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HomeMy WebLinkAbout1.0 Applicationt I I I I I I lr lr lr lr lr lr lr lr lr lr lr PROJECT MANUAL FOR WOODEN DEER SUBDTWSION GARFIELD COITNTY, COLORADO August, 1992 hepared By: Schmueser Gordon Meyer, Inc. 1001 Grand Avenue, Suite 2-E Glenwood Springs, CO E1601 I I T I I I I T I t t T T I I T T I T TABLE OF CONTENTS Paoes Section 02101 - Remova! of Structures and Obstructions . . 2 Section O22OO - Excavation and Embankment . . . 9 Section 02221 - Trenching, Backfilling and Compaction . . 9 Section 02222 - Embedment and Base Course Aggregate . . . 3 Section 02255 - Dust Suppression . .. 2 Section02z71 -Riprap ......2 Section 02555 - Water Transmission and Distribution Lines 12 Section 09900 - Painting Section 09950 - Disinfection of Water Storage Facilities 6 Section15220-PumpsandPipingSystems ......3 Section 15261 - Chlorination Equipment . . 3 Section 15800 - Heating, Ventilation and Air Conditioning . . Section 15000 - Electrical T T T T T T I T I I t T I T T I I I T sEcTloN 02101 REMOVAL OF STRUCTURES AND OBSTRUCT]ONS 1.OO GENERAL 1.01 Scooe. This Work shall consist of furnishing all labor, equipment, materials and miscellaneous items for the removal and satisfactory disposal or abandonment in place of all fences, signs, structures, old pavements, roads, sidewalks, retaining walls and any other obstructions. lt shall also include salvaging of designated materials and backfilling the resulting trenches, holes, and pits. This Work shall include sawing concrete and asphalt in reasonably close confornrity with the dimensions of these Specifications to create lines of weakness in order to facilitate controlled breaking for removal. 1.O2 Submittals. Copies of written agreements for disposal areas will be given to the Engineer before work begins. 2.OO MATERIALS. Not applicable. 3.OO METHODS AND PROCEDURES 3.01 General. The Contractor shall remove and dispose of all signs, structures, fences, old pavements, abandoned pipelines, and other obstructions. All salvageable materials noted shall be removed, without unnecessary damage, in sections or pieces which may be easily transported and stored. 3.02 Disoosal. Usable material may be disposed of outside the limits of view from the project with written permission of the property owner on whose property the rnaterial is placed. Copies of all agreements with property owners are to be furnished the Engineer. Where portions of structures are to be removed, the remaining portions shall be prepared tofit new construction. The work shall be done in accordance with Drawings, and in such manner that materials to be left in place shall be protected from damage; all damage to portions of structures to remain in place shall be repaired by the contractor at his expense. Reinforcing steel projecting from the remaining structure shall be cleaned and aligned to provide bond with new extension. 3.03 Salvaqe. Salvage all items shown on the Drawings. During demolition, Owner or his representatives may designate additional materials to be salvaged rather than disposed. All salvage materials shall be removed from the job site by the Contractor and stored at a site to be designated by the Owner. 3.04 Pioe to be left in olace. All small metal pipe and metal culverts shall have the ends crushed and crimped back where possible. The ends of all masonry and plastic pipe products shall be completely back-filled with concrete or grout a minimum of 18" or on€l pipe diameter, whichever is greater. All headwalls and appurtenances shall be removed. Where shown on the Drawings, pipe shall be backfilled their full length. 02101-1 T T I T T T I T t T T I I T T I T T T 3.O5 Sawino of Concrete. The sawing of concrete shall be done carefully, and all damages to concrete remaining in place, due to Contractor's operations, shall be repaired by the Contractor at his expense. An effective dust control method must be utili::ed throughout concrete sawing operations. The minimum depth of saw cut in concrete shall be 2 inches or to the depth of the reinforced steel, whichever occurs first, unless otherwise designated. 3.OO Safetv. Operations that may damage or constitute a hazard to the traveling public will not be permitted. 3.07 Removal of Culverts and Other Drainaoe Structures. Culverts and otl'rer drainage structures in areas under traffic use shall not be removed until satisfactory arrangements have been made to accommodate traffic. Where portions of existing structures lie wholly or in part within the limits of a new structure, they shall be removed as necessary to accommodate the construction of the proposed structure. 3.OB Removal of Pioe. Pipes indicated on the Drawings to be removed for salvage and reuse shall be carefully removed, cleaned and every precaution taken to avoid damage to the pipe. Removal of pipe shall include all appurtenances. Pipe to be salvaged shall be taken to the Owner's designated storage yard; pipe to be re-laid shall be stored by the Contractor so that no damage to pipe will occur. The Contractor shall replace, at his expense, all pipe lost or damaged due to negligence, improper storage or improper construction techniques. 3.09 Removal of Pavement. Sidewalks. Curbs. etc. All concrete pavement, sidewalks, curbs, gutters, etc., designated for removal, shall be broken into pieces, the size of which shall not exceed approximately 40O pounds or 3 square yards of surface area, and shall be disposed of in a suitable manner. Where old concrete construction abuts new concrete construction, edges of pavement sidewalks, curbs, etc., to be left in place shall be sawn to a true line with a vertical face. Asphalt and bituminous pavements to be cut to the full depth of pavement with a verticalface in a straight line parallel to the limit of excavation. Cuts shalt be made with flat bladed air hammer or saw, or as approved in writing by Engineer, so as to provide a straight, true cut. Concrete pavernents, including curbs, gutters and sidewalks, to be saw cut to the full depth of pavement with a vertical face in a straight line parallel to the limit of excavation. An effective method of dust control shall be utilized throughout concrete sawing operations. Feathering of new asphalt pavements onto old pavements will not be permitted under this Contract. 3.1 0 Abandonment of Manholes. Catch Basins. lnlets. etc. Remove all portions of structure to 12 inches below finish grade. Fill all voids with concrete or Class 1 Structure Backfill (9S% density). Backfill to surface with concrete, Class 6 aggregate and/or bituminous asphalt or topsoil to rnatch final surface treatment. End of Section o2101-2 I I I I t t I t T I T T I I I t I T t sEcIoN 02200 EXCAVATION AND EMBANKMENT 1.OO GENERAL 1.01 Scooe. Work to be performed under this section shall include all labor, equipment, materials and miscellaneous items necessary to perf orm all clearing and grubbing, excavation, backfilling, cornpacting, testing and related work not specified elsewhere, as shown on the Drawings and required by the Specifications. All work within the rights-of-way of the Federal Government, the Colorado Division of Highways, County Governments or Municipal Governments shall be done in compliance with requirements issued by those agencies. All such requirements shall take precedence over these Specifications. lt shall be the Contractor's responsibility to secure all required excavation permits and pay all costs thereof. 1.O2 Related Work Soecified Elsewhere. Section O22O1 - Excavation and Backfill For Structures Section 02222 - Embedment and Base Course Aggregate 1.03 Reference Standards. A. State Department of Highways, Division of Highways, State of Colorado, "Standard Specifications for Road and Bridge Construction," latest edition. 1.04 Field Conditions. A. Existing Utilities. Underground utilities, except service lines, known to the Engineer have been shown on the Drawings. Locations are approximate only and may prove to be inaccurate. The Contractor is responsible for verification of the existence, location and protection of all utilities within the construction limits. Before commencing with work, the Contractor shall notify all public and private companies who may have utilities within the project limits. The Contractor shall coordinate with these entities all excavation performed. The Contractor shall obtain all permits required by utility owners. ln the event of damage to any existing utility, the Contractor shall be solely responsible for the repair and payment for repair of all such damage. The Contractor shall make arrangements for and pay all costs for relocation of utilities requiring relocation as indicated on the Drawings. Should utility obstructions, not shown on the Drawings, be encountered and require relocation, the Contractor shall notify the Owner and the Engineer and shall make arrangements necessary for such relocation. The Owner shall pay the costs for such relocation. o2200-1 B. C. I T T T t T T t I T T T I I I I I I T Existing lmprovements. The Contractor shall restore or protect from damage all existing improvements encountered in performance of the work. lmprovements damaged as a result of this work shall be restored to original condition or better, as determined by the Engineer. Adjacent property shall be protected by the Contractor from any damage. The Contractor shall be held solely liable for any damage to adjacent property and shall be responsible for all costs resulting from repair of such damage. Soil Conditions. lt shall be the responsibility of the Contractor to examine soil conditions and characteristics, including the presence of groundwater, that will be encountered within the limits of construction. 1.05 Protection of Work. A. Safety. All excavations shall be protected by barricades, lights, signs, etc. as required by governing federal, state and local safety codes and regulations. B. Sheeting, shoring and bracing. Except where banks are cut back on a stable slope, provide and maintain sheeting, shoring and bracing systems necessary to protect adjoining grades and structures from caving, sliding, erosion or other damage, and suitable forms of protection against bodily injury, allin accordance with applicable codes and governing authorities. Remove sheeting and shoring systems as excavations are backfilled in a manner to protect the construction or other structures, utilities or property. Do not remove any sheeting after backfilling. Sheeting and shoring systems shall be structurally designed and sufficiently braced to provide necessary restraining of retained backfill. Prior to installation of such systems, methods of installation and materials proposed shall be discussed with and approved by Engineer. All systems shall be in strict compliance with local, state and federal safety regulations. Contractor is solely liable for non-compliance. C. Site Drainage. Excavation to be protected from surface water drainage at all times. 1.06 Blastino. No blasting shall be perrnitted without written consent of the Engineer. Blasting shall be done only after Engineer receives permission from the appropriate governmental authority(ies). Blasting shall be performed only by properly licensed, experienced individuals and in a manner such that no damage to any property or persons will occur due to either the blast or debris. Contractor shall provide proof of insurance as required by these Specifications, the governing authority or as required by Engineer orior to any blasting. All damage as the result of blasting shall be repaired, at the Contractor's expense, to the satisfaction of the Engineer. All earth or rock loosened by blasting shall be removed from excavations prior to proposed construction. o2200-2 t T T t t t T I I I I T t T I t T T I 1.O7 Construction in Streets. When construction operations are located within streets, make provisions at cross streets and walks for free passage of vehicles and pedestrians. Do not block streets or walks without prior approval. 2.OO MATERIALS A[ materia]s for construction fills and backfills shall meet specified requirements for gradation and other factors defining suitability for the intended use. All classes of suitable material shall be free from perishable matter, debris, frozen material and stones andlor cemented pieces larger than permitted by the specified gradation. Classification of materials shall be as follows: 2.O1 Excavation. Excavation shall consist of the excavation of all materials of whatever character required for the Work, obtained within the right-of-way, including surface boulders and excavation for ditches and channels and not being removed under some other item. 2.O2 Materials for Embankment. Embankment material shall consist of approved material acquired from excavations, hauled and placed in embankments in reasonably close conformitywith the line, grades, thicknesses and typical cross sections shown on the plans or as designated. When source of embankment material is not designated on the plans, approval of the sourcewill be contingent on the material having a resistance value of at least that shown on the plans, when tested by the Hveem Stabilometer, and a maximum dry density of not less than 9O pounds per cubic foot. 2-O3 Topsoil. Topsoil shall consist of selectively excavated, loose, friable loam reasonably free of admixtures of sub-soil, refuse, stumps, roots, rocks, brush, weeds or other material which would be detrimental to the proper development of vegetative growth; topsoil to be free of any stone or rock greater than 3" in size. 3.OO METHODS AND PROCEDURES 3.01 Clearino and Grubbino A. Preservation of Existing Conditions. The Engineer will establish right-of-way lines and construction lines and designate all trees, shrubs, plants and other things to remain. The Contractor shall preserve allthings designated to remain. Paint required for cut or scarred surfaces of trees or shrubs selected for retention shall be an approved asphaltum base paint prepared especially for tree surgery. B. Clearing and Grubbing. clear and/or grub all surface objects and all trees, stumps, roots and otherprotruding obstructions, not designated to remain, including mowing, as required, except undisturbed stumps and roots and non-perishable solid objects which will be a minimum of two feet below subgrade or slope embankment. o2200-3 T T T I T t T t I I t t I T T I T I I Outside cut or fill limits, but within construction limits, stumps may be left at finish grade if allowed by Engineer. Except in areas to be excavated, backfill stump holes and other holes from which obstructions are removed, with embankment material and compacted in accordance with Section 3.05. C. Disposal. lf perishable material is burned, burn under the constant care of competent watchmen at such times and in such a manner that the surrounding vegetation, the other adjacent property or anything designated to remain on the right-of- way, will not be jeopardized. Burning shall be done in accordance with applicable laws and ordinances. When permitted, materials and debris which cannot be burned and perishable materials may be removed from the right-of-way and disposed of at locations off the project outside the limits of view from the project with the written permission of the property owner on whose property the materials and debris are placed. The Contractor shall make all necessary arrangements with property owners for obtaining suitable disposal locations and the cost involved shall be included in the unit price bid. Allrnerchantable timber in the clearing area which has not been removed from the right-of-way prior to the beginning of construction, shall become the property of the Contractor, unless otherwise specified. D. Scalping. Scalp areas where excavation or embankment is to be made. Scalping shall include the removal of material such as brush, roots, sod, grass, residue or agricultural crops, sawdust, and other vegetable matter from the surface of the ground. E. Hedges. Hedges shall be pulled or grubbed in such a manner as to assure complete and permanent removal. Scattered hedge or shrubs not classified as hedge shall be removed as specified for hedge. F. Topsoil. Strip topsoil from all areas to be disturbed by construction. Topsoil to be stockpiled separately from excavated materials. 3.O2 Construction Reouirements. The excavation and embankments required shall be finished to smooth and uniform surfaces. Materials shall not be wasted without permission of the Engineer. The Engineer reserves the right to change grade lines, cut slopes or fill lines during the progress of the work. 02200-4 I I I I T T I t I I I I I T t I I I T 3.03 Excavation. Material outside of the limits of excavation will not be disturbed. Prior to beginning excavation operations in any area, all necessary clearing and grubbing in that area shall have been performed in accordance with these Specifications. The Contractor shall not excavate beyond the dimensions and elevations established. Common excavation shall include all materials of whatever nature encountered in the work for construction of excavations to the lines and grades called for on the Drawings. Structure excavation shall include all earthwork required for the construction of structures to the lines and grades called for on the Drawings. lf any areas are inadvertently over-excavated. fill such over-excavation with embankment material and compact in accordance with Section 3.05. A. Tolerances. ln those areas upon which a subbase material is required, upon which finished landscaping improvements, including sodding or lawn seeding, or upon which a structure is to be constructed directly, deviation of not more than 1 inch shall be permitted when tested with a 16-foot straight edge. Deviation from grade shall not exceed 1 inch at any point. ln those areas upon which a base course material is required, deviation of not more than 0.04 foot shall be permitted when tested with a 16-foot straight edge. Deviation from grade shall not exceed 0.04 foot at any point. ln those areas where no additional construction, other than topsoil addition will occur, the finished surface shall be smooth and shall not deviate from grade by more than 0.5 foot at any point. B. Groundwater Control. Contractor to maintain facilities on site to remove all groundwater from excavated area and keep water below the bottom of the excavation to a point such that a firm base for equipment or concrete installation exists. Facilities shall be rnaintained until all backfilling is in place at least 24 inches above anticipated water levels before water removal. All water removal shall be subject to approval by the Engineer. Removal of water by bucketing, sump or trench diversions, intermittent pumping, or sump or submersible pumps is considered incidentalto excavation work. lnclusion of a bid item for dewatering indicates dewatering by continuous pumping, well-point type systems is expected. lf such dewatering system is required, in the opinion of the Engineer, this work to be paid for as indicated in the bid schedule, or if not included in the bid schedule to be considered extra work paid for at a price negotiated between Contractor and Owner prior to the start of dewatering. C. Stockpile Excavated Material. Excavated materialto be stockpiled so as not to endanger the work or public safety. Maintain existing vehicular and pedestrian traffic with minimum disruption. Maintain emergency access and access to existing fire hydrants and water valves. Maintain natural drainage courses and street gutters. Backfill materialto be segregated from stock piled topsoil and unusable backfill materials. D. Over-excavation. Whenever the site is over-excavated more than 0.1' to eliminate point bearing by rocks or stones beneath proposed structures or when 02200-s E. F. I I I I T T t T I t t T I T T I T I I grade tolerances are exceeded, the Contractor is to re-establish grade using Class 1 Backfill (CDOH Section 703.O8 - Class 1). Compaction shall be to 950,6 maximum density. All work to re-establish grade shall be at the Contractor's expense. Unstable Materials. Materials which are not capable of supporting superimposed loadings are defined as unstable materials. Should unstable materials be encountered during excavation, immediately notify Engineer. lf, in the opinion of the Engineer, unstable soil excavation is required and the Contractor could not have reasonably been expected to discover the existence of such materials during his site investigation, than a contract price for Unstable Soil Excavation shall be negotiated between Owner & Contractor. No payment shall be made for materials excavated prior to notification of the Engineer and negotiation of payment for extra work. lnclusion of a bid item for Unstable Soil Excavation indicates such excavation is anticipated. The Contractor is to notify the Engineer prior to any unstable soil excavation; no payment shall be made for excavation prior to authorization of Engineer. Rock Excavation. Rock excavation shall be defined as removal of boulders in excess of three (3) cubic yards or solid or fractured rock, which requires techniques, such as blasting or jacking for removal, other than those which are being employed by the Contractor or are normally used in excavation, such as use of backhoes, trenchers, draglines, etc. Should unanticipated rock conditions be encountered, immediately notify the Engineer. tf in the opinion of the Engineer, rock excavation is required and the Contractor had in fact made a diligent and determined effort to remove the rnaterial using normal excavation procedures as stated above and the Contractor could not have reasonably been expected to determine the existence of such materia! during his site investigation, then a contract price for Rock Excavation shall be negotiated between the Contractor and the Owner. No payment shall be made for excavation performed prior to determination of a negotiated price. Rock shall be removed to a 4" depth below grade. ln addition, all rock loosened during jacking, blasting, etc. shall be removed from the site. For payment purposes, maximum depth to be paid for shall be 12" below required grade. All over-excavation shall be replaced as specified in Subsection 3.03, D. lnclusion of a bid item for Rock Excavation indicates such excavation is anticipated. Contractor to notify Engineer prior to any rock excavation; no payment shall be made for excavation prior to notification. Disposal of Excess Excavation. Contractor to dispose of excess excavation off- site. The Owner shall have the right to elect to have the excess excavation disposed of at a designated site within the Work limits. Excavation may be wasted on site only if approved by the Engineer and shall be done at the direction of the Engineer. Disposal in any case shall be the sole responsibility of the Contractor. G. o2200-6 I t I I I T T t I I T I I I T t I t T 3.04 Embankment and Backfillino. Do not begin embankments until construction below grade has been approved, underground utility systems have been inspected, tested and approved and trash and debris have been cleaned from the excavation. Place approved excavated materialin successive uniform maximum loose layers not exceeding 8 inches for the full width of the cross-section in all accessible areas. Place material in successive uniform loose layers not exceeding 4 inches in areas not accessible or permitted for the use of self propelled rollers or vibrators. Do not place fill on muddy or frozen subgrade, or until subgrade is approved by the Engineer. Plow, step, or bench sloped surfaces steeper than 4 to 1 on which fill or backfill is to be placed in such a manner that fill material will adequately bond with existing surfaces. Scarify all surfaces to receive backfill to a depth of 6" before filling. Construct fills and embankments to the lines and grades indicated on the Drawings within tolerances stated in Section 3.03, A above. Use suitable materials removed from the excavation prior to obtaining material from borrow areas. Where otherwise suitable material is too wet, aerate, dry or blend to provide the moisture content specified for compaction. 3.056 Comoaction. During placing and/or compacting operations of earth or earth-and-rock rnixtures, the moisture content of materials in the layers being compacted shall be near optimum and uniform throughout the layer. ln general, maintain the moisture content of the material being placed and compacted within 2o/o of optimum condition as determined as ASTM Standard D698. A. Compaction Equipment. Perform allcompaction with approved equipment wel! suited to location and material being compacted. Use heavy vibratory rollers or sheepsfoot rollers where heavy equipment is authorized. Do not operate heavy equipment closer to structures than a horizontal distance equal to height of backfill above bottom of structure foundation. Compact remaining area with hand tampers suitable for material being compacted. Place and compact backfill around pipes with care to avoid damage. Compact fill materials to following densities at optimum moisture content based on ASTM D698 or AASHTO T99: 1. Structure fill under or within 5' horizontally of all concrete structures: 95%, 2. Backfill beneath or within 5' horizontally or within the area defined by a line extended at an angle of 1:1 of existing or proposed pavements, roadways, sidewalks, curbs, utility lines or other improvements: 95% 3. Backfill within lagoon berm: 95o/o 4. Backfill within public or designated rights-of-way: 90% or as shown on 02200-7 t T T T T I I T T T I I I I I T T I T the Drawings. 5. Backfill within undeveloped, green or undesignated area: 85oh. B. Jetting. Jetting and water inundation are generally not permitted methods of compaction. The Engineer may allow jetting under certain field conditions. Techniques including depth of lifts, amount of water to be used, penetration of hose jet, etc., shall be at the direction of the Engineer. No jetting will be allowed on materials with a 2Oo-minus gradation of greater than 15oh. Contractor shall pay cost of all water used, soil classification testing and compaction testing and any retesting or recompaction required. No jetting shall be done prior to written approval and direction of the Engineer. C. Maintenance. Contractor to maintain all embankment in satisfactory condition during the extent of the contract and warranty period. All surface deterioration determined to be the responsibility of the Contractor and all settlement shall be repaired at once by the Contractor upon notice by the Owner. All costs for repair and all liability as a result of surface deterioration or settlement shall be the responsibility of the Contractor. 3.06 Proof Rollino. Proof rolling with a heavy rubber-tired roller will be requirad as designated on the plans or when ordered. Proof rolling shall be done after specified compaction has been obtained. Areas found to be weak and those areas which failed shall be ripped, scarified, wetted if necessary and recompacted to the requirements for density and moisture at the Contractor's expense. Equipment to be used f or proof rolling may also be fully loaded, tandem axle dump truck or water truck or rubber-tired roller with equivalent loading characteristics. 3.07 Surface Restoration. All existing surface improvements and site conditions disturbed or damaged during construction to be restored to a condition equal to pre-construction condition. All restoration costs are considered incidental to excavation and backfill. A. lmprovements. Replace, repair or reconstruct all improvements as required. Work will not be accepted until restoration is accepted by Engineer and all affected property owners. B. Final Grading. The Contractor is to re-establish existing final grade or finish to final grades as modified and shown on the Drawings. The Contractor is to backfill to proper subgrade elevation with backfill material to allow placement of surface improvements or materials. C. Roadways. All roadways to be restored to original condition with material types removed. Materials and methods to conform to Section 02222 - Embedment and Base Course Aggregate; Section 02623 - Hot Bituminous PavemenU and Section 02614 - Portland Cement Concrete Paving. Additional requirements are: 1. Minimum base course material on gravel roadways or minimum depth gravel beneath hard surface roadways to be 8". 2. Minimum asphalt pavement surfacing to be 3". o2200-8 I I I T I T T I T I T T I T T I T T I 3. Minimum concrete pavement surfacing to be 6". D. Green Areas. Place excavated topsoil from the roadway or from pits directly upon constructed cut and fill slopes without the use of stockpiles whenever conditions and the progress of construction will permit. Do not place topsoil until the areas to be covered have been properly prepared and grading operations in the area have been completed. Place and spread topsoil at locations and to the thickness shown on the plans. Key to the underlying material by the use of harrows, rollers or other equipment suitable for the purpose. Apply water to the topsoil at the locations and in the amounts designated. Apply in a fine spray by nozzles or spray bars in such manner that it will not wash or erode the topsoil areas. All loose exposed rock larger than six inches shall be removed frorn slopes that are to receive topsoil. 4.OO OUALITY CONTROL - FIELD 4.O1 lnsoection and Testing. lnspection and testing to be performed at the direction of the Engineer. Contractor to cooperate fully with all persons engaged in testing. Contractor to excavate as required to allow testing; Contractor to backfill all test excavations in accordance with these Specifications. 4.O2 Densitv Testino and Control. A. Reference Standards. Density/moisture relationships to be developed for allsoil types encountered according to ASTM D698 or AASHTO T99. B. Field Testing. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. C. Frequency of Testing. Frequency of testing to be done at the direction of the Engineer. D. Retesting. ln the event of failure to meet compaction criteria, Contractor shall re-excavate and re-backfill at direction of Engineer. All retesting to be paid for by Contractor and to be performed by soils testing firm approved by the Engineer. 4.03 Pavment for Testino. Owner responsible for all costs of initial testing of backfill. Contractor to pay all costs of any retesting required. End of Section 02200-9 t I I t T t T T t I I t I T I I I I T sEcTloN 02221 TRENCHING, BACKFILLING AND COMPACTION 1.OO GENERAL 1.01 Scooe. Work to be performed under this section shall include all labor, equipment, materials and miscellaneous items necessary to perform all excavation, backfilling and compaction of underground pipelines, conduits, cables and appurtenances shown on the Drawings and specified herein. All work within the rights-of-way of the Federal Government of the Colorado Division of Highways, County Governments or Municipal Governments shall be done in compliance with requirements issued by those agencies. All such requirements shall take precedence over these Specifications. lt shall be the Contractor's responsibility to secure all required excavation permits and pay all costs thereof. Contractor will be required to obtain necessary road cut permits. 1.O2 Related Work Soecified Elsewhere. Section 02222 - Embedment and Base Course Aggregate Section 02555 - Water Transmission and Distribution Lines Section 02560 - Sanitary Sewerlines 1.03 Field Conditions. A. Existing Utilities. Underground utilities, except service lines, known to the Engineer have been shown on the Drawings. Locations are approximate only and may prove to be inaccurate. The Contractor is responsible for verification of the existence, location and protection of all utilities within the construction area. Before commencing with work, the Contractor shall notify all public and private companies who may have utilities within the project limits. The Contractor shall coordinate with these entities all excavation perforrned. The Contractor shall obtain all permits required by utility owners. ln the event of damage to any existing utility, the Contractor shall be solely responsible for the repair and payment for repair of all such damage. The Contractor shall make arrangements for and pay all costs for relocation of utilities requiring relocation as indicated on the Drawings. Should utility obstructions, not shown on the Drawings, be encountered and require relocation, the Contractor shall notify the Owner and the Engineer and shall make arrangements necessary for such relocation. The Owner shall pay the costs for such relocation. 02221-1 B. I I I I t T I I T T T I T I T T T T I C. Existing lmprovements. The Contractor shall restore or protect from damage all existing improvements encountered in performance of the work. lmprove- ments damaged as a result of this work shall be restored to regional condition or better, as determined by the Engineer. Adjacent property shall be protected by the Contractor from any damage. The Contractor shall be held solely liable for any damage to adjacent property and shall be responsible for all costs resulting from repair of such damage. Soil Conditions. lt shall be the responsibility of the Contractor to examine soil conditions and characteristics, including the presence of groundwater that will be encountered within the limits of construction. 1.O4 Protection of Work. A. Safety. All excavation shall be protected by barricades, lights, signs, etc., as required by governing federal, state and local safety codes and regulations. B. Sheeting, Shoring and Bracing. Where trench walls are not excavated at a stable slope, the Contractor shall provide and maintain support sufficient to prevent caving, sliding or failure and property or bodily damage. Any darnage due to inadequate support shall be repaired at the sole expense of the Contractor. Under normal construction conditions, support shall be removed as work progresses. Support shall remain installed if directed by the Engineer or if pipe does not have sufficient strength to support backfill based on trench width as defined by the sheeting. Sheeting shall not be removed after the start of backfilling. Use of a movable trench shield or coffin box will not be allowed where pipe strength is insufficient to support backfill as defined by the trench width after the trench shield is removed. The Contractor shall be held solely responsible for any violation of applicable safety standards. Particular attention is called to minimum requirements of OSHA and COSH (Colorado Occupational Safety and Health). C. Site Drainage. Excavation to be protected from surface water at all times. 1.05 Blastino. No blasting shall be permitted without written consent of the Engineer. Blasting shall be done only after Engineer receives permission from the appropriate governmental authority(ies). Blasting shall be perf ormed only by properly licensed, experienced individuals and in a manner such that no damage to any property or persons will occur due to either the blast or debris. Contractor shall provide proof of insurance as required by these Specifications, the governing authority or as required by Engineer orior to any blasting. All damage as the result of blasting shall be repaired, at the Contractor's expense, to the satisfaction of the Engineer. All earth or rock loosened by blasting shall be removed from excavations prior to proposed construction. 02221-2 T T T I I I T T I I t I I I I I I I t 1.06 Construction in Streets. When construction operations are located within streets make provisions at cross streets and walks for free passage of vehicles and pedestrians. Do not block streets or walks without prior approval. 1.O7 Submittals. A. Bedding Material 1. Submit sieve analysis B. Select Fill 1. Submit sieve analysis 2.OO MATERIALS 2.O1 Ernbedment Material. Pipe line embedment materialshall comply with the appropriate classes as listed below and as illustrated in the Construction Drawings: A. Class A - Use where indicated on the Drawings and where improper trenching or unexpected trench conditions require its use as determined by tl're Engineer. 1. Characteristics - Concrete cradle foundation with densely compacted Class 6 aggregate base backfill to 12" above top of pipe, or densely compacted Class 6 aggregate granular foundation with concrete arch cover to 6" above top of pipe. B. Class B - Use for all plastic, clay and asbestos - cement pipe under normal construction conditions. 1 . Characteristics - Densely compacted Class 6 aggregate or 3/4" screened rock granular foundation of depth shown on Typical Details with densely compacted Class 6 aggregate or 3/4" screened rock to 12" above top of pipe. C.Class C - Use for all types of pipe not specified under Class B where normal construction conditions exist. 1 . Characteristics - Densely compacted Class 4 aggregate or 314" screened rock granular foundation of depth shown on Typical Details with densely compacted Class 4 aggregate or 314" screened rock to 12" above top of pipe. 2.O2 Select Material. Subject to approval by the Engineer, select material shall be allowed in place of the aggregate backfill for Classes B & C embedment. A. Characteristics - Soil materials free from rocks, clods, and organic material, uniformly graded as follows: Pioeline Material Plastic, clav and Asbestos -'Cement All others Gradation Limits 3/4 inch max. with less thanl5% oassino No. 20O sieve 1 % ihch mdx. with less than20% passing No. 200 sieve 02221-3 I I T I I T I T A. B. 2.O3 Concrete for Embedment. Shall be 2000 psi concrete (28 day compressive strength). Reinforcement shall conform to ASTM A185, Grade 40. 2.O4 BackfillMaterial. Characteristics - Native materials free from debris, organic matter and frozen material. Uniformly graded sufficient to allow proper compaction. Gradation - No boulders greater than 6 inch diameter in top 12 inches of backfill. Generally no boulders greater than 12 inch diameter in remainder of trench. Limited number of boulders not exceeding 24 inch diameter to be allowed at discretion of Engineer provided boulders can be uniformly dispersed and will not interfere in compactive effort. B. C. t T T T T I I I I T T 3.OO METHODS AND PROCEDURES 3.O1 Site Preoaration. A. Clearing. Remove all vegetation, stumps, roots, organic matter, debris and other miscellaneous structures and materials from work site. Dispose of off- site. Topsoil Removal. Strip existing topsoil from all areas to be disturbed by construction. Topsoil to be stockpiled separately from excavated materials. Pavement Removal. See Section 02101 - Removal of Structures and Obstructions. 3.02 Trench Excavation. A. Limits of Excavation. Trenches to be excavated along lines and grades shown on the Drawings, or as modified in the field by the Engineer. Trench widths for pipe loading to be measured 12 inches above top of pipe. Minimum trench width to be the outside diameter of the pipe or conduit plus 16 inches. Maximum trench width to be the outside diameter of the pipe or conduit plus 24 inches for all pipes or conduits with outside diameter of 24 inches or less, and plus 3O inches for all pipes or conduits with outside diameters greater than 24 inches. lf maximum trench width is exceeded, Contractor will provide at his expense, higher strength pipe or special bedding including concrete at the direction of the Engineer. Trench excavation not to be completed more than 1OO feet in advance of pipe installation. Backfill to be completed within 100 feet of pipe installation. 022214 B. c. D. A. B. c. T I t T t T I T t I I T I I T I t I I Groundwater Control. Contractor to maintain facilities on-site to remove all groundwater from trench and keep water at least 12 inches below the trench bottom to a point such that a firm base for pipe or conduit installation exists. Facilities shall be maintained until all concrete is cured and backfilling is in place at least 24 inches above anticipated water levels before water removal is discontinued; all water removal shall be subject to approval by the Engineer. Stockpile Excavated Material. Excavated materialto be stockpiled so as not to endanger the work or public safety. Maintain existing vehicular and pedestrian traffic with minimum disruption. Maintain emergency access and access to existing fire hydrants and water valves. Maintain natural drainage courses and street gutters. Backfill materialto be segregated from stockpiled topsoil and unusable backfill materials. Excavation for Appurtenances. Excavation to be done in accordance with these Specifications and as shown on the Drawings. Adequate working clearances to be maintained around appurtenances. Provisions for base and bottom preparations shall apply to all appurtenances. Precautions to be taken to maintain trench widths in the vicinity of adjacent pipelines and conduits. 3.03 BottomPreoaration. Undisturbed Foundation. Where soils are suitable and have adequate strength, bottom to be graded and hand-shaped such that pipe barrel rests uniformly on undisturbed soil. All rocks or stones which may result in a point bearing on the pipe shall be removed. Undisturbed grades shall be within 0.1 feet t tolerance. Soils for final pipe grade placed within these limits shall be fine granular (100% passing No. 4 sieve) or may be native materials, hand compacted to 95olo maxirnum density. Bell Holes. Material to be removed to allow installation of all fitting and joint projections without affecting placement of pipe. Overexcavation. Whenever trench is overexcavated to eliminate point bearing by rocks or stones or when undisturbed grade tolerances of 0.1' are exceeded, the Contractor is to re-establish grade using Class 6 aggregate bedding material. Compaction shall be g5% maximum density. All work to re-establish grade shall be at the Contractor's expense. Unstable Materials. Materials which are not capable of supporting superim- posed loadings are defined as unstable rnaterials. Should unstable materials be encountered during excavation, immediately notify Engineer. lf , in the opinion of the Engineer, unstable soil excavation is required and the Contractor could not have reasonably been expected to discover the existence of such materials during his site investigation, then a contract price for Unstable Soil Excavation D. 02221-5 T t T I T T I t I t T I t I T t T I t shall be negotiated between Owner and Contractor. No payment shall be made for materials excavated prior to notification of the Engineer and negotiation of payment for extra work. lnclusion of a bid item for Unstable Soil Excavation indicates such excavation is anticipated. The Contractor is to notify the Engineer prior to any unstable soil excavation; no payment shall be made for excavation prior to authorization of Engineer. E. Rock Excavation. Rock excavation shall be defined as removal of boulders in excess of three (3) cubic yards of solid or fractured rock, which makes hand shaping of the bottom impossible and which requires techniques, such as blasting or jacking for removal, other than those which are being employed by the Contractor or are normally used in trench excavation, such as use of backhoes, trenchers, draglines, etc. Should unanticipated rock conditions be encountered, immediately notify the Engineer. lf in the opinion of the Engineer, rock excavation is required and the Contractor has in fact made a diligent and determined effort to remove the material using normal excavation procedures as stated above, and the Contractor could not have reasonably been expected to determine the existence of such material during his site investigation, then a contract price for rock excavation shall be negotiated between the Contractor and the Owner. No payment shall be made for excavation performed prior to determination of a negotiated price. Rock shall be removed to a 4" depth below grade, Additionally, all rock loosened during jacking, blasting, etc., shall be removed from the trench. For payment purposes, maximum trench width to be paid for shall be as defined in Subsection 3.O2, A. Maximum depth to be paid for shall be 12" below required grade. All overexcavation shall be replaced as specified in Subsection 3.03, C. lnclusion of a bid item for rock excavation indicates such excavation is anticipated. Contractor to notify Engineer prior to any rock excavating; no payment shall be made for excavation prior to notification. 3.04 Backfillino. A. Tamping Equipment. Except immediately next to the pipe, mechanical or air operated tamping equipment to be used. Hand equipment such as T-bar to be used to pipe if necessary. Care to be taken when compacting under, along side and immediately above pipe to prevent crushing, fracturing or shifting of the pipe. The Contractor is to note densities required for materials being backfilled and shall use appropriate approved equipment to obtain those densities. Wheel rolling is not considered to be an adequate compaction technique to meet these Specifications and will not be allowed. Where 85% compaction is required, wheel rolling may be considered. Before acceptance, the Contractor shall backfill a portion of the trench and pay for density testing to verify adequacy of the proposed backfill techniques. A hydro hammer may be allowed to obtain the specified density up to 4' in 02221-6 I I I t T I I I t T I T I I I T T G. B. C. depth. The Contractor will be required to re-excavate those areas that have been tamped so that density tests can be taken to insure that the specified density is being obtained full depth. Moisture Control. Generally maintain moisture of backfill material with + 2% of optimum moisture content as determined by ASTM D698. Maintain closer tolerances as needed to obtain densities required. Compaction. Maximum density (100%) based on ASTM D698 or AASHTO T99. 1. Bedding Material, including material used for over-excavation of any kind: 95o/o 2. Select Material: 95o/o 3. Backfill beneath existing or proposed pavement, roadways, sidewalks, curbs, utility lines and other improvements or within 5' horizontally of such improvements: 95o/o 4. Backfill within public or designated right-of-way: 9Oo/o or as shown on the Drawings. 5. Backfill within undeveloped, green or undesignated area: 85o/o Placing Backfill. The maximum loose lifts of backfill materialto be as follows: use smaller lifts where necessary to obtain required densities: 1. Bedding and select material: 6" (or see Section 3.03A). 2. BackfillMaterial: 24" where 95% compaction required. 48" where less than 95% compaction required. Backfilling Appurtenances. Backfilling to be done generally at the same time as adjacent pipelines. Backfilling procedure to conform to this section. use special techiques or materials as shown on drawings. Disposal of Excess Excavation. Contractor to dispose of excess excavation off- site. The Owner shall have the right to elect to have the excess excavation disposed of at a designated site within the work limits. Excavation may be wasted on-site only if approved by the Engineer. Disposal in any case shall be the sole responsibility of the Contractor. Jetting. Jetting and water inundation are generatly not permitted methods of compaction. The Engineer may allow jetting under certain field conditions. Techniques including depth of lifts, amount of water to be used, penetration of hose jet, etc., shall be at the direction of the Engineer. No jetting will be allowed on materials with a 2oo minus gradation of greater than lso/o. Contractor shall pay cost of all water used, soil classification testing and an retesting or recompaction required. No jetting shall be done prior to written D. E. F. I t 02221-7 H. A. B. C. D. I I T I I I T T T I t t I I I I T t I approval and direction of the Engineer. Maintenance of Backfill. Contractor to maintain all backfill in a satisfactory condition during the extent of the contract and warranty period. All surface deterioration determined to be the responsibility of the Contractor and all settlement shall be repaired at once by the Contractor upon notice by the Owner. All costs for repair and all liability as a result of surface deterioration or settlement shall be the responsibility of the Contractor. Clay Barrier Water Stops. Because of the presence of ground water, a clay barrier may be required to be installed full depth in trench in place of all bedding material and backfill. This barrier shall be full depth and two feet thick and installed every 500 lineal feet of trench. All such work, when not specifically called for on the Drawings, shall be done at a price to be negotiated between Owner and Contractor prior to commencement of Work. 3.OS Surface Restoration. All existing surface improvements and site conditions disturbed or damaged during construction to be restored to a condition equal to pre-construction condition. All restoration costs are considered incidental to excavation and backfill. lmprovements. Replace, repair or reconstruct all improvements as required. Work will not be accepted until restoration is accepted by Engineer and all affected property owners. lmprovements include, by example, other utilities, culverts, structures, curb and gutter, mail boxes, signs, etc. Final Grading. The Contractor is to re-establish existing final grade or finish final grades as modified and shown on the Drawings. The Contractor is to backfill to proper subgrade elevation with backfill material to allow placement of surface improvements or materials. Roadways. All roadways to be restored to original condition with material types removed. Materials and methods to conform to Section 02222, Embedment and Base Course Aggregate; Section 02612, Hot Bituminous Pavement; and Section 02614, Portland Cement Concrete Paving. Additional requirements are: 1. Minimum base course material on gravel roadways or minimum depth gravel on hard surface roadways to be 8". 2. Minimum bituminous surfacing to be 2". 3. Minimum concrete paving to be 6". Green Areas. Restore all green areas as specified on Drawings. 