HomeMy WebLinkAbout1.0 ApplicationJEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
113 9TH STREET, SUITE 214
P.O. BOX 1458
GLENWOOD SPRINGS, COLORADO 81602-1458
PHONE: (303) 945-2550 FAX: (303) 945-1410
Mr. Mark Bean
Garfield County Building & Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
P.O. BOX 4808
PAGOSA SPRINGS, COLORADO 81157
PHONE: (303) 731-5743 FAX: (303) 731-4778
September 1, 1993
Dear Mark:
Enclosed please find two revisions to our preliminary plan submittal.
The first is a correction to the legal boundary description to reflect an omission of one line
from the boundary description of December 1983. As we discussed with you earlier, this error
has no effect on the proposed P.U.D., as the boundary is correctly referenced as "along the
Southerly boundary lines of said Westbank Ranch Filings No. 1, No. 2, and No. 3,". The areas
of three Tots have been adjusted to reflect the corrected boundary. We have also revised the
legal boundary description to reflect the dedication of land to the County for the County Road
109 Easement, as described in the original P.U.D. filing, we also discussed this with you last
week. Neither of these changes has significantly affected the areas of any lots.
The second revision is to the platted Tots on the lower portion of the P.U.D. to reflect the
concerns raised in the Planning & Zoning Commission hearing of August 16. We have
realigned the entrance road to the P.U.D., and revised the size, location and number of lower
lots. We have reduced by one the number of lots on the lower part, and increased the size
of the open space adjacent to the existing Westbank Ranch Filings 2 and 3.
We are also eliminating from our proposal the possibility of duplexes in the P.U.D., and
returning to the our original zoning change request of June 1993. This is in direct response
to the concerns raised at the meeting of the Board of County Commissioners held on August
16, 1993. Most of the adjacent property owners did not like the idea of duplexes, and felt
that duplexes would be highly undesirable anywhere in the development, but especially in the
lower Tots. The owners had only proposed the duplexes as a consideration to the desires of
the Planning & Zoning Commission for an "innovative" design.
If you have any questions, please call.
JE
IVIE—GirtMBA ASSOCIATES, Inc.
Jerome Gamba, P.E.L.S. 5933
enclosures
cc John Huebinger, Larry Schmueser
L:\93119 Vevision.wpf/JFG/tcp
0409 Westbank Road
Glenwood Springs, CO 81601
September 12, 1993
Dave Michaelson, Planner
Garfield Planning Department
109 Oth Street, Suite 303
Glenwood Springs, CO 81601
The Westbank Homeowners' Water board has reviewed. the preliminary
plan of the Westbank P. U. D Fi.iina and Resubdivision elated
September 1, 1993.
The drawings don't show the rua.in water tank for FilInE 1, 2 and 3
owned by the Westbank Homeowners' Association. It doesn't show
access road or maintenance land area reserved around the tank needed
to maintain and repair the tank. The drawings don't show the
complete water line easement to the tank.
Tlie small water tank for filings 1, 2 and 3 owned by the Westbank.
Homeowners' Association is shown with a water line easement just north
of Lot 50. It should also show are access road. and maintenance land .
area reserved around the tank needed to maintain and repair the tank
Please see that this information is shown on the Flat as required.
47
Frank M. B
owi; ,
President, Water Board
Westbank Homeowners Association
CC: Fred Rowland
President,
Westbank Homeowners Association
WESTBANK RANCH PLANNED UNIT DEVELOPMENT MODIFICATION
AND
WESTBANK RANCH FILING #4 RESUBDIVISION
6
Submitted for review by the Garfield County Planning Commission at the Preliminary
plan hearing on September 8, 1993. (Being a revision of the August 9, 1993
submittal, with changes in text bolded.)
In accordance with Section 4.12 of the Garfield County Zoning Resolution of 1978
and amendments thereto through 14 October 1991, the owners of the WESTBANK
RANCH PLANNED UNIT DEVELOPMENT desire to modify several provisions of the
plan. The modifications are being proposed because it is felt that the density of lot
of the original plan in keeping with development that has occurred in the general area.
Additionally, the difficulty in permitting and constructing sewage treatment facilities
which would discharge to the Roaring Fork River has caused the construction of a
central sewage collection system to be impractical. The modified concept provides
lots with sufficient space for a large single family home and onsite sewage treatment
facilities to serve it. The Tots are configured to take advantage of the natural views
of the area. The development layout includes common open space which will be
dedicated to the homeowners association.
The proposed Westbank Ranch Filing #4 Resubdivision is illustrated on the following
drawings:
SHEET 1 OF 18 --PRELIMINARY PLAN TOPOGRAPHIC MAP
SHEET 2 OF 18 --PRELIMINARY PLAN LOT LAYOUT AND BUILDING
ENVELOPES (as revised)
SHEET 3 OF 18 --ZONE DISTRICT MAP
SHEET 4 OF 18 --UTILITY PLAN MAP
SHEET 5 OF 18 --DRAINAGE PLAN MAP
SHEET 6 OF 18 --OVERALL ROAD PLAN MAP
SHEETS 7 THROUGH 15 OF 18 --ROAD PLAN AND PROFILE SHEETS
SHEET 16 OF 18 --SOILS GROUP MAP
SHEET 17 OF 18 --RECONNAISSANCE GEOLOGIC MAP
SHEET 18 OF 18 --RECONNAISSANCE GEOLOGIC HAZARD MAP
PAGE 1
THE PROPOSED MODIFICATIONS TO THE EXISTING PUD PLAN ARE AS FOLLOWS:
1. Dwelling Type and Number
The current plan contains 10 fourplex Tots, 10 duplex Tots and 38 single family Tots for
a total of 58 Tots with 98 dwelling units.
The modified plan contains 62 single family lots and one multi -family, fourplex lot for
a total of 66 dwelling units.
2. Lot Size
The current plan contains Tots ranging from 0.44 acres to 1.94 acres, with 36 of the
58 lots being less than one acre.
The modified plan contains Tots ranging from a minimum of 1.0 acre to 12.15 acres,
with the 8 lots over 2 acres in size and 18 lots over 3 acres in size.
3. Site Plan
The current plan calls for 81 dwelling units on the upper bench and 17 on the lower
bench.
The modified plan (see map) calls for 51 single family dwelling unit lots on the upper
bench and 12 Tots on the lower bench. Of these 12 lots, 11 are for single family
dwelling units and one (number 63) is a multi -family, fourplex lot.
4. Domestic and Irrigation water Supply
The current plan anticipates expansion of the existing water system which serves
Westbank filings I through III.
The modified plan anticipates a system separate from the existing Westbank system,
with water to be supplied from new well(s) to be drilled and augmented with Ruedi
Reservoir water for which a contact has been obtained. A total of 40 acre feet of
water is to be purchased from Ruedi Reservoir for the needs of the development. As
a part of the water system development, sufficient irrigation water will be provided to
allow for each residence to irrigate up to 2,500 square feet. Fire protection storage
and hydrants will be incorporated in the domestic water system. A letter report and
documents related to the purchase of water from Ruedi Reservoir are attached as
EXHIBIT E.
5. Sewage Disposal
The current plan anticipates the construction of a central sewage collection system
and treatment plant.
The modified plan anticipates the use of individual, onsite sewage treatment and
disposal systems. Each lot will be designed to accommodate the space necessary for
a leach field disposal system as well as space for a second, "replacement" field.
Percolation rate tests were conducted at four separate sites on the property which
were representative of the soil condition of the development. The locations of the
PAGE 2
tests are illustrated on the RECONNAISSANCE GEOLOGIC MAP. The results of these
tests are as follows:
Test # 1
Test # 2
Test # 3
Test # 4
16.90 minutes/inch
10.37 minutes/inch
8.34 minutes/inch
14.46 minutes/inch
All of these test results are acceptable for the construction of leach field systems for
onsite sewage treatment and disposal systems. Individual percolation tests must be
accomplished for each specific leach field site prior to construction.
6. P.U.D. Zoning Regulations
The current P.U.D. zoning regulations are attached in EXHIBIT A.
The modified plan anticipates changing the regulations to read as follows:
Section I.
A. To carry out the purposes and provisions of the Garfield County Zoning
Resolution, Garfield County, Colorado and, particularly, Section 1.04 of that
title, as amended, the Westbank Ranch Planned Unit Development Zoning
District is further divided into the following Zone District classifications:
R/S.F. - Residential Single Family District
R/M.F.4 - Residential Multi -Family, fourplex District
O.S. - Open Space
B. The boundaries of these Districts are illustrated on Sheet 2 of the maps.
Section II
A. Uses, by right.
1.) Residential Single Family District
One Single -Family dwelling per lot and customary accessary use
including buildings for shelter or enclosure of small animals or property
accessory to the use of the lot for single-family residential purposes and
fences, hedges, gardens, walls and similar landscape features, water
systems, sewer systems and other utility services, including water wells
and water tanks, may be sited in easements within the Residential Single
Family District.
2.) Residential Multi -Family, fourplex District
One structure per lot, containing up to but not more than four dwelling
units and customary accessary use including buildings for shelter or
enclosure of small animals or property accessory to the use of the lot for
multi -family residential purposes and fences, hedges, gardens, walls and
similar landscape features, water systems, sewer systems and other
utility services, including water wells and water tanks, may be sited in
PAGE 3
easements within the Residential Multi -Family District.
3.) Open Space District
Passive and active recreational facilities, park facilities, clubhouse with
snack bar and accessory uses, drainage easements, stormwater facilities,
including detention ponds, water systems, sewer systems and other
utility services, including water wells and water tanks, extraction and
storage of natural resources may be sited in easements within the Open
Space.
B. Uses, conditional
None
C. uses, special
None
D. Minimum Lot Area
One acre
E. Maximum Lot Coverage
15 percent
F. Minimum Setback
Front yard 25 feet
Side yard 10 feet
Rear yard 25 feet
G. Maximum Building Height
25 feet
H. Off -Street Parking
Four (4) off-street parking spaces per dwelling unit or one (1) space per 600
square feet of living space floor area, which ever is greater.
Section III
Except as hereinabove provided, and except for the following sections of the
Garfield County Zoning Resolution, all provisions of the Garfield County Zoning
Resolution shall be applicable to the Westbank Ranch P.U.D. Zoning Districts.
The Sections of said Zoning Resolution which shall have no applicability are as
follows:
Section 3.00 through 3.11.09.
7. Roads
The primary road through the development, HUEBINGER DRIVE, will be designed and
constructed in accordance with the standards for a MINOR COLLECTOR road from the
entrance on County Road #109 to the intersection with OLD NATIVE LANE. The
remainder of HUEBINGER DRIVE, all of OLD NATIVE LANE, DOLORES CIRCLE and
NATIVE LANE will be designed and constructed in accordance with the standards for
PAGE 4
SECONDARY ACCESS roads as defined in Section 9.35 of the Subdivision Regulations
of Garfield County, Colorado. The roads are illustrated on SHEETS 6 THROUGH 14 of
the drawings.
8. School/Parks Dedication
In accordance with Section 9.80 of the Subdivision Regulations of Garfield County,
Colorado, as amended, the Westbank Ranch P.U.D. owners will cooperate with the
Board of County Commissioners to appropriately compensate the county for the
reasonably necessary public facilities, in the nature of schools and parks required by
the future residents of the P.U.D.
9. Phasing
The current plan anticipated the development of the project in two phases.
The modified plan proposes to develop the property in a single phase.
10. Adjacent Property Owners
The property owners of adjacent land, of record in the office of the County Assessor,
as of 15 June 1993, are listed in EXHIBIT B.
11. Acreage and Dwelling Unit Summary
ACRES DWELLING UNITS
Residential/Single Family District 142.32 62
Residential/Multi-Family fourplex District 3.06 4
Road Right -of -Way 14.65 0
Open Space 121.06 0
TOTAL 281.09 66
GROSS DENSITY
NET DENSITY
OPEN SPACE PERCENTAGE = 43.07
0.235 DWELLING UNITS/ACRE
0.454 DWELLING UNITS/ACRE
12. Homeowners Association
A homeowners association shall be formed at the time of final platting of the P.U.D.
modification and Resubdivision. The purposes and powers of the association shall
include:
1. To promote the health, safety and welfare of the owners of real property
within the P.U.D.
2. To enforce all covenants including provisions for architectural control.
PAGE 5
Covenants
To further assure the development and continuation of the Westbank Ranch P.U.D.
as a high quality, rural residential area, protective covenants shall be recorded along
with the final platting of the P.U.D. These covenants will be the same covenants on
file for the Westbank Ranch Subdivision Filing No. 1 except for references to "Filing
No.1" and also excepting paragraphs 14, 15 and 18 in Article V and also except for
the possible additions noted elsewhere in this submittal. A copy of these covenants
are included in EXHIBIT C.
13. Legal Description
The legal description of the boundary of the Westbank Ranch P.U.D. Modification and
Filing #4 Resubdivision is included as EXHIBIT D. This has been revised to reflect the
current, correct description.
