HomeMy WebLinkAbout1.0 ApplicationBal<pR,'HOCAX.'HOUX
ARCHITECTURE & PLANNTNG / A.I.A. / P.C.
Whispering Creek Subdivision
Garfield County, Colorado
FINAL PLAT APPLICATION
November 9, 2OO7
OWNERS/APPLICANT:
Specialty Restaurants CorP.
8191 E. Kaiser Blvd.
Anaheim, CA 92808
714.279.6100
PREPARED BY:
Baker + Hogan + Houx A.l.A./P.C.
Box 931 160 East Adams
Breckenridge, CO. 80424
970.453.6880
BafpR.'HOCAN<,HOUX
ARCHITECTURE & PLANNING / A.I.A. / P.C.
Whispering Greek Subdivision
LETTER OF INTENT
EXHIBITS
EXH!BIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
EXHIBIT 9
EXHIBIT 1O
EXHIBIT 11
EXHIBIT 12
EXHIBIT 13
EXHIBIT 14
FINAL PLAT APPLICATION
TABLE OF CONTENTS
SU BDIVISION APPLICATION, OWNER and CONSU LTANTS,
LETTER of CONSENT
GARFIELD COUNTY CHECKLIST: SUBDIVISION REGULATIONS
SECTION 5:00
JULY 9,2007 - BOCC PRELIM!NARY PLAN CONDITIONS
VICINITY MAP, ASSESSOR'S MAP ANd ADJACENT LAND OWNERS
TITLE WORK
TAX CERTIFICATE
BOUNDARY LINE ADJUSTMENT ANd DEVELOPMENT
AGREEMENT
WATER SUPPLY
FINAL ENGINEERING PLANS
FINAL COST ESTIMATE
DRAFT _ COVENANTS, CONDITIONS, AND RESTRICTIONS
A - PLAT
B - ISDS DESIGN AND PERFORMANCE STANDARDS
ISDS MANAGEMENT PLAN
C - INTEGRATED VEGETATION AND WEED MANAGEMENT PLAN
D - WILDFIRE MITIGATION PLAN
E - MOSQUITO MANAGEMENT PLAN
DRAFT _ SUBDIVISION IMPROVEMENT AGREEMENT
VEGETATION MANAGEMENT DOCUMENTATION
DESIGN GUIDELINES
BercER.' HOGAN.'HouX
ARCHITECTURE & PLANNING / A.IA.i P.C.
November 9,2007
Craig Richardson, Senior Planner
Garfield County Building & Planning Department
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
RE: Final Plat Application for the Whispering Creek Subdivision
Dear Craig, ,
It has been a pleasure working with you and the Planning Staff to prepare this Final Plat
application for the Whispering Creek subdivision. Attached are the 3 copies of the Final Plat
application as required in Section 5:00 of the Garfield County Subdivision Regulations.
To help expedite Staff's review process, we have included a copy of the Section 5:00 Final Plat
requirements in Exhibit 2 with an explanation where to find the information within the
application. ln addition, we have included a copy of the Preliminary Plan conditions of approval
as Exhibit 3. The location of each response to each specific condition is noted.
A copy of the Boundary Line Adjustment and Development Agreement with the Owner's
neighbor, Mr. Joel Leonard, has been resubmitted as Exhibit 7 for consideration during the
review of the Final Plat by the County Surveyor. This document was approved by the County
Attorney during the Preliminary Plan application review. As described in the agreement, Mr.
Leonard will Quit Claim Deed a portion of property to the Whispering Creek subdivision in
exchange for the 60'Access Easement upon approval of the subdivision by the Board of
County Commissioners.
ln accordance with Section 5:31.G., we have resubmitted the Contract to Provide Water Service
and Pre-Annexation Agreement with the Town of New Castle as Exhibit L This agreement was
approved by the County Attorney for both the water supply and associated irrigation supply
during the Preliminary Plan application process. Further, the agreement was approved by Staff
and the Board of County Commissioners.
It is the Applicant's understanding that in accordance with Section 5:31.H., an assessment fee
is required for the RE-2 School District. The RE-2 School District requires a $200 per lot
School Site Acquisition Fee for a total of $1,000.00 to be paid at Final Plat. We understand that
this shall be included as a component of the Subdivision lmprovement Agreement.
PRINCIPALS: BOX93[ I60EASTADAMS BOX2ll3 560ADAMSAVE. BOXI85 6503RDA\ESE.,STEI0
EUGENE L, BAKER, A.I.A. /\ BRECKENRIDGE, CO 80424 /\ SILVERTHORNE, CO 80498 /\ PERHAM, MN 56573
MARCI.HoGAN,A.I.A. 17 pHoNE: (970)453-6880 v pHoNE: (970)513-1000 \ " pHoNE: (218)3464505
rrarcueErn.Houx,A.r.A. FAX: (970)453-6888 FAX: (970)5r3-01ss FAX: (2t8)34il4s07
An assessment fee is also required for Traffic Study Area 4. We understand that the final fee
shall be calculated prior to filing the Final PIat. At Preliminary Plan, it was determined that the
Applicant could expext to pay an approximate fee of $4,976.40; of which half shall be paid at
final plat. lt is our understanding that the remaining half is to be divided among the Lots to be
paid at the time building permits a1e submitted to the County for individual lot development.
The details of this fee will be included as a component of the Subdivision lmprovement
Agreement.
Please see the balance of the application for additional details supporting the Whispering
Credk Final Plat application. lf you have any questions or need additional information, please
feel free to call either myself or Yvonne Bryant at (970) 453-6880.
Sincerely,
Principal
Whispering Creek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 1
SU BDIVI SION APPLICATI ON, OWNER and CONSU LTANTS,
LETTER of CONSENT
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone : 970. 945. 8 21 2 F acsimi le : 970. 38 4.347 O
www. g a rf i e ld -cou ntv. co m
I .) ,-'/
Subdivision Application Form
GENERAL INFORMATION
) Subdivision Name; Whispering Creek Subdivision
F Type of Subdivision (check one of the following types):
Sketch Plan
-
Preliminary Plan
-
Final Plat XX
) Name of Propertv Owner:Specialty Restaurants Corporation
F Address. 8191 East Kaiser Blvd.Telephone' 7 14-279-UA0
) CitY: Anaheim State: CA Zip Code: 92808 fnX:7_laS9&19I
) Name of Owner's Representative, if any (Attornev, Planner. etc):
Baker + Hoqan + Houx Architecture & Planning/AIAJPC
F Address: PO Box 931 Telephone: 970-453-6880
) City: Breckenridge State: CO Zip Code: 80424 FAX,9l9-6199q8
) Name of Enoineer: Deric Walter, PE - Boundaries Unlimited Inc.
F Address: 823 Blake Avenue, Suite 102 Telephone:970-945-5252
) City: Glenwood Springs State: CO Zip Code: 81601 FAX:970-98+?93:
) Name of Surveyor: Jeff Tuttle - Tuttle Surveying
> Address:823 Blake Avenue, Suite 102 Telephone: 970-928-9708
) City: Glenwood Springs State: CO Zip Code: 81601 FAX:
) Name of Planner: Baker + Hogan + Houx Architecture & Planning/AlfuPC
) Address: PO Box 931 Telephone: 970-453-6880
) City: Breckenridge State: CO Zip Code: 80424 FAX:970-453-6888
I. THE SUBDIVISION PROGESS
ln order to subdivide land in Garfield County, an Applicant is required to complete the following land use
processes in the following order: 1) Sketch Plan Review Process, 2) Preliminary Plan Review Process, and
3) Final Plat Review Process. This section will briefly describe the nature of each process and provide
general direction including subdivision regulation citations to a potential applicant requesting subdivision
approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for
purchase at the Planning Department and can also be found on the World Wide Web at the following
address: http://www.qarfield-county.com/building_and planning/index.htm
A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Sketch Plan process is to allow an individual an opportunity to
propose a subdivision in a "sketch" format to the Planning Department and the Garfield
County Planning Commission in order to obtain a cursory review for compliance with
the County's land use review documents, regulations, and policies to identify any
issues that would need to be addressed if the proposed subdivision were to be pursued.
2. Applicabilitv
Any individual proposing a subdivision in Garfield County is required to complete the
Sketch Plan review process as the first step in Garfield County's Subdivision process.
More specifically, Garfield County defines a subdivision (Section 2:20.48) as the
division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or
separate interests, or the use of any parcel of land for condominiums, apartments or
other multiple-dwelling units, as further defined by Colorado state law.
3. Application i Submittal Requirements
ln order to apply for a Sketch Plan Review an Applicant is responsible for reviewing
Section 3:00 of the Subdivision Regulations and providing enough information to the
Planning Department in the application to conduct a thorough review and provide the
resulting comments to the Planning Commission for their review and comments.
Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain the
specific information required to be submitted to the Planning Department in order to
satisfy the application requirements in addition to the information requested on this
application form.
4. Process / Public Meetinq
The Sketch Plan review process is considered a 1-step process because the
application is reviewed only by the Planning Commission at a public meeting. ln order
to appear before the Planning Commission, an applicant will have submitted all
required application submittal requirements mentioned above to the Planning
Department Staff. Once submitted, Staff will have 15 working days to review the
application to determine if all the required submittal information has been submitted as
required.
lf Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." lt is at this point Staff will also indicate when the application has been
J
scheduled to be reviewed before the Planning Commission and will request the
applicant supply additional copies to provide the Commission for their review.
lf Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
applicant knows what additional information needs to be submitted. At this point, the
applicant has 6 months (180 days) to provide the necessary information to the
Planning Depadment to remedy the application so that it may be deemed technically
complete. lf the application has not been deemed technically complete within this time,
the application will be terminated.
Once the application has been deemed technically complete and a date has been
established as to when the Planning Commission will review the application, Staff will
conduct a land use review of the application using the County's land use regulatory
documents including the Zoning Resolution, Subdivision Regulations, and the
Comprehensive Plan of 2000. ln addition, Staff will also consider referral comments
provided from a variety of state and local agencies who may also review the application.
As a result, Staff will write a Memorandum on the proposed subdivision to the Planning
Commission containing the results on the land use analysis. This Memorandum will
also be furnished in advance to the applicant.
At the date and time set for the public meeting before the Planning Commission, Staff
will present the findings in the Memorandum and the applicant will be required to
present the proposed subdivision and respond to comments and questions provided by
ihe Ptanning Commission. The comments provided to the Applicant by the Planning
Department and the Planning Commission as a result of the Sketch Plan Process will
be kept on file in the Planning Department for 1-year from the meeting date before the
Planning Commission. lf an Applicant does not submit a Preliminary Plan application to
the Planning Department within the 1-year timeframe, the Sketch Plan file will be
closed and the Applicant will need to reapply for a Sketch Plan review prior to a
Preliminary Plan review.
B) Preliminarv Plan Review (Section 4:00 of the Subdivision Regulations)
1. Purpose
ffre pLrrpose of the Preliminary Plan review process is to conduct a thorough review of
the many aspects that are associated with dividing land in Garfield County for the
purposes of residential, commercial, and industrial development. This is the most
intensive review step where the Building and Planning Staff, the Planning Commission,
and the Board of County Commissioners (BOCC) will conduct a thorough review of all
the issues associated with the proposed subdivision against the County's regulatory
requirements. Ultimately, the purpose of this process is to identify all the major issues
in ttre proposed subdivision by using the County's Zoning Resolution, Subdivision
Regulations, Comprehensive Plan of 2000, as well as other state and local referral
agelncies that will provide comments on any issues raised in their review. This is the
process that will either approve or deny the application request.
4
2. Applicabilitv
nny inOiviOuat proposing a subdivision in Garfield County is required to complete the
Preliminary Plan review process as the second and most intensive step in Garfield
County's Subdivision process. More specifically, Garfield County defines a subdivision
as thodivision of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or
separate interests, or the use of any parcel of land for condominiums, apartments or
other multiple-dwelling units, as further defined by Colorado state law'
3. Application / Submittal Requirements
tn orrOer to apply for a Preliminary Plan Review, an Applicant must have already
completed the Sketch Plan review process addressed in Section 3:00 of the
Subdivision Regulations.
An applicant requesting Preliminary Plan review will be required to submit this
application form, all the required submittal information contained in Sections 4:40 to
4:g4 of the Subdivision Regulations as well as address all of the applicable Design and
lmprovement Standards in Section 9:00 of the Subdivision Regulations.
ln addition to the substantive submittal information related to the proposed subdivision
project itself, an applicant is required to complete all the public notice requirements so
inal tegat public hearings can be held before the Planning Commission and the BOCC
which is addressed in Sections 4:20 - 4:31of the Subdivision Regulations.
4. Process / Public Hearinqs
fne eretimin-ary Plan review process is considered a 2-step process because the
application is uitimately reviewed by two County decision-making entities during public
hearings: the Planning Commission who makes a recommendation to the BOCC.
ln order to obtain dates for the public hearings before the Planning Commission and
the BOCC, an applicant will have submitted all required application submittal
requirements mentloned above to the Planning Department Staff. Once submitted,
Staff will have 30 working days to review the application to determine if all the required
submittal information has been submitted as required.
lf Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." lt is at this point Staff will also indicate when the application has been
scheduled to be reviewed before the Planning Commission i BOCC. Additionally, Staff
will provide the applicant with the notice forms to be mailed, published, and posted.
lf Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
5
c)
applicant knows what additional information needs to be submitted. At this point, the
applicant has 6 months (180 days) to provide the necessary information to the
Planning Department to remedy the application so that it may be deemed technically
complete. lf the application has not been deemed technically complete within this time,
the application will be terminated.
Once the application has been deemed technically complete and a date has been
established as to when the Planning Commission / BOCC will review the application,
Staff will conduct a land use review of the application using the County's land use
regulatory documents inctuding the Zoning Resolution, Subdivision Regulations, and
the Comprehensive Plan of 2000. ln addition, Staff will also consider referral comments
provided from a variety of state and local agencies who may also review the application.
As a result, Staff will write a Memorandum on the proposed subdivision to the Planning
Commission / BOCC containing the results on the land use analysis. This
Memorandum will also be furnished in advance to the applicant prior to the public
hearings.
As mentioned above, Staff makes a recommendation to the Planning Commission and
the BOCC regarding the issues raised in the analysis of the proposed subdivision. The
Applicant will first propose the subdivision to the Planning Commission who is
responsible for making a recommendation of approval, approval with conditions, or
denial to the BOCC. Next, the application will be reviewed by the BOCC during a
regular public hearing. The BOCC will consider the recommendations from the
Plinning Staff and the Planning Commission, the information presented by the
applicant, and the public. As a result, the BOCC is the final decision-making entity
regarding the proposed subdivision and will either approve, approve with conditions, or
deny the application.
lf the BOCC approves the subdivision application at the public hearing, the approval
shall be valid for a period not to exceed one (1) year from the date of Board approval,
or conditional approval, unless an extension of not more than one (1) year is granted
by the Board prior to the expiration of the period of approval. (See the specific
information provided in Section 4:34 of the Subdivision Regulations.) Following the
hearing, Staff will provide a resolution signed by the BOCC which memorializes the
action taken by the Board with any / all conditions which will be recorded in the Clerk
and Recorder's Office. Once an applicant has Preliminary Plan approval, they are
required to complete the third and final step in the County's Subdivision Process: Final
Plat Review.
Final Plat Review (Section 5:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Final Plat review process is to provide the applicant with a
mechanism to prove to the County that all the conditions of approval required during
the Preliminary Plan review process have been met / addressed to the satisfaction of
the Planning StafF and the BOCC. This being the case, the chairman of the BOCC will
sign the Final Plat and have it recorded memorializing the subdivision approval granted
by the BOCC. This is the last step in the County's subdivision process.
2. Applicability
Any individual proposing a subdivision in Garfield County is required to complete the
Final Plat review process as the third and last step in Garfield County's Subdivision
process. More specifically, Garfield County defines a subdivision as the division of a lot,
tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or
the use of any parcel of land for condominiums, apartments or other multiple-dwelling
units, as further defined by Colorado state law.
3. Application i Submittal Requirements
ln order to apply for a Final Plat review, an Applicant must have already completed the
Preliminary Plan review process addressed in Section 4:00 of the Subdivision
Regulations.
An applicant requesting Final Plat review will be required to submit this application form,
atl the required submittal information contained in Section 5:00 of the Subdivision
Regulations and responses to all the conditions of approval required as part of the
Preliminary Plan review process.
4. Process
The Final Plat review process is considered a 1-step process because the application
is ultimately reviewed by the Building and Planning Staff and presented to the BOCC
for their signature if the application satisfies all the required submittal information to the
satisfaction of the Building and Planning Department.
lf Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." lt is at this point Staff will also indicate when the application has been
scheduled to be presented to the BOCC for signature. (This is not a public hearing or
meeting and therefore does not require public notice')
lf Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
applicant knows what additional information needs to be submitted.
Once the application has been deemed technically complete and a date has been
established as to when the BOCC will review the Final Plat, Staff will review the
application / Final Plat in terms of adequacy to determine if all the submittal information
saiisfies the Final plat requirements as well as the responses to the conditions of
approval. During this review, Staff will forward the Final Plat the County Surveyor for
review and a signature. ln the event there are additional questions or clarification
issues to be addressed, the County Surveyor will generally contact the applicant to
have the plat adjusted as necessary. Once, Staff has completed the review and all
required information has been submitted to the satisfaction of the Planning Department
7
Please Note: This information presented above is to be used as a
g;n"ral guid" for an applicant considering a subdivision in Garfield
6ounty.It is t iglrly recommended that an applicant either purchase
the Garfield Couniy Zoning Resolution and Subdivision Regulations
in order to
three steps
.oarfie
ascertain
including
buildi nd nde
att itre necessary requirements for each of the
Sketch Plan Review, Preliminary Plan Review,
and Final Plat Review.
or access them on'line at:
and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at
the next BOCC *"eiing to be placed on the consent agenda with a request to
authorize the Chairman of the BOCC to sign the plat-
Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and
Recorder's Office for a f6e of $11 forthe first sheet and $10 for each additional sheet
thereafter. This fee shall be paid by the applicant. This act of recording the signed Final
plat represents the completion of the Garfield County Subdivision Process.
please refer to the specific language in the Final Plat portion (Secti91 5:00) of the-
Subdivision Regulations for speclfic timelines and additional responsibilities required of
the applicant to complete the Final Plat process'
which is correct and accurate t9 the best of my-knowledge'
/o bz
(Si$pature,of ProPeftY
Last Revised:0712007
Date
,rfl(t),n
I have read the statements above and have provided the required attached information
GARFIELD COUNTY BUTLDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established
a fee structur, ("Bu." Fee") for the processing of each type of subdivision and land use applications'
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied
by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use
application processing time will vary and that an applicant should pay for the total cost of the review which
,rruy ,"qrire addition-al billing. Hourly rates based on the hourly salary, and fringe benefits costs of the
respective positions combined with an hourly overhead cost for the office will be used to establish the actual
cost of County staff time devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be uiuea based on actual ,tuff horrr. accrued. Any billing shall be paid in fulI prior to final
cinsideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, ,ro ,.* or additional applications will be accepted for processing until
the outstanding fees are Paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and ications will not be accepted without the required
application fee. Base are non-re iil fuU, unless a written request for withdraw from the applicant
is iubmitted prior the initial review of the application materials.
Applications must include an Aqreement for Payment Form ("Agreement") set forth below' The Agreement
"riubtrrr", the applicant as being responsible for payment of all costs associated with processing the
application. The^Agreement -rri b. signea by the party responsible for payment and submitted with the
application in order for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached'
GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application
to which sr"h f""s relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the
applicant to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE
Vacating Public Roads & Rights-of-Way
Sketch Plan
Preliminary Plan
Exemption from the Definition of Subdivision (SB-35)
Land Use Permits (Special tlse/Conditional Use Permits)
. Administrative/no public hearing $250
, Board Public Hearing only $400
. Planning Commission and Board review & hearing $525
Zoning Amendments. Zone District map amendment
. Zone District text amendment. Zone District map & text amendment
. PIID Zone District & Text Amendment
. PUD Zone District Text Amendment
Board of Adjustment. Variance
' Interpretation
Plaming Staff HourlY Rate
. Planning Director. Senior Plarmer
' Planning Technician
. Secretary
County Surveyor Review Fee (includes review of Amended
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee
BASE FEE
$400
$32s
$675 + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
-f,uch.as the Colorado Geologic SurveyTT
s100
$300
$450
$300
$500
$s00
$s00
$2s0
$2s0
$50.s0
$40.50
$33.7s
$30
Determined by Surveyor$
$11 - l't page
$10 each additional page
Page2
The following guidelines shall be used for the administration of the fee structure set forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. Aliaddiiional costs shall be paid to the execution of the written resolution confirming
action on the application.
4. Final plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. All additional costs shall be paid prior to the
ixecution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed
above.
7 . Types of ,,procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
g. The planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
g. This fee structure shall be revised annually as part of the County budget hearing process.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COI-INTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
Specialty Restau rants Corporation
1. APPLICANT has submitted to COLINTY an application for
Whispering Creek Subdivision (hereinafter, THE PROJECT).
Z. AppLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the fuIl extent of the costs involved in processing the
application. ApPLICANT agrees to make payment of the Base Fee, established for the PRoJECT, and to
thereafter permit additional iosts to be bilied to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
applicatio"n or additional CoLrNTy staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, AppLICANT shall pay additional billings to CoI-rNTY to reimburse the CoUNTY
for the processing of the PROJECT mentioned ibou.. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COI-INTY of any land use permit, zoning amendment, or subdivision
plan.
APPLICANT
Print Name
@orpu/
Mailing Address: specialty Restaurants corporation
8191 East Kaiser Boulevard
Anaheim, CA 92808
1012004 ffi";'-f,t
Page 4
Barpn'HOCAN.,HOIIX
ARCHITECTURE & PLANNING / A.I.A. / P.C
OWNER/APPLICANT:
Specialty Restau rants Corporation
8191 East Kaiser Blvd.
Anaheim, CA 92808
Ph: 714.279.6111
Fax'.714.998.4861
PLANNER:
Baker+Hogan+Houx Arch itecture
Box 931 160 East Adams
Breckenridge, CO 80424
Ph: 970.453-6880
Fax: 970.453-6888
CIVIL ENGINEER:
Boundaries Unlimited lnc.
923 Cooper Ave., Suite 102
Glenwood Springs, CO 81601
Ph: 970.945.5252
Fax: 970.384.2833
SURVEYOR:
Tuttle Surveying Services
823 Blake, Suite 102
Glenwood Springs, CO 81601
Ph: 970.928.9708
Fax: 970.947.9007
GEOTECH N ICAL ENGI NEER:
CTl-Thompson, lnc.
234 Center Drive
Glenwood Springs, CO 81601
Ph: 970.945.2809
Fax: 970.945.7411
ATTORNIES:
Dennis Stahl
8191 East Kaiser Blvd.
Anaheim, CA 92808
Ph: 714.279.6111
Fax 714.998.4861
Balcomb & Green, P.C.
P.O. Drawer 790
818 Colorado Ave.
Glenwood Springs CO 81602
PH: 970.945.6546
Fax: 970.945.8902
ENVIRONMENTAL:
Clark Ecological
1673 Highway 50
Grand Junction, CO 81503
Ph: 970.250.0275
Fax:970.241.2299
OtterTai! Environmental, lnc.
1045 N. Ford St.
Golden, CO 80403
PH: 303.858.8350
TITLE INSURANCE:
Commonwealth Title Company
P.O. Box 352
Rifle, CO 81650
Ph: 970.625.3300
Fax: 970.625.3305
Whispering Greek Subdivision
FINAL PLAT APPLICATION
OWNER & CONSULTANTS
OcT, 4, 2006 3:14PM SPEC IALTY RESTAURANT N0,7012 P, 2/2
AI(CHITECTURE & PLA}ININO / A.I.A, / P.C.
Houx
AUTHORIZATION LETTER
Project: Wnisperinq Creek S.ubd
Address:
Exemption Plat. - .-.
Legal Description:
To Whom It MaY Concern:
This is to confirm that I have authorized Baker + Hogan + Houx Archiieoture & Planning /A.l.A. /
p.C, and Boundaries Unlimited lnc. to act as my representatives to work on the project noted
ba{nv-rrf or3
q rt E--i-
PRINTED OR TYPED NAME
1t+*f g u r'.P
TITLE ,,/d 4- oL
DATE
STETTMENT OF INTEREST IN PROJECT
BerBRHoceN*Houx
ARCHITECTURE & PLANNING / A.I.A, / P.C.
Whispering Greek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 2
GARFIELD COUNTY CHECKLIST:
SUBDIVISION REGULATIONS SECTION 5:00
ARCHITECTURE & PLANNING I A.I,A.IP.C.
BAKBR.,.,Hotrx
FINAL PLAN APPLICATION
Whispering Greek Subdivision
GARFIELD COUNTY SUBMITTAL CHECKLIST
5:20 FINAL PLAT REQUIREMENTS
S:21 The Final Plat shall be drafted legibly, with black waterproof ink, on sheets of
permanent reproducible material, such as mylar, measuring 24" x 36" with clear
margins of 2" on the left hand side and 112" on the remaining sides. Where
multiple sheets are necessary to depict the total filing, the legal description to the
tract boundary and all certifications and dedications need appear only on the title
or cover sheet and a key map to sheet location shall be provided. The scale of
the Final Plat shall be at least 1"=200'. Final check set attached - 2 plat sheeG
S:22 The Final Plat shall meet the minimum CRS standards for land survey plats, as
required by Colorado State law, and approved by the County Surveyor and shall
include at least the following information in the format described:
A. Name of the subdivision and legal description of the property; Plat-1
B. Date of the survey, statement of the scale, basis of bearing, North arrow and
graphic scale; Plat-2
C. Location and description of the primary control points for the survey data and
of all property monuments on the subdivision;
D. Names of all streets or roads, block letters and lot numbers indicated in a
manner for easy plat identification; Plat'2
E. Location of all major drainage channels or areas; Plat'2
F. Vicinity map at a scale of 1"= 2O0O', including section lines, as well as
township and range lines, where practical; and Plat-1
G. Tract and lot boundaries, rights-of-way and streets shown in solid black lines;
easements or other rights-of-way shown in dashed lines; lots numbered with
dimension and area shown: Plat'2
1. Lot boundaries shall be accurate to the nearest 0.01 foot with lot areas
under one (1) acre shown to the nearest square foot and lot areas one (1)
acre or over shown to the nearest 0.01 acre and bearings to the nearest
second of acre;
2. Arc lengths and central angles and radius of all curves shall be shown
with central angles shown to the nearest second of arc; and
3. Widths and dimensions of all easements, rights-of-way and streets shall
be indicated. Plat-2, See also Plat Note #25 on Plat-l
5:23 The Final Plat shall meet the minimum standards for monumentation of and
surveys, as required by Colorado Revised Statutes, Section 38-51-101, as
amended, including, but not limited to the following standards:
A. Monumentation
Permanent monuments on perimeter boundaries shall be set before the
recording of the subdivision plat. The monuments are to be set in concrete
with a three inch (3") center radius, minimum one foot (1') depth, monument
showing at surface. Metaltablets to be set in solid rock. Witness corers to be
set for inaccessible areas by authority and discretion of the County Surveyor
and pursuant to Colorado Revised Statutes of 1973, Section 38-51-191.
Street and roadway centerline monumentation shall be set after the
completion of any construction. The monuments shall be set at every
intersection and every P.C. and P.T. of a curve. Lot and block monuments
shall be set pursuant to Colorado Revised Statutes, Section 38-51-101-2
(1973). All aliquot corners, established in the procedure of subdividing a tract
of real estate, will be submitted to the County Surveyor before the recording
of each subdivision. All monumentation must have magnetic attraction. Any
variation from the submittal requirements on monumentation shall be subject
to the approval of the Garfield County Surveyor.
B. Perimeter Boundarv Monumentation
1. Solid rock, ground or concrete. A durable cap shall be securely anchored
in the rock or concrete and stamped with the survey point and the
Colorado registration number of the land surveyor responsible for the
establishment of the monument or marker, as required by C.R.S. Section
38-51-101 (1e73).
Loose soil, sand marsh, etc.. Monuments may be set , but shall be
referenced or witnessed pursuant to C.R.S. Section 38-51-101-6 (1973).
Lot corners. Lot corners or corners shall be witnessed or referenced as lot
corners shall have a minimum five-eights inch (5/8") iron rod or rebar
twenty-four inches (24") long, solidly imbedded in the ground, with a
durable cap bearing the Colorado registration number of the Surveyor,
Street and roadway center line. A five-eights inch (5/8") iron rod one foot
(1') long, with a one and three eights inch (1 3/8') diameter cap recessed
one half inch (1/2") below surface of paving. Center line, other than
paving, such as gravel, dirt, etc., shall have a five-eights inch (5/8") iron
rod two feet (2') long with one and three eights inch (1 3/8") metal cap
recessed four inches (4") below surface, properly referenced, and metal
cap with Surveyor's Colorado registration number to be completed within
a reasonable length of time after construction.
C. Elevation Bench Marks
Bench Marks: Shall be of monument quality with no less than a one and
three-eights inch (1 3/8') diameter metal cap set in one foot (1') of concrete
protruding one-fourth inch (1/4") above surface with letters B.M. for Bench
Mark with the elevation stamped thereon. All monumentation shall be subject
to approval by the Garfield County Surveyor.
5:24 The Final Plat shall include the following certifications and additional information,
as required by Colorado Revised Statute, Section 38-51-102:
A. Names and addresses of owner(s) of record of both surface and mineral
estates, including mineral lessees, if any, and names of any property
mortgagees, Plat-l
Total acreage of the subdivision, total number of lots within the subdivision,
and total acreage devoted to each use (e.9., single family residential,
commercial, street, open space); greenbelt (2003-18) Plat-1
County Surveyor's Certificate (See Appendix); Plat-1
lndication of the purpose for dedication or reservation of sites, other than
residential lots; Plat-l
2.
3.
4.
B.
E. Certificate of Dedication and Ownership executed by all persons with an
interest in the subdivision property, including any security interest (See
Appendix); Plat-l
F. Surveyor's Certificate signed by a registered land surveyor licensed in the
State of Colorado (See Appendix); Plat-l
G. A copy of the Colorado State Land Survey Monument Record forms, to be
filed by the County Surveyor, for any corners required to be filed on by
Colorado state law; To be filed prior to Final Plat recordation.
H. Attorney's Certificate describing all dedications to the public and certifying
that the subdivide(s) has/have complied with the Garfield County Subdivision
Regulations; Plat-1l. Garfield County Board of County Commissioner's Certificate (See Appendix);
and Plat-1
J. Garfield County Clerk and Recorder's Certificate (This certificate shall not be
completed until after Final Plat is recorded). Plat-l
5:25 lf the subdivision includes condominium units, in addition to the Final Plat
requirements above, a separate condominium Final Plat, certified by a surveyor
registered and licensed by the State of Colorado and depicting the following
information, shall be provided after new construction or as a part of the Final Plat
if it is a conversion: Not Applicable
A. Vertical and horizontal location of each air space unit with dimensions and
area included;
B. Relation of individual air space units to limited and general common
elements;
C. Designation of any limited common elements reserved for the exclusive use
of any individual air space unit;
D. ldentification of each condominium unit by number or symbol, including both
the individual air space unit and any reserved limited common elements;
E. Location of all exterior and interior load bearing walls of common ownership;
F. Elevation of each air space unit in relation to an established United States
Government benchmark; and
G. Statement of proposed density, including number of buildings and number of
air space units.
5:30 SUPPLEMENTAL INFORMATION
5:31 The following documentation shall be filed simultaneously with the Final Plat and
at the same scale as the Final Plat, where applicable:
A. Engineering plans Exhibit 9, descriptions and cost estimates for streets,
drainage facilities, water and sewage disposal systems, bridges and other
improvements marked "Approved for Construction"; Exhibit 10
B. Subdivision lmprovements Agreement and Gensent te Vaeate the Final Plat
executed between the subdivider and the County; Exhibit 12
C. Certification of the County Treasurer's Office that all applicable ad valorem
taxes have been paid for years prior to that in which subdivision approval is
granted; Exhibit 6
D. Copy of subdivision covenants, if any; Exhibit 11
E. Evidence that all services, including water, sewage disposal and roads,
comply with state and local laws and regulations and shall be available to
each Lubdivision lot to the extent necessary for use of such lots in the
manner permitted by zoning and covenants affecting the lots; See Final
Engineeiing Plans in Exhibit 9 and Water Supply Agreement in Exhibit 8
F. Apfroved site location approval from the Colorado Department of Health,
Water Quality Control Division; Exhibit 8
G. Written evidence of an adequate legal supply of water shall be provided in a
form consistent with the requirements of the resolution approving the
Preliminary Plan, the report of the State Engineer submitted for consideration
at Preliminary Plan review, and the requirements of this section. lf the State
Engineer has submitted a report in compliance with Section 30-28-136,
C.R.S., as amended, fails to recommend a specific method of rectifying the
injury or inadequacy, or if the Board of County Commissioners has approved
the preliminary plan without specifically adopting the State Engineer's
recommendation, the Board of County Commissioners may consider one or
more of the following forms of evidence: Exhibit 8
1. a final decree entered in a court of competent jurisdiction, providing for a
legal water supply for the uses intended; or
2. a) a well permit
b) a diversion of water;
The foregoing must be supported by any necessary perpetual
commitment or long-term contract for water from a governmental water
supply agency allowing diversion for the use intended at the well or
diversion point; or
3. evidence complying with a written opinion and recommendation of the
State Engineer.
ln order to properly evaluate compliance with this section, the Board of
County Commissioners may retain expert assistance to provide advice
conceining the adequacy of the tendered written evidence. The cost of
such retained experts shall be born by the applicant.
H. School site approval or cash in lieu and fire district impact fees based on a
study of the fiscal impact on the district by new subdivision development,
approved by the Board of County Commissioners and Planning Commission;
and Lefter of lntent
l. Management plan for the operation and maintenance of individual sewage
disposal system. Exhibit 11-B
5:32 lf the subdivision includes condominium units, the subdivider shall provide a copy
of the proposed declaration which, at a minimum, shall include: Not Applicable
A. Statement defining the character, duration, rights, obligations and limitations
of condominium ownership, including any restrictive covenants affecting
individual units;
B. Statement of proposed method by which the proportionate valuation of
common elements shall be assessed on individual condominium units; and
C. Provisions for creating and procedure, conditions, restrictions and limitations
on time sharing ownership, if applicable.
BefBnrHOCaN.'.HOUX
ARCHITECTURE & PLANNING / A.I.A. IP.C.
Whispering Greek Subdivision- FINAL PLAT APPLICATION
EXHIBIT 3
JULY 9,2007 - BOCC
PRELIMINARY PLAN CONDITIONS
Garfield County
BUILDING & PIA,NNING DEPARTMENT
July 12,2007
Yvonne Bryant
Baker Hogan Houx
Box 2113
Silverthome, CO 8049
RE: Whispering Creek Subdivision Preliminary Plan
Dear Yvonne:
As you are aware, on Monday, July g,fi,20}':,,the Board of County Commissioners approved the
preiiminary plan Application for the Whispering Creek Subdivision with the following conditions:
That all representation made by the Applicant in the application and 1q testimony
in the puOiic hearing before the Board of County Commissioners shall be
conditions of approval, unless specifically altered by the Board of County
Commissioners; Understood
The Applicant shall include the following plat notes on the final plat:
See Plat Notes on Plat-1 as attached and in Exhibit 9
i1 On, (l) dog witt be allowed for each rcsidential unit and the dog shall be'
required to be confined within the ownels propefty boundaies.
b) No open hearth sotid-fuet fireplaces witt be allowed anywhere_within the' subdivision. One (1) new sotid-fuet buming stove as defied by C.R.S' 25-7-441,
ef. sew., and the regulations promulgated thereunder, will be allowed in any
dweling unit. Altdwetling unitiwittbe attowed an unrestricted numberof natural
gas buming sfoves and aPPliances'
c) All exterior tighting witt be the minimum amounf necessary and all exterior
lighting witt 5e directed inward and downward, towards the inteior of the
{uOAiiision, except that provisions may be made to allow for safety lighting that
goes beyond the property boundaries.
d) No further divisions of tand within the Subdivision will be allowed.
108 Eighth Street, Suite 401 ' Glenwood Springs, CO il6Al
(970) 945-5212' (970) 285'7972' Fax: (970) 384-3470
1)
2\
Garfteld CountY
BT]ILDING & PI-|NNING DEPARTMENT
e)Colorado is a "Right-to-Farm" Sfafe pursuant fo C.RS' 35-3-101, et seg'
Landowners, residbnts and visrfors must be preparcd to accept the activities,
srghfs, sounds and smells of Garfietd County's agricultural operations as a
normaland necessa ry a,spect of living in a Caunty with a strcng rural.character
and a heatthy r"riiiigsecfor. All mist be prepared to encounter noises, odor'
tights, mud,-dust, smioke chemicals, machinery on public roads, livestock on
p"iitii ,rrd", stoiage and drsposal of manure, and the apptication by.spmying or
otherwise of chem"icalfertitizers, soil amendments, herbicides, and pesticides,
any one or more ir *iirn may naturally occur as a patt of a legal and non'
negtigent agricultural operation s.
Afi owners of land, whether ranch or residence, have obligations under.State law
and County regutaiorns with regard to the maintenance of fences and inigation
ditches, controltiii-weeds, Xieping livestock and pets under control' using
property in ,rrordZnr, *ith zaning,'and other aspects of using and m.aintaining
iiripri1 Residenfs and landowners are encouraged to leam about these ights
and responsibitities and act as good neighbors !1! cltAens of the Caunty' A
good introductory source for suin infrrmition is "A Guide to Rural Living & Small
bcarc Agicutture;iii oit iy the Cotorado Sfafe University Extension office in
Garfield CountY.
g) Based on the anatysis of the sub-so/s on the property, lndividual Sewage
TreatmentSysfems a nd foundation designs are required to b.e.conducted by a
rcgistered professional engineer licenied to practice within the State of
Colorado.Ihese sfudies ,rld ptans shatt be submitted with individual building
permit application for each toi. fne cost of the.se sfudies shall be bome by the
individual ProPertY owner.
h) Attsfreefs are dedicated to the pubtic Pyt qlt.sffeefs witt be constructed to
standardsconsisfen twithsecfion 9;35 of the subdivision regulation of 1984' as
amended uni
-iiprir
and maintenance shatl be the responsibility of the
incorporated Homeowners Association of the subdivision.
t The mineral rightsassocrafed with this property have been partially severcd and
are not fulty iitact or transfened with ihe-suiace esfafe therefore allowing the
potentiat for natural resoutce extraction on the property by the mineralesfafe
owner(s) orlessee(s).
2
108 Eighth Streer, Suite 401 ' Glenwood Springs, CO 81601
(970) 945'5212 ' (970) 255'7972' Fax: (970) 384-3470
Garfield CountY
iiitotNc & PIANNING DEPARTMBNT
3)
4\
5)
6)
i) Development with the flood ptain rs subiecf to Gartie$ County Administrative
Permitting.
The protective covenants shall include a mosquito management plan for on-site
detention Ponds;
See Exhibit 11.E.
The Applicant shall provide a map or information that quantitles tne area ln terms
of acres, to be OisiuiUeO and subsequently reseeded on road cut and utility
disturbances at the time of Final Plat;
See Exhibit 9, Sheet DET-2, Revegetation Detail
The Applicant shall provide a revegetation security in an amount to be
determined by Garfield county Vegetation Department at the time of Final Plat;
Addressed in Exhibit 12 Subdivision lmprovement Agreement
The Applicant shall cut and treat the inventoried Ruslian-Olives prior to l-lnal
piat O6irmentation of the treatment shall be provided to Garfield County
Vegetation DePartment;
Understood
The Applicant shall be responsible_ for payitg Yz of lhe required RE-2 School
District iee prior to recordation of the Final Plat;
Understood
The Applicant shall include the following language within the Covenants and
restrictions:
a) Dogs should not be allowed to roam and homeowners should also be
advised tnri ooJs cnasing witotite is illegaland can lead to legalaction. The
Colorado Division of Wildlife will issue-fines for doqg !-aqssing.or chasing
witdtife. r;';6i; onr"*"d chising or harassing witotite it qrY.b. shot. No
more tnan one-dog per household witn a kennel restriction; furthermore an
electric fence should not be considered a kennel' Dogs that are not
kenneled must be leasheO atltttimes. Proof of kennel construction should
be required before a certificate of occupancy is issued' No dogs allowed by
constiuction workers during the development process.
Exhibit 11, Article Vll.3, Page 12
3
108 Eighth Street, Suite 401 ' Glenwood Springs, CO 81601
o\ai 945-8212 . (970) 285-7972' Fax: (970) 384-i470
Exhibit 13
n ine Applicant shall be responsible for Gartield Uounty lramc Impact rees prrur
to recordation of the Final Plat;
8)
e)
Garfteld CountY
BUILDING & PIANNING DEPARTMENT
b) Bear/human conflicts have the potentialto be a reoccurring problem in this
area and it is paramount that certain measures be taken to minimize these
conflicts: Exhibit 1 1 , Article Vll.21, Pages 15-16
all trash/garbage. Trash compactois inside the house can help eliminate
bulk and oOori which willfurther reduce potential problems;
humming bird feederjon windows orthe siding of the house. Seed feeders
should be strung up at least 10' from the ground with a seed catchment to
discourage other wildlife foraging
left outside;
box with a padlock can adequately prevent bears from breaking into horse
feed containers;
bleach solution when not in use due to the fact that leftover food and grease
are an overwhelming bear attractant;
bear access into houses as well as installing a cooling systel rather than
leaving winOoWs op"n, as this is the main wly bears access homes in the
summer. Storm shutters that can be closed and locked when the house is
not being used can also discourage u"?f I'9T entering vacant houses;
real or personal property by bears'
mesh fence for wildlife proofing at' the homeowners expense is
recommended.
atso discorr"g; d;r" "hO
oirt"t wildlife from feeding on *expensive
landscaping.
-Ho*uowners also need to be aware that the Division of
Wildlife is not rianfu for any damage to landscaping by deer, elk, or bear'
building envelopes is encouraged to continue to provide the highest value to
existing wildlife.
4
108 Eighth Street, Suite 401 ' Glentood Springs, CO 81601
(970) 945-8212 ' (970) 285-7972' Fax: (970) 384'3470
Garfteld CountY
BUILDING & PI-A,NNING DEPARTMENT
c) Due to the fact that wildlife does travel through the area, all fencing should
be eliminated. lf absolutely necessary, homeowners need to adhere to
wildlife friendly fencing consistent witn tne colorado Division of wildlife
approved fenc'es. For-wire fencing' a maximum height of 48'with no more
tddn a strands and a 12" kickspace between the top two strands is sufficient.
Rail fencing should be held to a maximum height of 42" with at least 18'
between two of the rails. Mesh fencing is strongly discouraged, as it
signifi cantly impairs wildlife movement.
Exhibit 11, Article Vll.22, Page 16
Craig Richardson
Senior Planner
970.94s.8212
5
108 Eiglzttt Street, Suite 401 ' Glenwood Springs, CO 81601
P7q 945-5212 . e7A) 285'7972'Fax: (970) 384'3470
Best regards,
n*//L---
BafgR.'HOCeNo'HOtfX
ARCHITECTURE & PLANNING / A.I.A / P.C.
Whispering Creek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 4
VICINITY MAP, ASSESSOR'S MAP
and ADJACENT LAND OWNERS
Wh isperi ng Creek Subdivision
Vicinitv Mao
SCALE:1"=2000
DATE: 4/2O/O5
nlimited, lnc.
823 Blake Avenue, Ste. 102' Glenwood Springs, CO 81501
tele: 970.945.5252 fax 97O.384.2833
nN
N
ol
.Ec'5
!
2125-252-00-0812125-252-00- 1 32
Subject Property
2/25-252-OO- 133
eqsr ^Y"e"2125-251 -00-01 1
@
2125-253-OO-077 2125-254-00- 1 64
2125-251 -00-01 4
@
.a
oo'rf' I@
Wh ispering Creek Su bdivision
Assessor's Map
aries Unlimited. lnc.
823 Blake Avenue, Ste. 1O2' Glenwood Springs, co 81601
tele: 970.945.5252 far 970.384.2833
2'.t25-252-00- 103
y#el[?"{S"yi?'; L' Huber
:i":'i"}X-"=JI'?i"n"-
o
33;il -',H;,?'$,,$:Y';l:*
New castle, co 8t647-s7ss R;? BlX.i"lt o ,r.0, Steamboat sprinss, co Bo4B7
Joe Jo Ranch, LLC John Buerser &Joan Buerger "?:::f Mastro & Donna
600 S. Lincoln, Suite 205 82 Shoshone Trail
Steamboat springs, co 80487 New Castle, co 8l647-g42t P'o' Box 844
New Castle, CO 81647-0844
Richard & Mary Jolley Family Richard Zimmerer
1288 County Road 245 P.O. Box 345
New Castle, CO 81647 New Castle, CO 81647-0345
Mary Jackson & Reba Johnson Ronald Kissee The Johnson Living Trust
2926 Wellington Avenue 1445 Walnut Avenue 10 Penstemon Court
Grand Junction, CO 81504-5325 Grand Junction, CO 81501 Sante Fe, NM 87508
Ronald Kissee Mary Jackson/Loris Jackson/
2951 Cedar prace Reba Johnson 'r 'svnrv'r' charles wear & rda wear
Grand Junction, co 81s04 3'#.1lflttjl,%o 81s01 ftP;,t35
"?uo
Lawrence Wert
1500 Broadway
Denver, CO 80202
Bradford & Donna Mastro
P.O. Box 844
New Castfe, CO 81647-0844
Robert & Barbara Eanes
1679 County Road 245
New Castle, CO 8L647-9799
James & Judith Larson
P.O. Box 272
Glenwood Springs, CO 81602
Bruce & Cinda Munroe
0082 Shoshone Trail
New Castle, CO 81647
Robert Larson
2252 Lenwood Ct SW
Rochester, MN 55902
Brian Scott Wear Alex Kissee
405- 30 Road 529 Donegan Road
Grand Junction, CO 81504 Glenwood Springs, CO 81601
Bafpn,HOCaN.tHOUX
ARCHITECTI-]RE & PLANNING / A.I.A. / P.C.
Whispering Greek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 5
TITLE WORK
Gommonwealth Title GomPanY
of Garfield Gounty, lnc.
127 E.Sth Street I P.A. Box 352
Rifle, CO 81650
Phone (970) 625-3300 lFax (970) 625-3305
803 Golorado Avenue
Glenwood Springs, CO 81601
Phone (970) 9454444 lFax (970) 9454449
Date: January 23,2004
To: Rocky Mountain Realtors, Inc.:
4027th St., Ste. #100
Glenwood Springs, CO 81601
Attn: Toby
Phone: 945-7474
Fax: 945-7475
Re: Specialty Restaurants Corporation / Walter Huber
Thank you for your order.
Enclosed please find the following
in connection with our File No.0401045:
g Commitment
! Title Policy
tr Endorsement
tr Tax Certificate
tl Other
Copies Sent To:
Century 21, Rifle Brokers, LLC
Specialty Restaurants Corporation
,i
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 0401045
1. Effective Date: January 20,2004 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 10-17-e2)
Proposed lnsured:
Specialty Restaurants Corporation
(b) ALTA LOAN POLICY (10-17-e2)
Proposed lnsured:
$295,000.00
The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee
Simple and is at the effective date hereof vested in:
Walter Huber and Viola L. Huber
The land referred to in this Commitment is situated in the County of Garlield, State of Colorado and
described as follows:
See Attached Exhibit "A"
rJ.
4.
TITLE CHARGES
Owner's Policy Standard Coverage
Owner's Extended Coverage
Tax Certificate
$822.00
N/C
15.00
COUNTERSIGNED:
American Land Title Association
Schedule A
(Rev'd 6-86)
Valid Only if Schedule B and Cover Are Attached
lssuing Agent:
Commonwealth Title Company of Garfield County, lnc.
127 East Sth Street Rifle, CO 81650
Authorized Officer or Agent
ES
I
File No. 0401045
EXHIBIT "A''
A parcel of land in the SE1/4NW1/4 Section 25, Township 5 South, Range 91 West of the 6th Principal
Meridian being more fully described as follows:
Beginning at the North Quarter Corner of said Section 25, thence South 11"45'29 West 1546.23 ieet to
a point on the Southwesterly right of way of County Road No. 245 THE TRUE POINT OF BEGINNING;
thence along said right of way the following courses and distances: South 11"12'52" East 113.00 feet
thence 221.39 feet along the arc of a curve to the left having a radius of 691.539 feet and chord of
which bears: South 20"23'07" East 220.44 feet; thence South 29"33'25" East 350.91 feet; thence 76.24
feet along the arc of a curve to the left, having a radius of 349.99 feet and a chord of which bears:
South 35o47'50" East 76.09 feet to a point on said Section 25 North-South centerline; thence leaving
said right of way and along said North-South centerline South 00o02'00" East 416:62 feet, the center of
said Section 25; thence leaving said North-South centerline and along East-West centerline South
89"11'40" West 436.05 feet to a point in East Elk Greek; thence leaving said East-West centerline and
along lines in East Elk Greek the following courses and distances: North 11o18'50" West 124.86 feet;
thence North 32o45'30" West 112.71 feet; thence North 52"22'14" West 171.59 feet; thence North
17"24'50* West 250.85 feet; thence North 79o15'48" West 165.05 feet; thence North 34o48'38" West
77.46 feet; thence leaving East Elk Creek North 69"49'21" East 168.88 feet; thence l'lodh 46o20'37" East
492.37 feet; thence North 63'36'01" East 120.00 feet to THE TRUE POINT OF BEGINNING.
ALSO KNOWN AS
Parcel A of the Huber SB-35 Exemption Plat
recorded March 13,1992 as
Reception No.432547
File No. 0401045
NM6
American Land Title Association Comrnitment
Schedule B - Section 1 - Form 1004-5
SCHEDULEB-SECTIONl
1.
2.
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other
instrument recorded subsequent to the date hereof may appear as an exception under schedule B of the policy to be
issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County
in which said proPertY is located.
Warranty deed from Walter Huber and Viola L. Huber vesting fee simple title in Specialty Restaurants Corporaiion-
Recordation of a Statement of Authoriiy for Specialty Restaurants Corporation, evidencing the existence of the entity
and authority of the person authorized io execute instruments conveying, encumberin_g_of 9t!9ryi:9-affecting title to
real property on behalf of the entity, and containing the other information required by CRS 38-30-172, evidencing the
exisience oi said entity prior to its acquisition of title to the land herein.
3. Receipt of satisfactory plat of survey by company approved surveyor. NOTE: The company reserves the right to take
exception of any adverse matters disclosed thereon.
4. Execution and return of the attached Affidavit and Agreement indemnifying the Company against unfiled mechanic's
and materialmen's liens.
I
File No' 040104s
'.HEDULE
B - sEcrtoN 2
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to
the satisfaction of the company:
| 1. Rights or claims of parties in possession not shown by the Public records'
2. Eaiements, or claims of easements, not shown by the public records.
a. Discrepancies, ionflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and
inspection of the premises would disclose, and which are not shown by the public records.
4. Any lien, or ritnt io a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the
estate or interest or mortgage thereon covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
g. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
g. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or
intlersect the'premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United
States, as reserved in United Siates Patent recorded October 22, 1890 in Book 12 at Page 63.
10. Reservation of all minerals and mineral rights including oil and gas as reserved by Willis Kissee and Eunice Kissee in deed
recorded December 6, 1963 in Book 354 Lt page 462, and any and all interests therein or assignments thereof-
11. Reservation of an undivided one-half interest in and to all oil, gas and minerals in and under said land, as reserved by
Charles A. Wear and lda E. Wear in deed recorded December 30, 1963 in Book 355 at Page 107 and any and all interests
therein or assignmenis thereof.
12. Reservation of an undivided one-half interest in and to all oil, gas and minerals in and under said land, as reserved by Karl O.
Larson and Hazel R. Larson in deed recorded October 4, 1973 in Book 450 at Page 326 and any and all interests therein or
assignments thereof.
13. Easement and right of way for the Connally Ditch, the Haggerty Enlargement of the Coryell Ditch and the Larson Ditch,
insofar as they may affect subject property.
14. Easements described in deed recorded May 17,1978 in Book 510 at Page 34.
15. Utility easement 20 feet in width, road access easement and easement for ingress and egress as described fin Deed
recorded May 25, 1978 in Book 5'10 alPage 441.
16. Terms, conditions and all matters set forth in instrument recorded January 10, 1992 in Book 821 at Page 340.
.l 7. Terms, conditions and all matters set forth in Garfield County Resolution No. 92-015 recorded March 5, 1992 in Book 825 at
Page 125.
18. Easements, rights of way, notes and all matters set forth on the Huber SB-35 Exemption Plat recorded March 13, 1992 as
Reception No. 432547.
.l 9. Easements described in instrument recorded March 28, 1996 in Book 971 at Page 991'
20. Terms, conditions, easements and all matters set forth and described in Easement Agreement recorded March 28, 1996 in
Book 971 at Page 988.
21. Easement and right of way for County Road No. 245, insofar as it may affect subject property.
22. Anyquestion,disputeoradverseclaimsastoanylossorgainasaresultofanychangeintheriverbedlocationbyother
than natural causes, oralteration through accretion, reliction, erosion oravulslon of the centerthread, bank, channel orflow
of waters in East Elk Creek lying within subject land; and any questions as to the location of such center thread, bed, bank or
channel as a legal description monument or marker for purposes of describing or locating subject lands.
NOTE: EXcEpTloN(s) 1. 2. 3 & 4 W|LL NOT APPEAR lN THE OWNER',S POLICY TO BE ISSUED HEREUNDER.
The Owner,s policy oi fitte f nsLrrance committed for ln this Commitment, if any, shall contain, in addition to the ltems set forth in
Schedule B - Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in
patents or in Acts authoiizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
American Land Title Association Commitment
ScheduleB-Section2
Form 1004-12
INFORMATIONAL NOTES
This is to advise that GoMMoNWEALTH TITLE TNSURANCE COMPANY makes available to its prospective insured
owners, in conjunction with their CoMMoNWEALTH TITLE INSURANCE COMPANY policy covering a single family
residence, including a condominium or townhouse unit, protection against mechanics' liens. This protection is not
automatic nor given in all cases, but is subject to the Company's underwriting requirements, and does not cover those
liens which ariie out of work contracted for or entered into at the request of the insured owner. These underwriting
requirements include, but may not be limited to, the following:
1. Receipt by the Company of agreement(s) indemnifying it for any loss resulting from its granting of
tien pioteition, executea Oy tne seller, contractor or others who might have incurred debts which
could result in mechanics'liens;
Z. lnformation concerning the solvency and whereabouts of the parties set forth in ltem No. '1, possibly
including financial statements;
Evidence of payment of any bills which might have been incurred for work done on the property,
depending upon the length of time elapsed since the last work was completed and what remains to
be done;
ln the event of extensive recent constructions, whether on all the improvements located upon the
p:'cperty or not, aCditicnal items required rnay incluCe: (a) the Cornpany's 1'-ar.rier.r,r of the o\"ner's
and/or builder's history relative to construction projects previously completed or presently
under construction; (b) review of the construction loan agreement if applicable; (c) review of any
performance or materialmen's bonds concerning this construction, if applicable; (d) payment of
the appropriate charge for mechanics' lien protection during construction, if applicable.
This is also to advise that, pursuant to Regulation of the Colorado lnsurance Commissioner, every title entity shall be
responsible for all matters which appear of record prior to the time of recording, and subsequent to the effective date of
the commitment, whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed. This does not include those matters created,'suffered,
assumed or agreed to by the insured. The prospective insured is advised to inquire of the closing entity as to whether
it is an office of COMMONWEALTH TITLE INSURANCE COMPANY or is an independent agent which will be the
responsible entity relative to the closing only.
NOTICE
lf Schedule B of your commitment for an owner's title policy reflects an exception for mineral interesis or leases,
pursuant to CRS 10-11-123 (HB 01-1088), this is to advise:
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from
the surface estate and that there is a substantial likeiihood that a third party holds some or all interest in oil,
gas, other minerals, or geothermal energy in the property; and
That such mineral estate may include the right to enter and use the properry rvithout the surface owrer's permission.
Pursuant to Senate Bill 91-14 (CRS 10-11-122) Notice is hereby given that:
a) The subject real property may be located in a special taxing district:
b) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the
County Treasurer's authorized agent;
c) lnformation regarding special districts and the boundaries of such districts may be obtained from the Board of
Couniy Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A Tax certificate wiil
be ordered from the County Treasurer by the Company and the costs therefore charged to the proposed
insured unless written instructions to the contrary are received by the company prior: to the issuance of the
Title Policy anticipated by this commitment.
3.
4.
a)
b)
COMMITMENT FOR TITLE. INSURANCE
li
I
I
I
I
I
I
i
rssuedby Commonwealth Land Title lnsurance Company
El\ LandAmericaEl Commonwealth
Connonwealth Land Ttle lnsurance Company is a member of the LandAneica fanily of tille insunnce underuriters.
Commonwealth Land Title lnsurance Company, a Pennsylvania corporation, herein called the Company, for a valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed lnsured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or
referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and
B and to the Conditions and Stipulations hereof.
This Commitment shall be efiective only when the identity of the proposed lnsured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall
be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company.
tN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal
to be hereunto affixed by its duly authorized otficers, the Commitment to become valid when countersigned by an authorized
officer or agent of the Company
COMMONWEALTH LAND TITLE INSUBANCE COMPANY
atte"t,//. &rJ* 1.2r,*\a^,f A AW
U president
Secretary
Conditions and Stipulations
'l . The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. lf the proposed lnsured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or inierest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. lf the proposed lnsured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shail not relieve the Company
from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed lnsured and such parties included
under the definition of lnsured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. ln no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed lnsured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed lnsured may have or may bring against the Company arising out
of the status of the title to the estate or interest or the status of the morlgage thereon covered by this Commitment must be
based on and are subject to the provisions of this Commitment.
PA3
ALTA Commitment - 1966
Cover Page
Form 1004-8 '. -OFIGINAL \.-.,,
Gommonwealth Title Gompany
of Garfield Gounty, lnc.
127 E.Sth Street/ P.O. Box 352
Rifle, GO 81650
(970) 625-3300 Phone
(970) 625-3305 Fax
Date:
To:
July 7, 2004
Specialty Restaurants Corporation
8191 East Kiser Blvd
Anaheim, CA 92808
Thank you for your order.
Enclosed please find the following
in connection with our File No. 0401045-R:
n Commitment
g Title Policy
tr Endorsement
tr Tax Certificate
tr Other
POLICY OF TITLE INSURANCE
SCHEDULE A
\mount of lnsurance: $295,000.00
Premium $822.00
Date of Policy: June 22,2004 at 7:59 AM
1. Name of lnsured
Specialty Restaurants Corporation
Policy No. A60-20{6101
File No. 0401045-R
2. The Estate or interest in the land described herein and which is covered by this policy is Fee Simple
and is at the date of Policy vested in:
Specialty Restaurants Corporation
3. The land is referred to in this policy is described in the said instrument, is situated in the County of
Garfield, State of Colorado, and is identified as follows:
A parce! of land in the SE1/4NW1/4 Section 25, Township 5 South, Range 91 West of the 6th
Principal Meridian being more fully described as follows:
Beginning at the North Quarter Corner of said Section 25, thence South 11"45'29" West 1546.23
feei to a point on the Southwesterly right of way of County Road No. 245 THE TRUE POINT OF
BEGINNING; thence along said right of way the following courses and distances: South
11"12'52* East 113.00 feet thence 221.39 feet along the arc of a curye to the left having a radius
of 59{.539 feet and chord of which bears: South 20o23'O7' East 22O.44 feet; thence South
29.33'25' East 350.91 feet; thence 76,24 feet along the arc of a curue to the left, having a radius
of 349.99 feet and a chord of which bears: South 35o47'50" East 76.09 feet to a point on said
Section 25 North-South centerline; thence Ieaving said right of way and along said North-South
centerline South OO.O2'00" East 416.62 teet, the center of said Section 25; thence leaving said
North-South centerline and along East-West centerline South 89o{1'40" West 436.05 feet to a
point in East Elk Creek; thence leaving said East-West centerline and along lines in East Elk
Creek the following courses and distances: North 11"18'50" West 124.86 feet; thence North
32o45'30" West 112.71 feet; thence North 52"22'14" West 17{.59 feet; thence North 17"24'50"
West 250.85 feet; thence North 79o15'48" West 165.05 feet; thence North 34o48'38" West 77.46
feet; thence leaving East Elk Creek North 69"49'21' East 168.88 feet; thence North 46020'37"
East 492.37 feet; thence North 63o36'01" East 120.00 feet to THE TRUE POINT OF BEGINNING.
ALSO KNOWN AS
Parcel A of the Huber SB-35 Exemption Plat
Recorded March 13, 1992
As Reception No. 432547
Countersigned:
Authorized Officer or Agent
jg
,{M 1 PA 10
ALTA Owner's Policy (10-17-92)
Form 1'190-2 Schedule A
Policy No. A60-2016101
File No. 0401045-R
SCHEDULE B
l-his Policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and
inspection of the premises would disclose, and which are not shown by the public records.
4. Any lien, or right io a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof.
6. Taxes and assessments for the year 2004, not yet due or payable.
7. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or
int6rsect the'premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United
States, as reserved in United States Patent recorded October 22, 1890 in Book 12 at Page 63.
g. Reservation of one-half of all minerals and mineral rights including oil and gas as reserved by Willis Kissee and Eunice
Kissee in deed recorded December 6, 1963 in Book 354 at Page 462, and any and all interests therein or assignments
thereof.
10. Reservation of an undivided one-half interest in and to all oil, gas and minerals in and under said land, as reserved by
Charles A. Wear and lda E. Wear in deed recorded December 30, 1963 in Book 355 at Page 107 and any and all interests
therein or assignments thereof.
1 1 . Reservation of an undivided one-half interest in and to all oil, gas and minerals in and under said land, as reserved by Karl O.
Larson and Hazel R. Larson in deed recorded October 4, 1973 in Book 450 at Page 326 and any and all interests therein or
assignments thereof.
12. Easement and right of way for the Connally Ditch, the Haggerty Enlargement of the Coryell Ditch and the Larson Ditch,
insofar as they may affect subject property.
