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HomeMy WebLinkAbout1.0 Application.7__,; 5G8frf/77-4-7,8 -1 - SUBDIVISION PRELIMINARY PLAT Name: G' /9Ny/N C /24-.-/e , 7# 7 .(see scale of maps page 19. Zoning Resolution) Check List: (15 Copies) Prel i mi nary Plat: North Arrow, Scale, Date, Boundary lines and distances with description of tract c). --property lines, owners adjacent to tract ---,.= Notation of easements and setbacks Street names, block and lot numbering system �✓ Area of each lot z' ✓ Contours each 5' intervals unless approval for 10' on Common open space A. Sites reserved for public, parks, schools etc... Fee . • Additional Information: t/ Name of subdivision (unique) ✓ Name and address of owner(s), mortgagees, subdivider, and firm - preparing plat Names and addresses of adjoining land owners Total acreage of subdivided land and acreage of each use. ✓ Proposed terms of dedication of public sites etc... 1/A01/ -J ai dence that subdivision complies with Zoning Resolution NA Total Square Feet of nonresidential floor space. 67;o// Total number of off street parking spaces (excluding S.F.) Vicinity Sketch Map: ✓ Scale 1"=1,000' or 1/24,000 if approved, .5 miles in all directions Physical Information: Geological Information Soils information vc Vegetation ✓ Wildlife Grading and Drainage Plan: Generalized grading for all cut and fill Cross -Sections for difficult grade relationships on roads and building sites ✓ Street profiles (scale consistent with preliminary plat) Drainage Study -existing water courses and expected tributary flows, plus all proposed culverts, bridges, ditches, channels and easements Utility Plan: Water Supply, source proof of quantity and quality and evidence of ownershi p Historic use and yield P od ly Amenability of rights to change in use. Proof that•public or private will supply water and what amount Evidence of potability e Disposal: • ure of legal entity who will own system and method of financing Information on existing water system (if connection is to be -made) Individual wells -proof of availability of water Plan of Augmentation for Junior wells Description of system (for central system) Treatment -public or private facilities .can and will handle it r/ Entity which will own and operate system.and method of financing ,QA. If connected to existing system -information -on existing system --ter- If individual systems -perk tests, maximum ground water level etc.. results Underground Wirin : Description of the system and evidence of utility Company agreement Comments: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Owner: PRELIMINARY PLAN APPLICATION AND PUD ZONING AMENDMENT FOR THE CANYON CREEK ESTATES PLANNED UNIT DEVELOPMENT LAZIER -SILLS PARTNERSHIP P. O. Box 981 Glenwood Springs, Colorado 81602 Prepared By: SUNDESIGNS ARCHITECTS AND PLANNERS MOUNTAIN ENGINEERING AND LAND SURVEYING CO. LEAVENWORTH, PATRICK AND LOCHHEAD, P.C. GARFIELD COUNTY, COLORADO August, 1982 TABLE OF CONTENTS Section Title Page I. Introduction 1 II. Objectives 3 III. Land Use and Densities 4 IV. Housing Types 6 V. Building Siting 6 VI. Open Space 7 VII. Preliminary Plan 8 VIII. Name of Subdivision 8 IX. Name and Address of Record Owner 8 X. Name and Address of Adjoining Landowners 10 XI. Subdivision Summary Form 10 XII. Proposed Terms of Public Dedications 10 XIII. Proposed Covenants 10 XIV. Evidence of Compliance with Zoning 11 XV. Proposed Non -Residential Floor Space 11 XVI. Proposed Off Street Parking Spaces 11 XVII. Vicinity Sketch Map 11 XVIII. Physical Information 12 XIX. Grading and Drainage Plan 14 XX. Utility Plan 15 Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Maps Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Figure Figure Ownership Consent - Title Policy Deed of Trust Subdivision Summary Form Proposed Protective Covenants Soils and Engineering Geology Report Engineering Report for Preliminary Plan Water Rights and Water Supply Materials Regional Context Map Vicinity Map Preliminary Plan Building Geologic Soil and Drainage Envelopes Conditions Map Vegetation Map Plan 8 Plan and Profile - Shelljo Drive 9 Plan and Profile - Shana Lane Figure 10 Appendixes Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Domestic Water and Sewage Disposal Soil Conservation Service: Soil Information Electrical Service Report; Natural Gas Service Report Telephone Service Report Zone District Regulations Resolution No. 81-316 PRELIMINARY PLAN APPLICATION AND APPLICATION FOR AMENDMENT OF ZONING REGULATION FOR CANYON CREEK ESTATES, A PLANNED UNIT DEVELOPMENT I. INTRODUCTION This Preliminary Plan Application is submitted for review by the Board of County Commissioners of Garfield County pursuant to Section 3.04 of the Subdivision Regulations of Garfield County, Colorado of 1978, and contains information required by Section 4.02 of those regulations. This Application is accompanied by a subdivision review fee of $ , as required by Section 6.00. Additionally, this Application is submitted pursuant to Section 4.08.07 and 4.12.03 of the Garfield County Zoning Resolution of 1978. On October 6, 1981, by Resolution No. 81-316, the Board of County Commissioners unanimously approved a zone district amend- ment to the Garfield County Zoning Resolution, and approved the Planned Unit Development zone for the Canyon Creek Estates Planned Unit Development (see Appendix 5). The final effec- tiveness of that resolution is, of course, dependent on the satisfaction of the conditions contained therein and upon final plat approval of the subdivision of the property pursuant to the Subdivision Regulations of Garfield County, Colorado of 1978. At the outset, it should be noted that the proposed sub- division represented in this application varies slightly from -1- the proposal which was approved by Resolution 81-316. The total number of dwelling units will be the same, and the overall con- cept is virtually identical. However, partially in response to comments by adjoining landowners at the rezoning hearings, the owner has determined to eliminate the multi -family tracts at the lower end of the property, and to instead designate lots for the development of condominium -duplex units. One tract is indicated for multi -family development of 7 townhouse units. This area is currently the subject of a surveying clarification with the Bureau of Land Management, and approval is sought conditioned upon the final resolution of this clarification. One tract is identified for the development of a four -unit townhouse. Again, the gross density of the development will remain the same, with a shift in concept from single-family/multi-family to single-family/condominium-duplex. Because the number of lots will increase and the uses will change slightly, this Application requests an amendment to the zone district regulations established by Sections 2 and 3 of Resolution 81-316. These revised zone district regulations are as set forth in Appendix 4 attached hereto and incorporated herein by this reference. Accordingly, the owner hereby requests that the Board of County Commissioners' hearing on the Preliminary Plan Application be held simultaneously with a hearing on the amendment of the zone district regulations established by Resolution 81-316. These hearings are requested -2- to be conducted in accordance with the provisions of C.R.S. 1973, §30-28-116. The land which is the subject of this Application, CANYON CREEK ESTATES, A PLANNED UNIT DEVELOPMENT, comprises 76 acres more or less, and is shown on Figure 3 and described in Exhibit A, attached hereto and incorporated herein by this reference. The aforementioned property is owned by the Lazier -Sills Partnership, subject to exceptions and reservations in patents, rights-of-way, restrictions, encumbrances and easements of record or in use. See Exhibit A. The Canyon Creek PUD site is located adjacent to Canyon Creek on State Highway 6 and 24, just east of the Canyon Creek Interchange of Interstate Route 70, as is shown on Figures 1 and 2. This Application will follow, as nearly as is practical, the outline and requirements of Article 4.02 of the Subdivision Regulations of Garfield County, Colorado of 1978. References to sections will represent sections of the Subdivision Regulations, unless indicated otherwise. II. OBJECTIVES The Canyon Creek PUD is designed to achieve the following objectives of development: A. To provide a variety of housing types including affordable duplex housing; located in the New Castle/Glenwood Springs area. B. To provide a procedure which can relate the type, design and layout of residential development to the specific site and thereby realize preservation of the land's natural characteristics. C. To realize community and recreational amenities integrated with housing and open spaces. D. To encourage integrated planning and development. III. LAND USE AND DENSITIES The Canyon Creek PUD site consists of three basic environ- mental zones --the elevated, centrally located, irrigated meadow; the riparian areas adjacent to Canyon Creek; and the pinion/juniper covered uplands and slopes. The majority of the proposed development is contained on the meadow lands with housing surrounding a centrally located common open space, thus creating a park -like setting, where residents will have easy access to recreational facilities. The riparian areas of Canyon Creek will also be designated as common and public open space for passive recreation, serving also as a wildlife corridor. -4- The proposed land uses and densities of the Canyon Creek PUD are located, defined and tabulated on the Preliminary Plan (Figure 3). The uses consist of the following: A. Single Family Residential -Low Density. 28 single- family lots on 33.69 acres for a density of 1.20 acres/d.u. B. Condominium -Duplex Residential. 30 dwelling units on 15 condominium -duplex lots on 10.40 acres for a density of 0.35 acres/d.u. C. Multi -Family Residential. One four-plex. Four dwelling unity' on a 1.1 acre lot for a density of 0.28 acres/d.u. D. Open Space. 19.15 acres of common open space (25% of total land area). E. Roads - 12.25 acres. F. Future lot. A 7 -unit single condominium building on 7.15 acres with 1.79 acres of common open space is planned for Lot 45, which is subject to the surveying clarification more fully described in Section I, supra. G. Community Facilities. Land provisions are made for a community equestrian center within the central common open space. Additionally, the appli- -5- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 cation for approval of a plan for augmentation filed in Water Court incorporates water service to the equestrian/community center. IV. HOUSING TYPES A. Single -Family: The single-family lots consist of rural density lots averaging 1.20 acres. B. Condominium -Duplex: Condominium -duplex units will be lineal arrangements of two dwelling units. Each unit is on private property, and the two units share common elements such as landscaping, vehicular entry and guest parking. They also share common walls, structure and utilities. C. Multi -Family; Townhouses: Townhouses are lineal or clustered arrangements of bet- ween four and seven units. Each unit will be on pri- vate property and will have private outdoor space. Townhouses share such elements as landscaping, vehicu- lar entry and guest parking. They also have common walls and structure, utilities and covered parking. V. BUILDING SITING In the Protective Covenants, a building envelope within each lot will be located and defined in size. The objectives of the -6- Covenants will be to achieve visual harmony within a development area, protect individual view planes, maximize solar orientation and avoid site specific geologic hazards. The building envelo- pes will be determined and made an exhibit to the recorded pro- tective covenants and will be enforcible by the Homeowner's Association through that document. Figure 4 illustrates the proposed building envelopes. Twenty-six of the single-family lots will contain a building envelope area of approximately 3,000 square feet. Each condominium -duplex lot will contain a building envelope of approximately 5,000 square feet. The envelopes will be sited on developable land avoiding steep slopes and preserving existing natural vegetation as much as possible. VI. OPEN SPACE The following defines the different open space land classi- fications and how they contribute to recreational usage and/or visual open space; see Figure 3: A. COMMON OPEN SPACE: Common open space is located on two distinct areas within the site; 1. Irrigated Meadow: The centrally located commons on the irrigated meadow provides a park -like landscape and visual buffer between development units. The central location provides convenient pedestrian access. -7- This area is intended for both active and passive recreational uses. 2. Canyon Creek Riparian Zone: The riparian lands adjacent to Canyon Creek north of Lot 43 will be common open space that will also be dedicated for public use. The open space in this area will serve to maintain the ecological and visual integrity of Canyon Creek. Only passive recreation will be permitted in this area. B. PRIVATE OPEN SPACE: Private open space will include private lands outside of designated building envelopes. This designation is primarily intended for the preservation of the vegetated slopes on the site. The preservation of vegetation would enhance slope stability and preserve wildlife habitat. The private open space is contained within the lot areas with no easements for public usage. VII. PRELIMINARY PLAN (Sec. 4.02.01) Figure 3 attached hereto and incorporated herein by this reference is the Preliminary Plan, and provides information required by Sec. 4.02.01 VIII. NAME OF SUBDIVISION [Sec. 4.02.O1.k(1)] Canyon Creek Estates, A Planned Unit Development. IX. NAME AND ADDRESS OF RECORD OWNER [Sec. 4.02.01.k(2)]: -8- Owner: The Lazier -Sills Partnership, a Colorado General Partnership c/o Jimmy M. Sills P.O. Box 981 Glenwood Springs, CO 81602 See Exhibit A attached hereto and incorporated herein by this reference. Mortgagee: Robert S. Zimmerman and the Colorado National Bank of Denver, as Trustees under the will of Henry P. Williams, Jr. c/o Colorado National Bank of Denver P.O. Box 5168 Denver, CO 80217 See Exhibit B attached hereto and incorporated herein by this reference. Preparers: This Preliminary Plat Application is sub- mitted on behalf of the Applicant by the following firms: Mountain Engineering and Land Surveying Co. 406 Hyland Park Drive Glenwood Springs, CO 81601 Sundesigns Architects 1315 1/2 Grand Avenue Glenwood Springs, CO 81601 Leavenworth, Patrick & Lochhead, P.C. 1011 Grand Avenue P.O. Drawer 2030 Glenwood Springs, CO 81602 Abeyta Engineering Consultants, Inc. P.O. Box 1736 Glenwood Springs, CO 81602 Woodward -Clyde Consultants Harlequin Plaza - North 7600 East Orchard Road Englewood, CO 80111 Terra -Task 2108 Desert Hills Road Grand Junction, Co 81503 X. NAMES AND ADDRESS OF ADJOINING LAND OWNERS [Sec. 4.02.01.k(3)] Adjacent ownership is documented on Figure 2 attached hereto and incorporated herein by this reference. XI. SUBDIVISION SUMMARY FORM [Sec. 4.02.01.k(4)] See Exhibit C attached hereto and incorporated herein by this reference. XII. PROPOSED TERMS OF PUBLIC DEDICATIONS [Sec. 4.02.01.k(5)] All of the public roads shown on figure 3 will be dedicated to the County for public use. Additionally, the riparian area north of Lot 43 shall be dedicated for public use. XIII. PROPOSED COVENANTS [Sec. 4.02.01.k(6)] The Protective Covenants for the Canyon Creek Estates will be designed to accomplish two basic purposes: To establish a Homeowners Association for the ownership, operation and main- tenance of central water and sewer systems and common areas and for the enforcement of the Protective Covenants; and to establish guidelines for the benefit of every lot owner in the development which ensure harmonious development and the main- tenance of a pleasant environment. Although the Protective -10- Covenants are still being finalized, a draft is attached hereto as Exhibit D and incorporated herein by this reference. XIV. EVIDENCE OF COMPLIANCE WITH ZONING [Sec. 4.02.O1.k(7)] The rezoning of the property as PUD was approved by Resolution 81-316 of the Board of County Commissioners of Garfield County. This Application requests a modification of the zone district regulations set forth in Section 3 of that Resolution, and if such amendment is approved after appropriate hearings, this Subdivision will be fully in compliance therewith. The proposed zone district regulations are set forth in Appendix 4. XV. PROPOSED NON-RESIDENTIAL FLOOR SPACE [Sec. 4.02.01.k(8)]: None. If the Homeowner's Association chooses at some future date, an equestrian center or other active recreation may be established in the central common open space area. XVI. PROPOSED OFF STREET PARKING SPACES [Sec. 4.02.01.k(9)] This Application does not contemplate any restriction or limitation on off-street parking. The proposed zone district regulations establish off-street parking requirements for all lots within the development and parking regulations for the development of community facilities on common open space. XVII. VICINITY SKETCH MAP (Sec. 4.02.02) -11- See Figure 2 attached hereto and incorporated herein by this reference. XVIII. PHYSICAL INFORMATION (Sec. 4.02.03) 1. Geology and soils (Sec. 4.02.03.a and b): Considera- tion has been given to the following items and potential natural hazards: - Soils Hazards - Slope Hazards - Slope Stability - Floodways The above conditions are depicted on the Geologic Conditions Map attached hereto as Figure 5 and incorporated herein by this reference. United States Soil Conservation Service soil classi- fications are depicted on the Soil and Vegetation Map attached hereto as Figure 6, and Appendix 1 attached hereto and incor- porated herein by this reference. See also the Soils and Engineering Geology Report prepared by Terra -Task Engineering attached hereto as Exhibit E and incorporated herein by this reference. Proposed development areas avoid zones of potential hazard, which generally occur along steep slopes. Actual building sites will be located by the establishment of building envelopes in the Protective Covenants so as to avoid unmitigable hazards that are identified as the result of site specific investigation. -12- 2. Vegetation (Sec. 4.02.03.c): The site contains three distinct vegetation associations --the centrally located mesa is an irrigated hayfield, the uplands and slopes are predominately in pinion/juniper cover, and riparian and low lying areas are in cottonwood/oak cover. These vegetation types are identified and mapped on Figure 6. The majority of development will impact the irrigated meadow area. Development units will utilize the periphery of the meadow with existing vegetation as a back drop. Much of the meadow will be preserved as a common recreational space central to the development. Areas of native vegetation located in pri- vate open space and common open space adjacent to Canyon Creek will be protected against vegetation removal by the Protective Covenants. 