HomeMy WebLinkAbout7.0 BOCC Staff Report 02.18.2003BOCC 02/18/03
FAY
MEMORANDUM
REQUEST: Final Plat & Vested Property Rights for Blue Creek Ranch PUD
APPLICANT: WindRiver Development, LLC
REPRESENTATIVE: Larry Green
LOCATION: 3220 County Road 100 ("Catherine Store Road")
I.
SUMMARY OF REQUEST
As you are aware, the Board of County Commissioners (the "Board") approved the Blue Creek
Ranch PUD and Preliminary Plan on August 5th, 2002 which is memorialized via Resolution No.
2002-82. At present, the Applicant requests the Board 1) sign the Blue Creek Ranch Final Plat and 2)
grant vested property rights to the Blue Creek Ranch PUD pursuant to Section 14:00 of the
subdivision regulations.
II. PROJECT BACKGROUND
The Board approved the Blue Creek Ranch PUD / Preliminary Plan which is a project located at the
intersection of County Road 100 (Catherine Store Road) and Highway 82. Specifically, the approved
project included subdividing the 81 acre site into 48 residential lots ranging from 5,000 sq. ft. to 5
•
acres, of which, four (44) units shall be constructed by the Applicant and deed -restricted as affordable
housing units. In addition, the Applicant shall provide five (5) deed -restricted lots to be developed
pursuant to a specific affordable housing program that deals with unimproved lots proposed by the
Applicant and provided in the Subdivision Improvements Agreement (SIA). All lots will tie into
central water and wastewater systems. In addition to the residential uses, the development proposes
approximately 49 acres of common open space, a bike trail, and public river access.
III. STAFF COMMENTS
Staff finds the Applicant has satisfied all the conditions of approval contained in Resolution No.
2002-82. The Applicant requests the Board sign the Blue Creek Ranch Final Plat then subsequently
grant vested property rights status to the project which will, in effect, allow the Applicant to
undertake and complete the development and use of the property under the terms and conditions ofa
site specific development plan for a three year period. This vested property rights status will protect
the project's approval status granted under the current county regulations. In the event, the
regulations change in the next three years, the project will not be subject to those changes. This
vested property rights status will begin on the date of the Commissions approval and last for three
full years.
Affordable Housing
The Applicant has modified the language in the Subdivision Improvements Agreement regarding the
regulatory nature of the five (5) deed -restricted lots which is consistent with the direction provided
by the board at the February 3, 2003 meeting,. A copy of this modified language has been attached to
this memorandum and will be presented to the Board by the Applicant at the meeting on Tuesday,
February 18, 2003.
IV. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting.
3. That for the above stated and other reasons, the request for final plat approval and vested
property rights is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. That the request is in conformance with the Garfield County Subdivision. Regulations of
1984, as amended.
V. STAFF RECOMMENDATION
Staff recommends the Board of County Commissioners sign the Blue Creek Final Plat and approve
the request for vested rights.
VI. RECOMMENDED MOTION
"I move to approve the request for vested rights for the Blue Creek Ranch PUD."
2
• •
DEVELOPMENT AGREEMENT
WHEREAS, Blue Creek Land Holdings, LLC (the "Developer") has tendered the Final Plat
for Blue Creek Ranch Subdivision, to the Board of County Commissioners of Garfield County,
Colorado (the "County"), requesting approval of said Final Plat, and further requesting that it be
granted vested property rights in connection therewith; and
WHEREAS, the County has approved the said Final Plat of Blue Creek Ranch upon the
terms and conditions set forth in the Subdivision Improvements Agreement for Blue Creek Ranch
of even date herewith.
NOW, THEREFORE, be it agreed by and between Developer, and the County, as follows:
1. The Final Plat for Blue Creek Ranch submitted by Developer and approved by the
County on February 18, 2003, upon the terms and conditions of the Subdivision Improvements
Agreement for Blue Creek Ranch, shall and the same hereby is deemed to be a site specific
development plan as provided in Section 14.20.01.01 of the Garfield County Subdivision
Regulations, entitling the Developer to certain vested property rights as provided in C.R.S. 24-68-
101, et seq., as amended.
2. The County held a properly noticed public hearing on the Developer's request for
vested property rights in connection with said site specific development plan on February 10, 2003,
which was lawfully continued until February 18, 2003.
3. Developer shall have a vested property right to undertake and complete the
development and use of Blue Creek Ranch as provided in said site specific development plan for a
period of three (3) years from the date hereof, conditioned upon publication of the notice required
by Section 14.40 of the Garfield County Subdivision Regulations.
DONE AND AGREED TO this 18`h day of February, 2003.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:
John Martin, Chairman
Development Agreement
Blue Creek Land Holdings, LLC/Board of County Commissioners Page l of 2
• •
ATTEST:
'Mildred Alsdorf, Clerk to the Board
BLUE CREEK LAND HOLDINGS, LLC,
a Colorado lirnited liability company
By: Lane Investment Limited Partnership,
an Illinois limited partnership, its sole Member
By: Lane Industries, Inc.,
a Delaware corporation, General Partner
By:
Its:
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of February, 2003, by
as for Lane
Industries, Inc., a Delaware corporation, General Partner of Lane Investment Limited Partnership,
an Illinois Iimited partnership, Manager of Blue Creek Land Holdings, LLC, a Colorado limited
liability company,
Witness my hand and official seal.
Notary Public
My commission expires:
Development Agreement
Blue Creek Land Holdings, LLCJBoard of County Cornn+1SSioners Page 2 of 2
BOCC 02/10/03
FAJ
MEMORANDUM
REQUEST: Final Plat & Vested Property Rights for Blue Creek Ranch PUD
APPLICANT: WindRiver Development, LLC
REPRESENTATIVE: Larry Green
LOCATION: 3220 County Road 100 ("Catherine Store Road")
L SUMMARY OF REQUEST
As you are aware, the Board of County Commissioners ("Board") approved the Blue Creek Ranch
PUD and Preliminary Plan on August 5`h, 2002 which is memorialized via Resolution No. 2002-82.
At present, the Applicant requests the Board 1) sign the Blue Creek Ranch Final Plat and 2) grant
vested property rights to the Blue Creek Ranch PUD pursuant to Section 14:00 of the subdivision
regulations.
IL PROJECT BACKGROUND
The Board approved the Blue Creek Ranch PUD 1 Preliminary Plan which is a project located at the
intersection of County Road 100 (Catherine Store Road) and Highway 82. Specifically, the approved
project included subdividing the 81 acre site into 48 residential lots ranging from 5,000 sq. ft to 5
• •
acres, of which, four (4) units shall be constructed by the Applicant and deed -restricted as affordable
housing units. In addition, the Applicant shall provide five (5) deed -restricted lots to be developed
pursuant to a specific affordable housing program that deals with unimproved lots proposed by the
Applicant and provided in the Subdivision Improvements Agreement (SIA). All lots will tie into
central water and wastewater systems. In addition to the residential uses, the development proposes
approximately 49 acres of common open space, a bike trail, and public river access.
M. STAFF COMMENTS
The Applicant requests the Board sign the Blue Creek Ranch Final Plat then subsequently grant
vested property rights status to the project which will, in effect, allow the Applicant to undertake and
complete the development and use of the property under the terms and conditions of a site specific
development plan for a three year period. This vested property rights status will protect the project's
approval status granted under the current county regulations. In the event, the regulations change in
the next three years, the project will not be subject to those changes. This vested property rights
status will begin on the date of the Commissions approval and last for three full years.
Staff finds the Applicant has satisfied all the conditions of approval contained in Resolution No.
2002-82. However, as a result of the recent discussion with the Board regarding the regulatory nature
of the five (5) deed -restricted lots. the Applicant is currently drafting amended Ianguage to be located
within the context of the Subdivision Improvements Agreement (SIA) which will address the
Board's comments as well as those comments voiced by the Garfield County Housing Authority.
This newly drafted language will be presented to the Board on their February 18, 2003 meeting.
As such, the Applicant is requesting the Board open and continue the public hearing on the vested
rights request and the consideration of the final plat until the February 18, 2003 meeting before the
Board of County Commissioners.
IV. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting.
3. That for the above stated and other reasons, the request for final plat approval and vested
property rights is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. That the request is in conformance with the Garfield County Subdivision Regulations of
1984, as amended.
V. STAFF RECOMMENDATION
Staff recommends the Board of County Commissioners open and continue the public hearing on the
vested rights request and the consideration of the final plat until the February 18, 2003 meeting
2
before the Board of County Commissioners.
VL RECOMMENDED MOTION
"I move to open and continue the public hearing on the vested rights request and the consideration of
the
�Blue
�rCreek Ranch final plat until the February 18, 2003 meeting before the Board of County
Coli1141issioner . 7
3
TO:
FROM: Building and Planning Department
DATE: February 3, 2003
RE: Blue Creek Ranch PUD Affordable Housing Lots
ASV
r'r
644114,-- Pc4 • A rtv - 144'
A
_ c.0 eh...
STAFF MEMORANDUM
Board of County Commissioners
1, BACKGROUND
As you are aware, the Board approved the Blue Creek Ranch PUD in August, 2002. The approved
development included the provision of4 affordable housing units to be constructed by the developer
as well as 5 additional deed -restricted lots to be constructed by future lot purchasers that qualified
under the Garfield County Housing Guidelines. The specific condition of approval is as follows:
18. All nine (9) lots approved for deed -restricted affordable housing units are to be "for -sale"
units. The Applicant shall construct four (4) of the units as deed -restricted affordable
housing units pursuant to the Garfield County Housing Guidelines in the Garfield Zoning
Resolution. The five (5) remaining lots approved for deed -restricted affordable housing units
are to be constructed by future lot purchasers who tlualitj for those lots in accordance with
the Garfield County Affordable Housing Guidelines. The Applicant shall present further
details to the Planning Department as to the proposed nature of how the remaining five (5)
deed -restricted affordable housing lots are to be sold within the regulatory parameters of the
Garfield County Affordable Housing Guidelines. This lin iguage shall be provided at the time .,
of Final Plat. -- ;VC)
a) Specifically, the Applicant shall provide a detailed proposal for how the five (5) l'►'
affordable housing lots which will not be constructed upon by the Applicant will be '�`
sold in a manner which will address the I egulatory i n ten t f the AH Regulations.
s
In reviewing the final plat submittal materials for Blue Creek Ranch PUD. Staff referred the
developer's response to the condition referenced above to ensure the proposed 5 affordable housing
lots are consistent with the Guidelines, Tom Beard, vice -chair of the Garfield County Housing
Authority, provided a letter concerning the proposed approach to the five lots.
11. PURPOSE OF MEETING
Tom Beard, the County Planning Staff, and the developer would like to discuss the concerns raised
regarding the developer's proposal for the five additional affordable housing lots with respect to the
Housing Guidelines and the condition of approval. (Attached you will find the letter from Tom
Beard, the resolution approving the Blue Creek Ranch PUD, and the proposed plan presented by the
developer for the 5 deed -restricted lots.)
Januay 28, 2003
GARFIELD COUNTY HOUSING AUTHORITY
Ztlb RA;Ifoad Avenue. rtMe. CcJ 8 165
P°honr (970) 625.3589 or [970194:$40779 fax [970) 6254859
Garfield County Commissioners
109 8"' Street
Glenwood Springs, CO 81601
Dear Commissioners:
Recently you referred the developers of the Blue Creek subdivision to us to discuss their
affordable housing provisions. We met with their representative on Thursday, January 23
and he gave a presentation on the development and it's affordable housing components.
We have no problem with the four homes to be built, as this is familiar territory for us.
However the five lots with, no homes to be built by the developer, presents an unusual set
of ciIcurnSt'ances,
The regulations make no provision for the sale of affordable housing lots and lack
adequate structure to direct the process in a way that insures an outcome that will be
consistent with the objectives of the program,.