1 3. Utility easement 20 feet in width described in deed recorded May 17 , 1978 in Book 510 at Page 34.and in deed recorded May
25,1978 in Book 510 at Page 441.
'14. Terms; conditions and all matters set forth in Garfield County Resolution No. 92-015 recorded March 5, 1992 in Book 825 at
Page 125.:
15. Easements, rights of way, notes and all matters set forth on the Huber SB-35 Exemption Plat.record.ed Jt4arch 13, 1992 as
Reception No. 432547; except those easements extinguished by deed recorded March 5, 1996 in Book 969 at Page 205 and
in deed recorded Maph 28, 1996 in Book 971 at Page 990.
16. Easements described in instrument recorded March 28, 1 996 in Book 971 at Page 991 .
17. Terms, conditions, easements and all matters set forth and described in Easement Agreement recorded March 28, 1996 in
Book 971 at Page 988.
18. Easement and right of way for County Road No. 245, insofar as it may affect subject property.
19. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other
than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow
of waters in East Elk Creek lying within subject land; and any questions as to the location of such center thread, bed, bank or
channel as a legal description monument or marker for purposes of describing or locating subject lands.
Exceptions Number N/A are hereby omitted.
American Land Title Association
Owner's Policy Schedule B Form 2005-47
7zr
11:12A PG t oFr REC m
A},ID RECOTTDER 6.00MUNTY CLERK
s't'A't'D oI COLOIIADO
COUNry OF GARF'IELD
Tlre foregoing iusnureur was acknowrerrged befote $eilus 2?/ day of March, 1996by Walter lluber ald Viola L. tluber.
'rhe riglrts arrd obligatious of the Graulors ald Grantees with respect to ihe saitl eflscrueutsale es set forth ilr that Easetuertt Agreeurorlt ofcven datc lrerewith, urude by crallor aud Grlrrtee arrdrecordedirr look llLrtpnge 18t (recepriorr Nu"'ber' y'?rtri -
i-il, L" om"" of rhe GurfietrlCorurty Clelk uud Recotder.
Sigucd this 2.2 ,rl day of March, 1996.
}J3T
.i i, r.)' ;;
GNANT DffD
wALlERl{uBEr(aud vlor.-A L. HUBE& whose address is l?93 corurry Road 245, New
!1{1-Cotorado, for good aud valuable cousicleration, hereby grarrt arrd couvey ro ROI}Elt-1. C.EANES AND BARBARA L. EANES, TRUS'TEES UNDER 11{E COMMON REVOCABLETIIUS.I'ACREEMENT OF ROBERT C. EANES AND BARBARA L. ITANES DATID[E_I]RUAIU'?0, 1995, wLose address is 16?9 couuty Road 245, New castlq colorado 8164?, thefollowiug described oaseotcut:
An easoure[t for the purposss of coustrucrirrg, mriutaiuitg aud usirg r roadway for iugressartd egress, fol ilsalling aud mai,tailirrg utility siivic,e.s, aua ioi irri;-f; ditch aud rlraiuage
Ptu}oses' on, aqoss aud utdcr a strip oflalrl 30 feet iu witlth situated iu rhi sEU+NWl/4 of Sectiin25, l'owrrship 5 Sorrth, Itauge 9l West of tte Sixtlr Priucipal Mericlian, cnrtieu corurty, colora4o,said strip oflaud bei[g 15.0 feet to cactr sidc ofttre fo[owing describea ceuterli^e:
- Begtrruiug at the center euarter comer of said sectiou 25, a l9g? brass cap, L.s. No. 14060l'oturtl i[ place; tharce s- 89' llq0" W. aloug the East-Wesr Ceulerline o[said Sectiou 25 1s.00 feetto the..True Poiut of Begirruing thencc ttre louowlng courscs and dislauces along said easeule.tccnlerlfute: N' 00"0200" w' 219.54 feet; ilreuoe l3s.?7 feet aloug {re aro of a "urve to thc tefl havirrga radius of324,98 feet aud central rrgle of 24o2g,00',; theuce fu. 24dj0,00, w, 300.00 feer; rheuce198'75 fe€t aloug tlre alc of a ourve to tLe leII haviug r rarlius of 990.24 tEet,a sertral arrgle ol.I I '30'00"; theuce 7 1.26 feet alortg the alc of a .,,,v" ro the liglrt lraviug a radius of 42.09 feet arrdcurtralartgle of 97o0o00" to a pofurt otr the soutlrwcstelly dglil-;Fway lirie oiCaLncltl couury ltoatlNo. 245, the poilrt of terurinatiou.
['lds easerneut is for the benefit ofand appurteuant to that land, or luy part thereoq situnteiIr GarEeld Courtty, Colorado, described a* rl," NEttcsWI/4 of Secrioll 25, .lbwrslip 5 South,lUruge 9l West of tlrc Sixth l,rirrcipal Meridirrr
Wituess rny hand tud official sea[:
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Together t'1th arl vater and vater rr*hts, ditches and drrch rrShts appurrenantto-or uscd upon eald real property fncf"itng bu: not necessarily li'ttcd to{1) e.2/23.8 share (approxioaie}y g.S per cinr) of rhe O.B cfr irt of prlorttr/No. 145 A ryarded rhe Haggarty E.I..g*r"nt of itrc Coryell Dtrchi and (2) 1,00cfs of lrtl8alLon satcr our oi the Llrson Dltch auardeil 1n Boter Caee tio. f31 loL'at€r Dlvlstm ifo. S, Srate of Coloredo. All vatcr end dltch rlEhts are conyeycdvithou! covenantr of Git1c.
Ttillillt':R FITII on coa&nt for lngrcsa and cgrcss ovcr thc follwlngdescrlbed parcer: A strip of iand 2o fecl {n sidth ro bc used ar rroad access eaEcnent rltuated 1n thc SEI/4s.*llA of Sectfor, :f,-ir*"f,fp5 south, iange 9l tese of rhe Slxth piii"ip"i'uurldlan, belng IO feer oaeccir slde of tha foll*rlng descrlbed .*a.r1L..,
Be3inolng at the Southcasr corner of 6€id SE1/4ha'f/4, thence S ggrllr{On1,,,.10.o0 feet aton; the Soucherry trne oi "iia iriiariflil;-;; ; pir.i Jaeald ccnterlln€: rlrence-r{ 00.02'bo,,lJ, 314.2i feer arong .iiallii.r_-llnel thcnce { f7.S6r07r H, lg9.13 f".. if"it said centerllnel thencc n07'1{r0o" u, 49.00 feet along "rra ".nieiirr!;'th"nce N 19.42.00. u-59.00 feer alons eald cent"rilr*; th€nce !t 2o;2;;;;;-,r- ii.ii iI".-I""ssaid cencerllnei rheoce N-22.57'60', w, 76.0O-flet along satd centerllne;:h"::t^I 37'r8!00" v, 91,00 feer aloni "iia-""it".ttne; rhence N 4s.i6,oo,ll^l].9!,1"". along ea1d. centserlrnel it"i"" i-ie.st;oo;, ;; S;;d ;..;-aron8 sald cei.terl.lne; thence :{ 60.06103" E, 75.OO feet, uore or Ir.i.to a polar oo tlc iJesterly rrghr-of-uay troc of couacy itoad tio. 245. -
E\HIBIT ONE
The liEtS,i[r, Scctlon 2S_ TMAht. ( a^..]L,.,iaiil,'l"I;:;il*-i;.;;T:lI,rj::.}; I:::: ,, uee r of tlrc srxth Frrncrprl
Togcthcr vlth r uttllrv-ctscmnr 20 feet tn pldth lylng Southerly of the Hesterlybouadary tin€ of carfrerd c;;;;;;.;'N".'ili^"na being l0 feor it ilt potnr.llesterly of thc Eaet line of tr,l iiiv*t-.r-Jiro so"tioo 25, cald ca.€sens belnSrore partlcularlv dcscribcd as fottous: roginnr.g at the southca't coroer of abrsEl',,'ft of satd scct ron 25, rhence-i. -;;"li;io;;
.u., ro.0o feer Bron8 thc south€rlyllnc of said s'''r\l{t to.. pornr oo lhe cenrerllne of 6a,d utr.tlty e.6e&en!r thenccu' 416'62 f"*t ,long-sirJ ."iilrir". to a por't on tha .,e'terry rr,,hr-of-uay tlae of eald Couty Roed.
Together slth ' 8rrlp of.land 20 feet rn utdth to ba Eed as a road ecce.a eascoent.betnB r0 fcet oo each side.of-th€ folrostna J;scriueo ceDt€rlrne! BeE,tnn{n8, at th.Soulh€ist Corner of rhe sE,}r\Irt of sald S""ii"" 25. thence S, gg.Il!40* g., IO.OOfeet alotrg thc sosthcrly lInc of ""ia sif.lf.t-t.5 point on rh€ c€ntcrlloc of srld
1oa!_11ggne1r, belng rhe rrue poinr of begfnnl.ng oi satd centerliae;-thenceIt. 00'02'00" v. 314.25 feer atoag "rfa """i"iirne; ihencc N. 37.56,0?. H. 189.33 fe.r-11"iq-:iid centerlinp; thcnce !i. 07'14'oo'{i.oo fce! arong satd centerltn"; tb€nceN' l9142t0oo H. 59'00 fcet along "atd cenretiine3 rhence !i. 26.25r00,, H. 92,00 fccralong said centerline; rhence N] 22.Sl,OOt !r. 76.00 flet along sald centerllneithcnce l{. 37o18'OO" W, gl.0O faec along sald centerllnei rh€nc€ N. 45.36,00* u.57.00 fcet along said ccnterlin€; tlrenie N. fA.St;OOr H. S6.OO-f;.. irong srldcenterlin€i thence h'. 05t45'00'r E. 82.OO feet along satd cent.rlii.;-tt"n". n.10'33r00" H. 86.00 fe€r alon8 r"fd ccntcriin.; tt"n"..r-. 07'l9rgg.r $. 97.00 feetalong said centcrllnel rhence S. 13.50,00,'lJ. 5j.00 fect slong Enld ccnterllne;
84.00 feet alonE said cenrerline; thence ti. 23.46,00., ,. i'il;;"rl;.t:;::;':"r:'centerllnei cheoce:r. ro'37'00" i{- 32-00 fecr along sai.a ceni"rtin" ii " polrr 1trthe center of an existlng lane; thcnce N. 6coo6'03; e.-o:.oo i..i"io e potnt on ttrc|estlrly-Jrgh!-of-vay ll::-:.t iatd county Road, vhence the liorth euarrer corner of Ealdsecrion 25 bearr; t{,19.57.53.. E. 12l2.Ol fecr^
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EA.r"ES
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STATEOF COLORADO
Couuty of Garl'rcld
)
)ss
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AtaregularmeetitgoftheBoardofCountyCommissioncrsforGarFleldCounty'
colorado, held in the commission# ue"tiog Roonl Garl-retd county courthousc, in Glcowood
SpringsonuorrdaY,ruE2n4gfl{ardl---A.D'19-92.llrerewatprescnt:
:H","JI'tftr*'
ch,-rek Deedreneg ' Couuty Administrator
\ wheu the following proceedings, among others were had and donq to'wit:
RESOLUTION NO. 924Ui-
,AREsoLUTIoNCoNCERNEDWITHGRA}ITINGANDGMPTIoNFRoMTHE
GARFIELDCoUNTYsUBDIvIsIoNREGULATIoNSFoRWALTERHUBER.
WHEREAS,WalterHuberpetitionedtheBoardofCountyCommissioocmofGarfrcld' County, Colorado, for ao ercmption'from the del-rnition of the terms"zubdivisioo" and "subdivided
land' under c.R.s. 1973, 3G28-l0I 00) (a){d), as aoended, and the subdivision Regulatiors of
Garfield County, Cotorado, adop;l;ptil'i3, tgt+, Sectioo t:00 through 8:60 and forthedivision of
. ? 19.34 acre tract as described in nook 5i0, Page 441 , as fited in rhe offices of thc oerk and Recorder
ofGarfr"iaC*t,V, Colorado, into r*" p-t 6"f approximately 12'77 acrtsagd 6'57 acreseach' morc
or less, \rti"n ,t"lroposed small tract is mo.e practically described as follows:
Lot l: See Attached
Lot 2: See Attached
t (in the State of Colorado and the County of Garfield); and
WHEREAS, the petitioners have demonstrated to the satisfaction of the Board of couuty
commissioners of Garfield cor"iy, coiorado, that the proposed division does nol fdl within the
purposes olpart l, Article zs, rirre ro, cotorado Revised statutes l9?3, as amcndo4 for the reason
thatlhedivisioudoesnotwalTantfurthersubdivisionreyiew;and
WHEREAS, the petitioncrs have demonstrated to thc satisfaction of the Board of Couuty
comrnissioners of Garfietd cornt, colorado, that therc is a rcasooable probability of locating
domestic water oo each of said p"Gir, that ttrerc is existing ingress and ceress t! saif oarcels' that the
location ofseptic tanks will be permitred by the Colorado Delartment of Healtb.' that thc requested
division 'rs not partof an existing or larger devetopmcnt and does not fall within the geoeral purposes
and intent of the Subdivirioo n.grr"iiln, of th" st"te of Colorado and the county of Garfield' and
Dotr 825 ructlt6
should, thcreforc, bc exemp(ed from the deltnition of the terms"subdivision" and'suuivided land'
*."t iortl in c.R.s- l9?3: 3C28-101 (10) (a[d)' as anrended;
NowTHEREFoRE, BErrREsoLvED that thedivision of the abovedccribed paroel "1"
aud "2,, from the
"Uore
O"GUca rS.f+ acre ract is hereby cxcmpted trom such definitions aud may
be conveyed in the lorm oirucn p**r nI" aEd "2" as is morc fully dcscribed above and that a coPy
of the instrumeot or instrunents of "oor*y*.e
n'i"o 'oo'A"a
shall be fded ,,ith rhis Resolutiou'
px16d th.is -m-day of -{+rch ' A'D' l9-2?-'
GARFTELD COUNTY BOARD OF
COMMTSSIONERS, GARFIELD
COUNfi, COLORADO
G
UponmotiondulyrnadeandsccondedtheforegoingResolutioowasadoptedbythcfollowing
ATTEST:
vote:
\
)
)ss
)
L,JCouutyoerkandex-otficioClerkofthcBoardofCounty
CorsEissioners, in sxd for thc County and state aforesaid, do hereby ccrtify that the aruexed and
foregoing Resolution is truly copied from the Records of the Proceeding of the Board of county
coJuJioo"rs for said GarFreld County' uow in my offrcc'
INwITNEssWHEREoF'tbavehereuntosctmyhandandaffrxedthesealofsaidcouoty,
at Glenwood Springs, this
-day
of ' A'D' 19-
Couoty Clerk and ex-oflicio Clcrk of the Board of County Commissiouers
Arnold L- Baclde{, . -' -' A}€
EfuEr (.Buckevl A+banry - -' ' AYc
ur.i* f-,s"ftn . '' - " 'A)E
STATEOF COLORADO
Couoty otGadield
---
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PAncEL ^ loffi 825 plcEl?7.
A parcel of lanC in rhe SE l/4 Nw 1/4 Seciion 25, Township 5Sourhr l{anqL. rl Wusl ctf, ?he Sixrh principal Meridian belng morefully derrcriLred as follor"rs:
Bcglnninq al rhe Nr)rth Ouarier Corner of said Section 25r rhenc€S. llo.i5'29" w. 1545.23 feer ro a poinr on the sourhwesre.rlyright-of-way of Counry Road iio. 245 rhe true poinr of beg.inningithenct'alonr; sai_9 right-of-way rhe following courses anddi srances: S. I lo 12, S2" E. lll.00 feei, rheni-e 221.39 feeralonq the arc of a curve ro rhe lcfr-, having a radius of 691.539fet.t arrC chord of which bears: s. 20o 2j, OT,, E. 220-44 f eet irh,rnce 5.29(i l3'25" 1:. ]50.91 feeri rhence 76.2{ feet along rhearc o[ a curve ro fhe lelr, lravi.ng a raciius of 349.99 feet and achord of which bears: s. 350 47'50'E. 76.09 feet ro a poinr onsaid Secrion Z5 Norrh-Sourh centerljne; rhence leaving sal<Jright-of-way arrd along said Norrh-South cenrerline S. 0Oo 02, 00"E. 4r6.52 feer, the cenrer of sai.d Section 25i thence leavingsaid North-South Centerline and along fhe Easr-West centerline S.89o ll'40" t1. 436.05 feer to a point in Easr Elk creeki.rhenceleavirrg said East-West centerl irre and along Iines in Easr ElkCreek the following courses and dl.stances: N. llo 19. 50" tf.124.86 feer; rhence N. 32o 45'30" W. Il2.TI feer; thence N. 52o2z', 14" r{. 1?1.59 feet; r hence N. tio zq, 50" !{. 250.85 feet;rhence N.79o lS' 48" W. 155.05 feer; rhence N.34o 4g,3g" t,,,.77.46 feet; thence le,aving Easr Elk Creek N, 69o 49. 21" E.t68-88 f eet; the::cr. N. 46o 2O' 17" E. 492.37 fer:t; thence N. 63o36'01" E. 120.00 feet to the true poinr of begi.nning. Saidparcel of land contains 12.77 acres more or less.
PARCT:L B
A parce) of land i n rhe NE 1/4 tiw 1/4 and i n the SE 1/4 NVt 1/rl ,Seciion 25, Township 5 South,. Range 91 west of the SixihPrincipal lleridian being more fully described as follows:
Beginqing at. the North Quarter Corner of said Secflon ?5, fhence
S. t1u {5'29i t,r. 1546.21 feer to a poinr on t-he southwesrerlyright-r:f-way -(rf County Road no. 245i f.he true poinf o.f beginning;thence S- 6lo f6'01" t{. 120.00 feer; rhence S.460 2O'l?" w.
492.17 fselt; thence S. 69o 49' 21" rll. 168,88 feet to a point inIjast Elk Creek; thence along lines in.East Etk Creek the
f ol lowing courses and di st'.ances, N. l0o l5' 22" E. 222.7J f eet ttnence N- 3lo 48'27" 1{,208-68 feet; thence N.2Eo 2?',36" W.
54.19 fe,.'ti thence leaving said liast Etk Cret,h N. 55^o 4l' l9n E.85.29 ft:et along a lane i.:nterlinei thence N. 6Oo 06'Ol" E.
661.57 fe€t along a lane centerline to a point in the sourh-
i"resterty right-of-way of County lto.]d no. 245; thence leavlng said
lane and along saici riqht-of-way the t6llowing courses and
di.stances: 85.22 feet along lhe arc of a curve to the t'i9ht,
hav rng a radi us of 622.18 f eet ano clrord of whi.ch bears: S. 15e
O8' 11" 8. 85.15 feet i thence s. l lo r2' 52" E, 290.9I feet to
the true poini of beginning. Saicl parcel of land coniains 6.17
acres m(lre or less.
\
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IE,
B0or 825 pr0EtZS
\LEGAL OESCRIPTION OT tIlRU ACCESS IN PARCEL A
A strip of land rhirly feFr.ll "i1t-h for tlrc [)ur['osr' of access'
<.l roinaqe arld ir.,nttion Oitch easemenl ' beifl'l l5 f t'et on edch
:ride of th': totl"tli;;1;t-.';ii"i ".."tr'rline' Beginninq sr the
sourht'ast cellrer "i"t'il"-iii-ii; Itli -ll4 <tt said secr ion 25r rh+nce
along rhe Soutrr tine"-of said sE 1/4 Nw l/l' s' 89" lI"l 0n 1{'
15.u0 (r(:r 'o ' ro'i ;; i; t-# ceni"rtine o( sairi easenrent; lhence
trle f'llovring c-ou.s"s ana dista,rrcos alolrg said itasrrm('nt
,,1]i,"ri'i,i""i,,.'oOd-Oi',- Ot,;; w. 219.84 feet; thence 118,77 {,'et'
; t;";-in" o.. ot a c-,r-.ve io tle t.t f:,,ni;:i:"" nttliB= Jll li;'?r:;;;;l a cenr tal ansle or 2-4o .28'. o
100.00 feet; thence 198'75 feet alonq the arc o[ a curve lo rtre '
tert,havinqrr"ii,;-;iigo'zqr"etl;';;i;"i-anq.t-eoflro3or-''O0"r thence 77.26 i".t ulong the arc of a crrrve to the right'r.'
having a radius of 42'Og feei' a ceniral anqle of 9?o 00' 00' to
a poinr on t lre =outft',*u'i"ity iignt-of -way of Couniy kuad No' 245'"'
tfre point of termination'
\
490806 B-971 03/28/98 1l: tlA Pc
IEJ N MJNTY CI^ERK
?s
I
AND
oFl
REOORDER
REC DOC NOT
6.00
'?T {;'l i':t-)-f 5- 4;f
@dayofMarch, 1996.
Revocable Trust Agreeoreut ofRobert C-
Eues aud Barbarr L. Eaues Dated February
20,1995.
Revocable Trust Agreement ofRoben C.
Eaues and Barbara L. Earres Dated February
20,1995
STATE OF COLORADO
COUNTY OF GARFIELD
OTNT CLAIM I}E
"N
R0BERT c. EJqNES AND BARBARA L- EANES, TRUSTEES UNDER Tr{E coMMoNREVOCABLE TRUST AGREEMENT OF ROBERT C. EANES AND BARBARA L, EANES
DATED FEBRUARY 20, 1995, whose address is 1679 County Rood 245, New Casrle, Colorado,
for good and valuable consideration hereby selt and quit clairn to WALTER'HUBER aud VIOI-A L.HUBE& as joint teuauts! wtoso address is l?93 County Road 245, New Castle, Colorado E1647,tle followiug real property located iu Garfield countn colorado, to wit:
Par-cel-A. A snp of land 20 feet iu width to be used as a road access easeluent, beiug l0 feet on
each side ofrhe following described centerline:
Beginning at the Southeast Correr of thg SEI/4NWI/4 of said Sectiou 25, thence S.
89o11"40" w, 10'00 feet alongtlo Southerly line of said sEl/4Nwl/4 to a point ou the centerlineof said road easernelt, being the true point of begiuning of said ceoterlioe; thence alolg sairl
ggntertine t$ followiug courses and distances: Nt 00i02,,00, w. 314,25 fcet; thence N. 3?"56'07nw. 189.33 feet;thence N. 0?o14' 00' w. 49.00 feet; theoce N. 19"42,00, w. ss.oo feet; theuce N.26"25'0on w. 92.00 feet; rhence N. 22o57'00" w. 76.00 feet; thence N. 37o 1g,00, w. 91.00 feet;tharce N. 45"36'00" w. 57.00 foet; theuce N. I8"51'00, w. g6.00 feet; theuce N. 06.45,00{ E. 82,00feet; thence N. l0'33'00tr w. g6-00 feet; rhence N. 07o39'00, w. 97.00 feet; thence N. 07.3g00'w- 97-00 fe*; tlreuce N. I 3'50*00' w. 53.00 feet; thence N. l i o26,00, w. g4.00 fbet; thence N.23"48'00u W. 97.00 feet; theoce N. t0o37'00u W. 32.00 feet; thence N. 60e06,03" E. 62.00 feer toa poilu otr lhe westerty right-oEway linc of Garfield County Road No. 245, whence the North
Quarter Corner of said Section 25 bears N. lgo5TS3u E. 1212.03 fcet.
lT|"lB A strip of land 20 feet iu width, used as a road access easemetrr, situated in rheSEi/4Nwl/4 of Seaion25,-T-ot*$b 5 Sour\ Rarye 9l We$ ofthe Sirh kincipal Meridiau, beingl0 feet ou each side ofthe following described cenierline:
Beginning at the southeast corner of said sEl/41.{\ry1/4, thenoe s, gg. I1,40, w. 10.00 feettloog.the Southerly line of uid SEI/4NWI/4 to a point ou said ceuterlinq the true point of
legfurdng; thence along said centerline the following courses aud distauces: N. 00"02.00, W. 314.25feet;thenceN.37"l6'0? w, 189.33feet;rhenceN,07.14,00"w.49.00feet;tharceN. r9.42,00,w.59.00 feer; thence N. z6'2s'00" w. 92.00 feet; theuce N. 22"5700, w. 76.00 feet; rheuce N.37o18'00n w. 91.00 feet; rhence N. 45"36'00" w. jz.Oo feet;theuceN. rg"jl,00, w. g6.00 fea;thence N. 60"06'03' E- 75.00 feet, more or less, to r pofut ou the westerly right-oflway line olGarfield Couury Road No. 245.
The foregoing bsilunenr was acknowledged before rre * /.f 3L
day of March,Robert C. Eanes lnd Barhcrr f Foncc o-o 'l'Erd-^^ rrsr^- .r ^ * . .
Agreement of Robert c- Eanes aad Brrbara L. Eanes Dated February 20, 1g95.
*lil$Yr'tul$'fi {. om"iat se' t'
.=ii.i ru oi a n v',P,{._-,
a+,i,.:.iffi
4S0805 B-971 P-S88 I OF2 REC MC
A}iD REMRDER 1I. OO
fD
/28/% 1l:O9A FG
MI.D{TY CLEffi
t
Vft
t
ttlx|'{-l
I]ASEMENTACRI]EMENT
?}IIS AGREEMENT is nterte tt* 2L!l^yof March, 1996, by urd between Wslter Huber
aud Viula L. Huber ("Flubers") aud Robert C. E,aues arrd Darbara L. Earres, f'rustces uudcr the
Cortuuotr Rwocablc'l'rust Agteemeut of Robert C, Eaues arrd Darbara L. Eanes rlated February 20,
1995 ("Eaues").
RECI'I'ALS
Ilubers and Eures entered ilto an agreeheirt (tLe "First Ageernart") pwsualrt to which Eands
would cor\cy to flubers cetlaiil flccess easements which burdeled IluberS p.op*.ty and rvhiclr lvereowrlcd by Ealtes, aud flubers would recouvey to Eaues Bn access "ra.r,.ur ZS feel fur sitlthurvelopilrg the existiug roadrvay used by Eares as their drivcway. f'lre wi<ler access easerDent was
lle0essaly because Eales desfued to tlivide their property into lwo parcels, nntl Garlieltl Cirunty
lequired au access easerueut which was wider thau the ole which had origiuaily beeu deerletl to Mi.
atttl Mrs. littes. Eanes wele [o retnirr ur existiug 20 foot ulility elseruenr, au,t ttr" rlced li.onr I luber
to Eaucs was to colfum that.
The First Agreemeut indicated t}at the access easefileut would be nou-exclusive. T]re
easelnerlt could thus be used tly llubers aud their successors and assigus, and by Eanes and rheir
$lccessors artd lssiglts. The Agrceurent did uot, however, artdress allocatior of oost of auy clnnges
to the existiug roarlway or lhe cost of maintetrauce of tlre roadway.
Alter tlre F'irst Agreemeot\ ,igrr.a, the parties subsequeutly discovered that {uring the
l)rocess of subdividiug Huberd propbrty, IluLrers crealed a l0 firut wide easemelt flcross rLcir
I)l'opelly fol tlre puqlose of providirig nccess to the ERnes prcpefly arrd l'or other pur]oscs as
described on the plat which descdberl and defined tlre subdivisior (tlre lhrber Exerupiion lrlat
tecorrled as lteception No. 432547 in ths olfice of the Carfieltl Couury Clerk aud Recorder on Mrr.ch
t3,1992).
'Io avoid cortfirtiOn alrorrt what easeuurts exist aud lry whour such easemeuts are orwed, the
llubers lrave uow agrecd [rat (i) Eales will quitolainr to Hubers all of tlre riglrt title aud iuterest Erures
llow orur iu eilselue[ts crossirg the Hubers propcrty, except the 20 ft. rrtitity easeDteut, w.lristt Eanes
will retairr; (ii) I'lubers will couvey to Eaucs tle 30 tt. easerneul rlescribeel on the Huber Exeurptiolr
l)lirl; and (iii) tlre cosls of tluintafurilg ald inrprovilg the access enselrrcut shall be ollocated aruolg
tlro prlries as is hcreinn0er ser fot.th:
NOW, 'I'[I[REFORE, irt consideratiou of the prernises antl for other good and valuable
cousider'atiott, tlre rcceipt artrl sullicieucy of wLiclr is teLely ackuowlerlged, llubers aud Eaues agree
as follows:
l. Eaues will quitclaitr to llubers all right ritle sud irlterest Eanes owrr iu the access
easErneuls which l.rurtleu }luberd lald for the benef t of Eaues, as rtescribed iu rhal Deed fronr Sidney
Miller to lkbert C. Eatres and llarbara L. llaues dated Mny I 5, 1978 aud recorderl uray I 7, l9?g i;I'look 510 nt Page 32 irr tlre <lllice ol'the Garlield Coturty Clerk arul Recorder. Eanes will retain allright, title rud intercst iu the 20 Il. utiliry easeruelt described iu snid deerl.
2. Hubers will gralt and corvey to Ealres the 30 ft. aocess, tlrainage ald irrigation ditcheascllleut (tlte "Easerueut") desct'ibed in tlre l{uber Exenrptiou l)lat recorded foarch t:,lgs2 iu theollice of lhe carlleld coutty clerk aud Recorder as Reception No. 4i2547.
3- llubers are rrot presently ushrg llre roadway located in tlre Etsement, aud as lolg asl{ubers or dreir successors or assigns do uot use tho Easeoreut, Eaues sball bc solely respousiblJfor
thg ltlailltell.ulc€ and teuuir ofthe ronrhvrw arrrl c,nh rrrri,,rar",.^^ .^,t .-,,-:,. -r,^rr r.^ ,r^--^ ^ -r-r-- -.
Eanes rliscretior aud to their sole salisfactiol.
4- lle 30 Ft- Easenrent shall be uotr-exctusive. Eaues alrl ttreir successors and assigrrsrlrdy ttse tbe Easeureut for the puqtoses described iu tlre l.luber Exerrrptiou plat. Iluber-s aod rl;irsuuccssors and assigus may also use llte Easerueot for access ard for uti.tity puqloses, provitted,
Itorvs,er, that (i) use by lJubers or their.wccessors urrd assi trot hilder or Dreveut the
nr*OU 8-971 P-98S O3/;,8/gG rl:09A PG 2 oF2
l(evocable Trust Agreeurent of lbbert C,
liaucs arrrl Barbara L, Eaues Dated february
20, t995.
Signed tlris ?t -? day ofMarch, 1996.
STATEOFCOLORADO )
) ss.
au_rl reasoaable use and enjoyareut oftlte Easemcnt by Eaues or their successors or assigus, autl (ii)
ifllubers or their successors or assiglrs begiu using ttre roadway wirhfur the Easemerrt, they shall be
Iosporlsitrle for a pro-t'ata sbare of the cost of rrraiutailing and lepair of thar portion of tlre roartrvay
rrsctl by thc01 suclt share to be deternriled based upou the uuurber ofresideritial rurils ou t}e llubcr.
property using thc roadway conrpared to the uuurtrer of resideutial rrrrils ou the Eaues properly, each
resklerrtial rurit beiug respolsible for oue slrare of the rrrabtelauce arrd r.cpair cost of ttre poriior of
tlte roadway used by $lch resirlential rurit. Neither Earres nor llubers uoi the successor.s gr assigrrsol either shall be pennitted to park or store vehieles or ruachiuery withio tlre Easenrent, rroito
conshuct any building or olhet'inrprovenrerrt withbr tlre Easerneut except as rnay be required irr
cooueotiotr with the irrstallatiou of utility serviccs.
I Arly par1y, or the successors or assigns ofauy party, who desires or is required tofiIilrer irrqlrove the roadway located witlrirr the Easerueut, foi"*arnpie by wideniug the roa4wry or
paviDg it, shall [re solely tesponsible for tle cost ofany such irqlrovernant, and for auy associated cost
suoh as, for example, trroviug feuces or ditches, or alterirg thc drairage adjaceut to tle roa4way.
Siflrilorly, 0uy Pal1y, or the successors or assigns ofauy party, who deiires or is required to i,stall
utility scrvices within the Easeueut slralt be solely respousibl" for the costs of such iurr,t)' wrvruss Mtrnu tlre rjaseDeul $lall De solely resl)ousible lor the costs of such insLallotiol,
irrcludirrg tbe_repair'of any darrtage caused to the roadway durirrg or as the result^of such utilitysuch utiliry
serviceirrgallatiou. Arut rlfrif<1 St AUtcris rU!r,+LLLro tN fl;+r;"e;'t;;:;r:;
s|rAL.- i3o fAteo 4t NeAa-Ai h l?.hrrbLt; Ta "fl.lc e*tre.tLJ $ila)frAy.oP Tr+t-
6 'f'lric aorp.*rarrr ol'-ll l.- l-:..,1:..-..-^.. ^..r -t--!r :------ - .r - ,L-l?3,uVre'9r7.6. 'l'his agreenreut sball be biuding upon aud strall to tlre benefit of rhe heirs
' /4/,//,successors, aud assigns ofthe parties.
IN WITNESS WIIEREOF, tlre panies lrave executed ttris Agreeurort as of r1e dares
set follh below.
Sigued Zhrl dayofMarctr, 1996.,€***"^ Jl&.*la-,
uure
U;"/o {, tL,l,,^, --Viola L. I.Iuber
sTA'rE O!'COLOT(ADO )
couN'rY oF GARFTELD
) ss'
'llre foregoing itrstrruuerrt wns acknowlcdged before lnelis _ Z?n_4. day of Marctr, 1996by l(obcrt C. Eaues nud Barbnra L. [,ones as ]iustees ur,l.r tlre Co,ru*n Revocabte l'rustAgrceureut of Roberr c. Eanes ald llalbara L. Earres Dated Febr.uary 20, Igg5. - . ... .,1..
wihressruylrarrd aud ofiicial seal: (u^oldyft'UlL;' 'NotaryPutrlic ,:,,. i.
Bar$ara L. Eanes,'fnrslee urder the Cornnrorr
Revocable'liust Agreemelrt of Roberl C.
Eaues aud Dalbarn 1.. Eaues Dtlctl liebrurry
20, t995
GeuNry 6f GUTFIETD ) . .
:r'.: t-., !
. TIre foregoitg insrurna( was acknowledged before me nis . Z?.- day of hiarb[. t9g6.by Walter Hulrer aud Viola L. lluber. .,:...-'.J'1. 1l;
Walter Huber
Wiluess rny ha:rd aud olEcial seal:
|:tttY rT[.c ' rrrrouurricrrarsir-My oonluussron expues: -F"trU..y ZA lgig
BafgR.'HOCAN.,HOIIX
ARCHITECTURE & PLANNING / A.I.A. / P.C.
Whispering Greek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 6
TAX CERTIFICATE
,LA-LA-?AA7 LLIZS ROCKY I,1TN RERLTOR 97098437A1
Report Date: t0r08rAl07 O2:6tPtl GARFIELP CgUNTY TREAgURER
CERTIFICATE OF TAXES OUE
PAGE3
Page: {
CERT#:2m7OO50O4
NO: Rl30316
ESSESSED TO:
SPECIALTY RE9TAURANT9 CORPORATION
ORDER NO: DENNA
VENDOR NO:2. COMMONVVEALTH NTLE
P-O. BOX 127
8191 EAST K]SER BLVD 127 FAST sTH STREET
AMHEIM. CA 9?8OS RIFLE. CO E1850
tE8lt"ii:f.Hr13J;i DESC: rR rN' .EM,,AKA pARcEL R nueen ExEMproN pRE:R01308e Broo.2s
PG:o126 BK:061o PG:IN37 BK:l598 PG:30 RECPf:054478 8K1598 PG:29 RECPT:654,177 BK:0971 PG:0800 BK:0BEB
PG:0205 8K0510 PG:t1441
NEWCASTLEPARCEL:212$252-00-133 SITUSADD:
TAXYEAR CHARGE2008 T U(. TOTA,LTAXES
TAXAUOUNT
'NTEREST55-6{ 'O.OD FEEE
o,oo
PAID
55,64
TOTAL DUE
0,00
0.00
GRAND TOTAL DUE AS OF 7WO9I2AO7 0.00
TAX
Authority
GARFIELD COUNry
BURNING MOUNTAIN FIRE
COLO R]VERWATER CONS
SCHOOL DISTRICT RE.2
COLORADO MTN COLLEGE
GARFIELD ROAD A BRIDGE
GARFIELD HUMAN SERVICES
. GARFIELD CAF EXPEND
SCHOOL OISTRICT FIE-2 BOND
TAXE6 FOR 2006
:_94il1.W_
FEE FOR THIS CERTIFICATE
FOR 2008 TAX D|STRIGT 013 -2-SF
Mlll Lonr
5.425
eJ.m
0.221'
7.872
3.997
3.700'0.930
3.600
7-060
Amount 'Valuc
715 AGRICULTURAL
8.730,32 TOTAL
r 1,25
s.72
5_29
1.33
5.15
1.0.10
ActEl AtccEed
4,940 1.430
4.gq f .430
38-907'55.64
10_oo
AI.I TAX L'EN SALE ATIOUNTS ARE SUB.JECT TO CHANGE DUE TO ENOORSET'iEMT OF CURREN ! IP(ES tsY I'HE LIENTIOI.DER
OR TO AOVERTIgING AND OTSTRAINT WARMNT FEES. CHANGES MAY @CUR AND THE TREA8URER'S OFFICE WLL NEED TO BE
CONTACTEO PRIOR TO REMITTANCE AFTER THE FOLLoW}{C! DATES: PERSOML PRoPERTY AND MOBILE HOMES - SEPTEMBER 1,2007 ,
REAL PROPERTY - OCTOBER 1. 2OOTTAX LIEN SALE R,EOEITPT]ON ATIOUNTA ffU8} BE PAID BY CASH OR CAAHIER,S CI{ECI(
SPECIAL T'J(ING DISIRICTS A}ID THE BOUNBARIES OF SJCTI OISTRICTs IIAY BE ON FILE WTH THE BOARD OF COTINTY
cOril!,llssloNERS, THE COUiTTY CLERK, OR THE COUNTY ASSESSOR.
Ttris octlIloeE doct not lnduda lrr$ or lmpro/enrcnE asiersed undat a rcperlb !@unt numbort'pe naohal prcpefty texo6.
ranaEf lrx or migc, tE)( collecilod on behelf .rf other enlitiBa, sparial sr logal implowment dlslrlcl ataotamerltt or
nrobile hornes. unles3 specific.sll5l nnntioncd-
l. the underdgned, do heteby certify thstthe cntrc Emixnrt ot t6rGE duo upon Orc above deecribed porela ol rsel propclly end Ell
outct.nding ealeo fur unpeirl tsxee as ehorn by the recordg in my uffica frfin whhh the same mey stlll tre redeemad with tha emount
roquired foi rederrtion an as noted henein. ln witness whoreof, I hrvo hersur(d eef rrly hand and 9{l fhpo9th day of October, 2007.
TREASURER. GARFIELD COUNTY, GEORGTA CHAII'BERI.AII{, BY
P. O. Box 1080
Glenwood $prinEo, CO 81602-10S0 .'
(s70) 945.Gs82 '
BafeR.'HOCeN.rHOtlX
ARCHITECTI.JRE & PLANNING / A.I.A. / P.C.
Whispering Creek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 7
BOUNDARY LINE ADJUSTMENT ANd
DEVELOPMENT AGREEMENT
Boundary Line Adiustment and Development Agreement
A' Parties
Thc parties to this Boundary Li ne Adjustment and Devclopment Agreement are SPECIALTY
RESTAURANTS, INC. (hereinafter "siecialty Restaurants") and JOEL T' LEONARD
REVOCABLE TRUST (hereinafter "Leonard')'
B. Reeitals
The reasonsandpurposes forentering intothisAgreementarepremised upon the following:
1. Specialty Rcstaurants is the owner ofthat certain real property situate in thc
unincorporated area ofthe County ofGarficld and State of Colorado more particularlydcscribed on
Exhibit A attached hereto anA made a part hereof (hereafter the "SR Propcrty');'
2. Specialty Restaurants is prcsently in the process of subdividing the SR
propertyinto frve(Sysinile farn'ilyresidenfial unifs, whichproposed subdivision is moreparticularly
desgribed within the appiication io, Pretiminary Plan for ihe Whispering Creek Subdivision dsted
october23,20O6, pres^ently onfi1e withthe Deiarnnent ofBuilding andPlanning, Garfield county'
Colorado (hereafter the "Preliminary Plan");
3. Leonard is the ownsr ofthat ccrtain rcal propcrty situate in theunincorporated
area of the County of Garficld and Statc of Colorado more parficularly described on Exhibit B
attached hereto and made a part hereof (hcreafterthc "Leonard Prope$y'');
4.TheSRProperryandtheI-eonardProperlyarecontiguous;and
5. In orderto facilitatethe subdivision of the SR Property, as above dsscribed,
and to mitigatc the impacts derived from the same to the l,eonard Property, Specialty Restaurants
and Leonard fave agreed to a-djust the common property line boundary for the SR Property and the
Lconard propcrty subject to thl terms, conditions and provisions hereinbelow set fotth'
C. Agreement
The parties hereto agree as follows:
t. Recitats True an d Corrcct. The Recitals set forth abovc 8re true and correct.
Z- Conveyance from Lconard to Specialty Restaurants. t ftu Closing of
this Agreernen! Leonard shaliconvey to Specialty Restaurants by special warranlr qe-ed that portion
oftheleonard property (hereafter thl ' Adustnent Parcel") as identificd within Exhibit C. attached
hereto and made a part hireof. The parties agree and understaud that Leonard intends to reserve ary
E:\SspucialityResTaaran3rl7hisperingCreeklBoantluryLineAdjastmenltlgreement(SprrRcsts)-12-15-06(2)'wpd Page Io "5-
waterrightshe has, ifany, whichhistoricallyinigated the AdjustmentParccl andthatnowaterrights
shall be transferred from Leonard to specialty Restaurants under this conveyance'
3. Merger in Titlc. The partics agree that thc Adjustrrent Parccl shall be
rnerged in title with the SR"Froperty and that said propsrry as merged shailtetreated as one single
p.r#t. To confirr6u.h n rrgg oirecord, the parties shall executc at Closing an Affrdavit Re:
^eoundary
Line A-djustmcnt in accordancewith 3ection l:64 of theiGarfield County Subdivision
Regulations of 198i, as amendcd, and record the same in the recordlg{tlt Clcrk and Recorder for
County, Colorado. A form ofsaid Affidavit is attached hereto as Exhibit ? *i 1{" apart heteof'
Thepartiesfurthcragreeto delivera copyofthe recordedAffidavittothe Garfield CountyBuilding
and Planning Department within thirEl(3o) days after thc date of recording said Affidavit.
4. Conveyanccs frpm Spcciatty Rcstaurants to Leonard' At the Closing of
this Agrecment, Specialty Restaurants shall coflvey to Leonard:
L- a perpetual, noncxclusive easement overo under and across the SR
propcrty extending 5 feei on either side of ths centerline more parhcularlydescribed within
ExhibitE, attachelhereto atrd made apart hereof, said casernent tobe forthe purposc ofthe
opcration, maintenance repair and replacement of a buried inigation pipelinc serving the
Leonard ProPertY; and
b. a perpetual nonexclusive easement ovsr, under and across the
Adjustment parcel, said easement to be for thc purposc ofthe location, maintenance, repair
and replacement of all cxisting outbuildings und ieo.t*. vchicle parking, horse pashrring
gardcning and recreational use together witl thc right to locate, maintain, repair and replace
children's recreational facilitics.
5. Transfcr of Tittc. Subject to compliance by the partics with thc tenns and
provisions hereof, each party shall cxecute and-deliver a good and sufficient Special WarrantyDeed
to the otherparty, at Closing, conveying thereal propcrty intcrests idcntifiedwithin Paragraphs 2 and
4, hereinabovc,-freo and cliar of all liens aud taxes except the general taxes forthe yearofClosing'
6. Closing. Delivory of deed(s) between the parties as hereinabove sst forth
shall be at Closing qhereaftei "Closing"). Thc Ciosing shall occur within ten (10) days after
execution by tue chlirmen oftheBoard of-County comnrissioners of aFinal PIat forthe whispering
Crcek Subdivision. The hour and place of Closing shall be as designated by mutual agreement
u**." thc parties hcreto and tlte Titlc company engagod by thc parties as closing agerfi'
7. Ctosing Conditions. Closing shall bc subjcct to thc following express
conditions:
a. the dclivery by specialty Restaurants to the Title company for
subsequentrecording inthcrecords otitre Clcrt< and RecorderforGarfield County, Colorado
ofa duly cxccuted Final Plat forthe Whispering CreekSubdivision within six (6) month. o!
the rnutual ".""rti""Uy
the partics of this agrJement. Leonard's consent shall be required
E:l1\Speciolity Rettu117anttillhiyterirng CreeklBouneh4, Lineiiiuttmeiltlgreenrent (Spec Ru;ts)-L2't 5'l)6(2)'wpd Page 2
;
for any changes incorporated within the Final Plat which differ from that sct forth within the
i
Preliminary run; prbrided however that such consent shall not be unreasonably withheld
byLconard. Additiohally, the Final Plat shall:
'l
!
I
; (f) incorporate the A justment Parcel and easements set forth
within Paragiaphs 2 and 4, hereinabove;
i
Ii tZl provide forthe location ofZ firehydtants;
i ^ -^ 6 , !-t-1 --Ci tlt contain a dcdication to the public of a 60 foot right-of-way
I
extending from tle Whispering Creek enlrance off of County Road 245 to the
Leonad ProlertV as hereinabove adjustcd; and
! tOl contain a plat note restricting inigation to only 2500 squarc
feet of lawn Per Lot-
:: (5) containaplatnote(s)which,astoploposedLot5,shallreshict
the location of any and all fencrs to the prcsently ploposed building envelope and
siall restrictgtvewuy access thereto, to and extending from the western boundary
of the propoSed public hamrner head tumaround'
ib.IthedeliverybySpecialtyRestaurantstothcTitleCompanyfor
suh.seouentr.ro.Ainliornerecords ofihe-Clsrk andRecorderforGarfield County, Colorado
;i;;Jl";;ecutcd Slrdiri"ion Improvcments Agreement obligating SpecialtyRestaurarts
io f"..ii *a to^t ,r'ct within the pipeline easementto be conveyed to leonard Pursuatrt to
i
parapraph4. hereinatovA thepipilitre and appufienantimprovcments inaccordanccwiththe
;;;ffi;;d "*"ifi.nhons
setloiwithitr Exhibit E. Separate and apart from the provisions
odn" SubdMsion I$provemcnts Agreemcnt, SpecialtyRestaurants agfees and wnnants to
i;;;;;; ir riff ro.ute and construct ai its sote tost and expense for the benefit of
;;;; ,h" piprU"a*O ,ppurtenant improvements aforesaid within threc (3) months ofthe
CIosing.
c.the delivery by Specialty Restaurants to th9 Title Compay fgr
subsequcntrrroiOirgintt erecords of-the Cte.tanORecorderforGarfield County, Colorado
F tl ! -1- --.-'^L:-;ffi;;;;r.d -Et of protectivc Covenants: a) rcquiringtho owner(s) of all Lofs within
the Whisperirg a.d*k Subdivision to mow all grassland areas for the purposc of fire
abatement. Th"i.o-;Gon shall afford Leonardtheright, atthe solecost andexpense ofsaid
Lot owner(s), ,;;rifo; such mowing in the everrt of the Lot owner(s) failwe thereof; b)
pmhibitingtn"p"ltt"ing, stabling, or ke-eping ofhorses, cattle, sheeP orother hoofed animals
of rnykinAwittrin *y-oitt" lots containedrvithin the Whispering Creek Subdivision'
g. Conjent to Applications. Byexecution hercoi Leonard herebyconsentsto
the inclusion of the AdjustmartparcJ into aII future land use applications wlic.h maybe required
to be filed by Specialty"Restaumnb to obtain from the Board of CountyCommissioners for Garfield
E:lfllpetiatiry Restatyailrt7hi4ering Cteek\Bowdary Line idju:lmenr ,Agreemcnt (Sp* Rcrts)'|2'15'06CI)'v'ptl Page 3
k;.
county, colorado a Final Plat ;which zubstantially conforms to the PreliminaryPlan and satisfies thc
provisions hereinabove set foittt'
Ig. paymint of Encumbranccs. Any encumbrance required to be paid shall be
paid at or beforc Cl osing
-frorJr
the proceeds of this transaction or from any other source'
i10. Closing Costs; Documents and Serviccs. Spccialty Rcstaurants shall pay
in Good Funds, theparti; ;sp?;;e i:losing costs and all other items required to be paid at Closing'
The parties sfraff sign ;d coinpletc all cuiomary orrcasonably requircd documents at or before
Closing.
i
I
I l. Attordey Fees. Each party shall beresponsible forthepayrnent ofall attorney
fees or costs incun:ed by
"ach
io connection with the transaction contemplated hcrsunder, except as
rnay otherwise be set forth inhhis Agreemcnt.
!
lz. posseslior. possession of the propertics shall be delivered to the respective
parties upon delivery of the deeds at Closing.
I
t3. Not Absignable- This Agrcement shall not be assignable by either party
rvithout the prior written cohse]rt of the non-assigning party; provided, howwer, excqlt as so
resrricred, this Agreem;;ff;li i"r* to the bcnefrt of anO be binding upon the heirs' personal
representatives, successors uid assigns ofthe parties'
I
14. Entir{Agreementl Modification, Survival- This Agreement contains the
entire agreemcnt betweon thp parties *j *up"o"des all prior understandings, negotiations and
,.pr.rrni*ions, written and oral, not contained hcrein. It may notbe amended ormodified' except
byan agreement in writing signedbyboth parties hereto. AII obligation in this Agreementthat' by
its terms, is intended to UI pJrform*d "ft"i t"*ination rrr Closing shall survive the same'
:
15. Notici. As an alternate to physical dcliver, any signcd documcnt and written
notice may be delivered in ielectrouic fomr bl facsimile _or e-mail. Documents with original
signatures shall bc providediupon request of any party. NoJices shall be in writing and shall be
addressed, ar,ea orLm"1.a to u""L party at the addresi hereinaftcr set forth or such other address'
fax or email, if any, given bj such parry to the other party prior to Closing:
Leonard:Jocl Leonard
464 Silverhorn Drive
New Castle CO 81647
Melinda Sherman
Sharp, Stehke & Sherman LLC
401 Lincoln Street
Steamboat SPrings, CO 80477
Telephone (970)379-7600
with copy to:
f;l5lSpecraliry ReslaurantsllfhtrVr+rg Cree*Worudary LineAd)uttnwnl igrcemen! (Spec Re*s)-12'1S'{t1Q)'wpd Page 4
(
f) i)Y
Specialty
Restaurants:
with copy to:
(719)ee8-4861
dstahl@srcmail.cont
Far (970)879'8162
Email: sherman@sharPsteinke.com
Dennis Stahl
Spocialty Restaurants Corporation
819I East Keiser Boulevard
Anahcim, CA 92808
Tclephone: {'119)?79-6100
,Fax:
.Email:
16. Applicable Law. This Agreement and all disputes arising hereunder shall
be governed by and construca in accordancc with the laws of tIc State of Colorado.
t7 . Attorney Fees (Legal Action). The Parties unde$tand and agree that, irt the
eyent an action is broughtto oniorcethe tsrms of this Agrcement in which case thc prevailingparty
shall be awarded its cJsts and cxpenses, including attorney fees, in such action. In the event any
provision of this Agreemcnt should be held to be unerforceable, each and all of the othcr provisions
Lf tnir Agreement shall remain in full force and cffect-
t g. Counterparts/Facsimile Signatures- A copy of this Agrccment may be
executcd by each party, separately, and when each partyhas executed a copy thereof, such copies
raken togjher shajl bL deemed to be a full and conrplete agreement between thc parties.
Facsimii-e signatures shall be allowed and dcemed equivalent to originals thcrcof
IN WTrNESS WIIEREOF, thc parties hereto have set their hends and seals on the day
and year sct opposite the name of each-
TimothyA. Thulson
Balcornb & Green P.C.
818 Colorado Avcnue
Glenwood Sptings, CO 81601
Tel ephone (97 O)9 45 -6546
Fax (970)945-8902
Ernail:tim@balcombgteen.com
SpeciaDate:
Date:
ts Corporrtion
7 -7-67
Agrcement (Spet Re#xlJ 2-1 5-06(Z)-w7xl
E-' tsttpericliry Rt*taura nLt\ W hispei n g C re eklB oun d ory Lite Page 5
STMCTAT,TY Rtr,SIAURANTS PNOTENTY
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Lpoumn hoPrnrY
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LOT B, AS MORE PARTICULARLY DESCRIBED WITHIN THE EANES EXEMPTION
PLAT HERETOFOBE RECORDED IN THE RECORDS OF THE CLERK AND
RBCORDER FoR cARFIELI, COUNTY ON AUGUST t4, lssi AS RECEPTION NO'
49119t
AorusrrrarurPencBr,
ExsrrmC
AIIII}AVIT
E)(IilBlTD
ATTMAVII RN: BOI]NDARY LTNC AUIUSTMENT
Theuudcrsignedaffiants,beingfirst dulyswornupontheiroaths, depose and statc asfollows:
l. 'We arethe owtrers of real properties inthe unincorporated area of Garfield
County described in E.x-hibit A attached treftrto and incorporated herein by reference
2. We are desirous of adjusting the boundary lines of our lots and sign this
Affidavit in accordance with tle carfield"county subdivision Rogulations of 1984' as
amended.
3. We hereby represcnt that no ncw lots will be creatcd and, thereforc, that
Garfield Countywill not[e required to issue anybuildingpermits, otherthanwhat itwould
be required to issue for the already existing lo8'
4- Ttre boundary Iines will be adjusted by the convcyance of real prcperties 8s
set forth in Exhibit B attached hseto and incorporated herein byreference'
5. We hereby rcplesent that none of the parcels of property involved in this
boundary line adjustna.ri ir p^rt of a previously platted subdivision of record'
6. Weherebyrepresent thatthe boundary line a-djustmentrefcrred to hereinwill
not cause the loss of acciss 6yroad orto utilities, to anypucel of property involved.
7 . We hereby represent that the boundary line adjustnrent being madc witl not
result in any of the lots involved being Iess than the rninimum lot sizc ailowed as a rcsult of
the boundary line adjustment or create any no1-conforming setbacks for any existing
structures,
g. Nothingherein shallbetaken to precludc fiuthersubdivision or developmcnt
provided that the ,u-J i* done in accordance orith the provisions and standards contained
*itf,in thethen applicable Garfic,ld County Zoningand Subdivision Rcgulations'
9. Wc hereby reprcscntthat a copy of this Affidavitwill be recorded with the
Gartield County Clerk and Rccorder-
Further Affiants SaYcth Naught-
Date:
Date:
SPECIALTY RESTAURANTS, CORPORATION
PRESIDENT
A.ffidavit Re: I]ctundary Line ldiu'srmert
JOEL LEONARD
Page I of2
STATEOF COLORADO )
) ss.
COUNTY OF GARFIELD )
The above and forcgoing instrument was acknowledged bcfore mc this day of
2006,by PresidentofSPccialtY
Rcstaurants, CorPoration.
Witness mY hand and scal.
My commission exPires:
NotaryPublic
srATE OF COLORADO )
) ss.
couNTY oF GARFIELD )
Thc above and foregoing instrument was ackrovlledgcd beforc me this day of
,2Q06, bYJoel Leonard'
Witness my hand and seal-
My commission exPires:
NotaryPublic
Af.lidavit Re: Bomtdary !.ine Adiv$tmcnt
Page ? oJ'Z /-
o/V
Prrrr,nrs Srrcmcnmorts
EXUEtrE
BafBR.'HOCaN.oHOUX
ARCHITECTURE & PLANNING/ A.I.A. / P.C.
Whispering Greek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 8
WATER SUPPLY
LOYAL E. LEAVENWORTH
SANDER N. KARP
DAVID H. McCONAUGHY
JAMES S. NEU
SUSAN W. LAATSCH
NICOLE D. CARRIMONE
ANNA S. ITENBERG
MICHAELJ. SAWYER
CASSIA R. FURMAN
BETH E. KINNE*
CASSANDM L. COLEMAN**
* A dntitt ed in lltas I tittg t o tt
*+Adntitted tn Mottana
LEAVEN\\/ORTH & KARP, P.C.
ATTORNEYS AT LA\ry
201 I4TH STREET, SU]TE 2OO
P.O. DRAWER 2O3O
GLENWOOD SPRINGS, COLORADO 81602
Telephone: (9'7 0) 9 45 -2?61
Facsimile: (970) 945-7336
ndg@lklawfirm.cont
October 28,2005
DENVER OFFICE:*
7OO WASHINGTON ST. STE 702
DENVER, COLOMDO 80203
Telephone: (303) 825-3995
Facsjmile: (303) 825-3997
* (Please direct all correspondence
to our Glenwaod Springs Office)
Richard Wheeler
Garfield Counly Building and Planning Department
i08 8th Street, Suite 20i
Glenwood Springs, CO 81601
Re: Water Supply for Whispering Creek Subdivision
Dear Mr. Wheeler:
We represent the Town of New Castle. Derek Walters, representative of the proposed
Wlrispering Creek Subdivision, sent the Town a copy of your letter dated October 26, 2005
requesting infomation about the Town's ability to supply water to the Wirispering Creek
Subdivision. This letter is provided in response to your l:equest.
As you kflow, the Town entered into a Contract to Provide Water Service and Pre-
Annexation Agreement with Specialty Restaurants Corporation, owrler of the Whispering Creek
properfy. By that Agreement, the Town agreed to provide nrunicipal water service for up to five
single-famiiy residences to be located on the ploperfy, subject to the tenls and conditions of the
Agreement.
The Town diverts its prirnary water supply from East Elk Creek under a decreed water right
fortheNew Castle Water Worhs System and Pipeline ("Water Works Systern"). The Water Works
System was adjudicated in Civil Action No. 1058, Water District 39, and has an appropriation date
of September 6, 1889. It is an absolute water right in the amount of 2.67 c.f.s. for rnunicipal arrd
other uses, and includes an additional 1.0 c.f.s. ofwater for emergency and fire protection purposes.
The Town also has a conditional water right for the New Castle Water Works Systern and Pipeline
First Enlargement in the amount of 10.0 c.f.s. The Enlargement right was decreed in Case No.
8lCW477 for municipal and other uses.
The Town of New Castle owns several other water rights in addition to the rvater rights
described above, some of which are tire subject ofwater rights applications currently pending before
tlie Water Court il Water Division No. 5. The Town's water portfolio is sufficient to serve the
propose.d Whispering Creek Subdivision, consisti:rg of five single-family dwellings.
- <sc.rv t'tE,P€@t'l ql. -
LEAVEN\\'ORTH & I(ARP' P.C.
' Richard Wheeler
. Page?
October 28,2005
If you have any questions or need additional infor:uation about the Town's water supplies,
please feel free to confact me.
Very trulY Yours,
LEAVENWORTH & KARP, P.C.
L/i@((AM
Nicole D. Garrimone
cc: Steve Rippy, Town Administrator
Derek Walters
t-j
CONTRACT TO PROVIDE }VATER SERVICE
AND PRE-ANNEXATION AGREEMENT
THiS AGREEMENT made and entered into this ile auy of l4\i ,2005, by and
betrveen the TOWN OF NEW CASTLE, COLORADO, a Colorado home-rule municipality
(hereinafter "Town") and SPECIALTY RESTAURANTS CORPORATION, a California
Corporation (hereinaft er "Owner") ;
WITNESSETH:
WHEREAS, Orvner is the owner of certain real property cumently located in
unincorporated Garfield County, Colorado, commonly known as Whispering Creek Subdivision
and more particularly described on Exhibit A attached hereto and incorporated herein by this
reference (the "Property"); and
WHEREAS, Owner has applied to Garfield County for approval to subdivide the Properly
into approximately five (5) single-family home sites; and
WHEREAS, Owner desires to obtain water taps and related municipal water services from
the Town for the benefit of the Property, and the Town is capable of providing such service to the
Property; and
WHEREAS, contiguity of the Property cunently does not exist that would ailow the
Property to be annexed to theTown; however, at such tirne the Property is eligible forannexation,
Owner agrees to annex the Property to the Town pursuant to the tenns and conditions contained
herein; and
WHEREAS, the parties desire to enter into this Agreernent plrrsuant to C.R.S. $31- l2-121
to set forth the tenns and conditions of the extension of water service by the Town to the Property
and certain preliminary matters related to annexation of the Property.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency ofwhich
is hereby acknowledged, the Town and Owner agree as follows:
l. Purpose, The purpose of this Agreement is to set forth the terms and conditions of
the annexation of the Property to the Town. Except as expressly provided for herein to the
contrary, all conditions herein are in addition to any and all requirements concerning annexation
contained in the Municipal Code of the Town of New Castle (hereinafter "Town Code") or the
Municipal Annexation Act of 1965, as amended, C.R.S. $ 31-12-i01 , et se(1. This Agreement is
intended to provide a contrachral relationship between the Town and Owner to ensure compliance
with the Town Code, state statutes, and all terms and conditions set forth herein. This Agreement
includes additional tenns and conditions for the purposes of the Municipal Annexation Act.
l:\200slclictrr5$l crv C nrtlc\3 (.14 )-S hl l-l 90{\AtEcnrcrttu rc-ctrncf,.\tpd
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2. Effective Date. Owner has made application to Garfield County for approval of a
subdivision to be located on the Property. Approval of a final plat by Garfield County for not
fewer than 5 lots (the "Final Plat") shall be a condition precedent to the effectiveness of the terms
and conditions of thisAgreement by eitherparty hereto. In the event Owner has not received Final
Plat approval from Garfield County within fwo (2) years of the date hereof, fhen this Agreement
shall autornatically tenninate and be of no further force or effect.
3. Annexation. The annexation of the Property shall be in accordance with the
Colorado Municipal Annexation Act of 1965, C.R.S. $ 31-12-101 , et seq., as amended.
4. De-Annexation from Special Districts Includine Fire Service. Owner shall petition
for exclusion from any taxing which provide services to the Property that the Town is capable of
providing, at such time as such service is made available to the Properry by the Town. All costs
of de-annexation shall be borne by Owner.