3. Wildlife (Sec. 4.02.03.d): There are two distinct wildlife habitat areas on the Canyon Creek site: (a) Pinion/Juniper Areas. (b) Riparian Areas adjacent to Canyon Creek. These areas are mapped on Figure 6. The design of the Canyon Creek Subdivision seeks to preserve these habitat areas by incorporating the following criteria for wildlife planning: (a) Development areas avoid steep slopes which are -13- pinion/juniper habitat areas. (b) Building envelopes and development areas are held back from drainages, ravines and riparian areas. These vegetated areas will serve as wildlife corridors. (c) The Canyon Creek riparian area will be for passive recreation only with no structures permitted. (d) Fencing will be limited as to type and location: Opaque architectural fencing will be limited to the building envelope area. Fencing located outside the building enve- lope area will be that which is approved by the Colorado Division of Wildlife. (e) A restrictive covenant regarding pets which is at least as restrictive as the current Garfield County dog ordinance. XIX. GRADING AND DRAINAGE PLAN (Sec. 4.02.04) A Grading and Drainage Plan is attached hereto as Figure 7 and incorporated herein by this reference. This Figure and Exhibit F show illustrative cross sections, street profiles, and paving specifications. A drainage study and 100 -year flood plain study was per- formed by Mountain Engineering and Land Surveying Co., and is attached hereto as Exhibit F and Figure 7 and incorporated -14- herein by this reference. Additionally, Plan and Profile Maps for Shelljo Drive and Shana Lane were prepared by Mountain Engineering and are attached hereto as Figures 8 and 9 and incorporated herein by this reference. XX. UTILITY PLAN (Sec. 4.02.05) 1. Water Supply (Sec. 4.02.05.a) Information related to physical and legal availability of water, and on the operation and financing of the central water supply system, is set forth in Exhibits F and G attached hereto and incorporated herein by this reference. See Figure 10. 2. Sanitary Sewage Disposal (Sec. 4.02.06.b) Information related to the operation and financing of the central sewer system is contained in Exhibit G. Information related to the type of central system and type and operation of individual sewage disposal systems is set forth in Exhibit F. See Figure 10. 3. Underground Wiring (Sec. 4.02.05.c) All utility facilities will be underground. Electricity: At present, the Public Service Company of Colorado has franchise rights for the provision of electric -15- power to the Canyon Creek area, and has indicated a willingness and ability to provide such service, see Appendix 2 attached hereto and incorporated herein by this reference. There exists an easement for electrical power lines at the southern margin of the Sills Canyon Creek Property as shown on Figure 5. Natural Gas: At present, the Public Service Company of Colorado supplies gas service to the Canyon Creek area, and has indicated a willingness and ability to provide gas service. See Appendix 2 attached hereto and incorporated herein by this reference. Telephone: Mountain Bell holds franchise rights for provi- sion of telephone service to the Canyon Creek area, and has indicated a willingness and general ability to provide service. See Appendix 3 attached hereto and incorporated herein by this reference. EXHIBIT A Exhibit A STATEMENT OF OWNERSHIP The undersigned, Jimmy M. Sills, General Partner of the Lazier -Sills Partnership, a Colorado General Partnership, hereby certifies that the Lazier -Sills Partnership is the owner of all the real property covered by this Preliminary Plan Application, which property is described in the attached Title Policy as part of this Exhibit A. Dated this 26 day ofL/�//c5-7-- , 1982. STATE OF COLORADO County of 414 ) ss. LAZIER -SILLS PARTNERSHIP, Colorado General Partnership Jimmy M. lls General Partner a The foregoing ins rument was acknowledged before me this 32cf day of 4?,2 , 1982, by Jimmy M. Sills. WITNESS my hand and officials seal. My Commission expires: • Co I J' F • 6il/ N tary Public ddress: 6'30 6-2(€. °o %92 r ry c 0 I �S�6d1 1 1 1 1 1 1 1 1 1 1 1 3 4-. 1 No. 8410 ENDORSEMENT TO TITLE POLICY 0-495095 SERIAL NUMBER ISSUED BY S'i` EE: WART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Items 1 and 3 on Schedule A are hereby amended to read as follows: LAZIER -SILLS PARTNERSHIP CHARGE $ 75.00 This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless otherwise expressly stated. Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature, this the day of July 1982. STENVART TITLE GUARANTY COMPANY `�� Chairman of the Board Countersigned Authorized Co - signature 003 6,01 G'oS 4"."-04,;',',44-v.., 4-1 oilPoR4,, '�'• 1908 'ori ... • n. "=uMaE" E 383332 20th President "l -mss G w: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 400 4010 41.411.. POLICY OF TITLE INSURANCE ISSUED BY • ^add. . 'fid .1101. 4100 oaf. 41411. 4110 41410'441. ogys. 40•40...011.00. S T EWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Sr E\1'AJ rF TITLE Chairman of the Board Countersigned: Authorized Countersignatur GUARANTY COMPANY EXCLUSIONS FROM COVERAGE President The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect Of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 0016 Page 1 of Policy Serial No. O 495095 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, dis- tributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CON- VEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of its estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this pol icy. (b) The insured shall notify the Company promptly in writing (1) in case any action or proceeding is begun or defense is interposed as set forth in (a) above, (ii) in case .knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy or, (iii) if -title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost tc institute and without undue delay prosecute any action of proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or riot it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or pros- ecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any Toss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. (continuf'd : ul otncluded on last page of this policy) CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (11) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accord- ance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Com- pany. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be . made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as Valid Only If Schedules A and B are Attached. if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the w'iole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLE- MENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at its main office, P. 0. Box 2029, Houston, Texas 77001. 14. The premium specihed in Schedule A is the entire charge for acceptance of risk. It includes charges for title search and examination if same is customary or required to be shown in the state in which the policy is issued. 1;NS'Al2'l' '1'I'1'14F4 GUARANTY COMPANY 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1DE 0012 AL1 A UAYNLR'S POLICY Amended 10/17/70 SCHEDULE A Order No.: 8410 Policy No.: 0-495095 Date of Policy: OCTOBER 20, 1981 AT 2:02 O'CLOCK P.M. Amount of Insurance: $ 325,000.00 1. Name of Insured: JIMMY SILLS 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: JIMMY SILLS 4. The land referred to in this policy is described as follows: SEE LEGAL ON PAGE 2 A 411101" - Authorized Duntersi gnature Page 2 s \VA12'1' '1'I'1'LE GUARANTY COMPANY 10.3•,k 1 Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation of Schedule A 0-495095 A11 that part of the SE4SW1/4, Section 25 and the NzNW', S2NW4, Section 36, Township 5 South, Range 90 West of the 6th P.M. lying easterly of the center of Canon Creek and northerly of the following described line, to -wit: Beginning at the intersection of the easterly line of the NE'NW' of said Section 36, and the northerly line of Riverview Subdivision as amended and filed as Document No. 241679 in the Garfield County records; thence along the northerly and westerly line of said Riverview Subdivision the following courses and distances; N. 84°59' W. 8.0 feet, more or less; S. 82°31' W. 44.90 feet; S. 59°59' W. 73.60 feet; S. 01°01' W. 350 feet, more or less to a point on the southerly right-of-way line of Old State Highway No. 11; thence along said southerly right-of-way line the following courses and distances; N. 67°50' W. 310 feet; S. 87° 30' W. 335.4 feet to the northeasterly corner of a parcel of land described in Document No. 288281, of the Garfield County records; thence leaving said southerly right-of-way line of said Old State Highway No. 11 S. 05°14'16" E. 399.16 feet to the county road; thence S. 87°31'00" W. 188.70 feet along said county road; thence N. 04°42'38" W. 110.98 feet; thence N. 81°07'13" W. 5.89 feet; thence N. 07°40'47" W. 222.18 feet to a point on the southerly right-of-way line of said Old State Highway No. 11; thence along said southerly right-of-way line the following courses and distances; S. 68°23'54" W. 75.88 feet; thence S. 69°11'59" W. 189.39 feet; thence S. 68°50'16" W. 132.74 feet; thence S. 64°50' W. 138.93 feet; thence S. 57°34' W. 138.40 feet to the centerline of Canon Creek. EXCEPTING THEREFROM parcels conveyed by the following documents: 31377, 39038, 66755, 106454, 113661, 123615, 133749, 277835, 152775, 287390, 287486, 293506, 309137, 309284, 311109, and 311682. COUNTY OF GARFIELD STATE OF COLORADO Page 2A STE'kVA IRT TITLE GUARANTY COMPANY • ALTA OWNLN'S rUUCY-Modified 10/73 SCHEDULE B Policy No.: 0-495095 This policy does not insure against Toss or damage by reason of the following: 1. Rights or claims of rmuties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any and all unpaid taxes and assessments. 6. The effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded October 17, 1890, in Book 12 at Page 62 as Reception No. 10834 and on July 6, 1892 in Book 12 at Page 175 as Reception No. 14249. 8. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded July 6, 1892 in Book 12 at Page 175 as Reception No. 14249. 9. Terms, conditions and effect of Agreement pertaining to water wells between Robert S. Zimmerman and The Colorado National Bank of Denver, a national banking association organized and doing business under the laws of the United States, as trustees under the Will of Henry P. Williams, Jr. and Cedar Hills, Inc., a Colorado corporation, dated July 28, 1978, recorded August 1, 1978 in Book 513 at Page 615 as Reception No. 287389. 10. Any and all easements and rights of way of a public or private nature including, but not exclusively, those for roads, power, telephone and electric lines, and ditches and pipelines. 11. Right of way for the uninterrupted flow of the Canyon Creek River. 12. Right to construct, maintain and use a cistern and pipeline and use an access easement as reserved in document No. 209087 and as referenced in Warranty Deed recorded August 15, 1967, in Book 387 at Page 51 as Reception No. 238681. 13. Resolution No. 79-37, Board of County Commissioners of Garfield County, Colorado, recorded May 1, 1979 in Book 527 at Page 632 as Reception No. 293824. 14. Easement and Right of Way as reserved in the Deed to Jimmy Sills, recorded October 20, 1981 in Book 583 at Page 749 as Reception No. 320424. 15. Mortgage Deed from Jimmy> M. Sills to Robert S. Zimmerman and The Colorado National Bank of Denver, as Trustees under the Will of Henry P. Williams, Jr. in the amount of $243,750.00, dated September 3, 1981, recorded October 20, 1981 in Book 583 at page 753 as Reception No. 320425. 1613 Page 3 STEWAIer 'TITLE GUARANTY COMPANY 1 1 1 1 1 1 1 1 1 1 1 1 40!NO ystS 4t, 0!0 x...;...0...:00 Y•"'a tr`.^ too a1'S Ze5 4 es ties 6-e1 'AY/db 1 1 1 1 EXHIBIT A Order Number: 8410 SCHEDULE A 1. Effective date: FEBRUARY 17, 1981 AT 8:00 O'CLOCK A.M. 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: JIMMY M. SILLS B. ALTA Loan Policy Proposed Insured: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Commitment Number: Amount of Insurance Premium $325,000.00 $730.75 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: ROBERT S. ZIMMERMAN AND THE COLORADO NATIONAL BANK OF DENVER, AS TRUSTEES UNDER THE WILL OF HENRY P. WILLIAMS, JR. 4. The land referred to in this commitment is described as follows: All that part of the SEQSW', Section 25 and the N1/2NW4, S2NW4f Section 36, Township 5 South, Range 90 West of the 6th P.M. lying easterly of the center of Canon Creek and northerly of the following described line, to -wit: Beginning at the intersection of the easterly line of the NE4NW4 of said Section 36, and the northerly line of Riverview Subdivision as amended and filed as Document No. 241679 in the Garfield County records; thence along the northerly and westerly line of said Riverview Subdivision the following courses and distances; N. 84°59' W. 8.0 feet, more or less; S. 82°31' W. 44.90 feet; S. 59°59' W. 73.60 feet; S. 01°01' W. 350 feet, more or less to a point on the southerly right-of-way line of Old State Highway No. 11; thence along said southerly right-of-way line the following courses and distances; N. 67°50' W. 310 feet; S. 87° 30' W. 335.4 feet to the northeasterly corner of a parcel of land described in Document No. 288281, of the Garfield County records; thence leaving said southerly right-of-way line of said Old State Highway No. 11 S. 05°14'16" E. 399.16 feet to the county road; CONTINUED ON PAGE 2 A Page 2 TENVAIZ'1' 'I'I'1'LE f31,J1t41T% •'r/NPA\{" CONTINUATION SHEET EXHIBIT A SCHEDULE A Order Number: 8410 thence S. 87°31'00" W. 188.70 feet along said thence N. 04°42'38" W. 110.98 feet; thence N. 81°07'13" W. 5.89 feet; thence N. 07°40'47" W. 222.18 feet to a point of said Old State Highway No. 11; thence along said southerly right-of-way S. 68°23'54" W. 75.88 feet; thence S. 69°11'59" W. 189.39 feet; thence S. 68°50'16" W. 132.74 feet; thence S. 64°50' W. 138.93 feet; thence S. 57°34' W. 138.40 feet to the centerline of Canon Creek. EXCEPTING THEREFROM parcels conveyed by the following documents: 31377, 39038, 66755, 106454, 113661, 123615-, 133749, 277835, 152775, 287390, 287486, 293506, 309137, 309284, 311109, and 311682. Commitment Number: county road; on the southerly right-of-way line line the following courses and distances; COUNTY OF GARFIELD STATE OF COLORADO Page 2 on+, A s rr F ♦, i \ 1Z 'II T I r1 1.1 . EXHIBIT B Recorded at ; )C.' o.!oic .. M. OCT o,44pr1 Roception No. ___ St nirfrA L )RED AISDORf, RECORDER TRUSTEES' DEED l'.'iK 3Sr ,E 7'l9 THIS TRUSTEES' DEED, made this `K day of August, 1981, between ROBERT S. ZIMMERMAN and THE COLORADO NATIONAL BANK OF DENVER, a national banking association organized and doing business under the laws of the United States, as Trustees under the Will of Henry P. Williams Jr., as duly admitted to probate in the District Court in and for Garfield County, Colorado, No. 10-3482, on April 3, 1968, Grantors and JIMMY SILLS, Grantee, whose address is 1602 Lincolnwood Drive, Glenwood Springs, Colorado, 81601; WITNESSETH, Grantors, for and in consideration of the sum of Three Hundred Twenty Five Thousand and No/100 Collars, hereby grant, bargain, sell ar.d convey to Grantee all of the following described real estate situate in the County of Garfield, State of Colorado, to -wit: SEE SCHEDULE "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF Together with all the hereditaments ana appurtenances there- unto belonging and all of the right, title, interest, estate, claim and demand whatsoever of the Grantors either in law or equity, of, in and to the above described property; TO HAVE AND HOLD the above described property, with all appurtenances, unto the Grantee, his heirs and assigns; and the Grantors, for themselves and their the title against all persons claiming IN WITNESS WHEREOF, Grantors have successors, warrant under them. executed this Trustees' Deed the day and year first above written. / .!.' ' l 7'.'