4.OO OUALITY CONTROL. FIELD 4.O1 Comoaction. lt should be fully understood that it will be the sole responsibility of the Contractor to achieve the specified densities for all embedment and backfill material placed. Contractor will be responsible for ensuring that correct methods are being used for the 02221-8 I T t T I t I I T t I I T I T T I T I placement and compaction of said materials. Correct backfill methods include, but are not limited to: 1. Use of proper equipment for existing soil condition encountered. 2. Moisture content of existing soils; determination if water should be added or if soil should be air dried to reduce moisture content. 3. Thickness of backfill lift. Contractor may, at his own expense, have an approved geotechnical engineer rnonitor the methods of backfill and compaction used to ensure that the desired densities are being obtained. lnspection and testing will be performed as directed by the Engineer. Testing will be conducted as a quality control check to verify the Contractor's compliance with the standards indicated in the Specifications. 4.O2 lnsoection and Testino. lnspection and testing to be performed at the direction of the Engineer. Contractor to cooperate fully with all persons engaged in testing. Contractor to excavate as required to allow testing. Contractor to backfillall test excavations in accordance with these Specifications. 4.03 Densitv Testino and Control. A. Reference Standards. Density/moisture relationships to be developed for allsoil types encountered according to ASTM D698 or AASHTO T99. B. Field Testing. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. C. Frequency of Testing. Minimum of one (1) test every 250' trench per lift or as directed by Engineer. Contractor to excavate to depths required by Engineer for testing and backfill test holes to density specified. Testing tcl be paid for by Owner. D. Retesting. ln the event of failure to meet compaction criteria, Contractor shall re-excavate and re-backfill at direction of Engineer. All retesting to be paid for by Contractor and to be performed by soils testing firm approved by the Engineer. 4.O4 Pavrnent for Testino. Owner responsible for all costs of initial testing of backfill. Contractor to pay all costs of any retesting required. End of Section 02221-9 t I I I I t t I t T I I I I I I I t t sEcTloN 02222 EMBEDMENT AND BASE COURSE AGGREGATE 1.OO GENERAL 1.01 Scooe. This work shall consist of furnishing and placing one or more courses of "ggr"g"t" * the prepared surface in accordance with these Specifications in reasonably close "6itoi.ity with the lines, grades and typical cross sections shown on the drawings or established by the Engineer in the field. 1.OZ Related Work Soecified Elsewhere. Section O22O1 - Excavation and Backfill for Structures Section 02221 - Trenching, Backfilling and Compaction Section 02555 - Water Transmission and Distribution Lines Section 02612 - Hot Bituminous Pavement 1.03 Submittals. A. Aggregates. Certified statement from independent testing laboratory, acceptable to Engineer, of material compliance. 2.OO MATERIALS Aggregate used for pipeline bedding, base course and subbase course and specified by Class in-o1her sections of this Specification shall conform to the gradation schedule shown below. CLASSIFICATION TABLE FOR AGGREGATE BASE COURSE* Percentaoe bv Weioht Passino Souare Mesh Sieves Sieve Designation 4 inch 3 inch 2% inch 2 inch 1% inch 1 inch 3/4 inch No. 4 No. 8 No. 2O0 LL not greater than 35 Class I Class 2 Class 3 100 95-100 100 ='oo :: : 30-65 i-iu 3:;; zo ,.'. LL not greater than 30 Class 4 Class 5 Class 6 Class 7 1;; 90-1 00 s0-90 35-50 3-12 1;*- 95-100 100 100 30-70 30-65 25-65 20-85 3-1 s 3-12 5-1 5 .Reproduced from Colorado Department of Highways Standard Specifications for Road and Bridge Construction. 02222-1 I t T T I I T I I I T I I I I T t T I 3.OO METHODS AND PROCEDURES 3.01 Placino. The base course materialshall be placed on the previously prepared subgrade at the locations and in the proper quantities to conf orm to the typical cross sections as shown on the Drawings and as directed by the Engineer. Placing and spreading shall be done by means of spreader machine, moving vehicle, motor grader or other approved equipment methods. The material shall be placed without segregation. Any segregated areas shall be removed and replaced with uniformly graded material at the Contractor's expense. The base material may be placed in lifts of up to 6 inches, providing that after compaction, uniform density is obtained throughout the entire depth of the lift. lf the required depth exceeds 6 inches, it shall be placed in two or more lifts of approximately equal thicknesses. lf uniform density cannot be obtained by 6 inch lifts, the maximum lift shall not exceed 4 inches in final thickness. 3.02 QsEroactino. Rolling will be continuous until the base material has been compacted to not less than 95o/o of maximum density as determined by ASTM D698 or AA,SHTO T99. Water shall be uniformly applied as necessary during compaction to obtain optimum rnoisture content and to aid in consolidation. The surface of each layer shall be maintained during the compaction operations in such a manner that a uniform texture is produced and the aggregatesi are firmly keyed. The finisherd base course surface shall be smooth and free of ruts and irregularities and true to grade and crown as shown on the plans or as directed by the Engineer. The final surface snitt Ue finished with a surface smoothness tolerance of 1/r inch, measured as vertical ordinate from the lrace to a ten-foot straight edge. The base course shall be maintained in this condition try watering, drying, rolling or blading as necessarY, ot as the Engineer may direct, until the surface material is placed. 4.OO OUALITY CONTROL - FIELD 4.O1 .lns.pection and Testino. lnspection and testing to be performed at the direction of the Engineer. Contractor to cooperate fully with all persons engaged in testing. Contractor to excavate ers required to allow testing; Contractor to backfill all test excavations in accordance to these Specifications. 4.O2 Derrsitv Testino and Control. A. Reference Standards. Density/moisture relationships to be developed for all soil types encountered according to ASTM D698 or ASSHTO T99. B. Field Testing. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. C. Frequency of Testing. Conduct a minimum of one test for each layer of specified depth of fill or backfill as follows: Foundations: For each 100 lineal feet or less of trench. Slabs on Grade: For each 2,000 square feet or less of building area. 02222-2 I T T I I I Pavement and Walks: For each 2,000 square feet or less' All Other Areas: For each 5,000 square feet or less. utility Trenches: For each 250 lineal feet or less of trench. 4.03 Pavment for Testino. Owner is responsible for all costs of initial testing of backfill. Contractor to pay for all costs of any retesting required. End of Section I I I T I T t I t t I I I 02222-3 I I sEcrtoN ozzss T DUST SUPPRESSION - 1.OO GENERAL I 1.01 Scooe. Work under is Section shall include furnishing all materials, labor, equipment I anO miiiellaneous items necessary to provide dust control over the entire project site. I 1.oz Related work Soecified Elsewhere. I Al Division 2 Sections 1.03 Submittals. I A. Chemical Products. Descriptive literature defining chemical constituents. I 2.oo MATERIALS 2.O1 Maonesium Chloride. I Constituents Percentaoe bv Weiqht I Magnesium Chloride Approxima telv 28%€6% Sulphate 2.5% I t*?,t';:''-' sodium' calcium Less than 1% 3.OO METHODS AND PROCEDURES I 3.01 Dust Control. Dust control to be considered an integral part of the Work. Control shall be provided from the start of construction until the Work is complete. Fugitive dust as a I result of construction shall be controlled at all times. 3.OZ Waterino. For road construction, the Contractor shall have a water truck on site at all ;| times for dust control. Wetting shall be done at the direction of the Engineer as required until - I the final wearing surface is completed. I For utility construction, dust control may be accomplished by water truck or spray system I from an on-site water system if approved. Contractor shall be prepared to provide dust control until the final surface is completed. I The Contractor shall provide a water meter for metering any water taken from the municipal I water system whether from fire hydrants or private taps. t 3.03 Chemical Control. Where required by the Engineer, dust control shall be provided byrtne,,"IiEffichloridechemicalspraytoth;roadsurface. t o2255-1 t I t I T I After the surface has been prepared, the road shall be pre-wet to a very damp condition. The product shall be applied using a watering truck with spray applicator, providing an even distribution across the surface. Application rate shall be 113 - 1/2 gallon per square yard. The surface shall be re-sprayed until complete coverage is attained. End of Section I t I I T I I o2255-2 I T t 1.oo GENERAL sEcTloN 02271 RIPRAP I 1.01 Descriotion. A. Work shall consist of furnishing and placing of riprap according to the location I shown on the Drawings. B. Work shall conform to the relevant provisions of Section 506 "Biprap" of the I :l",il;if;3:3lJr::T ffi,1;:i,it1.i:'"??ffi?$'J:lsli ?1111,i"i#:I,'li modified. I z.oo PRoDUcrsI 2.O1 RipraP I A. Riprap shall consist of hard, dense rough fractured rock as nearly cubical as possible. Thin slab, flaking rock and sandstone shall not be used. The rock I shall have a minimum specific gravity of 2.25. Removed concrete may not be I substituted for rock. r 3.OO CONSTRUCTION METHODSI 3.O1 Slooe Preoaration. Areas on which the riprap is to be placed will be trimmed and r dressed to conform to cross sections shown on the Drawings within an allowable tolerance I of plus or minus two inches (2") from the theoretical slope lines and grades. Where such areas are below the allowable minus tolerance limit, they shall be brought to grade by filling I with material similar to the adjacent material and well compacted with no additional I compensation to be allowed to the Contractor for any extra materials thus required. - 3.02 Filter Cloth. Not Required. I 3.03 Beddino Blanket. To be six inches (6") thick placed on top of prepared slope and under I riprap where called for on Drawings. Sieve Measure n:"1Y;3S S[x'J:' I 3;.' ,o 133 fl4 0-20 I #2oo o- 3 3.04 Riorao Placement. Stone for riprap will be placed on the prepared slope in such manner I as to produce a reasonably well-graded mass of rock with the minimum practicable percentage I of voids, and will be constructed within tolerances specified herein and to the slopes, lines and grades shown on the Drawings or as otherwise approved by the Engineer in the field. T I 02271-1 I I A tolerance of plus or minus three inches (3') from the slope lines and grades shown on the Drawings shall be allowed in the finished surface of the riprap. t Riprap will be placed to its full course thickness in one operation. The placing shall progress upwards on the slopes. The riprap will be carefully placed on the prepared slope in such a f manner that adjacent stones are in close contact and, in genera, have their greatest t dimensions across the perpendicular to the slope. Through stones will be well distributed throughout the mass. I As used herein, a through stone is defined as a stone whose dimension as normal to the surface being riprapped is not less than the full depth of the riprap. The finished riprap will I be free from objectionable pockets of small stone clusters of larger stones. Placing riprap in ! layers will not be permitted. End of Section T I I I I I I I t T I I t 02271-2 I T I T T IT lr lr lr lr lr lr lr lr lr lr lr l: sEcTloN 02s55 WATER TRANSMISSION AND DISTRIBUTION LINES 1.OO GENERAL 1.01 Scooe. Work under this Section shall include furnishing allmaterials, labor, equipment and miscellaneous items necessary to install, disinfect, and test all raw water and potable water transmission and distribution pipelines and appurtenances as specified herein and shown on the Drawings. 1.O2 Related Work Soecified Elsewhere. Section 02221 - Trenching, Backfilling and Compaction Section 02222 - Embedment and Base Course Aggregate Section 02612 - Hot Bituminous Pavement 1.03 Submittals. Product data including catalog sheets and descriptive literature shall be submitted for all materials and equipment specified. Submittal shall state manufacturer's compliance with all published standards referenced herein' 1.O4 Protection of Work. All pipe fittings, valves and equipment shall be carefully handled, stored and protected in such a manner as to prevent damage to materials and protective coatings and linings. At no time shall such materials be dropped or dumped into trench' Precaution shall be taken to prevent foreign matter from entering the pipe, fittings and valves prior to and during installation. Place no debris, tools, clothing or other materials in the pipe during installation. At such time as pipe installation is suspended, either temporarily or overnight, the open end of the pipe shall be sealed with a watertight plug to prevent entrance of trench water, debris or foreign matter. Under no circumstances shall trench water be allowed to enter the pipeline. When water is present in the trench, the seal shall remain in place until such time as the trench is pumped dry. Whenever trench water becomes evident, adequate measures shall be taken to prevent pipe floatation. lf, in the opinion of the Engineer, the Contractor is incapable of keeping the pipe free of foreign matter during installation, the Engineer shall require the Contractor to cover the pipe ends with close woven bags until the start of the joining operation. 2.OO MATERIALS This item covers the types of materials that will be required for the construction and installation of water lines. All materials used shall be new, of the best quality available, and conf orm with applicable standards as indicated herein. TNOTE: Localjurisdiction specifications (i.e., municipality, district, etc.), will govern when two or more alternatives are given in these 02555-1 T I t T T I I I I t t I T I I ! I T I specifications, or where there is a jurisdiction specif ications. 2.01 Ductile lron Pioe and Fittinqs. discrepancy between these specifications and local A. Ductile lron PiPe. Reference Standard - ANSI 21.l1/AWWA C151-86 Thickness Class - 52 Pipe loints shall be push on joints, except where specifically shown or detailed otherwise. B. Fittings 1. Type - All fittings shall be mechanical joint, except where specifically shown or detailed otherwise. Z. Reference Standard - ANSI/AWWA C153 for flanged, mechanical ioint "comPact" and Push-on joints. 3. Material - Ductile iron 4. Pressure Rating - 350 Psi C. Joints 1 . Mechanical, Reference Standard - ANSI A. 21.1 1 /AWWA C1'11-72 2. Push-on, Reference standard - ANsl A 21 .1 1/AWWA C111-72 3. Flanged, Reference Standard - ANSI B 16'1, Class 125 D. Gaskets 1. Type - Rubber-ring gasket shall be suitable for the specified pipe sizes and pressure. 2. Reference Standard - AWWA C-111 3. Lubricant - A non-toxic vegetable soap lubricant shall be supplied with the PiPe. E. Protective Coating 1. Underground Service - Manufacturer's standard bituminous coating - minimum 1 mil thickness. Z. polyethylene Film Envelope - Polyethylene encasement shall conform to AWWA C-lOS-88 or ANSI A.21 .5. Film shall be Class C with a nominal thickness of 8 mils. Tape for securing the film shall have a minimum thickness of 8 mils and a minimum width of 1 inch. The polyethylene film shall be free of streaks, pinholes, tears or blisters' F. Protective Lining 1. Type - Cement mortar 2. Reference Standard - ANSI A 21.4lAWWA C104.85 3. Thickness - Standard 1. 2. 3. o2555-2 1. 2. 3. 4. A. I I I I t I I I I T I I I t t T t I I 2.O2 Polvvinvl Chloride (PVC) Pioe and Fittinos. A. PVC Pipe Fittings Joints 2.O3 Fire Hvdrants. 1. Materials - ASTM D17 84, Type 1 , Grade 1 , PVC 1 120, 2OO0 psi design stress. Reference Standard - AWWA C-900. Class - 200 (DR-14), all sizes. MarkingS - Manufacturer'S name,nominal size, claSs pressure rating, PVC 1 120, NSF logo, identification code. Specialties - Electric tracing wire, 14 gauge solid copper insulated wire. Size - Shall conform to outside diameter of DlP. Type - All fittings shall be mechanical joint except where specifically shown or detailed otherwise. Reference Standard - ANSI/AWWA C-l 1O1A.21.1O. Pressure Rating - 250 psi. Gasket Reference Standard - AWWA C-1 1 1. 2. 3. 4. 1. 2. Dry 1. 2. 3. 4. 5. 6. 2.O4 Valves. A. Gate Valves Push-on rubber gasket. Gasket Reference Standard - AWWA C-111. Barrel Type Reference Standard - AWWA CsO2-80. Outlet Size - one 4 ll2inch, two 2 1/2 inch. Hydrant Size - 5 1/4 inch. lnletSize-6inch. Operation - 1 %-inch pentagonal national standard operating nut, open counter clockwise. Special Features - outlet hydrant shall open when turned to the left (counter clockwise). Depth of Bury - As shown on Drawings. Additional Requirements - Furnish hydrant complete with pipe and tee, 6 inch (6") restrained mechanical ioint gate valve and thrust blocks. Hydrant shall be restrain-to the hydrant tee by 3/4 inch threaded rods protected from corrosion by the use of an approved bituminous coating. Traffic Model with break-away bolts and coupling. Manufacturers Reference - Kennedy K81-A Guardian, Mueller Centurion, or approved equal. 02555-3 I I T t T I T I I T T T T I T I T I t 1.Double Disk Size as shown on Drawings. Reference Standard - AWWA C500-86. Style - lron body, bronze-mounted, non-rising stem, double disk, parallel seat, NRS valves with O-ring seals. Rotation - Open, left or counterclockwise. Pressure rating - 200 psi. Operator - 2" square nut. Manufacturer's Reference - Dresser, Kennedy Ends - MJ unless specified on Drawings. Resilient a. Size as shown on Drawings. b. Reference Standard - AWWA C5O0-86. c. style - lron body, bronze stem resilient seat gate valves, lubrica- tion free, unobstructed through port to minimize head loss, entire body encapsulated inside and out with epoxy coating. Pressure Rating - 200 psi. Wrench Nut - 2 inch square. Manufacturer's Reference - Dresser M&H RSGV. B.Combination Air Release Valve. Size - 1" Orifice, or aS recommended by manufacturer lor correct application. lnlet - 1" Pipe Thread Materials Body - Cast lron Float - Stainless Steel Seat - Buna-N Lever Frame - Delsrin Pressure Rating - 200 psi Manufacturer's Reference - APCO Performance - Permits efficient filling or draining of long pipelines, for protection against vacuum, and will continuously vent pockets of air as they accumulate in pipeline. 2.05 Valve Boxes. A.Screw Type - Three Piece 2. d. e. f. 1. z. 3. 4. 5. 6. 1. 2. 3. 4. 5. Material - Cast lron Size - 57r-inch diameter Type - Three piece adjustable screw type Cover - Deep socket type with the work "water" cast in the top Base - #160 type with 20.5" bottom opening 025554 t I 2.oo Mechanical couolinos. I 1. Style - Mechanical compression sleeve.r 2' m:t3::lJ:hJ:t:::1,T. - Dresser stvre 38' smith Brair rvpe 41 1' I 2.o7 water Service & Tao Comoonents. I A. Corporation Stops 1. Material - Brass or bronze t 3 ;:"'.;ff"'3ffiH: ?ffifiTc8oo-ss 4. Thread inlet - Tapered (CC) Type I 3: I,i}Ixi",:fflll,;???3."J^i:'vfi:,Ji#i..'fSl3il"'"looH"oo'on I B ::""-ti;:"":,"ndard -AWWA 7s-cR rype K 2. Size - As shown on Drawings. t c. curb Box I 1. Material - Cast iron box, complete with lid and red brass screw.r z IIi""',y:?";?i:33:.ilff,il,::??Jl#fl,ion prefe,ence I D. curb Stop t I $xl"Ji:l ;:i::H'ix::::v' resirient o-rins sear' standard tee-head 2. Size - As shown on Drawings. I '- 5l'fi:rffJi'i:lilI;:"'..l1JJil:lJ"#'"'"':1il" 5. Manufacturer's Reference - Mueller Oriseal lll, Ford 822-333, McDonald t 6100. E. Service Clamps I 1. For use with Ductile lron Pipe: A. Materials - Bronze service clamp, O-ring gasket, double strap, I B. ffi:lrfftailr'. ^"r",rnce - Mueller Hl6 series, Smith Blair 323, or equal. I 2. For use with PVC Pipe: I I o2sss's T I T T I T t I t T T I t T T T I T I A. Materials - Bronze service clamp, O-ring gasket, two section of three section clamp, (CC) threads. 2.OB Concrete for Thrust Blocks and Encasino of Pioe. Concrete for thrust blocks and for encasing the water pipe line shall have a 28-day compressive strength of not less than 3000 psi. 2.Og Tracer Wire. No. 1 5 or larger, insulated, stranded copper. All splices to be watertight, underground type, (Tracer wire ig required for ductile iron pipe). 3.OO METHODS AND PROCEDURES 3.01 Cleanino and lnsoection. Clean allpipe, fittings, valves and related materialthoroughly of all foreign material and inspect for cracks, flaws or other defects prior to installation. Mark all defective, damaged or unsound materials with bright marking crayon or paint and remove from jobsite. The Contractor shall take all necessary precautions to prevent any construction debris from entering the water lines during construction of water lines and appurtenances. lf this debris should enter the distribution system, the Contractor shall furnish all labor and material necessary to clean the system. Under no circumstances will the Contractor flush the debris into an existing distribution system. 3.O2 Verification. Verify dimensions and class of all existing and proposed pipe, valves, fittings and equiprnent prior to installation to ensure the piping system will fit together properly. 3.03 Pioe Embedment. A. Placing Embedment Material - Refer to Section 02221 for placement methods. B. Embedment Classes - Referto Section 02222 for embedment materials as listed below. Use Class 6 aggregate 4" below pipe and 12" above pipe for all pipe materials. Contractor shall compact trench bottom before placing bedding and shall compact bedding. 3.04 Pioelnstallation. A. Methodology - Pipe shall be laid in straight section with bell ends facing the direction of laying unless otherwise directed by the Engineer. Where pipe is laid on a grade of ten percent (10%) or greater, the installation shall proceed uphill with the bell ends facing upgrade. The pipeline shall be installed so that a continuous positive or negative grade is rnaintained between high and low points to avoid air pockets. Jointing of the pipe shall be made in accordance with the directions of the manufacturer of the pipe and the manufacturer of the coupling. The pipe shall be brought to correct line and grade, and secured in place with the specified bedding material as directed in Section 02221. 02555-6 B. c. D. E. I I T I T I I I T I I I I I t T I t I Pipeline Depth - as indicated on Drawings, or as per locallurisdiction but always below frost level. Depth shall be based on depth below finished grade of a project and not existing grade. Concrete Encasement - lnstall concrete encasement where indicated on the drawings or as required by other sections of this Specification. Concrete shall have a three thousand (3000) psi compressive strength. Reinforcing shall consist of four (4) evenly spaced longitudinal No. 4 rebars. lnstallation of Ductile lron Pipelines. 1. Pipe Handling. Pipe should be lowered into the trench with rrcpes, slings or machinery. Under no circumstances should the pipe be pushed off the bank and allowed to fall into the trench. 2. Pipe Laying. Pipe shall be laid in straight sections, in an uphill direction, with bell ends facing in the direction of laying, unless directed otherwise by the Engineer. 3. Jointing of Push-on Joints. ln joining the pipe, the exterior four inches of the pipe at the spigot end and the inside of the adjoining bell shall be thoroughly cleaned to remove oil, grit, tar (other than standard coating) and other foreign matter. The gasket shall be placed in the bell with the large round side of the gasket pointing inside the pipe so it will spring into its proper position inside the pipe bell. A thick film of the pipe manufacturer's joint lubricant shall be applied to the gasket over its entire surface. The spigot end of the pipe shall then be wiped clean and inserted into the bell to contact the gasket. The pipe shall be forced all the way into the bell by crowbar or by jack and choker slings. 4. Pipe Cutting. The cutting of pipe for fittings or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or lining and so as to leave a smooth end at right angles to the axis of the pipe. The flame cutting of pipe by means of an oxyacetylene torch will not be allowed. 5. Polyethylene Film Envelope. Encase main and fittings using procedures recommended by manufacturer. Specialcare shall be used at all overlap joints. lnstallation of Polyvinyl Chloride (PVC) Pipe. 1. Pipe Handling. Pipe should be carefully lowered into the trench to avoid pipe falling into trench. 2. Pipe Laying. Pipe shall be laid in straight sections with bell ends facing the direction of laying. When pipe laying is not in progress, the open end of the pipe shall be closed by a water-tight plug. 02555-7 I T t I T I t T T I T I I I t T I I I I T T I I I I t t I T T T t t t I T I 3. Jointing the Pipe. The outside of the spigot and the inside of the bell shall be thoroughly wiped clean. Set the rubber ring in the bell with the marked edge facing toward the end of the bell. Lubricate the spigot end using a thin film of the manufacturer-supplied lubricant. Push the pipe spigot into the bell. Position the completed joint so that the mark on the pipe end is in line with the end of the bell. 4. Pipe Cutting. The cutting of pipe for fitting or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe and so as to leave a smooth end at right angles to the axis of the pipe. Bevel the end of the pipe with a bevelling tool after the pipe is cut. Place a clearly visible position mark at the correct distance from the end of the field-cut pipe. 3.05 lnstallation of Pioeline Apourtenances. A. General. lnstallallvalves, meters, manholes, and other equipment appurtenant to pipeline at the locations indicated on the drawings or as otherwise designated by the Engineer to accommodate field conditions. Record "as-built" measurements prior to backfill referencing all appurtenant equipment to the nearest permanent surface improvement. B. lnstallation of Valves. lnstall valves in the pipeline in the same manner specified for laying and jointing the pipe and in accordance with details included in Drawings. C. Valve Boxes. Except where specified otherwise, install valve boxes on all buried valves. lnstall boxes such that no stress is transmitted to the valve. Set boxes plumb and directly over the valve with the top of the box placed flush with the finished grade. Backfill and thoroughly compact around each box. Provide extended stems on valves where required such that the operating nut is not lower than seven feet (7') below finished grade. D. Fire Hydrants. lnstall hydrants in accordance with the standard details on the drawings. All tie rods and appurtenances to be completely covered with a bitumastic coating prior to backfill. Hydrant to be set plumb and true to grade. Contractor to bag or cover the fire hydrant that is not in operation. E. Reaction Anchor and Blocking. Concrete thrust blocks shall be provided, as shown in the details included with the Drawings for all tees, elbows, plugs, reducers, valves, fire hydrants and crosses if one or more sides of the cross is plugged. The bearing area of the block shall be at least equal to that stated on the Drawings. The bearing surface shall be against undisturbed earth. The block shall be placed normal to the thrust as shown on the drawings. Concrete for thrust blocks shall have three thousand (3000) psi compressive strength. Contractor will be required to use either plywood forms or plastic to protect the nuts and bolts on the fittings when the concrete reaction block is placed. 02555-8 I I I I T I I I I I I T I I T t I I I Contractor to also use star clamps or wood blocking as a method of temporary restraint to secure fittings while concrete reaction blocks set up. (Note: Temporary restraint to be used f or those cases where a tie-in is being made and the water needs to be turned back on as soon as possible). 3.O6 Connection to Existino Water Facilities. Allmain line connections between existing and proposed piping shall be made during non-business hours or at a time which is acceptable to the Owner. All shut-offs shall be planned 24 hours in advance and all persons affected by the shut-off shall be given a 24-hour notice in the local newspaper and/or local radio at the contractor's expense. 1n addition, the contractor shall personally warn those affected t hour before the water is shut off. The tie-ins between existing and proposed mains shall be made so that both the proposed main and existing main are in service at the same time. Only after both mains are in service can the individual proposed service lines tie into the existing service line on the building side of the curb valve. The affected property shall be given a minimum of t hour notice before the water is shut off . The new line must have passed the pressure testing and bacteriological test prior to connecting the services to the proposed water line. Remove existing curb boxes and locate new curb boxes on property line whenever possible. Contractor is to provide all necessary fittings needed to reconnect service line on property side of curb box. Take all precautions to prevent contamination when making connections to existing potable water lines. No trench water, mud or other contaminating substances shall be permitted to enter the pipeline. Swab the interior of all new pipe, fittings and valves installed in the existing pipeline with a 5 percent (5O,OOO ppm) chlorine solution prior to installation. After the connection is completed, flush the main to remove all contaminated water. 3.07 Protection of Water Suoolies. Water lines shall be located a minimum of ten feet (10') horizontally from existing or proposed sewer mains. Wherever the sewer line crosses above or within eighteen inches (18") beneath the water mains, the sewer line shall be made impervious by the method listed below: 1. For twenty feet centered over the waterline. ln all cases, select granular backfill shall be used to prevent any settling of the higher pipe. 3.08 Service Connections. Customer service connections shall be installed in accordance with the details set forth on the Drawings. Terminate the service with a curb stop and box and mark with a stake except where shown otherwise on the Drawings. 3.09 Tracer Wire. Tape electricaltracing wire to the top of the pipe at 2O-foot intervals to prevent dislocation of the wire during backfilling. Extend wire to ground surface at all valves, fire hydrants, and other locations shown on Drawings. The tracing wire shal! be brought up on the outside of the valve box. When the wire is within 4" of the top of the lid, the wire shall be brought back inside the box and securely fastened. Provide sufficient slack in the 02555-9 I I I t t I I I T I T T I I I t I I T wire outside of the box to compensate for any future adjustment to the valve box. Required on all water mains. 4.OO FIELD QUALITY CONTBOL 4.01 Hvdrostatic Tests. Make pressure and leakage tests on all newly laid pipe. Furnish all necessary equipment and material, make all taps in the pipe as required, and conduct the tests. The tests shall be conducted between valved sections of the pipeline, or as approved by the Engineer. The Engineer will monitor the tests. Furnish the following equipment and material for the tests: Amount 2 2 1 1 Descriotion Approved graduated containers Pressure gauges Hydraulic force pump approved by the Engineer Additional 1/2 inch pressure tap for Engineer's test gauge Suitable hose and suction pipe as required Conduct the tests after the trench has been partially backfilled with the joints left exposed for inspection, or when completely backfilled, as permitted by the Engineer. Where any section of pipe is provided with concrete reaction blocking, do not make the pressure test until at leastfive (5) days have elapsed after the concrete thrust blocking is installed. lf high-early cement is used for the concrete thrust blocking, the time may be cut to two (2) days. Conduct pressure test in the following manner, unless otherwise approved by the Engineer: after the trench has been backfilled or partially backfilled as hereinbefore specified, fill the pipe with water, expelling all air during the filling. The test pressure shall be 1% times normal working pressure at the point of lowest elevation of the test gauge. A. Duration 1. The duration of each pressure test shall be two (2) hours, unless otherwise directed by the Engineer. B. Procedure 1. Slowly fill the pipe with water and allow to stand tor 24 hours. Expel all air from the pipe. Allow and maintain the specified test pressure by continuous pumping if necessary for the entire test period. The test pressure shall be calculated for the point of lowest elevation, or as specified by the Engineer. The pump suction shall be in a barrel or similar device, or metered so that the amount of water required to maintain the test pressure may be measured accurately. 2. Before the line is pressurized, the Engineer shall verify that all necessary main line valves are open or closed with regard to the section of line 02555-10 I T I T I I being tested. ln addition, the Engineer shall verify that all hydrant valves are open. C. Leakage 1. Leakage shall be defined as the quantity of water necessary to hold the specifi-ed test pressure for the duration of the test period. No pipe installation will be accepted if the leakage is greater than the number of gallons per hour as determined by the following forrnula: , _ xD/E"-77- I ln the above formula: l- = Allowable leakage, in gallons per hour [rl = Number of joints in the length of pipe tested I p = Nominal diameter of pipe, in inchesI p = Average test pressure during the leakage test, in pounds per square inch gauge. I D' Iffi,s::",""Tf;"':::lig":',N:'iif$:',"^""'ffi"?:lllJ:[?[,'H"s:JT:,",H:,:: and curb stop shall be visually inspected under full test pressure and any leaks I fixed. E. Correction of Excessive Leakage I f i"::iy;# ffiH'|;3"r':i:"';i:'::i"i"."[?ni,3l"i',",1'?f,:'ll3[i,l'3i?'; subsequent test is within the specified allowance. I s.oo DrsrNFECTloN oF porABLE *ATERLINES r 5.01 General. Flush and disinfect potable waterlines in accordance with the procedure set t fortn inilwwA c6o1-68 Disinfecting water Mains. - Provide all temporary blow-offs, pumps, chlorination equipment, chlorine and al! other I necessary apparatus required. 5.02 Pioe Cleaninq. lf the pipe contains dirt or heavy encrusted matter that, in the opinion I of the Engineer, wili not be removed during the flushing operation, the Contractor shall clean t and swa6 the interior of the pipe with a five percent (50,000 ppm) chlorine solution. I A' il:l'fl'l'g 5!:'X',1i ,5H:l"o'5,?"r-'":"f#"1::iffi'fr",3fil,lnifl"'^fiJi^iiTI operation shall develop a minimum velocity of 2.5 ft./sec. I 5.03 Chlorine Aoolication. ln general, chlorine shall be applied using the continuous feed I method. However, on large diameter lines where this would not be practical, the slug method' may be used. The tablet method may be used on short extensions (up to 2500 feet) of small diameter mains (12 inches and smaller).III I o2ss5-11 I I t t T T I I T A. Continuous Feed Method. lntroduce water into the line at a constant rate while adding chlorine at a minimum concentration of 5O mg/1. Maintain the chloriiated water in the pipeline for a minimum of 24 hours after which period the treated water shall contain no less than 25 mgfl of chlorine throughout the entire length. Repeat the above procedure if the residual at the end of 24 hours fails to meet the minimum concentration. B. Slug Method. lntroduce water with a minimum chlorine concentration of 300 mgii at a constant measured rate into the pipeline. Apply column or slug of chlorinated water that will, as it passes along the line, expose all interior surfaces f or a period of three hours. Check the application at the upstream end of the line. C. Tablet Method. This method shall not be used if trench water or foreign material has entered the line or if the water is below soC (41 oF). Because preliminary flushing cannot be used, this method shall only be used when scrupulous cleanliness has been exercised. Place tablets in each section of pipe in sufficient number to produce a dose of 50 mg/I. Refer to Table 3 of AWWA C601 for the required minimum number of tablets. Atl tablets within the main must be attached at the top of the pipe. lntroduce water into the pipeline at a rate no greater than 1 ft./sec. and retain the water in the pipeline for a period of 24 hours. 5.04 Final Flushino. After the required retention period, flush all heavily chlorinated water from the main until the chlorine concentration is no higher than that prevailing in the system, or less than 1 mg/1. 5.O5 Bacteriolooic Tests. After completion of the final flushing and prior to placing the pipeline in service, collect samples from the end of the line and test for bacteriologic quality to show the absence of coliform organisms. The number and frequency of samples shall conform to the requirernents of the Public Health Authority having jurisdiction, but in no case shall the number be less than one for chlorinated supplies. Collect samples in sterile bottles from a standard corporation stop furnished and installed by the Contractor in the main. Do not collect samples using a hose or fire hydrant. 5.06 Reoetition of Procedure. lf the original disinfection fails to produce satisfactory samples, repeat the disinfection procedure until satisfactory results are obtained. End of Section I I t T I T t T T T 02ss5,12 I I I sEcfloN 09900 PAINT!NG t 1.oo GENERAL I 1.01 Scooe of Work. Work under this Section shall include all labor, parts, materials andI "qrip.elt ne"essary to furnish and install all painting and finish systems as specified herein and shown on the Drawings. I 1.o2 Related work Soecified Elsewhere. I Section 03300 - Cast-ln-Place Concreter :::lff ?3133:ff"Jil1"'."Yi103il;,,,", I 1.03 Reference Standards. SSPC - Steel Structures Painting Council Specifications. I 1.04 Submittals. A. Product Data. Complete listing of all materials to be used including generic I l]3f;;,.i,,,?lJl"t preparation requirements and recommended application I 1 0s,.,,.",:H.,"::::;,:i;.:,,::::;',:,:. ;;,,:'::H",,lI and labeled containers of the paint manufacturer. Labels and directions shall be legible. I ',.0U Storaoe of Material. Store materials in dry location, designated by Engineer, kept within temperature limits set by manufacturer. I z.oo MATER,ALS I For clarity and to establish level of quality, all materials specified herein are manufactured by I the Tnemec Company, lnc. North Kansas City, Missouri (P.C. Schmit Company, Golden Colorado 278-O7181. I Equivalent materials of other manufacturers may be substituted on approval by the Engineer. Requests for substitution shatl include manufacturer's literature for each product giving the I name, generic type descriptive information, solids by volume and recommended dry film I thickness. No request for substitution shall be considered that would decrease film thickness and/or number of coats or offers a change in the generic type of coating specified. I Manufacturer shall be prepared to list at least five (5) projects where each product has been I used in similar applications and climatic conditions. Any substitutions shall be at the sole discretion of the Engineer. T T 09900-1 I I T T T I T T I I I T T I I T T I t 2.O1 Steel Surfaces. Exterior. Non-lmmersion. Exceot Galvanized and Stainless Steel. System No.2-7 Alkyd Gloss Surface Preparation: SSPC-SP6 Commercial Blast Cleaning Color:To be selected by Owner 2.O2 Steel Surfaces. lnterior. Non-lmmersion. Exceot Galvanized and Stainless Steel. System No.2-7 Alkvd Gloss Surface Preparation: SSPC-SP6 Commercial Blast Cleaning First Coat: Second Coat: First Coat: Second Coat: First Coat: Second Coat: 37-77 Chem-Prime 24 Tneme-Gloss (Hi-Build) 37-77 Chem-Prime 24 Tneme-Gloss (Hi-Build) 46 Tneme-Tar 46 Tneme-Tar 2.0 - 3.5 mils 2.5 - 4.0 mils 4.5 - 7.5 mils 2.0 - 3.5 mils 2.5 - 4.0 mils 4.5 - 7.5 mils Color:To be selected by Owner NOTE: Surfaces to include motors, equipment, other metal pipe, etc. 2.O3 Steel Surfaces. lmmersion. Exceot Galvanized and Stainless Steel. System No.46-413 Tneme-Tar Surface Preparation: SSPC-SP1 O Near-White Blast Cleaning Alternate: 46H (Hi-Build) Tneme-Tar, Color: Black 2.O4 Concrete Surfaces. Not Required. System No. 47-461 Foundation Coating 9.0 - 1O.O mils 9.0 - 10.0 mils 18.0 - 20.0 mils one coat 14.0 - 20.0 mils 09900-2 I I t T I I I I T T t I t t t I T T T Surface Preparation: Surface to be clean and dry First Coat: 47-461 Foundation Coating 8.0 mils Second Coat: 47-461 Foundation Coating 5.5 mils 13.5 mils Color:Black 2.O5 Porous Masonrv. Exterior. System No. Surface Preparation: First Coat: Second Coat: Color: 2.06 Porous Masonrv. lnterior. System No. Surface Preparation: First Coat: Second Coat: Third Coat: Color: Second Coat: Third Coat: Color: 52-2 Modified Epoxy Surface to be clean and drY 52 Tneme-Crete 52 Tneme-Crete To be selected by Owner 66-8 Epoxy-Polyamide Surface to be clean and drY 54-561 Modified Epoxy Masonry Filler 66 (Hi-Build) Epoxoline 66 (Hi-Build) Epoxoline To be selected by Owner 60 - 80 sf/gal 4.0 - 6.0 mils 4.0 - 6.0 mils 60 - 80 sf/gal 8.0 - 10.0 mils 1.0 - 2.0 mils 3.0 - 5.0 mils 4.0 - 6.0 mils 8.0 - 13.0 mils 2.O7 Wallboard and lnterior and Exterior Wood. System No. 66-12 (Hi-Build) Epoxoline Surface Preparation: Surface to be clean and dry First Coat: PVA Sealer 66 (Hi-Build) Epoxoline 66 (Hi-Build) Epoxoline To be selected by Owner. 09900-3 I I T T I t T T I T T T t T I I t I T Color: See part 2.10 2.O9 Plastic or PVC Pioino and Coooer Pioino. System No.66-4 Epoxy-Polyamide Surface Preparation: Surface to be clean and dry 2.OB Ductile lron Pioino. System No. First Coat: Second Coat: Third Coat: First Coat: Second Coat: Finish Coat: First Coat: Second Coat: Third Coat: Fourth Coat: 66-4 (Hi-Build) Polyamide 66 (Hi-Build) Epoxoline 66 (Hi-Build) Epoxoline 66 (Hi-Build) Epoxoline 66 (Hi-Build) Epoxoline 66 (Hi-Build) Epoxoline Vinoline 33-12-1 1 Vinoline 34-12-2O Vinoline 35-2000 Vinoline 35-2OO0 6.1 mils 6.1 mils 6.1 mils 18.3 mils 4.0 - 6.O mils 4.0 - 6.0 mils 8.O - 12.0 mils 2.1O Water Treatment Plant Exterior Steel and Miscellaneous Steel Non-lmmersion Steel. Steel Preparation: Hand or power tool clean rust areas. Power wash entire exterior with TSP. Primer (entire area) Poly-Ura-Prime Series 50-330 Thickness: 3-5 mils (dry) Finish Coat: Series 73 urethane Thickness: 3-5 mils (dry) 2.11 Water Treatment Plant lnterior Steel. Surface Preparation: Hand or power tool clean rusted areas only. (Coating required only on rusted areas. No coating required on non-rust areas). Series 33-34-35 Vinyl Co-Polymer 1Y, - 2 mils (dry) 1Yr-2mils(dry) 1Y, -2 mils (dry) 1% - 2 mils (dry) 09900-4 T I z.1z PVC and D.l.P.. I Surface Preparation: Power wash with TSPt First Coat: 66 (Hi-Build) Epoxoline 4.0 - 6.0 mils t second coat: 66 (Hi-Build) Epoxolin" ffffn.'* I NOTE: Check existing paint system flrst for compatibility before applying' I 2.13 pioe Markino Svstem. Required in Chlorine Room on any rigid chlorine solution or I potable waterlines. I A' *""r;l;':: s:g:'[i]'"';,#'t:,:3,fiii:*ure-sensitive tape equar to vx B. tnformation Required - Direction of flow and name of fluid.I s: H'JHffi;o;[:T,T" I Arrow Length I Pioe Diameter Legend Size or Band Size I 314" to 2" 314" 8" 2Yz" to 8" 1Y." 12" I 10" and larger 2" 18" I Fluid Pioe Color Leoend Color I i:fH,Hil'il",* SlXl *, r."0 Will: Sewase, Sludse Brown Wlil: I il,X',H;I"o"' XII *r euno white Chlorine Yellow Black Chemical Orange Black I Air Green White I 3.01 METHoDS AND PRocEDURES 3.01 Shoo Coatinos. Verify compatibility of any shop coatings with finish field coatings and ! these Specifications. Provide barrier coats as required. 3.O2 Surface Preoaration. lnspect all surfaces to be painted and perform such surface I preparation as is normally required by good painting practice and as specified herein. Should t oeeoo-s T I T I T I T t T I I I T I I I T T T any surface be found unsatisfactory to produce a proper finish, the Engineer shall be notified in writing and no materialshall be applied until the unsuitable surfaces have been made satis- factory. Surface preparation shall be approved prior to any paint application. 3.03 Material preoaration. Materials shall be mixed, thinned and applied in strict accordance with the .anrfactrrer's printed instructions. No exceptions will be allowed without written explanation frorn manufacturer and orior approval by Engineer. 3.04 Aoolication. Coatings shall be applied during good painting weather. Air and surface te.peratures shall be within limits prescribed by the manufacturer for the coating being appiied, and work areas shall be reasonably free of airborne dust at the time of application and while the coating is drying. Allow each coat to dry thoroughly before applying the next coat. Dry time shall be as recommended by manufacturer with no exceptions. All work shall be cut neatly and finish coats shall be uniform in color and texture without streaks, laps, heavy build-ups, runs, sags or missed areas. lntermediate coats shall be shaded sufficiently to allow visual inspection of adequacy of coverage. Each coat shall be approved prior to application of subsequent coats. Allow all concrete and masonry to cure 28 days prior to application of Series 52 Tneme-Crete. 3.OS Excess Materials. All paint materials, opened, but unused, shall remain the property of the Owner for use in maintenance and touch-up. 4.OO OUALITY CONTROL 4.O1 Surface Preoaration. Receive approval before paint application. 4.O2 Finish. Receive approval on all coats prior to additional coating applications. Wet mil application to be checked by gauges. End of Section 09900-6 I T T I t I I I I t I I T T I T T T T sEcIoN 099s0 DISINFECTION OF WATER STORAGE FACILITIES 1.OO GENERAL 1.01 Scooe. This standard covers the material, facility preparation, application of disinfectant to the interior surfaces of water storage facilities, and sampling and testing for the presence of coliform bacteria. All new storage facilities shall be disinfected before they are placed in service. All storage facilities taken out of service for inspection, repairing, painiing, cleaning, or other actitity which might lead to contamination of water shall be disinfected before they are returned to service. 1.O2 References. This standard references the following documents. ln the latest current edition, each forms a part of this standard where and to the extend specified herein. ln case of any conflict, the requirements of this standard shall prevail. AWWA 8300, "standard for Hypochlorites". AWWA 8301, "Standard for Liquid Chlorine". Standard Methods for the Examination of Water and Wastewater, APHA', AWWA and wPcF2." 1.03 Affidavit of Comoliance. The affidavit of compliance shall be the bacteriological test results certifying that the water held in the storage facility is free of coliform bacteria contamination. 2.OO CLEANING 2.O1 Material. All scaffolding, planks, tools, rags and any other material not part of the structural or operating facilities of the tank shall be removed. Then the surfaces of the walls, floor and operating facilities of the storage facility shall be cleaned thoroughly by use of a high pressure water jei, sweeping, scrubbing, or equally effective means. All water and dirt or ioreign material accumulated in this cleaning operation shall be discharged from the storage facility or otherwise removed. 2.02 Other Materials. Following the cleaning operation, the vent screen, overflow screen, and any other screened openings shall be checked and put in satisfactory condition to prevent birds, insects, and other possible contaminants from entering the facility. Any materialto be in the storage facility which could not feasibly be present during the cleaning, shall be placed in a clean and neat manner which will minimize the introduction of dirt or other foreign material (an example of this is the placing of a layer of limestone granules on the unpainted bottom of the storage facility to prevent corrosion). luiu Eln xru Axtir lor, $ e. N.w., wuErye D.c \vt PrUria CoA tu .r.i,oq 2626 Pr...rr\- Ar., N.W., WrEqe D.C. 2fi!? 099s0-1 t I T T T I T I I I t t I T I T T I t 3.OO FOBMS OF CHLOR]NE FOR DISINFECT]ON 3.01 Scooe. The forms of chlorine which may be used in the disinfecting operations are liquid chlorine, sodium hypochlorite solution, and calcium hypochlorite granuLes or tablets. 3.O2 Liouid Chlorine*3. Liquid chlorine contains 1OO% available chlorine, and is packaged in steelcontainers usually of 100|b., 50 lb., or 1 ton net chlorine weight. Liquid chlorine shall be used only [1] in combination with appropriate gas-flow chlorinators and electors to provide a controlled high concentration solution feed to the water to be chlorinated, [2] under the direct supervision of a person familiar with its physiological, chemical, and physical properties, and who is trained and equipped to handle any emergency that may arise, and [3] when appropriate safe practices are observed to protect working personnel and the public. 3.02 Sodium Hvoochlorite*. Sodium hypochlorite is available in liquid form in glass, rubber- lined, or plastic containers typically ranging in size from 1 qt. to 5 gal. containers of 3o-gallon or larger size may be available in some areas. Sodium hypochlorite contains approximately from 5% to 15% available chlorine by volume, but care must be used in control of conditions and length of storage to minimis its deterioration. 3.03 Calcium Hvoochloritel is available in granular form or in small tablets, and contains approximately 65% available chlorine by weight. The materialshould be stored in a cool, dry and dark environment to minimize its deterioration. 