5. Water Service. The Town agrees to provide Owner vrith municipal rvater service
for the Property consisting of five (5) single family residences only. Provision of water service
to the Properfy by the Town shall be subject to those specific obligations and requirements set
forth in the ordinances and regulations of the Town and subject to the terms and conditions
contained herein.
6. Costs and Fees. The Town shall provide said water service to the Property subject
to the rules, regulations, charges, fees, and ordinances of the Town of New Castle as are now rn
effect, or as they mayhereafter be arnended. The costof extending water mains and service lines
to serve the Property will be borne solely by the Owner, as provided in the Town Code. At or
prior to the first delivery ofmunicipal water service pursuant to this Agreement, Owner agrees to
pay all water tap fees and water rights dedication fees required herein or by any Town ordinance.
Owner, its agents, employees, successors and assigns shall be bound by all Town ordinances in
effect insofar as they rnay pertain to the provision ofthe municipal water service herein described.
a. Residential Water Svstern Tap Fees. Owner shall comply in full with Section
13.20.060 of the Town Code regarding tap fees for water service, which are
presently twice the amount of in-Town fees. For this purposg prior to the first
delivery of municipal water service to any unit in a developrnent phase of the
Property, Owner shall pay the water system tap fee then in effect at the rate of one
(1) EQR for each lot for which potable water service is to be provided by the Town
for the entire phase of development. The current rate for residential water usels
where the tap or any point of consumption is outside the Town is $6,000.00 per
EQR. Additional tap fees shall be due in the atnount then in effect at the tirne of
building permit for any proposed uses over one (1) EQR on each lot.
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a
b.Water Riehts Dedication Fees. Otvner proposes, and the Town agrees, to waive
Owner's cash in iieu of water rights dedication fees in the amount of $1,000 per
EQR required under Section 13.24.010, et seq. of the Town Code. rn fieu of such
fees, Owner shall dedicate to the Town certain water rights sholvn on Exhibit B,
attached hereto, and more particularly described in Paragraph 7 below. Additional
cash-in-lieu of water rights dedication fees shall be due in the amount then in effect
at the time ofbuilding permit for anyproposed uses over one (l) EQR on each lot.
Cost Recovery for Castle Vallev Boulevard Improvements. At the time offinal plat
approval, Owner shall pay a road impact fee in the amount of $ 1 ,000 per EQR for
the Property pursuant to the terms of the 1999 Road, Water and Sewer
Infrastructure and Tap Purchase Agreement between the Town ofNew Castle and
the developers of Castle Valley Ranch recorded with the Garfield County Clerlc and
Recorder's Office as Reception No. 546810. The agreement requires the irnpact
fee be assessed for any final subdivision plat for property Iocated above the
intersection of County Road 245 and North Midland Avenue (i.e., any property
primarily accessed by traveling genera!ly northwest on County Road 245 frorn the
intersection).
d. Traffic Impact Fees. Owner shall pay any road improvements fees as may be
required by the CountY.
e.Miscellaneous. Owner agrees to pay al I actuai costs incurred for notice publication,
recording fees, and sirnilar administrative charges related to the annexation or this
Agreement.
Water Riehts Dedication. Owner shall convey to the Town by special wananty7.
deed certain water rights described on Exhibit B attached hereto. Owner shali dedicate said water
rights prior to the frst delivery of rnunicipal water service to any unit in a development phase of
the Property. The Town agrees to lease back the dedicated water rights to Owner and its
successors in interest for compensation in the amount ofTen Dollars ($ 10.00) per year until such
time as the Town in its sole discretion detennines that said water rights are needed for rnunicipal
purposes. Until such time, Owner and its successors in interest agree to continue using said water
rights to irigate the Property.
8. Developrnent Plan. The parties agree and acknowledge that Owner is currently
undergoing the subdivision plat process with Garfield County. The pending piat provides for 5
single-family lots. Upon approval of subdivision by Garfield County, Owner shall provide the
Town with lwo (2) reproducible copies of the plat as approved-
t1?005tCl jctrtsworY co5llsu(,lJ ).sLlhl-l r0'l\ABEcnrcnlsErc'0nf, rs.wPd
Mry t8, 2005 -J-
Easements.
Water Line Easernents. Owner shall obtain, at its olvn cost, all easements
"***ry f* *rter facilities for the entire length of the water service extension'
owner shall convey said easements to the Town, free and clear of all liens or
encumbrances that would interfere with the purpose of such easements, as
evidenced by a policy of title insurance in favor of the Town in the arnount of
$25,000.00. The easements shall be dedicated to the Town at such tirne as the
Town accepts ownership of the water line extension. All water facilities shall be
constructeJ within easements depicted on the Final Plat or evidenced by other
appropriate documents duly recoided in the Office of the Garfield County Clerk
and Recorder. If necessaryio ,"..,t* the easements and ifrequested by Owner, the
Town agrees to use its plr.ver of condemnation provided that Owner rnust first
agree in a subsequent *iitt"n document to bear the expenses associated with such
condemnation proceedings.
b. Future Sewer Line Easements, Owner or its successors in interest shall cornect to
tfr" to*nt ..*"r line at such time as a point of reasonable connection is available
as determined by the Town Engineer. Atthe time ofrecording of the final plat for
the Property, Owner shall grant the Town an easement extending from the Properly
boundary atihe rniddle of Ett< Creek to a distance of twenty-five (25) feetfrom the
one hunjred (100) year floodplain boundaryto be used for open space and utilities.
Owner shall obtain, at its own cost, all necessary easements and convey said
easements to the Town, free and clear of all liens or encumbrances that would
interfere with the purpose of such easements, as evidenced by a policy of title
insurance in favor of the Town in an amou[t to be deterrnined at the time of
conveyance. At the tirne of sewer connection, Owner shall be required to grant
additional easellents to the Town should the Town Engineer determine existing
easements are insufficient to serye and maintain sewer service.
10. Ownership and Maintenance. Owner or its successors in interest shall own and
maintain all intemal r*i". *t.r fines within the boundaries of the Property in perpetuity;
provided, however, the parties agree and acknowledge that owner may assign such interests and
duties to a homeowners
"
associat]on. Each individual service iine shall have a water shut-offvalve
at a point prcximate to the water rnain line. The Town shall own and rnaintain the water rnain line
up to and including the individual shut-off valves.
1I. plans and Specifications. The plans and specifications for the installation,
maintenancq and operation of th" water line extension shall be in confonnance with the Town's
guidelines and shal-l be subject to the prior approval of the Tow.n staff, such approval not to be
rlnreasonably withheld. A licensed, profesiional engineer selected by Owner shall provide
certification that all water facilities and improvements are installed in accordance with the
9.
a.
t:\20O5f lictrIswcv C asllc\3(14 )'Shhl-l 90'l\A gf cu'ntsPtc'nMcx rvPd
lvlay 18,2005
-4-
approved plans and specifications. Owner shall provide the Torvn rvith mylar and digital images
of the subdivision and "as builts" of ali public improvemenE, including the water facilities.
12. Service Fees. TheTown shall be entitled to charge reasonable rnonthly service fees
for water service within the Property.
13. UnForeseen Costs. Owner agrees to indernnifo the Town against any costs or
liabilities arising out of and directly connected rvith this Agreemenq provided, however, that in
the event of Iitigation the Town agrees to cooperate with Owner in the defense of any clairn and
not to rcfuse reasonable settlement opportunities; further provided that Owner shail have the right
to retain counsel of their choosing to cornply with this Paragraph, orthe Town may utilize its own
counsel at its own expense.
14. Town Staff. Owner agrees to rcimburse the Town for all of its expenses for paid
staff and consultants relating to the negotiation, drafting, and execution of this Agreement and
relating to constnrction of the water line extension. The Town shali provide Owner with a monthly
invoices of such staff tirne, and the Town shall provide afinzl accounting and bill forall such staff
tirne no later than thiffy (30) days after receipt of the certification of cornpletion of the water line
extension in pursuant to Paragraph 1 I above. This Paragraph shall be effective imrnediately upon
execution of ttris Agreement and shall survive tennination.
15. Provisions Exclusive. The Town and Owner agree and acknowledge thatthis
Agreement contains all requirernents of the Owner conceming the provision of water service to
the Property, water rights dedications, and other rratters expressly addressed under this
Agreement. No additional substantive requirements shall be imposed upon Owner with regard to
the matters addressed herein.
16. Zonins and Subdivision. Upon annexation, the Property shall be zoned with a
Town zone district olassihcation that is no less restrictive than the Counfy zoning in effect as of
the time of Final Plat approval by Garfield County and that pennits subdivision of the nature
described herein. If such zoning is not effected, the parties agree that the Property may be de-
annexed in accordance with Paragraph 17, below.
17. De-annexation. The parties agree and stipulate that the express provisions of this
Agreement are a material consideration of the agreement of Owner to annex the Property to the
Town. Therefore, in the event the Town fails to perfonn under this terms of this Agreement as
stated, the parties stipulate and agree that, pursuant to C.R.S. $ 31-12-501, it shall be in the best
interest of the Town that the Property be disconnected from the Town. In such event, the Town
agrees to enact an ordinance effecting such disconnection and will speedily act upon any
application for disconnection submitted by Owner. The Town further agrees and acknowledges
that such disconnection is authorized by the Charter of the Town of New Castle and the applicabie
ordinances enacted by the Town and that it shall take no action amending either its Charter or
ordinances that would preclude such disconnection.
l:\2005Eli.trtsl,\cw Ca5llc\3(44)-Suhl-190{\AgrccEtctrlsr.P.c.!nnct.rvPd
18. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner
represents and submits thaf to the extentan election would be required pursuantto C.R.S. $ 31-12-
I 12, as amended, to approve the annexation or to impose terms and conditions upon the Property
to be annexed, Owner owns 100 percent of tlie ProperEy to be annexed and would vote to approve
the annexation and all terms and conditions as set forth herein. Thtts, any election would
necessarily result in a majority of the electors'approval to the annexation and the tenns and
conditions herein.
19. Assigrunent. The parties agree and acknolvledge that the rights and obligations of
the Owner under this Agreement rnay be assigned by the Owner to persons or entities acquiring
title to the Property without the prior consent of the Town; provided, however, such assignee
agrees in writing to be bound by the tenns and conditions of this Agreement, and Owner shall give
notice to the Town of any such conveyance, together with the assignee's written agreement to be
bound by the tenns and conditions of this Agreement.
2A. Final Aereement. This Agreement supersedes all prior wriiten and oral agreements
and representations of the parties and is the total integrated agreelnent between the Town and
Owner.
21. Modifications. This Agreement shail not be amended except by subsequent written
agreement befween the Torvn and Owner.
22- No Representations. It is expressly understood that the Town cannot legally be
bound by the representations ofany ofits officers or agents or their designees except in accordance
with the Town Code and the laws of the State of Colorado. Owner, when dealing with the Town,
acts at its own risk as to any representation or undertaking by the Town officers agents or their
designees that is subsequently held unlawful by a court of law with competentjurisdiction.
23. Captions.. Thecaptions andparagraphheadings inthis Agreernentare insertedonly
for convenience and in no way define, Iirnit, or prescribe the scope or intent of this Agreement or
any part thereof.
24. Bindine Effect. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, successors, and assigns.
25. Severabilitv. If anyprovision(s) of this Agreement shall be determined to be void
or invalid by a court of competent jurisdiction, then such determination shall not affect any other
provis.ion hereof, all of which other provisions shall remain in full force and effect. It is fhe
intention of the parties hereto that, if any provision of this Agreement is capable of two
constructions, one of which would render the provision void, and the other of which wottld render
the provision valid, then the provision shall have the meaning that renders it valid.
I:U00JEli{nlsNc\v Co5rlcU(44).Shhl.l 90.1\A gmcrnclts$rc-iil.i.wpd
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26. Governing Law. This Agreement shali be construed, interpreted, and enforced in
accordance with the laws of tbe State of Colorado. Should any parly institute suit or action for
enforcement of any obligation contained herein, it is agreed that the venue of such suit or action
shallbe in Garfield County, Colorado.
27. Artorneys'Fees: Survival. Shouldthis Agreementbecome the subject of litigation
between the Town and Olner, the prevailing party shall be entitled to recovery of all aclual costs
in connection therer,vith, including but not limited to attomeys' fees and expert witness fees. All
rights concerning rernedies and/or attorneys' fees shall survive any termination ofthis Agreement'
28, Authoritv. Eachperson signing this Agreement represents and warrants that he or
she is fulty authorized to enter into and execute this Agreement and to bind the party on whose
behalf lie or she purports to sign to the tenns and conditions hereof'
Zg . Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall be deerned one and the same
instrument. This Agreement n:ay be ex-ecuted by facsimile signature; prc"rided that the original
signature page shall be transmitted to the other party by regrrlar rnail within ten (10) days of such
facsimile signature.
30. Notice. A1[ notices required under this Agreement shall be in writing and shall be
sent by hand-delivery, facsimiie transmission, or registered or certified mail, return receipt
requested, postage pre-paid, to the addresses of the parties set forth herein. All notices by hand
delivery or facsirnile shall be effective upon actual receipt. All notices by mailshall be considered
effective seventy-two (72) hours after deposit in the United States Mail with the proper address
as set forth below. Either party by notice so given may change the address to which future notices
may be sent.
Notice to the Town:
With copy to:
Notice to Owner:
l:\2005lrc1 icnts$,lt\e Csrlrcu (44 ).SBhl-t r 0.l\A! Eenrcn lsSrc 'nMcr.rvPd
[tiy I 8, 2005
Town of New Castle
450 West Main Street
P.O. Box 90
New Castle, CO 81647
David H. McConaughy, Esq.
Leavenworth & Karp, P.C.
201 14'h Street, Suite 200
P.O. Drawer 2030
Glenwood Springs, CO 81602
Fax (970) 94s-7336
Specialty Restaurants Corporation
Attn: Dennis Stahl, Vice President
-7-
8191 East Kaiser Blvd,
Anaheim, CA 92808
Fax (714) 998-7574
WHEREFORE, the parties hereto have executed duplicate originals of this Agreement on
the day and year first written above.
^..1.,.1,.:,rt,-',l,;.iif,
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TOWN OF NEW CASTLE
STATE OF
COUNTY OF
Z -,(€/,&*;
)
) ss.
)
Acknowledged before me this RGl4day og /YaV ,2005, by
Mayor of the Town of New Castle, Colorado. /
WITNESS my hand and official seal. My Commission expires:
Public(SEA
SPECIALTY RESTAURANTS CORPORATION
By:Qo}M
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Wentzel, Mayor
Town Clerk
-8-
STATE oF CAL\€. )
) ss.
couNTY oF 6&frN(g )
Acknowledged before me this /Ab day of {uu€ , 2005, by
??tJto T*tzgeaf as C g'O of Specialty Restaurants Corporation.
WITNESS rny hand and official seat. My Commission expires: & -A7-6 4
Jry
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Public (SEAL)
-9-
LA-31-?AAS 15:4e RDCKY I,ITN REHLTOR 97A9A437?1-PRGEl
EXHIBff
Ert
A porcel of land in the SEI/1NW|/4 Sactian 25, Townahip 5 South, Ronge 91 lflest of the 6th
Pincipal Meridion being moro fulfir described os follows:
Beginning at the Narlh Quorter Conter of sqid Sectron 25,. thence S tt'45'29" W 1546-AJ feet lo a
poiot oi the Southweslerly right of woy of County Road No. 245 IHE TRUE POIM OF
'EEG1NNING: thence oiirq'"oiii right of'woy the t6tlowing courscs aid distqnces: S ll"t2'52'E
llJ.pg feel; thence 221.39 fee[ olong o curve to lhe- left hoving o lodiys of 591.539 feel ortd chord
of which beors S 20'2J'07" E 220.4[ fcet; thence $ 29'35'25" E 350.91 feet; thence 76.24 feat
alono the orc of o cdte to lhe left hcving a reCiue of -t4-o-99 feet ond o chorC of uthich beorsl
i.lS'+Z'SO" E Z6,09 feet to o polnt on sofd Sectron 25 Norih-$outh centerline; thenee leaving -saidiight of woy and olong soid North-South centedine S 00'02'00" 8 416-62 feet, the center ot soid
Siction 25i thence tedvinq soid Norlh-South centerline ond qlong the Es5[-West Centerlina ond S
Eg'11'4O" W 4J6-OS feet-to a point in Eost Elk Creek; lhence leoving soid Eost'lfiest centarline ond
alono lines in Eost Elk Creek the foltowins courses ond distonca: N ll'l9'50'W l24.ES feet;
thin'ce N 32'45'30" W 112,?l feet: thaice N 52'22'11" W l7l-59 feot: thenca N 1724'50* W
iiOt.SS feet; thence N 7g't5'4l" W 165.05 faat; thance N 34'48'38. W t7.16 faet: lhence t:_lyilp_
*st t* Criei N 6g'4:gllt'E t6E.6E feet; thince N 4f2o'J7'E 492.37 feet; thence N 6J'J6T\"
E |ZO-OO feet; to the troint of Beginning'
ALSO KNOWN AS
Porcel A of the Hubar S8-J5 Exemption Plat
Recorded March 13, 1992 ds
Reception No, 432547
1A-31-2EE5 15:43 ROCKY l'lTN RERLT0R 97E98437?1'PRGEE
EXITTBTT B
(loryell Ditch, Huggarty Enlargcment
Wuler Rights Conveyed to'I'own of Nerv Castle
Amount to be
Declicated to
Tovrn of New
(la.stlc
Prioriry
Number
06/18/1894
STATEOFCOLORADO
OFFIGE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
http://www.water.state.co us
ilIi:i "1'l{ffi
MAR 0 6 2007
. .- ,. --'4!-/
f?.Iifti;:ir- i..ii,r i.,\..;1.,:i-'i I 1'
nu irbil i g * ir 1../".1'J'''ll NG
February 28,2007
Bill Ritter, Jr.
Governor
Hanis D. Sherman
Executive Oirector
Hal D. Simpson, P.E.
State Engineer
Fred Jarman
Garfield County Building and Planning Department
108 8th St Ste 401
Glenwood Springs CO 81601
Re: Whispering Creek Subdivision Preliminary Plan
Section 25, T5S, R91W, 6TH PM
W. Division 5, W. District 39
Dear Fred:
We have reviewed additional information regarding the above-referenced proposal to subdivide a parcel
of approximately 12.92 acres into five residential lots with one single-family dwelling on each lot. The applicant
proposes to supply water through the Town of New Castle (Town). Sewage disposal is to be through individual
systems. Domestic water use, including 2500 sq. ft. of irrigated lawn and garden area per lot, is estimated to
total 2.8 AF annually.
The additional information includes an increase in the acreage of the subdivision from 12.77 to 12.92
acres. ln addition, a secondary agreement with the Town of New Castle to lease back 0.31 cfs shares of the
Haggarty Ditch, Priority Number 145A, will be used to provide irrigation water. The Haggarty Ditch will eventually
be turned over to the Town as part of the agreement. Note that the use of the water rights must not result in an
expansion of use and approval of a change of water right application by the water court may be necessary if
the place of use is changed. Prior to this office providing an opinion regarding the proposed irrigation use of
water right, and/or the necessity for filing a change of water right, the applicant must submit a copy of any
relevant decrees and a map of the acreage historically by the water right.
Based on the above, and pursuant to CRS 30-28-136(1XhXl), it is our opinion that the proposed potable
water supply can be provided without causing material injury to decreed water rights and is adequate. Due to a
lack of information, we can not comment on the proposed irrigation water supply. Note that future referrals may
require a more rigorous analysis of the Town's water supply. lf you or the applicant has any questions
concerning this matter, please contact me at this office for assistance.
MJVA//hispering Creek 4
cc: Alan Marlellaro, Division Engineer, Division 5
James Lemon, Water Commissioner, District 39
Mark J i, PE, PG, PHG, BCEE
Bafpn,HOGAN.,HOIIX
ARCHITECTURE & PLANNING I A.I,A, /P.C,
Whispering Greek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 9
FINAL ENGINEERING PLANS
Construction Plans for
Whispering Creek Subdivrsion
A PARCEL OF IAND SITUATED IN THE
sEl/4NE//4 SECTTON 25, T5S, RglW 6TH P.M.
GARFTELD COUNTT COLORADO
October 9. 2007
TOIES.
I. ALL CftSNUCNq TftIN A PIBUC RIqT-OF-WAY SU MEEI M EX€EO NE STANDARDS EST€USED IN frE LAEST
MINON f UE IOh PUBUC WGKS IANUAL AO/OR ffE CffSNUCNS SOFCANMS AND OE SUBICT TO
OASRVANON BY BE IOW PUBLIC ffiKS OIRECIOR. BE CANTY EIqNEER NO frE PROICT ENONEER,,
2. IN AS UUCH AS frE CONSNUCNON R€QIR€S UAI €RTNN AS$UPNflS BE MME REC&DING EXSNNG CilDINOIS. AID
BECAUS SOME OF iHEg A5$MPNOilS ilAY NOT 8E ERIflABL€ WNOUT EXPENOING AOOINQAL SUMS G MfiEL A
DESNONNG OfrERHSE AD€@AE G SRVGABE PORNfiS tr frE ROAOWAE ffi DITCBES. G' frSXEER IS NOTREPfl98LE Ftr CdOINONS OISCOEREO OURING CMSNUCTIE WIq OTIR FRd ffOSE INDICAED S ffE$ OR
OBER ORASNGs. THE CONMACTG, UPq MMING sUCH A USCOERA SHAI NONfY GE ONER REPRESENTANW ANO
ENONEER IXMEDIATLY FOR GUIOANE ON HOW TO PROCEEO.
f,. ENSNNG UNLINES ARE SHOh AS NEY ARE BELIEWO TO EX51 frES UNUNES, AS SHOS, UAY NOT ffiPRESNT ACruAL
flELD CGOIISS PRIOR TO NY EICAVANON, CON'RACTG $ALL C@TACI ALT fPR@FIAIE UtrLIIY CdPANIES FOR
LINE LGANSS. CONNACTOS SHALL NONFY PROf,CT ENOffEER OF ANY POENNAL CSRICE PRIM IO UIUTY
CGSMUCIil $ ffA] LINE fi GRADE CHANCES CAN AE ilAOE TO AWO A CilFIICT OF NY EXSNNG UNUII THE
CftNACTOR $ALL PROTECT ALL ENSNNC UNLINES FROM ONAG DURIilG CONSTRUCNS. ftE CONNAC]OR,
^T
NOEPSS TO THE OMER ffi PROSCT ENGINEU. S&L REPAIR ANY DAMAGO UNLINES,
a. BE COmACrffi SHALL ER|FY EESING PrPE OR IMHN rNERrS/oEPfrs PR|OR TO CON58UCtr0. Ny OTSGEPANOES
SHALL BE REPOREO TO ffE ENGINEER.
5. ALL EXCAVANOS Fffi UNLITY LINEs, RETAINING WALLS, ROrcWAE, EUILOING SNUCruRES, ORAINAG FAOUNES ANO
BENG€S, SIT MEEI BE RE@I8EUENi5 OF BE OCCUPANONI SfEIY NO HE&ft DMINISTRATIq (OSHA). COL$AOO
INDIsMIAL COUMISSON, CGORM UVSIfi ff MINES. OF frE C&GAOO OEPARil'NT tr NANYSTANA, HIq EWR
fPLIES
6, C@PACNO OF ROADf,AY MUST BE ANAil€O NO COMPACNON RESULE SUEMIEO IO GARFIELO COUNIY ANO BE
PROfCT ENGINEER PRIM TO ACGPTANCE. 952 SlAilOMO PR@TOR IS REOUIREO IOfl AL! ROAO COSNUCId ANO
m€NcI aaqBLL uN0E8 UE ROADWAE, UNLESS OTHERfrSE NOEo.
7. ffE CdnAfifi SH4T CONTAIN hIS CSSTRUCNON ACNVNES TO BE MEA frBIN NE SMEET RIGHT-S-WAY NO
PROPERIY OHEO. ffi EASEMENTS PROUDED TO THE COUNTY, BE TOM fi ilE OhER, N€ CdNACTM SHALI NOT
OPERAI @EIDE TIS AREA WBOUT NE PRIOR CSSENT OF TH€ PROPERIY OMER IN&WO- NY OAMAGE IO PRIVAE
PROPERft BY BE COftNACTffi @ISIOE EESE UMITs WNOUT frE PERMISSION OF BE PRIVAE M@ERTY ONER HLL BEilE REYdSAIUTY ff HE CONBACTOR.
6. EN$RE DRANACE AWAY FRq &L SMUCIURES IN ALT OIRECNOS, DO NOI &LOV WAER TO PilO IN SWALES
9. frE CilMACTS SHALL AT ALL NMES XEEP Trc FULL SEIs ff CSMACT DRASNGS MARKEO UP TO INOICAE frE
AS.BUILT CONOINfiS. UE ORAWflGS SHALL BE PROVDEO IO THE OUER AND HE €NGINEER UPON @PLENS OF NE
rcRX- HERE PR^CTICAL. NE CffTRACTOR IS TO PROUOE AT EAST Trc NES FROH PHEICAL MfrUMENIS TO U
FilNGS, V&WS. MANHES ANO NE END OF {L SERUG UNEs,
10, AU UILINES, 9ON UNOERGROUNO OR OWRHEAO, SHALL EE VAINTAINEO IN CONNUNS SERVG HR@GOUT BE ENTIRE
COSNUCNON EFIOO, EXqPI AS NOTEO IN frE SPECIT CNOINqS, ffE CONNACTOR $AU BE RESPSSIBLE ANO
LISE FOR ANY DAMAGES TO, OR INERRUPNq OF, SERMCES CAUSO 8Y ffE CONSNICNON.
1I. CqNACTOR TO NONFY UNUTY USRS AT LEAST 24 N@RS IN AOVN€ f ANY UILITY SHUI DOM, UffiE NON€ KAY
8€ RE@rnEO FOR UM CANECIqS.
12, FS NY CilSNUCNON ACtrUTY WfiIN C@NTY ROM
'2'5
RIqT-f-WAI CONTRACTOF SHALL PROVOE ALL WARNING
LISTS. 5IOS, EARRICADES. IAGUEN OR ONER OEM€S NE€SSffiY TO PROUOE FOR PUEUC SAFETY IN ACCffiOANCE WBB€ QRRENT MNUAT OF UNI'ffiM NAFFIC CONIROL MUCES. THg CONNACTM hLL BE REYONgBI FG ALL
CNSNUCNq ZNE RAtrIC CON& A CftSIRUCNON NFrc C6N& UUSI 8E SUBUIMO Fffi REVEW ANO
PPROVAL TO ffE OhER. PROGCI ENONEER, AND GARF'ELD C@NTY 7 OAE PRIOR IO COMMENCING CdSIRUCTId SfrIN
COLfrAOO RIWR ROrc RICHT-ff-WAY,
1f. q.SE OESERVAIONS AND REVEW CONOUCEO BY UE COUNTY, ]Oh M PRO€CI ENGINEER OF CONSMUCNON OR WORX
IN PROCREsS ARE NOT TO 8E CONSMUD AS A GUffiANEE M WNRNfr BY frE COUNTY, TOR OR PROfCI ENGINEER
G BE CWPLETEO rcF( ANO BE CSRACTOR,S RESPONSIBILINES.
14. SAFEW IS BE CONTRACTOR.S RESPONSIEILITY, BE PROICT ENGINEER. ffE ORER, ffE COUNW ANO G€ TOM ARE NOT
RESPONgBLE FG SAFETY IN. @ OR ABWT frE SIE, Nffi fOR COMPUANG BY BE APPROPRIAE PARTY HU ANY
RE@LANONS RIA'NG tsERE'o.
15. NE CONNACTG SHALL TAKE A!! APPROPRIAE PRECAUNilS TO SGNIFICANIY REDUCE ANY POTENNAL POLLUNON
CAU$D AY H6 ACNMtrES, INCLUDING WHIff FUELING, STORAC Of FERNUZERS ffi ffEMICALS, ETC, BE CONIRACTOR$A[ HAE IDENNFIEO PR@OURES FOR HANDL'NG POENNAL POLLUT&Ts NO HAW IDENNNEO SPILL PREENNON ND
RE9ONS PR@OURES PRIOR TO ANY ACNUNES AI BE P8O€CI SE.
15, BE CSRACIG SHU NOI SCALE DRAUNGS FOR CSSNUCNON PURPOSES, NY VISSING OIMENSIONS G OISCREPANCIESIil PLANS. FIELD STAXING. OR PHSiCAL FEAruRES SHALL 9€ BROUfrT IO BE AT]ENION S EE PROJECT ENGINEER. IF
BE CqRACIffi PROCEEDS S* NE rcRK WfrOUT NOTIIhNG frE ENGINEER. HE rcEs SO AT HIS ON RISK.
]7, PFEPARANOil Oi SiffiMFAEF MAilAGEIENT PLAilS. FERMiMNG AilO COtrPLIANCE Aii TiE FESPS$BiL i Of frE
mNnActffi.
1A. OISPOSAL 6 NAg, ASPH4T. CONCREE NO OfrER C&STRUCIil OESRIS IS frE CONBACIORS RESP69AIIT ANO$AU 8E CONSIOEREO PART OF BE ffiK.
19. AU EIECMIC, ILEPHONE, CABLE AO GAS UILITIES UUST MAINTAIN J-FOOT ilINIMUM OEPN BELOW ANY DIT& GOSSING.
20. U EXCAVANONS FG UTILITY LINES. RETANING WALLS. FOAOWAE. BUILOING SNUCTURES, ORAINAG FAOUNES AND
MENGES. $ALL UEET EE REOUIREilENTS ff BE OCCUPAIOAL SA'ETY ANO HE&B SMINISTRATION (OsHA), COLffiADO
INOUSTRI& COMMISSOil, CGORADO OIU$q OF MIIEs. 08 frE COLORAOO DEPARilENT S NANSPffiTANON. MIq EER
21. ALL ilSruRAED AREAS UUST 8E REEGTATO. EilPqAAY NRIGANS MAY 8E REOUIFED TO REESIABLISH EETANON.
22, rcDNONAL NOES ARE LOCAEO ON IHE OETAIL SEETS.
3CALE:1'- 1dX,
Sheef lndex
Sheet#Title
TEGEND
f--re ExrsrN. Bo^or^Y
- -57U- - - ErsnNG 2' CONToUR
- ESSING rO CilT@8
PReosEo ?' cqr@R
PROPogo t0' cqT@R
ilaPPto 100-n FLoooPurN
PROPOSEO SEOIUENT CONNOL FENqNG
PR@OSO CULtrT fiAAEALE INIET PROECNd
EASEilE!1
BUILOING ENEIOPE
PROPERft LINE
CENERIINE
EXSNNG FENC
EXSNNG OITCH
EXSNNG rcP OF BNK
EXISNNG OERHEM UIUTIES
EXSNNG ELEC,/ELE/CABLE
EXSINC GAS
EXISING 6" WAER MAIN/VALW
PROPOSO ELECnTC/ELEPHff E
PROPOS GAS/t€CRC/rEGPHSE
-6-s-a-
PR@OSo CASY+V- PR@O$D WAffi SAIN/VALE
MEOSM FRE HMRANT
+-'s-"r-"s-+ pReosEo WAER SRUG
dl PRoPosEo ELEcmc,/EEPHdE aoxEs
T-1 - 77fl6sh€€t
PIAT-1- Plat
PIAT-2- Plat
GR-l - Gtading, Dninage and Eror,iort, Conbol Plan
PP-1 - Ptan& Pofile: WhbFring Larc
MU-l -MasterWtgPbnDET-1 - Miseilaneous Detail Sheet
DET-2 - Misellaneous Detafl Sheet
PROPERTY OWNER/APPLICANT:
SPECIALTY RESTAURANTS CORP.
ATTN: JOHN TALLICHET
819'I E. KAISER BLVD.
ANAHEIM, CA 92A08
71 4-279.61 00
BOUNOARIES UNLIMITEO INC.
AT'TN: DERIC WALIER, PE
E23 BLAKE AVE., STE. ]02
GLENWOOo SPRTNGS, CO 81601
970-945-s252
SUR\EYOR:
TUTTLE SURVEYNG SERVICES
ATTN: JEFF TUTTLE, LS
823 BLAKE AVE., STE. IO2
CTLENWOOO SPRINGS, CO 81601
970.928.970E
PLANNER:
BAXER+HOGAN+HOUX
ATTN: MARC HOGAN
PO BoX 93r
160 EAST AOAMS
ERECKENRIDGE, CO 60424
970.453.6880
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FILE INFO:
T-1
NOIES Final Plat
7, ALL EXTERIG TIqNNG $A[ 8E DE ilIN'UUU AU@NT NEGSSARY NO AU EXEFIffi UGNNG $AU BE
OIRECEO INWARO. TOWAROS NT INERIffi G N€ SUBDIV$ON, EXqPT BAT PROMSIONS trAY BE TAOE TO
UOW FOR SAi€TY UEING BAT C€S 8€YMD TH€ PROPERTY A@NOEEs.
O. NO ruRfrER DIUSISS OF LAND SNIN frT SUBOIMSION SLI BE ALLOffiO,
9. C(ORADO rS A 'RrqT-TO-FNX' STAI PURSUANT rO C.A.S. J5-J-!01, ET. SEO. LSOOhERS, RE9oENE ANO
VSIIORS trUST E PR€PAEO TO ACCEPT NE ACNUNES. 9C86, S@NOS ANO StrEILS 6 GARFIELD COUNTY'SAqIqULTR& OPERANSS AS A NORMA NO NEGSSARY ASPECT tr UVNG IN A COUNIY UU A STRONG
RURAL CHMACER AilD A HEAIBY FASING SCTS. AU ilUST 8E PREPMEO IO ENC@NER NOISS. OOOR.LIGE. UUO, NST, SMre, CHEUICALS, UACHINERY O PUBIIC ROSS. UWSIOfl M PUBUC ROADS. SItrA€
AND OISPOSAL S UANURE. AND HE PPLICANON BY 98A!NG OR OTHERilS S CHEMIC& TERNLIZERS. sOL
AMENOUENE. HERAIqOES, ND PE5NqOE5, NY ONE OR IORE S UICH UAY NAruRALLY OC@R AS PfT G A
L€G& ANO NON-NECICNI AMIdLTRI OPERANftS,
10. AU ONERS OF LAND. WEIHER FANCH OR REgDINCE. AAE OELIGANMS UNOER STATE LAW AND COUNTY
RE@LATOS frff REGMO TO BE MAINENANG tr FENCES NO IRRIGATON OITCHES, CONMILIXG EEOs.
KEEPING UESTq NO PETS UNDER CONNOL, USINC PROPERTY IN ACCSOANCE SB ZONING, AND OffER
AYECIS OF UsING AND MAINTAIN'NG PRffiRI, RESOENE AND LANDOBERS ARE ENCOURAGEO TO ENN
AB@1 frESE RIEIS NO RESPONSIEILINES ANO ACT AS G@ NEIGAORS ANO qNZENS OT frE C@N[. A
c@ rNTFooucroRy soR€ ff rNrGilAnoN 6 'a GU|0E To ruR[ Livilc ANo 5MALL scM AffireLruRE'
PUT @T BY TH€ COLMAOO STAE UIIWR$T EXENSIq SNC IN GARFI€E COUNTY.
II, EASO ON NE ANALEIS tr SUB-SOILS il BE PREERTI INOIUOUAL SEWAtr MEAilENI SEEMS NO
EOUNOAION OEgGNS ARE REOUIREO TO 8€ CilNCEO BY A R€GSTER€O PF6ES9ONAL ENONEER LICENSED TO
PRACNCE UfrIN BE STAE OF COLORADO, GESE SruOIES ANO PLANS SHAI BE S!8MMD ilT INOIMOU&
fuIUING PERCII APPUCAN@ Ftr EAG LOI, flE COST OF ftES STUOIES SHALL BE E@NE BY TtsE INOIVOUAT
OMER.
12. AlL SMEETS ARE DEOICAEO TO TBE PUBIIC 8UT ALL STREEE SLL BE CONSIRUCTEO TO STANOAROS
CONSISENT wB SCnd 9135 G UE SBoruSlON RE@LAnq OF 1984. AS AMENoEo N0 REPAIF ANo
MAINENAilCE $AIL BE ffE RESNSIAIUTY tr lHE INCORPORAIO HOMEOMERS ASSOCIANff ff ftE
$mrM5rN.
1]. DE MINERI RIGIS ASSqAEO STH EIS PROPERTY BAE AEEN SEWFEO ANO ARE NOT TUTIY INTACT OR
NANSFERfiEO SB B€ SURFAG ESTAI THEREFGE ALLOSNO ftE POINTIAt TM NAruRAL R€SRCE
EXNACNS ON BE PROPEFTY BY HE MINERAL ESIAE OhER(S) OR LEASEE(S). AT THE NIE O' FINAL PLAT
APPLICANO{, BES OUER(S) ARE:
2.
5.
*EqALIY RESTAURANTS CffiP,
6191 E. KA$R 8LW.
ANAHEIU, CA 92E06
ac@r.@taFdcw,@@ebtud@@tulntuwtutu@{ttWHtuduet htudwqtudabbdwdyUE, hbgwbM@Mbwfu b u. {h.nr!*e tu
ilARY TORAINE JACKSON & SEBA &NSE
2926 ELLINGTq AW.
GRAND &NCtrON, CO 61504
8191 EAST KAISER BLVD.
ANAHEIM, CA 92EOE
711-279-6100
TUTTLE SURVEYNG SERVICES
226 HEATHER LANE
GLENWOOO SPRINGS, CO 81601
970-928-970E
BOUNOARIES UNLIMITED INC,
82J BLAKE AVE,. SUITE 102
GLENWOOD SPRINGS, CO 81601
970-945-5252
BAKER-HOGAN-HOUX
P.O. BOX S31
BRECKENRIDGE. CO 40424
970-453-6aEO
BE 8A95 OF BEARNC F@ Ers SREY 15 NOO!2'OO'W tOC DE NORU / sOUfr CENEFUNE q SECId
25, TORSSIP 5 SOUT, RNS 91 EsT G BE 6ft P.M,. AS SBOtr tsEREON.
frE REAI PROPERTY ffiSffirEEO HERETN tS $Af,CT TO BE EFUS. PROV9ilS ANO CONOTION S (l) GARnEU
c@NTy aPpRov{ FEso[uril No. 2@7-66 caproEo 'A REsoLUnoN csGRNEo frft THE AppRov& s A
PRELIMINSY PLAN APPLICATIS FOR THE UISPERING M€EK SUSOiU$ON. RECGDEO AS REGPNON NO, 7]0280
ANO ([} NE OECLAFAIfl S COWNANTS. CONDIIONS, RESMICNONS ANO EASEMENTs Fq BE HISPERING
CREEX SUBDTVSfl aECffiOEO rN Affi __ AT PAG ___ NO RECEPTil NO._______
(HERETNAF[R'PRoEcrE cowN^NE ).
TOP@FBY SBOfr HERE ON 15 BASD q SHEET C-16_2 OF BE CAORAOO FIWR ND TRIBUIAES FLOOO
PLAN SruDY PREPAREO FOR GARFIELD CruNfr IN DECEMBER !962.
&ILOING ENWIOPES 8E AS CALLEO @I il HIS PLAI,
qE (I) DOG S[ BE UOEO FG EAq NEW RESIOENNI UNIT ANO NE OS SALL BE REOUIREO IO B€
COFINEO SBIN BE ONER'S PF@ERN BOUNDMIES.
NO NEW @EN HEARn S@ro-ruEL nREPLACES ULL BE ALLOffiD ANmERE SnrN ff€ $Borvgd. NE (1)
NEW s&O-'UEL EURNING STOE AS DEfINEO EY C,R.s, 25-7-€I, ET.sEC,. NO NE RE@IANOS
PRWULCAEO BEREUNOER. HLL E ALIOIO IN AilY OULUNG UNIT. ALL OELUNG UNIE S[ 8E AIOEO S
UNRESNICEO NUMEER tr NAruFAL GAS BUFNING STOES NO APPLIANC€S,
(NOW ATt MEN BY NESE PRESNTS:
BAT BE UNDTF9QED SPEO&IY RESIAURAilE CMPORAION IS fr€ OtrER ff UAI R€[ PROPERry gruAEO IN NE COUNTY
oF GffirELO. SrAE f CqmDO ANO BE|NG A PMT OF ffE LNO 9ruAEO ril_TBE SErl4NWr/4 sEfrON 25. TOmsHrP 5
SOffi, RANGE 9I WE$ Of NE 6TH PANCPA UERIOIAN (FffiilERLY KNOM AS PARCEL A tr BE HUEER SA-35 EEMPNOil PLAT.
AS PLATED AND nLED ril qE CARFTELD C@NTY ffRX ANo RECORDTR'S OF8CE XMCH 13, 1992 AS REGPnil NO. 432547). AS
SHOM ON NE ACCilPAINNG PLAT. SAO E& PROPEFTY BEING UORE PARICULARLY OSSCRBEO AS F&LO6:
B€crnrrnc ri rHE NoRB ouffiER coRNER ot sao sEcloN zs, frENcE s rr'4s29'w rs46.2J fffi To A porNr oN THE
SoUTHYESERLY RIGHT OF W Y OF COUW RW NO. 245 frE mUE POINT Of SEGINNINGI THENCE {ONG qO REHT OF wAY frE
F[LOfrilG COUreS NO OISSCES: S 1 l'12'52' E 11J.@ FEg: THENCE 221.]9 FEg IONG A CUffi TO DE tEr UUNG A
rurUS Ot 691-5a' [, NO A CHORO OF $HICH 8ff5 S 2CZJ'07' E 220.11 fifri BENCE S 29]J'25' E 150.91 Efri
NENCE 76.24 Efl &ONG IHE MC OF A CURE TO NE EF MVNG A ruIUS OF J49.99 FEfr ND A CXORO OF BICH Bffi:
S ft17'S' E 75.@ FEfl TO A POlffi U $D S6ION 25 MTH-$UH CEmRLINEi IHENCE 6UNG SAD RlGfl OF f,AY h0
{ONC qD NOmH-SOm CEWtulNE S m02'00' E 415.62 Etr, BE CENTER OF 9D 5EmON 25i THENC€ CoNIINUTNG AONG
NE NOM-SM CEMEffLINE S @02'OO. E 70.19 Eg: B€NCE IASNG 90 NORft-SOUTH CEffiRUNE 1]5.J2 TEfr IONG
THE ffiC OF A CUM TO BE E[ UMNG A WIUS OF I9O.OO fEfl NO A CHORO OF WBIq Affis N 7q2''IO' T
rJ2.47 FES: ftENCE S E9rl'40'W 167.7a'; THENCE N @a6'20'r 12.77 ffr 10 A POrm IONG BE ffi-WEg
CENTERUNE: THENG S EgII,€. W !JO,@ f€fi IO A POM N W €!( CREEX: THENCE BVNG $O ffi-SES CENTERUNE
A0 {ONC UNES ll EE EU CREEX THE FOIOVNG COURSES ND OI$NCE: N ll'1E'50'W 124.88 Eni THENCE
N 3245'30'f, 112.71 EFi BENCE N 5?22'14'W r7r.59 EET: TH€NCE N 172a'S'W 250.85 FES| BENCE
N 7915'48's 155.05 F€f,: THENC€ N !{465'W 77.46 EFI ftENCE EUNG ry ELK CREEX N 5ya9'21'E
18,86 FEfri IHENCE N 4'20.J7. E A92,37 Efl: THENCE N 6']6.0I. E !2O,OO [8i TO THE POINI OF BEGINNING.
5AO PMCEL CGTANING 12.92 AGES. !ffiE OR ESS,
BA] STO OMER HAS CAUSO ffE SAID trAL PRPERTY 1O tr LAIO ANO SURWEO AS trIYERING qEEX SUSDISSION. A
SUSOIVSION OF A PffiT S GAFFIELD COUNTY. CqORAOO-
NAT SAO OWES OGS HEREAY OEDICAE NO gT PffiT A[ * TNE SNEETS ANO ROrcS $Otr ff UE ACCEPNNNG PLAT
IO UE US $ BE PUBUC FffiEWR, 8E UAINTANED BY THE HfrEOtrERS AS$CIANS ND HEREBY DEOCAES IO flE PUBLIC
UILIIES BG PffiIilS S SlO REAL PR@ERTY WICts ARE IAEEUO AS UIUry EASEUENTS O BE ACCqP&NNG PLAT AS
PERPEru& EA$ilENE Ffi BE IN5TUANfr NO MANENANG OF UNUNES, NAUONG BUT NOT LIMIEO TO BAER LINEs.
ELECRC LINES. Gls tlNEs. ItEPHONE LINES: TGTHER [n THE FlilT TO nlu NERFERING TREES AND BRUS: Sn
PERPEruAL RIGT S INGRESS NO €GRESS Tffi NSTAUANft AO MANINANG OI $CH L'N€S. SUCH
'ASEMAE
ANO MGHIS
SHAI 8E UNUEO IN A REASON&E ND Pf,UDENT IANNER.
BAT SAID ORER O€S BEREAY OEOICAE IO ffE Hq€OhERS AS$OAId ffOS PORIIBS f SAIO REAT PR@ERTY #ICH ARE
TAAELEO AS UNUTY. ACGSS, IRRIGANON AND ORAINAE EASEIENTS fr BE ACCWPANNNG PLAT A5 PERPETUAI EASEMENE FOflflE OESGIBE! U$ &ONG Wfr INSTILANfr ANO UANENANCE G UNLiNES. POIAATE WAER. IRRIGATIq AND ORANAG
FAOUIES. TNCLUDING 8UT HOI LlulED TO: SAREO POIABE WAER SEEM PIPE LINES, AND Hrcf,ANTS: lRRrGAtril WAER
SEEM OITGES, PIP€ IINES AO STRUCruREA ND ORAINAGE SAUCruRES ANO TAqLIN€S,
NAT ALL EXPENS Effi SNEET PAUNC OR UMOEMENE SBAI AE ruRNISEO 8Y BE SEILEF M PURfrA$R, NOT AY NE
COUNTY 6 GMEES.
IN ilNESS UERE6 SAIO OhER HAS CAUSO HIS NAME TO EE HEREUNTO $BSfrIBED frIS
-
OAY OIA.0..200--.
8t _____
RONALO TIssEE CHARTES A. & IOA E, EAR
C/O ALEX KISSEE NO (NOW ADORESS
529 OONEGAN AE,
GLENWOOO SPR|N6. CO 91601 XARL O. & HAZ€! R. LARSON
NO XNOm AOoRESS
14, OEELOPMENT UBIN BE FLOOO PLAIN IS SUSJECT TO GMNTIO C@NTY ADMINISTRANE Pf,RMITNNC,
]5, I] IS B€ INOIUOUAL LOT ONER,S RESPG9BILITL ACCffiOING TO BE CGORAOO NOXIilS EEO ACT NO
CNFIELD COUNT/S reEO MANAGUENI PLAN, To MANAGE ANY NoxIoUs EEoS oN HIS s HER PRoPERTI
16. GRADING fffi CONWYANCE OF SIORUWAEA AWAY TFOX SBUCruRES ShALL BE BE RESNSIBIUTY OF TAtr
LOT OHM. AU OMERS S&L ALLOW
'M
CONWYANCI OF STORilWAER TROUS B€IR LOT. BUILDING PERUIT
APPUCANONS FOR ALL LOrc SHAU INCLUOE A GAOING PLAN DE9qEO SY A PROFESSId{ ENONEER
REqSERE0 tN nE STAI S CqmAOo
17. SILS ESNNC WAS P€RFORMEO NO A CEOTECHNICAL R€PORT WAS PREPARED BY CTL.BOTPSON, INC. OAEO
AU@sT 16, 2005, JOA NO. GWO459I-115. EUILOING PERMIT APPTICAN$S FOR U LOIS SHALL REOUIRE A sIE
$ECINC CEOEGNICAI IffWSIIGANS ANO MIreN REPffii ff RECOUMENOATISS TO OEIERilINE PROPER
F@NOANON OESICN AIO MINGANON OF POENNAL GOLOGIC HAZMDS.
16. HE C&ORAOO OIVSION 6 SLOLIFE SHALL EE HED HARMLESS FRq ANY ND A[ qAIMS FOR OAUAC TO
LANDSCfING ITPROEMEITS, FENCINq ORIAUENTAL. NANE NO GARDEN PIANE RESULNNG FRW BE
ACIUTIES S N!DL'IE..
19, CARFELO C@NTY MOSNITO UANAGIMENT PERSSNEL AftO CON]iACED PERSONNEL SHALL BE OWN ACC€Ss IO
ALL EASEUENTS AND DEED RESTRICED AREAS FS NE MANAGMENT tr MOSOUITGS AS NECESSARY. frE
HNEOMEFS ASSftIANON SHAIL 8E FE$N9ELE FOF MNAGEMENT G HOSOUI'OES IN ANO AROUNO frE
PONO- CONTACT B€ GARFIELO C@NTY WCEIAION XANAEMENT OFNCE FOR BRRENT NFMUAtrS REGAf,DINGiloswrrc lANAqMENT.
20, NIS SURWY OOES NOT REPRE$NT A I[€ SEARCH BY ruIR€ SURENNC SERVCES, INC- IO DEERMINE
OtrERSBIP OR EASEUENE S RECORO- ALL INIffiMANON RECAROINC ONERSHIP. EASEIENTS AND ONER
ENAMER'NCES tr RECOIO WAS OATAIIEO FiOM AND SUBJECT IO A NU INSURANG COMUIilENT I:sUED EY
CWMONEALG IIE OF GARFIEE COU{TI INC., RIFL€, CO, fiD€R NO. O4OIO45. EFFECNE JANUAFY 20. 2004,
21, AODRES$S AAE TO AE P6EO BERE frE ORIEWAY INERSECTS hB BE C@NTY ROAO A5 ELL AS S BE
INOIVOUAL AWES NO/$ ffiERE $NEE DRTES INERSECT SG fr€ SHARED ORIEWAY, LENERS ARE IO 8E
A ilINIMUM S 4 INGES IN HEIGHT, 1/2 INtr IN UON AND BE IN CONNAST IO EACKSNNO CftffiS
22, TO MINGATE NRE BAZARDS. EACH TOT OMER SALL INCORPORAE AND MAflTAN A OEINgBLE WIOflRE ZONE
AS SET FORTH IN BE -CGMAOO STAE FOtrSI *RVG PUEIICAIM 6.J02-
2J. NO ACGSSORY OELIING UNITS ARE PEilIIED UfrIN fr€ KISPERING CREEX SUAOIUSON.
2{ A[ INDIVOUAL SEWAGE OISPOSAL SEEMS $ALL BE SEBAq flFTY (50) FEET FRq BE TOP S HE BANK OF
EAST ELX CREEX.
25, A IO'fiANAGE EAS€MENT SHAI BE GNEREO ALONG ALL PROPERTY LINES,
W
Rtc, rag@6 ffi-971, FAe-990
ROSfiT C. EANES NO AAR6&A I, ENES, NUSES UilOER ilE CdTd REVOCEE MU' AE'E*NT d ROB'RT C, EAN€S NO
SARBARA L, EAEs oAED FEBFUAY 20, 1S95. HE pmESS rS 1579 C&NTY ROAo 2a5, NEt CA5IE. @m&O, Fq G@AO VALUA4E 69O8Aiq HEreBY *LL ANO QUT qAI TO f&ER HUSR NO MEA !. HUBER, AS SIIT ET&E. S@
aomEss rs l79t @NlY RoAD 2a5, NEt clslE. coLoRDo a1647, BE fUOfrXG ru& PReEFIY IGAEo rN Gmfi€@ COUNI
@ a snrP @ IAND 20 FEEI N Soil tO AE U@ AS A ROAD AC€SS EA$tEila EENC tO EtT ON €Ae SoE SBf F(LOS{C E56EED CNEruNE:
aEGffMno AT ftE SUE^SY C6NEi @ B€ SE1/SS/a OF SID SECIA 25, n&G S, 69rr'@'f IO.OO FEt ^!d6 nEs@fr&y uxE ff $o gr/4is/4 rc a Poit d uE eNffiLflE F sArD Fop EAsuEfli 6Erfl6 ffE nuE PqNT @
AaONNTNG 6 SA|D GilERUNEi Bfr( &SG 5AO CfrBUNE EE F@OSXG C@FSS A0 oTSINCS: N.000200" * J!4,25Eli BEXCE t. tt5607'* 189-!f, ruT; BENe H.07'14'@'* 49.@ E€Ti frENC il. 19'a200'fl 59.00 tET: BE{G f,.
26'25'@'{ t2@ FEET: ffEffe i- 2457d * 76.@ EEI: nENG il. y16'@'f 91.@ EIi BSG ff.4vS'S't 57.&FEI: sEilCE x. 16'51@' w. 66.00 FET: BENG N. 06'4500' E. 82.@ EET; ilAe fl. relJoo' * &.@ EI: Baflr N.
07'a90C l. 97.00 EET: frEN€ r. 07'!9'm'* 97.@ EF: ftENC N, tJ!50@'f 5a@ El mi€ fl. It25@'t. 84.@
FET: frEtG tr. zl'al 0O' * 9ZOO EEli NEne N- 10'176' fl !z@ ET: BSq i- 5C06 0r' €. 62.@ FIET TO A PgffT ftB€ ISERLY FIftT-OF-*AY UflE * C&IED C&{TY ROD NO 2'5. HS€ ftE NGff OUAFEH CMER d SAO gfiil 25
Bams r. 1a's7 5J' E, r2r2,G fft,
ru a smP 6 wo 20 FEr rff sDn. us a5 A RoAo AcEss aasEMBT. SDAEo rN nE gr/as/4 oa scn6
21, rofi$rP 5 sGB. RAile 91 E$ C BE SXB PRNqP& raRror^N, S€|NG 10 F€aT ft EAq 908 Oa frE
'OUOSiG
BEGiNTiC AT M @ilEAsT CBNER 6 5^0 sEl/a$/a. ilENG S. 6e.il 40- * 1O,@ FEr ALdG BE @il*LY LrilE d
s^ro grlatr/a To a Pq{T o sao €NERL|IE, H mua Porilr 6 EonilNq ff€Ne {oNc sao €NERLTTE BE FeLosNG
c@R$s aNo Drsrac€s N. 00'02'm' f, 114.25 FEEri BEfl€ N. Jr$'07' * 169.!3 EET: nEnCE N. 07ra'm' t .9.@ EEri
ffENG N. l9'a2'@' * sg.m EET: ftaNe N- 26'25'6' f, 92.@ FEI: flSG N. 22'57'00' * 75.00 ET: BENe N. !ri6 @'f 91.00 FEEI: BENG N. 45'J5@'* 57.00 tETi nEilG il. 18'51@'*. 86-00
'EET;
BENCE N- 6C05OJ'E.75.@ FtEl. l@Eoi LEs. To A PqilT 6 BE [sEtuY RrdT-S-WAy UNE 6 CffirE@ C@f,ft RO& ilO 245.
SUR\€YOR:
ENGINEEFi
PLANNER:
LAND USE SUMMARY
JGN D, TALLICHET. CHAIRMAil
YECIALTY RESTAURNE CORPORANON
619! E. KNSR BLW.
NAHEIM, CA 92AOA
SIAE 6 COLORADO ))ss
COUNTY @ GARFIELO )
HE FOREGONG OEUCANOil WAS ACKNOIEOGEO 8EFOre ME BIS.--- OAY OF-.____--A,0., 2OO_.
ilfrEss MY IiAND ANO SEAL
BI5 PIAT WAS FUD FOR RECM IN BE MCE q ftE CLER( ANO RECORDER OF GARflELD COUNTY. CCOFADO, 41
-_-oc!@x J., Drs _-___ oAY s____. 2@_. rN Eofr _____. aT PAE__. FEGPTTON NO. ______.
AmST:-_____qERK & RECORDER
BY: -------OEPUIY
BIS PLAI. PPROWO BY BE BOAFD OT C@NT COMMISSIONERS tr GARFIELO COUNTY COLffiAOO, THIS --- DAY tr
--_*_--A,0,
Z@.-
'OR
NLNG Sfr ftE qERK AO RECORDER 6 GARFIELO COUNTY ANO FOR CftEYANG TO BE
C@NTY ff IHE PUAUC DEDICATISS Soh HERE@: SUBfCT IO nE PFOvSlq BAT APPROVAL rN NO WAY OBLTGAES GARFTELD
C@NTY FOR THE FINANCINC tr CNSNUCING tr IMPROWilENTS il LANDS, PUELIC HIGHWAE, OR EASEMENE OIOICAEO TO NE
PUSLIC EXCEPI A5 sPECIFICALLY AGREEO TO EY THE EOARD OF C@NTY CWMI59flER5 ANO FUR]HER ftAT SAIO PPROVAL SHU
IN NO WAY @LIGATE GARFI€LD COUNTY FOR frE CONSNUCTION, R€PAR OF MAINENANCE OF PUEIIC HIGHWAE,
SOARO 6 CfuNfl COMMISSilERS
OF CARFIELD COUNN, COLORMO
oAE:---
STNESS ilY HNO ANO SEAL OF frE COUNIY G GARFIELO,
AmST:
-_----COUNI CIRK
#PROEO Ffi CONINI NO fGM ONLY ANO NOT frE ACCURACY OF SUFWE, CA!@LANONS OR ORAFINC- PURSUANT TO C,R.s,,
197J, Ja-51-ro! ANo r02 (REvsEo).
BY: --------GARNELO COUNry SURWYOR
r Useoble Spoce
2.67
2.52
2.71
2.O5
2.O4
2.O4
2.O4
^/R/Ro
^/R
/R0
^/R/RO
^/R/RD
T.B.D. hispering Lone
T.B.D. Whispering Lone
T.8.0. Whispering Lone
T.8.0. Whispering Lone
Totol Lot Areo 12.92 Ac.1
Whisoerino Creek Su bdivision
A Resub aivlsion of Pdfcet A of the Huber SB-35 Exemption Plat
A Parcel of Land Situated in the SE1/4NW1/4
secrion 25' rown'Egi:;t!;r1&izzf"'*y:st or the 6th P'M"
EEStr{G tASIENT
REC. 1132229 BOq-425, PAGE-I2E
EGI 0ES6rPrS 6 ftRU ACCESS rN PffiC€t
A SNP 6 LNO BIRT FET IN WDU IM BE PUMO$ S ACESS. DRANAGE NO IRRICANS OTCH EASM€NT, EEING I5
'EET
il EAG
90E Or BE FqLOSNG OESGTAEO CENIRUNE. BEoNNING aT nE UfrEAST CORNER tr EE g l/4 NA 1/4 G SAIO ECnON 25i BENC
ALilG BE $UE tINE 6 SAIO SE I,/4 NW I,/'. S, E9' 1I. 40" T I5.@ FEEI TO A PqNT N NE CENERLINE f SAO EASMENT; NENG
frE FUOSNG CWRES NO OrsTNcEs &oNG SAD EASEUENI CENERUNE N. @'O?'00' f 2r9.5a ft€Ti BENG tS.77 FEET ALONG nE
ARC OF A @RE TO BE LEFT. HAVNG A RAOIUS OF J24.96 FEET. A €Nn& ANeE 6 24 2A'W', UENG N. 24' 10 00'W. 300.@ fEETi
NENG 196.75 FEEI ALilG fiE MC OF A CURE TO frE LEFI, HASNG A RAOIUS S 990,24 FEET, A CENNAL &CE S 11'JO'@"i
BENq 7I.26 FEE] AL6G BE Nc oF A CURE To BE RIGHI. HAVNG A RAoIUS 6 42.09 EET, A cENmAL ANtr oT 97' oo'oo. To A
PONT ON DE SOUBESERLY RIGHT_6-WAY S CQNfr ROAD NO, 245, N€ POilI 6 ERUINAION,
EXSNNG EASUENI
REC. 126550r BOq 5r0, PA@ 16
BE NE1/4Sm/4. gcnff 25. lOfrSrP 5 $Uff. RAilGE 91 ESi S frE S|XB PRTNCTP& lERlorAN. CSTArntNG a0.0E AffiEs, MORE OR
LE55.
IOqBEi Ufr A UNUTY €ASMENT 20 IET IN SOB LING SOUTHERLY ff THE ffisERLY EOUNOARY IINE q GARTELO COINTY ROAD NO.
2'5 NO BEINC 20 FEET AT ALL POINTS ISGRLY S ftE EAST LINE S ftE SEI/4Nfl/4 C SAO SCNON 25, SAID EASEUE(T AEING MORE
PARICULARLY OESGIBED AS FOLLOffi: BEqNNING AT ftE SAffEAST CGNER oF BE SEI/4NU/4 G S{D S€CION 25. BENC€ S.
A9'II,4O. *. IO.OO FEET ALOG NE SOUNEFLY UNE OF SAD SEI/'Ifi/1 TO A PqNT fi GE CENTERLINE fr SAD UNUTY EASMENI|
BENCE N.OO'O2.OO. f 416.62 FEET ALSG SAD GNERLINE TO A POINT ON BE ESERLY RIqT_6-TAY UNE S SAIO C@NTY FOAO.
IOCBER SB A SNP OF LANO 20 FEET IN flDH IO 8E USEO AS A BOAD ACCESS EASMENT, AEING 10 EET Oil EAG SOE 6 BE
F&LOUNG DESCRIBEO GNERUNE: AEONNING AT E€ SOUIHEAST CORNER OF frE Sr,/4Nfr/a G SAl0 SECne 25, BENCE S. 69'11'40' w,
10.00 EEi aLoNG BE SOUffERLY UNE OF 5AO SE1/4fr/4 rO A PqNT 0 frE CENET|NE S SA|O ROS EASUENT, BEING BE FUE
PqNT tr BEONNING tr SAIO €NERUNE: frENG N, OO'O2.OO. {. 514.25 FEET ALONG SAID CENERIIN€: BENG N. J7'56'07, f, 169,f,5 FEET
ALilC SAIO CENERUNE; THENCE N-07'14,M.49-@ IET &ilG SAIO €NERLINEi BENCE N. 19'42'OO. [ 5S.@ FEET ALOG SAIO
€NERLINEi BENG N. 26'25'00' f,. 92.@ FEET ALONG SA0 CENERUNEi frENCE N. 22'57'0' H 75.00 FEEI [ftG SA0 CENERLINEi
B€N€ N. J7'18'0O'U 91.00 EEI ALONG SAIO ENERLIiE: THENG N. 45'J6'o0' w 57.00 FEET ALilG S&0 eNBLTN€| BENq N.
lE 5l'OO' f, aE.OO FEET ALoNG SAID CENERUNE: frilG N- 06'45'00' E. E2.00 FEET {ONG SAD qNEFUNE: BENG N. 10'!J'00" W. E5.OO
FEIT AIONG SAIO CENEFLINE: ffENCE N. 07'J9'OO'w 9700 FEEI {ilG SAl0 GNERLINE| GgNq N. 1!'5000'w 5].00 FEET A!ffG SAl0
6NERUNE: BENG N. 15'26 m' I E1.m rEEI [qG SA0 GNIruNE: ThENCE N. 2J'46 @' [ 97.m FEET &ONG 5Al0 CEilTERLTNE;
nENCE N. IO'J7'OO't 52.00 FEET ALONG SAIO CNERLINE TO A PqNI N BE CENER G N ExrSnNG LNE: IHENCE N. 60'06'OJ' E. 52.00
EET IO A PqNT ON EE ESERLY RIGHT-G-WAY UNI f SA'D C@Nfr FOO. HENG NE NffiB ruARIR CORNER OF SAIO S€CNON 25
EEARS: N.18'57's3" E. 1212.03 IEEI.