➢'F ES'); f \ `:• 'Personal Trust Offic r of• The•' Colorado National Bank of Denver and THE COLORADO NATIONAL BANK OF DENVER By: 14' i �" " l�cit/I/✓Ctit1Gu.� Vice President and Trust Officer, as Trustees under the Will of Henry P. Williams, Jr. 1 r 1 1 1 1 1 1 1 1 1i 1 1 r STATE OF COLORADO ) CITY AND COUNTY OF DENVER) ss. b"'';K . )S; The within and foregoin ,instrument was acknowledged before me this _1O Lvday of (2j, , ,, -., / , 19$f , by N.L. Markman as Vi, e President and Crust Officer,and-� V ! C o >> , Personal Trust Officer of theA��� Colorado Natf'onal Bank of Denver, as Trustee under the Will of.Henry P. Williams, Jr. v. WTyNESS my hand and official seal. ,'/ANS°TAR%S r gg . 7y commission expires: t 't . � �J Pt/80C' 1 eLe'C-7 it / a>q-e't" Notary ublia' STATE OF COLORADO ss COUNTY OF GARFIELD ) COLORADO NATIONAL BANK OF DENVER 17TH AT CHAPPA STREET DENVER, CO 80202 before me this ,j', I'l day of-Q37c,.,Lye,p The within and foregoing instrument was acknowledged , 19/1 ,wlby Robert S. Zimmerman, as Trustee under the Will of -Henry P. Williams, Jr. J. r ii o •.,,aITNESS my hand and official seal. 0 S A R j.Vy commission expires :• Z61-u4.y x.�. 1985 -� �•f....' ' ary Public 1 1 1 1 1 1 1 1 • :;CIIlarlll.l: "/1" by 5S3 Y:cE'751 All that vitt c.l Ile• ::I:',':L1', I inn 25 .rid. thr• tJ',ill!'ar S;,VP]':;, :;r•r•1 lett 36, Township 5 Sonih, R.noe 90 Oto.t J. the 6th P.M. lying easterly of the center of Canon Creek and ,rorLherly of the following described line, to -wit: . Beginning at 1he intersection of 1111' easterly line of the Nr•:'.;t•lwJ; of :r.1ic1 Section .16, .tnrl Ili' northerly .lino ut Riverview Subdi- vision as amended and tiled as Document !;o. 241679 in the Garfield County record:.; thence along the northerly and westerly line of • said Riverview :1ul,.li.vi:;ic•n the following courses and distances; N. 84°59' W. 8.0 feel, more or less; O. 82°31' W. 44.90 fact; S. 59°59' 1'1. 73.60 feet; S. O1°01' W. 350 Leel., more or less Lo a point on the southerly right-of-way lint: of Old State highway No. 11; thence along said c:uutherly right -of. -way Linc the following courses; and distances; N. 67°50' W. 310 feet; S. 87°30' W. 335.4 feet to the northeasterly corner of a parcel. of land described in Document No. 208211, of the G.trficld County record:;; thence leaving said southerly right-of-way line of said c)id State Highway No. 11 S. 05°14'16" E. 399.16 Leet. to the county road; thence S. 87°31'00" 1.1.. 188.70 feet along said county road; tiu.nce N. 04°42'38' W. 110.98 feet; thence N. 81.'07'13" W. 5.89 feet; ti once O. 07°40'41" 1.1. 222.10 feet to :r point on lhe southerly right--of-way line of said Old State Highway No. 11; thence alone said southerly right-of-way lino the fo11.o'.ai:ry course:( .:nd distances; 5. G8°23`54" W. 75.88 feet; thence. S. 69°11'59" W. 185.39 feet; thence S. 68°50'1.6" W. 132.74 feet; thence S. 04°50' W. 138.93 feet; thence S. 57°34' W. 138.40 feet to the centerline of Canon Creek. Excepting therefrom parcels conveyed by the fol Loai.ng document: 31377, 39038, 66755, 106454, 113661, 123515, 133749, 277E35, 152775, 287390., 287486. 293506, 309131, 309284, 311109, and 3116E2. Excepting U.S. Patent reservations and exceptions, prior mineral reservations, if any, easements and rights; of way including ditch easement: and the eaoem::nt. for fold :;tate uir_,r.':,ay lin. 11 end any right adjoining property owners: may have acCui red in such Old State Highway No. 11 by reason of c:onl 1nuing u.:e thereof ,...:.t easements connected with the Eric C. Williams and Jill Williams Lracts aiony Canon Ciee:. and easement for purposes of access to the head Yate of the Wolverton and Johnson Ditches and any' and all easements and right of ..ay .of a pu')lic or private mature i ncludi nc;, but not c::clusively, those for roads, power, telephone and electric lines, and ditches and pipelines. Subject to the terms, conditions and e_fect of Agreement pertaining to water wells between Robert S. Zimmerman and The Colorado National Bard; of Denver, a national banking association organize(', and doing business under the laws of the United States, as trustees under tie Will of Henry P. Williams, Jr. and Cedar Stills, Inc., a Colorado corporation, dated July 28, 1978, recorded Au:iuvL 1, 1978 in Book 513 at P.r5,• 515 as Reception No. 287389. And any and all governmental regulations, if any Also subject to the right to construct, maintain and use a cistetr; and pipeline and use an access easement as reserved i.;t Docum,:nt No. 201:•087 and as referenced in Warranty Decd recorded August 15, 1967, in Boot: 387 at Page 51 as Reception No. 238681. Together with any and all structure and water rights apptrtenant to or .used upon or in connection with said property including, hul not 0v way of limitation the following specifi_ca11v described structure and water rights: A. The Wolverton Mesa Ditch Priority No. 169 water right decreed for 1.4 c.f.s. in Civil Action No. 1159, Garfield County District Court, on November 15, 1905, with an appropriation date of December 1, 1903; and B. 0.75 c.f.s. of the Johnson Ditch Priority No. 143D water right originally decreed for a total of 1.06 in Civil Action Nos. 1159 and 1169, Garfield County District Court, on November 15, 1905 and March 6, 1906, respectively, with appropriation dates of May 21, 1889 and C. 0.39 c.f.s. of the Johnson Ditch First Enlargement Pr.ority No. 260 water righu originally decreed for 0.5 c.f.s. in Civi. Action No. 4004, Garfield County I)isiri_t Court, on September 5, 1952, with an appropriation dote of May 10, 1950. D. The Wolverton Mesa First Enlarument Priority No. 254 water right decreed for 1.0 •win Civil Anion ti. 4004, Garf ield 10,c 194 County District Court, on September 5. 1952,ate ot April 1 1 1 1 1 1 1 1 1 1 1 1 r 1 .4 1 9;;11 Subject to partial reI,.1!.os in ic,:c,rtl:nce with contract be parties dated February 5, 1981. Grantors reserve an cearement and established r iyhl. of wily across the real property described herein lot access and purposes to be ur.ccl in connection with 1.lv• Er i,7 C. Willi:: the Jill C. Will ianit: (.t art. as de r:;•rib- d in deeds recurducl No. 311109 in Book 563 at Paye !O16 and Document Nu. 29350 at Pack 76 of the Garfield County rec:orda, • Cha location a of which may be changed or re-(":t.lb1islwd by nr;:nt•ec: so 1 alignment provides reasonably acicc_lu_ltc and sul table acccs tracts. 583 Nr.E'i 52 luecn the over and utility 1D: tract and as Document 11 in Puck 527 nd alignment ony as :such s to such EXHIBIT C G. SUBDIVISION SUMMARY FORM Garfield County Type of Subdivision . Request for Exemption Date A1,g11t 2, 1922 Preliminary Plan XXXX Final Plat Subdivision Name: Filing Canyon Creek Estates P.U.D. Location of Subdivision TOWNSHIP 5 _s RANGE 90 w SEC.25_ 1/4 Owner(s) NAME ADDRESS Subdivider(s) NAME ADDRESS Designer NAME ADDRESS Lazier/Sills Joint Venture II I'•. • '"11.04110 Lazier/Sills 7oi nt Venture P.O. Box 981, C,Lenwnnd Springs, C'n 216112 u . • . • • • mi.- . • 0•- • II C;1 enwnnd Spri n s , cn G1exwoo9 i n.rc Type of Subdivision Number or Arca % 0 Dwelling Units (Acres) Total Area cry (x) Single Family ( ) Apartments (X) Condominiums ( ) Mobile Home ( ) Commercial ( ) Industrial 22 34 N.A. N.A. Street Walkways Dedicated School Sites Reserved School Sites Dedicated Park Sites Reserved Park Sites Private Open Areas Easements Other (specify) -43 69 44° 11.50 15% 12.25 16% 19.15 25% Total 7A 59 100% Estimated Water Requirements Proposed Water Source Estimated Sewage Disposal Requi ement 21,000 Ga ons •ay. Proposed Means of Sewage Disposal Package treatment plant fnr 56 units Leach Field for 6 units ACTION: Planning Commission Recommendation 36,607 Gallons/day. Approval ( ) Remarks Date Disapproval ( ) , 19 • Board of County Commissioners Approval ( ) Disapproval ( ) Remarks .Date , 19 . EXHIBIT D DECLARATION OF PROTECTIVE COVENANTS FOR CANYON CREEK ESTATES, A PLANNED UNIT DEVELOPMENT WHEREAS, THE LAZIER -SILLS PARTNERSHIP (Declarant) is the owner of that certain real property described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred to as the PUD), which property is situated in Garfield County, State of Colorado, described as the Canyon Creek Estates, a Planned Unit Development (PUD), as the same appears upon the final plat filed for record on 19 as Reception No. in the office of the Clerk and Recorder, Garfield County, Colorado; and WHEREAS, Declarant, being desirous of protecting property values and protecting the health, convenience and welfare of the owners of the lots and tracts in the PUD does hereby public and declare that the following terms, covenants, uses, conditions, restrictions, limitations and obligations shall be deemed to run with the land located within the PUD, except lots 43 and 44, and shall be a burden upon and benefit to any person or persons acquiring or owning any interest in the PUD, their grantees, successors, assigns. heirs, devisees, personal representatives and 1.0 DEFINITIONS. As used in these Protective Covenants, the following words and terms shall have the following meanings: 1.1 "PUD" shall mean Canyon Creek Estates, a Planned United Development. 1.2 "HOA" shall mean the Canyon Creek Homeowner's Association. 1.3 "ACC" shall mean the Architectural Control Committee for the PUD. 1.4 "Lot" shall mean any lot, tract or parcel of land in the PUD except lots 43 and 44. 1.5 "Unit" shall mean a residential dwelling unit, and shall apply to multiple dwelling units in a single struc- ture, e.g., duplex or 4-plex, etc. 1.6 "Owner" shall mean the owner of a lot located within the PUD. 2.0 EXCLUSION. Lots 43 and 44 as they appear on the Final Plat are expressly excluded from these Protective Covenants. 3.0 HOMEOWNER'S ASSOCIATION (HOA) 3.1 Homeowner's Association. Any and all owners of lots in the PUD in accepting a deed or contract for any lot within the PUD agrees to and shall be a member of and be subject to the obligations and duly enacted bylaws and rules of the Canyon Creek Homeowner's Association, Inc., a non- -2- profit corporation. Said Homeowner's Association shall be incorporated for the purpose of enforcing these protective covenants, for the maintenance of common areas within the PUD, for owning, operating, and maintaining the water and sewer systems of the PUD and for operating any and all com- munity services of every kind and nature required or desired within the PUD for the general use and benefit of all lot owners. 3.2 Water and Sewer Systems. All central domestic and raw water and sewer systems within and providing service to lots or common areas within the PUD shall be owned, operated and maintained by the HOA in accordance with such rules, regulations and bylaws as may be adopted by the HOA. Individual wells or sewage disposal systems including septic tank/leach fields or evaporative sewage disposal systems servicing only one lot shall be owned, operated and main- tained at the sole expense of the owner of the lot serviced by said individual system. Owners of lots serviced by indi- vidual water or sewer systems shall not be liable to the HOA for assessments or other expenses related to the ownership, operation or maintenance of central water and sewer systems, but shall be liable for assessments or other expenses related to the ownership, operation and maintenance of any systems servicing common areas. Access necessary to construct, service and repair water and sewer facilities to -3- lots within the PUD shall not be denied by any owner. The HOA reserves the right to enter upon any lot within the PUD to drill wells or construct facilities for domestic water consumption or sewer service. 3.3 Enforcement of Protective Covenants. The HOA, through its board of directors or any owner of any property within the Canyon Creek PUD, shall have the right to enforce all covenants herein imposed by any proceedings at law or in equity. Failure by the HOA or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to enforce this covenant or restriction thereafter. In addition to any other remedies otherwise available, the board of directors of the HOA or its designated representatives may, upon violation or breach of any covenant herein, enter upon any property where such violation or breach exists and may abate or remove the thing or condition causing the breach and the cost incurred in connection therewith shall be billed to and paid by the owner or owners violating or breaching these covenants, pro- viding that the HOA has first given 30 days' written notice to the owner for his correction of said breach or violation of these covenants. If the violating owner or owners fail after demand to pay such costs, then such costs shall be and become a lien upon the property of such owner or owners for the amount due and not paid pursuant to the provisions of the Articles and Bylaws of the HOA. 3.4 Individual Sewage Systems. Each residence not connected to the central sewage system shall contain at least one fully equipped bathroom and all sewage shall be disposed of by means of an individual mechanical, sewage treatment facility or septic tank and leach field and shall be approved by the Colorado State Department of Health and local health agencies having jurisdiction thereof. Mechanical sewage treatment facilities or individual septic tank/leach field systems shall not be utilized in such a manner as to pollute or threaten to pollute ground or sur- face waters or affect or pollute the water supply system of the PUD. 3.5 Plan for Augmentation. Each lot owner shall shall comply with and be subject to the terms and conditions of the plan for augmentation and any water rights decrees under which the central domestic and raw water system(s) operates or under which any individual well operates. Such limita- tions include limitations on sewage disposal systems, irri- gated lawn and garden area, and water use and administration within the priority system. Any lot owner may apply to the HOA for amendment of the plan for augmentation to allow for a use of water other than provided in said decree. Upon approval by the HOA of said amendment, the HOA shall make application to the Water Court, Water Division No. 5, State -5- of Colorado, for such amendment. The HOA shall not be liable for any result of said Application, and the lot owner requesting said amendment shall fully reimburse the HOA for all costs and attorneys' fees in prosecuting said applica- tion, and shall indemnify and hold the HOA harmless from any liability relating thereto or arising therefrom. 4.0 RESIDENTIAL PURPOSE. The lots within the PUD shall be used only for residential purposes, provided that one barn, garage or other outbuilding may be constructed in addition to a residence on any lot and provided further that no land within the PUD shall be occupied or used for any commercial or business pur- pose, except for a home occupation or profession conducted entirely within a building by the owners thereof, which use is clearly incidental and secondary to the use of said property for residential purposes. No barn or accessory structure may exceed 15 percent (15%) of the total square footage of the principal structure, as measured from the outside of foundation walls unless approved by the ACC. The barns and accessory structures shall be so designed as to blend with and complement the general architectural scheme of the principal structure. All barns and accessory structures shall be located entirely within the building envelope for the particular lot. No display, stock in trade or outside storage equipment, signs or other external advertising shall be permitted. No mobile homes will be per- mitted in the PUD. 5.0 STRUCTURES AND LANDSCAPING IN THE PUD. All structures in the PUD shall be designed to blend into and complement the natural surroundings. All structures shall be sited on each lot by the owner, and approved by the ACC. Unless varied by the provisions of paragraph 14.4 hereafter, no structure on any lot or tract shall be constructed outside the building envelope as located and defined on the building envelope map attached hereto as Exhibit B and incorporated herein by this reference. In siting a structure, the ACC shall approve its location as near to the spot selected by the owner as shall not impede or restrict the veiw plane of other owners and otherwise meet the criteria set forth in paragraph 14.3 hereafter. The minimum size of each single-family structure shall be not less than 1200 square feet of habital floor area, exclusive of open porches, garages or carports, as measured from the external foundation walls. No structure shall be permitted on any lot or tract which exceeds thirty (30) feet in height measured from the average natural finished grade line immediately adjoining the foundation to the average roof height. No radio, short wave or television antenna over five (5) feet above the highest roof line and no television or short wave disk shall be permitted unless approved by the ACC. No structure shall be erected by means of other than new construction, it being the purpose of this covenant to insure that old buildings will not be moved from previous locations and placed upon a lot or tract. Exteriors of all structures shall be constructed of either -7- brick, stone, lumber, or a combination thereof. The use of cin- derblock shall not be allowed unless it is faced with another material herein approved. Each structure shall be completed within one (1) year from date of the issuance of a building per- mit. Landscaping shall blend with natural vegetation. No tree shall be removed or cut down without approval by the ACC. All areas cut, filled or disturbed by any construction or other activity shall be fully restored and landscaped. 