14. U.S.D.A. Soil Conservation Service Soil Information
Soils information from the U.S.D.A. Soil Conservation Service about the subject area
was copied from the document "SOIL SURVEY OF ASPEN -GYPSUM AREA,
COLORADO, PARTS OF EAGLE, GARFIELD AND PITKIN COUNTIES". This information
is included in EXHIBIT F, and the map areas of the soils groups discussed therein are
illustrated on Sheet 15, SOIL GROUPS, of the drawings.
15. Anticipated Sources for Electric, Natural Gas, Telephone and Cable T.V. Services
It is anticipated that electrical service will be provided by Holy Cross Electric
Association, that natural gas service will be provided by Rocky Mountain Natural Gas,
that Telephone service will be provided by U.S. WEST Communications and cable T.V.
service will be provided by TCI Cablevision of Colorado, Inc.
16. Engineering Geology
A reconnaissance geologic investigation of the property has been conducted by
CTL/Thompson, Inc., and is included as a part of this submittal as EXHIBIT G.
17. Drainage
The road system serving the development will cross a number of minor drainages.
Drainage structures for these crossings have been designed on the basis of analysis
of the drainage basins which they serve for a 100 year frequency storm event. The
hydraulic calculations determining the 100 year frequency storm events in the
drainage basins effecting this property are illustrated in EXHIBIT H, DRAINAGE
ANALYSIS.
18. Wildlife
The Division of Wildlife mapping places this development in elk winter range and
l ���critical deer habitat. It is understood that some impact on the big game herds will
0,. result from this development. The following conditions are proposed as additions to
the protective covenants of the development to mitigate some of the impact.
A. Dogs shall be kept under the control of the Owner at all times and shall not
be permitted to run free or to cause a nuisance in the subdivision. No dogs
shall be allowed beyond the boundaries of the lot owned by the persons where
PAGE 6
the dog is housed unless accompanied by a person in full control of such dog.
B. Dogs shall not be allowed to bark continuously, which shall be defined as
barking for a continuous 15 minute period.
C. Dogs shall be leashed, chained, fenced, "electric fenced", kenneled, or under
the control of the Owner, which shall mean that the dog does not leave the
boundaries of the lot or house unless on a leash and under the control of a
person at all times. Metal fencing will be allowed for the purposes of kenneling
a dog. Location of kennels shall be subject to review of the Architectural
Control Committee.
D. AH lot owners shall keep gall pets reasonably clean and all lots shall be free
of refuse, insects, animal waste and insects which breed thereon, at all times.
E. The Homeowners 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 committed by an Owner's dog; Two
Hundred Dollars ($200.00) for the second violation; Three Hundred Dollars
($300.00) for the third violation and for each succeeding violation the fine
increases in One Hundred Dollar ($100.00) increments. Should any dog chase
or molest deer, elk, other pet animals or persons, or destroy or disturb property
of another, the Association shall be authorized to prohibit the property owner
or resident from continuing to maintaining the offending animal on his property
and may dispose of that animal, in necessary, to protect wildlife or other
Owner's pet animals, persons or property. The offending dog owner shall be
provided written notice of such action at least two (2) days before disposal
occurs. Within such two-day period, the offending dog shall be kenneled at a
licensed kennel. All charges associated with action taken by the Association
may be assessed against either the lot Owner and/or the dog owner, or both at
the Association's sole option.
F. Notwithstanding the foregoing, no animal may be kept within a lot or
residence which, in the good -faith judgement of the Association Board of
Directors, results in any annoyance or are obnoxious to residents in the vicinity
of to lot Owners within the subdivision. Except as expressly limited herein,
domestic animals may be further restricted pursuant to any rules and
regulations which may be promulgated by the Association Board of Directors.
G. Metal fencing shall not be allowed except for kennels as noted above. No
kennel shall cover an area greater than two hundred and fifty (250) square feet.
Wood and wood rail fence shall have a maximum height of 48 inches with a
maximum three rails to allow for a fawn to pass between rails. Solid privacy
fences, where permitted by the Architectural Control Committee, shall be a
minimum of 72 inches high.
PAGE 7
19.Wildfire Hazard
The area of this development, which is in excess of 30% slope and in the densely
vegetated drainages, has been identified as medium to high hazard for wildfire, in a
letter from Mr. Kelly Rogers of the Colorado State Forest Service. The site was also
visited by representatives of the Carbondale & Rural Fire Protection District. As a
result of this visit, a letter was written by Mr. Ron Leach, Chief of that district and a
Memorandum was written by Mr. James Mason, Director of Glenwood Emergency
Services. Recommendations were made regarding the development in all three of these
communications. As a result of these recommendations, the following conditions are
proposed as additions to the protective covenants of the development to mitigate this
potential hazard:
A. Structures shall not be constructed in or at the head of topographic drainage
features.
B. All vegetation except low ground cover such as mowed grass shall be
removed for an area 10 feet on all sides of all structures.
C. Brush and trees within 30 feet of all structures shall be thinned, if necessary,
so that the remaining clumps are no more than 10 feet wide.
D. Structure roof coverings shall be of non-combustible materials.
Additionally, the design criteria proposed by Mr. Leach and Mr. Mason is incorporated
in the road and utility design.
Copies of the letters from Mr. Rogers, Mr. Leach and Mr. Mason are included as
EXHIBIT I.
Jerome F. Gamba P.E. & L.S. 5933
September 7, 1993
PAGE 8
EXHIBIT D
LEGAL DESCRIPTION
(REVISED)
EXHIBIT D
WESTBANK RANCH PLANNED UNIT DEVELOPMENT MODIFICATION
AND
WESTBANK RANCH FILING #4 RESUBDIVISION
LEGAL DESCRIPTION, (September 1, 1993)
A parcel of land situated in Lot 15 of Section 35, Township 6 South, Range 89 West of the
Sixth Principal Meridian, Lots 13, 14, 15, 24 and 25 of Section 1, and Lots 5, 8, 9, 10, 11,
12, 13, 14, 15, 16, 18, 19, 20, 21 and 22 of Section 2, Township 7 South, Range 89 West
of the Sixth Principal Meridian, all in Garfield County, Colorado, Tying Southerly of Westbank
Ranch Planned Development Subdivision Filing No. 1 and Westbank Ranch Subdivision Filing
No. 2 and No. 3, as amended, all as filed in the Garfield County, Colorado records, and
Westerly of a line in said Section 1 partly described by Book 416 Page 336 as filed in the
Garfield County, Colorado records, said parcel of land is more fully described as follows:
Beginning at the Northwest Corner of Lot 5 in said Section 2, whence the Northwest Corner
of said Section 2 bears: N. 89°44'39" W. 602.75 feet; thence N. 01057'00" E. 81.45 feet
along the Westerly boundary line of Lot 15 in said Section 35 to the Southwest Corner of said
Westbank Ranch Filing No. 1; thence, along the Southerly boundary lines of said Westbank
Ranch Filings No. 1, No. 2, and No. 3, N. 77°39'00" E. 112.73 feet; thence N. 63°09'52"
E. 159.87 feet; thence S. 35°32'48" E. 210.99 feet; thence S. 31043'00" W. 75.00 feet;
thence S. 69°27'00" E. 130.00 feet; thence S. 28057'00" W. 160.00 feet; thence N.
86°03'00" E. 190.00 feet; thence S. 45°23'00" E. 130.00 feet; thence S. 05°23'20" W.
300.15 feet; thence S. 61018'14" E. 231.81 feet; thence S. 28°07'00" E. 160.00 feet;
thence N. 60°30'00" E. 78.00 feet; thence S. 37°06'00" E. 55.45 feet; thence S.
79°17'00" E. 492.88 feet; thence N. 26°07'29" E. 82.61 feet; thence S. 64°37'00" E.
336.67 feet; thence S. 69°29'00" E. 390.82 feet; thence S. 81003'00" E. 358.60 feet;
thence N. 89°22'00" E. 342.78 feet; thence S. 78°00'00" E. 349.80 feet; thence N.
87002'00" E. 374.60 feet; thence S. 88023'00" E. 626.00 feet; thence S. 76037'00" E.
39.95 feet; thence S. 50031'33" E. 298.72 feet; thence N. 61040'41" E. 339.92 feet;
thence S. 50°00'00" E. 25.74 feet; thence along the arc of a curve to the left having a radius
of 329.13 feet, and a central angle of 52°46'29" for a distance along the curve of 303.16
feet; the chord of said curve bears S. 76023'15" E. a distance of 292.56 feet; thence along
the arc of a curve to the right having a radius of 45.00 feet, and a central angle of 83°05'30"
for a distance along the curve of 65.26 feet; the chord of said curve bears S. 61013'45" E.
a distance of 59.69 feet to a point on the said described line in Section 1, whence the
Northwest Corner of said Section 1 bears: N.20°00'40" W. 1523.72 feet; thence, leaving
said Westbank Ranch filings, along the said described line, S. 19°41'00" E. 196.35 feet;
thence S. 34°08'00" E. 1.14 feet to a point on a non -tangent curve of the County Road
Dedication described in Document No. 334810 as filed in the Garfield County, Colorado
records, and continuing along the County Road Dedication as follows: along the arc of the
non -tangent curve to the left having a radius of 710.00 feet, and a central angle of 34°59'38"
for a distance along the curve of 433.64 feet; the chord of said curve bears S. 38048'11" E.
a distance of 426.93 feet; thence S. 56°18'00" E. 174.02 feet; thence S. 52°22'00" E.
349.83 feet; thence along the arc of a non -tangent curve to the right having a radius of
430.57 feet, and a central angle of 10004'52" for a distance along the curve of 75.76 feet;
the chord of said curve bears S. 32002'21" E. a distance of 75.66 feet; thence along the arc
of a curve to the left having a radius of 2293.26 feet, and a central angle of 10006'00" for
a distance along the curve of 404.25 feet; the chord of said curve bears S. 32°03'00" E. a
Page 1
distance of 403.73 feet; thence S. 37006'00" E. 193.54 feet; thence along the arc of a curve
to the left having a radius of 1384.75 feet, and a central angle of 11048'00" for a distance
along the curve of 285.19 feet; the chord of said curve bears S. 43°00'00" E. a distance of
284.68 feet; thence S. 48054'00" E. 218.65 feet to a point on the East line of Lot 24 in said
Section 1, being the end of the said described County Road Dedication; thence, leaving said
described line, S. 01018'00" E. 242.48 feet, more or less, to the Southeast Corner of Lot 24
in said Section 1; thence S. 89°37'46" W. 1965.07 feet to the Southwest Corner of Lot 25
in said Section 1; thence S. 00048'12" E. 843.20 feet to the Southeast Corner of said
Section 2; thence N. 89021'20" W. 2606.36feet to the South Quarter Corner of said Section
2; thence N. 01004'18" W. 2139.78 feet to the Southeast Corner of Lot 16 in said Section
2; (whence the Center of said Section 2 bears: N.01 °04'18"W. 465.01 feet); thence S.
89°57'32" W. 745.65 feet to the Southwest Corner of Lot 16 in said Section 2; thence N.
00°03'32" E. 468.68 feet to the Northwest Corner of Lot 16 in said Section 2; thence N.
89045'00" W. 606.04 feet to the Southwest Corner of Lot 8 in said Section 2; thence N.
00002'31" W. 858.00 feet to the Northwest Corner of Lot 8 in said Section 2; thence S.
89047'29" W. 722.54 feet to the Southwest Corner of Lot 5 in said Section 2; thence N.
00043'57" E. 797.26 feet to the Northwest Corner of Lot 5 in said Section 2, the POINT OF
BEGINNING, containing 281.09 acres, more or less.
Page 2
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH
Dedicated to protecting and improving the health and
environment of the people of Colorado
Grand Junction Regional Office
222 S. 6th Street, Rm. 232
Grand Junction, CO 81501-2768
FAX: (303) 248-7198
August 17, 1993
Garfield County
Regulatory Offices and Personnel
David Michaelson, Planner
109 8th St, Suite 303
Glenwood Springs, CO 81601
.,
`.. ...lcjr9r
,�
"''F IE D COUNT)/
M y
RE: Westbank Ranch Filing #4 PUD Preliminary Plan
Dear David:
We have reviewed the subject plan and have the following comments:
Roy Ropier
Governor
Patricia A. Nolan, MD, MPI -I
Executive Director
Subdivision lot owners will experience problems finding suitable soils and
locations to site Individual Sewage Disposal Systems. The steep slopes
and potentially fast percolation rates will make long term operation of
ISDS on these lots marginal.
We have been contacted by lot owners in Westbank Filings 1 through 3 who
have expressed their concerns regarding multiple ISDS in a relatively high
density, potentially impacting their drinking water wells.
We have similar concerns. Since Westbank Filing #4 is just outside of the
Glenwood Springs 201 Planning Area, we cannot require connection to the
City of Glenwood Springs. However, we highly recommend that central
sewage collection be considered to protect the downstream and downslope
drinking water supplies from further degradation.
We apologize for any delays that may have occurred in not getting our comments
in within the mandated 21 day period. Limited resources and budgets have not
kept up with mandated time periods. Thank -you for the opportunity to comment.
If you have any questions, please contact me at 248-7150.