As it was presented to its, these lots are to be sold at a fixed price (set by the developer)
and the purchaser must build a home on them whose eanstniction cost/sales price, when
added to the lot, must fit within the affordable housing guidelines sec forth in the
subdivision regulations. The developer believes that the lots can be sold for
approximately $52,000,00 and the purchaser should be able to construct a home (1000 sq.
ft. per their model) for a cost to not exceed $105.00 per square foot. They say this type
and price of home is consistent with the four affordable homes they are planning to build.
One example of a potential problem is as follows: If these lots are treated uniformly per
the guidelines, as are completed homes, we are recruited to conduct a lottery of qualified
candidates. These candidates come from every sector of our local economy and have
diverse job skills. Many have no construction background and therefore would require
the services of a general contractor or qualified builder and possibly the services of an
architect. There is no guarantee that the applicants will be able to build a home within
necessary price`parai a err to accommodate the original targeted home price for
or. a• i , is seems o create a . igh likelihood of producing a situation where the
' 3a
... 11 1��.
•
Garfield County Commissioners Page 2
future homeowner has invested more money than they can hope to recover in a
reasonable length of time much less benefit from the deed -restricted appreciation.
While we see the merit of having a program that allows the creation of affordable
housing lots, we have a concern that, in this proposal, the significant risk is all carried by
the people who are being Housed and very little risk on the part of the developer.
Additionally, the developer raised the idea of trying to get one or more of these Jots into
the hands of some local non-profit organizations. These groups could then either house
their own employees or build energy efficient houses, etc. Again we agree that these
might be worthy objectives, but are totally unrelated to the objectives of the regulations
that have been established so far. The current approvals allow sales to individuals based
an income and not service organizations based an value to the community.
The Housing Authority has discussed this matter thoroughly, and we feel that the subject
of the five lots requires further discussion. I have reviewed our concerns with the staff in
Building and Planning, and they agree that it would be appropriate to discuss the situation
at the next Commissioners meeting. Blue Creek will come before you on February 10 for
approval of their final plat; therefore, the February 3 meeting would be timely.
The two Housing Authority representatives who will appear before you on Monday are
Jodie Schoberlein and I,
Sincerely,
Thomas B. Beard
Vice- Chairman
Garfield County Housing Authority
BaA' i,il t
z
JAN.2112003 a.2 P11 BATTLEMENT MESA -�
1111 1111
January 28, 2003
HD.44a P.
GARFIELD COUNTY HOUSING AUTHORITY
2178 Railroad Avanur. Rik Co 81650
Phony (9?O) 5:5.7Sa9 or (9701 94Z)O7: 3 Fax Wel 62541659
Garfield County Conunissioners
109 81I' Street
Glenwood Springs, CO 81601
Dear Commissioners:
Recently you referred the developers of tate Buie Creek subdivision to us to discuss their
affordable housing provisions. We met with their representative on Thursday, January 23
and he gave a presentation on the development and it's affordable housing components.
We have no problem with the four homes to be built, as this is familiar territory for us.
However the five lots with, no homes to be built by the developer, presents an unusual set
of circumstances.
The regulations :hake no provision for the sale of affordable housing lots and lack
adequate structure to direct the process in a way that insures an outcome that will be
consistent with the objectives of the program.
As it was presented to us, these lots are to be sold at a fixed price (set by the developer)
and the purchaser must build a home on them whose construction cost/sales price, wen
added to the lot, must fit within the affordable housing guidelines set forth in the
subdivision regulations. The developer believes that the lots can besold for
approximately $52,000.00 and the purchaser should be able to construct a home (1000 sq.
ft. per their model) for a cost to not exceed 5105.00 per square foot. They say this type
and price of home is consistent with the four affordable homes they are planning to build.
One example of a potential problem is as follows: If these lots are treated uniformly per
the guidelines, as are completed homes, we are required to conduct a lottery of qualified
candidates. These candidates come from every sector of our local economy and have
diverse joh skills. Many have no construction background and therefore would require
the services of a general contractor or qualified builder and possibly the services of an
architect. There is no guarantee that the applicants will be all to build a home within
necessary price parameters to accommodate the original targeted home price for
affordability. This seems to create a high likelihood of producing a situation where the
JAN.23.20103 4:25Ptt BATTLEMENT MESA CO NO.44B P.3
Garfield County Commissioners Page 2
future homeowner has invested more rroney than they can hope to recover in a
reasonable length of time much less benefit from the decd -restricted appreciation.
While we see the merit of having a program that allows the creation of affordable
housing lots, we have a concern that, :n this proposal, the significant risk is all carried by
the people who arc being housed and very little risk on the part of the developer.
Additionally, the developer raised the idea of trying to get one or more of these lots into
the hands of some local non-profit organizations. These groups could then either house
their own employees or build energy efficient houses, ete Again we agree that these
might he worthy objectives, but are totally unrelated to the objectives of the regulations
that have been established so far. The current approvals allow sales to individuals based
on income and not service organizations based on value to the community.
The Housing Authority has discussed this matter thoroughly, and we feel that the subject
of the five lots requires further discussion. I have reviewed our concerns with the staff in
Building and Planning, and they agree that it would be appropriate to discuss the situation
at the next Commissioners meeting. Blue Creek will come before you on February 10 for
approval of their ficial plat; therefore, the February 3 meeting would be timely.
The two Housing Authority representatives who will appear before you on Monday are
Jodie Scltoberlein and 1,
Sincerely,
Thomas B. Beard
Vice- Chairman
Garfield County Housing Authority
•
Larry,
Here is the letter 1 emailed you about this morning. The time is set for 2:30 PM on Monday,
February 3"1, 2003 during the Board's regularly scheduled public meeting. Please give me a call at
your convenience,
Thanks,
Fred Jarman, 945-8212
4 1/2/3
MEIMENIGINEERINGR E Sti R C E.
I N C.
Mr. Fred Jarman
Senior Planner
Garfield County Building and Planning Department
108 Eighth Street, Suite 201
Glenwood Springs CO 81601
RE: Blue Creek Ranch Final Hat — Condition of Approval No. 14
Dear Fred:
January 30, 2003
RE fi.1IED
JAN .: LU03
GARFtdtWW GUUNFY
9UILDIP G & PLANNING
Resource Engineering, Inc. (RESOURCE) has reviewed the January 10, 2003 letter with
attachments prepared by Zancanella and Associates. The proposed language on the
attachment entitled, Wastewater' Operation, provides an appropriate plan for inspection,
maintenance and pumping of the individual sewer system septic tanks on each lot. As
indicated in Condition of Approval No. 14 in Resolution 2002-92, this language should be
included in the covenants. We believe this would meet the requirements for Condition
No. 14.
Please call if you have any questions or need additional information.
Sincerely,
RESOURCE ENGINEERING, INC.
Michael J. Erion, P.E.
Water Resource Engineer
MJEfmmm
885-10.0
E iClient\885\fj bcreek cond 14 885.doc
CC Glenn Horn
Consulting Engineers and Hydrologists
909 Colorado Avenue • Glenwood Springs, CO 81801 M (970) 945-6777 • Fax (970) 945-11 37
Jan -10-03 09:45A.
P Q Box 1908
1005 Cooper Ave
Olenwoo
Springs..
CO 8 602
ZANCANELLA AND ASSOCIATES INC.
ENGINEERING CONSULTANTS
January 10, 2003
Mr Larry Green
Balcornb & Green, P.C.
P 0 Drawer 790
Glenwood Springs. CO 81602
Re: Blue Creek Ranch
Dear Larry.
•
(970)945-5700
(970) 945.1253 Fax
Zank@a rof.net
Attached for your review is some proposed language for the septic tank and wastewater
system for Blue Creek Ranch as required by Garfield County. Also attached is a letter
approving the Blue Creek RanchJAspen Equestrian Estates water system The approval
letter should be included in the final plat application to (he County
If you have any questions. please contact our office at (970) 945-5700.
Very truly yours.
Zancanella & Associates, Inc.
+Th co Z c ,e3vwdei
Thomas A. Zancanella, P.E.
Attachment
cc: Fob Gumming
Mark Bean
Scott Miller
Glenn Horn
r +2000@t3O729 Nuo mak ranchlwastawator-op dot
1
P. 01
Post -11` Fax NM 7671
w,'./. ,ra
`.
pate
/.-
[e r„1r
!*"�,h VPrem
( i
,�
i'
ve,-Ar
L,t.1
C.o oir.hapi
fel
0ou1ruI
I.. " L �.-.
ll
3.l /1”
Jan -10-03 09:45A
Wastewater Operation
Slue Creek Ranch Homeowners Association (HOA) shall retain the services of a Class C
operator to operate and maintain the wastewater system in accordance with the Blue
Creek Ranch Discharge Permit, The operator shall also have a Class 1 collections license
for the operations and maintenance of the collection system
Each septic tank connected to a home with a certificate of occupancy shall be inspected on
an annual basis for physical condition and sludge level. 1 he collections operator shall
coordinate the pumping of the septic tanks on an as needed basis or at a minimum of once
every three years. Inspection costs and pumping costs will be paid by the HOA, however,
individual cost maybe assessed to the individual lots as a surcharge to the HOA dues.
P. 02
Jan- 10-03 O9:46A
05.3
STATE OF COLORADO
B711 l)wcn►. uovemas
Pouyaa H Bmcvc+rrr. Acton Exec -Ave r)hrect4r
j3.duanrf ra p+pvCA.j Art& ogrpnwpec ;hr *rata. any el.., ofl.ke a a/ aha 6aarr[r nt Corned
Gra¢rd Junction Regional Office
222 S 5•., Rrrn 232
Grand Junction CO g 1501.2766
Fix ‘910)1,418.719g
Anp //www.tdphe srare.ro.ut
December 19, 2002
Blue Creek Ranch Subdivision/Aspen Equestrian Estates
Master Water Association
Blue Creek Ranch Subdivision
Attn.. Mr. Rob Cumming
3220 CR 100
Carbondale, CO 81623
Blue Creek Ranch Subdivision/Aspen Equestrian Estates
Master Water ASSOC] anon
Aspen Equestrian Estates
Mr Jay Weinberg, Ownerr'Developer
3215 CR 100
Carbondale, CO 81623
L` i or tk Depanment
of Public Hcalth
anti Envaronnices
Re: Capacity Development Plans and Specifications Approval. Blue Creek Ranch
Subdivision/Aspen Equestrian Estates, Community Water System, Groundwater Treatment
Plant, Appaloosa Well, Arabian Well, Storage/Chlorine Contact Tank, PWSIU;I PENDING,
Garfield County
Dear Mr. Cumming: and Ms. Weinberg..
The Public Water System capacity development plans and specifications for the Blue Creek Ranch
SubdlvtstoreAspen Equestrian Estates, Community Water System, received on November ] 6. 1999,
January 26, 2000, March 6, 2000, and October 28, 2002 have been received and reviewed in
accordance with Article 2 l .5 of the Colorado Primary Drift ;ing Water Regulations, and are hereby
approved, under the following special conditions
1 A raw water microscopic particulate analysis (MPA) was done December 3, 2001 with
Low Risk results, Another MPA must be done on the Arabian Well during the spring
runoff 2003. The results must be sent to this office within two weeks after receipt to
determine if the well is under the direct influence of surface water. The Div Iston may
rescind the water system approval if the additional MPA is not conducted.
P 03
Jan -10-03 09:46A
• •
2. A detailed vulnerability assessment should be completed when the system receives a
pubic water system identification number (PWSID) to determine if the system qualifies
for reduced chemical monitoring.
A lead and copper study rust be competed when the when the system receives a public
water system identification number.
An operations and maintenance manual. following the minimum outline from the State of
Colorado New Water Syystem Capacity Planning Manual. must he completed and made
available to the water system administration or owner, and certified water treatment
operator. The manual trust be completed within three months aster receiving a PWSID.
Enclosed is a table of contents to be followed when developing the operations and
maintenance manual.