TOGilER un AN IASEMENT FOR INGRESS AND EGmSS OEF THE TGLOWNG DESCRISED PARCEL: A SmlP OF tND 20 FEET rN sDB TO
BE USO AS A ROAD ACCESS EASEMENT STruAEO rN BE SEr/4NW1/a OF SECnON 25, TOhSHTP 5 SUB, RANG 9l ESI f nE S|XTH
PRINCIPI HERIDIAN. BEING IO I€ET ON EAq gOE T frE FOLLOfrNG OESffiIBED CENEFUNE:
BEONNING AT frE S@BEAsT CGNER S SAIO Sil/qu/4, THEICE S 89'II'40. T 1O.OO
'EET
ALOC BE WftEfuY UAE OF SAD
SEIl4Ns,/a IO A POINT Oil SAIO CENEFLINEi ffEN€ N 00'02'00'*. f14.25 EET ALONG SAl0 CENERLINEj IHENCE N 3715507'*,189.3J
FEET ALONG SA|O CENERIINEj BENCE N O7'14'OO'q,49.@ FEET ALffC SAl0 C€NERLINE; THEICE N 19'42'00" {, 59,00 FE€T ALONG SAiD
GNEtuNEi BENG N 26'25'00- W, 92.@ FEET [qG SND GNERLINE: BENq N 22'57'00' w, 76.00 FEET AL6G sAlo GNERLINE:
frENc N 17'1600'w.91.@ FEET ALONG SA|O CENERUNE; THENCE N 45'3600'U 57.00 FEEI AilG SAIO CENERUNE; HENe N 1851'OO'
W. E6-00 EEI ALONG SAID C€NERLTNE: ItsENCE N 60'06'0J'E. 75.00 FEET. UoRE OR ESS. rO A PONT S BE ESERLY R|GIT-OF-WAY
UNE OF C@NTY ROAO NO, 245.
EhSNNG EASIENT
REC.
'a9O8O5
8@K-971. PAGE-gAE
NOf,. BEREFORE, IN Cfi9O'RANON OF B€ PR€MISS NO Fffi OftER GOOO ANO VALU€LE CoSIOERANON. BE RECELPT ANO SUF'ICIENCY tr
ffiICH IS NEREBY ACKNOIEOG€o. HUEERS ANO EAAES AffiEE A5 FOLLOE:
t, EANES WLL OUITCLAIM TO HUEERS AU RIGT NIE ANO INER€ST EANES OU IN DE ACGSS EASEUENTS ffiIG SUROEN HUBERS,LANOFM frE AENEFIT OF EANES. AS DESCRIEED IN THAT OEEO FROM SIONEY ilILER TO ROEERT C. EANES ANO ENBARA L. EANES OAEO UAY 15,
I97E AND RECORDTO MAY 17, 1976 IN BOOX 5IO AT PAGE ]2 Iil ffE OFflCE OF ftE GARTEID COUNTY CLERK ANO 8ECONOE8. EANES frLI
RETAIN AU RICHT, ITLE NO INEREST IN NE 20 FT U'Uil EASEMENT OESGISED IN SAIO DEEO.
2. HUBERS SLL GRANT ND CSEY TO EANES BE ]O FT. ACGSS, ORAINACE ND IRRIGANON OITCI EASMENT (BE "EASEUENI') OESffiIEED
IN flE HU8€R EXEUPNON 4AT RECORDEO {ARCH 15. 1992 IN BE trFICE 6 BE GARFELD COUNIY qEFX ANO RECOROER IS RECEPI& NO.
132347.
3. HUBERS ARE NOT PRESNIY UsIilG BE ROADWAY LOCAED IN CE EASEilENT, NO AS LONG AS AUAERS fi BEIR SUCESSORS M
ASSGNS OO NOT UsE BE EASEilENT, EANES SHALL 8E S&E!Y AESPONSIBLE fOR NE HAINENANCE ANO REPAIR 6 ffE ROAOWAY, ANO SUq
MAINENANCE ANO SEPAIR SHALT EE OONE STEIY AT EANES OIsGEION AND TO BEIR SqE sANSFACTION,
4, ff€ IO F'. EASMENT SHALL BE Nd-EXEU9E. E^NES ANO NAR SUCGSSGS AilO ASSIGS ilAY UE BE EASilENT FOR frE
PURPO$S DESCREEO IN frE HUBER EXEUPNff PLAT. HUEERS AND THEIR SUCGSSORS AND ASSIGNS TAY ALSO Ug N€ EASEilENT Tffi
Ac€ss ANO FG UnUn PURPo$s, PRoMOEo, HoEwR, nAI (I) UsE 8Y HUBERS oR THEIR SUccEssORs ANo AsscNs ilAY NoT HINDER @
PREWNT THE PROPER AND REASON€LE USE ANO EN&WENT G UE EASEilENI BY EANES OR EEIR SUCCESSORS G ASSI6NS. AilO (lI) IF
HUBERS OR NEIR SUCCESSMS OR ASSIGNS BEGIN USING UE ROAOWAY WUIN BE EASEUENT, flEY SAI BE REYfiSIBLE FOR A PRO.RATA
*ARE IT HE COST OF MAINTAINING AND REPAIR S frAT PORNON OF N€ ROAOWAY UsEO EY frEU. $ff SHME TO BE OEERMIN€O EASEOUPft ilE NUMEEF OF RESIDENNAL UNITS ON B€ BUSER PROPERff USINC NE ROAOWAY CqPAREO TO }E NUMBER OF REgDENIAL UNITSS NE ENES PROPESTY, EACH RESDEdTIAL UN'T BEING RESq9ALE FOR ONE SHARE OF EE MATNENANG ANO REPNR COsT S THE
PORNON OF BE RODWAY USO BY SUCH RESIDENTIAL UNIT. NEITHER EANES Nffi HUBERS Nffi HE SUCGSSORS ffi ASSIflS S EIfrER$AU BE PERM D TO PARX ffi STOtr WHIffS OR TACHIN€RY SBIN THE EASEMENT, NG TO CilSNUCT ANY SUILONC M ONER
IHPROWf,ENT UftIN frE EA$MENT EIGPT AS MAY BE REOUIRED IN CONNECNON SB THE IN5]ALLANfr S UNUTY SERVCES,
5, ANY PARTI OF frE SUCqSSOFS M AS9GNS S ANY PAFTY, BO TgR€S OR IS R€OUIREO TO FURWER IMPROE ]HE ROAOWAY LOCAED
STHIN NE EASEMENT, TO8 EXAMPLE AY SOENING frE ROAOWAY OA PAVNG 11 $ALL 8E SOLELY REYil$AE FOR NE COSI OF ANY SUCH
IUPROWUENT, NO FOR ANY ASSOCIAEO COSI 9q AS, FOR EXAilPLE, MOVNG FENGS OF OIICHES. G &TERING THE OFAINAGE AOJACENT
TO frE BOAOWAY. gMILARLY. ANY PARIY. M HE $CCESSORS G ASSIGNS OT ANY PARTY, hO OESIRES fi IS REOUIMD TO INSTAIL UNUTY
$RVCES WNN GE EA$MENT SHALL BE SELY RESPONSIBE FOR BE CO5I5 OF SUCH INSTALLANq, INCLUOING NE REPAR OF NY
OAUAGE CAUSEO TO NE ROADWAY DURING OR AS BE RESULT OF SUCH UTILIfi SERMCE IilSTALLAIil. ANY UIUIY SERVGS INSTIUD IN
BE EASEMENT SHALL BE PLACEO AS NEAR AS IS POSgSLE TO ftE EASTERLY BOUNOMY OF THE EASMENT, *H.
6. BIS AGREEM€NI SHALL 8€ EINOING UPS ANO SHALL INURE TO GE BENEFIT G BE HEIRS, SUCCEsSORS, ANO ASSIGNS OF BE PARNES.
EXSNNG EASMENT
FEC.
'a90EO7
E0q-971, PAGE-991
SAIER HUBER ANO VOLA !. HUBER. BOSE AOORESS 15 179J COUNTY ROAD 2'5. NE{ CASU. COLORAOO, Fffi COOD AND VAIUAALE
Cft$OERANq. BEREAY GANT ANO CONWY IO ROBERI C. ENES ANO BARAMA L. EANES, NUSEES UND€R NE CWilON SEVOCABLE RUST
AGREEIENT G ROAERT C, EANES AND SARAARA L. EANES DAEO EBRUARY 20. 1995. ffiOsE ADORESS IS 1679 C@Nry ROAD 245. NEW
CASU. COLffiAOO 61647. NE FCLOHNG DESCRTBEO EA*ilENI
AN EASEUENT FM NE PURPO$S tr CSSTRUCTINC. UAINTAINING ANO USING A ROADWAY FOR INGRESS ND EGRESS. Fffi INSTALLING ANO
UAINTAINING UTILITY sERUG5. ANO Iffi IRRIGANOil OIICH AND DRANAC PURPOSES. ON. ACROSS ANO UNOER A SMIP S LANO JO IEET IN
WOIH SIruATEO IN BE SEll4NH/4 tr SECNON 25. TOHSHIP 5 SOUB. RANG 91 ESI tr NE SXfr PRINCIPAL UERIDiAN. GARFTELD
C@NT, COTGAOO. SAIO SNP S LAflD AENG 15.0 EET TO EAq SE OF NE FOLLOSNG DESCRISO CENERLINE:
BEONNING AT EE CENER ouffi[R CffiNER OF SAD SECnON 25, A 1967 trASS CAP. L.S. NO. 14050 F@NO lN PLACEi fffrffi S. E9a1'40'I ALON6 BE EAST-ffiST €NERLINE OI SAID SECNil 25 15,00 FEET TO BE NUE PON] ff EEONNING. NENG BE FqLOWNG COURSES
&D DTSIANCES ALSG SAIO EASMENT GNERLINET N. 00'02'@' f 219.54 FEEI; ilENCE1JE.77 IEET ALoNC BE ARC S A CURE IO nE
EFI HAMNG A RAoIUS G 524.98 EET ANo CENnAL ANff OF 24'28'00': HENCE N. 24'50'OO- U J00 EET: flENG 19E.75 FEET ALfrG
BE ARC S A CURI TO B€ LEFT HAMNG A RADIUS tr 990.24 FEEI. A CENnAL ANGLE Ot l1'50'00'i TBENCE 71.26 FEET ALONG BE ARC
G A ilRE TO BE RIGHT HA$NG A EADIUS 6 42,09 FEET ANO SNM& ANGLE OF 97'OO.OO. TO A PONT ON BE SNTHESERLY
RIGHT-$-WAY UNE OF GARFIELO COUNTY ROAO NO. 2'5, NE POIN' OF ERMINANq.
BIS EASMENT IS EOR frE BENENT O' ANO FPURENN] TO ftAT LAND. OR ANY PART ffEREG, SruAE Iil CASFIEO COUNfr, COLORADO.
oEscRrBEo As BE Nt1/1sw1/1 tr SEcnoN 25, lohsHrP 5 soutH. RANe 91 E5r s ilE SxrH PRTNqPAL s€RrDraN.
OHER/APoLICANT: SPECIALITY RESIAURANTS CoRPORAnON
Existing Zoning - A/R/RD
Proposed Zonjng = A/R/RO
Totol Number of Lots Proposed = 5
Totol Number of owelling Units Proposed = 5
Totol Number of lndividuol Dwelling units
Proposed for Eoch Lot = I
Totol Number of Proposed Off-Street Porking Spoces = 5x1=20
Totol Proposed Density = 2-58 Acres per Dwelling
' As defined by Sectiof,s 2t2O.3O & 2:20.335 ol the Gorlield County
Subdivision Regulotions.
MINERAL OWITERS
SPECIALTY RESTAURANTS CORP.
E191 E. XAISER 8LVD.
ANAHEIM. CA 9280E
MARY LORAINE JACKSON & REBA JOHNSON
2926 WELLINGTON AVE,
GRANO JUNCTION, CO 81504
RONALO KISSEE
c/o ALEX KTSSEE
529 DONEGAN AVE.
GLENWOOD SPRINGS, CO 81601
CHARLES A. & IDA E. WEAR
NO KNOWN ADORESS
KARL O. & HAZEL R. LARSON
NO KNOM ADDRESS
ADJACENT OW\ERS
AS SHOWI\ ON SHEET #2.
MY CO!ilrSSd EFTRES:
aooFESS: _______
SUR\EYOR,S CERTIFICATE:
I. JEMREY AIEN ruTU, DO HEREBY CERNFY THAT I AT A REGISTERED LANO ilREYG L'GNSED UNDER ilE LAE 6 NE STAI
S C&SAOO. BAT BIS 4AT IS A NUE, CMECT ANO COUPLEE PLAT tr B€ WSPERING CREEK SUBOIUSIOil, "A
RESUEOIU5Iff S PMCEL A OF frE HUBER SB-J5 EXEMPNON PLAT.' AS LAIO OUT, PLAMO. OEOICATED ANO $OM HEREON.frAI SUG PLAT f,AS MAOE EY ME TRil AN ACCURAE SUFWY S SAO PROPERTY AY ME NO UNOER ilY $PESSSION ANO
CMRECIY $offi ffE L@ANil ANO DIMSSIoS S TAE LOTS, EASMENTS ANO SNEEE OF SAIO SUBOIUSIO AS ffE S&E ARE
STMEO UPOI BE GROUNO IN COMPLTNCE WB PPUCAS€ RqGULAINS GOERNING frE SUEOIVSIil OI LANO,
IT WilESS HEFEOF I HAE $T MY HANO AIO SE{ frIs OAYtr ___________. a-0.. 200-
PAffES9ONAi LANO SUfiWYOR
'JJ5S
ATToRNEYS cERTIFICATE:
I,
---_
_-, AN ANOANEY TICENSED IO PRACNCE LAW IN IHE STAE OF COLORAOO, OO
HEREBY CER]TY frAT ALL OEOICANONS TO NE PUBLIC, AS O'SCRIBEO il ffIS FINAL PLAT ME FB€E ANO A[ffi ff ANY UENs.
CLAIUS OR ENCUMSRANCES S RECORO NO FURTHER ffAT UIs SBOIVsION 15 IN SUESTANNAL COIPLIANCE SN NE GAR'IELOcouNfr suacrvsril REsLArss 6 19Ea.
Br ______
/TEISPEil/VC CREEK .7482/I4S/O/V
Cl R?IEID CO A/Vff COI Ofil,OOF//Y,4I PL4 ? /r/,4P
fAfrui,rAn WfllVC,SAi YICAS
62J Bloke Aenua Stc. lol
Glenwood Springs, Colotodo 816ol
(97O) 928-9708 (FAX 917-9Oo7)
lss-us.com
l
Final Plat Map
Pmt s EoNNrrc WhisDerinq Creek Su bdivision
A Resub divlsion of PaYcet A of the Huber SB-35 Exemption Ptat20 FT. ESIENTEd a2l PAGE gt
(rRRrG^r0)
20 FT. ROAD ACCESS
EASCENT ENSIT ilO
BX 5lO PG 445
(ro 8E ENooED)
A Parcel of Land Situated in the SE|I4NW|/4
2125-252-@-OarFGmO * dW6
tE* c^ru, co lt6a7
secrion 25' rown'E:irt,t!'r,;;iz"rfrl,ry:"t or the 6th P'M"
RIGHT-OF-WAY DEDICTION
TO GARFIELD COUNTY FOR
COUNTY ROAD 1245
ORIGINAL BOUNDARY CURIE
R=691.54'
L=221.39'
Ton=l 11.65'
6F1 820'32'
CH=220.41'
CHD=S20'23'07'E
l***=-",***rt,**"
1
*,1l";,L'#i,*,
ADIJSTED CURVE FOR
RIGHT-OF-WAY DEOICTION
R=541.13'
L=221.S9' I
Ton=112.58' IE?3'3o'rq' l"
CH=22o.44' t E-E-
cHo=S2o'23'07-E 'BlglB=
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\ t6
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I flEf, castu, co 816.7
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I -n=sls.gs'| / t=za4'
Ton=58.27'
e12'2A'52'
CH=76.09'
CHD=535'47'50-E
t
20 aT.
800K 510 PAq
2125-251-00-OrU$E R{ IMEHM
' U'OY POIA
P.0. BOX 559
nEt c^su, co 61647
FT. ACE$ DRAINA€ I
IRRIGAIil DITCH EEUENI
REC. NO. 452547(ro 8E tr[^co)LEGEND
1OO EAR FLOOOPLAN
CBEEK,/DIlCH
T@ G EANK
EESNilG &LWRT
EASEMENT
BUILOINC ENELOPE
BUILOING EilELOPE NE IN LINE
ROAO €NERLINE
PR@ERW LINE
LOT IINE
CENBUNE
EXSNNG EOGE OF 6AWI
EXISTING FENCE
ACCESS, ORANACE, UNLIry ANO
IRRIGAT16 EASEUENT
CGSS UNLIfr AXD IRRGANOf,
EUENT. 8ffi 97r. PAG Sr
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. r/4 caNERTrfi 25
2125-2il-OGt61
JOLET AqAFO ' T RY TNILY LIP
1268 CO RO 245
ftEW CAf,E. CO ar5a7
FOND SRSS CAP
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SEAUAOAT $ftilCs @ &aZ
GRAP
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62J Bloke Avenue, Ste. tOt
Clenuood Springs, Colqodo 616ol
(97O) 928-9708 (FAx 917-9@7)
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Speclalty Restaurants Corp.
8191 E. Kaiser Blvd.
Anaheim, CA 92808
7L4.279.6L00
carlield County, colorado
whispering Creek Subdivision
Grading, Drainage and Erosion Contol Plan
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8191 E. Kalser Blvd.
Anaheim, CA 92808
7t4.279.6L00
r 3fli,,ii3t1,it^1ll?3Eit3i
tile: 970.945.5252 f.* 970.384.2833
Garfleld county, ColoEdo
Whispering Creek Subdivision
Roadway Plan and Profile
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Master Utility Plan
Speclalty Restaurants Corp
8191 E. Kaiser Blvd.
Anahelm, CA 92808
7A4.279.6100
Anr in Soure Fld lff a Te{
are based on a Sdl
M€RE REDUCER IS USEO.
ROD BAfr TO IE€.
MEG-A-LUG UAY BE
PlETHIENE
BqO BREME'
6'WDE MAR(ER TAPE
TRAqR SRE
GAS
5'ult
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IIMIT OFIfING G
BENGING OF
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QASS 6 AGMEGAE
BASE C&R$
FIGURE I.I5. OIA. & SMALLER @
NAREi&FIME2
DEA NTNd CAOIIilS FIGURE 2
18" DIA. & LARGER
(m.) Fffi srz€s rE'
ANO LffiGR
FIGURE 3
ROCK EXCAVATION
$8 ORAIN
-
(5. OIA PERFORAED PVC)
TO AE INSI<O AT
Z
J.
ilNHOLES HERE $Oh OBE CASEf, UNLITY P!AN.$8 ORAIN PIP€ SAI
EXEND FROtr 25.A8OW
MNHOLE, ]O 5' ABOE ffE
UANHOE AND frEN AT O.5I
(MrN.) TO OAtrgr m TO AI C.U, rc, GAE! ORAIN
@TSIOE ffE ROMWAT
INST{L A CLAY CURTAIN
B€TEEN IHE SUBOFAIN ANO
NE UNHqE
FIGURE 5
SUB DRAIN
1'TO 1 r/2'FOfi
LARCE SIONES
BROXEN C6CREE,
ETC. rF R8A0
UAX. TRENCH SOT TA poNT 1r'ACOW prpa
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J6' & LARCR B-8.,+J0-
FIGURE 4
UNSTABLE SUBGRAOE
CONDITION
NOES:I, BELL HOL€S SHAIL 8€ EXCAVAIO
AT ALL 8EU & SPICOT JOINTS,
CLASS'B' BEDDING REQUIREMENTS
P&[BIENE
AND BREAKERPqEfrNENE
BONO BREAXER PAEfrIENE
EONO AREAXEA
/.' PLmm oEr
'ACE
S PIPEPAEilNENT
BONO BREAKER UNDEruREEO SOLJ
BIffiING SURTACE
PLUGGED TEE FOR
FUTURE CONNECTION
DEAD END noE:
ALL NfiUST SLOCKS NOT INST&LEO
IO BE 5I2E5 SP€OflEO SAU E€
BEPLACEO 8Y N€ CSSNACTOR AT
Hrs oh ExPail$_TYPICAL BFND REDUCER
11 1/a" 22 1/2'. .5'. 90'
l+f_MlN.
THRUST BLOCKING
2
ili
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CqOlnOtrI. PAEUENT REPLACEMENT $U MEET EXSNNG BICKNESS AND KIND WTH B€ FOLLOUNG
urxtMUus:
I.I, NPH&T SURTACING - 4'MIN. ASPH4T Wff 10'YIN, AASS 6 AGGREGAE EASE C@RSE-
1.2. GRAWL SRFAGS = i2' !lN. CLASS 6 AGGREGAE SASE C@RSE.2. IF UILITY MAIN ffi SERMC€ IS NOT UND€R ROAO G PARXING SURFACE AEPLAG MENq
UAERIAL COMPACEO TO 9OT AS PER ASN 0698- 1@ 12' TO BE T@SOL. AND REEGETAE.
NOE:
1- BE SArcUT dO ASPHALT/CONCREE iEPIAqMENI AREA REOUIREO TO BE REUOED
'OR
A
UNUTY MAIN OR $RMG LINE ${L AE CONSIO€REO TO 8E A 7' SDE SEC]ION GNEREO O gE
UNLITY UilL€SS OilERS$ SHOh @ BE P!N,
2. PAMNG @INTS $ALL EE INFRARED 8ilOEO.
f. SLECT IAEFIAL SAI BE 5.' UAIIUUI,4. PROMOE MACER WRE TAPEO TO ftE T@ OF NE PIPE Ffi PW WATR MAIN INSTALIANONS.5. PROVOE POIENIENE ffiM ARQNO PIP€ FOR DUCNLE FON PIPE INSTALLAIONS, USE A MINIMUU
OF 12' LAPS SA BE POLIBIENE ffiAP. TAPE MP W} TOM APPROEO TAPE AT J' O,C,6, OETAIL IS FOR .DRY MENq' CNOINSS. FS UNST€LE ffi '[T CONOIIISS, PROVDE A MINIMUil
OF 1. @ 1-1/2- SCREENED Rq UNOER SEOOING UAERIAL Hil FILER TAARrc PLAEO EELOW
AflO ABOE ftE SMEENEO ROCK-
8€ - OUTS,oE PIPE OIAMEER EXISNNG AsPHALT
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EXISNNG A*NALT & EASE CQIRST
A@E EENG WA[s G
$ORE FOR SAFETY PA
CURRENI OSHA & COSH
REfuIREMENB
COMPACEO SIECT MAERIAL G CLA55 6
AGGREGAE BASE COURSE IN OTHES AREAS
AS OEERMINEO 8Y TE GEOEGNICAL
ENGINEER WB COUPACNON OENSITY 695' AS PER ASIT D€gA.
I CLASS 6 EC BEODING M TERI& Tfr
CffPACION DINsITY q 952 AS PER ASTM
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5/4,5CREENEo RoG
TRENCH CROSS SECTION
NOGS:], ALL V&85 ADJACENT TO NNING
SHAU BE FLAG r MJ. EnNG
SHALL BE FLAGED NEXT TO VALE.
LINE VIWS rc 8E MJ t MJ.
2, O€3GN LrcANON5 ff VALES ARE
@ISOE OF CONGEE CURB/CUTIER g
AND VALLEY PAilS, INSTUEO
VALES HIq CdruCT Wfr
CONCREE MEAS SHALL BE
RELOCATED AT ilE C@NACTOR.S
EXPENS.
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Garlleld County, Colorado
Whispering Creek Subdivision
Miscellaneous Detail Sheet ffi,,[#ffi
NO DATE REVtStON AY
8191 E. Kaiser Blvd.
Anaheim, cA 92808
7L4.279.6L00
)AlLi gAilOl
BerBRHocew,Houx
ARCHITECTURE &PLANNING / A.I.A. / P.C.
Whispering Greek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 1O
FINAL COST ESTIMATE
October 24,2007 BUI Proiect: Whisperine Creek
$10,000.00
$12,000.00
$32.00
$32.00
$20.00
$2.00
$s0.00
$10,000.00
$12,000.00
$20,800.00
$4,160.00
$7,800.00
$1,140.00
$1.000.00
Mobilization (5% max. of Construction)
Earthwork (CuF440 CY; Fill:740CY; Net=300 CY FILL)
" Class 6 ABC (Whispering Lane)
Class 6 ABC (County Road #245 )
" Asphalt (County Raod #245)
I L.S.
I L.S.
650 C.Y.
130 c.Y.
390 S.Y.
570 L.F.
20 c.Y.
--price includes trenching and fittings--
8" C900 Waterline (OutsideCounty Road #245)
8" C900 Waterline (County Road #245)
8" Gate Valve
l" Water Service
Air/Vac Valve Assembly
Fire Hydrant Assembly
Connect to Existins Main (Hot Ta
600 L.F.
s90 L.F.
3 Each
5 Each
I Each
2Each
I Each
$1,200.00
$1,000.00
$3,000.00
$30,000.00
$41,300.00
$5,000.00
--price includes trenching and fittings--
Irrigation Diversion Box
Inigation Drain Valve & Drywell
Sch. 40 PVC Irrigation Lateral (Leonard)
Sch. 40 PVC Irrigation Main (in same trench)
1L.S.
I L.S.
1260 L.F.
950 L.F.
6 Each
$1,500.00
$12.00
$6.00
$200.00
$1,500
$15,120
$5,700
$1,200.00
Shallow Utility Trench (Outside County Road #245)
Shallow Utility Trench (County Road #245)
Vault@
Revegetation of Disturbed Areas
I Ground Sign (Steet & Stop)
Erosion and Sediment Control (fence, haybales, runoffs, etc)
760 L.F.
640 Each
3 Each
I L.S.
3 Each
I L.S.
I L.S.
l6 L.F.
I L.S.
$1,500.00
$300.00
$1,500.00
s1,500.00
$1,500.00
$900.00
$1,500.00
$1,500.00
$800.00
TOTAL $227,766.00
This estimate considers desiens prepared by and information submitted to Boundaries Unlimited Inc. Individual homesite development
other agreements for fees made by the owner or owner's representatives are not included. The owner should evaluate the Soft Costs
considered and include other known costs and also add contingencies for unforseen exspens€s. Boundaries Unlimited Inc. cannot be held
responsible for variances from this estimate as actual costs may vary due to bidding, fi:ral contracting, and market fluctuations
Page 1 of2
l
24,2007 BUI Proiect: Whispering Creek
Castle Water Tap Fees
New Castle Castle Valley Blvd Fees
Garfield County l/2 Roadway Impact Fees
Geotechnical Observations-CTl Thompson
Civil Engineer Observations-Boundaries Unlimited
Surveying (utilities, subgrade, finish grade, corners, etc.)-Tuttle
Gas-Fees
Electric & Telephone-Fees
5 Each
5 Each
5 Each
I L.S.
I L.S.
I L.S.
I L.S.
5 Each
$6,000.00
$1,000.00
$497.64
$3,000.00
$6,000.00
$4,000.00
$8,000.00
s3,500.00
$30,000.00
$6,000.00
$4,000.00
s8,000.00
$17,500.00
Subtotal $75,988.20
$7,598.82
TOTAL $83,s87.02
This estimate considers designs prepared by and information submitted to Boundaries Unlimited Inc. Individual homesite development
ottrer agreements for fees made by the owner or owner's representatives are not included. The owner should evaluate the Soft Costs
considered and include other known costs and also add contingencies for unforseen exspenses. Boundaries Unlimited Inc. cannot be held
responsible for variances from this estimate as actual costs may vary due to bidding, final contracting, and market fluctuations
Page2of 2
ARCHITECTI.]RE & PLANNING / A.I.A. / P.C.
Whispering Greek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 11
DRAFT
COVENANTS, CONDITIONS, AND RESTRICTIONS
A - PLAT
B - ISDS DESIGN AND PERFORMANCE STANDARDS
ISDS MANAGEMENT PLAN
C - INTEGRATED VEGETATION AND WEED MANAGEMENT PLAN
D - WILDFIRE MITIGATION PLAN
E. MOSQUITO MANAGEMENT PLAN
ARTICLE
I
II
m
tV
V
VI
VII
VIII
Ix
x
DECLARATION OF
COYENANTS, COI\DITIONS AI\D RESTRICTIONS
F'OR'.WHISPERING CREEK SUBDTVISION"
IN[DEX
TITLE PAGE
DEFINITIONS 2
PROPERTY RIGHTS & USE OF PROPERTY 7
MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION 8
COMMON FACILITIES - DECLARANT'S RIGHT TO JOINT USE 10
INSURANCE ON COMMON FACILITIES IO
ASSESSMENTS 11
ADDITIONAL RESTRICTIONS ON USE AND BUILDING 12
ARCHITECTURAL APPROVAL 17
IRzuGATION WATER AND SYSTEM 24
DEDICATION AND TRANSFER OF ROAD, UTILITY, AND 24
IRRIGATION EASEMENTS
CONDEMNATION
GENERAL PROVISIONS
PLAT
ISDS DESIGN AND PERT'ORMANCE STANDARDS
ISDS MANAGEMENT PLAN
INTEGRATED VEGETATION AND
WEED MANAGEMENT PLAN
WILDFIRE MITIGATION PLAN
MOSQUITO MANAGEMENT PLAN
DRAFT
EXHIBIT
A
B
C
25
25
XI
XII
D
E
DECLARATION OF
COVENANITS, CONDITIONS AND RESTRICTIONS
FOR (WHISPERING CREEK SUBDTVTSION"
This Declaration of Covenants, Conditions and Restrictions (hereafter the Declaration) is
made this _ day of _ , 2007 by SPECIALTY RESTAURANTS CORPORATION, a
California corporation (hereafter referred to as the Declarant).
RECITALS
WHEREAS, Declarant is the owner of that certain real property in Garfield County
described in Exhibit A attached hereto and incorporated herein by this reference, as depicted in
five lots numbered consecutively 1 through 5, on a plat thereof recorded as Reception
No._ in the office of the Garfield County Clerk and Recorder, together with all water and
water rights, ditches and ditch rights, easements and rights-of-way appurtenant to or used upon or
in connection with said Lots and all other appurtenances thereto; and
WHEREAS, Declarant hereby creates an unincorporated nonprofit association pursuant
to the Colorado Uniform Unincorporated Nonprofit Association Act, Colorado Revised Statutes
7-30-101 et seq., known as the Whispering Creek Homeowners Association (hereafter the
Association) for purposes of owning, maintaining and administering the common facilities as
hereafter described and defined, the Members of which Association shall be the owners of the
aforesaid individual Lots and which Association shall also administer and enforce the covenants,
Conditions and restrictions herein set forth and collect and disburse the assessments and charges
hereinafter provided; and
WHEREAS, Declarant desires to dedicate, grant and create certain easements to the
Association for purposes of serving the Lots with appurtenant access and utilities necessary to the
use of the Lots for their intended purpose; and
WHEREAS, Declarant desires to provide a flexible and reasonable procedure for the
overall operation of the Common Facilities and to establish a method for the administration,
maintenance, preservation, control, use, and enjoyment of the Lots and Common Facilities, as
well as provide for the enforcement of the restrictions, covenants and conditions hereinafter set
forth.
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page I of27
GRANT OT'EASEMENTS
ANID
DECLARATION
NOW THEREFORE, Declarant hereby declares that all of the Lots described above,
individual or collective, shall be held, transferred, sold, conveyed and occupied benefited by and
subject to the easements and properties herein dedicated, granted and transferred to the
Association and subject to the following Covenants, Conditions and Restrictions which are
established for the purpose of protecting the value and desirability of such real property and
which shall run with title to the Lots and be binding on all owners or other parties having any
right, title or interest therein.
t.
ARTICLE I
DEFINITIONS
Annual Assessment. "Annual Assessment" shall mean the assessments made for the purpose
of covering the portion of the annual expense of operating and administering the Association,
including, but not limited to, Common Expenses and expenses incurred in connection with
certain authorized functions of the Association the costs of which are not otherwise provided
for herein, which are to be paid by each Owner to the Association for the pu{poses provided
herein and charged to such Owner and to the Lot of such Owner.
Annual Budeet. "Annual Budget" shall mean the calendar year estimates of the Association
expenses and expenditures upon which the Annual Assessment shall be based, which budget
shall be prepared by the Association Manager and adopted by Owners Action at the Annual
Meeting.
Annual Meeting. o'Annual Meeting" shall mean the meeting of all Members of the
Association to occur once a year for the primary purposes of approving the Annual Budget
and selecting the Association Manager, but at which meeting any other business matters of
the Association may be raised and addressed.
Assessments. "Assessments" shall mean all assessments, Annual, Reimbursement, and
Special, for Common Expenses of the Association, and all installments thereof, with interest
thereon and costs of collections, including reasonable attorney's fees, all as more particularly
defined and provided in Article VI below.
Association. "Association" means the Whispering Creek Homeowners Association, a
Colorado unincorporated nonprofit association whose Members shall be the respective
Owners of the Lots.
6. Association Manaeer. "Association Manager" shall mean a person who shall be a Lot Owner
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 2 of27
2.
aJ.
4.
5.
7.
8.
9.
and Member of the Association, and who shall be responsible for preparing the Annual
Budget, collecting Annual and Special Assessments and other revenues, disbursing funds for
Common Expenses, calling special meetings and otherwise managing the administrative
affairs of the Association. The Association Manager shall be the Declarant at all times
during which Declarant shall continue to own any one of the Lots.
Building Envelope. "Building Envelope" shall mean that portion of each Lot which is
designated on the PIat as suitable for construction of habitable living space thereon. As more
fully provided herein, all Improvements to be constructed on aLot, with the exception of
Improvements which are necessary to facilitate ingress to and egress from a Lot or
Improvements which are otherwise expressly authorized by the Design Review Committee,
shall be located within the Building Envelope designated for such Lot.
Common Area. "Common Area" shall mean any portions of the Common Interest
Community designated on the Plat as Common Area or Open Space and which is owned or
maintained by the Association for the common use and enjoyment of the Owners, including,
but not limited to, all rights-of-way, roads, entry ways, ponds, entry features, sidewalks,
pathways, trails, gardens, pastures or other open space, and such other easements for the use
and benefit of the Owners as may be provided in this Declaration.
Common Expenses. o'Common Expenses" shall mean the expenses or liabilities incurred by
or on behalf of the Association under the provisions of this Declaration and which are
payable by the Lot Owners upon Arurual and Special Assessment. These include, but are not
limited to the following:
a) The cost of maintenance, management, operation, snowplowing, repair and replacement
of the Association Properties, including, but not limited to, the Common Ateas, and of all
other parts of the Common Interest Community which are managed or maintained by the
Association or a Managing Agent;
b) The cost of maintaining and repairing structural elements of the Common Areas including
any structures, sidewalks, walkways, driveways, roads, fencing and trash bins within the
Common Interest Community, and reasonable reserves for any of such costs;
c) The cost of maintaining, replacing, and improving the landscaping on the Common
Areas;
d) The cost of improvements constructed from time to time by the Association on or in
connection with the Common Areas, if such costs were included within a duly adopted
Budget;
e) The cost of management and administration of the Association, including, but not limited
to, compensation paid by the Association to managers, accountants, attomeys and
employees, and/or costs provided to be paid by the Owners in accordance with the terms
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 3 of 27
of this initial Declaration pursuant to the respective Management Agreements, if any, for
the operation, management, and/or maintenance of the Common lnterest Community;
The cost of insurance maintained by the Association as required or permitted herein;
The cost of utilities and services if any which are provided to the Association or the
Common Interest Community or parts thereof and not individually metered or assessed to
Lots, and other services which generally benefit and enhance the value and desirability of
the Common Interest Community;
Reasonable reserves for contingencies, replacements, and other proper pu{poses as
deemed appropriate by the Association Manager to meet anticipated costs and expenses
including, but not limited to, maintenance, repair and replacement of Common Areas
which must be maintained, repaired or replaced on a periodic basis;
Taxes paid by the Association;
The cost incurred by any committees that may be established from time to time by the
Association and compensation that may be paid by the Association to members of such
committees;
All expenses expressly declared to be Common Expenses by this Declaration, all
expenses lawfully determined to be Common Expenses by the Association Manager, and
all expenses agreed upon as Common Expenses by the Members of the Association; and
Other expenses incurred by the Association for any reason whatsoever in connection with
the Common Areas, or the cost of any other item or service provided or performed by the
Association pursuant to any of the Association Documents or in fuitherance of the
purposes of the Association or in the discharge of any duties or powers of the
Association.
10. Common Facilities. Common Facilities shall mean all real property or interests in real
property, improvements thereto, and personal -property now or hereafter owned by the
Association through dedication, grant, conveyance, or assignment by the Declarant to the
Association or acquired by the Association through Owners Action for the common use and
enjoyment of Lot Owners, and more particularly described in Article IV below. There are
expressly excluded from the Common Facilities, any domestic water service lines, irrigation
ditch laterals or pipelines and utility services designed to serve, benefit and be appurtenant to
a single Lot. Any such excluded facilities, property and structures shall be controlled,
operated and maintained by the Owner(s) of the Lot served thereby as appurtenant thereto at
such Owners expense.
11. Count-y. "CountS/" shall mean Garfield County, Colorado.
12. Declarant. "Declarant" shall mean SPECIALTY RESTAURANTS CORPORATION.
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 4 of 27
s)
h)
D
i)
k)
13. Declaration: "Declaration" shall mean the covenants, Conditions, restrictions, grants and
dedications of easements and all other terms or provisions set forth in this document as the
same is recorded in the records of Garfield County, Colorado, and as the same may be
amended from time to time in accordance with the provisions hereof, with such amendments
being likewise recorded.
14. Desien Review Committee. "Design Review Committee" shall mean the Committee provided
for in this Declaration.
15. Improvement. "Improvement" shall mean all structures and any appurtenances thereto of
every type or kind, including, but not limited to, dwelling units, buildings, outbuildings,
barns, swimming pools, patio covers, awnings, painting of any exterior surfaces of any
visible structure, additions, walkways, outdoor sculptures or artwork, sprinkler and utility
pipes, garages, ca4lorts, roads, driveways, parking areas, fences, screening walls, retaining
walls, stairs, decks, fixtures, landscaping, hedges, windbreaks, plantings, planted trees and
shrubs, poles, signs, exterior tanks, solar equipment, exterior air conditioning and water
softener fixtures.
16. Improvement to Property. "Improvement to Property" shall mean any Improvement, change,
alteration or addition to any property within the Common Interest Community.
"Improvement to Property" shall include, but not be limited to those improvements more
particularly described in Section 4.2 of this Declaration.
17.Lot/Lots. "Lot or Lots" shall mean each of Lots 1 through 5, inclusive according to the Plat.
18. Lot Owner or Owner. "Lot Owner or Owner" means the person, persons, entity or entities
who or which together shall comprise the record owner of fee simple title to a Lot.
19. Member. "Member" shall mean a person or entity which, by virtue of their status as a Lot
Owner, is deemed to enjoy the membership privileges and responsibilities in the Association.
20. Notice of Completion. "Notice of Completion" shall mean written notice to the Design
Review Committee of the completion of any Improvement to Property.
21. Occupant. "Occupant" shall mean any person who is a tenant on a Lot, pursuant to a Lease
with the Owner thereof or any person who is present within the Common Interest
Community as a family member, guest, agent, licensee, or invitee of an Owner, an Occupant,
the Association, or a Managing Agent.
22. Owners Action. "Owners Action" shall mean a written statement of action to be taken by the
Association which statement shall be executed by no less than the Owners of three (3) Lots or
their respective authorized representative.
23. Plat. "Plat" shall mean and include the land survey plat (and any amendments thereto) which
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 5 of 27
depicts all or a portion of the Common Interest Community and which further depicts and
locates thereon the location of Lots, Building Envelopes, Common Ateas, and such other
items as may be required by the Act. The Plat, and any amendments or supplements thereto,
are hereby incorporated herein and made apart hereof by reference.
24. Reimbursement Assessment. "Reimbursement Assessment" shall mean a charge against a
particular Owner and his Lot for the purpose of curing or enforcing any violation, directly
attributable to the Owner, of the Declaration or the Rules and Regulations, together with late
charges and interest as provided for herein. Reimbursement Assessment shall include without
limitation any Common Expense caused by the misconduct of any Owner or of such Owner's
Occupants.
25. Rules and Reeulations. "Rules and Regulations" shall mean the rules, regulations,
guidelines, policies, authorizations and standards as may be adopted and approved by Owners
Action as provided in this Declaration governing the use of the Lots and the use, operation,
maintenance, and administration of the Common Facilities.
26. Special Assessment. "Special Assessment" shall mean a charge against each Owner and his
Lot representing a portion of the costs of the Association for the purpose of funding
construction, capital repairs, maintenance, replacements, and Improvements within the
Common Interest Community, the costs of which were not included in the Annual
Assessment, or for excess repair costs or other extraordinary expenses, or for funding any
operating deficit of the Association, or for any other purpose authorized by the Association
Manager from time to time as provided herein.
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 6 of27
1.
ARTICLE II
PROPERTY RIGHTS AND USE O['PROPERTY
Permitted Use.
a) All Lots shall be used only for the construction, use and occupancy of and as single-
family dwellings and customary accessory uses including, without limitation, an
accessory dwelling unit if permitted by application zoning. No dwelling shall be
permitted which has less than 1,500 squale feet of livable floor space.
b) Additional permitted accessory uses shall include agricultural activities and the raising of
crops.
c) No more than one (1) dog over six (6) months of age may be kept on any Lot and dogs
shall not be permitted to run at large.
d) Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells
of Garfield County's agricultural operations as a nofinal and necessary aspect of living in
a County with strong rural character and a healthy ranching sector. All must be prepared
to encognter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads,
livestock on public roads, storage and disposal of manure, and the application by spraying
or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one
or more of which may naturally occur as part of a legal and non-negligent agricultural
operation.
e) All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in accordance
with zoning, and other aspects of using and maintaining properly. Residents and
landowners are encouraged to leam about these rights and responsibilities and act as good
neighbors and citizens of the County. A good introductory source for such information is
"A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State
University Extension Office in Garfield County.
Common Facilities. Subject to the limitations set forth in this Declaration and any Rules and
Regulations adopted by the Association pursuant to the provisions of this Declaration, each
and every Lot Owner, shall have the right to the use, enjoyment and benefit of the Common
Facilities.
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 7 of27
2.
J.
4.
Appurtenance of Interests. Any legal or beneficial interests in the Common Facilities which
inure to a Lot Owner by virtue of such ownership are appurtenant to the Lots owned, with or
without specific reference to such appurtenance in any deed which may convey the Lot.
Governance of Lots and Common Facilities. Subject to rights, interests and authority
expressly reserved to the Declarant herein, all of the authority regarding the operation,
maintenance, repair, administration and control of the Common Facilities shall be vested in
the Association and the Lot Owners through their right to participate by Owner Action in
governance of all Common Facilities as said rights are more fully described in this
Declaration.
Waiver of Right to Partition. Each Lot Owner irrevocably waives his right to statutory
partition of the Common Facilities.
Enforcement. The Association, by Owners Action, or the Declarant or any Lot Owner, shall
have the right to enforce the covenants, Conditions and restrictions contained in this
Declaration by uny legal or equitable meil1s necessary and available including actions for
damages and injunctive relief. In the event of any such action, the Association, Declarant or
Lot Owner or Owners, if they prevail in said action, shall be entitled to receive reasonably
attorneys fees and costs from the Lot Owner or Owners found to be in violation of this
Declaration.
ARTICLE III
MEMBERSHIP. VOTING RIGHTS AND OWNERS ACTION
The Owner(s) of record of fee simple title to each Lot shall be a Member of the Association.
For purposes of this Declaration, if a Lot is owned by more than one person, all of the
persons owning an interest in fee simple title to the Lot shall, in the aggregate, be the Lot
Owner thereof and such multiple persons comprising the Lot Owner shall, among
themselves, designate one of their number to participate in, and represent the others, in any
Association affairs or Owners Action as herein described. For purposes of participation in
Owner Actions and any other voting matters in the Association, a Member owning more than
one Lot shall be entitled to one vote for each Lot owned.
Except as otherwise herein provided with respect to rights and interests reserved to the
Declarant, the ownership, operation, management, maintenance and repairs of the Common
Facilities and all Association actions taken with respect thereto, shall be undertaken and
performed pursuant to Owners Action. The Association shall have the exclusive power and
authority to manage any affairs regarding the Common Facilities, and such power and
authority shall include, without limitation whatsoever, the following authority:
a. To own, purchase, lease, install, operate, maintain, repair and replace all or any part of the
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 8 of 27
5.
6.
l.
b.
d.
Common Facilities.
To adopt such Rules and Regulations as are necessary and appropriate for governing the
use and benefits of the Common Facilities;
To establish and oversee the Arurual Budget, for purposes of paying anticipated and
contingent expenses related to the Common Facilities;
To make, determine and collect Annual and Special Assessments for the purpose of
paying all Common Expenses. Said Annual Assessments to be determined in accordance
with the establishment of the Annual Budgets and as the same are necessary as Special
Assessments for extraordinary or unforeseen expenses related to said Common Facilities
and which were not included in or provided for under the Annual Budget or which under
the provisions hereof are expenses assessed against less than all Lots. All Annual and
Special Assessments shall be made on a ratable basis among the Lot Owners, with a one-
fifth share of the total assessment to be paid by the Owner of each Lot, except as
otherwise provided herein;
Subject to the provisions of Article I, paragraph 6, to elect at the Annual Meeting by
Owners Action, an Association Manager to act, during the upcoming year, on behalf of
the Association and in such capacity to exercise all powers of the Association set forth in
said Article I, paragraph 6 as well as any others delegated to him by such Owners Action;
To enforce, by Owners Action, the provision of this Declaration and any Rules and
Regulations adopted by the Association as provided herein, either through Owners Action
or by delegation of such enforcement authority to the Association Manager;
To establish a date certain for the Annual Meeting for the ensuing year and to establish
Special Meetings as appropriate and necessary. Written notice of the date, time and place
of Annual and Special Meetings, shall be given to each Member by mailing such notice to
each Member at least 20 days prior to the date of such Annual or Special Meeting at the
address of each respective Member as the same shall be maintained in the records of the
Association;
To receive and use for the joint and common benefit of all Lot Owners any revenues
received by the Association from whatever sources and determination of the specific uses
of such funds; and
To take any other action necessary or appropriate to carry out the purposes herein
expressed and to properly maintain the Common Facilities for the use and benefit of the
Lot Owners.
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 9 of27
e.
ob'
h.
ARTICLE IV
COMMON F'ACILITIES . DECLARANTS RIGHT TO JOINT USE
The Common Facilities which shall be owned by the Association include, but are not
limited to, all designated roads and road easements dedicated, created and granted hereunder and
improvements thereto, utility and irrigation ditch easements, pedestrian easements, water pipeline
easements and related facilities, and drainage easements created and granted hereunder or
transferred to the Association, which serve or benefit the Lots. The Association shall maintain
and keep in good repair the Common Facilities (and any personal property and improvements
associated therewith) and any other improvements to or upon the Common Facilities (including
without limitation the Association shall not permit the growth or spread of Garfield County listed
noxious weeds along roadsides and in common areas). Such maintenance shall be funded
through the Annual and Special Assessments as provided herein, and revenues received from any
other sources, and shall include, but not be limited to, maintenance, repair, and replacement of all
other structures and improvements situated upon the Common Facilities all to the end that the
safety, appearance and quality of the Common Facilities shall permanently endure. It is
understood that all easements described above shall be non-exclusive.
1.
ARTICLE V
INSURANCE ON COMMON FACILITIES
Insurance. If deemed necessary, the Association Manager shall have the authority to obtain
insurance for all insurable components of the Common Facilities against loss or damage by
alrryhazards, including extended coverage, vandalism, and malicious mischief. This
insurance shall be in an amount sufficient to cover the full replacement cost of any repair or
reconstruction in the event of damage or destruction from any such hazard.
Repair and Reconstruction. If the damage or destruction for which the insurance proceeds
are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the
cost thereof, the Association Manager may, without the necessity of any Owners Action, levy
a Special Assessment to cover the amount of deficiency. If the funds available from
insurance exceed the cost of repair, such excess shall be retained to the benefit of the
Association.
Declaration o/Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 10 of 27
2.
1.
ARTICLE YI
ASSESSMENTS
Annual and Special Assessments. All Annual and Special Assessments, together with
interest at the legal or statutory rate, costs, and reasonable attorneys' fees, ifany, shall be a
charge on the land and shall be a continuing lien upon the Lot against which each Annual or
Special Assessment and the aforesaid related costs and expenses, is made.
Each such Arurual or Special Assessment, together with interest, costs and reasonable
attorneys' fees, if any, shall also be the personal obligation of the person who was the Owner
of a particular Lot at the time the Assessment was made.
A11 such Annual and Special Assessment shall be due and payable within thirty (30) days
following the date upon which the Association Manager shall have mailed notice of such
Annual or Special Assessment to the Lot Owner obligated to pay the assessment at the
address of said Lot Owner as maintained in the Association records.
In the making of Annual and Special Assessments, no assessment shall be made or charged
against Lots not benefited by maintenance of sections roadway or inigation ditches, for which
any expenses may specifically be identified apart from the expenses related to maintenance of
those sections of roadways and irrigation ditches which benefit all of the Lots. Instead, the
portion of the assessments incurred for the expense of maintaining sections which benefit
only certain of the Lots, shall be bome proportionately by only those certain Lots.
Liens and Foreclosure of Liens. All Annual and Special Assessments shall constitute a lien
on each Lot, respectively, prior and superior to all other liens, except (i) all ad valorem taxes,
bonds, assessments, and other levies which, by law, would be superior thereto, and (ii) the
lien or charge of any first mortgage of record (meaning any recorded mortgage or deed of
trust with first priority over other mortgages or deeds of trust) made in good faith and for
value. Suit to recover a money judgment for unpaid Assessments, interest and attorneys' fees
shall be maintainable without foreclosing or waiving the lien securing the same. Any lien
created pursuant to the provisions of this Article VI may be foreclosed under the laws of the
State of Colorado in the same manner as a mortgage.
Computation of Annual Budget and Annual Assessment. It shall be the duty of the
Association Manager at least thirty (30) days prior to the Annual Meeting at which the budget
shall be presented to the Association's membership, to prepare a budget covering the
estimated costs, and appropriate reserve funds amounts for operating the Association during
the coming year. The Association Manager shall cause a copy of the budget, and the
estimated amount of the Annual Assessments deriving therefrom and to be levied ratably as
herein provided against each Lot for the following year to be delivered to each Lot Owner
with notice of the meeting. Such budgeting process shall take into account any revenues
received or anticipated by the Association from sources other than Assessments.
Declaration of Covenants Conditions and Restrictions for ll'hispering Creek Subdivision
Page ll of27
2.
J.
2.
aJ.
ARTICLE YII
ADDITIONAL RESTRICTIONS ON USE AND BUILDING
In addition to any other restrictions contained herein, all Lots shall be subject to the
following covenants and restrictions on use and building restriction, to wit:
l. Nuisances. No Lot Owner shall permit or suffer anything to be done or kept about or within
his Lot, which will obstruct or interfere with the rights of other Lot Owners or their property,
including generation of unreasonable noises or otherwise, nor will any Lot Owner commit or
permit any nuisance or commit to suffer any illegal act to be committed on his Lot. Each Lot
Owner shall comply with the Association Rules and Regulations, the requirements of all
health authorities and other governmental authorities having jurisdiction over the Lots and
Common Facilities.
Farming. Pasturing, stabling, or keeping of horses, cattle, sheep or other hoofed animals of
any kind within any Lot is prohibited.
Pets. Dogs should not be allowed to roam and homeowners should also be advised that dogs
chasing wildlife is illegal and can lead to legal action. The Colorado Division of Wildlife
will issue fines for dogs harassing or chasing wildlife. If a dog is observed chasing or
harassing wildlife, it may be shot by the Colorado Division of Wildlife. No more than one
dog per household with a kennel restriction; furthermore, an electric fence should not be
considered a kennel. Dogs that are not kenneled must be leashed at all times. Proof of
kennel construction should be required before a Certificate of Occupancy is issued. No dogs
are allowed by construction workers during the development process.
Construction Type. All construction shall be new. No building previously used at another
location nor any building or structure originally constructed as a mobile dwelling or structure
may be moved onto a Lot, except as expressly hereinafter provided for temporary buildings.
In addition to the foregoing, an engineered foundation shall be required for all residential
dwelling units constructed within the Common Interest Community.
Building Envelopes. All improvements to be constructed on a Lot, with the exception of
Improvements which are necessary to facilitate ingress to and egress from a Lot or
Improvements which are otherwise expressly authorized by the Design Review Committee,
shall be located within the Building Envelope designated for such Lot.
6.Mobile Homes. No mobile home may be installed on any Lot.
7. Yards. All yards and open spaces and the entire area of every Lot on which no building has
been constructed shall be maintained in accordance with standards to be established by the
Design Review Committee. In addition, each Lot shall be kept free from brush or other
growth or trash which, in the reasonable opinion of the Design Review Committee, is
unsightly or causes undue danger of fire. Notwithstanding the foregoing, the Design Review
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 12 of27
4.
5.
8.
Committee shall be authorized to permit landscaping on a Lot in accordance with a
landscaping plan approved by the Design Review Committee in accordance with the
provisions hereof.
Landscaoing. Each Lot shall be fully landscaped within thirty (30) days of the date on which
a certificate ofoccupancy is obtained for the residence, subject to excusable delays as
determined by the Design Review Committee due to weather. No landscaping plan shall be
implemented until approval of the Design Review Committee has been obtained. Each
Owner shall maintain the landscaping upon such Owner's Lot in good condition. Landscaping
maintenance shall include the management, maintenance and removal of weeds. Failure to
properly maintain landscaping will result in the Association assessing Reimbursement
Assessments as provided in this Declaration.
a) No Lot Owner shall permit the growth or spread of Garfield County listed noxious weeds
on any Lot. Refer to Exhibit C attached hereto for recommended Vegetation and Weed
Management Plan. The Association, at the sole cost and expense of said Lot Owner(s),
may perform such mitigation in the event of the Lot Owner(s) failure thereof.
b) Each Lot Owner at the time of construction shall install Landscaping in compliance with
the Wild Fire Mitigation Plan attached as Exhibit D hereto and the Vegetation and Weed
Management Plan.
c) Each Lot Owner shall maintain grassland in accordance Wild Fire Mitigation Plan
attached as Exhibit D. The Association or Neighbor, at the sole cost and expense of said
Lot Owner(s), may perform such mowing in the event of the Lot Owner(s) failure thereof.
Fireplaces. No open hearth solid-fuel fireplaces will be allowed anywhere within the
subdivision. One (1) new solid-fuel buming stove as defined by C.R.S. 25-7-401, et sew. and
the regulations promulgated there under, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and appliances.
10. Storase. No inoperable vehicles or equipment shall be stored outside on any Lot; nor shall
any junk or refuse be allowed to accumulate on any Lot.
11. Restrictions on Garbaee and Trash. No refuse , garbage, trash, lumber, grass, shrub or tree
clippings, plant waste, compost, metal, bulk materials, scrap, refuse, or debris of any kind
shall be kept, stored, or allowed to accumulate on any Lot except within an enclosed structure
or appropriately screened from view, except that any container containing such materials may
be placed outside at such times as may be necessary to permit garbage or trash pickup. All
containers used for the temporary storage of garbage, trash and related materials shall be
bear-proof.
12. Restriction on Pipes and Utilitv Lines. Pipes for water, gas, sewer, drainage, or other
pu{poses, and utility meters or other utility facilities shall be kept and maintained, to the
extent reasonably possible, underground or within an enclosed structure. Solar power units
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page lj of27
9.
meeting all govemmental guidelines for residential pu{poses may be utilized if such unit is
approved in advance by the Design Review Committee.
13. Restrictions on Sisns and Advertising. No sign, poster, billboard, advertising device, or
display of any kind shall be erected or maintained anywhere within the Common Interest
Community so as to be evident to public view. Provided, however, development related signs
owned or erected by Declarant and house numbering signs approved by the Design Review
Committee shall be permitted. "For Sale" or "For Rent" signs shall be permitted, subject,
however, to any guidelines for such signs adopted by either the Board of Directors or the
Design Review Committee.
14. Storage of Gasoline and Explosives. Etc. No Lot shall be used for the storage of explosives,
gasoline, or other volatile and/or incendiary materials or devices or any materials deemed
hazardous substances under applicable environmental laws, rules, or regulations. Gasoline or
fuel for Owner's lawn mower, snow blower, and the like may be maintained on an incidental
basis on the Lot in an amount not to exceed ten (10) gallons.
15. Air Conditioning and Heatins Equipment/Solar Collecting Devices. No heating, air
conditioning, air movement, solar collection or refrigeration equipment shall be placed,
allowed, or maintained an),v/here other than on the ground; provided, however, that solar
units or swamp coolers meeting all governmental guidelines for residential uses may be
located on the roof if (a) such solar unit or swamp cooler is built into and made an integral
part of the roof flashing or the structure of any house constructed on such Lot, and (b) such
solar unit or swamp cooler is specifically approved by the Design Review Committee. The
t5rye, size, location and necessary screening for any proposed solar collection device or
swamp cooler shall be submitted to the Design Review Committee in accordance with its
established procedures and the Design Review Committee shall have the authority to
approve, conditionally approve, or disapprove the proposed collection device in accordance
with the terms and provisions hereof. Notwithstanding the foregoing, in no event will the
terms and provisions of this Declaration be deemed to prohibit the use of solar collection
devices within the Common Interest Community and in no event shall the Design Review
Committee unreasonably restrict the right to use solar collection devices by any Owner of a
Lot within the Common Interest Community.
16. Irrieation System. All irrigation systems shall be operated using the irrigation water as
provided in Article VIII hereof and shall be subject to the conditions therein set forth.
17. Individual Sewase Disposal System. Based on the analysis of the sub-soils on the property,
Individual Sewage Treatment Systems and foundation designs are required to be conducted
by a registered professional engineer licensed to practice within the State of Colorado. These
studies and plans shall be submitted with individual building permit applications for each lot.
The cost of these studies shall be bome by the individual property owner. Each Lot Owner,
at the time of construction, shall install an individual sewage disposal system (ISDS) to
handle waste water for such residence in compliance with the "ISDS DESIGN AND
PERI'ORMANCE STANDARDS" attached as Exhibit B hereto.
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 14 of27
a) ln order to ensure that each ISDS installed within the Subdivision is inspected on a
regular basis and properly maintained, the responsibility and authority for such inspection
and maintenance shall be vested exclusively within the Association. The ISDS
Management Plan attached within Exhibit B is not intended to provide for common
ownership of the ISDS(s) or to provide common firnding for the construction, repair or
replacement thereof, such ownership and responsibility for construction, repair and
maintenance to remain with the Owner.
18. Runoff / Drainaee. Each Lot Owner shall submit to Garfield County with any building
permit application a drainage plan designed by a Colorado Registered Professional Engineer
to route runoff to on-site detention pond(s).
19. On-Site Detention Pods. Each Lot Owner shall maintain on-site detention ponds.
Maintenance shall include the Mosquito Management Plan as attached in Exhibit E hereto.
The Association, at the sole cost and expense of said Lot Owner(s), may perform such
maintenance in the event of the Lot Owner(s) failure thereof.
20. Lightine. All exterior lighting will be the minimum amount necessary and all exterior
lighting will be directed inward and downward towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
21. Wildlife Recommendations. Bear/human conflicts have the potential to be a reoccurring
problem in this area and it is paramount that certain measures be taken to minimize these
conflicts. Owners and Occupants are requested to consider the following recoflrmendations
regarding the presence of wildlife on the property:
a) All homeowners shall have and use an approved bear-proof container for storing all
trash/garbage. Trash compactors inside the house can help eliminate bulk and odors,
u,hich will further reduce potential problems.
b) Bird feeders (including hummingbird feeders) can be used but do not mount
hummingbird feeders on windows or siding of the house. Seed feeders should be strung
up at least 10' from the ground with seed catchment to discourage other wildlife foraging.
c) Pets should be fed indoors, and pet food or food containers should not be left outside.
d) Horse feed should also be stored in a bear-proof container and locked. A job box with a
padlock can adequately prevent bears from breaking into horse feed containers. (Note: In
accordance with the agreement with the neighbors and Article YII.2, the pasturing,
stabling, or keeping of horses, cattle, sheep or other hoofed animals of any kind within
any Lot is prohibited.)
e) Barbecues should also be securely housed in the garage or cleaned with a bleach solution
when not in use due to the fact that leftover food and grease are an overwhelming bear
attractant.
0 Round door knobs on the outside of doors rather than lever-type can limit bear access into
houses as well as installing a cooling system rather than leaving windows open, as this is
the main way bears access homes in the summer. Storm shutters that can be closed and
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page l5 of27
locked when the house is not being used can also discourage bears from entering vacant
houses.
g) Under current state laws, the Division of Wildlife is not liable for damage to real or
personal property by bears.
h) For homeowners keeping horses on their property, fencing haystacks with 8'mesh fence
for wildlife proofing at the homeowners'expense is recommended. (Note: In accordance
with the agreement with the neighbors and Article VII.2, the pasturing, stabling, or
keeping of horses, cattle, sheep or other hoofed animals of any kind within any Lot is
prohibited.)