Sine
Dwain P. Watson
West Slope District Technician
Water Quality Control Division
DPW/sp
CC: Field Services
File
® Printed on ReCvrled Palrrr
0409 Westbank Road
Glenwood Springs, CO 81621
September 12, 1993
Dave Michaelson, Planner
Garfield Planning Department
109 3th Street, Suite 303
Glenwood Springs, CO 81601
The Westbank Homeowners' Water Board has reviewed the preliminary
plan of the Westbank P. U. D Filing and Resubdivision dated
September 1, 1993.
The drawings don't show the main water tank for Filing 1, 2 and 3
owned by the Westbank Homeowners' Association. It doesn't show
access road or maintenance land area reserved around the tank needed
to maintain and repair the tank. The drawings don't show the
complete water line easement to the tank.
The small water tank for filings 1, 2 and 3 owned by the Westbank,
Homeowners' Association is shown with a water lire easement just north
of Lot 50. It shouldalso show an access road and maintenance land
area reserved around the tank needed to maintain and repair the tank
Please see that this information is shown on the Flat as required.
Frank Ni. B• own,
President, Water Board
Westbank Homeowners Association
CC: Fred Rowland
President,
Westbank Homeowners Association
JEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
113 9TH STREET. SUITE 214
PO. BOX 1458
GLENWOOD SPRINGS, COLORADO 81602-1458
PHONE: (303) 945-2550 FAX: (303) 945-1410
DRAINAGE
P.O. BOX 4808
PAGOSA SPRINGS, COLORADO 81157
PHONE: (303) 731-5743 FAX: (303) 731-4778
Sheet 5 of the preliminary plan submittal drawings illustrates the drainage basins within the
development. The Table in Exhibit H of the submittal illustrates the potential discharge
from these basins, as they now exist, from a 100 year storm event. Also illustrated in this
table are the culvert sizes necessary to carry these flows. We have made preliminary
calculations which indicate that under the most severe conditions (i.e. extremely Targe
houses on all lots) the post development 100 year discharge will be less than 5 percent
increase over pre development discharge. This results in a discharge requiring mitigation of
less than 2 cfs from the largest discharge basin. In all cases, the post development
drainage increase will be mitigated with detention structures constructed to prevent
discharge in excess of the pre development discharge. Construction plans for these
s ctures will be prepared at the time of final plat.
J-rome F. Gamba
P.E. & L.S. 5933
8 September 1993
ROBERT DELANEY
(OF COUNSEL)
KENNETH BALCOMB
JOHN A. THULSON
EDWARD MULHALL, JR.
ROBERT C. CUTTER
SCOTT BALCOMB
LAWRENCE R. GREEN
ROBERT M. NOONE
TIMOTHY A. THULSON
MARGARET O'DONNELL
LORI J.M. SATTERFIELD
DELANEY & BALCOMB, P. G.
ATTORNEYS AT LAW
DRAWER 790
GLENWOOD SPRINGS, COLORADO 81002
April 13, 1994
Don DeFord
Garfield County Attorney
Glenwood Springs, CO
(Hand Delivered)
RE: Westbank Ranch
BIB COLORADO AVENUE
TELEPHONE 945-6546
TELECOPIER 945-8902
AREA CODE 303
Dear Don:
Enclosed are copies of the following documents:
1. Well Permit No. 043240-F issued to Westbank Ranch #1
Ltd.
2. Proposed Resolution concerning the vacation of
public ways upon a plat of Westbank Ranch Planned Unit
Development, Filing No. 4.
3. Proposed Subdivision Improvements Agreement for
Westbank Ranch Limited Partnership.
Very truly yours,
DELANEY/& BAL OMB, P.C.
/
By
JAT:sv
Encs.
cc: John Huebinger
o . Thulson
WATER RES.
vO I rvs-. vI
TEL
r r 11- vier_ L1vt711vLt.fl
GWS -25 COLORADO DIVISION OF WATER RESOURCES
018 Cantbnnlal Bldg., 1313 Sherman S1., Denver, Colorado 60203
(30:4 05103501
APPLICANT
Feb 25 94 12:03 No.012 P.02
LIC
WELL PERMIT NUMBER 043240
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
Lot: 59 Bfock: Filing: 4 Subdiv: WESTUANK
6_ r_pfOVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NW 1/4 Section 1
Twp 7 S RANGE 89 W 6th P.M.
WESTBANK RANCH #1 LTD
0235 OAK LANE
GLENWOOD SPGS CO 81601
( 303)945-6190
PERMIT TO USE AN OCIST1NG WELL
DISTANCES FROM SECTION LINES
1520 Ft. frorn North Section Line
315 Ft. from West Suction Lino
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONnmoNS OF APPROVAL
1) Thls well shall bo used In such a way as to cause no mutorlal Injury to oxlsting wator righto. The Issuance of the pormit does
not assuro tho applicant that no Injury will occur to another vesloa wator right or proclude anothor owner of a vostod water right
from sooking roiluf in n civil court action.
2) The construction of this well shall bo In compllanco with the Water Wall Construction and Pump Installation Rulos 2 CCR 402.2,
unless approval of a varlanco has boon °rented by Ihn Stale Board of Examinurs of Wator WWI Construction and Pump
Installation Contractors In accordance with Rule 17.
3) Approved pursuant to CRS 37-90-137(2) on the conditIon that the well be operated In occordbnce whh the Westbank Ranch No.
1 LTD. and Westbank Ranch Homeownor's Association Augmentation Plan approved by the Division 5 Wator Court In case no.
93CW104. If the well Is not operatod In accordance with tho terms of said decree, It will be subJoct to administration Including
orders to Coosa diverting water.
4) Approved for the use of an existing well, consiructod as a monhoring holo undor ills no. MH•21545.
5) The use of ground water from thio well is limited to providing a domestic water supply for 100 stngto family dwollings, fire
protection, and the Irrigation of not more than 5.74 acres of home lawns and gardens (Approximately 2,500 square feet of lawns
and gardens per dwelling).
6) The maximum pumping rate shall not exceed b0 GPM. The eimuhaneous maximum pumping rate of this wolf and all other welts
operating under 11115 plan for augmentation shall not exceed 112.5 GPM.
7) The annual amount of ground water to be withdrawn shall not oxcoed 40 aoro-feet Tho combined average annual amount of
ground water to be appropriated by this well and all other wells operating under this plan for augmentation shall not exceed 68
acre-feot.
8) The return flow from the use of Iho well must be through waste wator disposal systems of the non -evaporative type where the
water Is returned to 1110 same stroam system In which the well le located.
9) A totalizing flow muter must be installed on this 1: ell and maintained In good working order. Permanent records of all diversions
must be maintained by the well ownor (recorded al least annually) and submitted to the Division Engineer upon request.
10) This well shall bo constructed not more than 200 Not from the location apoctfiod on this permit, and more than 600 feet from any
existing wall,
11) The owner shall mark the wolf In a conspicuous place with well permit number(s), nom° of the aqulfor, and court case number(s)
au appropriate. Tho owner shall take necessary meant' and precautions 10 prosurvo these markings.
n
APPROVED
JD2
o1.1a En 1--
Rocelpt No. 03832311
DATE ISSUED FEB 25 1994
Oy
FXPIHATION DATE r C `J 2 5 1995
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS Agreement is made and entered into this day of April, 1994, between
WESTBANK RANCH LIMITED PARTNERSHIP, a Colorado limited partnership, (Owner),
and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO
(County).
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located in Garfield County,
Colorado, more particularly described in the final plat for Westbank Ranch Planned Unit
Development, Filing No. 4 Resubdivision which is filed on even date hereof and the description
of which is set forth in Exhibit A attached hereto and made a part hereof (Subdivision); and
WHEREAS, as a condition of approval of the Final Plat of the Subdivision (Plat), Owner
wishes to enter into this Subdivision Improvements Agreement (Agreement) with the County;
and
WHEREAS, the County has required and Owner has agreed to provide security or
collateral sufficient in the judgment of the County to make reasonable provision for completion
of certain public improvements required to be installed in the Subdivision as set forth in
Resolution No. 93-085 recorded in the office of the Clerk and Recorder of Garfield County,
Colorado as Reception No. 453631 in Book 878 at Page 467; and
WHEREAS, Owner has agreed to execute and deliver a letter of credit to the County to
secure and guarantee its performance of this Agreement and has agreed to certain restrictions
regarding the issuance of building permits and certificates of occupancy within the Subdivision,
all as more fully set forth hereinafter;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES AND THE
FOLLOWING MUTUAL COVENANTS AND AGREEMENTS, THE PARTIES HEREBY AGREE AS
FOLLOWS:
1. OWNER'S PERFORMANCE. Owner has heretofore installed or caused
to be installed roadways, drainage structures, water lines and appurtenances, water tank,
electrical power, cable for television transmission, landscaping, and all other improvements
required by Resolution No. 93-085. The installation of these improvements has been at the sole
cost and expense of Owner and are nearly complete in all aspects, save and except final
construction thereof, the cost of which shall not exceed Two Hundred Thousand Dollars
($200,000.00). All improvements have been installed and will be completed in compliance with
Resolution No. 93-085 and all laws of the County of Garfield, the State of Colorado and the
United States and the various agencies of such entities, including affected special districts and
utility companies providing utility services.
Subdivision Improvements Agreement
Westbank Ranch Limited Partnership Page 1 of 4
The County agrees that provided such improvements are installed in
accordance with this paragraph 1 and Owner also complies with all requirements of this
Agreement, Owner shall be deemed to have satisfied all terms and conditions of the zoning and
subdivision laws, resolutions and regulations of Garfield County, Colorado.
2. COST OF IMPROVEMENTS. It is understood for purposes of this
Agreement that the cost of all public improvements have been to date and will hereafter be at
the sole cost and expense of Owner.
3. SECURITY FOR IMPROVEMENTS. The finalization of the improvements
for the Subdivision shall be completed within a period of three (3) months. On the date of the
recording of the final plat with the Clerk and Recorder of Garfield County, Colorado, Owner
shall deliver a letter of credit in the amount of Two Hundred Thousand Dollars ($200,000.00) to
the Clerk of the County. The letter of credit shall be issued by a state or national banking
institution which is licensed to do business in the State of Colorado in a form acceptable to the
County, which acceptance shall not be unreasonably withheld. Certification of completion of the
improvements must be submitted by a registered engineer licensed in the State of Colorado.
Such certification shall certify that the improvements have been constructed in accordance with
the requirements of this Agreement and shall be stamped by said professional engineer.
Acceptance of improvements shall not be unreasonably withheld, provided
that in the event weather or other factors beyond the reasonable control of Owner delay the
installation of those improvements sensitive to weather or such other factors, the letter of credit
shall remain in full force and effect.
Upon receipt from the engineer for Owner of a certification that the
improvements have been completed, the County shall return to Owner within thirty (30) days
from the date of said certification the letter of credit marked "satisfied in full," shall acknowledge
that said improvements have been completed in a satisfactory manner, and shall otherwise
release the letter of credit; provided, however, that the County may inspect said improvements
and submit a notice of deficiencies as provided in paragraph 5 hereof.
Upon acceptance of the certificate of completion of any of the
improvements and statement of the cost allocation to such improvement provided by a certified
professional engineer, Owner may apply for a reduction in the face value of the letter of credit
in an amount equal to the sum allocated for the cost of the completion as specified in the
certificate of completion. The County shall allow Owner to reduce such security after acceptance
of completed improvements in accordance with this Agreement.
The County may, at its option, permit Owner to substitute other collateral
acceptable to the County for the collateral originally given by Owner to secure the completion
of the improvements as hereinabove provided.
Failure to post security as set forth herein shall constitute a breach of or
failure to comply with this Agreement.
Subdivision Improvements Agreement
Westbank Ranch Limited Partnership Page 2 of 4
4. SALE OF LOTS. Upon full execution of this Agreement and the delivery
of the letter of credit, Owner shall be entitled to enter into agreements for the sale of lots within
the Subdivision.
5. NOTICE OF DEFICIENCIES. If the County determines that the
improvements are not constructed in compliance with the specifications hereof, it shall furnish
a letter of potential deficiencies to Owner within thirty (30) days from the date of certification
by the engineer for Owner that the public improvements have been completed. If said letter is
not furnished within said thirty (30) days, all improvements shall be deemed accepted and the
County shall release the letter of credit as provided in paragraph 3 above. If a letter of potential
deficiencies is furnished by the County, the County shall have sixty (60) days to complete its
investigation and provide a written confirmation of the deficiencies to Owner. The letter of
credit shall be released to Owner within ten (10) days after completion of such investigation,
assuming such investigation finds that all improvements are acceptable.
6. SCHOOL IMPACT FEES. Owner shall be obligated to pay Two Hundred
Dollars ($200.00) per lot for school impact fees. Owner shall tender Two Hundred Dollars
($200.00) to the County for all lots at the time that the certification of completion of
improvements is tendered to the County.
7. ENFORCEMENT. In addition to any rights which may be provided by
Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the
Subdivision shall have the authority to bring an action in the District Court of Garfield County,
Colorado to compel the enforcement of this Agreement. In the event no action is commenced
before the issuance of the final certificate of completion of improvements and acceptance thereof
by the County, any purchaser's rights to commence an action shall thereafter be extinguished.