The approval is for the following:
Groundwater Treatment Facility with Maximstn Design Rate From Storage Tank = 310 -Darn
Hvpochlorination Disinfection System
Chlonne Contact/Storage Tank 200,000 -gallons
Chlorine Contact Time = 200,000-gallons.110-g'pm X A/T factor 0.1 = 64 -minutes
(2) Ground Fater Wells — Appaloosa Well, and Arabian Well
All change orders and addendurns must be submitted to this office in duplicate for approval. When
approved, one copy will be retained and one copy returned to you.
Once construction has begun on the project, a representative from the Department may conduct an
interim construction inspection. Prior notice will he given to such an inspection.
When construction is estimated to be within 60 days of completion, the project engineer must
contact this Department_ A representative of the Department may schedule a site visit to
conduct a final construction inspection before the plant is placed on Line.
Upon completion of construction, a written certification from your engineering firm stating
that the facility was built as approved by this office must be submitted to the Department.
Approval of this proposed project is based only on engineering design and the facility, 's ability to
provide safe potable water, meeting the Colorado Prnmani Dunking WaterRegulations. Approval
shall in no way influence local planning decisions.
In accordance with the Colorado Primary Drinking Water Rcgalations the water quality rnnnttonng
shall cornmence no later than at the time when the water system becomes Public, reaching 15 taps or
serving twenty-five people for sixty ar more days per year. You must notify this office in writing
when the water system meets the definition of 15 taps or serves twenty-five individuals for sixty
days per year so a Public Water System Identification Number (PIA'SID) can be assigned.
Failure to notify the Division will result in a violation of the Colorado Pnmary Drinking Water
Rei :lstions.
P _ 04
Jan -10-03 09:46A
Under current regulation, when the water system becomes Public, it will he classified as a small
water system requiring a minimum of the small water system water trearment certification in direct
charge of the water treatment facility. The small water system certification combines the water
treatment certification and Class 1 Distribution certification into a single test and certificate.
Any point source discharges of water from your facility are potentially subject to a discharge permit
under the State Discharge Permit System. Any point source discharges to state waters without a
permit are subject to cavil or criminal enforcement action. If this facility has any discharges without
permits, you are required to contact the Water Quality Control Division, Permits and Enforcement
Section, at (303) 692-3500. regarding permit requirements.
If you have any questions, please call Robert Cribbs at (970) 248-7199.
Robert Cribbs
Environmental Protection Specialist
Water Quality Control Division
Enc.: Operations and Maintenance Manual. Outline
Tom Schaffer, P.E.
West Slope Supervisor
Water Quality Control Division
CC: Mark Bean, Garfield County Planning Department
Thomas A, Zancanella, P.E., Zancanella and Associates, Inc., P.O. Box 1908, Glenwood
Springs, CO 81602
Dwain Watson. D.E., Technical Services Unit, WQCD
Enca Kannely. Compliance and. Data Management, WQCD
R. Cribbs
P. 05
Jan -10-03 09:46A
P.06
Operation and Maintenance Manual
Table of Contents
Item
Page
Number
Facility Description
Startup Procedures
Normal Operation Procedures
Maintenance Program
Sampling and Analysts Schedules
Slaffing crud Training Requirements
Identification of Potential Risks to the Water Supply
Safety Program
Unaccounted Water Tracking Plan
Available Resources for External Technical and Financial Assistance
Emergency Operating Procedures
Manufacturer': Manuals
Water System Policies
Budget and Rate Structure
'Water System Responsibilities
Customer Responsibilities
Cross -connection Control
Customer Information or Public Education
Custorrier Complaints
Water Quality Violation Response and Notificationn
01117/2003 17:25 FAX 19709459769
r
LARRY GREEN Q002
•
.Jo..N A roukson
EprNwC M11LNALL, Jw
SCOT T tIALCtimk1
LAW ENCS R. GREEN
T:i.vINV A. 1..u,_500.
DAM°. C. 1-kE6-1-rcAo
CAmi roPmcm L ODGER
ANNE MAME CAL.LANAN
AMANDA N MAU tJ
LiE•OgwN CMvia'
DAVID P. JON'Es
Aso Am. gum_ TTI - Ac'nr# 1.N
) fl Tew. •n3 M,US SJNP
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. O. DRAWER 790
MIS COLORADO AvENvE
GL.ENWOOD SPRINGS, COLORADO 81602
Telephone: 970.945.8546
Facsimile 970 945.9769
January 17, 2003
VIA FACSIMILE TO: [970) 945-6889
ORIGINAL TO FOLLOW BY U.S. MAl1.
Karen Stufflebeam Rowe
Resident Engineer, Region 3
Colorado Department of Transportation
202 Centennial Street
Glenwood Springs, CO 81601
Re: Blue Creek Ranch
Dear Ms. Rowe:
O COUNsrL
KENNET-. BALCOMU
1 represent Blue Creek Land Holdings, LLC, the owner and developer of Blue Creek Ranch
P.I I.D in Garfield County. Colorado.
1 understand from discussions with representatives of my client, as well as Fred Jarman of
the Garfield County Planning Department, that CDCJT is now considering accepting the dedication
from my client of a small piece of ]and at the intersection of Garfield County Road 100 and State
highway 82. 1 was advised earlier today that you have indicated that CDOT is expected to make its
final decision on this issue next week.
I am writing to respectfully request that CDOT in fact make its final decision no later than
Friday, January 24, 2003. Any delay in CDOT's decision beyond that date is unacceptable to my
client as it will prevent the presently scheduled approval of my client's final plat.
There is a noticed public hearing for my client's final plat before the Garfield County
Commissioners on February 10, 2003. Under Garfield County procedures, the original mylar of the
final plat, executed by all parties except the Commissioners. must be before the Commissioners at
that. time. This requires that the fully executed plat, including signatures of appropriate CDOT
officials if CDU"l' is going to "accept" the dedication on the plat, be delivered to Garfield County by
February 3. at the latest. Under this schedule, 1 believe that provided a final decision from CDOT
01/17/2003 17:25 FAX 19709459769
Karon Stufflcbeam Rowe
LARRY GRIs:1iN
BALCOMB & GREEN, P.C.
ATTQ NEYs AT LAW
January 17, 2003
Page 2
is forthcoming by January 24d' we can use the week of January 27' to circulate the plat far all
signatures, including CDOT's. and the appropriate representatives of my client, who are out of state.
Delay in CDOT's decision means that we will be unable to prepare and sign the plat in time to meet
the hearing date.
if CDOT is unable to make its decision by January 24th, I suggest that as an alternative, the
plat provide that the parcel in question be dedicated to either CDOT or RFTA, arid that at the time
the sinal decision as to the recipient of the property is made, the owner will complete the dedication
by the execution and delivery of a deed for the property to the appropriate entity. In this way, the
plat can be approved as scheduled, and additional time afforded to CDOT and RFTA to determine
which entity should become the ultimate owner of the property.
Please let me know at your first opportunity how CDOT wishes to proceed in this matter.
Very truly yours.
RALCOMB & GREEN, P.C.
LRGi be
xc: Fred Jarman
Gavin Brooke
Rob Cumming
Lawrence R. Green
01/17/2003 17:25 FAX 19709459769 LARRY GREEN
1111 4111
BALCOMB & GREEN, P.C.
Attorneys at Law
P.C. Drawer 790
818 Colorado Avenue
Glenwood Springs, CO 81601
TELEPHONE (910) 945-6546
TELECOPIER (970) 945-9769
FACSIMILE TRANSMISSION NOTE
Idiom
1
RECEIVED
i„ FIELD t,UUNIY
BUILDING & PLANNING
Date:
# of Pages:
To:
FAX ##
From:
January 17, 2003
3, including cover sheet
Fred Jarman
970-384-3470
Lawrence R. Green
In case of a problem call BRITT at (970) 945-6546
LAWRENCE R. GREEN'S TELECOPIER NUMBER IS 970-945-9769
BALCOMB & GREEN, P.C.'S MAIN TELECOPIER NUMBER IS 970-945-8902
Comments/Instructions:
THIS FACSIMILE TRANSMISSION IS CONFIDENTIAL
The information contained P this facsimile message is prolectea by ATTORNEY/CLIENT AND/OR THE
AUTORNEYNVORK PRODUCT PRIVILEGES. tt is intended only for the use of the individual named above. and the
privileges are not waived by virtue of this having been sent by facsimile lithe person actually receiving this facsimile
or any other reader of the facsimile is not the named recipient, or the employee or agent responsible to deriver it to the
named recip:eni, any use, oissemtnation, distribution or copying of this communication is strictly prohibited. If you have
received this Communication in error, please immediately notify us by telephone, and return the original message to us
at the above address via the U.S Postal Service Thank you.
• •
Fred Jarman
From: Rowe, Karen [Karen.Rowe@DOT.STATE.CO.LIS)
Sent: Monday, January 13, 2003 10.02 AM
To: Fred Jarman
Cc: Mike Davis _RFTA: E sen. Joseph
Subject: FW: RFTA bus stop at Catherine Store
Fred,
CDOT is looking at actually taking the land afterail. We need some coordination with the
wording. The final decision hasn't quite been made yet and maybe we should decide if it
would be better for RFTA to have the property or CDOT. Sorry about the confusion. 1 am
heading to Denver today but I'll be talking to my boss in the meantime and RFTA. We will
try and have an answer by the end of the week.
Thanks.
Karen
Original Message
> From: Sheader, Matthew
> Sent: Monday, January 13, 2003 8:57 AM
> To: Rowe, Karen; DeVore, Dennis; Smith, Tammie
> Cc: Roussin, Daniel; Eisen, Joseph
> Subject: RE: RFTA bus stop at Catherine Store
>
> Here> '> s the process to accept a dedication:
> We need wording on the plat that say> '> s Dedication accepted by CDOT
> (or something of that nature) and a signature block for the Chief
> Engineer and the Chief Clerk. And of course Tammie will need to do her
> ISA. So if we are going to do this, we need to get with the developer
• ASAP to get the correct wording on the plat and allow Lime for CDOT>
> '> s signatures and the ISA.
>
> Matt Sheader
i
110/2002 13:40 6166821, WINDRIVER COMPS
WINDRJvER
COMPANTES
Pr,re t low) - Gwedxf11g.r • J4.1 tvsrr }rrsrn - l rc 0.9+w-•
December 23, 2002
Mr. Rich Orton.
Mr. Charles Meyer
Ms. Karen Stufflebeam-Rowe
C.D.O.T.
202 Centennial St.
Glenwood Springs, CO 81601
Mr. Mike Davis
Rural Transportation Authority
0051 Service Center Dr.
Aspen, CO 81611
Re: Blue Creek Ranch - Tract 1 halal Dedication.
Dear Sirs and Madam,
This correspondence serves as notification to you that Blue Creek Ranch will be
going before Garfield County on January 20, 2003 for their final plat hearing.
WindRiver has made several attempts to donate land to CD.O.T. and Garfield
County. Garfield County has declined the offer, and up until now, C.D.O.T. has
not accepted our offer to donate Tract 1 of the Blue Creek Ranch Subdivision, so we
are now offering this Park -and -Ride land dedication one final rime.
On January 04, 2001, 1 met with C.D.O.T. representatives to discuss the dedication
of a Park -and -Ride at the intersection of Highway 82 and County Road 100. This
dedication included some acreage and also some trees and shrubs to improve the
appearance of the corner and road frontage.
1 again met with C.D.O.T. representatives on October 31, 2001, to further discuss
the details of the land dedication and the appropriate manner in which to handle this
dedication.
rap 4 o, n RIVER. DRIVE, N.E. • ADA, MICHIGAN 49301 • PtioNz 616 682.9270 • FAX 616. 682.2860
PAGE 01/02
1 '?6/2 iu2 13:40 61668
WINDRIVER MP S PAGE 02/02
Again on August 21, 2002, we mer with C.D.O.T. representatives to continue
discussion of the dedication. After this meeting, we received follow up
correspondence from Karen Stufflebearn-Rowe, as to how to best handle this
proposed dedication. Since these meetings, we have received preliminary plan
approval and as previously mentioned, we will go before Garfield County on
January 20, 2003 for our final plat hearing, at which time, any future possibilities for
this dedication will not exist_
If you are interested in accepting this land dedication from WindRiver, please
inform. us in writing by January 15, 2003.
