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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Subdivision Application Form GENERAL INFORMATION (To be completed by the applicant.) ➢ Subdivision Name: LAKE SPRINGS RANCH PUD, FILING 1 ➢ Type of Subdivision (check one of the following types): Sketch Plan Preliminary Plan Final Plat X ➢ Name of Property Owner (Applicant): BERKELEY FAMILY LIMITED PARTNERSHIP ➢ Address: 4001 COUNTY ROAD 114 Telephone: 970.945.5432 > City: GLENWOOD SPRINGS State: CO Zip Code: 81601 FAX: ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): JOHN R. SCHENK ➢ Address: 302 EIGHTH STREET, SUITE 310 Telephone: 970.945.2447 ➢ City: GLENWOOD SPRINGS State: CO Zip Code: 81601 FAX: 970.945.47E ➢ Name of Engineer: HIGH COUNTRY ENGINEERING, INC. > Address: 1517 BLAKE AVENUE, SUITE 101Telephone: 970.945.8676 > City: CLENW00D SPRINGS State: CO Zip Code: 91601 FAX. .970_ 945.2555 > Name of Surveyor: HIGH COUNTRY ENGINEERING, INC. > Address: 1517 BLAKE AVENUE, SUITE 101 Telephone: 970.945.8676 > City: GLENWOOD SPRINGS State: CO Zip Code: 81601 FAX:970.945.2555 ➢ Name of Planner: N/A ➢ Address: Telephone: ➢ City: State: Zip Code: FAX: GENERAL INFORMATION continued... > Location of Property: Section 32 Township T6S Range R88W ➢ Practical Location / Address of Property: 4001 County Road 114/119 Spring Valley > Current Size of Property to be Subdivided (in acres): 130.514 > Number of Tracts / Lots Created within the Proposed Subdivision: 21 ➢ Property Current Land Use Designation: 1. Property's Current Zone District: LAKE SPRINGS RANCH PUD 2. Comprehensive Plan Map Designation: PUD Proposed Utility Service: > Proposed Water Source: Domestic Wells/Water System ➢ Proposed Method of Sewage Disposal: Spring Valley Sanitation District > Proposed Public Access VIA: County Road 119 ➢ Easements: Utility: Plat Ditch: None ➢ Total Development Area (fill in the appropriate boxes below): (1) Residential Units / Lots Size (Acres) Parking Provided Single -Family 21 21.796 on Lot Duplex -0- Multi-Family -0- Mobile Home -0- Total 21.796 Floor Area (sq. ft.) Size (Acres] Parking Provided (2) Commercial -0- -0- (3) Industrial -0- -0- (4) Public / Quasi-Public 14.377 _0_ (5) Open Space / Common Area 94.341 Total 108.718 > Base Fee: ➢ Plat Review Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200 paid on 006-6`-1 Fee (see attached fee schedule) 2 • • and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Subdivision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http://www.qarfield-county.com/buildinq and planninq/index.htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. hade read the statements above and have provided the required attached information which is>e-Qrre -t and accurate to the best of my knowledge. of applicant/owner) (Signature PP ) Date Last Revised: 11/21/2002 8 G • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) IELD COUNTY (hereinafter COUNTY) and BERKELEY FAMILY LIMITED PARTNERSHIP (h reinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Final Plat for Lake Springs Ranch PUD, Filing 1 (hereinafter, THE PROJECT). es ad 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, ablishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the ministration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to th reafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional p yments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of c nsulting service determined necessary by the Board of County Commissioners for the consideration of an a plication or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLIC BERKELEY By: Signatu ED PARTNERSHIP Mailing Address: 4001 County Road 114 Glenwood Springs, CO 81601 10/2004 Page 4 JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M. STRAUTMAN • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 October 28, 2004 Garfield County Building & Planning Department Attn: Fred Jarman, AICP, Senior Planner 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 HAND DELIVERED Re: Lake Springs Ranch PUD Dear Fred: Please find enclosed the Subdivision Application Form for the Final Plat of Lake Springs Ranch PUD, Filing 1, the Agreement for Payment Form and our check in the amount of $200.00 in payment of the required fee. JRS/clh Enc. cc: Michael Berkeley, M.D. (w/enc.) F:\M Blake Springs'Final PlatUarman 5.wpd • • STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic Section 222 South 6th Street, Room 100 Grand Junction, CO 81 501 970-248-7230 office 970-248-7294 fax October 28. 2004 To: Berkeley Family Limited Partnership 4001 County Road 114 Glenwood Spgs, CO 81601 Dear Sir or Madam: Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments. If you choose NOT to act on the permit, please return the permit unsigned. If you wish to APPEAL the Terms and Conditions of the permit, please refer to the attached Form 101 pages 2 & 3 for an explanation of the appeal procedures. If you ACCEPT the permit and its Terms and Conditions, please sign and date the Access Permit form on the line marked "PERMITTEE". Your signature confirms your agreement to all the listed Terms and Conditions. - Provide a check or money order made out to the jurisdiction named on the next line for the amount due. Colorado Department of Transportation $ 0.00 Make check or money order payable to Amount Due - Return all copies and attachments of the Access Permit along with your payment back to the Colorado Department of Transportation at the address noted below. The Department will process and return to you a validated (signed and recorded) copy of your State Highway Access Permit. If you fail to sign and return the attached Access Permit within 60 days of the date of this transmittal letter, Colorado Department of Transportation will consider this permit Void. You must obtain a Notice to Proceed. DO NOT begin any work within the State Right -of -Way without a validated Access Permit and Notice To Proceed. Use of this permit without Transportation Department's validation shall be considered a violation of State Law. If you have any questions, please call: Mike Smith at 970-248-7230 Return Access Permit and attachments to: Region 3 Traffic Section 222 South 6th Street, Room 100 Grand Junction, CO 81501 The transmittal to you of the Access Permit form for your approval constitutes final action by the Colorado Department of Transportation pursuant to section 43-2-147 C. R. S., as amended. CDOT Form #122 11/99 • • This Page Intentionally Left Blank COLORADO DEPARTMENT OF TRANSPOwrION STATE HIGHWAY ACCESS PERMIT Permit fee 0.00 Date of transmittal 10/28/2004 Region/Section/Patrol 03/02/12 CDOT Permit No. 304223 State Highway No/Mp/Side 082A/006.660/L Local Jurisdiction Garfield Coun The Permittee(s); Applicant; Ref No. 04-163 Berkeley Family Limited Partnership Berkeley Family Limited Partnership 4001 County Road 114 4001 County Road 114 Glenwood Spgs, CO 81601 Glenwood Spgs, CO 81601 970-945-2568 970-945-2568 • is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Located on the east side of Highway 82, a distance of 3458 feet south of RP 6, also known as County Road 114. Access to Provide Service to: County Road 525 DHV 100.00 % Other terms and conditions: * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By (X) Date Title Upon the signing of this permit the perm'ttee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Leslie Stanton with the Colorado Department of Transportation in Glenwood Spgs at 970-384-3360 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee (X) Date This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION By (x) Date (of issue) Title Access Manager Copy Distribution: Required: 1.Region 2.Applicant 3.Staff Access Section Make copies as necessary for: Local Authority Inspector MICE Patrol Traffic Engineer Previous editions are obsolete and may not be used CDOT Form #101 8/98 • • U.2 750 a y m m c m o n O y N 0 m ° m w � O T N C 3 N hal E rn l m catE€, 5.68.'22 m 00,mL,o 211..1 i' 5 rc O� '32rW g €8=E E c 'cLavE8 • L T� d m N m C ° r c m•U' c € a s N i287:58 m-8''12 > L 'E.CY aoai•€ 8 U m O a m W C m 0 m 8' 5 .5 C C � ,@8§LE8 d a d 0 O G p m N c X30=m' o .0 0. d 0 C U N ° o, 2''Em_ma N 5 F W11"0 C aa°i0c z. m m 'O W �J c J ° C m O` L m L d N 2%S E as W y 0 N «m m F T N wCm o O m m m 210co c 15=20 m L « d O E .e052 0 '313-8-132 p25, ac � 5°8Nm a$sa'Z0 l00 N CO (>62'622 WOaUa N o m C'`°' g�- W '54t71?m• >a m • is o n o c V.°1 as m m C 0)_ 0_ o pcp c E , C • O T m50 o ▪ m�� 0 3 O m 2�� Eo To E o Wo8o NE c d.- O m ~0U8e mc(nn c„, -E828 >N C C C 2 L C m a O m W 2 E 0=2-E :0m m O Si 9 W c. 2>-.614 nm W m a t 2E«N 0 o 2 o "64,51-2 T '12§484% c ami { A U > w 1-6.z67) r:. Eccc EIW€ N m Ol m m C (0 N E C m m w ° Gm w€$iea OnPE:oc8ap0 gvva6 01852,6 ~ =5 r o cc o ❑m'- c m 2 W m 2 O O Q- 0, m W>,..;622. (09 2 NN . wN0B>.m-5 L L oa$yat2 Z m O mm 8 N wzWy-2 W.o p Ww O L U C C= C T - 0 C 7 5 o 2 • • STATE HIGHWAY ACCESS PERMIT 304223 Located on Highway 82 near RP 6.655 Left Issued to Garfield County TERMS AND CONDITIONS October 28, 2004 1. A traffic study will be required for the Lake Springs Ranch Development which indicates phasing and details Highway improvements required under the access code before the Notice to Proceed is issued. 2. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 3. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 4. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the applicant needs to submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction. (b) Construction Plans Stamped by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code. (c) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. (d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. 5. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 6. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS 43-3-102 Including but not limited to restricting left hand turns by construction of physical medial separations. 7. All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 8. The permittee is required to comply with the Americans With Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street • • STATE HIGHWAY ACCESS PERMIT 304223 Located on Highway 82 near RP 6.655 Left Issued to Garfield County October 28, 2004 TERMS AND CONDITIONS (cont.) crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: http://www.dot.state.co.us/DeskinSupport/, then click on Design Bulletins. 9. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials removed shall be returned to the Department. 10. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re -seeding. 11. A fully executed complete copy of this permit must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 12. Prior to any use as allowed by this permit, the applicant shall contact the Region 3 Access Manager in writing to request a final inspection. This request shall include certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The engineer of record as indicated on the construction plans, shall be present for this inspection. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager. COLORADO DEPARTMENT OF TRANSPO.. ION STATE HIGHWAY ACCESS PERMIT Permit fee 0.00 Date of transmittal 10/28/2004 Region/Section/Patrol 03/02/12 CDOT Permit No. 304223 State Highway No/Mp/Side 082A/006.660/L Local Jurisdiction Garfield County The Permittee(s); Applicant; Ref No. 04-163 Berkeley Family Limited Partnership Berkeley Family Limited Partnership 4001 County Road 114 4001 County Road 114 Glenwood Spgs, CO 81601 Glenwood Spgs, CO 81601 970-945-2568 970-945-2568 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. I_nra+inns: Located on the east side of Highway 82, a distance of 3458 feet south of RP 6, also known as County Road 114. Access to Provide Service to: County Road 525 DHV 100.00 Other terms and conditions: * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By (X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Leslie Stanton with the Colorado Department of Transportation in Glenwood Spgs at 970-384-3360 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee Q 1 (x) 74_ L: f—e ./( Pc t, .td y Date k- I- .0 y This permit is not valid until signed by a duly aut orized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION By (x) Date (of issue) Title Access Manager Copy Distribution: Required: 1.Region 2.Applicant 3.Staff Access Section Make copies as necessary for: Local Authority Inspector MTCE Patrol Traffic Engineer Previous editions are obsolete and may not be used CDOT Form #101 8/98 m m 0a .m m ? N m C( C 0 N 0 8Noo8a o § c m m TQ a c> O TNO'm0 0 v 3 0 0 m 2 0 ole c my Q m C y O m 0 C m C- m pC' 2'Q G i" Too• c 0) 6 o 0 U 200g2,762 OtL 0 0 j@� c a Q N Q 8 y� N 0 C L C 3 m 0 m O _ g> N 3 V ary m O N Z. C O 2)2;QEmmm 0 5 6t=-0 0- 5 '804'5225 44. N O.4 5 m 035'.5SiE .t.f▪ (p g 0 2 L 0 m U c aa N m rn n O1 a @@ S C>.3LC N c m O C a N m 0.2E228 a r a OD0 m aE U.-- t 5> m aRa a U w >m 20 het` O 0 8 L N O m `o ' E E 3 m §€Eo,zC c arL ) • m 0 m 0 0 o m a a L 5010. Lm 2 3cm9F-O 3 U (2-9-11- r0m O 4c`om'E,o2 ol0.EE0 E.Lm,O-;•-a E§ 3�`o'3 c m o, N m Q m _O - C 2 � m E cc 3 .:82§ C r .-T. 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N• Z 2 L CCN'm Na 0aD C 11 -o0.5dmcQN m { Cm.5. 0m:osS �7 °Wgmi.Om 8FQamgmN%t'nap2 oEE2m2E8yzKmroma.=o3z8Ea8022 a "0 0. m� U 2 E z O 02 0- =0 ctrC 1-U z 0 • • STATE HIGHWAY ACCESS PERMIT 304223 Located on Highway 82 near RP 6.655 Left Issued to Garfield County TERMS AND CONDITIONS October 28, 2004 1. A traffic study will be required for the Lake Springs Ranch Development which indicates phasing and details Highway improvements required under the access code before the Notice to Proceed is issued. 2. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 3. 1 he Permittee is responsible for obtaining any , necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 4. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the applicant needs to submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction. (b) Construction Plans Stamped by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code. (c) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. (d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. 5. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 6. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS including 43-3-1u2 including but not limited to restricting iui iiu• w it.:i � a5 Ly ::r iLt7 iJl.tivnuf physical medial separations. 7. All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 8. The permittee is required to comply with the Americans With Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street • STATE HIGHWAY ACCESS PERMIT 304223 Located on Highway 82 near RP 6.655 Left Issued to Garfield County October 28, 2004 TERMS AND CONDITIONS (cont.) crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: http://www.dot.state.co.us/DesignSuDDort/, then click on Design Bulletins. 9. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials removed shall be returned to the Department. 10. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. Any mud or other material tracked or othPnr'»c• "tee fad n;? the roadway shall be rerun'" d by the Department inspector. Restoration shall meet the Department's standard spejficatuons for topsoil, fertilization, mulching, and re -seeding. 11. A fully executed complete copy of this permit must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 12. Prior to any use as allowed by this permit, the applicant shall contact the Region 3 Access Manager in writing to request a final inspection. This request shall include certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The engineer of record as indicated on the construction plans, shall be present for this inspection. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager. • September 20, 2002 Mark Bean Garfield County Planner 109 8th Street, Suite 303 Glenwood Springs, CO 81601 FIRE • EMS • RESCUE RE: Lake Springs Ranch PUD, Preliminary Plan Dear Mark: • RECEIVED SEP 2 3 2002 GARFIELD COUNTY BUILDING & PLANNING I have reviewed the preliminary plan submittal for the proposed Lake Springs Ranch P.U.D. I would offer the following comments: Access The proposed access for the subdivision appears to be adequate for emergency vehicles. Water Supply for Fire Protection A central domestic water system is proposed for the subdivision supplied from a 400,000 -gallon water storage tank. A fire flow of 1,500 gallons per minuie for two hours is proposed and would meet the requirements the Uniform Fire Code (UFC) 1997 edition, Appendix III -A: Fire Flow Requirements for Buildings for homes up to 3,600 square feet. 1"here appears to be an error both in the master utility plan drawings and the written submittal which indicate that the base elevation of the proposed tank will be at an elevation of 7202 feet. The road and profile drawings indicate that the elevation will actually be 7302 feet. 7302 feet of elevation is also consistent with the submitted fire flow analysis. The proposed fire hydrant locations for the subdivision are acceptable and meet the requirements of the UFC. Wildfire Hazards The Colorado Stated Forest Service (CSFS) has completed a wildfire hazard review of the subdivision. Mitigation within the subdivision should be completed according to CSFS standards. Impact Fees The development is subject to impact fees adopted by the District for the 210 proposed new residential !nits. The developer will be required to enter into an agreement with the District for the payment of development impact fees. This payment is due prior to the recording of the fmal plat. Fees are based upon the per lot impact fee adopted by the District at the time the agreement is executed. Please contact me if you have any questions. Sincerel , 1.eocoreint eta Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569 10/25/2004 09:13 9709631068 HIGH CTRY APPR PAGE 01 MGM COWNITRY A. I ,. ISSATL, ASSOCIATES Rea; Estate Appraisers and Consultants est. 1972 October 22, 2004 Mr. John R. Schenk Schenk, Kerst & deWinter, LLP 302 Eighth Street, Suite 310 Glenwood Springs, CO 81601 Re: BERKELEY PROPERTIES/LAKE SPRINGS RANCH PUD Garfield County Parcel Numbers 2187-334-00-106 and 107 3961-4401 County Road 114 Part of Sections 32-34, T. 6 S., R. 88 W. of the 6th P.M. Part of Section 4, T. 7 S., R. 88 W. of the 6th F.M. Garfield County, Colorado Dear Mr. Schenk: At the request of Maci Berkeley I am in the process of making an appraisal of a proposed conservation easement of the above referenced properties. At your request, I am providing conclusions developed in the course of my appraisal analysis as they pertain to the determination of a "school site acquisition fee." The purpose of this valuation is to estimate the market value of the subject land, without consideration of the effect on value of existing or proposed subdivision approvals (Lake Springs Ranch PUD) or any physical improvements made in connection with said subdivision. In addition, I have excluded the value contribution, if any, of any buildings located on the property. The property is an approximately 441.62 -acre ranch located on either side of County Road 114 in the Spring Valley area of southeastern Garfield County. The property is improved with older residential structures, a newer home, and miscellaneous ranch buildings. The property is reportedly subject to a nearly finalized development approval for a project known as Lake Springs PUD. This letter may be considered an addendum to the appraisal report that will be delivered to the property owners. That report will set forth the data and analyses used in developing the value estimate set forth in this addendum letter. This letter is intended for submission to the Garfield County Commissioners and the RE -1 Roaring Fork School District for the purpose of establishing a "school site acquisition fee." It is not to be relied upon for any other purpose, or by any third party, without the express written consent of the appraiser. 1372 Main Street, P.O.Box 7 • Carbondale, CO 81623 • (970) 963-1480 FAX (970) 963-1068 • • 10/25/2004 09:13 9709631068 Mr. John R. Schenk October 22, 2004 Page 2 HIGH CTRY APPR PAGE 02 The subject property consists of 441.62 acres located on either side of County Road 114; it is also divided' by the County Road 119 right-of-way. Approximately 45% of the property is irrigated, currently used as a sod farm. The property includes several building improvements, including barns, sheds, and multiple residences. Most of these improvements are not consistent with the highest and best! use of the property, and do not contribute to value; I have not considered the potential value contribution of any building improvements in this analysis. The property is located proximate to a sanitation district, which enhances its potential for development. The highest and best use of the property under the conditions of this assignment is continued ranch/sod farm/residential use, with a relatively immediate potential for medium -density subdivision (approximately one unit per two acres) into primarily single-family residential sites. This value estimate is based on a sales comparison approach analysis, using six sales of ranch property in the lower Roaring Fork River valley. These sales indicate a value for the subject property of approximately $14,000 per acre. Based on this data and analysis, which will be set forth in my appraisal of the proposed conservation easement, it is my opinion that the value of the subject property, under the assumptions noted, and as of October 7, 2004, is: SIX MILLION ONE -HUNDRED EIGHTY THOUSAND DOLLARS ($6,180,000) Please call if you have any questions. Thank you for the opportunity to be of service. Respectfully Submitted, William K. Gray, MAI Certified General Appraiser Colorado License No. CG01313605 JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M. STRAUTMAN • • SCHENK, KERST & deWINTER, LLP pp A PARTNERSHIP OF PROFESSIONAL CORPORATIONS I� � ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 November 4, 2004 Fred Jarman, AICP, Senior Planner Garfield County Building & Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Hand Delivered Carolyn Dahlgren Garfield County Attorney 108 Eighth Street, Suite 219 Glenwood Springs, CO 81601 Hand Delivered Re: Lake Springs Ranch PUD Public Notice Greetings: Will the following Public Notice of grant of a Site Specific Development Plan suffice from Garfield County's perspective? JRS/clh Enc. cc: Michael Berkeley, M.D. (w/enc.) F:\M B\Lake Springs\Final Plat\arnian & Dahlgren 4.wpd Ve ly your • • PUBLIC NOTICE Notice is hereby given that on the 1St day of November 2004, at 1:15 p.m., at Glenwood Springs, Colorado, the Board of County Commissioners held a public hearing approving a Site Specific Development Plan for the property and purposes described below, which approval creates a vested property right pursuant to Colorado law, i.e., C.R.S. 24-68-101, et. seq. Legal Description: Township 6 South, Range 88 West, 6th P.M. Section 32: Lots 5 and 6 Section 33: Lots 7 through 17 inclusive, Lots 20 through 23 inclusive, and NE'/4SE'/4 Section 34: SW'/4SW' Township 7 South, Range 88 West, 6th P.M. Section 4: Lots 2, 3 and 9 EXCEPTING therefrom the above those portions conveyed to the Board of County Commissioners of Garfield County for road purposes by documents recorded June 3, 1929, in Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception No. 104498. Purposes: Lake Springs Ranch PUD, 194 Single Family Dwelling Units and 16 Multi - Family Dwelling Units. F:\M 13\Lake Springs\Final PIat\Public Notice.wpd JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, 111, CAROLYN M. STRAUTMAN • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW N 0 V 0 4 2 0X0 4 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 November 4, 2004 Fred Jarman, AICP, Senior Planner Garfield County Building & Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Hand Delivered Carolyn Dahlgren Garfield County Attorney 108 Eighth Street, Suite 219 Glenwood Springs, CO 81601 Hand Delivered Re: Lake Springs Ranch PUD Subdivision Improvements Agreement Greetings: Can we substitute a new page 7 or 9 with language deleted in the manner shown on the copy enclosed? A highlight of the excised language is also enclosed. JRS/clh Enc. cc: Michael Berkeley, M.D. (w/enc.) F:VN B\Lake Springs\Final PlatUarman & Dahlgren 3.wpd • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS • ATTORNEYS AT LAW JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, Ill CAROLYN M. STRAUTMAN NOV 0 3 2004 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 November 2, 2004 Region 3 Traffic Section Colorado Department of Transportation 222 South 6th Street, Room 100 Grand Junction, CO 81501 Re: Berkeley Family Limited Partnership, Lake Springs Filing No. 1 (21 lots) CDOT Permit No. 304223 Ref. No. 04-163 Dear Sir or Madam: Enclosed is the State Highway Access Permit, CDOT Permit No. 304223, Ref. No. 04-163, which has been signed on behalf of the Berkeley Family Limited Partnership. Please return the validated (signed and recorded) copy of the State Highway Access Permit to this office. Thank you for your assistance in this regard. Very truly yours, JOHN R. SCHENK JRS/clh Enc. cc: Berkeley Family Limited Partnership (w/enc.) Fred Jarman (w/enc.) F:\M 'Make Springs \Final Plal,CoI nW lhpanm uon I.wpd November 2, 2004 John R. Schenk Schenk, Kerst, & deWinter, LLP 302 Eighth Street, Suite 310 Glenwood Springs, CO 81601 Garfield County BUILDING & PLANNING DEPARTMENT RE: Vesting and Final Plat, Filing 1 of the Lake Springs Ranch Planned Unit Development Dear John, As you are aware, on Monday, November 1, 2004, the Board of County Commissioners approved the request for vested property rights for the Lake Springs Ranch PUD pursuant to Section 14:00 of the Subdivision Regulations and approved the Final Plat for Filing 1 of the Lake Springs Ranch PUD (phase 5) pursuant to Section 5:00 of the Subdivision Regulations. Specifically, the Board agreed to the alternative collateral/ security provision you proposed in the Subdivision Improvements Agreement. In addition, the Board agreed that should the obligations in the SIA for Filing 1 be completed, the traffic impact fees for filing 1 are not required due to the obligation on the Applicant to realign and construct County Road 119 to County specifications as proposed in the preliminary plan. Lastly, as a result of the vested property rights granted by the Board, you are required to meet the following condition pursuant to Section 14:40 of the Subdivision Regulations of 1984, as amended which states the following: Notice of approval. Each plat or site plan constituting a site specific development plan shall contain the following language: "Approval of this plan shall create a vested property right pursuant to article 68 of title 24, C.R.S., as amended." Failure to include the foregoing statement in a request for approval shall invalidate the creation of the vested property right. In addition, a notice describing generally the type and intensity of use approved, the specific parcel or parcels of property affected and stating that a vested property right has been created shall be published once, not more than 14 days after approval of the site specific development plan, in a newspaper of general circulation within the County. 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 • • Do not hesitate to contact this office should you have any questions. Very truly yours, Fred Jarman, AICP, Senior Planner 970.945.8212 • • DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR LAKE SPRINGS RANCH PUD, FILING 1 • • DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR LAKE SPRINGS RANCH PUD, FILING 1 TABLE OF CONTENTS 1 STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS 1 1.1 Purpose 1 1.2 Declarant's Intent 1 1.3 Declaration 1 1.4 Covenants to Run with the Land 1 1.5 Association 1 2 DEFINITIONS 2 2.1 Definition Reference 2 2.2 Act 2 2.3 Articles of Incorporation 2 2.4 Assessment 2 2.5 Association 2 2.6 Building Envelope 2 2.7 Bylaws 2 2.8 Common Elements 3 2.9 Common Expenses 3 2.10 Declarant 4 2.11 Declaration 4 2.12 Deed of Trust 4 2.13 Development Guidelines 4 2.14 Eligible First Mortgagee 4 2.15 First Mortgagee 4 2.16 Improvements 4 2.17 Lot 5 2.18 Member 5 2.19 Mortgage 5 2.20 Mortgagee 5 2.21 Mortgagor 5 2.22 Occupant 5 2.23 Owner 5 2.24 Person 6 2.25 Plat 6 2.26 Property 6 2.27 Rules and Regulations 6 \\Hal\1\M B\ Lake Springs Ranch Owners Association\Declaration for PUD - v2.3.wpd • • 3 DESCRIPTION OF PLANNED COMMUNITY 6 3.1 Lots 6 3.2 Lot Legal Description 6 3.3 Allocated Interests . 7 3.4 Agricultural Reserve 7 4 COMMON ELEMENTS 7 4.1 Use and Enjoyment of Common Elements 7 4.2 Association Regulation of Use of Common Elements 8 4.3 Association to Operate and Maintain Common Elements 8 4.4 No Partition of Common Elements 8 4.5 Owner Liability for Owner or Occupant Damage to Common Elements 8 4.6 Damage or Destruction to Common Elements 9 4.7 Condemnation of Common Elements 9 4.8 Title to Common Elements Upon Dissolution of Association 9 4.9 Mechanic's Liens on Common Elements 9 4.10 Reservation of Excess Capacity in Water System 10 5 EASEMENTS 10 5.1 Recorded Easements 10 5.2 Owner's Easements 10 5.3 Emergency Access Easement 10 5.4 Utility Easements 10 5.5 Common Access Easements 11 5.6 Easements for Incidental Encroachments 11 5.7 Maintenance Easement 11 5.8 Drainage Easement 12 5.9 Construction Easement 12 5.10 Easements Deemed Created 12 6 THE ASSOCIATION 12 6.1 Association 12 6.2 Association Executive Board 12 6.3 Membership 12 6.4 Required Compliance 13 6.5 Voting Rights of Members 13 6.6 Authority 13 6.7 Powers 13 6.8 Obligations 13 6.9 Water System 13 6.11 Limited Liability 14 6.12 Declarant Control 14 \\Hal\1\M B\ Lake Springs Ranch Owners Association\Declaration for PUD - v2.3.wpd • • 7 ASSESSMENTS 14 7.1 Assessments 14 7.2 Annual Assessments 14 7.3 Apportionment of Assessments 15 7.4 Special Assessments 15 7.5 Default Assessments 15 7.6 Payment of Assessments 15 7.7 Creation of Association Lien and Personal Obligation to Pay Assessments 15 7.8 Effect of Non -Payment of Assessments 16 7.9 Open Space and Wildlife Conservation Fund 16 7.10 Working Fund 17 8 PROPERTY USE RESTRICTIONS 17 8.1 General Restriction 17 8.2 Limited Business Activities 17 8.3 Construction and Alteration of Improvements 17 8.4 Compliance With Laws 18 8.5 Nuisance 18 8.6 No Hazardous or Unsafe Activities 18 8.7 Prohibition of Increases in Insurable Risks 18 8.8 Prohibition against Damage or Waste 18 Vehicles 18 8.11 No Firearms or Hunting 19 8.12 Service Facilities 19 8.13 Maintenance of Landscaping 19 8.14 Natural Vegetation Preservation 19 8.15 Animals and Pets 19 8.16 Signs 21 8.17 Solid Waste 21 8.18 Outside Burning 21 8.19 Dust Control 21 8.20 Noise 21 8.21 Odor 21 8.22 Lighting 21 8.23 Wells 22 8.24 Minerals 22 8.25 Excavation or Fill 22 8.26 Drainage and Erosion Control 22 8.27 Vegetation and Noxious Weed Control and Management 22 8.27.1 Prevention and Control 22 8.27.2 Inventory 23 8.27.3 Eradication 23 8.27.4 Owner Responsibility 23 \\Hal\1\M B1Lake Springs Ranch Owners Association\Declaration for PUD - v2.3.wpd • • 8.28 Wildlife Protection Restrictions 23 8.29 Geotechnical Restrictions 24 9 DEVELOPMENT REVIEW 25 9.1 Development Guidelines 25 9.2 Development Review Committee 25 9.3 Meetings and Action of Development Review Committee 26 9.4 Pre -submission Conference 26 9.5 Development Review 26 9.6 Development Review Expenses 27 9.7 Decision of Committee 27 9.8 Prosecution and Completion of Work After Approval 27 9.9 Limitation of Liability 28 10 CONSTRUCTION AND ALTERATION OF IMPROVEMENTS 28 10.1 General 28 10.2 Approval Required 28 10.3 Underground Utility Lines 28 10.4 Size Restrictions of Dwellings 29 10.5 Specific Requirements for Dwellings 29 10.6 Fireplaces and Stoves 29 10.7 Wildfire Prevention 29 10.8 Fences and Hedges 29 10.9 Landscaping 29 10.10 Removal of Nonconforming Improvements 30 11 MAINTENANCE 30 11.1 Owner's Maintenance Responsibility 30 11.2 Owner's Negligence 31 11.3 Association's Maintenance Responsibility 31 12 INSURANCE 31 12.1 Owner's Insurance Responsibility 31 12.2 Association's Insurance Responsibility 31 12.3 Coverage 31 12.4 Required Provisions 31 12.5 Adjustment of Claims 32 12.6 Copies of Policies 32 13 RESERVATION OF DEVELOPMENT RIGHTS 32 13.1 Development and Withdrawal Rights 32 13.2 Construction Easement 33 13.3 Reciprocal Easements 33 13.4 Termination of Development Rights 33 \\Hal\1\M B\ Lake Springs Ranch Owners Association\Declaration for PUD - v2.3.wpd • • 13.5 Interference with Development Rights 34 13.6 Transfer of Development Rights 34 14 SPECIAL DECLARANT RIGHTS 34 14.1 Special Declarant Rights 34 14.1.1 Use of Property During Construction 34 14.1.2 Exercise of Development Rights 34 14.1.3 Sales, Management and Marketing 34 14.1.4 Construction Easements 35 14.1.5 Control of Association and Executive Board 35 14.1.6 Amendment of Declaration 35 14.1.7 Amendment of Plat 35 14.1.8 Signs 35 14.1.9 Post -Sales 35 14.2 Additional Reserved Rights 35 14.2.1 Dedications 35 14.2.2 Easement Rights 35 14.2.3 Other Rights 35 14.3 Limitations on Special Declarant Rights and Additional Reserved Rights 35 14.4 Interference with Special Declarant Rights 36 14.5 Rights Transferable 36 15 MORTGAGEE PROTECTIONS 36 15.1 Introduction 36 15.2 Percentage of First Mortgagees 36 15.3 Notice of Actions 36 15.4 Consent Required 36 15.5 Notice of Objection 37 15.6 First Mortgagees' Rights 37 15.6.1 Advances 37 15.6.2 Cure Rights 37 15.7 Limitations on First Mortgagee's Rights 37 15.8 Special Declarant Rights 38 16 ENFORCEMENT OF DECLARATION 38 16.1 Violation Deemed a Nuisance 38 16.2 Compliance 38 16.3 Who May Enforce 38 16.4 Enforcement 38 16.5 Nonliability 38 16.6 Recovery of Costs 38 17 MISCELLANEOUS PROVISIONS 38 \\Hal\t\M B\ Lake Springs Ranch Owners Association\Declaration for PUD - v2.3.wpd • 1 17.1 Severability 39 17.2 Construction 39 17.3 Third Party Beneficiary 39 17.4 Condemnation 39 17.5 Headings 39 17.6 Conflicts in Legal Documents 39 17.7 No Public Use Dedication 39 17.8 Notices 39 17.9 Waiver or Delay in Enforcement 40 17.10 Choice of Law and Jurisdiction 40 18 DURATION OF COVENANTS AMENDMENT AND TERMINATION 40 181 Term 40 18.2 Amendment of Declaration 40 18.2.1 Reserved Amendment Rights 40 18.2.2 General Amendments 41 18.2.3 Special Amendments 41 18.3 Execution of Amendments: Expenses 41 18.4 When Modifications Permitted 41 18.5 Recording of Amendments 41 18.6 Termination of the Planned Community 41 • • DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR LAKE SPRINGS RANCH PUD, FILING 1 THIS DECLARATION FOR Lake Springs Ranch PUD, Filing 1, to be effective upon its recordation, is made by The Berkeley Family Limited Partnership, a Colorado Limited Partnership ("Declarant") as the owner of certain real property located in the County of Garfield, Colorado, (the "Property") and more particularly described on Exhibit "A" annexed hereto and incorporated herein by this reference. 1 STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS 1.1 Purpose. The purpose of this Declaration is to create a common interest community for the Property, to be known as Lake Springs Ranch PUD, Filing 1 (the "Planned Community") by submitting the Property to the provisions of the Colorado Common Interest Ownership Act, Sections 38-33.3-101, et seq., Colorado Revised Statutes, as amended from time to time (the "Act"). 1.2 Declarant's Intent. Declarant intends to preserve and protect the value, desirability and attractiveness of the Property, to restrain and minimize future impairment or deterioration of the Property and to promote and safeguard the health, comfort, enjoyment, safety, convenience and welfare of persons acquiring an interest in the Property. 