D Eliminating plantings of any berry, fruit, or nut producing plants or shrubs will also
discourage bears and other wildlife from feeding on expensive landscaping.
Homeowners also need to be aware that the Division of Wildlife is not liable for any
damage to landscaping by deer, elk, or bear.
j) Maintaining as much of the native mountain shrub communities inside the building
envelopes is encouraged to continue to provide the highest value to existing wildlife.
ZZ.Fences. Due to the fact that wildlife does travel through the area, all fencing should be
eliminated. If absolutely necessary, homeowners need to adhere to wildlife friendly fencing
consistent with the Colorado Division of Wildlife approved fences. For wire fencing, a
maximum height of 48" with no more than 4 strands and 12" kickspace between the top two
strands is sufficient. Rail fencing should be held to a maximum height of 42" with at least
18" between two of the rails. Mesh fencing is strongly discouraged as it significantly impairs
wildlife movement.
23. Mineral Rights. The mineral rights associated with this property have been partially severed
and are not fully intact or transferred with the surface estate therefore allowing the potential
for natural resource extraction on the property by the mineral estate owner(s) or lessee(s).
24. Lot Subdivision. No further divisions of land within the Subdivision will be allowed
25. Enforcement. All remedies described in Article VI hereof and all other rights and remedies
available at law or equity shall be available to the Association, or the Declarant or any Lot
Owner, in the event of any breach of any provision of this Article VII by any other Owner.
26. Restrictions/Conditions Imposed By Countv. All Lot Owners shall use and occupy their
respective Lots in conformity to all governmental regulations applicable thereto.
Declarqtion of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 16 of27
1.
ARTICLE VIII
ARCHITECTURAL APPROVAL
Approval of Improvements Required. The approval of the Design Review Committee shall be
required for any Improvement to Property on any Lot, except (a) for any Improvement to
Property made by Declarant; (b) where approval is not reasonably required to carry out the
purposes of this Declaration as determined by the Design Review Committee; or (c) where
prior approval of Improvements to Property may be waived or certain Improvements to
Property may be exempted in writing or under written guidelines or rules promulgated by the
Design Review Committee.
Improvement to Propertv Defined. "Improvement to Property" requiring approval of the
Design Review Committee shall mean and include, without limitation, any of the following
occurring within the Common Interest Community: (a) the construction, installation, erection,
or expansion of any building, structure, or other Improvement, including utility facilities and
fences; (b) the demolition, destruction or removal, by voluntary action, of any building,
structure, tree, vegetation or other Improvement; (c) the grading, excavation, filling, or
similar disturbance to the surface of the land including, without limitation, change of grade,
change ofground level, change ofdrainage pattern, or change ofstream bed; and (d) any
change or alteration of any previously approved Improvement to Property, including any
change ofexterior appearance, color, or texture occurring.
Membership of Committee. The Design Review Committee shall consist of three (3)
members, all of whom shall be initialty appointed by Declarant. Declarant shall have the
continuing right to appoint all three (3) members during the Appointment Period (as
hereinafter defined). During the period of development of the Common Interest Community
while Declarant has rights to appoint members of the Design Review Committee, Declarant
shall give the Association written notice of the appointment or removal of any member of the
Design Review Committee. The "Appointment Period" shall mean the period of time
commencing as of the date of Recordation of this Declaration and continuing until the earliest
to occur of the following events: (a) when all Lots which may be created within the Common
Interest Community have been conveyed to Persons other than Declarant and certificates of
occupancy have been issued for the residences constructed thereon; or (b) when, in its
discretion, Declarant voluntarily relinquishes such right. Members of the Design Review
Committee may but shall not necessarily be Members of the Association. After expiration of
the Appointment Period, members of the Design Review Committee shall be appointed by
the Association. Members of the Design Review Committee appointed by the Association
may be removed at any time by the Association, and shall serve for such term as may be
designated by the Association or until resignation or removal by the Association. After the
expiration of the Appointment Period, the Association may at any time and from time to time
change the authorized number of members of the Design Review Committee.
Establishment of Subcommittees. The Design Review Committee shall have the right to
establish subcommittees ("Covenant Committees") to review the modifications to
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 17 of27
2.
aJ.
4.
5.
6.
Improvements upon Lots after the initial construction thereof has been completed and a
certificate of occupancy has been issued thereon, and for enforcement of compliance with this
Declaration and any Supplemental Declaration applicable to a Lot. For purposes of this
Declaration, all references to the Design Review Committee shall also refer to any Covenant
Committee. The procedures for establishment, the rights and duties thereof and the
limitations thereon shall be established and adopted by the Design Review Committee.
Address of Design Review Committee. The address of the Design Review Committee shall
be at the principal office of the Association.
Submission of Plans. Prior to submission of building plans to the County for a building
permit when applicable and prior to commencement of work to accomplish any proposed
Improvement to Property, the Person proposing to make such Improvement to Property
("Applicant") shall submit to the Design Review Committee at its offices such descriptions,
surveys, plot plans, drainage plans, elevation drawings, construction plans, specifications,
and samples of materials and colors as the Design Review Committee shall reasonably
request showing the nature, kind, shape, height, width, color, materials, and location of the
proposed Improvement to property. The Applicant shall be entitled to receive a receipt for the
same from the Design Review Committee or its authorized agent. The Design Review
Committee may require submission of additional plans, specifications, or other information
prior to approving or disapproving the proposed Improvement to Property. Until receipt by
the Design Review Committee of all required materials in connection with the proposed
Improvement to Properfy, the Design Review Committee may postpone review of any
materials submitted for approval.
Criteria for Approval. The Design Review Committee shall approve any proposed
Improvement to Property only if it deems in its reasonable discretion that the Improvement to
Property in the location indicated will not be detrimental to the appearance of the surrounding
areas of the Common Interest Community as a whole; that the appearance of the proposed
Improvement to Property will be in harmony with the surrounding areas of the Common
Interest Community; that the Improvement to Property will not detract from the beauty,
wholesomeness, and attractiveness of the Common Interest Community or the enjoyment
thereof by Owners; that the upkeep and maintenance of the proposed Improvement to
Property will not become a burden on the Association; and that the proposed Improvement to
Property does not affect the drainage plan for the Common Interest Community or any
portion thereof. The Design Review Committee may condition its approval of any proposed
Improvement to Property upon the making of such changes therein as the Design Review
Committee may deem appropriate.
Desien Guidelines. The Design Review Committee may issue standards or rules ("Design
Guidelines", see Exhibit F relating to the procedures, materials to be submitted, fees, and
additional factors which will be taken into consideration in connection with the approval of
any proposed Improvement to Property. The Design Guidelines may specify circumstances
under which the strict application of limitations or restrictions under this Declaration (which
are not substantial or material in nature) will be waived or deemed waived in whole or in part
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 18 of 27
7.
8.
because of a change in applicable laws or because strict application of such limitations or
restrictions would be unreasonable or unduly harsh under the circumstances. The Design
Guidelines may waive the requirement for approval of certain Improvements to Property or
exempt certain Improvements to Property from the requirement for approval, if such approval
is not reasonably required to carry out the pu{poses of this Declaration and such
Improvements are not substantial in nature.
g. Design Review Fee. The Design Review Committee may, in the Design Guidelines, provide
for the payment of a fee to accompany each request for approval of any proposed
Improvement to Property. The Design Review Committee may provide that the amount of
such fee shall be uniform for similar types of any proposed Improvement to Property or that
the fee shall be determined in any other reasonable manner, such as based upon the estimated
cost of the proposed Improvement to Property. The Design Review Committee may further
provide that the amount of any such design review fee include engineering consultant and
other fees reasonably incurred by the Association in reviewing any proposed Improvement to
Property.
10. Decision of Committee. Any decision of the Design Review Committee shall be made within
thirry (30) days after receipt by the Design Review Committee of all materials required by the
Design Review Committee, unless such time period is extended by mutual agreement. The
decision shall be in writing and if the decision is not to approve a proposed Improvement to
Property, the reasons therefor shall be stated. The decision of the Design Review Committee
shall be promptly transmitted to the Applicant at the address fumished by the Applicant to the
Design Review Committee.
1 1 . Failure of Committee to Act on Plans. Any request for approval of a proposed Improvement
to Property shall be deemed approved, unless disapproval or a request for additional
information or materials is transmitted to the Applicant by the Design Review Committee
within thirty (30) days after the date of receipt by the Design Review Committee of all
required materials.
12. Completion of Work After Approval. Following the approval of any proposed Improvement
by the Design Review Committee, the proposed Improvement shall be completed by such
Owner: (a) as promptly and diligently as possible but in no event in excess of the time
periods set forth below; (b) in substantial conformance with all plans and specifications and
other materials presented to the Design Review Committee; and (c) in accordance with any
and all conditions imposed by the Design Review Committee. In accordance with the
foregoing, all Improvements approved by the Design Review Committee shall be completed
(a) within eighteen (18) months from the date of approval of such Improvements by the
Design Review Committee; provided, however, that any and all landscaping and/or gardening
approved by the Design Review Committee which is related to the construction of the initial
dwelling unit for a Lot shall be completed within thirty (30) days of the issuance of the
certificate of occupancy for such dwelling unit or within such time period as the Design
Review Committee may otherwise prescribe. In all cases, the Design Review Committee
must issue a "Notice of Satisfactory Completion of Improvement to Property" or as
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page l9 of 27
"Conditional Notice of Satisfactory Completion of Improvement to Property" prior to the
application for an issuance of a certificate of occupancy from the County. Failure to comply
with the terms and conditions of this provision shall constitute noncompliance with the terms
and provisions of this Declaration and the Association shall have the right to invoke all rights
and remedies provided to the Association hereunder, including but not limited to, the
imposition of fines and penalties.
13. Notice of Completion. Upon completion of the Improvement to Property, the Applicant shall
give written Notice of Completion to the Design Review Committee. Until the date of
receipt of such Notice of Completion, the Design Review Committee shall not be deemed to
have notice of completion of such Improvement to Property.
14. Inspection of Work. The Design Review Committee or its duly authorized representative
shall have the right to inspect any Improvement to Property prior to or after completion,
provided that the right of inspection shall terminate fourteen (14) days after the Design
Review Committee shall have received aNotice of Completion from Applicant.
1 5. Notice of Satisfactory Completion of Improvement to Property. After inspection of the
Improvement to Property, the Design Review Committee will issue a Notice of Satisfactory
Completion of Improvement to Property if the Improvements were completed in conformity
with the plan, description, and materials furnished to and approved by the Design Review
Committee, and any conditions imposed by the Design Review Committee. Upon such
receipt of Notice of Satisfactory Completion of Improvement to Property, the Applicant may
proceed to request a certificate of occupancy from the County.
16. Notice of Noncompliance. If, as a result of inspections or otherwise, the Design Review
Committee finds that any Improvement to Property has been done without obtaining the
approval of the Design Review Committee or was not done in complete conformity with the
description and materials furnished to, and any conditions imposed by, the Design Review
Committee or was not completed vvithin eighteen (18) months after the date of approval by
the Design Review Committee or such shorter period as specified herein or in writing by the
Design Review Committee, the Design Review Committee shall notify the Applicant in
writing of the noncompliance, which notice shall be given, in any event, within fourteen (14)
days after the Design Review Committee receives aNotice of Completion from the
Applicant. The notice shall speciff the particulars of the noncompliance and shall require the
applicant to take such action as may be necessary to remedy the noncompliance. If a Notice
of Noncompliance has been issued by the Design Review Committee, the Applicant may post
a Performance Guaranty, as hereinafter defined, sufficient to bring the Improvement to
Property into compliance with the Design Review Committee; provided however, that the
Design Review Committee shall not be required to accept such Performance Guaranty. Such
Performance Guaranty must be in an amount sufficient to remedy any noncompliance, as
determined by the Design Review Committee in its sole and absolute discretion. After
posting such Performance Guaranty with the Association, the Design Review Committee may
then issue a Conditional Notice of Satisfactory Completion of Improvement to Property. Such
Declaration of Covenants Conditions and Restrictions for lVhispering Creek Subdivision
Page 20 of27
Conditional Notice shall grant authorization for the Applicant to request a certificate of
occupancy from the County.
17. Performance Guaranty for Noncompliance or Incompletion. If the Applicant wishes to apply
for and obtain a certificate of occupancy from the County prior to completion of landscaping
and/or prior to correction of a minor noncompliance, the Applicant may request to post a
bond, letter of credit or cash escrow in an amount equal to the estimated cost of completing
such work ("Performance Guaranty"); provided however the Design Review Committee shall
not be required to accept such Performance Guarantee. The Performance Guaranty shall be
used by the Association to ensure completion of such work in accordance with the time
periods for completion established hereunder and the plans for such work as approved by the
Design Review Committee. The form, content and terms of the Performance Guaranty shall
be determined by the Design Review Committee in its sole and absolute discretion. If the
Design Review Committee accepts the Performance Guaranty for the completion of
landscaping and/or remedy of noncompliance, then the Design Review Committee shall issue
a Conditional Notice of Satisfactory Completion to Improvement to Property. Such
Conditional Notice shall grant authorization for Applicant to request a certificate of
occupancy from the County. All premiums, costs and expenses related thereto shall be the
obligation of the Owner. Any surety or financial institution issuing a payment and
performance bond or letter of credit hereunder shall be authorized to do business in Colorado
and shall be acceptable to the Design Review Committee. If any Owner fails to complete the
landscaping work or fails to remedy the noncompliance, in accordance with the provisions of
the Declaration, subject to delays beyond the reasonable control of such Owner, the
Association is authorized under the provisions of the Declaration to enter upon the Lot of
such Owner to complete the landscaping work and or remedy the noncompliance in
accordance with the plans therefore, draw upon the Performance Guaranty for all costs
incurred by the Association relating to the completion of the landscaping work or relating to
the remedy of noncompliance and levy a Reimbursement Assessment against such Owner for
all costs and expenses incurred by the Association in completing such landscape work or in
remedying such noncompliance which are not otherwise covered by the Performance
Guaranty, including any costs and expenses of collection and attorney's fees. Upon
satisfactory completion of landscaping and/or remedy of noncompliance, the Applicant shall
give written Notice of Completion to the Design Review Committee. If the Design Review
Committee finds the improvements satisfactory, aNotice of Satisfactory Completion of
Improvements to Property shall be issued by the Design Review Committee within fourteen
(14) days of receipt of Notice of Completion and any funds being held by the Association as a
Performance Guarantee shall be released to Applicant within seven (7) days of the issuance
of the Notice of Satisfactory Completion of Improvements to Property.
18. Failure of Committee to Act After Completion. If for any reason other than the Applicant's
act or neglect, the Design Review Committee fails to notiff the Applicant of any
noncompliance within fourteen (14) days after receipt by the Design Review Committee of
written Notice of Completion from the Applicant, the Improvement to Property shall be
deemed in compliance if the Improvement to Property was, in fact, completed as of the date
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 21 of27
of Notice of Completion and the Applicant may proceed to request a certificate of occupancy
from the County.
19. Appeal to Association of Findins of Noncompliance. If the Design Review Committee gives
any notice of noncompliance, the Applicant may appeal to the Association by giving written
notice of such appeal to the Association and the Design Review Committee within thirfy (30)
days after receipt of the notice of noncompliance by the Applicant. If, after a notice of
noncompliance, the Applicant fails to commence diligently to remedy such noncompliance,
the Design Review Committee shall request a finding of noncompliance by the Association
by giving written notice of such request to the Association and the Applicant within sixty
(60) days after delivery to the Applicant of a notice of noncompliance from the Design
Review Committee. In either event, the Association shall hear the matter in accordance with
the provisions of the Bylaws for Notice and Hearing, and the Association shall decide
whether or not there has been such noncompliance and, if so, the nature thereof and the
estimated cost of correcting or removing the same.
20. Correction of Noncompliance. If the Association determines that a noncompliance exists, the
Applicant shall remedy or remove the same within a period of not more than forty-five (45)
days from the date of receipt by the Applicant of the ruling of the Association. If the
Applicant does not comply with the Association ruling within such period, the Assocaition
may, at its option, record a Notice of Noncompliance against the real property on which the
noncompliance exists, ffioy enter upon such property and remove the noncomplying
Improvement to Property, or may otherwise remedy the noncompliance, and the Applicant
shall reimburse the Association, upon demand, for all expenses incurred therewith. If such
expenses are not promptly repaid by the Applicant or Owner to the Association, the
Association may levy a Reimbursement Assessment against the Owner of the Lot for such
costs and expenses. The right of the Association to remedy or remove any noncompliance
shall be in addition to all other rights and remedies which the Association may have at law, in
equity, or under this Declaration. The Applicant and Owner of the Lot shall have no claim for
damages or otherwise on account of the entry upon the Property and removal of the
noncomplying Improvement to Property.
21. No Implied Waiver or Estoppel. No action or failure to act by the Design Review Committee
or by the Association shall constitute a waiver or estoppel with respect to future action by the
Design Review Committee or the Association with respect to any Improvement to Property.
Specifically, the approval of the Design Review Committee of any Improvement to Property
shall not be deemed a waiver of any right or an estoppel to withhold approval or consent for
any similar Improvement to Property or any similar proposals, plans, specifications, or other
materials submitted with respect to any other Improvement to Property.
22. Committee Power to Grant Variances. The Design Review Committee may authorize
variances from compliance with any of the provisions of this Declaration, including
restrictions upon height , size, floor area, or placement of structures or similar restrictions,
when circumstances such as topography, natural obstructions, hardship, aesthetic or
environmental consideration may require. Such variances must be evidenced in writing and
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 22 of27
shall become effective when signed by at least a majority of the members of the Design
Review Committee. If any such variance is granted, no violation of the provisions of this
Declaration shall be deemed to have occurred with respect to the matter for which the
variance was granted; provided, however, that the granting of a variance shall not operate to
waive any of the provisions of this Declaration for any purpose except as to the particular
property and particular provision hereof covered by the variance, nor shall the granting of a
variance affect in any way the Ormer's obligation to comply with all governmental laws and
regulations affecting the property concerned, including, but not limited to, zoning ordinances
and setback lines or requirements imposed by any governmental authority having jurisdiction.
23. Meetings of Committee. The Design Review Committee shall meet from time to time as
necessary to perform its duties hereunder. The Design Review Committee may from time to
time, by resolution in writing adopted by a majority of the members, designate a
representative (the "Committee Representative") (who may but need not be one of its
members) to take any action or perform any duties for or on behalf of the Design Review
Committee, except the granting of approval to any lmprovement to Property and granting of
variances. The action of such Committee Representative within the authority of such
Committee Representative or the written consent or the vote of a majority of the members of
the Design Review Committee shall constitute action of the Design Review Committee.
24. Records of Actions. The Design Review Committee shall report in writing to the Association
all final actions of the Design Review Committee, and the Association shall keep a
permanent record of such reported action.
25. Nonliabilitv of Committee Action. There shall be no liability imposed on the Design Review
Committee, any member of the Design Review Committee, any Committee Representative,
the Association, or Declarant for any loss, damage, or injury arising out of or in any way
connected with the performance of the duties of the Design Review Committee unless due to
the willful misconduct of the party to be held liable. In reviewing any matter, the Design
Revie.,rr Committee shall not be responsible for reviewing, nor shall its approval of an
Improvement to Property be deemed approval of the Improvement to Property from the
standpoint of safety, whether structural or otherwise, or confornance with building codes or
other governmental laws or regulations. In accordance with the foregoing, any Owner seeking
the approval of the Design Review Committee for any matter shall provide the Design
Review Committee with a written waiver reaffirming the foregoing and releasing the Design
Review Committee, any Member of the Design Review Committee, any Committee
Representative, the Association and the Declarant from any and all liability arising from or
related to the Design Review Committee's approval of such Improvement.
26. Construction Period Exception. During the course of actual construction of any permitted
structure or Improvement to Property, and provided construction is proceeding with due
diligence, the Design Review Committee shall temporarily suspend the provisions contained
in this Declaration as to the Property upon which the construction is taking place to the extent
necessary to permit such construction, provided that, during the course of any such
construction, nothing is done which will result in a violation of any of the provisions of this
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 23 of27
Declaration upon completion of construction and nothing is done which will constitute a
nuisance or unreasonable interference with the use and enjoyment of other property. The
Design Review Committee shall promulgate rules and regulations concerning the use of
temporary sanitary facilities and trash dumpsters, type of construction vehicles allowed on
and use of the streets, roads, and rights-of-way located within the Common Interest
Community and Association Properties, and other activities associated with the construction
of Improvements to Property, provided said rules and regulations shall not interfere with the
rights existing under the Permitted Exceptions.
ARTICLE IX
IRRIGATION WATER AND SYSTEM
Any inigation water from the irrigation ditch(s) available to the Lots will be quitclaimed
and transferred by Declarant to the Lot Owners, subject to the water rights held by the Town of
New Castle. The water from these sources shall be used, administered and applied by the
Owners of all Lots in accordance with Rules and Regulations promulgated by the Association,
including without limitation, the scheduling of irrigation use on each Lot by the Association
Manager. All inigation shall be accomplished by and through the inigation ditches and laterals
installed and maintained to each of the above described Lots under the provisions hereof.
ARTICLE X
DEDICATION AI\D TRANSF'ER OF' ROAD.
UTILITY AND IRRIGATION EASEMENTS
Declarant hereby dedicates, quit claims and transfers to the Association the following
easements for the purpose and upon the conditions and restrictions specified, to with:
l. Non-exclusive easements for roadway and pedestrian access and utilities, and irrigation
easements over and across that real property described on Exhibit A attached hereto and
incorporated herein by this reference and indicated, designated and described on the Plat
recorded at Reception No.in the office of the Garfield County Clerk and Recorder.
2. Easements for the irrigation ditches existing and in place from the main irrigation ditch over
and across lands contiguous to the lands subject to this Declaration and subject to the water
rights held by the Town of New Castle.
The dedication, quit claim and transfer of the above described easements is made to the
Association for the use and benefit of the Lots served thereby.
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 24 of27
1.
2.
ARTICLE XI
CONDEMNATION
Whenever all or any part of the Common Facilities shall be taken (or conveyed in lieu of
and under threat of condemnation by the Association through Owners Action) by any authority
having the power of condemnation or eminent domain, each Lot Owner shall be entitled to notice
thereof and to participate in the proceedings incident thereto, unless otherwise prohibited by law.
The award made for such taking shall be payable to the Association and used for its pu{poses
herein enumerated.
ARTICLE XII
GENERAL PROVISIONS
Benefits/Burdens. The covenants, conditions and restrictions of this Declaration and the
benefit of easements hereby granted to the Association shall run with title to the Lots and
shall inure to the benefit of the Lot Owners and shall be enforceable by the Declarant, or the
Association, its Association Manager or any of the Lot Owners.
Indemnification. The Association shall indemniff Declarant and any persons acting in the
capacity of Association Manager against any and all expenses, including attomeys! fees and
costs reasonably incurred by or imposed upon said Declarant or Association Manager in
connection with any action, suit or other proceeding (including settlement of any suit or
proceeding) to which the Declarant or Association Manager may be a party by reason of any
actions, contracts, agreements or other activity undertaken by the Declarant or Association
Manager before or after the making of this Declaration. The Declarant or Association
Manager shall not be liable for any mistake ofjudgment, negligent or otherwise, except for
willful misfeasance, malfeasance, misconduct or bad faith. The Declarant or Association
Manager shall have no personal liability with respect to any contract or other commitment
made by them, in good faith, with respect to the Common Facilities or otherwise, on behalf of
the Association, and the Association shall indemniff, save and forever hold such Declarant or
any Association Manager free and harmless against any and all liability to any other party on
account of any such contract or commitment. Any right to indemnification provided for
herein shall not be exclusive or any other rights to which Declarant or any Association
Manager may be entitled in this regard.
Amendment or Modifications.
a) This Declaration may be amended or modified in any particular by the Declarant so long
as Declarant is the Owner of two (2) or more Lots.
b) At any time subsequent to the conveyance of at least four (4) of the Lots by Declarant, the
Lot Owners may amend or modi$ this Declaration in any particular by a written
instrument executed by the Owners of not less than four (4) of the Lots, and recorded in
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 25 of27
-r-
4.
5.
the records of the County. Provided further, that no such amendment or modification of
this Declaration which affects or purports to affect any rights accorded to or reserved by
the Declarant herein shall be operable or effective unless the aforementioned instrument
of amendment or modification is also executed by Declarant.
Severability. Invalidation of any one of these covenants or restrictions by judgment or court
order shall in no way affect any other provisions which remain in full force and effect.
Perpetuities. If any of the covenants, conditions and restrictions of this Declaration shall be
unlawful, void or voidable for violation of the rule against perpetuities, then such provisions
shall continue only until twenty-one (21) years after the date of this Declaration.
Non-Waiver. The failure of Declarant, the Association, the Association Manager, or a Lot
Owner to object to any breach of or failure to comply with the provisions of this Declaration
or any Rules and Regulations of the Association by a person subject thereto shall in no event
be deemed a waiver of any right to object to the same and to seek compliance therewith at
any time.
Captions. Article and paragraph or section captions, headings, or titles inserted throughout
this Declaration are intended solely as a means of convenience and reference and in no way
shall such captions, heading or titles define, limit or in any way affect any of the substantive
terms and provisions of this Declarant.
Context. Whenever the context requires, any pronoun used herein shall be deemed to mean
both the feminine and masculine gender, and the singular shall be deemed to also encompass
the corresponding plural.
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 26 of27
6.
7.
8.
IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration of
Covenants, Conditions and Restrictions and Grant of Easements for certain property lying within
Section 25, Township 5, South, Range 9l West of the 6 P.M., Garfield County, Colorado the day
and year first above written.
SPECIALTY RESTAURANTS CORPORATION
By:
STATE OF
)SS
COUNTY OF )
On this day of
-,2007
, before me appeared
, to me known, and who, being by me duly swom, did say that he is
of the
corporation.
IT WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my office
the day and year last above written.
SEAL
Notary Public in and for said County and State
My term expires:
Declaration of Covenants Conditions and Restrictions for Whispering Creek Subdivision
Page 27 of27
)a
m
EXHIBIT A
NOIES
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10, ALL OtrEM OF LANO. H€ffER RANfr OF RESIOENCT. HAW OBLIGANqS UNDER SIATE LAW ANO COUNTYREALANfiS S]H REGMO TO frE IANIXANG G FENCS AND INIIOIIM UICXTI CONMOLLNO EEOS,(EEPING UESTOq MD PEIS UNOEF CONTiq, USING PROPERTY IN CCGOANE WN ZUTIC. OO ONEEAgEcTs f usrNc ND MANTA|ilTNG PR@ER[. REgoEN]s aNo LANDotrERs ME ENcouRAG€b ro LEARNABOUT nES 8rqT5 ANo RESpON9AUIES dO ACT lS CW rcrqaoaseNo qrzels or BE couNlt AC@ INNOOUCTORY SOURC tr INFORMAION IS'A @IOE IO RURI LIUNG ANO SMALL SALE A@AIruRE'PUT @T BY GE COLGAM STAE UNIERSTY EXENSIil S'I€ N CCTISU C@NN,
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9€CIITY RESTAURANTS CMP
8191 E. KASR BIW,
AN&Eril. CA 92E08
RflTO XI$EE
c/o {Ex xrssEE
529 OON€GAN AE.qErwooo 9RlN6. co 81601
UARY LffiANE JACKSO & RESA SHNSff
2926 ELLINCIq AW.
cRNo INCIS, CO A1504
CHARES A- & IOA E. E&
NO XNOh ADORESS
(ARL O, & HA4L R- IAFSON
NO KNOM ADORESS
Final Plat
Whisperino Creek Su bdivision
A Resubdivision of PaYcet A of the Huber sB-gs Exemption ptat
A Parcel of Land Situated in the SE1/4NW1/4
XNOW ALL MEr BY nE$ PRESilTSi
BAT NE UNOERSqEO SPEqALtr RESTAUR TIS CtrPfiANOil IS NE OMER OF frAI REAT PROPEFIY sruAED IN UE C@NIYoF GAnEU. ST E 6 C&ORrcO ND EE|NG A pNt OF frE LND slruAEO tN_frE SEI/aNW1,/4 SeCrrOr ZS, rOWrSiriisouH. MNGE 9! resT oF THE 6ft pRrNopa MERD^N (FfiMERLy xnom rs pltcEL A G ffa HUaER s-Ji rreuelon prel
as fuAroo N0 nL€D N ilE GARF|ED CdNW ffR( ANO RECOROER.S Snq umG tJ, !992 AS REGpnq NO. at25a7). AisHoh ot nE AGdpaNyNG pLAT. sao REI pRopERry aErNc rone prnrdurialioesqrBEo As FqLoE:
qEqlNM fT THE NORE otNER C6NER OF SA|O SICION 25. ftENCE S 11.45'29. W 1545.2J Efl TO A pOtNT ON IHEsoweEffRLy REfr oF wAy q c@w R@ No. 2.s rHE riur iorm or BEtiiMNa: rHEilcE ronc so nicn-iir'iiv neFouftrNG cousEs No or$acEs: s r l'12 52' 5 1t3.@ FEfli UENCE 22r.t9 Es &oNG A cuM ro rHE LEfi HAuNG A@u5 or 691.54 8n N0 A CHffiO OF WHCH 8ffi 5 2q23'O7' 2 ?ZO.1a rEr: THENCE S 29JJ.25. E t50.91 FEflr -
THENcE 70.24 ffi {oNc rnE m oF A cuM ro rHE F MUNG rctus oi lgsg rtg uo e cxbao m *xrci'ews,s Jt.7's' € 70.09 FEB rO A porm ON $D SEfrril 25 Noffi-$fr CEmRLTNEi ffENCE LAVNG SAD Am Or mi mb{oNG $0 NORn-SOG CEMERUNE S @O2 OO. E at6.52 FEtr, rHE qNrER OF S0 SECrcN aS, nErCe COmuunc {oraTHE Nom-sow cEffiSLrN€ 5 oqo2'm- € 70.19 Ef,: BExcE LavNG $D rom-sourH CEMETNE lt5-J2 FEo [oilcffE ffi S A CUM TO IHE Ef, MUNC A WUS OF 19O.OO FEfl UO A CAOrc OF mrcA Affi N 7q24.to'W1V.a7 Ftqi iHENCE S O9l l aO' W 167.74'; BENC€ N @4E.20. W 12.77 Fg fO A pOrM AONG ffE N_ffiflCENIETNE' ,HENCE 5 69!140'W lS.oO FEfr TO A pqfr N N &K CffiEK: THENC€ BuNC SD N_EF CINTERUNEe0 tOrc LINES lN Eg Eu CREEX ffE FOLLOhNG COUffiEs ND OTSNCE: N 1r.lE,S. W 124.!6 FEfl; rrme - - - -
N Jz45's'w 112.71 W; THENCE N s?22,14. w 171.59 FEfli tsErct r tt2r'56; w 250.85 FE-l TH€iCa-N 791548't 155.05 [E; TtsENCE N J{€'S- W 77.46 FEtr: HENC€ SMNG W gUX CRerr N 6S49.2]. E1886 TEfli THilG I
'620'J7'E '92.]7 E8I IHENCE N 6'36'0I' E t2O.M [Ei TO TH€ POINT OF BEGINNING.sAo PNCEL CATANTNG t2.92 AmEa U@€ m Ess.
BAT 5Ar0 OWER BAS CAUSO BE sND re& iRgtqln TO EE r D &O SREEO AS BTSER|NG qEEK SUBOtVStq. ASUBDIVgON O' A PNT G G^RFIETD C@NTY. CAOROO,
BAT SAO OMTR OGS HEREBY EOICAE NO SEI f81 ALL 6 NE SMEETS
^XO
ROAOS SOW q ffE ACC@PNNNG PIATIg.lIE-uE-g! nE aauc fGEER. BE xaNT^rNEo By frE H&EohERs iswmq mo rrneev ororcAri To ni iuriut '
u*nEs B0$ poRnfrs G sro REAL pR@ERn BrcH aRE L€€LED As un.w EA.&ENE m ne lccqmwnc iuiriPEFPEruA E^SEIETTS Fffi nE rNsruane !!q !i4!!ENl\rc s ununts. nquonc 8ur ror uuino 10 ilna lrrii. -
lfcEc LrNEs, GAs LrNEs. ELEBfrE LINES: TGEEa sn rtsE Rtqr ro inru nrnitirrc riees aro aru$, l;ri --.
PERPEruI RrffT q N@Ess MO EGt55 FG TNSTAUAION &O UANENANE Or Suqi rNeS. wcx rlsiuErrs to nrorrsSHU BE UNU4O IN A REASSU NO PRUOENT IAilNER,
frAT SAO OhER OGS HEREAY OEOICAE TO BE HOMEOMERS ASSOqANON ffN PORNGS q SAIO REA! PR@ERTY BICH ARELAEUD AS UnU[. AC€Ss. rRRrCAnff AND ORAINAe EASilENTS 0 nE eCqqpmrrc ruer es etnpe ru[ rigrersioC -
HE D€sqEEo ug ALilc sB rNsr&LAnil ANo MANINANCE s ununts, FoTABLE irrn. tmrcarq rlo onarrq - -
rAqunEs, rNquoNG BUT 80r rrMr[o ro: gAREo poraBE urn svsnu irpt urei tro lroartrs; ranrcmq ilrnSEEU 01#ES, PIPE UNES N0 STRUCTRES| ANO DRATNAG SnUCrUneS NO rACriintS.
NAT1U EIffltIS FG SNE€I PASNG OR IMPROEUENIS sH[L M ruRNISHED BY fr€ SELLA tr PURftASR. NOT AY NEcout[ s GmnELD.
rN wfr€ss WERE6 sAtD OtrER HAS CAU$O Ar5 NilE TO 8E HEREUNTO $BSGIAEO HtS _ D y oF ______*4.0..200_.
8Y:
---
@I D. TAUICHET. CHAIRMNgEqALIY RESIAURANE CMPORANft
8191 E. (AS€R BLW.
ANAHEIH. CA 926@
STAE tr coLoRpo ))ss
couNlY G GARn€LO )
frE FmEGOTNG omrcAnfr WAS ACKNOIE0GID BtFm€ ME ff'S*_______ DAy OF____AD., 2OO
secfion 25, Townslip 5 south, Range g1 west of the 6th p.M.,
Garfield County, Colorado
EESNNG EASUENT
REC. 1132229 EG-A25, PAcE-lzA
LEGT DESGPNM 6 frRU ACCESS IN PARCEL A
A SAP S LNO BIRry TEEI IN SON FOR NE PURPO$ S ACGSS. ORANAGE NO IRFGANq OIICH EASUENI, SEINC 15 FEET O EACHsoE oa HE FollosNc oESqtBEo eNTERUNE. BEGTNNTNG aT BE s@nEAsT cfrNER oF frE * t/4 w 1/a oi iiro *-clq zs: seneaLoc BE soun UNE or sAto sE r,/4 Nw 1,/a. s. 89. 11. 40, W. 15.00 FEEI TO A pqNr lN nE CEntnuri q seo EASEMENT; nENGBE FqLoilNG c@Rss N0 orSTNGs ALoNG sao EAstrENr cENERIINE N. @. 02' oo- B 219.54 EET; nena na.zi-reir 'tonc nraRc s A cuRE To nE EFT. HAVNG A R$US OF J2a.9E rur, A GNn{ AffqE 6 24. 26'OO-i nEnG N. 24'gO.OO. i- rdo.w reElBENCE 19A.75 FEET [ilG BE ARC OF A @RE IO BE EFT, HAVNG A RAOIUS ff 990.24
'EEI.
A CENMAL NCE S 11'&'00".BENG 7r.26 rEET aLsc ffE &c or A oRw To ftE Rr@r, HAVNG A RAorus $ a2.09 F€Er. A cENnaL Mff c gz, oo, oo; ro rpoNT ox ff€ saBEs[FLy RGHT-s-way 6 coNfr RoAo No. 245, BE poni r Envnrlor.
EhSNNG EA$IINT
trc. ,2a$o Bq 510, PAc J6
ff€ NEt/4SM/a, gCnS 25. tohgtp 5 SOUn. RANG 91 EST q B€ 9XB pRNCrp& MESIOIAN, CQTATNTNG 40.08 A6ES. UGE mLESS
TGEBER Sfr A UNUN EASMENI 20 IEI IN WDfr LING SOUNERLY S NE trsERLY A&NOARY UNE T GARflEIO COUNTY ROAO NO.245 AND BErNc 20 FEET ar aLL porNTS ffisERLy G frE E^sT LrilE s frt sE1/Nfi/t or sao sclo is. slro iisiuiiii eiiic rqePMNCULARLY ESMIBEO A5 FGIOE: EqNNflG AI ffE S@uEASI CMTER S DE *1/Afi/' Or SNrD SCIq ZS, NEICC-i.E9'r'40' s.. ro.m aEET {mc BE sourHaRLy UNE 6 saro gt/1NV/1 10 a pqrr G n€ clrrar^E r sao unuirv erguirr:EENC N-M'o2'OO' W. 416,62 FEET &6G SAIO GNERIINE TO A POINI ON THE trSIFLY RIST-q-WAY UNE C sAD COtrV NOO.
IO€BER Ufr A SNF OF LAND 20
'EEI
IN SOH TO 8€ UgD A5 A ROAO ACCESS EASEMENT. BEINC 1O FEEI S EACH SOE Or BEFqLOWNC DES@BEO GilERLtNE: SEqNMNC AT G€ SOUTHEASI CGNER F DE *1/1\fr/1 G SAIO $Cnil Z:, nere s. a9,11.@. f,,lo.oo FEET aLoNc BE safrERLY LNE ff sao sE1/au/4 ro a pqNT o ffE CEIERL|NE 6 slo noo grqlejrr, eErNc nt muePqNT 0F EEGNNING tr SA|O CENERLINEi ffENCE N. @'@'OO' w J14.25 rEEl ALfrG SAIO GNERLTNE: fiENG N. J7tS6'07' U iag.sr retrALSC SAD qNERLINE; NENCE N,O7I1''OO' 49.00 EET ALONG SNO GNERUNE: ff€NG N. I9'42'OO'W, 59.@ [tT AIfiG SAO€NERLINE: BEN€ N. 26'25'00' w. 92.00 FEEr aLoNc sAD GENERUNEi frENcE t. 22's7'o' u 76.00 FEET &qc slo cenrilurfrEN€ N. J7'IA'M- W. 91.00 FEET ALONC SAIO CENIFUNEI frENG N. 45'J5'OO' W 57.00 IET ALOG SAO GNERLIN€| rHENt' N.1a'51'00'I a6.OO FEET &ONG SA|O CENIRuNE: ffENCE r. S'a5'OO'E. 62.00 EET {ilc SA|O GNERUNE: UnCe r. rO.:StO; w ao.mFEET aLoNG sArD cENEauNEi B€NG N. o7'Jgoo" H 97.00 FEEI AL$G sAro GENIRLTNE; BENG N. 1J,50'oO' W sJ.oo FEEr tec sAtoGNERLTNE; BENG N. t5'2600'W. 6a_oo FEEr ALONG SAO CENERLTNE: THENCE N. 2J,46,oo- w. 97.@ FEEr AO|C iIO mr:nUr;BENC N. lO'J7'00- w. J2-@ IET ALflc SAO €NERLtilE TO A poNr rN ffE C€NEF 6 AN EX|SING L&Ei nelCt r. go.oOb:; r. oZ.m[E T0 a PqNT oN BE ESIRLY Rrqr-s-way UNE oF sao c@Nft noro. u€rc ne wn oumnd con-nei cii iao-slhor z:BENS: N.1a'5753'E. 1212.03 FEET.
TGEHER UB AN EA$MENT FOR INGRESS ANO Effi€SS OWR THE FOLLOHIC OESGTBED PARCEL: A SmtP OF LANO 20 EEi til SOB TOBE US€O AS A ROAD ACCESS EA*UENI EruAID IN BE 581/4NWt/4 q $CNq 25. IOh$IP 5 S@fr. RNE 9I ffisT C NE SXrrpRrNcrp[ MEatotar. BETNG 10 ftET s EAq soE s nE Fo[oilric oescnrgEo clienurE
BEGTNNTNG AT ftE souBEAsT cmNER oF sAlD {1/qfr/4, THENCE s €9.11!o' w. to.oo FEET aldc uE souBEFry uN€ oF s&DSEI/Afr/{ TO A PONT ON SAIO GiERLINET nENE N OO'02'Oo' w, 314.25 r€ET ALSG SAD CENERLTNE: nelCe n i/XiOzj t. reg.::FEET 40NG SA|O C€NERUNEi BENG n 07'1400' W, ag.OO
'EET
ALilG 5Ar0 GNERLINEi BENCE N 19.42.00- t :S.OO rgri nro:c saoGNERLTNEi HENe N 26.25 00' { 92.00 FEET ALONG SA|O CENERLTNEj EENG N 22.57'OO" W, 75.00 FEEr tOC Sab mnnuxt:frENC N J7'18'00'S.gl.m FEET ALOG SAO CENERLINE: THENCE N 45'J6@'{, 57-oO fEI ALffC SAD GNERLTNE: THINC N t8t5r.@"w.
-86 @ FEET ALoNG sAlD cstrRLlNE: frENcf N oo'6'oJ' E. 75.00 aEET. uoRE oR LEss, To A pqNT m ng resftary nrcrt-q-myUilE OF COUNTY ROM Nq 2'5,
EhStrNG EASTEXT
REC.
'a9OEO5
80q-97r. P^tr-98
NOP. frER€FfiE, IN Cil9[RANON tr EE PREUISES MO FOR OflER GOOD ANO VIUABTE CilSIERAION. ftE RECEIPT AND $FNqENCY fHICH 15 HEREAY ACXNOIEOGEO. HU8ERs ANO EANES AGREE AS FOLLOWS:
1. EAES H[ @ITqAM IO HUEERS ALL RIGHI Nru AXD INEESI EAN€S Otr II BE ACCESS EAS€MENTS ffiIE BUROEN HUEEM'LANDFoR nE aENEFIT oF EANEs. As oEsffitBEo rN ual DEEo FRil soNEy MTLLER ro toaear c. eNes mo emaear i-rrrii b-iiiiuar rs,1976
^No
RECoRDED u^Y 17. 1978 rN B@K 5ro AT pAcE J2 rx BE trFrG 6 ne crrrrero courrv aeai lNo n?cmriii.- ih*ss uiLA€TAN 4L RCHI, NILE NO INERES' IN ilE 20 FT, UILITY EA$NENT OESGISEO IN SIIO OEEO,
2. HUBEFS wLL ffiNT AND COEY IO EANES nE JO FT. ACCESS. ORAINAGE AND rRRtcAtrON O,TCH EASEilENT (BE 'EASEMENT') OESCRIEDrN H€ HUBER ExEMpnoN pLAT REcoRDEo MARB lJ, j992 tN uE oFarcE tr iHE caRnELo couNTy etnir_no irconoig_iriil&Frm ro-432517.
J' HUSERS ARE NOl Pre$NlLY USNC frE ROAOVAY LOCAEO N NE EASEVENT. NO AS LONC AS HUEERS G ftEIR SUCCESSffiS filigcl: 90, Nor usE ffE EASEMENT, EANEs saaLL BE so€Ly REroNSBLE rm'ne llrrlme mo nrFein o iiin6i-0i11,-niro suqUAININAilCE ANO REPAfi SNALL BI OONE S&ELY AT ENES OISGEION AND TO rEfi SOIE SAISTAC]ION,
4- }E JO FI. EASMENT SBALL AE NON-EXAU9E, EAN€S ANO BEIF SUCGSSORS ND ASSIGNS MAY US BE EASEMENT FOA frEPURPGS DESGEEo rN THE HUBER Ex€MpnoN eLAT. HUBERS AND THErF succEssgRs ato AssrcNs urvilsqu+ niiisiMlii'roaace$ No aG urrurY PURPoqs. PRovoEo, Ho[wR, BAt (l) u* By HUEERS oR THETR succElsoRs aNo AsgcNs rly roi nNoq oaPR€WNT BE PROPER ANO REASOA&E ug ANO EISWENT ff BE EASEUENT By EANES Or BE|R SUCCESSORS OR ASSGNS, NO 0t) tFHUBERS * BE|R sucGssms oR A59ms EEG|N usrNc rHE RoAoway unN ng enseirgxr, THEY SHALL BE aeyosrgLt rrin ipheMrasaRE lF ftE c6r tr M^lNraNtNG aNo REPAF tr n^r poRroN or rxE norowri u*o By raEu. suq iiani ro ai otrniliirb effioupoN nE NUUBER s RESTDENIAL uNrrs q BE HUBER pRopERTy usrNc us aoaouV corennEb ro nr-ruueen-oi-aE-sbtiiiiiiuxrro-BE E&Es PRopERTy, EACH REEDENIAL-,UNIT EETNG RepfrstBLE Ftr sE sHARE g ne vllrNnrq lno iEcln E65i i:i.- ixrPoRnoNoFHERoADWAYusDEysucHR€srD€ilT[!uNrr. NE|IHERemEsrqnuseRsnqrrriuCa.siliiSiiiiiis&i'oiErinraSALL BE pERMrmO TO pMX G STORE EHTCUS OR UACHTNERY Wrun nE erguEri, nq rc cbrsmuq r& eurroNc &-briiirxpRo[xENT uBrN BE EASEMENT Ex@T AS uay tr REourREo rN coNNEcnoN *rx ixe nsreuelo q ulriti-siiviri. - -
5- ANY PMTY OR ftE SCGSSMS G A$IOS G AilY PARTY, HO OE9ES G IS RE@IREO TO fuRBER IMPROE UE ROAOWAY T@AEDwftlr frE E^sEuENr. FoR ExAilPLE 8y hDEMNG nE RoAoway oR plvrc rr, sil ae sqtrv myosere iod m Liii di rrv sucxlMPRoEilfrT. No FoR aNY AsSocrAEo cosr &G as. FoR Ex&pE, rovNc rcNcEs oR o[cHEi ffi rrnNc rrr-onriudi iilucmrro-BE io€way. srMLmLy, ANy pffirl fr ffE suc€sses fr asgcNs oF aNy pmry. mo olEces G rs nrournto riilisriiir ururvsRucEs wfflN nE EASxENT saLL BE s(ELy RESPoNSBLE FoR HE cosrs or sucx nir+ula. irciuoilc iii n-6ari iiiiiivoNAGE cauEo ro ffE RoAow^y DURTNG oR as-frE RESULT f sus uTtLlry senvci Nsrrirrror. ui uiii-iri stnilc'Ei rilr'[iEo rnfrE EASEUENT sHA[ aE pLAco As NEAR AS rs possBLE To nt ersrari eoNoffii o ne rrgutrr. vJ.n.-
6, BIS AGREEUENT $AU 8E BINDING UPON AND SBAIL INURE IO N€ BENEFIT tr BE HBRS, $qCE5$RS, ANO ASSGNS ff B€ PARNES.
EXSNXG EA$UENI
REC.
'a9OEO7
EOG-97!. PAGE-991
!I!IE!.!!J9ER ANO MQA T. HUAER. #OsE IqD!!!! E 179J COINIY ROAO 245. NEW CASNE. COLMAOO, Fffi GOOO ANO VALUABLEgg!!!DE!{ntr, HEREEY qaNT ND cilwy 19 RcqRl c. seres eno amsmr'r. euts, nirsnes urotn-ne c;wu'oi ii%iIEiE musraffiEEMENT q RoaERT c. EANES
^N0
BAFBARA ! EANES DAEo .EBRUARY zo, rgss. Hole runiis s iizd Eorjiiiibrii z-r-j:iLwcAsU. CIGAOO 41647. frE FOLLOWNG OESCRTB€D EASMENT:
S E4SUENT FOR EE PURPOS€S OF CONSNUCNNG, MAINTAINING ANO USING A ROADWAY FOR INGESS AND EGRESS, FOR INSTAILING ANDMAINTATNING unLlrY sFucEs, ANo lm nRrGATroN orrG No oRATNAE ruRposs, fr. acRoss AND uloia I inip rii iriro sii foEr NsoB slruAED lN nE sEl/aNfr/t 6 sEcnoN 25, Totrsrp 5 s@n. aerq gt Eir oF nE srxB pmtcplu cEarqu. emrELijcouNTy, coLGADo, sarD smp (li rANo aENG 1s.d rrr ro Erci iroE oi rii ibiib*irc oescnrss cerrnurE,
8€QNNnG rr nE €NER oUNER coRNER-oF-sAD sEcls ?!.1 Lgs? ERAss c^p, Ls. No. 14060 r@No rN pLAcE; fiENE s. Eyil,4o-w. ALoNG n€ EAsT-resr GNITRUNE oF satD sEcnq 2s 15.00 FEET ro ne mur iqlt u ggcrnNnc, ntxe ixirtii-L-oi-ldcfunsesaNo orsrNGS ALdc SA|O EASEMENT GNERLTNE: N. 00.02'OO' [ 2t9.54 E€T; ftENCElJ8.77 rrr et6nc ur mC r n onw'io urLEFT HA$NG a RrctuS OF 32..9a E€t ANO GNm[ aNU OF 24'2E.Oo-; nrli€ l. zr.:o'oo. w. roo ruir, nex&lga.zi-ii'E1 [olcBE ARc oF A cuRE To BE UFT HAUNG a RADrus $ 990.24 FEEr. a c(NBAL ANeE oF r.Jo'@'i rxrnci zizo rEii riqC nr ancOF A ARE TO BE RGNT HAMNG A RADIUS OF 42,09 rETT NO GNMAL ANqE OI 97'OO'OO' rO I iOrNi OI Ni SOMMiEiriRIGHT-q.WAY UNE tr GARFIELO COUNTY ROAO NO. 245. THE POINT S ERMINANON
ovil\ER/APPLICANT: SPECIALITY RESTAURANTS CORPORATTON
8191 EAST KAISER 8LVD,
ANAHEIM. CA 92808
714-279-6100
TUTTLE SURVEYNG SERVICES
226 HEATHER LANE
GLENWOOD SPRINGS, CO 81601
970-92a-9708
EOUNOARIES UNLIMITED INC,
823 BLAI(E AVE,, SUITE ]02
GLENWOOD SPRiNGS. CO E]601
970-945-5252
BAKER_HOGAN_HOUX
P.O. BOX 931
BRECKENRIOGE, CO A0424
970-45J-6A80
SNESS UY HANO AND $AL
XY COUtrlSSlff EPIRES: _
SURVEYOR:
ENGINEER:
PLANNER:
LANO USE SUMMARY
14, OEWLOPMENT UTN NE FLOOO PIAIN IS SU8]ECT TO GARFIED COUNTY rcVNISTRANE PERMITNNG.
]5- IT IS THE INOIUOUAL LOT Oh€R's RE9ONSIEILIil, ACCffiOING TO frE COLORAOO NOXI@S EEO ACT AilOGARflru C@NITS ffiEO ilNA€UINI PL&, TO MNAG ANY NOXOUS EEDS fr BIS OR HER PR@ERTT
16. ffiADING Fq C&EYANG tr STORilWAER AtrAY FROM SMUCruRES $U BE BE AE$ON9BIUTY O, EAqr9l o!i!!EE. u offiERs $ALr aLLow Fm coNwyuct oF srffiilwAER nnouq uen ror. euiurlC e-aatrrappLrcaroNs FoR arL loTs $au tNcLUE A ffiaoNc ruaN D€goEo By e pnorrsstmnr glCntm
REGISEREO IN BE SIAI S C+MDO,
]7. SOLS ESNNG WAS PffiORM€O AND A GEOTECHNICAL REPGT WAS PREPAREO 8Y CTL-ffOUPSON. INC- DAEOAUGU$ !6, zoo5, s No. cwq591-ir5. EUrLorNG pERillr AppLrcAnoNs Fffi [! ron g*i aeouir-l sEpEoFrc cEoEGNTcAL rNwsrGAno No ffirrEN nepmr c necourerolrroi ro oerngrxe pnopen
FfuNOAION DESIGN ANO IINGAION OF POENN4 GfrOGIC HAZffiOS.
18, frE COLORAOO OIVgON S H@LI[ SHATL BE HED HARULESS Mq ANY NO ALL CLATMS FOR OAUAG TOLANDscAprNc rMpRowENTs, tENqNG, oRNAMENTAT. NAnw ANo cmDEN prnrriiesurlrc raw qt
ACNUNES OF SIDLIFE,'
I9. GARNEO C@NTY UOSAIIO ilANAGEUENT PERSqNEL ANO COTRACEO PERSSN€L SHALL BE SWN ACG55 TOAU EASMENTS ANO OEED RESIRICEO AREAS FOR BE MANAGMENT q VOSOUTTCS IS IEGSSENY. NEHoMEowfis ass@an& sHALL aE R€gdgaLE FG MANAcUENT q uosourr<ie} rN aNo aRouNo BEpso. coNrAcr HE GanELD couNry wcETAnoN MAilAGEMENT orrrq rm onnErl rmoaurlor ntcaioncMOSruITO IANACM€NI
20, NIS $R€Y OGS NO] REPRESENT A Nru SEARCH BY ruT[E $RENNG SRUCES. INC- IO OEERMIIEohERsarp oR EAsilENrs 6 R€coRD. ALL rNFffiMAnff atcmornc omensirp. treEilENTs ANo onenEN@MBRANGS q REcoRo was oBrAtNE! FRof, ND suBfcl ro I lm rnsuiuc cwvrruert rss-ueo eycqMoN[aLB nu s cARFTELD couNly, rNc.. prrrl co, moEn ro. oioiols. iireclw reruani_zq-266+.
21. ADORESSES ME TO BE P6ED B€RE THE ORIEWAY INER*CTS SIH NE COUNry ROP AS ELL AS d BEINOIVOU& HOMES AND/OR HERE gNff DRIES INT€RSECT UN frE SHffiTO DRIEWAY, LEIIERS ARE TO 8EA UTN|MUM r 4 NGES tN AQGHT. 1/2 |NCH tN SOrH AND A€ tN CONnAS] rO EAffq@NO COLORS.
22. TO MINGAE FIRE HAZARDS. EACH LOT OBER SHALL INCORPMAE ND ilAIN]AN A DEFENSELE ULDFTRE ZONEAS SI FORff IN THE'COLfiAOO SIAE FMEST SERUC PU&ICANO 6,302.
2J. NO ACCESSffiY DffiLLING UNITS ME PERMIMO UffN NE trISPERING GEEK SUBDIVSION.
24, ALL INOIVOUAT SEWAGE OiSPOSI SEEMS SHU BE SBAq NFTY (50) FEET MOM NE TOP OF GE 8NX q
EAST ELK GEEK.
25, A 10'ORAINAGE EASUENT $ALL BE CENERED {EG ALL PROPEFT LINES,
aisnm FElrrt
REe
'49@5
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SUR\€YOR'S CERTIFICATE:
I. JETR€Y ALLEN ruNE, OO HEREEY qRNFY ]HAT I AM A REOS]EREO LANO SURWYOR LIGNSD UNDER DE LAE ff ilE STAEOF CfrSAOO. frAT BIS PLAT 15 A TRUE. CffiRECI AID CqPLEE PLAI G ilE HISPERING CREE( $EOIVSION, 'A
EES9BqrV5|ON 6 PMCEL A 6 BE HUaEA Sq--i5-Ex!!{tnqt PLAT,. AS rao ouT. pL^mD, oEotcaED No $otr HEREff.ffAT sucH PtAr was M^0€ BY uE FRry AN AccuRAE suREy or sero Faocrnri at irE rm uroen lr s[pEavsrbl-irir]-csR€cty $08 BE L@Anil AND DTMENSTffS 6 nE LOE, trSeuExrs mo sneEre q sao *aorvgil is nii ii',ie mesrMEo upol frE souNo rN cwpLraG sB FeUcABLE REiilLArfis rcwarnC nr wBorvsroN s LAND.
IN WftESS UEREOF I HAE ST UY HSD ANO SEA frIS
--_.
DAYF _-_--_____, a_D_, 2oo__.
Areo * Useoble Spoce
1
2
4
Existing Zoning - A/R/RD
Proposed Zoning = A/R/RO
Totol Number of Lots Proposed = 5
Totol Number of o{ell;nq Units Proposed = 5Totci Number ol lndividuol Dwelting Units
Proposed for Eoch Lot = 1
Totol Number of Proposed Off-Street Porkinq Spoces = 5x4=20Totol P.oposed Density = 2.58 Acres per Dwifling
r As.deJined by S€ctions Z2O.3O & 2:20.335 of the Gorf;eld County
Subdivision Regulotions.
MINERAL OW!ERS
SPECIALTY RESTAURANTS CORP,
E191 E. KAISER BLVD,
ANAHEIM, CA 92608
MARY LORAINE JACI(SON & REEA JOHNSON
2926 WELLINGTON AVE.
GRAND JUNCTION. CO 61504
RONALD KISSEE
C/O ALEX KISSEE
529 OONEGAN AVE.
GLENWOOD SPRINGS, CO 81601
CHARLES A. & IOA E. WEAR
NO KNOW]\ ADORESS
KARL O. & HAZEL R, LARSON
NO KNOW\ ADORESS
AOJACENT OSNERS
ATTORNEYS CERIFICA'IE:
I, :____- _-. AN AfrORNEY LIGNSEO TO PRACICT LAW IN NE STAE 6 COLORAOO, DOHEREBY CERTFY ftAT A[ o€OTCAnONS TO frE pUBLrC, A5 DESffiTE€O q nS rN& iilr me rner oD crim oirri riiis.--&aMs oF ENcluBR&Gs G REc@o aND FlRriER nar fts suBDrMsrft rs rr suasienrt coupunice un ne crnitidC@NTY SUBDTUS|il REGUIAI0S O t9a4.
Br _______-_
ANORNEY
DAE;___
ftIS PLAI, APROEO BY NE BOARD OF C@NTY CilMISgqERS r GARFIELO COUNTY COLGAOO, THIS --- DAY 6:=:=_-4 0, 200_ FoR FrlrNG ilr!,11F cLEEK f!0 REcoRDEF oF oennero cwrrr ino roi-dwunci io-nrC@NTY G THE ?uBLlc DEDrcaTloNS $ofi tsEREoN; su8{cI ro THE pnoust0 nii-rppnov[ rx ro wai OeliCAEl iriiliroCilNry Fffi THE TNANONG ffi CO5RUCING r NPROWMEXTS il LNDS. PUEUC TICiWEN, M EIgUEIT'OUCIilO_iii'iiEPUBLIC ExEPr As YEclFrcauY AGREED ro By- THE BoaRo oF couNft cqiurssseas eto ruarnen nF sloliinb:uL}iiiiLrN !o wAy oBucAE cAFTELD c@Nly Fffi nE coNsnucnol. ntpra on urrnrriicr or puerrc srCiir\d_
80aFo s couNr coMMtssfrERsS GARfl€U IOUNTY, C&MMO
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lvhispering Lone
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Totol Lot A.eo
BY:.-----
WTNESS MY HANO ANO S& OF BE C@NTY q GARN€LD
ATEST: ___
C@NT (ERK
fPROEO FM CONENI NO FMM ONLY ANO NOI THE ACCURACY OF SREE, CALALAIONs ffi ORAFING. PURSUANT TO C.R.s..197J. 3&51-tO1 AND tO2 (REU*D}
8Y _____.--_
GffiNElD CNNIY SURWYCR
OAEI
CLERK ANO RECOROER'S CERTIFICATE:
fIS ruAT WAS N@ IOR RECORO IN frE OtrICE OF BE CLERX ANO RECffiOER tr GARFI€LO COUNTY. C&ORADO. AT
-_-
o'ctocK _u.. Grs ___ oay s____ . 2oo_, tN Bq ___. aT PAGE_. RECEpnq NO. __
NIS EASUENT 15 FM BE SENEfIT OF ANO FPURENST TO IHAI LANO, OR ANY PART ftERES, SruAE IN GARFIEE CANIA COLGAOO, AS SHOW\ ON SHEET #2,OESCRIBID AS frE NE1/4Sf,1/' OF SECNO 25, TOhSHIP 5 SOUN. RMCE 91 ESI OF frE EXTH PRINqPAL MERIOIAN.
BY:
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Whisperins Creek Su bdivisionA Resubdivision of Pa1cet A of the Huber SB-S1 Exemption plat
A Parcel of Land Situated in the SE|/4NW1/4
PONT S EEGNNIXG
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secfion 25, Townst,p 5 south, Range g1 west of the 6th p.M.,
Garfield County, Colorado
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ftEt caru. co 116a7
RIGHT-OF-WAY DEOICTION
TO GARFIELD COUNTY FOR
couNTY ROAD
'245
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R-69r.54'
L=221.39'
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^ND
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fAtrlA .rAn r&nly6 AEA y/C&.,
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Glcnwood Springs. Colorodo 6160l(9zo) szE-920a (FAx gtz-gooz)
tss-us.cotn
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EXHIBIT B
BoUxDARIES
Ur.IUrvrITED INc.
Consulting & Civil Engineers
WHISPERING CREEK SUBDIVISION
ISDS DESIGN AND PERFORMANCE STANDARDS
Page I of 2
October 22,2007
The Preliminary Plat Geotechnical Study by Hepworth-Pawlak Geotechnical, Inc. indicated that the soil
conditions of the property consist of up to about one foot of topsoil overlying clayey to silty sand and sandy
silty clay. Ground water was encountered in some of the boring test holes at depths of 2 t/z to 7 feet.
Percolation tests were conducted by Boundaries Unlimited Inc. across the site. The excavation of percolation
test holes revealed soil conditions similar to those presented in the geotechnical study. Percolation test results
ranged between 62 and 100 minutes/inch. The test hole location map and data is attached.
Based on the available information and test results, site conditions are marginally favorable, but workable, for
the installation of engineered ISDS's on each lot.
Each ISDS installed within the Subdivision shall comply with the Garfield County ISDS Regulations and the
following additional requirements :
A. each system shall be designed by a professional engineer registered in the State of Colorado pursuant
to Colo. Rev. Stat. $12-25-111 (1999);
B. each system design shall adequately address the soil percolation conditions present at the Lot site,
which percolation rates shall be verified through appropriate on-site testing of at least three (3) test pits
at least twenty (20) feet apart and within ten (10) feet of the leach field footprint.