4.OO ALTERNATIVE METHODS OF CHLORINATION 4.O1 Scooe. Three methods of chlorination are given. Typically, only one method will be used for a given storage facility disinfection, but combinations of the methods may be used. The three methods are: [1] chlorination of the full storage facility such that at the end of the appropriate retention period the water will have a free chlorine residual of not less than 10 mgl,l2l spraying or painting of all storage facility water contact surfaces with a solution of 200 mgfl available chlorine, and [3] chlorination of full storage facility with water having a free chlorine residual of 2 mg/l atter 24 hours. 4.O2 Chlorination Method 1. The water storage facility shall be filled to the overflow level with potable water to which enough chlorine is added to provide a free chlorine residual in the full facility of not less than 10 mgfl at the end of the appropriate period of 6 hours or 24 hours as described in paragraph F of this section. The chlorine, either as calciurn hypochlorite, sodium hypochlorite, or liquid chlorine, shall be introduced into the water as described hereafter. A. Liquid Chlorine Use. Liquid chlorine shall be introduced into the water filling the storage facility to give a uniform chlorine concentration during the entire filling operation. Portable chlorination equipment shall be carefully operated and shall include a liquid chlorine cylinder, gas-flow chlorinator, chlorine ejector, safety equipment, and an appropriate solution tube to inject the high concentration chlorine solution into the filling water. The solution tube shall be inserted through an appropriate valve located on the inlet pipe and near the storage facility such that the chlorine solution will mix readily with the inflowing water. ! lwwA D!ot, 'sdd b Lifd ctlcb'. Au,$,A Bre. 'sdrd k ttDer-i-' 09950-2 c. D. T I t T T t t t I T I I T T I I T T I Sodium Hypochlorite Use. Sodium hypochlorite shall be applied to the water entering the storage facility by means of a chemical feed pump, or shall be applied by hand-pouring into the storage facility and allowing the inflowing water to provide the desired mixing. When a chemical feed pump is used, the concentrate chlorine solution shall be pumped through an appropriate solution tube to inject the high concentration in the filling water. The solution tube shall be inserted through an appropriate valve located on the inlet pipe and near the storage facitity, or through an appropriate valve located on the storage facility, or through an appropriate valve located on the storage facility such that the chlorine solution will mix readily with the filling water. When the sodium hypochlorite is poured into the storage facility, the filling of the storage facility shall begin immediately thereafter or as soon as and removed manhole covers can be closed. The sodium hypochlorite may be poured through the cleanout or inspection manhole in the lower course or level of the storage facility, or in the riser pipe of an elevated tank, or through the roof manhole. The sodium hypochlorite shall be poured into water in the storage facility when such water is not more than 3 feet in depth, or less than 1 foot in depth, or as close to thereto as manhole locations permit. Calcium Hypochlorite tJse. Calcium hypochlorite granules, or tablets broken or crushed to sizes not larger than 7r-inch maximum dimension, may be poured or carried into the storage facility through the cleanout or inspection manhole in the lower course or level of the storage facility, or into the riser pipe of an elevated tank, or through the roof manhole. The granules or tablet particles shall be placed in the storage facility prior to flowing water into it, and shall be so tocated that the inflowing water will assure a current of water circulating through the calcium hypochlorite and dissolving it during the filling operation. The calcium hypochlorite shall be placed only on dry surfaces unless adequate precautions are taken to provide ventilation or protective breathing equipment. Retention Period. After the storage facitity has been filled with the disinfecting water, it shall stand full as follows: tll for a period of not less than 6 hours when the water entering the storage facility has been chlorinated uniformly by gas-feed equipment or chemical pump, [2] for a period of not less than 24 hours when the storage facility has been filled with water which has mixed with sodium hypochlorite or calcium hypochlorite within the storage facility as described in paragraphs B and C of this Section. Handling of Disinfection Water. After the retention period of paragraph D, the free chlorine residual i the storage facility shall be reduced to a concentration appropriate for distribution (not more than 2 mgfl) by completely draining the storage facility and refilling with potable water, or by a combination of additional holding time and blending with potable water having a low chlorine concentration. Then, subject and acceptable aesthetic quality, such water may be served to the distribution system. 09950-3 t I T T t I T I I T I T I T I I T I t i) The environment to which the chlorinated water is to be discharged shall be inspected, and if there is any question that the chlorinated discharge will cause damage to the environment, then a reducing agent shall be applied to the water to be wasted to neutralize thoroughly the chlorine residual remaining in the water. Federal, state or local environment regulations may require special provisions or permits prior to disposal of highly chlorinated water. Proper authorities should be contacted prior to disposal of highly chlorinated water. 4.03. Chlorination Method 2. A solution of 200 mgfl available chlorine shall be applied directly to the surfaces of all parts of the storage facility which would be in contact with water when the storage facility is full to the overflow elevation. A. Method of Application. The chlorine solution may be applied with suitable brushes or spray equipment. The soJution shall thoroughly coat all surfaces to be treated, including the inlet and outlet piping, and shall be applied to any separate drain piping such that it will have available chlorine of not less than 10 mg/l when filled with water. Overflow piping need to be disinfected. B. Retention. The surfaces disinfected shall remain in contact with the strong chlorine solution for at least 30 minutes after which potable water shall be admitted, the drain piping shall be purged of the 10 mg/l chlorinated water, and the storage facility shall then be filled to its overflow level. Then, subiect to satisfactory biological testing and acceptable aesthetic quality, such water may be served to the distribution system. 4.O4 Chlorination Method 3. Water and chlorine shall be added to the storage facility in amounts such that initially the solution will contain 50 mg/l available chlorine and will fill approximately 5% of the total storage volume, and this solution shall be held in the storage facility for a period of not less than 6 hours. The storage facility shall then be filled to the overflow level by flowing potable water into the highly chlorinated water, and shall be held full for a period of not tess than 24 hours. All highly chlorinated water shall then be purged from the drain piping. Then, subject to satisfactory bacteriological testing and acceptable aesthetic quality, the remaining water may be delivered to the distribution system. A. Adding Chtorine. Chlorine shall be added to the storage facility by the method described in Section 4.O1, A, B and C. The actual volume of the 50 mg/l chlorine solution shall be such that after the solution is mixed with filling water and the storage facility is held full for 24 hours, there will be free chlorine residual of not less than 2 mgll. 4.05 Bacteriolooical Samolino and Testino. After the chlorination procedure is completed, and before the storage facility is placed in service, water from the full facility shall be sampled and tested for coliform organisms in accordance with the latest edition of 'Standard Methods for the Examination of Water and Wastewater'. The testing shall be by either the multiple tube fermentation technique or the membrane filter technique. A. Test for Odor. Such water also should be tested to assure that no offensive odor exists due to chlorine reactions or excess chlorine residual. 09950-4 C. D. I I T T T T t I I t T T I I I I T t T Besu/fs of Testing. lf the above sampling is negative, then the storage facility may be placed in service. lf the above sample shows the presence of coliform bacteria, then repeat samples shall be taken untiltow consecutive samples shall be taken until two consecutive samples are negative, or the storage facility shall again be subjected to disinfection. Care in Sampting. The samples shall be taken from a sample tap on the outlet piping from the storage facility, or from a sample tap connected directly to the storage facility. ln either case, the operation shall be such as to assure that the sample collected is actually from water than has been in the storage facility. Recommended Additional Samples. During the disinfection operation and tho required sampling of water from the storage facility, it is recommended that samples be taken from water inflowing to the storage facility to determine if coliforms are present in the typical potable water source. See Appendix A Next Page 09950-5 I I AppENDrx I A.1 Disoosal of heavilv Chlorinated Water. I 1 . Check with local sewer department for conditions of disposal to sanitary sewer. 2. Chlorine residual of water being disposed will be neutralized by treating with I one of the chemicals in Table A.2. TABLE A.1 I Amounts of Chemicals Required to Give Various Chlorine Concentration in l OO,OOO gallons of Water. T T T T I I T T t I T T T Desi red Chtorine Concentrati on in lJater tns/ t Powrds o{ L i quid ChIorine Requi red Gattons of Sodiun Hypochlorite Required Pourds of Catciun Hyrochtorite ReWi red 5I Avaitabte Ch Iori ne 10I Avai tabte Chtorine 15I Chtorine Avai Iabte 551 Avai tabte Ch Iori ne 2 10 50 1.7 8.3 42.0 5.9 19.4 97 -0 2.0 9.9 59.6 1.3 6.7&.0 2.6 12.8 &-0 o9ance made for chlorine depletion rhere [oH concentrations are hetd for extended tirc periods. may need to be TABLE A.2 Amounts of Chemicals Required to Neutralize Various Residual Chlorine Concentrations in lOO,OOO Gallons of Water End of Section ResiduaI Chtorine Concentration rE/t Pounds of ChemicaI Requires SuI fur Dioxide ( soe) Sodium BisuLfate (IaXS03) Soditm Sul fate ( NarSO!) Soditm Thiosutfate (Ia,S,O".5H,0) 1 ? 10 50 0.8 1.7 8.3 41.7 1.2 2.5 12.5 62.6 1.4 2.9 11.6 73.0 1.2 2.4 12.0 60.0 09950-6 T I PUMPsTfiI'3i1,ffi39r,,,,, T 1.OO GENERAL I 1 .O 1 Scooe. Work to be completed under this section shall include all labor, plant, materials and equipment necessary to furnish and install pump and piping systems together with all I appurtenant and miscellaneous items, all as shown on the plans and as specified herein. I 1.o2 Related work soecified Elsewhere. I s::lff ',z]3,ol-11",?ll.??;s::l,IH"and compac'1ion Section 099O0 - Painting t 1.03 Reference Standards. I AWWA - American Water Works Association Rules and Regulations and Water I Well and Pump lnstallation Contractor's Law, State of Colorado. I 1.O4 Submittals. Shop drawings and catalog cuts showing all dimensioning, detailing, I anchorage, fasteners, materials, finishes, supports and appurtenant items. f 1.OS Storaoe of Materials. All materials shall be stored off the ground and covered by I weatnerpro7 corerings. Srpport as recommended by manufacturer. All coatings damaged shall be repaired prior to erection. No materials shall be stored exposed to weather. I 2.oo MATERTALS 2.O1 Pitless Unit. T Type - "Martinson" S-Series, heavy-walled brass castings. I 2.O2 Well Seal. Positive seal to prevent pollution with expanding rubber packer; to be! provided with vent and cable holes. t z.o3 wett Pumo. A. Perf ormance: t i) Capacity - 40 gpm at 240 TDH I B. Material Specification: Pump Shaft - Stainless steel, keyed or hex shape, splined to motor shaft. I Shaft Sleeves - Stainless steel. t Bowls - Cast iron with bronze wear rings. I 15220-1 I I I t t T T I t I T T T I I T I I T I I lmpellers - Bronze, dynamically balanced. I Strainer - Stainless steel. Fasteners - Stainless steel. t Bearings - Marine type, Buna rubber replaceable. I Discharge head - Cast iron. Motor - water lubricated rated for continuous operation; stainless steel shell; I 46 volt, 3 phase; Franklin or equal. Pump Shroud - As per manufacturer's recommendation. I Manufacturer's Reference - Goulds. C. Motor Protection - Not Applicable I 2.O4 Vertical Turbine Pumo. Not Applicable I 2.05 Water Meter. Type - Compound or turbine type. t Size - 2" I Capacity - 10 gpm to 100 spm Materials - Cast iron or epoxy coated steel meter tube and head; ceramic or stainless I steel components; thermo plastic propeller. Drive - Magnetic I Totalizer - Six digit, 100 division, center sweep, reading in U.S. gallons. I H:ffi=.-,::-1::;. I 2.OO Combination Air Release Valve. Not Applicable 2.O7 Check Valve - Droo Pioe. I Type - Deep well check valve. t Body - Semi-steel Seat - Bronze I I 15220'2 I I I T t I I I I T T I I t t T I I I I I Plug - Bronze t Spring - Stainless steel Bushing - Bronze I Screw - stainless steel I Ratins - 250 Pound Manufacturer's Reference - "Technocheck" Style 5OO2F-BR. I 2.Og Butterflv Valve. Not Applicable r 2.1O Strainer.I Cover - Cast iron t Screen assembly - Stainless steel Body - Cast iron I Perf orations - .1 25 I Manufacturer's Reference - METRA-FLEX 2.1O Sumo Pumo. Not applicable I 3.oo METH.DS AND PR..EDURES f 3.01 lnstallation. Follow all manufacturer's recommendations on anchorage, support, and I installation. Provide proper leveling and alignment. Lubricate and adjust according to start - up instructions. Provide all appurtenant items for proper operation including all components t ;il "r#fi;-::urer and not specificarrv shown on the Drawinss' I prior to acceptance, operate all equipment to verify performance compliance and properr operation. I End of section t I I t 15220'3 t I I I I I t I I I T T T I I I T I T T I I t I T t I T I I I T t T I t T T sEcTroN 15261 CHLORINAT!ON EOUIPMENT 1.00 GENERAL 1.01 Scooe. Work to be completed under this section shall include all labor, equipment and materials necessary to furnish and install a functional chlorination system as shown on the Drawings and as specified herein. 1.O2 Related Work Soecified Elsewhere. Section 09900 - Painting Reference Standards. AWWA American Water Works Association 1.03 CI Chlorine lnstitute 1.04 Colorado State Department of Health Design Guidelines Submittals. A. Descriptive literature and catalog cuts in sufficient detail to define materials' operating characteristics and dimensioning. B. Operation and maintenance manual to include operating instructions, service and repair sheets, installation and maintenance requirements. Storaoe of Materials. All materials stored on site shall be protected from moisture and weather by covering and storing off the ground palettes or blocks. Under no circumstances shall equiprnent be stored in an exposed condition. 1.05 2.OO 2.O1 MATERIALS Chlorinator. The gas chlorinator shall be a vacuum operated solution feed type with feed rates of 0.6 to 10 pounds per day of chlorine gas. The chlorinator shall mount directly on the chlorine cylinder valve by means of a positive yoke type gasketed connection, and shall be provided with a chlorine valve direction indicator. The chlorinator system design shall provide for conveying the gas under vacuum from the direct cylinder mounted chlorinator to the ejector check valve assembly to ensure complete safety. The chlorinator design shall permit the entire system to be vacuum checked in the field without using special tools or manometer. The chlorinator shall be constructed of materials especially selected for wet and dry chlorine gas service. All springs used in the chlorinator shall be of a tantalum alloy. The rate valve and seat shall be constructed of fine silver. A double thickness diaphragm shall be constructed of vacuum regulation. The rate of chlorine feed shall be set manually and shall remain constant until manually changed. The differential pressure regulator shall not be required for the gas flow. 1 5261 -1 I I I t I T T T I I I I T I I t t I T I t T I T t T I T T I t I T T I I t T The chlorinator shall be comprised of the following parts: 1) vacuum regulator; 2) a chlorine flow meter; 3) flow rate valve; 4) pressure relief valve; and 5) an ejector. The chlorinator shall be equipped with a chlorine supply indicator (i.e., when the chlorine pressure in the cylinder drops below normal, an indicator shall appear). The vacuum shall be controlled by a spring- opposed diaphragm regulator which shall close tight on loss of vacuum. The chlorine gas flow meters shall indicate the flow of chlorine to a minimum of 0.6 lb/day and a maximum feed rate of 1O lbs/day. The chlorine gas flow meter shall be an integral part of the cylinder- mounted chlorinator. The rate setting valve shall be manually adjusted and shall be a solid silver valve with a solid silver seal. Pressure will be prevented from building up in the system by means of a spring-loaded chlorinator. The system shall vent at the cylinder-mounted chlorinator. The corporation cock ejector/diffuser assembly shall receive all chlorine and ejector water and discharge the resulting solution to the point of application. The ejector shall be equipped with a check valve, which will prevent water from backing up in the chlorinator. A loss of water supply shall automatically shut off the chlorine gas end outlet and a 1" l.D. hose connection for ease of field installation. The chlorinator shall be equipped with a gravity actuator device directly connected to the main control diaphragm to indicate when chlorine supply is exhausted. The following standard equipment shall be furnished with the chlorinator: > 10 feet of 1 " ejector water supply hose. > 50 feet of 3/8" tubing for vacuum and vent lines, including vent line screen. > 1 2lead gaskets. > One 1" metal hose adaptor. > Four 1" hose clamps. > One standard set of spare parts. > One multi-purpose wrench. > A water inlet assembly consisting of a gate valve l2l, a wye strainer, a pressure gauge, pressure reducing valve (110 psi to 40 psi) and flow control valve (5 gpm)' > Additional equipment as required for the location/installation of the chlorinator for this contract. 2.O2 Chlorine Cvlinder Scale. The chlorine cylinder scale shall be of the balance of the pivot type beam scale and shall be designed to accurately weigh one chlorine gas cylinder. The scale platform shall be covered with a non-skid, non-skip rubber. The base shall be fabricated of heavy steel and shall support the steel beam and scale head. The scale shall be provided with a rigid cylinder support bracket attached to the scale head support. The maxirnum capacity of the scale shall be 350 lbs. with an accuracy of t 2 ounces. The scale arm bracket shall be painted with a chlorine resistant finish. Two (2) additional brackets shall be provided for spare cylinder. 2.O3 Chlorine Gas Mask. The gas mask to be provided shall be a self-contained pressure\demand air breathing apparatus and shall utilize a refillable compressed air tank. The unit shall consist of the tank and valve, a backpack and harness, a regulator with audible 15261-2 I I I I I t T I I I T T I T T t T T I T T I I T I I T t t t I I T I T I T warning device which signals a diminishing air supply, and a full-vision silicone rubber face piece. The gas mask shall have a 3O-minute capacity and meet or exceed the specifications as set forth by MESA and NIOSH. The gas mask shall be similar and equal to Model #9848- 2O as manufactured by Survivairo. The mask shall be delivered to the Owner. 2.O4 Gas Mask Enclosure. One cabinet shall be furnished and mounted as indicated on the Drawings for storage of the gas mask. The cabinet shall be a NEMA-4 electrical enclosure constructed of steel with all seams continuously welded, without knockouts or holes, 30 inches high, 24 inches wide, and 12 inches deep. The enclosure door shall have a stainless steel hinge pin and shall be secured by a latching system with a plated handle. The cabinet shall be completely assembled and with the specified accessories, shall meet the requirements of NEMA-4 enclosures. The cabinet shall be painted with a yellow enamel exterior finish suitable for exposure in a severe environment. lnternal brackets shall be included, which provide easy removal of the mask. The enclosure shall contain a one pint container of 56% ammonium hydroxide solution in a plastic "squirt applicator" bottle for chlorine leak detection; a chlorine leak repair kit supplied by the Chlorine lnstitute; and one (1) pair of rubber gloves; one (1) pair of goggles; and one (1) rubber apron, all compatible for use with chlorine solutions. 2.05 Chlorine Gas Detector. Not required. 2.OG Warnino Sion. Maintain a -Danger-- Chlorine Gas-sign as shown on Drawings. Sign shall be minimum 108 square inches of painted sheet metal, mounted 72" above finish floor. 2.O7 Poster. Provide Owner with poster, provided by equipment supplier, giving chlorine handling instructions. Owner will post in building. 2.O8 Booster Pumo. Final design requirements to be supplied by chlorination equipment supplier. Purnp to be single phase, sized to operate against the pressure head of the system. Provide pressure reducing valve and flow control valve as required. 3.O0 3.01 METHODS AND PROCEDURES Follow manufacturer's recommendations on anchorage support and installation. Provide proper leveling and alignment. Provide all appurtenant items for proper operation including all components recommended by manufacturer and not shown specifically on Drawings. 4.00 OUALITY CONTROL Prior to acceptance, all chlorination equipment will be tested to verify performance compliance and proper operation. MANUFACTURER'S REFERENCE: "Wallace and Tiernen", or "Capitol Controls" End of Section 5.OO 1 5261-3 T I T T Z rY7 "TITOIr HlLKHOLs€ TYPE HEATER LOUVERED lNTAKELMTE AT TOP WALL FLOW- METER t T T * I t I I I T T I I I T E L VACWM RE6I.(-ATDR 2AO CFI| qHALST TAH dHALST D{JCT 7O ,.6- Frcil NTTOM OF FL@fi :- 5CFIEIVIAT/C CHLOR|NE ROOM /( rs 1 5251 -5 $" eotrruat SCREEN 0-15n oEi^-Pressure uuage SHRE CHI-ORINE. CYLINDER STPRAGE I I sEcrtoN 1s8oo HEATING, VENTILATION AND AIR CONDITIONING I I 1.oo GENERAL I 1.01 Scooe. Work to be completed under this section shall include all labor, plant materials I and equipment necessary to furnish and install all heating and ventilation equipment systems together with all miscellaneous and appurtenant items as specified herein and as shown on I the Drawings. 1.O2 Related Work Soecified Elsewhere. I B::li:: Bi,BB-i,*:'lJrace concre'fe Section 07500 - Roofing System I S::li:l ?1333::,::::,gitar' caurkins and searant I 1.03 Reference Standards. SMACA - Sheet Metal and Air Conditioning Contractors National Association. I 1.O4 Submittals. Shop Drawings and catalog cuts, including dimensioning and detailing, materials specifications, performance curves and motor characteristics as well as special t installation requirements of the manufacturer.I 1.05 Storaoe of Materials. All equipment to be stored off ground and covered with I waterproof covering. cover all electrical connections with dust-proof coverings. 1.06 Site Conditions. All equipment sized for altitude of 6400 MSL. I 2.oo MATERTALS ,- 2.O1 Roof Exhauster. Not Required. I 2.o2 watt Exhauster. I A. Performance. I ff"ll",':::.nJ;Xr, manuracturerto be incruded in submittar. I B. Materials. Type - Propeller, direct drive. T I 1s8oo-1 T t T T I T T I T T I I T t T I T T T T I Construction - Atuminum frame and housing with stainless steel fastenings. Explosion-proof motor. I Accessories - Aluminum bird screen and backdraft damper or louvers. I Motor - Permanently lubricated ball bearing mounted. Mounting - Through-wall. I Manufacturer - Penn, Dayton Jenn-Air or equal (see Section 16000). I 2.03 Duct. Material - Aluminum with stainless steel fasten€rs. I Location - As shown, extending to within six inches (6') of floor. I Desisn Y.1triT:L",".JJHJ',ilTHl"H','$::#s:.'ir onrv when exhauster I capacity - HI:IrL?d:r.'" inch openins; size to be coordinated with wall Accessories - Aluminum insect screen. I Manufacturer - Airolite, Louvers and Dampers, lnc., Burt or equal. I 2.O4 Motorized Air lntake or Exhaust. Not Requiredt2.05 Louvered lntake - Chlorine Room. I Material - Extruded atuminum. t Size - 12" x 12" rninimum. Design - Weatherproof with fixed set of louvers and adjustable set of louvers which I ::r"J:l: bv both sravitv or multiple set position. Provide aluminum insect I 206 ffi ':::::-:::;::'fcpressuredr'p I Same as chlorine room. 2.O7 Electrical Heatino Devices. See Section 16000. I 'T6on' milkhouse type heaters that plug to existing electric outlet. I ! 15800-2 T I T I I I t T I T I T T I I I T I T T I I I T I I T I I T I I T T ! T T T 3.OO METHODS AND PROCEDURES 3.01 Mountino. lnstall as shown on Drawings. Secure roof as recommended by manufacturer, shimming unit to provide level installation. Make connections to duct work in air-tight manner with smooth transitions and manufacturer fasteners. Provide necessary lubrication and adjustments to unit(s) prior to startup. 3.O2 Duct Work. All Work shallcorrespond to SMACNA recommendations for low velocity duct construction. 3.03 Sheet Metal Work. Finished work shall have a smooth surface inside all duct work, free from small fins, imperfect ioints or other obstructions which cause noise and increase friction. All joints must be air tight. Any additional duct offsets or turns not shown on Drawings or increases in length of run necessary to overcome obstacles, shall be called to the attention of the Engineer so that an acceptable re-arrangement may be designed. Under no circumstances shall the cross section or any duct be decreased by dents or by pipes running through it. No quick transitions which restrict area shall be used. Transitions shall have angular change from the direction of flow of 4:1 (approximately 15o) except where noted otherwise. Bends shall be made square to standard radius elbows. elbows shall have throat radius not less than the duct dimension. Elbows will smaller throat radius will require turning vanes. Square elbows shall be allowed where shown and where clearances will not permit radius elbows. Turning vanes and extractors shallbe provided where shown and at all bends and branch duct take-offs greater than 45 o in rectangular supply, return and exhaust ducts. Vanes shall be Barber-Colman "Deflectoral, Velocitrol or Airturn, or equal, by Titus or Tuttle and Bailey. Shop assembled double thickness vanes are acceptable if approved. Single thickness vanes are not acceptable. 3.04 Louver. lnstall according to manufacturer's specifications. Unit to be set plumb and level. 4.OO OUALITY CONTROL 4.O1 General. Verify operation of all equipment and systems in field. End of Section 15800-3 T t T t T I I t T I I t I I I T I T t rT t t I I t I I T t t T I I I T T t T sEcroN 16000 ELECTR!CAL 1.OO GENERAL 1.01 Scooe. Work to be completed under this section shall include all labor, equipment and materials to complete the electrical installation, using applicable codes and installation techniques. All power, lighting, controls, metering systems, appurtenances, accessories and equipment connections necessary for the system to function as specified in this and other sections of Specification and as shown on the plans shall be covered in this section. Work to be performed in accordance with the requirements of this section consists of furnishing and installing of all electrical work outlined in the Drawings and Specifications for all power, lighting, controls, and metering systems. The work shall also include the performance and installation of such necessary work, and the providing of such necessary material, and devices, of a minor nature that are neither indicated on the drawings, nor specifically mentioned in the Specifications, but which are necessary tor the compliance with the codes, and for the successful operation of the entire electrical and control systems indicated on the Drawings and/or described in the Specifications. The Contractor will be allowed no extra compensation because of this requirement. 1.O2 Related Work Soecified Elsewhere. Section 03300 - Cast-ln-Place Concrete Section O42OO - Masonry Section 15050 - Plant Piping Section 15800 - Heating, Ventilation and Air Conditioning Other 15000 Sections 1.03 Submittals. Submit complete equipment and material list showing make, type and manufacturer's name and trade designation of all the electrical materials and equipment proposed for use. List shall be accompanied by manufacturer's specifications for each item of material and such other detailed information as Engineer may require. For equipment that is different than the brand or make specified, the Contractor to submit proof of similarity and equality. 1.04 Permits and Fees. The Contractor shall obtain any necessary permits for the inspection and installation of the Work and shall pay all fees in connection therewith. After all required electrical work has been completed in a manner satisfactory to the Engineer, the Contractor, when required, shall procure from the proper authority a certificate approving the work and deliver it to the Engineer. 1.05 Protection of Work. All electrical equipment to be handled and protected so as to prevent any damage to materials or protective coatings. Do not use conduit for support. Prevent unauthorized entry into control centers or disconnect boxes. 1.06 Storaoe of Eouioment. All equipment to be stored off ground and covered with weatherproof coverings. Provide dust-tight coverings where recommended by manufacturer. 1 6000-1 I I I I I t T I T t t I I T T T T T I T I Support all equipment to manufacturer's specifications. t 2.00 MATER|ALS 2.O1 General. Electrical equipment and fixtures shall be as indicated on the Drawings, or I as specified herein. All electrical equipment shall be approved by the Underwriters' I Laboratories, shall meet the requirements of applicable codes and shall conform to NEMA Standards and the N.E.C. I Atl minor items of electrical apparatus which are furnished with the various items of equrpment, but which are neither detailed on the drawings nor set forth in the Specifications - shall be considered part of the electrical work. I 2.o2 Conduit svstem. I A General Size - As required to accommodate conductors. I Equipment Connections - Liquid tight fittings. B. Underground I Material - PVc, Schedule 8o Bury - Minimum 24" I c ::::::"-See Section 02221 I HT,.,fl-?Y:j:lx1'j:,1i,0,,uj.., to rierd approvar. I D. Flexible t 2.03 wire. Material - sealite or equal I A. Generat Color Code - Separate color for each phase and neutral consistent throughout. I Type - Copper, type THW, insulated for 600 volts minimum unless otherwise. Aluminum is allowable for feed and sub-feed with pressure I connectors only. Size - As required by N.E.C. or as shown on Drawings.I ;:ffiffi.yr"";;:rffr"Lii'iTr:i,'x?JrflLT"?',,1,0,,?,ln::[[::,'"::; I 2oh for the main breaker as required in Part 2.O8, A., 1. of this Section. t 16000-2 I T T t I Branch Circuits - Grounded wire to have white braid limit voltage drop to 3% between load control center. Control Circuits - Minimum #12 Motor Circuits - Limit voltage drop to 3% between motor and motor control center. Lighting Circuits - Minimum #12 where first outlet is lOO'or less. Minimum #10 where first outlet is 100' or greater. I 2.O4 Groundino and Bondino. Main ground shall be Euford type using size O copper clampedr to Reb;; in 4 plaies 1o' apart. I A. General. Ground and bond all service equipment, conduit systems, cable-tray supports, I cabinets, etc. 2.05 Junction and Pull Boxes. t Materiar IY;,';I:yi;:?:il:r other conduit I :::flJfi"t,:;:s sreater than 1oo cubic inches; galvanized or baked I Size Minimum 1%" deep. 2.06 Outlet Boxes. t Material - PVC for PVC conduit. Steel or cast metal for other conduit. I 2.o7 n""- mum dePth 1Y2" ' t A. lnterior: Type - Push-button with rubber cover Hubbell or equal, 120 V rating. I l",,=Ji'',"" -::l;:il.,,:,ffi.:":J":::::werra,edandapproved as disconnect means for 1/3 horsepower and greater loads. All I switches shall be Specification grade. 2.OB Main Distributor PanelllVell Panel. I A' Uixi^t'f,$'lJJ'i:,i#i #HlJ'8;y'n" rorrowins items' arr rated 60o I t 16000-3 I T t T I T I I I T I T I I T T T I I 1. Main breaker. 2. Breaker to supply well panel. 3. Breaker to supply lighting transformer. 4. Breaker for heaters. 5. Breaker for lights. 6. Spaces for two future 50 amp frame breaker. 7. Bond bus for ground. 8. Magnetic contractor for 40 gpm pump. B. Well Panel. 1. Three position H-O-A Switch. 2. Agastat 0-90 second delay, start delay timer on any operating mode. 3. Green on lamp and red off lamp. 4. Elapsed time meter, 7 digit, non-resetable, reading in tenths of an hour. 5. Cycle counter. 6. lnterlock to chlorine booster pump. 7. Provide space in panel for all of the above future 40 gpm pump. 8. Adjustable time delay relay for pump running time; one minute to 24- hour range; equal to Series 328, MOS TDR. 9. Subtrol unit. 10. Low tank level alarm light. 2.09 Water Svstem Ooeratino Seouence A. Well Pump. 1. Off Mode - Pump off, chlorine booster pump off. 2. Hand Mode - Pump on, chlorine booster pump on. Overridden by probe in well. 3. Auto Mode - As pressure in system drops corresponding to drop in tank, low probe in tank will activate pump. Pumps shall be de-activated by 16000-4 I I il:[iJ:liJr,',r,?l;,::#,J,i:i: ffi:'y:i;"1:.J,:'Jr,"?#,"J:i:"'' I 4. Low Water Cutout - Pump to be provided with a 'subtrol' pump protection (Franklin or equal). All operating modes to be over-ridden by t protective functions. B. Chlorine Booster Pump. I 1. off Mode - pump off. I , ^::;jjj-;::, ,,mp to turn on with we, pump on, and orr with I I,9.il#Ii'rlll; "t'i]""oid varve to open with werr pump on' and close 4. Booster pump and solenoid valve shall be interlocked with well pump I Ir*"J contractor so that at no time will booster pump be on when well I 2.1O Pluo Receotacles.I Type Duplex I Rating 20 amp, 120 volt, unless otherwise shown f Covers Weather-proof, non-conductive I 2.11 Fixture Schedute. I AtY Location Descriotion Reference 2 Above doors lOO W lncandescent vandal- Granger 2V637 with I ^ ,_1_.:-_ , proof photoelectric control box 2V638 2 lnterior as Two 40 watt, 120V fluores- Lithona "DD"I *:I;ut ;::[i?]Tit,il']'J,'x],, & vapor laden atmosphere. t 2.13 Etectrical Heatino Eouioment I "Titan" milkhouse type heater for plug in to plug receptacle; rninimum 1250 watts. 2.14 Wall Exhauster. I Type - Wall mounted, fractional horsepower. Operation - Motor and interior chlorine room lights are to be operated by a Wisker t switch on chlorine room door and/or switch outside chlorine room. I 16000-5 T I I t T I I I I I I t I T I I T I ! I I I I t T I I T I I t t I I T I t I Rating - 200 cfm Mfg. Reference: Wisker Switch, Dayton 6Y616. See Section 15800 for exhauster specifications. 3.OO METHODS AND PROCEDURES 3.01 lnstallation. All Work shall be done in accordance with best recognized modern practice and shall conform to the 1981 N.E.C. and to any revisions to the Code by the local authority. lf any conflict occurs between the above rules and this Specification, the rules are to govern. Contractor shall accept this condition upon submitting his proposal and no extra payment will be allowed in order to conform to this condition. 3.O2 Drawinos. Contractor shall examine the Drawings and Specifications to determine the locations and extent of all equipment to be connected to the various electrical control and metering systems. The locations of outlets and equipment shown on the Drawings are the approximate locations, and the Contractor shall install them, so that they are symmetrical in their respective areas. He shallcheckthe equipment drawings furnished by the equipment manufacturer to determine the correct location for roughing in the outlets for the connections to the various items of equipment. The changing of the location of the outlets to conform to these conditions and any other minor changes of location of outlets required shall be considered as a requirement of this contract and no extra charge will be allowed for such work. 3.O3 Cuttino. Patchino and Trenchino. The Contractor shall do no cutting, breaking of concrete, cutting through walls or any other like type of work unless he first obtains the permission of the Engineer. When such type of work is permitted, it shall be done in a neat workmanlike manner and any defacement resulting shall be repaired to a condition equal to that prior to the work being done. 3.04 Groundino and Bondinq. The service equipment, conduit systems, cable trays, supports, cabinets, equipment and neutral conductor shall be grounded and bonded in accordance with the 1987 issue of the N.E.C., or as shown on the Drawings. Grounding connections to each piece of equipment shall be made as close to current carrying parts as practical. All ground connectors shall be installed in conduit unless otherwise specified and connections shall be made readily accessible for inspection. Connections shall not be made underground or concealed in walls or floors. 3.05 Junction Boxes. Alljunction boxes shall have closed covers which must be accessible after completion of the structure. Junction boxes on concealed conduits shall be set with covers flush with finished surface, and on exposed conduits shall be set exposed, unless otherwise noted on the drawings. Junction and pull boxes of sizes proportionate to the sizes of conduits or conductors served shall be installed where shown on the Drawings and where necessary or convenient for installing the wires. 3.OO Outlet Boxes. Outlets shall be installed in the locations shown on the Drawings. The location of outlets and equipment shall be governed by structural conditions and obstructions. When necessary, the Contractor shall relocate outlets so that when fixtures or other devices 16000-6 I I I I T I I I :l I I T I I t I I I T I I I T I T t I t t I T T T I T T T T are installed, they will by symmetrically located according to the room layout and will not interfere with other work or equipment. ln any case, the final location of outlets must be verified by the Engineer. All boxes shall be rigidly secured in position and shall be so set that the front edge of the box shall be flush with the finished wall or ceiling line or not more than 1/4" back therefrom. Wall switch outlets shall be located 4 feet above the floor. When located near doors or windows they shall be located close to the trim. lnterior plug receptacles shall be locate 1'-6" above the finished floor. 3.07 Service Connection. Contractor to verify power source and location. Holy Cross Electric will provide the meter and control transformer but Contractor must instatl the control transformer. Contractor to size and install service line to Control building per NEC. 4.OO OUALITY CONTROL 4.01 Testino. When the entire electrical, metering and control systems have been completed, the Contractor shall carefully test the wiring in the presence of the Engineer. The Contractor will be required to furnish all apparatus necessary for the testing and shall have the systems in proper condition for service with all circuits suitably identified and tagged. The systems shall be entirely free from unintentional grounds, short circuits and any other defects. After the lighting fixtures, motors, meters, controls and all other current consuming devices have been connected to the system, the Contractor shall again go over the systems and satisfy the Engineer as to their proper operation, including the proper rotation of all motors. After a minimum of two weeks "shakedown" operation and prior to acceptance of the work, all circuits shall again be checked and any defects corrected. End of Section .1 16000-7 a BOUNDARY LINE ADJUSTMENT AGREEMENT, ACCESS EASEMENT AND EMERGENCY FIRE EASEMEIIT ) I t BouNDAII#ilnfHUSrMENr INDEX I 1. Easement Deeds and Agreement between Ronald Theodore Martin and Margery A. I Martin and CLDC, dated June 2, 1992. Affrdavit Re: Boundary Line Adjustment, by Ronald T. Martin, Margery A. Martin and I CLDC, dated June 2, 1992. 2. Deeds and Agreement between Charles Harris, Margaret Harris and CLDC, dated April I e, reez. Affidavit Re: Boundary Line Adjustment, by Charles Harris, Margaret Harris and I CLDC, dated April 9, 1992. 3. Deeds and Agreement between Clifford Cerise Ranch Company and CLDC, dated t August 25, t992. Affidavit Re: Boundary Line Adjustment, by Clifford Cerise and CLDC, dated August I 2s, teez. 4. Deeds and Agreement between Jean M. Blue and CLDC, dated July 20, 1992. I Affrdavit Re: Boundary Line Adjustment for Jean M. Blue and CLDC, dated September I 5. ;:: Deeds and Agreement between John G. Powers and GLDC, dated August 27, I reez. Affidavit Re: Boundary Line Adjustment, by John C. Powers and CLDC, dated August I 6. ':r:::raund Bargain and sale Deeds between william N. Johnson and Maritee R. I fohnson and CLDC, dated August 25, 1992. Affrdavit Re: Boundary Line Adjustment, by William N. Johnson, Marilee R. fohnson I and CLDC, dated August 25,1992. I I c:\FII F-q\CLDC.7lN I scptcmbcr23, lee2 I 7. Deeds and Agreements between Michael N. and I-enore L. Hammes and CLDC, dated September lL, 1992. Affidavit Re: Boundary Line Adjustment, by Michael N. Hammes and Irnore L. Hammes, dated September lL,1992. C:\FIIJS\CLDC.7lN Scptcmbcr 23, 1992 -2- I I I t I I I I I I I I T I t I I I T t FEcoRDED Ar /4- orcLocK P.n. JUL 1 5 1992 \ FEc _ t 4g6839 I_rL?_!89_ A!sDoRll c0uNry cLERK EASEMENT DEEDS AND AGREEMENT BooK 836 racr?4,S I on this Mday of Tu,.-e- , lgg2, RONALD THEODORE MARTIN and MARGERY A.-MARTIN ltrereinaftei "Martins"), whose address is 1584 County Road 103, Carbondale, Colorado 81623, enter into this Agreement with the CARBONDALE LAND DEVELOpMENT COpJORATION (hereinafter 'CLDC'), c/o Scott Writer, President, 39100 Highway 82, #lL, P.O. Box 9705, Aspen, CO 81612- WITNESSETH: WHEREAS, CLDC and the Martins are adjacent property owners in Section 24, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado; and WHE^REAS, the Martins own two contiguous tots labelled Parcel A and Parcel B in Exhibit 'An and the CLDC property (more particularly described in that deed recorded in the Office of the Clerk and Recorder of Garfield County in Book 819 at Page 100 as Reception No. 429844 (hereinafter 'CLDC Property") is adjacent to the south of these parcels; and WHEREAS, CLDC intends to subdivide its property; and WHEREAS, the Martins are disputing the location of Section Corner 23,24,25, and26, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado; and WHEREAS, this claim by the Martins creates a property line dispute between the CLDC property to the south and the Martins' properry to the north; and ' WHEREAS, this dispute involving the section corner is currently under consideration by the Interior Board of I-and Appeals (BLA), Citation No. 91-22; and WHEREAS, CLDC and the Martins would like to reach an agreement establishing the location of the disputed line regardless of the pending ruling of the IBLA; and WHEREAS, CLDC desires a northern emergency only fire egress and ingress through the Martins' property; and WHEREAS, principals in CLDC are fcensed Colorado real estate brokers; and WHEREAS, CLDC and the Martins share a common properfy line which trends east to west and forms the north boundary of the CLDC property. If the Martins prevail in their IBLA appeal, the existing northern boundary of the CLDC property couid shift south; and I t\ I I I I I I I I I t t I I I T I I C:\FILES\CLDC.2AG April 9, 1992 65 t I I t I I I I I I I t I I t I Boot( 836 ptcET4g WHEREAS, CLDC and the Marlins, through the mutual conveyances set forth herein, intend to establish a boundary line to remain valid regardless of any ruling by the IBLA. NOW, THEREF'ORE, for and in consideration of the mutual promises and covenants, the sufficiency of which is hereby acknowledged, the parties mutually agree and warrant the following: 1. CLDC does hereby grant, bargain, sell, quit-claim and convey to the Martins, proPerty along CLDC's northern property line. CLDC shall, prior to recordation of this Agreement, obtain a partial release from any deed of tnrst for the property set forth in this paragraph. The property hereby quit-claimed consists of: AIt CLDC's right, title and interest in any and all property located Norttr of the following line: A line situated in Section 24, Township 7 South, Range 88 Westof the 6th P.M., Garfield County, Coiorado, being more particularly described as follows: Beginning at a point whence the witness corner for the southwest corner of Section 25, said Township 7 South, Range 88 West of the 6th P.M., a stone found in place, bears South 02"37,50, West, 6,LL7.35 feet with all bearings relative to a bearing of North 3L"L4'46n F^st between said witness corner and a rebar and aluminum cap marked L.S. 11204 fgund in piace marking the south one{uarter corner of said Section 24; thence South 89"4L'5Lo F^st, 675.09 feet; thence North 02"58'27o West, 75.L2 feet; ttrence South 89"41'51" East, 679.24 feet to the point of terminus whence said witness corner bears South 14"4'l,lB, West, 6,390.46 feet. 2. The Martins do hereby grant, bargain, sell, quit-claim and convey to CLDC, properry along the Martins' southern property line. The properry hereby quit-claimed consists of: All the Martins' right, title urd interest in any and all properfy located South of the following line: A line situated in Section 24, Townshipi South, Range'88 Westof the 6th P.M., Garfield County, Colorado, being more particularly described as follows: Beginning at a point whence the witness corner for the southwest corner of Section 25, said Township 7 South, Range 88 West of c:\FII Fs\ClIC.z{c Aptil9,l9g2 I I I -2- I I t I I I I I I I I I I t I I I t I !r lr l: lr lr lr lr lr lr lr I I I ,1 Boott 836 rucr?S0 the 6th P.M., a stone found in place, bears South 02"37'50o West, 6,1L7.35 feet with all bearings relative to a bearing of North 3L"L4'46' Fast between said witness corner and a rebar and aluminum cap marked L.S. 11204 found in place marking the south oneauarter corner of said Section 24; thence South 89"41'51" East, 675.@ feet; thence North 02"58'27n West, 75.12 feet; thence South 89'41'51' East, 679.24 fggt to the point of terminus whence said witness corner bears South 14o47' 18' West, 6,390.46 feet. 3. The parties a$ee that the conveyances of the properties described above shall be valid and binding regardless of the outcome of the IBLA Appeal currently pending, and that regardless of ttre outcome of the IBLA Appeal, the boundary lines established by the conveyances in Paragraphs 1 and 2 above between the Martins property and CLDC property shall not be modified or altered in any way iui a result of the outcome of said IBLA Appeal, or any other survey adjustment by any other governmental entiry. The parties further agree this Agreement shall be considered an agreement entered into pursuant to C.R.S. $38-44-112. T'he map attached as Exhibit "A" shows the boundary line established by the quit-claim deeds provided for herein. 4. CLDC and the Martins shall cooperate for the purpose of filing a boundary line affidavit with Garfield County concerning the conveyances provided for herein, the original of which shall be recorded with the Clerk and Recorder of Garfield County, as required by Section 1:64 of the Garfield County Subdivision Regulations. 5. The Martins do hereby grant, bargain, sell, quit-claim and convey to CLDC an easement for the purpose of providing an emergency only fire egress and ingress ("fire access easement") for the benefit of the owner of the CLDC Property, which easement is shown on Exhibit "B" and the legal description for which is shown on Exhibit "C" attached hereto and incorporated herein by this reference. The fire access easement is subject to the following terms and conditions: A. Said fire access easement will be expressiy limited to emergency only fire situations on the CLDC or Martin Property. No other traffic of any kind, including, but not limited to, horseback, pedestrian or vehicular will be allowed along this easement. Access through the Martin property will only be allowed in the event that such access will improve the prospects of successfully frghting a fue. Exhibit "B" shows an unrecorded piat. This plat shows a24 footaccess easement off of County Road 103 through the Martins' Parcel B and through Parcel A back to the westerly boundary of Martins' Parcel B. The fue access easement will include, but not exceed the area within this 24 foot access easement. When this access easement re-enters Parcel B (from Parcel A) the fue access easement will c:uII Fs\cl!c.2tc Ap.il 9, 1992 -3- I I T I I I t t I I I I I I I C. Dttott 83t rAGE751 then be 15 feet in width through the Martins' Parcel B until it reaches the northern CLDC property line. CLDC agrees that the Martins make no re,presentations or warranty concerning the adequacy of the fire access granted herein. CLDC will improve an approximately 12 foot wide road through its and the Martins' property connecting the existing Martin driveway to the main roadway to be located on CLDC property. The Martins and their heirs, successors and assigns agree to keep this roadway clear of all obstacles which may block this fire access easement from use in emergency situations. This provision does not apply to natural obstacles such as snow accumulation, however, CLDC shall have the right to maintain this road during the winter months at its option and expense. CLDC shall cooperate with the Martins to ensure that such maintenance occurs at mutually convenient times to avoid inconvenience to Martins. Martins shall have no duty to mainrain the fire access easement which shall be the responsibility of CLDC. At the time of the improvement of the fue access, CLDC wiil constnrct a gate on CLDC properry at the beginning of the fire access of Wooden Deer Road. Then, at the Martin's discretion, another gate wiil be constructed on this road on the boundary line between the CLDC and Martin Property and a fence, or other obstacles designated to restrict access, adjacent to the gate and provide signage which will expressly limit traffic on this roadway to emergency fire siruations only. If necessary, either gate may be locked, with keys being distributed by CLDC to all concerned parties. In the event of any damage to the Maftin driveway or Martin Froperty through the use of the easement by CLDC or its successors or any fue protection vehicles I us ,rnt the driveway to access the CLDC property, CLDC will repair such damage- to bring the Hirtrey back to the condition which existed before the infliction of that damage for so long as it owns the properfy served by.the easement, after which responsibiiity for such repairs will be assumed by CLDC's successor, specifically the Wooden Deer Homeowners Association. CLDC acknowledges that the existing physical driveway thrcugh Martins' properry is not intended to be expanded. CLDC may assign its rights and obligations to a successor to the CLDC property' or to a homeowners association. Before CLDC is released from its oUtigitioni under this Agreement, the Association must expressly agree in writing to assume CLDC's obligations and agree that the Martins shall be tnird-party beneficiaries of such assumption agreement. D. E. *'"ff"!r fh,ih.