1.3 Declaration. Therefore, Declarant hereby submits the Property, including all improvements, appurtenances and facilities relating to or located on the Property now and in the future, as a Planned Community under the Act, and hereby declares, makes, imposes and establishes the following covenants, conditions, restrictions, reservations, easements and other provisions (collectively the "Declaration"), upon all of the Property, which from this day forward shall be held, sold, conveyed, encumbered, leased, rented, occupied and improved, subject to this Declaration. 1.4 Covenants to Run with the Land. All provisions of this Declaration shall be covenants running with the land, or as equitable servitudes, as the case may be. The benefits, burdens and other provisions contained in this Declaration shall be binding upon and inure to the benefit of all persons or entities having any right, title, or interest in all or any part of the Property, including Declarant, all Owners and their respective heirs, executors, administrators, personal representatives, successors, assigns, families, tenants, guests, employees, contractors, agents, licensees and invitees. 1.5 Association. Declarant has created the Lake Springs Ranch Owners Association, a Colorado nonprofit corporation, its successors and assigns (the "Association") to 1 AFTER RECORDING, RETURN TO: John R. Schenk, P.C. 302 Eighth Street, Suite 310 Glenwood Springs, CO 81601 • • manage the affairs of the Planned Community. The Association shall serve as the governing body of the Owners, shall hold title to that portion of the real estate within the Planned Community not located within Lots, shall protect, improve, repair, administer, operate, maintain and preserve the Common Elements, shall administer and enforce this Declaration, including, without limitation, collecting and disbursing the assessments and charges created under this Declaration. 2 DEFINITIONS 2.1 Definition Reference. The definitions set forth in Section 38-33.3-103 of the Act shall be used to interpret the provisions of this Declaration. The terms enclosed with quotation marks which appear throughout this Declaration shall be used as abbreviations for the referenced item when the item appears elsewhere in this Declaration. All definitions set forth in this Declaration shall supplement the definitions in the Act and in the event of conflict between the definitions provided in this Declaration and the Act, the Act shall control. 2.2 Act. "Act" shall mean the Colorado Common Interest Ownership Act as provided in C.R.S. 38-33.3-101, et seq., as the same may be amended from time to time. 2.3 Articles of Incorporation. "Articles of Incorporation" or "Articles" means the Articles of Incorporation of Lake Springs Ranch Owners Association, which have been or will be filed in the office of the Secretary of State of the State of Colorado, and as the same may be amended from time to time. 2.4 Assessment. "Assessment" means an Annual Assessment, Special Assessment or Default Assessment, all of which shall be a Common Expense Liability as defined by the Act. 2.5 Association. "Association" means the Lake Springs Ranch Owners Association, a Colorado nonprofit corporation, its successors and assigns. 2.6 Building Envelope. "Building Envelope" means that portion of each Lot which is depicted and designated as the Building Envelope on a Plat. All structural Improvements shall be located within the Building Envelope on a Lot, except that driveways, walks, pathways, other similar features, fences, underground utilities, irrigation and drainage systems, and landscaping may be located outside the Building Envelope. 2.7 Bylaws. "Bylaws" means the Bylaws of the Association which have been or will be adopted by the Executive Board of the Association, as the same may be amended from time to time. 2 • • 2.8 Common Elements. "Common Elements" means all portions of the real estate in the Property owned by the Association other than Lots including all Improvements and amenities and personal property thereon or associated therewith, which shall be held by the Association for the use, enjoyment and benefit of the Owners. The Common Elements include, but are not limited to, (I) all portions of the Property designated in this Declaration, or any Supplemental Declaration or on a Plat or any Supplemental Plat as Common Area, (ii) all easements created or reserved on any Plat or Supplemental Plat, or in this Declaration or in any Supplemental Declaration, or in any separate agreement, for the use and benefit of the Association, and (iii) any water rights, ditch rights and/or water production, treatment, storage and delivery facilities (or interests therein) that may be owned by the Association or which the Association may be entitled to use. 2.9 Common Expenses. "Common Expenses" means any expenditures made or liabilities incurred by or on behalf of the Association, together with any allocations to reserves, including, but not limited to the following: (a) Costs of maintenance, management, operation, repair and replacement of the Common Elements; (b) Costs of Improvements constructed from time to time by the Association on the Common Elements; (c) Costs of maintaining the utility systems owned by the Association and the costs of making capital repairs and replacements therein; (d) Costs of management and administration of the Association, including, but not limited to, compensation paid by the Association to managers, accountants, attorneys and employees; (e) Costs of utilities and services (including, but not limited to, treated or untreated water, electricity, gas, sewer, trash pick-up and disposal and recycling), which are provided to the Association or the Planned Community and not individually metered or assessed to Lots, landscaping maintenance, and other services which generally benefit and enhance the value and desirability of the Planned Community and which are provided by or on behalf of the Association; (f) Insurance premiums on policies maintained by the Association as required or permitted herein; (g) Reasonable reserves for contingencies, replacements and other proper purposes as deemed appropriate by the Executive Board to meet anticipated costs and expenses including, but not limited to, maintenance, repair and replacement of those capital items owned by the Association which must be maintained, repaired or replaced on a periodic basis; (h) Costs of bonding the members of the Executive Board, the officers of the Association, any professional managing agent or any other Person handling the funds of the Association; (i) Taxes paid by the Association; (j) Unpaid Assessments; 3 • • (k) Amounts paid by the Association for discharge of any lien or encumbrance levied against the Common Elements; (I) Costs incurred by the Development Review Committee, and by any other committees that may be established from time to time by the Executive Board; (m) Other expenses reasonably incurred by the Association for any reason whatsoever in connection with the Common Elements, or the costs of any other item or service provided or performed by the Association pursuant to this Declaration, the Articles or Bylaws of the Association, applicable Rules and Regulations, or the Development Guidelines, or in furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association. 2.10 Declarant. "Declarant" means The Berkeley Family Limited Partnership, a Colorado Limited Partnership, its successors and assigns. A person shall be deemed to be a "successor and assign" of Declarant if specifically designated as such in a duly recorded instrument but only as to the expressly designated matters contained in such an instrument. 2.11 Declaration. "Declaration" means this instrument, together with any supplement or amendment and any other recorded instrument however denominated, that exercises a Development Right, executed and recorded by Declarant. The term Declaration includes all Plats recorded with this Declaration and all amendments and supplements to such Plats without specific reference thereto. 2.12 Deed of Trust. "Deed of Trust" means a Deed of Trust or a Mortgage. 2.13 Development Guidelines. "Development Guidelines" means the rules, procedures, standards, guidelines and requirements promulgated from time to time by the Development Review Committee, and all amendments thereto, governing the review and approval or disapproval of proposed Improvements within the Planned Community. 2.14 Eligible First Mortgagee. "Eligible First Mortgagee" means a First Mortgagee that has notified the Association in writing of its name and address and status as a First Mortgagee and has requested that it receive mortgagee protection notices as provided in this Declaration. 2.15 First Mortgagee. "First Mortgagee" means a holder of a mortgage on a Lot which is the first and most senior of the Mortgages on such Lot. 2.16 Improvements. "Improvements" means any improvements, structural or otherwise, alterations, additions, repairs, excavation, grading, landscaping or other work which in any way alter any property within the Planned Community, or the improvements 4 • • located thereon, from its natural or improved state existing on the date this Declaration was recorded, including, but not limited to, dwelling units, buildings, outbuildings, additions, swimming pools, patio covers, awnings, the painting or other change of any exterior surfaces of any visible structure, walkways, outdoor sculptures or artwork, sprinkler or irrigation systems, garages, carports, roads, driveways, parking areas, ponds, ditches, fences, screening walls, retaining walls, stairs, decks, flag poles, fixtures, landscaping (including the addition, alteration or removal of any tree, shrub or other vegetation), hedges, windbreaks, plantings, planted trees and shrubs, gardens, poles, signs, tanks, solar equipment, wind harnessing or other energy generating equipment, exterior air conditioning, water softener fixtures, utilities, antennae and satellite dishes or receivers. Once an Improvement has been constructed or accomplished on a property within the Planned Community, any subsequent alteration of or addition to or removal of that Improvement shall also constitute an "Improvement" hereunder. "Improvements" do not include repairs or alterations which do not change exterior colors or exterior appearances. 2.17 Lot. "Lot" means any part of the Property which is designated as a Lot upon a Plat, together with all Improvements thereon and appurtenances thereto. For purposes of conforming the terms and provisions of this Declaration to the terms and conditions of the Act, the term "Lot" as used in this Declaration shall be analogous to the terms "Unit" as that term is defined in the Act. 2.18 Member. "Member" means each Lot or Unit Owner, including Declarant. 2.19 Mortgage. "Mortgage" means any mortgage, deed of trust or other security instrument, given voluntarily by the Owner of a Lot, creating a real property security interest in a Lot and duly recorded in the records of the Clerk and Recorder of Garfield County. The term "Mortgage" does not mean a statutory, tax or judicial lien. The term "Deed of Trust" when used herein shall be synonymous with the term "Mortgage." 2.20 Mortgagee. "Mortgagee" means a mortgagee under a Mortgage or a beneficiary under a Deed of Trust, as the case may be, and the assignees of such Mortgagee. 2.21 Mortgagor. "Mortgagor" means the maker, obligor or grantor of a Mortgage. The term "Mortgagor" includes a trustor or grantor under a Deed of Trust. 2.22 Occupant. "Occupant" means any Person who is present within the Planned Community as a family member, tenant, servant, employee, agent, licensee, guest or invitee of an Owner. 2.23 Owner. "Owner" means the Person, including Declarant, or, if more than one, all Persons collectively, who hold fee simple title of record to a Lot, (including contract 5 • • sellers but excluding contract buyers) but excluding any Person holding only a security interest in a Lot unless and until such Person has acquired fee simple title to the Lot. The term "Owner" shall be analogous to the term "Unit Owner", as that term is defined in the Act. 2.24 Person. "Person" means a natural person, a corporation, a partnership, a limited liability company, an association, a trust, or any other legal entity or any combination thereof. 2.25 Plat. "Plat" means the Final Plat of Lake Springs Ranch, Filing 1,as recorded , 2004, at Reception No. in the Office of the Clerk and Recorder of Garfield County, Colorado, as said Final Plat may be amended from time to time. By this reference, said Final Plat is incorporated in this Declaration . Inasmuch as the Property will be platted and developed in phases, the term "Plat" also means any supplemental plat recorded by Declarant and all recorded amendments thereto. 2.26 Property. "Property" means the real property described on the attached Exhibit "A" 2.27 Rules and Regulations. "Rules and Regulations" means written standards adopted, amended, supplemented, suspended, repealed and otherwise promulgated from time to time by the Executive Board, as provided by this Declaration for the management, preservation, safety, control and orderly operation of the Planned Community in order to effectuate the intent and to enforce the obligations set forth in this Declaration. 3 DESCRIPTION OF PLANNED COMMUNITY 3.1 Lots. The Property is hereby divided into a maximum of 21 single family Lots and the balance of the Property shall be allocated to the Common Elements, including an Agricultural Reserve. All Lots shall be developed for residential purposes only in conformance with this Declaration. Such multi -family Lots may be owned in the form of condominium, townhouse or apartment ownership and upon such development, each separate residence shall constitute a Lot under this Declaration. Identification numbers and boundaries of each Lot shall be shown on the Plat, or Supplemental Plats, depicting each Lot as surveyed. 3.2 Lot Legal Description. Subsequent to the recording of this Declaration and the Plat, contracts to convey, instruments of conveyance, and all other instruments affecting title to a Lot shall be in substantially the following form, subject to such changes or other provisions as may be required by any law, practice or usage: Lot , Lake Springs Ranch, Filing 1, according to the Plat recorded , 200, as Reception No. 6 • • and the Declaration of Covenants, Conditions, Restrictions and Easements for Lake Springs Ranch, Filing 1, recorded , 200, as Reception No. in the office of the Clerk and Recorder of Garfield County, Colorado. Every instrument of conveyance, security interest or other document affecting the title to a Lot which legally describes the Lot substantially in the manner stated above shall be construed to include the Lot, all fixtures and improvements contained in such Lot and to incorporate all rights, powers, duties and liabilities incident to the ownership of a Lot described in this Declaration. 3.3 Allocated Interests. The Common Expense Liability of each Lot shall be determined by dividing the total number of Lots which have been described on a final plat duly recorded as of the date of calculation into 1 (e.g. 1/200 Lots = .005) and the result then multiplied by the applicable Common Expenses or Assessment to determine each Lot's share of the same. For the purpose of determining votes in the Association, each Lot shall be allocated one vote. 3.4 Agricultural Reserve. The Agricultural Reserve depicted on the Plat is reserved to Declarant for agricultural activities and pursuits including the cultivation of agricultural crops and rearing of livestock for profit. No Owner shall have any right in or power with respect to the Agricultural Reserve, the use and enjoyment of which is reserved exclusively to Declarant. Inasmuch as it is the declared policy of the State of Colorado to conserve, protect and increase the development and improvement of agricultural lands for the production of agricultural products, and a portion of the Property will remain in agricultural production for an indefinite period of time, all Owners are charged with notice that certain portions of the Property are agricultural lands upon which agricultural operations have been continuing for more than one (1) year prior to the date of recordation of this Declaration. In accordance with applicable Colorado law, no such agricultural operations shall be deemed a private or public nuisance by reasons of development of the Property or any other changed condition in or about the vicinity of the agricultural operation, except in the case of (a) the negligent operation of the age icultural use, (b) a change of the agricultural operation which would result in a private or public nuisance, or © upon a substantial increase in the size of the agricultural operation. 4 COMMON ELEMENTS 4.1 Use and Enjoyment of Common Elements. Except as otherwise provided in this Declaration, each Owner shall have the non-exclusive right to use and enjoy the Common Elements in common with all other Owners for all purposes for which such Common Elements were established, and as required for purposes of access and ingress to and egress from Owner's Lot or Common Elements available for the Owner's use. This right to use and enjoy the Common Elements shall extend to 7 • • each Owner and Occupant and shall be appurtenant to each Lot, subject at all times to the provisions of this Declaration (including Declarant's reserved rights hereunder), the Articles, Bylaws and Rules and Regulations. No Owner or Occupant shall place any structure upon the Common Elements, nor shall any Owner or Occupant engage in any activity which will temporarily or permanently impair free and unobstructed access to all parts of the Common Elements by all Owners. 4.2 Association Regulation of Use of Common Elements. The Association, acting through the Executive Board, shall have the right and authority to regulate the use of the Common Elements by the promulgation, enforcement and interpretation from time to time of such Rules and Regulations as the Association considers necessary or appropriate for the protection and preservation of the Common Elements and the enhancement of the use and enjoyment thereof by the Owners and Occupants. Such Rules and Regulations may include, without limitation, restrictions on uses of the Common Elements for environmental preservation purposes such as protection and enhancement of wildlife corridors, winter wildlife ranges and natural wildlife habitat. The Association, acting through the Executive Board, may suspend the right of any Member Not in Good Standing to use and enjoy the Common Elements. A "Member Not in Good Standing" means a Member who is delinquent in the payment of Assessments or is in violation of the terms and provisions of this Declaration, the Articles, Bylaws, Rules and Regulations or the terms and provisions of any approvals granted by the Development Review Committee. 4.3 Association to Operate and Maintain Common Elements. The Association shall operate and maintain the Common Elements in good condition and shall repair and replace as necessary, roads, the domestic water system, irrigation facilities, drainage structures and other Improvements on the Common Elements. The Association shall construct, alter and remove such Improvements and landscaping upon the Common Elements as the Association in its discretion considers necessary, desirable or appropriate from time to time, and shall do all such other and further acts which the Executive Board deems necessary or appropriate to preserve, protect and enhance the Common Elements in accordance with the general objectives for the Planned Community as reflected in this Declaration. The Association shall adopt and implement effective control and management of noxious weeds which appear on the Common Elements. 4.4 No Partition of Common Elements. No Owner or other Person shall have any right to partition or to seek the partition of the Common Elements or any part thereof. 4.5 Owner Liability for Owner or Occupant Damage to Common Elements. Each Owner shall be liable to the Association for any damage to Common Elements or for any expense, loss or liability suffered or incurred by the Association in connection with the Common Elements arising from (a) the negligence or willful Wie111,/r1 El,. Springs liancil Owners Ansociellon1Peclarst,on for Pl., v2 *Dal 8 • • misconduct of such Owner or of any Occupant of such Owner, or (b) any violation by such Owner or any Occupant of such Owner of any law, regulation, or code, including without limitation any environmental law, or of any provisions of this Declaration or the Rules and Regulations relating to the Common Elements. Each Owner shall indemnify, defend and hold the Association harmless from any loss, damage, expense or liability arising from the circumstances described in subparts (a) or (b) immediately above. The Association shall have the power to levy and collect a Default Assessment against an Owner to recover the costs, expenses, damages, losses or liabilities incurred by the Association as a consequence of any such negligence, wilful misconduct or violation. 4.6 Damage or Destruction to Common Elements. In the event of damage to or destruction of the Common Elements, including Improvements thereon, by fire or other casualty, the Association shall repair or replace the same in accordance with the provisions of this Declaration. 4.7 Condemnation of Common Elements. If any Common Elements or part thereof or interest therein is taken under exercise of the power of eminent domain or by purchase in lieu thereof, the portion of any award in condemnation or the price payable for the deed in lieu that is attributable to the Common Elements taken or purchased shall be paid to the Association. The Association shall have the exclusive right to participate in such condemnation proceedings and to represent the interests of all Owners and other interested Persons therein. Any award or funds received by the Association shall be held by the Association as a reserve for future maintenance, repair, reconstruction, or replacement of Common Elements or may be used for Improvements or additions to or operation of Common Elements or for such other uses as may be deemed appropriate by the Executive Board. Except as may otherwise be provided by the Act, no Owner or other Person shall be entitled to participate as a party or otherwise in any condemnation proceedings nor to receive any proceeds therefrom. 4.8 Title to Common Elements Upon Dissolution of Association. In the event of dissolution of the Association, the Common Elements shall, to the extent permitted by law and reasonably possible, be conveyed or transferred to an appropriate public, governmental or quasi governmental agency or organization or to a nonprofit corporation, association, trust, or other organization, to be used, in any such event, for the common benefit of Owners for the purposes for which the Common Elements were held by the Association. If the foregoing is not possible, the Common Elements shall be sold or disposed of and the proceeds from the sale or disposition shall be distributed to Owners in proportion to each Owner's Allocated Interest in the Common Expenses of the Association. 4.9 Mechanic's Liens on Common Elements. Declarant shall be responsible fo; the release of mechanics' liens filed with respect to Common Elements, or any part 1,1a1,1W .Laka Springs Ranch Owners Associstion.sclarellpn for PUO v2.3 repa 9 • • thereof, if such liens arise from labor performed or materials furnished at the instance of Declarant, its agents, contractors or subcontractors. Likewise, the Association shall be responsible for the release of mechanics' liens filed with respect to Common Elements, or any part thereof, if such liens arise from labor performed or materials furnished at the instance of the Association, its directors, officers, agents, contractors or subcontractors. No labor performed or materials furnished with respect to a Lot at the instance of the Owner shall be the basis for filing a lien against the Common Elements. No labor performed or materials furnished with respect to the Common Elements at the instance of the Executive Board shall be the basis for filing a lien against any Lot. 4.10 Reservation of Excess Capacity in Water System. To the maximum extent and duration permitted by law, Declarant reserves the right to use excess capacity of the water system, water and water rights, well and well rights, ditch and ditch rights, pumps, tanks, pipelines and other equipment, fixtures and water supply facilities necessary for the exercise of any existing or subsequently decreed water rights or augmentation plans together with any easements necessary for the utilization of the same and to add to such water system or water rights as Declarant deems appropriate, to amend or change any water court decree, and to substitute water source or amount of water in any water right as may be subsequently decreed. The utilization of such excess capacity shall be limited to the Property, including without limitation agricultural operations of Declarant. 5 EASEMENTS 5.1 Recorded Easements. The Property shall be subject to all easements shown on the Plat and to any other easements of record as of the date of the recordation of this Declaration. 5.2 Owner's Easements. Each Owner shall have an easement of enjoyment in the Common Elements, subject to the limitations set forth in this Declaration, which shall be appurtenant to and shall pass with the title to each Lot, including the right of access to and from such Owner's Lot. 5.3 Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance and all other similar emergency agencies or persons to enter upon the Property in the proper performance of their duties. 5.4 Utility Easements. Declarant reserves to Declarant and hereby grants to the Association general non-exclusive easements upon, across, over, in and under the Common Elements and those portions of Lots not contained within a Building Envelope. Such easements may be used for ingress and egress and for installation, replacement, repair and maintenance of all utilities, including but not limited to water, sewer, gas, telephone, television and electrical systems. By virtue 10 • • of this Easement, it shall be expressly permissible and proper for the companies providing electrical, telephone and other communication services to install and maintain necessary electrical, communications and telephone wires, circuits, and conduits in any the easement. No utility shall be installed or relocated on the surface of any Lot, except for necessary surface facilities. Such utilities may be installed temporarily above ground during construction. Any utility company using this general easement shall use its best efforts to install and maintain the utilities provided for without disturbing the uses of the Owners, the Association and Declarant; shall pursue its installation and maintenance activities as promptly and expeditiously as possible; and shall restore the surface to its original condition when possible after completion of its work. Should any utility company furnishing a service covered by this general easement request a specific easement by separate recordable document, either Declarant or the Association shall have, and are hereby given, the right and authority to grant such easement upon, across, over or under any part of the Property without conflicting with the terms of this Declaration. This general easement shall in no way affect, avoid, extinguish or modify any other recorded easement on the Property. All service connections to (including transformers) primary utility lines serving each Lot shall be the responsibility of the Owner. 5.5 Common Access Easements. In the event a common driveway provides access to more than one Lot, Declarant hereby grants to the Owners of the Lots served by such common access way, a nonexclusive easement for ingress and egress purposes over in across those portions of such Lots which are used for such driveway. No Owner enjoying such a shared access way shall hinder or prevent reasonable access by any other Owner. 5.6 Easements for Incidental Encroachments. If any portion of an Improvement constructed within the Common Elements (for example, any portion of a road) encroaches on any Lot, including anyfuture encroachments arising or resulting from the repair or reconstruction of an Improvement, a valid easement on the surface and for subsurface support below such surface and for the maintenance of same, so long as it stands, shall and does exist for such incidental encroachment. 5.7 Maintenance Easement. An easement is hereby reserved to Declarant and granted to the Association upon, across, over, in and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to this Declaration or the Act, including the right to enter upon any Lot for the purpose of performing maintenance or repair of any utility service, including without limitation, any actions in respect to the water distribution system. Reasonable efforts shall be made to use this easement so as minimize the disturbance of any affected Owner by prosecuting any necessary work promptly and expeditiously, limiting interference with existing Improvements; and 11 r • restoring any affected areas to the condition existing before the work as soon as possible following such work. 5.8 Drainage Easement. An easement is reserved to Declarant and granted to the Association, its officers, agents, employees, successors and assigns to enter upon, across, over, in and under any portion of the Property for changing, correcting or otherwise modifying any existing drainage channels on the Property to protect the historic drainage pattern of water. 5.9 Construction Easement. An easement is reserved to Declarant for construction purposes on the Common Elements including, without limitation, the right of traverse and storage of materials and equipment, as may be necessary or incidental to the construction of Improvements on the Property. 5.10 Easements Deemed Created. All conveyances of any part of the Property made after the date of this Declaration, whether by Declarant or otherwise, shall be construed to grant and reserve the easements contained in this Article though no specific reference to such easements or to this Declaration appears in the instrument for such conveyance. 6 THE ASSOCIATION 6.1 Association. The Association has been formed as a Colorado nonprofit corporation under the Colorado Nonprofit Corporation Act to manage the affairs of the Planned Community. The Association shall serve as the governing body for all of the Owners for the protection, improvement, alteration, maintenance, repair, replacement, administration and operation of the Common Elements, the levying and collection of Assessments for Common Expenses, and such other matters as may be provided in this Declaration, the Articles, Bylaws, and Rules and Regulations. The Association shall not be deemed to be conducting a business of any kind, and all funds received by the Association shall be held and applied by it for the Owners in accordance with the provisions of this Declaration, the Articles and the Bylaws. 6.2 Association Executive Board. The affairs of the Association shall be managed by an Executive Board. The number, term, and qualifications of the members of the Executive Board shall be fixed in the Articles of Incorporation or the Bylaws. 6.3 Membership. Every person, by virtue of being a Owner and while such person is a Owner, shall be a member of the Association and shall remain a member for the period of the Owner's ownership of a Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. No Owner, whether one or more persons or entities, shall have more than one membership per Lot owned, but all of the persons or entities owning a Lot shall be entitled to rights of membership and 12 • • use and enjoyment appurtenant to such ownership. Declarant shall hold a Membership in the Association for each Lot owned by Declarant. 6.4 Required Compliance. The benefits and burdens of membership in the Association touch and concern the Property and shall be covenants running with each Lot for the benefit of all other Lots. Each Owner shall adhere to and benefit from the obligations contained in the Association's Articles, Bylaws and adopted resolutions. 6.5 Voting Rights of Members. Each Lot in the Planned Community shall be entitled to one (1) vote in the Association, i.e., one (1) vote per Owner/Member. 6.6 Authority. The business affairs of the Planned Community shall be managed by the Executive Board of the Association (herein the "Executive Board"), which shall be governed by the Association's Articles of Incorporation, Bylaws and this Declaration, as the same may be amended from time to time. The Executive Board may adopt, amend, supplement, suspend, repeal and otherwise promulgate Rules and Regulations for the use of the Common Elements, easements, roads and access ways, central water system, and general management, preservation, safety, control and orderly operation of the Planned Community. 6.7 Powers. The Association shall have all of the powers, authority and duties necessary to manage the business and affairs of the Planned Community and the Association, express or implied, as permitted under applicable law including without limitation, the relevant provisions of the Act as well as the Colorado Nonprofit Corporation Act, as such laws may be amended from time to time, subject only to the limitations upon such powers as are contained in this Declaration. More specifically, and without limiting the generality of the foregoing, the Association shall have all of the powers and duties necessary (I) for the administration, maintenance, management, governance and operation of the Planned Community and the Association and (ii) to own, operate, improve, maintain, repair, manage, lease, encumber, and otherwise deal with the Common Elements. 6.8 Obligations. The Association shall perform all duties and obligations expressly imposed upon it by this Declaration, the Act and the Colorado Nonprofit Corporation Act or implied by an express provision in this Declaration. The Association shall accept title to any real property, including without limitation, water rights, as well as any Improvements and personal property thereon including water systems and related facilities transferred to the Association by Declarant. 6.9 Water System. The Association shall own, operate and maintain the potable water supply system for the Planned Community. Water service to each Lot shall be metered by devices approved by the Association, which devices shall be installed and maintained at the sole cost of the Owner. The Association shall establish 13 • • potable water service rate schedules sufficient to pay all costs and expenses of administering, operating, maintaining, improving and preserving the central water system including all water rights associated therewith. The Association shall have the power to charge and collect water service fees from Owners benefitted by such service. The Association shall adopt, supplement and amend Water Service Rules and Regulations for the provision of potable water service to Owners, which shall include the power to terminates water service to any Lot for nonpayment all service charges. In addition, water service charges to a Lot shall be a personal obligation of the affected Owner and treated as an Assessment under the provisions of this Declaration. The Association shall comply with and, with respect to the Owners, be empowered to enforce all regulations promulgated by the Colorado Department of Public Health and Environment and any other governmental agency having jurisdiction over the water supply system, including without limitation, the prevention all of hazardous cross connections. Each Lot shall be limited to not more than 2,500 square feet of outside lawn and garden irrigated area. 6.10 Well Monitoring. The Association shall participate with other land owners in the Spring Valley area in a ground water monitoring program to monitor water levels in the Spring Valley Aquifer, as described in the Memorandum dated December 6, 2000, authored by Anne Castle and Chris Thorne of Holland & Hart a copy of which is available at the Association's offices. 