8. CONSENT TO VACATE PLAT. In the event that Owner fails to comply
with the terms of this Agreement, the County shall have the ability to vacate the plat as it
pertains to undeveloped lots only. Any existing developed lots or lots on which subdivision
improvements have been properly constructed shall not be vacated and the plat as to those lots
shall remain valid. Owner shall provide a survey and complete legal description with a map
showing the location of any portion of the plat so vacated.
9. APPROVAL OF PLAT. The County agrees to approval of the plat subject
to the terms and conditions of this Agreement and Resolution No. 93-085.
10. AMENDMENT. This Agreement may be amended from time to time,
provided that such agreement be in writing and signed by the parties hereto.
11. BINDING EFFECT. This Agreement shall be a covenant running with the
title to each lot within the Subdivision and the rights and obligations as contained herein shall
be binding upon and inure to the benefit of Owner, its successors and assigns.
Subdivision Improvements Agreement
Westbank Ranch Limited Partnership Page 3 of 4
12. INDEMNITY. To the extent allowed by law, Owner agrees to indemnify
and hold the County harmless for claims which may arise as a result of Owner's installation of
improvements pursuant to this Agreement; provided, however, Owner does not indemnify the
County for claims made asserting that those standards imposed by the County on Owner are
improper or the cause of the injury asserted.
The County shall be required to notify Owner of receipt of a notice of claim
or notice of intent to sue and shall afford Owner the option of defending any such claim or
action. Failure to notify and provide such option to Owner shall extinguish the County's rights
under this paragraph. Nothing herein stated shall be interpreted to require Owner to indemnify
the County for claims which may arise from the negligent acts or omissions of the County.
13. ROADS. Roads within the Subdivision shall be private roadways open to
the public and shall be maintained and repaired by the homeowners association to be established
by Owner in the Subdivision at its sole expense. Approval and acceptance of roads within the
Subdivision shall not obligate the County to construct, maintain, repair or replace such roads.
WESTBANK MESA LIMITED PARTNERSHIP
By: D. V. DEVELOPMENT CO., INC.,
a Colorado corporation,
General Partner
By
John Huebinger, President
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By
Chairman
Attest:
Clerk
Subdivision Improvements Agreement
Westbank Ranch Limited Partnership Page 4 of 4
RESOLUTION NO.
A RESOLUTION CONCERNED WITH THE
VACATION OF PUBLIC WAYS UPON PLAT OF
WESTBANK RANCH PLANNED UNIT DEVELOPMENT, FILING NO. 4
WHEREAS, Westbank Ranch Planned Unit Development Filing No. 4 was
recorded in the office of the Clerk and Recorder of Garfield County,
Colorado on November 30, 1981, as Reception No. 334810 (Original Plat);
WHEREAS, a plat of the same property, the subject of the Original
Plat, was this day approved by this Board and is entitled "Westbank Ranch
Planned Unit Development Filing No. 4 Resubdivision" (Second Plat);
WHEREAS, it is necessary that all roadways, easements and other
public ways shown upon the Original Plat which differ from or are
inconsistent with the public dedications shown on the Second Plat be
vacated;
WHEREAS, the vacation of the roadways, easements and other public
ways shown upon the original plat will not leave any land adjoining said
roadway without an established public road or private access easement
connecting said land with another established public road;
WHEREAS, the vacation of the roadways, easements and other public
ways shown upon the original plat will not bar or block access to public
domain;
WHEREAS, the health, safety and welfare of the citizens of Garfield
County will not be impaired by the vacation of the roadways, easements
and other public ways shown upon the original plat;
NOW, THEREFORE, BE IT RESOLVED that all roadways, easements and
other public ways shown on the Original Plat which differ from or are
inconsistent with the public dedications shown upon the Second Plat, be
and the same hereby are vacated.
Dated this day of May, 1994.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By
Attest:
Chairman
County Clerk
ARTICLES OF INCORPORATION
OF
WESTBANK MESA HOMEOWNERS ASSOCIATION, INC.
KNOW ALL MEN BY THESE PRESENTS that the undersigned natural person, more than
18 years of age, acting as an incorporator in order to organize and establish a corporation not for
profit under and pursuant to the statutes of the State of Colorado, does hereby adopt the
following Articles of Incorporation, to -wit:
INC.
ARTICLE I.
NAME
The name of the Corporation is WESTBANK MESA HOMEOWNERS ASSOCIATION,
ARTICLE II.
DURATION
The period of duration of the Corporation shall be perpetual.
ARTICLE III.
PURPOSES AND POWERS
The purposes for which the Corporation is organized and the powers which it shall
possess are as follows:
A. To protect and maintain the area known as WESTBANK RANCH P.U.D. FILING
NO. 4 and located in Garfield County, Colorado as a desirable rural residential area and to do
all things and perform all acts necessary or desirable in connection with said purpose. The area
is a common interest planned community pursuant to the provisions of C.R.S. 38-33.3-101, et seq.
1. To hold the title to any lands or interest in lands, including, but not limited
to, common lands, green belt, roadways, water and water rights, and any utilities deemed
necessary or desirable by the Corporation.
2. To acquire and operate the domestic and irrigation water supply
distribution systems which shall service Westbank Ranch P.U.D. Filing No. 4.
Articles of Incorporation
Westbank Mesa Homeowners Association, Inc. Page 1 of 4
3. To lease, purchase, sell, convey and deal with lands, structures and
improvements, all as may be necessary or desirable in carrying out the purposes of the
Corporation.
4. To build, operate, improve, maintain and beautify roads, bridle paths, trails,
bridges, utility lines and easements, common lands and other things of like nature.
5. To maintain all roadways, including snow removal.
6. To arrange for or provide any services necessary or desirable to promote
and advance the general welfare of the residents of the area known as WESTBANK RANCH
P.U.D. FILING NO 4 in Garfield County, Colorado.
7. To establish, maintain and enforce all necessary and reasonable rules and
regulations concerning the use and maintenance of the facilities under its jurisdiction.
8. To charge and collect such fees, charges and assessments as may be set or
charged by the Board of Directors of the Corporation in carrying out its functions hereunder and
to create liens upon personal property for the purpose of enforcing the collection of such fees,
charges and assessments, all to the end of carrying out the purposes and powers of the
Corporation.
9. To exercise all of the powers authorized or granted to a corporation not for
profit by the laws of the State of Colorado as now are in effect or may hereinafter be in effect.
ARTICLE IV.
MEMBERS
The members of this Association shall be those persons or entities who own title in fee
to a lot or unit within WESTBANK RANCH P.U.D. FILING NO. 4. There shall be one (1) regular
membership in the Corporation for each lot or unit located therein, which regular membership
shall be appurtenant to the fee simple title of each such lot or unit and shall automatically pass
with the transfer of title. Each owner of a lot or unit shall be entitled to the benefits and be
subject to the burdens relating to such membership. If fee simple title is held by more than one
(1) person or entity, the regular membership appurtenant to that lot or unit shall be shared by
all such persons or entities in the same proportionate interest and by the same type of ownership
as fee simple title to the lot or unit is held.
Articles of Incorporation
Westbank Mesa Homeowners Association, Inc. Page 2 of 4
ARTICLE V.
DIRECTORS
A. The names and addresses of the persons who are to serve as directors of this
Corporation until the first annual meeting of members and until their successors shall be elected
and shall qualify are as follows:
John Huebinger
Dolores Huebinger
Larry Schmueser
0235 Oak Lane
Glenwood Springs, CO 81601
0235 Oak Lane
Glenwood Springs, CO 81601
7703 County Road 312
New Castle, CO 81647
B. The business, affairs and property of the Corporation shall be managed by a Board
of Directors who shall be elected at the annual meetings of the members by plurality vote. Each
director shall be elected to serve until the next succeeding annual meeting and until his successor
shall be elected and shall qualify.
C. The Board of Directors shall consist of from three (3) to five (5) persons as shall
be determined by the Bylaws of the Corporation.
D. Subsequent to the sale of all lots and units in WESTBANK RANCH P.U.D. FILING
NO. 4 all directors must be lot or unit owners within the subdivision. The composition of the
Board of Directors shall be as provided in the Bylaws of the Corporation.
E. Any vacancy occurring in the Board of Directors may be filled by the affirmative
vote of a majority of the remaining directors. A director elected to fill a vacancy shall be elected
from the unexpired term of his predecessor in office.
ARTICLE VI.
REGISTERED OFFICE AND AGENT
The address of the initial registered office of this Corporation is 0235 Oak Lane, Glenwood
Springs, CO 81601, and the initial registered agent at such office is John Huebinger.
ARTICLE VII.
INCORPORATOR
The name and address of the incorporator of this Corporation is John Huebinger, 0235
Oak Lane, Glenwood Springs, CO 81601.
Articles of Incorporation
Westbank Mesa Homeowners Association, Inc. Page 3 of 4
ARTICLE VIII.
DISSOLUTION
This Corporation may be dissolved by fourth -fifths (4/5ths) of the votes entitled to be cast
by its members and in accordance with the laws of the State of Colorado. Upon dissolution, the
properties and assets of this Corporation shall be distributed to its members pro rata in the same
proportion as the votes entitled to be cast by the members at the time of dissolution and in
accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the undersigned, being the incorporator designated in the
annexed and foregoing Articles of Incorporation, for the purpose of organizing and establishing
a corporation not for profit under and pursuant to the laws of the State of Colorado, executes
these Articles of Incorporation aforesaid and declares that the statements therein contained are
true and accordingly has hereunto set his hand this day of
, 1994.
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
JOHN HUEBINGER
I� , a notary public in and for the
County and State aforesaid, do hereby certify that John Huebinger, who is personally known to
me to be the person whose name is subscribed in the foregoing instrument, appeared before me
this day in person and acknowledged that he signed, sealed and delivered the said instrument
in writing as his free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of
, 1994.
Notary Public
Address:
My commission expires:
Articles of Incorporation
Westbank Mesa Homeowners Association, Inc. Page 4 of 4
DECLARATION OF PROTECTIVE COVENANTS
FOR
WESTBANK RANCH P.U.D. FILING NO. 4
A Common Interest Planned Community
WESTBANK MESA LIMITED PARTNERSHIP, a Colorado Limited Partnership, as the
fee owner of WESTBANK RANCH P.U.D. FILING NO. 4 (Subdivision), desiring to insure the
development and continuity of the Subdivision as a residential subdivision for itself, its
successors, legal representatives, assigns and grantees, hereby declares to and for the benefit of
all persons who may hereafter purchase and from time to time own lots in the Subdivision that
said ownership and holding of said lots shall be subject to the following protective covenants and
conditions, all of which shall be deemed to be appurtenant to and run with the land and inure
to the benefit of and be binding upon the owners of said lots, their heirs, successors and assigns.
ARTICLE I.
PURPOSE OF COVENANTS
It is the intention of the fee owner of the Subdivision, expressed by the execution of this
instrument, that the lands within the Subdivision be developed and maintained as a highly
desirable rural residential area. It is the purpose of these covenants that the present natural
beauty, natural growth and native setting and surroundings of the Subdivision always be
protected insofar as is possible in connection with the uses and structures permitted by this
instrument.
ARTICLE II.
DEFINITIONS
A. SUBDIVISION. Whenever the term "Subdivision" is used in these covenants, it
shall mean all the lands included in Westbank Ranch P.U.D. Filing No. 4, and as described on
the plat filed for record with the Garfield County Clerk and Recorder as Reception No.
. The Subdivision is a common interest planned community located entirely
in Garfield County, Colorado. The Subdivision shall popularly be known as "Westbank Mesa
Subdivision" and the homeowner's association shall be known by that name.
B. RESIDENCE. The term "Residence" as used herein shall mean single family
dwellings only and shall exclude apartment houses, condominiums and any dwelling place
containing more than one (1) family unit, with the exception that a multi -family unit, not to
exceed four (4) units (Fourplex), shall be allowed on Lot 63.
Protective Covenants
Westbank Ranch P.U.D. Filing No. 4 Page 1 of 11
C. RESIDENTIAL PURPOSE. The term "Residential Purpose" as used herein shall
be construed and held to include the use of a residence as a home and principal dwelling place
by the owner thereof. Rental of said unit shall be permissible if rented by a single family.
D. FAMILY. The term "single family" shall mean a household composed of a
husband and wife, children and other relatives, or any combination of a man or wife and
children or other relatives, having natural or moral duties to care for one another.
E. ASSOCIATION. The term "Association" shall mean the Westbank Mesa Home-
owner's Association, Inc. The Association shall be a not-for-profit Colorado corporation formed
for the purpose of operating the homeowner's association with the Subdivision.
F. BOARD. The term "Board" shall mean the Board of Directors of the Association.
ARTICLE III.
MEMBERSHIP IN WESTBANK MESA HOMEOWNERS ASSOCIATION
All persons or associations (other than the Association) who own or acquire the title in
fee to any of the lands in the Subdivision shall automatically become members of the Association.