C. each system shall be designed to adequately service the number of bedrooms within the residence, but
no less than three (3) bedrooms;
D. the tops of all tanks or risers extending therefrom shall be surface accessible to facilitate system testing
and maintenance;
E. trench segments with at least (6) feet of separation shall be used whenever practically feasible.
Monitoring pipes shall be installed at the far end of each trench segment to allow inspection of field
conditions. If a bed must be utilized, a single zone shall be acceptable. If mounding is required to
establish (4) feet of suitable soil, a single pressure dosed zone shall be acceptable. If a bed or mound is
used, minimum of (2) monitoring pipes shall be installed at ends of the bed or mound;
F. each system be designed with sufficient area specifically allocated for a reserve leach field to ensure
that a future replacement is possible. The reserve leach field shall meet the same design criteria as the
primary field and shall not be constructed over with driveways, buildings or other permanent
structures; and
G. discharges from in-house water treatment devices (water softeners, reverse osmosis systems, etc) shall
not be disposed of through the ISDS system and septic tanks shall be fitted with an effluent filter.
823 Btake Avenue I suite Lo2 | Glenwood Springs I colorado 81601 | en ozo.sa5.5252 | Fax 97o.384.2833
BoUr\IDARIES
UruTITVUTED INC.
Gonsulting & Givil Engineers
WHISPERING CREEK SUBDIVIS ION
ISDS DESIGN AND PERT'ORMANCE STANDARDS
Page2 of 2
October 22,2007
Following ISDS installation, each Owner shall provide the Association and Garfield County Department of
Building and Planning with as-built drawings in relation to the other improvements on the LoL to scale,
depicting the location and dimensions of the ISDS facilities including the absorption field and monitoring
pipes, all applicable design, operation and maintenance specifications of the system's manufacturer and
*ritte, certification from the design engineer that the ISDS was installed in conformance with the
requirements above stated and all applicable design specifications of the manufacturer.
In the event the Association fails to properly implement and enforce the design and performance standards set
forth in this paragraph, the Board of County Commissioners for Garfield County, Colorado and its duly
authorized representatives and agents, shall have all the right to enter upon the property and implement and
enforce such standards at the expense of the Association or exercise any other right or power afforded under
this Restatement including, but not limited to, the initiation of appropriate proceedings in the District Court
for Garfield County, Colorado, to compel enforcement of the same.
The provisions of this paragraph shall not be amended or repealed by the Homeowners Association or Lot
Owners without the written consent of the Board of County Commissioners for Garfield County, Colorado.
823 Btake Avenue I Suite LO2 | Glenwood Springs I Cotoraao 31601 | en SZO.O 45.5252 | Fax 97O.384.2833
BoUntDARIES
$rulrMrTED INc.
Gonsulting & Givi! Engineers
WHIPSERING CREEK SUBDIVISION
ISDS MANAGEMENT PLAN
Page 1 of2
October 22,2007
A. In order to ensure that each ISDS installed within the Subdivision is inspected on a regular basis and
properly maintained, the responsibility and authority for such inspection and maintenance shall be vested
exclusively within the Association. This management plan is not intended to provide for common
ownership of the ISDS(s) or to provide corrmon funding for the construction, repair or replacement
thereof, such ownership and responsibility for construction, repair and maintenance to remain with the
Owner.
1. In accordance with the above, the Association shall:
a. retain at all times, the services of qualified personnel to inspect the ISDS(s) and to perform all
maintenance and repairs necessary to ensure that same are installed properly, remain in good
operating condition and comply with the performance requirements set forth within the ISDS
DESIGN AND PERIORMANCE STANDARDS.
b. Inspect the operating components of each ISDS within (30) days of being placed into operation;
thereafter, each ISDS shall be inspected every year and the septic tank pumped at the time that the
solids (settled and floating) accumulate to a level of 20-30 percent of the effective capacity of the
tank.
c. maintain at all times written or other permanent records documenting the date each ISDS was
inspected or tested, the results of such inspections or tests and the extent of all maintenance and"/or
repairs performed. All documents maintained by the Association pursuant to this provision shall at
all times be available for inspection by Lot Owners and/or authorized representatives Garfield
County.
2. The following provisions shall apply in the event the estimated maintenance or repair costs required of
any ISDS exceed in total during any one calendar year, $1000.00:
a. the Association shall give the Lot Owner and Garfield County Department of Building and
Planning written notice of the nature and extent of the work necessary, to return the ISDS to good
operating condition and/or bring the ISDS System within the performance requirements set forth
within the ISDS DESIGN AND PERFORMANCE STANDARDS; and
b. within (10) days of receipt of such notice, Owner shall at his or her own expense submit an
application for an ISDS Permit to Garfield County to repair or replace the ISDS; and
c. within (30) days of receipt of such Permit, Owner shall at his or her own expense cause to be
completed, the repairs set forth within the notice. In the event Owner fails to complete such repairs
within this the period to the satisfaction of the Association, the Association shall have the authority,
823 Blake Avenue I Suite tO2 | Glenwood Springs I Cotoraoo 81601 | en szO.s+5.5252 | Fax 97O.384.2833
$Bs':mms:Gonsulting & Givil Engineers
WHIPSERING CREEK SUBDIVISION
ISDS MANAGEMENT PLAN
Page2 of2
October 22,2007
in addition to any other remedy provided within this Restatement, to take any of the following
actions:
i. to impose against Owner, a fine not to exceed $200.00 for each day in which the ISDS System
remains unrepaired;
ii. to complete on behalf of the Owner the required repairs to the ISDS. All costs included by the
Association in connection with the restoration shall be reimbursed to the Association by the
Owner of the Lot, upon demand. AII un-reimbursed costs shall be a lien upon the Lot until
reimbursement is made which may be enforced in accordance with the provisions of this
Restatement; and/or
3. In the event the Association fails to properly implement and enforce the provisions of this
management plan set forth in this Article, the Board of County Commissioners for Garfield County,
Colorado and its duly authorized representatives and agents, shall have all the right to enter the
Subdivision and implement and enforce such provisions at the expense of the Association or exercise
any other right or power afforded under this Restatement including, but not limited to, the initiation of
appropriate proceedings in the District Court for Garfield County, Colorado, to compel enforcement of
the provisions of this management plan.
B. To encourage the health and longevity of the ISDS system, the Owner shall consider the following;
1. Minimize the amount of water that goes down the drain, the better your system will work.
2. Minimize solids going down the drain.
3. Eliminate garbage disposals or keep the use of garbage disposals to a minimum.
4. Minimize grease and oils that go down the drain.
5. Use lint filters on laundry machine drains.
6. Keep sand and dirt out of the building drain.
7. Avoid flushing sanitary napkins or paper products other than toilet paper.
8. Do not use lye-based drain unclogger chemicals such as Draino, Oven-Off, or other strong cleaning
agents
9. Do not put any "root deterrents" down the drain.
10. Do not pour paint thinner, pesticides, paints or photo lab chemicals down the drain
11. Minimize use of chlorine bleach and toilet additives.
(from The Septic System Owner's Manual,2000, Shelter Publications, Inc., Bolinas, CA92924)
C. The provisions of this ISDS MANAGEMENT PLAN shall not be amended or repealed by the
Homeowners, Association or Lot Owners without the written consent of the Board of County
Commissioners for Garfield County, Colorado.
823 Blake Avenue I Suite LO2 | Glenwood Springs I Colorado 81601 | en O2O.O45.5252 | Fax 97O.384.2833
EXHIBIT C
l
lntegraleil Uegetation and Weed Management PIan
WhisRefing Greelt
A Bcsidentiat $ubrliuision on tast tllr GreeI neal llew Castle, Gailield CounU, Golotado
ffiffiffiffi Effiffi&ffiffiEffiffiL
t67l ligl*tay 56 . Qrand Jundon CO Alfra
97o 2fl o275 . f tx 97 o.z4t zz99
bill@dzrlecobgic{com
Mothirs FL:h .LLbtat E ?ondDesiaa . Mined LanA ?ernits E COL AOA Permb . Uarsh 5ite P,anlr E P--edamalion ?lans ' CD0I -Lrosion ContoL Su?elisor'iffiff(V;Gilp"tar*
= rviuLii" rtJ[t Jhin **t . on-SiteProjedvlanasem.nl . fltralfaunaLss*srent . tVuuna firelfitisahon
Integrated Vegetation
A Residential Subdivision
and Weed Management Plan
for
Whispering Creek
on East Elk Creeknear New Castle, Garfi'eld County, Colorado
PrePared for:
Specialty Restaurants Corporation
in care of
TobY Guccini
Rocky Mountain Realtors
402 Seventh Street Suite 100
Glenwood Springs, CO. 81601
Prepared bY:
BilI Clark, Biologist
Clark Ecological
1673 US HWr 50
Grand Junction, CO 81503
JuIy 15,2005
I. Introduction
Whispering Creek is a five lot subdivision on a 12 acre tract of land located approximately 1'6
miles northwest of Newcastle, Colorado on the Elk Creek Road, County Road 245. It is adjacent
to East Elk Creek. More prec-isely, it is in T.5S., R.91W., Section 25, SEl/4NWll4,6h PM,
Garfield county, colorado, Figure l, page 8. The purpose of this report is to provide the owners
of lots in Whispering Creek u pt* to iontrol noxious weeds. This plan is based on integrated
pest management *-a *iU inctuae general techniques for perennials and biennials, and best
management practices based on principles for integrated pest management'
The properly was inspected on lully 12,2005 by the author, commencing about 10:00 am through
121bpm. Weatho *u, hot and dry and follows several weeks of little to no precipitation and
high temperatures. The diversity oiplant communities is quite high for a small tract. The stage
oflevelopment of certain noxious *""d. found should receive immediate, aggressive treatrnent
efforts. Some species will require long term maintenance by individual lot owners and may be
greatly reduced but never be exterminated from the property'
The plan is based on five separate landowners each treating their specific lot. It is assumed the
ioigut"a grass portions will continue to be grass hay, predominantly smooth brome' It also
*ri,r". fte ragebrush plant communitywill be maintained in it's natural state.
II. Landscape Setting
The property is irrigated grass pasture on an abandoned floodplain terrace_with a dry, prominent,
"*t A 6itt,iossitf a drumlir(a low, rounded, elongate hill of compact till left by a glacier)'
Elevation is between 5640 and 5710 feet above MSL. There are at least three soil types present.
This combination of factors results in four separate plant communities on a relatively small tact
of land although two are very similar and would become one type if the irrigation delivery was
improved to all areas previously irrigated'
The properly has been irrigated and grazed,with cattle by a lessee as recent as 2OO4 according to
u r.ighbo.. The hill is not-irrigatea ana is an over-grazed seral sagebrush community with a few
jnniiers trying to become established. Over grazingis evidenced by snakeweed, Gutierrezia sp',
'gallita, Hilarfaiamesii awarmseason desirable native, cheatgrass, Bromus.tectorum, afld in the
Io*r, elevationi of the hill, field bindweed, Convolvulus arvensis all of which are indicators of
overgrazing in this plant community. Domestic livestock sign was found buJ no mule deer or elk
signias oiserved atttrougtr transient animals could be expected to wander through from time to
time. There were rwo gr;ps of Cirsium undulatum, wavyleaf thistle a native thistle of little
concern. All told therelwere 6-10 stalks with some inllorescence and some seed- This thistle did
not appear to be a problem and needs nothing more than monitoring. There are several small
g*pi of a:rowleaf balsamroot, Balsamorhiia sagittata, a desirable native forb which should
iot be confused with houndstongue rosettes. The sagebrush is probably Wyoming Big
Sagebrush, Artemesia tridentata wyomingensis, a desirabie native species. Along the county road
are a few, legry Basin Big Sagebrush, A- t. tridentata'
Meadow portions of the properfy with fine texture soil, previously irrigated but not irrigated this
year, are dominated ty smoott, bro*", Bromus inermis, a species considered to be noxious but
not yet regulated, with a smattering of alfalfa, Medicago sativa. There is some rill type erosion
from the ditch over flowing whichls hidden from view by heavy grass production from nahral
precipitation this past wintL and spring. The rills are not apparent and will be a consideration in
mechanical control techniques in the northern portions of the property'
Drier meadow areas with coarser soil are dominated by western wheatgrass , Pasco?ryrum smithii,
and a buckwheat , Eriogonumsp. The meadows and irrigation system do not ap?ear to have been
very well maintained io tfr. recent past which has led to less smooth brome and more westem
wheatgrass in the drier areas with ioarser soils. The drier meadow areas would probably be
mostf smooth brome and a little alfalfa if the irrigation water was better applied.
A riparian forest with mature understory of shrubs is found in the active floodplain on the
*".i"* edge of the propefi. Dominant species include narrowleaf cottonwood, Populus
angustifulil, chokech ory, F*r^ virginiina,river birch, Betula nigra and aldcr, Alnus viridis-
fn"e ripariart area is moitf inaccessible to cattle except for water gaps in the fence where access
to the stream for watering occurred.
Ill.Targeted Weeds Found
Listed noxious weeds found on the properfy are: Houndstongue, Cynoglossum fficinale,
canada thistle, Cirsium arvense, chicory, Cichorium intybus, and russian olive, Elaeagnus
angustifulia. The good news is the infestations are relatively minor and primary conhol can be
with mLchanical control methods and small amounts of herbicides.
Other persistent weeds found include: Clasping pepperwee d, Lepidium sp., greenflowered
pepperweed, Lepidium densiJlorum, cheatgrass, Bromus tectorum,which are annuals and field
Lirra*""a, Coniolwlus arvensis, a perennial. Although not listed or regulated, control and
reduction of these pests would facilitate recovery of the property. Good care of irrigated areas
and the surronding perimeters of roads, ditches, and builiding pads will help preve'nt future
infestations of all invasive species. Reduction and control will be achieved much more quickly
with removal and cessation of domestic livestock grazing'
fV. Amount of Infested Land and Methods of Treatment (see Figure 2):
Ihe first and most important best management practice to reduce the spread of all weeds found
including those regulatud is to minimize the areas disturbed to construct residences. This
includeithe building pad, buried utilities, and roads, driveways and other structures. It is
especially importaniin the sagebrush community on the hilL Irrigated land, if disturbed, can be
,itott "ly eaiy to revegetate by re-seeding and irrigating but not the natural plant communities,
i.e, the riparian creekTottom land and the sagebrush hill or lorcb.
Canada thistle: A perennial reproducing from vegetative buds in the root system and from seed
was found in two separate locations. One location is near the northern fence in a swale that runs
southwest to the ,.r"k *d may be slightly wetter than the surrounding meadow. It is an area of
1g0 feet by 30 feet, about 0.12 acre and seems to be limited by availability of soil moisture.
Density oistalks is about 15%. These stalks are flowering and should be cut and bagged
immediately. If not cut and bagged immediately, rosette treatment will be needed next spring.
The other spot is a small goup of 25 stalks in an area occupying about 25 square feet near the
creek in the bottomland,rira"ittt" riparian forest canopy' The patch is quite small and C'
arvenseis reportedly shade intolerant. The density of sialks is much greater but in a very small
;"t. Th" buds will be flowering in the next few weeks. These stalks need to be cut now or cut
uira tuggea later if the seeds forir. If this is not acccomplished, early spring spraying of
,"rottio'i-settes will be essential. The riparian ptant community should be monitored regularly
for this pest and contol initiated immediately if
-found.
Thgre w€re a couple of isolated stalks in
a drier prrt of tfr. meadow near the larger stand but otherwise C. arvense is limited to these two
very specific sites.
Cultural and Mechanical Control:
These two infestations are small enough to be mowed wittr a gas powered string
trimmer. Mowing temporarily reducei above-grorurd biomass, but does not kill
Cirsium arvens, ,rrt.rJ ,.p"ui"d at7-28 day intenrals for up to 4 years. Mowing just
twice a year, in mid-June and September may reduce or contain Canada thistle'
when mowing, cut high enoughlo leave > 9 leaves/stem, ot >20 cm ofbare ste'm
tissue, ^ *utii" Canidathistle leaves and stems independently inhibit development
of shoots from rootbuds. Stems with flowe,rs that have been open 8-10 days can
devetop viable seeds. When the primary stem is removed, rootbuds are stimulated to
produce new shoots that might oth"r*ir" be suppressed, especially under low
humidity.
Different ecobpes respond differently to the same herbicide, so what is effective at
one locale, oi o" one- clone, -ry ,ot be effective in other locales or clones. It is
*port rrt io ,rry herbicides usedat a site to prevent clones tolerant to one herbicide
from becoming dominant. Whe,lr selecting an alternative herbicide it is best to use
one with a different mode of action (mechanism by which it kills plants, i.e.
phenoxys like Z,4D,benzoic acids like dicamba, and carboxylic acids like tordon all
of which are synthetic arxin growth regulators and EPSP slmthase inhibitors such as
glyptorat4 to minimize chirces thai plants are not tolerant to both herbicides.
Aiptications of a mix of these two types, e.g. gllphosate and 2,4D is often more
effective but extra care must be take to protect desirable species'
C. arvenseis best teated with herbicides in early spring or in fall and fall treatnents
are usually more effective than spring teatnents. Herbicide absorption is enhanced
in late slllnmer and fall, when plants are in the rosette stage, as shoot-to-root
tanslocation is greatest at that time. It has been found that contol is improved if
thistles are cut in late July and the resprouts treated with glyphosate about 4 weeks
later in late August (the 'August rosette stage'). Second best treatnent time is at
flower-bud stage, when root reseryes are lowest, particularly under drougfuty
conditions. However, native or desirable species can be damaged by growing season
herbicide application and glyphosate should only be used to spot teat in the natural
plant communities.
Numerous herbicides are now available for control of canada thistle. Tordon
(picloram) is probably the most effective. Tordon may grve a95%o control in the first
year when applied in the spring prior to flowering or in the fall during active rosette
";
ganvet (dicambaf or-2,4-D amine will suppress or control Canada thisfle.
ilo*.u"r, -o., iff."tive lontrol may be achieved by combining the two herbicides
in a 1:1 mixture with the label recommendation of water. This mixture should be
uppfi.a in the qpring prior to flowering or in the fall when the rosettes are actively
fi*h* Roundup rtiyphosate) applied at the bud stage or during the activegrowth
il*i"O il tf,e fall'wil'also contol-this thistle. Amitol (amitole) applied when ttre
;h"t are in the bud stage has yielded 70%o confrol in the first year. Most herbicides,
except Tordon, should irot be applied while the plants are in a moisture shessed
"orrdition.
Other herbicides that
-have
shown potential to conhol Canada thistle are
Buctil (bromoxynil), curtail (clopyralid plus 2,4-D), and Stinger (clopy:alid)-
Boom Mixes
(2so g/L)
',2,4-D amine ii(225 g/L)
@Tcomments
i;z.zto 3.5 Vha iiLo*". rate for non-croP i
i,situations, higher rate i
i,for turf. i
Herbicide
(active
ingredient)
Commercial I
product (content I
of active
r@ ii comments i,! commercial Product * ii ii
i diviae by 2.47 for litres/acre ii
iii::
i to +fVha (1.5-1,8 Vac) ;:Consult product.label for I
i !,further information' i
t t
-
----:i-:-----_-=t:;Zffi:---,Goo"L)-iE12,4-DB ::(400 g/L) iir.U. _-_ il
---i'-
'.nppty
when weeds are asi
i:small as possible. :
Uha
Pasture. Rates vary
iiaccording to use. Check
iilanet for correct rates.
3.0 vha
'MCPA amine
.T
ii}.7 - 4.7 Uha
i!
ii
:,Use for thistle seedlings
iiin pastures. Lower rate
i:for pastures with
iilegumes. Higher rate for
iinon-legume Pasture.
iiUse for established
i, infestations in Pastures
iiand non-croP situations.
::Use with MCPA if rosette
i,lutg"r" than 20cm.
2.o Uha
:;Clopyralid is a residual :
i:herbicide. Check the .
i:label.
---:l[lre * "ttablishedirinfestations in fallow,
lpre-sowing or non-crop
isituations.ilsituations.
=_.:-.'..*-..,_=:::-
j-:::==--*:-:-:=>-----
F-Use a spraivof ume of zOo to 250 litre;Eeihectrre (80-100 gallons/acre) for dense
infestations.* Rates given are summaries. Always refer to the label for exact rates applicable to the
situation.
Gty;hGt" -l:".s-R*ndup, iio.o Vtra :tl
iiGlyphosate 360 ,, iirr
ir(s6b glul i. iiPi: l;(s6b g/u) i.iii,
.-_--_--:-jL
Typica! Spot Treatment Mixes
MCPA ii(2s0 g/L)
ti
iiThe higher rate will
:::i i:(500 g/L)aiiii:
iiimprove control but will
i
i:increase clover damage
:,iin pasture situations. ;
i:4 to B ml
i,
irZ to + ml
'2,4-DB i:(a00 g/L)
,Clopyralid iiLontrel L@ iiz.s to 5.0 ml
i;(300 g/L)control.
lGlyphosate ,iwater must be used
iiwhen spraying
:iglyphosate. The addition
tiof a v"etting agent
,iimproves control.
xact rates aPPlicable to the
situation.
All herbicides, whether applied by the homeowner or a corrmercial applicator must
be applied according to the label instructions at the time of the keatunent. Over
uppli*tio, is the most common cause for failure of pesticides- kr fall applications,
lower dosages, according to the label instructions'
Use of a surfactant is always a good idea'
Chicory: A simple perennial, this is the most widely dispersed of the listed noxious weeds on
the property. It i found with the larger Canada thistle infestation along the north fence, arouod
the disturbed area where a level building pad is located, and along the road and ditch. Plant
density is low where it is found but it is dispersed widely in a linear manner on the property
perimeter and along roads and ditches
Cultural,/Mechanical :
The total infestation is small enough the C. intybus could be mowed with a gas
string trimmer. Mow to 2" hei$ttto keep from flowering' Mowing can prevent
enflorescence but herbicides will still be necessary. This should not be mowed so
short where C. aryense is being controlled by mowing and spraying.
Promote healthier turf by fertllizing, aerating and watering properly.
ite.g. RounduP, i:10 ml
i,Glyphosate 360 il
;:(360 g/L) ii
Herbicides:
Broadcast or spot treat in late sunmer or early fall with the C. alvense when
natural precipiiation can be expected using a growth regulator guch as the phenoxy
"o*por-d Z,qO or a carboxylic acid such as clopyrilid, or a mix of the two at the
rosette to flowering stage.
Spot treating with gllpf,osate (Roundup, Rodeo, etc.), carefully, in amix with
2,4D willpi.r*" otirer surrounding desirable vegetation. Use the same mix as
used on C. arvensewhich should work on C' intybus'
Houndstongue: This biennial can be controlled but should be monitored for expected retums'
Orty on" nivering plant was found and I picked it. It was_on the edge of the tenace along the
creek on the west siie of the property and ihere could be others I missed. Several rosettes, but
less than 100 total were found hlow density near, on and around the leveled area, in the extreme
northeast corner of the property in areas disturbed near the ditch, and along the edge of the
terrace before it drops into'th"
"reek
bottom. Oddly, none was observed in the creek bottom
although the riparian plant community should be monitored regularly for this pest.
Cultural/Mechanical:
Physicallypull and bag flowering plant or plants immediately.
physically pull or cut ihe rosettes a little below the surface of the ground.
Herbicide:
None is required if the pulling is done. If it spreads this fall or in following years,
the rosettes and early flowering plants both can be sprayed with the same
broadleaf herbicide used on the C. arvense and C. intybus. If the mix contains a
glyphosate, care must be taken to not spray desirable vegetation.
Russian olive: A hee, of which four median aged E. angustifolia can be easily seen on the
property. Two along tle ditch in the northeast p"rt of t}r" property and two along the access road
io i;d County Roai 245,theEanes home. None was observed in the riparian plant community.
No silver buffaloberry , Shepherdia argentea was observed in the riparian areq but if present it
must not be confused with ^8. angntifulia. E. angustifuliahas true thorns, and alternate leaves
and branches. ,S. argenteahas ofposite leaves and branches and sometimes have short, dead leaf
spines which can appear to be thorns.
Combination CulturaL/Mechanical./Herbicide:
Cut as close to ground as Possible'
Spray the stump immediately, in no less than 10 minutes during higher surlmer
temperatures when the tree ii actively growing, with tryclopir (e.g., Garlon) mixed
at recommended label directions. It has been reported Roundup will work as well
but this has not been verified by the author'
Rake and pick up all seeds (olives), bag and bury in an approved land fiIl along
with all olive bearing brancires or burn on site if it can be done safely.
V. Grazing
Removing all domestic livestock or totally eliminating their access to the riparian and sagebrush
pt*t "orrir*ities will help these plant communities iemain noxious weed free' Removing all
g*irrgwill allow the sagebrush piant communityto begin to recover from the non-listed
invasive pests therebt;;;rtrrg a irealthier plant ctmm*ity *itt greater resistance to the spread
of listed invasive Pests.
YI. Vegetation Mangement
firigated pastures would be far better if re-shaped and re-planted with more desirable grasses and
forbs then the smooth brome and alfalfa as it ii now. A mix could include non-bloating legumes
such as cicer milkv etch, Astragalus cicer, sainfoin, Onobrychis viciaefolia, or small bgmett'
Sanguisorba minoras well *iror" desirable grasses. Contact the District Conserrationist,
Natural Resource Conservation Service (NRCS), Glenwood Springs, or Clark Ecological for
specific recommendations for irrigated pasture or hay'
The sagebrush plant community doesn't need to be re-seeded if it is rested from grazing' A
robustiiversity of desirable grasses, shrubs and forbs are present and the native seed bank
sufficient on a rested vegetattn stand. Native species should compete well against the non-listed
weeds observed.
A pre-emergent herbicide could be used on the unlisted annuals in the sagebrush and meadow
pto:.rt ,orrorr-jorrities. Of course, any native seed germinating in the sagebrush' or seed applied to
irrigated meadows at the time would be destroyed as well. Also, field bindweed can be greatly
rediced with diligent fall spraying in grasses. Any spraying of field bindweed would be
detrimental to the native shrubs ,ia forus and therefore should be undertaken carefully. Any
desirable shrubs and forbs should be avoided. Contact NRCS or Clark Ecological for specific
guidance on unlisted weeds.
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Clork Ecologicol
r 673 HWY 50
Grond Junction, CO 8.l503
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Figure 2. Contour Site Plan.Integrated Vegetation and Weed Management Plan, Whispering Creek
EXHIBIT I)
Whispering Creek Subdivision
WILD FIRE MITIGATION PLAN
The ground surface of the property slopes downward to the southwest, beginning with a 4 to 24-
foot embankment along County Road 245 and gradually flattening out as the ground approaches
the banks of East Elk Creek. The majority of the parcel is comprised of flood irrigated hay fields
with a small, sagebrush covered knob lying in the center. The southwestern edge of the
property exists within the 100-yr flood plain of East Elk Creek and is moderately vegetated with
oak brush and cottonwoods.
Wildfire fuel sources are classified as light, moderate and heavy. Grasses are rated as light
fuels, shrubbery & sage are rated as moderate fuels, and trees are rated as heavy fuels based
on the intensity of the fires they produce. Ladder fuels are vegetative materials that provide
vertical continuity from the ground surface up into the branches of trees. The continuity of the
fuel source is the measure of the fuel hazard that includes horizontal and vertical continuity.
Ground slopes increase the continuity of the fuel hazard. The majority of the proposed building
sites are located in areas that can be classified as having a light fuel hazard since they are
within the existing hay fields. Portions of the building envelopes in Lots 1 and 2 are located
within the oak brush which is classified as a heavy fuel hazard.
Fire protection waters shall be provided by the Town of New Castle through the extension of the
existing water main located in County Road 245. One fire shall be located near the entrance
and another near the cul-de-sac.
Additional mitigation measures for the site shall include landscape design criteria and
maintenance practices with the intent to limit horizontal & vertical continuity. The following
design standards shall be implemented:
lf used, individual propane tanks are to be placed in a location where they are not subject
to damage, and combustible materials are to be kept a minimum of 10 feet away from
tanks.
Trees greater than 15 feet in height at maturity shall have a minimum spacing of 10 feet
between the edges of the crown. Dead trees shall be cleared and removed.
Spacing between clumps of brush and/or shrubs shall be 2.5 times the height of the
vegetation.
The maximum diameter of the brush and/or shrub clumps should be two times the height
of the vegetation measured at the crown of the vegetation.
All ladder fuels should be removed from under brush, shrubs and tree canopies.
Non combustible ground cover (gravel) should be placed under trees, brush & shrubs to
the edges of the crown, or the vegetation should be pruned to a height of 10-feet above
the ground or lz the height of the plant, whichever is least.
Lawns should be kept to a maximum height of 4 inches.
Brush should be removed around the perimeter of all residential structures for a distance
of 2.0 times the height of the brush or completely removed within 10-feet of any residence
and trimmed down to a height less than S-feet within 20-feet of any residence.
To aid in the location of structures by fire personnel, addresses should be posted where the
driveway intersects with Whispering Creek Lane. Letters should be a minimum of 4 inches in
height, 112 inch in width and be in contrast with background colors.
a
a
a
o
EXHIBIT E
Whispering Creek Subdivision
Mosquito Management PIan
Prepared by:
OtterTail Environmental, lnc.
1045 N. Ford St.
Golden, CO 80403
Phone: 303-858-8350
'EnvironmentalE
October 2007
{. lntroduction
ln an effort to manage local mosquito populations to help reduce health risks to its residents, Garfield
County, Colorado requires a mosquito management plan to be included into any new subdivision
covenants. OtterTail Environmental, lnc. was contracted to help prepare a mosquito management plan
for the Whispering Creek Subdivision. The overall purpose of this mosquito management plan is to
protect the health, safety, and welfare of the residents within the Whispering Creek Subdivision and
Garfield County. This plan is designed to present a balanced approach to mosquito management by
identifying the primary potential mosquito breeding sources within the subdivision and offering
recommendations on how to reduce or maintain those sources.
2. Goals
The goals of this mosquito management plan are to identify and reduce the risk of disease transmission
from mosquitoes and to protect the health and quality of life of the residents of the Whispering Creek
Subdivision and Garfield County. These goals will be attained through a community-wide integrated
approach to mosquito controland management.
3. Background and Mosquito Biology
Mosquitoes are one of the most important and common insects that can affect humans and their
activities. Mosquitoes can be detrimentalto people due to their potentialfor becoming a nuisance
(through their bites) and by spreading disease causing pathogens. These mosquito-borne pathogens
can cause diseases such as West Nile Virus, malaria, yellow fever, dengue and encephalitis.
Worldwide, these diseases afflict and kill millions of people each year. Therefore, it is important for
communities to take actions to control mosquito populations to help reduce the potential for mosquito-
borne disease transmission and nuisance problems.
It is widely recommended that the best programs for controlling mosquitoes are through integrated
mosquito management, removal of breeding places, and public education. This integrated mosquito
management plan focuses on interrupting the mosquito life cycle. The most effective and best approach
to doing this is interrupting the mosquito life cycle at the early stages of development of the mosquito
larva. Mosquitoes have four stages of their life cycle. The first three stages are egg, larva and pupa of
which all are aquatic. The final stage is the adult stage. Therefore, mosquitoes depend on standing
water, also known as breeding habitats, for reproduction purposes. ln Colorado, a mosquito can
complete its aquatic life cycle in as short as five days depending on the water temperatures and food
supply available to them. Breaking their life cycle within this time period is typically the most effective
and efficient means of mosquito control. Two primary methods of achieving this are through habitat
source reduction and larval control.
4. Management Plan Components
This mosquito management plan is organized into the following three components:
Page 1 of 4
1. tdentification of Potential Mosquito Breeding Sources within the Whispering Creek Subdivision -
ldentifies the areas within the Whispering Creek Subdivision that will have the highest potential
to breed mosquitoes.
2. Public Education and lndividual Homeowner's Responsib/ffies - Describes the importance of
public education and the responsibilities of individual home owners within the Whispering Creek
Subdivision.
3. Whispering Creek Home Owners Association Responsibilities - Describes the responsibilities of
the Whispering Creek Home Owners Association.
4a Component 1: ldentification of Potential Mosquito Breedinq Sources within the Whisperina
Creek Subdivision
Two primary potential mosquito breeding sources have been identified within the VUhispering Creek
Subdivision. These two primary potential sources are:
1. Standing Water Sources on Private Residential Property
2. Potential Standing Water in the Five Detention Basins within the Whispering Creek Subdivision
To help prevent mosquito populations from being produced within the \Nhispering Creek Subdivision
this plan recommends that these potential sources be addressed by the individual homeowners and the
Whispering Creek Homeowners Association. The recommended responsibilities of the individual
homeowners and the homeowners association are described in Sections 4b and 4c.
4b Component 2: Public Education and Homeowner Responsibilities
Public education and individual homeowners' actions are important components to any successful
mosquito management program and are vital in reducing mosquito populations and the risk of
mosquito-borne disease transmission. During a normal year, many mosquitoes are raised in artificial
and natural water holding containers in and around private residences. Almost anything that will hold
standing water for up to five days has a potential to breed mosquitoes. This means that mosquitoes can
often find several potential breeding sources right in an individual's backyard and that a single
homeowner's inaction can cause mosquito problems for the surrounding community.
lndividual propefi owners bear the responsibility of managing mosquito populations produced on their
property that are causing a nuisance or potential health threat. Therefore, each homeowner within the
Whispering Creek Subdivision will perform routine property maintenance investigations during the
mosquito season (typically May through September) to reduce any potential mosquito breeding sources
that may be on their properties. Property owners will use the following list to help identify and eliminate
mosquito breeding sites on their property, which will enable them to manage most of their mosquito
problems:
Cans, Buckets and other Containers: Dispose of them, turn them upside down, or store them
indoors.
Child Wading Pools: Turn plastic wading pools upside down when not in use or change the
water every few days.
Page 2 of 4
. Children's Toys: Store toys that can hold water indoors, store upside down or drain collected
water at least once per week.
. Old Tires: Dispose of at a proper disposal facility or store indoors where they won't collect
rainwater.
o Tire Swings: Drill holes in the bottom of the tire to allow rainwater to drain out.
. Barrels and Garbage Gans: Drain them and store tightly covered or upside down.
o Eaves, Troughs and Gutters: Clean out accumulated leaves and debris that trap and hold
water and repair sagging gutters.
o Bird Baths: Flush clean at least once per week.
. Ornamental Ponds: Stock with small fish that will eat developing mosquitoes.
o Canoes and Boats: Store small boats upside down. Cover large boats and make sure the drain
plug is removed so water can drain out of the boat. Make sure water does not collect on the
cover.
. Swimming Pools and Hot Tubs: Keep any swimming pools or hot tubs that are used
chlorinated. lf not in use, cover them and make sure water does not collect on the cover.
. Tarps or Plastic Sheets: Make sure that coverings on boats, swimming pools, compost piles,
etc. are pulled tight and sloped so that rainwater runs off.
o Flower Pots/Vases and Plant Trays: Drain standing water from pot saucers and change water
in outdoor vases at least once a week. Change the water in other plant trays, including hanging
plants, at least once a week.
. Leaky Faucets, Hoses and Air Conditioners: Repair leaking faucets and air conditioner units
and drain any puddles that remain standing for several days at a time.
o Pet or Livestock Watering Pans: Empty and refresh at least once a week.
. Wheelbarrows: Store upside down or indoors.
. Drainage Basins: Remove stagnant water from sump pits, dry wells, or drainage basins.
o Drainage Ditches: Remove vegetation or obstructions in drainage ditches that prevent the flow
of water.
o Cesspools and Septic Tanks: Make sure systems are tightly-covered, operating properly, and
not overflowing.
. Storm Drains: Check to see that water flows freely and is not blocked by leaves and debris.
Page 3 of 4
Remove stumps or fill stumps or tree holes with sand or other filler.
o lrrigation: lrrigate lawns and gardens carefully to prevent standing water.
There are five detention basins located within the Whispering Creek Subdivision that are located on
private properties. ln addition to following the recommendations of the above list, homeowners will also
monitor and maintain any detention basins that are located on their properties. lt is not anticipated that
waterwill be standing in the detention basins for any extended length of time and therefore are not
expected to be significant mosquito breeding sources. However, the development of standing water is
usually an early indication of a maintenance problem. Therefore the detention basins will be regularly
inspected and maintained accordingly by the homeowner to help prevent water from standing for more
than five days at a time. Maintenance will consist of the removal of silt, accumulated vegetation, and
other debris at the outlet structure. Lack of maintenance can allow these materials to accumulate and
cause water to stand in the basins long enough to produce mosquitoes.
4c Component 3: Whisperinq Creek Homeowners Association Responsibilities
ln the event that standing water continually persists within any of the five Whispering Creek Subdivision
detention basins for at least five consecutive days, it will be the Whispering Creek Homeowners
Association's responsibility to control any mosquito larvae that may develop in those areas. Therefore,
if persistent standing water areas are brought to the attention of the Whispering Creek Homeowners
Association they willtake proper measures to perform surveillance and any needed control for
mosquito larvae. The Whispering Creek Homeowners Association will use accepted methods of larval
mosquito surveillance and control as needed on these areas or obtain the services of a professional
pesticide applicator to perform these services for them. Whispering Creek Homeowners Association will
be responsible for the continued monitoring and control of the areas until the cause of the standing
water is corrected.
ln the event that mosquito larval control is necessary, this plan recommends the use of Bacillus
thuringiensis r'srae/ensis (Bti) lo control the mosquito larvae. Bfi is a widely used larvicide that is a
naturally occurring protein which is toxic to mosquito larvae upon its ingestion, but has minimal impacts
to the environment and non-target species.
Page 4 of 4
BafBR,'HOCAN.THOUX
ARCHITECTURE & PLANNING / A.I.A. / P.C.
Whispering Greek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 12
DRAFT - SUBDIVISION
IMPROVEMENT AGREEMENT
WHISPERING CREEK SUBDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS WHISPERING CREEK Subdivision, formerly known as ParcelA of the Huber
Exemption Plat, (Subdivision) SUBDIVISION IMPROVEMENTS AGREEMENT (SlA) is
made and entered into this _ day of ,200-, by and between
(Owner) and the BOARD OF COUNry
COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of
Garfield, State of Colorado, as a body politic and corporate, directly or through its
authorized representatives and agents (BOCC).
WHEREAS, Owner is the owner and developer of the Subdivision, which property is
depicted on the Final Plat of Whispering Creek Subdivision (Final Plator Final Platof the
Subdivision); and
WHEREAS, on July 9, 2007, the BOCC, by Resolution No.
-,
approved a
preliminary plan for the Subdivision which, among other things, would create five (5) single-
family residential lots (Preliminary Plan Approval); and
WHEREAS, as a condition of approval of the Final Plat submitted to the BOCC for
as required by the lav.rs of the State of Colorado, O'u^rner rvishes to enter into this SIA with
the BOCC; and
WHEREAS, Owner has agreed to execute and deliver a specific form of collateral to
the BOCC to secure and guarantee Owner's performance under this Agreement and has
agreed to certain restrictions and conditions regarding the sale of properties and issuance
of building permits and certificates of occupancy, all as more fully set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, the BOCC and Owner (Parties) agree as follows:
l. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat
of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the
Preliminary Plan Approval, and the requirements of the Garfield County zoning and subdivision
regulations and any other governmental or quasi-governmental regulations applicable to the
Subdivision (Final Plat Approval). Recording of the Finat Plat shall be in accordance with this SIA
and at the time prescribed herein.
2, OWNER'S PERFORMANCE AS TO SI]BDIVISION IMPROVEMENTS.
a. Completion Date/Substantial Compliance. Owner has constructed and
installed certain and shall cause to be constructed and installed other subdivision
improvements, including off-site improvements, identified in the Exhibits defined in
subparagraph 2.a.i, below (Subdivision Improvements) at Owner's expense, including
payment of fees required by Garfield County and/or other governmental and quasi-
governmental entities with jurisdiction. The Subdivision Improvements except for
revegetation, and including off-site improvements, shall be completed on orbefore the end of
the first fulI year following execution of this SIA (Completion Date), in substantial
compliance with the following:
i. Plans marked Approved for Construction for all Subdivision
Improvements , including off-site improvements, prepared by Boundaries Unlimited
Inc. and submitted to the BOCC on Novemb er 9,2007 ,such plans being summarized
in the list of drawings attached to and made a part of this SIA by reference as Exhibit
A; the estimate of cost of completion, certified by and bearing the stamp of Owner's
professional engineer licensed in the State of Colorado (Owner's Engineer),
attached to and made a part of this SIA by reference as Exhibit B; and all other
Subdivision Of Credit
documentation required to be submitted along with the Final Plat under pertinent
sections of the Garfield County subdivision and zoning regulations (Final Plat
Documents).
ii. All requirements of the Preliminary Plan Approval.
iii. All laws, regulations, orders, resolutions andrequirements of Garfield
County and all special districts and any other governmental entity or quasi-
governmental authority(ies) with j urisdiction.
iv. The provisions of this SIA.
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that
if all Subdivision Improvements are constructed and installed in accordance with this
paragraph 2; the record drawings to be submitted upon completion of the Subdivision
Improvements, as detailed in paragraph 3(c), below; and all other requirements of this SIA,
then the Owner shall be deemed to have satisfied all terms and conditions of the Preliminary
Plan Approval, the Final Plat Documents and the Garfield County zoning and subdivision
regulations, with respect to the installation of Subdivision Improvements, including off-site
improvements and revegetation.
3. SECtruTY F'OR SUBDMSION IMPROYEMENTS (EXCEPT RE-
vEGETATION).
a..As
thansecurity for Owner's obligation to complete the Subdivision Improvements other
revegetation, and including off-site improvements, Owner shall deliver to the BOCC, on or
before the date ofrecording of the Final Plat of the Subdivision, aLetter of Credit inthe form
agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference
as Exhibit C (LOC). The LOC shall be in the amount of $zzz,zoo.oo, representing the full
estimated cost of completing the Subdivision lmprovements, including off-site
improvements and revegetationl, with a sufficient contingency to cover cost
changes, unforseen costs and other variables (not less than 10o/o of the estimated
cost and as approved by the BOCC), minus $ costof completed improvements , the cost
of Subdivision lmprovements already completed as of the date of execution of this
SlA, i.e. $ reduced amount , as set forth and certified by Owner's Engineer on Exhibit
B, to guarantee completion of the remaining Subdivision lmprovements. The LOC
shall be valid for a minimum of six (6) months beyond the Completion Date for the
Subdivision lmprovements set forth in Paragraph2.a., above. The BOCC, at its
sole option, may permit the Owner to substitute collateral other than a Letter of
Credit, in a form acceptable to the BOCC, for the purpose of securing the
completion of the Subdivision lmprovements subject of this Paragraph 3-a.
b. LOC Requirements and Plat Recording. The LOC required by this SIA shall
be issued by a state or national banking institution acceptable to the BOCC. Ifthe institution
issuing the LOC is not licensed in the State of Colorado and transacting business withinthe
State of Colorado, the LOC shall be confirmed .r,'ithin the meaning of the Uniform
CommercialCode,LettersofCredit,'4-5-101, etseq.,C.R.S.,asamended,byabankthatis
licensed to do business in the State of Colorado, doing business in Colorado, and acceptable
to the BOCC. The LOC shall state that presentation of drafts drawn under the LOC shall be
at an office of the issuer or confirmer located in the State of Colorado. The Final Plat of the
lf one LOC used
Subdivision shall not be recorded until the security, described in this paragraph 3 and the
security for revegetation described in paragraph 4, below has been received and approved by
the BOCC.
c. Extension of LOC Expiration Date. If the Completion Date, identified in
paragraph 2.a., above, is extended by a written amendment to this SIA, the time period for
the validity of the LOC shall be similarly extended by the Owner. For each six (6) month
extension, atthe sole option ofthe BOCC, the face amount of the LOC shall be subjectto re-
certification by Owner's Engineer of the cost of completion and review by the BOCC.
d. Unenforceable LOC. Should the LOC become void or unenforceable for any
reason, including bankruptcy of the Owner or the financial institution issuing or confirming
the LOC, prior to the BOCC's approval of Owner's Engineer's certification of completion of
the Subdivision Improvements, this SIA shall become void and ofno force and eflect andthe
Final Plat shall be vacated pursuant to the terms of this SIA.
e. Partial Releases of Security. Owner may request partial releases of the LOC,
and shall do so by means of submission to the Building and Planning Department of a
Written Request for Partial Release of LOC, in the form attached to and incorporated
herein by reference as Exhibit D, accompanied by the Owner's Engineer's stamped
certificate of partial completion of improvements. The Owner's Engineer's seal shall certifu
that the Subdivision Improvements have been constructed in accordance with the
requirements of this SIA, including all Final Plat Documents and the Preliminary Plan
Approval. Owner may also request release for a portion of the security upon proof that 1)
Owner has a valid contract with a public utility company regulated by the Colorado Public
Utilities Commission obligating such company to install certain utility lines; and 2) Owner
has paid to the utility company the cost of installation as required by the contract. The
BOCC shall authorize successive releases of portions of the face amount of the LOC as
portions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as
complete to the BOCC by the Owner's Engineer and said certification is approved by the
BOCC.
f. BOCC's Investigation. Notwithstanding the foregoing, upon submission of
the Owner's Written Request for Partial Release of LOC, along with Owner's Engineer's
certificate of partial completion of improvements, the BOCC may review the certification
and may inspect and review the Subdivision Improvements certified as complete to
determine whether or not they have been constructed in compliance with relevant
specifications, as follows:
i. If no letter of potential deficiency is furnished to Owner by the BOCC
within fifteen (15) business days of submission of Owner's Written Request for
Partial Release of LOC, accompanied by Owner's Engineer's certificate of partial
completion of improvements, all Subdivision Improvements certified as complete
shall be deemed approved by the BOCC, and the BOCC shall authorize release of the
appropriate amount of security.
ii. Ifthe BOCC chooses to inspect and determines that all or aportion of
the Subdivision Improvements certified as complete are not in compliance with the
relevant specifications, the BOCC shall fumish a letter of potential deficiency to the
Owner, within fifteen (15) business days of submission of Owner's WrittenRequest
for Partial Release of LOC, accompanied by Owner's Engineer's certificate of
partial completion of improvements.
iii. If a letter of potential deficiency is issued identifuing a portion of the
certified Subdivision Improvements as potentially deficient, then all Subdivision
Improvements not identified as potentially deficient shall be deemed approved by the
BOCC, and the BOCC shall authorize release of the amount of security relatedto the
Subdivision Improvements certified as complete and not identified as potentially
deficient.
iv. With respect to Subdivision Improvements identified as potentially
deficient in a letter of potential deficiency, the BOCC shall have thirty (30) days from
the date of the letter to complete the initial investigation, begun under subparagraph
3.f.ii., above, and provide written confirmation of the deficiency(ies) to the Owner'
v. If the BOCC finds that the Subdivision Improvements are complete, in
compliance with the relevant specifications, then the appropriate amount of security
shall be authorized for release within ten (10) business days after completion of such
investigation.
g. BOCC Completion of Improvements and Other Remedies. If the BOCC
finds, within the thirfy (30) day period of time, defined in subparagraph 3.f.iv. above, that the
Subdivision Improvements are not complete, or if the BOCC determines that the Owner will
not or cannot construct any or all of the Subdivision Improvements, whether or not Owner
has submitted a written request for release of LOC, the BOCC may withdraw and employ
from the LOC such funds as may be necessary to construct the Subdivision Improvements in
accordance with the specifications, up to the face amount or remaining face amount of the
LOC. In such event, the BOCC shall make a written finding regarding Owner's failure to
comply with this SIA prior to requesting payment from the LOC. ln lieu of or in addition to
drawing on the LOC, the BOCC may bring an action for injunctive relief or damages for the
Owner's failure to adhere to the provisions of this SIA regarding Subdivision Improvements.
The BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies)
prior to requesting payment from the LOC or frling a civil action.
h. Final Release of Securit-y. Upon completion ofall Subdivision Improvements,
other than revegetation, and including off-site improvements, Owner shall submit to the
BOCC, through the Building and Planning Department: 1) record drawings bearing the stamp
of Owner's Engineer certiffing that all Subdivision Improvements including off-site
improvements, have been constructed in accordance with the requirements of this SIA,
including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and
digital format acceptable to the BOCC; 2) copies of instruments conveying real property and
other interests which Owner is obligated to convey to the Homeowner's Association of the
Subdivision at the time of Final Plat Approval; and 3) a Written Request for Final Release
of LOC, in the form attached to and incorporated herein as Exhibit E, along with Owner's
Engineer's stamp and certificate of final completion of improvements.
i. The BOCC shall authorize a final release of the LOC after the
Subdivision Improvements are certified as final to the BOCC by the Owner's
Engineer and said final certification is approved by the BOCC. If the BOCC finds
that the Subdivision Improvements are complete, in accordance with the relevant
specifications, the BOCC shall authorize release of the final amount of security,
including the contingency amount identified on Exhibit B, within ten (10)
business days following submission of the Owner's Written Request for X'inal
Release of LOC accompanied by the other documents required by this paragraph 3.h.
ii. Notwithstanding the foregoing, upon Owner's Written Request for
Final Release of LOC, accompanied by Owner's Engineer's certificate of final
completion of improvements, the BOCC may inspect and review the Subdivision
Improvements certified as complete. If the BOCC does so review and inspect, the
process contained in paragraph 3.f.,above, shall be followed.
iii. If the BOCC finds that the Subdivision Improvements are complete, in
accordance with the relevant specifications, the BOCC shall authorize final release of
security within ten (10) days after completion of such investigation.
iv. If the BOCC finds that the Subdivision Improvements are not
complete, in accordance with the relevant specifications, the BOCC may complete
remaining Subdivision Improvements, or institute court action in accordance with the
process outlined in paragraph 3.g., above.
4. SECTIRITY FOR REYEGETATION.
a. Revesetation LOC and Substitute Collateral. $1,500.00 ofthe face amount of
the LOC, specified in Paragraph 3a above, shall be allocated to revegetation of disturbed
areas within the Subdivision (Revegetation LOC), the cost for which is detailed as a
subdivision improvement in Exhibit B.1 Revegetation of disturbed areas in the Subdivision,
the costs for which is detailed as a subdivision improvement in Exhibit B, shall be secured by
delivery of a Letter of Credit from the Owner to the BOCC in the form agreed to be
acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C
(Revegetation LOC).2 The Revegetation LOC shall be valid for a minimum of two (2)
' lf on" Loc used
2 lf c and C-{ used
9
years following recording of the Final Plat. The BOCC, at its sole option may permit the
Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the
BOCC, for the purpose of securing the completion of revegetation.
b. Reveeetation LOC General Provisions. The provisions of paragraphs 3.b.,
3.c. and 3.d., above, dealingwithLetterofCreditrequirements, extensionofexpirationdates,
increase in face amounts, plat recording and plat vacating shall apply to the Revegetation
LOC.
c. Revesetation Review and Notice of Deficiency. Upon establishment of
revegetation, the Owner shall request review of the revegetation work by the Garfield County
Vegetation Management Department, by telephone or in writing. Such review shall be for
the purpose of verification of success of revegetation and reclamation in accordance withthe
Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002-94 and
recorded in the Office of the Garfield County Clerk and Recorder as ReceptionNo. 580572,
in Book 1251, at Page 566, as amended, and the revegetation/reclamation plan for the
Subdivision submitted as part of the Final Plat Documents. If the Vegetation Management
Department refuses approval and provides written notice of deficiency(ies), the Owner shall
cure such deficiency(ies) by further revegetation efforts, approved by the Vegetation
Management Department, as such efforts may be instituted within the two (2) years
following recording of the Final Plat.
d. Single Request for Release of Revegetation LOC. Following receipt of
written approval of the Vegetation Management Department, the Owner may request release
of the Revegetation LOC and shall do so by means of submission to the BOCC, through the
Building and Planning Department, of a written Request for Release of Revegetation of
10
LOC, in the form attached to and incorporated herein by reference as Exhibit X', along with
certification of completion by the Owner, or Owner's agent with knowledge, and a copy of
the written approval of the Vegetation Management Department. It is specifically understood
by the parties that the Revegetation LOC is not subject to successive partial releases, as
authorized in paragraph 3.e., above. Further, the Revegetation LOC and the BOCC's
associated rights to withdraw funds and bring a court action may survive final release ofthe
LOC securing other Subdivision Improvements, defined in paragraph3.a., above.
e. BOCC's Completion of Revegetation and Other Remedies. If Owner's
revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of the
BOCC upon the recoflrmendation of the Vegetation Management Department, or if the
BOCC determines that the Owner will not or cannot complete revegetation, the BOCC, in its
discretion, may withdraw and employ from the Revegetation LOC such funds as may be
necessary to carry out the revegetation work, up to the face amount of the Revegetation LOC.
In lieu of or in addition to drawing on the Revegetation LOC, the BOCC may bring an action
for injunctive relief or damages for the Owner's failure to adhere to the provisions of this
SIA related to revegetation. The BOCC shall provide the Owner a reasonable time to cure
any identified deficiency prior to requesting payment from the Revegetation LOC or filing a
civil action.
5. WATER SUPPLY. As stated in paragraph 13, below, prior to issuance by the
BOCC of any certificates of occupancy for any residences or other habitable structures constructed
within the Subdivision, Owner shall install connect and make operable a water supply and
distribution system for potable water, fire protection, and a non-potable inigation water in
accordance with approved plans and specifications. All easements and rights-of-way necessary for
l1
installation, operation, service and maintenance of such water supply and distribution system(s)
shall be as shown on the Final Plat. Owner shall deposit with the Garfield County Clerk and
Recorder executed originals of the instruments of conveyance for easements appurtenant to the water
system(s), for recordation following recording of the Final Plat and this SIA. All facilities and
equipment contained within the water supply system(s) shall be transferred by Owner to the
Homeowner's Association of the Subdivision by bill of sale. If a third party water service entity
requires warranty of the system(s), Owner shall provide proof to the BOCC that such warranty is in
effect and, if necessary, has been assigned.
6. PUBLIC ROADS. A11 roads within the Subdivision shall be dedicated by the Owner
to the public as pubic rights-of-way and shall be accepted by the BOCC, on behalf of the public, on
the face of the Final Plat. The Homeowner's Association of the Subdivision shall be solely
responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled
surface of the roadways and portions of the rights-of-way outside ofthe traveled surface. The BOCC
shall not be obligated to maintain any road rights-of-way within the Subdivision. Private access
easements for the use of single lots, if any, are depicted as such on the Final Plat.
7. PUBLIC UTILITY RIGHTS-Of,'-WAY. Whether or not utility easements exist
elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of-
way for installation and maintenance of utilities. Public utility easements shall be dedicated by the
Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road and
Right-of-Way Use Regulations, recorded as Reception No. 643477 , in Book 1548, at Page 918 and
as amended. The Homeowner's Association of the Subdivision shall be solely responsible for the
maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to withthe
public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and
t2
upkeep of any utility easement within the Subdivision. In the event a utility company, whether
publicly or privately owned, requires conveyance of the easements dedicated on the face of the Final
Plat by separate document, Owner shall execute and record the required conveyance documents.
ALTERNATE ES CROIY PARAG RAPH
[If not conveyed at the time of recording of the Final Plat, Owner shall execute and deliver
into escrow document(s) conveying the common open space parcel(s) [easement(s), greenbelt(s),
park(s)], shown on the Final Plat to the Homeowner:s Association. The documents shall be
deposited pursuant to the escrow agreement, to be executed by the Owner, the BOCC and escrow
agent (AEscrow AgreementG), attached to and made apartof this SIA by reference as Exhibit
-.
Owner shall deliver to the BOCC a copy of the fully executed and recorded Escrow Agreement
within a reasonable time following execution of this SIA. The special instructions of the Escrow
Agreement shall provide:
a. the Escrow Agent shall hold the conveyance documents until
the earlier of: a) receipt of a written notice signed only by Owner notiffing
escrow agent that the work required of the Owner in this SIA has been
completed and approved as complete by the BOCC; or b) receipt of a written
notice signed only by the BOCC stating that Owner has failed to comply with
the terms and conditions of this SIA; or c) the Completion Date for
Subdivision Improvements, specified in paragraphZ,above, or as extended in
accordance with paragraph _ of this SIA; and
b. upon the first to occur of the foregoing events, the escrow
agent shall cause the conveyance documents to be recorded in the records of
the Garfreld County Clerk and Recorder.
t3
8. INDEMNITY. The Owner shall indemnifr and hold the BOCC harmless and defend
the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision
Improvements including off-site improvements and revegetation and any other agreement or
obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The
Owner, however, does not indemniff the BOCC for claims made asserting that the standards
imposed by the BOCC are improper or the cause of the injrry asserted, or from claims which may
arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall noti$the
Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall
aflord the Owner the option of defending any such claim or action. Failure to notiff and provide
such written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing
in this paragraph shall be construed to constitute a waiver of the Sovereign Immunity granted to the
BOCC by Colorado statutes and case law.
9. ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations, a
Road Impact fee of four thousand nine hundred seventy-six dollars and forty cents ($4,976.40) has
been established for the residential units within the Subdivision. Owner shall pay fifty percent
(50%),i.e., two thousand four hundred eighty-eight dollars and twenty cents ($2,488.20) ofthe Road
Impact Fee to the Garfield County Treasurer at or prior to the time of recording of the Final Plat.
The remaining 50%, i.e., two thousand four hundred eighty-eight dollars and twenty cents
($2,488.20), will be collected pro rata (i.e. four hundred ninety-seven dollars and sixty-four cents
$497.64) from each lot owner at the time a building permit issues for a residence within the
Subdivision.
10. FEES IN LIEU OF DEDICATION OF SCHOOL LAI\D. Owner shall make a
cash deposit in lieu of dedicating land to the RE-2 School District, calculated in accordance withthe
t4
Garfietd County subdivision regulations and the requirements of state law. The Owner and the
BOCC acknowledge and agree that the cash in lieu payment for the Subdivisit>n is calculated as
follows: for the RE-2 School District, 5200.00 per unit.
The Owner, therefore, shall pay to the Garfield County Treasurer, at or llrior to the time of
recording of the Final Plat, one thousand dollars ($1,000) as a payment in lieu of'dedication of land
to the RE-2 School District. Said fee shall be transferred by the BOCC to the school district in
accordance with the provisions of '30-28-133, C.R.S., as €unended, and the Garfield County
subdivision regulations.
The Owner agrees that it is obligated to pay the above-stated fee, accepts such obligations,
and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The
Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequrent to recording of
the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE-2
School District.
11. SALE OF LOTS. No lots, tracts, or parcels within the Strbdivision may be
separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk
and Recorder.
12. BUILDING PERMITS AI\D CERTIFICATES OF. OCCUPAi\ICY. As one
remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any
residence or other habitable structure to be constructed within the Subdivision. Irurther, no building
permit shall be issued unless the Owner demonstrates to the satisfaction of the Burning Mountain
Fire Protection District (District), if the Fire District has so required, that ther,: is adequate water
available to the construction site for the District's. No certificates of occupancv shall issue for any
habitable building or structure, including residences, within the Subdivision until all Subdivision
15
Improvements , except revegetation and including off-site improvements, have b,een completed and
are operational as required by this SIA. [If applicable, Owner shall provide the purchaser of a lot,
prior to conveyance of the lot, a signed copy of a form in substantially the same form as that
attached to and incorporated herein by reference as Exhibit _, concerning the restrictions upon
issuance of building permits and certificates of occupancy detailed in this SIA.'I
13. CONSENT TO VACATE PLAT. ln the event the Owner fails to comply with the
terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots
for which building permits have not been issued. As to lots for which building permits have been
issued, the Plat shall not be vacated and shall remain valid. In such event, the Crwner shall provide
the BOCC a plat, suitable for recording, showing the location by surveyed legat description of any
portion ofthe Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC
and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or
portions thereof, by resolution.
14. ENFORCEMENT. In addition to any rights provided by Colorado statute; the
withholding of building permits and certificates of occupancy, provided for in paragraph 13, above;
the provisions for release of security, detailed in paragraph 3, above; and the provisions for plat
vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC anclthe Owner, that the
BOCC, withoutmaking an election of remedies, and anypurchaser of any lotwithinthe Subdivision
shall have the authority to bring an action in the Garfield County District Court to compel
enforcement ofthis SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to
bring an action for enforcement or to withhold permits or certificates or to withdraw unused security
or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any ottrer provision of this
SIA be interpreted to permit the purchaser of a lot to file an action against the llOCC.
t6
15. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the
Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and
parcels withinthe Subdivision. Such recording shall constitute notice to prospective purchasers and
other interested persons as to the terms and provisions of this SIA.
16. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall
be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC.
17. CONTRACT ADMIMSTRATION AI\D NOTICE PROYISIONS. ThE
representatives of the Owner and the BOCC, identified below, are authorized as contract
administrators and notice recipients. Notices required or permitted by this SIA shall be in writing
and shall be effective upon the date of delivery, or attempted delivery ifdelivery is refused. Delivery
shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or
facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at
the address or facsimile number set forth below:
Owner:Specialty Restaurants Corporation
8191 East Kaiser Boulevard
Anaheim, CA 92808
Phone: 714-279-6100
Fax:7t4-998-4861
w/copy to,
t7
Board of County Commissioners
of Garfield County, Colorado
c/o Building & Planning Dir.
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Phone: (970)945-8212
Fax: (970) 384-3470
18. AMENDMENT AI\D SUBSTITUTION OF SECURITY. This SIA may be
modified, but only in writing signed by the parties hereto, as their interests then appear. Any such
amendment, including by way of example, an amendment to extend the Completion Date, substitute
the form of security or approve a change in the identity of the security provider/issuer, shall be
considered by the BOCC at a scheduled public meeting. If such an amendment includes a change in
the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner
to a successor in interest, Owner shall provide a copy of the recorded assignment documents to the
BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may
change the identification of notice recipients and contract administrators and the contact information
provided in paragraph 17, above, in accordance with the provisions of that paragraph and without
formal amendment of this SIA and without consideration at a BOCC meeting.
18
19. COUNTERPARTS. This SIA may be executed in counterparts, each ofwhich shall
be deemed an original, and all of which, when taken together, shall be deemed one and the same
instrument.
20. VENIIE AI\ID JURISDICTION. Venue andjwisdiction for any cause arising out of
or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA
shall be construed according to the laws of the State of Colorado.
t9
IN WITIIESS WHEREOF, the parties have signed this SIA to be effective upon the date of
Final Plat Approval for the Subdivision.