-, fur) F. G. I I I I C:\FILES\CLDC.2AG April 9, 1992 4- I t I I I t I I I I I I t I t I I I I Boott 836 pAoE752 6. CLDC will commit to pay all of the survey costs associated with the establishment of this fue easement using the surveyor of is choice. Each party will pay its own legal costs in this matter. 7. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns-of the parties. - e r - \g, T7'a- 1,u*,*ins t @ of +l"L at;oue{,ox -t+L- {,A W ,H We *oW lrar' Lt0c +*q,?s {: *'iU, f,rc , [': Date: 6 /e,/fU ATTEST: C:\FIIlli\CLDC.2AG April 9, f992 Ronald Theodore Martin CARBONDALE LAND DEVELOPMENT C ORPORAI ON ;rFlorado corporation -5- rl :l :l :l :l rl rl rl rl rl rl I I I I I I I I I I I I t I T I I I I I t I I corrNrY or-Dr{'rN }"' \ Qr^s- Acknowledged,subscribed,andsworntobeforemethisela^yotffilgg2, by Ronald Theodore Martin and Margery A. Martin. WTINESS my hand and official seal. My Commission expires \."n . J, tg gf BrtoK 836 PrcE753 srATE OF COLORADO ) STATE OF COLORADO COUNTY OF Garfleld. Acknowledged, subscribed, and sworn to before me this by Scott Writer, as President, and by suzanne 3 ' 'Jrlter Carbondale I-and Development Corporation. . WTINESS my hand and official seal. ) ) ss. ) ,as APr11 day of Fetrury, 1992, Secretary, on behalf of 11./e/e2 C:\FILES\CIJC.2AG lrq7rilg, lgYz -6- t t T I I t I I I I I t I I I I I I T I i?\', 1\. \. \'."l,\ III i :.1 '.r' i l: I s'>5. oI 'l I ' tl 't'l I ..,.1 I t. I I oi iill, ,:l I ,o I \ tao tr(-l- hr il r !rt'il". It t' t. I\i /t,o/t. o' t; t tl l; itr lli! ililtl 1i , ,'] tD(l. I!lrtt tl l{ t. :i!. lr; ll tit, t I I I q e.k hr I I I I I I I I I I :l It.lt I I ii!l' IIt.ttt tlttttttttttttlt ll I I tltttt I I I I I I I I I I I !iloI ts il I t 95' i il , It .. l!t,)I .h'o NE P.p jiq /1 /' bFl ,tif lt @OO ql 9) o) II {t +'fiiIt in !-, C) ^I' Ul'i' ' . iF)' ,.| .il 't. |'/l'/, ..1, .1, ItrIXIr( I l-r Itd II b I / I r-ITIIIIIIII-IIIIII EXIiIBIT B-I I vil \Li >- ', 2.. ru BooK 836 PAtE755r.ii ,.\ t a iII )t/7- E-33{; q :t#a- Btr{,-Era=3,S ',/I=N '.f rlra, rt :t I fJ! tt, =it /l t! riiliiiii ii iiliiiiiiii,=iiiiiilil iii iiiinii . : :... ' '.i ;. \E.Nh*,{ \(3. .\I E}E,E -tr,$ i?iil \r IiI\r ,tJ I\r 81.\'1 * -t - ttEt I l,!r -t-UI5 . t.Iilt -trl. a.l IEgE tiH I l,lii* IiJFfi I i lill: Iili# I!t: rr! | i:llli i Ii;l i.il;t iJi;; I -:?: !:I=iii g \r\ls -rj\to oo ^.i ;l rl.1r i;-_! aii rI; trr.i lu [il ri.rli rr'rtl :rrir Irl a t r-;i: ti'ii] ri r!! l.;i: !Jarr :!Jrj -l Itaa ,a Jrr lt.lli t:. :i t 1i' E g E c E ddtI:! l"rl EJtrr \ i::3 \ ={ tu: Es gZ NEIII3SS il-' Ilir i:li ;Ji: ; iii i\; r- a-, Q+,:{r.*t\ &(o I I I : I I it I I I : \ I \\. (./) rn- ^\E >d-? utz.: '=H a:\t- frE-; A(:E\QLrQ -{ Ita q'E\ O =aH>Nq). r'-l tsccH*'oc E-,E_kI.=ce<(J\aqQ =>1acs '--i H tr-\ru'r* LJ r-i. \,t -.:a;d ts b^qt ilH*tsY\\ E E-' I t I I I I I I t l' I I I I ru-" 2..' il EXHIBIT B.2 Boort 836 PAcE756 ul*r$lii It I !--.-....r... iiilrffirfiil:lrrrStlta:rtI laoar.imE.ilisoliirrtt. I ll:,crr. tr I I I:lilrillIltI . iIIIIII[III i t I iitiili rlllili r- NtSsS ffi; H { "[u $ T taalratrltlilrl Io'qqrli Eaa.l I: I I I I I I I I -ri.tr'lJ-.oI .i- \- An eageEent forgoutL, Bange gg wld.t,h. aad lytngceuterllao: _eEergeucy aCcoss El tustetir_est of ttro 6th prlucip"i7.5 feot ou each Efai-oe Uarcu j, Job 91147 1992 Be'lUntrlg at bo Int oa che rtght-of -wey 1luo or' an exl8ttD.' countyroad' vhenco the 'fl1taesg coruer to th,e south.weet cornur of securon,25 of aa1d, TolrnshtD aad. Beu,ge te^re J ro_ 5z-ol ;i -a588.28 f eos;tb.enco S 084A-A6 W 46.45 loeu; ttreuce 112.07 taeu sloBg tb.e B.rc ofa curve to ttrg rtght, h,svtEg a rad,lu8 of 1a6.y f eet, a cenrraraoqle of 65-+j-49, and, eubtenCtus-i- ctora b€srtD,s g 41_50-2o II115.45 f eet; tb.euce s 74-?z-15 11 20.40 f oet; -il.Ji". 101.65 f eeralong th,e arc oe a curve to the rtghL, hsvtai a-riarua of t5o.oof eet, a ceutral a!,gre of 3a-49-44t atrd. BuDrend.t!,g a ch,ord, ueirluslt g6-12-5, Y 99.72 f eet; tD.euce [ 56-48-0l y 11.85 (eet; tneuc- 1 18.67 f eet aloug tbe atc of a curyo to th,e lef t I h8.yln8 a rad.luEtof,5.00 feet, a ceu,tral 8n8le of 194-15-45, and, eubteud,lDg a chord. beartng s 15-04-07 11 59.46 feet; tDeEce s 8r-05-44 E 169.17foetl tb,once 79,io foet alouS tbe arc of a curve to th,e lEft, b,avtuS a rad.lus of 17 4,14 f eet, & ceutral angla of 12-11-31 , aud, subtand,lng a cEord. bearlng g 89-09-0, E 79,55 f eec; theuce II 8/.-14-45 E 10.71 feet; tb,eace leet aloag the arc of a curve to the rtgb.t, havLE,S a rad,lus of 40.0, feet, a cenLral aaSle ol 89-57-A7, aod. subten(l!.g a chord. be&rtD,8 s 50-16-42 E 56.59 f eet; t!,e!,ce S 05- 18-09 E 11 1 .17 tee!; theuco 3 A9-41-51 E 246.17 fseE to Ebe Dotnt Of eud.lng wb.eBce eald. vlEl.esS coraer to t!,e soutD,'reat ccrael of gocclon 25 bears S 14-20-17 Y 6185,74 feot. BocK 836 ?^t'E?564 il_qe.qtiou 24, TowughtD 7!{ertdlaE belug t5 feot-!ntbe follolvtag d,escrtbaa I I I BI I I I I I I T I I I I I I T I I I I I I I '/gdCORDED AT //Ec n il3?'L82 o. cLocRA .n. JUL 2 3 ]997 BooK r',TLONEO' NISDORFU COUNTY C,LERK AFFIDAVTT RE. BOUNDARY LINE ADruSTMENT 837 pAGE351i F I ,l I I I I I n thereof, depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit 'A" attached hereto and incorporated herein by reference. Z. We are desirous of adjusting the boundary lines of our lots and sign this AfEdavit in accordance with the Garfield Counry s-uUaivision Riguhtions of lgtf'rrr," Bcaqlary lt X?--r# 3. We hereby represent that no new lots will be createdfand therefore, Garfield County will not be required to irru" any building permits, other than what it would be required to issue for the already existing lots- 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record' 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of ".""., by road or to utilities, to any parcel of property involved' 6. We hereby represent that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTI{ER AFFTANTS SAYETI{ NOT. I DONE this Zhay of ffi-, tggz. d'tu /1nffi O^.._ q./nG. Marger-v & Martin * I I I t I I I I I Xt li' I C:\FILES\AFFIDAV.TFO . April r0,.1992 .t I-and PeveloPment CorPoration .t,I t T I I I I I I I I I I I I I I I T I I T I I I t I I I t I I I I I I I I NOTE: line. Boox E37 pTGEBS? The full legal names of the Affiants should be qrped or printed beneath each signature STATE OF COLORADO ) )ss couNTY oF GARFlrrp ) My Commission ExPires: :. " ,.-'.-. ;i -..- i i. .' -' .. . ..,,.,..,.-. .:. -,, ' ,,....,_11:: The full legal names of the Affiants should be typed or printed beneath each signature The foregoing document qas subscribed and sworn to before me in the County of Garfield, State of Colorado this.?,..1j day of-Apri!-*992by Ronatd T. Martin and Margery A. Martin Au^r-' U NOTE: line. ) )ss ) The foregoing document wiuilubscribed and sworn to before me in the County of Garfield, St"t" of C-olorado this '4 day of April, 1992 by Colorado I-and Development STATE OF COLORADO COITNTY OF GARFIELD Corporation, Scott Writer, President- C:\FILESV{FFIDA\r2.7FCl April 10.1992 "J" ' My Commission Expires: 0rl/r, 3/, /q?{ Notary Public ru.lroo,rr agg llrilrn/f ".rr?Address ' Fit d- l, I I I I I I ooox 837 pAcE353 EXHIBIT A. Ronald T,. Mdrtin MargerY A. I{artin Land DescriPtion I A grarcel o! Iand.in the's1/2 of the Nwl/4 of the =rrra,-'tnI SecCion 24, Township 7 South, Range 88 t{esc of Ehe 6Lh P.rY. and I more particularly described as follows: Bcainning aE.a poiaE:rhence.the corner comnon to SecLioni 23, I $:::: I: 3l !:::::: i3:33: 3: llt'?:"[:"'' thence S. 00 degrees 34'30' H. 331.51 feet; I thence S- 89 dcarceg 46t39- tf. 515.06 fect to ehe PoinB of I besinni':rs' COT'NTY OE GTN,EIELD I saArE oP coLoRADo I , uUox 83" mcr354 EXHIBIT'A' -- -: :i-.', ' 11 'l "-'1':'3"i';' that certain'real property described in a deed recorded.in the Offrce of ttre Clerk and : ';!|ii';..';'rrr.. ),1,1-,,,1 ;,'' :,r':,.:,'-,.'',,.ii:i-:;l :n:'-ti]:.*;.,,-"'l';i'..i',..- -.ii*Fsi1",. I I I I I 't.EC0KDiD Af 4--- 0'CLoCKY.itl. AFK rv lJJr-'EEc i 43A4l7A i!TLDRED ALSD0RFT coUNTY cLERK DEEDS AND AGREEI}TENT Brrorr 828 PAcE347I I T I I I I I I t I I I I I I I I I .?'rit, HARzuS (trereiiffitte 'ltaoi:r1ffi-*" address is 0323 County Road 104, Carbondale, Colorado BL6Z3 enter into this Agreement with the CARBONDALE LAND DEVELOPMENT CORJORATION (hereinafter'CLDC"), c/o Scott Writer, President, 39100 Highway 82, No. 11, P. O. Box 9705, Aspen, Colorado 8t6lz WITNESSETH: WHEREAS, CLDC and the Harrises are adjacent property owners in Section 25, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado; and WHEREAS, the Harrises own a lot, and the CLDC property, more particularly described in that deed recorded in the Office of the Clerk and Recorder of Garfield County in Book 819 at page 100 as Reception No. 429844 (hereinafter "CLDC Property"), is contiguous to the west of the Harrises' lot as shown in attached Exhibit A; and WHEREAS, CLDC and the Harrises would like to reach an agreement establishing the location of the boundary between their respective properties regardless of any disputes or rulings which may affect the location of said boundary; and WHEREAS, principals in CLDC are licensed Colorado real estate brokers; and WHEREAS, CLDC and the Harises share a common property line which trends north to south and east to west and forms a portion of the eastern and northern boundaries of the CLDC Property; and WHEREAS, CLDC and the Harrises, through the mutual conveyances set forth herein, intend to establish a boundary line to remain valid regardless of any disputes or nrlings which may affect the location of said boundary. NOW, THEREFORE, for and in consideration of the mutual promises and covenants, the suffrciency of which is hereby acknowledged, the parties mutuaily agree and warrant the following: 1. CLDC does hereby grant, bargain, sell, quit-claim, and convey to the Harrises. properly.along CLDC'5 eastern urd southern property lines. The properry hereby quit-claimed consists of: ' All cLDC's right, title, and interest in any and all property located east and south of the following line: A line situated in Section 25, Township 7 South, Range 88 West of the 6th P.M., C:\FIIIS\IIARRIS.tAG April 9, 1992 x\02 I I I t I I I I t I I I t t I I I T T I I I I I I I I I I I I I I I I T I I Bool( 82S ProES4E County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point whence the witness corner for the Southwest Corner o? oia-sotion 25, a stone found in place, bears South 23"39'20' West, 3937.88 feet, with all bearings relative to a bearing of North 31"L4'46u East between said witness corner and a rebi and aluminum cap marked L.S. 11204 found in place marking the North Quarter Corner of said Section 25; thence South 8g"3g,-47o West, 269.41 feet; thence, South 00o12,18" East, 842.53 feet to the point of terminus whence said witness corner bears South 25"25'45u West, 3059.27 feet' 2. The Harrises do hereby grant, bargain, quit-claim, and convey to CLDC the property along the Harrises' western and northern property lines' The property hereby quit- claimed consists of: A1l of the Harrises' right, title, and interest in any and all properfy tocated west and north of the following line: A line situated in Section 25, Township 7 South, Range 88 West of the 6th P.M.' County of Garf,reld, State of Colorado, being more particulariy described as follows: Beginning at a point whence the witness corner for the Southwest Corner for said Section 25, a stone found in place, bears South 23"39'20'West, 3937.88 feet, with all bearings relative to a bearing of North 3!" l4'46u Fast between said witness corner and a rebar and.aluminum cap marked L.s. 11204 found in place marking the North Quarter Corner of said Section 25; thence South 89'39'47/ West, 269.4L feet; thence, South 00o12'18" East' 942.53 feet to the point of terminus whence said witness corner bears South ?5"?5'45'West, 3059.27 fwl 3. The parties agree that the boundary lines established by the conveyances in paragraphs 1 and 2, above, inat not be modified or altered regardless of the outcome of any dirp,it"s o, rulings which may affect the iocation of the boundary between the parties' respective properties. ' 4. CLDC and the Harrises shall cooperate for the purpose of frling d Boundary^ Line Affidavit with Garfieid County, concerning th; conveyances provided for herein, the original of which shall be recorded with the Clerk and Recorder of Garfreld County, as required by Section 1:64 of the Garfield county subdivision Regulations. C:\FILES\HARRIS'IAG April 9, 1992 -2- I I I I I t I I I I I I I I I I I T T t I I I I I I I I I I I I I I I I I I ATTEST: BooK 82t PAcE349 5. This Agreement shall be binding upon and inure to the beneht of the heirs, successors, and assigns of the parties. G. Both parties agree to proceed in good faith and with diligence to obtain a release from any lienholdeisecuredh the properry conveyed by the parties pursuant to Paragraphs 1 and 2 of this Agreement WHEREFORE, this Agreement is entered into as of the day and year first above written. 7 '* ' 7/'rt"'''-o' Margaret&{arris CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado Corproration C:\FILESTIIARRIS.lAG April 9, f992 Charles Harris -3- T t I t I I I I t t I t I t I I I I I t I I I I I I I I I I I I I T I I I I BooK 828 PAcESSO STATE, OF COLORADO ) ) ss. ) ) ss. ) Acknowledged, subscribed, and sworn to before me this I My of April, 1992, by Charles Harris and Margaret Harris. WTINESS mY hand and official seal. STATE OF COLORADO COIINTY OF ciarfield Acknowledged, subscribed, and sworn to before me this 9u. dry of April, 1992' by Scott Writer, as prlsident, on behalf of Carbondate knd Development Corporation- .u,,,,1"''_,"',l,WrrNEss my hand and official seal. LL/8/92 :..:- -. / f ^, ( t._ . ' :-- '- .'. w I r "-i '; -," ^, .i- ,.,r.'1.t- r., .-yi,ao-mission expires: ."'-.........;..i' s'C: ^n, O"..t'-,l, .. P ,\r''rl;,, -,,,,,,1 ! rtlr' .' couNrY oF rff) C:\FIIISUIARRIS.IAG April 9, l9q2 -4- I T I I I I t I I I T I I I T I I t I I .II ,.il tf. i:i i i" ;t 'rir. t: lrrr S EPQ. I ,i$$I;i EOTF': ,titi t tl lilFl 8A tI '::l I I I i I E; gl ? .\o NE Prp . ,id .: .. i,, i). ,t ti, .il: l, l![ iri lt Itli ;,, r;;ijlri;, ili1t f vrtiryi$11iffi ffi' ii.i,., ' 1, I,: i,., ,., ,. ,' iiri ., r . ,,, . .;1 ,:i,';;;:,;i1; h:i.' t ', :;'' .:i ., .-: :i '',,::''iII"St,;ii ;' :, ;,' ;1, :, ;liii;; r .;' ;'i;ii{,i :':;.'li ii,ri1il, iji 11! ig*ffi1.,..;]1,:';iiii[iri!i;;1;;,..1}1iii,illffiti't,illiilit, 'l I s at,t'sr i I,'e,*,,,91,:il:i$i,*i, Irh* . R*,gtl- b, f,i,'l',',, ]io,N.$ 5,S, -b o{I il '',':,, :RiN,'$i,il,,N,;H,;:.' .$1$$luN'$i*r l"' i'$ rr- 1 ,,,Htl .kil'-$ bN L_ }$$fi il, g\ o.\Cr'nDd\trO c-+,,Ftr, ll ,i!iL ,i il! ri rr [].: il't t{x ll{H tdH Fl F ,,,''!l , t" rlE\i: + ' l/:/ 'i #,,r l\\ i lllt,/ l,tl//','' Wtu: I / / p/E/ 1L,.+f /r/i' / /1 /t $It' /t I t ;li II ;Iilltll :$Gl l' t, .?' I I I I t I t I I I lr 'l' I I I I I "-,,. ti[',['=hti,{42 il:ibiEo' risoonF' At"t"IDAVI"l' ltti: llOU('lt)r\ltY COUNTY CLERK L ttJli AI)JUS1'l'1EN'r BooK 8?B rurr344 I.weareE,heownersoErealPCoPercYin.lheynincorporacedareaoE GarEieId counEfr which is "a"=.riied- in ExhibiE 'A' wtrich is aEEached ;;;;a" and incorporaeed herein by reference' 2.wearedesirousoEadjuscing.cheboundaryl|nesoEourlocsand sign Ehis eiiiaaviC in acco.6.n"" *iefr Ehe Garfleld Coun.y Subdivision RegulaEions oE I984 3.WeherebyrePresent,E,haE,none9,lot,swillbecreaEedand chereEore, EhaE Cargiela C;;;Cy wifl noe Ue-required Eo issue any buildinq permiEs, oef,.I-ti]i-"i,"e iu woild be t"e'.,it"ti E'o issue Eor E'he already exiseing. Ioes 4..Hehere6yrePresenE,E,haE,.none.oEEheparcelsoEproperE,yinvolved in E.his boundary line ad jusEmenE," is- piic- of a Pceviously plaEied subdivision oE recorci. 5. We hereby EePresenE, E,haE' Ehe boundary Iine ad jusEn,renE, made reference Eo herein will-."e cause E'he loss of access by road or Eo uE,iliEies, Eo ";t-parcel of properEy involved 6.Weherebl,rePresenEE,haE,acopyoEE,hisAffidaviEt.lillberecorded r+iEh Ehe Garii.fi coinEy clerk and Recorder' FURTHER AFFIANTS SAYEAH NOE. n DoNE Ehis ?4 dav of April , Lg-gi' /) " ,%*n;f t {tt'n,!-L Charles llarris clr,.: un<lcrstgnc SFaTEFtrcrng Eirsc Fffi;-Tlte(eo(, dePose attd sc,aEe ar; f o I Iows : :_:" .o9 \" B00x 828 pAcE345 I TSTA?E Jouurv oF coLotr^oo OF GARFIELD ss lhe foregoing document,ounty oE GarfieId, SEate was subscribed and sworn E,o beEore me in EheoE Colorado t,his 9th day of April , 19 qzy Crarles lIa-rris and }Ercnret ltra:ris . T I I I I t t-8-qa ?o. 6oY, 1r Qte,t,oocr1 Stq . Co S'IPfIE OF CAIORADO COU\][Y OF GARFTT'J.T) ) l== of ?g Eot +t lan,;,ood Sq>. AoAddress 'J 8lc'oa I I I I I NoEary Publ Boot( EzS PAcE346 EXHIBIT "A" I Carbondale I-and Development Corporation Property I noo.alhx'rEH,;%"1'"T?#;"l,T#;":ri.'ffii*#;*:l'ff":iB?ff:'I#ir document is incorporated herein by this reference. I Harris Property :- t That certain real property described in a deed recorded in the Office of the Clerk and Recorder of Garfield County in Book 380 at Page 537 under Reception No. 236613, which I document is incorporated herein by this reference- I I I T I T I I I t Cr\FILEI\CLDC.2E( I APril r0' relz I L.o*o.o ^, Ab 0-clqqE t.\=-^AuC ?-7.tgg.Z REC r AAB4CO lrrLoRED rision?"" ioilrfY- cLERr 8001( '84O fi't&lg I DEEDS AND AGREEMENT ' ,1t ' I " ri-itS y#"**"'.;: %'i:";fi'J:flP*"fltrI rui&: if.lEr Carbondale, Colorado 81623, enters into this Agreement with the CARBONDALE LAND t ogvEioplr,GNr CoRpoRATIoN (hereinafter 'GLDC"), c/o scott writer, President, 39100r Highway 82, #11, P.O. Box 9705, Aspen, CO 81612' WITNESSETI{: WHEREAS, CLDC and Cerise are adjacent property owners in Sections 23,24,25 and 26, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado; and WHEREAS, Cerise owns the properry more particularly described in that deed recorded in the Office of the Clerk and Recbrder of Carneld County in Book &l at Page 297 as Reception No.lhereinafter the "Cerise's property"); and rij c.,G g4sfsr T WHEREAS, CLDC owns the properry more particularly described in that deed recorded in the office of the C1erk and Recoroir of Garfield County in Book 819 at Page 100 as Reception No. 429844 (hereinafter "CLDC property"); and WHEREAS, CLDC intends to subdivide its properfy; and WHEREAS, a third party is disputing the location of Section Corner 23,24,25, and26, Township 7 South, Range 88 West of the 6th P.M., Garheld County, Colorado; and WHEREAS, this claim by the third party creates a property line dispute between the CLDC property to the north and cerise's properry to the south; and WHEREAS, this dispute involving the section corner is currently under consideration by the Interior Board of I-and Appeals ([BLA), Citation No. 91-22; and WHEREAS, CLDC and Cerise would like to reach an agreement establishing the locadon of the disputed line regardless of the pending ruling of the IBLA; and WHEREAS, principals in CLDC are Iicensed Colorado real estate brokers; and t I I I I I I I I I I I I I I C:\FILES\CLDCI.2AG tt{2t, lWz t t I T I I I I I I I t t I t T I I I I I I I t I I I I B00r( E4O ruc[&31 WHEREAS, CLDC and Cerise, through the mutual conveyances set forth herein, intend to establish a boundary line to remain valid regardless of any ruling by the IBLA; and WHEREAS, CLDC and Cerise mutually represent that the conveyances provided for herein are free and clear of any mortgage and deed of trust for the benefit of a third party. NOW, THEREFORE, for and in consideration of the mutual promises and covenants, the sufficiency of which is hereby acknowledged, the parties mutually agree and warrant the following: 1. CLDC does hereby remise, release, sell, convey and quit-claim to Cerise, property along CLDC,s southern property line. The property hereby quit-claimed consists of: All CLDC's right, title and int€rest in any and all property located South of the following line: A line situated in Section 25, Township 7 South, Range 88 West of the 6th P.M., County of Garfield, state of colorado, being more particularly described as follows: Beginning at a point whence the witness corner for the Southwest corner of said Section 25, a stone found in place, bears South 03o59,00, West, 28&.52 feet, with atl bearings relative to a bearing of North 31" 14'46' East between said witness corner and a rebar and aluminum cap markeri L.S. 11204 marking the North l./4 corner of said Section 25; thence South 64"42'38" fust, tl2.g4 feet, along the southerly boundary of county Road No. 104; thence South 63"24',41',Fqsl, $f.12 fet, along the southerly boundary of County Road No. 104; thence South 60"21'03" East, 13.74 feet, along the southerly boundary of county Road No. 104; thence South 89"23', 11" East, t23.62feet; thence South ffiozl'03u .East, 18.72 feet, along the northerly boundary of county Road No. 104; thence 90.64 feet along the arc of a curve to the left, having a radius of 164.23 feet, a central angle of 31"3'.7',!7" , znd subtending a chord bearing South 76ow'4lu East, 89.49 feet, along the northerly boundary of county Road No. 104; thence North 88"01,40' Fast, 59.79 feet, along the northerly boundary of County Road No. 104; thence, North 00o00'00" Fast,26'87 feet the point of terminus whence said witness corner bears South L3'22'38' West, 2847.14 feet. 2. Cerise does hereby remise, release, sell, convey and quit-claim to CLDC, property along Cerise's northerly property line. The property hereby quit-claimed consists of: I I t I I I I t I I I C:\FIIIS\CLDC!.AG Juty2t. lWz -2- I t I I I I I I I I I I I I t I I t All cerise's right, title and interest in any and all properfy located North of the following line: A line situated in Section 25, Township 7 South, Range 88 West of the 6th P.M., County of Garfield, state of colorado, being more particularly described as follows: Beginning at a point whence the witness corner for the Southwest corner of saia Section 25, a stone found in place, bears South 03"59'00' west, 28&.52 feet, with all bearings relative to a bearing of North 31"14'46n F^st between said witness corner and a rebar and aluminum qrp marked L.s. 11204 marking the North 1/4 corner of said Section 25; thence South &"42'38' fust, ll2.g4 feet, along the southerly boundary of County Road No. 104; thence South 63"24',4Lu F^st, 66. 12 fet, along the southerly boundary of county Road No. 104; thence south 60"21',03" East, L3.74 feet, along the southerly boundary of county Road No. 1&t; thence South 89"23', 11" Fast, 123.62 feet; thence South ffi"21'03u East, 18.72 feet, along the northerly boundary of county Road No. 104; thence 90.& feet along the arc of a curve to the left, having a radius of 164.23 feet, a central angle of 3l"T-'L7o , -and subtending a chord bearing South 76oD',4lu East, 89.49 feet, along the northeriy boundary of County Road No. 104; thence North 88"01'40' F-rst, J$.19 fet, along the northerly boundary of county Road No. 104; thence, North 00o00'00" East,26.87 feet the point of terminus whence said witness corner bears South 13"22'38' West, 28l7 -14 feet- 3. The parties agree that the conveyances of the properties described above shall be valid and binding iegardlesi of the outcome of *," IBLA Appeal currently pending, and that regardless of thi outco*" of the IBLA Appeal, the boundary lines established by the .o-nr"y-""s in paragraphs I and 2 above benv&n Cerise's Properry and gttOC property shall not be modified o. .lt"r"d in any way as a result of the outcome of said IBLA Appeal, or any other survey adjustment by *i other governmental entity. The parties further agree this Agreement rnrft U" consideied - "gt "*"nt entered into pursuant to C-R.S. $3844-1L2' T\e mip attached as Exhibit "A" and inJorporated herein by this reference shows the boundary line established by thb_quit-claim deeds provided for herein- 4. C1OC and Cerise shall cooperate for the purpose of filing a boundary line affidavit with Garfield County concerning the conveyances provided for herein, the original of which shall be recorded with the Clerk and Recorder of Garfield County, as required by Section l:64 of the Garfield County Subdivision Regulations. C:\FIIIS\CLDC2.2AG Iluly 2t, lWz -J- I t I I I I I I I t t I t I I t I I I Boot( 640 PaGE333 5. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties. CLIFFORD CERISE RANCH CO., a limited PartrrershiP Date: t-/P- 7A Bv CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado corporation nTTBST: -ilb Secro6ry c:\FILES\CLDC2.2AG ,t*y 2t, gn 4- ,l l:l I ]l ) ) ss. ) -5- by Scott Writer, Carbondale I-and C:\FILES\CU)C2.2AG \*y2t,tWL CouNrY or $acfietc\ I I I I I I I I I I I I I I t orlol( 640 rAcE334 STATE OF COLORADO ) ) ss. coIlNTY OF GARFIELD ) Aclnowledged, subscribed, and sworn to before me this 12th day of August , 1992, by the Clifford Cerise Ranch Company, a limited partrrership, by CI ifford Cerise , General Parher. my hand and official seal. STATE OF COLORADO Acknowledged, subscrib.d, T9 tY9* to before T",q-t e5-My^ot +*^l???lis iresiOent, and Ay @, as Secrearyy on behalf of Development Corporation. my hand and official seal. t t-E- Qa I t I I I t t I I I t I I I t I I t ooo( 84O ptoE335 El- *-._ |--- _ ,zg,r99zi frsfrG B s 14 o=i ts\ = il C)o t d' il t)oeI D\ (-)o il o\ p I d s G + \ lnoq s *tc)r\ hh E-{ o\ ,x O)I !s \ Sl\ Hci '=o .$s i:S/P, $d ,,/ ,S/ -tt ,/ ""b-.--, Fl-- f * * o,' **ra&if g ; i h H E I r^i\ao * . l' E f, [, l'n3 . . * * Bootr 840 mor&36 I i) AFFIDAVTI RE: BOUNDARY LINE ADruSTMENT n thereof, depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit "A" attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garfield County su-oaivision Regulations of 1984. Said adjustment being as more particularly set forth in that..rt"in document between the parties hereto entitled "Deeds and Agreement,, and recorded simultaneously herewith, which document is incorporated herein by this reference. 3. We hereby represent that no new lots will be created and therefore, Garfield County will not be requirea to isr" any building permits, other than what it would be required to issue for the already existing lots. 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record' 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss oi ""."r, by road or to utilities, to any parcel of property involved' T T I t t I I I I T I 6. We hereby represent that a copy of this Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETI{ NOT. DoNE this L{ day of /- , lgg2. Affrdavit will be recorded with the CLIFFORD CERISE RANCH CO., A I I I I I I By C:\FILES\CLDC2.2AF ltlty 28, IWZ CARBONDALE LAND DEVELOPMENT ,tl I I I I I I T I I I t I I I I I I I I Bo0r( E4O PrGt337 NOTE: The ful| legal names of the Affiants should be typed or printed beneath each signature line. STATE OF COLORADO COI]NTY OF GARFIELD The foregoing document was subscribed and sworn to before me this 12th day of Auqust , Lgg2, by the Clifford Cerise Ranch Co., a limited partrership, by Clifford Cerise , General Parher. 2-27-93 STATE OF ColoraCo ) )ss ) couNTY oF lrS etct ) )ss ) The foregoing document was and sworn to before me this a5 daY of Carbondale I:.nd Development Corporation. ?-L!qr x Qo-ceao,- Notary PublidJ L) A ?a. bot +t- Grenu-roc\ V4e Co 8l (zor Ad&bss subscribed President, Expires: lt- g q* C:\FILEI\CLDC2.2{F tuly 2t, lWl 1 10 Eiqhth Street -2- I s00r( 640 pr0E338 EXHIBIT'A' I Carbondale I:nd Development Corporation Property r That certain real property described in a deed recorded in the Office of the Clerk and ! Recorder of Garfield County in Book 819 at Page 100 as Rece,ption No. 429844, which document is incorporated herein by this reference. I Clifford Cerise Ranch Co. I That certain real properry described in a deed recorded in the Office of the Clerk and Recorder of Garfield County in look 641 at Page 297 as Reception No. 348555, which I documents is incorporated herein by this reference. T I t I t I I I t I C:\FILES\CLDC2.2AF I l*y2E,tecz I -3- ii!'X'u'45,g !/ii -h on this bday of c ' CL oCK rf . ,q. 5[l l,t I L D R E D .l L S D 0 R F r "clr"iit'r'v c:eRK T I I T I I I I I I I I I I I I I I I DEEDS AI\D AGREEMENT rtr"\rl'v t, ','| , 1992, JEAN M. BLUE ("Blue"), whose address is 040b County Road 104,Colorado 81623, enters into this Agreement with the CARBONDALE LAND DEV PMENT CORPORATION (hereinafter "CLDC"), c/o Scott Writer, President,39100Highway 82, No. 11, P. O. Box 9705, Aspen, Colorado 81612. WITNESSETH: WHEREAS, CLDC and Blue are adjacent property owners in Section 25, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado; and WHEREAS, Blue owns two (2) lots, and the CLDC property, more particularly described in that deed recorded in the Office of the Clerk and Recorder of Garfield County in Book 819 at Page 100 as Reception No. 429844 (hereinafter "CLDC Property"), is contiguous to the west and north of Blue's lots as shown in attached Exhibit A; and WHEREAS, other adjacent property owners are disputing the location of Section Corner 23,24,25, and 26, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Coiorado; and WHEREAS, this dispute is currently under consideration by the Interior Board of Land Appeals ('IBLA'), Citation No. 91-22; and WHEREAS, CLDC and Blue would like to reach an agreement establishing the location of the boundaries between their respective properties regardless of the pending ruling of the IBLA; and WHEREAS, principals in CLDC are licensed Colorado real estate brokers; and WHEREAS, CLDC and Blue share common property lines which trend north to south and east to west and form the eastern and southern boundaries of the CLDC Property. If the other adjacent landowners prevail in their IBLA appeal, the eastern boundary of the CLDC Froperty shift =;r'est ancl ihe southern boundary of the CLDC Property could shiti south; and WHEREAS, CLDC and Blue, through the mutual conveyances set forth herein, intend to establish a boundary lines to remain valid regardless of any ruling by the IBLA. NOW, THEREFORE, for and in consideration of the mutub.l promises and covenants, the sufficiency of which is hereby acknowledged, the parties mutually agree and warrant the following: 1. CLDC does hereby grant, bargain, sell, quit-claim, and convey to Blue properfy along CLDC's eastern and southern property lines. The property hereby quit-claimed consists C:\FII-ES\BLUE.IAG Llsrch 10. 1992 {, ob b. of: t I I I I I I I t I I I I I I I I I t Bt:cr( 842, ProE4C4 All CLDC's right, title, and interest in any and all property located east of the following line: A line situated in Section 25, Township 7 South, Range 88 West of the 6th P.M., County of Garfi.e1d, State of Colorado, being more particularly described as follows: Beginning at a point whence the witness corner for the Southwest Corner of said Section 25, a stone found in place, bears South 23"39'20' West, 3937.88 feet, with all bearings relative to a bearing of North 31"14'46' East between said witness corner and a rebar and aluminum cap marked L.S. 112M found in place marking the North Quarter Corner of said Section 25; thence North 03"23'51" East, 130L.62 feet to the point of terminus, whence said witness corner bears South 18"39'47u West, 5178.62 feet" A11 CLDC's right, title, and interest in any and all property located south of the following line: A line situated in Section 25, Township 7 South, Range 88 West of the 6th P.M., County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point whence the witness comer for the Southwest Corner of said Section 25, a stone found in place, bears South 13o30'1,2" West, 2821.01 feet, with atl bearing relative to a bearing of North 3t"14'46'East between said witness corner and a rebar and aluminum qrp marked L.S. 11204 marking the North Quarter Corner of said Section 25; thence, North 00o00'00" East, 26.87 feet; thence, South 89"23' 11" East, 654.95 feet to the point of terminus, whence said witness corner bears South 25o25'45' West, 3059.27 fet. 2. Blue does hereby grant, bargain, quit-claim, and convey to CLDC the property along Blue's western and northern property lines. The property hereby quit-claimed consists of: a. All-of Blue's right, title, and interest in any and all property located west of the following line: A line situated in Section 25, Township 7 South, Range 88 West of the 6th P.M., County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point whence the witness corner for the Southwest C:\FII-ES\BLUE.1AG March 10, 1992 .'l I 3. Bool( A42, p*ffi405 Corner for said Section 25, a stone found in place, bears South 23"39'20u West, 3937.88 feet, with all bearings relative to a bearing of North 31"L4'46' East behveen said witness corner and a rebar and aluminum cap marked L.S. 11204 found in place marking the North Quarter Corner of said Section 25; thence North 03"23'51" East, 1301.62 feet to the point of terminus, whence said witness corner bears South 18"39'47 " West, 5178.62 feet. A11 Blue's right, title, and interest in any and all property located North of the following line: A line situated in Section 25, Township 7 South, Range 88 West of the 6th P.M., County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point whence the witness corner for the Southwest Corner of said Section 25, a stone found in place, bears South 13"30'12" West, 2821.01 feet, with ail bearing relative to a bearing of North 31"t4'46u East, between said witness corner and a rebar and aluminum cap marked L.S. 11204 marking the North Quarter Corner of said Section 25; thence, North 00"00'00" East, 26.87 feet; thence, South 89"23' 11" East, 654.95 feet to the point of terminus, whence said witness corner bears South 25'25'45u West, 3059.27 feet. The parties agree that the conveyances of the properties described above shall be valid regardless of the outcome of the IBLA Appeal currently pending, and that regardless of the outcome of the IBLA Appeal, the boundary lines established by the conveyances in Paragraphs 1 and 2, above, between Blue's properfy and the CLDC Property shall not be modified or altered in any way .rs a result of the outcome of said IBLA Appeal, or any other survey adjustment by any other governmental entity. 4. CLDC and Blue shall cooperate for the purpose of filing a Boundary Line Affidavit with GarFreld County, concerning the conveyances provided for herein, the original of which shall be recorded with the Clerk and Recorder of Garfield County, as required by Section l:64 of the Garfield County Subdivision Regulations. 5. Both parties agree to proceed in good faith.and with diligence to obtain a release from any lienholder secured in the property conveyed by the parties pursuant to Paragraphs 1 artd 2 of this Agreement. 6. CLDC will make a promissory note in favor of Blue in the amount of $10,600.20 secured in a deed of trust for the full amount of said note on Wooden Deer l,ot No. 16 when, and if, final piat approval is granted for the Wooden Deer Subdivision by Garfield County. C:\FILES\BLUE.IAG Mreh 10, 1992 I I I I I I I I t I I I I I I I -3- I I I t I I I I I I I I I I I I I t I Briol( E42 PtoE4CG Upon the sale of I-ot 16 of the Wooden Deer Subdivision, the promissory note shall become payable in full. No interest will accrue on the principal amount of the note, and the note will contain no provision for the imposition of any penalties against CLDC. CLDC further agrees to pay dl taxes and assessments due on Lot 16 prior to its sale. 7. This Agreement and CLDC's obligations hereunder are specifically contingent upon CLDC receiving approval for a22-lot subdivision of the CLDC property. If CLDC does not receive said approval, then the parties hereto agree that the property conveyed by CLDC in Paragraph t hereof shall be quit-claimed back to CLDC by Blue upon Blue's receipt of a written notification from CLDC that application for a 22-Lot subdivision has been denied. The parties further agree that in the event CLDC does not receive approval for said 22-lot subdivision, then the property conveyed by Blue in Paragraph 2 hereof shall be quit-claimed back to Blue by CLDC immediately upon CLDC's receipt of the quit-claim from Blue of the property conveyed in Paragraph t hereof. 8. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties. WHEREFORE, this Agreement is entered into as of the day and year first above written. CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado Corporation ATTEST: C:\E:- ES\BLUE.IAG Ivhlch 10, 1992 -4- I I I I I t I I I I I I I I I I t I I I I I t I I I t I I I I I I I I I I I Brrox 842 rucE40? STATE OF COLORADO ) corNrY orJorrin$l* Acknowledged, subscribed, and sworn to before ^" rn hL STATE OF COLORADO COUNTY OF Garfleld. day or M Lss2, by Iean M. Blue. wrrNEss my hand -0 glfi:tyl_-- My Commission expires: My Commbsircn eipfres Oec.ember 27, 1994 ) ) ss" ) L992, C:\FILES\BLUE.lAG ilhrch 10, 1992 $lu'x,, TEFRY ti urnru i ,n,',.DRUMMOND.i,1'.. ir Kqui,o -5- Tlro o den De er Sttb division Boundar-v Plat A Parcei of Land Sitttated in sections 24 and 25, Ton nship 7 south, Range BB firest of the 6th P'M' cou"nty of Garfield, state of colorado Boor( 842 gm4OB A A I__J 6 tr, t 2.m I t l/ebtlaar, 4 '4nr {7 Z'l}'t\+- _ _isz'rrr I \\ 4,?lo\l-\ilE - --._ 9CbdbH4t,{ Bs I \\ . Horn's l.* \*-&44 2tn o \.\\\\\\ .I\I - {e-,- \i r';s"- b\\t.\q\ \{'€*-* ',+;-<\\ '{a.-\\ *"tF<.\\\\\\\\\\ \ {'-}-- E<-r.,*E< l **** q it atra --_r,%s_J.:___ li.t lo *ltn., Coma5* Codn S&h:$ 25 { -\\-- ---.-.-_ i.-_ \s\r\' \ \ -_.-\\\\\\\\\\\--------'- \- **bq, I2. la oln a\ --.-I?.8'= --- Lgdr., @C lbtq - q ;otuo tul MWI s deibd. - Q ir**oto to,n ., S.ctin b6- a d.arib.l GRAPHIC SCAIT ant- (urE) lB- &lL - A in li@l.t .etrol D.i4t - fr-, *i/raotiqt botd q toud ME @ ttoil aa*4Fdaq*fr-uqdbhWahp*Ftu*6& brdcGdA*aG*bhq-ddbbFbD&-h&-B J6 Nd 91 147 Wooden Deer Subdiuision,CHMU$ffi CORDON MEilM INC. TOOI CE|ND AWNUE SUTIE 2-€ cta'twooD SPHNes ,OLO&AO Er60'(JOJ) eA,-tou (Ffio e15-594t A,P€N. COLA",N oqt) o25-672f :T^ tuitnl*s sgJt::EP -M: IIIITIIIIITIIITIIII I I t t I I I I I I I I I I I I I I I RECORDED REC fr AT // *2 439U83 otcLocK,*.q.SEP 2 4 1892 trft-oneo' ltSoORr, C0Ut{TY CLERK Bl:ri:tt 8,42 pffif408 AFFIDAVIT REI BOUNDARY LINE ADJUSTMEI\T clyt , the undersigned affiants being sworn upon thereof, depose and state as follows: 1" We are the owriers of real property in the unincorporated area of Garfield County, which is described in Exhibit A attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. 3. We hereby represent that no new lots will be created and, therefore, Garfield County will not be required to issue any building permits, other than what it wouid be required to issue for the already existing lots. 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record. 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities to any parcel of property involved. 6. We hereby represent that a copy of this Affidavit will be recorded with the Garfreld County Clerk and Recorder. FIIRTHER AFFIANTS SAYETH NOT. DoNE this / f-$*tu.{Sr. ,tesz.U C:\FILES\CLDC.IAF Scptcmbcr l l, 1992 CARBONDALE LAND CORPORATION, A \b' t I I I I T I I I t I I I I I I I I T Botlt< 642 ruoE,41(f NOTE: TI{E FULL LEGAL NAMES OF THE AFFIANTS SHOULD BE TYPED OR PRINTED BENEATH EACH SIGNATURE LINE. STATE OF COLORADO ) couNTY oF!naF',r.= I "' Acknowledged, subscribed, and sworn 1992, by lean M. Blue. WTINESS my hand and official seal. to before me this ,*o^, ot'% My Commission expires: srATE OF COLORADO ) corrNrY oe G*[rkl* Acknowledged, subscribed, and sworn to before 1992, by Scott Writer, as President, on behalf of Corporation. WTINESS my hand and official seal. me this ffi^y or the Carbondale I-and My commission expire s: 1 1/l 3( /qq{ C:\FILES\CT.DC.IAF Scptcrnbcr ff, 1992 Notary Public a I I B00K EQ, prcgqll EXHIBIT A I Carbondale I-and Development Corporation Property I **",olll'3#ff1"1'"",ffffi"1,T il ;.irirrffl* #lir:lk:: ry;rr;:'I#fl document is incorporated herein by this reference. I Blue Property I That certain real property locatecl east and south oi the CLDC property described above, which is generally located in Lots 2 and 5, Section 25, Township 7 South, Range 88 West of I ffi'J:rlY,; Jl:1"ff'-:;ii: " portion or countv Assessor Parcel No' 23e3-254-oo-265 and I ll I I I il I I t t C:WLES\CLDC.IAF I scp&mbcrll.leez I -3- I' I l.,u I I T I I I I t I I I I t t I I I . [E:oRDED 1b#e5 fl;l;?!fti'l;offifl ,'i,l?+i, cLERK DooK E4O r,rcr9?O EASEMENT. DEEDS AND AGREEMENT on rhis fuo^r r, ()ff,,4,1,(, ryZz,lolN G. powERS (hereinarter "powers"), whose "dd; ffirr+ Irigr.,i@1 c^ruondale, colorado 81623, enters into this Agreement with the cARBoNDer-r Ler.rb uEvelopMENT coRPoRATIoN (hereinafter "cLDc"), c/o Scott Writer, President, 39100 Highway 82, #11, P.O. Box 9705, Aspen, CO 81612' WITNESSETH: WHEREAS, CLDC and Powers are adjacent property owners in Sections 23,24,25 and 26, Township 7 South, Range 88 West of tho6th P'M', Garfield County' Colorado; and WHEREAS, powers owns the property more particularly described in that deed recorded in the office of the Clerk and Record.r oi G*field cbunty in Book 3g5 at page2l as Reception No. 241101 (hereinafter the "Powers' property"); and WHEREAS, CLDC owns the property more particularly described in.that deed recorded in the office of the clerk and Recorair or Garfi;ld county in Book 819 at Page i00 as Reception No. 429844 (hereinafter "CLDC property"); and WHEREAS,CLDCintendstosubdivideitsproperty;and WHEREAS , a third party is disputing the location of Section Corner 23 , 24 , 25 , and 26, Township 7 South, Ra"rge A8 West of itre Oitr p.tvt., Garfield County, Colorado; and WHEREAS, this claim by the third party creates a property line dispute between the CLDC properry to the east and the Powers' property to the west; and WHEREAS, this dispute involving the section corner is currently under consideration by the Interior Board of I-and Appeals (IBLA), Citation No. 91-22; and WHEREAS, CLDC and Powers would like to reach an agreement establishing the location of the disputed line regardless of the pending ruling of the IBLA; and WHEREAS, CLDC desires to obtain an access easement through the Powers' property to County Road 103; and WHEREAS, principais in CLDC are licensed Colorado real estate brokers; and WHEREAS, CLDC and Powers, through the mutual conveyances set forth herein, intend to establish a boundary line to remain valid regardless of any ruling by the IBLA' NOW, THEREFORE, for and in consideration of the mutual promises and covenants, the sufficiency of which is hereby acknowledged, the parties mutually agr?E and warrant the C:\FILES\CLDCI.2AG Augut25, 1992 ,o%t;p I I I t I I t I I t I I t I I I I t a I I t t I I t I I I I I t I I I I I I BocK E4O prcEg?i- following: 1. CLDC does hereby remise, release, sell, convey and quit-claim to Powers, property along CLDC's property line. The property hereby quit-claimed consists of: Alt CLDC's right, title and interest in any and all property located West of the following line: A line situated in Sections 23,24,25, and 26, Township 7 South, Range 88 West of the 6th P.M., County of Garfield, state of Colorado, being more particularly described as follows: Beginning at a point whence the witness corner for the Southwest corner of Section 25, a stone found in place, bears South 03"59'00" West, 28&.52 feet with all bearings relative to a bearing of North 31" 14'46u East between said witness corner and a rebar and aluminum cap marked L.S. 11204 marking the North one-quarter corner of said Section 25; thence North 03"59'55" hst,2062.98 feet; thence North 02"58'27' West, 1196.95 feet to the point of terminus whence said witness corner bears South 02"37' 50' West, 61 17.35 feet. 2. Powers does hereby remise, release, sell, convey and quit-claim to CLDC, property along Powers' eastern property line. The property hereby quit-claimed consists of: All Powers' right, title and interest in any and all proPerty located East of the following line: A line situated in Sections 23,24,25, and 26, Township 7 South, Range 88 West of the 6th P.M., County of Garfield, State of Colorado, being more particulariy described as follows Beginning at a point whence the witness corner for the Southwest corner of Section 25, a stone found in place, bears South 03"59'00" West, 2864.52 feet with all bearings relative to a bearing of North 31,'14'46u East between said witness corner and a relar and aluminum cap marked L.S. 11204 marking the North one-quarter corner of said Section 25; thence North 03"59'55" f;1st,2062.98 feet; thence North 02"58'27'West, 1196.95 feet to the point of terminus whence said witness corner bears South 02"37'50' West, 6117.35 feet. 3. The parties agree that the conveyances of the properties described above shall be vatid and binding regardless of the outcome of the IBLA Appeat currently pending, and that C:\FILES\CLDCI.2AG Augut 19, 1992 I t I I I T I I I I t I I I I I I I I t t I I t I T I I I I I I I T I I I I B0cl( E4O plcEg'7? regardless of the outcome of the IBLA Appeal, the boundary lines established by the .o-nr"y-.es in Paragraphs t and2 above between Powers'property and CLDC property shall not be modif,red or alt"r.d in any way as a result of the outcome of said IBLA Apped, or any other survey adjustment by *i other governmental entity. The parties further agree this Agreement inAiU" consideied an agreement entered into pursuant to C.R.S. $38-44-112. The rnlp attached as Exhibit "A' and incorporated herein by this reference shows the boundary line estabtished by the quit-claim deeds provided for herein. 4. CLDC and Powers shail cooperate for the purpose of filing a boundary line affidavit with Garfield County concerning the conveyances provided for herein, the original of which shall be recorded with ihe Clerk and Recorder of Garfield County, as required by Section 1:64 of the Garfield County Subdivision Regulations. 5. powers does hereby remise, release, sell, convey and quit-claim to CLDC an easement for the purpose of providing access from the CLDC property to County Road 103, the legal description ior which is shown on Exhibit "B" attached hereto and incorporated herein by this referenie. CLDC shall construct, at its sole expense, any road necessary to utilize the access easement conveyed herein. CLDC, or its successors, shail revegetate all disturbed areas and shall maintain such easement in an authentic manner. 6. CLDC does hereby remise, release, sell, convey and quit-claim to Powers all of its right, title and interest in and to the Kelly Ditch No. 2 water right, Priority No. 456, adjudicated on August 25, 1949, in the Garfield County District Court. 7. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties- ATTEST: Cr\FII E's\ClrCl.2AG Augrutlg,'1992 : '.: . r:.. r.'..i''1 CARBONDALE LAND DEVELOPMENT CORPORATION, a Co Secretary -J- srArE oF 3uLoeax o ) couNrY or &"{,^u 4 I "' --AC- a t Acknowledged, subscribed, and sworn to before nethis-ZLAaay of (1fi| , t+t ,Igg2, by John G. Poweri. 0 WITNESS my hand and official seal. My Commission expires: $'i: ::iH..i= z=4:.. puBLtC -..." j '.qirs,'o ci,- ty- ? 2 Brtot< 84-O prctS'73 STATE OF COLORADO COT]NTY OF ) ) ss. ) Acknowledged, subscribed, and sworn to before me this ZtO^, of frr/-Lr ,lgg2, by Scott Writer, as President, and by f,zonn, 6. drilrr, as S"ctE,-.n Uehalf of Carbondale Land Development Corporation. WTINESS my hand and officiai seal. Notary Public C:\FII.ES\CLDCI.2AG Augut 19; l9Y2'' .-4- ffi !liilil fiiiir. lil'i.1 iili I I I I I I L,lt: tl, I),l-r.. ;l 1lr. (-) l-t ,J I I I ,i I,l.tl-tJ.t--!'_---- ltror ilil I I I , l, I I \I'' I'. , I '', -i i$ r Ji,t,, IlI ri il il \li flii r! I 'i I', ,[r i,!, irli [ir Jili Jili iti I :ll ili) I ,;"f l! . !r I,:;: I iut'i ir\ , I Ii , \iI I I !r,.' I I !\ .'t lr \ao Hri-'b," h.. P .t s)oA*-ra*l hD I I It.tt I I l,L tilt I I.t II ., I j' I I I i, !l.t|,i :,iii I I I ii'rl I =1'..o...or).. tt, l-l \\ I .t.1. iiltttr t: ii ,ttti' ll .'t t. :.tt ,' Ittt .'ttitl ; ,l' Ii,l' t .:l i,it ' 'll't, ,l l I l I I I,l I I I Ilttttl I , i) I I I I I II'[" lll ;;;"' [,ltll-- li ,i ih l ilis.=r.qt,, li . -'lri*=1'it; *o':=i 11 I r-o ii,lil,./t iit .=-===liiJ ''i;l''':, ,',1 ;' '\, \ t\ I li /,1$ .ii *,/' ;,t ' ; ',, ii , / 1,,, ,fi ,flr .l-l,1 ,t . ,'',il fliiiii ;, I I I I I I It rl iJ,i ,' ' e.'aa mL tF't,3 ;€ ','1)' .rfl' f,l . r). t' ';Cr l. ill I I tt I i r' .' rii;l '/ , ;; {/ lt,.' I I I ,l 'jl rl ,1 I T T ;I ,:I I ; :l I I :l I I Boo!