If you have any further questions or concerns, please contact me at (866) 502-9270.
Thank you for your time and attention to this matter.
Best Regards,
Robert M. Cumming, jr.
fir
cc: Gavin Brooke
Ci' Slwed\W it Caropanies1WAD1210 CteelA Vaad Uadiwtiod\COPr.lu.12211:12.dx
Page 2 of 2
1111CFAVED
Jo) tOO
6--rFt.F1ELU COUNTY
coNG, ,_, ,w: STATE OF COLORADO
Bill Owens, Governor
Douglas H. Benevento, Acting Executive Director
Dedicau-d to protecsing and improving she health and environment of the people of Colorado
Grand Junction Regional Office
222 S. 6`h St., Rm 232
Grand Junction CO 81501-2768
Fax (970) 248-7I98
hup://www.cdphe.state.co,us
December 19, 2002
Blue Creek Ranch Subdivision/Aspen Equestrian. Estates
Master Water Association
Blue Creek Ranch Subdivision
Attn.: Mr. Rob Cumming
3220 CR 100
Carbondale, CO 81623
Blue Creek Ranch Subdivision/Aspen Equestrian Estates
Master Water Association
Aspen Equestrian Estates
Mr. Jay Weinberg, Owner/Developer
3275 CR 100
Carbondale, CO 81623
Colorado Department
of Public Health
and Environment
Re: Capacity Development Plans and Specifications Approval, Blue Creek Ranch
Subdivision/Aspen Equestrian. Estates, Community Water System, Groundwater Treatment
Plant, Appaloosa Well, Arabian Well, Storage/Chlorine Contact Tank, PWSID# PENDING,
Garfield County
Dear Mr. Cumming: and Mr. Weinberg:
The Public Water System capacity development plans and specifications for the Blue Creek Ranch
Subdivision/Aspen Equestrian Estates, Community Water System, received on November 16, 1999,
January 26, 2000, March 6, 2000, and October 28, 2002 have been received and reviewed in
accordance with Article 2.1.5 of the Colorado Primary Drinking Water Regulations, and are hereby
approved, under the following special conditions:
1. A raw water microscopic particulate analysis (MPA) was done December 3, 2001 with
Low Risk results. Another MPA must be done on the Arabian Well during the spring
runoff 2003. The results must be sent to this office within two weeks after receipt to
determine if the well is under the direct influence of surface water. The Division may
rescind the water system approval if the additional MPA is not conducted.
• •
2. A detailed vulnerability assessment should be completed when the system receives a
public water system identification number (PWSID) to determine if the system qualifies
for reduced chemical monitoring.
3. A lead and copper study must be completed when the when the system receives a public
water system identification number.
4. An operations and maintenance manual, following the minimum, outline from the State of
Colorado New Water System Capacity Planning Manual, must be completed and made
available to the water system administration or owner, and certified water treatment
operator. The manual must be completed within three months after receiving a PWSID.
Enclosed is a table of contents to be followed when developing the operations and
maintenance manual.
The approval is for the following:
Groundwater Treatment Facility with Maximum Design Rate From Storage Tank = 310-gpm
Hypochlorination Disinfection System
Chlorine Contact/Storage Tank = 200,000 -gallons
Chlorine Contact Time = 200,000-gallons/310-gpm X AIT factor 0.1 = 64 -minutes
(2) Ground Water Wells = Appaloosa Well, and Arabian Well
All change orders and addendums must be submitted to this office in duplicate for approval. When
approved, one copy will be retained and one copy returned to you.
Once construction has begun on the project, a representative from the Department may conduct an
interim construction inspection. Prior notice will be given to such an inspection.
When construction is estimated to be within 60 days of completion, the project engineer must
contact this Department. A representative of the Department may schedule a site visit to
conduct a final construction inspection before the plant is placed on line.
Upon completion of construction, a written certification from your engineering firm stating
that the facility was built as approved by this office must be submitted to the Department.
Approval of this proposed 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.
In accordance with the Colorado Primary Drinking Water Regulations, the water quality monitoring
shall commence no later than at the time when the water system becomes Public, reaching 15 taps or
serving twenty-five people for sixty or more days per year. You must notify this office in writing
when the water system meets the definition of 15 taps or serves twenty-five individuals for sixty
days per year so a Public Water System Identification Number (PWSID) can be assigned.
Failure to notify the Division will result in a violation of the Colorado Primary Drinking Water
Regulations.
•
Under current regulation, when the water system becomes Public, it will be classified as a small
water system requiring a minimum of the small water system water treatment certification in direct
charge of the water treatment facility. The small water system certification combines the water
treatment certification and Class 1 Distribution certification into a single test and certificate.
Any point source discharges of water from your facility are potentially subject to a discharge permit
under the State Discharge Permit System. Any point source discharges to state waters without a
permit are subject to civil or criminal enforcement action. If this facility has any discharges without
permits, you are required to contact the Water Quality Control Division, Permits and Enforcement
Section, at (303) 692-3500, regarding permit requirements.
If you have any questions, please call Robert Cribbs at (970) 248-7199.
Robert Cribbs
Environmental Protection Specialist
Water Quality Control Division
Enc.: Operations and Maintenance Manual, Outline
Tom Schaffer, P.E.
West Slope Supervisor
Water Quality Control Division
CC: Mark Bean, Garfield County Planning Department
Thomas A, Zancanella, P.E., Zancanella and Associates, Inc., P.O. Box 1908, Glenwood
Springs, CO 81602
Dwain Watson, D.E., Technical Services Unit, WQCD
Erica Kannely, Compliance and Data Management, WQCD
R. Cribbs
1 E SibLJ R C E.
■..i•■
■■■U■ E N G I N E E R I N G INC.
Mr. Fred Jarman
Senior Planner TT
Garfield County Building and Planning Departmer iV ED
108 Eighth Street. Suite 201
Glenwood Springs CO 81601 JAN 1 7 ?003
RE: Blue Creek Ranch Final Plat GARFIELD COUNTY
BUILDING i, PLANNING
Dear Fred:
January 6, 2003
At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has
reviewed the final plat submittal for the Blue Creek Ranch Subdivision near Carbondale,
Colorado. We have reviewed the submittal for consistency with the preliminary plat
submittal and compliance with the conditions of approval of the preliminary plat in
Resolution No. 2002-92. The conditions of approval which involve technical issues
include No. 2, 10, 11, 12, 13, 14. 15, 16, 19.G, and 21, Our comments are presented
below.
2002-92 CONDITIONS OF APPROVAL
No. 2 - Okay
No. 10 - Okay
No. 11 - The agreement between St. Finnbar Ranch and Blue Creek Ranch regarding
lower ditch needs to be executed.
No. 12 - Three of the roads within the subdivision do not have a minimum 50 foot
right-of-way. These include Pinon Lane, Bristle Cone Drive east of the intersection with
Ponderosa Pass and Cottonwood Court.
No. 13 - Okay
No. 14 - Section 2.17.1 of the covenants included in Appendix 9 of the final plat
submittal identifies inspection, maintenance and pumping of the Individual sewer system
septic tanks on each lot as a common expense, but does not provide a plan to be
followed. We suggest that the applicant use appropriate portions of a typical [SOS
management plan and Include them in the covenants.
No. 15 - Okay
No. 16 - The site application approval expired November 21, 2002 Evidence must be
submitted indicating that the site application is still valid, or the cost for legal and
engineering to obtain a new site application must be included in the SIA.
No. 19.G.4 - The project datum is different than the FEMA 100 year base flood elevation
datum. The final plat should identify the project datum and at least one bench mark for
Consulting Engoneer•s and Hydrologists
909 Colorado Avenue ■ fIsnwnnd springs, rlO 81 HOl ■ [P71-1) X145 -H777 U Fax (f7f) g49 -11:R7
• •
Mr. Fred Jarman January 6, 2003
Page 2
the finished floor elevations, and should note the elevation adjustment to the FEMA
datum.
No. 21 - Okay
OTHER COMMENTS
A. The engineers opinion of probable construction cost which is identified as Exhibit B
of the SIA included in Appendix 7 should include a construction contingency and the
"soft" costs associated with the project which would be incurred by the County if the
developer were unable to perform his obligations. In previous projects, the County
has accepted a 10% contingency and a 15% allowance for soft costs such as
construction observation, testing and administration.
Please call if you have any questions or need additional information.
Sincerely,
RESOURCE ENGINEERING, INC.
Michael J. Brion, P.E.
Water Resource Engineer
MJE/mmm
885-10.0
E•\CIient\885tfj blue creek 885.doc
....,RES❑URGE
• •
N1EMORANDUM'.
To: Fred Jarman
From: Steve Anthony
Re: Comments on the Rine Creek Ranch Final Plat
Date: Decernber 19, 2002
Thanks for the opportunity to comment on the Final Plat. 1 have reviewed conditions #S-9 as they pertain
to vegetation issues, and the response of the applicant is acceptable.
The applicant shall post a revegetation security or bond with Garfield County in the amount of $10,000_
The security may be in the form of either:
A check/cash to be deposited with the County Treasurer (this is our preference).
A letter of credit from a local bank.
r A bond (this is usually a surety from an insurance company).
Garfield County shall hold the security until vegetation has been successfully reestablished according to the
criteria specified in Sections 4.07 and 4.08 of the Garfield County Weed Management Plan.
If the applicant chooses to deposit Funds with the County Treasurer for the security than we shall need to
contact Carolyn Dahlgren to draft a Deposit Agreement.
INAL PLAT O-
BLUE CREEK RANCH PLANNED UNIT DEVELOPMENT
▪ LOCATED IN A PORTION OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6th P.M.
+" TOWN OF CARBONDALE, COUNTY OF GARFIELD, STATE OF COLORADO
_ ▪ ... are+m nr SEM 1 Of 4
+rxra Q•
ca.a�ni.0 f
limn, •wrre-ar
►.,..0
n +Hn
a..vw.r
p.,gwpSOs,'+Yf
AA+r' �rrwr
gC
ewvrrr, Int'
MIT J
4t�11.1110
AWI
41.P
3
n PP
pa -agile
sns,a rrr >•+..
4
•
GRAPHIC SCALE
EXHIBIT
l� It
FdR COI' STRUCTIQN
Aindif
WPM! a#*n, ne.....
BLUE CREEK RANCH
PUD
L WRA arra, ly1A MR 1! I I
_1 5 } 1i
i
BES
`
l" 1M
-,
>
, ,, -
yy�i\
,'
I I I
1 ♦ r r
Ili
y'�1'"
li. !
M1
11
.
t
r i`
1
. f 1
..rte.
_
.nw
�' o� 'la
I �.� II
ig
Ea C
`����1 \0�,\ 1t
I
r
M! ..,`
�'�-
�g
It
rte/*ti
l •� �4 " I.
ip
lit
-'�
'.1/ a.
'.f
3
1
I
4
gg
I
al
S,
r
1,II
I
LI
X41
!
r
—{
j y 1
„"
e
`� + I E11
I
i "
II
I.
w
Inni
r I , ,
ill
111
1 1
:'rr
1,:'-J;"1
yi
fry'
-
g
f f
■
.
111111
\ ..'"`‘..., -,
ki,
..._ _
, '
\~
y,.
t-
1
� M1 L E w
\
1 �I
1
1
_ + ' � ti�, 1,111y-��
r.
p r� f y �t
-�
;" ""
r I
41
r7 *altima11!