ATTEST:
Clerk to the Board
STATE OF COLORADO )
)ss.
COLINTY OF GARFIELD )
Subscribed and swom to before
representative of
200-.
MTNESS my had and official seal.
My commission expires:
BOARD O[' COT'NTY COM1VIISSIONERS
ox' GARflELD COITNTY, COLORADO
Chairman
Date:
OWNER
By:
(Name and Title)
Date:
By:
me by
Owner of the Subdivision, this
an authorized
day of
Notary Public
20
Whisoerino Creek Su bdivision
A Resub divlsion of PaYcel A of the Huber SB-35 Exemption Ptat
A Parcel of Land Situated in the SE1/4NW1/4
Secfion 25, Town ship 5 Soufh, Range 91 West of the 6th P.M.,
Garfield County, Colorado
ETSING E STENT
REC.
'1J2229
AOOX-Ez5, PACE-128
LEGAL O€SGIPION S NRU ACCESS IN PSCEI A
A SNIP ff LANO NIRIY FffT IN WDG FM frE PURPOS G ACGSS, ORAIXAGE ANO IRRIGANS OITCH EASIENT. 8EIilG 15 EET il EACH
90E OF nE FOLLOfrNC DESGIBD CENERUNE- BESNNING AT BE SWGEASI CORNER G GE g l/a NV l,/4 G S^rO $CnS 25i nENG
ALfrG ilE SOUil UN€ 6 SID * 1h N9 1/1, S, 69' 1]. 40. { ]5.@ FEET TO A PONT II BE CENERUNE q SAO EASMENT: BENG
frE FqLofrNG CWRS5 AND DIsTAN€S &ONG 5ll0 TASEUENT qERLINE N. 00' 02 OO- U 219.54 EET: nENq l$-77 EtI ALSC frE
MC S A CURE TO BE LEFT, HAUNC A RAOTUS 0F J24.96 EEI, A GNR{ ANqE q 24' 2E oo'i ftENC N. 24' J0' 00' w. J00.00 FEET;
qENCE 196,75
'EEI
ALQG N€ ARC OT A @RE TO flE EFT, HAUflG A RAOIUS 6 990,24 FEEI, A CEXMI ANqE 6 ]1' JO, @,;
GENC 71,26 ftET ALilG NE MC OF A CURW TO frE RIGT. HAVNG A RAOIUS @ 42.09
'EET.
A CcNMA! AN(E 6 97'@'OO. TO A
PqilT ON GE S@ftESERLY RIGHT-S-WAY G C@NTY FOAO NO, 245, ftE POINT OF ERMINANON,
EXSNNG EA$UFNT
REC.
'285601
B@ 5r0, PAGE 35
BE NEr/4SS/4, SECnil 25, lOR$rP 5 S@n. RANG€ 9r EST 6 BE S|XTH PRTNCTPAL MERTOTAN. CONIANTNG a0.0E AfiES, MGE tr[55-
TOqEER SN A UILITY EASEMENI 20 FEE] IN WDTH LNNG SOUfrERLY tr B€ ESERIY B@NDARY UNE 6 G^RFIELD COUNTY ROAO NO.
245 ND BEINC 20 FEET AT A[ PONTS ESTERTY F NE EASI LINE G BE ST1/+*1/4 OF SAIO SCNS ?5, SAIO EASEMENT SEING HM€
PSICULARLY OESCRI4O AS tfrLOE: EEONNTilG AT ffE S@BEAST CORNER q ftE *1/Afi/1 OF SA0 SECIS 25. frENCE S.
89.1I.40. w,, IO,m TEET ALilc GE soUfrERlY LINE s s&o SEI/.nfi,/4 To A PoNT oN BE €NERLINE G SAO Unl|w EASEMEN]:
NENG N,OO'O2,OO. W, 416.62 FEET &ONG SAIO GNTRLTNE TO A POTNI ON THE ESERLY RIGHT_6-WAY UNE G sAID C@NTY ROAO.
T@BER WB A SMP tr LANO 20 FEEI IN WOB TO EE USEO AS A ROAO
^CCESS
EASEMENT. EEING ]O EET ON EAq 9DE OF fl€
aqtOSNG OESRIBED GNERLINE: SEqNNING AT THE SOUDEAST CffiNER S nE g1/1Nfr/1 OF SAIO SECnq 25, BENCE S. 69'11'40' [.
10.@ FEET A|ONG ffE S@BERLY L|NE OF 5A0 5Et/dW1/4 rO A PO|NT S ftE CENERLTNE S 5ArO ROAo EAEUENT, BEjNC BE mUE
PONT OF EEGINNING tr SAIO C€NERUNEi BENU N, OOO2.OO. W JI4-25 TEET ALONG SAIO GNERLINE; NENG N, ]7'56,07. f, 1E9,J5 fEET
ALSG 5AO CENERUNE: THENCE N.O7'1I.OO. 49,00 FEET AL6G 5AO €NERLINE: ftEN€ N- 19'42.00. W, 59@ ft[T ALSC SAIO
eNERLINE: ffENCE N. 26'25'00' W. 92.00 FEEI ALONG SAIO CENERLINE: HEICE N. 22'57'0' * 75.00 trEI AL@G SAID €NERLINE:
frENG N. 37'18'@' W 91-00 EET IONG SAID CEilIERUNEi BENG N. 45!$'00'f 57,00 aEET ALfrC SAIO GNERLINE| THENCE N.
16'51 00' f, 86.00 EEI &ONG SAID CENEFLINE: GENCE N. 6'45'00'E. 82.00 IET ALoNG SAIO CENERLINEi B€N€ N. 1O'J30!" H 86-@
F€ET ALoflG SAl0 CENERUNE: ffENCE N. 07'39'00'W. 97.00 aEET aLOG SAIO CENTERLTNE: BEN€ n. rf,'5000't 51.00 FEEI ALONG SNO
GNERLINE: BENG N. 15'26'00' * 84.00 FEET [ffG SAIO CENEFLINE: THENCE N. ZJ'€m" W. 97.00 E€T &ONG SAl0 CENTERLIN€;
nENG N, 1O'J7'@'W. J2.00 FEET ALSG SAD CENERLINE TO A PqNT lN ffE CENER OF AN EX5INO LNE| IHEXCE N. 60'06of,'E.62.@
FEET TO A PqNT ON NE resERLY RIqT-S.VAY UNE S SAIO COUNW ROAD, HENCE NE NSB @ARER CORNER OF SAIO SECNS 25
BEARS: N.l8'575J" E. 121z.OJ FEET-
TGfrER Hn N EA*IENT FoR INQESS AND EGESS OER THE FALOSNG oESCRIBED PARCEL. A SnlP OF LANo 20
'EET
lN wDB lO
aE u$o As a RoAo AccEss EASEMENT gruA[D rN BE SEI,/4NW1/4 OF SECnil 25, TOWSBP 5 SOUfr, RNGE 9r [5r OF BE S|XTH
PRINCiP& UERIOIAN, BEING IO IE€T ON €Afr SO€ O' frE FOLLOSNG DESCRIEEO CENERLINE:
EEqNilNG AT ftE S@frEAST COilER G SAIO SEI/4Nfr/4, THENCE S A9'11,40, W. 10.@ FEEI ALq6 BE s@BERLY UNE Of S{Ogl/4Ns/1 1O A PoINT ON SAIO ENIRUNE: BENG N 00'0200'W,314.25 FEET aLONG SAto CENERLINEi THENCE N 37t56'07'W, 1a9.33
FEET ALONG SA}D CENERLINE| HENG N O7'I4,OO. W, 49,00 FEEI ALONG SAIO CENEFLINE; THENCE N 19'42,00,.{.59.00 FEEI ALOG SAIO
GNERLINE: HENCE N 26'25'00' U 92-00 r€ET {NG S{0 CENERLINE: nEilCE N 22'57'00- q 75.00 FEEI ISG SAIO CENERLTNE.
BENCE N J7'lA'00'f 91.00 FEEI ALSG SAIO CENERLINEi IaEilCE N 45'16'00't 57.00 FEET ALqC sAD €NERLINL IHENG N 16'51@'
w, 46.00 FE€T ALSG SAIO GNERLTNE. THENCE N 60'6'05' E, 75.00 FEEI. UORE Ofi LESS, TO ^ PONT ON BE ESERLY RIGHT-Oa-WAY
UNE S COUNTY ROrc NO, 245.
EXSTING EASUIN]
REC. r49o&5 Effi-971, PAGE-9E6
NOW, EEREFORE, IN Cfr9OERATION S frE PREUISES ANO FOR OffER GOOD AND V&UABLE CONSD€RAION. EE RECEIPT AND SUFFICIENCY OF
MICH IS HEREAY ACXNOTEOGED. HUEERS ANO fANES AGREE AS FfrLOffi;
1. EANES U[ OUITQAIX TO HUBERS ALL RIGHT NIE AND INERESI EANES OW IN BE ACCESS EAS€UENTs WI6 AURDEN HUEERS'LANDFtr BE EENENI OT ENES, AS OESGIBEO IN frAT OEEO FROM SIDNEY ilILER TO SOBERT C- EANES ANO BARBARA ! EANES OAEO MAY 15.
1976 ANO RECORDEO MAY 17, 1978 IN B@K 510 AT PAGE J2 IN BE trFIC€ tr frI CARFIELO COUNT CLEFK AND RECORDER. SANES ULL
RETAil ALL RIGT. IIIE AND INEREST IN frE 20 FT, UILlfr EASEIENI O€SGIB€O IN SAIO OSEO,
2, HUBERS SLL GRANT ANO CqWY TO EANES ffE $ FT. ACCESS. DRAINAGE NO IRRICANON DITCH EASEMENT (BE .EASEMENT) OE$RIEEO
IN DE NUBER EXEMPNON PLAT RECOROEO [ARq lf,. 1992 IN ftE SFICE O' BE GAREELO COUNTY qERK ANO RECOROER AS RECEPN@ NO-
432517.
3, HUBERS ARE NOT PRESNTLY USING BE ROAOtrAY LOCAEO IN ilE EASEMENI, NO AS LONG AS HUBERS OR BEIR SCCESSORS OR
A55IGN5 OO NOT USE BI €ASEMENT, EANES SNAtr BE SOLELY RESilSELE 'ffi BI MAININANCE AND RTPAIR q frE FOAOWAY, AND SUCH
MAININANCE ANO REPAIR SHALL AE OOE SqELY AT EANES OISCRENq ANO TO frEIR SOLE SAN$ACTIq.
4. EE ]O FI- EASEM€NI 5HALL S NON.EXCLUSE, EAN€S AND BEIR SUCCESSORS ANO ASSIGNS MAY USE NE EASEUENT Iffi NE
PUFPOSES ESCRIBEO IN BE HUEER EXEMPTIq PIAT. HUBERS AND THEIR SUCCESSOFS ANO ASSIfrS MAY ALSO U$ BE EASEilEIT FOR
accEss aNo FG unuly PURPows, PRoMoEo, HoEwR, BAr o us BY HUEERS OF THE|F SUCCESSORS ANO ASlGNs *AY NOt XTNDEF G
PR€WNT IBE PR@ER AND REASONABLE U$ ANO ENJOWENT G ilE EASEUENT EY EANES OR BEIR SUCCESSORS @ ASSIGNS, ANO OD IF
HUEERs OR BEIR SUCCEs5ORS OR A55Iff5 B€ON USING BE ROAOWAY WNIN NE EASEM€NT, THEY gAU AE R€9ONSIBLE Fffi A PRO-RAIA$ARE ffE COST S IAINTNNING AND REPAIR OF TAT PGNON OF GE ROPWAY USED 8Y THEM. s!fr SHME TO EE OEERM'NEO AASEOUPG ruE NUMBER OF RESIOENNAL UNITS ON UE HUBER PROPERTY USING CE ROAD{AY CWPARED IO BE NUMBER OF RESIOENNAL UNITS
ON ftE EANES PROP€RTY, €AC8 RESIO€NTI{ UNIT EEING FEPONSI&E Tffi ff€ SHARE OI ffE MANENSG ANO REPAIB COST 6 NE
PGNON S BE RODWAY USEO BY $CH RESIOEilNI UNIT. NEIBER EANES NM HUEERS NOR THE SCCSSffiS ffi ASSIOS OF EIH€R$ALL BE PERMIMO TO PAR( q STORE WHICEs OR MACHINERY SDIN THE EASEMENT. NOR TO CONSMUCT AilY EUILOING @ OBER
IUPROWil€NI SNIN BE EAfMENT EXCEPT AS IAY E REOUIRED IN CONNECNON UB NE INSTALLANON 6 UNUIY SERVCES.
5. AIY PMTY. OR BE SUCCESSSS OR A59GN5 6 ANY PARTY, HO DESIRES S IS RE@IREO TO FURNER IMPROW THE ROAOWAY LOCAEO
WTHIN ffE EASEMENT. fOR EXAMPLE 8Y HOENING ]HE ROAOryAY OR PAUNG IT, SHALL AE SOLEIY REYESIBLE FOR THE COST @ ANY $CH
IMPROEUENT, NO FOR ANY ASSOCIAEO COST SICH AS. Fffi EXAUPLE. MOUNG
'ENCES
OR DITCHES. ff AL1ERING THE ORAINAGE AOJAGNT
TO UE ROAOWAT SUILARLY, ANY PARTL OR BE SUCCEsSORS OR ASSICNS OF ANY PARTA gO D€gRES OR IS REOUIRED IO INSTALI UtrUIY
*RVCES WTHiN BE EASEMENT SHALL 8E SOLELY RESPONSIELE FOR BE COSTS tr SUCH INSTALLANq, INCLUDING ffE REPAIR OF ANY
DAUAG CAUSD TO frE ROAOYAY DUANC ffi AS THE RESUIT tr SUCH UNLIry SERVCE INSTALLANfi. ANY UNUTY SERVES INSTALLED INBE EASMENT ShALL BE PLACEO AS NEAR AS IS POSgBLE TO NE EASTEALY EOUNOARY OF frE EA$MENT. Uh,
6, ilIS ACNEEMENT SHALL 8E EINOING UPq ANO SHALL INUFE TO il€ trNENT S EE HEIRS. SUCCESSORS, ANO ASSGNS OF ffE PARNES,
EXSNilC EA$MENT
REC.
'490E07
E0OK-971, PAGE-991
VALER HUAER AND UftA L, HUEER, ffiOsE €DRESS IS 179J COUNTY ROAD 245, NEW CAsU, COLORAOO, FOR GOOO AND VALU€E
CONSIDESANO, HEREBI GRANT AND CONEY TO ROEEAI C, EANES ND EARBARA L. EANES, NUSEES UNDER frE COilUON fiEWCSLE NUST
AGREEMENT OF ROSERT C. EANES ANO SAREMA L. EAXES OAED [8flUARY 20. 1995. SOS AOORESS IS 1679 C@NTY ROAO 245. NEW
CAsIE. COLffiAOO 81547. BE FQLOSNC DEsCRIBED EASEMENT:
N EA$MENI FOR NE PURPOSES G CONSMUCNNq MAINTAINING AilO USING A ROAOWAY FOR INGRESS NO EGRESS. FOR TNSTALLING AND
MANTAINING UTILITY sERMCEs. ANO Fffi IRRIGATIOX OIIq AND ORANAGE PURPOsEs, S. AqO55 ANO UNDER A SNIP OF LANO 50 FEEI Iil
won srruaTED rN nE sEr/sm,/4 tr sEcnoN 25, TousrP 5 stuB, aANG 91 ESr of ffE srxff PRTNCTPAL uERrorAN, GARFTELo
C@NIY, COLORADO. SAIO SMIP OF LANO SEINC I5,O TE€] TO EACH SDE OF N€ FOLLOSNG OESCRIAEO C€NERLINE:
BEONNTNG AT nE CENER ruARER CoRNIR OF SAl0 SECION 25, A 1967 SRASS Cf, L-S. NO. 14060 aOUNo lN PLA€| frENCE S. 89at'40"U ALONG ftE EAST-WST CENIRUNE OT SAID SECNS 25 I5.OO FE€T TO BE NUE POINT OF BEONNINc. flEN€ iHE FqLOflNG COUSSES
ANO OTSTANGS &ONG SA|O EASEMENT GNERLINE: N. 00'0200'f,. 219.54 EET: BENCE156.77 FEET ALONG frE ARC S A NRW TO ftE
LEFT HAUNG A RADIUS OF 324-94 FEET AND GNnAL ANGLE OF 24'28'00': BENCE N. 24!JOOO'U IOO FEET; UENCE l9a-75 FEET ALOG
ilE ARC q A CURW TO BE LEFT HAVNG A RADIUS OF 990.24 FTET. A CENFAL ANqE OF II'f,o'OO.: THENCE 71.?5 FEEI ALONG BE MC
OT A CUR€ TO THE RIGHT hAUNG A RAOIUS OF
'2,09
FEET ANO GNNAL ANGLE OF 97'OO'OO. TO A POINT ON BI S@ftffiSERLY
RICHT_OF-WAY LINE OF CARFIELO COUNTY ROAD NO, 2'5, BE POINT @ ERMINATION-
frIS EASEMENT IS FOR BE BENEFIT OF ANO fPURENNI IO THAT LANO. OR ANY PART ff'fi86, SruAE IN GARFIILO COUNry. COLORADO,
oEs@BEo As BE NEi/astr/4 oF sEcnoN zE. ToNsrp 5 s@TH. RANGE 9r Esr oF BE srxD pRNqpaL MERroraN.
V,C,NITYlvlAP
*rtLE: 1'. m@
OW\ERIAPPLICANT: SPECIALITY RESTAURANTS CORPORATION
Final PlatNOTES
1, BE EAsrs G BEARTNG Fm frrs suREy ts Noo!2 @'w ALsc rE NoRTH / souTH CENERLTNE 6 scnfr
25. TOMSHIP 5 SOUTB. RNq 91 [5I 6 frE 6B P.U,. AS SHOR HEREON,
XNOW ALL UE{ 8Y BESE PRESNTS:
ftAT NE UNERSCNEO YEqALft RESIAURANTS CORPORANd IS THE OftER G ffAT RE{ PR@ERTY gruAEO IN BE C@NIY
s GARFELD, STAE ff Cqffi&O NO A€|NG A PART Or frE LAo sruArD N_nE SEI/4NW1,/4 SfCnON ?5, TmSHTP 5
SOIIH. RNGT 9I WES OT BE 6ft PRINCIPI MERIOIN (FORMERLY KNOS A5 PARCEL A G ffE HUEER SA-J5 EXE{PNON PLAT,
AS PLAMD AND FILTD !N ftE GARFIELD C@Nfr CLER( ANO RECOFOER,S S'I€ UARCN 13. 1992 AS RE€PTIS NO. 4]2547). AS
SHOh N B€ ACCWPANNNG PLAT, SNO REAL PROPERTY BEING IORE PARNCULARLY OESGIBED AS FruOE:
EEGINNINC AT THE NOMN OUMER CORNEF OF SAID SECIION 25. THENCE S J!'45.29. W ]546.2J Efl TO A POINT ON THE
SOmWESERLY Rlc[ OF wAY oF cOUNry @ NO. 245 THE TRUE POINT OF BEGINNIilG: THENCE IONC $O RIG{ OF WAY THE
FOUOSNG CoURSES N0 DISINCES: S 11'1252'E 1tJ.o0 FEfl: THENC€ 221.39 Eil toNG A cUM TO THI IEF uuNG A
rurus OF 691.54 fftr ND A CH0R0 OF ffilCH BEffiS S 2g2ao7' a 220.11 lEAi fiENCE S 29]J'25' E f,5o.91 rEfr;
THENCE 76.2I FEfr AONG THE NC OF A CURW IO THE Eil UVrc A ruIUS Oi J49-99 FES NO A CHORO OF *HICH 8re:
S 15'17'$' E 76.09 FEfi T0 A POINT ON $D SECION 25 NOmH-SOUTH CENTERLINE: TnErcE LilUNG SAO RGHT Ot WAY AND
&NG sD Nom-souH CENERLTNE 5 oqo2'00' E 416.52 En. THE cENTaR or sD s€frroN 25; rHENc€ coNTrNUrNc {oNG
THE rcmH-sofr CEMERI|NE S 0102'00'E 70.t9 FEE: THEiCE guNG $0 NOFn-SOUIH CEMERLINE r55.J2 FES {ONG
TnE mc oF A cuM To THE E[ aA$NG A rurUS Of 190-00 r€fr NO a CHORO Or mCH BffS N
'O24'.10
W
t32.47 tEr: DErcE S 6911'40' W 167.7a',i THENCE N @48 20' W 12-77 FEg 10 A PO|NT AONG BE ffi-WES
CEMERLTNB THENG 5 89ll40'* lS.@ Fttr To A POlm N N EL( CREEKi THENCE BUNG S0 ffi-m$ CENTERLTNE
NO {ONG LrNEs lN EE Eu CREEK THE FOLLOUNC COureEs NO OlSaCE: N 1l'lo'50'r l2a.6o FEfli THENCE
N J?45'J0'w rr2.7r Eo: THENC€ N 5222'14- w 171.59 Eg: THENCE N 1-2a'50'! 250-45 FEfl; THENCE
i 7915'48' W 155.05 [g: THEilCE N 34'4E',f8' W 77.46 Efri GENCE LSVNG W Et( Ci€EX N 6149'2r' E
r6.a8 FEr; THENG N 4620'J7'€ 492.J7 FES: THENCE N 6rt5'01' E 1?0.@ aE[; TO THt POiM OF EEGTNNTNG.
SAO PARCEL CQTANING 12.92 ACRES. UqE M EsS.
BAl SAO OMES HAS CAU$ NE SAIO R€AL PROPEBTY TO EE IAIO NO SURWED AS WISPERING GEE( SUEDIVSIq. A
SUSOIVgON OF A P$T 6 GARFIED COUNTY. CqORAOO.
NAT SAD OSER O€S HEREEY OEOICAE ilO $T fffiT A[ tr BE SFEEE ANO ROADS $OM O EE ACCfrPAYNG PLAT
IO il€ U$ OF IHE ruBLrc FGEER, BE MANTAINEO AY THE HilEOMERS ASS@AN& ANO HEREAY OEOCAES TO GE PUAUC
UNLINES NOg PORISS 6 SAD REAL PR@ERry WICH ARE LABELED A5 UNLIIY EASEUENTS S frE ACCfiPNNNG PLAI AS
PERPEruAL EASEilENTS Fffi BE INST&LANON ANO UANENAN€ C UIUNES. NEUDNG BUT NOT LIilITED TO WAER LINES,E[CnlC LllES, GAS UNES, ELEPHONE LINES: TOGTHER Hn THt Rlql TO mlu NEFFERINC IREES A0 BRUSH: wft
PEFPEru{ RIST ff INGRESS NO EffiESS FG TNSTALLANON ANO MANENNE OF $G LINES. SUCH EASE(ENE ANO RIGHTS
$[L AE UNLIZEO IN A REAS@EE AND PRUDENT UANNER.
BAT SAID OMER DGs HEREEY OTOICAE TO BE HqEOWERS ASSrcIATIO BOSE POR]INS 6 SAID REAL PR@ERfr EICh ARE
LBEED AS UTILITY, ACGSs, IREGANON ANO DFAINAG EASEMENTS fr B€ ACCilPSNNG PLAT A5 PERPITUAL EA$MENTs FOR
UE DESffiISIO Ug AL6G SE INSTALLANq AND MANENANCE tr UNUNES, POINL€ WA[R. IRRICANq ND ORANA€
FAqUNES, INCLUOING EUT HOT UIIID TO: gdEO POTAEE WATER SYSEM PIPE LINES. ANO HrcRANTS; IRRGANO WAER
SEEM OIICHES, PIPE IINES ANo SIRUCruRES: ANO oRAINAGE SmUCTURES ANo FAOLIIES.
BAl [L EXFEN$ Tffi SMEEI PAVNG OR IMPROWVENIS sH{L EE ruFNIYEO EY frE SELLER ffi PURqA$R. NOI BY THE
COUNTY f GAFFIEO,
IN SfrESS MEE* SAIO OhER HAS CAUSD HIS NAME IO BE H€REUNTO SUBSCRIEEO GIS
--
OAY 6
4.0.. 200_.
gY.______
JGN O- TALLIfrET. CHAIRMAN
$EOALTY RESTAURANIS CORPORANil
A19I E. KASR BLW.
NAH€IM. CA 92604
sr^tr tr caoRrco ))ss
COUNW S GARFIED )
B[ FGEGoTNG oEorCAnS WAS AqNOIEDGED 8EFffiE ME nls__________ DAY 0F_______A.0., 200__.
UfrESS UY HANO ANO SEAL
xY COutlSS|N ExPRES: --_----_
BE REAL PROPEifr O€SffiIBEO HEREIN t5 SUB{CT TO THE ERMS. MOUSIdS AND CONDINq S (l) GMNEID
CdNIY PPROVI RESOLUId NO, 2007-68 CPNONED .A R€SOLUNil CdCERNED frfl THE fPROVI OF A
PRELIMINARY PLAil APPLICATIO Fffi THT WISPERING GEEK SUSOIMSIQ. RECOROEO AS RECEPNS NO, 7]O2AO
ANO (I) NE DECLARAIIil F COWNAflTS. CONOITIONS, R€SNICTNS AND EASEMENTS FA HE HISPEiING
GEEK SUEOIU'il RECffiDEO IN BOq -_-- AT PACE
-_-
NO RECEPT'S NO,.
(NEREINAFER .PROECNE COWNANTS').
T@OGFHY $OR HERE O IS BASED ON SHEEI C.t6-2 Of HE CGORAOO RIWR AND TRIEUIARIES FLOOO
PLNN SruOY PREPAREO FOR CAFTIELO C@NTY IN OECEVEER 19A2.
AUILOING ENELEES fiE AS CALLEO @I d BIS PLAI
oNE (r) om Hu BE &roEo FoR EAq NEW RESOENiAL UNrr ND BE OOG $AU 8E RENTRED TO BE
CNFINEO WBIN BE OMER,S PR@ERTY ANTOMIES.
NO NEW PEN HEMB SOLD-ruEL FIREPLACES ULL BE ALTOEO NffiERE WffIN EE sUBOIVgS, NE O)
N€W S&IO-FUE! EURNINC STOE AS 4FINEO AY C.R,S. 25_7-401, EI.SEC.. ANO UE REGULANUS
PRdULCAEO BEFEUXDER. ILL BE ATTOW IN ANY DILLING UNII. AU DELUNC !NITs WU 8E ALLOEO A
UNRESNICED NUUBEfi S NAruRAL GAS BURNING STOWS ANO APPLIANCES.
7, AU EXIRM LIGHNNG $U BE ffE UINIMU{ N@NT NEGSSMY NO ALI EXERIfi UGNNG SHALT 8E
OIRECEO INWARO. TOWAROS B€ INERIS tr BE sUEDIVSON. TX€PT BAl PROVSES MAY BE YP€ TO
UOW FOR SAFEW UfrNNG frAI GGS AEYfrO SE PROPERfr EOUNDAIES,
A, NO FURB€R OISSIilS OF LNO SNIN NE SUBDIM$OI SU BE UOED,
9, C1BMO IS A "RIqT_IO-FARM. STAE PURSUANT IO C,R,S. 55-]-IOI. ET- sEO, LNMBERS. ffi9DENIs NO
VSITORS MUST BE MEPAreO TO ACCEPT BE ACNVTIIS, SGHE. SOUNOS ANO SUELIS G CARTIELD COUXI)r'S
AGICULruRAL OPERANONS 5 A NffilA ANO NEGSSARY ASPECT OF LIVNG IN A COUNIY frT A 5MON6
ruRAL CHMACER ANO A HEALBY RNCHINC SECTq. ALL UUs] BE PREPARED IO ENCOUNER Nq$S, @OR.
LIffTS, UUD. OUsT, ilfrE. CHEMICALS, MACHINERY ON PUBUC ROSS, LIESTq il PUBLIC ROAOS, STffiAGE
NO OISPOSAT tr UANURE, AND NE PPLICAION BY 9RAYNG OR ON€RfrS 6 CHEUICI FERNUZERS, SOL
NENOMENTS. HEREIqOES. ANO PESNOOES. ANY ONE q IO& OF SIq MAY NAruRUY OCCUR AS PAFT q A
LEGAL ANO NON_NEqIqNT AGRI@LruR{ OP€RANOS,
rO. U ORERS OF LAND, HEBER RANCH OR RESIDENCE. HAW OELIGANONS UNDER SiATE lAW AND CNNTY
RECULANONs Sfr REGARO TO B' MANENN€ OF F€NGs ANO IRRIGANON OITCBES, CONNOLLING EEDS,
XEEPING UISTOq NO PEIS UNOER CONTROI. USING PROPERTY IN ACCOROANG fril ZONING, ND OBER
ASPECIS 6 USING AND MANTAINING PRtrERTY, RE9O€NS ANO LANOOMERS ME EilCOURACEO TO IMN
AB@T BESE RIOTS ANO RESPOilSIBILINES AND ACl AS G@ NEIGHEORS ANO CINZENs q BE C@NTL A
G@O INTR@UCTORY S@Rq tr NFGilAIOI IS .A &IOE TO RUR{ LIVNG ANO S!^!L SCALE AMICULruRE'
PUT @T 8Y THE C(ORAOO STAE UNIWRSITY EXENSION OFFIG )N GARIIELO COUNI.
t1, AASO O BE ANALEIS S fuB.SOILS N ]flE PR@EFTY, INOVDUAL SWAG NEAilENI SEEMS NO
F@NOANON DE9CNs AFT REOUIR€O TO gE CONOUCEO 8Y A R€C]SEREO PRGES9OAI ENONE€R UCENSO IO
PRAqtrqE SNN ffE STAE S CqORADO, BES STUOIES ANO PLANS 5H4L AE SUSMIftO Hft INDIVOUT
SUILONG PERMIT PPLICAN@ fG EACH LOT. ilE COSI OF BES STUOTES SHAIL 8E BORNE BY IHE INOIVOUAT
OhER.
]2. A[ SMEETS ARE DEDICAID TO TH€ PUALIC BUT A[ STREEE WLL BE CONSTRUC]EO TO ST^NOARDS
CONstsEnT STH $cnoN 9:35 q BE SUEO|M9oN REGULAiS @ 1984, AS AIENOEo ANo REPAIR ANO
MAINTENANCE sHA[ gE IHE REYSSBIUIY ff TNE INCffiPffiAEO HOVEOhERS ASSOCIANON 6 NE
SUEDIUgN.
]], BE MINER{ RIGHE ASSOOAEO flh BIS PFOPEAT HAE EEEN SEWREO ANO ffiE NOT FULLY INTACT S
NAN$ERRED Uft frE SIRFAG ESTAI BEREFORE ALLOUNG frE POENIIAL FOR NAruRAL RESOURC
EXMACNO q NE PR@ERTY BY NE MINERAL ESTAtr OBER(S) S LEAS€€(S), AT B€ IUE OF FINAL PLAI
APPUCANON, N€g OMER(S) AREI
pEcr[Ty 8ESTAURANTS cGp. umv LoaeidE JAcKss & REBA &Nsd
A191 E, XAISR BLW, 2925 ELLINCTS AE,
NAHETU, CA 92808 GRANo SNCION, CO 6150a
RqATD XISSEE CHAR(ES A, 4 IDA E, EAR
C/O ALEX KISSEE NO ftOM ADDRESS
529 ooNEGAN AW.
GTENWOOD 9RIN6, CO 81601 KARL O. & HAZEL R, TARSON
NO (NOfr ADORESS
1I. DEWLOPMINI WfrN NE IOOO PLAIN IS SUSJECT TO GARIIELO C@NTY AOSINISTRANW PERMITNNC.
15. rT rS THE rNorSDU& LOr OSER S AE9NSErL|TL ACCffiOTNG TO ffE CqGAOO NOXTOUS EEo ACT aND
GARFIELD COUNIfS EEO UANAGUENT PLN, TO MANAff ANY NOXIOUS [€05 fr HIS OR HER PREERIL
15. GRADING FM COEYANCE q SIORMWAEF AWAY FROB SNUCruR€5 SHAU 8E ftE FESPONSIEILITY OF EAq
LOT OWER AU OMERS SAIL ALLOW FM CqWYANq OF ST@UWAIER DR@GH BEIR LOT. EUILDING PERMIT
APPUCAtrONS IOR ALL LOIS $ATL 1NCLUOE A CRMNG PLN OESISED BY A PROFESSISAL ENGINEER
ftOSEREO IN BE STAIE S CqORAOO,
17, SOILS ESINC WAS PERF@MEO ANO A G€OTECHNICAL REPORT WAS PR€PAEO AY CIL.EOUPSOI. INC- OAED
AUGUST 16, 2005, JG NO. Grc4591-115. SUILDIXG PERMIT APPLIqANSS FM Alt LOTS $4I RE&IRE A sIE
SPEOFIC GEOECHNICAL INESNGAN@ ANO M]TEN FEPORT S RECOMUEilOATIqS TO OEERMINE PROPEA
FOUNoAnOil 0e9CN ANo MrnCAnoN OF POENiAL GeOOC HAZmoS.
18, NE COLOFSO DIVgON S HDLIFE sHA[ BE HELO HARMLESS FROM ANY AND ALL CLAIMS TOR DAilAGE IO
LANOSCAFNG IMPROETENTS. ENCING, ORNAVENTAL. NANE ANO GNDE{ PLANTS RESULNNG Rfr BE
ACNSTIES S SLOLIFE,'
19, GARFIELD C@NTY UOS@IIO MANACEMENT PERSONNEL ANO CONTRACEO PERSdNEL ${L AE GWN AC€SS TO
ALL EASUENTS AND OEEO RESTRICEO AREAS Ftr BE MSAGMENT tr MOS@ITOEs AS NEGSSARY, CE
HOMEOhEFS ASS@AN@ SALL EE RE9dSIBG FOR MANAGMENI OF MOSfuIIOES IN AND AROUND qE
PqO. CONIACI frE GARFIEID COUNTY EGEIANON MANAGEMENT O'NG FOR CURRENT INFMMANON F€GARD'NG
MOSOUIIO UANAGEMENT
20. BIS SUREY DOES NOT R€PR€$NI A TIE SEARCH 8Y ruM! $REYNC SERVCES, INC. iO OEERMINE
OhERSHIP OR EASEMENTS tr RECORO. A[ INFMMANM REGAROING OMERSHIP. EASEMENTS AND OBER
ENCUMERNCES 6 RECORD WAs OBTAINEO FROil AND SUB€CT TO A Ntr NSUANG COMMIfrENT ISSUID EY
COMMNIALB NIE 6 CAiFIELD COUNTY. INC,, RIFLE, CO, OROER NO, 0401045. EF'ECNW JANUMY 20.2OO4,
21, AOOFESqS ARE TO BE POSEO frERE THE ffiIWWAY INERSECTS HB BE COUNTY ROAO AS ELL AS ON BE
|NDTMOUAL HflES NO/OR HERE SNQE DR|ES TNER*CT Wn GE SHmEo ORTWWAT IETTERS mE rO gE
a MrNrMUil G 4 TNCHES rN HETGHT, r/2 |NCH lN SOfr AND BE rN CONmAST TO EACKGROUND CfrORS.
22. TO MINCATE ERE HAZARDS, EACH IOT OMER SHAU INCORPGAI NO MANTAIN A OETENSIELE WLDFIRE zONE
AS SEI FORB !N IHE .COLtrAOO SIAI FGEST SERUG PUBLICANq 6,J02.
2J, NO ACCESSGY DffiLIING UNIIS ARE PERMIM frBIN NE MISPERING CREEK SBOIUgON.
24, U INOIVDU{ SEWAG OsPOsAL SEEMS SHALL BE SEBAq FFTY (50) FEET FRfl BE TOP OF ffE BANK S
EAST fL( GEEK.
25. A lO,ORAINAGE EASEUENT SALL BE CENEREO ALONG &L PROPERTY LINES.
M
REC.
'49@
B@X-97r. PAG-990
R@ERT C.
'U€5
ATO SARBMA L, EAMS, MUSES UXEi ilE C*MS REVftEE NUST AqEEilENT S ROEERT C, EANES EO
aARBARA L. ailEs OAEO aEERUfY 20,1995, fiOS @oRESS 15 1679 COUNTY ROIO 245. ilEW CISIE. @ffiDO, FG G@
AilO VAIUAEG CON9DSANOi HEREY ELL AND OUIT OAtr IO IIER H!8 NO VfrA L HUA$. A5 SiT [TNE, H@
ADMESS IS 1795 @NTY ROAD 245, XET CAST, COLON&O !1647, BE FfuOSNC R'AL PREERIY TGAED IN GANE@ @UTft.
5.
PARGL A A SMIP Of LAD 20 FET IN SDN
ilE FALOSNG ESdE& €NERUN':
BEOflNTXC AT BE SBEIST CmEF S BE sEt/d$/4 S SID SECI6 25. ilENe S. 69.14' f 10-@ aEEl ATONG M
SOUB&Y UilE tr SAO gI/'Nh/+ TO A PONI G ftE C&IRUNE C SIO ROD EASEIEftI *IflC NE frE POilT OF
SEOTflNC 6 SAl0 CENEUil€i BEN€ lLdC SAl0 CdEUNE SE FO[ffinG COURSS A0 oTSTNGS: x.0002'00" t 414.25
FEET: nEiG N- 57550/ r. r89.al tETi nENG N. 07r.',&'r, 49.@ EEr: BEflG n. 1!'42'OO'f S.@ FEr: BENe r.
26'2soo'r 92.00 EEti BEN€ N. 22'57'm'f, 76.@ EaIi nafle N. l7l8'00'l. 91.& ftal: ffS€ N. .5'$@" * 97-@
FETi BEiq N, la'51 @' I. 86,00 FEET| ffEflG n. 6'.50d E. a2.@ fEI: BEICE N. 1tr1!@' q &.00 EEI| BEilG fl,OIJg@'* 97.00 EEi HENE N. 0r!9m_ [ 9r.@ EETi ftttc N, lJ'5000' l, sJ.OO FEETr ftENG N, 15'26'@'t 8.,@FElj frExd N. 2f48'00'L 97.00 EET: nENe N. 1ef7'@'* 52.00 FEI: nENE ff.6CO6'OI'E 52.m E€T TO A PONT dfrE fsERfy Rst-ff-w Y UNE tr GMFiE@ CONn RO& NO 245, *ENq BE flmn @ARER CmnER @ SM gmoil 25
BEmS N. 1!.!7'5J' E. r2r2.@ FEr.
M a smP d LAo 20 FEET N Soff, USED A5 A ROAo AC€Ss EASUilr, SNAEO rX N gr/.NS/4 q ECnd
25, TOBSflp 5 S@n, RAN€ 9r EsT 6 na 9xil PfrXOPA! !AD|AN. BENG t0 FEET Ot EA* SDE S B€ ftuOSNo
OESEEO GNEUNE:
gEoililrNc Al BE SBEAST CGNER Ot SAO SI/AS/4. nENE S. a91r'€' f, 10,6 FE€i A!il6 ftE s@BERLY UrE 6
s^ro $l/.Nfi/4 ro ^ Poflr 6 sao GNEME. sE muE PO|N, G &cflilrflc: nENG [6G SAD CETELTNa DE FdoHNG
couRsfs
^ND
osTNcE N.oeu'@'f, Jr4.25 E€T; nENG N. 57'S'07'* t89.ll ET: nEnca x.07r4',@'f, a9,@ EEliBlNq n. l9'42m' f, S.@ EEET: ilExG H. 25'2s@'l, 92.@ FETj EEilCE N. ,2'57@'f,. 75.00 FEEI; gEN€ n. iIlA@'f, 91.00 EET; fiEnG r. 45'$@'* a7.OO FEET| ilENe N. ll'51'@'r. $.00 FEal: ffENCE N.5eG03'E. 75.@ fEl, xoiEfi 855. IO A POilT d frE ESE(Y fiIqI-S-WAY UNE E C&FIED COUilft RO& NO. 2'5.
).@tu@@PiwtcMqhAetuMwwd4btbtuw&nM@4iWJWtudd4hcl htud@w@&tuMwqqerb4&wetu@bb@,dtutu{tu@tutu
SURVE YOR:
ENGINEER:
PLANNER:
LAND USE SUMMARY
8191 EAST KAISER BLVD.
ANAHEIM, CA 92EOE
714-279-6100
TUTTI E SURWYNG SERVCES
226 HEATHER LANE
GLENWOOD SPRJNGS. CO 61601
970-92E-9708
BOUNOARIES UNLIMITED INC.
823 BLAKE A!€, SUITE 102
GLENIVOOD SPRINCS, CO E]60]
974-945-5252
BAI(ER_HOGAN_HOUX
P.O.80X gJl
BRECKENRIDGE, CO 80424
970-45J-6880
SURVEYOR'S CERTIFICATE:
I. fFFREY ILEN ruru. DO BEFEAY CERNFY TAAI I AM A F€GISTEREO LANO SUREYOR LICENSEO UNO€R ffE LAE tr THE SIAE
tr COLfiADO. BAT UIS PLAT !S A NUE. CMRECT AND COUPLEE PLAT S BE BISPERING CREEX SUBOIMSON. .A
RESUEDIVSIfr OF PMGT A 6 EE HUEER 5B_J5 €XEMPNON PLAT.. AS LAIO OUT, PLATEO, OEOICA'ED ND SBOh AEREq.frAT suq FLAT WAS IAOE 8Y U€ M* AN ACCURAE SUREY OF SAO PROPERT 8Y ilE ANO UNOER UY SUPERVSIN AND
CffiRECIY SNOre BE L@ANS ANO OIMENSISS G THE LOTS, €ASEM€NE AND SREETS OF SAO SBDIV9G AS BE SAVE ARE
STAKEO UPON NE SOINO IN COMPLIEG Wfr APruCA6LE RE@LANONS GOERNINC BE $BOIVSION 6 LANO,
II *NESS SHEREOF ! HAW SET UY HAND ANO SEAL BI5
-
OAY
NOTffiY
MRESS:
a_o.,200_-
BY;--
ATTORNEY
AMST:
COUNft
COUNTY SUR\EYOR'S CERTIFICATF:
PPROED Fffi CONENI AO FffiU SLY AND NOT ]AE ACCURACY OF $FEE, C{@LANONS OR ORAFNNG. PURSUANT TO C,R-s,,
197J, 3E-5r."101 AND r0? (REV5Eo).
BY:
-----
CARNELD CfuNft SURWYOR
oAE:---
HIS PLAT WAS flLED FOF RECORO IN THE fFICE S frE CLERK ANO ffiCOROER S GARFIELO COUNT. COLORADO. AT _--
o'cLocK __M., Brs ______ oAY oF__ , 200_. rN Bofi -__. AT PAGE___. RECPI$ NO. ____.
. Useoble Spoce PRffESSdA! LNO SURIYOR ,]5616
ATTORNEYS CERTIFICATE:
I, ----_------- -
N ATTGNEY TICENS€D TO PRACNCE LAW IN BE STAE OF COLORADO. DO
HEREBY CEiIIY BA' A[ OEDICANONS TO BE PUBLIC, AS DESCRIBEO ON TI5 FINAL PLAI ME FREE ANO CLEffi OF ANY TITNs,
CIAIMS OR EIICUUER&CEs OF RECOFO ND FURTHER BAT flIS $EOIUSIq IS IN SUSSTNNAL COilPLIANCE ilB NE GARFIELD
COUNTY SUEOIVSIO REGULANONS ff 1984-
1 2.67
2 2.32
4 2.71
2.05
^/R/RD2.O4 A/R/RD
2.O4
^/R/RD2.04 a/R/RO
T.B.D. Mispering Lone
T-8.D. Whisperinq Lone
T.8.0. llhispering Lone
I.8.0. Mispering Lone
12.92 Ac.t
Existing Zoning - A/R/RO
Proposed Zoning = A/R/RO
Totol Nufrber of Lots Proposed - 5
Totol Number oI owelling Units Proposed = 5
Totol Number o{ lndividuol Dwelling Units
Proposed for Eoch Lot = 1
Totol Number of Proposed off-Street Porking Spoces = 5x4=20
Totol Proposed oensity = 2 58 Acres per owelling
'As defined by Sections 2:2O.3O & 2:20.335 of the Gorfield County
Subdivision Regulotions.
MINERAL OVAERS
SPECIALTY RESTAURANTS CORP.
8191 E. KAISER BLVD.
ANAHEIM. CA 92808
MARY LORAINE JACKSON & REBA JOHNSON
2926 WELLINGTON AVE.
CRAND JUNCTION. CO 81504
RONALD KISSEE
C/O ALEX KISSEE
529 OONEGAN AVE-
GLENWOOD SPRINGS, CO 81601
CHARLES A. & IDA E. WEAR
NO KNOW\ ADDRESS
(ARL O. & HAZEL R, LARSON
NO KNOM ADORESS
ADJACENT OWNERS
AS SHOm 0N SHEET /2.
IHIS P!AT, APPROEO 8Y ftE AOARD OI COUNTY CqMISSIONERS S GARFIELO COUNTY COLfircO. IHIS ---_-_ OAY ff
-_-_---.A.0,
?00.., FOR FILING Wft NE CLERX ANO RECffiDER 6 GffiFIELD C@Nry ANO FM CONWYANC€ TO BE
C@NTY S nE PUBUC 0EOICATIoNS SHOm HEREON: SU8GCT IO nE PROVgq ffAT APPEOVAL lN NO wAY OBLTCAES GARFIELDCfuNT FG THE NNANCINC OR CSSNUCNNG OF IMPROWMENTs ON TANDS. PUALIC HIGHWAE. ffi EAsEMENIS DEOICAEO TO NE
PUELIC EXCEFI AS SPECFICAUY AGRE€D TO BY THE BOASO OF COUNTY CqUISSBESS ANO FUBBER ffAT SAID APPROV& $A[
iN NO f,AY OBLICAI GARfl€LD C@NTY FOR N€ CONSMUCION, REPAF OF MAINTENANCE OF PUELIC HICHWAYS.
BOffiO OF C@Nry COMUIS9ffERS
OF GAREELO COUNT, COLORADO
8Y'_-___
SNESS MY HAflO NO $[ OF BE CfuNTY ff GMFIELO,
AmsT:___
CERK & RECORDER
Br___.__
DEPUry
I/r7/SPZ/?1/VC CnEEf ,SAB2/|ZS/O/Y
CA RFIET,O CO A/V?T COT Oru.OO
747%E .fAn renrc,tcn ucES
823 Sloke Aenuc, Sle. lol
Glenwood Springs, Colorodo 81601
(97O) 928-97OE (FAx 917-9007)
lss-us.com
illV,4l PL{" i/,4P
A\
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T FT. OERFTOW!
m^N^e ENTENI ---) ,/-----z ,
2r2$252-Gr12w{Eesd^LHUg6
t79J CtuirY ROAo 2a5tEt caff. co 41547 ,''2,/,,,
#t
fwr
/-
16 EM FL@ PLN $O[ ON nt
HU8€R S.B. J5
EXEIPTIE PTAT o)
PRrvaE AccEss i roN sJ - -?'.\/
NEw c^sff unlriY EASyENT YL'i'
(HArcHEo ^RE^) \li
2123-252-@-tOa
P0 &x 770412staHBo^t ffirN6, @ 604,
\\z
GRAPHIC SCALE
{ IN TEET )
I inch = 60 lt.
,@tuatu@Wdw.N@46M@@&tulbtuwebtuNE@wlWtudual h@dwqbNabMwq@bMw&@dMbb@,@tue{bffitutu
Final Plat Map
PqNT G BESNINC Whisoerinq Creek Su bdivision
A Resub divlsion of PaYcel A of the Huber SB-35 Exemption Ptat20 FI. ENSUETTBffi Ut PAe Xt(RRqnil)
20 rT. RoD ^ccE$ IEASUTNT EsrErT M IBX 510 PG "J(ro ff semED)
I2r2ts252-@-Gr IRqM * BtrEftR IP,O AOr !J
Naw cAsG. co 6t6a7
A Parcel of Land Situated in the SE|/4NW1/4
Section 25, Township 5 South, Range 91 West of the 6th P.M.,
Garfield County, Colorado
R,GHT-oF-*AY DEDrcTroN I
To cARFTELo couNTY FoR I
couNTY ROAD
'245
I
I
oRrcrNAL BoUNoARY cuR!€ I
R=691.54'
L=221.39' I
Ton=lll.Es' I
6F1E2O'32' I ,,rr-r",-o*0,.CH=22O.44' BaMN J. & Dax^ K.CH=22O.44 BaM@ J, & Ddx^ K. tasFocHD=S2o?5'07'E t *" ?&"1",'.ti,.,
I
-AD.I.JSIEO
CUR\E FOR I
RrcHT-oF-wAY Deorclrot I
R=5,11.1J'
L=221.99' I
Ton=112.58' I&2i'io'!q' l.
CH=22o.11' t E-=-cHo=S2o2i'07"E €lt;?=
gI iFEE, z2 2
_\t", I
2r2r-25r-fi-OrlI reN! &i^{! EU.F6R
I dE2 sNfrE mal
I xEr c6u, co sr6.7
I
I
HAffin orrs
| -n=slg.ss'| / t=za3y
Ton=38.27'
812'2A'52-
CH=76.09'
CHD=S35'47'SO'E ///s
20 Fr.
B@X 5rO PAG
\
2r25-25r-0rdlUSE RE trftHil A EROY POIA
F.O. aox 555
NEW CASE CO 6t5a7
oRANAe aI EASUEXT
EC. NO. a52547(ro EE REPUEo)LEGEND
1@ Effi FLOOOPLAIN
ffEEK/OIICH
T@ S ANK
EXSNNG ALERT
EAgM€NT
BUILDING ENEL@E
EUILOING ENEL@E NE IN LINE
ROAO ENI€RLINE
PRFERIY tINE
LOT LIilE
GNERUNE
EXSNNC EOC€ G GAWL
€XSTING FENCE
EXSIING OEFHEAD EECNIC
ACGsS, ORANAGE, UNL ND
IRRIGANON EASEMENT
UIUtr ANO IRRIGATOi
EECENT. Bffi 971. P^e 991
(TO 8E REPUGO)
1/4 ffiNERnd 25
212ts254-@-154J&€Y, RIdARD & ilMY FMIY @r2a8 c0 Ro 2.5
ilES Sff. CO 616.7
rQND SRAS CAP
\g tuLqrc^ ."
\i)
\\\.N'q\i r \rr\\\ \
'',,,"..;N
," /'/ ("e- \'
l{6\\ \-\ V\"\'\Y
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,/ /*- t
, i!-
\o-
)
--' *fr\ LOr4
tV 2.71 ac.t
\!rl\
Itllt
llrllri
tll'
l-tr
r LO75 wtwJ i ,t(* zid-G.* EMN ir I
\16 l\zll
S1 Lr7+li t-------r':-------J
I
DEOlqm Acds. oRANAe.
ifr *"
o*., * *-.J.&UEryUru
fl/Vrll PI/4 f U/4P
raTTlE,taR rarlilc sEn ucaa82J Eloke Avenue Sle. l0l
Glenwood Springs, Cduodo El6Ol
(97O) 928-9708 (FAx 917-9@7)
lss-us.com
/fr7/SPER//yC CREEK .fiAB2/I//S/O/V
C,4 nFtgIO CO A/Vff COtr ORI.OO
October 24,2007 BUI Proiect Whispering Creek
$10,000.00
$12,000.00
$20,800.00
s4,160.00
$7,800.00
$1,140.00
$10,000.00
s12,000.00
$32.00
$32.00
$20.00
$2.00
ss0.00
Mobilization (5%o max- of Construction)
Earthwork (Cut:440 CY; Fill=740CY; NeF300 CY FILL)
8" Class 6 ABC (Whispering Lane)
9" Class 6 ABC (County Road #245 )
" Asphalt (County Raod #245)
I L.S.
I L.S.
650 C.Y.
130 c.Y.
390 S.Y.
570 L.F.
20 c.Y.
$30,000.00
$41,300.00
$3,600.00
$5,000.00
$3,000.00
$6,000.00
--price includes trenching and fittings--
8' C900 Waterline (OutsideCounty Road #245)
8" C900 Waterline (County Road #245)
8" Gate Valve
l" Water Service
AirA/ac Valve Assembly
FAe Hydrant Assembly
Connect to Existine Main
600 L.F.
590 L.F.
3 Each
5 Each
I Each
2 Each
I Each
$50.00
$70.00
$1,200.00
$1,000.00
$3,000.00
$3,000.00
$1,500.00
$12.00
$6.00
$200.00
$3,000.00
$1,500.00
$15,120.00
$5,700.00
$1,200.00
includes tenching and fittings--
Irrigation Diversion Box
Irrigation Drain Valve & Drywell
2" Sch. 40 PVC Irrigation Lateral (Leonard)
4" Sch. 40 PVC Irrigation Main (in same tench)
I L.S.
I L.S.
1260 L.F.
950 L.F.
6 Each
Shallow Utility Trench (Outside County Road #245)
Shallow Utility Trench (County Road #245)
760 L.F.
640 Each
3 Each
I L.S.
3 Each
I L.S.
I L.S.
16 L.F.
1 L.S.
Class I Ground Sign (Street & Stop)
Erosion and Sediment Control (fence, haybales, runoffs, etc)
NPDES Permitting
24"A C\tP
Traffic Control
$1,500.00
$300.00
$1,500.00
$1,500.00
$900.00
$1,500.00
$1,500.00
$800.00
Subtotal $207,060.00
$20,706.00
@preparedbyandinformationsubmittedtoBoundariesUnlimitedInc.Individualhomesitedevelopmenl
other agreements for fees made by the owner or owner's representatives are not included. The owner should evaluate the Soft Costs
considered and include other known costs and also add contingencies for unforseen exspenses. Boundaries Unlimited Inc. carmot be held
responsible for variances from this estimate as actual costs may vary due to bidding, final contracting, and market fluctuations
Page 1 of2
200't BUI Proiecl Whisperins Creek
$30,000.00
s5,000.00
$2,488.20
$6,000.00
$4,000.00
$8,000.00
$17,500.00
Castle Water Tap Fees
Castle Castle Valley Blvd Fees
County 1/2 Roadway Impact Fees
vil Engineer Observations-Boundaries Unlimited
Surveying (utilities, subgrade, finish grade, corners, etc.)-Tuttle
Gas-Fees
Electric & Telephone-Fees
5 Each
5 Each
5 Each
I L.S.
I L.S.
1 L.S.
I L.S.
5 Each
$497.64
$3,000.00
$6,000.00
$4,000.00
$8,000.00
$3,500.00
Subtotal $75,988.20
$7,598.82
ubmitted to Boundaries Unlimited Inc. Individual homesite development
other agreements for fees made by the owner or owner's representatives are not included. The owner should evaluate the Soft Costs
considered and include other known costs and also add contingencies for unforseen exspenses. Boundaries Unlimited lnc. caonot be held
responsible for variances from this estimate as actual costs may vary due to bidding, final contracting, and market fluctuations
Page2 of 2
BancBRo,HOGAN,,HOtlX
ARCHITECTURE & PLANNING / A.I.A. / P.C.
Whispering Greek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 13
VEGETATION MANAGEMENT
DOCUMENTATION
Yvonne C. Bryant
From: Rocky Mountain Realtors [info@teamrmr.com]
Sent: MondaY, October 15,2007 10:17 AM
To: Yvonne bryant
Subject: whisPering creek tree's
Attachments: DSC00572.JPG; DSCOOS73.JPG; DSC00574.JPG; DSC00575.JPG; DSC00577.JPG
Yvonne:
Here are pictures of the Russian Olive tree's cut down on Friday the 12th of October by Walters and Company of -
eftn*ood Springs. They uses a tree service company to do th-e work. Use this e-mail and pictures for your proof to the
County.
Thanks
Toby Guccini
10n7t2007
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ARCHITECTURE & PLANNING / A.I.A. / P.C.
Whispering Greek Subdivision
FINAL PLAT APPLICATION
EXHIBIT 14
DESIGN GUIDELINES
WHISPERING CREEK
Design Guidelines
November 2007
Table ofContents
PLANNING AND DESIGN PHILOSOPHY.
Page
.....4
l. Granting Clause
2. GeneraIPurposes.........................
3. Definitions..................
4. ArchitecturalReviewCommittee.
..................... ....... 5
. .. . .......... ........5
SITE DEVELOPMENT GUIDELINES ................
l. BuildingEnvelopes......
2. Fences, Walls, Barrier Devices, Retaining Walls
3. GaragesandParkingSpaces...................
4. ElectricMeters,GarbageAreas................
5. Decks,Greenhouses,etc.....................
6. Signs and Mailboxes..
7. NaturalDrainageandGrading..............
11. OutdoorLighting.............12. AccessoryStructures........
LANDSCAPE REVEGETATION GUIDE
l. Infroduction..................
2. Landscape/RevegetationPlanRequirements....
3. DesigrConsiderations..............
4. ReadingResources.....................
5. Minimum Plant Material Quantities ..
6. RecommendedPlantList...................
REVTEW PROCESS..................
I. Orientation Meeting & Statement of Design Intenl
... ..... .,,.........14
.. . ......... .........1s
.......................... l7
. ...17
..18
APPENDIX l: Comtruction PeriodRegulations......'......... """"'25
APPENDD( 2: Architcctural Review Committee Application......' "" """""""""27
APPENDIX 3: Design Review Committee Checklist .......... """""""""""""""" 29
)
3.
4.
5.
6.
PI.,ANNING AND DESIGN PHILOSOPHY
Whispering Creek (the "Property") lies within Garfield County, Colorado. The intent of these Design Guidelines (the
,'Cuiiellnei,') is thai att deveiopment constructed on the Lots attempts to develop responsive and indigenous architecture;
incorporates native and naturai materials; and employs sensitive siting of improvements. Buildings should not assert
themselves at the expense of neighboring development, but rather relate to each other to form a harmonious community
with a western architectural design veriacular which shares and supports a common interest and appreciation of the
environment.
These Guidelines have been designed to put into place procedures that will enhance the quality of life by:
. encouragingenvironmentalexcellence,
. preserving the desigrr integrity and architectural quality ofthe residences, and
. upholding ProPertY values.
The standards, procedures and information that follow are intended to formulate and define the means by which residences
can be built wiihin Whispering Creek in a manner in which they will be compatible with each other and with their unique
setting. The standards *itl U.it " criteria for judgrnent by the Design Review Committee and will form the basis of control.
Co.pji-r. with the spirit of these Guidelinls ii crucial to the mutual enhancement and protection of the qualities of the
propirty and to all the Owners' commitment to the preservation of this ruggedly handsome area
A. INTRODUCTION/GENERAL
I. GRANTING CLAUSE
per the Declaration of Covenants, Conditions, and Restrictions for Whispering Creek (the "Declaration"),
the Whispering Creek Design Revielv Committee (the "Committee") hereby exercises its rights and
establishei theie Guidelines. Copies of the most recent Guidelines may be obtained from Rocky
Mountain Realtors for the Whispeiing Creek Homeowner's Association (he "Association") in Garfield
County, Colorado. The Declaraiion will control ifthere are any discrepancies between these Guidelines
and the Declaration.
2- GENERALPURPOSES
The Committee has made these Guidelines to maintain standards for the use and development of
Whispering Creek. The purposes also include guarding against unnecessary and unreasonable
interference with the views, natural beauty and ecological integrity ofthe Property.
In general, the aim ofthe Design Guidelines is to encourage aesthetics and design adapted to the climate,
anJto foster harmony between buildings and their sites and among the buildings themselves. The
Guidelines also allow careful consideration ofthe opportunities and constraints unique to each site.
presented in the pages that follow are standards that describe the design review process and provide
direction and assiitance to the owners of parcels with respect to design considerations. Modifications to
these Guidelines can only be made if it can be demonstrated to the Committee that the overall intent is
being adhered to and the unique situation prevents the strict compliance contained herein.
These Guidelines are subject to the Committee's supervision and approval in addition to the zoning and
planning regulations of Garfield County, Colorado, and appticable federal and state statutes, rules and
brdinanies.-Although final judgment of any submission must remain the discretionary opinion of the
Committee, the Committee wili be guided in its decisions by the Guidelines which are summarized
below.
The Committee may change these Guidelines periodically to accommodate changing conditions as the
Committee deems necessary or appropriate without modifying the overall stated intent. Owners
contemplating activities covered by these Guidelines should be sure they have obtained the most recent
approved version.
DEFINITIONS
The terms defined in Article I ofthe Declaration shall control as to definitions herein.
ARCHITECTURAL REVIEW COMMITTEE
The Committee shall consist of tkee members designated by Declarant to review, study, and approve or
reject proposed improvements upon the Properry. The composition and terms ofthe Committee members
stiatt Ue at Declarant's discretion until such time as Declarant's membership in the Association ceases as
provided in the Declaration. The Committee shall consist of a Chairman, a Secretary and one other
Committee member who shall be an architect licensed by tlre State of Colorado.
The Chairman shall preside over all Committee meetings and be responsible for the coordination and
direction of the Committee's worlg and promulgation of its Guidelines and any arnendments to same from
time to time. The Secretary shall keep the minutes of the Committee's proceedings and its records, and
shall publish and dissemin:ate such materials as may be necessary or desirable to guide Owners and
enforce these provisions.
The Committee shall meet at the convenience of its members or may utilize the mail or phone as
necessary to transact iE business. Applicants are encouraged to attend any Committee meeting
addressing their application, but the Applicant need not be present for the Committee to act. The initial
address of the Committee shall be:
Whispering Creek Architectural Review Committee
c/o Rocky Mountain Realtors
820 Castle Valley Blvd., #108
New Castle, CO 81647
a. NGHTOFWAMR
The Committee may waive or vary procedures or standards and criteria when conditions such as
topography, location of property lines, trees, vegetation and other physical limitations, or
architectural appropriateness, require it.
NON-LIABILITY OF COMMITTEE AND DECLARANT
Neither the Committee nor Declarant or their respective successors or assigns shall be liable in
damages to anyone submitting plans to them for approval, or to any Owner by reason of mistake
in judgnen! negligence or non-feasance arising out of or in connection with the approval or
disapproval or failure to approve any plans and specifications. Every Owner or other person
who iubmits plans to the Committee for approval agrees, by said submission, that he will not
bring any action or suit against the Committee or Declarant to recover damages. Approval by
the Committee shall not be deemed to constitute compliance with the requirements of any local
building codes and it shall be the responsibility of the Owner and his representatives to comply
therewith.