( 81tO rlctg?S EXHIBIT "B" Leea-l Description: An access easement situated in Sections 25 and 26, Township 7 South, Range 88 West of the 6th P.M., said easement being 100 feet wide, 50 feet on each side of the foilowing described centerline: Beginning at a point whence the witness corner for the Southwest .o*", of oia Section 25 bears South 02"49' 10" West, 3749.24 feet; thence south 84"34',55u East, 10.00 feet; thence 67.92 feet Aong the arc of a curve to the right, having a radius of 60.00 feet, " ""-nr*i angie of 64'5 L'24u, and subtending a chord bearing South 52"09;L3'Fas1, Sz[.]J feet; thence South 19"43'31" East' 32.18 feet to the point of terminus whence said witness corner bears South 03'59'12" West, 3682.90 feet' C:\FILES\CLDCl.2E( tuny 9, lgcl .:, I,:riaCJfiDiD iT ///u RE c r .4,'J8j{;63_ o' cl-c i,<{f .,4. our' 14ILDRED ALSDCRFz COUNTY CLERK I I ,") I I I t I I T I I T I I I I t I Boott t40 plr;rlJ'76 AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT the undersigned affiants being f,rrst sworn upon thereof, depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit "A" attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garf,reld County Subdivision Regulations of 1984. 3. We hereby represent that no new lots will be created and therefore, Garf,reld County will not be required to issue any building permits, other than what it would be required to issue for the already existing lots. 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record. 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel of property involved. 6. We hereby represent that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. FI]RTHER AFFIANTS SAYETH DONE nis ? /Aaay of ,tgfu C:\FILES\CLDCl.2AF Augut 19, l9Y2 CARBONDALE LAND DEVELOPMENT \5'? BocK t1trO PrEt3"77 NOTE: The full legal names of the Affiants should be typed or printed beneath each signature line. STATEOF CaLOR4bO couNrY oF Gn'{'"i& ) )ss ) fhE foregoing document was subscribed and sworn to before me this &^, * Au*^4. ,iggi, by John G. Powers. (J q.- /.? -,lS' 8 16 , , i rp Clu, ,nJ SF"*fAddress / (Dt ?/ / a ll/ v STATE oF Cn/r.o/, couNrY oF G^r{"/L ) )ss ) 4 ,Th-e foregoing document was subscribed and sworn to before me this Zda^V ot 3i t , 1992, by Scott Writer, President, Carbondale I-a.nd Development Corporation. My Commission Expires: /./L, 3// /??{ C:\FILEi\CLDCl.2AF Augurt 19, 1992 Notary Public Notarv Public 4q.O*4rrzotu I I I T t I I I Btrrx E4O nff9?8 EXHIBIT 'A' Carbondale Land Development Corporation Property That certain real property described in a deed recorded in the Office of the Clerk and Recorder of Garfiela County in gook 819 at Page 100 as Reception No. 429844, which document is incorporated herein by this reference. John G. Powers Property That certain real property described in a deed recorded in the Office of the Clerk and Recorder of Garfield County in Book 395 at Page 2l as Reception No. 24ll0l, which documents is incorporated herein by this reference. t :l t I I I t -3- T I I I I I t I I I I I I t I I I I I FEcoRD€D Ar /3c 0rcLocKP.p'SlP B I!9?nEa-'i-'-rfegZm; n:t-onro nLso0RFr c0uNrY cLERK B,CX t41 p!,3[1-3C AGREE}IENT AND BARGAIN AIYD SALE DEEDS on this 6 day of kqrtP , rggz,wILLIAM N. JoHNsoN AND MARILEE R. IOHI.ISON (hffinafrlr "theldfiiiln$'), y-hoF Ldgryls is 816 West Hallam, Aspen, Colorado 8161i enter into this Agreement with the CARBONDALE LAND ngvffOpMENT COnpOneftdN @ereinafter "CLDC"), c/o_Scott Writer, President, 39i00 Highway 82, No. 11, P.O. Box 9705, Aspen, Colorado 816L2. WITNESSETH: WHEREAS, CLDC and the fohnsons are adjacent properfy owners in Section 24, Township /!o-rtt,'n-ge 88 West of the 6th P.M., GarfieldCodnty, Colorado; and WHEREAS, the Johnsons own the property more particular_ly described as lot 1-,. fohnson Bi"-pti"" it"t i""orAing to the Piat ttreri:of recorded as Rirception No- 40t126 ti the office of th:e Clerk and Recorder of Garfreld County; and Whereas, CLDC owns the property more particularly Oqt.t-U{ jn ttgt deed recorded in the Offrce oi'tte Ctert anA necbrOir o'f CarReid County-in Book 819 at Page 100 as Dcnanrinn Na 4?eR4t (hereintfter "CI-I)C Prooertv"). which CLDC Property lies westReception No. 429844 (hereinafter 'CLDC Property"),CLDC Property lies west of u"A dontiguous to the ldhnsons' lot as shown on attached Exhibit A; and WHEREAS, other adjacent property owners are_ lis_puting-the location of Section Corner iii+ ZS,'and26, fownstiip ? S6uth, Range 88 West of the 6th P.M., Garfield County, Colorado; and WHEREAS, this dispute is currenfly under consideration by the Interior Board of knd Appeals ("IBLA'), Cltation No. 91-22; and WHEREAS, CLDC and the Johnsons would like to reach an agreement establtlhing the location of the Lgunarry between their respective properties regardless of the pending ruling of the IBLA; and WHEREAS, principals in CLDC are licensed Colorado real estate brokers; and WHEREAS, CLDC and the Johnsons share a common proPgfu line which trends north to *utt *d iorms a portion of the eastern boundary of flte CIDC Property. IJ-t!p^ ;d; ia:i".rt i-do*r,"rs frevail in their IBLA appeal, tf,e eastern boundary of the CLDC Property could shift west; and herein, IBLA. WHEREAS, CLDC and the Johnsons, through thg mutual_ conveyances.set forth intenO to establish a boundary line to remain valid regardless of any ruling by the NOW, THEREFORE, for and in consideration of the mutual promises ald_covenants, ttre suffrciency of*tich is hdreby acknowledged, the parties mutually agree as follows: 1. CLDC does hereby remise, release, bargain, sell and conYey to the fohnsons and to their heirs, .u.."r*rc and assigns'forever the following described portion of the CLDC Property, together with all aPpurtenances, to wit: obf' I I I I I I t t I t I I I I I I I I I I I I I I I I I I I I I I I I I I I I BooK 841 PtcE131.- All of CLDC's right, titte and interest in any and all property lying-eait of the following line:. A linti situated in S-ection 24, Township 7 South, Range 88 West of the 6th P.lvI:, County of GarEeld, State of Colorado, being more particularly described as follows: Beeinnine at a point whence the witness corner for-the S6uthw6st Corner of Section 25, Township 7 South, Range 88 West of the 6th P-.M:r a stone found in place, bears South 15o30'38' West, 6121.13 ieet, with all bearings relative to a bearing of North 31"L4'46 llast between said witnesl corner and a rebar and aluminum cap marked L.S. 11204 found in place marking the North Quarter Corner of said Section 25; thence. North 8Do40'49'West, 57.96 feet; thence, North 00"42'53" Fast, 280.52 fexlt to the point of terminus whence said witness corner bears South 14"21'53" West, 6378.44 fwt- 2. The Iohnsons do hereby remise, release, !*ggn,. sell and convey to CUDC and to its successors and assigns forever the following described property together wlth arr appurtenances, to wit: All of the Johnsons' right, title and interest in any and all property lying west oflhe following line: A line iituitea-in Sedtion 24, Township 7 South, Range 88 West of the 6th P.M.., County of GarEeld, State of Colorado, being more particularty described as follows: Beginning at a point whence the witness corner for-the S6uthw6st Corner of Section 25, Township 7 South, Range 88 West of the 6th l-.-M:r a stone found in place, bears South 15'30'38' West, 6121.13 ieet, with all bearings relative to a bearing of North 31"14'46 Ihst betrreen said witnesi corner and a rebar and aluminum cap marked L.S. 11.204 found in place marking the North Quarter Corner of said Section 25; thence. Norttr 8D'40'49" West, 57,96 feet; thence, North N"42'53" East, 280.52 feet to the po-int of- terminus whence said witness corner bears South L4"2i'53" West, 6378.44 fet. 3. The parties agree that the foregoing conveyances are intended to and shall have the-effect olri"t"tow-B*i.i" ;d sate ieedi, that they sh4l be valid regardless of the oot**" of the BiA At#n c-urrently pending, aiO ttrat rdgardtess of the outcome of the mi-n Appe"f, tn" Uorn-6ia-fin"s eita'Utisnea Ul^$lgryveylnces,in,,Parag3phs 1. and 2, ;;;,-b'Jt*;n ttreiltrn;ir; prop"tty ^ta ttJCLDC Proircrty shall notte modified or I I I I t I I I I I I t I I t I I I t I I t I I I I I t I I I t t I I I I I Bocl( t'X1 PtnE -L3? altered in any way as a result of the outcome of said IBLA Appeal, or any other survey adjustment Ui'*i other governmental entity' 4. CLDC and the fohnsons shall cooperate for the purpose.of filing.a Boundary Line Affidavit with -Garnerd County, .onC"rning the cgnvevan,bs provided for herein, the orieinal of which shall be recorded *it, ttl Cl5rk and Recbrder of Garfield County, as ;4""il4 b'y S."tion i.6+ of the Garfield County Subdivision Regulations' 5. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties. WHEREFORE, this Agreement is entered into as of the day and year fust above written. ATTEST: I I t I I t I I I T I I I I I I I I I I I I I I I I I I I I I t I I I I I I Bostt 8,11 ptCE'! 3-i srATE OF COLORADO ) couNrY oF 6o,frrUl ] tt' Witness my hand and official seal- ..'My Commission expres: I t-8-Q) s / Acknowledged, subscribed and sworn to be-fore-me this ZtS/ day of A.ur/ ,lgg2, U-y wittiam N. Johnson and Marilee R' rohnson' Witness my hand and official seal. My Commission expires: / 4/rr gt, tqqr srATE OF COLORADO )) ss. COI'NTY OF GARFIELD ) @ratibn. Acknowledged, subscribed, and sworn to before m9 !his_ 4:day of Cu,a,,^tA-, tgbZ,iy iscott Writei as President of Carbondale Iard Development 4 I I t I T T I I I I I t I I t I t I I ry IJr! l4J(_, q- ?.,1t1 00 :< aao I n"ot ond copI L.s. t t2o4 Hommesflrrl colrrl rdlXI frl I __A_ A E ---Rabor-ond-CoP-qlLS. 19598 I Rebor ond Cop L.S. J092 I r-l *-- 280.52'=.- =_s_1*o"!J'*'- -------- x Joh n son s 00'42'5J" W -aif;;E "..__ s 01'10'1r 35 q L td a tO + EI A rIIrr-"r-rIII I t I I I T I I I t t t I I I I I I t FEc0RDED $ / 3r o' cLoc{/ ..{r -SEP 3^..i9.!2 I [:;"]--- dib?$rj prriinEb" nIsDo'f iz c0u\rY cLERK AFFIDAVTT RE: BOI]NDARY LINE AD.TUSTMET.{T Bcrtt E1U prcEl-35 I 1,.," .14 I I I I I I t t T T T I I I I I The undersigned affiants, being first sworn upon their oaths, depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfreld County, which is described in Exhibit "Ai' attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our properties^and sign this Affidavit in accordance with the Garfield eounty Subdivision Regulations of 1984. 3. We hereby represent that no new lots will be created and therefore, Garfield County will not be required'to issue any building permits, other than what it would be requirEd to issue for the already existing lots. 4. We hereby represent that the boundary line adjustment made reference to herein will not cause thd losi of access by road or tri utilities, to any parcel of property involved. 5. We hereby represent that a copy of this Affrdavit will be recorded with the Garfield County Clerk and Recorder. FURTI{ER AFFIANTS SAYETH NOT. D6NE tns L{ day of *-j,s * , tgg2.'-- ,q'y qA*- Carbondale I-and Development I I I I T I t I I I T I t I I T I t I T I I I T I T I I t T t I I I I I I BOcl< 841 prc;l*36 STATE OF COLORADO ) couNrY oF GARFTELD ] ,'' The foregoing document was subspribed and sworn to bpfore me in the _9gt4ty of G_arfield, State of Colorado this Z/5r day of Ano ^s/ , 1992, by Witliam N. Iohnson and Marilee R. Johnsonl STATE OF COLORADO ) co,NrY oF GARFTELD ] ss' o (1oX +r Q1sr,uLelC S{*, C<; ?tQ,a> M 99t6. I I I I I I I I I I I I I I t I I I I Boott 841 prcr13? 1. 2. EXHIBIT A William N. Iohnson and Marilee R. Johnson Property: I,ot 1, Johnson Exemption P!a!''4co1diqe.t9 the Plat thereof recorded as Receptiori No. 401126, Garfield county, colorado. Carbondale I-and Development Corporation Property: That certain real propefi described in a deed recorded in the Oince of tte Cterk and necorder of Garfield County in Book 819 at Page 100 under Reception No. 429844, which document is incorporated herein by this reference. 'l I I I I I I t I I I I I t I I I I I I I I I I I I I I I I t I I I I I f; r E'l o' o d$s 6{ ff ; lbf; E5 4i H a oEP, l,t,rflY, c L E R K t" I DEEDS AND AGREEMENT on this /b-day o6fu., tgsz,MIcHAEL N. HAMMES AND LENoRE L. HAMMpS Gereinafter "Hffim-es';;whose address is 1490 Broolside Common, Annapolis, Maryland 48013, enter into this Agreement with the CARBONDALE LAND DEVELOPMENT CORPORATION (hereinafter "CLDC"), c/o Scott Writer, President, 39100 Highway 82, No. 11, P. O. Box 9705, Aspen, Colorado 81612 WITNESSETH: WHEREAS, CLDC and the Hammes are adjacent property owners in Section 24, Township 7 South, Range 88 West of the 6th P.M., Gartleld County, Colorado; and WHEREAS, the Hammes own a lot, and the CLDC property, more particularly described in that deed recorded in the Office of the Clerk and Recorder of Garfield County in Book 819 at Page 100 as Reception No. 429844 (hereinafter "CLDC Property");is contiguous to the west of the Hammes' lot as shown in attached Exhibit A; and WHEREAS, CLDC and the Hammes would like to reach an agreement establishing the location of the boundary between their respective properties regardless of any disputes or rulings which may affect the location of said boundary; and WHEREAS, principals in CLDC are licensed Colorado real estate brokers; and WHEREAS, CLDC and the Hammes share a common property line which trends north to south and forms a portion of the qrstern boundary of the CLDC Property; and WHEREAS, CLDC and the Hammes, through the mutual conveyances set forth herein, intend to establish a boundary line to remain valid regardless of any disputes or rulings which may affect the location of said boundary. NOW, THEREFORE, for and in consideration of the mutual promises and covenants, the sufficiency of which is hereby acknowledged, the parties mutually agree and warrant the following: 1. CLDC does hereby remise, release, sell, convey, and quit-claim to the Hammes property along CLDC's eastern property line. The property hereby quit-claimed consists of: All CLDC's right, title, and interesi in any and atl property located east of the following line: A line situated in Section 24, Township 7 South, Range 88 West of the 6th P.M., County of Garfield, State of Colorado, being more particularly described as follows: C:\FIL-ES\HAMMES.IAG Scptabcr2, 1992 Brrcit t+_L pr,r;t4ES LT,q-J I I I I I t I t I I I I I I I I I I I Brrox 841 pAcr4SC Beginning at a point whence the witness corner for the Southwest Corner of Section 25, Township 7 South, Range 88 West of the 6th P.M., a stone found in place, bears South 18"39'47' West, 5178.62 feet, with all bearings relative to a bearing of North 3!"14'46' East between said witness corner and a rebar and aluminum cap marked L.S. 11204 found in place marking the No*h Quarter Corner of said Section 25; thence North 01'10'13" west, 992.09 feet to the point of terminus, whence said witness corner bears South 15'30'38" West, 6L2I.13 feet. The Hammes do hereby remise, release, sell, conveY, and quit-claim to CLDC along the Hammes' western property line. The property hereby quit-claimed All of the Hammes' right, title, and interest in any and all property located west of the following line: A line situated in Section 24, Township 7 South, Range 88 West of the 6th P-M., County of Garfield, State of Colorado, being more particularly described as follows: 2. the property consists ofi C:\FILES\HAMMES.IAG Scptrobcr 2, 1992 Beginning at a point whence the witness corner for the Southwest Corner for Section 25, Township 7 South, Range 88 West of the 6th P.M., a stone found in place, bears South 18o39'47'West, 5178.62 feet, with all bearings relative to a bearing of North 31"14'46' East between said witness corner and a rebar and aluminum cap marked L.s. 11204 found in place marking the North Quarter Corner of said Section 25; thence North 01o 10'13' West, 992.09 feet to the point of terminus, whence said witness corner bears South 15'30'38" West, 6121.13 feet. 3. The parties agree that the boundary lines established by the conveyances in Paragraphs 1 and 2, above, shall not be modified or altered regardless of the outcome of any disputeior nrlings which may affect the location of the boundary between the parties' respective properties. 4. CLDC and the Hammes shall cooperate for the pulpose of hling a Boundary Line Affidavit with Garfield County, concerning the conveyances provided for herein, the original of which shall be,recorded with the Clerk and Recorder of Garfield County, as required by Section 1:64 of the Garfield County Subdivision Regulations. 5. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties. - /-- I I I I I I I I t I I I I I t I I I I Bcor( 841- r!ff4s.l- 6. Both parties agree to proceed in good faith and with diligence to obtain a release from any lienholdeisecured in the property conveyed by the parties pursuant to Paragraphs 1 and 2 of this Agreement. WHEREFORE, this Agreement is entered into as of the day and year first above written. , ,',^l 1 l '/rr-c,/la.r, , 'l ,hr,'rrr-- CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado Corporation C:\FIITS\HAMMES.IAG Sc41^brrz, l9Y2 Michael N. Hammes I I I I I I I I T I I I I I I I I I I BooK 841 ?rc[48? vJ- STATE OF COTORADO COUNTY OF Acknowledged,subscribed,andsworntobeforemethis-day,ffi,of,?,, by Michael N. Hammes and Lenore L. Hammes. WTINESS my hand and official seal. My Commission expires: {-4' ) ) ss. ) srArE rrm4'1 couNrY oe 6arlr/f"' Acknowledged, subscribed, and sworn to before me this EOry o,%41"', by Scott Writer, as President, on behalf of Carbondale Land Development Corporation. WTINESS my hand and official seal. My Commission expires: C:\FIIIS\HAMMES.IAG Sqtabcr2, 1992 Notary Public -4- I t I I I I I I T t I I I I I I I I-l ll rl lrl lrl lr lr lr lr BotlK 84,1 nm493 Exhibit A Hommes Froperty a oo5 N C.'I UJ € Rebor ond CoP L.S. I 1201 Hommes Rec. { 4loooo Lcgend and Notcs: - tr indicotcs found monumcnt as dcsalbod' - Suruay Oricntotion bascd on found monumants as shovn' Aluminum CoP L.S. 2J76 w t/16s 24/2s Found Stone Mtness Comer S.W, 5ec.25 r. 7s.,R.88W.,6th. P.M. Gorfield CountY, Co. I l,-, ta /t d/$.Y it SCHMUESER GORDON MEYER, I OO I GRAND AVE., SUTE 2_E GLENWOOD SPRINGS, CO. 8 I 601 (sos) e45-too4 4 sTlRvElORS EN6/NEFfS tulinum cop L.Sl4iJ47 -w t/16s 24/2s INC. fiHIIU6ER GOffiON UEYER q n+1 I t I T I I T T I T T T I T I I I t I .9 1T Irrl ,4 il iil I I I I I I t t I t I T T T t I FEc of; DED .dT I / e F€c o 43g8gt o' ct-ocxfr.n. SEP 1 4 l9q2 tlft-Onfo' lt-SDORFe COUNTY CLERK AFT"IDAVIT RE: BOTINDARY LIIIE ADJUSTMENT Btrclt S41 rrci4Sa The undersigned Affiants being first sworn upon thereof, depose and state as follows: 1. We are the owners of real properfy in the unincorporated area of Garfield County, which is described in Exhibit "A" attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garheld county Subdivision Regulations of 1994. 3- We hereby represent that no new lots wilt be created and therefore, Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing lots. 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record.- 5. We hereby represent that the boundary line adjustment made reference to hereinwill not cause the loss of access by road or to utilities, to any parcel of property involved. 6- We hereby represent that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTI{ER AFFIANTS SAYETH NOT. DONE tnis //4 day of September , t9g2. -1-t . ,Iil'/. .,.t,/, ^ / ,/ ./4.24'ztl{ta-, I /t- i_t,t 11t \bo CARBONDALE LAND DEVELOPMENT :l rl rl rl I I I I STATE or'D*r.il,*,< ) -couNTy o, 4rr*r- ltt' o-^*^-rl ;', document was subscribed and sworn to before me thisSeptember, 1992, by Michael N. Hammes and Lenore L. Hammes. WITNESS my hand and official seal. My commission expire , , % Bucr( E4t Prrr495 day of/ +TTZ/---/.srArE oe fr,reB,w{T couNry oF GARFTELD I ss' The foregoing document was subscribed and sworn to before me this /&-day ofSeptember, 1992, by scott writer as President of colorado I-and Development corporation, aColorado corporation. Notary Public Notary Public WITNESS my hand and offrcial seal. My commission expires: /r//, g/, /?{ - I I I I I I I I I I I I I I I I I I I lr lr l,rl I I T t T I t I I T B0ct< E4l_ gcr4$6 EXFJ611'tt4t' That certai'.'-4 properU described in a deed recorded in the office of the cterk andRecorder of Garfreld county in Book 819- at Page 10o under Reception No. 429g44, whichdocument is incorporated heiein by this referencel Hammes ProErerty A parcel of land situated in SYzN%SE:%SW:% and the s%sE%SwZ+ of Secti on 24,Township 7 south, Range 88 west of the sixth Principu vrerioian, Garfield county, colorado,said parcel of land is described as follows: Beginning at a rock-fo-und in p.1Tg Tdproperly marked for the south euarter corner 9f said section 24; thence N. 89'03'0+ " w. zgi.qO fd along the southeriy iin" of said Section24 to the True Point of Beginning; thence N. 89'03'04' w- 961.9g feet along the southerly lineof said section 24 to the southwest corner of said sE%sw7+; thence N. 00"24,49' w. gg3.g7feet along the westerly line of said SE%sw%; thence s. gg"14'09, E. gg2.5g feet along thenortherly line of said SYzN%SE%sw%; thence s. 00"+6i35' w. 996.g6 feet to the True pointof Beginning. I I I I I I I I I I I I I I I I I I I ST{rE OFCOLOIUDO Roy Romer, Covernor Patti Shwayder, Executive Director Dedicated to protecting and improving the health and environnent of the people of colorado Crand Junction Reeional Office 222 S.6th Street, doom 232 Crand Junction, Colorado 81 SO't -27 68 Fax (970) 248-7198 April 15, 1998 Wooden Deer Subdivision Att: Mr. Davis Farrar 0165 Basalt Mtn. Drive Carbondale, CO 81623 Re: Routine Inspection of Water Treatment Dear Mr. Farrar: Facility, PWSID# 123960, Garfield County Colorado Dcpartrnent of Public Health andEnvimnment Enclosed is your copy of the listed report form for the inspection done on March 31, 199g. Thefollowing items were noted during the inspection and neea to be brought to vou. attention. l. A written bacteria sample siting plan is required under Article 3.1.1(l)(a) of the-.leqlgadaPrimary Drinking Water Regulations. 2' Information is needed fully to calculate the chlorine contact time. please show the pipelength and diameter from the chlorine injection point to the first water user; or show astorage tank pipe detail if a separate untapped pipeline was constructed from the chlorineinjection point to the tank. 3' We suggest that a map be developed for the distribution system that includes importantinformation such as pipe size and valve locations. Thank you for your time and cooperation. Should you have any questions, please contact me at(e70) 248-7re9. Sincerely, Robert Cribbs Engineering Technician Water Quality Control Division CC: Garfield County Health Department Dick Bowman, p.E, D.E., Technical Service Unit, WeCD Erica Kannely, Compliance and Data Management, WeCD File '0 r'n ltri n t'ec!:o4..." J5.,'9;rS' t23860 d N*€t €_.aJ !_aN ..-.".!1 €', [! Q 8 t C*6arfielcl - #f,ugre /ft;guJ;r r J.r,, .5cl.le.clcr j t;c/ Count,y: tjar.l,ield )'\ ,-) 2" 2 l -/-\r{ cri**u ) }eer Su!:,*t Dates: L) r't' tr! A rea: .ir Da te i .t' State: r-,ll Zip Code: ,!].b):-< Contac t Phone : I i r:;r.;,'is .,ti;lz - -., *,;,.'O.t.,t ioneOpe ra to r Phone: (i9,.;'dr_l,5 t,g- I g6e,rs.e;f I Se rvice Service 0wnerConnec ti ons A rea <J IO l(1 Type ,:; Reco rds Adequa te (Y/N): Y Reco rds (Y/N): tl Owne rs Phone: Zip Code *4:B l6:."'r'* ,4,r'Xr.'cit;, J" I " J r, J {:he ;i'h:a !-i *t i LIC/c.s: - 23860 Nooden Deer Subd Sou rce Name : Nel I ll I Source Number: Nilj Availability: T, Seller Source Address: Aquifer: SampIe poinL (y/N): Lati tude: Chemicals: i nches ) (ga1) spu.3e E s. _/_ _.LB E A IN ENrc Sou rce ID: )OL o Source Record Type Sou rce Code Page c: ID: Longi tude: .. . _...8]-1Q1!-\'E-ERLNA _ NelI Depth: JSdt Fi rst Draw PA Needed (y/N ): ,V Averase Producrion (MGD,ly ptanr, C{laciry Total Residual Chlorin{ cr-s ) (McD@ Media Chem Sto rage Adequat,e ( y/N ) : yTurbidimeter Catibration(V/f.f ) : . f _ sth(feet) Tank Con Condi tion Pipe Total Time Time Su rf ace htash ( y/N ) : ,VFiIter to hJaste (y/N ) : * I.BE.AI-TIENT rlJ f'lv'ttr:tcil i. c, r-i na t i csn. rlr.ci 1 LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD SHERRY A. CALOIA THOMAS L. ADKISON HAYDN WINSTON ATTORNEYS AT LAW January 29, L993 1011 GRAND AVENUE P.O. DRAWER 2O3O GLENWOOD SPBINGS, COLORAOO 81602 TELEPHONE: (303) 945-2261 FAX: (303) 94s-7336 Scott Writer, President Carbondale Iand Development Corporation P. O. Box 9705 Aspen, CO 91812 Re: Wooden Deer Subdivision Dear Scott: Enclosed pleasl find, for your Wooden Deer notebook, a copy of the SupplementalAgreement between Carbondale Land Development Corporation -a the Wooden DeerSubdivision, as well as the Quit-Claim Deed from the Associition to CLDC. These copies showthe recording data. Also enclosed are the original documents which you should retain forsafekeeping. If you have any questions, feel free to contact me. Very truly yours, LEAVENWORTH & LOCHHEAD, P.C. Leavenworth LEL:lln Enclosure cc: David Michaelson, wlenc. David Harris, wlenc. C:\FII Nq\WRITER.2LT REcoRDED Ar o o-cLoc *.P-u.DEC 3 0 199? REC # 4427.L5 T4ILDRED'ALSD0RF, CouNrr CLERK AqREEMENT B{-roK E5 t mci295 THIS AGREEMENT is made and entered into this zt day of December, 1992, by and between the CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado corporation, whose address is c/o R. Scott Writer, President, P. O. Box 9705, Aspen, CO 81612 (hereinafter 'CLDC"), and WOODEN DEER HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation, whose address is P. O. Box 9705, Aspen, CO 8L612 (hereinafter the'Association"). WITNESSETH: WHEREAS, CLDC and the Association entered into an Agreement dated December 7, 1992, and recorded with the Office of the Clerk and Recorder of Garfield County in Book 849 at Page 116, Reception No. 441910, whereby CLDC assigned to the Association all right, titte and interest in and to certain Boundary Line Agreements between CLDC and landowners adjacent to the Wooden Deer Subdivision; and WHEREAS, CLDC, by a deed of even date recorded in Book 849 at Page l2l, Reception No. 441911, quit claimed to the Association all easements conveyed to CLDC in such Boundary Line Agreements; and WHEREAS, CLDC by the same quit claim deed and Agreement also conveyed and assigned to the Association a certain access easement, more particularly described in that instrument recorded with the Office of the Clerk and Recorder of Garheld County in Book 840 at Page 970, Reception No. 4386ffi, and a certain fire protection access easement, more particularly described in that instrument recorded with the Office of the Clerk and Recorder of Garfield County in Book 836 at Page 748, Reception No. 436839; and WHEREAS, a Declaration of Protective Covenants for the Wooden Deer Subdivision recorded in Book 849 at Page 78, Reception No. 441909, sets forth the rights and obligations of the Association and CLDC with respect to, inter alia, access (hereinafter "Derlaration"); and WHEREAS, the Association desires to reconvey to CLDC all right, title and interest in and to those Boundary Line Agreements, and except those easements expressly excepted and reserved, including the access and emergency fire easements as set forth more fully below. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. The Association assigns to CLDC all right, title and interest in and to the Boundary Line Agreements listed below, and shall simultaneously herewith execute a deed quit claiming to CLDC all easements, excepting those easements expressly excepted and reserved C:\FILES\CLDC4.2AG W2t, 1992 a0 A. B. C. D. E. F. G. \ below, conveyed in such Boundary Line Agreements between: Boctt ESf prci?3$ CLDC and Ronald Theodore Martin and Margery A. Martin (clDc_MartinAgreement), dated- lune 2, lgg2, recorded in uie office of the clerk andRecorder of Garfreld county in Book g36 at page 74g, Reception No. 436g39;except, the Association expressly excepts and r"r"*r, unto itself the fire accesseasement described. in Paragraph 5 of the CLDC-Martin Agreement, which fireaccess easement is generally shown on Exhibit B to the clDC-MartinAgreement, ord the legal description for which is shown on Exhibit C to theCLDC-Martin Agreement, both Lxhibits of which are recorded with the Officeof the clerk and Recorder in Book 836 at Pages 755 to 756, together with allrights, responsibilities and obligations associaM with said easement, includingwithout limitation the terms and conditions of said paragraph 5. CLDC and Charles H-arris and Margaret Harris, dated April g, lgg2, recordedin the offrce of the Clerk and Recorder of Garfield County in Book g2g at page 347, Reception No. $34n. CLDC and clifford cerise Ranch company, dated August 25, rggz,recorded inthe office of the clerk and Recorder bf Garfreld cointy in Book g40 at page 330, Reception No. 438400. CLDC and Jean M. !lue, dated ruly zo, lggz, recorded in the office of theClerk and Recorder of Garfield coun-ty in Book gqz ^tpage 403, Reception No.439282. CLDC and John G. powers (clDC-powers Agreement), dated August 27, lgg2,recorded in the office of the Clerk and Recordir of Gardeld Count! in noot s+oat fage 970, Recepd$ No. 438660; except, the Association expiessly exceptsand reserves unto il*tf-g: easement proffing access from the croc propertyto county Road 103, which easementlr .onr"].d in paragraph 5 of the CLDC_Powers Agreement and the legal description for which is shown in Exhibit B tothe clDC-Powers_ Agreement, recorded with the offrce of the clerk andRecorder in Book 840 at Page 975, together with all .igr,tr, responsibilities andobligations associated with said easerrent, including witiout limitation the termsand conditions of said paragraph 5. CLDC and william N. Johnson and Marilee R. Johnson, dated August 25, lgg2,recorded in the office of the Clerk and Recorder of Garfield Count! in Book g41 at Page 130, Reception No. 439735. CLDC and Michael N. Hammes and Lenore L. Hammes, dated September ll,1992, recorded in the office of the clerk and Recorder of Garfield county in C:\FILES\CLDC4.2AG Dtr,6brt2l. l9y2 -2- - Brlcl( 851 PIGE23'7 Book 841 at Page 489, Receprion No. 43gg90. 2. CLDC agrees to accept the conveyances set forth in Paragraph 1, above 3. CLq!. agl@s to compty with the terms and conditions of, and hereby assumes the Association's obligations under, the agreements and instnrments set forth in paragraph 1, above; provided, however, nothing herein shalt be construed to subject or bind CLDC io the terms and conditions related to the fire access easement and the accesi easement herein excepted and reserved unto the Association, which terms and conditions shall be binding solely on tt "Association. Furthermore, the Association agrees to remain bound by all terms and conditions expressed in Paragraph 5 of the CLDC-Martin Agreement and Paragraph 5 of the ClDC-powers Agreement. 4. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 5. This Agreement shall be recorded with the Clerk and Recorder of Garfield County, Colorado. WHEREFORE, this Agreement is executed on the day and year set forth above. By By ATTRST: C:\FII F'S\CIDC4.2AG D@brrzl, l*z CARBONDALE LAND DEVELOPMENT ATTEST: B. Writer, Secretary B. Writer, Secretary -3- I STATE OF COLORADO COUNTY OF Garfleld L992, by R. Scott Writer, president and Suzanne B. Writei Development Corporation. BOC( Es:I- PICEflSE Secretary, Carbondale I-and ) ) ss. ) Acknowledged, subscribed, and sworn to before me this 2l daysf Decernber -4- WTINESS my hand and official seal. 11/8/e2 STATE OF COLORADO COUNTY OF Garfleld Acknowledged, subscribed, and sworn 1992, by R. Scott Writer, president and Homeowners Association. WTINESS my hand and official seal. My Commission expires: LI/8/gz c:\Flr Fs\cLDc4.ztc Dcr,culbq2l,7992 'CAPa* " &.t"aL-a -Notaryrublic( I J :) to before me this Zl_hy 6f Decernber , Suzanne B. Writefrecretary, Wooaen Oeer ) ) ss. ) ('. LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD SHERRY A. CALOIA THOMAS L. ADKISON HAYDN WINSTON Mr. Mark Bean Garfield County planner Garfield County Courthouse 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 Re: Dear Mark: LEL:rln Enclosures cc: Scott Writer C:\FII F'S\BE/qN.lLT LEAVENWORTH & LOCHHEAD, P.C. ATTORNEYS AT LAW October 19, 1992 P.O. DRAWER 2O3O GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-2261 FAX: (30S) 945-7336 Enclosed for your information, and for the Planning commission as required by countyregulation, is a complete set of the variou_s Boundary iine edjustment Agreements that wereentered into by the carbondale Land Development corporation and adjoining property owners.This document is submitted to you in compliar". *ith county regulation, as well as inconnection with the wooden Deer Subdivision apprication. If you have any questions, feel free to contact me. Very truly yours, LEAVENWORTH & LOCH}LOCHHEAD, - - scrrltuEs- ..RDON UE'1ER tNC.01 Grand Avenue, Suite 2-Eulenwood Springs, Colorado 91601 (303) 945-1004 (3031 92fi727 Fax (303) 94$5948 CO'VSULT,,YG E/V6'IVEEPS & SURYEYORS October g, 1992 Mr. Bud Mann, p.E. Colorado Department of HealthWater Quality Control Division4300 Cherry Creek Drive SouthDenver, Co. SOZZ2-1SSO RE: Wooden Deer Subdivision, Garfield CountyRequest for Beview of Drawings for potable Water Dear Mr. Mann: fil (",:l I .ji--Ii r ri :\ lr i- ;i'i,\. Iiii.ii:'1'.,,.;i' .ii,,,t,t t:-n ': I!!i"l'' . '." 'lii' ll : ofiTtIIgYe iii i (l.q:rl'. - ;. :-, i :1.':i-:l\,r i y' Sup p ly ln anticipation of receipt of your review letter, I am faxing and forwarding by mailto you the review from Garfietu county. As staied in the letter frorn Mr. Mark Bean,Director of Regulatory otfices.na p"i"onnet, inli is to serve as the sign-off to thereview form' I trust that Mr. Bean's letter is surJicient for that purpose. rf not, II""rtir:H;"r:'tt" a phone call directlv rrom y;;;'that we mighruriner pursue that I thank you in advance for your prompt consideration. Respectfully submitted, SCHMUESER GORDON MEYEH, INC. cc: Scott Writer, Owner Mr. Mark Bean, Garfield Co. DWG/ ja91147.s President ( EL GARFIELD COUNTY REGULATORY OFFICES AND PERSONN October 7,1992 Dean Gordon, p.E. Schmueser Gordon Meyer, Inc. 1001 Grand Avenue, Suite 2_E Glenwood Springs, CO g160l RE: wooden Deer subdivision/Request for Review of Drawings for potable water well(cDoH) Dear Dean: Garfield county does not have a health department or sanitarian. This letter is intended tosupplement the signature required on page 20f the application to recommend approvar ordisapproval of the application. By this letter we are notifying the colorado Department of Health, water euality controlDivision that Garfield county is aware of the proposed wooden Deer subdivision water systemand have no objections to approvar of the apprication by cDoH. flyou have any questions, feel free to call or write to this offrce, at your convenience. Sincerely, Mark L. Bean, Director Regulatory Offices and personnel MLB/sa 109 8TH STREET' sulrE 303 ' 94s821 ao2s.sstltzls-tgr2 . cLENWooD spRrNGS, coLoMDo g1601 - ROY ROMER, - Governor PATRICH A. NOLAN, MD, MPHExccutive Director TcNf), tba. .:Main BuildinS, Dcnc,. (xqJ) 3T2-W76 Rrrmigen Pbcc, Dcovcr (303) 32G1529 .. : i'. ar ) M,ORADO DEPARTMENTOF HEALTH September &'}tHt"rnt Buirdiog';Pc3{t'-:: 4210 East l1th Avenu€ 6r.odronctio.. otficc '.' - i ,l',,;i ....' Denver, colorado w22u3776 (3{B) 24s7res Phone (3O3) 320-S333 ff,*rffi, 24,1992 Daan Gordon Schmueser Gordan Meyer, lnc. 1001 Grand Ave., Suite 2E Glcnwocel Springs. CO g1611 RE: PWSTD# t2g860, Garfietd Countv Nerr Water Treatment System Wooden Deer SuMivision Dear Dean: I have reviewed the plans and specifications for the proposed water treatment system to serve thewooden Deer suMivision. This'i;i";;ii;. was received september 17, 1ggz. ptease note thefdlouring cornments and recommd;i;;;. 1' The'Request for Revieu/ form must be signed by the county Health Department. 2' The chemical anatysis for the raw water was not cornplete. lnforrnatinn ls still requiredfor sodium, conosivity, radioactivity, "no vor"iir. organic chemicals (voc,s).3' Il""trffi:":r[lfifr#JTJhe chrorine room must be aueast 250 cFM ror a comprete iltr respond to the above comments. tn the meantime, if you have any questions, please let me Sincerely, ANI/VLl,1^ C. O.'Bud'Mahn Public Heafth Engineer Drlnking Water program WATER QUAUry CONTROL DIVISION COM:JflcENCOR3-Sl cc: Garfield County Heafth DepartmentD,rin Watson, District Engineer Heattrer Hdmes, Drinking -Water Monitor DW Fte, Section 2 - )t2 DEEDffi;;;,uI" \ r::,?,},i:: ss2 : \ ,ffi Doc. \:ee lolorao, ""'- -*aoun,ro, Garf ield \ \ t*U*+;t**:r,r*'r,-"- ;::, I ", i,, . whoselesaladdressts .-.^r Garfield o' nollars ($t1-11)-DoLLARs countv ot Gart -i-*tgi:il-i'--'-:1i-t=;;;;;t;**;;**of the 6*'ry-$ryffi[*$*#ry -Tffi"arrached herero and incorporated herein bY alss'kaerrn$f stred ard aw$er asi /td,l,q' ,\ E)MIBIT A TO QUTT-CLAIM DE,EI) tu,* t51 nm3o0 Any and all right, title, and interest of the Grantor, exce'pt where expressly excepted and reserved, in those egir"ir."ts (Boundary Line Agreements) as set forth below by and between: a. cLDc and John G. Powers dated August 27, lg^gz,recorded with the office of the clerk and Recorder of Garfield coun_-ty-in"n*t il+o "t'Page 970 as_Reception No' 438660, exce,pt the Grantor expressly exce,pts and reserve unto itself the access easement conveyed in Paragraph 5 of ttt"t egil*"ntr th: legal de'scriptiol I9t which is shown in Exhibit B to that Agreement, ;dtd witfr aU lghF, responsibilities and obligations associated wittl said easement, inZr"airg without ti.it"tion-oe terms and conditions of said ParagraPh 5. b. CLDC and Ronald Theodore and lvlargery A. -Martin dated June 2, 1992, recorded with the Office of the Clerk and Record"tif Cutfreld County in Book 836 at Page 748 as Reception No. 436839, except the Grantor expressly excipts and reserve unto itself the fue access easement described in paragraph 5 of ttrat Agreement, which fire access easement is shown generally on Exhibit i to tf,"t Agreemeni-d thg legal descriptign.for which is shown on the Exhibit c to that Alreement, .toqetfer with all rights, responsibiliii", -a obligations associated with saidLsement, including without limitation the terms and conditions of said Paragraph 5' c. CLDC and Charles Harris and Margaret HT'' dated April g, |992, recorded with the officeoftheClerkandRecord.'-orGarfieldCountlinBook828atPage34Tas RecePtion No. 433473' d. CLDC and cerise Ranch company dated August 25,lgg2, recorded with the offrce of the Clerk and Recorder of Ca#retO County in gook 840 at Page 330 as Reception No' 438400. e. CLDC and Jean M. Blue dated July 20, 1992, r*or'ded with the office of the clerk and RecorderofGarfieldCountyinBookgqz^tPage403asReceptionNo.439282. f. CLDC and william N. Johnson and Marilee R. Johnson dated August 25,1992, recorded with the Office of the Clerk and Recorder of Garfield County in Book 841 at Page 130 as RecePtion No. 438735. g. SLDC and Michael N. Hammes and I-enore L. Hammes dated September ll, 1992' ' recorded with the office of the clerk and Recorder of Garfield county in Book 841 at Page 489 as RecePtion No' 438890' C:\FILES\CLDC3.2E( Dcctmbcr lt, 1992 I ST/rTE RADO CERTIFICATE r, NATALT,E aEyER, secretary of state of the state of coTorado hereby eertify that the prerequisites for the issuanee of t&is certifieate have been furfirred. in eompri_ ance with law and are found to eonform to Jav/. AceordinglY , the und.ersiQned., by virtue of the authority vested in me by law, hereby jssues A CERTI?ICATE O? INCORPORATION lO ylOODEN DEER HOIIEO?TNEBS ASSOC I,ATTON, AIIOIIPBOT-TT CORPORATION ?EBRUARY 78, ]992 SECRETARY OF STA - )'i).ARTICLES OF TNCORPORATTON OF WOODEN DEER HOMEOWNERS ASSOCTATTON ARTTCLE T orro"llirotl*" of the corporation is: wooDEN DEER HoMEowNERS ARTTCLE TT DURATION The corporation shalr have perpetual existence. ARTICLE TTI PURPOSES AND POWERS 3'1' purposes. The corporation is formed exclusivery toH;"::?"tr;Fa*i=itioi, consrrucrion, manasement, maintenance road s,,. tit.111n"*1'""X,,1iTi,'?".'1t11tit*1ii :?:tl :X*.ilithe propertv. -:1. !;l;;;;rion i= .,J rormed ror pecunr.ary proriror financial gain and no part of the corporatio.,i= -rr"t earnings,profit or inco-me is aisfiifrutaure to,-o.-=nurr inure to the benefitof, its members, direct;;= or officers or any other private::l}Ii]li:. fJf"pt - "=-""iio'ia"d - ri-*in. coloiaal-' Non-prorir 3'2- powers. rn furtherance of the_foregoirrg purposes thecorporation shalr have ina-."v exercise "ii-"i'ii"'n5r".= now orhereafter confer:"c ;^e;"lJ"pririt "".p"railons organized under thelaws of coror:ado, i'*i"Jing but ,,& - ri*ii.a - il"Tio=" powersexpressly set forth in the oectur.tion of -corr..,ants, for the woodenffi:1"":[:i.I*:i:i".,til""-ol"ru..ai;;i' --ana poo,..=, l,-"^""==.,y or The undersignedcorporation pursuantadopts the following Three directors shalInames and addresses ueint-is Scott Writer natural person hereby establishes a nonprofitto the Colorado Honpiofit co.poration Act andArticles of fncorporation. constitute the initial board, theirfollows: 39100 Highway 82 #ttp.O. Box 9705,Aspen, CO 81612 ARTICLE IV i - The address ofcorporation is 391009705, Aspen, CO gt6t}. such address is Scott .the initial registered office ofHighway 82 # 11, .dspen, Colorado, p:o.The name of its iniiiai register"a "glr.,tWriter Janet F. Kistler Bruce Kistler 840 S. Adams St.Denver, CO g0209 840 S. Adams St.Denver, CO BO2O9 ARTTCLE V ARTTCLE VT ARTTCLE VTT Any of the directors or officers of this corporation shalrnot, in the absence or-iraua,..bg aisquarified by his office fromdealins or conrracti.ng ;itr,'rhis _i;i;;r"rion "iir,.. as vendor,purchaser o. ^ olhsrwiJe, nor sharr iny firm, association, orcorporation of which he shart be u *.*u"., ot in which he may bepecuniarilv interest;- i; any manner be so disqualified. Nodirector oi offic;;, -; iny riim, i==".iation, or corporation withwhich he is connecteJ-"=-'"t"resaid srr^ir be riabre €o account tothis corporation or-ii= =nJreholders ioiu.,y prof it realized by himfrom or through any =r"n-t=unsaction or contract, it being theexpress purpose ana intent of this article to permi-t thiscorporation to buy rrom, sel] to, or otherwise deal withpartnerships, firms- "t-."iporations of which the directors andofficers of this "o.porutitrr, or any one or more of them, fidy bemembers, directo.= oi "iii..r", or iii which tl"{ or any of them mayhave pecuniary intere=a;;*J.,a tr," contiucts of. this corporation, in:l;;ffili"o|? rraua,-=[h] not be void or voicabre or arrected in "r' tr,i= ' .:.:J.r::.:i="i ;ir.lr: ..:"lJ.Trr."'J"; _U::*":fl.# ;iiffI":; Director= or this;;-p;;";ion at a rneeting e-ven though they may bepecuniarily intere=te'a-ln--rnatters considered at such meeting, andany action taken at such rneeting-riaii-;;ierence to-=rr"n matter bya majority of .the aisinterested directors shalr not be void orvoidabre by this "orp-o-.-it-i-on in the absence of fraud. The corooration shall indemnify every director or officer orformer director or officer or any person who may have served. at itsrequest as a director o. orfi""i'oi;;;;;, corporation in which it the Box at - owns shares of capital stock or of which it is a creditor, and hisheirs, executors and administr;1g;",'?iuin=t expenses actuarly andreasonably incurred uy trim in connection with th-" ;";ense of anyaction, suit or proce.ai.n!,. civii oi .-rl'min.r, i. ,i,I.r, he may benade a partv by reason of rri= u.in;;;;;"ing been such a directoror officer of ttre-."ipo.utior,, excEpt in relation to rnatters as towhich he shalr r" -?i"liiv 'adjudled--in such action, suit orproceeding to be riiiie--ior ;";iin"n;. or misconduct in rheperformance of duty i"- tn. corporition. In the event of asettlement, indemniii.iii"n sharl* be proviaea only in connectionwith such matters -";;-;; by the s'.itrem"nt aJ to which thecorporation is, advised uy L"""iel- that the person to be indemnifieddid not commit ",.r"r, u-lr"-acn .-r ariy.'- r!" foregoing right of*:$"il:':#iii:!.=r.,"ir ioi'il "*"rrsive'or orher rishts ro which he ARTTCLE VITT INCORPORATTON The name and address of the incorporator is: Bruce Ki-st1er, g4o south Adams st., Denver, colorado g0209. ARTTCLE rX MEMBERSHIP The record owner or owners of the fee simple titre to each Iotin the wooden Deer sulairi=ion, tir"-pi"i of which wirl be fired forrecord in the office "i-tn. crerk .,,dnl.order or carlield county,colorado, shaI1 u" n"*u".=-"r the Asso"iiti-o.,, with rights accordedff.i:i! i=niil"fortr,-i,i1i. =tutures or tn. stare oi'ioro.ado and ARTTCLE X VOTTNG Each member sha1l be entitled to one vote for each subdivisionLot owned' when more than one person hords an intei"=i i., any suchlot, all such persons sharr b; *"*i..=-lr the corporation. Thevote for each Lot sirari-re exercised as thg persons having aninterest in =Tl r,"i-i.Jn{'trr"*=etves-dltermj-ne, but in no eventiltiir""fractional vote o.'*or" than one vote be cast with respect ARTTCLE XT upon the dissolution of tl" gorporation, the balance of ar1assets after payment of all ]iabiiiii;; and obligations of thecorporation shllt ue aislriuuted to tr," *",r,u".= u".o;ai;g to a pran of distribution adopted pursuant toCorporation Act Dated: February 5, L9g2. STATE OF coLoRADO )CfTY AND \ ee couNTY OF DENVER | "'' Subscribed and sworn to1992 by Bruce Kistler the Colorado Nonprofit before me this * day of February, \.-1\/-\G-.ri ). L,---Notary publ1E- 840 So. Adams St.Denver, CO gO2O9 My commission Expires: October L7, 1995 Bruce K stLer - I DISTzuCT COURT, Case No. 91CW189 WATER DIVISION NO. 5, COLORADO RULING OF TIIE REFEREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF: CARBONDALE LAND DEVELOPMENT CORPORATION, in Garfieid County, Colorado The above-entitled application was fiied on October 31, 1991, and referred to the Water Referee for Water Division No. 5, State of Coiorado, by the Water Judge of said Court on November 8, 1991, in accordance with Article 92, Chaptet 37, Colorado Revised Shnrtes (i973), known as the Water Rights Determination and Administrarion Act of 1969. The undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the appiication are tnre, and having become fuily advised with respect to the subject matter in the application, does hereby make the foiiowing determination and Ruiing as the Referee in this matter to-wit: ' 1. The statements in the application are true. 2. The name and address of the Appiicant is Carbondale knd Development Corporation, c/o Scott Writer, P. O. Box 9705, Aspen, CO 8L6L2. 3. Timely and adequate notice of the f,rling of this Application was given as required by law. 4. Timeiy Statements of Opposition were filed by the Clifford Cerise Ranch Company and John G. Powers. Pursuant to the granting of a Motion to Intervene on Febnrary L0, 1992, a St:atement of Opposition was filed by Wiitiam N. fohnson. A Stipuiation and Agreement was entered into with the Clifford Cerise Ranch Company on August 25, L992, with ' John G. Powers on September 2, lgg2, and with Wiiliam N. iohnson on Juiy 10, L992, in which each Objector consented to the entry of this Ruling, subject to Applicant's agreement to comply with all terms and conditions of said Stipuiations. Ttrese S[ipulations and Agreements are on file with the Court in this case. 5. The water rights set forth below have been applied for by the Appiicant and are to be augmented pursuant to the terms of this Decree: A. Name of well: Wooden Deer Well No. 1. C:\FJr F(\CL,JDC.3RU Scptanbc L5, lWz Case No. Page 2 91CW189 I-egal description of weil: A weil located in the Southwest Ll4 of the Southwestll4 of Section 24, Township 7 South, Range 88 West of the 6rh p.M., at a point 800 feet from the south line and 4000 feet from the east line of said Section 2+. (1) Source: Groundwater tributary to Crystai Springs Creek, tributary to the Roaring Fork River. @ Depth: 350 feer (3) Dare of appropriation: September 19, 1991. (4) Date Water applied to beneficial use: nla. (5) How appropriation was initiated: By freld locarion of well site and formulation of intent to appropriate water. (6) Amount claimed: 50 g.p.m., conditional. A Use or proposed use: Domestic and irrigation. (8) Legai description of land to be irrigated: Southwest 1/4 of the Southwestl/4 of Section 24, and the Northwest 1/4 of Section 25, Townstnp 7 south, Range 88 west of the 6th p.M., Garfieid county, coiorado. B. Name of weil: Wooden Deer Weil No. 2. Legai description of well: A well located in the Southwest ll4 of the Southwestll4 of Section 24, Township 7 south, Range gg west of the 6th p.M., ar a poinr 770 f*t from the south line and 4750 feet from the east line of said Sectioi Zq. (1) Source: Groundwater tributary to Crystal Springs Creek, tributary to the Roaring Fork River. (2) Depth: 350 feet (3) Date of appropriation: Seprember 19, 1991. (4) Date Water appiied to beneficiai use: n/a. (5) How appropriation was initiated: By fieid location of weil site and formulation of intent to appropriate water. C:\FILES\CLDC.3RU Scgabq 15. l9Y2 - a Case No. 91CW189 Page 3 (1) a) (3) (4) (s) (o (7) (8) c:uaJr Es\cLDc.3RU Scptabc t5, 1992 (6) Amount claimed: 50 g.p.m., conditional. O Use or proposed use: Domestic and irrigation. (8) Legal description of land to be irrigated: Southwest ll4 ofthe Southwest Ll4 of Section 24, and the Northwest 1/4 of Section 25, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado. C. Name of well: Wooden Deer Well No. 3. Legai description of weil: A well located in the Southwest ll4 of rhe Southwest 114 of section 24, Township 7 South, Range 88 west of the 6th p.M., ar a point 380 feet from the south line and 4200 fet from the east line of said Section24. D. source: Groundwater tributary to crystai springs creek, tributary to the Roaring Fork River. Depth: 350 feet Date of appropriation: September 19, 1991. Date Water applied to benefrcial use: nla. I{ow appropriation was initiated: By field location of weil site and formuiation of intent to appropriate water. Amount ciaimed: 50 g.p.m., conditional. Use or proposed use: Domestic and irrigation. Legal description of land to be irrigated: Southwest Ll4 of the Southwest 114 of Section 24, and the Norttrwest 1/4 of Section 25, Township 7 South, Range 88 West of the 6th P.M., GarEeid County, Coiorado. Name of well: Wooden Deer Well No. 4. I-egal description of well: A weil tocated in the Southwest ll4 of the Southwest 114 of section 24, Township 7 South, Range 88 west of the 6th p.M., at a point 100 feet from the south line and 4800 feet from the east line of said Sectioa 24. (1) Source: Groundwater tributary to Crystal Springs Creek, tributary to the Roaring Fork River (6) a (8) E Case No. 91CW189 Page 4 (2) (3) (4) (5) (6) (1) (8) Q) (3) (4) (5)- _ CTFILES\CLDC.3RU Scptcobcr 15, 1992 Depth: 350 feet Date of appropriation: September 19, 1991. Date Water applied to beneficial use: nla. Irow appropriation was initiated: By field location of well site and formulation of intent to appropriate water. Amount claimed: 50 g.p.m., conditional. Use or proposed use: Domestic and irrigation. Legal description of land to be irrigated: Southwest ll4 of the sourhwest t/4 of Section 24, and the Northwest 1/4 of Section 2-5, Township 7 South, Range 88 Wesr of the 6th P.M., Garfieid County, Coiorado. Name of well: Wooden Deer Weil No. 5. I*gaI description of weil: A weil located in the Northwest Ll4 of the Northwesr Ll4 of Section 25, Township 7 South, Range 88 west of the 6th p.M., at a point 4810 feet from the south line and 4600 feet from the e: st line of said Sectio n 25 . (1) Source: Groundwater tributary to Crystal Springs Creek, fibutary to the Roaring Fork River. Depth: 350 feet Date of appropriation: September 19, 1991. Date Water applied to beneficial use: n/a. How appropriation was initiated: By freld location of well site and formularion of intent to appropriate water. Amount claimed: 50 g.p.m-, conditional. Use or proposed use: Domestic and irrigation. I*gaI description of land to be irdgated: southwest 1/4 of the southwest 114 of Section 24, and the Northwest 1/4 of Section 25, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Coiorado. 