1
-
`'li
i
3 + ip
9t i
I 1r! !! �`ym [�
f. ►� Attire-- ��1 -- _
;' .,:
1
1 GSI 1 4r1 11
it f c '1' i ` it 1
',,E,c1 ell "rpt. 11th
1 lI.,i 'iii' les <<lii1E
EE ; ►j'
F" 1111x 14 i 1I�'t� 111, 1�+xIi •ii! ! jilt! .1
•}Eirl{l0111;�ii$11•eiiIi ;
11.11111111�v t , 1� dl ! Ika 11
rel; ►��i��'6! !'Y •iti � !;f
II _;��!ii 2'1%I,;Ix411'
w F
alt!; i
1111;3111 I I 1
"III U11�
T$II
•
777
X r
�I
I �
1
4! i
7
h3
•
1
1 t
t
t
I!
p
Yl
�� � 7.� •'':.-z,----.
w F
/ 1 l <1 tl 1 --'
j 1 11101W ii _
li 1 iiia:iiia i i i
I sI
��t 1 I ; dn.a.:9 * Qti 1
• •
QUIT CLAIM DEED
THIS DEED, Made this day of 2002, between ST. FTNNBAR
HOMEOWNERS' ASSOCIATION, a Colorado nonprofit corporation ("Grantor"), and BLUE
CREEK LAND HOLDINGS, LLC, a Colorado limited liability company ("Grantee").
WITNESSETH, That the Grantor, for and in consideration of the sum of TEN
DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, has remised, released, granted, sold, conveyed and QUIT CLAIMED unto
Grantee, and by these presents does remise, release, grant, sell, convey, and QUIT CLAIM unto
the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand
which the Grantor has in and to the real and personal property, together with the improvements,
if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows:
The Lower Ditch easement and structure in its old, historic alignment located in the Blue
Creek Ranch PUD, according to the Final Plat thereof recorded at , in
Plat Book at Page in the office of the Garfield County Clerk and Recorder.
•
It is the intention of the parties hereto that Grantor, by this Quit Claim Deed, hereby
vacates, releases, and abandons the old, historic alignment and ditch structure that is no longer
utilized as a result of the relocation and realignment of the Lower Ditch by Grantee. The old
alignment is described on Exhibit A attached hereto and incorporated herein by this reference
and Grantor specifically releases, conveys and quitclaims to Grantee all of its right, title and
interest to the property described on Exhibit A attached hereto.
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and remain-
ders, rents, issues and profits thereof: and all the estate, right, title, interest, claim and demand
whatsoever of the Grantor. either in law or equity, of, in and to the above bargained property,
with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the Grantee, its successors and assigns forever.
above.
IN WITNESS WHEREOF, the Grantor has xecuted thi Deed on the date set forth
1
EXHIBIT
STATE OF )
) ss.
COUNTY OF (-6..7 Or )
by
•
3"day
e foregoing instrument was acknowledged before me this ofd 2001,
ci . t "'1 . TY\ i7 -ft c � .^ as -p res of f ,
My commission expires:
Witness my hand and official seal.
Notary,l blit '�
/443
"I
1Owl l r i�11x i prig 1
11rri.;1!T 111' r .71 !Alii ,�! 01'} 4• 1
t lxt. rr ' f it i 1r rz '
f r 11 1
1,r,rt � ri �1�� „Ii!! i�i1s ,�] �1i !!
11 I r714 a °r P11*r '1i 1i_1 r.
)11,i1 1!l t; tri= �_ €� ;�tip! }!ii ' - '!
y 3 hipleEir bili ;si!! ' - 1 11 !i i�
1 31.5 ni) - i i' 1 ill
f f�� !rile+� i!r
I . #I= ±:+ 11i1 :i j +�';II' =Mi: ;Ir i 11*1 i ii 3'
Y , � e� . ppti=! T r r! l�ri rr +a� '1 ! ru � r1 E
. F:il ffi�! .1161 >9':irfi 1411 !zir:3 ii :it n
1
x''
•
~. ' 1'I
F
l f1 iii
r
1
w
•
0
� r
j 1i 1 0 1=
V4
it 1t lit
1'
71'
/
1s
r
1�I
3
r•
E
—1 fit
E
i1
s
f ,
r
'.'t!j' ;i831 1;
11til9 1Ulf 1s1
' l
1P�1 i;E F 1111
1;1;1 ' si
1.4,4!) elk
41.1-11 t E3 1
;$Y 1} *kb --11 1
`gar! 1 1 /X .1
}..rr !gtila = = t
I1.61;1R 7:i 71•
! !. '7114....1! i iirYE! 11
=:IER11:1li -11:
li
a
L1\I I,
• 1 l '� 1 11111 1 1 1
a irf31111i 1 1 1 1
! 1 111111111 1 1 1 1
1 !i
�1I
01/03/2000 00:36 9717049006
•ilk
WINDRIVER CO PAGE 02
c_6PY
Page 1 of 19
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF CONSERVATION EASEMENT for a perpetual conservation easement in
gross is made this 31st day of October, 2002, by BLUE CREEK LAND HOLDINGS, LLC, a
Colorado limited liability company ("Grantor"), in favor of the ROARING FORK
CONSERVANCY, a Colorado nonprofit corporation, having an address of P.O. Box 3349, Basalt,
Colorado 81621 ("Grantee").
WITNESSETH:
WHEREAS, Grantor is the sok owner in fee simple of certain real 'property located in
Garfield County, Colorado (hereinafter the "Property"), which Property is more Oarticularly described
in Exhibit A attached hereto and incorporated herein by reference; and
WHEREAS, the Property possesses natural, ecological, riparian, wet12nds habitat, wildlife
habitat, scenic and other open space values, as defined in C.R.S. § 38-30.5-101 et seq., of great
importance to Grantor, the people of Garfield County, and the people of the State of Colorado
(collectively hereinafter referred to as "Conservation Values");
WHEREAS, located upon the Property in the vicinity of Carbondale, Colorado, on the
Roaring Fork River, the preservation and protection of which is considered aiprime Conservation
Value of and by the parties; and
WHEREAS, the Roaring Fork River is an important component of the local ecosystem and as
such provides important habitat for a wide variety ofbirds, fish, and mammals wind plants located on
the Property, the preservation and protection of which are also considered (prime Conservation
Values of and by the parties; and
WHEREAS, there is a reasonable possibility that Grantee may acuire other valuable
property rights in other nearby properties thus facilitating the preservation and protection ofthe same
or similar Conservation Values preserved by this Easement; and
WHEREAS, the biological integrity of the Property and other land in Jthe vicinity has been
modified by intense urbanization in the area, and the trend is expected to continue; and
WHEREAS, Grantor and Grantee desire to preserve and conserve the Conservation Values of
the Property for the public benefit; and
WHEREAS, the specific Conservation Values of the Property are dorurented, or shall be
documented as soon as reasonably possible following execution hereof, in anlinventory of relevant
features of the Property which shall be kept on file at the offices of Grantee (iereinafter 'Baseline
Documentation"), which Baseline Documentation consists or shall consi$t of reports, maps,
photographs, and other documentation that the parties have mutually agreed provide, collectively, an
accurate representation ofthe Property at the time of this grant and which is i tended to serve as an
01/03/2000 00:36 9707049006
•
WINDRIVER CD PAGE 03
Page 2 of 19
objective information baseline for monitoring subsequent compliance with theterms of this grant;
and
WHEREAS, accordingly, Grantor desires to convey to Grantee the right to preserve and
protect the Property and the Conservation Values associated thereto in perpetuity, and to bind itself,
as well as any and all future successors or assigns of Grantor, by the obligations set forth herein; and
WHEREAS, Grantee is a publicly supported, tax-exempt nonprofit organization., qualified
under Section 50i (c)(3) and 170(h) of the internal Revenue Code, whose prit iary purpose is the
preservation, protection, and enhancement of the natural riparian corridors of the Roaring Fork,
Frying Pan and Crystal Rivers and the unique scenic, natural and historic featiires thereof; and
WHEREAS, Grantee agrees by accepting this grant to honor the intentions of Grantor stated
herein and to preserve and protect in perpetuity the Conservation Values of the Property for the
benefit of this generation and the generations to come; and
WHEREAS, the State of Colorado has recognized the importance of private efforts to
preserve natural ecosystems of the State by enactment of C.R.S. § 38-30.5-1011, et seq.
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions, and restrictions contained herein, and other good and valuable consideration, the receipt
arid sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Grant of Easement. Pursuant to the laws of Colorado and in particular, C.R.S. § 38-
30.5-101,
8-
30.5-101, et seq., Grantor hereby voluntarily grants, assigns, sells and conveys to the Grantee and its
successors and assigns in perpetuity a conservation easement in gross (the "Easement"), ofthe nature
and to the extent hereinafter set forth, on, over, across and in respect to the property specifically
described on Exhibit A attached hereto, which property is illustrated and described on that map
attached hereto as Exhibit 13 and incorporated herein by reference (the "Easement Property"). This
Grant of Conservation Easement shall be subject to prior reservations, easements, encumbrances, and
exceptions of record related to the Property, except as otherwise set forth herein._
2_ Purpose. The purpose of this grant is to assure that the Conservation Values of the
Easement Property, subject to those existing and allowed uses ofthe Easement Property described
herein, are retained forever and to prevent any use of the Easement Property that will significantly
impair or interfere with such Conservation Values. Grantor intends that the Easement will confine
the use of the Easement Property to activities that are consistent with the purposes set forth herein,
and pursuant to the terrns of CRS. § 38-30.5-101, et seq., that the Easement Property preserved
hereby as natural land may not be converted or directed to any uses other than those provided herein.
3. Rights of Grantee. To accomplish the purposes set forth herein for the Easement, the
following rights are hereby conveyed to Grantee by Grantor, with such rights to be exercised subject
to Grantee's reasonable judgment.
01/03/2000 00:36 9/07049006 LJINDRIVER CO PAGE 04
Page3of 19
(a) To identify, preserve and protect in perpetuity the Conservation
Values of the Easement Property, to restore the significant ecological
features and values of the Easement Property in the event of their
degradation or destruction, and to construct and/or introduce other
beneficial natural components upon the Easement Property;
(b) To enter upon the Property at reasonable times in order to monitor
Grantor's and the public's compliance with this Easement and to
enforce the terms of this grant of Easement, and for educational,
monitoring, and scientific purposes related to the Easement Property,
including without limitation monitoring, construction, restoration
and/or rehabilitation of riparian and fishing habitat, plants and
vegetation, and any other attribute of the Easement Property, in the
sole discretion of Grantee;
(c) To enhance the Conservation Values along the Roaring Fork River
and any other area within the Easement Property by conducting
grading, planting, irrigation, water channel restoration, spawning
habitat construction and improvement, and any other activities as may
be necessary to restore and enhance the Conservation Values within
the Easement Property, at the discretion of the Grantee;
(d) To enforce against and prevent any activity on or use of the Easement
Property that is inconsistent with the purpose of this grant of
Easement, including use of the Easement Property by the public
which is not specifically allowed or recognized herein, and to require
the restoration of such areas or features of the Easement Property that
may be damaged by any inconsistent activity or use; and
(e) To place signs or other informational postings on the Easement
Property that identify the Easement Property as being protected by
this Conservation Easement (the cost of which signage shall be
equally apportioned between Grantor and Grantee);
(f) To require restoration of the areas or features of the Easement
Property which are damaged by activity inconsistent with this
Conservation Easement or require compensation for such damages;
(g) To immediately enter upon the Easement Property to prevent damage
to or the destruction or degradation of the Conservation Values
identified in this Easement;
(h) To perform such activities on the Easement Property as the Grantee
deems reasonably necessary in order to carry out any and all rights
granted by this Easement;
(i) To review and provide input on management plans governing grazing
and haying practices on the Easement Property to ensure that such
practices are consistent with the purpose of this Easement; and
(j) To require Grantor to continue irrigation of traditionally irrigated
pasture lands located on the Easement Property, subject to
management plan recommendations.