6.0 RESUBDIVISION PROHIBITED. The resubdivision of a lot or tract is prohibited; provided, however, condominiumizations of a structure on a tract shall be allowed if approved by Garfield County, and the combining of lots into one lot shall be allowed, provided that the number of dwelling units on said new lot does not exceed the number of dwelling units approved for the separate lots before the single lot was approved by Garfield County. created, and if 7.0 UTILITY LINES. No new gas lines, power lines, telephone lines or television cables shall be permitted unless said lines are buried underground and out of sight from their primary source at the lot or tract line to the structure and at the owner's expense. 8.0 NO TEMPORARY STRUCTURES. No structure of character; trailer, basement, tent or shack of any shall be used on any lot except on a temporary -8- a temporary description basis, not 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 exceeding six months, by the construction company constructing a structure on a lot or tract. 9.0 FENCES. Architectural screen fences, limited to six (6) feet above ground level and constructed of natural wood, are allowed provided they are located within the building envelope designated for each lot or tract and are approved by the ACC. Open post and rail fences, limited to four (4) feet above ground level and constructed of unfinished natural wood poles, are allowed provided they are located so as to not unduly disrupt natural brush and tree vegetation nor cause soil erosion and are approved by the ACC. No metal masonry or plastic fencing of any kind, except as approved by the ACC for tennis courts or similar enclosures, shall be allowed. 10.0 ANIMALS. All owners and occupants of property within the PUD shall be respondible to maintain their pets, including dogs, horses and other domestic animals, under control and located on the lots owned and occupied by said owners and occu- pants, at all times and such animals shall not be permitted to create a nuisance or annoyance to adjacent properties or inhabi- tants within the PUD. No animal shall be kept on the PUD for commercial purposes; provided that this restriction shall not be construed to prohibit the raising of livestock on the PUD for 4-H or FFA purposes. Paddocks or stables shall be provided for horses and other grazing livestock. Horses and other grazing livestock shall be kept in paddocks or stables as required to -9- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 prevent the overgrazing of native or planted grasses and from harming native brush or trees and from causing soil erosion. No horse shall be allowed on any lot except lots exceeding 1.15 acres. No more than 17 horses total shall be kept within the PUD. No hunting, shooting, trapping or otherwise killing or harming of wildlife shall be permitted, it being the intent hereof to conserve and protect all wildlife to the fullest extent possible. 11.0 VEHICLES. Vehicles which are unlicensed shall not be stored or maintained on the premises for a period in excess of fifteen days following the expiration of such license, except such vehicle may be stored in a garage or otherwise screened from view from all other lots within the PUD and from all com- monly used roadways within the PUD. Recreation vehicles, such as camping vans or trailers, boats, skimobiles and other off- road devices shall be parked or stored out of sight from public rights-of-way. 12.0 MAINTENANCE OF PROPERTY. The owner of each lot shall keep the structures thereon in good repair, doing such main- tenance as may be required for this purpose. No noxious or offensive conduct or activity shall be carried on upon any lot or in any structure thereon which may constitute a health hazard, nuisance or annoyance to the neighborhood. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 13.0 DISCHARGE OF FIREARMS. There shall be no discharge of guns or firearms upon the PUD except for self defense or to otherwise protect one's self or property. 14.0 ARCHITECTURAL CONTROL COMMITTEE (ACC). 14.1 No improvements of any kind, including, but not limited to, dwellings (both single and multi -family), dri- ves, garages, tennis courts, swimming pools, fences, barns, and outbuildings may be constructed or altered on any lands within the PUD unless three (3) complete sets of architec- tural plans and specifications for such construction are submitted to the ACC prior to the commencement of such work. Required drawings shall include: a site plan depicting structures, yards, drives, fences, utilities, site drainage and landscaping; all floor plans and elevations of the structure(s); and a description of the exterior materials to be used. The ACC will notify all adjacent landowners of the time and place of their review of the drawings. All deci- sions of the ACC shall be in writing. One set of such plans and specifications shall remain on file and become a per- manent record of the ACC. In the event the ACC fails to take any action within thirty days after complete architec- tural plans and specifications for such work have been sub- mitted to it, then all of such plans and specifications shall be deemed to be approved. -11- 14.2 The ACC shall exercise its best judgment to see that all improvements, construction and alterations on the land within the PUD conform to and harmonize with the natural surroundings and with existing structures as to external design, materials, color, setting, height, topography, grade and finished ground elevation. 14.3 Plans and specifications submitted under Paragraph 14.1 hereof shall show the nature, kind, shape, height, materials, floor plans, location, exterior color scheme, alterations, grading and all other matters necessary for the ACC to properly consider and make a determination thereon. The ACC shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by these covenants. 14.4 Construction shall be completed within one year of issuance of the Building Permit. A Certificate of Occupancy must be obtained before actual occupancy. Clean up of the site must be complete by time of occupancy. Landscaping and repair of site construction scars must be complete within one year from the date of the issuance of the Certificate of Occupancy. 14.5 The ACC may grant a reasonable variance of adjustment of these conditions and restrictions, including modifications to a building envelope, in order to overcome -12- practical difficulties and prevent unnecessary hardships arising by reason of the application of restrictions con- tained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent of these restrictions. 14.6 The ACC shall not be liable in damages to any person or association submitting any architectural plans for approval or to any owner by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such architectural plans. Any owner submitting or causing to be submitted any plans and specifications to the ACC agrees and covenatns that he will not bring an action or suit to recover damages against the ACC collectively, its members individually, or its advisors or agents. 14.7 The initial members of the ACC shall be: Neal McAbee Steve Caple Dick Stilson 14.8 A majority of the ACC may designate a represen- tative to act for it. Should a member resign or become unable to act, the other members shall appoint a successor. Subsequent to the sale of all lots and tracts, one or more members may be replaced by written designation recorded in the Garfield County Clerk and Recorder's office showing approval by a majority of the owners. 15.0 TRACTS, ADDITIONAL COVENANTS. These Protective Covenants and the PUD Plat and Plan shall govern the use and occupation of the land in the PUD. Additional and further covenants, homeowners associations and other entities may be adopted and created as to any lot designed for multi -family or duplex use in the PUD; provided, however, such covenants or other internal governing documents shall be no less restrictive than these Protective Covenants. 16.0 COVENANTS RUN WITH THE LAND. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until ten years from the date these covenants are recorded, at which time said cove- natns shall be automatically extended for successive periods of ten (10) years unless by vote reflected by signed docu- ments duly recorded by the majority of then owners it is agreed to change said covenants in whole or in part. 17.0 AMENDMENT. The Protective Covenants may be amended by an instrument signed by not less than 75 percent (75%) of the owners of the lots and tracts in the PUD. Such amendments shall become effective upon the recordation thereof in Garfield County, Colorado. 18.0 SEVERABILITY. The invalidation of any one of these covenants by judgment or court order shall not effect any of the other provisions which shall remain in full force and effect. DATED this day of , 1982. By STATE OF COLORADO ss. County of ) LAZIER -SILLS PARTNERSHIP A Colorado General Partnership General Partner The foregoing instrument was acknowledged before me this day of , 1982, by General Partner, Lazier -Sills Partnership. WITNESS my hand and official seal. My Commission expires: Notary Public Address: EXHIBIT E 1 1 ERRA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ASK 2108 DESERT HILLS ROAD GRAND JUNCTION, COLORADO 81503 (303) 243-0058 ENGINEERING GEOLOGY —* GEOTECHNICAL ENGINEERING 4- SOILS ENGINEERING March 2, 1982 Mr. David Grounds Mountain Engineering 406 S. Hyland Sq., Suite A-1 Glenwood Springs, CO 81601 Dear Dave: As per your request, I have reviewed soils and geology on the proposed Canyon Creek development. The development is compatible with site geology as proposed. Attached is the summary report. I appreciated this opportunity to be of service. Let me know if you have additional needs. RKB:jtb Enclosure cc: File Sinc-.ely, obert K. Barrett Professional Geologist PASSIVE DEMOLITION 1 1 1 1 Introduction SOILS AND ENGINEERING GEOLOGY REPORT Canyon Creek Development I The proposed Canyon Creek Development is located in Garfield County near the confluence of Canyon Creek and the Colorado River. The development encompasses 81.83 acres with 32 multi -family and 28 I single-family residential units planned. The developer will provide water for all units and waste treatment for the multi -family units and the majority of the single-family lots. On-site waste treatment is planned for Lots 1, 2, 18, 19, 20, 21, and 30. IGeology 1 1 1 1 1 1 1 1 1 1 1 1 Bedrock underlying the proposed development consists of the Maroon Formation, a thick sequence of red sandstones, siltstones, shales, and arkoses. The bedrock dips steeply southward in this area. The sloping plain on which most of the development will occur is an old alluvial fan/pediment complex, consisting of deep silty, rock soils. The northern portion of the development is a dissected bedrock slope with acres of colluvial soils, also silty and rocky. Lots 1 and 2 in the southeast corner located along a Canyon Creek terrace are composed of stream deposited silt, sand, and gravel. Engineering Geology Geologic hazards were evaluated for this project and, except for Lots 18, 19, 20, 21, 22, and 30, nothing of significance was observed. Lots 18, 19, 20, 21, and 22 have never been irrigated and may be susceptible to hydrocompaction should the area become saturated. Irrigation should be prohibited on these lots and care should be exercised in final grading to assure that ponding does not occur adjacent to structures. Septic tanks are questionable here and prospective buyers should be advised that an engineered waste disposal system may be required. The gulleys cut into the steep hillside occasionally carry mudflows which could overrun the access road. Pipes should be sized accordingly. Portions of Lots 1 and 2 are in the Canyon Creek flood plain and, obviously, improvements should be kept onto higher areas of these lots. Portions of Lots 20 and 30 are in gullies that are subject to mudflows. Groundwater would be found along Canyon Creek and at depth in the bedrock beneath the upper portions of the development. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 - 2 - Foundations on the silty soils can be designed for a maximum bearing of about .75 tons per square foot. Based on the test pits (shown on the attached sheet) and based on observations in the cut banks along the access road, many of the structures will be founded on dense gravels. Bearing capacity on these soils would be in excess of 1.5 tons. Should the higher value be used, a qualified engineering geologist or soils engineer should observe the foundation excavation and verify presence of these gravels throughout the foundation area. Type II or V cement should be used in concrete structures in contact with the soils. Steel pipes, etc., should be galvanized. Robert K. Barrett Professional Geologist 1 1 1 1 1 Test Pit 1 0-3.5' 3.5-9.0' 9.0' Test Pit 2 LOG OF TEST PITS Silt, red, damp, marbled with "caliche" Gravel and silt, very dense, derived locally, rocks coated with "caliche" Stopped in same formation 0-4.0' Silt, red to buff, damp, marbled with "caliche" ' 4.0-5.0' Gravel and silt, dense, locally derived 5.0' "Caliche" layer, very hard 5.0' Refusal 1 1 1 1 1 1 1 1 1 1 1 1 1 Test Pit 3 0-4.0' 4.0-6.0' 6.0' Silt, red to buff, damp, marbled with "caliche" Gravel and silt, dense Stopped in same formation Test Pit 4 (Road Cut) 0-9.0' Silt and small flat gravel Test Pit 5 0-1.5' Silt, brown, damp 1.5-5.0' Gravel and silt, Canyon Creek origin, dense 5.0' Stopped in same formation EXHIBIT F •\ mountain engineering & land surveying co. p.o. box 14 gypsum, colorado 81637 524-9414 945-8356 406 s. hyland square, suite a-1 glenwood springs, colorado 81601 945-2045 ENGINEERING REPORT FOR THE PRELIMINARY PLAN APPLICATION TO THE CANYON CREEK ESTATES PLANNED UNIT DEVELOPMENT GARFIELD COUNTY, COLORADO PREPARED FOR THE LAZIER - SILLS PARTNERSHIP PREPARED BY MOUNTAIN ENGINEERING & LAND SURVEYING CO. 406 S. Hyland Sq., Suite A-1 Glenwood Springs, CO 81601 (303) 945-2045 By: U. 6L+ --Q David W. Grounds P.E. #11260 Date: July 26, 1982 OF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ENGINEERING REPORT FOR CANYON CREEK ESTATES PLANNED UNIT DEVELOPMENT Access and Roads Vehicular access to the project is provided by Interstate 70 via the Canyon Creek Interchange. U.S. Highway 6 provides the connection from Shelljo Drive, the project's collector road, to the Interchange. Turn lanes at the intersection of Shelljo Drive and U.S. Highway 6 will not be required. (See attached letter from the Colorado Division of Highways.) Interior roads will meet all Garfield County standards with twelve - foot chip seal lanes and ten -foot shoulder and ditch sections. Horizon- tal alignment makes use of curves with radii of 150 feet or greater. No grades exceed 8%. The maximum design hour volume (DHV) for the interior roads is 66 vehicles. Based on this traffic volume and preliminary soils investi- gations, approximately four inches of base course and ten inches of pit run is the estimated requirement. After the subgrades of the roads are constructed, a final soil profile will be taken in order to more clearly define "as constructed" stabilization requirements. Domestic Water Supply and Distribution Domestic water and fire protection will be provided by a central well and storage system. The approximate locations of the well and storage tank(s) has been indicated on the Domestic Water Plan drawing. A storage capacity of 50,000 gallons will be provided. Six-inch mains will be installed throughout the subdivision. Pressure varies from 20 to 100 pounds per square inch. As noted on the plans, single-family Lots 43, 44 and 45 will require pressure - reducing valves. The 50,000 gallon water storage capacity allows for 30,000 gallons to meet fire demand requirements and 20,000 gallons for daily domestic use. It is anticipated the only treatment that the water will require is chlorination. This will be accomplished by a liquid chlorinator. Fire hydrant spacing is according to County standards and as approved by the Glenwood Springs Rural Fire District. Wastewater Treatment and Collection Sanitation facilities will be provided for the large majority of the development by a package treatment plant. A meeting has been con- ducted with the State Health Department District Engineer, John Blair, and there are several treatment plan options available. Although the selection of the specific plan has not been made yet, a Bio -Disk plant appears to be the most probable choice. No polishing or evaporation pond will be required. Discharge will be into Canyon Creek. The plant site has been selected to be near Lot 1 and essentially out of sight of both area and project residents. (See Sewage Disposal Plan.) The plant will be located outside the 100 -year flood plain and be landscape screened from view by passersby. Six lots will require individual septic systems. (Lots 14, 21, 22, 43, 44 and 45.) Leachfields will probably be satisfactory for these lots, however, and engineer -designed system will be required at the time of construction. Site Drainage Runoff within the development is very minimal as all drainage areas are small. Culverts are designed for all natural drainages and low points in roadway grades. All culverts profide the needed capacity for 100 - year rainfall. (See Drainage Plan.) The 100 -year discharge is indicated at each culvert location. Drainage calculations are based on the Soil Conservation Service Manual, "Procedures for Determining Peak Flows in Colorado," March, 1977. Canyon Creek is the only active drainage within the development and poses no limitation on building location. The 100 -year flow for Canyon Creek is approximately 3200 cubic feet per second. Because of the natural vegetation and distance of the major portion of the development from Canyon Creek, settling basins are generally not required. However, if they are needed on a site-specific basis, they will be designed and constructed as required. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Development Impact Review 736 COLORADO STATE DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAYS September 11, 1981 Mr. David W. Grounds, President Mountain Engineering & Land Surveying Company 406 South Hyland Square, Suite A-1 Glenwood Springs, CO 81601 RE: CANYON CREEK P.U.D. -- ACCESS REQUIREMENTS Dear Mr. Grounds: The channelization requirements for the referenced development outlined in our letter of July 30, 1981 will not be requireed because the I-70 North Frontage Road terminates just east of your proposed access point. Instead, we feel that a simple two-way driveway 25 to 35 feet wide with an 18 -inch cross drain and access approach radii of at least 20 feet would be an acceptable variance from the stated requirements of the Access_ Code. Please contact Milt Cass, Senior Highway Foreman in Glenwood Springs (telephone 945-7441), for your permit application and variance forms. EG/jme cc: Prosence Campbell Span1cek Cass File Very truly yours, R. A. PROSENCE DISTRICT ENGINEER gPeWelituAicii- By ED GEBHARDT DISTRICT TRANSPORTATION PLANNER P.O. Box 2107 GRAND JUNCTION, CO 81502 (303) 242-2862 EXHIBIT G LEAVENWORTH, PATRICK & LOCHHEAD, P. C. ATTORNEYS AT LAW LOYAL E.LEAVENWORTH KEVIN L. PATRICK JAMES S. LOCHHEAD BRUCE D. RAY Peter A. Milwid July 16, 1982 The Lazier -Sills Partnership c/o Mr. Jimmy M. Sills P. O. Box 981 Glenwood Springs, CO 81602 FILE COPY 1011 GRAND AVENUE P 0. DRAWER 2030 GLENWOOD SPRINGS. COLORADO 81601 TELEPHONE: (303) 945-2261 Re: Preliminary Plan Submission for the Canyon Creek Estates, Garfield County, Colorado Dear Mr. Sills: Pursuant to your request, I am writing to outline the status of the legal and physical water supply development for the Canyon Creek Estates. Physically, water will be obtained from a well located at the lower end of the property. This well will provide water service to all lots within the development. I have enclosed the original of an engineering report from Woodward -Clyde Consul- tants which expresses the opinion that, based upon completion reports for other wells in the area, there is an excellent probability that a well can be constructed which will yield water of sufficient capacity to satisfy the ultimate needs of Canyon Creek Estates. The legal water supply will operate under a decreed plan for augmentation which will incorporate water service to all residential units, the irrigation of common open space, and water service to a central equestrian/community center. To provide an adequate legal supply of water, we have undertaken negotiations with the West Divide Water Conservancy District for a water allotment contract pursuant to C.R.S 1973, Section 37-45-131. Under the terms of this allotment contract, the District would obtain from the Colorado River Water Conser- vation District the right to allot to Canyon Creek Estates a direct flow water right with a 1958 decree date sufficient to provide for the direct flow needs of the development. At such time as this decree is out of priority, the District will cause to be released up to 13.25 acre-feet of water per year from Ruedi Reservoir or from such other storage facility as the District might construct. As you know, the West Divide District has obtained a contract with the Bureau of Reclamation for long-term water service from Ruedi Reservoir. This contract provides for the release of up to 100 acre-feet of water per 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LEAVENWORTH, PATRICK & LOCHHEAD, P. C. The Lazier -Sills Partnership July 16, 1982 Page 2 year from Ruedi Reservoir on demand from the District. The allocation of water from the District for your development will be made from this contract. These releases, and the operation of the direct flow right, would be subject to the terms and conditions of the allotment contract and of a plan for augmenta- tion which has been filed in the Water Court for Water Division No. 5. Although we have not yet secured a water allotment contract from the West Divide District, I have enclosed a copy of the contract which we propose. The Board of Directors of the West Divide District has passed a resolution adopting this as a form allotment contract, and has established criteria for the allotment of direct flow and Ruedi water. It is our understand- ing that, based upon this criteria, the Lazier -Sills Partner- ship will receive an allotment of water from the District. If a contract is executed, I believe it will be pursuant to terms substantially similar to those included in the enclosed pro- posed draft. In the alternative, in the event we are unable to obtain a direct flow decree for a 1958 water right from the Colorado River Water Conservation District, through the West Divide District, we have applied to the Water Court for a water right for the well so it may operate under a 1982 priority. In this event, the District will cause to be released up to 18 acre- feet of water per year out of Ruedi Reservoir or another storage facility to replace the year-round out -of -priority depletions by the development under a decreed plan for augmentation. I have enclosed a copy of the plan for augmentation filed in the Water Court by this firm which outlines the proposed legal water supply for the PUD in greater detail. Also enclosed is the engineering report prepared by Woodward -Clyde Consul- tants which provides the basis for the augmentation plan. You will note that this plan provides for the year-round augmenta- tion of the direct flow water right at such times as this water right is out of priority. The water and sewer systems will be constructed by the Lazier -Sills Partnership prior to the marketing of any lots within the PUD. However, these systems will be conveyed to and owned and operated by the Homeowners Association which will be established through the protective covenants of the subdivi- sion. Additionally, all water rights, plans for augmentation, and allotment contracts owned by Lazier -Sills for use in the Canyon Creek PUD will be conveyed or assigned to the Homeowners Association for operation of the system. This entity will be 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LEAVENWORTH, PATRICK & LOCHHEAD, P. C. The Lazier -Sills Partnership July 16, 1982 Page 3 financed through assessments, which assessments will be enforced through liens on each of the lots within the subdivi- sion in accordance with the bylaws and rules and regulations of the Homeowners Association. If you have any questions or need any further information, please do not hesitate to give me a call. Very truly yours, LEAVENWORTH, PATRICK & LOCHHEAD, P.C. JSL: jas Encs. cc w/o encs: Dean K. Moffatt Duane D. Helton Jam S !'ochhead 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2909 West 7th Avenue P 0 Box 4036 Denver Colorado 80204 303-573-7882 March 11, 1982 Leavenworth, Patrick & Lochhead, P.C. P. 0. Drawer 2030 Glenwood Springs, Colorado 81601 Woodward -Clyde Consultants Attention: Loyal E. Leavenworth, Esq. Re: Hydrologic Services, Sills Canyon Creek Subdivision, Garfield County, Colorado. Job No. 20364 Gentlemen: As requested, we are submitting this letter concerning the potential of developing a well or wells to supply water for the Sills Canyon Creek Subdivision. We understand the well or wells will be located on Sills'property in Section 36, T.5S., R.90W., 6th P.M. and will take water from the Colord River alluvium. We understand also that the subdivision's maximum day water demand will be about 90 gallons per minute. We have reviewed completion reports for other wells in the area on file in the Colorado State Engineer's office. Based on this review and on our general knowledge of the Colorado River alluvium, we believe there is an excellent probability that a well or wells can be constructed to fully satisfy the water demands at the Sills Canyon Creek Subdivision. Please give us a call if you have any questions. urs truly, 0. ohn C. Halepaska Associate and Chief, Water Resources Division DDH:psg - (1 copy sent) cc: For distribution, see page 2. Consulting Engineers. Geologists and Environmental Scientists Offices in Other Principal Cities Woodward -Clyde Consultants Leavenworth, Patrick & Lochhead, P.C. March 11, 1982 Page 2 1 cc: Sun Designs Architects 1315 Grand Avenue Glenwood Springs, Colorado 81601 Attention: Mr. Dean Moffat 1 cc: Sills Mining and Land Development Corporation 315 Grand Avenue Glenwood Springs, Colorado 81601 Attention: Mr. Jim Sills Harlequin Plaza - North 7600 East Orchard Road Englewood, Colorado 80111 303/694/2770 July 19, 1982 Woodward -Clyde Consultants Leavenworth, Patrick & Lochhead, P.C. P.O. Drawer 2030 Glenwood Springs, Colorado 81601 Attention: James S. Lochhead, Esq. Re: Hydrologic Services, Sills Canyon Creek Subdivision in Garfield County, Colorado. Job No. 20815-20364 Gentlemen: This letter report presents the results of our hydrologic investigation for the Sills Canyon Creek Subdivision in Garfield County, Colorado. Our objectives included assessing the water requirements and water consumption that can be expected to result from the development of the subdivision, estimating the water that would be available to water rights for the subdivision, estimating the augmentation requirements, and recommending provisions for possible inclusion in an augmentation plan. This report is based on subdivision data that were revised since our May 14, 1982 report and, therefore, supercedes that report. SILLS CANYON CREEK SUBDIVISION The Sills Canyon Creek property consists of about 75 acres generally known as Wolverton Mesa, which is located near the confluence of Canyon Creek with the Colorado River about 8 miles west miles of Glenwood Springs, Colorado. This property will be developed into dwelling units for about 69 families, including 28 single-family units and 41 multi -family units. Lawn areas in the subdivision will average about 3,000 square feet on the single family and 15 two-family lots, 5,000 square feet on the four -family lot, and 9,000 square feet on the seven -family lot. The subdivision also will include about 4.6 acres of irrigated common open space. This total irrigated lawn area equals about 7.9 acres. A community center with about 2,000 square feet of building area will include a kitchen and two bath- rooms. The equestrian center will stable about 17 horses. We also under- stand that due to their proximity, two existing houses may be included within the subdivision's water distribution system and augmentation plan. We have estimated the water demands and water consumption for the subdivision based on the following criteria: Consulting Engineers, Geologists and Environmental Scientists Offices in Other Principal Cities Woodward -Clyde Consultants Leavenworth, Patrick & Lochhead, P.C. July 19, 1982 Page 2 (1) The single family dwelling units will house an average of 3.5 people, whereas the multi -family dwelling units will house an average of 3.0 people. (2) The demands for water to be used in-house will average about 100 gallons per capita per day. (3) As the percentage of the in-house demand, the consumption will average about 10 percent for the 2 single-family units with septic and leach field systems, 100 percent for the 4 single- family units with evaporative disposal systems, and 5 percent for the remaining units, which will be served by the centralized sewage treatment system. (4) Based on the Blaney-Criddle method, the consumptive use resulting from the irrigation of lawns will average about 1.67 acre-feet per acre during an irrigation season extending from about May 1 through mid-October. (5) Each horse will consume approximately 12 gallons per day and the community center will be the equivalent of 1 single-family dwelling unit. Based on these criteria, the total water demand within the subdivision will average about 42.9 acre-feet per year at full build -out. The annual depletions associated with the subdivision will average about 16.2 acre- feet per year, broken down into about 2.8 acre-feet for in-house water use, about 13.2 acre-feet for the irrigation of lawn and common areas, and about 0.2 acre-feet for the equestrian and community center. Monthly demands, depletions, and depletion/demand ratios are shown in Table 1. Water Rights and Water Supply The water supply for the proposed subdivision will be obtained from one or more wells constructed in the Colorado River alluvium. It is our under- standing an augmentation plan will be developed involving water and water rights purchased or leased from the West Divide Water Conservancy District. Two alternative augmentation plans are being considered. Either of these augmentation plans should enable you to divert a water supply sufficient for the Sills Canyon Creek Subdivision. Under the first alternative for augmentation, the lease or purchase from the West Divide Water Conservancy District would include a portion of West Divide's direct flow priorities and a portion of West Divide's allotment of Ruedi Reservoir water. The well or wells for the Sills Canyon Creek Woodward•Clyde Consultants Leavenworth, Patrick & Lochhead, P.C. July 19, 1982 Page 3 Subdivision would be adjudicated as alternate points of diversion for 0.2 cfs of the Avalanche Canal's priority which has an appropriation date of April 22, 1957, an adjudication date of June 20, 1958 and a basin rank of 4502. The Avalanche Canal decree is in the name of the Colorado River Water Conservation District and assignment of the water right would be dependent on their consent. Until such time as the 0.2 cfs is conveyed to the developer, West Divide would allot 18.0 acre-feet per year of Ruedi Reservoir storage water to augment their out -of -priority depletions. After conveyance of the direct flow right to the developer, the Ruedi Reservoir storage water will be reduced to 13.2 acre-feet per year. Due to the senior water rights downstream on the Colorado River, we estimate the Avalanche Canal water right could be out -of -priority during a dry year, such as 1977, in April and from mid-June through October. The depletion that would occur at the subdivision during this period would be about 11.7 acre-feet, broken down into about 1.3 acre-feet for in-house water use, 10.3 acre-feet from irrigating lawns and common space, and about 0.1 acre-foot at the equestrian and community center. The depletions during these times would be augmentated by storage releases from Ruedi Reservoir. Under the second alternative augmentation plan, a 1982 priority would be obtained for the Sills well or wells. Similarly, the depletions during times when water is not available to this priority would be augmentated by releases from Ruedi Reservoir. Due to downstream senior irrigation and industrial water rights, we feel this alternative augmentation plan should include the capability to augment the full volume of the annual depletions, amounting to about 16.2 acre-feet per year. Either augmentation plan should include sufficient Ruedi Reservoir water to allow for transit losses in the Fryingpan, Roaring Fork, and Colorado Rivers between Ruedi Reservoir and Canyon Creek. The Division Engineer probably will assess a 10 percent transit loss for Ruedi Reservoir deliveries made under water service contracts. Under dry year conditions, such as those incurred during 1977, storage releases required from Ruedi Reservoir would be about 13.0 and 18.0 acre-feet per year under the first and second alternative augmentation plans, respectively. Water Service Outside of the Subdivision Due to their proximity to the subdivision, two existing single-family housing units may be included in the subdivision's water distribution system and augmentation plan. To estimate the water demands and depletions for the 2 units we used the same unit demands and depletions as used for the single family units within the subdivision with septic leach field systems. To keep the depletions within the volume of the augmentation Woodward•Clyde Consultants Leavenworth, Patrick & Lochhead, P.C. July 19, 1982 Page 4 supplies to be obtained from West Divide, the common irrigated