The owner or owners of each lot shall be entitled to one (1) vote for each lot owned and shall
be liable to pay assessments on the basis of one sixty-third (1/63) of all assessments for each lot
owned; provided, however, in the event that Lot 63 is developed as a multi -family lot, the
percentage to be paid shall be decreased by the number of units developed on Lot 63 in excess
of one (1). The owner of each unit on Lot 63 shall be deemed to be a lot owner. In the event
title to any lot is obtained by eminent domain procedures by a public utility and used for utility
purposes, the fractional interest of each owner shall be modified to reflect the number of lots
remaining after such taking. For example, if one lot is so taken, the fractional interest of each
owner shall be one -sixty-second (1/62).
ARTICLE IV.
ARCHITECTURAL CONTROL
A. PLAN SUBMITTALS. Before anyone shall commence the construction,
remodeling, addition to, or alteration of any building, swimming pool, wall, fence or other
structure whatsoever, on any lot, there shall be submitted to the Board two (2) complete sets of
the plans and specifications for said work, and no such structure or improvement of any kind
shall be erected, altered, placed or maintained upon any lot unless and until the final plans,
elevations and specifications therefor have received such written approval as herein provided.
The plans and specifications shall be submitted to the Board and approval received from the
Board prior to application for a building permit from Garfield County or other public entity
having jurisdiction thereof. Such plans shall include plot plans showing the location on the lot
or property of the wall, fence or other such structure proposed to be constructed, placed, altered
or maintained, and elevation of same, together with the proposed color schemes for roofs and
Protective Covenants
Westbank Ranch P.U.D. Filing No. 4 Page 2 of 11
exteriors thereof, indicating materials for the same. The Board shall have the right to refuse to
approve any such plans or specifications which are not suitable or desirable, in its opinion, for
aesthetic or other reasons, and in so passing upon such plans and specifications, it shall have the
right to take into consideration the suitability of the proposed building, structure or other
improvement and the materials of which it is to be built, the site upon which it is proposed to
erect the same, the harmony thereof with the surroundings and the effect of the building or
other structure as planned on the view -plane from the adjacent or neighboring property. All
plan submittals shall meet the following criteria:
1. Minimum square footage of livable area shall be no less than eighteen
hundred (1,800) square feet, with a ground footprint of no less than nine hundred (900)
square feet, exclusive of garages, balconies and decks.
2. There shall be at least a double garage with a minimum of six hundred
twenty-five (625) square feet. Either an attached garage or detached garage will be
permissible.
3. Siding materials shall be stucco, brick, rock, wood, masonite siding and
such other materials as approved by the Board. Roofing materials shall be fiberglass
shingles, colored metal, or clay or concrete tile, the colors of said materials to be approved
by the Board.
4. All residences shall be constructed within the envelope of the building site
shown on the recorded plat of the Subdivision.
5. All sewage disposal systems and building foundations shall be designed
by engineers licensed to practice in the State of Colorado.
6. Each residence shall install a water meter which shall be so located that it
can be read and monitored without entering the residence.
7. Each residence shall install a pressure reducing valve in its water
distribution system.
B. METHOD OF APPROVAL. The Board shall approve or disapprove the plans and
specifications in writing within thirty (30) days from the receipt thereof. One (1) set of said plans
and specifications, with the approval or disapproval, shall be retained by the Board for a period
of three (3) years. In the event no action is taken to approve or disapprove such plans and
specifications within said thirty (30) day period, the provision requiring approval of said plans
and specifications shall be deemed to have been waived.
C. BOARD NOT LIABLE. The Board shall not be responsible to any person or entity
in any manner whatsoever for any defect in any pans or specifications submitted or as revised
by the Board, nor for any work done pursuant to the requested changes of said plans and
specifications.
Protective Covenants
Westbank Ranch P.U.D. Filing No. 4 Page 3 of 11
ARTICLE V.
ASSESSMENTS
A. ASSESSMENTS. Each lot owner shall be obligated to pay any assessments duly
imposed by the Association in the percentage set forth in Article III above. To the extent the
Association is responsible therefor, assessments may be duly levied for purposes necessary to
promote the health, safety and welfare of the lot owners and residents of the Subdivision,
including, but not limited to, payment of the expenses for maintaining, improving and
snowplowing all roads; payment of expenses for implementing, maintaining and improving the
water system; implementing, maintaining and improving the domestic water and irrigation
systems; the security system for common facilities; maintenance of open space, including
revegetation thereof; taxes, utility charges and insurance premiums applicable to the open space
and common facilities; and all other costs of the operation of the Association and the
performance of its various functions as set forth herein or required by law. Each owner of any
lot, by acceptance of a deed therefor, whether or not it is so expressed in the deed, shall be
deemed to covenant and agree with each other and with the Association to pay to the
Association annual assessments for the purposes set forth herein and any special assessments for
capital improvements or other matters provided for herein.
B. ANNUAL ASSESSMENTS. The total annual assessments against all lots shall be
based upon advance estimates of cash requirements for the Association to provide for the
payment of all estimated expenses arising from, or connected with, the functions of the
Association as set forth herein and any other expenses or liabilities which may be regularly
incurred by the Association for the benefit of the lot owners.
C. SPECIAL ASSESSMENTS. In addition to the annual assessments authorized by
this Article, the Association may levy a special assessment, payable over such a period as the
Association may determine, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacement, or for any other expense,
including a capital expense, incurred or to be incurred as provided in these Protective Covenants
or the Articles or Bylaws of the Association. Any such special assessment shall be paid in the
same prorated manner as annual assessments.
D. ADOPTION OF BUDGET. Within thirty (30) days after the adoption of the
annual budget, the Board of the Association shall mail a summary of the budget to all lot owners
and shall set a date for a meeting of the lot owners to consider ratification of the budget not less
than fourteen (14), nor more than sixty (60), days after mailing of the summary. Unless at the
meeting seventy-five percent (75%) of all lot owners reject the budget, the budget shall be
ratified. In the event the proposed budget is rejected, the budget last ratified by the lot owners
shall be continued until a subsequent budget is proposed and ratified.
E. NOTICE OF ASSESSMENTS. The Association shall give written notice to each
lot owner, sent to that owner's address as it appears on the records of the Association, as to the
amount of any annual assessment with respect to his lot on or before twenty (20) days prior to
the date upon which that assessment shall be due and payable. Failure of the Association to give
Protective Covenants
Westbank Ranch P.U.D. Filing No. 4 Page 4 of 11
timely notice of any assessment as provided herein shall not affect the liability of the lot owner
for such assessment, but the date when payment shall become due in such case shall be deferred
to a date twenty (20) days after such notice shall have been given. Except as otherwise
determined by the Board, notice of special assessments shall be in accordance with the
procedures set forth herein for annual assessments or in accordance with such other procedures
as may be determined by the Board of Directors. All assessments shall bear interest at the rate
of twelve percent (12%) per annum from due date until paid.
F. ENFORCEMENT OF ASSESSMENTS. Any delinquent assessment may be
enforced or collected in any one or combination of manners set forth in these Protective
Covenants. The pursuit of any course of action as a means of collecting or enforcing an
assessment shall not be deemed to waive the right of the Association to pursue any other
method, either at the same time or subsequently. No owner may exempt himself from liability
for his contribution toward any assessment by waiver of the use or enjoyment of any benefit of
lot ownership of Association membership (including use of the domestic water system) or by
abandonment of his lot. The Association, and it alone, shall be charged with the responsibility
of collecting and enforcing any delinquent assessment and, regardless of the means it employs
to do so, the lot owner or other person charged with responsibility for any assessment shall pay
the attorney's fees and costs incurred by the Association in collecting and enforcing the
assessment.
G. PERSONAL OBLIGATION OF LOT OWNER AND PURCHASER. All sums
assessed by the Association, together with interest, attorney's fees and costs, shall constitute a lien
on the lot assessed, which lien shall be superior and prior to all other liens and encumbrances,
excepting only:
1. liens and encumbrances recorded before the recordation of this Declaration;
2. 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; provided, however, the lien created by this
paragraph shall be prior to such security interest to the extent of the assessments based
on the budget of the Association which would have become due, in the absence of any
acceleration, during the six (6) months immediately preceding institution by either the
Association or any party holding a lien senior to any part of the lien of the Association
created under this paragraph of an action or a non -judicial foreclosure either to enforce
or to extinguish the lien;
3. liens for real estate taxes and other governmental assessments or charges
against the lot;
Recording of this Declaration shall constitute record notice and perfection of the lien of the
Association. No further recordation of any claim of lien for assessments shall be required. A lien
created under this paragraph, however, shall be extinguished unless proceedings to enforce the
lien are instituted within six (6) years after the full amount of the assessments become due. Such
lien may be enforced by foreclosure of the defaulting owner's lot by the Association in the same
Protective Covenants
Westbank Ranch P.U.D. Filing No. 4 Page 5 of 11
manner in which mortgages on real property may be foreclosed in Colorado. The lot owners
shall be required to pay the Association any assessments against the lot which become due
during the period of foreclosure and these assessments shall be automatically included in the
amount of the lien. The Association shall have the power to bid on the lot at the foreclosure sale
and to acquire and hold, convey, lease, encumber, use or otherwise deal with the lot.
H. STATEMENT OF UNPAID ASSESSMENTS. The Association shall furnish to a
lot owner or such lot owner's designee, or to a holder of a security interest or its designee, upon
written request delivered personally or by certified mail, first class, postage prepaid, return
receipt to the Association's registered agent, a written statement setting forth the amount of
unpaid assessments currently levied against such owner's unit. The statement shall be furnished
within fourteen (14) calendar days after receipt of the request and is binding on the Association,
the Board of Directors and every lot owner. If no statement is furnished to the lot owner or
holder of a security interest or their designee, delivered personally or by certified mail, first class,
postage prepaid, return receipt requested, to the enquiring party, then the Association shall have
no right to assert a lien upon the lot for unpaid assessments which were due as of the date of
the request.
ARTICLE VI.
GENERAL RESTRICTIONS ON USE
A. ZONING REGULATIONS. No lands within the Subdivision shall ever be
occupied or used by or for any structure or purpose or in any manner which is contrary to the
applicable zoning regulations of Garfield County, Colorado.
B. BUSINESS, COMMERCIAL OR TRADE USES. No lands in the Subdivision shall
ever be occupied or used for any commercial, business or trade purpose and nothing shall be
done on any of said lands which is a nuisance or might become a nuisance to the owner or
owners of said lands, with the exception, however, that the use of a portion of the lands for sale
of lots by the Declarant shall be permitted. Use of a residence for a business purpose shall be
authorized provided such use is non -observable from other lots, does not generate any vehicular
traffic or noise and does not alter the premises in any fashion.
C. ANIMALS AND AGRICULTURE. Residents may keep dogs, cats or other
animals which are bona fide household pets on lands within the Subdivision, so long as such
pets are not kept for commercial purposes and do not make objectional noises or otherwise
constitute a nuisance or inconvenience to any of the residents of the Subdivision. No cattle,
sheep, goats, pigs, poultry or other livestock shall be kept or maintained on any lot. No lands
shall be used for agricultural purposes except for normal residential gardening of flowers, fruits
and vegetables. Except as expressly limited herein, domestic animals shall be permitted subject
to any rules and regulations which may be promulgated by the Board. No farm or ranch animals
shall be permitted to be boarded within the Subdivision. A lot owner shall be entitled to keep
a maximum of two (2) mature dogs on his property. A mature dog shall be considered to be any
dog older than four (4) months. Dogs shall be kept under the control of the owner at all times
and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall
Protective Covenants
Westbank Ranch P.U.D. Filing No. 4 Page 6 of 11
be allowed beyond the boundaries of the lot owned by the persons where the dog is housed
unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained,
fenced, "electric fenced," kenneled or housed at all times. Metal fencing will be allowed for the
purposes of kenneling dogs. Location of kennels shall be subject to review of the Board. The
Board shall have the right to assess and enforce penalties against owners violating these
restrictions applying to dogs as follows:
1. One Hundred Dollars ($100.00) for the first violation committed by an
owner's dog;
2. One Hundred Dollars ($100.00), plus an additional Fifty Dollars ($50.00) for
each subsequent violation, such that the fine increases in Fifty Dollar ($50.00) increments
for each succeeding violation.
Should any dog be caught chasing or molesting deer, elk, poultry or any domestic animals, the
Board shall be authorized to prohibit the lot owner from continuing to maintain the offending
animal on his property and may dispose of that animal, if necessary, to protect wildlife or other
lot owners' domestic animals. Areas where a lot owner keeps any animals shall be kept clean
and free of refuse, insects and waste at all times. No commercial animal breeding activities of
any kinds shall be permitted within the Subdivision. Notwithstanding the foregoing, no
animal(s) may be kept within a lot or the residence which, in the good faith judgment of the
Board, results in any annoyance or is obnoxious to residents in the vicinity or to lot owners
within the Subdivision. Except as expressly limited herein, domestic animals shall be permitted
subject to any rules and regulations which may be promulgated by the Board.
D. SIGNS. No advertising or signs of any character shall be erected, placed,
permitted or maintained on any lot or structure within the Subdivision other than one (1) "For
Sale" or "For Rent" sign not to exceed three (3) feet by six (6) feet in size approved by the Board
and a name plate and street number of the occupant.