ENFORCEMENT AND REVIEW FEE
These Guidelines may be enforced as provided in the Declaration. The committee may
establish a review fee schedule for each application type submifted which fee schedule may be
changed from time to time to reflect actual costs. The initial review fee for a single family
submittal shall be $100.00.
B.
d. INFORMATION SUBMITTED BY AN OWNER
Any Owner submitting plans for Committee approval shall be responsible for the verification
*d- "..uru.y
of all diriensions, grade, elevationi and location ofkey natural terrain features for
his Lot.
C. RESUBMITTALOFPLANSANDAPPEAL
Should the Committee deny any Review Process submission, any resubmissions shall follow the
same procedures as the rejicted submittal. The Owner or his architect shall reply in writing to
Committee concerns during the Review Process. Any proposed exterior additions or changes to
a residence not part ofthe;riginal Construction Plan approval shall be submitted for Committee
review and approval.
f. OWNER REPRESENTATION
The Owner shall advise all his representatives (e.g. architect, engineer, contractor,
subcontractors, and their employees) ofttie standards and procedures outlined in the Declaration
and these Guidelines, including Appendices 1, 2, 3 and 4, and all such representatives shall abide
by said documents,
SITE DEVf, LOPMENT GUIDELIIYES
These Site Development Guidelines, together with the Desigr Guidelines, fgrm the basic visual and planning
direction necessary to malntain the natural setting and integrate residential development into it.
The preservation of open space, common area and indigenous vegetation, combined with sympathetic residential
design and site planning, ari oveniding Committee goals and in tum the Owners involved in this process.
As further described in Section D, revegetation with the Painted Pastures Subdivision is required to return the
disturbed areas to a natural condition through the use of natural grasses, flowers, and small plantings. High water
consumption plantings, such as sod, are discouraged.
The following Lot development standards will be in effect within Whispering Creek:
I. .BUILDING ENVELOPES
Building Envelopes for residences shall be as set forth in the Whispering Creek Plat. Each building
location will be analyzed as to its visual impact, relationship to views and neighbors, safety, general use,
access, architectural importance and landscipe preservation. Preservation of scenic vistas for the benefit
of all owners is of coniern to the Committe;. Owners are urged to vary the locations of front and rear
building walls from existing homes on adjacent Lots.
2. FENCES, WALLS, BARRIER DEVICES, AND RETAINING WALLS
Fences, walls, and barrier devices may be selectively used for privacy and screening purposes if
incorporated into the total design, and are required to maintain a dog in a residence. Open fences, where
appliiable, are preferred because they help maintain an open natural feeling'
The Committee will review the design, appropriateness, size, and construction of such improvements in
relation to the proposed residence -a neigttoring Lots. In no cases shall fences, walls or other barriers
be permitted for the purpose ofenclosing or delineating property lines'
Those features used solely for property line delineation are not acceptable. Required retaining walls
should be made of native stone, itained or sandblasted concrete or other materials complementary to the
natural surroundings.
GARAGES AND PARKING SPACES
Garages should integrate with the building desigr. For single family homes, a mininrum of four (4)
perm;ent parking spaces, two (2) ofwhich is a garage space, must be provided on site, except where an
lnclosed storage irea ofnot less than 5'x 10' is constructed. With such storage a one (1) car garage and
three (3) extertr parking spaces are permitted. Maximum road and parking gradients must comply with
the pioperty devilopment-plan and Garfield County requirements. The Committee .must review all
driveway locations. briveways may be constructed of concrete, asphalt, or chip seal and staked for
approvai at Construction Plan'Review. Construction access is limited to the Lot's approved driveway.
Trailers, motor homes, trucks, boats, boat trailers, tractors, vehicles other than automobiles, campers not
on a truch snow removal equipment and garden or maintenance equipment shall be.kept in a closed
structure or screened from view ixcept when in actual use. No automobile repair work shall be performed
anywhere within a Lot except in enclosed areas or in cases ofemergency'
ELECTRIC METERS, GARBAGE AREAS
utility meters, garbage areas, and other related utilitarian features shall be screened, buried or enclosed
Aom view ana pta"nea as a part of the total design of an individual residence or group of residen-ces
where applicabli. Committee approval must be obiained for such features. Such features shall be of an
approved color.
With gas readily available, propane tanks are prohibited.
DECKS, GREENHOUSES, ETC.
Decks should minimize unsightly supporting structures and complement the total design. Greenhouses are
recognized amenities but must meet County Code and these Guidelines'
SIGNS AND MAILBOXES
Committee approved house number and/or owner name signs are permissible on Lots. Freestanding
construction iigns witfr a 6 square feet maximum face are also acceptable for single family homes. These
sigrs may be placed upon a Lot at ground-breaking at a location approved by the Committee and shall be
removed immediately upon issuance ofthe Certificate ofOccupancy'
No other homeowner or property identification signs, temporary road signs, or other signs or devises to
attract attention are permissitle, excepting standard real estate "for sale" and "open house" signs, without
Committee approval.
A maitbox space within the common mail structure will
Parachute to individual Lot Owners.
NATURAL DRAINAGE AND GRADING
be assigned by the Postal Service out of
No Owner shall interfere with or direct the natural course of any drainage and runoff nor construct any
improvement, place any landscaping or allow the existence of any condition which wilt alter the natural
drainage pattem or runoff into-oricross the land of another, except to the extent such alteration is
uppror""d'i, writing by the Committee and applicable public authorities. Lot improvements should be
piann"a+o minimizi grading which substantially alters the existing topography. The maximum cut of any
Lank should be 2 to l. All grading must have prior approval of the Committee'
t0.
pursuant to the Plat and a separate declaration of easements, Garfield County and the Declarant have
established Drainage and Pedestrian Access easements on certain Lots. No structures shall be allowed
within these easements.
The drainage plan for the Property details drainage patterns for the entire parcel. Any modifications to
individual slte-drainage must iomily with said plan. Runoff from impervious surfaces, such as roofs and
pur.a *e*, shall bI directed awiy from entries and public areas to natural or improved drainage
channels or absorbed into naturally vegetated areas. No curbs or gutters shall be installed without
Committee approval.
The Committee recommends that all Owners obtain a geotechnical report to verify their Lot soils
conditions before construction.
REVEGETATION, LANDSCAPING AND BERMS
It is the Committee's philosophy to encourage the "natural condition" except where there is an extension
ofthe living area- Thii "natural condition" is defined as a combination ofindigenous plant material, trees,
topsoil, roci formations and natural tenain and features that existed before construction on and around
the Lot.
Furthermore, the Owner must submit a complete revegetation plan and schedule at the Construction Plan
Review. Reier to Appendix I for Landscaping Minimum Requirements and Consideration. Installation
and maintenance ofihe revegetation plant material and other landscape related Lot improvements are the
responsibility of the Owner.
Landscaping should generally consist of returning the Lot to a natural state through the use of natural
grasses,'flo:we.s andsmall plantings. High water consumption ptantings such as sod are strongly
discouraged. Formal landscaping shall be prohibited.
TREES
Trees shall not be cut or tree roots disturbed for trenching without Committee approval. Trees or groups
of trees adjacent to the construction area shall be fenced and protected during the construction period
Such fencing shall also remain in place until such time as the major part of the outside, work is completed.
Trees and offier existing vegetation are valued and are to be preserved whenever possible. It is mandatory
that the specifications and-the contract agreement between the Owner and contractor clearly define the
intent of preserving the plant life. Any Owner whose contractor damages trees, shrubs or groundcover
shall be required to replace such plants or trees by appropriate replanting'
All fiees felled for construction shall be promptly removed. Fallen, dead, or mistletoe-infected trees shall
be removed from the Lot. Nailing to trees is not allowed.
STAKEOUT
The location of each improvement within the buildable area must be approved at Construction Plan
Review consistent with applicable regulations ofGarfield County. In determining the proper location for
each improvement, the iommittee shall consider the location of existing and future improvements on
adjacent Lots and other monetary or aesthetic considerations.
The following shall also be complied with in reference to the Construction Plan Review period:
a. The Improvement shall be defined with four feet (4'-0") wood or steel stakes and shall be
identified as N.E., N.W., S.E., and S.W. corners. The outline of the Improvement may be
required to be marked by connected string between corner stakes. Side and front parcel lines
may also be required to be marked in a similar manner. The main floor elevation of the structure
shall be clearly marked on the stakes.
b. All property corners shall be clearly marked by the Owner. All Lot corner(s) stakes shall remain
in ilace during the construction period. Temporary removal to facilitate construction is
permitted but replacement is required.
c. All trees proposed for removal shall be tagged with orange-colored plastic tape-
d. No trees, shrubs, or groundcover shall be removed before the Committee's stakeout inspection
since theso would be lost if the structure is relocated.
e. Driveway locations shall be staked at each side of the drive at ten foot (10'-0') foot intervals
from the street to the proposed garage.
f. All Improvements other than the proposed residence shall also be staked at this time.
g. preservation fencing shall be in place or string provided to define the proposed fencing.
1I. OUTDOOR LIGHTING
All outdoor lighting is subject to Committee approval.
It is the intent of the Committee to have lights which are functional and which enhance the overall
appearance but which will not be disturbing to neighbors, pedestrians or motorists. In general, floodlights
wiil not be allowed unless specifically reviewed and approved by the Committee. No lights shall be
emitted from any Lot which are unreasonably bright or cause unreasonable glare.
With the exception of subdued down-lighting located along drives, parking areas, walkways, and decls
immediately surrounding the home, all exterior lighting shall be auached to the home.
All light fixtures shall have indirect light sowces or light sources that are recessed within the fixture.
Only incandescent lamps shall be used with a maximum of 40 watts. Lighting colors other than white
shall require Committee approval.
12. ACCESSORYSTRUCTURES
Community wooden play structures, swing sets and playhouses located unobtrusively and screened by
landscaping are encouraged. Barns and outbuildings are allowable if in compliance with Carfield Counry
regulations. Complete plans must be provided in compliance with these Guidelines. Style and materials
should match the character of the neighborhood.
Temporary shelters, tents (other than for children's use) and metal storage units are not acceptable.
13. FIRE PROTECTION REQUIREMENTS
Buildings are required to meet Garfield County Fire Mitigation Code requirements for fire flow.
14. UNDERGROUND UTILITIES
Utility lines (e.g. water, sewer, electric, gas, CATV) from individual structures must be placed
underground and comply with the utility plan for the Property.
C. ARCIIITECTURALDESIGNGIIIDELIIYES
All requirements noted within this section which are pertinent to development on an Owner's Lot shall be incorporated into
the construction Plan Review submittal in the form of general notes, details or drawings.
I. OVERALL DESIGN AND PROFESSIONAL ASSISTANCE
Owners are required to use a registered, accredited architect or experienced professional familiar with
Garfield County codes and high altitude design for their residence, who shall visit the Lot prior to the
initial submission. Plans shalibe stamped by an architect or structural engineer licensed by the State of
Colorado.
,Off the Shelf, or stock plans which do not meet the expressed intent of these Guidelines are not
acceptable design solutions for improvements. The Committee encourages individuality in exterior
appearance.
The use of high quality manufactured housing is subject to the sole discretion of the Committee based on
adherence to the requirements and goals ofthese Guidelines.
2. DESIGN AND CONFIGURATION
The goals of architectural desigt for Painted Pastures are to encourage the integration of buildings with
theiriite, and to ensure a high level of design quality throughout the community. It is intended that the
design of the Lots and Improvements be as indigenous to the physical and historical context of the Silt
regiJn as possible. These goals will be achieved by sensitive design and the use ofbuilding materials and
colors that blend Improvements with their site.
Special consideration will be given to the siting of development with emphasis on the relationship to
eiisting grades, preservation of natural Lot features, trees, plants and the relationship to neighboring Lots.
All homes shall be sensitively sited to respect the orientation to and from existing residences.
Residences shall have exterior elevations, roofs and details that are coordinated and consistent in their
architectural treatment. Care shall be given to proportion, scale and massing'
Front entries and facades shall be prominent features. Garages shall not dominate the architecture of the
structure and shall be subordinate to the residence. Garage walls shall be set back behind the front
primary walls of the home.
Generally, simple pitched roofs (4:12 to 12:12) are encouraged because oftheir varied lines and snow
shedding propirtiel, as are roofs which utilize the gable configuration with sheds and dormers as
complementary form devices. Flat and hip roofs should be used for linking purposes and as minor desrgn
elements for roofs with the gable configuration. Hip roofs are acceptable. Mansard and "A-frame" roof
elements shall not be allowed.
"Sfieet-oriented" fagade design or "theme" design transplanted from another time or area such as Chalet,
Hacienda Colonial, and Tudor are not acceptable.
3. MINIMUM SQUARE FOOTAGES
Minimum floor areas for single family homes in the Property, excluding basements, porches, decks and
garages, shall be 1500 square feet.
4. BUILDING HEIGHT
Building height limits promote buildings in harmony with, and subservient to, the surrounding natural
features. Consideration must be given to views from neighboring Lots. Building height limib are 25
feet. All building heights shall be measured as defined in the Garfield County Land Use and
Development Code.
ROOFS
Roofforms shall be simple and shall utilize gable and hip configurations, except as noted. Shed roofs
may be permitted as secbndary roof forms provided they are attached to the primary building form. Flat
roofs -ay be used only for limited connecting elements tinking other roof masses. Mansard, gambrel and
A-frame roof forms are not permitted.
With the exception of flat connecting roofs, all roof slopes shall be a minimum of 4 in 12 to a maximum
of 12 in 12.
No roofs shall be built over setback lines. Every attempt should be made to protect pedestrian and
vehicular areas from shedding snow. Dormers and chimneys are encouraged as an additional means to
break up the roof form. Cold roofs are recomme nded to avoid ice damage.
Acceptable roofmaterials include fire retardant wood shingles and shakes, high-definition healryweight
composition shingles (minimum 30-year warranty), concrete tile, and metal roofs; subject to the
Committee's review of visibility, reflectivity and appropriateness. All roofs shall be of a material, color
and texture approved by the Committee.
FOUNDATIONS
Foundations form the base on which the structure will be sited. Native stone and river rock are
encouraged. Exposed concrete walls over three (3'-0") feet in height shall be faced with wood, sand
blasted,itained, or surfaced with a textured stucco. Foundations shall be of concrete construction and
designed by an architect or professional engineer, and must take into account the information generated
by the soils report for the specific Lot.
The Committee recommends that all Owners obtain a geotechnical report to verifr their Lot soils
conditions before construction.
EXTERIOR WALLS AND WINDOWS
Walls should project a sense ofstrength and support. The watl openings should be placed in an informal
yet ordered fashioq taking care to avoid random or unusual window patterns.
Window types should be limited to a few different sizes and placed carefully into the wall plane.
Windows ihould be placed in large groupings (to avoid large uninterrupted glass areas) or puncture the
solid wall at a few key locations. Window trim should match other materials used on the building faqade.
Insulated glass windows are required by state and local energy codes. Clear, solar gray and solar bronze
glass may be used. Other colored, reflective or minored glass is not permitted
Materials allowed for exterior walls are logs, log siding, stone, shakes and shingles, wood siding, board
and baften, and brick or textured stucco in natural tones. Synthetic stone may be used upon review and
approval of the Committee. Shrcco shall be limited to a maximum of fifty percent (50%) of exterior wall
areas. The Committee may consider exposed architectural concrete when stained, sand blasted, and/or
textured.
Materials not permitted for exterior walls include plpvood siding, synthetic siding, ferro cement siding,
concrete block, brick, unit masonry, adobe, and contrasting light or dark grout or mortar.
8. MATERIALS AND EXTERIOR FINISHES
The goals of Whispering Creek design theme stress consistency and enhancement of the existing
envir6nment. In keeping-with this goal, material and color selection should reflect an extension of the
nafural environment. Natural colors or transparent finishes should be used to seal and enhance the natwal
beauty of the materials.
Large, unbroken wall planes of a single material shall be avoided. Walls shall be broken by detailing,
mAirial selection, and depth to provide a pleasing and sensitive design. Changes of building material
shall occur at inside iverius outside; corners. Stepped fascias comprised of multiple layers of trim
material shall be used to provide relief.
Exterior residence colors shall generally be muted in tone, low in contrast, and complementary to th€
natural surroundings; provided, ihat the Committee will consider all coloration schemes based on their
architectural merit and compatibility to the community as a whole.
All exposed metals (except for natural metals such as copper and zinc), sheet metals, or primed woods
shall be painted to natural muted, non-contrasting colors.
Colors for clad windows and other pre-finished materials shall be selected to complement other building
materials.
Color samples on all actual proposed materials must be submitted to the Committee at the construction
document review to determine the appropriateness for Painted Pastures.
9. DOORS
Solid core wood, planh or hollow metal doors are acceptable for exterior doors. Any painted materials
must be of an approved color. Door desigrs complementary to the overall residence design are required.
It is encouraged that garage doors be orientated away from the street.
10. TVDISHESANDANTENNAS
Large satellite dishes and radio/T.V. antennas shall not be allowed. Satellite dishes, 18" in diameter md
smaller, may be approved on a case by case basis.
I I. DECKS, BAICONIES, RAILINGS
These elements enhance overall architecture by creating variety and detail. Long balconies should be
avoided. Railing systems should be subtle and blend into architecture. Decks should be located to
capture views, yet obtuin good solar exposure. Avoid roofs dripping onto decks and balconies. Deck
shall be designed to minimize unsightly supporting structures and to complement the total design.
12. SKYLIGHTS
Skylights, when used, shall be flat glass with frames colored to match adjacent surfaces and shall be
intlgrated with the roof form to be as unobtrusive m possible. Special consideration shall be given to
color, finishes, and reflective aspects ofskylights as they may affect neighboring Lots.
13. DCOSEDMETAL,VENTS,GUTTERS
All exposedmetals such as fascias, flashing, wall vents, roofvents, metal enclosures, and chimneys shall
be primed and painted to match adjacent surfaces. Reflective or Contrasting finisbes are not acceptable.
Vents shall be grouped wherever possible. Gutters should be used sparingly due to freezing conditions.
14. CHIMNEYS AND NATURAL GAS FIREPLACES
Chimneys and fireplace flues can be strong design elements which help to add visual reliefto the roof
design. ihe chimney or flue must be enclosed by a chimney cap and be in a material compatible with the
mate.iuls and finishes of the exterior walls and roof of the residence. Spark arresters must be used on all
chimneys and flues. All exposed exterior sheet metal should be painted to match adjacent surfaces.
Noopenheanhsolid-fuel fireplacesl'ill beallou'edanvq'herewithinthesubdivision. One(l)nervsolid-
fu.t Uu-ire ttou. at O.&n.g bJ Qarfiel{ Clu4ry .-
erornufeared ttrere unOq!. Gtt_be altBed_i,:1 arry Aft-euiuUuu. AttOUltUegnis ,Ult !e dtoUed:atl -
unrestricted number ofnalural gas burning stoves and appliances. \
15. SOLARENERGY
Energy saving feafures and passive solar design considerations are encouraged whenever possible.
Active solar applications are encouraged as an integral part of the architectural design. Solar panels,
when used, shai be integrated with the roof form to be as unobtrusive as possible. Roof mounted solar
panels shall be flat glass with frames colored to match adjacent surfaces and shall be installed flush with
the roof line. Special consideration shall be given to color, finishes and reflective aspects of solar panels
as they may affect neighboring Lots.
16. RADONGASANDCARBONMONOXDE
Although no studies have been conducted on the site regarding radon gas, the Committee recommends
that each individual lot within Painted Pastures be tested by a competent professional for the presence of
radon gas. If a radon gas ventilation system is determined to be desirable, the designer of the residence
should be notified to include it in the structure's desigr. Carbon monoxide detectors are also encouraged.
17. INTERIOR WINDOW COVERINGS
Only materials intended for use as window coverings that are visible from the exterior shall be allowed.
(No temporary use of towels, foil, or sheets, etc.)
18. CHANGES
No material changes in plans or materials previously approved may be undertaken without approval of
the Committee. No work shall be undertaken (other than routine maintenance and repair) which will
result in material changes in the exterior appearance of an approved residence, including painting or
staining without prior, written approval of the Committee.
13
D. LANDSCAPE/REVEGETATIONGUIDE
I. INTRODUCTION
This guide provides useful information nec€ssary for the preparation of a landscape/revegetation plan as
well as the installation and maintenance of landscaping. All new homes at Whispering Creek must have a
landscape./revegetation plan consistent with this guide prior to Conskuction Document Review by the
Whispering Creek Desigr Review Committee.
The primary emphasis of this document is restoration (revegetation) of the natural.environment. With
certain exciptions, "formal" landscaping on a large scale is discouraged. Formal landscaping shall be
confined to small areas at the entry ofthe home.
2. LANDSCAPE/REVEGETATIONPLANREQUIREMENTS
The landscape/revegetation plan should consist of th,ree sheets: an Existing Conditions Plan; a
Construction Impu.t-Pl-; and, Proposed Landscape/Revegetation Plan. All three sheets should conform
to the following standards:
- a sheet size of24"x36" (larger projects may require a larger sheet size).
- north arrow and scale. A scale of 1" : 20' is recommended.
- topographic contours at two foot intervals.
The individual plans shall contain the following detailed information applicable to each plan. If it can be
done legibly, these plans may be incorporated into a single sheet.
a. EXSTING CONDITIONS PLAN
Location of the following:
1. All trees on and adjacent to the property.
2. Significantnative skubs on and adjacenttothe property.
3. Property lines and easements.
4. All utilities.
5. Roads and/or drivewaYs.
6. Significant features ofthe site such as views, water courses, large rocks, etc'
7 . A portion of adjacent stuctures. If an adjacent Lot has not yet been developed show a
portion ofthe Lot.
With the exception of adjacent structure information, this plan contains all of the information
normally requested by an architect in a topographic survey ofthe property'
b. CONSTRUCTION IMPACT PLAN
This plan serves two purposes. Firs! it focuses the owner's, architect's and contractor's
collective attention on minimizing site disturbance during construction. Secondly, this plan
maximizes the opportunity to protect as much ofthe indigenous vegetation as possible. This
plan shall contain the following information:
l. The limits of construction and grading activity.
2. Materials storage area-
3. Construction Parking area.
4. The location of the chemical toilet.
t4
Excavation material stockpile(s). These areas must be completely enclosed with snow
fence or a similar barrier. All construction activity shall occur within the confines of
the fencing.
All trees on site that will be retained. All trees within and adjacent to the Lot that ale to
be retained must be protected with snow fence. The snow fence must be placed outside
ofthe drip line ofthe branches. This prevents construction vehicles from compacting
the soil around the roots of the tree. If the tree is not protected in this maru:er, the
compacted soil will eventually kill the tree.
LANDSCAPE/REVEGETATION PLAN
This plan shall contain the following information:
l. All vegetationto be retained on site.
2. All areas to be revegetated. Notes shall be provided that describe the method of
revegetation, seed mixture and type of mulching to be used.
3. A plant list and legend that identifies all plant materials by common and botanical
name. The size of plant materials must also be identified. Shrubs shall be described by
container size and trees by height or trunk caliper'
4. New drainage swales created by regrading ofthe site.
5, Proposed site elements such as walkway lighting retaining walls, berming, stone oI
concrete walk, etc.
DESIGN CONSIDERATIONS
The Committee strongly encourages that site design focus on restoration of the natural environment.
Structures shall be intigrated with the natural features of the site. The revegetation process will take a
few years to matlye. Minimizing disturbed areas will hasten the healing process. Rapid revegetation also
assists in erosion confrol.
Inigation is another major consideration of site design. The Committee does encourage the use of
indigenous plant materia-ls that after two or three years ofwatering (to allow the plant to establish itselO
will gain all the moisture they need from rain and snow.
Appropriate landscape design shall:
- retain existing plant materials and site features where possible.
- utilize indigenous plant materials for landscape/revegetation.
- help soften the hard edges ofbuildings, parking areas and other man-made elements.
- provide screening or buffering ofadjacent structures.
- enhance the appearance ofthe site and the structures on the site.
a. ELEMENTSOFLANDSCAPEDESIGN
The successful completion of a landscape/revegetation shall result in a site that does not appear
"landscaped". The site shall appear as if the new structure was placed on the site without
disturbing the surrounding vegetation.
Another element to consider in landscape design is recognition of the new microclimates created
by the new structure. The plants that once grew on the northern portion of the property may not
survive in the shade and shadow created by the north side of a building. Plants placed under
roof sheds shall be tolerant to the additional moisture created by run-off from the roof.
5.
6.
l5
Berming may be an appropriate design elementfor some landscape./revegetation applications. Berms must appear to be a
nanrailaniform. A'pile^ofdirtisiotanacceplableberm. Bermsshallbecompactedandhavemaximumslopeof2:1.
The top of i berm must be-rounded, its side slope(s) must be smooth, and the toe oJ the slope mwt blend with the existing
grade.
As a general rule, formal landscaping features such as colol beds and hedges are prohibited
excepias noted below. Color beds and other formal landscape treatments are acceptable for
enfy features.
SPECIAL CONSIDERATIONS
Berming. Berming may be an appropriate design element for some landscape/revegetation
applications. Bermi must appeal to be a natural landform. A pile of dirt is not an acceptable
blrm. Berms shall be compacted and have a maximum side slope of 2:1.
RECOMMENDED:o Create a natural land form.
. Use soil that will support and sustain plant life.
. The scale ofthe berm shall be appropriate for the location.
NOT RECOMMENDED:
. Do not create berms with sharp peaks.
o Do not create berms with steep side slopes.
Screening. Sometimes it may be appropriate to place a tree screen between a new structure and
an adjacent home's deck or windows. The appearance from the adjacent property must be
considered. The ,,picket fence" approach to tree planting is inappropriate. Trees shall be
grouped to provide a ,'natural" appearance, provide an adequate screen and maximize the
aesthetics from both properties.
Rock. It is not uncommon to uncover very large rocks during foundation excavation. In some
instances a large rock can be used very effectively to add visual interest to the landscape. The
end product shall appear to be a natural part ofthe landscape and not something left on the site.
plant Materials. Owners should plant a diverse variety of species. Owners should contact a
local landscape professional.
Restoration ofthe "natural condition," except in those areas that are "an extension ofthe living
are4,' is required. Landscaping shall consist of native grasses, flowers and small plantings that
require little or no maintenance after establishment. High water consumptive planr and sod are
prohibited. In additiorL any homesite that causes disturbance to the hillside must be revegetated
immediately. This steep slope has the potential for severe erosion problems if proper
revegetation and slope stabilization techniques are not used.
Extensive use of native wildflowers and trees is strongly encouraged'
The use of temporary water-conservative inigation systems are encouraged to establish newly
planted vegetation.
READING RESOURCES:
A Guide to the Wood Plants of Colorado, by George W. Kelly, Pruett Publishing Boulder 1970.
Best Garden Plants for Colorado, by Betsy Lehndorff and Laura Peters, Lone Pine Publishing
Intemational, 2007.
Field Guide to Rockv Mountain Wildflowers, by John J. Craighead and Frank Jr. and Ray Davis, Outdoor
Recreation Institute, Houghton, Mifflin Company, Boston 1963).
Xeriscape Colorado: The Complete Guide, by Connie Lockhart Ellefson and David Winger, Westcliffe
Publishers, 2004.
MINIMUM PLANT MATERIAL QUANTITIES:
The following landscape quantities are tlle minimum requirements. The Committee encourages
additional plintings thit compliment these guidelines. Each Lot shall comply with the following
minimum planting requirements :
a. FRONTYARDLANDSCAPE
Front yards shall be installed by the Owner prior to receiving the Certificate ofOccupancy and
shall be landscaped and irrigated according to the following landscape requirements:
l. The owner is responsible for planting a minimum offive (5) deciduous and/or
evergreen trees. Deciduous trees must be a minimum 2" caliper and evergreens must
be a minimum of 6' tall. Two (2) omamental trees may be substituted for a deciduous
or evergreen tree.
2. A minimum of five 5-gallon shrubs will be required. Acceptable shrubs are listed in the
Recommended Plant List.
3. Lawns shall consist of native low growing gass mix
4. It is the responsibility of the Owner to ensure that the minimum required landscape has
been provided.
5. All piant materials shall have a l-year warranty. It is the responsibility of the Owner to
replace dead plantings per the recommended plant sizes'
b. REARYARDLANDSCAPE
Rear yards shall be installed by the Owner prior to receiving the Certificate ofOccupancy and
shall Le landscaped and inigated according to the following landscape requirements:
l. The owner is responsible for planting a minimum offive (5) deciduous and/or
evergreen trees. Deciduous trees must be a minimum 2" caliper and evergreens must
be a minimum of 6' tall. Two (2) omamental fiees may be substituted for a deciduous
or evergreen tee.
Z. A minimum of five 5-gallon shrubs will be required. Acceptable shrubs are listed in the
Recommended Plant List.
3. Lawns shall consist of native low growing gass mix.
4. It is the responsibility of the Owner to ensure that the minimum required landscape has
been Provided.5. All plant materials shall have a l-year waranty. It is the responsibility of the Owner to
replace dead plantings per the recommended plant sizes.
RECOMMENDED PLANT LIST
The following is a list of plant materials recommended for Whispering Creek. If you have questions on
specific plants, please contact a local nursery.
Botnnical Name CommonNarne Minimum Size
a. NATIVE SHRUBS
Cercocarpus ledifolius
Artemesia tridentate tidentata
Atriplex canescens
Amelanchier uthahensis
Rhus tilobata
b. ORNAMENTAL SHRUBS
Prunus Besseyi
Buddleia
Fallugia paradoxa
Juniperus commonus montana
Caryopteris x clandonensis
Potentilla fiuticosa
Ribes Aureum
RosaWoodsii
c. NATIVE FORBS
Achillea millefolium occidentalis
Hedysarum boreale
Linum lewisii
Penstemon stictus
Sphaeralcea coccinea
Lupine
d. TALL PERENNIALS
Helianthus
Consolida
Papaver
Salvia
Mountain Mahogany, Curl Leaf
Sagebrush, Basin Big
Saltbrush, Four-wing
Serviceberry, Utah
Sumac, Skunkbush
Sand Cherry
Butterlly Bush
Apache Plume
Juniper
Blue Mist Spirea
Cinquefoil
Golden Currant
Wild Rose
Western Yarrow
Northern sweetvetch
Blue Flax
Rocky Mountain Penstemon
Scarlet Globemallow
Lupine
Sunflower
Larkspur
Poppies
Indigo Spire Salvia
18
5 gal.
5 gd.
5 gal.
5 gal.
5 gal.
5 gal.
5 gal.
5 gal
5 gal.
5 gal.
5 gal.
5 gal.
5 gal.
Cleome serrulata
Cleome hassleriana
Euonymus alatus
Cosmos
Phlox
Echinacea purpurea
Rudbeckia
Perovskia atoiplicifolia
Achillea millefolium
Malvaviscus drummondii
e. MOUNDING PERENNIALS
Dianthus
Lavandula angustifolia
Leucanthemum
Scutellaria
Lantana
Aquilegia
Linum
Gaillardia
Aster
Oenothera
Tanacetum
Callirhoe
f. ANNUALS
Tropaeolum
Lantana
Consolida
Coreopsis
Cosmos
Verbena
Senecio
Osteospermum
Cleome
g. BULBS, CORMS, TUBERS
Narcissus
Crocus
Iris
Scilla
Tulipa
Bee Balm
Spider Flower
Firebush, Buming Bush
Cosmos
Phlox.
Cone Flower
Black-Eyed Susan
Russian Sage
Yarrow
Turk Cap
Pinks
English Lavender
Shasta Daisies
Pink Skull Cap
Lantan4 Stuub Verbena
Columbine
Blue Fla:<
Blanket Flower.
Aster
Evening Primrose
Feverfew
Wine Cups.
Pentas
Nasturtium
Lantana
Larkspur
Tickseed
Cosmos
Verbena
Dusty Miller
Sun Daisy
Spider Flower
Daffodil
Dutch Crocus
Iris
Siberian Squill
Tulip
h. GROI]NDCOVERS, CREEPING, FILLER PLANTS
Thymus
Violaceae
Stachys byzantina
Fragaria sp.
Varies
Sedum
French Thyme
Johnny Jump-Ups
Lambs Ear
Wild Strawberry
Herbs
Sedum
19
Thymus
Cerastium tomentosum
Delosperma
Arctostaphylos uva-ursi
i. EVERGREEN TREES
Pseudotsuga Menziesii var. glauca
Picea Pungens
Pinus Aristata
Pinus Edulis
Pinus Ponderosa
Picea Pungens
Picea Engelmannii
J. DECIDUOUS TREES
Sorbus Scopulina
Fraxinus Americana
Populus Angustifolia
Tilia Cordaa
Tilia Euchlora
Gleditsia tiacanthos inermis
Gleditsiati. inermis
Quercus Maoocarpa
Quercus Gambelii
K. ORNAMENTAL/FRUIT TREES
Malus sp.
Acer negundo
Celtis laevigata var. reticulata
Acer Ginnala
I. ORNAMENTAL CRASSES
Schizachyrium
Andropogon
Festuca
Pennisetum
Muhlenbergia
Woolly Thyme
Snow In Summer
Ice Plant
Kinnikinnick
Fir, Rocky Mountain Douglas
Fir, White
Pine, Bristlecone
Pine, Pinon
Pine, Ponderosa
Spruce, Colorado Blue
Spruce, Engleman
Ash Greene's Mountain
Ash, Autumn Purple
Cottonwood, Narrowleaf
Linde& Little Leaf
Lindeq Redmund
Locust, Shade Master
Locus! Skyline
Oalq Bun
Oak, Gamble
Apple
Apricot
Cherry "Flowering", European Bird
Cherry "Flowering", Shubert
Crab Apple
Boxelder
Hackberry, Netleaf
Maple, Amur
Peach
Pear, Aristocrat
Pear, Bradford
Pear, Redspire
Plum, Purple kaf Flowering
Plum, Newport
Plum, Thundercloud
Little Bluestem
Big Bluestem
Blue Fescue
Fountain Grass
Muhly Crass
6'tall
6'tall
6'tall
6'tall
6'tall
6'tall
6'tall
1.5" caliper
5" caliper
5" caliper
5" caliper
5" caliper
5" caliper
[.5" caliper
1.5" caliper
1.5" caliper
5" caliper
5" caliper
5" caliper
5" caliper
1.5" caliper
1.5" caliper
1.5" caliper
l.5" caliper
1.5" caliper
1.5" caliper
1.5" caliper
5" catiper
5" caliper
5" caliper
5" caliper
20
AII seeding shall be done with a proven grass seed mix and sown at recommended application rate. The
seed mix purity rate shall be a minimum of 90-95 percent pwe live seed (PLS). Certain slope aspects,
particularly those which are south facing, may require special planting such as water and mulching to
ensure successful plant establishment. Recommended seed mixtures are as follows:
NATIVE REVEGETATION RECOMMENDATION
Scientitrc Name/ Common Name/ No. % of Mix by Application Ratc
Seeds perPound Preferred Cultivar Pls/ff PLSwt Lbs PIS/acre
Achnatherum hymenoides Indian Ricegrass/4 12.5 1.25
140,000 Paloma*
Hesperostipa comata comata Needle and Thread 4 15.0 1.50
I I 5,000
Pseudoroegneriaspicataspicata Bluebunchwheatgass/ 10 31.0 3.10
Pascopyrum smithii
140,000
r40,000
Sitanion hyshix
192,000
Poa canbyi
925,000
*Accept no other cultivar for this site.
4 00.5 0.19
Western wheatgrass/ l0 31.0 3.10
Arriba*
P7
Bottlebrush squineltail 4 10.0 0.90
Canby bluegrass/
Canbar
Total 36 PLS/Ff 100 10.04 Lbs. PLS/AC
Garfield CountyNative l,ow Grow Mix (available from Rivendell Distribution & Sod Farm)
CommonName
Blue Fescue
Blue Grama
Sideoats Grama
Arizona Fescue
lndian fucegrass
Prairie Junegrass
Sandberg Bluegrass
Bottlebrush Squineltail
Pure Live Seed (PLS) %
19.680/o
19.50%
18.88%
t4.t5%
994%
4.40o/o
2.45o/o
2.34%
2t
E.REVIEWPROCESS
These Guidelines provide a ftamework for the Committee to review, process and approve residential construction
in the Property. An owner must comply with the following procedures to secure necessary approvals, as well as all
Garfield County building code requirements. An owner should reply in writing to any concerns expressed by the
Committee during the Review Process.
Address all written submittals to:
Whispering Creek Architectural Review Committee
c/o Rocky Mountain Realtors
820 Castle Valley Blvd., #108
New Castle, CO 81647
Submifted documents should be reproducible for ease of Committee review. The Committee shall attempt to
respond to all written submittals witirin fourteen (14) days of their receipt. All Commiftee approvals shall be valid
foia period of one (t) year from the date of issue. If construction of an approved structure has not commenced
within said period, the Review Process must be started anew.
1. ORIENTATION MEETING AND STATEMENT OF DESIGN INTENT
(DISCRETIONARY WITH COMMITTEE)
purpose: To ensure familiarity with the Guidelines and commtmicate the owner's design intentions to the
Committee.
Composition of Meeting: An on-site meeting between the Committee or its Chairman and the Owner and
his architect to address applicable standards and constraints.
Form of Submiftal:
a. Two copies of a written and/or graphic
philosophy, and materials to be used.
explanation to include the design approach, siting
b. Two copies of a preliminary site plan (Scale
parking grading, tree locations and any other
submit.
2. SKETCHPLANREVIEW
l/8"=l') to include building location, driveway,
explanatory materials the owner may wish to
purpose: To communicate to the Committee through drawings and relating materials the owner's design
and conformance to the Guidelines.
Note: An owner who submits combined preliminary and working drawings does so at his own risk. If the
Committee requires material changes, a resubmittal evidencing such changes must be presented to the
Committee.
Form of Submittal: Two copies of the following items:
Lot plan (Scale l/8"=1') to include, but not be limited to, building location, driveway, lalking,
grading tree locations identified for removal or protection by snow fencing, designated storage
areas for excess fill, construction debris and materials, a designated parking area for constsuction
vehicles, other temporary struchlres to facilitate construction, existing and proposed contour
lines at 2'intervals, decks, utilities and accessory development ofany kind.
b. Floor plans, roofplans, building sections (1/a" : l')
c. Exterior elevations (l/4.=l) to include existing and proposed grade levels, material and color
indications.
d. Schematic landscape plan to include existing and proposed plant material and configuration.
e. At Committee discretion, a model or perspective sketches to explain buitding form and
character.
3. CONSTRUCTION PLAN (WORKING DRAWINGS) REVIEW
Purpose: To ensure working drawings conform with the approved Sketch Plan.
Preliminary design changes should be clearly delineated.
Form of Submittal: Two copies of the following items:
a. Lot plan 1/8" : 1'; Lot plan and roofplan at 1" = 100'.
b. Floor plans, roofplans, exterior elevations, details, building sections at ll4" : l''
c. One collage (8-1/2" x I l") ofexterior materials, colors, texture.
d. Specifications, finish schedules, including compliance with the Construction Period Regulations
(see Appendix 2).
e. "Site staking" ofbuilding corners, driveway, other improvements
f. A construction schedule to include starting and completion dates ofthe building as well as the
revegetation work,
Contr.act documents must be approved in writine bv the Commiftee orior to submission to the Garfield
County Building Department for a building permit.
4. PRE-CONSTRUCTION SITE MEETING
Purpose: To ensure construction staging is consistent and in accordance with these Design Guidelines
and the construction period regulations.
Time: A Committee member or its agent shall meet with the Owner and his contractor at the site after
the Construction Documents have been approved and prior to construction. Items of review are shown on
the attached sample Pre{onstruction Review Checklist.
5. CONSTRUCTIONPERIODREVIEW
Purpose: To monitor the progress and compliance of the Owner's contractor to the construction
documents as approved by the committee and the construction period regulations.
Time: A Committee member or its agent shall periodically visit and monitor the construction to
determine compliance with the construction document approval. Items of review are shown on the
attached sample Interim-Construction Review Checklist- Any items of non-compliance shall be
immediately corrected or removed by the Owner and/or his contractor.
6. PROJECT COMPLETION REVIEW
Purpose: To ensure the finat building form is consistent and in accordance with the consfruction
document approval.
23
Submittal: The owner or his representative shall inform the Committee in writing ten (10) days prior to
the occupancy permit inspection by the Garfield County Planning Department'
Time: The Committee shall then schedule an on-site meeting with the Owner and/or his representative to
review thc construction to ensure the final exterior building form is substantially in accordance with the
approved contact documents. The Committee will respond in writing within one week of receipt of the
conformance or non-conformance of the final building form. Non-conforming improvements identified
by the Committee shall be promptly removed or corrected by the Owner or his representative.
These Standards and Procedures are adopted by the Desigr Review Committee for Whispering Creek on the
-
day of
,2007.
24
APPENDX 1
CONSTRUCTION PERIOD REGT'LATIONS
These regulations shall be apart ofthe construction plans and specifications for each residence. All contractors and owners
shall abiie by the Guidelinei, these regulations, and applicable sections ofthe Declaration with respect to consfuction on a
Lot.
The owner or architect must obtain written Committee approval and a sigr-off sheet from Garfield County and all
applicable review agencies prior to submitting building plans to the Building Departrnent for plan check. The owner or the
architect must receive final approval from the Committee and obtain a building permit from Garfield County prior to
commencing construction.
I. CONSTRUCTION LIMITS
The architect shall provide a detailed plan of construction timits on the Lot plan prior to construction. The
plan shall be implernented with snowfencing rope, barricades or like material prior to cons$uction. The
plan shall include size and location for a construction material storage areq limits of excavation, drive
areas, parking chemical toilet location, temporary structures, dumpster, fire extinguisher, utility
trenching, and construction design.
2. TEMPORARYSTRUCTURESANDSTORAGEAREAS
Use ofconstruction shelters shall be approved in writing by the Committee prior to installation. Request
for approval must address a sfucture'Jaize, configuration and location. All temporary structures shall be
..*ov.d after the occupancy permit issuance. Storage areas shall be fenced according to approved
construction limits areas designated on the site plan. The contractor shall maintain and store construction
materials, trash and equipment in these areas"
3. DAILY OPERATION, CHEMICAL TOILETS AND FIRE EXTINGUISHERS
Daily construction working hours shall be 7:00 a.m. to 7:00 p.m. The contractor shall provide a chemical
toilet in a Committee approved location during the entire construction period'
4. EXCAVATION
Excess excavation material may be stored within a snowfenced area for up to two week before removal
from the Lot. Excess topsoil for future landscaping may be stored within a snowfenced area for longer
periods provided it is prbmptly used when construction dictates. Excavation material shall not be placed
in common are4 road; or oihei Lots. Any excess excavation material should be disposed in an authorized
location. Excavation, except for utility trenching, shall be on the owner's LoL
5. DEBRIS AND TRASH REMOVAL
Daily cleanup of the construction site is mandatory. Proper disposal of refuse and storage material is the
confador's iesponsibility. Debris and trash shall be removed on a regular basis to the County dump.
Burning oftrash or construction debris is prohibited.
6. VEHICLES, PARKING AND CONSTRUCTION ACCESS
All vehicles will be parked in the designated area shown on the site plan so as not to inhibit traffic or
damage surrounding natural landscape. Vehicles shall not be left on the Property's roads overnight. The
only a=pproved conJruction access d-uring the construction period will be over the approved driveway for
the Lot unless the Committee approves an alternative access point.
25
7. BLASTING,RESTORATIONANDREPAIR
Blasting plans must be reviewed and approved by the Committee before commencem€nt. Proper safety
-A pru:t".tive actions shall be used. D-amage to any property other than the owner's shall be promptly
repaired at the expenso ofthe person or entity causing the damage.
8. DUST,NOISE A].ID ODOR
The contractor must control construction dust, noise and odor. Radios, tape players, etc. must not disturb
adjacent Owners. The contractor is responsible for watering screening or oiling dust problem ,[eas.
9. SIGNAGE
One free standing construction sigr is allowed per Lot, not to exceed 6 square feet of total surface area
unless a larger sigr is approved in writing by the Committee for larger scale projects. No sigrs shall be
placed on oi naiGA to LLes. The sigr must list the project name and lot number at the top, and may
contain the name, address and phone number ofthe owner, architec! contactor, and lender.
IO. EROSION AND SEDIMENT CONTROL
per the erosion control and revegetation plan for the Lot, the contractor shall minimize erosion by
utilizing an interim drainage system to confol water on site, stabilize the soil and revegetate the Lot as
quickly as possible.
11. PROHIBITIONS ON PROPERTY
The following items are prohibited in the Property:
a Oil changing ofvehicles and equipment witlrout proper receptacles and removal procedures
b. Concrete equipmurt cleaning or concrete dumping without proper cleanup and restoration
c. Careless treatrnent oftees or preservation areas
d. Removing any rocks, fiees, plants, topsoils, etc. from any portion ofthe Property other than the
Owner's
e. Exceeding 25 miles per hour on any Property roads or driveways
f. Careless use of cigarettes or flammable items
g. Firearms
h. Use ofspring surface or irrigation water for any pwpose'
26
APPENDX2
WIIISPERING CREEK
ARCIIITECTT]RAL REVIEW COMMITTEE APPLICATION
Date of Submittal-
Property
Owner
Lot-Block
Phone
Architect
Engineer
Confractor
n Projected Construction Start
Schematic Design Submittal/Design Development Review
Orientation Meeting/Statement of Design Intent Date
-
D Owner/Architect shall submit Architectural Review Committee Application and Review Fee of $100.00
D Owner/Architect shall confirm review ofthe Architectural Design Guidelines, Declaration ofCovenants, and
Garfi eld County Building Regulations
D Owner/Architect shall submit two (2) copies of a narrative and/or graphic explanation to include the design
approach, siting philosophy, and materials to be used
I Owner/Architect shall submit two (2) copies of a preliminary site plan (l/8":1'-0") to include building
l,ocation, driveway, parking graOing, trei locations and any other explanatory materials the Owner may wish
to submit
Date
O Owner/Architect shall provide two (2) sets of oreliminarv plans including:
! Site plan (l/8',=l'-0" dsurveyed contours (at 2' intervals minimum), setbacks, and easements) with proposed
building location (including building overhangs and decks), driveway, parking, grading, tree locations
identifiid for removal or piotection, designated storage areas for excess fill, construction debris and materials,
a designated area for conituction vehiclJs, other temporary structures to facilitate construction (dumpster &
t".poi-y toit"g, utilities, accessory development of any kind (fences, enclosures, & out buildings), and
signifi cant adjacent features (including sructures)
il Floor plans, roofplans, and building sections (1/4":l'-0") including proposed square footage
tr Exterior elevations l/4":l'-0") to include existing and proposed grade levels, material and color indications.
tr schematic landscape plan to include existing and proposed plant material and configuration
U Soils Report by registered engineer
! At Committee discretion, a model or perspective sketches to explain building form and character
Construction Plan SubmittaVspecification Review Date
-
D Owner/Architect shall provide two (2) sets of final Construction Documents (as submitted to the Building
Depaftnent) with any ih*ges to the approved schematic design submiftal clearly marked including:
! Sit; plan (l/8"=l'-Q' dsurveyed contours (at 2' intervals minimum), setback, and easements with proposed
building location (including building overhangs and deck), driveway, parking drainage & gading, culverts,
retainin! walls, utilities, snow storage, tree loiations identified for removal or protection, designated storage
areas fo; excess fill, construction debris and materials, a designated area for construction vehicles, other
temporary stuctures to facilitate construction (dumpster & temporary toilet), utilities, accessory development
oi ui,y 6nO 1f.nces, enclosures, out buildings, sport and playground equipment, and satellite dishes are subject
to committee approval),and significant adjacent features (including sfructures)
D Landscape plan (V8":1'-0) including existing vegetation and proposed landscaping materials and
configuration (conforming io Appendix 1 - Landscaping Minimum Requirements & Considerations)
E Floor Plans (1/4":l'-0)
B Square footage
27
tr Roof Plan (l/4':l'-0')
D Roofpenetrations
(TV dish and exterior radio antennas are generally not acceptable)
! ExteriorElevations (l/4"=l'-0")
! Existing & proposed gades
Building height as determined by Development Code
E Finish materials (including trim and fascia) with colors indicated
0 Windows & doors with color indicated
(divided lights and window grids are not aceptable)
E Overhangs/Eavc
(18" minimum)
E Chimney enclosure and caP
(Exposed flue pipe is not permitted)
tr Decks, balconies, andrailings
O Exterior lighting and fixtures
D Building Sections (l/4":l''0")
E Details
0 Stuctural plans (including engineered foundations)
E 8 1/2" x I l" collage of exterior materials and colors (roof, fascia and soffit, siding, trim, windows,
exposed metal (flashing & drip edge), and stone)
D Specifications and finish schedule (including compliance with Appendix 2 - Construction Period
Regulations)
D Staked building comers, driveway, and other improvements
E Construction Sihedule (to include starting and completion dates ofbuilding as well as revegetation work)
C Contact dlocuments must be approved in writinq by the Committee prior to submission to the Garfield Counw
Buildine Department for a buildine permit
I Pre-Construction InsPections
E Notification 48 hours prior to start ofconstruction
B Site inspection ofstaking
I Excavation and grading PermitD Building permit
D Project Completion Review
E Notification l0 days prior to C/O inspection
tr Inspection of compliance with approved Construction Plan Submittal
D Notification of comPliance
Date
28
APPEI\DIX3
WIIISPERING CREEK
DESTGN REVIE'W COMMITTEE CMCKLIST
COMMITTEEMEMBERS
Date l. EIGETOFSIRUCTURES
l.l 25' Maximum measured
per County code
1.2 Soeening ofsolar heating
mechanisms to adjacent Lots
2. LOCATION OF DWELLING & SETBACKS
2.1 ln accordance with Plat
2.2 Compatible with
neighborhood, natural terrain
3. ROOFS
3.1 Material, color and texture
3.2 4:12 to 12'.12 pitch
3.3 Asphalt shingle, fire retardant wood
shingles, concrete tile or metal roof
(natural color)
4. COLOR
4.1 Exterior colors blend with
natural landscape
4.2 Accent colors used with restraint
SUGGESTED MODIFICATIONS
5. FLOORSPACE
5.1 Measure from exterior wall to exterior
wall; exclude garage, patios, decla,
basement (Note area)
6. MATERIAI.S
6.1Natural materials
5.2 Stains, woods, stone or stucco
(natural colors)
7. CULVERTS
T.llfrequired for driveway, installed at
Owner's expense
8. LOTDRAINAGE & GRADING
8.1 Minimum site disruption
8.2 Shall not drain to adjoining Lots
8.3 Prior written approval from Committee
obtained when grading extends to common
area
9. HOUSENT]MBERS & SIGNS
9. I Street number visible from adjacent road
9.2 No other sigts
30
10. PAVEDAREAS
10.1 Driveway meets Garfield County specs
10.2 Materials used to create paving patterns
subject to Committee apProval
11. BI,]ILDING PROJECTIONS
I I . I All projections match the color of the
swface from which they project
I 1.2 No antennas or satellito dishes
12. EXTERIOR MECHAMCAL EOUIPMENT
12.l Incorporated into overall design
and screened
13. FOUNDATIONS
13.l Poured concrete and foundations
not exposed
13.2 Foundation finishes: textwed stucco,
masonry installed native roclg wood
13.3 Phased foundations discouraged
14. RETNI\TINGWALIS
14.l Native stone, boulders, landscape
timbers, treated logs, other.
3I
15. ACCESSORY STRUCTT'RES
15. I Architecturally compatible with dwelling
15.2 Committee approval for fences
required
15.3 Screened and architecturally compatible
with dwelling
15.4 Tents, metal storage units, eto. prohibited
16. EXTERIORLIGHTING
16. I Subdue4 not directly visible
16.2 Subject to Committee approval
15.3 Mercury vapor or incandescent
17. PARKING
17.l Minimum of one garage space, plus two
(2) uncovered
17.2 Snow stacking provided
lE. CHIMI\IEY AND TLI.]ES
18.1 Proximity of trees to chimneys and flues
18.2 Chimney spark soeens and caps
mandatory
32
19. LANDSCAPING
19. 1 Minimize disruption
19.2 Revegetate and restore ground cover
19.3 Use indigenous species
19.4 Man-made elements blend, compatible
with land
19.5 Bond or letter of credit requested by
Committee if landscaping cannot be
completed prior to occupancy
20. STORAGE OF EOIIIPMENT
20. I Boats, recreational vehicles and tuck
stored in garage only
20.2 Construction equipment and machinery
not stored on Property
21. WINpOWS
21. I Maximum insulation
21.2 Insulated glass windows required
22. STYLEANDOUALITY
22.1 Dwellings with an unfinished appearance
not permitted
22.2"A'frame stucftres "Shelf' plans, urban
styles inappropriate
22.3 Passive solar design encouraged
2t TRESI
23.1 No living tree destoyed or removed
without Coimmittec approval
23.2Cqnmithe can replace improperly
rqnoved or dcstoyed trees at Ownar's
expenso,
24 UTILITITS
24.1 Utility lines located undergound
24.2 Mctors, tanla and boxes screened
from sight
24.3 Installation of water & sewer lines
(including bacldill & compaction) completed
ASAP
34
[-,"
I
I $'\o \r,rx ',-) P-t )^)o';p1]ov+
Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
Clerk of the Board
, County Manager
STATE OF COLORADO
County of Garfield
)
)ss
)
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners'Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, July g'h,20OJ there were present:
John Martin
Larry McCown
Trdsi Houot
Don DeFord
Jean Alberico ,
Ed Green (absent)
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO.
A RESOLUTION CONCERNED WMH THE APPROVAL OF A PRELIMINARY
PLAN APPLICATION FOR THE WHISPERING CREEK SUBDIVISION
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Preliminary Plan application from Specialty Restaurants Corporation to
subdivide a l2.ll-acre property into 5 residential lots and which property is located in the
SE r/t of the NW 7+ of Section 25, Township 5 South, Range 91 West of the Sixth P.M.,
Garfield County; and
WHEREAS, the subject property is located in the ARRD Zone District; and
WHEREAS, on March L4th, 2OO7 the Garfield County Planning and Zoning
Commission forwarded a recommendation of approval with conditions to the Board of
County Commissioners for the Preliminary Plan; and
WHEREAS, on July 7th, 2007, the Board of County Commissioners opened a
public hearing upon the question of whether the Preliminary Plan should be granted,
granted with conditions, or denied at which hearing the public and interested persons
were given the opportunity to express their opinions regarding the issuance of said
Preliminary Plan; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
July 7th, 2OO7 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1.That proper publication, public notice, and posting was provided as required by law
for the hearings before the Planning and Zontng Commission and before the Board of
County Commissioners;
That the public hearings before the Planning and Zoning Commission and the Board
of County Commissioners were extensive and complete; all pertinent facts, matters
and issues were submitted; and that all interested parties were heard at those hearings;
The application is in compliance with the standards set forth in Section 4:00 of the
Garfield County Subdivision Regulations of 1984, as amended;
That the proposed subdivision of land is in compliance with the recommendations set
forth in the Comprehensive Plan of 2000;
The proposed subdivision of land conforms to the Garfield County Zoning Resolution
of 1978, as amended;
6. That for the above state and other reasons, the proposed Preliminary Plan is in the
best interest of the health, safety, and welfare of the citizens of Garfield County;
NOW, THEREFORE, BE IT RESOLVED by rhe Board of Counry
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the Preliminary Plan request is approved with the following conditions:
h That all representation made by the Applicant in the application and as
testimony in the public hearing before the Board of County Commissioners
shall be conditions of approval, unless specifically altered by the Board of
County Commissioners;
2) The Applicant shall include the following plat notes on the final plat:
a) One (1) dog will be allowed for each residential unit and the dog shall
be required to be confined within the owner's property boundaries.\ O,) rlto open hearth solid-fuel fireplaces will be' attowed anywhere within
the subdivision. One (1) new solid-fuel burning stove as defied by
C.E.S. 25-7-401, et. sew., and the regulations promulgated
thereunder, will be allowed in any dwelling unit. All dwelling units will
be allowed an unrestricted number of natural gas burning stoves and
appliances.
2.
aJ.
4.
5.
\--'\et
\"/ All exterior lighting will be the minimum amount necessary and all
\exferlor lighting will be directed inward and downward, towards the
interior of the subdivision, except that provisions may be made to allow
for safety lighting that goes beyond the propefty boundaries.
No furlher divisions of land within the Subdivision will be allowed.
Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et
seq. Landowners, residents and visitors must be prepared to accept
the activities, sights, sounds and smells of Gartield County's
agricultural operations as a normal and necessary aspect of living in a
County with a strong rural character and a healthy ranching sector. All
must be prepared to encounter noises, odor, lights, mud, dust, smoke
chemicals, machinery on public roads, livestock on public roads,
storage and disposal of manure, and the application by spraying or
otherwise of chemical fertilizers, soil amendments, herbicides, and
pesticides, any one or more of which may naturally occur as a part of a
legal and non-negligent agricultural operations.
All owners of land, whether ranch or residence, have obligations under
State law and County regulations with regard to the maintenance of
fences and irrigation ditches, controlling weeds, keeping livestock and
pets under control, using property in accordance with zoning, and other
aspects of using and maintaining propefty. Residents and landowners
are encouraged to learn about these rights and responsibilities and act
as good neighbors and citizens of the County. A good introductory
source for such information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office
in Garfield County.
Based on the analysis of the sub-soils on the property, lndividual
Sewage Treatment Systems and foundation designs are required to be
conducted by a registered professional engineer licensed to practice
within the State of Colorado. These studies and plans shall be
submitted with individual building permit application for each lot. The
cost of these studies shall be borne by the individual property owner.
) All streets are dedicated to the pubtic but atl streets witl be constructed
to standards consistent with Section g:35 of the Subdivision regulation
of 1984, as amended and repair and maintenance shall be the
responsibility of the incorporated Homeowners Association of the
subdivision.
The mineral rights associated with this property have been partially
severed and are not fully intact or transferred with the surface estate
therefore allowing the potential for natural resource extraction on the
property by the mineral estate owner(s) or lessee(s).
Development with the flood plain is subject to Garfield County
Ad mi n i strative P e rm itti n g.
s)
t,
i)
(
\3) The protective covenants shall include a mosquito management plan for
\ on-site detention ponds;
) The Applicant shall provide a map or information that quantifies the area iri
tobe-disturberl and subseqyently reseeded on road cut
the time of Final
5) The Applicant shall provide a revegetation security in an amount to be
Gadield County Vegetation Dep time of Final
The Applicant shall be responsible for Garfield County Traffic lmpact Fees
prior to recordation of the Final Plat;
The Applicant shall be responsible for paying Yz ol lhe required RE-2
School District fee prior to recordation of the Final Plat;
The Applicant shall include the following language within the Covenants
and restrictions:
Dogs should not be allowed to roam and homeowners should also
be advised that dogs chasing wildlife is illegal and can lead to legal
action. The Colorado Division of Wildlife will issue fines for dogs
harassing or chasing wildlife. lf a dog is observed chasing or
harassing wildlife it may be shot. No more than one dog per
household with a kennel restriction; furthermore an electric fence
should not be considered a kennel. Dogs that are not kenneled
must be leashed at all times. Proof of kennel construction should
be required before a Certificate of Occupancy is issued. No dogs
allowed by construction workers during the development process.
Bear/human conflicts have the potential to be a reoccurring
problem in this area and it is paramount that ceftain measures be
taken to minimize these conflicts:
All homeowner have and use an approved bear-proof container for
storing all trash/garbage. Trash compactors inside the house can
help eliminate bulk and odors, which will further reduce potential
problems;
Bird feeders (including hummingbird feeders) can be used but do
not mount humming bird feeders on windows or the siding of the
house. Seed feeders should be strung up at least 10' from the
7)
8)
e)
a)
b)
4
The Applicant shall cut and treat the inventoried Russian-Olives prior to
Final Plat documentation of the treatment shall be provided to Garfield
c)
ground with a seed catchment to discourage other wildlife foraging
Pets should be fed indoors, and pet food or food containers should
not be left outside;
Horse feed should also be stored in a bear proof container and
locked; a job box with a padlock can adequately prevent bears
from breaking into horse feed containers;
BBQs should also be securely housed in the garage or cleaned
with a bleach solution when not in use due to the fact that leftover
food and grease are an ovenruhelming bear attractant;
Round door knobs on the outside of doors rather than lever-type
can limit bear access into houses as well as installing a cooling
system rather than leaving windows open, as this is the main way
bears access homes in the summer. Storm shutters that can be
closed and locked when the house is not being used can also
discourage bears from entering vacant houses;
Under current state laws, the Division of Wildlife is not liable for
damage to real or personal property by bears.
For homeowners keeping horses on their propefty, fencing
haystacks with 8' mesh fence for wildlife proofing at the
homeowners expense is recommended.
Eliminating plantings of any berry, fruit, or nut producing plants or
shrubs will also discourage bears and other wildlife from feeding
on expensive landscaping. Homeowners also need to be aware
that the Division of Wildlife is not liable for any damage to
landscaping by deer, elk, or bear.
Maintaining as much of the native mountain shrub communities
inside the building envelopes is encouraged to continue to provide
the highest value to existing wildlife.
Due to the fact that wildlife does travel through the area, all fencing
should be eliminated. lf absolutely necessary, homeowners need
to adhere to wildlife friendly fencing consistent with the Colorado
Division of Wildlife approved fences. For wire fencing, a maximum
height of 48" with no more than 4 strands and a 12" kickspace
between the top two strands is sufficient. Rail fencing should be
held to a maximum height ol 42" with at least 18" between two of
the rails. Mesh fencing is strongly discouraged, as it significantly
impairs wildlife movement.
Dated this
-
day of
-,
A.D. 2007.
ATTEST:GARFIELD
BOARD
COUNTY
OF
COMMISSIONERS,
GARFIELD COUNTY,
COLORADO
Clerk of the Board Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin , Aye
Larrv McCown , Aye
Tr6si Houpt , Aye
STATE OF COLORADO
County of Garfield
County Clerk and ex-officio Clerk of the
Board of County Commissioners in and for the County and State aforesaid do hereby
certify that the annexed and foregoing Resolution is truly copied from the Records of the
Proceeding of the Board of County Commissioners for said Garfield County, now in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this day of , A.D.2007
County Clerk and ex-officio Clerk of the Board of County Commissioners
)
)ss
)