area was reduced to 4.4 acres. The average annual water demand associated with the two additional units was estimated to be 1.1 acre-feet per year. The annual depletions would average about 0.3 acre-foot per year, broken down into about 0.1 acre-foot per year for in-house water use and about 0.2 acre-foot per year for lawn irrigation. The monthly demands, depletions and depletion/demand ratios for the subdivision and the two existing housing units are shown in Table 2. During a dry year such as 1977, the out -of -priority depletions associated with use of the Avalanche Canal priority would be about 11.6 acre-feet, broken down into about 1.3 acre-feet for in-house water use, 10.2 acre-feet from irrigating lawn and common space, and about 0.1 acre-foot at the equestrian and community center. Under the second alternative plan, the entire annual depletion of about 16.1 acre-feet would be augmented by Ruedi Reservoir releases. During a dry year such as that incurred in 1977, storage releases required from Ruedi Reservoir would be about 12.9 and 17.9 acre-feet per year, including transit losses, under the first and second alternative augmentation plans, respectively. CONCLUSIONS (1) The total annual water demand and depletion that can be expected to occur as a result of the water use in the Sills Canyon Creek Subdivision should average about 42.9 and 16.2 acre-feet per year, respectively. (2) A plan to augment the water uses at the Sills Canyon Creek Subdivision will involve establishing the Sills well or wells as alternate points of diversion for a portion of the water rights decreed to the Avalanche Canal. During times when water is not available to this priority, we estimate that during a dry year about 13.0 acre-feet would be required for such release from Ruedi Reservoir. (3) An alternative augmentation plan would involve obtaining an original 1982 priority for the Sills well or wells. We estimate that during a dry year about 18.0 acre-feet would be required for release from Ruedi Reservoir. (4) If the 2 existing houses are included in the augmentation plan, the subdivision's total annual depletion would average about 16.1 acre- feet per year. Utilizing the Sills wells as alternate diversions of Woodward -Clyde Consultants Leavenworth, Patrick & Lochhead, P.C. July 19, 1982 Page 5 the Avalanche Canal, about 12.9 acre-feet would be required for release from Ruedi Reservoir to augment the out -of -priority depletions in dry years. Under the alternative plan, about 17.9 acre-feet per year would be required for release from Ruedi Reservoir. RECOMMENDATIONS (1) Until other Ruedi Reservoir water service contracts are effective and demands on Ruedi Reservoir increase, we recommend that releases from Ruedi Reservoir be made monthly based on the preceeding months out -of - priority consumption. Of course, the actual operation of the augmentation plan must be approved by the Division Engineer. If you have any questions, please call. Yours truly, • Duane D. Helton Chief, Water Rights Group REV:RJI TAW:cc (2 copies sent) Enclosure Woodward -Clyde Consultants TABLE 1 SILLS CANYON CREEK SUBDIVISION WATER REQUIREMENTS1) Demand Depletion Depletion/ Month ac -ft ac -ft Demand Ratio Jan 2.11 .25 0.12 Feb 2.11 .25 0.12 Mar 2.11 .25 0.12 Apr 2.11 .25 0.12 May 4.12 1.76 0.43 June 5.67 2.92 0.51 July 7.20 4.07 0.57 Aug 6.48 3.53 0.54 Sept 4.39 1.96 0.45 Oct 2.37 0.44 0.19 Nov 2.11 .25 0.12 Dec 2.11 .25 0.12 Total 42.89 16.18 1) Water demands and depletions are based upon: 28 single-family units 41 multi -family units 3.3 acres irrigated lawn 4.6 acres irrigated common area Community and equestrian center - 17 horses Job No. 20815-20364 Woodward -Clyde Consultants TABLE 2 SILLS CANYON CREEK SUBE9yISION WATER REQUIREMENTS )) Demand Depletion Month ac -ft ac -ft Jan 2.18 0.26 Feb 2.18 0.26 Mar 2.18 0.26 Apr 2.18 0.26 May 4.16 1.75 June 5.69 2.89 July 7.21 4.03 Aug 6.49 3.49 Sept 4.43 1.95 Oct 2.44 0.46 Nov 2.18 0.26 Dec 2.18 0.26 Total 43.50 16.13 ISM 1) Water demands and depletions are based upon: 30 single-family units 41 multi -family units 3.4 acres irrigated lawn 4.4 acres irrigated common area Community and equestrian center - 17 horses Job No. 20815-20364 Depletion/ Demand Ratio 0.12 0.12 0.12 0.12 0.42 0.51 0.56 0.54 0.44 0.19 0.12 0.12 DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 82CW182 APPLICATION FOR WATER RIGHTS, CHANGE OF WATER RIGHTS, AND FOR APPROVAL OF PLAN FOR AUGMENTATION CONCERNING THE APPLICATION FOR WATER RIGHTS OF: THE LAZIER/SILLS PARTNERSHIP, in Pitkin, Eagle, and Garfield Counties, Colorado. COMES NOW, the Applicant, the Lazier/Sills Partnership, by and through its attorneys, Leavenworth, Patrick & Lochhead, P.C., and respectfully requests the Court approve its Application for Water Rights, Change of Water Rights, and for Approval of Plan for Augmentation, and as grounds therefor sub- mits the following: 1. Name and address of Applicant: Lazier/Sills Partnership c/o Leavenworth, Patrick & Lochhead, P.C. 1011 Grand Avenue P. 0. Drawer 2030 Glenwood Springs, CO 81602 Phone (303) 945-2261 APPLICATION FOR WATER RIGHTS 1. Name of well and registration number: Canyon Creek Well No. 1; the Well Permit for this well is being submitted to the State Engineer's Office concurrently with this application. 2. Legal description of well: A well located in the E1/2 of the NW1/4 of Section 36, Township 5 South, Range 90 West, 6th Principal Meridian whence the N1/4 Corner of said Section 36 bears North 30°23'26" East, 1288.97 feet. 3. Source: groundwater tributary to the..Colorado River. A. Depth: 100 feet. 4. A. Date of appropriation: January 31, 1981. B. Date water applied to beneficial use: n/a. C. How appropriation was initiated: by field investigation and by the intent to apply water to the beneficial uses set forth herein. 5. Amount claimed in g.p.m.: 100 g.p.m. conditional. 6. Use or proposed use: irrigation, domestic, commercial, stock watering, fire protection, aesthetics, fish and wildlife propagation, storage for subsequent application to benefi- cial use, and all other beneficial uses. 7. Legal description and acreage of land irrigated: Not more than 7.9 acres of land located within and near Canyon Creek Estates, located in and near Sections 25 and 36, Township 5 South, Range 90 West of the 6th P.M. APPLICATION FOR CHANGE OF WATER RIGHTS 1. Name of structure: Avalanche Canal and Syphon. 2. From previous decree: A. Date entered: June 20, 1958, Case No. 4613, in the District Court in and for the County of Garfield and State of Colorado. B. Point of diversion: (1) Headgate No. 1 being the initial point of diver- sion of said Avalanche Canal and Syphon is located on the right bank of the Crystal River at a point whence the witnessed corner of the Southwest Corner of Section 9, Township 10 South, Range 88 West of the 6th P.M. bears North 3°9" West 546 feet. Said point is located 4730 feet from the North Section line and 50 feet from the West Section line of said Section 9 and is located in the Southwest Quarter of the Southwest Quarter of said Section in Pitkin County. (2) Headgate No. 2 being the second point of diversion of said Avalanche Canal and Syphon is located on -2- the right bank of Avalanch Creek at a point whence the West Quarter Corner of Section 28, Township 9 South, Range 88 West of the 6th P.M. bears North 67°15" West a distance of 4,538.1 feet. Said point is located 4570 feet from the North Section line and 4200 feet from the West Section line of Section 28, Township 9 South, Range 88 West of the 6th P.M. and is located in the Southeast Quarter of the Southeast Quarter of said Section in Pitkin County, Colorado. C. Source: Avalanche Creek and the Crystal River. D. Appropriation date: April 22, 1957. E. Amount: 830 c.f.s. designated for diversion to the Four Mile Canal. F. Use: generation of electric energy, domestic and muni- cipal purposes, industrial purposes including but not limited to the production of oil from shale, irrigation purposes, and stock watering purposes. 4. Proposed change: the Applicant proposes additional alter- nate points of diversion for .2 c.f.s. to be diverted at the point of diversion of the Lazier/Sills Well No. 1. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 1. Name of structure to be augmented: Canyon Creek Well No. 1 as set forth above. 2. Describe water rights to be used for augmentation: Ruedi Reservoir as decreed in Civil Action No. 789 in the District Court in and for Garfield County, State of Colorado, on June 20, 1958, for 102,369 acre-feet for irrigation, munici pal, industrial, domestic, generation of electric energy, stock watering, and piscatorial uses with an appropriation date of July 29, 1957. Said reservoir is located in and near Sections 7-9, 11, 14-18, Township 8 South, Range 84 West of the 6th P.M. The reservoir was constructed as a feature of the Fryingpan-Arkansas Project as authorized by the Act of August 16, 1962 (76 Stat. 389), as amended by the Act of October 27, 1974 (88 Stat. 1486) and the Act of November 3, 1978 (92 Stat. 2493) in substantial accordance with House Document No. 187, 83rd Congress, First Session, as modified by House Document No. 353, 86th Congress, Second Session, subject to Operating Principles for the Fryingpan-Arkinsas Project as set forth in House Document No. 130, 87th Congress, First Session. -3- 3. Statement of Plan for Augmentation covering all applicable matters under C.R.S. 1973, Section 37-92-103(9), 302(1), and 305(8): A. The Applicant proposes a residential subdivision located on approximately 75 acres, generally known as Wolverton Mesa, located near the confluence of Canyon Creek with the Colorado River about 8 miles west of Glenwood Springs, Colorado, and located within portions of Sections 25 and 36, Township 5 South, Range 90 West of the 6th P.M. This property is being developed into dwelling units for about sixty families consisting of 28 single-family units; 30 duplex dwelling units, and 11 multi -family dwelling units. Appropriate deed restrictions will restrict lawn and garden irrigation to 3,000 square feet per dwelling unit on each of the single-family lots, 1,500 square feet per unit on each of the duplex lots, and 1,300 square feet per dwelling unit on each of the two multi -family lots. Addi- tionally, up to 4.6 acres of common open space may be irrigated, for a total irrigation requirement of not more than 7.9 acres. The Applicant also proposes an equestrian and community center with approximately 2,000 square feet of building area and two toilets and provisions for the keeping of up to 17 horses. Consumptive use criteria are based on the following assumptions: (1) The single-family and duplex dwelling units will contain an average of 3.5 people per unit. The multi -family dwelling units will contain an average of of 3.0 people per unit. (2) In-house water demands will average about 100 gallons per capita per day. (3) Two single-family units will be on septic tank and leach field systems and consumptive use will average 10 percent of in-house demand for these units. (4) Four single-family units will be on evaporative disposal systems and consumptive use will be 100 percent of the in-house demand. (5) All remaining units will be serviced by a central- ized sewage treatment system and consumptive use will average 5 percent for the total in-house demand. -4- (6) Based on a Blaney/Criddle computation, the con- sumptive use resulting from the irrigation of lawns will average 1.67 acre-feet per acre during the irrigation season, extending from May 1 through October 15. (7) Each horse will consume 12 gallons per day and the community center will consume the equivalent of one single-family dwelling unit. Based on the above -referenced criteria, the total water demand in the subdivision will average 41 acre-feet per year. The annual depletion associated with this sub- division will average 16.2 acre-feet per year. B. In addition to the above, the Applicant may provide water service to two single-family houses located out- side the proposed development, from the Canyon Creek Well No. 1 and the central water supply system. These houses are serviced by septic tank and leach field sewage disposal systems, and will be limited to not more than 3,000 square feet of irrigated lawns and gar- dens per house. If and at such time as water service is provided to these houses, the common irrigated open space within the development shall be reduced to 4.4 acres, in order that the timing and quantity of deple- tions under the central water system are not altered. C. The Applicant is negotiating with the West Divide Water Conservancy District for a water allotment contract pursuant to C.R.S. 1973, Section 37-45-131. Under the proposed terms of the allotment contract, the West Divide Water Conservancy District will allot 0.2 cubic feet of water per second of time from the District's direct flow water right as decreed to the Avalanche Canal and Syphon, for use when the Applicant's 1982 underground water right as applied for herein to the Canyon Creek Well No. 1 is out of priority. When this direct flow water right is not in priority, the District will be obligated to release for the Applicant up to 13.2 acre-feet per year of storage water owned or controlled by the District in order to replace out -of - priority consumptive use under the proposed development as set forth above. The West Divide Water Conservancy District has executed a contract with the United States Department of Interior Bureau of Reclamation which pro- vides for the long-term lease of water from Ruedi Reservoir by the United States to the District. Pursuant to the terms of the allotment contract, the District will exercise its rights to cause releases of water from Ruedi Reservoir under its contract with the -5- United States at such times as°' the above-mentioned direct flow rights are out of priority and in such amount as is necessary to replace out -of -priority con- sumptive use under the proposed development. Applicant's engineers have calculated that, in a dry year the above -referenced direct flow water rights will be out of priority in April and from June 15 through October 31. The requirement for a release of 13.2 acre- feet represents the total consumptive use for the pro- posed development during this period and includes a 10 percent allowance for transit losses between Ruedi Reservoir and the confluence of Canyon Creek and the Colorado River. D. The direct flow decrees of the West Divide Water Conservancy District are held in the name of the Colorado River Water Conservation District, and the ability of the West Divide Water Conservancy District to allot a direct flow decree to the Applicant may be dependant on the consent of the Colorado River Water Conservation District. In the event such consent is not forthcoming, the proposed allotment contract provides that the Applicant's development will obtain its water supply solely through the 1982 water right adjudicated to the Canyon Creek Well No. 1 as set forth above. In such event, the West Divide Water Conservancy District will be obligated to cause up to 18.0 acre-feet of water per year from Ruedi Reservoir to be released pur- suant to its contract with the United States. This figure represents the total year-round depletion asso- ciated with the proposed development and includes a 10 percent allowance for transit losses between Ruedi Reservoir and the confluence of Canyon Creek and the Colorado River. Water will be released by the United States Department of Interior Bureau of Reclamation on a year-round basis at the direction of the Division Engineer. E. The proposed allotment contract further provides that the West Divide Water Conservancy District may cause releases of water from storage to be made from other facilities which the District may construct or obtain so long as the water service to the Applicant is not impaired by said action. The Applicant requests appro- val of the substitution of storage by the West Divide Water Conservancy District pursuant to the terms of said contract so long as the District is able to cause releases of water to be made to the Colorado River at its confluence with Canyon Creek at the same times and in the same quantities as water was theretofore made available by releases from Ruedi Reservoir. -6- F. The Applicant will supply a schedule of water require- ments, depletions, and required water releases to the West Divide Water Conservancy District and to the Division Engineer so that water may be released from Ruedi Reservoir or such other sources as the District may construct at the time and in the manner as deter- mined by the Division Engineer in order to replace otherwise out -of -priority depletions by the proposed development and in order to prevent injury to other vested water rights. G. The Applicant requests the Court order the Office of the State Engineer to issue a well permit for the Canyon Creek Well No. 1 pursuant to the terms of this Plan for Augmentation. WHEREFORE, the Applicant respectfully requests the Court enter a decree providing as follows: 1. That a decree is issued for a water right to the Canyon Creek Well No. 1 as applied for herein. 2. That decrees an alternate point of diversion for the Avalanche Canal and Syphon water right to the Canyon Creek Well No. 1 as applied for herein. 3. That approves the Plan for Agumentation as applied for herein. 