E. RESUBDIVISION. No lot described in the plat of the Subdivision shall ever be
resubdivided into smaller lots or tracts, nor conveyed or encumbered in any less than the full
original dimensions as shown on said recorded plat.
F. SERVICE YARDS AND TRASH. Each residence must maintain an enclosed
service yard of sufficient size to conceal garbage cans, clothes lines, wood piles and storage piles
from lots, roads and all common areas within or adjacent to the Subdivision. No above ground
oil, gas or water tanks shall be permitted on any lot.
G. UNDERGROUND UTILITY LINES. All utility pipes and lines within the limits
of the Subdivision must be buried underground and may not be carried on overhead poles nor
above the surface of the ground. All such services must be buried underground from the point
where said utilities take off from transformers and terminal points supplied by the developer.
Existing overhead power lines now in place are excepted.
Protective Covenants
Westbank Ranch P.U.D. Filing No. 4 Page 7 of 11
H. CONSTRUCTION OF DWELLING HOUSE. All construction and alteration work
shall be prosecuted diligently, and each building, structure or improvement which is commenced
on any residential lot shall be completed within twelve (12) months from the commencement of
construction. No persons may live in or use as a dwelling place a partially constructed building.
In the event of a breach of this covenant, the Declarant and/or the Association shall have the
right to complete construction of any uncompleted building, structure and improvement at the
cost and expense of the Owner, which cost and expense shall become a lien against the property
the same as a lien for assessments and which may be enforced as a lien for assessments.
I. TEMPORARY STRUCTURES. No temporary house, trailer, tent, garage or
outbuilding shall be placed or erected upon any part of any lot in the Subdivision; provided,
however, that during the actual construction of any improvement on any lot, a necessary
temporary building for the storage of materials may be erected and maintained by the person
doing the construction.
J. TOWERS AND ANTENNAS. No towers or radio and television antennas shall
be erected or permitted to remain on any residential lot within the Subdivision except that
normal radio and television antennas attached to a dwelling house may project up to six (6) feet
above the highest point of the roof of the structure. Satellite dishes shall be permitted as
approved by the Board.
K. EXTERIOR LIGHTING. All exterior lighting and light standards on residential
lots shall be approved by the Board for harmonious development and the prevention of lighting
nuisance to other residents of the Subdivision.
L. GARBAGE DISPOSAL AND SANITARY SYSTEMS. All sewage disposal systems
or sanitary systems shall be designed by an engineer licensed to practice in the State of Colorado
and shall not be constructed or used on any Lot unless fully approved as to design, capacity,
location and construction by all proper public health agencies of the State of Colorado and the
County of Garfield.
M. SET BACK RESTRICTIONS. Every building, structure or other improvement,
other than fences, terraces and steps, shall be located within the building envelope shown on the
recorded plat of the Subdivision. Placement of any and all structures on lots within the building
envelope must be approved by the Board prior to the commencement of construction.
N. WALLS AND FENCES. Walls and fences shall be limited to six (6) feet in height
measured from the adjoining ground surface inside the wall or fence. No chain link fences shall
be permitted, except for kennels.
O. CLEANLINESS AND UNSIGHTLY GROWTH. Each lot shall at all times be kept
in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles,
cans, implements, machinery, lumber or other building materials shall be permitted to remain
exposed on any lot so as to be visible to any neighboring lot or road. Each lot shall be limited
to a maximum of irrigated lawn area as shall be specified in an agreement to be entered into
between the developer, Westbank Mesa Limited Partnership, and Garfield County, Colorado.
Protective Covenants
Westbank Ranch P.U.D. Filing No. 4 Page 8 of 11
P. FIREPLACES AND STOVES. No open hearth, solid fuel devices will be allowed
anywhere within the Subdivision. All dwelling units will be allowed an unrestricted number of
natural gas burning fireplaces or appliances. All dwelling units will be allowed one (1) new
woodburning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated
thereunder.
ARTICLE VII.
ROADWAYS
All roadways within the Subdivision shall be public; provided, however, the Association
shall maintain all such roadways, including snow removal.
ARTICLE VIII.
WATER
All domestic and irrigation water for the Subdivision shall be provided by the Association.
Title to the water rights shall be vested in the Association.
ARTICLE IX.
EASEMENTS RESERVED
Easements and rights of way in perpetuity are hereby reserved for the erection,
construction, maintenance and operation of wires, cables, pipes, irrigation ditches (in addition
to any irrigation ditches which now exist in place), conduits and apparatus of the transmission
of electrical current, telephone, television and radio lines and for the furnishing of water and gas
in the street or for the furnishing of other utility purposes, together with the right of entry for
the purpose of installing, maintaining and improving said utilities along, across, upon and
through a strip of land ten (10) feet in width along the rear and side lot lines of all lots in the
Subdivision. All easements of record and areas designated "Green Belt Area" or "Common Area"
on plats of the Subdivision, as finally recorded, are hereby reserved for the common use of the
owners of lots within the Subdivision for recreational purposes or such purposes as may be
determined by the Association.
ARTICLE X.
ENFORCEMENT
A. JUDICIAL RELIEF. Any violation of the provisions, conditions or restrictions
contained herein shall authorize the Declarant, the Association or any lot owner to apply to any
court of law or equity having jurisdiction thereof for an injunction or proper relief in order to
enforce the same. No delay on the part of the Declarant or any other person in the exercising
of any right, power or remedy contained herein shall be construed as a waiver thereof or an
Protective Covenants
Westbank Ranch P.U.D. Filing No. 4 Page 9 of 11
acquiescence therein. Various rights and remedies of all persons hereunder shall be cumulative
and the Declarant, the Association or any lot owner may use any or all of said rights without in
any way affecting the ability of the Declarant, the Association of any lot owner to use or rely
upon or enforce any other right. Any lot owner found by a court to have violated these
covenants shall be liable to the prosecuting party for all costs, including attorney fees.
B. DECLARANT'S RIGHT TO REMEDY VIOLATIONS. If the owner of any lot
shall default in the performance of any covenant or condition hereof or shall violate any of the
covenants or rules herein contained, the Declarant or the Association may, after thirty (30) days
notice to said owner, or without notice if in the opinion of the Declarant or Association an
emergency exists, perform such covenant or condition or remedy such violation for the account
and at the expense of the said owner. If the Declarant or Association shall incur any expense,
including reasonable attorneys' fees in instituting, prosecuting (including an action against an
owner for default or violation), or defending any action or proceeding instituted by reason of any
default or violation, said expenses shall be included and added to any judgment made or given
to the Declarant or Association.
ARTICLE Xl.
GENERAL PROVISIONS
A. COVENANTS TO RUN WITH LAND. All the restrictions and covenants
contained herein shall constitute covenants running with the land as to all of the lands within
the Subdivision. It shall continue to be binding upon the owners of said lands and in all persons
claiming by, through or under said owner for a period of twenty-one (21) years from the date
this document is filed for record with the Clerk and Recorder of Garfield County, Colorado;
provided, however, that the owners of seventy-five percent (75%) of the lots in the Subdivision
may release all of the lots hereby restricted from any one or all of these restrictions by executing
and acknowledging an appropriate instrument in writing for said purpose and filing the same
for record with the Clerk and Recorder of Garfield County, Colorado, in the manner then
required for the recording of land instruments.
B. BENEFIT OF ALL. The provisions contained herein are for the benefit of and
shall be binding upon the Declarant and the purchasers and subsequent owners of each of said
lots. Each purchaser of lots included within this Declaration, by acceptance of a deed to same,
shall be subject to each and all of the restrictions, conditions, covenants and agreements
contained herein and to the jurisdiction, right and power of the Declarant. By acceptance hereof
by each owner, such owner shall for himself, his heirs, personal representatives, successors and
assigns, covenant and agree and consent to and with the grantees and subsequent owners of
each of said lots, to keep, observe, comply with and perform said restrictions, covenants,
conditions and agreements contained herein.
C. COUNTY PLAT APPROVAL. Approval of the plat of the Subdivision recorded as
provided in Article II.A above shall in no manner imply that this Declaration of Covenants
complies with federal and state regulations regarding subdivision covenants.
Protective Covenants
Westbank Ranch P.U.D. Filing No. 4 Page 10 of 11
D. NOTICES. All notices given hereunder to lot owners affecting the Subdivision
shall be given by regular United States Mail, postage prepaid, addressed to each owner at the
address as it appears on the records of the Association.
E. VARIANCES. The Declarant hereby reserves the right to grant a reasonable
variance or adjustment of these conditions and restrictions in order to overcome practical
difficulties and prevent unnecessary hardships arising by reason of the application of the
restrictions contained herein. Such variances or adjustments shall be granted only in case the
granting thereof shall not be materially detrimental or injurious to other property or
improvements of the neighborhood and shall not defeat the general intent and purpose of these
restrictions.
F. SEVERABILITY. In the event any one or more of the provisions, conditions,
restrictions or covenants contained herein shall be held by any court of competent jurisdiction
to be null and void, all remaining restrictions and covenants herein set forth shall remain in full
force and effect.
Dated this
day of , 1994.
WESTBANK MESA LIMITED PARTNERSHIP
By: D. V. DEVELOPMENT CO., INC.
General Partner
By:
John Huebinger, President
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was subscribed and sworn to before me this day of
, 1994, by John Huebinger as President of D. V. Development
Co., Inc., the General Partner of Westbank Mesa Limited Partnership.
Witness my hand and official seal.
Notary Public
Address:
My commission expires:
Protective Covenants
Westbank Ranch P.U.D. Filing No. 4 Page 11 of 11
EXHIBIT B
Attached to and Forming a Part of Subdivision Improvement Agreement Dated
May I(LJ\\, 1994, Between Westbank Mesa Limited Partnership as Owner and
Board of County Commissioners of Garfield County, Colorado
JEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
113 9TH STREET, SUITE 211
PO BOX 1158
GLENW00D SPRINGS. COLORADO 81602-1158
PHONE (303) 9152550 FAX: (303) 915-1410
Board of County Commissioners
County of Garfield
Glenwood Springs, Colorado
PO BOX 1808
PAGOSA SPRINGS. COLORADO 81157
PHONE (303) 731.5713 FAX: (303) 731-1778
Re: Westbank Ranch P.U.D. Filing No.4 Resubdivision
Dear Commissioners:
This is to certify that I am a registered engineer and land surveyor in the State of Colorado
and that all of the engineering and surveying work for the Westbank Ranch P.U.D Filing
No.4 Resubdivision has been accomplished by me and or under my direction. In the course
of this work, we have observed the construction of the improvements on this development
and hereby certify that they have been accomplished in accordance with our plans and
specifications, and all of the required improvements have been accomplished with the
exception of the following:
WORK TO BE COMPLETED
WORK ITEM COST
Chip and seal pavement on roads $64,250.00
Land scaping 10,409.00
Tank painting 10,000.00
Final cleanup and miscellaneous 10,000.00
TOTAL WORK TO BE COMPLETED $94,659.00
Respectfully,
Jerome F. Gamba
P.E. & L.S. 5933
1-/
1
GARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
109 8th Street, Suite 300
Glenwood Springs, Colorado 81601-3303
Telephone: (303) 945-9150
Fax No.: (303) 945-7785
April 22, 1994
John A. Thulson, Esquire
Delaney & Balcomb, P.C.
P. O. Drawer 790
Glenwood Springs, CO 81602
"F:f134..1_
PR 221994
Re: Westbank Filing IV P.U.D. - Final Plat Documents
Dear Alan:
I have had an opportunity to review your proposed Subdivision
Improvements Agreement and Articles of Incorporation for
homeowners association, By-laws, and Protective Covenants in
regard to the proposed final plat for this subdivision. I have
the following comments and suggestions:
Subdivision Improvements Agreement
1. The provision on Owner's Performance needs to be
modified to provide that certain structures have been installed
in accordance with as -built drawings submitted to the County, and
that certain structures remain to be installed in order to comply
with Resolution Nos. 93-85 and 93-84, the cost of which is set
forth in the Exhibit attached to the agreement.
2. Further the agreement needs to provide that so long as
the subdivider remains in compliance with all conditions of
approval of Resolution Nos. 93-84 and 93-85, and so long as
improvements are certified to be installed in accordance with
those conditions of approval, and the owner otherwise satisfies
the terms of this agreement, the owner will be deemed to have
satisfied the regulations of Garfield County.
3. The paragraph on Owner's Performance additionally needs
to provide for revegetation of the site, as well as placement of
security to assure that all vegetation will survive for two
years.
4. The letter of credit must be in the full amount of the
certification of the engineer as to costs of improvements, as
well as for cost of total revegetation.
5. In regard to security, provision needs to be made
release of vegetation security subsequent to the passage of
years.
for
two
John A. Thulson, Esq.
Page 2
April 22, 1994
6. Sale of lots may occur upon recording of the final
plat.
7. The paragraph on Consent to Vacate Plat needs to be
modified to provide that the consent to vacate is also applicable
to failure to obtain continuing compliance with the conditions of
approval of the P.U.D. and preliminary plan.
8. The section on Approval of Plat needs to provide that
the County agrees to approval and recording of the plat.