01/03/2000 00:36 9717049006
WINI)RIVER CO PAGE tis
•
Page4of 19
4. Prohibited Uses. Any activity on or use of the Easement Property inconsistent with the
purpose of this grant of Easement is prohibited. Without limiting the generality of the foregoing, the
following activities and uses on the Easement Property are expressly prohibited, unless specifically
allowed elsewhere in this Agreement:
(a)
(b)
(c)
(d)
(i)
(1)
(m)
(n)
Subdivision or development of any nature;
Any residential, commercial or industrial development or use;
Any recreational activities;
Any vehicular (car, truck, motorcycle, snowmobile, etc.) use, except as may be
necessary in emergency situations or to preserve, enhance or protect the
Easement, at the discretion of Grantee, or as otherwise allowed herein;
Parking, storage, or dumping of any kind;
Coverage of land by asphalt, concrete, or other material that does not
constitute a natural cover for the land;
Location of any buildings, structures, roads, trails or other
improvements;
Alteration of the land surface through grading, soil dumping,
trenching, vegetation removal or trimming, or any other method
except as may be otherwise approved by Grantee, or necessary for
activities related to the purpose of this grant of Easement such as
irrigation improvements, utility repair subject to remediation, habitat
restoration/preservation, etc.;
Exploration or mining for any mineral, coal or other hydrocarbons, or
other materials or substances, or excavation or quarrying for gravel,
soil, rock, sand or similar materials by Grantor;
Placement of any advertising signs or billboards;
Cutting or removal of trees, shrubs, or any other vegetation, except as
necessary for fire protection, elimination of diseased growth,
approved trail maintenance, and similar protective measurers related to
habitat preservation and habitat enhancement at the discretion of
Grantee;
Introduction of nonnative plants and animal species within riparian
areas that may compete with and result in the decline or elimination
of natural species, unless otherwise approved by Grantee. Any new
plantings or animal introductions shall be confined to Colorado native
plants andlor animals characteristic of the riparian region;
Any use that would cause, increase, or substantially add to the risk of
soil erosion;
Use of any chemical agents such as weed control agents or other
herbicides or pesticides not approved by state law or otherwise
approved by Grantee;
01/03/2000 00:36 9707049006 WTNDRIVEF CO PAGE 06
(q)
• •
Public use of and access upon the Easement Property, except as
allowed by the. Grantee in furtherance of the purposes cif this
Easement;
Dumping or other disposal of toxic arid/or hazardous materials or of
other forms of refuse or trash. This prohibition does not impose any
liability on Grantee, nor shall Grantee be construed as having liability
as a "responsible party" under CERCLA or sirnilar federal or state
statutes; and
No livestock shall be brought upon the Property, except as set forth in
Section 5(g) below, and parties shall cooperate to remove any
livestock whicb enters onto the Easement, outside of permitted
livestock grazing areas;
Any and all other prohibited uses of the Property as set forth herein.
Page 5 of 19
5. Reserved Rights. Grantor reserves unto itself all rights accruing from the ownership of
the Easement Property, including the right to engage in or permit or invite others to engage in all uses
of the Easement Property that are not expressly prohibited herein and are not inconsistent with the
purpose of this grant of Easement. In connection with the Easement granted herein, the following
rights are expressly reserved unto Grantor:
(a) The right to restore damage to the Easement Property that may be caused by
fire, flood, storm, earth movements, or acts beyond the Grantor's control;
(b) The right to develop and maintain private and public trails located upon the
Easement Property as set forth herein, with the location of all public trails to
be reviewed and approved by Grantee;
(c) The right to mutually, with Grantee, enforce against and prevent any
prohibited action set forth herein on the Easement Property by any entity and
to erect appropriate signage and fencing, upon review and approval of
Grantee, indicating the presence of the Easement and the boundaries thereof;
(d) The right to utilize all water rights appurtenant to the Easement Property,
including but not limited to riparian, groundwater, appropriated, and
augmented water rights; provided, however, that Grantor and its successors
and assigns shall, at all tinges during the term of the Easement, continue
historic patterns of irrigation on the Pasture and other portions of the
Easement Property as allowed by the water rights used upon or appurtenant
thereto;
(e) Rights of access on, over and across the Easement Property in a manner
consistent with the maintenance and preservation of the Easement and the
Conservation Values set forth therein; and
(t) The right to hay that pasture located upon the Easement Property (the "Pasture"), as
the same is shown on Exhibit II, and to conduct all such activities related to and
associated with haying operations on such pasture, including irrigation, ditch
maintenance and repair as set forth herein, operation of vehicles and machinery used
01/03/20 00 00.36 9707049006
4111
(g)
(h)
(i)
WINDRIVER CO
•
PAGE 07
Page 6 of 19
to cut and bale hay within the pasture, and maintenance of unimproved access routes
for such machinery and vehicles (as such access routes are also shown on Exhibit l3);
The right to keep and graze livestock on the Pasture within the Easement Property
(which area shall include a narrow channel of property that has historically provided
access to the Roaring Fork River for watering purposes) as shown on Exhibit B, to
erect temporary and/or permanent fencing around such pasture land in compliance
with Colorado Division of Wildlife recommendations (Grantor shall be obligated to
erect at least temporary fencing around the entire Pasture at any time that livestock is
present therein), to operate vehicles on such pasture land and along those access
routes shown on Exhibit B in order to care for and transport animals, and to conduct
all other activities normally associated with livestock grazing on such pasture land;
The right to access, maintain and repair those existing ditches located upon the
Easement Property within an area ten feet (10') on one side of the centerline of any
such ditch and twenty feet (20t)on the other side of the centerline of any such ditch
(or future ditch approved by the Grantee); provided such maintenance practices are
subject to review and approval by the Grantee; and provided further that Grantor shall
be responsible for remediating any damage to the Easement Property as a result of
such access, maintenance and repair rights to the condition existing prior to the time
of damage (including without limitation any and all habitat disturbance). Where
possible, the Baseline Documentation shall be used to ascertain the condition of the
Easement Property prior to any such damage incurred thereon; and
The rights described in Sections 5.1 to 5.3 described below.
5.1 Property Development. The parties hereto acknowledge that Grantor retains the right to
seek rezoning and/or subdivision approval from Garfield County, Colorado for residential
development of property owned by Grantor adjacent to the Easement Property. To the extent
Grantor develops such property or seeks approval by Garfield County for development of
such Property, it is understood and acknowledged by the parties that the Easement Property
itself shall not in any way be developed or altered except as specifically contemplated herein,
and that all terms and conditions of this Easement shall otherwise remain in full force and
effect.
5.2 Subdivision/Development Documents, In the event Grantor seeks and receives any
future rezoning, subdivision or other development approval related to that property owned by
Grantor located adjacent to the Easement Property and/or develops such property, Grantor
agrees to incorporate within any and all controlling subdivision, PUD, or other development
documents related to such property (including without limitation plat notes, protective
covenants, and homeowners rules and regulations) provisions which inforrn and bind all
property owners and users within such development of and by this Easement, restrict all such
owners' and users' access upon the Easement Property in accordance with the terms of this
Easement, and establish a mechanism by which any future homeowner's association and/or
other governing body of the residential project may lien any owner or user for violating the
terms of this Easement or otherwise appropriately enforce the terms hereof. Such covenants,
rules and regulations, or other controlling documents shall also mandate that no provision
01/@3/2006 00:36 9707049006
WINDRIVER CO PAGE 08
•
Page7of 19
contained therein addressing this Easement may be amended in any manner inconsistent
herewith, without the prior written approval of Grantee. Also, any and all deeds executed by
Grantor in connection with the sale of any property within said development shall specifically
make such conveyances subject to this Easement and bind any owner by all terms and
conditions set forth herein.
53 Private Trails. In the event Grantor seeks and receives any future rezoning, subdivision
or other development approval related to that property owned by Grantor located adjacent to
the Easement Property andlor develops such property, Grantor reserves the right to construct
certain private pedestrian and equestrian trails upon portions ofthe Easement Property. Such
trails shall be for the exclusive use of Grantor, Grantor's employees and agents, homeowners
within such residential development, and their guests. Any such trails constricted by
Grantor shall be no more than four (4) feet wide and shall be surfaced with gravel, crusher
fines, or other natural materials. No dogs shall be permitted on such private trails within the
Easement Property unless they are leashed and dogs are prohibited from running loose on
such trails or any other portion of the Easement Property. Grantor shall be responsible for
placing dog waste signs and disposal bags along such trails and request all dog owners using
such trails to pick up and deposit dog waste in trash receptacles. All private trails constructed
by the Grantor as contemplated in this Paragraph shall be shown on Exhibit B hereto and
Exhibit B shall be amended from time to time as may be necessary to reflect the location and
parameters of any such trails.
6. Notice of Intent to Undertake Certain Permitted Actio s. Grantor, its successors and
assigns, shall provide reasonable notice to Grantee prior to undertaking any substantial permitted
activities within the Easement Property in order to give Grantee an opportunity to ensure that the
activities in question are designed and carried out in a manner consistent with the purpose of this
Easement. Such notice shall in no event occur less than twenty (20) days prior to the commencement
of such action. The notice shall describe the nature, scope, design, location, timetable, and any other
material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed
judgment as to its consistence with the purpose of this Easement. This notice provision shall not
apply in cases of emergency.
7. Grantee's Approval. Where notice is provided to Grantee by Grantor or other third
party as required in Section 6 above or otherwise pursuant to this Easement, Grantee shall grant,
deny, or withhold its approval subject to objections andlor conditions within twenty (20) days from
receipt of such notice. In the event such grant, denial, or conditional approval is not made by
Grantee within such time period, Grantee shall be deemed to have approved the action giving rise to
the notice.
8. Grantee's Remedies. If Grantee determines that Grantor or any other party is in
violation of the terms of this Easement or that a violation is threatened, Grantee shall give written
notice to Grantor or such other party of such violation and demand corrective action sufficient to cure
the violation and, where the violation involves injury to the Easement Property resulting from any
use or activity inconsistent with the purpose of this Easement, to restore the portion ofthe Easement
01/03,!2000 ee:36 9707049006
•
WINDRIVER CO HAUL N3
Page 8of 19
Property so injured. If Grantor or other party fails to cure the violation within thirty (30) days after
receipt of notice thereof from Grantee, or under circtunstances where the violation cannot reasonably
be cured within a thirty. (30) -day period, fails to begin curing such violationwithin the thirty (30) -day
period, or fails to continue diligently to cure such violation until finally cured, Grantee niay bring an
action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement,
to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any
damages to which it may be entitled for violation of the terms of this Easement or injury to any
Conservation Values protected by this Easement, including damages for the loss of ecological,.
riparian, wildlife or environmental values, and to require the restoration of the Easement Property to
the condition that existed prior to any such injury,
Without limiting Grantor's or any other party's liability therefor, Grantee, in its sole
discretion, may apply any damages recovered to the cost of undertaking any corrective action on the
Easement Property. If Grantee, in its sole discretion, determines that circumstances require
immediate action to prevent or rnitigate significant damage to the Conservation Values of the
Easement Property, Grantee may pursue its remedies under this Paragraph 8 without prior notice to
Grantor or other party or without waiting for the period provided for cure to expire. Grantee's rights
under this paragraph apply equally in the event of either actual or threatened violations of the terms
of this Easement, and Grantor agrees that Grantee's remedies at law for any violation of the terms of
this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in
this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may
be entitled, including specific performance of the teens of this. Easement, without the necessity of
proving either actual damages or the inadequacy of otherwise available legal remedies. Grantees
remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now
or hereafter existing at law or in equity.
8.1 Costs of Enforcement_ Any costs incurred by Grantee in enforcing the terms of
this Easement against Grantor or any other party, including without limitation costs
of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's or
other third party's violation of the terms of this Easement, shall be borne by Grantor.