4. That orders the Office of the State Engineer to issue a well permit for the Canyon Creek Well No. 1, subject to the terms of the plan for augmentation set forth herein. Respectfully submitted this 21st day of July, 1982. By LEAVENWORTH, PATRICK & LOCHHEAD, P.C. Attorneys for Applicant Jam -s Lochhead,T 011 Gr.nd Avenue . O. D awer 2030 Springs, CO 81602 Phone (303) 945-2261 Attorney Registration No. 9065 Name and address of Applicant: Lazier/Sills Partnership c/o Jimmy M. Sills P. O. Box 981 Glenwood Springs, CO 81602 STATE OF COLORADO ss. County of Jimmy M. Sills, being first duly sworn, upon oath, deposes and says that he has read the foregoing Application for Water Rights, Change of Water Rights, and for Approval of Plan for Augmentation, knows the contents thereof, and that the same are true to the best of his knowledge and belief. Subscribed and sworn , 1982. My Commission expires: CF CO‘" efore me this (9/31- day of Notary Public Address: f?0. 1R4.,,,,T,z20.30 ,ru.cr�ed 67 6d a APPENDIX 1 Appendix 1 X551 -Chilton channery loam, 6 to 12 percent slopes. This deep, well drained, rolling soil is on alluvial fans and valley sideslopes. It formed in alluvium from redbed shale and sandstone. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F., and the average frost -free period is about 120 days. Typically, the surface layer is reddish brown channery loam about 13 inches thick. The subsurface layer is reddish brown channery sandy loam about 10 inches thick. The underlying layer is pinkish very cobbly sandy loam or loamy sand that extends to a depth of more than 60 inches. Included with this soil in mapping and making up 10 to 15 percent of the unit are small areas of Begay and Morval soils. The Begay soil is on 6 to 12 percent slopes. The Morval soil occupies the higher lying areas of the unit on 3 to 12 percent slopes. Permeability of the Chilton soil is moderately rapid. Effective rooting depth is 30 to 40 inches. Available water capacity is low. Surface runoff is slow and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and livestock grazing. The native vegetation on this soil is mainly bluebunch wheatgrass, western wheatgrass, needleandthread, and big sagebrush. When the range condition deteriorates, forbs and woody shrubs increase. When the ranee is in poor condition, undesirable weeds and annual plants are numerous. Proper gra!Ai ng manaomrent maintains and r• at'"�rni"'� r 1—1tppendix 1 X55D-Chilton channery loam 2 improves range condition. A reduction in brush improves deteriorated range sites. Seeding is a good practice if the range is in poor condition. Suitable plants for seeding are crested wheatgrass, western wheatgrass, and Russian wildrye. For successful seedings, a good practice is to prepare a seedbed and drill the seed. Wildlife using this soil for habitat include mule deer, cotton- tail rabbit, squirrel, and wild turkey. This soil is subject to occasional flooding during heavy rainfall or snow melt runoff. It is easily eroded. The main factors limiting community development are cutbanks caving, susceptibility to and stoniness. Capability subclass VIe. ; ) i'U, piping, Appendix 1 Map Unit No. X55D SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater tha� 3 inches) Salinity (ECx10 @ 25°C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) M More thab 60 inches Channery loam Gravelly loam, very gravelly loam SM, GM -GC, GC : Moderately rapid . 5-10 .7.9-8.4 Low Low • None B : Moderate Low Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements WO basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION Slope _ S Slope, seepage, small stones S S S Seepage, small stones Seepage Cutbanks cave, small stones : M Slope M Slope M Slope, low strength Poor Small stones, seepage Fair Low strength Unsuited lJnnui tod Poor Soon] oto.neu, ;dope, arca reclaim _ T .- �.d�Jc�'a�6'-��iJ�_3'.'�iq"... . '"7aTW_.... 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Appendix 1 r4/1.,-' - I ' e l X29EF-Ar=eri-Rock outcrop complex, 12 to 65 percent slopes. These strongly sloping to steep soils are ori mountainsides and sloping alluvial fans. They formed in redbed shales and sandstone alluvium. Elevation ranges from 5,500 to 7,500 feet. The avcr•ae annual precip- itation is about -.11, inch s, the aver:tt;': :r•,rr,rr:rl r• Li•hlpi•r;,t„11•i 1.:. :Iihuut, 42 degrees F., and the average frost -free period is about 100 days. The Arle soil makes up about 45 percent of. the rnapp i m; unit, An:sari about 35 percent, and Rock outcrop about 20 percent. The Arle soil is moderately deep and well drained. Typically, the surface layer of the Arle soil is reddish brown very stony loan about 10 inches thick. The underlying layers consist of reddish brown very stony loam about 22 inches thick. Soft reddish brown sandstone and shale are found at about 32 incises. Permeability of the Arle soil is moderate. Effective rootint; depth is about 30 inches. Available water capacity is low. Surface runoff is medium and the erosion hazard is high. The Ansari -soil is shallow and well drained. Typically, the surface layer of the Ansari soil i.s reddish brown loam about 10 inches thick. The substratum is reddish brown stony loath that rests on hard reddish brown sandstone. Permeability of the Ausari soil i.s moderate. !effective rooting depth is about 18 inches. Available water capacity is low. Surface runoff is rapid and the erosion hazard is high. I,. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Appendix 1 Yy ��rt1 �icrl' 1 i•t 1 A2!)Iit'-KTIA-AITtrrri- 'I.i)1) This complex i::; used mainly fur 1 ive:.i.oeE: ;r,> .inc: :►.itd wi ldl if habitat. The native voL;eta'Lion on the Ar.le soil -is mainly western wli(.0 L;;rats, Indian ricegrase, mounta_i ►unalroUal;y and scattered (;ambel oak, U tali juniper, and pinyon pine. The native vegetation on the Ansari soil is mainly Iridian ricet;rass, western wheatgracs, b:ij sagebrush, and scattered pinyon pine and Utah juniper. When the range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition, undesirable weeds and annual plants are numerous. Proper grazing management maintains and improves range condition. Seeding and brush removal are not a good practice because of steep slopes, (fuck outcrop, and depth to bedrock. Wildlife using these soils for habitat include mule doer, rabbit, and grouse. Potential for community development or for use as source material is limited mainly by depth to rock, steep slopes, thin layers of borrow material, and low strength. Special design can overcome these limitations. Drainage and snow melt runoff control structures will control erosion around construction sites and roads. Capability subclass VIIe. r (••,,ff rj.1•'!} 1.1./1 t i ,�-�„D•=--- �,,-----v,_ +.er•._..•_�.r�n��? � :*Rid:_ y k' 1 ! rt. r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Appendix 1 ap Unit No. X2.EF Part B SOIL CHABACTEN I;;TJ C:3 Depth to bedrock : 10-20 inches Texture Surface : Loam Subsoil : Loam, stony loam Substratum : Bedrock Unified Classification : CL -ML, SM -SC Permeability : Moderate Percent coarse fragments : 5-45 (greater than 3 inches) Salinity (ECx10 @ 25°C) pH (surface) : 7.9-8.4 Shrink -swell Potential : Low Potential frost -action (surface) : Low Flood Hazard : None Hydrologic Group D Corrosivity Steel (uncoated) : High Concrete : Low .i.ib7r6 ".DEGREE & KIND OF LIMITATIONS ':(0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields : S Slope, depth to rock Sewage Lagoons ; S Slope, depth to rock Sanitary Landfill Trench : S Slope, depth to rock Area : S Slope R Shallow Excavations S Slope, depth to rock Dwellings w/basements : S Slope, depth to rock w/0 basements • S Slope, depth to rock Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel ropsoil SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION S Slope, depth to rock • Poor Slope, thin layer Poor Slope, thin layer, stones • Unsuited • Unsuited Poor Slope, thin layer, stones 1 1' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Appendix 1 7000 -Vale silt loan, 6 Lo/e- peve 'nt s1OpeO. This deep, well drained gently sloping roil .is on mesas, terraces, and alluvial fan::. It formed in calcareous eolian material. Elevation .ra.n;:e; from 5,000 to 7,200 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F., and the average frost -free period is about 120 days. Typically, the surface layer is brown silt loam about 7 inches thick. The subsoil is brown silty clay loam about 19 inches thick. The substratum is pinkish silt loam that extends to depths of more than 60 inches. Included with this soil in mapping are small areas of Norval soil whic}, make up to 5 to 10 percent of the mappiii unit. Norval soil has :.lopes of 3 to E6 percent. Permeability of the Vale soil is moderate. Effective rooting depth is more than 40 inches. Available water capacity is medium. Surface runoff is medium and the erosion hazard is moderate. This soil is used mainly for irrigated crops and hay. Small grains, corn, potatoes, alfalfa, and grass hay are grown. Irrigation water is usually applied by flooding, but furrows or sprinklers are also used. The native vcgcLa1.ion on this soil is mainly rirc•ill'rtndLhrenii, western wheat};rass, n,uLtungrac::, and big sagebrush. 1 1 1 1 1 1 1 1 1 1 1 Appendix 1 700 -Vale silt loam When the range condition deteriorate:,, fo.rb s and woody shrubs increase. When the range is in poor condition, undesirable weeds and annual plants are numerous. Proper grazing management maintains arid improves r:uit;c condi Lion. licductic,n of hru:•1r improve!; deterior- ated range sites. Seeding .is a good pr•;Lctice if Lhe r;uL t_ is in pour condi t i on. `lu i L Lb 1 r fui• ::cc'd i.rl<<r ;r r 1.11l,r ::(' f. u•:r 1. i'a::::, e rn wheat grass, and big bluegrass. For successful seeding, a good practice is to prepare a seedbed and drill the seed. Wildlife using this soil for habitat include cottontail rabbit, mourning dove, wild turkey, and mule deer. - Potential for community development and recreation is limited by low strength, susceptibility to. pipiiLi;, and frost heave. iii.:rds, ditches, and building foundations can be dc.'::icned to compensate for these limitations. Capability subclass, IlIe D 2 ir?�=:.y,ar�Y"� y�5''�. ,+: YJ.—•ice �.�-T'T �_A+�r,L, +'l ✓ 'Ti �S--w _ �6�► •._1� 1 1 1 1 e Appendix 1 yMap Unit No.,_l0©._ SOIL CHAI(ACf1•:R1:;7'AC:; Depth to bedrock Texture Silt loam Subsoil Silty clay loam, clay loam, silt loam Subs • Silt loam, silty clay loam, loam Substratum CL Unified Classification . Moderate Permeability 0 Percent coarse fragments (greater that 3 inches) Salinity (ECx10- C 25°C) 6.6 to 7.3 pH (surface) Moderate Shrink -swell Potential Moderate Potential frost -action (surface) : MMone Flood Hazard : Hydrologic Group . Moderate Corrosivity Steel (uncoated) • Low Concrete DEGREE & KIND OF LIMITATIONS S is Severe) (0 is Slight, M is Moderate, Septic Tank Absorption Fields M Peres slowly M Slope, seepage Sewage Lagoons : Trench . M Too clayey Sanitary Landfill Area 0 0 Shallow Excavations Dwellings w/basements : 0 w/0 basements • p - M Low strength :More than 60 inches Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil Pair, too clayey Fair, low strength Unsuited Unsuited . Good 1 7, SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION .:3:.. Uma � r 1 1 1 1 1 1 1 1 1 1 1 Appendix 1 AW-Torrifl.uvents, nearly level. Tor•riflnve:nts consist of deep, well to somewhat poorly drn fined :oil.:; fc'r•nl in n I l uv ium. They occupy the nearly level floodplai.ns adjacent to the Colorado and Roaring Fork Rivers and their major tributaries, such as Four Mile Creek, Canyon Creek, Elk Creek, Divide Creek, 1•+mm Creek, Government Creek, and Parachute Creek. Slopes are 0 to 6 percent. The soils are stratified and vary widely in texture and depth due to seasonal fluctuating water levels. Surface layers range from loamy sands and fine sandy loams to silt loans and clay Teams. Underlying layers are usually sandy loams or loams•that are strat- ified with sand, gravel and cobble. Some areas have gravel and cobblestone on or near the surface. Water levels fluctuate from to 4 feet and may be near the surface during spring runoff from snow melt. Areas or this 1,1-u:'clly cic.t.in'•ct unit. "r'• ::uh, ocl. to brief occasional flooding during late spring and early :;itmnier months. Included in the mapping and making up 1.5 percent of this unit are small isolated areas of the Wann soils on 1 Lo 3 1":.rceirt slopes. Also included in mapping are small areas of moderate to severely alkali affected soils identified by an alkali :.pot symbol. There are isolated and small areas where water stands near or at the sur- face year around. Those are, idclut.ified 1'y wc:t, :•pat. :rrul m r:h .:pot symbols. r ±s : �.?'`.rtii "tea w Ai • IAppendix 1 IIAW-Torrifluvents, nearly level The native vegetation is mainly cottonwood, willow, tamarisk Iand water tolerant grasses, sedges, and rushes. This unit is often II suited to the production of Fremont cottonwood trees. It is capable of producing 230 board feet of timber per acre from a fully stocked, Ieven -aged stand of 1i.0 year old trees. Some areas of this unit are used for livestock grazing. It II provides shelter and forage where access to these areas is available. IIThis unit has a definite recreation potential. Wildlife popula- tions are abundant and the nearness to the river make these areas Ir-- available to rafting and canoeing enthusiasts. Wildlife abound in this vegetative habitat. Mule deer, cotton- tail, rabbits, coyotes, bobcats, ducks, geese, and other native birds IIare well adapted and use the native vegetation for food and shelter. Where it is feasible, development of food plots, tree and shrub Iplanting, and establishment of nesting cover would enhance the habitat II for upland frame. In areas of perennial high water table, open writer may be IIdeveloped by blasting or heavy equipment for water row] u:iat;e and fish ponds. IICommunity rlevo1,Tmr'rlt, is Very 1 imitod on this: unit. Flooding, II(seasonal high w711.1'r• l.'Ibh11, and v,trl'1hIi' soil l.i'xt.111'))'i' 1111' f! --,,I I. Stijl jllV1;::L l I'h 1.1 mII•I.I.rm i rte l'o1111N•11;1711.1111! IIU•:t:;itr'•i% tt t IIproposed :rites. Capability ;lubelass VI1::w, norlirrigati1. APPENDIX 2 Appendix 2 public Service Company C 6PoTa o P.O. BOX 152 Rifle, Co 81650 May 13, 1981 Jimmy Sills c/o Sun Designs Glenwood Springs, Co 81601 Dear Mr. Sills: This letter is to confirm that Public Service Co. will serve the area of the proposed Canyon Creek P.U.D. with gas and electric service in accordance with the Rules and Regulations presently on file or subsequently filed with the Colorado Public Utilities Commission, the area being within our certificated area. Yours truly, Public Service Co. of Colo. Wally deBequ`e Consumer Service Rep. APPENDIX 3 Appendix 3 Jim Sills Canyon Creek Glenwood Springs, Co. 81601 Dear Mr. Sills, In response to your request regarding the service for Canyon Creek Subdivision west submit the following information. 1. Teleprione service, while not available Mountain Bell P.C. Box 220 Glenwood Springs, Co. provision of telephone of Glenwood Springs, I to all individual lots will be provided by Mountain Bell in accordance with the Company Tarriff, Colorado Public Utilities Commission No. 2. Mountain Bell is a supplier for telephone service in the area Mountain Bell is a private utilities company, and as such, is reg- ylated by the Public Utilities Commission and for interstate rates is regulated by the Federal Communiciation Commission. 3. Telephone facilities have not been extended to individual lots. 4. An estimate of schedule for installation for facilities in the area cannot be given at this time until specified information can be supplied as to telephone facilities required. Upon receipt by Mountain Bell of the requirements, it may be determined that certain costs will be borne by the purchaser of said lots. Please be advised that as of this writing, a commitment for provid- ingservice cannot be met until studies are completed. These -studies will of necessity be made upon receipt by Mountain Bell of the services and locations of service required by the developer or owners owners. c • Yours Truly, Raymond L. Carpent Engineer APPENDIX 4 APPENDIX 4 CANYON CREEK PUD ZONE DISTRICT REGULATIONS A. SINGLE-FAMILY RESIDENTIAL 1. Uses, by right: Single Family dwelling and customary accessory uses. 2. Uses, conditional: Home occupation, studio for arts and crafts. 3. Uses, special. None. 4. Minimum Lot Area: Not applicable. An average of 1.20 acres per dwelling unit as specified by the Final Plat. 5. Minimum Setback: a. Front Yard: 50 feet from street centerline. b. Rear Yard: 25 feet from rear lot line. c. Side Yard: 10 feet from side lot line. 6. Maximum Height of Buildings: 30 feet. 7. Maximum Lot Coverage: 25 percent. Building envelopes of approximately 4,000 sq. ft. will be designated in the Protective Covenants. 8. Additional Requirements: All uses shall be subject to any and all of the provisions, covenants, conditions and restrictions contained in this Application and to -1- additional provisions, covenants, conditions and restrictions by the recording of any supplemental declarations. B. CONDOMINIUM -DUPLEX RESIDENTIAL 1. Uses, by right: Single-family, duplex townhouses and customary accessory uses. 2. Uses, conditional: Home occupation, stuio for arts and crafts. 