4- Case No. 91CW189 Page 5 F. Name of well: Wooden Deer Weil No. 6. Legal description of weil: A well located in the Northwest ll4 of the Northwest ll4 of Section 25, Township 7 South, Range 88 West of the 6rh P.M., at a poin[ 5050 feet from the south line and 4050 feet from the ee<t line of said Section 25. (1) Source: Groundwater tributary to Crystal Springs Creek, tributary to the Roaring Fork River. Q) Depth: 350 feet (3) Date of appropriarion: September 19, 1991. (4) Date Water appiied to beneficial use: n/a. (5) How appropriation was initiated: By fieid locarion of well site and formulation of intent to appropriate water. (O Amount claimed: 50 g.p.m., conditional. (7) Use or proposed use: Domestic and irrigation. (8) Legai description of land to be irrigated: Southwest l/4 of the Sourhwest 714 of Section 24, urd the Northwest 1/4 of Section 25, Township 7 south, Range 88 west of the 6th P.M., Garfieid counry, colorado. The Applicant has submitted copies of the denial of well permit appiications as required by c.R-s. 937-92-302(2) [Deniai Nos. AD-12670 through ao-i26751. 6. The Appiicant requests a change of water right as more fully described as follows: A. Decreed name of structure for which change is sought: Basait Conduit, a feature of-the Basalt project. B. From previous Decree: (1) Dated entered: June 20, 1958, Case No. 4613, Garfieid Counry District Court Decreed point of diversion: A point on the left bank of the Fryingpan River in tire NE 14, Nw 1/4, section 1.8, Township 8 south, nangJ 8+ west of the 6th P.M. at the head of the outlet tube for Ruedi Reservoir c:\FI? ts\cM.3RU Sc7@bs 15. 19C2 Q) -5- A. B. C. Case Page No.91CW189 6 7. as foilows: C:\FIIIS\CLDC.3RU S<ptabct 15, 1992 whence the Southwest corner of Section 7, Township 8 South, Range 84 West of the 6th P.M. bears North 79"00 feet West a distance of 2,OL7.L feet. (3) Source: Fryingpan River (4) Appropriation Date: Iuly 29, L957 Amount: 450 c.f.s. (5) Historic use: N/A, conditional water right Proposed change: The Applicant proposes to estabiish aiternate points of diversion for the Basait Conduit water right at the points of diversion of the Wooden Deer Weil Nos. 1 through 6, applied for herein, for use within the Wooden Deer Subdivision as described herein for Approval of Plan for Augmentation set forth beiow. Appiicant proposes to change a total of 100 g.p.m. (.L12 c.f.s.) to the six welIs, with total combined diversion at all six wells not to exceed 100 g.p.m., ild diversions at any weil not to exceed 50 g.p.m. (.056 c.f.s.). The Appiicant requests approval of a plan for augmentation more fully desciibed Name of stmctures to'be augmented: Wooden Deer Well Nos. 1,2,3 ,4,5 and 6, the decrees for which are being claimed in this case. Previous decree for water rights to be used for augmentation: Up to 4.2 acre-fe*t of water to be secured from the Besait Water Conservancy District's water ailotment contracr with the Bureau of Reclamation for Ruedi Reservoir Water. Ruedi Reservoir is an on-channel reservoir located in the Northwest 1i4 of the Northeast 114 of Section 18, Township 8 South, Range 84 West of the 6th P.M. Ruedi Reservoir was originally decreed for 140,697.2 acre-feet in Civil Action No:-'4613, Garfield County Disrict Court on June 20, 1958, with an appropriation date of Juiy.29,.1957, for hydro-eiectric power generation, irrigation, municipal, domestic industrial piscatorial, &d stock watering uses. Subsequently, in Case No. W-789-76, Water Division No. 5, the amount of water decreei to Ruedi Reservoir was reduced from 140,697.3 acre-feet to 101,369 acre-feet. Statement of pian for augmentation, covering all applicabie matters under C.R.S. $37-92-i03(9), -302(1)(2), and -305(8). The Applicant owns land generally iocated in the Southwest 114 of the Southwest 1/4 of Section 24, and the -6- Case No. 91CW189 Page 7 Northwest Ll4 of Section 25, Township 7 south, Range gg west of the 6rh p.M., G-arfieid County. The Appiicant intends-to subdiviae ihe properry into twenry two(22) parcels for twenty tttto (22) single-family homes. racir parlel will have one PdTroy residence with an attached caretakei unit. Each parcei wili be allowed2,000 square feet of outside irrigation. The domestic and irrigation needs oi.u"irparcel will be served by the Wooden Deer Weil Nos. 1 ttrrorigil 6, which *iU U"augmented by water from Ruedi Reservoir. Each of the twenty tlto (Z2)parceis wiil- have a one single-famiiy unit with a caretaker unit, with an assumed demandof 5.25 p€r person per parcei at 525 gallons per day per parcel (in-house oniy).The Applicant anticipates that wastewater treatment and diiposai wiil be by septictanlc/leach field systems with an estimated consumptive use of fifteen peicent inthe in-house diversions. outside irrigation wiii usl sprinkiers with an estimated jmqaU-o1 efficiency of eighry percent.- The irrigation requirement is estimated tobe 2.496 acre-feet irrigated with a consumptiu" ur" or f.qgo acre-feet p., y.rr.Although each well permit is for 50 g.p.m. and 15.434 acre-feet *nu.tty, tt"combined maximum gumging capaciry si,alt ue limited to 100 g.p.m. *iti, *annual diversion limit of 15.434 acre-feer for ail wells. riri-total annualdiversions are 15 .434 acre-feet with 3.94 acre-feet of a"pi",ions. Table r, belowpresents both the domestic and irrigation water requirements and consumptive usefor the twenfy *to (22) parcels. C:\FII.ES\CLDC.3RU S<flabc 15. 1992 )) 3.5 100 (1) (2) (3) (4) (, Case No. 91CWi89 Page 8 44,0AO 2,469 t5% 80% r.975 Number of resideuces Nuo.ber of persoos Nuuber of gallous per day Note: Add.50 perceut for caretaker units Square feet rif iiwn irrigated I-awn appiicatiou rate (aflac) = (l) + (2) Perceut CU for domestic Percent lawu irrigatiou efficieocy Consumptive of irrigation (aflac):(4)+(' c:u:lY Fs\cIJc.3RU Sca,^5.t 15, trr. TABLE I water Requirements - wooden Deer subdivision (Acre-feet) Month Total Demand Consumptive Use (1) Doroestic Io-House Q) I-awu Irrigation (3) Totai (4) Doroestic In-House (t I-a.wu Irrigatiou (6) Total Ja-ouary 1-099 0.000 1.099 0.16s 0.000 0.165 Febnrary 0.993 0.000 0.993 0.149 0.000 0.149 March 1.099 0.000 1.099 0.165 0.000 0.16s Aoril r.063 0.071 1.t34 0. i60 0.057 0.2r7 May 1.099 0.474 1.573 0.165 0.3i9 0.544 Juue 1.063 0.603 r.666 0.160 0.482 0.&2 Juiy 1.099 0.570 1.669 0.165 0.456 0.621 August 1.099 0.368 1.467 0.165 0.294 0.459 September 1.063 0.314 r.377 0.160 4.251 0.411 October 1.099 0.096 1.195 0.165 0.077 0.242 November i.063 0.000 1.063 0.160 0.000 0.160 Deceober 1.099 0.000 1.099 0.165 0.000 0.165 -8- Case No. 91CW189 Page 9 Transit losses between the outlet of the Ruedi Reservoir and the point of depletion' are estimated to be five percent of the potential annuai augmentation requirement. Depletions from the weils will effect the Roaring Fork River throughout the year. Although the Wooden Deer Weil Nos. I through 6 water rights wouid be in priority during portions of the year, the Applicants pians to provide augmented water out of Ruedi Reservoir to cover one hundred percent of the ma-ximum annuel depietions due to the diversions of the wells 'to adequately protect downstream vested water rights. Reieases willbe made from the Ruedi Reservoir pursuant to its contract with the Baqalt Water Conservancy District, in amounts equal to the out-of-priorirv stream depletion associated with diversions under said, water rights or as directed by the Division Engineer. 8. The proposed pian for augmentation meets the statutory criteia for a pian for augmentation set forth in C.R.S. $37-92-103(9), -302(1), and -305(8), as one contemplateC by law and, if operated in accordarce with the terms and conditions of this Ruling, will not injuriousiy affect the owner of or persons entitled to use water under a vested *aGr righr or decreed conditional water rights. The Refere does therefore conclude that the entitted Appiication should be granted and that 50 g.P.m. with an Appropriation Date of September 19, i991, is hereby awarded conditionally to the Wooden Deer WeiI No. 1 for domestic and irrigation pu.pos.i, provided always that said 50 g.p.m. is on the condition that said quantity of water be diverted and applied to beneficial use within a reasonabie time; SUBJECT, EIOWEVER, TO ALL EARLIER PRIOzuTY RIGIITS OF OTHERS and to the integration aad ubuiaticn by the Division Engineer of such priorities and changes or rights in accordance with law. The Referee does therefore conciude that the entitled Application should be granted and. that 50 g.p.m. with an Appropriation Date of September i9, 1991, is hereby awarded conditionally to the Wooden Deer Weil No. 2 for domestic and irrigation pu5posei, provided aiways that said 50 g.p.m. is on the condition that said quantity of water be diverted and appiied to beneficial use within a reasonabie time; SUBJECT, HOWEVER., TO ALL EARLIER PRIORITY RIGIITS OF OTHERS and to the integration and tabulation by the Division Engineer of such priorities.ald changes or rights in accordance with law. The Referee does therefore conclude that the entitled Apptication should be granted and that 50 g.p.m. with an Appropriation Date of September 19, 1991, is hereby awarded conditionaily to the Wooden Deer Weil No. 3 for domestic and irrigation purposes, provided always that said 50 g.p.m. is on the condition that said quantity of water be divertea and appiied to beneficial use within a reasonable time; SUBIECT, EIOWEVER, TO ALL E.q,RLIER C:\FILES\CLDC.3RU Scptaba t5. l9Y2 -9- Case No. 91CW189 Page 10 PRIoRITY RIGIIIS oF OTHERS and to the integration and tabulation by the Division Engineerof such priorities and changes or rights in accordance with law. The Referee does therefore conclude that the entirled Appiication should be granted andthat 50 g.p.m- yi{_-* Approprialrgl late of September'i.9, 1991, is hereb-y awardedconditionally to the wooden Deer weil No. 4 for domestic and irrigation pulposes, providedalways that said 50 g.p.m. is on the condition that said quantiry of waf,r ue oivertea and appiiedto beneficiai use within a reasonable time; sIrBJECi, ubwHrgR, To ALL EARLIERPRIOzuTY RIGITTS OF OTI{ERS and to the integration and tabularion by trr" ni"irrft;;;,of such priorities and changes or righr in accordance with law. The Referee does therefore conclude that the enritled Appiicarion should be granted andthat 50 g.P-m. witlr_ an Appropriation Date of September-ig, 199i, is hereb-y "*rrd.dconditionaily to the Wooden Deer Well No. 5 for domestic and irrigation purposes, providedaiways that said 50 g.p.m. is on the condition that said quantiry of waLr ue aivened and appliedto beneficial use within a reasonable time; SUBIEC:T, HbWEVER, To ALL, EARLIER.PzuoRITY RIGHTS oF OTHERS and to the integration and tabuiation by the Division Engineerof such priorities and changes or rights in accord-ance with law. The Refer* does therefore conciude that the entitled Appiication shouid be granted. andthat 50 g.p.m.with-an Appropriayg-n _oat9 -of September 19, 1991,.is hereb-y awardedconditional'ly to the Wooden Deer Well No. 6 for domestic and irrigation pulposes, proviciedaiways that said 50 g.p.m. is on the condition that said quantiry of waf,r be diverted and appiiedto beneficial use within a reasonable time; SUBJEC:r, ubwrirER, To ALL EARLIERPRtOzuTY RIGITTS oF OTIIER.S and to the integration and tabularion by the Division Engineerof such priorities and changes or rights in accordlance with law. Appiication for a Finding of Reasonable Diligence shall be fiied in the same month asthe decree herein is entered every six years after the entry of the decree herein so long as theAppiicant desires to maintain the conditional warer rights herein awarded, or until adetermination has been made that such conditional rights are made absoiute by reqson of thecompietion of the appropriation, or are otherwise disposed of. The application for change of water rights contained herein is hereby approved,. andoperation thereof shall be conducted in a manner pursuant with the terms ana conairions of thisruling. '- The application for pian for augmentation contained herein is hereby approved, on thecondition that the Appiicant maintajn is nasait Water Conservancy District Water Allotment C:\FILES\CLDC.3RU Sc1obcr f5, 1992 - -10- Case Page No. 91CW189 11 Contract in full force and effect, and operation thereof shall be conducted in a manner pursuantwith the terms and conditions of this Ruling; provided furtirer that the Alptcant cornpiy *itrrthe terms and conditions of the Stipulations and Agreements referred to in iaragmph a, "bor". The Applicant has submitted e,lpert engineering evidence to the effect ttrat pumping theWooden Deer Weils in accordance with this Decree is not experted to impact the flow incrlstalSprings Creek at and above the Thelma Ditch.- The Appiicant has enterd into a Stipulation withthe Clifford Cerise Ranch Co., the claimant of the rirlima Ditch, consenting to the entry of thisDecree upon certain terms and conditions, inciuding without timitation the possible extension ofthe reconsideration period. - ---- r The State Engineer's office sha-ll issue well permits for the wooden Deer weil Nos. 1through 6, subjecr to review by that office pursu*i to c.R.S. i37-go-137(?). The Appiicant shall install such measuring devices as may be reasonably re4uired by theDivision Engineer to faciliute the operation of this appiicarion'for uncierground water rights,application for change of water rights and application ror approval of plan io. .ug*.ntation andassure compliance herewith. t - It is accordingly ordered that ttris Ruling shall be file.d with the water clerk subject tojudiciai review. It is further ordered that this Ruling shall be filed with the appropriate Division Engineerand State Engineer. Dated this ts4 day of -D-/*LJ , tgg2. 4tr% WATER REFEREE Water Division No. 5 State of Colorado ,/L'/t .,;t: v // Ac,; l-.S// C:\FIIIS\CM.3RU Scptalcr 15, lgyl -1 1- Case No. 91CW189 Page 12 No protest was filed to this Ruling of the Referee. The foregoing Ruling is confirmed and approved and is made the Judgment and Decree of this Court; iuUject, however, to reconsideration on the issue of injury to vested water rights for a period of .5 years from the date hereof, and, in making such determination, the Court has considered thEaiure of changeof water rights sought, and the source of the augmentation water (i.e. Ruedi Resewoir). 1.[" month and year for fiiing an application for a finding of reasonable diligence ri,"tt b" OCTOBER 1998 Dated Ans 4;4aay of C =ii . i i). 'ee,r':ll .; Engince t-:-ano , to/r7r!74-nL' 'r-y*-*ro*'oid' .17/-// 1 ,*'rilt//a/*.,.Y') / -,tr/ .)''i c:\F[ Eq\CLDC.3RU Scptcabcr 15, 1992 ATER JUDGE -12- rGHsUlEEf, Oonool{ iltVtR lHo' J1 Gnfid Av.nuG. Sulta 2'E - Glrnwoott Sorinqr, Coloraoo 81&Jl tmit s{.}rooa Eo3} 82e6727 Frx fit0$ 9{45O46 CAISULUxA aHatutarl r 5u'lYiYOAf Sapicmbor 14' 1092 Mr, Scott Writcr I"iuona.lc Lrnd Dcvllopmlnt corp' P. O. Bor e705 AEPEn, Co- 81812 HE: Yloodcn Ocar Subdlvision subdlvlsl*,lneto'ements Agrccmcnt Cost Eatimates OEar Scott'. Thialottorlstoconflrmth.cottattlmattsprcparadforthaSubdlvitlon tmprovcmsntE Agrecment. a.nO-attasi*i g*t"of ar ixhlbit "A'r' Tha totnl eotlmated coit ot tmprovomanta is {111f-99_.99" Thc costs werB baead oil quotrtlons raecivad from the utlllty eonpanita and bldt rcccivod tor the conotruction woi[-riom r number of contractori' ln addltlon' En catimltc of $10'000 has been prcpared for ravcEetation eolts' : r trust that thra r6tt6r rn addrtron to Exhibit "A,. rs suff lclcrtt to provlde thc detall n6c6€sary for thoJin"f execution ol the SUbdlvision lmprovqmcntsAgreomefit' I wlll ,'Jrlln rvallaule to provide turthcr Input as nosaasary. SlnecrclY, SGHMUESER GORDON MEYEBI INC' h w.6ord ioci dant /iesr147.1 ,re#*rBilk j;ilH(::ffir\/Hfr) ii'ir7 , .3 pge UtirU irL.iJ t"Ul'Jit t t 0U rliiu 155 J tl rt rq5; It You heve any Slncrraly, Sogtrubar tI, 1991 Botrd of Goutry Cotlrglaa{onrrt of Gerflsld CouatY Gartlrra coulrEy Courg Eourc di.itrcoa SFtluBr, c0 EI6oL RE: Carborrdalr Lrnd Developnanc Corporetion To Hhcrl It MeY Ceuctta: Cerbondale L*nd Devalopurng CorPorat'lou ha: uac af,L condltlcat for loan approorr *lii-;;;il;-ro "tI-wiiai" Dcar subdivLston' ugon exacutlort of str* Io*n doc'*"o*" alPlo' -!ank 1l oraparad to tesur a lrravocaure rirrei or cild1E i"-Vl"t f,8vor. Air cxs*prc of thc I";;;; ll euclotad tot Your rcfaranca' gucsttonr, p16lta lrrl trrr to coEtEcE t[8' Js/sJ rncl: d32G Hrghwe! t'l$! r Cstbondalr. Colffa66 61623 I {3c3} C63'3040 ,O,n',n tner,t aa lo,Jitt '4'r frnr I Joa Eaof Frrrl,Ccnr SS: FL I (Rev. ll/91) DEPARTMENT OF STATE Corporations Section 1560 Broadway, Suite 200 Denver, Colorado 80202 (303) 894-225t Your Articles of Incorporation, Application for Certificate of Authority or Certificate of Organization has been accepted and filed. The enclosed Certificate is issued to you as evidence and authority to transact business in this state. As an authorized corporation or limited liability company, you are required to continuously maintain both a Registered Agent and a Registered Office in this state. Any change of Agent or Office requires the filing of a statement to that effect within thirty days of such change. ln addition, every corporation and limited liability cbmpany is required to file a report each biennium (every other year). Previously, reports were mailed in January and were due by May l. Because of changes in legislation, reports will be mailed throughout the year to corporations and limited liability companies in the month in which they were filed. A corporation incorporated in January would receive its report in January. The due date for reports is the end of the second month after the month in which the report was mailed. For example, reports which were mailed in January would be due by the end of March. Corporations incorporated in odd numbered years will be required to file in odd numbered years and corporations incorporated in even numbered years will be required to file in even numbered years. The report will be mailed to your registered agent at the registered office as shown on our records. All reports must be typewritten on the OCR Form mailed to you by the Secretary of State. If you are in need of any further service, please contact us. Our office hours are from 8:30 to 5 p.m., Monday through Friday. Telephone Number: 59ffi 61 + ' za{r Our best wishes for success in your new venture. c3#Bnil( DATE Of ISSUE: Novenber 16, 1.992 Tor (Beneficlary; Garfle1d County APFLICANT: Carbondale L,,and Development Corporatlon EXPfRATION DATE: November 11, 1993 AMOUNT; FLve Hundred Eleven fhousand and No/100 Dollars($511,000.00I We hereby est,abllsh our irrevocable letter of eredlt ln favorof the Beneficiary avallable by payment wlth the Alpine Bank ofCarbondale of the Beneflclary's drafts drawn on the Al-plne Bank ofCarbondale if accompanied by the following documents: a) A Beneficiary's statement signed by the Commissloners ofGarfield County, CoIorado, certlfylng that ,rCarbondale LandDevelopment corporatlon has failed to perform under and lnaccordance with the provlslons of the Wooden Deer Subdivislon asper the executed Subdivision Agreementrt entered lnto the 16th dayof November 1"992, between the Eeneficiary and the Applicant, a copyof urhlch ls attached heret,o and lncorporated neretn by referencLland stating the anount of the default,. b) The original Letter of Credit. AII drafEs drawn under thls credlt are to be endorEed hereonand shatl bear the clause rrDralrn under Alp1ne Banlr of CarbondaleLetter of Credlt No. 74065-03, dated November 16th, 1992.rl This Letter of Credit is subJect to the trUnlform Custome andPractLce for Documentary CreditE (1983 Revislon), fnternational Chamber of Commerce Pub. 4 OO . tl A1plne Bank of Carbondale hereby engages wlth tha Beneflclarythat all drafts and documents drawn under and in compliance witirthe terme of thiE Letter of Credlt will be duly honoied If drawnand presented for payment at the Alpine Bank of Carbondale on 11rbefore the explratlon date of thie Letter of Credlt. ALPfNE EANK OF CARBONDALE 0326Hrghway il33 r Carboridale, cotorado 81623 . (303) 963-3040 FotfrEtly lnowfi., AOa.,aD totr ,1d^h - SCHIfUE OPOO'I' NEYER INC.11001 Grand Avenue, Suite 2-E Glenwood Springs, Colorado 81601 (303) 94s1 004 (3031 925$727 Fax (303) 945-59t8 MEMORANDUM October 21,1992 Mr. Dave Michaelson, Assistant County Planner DATE: TO: FROM: RE: The purpose of this memo is to follow up on our telephone conversation earlier today. Site construction has begun on the above-referenced project. A significant rock excavation problem has occurred along the first approximate 300 feet of the roadway as it teaves the existing county road. ln order to minimize rock excavation, we are proceeding with two solutions. The first is to determine the stability of the rock encountered and leaving a rock cut for a cut slope. We are anticipating being able to develop a stable rock face at%:1 to as flat as 1:1. The stability of that slope will be documented for your files. The first three curves leading into the project have radii of 1OO', 80'and 1OO'respectively. We have restaked an alignment using atl 80- foot radius curves, the minimum county requirement for this roadway ctassification. This alternate alignment would allow us to move away from the rock area in question by a varying amount from zero to approximately 25 feet. Our general goal is to move the horizonta! roadway location only to the extent needed to create a stable rock backslope. As you noted, depending on the extent of horizontal movement of the roadway, it may be necessary to either re-define the right-of-way by a plat amenciment process or to create additional easement along the existing right-of-way. When we have an as-built condition established, we will meet with you to determine the most efficient method of addressing that. On a broader scale, I am going to make every attempt to keep both your office and King's office current on both the progress of the construction work at the site and to document on an ongoing basis any changes made to the originally approved documents. Hopefully, that will result in obtaining county concurrence with changes as we proceed rather than struggling over those changes after the fact. Please call me directly if you have any questions. I am copying King with this correspondence so he has it when he returns from vacation. ---------DWG-- 91147-1O.2lleccc: Mr. Scott Writer, Owner King Lloyd, County Road and Bridge Supervisor COA'SUIT'NG EA'G,,VEERS T SURYEYOBS t(ADo COTORADO DEPARTMENT OT HE{TTH Dedicated to prot*tingand improvingtlrc health and environment of the pple of C-olora& 430O Cherry Creek Dr. S. Denver, Colorado 80222-1 530 Phone (303) 592-2000 October 22, 1992 ,ftfiv t) 'd, lgg2 GAItr:"iCLU I,OUNTYLaboratory Building 421 0 E. 1 lth Avenue Derwer, Colorado 8{J.22O-37 1 6 (3O3) 691-47OO Roy Ro{ncr C.orerrs Patriia A. l.adan, MD, MPH txmrdw Dreoa' Dean Gordon. P.E. Schmueser, Gordon, Meyer, !nc. 1@1 Grand Ave., Suite 2E Glenwood Springs, CO 81601 RE: PWSID# 123860, Garfield County New Water Treatment System Wooden Deer Subdivision Dear Dean, Thank you for the information you submitted in your letter of October 13, 1992. t have also received a letter from Mark L. Bean, Director of Garfield County Regulatory ffices, stating that the County has no objection to this proposed subdivision. All of the above information is satisfactory to this office. However, we can onty give conditional approval to the water system at this time. When the population in the subdivision is large enough to be classified as a public water supply, then a complete chemical analysis must meet all State Drinking Water Regulations for final approval. fite clesign and construction specifications for this water supply have now been reviewed in accordance with Article 2.1.5 of the Colorado Primary Drinking Water regulations, and are conditionally approved. Any change orders and addendums must be submitted to this office for approva!. When plant construction is estimated to be within 60 days of completion, this office must be contacted by the project engineer. A representative of this Department may schedule a site visit to conduct a final construction inspection before the plant is placed on !ine. Upon completion of construction, a written certification from your engineering ftrm must be submitted to this otfice stating that the facility was buih as approved by this office, along with a copy of final 'As Built' plans. Dean Gordon, P.E. October 22,1992 Page Two Approval of this project is based only on engineering design and the facility's ability to provide safe potable water, meeting the Colorado Primary Drinking Water Regulations. Approval shall in no way influence local planning decisions. Sincerely, C. O. 'Bud'Mahn Public Health Engineer Drinking Water Program WATER QUALITY CONTROL DIVISION COM:jblGENCOR3-68,69 cc: Garfteld County Heahh Department Dwain Watson, District Engineer Heather Holmes, DW Monitor DW File Section 2 ET.IGINEERING REPORT wooDFN DEER SUBDTVISION, GART"IELD COT.TNTY L.2.1. Service Area Please see attached letter report from Schmueser Gordon Meyer, Inc. dated January 20, 1992, and Water Rights and Plan for Augmentation from Resource Engineering, Inc., dated October 20, 1991, which address population estimates, per capital consumption and water yield requirements. Please find attached hereto a Final Plat of the Wooden Deer Subdivision indicating the legal boundaries of the project. Note that the system is designed for this subdivision only. This project is not located within the vicinity of other municipal water sources, water treatment plants or water supply intakes. 1.2.2 Analysis of Existing Treatment Facilities Not applicable. L.2.3 Source Selection The source of water for this project is a drilled well completed in a bedrock sandstone formation. There are no other groundwater resources or surface water resources available on the project site. See WeIl Iog, dated November 6, 1991, and letter from Resource Engineering, Inc., dated November 27, 1991. 1.2.4 Treatment Alternatives There are no treatment alternatives except chlorination. Estimated cost for the control building (the drilled well has previously been completed under a test drilling permit), and well pump installation is $25,000. Estimated cost for the steel storage tank is $50,000. Estimated annual operation and maintenance costs for electrical power and chemicals is $600.00. Estimated cost for salaried, part time operator is $1200 per year. t.2.5 [nplementation Schedule Wel[ construction - Completed November, 1991. water distribution system - construction scheduled october, lgg2. Storage tank - Construction scheduled October, 1992. control building and facilities - start construction october 1, tggz. Construction completed November lS, 1992. Start-up date, December 1, 1992. r.2.6 Wellhead Control Plans Well construction to be completed in accordance with 'The Rules and Regulations of Colorado State Board of Water Well and Pump Installation Contractors:. See construction blueprints for construction details. Well is located in a greenbelt area not subject to livestock grazing. Positive drainage exists away from the wellhead. 1.2.7 Potential Source of Contamination None known. 1.2.E and 1.2.9 Chemical Analysis and Summary of Raw Water euality There are no known primary MCL parameters or other contaminants known, or suspected to be present, in the groundwater aquifer. See letter by Resource Engineering, Inc, dated December 17, 1991, attached. L.2.L0 Other Items Also attached for the record is a summary of water rights filing for the Wooden Subdivision indicating the legal basis for water supply, dated November g, 1991. Deer 1.3.1 BEuaT.D!fir.h Engineering Assumptions See previously referenced letters. 1.3.4 Water Demands for Design See previously referenced letters. 1.3.5 Projected Population See previously referenced letters. 1.3.13. Chlorine Retention Time Please see utility plan in drawing package. Detention time is provided in the 50,000 gallon storage tank by a direct 2t/2" waterline from the well and control building to the storage tank.Total contact time provided, based upon a 40 gpm supply rate is in excess of 1250 minutes. 1.3.15 - 1.3.26 piping and Chemicat Ilandling Details See construction drawings enclosed. Submitted by: < t FormNo. GWS-2s OFFICE OF THE S--'TE ENGINEER COLORADO DMt- ..I OF WATER RESOURCES 919 Ccnlonnial Bldg., 1gl3 Shermsn Sr., Oonvcr, Colorado EO209 (3Os) 866.Ss81 Filing: APPUC.ANT CABBONDALE LAND DEVELOPMENT CORP % LEAVENWORTH LOCHHEAD PC PO DRAWEH 2O3O GLENWOOD SPG€ CO 81602 ( 303)94s-2261 PERMIT TO CONSTHUCT A WELL APPROVED WELL LOCATION GARFIELD COUNry SW 114 SW 1/4 Seaion 24 Twp 7S RANGE 88W 6th P.M. DISTANCES FROM SECT|ON LtNEq 800 Ft. from South Section Line 4000 Ft, from East Section Line 894 wFl ! PERMTT NUMBER Drv. s cNw. 2s - 041792-F.. MDWD 38 DES. BASIN 1) 3) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT coNpmoNs oF APPF-OVAL This woll shall be used in such a way as to cause no material injury to existing water rights. The issuance of thepermit does not assure the applicant that no injury will occur to another vested wateriight or prectude anotherOwner of a vested water ricrht from seekino rclief in a nivil nnr rrt antinn ?L- ----r-.-l!-^ -r ar\:- .....tt -L.-.lt L- !... ,-...Ft:-,J- ..trtr rl .i \.,.-\-, \...vtt cv..v.ryvrtvrr u.rJ rurrrp trrglsttu.lvrr r tvtvg2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water WellConstruction and Pump lnstallation contractors in accoidance with Rule j7. The denial, no. AD-l2670, is reversed andlhe permit is approved pursuant to cRS 37.90-137(2) on the conditionthat the well be operated in accordance with the Carbondale Land Development Corporation Augmentation ptan approved by the Division 5 Water Coun In caso no. s1CW189. lf the well is not operated in accordance with theterms of said decreo, it will be subject to administration including orders to ceaso diverting water. The combined use of ground water from this well and Wooden Deer Well Nos. 2 - 6 is limited to fire protection,ordinary household purposes inside 22 single family dwellings and artached caretaker units, and ttre iirigation ofnot rnore than 44,000 square feet of lawns and gaidens. The maximum pumping rate of this woll shall not exceed so GPM, and the combined maximum pumping rates ofthis well and wooden Deer wel Nos. 2 - 6 shall not exceed 1oo GpM. ThC Cnmhinatl antaraga annt r=l amar rnf nf grahnr{ rrrar4rT 14r ho a6prapeiato.J by rhic r*,oll and Woodon Docr Woll }Joc.2 - 6 shall not exceed 15.434 acre.feet. Thc retr trn flnw fram the t tca rrf th6 rrroll mr rct ha rhrar r6h aa i^rh,i.t,.^t r..^cra r.\,6ro7 diaPooat c),erom of tlra nonevaporative typ6 where the water ls returned to the sari-re stream system in which the well is located. A totalizing flow meter must b6 inslalled on this well and maintained in good working order, permanenr recordgof all diversions must be maintained by the well owner (recorded at leas'i "nnrurtyf und submitted to rhe DivisionEngineer upon request. This well shall be constructed not more than 200 feet from the locarion specified on this permit and not more than2o0 leet from the location decreed for Wooden Deer Well No. 1 in case No. 91CWt 89. name of the aquife( and coun precautions to preserve these 4) s) 7\ 8) e) elrE ruuuEu NOY1 0 ,gga --=_- Form No. GWS-2{i APPLICANT OFFICE OF THE f TE ENGINEER COLORADO DMS.-,.| OF WATER RESOURCES S.^t-a-.Q11c11!sl Bldg., 1319 Strerman gr, Donvcr, Colorado 6O203 (3O3) 866-3s8,t Lot:Filing: CARBONDALE LAND DEVELOPMENT CORP % LEAVENWORTH LOCHHEAD PC PO DRAWER 2O8O GLENWOOD SPGS CO 81602 ( 303)s4s-2261 FtrFlMIT TO OONCTF|UOT /\ \,vtrIl APPROVED WELL LOCANON GARFIELD COUNTY SW 114 SW 1/4 Section 24 Twp 7 S MNGE BB W 6rh p.M. DISTANCES FROM SECT1ON LINES T7O Ft. from South SeAion Line 4750 Ft. rrom East Secrion Line 894 WETI- PMMrT NUMBER DIV. s cNw. 23 o41793 -F WD ' 38 DES. BASIN MD ISSUANCE OF THIS PERMTT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to causg no materiat injury to exisrino warer riolrrc. The issuance of rhepermit does not assure the applicant ttraino iffi *iii oc.rr to anothei re"Ga water right or prectude anorherowner of a vested water right from seeking reliei in a civil court adion. 2) The construction of this weltshall be in compliance with the Water Weil eqn5gTuction and pump lnstaltation Rules2 CCR 402-2, unless approval of a variancl has been granted by the state aoard of Examiners of water wellconstruction and Pump lnstallation contractors in accor?ance with Rule 17.3) ThE denial, no' AD-l2671, is reversed and.the.permit is afproved pursuant to cRS 37-90-137(2) on the conditionthal the well be operated in accordance with the carbondale Land D"uilil; corporation Augmentation planapproved by the Division 5 water court ln case no. s1cw189. lf rhe wert is not operated in accordance with theterms of said decree, it will be subiect to administration including orders to ""r." diverring water.4) The combined use of ground water from rhis wefl and Wooden Deer Well Nos. 1 and 3 - 6 is limited to ,ireprotedion' ordinary household purposes inside22 single famtty dweltings and attached caretak.r units, and theirrigationofnotmorethan44'ooosqUarefegtoflawnjandgaidens. 5) The maxlmum pumping rate of this wellshall not exceed 50 GpM, and the combined maximum pumping rates ofthis wett and wooden Deer wefl Nos. 1 arrd s - 6 shaff noi e*ceeo 1oo GpM.6) The combined average annual amount of ground water to be appropriated by this welland wooden Deer well Nos.I and 3 - 6 shalt not exceed 1S.4g4 acre.feet. 4 The retum flow from the uso of tho well must be through an indivtdual waste water disposal system of the non.evaporative tvpe where the water is returned ro the =",i" ;;;;;;';;;;;';niin,n" wen is tocated.8) A totalizing flow meter must be installed on this wefl and maintained in good working order. permanent recordsof all diversions must be maintained by the well o*n"i (iecoraea at leasi ,nnrrfly; and submirted to the DivisionEnglneer upon requost. 9) This well shall be constructed not more than 2oo feet from the rocation specitied on rhis permit and not more than200 feet from the location decreed for Wooden oeer weii No. a in case No. gjcwlgg. 10) The owner shall mark the well in a conspicuous place with weu permh number(s), name of the aquifer, and courtcase number(s) as approprlato' The owner shall take necessary means anci precat tions to preserva rhese6arkines. jD) tt_tb-1J- pArE rssuE"N0V 1 3*r,*^r,o* DATEI{0V Form [.r'o.. -GYv,9-25 APPLICANT OFFICE OF THE S' -E ENGINEER GOLORADO DIVIS._.{ OF WATER RESOURGES EIE Contenniot Bldg., 1319 Shorman Sf, Dcnvor' Coloredo 8o2o3 (3o3) 866-3581 CARBONDALE LAND DEVELOPMENT CORP ,5 LEAVE}.IWORTH LOCHHEAO PO PO DRAWER 2O3O GLENWOOO SPGS CO 81602 ( 303)94s-2261 DEErllrT T(1 l^ NqTrt l/aT A urEl I 894 APPROVED WELL LOCATION GARFIELD COUNTY SW 114 SW U4 Seaion 24 Twp 7 S FlAl'lctr 08 W 6th P.M. DISTANCES FROM SECTION LINES 380 Ft. from Soutn Sectlon LIne 4200 Ft. from East Section Line Filing: WELL PBMTT NUMBER DIV. 5 CNTY. 23 o4L79,E MDWD 38 DES. BASIN ISSUANCE CIF THIS PERMIT DOES NOT CONFER -tLl /ATER trlG-HT coNorrroNs oF APPROVA! l) Tllls welt sttall be uscd lrt su(.:ll a way as to causB n() rnaterl;{l lnrrlry to exlsrlno walcr ilOnr-s. Tnc l.ssllance nf rnA permit does not eBsure rhe appllcant that no infury will occur to another vested water right or preclude anolher owner of a vested water right from seeking relief in a clvll coun action. Z\ The construction of this well shall be in complianco with the Water Well Construction and Pump lnslallation Rules 2 CCFI 402-2, unless approval of a variance has bEen grantod by the State Board of Examiners of Water Well Construction and Pump lnstallation Conlractors Inaccordance with Rule '17. 3) The denial, no. AD.12672, ls reversed and the permit is approved pursuant to cRS 37-90-137(2) on the condition that the well be operated in accordance witl't ttte Carbcrtrdale Lalrd Developrtterrt Curporatiult AugttteltLatiott Platt approved by the Division 5 Water Court In case no. 91CWl 89. ll the woll is not operated in accordance with the terms of said decree, it will be subject to administration lncluding orders Io cease diverting water. 4) The combined use of ground water from this well and Wooden Deer well Nos. 1,2, and 4 - 6 is limited to fire protection, ordinary household purposes Inside 22 single family dwellings and attached caretaker un[s, and ths irrigation of not more than 441000 square feet of lawns and gardens. 5) The maximum pumping rate of rhis well shall not exceed 50 GPM, and the combined maximum pumping rates of this well and Wooden Deer Well Nos. 1,2, and 4 - 6 shall not exceed 100 GPM. 6) The combined average annual amount of ground water to be appropriated by this well and Wooden Deer Well Nos, 1, 2, and 4 - 6 shall not exceed 15.434 acre-feet. 4 The return flow from the use of the well must be through an individual waste water disposal syslem of the non- evaporative type where the water is returned to the sarne stream system in which the well is located. B) A totalizing flow meter must be installed on this welland malntained in good working order. Permanent records of all diverslons must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) This well shatl be constructed not more than 200 feet from the location specified on this permit and not more than 200 feet from the location decreed for Wooden Deer Well No. 3 in Case No. 91CW189. t 0) The owner shall mark ths well in a conspicuous place with well permit number(s), name of the aquife( and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markines. )0 ll_tC_1L DArE rssuED NOV 1B 1992 3*r'*olo* DAr#fiV I I Form No..GWS.25 APPLICANT ( 303)s4$2261 PEFIMIT TO CONSTRUCT A WELL oFFtcE OF fiE s-^TE ENGTNEER COLORADO DMi ,{ OF WATER RESOURCES glg Contonn,cl Bldg,, tgt3 Shormon St., Oonvor. Colorodo 8o2o3 (3O3) 8653581 Lot:Block;Filins:Subdlv: CARBONDALE LAND DEVELOPMENT CORP % LEAVENWORTH LOCHHEAD PO PO DMWER 2O3O GLENWOOD SPGS CO 81 602 Twp 7 S RANGE ptsTANcES FROM SECTTON UNEq 100 Ft. fiom South Section Une 4800 Ft. from East Section Line APPROVED WELL LOCATION GARFIELD COUNTY sw 114 sw 1/4 894 Section 24 88 W 6th P.M. WELL PERMTT NUMBffi DIV. 5 CNTY. 23 o411795 r'l -_ MDWD 38 DES. BASIN 3) 2\ .1) 1) 'l-lrv uvlrUlrrsr,l uuv uf Ureurrrl wute,frutrt Lltlu well .rilU \N(.,oUOrl E)c}(:r \ /Cl! Nos. r . Ur b. ..r. r.-.,,'r..'.iv rr.rr veerr -s.--rvr, irre rilv r.rsurrrsr., pv.trprrrg rqrgc 0, this well and wooden Deer wett Nos. 1 - 3, s, and 6 shall not exceed 1oo GpM. Tha nnnthinael anratagc annr ral amnr rnt nf grar rnat \^rrtor ta ho apprapriatocJ by thic wofl 5nd Wccdcn Ooor Woll l.loo. 1 - 3, 5, and 6 shall not exceed '15.434 acre-feet. n Thc rcturn flow from the lrse of the well mrrst he throtrgh an indivict-ral waste water disposal syslepr o[ the r]o,1- ISSUANCE OF THIS PERMTT OOES NOT CONFER A WATER RIGHT coNpmoNs oF APBBoyAL This well shall be used in such a way as to cause no material iniury to existing water rights. The issuance of the Dermit does not Asslrre the annlicant that no injrrry will necrtr 1rr annlhar \restarl watar right nr pranhrrta annrhar owner of a vested water right from seeking relief in a clvll coun action. The construction of this well shall bo in compliance with the Water Well Construction and Pump tnstallation Rules 2 CCR 402-2- unles-s anDroval of n varianne he.q heen Oranterl hy thc Statc Rnarrl nf trvamino/e ^f \ ,rrrar Wail colrstruutlolt artd Purrtr, lils-Ia[allon Eomractors ln accordance w[n r-{ule 1/, The denial, no. AD-12673, is reversed and the permit is approved pursuant to CRS 37-90-137(2) on the condition that the well hc onr+ralcrl in ancarlanne with iho Carhnnrlale I and llarrelaprnant Crrrpnralina Arrgmontaiinn Plan annrmrar{ hrr tha hirrieian ( til/ator tnnr rrt in ^.ca ^n ol n\Art oo tf lha rerall i6 ^A+ Ar\A7a+^,i i^ -^^^,zi,_na r'i.}r .L^ a-ia. -f oaiJ J--.--. it s.ill bo cub;ec. to aJ.rr:.r:st..s.:.--.r :.rr.l..rr:.rt r,..r..... rrlr!...a.rV t!,.t.... 6) R) A hlaliTinO flnw metar mt r<l ho inetallprl ^n lhic uroll anrl m.i^tai^6l.{ in 6nnrl rrrnrtzing aye{or. garma66^t 766arde of all diverslons musl be maintained by the well owner (recorded at leasr annually) and submitted to the DivisionEngineer upon roqueet. 9) This well shallbe constructed not more than 2OO feet from the location specified on this permit and not more than 200 feet from the location decreed for Wooden Deer Well No. 4 in Case No. 91CW.l89. 10) The owner shall mark the well in a conspicuous placa with well permit number(s), name of the aquifer, and courtcase number(s) as appropriate. The owner shall take necessary means and precautions to preserue thesemarkines.p! ll_t6- 1J DArErssuEJl0VlB 1992 8 Form No. ,GWS-25 OFFICE OF THE ST .'E ENGINEER COLOMDO DMSr* _. OF WATER RESOURCES 8-l€-Cantennlsl Bldg.r tSlS Shoyman Sr., Oanver, Cotorado €o2O3(3OO 866.3s81 APPLICANT ( 303)94s.2261 PERM]T TO CONSTRUCT A WELL APPROVED JD2 Sbtc Englrctrhoooipr Ilo. oOAoOctcE DISTANCES FROM SECT1ON LINES 48't0 FL from South Section Une 4600 Ft from East Section Une Lot:Block:Fillng:Subdiv: CARBONDALE LAND DEVELOPMENT CORP % LEAVENWORTH LOCHHEAD PC PO DMWER 2O3O GLENWOOD SPGS CO APPNOVED. WELL LOCAT1ON GARFIELD COUNry l{VY .l* Twp 7S l{YY tr'+ Oc\,lrvt I gJ RANGE 88 W 6th P.M, 81602 994 WELL PERMIT NUMBER DIV. 5 CNTY. 2A o41796 -r -_ WD 38 DES. BASIN MD ISSIIAN(:F c)F THI.q PFFIMIT NOFS NOT CONFFFI A WATFFI EIIGHT CONDMONS OF APPROVAL r) Tlrig rrgll olrqll lcg vses/ i'r svet) s *q, qs le squJe r'.e .!ists.iql irriur', te e^irtirrg rrutur.r.rgrrtr. ?r.s i:ovurruc yf [t'epermit does not assurs tho applicant that no iniury wilt occur to another vesied water right or preclude anotherown€r of a veste<J water rlgtrt from seeklng rellef ln a clvll coun actlon.z) Tlle uotlstlUo'tloll or (llls well sltafl tJe l, uoraplrarse wfttr ilre warer wefl corslrucuon arrc, Fu[rp rn$ararlon nures2 ccR 402-2. unless approval of a variancb has been lrantea by ths state Board of Examiners of Water WellConstruaion and Pump lnstallation Contractors in accoriance with Rule tz.3I Thp danial nn An-l267d is rarrercad anrl^rhc narmir ic a66rnrrer{ nrrr<,renr rn ctr.e i7.an-lit7(r) aa tha ^^n.ritin^tlla( lhe well be oPeratecl irt accorc.tartce witlr trie Cirbo,rdirJ Laiicr oer"dt ;;;,ii curpr_.rra1ir_rrr Augrrerrrariu, ptarrapproved by the Division 5 water court in case no. slcw189. lf rhe wefl i= not operated in accordance with thel'trlllls u( )dlu uculEtir ll wlll ut suultrur tu.ruru[ilbrrauuil liluruuilrg urucrs tu uuirsts, ulvgrung walB!.4) The combined use of ground water from this well and wooden Deer well Nos. I - 4, and 6 is limited to fireP70to'(l'6t catriaa2' ho-ool'olJ PUrP€60€ i^6i'ro ec cl^glc le,rrir). crelli.rgc crrd stlsehsJ eqiglstrg.. vr ritvl 0 rJ tl rulrrigation of not more than 44,060 squars feet of tawns-ano gardens. 6) Tho mavim.rm p.rmping r=to of thic woll chall not exeecd so GpM, and tho combinod mc><imum pumping rctoc ofthla rp61; aac{ lllaadoa EraorWoll }loo- I t. 64C c}rell nct crrcccot IOO CFr.l-G) Tlrc ssntbinod avcragc a,rrual ar.'sur.tt rrf gr uur.^,I wdt'r. tu t re o;r1., uprr ictvr.l Uy l,l ti> well sr rU WuutJul r Dstyt Wcll lrlus,1 - 4, and 6 shall not exceed 15.434 acre_feet. /) I rto rcturn 'lgw trom th., uJe ot thc wctt n'lust E'c tl'rtvugh a,l ir]griyiguat wautg watvr r,Jisp.rusdl systs, trf tt rc r rur r.orrapnratirro tyna u'hara tha rrrater is ro-tr-rrnccl ta tho rario "t.o"- cyctom in which tho wcll is located.O) A leteli=ing llcw mslsr mugt bs inctqttscl on tlrls wcll o'sJ .r1c.i..rla;r.t€,gt irl g99tl rrVrhiriy wrr,ler. J_grrrrqrr=rrr rsuurrJaof all diversions must be maintained by the well owner (recorded at teai ,nnrJryy and submined to rhe DivisionEngineer upon request. 9) This well shall be con$t1ll61s6 not more than 2oo feet from the location specified on this permit and not more than200 feet from the rocation decreed for wooden oeer wett No. s in case No. glcw1gg. 10) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court ;1T,XHT19 ":.aelroejriate' The owner shatt take necessary means and precaurions ro preserve thesemarkines.$}) lt_t?_17 f*,*-,o,* o^-[l0v t I",.trE rooL,Eo N 0V 92 Form No. GWS-2S APPLICANT OFFICE OF THE.S-'TE ENGINEER COLORADO DMS, r OF WATER RESOURCES 9-t-e_.Cfuof!fl Bldg.. l3't3 thormon St, Ocnvcr, Cclcrcdo go2o3 (303) 86&3581 CARBONDALE LAND DEVELOPMENT CORP 7O LEAVENWORTH LOCHHEAD PC PO DRAWER 2O3O GLENWOOD SPGS CO 81602 ( s03)s4s-2261 4PEF-qVEp WE|=L LOCAION GABFIELD COUNTY NW 114 NW 1/4 Section Zs Twp 7 S RANGE 88 W 6rh p.M. ptsTANcES FROM SECTION UNES 505O Ft. from South Section Line 40s0 Ft. from East Section Line WETI PERMT NUMBER Dtv. s cNry. 23 o4L797 F.I MD PERMTT TO CONSTRUCT A WETI 1) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHTcgNDmoNs oF APPROVAL This well shall be used in such a way as to cause no material iniury to existing water rights. The issuance of thepermit does not assure the applicarlt that no iniury will or.ri to ahother vesGo water right or preclude anotherowner of a vestsd water right from seeking relief in a civil coun action. The construction of this well shall be in compliance with the water welt construction and pump tnstallation Rules2 ccR 4a2'2. unless approval of a variancl r,a9 been granted by the srrt" iL.iJ of Examiners of water we,construction and pump lnstailation contractors in accordance with Rule 17. The denial' no' AD-l2675, 's reversed and.the.permit is approved pursuant to cRS s7-go-1s7(2) on the oonditlonthat the well be operated in accordance with the carbondale Lana oevetopmern'corporation Augmentation planapproved by the Divlslon 5 water court in case no. 91cw189. lf the welli! noiol"r.,"d in accordance wlth th€terms of said decree, h will be subiect to administration incruding orders to cease divening water. The combined use of ground water lrom this well and woodon Deer well Nos. 1 - 5 is limited to fire protection,ordinary household purposes inside 22 single lamiry oweninJ" ano attached caretaker units, and rhe lrrigation ofnot mor6 than 44,000 square feet of lawnsind griO.ns, The maximum pumping rate of this wellshall not exceed 50 GpM, and the combined maximum pumping rates ofthis well and wooden Deer weil Nos. 1 - s shalr not exceed loo GpM. 3) 4) s) 'l - 5 shall not excsed 15.494 acre-feet. 7) The retum flow from the use of the well must be through an individual waste warer disposal system of the non-owaporativc \rpe whcre thc watsf is t.sturrrgr;l Lu ttre "o,i,, ot,=o,.1 Systt;llt ltr wirtclr tl tu welt t$ lUL.ateU.8) A totalizing flow meter must be installed on this well and maintained in good working order. permanent recordsof all diverslons must bb maintained by the;"ll o*il liecoroeo at leai annrrity; and submitred to the DivisionEngineer upon request. 9) This wellshall be constructed not more than 2oo feet from the location specified on this permh and not more than200 feet from the location decreed for wooden D;;; w;ii No. o in case No. 91cwla9.,q #""Xffi!*flI T:i:::J:[,,: ":::.ll:::::1e".. with weu permit number(s), name of the aquifer, and courtcase number(s) as appropriate. rhe owner shar take n""""!"'v',"J;"-#if';E:j*::1[",:olljl;ifir?!imarkinss. 43 !l-/6 _1t- APPROVED JD2 Receipt No.oo2oos6F DArE rssu=o N 0m1992 3*r,*r,o" DArE NOV 1 B WOODEN DEER HOOIT{EOWNERS ASSOCIATION RESOLUTTONS OF THE BOARD OF DIRECTORS March 2, 1,992 The undersigned, constilr!+rrg the entire Board of Directors ofwooden Deer Homeowners Associiti"i,-u-cirorado corporation Not ForProfit, hereby take ttre iorrowi;;'"o"f,-o'".te^ actions, by consent,all pursuant to provisions of thi cor-diaao corporation code. 1' The following persons are hereby elected to the offices setopposite their names, each to serve ""iir the next innuar rneeting:lJti:" Xt"T"ntiirrti":"iii tt'"it =,r."."=or= shalr have been dury 2. The adoption of the following resolutions: Scott Writer Suzanne Writer RESOLVED that theCorporation sha1l be President fiscal year ofa Calendar year. Secretary/Treasurer RESOLVED that the Corporation has and9"":. hereby adopt the by-iiws attached heretoas the by-Iaws of the c6rporation. RESOLVED that the sea1, an impression of whichappears hereon, is hereby - adopted -i" thecorporate seal of the corpo-ratiori. the RESOLVED that the annual meeting of thestockholders shall re- -rrera on the secondTuesday of April of each-y.u.. RESOLVED that the form of bank resolutionsattached hereto, be ana the same are adoptedas resolutions of the Board of oirecCors inhaec verba. s4!svu, RESOLVED. that tJre proper officers of thecorporation be and t'h;' same are herebyauthorized and direcied [o --p.V" aIIorganizational fees and "*p.rr=.= incident to:r arisi.ng out of the oiganization of theCorporation, and to re-imnurse any person whohas made reasonable disbursements therefor,and that the same be amortizeii-;;;.