If Grantor prevails in any action to enforce the terms of this Easement, Grantor's
costs of suit, including without limitation attorneys' fees, shall be borne by Grantee.
8.2 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the
discretion of Grantee, and except as provided herein or in the case of actual notice,
any forbearance by Grantee to exercise its rights under this Easement in the event of
any breach of any term of this Easement by Grantor or other party shall not be
deemed or construed to be a waiver by Grantee of such term or of any of Grantee's
rights under this Easement. No delay or omission by Grantee in the exercise of any
right or remedy upon any breach by Grantor or other party shall impair such right or
remedy or be construed as a waiver
8.3 Acts Beyond Grantor's icontrol. Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or
01/03/2000 00:36 9707049006
41111
WINDRIVER CO PAGE 10
•
Page 9 of 19
change in the Property resulting from causes beyond Grantor's control, including
without limitation acts of third parties not agents or representatives of Grantor, fire,
flood, storm, earth movement, changes in surface or subsurface water flow, or from
any prudent action taken by Grantor under emergency conditions to prevent, abate, or
mitigate significant injury to the Easement Property resulting from such causes.
8.4 Grantor's Absence. lfGranteee deternnines that this Conservation Easement is, or
is expected to be, violated, Grantee will make good -faith efforts to notify the Grantor.
If, through reasonable efforts, Grantor cannot be notified, and if Grantee determines
that circumstances justify prompt action to mitigate or prevent impairment of the
Conservation Values, then Grantee may pursue its lawful remedies without prior
notice to and without awaiting Grantor's opportunity to cure. Grantor agrees to
reimburse all costs associated with such actions.
8.5 Actual or Threatened Non -Compliance. Grantor acknowledges that actual or
threatened events of non-compliance under this Conservation Easement constitute
immediate and irreparable harm and that Grantee is entitled to invoke the equitable
jurisdiction of the court to enforce this Conservation Easement in such cases.
9. Access. Except as otherwise set forth in Section 9.1 below, no right of access by the
general public to any portion of the Easement Property is conveyed by this Easement.
9.1 Public Fisherman's Easement. Public pedestrian access along that portion of the Roaring
Fork River located upon the Easement Property shall be allowed within thirty feet (30') of the
high water mark of the Roaring Fork River along an existing footpath. Such public easement
and trail (collectively the "Public Fishemtan's Easement') is shown in more detail on Exhibit
B. Except as provided below, no new trail for public fisherman access shall be constructed
within the Public Fisherman's Easement and shall at all times remain as a primitive footpath.
Access by members of the general public to and from this Public Fisherman's Easement
shall be via the adjacent County Road and/or any parking area designated for public parking
located adjacent to the Easement Property and in, no event shall any access to and from such
easement occur over and across any other portion of the Easement Property. For purposes of
this Paragraph, "general public" shall not include Grantee or its agents, nor Grantor or any
future owners of lots located within Grantor's contemplated residential development located
adjacent to the Easement Property.
The parties hereto acknowledge and agree that at a certain point upon the Easement
Property, it is anticipated that a private trail system contemplated to be constructed by
Grantor shall intersect and coincide with the Public Fishernnan's Easement. The
contemplated alignment of Grantor's private trail system and its connection with the Public
Fisherman's Easement is shown in more detail on Exhibit B. Grantee acknowledges that
Grantor shall have the right to develop and maintain an improved trail within that portion of
the Public Fisherman's Easement that overlaps and coincides with Grantor's private trail
system; provided, however, that in no event shall such trail be more than three feet (3') in
01/03/2000 00: 36 9707043006
WINDRIVER co PAGE 11
• •
Page 10 of 19
width and that any such trail shall be surfaced with gravel, crusher fines, or other natural
materials.
10 Costs and Liabilities. Except as expressly provided herein, Grantor, its successors
and assigns, shall retain all responsibility and shall bear all costs and liabilities of any kind
incident to ownership of the Easement Property, including without limitation costs related to
liability insurance. Grantee shall be named as an additional insured on any liability policy
purchased by Grantor for purposes herein. Grantor and Grantee shall keep the Easement Property
free from any mechanics liens related to work performed on behalf of them. The parties
acknowledge that Grantor shall be solely responsible for the maintenance, ,repair and replacement
of all trails and related easements existing upon the Easement Property as set forth herein and
shall maintain liability insurance coverage related to such trails and easements. To the extent
Grantor dedicates, conveys or otherwise transfers such trail easements to a third party, Grantor
shall be responsible for ensuring that such third party assumes all such maintenance, repair,
replacement and insurance obligations related thereto.
10.1 Taxes. Grantor, its successors and assigns, shall pay all taxes, assessments,
fees, and charges of whatever description levied on or assessed against the Easement
Property by competent authority (collectively "Taxes"), including any Taxes imposed
upon, or incurred as a result of, this Easement, and shall furnish Grantee with
satisfactory evidence of payment upon request.
10.2 Noxious Weeds. Grantor, its successors and assigns, shall comply with the
Colorado Noxious Weed Act (hereinafter "Act"), C.R.S. 35-5.5-101, as the same now
exists or may be amended from time to time, in connection with the Property. Should
Grantor, pursuant to the Act, be required to eradicate any "undesirable plants" (as that
term is described in the Act), Grantor shall work with Grantee to mutually create a
control method of integrated management for such eradication which results in the
least possible impact (environmental, biological, or otherwise) to the non -noxious
biology and Conservation Values of the Property, whether such management requires
cultural control, mechanical control, chemical control, or any combination thereof.
Any and all costs incurred as a result of any required eradication process initiated
pursuant to the Act shall be the sole obligation of Grantor. Any additional weed
control measures undertaken by Grantee that are not required by the Act are the sole
responsibility of the Grantee, and all costs associated with such are to be born by the
Grantee.
10.3 Stewardship Fee. Grantor, its successors and assigns, including any future
homeowner's and/or other owners association, shall pay to Grantee an annual fee of
$2,500.00 (the "Stewardship Fee"), to be paid in full by January 31 of every year, for
undertaking those tasks related to overseeing and protecting the Conservation Values
set forth herein, including ensuring that the terms and conditions of this Grant of
Easement are being met and complied with, construction and other monitoring tasks,
01/03/2000 00:35 9707049006 WINDRIVER CO PAGE 12
Page 11 of 19
conducting educational programs on the Easement Property as part of its valley -wide
riparian educational curriculum, development of a master plan for the Easement
Property, development of brochures and information for adjacent property owners,
and the funding of a maintenance reserve for the hard costs related to the Easement
Property. To the extent that the Property is subsequently conveyed to any
homeowners and/or other owners association, such fee shall be paid by all such
member owners through a line item assessment assessed to and collected from each
and every owner as a component of monthly association dues and Grantor shall
include such payment obligations in any protective covenants and/or other pertinent
mules and regulations of any approved subdivision, PiJD or other development.
a. Stewardship Fee Adjustment. In the sole discretion of Grantee, the charges
assessed by Grantee as part of its Stewardship Fee may be adjusted annually
pursuant to annual Consumer Price Index increases based upon the most
recent Denver/Boulder M1 Items Index, published by the U.S. Department of
Labor, Bureau of Labor Statistics. Furthermore, upon mutual agreement of
the parties, their successors and assigns, such charges may be otherwise
increased to comport with historical costs incurred, costs expected to be
incurred, or actual costs incurred by Grantee in fulfillment of its duties
hereunder.
10.4 Baseline Inventory. Grantor shall pay to Grantee upon presentation of
itemized costs, Grantee's actual costs of conducting the Baseline Inventory, which
costs shall not exceed $2,022.00. Information to be developed by Grantee as part of
the Baseline Survey shall include mapping, aerial and other photography of the
Easement Property, land use descriptions (historic, current, surrounding), property
description (mineral and water rights, geology and soils description, biological
survey, wildlife use and habitat description, scenic features, and GPS/GIS mapping),
summary of easement restrictions, owners name and address, physical address of the
property and contact person. Grantor shall provide to Grantee for inclusion in the
Baseline Inventory property information in Grantor's possession or to be obtained m
the normal course of business, including an improvement land survey, wetland
delineation, property boundary delineation, hazardous material assessment and title
commitment.
10.5 Billing; Payment; Reports. Grantee shall provide Grantor, its successors and
assigns, with monthly Endowment Funding and Stewardship Fee invoices. Grantor
shall pay Grantee all charges set forth within the monthly invoice within thirty (30)
days of Grantor's receipt of the same. In the event Grantor, its successors or assigns,
fails to pay to Grantee any payments set forth herein within the time period set forth,
default interest shall begin to accrue against. Grantor and in favor of Grantee at the
rate of fifteen percent (15 %) per month. Grantor, its successors or assigns, shall
have the right to inspect the financial records of the Grantee at any time to erasure that
the Endowment Fee and Stewardship Fee collected from Grantor are being applied
01/03/2000 00:36 970704900G
•
WINDRIVER co PAGE 13
Page 12 of t 9
directly to this Easement. In the event Grantor seeks and receives any future
subdivision or other development approval related to the Property, Grantee shall also
include any and all property owners within the development on its mailing list and
send such property owners copies of Grantee's newsletters, as well as other
informational material, on a regular basis; provided, however, that it shall be the
responsibility of Grantor or its assigns to provide Grantee with adequate and up-to-
date lists of such homeowners and related mailing addresses as requested on at least a
quarterly basis.
11. Hold Harmless. Grantor agrees to carry or to require its agents, consultants and
contractors who conduct any activity on the Easement Property to carry not less than $1,000,000,00
comprehensive general liability insurance with contractual liability endorsement that insures
Grantor's Indemnity Obligations (as herein defined), and, upon request of Grantee, will provide
Grantee with written evidence of same. Grantor hereby indenmifies and agrees to defend and hold
harmless Grantee from and against any and all obligations, losses, injuries, damages, claims, liens,
costs, expenses, demands, liabilities, penalties, investigation costs, including attorneys' fees and
costs, incurred in connection with or arising directly or indirectly out of or in any way connected with
(i) the activities of Grantor authorized under this Easement, (ii) any act or omission by Grantor, its
employees, agents, consultants or other contractors in connection with this Easement, or (iii)
Grantor's breach of any of the teens of this Easement ("Grantor's Indemnity Obligations").
Grantee agrees to carry or to require its agents, consultants and contractors who conduct any
activity on the Property to carry not less than $1,000,000.00 comprehensive general liability
insurance with contractual liability endorsement that insures Grantee's Indemnity Obligations (as
herein defined), and, upon request of Grantor, will provide Grantor with written evidence of same.
Grantee hereby indemnifies and agrees to defend and hold harmless Grantor from and against any
and all obligations, losses, injuries, damages, claims, liens, costs, expenses, demands, liabilities,
penalties, investigation costs, including attorneys' fees and costs, incurred in connection with or
arising directly or indirectly out of or in any way connected with (1) the activities of Grantee
authorized under this Easement, (ii) any act or omission by Grantee, its employees, agents,
consultants or other contractors in connection with this Easement, or (iii) Grantee's breach of any of
the terms of this Easement ("Grantee's Indemnity Obligations").
12, Extinguishm.ertt. If changed circumstances arise in the future such as render the
purpose of this Easement impossible to accomplish, this Easement may be termiriated or
extinguished, whether in whole or in part, by mutual agreement by the parties in writing or by
judicial proceedings in a court of competent jurisdiction; provided, however, that such
extinguishment shall be subject to the provisions set forth in Paragraph 15, below. The amount of
the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale,
exchange, or involuntary conversion of all or any portion of the Easement Property subsequent to
such termination or extinguishment, if any, shall be determined, unless otherwise provided by
Colorado law at the time, in accordance with paragraph 12.1. Grantee shall use all such proceeds in a
manner consistent with the conservation purposes of this grant.
01Ia3,i 2000 00:36 9707049006
WINDRIVER CO PAGE 14
Page 13 of 19
12.1 Subsequent Sale, Exchange or Involuntary Conversion. This Easement
constitutes a real property interest immediately vested in Grantee, which, for the
purposes of section 12, the parties stipulate to have a fair market value determined by
multiplying the fair market value of the Property unencumbered by the Easement.