6.11 Limited Liability. The Association, the members of the Executive Board, members of the Development Review Committee and the Association's officers shall not be liable to any Owner or Occupant or to any other Person for any act or omission except for wanton and willful acts or omissions. 6.12 Declarant Control. Declarant shall have all the powers reserved in Section 38- 33.3-303(5) of the Act to appoint and remove officers and members of the Executive Board to the full extent and for the maximum period of time stated in the Act. 7 ASSESSMENTS 7.1 Assessments. The Association shall levy annual, special and default assessments ("Assessments") pursuant to this Declaration for the purpose of payment of Common Expenses. 7.2 Annual Assessments. The Association shall levy annual Assessments based upon the budget of the Association's anticipated cash requirements for Common Expenses of the Planned Community as required by the Act and this Declaration for the coming fiscal year. Any surplus funds of the Association remaining after payment of or provision for Common Expenses and any prepayment of or provision for reserves shall be credited to the Owners in proportion to their Common Expense 14 • • Liability or credited to them to reduce their future Assessments for Common Expenses. 7.3 Apportionment of Assessments. The total annual Assessments for any fiscal year of the Association shall be allocated and assessed against Lots based on dividing the total number of platted Lots into one (1); e.g. 1/210 = .004762 subject to: (a) any Common Expenses which are separately metered or are assessed to the Lots by third parties, (b) Common Expenses or portions thereof benefitting fewer than all of the Lots which shall be assessed exclusively against the Lots benefitted, © any increased cost of insurance based upon risk which shall be assessed to Lots in proportion to the risk, and (d) any Common Expense caused by the misconduct of any Owner, which may be assessed exclusively (or on such other equitable basis as the Executive Board shall determine) against such Owner. All such allocations of Common Expense Liability to Lots on a basis other than the Lots' percentage of Common Expense Liability shall be made in writing by the Executive Board. 7.4 Special Assessments. In addition to the annual Assessments authorized above, the Executive Board may, at any time and from time to time, levy and assess in any fiscal year a special Assessment for the purpose of defraying, in whole or in part, unbudgeted costs, fees and expenses of any construction, reconstruction, repair, removal, replacement, renovation or other maintenance of the Common Elements in the Planned Community. Amounts levied and assessed pursuant to this Section shall be assessed to the Lots in the proportions set forth above. 7.5 Default Assessments. All costs of enforcement of this Declaration which costs are incurred with respect to a Owner or any other expense of the Association which is the obligation of a Owner pursuant to this Declaration shall become a default Assessment assessed against the Owner's Lot. Notice of the amount and demand for payment of such default Assessment shall be sent in writing to the Owner prior to enforcing any remedies for nonpayment hereunder. 7.6 Payment of Assessments. Until the Association makes an Assessment for Common Expenses, Declarant shall pay all Common Expenses. After an Assessment has been made by the Association and unless otherwise determined by the Executive Board, annual and special Assessments shall be payable in monthly installments equal to 1/12 of the then current Assessment, without notice (except for the initial notice of any special Assessment) and shall be due on the first day of each month at the office of the Association. Default Assessments shall be due in full ten (10) days after notice is given to the Owner of the amount owed. 7.7 Creation of Association Lien and Personal Obligation to Pay Assessments. Declarant, for each Lot, hereby covenants, and each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed, are deemed to covenant and agree to pay to the Association annual, special Pa 15 • • and default Assessments applicable to the Lot. Such Assessments, as well as any fees, charges, late charges, attorney fees, fines and interest charged by the Association shall be the personal obligation of the Owner as of the time when the Assessment or other charges became or fell due. Two or more Owners of a Lot shall be jointly and severally liable for such obligations. The personal obligation to pay any past due sums due the Association shall not pass to a successor in title unless expressly assumed by the successor. By acceptance of the deed or other instrument of transfer of a Lot, each Owner irrevocably waives the homestead exemption provided by C.R.S. 38-41-201 et seq., as amended. Each Assessment shall be a continuing lien upon the Lot against which such Assessment is made. A lien under this Section is prior to all other liens and encumbrances on a Lot except: (a) liens and encumbrances recorded before the recordation of this Declaration; (b) a security interest on the Lot which has priority over all other security interests on the Lot and which was recorded before the date on which the Assessment sought to be enforced became delinquent; and © liens for real estate taxes and other governmental assessments or charges against the Lot. This Section shall not prohibit any civil action to recover sums for which this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of a Lot shall not affect the Association's lien thereon, except that sale or transfer of a Lot pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Association's lien as provided in the Act. No such sale, transfer, foreclosure, nor cancellation or forfeiture shall relieve a Lot from continuing liability for any Assessments thereafter becoming due, nor from the lien thereof. 7.8 Effect of Non -Payment of Assessments. If any installment of an Assessment is not be paid within ten (10) days after it becomes due and payable, the Executive Board may assess a late charge of up to five percent (5%) of each past due installment, default interest (not to exceed the rate allowed by the Act) or such other charges as the Executive Board may fix by rule from time to time to defray extra expenses incurred in handling a delinquent Assessment installment. Further, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by the Association against a Owner to recover a money judgment for unpaid assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien. 7.9 Open Space and Wildlife Conservation Fund. Included in the annual Assessments to be made, an Open Space and Wildlife Conservation fee shall be assessed. The initial fee shall be $5.00 per month per Lot at the time of the recordation of this Declaration. Such fee shall be subject to increase on annual basis based on the increase in the consumer price index. The Open Space and Wildlife Conservation Fund shall be deposited in a separate interest-bearing 16 • • account and administered by the Executive Board. The Open Space and Wildlife Conservation Fund shall be used solely for the preservation and enhancement of wildlife habitat on the Property and in the general vicinity of the Property which could include planting native vegetation species around ponds, improving wildlife migration corridors and enhancing open space areas for wildlife on the Property or in the Spring Valley area in consultation with the Colorado Division of Wildlife and other available consultants. 7.10 Working Fund. The Association or Declarant shall require the first Owner of each Lot (other than Declarant) to make a nonrefundable payment to the Association in an amount equal to $100.00, which sum shall be held, without interest, by the Association as a "working fund." The working fund shall be collected and transferred to the Association at the time of closing of each sale by Declarant of each Lot. The working fund may be used from time to time by the Executive Board for any Association purpose and thereafter replenished by inclusion in the next annual Assessment. Such payment shall not be considered an advance payment of annual Assessments and shall not relieve a Owner from making regular payments of the Assessments when due. At the time of reconveyance of a Lot, the transferring Owner shall be entitled to a credit from the acquiring Owner for this payment. 8 PROPERTY USE RESTRICTIONS 8.1 General Restriction. Except for the Agricultural Reserve, the Planned Community shall be used only for the private residential dwelling purposes in conformance with this Declaration and subject to the applicable rules and regulations of all governmental authorities having jurisdiction. The Agricultural Reserve may be used for any agricultural activity allowed under applicable governmental laws, rules and regulations. 8.2 Limited Business Activities. Subject to all applicable governmental regulations, and in addition to residential purposes, in-home business activities or occupations not involving the provision of on site services for customers or use of employees on site (other than Owners) shall be allowed, provided such activities: (I) are conducted solely within the Lot, (ii) do not materially increase motor vehicle traffic on the Property, (iii) do not create any external indication of an in-home business, and (iv) do not generate any noise, smoke, dust, odors, heat or other offensive or noxious emanations on the Property. Notwithstanding the foregoing, business activities associated with the sale of Lots shall be allowed. 8.3 Construction and Alteration of Improvements. No Improvements in the Planned Community shall be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor shall any construction, repair or reconstructicn be commenced until plans for such Improvement shall have been approved by the Association as 17 • • provided in this Declaration except that Improvements which are completely within a structure may be undertaken without such approval. 8.4 Compliance With Laws. Subject to the rights of reasonable contest, each Owner shall promptly comply with the provisions of all applicable laws, regulations and ordinances with respect to the Property including, without limitation, all applicable environmental laws and regulations. 8.5 Nuisance. No obnoxious or offensive activity shall be carried on with in the Property, nor shall anything be done or permitted which shall constitute a public nuisance. 8.6 No Hazardous or Unsafe Activities. No activity shall be conducted on the Property, and no Improvement shall be constructed on any Lot which is or may be unsafe or hazardous to any Person or property. 8.7 Prohibition of Increases in Insurable Risks. Nothing shall be done or kept on the Property or on any Lot which would result in the cancellation or reduction of insurance on all or any part of the Property or in an increase in the cost of such insurance, but for such activity, without the prior written approval of the Association. 8.8 Prohibition against Damage or Waste. No damage to or waste of the Property including any portion of the Common Elements shall be committed by any Owner or Occupant. Each Owner hereby agrees to indemnify and hold the Association and the other Owners harmless against any damage or waste caused by such Owner and agrees to pay for or reimburse the Association for any and all costs and expenses resulting from any damage or waste caused by a Owner or the Owner's Occupants or pets. 8.9 Vehicles. Not more than four (4) motor vehicles may be kept on each Lot. Each vehicle shall be registered with the Association by type, year, color, license number and such other identification as is appropriate. No trucks, trail bikes, recreational vehicles, motor homes, motor coaches, snowmobiles, campers, trailers, boats or boat trailers, or similar vehicles (other than passenger automobiles or pickup or utility trucks with a capacity of one ton or less) or any other vehicles shall be parked, stored, or in any manner kept or placed on any portion of the Property which vehicles are visible from a street or any other Lot except for vehicles which are kept in an enclosed garage or screened enclosure. This restriction, however, shall not be deemed to prohibit occasional parking of vehicles on driveways or commercial and construction vehicles, in the ordinary course of business, from making deliveries or otherwise providing service to the Property orfor approved construction by Declarant or Owners. No trail bikes, four wheelers, snowmobiles, other similar recreational vehicles, automobiles, pickups, utility trucks or any other vehicles shall 18 • • be operated on any portion of the Property except for travel to and from a Lot to another location in a nonrepetitive fashion. 8.10 Obstructions. No person shall obstruct or interfere with the free use of any easement, roadway, walkway, drainage structure, utility, the common water system or other Common Elements, except as may be reasonably required for repairs. The Association shall promptly take such action as may be necessary to abate or enjoin any interference with or obstruction of any easement or Common Element . The Association shall have a right of entry on any part of the Property for the purposes of enforcing this Section. Any costs incurred by the Association in connection with such enforcement shall be assessed to the persons responsible for the interference. 8.11 No Firearms or Hunting. Except for animal control measures, the discharge of firearms on any part of the Planned Community is expressly prohibited. Hunting on any part of the Planned Community (including Lots) is expressly prohibited. 8.12 Service Facilities. All clothes lines, storage tanks, equipment, service yards and similar service facilities shall be screened by adequate plantings or fencing so as to conceal same from other Lots and streets and roads. 8.13 Maintenance of Landscaping. Each Owner shall keep the landscaping situate on such Owner's Lot in a neat and well maintained fashion, shall properly irrigate the lawns and other planting on such Lot and shall otherwise maintain the appearance of such Lot in a first class condition. 8.14 Natural Vegetation Preservation. All Improvements within the Planned Community shall be located, designed, and constructed so as to preserve and protect trees and natural shrubs. In order to conserve the natural beauty of the area, no existing trees or natural shrubs (e.g., cedar, pinon or gamble oak) may be removed or trimmed except with the pricr written approval of the Development Review Committee. This restriction shall not apply to essential clearing of a Lot in connection with the construction of a residence (but not other Improvements) within the Building Envelope within a Lot, provided the prior written approval of the Development Review Committee has been obtained. Any violation of this Section shall subject the offending Owner to such penalties, fines and/or other conditions as the Development Review Committee considers appropriate, including without limitation the withdrawal or modification of previously granted development approvals, or the requirement that replacement trees or shrubs of equivalent or different size and type be planted and maintained by the Owner. 8.15 Animals and Pets. No animal, livestock or poultry of any kind shall be kept, raised or bred on any Lot, except that not more than (1) dog and two (2) cats, and other typical small household pets, such as birds and fish, shall be allowed. The Association shall be empowered to adopt animal control rules and regulations. 19 • 1 Nothing contained in this Declaration or in any adopted rules and regulations shall limit the power of the Association with respect to animal control including the right to determine that a particular animal is a nuisance and the right to require its removal from the Planned Community. The following special requirements shall apply to any dog permitted on any Lot: 8.15.1 Each dog shall be kept under the control of the Owner and on a leash at all times when outside a fenced area or structure and shall not be permitted to run free or to cause a nuisance on the Property. 8.15.2 No dog shall be allowed to bark excessively, which is defined as barking more or less continuously during any fifteen (15) minute period not including any momentary cessations. 8.15.3 Each dog shall be leashed, kept in a humane kennel or run at all times or adequately restrained by an electronic barrier device. Metal chain link fencing will be allowed for the purposes of kenneling a dog. The location and style of each kennel shall be subject to review by the Development Review Committee. A kennel shall be installed prior to issuance of a Certificate of Occupancy for any Lot if the Owner possesses a dog at such time and, in any event, prior to the introduction of a dog on any Lot. 8.15.4 All Owners shall keep dogs reasonably clean and free of disease and each Lot shall be kept free of animal waste. 8.15.5 Should any dog chase or molest deer, elk, poultry or any domestic animals or persons, or destroy or disturb property of another, the Association may prohibit the Owner from continuing to keep the offending dog on such Owner's Lot. If necessary, to protect wildlife or other Owners' domestic animals, persons or property, the Association may take additional steps, including the destruction of the offending dog. Except in an emergency or as provided by law, the owner of an offending dog shall be provided written notice of such action at least five (5) days before disposal occurs. Such notice shall be posted on the front door of the residence of the Owner of the offending dog. Within such five (5) day period, the offending dog may be kenneled at a licensed kennel with all costs incurred by the Association assessed against the Owner. 8.15.6 The Association shall assess and enforce penalties against Owners violating the restrictions applying to dogs as follows: One Hundred Dollars ($100,00) for the first violation. The fine shall be increased by One Hundred Dollars ($100.00) for each succeeding violation. In addition, the Association may impose fees for dog registration or other dog control services, impose regulations regarding the keeping of dogs on any Lot, and levy fines against Owners who violate this covenant or any of the regulations promulgated 20 • • hereunder or subsequently by the Association. The schedule of fees and fines established shall be sufficient to recover all of the costs of this animal control program on an annualized basis. 8.16 Signs. No signs of any kind shall be displayed to the public view on or from any portion of the Property except those signs approved by the Executive Board, ordinary real estate signs, business signs of Declarant or its affiliates, or signs required by law. 8.17 Solid Waste. No trash, ashes, garbage, rubbish, debris or other refuse shall be thrown, dumped or otherwise accumulated on the Property. There shall be no burning of refuse. Each Owner shall use the central receptacles for the temporary storage and collection of solid waste, which shall be screened from public view and protected from wind, animals and other disturbances. Each Lot shall be kept in a sanitary condition, free of offensive odors, rodent and insect infestations at the Owner's sole cost. 8.18 Outside Burning. There shall be no exterior fires, except for barbecues, outside fireplaces and braziers. No Owner shall allow any condition upon such Owner's Lot which creates a fire hazard or violates fire prevention regulations. 8.19 Dust Control. The Association shall be control dust on the private roads in the Planned Community. Owners shall be responsible for ongoing dust control of their private driveways. All roads and driveways within the Planned Community shall be monitored by the Association to achieve minimal dust pollution. Roads and driveways shall be treated as necessary with magnesium chloride or other dust suppressants approved by the Garfield County Environmental Health Department. The Association shall have the right to treat private driveways and charge the responsible Owner, if the Owner fails to fulfill Owner's responsibility for individual dust control. 8.20 Noise. No exterior horns, whistles, bells or other sound devices, except security devices approved in writing by the Executive Board, shall be placed or used on any portion of the Property. Owners shall not allow any noise or disturbance on their respective Lots which is offensive, disturbing or otherwise detrimental to any other person. 8.21 Odor. No odor shall be emitted from any Lot which is noxious or unreasonably offensive to others. 8.22 Lighting. All exterior lighting installed or maintained on any Lot shall be placed so that the Tight source is screened or shielded from the residence on any other Lot. No light shall be emitted from any Lot which is unreasonably bright or causes unreasonable glare. Without limiting the generality of the foregoing, no spotlights, 21 • • floodlights or other high-intensity lights shall be permitted within the Planned Community without the prior written approval of the Development Review Committee. The Development Guidelines may contain standards for exterior lighting including, without limitation, standards for hue and intensity. 8.23 Wells. No well from which water, oil, or gas is produced shall be dug, nor shall storage tanks, reservoirs, or any installation of power, telephone, or other utility lines (wires, pipe, or conduit) be made or operated anywhere on the Property except in connection with water wells and works installed by Declarant or the Association. 8.24 Minerals. No portion of the Property shall be used for the exploration, extraction or storage of oil, gas, minerals, sand, gravel, rock, earth or other materials. 8.25 Excavation or Fill. No excavation or fill shall be made except in connection with Improvements approved as provided in this Declaration. For purposes of this Section, "excavation" shall mean any disturbance of the surface of the land (except to the extent reasonably necessary for approved landscape planting) which results in a removal of earth, rock or other substance a depth of more than 18 inches below the natural surface of the land. For the purposes of this Section, "fill" shall mean any importation and placement of earth, rock or other substance a height of more than eighteen inches (18") above the natural surface of the land. 8.26 Drainage and Erosion Control. No Owner shall do or permit any work, construct any Improvements, place any landscaping or suffer the existence of any condition whatsoever which shall alter or interfere with the drainage pattern for the Property, or cause any discharge onto any adjacent property, except to the extent such alteration and drainage pattern is approved in writing by the Association and any other affected Owner. The surface of the Property, including all Lots, shall be maintained in a condition which will minimize the risk of soil erosion. 8.27 Vegetation and Noxious Weed Control and Management. The Association End each Owner shall implement and follow a long term program for noxious weed control any plant species included on the Garfield County Noxious Weed List as the same may be revised from time to time. Assistance in the development and implementation of a weed management program will by sought through the Colorado State University Cooperative Extension Service and from the Garfield County Office of Vegetation Management. Initially the Association shall implement and follow the Vegetation Management Plan on file in the Garfield County Planning Department with the Subdivision Application for the Planned Community. The weed control and vegetation management plan shall include the following components: 8.27.1 Prevention and Control. The quick revegetation of disturbed areas with weed free grass seed and the maintenance of native cr introduced 22 • • vegetation in a healthy, vigorous condition producing optimum vegetative densities leaving noxious weeds little opportunity to establish. 8.27.2 Inventory. Each Lot shall be inspected to identify any infestations of noxious weeds. An accurate record shall be kept of the application and success of weed infestation eradication efforts. 8.27.3 Eradication. Elimination of noxious weeds by: 8.27.3.1 Mechanical Controls to physically remove the entire weed plant or eliminate the plant's ability to produce seed; 8.27.3.2 Biological Controls relying on organisms (insects or plant pathogens) to interfere with weed growth; and 8.27.3.3 Chemical Controls using herbicides to eliminate weeds with special care used to avoid damage to desirable plant species and to avoid contamination of ground water. 8.27.4 Owner Responsibility. Each Owner shall implement a weed management program within the Owner's Lot and adhere to the Colorado Noxious Weed Act. C.R.S. 35-5-102 and the Garfield County Weed Management Plan to manage any noxious weeds in the event a property owner fails to effectively control noxious weeds on their Lot, the Association shall have the right to enter upon any Lot and conduct a weed control program within the area of such Lot. 8.28 Wildlife Protection Restrictions. In order to preserve, protect and promote the well being of existing wildlife as well as enhance wildlife habitat on the Property: 8.28.1 No tree or vegetation removal shall be permitted within the Common Elements except as may be necessary, in the determination of the Association, to remove a dangerous condition or to control an invasive species. 8.28.2 The pet and animal restrictions set forth above shall be rigorously enforced. 8.28.3 No Owner or Occupant shall accumulate or store trash or garbage on a Lot outside of a residential structure unless such trash or garbage is contained within a container certified as bear -proof by the North American Bear Society, the National Park Service or Colorado Division of Wildlife; provided, however, that Owners may use trash or garbage containers which do not meet the certifications above described so long as: 31,1,14,1 .1,13e Springs Sencri Owners AssociationiOecleretion tor PIJD PS 3 wpirl 23 8.28.3.1 8.28.3.2 • • The containers are placed outside no earlier than one (1) hour prior to the regularly scheduled time for trash collection by a waste disposal service provider; and The containers are returned to the interior of the residential structure no later than one (1) hour after trash collection by the waste disposal service provider. 8.28.4 No Owner or Occupant shall fed, bait, salt or utilize any other means or artifice to attract wildlife to a Lot or the Property. This limitation shall not apply to bird feeders or bird houses which may be located and utilized within the Property. 8.28.5 The Association and Owners may restrict wildlife from landscaping and other isolated sensitive areas by using temporary fencing and other passive means which will not unreasonably restrict the general movement of wildlife within the Property. 8.28.6 No Owner or Occupant may chase, scare, disturb, haze, worry or use any other form of harassment to drive or coerce big game (such as deer and elk) off of the Common Elements. 8.28.7 The Association and all Owners hereby waive, release and shall hold the Colorado Division of Wildlife harmless from, any and all claims for damages to landscaping improvements or ornamental plants located on the Lots or Common Elements resulting from the activities of big game such as deer and elk. 8.28.8 The Association and any affected Owner shall be responsible for the removal and proper disposal of all large animal carcasses found upon the Common Elements or Lots, as may be appropriate. 8.29 Geotechnical Restrictions. Site specific studies shall be conducted for individual lot development. The need for site specific studies shall be disclosed in the covenants and on the plat in the form of a plat note. Those recommendations include the following: 8.29.1 Prospective building owners should be made aware of the potential low risk of evaporite deformation. If the low risk is not acceptable to building owners, it can be reduced by the use of heavily reinforced foundation system preferably without a basement. 8.29.2 It is recommend that buildings not be located within 50 feet of the mapped fault trace unless site specific studies show that a fault is not present or, if present, the fault is not geologically young. 24 • • 8.29.3 It is recommended that additional subsurface exploration be made in these areas to evaluate the engineering characteristics of the lake deposits . 8.29.4 The recommended foundation system will depend on the site specific expansion potential. Also, a structural floor system over a crawlspace may be warranted depending on the expansion potential at a specific building site. A site specific foundation study by the individual lot owners should be conducted for design level recommendations. 8.29.5 More extensive grading should be evaluated on a site specific basis. As previously recommended, cut and fill should not exceed 10 feet deep and cut and fill slopes should be 2: 1 (horizontal to vertical) or flatter. We should review the proposed grading plans when available and determine if addition subsurface exploration and analysis are needed. 8.29.6 The channel crossing should be designed for the appropriate flood discharge and include provisions fora high sediment concentration flooding. Hydrologic analysis in this area should also consider flood flow velocities and the need for channel erosion stabilization to protect proposed Lots 11, 12 and 13. [Block 2] 8.29.7 Occupied structures should be designed to withstand moderately strong ground shaking with little or no damage and not to collapse under stronger ground shaking. The region is in the Uniform Building Code, Seismic Risk Zone 1. 9 DEVELOPMENT REVIEW 9.1 Development Guidelines. The Association shall apply the Development Guidelines when reviewing proposed Improvements on a Lot. The Development Guidelines shall not be inconsistent with this Declaration, but shall more specifically define and describe the Development standards for the Planned Community. The Development Guidelines may be modified or amended from time to time by the Association to establish reasonable criteria, including, without limitation, requirements relating to design, scale and color, as the Association may deem appropriate in the interest of preserving the aesthetic standards of the Planned Community. Further, the Association, in its sole discretion, may excuse compliance with the Development Guidelines that are not necessary or appropriate in specific situations. Compliance with the Association's Development Review process shall not be a substitute for compliance with applicable governmental building, zoning and subdivision regulations. Each Owner shall be responsible for obtaining all approvals, licenses and permits as may be required before commencing construction. 25 • • 9.2 Development Review Committee. The Association shall have a Development Review Committee, which shall consist of a minimum of three (3) members, each of whom shall either be (I) a representative of Declarant, (ii) an Owner or Occupant of a Lot in the Planned Community or (iii) a local architect, landscape architect or engineer. All members of the Development Review Committee shall be appointed and removed from time to time by the Executive Board in its discretion. A member may be removed by the Executive Board at any time upon written notice, without cause. Subject to the three (3) member minimum, the Executive Board may increase or decrease the size of the Development Review Committee from time to time in its discretion. The Executive Board may hire or appoint a secretary for the Development Review Committee, and shall provide appropriate compensation for any such secretarial services. 9.3 Meetings and Action of Development Review Committee. The Development Review Committee shall meet from time to time as necessary to perform its duties hereunder. A majority of the members of the Development Review Committee shall constitute a quorum of the Committee. Actions of the Committee shall be taken at a meeting at which a quorum is present in person or by proxy, by the vote of a majority of such members constituting the quorum, but in no event less than two (2) members. The Development Review Committee shall report in writing to the Executive Board all final actions of the Development Review Committee, and the Executive Board shall keep a permanent record of such reported actions. 9.4 Pre -submission Conference. Every Owner proposing to make Improvements to a Lot shall meet in a pre -submission conference with the Development Review Committee to discuss the general nature and scope of the contemplated Improvements, the Development Guidelines and the Committee's procedures prior to Owner's expenditure of significant design fees. The Development Review Committee shall give priority to the scheduling of such pre -submission conferences. The Owner's design professional should, if possible, attend the pre -submission conference. 9.5 Development Review. The Development Review Committee shall review, study and either approve or reject proposed Improvements in the Planned Community, in compliance with this Declaration and the Development Guidelines. Each application for Development Review shall include such plans and specifications and other information as may reasonably be required by the Development Review Committee. In any Development Review, the Development Review Committee shall exercise its best judgment to see that all Improvements conform and harmonize with any existing structures as to external design, quality and type of construction, materia!s, color, location of Improvements, height, grade and finished ground elevation and all aesthetic considerations set forth in this Declaration and in the Development Guidelines. The Development Review Committee may avail itself of technical and professional advice as it deems appropriate. The Development Review Committee 26 • • shall make reasonable Rules and Regulations as it may deem appropriate to govern in such proceedings. The Development Review Committee's exercise of discretion in approval or disapproval of plans or with respect to any other matter before it, shall be conclusive and binding on all parties. 9.6 Development Review Expenses. The Association shall have the right to recover the reasonable costs and expenses of any technical and professional advice required to properly consider the application from Applicant. 9.7 Decision of Committee. Any decision of the Development Review Committee shall be made within forty-five (45) days after receipt by the Development Review Committee of all materials and information required by the Development Review Committee, unless such time period is extended by mutual written agreement. The decision shall be in writing and if the decision is not to approve the proposed Improvements, the reasons therefor shall be stated. The decision of the Development Review Committee shall be promptly transmitted to the Owner at the address furnished by the Owner to the Development Review Committee. Any written request for approval of proposed Improvements shall be deemed approved, unless written disapproval or a request for additional information or materials is transmitted to the Owner by the Development Review Committee within sixty (60) days after the date of receipt by the Development Review Committee of all required materials and information, unless such tirne period is extended by mutual written agreement. 