9. The provision concerning roads needs to be modified to
provide that the roads are public roads to be maintained by the
homeowners association, unless alterations have been made to the
preliminary plan approval.
HOMEOWNERS ASSOCIATION
1. The honeowners association must also have the right to
hold the water rights, contracts for augmentation, as well as the
responsibility for maintaining those contracts.
2. If the Board resolves to allow private roads, those
roads should be held in the ownership of the homeowners
association, not individual lot owners.
COVENANTS
1. In regard to roadways, if the Board permits private
roadways, those roadways, at a minimum, need to be reserved as
easements.
2. By approval of the final plat, the County in no manner
indicates its agreement that the covenants comply with federal
and state regulations regarding subdivision covenants.
3. The covenants probably should provide that all lot
owners are subject to assessments for road maintenance and water
system maintenance, as well as open space maintenance costs,
including revegetation of those areas if necessary.
The foregoing constitute my comments concerning the final plat
submittal. I have not reviewed the actual final plat, leaving
that task to the Planning Department.
If you have any questions, please contact me at your convenience.
I have attached a draft Subdivision Improvements Agreement that
John A. Thulson, Esq.
Page 3
April 22, 1994
incorporate most of the above -noted alterations, as well as a few
others. If you have additional changes concerning that document,
please contact me at your earliest convenience.
Singerely yours,
DON K. IEFORD
Garfield County Attorney
DKD:vlm
Encl.
>DRAFT-
SUBDIVISION IMPROVEMENT AGREEMEo �RQVIL"�Y Only
THIS AGREEMENT is made and entered into this day of
, 1994, between WESTBANK RANCH LIMITED
PARTNERSHIP, a Colorado limited partnership, (Owner), and the
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO,
(County).
W ITNESSET H:
WHEREAS, Owner is the owner of certain real property located
in Garfield County, Colorado, more particularly described in the
final plat for Westbank Ranch Planned Unit Development, Filing
No. 4 Resubdivision, which is filed on even date hereof and the
description of which is set forth in Exhibit A attached hereto
and made a part hereof by reference (Subdivision); and
WHEREAS, as a condition of approval of the Final Plat and as
required by the laws of the State of Colorado, the Owner wishes
to enter into this Subdivision Improvements Agreement with the
County; and
WHEREAS, the County has required and the Owner has agreed to
provide security or collateral sufficient in the judgment of the
County to make reasonable provision for completion of certain
public improvements required to be installed in the Subdivision
as set forth in Resolution No. 93-085, recorded in the office of
the Clerk and Recorder of Garfield County, Colorado, as Reception
No. 453631 in Book 878 at Page 467; and
WHEREAS, Owner has agreed to execute and deliver a letter of
credit to the County to secure and guarantee its performance of
this Agreement and has agreed to certain restrictions regarding
the issuance of building permits and certificates of occupancy
within the Subdivision, all as more fully set forth hereinafter.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES AND
THE FOLLOWING MUTUAL COVENANTS AND AGREEMENTS, THE PARTIES HEREBY
AGREE AS FOLLOWS:
1. OWNER'S PERFORMANCE. Owner has constructed and
installed, or will cause to be constructed and installed at its
sole expense those improvements required through approval of the
Preliminary Plan in Resolution No. 93-085. The improvements
required therein will be completed on or before October 31, 1994
in compliance with the following:
A. All plat documents submitted prior to or at the
time of the Final Plat approval including approved as -built
drawings of all improvements completed prior to execution of this
Agreement, which are incorporated herein by reference and made a
part of this Agreement, which are incorporated herein and made a
part of this Agreement.
PAGE lof 5
B. All requirements of Resolution Nos. 93-084 and 93-
085, including all requirements of the Garfield County Zoning
Code and the Garfield County Subdivision Regulations.
C. All laws of the United States, the State of
Colorado, the County of Garfield and its various agencies and
affected special districts.
D. Such other designs, maps, specifications, sketches
and other materials submitted to and approved by any of the above
stated governmental entities.
The County agrees that if all approvements are installed in
accordance with this Agreement, Final Plat documents, the
requirements of the Preliminary Plan, and the requirements of the
P.U.D. zone approval, and all other requirements of this
Agreement, the Preliminary Plan and the P.U.D. zone approval,
then the owner shall be deemed to have satisfied all terms and
conditions of zoning, subdivision, resolutions and regulations of
Garfield County.
2. SECURITY FOR IMPROVEMENTS. On or before the date of
the recording of the Final Plat with the Clerk and Recorder, the
Owner shall deliver a letter of credit which is acceptable to the
County in the amount of the improvements for the subdivision or
improvements that have not yet been completed. Those
improvements, together with the cost as certified by a licensed
engineer are attached hereto as Exhibit B. The letter of credit
shall be issued by state or national banking institution in a
form acceptable to the County, and from an institution that is
licensed to do business in the State of Colorado. Certification
of completion of improvements must be submitted by a licensed or
registered engineer. Such certification shall certify that the
improvements have been constructed in accordance with the
requirements of this Agreement, including all Final Plats, and
plans, and shall be stamped by said professional engineer.
The security set forth herein shall be in an amount
sufficient to provide for full revegetation of the landscaping
required by the Preliminary Plan, as required by Paragraph 6 of
Resolution No. 93-085. Full costs of revegetation shall be as
set forth in Exhibit C attached hereto. The full amount of such
revegetation shall be retained as security for a period not to
exceed two (2) years. At the conclusion of the two-year period,
the security shall be released by the County upon receipt and
acceptance of a certified letter from the landscape professional
executing the document attached hereto as Exhibit C, that such
landscaping is complete and is no longer in need of revegetation.
The letter of credit set forth herein must be valid for
a minimum of six (6) weeks beyond the completion date for the
improvements and revegetation set forth herein. Any extension of
the time periods within which improvements must be completed
shall cause the line of credit required herein to be extended for
PAGE 2of 5
an equal amount of time. If the County determines that the
improvements are not constructed in compliance with the relevant
specifications, it shall furnish a letter of potential
deficiencies to the Owner within fifteen (15) days from the date
the County receives certification from the Owner that all
improvements as set forth in Exhibit B have been completed. If
that letter is not furnished within fifteen (15) days, all
improvements shall be deemed accepted and the County shall
release the appropriate amount of security as such relates to the
completed improvements. If a letter of potential deficiencies is
furnished by the County, the County shall have thirty (30) days
to complete its investigation and provide written confirmation of
the deficiencies to the Owner. If, upon further investigation,
the County finds that all improvements are acceptable, then
appropriate security shall be released to the Owner within ten
(10) days after completion of such investigation. In the event
that such improvements are not accepted by the County, the Board
of County Commissioners shall make written findings before
requesting payment on the letter of credit.
The security for revegetation in the amount set forth
in Exhibit C shall remain in place for two (2) years from the
date of certification of completion of the revegetation
improvements. The sole purpose for this element of security
shall be to guarantee the survival of all plantings required to
revegetate and landscape disturbed areas created during
construction.
The County may, at its option, permit the Owner to
substitute other collateral acceptable to the County for the
collateral originally given by the Owner to secure the completion
of the improvements as hereinabove provided.
No Final Plat shall be recorded pursuant to this
Agreement until a letter of credit in a form acceptable to the
County is received by the County.
3. WATER. At the time of execution of this Agreement, all
water system improvements, including all easements necessary for
the installation of that system, together with the necessary
water rights and assignment of permits and water allotment
contracts and other water rights associated with the issuance of
the well permit shall be transferred by deed, dedication or
contract to the Homeowners Association in the form set forth in
Exhibit "D" attached hereto. That deed shall be recorded
coincident with the filing of the final plat.
4. INDEMNITY. To the extent allowed by law, Owner agrees
to indemnify and hold the County harmless and defend the County
from all claims which may arise as a result of Owner's
installation of the improvements pursuant to this Agreement,
provided, however, Owner does not indemnify the County for claims
made asserting that the standards imposed by the County on Owner
are improper or the cause of the injury asserted.
PAGE 3of 5
The County shall be required to notify the Owner of
receipt of a notice of claim or a notice of intent to sue and
shall afford Owner the option of defending any such claim or
action. Failure to notify and provide such option to Owner shall
extinguish the County's right under this paragraph. Nothing
hereinstated shall be interpreted to require Owner to indemnify
the County from claims which may arise from the negligent acts or
omissions of the County or its employees.
5. SCHOOL IMPACT FEES. Owner shall be obligated to pay
Two Hundred Dollars ($200.00) per lot for school impact fees.
Owner shall tender Two Hundred Dollars ($200.00) to the County
for all lots within the subdivision at the time of recording of
the Final Plat.
6. SALE OF LOTS. No lots within the proposed subdivision
that is the subject of this Agreement shall be conveyed prior to
the recording of the Final Plat.
7. APPROVAL OF FINAL PLAT. The County agrees to approval
of the Final Plat subject to the terms and conditions of this
Agreement, as well as the terms and conditions of the Preliminary
Plan and P.U.D. Zone approval.
8. ENFORCEMENT. In addition to any rights which may be
provided by Colorado statute, it is mutually agreed that the
County or any purchaser of a lot within the Subdivision shall
have the authority to bring an action in the District Court of
Garfield County, Colorado to compel enforcement of this
Agreement. In the event no action is commenced before issuance
of the final certificate of completion of improvements and
acceptance thereof by the County, any purchaser's rights to
commence an action shall thereafter be extinguished.
9. CONSENT TO VACATE PLAT. In the event the Owner fails
to comply with the terms of this Agreement, including the terms
of the Preliminary Plan and P.U.D. Zone approval, the County
shall have the ability to vacate the plat as it pertains to lot
for which no building permits have been issued. Any existing
lots for which building permits have been issued shall not be
vacated and the plat as to those lots shall remain valid. The
Owner shall provide a survey and complete legal description with
a map showing the location of portion of the plat so vacated.
10. BINDING EFFECT. This Agreement shall be a covenant
running with the title to each lot within the Subdivision and the
rights and obligations as contained herein shall be binding upon
and inure to the benefit of the Owner, its successors and
assigns.
11. RECORDING. Upon execution, Owner shall record this
Agreement with the office of the Clerk and Recorder for Garfield
County, Colorado.
12. VENUE AND JURISDICTION. Venue and jurisdiction for any
PAGE 4of 5
cause arising out of or related to this Agreement shall lie in
the District Court for Garfield County and be construed pursuant
to the laws of the State of Colorado.
13. ROADS. Roads within the subdivision shall be dedicated
as public right-of-ways and accepted on behalf of the public by
the County. The approval and acceptance of the roads within the
subdivision by the County shall not obligate the County to
maintain such roads. The Homeowners Association shall bear the
sole responsibility for the maintenance, upkeep, repair,
restoration, snow removal and reconstruction of all roads within
the subdivision.
WESTBANR MESA LIMITED PARTNERSHIP
By: D.V. DEVELOPMENT CO., INC.
a Colorado corporation,
General Partner
By
John Huebinger, President
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By
Clerk to the Board Elmer "Buckey" Arbaney, Chairman
PAGE 5of 5
DELANEY" & BALCOMB, P. C.
ATTORNEYS AT LAW
DRAWER 790
GLENWOOD SPRINGS, COLORADO 81002
ROBERT DELANEY
(OF COUNSEL)
KENNETH BALCOMB
JOHN A. THULSON
EDWARD MULHALL, JR.
ROBERT C. CUTTER
SCOTT BALCOMB
LAWRENCE R. GREEN
ROBERT M. NOONE
TIMOTHY A. THULSON
MARGARET O'DONNELL
LORI J.M. SATTERFIELD
Don DeFord
Garfield County Attorney
109 8th Street, Suite 300
Glenwood Springs, CO 81601
Dear Don:
May 2, 1994
818 COLORADO AVENUE
TELEPHONE 945-6546
TELECOPIER 945-8902
AREA CODE 303
Enclosed is a revised set of documents pertaining to Westbank
Ranch PUD Filing No. 4. Specifically they are Articles of
Incorporation, Bylaws and Declaration of Protective Covenants.
These have been revised to address the concerns expressed by you by
telephone and in your letter of April 22, 1994. I would appreciate
you reviewing the same at your first convenience and advising as to
their acceptability.
The draft of the Subdivision Improvements Agreement which you
forwarded to me under date of April 22, 1994 is acceptable to the
developers.
Please advise what more I can provide to move the approval
process along for the development.
Very truly yours,
DELANEY & BALCOMB, P.C.
By
JAT:sv
Encs.
cc: John Huebinger
Jon A. Thulson
• •
GARFIELD COUNTY
BUILDING AND PLANNING
February 8, 1994
Colorado Department of Health
Water Quality Control Division
Drinking Water Program
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
RE: Westbank Ranch Filing #4
Garfield County has reviewed and approved the Westbank Ranch Filing #4 subdivision plans.
Please be advised that Garfield County does not have a sanitarian and as such does not have
anyone qualified to recommend approval or disapproval of the technical and mechanical
aspects of this system.
If you have any additional questions, feel free to call or write to this office.