-a:ierioa ?_f flr." (5)_ years pursuant to Section 248 ofthe fnternal Revenul Code of fgSa, as amended. - BETNG ALL OT THE DIRECTORS BYLAWS OF WOODEN DEER HOMEOWNERS ASSOCIATTON ARTICLE I OFFTCE The principal office of the corporation in the state ofColorado sha1l UL sgroo Hlghway az, "-rrit # tt, Aspen, Colorado andthe mairing addr.== =rriri-6" p]o. eo*-9zos, Aspen, cororado 81612.other offices and Places or business ,.y be established from tirneto time by resolution oi trr. Board of Directors. ARTTCLE TI SEAL The seal- 1r th.e. corporation shalL have inscribed thereon thename of the Corporationr'and.tfre woras-, ,Coloradol;irra ,Sealr, andshall be in =uch form u= *iv_ue approrl'u ov ttre goara--or Directors,which sharr have power to ilter trr" =i.e at its pleasure. ARTTCLE TIT MEMBERS 3'1' Menbership. Every owner of a Lot which is subject toassessraent as providEd in the oeciaration of '-io-r".rjrrt=, for thewooden Deer suMiv.ision. (tlrre Declaration) , shalr be a member of thecorporation. - _ Membership shal^l il -;p;;tenant to and may not be::3::*:i.. r=o* own"r=liip of .r,y . Eit" which is subjecr to 3.2 Voting. 3 . 2 . i-. Riqhts. B+ member, including Carbondale LandDevelopment corporiEi] a cororado corporation - (the Decrarant) ,shalr be entitr6a to;# .iot" for each iot owned. when more thanone person holds an interest in lrryi"i, all such persons shal1 bemembers of the- corporaiion. The vote for each Lot shal, beexercised as.the pdr=-*= havint-ir,'iit.r"=t in =r"n Lot amongthemserves determii",-u"t in no'"verrt-=nur:- a fractionar vote ormore than one vote be cast with .";;;;ito any Lot. 3'2'2. Method. A member may vote either in person or byproxy executed_ in writing by the membl. or by his duly authorizedattorney t" a1:a: N".p5"iy =narr ue vaiia aftLr ereven months fromthe date of its- "x"cudion,' unress ottreiwise.provided in the proxy.A member ,.v _1_r:o vote- rv mail i" -;;;;;critn ,iin tir" followinsmatters: erection of directors, anenament to the Articres ofrncorporation and a proposea plan oi-.".g.r, consolidation or dissolution. 3 ' 3 ' p@. Me_etings of members sharr be held atthe princiTffirr"- co"poi"tion as designated in theArticles of- rncorpor.ti.Ln u= from tine to tirne uilii"a, or at anyother place .aesiinal"a -i" the written or printed notice of themembersr meeting.- 3'4' Annual Meetir,rq. rn the absence of a resolutj-on of theBoard of arec-oFpffiting otherri=., tt" .r,r,.r.i-reeting of thernembers of the corf,oratE-n tor the eI-ection ;f a;";tors, and f orthe transaction "r'sucn o-tt.. uusineslas may properly come beforethe meeting, shalr r" r,"ra on the irJr.."aay i.,, .l'rr.r" of each year,if the same * "qt a regJ holiday, i"a-ig a legal holiday, rhen onthe next succeedi.g ur-Jir"== auir, at r-o:oo orclock, A.M. rf aquorum be not present tne_ neetiig lg, be adjourned from time totime, but n" =i'n!ie-"a:l"r"ment sf,alI'exceed sixty (60) days.3'5' snecial Meetings. . special meetings of members may becal,ed by Eie pitsid;;t ror in'ni= au="."" by a vice-president),the board of ai-rectoi=l-"J members having not less than one-harf ofthe votes entitled L;;" -.ast at ",r"t -*""tings. 3'6' Notice. written-or printed notice.stating the day, praceand hour of Ee ,"*u"r=, ,J"ti.,-g; ';;9, in "-.=E tr a specialneeting, the,plr!?=" or_purposes for wtrictr trr"-rL?i1g is calred,sharr be derivered not rlss- tha" i"" i-ior days ;;-;;;" than fifty(50) days before irr"-J"[" of the ,""ti.rg, -eiitrer-peisonarry or bymait, by or ar trre aiie"I:.orr^of rhe pi.iia"r,il-inE-=ecretary, theBoard of Directors, oritre-orti;";;;;rsons. calring the meerins,to each member entitled-to vote at sucr- meeting. tf- rnaired, suchnotice shalI ue aeemea i"-L" deliverea ,rr"r, deposited in the unitedstates mair addressea-to-ttre member at his aeil;;;-;J it appears onthe records of the c"-p".-.t-i"";--rid;stage prepaid. Fairure todeliver such notice -* -"-iJ"in a waiver- thereof snltr not cause themeeting to be lost, -rut-'it "rriii--b-e-aajourned by the memberspresent for a period not. to .*"E"J-sixty -ieot aiy= untir anydeficiency in n6tic. o.-rii"". "tiiiuJ suppried. ^ 3'7' ouorum'- A quorum at any meeting of members sharl consistor one-harf of the rnembers- of tt"-L.rporation entitled to votethereat, represgllea ir - p".=o, or by pr.oxy. rf a quorum ispresent, the affirmative'vote of " rnajority of the membersrepresented at the meeting and entitled fo ,dt" -o' the subjectmatter sha1, be ttre -ici-'or trre mlmlers, unr-ess the vote of agreater number _or voting by cra=r"=--i= required by Iaw, theArticles of Incorporation"or these By_laws. ARTTCLE IV DTRECTORS 4'L' Board.of DirectorE. -.The_corporation shall be managed bya Board or oi.e"EoFlEEiard). rnrl'"-airectors, consituting the - entire Board, shallttrst annual meetingevents: .be- -appointed by the rncorporator untir theheld after the fLrst toolcur of the ioffowing (1) Fifty perc^ent (50?) of all owners of Lots havereceived a certif icafe tt- ogqrlpd""v'rignirying the completion of a::i:::*]"1=n"""e rron tL auttrori#a o-rri"1.ii #;;;rield county, (2) Until December 3!, 1995. Directors so appointed need not be owners of rots, members of thecorporation, oi-residents of .coloriaor'provided, however, that theDeclarant shall have the gption aJl-r{y tine -during such period topermit el-ection of a aii".Lot or aireltors from among the owners.At the first annuar neeting herd atter trre first to occur of theforegoing events, tniee Jirt"t-or= *t"-.." owners of Lots shalI beerected to the noara-uy."i"ri[v;"[;i;, the ensuinqr year or untiltheir successors shaft be .a"rv "r""i"J ;; =fi;ii?i"u. Norhinscontained herein =rraii u" i"i;.p;;l;i- to ,"=€ii"t-in" rishts of:*:;:""iiffi#J: t"-iiri vacaniies o. the ri;hi; of members ro 4.2. Anoireciii;=ffi -.LJ!:trf #:ii}"r"rt#n"."[n"t1"",?:Htr:lor such oth"T-_p_race designated bt Tir;il;rd of Directors on the 2ndTuesday in ,lune of -each-y".., and no notice =h;li; required inconnection therewith' inl annual meeting of the Board of Directorsshalr be fol thg p"ip"=" of eteccing officers and for thetransaction of such "'ttrEr t"siness;;;y come before the meeting. 4 '3 ' Regurar Meetin*. unless otherwise determined byreso1utionoftffir"ctor=-'Iq,ru.meetingsoftheBoardof Directors shalr u" t.ra:;";h;;;3 ruesday oi March, June,september and December oi "actr v".i, J-ig:00 o,clock, A.M., and nonotice shall ue r"quirJ i" connection therewith. 4'4' so@- special meetings of the Board ofDirectors *-i, be cattilE "rry Lim"- o, !!" president (or in hisabsence bv a'yia-;;;=-i;t,,.;1"ii="ii direcror, and may be heldHtithin or without In"-it;I" of col6raa6 at such time and place asthe notice or waiveil*;+ -.y =;-":i;;. Notic" oi-such meerinssshalr be give-n to a ai=""i"r in pe-rsorrr- rny mail, i"r"g=aph, or bytelephone at rgas!.tr""tvJoyr_ tial- h;;= prior to the date or rimefixed for the-rneeting.---in""i;r'r"!tiii= of the Board of Directorsmay be held at _any time 1ir"t alr dire"tor= are present in person,and presence or aiy ai.""t-"" at a meeting shall constitute waiverof notice of . such- meetino _except as oiherside provided by raw.unress specif ically i"-g"ir'"a rv iiw, ttr.' articies -oi r.,"orporat,ionor these Bylaws, tiitnJ; ih" uisiness-io.u" transacted at, nor thepurpose of . any meeting of the Boara "r-oir".a;;;;IIi-u" specif iedin the notice or waiv"1 -ot notice ot- =rr"n meeting. - 4.5. ou-orum. .A quorum at all meetings of the Board ofDj'rectors shEilconsist=of 1 q"j"rily of the number of dj.rectorsthen fixed by .!n.=" gyrur=, but -a =r"'rr., .,rr*u.i-riv adjourn fromtime to time *itnorrl f'";l;", notice ,r.,iir a quorum-rt =""rred. Theact of the majority or ine grr"L-tlr=*fi"="rrc at a meeting at whicha quorum is present shall be tne aci-or the goaid or Directors,unress the act of.? g."ii"r number is reguired by the Articres offncorporation or theLe ayf.r". 4'6' vacancies. Any.wacancy occurring in the Board ofDirectors nay-ue tiirea iy tne atri.rrnitirr" .roi" li a majority ofthe remaining airectois itiougn r.-* [iiin a quorum of the Board ofDirectors' e ait""ior-eie"tea to firi a vacancy sharl be electedfor the unexpired term oit i= pr"a"""=Jor in off ice, and shall holdsuch office untir ti= =uccesJor is duly erected or appointed andquarified' Any direcl".=irip t" u"-riiigd by reason of an increasein the number or airect"i= Srrarr re iiirea pv the affirmative voteof a rnajority of the aiiectors then in office. A director chosento f irl a oosition -"="rti"g- tr";' Jr' ir,"i".=" irr*in" number ofdirectors irrarr hord--oEi.J ""iir -[n" next annua]- meeting ofdirectors and untii--nG- rr""essor sha1l have been erected andqualified. 4.7. cornmittees. The Board of Directors hdy, by resorutionadopted rv ululEffiv o-t'tn" aire&ors -in office, designate andappoint one or more ctmrnitte"= "."h oi-wtrich shaII consi-st of oneor more dj'rectors, which conmittei=-=n"rr have and may exercise alrof the authority of tn" i"".d of oi"""io"s in the manigement of the:ff:ffi:l"ldi*:t"li ;E-.n'""ided in -sucn '"=oi,,iio. except as 4'8. Rernoval. when the notice indicates the purpose,directors maT-EE"ro.r"a-ia :.", *"L-t-ir,-g of members, in the mannerprovided in itris ;;ti;. Tha entiie-Board of oirectors or anylesser number may be removed, with oi ,itnout cause , by a vote ofa two-thirds of tlhe *"rol"tl then entiirea to vote at an erection ofdirectors. ARTICLE V OFFTCERS 5'1' Election' The elective officers of the corporation sharlbe a presiGEl-ie "i""-p."sjaenff ll""r"tary, a treasurer andsuch other officers .na-assistint oiri""== as may be deemednecessary, who shalr be erected by the aoarJ oi-oir!"tors at itsfirst meeting' unress removed -in accordance with proceduresestablished by raw and tn"=" Bylaws, th; said officers sharl serveuntil the nexl _.L=-"ding-u"nuir rneeting or the Board of Directorsand until their respectiie successors ire erected and qualified.Any two or more offi-ces ,.u u" n"ia-uv it" ="r" person at the sametime' exceor that -;;; 'o11"="" may not simultineousry hold theorfices or'presG;"J;;dTi;;:-prJria"irt or thar of presidenr andSecretary. the when aI1 have time 5'2- officers. The officers of the corporation shalrrespectively exercisg and perform the respectj-ve powers, duties andfunctions as are stated bllow, ana as may ue assigned to them bythe Board of Directors. 5'2'1' The President shall be the chief executive officeroI !1" corporation and shalI, subject-to tne control of the Board:,f Directors, frave generar^ =-up"rt'ision, direction and contror ofthe affairs and offi-cers of trie -corporulior,. i. =niil preside atlI1 neetings of the members and of the Board of Directors. ThePresident, or a vice-presiaeni,--*r,i.Js= some other person isspecifically authorj-zed by the Board of Directors, sharr sign allbonds, deeds, mort_ga9€s, i""""= and contracts or tne corporation.The President -shali -perrorm arr the auties- c"*""r] incident tothis office and such ttn.i duties as ttre Board of Directors sharrdesignate. 5-2-2- rn the absence or disability of the president,vice-President_shalr p"itor* arl duties of the president, andso acting sharr have all of .the pow-er of, and be subject tothe restrictions on the presiaent:--'rie vice-president sharlsuch other powers and perform such "irr.. duties as may fromto time be assigned to'him by the presiaent. 5'2'3' The secretary sha1I keep accurate minutes of al1meetings of the members of th; goard ti Directors and committeeshaving any of the authoriiy of the Board of Directors. He sharlkeep at the corporation'3 pri"tlp"i- o" registered of f ice incolorado a record of the names and addresses of its rnembersentitled to vote and shali be resporr=iur" for the giving of notj.ceof meetings of the members of the Board of Directors. Thesecretary shaII be the custodian ot-in" records and of the sear ofthe corporation and shall attest tne -itrixing of the sear of thecorporation when so authorizea. - Ti; i-e"retary shalr perform ar1duties commonly incident to nis orritl ana =ucn-otrrei auties as mayfrom time to time ue assigned to nim-uv the president. 5.2-4. An Assistant secretary ilay, at the request of thesecretary, or in the absence or disauiiitv-"i--tnl secretary,perform all of the duties of the secr"L"=v. He shall perform suchother duties as may be assig";t t" -;ir 1; trr" president or by theSecretary. s-2-5. The Treasurer, subject to the order of the Boardof Directors, shalr have the care and custody of the money, funds,valuable papers and documents of the corporition. H" shall keepcorrect and complete books and recoras of accounts of thecorporationrs trahsactions, which =tiri u" the propperty of thecorporation, and shall render rinanciii reports and statements ofcondition of _the corporation when so requested by the Board ofDirectors or presiaeriC. --rn" rreasurer shalr perform arr dutiescommonry incident to his office u"a-=""tt other -duties as may fromtime to time be assig";; a; n'm uy-trr"-iir"=ident. s.2.6. An Assistant Treasurer may, at the request of theTreasurer, or in the- iu=".,"" or disabiiitv - oi--tii" Treasurer,ff::iil"."|L ;f ;i:'r:*{l'.=",: "v 1-" u==rs,,"a t" him ;t-ah; 5.3. compensation. Arr directors and officers of thecorporationiay receive salaries "r;l;;; compensation for servicesrendered if so ordered and rixe* uv -lne Board of Directors. TheBoard shall havg authority to tix iaiiii"r in advance for statedffii:$rJ.r render tn" E*" rerroacrive as the Board nay deem 5'4. Disabirity. rn the event of absence or inability of anyofficer tolEEEreou=i of Directorl ma.y deregate the powers or*il:*"i. "f"r=1]rtrri".i-i" anv other orri-cer,--a'irlcttr or person 5.5. Rerng-var. - Any of f icer or. agent may be removed by theBoard of Directors wnenlver tf -lt=-i,,ifi"nt the best j.nterests ofthe corporation will u"-="rr"a tner.6uv,-'r,-,t such removar sharl bewithout prejudice to irre contract r-igt1ts,^_lf d,y, of the person soremoved. Election or appointnent of i" "hri";-;; "g"it shalr not,of itself , create contii-ct rights. - --' - air""iil; ffi;rJ?j""ns shall be made by rhe corporation ro irs ARTTCLE Vr FTNANCE 6'1. Banking. The moneys of the corporation sharl bedeposited i;-th-.*" Jilhe coipo..[io' in such bank or banks ortrust company or trust companie;;-;;-il; Board of Directors shalrdesignate, and may ue arawir. out only on-ctrecrs signed in the nameof the coroorati6n uy- -suctr p"r=o-.' ; persons as the Board ofDirectors 6v approprlate relolution may direct. Notes andcommercial naper, whln authoriz"a-uv-ltre Board, sha11 be signed inthe name of -th-e- corporation uy sucn-trii""r or officers or agent oragents as sharr th6reunto te-authorized from tirne to tine. 6'2' Fis*ar. The^fiscal year of the corporation sharl bedeterminea by resotutio'or the Board of Directors. ARTICLE VTT WATVER OF NOTTCE officer or director may waive, !.o U:.given by 1aw o, ,ri", theseEne tLme stated therein. Any nember,notice requiredbefore or after in writing, &DyBylaws, whether - ARTTCLE Vrrr ACTION WTTHOUT A MEETING Nothing in these Byraws sharl be constued so as to prevent anyacEl.n required to be taken at i -meeti"g -"r-1h" directors,committee thereof, if there be one, ; ;;ueri of this corporation,without a meet-i-ng'if a -"t-"J""t i" nlriii"g, setting forth the actionso taken sharr be signed by a1r or-'tn" directors, committee lS-ff; I' I "i; JtT:.?:." ti'","; ;'"d; Iit i t r "a a; -;" ;; -ni i tr' ;;;;;;r ARTICLE IX AMENDMENTS altered, or repealed at any meeting of the-These.Bylaws nay beBoard of Directors. ARTTCLE X DEFINITTONS Definitions of terms used in these Byraws shall be as folrows: 10.1. owner. rrownerrr means the record owner, whether one ormore persons or entities, of the r." =irnpre title to'-.rry Lot whichr-s a part of the property. 10.2. Prgee+y-. 'property, means that certain rear propertydescribed i;-E hiEit A --atta-ched to ir," Declaration and such3:ii.*::i.:*I::: u= ,"y nlreafter be broushr wirhi,, tn" rerms of 10.3. LoE. 'rlot, means any plot of rand shown on any recorded;I:3::.=ionTip or the piopertf,-rut sha1l not incrude the common - 10.4. Common Areas.and improvemenJEEEon managed or mmaintained byenjoyment of the ownerJotherwise providea in tneDeer Subdivision. rrCommon Areasr means that real propertyin Garfield. County, Coloraaoj "r""J,the Corporation foi'tne common use andon a non-exclusive basis, except asDeclaration of Covenants, for the Wooaen - LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD SHERRY A. CALOIA THOMAS L. ADKISON HAYDN WINSTON Don DeFord, Esq. County of Garfield 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 Mr. David Michaelson Garfield County Planning Office Garfield County Courthouse 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 LEL:rln Enclosures cc: Scott Writer w/enc. Ken Wilson w/enc. LEAVENWORTH & LOCHHEAD, P.C. ATTORNEYS AT LAW September 30, 1992 1011 GRAND AVENUE P.O. DRAWEH 2O3O GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-2261 FAX: (303) 945-7336 GA[:i;::i c.L ij t-' Lrut{ iy [ii'iI, i':lli , Tit, it. -!:-l I :1'i .tit Re: Wooden Deer Subdivision Dear Don and Dave: In connection with the Wooden Deer Subdivision final plat application, I am providing to yolt a copy of a proposed Agreement between the Developer and the i{omeowners Associationand Quit-Claim Deed. If you have any questions, feel free to contact me. Very truly yours, LEAVENWORTH & LOCHILOCHHEAD, C:\FII FS\DEFORI'. ILT Recorded at o'cloc. - M Reception No.Recoro'.. THIS DEED, Made this between cARBoNDALE of the *County of Colorado, grantor(s), and WOODEN DEER HOMEOtr^INERS ASSOCIATION, whose legal address is of the County of Garf ield improvements, if any, situate, lying and being in the Colorado, described as follows: STATE OF COLORADO, Counry of Garf ield 'f he foregoing instrument was acknowledged before nre this My commission expires *lf in Denler, insert "City and." No.933. Rev.185, eurrcl^nr DEED llrarlf,,rd Puhlishing, 174.1 \\,orcc Sr., l-renvcr, CO 30202 -- (:l0i) 292-1i00 -- 1.q0 day of , 19 92, LAND DEVELOPIVIENT CORPORAT]ON Garfield and State of and State of Colorado, grantee(s), WITNESSETH, That the grantoft)g for and in consideration of rhe sunr of Ten Dol lars ( $ 10 . 0 0 ) andother good and valuable consideration--- ____-DOLLARS the receipt and sufficiency of which is hereby acknowledged, has renrised, released, sol6, conveyed and eUIT CLAIMED, and by these presents do esremise, release, sell, convey and QUIT CLAIM unto the grantee(q} its heirs, successors and assigns, forever, all the right, title, interest, clainr and demand which the grantor{q) hag in and to the real property, together with County of Garf ield and State of see Exhibit A attached hereto and i-ncorporated herein bythls reference. ,boro(Br( nrGmDEaod xo&q x: TO HAVE AND To HOLD the sante, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of tlre grantor($, either in law or equity, to the only proper use, benefit and behoof of the granteo(g l_ t S heirs and assigns forever. IN WITNESS WHEREOE The grantor(Sf ha S executed this dced on the date set forth above. )" day of ,19 Witness my hand and official seal. te 92 Norry ttblic EXHIBIT A TO QUIT-CLAIM DEED The water rights approved and decreed pursuant to the application for underground water rights ana a-ptan io. uugrn"ntation in District Court, Water Division No. 5, Colorado, Case No. 9lCWl89. Well Permit Nos.through issued to CLDC on 1992, by the Colorado Division of Water Resources. Basalt Water Conservancy District Water Allotment Contract dated January 13, 1992, for 4.2 acre-feet of water per year of storage water for the augmentation pursuant to the Decree in Case No. 9lCW189. All roads, water system facilities, and utilities required to be constructed by Garfield County pursuant to the Subdivision Improvement Agreement recorded in Book - at page as Reception No. of tne Records of the Garfield County Clerk and neiolOer, including but not limited to all wells, pumps, pump facilities, well houses, pipes and pipelines, and water storage tank not including those facilities which service inAiriOuat lots described herein or as described on the Final Plat. All non-publicly dedicated easements for road access as shown on the Subdivision Final Plat. All right, title, and interest in those Agreements (Boundary Line Agreements) as set forth below by and between: CLDC and John G. Powers dated August27, 1992, recorded with the Office of the Clerk and Recorder of Garfield County in Book 840 at Page 970 as Reception No. 438660. CLDC and Ronald T. and Margery A. Martin dated June 2, 1992, recorded with the Office of the Clerk and Recorder of Garfield County in Book 836 at Page 748 as Reception No. 436839. CLDC and Charles and Margaret Harris dated April 9, 1992, recorded with the Office of the Clerk and Recorder of Garfield County in Book 828 at Page 347 as Reception No. 433473. CLDC and Cerise Ranch Company dated August 25, 1992, recorded with the Office of the Clerk and Recorder of Garfield County in Book 840 at Page 330 as Reception No. 438400. CLDC and Jean M. Blue dated July 20, 1992, recorded with the Office of the Clerk and Recorder of Garfield County in Book - at Page - as Reception No. a- f. CLDC and William and Marilee Johnson dated August 25, L992, recorded with the Office of the Clerk and Recorder of Garfield County in Book 841 at Page 130 as Reception No. 438735. E. CLDC and Michael and Lenore Hammes dated September ll, 1992, recorded with the Office of the Clerk and Recorder of Garfield County in Book 841 at Page 489 as Reception No. 438890. C:\FIII!i\CLDC.lEl( Set mbcr30, 199:,-2- September 10, L992 Mr. Mark Bean, planning Director Garfield County 109 Eighth Street, Suite 303 Glenwood Springs, CO 91601 Mr. Ierry Biberstine, p.E. Colorado Department of Health Water Quality Control Division Permits and Enforcement Section 4210 Eprst l1th Avenue Denver, CO 80220 RE: Request For potable water suppry system Design Review Dear Mark and Jerry: Please find attached hereto materials and support of a request for potable water supply systemdesign review by your respective offices. The request is for a review of a deep-drilled well, control building supporting pump controls andgas chlorination equipment and an above ground, steel water storage tank. rncluded for yourfurther reference is the potable water distribution system associated with the project. This is astraight-forward water system using a deep well source for a 22-lot rural subdivision. This is a new project. we are not anticipating that this system will have sufficient water tapsor service population to qualify as a public water system for three to five years. This material is being forwarded to rerry's office without the sign-off from Mark in order toexpedite the review process. concurrence will be forwarded from Garfreld county after reviewis completed with any additions or corrections requested. I would like to thank each of you in advance for your expeditious review of this project. I will COA'SULT'/VG E'VG'A'EEFS & SUPYEYOBS 001 Grand Avenue, Suite 2.E Glenwood Springs, Colorado g1@1 (303) 94$1 004 (303) 92ffi727 Fax (303) 94S5948 )ADON 'IEYER ,,NC. September L0, 1992 Messrs. Bean and Biberstine Page 2 be available directly by telephone to answer any additional questions or provide any additional information that you might require for your review. Respectfully submitM, SCHMUESER GORDON MEYER, INC. Writer, Carbondale Land Development Company GORDON MEYER,INC. FESAUFCE ENGINEEFIING INC TllIITrIITIIIIIIIIITIIIIII Mr. Scott Writer CLDC President PO Box 9705 Aspen, Colorado 81612 RE: Wooden Deer Well Dear Scott: December 17, 1991 A copy of the results of the water quality test for Wooden Deer Well No. 1 areenclosed. You will note that the water sample meets the requirements set by the Colorado Department of Health for drinking water for all parameters tested. You may want to send a copy of the lab report to your civil engineers for their inf ormation. Sincerely, R E W UR CE EN GTNEER tN G, tNC. Paul S. Bussone, P.E. Water Resource Engineer PSB/mmm 267'2.0 rwt&1.262 Enclosure Consuicing Engineens and Hydrrologistrs BOP Gnand Avenue, Suite 3Oe r Glenwood Spnings, CO 816c)l r G3OBI gAffi7-n I Fax g,#r1177 GRANO JUNCTION, COLORAOO 8t5Ot I L/15/91 Detc Reportod ---.J { ' -t"i'- 0629 'i ":- Nel I hlater ll/14/sl l4ooden 1eer l4el l ?Pl'l .,O.. OOA ng/ I : O. 05 ng/ l ? O, OOOO ng,/ I ol-(zj-' - /\-\H4O' ng,t I O.57 ng/ ) O. OOO no/ l O. OOAO() ng/ ) I .26 mo./ I -.. ; 4.. OO?. mg4]- - O. OOOB mo/ I o. J8 o629 Ltni ts sugge=-ted by Coloraao Deoi. of -'Hea)th for human consumotion . t.O ng/l ;. O. Ol ng,/l .l'. : O. 05 ng/ I ." 4 mg/l O. 05 ng,/ ) O- OO? m9.'l lo.L! mot I ..--O.02 -mg/J- ..::r-i t). 05 ng,, l ).o !...,: Arseni c (As ) Earium (Ba) :,Cadniun (Cd)./ c'nro^){rcr't Fluoride(F) Lead(Pb) l'lercury (Hg ) Nitrate(N) Se)entun(.Se) 5i lver (Ag) ' .t_ .1.,.,-, ..*: s 7*, furDi di tv (NTU) LabLDir: Ertan S. Eauer "Date Recelved" Staop REQUEST FOR RXVIEI.I OF DMWINGS AND SPECIFICATIONS , PERTA TTSS (Please Type) Fron: rSarbond=al,e !a .4d ?lvelopment Comean), .(Naoe of MuaiclpalLty, District, Utlllty, o! Other OwoEiF Colorado Departoent of alth WATER QU.{LITY CoNTRoL DMSIoN Drinklng l.Jater/Ground I.Iater Section 42L0 E. llth Aveuue Denver, C0 8A22A 33r-4545 Busiuess Addressz Z llr. Scott Writer- preqiripnr Telephoue z QOZ ) gZO-q+ll County in which facillty is locared: Garfield It is requested that the Colorado Departoent of Health, Water Quality ControlDivisioa review the docunents specified on the inforuatioB page at.tached tothis foru. Documents Subuitted: Desisn Reoort Technical Specif ications I 00-yeer F I nadfrl -in Certif ic^atj.en Raw Water Oualitv Statement Drawings Additional i.aforoatioo tray be requested by the Water Quality Control Divisionand Local governoent officlals. This may include the relationship of thisfacility to the area-wide plan, flood plaln data, provision for oaintenanceand operatioa of this facility, and lega1 status of the owner (district, association, niaicipality). coosurting Engioeeriog conpany: Schmueser Gordon Meyer. rnc. Project Engioeer: Address: Dean W. Gordon Registered_14507__ 1001 Grand Ave., Suite 2E Glenwood Springs, Co. 81601 Telephone: Estinated Es t ioated Estima ted ( :o: ) g+s-rooa project cost: bid opening date: coopletion date: $ zs.ooo October 1, 1992 "Date Recelved" P.0. Box 9705. As Co.8l6t2 November 15, 1992 INFOR.MATION REGARDING WETLS A\D/OR.I{ATER TRL{TYL\T FACILITIES trusE cooplete all loforoatloo) 1.Type of water treattrent facillcy (conveutlooal chlortoatlou, etc.) please be speclflc. Well with chlorination . packaged, sell wtth 2. J. Slze:0.018 (MGD) Populatlon Served:77 Rae, water source Naoe: Groundwater from sandstone bedrock Location: SW%, SWt, Sec 24, T7S, RBw, 6th prlncipal }{eridian If a wel1, what is the depth?200 (feet) Location of water facility: (rf it is Bot a nunicipal systetr, statedistance and direction froo nearest incorporated. town or city.) 3.5 miles northeast of Carbondale 5.Give distance upsEream within five miles of all donestie and industrialwaste discharges: None 6.Signature of the County Health Department isreview the plans.required before we will DATE Recoooended Recomoended APPROVAL DISAPPROVAL Signarure aud title for Local Haafrh Departnent or County Saoitarian ga 11 rec6gnized signature and of the facllitytirlefor the olrner 7. SCHI'UES ROOfl TEYEF 'IJC. )0'l Grand Avenue, Suite 2-E ,lenwood Springs, Colorado 816O1 (38) 94$1004 (303) 92ffi727 Fax (30$ 94559{8 January 20, 1992 COIJSULI'I{G EilG'IJEEFS t SURYEYOAS Mr. Scon Writer P.O. Box 9705 Aspen, CO 81612 RE: Wooden Deer Subdivision Potable Domestic Water System Rmuirements Dear Scott: The purpose of this leuer is to provide you with sufficient information to meet the requirements of the Garfield County SubdivisionRegulations with respect to preliminary plat submittal for a potable domestic water supply system for the Wooden Deer Subdivision. The report will also su--arize current investigations and facilities which exist for the water system as well as the engineering desigu parimeters for proposed faciiities. 'Water Source A production well was completed in November, 1991, under the direction of Resource Engineering, Inc. The well was driiled by Shelton Drilling Company, and test pumped by Samuelson Pump Company, Inc. Resource Engineering, Inc. has reported that the long tenn reliable yield of the well is 50 gpm. Resource Engineering, Inc. also tested the production well for water quallty parameters and reported that the well water does meet all the mandaory Primary Drinking Water Standards of the Colorado Department of Health. Based on this information, it is our opinion that there is not a need for central water treatment, other than disinfection at the well head. Water System Design Parameters Table 1 (attached hereto) summarizes calculations for determination of the quantity of water needed to be produced by the water system. Table 1 indicates that the in-house, or non-irrigation season, system requirements are 8 gpm and 20 gpm for average day and peak day requirements, respectively. The requirements for irrigation season use, which would include both lawn irrigation during the peak month of June, as well as in-house use, would be 12.5 gpm and 31 pm respectively. With respect to water production capabilities, it is necessary for the water soruce to be able to produce water at the peak day demand. The production well constructed this fall has a long-term yield of 50 gpm, which is greater than either the peak day demand for the irrigation or non-irrigation season. Therefore, the existing production well is capable of meeting the demand requirements at full buildout. This system will be classified as a public water system upon buildout. Therefore, it will be necessary to provide for disinfection of the water source prior to distributiou o the individual users. A pump house will be constnrcted near the well head. The pump house will contain pump controls as well as chiorination equipment. Chlorine contact time will be provided by the storage tenk discussed below by providing a separate feed line directly from the well head to the storage tenk prior to distribution. January 20, L992 Mr. Scoa Writer Page 2 To provide for instantaneous demands and daily operating storage, a storage tenk is proposed. storage t'nk should be sized at twice the average day demand, or a minimum of 36,000 gallons. storage tenk proposed for this project is 50,000 gallons. Fire protection will be provided by a buried 10,000 gallon cistern located as shown on the anached drawings and the additional 14,000 gallons in the storage t^nk. The cistern will be provided with a draft connection for utilization by fire fighting eqtripment. The cistern will be filled manually from the central water system after use. A 6' line will be extended from the water storage tank and a fue hydrant installd at the culdrsac. While the primary purpose of the storagg t'nk is for operation of the domestic system, the fire hydraat will allow acc€ss to the storage for &afting in the event a fue and need by the Fire Department. The distribution system will consist of 3" diameter PVC piping extended to each of the individual los. Taps wiil be provided to the lot line; it will be the responsibility of the individual lot owner to extend the service line to individuai residential stnrchres. Because of site topography, there are a number of the upper lots in the subdivision that wiil require booster prrmpS, depending upon the exact location of buildings on the lou, in order o create sufficient in-house pressures. Booster pump systems wiil be located within the mechanical rooms of the resideuces affected and would consist of a pump and pressure tenk gyglgm In summary, the test well constructed this ,J; r"l** o provide both water qua'trty atrd water quahty for the proposed project. A complete system can be constructed by following the recomm endations above. I will remain available to provide further information to either yourself or Garfield County as necessary to address any other questioDs concerning the domestic potable water system for Wooden Deer Subdivision. Resp ectfrrlly submined, SCHMI.'ESER GORDON MEYER, INC. DWG:lec/91174 SCHMUESER GOBDON MFTER, INC. The The TABLE 1 WOODEN DEER SUBDIVISION DOMESTIC FOTABLE WATER SYSTEM DEMANDS Non-Irrigation Season Average Day Peak Day (2.5 x average day) Irrigation Season Average Day Peak Day In-House (t) I 1,500 gpd / 8 gpm 28,900 gpd / 20 gpm t t,500 gpd / 8 gpm 28,900 gpd / 20 gpm 6,500 gpd / 4.5 gpm 16,000gpd/llgpm Total 11,500gpd/ Eepm 28,900 gpd / 20 gpm I8,000 gpd / 12.5 gpm 45,000 Wd l3l gpm 22 units at 3.5 capita/unit and 100 gpd/capita; attowance of 50% for caretaker units. 2000 square feet of lawn per unit; 0.596 A-F/A during peak monthly of June. WATER RTGHTS AND PLAN FOR AUGMENTATION FOR WOODEN DEER SUBDIVISION CARBONDALE, COLORADO Prepared BY: Resource Engineering, lnc. 802 Grand Avenue, Suite 302 Glenwood Springs, CO 81601 October 30, 1991 a TABLE OF CONTENTS INTRODUCTION Location "":' Prolect DescriPtton WATER NiOUINEUENTS WATEN RIGHTS New Water Rights ' '-: '-'^- eitg-.n,"tion Water Rights'''' ;i;';" Points of Diversion :Uf,Hif,Hll3'I"^irbru ' LIST OF TABLES rasLE 1 - wArER REOUIREM!\I:- +iE[ i - werEri niir'nelrrAloN S.HEDULE'''' UST OF FIGURES FIGURE 1 'WATER RIGHTS LOCATION MAP PAGE 1 1 1 1 4 4 4 6 6 7 J I I '..r INTRODUCTION LOCATION The proposedWooden Deer Subdivision is located on a parcelof land in the Sw%, Sw%, Section 24 andthe NW%, Section 25, Township 7 South, Range 88 West of the 6th P.M., Garfield counr/, cororado. A rocation map, Figure 1 , is attached. The parcel is approximately 1 05 acres in area and 'es on the east side of the crystar spring creek drainage approximately 3/4 m,e above the confluence with the Roaring Fork River' '::::::::::::::nt consists ot Z2sinsre famirv rots with a minimum size of two acres each.Eachlotwillbeallowedtohaveoneprimaryresidencewithanattachedcaretakerunitnot exceeding 900 square feet in area' Each rot wi, be a*owed a maximum of 2,000 square feet of lawn and garden irrigation and no farm animars will be a,owed in the subdivision. No commerciar or industrial development is allowed' The deveropment wi, be served by a central water suppry system consisting of wells' storage facilities and distribution piperines. Each we* wilr be metered separatery and each lot wiil have an individual water meter also' ThedomesticwastewaterwillbetreatedbyindividualseptictankandleachfieldSYstemS. WATER REOUTREME'VrS Thewaterrequirementsforthedevelopmentwillincludein.houseusefor22singlefamily residences and z2caretaker units. The in-house water requirements were estimated based on an average of 3.5.persons per singre fam,y residence, each using 100 spd (galrons per dav)' Each caretaker unit was considered to equar one-harf of a singre famiry residence' Therefore' each lot was allowed an average of 525 gpd for in-house use' The irrigation water requirements for the deveropment were based on the warer demand for lawn grass ar this rocation and erevation using the Blaney-criddre method' Table 1 presents average monthty water requirements for the proposed development' ,.-:r r! u -- \'-.'r I - r\,i r\-t Drr . -O^ Creek C,l <l \l;r--.=- l; Ivl-eslt [- \o.oo-/ \ FIGURE 1 WATER RIGHTS LOCATION MAP WOODEN DEER SUBDIVISION ,-') ' wD-t{o. '* ^Va -l'"a.^-r-t,.] Fosi i.;'i -\.'\J whrtar_Tes-3-]-------- TABLE 1 WATER REOUIREMENTS - WOODEN DEER SUBDIVISION (ACBE FEETI MONTH TOTAL DEMAND CONSUMPTIVE USE ' (1) DOMESTIC IN.HOUSE (2t LAWN IRRIGATION (4) DOMESTIC IN-HOUSE (sl LAWN IRRIGATION JANUABY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBEB NOVEMBER DECEMBER 1.O99 o.993 1.O99 1.063 1.099 1.063 1.O99 1.O99 1.O63 1.099 1.063 1.O99 o.ooo o.ooo o.000 0.o71 o.474 0.603 o.570 o.368 o.314 0.096 0.000 o.ooo o.1 65 o.1 49 o.1 65 o.160 0.1 65 0.1 60 0.165 0.165 0.160 0.1 65 0.160 o.1 65 0.ooo o.ooo o.o00 0.057 o.379 o.482 0.456 o.294 o.251 o.o77 0.000 0.o00 :iiiiiiiii:::i:i:i]:,ii O ;'! 6 5 .j'i;:1;.r'::ii:,::i.ii. O. 1 4 I :;:..1.'.l'l:';1.,:;1'., ..' O.'l 6 5 : li:itiiii.iiii,i.i O;2 1 7 I ..lii:iXiii:i.ili:i;i. O : 5 4 4 !, r,iiii::;::',,i.:,:,,i,i,,. 0 t 6 4 2 lrli,lri;ir1:,i;::r,,;:,,::,:i O. 6 2'! irii.i:i1ii.ii.i.:.;r'l:,i 0,4 5 9 ': ,..1,1;.;';,:':..,..i'i.'., Or+1'!, ii:ii''ri,il.:t: :i.,...,, o';24 2 lli,i.iiiiiliiii::'.:.ii O : 1 6O lilirri;i:::i;i:il:li: o; f o S .; 496'.Iii':iliit (1) Number of residences 22 (4) Percent CU for domestic 15% Number of persons 3.5 (51 Percent lawn irrigation. afficiency 80% Number of gallons per day 1OO Consumptive of lrrigation latlacl 1.975 Noto: Add 50 porcent for caretaker units (6! = (4) + (51 l2l Square feet of lawn irrigated 44000 Lawn application rate latlacl 2.469 (31 =(11 +(2) L A consumptive use rate of 15 percent was applied to in-house warer use assuming individual sepdc tank and leach field disposal systems. Return flows will be to the Crystal Spring Creek and Roaring Fork River. A consumptive use rate of 80 percent was used for irrigation assuming that application will be by sprinklers. All surface or groundwater return flows from irrigation will be to Crystal Spring Creek or the Roaring Fork River. Table 1 presents the average monthly consumptive use amounts for the development. WATER SUPPLY The domestic water supply for the proposed development, both in-house and irrigation uses, will be from two or more wells to be drilled on the properry. Well permit applications have been filed with the Colorado Division of Water Resources for six wells. Each well permit is for 50 gpm and 15.5 acre feet annually with a combined maximum pumping capacity of 100 gpm with an annual diversion limit of 15.5 acre feet for all wells. It is anticipated that the wells will draw water from the Basatt volcanic formation at depths of 250 feet to 350 feet below the surface. The aquifer is considered to be tributary to the Roaring Fork River. WATER RIGHTS NEW WATER RIGHTS Six wells are proposed for assist in preparation of the lnformation common to all Source: Depth: Appropriation: Amount Claimed: Use: the development. The following technical information is provided to water right applications. wells: Groundwater tributary to the Roaring Fork River. 350 feet September 19, 1991 by field location of well sites. 50 gpm (0.056 cfs) Domestic use associated with 22 single family units each with a caretaker unit and each with up to 2000 square feet of lawn and garden irrigation (1.0 acres total). 4 The wells will be located on the 105 acre parcel proposed for development and now owned by Grace L. cowen, which is under contract to the cLDc, a colorado corp. Four wells are in the SW%, sw%, Section 24, Township 7 South, Range gg west, 6th P.M. at the following locations. WELL NAME WD No. 1 WD No. 2 WD No.3 WD No.4 WELL NAME WD No. 5 WD No. 6 Two wells are located in the NW%, Nw%, Section 2s, Township 7 South, Range gg West, 6th P.M. at the following locations: DISTANCE FROM SOUTH LINE 800, 770' 380' 1 00, DISTANCE FBOM SOUTH LINE 481 0' 5050' DISTANCE FROM EAST LINE 4000, 4750' 4200, 4800' DISTANCE FROM EAST LINE 4600' 4050' A UG M ENTATIO N WATER R I GHTS CLDC will maintain a water service contract with the Basalt Water Conservancy District in the amount ol 4.2 acre feet to augment depletions associated with the domestic water usage at the Wooden Deer Subdivision. The 4.2 acre feet is enough to replace 100 percent of the development depletions and includes a five percent allowance for transit loss. The water uses include ordinary in-house use, irrigation and fire protection. The augmentation water is Ruedi Reservoir water right decreed in Case No. 4613 on June 20, 1958 in Garfield County District Coun. The source is the Frying Pan River. The right abutment of the dam is located at a point whence the Southwest corner of Section 7, Township 8 South, Range 84 west, 6th P.M. bears Nonh 68o 58 feer at a distance of 1,126 feet. U ALTERNATE POINTS OF DIVERSION The Basalt Conduit is a 450 cfs surface water right decreed in Case No. 4613. The source is the Frying Pan River and the decreed point of diversion is located in tnd left bank of the Frying pan River in the NE%, NW%, Section'18, Township 8 South, Range 84 West, 6th p.M. at the head of the outlet tube for Ruedi Reservoir whence the Southwest corner of Section 7, Township g South, Range 84 West 6th P.M. bears Nonh 79o OO feet West a distance of 2017.1 feet. I The proposed alternate points of diversion for the Basalt conduit are the six wells proposed for the Subdivision, WD No. 'l through WD No. 6, at the locations described under the section title New Water Rights. The amount for each well is 0.055 cfs. STREAM DEPLETION Diversions from the wells will result in depletions to surface flows in the adiacent streams. There are several wells in the sarne general area which are completed in the aquifer which the proposed subdivision wells are to tap. The reponed static water levels in the existing wells are above the Roaring Fork River elevation and indicate a groundwater movement down valley from nonheast to southwest toward the Roaring Fork River. There are various springs in the viciniry which surface at elevadons which suppon this conclusion. The proposed wells will be located from about 6,300 feet to 7,8OO feet from the Roaring Fork River and 800 feet to 1,500 feet from Crystal Spring Creek. They are located downstream from the most senior surface water rights on Crystal Spring Creek, namely; Kelley Ditch, powers Manin Spring and Pipeline and Mud Springs Ditch. The wells are also downstream of several small senior underground water rights. Because of the observed groundwater gradient, no injury is anticipated to these upstream water rights. The Thelma Ditch, the Freeman James Spring and the Foley Ditch all located downstream from the wells on the Crystal Spring drainage. The Foley Ditch and the Freeman James Spring divert from south of Highway 82 near the month of Crystal Spring Creek. The diversion points are downstream of large irrigated fields in Sections 25 and 26 and return ftows from these areas provide water to these rights. The diversion records kept by the SEo (1980-lggg) do not list the Foley Ditch or list it as "not usable". The Freeman James Spring has a recorded diversion of 1.0 acre feet for 1986 and 1987. ln all other years from 1980 to 1989 the Freeman James Spring is not listed. ln our opinion the Foley Ditch and the Freeman James Spring will not be impacted by the wells because the source of water is from irrigation return flows originating below the wells. Thelma Ditch divens from Crystal Spring Creek in the NE % of Section 26. The diversion records forthis ditch are consistent forthe years 1980 to 1988 with an average of 216 acre feet divened over 138 daVs. ln 1988 the ditch divened 81 acre feet over 67 days. We believe thatthe 0.80 cfs Thelma Ditch water rights is owned by and delivers water to the Cerise property in Sedion 25 for domestic use and irrigation of 27 to 30 acres. The depletions resulting from the proposed development are less than three acre feet (3.7 gpml during the irrigation season. ln our opinion the depletions are deminimus and immeasurable and a call by the Thelma Ditch would be futile. Kelley Ditch No. 3 was abandoned in Case No. 84CW218 and Kelley Ditch No. 2 is no longer listed in the SEO diversion records. Water commissioners Joe Bergquist and Alvin Cerise are unaware of the existence of a Kelley Ditch No. 2. PLAN FOR AUGMENTATION The plan for augmentation can replace 100 percent of the depletions to the Roaring Fork River by the release of water from RuediReservoir. Water will be released in accordance with the schedule shown in Table 2 when there is a call on the subdivision wells. The wells will divert under their own prioriry or as alternate points of diversion for the Basalt Conduit under that priority when not called by senior downstream water rights. An accountinq form acceptable to the Division 5 office of the State Engineer will be prepared to record all diversions on a monthly basis. Ruedi Reservoir releases will also be recorded on the accounting form and the accounting form will be provided to the State Engineers office on an annual basis or whenever it is requested. MONTH CONSUMPTIVE USE (1)RUEDI RESERVOIR RELEASES (2) JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBEB DECEMBER 0.165 0.1 49 0.1 65 0.217 0.544 0.642 0.621 0.459 0.41 1 0.242 0.1 60 0.165 0.173 0.156 0.173 o.228 0.571 0.674 0.652 o.482 o.432 o.254 0.168 0.173 TABLE 2 WOODEN DEEB SUBDIVISION WATER AUGMENTATION SCHEDULE (Values in Acre Feet) (1) tzt Based upon full developrnent of alt 22 tots. lncludes allowance for five percent transit loss. ln our opinion, implemntation of this plan for augmentation water rights. Respectfully submined: RESO URCE ENGINEERING, INC. will prevent injury to senior vested Water Resource Engineer PSB/mmm 267'2.O wdrrlo? :) ?., L I Colorado Departaent of HeaIth WATER QUAIITY CoNIRoL DIVISIoN Drloklug Water/Grouod Water SecEton 4210 E. 1Ith Avenue Denver, C0 80220 33t-4545 Re: PROJECT TITLE: CONSULTANT:Schmueser Gordon Meyer, Inc. County Garfield DATE:September B. 1992 lOO TEAR FLOOD PIj.IN CERTIFICATION Thls SEateoeot trust accotrpauy ar1 Requests for Review, plaos andspecificartons ET-r"c.. oreris7oa/or *ater treattrent facilltlessuboitted to the Colorado Departnent of Health. Wooden Deer Subdi.vision I hereby certify that a Professioaal Engineering judgroent has been nade afterevaluating alI available floor plaia data frou the colorado Water conservationBoard, U.S. Arrny Corps of Eagioeers, Housing and Urban Developueot, CountyGoverament' Local flood distrlcts, etc. regarding a potenEial 10Q-year floodthreat to the Wooden Deer ]!g1_l No. 1 and Control B,uildino(well o. tr for Carbondale_ Land D_evelopment Cglnpan,v (In/ooden, Deer Subdivision)(naoe of entity or district, etc.f In my opinion, these water works as located and desigoed, are uot subject toflood daoage by a 100-year event, based on inforoaEion enelosed froo the 1001 Grand Ave. , Suite 2E Glenwood Springs, Co. 81601 STATEUE}IT Flood Insurance St Garfield Counr Januar Cooounity Systems: Professional eogineert s Staop 985 i E1eptr , Presi"dent 7263D/ L709D Ltq Ft 3OD ":' ' ';'lT'"Uj GAR FIE LD COUNT,Y, UNINCORPORATED AREAS VOLUME 1 OF 2 .i: !'lt INSURANC -r. .;i: -':5is,':! .,.+ii;;l,i.g - .: ;.:: '. . JANUARY 3, 1986 :isl ' :. :- -. : . . .:-..'- .. ).-.,. l-' :-:-"t-:- t'..1-. i;:;'i:-:.'=:l'i;:.. "-;1:'., .' :':a-.- 11t ) ;;.ri.?lriiffif #Fi EOMMUNITY NUMBER. O8O2O5 . '__---') 23 /'. 7 I \\ \ w eI1 No. 1 and ConErol Building oden Dee Wooden Deer Subdivision // ) =_--:\ ii l tj ./t'// .7A- ,'./lO t,' ,ai' ,//,--y''/r \25 \ \ \ LIMIT OF OETAI LE O STUOY LIMIT OF DETAI LED STUOY o J lrlz oz o SN I IMI.r dF -LIMIT OFDETatr cn WELL CO}'I PLETION AN D TEST REPORT THE STATE ENGINEEF FOR OFI:ICE USE ONt Y APPROVAL ' GWS31€143 gacom6ni psrll?.d STATE OF COLORADO, OT '?E OF WELL PERMIT NUMBER HH-18363 COPY 10. GROUTING RECORD: Maladal furiount OWNER'SNAME(S) Carbonda,Io Land Devcl.opnenr Corp.MallingAddress P. 0. Eox 9705 City, SL Zp Aspen, Co. 81612Phone ( 303 ) WELL LOCATION AS DRII I FD , DISTANCE FROM SEC. UNES: FL From SUBDIVISION: SW 114 SIr, Sec. Line. And Sec. 21 Ft. From BLOCK Twp. 75 Sec. Line. FrUNG (UN|T) STREETADDRESS ATWELL LOCATION : GROUND SURFACE ELB/ATION DATECOMPLETED LT/OS/g! ft. DRILLING METHOD : TOTALDEFTH 2OO ft. Air Rotary @MPLfiED DEFTH 2OO GEOLOGIC LOG: Ooptr T)r€otHatedd (Size.Cotor.Typeano watorLo6todl WATERLOCATED: 1Ss .___6.s [ 30 I zoo 7. PI-A.IN CASING OD(in) Kind Wallsize From (ft) To (tt) 8. Filter Pack Material Size 9. Packer Placement Type Depth 1'I. DISINFEC]IION : 12' WELLTEST DATA: [] Check Box llTest Data ls S;b.,tt"d o" Supptemental Form.TESTING METHOD : Air conpressor Srrtic Level : 14 0 ft. Date/Time Measured t!/OS/91 production Rate 3::n: Level: TotaL ft. Date/Tirne Measured 11/05/gt Test Length (hrs)Ftemalks : r ttE [r{ ltL rvlfin,taa paal{/ n tia tacorld 6a9rea enC E ghdEbro * . o_a I nrdmrn .} lho nlixng ol foso slinmon!5 noto[r CONTFACTOR: Shelton Drilling Co. phone: 3Q3_92?_4Lg?.