9.8 Prosecution and Completion of Work After Approval. Following an approval of any proposed Improvements by the Development Review Committee, the proposed Improvements shall be completed by the Owner: (a) in compliance with the Development Guidelines and with all applicable laws, regulations and codes, (b) in strict conformance with all plans and specifications and other materials presented to and approved by the Development Review Committee; and © in accordance with any and all conditions imposed by the Development Review Committee. All Improvements approved by the Development Review Committee shall be completed, including issuance of a Certificate of Occupancy and the removal of all construction equipment, materials and debris (1) within twenty-four (24) months from the date of approval of such Improvements by the Development Review Committee, provided, however, that any and all landscaping approved by the Development Review Committee which is related to the initial construction of a residence on a Lot shall be completed no later than six (6) months immediately following the issuance of the Certificate of Occupancy for such residence. Any member or agent of the Development Review Committee or of the Executive Board, may, at any reasonable time enter, without being deemed guilty of trespass, upon any Lot, after reasonable notice to the Owner, in order to inspect Improvements constructed or being constructed on such Lot, to ascertain whether such Improvements have been or are being built or changed in compliance with the Development Guidelines, the approvals granted by the Development Review Committee, and this Declaration. 27 • • Failure to comply with the terms and conditions of this Section shall constitute noncompliance with the terms and provisions of this Declaration and the Executive Board shall have the right to invoke all rights and remedies available, including but not limited to, the imposition of fines and penalties. 9.9 Limitation of Liability. The Association shall use reasonable judgment in accepting or rejecting plans and specifications submitted to it for Development Review. Neither the Association, Declarant, nor any officer, Executive Board member or individual Association member shall be liable to any person for any act of the Association concerning submitted plans and specifications, except for wanton and willful acts. Approval by the Association does not necessarily assure approval by any governmental authority having jurisdiction. Notwithstanding Association approval of plans and specification, neither the Association nor any of its members shall be responsible or liable to any Owner, developer or contractor with respect to any loss, liability, claim or expenses which may arise because of approval of the construction of the Improvements. Neither the Executive Board, the Association, nor Declarant, nor any of their employees, agents or consultants shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the provisions of the Declaration, nor for any structural or other defects in any work done according to such plans and specifications. 10 CONSTRUCTION AND ALTERATION OF IMPROVEMENTS 10.1 General. The Development Guidelines and the provisions set forth in this Declaration shall govern the right of a Owner to construct, reconstruct, refinish, alter or maintain any Improvement upon, under or above any of the Property, and to make or create any excavation or fill on the Property, or make any change in the natural or existing surface contour or drainage, or install any utility line or conduit on or over the Property. 10.2 Approval Required. No Improvement in the Planned Community shall be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor shall any construction, repair or reconstruction be commenced until plans for such Improvement shall have been approved by the Association; provided, however, that Improvements and alterations which are completely within a structure may be undertaken without such approval. 10.3 Underground Utility Lines. With respect to the new construction of any Improvements within the Planned Community or the extension of any utilities, all utility pipes or lines within the !imits of the Planned Community shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any natural vegetation disturbed by the installation of utility lines shall be 28 • • revegetated within twelve (12) months of completion of any Improvement by and at the expense of the Owner causing the installation of such utilities. 10.4 Size Restrictions of Dwellings. The minimum living area of the dwelling on any Lot shall be 1,800 square feet, exclusive of all areas utilized for garages, decks and open porches. 10.5 Specific Requirements for Dwellings. The maximum building height shall be as determined and defined by the regulations of Garfield County. All construction materials shall be new, except for the limited use of antique treatments, fixtures and accessories. No building or structure originally constructed in whole or in part at another location, including, but not limited to UBC and HUD manufactured homes, shall be moved onto any Lot. Log homes which are to be erected on a log by log basis on a Lot which may have been originally fitted together at a place other than the Lot may be approved by the Association. Without limiting the generality of the foregoing or the right of the Development Review Committee to impose additional limitations and conditions, reflective materials shall not be permitted on the exterior of structures within the Planned Community without the prior written approval of the Development Review Committee. 10.6 Fireplaces and Stoves. No open hearth solid fuel fireplaces shall be allowed. There shall be no restrictions on the number of natural gas burning fireplaces or appliances. Each dwelling unit will be allowed one (1) new wood -burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder. 10.7 Wildfire Prevention. The guidelines of the Colorado State Forester for wildfire prevention (presently contained in a pamphlet titled "Wildfire Protection in the Wildland Urban Interface" C.S.F.S. #143-691) and any subsequent guidelines promulgated shall be followed in the construction of all Improvements. 10.8 Fences and Hedges. The type and location of all fences and hedges will be subject to the approval of the Development Review Committee prior to installation. Only wooden fences shall be permitted within the Property, with limited exceptions for small gardens, kennels, play areas for small children or otherwise and only in circumstances where a wooden fence would not serve the required purpose. Barbed wire fencing shall be prohibited. The Development Review Committee shall consider the effect on wildlife activity prior to approving any requested fencing. Wood fencing shall not exceed forty-two (42) inches in height, shall not have more than two (2) horizontal poles with spacing of at least eighteen inches (18") between rails and with the bottom rail at least twenty-four inches (24") above the ground. Lot boundary perimeter fencing shall not be allowed. 10.9 Landscaping. No landscaping shall be performed on any Lot unless a landscaping plan therefor has received the prior written approval of the Development Review 1111.11110 ...re Springs Ren.. Owners Assocletion'OeclarstIon for PUO - 4,2 3 wpd 29 • • Committee. A landscaping plan for each Lot must be approved by the Development Review Committee before construction is commenced on the residence on that Lot. In each instance, an approved landscaping plan shall be fully implemented and performed within the six (6) month period immediately following (I) the issuance of a Certificate of Occupancy for a residence constructed on a Lot, or (ii) the approval of the landscaping plan by the Development Review Committee in all instances not involving the construction of a residence on a Lot. Notwithstanding the foregoing, no review or approval shall be required for the replacement or replanting of the same or similar kind of trees, or plants, or flowers, or other vegetation that has been previously approved by the Development Review Committee for the Lot in question, in the previously approved location therefor. Any material change in the type or location of approved landscaping vegetation shall require the further approval of the Development Review Committee. Landscaping shall be primarily indigenous plant life from a plant list to be established by the Development Review Committee. Irrigation of landscaped areas shall be subject to guidelines promulgated by the Development Review Committee. Each Owner shall diligently maintain, trim, weed, cultivate, husband, protect, preserve and otherwise keep in a healthy and attractive condition the shrubs, trees, hedges, grass, planters, gardens and other landscaping upon the Owner's Lot, including, without limitation, the removal of dead and diseased branches and brush and the performance of other tasks necessary to remove or eliminate material which constitutes or creates a fire hazard or nuisance, and shall keep the Owner's Lot free of any prohibited plants. Each Owner shall cooperate with the Association in its fire protection husbandry program for reduction of fire hazard within the Planned Community. Each Owner shall also maintain all paved, concrete and other synthetically surfaced areas within the Owner's Lot, including but not limited to, driveway and parking areas, in good condition and repair. 10.10 Removal of Nonconforming Improvements. The Association, after reasonable notice to the offender and to the Owner, may remove any Improvement constructed, reconstructed, refinished, altered or maintained violating this Declaration, and the Owner of the Improvement shall immediately reimburse the Association for all expenses incurred in such removal. 10.11 Fire Protection District Recommendation. Each Owner shall adhere to the recommendations of the Carbondale and Rural Fire Protection District. 11 MAINTENANCE 11.1 Owner's Maintenance Responsibility. Except as provided otherwise in this Declaration or by written agreement with the Association, all maintenance of individual Lots including, without limitation, all Improvements, utility systems, utility lines from the point of departure from shared usage and landscaping shall be the sole responsibility of the respective Owners. Each Lot shall be maintained in a good, clean, safe, attractive and sanitary condition and repair consistent with the 30 • • requirements of a first class residential development. A Owner shall not allow any action or work that will impair the structural soundness of the Improvements or impair the proper functioning of utilities or other services. 11.2 Owner's Negligence. In the event that any portion of the Common Elements requires repair or replacement due to the negligent or willful act or omission of a Owner or Occupant, then the expenses incurred by the Association for such repair or replacement shall be a personal obligation of such Owner. If the Owner fails to pay the same within ten (10) days after notice is given to the Owner of the amount owed, then the failure to so repay shall be a default by the Owner and such expenses shall automatically become a default Assessment. 11.3 Association's Maintenance Responsibility. The Association shall maintain and keep all portions of the Common Elements in good, clean, attractive, safe and sanitary condition and repair consistent with the requirements of a first class residential development. 12 INSURANCE 12.1 Owner's Insurance Responsibility. Each Owner shall be responsible for all insurance coverage for the owner's Lot and all Improvements and betterments thereon. In addition, each Owner shall be responsible for insuring all personal property within the Lot, as well as general liability insurance and any other insurance coverage deemed appropriate by such Owner. Each Owner's policy shall contain waivers of subrogation and provide further that the liability of the carriers issuing insurance to the Association hereunder shall not be effected or diminished by reason of any such insurance carried by any Owner. 12.2 Association's Insurance Responsibility. The Association shall maintain all insurance coverage required by the provisions of C.R.S. 38-33.3-101, et. seq., as the same may be amended from time to time, together with such other insurance as the Executive Board of the Association shall deem advisable. 12.3 Coverage. Commencing not later than the first conveyance of a Lot to a purchaser and to the extent reasonably available, the Association shall obtain and maintain insurance coverage as set forth in this Article. If such insurance is not reasonably available, and the Executive Board determines that any insurance described herein will not be maintained, the Executive Board shall promptly cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Owners and Eligible First Mortgagees at their respective last known addresses. 12.4 Required Provisions. All insurance policies carried pursuant to the requirements of this Article must provide that: (a) each Owner and each Eligible First Mortgagee is an insured person under the policy with respect to liability arising out of such 31 • • Owner's interest in the Common Elements or membership in the Association; (b) the insurer waives its rights to subrogation under the policy against any Owner or member of his household; © no act or omission by any Owner or Eligible First Mortgagee, unless acting within the scope of such Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; (d) if, at the time of a loss under the policy, there is other insurance in the name of a Owner covering the risks covered by the policy, the Association's policy provides primary insurance; (e) any Toss covered by the policies must be adjusted with the Association; (f) the insurance process for any loss shall be payable to an insurance trustee designated for that purpose, or otherwise to the Association and not to any holder of a Security Interest; (g) the insurer shall issue certificates or memoranda of insurance to the Association and, upon request, to any Owner or holder of a Security Interest; and (h) the insurer issuing the policy may not cancel or refuse to renew it until thirty (30) days after notice of the proposed cancellation or non- renewal has been mailed to the Association and any Owner(s) and holder(s) of Security Interests to whom a certificate or memorandum of insurance has been issued at. their respective last know addresses. 12.5 Adjustment of Claims. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles and any other matters of claims adjustment. To the extent the Association settles a property insurance claim, it shall have the authority to assess negligent Owners causing such loss or benefitting from such repair or restoration all deductibles paid by the Association. In the event more than one Lot is damaged by a loss, the Association in its reasonable discretion may assess each Owner a prorata share of any deductible paid by the Association. 12.6 Copies of Policies. A copy of each insurance policy obtain by the Association shall be made available for inspection by any Owner at reasonable times. 13 RESERVATION OF DEVELOPMENT RIGHTS 13.1 Development and Withdrawal Rights. Declarant expressly reserves the right to create Lots and Common Elements (the "Additional Improvement"), to combine Lots, to subdivide Lots, to convert Lots into Common Elements, to convert Common Elements into Lots on all or any portion of the Property reserved for future development phases in this Declaration. Declarant may exercise any or all of the Development Rights so reserved at any time with respect to all or any of the Property marked subject to Development Rights on the Plat. No assurances are made with respect to the boundaries of any Lots that may be developed or the order in which the Lots may be developed. Exercise of a Development Right with respect to any one parcel does not require exercise of a Development Right on any other parcel of the Property subject to Development Rights. No assurances are made, however, that any further development will occur. Declarant expressly reserves the 32 • • right to withdraw all or any portion of the Property from the Planned Community by recording a document evidencing such withdrawal in the records of the Garfield County Clerk and Recorder; provided, however, that no portion of the Property may be withdrawn after a Lot in that portion of the Property has been conveyed to a purchaser. Real estate withdrawn from the Planned Community shall be subject to whatever easements, if any, are reasonably necessary for access to or operation of the Planned Community. Declarant shall prepare and record in the records of the Garfield County Clerk and Recorder whatever documents are necessary to evidence such easements. 13.2 Construction Easement. Declarant expressly reserves the right to perform construction work and to store materials in secure areas on the Common Elements and the right of access thereto, until completion of all Improvements required for the Common Elements. Declarant has such an easement through the Common Elements as may be reasonably necessary for the purpose of discharging Declarant's obligations and exercising Declarant's reserved rights in this Declaration. Such easement includes the right to construct underground utility lines, pipes, wires, ducts, conduits and other facilities across the Property not designated as reserved for future development in this Declaration or on the Plat for the purpose of furnishing utility and other services to Improvements to be constructed on any of the Property reserved for future development. Declarant's reserved construction easement includes the right to grant easements to public utility companies and to convey improvements within those easements anywhere in the Common Elements not occupied by an Improvement on a Lot. 13.3 Reciprocal Easements. If property is withdrawn from the Planned Community ("Withdrawn Property"): (a) the owners of the Withdrawn Property shall have whatever easements are necessary or desirable, if any, for access, utility service, repair, maintenance and emergencies over and across the Planned Community and (b) the Owners in the Planned Community shall have whatever easements are necessary or desirable, if any, for access, utility service, repair, maintenance and emergencies over and across the Withdrawn Property. Declarant shall prepare and record in the records of the Garfield County Clerk and Recorder whatever documents are necessaryto evidence such easements. Such recorded easements shall specify that the owners of the Withdrawn Property and the Owners in the Planned Community shall be obligated to pay a proportionate share of the cost of the operation and maintenance of any easements utilized by either one of them on the other's property upon such reasonable basis as Declarant shall establish in the easements. 13.4 Termination of Development Rights. The Development Rights reserved to Declarant shall expire thirty (30) years after the date of recording this Declaration in the records of the Garfield County Clerk and Recorder, unless the Development Rights are reinstated or extended by the Association, subject to whatever terms, conditions and limitations the Executive Board may impose on the subsequent 33 • • exercise of the Development Rights by Declarant. Declarant may at any time release and relinquish some or all of the Development Rights with respect to all or any part of the Property subject to such rights by instrument executed by Declarant and effective when recorded in the records of the Garfield County Clerk and Recorder. Upon the expiration or other termination of the Development Rights, any Property then subject to such rights shall become Common Elements or Lots, as applicable. 13.5 Interference with Development Rights. Neither the Association nor any Owner may take any action or adopt any rule or regulations that will interfere with or diminish any Development Rights reserved by this Article without the prior written consent of Declarant. 13.6 Transfer of Development Rights. Any Development Rights created or reserved under this Article for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred and recorded in the records of the Garfield County Clerk and Recorder. Such instrument shall be executed by the transferor Declarant and the transferee. 14 SPECIAL DECLARANT RIGHTS 14.1 Special Declarant Rights. Declarant hereby reserves the right, from time to time, to perform the acts and exercise the rights hereinafter specified (the "Special Declarant Rights"). Declarant's Special Declarant Rights include the following: 14.1.1 Use of Property During Construction. It shall be expressly permissible and proper for Declarant and any person acting with the prior written consent of Declarant, and their respective employees, agents, independent contractors, successors, and assigns involved in the construction of all Improvements required for the Common Elements and all Lots or the providing of utility service to the Property, to perform such activities and to maintain upon portions of the Property as they deem necessary, such facilities as may be reasonably required, convenient, necessary or incidental to such construction and development of the Property. This permission specifically includes, without limiting the generality of the foregoing, maintaining business offices, storage areas, construction yards and equipment, signs and sales offices. However, no activity shall be performed and no facility shall be maintained on any portion of the Property in such a way as to unreasonable interfere with the use of any Lot. 14.1.2 Exercise of Deve!opment Rights. The right to exercise any Development Right reserved in this Declaration. SprInge lien,' Owners Assocletton,)aelerellon for Pup • 34 • • 14.1.3 Sales, Management and Marketing. The right to locate, relocate and maintain sales offices, management offices, signs advertising the Planned Community, and models within any Lot or Lots and in the Common Elements. Declarant shall have the right to show Lots and the Common Elements to prospective purchasers. 14.1.4 Construction Easements. The right to use easements through the Common Elements for the purpose of making Improvements within the Planned Community. 14.1.5 Control of Association and Executive Board. The right to appoint or remove any officer of the Association or any member of the Executive Board. 14.1.6 Amendment of Declaration. The right to amend this Declaration in connection with the exercise of any Development Rights. 14.1.7 Amendment of Plat. The right to amend the Plat in connection with the exercise of any Development Rights. 14.1.8 Signs. The right to maintain signs on the Common Elements advertising the Planned Community. 14.1.9 Post -Sales. The right to use the Common Elements to maintain customer relations and provide post -sale services to Owners. 14.2 Additional Reserved Rights. In addition to the Special Declarant Rights set forth above, Declarant also reserves the following additional rights (the "Additional Reserved Rights"): 14.2.1 Dedications. The right to establish, from time to time, by dedication or otherwise, utility and other easements for purposes including but not limited to streets, paths, walkways, drainage, parking areas, driveways and to create other reservations, exception and exclusions for the benefit of and to serve the Owners within the Planned Community. 14.2.2 Easement Rights. The rights to an easement through the Common Elements as may be reasonably necessary for the purpose of discharging Declarant's obligations arising under this Declaration or the Act. 14.2.3 Other Rights. The right to exercise any Additional Reserved Right created by any other provision of this Declaration or of the Act. 14.3 Limitations on Special Declarant Rights and Additional Reserved Rights. Unless sooner terminated by an amendment to this Declaration executed by 35 • • Declarant, any Special Declarant Right or Additional Reserved Rights may be exercised by Declarant so long as Declarant (a) is obligated under any warranty or obligation; (b) holds a Development Right; © owns any Lot; or (d) holds a Security Interest in any Lot; provided, however, all Special Declarant Rights and Additional Reserved Rights shall terminate thirty (30) years after the date of recording this Declaration. Earlier termination of certain rights may occur pursuant to requirements of the Act. 14.4 Interference with Special Declarant Rights. Neither the Association nor any Owners may take any action or adopt any rule and/or regulation that will interfere with or diminish any Special Declarant Rights or Additional Reserved Rights without the prior written consent of Declarant. 14.5 Rights Transferable. Any Special Declarant Rights or Additional Reserved Right created or reserved under this Article for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred and recorded in the records of the Garfield County Clerk and Recorder. Such instrument shall be executed by the transferor Declarant and the transferee. 15 MORTGAGEE PROTECTIONS 15.1 Introduction. This Article establishes certain standards and covenants which are for the benefit of First Mortgagees. This Article is supplemental to, and not in substitution for, any other provisions of this Declaration, but in the case of any conflict, this Article shall control. 15.2 Percentage of First Mortgagees. Unless specifically provided otherwise, wherever in this Declaration the approval or consent of a specified percentage of Eligible First Mortgagees is required, it shall mean the approval or consent of sixty-seven percent (67%) of Eligible First Mortgagees. Each Eligible First Mortgagee shall be entitled to one vote for each Security Interest held by such Eligible First Mortgagee. 15.3 Notice of Actions. If requested in writing to do so, the Association shall give prompt written notice of the following to each Eligible First Mortgagee making such request: (a) any condemnation Toss or any casualty loss which affects a material portion of the Common Elements or any Lot in which an interest is held by the Eligible First Mortgagee; (b) any delinquency in the payment of Assessments which remains uncured for sixty (60) days by a Owner whose Lot is encumbered by a Security Interest held by such Eligible First Mortgagee; © any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; (d) any proposed action which would require the consent of Eligible First Mortgagees as set forth in this Article; (e) any judgment rendered against the Association; and (f) a copy of any financial statement of the Association. 36 • • 15.4 Consent Required. The Association may not take any of the following actions, except as such rights have been specifically reserved by Declarant under the provisions of this Declaration, without the consent of sixty-seven percent (67%) of the Eligible First Mortgagees: (a) sale, conveyance or encumbrance of the Common Elements (provided, however, that the granting of easements for public utilities, for construction and maintenance of roads within the Planned Community, or for other purposes provided for in this Declaration will not be deemed a transfer within the meaning of this clause); (b) restoration or repair of the Planned Community (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration; termination of this Declaration for reasons other than substantial destruction or condemnation, subject to the approval percentages required for such termination; (d) merger of the Planned Community with any other common interest community; or (e) any action not to repair or to replace the Common Elements except as permitted in this Declaration. 15.5 Notice of Objection. Unless an Eligible First Mortgagee provides the Secretary of the Association with written notice of its objection, if any, to any proposed amendment or action requiring the approval of Eligible First Mortgagees within thirty (30) days following the receipt of notice of such proposed amendment or action, the Eligible First Mortgagee will be deemed conclusively to have consented to or approved the proposed amendment or action. 15.6 First Mortgagees' Rights. 15.6.1 Advances. First Mortgagees, jointly or singly, may pay taxes or other charges which are in default and which may or have become a charge against any of the Common Elements or improvements thereon, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for the Common Elements. First Mortgagees making such payments shall be owed immediate reimbursement from the Association. 15.6.2 Cure Rights. First Mortgagees shall be entitled to cure any delinquency of the Owner encumbered by a First Mortgage in the payment of Assessments. In that event, the First Mortgagee shall be entitled to obtain a release from the lien imposed or perfected by reason of such delinquency. 15.7 Limitations on First Mortgagee's Rights. No requirement for approval or consent by a First Mortgagee provided in this Article shall operate to: (a) deny or delegate control over the general administrative affairs of the Association by the Owners or the Executive Board; (b) prevent the Association or Executive Board from commencing, intervening and/or settling any legal proceeding; or © prevent any insurance trustee or the Association from receiving and distributing any insurance proceeds. .w,n,0m eaao sP ma. StS1101 Owners nsaonauonDmroreuon far Puo ..a 3 .Po 37 • • 15.8 Special Declarant Rights. No provision or requirement of this Article entitled "Mortgagee Protections" shall apply to any Special Declarant Rights reserved to Declarant in this Declaration. 16 ENFORCEMENT OF DECLARATION 16.1 Violation Deemed a Nuisance. Every violation of this Declaration is declared and deemed to be a nuisance. All public and private remedies allowed at law or equity against anyone in violation of this Declaration shall be available. 16.2 Compliance. Each Owner and Occupant shall comply with the provisions of this Declaration as the same may be amended from time to time. Failure to comply with this Declaration shall be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both. Each Owner shall be responsible for the conduct of the Owner's family, tenants, employees, guests, contractors, agents, licensees and invitees whether or not the Owner is present. Each Owner shall inform all such persons of this Declaration. Any violation of this Declaration by any such person shall be deemed a violation by the Owner. 16.3 Who May Enforce. Any action to enforce this Declaration may be brought by Declarant or the Executive Board in the name of the Association on behalf of the Owners. If, after a written request from an aggrieved Owner, neither of the foregoing entities commence an action to enforce this Declaration, then the aggrieved Owner may bring such an action. 16.4 Enforcement. Enforcement of the covenants, conditions, restrictions, easements, reservations, rights-of-way and other provisions contained in this Declaration shall be through any proceedings at law or in equity brought by any aggrieved Owner, the Association or Declarant against the Association or any Owner. Such actions may seek remedy by injunction or restraint of a violation or attempted violation, or an action for damages, or any of them, without the necessity of making an election. Thus all the remedies set forth herein are cumulative and not exclusive. 16.5 Nonliability. No member of the Executive Board, Declarant or any Owner shall be liable to any other Owner for the failure to enforce this Declaration at any time. 16.6 Recovery of Costs. If legal assistance is obtained to enforce any provision of this Declaration, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of this Declaration or the restraint of violations of this Declaration, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees. 17 MISCELLANEOUS PROVISIONS 38 • • 17.1 Severability. The provisions of this Declaration shall be deemed to be independent and severable, and the invalidity of any one or more of the provisions of it by judgment or court order or decree shall in no way affect the validity or enforceability of any of the other provisions, which provisions shall remain in full force and effect. Any provision which would violate the rule against perpetuities and the rule prohibiting unlawful restraints on alienation shall be construed in a manner as to make this Declaration valid and enforceable. 17.2 Construction. In interpreting words in this Declaration, unless the context shall otherwise provide or require, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. 17.3 Third Party Beneficiary. This Declaration is submitted, imposed, and declared solely for the benefit of Declarant, Owners, First Mortgagees and their respective successors, assigns, heirs, executors, administrators and personal representatives. No party shall be deemed a third party beneficiary of this Declaration. 17.4 Condemnation. If all or part of the Common Elements is taken by any power having the authority of eminent domain, all compensation and damages for and on account of the taking shall be payable in accordance with the provisions on eminent domain in the Act. 17.5 Headings. The headings and captions used in this Declaration are included only as a matter of convenience and reference and shall not affect the meaning or interpretation of any provision of this Declaration. 17.6 Conflicts in Legal Documents. In case of conflicts between the provisions in this Declaration and the Articles of Incorporation or the Bylaws, this Declaration shall control. In case of conflicts in the provisions in the Articles of Incorporation and the Bylaws, the Articles of Incorporation shall control. In case of conflicts between the provisions in this Declaration and any Plat of the Property , including the plat notes thereon, the provisions of said plat or plat notes shall govern and control and this Declaration shall automatically be amended, but only to the extent necessary to conform the conflicting provisions. 17.7 No Public Use Dedication. Except for roadways conveyed to Garfield County for public use, and except as otherwise expressly provided herein to the contrary, nothing contained in this Declaration shall be deemed to be or constitute a dedication of any part of the Property to the public or for any public use. 17.8 Notices. All notices or requests required shall be in writing. Notice to any Owner shall be considered delivered and effective upon personal delivery, or three (3) days after posting when sent by certified mail, return receipt requested, to the address ,P2131.1. frlake Springy Ranch Owner, A9e0[1.11110,00CISrAllOn for PUD 3 wpd 39 • • of the Owner on file in the records of the Association at the time of the mailing or if no such address is available, then to the address shown by the County Assessor. Notice to the Executive Board or the Association shall be considered delivered and effective upon personal delivery, or three (3) days after posting when sent by certified mail, return receipt requested, to the Association, at the address as shall be established by the Association from time to time by notice to the Owners. General notices to all Owners need not be certified, but may be sent by regular first class mail. 17.9 Waiver or Delay in Enforcement. No failure by the Association or the Executive Board to give notice of default or any delay in enforcement of any provision or in the exercise of any right or remedy shall operate as a waiver. No waiver shall be effective unless it is in writing signed by the Chairman of the Executive Board on behalf of the Executive Board. 