Sincerely,
Mark L. Bean, Director
Building and Planning
MLB/sa
109 8TH STREET, SUITE 303 945-8212/625-5571/285-7972 GLENWOOD SPRINGS, COLORADO 81601
C (LeTI F IE T t l f}IL
eectPI
`f 311- 3S 1 —
3? -I LOT22
31'2 LOT 23
33-3 LOT 24
3+9 -Lot 25
37 -CLOT 26
34-(v LOT 27
33'4- LOT 28
3 LOT 29
311 LOT 30
3$0 LOT 31
LEiiEps St g FIQM1 Plfvsi 2d, ries
Roy) c6lrrs DftreyD
ADJACENT PROPERTY, OWNERS
MAP 35 - FILING 1
Ehlen Family Trust
30131 Saddleridge Drive
San Juan Capistrano CA 92675
John & Dolores Huebinger, Jr. '
0235 Oak Lane
Glenwood Springs CO 81601
David & Pamalyn Lax/
PO Box 8374
Aspen CO 81612
Richard & Diane Neville ;
0105 Oak Lane
Glenwood Springs CO 81601
MAP 2 - FILING 1
James & Shirley Brown
PO Box 457
Glenwood Springs CO 81602
Mark & Mary Anne Gould
0041 Oak Lane
Glenwood Springs CO 81601
John & Constance Cooper
0029 Oak Lane
Glenwood Springs CO 81601
Steven James & Marilyn Davis
0831 Westbank Road
Glenwood Springs CO 81601
Michael Shobe
0481 112 Road
Carbondale CO 81623
John & Marisa Bell~ (PROPERTY SOLD TO:
PO Box 506 STANLEY GOLDMAN
Carbondale CO 81623 AT END OF LIST)
ADJACENT OWNERS PAGE 1
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34s( LOT 32 Judith M. Swanson
1228 Cooper Avenue
Glenwood Springs, CO 81601
3S2 LOT 1
383 LOT 2
38t4.- LOT 3
38'S LOT 4
3?"(0 LOT 5
3g7- LOT 6
33C LOT 7
351 LOT 8
310 LOT 9
31I LOT 10
MAP 2 - FILING 2
Thomas & Joyce Ball
0701 Westbank Road
Glenwood Springs CO 81601
Roger Willbanks'
PO Box 5793
Denver CO 80217
J&M Investment CO,
Attn: George McGill
190 Del Mar Shores Terrace, Unit #75
Solana Beach CA 92075
Glenn Bartyn Victor II
0607 Westbank Road
Glenwood Springs CO 81601
Ronald & Mary Lynn Fuller
0575 Westbank Road
Glenwood Springs CO 81601
Bronwyn & Douglas Kelch
0543 Westbank Road
Glenwood Springs CO 81601
Jeffrey & Nancy Carlson
0507 Westbank Road
Glenwood Springs CO 81601
Ralph & Marguerite Jones
6202 Maiden Lane
Bethesda MD 20817
J.E. & Sebrina Hoffmeister
439 Westbank Road
Glenwood Springs CO 81601
Frank & Astrid Brown
0409 Westbank Road
Glenwood Springs CO 81601
ADJACENT OWNERS PAGE 2
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313 LOT 12
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MAP 2 - FILING 2 (cont.)
Dennis & Terrie Drake'
0377 Westbank Road
Glenwood Springs CO 81601
Ronald & Bonnie Radtke
0345 Westbank Road
Glenwood Springs CO 81601
MAP 2 - FILING 3
itlatfr,O F--- 23 -613
ft 04- Drrfr(4)
394' LOT 1 Steven & Barbara Thompson Z3-`13
PO Box 1871
Glenwood Springs CO 81602
315 LOT 2 Edward Gantner (SEE EDWARD & LANA GANTNER `t- 4-q3
2750 Barnard Street AT END OF LIST)
Indianapolis IN 46268
96 LOT 3 Duane & Joyce Allbaugh t2-ETUal2O 2 3--at3
5387 154 Road #85 71 f rra7
Glenwood Springs CO 81601
31? LOT 4 Warren & Ada Wright.7-011F4) 7'-23-613
0203 Westbank Road filar 7j m -v o
Glenwood Springs CO 81601
361 LOT 5 Steven & Betty Randol
PO Box 2018
Glenwood Springs CO 81601
319 LOT 6 Robert & Marie O'Donnell PraVe-NSA 'T' 23-413
0099 Westbank Road '- I( l PTF.O
Glenwood Springs CO 81601
4-00 2395-111-00-064
Bottom Area of Map 2
Deer Park Properties
Attn: Richard Martin
13112 Hwy 82
Carbondale CO 81623
ADJACENT OWNERS PAGE 3
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C��(Ir:r 0 MAILLEU— S Se A F914t4tisr
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MAP 2 - FILING 3 (cont.)
4:D1 2395-034-00-966
Bureau of Land Management
PO Box 1009
Glenwood Springs CO 81602
(x.02. LOT 7
4-03 LOT 8
MAP 1 - FILING 3
Thomas & Clydette Matheny
0086 Westbank Drive
Glenwood Springs CO 81601
Trustee of Lydia P. Morgan
Morgan Trust Dated June 14, 1989
0114 Westbank Road
Glenwood Springs CO 81601
404- 2395-122-00-067
4-05 003
James Rose
PO Box 1240
Glenwood Springs CO 81602
Robert Trout
880 Nile Street
Aurora CO 80010
4-010 2395-01-00-037
Westbank Ranch #1 Ltd.
0235 Oak Lane
Glenwood Springs CO 81601
1,10-t- 2185-344-00-016
William E. Prehn
916 Bennet Avenue
Glenwood Springs CO 81601
4.1(0 LOT 31
(-1-15- LOT 2
REVISIONS TO LIST:
MAP 2 - FILING 1
Stanley Goldman
0763 Westbank Road
Glenwood Springs, CO 81601
MAP 2 - FILING 3
Edward & Lana Gantner"
279 Westbank Road
Glenwood Springs, CO 81601
ADJACENT OWNERS PAGE 4
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MINERAL OWNERS
ETTes Ste- rAPAAI, A /(C3
AND LESSORS OF RECORD
Westbank Ranch #1
0235 Oake Lane
Glenwood Springs, CO 81601
James H. Gambrel
P.O. Box 2422
Glenwood Springs, CO 81602
LH() Harold L. Gambrel
1342 W. Emerald Avenue
Mesa, AZ 85202
4- II Eloise Bryant St. John`/
3855 Apache Court West
Boulder, CO 80303
cl.( 2. John C. Rigney, Jr.
357 South Alvarado Street
Los Angeles, CA 90057
ADJACENT OWNERS PAGE 5
NOT- sF T- 'DUB u (ATE
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JEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
113 9TH STREET, SUITE 214
P.O. BOX 1458
GLENWOOD SPRINGS, COLORADO 81602-1458
PHONE: (303) 945-2550 FAX: (303) 945-1410
Mr. Mark Bean
Garfield County Building & Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
September 8, 1993
P.O. BOX 4808
PAGOSA SPRINGS, COLORADO 81157
PHONE: (303) 731-5743 FAX: (303) 731-4778
Re: Westbank Ranch P.U.D. and Filing #4 Resubdivision Preliminary Plan
Required notices for September 8 Planning & Zoning Commission Hearing and
Required notices for September 13 Board of County Commissioners meeting.
Dear Mark:
As discussed with you earlier, we elected to send the required notices to adjoining property
owners and mineral holders, for both of the above referenced meetings, in one mailing. We
examined the minimum required lead time and the maximum time permitted for each
notification and concluded that there was a "window" of time during which both mailings
could be combined and still comply with the noticing requirements.
Accordingly, we mailed the legal notice for both meetings and the legal description of the
property in one envelope to the required list of people/entities. Based on public comment at
the previous P&Z meeting, we added two names to the list to reflect current owners.
As the attached copy of the post office receipt and the numbered certified mail receipts show,
all mailings were made on August 20, 1993. Also attached is a list of the property owners
and mineral holders and addresses, with the dates that the return receipts or
unclaimed/refused envelopes were received by us.
As of the time of this letter, all but one of the return receipts or envelopes has been received
by us. The missing return receipt bears certified mail receipt no. P317 381 384, and was
addressed to J&M Investment Co., in Solana Beach, California.
Notices of both meetings were also published on Friday, August 20, 1993, in the Glenwood
Post. Certified "Proof of Publication" for each notice is enclosed.
The site was posted with the two yellow public notice flyers supplied by your office, on
Thursday, August 19, 1993, at the approximate location of the proposed entrance road to the
development, facing County Road 109.
Since proof of mailing and publishing is required for both of the meetings, we are submitting
the original certified receipts and the original certified Proof of Publication with this letter, and
will submit copies of the certified receipts and copies of the Proof of Publication at the time
of the second meeting on the 13th of this month.
If you have any questions, please call.
JEROME GAMBA : SSOCIATES, Inc.
T. Carter Page,
enclosures
L:\93119 \mail.wpf/TCP/cp
JEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH
Dedicated to protecting and improving the health and
environment of the people of Colorado
Grand Junction Regional Office
222 S. 6th Street, Rm. 232
Grand Junction, CO 81 501-2 768
FAX: (303) 248-7198
August 17, 1993
Garfield County
Regulatory Offices and Personnel
David Michaelson, Planner
109 8th St, Suite 303
Glenwood Springs, CO 81601
ttr�
it.
(, AUf 1 71993it?
RE: Westbank Ranch Filing #4 PUD Preliminary Plan
Dear David:
We have reviewed the subject plan and have the following comments:
Roy Romer
Governor
Patricia A. Nolan, MD, MPH
Executive Director
Subdivision lot owners will experience problems finding suitable soils and
locations to site Individual Sewage Disposal Systems. The steep slopes
and potentially fast percolation rates will make long term operation of
ISDS on these lots marginal.
We have been contacted by lot owners in Westbank Filings 1 through 3 who
have expressed their concerns regarding multiple ISDS in a relatively high
density, potentially impacting their drinking water wells.
We have similar concerns. Since Westbank Filing #4 is just outside of the
Glenwood Springs 201 Planning Area, we cannot require connection to the
City of Glenwood Springs. However, we highly recommend that central
sewage collection be considered to protect the downstream and downslope
drinking water supplies from further degradation.
We apologize for any delays that may have occurred in not getting our comments
in within the mandated 21 day period. Limited resources and budgets have not
kept up with mandated time periods. Thank -you for the opportunity to comment.
If you have any questions, please contact me at 248-7150.
Sine
kive-00-1/4
Dwain P. Watson
West Slope District Technician
Water Quality Control Division
DPW/sp
CC: Field Services
File
0 0
Printed on Recycled Paper
04/18/94 10:04. , $`3039451416
Q002
S1ATE OF COLOFADO
COLORADO DEPARTMENT OF HEALTH
Dedicated to protecting and improving the health and
environment of the people of Colorado
4300 Cherry Creek Dr. S. Laboratory Building
Denver, Colorado 50222.1530 4210 E. lith Avenue
Phone (303) 692-2000 Denver, Colorado 80220.3716
(303) 691-4700
March 8, 1994
John Huebinger
Westbank Ranch Filing #4
1620 Grand Avenue
Glenwood Springs, CO 81601
RE: Potable Water Treatment Plant Upgrades
PWSID 123838, Garfield County
Dear Mr. Huebinger:
Roy Romer
Governor
Palrida A. Nolan, MD, MPH
FAMhprepirWor
The Division has reviewed the plans and specifications for the
potable water system improvements to serve the Westbank Ranch
Filing #4. No variances from the State .-si.n Criteria were noted
in the review process. However, due to the shallow groundwater
eve , a micro•io ogical particulate analysis will be required
prior to final approval by the Division.
Review of this project is based only on engineering design to
provide safe potable water, as required by the Colorado Primary
Drinking Water Regulations
If you have any questions please call.
Sincerely,
C
Greg Akins
Drinking Water Program
Water Quality Control Division
cc: File
Heather Holmes, CDH -Drinking Water
Dwain Watso R CDH -Field Support
Jerome F. Gambia
JEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
113 9TH STREET. SUITE 214
P.O. BOX 1458
GLENWOOD SPRINGS, COLORADO 81602-1458
PHONE: (303) 945-2550 FAX: (303) 945-1410
Board of County Commissioners
County of Garfield
Glenwood Springs, Colorado
P.O. BOX 4808
PAGOSA SPRINGS, COLORADO 81157
PHONE: (303) 731-5743 FAX: (303) 731-4778
Re: Westbank Ranch P.U.D. Filing No.4 Resubdivision
Dear Commissioners:
This is to certify that I am a registered engineer and land surveyor in the State of Colorado
and that all of the engineering and surveying work for the Westbank Ranch P.U.D Filing
No.4 Resubdivision has been accomplished by me and or under my direction. In the course
of this work, we have observed the construction of the improvements on this development
and hereby certify that they have been accomplished in accordance with our plans and
specifications, and all of the required improvements have been accomplished with the
exception of the following:
WORK TO BE COMPLETED
WORK ITEM COST
Chip and seal pavement on roads $64,250.00
Land scaping 10,409.00
Tank painting 10,000.00
Final cleanup and miscellaneous 10,000.00
TOTAL WORK TO BE COMPLETED $94,654 00
Respectfully,
Jerome F. Gamba
P.E. & L.S. 5933