3. Uses, special: None. 4. Minimum Lot Area: Not applicable. Condominium -Duplex lots are as specified by the Canyon Creek PUD Final Plat. 5.1 Minimum Lot Setback: a. Front Yard: 50 feet from street centerline. b. Rear Yard: 25 feet from rear lot line. c. Side Yard: 10 feet from side lot line. 5.2 Unit to Unit Setback: 0 feet. 6. Maximum Height of Buildings: 30 feet. 7. Maximum Lot Coverage: 25 percent. 8. Additional Requirements: All uses shall be subject to any and all of the provisions, covenants, conditions -2- and restrictions contained in this Application and to the additional provisions, conditions and restrictions by the recording of any supplemental declarations. C. MULTI -FAMILY RESIDENTIAL 1. Uses, by right: Single-family townhouses and customary accessory uses. 2. Uses, conditional: Home occupation, studio for arts and crafts. 3. Uses, special: None. 4. Minimum Lot Area: Not applicable. Multi -Family Tracts are as specified by the Canyon Creek PUD Final Plat. 5.1 Minimumra t, -Setback : a. Front Yard: 50 feet from street centerline. b. Rear Yard: 20 feet from lot line. c. Side Yard: 10 feet from lot line. 5.2 Unit to Unit Setback: 0 feet. 6. Maximum Height of Buildings: 30 feet. 7. Maximum Lot Coverage: 50 percent. 8. Additional Requirements: All uses shall be subject to any and all of the provisions, covenants, conditions -3- and restrictions contained in this Application and to additional provisions, conditions and restrictions by the recording of any supplemental declarations. D. COMMON OPEN SPACE 1. Uses, by right: Passive and active recreation, recreational facilities, community facilities, water storage facilities, sanitation facilities, stables or paddocks. 2. Uses, conditional: None. 3. Uses, special: None. 4. Maximum Lot Area: Not applicable. 5. Minimum Setbacks for Buildings: a. Front yard: 50 feet from street centerline. b. 50 feet from residential buildings. c. 10 feet from side and rear lot lines. 6. Maximum Height of Buildings: 25 feet. 7. Maximum Lot Coverage: 15 percent. 8. Additional Requirements: All uses shall be subject to any and all of the provisions, covenants, conditions and restrictions contained in this Application and to additional provisions, covenants, conditions and -4- restrictions by the recording of any supplemental declarations. E. SUPPLEMENTAL REGULATIONS 1. Parking Requirements: a. Single -Family Residential, Condominium Duplex Residential: Two covered spaces per dwelling unit. b. Multi -Family Residential: townhouse. Two spaces per c. Common Open Space: Community facilities shall be centrally located and designed for pedestrian access. For active recreational facilities located, or to be located, within deeded common open space, parking facilities will accommodate a minimum of twenty percent of the projected users of these facilities. d. Rural Center District: One space per 200 square feet of floor area. F. DEFINITIONS 1. Uses, by right: A use allowed in a particular zone district with no conditions or approval required other than the general terms of this Application. -5- 2. Uses, conditional: A use allowed in a particular zone district that fulfills all of the provisions, cove- nants, conditions and restrictions contained in this Application or any additional requirements or covenants recorded by any supplemental declarations. 3. Uses, special: Uses allowed by permit only. 4. Minimum Lot Area: The total land area within the boun- daries of a lot. 5. Minimum Setback: The minimum dimension of a required yard. 6. Building Height: Measured vertically from the average natural finished grade line immediately adjoining the foundation to the average roof height. 7. Lot Coverage: The portion of a lot or tract which is covered or occupied by buildings, structures, parking and drives. 8. Building Envelopes: Building envelopes are areas which define the sitting of residential homes and accessory structures such as garages or sheds. All such struc- tures shall be confined to designated building enve- lopes. 9. Townhouses: Townhouses -6- are lineal or clustered arrangements of attached or semi -attached single-family homes of between two and seven dwelling units. Each unit is on private property and has private outdoor space. No one unit is above another unit. Townhouses share common walls and structure, utilities and parking. 10. Rural Center: The Rural Center District is intended to provide a community and commercial center in a rural suburban area. 11. Country Store: A Country Store shall be a facility which may contain: convenience commercial facilities; limited recreational facilities; or community facili- ties. This facility would help curtail needless traf- fic to urban centers while providing a community center in rural suburban location. All architectural and design covenants of the Canyon Creek PUD shall apply to the Country Store. APPENDIX 5 STATE OF COLORADO County of Garfield la At a reg.ular meeting of the Board of County Commissioners for Garfield County, Colorado, held at th.c Court House in Glenwood Springs on Tuesday the ,Ai day of Oc Lobe rA. D. 19 81 , there were present: Larry Ve l a s qu , Commissioner Chairman Flaven J. Cerise , Commissioner , Commissioner , County Attorney , Clerk of the Board Eugene "Jim" Drinkhouse Cheryl J. Kosst Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION #81- 316 RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT AMENDMENT TO THE GARFIELD COUNTY ZONING RESOLUTION AND PLANNED UNIT DEVELOPMENT FOR CANYON CREEK BY JIMMY SILLS WHEREAS, Jimmy Sills on behalf of Sills Mining and Develop- ment Company, has filed a petition with the Board of County Commissioners of Garfield County to rezone the herein described property in Garfield County from Agricultural/Residential/Rural Density and Residential/Limited/ Urban Density to a planned unit development zone district and to approve a planned unit development plan for Canyon Creek, planned unit development; and WHEREAS, a public hearing was held by this board on July 6, 1981, which was continued until July 13, 1981, and which was continued until August 4, 1981; and WHEREAS, based on the evidence, testimony, exhibits, study of the master plan for the unincorporated area of the County, comments of the Garfield County Planning Department, comments of public officials and agencies, comments from all interested parties, this Board finds as follows: 1. THAT proper publication of the public notice is provided as required by law for the hearing before the Board; 2. THAT the hearing before the Board was extensve and complete, that all pertinent facts, matters, and issues were submitted and that all in- terested parties were heard at that hearing; 3. 'THAT the Garfield County Planning Commission has recommended to this Board that the requested rezoning be granted, provided that certain conditions be complied with; 4. THAT the proposed zoning is in general compliance with the reccros:endation set forth in the master plan for the unincorporated area of the County; 5. THAT the proposed land use will be compatible with the existing land uses in the nearby area; 6. THAT other than in the foregoing particulars, the requested zone change amendment and plan approval are in general conformity with the master plan for Garfield County. Colorado, and meet all requirements of the zoning resolution of Garfield County, and further that the requested planned unit development is suitable and appropriate for the subject property concerning the location, condition circumstances of said property, and that the proposed amendment implements the purposes and meets the standards and requirements of the planned unit development provisions of the Garfield County Zoning Resolution; NOW, THEREFORE, be it resolved by the Board of County Commis- sioners of Garfield County, Colorado: Section 1. TIHAT the petition of Jimmy Sills on behalf of the Sills Mining and Development Company for a zone change from Agricultural/Residential/Rural ' kesolution #81 - Page 2 Density and Residential/Limited/Suburban Density to a planned unit development district for the following described unincorporated area of Garfield County be approved, subject to the conditions, as follows: a. THAT active and passive recreation facilities be -provided by the ,developer in the open space of the project. b THAT the Canyon -Creek riparian area be dedicated for public use. c. THAT all roads within the planned unit development meet County standards except that portion above lots 15 and 16 which will be a private road. d. THAT the private road access to the two lots on the creek on the westerly portion of the property be upgraded to a set of acceptable standards to be submitted to the County as a preliminary plat. e. THAT a 100 -year flood plain study be done on Canyon Creek. f. THAT a portion of lots 17 subject to rock fall not be built upon. g. THAT the concern as to the irrigation ditch be addressed. h. THAT the commercial site be eliminated. i. THAT lot one not be multi -family. Section 2. THAT the planned unit development shall consist of three zone districts, the boundaries of which shall be indicated upon the final plat cr plats of the Canyon Creek, the planned unit development, which districts shall be designated as follows: Single -Family Residential District Multi -Family Residential District Common Open Space District Section 3. THAT the uses permitted within said districts, together with the regu- lations affecting the usage of the lands contained therein, shall be as follows: Single -Family Residential 1. Uses, by right: Single Family dwelling and customary accessory uses. 2. Uses, conditional: Home occupation, studio for arts and crafts. 3. Uses, special: None. 4. Minimum Lot Area: Not applicable. An average of 2.2 acres per dwelling unit as specified by the PUD Master Plan (Figure 3). 5. Minimum Setback: a. Front Yard: 50 feet from street centerline. b. Rear Yard: 25 feet from rear lot line. c. Side Yard: 10 feet from side lot line. 6. Maximum Height of Buildings: 30 feet. 7. Maximum Lot Coverage: 15 percent. Building envelopes of approximately 4,000 sq. ft. will be designated at the time of subdivision platting. 8. Additonal Requirements: All uses shall be subject to any and all of the provisions, covenants, conditions and restrictions contained in this application and to additional provisions, covenants, conditions and restrictions by the recording of any supplemental declarations. I • Resolution #81 - Page 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Multi -Family Residential 1. Uses, by right: Single-family townhouses and customary accessory uses 2. Uses, conditional: Home occupation, studio for arts and crafts. 3. Uses, special: None.. 4. Minimum Lot Area: Not applicable. Multi -Family Tracts are as specific( by the Canyon Creek PUD Master Plan (Figure 3). 5.1. Minimum Tract Setback: a. Front Yard: 50 feet from street centerline. b. Rear yard: 20 feet from lot line. c. Side Yard: 10 feet from lot line. 5.2. Unit to Unit Setback: 0 feet 6. Maximum Height of Buildings: 30 feet. 7. Maximum Lot Coverage: 50 percent. 8. Additional Requirements: All uses shall be subject to any and all of the provisions, covenants, conditions and restrictions contained in this application and to additional provisions, conditions and restrictions by the recording of any supplemental declarations. Common Open Space 1. Uses, by right: Passive and active recreation, recreational facilities community facilities, water storage facilities, sanitation facilities, stables or paddocks. 2. Uses, conditional: None. 3. Uses, special: None 4. Minimum Lot Are;: Not applicable. 5. Minimum Setbacks for Buildings: a. Front yard: 50 feet from street centerline. b. 50 feet from residential buildings. c. 10 feet from side and rear lot lines. 6. Maximum Height of Buildings: 25 feet. 7. Maximum Lot Coverage: 15 percent 8. Additional Requirements: All uses shall be subject to any and all of the provisions, covenants, conditions and restrictions contained in this application and to additional provisions, covenants, conditions and restrictions by the recording of any supplemental declarations. Supplemental Regulations 1. Parking requirements: a. Single -Family Residential: Two covered spaces per dwelling unit. b. Multi -Family Residential: Two spaces per townhouse. c. Common Open Space: Community facilities shall be centrally located and designed for pedestrian access. For active recreations facilities located, or to be located, within deeded common open space, parking facilities will accomodate a minimum of twenty percent of the projected users of these facilities. d. Rural Center District: One space per 200 square feet of floor area Resolution #81 - Page 4 Definitions 1. Uses, by right: A use allowed in a particular zone district with no conditions or approval required other than the general terms of this Application. ' 2. Uses, conditional: A use allowed in a particular zone district that fulfills all of the provisions, covenants, conditions and restrictions contained in this Application or any additonal requirements or cov- enants recorded by any supplemental declarations. 3. Uses, special: Uses allowed by permit only. 4. Minimum Lot Area: The total land area within the boundaries of a lot. 5. Minimum Setback: The minimum dimension of a required yard. 6. Building Height: Measured vertically from the average natural finished grade line immediately adjoining the foundation to the average roof height. 7. Lot Coverage: The portion of a lot or tract which is covered or occupied by buildings, structures, parking and drives. 8. Building Envelopes: Building envelopes are areas which define the sitting of residential homes and accessory structures such as garages or sheds. All such structures shall be confined to designated building envelopes. 9. Townhouses: Townhouses are lineal or clustered arrangements of attached or semi -attached single-family homes of between four and twelve dwelling units. Each unit is on private property and has private outdoor space. No one unit is above another unit. Town- houses share common walls and structure, utilities and parking. 10 Rural Centel The Ri rdi Center District is intended to provide a community and commercial center in a rural suburban area. 11. Country Store: A Country Store shall be a facility which may contain: convenience commercial facilities; limited recreational facilities; or community facilities. This facility would help curtail needless traffic to urban centers while providing a community center in rural suburban location. A11 -architectural and design covenants of the Canyon Creek PUD shall apply to the,County Store. Section 4. THAT, upon the Board's determination that the foregoing conditions have been satisfied or agreed to by the applicant, the chairman be and hereby is authorized to execute an amended zone district map to the Garfield County Zoning Resolution, reflecting the amendment herein granted to the following described unincorporated area of Garfield County: All that part of the SEQSW;, Section 25 and the N1NW4, S1NW4, Section 36, Township 5 South, Range 90 West of the Sixth Principal Meridian lying easterly of the center of Canyon Creek and northerly of the following described line, to -wit: Beginning at the intersection of the easterly line of the NE4NW4 of said Section 36, and the northerly line of Riverview Subdivision as amended and filed as Document No. 241679 in the Garfield County records; thence along the northerly and westerly line of said Riverview Subdivision the following courses and distances; N.84°59'W.8.0 feet more or less,; S.82031' W.44.90 feet; S.59°59' W.73.60 feet; S. 01 01' W.350 feet, more or less to a point on the southerly right-of-way line of Old State Highway No. 11; thence along said southerly right-of-way line the following courses and distances; N.67°50' W.310 feet; S.87°30' W.335.4 feet to the northeasterly corner of a parcel of land described in Document No. 288281, of the Garfield County records; thence leaving said southerly right-of-way line of said Old State Highway No. 11 S. 05°14'16", E.399.16. feet to the county road; thence S.87°31'00", W.188.70 feet along said 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Resolution #81 - Page 5 county road; thence N.04°42'38" W.110.98 feet; thence N.81°07'13" W.5.89 feet; thence N.07°40'47" W.222.18 feet to a point on the southerly right-of-way line of said Old State Highway No. 11; thence along said southerly right-of-way line the following courses and distances; S.68°23' 54" W.75.88 feet; thence S.69°11'59" W.189.39 feet; thence S.68°50'16" W.132.74 feet; thence S.64°50' W.138.93 feet; thence S.57°34' W.138.40 feet to the centerline of Canyon Creek. Excepting a tract of land conveyed to Eric C. Williams by deed recorded as Document No. 311109 in book 563 at page 586 of the Garfield County records. All of the above described property contains 76 acres more or less. By: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO (�. Chairman ATTEST: k Deputy Clerk of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasauez Ave Flaven J. Cerise Aye Eugene "Jim" Drinkhouse Aye Commissioners STATE OF COLORADO County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid du hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Coruni siovers for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A_ D_ 19 County Clerk and ex -officio Clerk of the Board of County Commissioners.