17.10 Choice of Law and Jurisdiction. This Declaration shall be construed and interpreted in accordance with the laws of the State of Colorado, and specifically, the provisions of the Act and not the general common law (including remedies) of tenancy -in -common. Any legal action brought in connection with this Declaration shall be commenced in the courts of Garfield County, Colorado, and by acceptance of a deed to a Lot, the Owner voluntarily submits to the jurisdiction of such courts. 18 DURATION OF COVENANTS AMENDMENT AND TERMINATION 18.1 Term. This Declaration shall remain in effect from the date of its recordation for a period of fifty (50) years. Thereafter, this Declaration shall be automatically extended for successive periods of ten (10) years each, unless otherwise terminated or modified as provided in this Article. 18.2 Amendment of Declaration. This Declaration may be amended as follows: 18.2.1 Reserved Amendment Rights. To the extent that this Declaration and the Act expressly permit or require amendments that may be executed by Declarant or by the Association, this Declaration may be amended by amendments executed solely by Declarant or solely by the Association. To the extent permitted by the Act, Declarant may execute any amendment to the Declaration required or necessary to comply with the requirements, standards, or guidelines of recognized secondary mortgage markets, the Department of Housing and Urban Development, the Federal Housing Administration, the Veterans Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or the Federal National Mortgage Association secondary mortgage market and Colorado state regulatory requirements. Declarant may also amend the Declaration or a Plat to correct clerical, typographical, or technical errors. 40 • • 18.2.2 General Amendments. Subject to any provisions of this Declaration requiring the consent of Declarant, this Declaration, any Plat and any Supplement Plats may be amended only by the vote or agreement of Owners to which more than fifty percent (50%) of the votes in the Association are allocated. 18.2.3 Special Amendments. Except to the extent expressly permitted or required by other provisions of the Act (e.g., permitted Declarant or Association amendments), the unanimous consent of Owners is required for any amendment that (I) creates or increases Special Declarant Rights, (ii) increases the number of Lots, or (iii) changes the boundaries of any Lot, the Allocated Interests of a Lot or the uses to which any Lot is restricted. 18.3 Execution of Amendments: Expenses. Any amendment shall be prepared, executed and recorded either by Declarant or by an officer of the Association designated for that purpose or, in the absence of a designation, by the President of the Association. All expenses associated with preparing and recording an amendment to this Declaration shall be the sole responsibility of: (a) any Owners desiring an amendment as provided for in this Declaration or the Act; (b) Declarant, to the extent the right to amend this Declaration is reserved to Declarant and exercised by Deciarant; or © in all other cases by the Association as a Common Expense. 18.4 When Modifications Permitted. Notwithstanding any other provision of this Declaration, no amendment or termination of this Declaration shall be effective in any event during the Period of Declarant Control, unless the written approval of Declarant is first obtained. 18.5 Recording of Amendments. Any amendment to this Declaration made in accordance with this Article shall be immediately effective upon the recording of the executed amendment in the records of the Garfield County Clerk and Recorder together with a duly authenticated certificate of Declarant or the Secretary of the Association stating that the required vote of Owners, if any, and required consents of First Mortgagees (and/or Eligible First Mortgagee, as applicable) were obtained and are on file in the office of the Association. 18.6 Termination of the Planned Community. The Planned Community may only be terminated as provided in the Act. IN WITNESS WHEREOF, Declarant has executed this Declaration this day of 200_. 41 • • The Berkeley Family Limited Partnership, a Colorado Limited Partnership By: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of 200, by as of The Berkeley Family Limited Partnership, a Colorado limited partnership. Witness my hand and official seal. My Commission Expires: 42 Notary Public COLORADO DEPARTMENT OF TRANSPORTATION 1 Issuing STATE HIGHWAY ACCEcS PERMIT APPLICATION ii III authority application Instructions: - contact tie - contact the with you \. - complete �� submit it - if you have Dep:d. ent of Transportation or your local government issuing authority to determine what plans and other documents application. this form (some questions may not apply to you) and attach to the issuing authority. Submit an application for each access any questions contact the issuing authority. to determine your issuing authority. are required to be submitted all necessary documents and requested. Please print or type 1) Property owner (Permittee) Berkeley Family Limited Partnership 2) Applicant Berkeley Family Limited Partnership street address, city 4001 County Roaa 114, Glenwood Spgs street address, city 4001 County Road 114, Glenwood Spgs state rszp CO 81601 phone # 970.945.2568 state & zip CO 81601 p 970.945.2568 3) Address of propety to be served by permit County Road 114 if known) 4) Legal description of property subdivision CarfieldI Lake Spas See Attached block IV 6S I �• 88W Ranch 1 I 1-21 1 32 1 5) What state highway are you requestng access from? 82 6) What side of the highway ON Os IDE 0 W' 7) How many feet is the proposed access feet (circle: N S from the nearest mile post? E W ) from: How many feet Is the proposed access from the nearest crass street? feet (circle: N S E W ) from: 8) Cheat here if you are requesting a O new access 0 temporary access 3 improvement to existing access 0 change in access use 0 removal of access 9) What is the approximate date you intend I to begin constriction? - 2005 10) Do you have knowledge of any State in no 0 yes, if yes Highway access permits serving this property, or adjacent pmoperdas in which you haves property interest I what are the permit number(s)?: and/or, permit date: 11) Does the property owner own or have jra no 0 yes, if yes - any interests in any adjacent property? please describe: 12) Are there other existing or dedicated fl no 0 yes, if yes - public streets, roads, highways or access easements bordering or within the property? list them on your plans and indicate the proposed and existing access points. 13) If you are requesting commercial or business industrial access please indicate the types and number of businesses and provide the floor area square footage of eadm. square footage business square footage n/a i i 14) If you are requesting agnailtural field n/a access - how many aces wit the access serve? 15) If you are requesting residential development type access, what is the type (single family, apartment. townhouse) and rsmber of units? number of units type rxmmber of units Single Family Re,sid'ential 1 21 I 16) Provide the following vehicle count 0 peak hour volumes estimates for vehicles that will use the access. leaving the property then returning is two counts. Indicate n) it.: c.1.4:1-; are or El average daily volumes. • of wayin v. and Wm sums 84 . a muni urn V. 0 Sol °b r 0 Inman@ om ung• unit velr3.. in ..cess of 30 R 0 • d nem sande (hid 0 Total count of all whtdes _ _ 84_ bordering roads ane sees. easements. rya. n) documents ' 17) Check with the issuing au.r,anry to determine (plans should be no larger than a) Highway and driveway plan b) Drainage plan showing impact c) Map and letters detailing development in and along d) Subdivision. zoning, or development which of the following 241 x 36') profile. to the highway right-of-way. utility locations before and after the nght-of-way. plan. aro required to canptete the review of your application. el Property map indicating other access, f) Proposed access design g) Parcel end ownership maps Including h) Signing and striping plums. I) Traffic control plan. p Proof of liabeity Insurance. If an access permit is issued access not consistent with the The applicant declares under laws, that all Information provided and complete. to you it will state the terms and conditions for its use. Any changes in the use of the permitted terms and conditions listed on the permit may be considered a violation of the permit. penalty of perjury in the second degree, and any other applicable state or federal on this form and submitted attachments are to the best of their knowledge true Applicants signature Date If the applicant is not the owner legally authorized represen application by all owners-of.Interest the permittee. of the property, we require this application also to be signed by the property owner or their ative (or other acceptable written evidence). This signature shall constitute agreement with this unless stated in writing. If a permit is authorized, the property owner will be listed as Property owner signature Date may be used until •uppllagonises hsust• orm•137 it • S11 E C,F COLOFADO DEPARTMENT OF TRANSPORTATION Traffic & Safety Section 222 South 6'" Street, Room 100 Grand Junction, Colorado 81501 (970) 248-7230 September 16, 2004 Berkeley Family Limited Partnership 4001 County Road 114 Glenwood Springs, CO 81601 Re: Proposed Access Permit #04-163 Dear Applicant, We have received your application for access to State Highway 82 and after a preliminary review, have determined that the following items are still required: o Site Layout Plan ❑ Warranty Deed o Adequate Vehicle Volumes Certified Traffic Study ❑ Signal Warrant Study ❑ Stake at Access Location ❑ Power of Attorney ❑ Surrounding Ownership Map ❑ Location Map j)!( Signature on Application o Partnership or Corp. Agreement Showing Signature Authority All submittals to the Department of Transportation shall become the property of the Department. Upon receipt of the Department's letter requesting more information, the applicant may provide additional data and information as appropriate, or withdraw the application. If the applicant provides additional information as requested, the 45 -day period starts over. If the applicant withdraws the application, then later resubmits an amended application, the same procedure as for the initial submittal shall be used. Attachments necessary may include plans, maps, traffic studies, surveys, deeds, agreements, documents, data and location of any significant utilities to be moved. The scale, location and anticipated impacts of the access proposal will determine the scope of the attachments necessary in the application. The applicant may be required to submit information needed to evaluate the impacts of the proposed access on the general street system (which includes the state highway). If there are any further concerns or questions, please feel free to contact this office at the above referenced address and number. Sincerely, Sherry Mc egor Administrative Assistant III P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 /1\ ./f/Z4NC4NELL4 4110 4SSOCI4TES, INC. ENGINEERING CONSULT4NTS October 25, 2004 Mr. Rob Cri •s CO Depa ent of Public Health & Environment 222 SouSixth Street, Room 232 Grand •unction, CO 81501 Re: Lake Springs Ranch PUD Dear Rob: (970) 945-5700 (970) 945-1253 Fax Enclosed are two copies of the Water System Construction Approval Application for Lake Springs Ranch PUD. If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Thomas A. Zancanella, P.E. Encl. cc: Dc. Michael Berkeley w/o encl. /John Schenk, w/encl. z:\97000's\97407 lake springs sub., dr. berkeley\2004\cdphe-submittal.doc • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW JOHN R. SCHENK DAN KERST WILLIAM J. deWINTEI;; 11:;.; CAROLYN M. STRAUTMAN OCT 2 7 2004 302 EIGHTH STREET, SUITE 310 .{3( .ENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 October 26, 2004 Dan Roussin, Permitting Unit Manager Colorado Department of Transportation 222 South 6th Street, Room 100 Grand Junction, CO 81501 Shipped Via Federal Express Tracking No. 7903 1779 7860 Re: Berkeley Family Limited Partnership, Lake Springs Filing No. 1 (21 lots) Proposed Access Permit #04-163 Dear Ms. McGregor: Without any presumption, but in hopeful anticipation of the issuance of the above referenced Access Permit, a Federal Express return envelope is enclosed to expedite the process. As you are aware, this is the last critical element to the execution of the final plat for this project. Thank you. Very truly yours, JOHN R. SCHENK JRS/clh Enc. cc: Berkeley Family Limited Partnership Fred Jarman F,�M O�luk�• Springs\Final PIatRtuu..sin i.wgl • • Fred Jarman Page 1 of Z From: John R. Schenk (jrschenkpc@hotmail.com] Sent: Wednesday, October 27, 2004 3:27 PM To: Jay Axtell; Gregory G. Shaner; Frank W. Harrington Cc: Fred Jarman; Michael Berkeley Subject: Plat changes Garfield County requires a few changes to the Final Plat for the Lake Springs Ranch PUD. Please make the following additions and corrections: 1. All notations throughout the document stating Block 1 should instead be Filing 1. 2. All notations stating Open Space should be changed to Agricultural Reserve. Sheet 1 of 6 3. In Plat Note 12(b), the word recommend should be recommended. 4. In Plat Note 12(e) on the fourth line, after the word Flatter put a period and the letters W E should be the word WE. 5. In Plat Note 12(e) on the fifth line, the word addition should be additional. 6. Please add the following plat notes: 1. This Filing 1 represents Phase 5 of the phasing plan as approved by the Board of County Commissioners by its Resolutions 79-64, 79-153 and 2004- 2. Approval of this plan shall create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended. 3. Absolute Prohibition on Sale of Lots. No lots within Lake Springs Ranch, Filing 1, may be separately advertised, contracted, reserved, leased, conveyed, sold or otherwise transferred prior to completion and acceptance by the County of all subdivision Improvements as described herein. 4. Absolute Prohibition on Additional Final Plats. Until all subdivision Improvements as described herein for Lake Springs Ranch, Filing 1, have been completed and accepted by the County, Owner shall be prohibited from submitting any further final plans for any other portion of Lake Springs Ranch PUD. 7. On the Surveyor=s Certificate, in the first line, the word state should be certify. 10/27/2004 L 01 L • • 8. On the Surveyor=s Certificate, in the third line, Block 1 should be Filing 1. 9. On the Ownership and Dedication, second paragraph, fourth line, after the words State of Colorado, insert the words being a part of the subdivision known as Lake Springs Ranch PUD,. 10. On the Ownership and Dedication, the legal description in the fourth paragraph should only be the description for Filing 1, (i.e. the 21 lots) and the agricultural open space and not the entire PUD. 11. On the Ownership and Dedication, fifth paragraph, second line, change Block 1 to Filing 1. 12. On the Ownership and Dedication, sixth paragraph, third line, the word dedicate should be dedicates. Sheet 2 of 6 13. The street name Spring Valley Place should be changed to Lake Springs Ranch Place. 14. The street name Spring Valley Drive should be changed to Lake Springs Ranch Drive. If these street addresses appear elsewhere, they should also be changed. If you have any questions, contact me. The information transmitted is intended only for the addressee and may contain confidential or privileged material. Any review, retransmission, dissemination or other use of, or any action taken in reliance upon this information by anyone other than the intended recipient is strictly prohibited. If you have received this message by error, please contact the sender and delete the material from any receiving computer. 10/27/2004 JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M. STRAUTMAN • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 October 14, 2004 Daniel Roussin Colorado Department of Transportation 222 South 6th Street, Room 100 Grand Junction, CO 81501 Re: Berkeley Family Limited Partnership Proposed Access Permit #04-163 Dear Mr. Roussin: Enclosed for your review are the following: 1. Subdivision Improvements Agreement for Lake Springs Ranch, Block 1, Lake Springs Ranch PUD. 2. Development Agreement. Please note the specific provisions of paragraph 4 of the Development Agreement to deal with access code compliance. Very truly yours, JOHN R. SCHENK JRS/clh Enc. cc: Berkeley Family Limited Partnership (w/o enc.) Fred Jarman (w/o enc.) FIM R\Llkc springs\Final piot,Rowssin 1.wpd • • INTEROFFICE MEMORANDUM To: Fred Jarman, Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: Lake Springs PUD - Review Date: 10/21/2004 Dear Fred, Upon review of the Lake Springs PUD plat, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. The adjacent owners need not be shown on a final plat. It would be good to see the entire exterior boundary annotated within one sheet. May I suggest we use the key map on sheet 1 at 1"= 500 scale? 2. The year A.D. 2004 should be filled in within all text blocks. 3. A couple of corrections in the Ownership and Dedication certificate are as follows: - Third line down from the top "and being a part of the" should be deleted. - The preamble to the description should read as it does in the title at the top of the page, every lot number should be listed. - Seven lines down from commencing "sec 34 and sec 5" should read "sec 34 and sec 3". - Second line under "that said owner" Phase is misspelled. - Ninth line down from "that said owner" ingress is misspelled. 4. All bearing breaks along the exterior boundary, block 1 and the future development areas must be monumented and indicated on the plat. Monuments are also needed along tangent lines greater than 1400 feet. 5. The open space label on sheet two should not interfere with the curve chart. 6. For future reference, the Future Development area should have a title, i.e. Parcel A or Tract 1. • • Once these comments have been addressed, the surveyor may prepare the mylar for recordnding further requirements from your office Sincerely, cott Aibner As Garfield County Surveyor cc Frank Harrington- High Country Engineering, Inc. JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M. STRAUTMAN • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 October 27, 2004 Carolyn Dahlgren Assistant County Attorney for Garfield County 108 Eighth Street, Suite 219 Glenwood Springs, CO 81601 HAND DELIVERED and TRANSMITTED VIA E-MAIL Re: Lake Springs Ranch PUD Dear Carolyn: Enclosed for your review are the following: 1. Subdivision Improvements Agreement for Lake Springs Ranch, Filing 1, Optionl. 2. Subdivision Improvements Agreement for Lake Springs Ranch, Filing 1, Option 1. 3. Comparison of the original version of the Subdivision Improvements Agreement to version 2 of the agreement. 4. Exhibit "B" to the Subdivision Improvements Agreement. 5. Quit Claim Deed for Open Space/Agricultural Reserve. 6. Quit Claim Deed for Easements. 7. Document Escrow Agreement. 8. Development Agreement. 9. Declaration of Covenants, Conditions, Restriction sand Easements for Lake Springs Ranch PUD, Filing No. 1, version 2.3. 10. Comparison of version 2.2 of the Declaration to version 2.3 of the Declaration. Very truly yours, JOHN R. SCHENK JRS/clh Enc. cc: Michael Berkeley, M.D. (Via email and w/o enc.) F:\M B\Lake Springs\Final Plat\Dahlgren I.wpd JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M. STRAUTMAN • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 October 27, 2004 Carolyn Dahlgren Assistant County Attorney for Garfield County 108 Eighth Street, Suite 219 Glenwood Springs, CO 81601 HAND DELIVERED and TRANSMITTED VIA E-MAIL Re: Lake Springs Ranch PUD Dear Carolyn: Enclosed for your review are the following: 1. Subdivision Improvements Agreement for Lake Springs Ranch, Filing 1, Option1. 2. Subdivision Improvements Agreement for Lake Springs Ranch, Filing 1, Option 1'.2. 3. Comparison of the original version of the Subdivision Improvements Agreement to version 2 of the agreement. 4. Exhibit "B" to the Subdivision Improvements Agreement. 5. Quit Claim Deed for Open Space/Agricultural Reserve. 6. Quit Claim Deed for Easements. 7. Document Escrow Agreement. 8. Development Agreement. 9. Declaration of Covenants, Conditions, Restriction sand Easements for Lake Springs Ranch PUD, Filing No. 1, version 2.3. 10. Comparison of version 2.2 of the Declaration to ` rsion 2.3 of the Declaration. JRS/clh Enc. cc: Michael Berkeley, M.D. (Via email an F:VN B\Lake Springs\Final Plat\Dahlgren I.wpd Very ly yours, JOHN • • 6 SCHMUESER GORDON MEYER ENGINEERS SURVEYORS October 11, 2004 OCT 1 3 2004 Mr. Mark Bean, Planning Director Garfield County 108 8th Street, Suite 201 Glenwood Springs CO 81601 1 1 8 W, 6TH, SUITE 200 GLENWOOD SPRINGS. CO 81601 970-945-1004 FX: 970-945-5948 P.O. Box 2155 ASPEN, CO 8 161 2 970-925-6727 FX: 970-925-4157 RE: Lake Springs PUD Review of Final Construction Documents Dated September 24, 2004 Dear Mark: CRESTED BUTTE P.O. BOX 3088 CRESTED BUTTE, Co 81224 970-349-5355 FX: 970-349-5358 The above -referenced drawings have been referred to this office for review on behalf of the Spring Valley Sanitation District. My review comments are as follows: 1. The drawings are acceptable from a Final Plat submission standpoint. 2. Before start of construction, the District will require additional construction details. I would anticipate working directly with the Applicant's engineer prior to start of construction. Please call me if I can provide any additional review comment to you. Respectfully submitted, SCHMUESER GORDON MEYER, INC. Dean Gordo District Engine DWG:Iec11503A-24 cc: Mr. Lou Eller, President Jim Neu, Esq. John Schenk, Esq. 1:1198001503\01503A\24\10-11-04 Itr to Bean.doc oc s L"' JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M.STRAUTMAN • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 October 14, 2004 Garfield County Building & Planning Department Attn: Fred Jarman, AICP, Senior Planner 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Re: Lake Springs Ranch PUD/Vested Property Right Dear Fred: Enclosed is the original Notice of Public Hearing which was signed by Mildred Alsdorf. JRS/clh Enc. cc: Michael Berkeley, M.D. (w/enc.) F:'M B\ Lake Springs\Final PlatUarman 2.wpd SCHENK, KERST & deWINTER, LLP O C T 1 5 2004 A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M. STRAUTMAN 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 October 14, 2004 Sherry McGregor, Administrative Assistant III Colorado Department of Transportation 222 South 6`I' Street, Room 100 Grand Junction, CO 81501 Re: Berkeley Family Limited Partnership Proposed Access Permit #04-163 Dear Ms. McGregor: With regard to the above referenced proposed Access Permit, please find enclosed a copy of a letter from High Country Engineering, Inc., to Garfield County Building and Planning Department dated September 21, 2004, together with a copy of the Traffic Impact Analysis for Lake Springs P.U.D. as referenced in that letter. Very truly yours, JOHN R. SCHENK JRS/clh Enc. cc: Berkeley Family Limited Partnership (w/o enc.) Fred Jarman (w/o enc.) h\M v +wir ori,..no z.w„ i JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, IU CAROLYN M.STRAUTMAN • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 OCT 1 2 2004 October 8, 2004 Sherry McGregor, Administrative Assistant III Colorado Department of Transportation 222 South 6`h Street, Room 100 Grand Junction, CO 81501 Re: Berkeley Family Limited Partnership Proposed Access Permit #04-163 Dear Ms. McGregor: Pursuant to your request in your letter dated September 16, 2004, enclosed are the following: 1. Certified Traffic Study, which includes: a. Garfield County Traffic Counts - 2002, by County Road Number. b. Garfield County Traffic Counts - 2002, by Average Daily Vehicles. c. Garfield County Traffic Counts - 2002, by Traffic Study Area. 2. Signed Application. If there is anything else required, please advise. Thank you for your assistance. Very truly yours, JOHN R. SCHENK JRS/clh Enc. cc: Berkeley Family Limited Partnership (w/enc.) Fred Jarman (w/Application only.) h �\M If\SIN4 oF('ok,,ak, I.wpd JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, 111 CAROLYN M.STRAUTMAN • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 October 25, 2004 Garfield County Building & Planning Department Attn: Fred Jarman, AICP, Senior Planner 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 HAND DELIVERED Carolyn Dahlgren Garfield County Attorney 108 Eighth Street, Suite 219 Glenwood Springs, CO 81601 HAND DELIVERED Re: Lake Springs Ranch PUD Greetings: Enclosed for your review are the following: 1. A copy of the revised Final Plat for Lake Springs Ranch, Block 1, Lake Springs Ranch PUD incorporating the requested changes required by the Garfield County surveyor in his memo to the Building and Planning Department dated October 21, 2004. 2. Revised Improvement Cost Estimate provided by High Country Engineering, Inc. 3. Appraisal of the property by High Country Appraisal Associates dated October 22, 2004. 4. Proposed Quit Claim Deed from Berkeley Family Limited Partnership to Lake Springs Ranch Owners Association for the open -space. 5. Proposed Quit Claim Deed from Berkeley Family Limited Partnership to Lake Springs Ranch Owners Association for the water tank site, water well site and utility and access corridor. 6. Copies of property descriptions for the open s ce and utility easements prepared by High Country Appraisal Associates dated October 22, 004. JRS/clh Enc. cc: Michael Berkeley, M.D. (w/enc.) \\Hal\1\M B\Lake Springs\Final PlatJarman & Dahlgren 2.wpd Very t yyours JO JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M. STRAUTMAN • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 October 26, 2004 Garfield County Building & Planning Department Attn: Fred Jarman, AICP, Senior Planner 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 HAND DELIVERED Re: Lake Springs Ranch PUD/Vested Property Right Dear Fred: Enclosed is the original Proof of Publication from the Glenwood Springs Post Independent for the Notice of Public Hearing. JRS/clh Enc. cc: Michael Berkeley, M.D. (w/enc.) FAM B\Lake Springs\Final PlatVarman 3.wpd JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, 111 CAROLYN M. STRAUTMAN • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 October 29, 2004 Garfield County Building & Planning Department Attn: Fred Jarman, AICP, Senior Planner 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 HAND DELIVERED Re: Lake Springs Ranch PUD, Filing 1 Dear Fred: Please find enclosed: 1. A copy of the "stamped" Engineering Cost Estimate. The original will be delivered Monday for attachment to the approved SIA. 2. A digital copy of the Final Plat and Plans from High Country Engineering, Inc., for Filing 1. JRS/clh Enc. cc: Michael Berkeley, M.D. (w/o enc.) FAM B\Lake Springs\Final PlatUannan G.wpd Very truly yours,, 56,500.00 I.. 1 .I.t.' l': S P R i ,', I iS .:)( 7., i \1Ai:\ ..,i el\GBAtil...i..,,,,,-;N•si ki,,L ii.u..,,, Lk.),,, 4 4'k' iiii 4 0 4, N1.4.41\ Li44<,44)4.310-i'',i October 28, 2004 HCE J013 NO: 2041025.0( k: \ qprodata \ file \ 204 \ 1025 \ COST ESTIMATE I 0-28-04.xl . i. ITEM QUANTITY UNIT COST! COS1 Earthwork (CUT) 23012! . . : $2.50! 557,530.0( ., 4" Asphalt 21167 S.Y. i 6" Class 6 ABC (Roadway, Shoulders, and Tank road) 9935 C.Y. 4" C900 Waterline 4" Valve 1335 L. 3 8" C900 Waterline 8" Temp Blow Off Valve 9975 Each $11.50 5243,420.50 530.00' 5298,050.00 Subtotal i 5599,000.50 $32.00. 542,720.00 $850.00 L.F. 538.00 3 Each 8" Air Realese Valve 8" Valve 8" PRV Valve & Vault $500.00 $2,550.00 $379,050.00 $1,500.00 2 Each 22 Each 1 Each 10" C900 Waterline 10" Valve 26871 L.F. 10" Air Realese Valve 12" C900 Waterline 12" Valve 3/4" Water Service Fire Hydrant Assembly $3,250.00 $1,000.00 522,000.00 $11,500.00 511,500.00 $43.001 5115,541.00 4 Each $1,350.00 55,400.00 1 Each 53,250.00! 53,250.00 -:, 548 L.F. $48.004 526,304.00 1 Each $1,850.00 51 850.00 ., 21 Each $900.00: 518,900.00 25 Each Water tank and Pump System (All items for system included) 1 Each 4' Dia. Manhole 8" SDR 35 Sewerline 4" Sewer Service 4" HDPE Forcemain Each 53 800.00 • $95,000.00 $350,000.00 $350,000.00 Subtotall 51,082,065.00 $2,200.00. 533,000.00 4" HDPE Forcemain Cleanout 3520 L.F. 20 Each 1709 L.F. 3 $35.00 $123 200.00 $850.00. 517,850.00 $25.001 $42,725.00 Each 5500.001 51,500.00 4" HDPE Forcemain Lift Station(Complete in Place) 0 Each $50,000.00! $50,000.00 Gas, Electric, Telephone, Cable TV 7272 L.F. V437 77-4, 444, 54" ADS -N12 54" FES 30" ADS -N12 'Am 444.44 .Ykt 30" FES 24" ADS -N12 24" FES 18" ADS -N12 18" FES 1041411:" 50 I L.F. 21 Each Subtotal, $268,275.00 $36.00 Subtotal $261,792 00 $261,792.00 40 1 L.F. 21 Each 120 1 L.F. 1- 41 Each 370 1 L.F. 14 1 Each $75.001 53,750.00 52,250.001. $4,500.00 $42.001 51,680.00 $600.001. 536.001 5525.001 530.001 5455.001 51,200.00 $4,320.00 52,100.00 511,100.00 $6,370.00 Subtotal i $35,020.00 Silt Fence 8,945 L.F.! Straw Bales 256 Each Revegetation of Disturbed Areas (Seeding & Mulching) 10.3 Acres Class 1 Ground Sign • 3! Each Street I.D. Sign 4 Each This opinion of probable construction cost was prepared for estimating purposes only. This estimate is based on unapproved construction documents and quanities are subject to change. This estimate does not include engineering services, tap fees, construction testing, construction administration, utility soft costs. High Country Engineering Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. All utilitiy prices are for complete and in place construction, including all fittings. $2.50 $22,362.50 55.00 $1,280.00 $2,000.00 Subtotal $200.00 $200.00! 5800.00 Subtotal! $1,400.00 520,600.00 $44,242.50 5600.00 Subtotal Contingency (10%) $2,291,795.00 $229,179.50 Testing/Engineering (2.0%) $45,835.90 Survey (3.5%)i $80,212.83 Construction Mgmt (3.5%) $80,212.83 TOTAL - Other $2,727,236.05 • • Fred Jarman From: Steve Anthony Sent: Thursday, October 28, 2004 10:09 AM To: Fred Jarman Subject: Lake Springs Reveg Security Should be $20,000 ($2,000 per acre X 10 acres of disturbance) 10/28/2004 Page 1 of 1 • CIVIL ENGINEERING An Employee -Owned Company PROPERTY DESCRIPTION OPEN SPACE PARCEL • LAND SURVEYING A PARCEL OF LAND SITUATED IN GOV'T LOT 5 AND 6 OF SECTION 32 AND IN GOV'T LOT 7, 8, 9, 10, 16, 17, 20 AND 21 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33; THENCE N89°40'02"W ALONG THE SOUTHERLY BOUNDARY OF SAID SECTION 33 A DISTANCE OF 434.93 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY N89°40'02"W A DISTANCE OF 2,067.79 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY N01°58'08"E ALONG THE WESTERLY BOUNDARY OF SAID GOV'T LOT 20 AND 17 A DISTANCE OF 2,064.02 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 33; THENCE N87° 10'45"W ALONG THE SOUTHERLY BOUNDARY OF SAID GOV'T LOT 9 AND 6 A DISTANCE OF 383.69 FEET; THENCE NO2°44'55"E A DISTANCE OF 226.12 FEET; THENCE N20°07'40"W A DISTANCE OF 1143.91 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SPRING VALLEY ROAD (PROPOSED); THENCE S89°05'51 "E ALONG SAID RIGHT-OF-WAY A DISTANCE OF 553.17 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,320.00 FEET AND A CENTRAL ANGLE OF 32°57'29", A DISTANCE OF 759.30 FEET (CHORD BEARS S72°37'06"E A DISTANCE OF 748.88 FEET); THENCE LEAVING SAID RIGHT-OF-WAY S39°45'38"W A DISTANCE OF 201.52 FEET; THENCE S19°49'18"E A DISTANCE OF 223.31 FEET; THENCE S39°03'44"E A DISTANCE OF 517.33 FEET; THENCE N59°33'05"E A DISTANCE OF 317.38 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SPRING VALLEY ROAD (PROPOSED) ; THENCE ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,620.00 FEET AND A CENTRAL ANGLE OF 03°3T14", A DISTANCE OF 100.01 FEET (CHORD BEARS S30°36'47"E A DISTANCE OF 100.00 FEET); THENCE LEAVING SAID RIGHT-OF-WAY S59°33'05"W A DISTANCE OF 365.10 FEET; THENCE S47°51'59"W A DISTANCE OF 190.00 FEET; THENCE S21°5927"E A DISTANCE OF 473.64 FEET; THENCE S75°28'47"E A DISTANCE OF 190.00 FEET; THENCE S17°00'24"E A DISTANCE OF 602.96 FEET; THENCE S31 °20'56"E A DISTANCE OF 929.26 FEET; THENCE S53°05'20"E A DISTANCE OF 415.90 FEET; THENCE S00°19'58"W A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 94.340 ACRES, MORE OR LESS. P0) REG,ST� 2041025.00 October 21. 2004 K:\wp\204\1025\openspacedesc.doc 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.5676 phone 970.945.2555 fax �'%i O N`AR ,,r O .1 ii No=a''1\ 4f /CN 1`10 r www.hceng.com \\\�"`�� 014 Inverness Drive East, Suite F-12(1 Englewood, (X) 80112 303.925.0544 phone 303.925.0547 fax CIVIL ENGINEERING An Employee -Owned Company • LAND SURVEYING PROPERTY DESCRIPTION 60' NON-EXCLUSIVE ACCESS/UTILITY EASEMENT A 60.00 FOOT WIDE STRIP OF LAND SITUATED IN GOV'T LOT 13 AND THE NE1/4SE1/4 OF SECTION 33 AND THE SW1/4SW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND LYING 30.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE QUARTER CORNER OF SAID SECTION 33; THENCE S68°55'42"W A DISTANCE OF 999.77 FEET TO A POINT IN THE CENTERLINE OF COUNTY ROAD NO. 114, THE POINT OF BEGINNING; THENCE LEAVING THE CENTERLINE OF SAID COUNTY ROAD S46°51'11 "E ALONG THE CENTERLINE OF SAID EASEMENT A DISTANCE OF 459.24 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 850.00 FEET AND A CENTRAL ANGLE OF 54°1024", A DISTANCE OF 803.68 FEET (CHORD BEARS S19°45'59"E A DISTANCE OF 774.07 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S07° 19' 13"W A DISTANCE OF 342.67 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 102°49'58". A DISTANCE OF 358.95 FEET (CHORD BEARS S44°05'46"E A DISTANCE OF 312.68 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N84°29'15"E A DISTANCE OF 130.49 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 380.00 FEET AND A CENTRAL ANGLE OF 64°55'05", A DISTANCE OF 430.55 FEET (CHORD BEARS N52°01'43"E A DISTANCE OF 407.89 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N19°34'10"E A DISTANCE OF 50.92 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 57°24'55", A DISTANCE OF 300.63 FEET (CHORD BEARS N09°08'18"W A DISTANCE OF 288.20 FEET); THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 250.00 FEET AND A CENTRAL ANGLE OF 34°3024", A DISTANCE OF 150.56 FEET (CHORD BEARS N20°35'33"W A DISTANCE OF 148.30 FEET) TO A POINT ON THE NORTHERLY BOUNDARY OF THE SW1/4SW1/4 OF SAID SECTION 34, THE TERMINUS (WHENCE THE EAST QUARTER CORNER OF SAID SECTION 34 BEARS N09°36' 16"W A DISTANCE OF 1249.07 FEET). 2041025.00 October 21. 2004 60 NON-EXCLUSIVE ACCESS -UTILITY EASEMENT.doc 1 517 Blake Avenue, Suite 101 ( k ii wood Springs, CO 81601 970.945.S676 phone q70.945.2555 tax www.hceng.com 14 Inverness Drive East, Suite F-120 Englewood, CO 80112 303.925.0544 phone 303.925.0547 tax CIVIL ENGINEERING An Employee -Owned Company • PROPERTY DESCRIPTION ACCESS AND UTILITY EASEMENT LAND SURVEYING A PARCEL OF LAND SITUATED IN THE SW1/4SW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER OF SAID SECTION 33; THENCE S12°06'09"E A DISTANCE OF 1,656.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF A 60' NON-EXCLUSIVE ACCESS/UTILITY EASEMENT, THE POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF330.00 FEET AND A CENTRAL ANGLE OF 06°56'57", A DISTANCE OF 40.02 FEET (CHORD BEARS N07°51'47"E A DISTANCE OF 40.00 FEET); THENCE LEAVING SAID RIGHT-OF- WAY S82°15'10"E A DISTANCE OF 355.03 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 250.00 FEET AND A CENTRAL ANGLE OF 83°34'48", A DISTANCE OF 364.69 FEET (CHORD BEARS S40°27'46"E A DISTANCE OF 333.20 FEET); THENCE S01°19'38"W A DISTANCE OF 99.