(minus any increase in value after the date of this grant attributable to improvements)
by the ratio of the value of the Easement at the time of this grant to the value of the
Property, without deduction for the value of the Easement, at the time ofthis grant.
The values at the time of this grant shall be those values used to calculate the
deduction for federal income tax purposes allowable by reason ofthis grant, pursuant
to Section 170(h) of the Internal Revenue Code of 1954, as amended. For the
purposes of this paragraph, the ratio of the value of the Easement to the value of the
Property unencumbered by the Easement shall remain constant.
12.2 Condemnation. If the Easement is taken, in whole or in part, by exercise ofthe
power of eminent domain, Grantee skull be entitled to compensation in. accordance
with applicable law.
13. Change of Conditions. The fact that any use of the Easement Property that is
expressly prohibited by this Easement, or any other use determined to be inconsistent with the
purpose of this Easement, may become more economically valuable than permitted uses, or that
neighboring properties may in the future be put entirely or partly to uses that are not permitted
hereunder, has been considered by Grantor in granting this Easement. It is Grantor's belief that any
such changes will increase the benefit to the public of the continuation of this Easement, and it is the
intent of both Grantor and Grantee that any such changes should not be deemed to be circumstances
justifying the termination or extinguishment of this Easement pursuant to Paragraph 12, above. In
addition, the utprofitability to Grantor of allowing Grantee to carry on the permitted uses identified
herein shall not impair the invalidity of this Easement or be considered grounds for its
extinguishment pursuant to Paragraph 12, above. The parties acknowledge that should Grantee at
any time in the future become unable to sufficiently provide monitoring and educational tasks as
contemplated herein, due to financial reasons or otherwise, that such a changed condition shall be
deemed to be a circumstance justifying the extinguishment or assignment by Grantee of this
Easement.
14. Assignment by Grantee. This Easement is transferable by Grantee upon not less than
forty-five (45) days prior written notice to Grantor; provided, however, Grantee may only assign its
rights and obligations under this Easement: (a) to an organization that is a qualified organization at
the time of transfer under Section 170(h) ofthe Internal Revenue Code of 1954, as a,rnended (or any
successor provision then applicable), and the applicable regulations promulgated thereunder, and
authorized to acquire and hold conservation easements under Colorado law; and (b) upon written
consent of Grantor as to the assignment and assignee, which authorization and approval shall not be
unreasonably withheld. Should Grantor reject assignment of the Easement by Grantee to a particular
assignee, such rejection must be based upon a reasoned determination that the proposed assignee
lacks either the resources or commitment to discharge the obligations set forth herein. As a condition
of such transfer, Grantee shall require that the conservation purposes andConservation Values of this
011/03/2000 Qf : 36 9707049085
4111
WINpRIVER CO PAGE 15
•
Page 14 of 19
grant continue to exist and be carried out in perpetuity; provided, however, that Grantor and any
assignee of Grantee may, upon mutual agreement, amend anchor modify the specific obligations of
Grantee set forth herein regarding educational tasks and Grantor's payment obligations related
thereto, subject to the amendment provisions set forth in Paragraph 16 hereof.
15. Assignment or Subsequent Transfer by_Grantor. In the event Grantor by any deed,
assigtaanent or other legal instrument divests itself of or conveys any interest in all or a portion of the
Property, including, without limitation, a leasehold interest, to any other party, Grantor agrees to
incorporate the terms of this Easement within such conveyance document and bind any assignee or
subsequent owner by the terms and conditions of this Easement. Grantor further agrees to provide
reasonable written notice to Grantee of the transfer of any of Grantor's interest hi the Property prior
to the date of such transfer. The failure of Grantor to perform any actrequired by this paragraph shall
not impair the validity of this Easement or limit its enforceability in any way. Subsequent successors
or assigns of Grantor, including but not limited to a homeowner's association, shall be required to
provide written acknowledgment to Grantee of its intent to be bound and abide by all terms and
provisions of this Easement and perform all duties and obligations of Grantor as identified herein,
subject to the provisions of Section 16 below.
16. Amendment. If circumstances arise under which an arr endntent to or modification of
this Easement would be appropriate, the parties, including any assigns or successors in interest, may
jointly amend the Easement in writing pursuant to C.R.S. §38-30.5-107; provided, however, that
such amendment shall: a) not affect the qualification of the Easement under the IRS Code or C.R.S. §
38-30.5-101 et seq.; b) be consistent with the purposes of the Easement in the sole discretion of
Grantee; c) not affect its perpetual duration; d) not permit additional development or improvements
to be undertaken on the Easement Property other than development or improvement permitted or
contemplated under the Easement; and e) not impair any of the Conservation Values of the
Easement, tri the sole discretion of Grantee. Any amendment to the Agreement executed pursuant to
this section shall be recorded in the official records of Garfield County, Colorado_
Tothe extent any amendment to the Easement is ever requested by Grantor, its successors or
assigns, such request shall be subject to the terms and provisions of the Roaring Fork Conservancy
Policy for Amendment of Conservation Easements dated October 2002, as the sante may hereafter be
amended per agreement of the parties (the "Amendment Policy"), which Amendment Policy is
attached hereto as Exhibit "C" and incorporated herein by reference. The Amendment Policy sets
forth the guidelines for conservation easement amendment by Grantee and the conditions and
situations which must exist before an amendment request shall be honored by the Grantee. Any and
all costs incurred by Grantee in reviewing, processing and/or finalizing an amendment to this
Agreement shall be borne wholly by Grantor.
17. Interpretation. The provisions of this Easement shall be liberally construed to
effectuate their purpose of preserving and protecting the Easement Property's Conservation Values,
No remedy or election given by any provision herein shall be deemed exclusive unless so indicated,
but it shall, wherever possible, be cumulative with all other remedies at law or in equity_ The parties
acknowledge that each party and its counsel have reviewed and revised this Easement and that no
en/kl3/2000 00:36 9707049006
•
lel I NIIR I VER CO
•
PAGE 16
Page 15 of 19
rule of construction that ambiguities are to be resolved against the drafting party shall be employed in
the interpretation of this Easement. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purpose of this Easement that would render the provision valid
shall be favored over any interpretation that would render it invalid. In the event of any conflict
between the provisions of this Easement and the provisions of any use and zoning restrictions or
directives of the State of Colorado, Garfield County, or any other governmental entity with
jurisdiction, the more restrictive provisions shall apply.
18. Estoppel Certificates. Upon request by Grantor, Grantee shall within twenty (20) days
execute and deliver to Grantor any document, including an estoppel certificate, which certifies
Grantor's compliance with any obligation contained within this Easement and otherwise evidences
the status of this Easement as may be requested by Grantor.
19. Waiver of Certain Defenses. Grantor hereby waives any defense of laches, estoppel, or
prescription. The parties agree that the statute of limitations applicable to contract shall apply to any
proceeding to enforce this Conservation Easement. Grantor hereby specifically waives any defense
available to Grantor pursuant to C.R.8. § 38-41-119.
20. Subordination. To the extent the Property ever becomes subject to a mortgage, the
mortgagee shall agree to subordinate any and all of its rights in the Property to the extent necessary to
permit the Grantee to enforce the purpose of this Easement in perpetuity and to prevent any
modification or extinguishment of this Easement by the exercise of any rights of the mortgage bolder.
21, Notice. Any notice, demand, request, consent, approval, or communication that
either party desires or is required to give to the other shall be in writing and either served personally
or sent by first class mail, postage prepaid, addressed as follows:
To Grantor:
To Grantee:
Blue Creek Land Holdings, LLC
c/o Lane Industries, its Manager
Attn: Art Schiller, Senior Vice President
One Lane Center
1200 Shermer Road
Northbrook, IL 60062
Phone: (847) 498-6789
Fax: (847) 564-2399
Roaring Fork Conservancy
P.O. Box 3349
Basalt, Colorado 81621
Phone: (970) 927-1290
Fax: (970)921-1264
01/03/2000 00:36 9707049006
•
WINERIVER co PAGE. 17
Paget 6 of l 9
22. Recordation. Grantee shall record this instrument in timely fashion in the official
records of Garfield County, Colorado, and may re-record it at any time as may be required to
preserve its rights in this Easement.
23, General Provisions.
(a) Controlling Law. The interpretation and perfomtance of this Easement shall
be governed by the laws of the State of Colorado
(b) Severability. If any provision ofthis Easement, or the application thereof to
any person or circumstance, is found to be invalid, the remainder of the provisions of
this Easement, or the application of such provision to persons or circumstances other
than those as to which it is found to be invalid, as the case may be, shall not be
affected thereby.
(c) Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Easement and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the Easement, all of which are
merged herein.
(d) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor's title m any respect.
(e) Successors. The covenants, terms, conditions, and restrictions of this
Easement shall be binding upon, and inure to the benefit of, the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall
continue as a servitude running perpetually with the Property.
(0 Termination of Rights and Obligations. A party's rights and obligations under
this Easement terminate upon transfer of the party's interest in the Easement or
Property, except that liability for acts or omissions occurring prior to transfer shall
survive transfer.
(g) Authority. Each person executing this Agreement represents and warrants
that he or she has been duly authorized by one of the parties to execute this
Agreement and has authority to bind said party to the terms and conditions hereof.
(h) Warranty of Title. Grantor warrants that it has good and sufficient title to the
Property, that it has good right, full power and lawful authority to grant and convey
this Easement, that any mortgages or liens on the Property are and shall remain
subordinate to the terms ofthis Easement, and that the Property is free and clear from
01,l03/2000 ee: 36 9707149006
WINDRIVER CO
•
PAGE 16
Page 17 of 19
all former and other grants, bargains, sales, hens, taxes, assessments, encumbrances
and restrictions of whatever kind or nature whatsoever which are not subordinate
to the terms of this Easement, and Grantor hereby promises to warrant and forever
defend the title to the Easement in the quiet and peaceable possession of the Grantee,
its successors and assigns, against all and every person or persons lawfully claiming
the whole of the Property or any part thereof
(i) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect
upon construction or interpretation.
(j) Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each
counterpart shall be deemed an original instrument as against any party who has
signed it. In the event of any disparity between the counterparts produced, the
recorded counterpart shall be controlling.
(k) Attorneys' Fees. In any action by either party for the enforcement of any tenn
hereof, the prevailing party shall be entitled to the recovery of costs and reasonable
attorneys' fees.
IN WITNESS WHEREOF Grantor and Grantee have executed this grant of Easement on the
day and year first written above.
01/J3/2000 00:36 9707049006
WINDRIVER CO PAGE 19
0 !
Page 18 of 19
GRANTOR:
BLUE CREEK LAND HOLDINGS, LLC, a Colorado limited liability company
By: LANE INDUSTRIES, its Manager
By:
By:
Art Schiller, Vice President.
GRANTEE:
ROARING FORK CONSERVANCY, a Colorado non-profit corporation
Shane T. Harvey, President
01/03/2000 01:36 9707049006
STATE OF ILLINOIS
COUNTY OF
WINDRIVER CO PAGE 21
• •
) ss.
}
Page 19 of 19
The foregoing Grant of Conservation Easement was subscribed and sworn to before me by
Art Schiller, as Vice President of Lane Industries, the Manager of Blue Creek Land Holdings, LLC, a
Colorado limited liability company, on this 31st day of October, 2002,
WITNESS my hand and official seal.
My commission expires:
STATE OF COLORADO
COUNTY OF PITICIIN1
) ss.
)
Notary Public
The foregoing Grant of Conservation Easement was subscribed and sworn to before me
by Shane J. Harvey, President of the Board of Directors of the Roaring Fork Conservancy, a
Colorado non-profit corporation, on this 31" day of October, 2002.
WITNESS my hand and official seal.
My conunission expires:
Notary Public