-,i-rtX"_ Nrrn / TE. (pt.sr. Tlp. or prtnr)Irlayne SheLton / Ouner FILT IIITTIITIIIITIIIIIIIIITII ENGINEEFIING INC Mr. Scott Writer CLDC President PO Box 9705 Aspen, Colorado 81 61 2 RE: Wooden Deer Well No. 1 November 27, 1991 Dear Scott: Shelton Drilling Company completed a well on November 6, 1g91 at the location ofWooden Deer Well No. 1 under a test hole perrnit. The total depth of the well is 2OO feet with 5 7: inch diameter PVC casing including 50 feet of perforated casing. A copy of the welt completion report is attached. The wellhit water at a depth of approximately 155 feet and the water rose to a static level of about 135 feet. The water level is below the elevation of Crystal Spring Creekto the north and supports our earlier conclusion, based on other well data, that thegroundwater movement is from the northeast to the southwest toward the Roaring Fork River. ln our opinion the well is not tributary to the Crystal Spring nor to Crystai Spring Creek above Kelly Ditch. Samuelson Pump Company, lnc. conducted a 24 hour pump test on the well on November 13 and 14, 1 991 . The initial test was conducted at 31 .9 gpm but the well reached equilibrium in just 15 minutes at a drawdown of only Jbout 7% feet. Available drawdown is nearly 60 feet. The well fully recovered in 45 minutes. A second test was conducted at 58.1 gpm and this test was continued for 24 hours. The total drawdown was 18 feet 1 inch and reached equilibrium at about 17 hours into the test. Recovery readings were taken for 90 minutes at which time the well had recovered over 96 percent of the total drawdown. The recovery curve followed the drarpdcwn curve very closely. A copy of the pump test data is attached. The water was initially cloudy but after a few hours of pumping it became clear. Water samples were taken at the end of the pump test and submitted to a certified tabfor water quality testing. All of the State of Colorado mandatory drinking water parameters will be tested. At this time the water quality results are not available. A total of 83,683 gallons of water was pumped from the aquifer over the duration of the pump test. The average water use for the subdivision is only 13,750 gallons per day, therefore, the test was conducted at a rate 6 times the average use rate. Although an absolute guarantee cannot be made, it is our conclusion that the test well at Wooden Deer Well No. 1 can provide a reliable long term 5O gpm water supply to the subdivision assuming that the water quality is acceptable or can be treated to be Consutting Engineers and Flydnclogiscs 8OP Gnand Avenue, SuAe sOP r Glenwood Spnings, CO 8160l r [3OS] %ffi777 I Fax *1>1137 F] ESIDUHCE Mr. Scott Writer Paga 2 November 27, 1991 made acceptable. A 50 gpm water supply is adequate to meet the needs of thesubdivision assuming that there is adequate storage to provide for peak demand andfire protection flow. Five additional well sites have been identified in the water right application and permitapplications have been filed for these wells. The purpose of these wells is to provideback-up to the Wooden Deer Well No. 1. lf you have any questions, please call. Sincerely, PSB/mmm 267-1.O ararrdrrrt.20T Attachment S. Bussone; P.E. Water Resourca Engineer LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD SHERRY A. CALOIA THOMAS L. ADKISON HAYDN WINSTON LEAVENWORTH & LOCHITEAD, P.C. ATTOR}IEYS AT LAW September 18, 1992 1011 GMND AVENUE P.O. DRAWER 2O3O GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-2261 FAX: (303) 94s-7336 Mr. Mark Bean Garfield County Planner Garfield County Courthouse 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 Re: Wooden Deer Subdivision Dear Mark: In connection with the Final Plat submittal, I am enclosing for the County's files a copyof the Ruling of the Referee in Case No. 91CW189, the augmentation plan for the Wooden Deer Subdivision. We expect to receive a final Decree shortiy after the time for filing a protest expires on October 3, 1992. All parties who oppose the case signed Stipulations with Carbondale Land Development Corporation; therefore, we believe that-protest is unlikely. Very truly yours, LEAVENWORTH & LOCHHEAD, P.C. kavenworth LEL:rln Enclosure cc: Scott Writer w/enc. Don DeFord, Esq. w/enc. C:\FIT F'S\BEAN.ILT LOYAL E. LEAVENWORTH JAMES S. LOCHHEAO SHERRY A. CALOIA THOMAS L. ADKISON HAYDN WINSTON LEAyENWORTH & LOCHITEAD, P.C. ATTORNEYSATLAW September 18, 1992 1011 GMND AVENUE PO. DRAWER 2O3O GLENWOOO SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-2261 FAX (303) 945-7336 Mr. Mark Bean Garf,reld County Planner Garfield County Courthouse 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 Re: Wooden Deer Subdivision Dear Mark: In connection with the Final Plat submittal, I am enclosing for the County's files a copy of the Ruling of the Referee in Case No. 9lCWl89, the augmentaiion plan for thi Wooden Deer Subdivision. We expect to receive a final Decree shortly after the time for filing a protest expires on October 3, 1992. All parties who oppose the case signed Stipulitions with Carbondale I-and Development Corporation; therefore, we believe that protest ii unlikely. Very truly yours, LEAVENWORTH & LOCHHEAD, P.C. Leavenworth LEL:rln Enclosure cc: Scott Writer w/enc. Don DeFord, Esq. w/enc. C:\FILES\BMN.ILT DEEDS AND AGREEMENT On this lE day of A,t urY ,1992, CLIFFORD CERISE RANCH COMPANY, a limited partnership (hereindfter "Cerise"), whose address is 0086 County Road 104, Carbondale, Colorado 81623, enters into this Agreement with the CARBONDALE LAND DEVELOPMENT CORPORATION (hereinafter "CLDC"), c/o Scott Writer, President, 39100 Highway 82, #11, P.O. Box 9705, Aspen, CO 816L2. WITNESSETH: WHEREAS, CLDC and Cerise are adjacent property owners in Sections 23,24,25 and 26, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado; and WI{EREAS, Cerise owns the property more particularly described in that deed recorded in the Office of the Clerk and Recorder of Garfield County in Book 641 at Page 297 as Reception No.fhereinafter the "Cerise's property"); and N c.,C 348snr'A WHEREAS, CLDC owns the property more particularly described in that deed recorded in the Office of the Clerk and Recorder of Garfield County in Book 819 at Page 100 as Reception No. 429844 (hereinafter "CLDC property"); and WHEREAS, CLDC intends to subdivide its property; and WHEREAS, a third party is disputing the location of Section Corner 23,24,25, and26, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado; and WHEREAS, this claim by the third party creates a property line dispute between the CLDC property to the north and Cerise's property to the south; and WHEREAS, this dispute involving the section corner is currently under consideration by the Interior Board of Land Appeals (IBLA), Citation No. 91-22; and WHEREAS, CLDC and Cerise would like to reach an agreement establishing the location of the disputed line regardless of the pending ruling of the IBLA; and WHEREAS, principals in CLDC are licensed Colorado real estate brokers; and C:\FILES\CLDC2.2AG luly 28,1992 WHEREAS, CLDC and Cerise, through the mutual conveyances set forth herein, intend to establish a boundary line to remain valid regardless of any ruling by the IBLA; and WHEREAS, CLDC and Cerise mutually represent that the conveyances provided for herein are free and clear of any mortgage and deed of trust for the benefit of a third party. NOW, THEREFORE, for and in consideration of the mutual promises and covenants, the sufficiency of which is hereby acknowledged, the parties mutually agree and warrant the following: 1. CLDC does hereby remise, release, sell, convey and quit-claim to Cerise, property along CLDC's southern property line. The property hereby quit-claimed consists of: All CLDC's right, title and interest in any and all property located South of the following line: A line situated in Section 25, Township 7 South, Range 88 West of the 6th P.M., County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point whence the witness corner for the Southwest corner of said Section 25, a stone found in place, bears South 03o59'00" West, 2864.52 feet, with all bearings relative to a bearing of North 31" l4'46u East between said witness corner and a rebar and aluminum cap marked L.S. 11204 marking the North ll4 comer of said Section 25; thence South 64"42'38" East, ll2.g4 feet, along the southerly boundary of County Road No. 104; thence South 63"24'41" East, 66.L2 feet, along the southerly boundary of County Road No. 104; thence South 60"21'03" East, 13.74 feet, along the southerly boundary of County Road No. 104; thence South 89o23' 11" East, 123.62 feet; thence South ffi"21'03u East, 18.72 fent, along the northerly boundary of County Road No. 104; thence 90.il feet along the arc of a curve to the left, having a radius of 164.23 feet, a central angle of 31o37'17" , and subtending a chord bearing South 76"09'41' East, 89.49 feet, along the northerly boundary of County Road No. 104; thence North 88"01'40" East, 59.79 feet, along the northerly boundary of County Road No. 104; thence, North 00"00'00" Fast,26.87 feet the point of terminus whence said witness corner bears South 13"22'38' West, 2847.14 feet. Cerise does hereby remise, release, sell, convey and quit-claim to CLDC, property along Cerise's northerly property line. The property hereby quit-claimed consists of: -2- All Cerise's right, title and interest in any and all property located North of the following line: A line situated in Section 25, Township 7 South, Range 88 West of the 6th P.M., County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point whence the witness corner for the Southwest corner of said Section 25, a stone found in place, bears South 03"59'00' West, 28&52 feet, with all bearings relative to a bearing of North 31" 14'46' East between said witness corner and a rebar and aluminum cap marked L.S. 11204 marking the North ll4 corner of said Section 251' thence South 64"42'38" E:rst, 1L2.94 feet, along the southerly boundary of County Road No. 1M; thence South 63"24'41" East, 66.12 feet, along the southerly boundary of County Road No. 104; thence South 60"21'03" East, 13.74 feet, along the southerly boundary of County Road No. 104; thence South 89"23'11" East, 123.62 feet; thence South 60"21'03' East, 18.72 feet, along the northerly boundary of County Road No. 104; thence 90.64 feet along the arc of a curve to the left, having a radius of 164.23 feet, a central angle of 31"3'7'L7" , and subtending a chord bearing South '16o09'4I' East, 89.49 feet, along the northerly boundary of County Road No. 104; thence North 88"01'40' East, 59.79 feet, along the northerly boundary of County Road No. 104; thence, North 00o00'00' East,26.87 feet the point of terminus whence said witness corner bears South 13"22'38u West, 2847.14 feet. 3. The parties agree that the conveyances of the properties described above shall be valid and binding regardless of the outcome of the IBLA Appeal currently pending, and that regardless of the outcome of the IBLA Appeal, the boundary lines established by the conveyances in Paragraphs I and 2 above between Cerise's property and CLDC property shall not be modified or altered in any way as a result of the outcome of said IBLA Appea.l, or any other survey adjustment by any other governmental entity. The parties further agree this Agreement shall be considered an agreernent entered into pursuant to C.R.S. $38-44-112. The map attached as Exhibit 'A' and incorporated herein by this reference shows the boundary line established by thb quit-claim deeds provided for herein. 4. CLDC and Cerise shall cooperate for the purpose of filing a boundary line affidavit with Garfield County concerning the conveyances provided for herein, the original of which shall be recorded with the Clerk and Recorder of Garfield County, as required by Section 1:64 of the Garfield County Subdivision Regulations. C:\FILES\CLDC2.2AG IuJy 2t,1992 -3- 5. This Agreement shall be successors and assigns of the parties. upon and inure to the benefit of the heirs, CLIFFORD CERISE RANCH CO., a limited partnership CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado corporation binding Date:t*/2* fa By ATTEST: C:\FILES\CLDC2.2AG laly 28,1992 -4- Acknowledged, subscribed, and sworn to before me this 12th day of August ,1992, by the Clifford Cerise Ranch Company, a limited partnership, by CI ifford Cerise , General Partner. STATE OF COLORADO STATE OF COLORADO COUNTY OF GARFIELD CouNrY or $acLerc\ C:\FIt ES\CLDC2.2AG luly 28, 1992 ) ) ss. ) ) ) ss. ) Acknowledged, subscribed, and sworn to before me this .]5 day of A,r*qr"^t ,1992, by Scott Writer, is President, and UV Ms Se[ffion Uehalf of Carbondale I^and Development Cotpo*tiorP- WITNESS my hand and official seal. My Commission expires: I l-8'Qa (.: (.'|-Qa.-x Qaur&e*- -5- /.--=-.- sz No/lors ro arNaoo ,4^'rlnllr'!irt3r'il'lr3: l3lii^ui33tr,ili{tiflo;r.-It '- I T'__v-si $/$ c>l *l sl3 8i$ I I \ ,E'O6 - 7,G'9' - J,CZ't9l - !./t,,/f.tt -- v t1 -Ot,lo-ffi s X&,,,lfgt.t-, Ido3 u.tnurutnly , T-rtrrx H bdHFl ,29'fzt _l -t t.cz-ee s )*P*"br\I I I I I ,o, o4/ Op-a&B 414r.-/^"o 9N/NN/039 Jo tNtod x]- 09 STYSS CIHdVUC AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT ePose and state as follows: 1. we are the owners of real property in the unincorporated area of Garfield County' which is described in Exhibit "A" attached t"t"to and incorporated herein by reference' z. we are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garfield county iuidiririon Regulations of 1984. said adjustmen! beine as more particularry set forth in that certain document bltween the parties lreleto entitled "Deeds and Agreement" and recorded simultaneousty herewith, which document is incorporated herein by this reference. 3. We hereby represent that no new lots will be created and therefore, Garfield county will not be required to issue *y uuitoirg permits, other than what it would be required to issJe for the already existing lots' 4.Weherebyrepresentthatnoneoftheparcelsofpropertyinvolvedinthisboundary line adjustment is part oi a previously platted subdivision of record' 5.Weherebyrepresentthattheboundarylineadjustmentmadereferencetoherein will not cause the loss of access by road or to utilities, to any parcel of property involved' 6. We hereby represent that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder' FURTHER AFFIANTS SAYETH NOT. DSNE this L{ day of i / , lgg2.-,/ CLIFFORD CERISE RANCH CO., A limited PartnershiP By C:\FILES\CLDC2.2AF luly 28,1992 CARBONDALE LAND DEVELOPMENT Colorado CorPoration NOTE: The full legal names of the Affiants should be typed or printed beneath each signature line. STATE OF COLORADO COUNTY OF GARFIELD before me this ntn day of a limited partnership, by Expires:2-27-93 STATE OF Colc>rMo ) )ss ) COUNTY OF 4r.0 e,tc\ ) )ss ) The foregoing document was subscribed O-ttAuLt , L992, by Scott Writer, President,---T- My Commission Expires: I l- I (/e- and sworn to before me this a5 day of Carbondale I-and Development Corporation. 110 Eighth Street Qs\flI ns\QIPQ!.f,trIl July 2t, 1992 -2- EXHIBIT'A' Carbondale Iand Develqpment Corporation Property That certain real property described in a deed recorded in the Office of the Clerk and Recorder of Garfield County in Book 819 at Page 100 as Reception No. 429844, which document is incorporated herein by this reference. Clifford Cerise Ranch Co. That certain real property described in a deed recorded in the Office of the Clerk and Recorder of Garfield County in Book 641 at Page 297 as Reception No. 348555, which documents is incorporated herein by this reference. c:\FIr Fs\cIDC2.2AIr I'uIy 28,1992 -3- tr--L EXHIBTT ATQ PROTECTIVE COVENANTS \ -"--r/,2 *4"*J/ tectM: nfi *^** .rF& 4Aodd\frtuoA - rffi :^ 'i.@* -M- @N --- SCHNUESER COROON UTIIR INC, a@, 6N Atu td r-au@ *8 MM rt@/(w) ,.5- t@ (/D ) /y,t.eAWa AM (Nt rfr4/2' IrOODEN DEER SUBDTVISION BOY R. ROINEN GOVEFIIOR COLOBADO GEOLOGICAL SURVEY DEPARTMENT OF NATUHAL RESOUBCES 715 STATE CENTET'INIAL BUILDING _ 1313 SHEHMAN STREET oEr.rvEB, coLoHADO 802O3 PHONE (3O3) 868-?611 8ie01 EXHIBIT B TO PROTECTIVE COVENANTS- GAHFTELD COUNl}.rru v/. RoLo 0TRECTOn GA-g2-0005March 4, L992 I,ir, Anclrer,v l,Iccregor, Planner Garfiel-d Ccun'E1r Planning Departinent Lcse, 8t.h street, suite 303 G''l +ri.rood 5pi:ings, co1ora,lo iriooden Deer Preliminary PLan Dear I4r. McGregor; At your reguest and in acccrCance with g.B. 35, !972l v/e have re.riewecl the naterrals subhitted for and urade a field inspectioi":, on February 25 , 199?, of the site of the proposeci resident:al" subdi.vision ref erenced above. I^le apol-ogize f or the delay j-n conrpleLing this revj-ew which r{as caused by the necessity for f ield stuliy, lrinter conclitions, ancl time clemands placed by other review comnii*ents. The folLowing cotrmenEs sunmari.ze our findings. (1) fhe general geology of this sj.te is that bedroclc unCer t'he subclivision is the regle Val1ey Eor:nation vrhich consists of sandstone, shaJe, and -evaporites (gypsum and anhydrite). Tnrs beCrock crops out (is at the surface) on nrost of the steeply slcping ground cn the lVooden Deer property. On gentler slopes, !li:bealock is overlain by a thin veneer of loess (l'rind-deposited silt) ancl colluviurn ancl, crt tire south end of the properiy, partially, by terrace gravel cleposited by the ancestral Roaring Fork River. Lag cleposits of nasait boulders are found at various places on the site, Because of these soil and rock conclitions and the situat:-on r.rirerby macer-ials containingr g"ypsum and anhydrite can be highly corrolive to concreter w€ recomrnend that e-+ch structure. in the subclivision have an incl-ividual- aite-sr:e-ei-fic soj-]s and foundaticn investigatlon. A qualified soils and foundation engineer should design -eacn building foundation and supervise lt" .constructi.on.Steeper areas shoulcl be avoided altogether as buitding sites. (2) The submitted drainage plan, if inplementecl, should be aclequate to mininize erosion problems. AIl materials on the site, except for gravel ancl basalt, are highly erodible and all roads and drivei+avs ihould be ccnstructed, with. extreate care v/ith respect to natural and man-nodif ied clraitrage Post-lt" brand fax transmittal memo 7671 | ; ot pag"" " j I )l\'rl l4t, Andrei+ I{cGregor l4arch 4 t l.992 Page 2 (3) I^le ccncur r,vith the recom'rnenclation that the emphasis should be on r,:raintenance of natura! vegetation in the subdivision. ft will be ;;p;;l;ffV inrportanr to minimj-ze S.andscaping irrigation near ruitaing i'oundltions and concrete fl'atwork If tire recolninendations nade above and those 'in the sunmitted reports ere follorted and o,iCu a ccndit'ion of approval. of t'his =rrtairi=ion, then rn,e ha1,e no geoLogy-related objection to it. AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT the undersigned affiants being first sworn upon thereof, depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit "A" attached hereto and incorporated herein by reference. ) in accordance 3. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit with the Garfield county Subdivision Regulations of lgf;f.rrr,, B,tnJo,/h1?_- We hereby represent that no new lots will be createdfand therefore, Garfield nn. at th.tt,p / County will not be required to issue any building permits, other than what it would be required to issue for the already existing lots. 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record. 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel of property involved. 6. We hereby represent that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETI{ NOT. DoNE nis ?A'-day ofAeif, 1o92. drru Ronald T. Martin 7 .. ',r, 4- A' Margery & Martin C:\FlI ES!{FFIDAV.TFO April 10, 1992'.". NOTE: The full legal names of the Affiants should be typed or printed beneath each signature line. srATE OF COLORADO ) )ss COUNTY OF GARFIELD ) The foregoing document qas subscribed and sworn to before me in the County of Garfield, State of Colorado thisrlr.lJ day of-April,-{992by Ronald T. Martin and Margery A. Martin fttrt+- U My Commission Expires: NOTE: The fulI legal names of the Affiants should be typed or printed beneath each signature line. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) The foregoing document was,pubscribed and Garfield, State of Colorado this /lfr day of April, Corporation, Scott Writer, Fresident. My Commission Expires: 0rl/r, 3/, /??: (\ 71 b fl ,o{ ,l 43 ( t1q ;, " r, c-0,yft a3 Address I sworn to before me in the County of 1992 by Colorado knd DeveloPment fu./roorrr ZoSq ilrr:ro'(F ' :s.AAddress -d2 C : \FILES\AFFIDAV2. 7FO April 10, 1992 EXIrrnIT,A. RECoRDED AT /e, /6 R Ec # rllt{ 9n? RECORDED AT 3/AREc o 4e?635 Dorix t4t| ruct '7IJ ff ;tbHE[(ita,QE9 ? g,le,e? cL ERK Boort E51 prcr 1t THIS AGREEMENT is made and entered into this 7'i^, of A e<"n [et-, r9gz,between c ARB oND ALE LAND D EvELo P M ENT c onFoRetr oNFc olorado corporarion(hereinafter referr_ed to as "cLDC") and the BoARD oF couNTy coMMISSIoNERs oFGARFIELD couNTy, coLoRADo (hereinafter referred to as the ,,county,,); WITNESSETH: WHEREAS, CLDC is the owner of certain real property located in Garfield County,colorado, more particularly described on the Final Plat for woojen Deer Subdivision which isfiled on even date herewith and on Exhibit A attached hereto and incorporated herein byreference, which .fal property is now known as "Wooden Deer Subdivision,, (hereinafterreferred to as the "Wooden Deer Subdivision',); and WHEREAS, as a condition of approval of the Final PIat (hereinafter referred to as the"Plat") for the wooden Deer, CLDC wishes to enter into this subdivision ImprovementsAgreement (hereinafter referred to as ',Agreement") with the county; and WHEREAS,. th9 County has required and CLDC has agreed ro provide security orcollateral sufficient in the judgment of the County to make reasonable provision for completionof certain public improvements as set forth on Ex-hibit B attached hereto and incorporated hereinby this reference; and WHEREAS, CLDC has agreed to execute and deliver a letter of credit or cash in lieuthereof to the county to secure and grar*tee its performance of this Agreement and has agreedto certain restrictions regarding the issuance-of building permits and Jertificates of occupancywithin the subdivision, all as more fully set forth herein'after. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES ANDTHE FOLLOWING MUTUAL COVENANTS AND AGREEMENTS, THE PARTIESHEREBY AGREE AS FOLLOWS: l' CLDC's Performance. On or before one (l) year from the date of the recordingof the final plat with the clerk and Recorder, GLDC ug.i, to construct and install, or to causeto be constructed and installed, at its sole expense, ihor" public improvements set forth onExhibit B attached.h:t.r9. CLDC agrees that all of the puuiic improvements to be completedas identified on Exhibit B shatl be constructed in compliance with the following: resolution ofapproval and final plat documents, constru-ction-drawings prepared by Schmueser Gordon Meyersubmitted to the county with the final plat; all laws 6r tnr- Uniteo States, state or colorado,Garfield county, and its various agencier,. affected special districts, and/or municipalitiesproviding utility services; and such other designs,-drawing, maps, specifications, sketches, andother matter submitted to and approved by -y of the abJre-stated governmental entities. n-'LccxP.m. DEC DRED ALSDORF,? r9$2 COUNTY CLER rl I rr\tt \r C:\FU ts\CtDCa.zAC Dcccrabcr l, 1992 L -l- Bocx 841) gei 74 Bilot< 65L rrcr 19 _ The County agrees that, provided such improvements are installed in accordance with thisParagraph 1, then if CLDC also complies with all requirements of this Agreement and theResolution of Approval of the Preliminary Plan, CLDC shall be deemed to have satisfied allterms and conditions of the zoning and subdivision laws, resolutions, and regulations of GarfieldCounty, Colorado. 2. Cost of Improvements. It is understood for purposes of this Agreement that thecost of all of said public improvements is contained on giniUit "8" in an ariount the Countyfinds reasonable and hereby approves and accepts. 3. Security for Improvements. be completed within one year. The internal improvements for the subdivision shall On the date of the recording of the final plat with the Clerk and Recorder, CLDC shalldeliver cash or a letter of credit in the amount of the improvements for the Subdivision, or othersecurity as provided for herein for improvements that relate to the phase to be completed byCLDC. A letter of credit shall be issued by a state or national banking institution which islicensed to do business in the State of Coloiado, in a form acceptable to the County, which acceptance shall not be unreasonably withheld. The amount of said letter of credit shall be equalto the total construction costs as shown on Exhibit B. Should some or all improvements withrespect to such phase be completed and accepted by the County, CLDC need provide no securityfor completed improvements. Certification of completion must be submitted by a registerj engineer and/or utility company. Such certification shatl certify that the improvenrents havebeen constructed in accordance with the requirements of this Agreement ind any exhibits attached thereto and incorporated therein and shall be stamped by a professional .ngineer. Acceptance of improvements shall not be unreasonably withheld; provided that, in theevent weather or other factors beyond the reasonable control of Cf.pC Oetay the installatiion ofthose improvements sensitive to weather or such other factors, the letter of crediit shall remainin full force and effect. -2- Upon receipt from CLDC of a certification that the improvements set forth on ExhibitB have been compltg, the County shall return within thirty (:O; o"yt from the date of saidcertification to CLDC the letter of credit marked "satisfied in fult'oiother security and shallacknowledge that said improvements have been completed in a satisfactory manner and shallotherwise release any letter of credit, in recordable form; provided, howeJer, that the Countymay inspect said improvements and submit a notice of defrciencies as provided in paragraph ihereof. Upon acceptance of the Certificate of Completion of any of the improvements andstatement of the cost allocation to such improvemlnt provided by a certifred professionai engineer, CLDC may apply for a reduction in ihe security (or face ujr. of the I-etter of Credit)in T amount equal to the sum allocated for the cost of the completion as specified in thecertificate of completion. The County shall allow CLDC to reduce such security afteracceptiance of completed improvements in accordance with this Agreement. oot;l( 851 rlcr R.Bctct< 849 rucr ?s The CountY msY, at its option, permit CLDC to substitute other collateral acceptable tothe County for the collateral originally given by CLDC to secure the completion of the improvements as hereinabove provided _ Failurd to post security as set forth herein shall constitute a breach of or failure to complywith this Agreement.\ 4. Upon full execution of this Agreement and the delivery of the security to thecounty, CLDC shall be entitled to enter into agreements and sell the lots within woodln Deer Subdivision. 5. Notice of Deficiencies. If the County determines that the improvements are not constructed in compliance with the specifications therefor, it shall furnish u l.ttrr of potential deficiencies to CLDC within thirty (30) days from the dare certification by CLDC is received 9y mq County that public improvements set forth on Exhibit B have been completed. If saidletter is not furnished within said thirty (30) days, all improvements shall be deemed accepted, and the County shall release all security as provided in Paragraph 3 hereof. If a letter ofpotential deficiencies .is furnished by the County, the County snm have sixty (60) days to complete its investigation and provide a written confirmation ofthe deficiencies to CLDC. Suchsecurity shall be released to CLDC within 10 days after completion of such investigation assuming such investigation finds that all improvemlnts are acceptabl". 6. School Impact Fees. CLDC shall be obligated to pay $200.00 per lot for schoolimpact fees. CLDC shall tender $200.00 to the County-for all lots at the time that security for or certification of completion of improvements is tendered to the County, whichever occurs first. 7 - Enforcement. In addition to any rights which may be provided by Coloradostatute, it is mutually agreed that the County oi any purchaser of a lot within the iubdivision shall have the authority to bring an action in ttre piitrict Court of Garfield County, Colorado, to compel the enforcement of this Agreement. In the event that no action is commenced before the issuance of the final Certificate of Completion of improvements and acceptance thereof bythe County, any purchaser's rights to commence an action shall thereafter be extinguished. 8. Consent to Vacate Final PIat. In the event that CLDC tails to comply with the terms of this Agreement, the County shall have the ability to vacate the Final plat, as it pertains to undeveloped lots only. Any existing developed lots, or lots which subdivision improvements haye begl properly constructed, shall not be vicated and final plat as to those lots shall remainvalid. CLDC shall.provide a survey and complete legal description, with a map showing thelocation of any portion of the plat so vacated. 9. Approval of PIat. The County agrees to approval of the Final plat subject to theterms and conditions of this Agreement and Condition of Approval of the preliminary plan. 10. Amendment. This Agreement may be amended from time to time, provided thatsuch amendment be in writing and signed by the parties hereto. c:u:Ir Fs\cLDca.2AG Dcccabcr I, 1992 -3- Buirx E51 racr 2- i)oc( 849 ruct ?6 I l. Binding Effect. This Agreement shall be a covenant running with the title to each lot within the subdivision and the rights and obligations as contained herein shall be binding upon and inure to the benefit of cLDC, his successors, and assigns. 12. ' Indemnity. To the extent allowed by law, CLDC agrees to indemnify and hold harmless the County for claims which may arise as a result of CLDC's installation of improvements pursuant to this Agreement. However, CLDC does not indemnify the County for claims made asserting that standards imposed by the County on CLDC are improper or the "uur"of the injury asserted. The County shall be required to notify CLDC of receipt of a Notice of Claim or Noticeof Intent to Sue and shall afford CLDC the option of defending any such claim or action. Failure to notify and provide such option to CLDC shall extinguish the County rights under this paragraph. Nothing herein stated shall be interpreted to require CLDC to indimnify the County for claims which may arise from the negligent acts or omissions of the County. 13. Roads. Roads within the Wooden Deer Subdivision shall be private roadways open to the public and shall be maintained and repaired by CLDC, at CLDC's sole expense. Approval and acceptance of roads within the Wooden Deer Subdivision shall not obligite the County to construct, maintain, repair, or replace such roads. CLDC applied for and received approval from the Board of County Commissioners of Garfield County foi a road grade variance for the roads as shown on the engineering drawings. CARBONDALE LAND DEVELOPMENT CORPORATION BOARD OF COUNTY GARFIELD COUNTY, COMMISSIONERS COLORADO By c:\FII Fs1g15g3.*O Dccobcr I, 1992 -4- 80cx 849 gcr ??8001( E51 nU *i EXHIBIT LIST Public Improvements to be completed including cost estimates. Proposed Letter of Credit. -5- Exhibit 'Au '-- Exhibit "B" Exhibit "D" c:\FJI Fs\Cl!c:!.2{c Dcccmbcr l, 1992 Final PIat, recorded or0E! ?149?as Reception No. {//ea/, a copy of which is not included with this Agreement OCT Z7 '9? L!:14 GRRFIELD COUNTY EXHIBIT B Clear and Grub Earth work Aggregate Base CourseFire protection tanksTank pad preparation Electricalr/telep hon e trench Water Distribution System Chip and Seal: Electric: Telephone: Additional Water System Components:Main Storage Tankpump Housepump House EquipmentFire Cisterns Landscaping (on deposit for24 months) Tota-l Letter of Credit requirement P.4/7 the the will the s325,000 29r000 52rooo 20,000 35r000 10,ooo 11,000 20,000 10.000 $511,000 Btrc!{ S51 pr6t Ag The following is- an anarysis ol. t\u funding requirements to completeinfrastructural elements oi the wooden Deer -subdivisio;-;J "no.ored, byGanfield county Boacd of county commissioners. said funding requirementsbe established by the carbondale^Land o"ruropruunt corporation (cLDc) inform of a Letter of credit in the favor or carrieia c""nti:- ---" The Letter of Credit wirl be estabushed at the folowing funding level: Total Projected Infrastructural Expenses: Excavation: {3#9"*Bnd( Septeuber 11, lgg2 Board of CounEy Conmissionersof Garfleld Couaty GarfleJ.d Counry Court Eouee Glenwood SprLugs, CO g160l RE: Carbondale Land Developmenr Corporation To l{hom Ir D(ay Concern: Carbondale Land Developrnent Corporation has met aII conditions forloan approval with regard.e co ci.," Wooden Deer Subd{vislon. Uponexecurlon of she roan docuuents, Alplne Bank is prepared to i:;;"a irrevocable lerter of credit in yiur favor. An exaapre of theIetEer is enclosed for your referur,ce. If you have any questions, please feeL free to co'tact ne. Sincerely r4ful /to" scof.+{La Presidenf Js/cj encl: 0326 Hignway r133 . Carbondate. Cotorado 81523 . (3031 s63_36a6 toraa,rt.^o.^ a! eoa.,^r,or. Aan. P.6/7 ocT a7 ,g?11:15 GFRFIELD COUNTY Buc( 851 rucr 25 - COUNTYOCT A7 '92 t!:15 GARFIELD All and shaIILetter of ThlsPractlce Letter of Creditfor Documentary EXHIBIT D is subject toCredits (L983 Flve Hundred Ereven Thousand and No/100 Dorrars( $5rr, ooo . oo ) Alpine Bank of carbondale hereby engages with the Beneficiarythat aI] drafts and documents drawn'undLr and in compllance withthe terms of this Letter of credit witi ue duly honored if drawnand presented for payment at^ t!e. arpi"" Bank of carbondare on orbefore the expiratiori date of this rietter of credit. ALPTNE BA}IK OF CARBONDALE Chanber of Comrnerce pub.400.rt 03?6 Hignway rl33 . Caroonoare. Coto/ado g1623 . (303) 963_3040 lgtil.tl, tic,aa lr hoat,ng !ot. Otat ###,rBilk DATE OF fSSUE: September 1, 1992 (Beneficiary) Garfield County APFLTGAIIT: Carbondare r,and Deveropment corporation EXPIRATTON SeptembeE I, L993 _hereby establish our irrevocabl.e letter of creditof the Benefici.ary aval]ab1e by puyrnurrt with -th; erpi"ucarbondale of the Beneficiary,s-aiafts drawn on the eipinecarbondaLe if accompanied uy trre folrowing documents:' a) A Beneflciary's statement signed by the commissioners bfGarfield County, colorado, certlfyint that rCarbondate LandDevelopruent corporation has faired tt perforru under and :inaccordance with- the provisions of the wooden Deer subdivision asper the executed subdivision Agreementrt entered into the lst, day ofseptember, 1992, between the Bene.ficiary and_the Appricant, a copyof which is attached hereto. an{ inco-rfo'rated h..;i; by reference,and stating the amount of the aefaulii-- b) The original Letter of credit. drafts drawn under this credit, are tobear the clause frDraum under alptneCredit No. 24065-03, Oated September P.7/7 Brrcr( 851 nce 26 I Ln favor Banlc of Bank of be endorsed hereonBank of Carbondalelst, J-gg}.n : the 'rUnifotm Custons andRevision), fnt,ernational By: REcoRDEo Ar ,'3- a'ctocx4.u. tEB 0 3 1993. i REC * 443,BZO MILDRED ALSDoRF' CouNrY CLER( STATE OF COLORADO COUNTY OF GARFIELD WITNESS my hand and olficial seal. __&83: j;**"*g instrument was acknowledged before me this - rst _oay of Cornmissioners of Garfield County, Colorado. BLro,( E53 fr0€E6g ACKNOWLEDGEMENT OF PARTIAL SATISFACTION SUBDryISION IMPROVEMENTS AGREEMENT KNOW ALL MEN By THESE pRESENT that: WHEREAS' carbondale Land Development corporation (hereinafter GLDC), enteredinto a Subdivisiollnnrovements Agreement with the Board of county commissioners ofGarfield county, colorado (hereinafter "Board") dated December T,lgg2,recorded in Book851' at Page 18 as Reception No. 442635 of the Garflreld county records on Decem br 29,1992, for the improvements of the wooden Deer subdivision; and WHEREAS' the obligations of the CLDC have been partially satisfied in part, asverified in a statement from Schmuessl Gordon Meyer, Inc. dated January 6, l gg3, and GLDCagrees that the Board shall retain and hold the sum of $668,912.00, which sum shall be securityfor perforrrance for.work remaining to be completed consistent with various uncompletedimprovements described in the subiivision Impiovements Agreement. Now THEREFoRE, at the request of the CLDC and in consideration of the premisesand prior agreements, the Board hereby acknowledges the partial satislaction of thesubdivision Improvements Agreement entered into by cioc and the Board for the woodenDeer Subdivision, and releases security in the amount of $143,070.00. ) )ss ) My commission expires January I0, I995 Br.r(l( t53 plcrE6g 1001 Grand Avenue, Suite 2E Glenwood Springs, CO g160j -- EpGruSSoc=-5r-*M-- SCHMUESER - (303) 945-1004 FAX (303) 94s-s948 January 6, lgg3 l, .,r-F r:i I i'ri -l '_t IU i/ clit'1 ' ' hsar-^' ti i'r'iili F{l'.'' ' r t:.; liMr. Mark Bean, County planner Garfield County Buitding, Sanitation and planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 91601 RE: Wooden Deer Dear Mark: Please find attached hereto a request for partiar rerease Agreement. The totar amount of this partiar rerease request Please call me if you have any questions. Sincerely, SCHMUESER GORDON MEYER, INC. from Subdivision lmprovement $ 143,070. Dean W. Gcirdon, p.E. lPresident_,/ t---- DWG:lec/91147 Enclosure cc: Mr.Scott Writer - WOODEN DEER SUBDIVISTON GARFIELD COUNTY PARTIAL RELEASE FROM S'IBDIVISION IMPROVEMENT AGREEMENT Work completed as of December 7, ,l992: 2. 3. 4. 5. EXCAVATIOiI - EARTH I.IORKS CONSIRUCTIO}I - Clear and gr.ub - Earthwork - Aggregate base course - Fire protection tanks - Tank pad preparation - Cutvert - Etectricat/tetephone trench - Ilater distribution system CHIP AND SEAL . GI.ICO ELECTRIC . HOLY CROSS TELEPIIONE . U.S. 9EST ADDIIIONAL T'ATER SYSTEX CO,IPO}IEIITS llain storage tank - Doughty Steet Punp house - Jamie Arnol,d Punp house equipEnt - Raul SamJetson LANDSCAP I NG Percent CoflrI ete 14 100 9t 10 100 -0- 100 -0- 13 -0- -0- -0- -0- -0- -0- -0- Contract Amount t 325,000 9,500 94,350 49,000 20,000 5,600 9,570 26,000 I 12,000 s 25,000 3 52,300 3 20,000 31,62 1 0, 000 1 0,000 1 0, 000 Retease Request . 113,070 g.5m 96,0@ 5,000 m,0@ -0- 9,570 -0- 15,000 -0- -0- -0- -0- -0- -0- -0- Total retease request Less previous request Total Release This Request All improvements have been made according to spe Garfield County. SCHMUESER GORDON MEYER, INC. 3141,070 -0- OCT A7 '92 Lt:14 GARFIELD COUNTY SCHUUE SROOJV A'EYER 'IJC. {rili( 851 rrcn 2^P.5/7 l@1 Grand Avenue, Suite 2.E Glenwood Springs. Cotorado gi601 (303)Salrooa Fo3) 92S727 : Ftu( (30o gl+sg48 coNsuLT',lJC ErrG,xEESS ' SURygYoSs September 14, 1992 Mr. Scott Writer Carbondale Land Development Corp. P. o. 8or 9705 Aspen, Co.81812 HE: Wooden Deer Subdivision Subdivision lmprovements Agreement Cost Estimates Dear Scott: This letter is to confirm the cost estimates prepared tor the Subdivisionlmprovements Agreement and attached thereot as Exhibit ,,A,,. The total estimatedcost of im p rovements is $S 1 1,OOO.OO. The costs were based on quotations received from the utility companies and bidsreceived for the construction work trom a number of contraitors. ln addition, anestimate of 910,000 has been prepared for revegetation costs. - ' -l' I trust that this letter in addition to Exhibit "A" is sufficient to provide the detallnecessary for the final execution of the subdivision lmprovementsAgreement. I willremain available to provide further input as necessary. Sincerely, SCHMUESER GORDON MEYER, 1NC. n W. Gord resi dent ia91147.1 419079 TEC ORDED tEc * AT d30o-orclor,,, M. Nov26 1990 MILDRED ALSDORF.' COUNTY CL ERK cARFIELD C0UNTYT C0LORAD0 Bnox 793 pA6rB38 ACKNOWLEDGEMENT OF SATISI'ACTION SUBDIVISION IMPROVEI,IENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Carbondale Land Development Corporation (hereinafterCLDC), entered into a Subdivision Improvemenis Agreement, with theBoard of County Commissioners of Garfield County, Lolorado (herein-after "Board").dated August 14, 1989, recorded -in Book 760, at page 926 as neception No. 'q,oqsa,l of the Garf ierd county records onAugust L4, 1989, for the improvement of the Finyon peaksSubdivision; and }iHEREAS, the obligations of the CLDC have been satisfied inpartr ds verified in a statement from the Schmueser Gordon Meyer,rnc. dated october 8, 1990, and cLDc agrees that the Board sharrretain and hold the sum of $S08.69, whicl sum shall be security forperformance for work remaining t6 be completed due to damage toGarfield county Road LL2 by cr,bc during construction. NOw THEREFORE, at the request of the CLDC and in considerationof the premises and prior_ qgre-ements, the board hereby acknowledgesthe satisfaction of the subdiwision Improvements Agreement enteredinto by CLDC and the Board for the eiinyon peaks Subdivision, andreleases security in the amount of $38,'431.31. 'rl' , I 7h,,zr r-..-. ./ *)s.)tt-By: Chairman STATE OF COLORADO ) couNTy oF .ARETELD i"t r, Thg foregoring ,instrument was acknowledge before me this /?/LdaY o.t //io-=tLL*L(/bJ , 1990, by Marian smiihr ds chairman of theEoaro or county Qommissioners of Garfield county, col-orado.; -1.-.".., WITNESS iny hi;d and of f icial seat. '- My commission' expires /-F-7 / County ) )ss ) R ECORDED REC # tr32AT 44 SBZO ACKNOWLEDGEMENT OF PARTIAL SATISFACTION SUBDryISION IMPROVEMENTS AGREEMENT KNOW ALL MEN By THESE pRESENT that: WHEREAS, Carbondale Land Development Corporation (hereinafterCLDC), enteredinto a subdivision Improvements Agreement with the Board of county commissioners ofGarlreld County, Colorado (hereinafter "Board") dated December 7,lgg2,recorded in Book851' at Page 18 as Reception No. 42635 of the Garheld county records on December 29,1992, for the improvements of the wooden Deer subdivision; and WHEREAS, the obligations of the CLDC have been partially satished in part, asverified in a statement from Schmuessl Gordon Meyer, Inc. dated Juouury 6, lgg3,and GLDCagrees that the Board shall retain and hold the sum of $66g,912.00, which sum shall be securityfor perfonnance for work remaining to be completed consistent with various uncompletedimprovements described in the subdivision Impiovements Agreement. Now THEREFoRE, at the request of the CLDC and in consideration of the premisesand prior agreements, the Board hereby acknowledges the partial satisfaction of theSubdivision Improvements Agreement entered into by CLDC and the Board for the WoodenDeer subdivision, and rereases security in the u-ouot of $143,070.00. By: STATE OF COLORADO COUNTY OF GARFIELD tt ',LocK4-H- tE,B 0 3 1993- IITiCREO ALSDORF' COUNTY CLERK Bt]or( E53 rucEg6g I t ,r',ri ll The foregoing instrument was acknowredged before me this rsr day ofFebruarv ':#f:1Etrn1(Buckey) Arianey, u. crrni...uo ortn" goard of countyCommissioners of Garfield County, Colorado. WITNESS my hand and official seal. My commission expires January I0, 1995 () - Br"ril( t5ll prctE6g 1001 Grand Avenue, Suite 2E Glenwood Springs, CO gt60.l SCHUUESER COBOON M€YER E^i6ltv€Ens SUNVEYORS IItvt -- Jr.LI(303) 94s-1004 FAX (303) 94s-5948 January 6, 1 gg3 '[s[ l,',lL:: l ..- IIti t.l; rr Ffttrr '. .1'.t "-t;,i la 'i^!'.rie rl irii,lri r I-: !'. t. .: Mr. Mark Bean, County planner Garfield County Building, Sanitation and planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO g160l RE: Wooden Deer Dear Mark: Please find attached hereto a request for partiat release from Subdivision Agreement. The totat amount of this partial release request g143,070. Please call me if you have any questions. Sincerely, SCHMUESER GORDON MEYER, INC. lmprovement Dean W. Gcirdon, p.E. fresident-/\---'- DWG:lec/9 1147 Enclosure cc: Mr.Scott Writer - WOODEN DEER SUBDIVTSTON GARFIELD COUNTY PARTIAL RELEASE FROM SUBDIVISION IMPROVEMENT AGREEMENT Work completed as of December 7, 1992: ?. 3. 1. 5. EXCAVATIOi{ - EARTH L'CRKS CONSTRUCTTO}I - Ctear and grub - EarthHork - Aggregate base course - Fire protection tanks - Tank pad preparation - Culvert - Electricat/tetephone trench - Lrater distribution system CHIP AND SEAL . GI.ICO ELECTRIC . HOLY CROSS IELEPHONE . U.S. I.'EST ADDITIONAL I.IATER SYSTEH COfiPONENTS - l,{ain storage tank - Doughty Steel- Punp house - Jamie Arnotd - Punp house equipnent - Raul Saruetson LANDSCAPI NG Percent Corotete 11 100 91 10 100 -0- 100 -0- 13 -0- -0- -0- -0- -0- -0- -0- Contract Amount I 325,000 9,500 94,350 49,000 20,000 5,600 8,570 26,000 I 12,000 3 25,000 3 52,300 3 20,000 34,662 10,000 1 0,000 I 0,000 Retease Request 3 143,070 9,500 86,0@ 5,0@ 20,000 -0- 8,5rc -0- 15,0@ -0- -0- -0- Totat retease request Less previous request Total Release This Request All improvements have been made according to specifi /< [, ?-l Garfield County. GORDON MEYEB,INC, approved by 31 43,070 -0- 3143.070 [E3'1"' d&g,#e fl ;ibBE t?^i,l;#BF, fols-!i, cr-e n* JACKNOWLEDGEMENT OF PARTTAL SATrSFACrroNrorr g5g,,:,,; $$$ SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Carbondale Land Development Corporation (hereinafter CLDC), enteredinto a Subdivision Improvements Agreement with the Board of County commissioners ofGarfield County, Colorado (hereinafter "Board") dated December T,lgg2,recorded in Book851, at Page 18 as Reception No. 442635 of the Garfield County records on Decem br 29,1992, for the improvements of the wooden Deer Subdivisio,; and WHEREAS, the obligations of the CLDC have been partially satished in part, asverified in a statement from Schmueser Gordon Meyer, Inc. dated February 22,1993, andCLDC agrees that the Board shall retain and hold the sum of $645,912.00, which sum shall besecurity lor performance for work remaining to be completed consistent with variousuncompleted improvements described in the Subdivision lmprovements Agreement. NOw THEREFoRE, at the request of the CLDC and in consideration of the premisesand prior agreements, the Board hereby acknowledges the partial satislaction of theSubdivision Improvements Agreement entered into by CLpC and the Board lor the WoodenDeer subdivision, and releases security in the amount of $23,000.00. By: STATE OF COLORADO COUNTY OF GARFIELD tt, , ) WITNESS my hand and ofllcial seal. ) )ss ) The foregoing instrument was acknowledged before me this J'd day ofdl 1g?3 hrr Er*o- /D,,^r-^..\ A -L^-^-- - - nrll97J , by Elmer(Buckey) Arbaney, as chairman of the Board of countyissioners of Garfield County, Colorado. field County Clerk My commission expires /-/o-7r WOODEN DEER SUBDIVISTON GARFIELD COUNTY PARTIAL RELEASE FROM S'IBDIVISION IMPROVEMENT AGREEMENT 858 *ni569B0 0i( Work completed as of February 9, I tem 1 993. 1. EXCAVATTO}I . EARTH IiIORKS CO}ISTRUCTIOT{- Clear and grub - Earthrork - Aggregate base course- Fire protection tanks - Tank pad preparation - Culvert - Electricat,/tetephone trench- Llater distribution system 2. CHIP AND SEAL - GI.ICO 3. ELECTRTC . HOLY CROSS 4. TELEPHONE . U.S. I.'EST ADDITIO},IAL IJATER SYSTEI,I COIIPONE}ITS - llain storage tank - Doughty Steet- Ptrtp house - Jamie ArnoLd- Ptap house eguipnent _ Rar.trr Sam.letson LA}IDSCAPIXG Percent CofiDI ete 44 100 91 10 100 -0- 100 30 26 -0- -0- -0- t t 3 5. 6. -0- -0- -0- -0- Contract Amount $ 325,000 9,500 94,350 49,000 20,000 5,500 8,570 26,000 I 12,000 25,000 52,300 20,000 34,552 1 0, 000 1 0,000 1 0,000 Previous Request $ 143,070 9,500 86,000 5,000 20,000 -0- 9,570 -0- 15,000 -0- -0- -0- Current Request $ 23,000 -0- -0- -0- -0- -0- -0- 3 8,000 31 5,000 -0- -0- -0- TotaI retease request Less previous tequest Total Release This Request All improvements have been made according to specifications submitted to and approved byGarfield County. GORDON MEYER,INC. J166,070 113.070 3 23.000 SC'lMUESER GORDON MEYEN ENGINEERS SURVEYORS M_. :r^Jr.\I(303) 945-1004 FAX (303) 94s-s948 1001 Grand Avenue, Suite 2E Glenwood Springs, CO 81601 945-2379 October 2I, 1993 Mr. Mark Bean, planning Director Garheld County 109 Eighth Street, Room 303 Glenwood Springs, CO 81601 RE: Wooden Deer Subdivision Supnlemental SIA Agreement Dear Mark: *l'rF,". :J iJ ii iii ,rh5, .s,';'./ AX: This is in support of the amendment to the SIA for wooden Deer Subdivision as it relates to the chip and seal treatment for the roadway surface. The estimated cost for that work is $2g,000, based on engineer's estimate as well as bid negotiations with contractors. It is, therefore, my opinion that the $28,000 accurately represents the value of the chip/seal for the Wooden Deer Subdivision. I trust this is sufficient to allow execution of the amendment. If additional information or documentation is needed, please call me directly. Respectfully submitted, SCIIMUESER GORDON MEYER, INC. W. Gordon, 7 Writer, - 1, CAII-EtOI\:tDAf,If I-AI\TI) DEVE Jt c/o Aspen, CoI.orado BL6L2(3O3) s2O-4477 August 24, 1993 Garfield County planning OfficeDavid Michaelson l-09 Brh Srreet Sui re 303Glenwood Springs, Colorado Sl6O1 RE: Amendment of wooden Deer "subdivisiorr rmpr'vement Dear Dave , r am writing to request an anrendment to t,e subaivisionAgreement ( "srA" ) f or the wooden Deer subcri vision date<I1992 and recorded in Garfiura county ir- tsook Bril pages26, Decembe r 29 , lgg}. coR-p ortA'r r or{- -:&",---- scott t{riter, f)resi6*-Pinrr:):-_Post of f ice Box 97O5 - '('40 ,iaq\ Agreement. t' Improv emen t December 7, 1B through The SIA requires fu1l completion of the improvements ,,...on beforeone (1) year from Ehe date'9t recordins of the Fi,al plat...,, whichtook place on Decembe r 7 , 1992, as Ro"""ption Nrrmbe r 441 908. The amendme,t requested is related to Lhe chip and sealing of thesubdivision road way. r would like to have unt ir June 30 , 1.gg4 tocomplete this final element. of the co,structi,:n. The Letter ofcredit from Alpine Bank of carbondare would remain in place in t'eamount of s2B,00o to cover the funding req.irements for thisportion of the consrructio, (tne ";;;;; specified in rhe srA forchip and seal). ttr.--J+ and seal is ttre on1.)r aspect of the ::":l:";ii:" "r ilre subcrivision cov"..a1,.his requesred amendment The reasons for t^his requested amendment are: first, we i.tended tocomplete a majority of ite subdivision road worrs during the Lgg2_3winter' This would have given the roadway the spri.g and surrmer toseLtle and the chip and 1ea1 would n"ru been put in aroun. .ow.Needless to say rast winter. was not a goocr tinre to buird a road sowork was postponed until this spri.g;;J summer. second, r want tolay the chip ancr sear at the bLst time f rom -. --.onstructiorrperspective ' r could sti1l ge; t; ;" bef.re December 7 asrequired, but r feel t,at itre qririay .t Lhe work is important ancrr would hate to r"y i t in baa weathe; "; bef ore tr.re road way had achance to settre a littr. ula. -e,rJ ;hiJ, there is a chance that upto six homes wirl be "t."t"a before June of rgg4. rf it ispossible to avoi-d puttirrg-.-Lhat much .orotruct io, traf f ic on t'eroadway all L,e betler. 1t"o, jusL avoi.ing ttre naturar wear andtear that tying in a driveway causes is a positive justification g x for the amendment.. Granting this amendment would benefit the currenL and eventualowners of Wooden Deer loLs because ttrey would be getting the chipand seal when it should be done (from a physica.[ standpoint), rroLwhen it has to be done (from an administrative stand point); whichshould extend the life and wear of the initial coat of chip andseaL. Please advise me of any additional requirements necessary, if atry,t.o see this requested amendment ttrrough. Sincerely, Carbondal e nd Development Corporation Sco t Wri ter Pres ident cc: David A. and Francis E. powell - owners loL 22Mark S. Kavasch and Susan D. Lau - owners loL ZtBarry Bdward and Loraine Kay Fields - owners lot zoVera Haberman - owner loL 1BJean M. and Dee Blue - owners lot 16Richard and Connie McCrudden - owners 1ot. l3Brian E. and sandra Grossma, Gaddis owners 1ot l1Doug Payne and carolyn Gray - prospective owners loL L4CLDC ownE all other lots at this writingJoe Scofield - Alpine Bank Lee Leavenworth Leavenworth and Lochhead