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 68.00 FEET AND A CENTRAL ANGLE OF 250°16'47", A DISTANCE OF 297.04 FEET (CHORD BEARS N53°31'59"W A DISTANCE OF 111.21 FEET); THENCE N06°49'41 "W A DISTANCE OF 144.76 FEET; THENCE N39°48'27"W A DISTANCE OF 26.45 FEET; THENCE N33°02'30"W A DISTANCE OF 83.23 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 210.00 FEET AND A CENTRAL ANGLE OF 14°15'10", A DISTANCE OF 52.24 FEET (CHORD BEARS N75°07'35"W A DISTANCE OF 52.10 FEET); THENCE N82°15'10"W A DISTANCE OF 355.11 FEET TO THE POINT OF BEGINNING: SAID PARCEL OF LAND CONTAINING 1.262 ACRES, MORE OR LESS. 2041025.00 October 21. 2004 Access and utility easement (tank).doc 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.8676 phone 970.945.25.55 fax wv,w.hrcn,.7.. om 14 Inverness Drive East, Suite F-120 Englewood, CO 80112 303.925.0544 phone 303.9''5.05,17 lax CIVIL ENGINEERING An Employee -Owned Company PROPERTY DESCRIPTION 30' WELL EASEMENT • LAND SURVEYING A 30.00 FOOT WIDE STRIP OF LAND SITUATED IN GOV'T LOT 13 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND LYING 15.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE QUARTER CORNER OF SAID SECTION 33; THENCE S03°13'15"W A DISTANCE OF 1,964.52 FEET TO A POINT ON THE CENTERLINE OF A 60' NON-EXCLUSIVE ACCESS/UTILITY EASEMENT, THE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE N17°33'09"W ALONG THE CENTERLINE OF SAID WELL EASEMENT A DISTANCE OF 218.10 FEET TO THE TERMINUS (WHENCE THE EAST QUARTER CORNER OF SAID SECTION 33 BEARS N05°44' 12"E A DISTANCE OF 1762.30 FEET). 2041025.00 October 21. 2004 30 WELL EASEMENT.DOC I517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.8676 phone 970.945.2555 fax • WWy.hccng.com 14 Inverness Drive East, Suite F-120 Englewood, CO 80112 303.925.0544 phone 303.925.0547 fax • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW JOHN R. SCHENK DAN KERST WILLIAM 1. deWINTER, III CAROLYN M. STRAUTMAN.L't. 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 OCT 2 7 2004 October 27, 2004 Garfield County Building & Planning Department Attn: Fred Jarman, AICP, Senior Planner 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 HAND DELIVERED Re: Lake Springs Ranch PUD Dear Fred: Enclosed is the original Certificate of Taxes Due issued by the Garfield County Treasurer for the Berkeley Family Limited Partnership property. JRS/clh Enc. cc: Michael Berkeley, M.D. (w/enc.) F:Vvt Bake Springs\Final Plat\Jamian 4.wpd Ve truly your JO Report Date: 10/26/2004 02:42PM • • GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 200404433 SCHEDULE NO: R111779 ASSESSED TO: BERKELEY FAMILY LIMITED PARTNERSHIP 3961 COUNTY ROAD 114 GLENWOOD SPGS, CO 81601-9396 VENDOR NO: JOHN SCHENK LEGAL DESCRIPTION: SECT,TWN,RNG:32-6-88 DESC: LOTS 5(22.69 AC), 6(13.04 AC). SEC. 33: LOTS 7(26.07 AC), 8(3.38 AC), 9(1.94 AC), 10(14.99 AC), 11(12.27 AC), 12(35.95 AC), 13(35.95 AC), 14(12.27 AC), 15(6.38 AC), 16(33.62 AC), 17(41.06 AC), 20(26.07 AC), 21(21.35 AC), 22(4.05 AC), 23(25.40 AC), NESE, SEC. 34: SWSW 7-88, SEC. 4: LOTS 2(14.60 AC), 3(2.33 AC), 9(25.40 AC), ALSO A TR CONT 36.20 AC. EXCEPT A TR CONT. 36.00 AC IN SEC. 33-6-88, ALSO A TR CONT 17.861 AC. IN THE NE1/4 OF SEC. 4-7-88, EXCEPT A TR CONT 10.008 AC IN SEC. 34-6-88, ALSO ADD A TR CONT 10.07 AC IN SEC. 34-6-88, & SEC. 4-7-88, EXCEPT A TR OF LAND CONT 17.861 AC. EXCEPT FOR 2 TRACTS OF LAND PARCEL A(5.676 AC.),AND PARCEL B(4.394 AC.) CONT A TOTAL OF 10.07 AC.+/-, ALSO A TR OF LAND CONT 10.008 AC. +/- . PRE:R111319 AND/THRU:& TO:R111758 BK:0727 PG:0969 BK:0700 PG:0807 BK:0462 PG:0200 BK:1362 PG:286 RECPT:605123 BK:1362 PG:143 RECPT:605080 BK: 1361 PG:37 RECPT:604845 BK:1360 PG:684 RECPT:604780 BK:1360 PG:682 RECPT:604779 BK:1352 PG:766 RECPT:602872 BK:1352 PG:765 RECPT:602871 BK:1322 PG:982 RECPT:596128 BK:1322 PG:979 RECPT:596127 BK:1322 PG:977 RECPT:596126 BK:1270 PG:830 RECPT:584839 BK:1270 PG:817 RECPT:584839 BK:1155 PG:26 RECPT:553569 BK:1042 PG:0142 BK:1042 PG:0139 BK:0899 PG:0797 BK:0899 PG:0796 BK:0841 PG:0512 BK:0763 PG:0091 PARCEL: 2187-334-00-106 SITUS ADD: 003961 114 COUNTY RD GLENWOOD SPRINGS TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 2,234.02 0.00 0.00 2,234.02 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE AS OF 10/26/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 012 -1 R-MF1 Authority Mill Levy Amount Values Actual Assessed GARFIELD COUNTY 10.649 391.13 AGRICULTUR 62,430 18,110 SPRING VALLEY SAN 4.000 146.92 AGRICULTUR 16,560 4,800 CARBONDALE FIRE 5.135 188.61 AGRICULTUR 173,630 13,820 BASALT WATER CONSER 0.072 2.64 COLO RIVER WATER CONS 0.255 9.37 TOTAL 252,620 36,730 SCHOOL DISTRICT RE -1 33.709 1,238.13 COLORADO MTN COLLEGE 3.997 146.81 ROAD & BRIDGE FUND 0.497 18.25 DEPT SOCIAL SERVICES 1.392 51.13 GARFIELD CAP EXPEND 1.117 41.03 TAXES FOR 2003 60.823 2,234.02 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPT 1, 2004, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 26th day of October, 2004. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 ' IVI RCM 111111 11111 11 1 11111 11 111 11111 1111 1111 0,4 12/23/2002 01:09P B1419 P563 LSDORF 9 R 0.00 D 0.00 GARFIELD COUNT 1 ITATE OF COLORADO county of Garfield 1 )ss • At a regular meeting of the Board of County Commissioners for Garfield County, C 'lorado, held in ie Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs i n Tuesday, the 12th ofNovember, A.D. 2002, there were present: 1 1 John Martin Larry McCown Walt Stowe Dun Derui cl , Commissioner Chairman , Commissioner , Commissioner , Coumy Attoiney Mildred Alsdorf , Clerk of the Board td Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. O aQ — I D RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY P LkKE SPRINGS RANCH PUD SUBDIVISION 1 WHEREAS, The Berkeley Family Partnership, Miriam Berkeley made a Board of County Commissioners of Garfield County for approval of a Preliminary Plan for ch PUD Subdivision; WHEREAS, the Garfield County Planning Commission reviewed the Lake Sp reliminary Plan subdivision application and recommended approval to the Bo 2nm i ssi overs; 1 WHEREAS, based on the material submitted by the applicant, the recommendatio Commission and the comments of the Garfield County Planning Department, this Board 1 1 1 That proper publication, public notice and posting was provided as requir hearings before the Planning Commission and Board of County Commissi•ners. N FOR THE lication to the eT_ake Stirinm ;s Ranch PUD d of County of the Planning ds as follows: by law for the That the hearings before the Planning Commission and Board of County were extensive and complete, that all pertinent facts, matters and issues w that all interested parties were heard at that hearings. Commissioners e submitted and MAI Mil Ina 1111111111 i �112/23/2002{l01:09P 81419 P564rMliALSDORF pZ 0.00 D 0.00 GARFIELD COUNTY C. • 3. That the Garfield County Planning Commission recommended approval of th e Preliminary Plan. 4. That the proposed subdivision ()fluid is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. 5. That all data, surveys, anlyses, studies, plans and designs as required by the State of Colorado and Garfield County have been submitted, reviewed, and found to meet all sound planning and engineering requirements of the Garfield County Subdivision Revelations. 6. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 7. That for the above -stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, TFIEREFORE, BE IT RESOLVED that the Preliminary Plan of the Lake Springs RanchPUD lubdivision for the following described nmincorporated area of Garfield County be appraved with the Rowing conditions: /1. All representations of the applicant made in the application and at the hearings before the Planning Commission and Board of County Commissioners shall be considered conditions of approval, unless approved otherwise by the Board_ 2. As a part of any Final Plat submittal, the applicant shall include an analysis of the traffic impacts of the phase being platted and include at Least 50% of that fee at the time of platting and include in the disclosure statements to prospective and new property owners a statement identifying their obligation to pay the remaining 50% at the time of building 1 permit approval. 3. The applicant will provide an appraisal of the property prior to development that is no more 1 than 24 months old, to be used to establish the school site acquisition fee to be paid at the 1 time of final platting of the property. 4. Impact fees shall be p paid to the Fire District prior to finalization of the final plat. The applicant shall adhere to the recommendations of the Carbondale and Rural Fire 1 Protection District. 5. The improvements included with the Final Plat will include a revegetation provision for the disturbed areas associated with the improvements for the subdivision, along with security to guarantee that the revegetation has been successful. 6. Approval of the Preliminary Plan requires the developer to complete the planing of all 1 1 *11111 1111111 gull 11111111 1111111 111 11111 1111 1111 12/23/2002 01:09P 81419 P565 DORF 8.0.00 0 0.00 GARFIELD COUN 1 1 1 1- 1 1 1 111 9. Prior to the approval of a final plat, the Plans and Specifications for the drinking water system must be submitted to the Colorado Department of Public Health and Environment. Technical Services Unit, for Capacity Development approvaL 1 1 • phases within 15 years and the first Final Plat must be recorded within one year of the final approval of the Preliminary Plan. 7. Hepworth-Pawlak Geotech's recommendations shall be followed. Site specific studies shall be conducted for individual lot development. The need for site specifi: studies shall be disclosed in the covenants and on the plat in the forrn_af_a_plas_natxe recommendations include the following: a. Prospective building owners should be made aware of the potential low rink of evaporate deformation. If the low risk is not acceptable to building owners, it can be reduced by the use of heavily reinforced foundation system preferably without a basement. b. It is recommend that buildings not be located within 50 feet of the mapped fault trace unless site specific studies show that a fault is not present or, if present, the Fault is not geologically young . c. It is recommenced tnat additional subsurface expToranon be made m t�iese areas to evaluate the engineering characteristics of the lake deposits . d. The recommended foundation system will depend on the site specific expansion potential. Also, a structural floor system over a crawlspace may be warranted depending on the expansion potential at a specific building site. A site specific foundat-on study by the individual lot owners should be conducted for design level recommenda-ions. e. More extensive grading should be evaluated on a site specific basis. As previously recommended, cut and fill should not excccd 10 feet deep and cut and fill slopes should be 2: 1 (horizontal to vertical) or flatter. We should review the proposed gra-ling plans when available and determine if addition subsurface exploration and analysis are needed. f. The channel crossing should be designed for the appropriate flood discharge and include provisions for a high sediment concentration flooding. Hydrologic analysis in this area should also consider flood flow velocities and the need for channel erosion stabilization to protect proposed Lots 11, 12 and 13, Block 2. g. Occupied structures should be designed to withstand moderately strong ground shaking with little or no damage and not to collapse under stronger ground shaking. The region is in the Uniform Building Code, Seismic Risk Zone 1. 8. Since the applicants have not determined what type of development will occur on the cluster lots, it will be necessary to have the cluster lots subject to Preliminary Plan review, on a lot specific basis. ,. MOM 11•11111 i .A■JJ SII lIHhII III IIIA 1111 1111 1r,7155 112/23/2002 01:09P B1419 P h RLSDORF of 9R0.00D0.00GpRI D CO CO 1 1 1 w 1 1- 1 1 1 1 1 1 1 1 1 1 1 1 • 10. Thatprior to any final plat approval, the applicant shall gii e the Spring Valley Sanitation district the opportunity to review and approve the wastewater collection system plans for the development. 11. The following plat notes shall be placed on the final plat: 'The individual lot owners shall be responsible for the control of noxious weeds." "Application for a building permit for each Iot within the subdivision shall include a site specific foundation study done by a qualified registered professional engineer in the State of Colorado." "Garfield County has adopted a "Right to Farm" provision in the Garfield County an in Resolution in Section 1.08, which states among other thin_ that "residents and visitors must be prepared to accept the activities, sihts, sounds and smells of Garfield County's ag1 ic:idt� al opei aliur -aspectoii•es• rural character and a healthy ranching sector." "One (1) dog will be allowed for each residential unit on this lot, and the dog shall be required to be confined within the owner's property boundaries. Enforcement provisions shall be developed for allowing the removal of a dog from the area as a final remedy in worst cases." • • 11 • `No open hearth solid -fuel fireplaces will be allowed on this lot. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. - "All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward; towards the interior of the lot. Provisions may be made to allow for safety lighting that goes beyond the property boundaries." 12. The following amendments to the covenants need to amended or added. a. Section 8.16, Animals and Pets, needs to be modified to allow for only one (1) dog per household, rather than the two proposed. b. Section 4.3 of the draft covenants should include maintenance of drainage s mctures. 13. That the Final Plat submitted, include a digital copy of the Final Plat and attached documents on disk, to a standard acceptable to the Garfield County Information Technology Department. 14. The names of the roads within the subdivision will be changed to avoid confusion with 1155 1:4/Z2/2002 01:09P 81419 P557"71+PLSDORFI 11 9 R 0.00 D 0.00 GARFIELD C0110 CO other county roads for safety purposes. 1 1 1 1 1 A 1 1 1 1 r i 1 15. .The applicant shall make application to the Colorado Department of Transportation, pursuant to Section 12 (b) of the State Highway Access Code, for a permit for the reconstruction of an existing access at the intersection of County Road 114 and State Highway 82. Such application and approved permit shall be tendered as a part of the approved phasing plan and shall be included with the applicable final plat ocuments specifically the subdivision improvements agreement that includessecurity for the y intersection improvements 16. Roadways. The current preliminary j an ses fourteen separate accesses onto Garfield jlCounty Roadcation for Springs herein Per CR114". Notwithstanding any future Board of Countyr' CRI re . approvals which may be obtained for the currently propCommissioners amendm is to current for the Lake Springs Ranch PUD from CR114 and the opresent design of p ovements to CRI 14 through the Lake Springs Ranch PUD, based on agreements and rep esentations of ... • ses - L• n - s . •• n • Ctit�ld.. a Grade of Cranfield County Road 114 at Intersections: At intersections wi • Lake Springs Ranch development roads, the vertical alignment of Garfield Co . •ty Road 114 shall have grades no greater than 5% for a from the centerline of the intersecting roadm� distance of 25 -feet . measured b. Grade of Intersecting Road at Intersections: At intersections with Garfie d County Road 114, all Lake Springs Ranch development roads shall have grades .o•greater than 4% for a minimum distance of 120 -feet as measured from the centerline • f Garfield County Road 114. c. Angle of Intersections: Intersections shall be designed as nearly to right gies as possible, with no intersecting angles of less than 85 degrees. The centerle of'' intersecting roads shall be designed with a tangent at the intersection wi a minirr_um tangent length of 60 -feet as measured from the centerline of Garfield Co . ty Road 114 to the first Point of Curvature (P.C.) on the intersecting road. d. Proximity of Adjacent Intersections: Where two Lake Springs Ranch de elopment roads intersect Garfield County Road 114, the intersecting centerlines ss all be directly aligned, or shall be separated not less than 200 -ft as measured betw- -' intersecting centerlines. In the event that one or both of the intersecting streets requ es that County Road 114 be provided with auxiliary; lanes (acceleration and/or • eceleration lanes) as provided for herein, then the intersecting street centerlines shal be offset sufficient distances so that the minimum length of the auxiliary lanes, as required for herein, are provided and do not overlap. a e. Requirement for Auxiliary Lanes: Intersections of all Lake Springs Ranch development roads shall be provided with auxiliary lanes (left tum dece erasion lanes, right tum deceleration lanes, right turn acceleration lanes, and left turn acceleration lanes) applying criteria set forth in Section 3.9 of the Colorado State Highway Access Code dated August 31, 1998. i153 12/Z3/2002 01:09P 81419 P558 M ALSDORF C 9 R 0.00 D 0.00 GARFIELD COU CO 1 1 1 1 1 1 1 1 f. Design Criteria for Auxili • �y •Lanes: The design of all required auxiliary lanes shall be in accordance with then applicable Garfield County specifications, as applicable, and Section 4 - Design Standards and Specifications of the Colorado State Highway Access Code dated August 31, 1998. g. .Intersection Sight Distance: At intersections of Lake Springs Ranch development roads and Garfield County Road 114, clear zones shall be designed and maintained to provide sight distance for the vehicle on the intersecting road (stop or yield) to observe a moving vehicle on Garfield County Road 114. The clear zone shall be maintained free of all vegetation and objects taller than 24 -inches except for traffic signs. The sight distance shall be measured from a point on the intersecting road (stop or yield) which is 10 -feet from the edge of pavement on Garfield Coun'y Road 114. The minimum intersection sight distance, for intersections with Garfield County Road 114 based on a 35 MPH design speed shall be 350 -feet h. Access Points: Direct accesses onto Garfield County Road 114 by individual lots shall be prohibited. No individual lot shall access a Lake Springs Ranch development — ro$d-withim-a-distance of 1-89-i r :.::: 14, as measured from the nearest edge of pavement of Garfield County Road 114. Utilities and Street Construction: Street and road constriction shall not proceed beyond subgrade preparation until all utilities which are intended to be placed under any part of the street or road are complete, including all service lines, and all utility tenches are backfilled and compacted in accordance with the street or road construction specifications as provided by a registered geotechnical engineer. Other Design Criteria: Except as modified above; CR 114 shall be subject to the following design parameters: J• Garfield Countv Road 114 Desi Criteria Design Capacity (Vehicles Per Day) Minimum Right of Way Width Type of Surface for Driving Lanes and Shoulders 2500± 80 -feet Asphalt Pavement Design and Subgrade Stabilization Minimum Driving Lane Width Minimum Shoulder Width Prepared By Re .stered Geotechni Based On Site Specific Soil Anal Anticipated Traffic Volume For 20-Y Life 12 -feet 6 -feet Frlo-i n eer ;is And .ar Design Ditch Width and Storm Drainage Culverts Designed by Professional Fngineer t Minimum Hydraulic Capacity to Conve From 100 -year Storm Even ) Provide y Peak Flow 2%1 il111 11111,1 111111 111111 RNLI III Hall In 11111 IIIc 111 7155 /2/23/2002 01:09P B1419 P51101 ALSDORF lkf 9 R 0.p0 D 0.00 GARFIELD COU CO 1 1 1 Cross Slope Shoulder Slope Garfield County Road 114 Design Criteria Minimum Design Speed [Miles Per Hour] Minimum Centerline Radius [Feet] Rate of Superelevation: 2% Crown Section 2% o 8% Based on Superelevation Design of Roadway by Professional Engineer Identical to Cross Slope 35 MPH Varies with Superelevation 610 -feet 470 -feet 4% 420 -feet 6 380 -feet 1 1 i i i 8 Minimum Percentage of �R�tnnnf �n Tgntrant Minimum Runout Length [Feet] % 350 -feet 80% Change in Rate of Superelevation:. 4% 6% 8% Varies with Change in Rate of Superelevation 84 -feet 12.6 -feet 168 -feet 10% 12% 14% 210 -feet • 252 -feet 294 -feet 16% Maximum Centerline Grade IYTini.munn Centerline Grade K Value for Crest Vertical Curve K Value for Sag Vertical Curve 336 -feet 10% 1%° minimum 50 minimum 17. Well Monitoring. Lake Springs shall participate with Spring Valley and other land owners in the Spring Valley area in a ground water monitoring pi o gram to monitor water levels in the Spring Valley Aquifer, as described in the Memorandum dated December 6, 2000, authored by Anne Castle and Chris Thome of Holland & Hart attached as Exhibit A The data collected pursuant to the monitoring program shall be provided to and maintained by the M 14/rai ctoXIL 01:09P 81419 P570 h RLSDORF 113 R 0:00 D 0.00 GRRFIELD COUNT`( lli Basalt Water Conservancy •District • (the Basalt District"). If and when the monitoring program, or other reliable data and information, provide evidence of a long term trend that indicates an inability of the Spring Valley Aquifer to satisfy expected demand associated with decreed water rights owned by Lake Springs, Spring Valley, and the other parties participating in the monitoring program, the applicant shall cooperate with the Basalt District to identify and implement necessary and appropriate corrective measures which may include: (a) implementation of water conservation measures and/or (b) evaluation of the opportunities for provision of a substitute water supply from a supplemental source. 18. Fire Protection. Under the terms of Resolutions No. 2000-95 and 2002-07, Spring Valley will be developing a fire station within its project that is planned to be proximate to the Lake Springs Ranch PUD and which, for all practical purposes upon construction, will be the first responding fire protection station to any fire within the Iake Springs Ranch PUD which is currently in the Carbondale Fire Protection District. Accordingly, if a fire station is so constructed within the Landis Creek Metropolitan District, Lake Springs agrees to use reasonable efforts to include Lake Springs Ranch PUD within the Tandis CreekMetropolitan District fire protection umbrella so long as the ultimate cost of fire protection services greater than would be imposed by the Carbondale Fire Protection District or, in the alternative, to assist in reasonable efforts to have funds paid by Lake Springs Ranch PUD property owners for fire protection, services directed to the Landis Creek Metropolitan District. In addition, the applicant agrees to work with Spring Valley to coordinate discussions between the Landis Creek Metropolitan District and the Carbondale Fire Protection District to provide for appropriate reimbursement of costs to Landis Creek Metropolitan District for any emergency responses it may make to properties located within the Carbondale Fire Protection District. j 1 1 1 1 1 ttedthis 16th day of December r ...tits+J1 �..:� GElf, -'! ti 0_ r � ' � Tl . • c erk of the $oiard' : 1��ti, ,�tittit,tv,,01�4�� -. , A.D. 2002. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIET D COUNTY, COLORADO JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M. STRAUTMAN SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 December 17, 2004 Carolyn Dahlgren Assistant County Attorney for Garfield County 108 Eighth Street, Suite 219 Glenwood Springs, CO 81601 Re: Lake Springs Ranch PUD Dear Carolyn: Please find enclosed a fully signed copy of the Document Escrow Agreement between the Berkeley Family Limited Partnership, The Board of County Commissioners of Garfield County and Land Title Guarantee Company. The original is at Land Title. JRS/clh Enc. cc: Michael Berkeley, M.D. (w/enc.) F:\M B\Lake Springs\Final Plat\Dahlgren 3.wpd V a! truly yours, JO DOCUMENT ESCROW AGREEMENT THIS ESCROW AGREEMENT (as the same may be amended or modified from time to time and including any and all written instructions given to "Escrow Agent" (hereinafter defined) pursuant hereto, this "Escrow Agreement") is made and entered into as ofNovember 1, 2004, by and among Berkeley Family Limited Partnership ("Owner"), The Board of County Commissioners of Garfield County, State of Colorado ("County"), and Land Title Guarantee Company ("Escrow Agent"). RECITALS A. As of the date hereof County has granted final plat approval for the Final Plat of Lake Springs Ranch P.U.D. ("Final Plat") and in connection therewith Owner and County have >r _._mentE P.rert for Lake Springs Ranch P.U.D. (the entered into a Subdi�:sior, �:r:pr:. , c.......� . _gre.•__-__-- _-- "SIA"), a copy of which is attached hereto as Exhibit A. B. In accordance with paragraph 8 of the SIA, Owner has agreed to execute and deposit into escrow a Quit Claim Deed (Open Space) conveying Open Space within the Final Plat to Lake Springs Homeowners Association ("Association"), and a Quit Claim Deed (Easements) conveying the utility easements depicted on the Final Plat to the Association (collectively, the "Deeds"). C. Owner and County have requested Escrow Agent to act as the Escrow Agent under this Escrow Agreement, and Escrow Agent, subject to the terms and conditions hereof, has agreed so to do. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto hereby agree as follows: 1. Appointment of Escrow Agent. Each of Owner and County hereby appoints Escrow. Agent as the escrow agent under this Escrow Agreement and Escrow Agent hereby accepts such appointment. 2. Deposit of Deeds. Upon execution of this Escrow Agreement, Owner will deli el to Li-At:- Escrow `:cEscrow Agent the Deeds to be held by Escrow Agent in accordance with the terms hereof. 3. Recording of Deeds. Escrow Agent shall hold the Deeds in escrow until the earlier to occur of: (i) receipt of a written notice signed only by Owner notifying Escrow Agent that the work required of the Owner in the SIA has been completed and accepted by the Board of County Commissioners of Garfield County; or (ii) receipt of a written notice signed only by the Board of County Commissioners of Garfield County stating that Owner has failed to comply with the terms and conditions of the SIA; or (iii) November 1, 2005. Upon the first to occur of the foregoing events, Escrow Agent shall cause the Deeds to be recorded in the records of the Garfield County Clerk and Recorder. 4. Scope of Undertaking. Escrow Agent's duties and responsibilities in connection with this Escrow Agreement shall be purely ministerial and shall be limited to those expressly set FAM B\Lake Spnngs\Finl PlahDocument Ficmw Apeeme t.wpd Page 1 of 3 forth in this Escrow Agreement. Escrow Agent is not a principal, participant or beneficiary in any transaction underlying this Escrow Agreement and shall have no duty to inquire beyond the terms and provisions hereof. Escrow Agent shall have no responsibility or obligation of any kind in connection with this Escrow Agreement or the Deeds and shall not be required to deliver the Deeds or take any action with respect to any matters that might arise in connection therewith, other than to receive, hold, and deliver the Deeds as herein provided. 5. Amendment. These instructions may be altered, amended, modified or revoked in writing only, signed by all of the undersigned parties hereto and approved by the Escrow Agent, upon payment of all fees, costs and expenses incident hereto. 6. Transfer of Interest. No assignment, transfer, conveyance or hypothecation of any interest in or to the subject. matter of this Escrow shall be binding upon the Esc -'c17' Agent unless and until written notice thereof is served upon the Escrow Agent and any fees, costs and expenses incident to such transfer of interest shall have been paid. 7. Notices by Agent. Any notice required or desired to be given by Escrow Agent to any other party to this Escrow Agreement may be given by mailing the same to such party at the address noted below, or such changed address as may have been delivered in writing to the Escrow Agent by the party whose address is to be changed. Notice so mailed shall for all purposes hereof be as effectual as though served upon such party in person at the time of depositing such notice in the mail. 8. Good Faith. The undersigned agree that the Escrow Agent shall not be held liable for any act it may do or omit to do hereunder as such Agent, while acting in good faith in the exercise of its best judgment. Any act done or omitted by it pursuant to the advice of its attorney shall be conclusive evidence of such good faith. 9. Notice to Agent and Court Orders. The Escrow Agent is hereby expressly authorized and directed to disregard any notices or warnings given by and of the parties hereto, or by any other person or corporation, excepting only orders or process of court, and is hereby expressly authorized to comply with, and to obey any and all orders, judgments or decrees of any court. In case the said Agent obeys or complies with any such order, judgment or decree of any court, it shall not be liable to any of the parties hereto not to anyone else by reason of such compliance, notwithstanding any such order, judgment or decree being subsequently reversed, modified, annulled, set aside or vacated, or found to have been entered without jurisdiction. 10. Indemnification. In consideration of the acceptance of the deposits and duties under this Escrow Agreement by the Escrow Agent, the undersigned Owner agrees for itself, its heirs, representatives, successors and assigns, to pay the Escrow Agent its charges hereunder and to indemnity and hold harmless as to any liability by it incurred to any other person or corporation by reason of its having accepted the same or in connection herewith, and agree to reimburse it for all its expenses, including, among other things, counsel fees and court costs incurred in connection herewith; and further agree that the Escrow Agent shall have a first prior lien upon all deposits made hereunder to secure the performance of said FAM B\Wte SptingiJ inal Plat \Document Etetow Agteement.wpd Page 2 of 3 agreement of indemnity and the payment of its charges and expenses. Escrow fees or charges, as distinguished from other expenses hereunder shall be as written above the Escrow Agent's signature at the time of its acceptance hereof. 11. Limitation on Escrow Agent's Liabilities. Escrow Agent shall be liable only for its willful acts and misconduct with respect hereto. In the event any interpleader suit is brought hereunder, Escrow Agent shall be reimbursed for all costs, expenses, and reasonable attorney's fees, which it may expend or incur in any such interpleader suit, the amount thereof to be fixed in the judgment thereon to be rendered by the court in such suit. Upon the filing of such suit, Escrow Agent shall be fully released and discharged from all obligations imposed by these instructions. 12. Accommodation Only. Land Title Guarantee Company is holding this Escrow as an accommodation cn y. ii ii;,'e picading the documents becomes necessary, any attGrney fees and costs born by Land Title Guarantee Company shall be deducted from the amount of the Escrow or interplead funds prior to any other disbursements. If these fees or charges exceed the amount of the escrow, Owner agrees to immediately reimburse Land Title Guarantee Company. 13. Disbursements. The Escrow Agent shall have seventy-two (72) hours to make any disbursement required under this escrow agreement. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signatures and hereby adopt this Agreement this L,4- day of November 2004. OWNER: Berkeley Family Limited Partnership By. it _-._ Y1t _ det.,.../....,..A UNTY: • - : oard ' County Commissioners of ield By: Escrow Fee of $50.00/HOUR. Accepted and rec p of Deep zed here i are hereby acknowledged. PAM BV.ake Springs\final Phu -Document Escrow Agseme+i.wpd ESCR u W AGE e Guarantee Company 1317 G . • nue, Suite 200 Glenwood Springs, CO 81601 (970) 945-2610 By. /21/X-4. /C0 ,r_ . ' y13 j q Page 3 of 3 November 22, 2004 Mr. John R. Schenk Schenk, Kerst, & deWinter, LLP 302 Eighth Street, Suite 310 Glenwood Springs, CO 81601 Re: Lake Springs Ranch PUD Dear Mr. Schenk, Garfield County BUILDING & PLANNING DEPARTMENT This letter is in reference to billing for Professional Services rendered by Resource Engineering, Inc. for review of the Lake Springs Ranch PUD Application. Invoice #27877 dated 11/12/04: (Billing period 10/1 — 10/31/04) Amount Due: $1,802.00 This invoice has already been paid to Resource Engineering, Inc. by the Garfield County Planning Department. I have attached a copy of this invoice for your review. Please submit your payment to the Garfield County Planning Department at 108 8th Street, Suite 201, Glenwood Springs, CO 81601. Your check should be made out to the Garfield County Treasurer. Thank you in advance for your prompt attention in this matter. If you have any questions please give our office a call. Cathi Edinger Planning Technician Enclosure va: -Fred Jarman 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 RECL4IN AVED NOV 1. 200i,lo�J 1 2 2004 GAR'FIELD COUNTY ..i CCs BUILDING & PLA NINE.:�,afy7 t -_....:: PLANNING Garfield County Attn: Mark Bean 108 W. Eighth St., Suite 201 Glenwood Springs CO 81601 Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs CO 81601 970-945-6777 Fax: 970-945-1137 November 12, 2004 In Reference To: Williams RMT Special Use Permit - 885-11.1 Attn: Jim Hardcastle Invoice # 27870 Fees/ Costs Service Tax/ Sales Tax/ Interest $337.00 $3.20 In Reference To: Monument Ridge Preliminary Plan Review - 885-13.0 Invoice # 27871 $132.50 $0.00 In Reference To: Creek Side Estates Preliminary Plan - 885-20.0 Attn: Jim Hardcastle Invoice # 27872 $371.00 $0.00 Payments/ Credits/ Refunds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Prev. Bal/ New Chgs/ Pm/Cr/Ref/ New Bal $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $340.20 $0.00 $340 .20 $0.00 $132.50 $0.00 $132.50 $0.00 $371.00 $0.00 $371.00 RESOURCE E N G I N E E R I -N G I N C. Garfield County Page 4 Prev. Bal/ Service Tax/ Payments/ New Chgs/ Fees/ Sales Tax/ Credits/ Pm/Cr/Ref/ Costs Interest Refunds New Bal In Reference To: Lake Springs Ranch Review - 885-6.0 Invoice # 27877 $1,802.00 $0.00 In Reference To: Sun Meadow Estates - 885-7.0 (fka Mamms View Subd.) Attn: Mark Bean GRAND TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ($84.50) $0.00 $0.00 $3,639.50 $10.92 $0.00 $0.00 $0.00 ($4,919.08) $0.00 $0.00 $0.0o $1,802.00 $0.00 $1,802.00 $84.50 $0.00 ($84.50) $0.00 $4,919.08 $3,650.42 ($4,919.08; $3,650.42 RESOURCE ENGINEERING I N C. Garfield County In Reference To: Lake Springs Ranch Review - 885-6.0 Invoice # 27877 Professional Services 10/7/2004 Design Review 10/8/2004 Design Review 10/15/2004 Design Review 10/19/2004 Meeting Design Review 10/21/2004 Design Review 10/25/2004 Design Review Project Costing 10/27/2004 Design Review 10/28/2004 Design Review For professional services rendered 17.00 $1,802.00 Page 12 Hours Amount 3.00 318.00 3.00 318.00 3.00 318.00 1.00 106.00 1.00 106.00 0.75 79.50 2.50 265.00 1.50 159.00 1.00 106.00 0.25 26.50 Balance due $1,802:00 Billing Period: October 1, 2004 through October 31, 2004 RESOURCE ■U..0 E N G I N E E R I N G I N C. JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 October 21, 2005` OCT 2 6 2005 Garfield County Building & Planning Department Attn: Fred Jarman, AICP, Senior Planner 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Re: Lake Springs Ranch PUD Dear Fred: As requested, enclosed is a copy of the Deed of Conservation Easement in Gross which was recorded in the records of Garfield County on December 22, 2004, as Reception No. 665794. Very truly yours, JOHN R. SCHENK i, JRS/clh Enc. F:Vvt B\Lake Springswinal PlatUarman 8.wpd Or' 11111111111 1111111 1111Illi 111111111111 III 1111111111111 665794 12/22/2004 01:52P B1650 P263 M ALSDORF 1 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO DEED OF CONSERVATION EASEMENT IN GROSS Lake Springs Ranch THIS DEED OF CONSERVATION EASEMENT ("Easement Deed") is granted this 2,.J day of December 2004, by THE BERKELEY FAMILY LIMITED PARTNERSHIP. a Colorado limited partnership ("Grantor"), to and for the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation with offices at 320 Main Street, Suite 204, Carbondale, Colorado 81623, (the "Trust")(collectively, the "Parties"). RECITALS WHEREAS, Grantor is the sole owner in fee simple of certain real property in Garfield County, State of Colorado, more particularly described in Exhibit A (the "Property"). The Property comprises approximately 40.7589 acres of land and certain water rights. The term Property shall hereinafter be defined as the land and the water rights combined, and the term "Water Rights" shall refer to the water rights alone; WHEREAS, the Property possesses scenic, open space (including agricultural), wetIand, and wildlife values (collectively, "Conservation Values") of importance to the Trust, the people of Garfield County, and the people of the State of Colorado that are worthy of preservation; WHEREAS, in particular, the Property consists primarily of irrigated agricultural land that also contain wetlands in an otherwise semi -arid upland zone, which wetlands provide imr . wildlife habitat for numerous species of birds, waterfowl, and small mammals; and whereas the Property contains small areas of sagebrush, a threatened habitat type important to big game as well as small animals and bird species; WHEREAS, the Property is located in a rural, agricultural, and mountainous area of Garfield County, Colorado several miles from any town or urban growth center, where recent development in the vicinity of the Property threatens to degrade the biological integrity as well as the rural and scenic character of the area; WHEREAS, conservation of the Property is promoted by the Garfield County Comprehensive Plan of 2000 which states: "Garfield County includes a multitude of sensitive ecosystems, including riparian and wetlands resources, wildlife habitat and important visual corridors. Many [public] comments addressed the need to ensure that future development... [has] minimum impact on sensitive ecosystems." In addition, Section 8.0 of the Plan states: "The preservation of agricultural land fosters the rural lifestyle, which continues to be u priority for Garfield County residents, as noted in comments received during the Comprehensive Plan Workshops conducted in the summer of 1991.... The transition of agricultural lands to more urban uses, particularly in the eastern portion of the County and the Roaring Fork Valley floor, has forced the retainment of open space uses to the forefront of issues currently facing the County.... Although once taken for granted that agricultural land would remain undeveloped. for perpetuity, the last five years has marked a transition point .for these land uses. Subdivision development has begun to encroach on agricultural lands, slowly depleting )iey F.,. 320 Main Strec ;.. �..� "_►�t Carbourlr.te, C Si; 623 1111111 11111 1111111 1111111 III 11111 IIIIIIII 665794 12/22/2004 01:52P B1650 P264 M ALSDORF 2 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO important open space uses. It has become apparent that goals and policies to address these losses are crucial to establishing County, direction regarding open space and recreational uses; " WHEREAS, the specific Conservation Values of the Property are documented in an inventory of relevant features of the Property, prepared by TG Malloy Consulting, I,1,(.'. as summarized in Exhibit B ("Baseline Documentation Summary"), as it may be supplemented with reports, maps, photographs, and other documentation prepared at the time the easement herein was granted and which arc on file with the Trust, that the Parties agree accurately represents the Property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. However, the Baseline Documentation is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use: and WHEREAS, Grantor intends that the Conservation Values of thc Property be preserved, protected and maintained; and WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the right to preserve and protect the Conservation Values of the Property in perpetuity; WHEREAS, the Trust agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of thc Property for the benefit of this generation and the generations to come; WHEREAS, the Trust is a charitable organization as described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and is a publicly -supported organization as described in Section 170(b)(1)(A) of the Code whose primary purpose is to preserve and protect the natural, scenic, agricultural, historical, and open space resources of the greater Roaring Fork Valley area, including the area in which the Property is located, by assisting landowners who wish to protect their land in perpetuity, and is a "qualified organization" to do so within the meaning of Section 170(h)(3) of the Code; WHEREAS, the State of Colorado has recognized the importance of private efforts toward the preservation of natural systems in the State by the enactment of C.R.S. §§38-30.5-101 et seq.; and WHEREAS, the Board of Directors of the Trust has duly authorized the Trust's Executive Director or her designee to execute and accept Conservation Easements on behalf of the Trust. NOW, THEREFORE, in consideration of the matters above, the mutual covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grant. Grantor hereby voluntarily and irrevocably grants and conveys to the Trust a perpetual Conservation Easement in gross (the "Easement"), pursuant to C.R.S. §§38- 30.5-101 et seq., consisting of the rights and restrictions enumerated herein, over and across the Property described in Exhibit A attached hereto, to have and to hold said Easement unto the 2 11111111111111(1111111111111111111111111111111111111111 665794 12/22/2004 01:52P 61650 P265 M ALSDORF 3 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO Trust and its successors and assigns forever. The Easement shall constitute a binding servitude upon the Property and shall be subject to prior reservations, easements, encumbrances and exceptions of record, except as otherwise set forth herein. 2. Purposes. The purposes of this Easement are to assure that the Property will remain forever predominantly in its scenic and open space (including agricultural) condition, subject to the uses of the Property permitted hereunder, and to prevent any use of the Property inconsistent with the preservation and protection of the Conservation Values of the Property and, in the event of their degradation or destruction, to restore such Conservation Values of the Property. Grantor intends that this Easement will permit, but not require, the following uses which are agreed and deemed to be consistent with the preservation and protection of the Conservation Values of the Property, which uses include, without limitation, those involving ranching and farming as defined in the broadest sense to include sod farming, tree nursery, vineyards, rearing of native plants and grasses and soil banking, as well as general conservation purposes. Pursuant to the terms of C.R.S. §§38-30.5-101 el seq., the Property preserved hereby may not be converted or directed to any uses other than those provided herein or pursuant to Section 13.1 herein. 3. Baseline Documentation. The Parties acknowledge that a Baseline Documentation of the Property has been prepared by Tim Malloy of IG Malloy Consulting, a person familiar with Conservation Easements, the Property, and the environs. The Baseline Documentation has been reviewed and approved by the Trust and Grantor as an accurate representation of the biological and physical condition of the Property at the time of this grant. the Baseline Documentation is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. Grantor has retained a copy of the Baseline Documentation for its records and a copy of the Baseline Documentation is on file with the Trust. 4. Rights of Trust. To accomplish the purposes of this Easement. Grantor conveys the following rights to the Trust: 4.1. The right to preserve and protect the Conservation Values of the Property in perpetuity; 4.2. The right to enter upon the Property at reasonable times, to inspect the Property thoroughly, to monitor Grantor's compliance with, and otherwise enforce the terms of this Easement Deed; provided that such entry shall be upon seventy-two (72) hours prior notice to Grantor, and except that no such notice shall be required in the event the Trust reasonably believes that immediate entry upon the Property is essential to prevent or mitigate a violation of this Easement Deed. The Trust shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; 4.3. The right to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement, or inconsistent with the preservation or protection of the Conservation Values of the Property, and to require the restoration of such areas or features of the Property that are damaged by any inconsistent activity or use; and 3 111111 11111 1111111 11111111 11111 31E 111 11111 11111111 665794 12/22/2004 01:52P 81650 P266 M ALSDORF 4 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO 5. Prohibited and Permitted Uses. The following uses and practices by Grantor, though not an exhaustive recital, are consistent with or prohibited by this Easement Deed. Certain of these consistent uses and practices are identified as being subject to specified conditions, to the notice provision as described in Section 9, and to the requirement of and procedures for prior approval by the Trust as described in Section 10. Any activity on or use of the Property inconsistent with the purposes of this Easement is prohibited. 5.1. Agricultural Uses. Grantor has the right to maintain or convert to other uses, agricultural operations on the Property, including the production of sod for commercial purposes in a manner consistent with preservation and protection of the Conservation Values and sound environmental practices in conformance with then applicable governmental regulations. Grantor agrees not to expand agricultural operations beyond the boundaries of land currently in agricultural production, as shown in Exhibit B, herein. Grantor retains the right to lease lands with appurtenant Water Rights for agricultural purposes; 5.2. Revert to Wildlife Habitat. During any period when agriculture is no longer a feasible or desirable use of the Property, the Property shall revert to wildlife habitat, and any fencing on the Property shall be removed or replaced as described in Subsection 5.10, below. If agricultural operations cease, Grantor agrees to reseed any disturbed or formerly farmed areas with appropriate native, non-invasive grass or plant species in order to prevent the spread of noxious weeds. and to provide forage and habitat for wildlife; 5.3. Building Rights. The construction, placement, reconstruction or replacement of any buildings, structures, camping accommodations, mobile homes, parking Tots, boat ramps. or billboards are prohibited; 5.4. Easements and Roadways. The conveyance of easements, rights -of -ways, or the building of improved roadways on the Property is prohibited without the consent of the Trust; such consent shall be in the Trust's sole discretion. Notwithstanding the foregoing, Grantor shall be entitled to convey an easement to the Spring Valley Sanitation District for the existing return flow water pipeline on the route traversing the Property which route is generally depicted on Exhibit 2 of the Baseline Documentation Summary. Such easement shall provide that when maintenance is required on the pipeline, every reasonable effort shall be made to minimize impacts to the wetland vegetation and following such maintenance all disturbed areas shall be restored promptly. The existing road on the Property dedicated to public use pursuant to Garfield County Subdivision Regulations may be vacated in the future; in which case, it may be reclaimed or maintained as an agricultural road; 5.5. Alteration of Habitat. The change, disturbance, alteration, or impairment of the relatively natural habitat for plants and wildlife on the Property, particularly that area within the wetland setback described in Subsection 5.8, below, is prohibited. Notwithstanding the foregoing, Grantor may continue to maintain irrigation water intake pipes and other diversion structures and the wetlands areas, and those portions of the Property currently used in agriculture may be tilled, disrupted, and altered as reasonably necessary for agricultural and sod farm operations; 4 111E1 11111 1111111 11111111 11111 11111E11 11111 11111111 665794 12/22/2004 01:52P B1650 P267 M RLSDORF 5 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO 5.6. Vegetation Removal. The removal, destruction, or cutting of native vegetation, including sagebrush and wetland plant species, is prohibited, except in the case of emergencies or as necessary for fire or disease prevention; 5.7. Non-native Species and Weeds. The introduction of non-native plant or animal species is prohibited, except for domestic animals and as necessary for agriculture. The Property shall be managed to control noxious weeds to the extent reasonably possible; 5.8. Water Features. The manipulation, diversion, pollution, drainage, dredging, or other alteration of streams, natural lakes, ponds, wetlands, springs, or other surface or subsurface water features on the Property in a manner that degrades or destabilizes their natural banks or shorelines, or otherwise impairs the Conservation Values of the Property is prohibited. Agricultural or other disturbance inconsistent with the protection and preservation of the Conservation Values, including the grazing of livestock, parking or driving of vehicles, or tilling of land, is prohibited within 25 feet of the high water mark of the wetlands, as shown in Exhibit C, herein. Notwithstanding the foregoing, the construction and maintenance of agricultural ditches, a culvert bridge crossing, and water diversion structures, pump intakes, irrigation water collection ponds, stock ponds or other agricultural improvements as well as incidental access through the wetlands and setback areas while engaging in agricultural operations is permitted without further permission from Grantee. It is acknowledged and understood that the wetlands on the Property will experience seasonal fluctuations in water levels due to natural events, including droughts as well as irrigation diversions made by Grantor and potential demands imposed by applicable water law. 5.9. Surface Disturbance. Any change in the topography of the Property through the placement therein of soil, gravel, land fill, dredging spoils, or other material is strictly prohibited, and any use that would increase or substantially add to the risk of soil erosion is prohibited, except as incidental and necessary to the agricultural uses of the Property 5.10. Fencing. Existing fences may be replaced and new fencing erected on the Property, provided such fencing complies with current Colorado Division of Wildlife ("CDOW") standards for fencing in a wildlife migration area. Existing fencing that exceeds such CDOW height requirements may be repaired and replaced in order to exclude wildlife from the sod farm area of the Property, as shown in Exhibit B, herein; however, in the event the Property reverts to wildlife habitat or other uses not requiring the exclusion of large game animals, Grantor agrees to remove or replace such fencing with CDOW-recommended fencing; 5.11. Grazing and Feedlots. Livestock may be grazed and kept on the Property in a manner that does not result in overgrazing or "low to moderate" soil quality as defined by the NRCS, or other such entity as may be qualified at the time to oversee such practices. The establishment or maintenance of any commercial feed lot, defined for purposes of this Easement Deed as a permanently constructed, confined area or facility within which the land is not grazed or cropped annually, for purposes of engaging in the business of the reception and extended feeding and finishing of large numbers of livestock for hire is prohibited; 5.12. Use of Chemicals. Grantor may use agri-chemicals including fertilizers, pesticides and herbicides on the Property in a manner consistent with sound environmental conservation practices and in conformance with all applicable laws and regulations; 5 1111111 III I 1111111 IIII IIII 11111 11111 II 1111E11 IIII 1111 665794 12/22/2004 01:52P B1650 P268 M ALSDORF 6 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO 5.13. Mineral Rights. At the time of granting this Easement Deed. the United States by virtue of its original patent to the Property reserved all or a portion of the mineral rights. For this reason, a mineral remoteness letter has been completed by BIO -Logic Environmental in compliance with Section 170(h) of the Internal Revenue Code and related Treasury Regulations. Grantor's current or future ownership of mineral rights shall be subject to the following provisions: The exploration by Grantor, its heirs, successors. transferees or assigns, for or extraction of minerals, oil, gas, or other hydrocarbons, soils, sands, gravel, rock, geothermal resources, peat, or other materials on or below the surface of the Property is prohibited. Grantor, its heirs, successors, transferees or assigns shall not transfer, lease or otherwise separate the soil, sand, gravel, rock, oil, natural gas, fuel or any other mineral substance from the Property; 5.14. Subdivision. By this instrument, Grantor agrees to merge all previously existing parcels of land on this Property into one parcel that may not be divided, subdivided, or de facto subdivided in the future, with the exception of minor adjustments of lot lines. It is agreed that the Property may be included in common arca or an agricultural reserve appurtenant to the Lake Springs Ranch P.U.D. Subdivision and otherwise conveyed to the property owners association for said subdivision subject to this Easement and so long as the Conservation Values established hereunder are preserved, protected and maintained. In the event the Property is so conveyed, Grantor shall make an additional monitoring payment of $10,000 to the Trust for the preservation and protection of the Conservation Values. It is further acknowledged that Grantor may continue to develop the balance of its adjacent property as a residential subdivision; 5.15. Motor Vehicles. The use of any motorized vehicles off roadways now existing is prohibited, except in emergencies and as necessary and incidental to the use of the Property for agricultural purposes. Motor vehicles shall be prohibited within the setback area around the springs and wetlands, as described in Subsection 5.6, above; 5.16. Trash. The accumulation, dumping or other disposal of trash, garbage, or other offensive or unsightly refuse on the Property is prohibited other than the collection and disposal of agricultural products and byproducts on the Property, including tree limbs, scrap lumber and other organic materials as incidental and necessary to the use of the Property for agricultural purposes and in accordance with applicable laws and regulations; 5.17. Recreation. Golf courses are prohibited on the Property. Those low impact recreational uses such as bird watching, hiking, cross country skiing or other uses not inconsistent with the preservation and protection of the Conservation Values are permitted. 5.18. Commercial and Industrial Activity. Any or commercial or industrial activity, including more than de minimis commercial recreational uses, are prohibited on the Property; 5.19. Communication Facilities. The erection, construction, installation, relocation, or use of a communication facility, a telecommunication facility, a network element or any other telecommunication facilities, equipment or material that may be used for telecommunications or 6 1111111111141111111 1E11E1 IIIII 1111111 111 1111111111111 665794 12/22/2004 01:52P 81650 P269 M RLSDORF 7 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO to provide such services is prohibited; except personal or low -impact telecommunications services: 5.20. Utilities. Utility lines or substations are prohibited on the Property except Ibr the wastewater return flow line and appurtenances now traversing the Property; 5.21. Generators. Wind -powered electric generators are prohibited on the Property; 5.22. Hunting. Hunting, fishing and trapping on the Property is prohibited, except as necessary to protect the Conservation Values; 5.23. Lighting. External Lighting is prohibited on the Property; 5.24. Water Rights. The transfer, encumbrance, lease, sale, or other separation of the Water Rights necessary or appropriate for use in present or future ranching, agricultural production, or the maintenance of wildlife habitat on the Property is prohibited. It is agreed that .2 cfs of the water rights decreed to the Van Cleve No.1 Ditch adjudicated on May 11, 1889, with an appropriation date of September 5, 1882 shall be allocated to the Property and shall not be hereafter conveyed or otherwise transferred apart from the Property. 6. Reserved Rights. Grantor reserves to itself and to its personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in all uses of the Property not expressly prohibited herein and consistent with the numoses of this Easement Deed. Grantor shall notify the Trust in writing, as described in 9 and 10, before exercising reserved rights that might be consistent with the preservation and protection of the Conservation Values. Grantor has the burden to prove that the Grantor's uses are consistent with this Easement Deed. 7. Access. Nothing contained herein shall be construed as affording the public any more than visual access to any portion of the Property, although the Grantor may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is consistent with the terms of this Easement Deed. 8. Representations and Warranties. Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge: 8.1. No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Property, except for fuels customarily used or transported in connection with camping, wrangling, agricultural and construction activities on the Property [e.g. anti -freeze, paint, veterinary medicines]; 8.2. There are not now any underground storage tanks Located on the Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Property in a manner not in compliance with applicable federal, state, and local laws, regulations, and requirements; 1 11111111111111IIII1 II11111111111111111111111111 IIII 1111 665794 12/22/2004 01:52P B1650 P270 M ALSDORF 8 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO 8.3. Grantor and the Property are in compliance with all federal. state, and local laws, regulations, and requirements applicable to the Property and its use; 8.4. There is no pending or threatened litigation in any way affecting, involving. or relating to the Property; 8.5. No civil or criminal proceedings or investigations have been instigated at any time or are now pending. and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use, nor do there exist any facts or circumstances that Grantor might reasonably expect to form the basis for any such proceedings, investigations. notices, claims, demands, or orders; and 8.6. Grantor warrants that Grantor has good and sufficient title to the Property, that Grantor has good right, full power and lawful authority to grant and convey this Easement, that any mortgages or liens on the Property are and shall remain subordinate to the terms of this Easement Deed, and Grantor hereby promises to warrant and forever defend the title to the Easement Deed against all and every person or persons lawfully claiming by, through or under Grantor, the whole or any part thereof. except for rights-of-way, easements, restrictions, covenants and mineral reservations of record, which are acceptable to the Trust at the time of execution of this Easement Deed. 9. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Grantor to notify the Trust before undertaking certain permitted activities or uses is to afford the Trust an opportunity to ensure that the activities or uses in question are designed and carried out in a manner consistent with the purposes of this Easement Deed. Whenever notice and the Trust's approval, as described in Section 10 below, are required, Grantor shall notify the Trust in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity or use in question, unless a different time period for the giving of notice is provided as to the activity or use in question. Whenever notice is required without the Trust's approval, Grantor shall notify the Trust in writing not less than thirty (30) days in advance of the activity or use. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Trust to make an informed judgment as to the activity or use's consistency with the purposes of this Easement and the preservation, protection and maintenance of the Conservation Values of the Property. 10. The Trust's Approval. Whenever this Easement Deed requires that Grantor obtain the Trust's approval of any activity on or use of the Property, such approval shall not be unreasonably withheld or delayed. Where the Trust's approval is required, the Trust shall grant or withhold its approval in writing within thirty (30) days of receipt of Grantor's written notice (as described in Section 9, above) of and request therefor. The Trust's approval may be withheld at the Trust's sole discretion if the Trust determines that the action as proposed would be inconsistent with the Conservation Values or the purposes or terms of this Easement Deed; the reason(s) for such a determination shall be set forth with specificity by the Trust in a written notice to Grantor. Where a modification of the proposed use or activity by Grantor would render the same consistent with the purposes of this Easement Deed and the Conservation Values, the Trust may specify, in such written notice to Grantor, such required modifications. 8 1111111 11111 1111111 1111 1111 113 31111Il 11111 11111111 665794 12/22/2004 01:52P B1650 P271 M ALSDORF 9 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO 11. Trust's Remedies: Enforcement. The Trust shall have the right to prevent and correct or require correction of violations of the terms and purposes of this Easement Deed. The Trust may enter the Property for the purpose of inspecting for violations in accordance with Subsection 4.2 above. If the Trust finds what it believes is a violation, or a threat of a violation, the Trust shall notify Grantor of the nature of the alleged violation. Upon receipt of this notice, Grantor shall immediately discontinue any activity that could increase or expand the alleged violation and shall either: (1) restore the Property as is best possible to its condition prior to the violation in accordance with a plan approved by the Trust; or (2) provide a written explanation to Trust of the reason why the alleged violation should be permitted. If the Trust is not satisfied with Grantor's written explanation, the Parties agree to meet as soon as possible to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, the Parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute pursuant to Section 11.1 below. At any time, including if Grantor does not immediately discontinue any activity that could increase or expand the alleged violation while Parties are attempting to resolve the alleged violation, the Trust may take appropriate legal action pursuant to the Sections below, including seeking injunctive relief by ex parte means if necessary, to stop an alleged violation. The Trust's remedies described in this Easement Deed shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of scenic or environmental values. The failure of the Trust to discover a violation or to take immediate legal action shall not bar the Trust from doing so within four (4) years from the date upon which the violation is discovered. 11.1. Mediation. If a dispute arises between the Parties concerning the consistency of any proposed use or activity with the purpose of this Easement Deed, and Grantor agrees not to proceed with the use or activity pending resolution of the dispute, either Party may refer the dispute to mediation by written request upon the other. Within ten (10) days of the receipt of such request, the Parties shall select a single trained and impartial mediator with experience in Conservation Easement Deeds and other land preservation tools. If the Parties are unable to agree on the selection of a single mediator, then the Parties shall each select a trained and impartial mediator with experience in Conservation Easement Deeds and other land preservation tools, and those two mediators shall select a similarly skilled mediator who shall alone mediate the dispute. Mediation shall then proceed in accordance with the following guidelines: A. Purpose. The purpose of the mediation is to: (1) promote discussion between the Parties; (2) assist the Parties to develop and exchange pertinent information concerning the issues in dispute; and (3) assist the Parties to develop proposals which will enable them to arrive at a mutually acceptable resolution of the controversy. The mediation is not intended to result in any express or de facto modification or amendment of the terms, conditions, or restrictions of this Easement Deed. B. Participation. The mediator may meet with the Parties and their counsel jointly or ex parte. The Parties agree that they will participate in the mediation process in good faith and expeditiously, attending all sessions scheduled by the mediator, except in cases when the Trust believes that 9 I 111111 11111 1111111 1111 uii 11111 1111111111 olio III 1111 665794 12/22/2004 01:52P 61650 P272 M ALSDORF 10 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO Conservation Values are continuing to be harmed during the mediation process in which case the Trust can suspend its involvement in the mediation to remedy this threat of ongoing violation. Representatives of the Parties with settlement authority will attend mediation sessions as required by the mediator. C. Confidentiality. All information presented to the mediator shall be deemed confidential and shall be disclosed by the mediator only with the consent of the Parties or their respective counsel. The mediator shall not be subject to subpoena by any Party in any subsequent litigation. No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceedings or construed as an admission of a party. D. Time Period. Neither Party shall be obligated to continue the mediation process beyond a period of sixty (60) days from the date of receipt of the initial request or if the mediator concludes that there is no reasonable likelihood that continuing mediation will result in a mutually agreeable resolution of the dispute. The Parties shall equally share the mediator's fees. 11.2. Injunctive Relief. The Trust may bring an action at law or in equity, ex parte as necessary, in a court of competent jurisdiction, to enforce the terms of this Easement Deed and to enjoin by temporary or permanent injunction a violation, which may require restoration of the Property to the condition that existed prior to the violation. 11.3. Damages. The Trust shall be entitled to recover damages for violation of the terms of this Easement Deed or injury to the Conservation Values, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values. Without limiting Grantor's liability therefor, the Trust, in its sole discretion, may apply any damages recovered to the cost of undertaking any restorative, remediative, corrective action on the Property. 11.4. Emergency Enforcement. If the Trust reasonably believes an ongoing or threatened imminent activity violates the Easement Deed, the Trust may, in its sole discretion, take immediate legal action as set forth in this Section I 1 without prior notice to Grantor, without waiting for the period provided for cure to expire, and without waiting for the sixty (60) day mediation period to expire. 11.5. Scope of Relief. The Trust's rights under this Section 11 apply equally in the event of either actual or threatened violations of the terms of this Easement Deed. Grantor agrees that the Trust's remedies at law for any violation of the terms of this Easement Deed are inadequate and that the Trust shall be entitled to the injunctive relief described in Subsection 11.2, both prohibitive and mandatory, in addition to such other relief to which the Trust may be entitled, including specific performance of the terms of this Easement Deed, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The Trust's remedies described in this Section 11 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. 10 1 111I11111111111111111111111111111111111111111111111111 665794 12/22/2004 01:52P B1650 P273 M ALSDORF 11 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO 11.6. Costs of Enforcement. All reasonable costs incurred by the Trust in enforcing the terms of this Easement Deed against Grantor including, without limitation, costs and expenses of suit and reasonable attorney's fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement Deed shall he borne by Grantor; provided, however, that if Grantor ultimately prevails in a judicial enforcement action each Party shall bear its own costs. 11.7. The Trust's Discretion. Enforcement of the terms of this Easement Deed shall be at the sole discretion of the Trust, and any forbearance by the Trust to exercise its rights under this Easement Deed in the event of any breach of any term of this Easement Deed by Grantor shall not be deemed or construed to be a waiver by the Trust of such term or any subsequent breach of the same or any other term of this Easement Deed or of any of the Trust's rights under this Easement Deed. No delay or omission by the Trust in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 11.8. Waiver of Certain Defenses. No action shall be commenced or maintained to enforce the terms of any building restriction described in this Easement Decd, or to compel the removal of any building or improvement, unless said action is commenced within four (4) years from the date of discovery of the violation for which the action is sought to be brought or maintained. To the extent that any defense available to Grantor pursuant to C.R.S. §38-41-1 19 is inconsistent with the foregoing, Grantor waives that defense. Grantor waives the defenses of laches, estoppel and prescription with regard to the enforcement of all other terms of this Easement Deed. 11.9. Acts Beyond Grantor's Control. Nothing contained in this Easement Decd shall be construed to entitle the Trust to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. Grantor is not responsible for acts of third parties who are out of Grantor's control, except that Grantor is responsible for guests, invitees, and other third parties authorized by Grantor to access the Property. 12. Costs, Liabilities, Taxes and Environmental Compliance. 12.1. Costs, Legal Requirements and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate Iiability insurance coverage. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. 12.2. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent 11 1 111111 11111 1111111 1111 1111 11111 1111111 III 111111 III 1111 665794 12/22/2004 01:52P B1650 P274 M ALSDORF 12 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO authority (collectively "Taxes"), including any Taxes imposed upon, or incurred as a result of, this Easement. and shall furnish the Trust with satisfactory evidence of payment upon request. The Trust is authorized, but in no event obligated, to make or advance any payment of Taxes, upon ten (10) days prior written notice to Grantor, in accordance with any hill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the Taxes or the accuracy of the bill, statement, or estimate. and the obligation created by such payment shall bear interest until paid by Grantor to the Trust at the lesser of fifteen percent (15%) per annum, or the maximum rate allowed by law. 12.3. Remediation. If, at any time, there occurs, or has occurred, a release in, on. or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Trust, in which case the Trust shall be responsible therefor. 12.4. Control. Nothing in this Grant shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in the Trust to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantor's activities on the Property. or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), and any Colorado state law counterpart. 12.5. Hold Ilarmless. Grantor shall hold harmless, indemnify, and defend the Trust and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, cause of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the violation or alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or requirement, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), by any person other than any of the Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release of hazardous or toxic substances in, on, from, under or about the Property at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties; (4) federal or state tax benefits or consequences of any kind which result or do not result from entering into or donating this Easement Deed, including Grantor's eligibility for Colorado's Gross Conservation Easement Income Tax Credit pursuant to C.R.S. §39-22-522 and (5) the obligations, covenants, representations, and warranties contained herein. 13. Extinguishment and Condemnation. 12 111111 11111 11111111111111111111 1111111 III 111111 III 1111 665794 12/22/2004 01:52P 81650 P275 M ALSDORF 13 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO 13.1. Extinguishment. In granting this Easement, Grantor has considered the possibility that uses prohibited by the terms of this Easement Deed may become more economically valuable than permitted uses and that neighboring properties may be used entirely for such prohibited uses in the future. It is the intent of Grantor and the Trust that any such changes shall not be deemed circumstances justifying the termination or extinguishment of this Easement Deed. In addition, the inability of Grantor, or Grantor's heirs, successors or assigns, to conduct or implement any or all of the uses permitted under this Easement Deed, or the unprofitability of doing so. shall not impair the validity of this Easement Deed or be considered grounds for its termination or extinguishment. If circumstances arise in the future that render the purposes of this Easement Deed impossible to accomplish, this Easement Deed can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction after the court has explored all options for importing other purposes for the Easement The pursuant to the cy pres doctrine.. Each party shall promptly notify the other when it first learns of such circumstances. The amount of the proceeds to which the Trust shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Colorado law at the time, in accordance with the Proceeds paragraph, below. The Trust shall use all such proceeds in a manner consistent with the conservation purposes of this Easement Deed. 13.2. Proceeds. Grantor and the Trust stipulate that as of the date of this Easement Deed. they are each vested with a real property interest in the Property. The Parties further stipulate tnat the Trust's interest in the Easement has a value of 6 o % of the fair markct value of the Property from this date forward. This percentage is equal to the percentage of reduction in fair market value to the Property after the Easement was granted, as shown by the appraisal completed by High Country Appraisal Associates on December 14, 2004. The appraisal substantiating this reduction in value shall be provided to, and remain on file with, the Trust. For purposes of this Subsection, the Trust's percentage interest in the Property shall remain constant in relation to any future fair market value of the Property. However, the value of any improvements to the Property made by Grantor after the date of this Easement Deed, is reserved to Grantor. The values of the Property and the Easement shown on the appraisal shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant. pursuant to Section 170(h) of the Internal Revenue Code of 1986. as amended. 13.3. Condemnation. If all or any part of the Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor and the Trust shall act jointly to recover the full value of the interests in the Property subject to the taking or in -lieu purchase and all direct or incidental damages resulting therefrom. All expenses reasonably incurred by Grantor and the Trust in connection with the taking or in -lieu purchase shall be paid out of the amount recovered. The Trust's share of the balance of the amount recovered shall be determined by multiplying that balance by the percentage set forth in Subsection 13.2. 13 I 111111 11111 1111111 1111 1111 11111 1111111 111 11111 III 1111 665794 12/22/2004 01:52P 61650 P276 M RLSDORF 14 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO 13.4, Application of Proceeds. The Trust shall use any proceeds received under the circumstances described in this Section 13 in a manner consistent with its conservation purposes, which are exemplified by this grant. 14. Assignment. This Easement is transferable by the Trust with notice given to the Grantor, provided the Trust may assign its rights and obligations under this Easement only to an organization that is (a) a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder; (b) authorized to acquire and hold conservation Easements under Colorado law; and (c) charged with a mission similar to that of the Trust. As a condition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to carry out and uphold the purposes of this Easement and the Conservation Values and otherwise assume all of the obligations and liabilities of the Trust set forth herein or created hereby. After such transfer, the Trust shall have no further obligation or liability under this Easement Deed. The Trust agrees to give written notice to Grantor of an assignment at least sixty (60) days prior to the date of such assignment. The failure of the Trust to give such notice shall not affect the validity of such assignment nor shall it impair the validity of this Easement Deed or limit its enforceability in any way. 15. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement Deed in any Deed or other legal instrument by which it divests itself of any interest in the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to the Trust of the transfer of any such interest at least thirty (30) days prior to the date of such transfer, and provide the opportunity for the Trust to explain the terms of this to potential new owners prior to sale closing. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement Deed or limit its enforceability in any way. 16. Notices. Any notice, demand, request, consent, approval, or communication that either Party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows or to such other address as either party from time to time shall designate by written notice to the other: To Grantor: To the Trust: The Berkeley Family Limited Partnership 4001 County Road 114 Glenwood Springs, CO 81601 Aspen Valley Land Trust 320 Main Street, Suite 204 Carbondale, CO 81623 17. Recordation. The Trust shall record this instrument in timely fashion in the official records of Garfield County, Colorado, and may re-record it at any time as may be required to preserve its rights in this Easement Deed. 18. Amendment. If circumstances arise under which an amendment to this Easement Deed would he appropriate to promote the purposes of the Easement, Grantor and the Trust may 14 111111 11111 1111111 1111 1111 11111 1111111 111 111111 III 1111 665794 12/22/2004 01:52P B1650 P277 M ALSDORF 15 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO jointly amend this Easement Deed. However, the Trust is under no obligation to amend this Easement Deed, and may decline to amend this Easement Deed in its sole and exclusive judgment. No amendment shall be allowed that will affect the qualifications of the Easement under any applicable law. Any amendment must be consistent with the purposes of the Easement and the Conservation Values and may not affect the Easement's perpetual duration. No amendment shall be permitted that is inconsistent with the preservation and protection of the Conservation Values. Any amendment must be in writing, signed by all Parties, and recorded in the records of the Clerk and Recorder of Garfield County, Colorado. 19. General Provisions. 19.1. Exhibits. The following Exhibits are attached to and incorporated by reference into this conservation Easement Deed. Exhibit A: Property Legal Description, Exhibit B: Summary Description, Inventory of Relevant Features of Property, Exhibit C: Property and Wetland Map,. 19.2. Definitions. The terms Grantor and Trust, wherever used herein, and any pronouns used in place of those terms, shall be deemed to include, respectively, Grantor and its heirs, personal representatives, executors, administrators, successors and assigns, and the Trust, its successors and assigns. 19.3. Controlling Law. The interpretation and performance of this Easement Deed shall be governed by the laws of the State of Colorado. 19.4. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement Deed shall be liberally construed in favor of the grant to effect the purposes of the Easement and the policy and purpose of C.R.S. §38-30.5-101 et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of the Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. The common law rules of disfavoring restrictions on the use of real property and construing restrictions in favor of the free and unrestricted use of real property shall not apply to interpretations of this Easement Deed or to disputes between the Parties concerning the meaning of particular provisions of this Easement Decd. 19.5. Severability. If any provision of this Easement Deed, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement Deed, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall be deemed severable and remain in full force and effect. 19.6. Entire Agreement. This instrument sets forth the entire agreement between the Parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. 19.7. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. 15 1 111111 11111 1111111 1111 1111 111 11111 11 III 111111 III 1111 665794 12/22/2004 01:52P B1650 P278 M ALSDORF 16 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO 19.8. Joint Obligation. The obligations imposed by this Easement Deed upon Grantor shall be joint and several (in the event that there is more than one Grantor). 19.9. Successors. The covenants. terms, conditions, and restrictions of this Easement Deed shall be binding upon, and inure to the benefit of. the Parties hereto and their respective personal representatives, heirs, successors. and assigns and shall continue as a servitude running in perpetuity with the Property. 19.10. Termination of Rights and Obligations. A party's rights and obligations under this Easement Deed terminate upon transfer of the party's interest in the Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 19.11. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 19.12. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all Parties; each counterpart shall be deemed an original instrument as against any Party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 19.13. Merger. Unless the Parties expressly state that they intend a merger of estates or interests to occur, no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this grant. 16 1111111 11111 11111 Kiln 11111 1111111111 111111 1111111 665794 12/22/2004 01:52P B1650 P279 M ALSDORF 17 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of Conservation Easement as of the date first written above. GRANTOR The Berkeley Family Limited Partnership, a Colorado limited partnership By: Miriam Berkey, General Partner STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this ,z2 a day of December 2004. by Miriam Berkeley as General Partner of The Berkeley Family Limited Partnership, a Colorado limited partnership, as Grantor. WITNESS my hand and official seal. [SEAL] No Public My commission expires: r8 -0W7,2008 17 ACCEPTED by TRUST: ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, By: S annon Meyer Its: Associate Director 1111111 11111 MEI BUN 11111 1111111111 111111 FHB 665794 12/22/2004 01:52P 61650 P280 M ALSDORF 18 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF c' j y t � ;(e( ) The foregoing instrument was acknowledged before me this- 2 ` day of C) c\><,cr 2004, by Shannon Meyer as Associate Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation. WITNESS my hand and official seal. [SEAL] SUZANNE FUSARO NOTARY PUBUC STATE OF COLORADO My mmission Expires 11/17/08 Notary Public My commissi8 expires: ////:-ii/C2 18 Exhibit A: Legal Description CONSERVATION EASEMENT DESCRIPTION 111E111111111111111111111111111111111 III 111111 11111 665794 12/22/2004 01:52P 61650 P281 M ALSDORF 19 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO A PARCEL OF LAND SITUATED IN LOTS 5 AND 6 SECTION 32, AND LOTS 7, 8, 9, AND 10 SECTION 33, TOWN:HIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOl_IOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 6, A BLM E3RASS CAP iN PLACE, THE POINT OF BEGINNING; THENCE N01'43'36"E ALONG THE WESTERLY BOUNDARY OF SAID LOT 6 A DISTANCE OF 1,260.42 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY 589'05'51"E A DISTANCE OF 1,129.94 i:EET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,320.00 FEET AND A CENTRAL ANGLE OF 1114'36" A DISTANCE OF 2.59.03 FEET (CHORD BLARS 583'28'33"E 258.61');: THENCE 501'58'08"W, A DISTANCE OF 1.281.45 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9: THENCE N87'10'45"W, ALONG THE SOUTHERLY BOUNDARY 01" LOT 9 AND LOT 6 A DISTANCE OF 1,382.36 FEET TO THE PONT OF BEGINNING, SAID PARCEL CONTAINING 40.7589 ACRES MORE OR 1 ESS. HIGH COUNTRY ENGINEERING, INC. 14 INVERNESS DR NE EAST, STE F-120 ENGLEWOOD, CO 80112 (303) 925-0544 1517 E3LAICE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 (970) 945-8676 amu_ re 00 N 0 az --sem _N0 CO N 0 - O. _ N m0 yam —gym —r. _=o c is) N • • t0 -Nr1 -N� ,.:�. ri E N ai r o a ED N Exhibit B: Summary of Conservation Values Description The "Conservation Area" is a tract of land consisting of approximately 40.8 acres located in portions of Sections 32 and 33 of Township 6 South, Range 88 West, in Garfield County, Colorado. The Conservation Area is part of a larger property, which contains approximately 441.0 acres and is known as the Lake Springs Ranch. The Lake Springs Ranch (including the Conservation Area) is owned by the Berkeley Family Limited Partnership. Exhibit 2 shows the Conservation Area and its relationship to the entire Lake Springs Ranch property. The inventory contained in this report covers only the Conservation Area and not the balance of the Lake Springs Ranch. The subject property is located in the Spring Valley area, on the southwest side of County Road 119. To reach the property from Highway 82 take County Road 114 (CMC Road) north past the CMC campus and go left on County Road 119 to the Rivendell Sod Farm. The portion of the property, which is the subject of this baseline inventory, is part of the sod farm and is accessed off of County Road 119 at the north end of the sod farm. The Conservation Area contains few improvements. A majority of the site is utilized for sod production. Use of the site is divided into two areas of sod fields divided by a stream channel and associated wetlands. The stream channel runs through the eastern edge of the site. The improvements that existed at the time this baseline inventory was prepared include a center pivot irrigation system, an irrigation pumping station, fencing and a 12 -inch wastewater system outflow line. There is a small inactive landscape shrub nursery located in the northeast corner of the site. There are also several farm equipment storage areas located on either side of the stream channel. The wetlands and surface water area are shown in Exhibit C. CONSERVATION VALUE BEING PROTECTED Introduction: The Conservation Area includes open space, wildlife habitat, wetland and agricultural values. The Colorado Division of Wildlife has identified the property as including winter range, winter concentration area and overall range for elk. The property also includes overall range, winter range and summer range for mule deer. In addition, the DOW has identified the property as part of the overall range for Black Bear, Sage Grouse, Wild Turkey, Brazilian Free -Tailed Bat and winter foraging area for Bald Eaglet. The Conservation Area includes an unnamed stream, pond and associated wetland area. This water feature is part of an important surface and ground water recharge system in the Spring Valley area. Mallard ducks were observed in the pond during a site visit on November 11th and it is believed that a wide variety of other waterfowl utilize the pond/stream and wetlands. The following paragraphs provide information describing and supporting the conservation values as they pertain to the Conservation Area. The Berkeleys have retained certain rights associated with the Conservation Area in association with the conservation easement. These rights include continuing the sod farm operation and other agricultural uses of the property. The allowed uses and improvements described in the Deed of Conservation Easement have been planned so as to preserve the agricultural use as well as the stream channel, wetlands, open space and wildlife values of the property. a) Agricultural Features Agricultural Uses: The Conservation Area includes a large irrigated sod field that encompasses much of the site. The sod field is irrigated using center -pivot irrigation equipment served by a buried water line that runs from a pumping station located on the west side of the pond/wetlands to a concrete foundation which supports the center pivot arm. There is also a small area of irrigated sod field on the very eastern edge of the site. This field is part of a larger sod field that extends beyond the boundaries of the Conservation Area to the east. Irrigation water for the eastern sod field is provided from the pond and is delivered by a pumping station located just east of the Conservation Area. The pond is an important component of the irrigation system for the sod farm operation, though irrigation water is also provided by wells that have been drilled on portions of the Lake u_ re oo J0 Springs Ranch outside of the Conservation Area. There is an existing sanitary sewer outfall Zinc that runs a I -- through a portion of the irrigated sod field. �Em 0 m ° b) Water Resource Rights N o The Conservation Area is part of a larger property for which substantial water rights have been decreed. Table ID 0 0-1 1 provides a summary of the legal water rights associated with the Lake Springs Ranch property. The physical mw water supply on the Lake Springs Ranch consists of wells, a spring and surface water present as a result of relatively abundant surface water runoff and the underlying geological conditions in the Spring Valley Area. —a m Nm • m Water rights from the Van Cleve Ditches are diverted at the small lake located on the cast side of County Road m o #114, near the sod farm offices. A portion of this water flows through the property in irrigation ditches to the m0 pond/wetlands in the Conservation Area. The water in this pond is used to irrigate the nearby sod fields. The N m water in the pond/wetlands located within the Conservation Area likely comes from several sources including N .-1 the diversion from the Van Cleve Ditch as described above. Since the Conservation Area includes some of the NI _ Cr Itw t2s: terrain on the Lake Springs Ranch, surface water runoff from the surrounding valley and from the N historic irrigation practices also contributes water to the pond/wetland area. In addition, the geologic conditions cn of the Spring Valley area create a perched ground water condition that contributes to the presence of surface N ° water within the Conservation Area (see discussion under geology section of this report). According to the co N property owners, the pond within the Conservation Area is filled most of the year and is only drawn down from time to time during the summer irrigation season. Once irrigation is reduced the pond recovers to its normal water level in a few days. c) Ecological Features Vegetation: The Conservation Area contains a narrow spectrum of plant communities since most of the land has been converted for use as a sod farm. Essentially, the ecosystems on the site are comprised of two categories the irrigated turf/shrub production and the water and wetland area. The boundaries depicted on this exhibit represent areas where the plant species are predominantly those identified. In this case, the boundaries between these systems are highly defined due to the managed nature of the sod farm operation. The general characteristics, of each ecosystem, within the study area are summarized below. Water/Wetland Area: Along the banks of the stream channel are fringe wetlands. The fringe wetlands vary in width from approximately two feet to as much as fifteen feet. Dominant wetland vegetation associated with these wetlands consists of cattails (Typha latifolia) or reed canary grass (Phalaris aeundinacea). Both of the species make for poor wildlife habitat. They are aggressive species that out compete other native plants that offer better food, cover, and nesting opportunities. if left unchecked, it is possible for the cattails and the reed canary grass to dramatically reduce water flow in the channel. Near the northern edge of the channel there is an area of open water dominated by a stand of cattails. In order for cattails to establish themselves in this area, the water level must drop significantly during the growing season. This also indicates that significant disturbance has occurred to the channel over time. The alterations were made to increase water storage and to provide protected bird habitat in the center of the wetlands area. The channel and associated wetlands are an important resource for all the wildlife species that exist in the vicinity of the Conservation Area. Mallards were observed utilizing the channel on the Conservation Area and it's likely that a wide variety of waterfowl utilize the channel and wetlands. Evidence of the potential species diversity can be found approximately one half mile to the south of the Conservation Area in a pond adjacent to County Road 115. Mallards, American Wigeon, and Ring Neck ducks were observed feeding in this pond. Based on available mapping, this pond appears to be hydrologically connected to the channel on the Conservation Area, and because of the close proximity of the two open water areas, it is likely that waterfowl move between them. Upland Plant Commumnities: The majority of the Conservation Area acreage is west of the stream channel and is utilized for turf production. This area is a gently sloping, east facing hillside. A center -pivot irrigation system provides the necessary water for the production of turf grass. The northeast portion of the Conservation Area is currently a small inactive shrub nursery. White-tailed jackrabbit were observed near the stream channel during the site visit. Jackrabbit populations are falling in much of west due to habitat Toss, and seeing one in the u. wo study area is a good sign. Even though turf grass does not provide the same type of habitat for wildlife. as the N v surrounding native communities, it still provides useful habitat. a>- E = Wildlife: The Colorado Division of Wildlife has mapped the wildlife habitat value throughout Colorado o c on a species by species basis, which is available to the public via the Wildlife Resource Inventory System CL o (WRIS) database. WRIS mapping identifies wildlife species typical of various ecosystems and provides a la Q M reasonable indicator of the animals that are likely to occur in particular area. The Garfield County GIS ED IL Department provided mapping and checklists that identified habitat within the Conservation Area for the — m 1.2 following species: Bald Eagle: winter foraging areas; Black Bear: overall range and fall concentration No area; Brazilian Free -Tailed Bat: overall range; Elk: overall range, winter range, and winter concentration —:. area; Mule deer: overall range, winter range, and summer range; Sage grouse: overall range; Wild m o Turkey: overall range. MINN vm mm tisgi 46 Winter Concentration Area: That part of the winter range where densities are at least 200% greater than the Nsurrounding winter range density during the same period used to define winter range in the average of five years ac out of ten. Severe winter range and winter concentration areas have been determined to be of particular importance to the health of elk and deer. These habitats provide valuable foraging and bedding areas during m 4 particularly harsh winters. r 0 CO N The Spring Valley area provides important habitat for a variety of wildlife. The existence of the sod farm has compromised the habitat value for those species. However, it is very likely that bear, elk, mule deer, grouse, and turkey find their way to the channel for a drink during the dry season, and forage on the irrigated fields. In addition, waterfowl certainly utilize the open water areas of the channel for feeding and cover. The current quality of the wetlands and surface waters are not especially high for wildlife habitat purposes due to the dominant wetland plants and potential for pollution. However, in semi -arid environments all water sources are extremely valuable to local wildlife populations. d. Scenic & Open Space Values The subject property is located along County Road 119 in a relatively remote part of the County. County Road 119 is sparsely used due to the fact that the only access to this road is from the south, through the Rivendell Sod Farm parking lot. In addition, County Road 119 is a short road that provides access to relatively few properties, other than the Sod Farm. The limited number of persons who view the property on a regular basis, plus the fact the site is utilized for turf grass production, results in the property having limited scenic value. The primary value of the property from a scenic perspective is the stream channel, pond and wetland area and the waterfowl that utilize this feature. The open water of the pond is visible from County Road 119 and the movements and activities of waterfowl contribute the scenic appeal of Spring Valley. The conservation easement will also benefit open space in this portion of Spring Valley. The Conservation Area is located on the valley floor of Spring Valley in an area with relatively little development other than the agricultural uses on the Lake Springs Ranch and a few residential home sites. The Conservation Area is located immediately to the south of the Spring Valley Ranch, which has been approved for significant development. However, the approved development plans for the Spring Valley Ranch property maintain the valley floor to the north of the Conservation Area as open space. If the Conservation Area were to be developed with 21 single- family home sites, as approved pursuant to the Lake Springs PUD, it would result in significant impact to the relatively open, agricultural nature of this portion of Spring Valley. The preservation of the Conservation Area not only protects the site's modest scenic values but also preserves the other functions this property serves, including surface hydrology and ground water recharge. In addition, conserving this property for agricultural and open space uses will eliminate the proliferation of impervious surface and the other impacts associated with single-family residential development including traffic and air quality impacts and the erosion and pollution created during construction. Date: December, 2004 1 111111 111111111111111111111111111111111111111 1 II 11 II 665794 12/22/2004 01:52P 81650 P285 M ALSDORF 23 of 23 R 116.00 D 0.00 GARFIELD COUNTY CO N - •A / _,. -6910N:'"9, (ME r ..••• i o o • / -7 -- y = 7 v. L O y v f �^.,=• k 1 !/ i d I ! N I- _j r ! e J / , . ! 1- -N r .' 0 / • /, 0 I i ./...,./ /y �9la'. -. .- 9 /1.1 ^ •` / J I `X ! i F/ 1 ' 1 0 /...- ` 1 0 --_rte - r -T-4 - -' I 1-� r k t 0 1- 0 / is •//.. • '• \.. 0 \ -• 41( COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. STATE HIGHWAY ACCESS PERMIT 304223 Permit fee 0.00 Date of transmittal 10/28/2004 Region/Section/Patrol 03/02/12 State Highway No/Mp/Side 082A/006.660/L Local Jurisdiction Garfield Coun The Permittee(s); Applicant; Ref No. 04-163 Berkeley Family Limited Partnership Berkeley Family Limited Partnership 4001 County Road 114 4001 County Road 114 Glenwood Spgs, CO 81601 Glenwood Spgs, CO 81601 970-945-2568 970-945-2568 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. i_oc ..i Jr 1. ELocated on the east side of Highway 82, a distance of 3458 feet south of RP 6, also known as County Road 114. IAccess to Provide Service to: 1 County Road 525 DHV 100.00 % , Other terms and conditions: b* See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. 1 L ..,. ,M.a e _ r MUNICIPALITY OR COUNTY APPROVAL ,, Required only when the appropriate local authority retains issuing authority. BY I (x) Date Title Upon the signing of this permit the perm'ttee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from • 'n+aa..v .. ii .e permitted al.cess 6 lall ve ccmpiv 9d iii a cc -or dc. . . . ',:is t'. r..dr dit cnz cf tha pmt prior to being used. t The permittee shall notify Leslie Stanton with the Colorado Department of Transportation in Glenwood Spgs at 970-384-3360 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee (x) e(tt T—� . A. p 4-G,. Date k -- o y k, .., ik ....AA...............- • "710k . dat.4........L. , 3,....pa p.44..e....„ This permit is not valid until signed by a duly aut orized representative of the Department. COLORADO DEPART NT OF TRANSPORTATION gy (x) 124.4fi/.64.4P\ Date (of is ue) y�' 1) y o7Qa, Title Access Manager Copy Distribution: Required: 1.Region 2.Applicant 3.Staff Access Section Make copies as necessary for: Local Authority Inspector MTCE Patrol Traffic Engineer Previous editions are obsolete and may not be used CDOT Form #101 8/98 1 m cm o, m rj' 2gj�p C U— N t m m m Cm 12 N 9> m H C o U m 0 m u E 8. 4 a 0 mn u o m$.b E m E E E$ 7nLo8ma.go€ N� m .LJ in O f P a Dw'O�p'rUw a opp c c E o g2 m 8 U Q O m o w- m..0E0>m°cicom c E E E 8 E 1 8 N a o 8 p m C N (�j a U m N� l0 O C Ol- .0 . 8 E a 9 1 m 3 E a 0 cn `oN $ m as m a s- nomm m' `o E m n m m n€ c 0 � N( E m a$ 2 2 E. E. " 8 L a C T 8 m w 0 17, m m O�0212RE>1BE 01 n Z O Rg L.'aon05cNa80Oaan 0 0. L m m .0. m m m 0 0>,05.'�. 8 EL m O ..m_ C w J 0 0 0 m- 0 m 0 m m a 0 > m m 'O 0 wm m o �O m m EN ' ao5tocm.€EE 2.m N O/- • m 0 rJ' n • o N m m m y m o C C L U C 22 y a E. o."-' a y0 -€8 mom._' m Hnmm$$L`c°�N1E� 7 o E o o w= N m m m aai55 5NON ,c`o�mc00zE. o oo. E a m u n• - J m C m OIC N 2 N w 0� mCm •_ _ �. CwmJ C m N 6§84g"02282§ 8 `m a m U w 0 L m o ay N O)L 5 2 m 8 N O w m O . m m m E 12 pit ffimo. 0m.a Vs 0 .m. mm 82Q0-6 0 U 0 m 4 �c w > o 2 =8 E E c O L m o m E o y c ,o � c L w m Q 01 p nm0 n Lam..m d U .5 E (0 2 ma8i§ 0L..2 .08 2' O a O C0_N U m O .. (0 0E -9c fv 0 ›.at0E 0 m n E-gG g .20 U nE 8 m m m.00 O L �a 2/1"52E u a$ E !E Lm m .0 € m O c = o as 8 O N C 2mmva 728="2'°1 C T 8 C m m O` Qaio�3'm grg_vm L m ,. m E m 'C O c m w N m 2 N m m V N .L.. o C c mm m C O c€8g m a m m mtE m c w O 3 0 C _ m 17.t--22 v a 0 j m U 0E2m :a a 9a=EB m a 8 `o o,'N `=tE w cv 0 o Lm m (00 `0 G c) a N J m C E�8m lfll! n o c 2 8cmO m 0 m a O> w y U w y C m = y mEv o c c wm C U V m m d t0 'C m m CL_. N 2 i 0 0] 7 m ; N m m O n U a m E o E m O 8 `O 0. 0 0 .. L Et' om m28e m C N m 0 01--8a0 STATE HIGHWAY ACCESS PERMIT 304223 Located on Highway 82 near RP 6.655 Left Issued to Garfield County TERMS AND CONDITIONS October 28, 2004 1. A traffic study will be required for the Lake Springs Ranch Development which indicates phasing and details Highway improvements required under the access code before the Notice to Proceed is issued. 2. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 3. The Permittee is responsible for obtaining any necessary additional Federal, -State and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 4. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the applicant needs to submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction. (b) Construction Plans Stamped by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code. (c) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. (d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. 5. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 6. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS 43-3-102 Including but not limited to restricting left hand turns by construction df physical medial separations. 7. All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves. etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 8. The permittee is required to comply with the Americans With Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street STATE HIGHWAY ACCESS PERMIT 304223 Located on Highway 82 near RP 6.655 Left Issued to Garfield County October 28, 2004 TERMS AND CONDITIONS (cont.) crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: http://www.dot.state.co.us/DesignSupport/, then click on Design Bulletins. 9. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials removed shall be returned to the Department. 10. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. Any mud or other cr oth: r rv:se deposited on the roadway shar daily or as ordered by the Department inspector. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re -seeding. 11. A fully executed complete copy of this permit must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requiremcnt may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 12. Prior to any use as allowed by this permit, the applicant shall contact the Region 3 Access Manacc -r in writing to request a final inspection. This request s:'all include certification that all materials and construction have been completed in accordance with all applicable Department StandE Tis and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The engineer of record as indicated on the construction plans, shall be present for this inspection. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager.