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HomeMy WebLinkAbout1.0 Applicationf • • BEFORE THE BOARD OF COUNTY COMMISSIONER GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION GARFIIIRD OOLINTY Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, the undersigned Sonia L . Simon respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of a 40 acre tract of land into 4 tracts of approximately 3 (3 3. 2 3 a c . g 1 La 30,31 acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30- 28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: To develop thnee buJld-inq SUBMITTAL REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U. S. G. S. quadrangle map may be used; and C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of minerals owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and OtT.,:j0/b • U.S. DEPARTMENT Of AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CHEMICAL PROPERTIES OF THE SOILS Endnote -- CHEMICAL PROPERTIES OF THE SOILS PAGE 2 OF 2 09/1/98 This report shows estimates of some characteristics and features that affect soil behavior. These estimates are given for the major layers of each soil in the survey area. The estimates are based on field observations and on test data for these and similar soils. CLAY as a soil separate consists of mineral soil particles that are less than 0.002 millimeter in diameter. In this report, the estimated clay content of each major soil layer is given as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The amount and kind of clay greatly affect the fertility and physical condition of the soil. They determine the ability of the soil to adsorb cations and to retain moisture. They influence shrink -swell potential, permeability, and plasticity, the ease of soil dispersion, and other soil properties. The amount and kind of clay in a soil also affect tillage and earthmoving operations. CATION EXCHANGE CAPACITY (CEC) is the total amount of cations held in a soil in such a way that they can be removed only by exchanging with another cation in the natural soil solution. CEC is a measure of the ability of a soil to retain cations, some of which are plant nutrients. Soils with low CEC hold few cations and may require more frequent applications of fertilizers than soils with high CEC. Soils with high CEC have the potential to retain cations, thus reducing the possibility of pollution of ground water. SOIL REACTION is a measure of acidity or alkalinity and is expressed as a range in pH values. The range in pH of each major horizon is based on many field tests. For many soils, values have been verified by laboratory analyses. Soil reaction is important in selecting crops and other plants, in evaluating soil amendments for fertility and stabilization, and in determining the risk of corrosion. CALCIUM CARBONATE is the percentage by weight of calcium carbonate it the fine -earth 'material, less than 2 millimeters in size. GYPSUM is the percentage by weight of hydrated calcium sulfates 20 millimeters or smaller in size, in the soil. SALINITY is a measure of soluble salts in the soil at saturation. It is expressed as the electrical conductivity of the saturation extract, in millimhos per centimeter at 25 degrees C. Estimates are based on field and laboratory measurements at representative sites of nonirrigated soils. The salinity of irrigated soils is affected by the quality of the irrigation water and by the frequency of water application. Hence, the salinity of soils in individual fields can differ greatly from the value given in the report. Salinity affects the suitability of a soil for crop production, the stability of soil if used as construction material, and the potential of the soil to corrode metal and concrete. SODIUM ADSORPTION RATIO (SAR) expresses the relative activity of sodium ions in exchange reactions in the soil. SAR is a measure of the amount of sodium relative to calcium and magnesium in the water extract from saturated soil paste. • 1 • . U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • • PHYSICAL PROPERTIES OF SOILS ndnote -- PHYSICAL PROPERTIES OF SOILS --Continued PAGE 3 OF 4 09/1/98 iRGANIC MATTER is the plant and animal residue in the soil at various stages of decomposition. In report 3, he estimated content of organic matter is expressed as a percentage, by weight, of the soil material that is ess than 2 millimeters in diameter. The content of organic matter in a soil can he maintained or increased by eturning crop residue to the soil. Organic matter affects the available water capacity, infiltration rate, and ilth. It is a source of nitrogen and other nutrients for crops. ROSION FACTOR K indicates the susceptibility of the whole soil (including rocks and rock fragments) to heet and rill erosion by water. Factor K is one of six factors used in the Universal Soil Loss Equation (USLE) o predict the average annual rate of soil loss by sheet and rill erosion in tons per acre per year. The stimates are based primarily on percentage of silt, sand, and organic matter (up to 4 percent) and on soil tructure and permeability. Values of K range from 0.05 to 0.69. The higher the value, the more susceptible he soil is to sheet and rill erosion by water. ROSION FACTOR Kf is like EROSION FACTOR K but it is for the fine -earth fraction of the soil. Rocks and ock fragments are not considered. ROSION FACTOR T is an estimate of the maximum average annual rate of soil erosion by wind or water that can ccur without affecting crop productivity over a sustained period. The rate is in tons per acre per year. IND ERODIBILITY GROUPS are made up of soils that have similar properties affecting their resistance to wind rosion in cultivated areas. The groups indicate the susceptibility of soil to wind erosion. Soils are grouped ccording to the following distinctions: 1. Coarse sands, sands, fine sands, and very fine sands. These soils are generally not suitable for crops. They are extremely erodible, and vegetation is difficult to establish. 2. Loamy coarse sands, loamy sands, loamy fine sands, loamy very fine sands, and sapric soil material. These soils are very highly erodible. Crops can he grown if intensive measures to control wind erosion are used. 3. Coarse sandy loams, sandy loams, fine sandy loams, and very fine sandy loams. These soils are highly erodible. Crops can be grown if intensive measures to control wind erosion are used. 4L. Calcareous loans, silt loams, clay loans, and silty clay loams. These .soils are erodible. Crops can be grown if intensive measures to control wind erosion are used. 4. Clays, silty clays, noncalcareous clay loams, and silty clay loams that are more than 35 percent clay. These soils are moderately erodible. Crops can be grown if measures to control wind erosion are used. w { U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • • PHYSICAL PROPERTIES OF SOILS Endnote -- PHYSICAL PROPERTIES OF SOILS --Continued 5. Noncalcareous loams and silt loams that are less than 20 percent clay and sandy clay loams, sandy clays, and hemic soil material. These soils are slightly erodible. Crops can be grown if measures to control wind erosion are used. 6. Noncalcareous loams and silt loams that are more than 20 percent clay and noncalcareous clay loams that are less than 35 percent clay. These soils are very slightly erodible. Crops can be grown if ordinary measures to control wind erosion are used. 7. Silts, noncalcareous silty clay loams that are less than 35 percent clay, and fibric soil material. These soils are very slightly erodible. Crops can be grown if ordinary measures to control wind erosion are used. 8. Soils that are not subject to wind erosion because of coarse fragments on the surface or because of surface wetness. PAGE 4 OF 4 09/1/98 fhe WIND ERODIBILITY INDEX is used in the wind erosion equation (WE0). The index number indicates the amount of soil lost in tons per acre per year. The range of wind erodibility index numbers is 0 to 300. 1 • .S. DEPARTMENT OF AGRICULTURE ATURAL RESOURCES CONSERVATION SERVICE ndnote -- RANGELAND PRODUCTIVITY AND CHRACTERISTIC PLANT COMMUNITIES PAGE 2 OF 2 09/1/98 n areas that have similar climate and topography, differences in the kind and amount of vegetation produced on angeland are closely related to the kind of soil. Effective management is based on the relationship between he soils and vegetation and water. This report shows, for each soil, the range site; the total annual roduction of vegetation in favorable, normal, and unfavorable years; the characteristic vegetation; and the verage percentage of each species. Only those soils that are used as rangeland or are suited to use as angeland are listed. An explanation of the column headings in this report follows. ANGE SITE is a distinctive kind of rangeland that produces a characteristic natural plant community that iffers from natural plant communities on other range sites in kind, amount and proportion of range plants. he relationship betweeen soils and vegetation was ascertained during this survey; thus, range sites generally an be determined directly from the soil map. Soil properties that affect moisture supply and plant nutrients ave the greatest influence on the productivity of range plants. Soil reaction, salt content, and a seasonal igh water table are also important. OTAL PRODUCTION is the amount of vegetation that can be expected to grow annually on well managed rangeland hat is supporting the potential natural plant community. It includes all vegetation, whether or not it is alatable to grazing animals. It includes the current year's growth of leaves, twigs, and fruits of woody lants. It does not include the increase in stem diameter of trees and shrubs. t is expressed in pounds per acre of air-dry vegetation for favorable, normal, and unfavorable years. In a vorable year, the amount and distribution of precipitation and the temperatures make growing conditions bstantially better than average. In a normal year, growing conditions are about average. In an unfavorable ar, growing conditions are well below average, generally because of low available soil moisture. Dry weight s the total annual yield per acre of air-dry vegetation. Yields are adjusted to a common percent of air-dry oisture content. The relationship of green weight to air-dry weight varies according to such factors as xposure, amount of shade, recent rains, and unseasonable dry periods. HARACTERISTIC VEGETATION The grasses, forbs, and shrubs that make up most of the potential natural plant ommunity on each soil is listed by common name. nder COMPOSITION the expected percentage of the total annual production is given for each species making up he characteristic vegetation. The amount that can be used as forage depends on the kinds of grazing animals nd on the grazing season. ange management requires a knowledge of the kinds of soil and of the potential natural plant community. It Iso requires an evaluation of the present range condition, Range condition is determined by comparing the resent plant community with the potential natural plant community on a particular range .site, The more losely the existing community resembles the potential comsunity, the better the range condition. Range ondition is an ecological rating only. The objective in range management is to control grazing so that the lants growing on a site are about the same in kind and amount as the potential natural plant community for )at site. Such management generally results in the optimum production of vegetation, control of undesirable rush species, conservation of water, and control of erosion. Sometimes, however, a range condition somewhat °low the potential meets grazing needs, provides wildlife habitat, and protects soil and water resources. • J.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • • WILDLIFE HABITAT Hicks David PAGE 1 OF 3 09/1/98 Map symbol and soil name Potential for habitat elements Potential as habitat for -- Grain ; ; Wild and ;Grasses; herba- seed ! and ; ceous crops ;legumes; plants; Open- Hard- Conif-;Shrubs; Wet land;Shallow land wood erous; ;plants ; water wild - trees ; plants; ; areas life Wood- ; ; Range- land ;Wetland; land wild- ; wild- ; wild- life ; life life , , , , , , , , , , , , I , , , 1. , , ,I I, , , , , Kim ;FAIR ;FAIR ;FAIR ;FAIR ;POOR ;VERY FAIR --- ;VERY ;FAIR POOR i i POOR I , 1 1 , , , I , 9: , 1 , , Olney ;POOR ;FAIR ;FAIR ;FAIR ;POOR ;VERY ;FAIR --- ;VERY ;FAIR POOR POOR I , , , , I , I 0: I I I I I I I I I I I, Olney ;POOR ;FAIR ;FAIR ;FAIR ;POOR ;VERY ;FAIR ;VERY ;FAIR ; ; POOR ; POOR ,, , I , 1 , , , I 1 , 1 , t , 1 I 5: , Potts ;POOR ;POOR ;FAIR ;FAIR ;VERY ;VERY POOR ;VERY ;FAIR POOR ; POOR ; POOR , , , I , 1 1 I 1 1 I I • • .S. DEPARTMENT OF AGRICULTURE ATURAL RESOURCES CONSERVATION SERVICE WILDLIFE HABITAT ndnote -- WILDLIFE HABITAT PAGE 2 OF 3 09/1/98 oils affect the kind and amount of vegetation that is available to wildlife as food and cover. They also affect he construction of water impoundments. The kind and abundance of wildlife depend largely on the amount and istribution of food, cover, and water. Wildlife habitat can be created or improved by planting appropriate egetation, by maintaining the existing plant cover, or by promoting the natural establishment of desirable plants. n this report the soils are rated according to their potential for providing habitat for various kinds of ildlife. This information can be used in planning parks, wildlife refuges, nature study areas, and other developments or wildlife; in selecting soils that are suitable for establishing, improving, or maintaining specific elements of ildlife habitat; and in determining the intensity of management needed for each element of the habitat. The otential of the soil is rated 'Good,' 'Fair,' 'Poor,' or 'Very poor.' A rating of 'Good' indicates that the element r kind of habitat is easily established, improved, or maintained. Few or no limitations affect management, and atisfactory results can be expected. A rating of 'Fair' indicates that the element or kind of habitat can be stablished, improved, or maintained in most places. Moderately intensive management is required for satisfactory esults. A rating of 'Poor' indicates that limitations are severe for the designated element or kind of habitat. abitat can be created, improved, or maintained in most places, but management is difficult and must be intensive. rating of 'Very poor' indicates that restrictions for the element or kind of habitat are very severe and that nsatisfactory results can be expected. Creating, improving, or maintaining habitat is impractical or mpossible. The elements of wildlife habitat are described in the following paragraphs. RAIN AND SEED CROPS are domestic grains and seed -producing herbaceous plants. Soil properties and features that affect he growth of grain and seed crops are depth of the root zone, texture of the surface layer, available water apacity, wetness, slope, surface stoniness, and flood hazard. Soil temperature and soil moisture are also onsiderations. Examples of grain and seed crops are corn, wheat, oats, and barley. RASSES AND LEGUMES are domestic perennial grasses and herbaceous legumes. Soil properties and features that ffect the growth of grasses and legumes are depth of the root zone, texture of the surface layer, available water apacity, wetness, surface stoniness, flood hazard, and slope. Soil temperature and soil moisture are also onsiderations. Examples of grasses and legumes are fescue, lovegrass, bromegrass, clover, and alfalfa. ILD HERBACEOUS PLANTS are native or naturally established grasses and forbs, including weeds. Soil properties and eatures that affect the growth of these plants are depth of the root zone, texture of the surface layer, available water apacity, wetness, surface stoniness, and flood hazard. Soil temperature and soil moisture are also considerations. xamples of wild herbaceous plants are bluestem, goldenrod, beggarweed, wheatgrass, and grana. ARDWOOD TREES and woody understory produce nuts or other fruit, buds, catkins, twigs, bark, and foliage. Soil roperties and features that affect the growth of hardwood trees and shrubs are depth of the root zone, available water apacity, and wetness. Examples of these plants are oak, poplar, cherry, sweetgum, apple, hawthorn, dogwood, hickory, lackberry, and blueberry. Examples of fruit -producing shrubs that are suitable for planting on soils rated re Russian -olive, autumn -olive, and crabapple. ONIFEROUS PLANTS furnish browse and seeds. Soil properties and features that affect the growth of coniferous trees, hrubs, and ground cover are depth of the root zone, available water capacity, and wetness. Examples of oniferous plants are pine, spruce, fir, cedar, and juniper. HRUBS are bushy woody plants that produce fruit, buds, twigs, bark, and foliage. Soil properties and features that ffect the growth of shrubs are depth of the root zone, available water capacity, salinity, and soil moisture. 'xamples of shrubs are mountainmahogany, bitterbrush, snowberry, and big sagebrush. • • .S, DEPARTMENT OF AGRICULTURE ATURAL RESOURCES CONSERVATION SERVICE WILDLIFE HABITAT ndnote -- WILDLIFE HABITAT --Continued PAGE 3 OF 3 09/1/98 ETLAND PLANTS are annual and perennial wild herbaceous plants that grow on moist or wet sites. Submerged or loating aquatic plants are excluded. Soil properties and features affecting wetland plants are texture of the surface ayer, wetness, reaction, salinity, slope, and surface stoniness, Examples of wetland plants are smartweed, wild illet, wildrice, saltgrass, cordgrass, rushes, sedges, and reeds. HALLOW WATER AREAS have an average depth of less than 5 feet, Some are naturally wet areas. Others are created by ams, levees, or other water -control structures. Soil properties and features affecting shallow water areas are epth to bedrock, wetness, surface stoniness, slope, and permeability. Examples of shallow water areas are marshes, aterfowl feeding areas, and ponds. The habitat for various kinds of wildlife is described in the following paragraphs. ABITAT FOR OPENLAND WILDLIFE consists of cropland, pasture, meadows, and areas that are overgrown with grasses, herbs, hrubs, and vines. These areas produce grain and seed crops, grasses and legumes, and wild herbaceous plants. ildlife attracted to these areas include bobwhite quail, pheasant, meadowlark, field sparrow, cottontail, and red ox. ABITAT FOR WOODLAND WILDLIFE consists of areas of deciduous plants or coniferous plants or both and associated grasses, egumes, and wild herbaceous plants. Wildlife attracted to these areas include wild turkey, ruffed grouse, woodcock, hrushes, woodpeckers, squirrels, gray fox, raccoon, deer, and bear. ABITAT FOR WETLAND WILDLIFE consists of open, marshy or swampy shallow water areas. Some of the wildlife attracted o such areas are ducks, geese, herons, shore birds, muskrat, mink, and beaver. ABITAT FOR RANGELAND WILDLIFE consists of areas of shrubs and wild herbaceous plants. Wildlife attracted to rangeland nclude antelope, deer, sage grouse, meadowlark, and lark bunting, • • .S. DEPARTMENT OF AGRICULTURE ATURAL RESOURCES CONSERVATION SERVICE CHEMICAL PROPERTIES OF THE SOILS Hicks David PAGE 1 OF 2 09/1/98 Map symbol Depth Clay : Cation- : Soil : Calcium : Gypsum ;Salinity; Sodium and soil name ;exchange :reaction :carbonate; ;adsorption :capacity : ; ratio In Pct :meq/100g : pH Pct Pct ;mmhos/cm: 1 im lney lney otts 0-17 ; 15-25: 5.0-15.01 7.4-8.4 ; 5-15 17-60 : 15-25: 5.0-15.0: 7.9-8.4 : 5-15 1 1 1 0-12 : 18-24110.0-20.01 6.6-7.8 : --- 12-33 : 22-26:10.0-20.0: 7.4-8.4 ; 1-10 33-43 : 18-22: 5.0-15.01 7.9-8.4 : 10-15 43-60 : 16-221 5.0-15.01 7.9-8.4 : 10-15 1 1 1 1 0-12 : 18-24:10.0-20.0: 6.6-7.8 : --- 12-33 : 22-26:10.0-20.0: 7.4-8.4 : 1-10 33-43 : 18-22: 5.0-15.01 7.9-8.4 ; 10-15 43-60 : 16-22: 5.0-15.0: 7.9-8.4 : 10-15 1 : 0-4 : 10-20: 5.0-15.0: 7.4-7.8 ; 0-2 4-28 : 27-34110.0-20.0: 7.4-7.8 : 0-5 28-60 : 15-25: 5.0-15.01 7.9-9.0 : 5-15 0-2 0-2 0-2 0-2 0-2 U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • • CONSTRUCTION MATERIALS Hicks David PAGE 1 OF 3 09/1/98 (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol and soil name Roadfill Sand Gravel Topsoil 41: ' Kim ;Good ;Improbable: ;Improbable: ;Fair: excess fines ; excess fines ; slope 49: Olney ;Good ;Improbable: :Improbable: ;Poor: excess fines ; excess fines ; area reclaim 50: ' Olney ;Good ;Improbable: ;Improbable: :Poor: excess fines ; excess fines ; area reclaim 55: ' Potts ;Good ;Improbable: ;Improbable: ;Fair: excess fines ; excess fines ; too clayey • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CONSTRUCTION MATERIALS Endnote -- CONSTRUCTION MATERIALS PAGE 2 OF 3 09/1/98 This report gives information about the soils as a source of roadfill, sand, gravel, and topsoil. The soils are rated 'Good', 'Fair', or 'Poor' as a source of roadfill and topsoil. They are rated as a 'Probable' or 'Improbable' source of sand and gravel. The ratings are based on soil properties and site features that affect the removal of the soil and its use as construction material. Normal compaction, minor processing, and other standard construction practices are assumed. Each soil is evaluated to a depth of 5 or 6 feet. Roadfill is soil material that is excavated in one place and used in road embankments in another place. In this report, the soils are rated as a source of roadfill for low embankments, generally less than 6 feet high and less exacting in design than higher embankments. The ratings are for the soil material below the surface layer to a epth of 5 or 6 feet. It is assumed that soil layers will be mixed during excavating and spreading. Many soils have layers of contrasting suitability within their profile. The report entitled Engineering Index Properties is also available nd it provides detailed information about each soil layer. This information can help determine the suitability of each layer for use as roadfill. The performance of soil after it is stabilized with lime or cement is not considered in he ratings. he ratings are based on soil properties, site features, and observed performance of the soils. The thickness of uitable material is a major consideration. The ease of excavation is affected by large stones, a high water table, nd slope. How well the soil performs in place after it has been compacted and drained is determined by its strength (as inferred from the engineering classification of the soil) and shrink -swell potential. oils rated 'Good' contain significant amounts of sand or gravel or both. They have at least 5 feet of suitable aterial, a low shrink -swell potential, few cobbles and stones, and slopes of 15 percent or less. Depth to the ater table is more than 3 feet oils rated 'Fair' have more than 35 percent silt- and clay -sized particles and have a plasticity of less than 10. hey have a moderate shrink -swell potential, slopes of 15 to 25 percent, or many stones. Depth to the water table is 1 o 3 feet. oils rated 'Poor' have a plasticity index of more than 10, a high shrink -swell potential, many stones, or slopes of ore than 25 percent. They are wet, and the depth to the water table is less than 1 foot. These soils may have ayers of suitable material, but the material is less than 3 feet thick. and and gravel are natural aggregates suitable for commercial use with a minimum of processing. Sand and ravel are used in many kinds of construction. Specifications for each use vary widely. In this report only he probability of finding material in suitable quantity is evaluated. The suitability of the material for specific urposes is not evaluated, nor are factors that affect excavation of the material. The properties used to evaluate he soil as a source of sand or gravel are gradation of grain sizes (as indicated by the engineering classification f the soil), the thickness of suitable material, and the content of rock fragments. Kinds of rock, acidity, and tratification are given in the soil series descriptions. Gradation of grain sizes is given in the Engineering Index roperties report. Ib soil rated as a 'Probable' source has a layer of clean sand and gravel or a layer of sand or gravel that contains 'p to 12 percent silty fines. This material must be at least 3 feet thick and less than 50 percent, by weight, large ;tones. All other soils bre rated as an 'Improbable' sours', Coarse fragments of soft bedrock, such as shale and >iltstone, are not considered to be sand and gravel. • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CONSTRUCTION MATERIALS Endnote -- CONSTRUCTION MATERIALS --Continued PAGE 3 OF 3 09/1/98 Topsoil is used to cover an area so that vegetation can be established and maintained. The upper 40 inches of a soil is evaluated for use as topsoil. Also evaluated is the reclamation potential of the borrow area. Plant growth is affected by toxic material and by such properties as soil reaction, available water capacity, and fertility. The ease of excavating, loading, and spreading is affected by rock fragments, slope, a water table, soil texture, and thickness of suitable material. Reclamation of the borrow area is affected by slope, a water table, rock fragments, bedrock, and toxic material. Soils rate 'Good' have friable loamy material to a depth of at least 40 inches. They are free of stones and cobbles, have little or no gravel, and have slopes of less than 8 percent. They are low in content of soluble salts, are naturally fertile or respond well to fertilizer, and are not so wet that excavation is difficult. Soils rated 'Fair' are sandy soils, loamy soils that have a relatively high content of clay, soils that have only 20 to 40 inches of suitable material, soils that have an appreciable amount of gravel, stones, or soluble salts, or soils that have slopes of 8 to 15 percent. The soils are not so wet that excavation is difficult. Soils rate 'Poor' are very sandy or clayey, have less than 20 inches of suitable material, have a large amount of gravel, stones, or soluble salts, have slopes of more than 15 percent, or have a seasonal water table at or near the surface. The surface layer of most soils is generally preferred for topsoil because of it organic matter content. Organic matter greatly increases the absorption and retention of moisture and nutrients for plant growth. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • • CLASSIFICATION OF THE SOILS Hicks David PAGE 1 OF 1 09/1/98 (The classification report does not include recent amendments to soil taxonomy for cation exchange activity, particle size modifier, and dual mineralogy for strongly contrasting classes. For more detailed information contact your local USDA Natural Resources Conservation Service field office or state office. Soil name Family or higher taxonomic class Kim ;USTIC TORRIORTHENTS, FINE -LOAMY, MIXED (CALCAREOUS), MESIC Olney ;USTOLLIC HAPLARGIDS, FINE -LOAMY, MIXFD, MESIC Potts ;USTOLLIC HAPLARGIDS, FINE -LOAMY, MIXED, MESIC • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE RANGELAND PRODUCTIVITY AND CHARACTERISTIC PLANT COMMUNITIES Hicks David PAGE 1 OF 2 09/1/98 (Only the soils that support rangeland vegetation suitable for grazing are listed. Ppt means precipitation) Total production ; ' Map symbol ; Range site ; ; Characteristic vegetation ;Compo - and soil name ; ;Kind of year ; Dry ; ;sition ; ;weight II I 1 Lb/acre; ; Pct 1 1 , 41: 1 Kim ;ROLLING LOAM ;Favorable ; 1,000 ;Bluebunch wheatgrass 15 ;Normal 800 ;Indian ricegrass 15 ;Unfavorable ; 500 ;Basin big sagebrush 10 Muttongrass ; 10 ;Prairie junegrass ; 10 ;Western wheatgrass ; 10 ;Needleandthread 5 1 ; ; ;Small douglas rabbitbrush ; 5 49: Olney ;ROLLING LOAM ;Favorable ; 1,000 ;Western wheatgrass ; 20 ;Normal ; 800 ;Bluebunch wheatgrass 15 ;Unfavorable ; 500 ;Basin big sagebrush 15 ;Needleandthread ; 10 'Indian ricegrass ; 10 ;Rabbitbrush ; 5 1 1 I I I I 50: ' I I 1 I Olney ;ROLLING LOAM ;Favorable ; 1,000 ;Western wheatgrass 20 ;Normal ; 800 ;Bluebunch wheatgrass 15 ;Unfavorable ; 500 ;Basin big sagebrush 15 ;Needleandthread 10 ;Indian ricegrass 10 ;Rabbitbrush 5 I I I 55: ' 1 1 1 1 1 Potts ;ROLLING LOAM ;Favorable 1,000 ;Western wheatgrass ; 25 ;Normal 800 ;Needleandthre?d ; 15 ;Unfavorable ; 500 ;Basin big sagebrush ; 10 ;Indian ricegrass ; 10 ;Bluebunch wheatgrass ; 10 ;Low rabbitbrush ; 5 Bo(tll,Grush :' i1rrclldil- 5 • • U.S. DEPARTMENT OF AGRICULTURE ATURAL RESOURCES CONSERVATION SERVICE SANITARY FACILITIES ndnote -- SANITARY FACILITIES --Continued PAGE 3 OF 3 09/1/98 •n soil properties, site features, and observed performance of the soils. Permeability, depth to bedrock or to a emented pan, a high water table, slope, and flooding affect both types of landfill. Texture, stones and boulders, ighly organic layers, soil reaction, and content of salts and sodium affect trench type landfills. Unless otherwise tated, the ratings apply only to that part of the soil within a depth of about b feet. For deeper trenches, a imitation rate 'Slight' or 'Moderate' may not be valid. Onsite investigation is needed. AILY COVER FOR LANDFILL is the soil material that is used to cover compacted solid waste in an area type sanitary andfill. The soil material is obtained offsite, transported to the landfill, and spread over the waste. oil texture, wetness, coarse fragments, and slope affect the ease of removing and spreading the material during wet nd dry periods. Loamy or silty soils that are free of large stones or excess gravel are the best cover for a andfill. Clayey soils may be sticky or cloddy and are difficult to spread; sandy soils are subject to soil lowing. After soil material has been removed, the soil material remaining in the borrow area must be thick enough ver bedrock, a cemented pan, or the water table to permit revegetation. The soil material used as final cover for a andfill should be suitable for plants. The surface layer generally has the best workability, more organic matter than he rest of the profile, and the best potential for plants. Material from the surface layer should be stockpiled for use s the final cover. .5, DEPARTMENT OF AGRICULTURE ATURAL RESOURCES CONSERVATION SERVICE 1 • BUILDING SITE DEVELOPMENT Hicks David PAGE 1 OF 2 09/1/98 The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) II 1 1 1 1 1 1 I I I 1 Map symbol 1 Shallow ; Dwellings ; Dwellings ; Small ; Local roads ; Lawns and and soil name ; excavations ; without with ; commercial ; and streets ; landscaping basements ; basements ; buildings I 1 1 I I I I I I 1, 1 I 1 I l: 1 1 I1 1 I 1 Kim ;Moderate: ;Moderate: ;Moderate: :Severe: ;Moderate: ;Moderate: slope ; slope ; slope ; slope ; slope ; slope 11 I I 1 , 1 1 9. 1 1 1 1I Olney ;Slight ;Slight ;Slight ;Slight ;Slight ;Slight 11 1 1 , 1 , 1 3: 1 1 I 1 1 1I Olney ;Slight ;Slight ;Slight ;Moderate: :Slight ;Slight slope 11 1 , 1 I 1 1 1 1 1 I 5: 1 I1 1 I 11 1 1 1 Potts ;Slight ;Moderate: :Slight ;Moderate: :Severe: ;Slight shrink -swell ; ; shrink -swell, ; low strength slope 1 1 1 • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE BUILDING SITE DEVELOPMENT Endnote -- BUILDING SITE DEVELOPMENT PAGE 2 OF 2 09/1/98 This report shows the degree and kind of soil limitations that affect shallow excavations, dwellings with and without basements, small commercial buildings, local roads and streets, and lawns and landscaping. The limitations are 'Slight', 'Moderate', or 'Severe'. The limitations are considered 'Slight' if soil properties and site features are generally favorable for the indicated use and limitaions are minor and easily overcome; 'Moderate' if soil properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the limitations; and 'Severe' if soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. Special feasibility studies may he required where the soil limitations are severe. SHALLOW EXCAVATIONS are trenches or holes dug to a maximum depth of 5 or 6 feet for basements, graves, utility lines, open ditches, and other purposes. The ratings are based on soil properties, site features, and observed performance of the soils. The ease of digging, filling, and compacting is affected by the depth to bedrock, a cemented pan, or a very firm dense layer; stone content; soil texture; and slope. The time of the year that excavations can be made is affected by the depth to a seasonal high water table and the susceptibility of the soil to flooding. The resistance of the excavation walls or bands to sloughing or caving is affected by soil texture and the depth to the water table. DWELLINGS AND SMALL COMMERCIAL BUILDINGS are structures built on shallow foundations on undisturbed soil. The load limit is the same as that for single-family dwellings no higher than three stories. Ratings are made for small commercial buildings without basements, for dwellings with basements, and for dwellings without basements. The ratings are based on soil properties, site features, and observed performance of the soils. A high water table, depth to bedrock or to a cemented pan, large stones, slope, and flooding affect the ease of excavation and construction. Landscaping and grading that require cuts and fills of more than 5 or 6 feet are not considered. LOCAL ROADS AND STREETS have an all-weather surface and carry automobile and light truck traffic all year. They have a subgrade of cut or fill soil material, a base of gravel, crushed rock, or stabilized soil material, and a flexible or rigid surface. Cuts and fills are generally properties, site features, and observed performance of the soils. Depth to bedrock or to a cemented pan, a high water table, flooding, large stones, and slope affect the ease of excavating and grading. Soil strength (as inferred from the engineering classification of the soil), shrink -swell potential, frost action potential, and depth to a high water table affect the traffic -supporting capacity. LAWNS AND LANDSCAPING require soils on which turf and ornamental trees and shrubs can be established and maintained. The ratings are based on soil properties, site features, and observed performance of the soils. Soil reaction, a high water table, depth to bedrock or to a cemented pan, the available water capacity in the upper 40 inches, and the content of salts, sodium, and sulfidic materials affect plant growth. Flooding, wetness, slope, stoniness, and the amount of sand, clay, or organic matter in the surface layer affect trafficability after vegetation is established. • • .S. DEPARTMENT OF AGRICULTURE ATURAL RESOURCES CONSERVATION SERVICE WATER FEATURES ndnote -- WATER FEATURES --Continued PAGE 3 OF 3 09/1/98 nformation on the extent of flooding based on soil data is less specific than that provided by detailed engineering urveys that delineate flood -prone areas at specific flood frequency levels. igh water table (seasonal) is the highest level of a saturated zone in the soil in most years. The depth to a easonal high water table applies to undrained soils. The estimates are based mainly on the evidence of a saturated one, namely grayish colors or mottles in the soil. Indicated in this report are the depth to the seasonal high ater table; the kind of water table, that is, 'Apparent', 'Artesian', or 'Perched"; and the months of the year that he water table commonly is high. A water table that is seasonally high for less than 1 month is not indicated in his report. n 'Apparent' water table is a thick zone of free water in the soil. It is indicated by the level at which water tands in an uncased borehole after adequate time is allowed for adjustment in the surrounding soil. n 'Artesian' water table exists under a hydrostatic beneath an impermeable layer. When the impermeable layer has been enetrated by a cased borehole, the water rises. The final level of the water in the cased borehole is characterized as n artesian water table. 'Perched' water table is water standing above an unsaturated zone. In places an upper, or 'Perched', water ble is separated from a lower one by a dry zone. Only saturated zones within a depth of about 6 feet are dicated. .nding is standing water in a closed depression. The water is removed only by deep percolation, transpiration, aporation, or a combination of these processes. is report gives the depth and duration of ponding and the time of year when ponding is most likely. Depth, duration, d probable dates of occurrence are estimated. pth is expressed as the depth of ponded water in feet above the soil surface. Duration is expressed as 'Very ief' if less than 2 days, 'Brief' if 2 to 7 days, 'Long' if 7 to 30 days, and 'Very long' if more than 30 days. The formation is based on the relation of each soil on the landscape to historic ponding and on local information about e extent and levels of ponding. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • • SOIL FEATURES Hicks David PAGE 1 OF 2 09/1/98 Bedrock ; Cemented pan ; Subsidence ; ; Risk of corrosion Potential Map symbol ;frost action; Uncoated and soil name ; Depth ;Hardness; Depth ; Kind ;Initial; Total ; steel ; Concrete 1 1 1 1 1 1 I 1 I 1 In I ; In ;I In In 1 I 1 1 I 1 1 1 1 1 1 1 1 1 41: 1 11 1 1 I 1 I I I Kim ; >60 ; ; ; ;Low ;Moderate ;Low 1 1 1 1 1 69: I 4 1 1 1 1 1 I 1 Olney ; >60 ; ;Low ;Moderate ;Low 1 1 1 �1� 1 1 5Q• 1 1 1 I 1 1 1 1 1 1 Olney ; >60 ; --- ; ;Low ;Moderate ;Low 1 1 1 1 1 1 1 1 1 1 1 1 55:1 1 1 1 1 1 1 Potts >60 --- ;Low ;High ;High 1 1 1 1 1 1 1 1 • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE SOIL FEATURES Endnote -- SOIL FEATURES PAGE 2 OF 2 09/1/98 This report gives estimates of various soil features. The estimates are used in land use planning that involves engineering considerations. Depth to bedrock is given if bedrock is within a depth of 5 feet. The depth is based nn many soil borings and on observations during soil mapping. The rock is either 'Soft' or 'Na d'. If the rock is 'Soft' or fractured, excavations can be made with trenching machines, backhoes, or small rippers. If the rock is 'Hard' or massive, blasting or special equipment generally is needed for excavation. Cemented pans are cemented or indurated subsurface layers within a depth of 5 feet. Such pans cause difficulty in excavation. Pans are classified as 'Thin' or 'Thick'. A 'Thin' pan is less than 3 inches thick if continuously indurated or less than 18 inches thick if discontinuous or fractured. Excavations can be made by trenching machines, backhoes, or small rippers. A 'Thick' pan is more than 3 inches thick if continuously indurated or more than 18 inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipment is needed in excavation. Subsidence is the settlement of organic soils or of saturated mineral soils of very low density. Subsidence results from either desiccation and shrinkage or oxidation of organic material, or both, following drainage. Subsidence takes place gradually, usually over a period of several years. This report shows the expected initial subsidence, which usually is a result of drainage, and total subsidence, which usually is a result of oxidation. Not shown in the report is subsidence caused by an imposed surface load or by the withdrawal of ground water throughout an extensive area as a result of lowering the water table. Potential frost action is the likelihood of upward or lateral expansion of the soil caused by the formation of segregated ice lenses (frost heave) and the subsequent collapse of the soil and loss of strength on thawing. Frost action occurs when moisture moves into the freezing zone of the soil. Temperature, texture, density, permeability, content of organic matter, and depth to the water table are the most important factors considered in evaluating the potential for frost action. It is assumed that the soil is not insulated by vegetation or snow and is not artificially drained. Silty and highly structured clayey soils that have a high water table in winter are the most susceptible to frost action. Well drained, very gravelly, or very sandy soils are the least susceptible. Frost heave and low soil strength during thawing cause damage mainly to pavements and other rigid structures. Risk of corrosion pertains to potential soil -induced electrochemical or chemical action that dissolves or weakens uncoated steel or concrete. The rate of corrosion of uncoated steel is related to such factors as soil moisture, particle -size distribution, acidity, and electrical conductivity of the soil. The rate of corrosion of concrete is based mainly on the sulfate and sodium content, texture, moisture content, and acidity of the soil. Special site examination and design may be needed if the combination of factors creates a severe corrosion environment. The steel installations that intersect soil boundaries or soil layers is more susceptible to corrosion than steel in installations that are entirely within one kind of soil or within one soil layer. For uncoated steel, the risk of corrosion, expressed as 'Low', 'Moderate', or 'High', is based on soil drainage class, total acidity, electrical resistivity near field capacity, and electrical conductivity of the saturation extract. For concrete, the risk of corrosion is also expressed as 'Low', 'Moderate', or 'High'. It is based on soil texture, acidity, and amount of sulfates in the saturation extract. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • • SANITARY FACILITIES Hicks David PAGE 1 OF 3 09/1/98 (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol ; Septic tank ; Sewage lagoon ; Trench Area ; Daily cover and soil name ; absorption areas sanitary sanitary for landfill fields ; landfill landfill 41: Kim ;Moderate: :Severe: :Moderate: :Moderate: :Fair: percs slowly, ; seepage, ; slope ; slope ; slope slope ; slope ' 49: ' Olney ;Moderate: :Severe: :Slight ;Slight ;Good percs slowly ; seepage 50: ' Olney ;Moderate: ;Severe: :Slight ;Slight ;Good percs slowly ; seepage , i 55: ' Potts ;Severe: :Severe: :Slight ;Slight ;Good percs slowly ; seepage • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE SANITARY FACILITIES Endnote -- SANITARY FACILITIES PAGE 2 OF 3 09/1/98 This report shows the degree and kind of soil limitations that affect septic tank absorption fields, sewage lagoons, and sanitary landfills. The limitations are considered 'Slight' if soil properties and site features generally are favorable for the indicated use and limitations are minor and easily overcome; 'Moderate' if soil properties or site ,features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or ,minimize the limitations; and 'Severe' if soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. This report also shows the suitability of the soils for use as daily cover for landfills. A rating of 'Good' indicates 'that soil properties and site features are favorable for the use and good performance and low maintenance can be expected; 'Fair' indicates that soil properties and site features are moderately favorable for the use and one or more soil properties or site features make the soil less desirable than the soils rated 'Good'; and 'Poor' indicates jthat one or more soil properties or site features are unfavorable for the use and overcoming the unfavorable properties requires special design, extra maintenance, or costly alteration. SEPTIC TANK ABSORPTION FIELDS are areas in which effluent from a septic tank is distributed into the soil through (subsurface tiles or perforated pipe. Only that part of the soil between depths of 24 to 72 inches is evaluated. The ratings are base on soil properties, site features, and observed performance of the soils. Permeability, a high water table, depth to bedrock or to a cemented pan, and flooding affect absorption of the effluent. Large stones and bedrock or a cemented pan interfere with installation. Unsatisfactory performance of septic tank absorption fields, including excessively slow absorption of effluent, surfacing of effluent, and hillside seepage, can affect public health. Groundwater can be polluted if highly permeable sand and gravel or fractured bedrock is less than 4 feet below the base of the absorption field, if slope is excessive, or if the water table is near the surface. There must be unsaturated soil material beneath the absorption field to filter the effluent effectively. Many local ordinances require that this material be of a certain thickness. SEWAGE LAGOONS are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid wastes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Lagoons generally are designed to hold the sewage within a depth of 2 to 5 feet. Nearly impervious soil material for the lagoon floor and sides is required to minimize seepage and contamination of ground water. This report gives ratings for the natural soil that makes up the lagoon floor. The surface layer and, generally, 1 or 2 feet of soil material below the surface layer are excavated to provide material for the embankments. The ratings are based on soil Properties, site features, and observed performance of the soils. Considered in the ratings are slope, permeability, a high water table, depth to bedrock or to a cemented pan, flooding, large stones, and content of organic matter. Excessive seepage due to rapid permeability of the soil or a water table that is high enough to raise the level of sewage in the lagoon causes a lagoon to function unsatisfactorily. Pollution results if seepage is excessive or if floodwater overtops the lagoon. A high content of organic matter is detrimental to proper functioning of the lagoon because it inhibits aerobic activity. Slope, bedrock, and cemented pans can cause construction problems, and large stones can hinder compaction of the lagoon floor. SANITARY LANDFILLS are areas where solid waste is disposed of by burying it in soil. There are two types of landfill, trench and area. In a trench landfill, the waste is placed in a trench. It is spread, compacted, and covered daily with a thin layer of soil excavated at the site. In an area landfill, the waste is placed in successive layers on the surface of the soil. The waste is spread, compacted, and covered daily with a thin layer of soil form a source away from the site. Both types of landfill must be able to bear heavy vehicular traffic. Both types involve a risk of groundwater pollution. Ease of excavation and revegetation need to be considered. The ratings in this report are based PILED IN PROBATE COUP PROBATE COURT, CITY AND COUNTY OF DENVER, COLORADO 000NTYOFDENVER,1 Case No. 96PR1983 NOV 191996 LETTERS JOANN GARCIA CLERK IN THE MATTER OF THE ESTATE OF FRED I. SIMON, Deceased SONIA L. SIMON was appointed or qualified by this Court or its Registrar on NOVEMBER 19, 1996 as: [d] Personal Representative. These are Letters Testamentary. (The decedent left a will.) These Letters evidence full authority, except for the following limitations or restrictions, if any: NONE. Date: NOVEMBER 19, 1996 Deputy Clerk or Registrar of Court CBRTI FICATIO$ STAMP PROBATE COURT City & County of Denver. Colo. Certified to be a lull, true and correct. ' copy of the oripnal In my custod y; '):= and the same remains In NU IQ, 8AT ECo& and effect and has not been r vyd• , ...o- 4 NOV 2 7 199E ( vii44 nt: ARCD =' v RK 4•. a p 4., TY C[RTItICATIOM or EPUTY CLERK Certified to be a true copy of tbo original in ■y custody and to be In Lull force and effect as of: (Dat.) (Deputy) Clark of Court , �. 1111111 111111 111111111 111111111111111 1111111111111 1 510265 07/01/1997 10 00A B1024 P102 210 1 of 1 R 6.00 D 0.00 N 0.00 GARFIELD CLERK r4 •'10?".r: 66,' ,fl •.ur 58�• '1) 55'; t' 4 149,,4 WARE air t "° j +i ,4. www• -w. •r j+_ -v P ,tPj. +I r r �" r�fS C, } y� ,*•' 3'7 ra 55 .14 U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • • WATER FEATURES Hicks David PAGE 1 OF 3 09/1/98 Flooding High water table and ponding Map symbol ;Hydro-; Water ! Maximum and soil name ;logic ; Frequency Duration ; Months table Kind of Months Ponding ponding group ; depth ;water table duration depth 1 Ft Ft 41: Kim 8 ;None --- )6.0 49: ' Olney 8 ;None )6.0 50: ' 1 Olney B None )6.0 55: 1 1 Potts 8 ;None ; )6.0 • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE WATER FEATURES Endnote -- WATER FEATURES PAGE 2 OF 3 09/1/98 This report gives estimates of various soil water features. The estimates are used in land use planning that involves engineering considerations. Hydrologic soil groups are used to estimate runoff from precipitation. Soils not protected by vegetation are assigned to one of four groups. They are grouped according to the infiltration of water when the soils are thoroughly wet and receive precipitation from long -duration storms. The four hydrologic soil groups are: Group ' A'. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group W. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group 'C'. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group 'D'. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a permanent high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to two hydrologic groups in this report, the first letter is for drained areas and the second is for undrained areas. Flooding, the temporary inundation of an area, is caused by overflowing streams, by runoff from adjacent slopes, or by tides. Water standing for short periods after rainfall or snowmelt is not considered flooding, nor is water in swamps and marshes. This report gives the frequency and duration of flooding and the time of year when flooding is most likely. Frequency, duration, and probable dates of occurrence are estimated. Frequency is expressed as 'None', 'Rare', 'Occasional', and 'Frequent'. 'None' means that flooding is not probable; 'Rare' that it is unlikely but possible under unusual weather conditions; 'Occasional' that it occurs, on the average, once or less in 2 years; and 'Frequent' that it occurs, on the average, more than once in 2 years. Duration is expressed as 'Very brief' if less than 2 days, 'Brief' if 2 to 7 days, 'long' if 7 to 30 days, and 'Very long' if more than 30 days. The information is based on evidence in the soil profile, namely thin strata of gravel, sand, silt, or clay deposited by floodwater; irregular decrease in organic matter content with increasing depth; and absence of distinctive horizons that form in soils that are not subject to flooding. Also considered are local information about the extent and levels of flooding and the relation of each soil on the landscape to historic floods. t. • HN • 0 QUIT CLAIN DEED THIS DEED, made''this day of , 1976, by and between SONIAlEE SDN' and FR D = Si? MN, whose address is: 5820 West 50th Avenue, Denver,,.R,lorado, . WITNES3$TH-. .,"� • e' • 4•'• — WHEREAS,' SONIA LEE ISIMON, hereinaf t'er referred to •aa Igrantor, is .a trustee and beneficiary under that Trurt•Agreement dated the 15th may_ of.;Nouv,,ember, 1962and recorded"• mss, 1963, r, ,- Recep n gn INgr. 22117.1 jn: Book : 349 , Pdge 245; . -ani 'under that Deed , dated the 16th deyof November;'1962 and'iecorded•May 15,1963,, Receptibr} Nog- 22 4 7, Boole 349, Page: 244, each in the office the Garfield County, C1eri4 4d.'Recorder, •:and t , S, ]_ iJRERBAS N the gratttor• *�desirea>to dLholai>m �drrelincr unto FRED I . 8 fONrarP�";�b�`I '�; shi a y y•r"iti �t�t� r.a1 p�roperty'y transferred under a'aid:,Deed and Trust AgrP w. .4 NOW,'THERE1'ORE, in consideration"lAtT411,DaladarbAIMDconsideration 'N ETHER GOOD AND VALUABLE CONSIDERATION, SONIA LEE SINON'does.by these presents, hereby quit -claim unto FRED-'I.'.$'0,lON, the:f011 . described real property situate, lying and•being•,in the County of. and State of Colorado, to -wit: . -r.., ac .ion 36, Township 5 South; Range, 6th P.M., together together:with.4114i. a purtenances;and, inpr• ; psreaii,.,, Alsooggether withAL,1174Zcb;:and ater rights, including 80 shag of .the harmers- IrriFtation Company Stock. 7') Signed this / day o` 6 , Garfield TATE JF COLORADO 88 OUNTY The foregq,tng instrument was acknowledged before this ' day of ;((• Nte.„-.976 by Sonia Lee Simon. My commfesion expires My Co.'minluu crp'roi Oct 7,1m • c'.•/„`,14,44, Ty. I STATE OF COLORADO ) COUNTY OF. ) F." The foregoing instrument was acknowledged befc:1 me Ilthis /9 4day of I�Sickle. QUIT CLAIM DEED a 1%/ THIS DEED, made this f.' day of / j+ . , 1976, by and between CARMA SIMON, now CARMA VAN SICKLE and FRED Z. SIMON, whose address is: 5820 West 50th Avenue, Denver, Colorado, WITNESSETH: 1 WHEREAS,. CARMA SIMON, now CARMA VAN SICKLE, hereinafter referred to as:grantor, is a beneficiary under that Trust Agreemen dated the 15th day of November, 1967. and recorded May 15, 1963, Reception No. 221478 in Book'349; Page 245, ana under that Deed dated the 16th day of November, 1962 and recorded May 15,1963, Reception No. 221477, Book 349, Page 244, each in the office of the Garfield County Clerk and Recorder, and. • WHEREAS,' ,the,'grantee,, 8edires'.to disclaim and relinquish unto FRED I. SIMON anti interest)rhaf may, have 'in the. Teal property. lt'c# leetd ee }` transferred undervs• t� a'�6sletft;. • ?OW,.;,THE P,:OE$y � �n db� �' alio OTHER Gobb:A.xrer V' NSIDERX ��i�1 �•g 44. �,d�a nCJ11t?fA .pAli •SICKLE, ,'does ;by:these presents, ifiereby quoit..claim unte FRI►.� yl, •;.r SIMON, the following described reai property aituata,-lying and being in the county of Garfield and:.:Stdte'of Colorado, to -wit: NEkNE ;� NE' kNW , -WWSFANEkk .Section 36, Township 5 South, Rangge 92.-West;of.,1a-6th. P,M.. together with-all;;aafrements; ,roads, a ukzenancea and improvements thereon. A1do, ,.to` ether. with • all ' ditch and •water rights, including 80 shares of the Farmers •Irri at;on.,Company Stock. Signed this (j day of .. *. , 1976. /Q L -r. 89. cam*, 11, t' arm imon, now Carina oa: wirof , 1976 by Cama Simon, now Carina Van My commiapi,on expires •l, 1)`2,./ ./!Z j p i Notary Public . I ` C, �•dR M a •/ •� • 1 ■■■■■ RES URC ■ ■■■■ ■ ■■■■ E N G I N E E R I N G INC. Mr. David Hicks Prince Creek Construction 1051 Prince Creek Rd Carbondale CO 81623 RE: Simon Well Dear Dave: August 17, 1998 We have reviewed the pertinent information regarding the Simon well, including the decree (Case No. W-1452), the well permit (049153-F), and the pump test data from Aqua Tec Systems, Inc.. The purpose of our review was to offer an opinion as to the adequacy of the physical and legal supply for a proposed 4 homes. The well is located on a 180 acre parcel in the NE1/4, Section 36, T5S, R92W, 6th P.M. in Garfield County. It was decreed with an adjudication date of July 13, 1972, and an appropriation date of May 31, 1910. The amount is 0.11 cfs (49 g.p.m.) for domestic and irrigation use. The decree is consistent with the proposed uses. The well permit is for 49 g.p.m. domestic and irrigation use. The beneficial use date is given as 1910. The permit provides no information as to average annual amount of water diverted nor number of acres irrigated. It is our understanding that the well has historically served only one single family home. To the extent of it's use prior to 1977 it should be protected by Green Mountain Reservoir Historic User Pool, but any expansion of use would be subject to a Cameo call. The Cameo call can be augmented by releases from Ruedi Reservoir under a water service contract with the West Divide Water Conservancy District. The amount of the contract will be dependent upon the number of homes and amount of irrigated area. The pump test by Aqua Tec was a 4 hour test with recovery completed on August 13, 1997. The pump rate was 30 g.p.m. and the well drew down 5'3" after four hours. It recovered 4'11", or nearly the full amount in five hours. It is a shallow well which is very likely influenced by irrigation. Therefore we are concerned whether an August pump test accurately reflects the reliable yield during the non -irrigation season. The duration of the test (4 hours) is also not long enough, in our opinion, for a community well serving multiple homes. We would recommend a 72 hour pump test during February to evaluate the well. It should be noted, however, that a long term reliable yield of 30 g.p.m. is not necessary to support in-house use by 4 homes. If we can be of any assistance in this matter, please let us know. Sincerely, CE ENGINEERING, INC. auI S. Bussone, P.E. Water Resources Engineer PS B/d I h simonwell.627.wpd 627-2.0 Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs, CO 61 601 ■ (970) 945-6777 ■ Fax (970) 945-1137 • • Book 349 Pe.orded.1 8:32 •salmi . A w 1May 15, 1963 F'age 244 Rerrp:a Na 2214I7 Ch3s. S. 1iee;an _ Recorder. iIIbU Errd. Male Mr 16th day el November the yaw at •r Lad see thousand eine ►undid and S 1 x t T -two het ware FRED 1. SIMON ./ow 3657 Retro ral Newport St. , Denver 7 and hate of Colorado, e/ the trot part, sad S0N1% LEE S1MON, TRUSTEE ei els 1 550 likes -d She row n St. , Denver end hate e1 Colmer* e/ ih. soused Pert: 5-- II J -r IsT irx.uz , nr th. a.:d part r $10.00 and other good and valuable consideration 70011.31.1111101 la the e•id met y 1 the find part .0 hand paid b7 the aid part y of lla armed part, the receipt .hard 1 t.md•t eref e..d and ..ino•Iw1, .4, le a gra Md, ba'[+loed. ..4d .nd merry.I. and by thea prarata deet tPaml bergs.. mall soweet .,d ea4r . mato the rid {an y ./ th• reood pert her Imre and arigre lorrcw. all the I.B.wieg d.orrib•d Id or parcel a/ lard et rate. Ding and being. the Cosh d Garfield tad hale ef Colored., twit: of the Sit part, for ..d la e•eedostiae e/ the lima 1 NELNE;, W NE_. !:E_1"J', W SEt1:E', Se 5 S., R. 92 L'. of the 'qt. T.M., together with all easenent , roa a, appirr •^ revcnents thereon. /clan, together ..ith all ditch and vi ter rights, Inclu.'ing *0 aharea of the Far -era Irrigation Company stock. S'ld land Is also .'.•scrlbel In the follo.Ing instruments of record In the office of the Garfield County Clerk and Retorter, to -wit: Pook 217 at Pages 107 and 199; Nook 21.5 et Page. 336 and 31m; Book 260 at r.Ee 5S6. TOO[TETA .,.A .11 ...A ..•'..•l.• the I. r.d,t•m...ta ..d rras t.••.r.• th.+.unte Iei,r.rr'- .r w ma, wow .t•pwao:an& •nl 4'...eo or..., ...d •....-.. . r u.. 1•..n4 ,.... �n J,..• tents. coca•• a•1 1. 4s.• •h ve.4 and all ti...r.t`. nett. lade, etw..l .4.•,..n4 4-rna.4 •h. •.,n r4 t4., red t.rt . rd Ile 6.N last, tit An r la... wl unl d. a tad t. the Once bargained roarer, . i'A Ile A•...1,...•o.-,t. and .t.+n..,•n•w 70 HIR AND 70 D 0LD 7T• oaf t.-�..,. •,..1•... I.•ta•..d a•4441 d...nl.4 •n). the •l.p.vtn....t .at.. t4 ..I lard d'A......4 t••'•, h • A•-.. u.4 .moi•.. 1..•.n Ansi rho n;d i.., f d1A. 6.a ran. h. ,spar •alt u4e M..., ,..., ••.d • 4.,.,.r . ,,.1 .f• $ n .. . g•.,,f I.,san ..M .a... t...•• 1 .ah •4....d lar• t 1 11., wad t+'•. h t 1.,•. ••.1 r!••..'..r . .A. time .4 tA. retr.`.•4 and.4.-1,. •I th•.• p...,.t1 h. Is ..fi ..•.1 -I .M p,•.,• ,.. J••. • .-.n.-..-I .. •I e•••I..v.., r-.4..•. Jalw....i s.t•6vJ•le .r•1. d ..Aw+tuv., r h•,. 1r .•.•PV, •nl M e ,...1 .r'.. 1„n p.... ••.I I.•'ul actlacc a t. g..nr, 1.•1 an. .-O .n1 •,am U. t. .e» a aans•, a.d Ira r •A+•�. 1. '4 t4.• sal.... •.,.... 1.,..r.4 .L .t 1.4n .R R.n.n •,.J .aA.• g , . lar[•in., ..L•, haw., 1.1.1 •w.•a•,•aY and .n.nt.a•,.d.h.•-. 1 .4.. w.nw...,n, . .. pt I h. ahoy.. 4.rn 1 1. Sul ft, t t., ' 1, at •l.. J .•I truAt Tan'•1' fir• t'1, .•r'..r ,•' t',. 7.•,.,ral 1..110 R nf, an•1 tl... ✓...• lonra;,,..l r• -n•.••• ,n .4...,..:n ad teareal.le p••••••••..• .4 the m.4 pan .4 the awed part. ht r 1.,•. a.l •.cast» a•.•.. alt ••-1 et -n l " '• t•••••.• 1a10u11, r6.n.'.1 .. 1., .Iain the whole or oat part thw.d, r{.. +.d len t .4.M 4•.• 1.r .A,n .,.4.,n R 111RIVT IV17 inRI:1 Y.R 14:11K1D U WITT LES WR=IIIOT, Tt.• re.1 pan y .1 tlr 6•r rms. Ina beeemnt.. rat h f II •...1 • ..r /,•c. J.+..r41.1. `,.-,-'4.titil .••I 11.1..,....i .n the 4.-.....d /•7474: 14 1 rp4tr4a1.1 C .,.4 l `•11!tl, Thr 1...*..•.1 ima✓rewar .1 .a act r•.. L•te•41..4... 4 11 19 b. .Iwo f : I. ',I •:1 V. w•ne..a.r. ntrw r1: 1 r .: 1. SI -•r. .h hand nod east l...,^mar . Is . Rene.. era M1.1 anal .l.-rl .••I 440. r. Pdi.. •u . ,.r ..r r ... .. ... • •.. r>••w w• •..-r+-w.)w.. .w. . •mar.•., - hot n.....I r.,.I n•...e ,..•mar w man ..r ...soar •M•i.•.I..•r••••w..'w man r+ •..e .a._. •a.... •. mai ••••• r .. 4+•... •41.••. 4 ...• ..... w a NO ))1 wsna•Nty caro Po.. r.•o•Ocn•ewre our cO..o-7r. r • w•..% P.1 a •a,.• r. rt.... ratio L J!A2-''�-A4 •p M. SEP ?9 14A►i Recep6cn No. 307 24r4IlDi(ED ALSDORF, RECORDER QIjIT CLAIM DEED THIS DEED, made this /9 day of (/A4..L , 1976, by ;and between DENNIS SIMON and FRED L. SIMON, whose address is: 5820 West 50th Avenue, Denver, Colorado, WITNESSETH: WHEREAS, DENNIS SIMON, hereinafter referred to as 'grantor, is a beneficiary under that Trust Agreement dated the 15th day of November. 1962, and recorded May 15, 1963, Reception No. 221478 in Book 349, Page 245, and under that Deed dated the 16th day of November, 1962 and recorded May 15,1963, Reception ENo. 221477, Book 349, Page 244, each in the County Clerk and Recorder, and WHEREAS, the grantor desires to disclaim and relinquish unto FRED I. SIMON any interest he may have in the real property transferred under said Deed and Trust Agreement, NOW, THEREFORE. in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, DENNIS SIMON does by these presents, hereby quit -claim unto FRED I. SIMON, the following described real property situate, lying and being in the County of Garfield and State of Colorado, to -wit: NEkNEk, WkNEk, NEkNWk, WkSEkNEk, Section 36. Township 5 South, Range 92 West of the 6th P.M., together with all easements, roads. appurtenances and improvements thereon. Also, together with all ditch and water rights, including 80 shares of the Farmers Irrigation Company Stock. Signed this / y day of 'J'. -e , 1976. Boax 556 rt(0b73 SEP291980 VW MOW RI office of the Garfield .STATE OF COLORADO ) ) COUNTY ) SS. Bennis Simon The foregoing instrument was acknowledged this iv day of J/ -4----C , 1976 by Dennis My commission expires -V4v • ri F v E . tary Pu • Simon. before me ipOorded, MAR J 197x4 at.....�� ����� �k Reception No.Ella Stephens. Recorder RECEIVED .. " 1 0 1973 F 1 1.. 0 1 RECEIVEDMAR 2 7 1974,, IN b'Jf'►'i ,..�. (:;1t'.. �' 3 llivisiou No..: I•l;;i;1 (;; Fri.::: TE QF COf2L,CO ? i. A) Ii S I BY oa+uTY Z IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO • IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF FRED I. SIMON IN THE COLORADO RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: CASE NO. W- 1452 IN GARFIELD COUNTY ware: c_L.rt:: RULING OF THE REFEREE AB SOLUTE DECREE FOR UNDER GROUND WATER RIGHTS And the Referee having made the investigations required by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water Division No. 5 on the 13th day of July Fred 1. Simon 1620 Colorado Boulevard Denver, Colorado 2. The name of the structure is Simon Well. 3. The Legal description of the structure is: The well is located in the NE'NE'ZNE1/4 of Section 36, T. 5 S., R. 92 W. of the • 6th P.M. at a point 397 feet West and 147.5 feet South of the Northeast Corner of said Section 36. 4. The depth of the well is 20.5 feet. 5. The date of initiation of appropriation is Spring, 1910. 6. The amount of water claimed is 0.'11 cubic foot .per second ,:. of time. 7 The use of the water is domestic and irrigation. 8. The State Engineer's number is none. 9. The Priority date is May 31, 1910. 10. The date of the application was July 3, 1972. It is the ruling of the Referee that the statements in the application are true and that the above described water right is ° approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. 1. Name of Applicant Address 1972. r,11 nrnrin 441i r y i yyo u= G5r r t r- KUt 1 JUN 1 A bbU (6.J! 9b40 P. 2 °It6I Pa > w. STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 For Office Use only PSR' NUMBER 049153 F 32192 -K REGISTRATION OF DECREED DUSTING WELL PURSUANT TO C.R.S.37-92-304(8) 1. WELL OWNER NAME(S) : FRED I SIMON ESTATE, SONIA SIMON Mailing Address: BOX 4993 City, St. Zip : BURUNGAME CA 94011-4993 Phone: (415) 697-9540 2. WELL LOCATION: COUNTY: GARFIELD OWNER'S WELL NUMBER: SIMON WELL (State) (Zip) line. (Address) (City) NE 1/4 of the NE 1/4, Sec. 36 Twp. 5 SOUTH, Rng. 92 WEST, 6th P.M. Located at 147.5 feet from North Section Line, 397 feet from East Section 3. The well has historically been used for the following purpose(s): Domestic and Irrigation. 4. Water from the well was first used beneficially by the original owner for the above described purpose(s) on 1910. 5. The total depth of this well is 20.5 feat. 6. The pumping rate is 0.11 cfs, 49 gallons per minute. 7. The average annual amount of water diverted is not reported acre feet. 8. The land area irrigated from this well is: not reported acres described as: • (Legal Description)• r. or as Subdivision Lot(s) Block Filing/Unit : pT' '. a — i' FOR OFFICE USE ONLY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 37-92-304(8), CRS, THE STATE ENGINEER HAS ENTERED INTO HIS RECORDS, UNDER THE ABOVE ASSIGNED WELL PERMIT NUMBER, THE DETERMINATIONS MADE BY THE DIVISION 5 WATER COURT IN CASE NO. W-1452 FOR WELL NO. THE REGISTRATION FOR THIS WELL HAS BEEN AMENDED TO REFLECT CURRENT OWNER,ADDRESS AND LOCATION INFORMATION. 74/0 0 .....1 . ,d .d • =�c5- NOV 0 it 1997 State Engineer By pate Court Case No. W-1452 Div. 5 Co. 23 WD 39 Basin MD Use 1g - 1 9- 1 6 FROM SON I A 650 697 9540 Aum -18-97 11:11A AQUA EC SYSTEMS INC 1 97084 0312 P.01 AQUA TEC SYSTEMS, INC. P.O. BOX 488 GLENWOOD SPRINGS, CO. 81602 TO WHOM IT MAY CONCERN: SONJA SIMON, 415-897-9540 WELL IOCATION:SIMON WELL, COUNTY ROAD 250, SILT MESA THE WELL WAS TESTED AT A BUMPING RATE OF 30 GALLONS PER MINUTE FOR 4 HOURS. DATE OF TEST Qg/13/$7, APPROXIMATE STATIC LEVEL B" 11" FEET . APPROXIMATE DEPTH 21 FEET APPROXIMATE PUMPING SETTING 29 FEET DRAW DOWN S. FEET RECOVERY , 4* 41" FET AFTER HOURS THE TEST DATA OBTAINED IS REPRESENTATIVE OF ONLY CONDITIONS OBSERVED ON THAT DATE AND DOES NOT ACCOUNT FOR POSSIBLE SEASONAL VARIATION IN THE AQUIFER NOR LONGER PUMPING DURATIONS. SUBMITTED, TOM STATE LICENSE 01106 P.4 41,41, volz�yo rni 1.1:1J rtA yrU tiZo 3300 COMMUN44EA1H TITLE CO FILE NO. 9706053 • • SCHEDULE B - SECTION I The following are the requirements to be complied with: 1. Instrument creating the estate or interest to be insured must be executed and filed for record, to wit: a. Warranty deed from Sonia L. Simon as personal representative of the Estate of Fred I. Simon, deceased vesting fee simple title in a purchaser to be determined. 2. Pay the full consideration to, or for the account of, the Grantors or Mortgagors. 3. Pay all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. 4. Satisfactory evidence should be had that improvements and/or repairs alterations thereto are completed; that contractor, sub -contractor, Labor and materialmen are all paid; and have release of record all liens or notice of intent to perfect a lien for labor or material. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 16002 Uo,ii uo X(1 11:10 rAA H() bLu JaUS • PILE NO. 9706053 CUMMUN1V.A1'H TITLE CO SCHEDULE B -SECTION 2 • Schedule 8 of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claim of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which and inspection of the premises would disclose and which are not shown by the Public records. 4. Any tien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by taw and not shown by the Public records. 5. Defects, liens, encumbrances, adverse claim or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Pursuant to Senate Bill 91-14 (CRS 10-11-122) Notice is hereby given that: The subject real property may be located in a special taxing district; A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; Information regarding special districts and the boundaries of such districts be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A Tax Certificate will be ordered the County Treasurer by the Company and the costs therefor charged to the proposed insured unless written instructions to the contrary are received by the Company prior to the issuance of the Title Policy anticipated by this commitment. a correct survey a) b) c) Lj 003 may f roa 7. Any and all unpaid taxes, assessments and unredeemed tax sales. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded February 2, 1892 in Book 12 at Page 104. (SW1/48E1/4, 8E1/48W1/4 SECTION 25 AND NW1/4NE1/4, NE1/4NW1/4 SECTION 36) and in Patent recorded February 28, 1894 in Book 12 at Page 299 (E1/2NE1/4, SW1/4NE1/4 SECTION 36). 9. Reservation of ditch rights of way necessary for the irrigation of land lying to the South as described in deed recorded February 25, 1910 in Book 79 at Page 407. continued on page 2 NOTE: EXCEPTION(S) WILL NOT APPEAR IN THE MORTGAGE POLICY TO BE ISSUED HEREUNDER The Owner's Policy of Title Insurance Committed for in this Commitment, if any, shaft contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1, Items (b).(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 11 1 i 1 _1_.1 0 U UrU 0000 FILE NO. 9706053 1.U.rtntU.\rr1::11n 111LL LU IgiUU4 • • SCHEDULE B - SECTION 2 CONTINUED 10. Right of way for a pipeline for domestic and irrigation water as described in deed recorded August 26, 1916 in Book 86 at Page 482. 11. Rights of way as shown on the plat of Peach Valley Orchard recorded February 25, 1909 as Reception No. 36474. NOTE: By resolution recorded March 5, 1957 in Book 298 at Page 72 the roads shown on said plat were vacated with the exception of the existing County Road along the East side of Blocks 21 and 22, along the East side of Blocks 4 and 5, along the North side of Blocks 1, 2, 3 and 4 and the West line of Blocks 1, 8, 9 and 17. 12. Right of way for County Road No.'s 261, 250, and 237 as in place and in use. (page 2) • • Owners within 200 feet of the Simon Estate Property (NE Vs of the NE 'A of Section 36 — the 40 acres being divided) McKee, Kelly Rae & Robert Scott Gordon P.O. Box 663, Rifle, CO 81650 Walker, Joyce E. 769 County Road 250, Silt, CO 81652 Walker, Warren S. 769 County Road 250, Silt, CO 81652 Kunstadter, Karl M. & Connie L. 588 County Road 250, Silt, CO 81652 Fenno Ranch Partnership 634 County Road 228, Silt, CO 81652 Mittleider, Ronnie L. & Cynthia M. P.O. Box 821, Silt, CO 81652 5/°m 0 fl u b d/° V/S /00I'7 Carl M. Kunstadter & Connie L. Kunstadter 588 County Road 250 Silt, CO 81652 c/o Sonia L. Simon P. 0. Box 4993 Burlingame, CA 9407 7 Joyce E. Walker 769 County Road 250 Silt, CO 81652 Ronnie L. & Cynthia Al. Mittleider P. 0. Box 821 Silt, CO 81652 Simon Estate c/o Sonia L. Simon P. 0. Box 4993 Burlingame, C4 94011 County Road 250 J Dashed Line is the boundary of the Simons Estate 40 acre parcel. Legal Desription: NE 1/4 of the NE 1/4 of Section 36, Township 5S, Range 92W of the 6th P.M. Simon Estate c/o Sonia L. Simon P. 0. Box 4993 Burlingame, CA 94011 # WID HT ACRES 1 440 320 3.23 2 440 320 3.23 3 440 320 3.23 4 1320 1000 30.31 Total 40.00 All lots will be served by a common well and by individual sewage disposal systems. 4 Simon Estate c/o Sonia L. Simon P. 0. Box 4993 Burlingame, CA 94011 7 Kelly Rae McKee & Robert Scott Gordon P. 0. Box 663 Rifle, CO 81650 County Road 261 Fenno Ranch Partnership 634 County Road 228 Silt, CO 81652 11 1 11 . 1J 1':14 y ( u U.:J JJUJ FILE NO. 9706053 l.Ull1111U1f !Intl 111 'JILL l.0 C•1ITMENT FOR TITLE INSURANC4/1 SCHEDULE A 1. Effective Date: 16Th day of JULY 1998, at 7:59 A.M. 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 10-17-92) Proposed Insured: A PURCHASER TO BE DETERMINED (b) ALTA LOAN POLICY (10-17-92) Proposed Insured: $TBD 3. The estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: SONIA L. SIMON AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRED I. SIMON, DECEASED 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado, and described as follows: TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M. SECTION 36: NE1/4NW1/4, NE1/4NE1/4, W1/2NE1/4, W1/2SE1/4NE1/4 EXCEPT THE NORTH 15 FEET OF NE1/4NE1/4 CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS IN DEED RECORDED JANUARY 7, 1898 IN BOOR 20 AT PAGE 570. COUNTERSIGNED. TITLE CHARGES OWNER'S POLICY $TBD SPA Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached dk Post iY` Fax Note 7671 Date S2. _ L\ pages► 7-4 1 To j/EYv 1 (\ 1�C `1 Fromf� �- "t,VAcJi , \ jr \' I� ) , ll Co,/Dept.Co Phone # Phone # Fax # f s _ w • t r., Fax # ISSUING AGENT: Commonwealth Title Company 127 East 5th Street P. 0. Box 352 Rifle, Colorado 81650 t�U01 I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. ¥yr s / Mailing Address dY �o 4 -fro//- rn'_3 State eleP hone Number 7-7-1° EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of- way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973 • • B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells with 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district; and F. All state and local environmental health and safety requirements have been met or are in the process of being met; and G. Provision has been made for any required road or storm drainage improvements; and H. Fire protection has been approved by the appropriate fire district; and • • • I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and J. School fees, taxes and special assessments have been paid. (The school impact fee is $200.00 for each lot created) PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. B The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedures in these regulations. O••'— OITC .o •I 5906 5945 DITCH IN O f 5800 • RISIN�i} DITCH .. 1.�� 7 ti • 4,'I U .,v aia 11.. 5665 5906 Coln 371 s w` •,L v " r 11 II IN 111 10-02-1998 10:30AM FRillSONIA 650 697 95,10 • SAMUELSON PUMP CO. INC. P.O. BOX 297 WATER SYSTEMS GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION COLORADO 81602 94309 August 30, 1998 David Hicks 1051 County Road 111 Carbondale, Co. 81623 Attn; David P_ 1 Post-' F -, Note r 7671 Date r/JT�d ► 7l / `�- To / f% / / / i/ F i�: '` • Co. �ILe N -7— Pte. Fax# Fax0 On August 18, 1998 a well test was conducted on a well north of Silt. The following information was obtained; Well Depth 18'-0" Casing size hand dug well 3'approx. Standing water level 90 1/2" Drawdown 181 1/2" Production is 38 gpm Total test time 25 hrs. This test was conducted with a 3 hp. 40P Sta-Rite submersible. The well recovered back to 99" in 17.5 hrs. If you have questions please call me Raun Samuelson at 945-6309. Sincerely; Raun Samuelson 10-02-1998 10:31AM FRii4SONIA 650 697 954.0 Al a E • P. 2 IECOYERY-siagAl -I _ 00:1 y 1\ r PI V` h �� h� VI \` N' e` i p Z 1 To T % q i•. Z O r N P! d 10 m N 4^ + E N f b p 4 �� I �� I NY 0 v n th !M psi 3 -N 15) a 3' V " r ‘ ' z 3 laO'er > cV %` q ~ a 144.04 i it S ,� �p ~ z kfp, �4 Ja O ►� 3 Q Z O^ N c7 V b O m O^ W N I 30 f in i ti 2 0 s o 2 2 h 4 1 cli ;a vi Orr') ORME til J t • L. 1 1.4 1 K, i+ t M o c %," A - 10-02-1998 10:31AM FR SONIA 650 697 9540 m icrosearch laboratory • Micresearch Laboratory inc. 2783 Webster Drive Grand Junction, CO 81503 (970) 241-1448 Fax (970)241-6092 ww.v.msiabs.com, e-mail microlabeiti2.net SOURCE WATER IDENTIFICATION Using MPA following EPA CONSENSUS METHOD PWSID # Project Code Account # City/Utility Silt Mesa c/QP.O.Box 297 Glenwood Springs,CO 81210 Phone (970) 945-6109 Agency c/o David Hicks Samuelson Pump Phone Date (s) sampled 08/18 to 8/19/98 Sampler (s) Raun Date received 08/19/98 System Type Public community _Non -Community other Water Source location Silt mesa Meter Reading: Before After Sample Taken From well Total volume filtered 1.000 sons Water source ID as: Spring Infiltration Gallery Artesian Well (Dug Well Drilled Well Horizontal Well other If Well: Depth 21 Feet Distance from river/stream/lake j280 R Field Measurements: (date) Turbidity pH Temp° Conductivity T.Chlor (NTU) Visit one Visit two Other MB Analysis: (date) Total Coliform 100 mL Visit one Visit two Fecal Coliform 100 mL F.Chlor Heterotropic Plate Count mL Processine Information Total Volume Filtered 1.000 gallons Total falter sediment collected 25.8 mis uL sediment/ 100 gallons 2,580 PERCOLL® / sucrose Flotation pellet volume 1.000 lad PERCOLL® / sucrose flotation packed sediment 60 uL µL flotation pellet volume / 100 gallons filtered 154.8 }iL Time Required hrs Flotation Parameters JPercoll/ sucrose Gradient potassium citrate Page 1 of 2 NOTE: All Limitations of Analysis Apply. other "Direct Observation" P. 3 m crosaarch laboratory Sample ID. Silt Mesa c/o David Hicks Page 2 of 2 Date 08/19/98 Analyst Carrie Howe -Carlson Dilution none Magnification 200X/1,000X Microscopy Phase/Hoffrnan Mod. Opticse/Epifluorescence Volume Final Pellet µi.= 60 Primary Slide 1 Slide 2 Slide 3 Slide 4 Slide 5 Slide 6 Slide 7 Slide 8 Slide 9 Slide 10 Total ti / 100 Gallons Risk Factor Particulates Giardia n.o.--> Coccidia n.o,--► Diatoms no.---> Other Algae n.o.—> Insect Larvae n.o.—> Rotifers n.o.—> Plant Debris n.o.—* Secondary Particulates Large Amorphous Debris n.o.--* Fine Amorphous Debris HEAVY HEAVY none Minerals MOD.--* MOD. none Plant Pollen n,o.-) Nematodes n.o.--) Crustacea n. o.--* Amoebae n.o.--* Ciliates / Flagellates n.o.--> Other: omments. This water system has a relative risk factor of = 0, Low risk of being under the influence of surface water NOTE: All Limitations of Analysis Apply. tD tD co w z 11 010 to 0 z • OVS6 L69 099 10-02-1998 10,30AM FROM SON IA 650 697 9540 SAMUELSON PUMP CO. INC. P.O, BOX 297 • WATER SYSTEMS GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION COLORADO 81602 945-6309 August 30, 1998 David Hicks 1051 County Road 111 Carbondale, Co. 81623 Attn; David P. 1 Posh F- Note 7671 Date Pilfer pag°ts► lam_ Co. 417 one k ., Phone Fa # v Fax k On August 18, 1998 a well test was conducted on a well north of Silt. The following information was obtained; Well Depth 18'-0" Casing size hand dug well 3'approx. Standing water level 90 1/2" Drawdown 181 1/2" Production is 38 gpm Total test time 25 hrs. This test was conducted with a 3 hp. 40P Sta-Rite submersible. The well recovered back to 99" in 17.5 hrs. If you have questions please call me Raun Samuelson at 945-6309. Sincerely; Raun Samuelson 10-02-1998 10:31AM 1 FRO ONIA 650 697 9540 • P. 2 >' �r�°Qrr����hh� tcr-f? \� , ��I J N QO V' \ M M . t `!, p `1 O tZ 9 .. — 1ECOVERI 2 O N l7 V Ui o W O^ ta p N g fb ? 'VI t O t' krl 1 ('O , ki. . 411 -Do- CX el !V , W , A'_. 0 �o _,..st n :0-, VI 4 k.. «tea =``,►egoO'a` _"_±,--N_,-1-- `T 4 0� , Q X 0 LEVEL 0r° 1.41q = \ co 4*�`^� i 0 g C cv (1`' 'n o m o^ a N�% $ S$ F f '.%.�j 1 i i. L 1 1 � 4; ',- 1 T !'i 10-02-1998 10.31AM FROM SONIA 650 697 9540 P.3 • 1 m icrosearch laboratory Microsearch Laboratory inc. 2783 Webster Drive Grand Junction, CO 81503 (970) 241-1446 Fax (970)241-6092 www.m$labs.com, e-mail microlab®iti2.net SOURCE WATER IDENTIFICATION Using MPA following EPA CONSENSUS METHOD PWS1D # City/Utility Silt Mesa Agency c/o David Hicks Project Codec/oP.O.Box 297 Samuelson Pump Account # Glenwood Springs.CO 81210 Phone (970) 945-6309 Phone Date (s) sampled 08/18 to 8/19/98 Sampler (s) Raun Date received 08/19/98 System Type V Public community _Non -Community other Water Source location Silt mesa . Meter Reading: Before After Sample Taken From well Total volume filtered 1,000 _ea1)_ows Water source ID as: Spring Infiltration Gallery Artesian Well 'Dug Well Drilled Well Horizontal Well other If Well: Depth 21 Feet Distance from river/stream/lake 5.280 ft Field Measurements: (date) Turbidity pH Temp° Conductivity T.Chlor F.Chlor (NTU) Visit one Visit two Other MB Analysis: (date) Visit one Visit two Total Coliform 100 mL Processine Information Fecal Coliform 100 mL Heterotropic Plate Count mL Total Volume Filtered 1.000 gallons Time Required hrs Total filter sediment collected 25.8 mis uL sediment/ 100 gallons 2580 PERCOLL® / sucrose Flotation pellet volume 1.000 µL PERCOLL® / sucrose flotation packed sediment 60 IA 4 flotation pellet volume / 100 gallons filtered 154.8 }i1., Flotation Parameters sjPercoll/ sucrose Gradient potassium citrate Page 1 of 2 NOTE: All Limitations of Analysis Apply. other "Direct Observation" in icaosearch laboratory Sample ID: Silt Mesa clo David Hicks Page 2 of 2 Date 08/19/98 Analyst Carrie Howe -Carlson Dilution none Magnification 200X/1,000X Microscopy Phase/Hoffrnan Mod. Optics®/Epifluorescence Volume Final Pellet ILL= 60 Primary Slide 1 Slide 2 Slide 3 Slide 4 Slide 5 Slide 6 Slide 7 Slide 8 Slide 9 Slide 10 Total # /100 Gallons Risk Factor Particulates Giardia n.o.-a Coccidia n.o,-► Diatoms n.o.--s Other Algae n.o.- Wct Larvae n.o.-> tifers n.o.-* Plant Debris n.o.-* Secondary Particulates Large Amorphous Debris n.o.-> Fine Amorphous Debris HEAVY -* HEAVY none Minerals MOD.- MOD. none Plant Pollees n,o.- Nematodes n.o.-* Crustacea n.o.-o Moebae n.o.-4 rates / Flagellates n,o.—.) Other: omments: This water system has a relative risk factor of = 0, Low risk of being under the influence of surface water NOTE: All Limitations of Analysis Apply. co VINOS WOdd OV56 L69 059 9-28-1998 2,59PM FAX FROM SONIA 650 697 9540 To: JOHN BARGEE Garfield County Senior Planner Subj: 10/5 PUBLIC HEARING Simon Subdivision Exemption Phone: Fax: CC: (970)-Efirifieg- P. 1 Date: 9/28/98 Number of pages including cover sheet: .3. From: SONIA L. SIMON Phone: (650) 697-9540 Fax phone: (650) 697-1454 REMARKS: 0 Urgent 181 For your review in Reply ASAP 0 Please comment ATTACHED ARE THE SIX PROOF OF MAILING NOTIFICATIONS TO ALL PEOPLE WITHIN 200FT OF OUR PROPERTY. I LOOK FORWARD TO SEEING YOU NEXT MONDAY, AND I WILL BRING ALL OF THE NOTICES WITH ME. THANK YOU. CONFIDENTIALITY NOTICE This page and the accompanying documents contain information intended for a specific individual and purpose. This telecopied information is private and protected by law. If you are not the intended recipient, you arc hereby notified that any disclosure, copying, distribution or the taking of any action based on the contents is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone so that I can arrange for the return of the documents to meatnocosttoyou. • • N 697 9540 Lil (D FROM SON IA 2 Lri N 9-28-1998 0 SENDER: • 0cc plate items t ander 2 for additional services, • Cdnplets hums 3.43, and 4b. • Prinl your name and address on the reverse of this form so titan we can return this card to you. ■ Attach this loan lo the front d the mailpiece. or on the baht if space does not Wri et ■ r'Refwn Receipt Requesrefr on the rnailpiece below the article number. • The Relum Receipt will show to whom the article was deavared and the date delivered 3. Article Addressed to: Fenno Ranch Partnership 634 County Road 228 Silt CO 81652 — CC 3 6.Signatu :(Add sseeorAge X —.&12401.-D PS Form 611, December 1994 feed By (Print Name r6azA),v 0 SENDER: • Complete items 1 ardor 2 for additional services. ■ Complete items 3, 4a, and 4b. • Print you( nano and address on the reverse of this form so that we can (alum this card 10 you. • AHach this fort to the front of the rneifpiece, or on the bath if space does not aWriteRatum Receipt RequesteE'on the mailpiece below the article number. ■ The Return Receipt will show to whom the anile was delivered and the date delivered. I also wish to receive the following services (tor an extra fee): 1, 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. . CIF ''''..c3c4FC: t0 also wish to receive the foitowirtg services (for an extra fee): o 1. 0 Addressee's Address 2. 0 Restricted Delivery to Consull postmaster for tee. tl u 4a. Article Number i m Y rcO0191 vA(l 4b. S nnoe Type ❑ Registered ertihed ❑ Express Mail 0 Insured c tatum Receipt for Merctieltd+se 0 COD `o 0 7. Date of Delivery lfiti 148 8. Addressee's Address (Only if requested and fee is paid) is N 3. Article Addressed to: Ronnie L. Mittleider Cynthia M. Mittleider P. 0. Box 821 Silt CO 81652 4a Article r oo-J 4b Service Type O Registered )5(Certified ❑ ress Mail 0 Insured Rehm Receipt Ior Merdtandse 0 COD 5. A ed pint N l/%(/ r '71S-7e1C/il /r 6. Signature: (Add X s orAgent) J thL4 PS Form 3811; Dece>rnbe / 994 7. Date oi Delivery�^ J 8. Addressee's Address (Only if requested and fee is paid) Domestic Return Receipt m 0 Delivery Restricted fo Addtressee `o D Perishable Item 00 .x Derr Bred By 0c F. PS Form 3849, December I994 Domestic Return Receipt 2 40 Sorry We Missed You/ N i pQ, S&O 1 O We geDeliver For You! The tjati Se • is Nairne Item UPost Office (see reverse) `-� Is at: 0 0 IF CHECKED, YOU MUST 5E PRESENT AT TIME OF DELIVERY We 'cDoliver or you can pick up. see back t k Leiter t7 Large ernverove, magazine, catalog, etc. 0 Parcel ❑ Express ►fel (refry not dolivery day triMess you to noid etpost office) rtile6rttied D Insured O Registered O Rehm Receipt for Merchancrse O Aeoorded Delivery (latemational) D Special Delivery 406. l' ' TO SIGN FOR ITEM Rewiring nymeet OPos Due O COD 0 Customs Amount Due$ ❑ FINAL NOTICE ANde will be retuned to sender on: Addressee Name r.0 RP iso and Ste) tomer- --r arty Visible Damage Delivery Noae&JReminder/Receipt (1 3 650 697 9540 FROM SONIA completed on the reverse side? 0 SENDER: ■ Complete items 1 and/or 2 for additional services. ■ Complete items 3, 4a, and 4b. • Print your name and address on the reverse of this form so that we can return This card u ntied' thh sis form to the Front of the mailpiece, or en the back if space does not permit. • WAIe'Refwn Reoerpr Requested' on the mailpieoe below the article number. ■ The Retum Receipt WM show to whore the article was delivered and the date delivered. I also wish to receive the following services (for an extra fee): 1, 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 3. Article Addressed t0: Warren S. Walker 703 County Road 250 Silt CO 81652 4a Article Number � _S c' o— J° ---- 4bervice Type ❑ Registered ❑ Express Mail etum Receipt for Merchandise 0 0OD ,.Certified 0 Insured 5. Secei ed By: (Print Name) 6. Signature: (Addressee or Agent) x`7'}1t,yt c L)c Q PS Form 3811, December 1994 7. Date of Delivery 9/ly/C48 8. Addressee's Address (Onty if requested and tee is paid) completed on the reverse side? 4 1- w Domestic Return Receipt SENDER: • Complete hams 1 ander 2 for additional services. to •Complete items 3, da, and 4b. a, ■FAN your name and address on the reverse of this form so that ws can return this cafdloyou. • ■ach this form to the front of the mailoiece, or on the baric tI space does nor • permit. "' • ■ WAle'Refum Rei Requested' on the mailpiece below the article number. • The Return Reeeiparti7 show to wtwm rhe anile was delivered and the date • delivered. . ▪ 3. Article Addressed to: 0 as H Kelly Rae McKee Robert Scott Gordon P. 0. Box 663 Rifle CO 81650 a ur: (Addre a orA ertt e rA6t PS Form 3811, December 1994 I also wish to receive the Ioltowing series (for an extra fee): 1. 0 Addresser's Addres 2. 0 Resiricted1Jelivery Consult postmaster for fee. 4a. Article Number 372 0- / —2S . Service Type O Registered ' (Certifie O Express Mail 0 Insurer %etum Receipt for Merchandse ❑ COD 7 Date of liv ry 8. Address e' Ad d ress (Only+► req" and lee is paid) SENDER: ■ Complete Reins 1 ands 2 for additional services. •Comytele items 3, 4a, and db. • Print your name and address on the reverse of this form so that We can return This card to you. ■ Attach this form to the front of the mailpieae, or m the back if space does not permit_ ■ W rite'Retwn Receipt Requested' on the mailpieoe below the arida number. • The Return Receipt will show to whom the anile was delivered and the dale delivered. I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 13estricted Delivery 0 0 0 N Consult postmaster for fee. o. 3. Article Addressed to: Joyce Walker 769 County Road 250 Silt CO 81652 4a Article Number 40.5ervice Type O Registered ❑ Express Mail Certified Insured alum Receipt for Merchandse 0 COD 7. Date of Delivery 5. Received By: (Print Name) h5 6. Signature: (Addressee or Agent) 0 l ,J of A/ PS Forrn 1, December 1994 8. Addressee's Address (Only ilrequested and lee is paid) Domestic Return Receipt a c 8 0 3 0 T Domestic Return Recei GARFIELD COUNTY SURVEYOR'S OFFICE PLAT REVIEW INVOICE MARCH 3, 1999 ATTN: MR. MARK BEAN DIRECTOR, GARFIELD COUNTY PLANNING DEPT. 109 EIGHTH ST. GLENWOOD SPRINGS, CO. 81601 PLAT NAME: SIMON SUBDIVISION EXEMPTION PLAT. DATE OF INVOICE: MARCH 03, 1999 PLAT REVIEWED BY: SAM PHELPS, COUNTY SURVEYOR DESCRIPTION OF SERVICES: REVIEW PLAT SUBMITTED TO COUNTY. 1 HR. @ $40.00 P/H $40.00 SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT ME AT YOUR CONVENIENCE. AS GARFIELD COUNTY SURVEYOR County Courthouse Bldg. 109 Eighth Street Glenwood Springs, CO 81601 (970) 945-9158 Samuel Phelps Garfield County Surveyor Private Office 1001 Grand Avenue, Ste. 205 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: (970) 945-8565 • • HARTERT & WILSON 210 TENTH STREET GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE (970) 928-9665 FACSIMILE (970) 928-9680 Garfield County Planning Department Attention: David Barbee 109 8th Street Glenwood Springs, CO 81601 HAND DELIVERED ATTORNEYS AT LAW March 4, 1999 GERALD D. HARTERT RONALD M. WILSON RE: Simon Subdivision Exemption/Amended Plat of a Portion of Peach Valley Orchard Subdivision Dear Mr. Barbee: I have been requested by my client, David Hicks, to submit the following documents to you in connection with the referenced applications: 1. Well sharing provisions of the proposed Declarations for the Simon Subdivision Exemption (Article IX) and further provisions of the proposed Declarations which restrict any amendment or modification of the Declarations with regard to the aforementioned well sharing provisions without prior written approval of the County Commissioners. 2. Well sharing provisions of the proposed Declarations for the Amended Plat of a Portion of Peach Valley Orchard Subdivision, these provisions again being under Article IX, and provisions restricting amendment and modification of the well sharing provisions. 3. Results of 72 -hour well test conducted by Samuelson Pump Co., Inc. on the Simon Well (erroneously referred to in the document as the "Simmons Well"). 4. Water System Supply Requirements prepared by Water Resources Consultants, LLC to confirm that the undivided interest in the water well being dedicated to the Homeowners Associations in both the Simon Exemption and the Peach Valley Orchard Subdivision is more than adequate to the purpose of providing a domestic water supply to all 18 lots. You will note that this report refers to "Spruce Meadows" however, this is an erroneous reference to the above referenced exemption and subdivision amendment. • • You have previously received the four plats fully executed which are necessary to the procedure required by the County Commissioners and it is the Declarant's intention to present the complete and executed Declarations for the amended subdivision and the sijbdivision exemption at the Commissioners' meeting on March 15, 1999. Please let me know if you have any questions at all in connection with' the enclosed or any aspect of the proceeding. Yours very truly, Gerald D. Hartert GDH/pc Enclosures xc: David Hicks Greg Hall M 77-15 4. General Provisions: S a. The Design Review Committee may assess reasonable fees in connection with the review of plans and specifications. In the event that an application requires extraordinary legal, engineering, or other fees, the Design Review Committee will notify the applicant of the amount of such fees, and the Design Review Committee will not be required to take further action until such extraordinary fees are paid by the applicant. Any costs incurred by the Design Review Committee in processing an individual application shall be considered a Special Assessment against the Lot involved. b. The Design Review Committee may delegate its plan review responsibilities, except final review and approval as may be required by the Design Guidelines, to one or more of its members or architectural consultants retained by the Design Committee. Upon such delegation, the approval or disapproval of plans and specifications by such members or consultants shall be equivalent to approval or disapproval by the entire Design Review Committee. c. The address of the Design Review Committee shall be the address established for giving notice to the Association, unless otherwise specified in the Design Guidelines. Such address shall be the place for the submittal of plans and specifications and the place where the current Design Guidelines shall be kept. d. The Design Review Committee shall approve or disapprove any plans and specifications submitted to it, in writing, in accordance with the Design Guidelines within a period of thirty (30) days. 5. The foregoing notwithstanding, none of the provisions of this Article VIII shall be operable or applicable as to Lot 4 nor shall the Design Review Committee have any right to enforce the provisions hereof against the Owner of Lot 4. ARTICLE IX 1Z/7* --WATER WELL AND RELATED FACILITIES AND IRRIGATION WATER AND SYSTEM A. Water Well. The Water Well as defined below shall be jointly operated, maintained and repaired by the Association for the benefit of the individual Lot Owners and by the Declarant as co-owner thereof, upon the following terms and conditions: 1. Upon the recordation of the Plat and this Declaration, the Declarant shall transfer to the Association an undivided eight percent (8.0%) interest in the Water Well for purposes of providing a water supply for domestic in-house and limited seasonal outside irrigation to each of Lots 1, 2, 3 and 4. The Owner of each of such Lots shall be entitled an equal proportionate share 14 • • of the water produced by the Water Well based on the total undivided interest therein to be transferred to the Association as aforesaid. As used herein, the term "Water Well" shall mean the water well known as the "Simon Well", existing and in place on Lots 1 and 2; the physical structure thereof including appurtenant facilities, pumps, pipelines and other water delivery or storage facilities; the Well Permit No. 049153F, and the decree adjudicating the water right as the Simon Well in Case No. W-1452 in the District Court in and for Water Division No. 5, State of Colorado. 2. Meters shall be installed at the Lot Owner's expense to measure flow and usage from the Water Well, and no Lot Owner shall waste water or use more water than a proportionate one-fourth (1/4th) share of the production from the undivided interest in the Water Well to be transferred to the Association hereunder. 3. The transfer by the Declarant of the aforesaid undivided interest in the Water Well shall be subject to a provision whereby such entire interest in the Water Well so transferred shall revert to the Declarant upon the occurrence of the event provided in Paragraph 5 of the Notes appearing on the Plat requiring the Owners of Lots 1, 2 and 3 to connect to a central water system and to disconnect their services from the Water Well. Upon such occurrence, the Association shall deliver to Declarant or Declarant's successor in interest, a good and sufficient special warranty deed reconveying such undivided interest in the Water Well as aforesaid. 4. In addition to domestic in-house use, a Lot Owner may irrigate not more than 1,000 square feet of garden and landscaping but only during those periods prior to the commencement and subsequent to the cessation of the irrigation season and subject always to the Rules and Regulations of the Association. 5. Declarant, as Association Manager and as owner of the remaining ninety-two percent (92.0%) interest in the Water Well, shall administer the Water Well from the standpoint of its operation, maintenance, repair and replacement and shall submit on a monthly basis billings for all costs associated with such described activities and the Association shall remit its share of such costs within 10 days of receipt of such billings. 6. Declarant, as owner of an undivided ninety-two percent (92.0%) interest in the Water Well, shall have the right to use the same for any purpose permitted by the aforesaid decree adjudicating the Water Well either on Lot 4 or on any part of the lands comprising the aforesaid Second Amended Final Plat of a Portion of Peach Valley Orchard and may freely transfer ownership of all or any portion of such undivided interest in the Water Well without affecting Declarant's right to the reversion of the interest to be transferred to the Association all as provided above. B. Irrigation Water and Systems. Upon recordation of the Plat and this Declaration, the Declarant shall transfer to the Association an interest in the irrigation water rights presently owned by Declarant for purposes of irrigating those portions of Lots 1, 2 and 3 which have been historically irrigated by water from The Farmers Irrigation Company and the Silt Water Conservancy 15 • • 2. Indemnification. The Association shall indemnify Declarant and any persons acting in the capacity of Association Manager against any and all expenses, including attorneys' fees and costs reasonably incurred by or imposed upon said Declarant or Association Manager in connection with any action, suit or other proceeding (including settlement of any suit or proceeding) to which the Declarant or Association Manager may be a party by reason of any actions, contracts, agreements or other activity undertaken by the Declarant or Association Manager before or after the making of this Declaration. The Declarant or Association Manager shall not be liable for any mistake of judgement, negligent or otherwise, except for willful misfeasance, malfeasance, misconduct or bad faith. The Declarant or Association Manager shall have no personal liability with respect to any contract or other commitment made by them, in good faith, with respect to the Simon Subdivision Exemption or Common Facilities or otherwise, on behalf of the Association, and the Association shall indemnify, save and forever hold such Declarant or any Association Manager free and harmless against any and all liability to any other party on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which Declarant or any Association Manager may be entitled in this regard. 3. Amendment or Modifications. (a) This Declaration may be amended or modified in any particular by the Declarant so long as Declarant is the Owner of two (2) or more Lots, except that any amendment or modification to the provisions of Article IX hereof shall require the written approval and concurrence of the Board of County Commissioners of the County. / (b) At any time subsequent to the conveyance of at least three (3) of the Lots by V Declarant, the Lot Owners may amend or modify this Declaration in any particular by a written instrument executed by the Owners of not less than three (3) of the Lots, and recorded in the records of the County. Provided, however, that no such amendment or modification of the provisions of Article IX hereof shall be effective unless the aforementioned instrument is also executed and approved by The Board of County Commissioners of the County and by the Owner of Lot 4. Provided further, that no such amendment or modification of this Declaration which affects or purports to affect any rights accorded to or reserved by the Declarant herein or which imposes any additional use or building restrictions on Lot 4 shall be operable or effective unless the aforementioned instrument of amendment or modification is also executed by the Declarant and, as the case may be, the Owner of Lot 4. 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 5. Perpetuities. If any of the covenants, conditions and restrictions of this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the longest lived member of the presently constituted Board of County Commissioners of the County. 17 4. General Provisions: 62/(__Lt4/1-t(/-- a. The Design Review Committee may assess reasonable fees in connection with the review of plans and specifications. In the event that an application requires extraordinary legal, engineering, or other fees, the Design Review Committee will notify the applicant of the amount of such fees. and the Design Review Committee will not be required to take further action until such extraordinary fees are paid by the applicant. Any costs incurred by the Design Review Committee in processing an individual application shall be considered a Special Assessment against the Lot involved. b. The Design Review Committee may delegate its plan review responsibilities, except final review and approval as may be required by the Design Guidelines, to one or more of its members or architectural consultants retained by the Design Committee. Upon such delegation, the approval or disapproval of plans and specifications by such members or consultants shall be equivalent to approval or disapproval by the entire Design Review Committee. c. The address of the Design Review Committee shall be the address established for giving notice to the P.V.O. Association, unless otherwise specified in the Design Guidelines. Such address shall be the place for the submittal of plans and specifications and the place where the current Design Guidelines shall be kept. d. The Design Review Committee shall approve or disapprove any plans and specifications submitted to it, in writing, in accordance with the Design Guidelines within a period of thirty (30) days. ARTICLE IX WATER WELL AND RELATED FACILITIES AND IRRIGATION WATER AND SYSTEM A. Water Well. The Water Well as defined below shall be jointly operated, maintained and repaired by the Association for the benefit of the individual Lot Owners and by the Declarant as co-owner thereof, upon the following terms and conditions: 1. Upon the recordation of the Plat and this Declaration, the Declarant shall transfer to the P.V.O. Association an undivided twenty-seven percent (27.0%) interest in the Water Well for purposes of providing a water supply for domestic in-house and limited seasonal outside irrigation to each of the Lots comprising the P.V.O. Subdivision. The Owner of each of such Lots shall be entitled an equal proportionate share of the water produced by the Water Well based on the total undivided interest therein to be transferred to the P.V.O. Association as aforesaid. As used herein, the term "Water Well" shall mean the water well known as the "Simon Well", existing and in place on Lots 1 and 2 of the aforesaid Amended Final Plat Simon Subdivision Exemption; the physical structure thereof including appurtenant facilities. pumps, pipelines and other water delivery 14 • • or storage facilities; the Well Permit No. 049153F. and the decree adjudicating the water right as the Simon Well in Case No. W-1452 in the District Court in and for Water Division No. 5, State of Colorado. 2. Meters shall be installed at the Lot Owner's expense to measure flow and usage from the Water Well. and no Lot Owner shall waste water or use more water than a proportionate one -fourteenth (1/14th) share of the production from the undivided interest in the Water Well to be transferred to the P.V.O. Association hereunder. 3. The transfer by the Declarant of the aforesaid undivided interest in the Water Well shall be subject to a provision whereby such entire interest in the Water Well so transferred shall revert to the Declarant upon the occurrence of the event provided in Paragraph 5 of the Notes appearing on the Plat requiring the Owners of the Lots comprising P.V.O. Subdivision to a central water system and to disconnect their services from the Water Well. Upon such occurrence, the P.V.O. Association shall deliver to Declarant or Declarant's successor in interest, a good and sufficient special warranty deed reconveying such undivided interest in the Water Well as aforesaid. 4. In addition to domestic in-house use, a Lot Owner may irrigate not more than 1.000 square feet of garden and landscaping but only during those periods prior to the commencement and subsequent to the cessation of the irrigation season and subject always to the Rules and Regulations of the P.V.O. Association. 5. Declarant, as Association Manager and as owner of the remaining seventy- three percent (73.0%) undivided interest in the Water Well, shall administer the Water Well from the standpoint of its operation, maintenance, repair and replacement and shall submit on a monthly basis billings for all costs associated with such described activities and the P.V.O. Association shall remit its share of such costs within 10 days of receipt of such billings. 6. Declarant, as owner of an undivided seventy-three percent (73.0%) interest in the Water Well, shall have the right to use the same for any purpose permitted by the aforesaid decree adjudicating the Water Well either on Lot 4 or on any part of the lands comprising the aforesaid Amended Final Plat Simon Subdivision Exemption and may freely transfer ownership of all or any portion of such undivided interest in the Water Well without affecting Declarant's right to the reversion of the interest to be transferred to the P.V.O. Association all as provided above. B. Irrigation Water and Systems. Upon recordation of the Plat and this Declaration, the Declarant shall transfer to the P.V.O. Association an interest in the irrigation water rights presently owned by Declarant for purposes of irrigating the Lots comprising the P.V.O. Subdivision by water from The Farmers Irrigation Company and the Silt Water Conservancy District (the "District"). The irrigation water rights to be transferred shall be transferred to the joint ownership of the P.V.O. Association and the Simon Subdivision Exemption Homeowner's Association and such water rights shall be used for irrigation of Lots 9, 10, 11. 12, 14, 15, 16, 17, 18, 19, 20, 23, 24 and 25 of P.V.O. Subdivision and of Lots 1, 2 and 3 of Simon Subdivision Exemption. Such water 15 • • rights to be so transferred shall entitle the Owners of all of the last described seventeen (17) Lots to use of not more than 100 gallons per minute, in the aggregate, during the irrigation season. The amount of water available to each of such seventeen (17) Lots shall be allocated by the P.V.O. Association and the Simon Subdivision Exemption Homeowner's Association, jointly, or by the District, as the case may be, based on Lot acreage. Charges for water from the District will be included in the general ad valorem taxes assessed against Lots served thereby and charges for water furnished by The Farmers Irrigation Company will be paid to Declarant by the P.V.O. Association and Simon Subdivision Exemption Homeowner's Association based upon. periodic billings from Declarant. The P.V.O. Association and Simon Subdivision Exemption Homeowner's Association shall, in turn, bill all the respective lot owners for allocated amounts of water when Annual Assessments are made and billed by the P.V.O. Association and Simon Subdivision Exemption Homeowner's Association, respectively. The water from the above sources shall be used, administered and applied by the Owners of all seventeen (17) above described Lots in accordance with Rules and Regulations jointly promulgated by the P.V.O. Association and Simon Subdivision Exemption Homeowner's Association, including without limitation, the scheduling of use on each Lot. All irrigation shall be accomplished by and through the Irrigation Systems required to be installed and maintained on each of the above described seventeen (17) Lots under the provisions of paragraph 18, Article VII hereof and the provisions of the Declaration of Covenants Conditions and Restrictions for Amended Final Plat Simon Subdivision Exemption. ARTICLE X CONDEMNATION Whenever all or any part of the Common Facilities shall be taken (or conveyed in lieu of and under threat of condemnation, by the P.V.O. Association through Owners Action) by any authority having the power of condemnation or eminent domain, each Lot Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto, unless otherwise prohibited by law. The award made for such taking shall be payable to the P.V.O. Association and used for its purposes herein enumerated. ARTICLE XI GENERAL PROVISIONS 1. Term. The covenants, conditions and restrictions of this Declaration shall run with title to the Lots and shall inure to the benefit of the Lot Owners and shall be enforceable by the Declarant, the Association, its Association Manager or any of the Lot Owners. 2. Indemnification. The P.V.O. Association shall indemnify Declarant and any persons acting in the capacity of Association Manager against any and all expenses, including attorneys' fees and costs reasonably incurred by or imposed upon said Declarant or Association Manager in connection with any action, suit or other proceeding (including settlement of any suit or proceeding) 16 to which the Declarant or Association Manager may be a party by reason oFany actions, contracts, agreements or other activity undertaken by the Declarant or Association Manager before or after the making of this Declaration. The Declarant or Association Manager shall not be liable for any mistake of judgement, negligent or otherwise, except for willful misfeasance, malfeasance, misconduct or bad faith. The Declarant or Association Manager shall have no personal liability with respect to any contract or other commitment made by them, in good faith, with respect to the P.V.O. Subdivision or Common Facilities or otherwise, on behalf of the P.V.O. Association, and the P.V.O. Association shall indemnify, save and forever hold such Declarant or any Association Manager free and harmless against any and all liability to any other party on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of anv other rights to which Declarant or any Association Manager may be entitled in this regard. 3. Amendment or Modifications. 1/7(a) This Declaration may be amended or modified in any particular by the Declarant so long as Declarant is the Owner of eight (8) or more Lots, except that any amendment or modification to the provisions of Article IX hereof shall require the written approval and concurrence of the Board of County Commissioners of the County. (b) At any time subsequent to the conveyance of at least eight (8) of the Lots by VDeclarant. the Lot Owners may amend or modify this Declaration in any particular by a written instrument executed by the Owners of not less than eight (8) of the Lots, and recorded in the records of the County. Provided, however, that no such amendment or modification of the provisions of Article IX hereof shall be effective unless the aforementioned instrument is also executed and approved by The Board of County Commissioners of the County and by the Owner of Lot 4 of Amended Final Plat Simon Subdivision Exemption. Provided further, that no such amendment or modification of this Declaration which affects or purports to affect any rights accorded to or reserved by the Declarant herein shall be operable or effective unless the aforementioned instrument of amendment or modification is also executed by the Declarant. 4. Severabilitv. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 5. Perpetuities. If any of the covenants, conditions and restrictions of this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the longest lived member of the presently constituted Board of County Commissioners of the County. 6. Non -Waiver. The failure of Declarant, the P.V.O. Association, the Association Manager. or a Lot Owner to object to anv breach of or failure to comply with the provisions of this Declaration or any Rules and Regulations by a person subject thereto shall in rto event be deemed a waiver of any right to object to the same and to seek compliance therewith at any time. 17 • • 7. Captions. Article and section captions, headings or titles inserted throughout this Declaration are intended solely as a means of convenience and reference and in no way shall such captions, headings or titles define, limit or in any way affect any of the substantive terms and provisions of this Declaration. 8. Context. Whenever the context requires, any pronoun used herein shall be deemed to mean both the feminine and masculine gender, and the singular shall be deemed to also encompass the corresponding plural. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this day of March, 1999. STATE OF COUNTY OF ) ss. SONIA L. SIMON AS PERSONAL REPRESF�NTATIVE OF THE ESTATE OF FRED I. SIMON DECLARANT The foregoing instrument was acknowledged before me this day of 1999 by Sonia L. Simon, as Personal Representative of the Estate of Fred I. Simon, Declarant. Witness my hand and official seal. My commission expires SEAL Notary Public 18 • • Water System Supply Requirements for Spruce Meadows Silt, Colorado No of Resr6Mee5 15 Month [ In -House 1 Stock L Dail Demand per Residence. GPO Trees / Sh 1. s 'L Lawn J TOTAL F Sistsn+ Demand lc 111 Reso04ne.s GPD I Ave GPM 31 Peak I. Pump On Jan 350 55 Feb 350 55 214 Mar 350 55 214 Apr 350 55 214 86 May 350 55 Jun 350 55 Jul 350 55 Aug 350 55 Sep 350 55 Oct 350 55 214 86 Nov 350 55 214 Dec 350 55 '88388'88'8 405 7,290 5 1 12 7 14% 619 11,142 7.7 193 22% 639 11 502 8 0 20 0 23% 725 13.050 9 1 22 7 2614 425 7.650 53 133 15% 425 7.650 5 3 13 3 1596 425 7.650 5.3 13.3 15% 425 7.650 5 3 13 3 15% 425 7,650 5.3 13.3 15% 725 13.050 9.1 22.7 2696 619 11.142 7 7 19 3 22% 405 7,290 51 12.7 14% cOLUMV NOTES usaoe Dem ovation 0.Q 1 In-house 3 5 • 100 Dairy, 44 12 months Based on 100 gal /person / day 122 pome5uc and 3 5 person occupancy Total = 350 2 HpSes 3 • 10 [gpa Dairy, as 12 moms 30 4H M+mal6 5 ' 5 god Dally, all 12 maxi re i TOW = 55 3 Trees 10 ` 100 gp0 Feb, Mar. Apr. Oct. Nov. water once per week 143 Shrubs 10 ` 50 gpd Feb. Mar. Apr. Oct. Nov. water or1C5 per week 711 Total = 214 4 Lawn 5 gprm ' Mrs Apnl. Oct once per week 86 Total = 86 5 Maintenance 20 9pd Vet>rde washing. general maintenance, Mar - Oct ZQ Total ■ 20 6 Total daily demand In gefons for each re90ence Sum 01 columns (1) through (5). 7 Cot. (6) ' 18 residences. Total average gal /day requred for at 18 residences_ 8 C. (7 ) / 1.440 mwrl/day. Average Dow rate. gpm 9 C. (8) ' 2 5 peelong factor Peak flow rate, recured to size AstnbuVon system 10 C. (8) / 35 gpm average pu►psng rale from wel Percentage of time pump rel reed torn to Supply demand. Water Resource Constftants. LLC 203-1 205/99 Water Demand xis Feb -25-99 02:03P PRINCE CREEK 970 963 2140 P.01 • • Spruce Meadows Subdivision InSgation Water Distribution Simon Exemption Lot Number Acreage Percent of Total Lot 1 3.71 8.01% Lot 2 4.81 7.79% Lot 3 4.80 7.77% Peach Valley Orchard Subdivision Lot Number Acreage Percent of Total Lot 9 228 3.6994 Lot 10 2.28 3.69% Lot 11 2.28 3.69% Lot 12 2.27 3.67% Lot 14 5.19 8.40% Lot 15 3.78 13.12% Lot 18 3.83 5.88% Lot 17 3.84 5.89% Lot 18 3.61 5.84% Lot 19 3.55 5.7594 Lot 20 3.65 5.91% Lot 23 3.85 5.91% Lot 24 3.64 5.8094 Lot 25 5.01 8.11% Total 81.78 100.00% Feb -19-99 07:19A P.01 • • SAMUELSON PUMP CO. INC. P.0- BOX 207 WATER SYSTEMS GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION COLORADO 81602 945-6309 February 18, 1999 David Hicks 1051 Co. Rd. 111 Carbondale, Co. 81623 R.E. Well Test Simmons Well Attn; David On February 2 Thru 5, 1999 a 72 hr. well test was conducted on the Simmons Well. The following information was obtained; Well Depth 21'-0" Casing hand dug well Standing water level 8'-0" Total test time 72 hrs. Max drawdown at 33 gpm 12'-1 1/2" Production is greater than 33 gpm. This test was conducted with a 3 hp. Sta-Rite submersible Model 40P. The test was started at 60 gpm_ The flow was adjusted back to 42.85 gpm at 40 min. The water level declined to 15'-6" at 6 hrs. At 6 hrs. the flow rate was reduced to 33 gpm for the remainder of the test. The well during the remainder of the test recovered back to 12'-1 1/2". This would indicate a total production between 33 to 43 gpm. The well recovered back to 9'-0" in 30 min. If you have questions please call me Raun Samuelson at 945-6309. Sincerely; Raun Samuelson cc Garfield County FAX 928-9680 Attn; Jerry or John Barbie mina m% es 4 Ji Li Gs s X* N 4\ 3 D (1 4.4 C m DRAWI C. W O O 120 0 0 0 40 O O N N O Cu 01 ' A W N- O Z P-' ^_7„ N HP"?' A `c N '0 wW Nv..�i ...4. ...J.; o.W''`46;'a7�,p,J VI ZS. N � A+.1,i� �w `= 1 NJ N 11 41 O -,Ci ..Z)r7'0°Q iiil t-•to..o0 aze LEVEL w u ` 1 N4 v G7 O O U. N 0 3 m OD O CO O LII 4/. (J N- O Z _rte ( r\. IECOVERY 1 1` O A , __ 1 A.^J ___ 1- (-1- v Feb -19-99 07:19A v 3 P.02 v ,AJ Feb -19-99 07:19A • • SAMUELSON PUMP CO. INC. P.O. BOX 297 WATER SYSTEMS GLENWOOD SPRINGS COLORADO 81802 February 18, 1999 David Hicks 1051 Co. Rd. 111 Carbondale, Co. 81623 R.E. Well Test Simmons Well Attn; David SALES, SERVICE & INSTALLATION 945-6309 On February 2 Thru 5, 1999 a 72 hr. well test was conducted on the Simmons Well. The following information was obtained; Well Depth 21'-0" Casing hand dug well Standing water level 8'-0" Total test time 72 hrs. Max drawdown at 33 gpm 12'-1 1/2" Production is greater than 33 gpm. This test was conducted with a 3 hp. Sta-Rite submersible Model 40P. The test was started at 60 gpm. The flow was adjusted back to 42.85 qpm at 40 min_ The water level declined to 15'-6" at 6 hrs. At 6 hrs. the flow rate was reduced to 33 gpm for the remainder of the test. The well during the remainder of the test recovered back to 12'-1 1/2". This would indicate a total production between 33 to 43 gpm. The well recovered back to 9'-0" in 30 min. If you have questions please call me Raun Samuelson at 945-6309. sincerely; �% Raun Samuelson cc Garfield County FAX 928-9680 Attn; Jerry or John Barbie P.O1 Feb -19-99 07:19A • NI n -•• .J J • . A a w r w C > c m 0 30 X Q Z r, Va _ Z W o 7 r - O 0 O 0 O O O W O N O 4/1 _ N O O 0) .11.41N-.0 3 Z . N i- '� W_ 1 ` b``' 1` 1 1� 1 �. 1 ` I $ 1 4. I- W I - ( N N 1 N I 1 I * ( .- ` C 1~ c0;)O 1 1 LEVEL 1 "14W N C. ` L) v r 41 Co N u tT N .+ C -r R m O! O U Co OD Oo U ♦ 0 N 1 -o O N g Z r :ECOVERY 1� it I' ..3 Iii \ -A 1 3 '4) () .�1 P.02 • WELL SHARING AGREEMENT AND DECLARATION FOR SIMON SUBDIVISION EXEMPTION • 4/0/ 4�iy/99 THIS DECLARATION AND WELL SHARING AGREEMENT made this day of April, 1999, by S.M.I., L.L.L.P., a Colorado limited liability partnership (hereafter "1)eclarant") for the benefit of the future owners and grantees of fee title to the following described real property situate in the County of Garfield, State of Colorado, to wit: Lots 1, 2, 3, and 4 of Final Plat Simon Subdivision Exemption as the same is recorded as Reception No. in the office of the Clerk and Recorder of Garfield County, Colorado (the "Plat"). RECITALS WHEREAS, Declarant is the owner of fee title to all of the above described real property, as well as that certain water well known and described as the "Simon Well," existing and in place on the above described Lots 1 and 2, the physical structure thereof including appurtenant structures, facilities, pumps, pipelines and other water delivery or storage facilities, the Well Permit No. 049153F, and the decree adjudicating the water right as the Simon Well in Case No. W-1452 in the District Court in and for Water Division No. 5, State of Colorado (hereinafter the "Simon Well") AND WHEREAS, Declarant desires to dedicate a portion of the Simon Well for the use and benefit of the future owners and grantees of fee title to each of the above described Lots 1, 2, 3, and 4, for purposes of providing a domestic water supply thereto upon the express terms and conditions hereinafter provided. DECLARATION NOW THEREFORE, Declarant hereby declares that all of the above described Lots 1, 2, 3, and 4, individual and collective (the "Lots"), comprising the Simon Subdivision Exemption shall be held, transferred, sold, conveyed and occupied subject to the following covenants, conditions and provisions with regard to the Simon Well and that such covenants, conditions and provisions shall run with title to the Lots and be binding on all owners or other parties having any right, title or interest in the Simon Subdivision Exemption. 1. Following the recordation of the Plat and this Declaration_ and upon the sale and conveyance of each of the respective Lots, Declarant shall transfer by quit claim deed to the purchaser and grantee of each such Lot a one -eighteenth (1/18th) undivided interest in the Simon Well. The owner of each of such Lots shall be entitled to a proportionate ;flare of the water produced by the Simon Well based on such undivided interest to be transferred as aforesaid. 1 2. Meters shall be installed at the expense of each such Lot owner to measure flow and usage from the Simon Well, and no Lot owner shall waste water or use more water than the proportionate share of the production from the undivided interest in the Simon Well to be transferred hereunder. 3. The transfer by the Declarant of the aforesaid respective undivided interests in the Simon Well shall be subject to a provision whereby each of such interests in the Simon Well so transferred shall revert to the Declarant upon the occurrence of the event provided in Paragraph 5 of the Notes appearing on the Plat requiring the owners of Lots 1, 2, and 3 to connect to a central water system and to disconnect their services from the Simon Well. Upon such occurrence, the respective Lot owners shall deliver to Declarant or Declarant's successor in interest to the balance of the interest in the Simon Well, a good and sufficient special warranty deed reconveying such entire undivided interest in the Simon Well as aforesaid. 4. In addition to domestic in-house use, a Lot owner may irrigate not more than 1,000 square feet of garden and landscaping but only during those periods prior to the commencement and subsequent to the cessation of the surface irrigation season. 5. Declarant, as owner of the remaining seven -ninths (7/9ths) undivided interest in the Simon Well, or Declarant's successor in ownership thereto, shall administer the Simon Well from the standpoint of its operation, maintenance, repair and replacement and shall submit on a monthly basis billings for all costs associated with such described activities and the individual Lot owners shall remit their respective shares of such costs within 10 days of receipt of such billings. 6. Declarant, as owner of the remaining seven -ninths (7/9ths) undivided interest in the Simon Well, shall have the right to use the same for any purpose permitted by the aforesaid decree adjudicating the Simon Well and may freely transfer ownership of all or any portion of such undivided interest in the Simon Well without affecting Declarant's right to the reversion of the interests to be transferred to the individual Lot owners all as provided above, so long as such transfer does not adversely affect the rights of the individual Lot owners to their use, benefit and production of the Simon Well as herein provided. IN WITNESS WHEREOF, the undersigned Declarant has executed this Well Sharing Agreement and Declaration the day and year first above written. S.M.I., L.L.L.P., a Colorado limited liability company By: General Partner By: General Partner STATE OF COLORADO ) ss. COUNTY OF GARFIELD Subscribed and sworn to before me this day of April, 1999 by David Hicks and Connie Hicks as General Partners of S.M.I., L.L.L.P., a Colorado limited liability company. Witness my hand and official seal My commission expires: SEAL 3 Notary Public DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SECOND AMENDED FINAL PLAT OF A PORTION OF PEACH VALLEY ORCHARD SUBDIVISION THIS Declaration of Covenants, Conditions and Restrictions for Second Amended Final Plat of a Portion of Peach Valley Orchard Subdivision (hereafter the "Declaration") is made this day of March. 1999, by Sonia L. Simon. as Personal Representative of the Estate of Fred I. Simon (hereafter referred to as the "Declarant"). RECITALS WHEREAS, Declarant is the owner of that certain real property known as Lots 9, 10, 11 12, 14, 15, 16, 17, 18. 19. 20, 23, 24 and 25, as described on a plat thereof entitled "Second Amended Final Plat of a Portion of Peach Valley Orchard Subdivision" recorded at Reception No. , of the records of Garfield County. Colorado, (the "Plat"), together with all water and water rights, ditches and ditch rights, wells and well rights, well permits, easements and rights-of- way to be made appurtenant to or used upon or in connection with said above described Lots, and all other appurtenances thereto, and certain other common facilities (collectively the "P.V.O. Subdivision"); and WHEREAS, Declarant has created an unincorporated non-profit association pursuant to the Colorado Uniform Unincorporated Non Profit Association Act, Colorado Revised Statutes 7-30-101 et seq., known as the Peach Valley Orchard Homeowner's Association (hereafter the "P.V.O. Association") for purposes of owning, maintaining and administering the common facilities as hereafter described and defined, the members of which P.V.O. Association shall be the owners of the aforesaid individual Lots and which P.V.O. Association shall also administer and enforce the covenants. conditions and restrictions herein set forth and collect and disburse the assessments and charges hereinafter provided; and WHEREAS, Declarant desires to provide a flexible and reasonable procedure for the overall operation of the P.V.O. Subdivision. and to establish a method for the administration, maintenance, preservation, control, use, and enjoyment of the P.V.O. Subdivision, as well as provide for the enforcement of the restrictions, covenants and conditions hereinafter set forth. 1 • • DECLARATION NOW THEREFORE, Declarant hereby declares that all of the Lots, individual or collective, comprising the P.V.O. Subdivision. shall be held. transferred, sold. conveyed and occupied subject to the following covenants, conditions and restrictions which are established for the purpose of protecting the value and desirability of the P.V.O. Subdivision and which shall run with title to the Lots and be binding on all owners or other parties having any right. title or interest in the P.V.O. Subdivision. ARTICLE I DEFINITIONS 1. Armual Budget. "Annual Budget" shall mean the calendar year estimates of P.V.O. Association expenses and expenditures upon which the Annual Assessment shall be based, which budget shall be prepared by the Association Manager, all as more particularly provided in Article VI below. ?. Annual Meeting. "Annual Meeting" shall mean the meeting of all members of the P.V.O. Association to occur once a year for the primary purposes of approving the Annual Budget and selecting the Association Manager, but at which meeting any other business matters of the Association may be raised and addressed. 3. Annual and Special Assessments. "Assessments" shall mean all assessments, Annual and Special. for Common Expenses of the P.V.O. Association, and all installments thereof, with interest thereon and costs of collections, including reasonable attorney's fees, all as more particularly defined and provided in Article VI below. 4. Association. "Association" means the Peach Valley Orchard Homeowner's Association. a Colorado unincorporated nonprofit association whose members shall be the respective Owners of the Lots comprising P.V.O. Subdivision. 5. Common Expenses. "Common Expenses" shall mean the expenses incurred by the P.V.O. Association under the provisions of this Declaration and which are payable by the Lot Owners upon assessment. Such Common Expenses shall include costs of maintenance and repair of the roads and streets dedicated to the public on the Plat. 6. Association Manager. "Association Manager" shall mean a person who shall be a Lot Owner and Member of the Association, and who shall be responsible for preparing the Annual Budget. collecting Annual and Special Assessments and other revenues. disbursing funds for Common Expenses. calling special meetings and otherwise managing the administrative affairs.of • • the Association. The Association Manager shall be the Declarant or Declarant's successor in interest as herein provided. at all times during which Declarant or her said successor shall own any of the Lots comprising P.V.O. Subdivision. 7. Common Facilities. "Common Facilities" shall mean all real property, or interests in real property. improvements thereto. and personal property now or hereafter owned by the P.V.O. Association through dedication. conveyance, or assignment by the Declarant to the P.V.O. Association or acquired by the P.V.O. Association through Owners Action for the common use and enjoyment of all Lot Owners, and more particularly described in Article IV below. There are expressly excluded from the Common Facilities, any easements, facilities, property and structures the purpose and appurtenant nature of which are to serve or benefit less than all of the Lots in P.V.O. Subdivision. including without limitation, domestic water service lines, irrigation ditch laterals and utilities designed to serve, benefit and be appurtenant to one or more but less than all of the Lots. Any such excluded facilities. easements, property and structures shall be controlled, operated and maintained by the Owners of the Lot or Lots served thereby as appurtenant thereto at such Owner or Owners' expense. 8. Declarant. "Declarant" shall mean Sonia L. Simon, as Personal Representative of the Estate of Fred I. Simon and her immediate successor in interest to ownership of all of the Lots comprising P.V.O. Subdivision. 9. Declaration. "Declaration" shall mean the covenants, conditions, restrictions and all other terms or provisions set forth in this document as the same is recorded in the records of Garfield County, Colorado, and as the same may be amended from time to time in accordance with the provisions hereof with such amendments being likewise recorded. 10. Lot/ Lots. "Lot" or "Lots" shall mean each of Lots Lots 9, 10, 11 12, 14, 15, 16, 17. 18. 19. 20, 23, 24 and 25 of the P.V.O. Subdivision according to the Plat. 11. Lot Owner or Owner. "Lot Owner" or "Owner" means the person, persons, entity or entities who or which together shall comprise the record owner of fee simple title to a Lot. 12. Member. "Member" shall mean a person or entity which, by virtue of their status as a Lot Owner. is deemed to enjoy the membership privileges and responsibilities in the P.V.O. Association. • 13. Owners Action. "Owners Action" shall mean a written statement of action to be taken by the P.V.O. Association which statement shall be executed by no less than the Owners of eight (8) Lots or their respective authorized representatives. 14. Rules and Regulations. "Rules and Regulations" shall mean the rules, regulations, guidelines. policies and standards as may be adopted and approved by Owners Action as provided 3 • • in this Declaration governing the use of the Lots and the use, operation. maintenance, and administration of the Common Facilities. ARTICLE II PROPERTY RIGHTS AND USE OF PROPERTY 1. Lots. All Lots shall be used only for the construction. use and occupancy of and as single-family dwellings and customary accessory uses. or as permitted by_ the further provisions hereof. ?. Common Facilities. Subject to the limitations set forth in this Declaration and any Rules and Regulations adopted by the P.V.O. Association pursuant to the provisions of this Declaration. each and every Lot Owner. shall have the right to the use, enjoyment and benefit of the Common Facilities. 3. Appurtenance of Interests. Any legal or beneficial interests in the Common Facilities which inure to a Lot Owner by virtue of such ownership are appurtenant to the Lot owned, with or without specific reference to such appurtenance in any deed which may convey the Lot. For purposes of general ad valorem property assessment and taxation, said interest in such Common Facilities shall be considered a part of the Lot and taxes upon the Common Facilities shall be assessed against each Lot and paid in equal proportions of one -fourteenth (1/14th) by the Owner of each Lot. 4. Governance of Subdivision. Subject to rights, interests and authority expressly reserved to the Declarant herein, all of the authority regarding the operation, maintenance, repair, administration and control of the Common Facilities shall be vested in the P.V.O. Association and the Lot Owners through their right to participate by Owner Action in governance of the Subdivision and all of its Common Facilities as said rights are more fully described in this Declaration. 5. Waiver of Right to Partition. Each Lot Owner irrevocably waives his right to statutory partition of the Common Facilities. 6 Enforcement. The P.V.O. Association. by Owners Action. the Declarant; any Lot Owner, or the Owner of Lot 4 of Amended Final Plat of Simon Subdivision Exemption recorded in the records of Garfield County, Colorado as Reception No. (hereafter "Lot 4 Simon Subdivision Exemption") shall have the right to enforce the covenants. conditions and restrictions contained in this Declaration by any legal or equitable means necessary and available including actions for damages and injunctive relief. In the event of any such action, the P.V.O. Association, Declarant or Lot Owner or Owners, if they prevail in said action, shall be entitled to receive reasonable attorney's fees and costs from the Lot Owner or Owners found to be in violation of this Declaration. 4 ARTICLE III MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION 1. The owner of record of fee simple title to each Lot shall be a Member of the Association. For purposes of this Declaration. if a Lot is owned by more than one person, all of the persons owning an interest in fee simple title to the Lot shall. in the aggregate, be the Lot Owner thereof and such multiple persons comprising the Lot Owner shall. among themselves, designate one of their number to participate in, and represent the others. in any Association affairs or Owners \ction as herein described. For purposes of participation in Owner Actions and any other voting matters in the P.V.O. Association, a Member owning more than one Lot shall be entitled to one vote for each Lot owned. ?. Except as otherwise herein provided with respect to rights and interests reserved to the Declarant. the ownership, operation. management. maintenance and repairs of the Common Facilities and all P.V.O. Association actions taken with respect thereto shall be undertaken and performed pursuant to Owners Action. The P.V.O. Association shall have the exclusive power and authority to manage any affairs regarding the Common Facilities, and such power and authority shall include. without limitation whatsoever, the following authority: a. To own, purchase. lease, install, operate, maintain, repair and replace all or any part of the Common Facilities; b. To adopt such Rules and Regulations as are necessary and appropriate for governing the use and benefits of the Common Facilities; c. To establish and oversee the Annual Budget. for purposes of paying anticipated and contingent expenses related to the Common Facilities; d. To make, determine and collect Annual and Special Assessments for the purpose of paying all Common Expenses. Said Annual Assessments to be determined in accordance with the establishment of the Annual Budgets and as the same are necessary as Special Assessments for extraordinary or unforeseen expenses related to said Common Facilities and which were not included in or provided for under the Annual Budget or which under the provisions hereof are expenses assessed against less than all Lots. All Annual and Special Assessments shall be made on a ratable basis among the Lot Owners, with a one -fourteenth (1/14th) share of the total assessment to be paid by the Owner of each Lot; e. Subject to the provisions of Article I. paragraph 6. to elect at the Annual Meeting by Owners Action, an Association Manager to act. during the upcoming year, on behalf of the P.V.O. Association and in such capacity to exercise all powers of the Association delegated to him by such Owners Action; F. To enforce. by Owners Action. the provisions of this Declaration and any 5 • Rules and Regulations adopted by the P.V.O. Association as provided herein. either through Owners Action or by delegation of such enforcement authority to the Association Manager; g To establish a date certain for the Annual Meeting for the ensuing year and to establish Special Meetings as appropriate and necessary. Written notice of the date, time and place of all Annual and Special Meetings. shall be given to each Member by mailing such notice to each such N Iember at least 20 days prior to the date of such Annual or Special Meeting at the address of each respective Member as the same shall be maintained in the records of the P.V.O. Association. h. To receive and use for the joint and common benefit of all Lot Owners any revenues received by the P.V.O. Association from whatever sources and determination of the specific uses of such funds. i. To take any other action necessary or appropriate to.carry out the purposes herein expressed and to properly maintain the Common Facilities for the use and benefit of the Lot Owners. ARTICLE IV COMMON FACILITIES - DECLARANT'S RIGHT TO JOINT USE The Common Facilities which shall be owned by the Association include, but are not limited to, all designated roads. if any, and improvements thereto shown on the Plat, utility and main ditch easements. water well. storage and pipeline easements, and drainage easements which serve or benefit all Lots in P.V.O. Subdivision. The P.V.O. Association shall maintain and keep in good repair the Common Facilities (and any personal property and improvements associated therewith) and any other improvements to or upon the Common Facilities. Such maintenance shall be funded through the Annual and Special Assessments as provided herein, and revenues received from any other sources. and shall include, but not be limited to, maintenance, repair, and replacement of all other structures and improvements situated upon the Common Facilities all to the end that the safety, appearance and quality of the Common Facilities shall permanently endure. It is understood that all easements described above. shall be non-exclusive and Declarant specifically reserves the right to the joint use of such easements to serve that property known and described•as Amended Final Plat Simon Subdivision Exemption recorded as Reception No. of the records of Garfield County. Colorado. ARTICLE V INSURANCE AND CASUALTY LOSSES 1. Insurance. If deemed necessary. the Association Manager shall have the authority to obtain insurance for all insurable components of the Common Facilities against loss or damage by fire or other hazards. including extended coverage. vandalism. and malicious mischief. This 6 • • insurance shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of danla�ge or destruction from any such hazard. The Association \Manager may also obtain an adequate public liability policy insuring the P.V.O. Association. and its individual Members for all damage or injury caused by the negligence of the P.V.O. Association or anv of its Members. the P.V.O. Association Manager or other agents of the P.V.O. Association. �. Repair and Reconstruction. It the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof. the Association Manager may. without the necessity of any Owners Action. levy a Special Assessment to cover the amount of deficiency. If the funds available from insurance exceed the cost of repair. such excess shall be retained to the benefit of the P.V.O. Association. ARTICLE VI ASSESSMENTS 1. Annual and Special Assessments. All Annual and Special Assessments, together with interest at the legal or statutory rate. costs. and reasonable attorneys' fees, if any. shall be a charge on the land and shall be a continuing lien upon the Lot against which each Annual or Special Assessment and the aforesaid related costs and expenses, is made. Each such Annual or Special Assessment. together with interest, costs and reasonable attorneys' fees. if any. shall also be the personal obligation of the person who was the Owner of a particular Lot at the time the Assessment was made. All such Annual and Special Assessments shall be due and payable within thirty (30) days following the date upon which the Association Manager shall have mailed notice of such Annual or Special Assessment to the Lot Owner obligated to pay the assessment at the address of said Lot Owner as maintained in the P.V.O. Association records. ?. Liens and Foreclosure of Liens. All Annual and Special Assessments shall constitute a lien on each Lot, respectively, prior and superior to all other liens, except (i) all ad valorem taxes. bonds, assessments. and other levies which, by law, would be superior thereto, and (ii) the lien or charge of any first mortgage of record (meaning any recorded mortgage or deed of trust with first priority over other mortgages or deeds of trust) made in good faith and for value. Suit to recover a money judgment for unpaid Assessments. interest and attorneys' fees shall be maintainable without foreclosing or waiving the lien securing the same. Any lien created pursuant to the provisions of this Article VI may be foreclosed under the laws of the State of Colorado in the same manner as a mortgage. 3. Computation of Annual Budget and Annual Assessment. It shall be the duty of the Association Manager at least thirty (30) days prior to the Annual Meeting at which the budget shall be presented to the P.V.O. Association's membership. to prepare a budget covering the estimated • • costs. and appropriate reserve fund amounts for operating the P.V.O. Association during the corning year. The Association Manager shall cause a copy of the budget. and the estimated amount of the Annual Assessments deriving therefrom and to be levied against each Lot for the following year, to be delivered to each Lot Owner with notice of the Meeting. Such budgeting process shall take into account any revenues received or anticipated by the Association from sources other than Assessments. ARTICLE VII ADDITIONAL RESTRICTIONS ON USE AND BUILDING All Lots shall be subject to the following. covenants and restrictions on use and building restrictions. to wit: 1. Violation of Law or Insurance. No Owner shall permit anything to be done or kept in his Lot or in or upon any Common Facilities which will result in the cancellation of insurance thereon; or which would be in violation of any law. or would constitute a violation of any condition or requirement of approval of P.V.O. Subdivision by the Board of County Commissioners of the County. 2. Suns. No sign of any kind shall be displayed to the public view from any Lot or any Common Facility without the approval of the P.V.O. Association or the Design Review Committee. except: (a) such signs a may be used by Declarant in connection with the development and sale of Lots; (b) such signs as may be required by legal proceedings, or the prohibition of which is precluded by law, or, (c) one "for sale" sign which shall not exceed two feet by three feet. Animals. No animals, fowl or reptiles of any kind may be kept, bred, or maintained on any Lot or in or upon any Common Facility except for the following and subject to the following conditions: (a) Not more than two (2) horses may be kept and maintained on a Lot of less than four (4) acres and not more than three (3) horses may be kept and maintained on a Lot containing four (4) acres or more. (b) Not more than two (2) llamas and five (5) sheep may be kept and maintained on each Lot. (c) Not more than twenty (20) hen chickens may be kept and maintained on each (d) One (1) animal of any species may be kept and maintained on each Lot if it is being so kept and maintained in conjunction with a 4-1-1 project or program. Lot. 8 • • (e) In addition to the foregoing. Lot Owners shall be entitled to keep not more than three (3) household pets, other than dogs. on each Lot. (t) No more than one (1) doh` may be kept and maintained on a Lot and then only \with the following restrictions and conditions: (i) 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 on neighboring properties. (ii) Dos shall not be allowed to bark continuously. which shall be defined as barking for a continuous 1 5 -minute period. (iii) The P.V.O. Association shall assess and enforce penalties against Lot Owners violating the foregoing restrictions applying to dogs. in such amounts as the P.V.O. Association may set from time to time. Until the P.V.O. Association acts to set other penalties, they shall be as follows: One Hundred Dollars ($100) for the first violation committed by an Owner's dog: Two Hundred Dollars ($200) for the second violation: Three Hundred Dollars ($300) for the third violation: and for each succeeding violation the fine increases in One Hundred Dollars ($100) increments. Should any dog chase or molest deer, elk, or any domestic animals or destroy or disturb property of another Lot Owner, the P.V.O. Association shall be authorized to prohibit the Lot Owner or resident from continuing to maintain the offending animal on his property. All above penalties shall constitute Special Assessments against the violating Lot Owner. (g) All Lot Owners shall keep their dogs and other household pets reasonably clean, and all Lots shall be free of animal waste and refuse. (h) The P.V.O. Association shall have the right to impose such penalties in addition to any tines which may be imposed under the regulations of the County or the State of Colorado with respect to dogs or other animals. (i) All animals other than dogs and household pets permitted to be kept and maintained on a Lot as above provided shall be confined to a specific fenced area within the Lot designated by the Design Review Committee as a "corral envelope" except when being ridden or transported or except for periods of grazing on other areas of the Lot. In no event shall the Lot Owner permit any area of the Lot outside the corral envelope to be overgrazed or denuded of foliage, with the determination of the existence of the latter conditions to be in the sole judgment and discretion of the Design Review Committee. 4. Nuisances. No Lot Owner shall permit or suffer anything to be done or kept about or within his Lot. which will obstruct or interfere with the rights of other Lot Owners or their property. including generation of unreasonable noises or otherwise. nor will any Lot Owner commit 9 • • or permit any nuisance or commit or suffer any illegal act to be committed on his Lot. Each Lot Owner shall comply with the Association Rules, the requirements of all health authorities and other governmental authorities having jurisdiction over the P.V.O. Subdivision.• 5. Boats. RV's and Motor Vehicles. Except as specifically permitted by the P.V.O. Association Rules. (a) no boats. trailers. buses, motor homes. campers, snowmobiles. all -terrain vehicles. or other vehicles shall be parked or stored in or upon a Lot except within an enclosed garage or fully screened area as permitted by the Design Guidelines; and (b) no vehicle shall be repaired or rebuilt on any Lot except within a garage and then only if such vehicle is owned by the Lot Owner. The P.V.O. Association may remove. or cause to be removed, any unauthorized vehicle at the expense of the owner thereof in any manner consistent with law. 6. Lights. No spotlights. flood lights or other high intensity lighting shall be placed or utilized upon any Lot which in any manner will allow light to be directed or reflected upon any other Lot, or any neighboring property. Security lighting is subject to this provision and must be shielded and directed downward. 7. Antennas. No radio, television or other antennas of any kind or nature, or device for the reception or transmission of radio, microwave or other similar signals, shall be placed or maintained upon any Lot except as may be permitted by the Association Rules or in accordance with the Design Guidelines. A fully shielded 18 inch satellite dish is acceptable. 8. Garbage. No rubbish. garbage or trash, or other waste material shall be kept, or permitted on any Lot so as to be visible from another Lot or the Common Facilities. No incinerators shall be kept or maintained in any Lot. No refuse pile, garbage or unsightly objects shall be allowed to be placed. accumulated or suffered to remain anywhere on a Lot. Trash removal shall be accomplished through contract entered into by the Association and billed as part of the Common Expense. 9. Safe Condition. Without limiting any other provision in this Section, each Owner shall maintain and keep his Lot at all times in a safe, sound and sanitary condition and repair and shall correct any condition or refrain from any activity which might interfere with the reasonable enjoyment by other Owners of their respective Lots or the Common Facilities. 10. Fires Outside Dwellings. Other than commercially manufactured barbecues or properly constructed barbecue pits or grills, and firepits in compliance with the Association Rules and Design Guidelines. or as otherwise expressly permitted in the Association Rules, no open fires shall be permitted on the Lots nor shall any other similar activity or condition be permitted which would tend to increase the insurance rates for the Common Facilities or for other Owners. 10 • • 11. Swimming Pools. Swimming pools or tubs shall be sited in accordance with the Association Rules and with the Design Guidelines. 12. Weed Control. It shall be each Lot Owner's responsibility to control all weeds and thistle on their entire Lot. If weed and thistle control is performed by the P.V.O. Association, a Special Assessment shall be made against the Lot and Lot Owner for the expense thereof 13. No Obstruction of Drainage. No Owner shall erect, construct. maintain, permit or allow any fence or other improvement or other obstruction which would interrupt the normal drainage of the land or within any area designated on the Plat, or other recorded document, as a "drainage easement". except that, with the prior consent of the Design Review Committee, non- permanent structures. including fences, may be erected in those areas which contain only underground closed conduit storm drainage facilities. 14. Rental of Lots. An Owner who leases his Lot shall be responsible for assuring compliance by his lessee with all of the provisions of this Declaration. Association Rules and Design Guidelines, all as amended and supplemented from time to time, and shall be responsible for any violations by his lessee thereof. 15. Resubdivision Prohibited. The resubdivision of a Lot by a Lot Owner is prohibited. Boundary line adjustments which do not result in the creation of additional Lots shall not constitute resubdivision but shall require written approval of the Design Review Committee and shall comply with all requirements of the County. 16. Landscaping and Fencing. The Design Review Committee must approve the type and location of all fences and hedges prior to installation on any Lot. All landscaping shall be completed within six months of issuance of either a TCO (temporary certificate of occupancy) or a CO (certificate of occupancy) by the County. Specifically, if a CO or TCO is obtained from January through July then the landscaping must be completed in the same calendar year. If a CO or TCO is obtained from August through December then the landscaping must be completed before July of the following year. All landscaping shall be properly cared for and maintained. All disturbed areas must be revegitated with vegetation approved by the Design Review Committee. 17. Irrigation System. All Lots must be serviced by a functional underground irrigation system that is approved by the Design Review Committee. The system must be designed by an approved residential irrigation system designer. The list of approved design firms can be obtained from the Design Review Committee. The irrigation system must be controlled by an automatic irrigation controller. The irrigation system must be maintained in operating order so as to be operable whenever needed to the end that all grass and other landscaping shall be appropriately maintained. Such irrigation systems shall be operated using the irrigation water as provided in Article IX B. hereof and shall be subject to the conditions therein set forth. 11 • • 18. Woodburning Stoves and Fireplaces. No open-hearth solid -fuel fireplaces will be allowed anywhere within the P.V.O. Subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401. et. seq., and the regulations promulgated thereunder. will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 19. Underground Utilities. All utilities serving the Lots. including without limitation, electric power, telephone, cable television, natural gas lines and water lines shall be installed and maintained underground. This restriction shall include main transmission lines and all service lines to the individual Lots. This restriction shall not apply to main electric. telephone and cable television transmission lines located or to be installed north of the southerly boundary of utility easement located along the northerly line of Lots No. 9, 10, 11, 12, 14, 15, 16, 17 and 18, which main transmission lines may be installed and maintained overhead. 20. Enforcement. The Association Manager or his authorized agent may enter any Lot in which a violation of this Declaration and these restrictions exists and may correct such violation at the expense of the Owner of such Lot. Any expenses in connection with such correction shall be a Special Assessment against and be secured by a lien upon such Lot enforceable in accordance with the provisions of Article VI hereof. All remedies described in Article VI hereof and all other rights and remedies available at law or equity shall be available to the Association, the Declarant or any Lot Owner or the Owner of Lot 4, Simon Subdivision Exemption. in the event of any breach of any provision of this Article VII by any other Owner. 21. Restrictions/Conditions Imposed By County. The use of all Lots, shall be in strict accordance with the conditions of approval and Plat restrictions contained in the County Resolution approving the P.V.O. Subdivision and the Plat. ARTICLE VIII DESIGN REVIEW COMMITTEE REOUIREMENTS 1. Approval of Improvements Required. No improvement to the property shall be constructed on any Lot without Design Review Committee approval, except where approval is not reasonably required to carry out the purposes of this Declaration as determined by the Design Review Committee. Improvement to property shall mean the construction, erection, installation, or expansion of any building, structure. or utility facilities and fences or destruction or removal of any building, structure, tree, vegetation or other improvement, or the grading, excavation, filling or similar disturbance to the surface of land, or any change of any previously approved improvement to a Lot, including any change of exterior appearance. color or texture. 2. Design Review Committee. The Design Review Committee shall consist solely of the Declarant. as the Association Manager, until such time as primary residences have been constructed on all Lots. Thereafter, the Association by Owner Action shall appoint such number 12 • • of Lot Owners and for such terms as it deems appropriate to serve as the Design Review Committee. 3. Design Guidelines. The Design Review Committee shall establish reasonable procedural rules. regulations, architectural standards and design guidelines (the "Design Guidelines"). which the Design Review Committee may. from time to time in its discretion, amend, repeal or augment. The Design Guidelines may include. among other things, the following restrictions and limitations: a. Procedure for submittal of all construction plans to the Design Review Committee. b. Time limitations for the completion. within specified periods after approval and commencement of construction, of the improvements for which approval is required pursuant to the Design Guidelines. c. To preserve the views from other Lots and to preserve the natural beauty and condition of each Lot, the designation of a "building envelope" where needed within the discretion of the Design Review Committee, establishing the location and maximum developable area of the Lot. Accessory buildings may be constructed outside from the building envelope if approved by the Design Review Committee. To the same end, no structure shall be sited anywhere on a Lot. without the Design Review Committee approval. The Design Review Committee shall, within its discretion. approve the building's location as near to the location selected by the Owner as it deems appropriate. d. Approval of plans and specifications prior to the commencement of all construction. In addition to other use and building restrictions contained in Article VII hereof, no building shall be erected by means of other than new construction, it being the purpose of this covenant and restriction to ensure that old buildings will not be moved from previous locations and placed upon a Lot. Further, all structures shall be constructed of either brick, stone, lumber, stucco, logs. or a combination thereof. The use of cinderblock shall not be allowed unless it is faced with another approved material. No residential buildings commonly known as "modular homes", "factory built housing", "HUD homes". or "mobile homes" shall be permitted to be constructed or installed on any Lot. e. The Design Review Committee shall list the varieties of plants and trees that shall be permitted to be planted on any Lot. A list of such plants and trees shall be kept on file at all times by the Association. The P.V.O. Association may, from time to time. amend the list of permitted plants and trees to add or delete certain varieties. £ The Design Review Committee or the Association may make rules prohibiting the use of all chemical pesticides and herbicides during certain periods of the year. g• Such other limitations and restrictions as the Design Review Committee in 13 • • its reasonable discretion shall adopt. including, without limitation. the regulation of all exterior lighting, landscaping (including without limitation absolute prohibition of certain types of landscaping. trees and plants), construction. reconstruction. exterior addition. change or alteration to or maintenance of any building. structure, foundation system. wall or fence, including. without limitation. the nature, style, shape. height. materials, exterior color. surface texture, location of any such improvement and prohibition of construction during certain periods of the year. 4. General Provisions: a. The Design Review Committee may assess reasonable fees in connection with the review of plans and specifications. In the event that an application requires extraordinary legal, engineering, or other fees, the Design Review Committee will notify the applicant of the amount of such fees, and the Design Review Committee will not be required to take further action until such extraordinary fees are paid by the applicant. Any costs incurred by the Design Review Committee in processing an individual application shall be considered a Special Assessment against the Lot involved. b. The Design Review Committee may delegate its plan review responsibilities, except final review and approval as may be required by the Design Guidelines, to one or more of its members or architectural consultants retained by the Design Committee. Upon such delegation, the approval or disapproval of plans and specifications by such members or consultants shall be equivalent to approval or disapproval by the entire Design Review Committee. c. The address of the Design Review Committee shall be the address established for giving notice to the P.V.O. Association, unless otherwise specified in the Design Guidelines. Such address shall be the place for the submittal of plans and specifications and the place where the current Design Guidelines shall be kept. d. The Design Review Committee shall approve or disapprove any plans and specifications submitted to it, in writing, in accordance with the Design Guidelines within a period of thirty (30) days. ARTICLE IX WATER WELL AND RELATED FACILITIES AND IRRIGATION WATER AND SYSTEM • A. Water Well. The Water Well as defined below shall be jointly operated, maintained and repaired by the Association for the benefit of the individual Lot Owners and by the Declarant as co-owner thereof, upon the following terms and conditions: 1. Upon the recordation of the Plat and this Declaration, the Declarant shall transfer to the P.V.O. Association an undivided twenty-seven percent (27.0%) interest in the Water 14 • • Well for purposes of providing a water supply for domestic in-house and limited seasonal outside irrigation to each of the Lots comprising the P.V.O. Subdivision. The Owner of each of such Lots shall be entitled an equal proportionate share of the water produced by the Water Well based on the total undivided interest therein to be transferred to the P.V.O. Association as aforesaid. As used herein. the teen "Water Well" shall mean the water well known as the "Simon Well", existing and in place on Lots 1 and 2 of the aforesaid Amended Final Plat Simon Subdivision Exemption; the physical structure thereof including appurtenant facilities, pumps, pipelines and other water delivery or storage facilities: the Well Permit No. 049153F, and the decree adjudicating the water right as the Simon Well in Case No. W-1452 in the District Court in and for Water Division No. 5, State of Colorado. 2. Meters shall be installed at the Lot Owner's expense to measure flow and usage from the Water Well, and no Lot Owner shall waste water or use more water than a proportionate one -fourteenth (1/14th) share of the production from the undivided interest in the Water Well to be transferred to the P.V.O. Association hereunder. 3. The transfer by the Declarant of the aforesaid undivided interest in the Water Well shall be subject to a provision whereby such entire interest in the Water Well so transferred shall revert to the Declarant upon the occurrence of the event provided in Paragraph 5 of the Notes appearing on the Plat requiring the Owners of the Lots comprising P.V.O. Subdivision to a central water system and to disconnect their services from the Water Well. Upon such occurrence, the P.V.O. Association shall deliver to Declarant or Declarant's successor in interest, a good and sufficient special warranty deed reconveying such undivided interest in the Water Well as aforesaid. 4. In addition to domestic in-house use, a Lot Owner may irrigate not more than 1,000 square feet of garden and landscaping but only during those periods prior to the commencement and subsequent to the cessation of the irrigation season and subject always to the Rules and Regulations of the P.V.O. Association. 5. Declarant, as Association Manager and as owner of the remaining seventy- three percent (73.0%) undivided interest in the Water Well, shall administer the Water Well from the standpoint of its operation, maintenance, repair and replacement and shall submit on a monthly basis billings for all costs associated with such described activities and the P.V.O. Association shall remit its share of such costs within 10 days of receipt of such billings. 6. Declarant, as owner of an undivided seventy-three percent (73.0%) interest in the Water Well, shall have the right to use the same for any purpose permitted by the aforesaid decree adjudicating the Water Well either on Lot 4 or on any part of the lands comprising the aforesaid Amended Final Plat Simon Subdivision Exemption and may freely transfer ownership of all or any portion of such undivided interest in the Water Well without affecting Declarant's right to the reversion of the interest to be transferred to the P.V.O. Association all as provided above. B. Irrigation Water and Systems. Upon recordation of the Plat and this Declaration, 15 the Declarant shall transfer to the P.V.O. Association an interest in the irrigation water rights presently owned by Declarant for purposes of irrigating the Lots comprising the.P.V.O. Subdivision by water from The Farmers Irrigation Company and the Silt Water Conservancy District (the "District"). The irrigation water rights to be transferred shall be transferred to the joint ownership of the P.V.O. Association and the Simon Subdivision Exemption Homeowner's Association and such water rights shall be used for irrigation of Lots 9. 10. 11, 12, 14, 15, 16. 17, 18, 19, 20, 23.24 and 25 of P.V.O. Subdivision and of Lots 1. 2 and 3 of Simon Subdivision Exemption. Such water rights to be so transferred shall entitle the Owners of all of the last described seventeen (17) Lots to use of not more than 100 gallons per minute. in the aggregate. during the irrigation season. The amount of water available to each of such seventeen (17) Lots shall be allocated by the P.V.O. Association and the Simon Subdivision Exemption Homeowner's Association, jointly, or by the District, as the case may be, based on Lot acreage. Charges for water from the District will be included in the general ad valorem taxes assessed against Lots served thereby and charges for water furnished by The Farmers Irrigation Company will be paid to Declarant by the P.V.O. Association and Simon Subdivision Exemption Homeowner's Association based upon periodic billings from Declarant. The P.V.O. Association and Simon Subdivision Exemption Homeowner's Association shall, in turn, bill all the respective lot owners for allocated amounts of water when Annual Assessments are made and billed by the P.V.O. Association and Simon Subdivision Exemption Homeowner's Association, respectively. The water from the above sources shall be used, administered and applied by the Owners of all seventeen (17) above described. Lots in accordance with Rules and Regulations jointly promulgated by the P.V.O. Association and Simon Subdivision Exemption Homeowner's Association, including without limitation, the scheduling of use on each Lot. All irrigation shall be accomplished by and through the Irrigation Systems required to be installed and maintained on each of the above described seventeen (17) Lots under the provisions of paragraph 18, Article VII hereof and the provisions of the Declaration of Covenants Conditions and Restrictions for Amended Final Plat Simon Subdivision Exemption. ARTICLE X CONDEMNATION Whenever all or any part of the Common Facilities shall be taken (or conveyed in lieu of and under threat of condemnation, by the P.V.O. Association through Owners Action) by any authority having the power of condemnation or eminent domain. each Lot Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto, unless otherwise prohibited by law. The award made for such taking shall be payable to the P.V.O. Association and used for its purposes herein enumerated. ARTICLE XI GENERAL PROVISIONS 1. Term. The covenants, conditions and restrictions of this Declaration shall run with title to the Lots and shall inure to the benefit of the Lot Owners and shall be enforceable by the 16 • • Declarant. the Association, its Association Manager or any of the Lot Owners. 2. Indemnification. The P.V.O. Association shall indemnify Declarant and any persons acting in the capacity of Association Manager against any and all expenses, including attorneys' fees and costs reasonably incurred by or imposed upon said Declarant or Association Manager in connection with any action, suit or other proceeding (including settlement of any suit or proceeding) to which the Declarant or Association Manager may be a party by reason of any actions, contracts, agreements or other activity undertaken by the Declarant or Association Manager before or after the making of this Declaration. The Declarant or Association Manager shall not be liable for any mistake of judgement, negligent or otherwise. except for willful misfeasance, malfeasance, misconduct or bad faith. The Declarant or Association Manager shall have no personal liability with respect to any contract or other commitment made by them, in good faith, with respect to the P.V.O. Subdivision or Common Facilities or otherwise, on behalf of the P.V.O. Association, and the P.V.O. Association shall indemnify, save and forever hold such Declarant or any Association Manager free and harmless against any and all liability to any other party on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which Declarant or any Association Manager may be entitled in this regard. 3. Amendment or Modifications. (a) This Declaration may be amended or modified in any particular by the Declarant so lona as Declarant is the Owner of eight (8) or more Lots, except that any amendment or modification to the provisions of Article IX hereof shall require the written approval and concurrence of the Board of County Commissioners of the County. (b) At any time subsequent to the conveyance of at least eight (8) of the Lots by Declarant, the Lot Owners may amend or modify this Declaration in any particular by a written instrument executed by the Owners of not less than eight (8) of the Lots, and recorded in the records of the County. Provided, however, that no such amendment or modification of the provisions of Article IX hereof shall be effective unless the aforementioned instrument is also executed and approved by The Board of County Commissioners of the County and by the Owner of Lot 4 of Amended Final Plat Simon Subdivision Exemption. Provided further, that no such amendment or modification of this Declaration which affects or purports to affect any rights accorded to or reserved by the Declarant herein shall be operable or effective unless the aforementioned instrument of amendment or modification is also executed by the Declarant. 4. Severability. Invalidation of any one of these covenants or restrictions by judgment • or court order shall in no way affect any other provisions which shall remain in full force and effect. 5. Perpetuities. If any of the covenants. conditions and restrictions of this Declaration shall be unlawful. void or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the longest lived member of the presently constituted Board of County Commissioners of the County. 17 • • 6. Non -Waiver. The failure of Declarant, the P.V.O. Association, the Association Manager, or a Lot Owner to object to any breach of or failure to comply with the provisions of this Declaration or any Rules and Regulations by a person subject thereto shall in po event be deemed a waiver of any right to object to the same and to seek compliance therewith at any time. 7. Captions. Article and section captions, headings or titles inserted throughout this Declaration are intended solely as a means of convenience and reference and in no way shall such captions. headings or titles define, limit or in any way affect any of the substantive terms and provisions of this Declaration. 8. Context. Whenever the context requires, any pronoun used herein shall be deemed to mean both the feminine and masculine gender, and the singular shall be deemed to also encompass the corresponding plural. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this day of March, 1999. SONIA L. SIMON AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRED I: SIMON DECLARANT STATE OF eAL/mac 6(1 / /9- ) ) ss. COUNTY OF 37-24...) /7 /TECO ) The foregoing instrument was acknowledged before me this / 7 "-day day of /r>f/,,-G 1999 by Sonia L. Simon, as Personal Representative of the Estate of Fred I. Simon, Declarant. Witness my hand and official seal. My commission expires SEAL ,.vn.... " •- / Marilyn D. B clreau.5 Carnm NOTARY '7L C an.+ . A .0 CCUNTY ;1 o^*� Comm Exp. Jan. 24,2^�y 18 Notary Publi( • • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SIMON SUBDIVISION EXEMPTION THIS Declaration of Covenants, Conditions and Restrictions for Simon Subdivision Exemption (hereafter the "Declaration") is made this day of March, 1999, by Sonia L. Simon, as Personal Representative of the Estate of Fred I. Simon (hereafter referred to as the "Declarant"). RECITALS WHEREAS, Declarant is the owner of that certain real property known as Lots 1 through 4, inclusive, as described on a plat thereof entitled "Amended Final Plat Simon Subdivision Exemption" recorded at Reception No. , of the records of Garfield County, Colorado, ("the Plat"), together with all water and water rights. ditches and ditch rights, wells and well rights, well permits, easements and rights-of-way to be made appurtenant to or used upon or in connection with said Lots 1 through 4, and all other appurtenances thereto, and certain other common facilities (collectively the "Simon Subdivision Exemption"); and WHEREAS, Declarant has created an unincorporated non-profit association pursuant to the Colorado Uniform Unincorporated Non Profit Association Act, Colorado Revised Statutes 7-30-101 et seq., known as the Simon Subdivision Exemption Homeowners Association (hereafter the "Association") for purposes of owning, maintaining and administering the common facilities as hereafter described and defined, the members of which Association shall be the owners of the aforesaid individual Lots and which Association shall also administer and enforce the covenants, conditions and restrictions herein set forth and collect and disburse the assessments and charges hereinafter provided; and WHEREAS, Declarant desires to provide a flexible and reasonable procedure for the overall operation of the Simon Subdivision Exemption. and to establish a method for the administration, maintenance, preservation, control, use, and enjoyment of the Simon Subdivision Exemption, as well as provide for the enforcement of the restrictions. covenants and conditions hereinafter set forth. DECLARATION NOW THEREFORE, Declarant hereby declares that all of the Lots. individual or collective, comprising the Simon Subdivision Exemption except as otherwise herein provided as to Lot 4, shall 1 • • be held, transferred. sold. conveyed and occupied subject to the following covenants, conditions and restrictions Nvhich are established for the purpose of protecting the value and desirability of the Simon Subdivision Exemption and which shall run with title to the Lots and be binding on all owners or other parties having any right. title or interest in the Simon Subdivision Exemption. ARTICLE I DEFINITIONS 1. Annual Budget. "Annual Budget" shall mean the calendar year estimates of Association expenses and expenditures upon which the Annual Assessment shall be based, which budget shall be prepared by the Association Manager. all as more particularly provided in Article VI below. 2. Annual Meeting. "Annual Meeting" shall mean the meeting of all members of the Association to occur once a year for the primary purposes of approving the Annual Budget and selecting the Association Manager, but at which meeting any other business matters of the Association may be raised and addressed. 3. Annual and Special Assessments. "Assessments" shall mean all assessments, Annual and Special. for Common Expenses of the Association, and all installments thereof, with interest thereon and costs of collections. including reasonable attorney's fees, all as more particularly defined and provided in Article VI below. 4. Association. "Association" means the Simon Subdivision Exemption Homeowners Association, a Colorado unincorporated nonprofit association whose members shall be the respective Owners of Lots 1 through 4 of Simon Subdivision Exemption. 5. Common Expenses. "Common Expenses" shall mean the expenses incurred by the Association under the provisions of this Declaration and which are payable by the Lot Owners upon assessment. 6. Association Manager. "Association Manager" shall mean a person who shall be a Lot Owner and Member of the Association. and who shall be responsible for preparing the Annual Budget, collecting Annual and Special Assessments and other revenues, disbursing funds for Common Expenses. calling special meetings and otherwise managing the administrative affairs of the Association. The Association Manager shall be the Declarant or Declarant's successor in interest as herein provided. at all times during which Declarant or her said successor shall own any of the Lots comprising Simon Subdivision Exemption. 7. Common Facilities. "Common Facilities" shall mean all real property, or interests in real property. improvements thereto. and personal property now or hereafter owned by the Association through dedication, conveyance, or assignment by the Declarant to the Association or • • acquired by the Association through Owners Action for the common use and enjoyment of all Lot Owners. and more particularly described in Article IV below. There are expressly excluded from the Common Facilities. any easements, facilities. property and structures the purpose and appurtenant nature of which are to serve or benefit less than all of the Lots in Sinton Subdivision Exemption. including without limitation. domestic water service lines. irrigation ditch laterals and utilities designed to serve, benefit and be appurtenant to one or more but less than all of the Lots. Anv such excluded facilities. easements. property and structures shall be controlled, operated and maintained by the Owners of the Lot or Lots served thereby as appurtenant thereto at such Owner or Owners' expense. 8. Declarant. "Declarant" shall mean Sonia L. Simon, as Personal Representative of the Estate of Fred I. Simon and her immediate successor in interest to ownership of all of the Lots comprising Simon Subdivision Exemption. 9. Declaration. "Declaration" shall mean the covenants, conditions, restrictions and all other terms or provisions set forth in this document as the same is recorded in the records of Garfield County. Colorado, and as the same may be amended from time to time in accordance with the provisions hereof, with such amendments being likewise recorded. 10. Lot. "Lot" shall mean each of Lots 1, 2, 3 and 4 of the Simon Subdivision Exemption according to the Plat. 1 1. Lot Owner or Owner. "Lot Owner" or "Owner" means the person, persons, entity or entities who or which together shall comprise the record owner of fee simple title to a Lot. 12. Member. "Member" shall mean a person or entity which, by virtue of their status as a Lot Owner. is deemed to enjoy the membership privileges and responsibilities in the Association. 13. Owners Action. "Owners Action" shall mean a written statement of action to be taken by the Association which statement shall be executed by no less than the Owners of three (3) Lots or their respective authorized representatives. 14. Rules and Regulations. "Rules and Regulations" shall mean the rules, regulations, guidelines. policies and standards as may be adopted and approved by Owners Action as provided in this Declaration governing the use of the Lots and the use. operation. maintenance, and administration of the Common Facilities. ARTICLE II PROPERTY RIGHTS AND USE OF PROPERTY 1. Lots. Lots 1 through 3 shall be used only for the constriction, use and occupancy of 3 • • and as single-family dwellings and customary accessory uses. or as permitted by the further provisions hereof. Lot 4 shall be permitted to be used for any purpose and improvements constructed thereon consistent with the zoning. subdivision and building regulations of Garfield County. Colorado. or any other governmental entity acquiring jurisdiction over such matters in the future. and as such regulations may be amended from time to time. ?. Common Facilities. Subject to the limitations set forth in this Declaration and any Rules and Regulations adopted by the Association pursuant to the provisions of this Declaration, each and every Lot Owner, shall have the right to the use. enjoyment and benefit of the Common Facilities. 3. Appurtenance of Interests. Any legal or beneficial interests in the Common Facilities which inure to a Lot Owner by virtue of such ownership are appurtenant to the Lot owned, with or without specific reference to such appurtenance in any deed which may convey the Lot. For purposes of general ad valorem property assessment and taxation, said interest in such Common Facilities shall be considered a part of the Lot and taxes upon the Common Facilities shall be assessed against each Lot and paid in equal proportions of one-fourth (1/4th) by the Owner of each Lot. 4. Governance of Subdivision. Subject to rights, interests and authority expressly reserved to the Declarant herein, all of the authority regarding the operation, maintenance, repair, administration and control of the Common Facilities shall be vested in the Association and the Lot Owners through their right to participate by Owner Action in governance of the Subdivision and all of its Common Facilities as said rights are more fully described in this Declaration. 5. Waiver of Right to Partition. Each Lot Owner irrevocably waives his right to statutory partition of the Common Facilities. 6 Enforcement. The Declarant, the Association, by Owners Action, or any Lot Owner, including the Owner of Lot 4, shall have the right to enforce the covenants, conditions and restrictions contained in this Declaration by any legal or equitable means necessary and available including actions for damages and injunctive relief. In the event of any such action, the Declarant, the Association or Lot Owner or Owners, if they prevail in said action, shall be entitled to receive reasonable attorney's fees and costs from the Lot Owner or Owners found to be in violation of this Declaration. ARTICLE III MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION 1. The owner of record of fee simple tide to each Lot shall be a Member of the Association. For purposes of this Declaration. if a Lot is owned by more than one person, all of the persons owning an interest in fee simple tide to the Lot shall. in the aggregate, be the Lot Owner 4 • • thereof and such multiple persons comprising the Lot Owner shall. among themselves, designate one of their number to participate in, and represent the others. in anv Association affairs or Owners Action as herein described. For purposes of participation in Owner Actions and any other voting matters in the Association. a Member owning more than one Lot shall be entitled to one vote for each Lot owned. �. Except as otherwise herein provided with respect to rights and interests reserved to the Declarant. the ownership, operation. management. maintenance and repairs of the Common Facilities and all Association actions taken with respect thereto shall be undertaken and performed pursuant to Owners Action. The Association shall have the exclusive power and authority to manage any affairs regarding the Common Facilities, and such power and authority shall include, without limitation whatsoever, the following authority: a. To own, purchase. lease, install, operate. maintain, repair and replace all or any part of the Common Facilities; b. To adopt such Rules and Regulations as are necessary and appropriate for governing the use and benefits of the Common Facilities; c. To establish and oversee the Annual Budget, for purposes of paying anticipated and contingent expenses related to the Common Facilities; d. To make, determine and collect Annual and Special Assessments for the purpose of paying all Common Expenses. Said Annual Assessments to be determined in accordance with the establishment of the Annual Budgets and as the same are necessary as Special Assessments for extraordinary or unforeseen expenses related to said Common Facilities and which were not included in or provided for under the Annual Budget. All Annual and Special Assessments shall be made on a ratable basis among the Lot Owners, with a one-fourth (l/4th) share of the total assessment to be paid by the Owner of each Lot; e. Subject to the provisions of Article I, paragraph 6, to elect at the Annual Meeting by Owners Action, an Association Manager to act, during the upcoming year. on behalf of the Association and in such capacity to exercise all powers of the Association delegated to him by such Owners Action; f. To enforce, by Owners Action, the provisions of this Declaration and any Rules and Regulations adopted by the Association as provided herein, either through Owners Action or by delegation of such enforcement authority to the Association Manager; g7• To establish a date certain for the Annual Meeting for the ensuing year and to establish Special Meetings as appropriate and necessary. Written notice of the date, time and place of all Annual and Special Meetings. shall be given to each Member by mailing such notice to • • each such Member at least 20 days prior to the date of such Annual or Special Meeting at the address of each respective Member as the same shall be maintained in the records of the Association. h. To receive and use for the joint and common benefit of all Lot Owners any revenues received by the Association from whatever sources and determination of the specific uses of such funds. To take any other action necessary or appropriate to carry out the purposes herein expressed and to properly maintain the Common Facilities for the use and benefit of the Lot Owners. ARTICLE IV COMMON FACILITIES - DECLARANT'S RIGHT TO JOINT USE The Common Facilities which shall be owned by the Association include, but are not limited to. all designated roads, if any, and improvements thereto (excluding however; the road easement shown on the Plat as being located on Lot 4), utility and main ditch easements, water well, storage and pipeline easements, and drainage easements which serve or benefit all Lots in Simon Subdivision Exemption as shown on the Plat. The Association shall maintain and keep in good repair the Common Facilities (and any personal property and improvements associated therewith) and anv other improvements to or upon the Common Facilities. Such maintenance shall be funded through the Annual and Special Assessments as provided herein. and revenues received from any other sources. and shall include, but not be limited to. maintenance, repair, and replacement of all other structures and improvements situated upon the Common Facilities all to the end that the safety, appearance and quality of the Common Facilities shall permanently endure. It is understood that all easements described above. shall be non-exclusive and Declarant specifically reserves the right to the joint use of such easements to serve Lot 4 and that property known and described as Second Amended Final Plat of a Portion of Peach Valley Orchard Subdivision recorded as Reception No. of the records of Garfield County, Colorado. ARTICLE V INSURANCE AND CASUALTY LOSSES 1. Insurance. If deemed necessary, the Association Manager shall'have the authority to obtain insurance for all insurable components of the Common Facilities against loss or damage by tire or other hazards, including extended coverage. vandalism, and malicious mischief This insurance shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. The Association Manager may also obtain an adequate public liability policy insuring the Association. and its individual Members for all damage or injury caused by the negligence of the Association or any of its Members. the Association Manager or other agents of the Association. 6 • • ?. Repair and Reconstruction. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof. the Association Manager may. without the necessity, of any Owners Action, levy a Special Assessment to cover the amount of deficiency. If the funds available from insurance exceed the cost of repair. such excess shall be retained to the benefit of the Association. ARTICLE VI ASSESSMENTS 1. Annual and Special Assessments. All Annual and Special Assessments, together with interest at the legal or statutory rate. costs. and reasonable attorneys' fees, if any. shall be a charge on the land and shall be a continuing lien upon the Lot against which each Annual or Special Assessment and the aforesaid related costs and expenses, is made. Each such Annual or Special Assessment. together with interest, costs and reasonable attorneys' fees, if any, shall also be the personal obligation of the person who was the Owner of a particular Lot at the time the Assessment was made. All such Annual and Special Assessments shall be due and payable within thirty (30) days following the date upon which the Association Manager shall have mailed notice of such Annual or Special Assessment to the Lot Owner obligated to pay the assessment at the address of said Lot Owner as maintained in the Association records. 2. Liens and Foreclosure of Liens. All Annual and Special Assessments shall constitute a lien on each Lot, respectively. prior and superior to all other -liens. except (i) all ad valorem taxes. bonds, assessments, and other levies which, by law, would be superior thereto, and (ii) the lien or charge of any first mortgage of record (meaning any recorded mortgage or deed of trust with first priority over other mortgages or deeds of trust) made in good faith and for value. Suit to recover a money judgment for unpaid Assessments, interest and attorneys' fees shall be maintainable without foreclosing or waiving the lien securing the same. Any lien created pursuant to the provisions of this Article VI may be foreclosed under the laws of the State of Colorado in the same manner as a mortgage. 3. Computation of Annual Budget and Annual Assessment. It shall be the duty of the Association Manager at least thirty (30) days prior to the Annual Meeting at which the budget shall be presented to the Association's membership, to prepare a budget covering the estimated costs, and appropriate reserve fund amounts for operating the Association during the corning year. The Association Manager shall cause a copy of the budget. and the estimated amount of the Annual Assessments deriving therefrom and to be levied against each Lot for the following year, to be delivered to each Lot Owner with notice of the Meeting. Such budgeting process shall take into account any revenues received or anticipated by the Association from sources other than Assessments. 7 • • 4. Limitation on Common Expense Liability. It is hereby expressly provided that the annual average Common Expense liability of each Lot. exclusive of optional user fees and any insurance premiums paid by the Association. may not exceed four hundred dollars as adjusted pursuant to Section 38-33.3-116(3). ARTICLE VII ADDITIONAL RESTRICTIONS ON USE AND BUILDING All Lots. with the exception of Lot 4, shall be subject to the following covenants and restrictions on use and building restrictions and any reference to "Lot" or "Lots" in this Article shall not include Lot 4 unless said Lot 4 is expressly included by description thereof. 1. Violation of Law or Insurance. No Owner shall permit anything to be done or kept in his Lot or in or upon any Common Facilities which will result in the cancellation of insurance thereon: or which would be in violation of any law, or would constitute a violation of any condition or requirement of approval of Simon Subdivision Exemption by the Board of County Commissioners of the County. 2. Signs. No sign of any kind shall be displayed to the public view from any Lot or any Common Facility without the approval of the Association or the Design Review Committee, except: (a) such signs a may be used by Declarant in connection with the development and sale of Lots: (b) such signs as may be required by legal proceedings, or the prohibition of which is precluded by law, or. (c) one "for sale" sign which shall not exceed two feet by three feet. 3. Animals. No animals, fowl or reptiles of any kind may be kept, bred, or maintained on any Lot or in or upon any Common Facility except for the following and subject to the following conditions: (a) Not more than two (2) horses may be kept and maintained on a Lot of less than four (4) acres and not more than three (3) horses may be kept and maintained on a Lot containing four (4) acres or more. (b) Not more than two (2) llamas and five (5) sheep may be kept and maintained on each Lot. (c) Not more than twenty (20) hen chickens may be kept and maintained on each Lot. (d) One (1) animal of any species may be kept and maintained on each Lot if it is being so kept and maintained in conjunction with a 4-H project or program. 8 • • (e) In addition to the foregoing. Lot Owners shall be entitled to keep not more than three (3) household pets. other than dogs. on each Lot. (t) No more than one (1) dog may be kept and maintained on a Lot and then only \with the following restrictions and conditions: (i) 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 on neighboring properties. (ii) Dogs shall not be allowed to bark continuously. which shall be defined as barking for a continuous 15 -minute period. (iii) The Association shall assess and enforce penalties against Lot Owners violating the foregoing restrictions applying to dogs, in such amounts as the Association may set from time to time. Until the Association acts to set other penalties. they shall be as follows: One Hundred Dollars ($100) for the first violation committed by an Owner's dog; Two Hundred Dollars ($200) for the second violation; Three Hundred Dollars ($300) for the third violation; and for each succeeding violation the fine increases in One Hundred Dollars ($100) increments. Should any dog chase or molest deer. elk, or any domestic animals or destroy or disturb property of another Lot Owner. the Association shall be authorized to prohibit the Lot Owner or resident from continuing to maintain the offending animal on his property. All above penalties shall constitute Special Assessments against the violating Lot Owner. (g) All Lot Owners shall keep their dogs and other household pets reasonably clean. and all Lots shall be free of animal waste and refuse. (h) The Association shall have the right to impose such penalties in addition to any fines which may be imposed under the regulations of the County or the State of Colorado with respect to dogs or other animals. (i) All animals other than dogs and household pets permitted to be kept and maintained on a Lot as above provided shall be confined to a specific fenced area within the Lot designated by the Design Review Committee as a "corral envelope" except when being ridden or transported or except for periods of grazing on other areas of the Lot. In no event shall the Lot Owner permit anv area of the Lot outside the corral envelope to be overgrazed or denuded of foliage, with the determination of the existence of the latter conditions to be in the sole judgment and discretion of the Design Review Committee. 4. Nuisances. No Lot Owner shall permit or suffer anything to be done or kept about or within his Lot, which will obstruct or interfere with the rights of other Lot Owners or their property. including generation of unreasonable noises or otherwise. nor will any Lot Owner commit or permit any nuisance or commit or suffer any illegal act to be committed on his Lot. Each Lot Owner shall comply with the Association Rules. the requirements of all health authorities and other 9 • • governmental authorities having jurisdiction over the Simon Subdivision Exemption. 5. Boats. RV's and Motor Vehicles. Except as specifically permitted by the Association Rules. (a) no boats, trailers, buses. motor homes. campers. snowmobiles. all -terrain vehicles. or other vehicles shall be parked or stored in or upon a Lot except within an enclosed garage or fully screened area as permitted by the Design Guidelines; and (b) no vehicle shall be repaired or rebuilt on any Lot except within a garage and then only if such vehicle is owned by the Lot Owner. The Association may remove. or cause to be removed, any unauthorized vehicle at the expense of the owner thereof in any manner consistent with law. 6. Lights. No spotlights, flood lights or other high intensity lighting shall be placed or utilized upon any Lot which in any manner will allow light to be directed or reflected upon any other Lot, or any neighboring property. Security lighting is subject to this provision and must be shielded and directed downward. 7. Antennas. No radio, television or other antennas of any kind or nature, or device for the reception or transmission of radio, microwave or other similar signals, shall be placed or maintained upon any Lot except as may be permitted by the Association Rules or in accordance with the Design Guidelines. A fully shielded 18 inch satellite dish is acceptable. 8. Garbage. No rubbish, garbage or trash, or other waste material shall be kept, or permitted on any Lot so as to be visible from another Lot or the Common Facilities. No incinerators shall be kept or maintained in any Lot. No refuse pile. garbage or unsightly objects shall be allowed to be placed, accumulated or suffered to remain anywhere on a Lot. Trash removal shall be accomplished through contract entered into by the Association and billed as part of the Common Expense. 9. Safe Condition. Without limiting any other provision in this Section, each Owner shall maintain and keep his Lot at all times in a safe, sound and sanitary condition and repair and shall correct any condition or refrain from any activity which might interfere with the reasonable enjoyment by other Owners of their respective Lots or the Common Facilities. 10. Fires Outside Dwellings. Other than commercially manufactured barbecues or properly constructed barbecue pits or grills, and firepits in compliance with the Association Rules and Design Guidelines, or as otherwise expressly permitted in the Association Rules, no open fires shall be permitted on the Lots nor shall any other similar activity or condition be permitted which would tend to increase the insurance rates for the Common Facilities or for other Owners. 11. Swimming Pools. Swimming pools or tubs shall be sited in accordance with the Association Rules and with the Design Guidelines. 12. Weed Control. It shall be each Lot Owner's responsibility to control all weeds and thistle on their entire Lot. If weed and thistle control is performed by the Association. a Special 10 Assessment shall be made against the Lot and Lot Owner for the expense thereof 13. No Obstruction of Drainage. No Owner shall erect, construct. maintain. permit or allow any fence or other improvement or other obstruction which would interrupt the normal drainage of the land or within any area designated on the Plat, or other recorded document, as a "drainage easement", except that, with the prior consent of the Design Review Committee, non- permanent structures. including fences, may be erected in those areas which contain only underground closed conduit storm drainage facilities. 14. Rental of Lots. An Owner who leases his Lot shall be responsible for assuring compliance by his lessee with all of the provisions of this Declaration, Association Rules and Design Guidelines, all as amended and supplemented from time to time, and shall be responsible for any violations by his lessee thereof. 15. Resubdivision Prohibited. The resubdivision of a Lot by a Lot Owner is prohibited. Boundary line adjustments which do not result in the creation of additional Lots shall not constitute resubdivision but shall require written approval of the Design Review Committee and shall comply with all requirements of the County. 16. Landscaping and Fencing. The Design Review Committee must approve the type and location of all fences and hedges prior to installation on any Lot. All landscaping shall be completed within six months of issuance of either a TCO (temporary certificate of occupancy) or a CO (certificate of occupancy) by the County. Specifically, if a CO or TCO is obtained from January through July then the landscaping must be completed in the same calendar year. If a CO or TCO is obtained from August through December then the landscaping must be completed before July of the following year. All landscaping shall be properly cared for and maintained. All disturbed areas must be revegitated with vegetation approved by the Design Review Committee. 17. Irrigation System. All Lots must be serviced by a functional underground irrigation system that is approved by the Design Review Committee. The system must be designed by an approved residential irrigation system designer. The list of approved design firms can be obtained from the Design Review Committee. The irrigation system must be controlled by an automatic irrigation controller. The irrigation system must be maintained in operating order so as to be operable whenever needed to the end that all grass and other landscaping shall be appropriately maintained. Such irrigation systems shall be operated using the irrigation water as provided in Article IX B. hereof and shall be subject to the conditions therein set forth. 18. Woodburning Stoves and Fireplaces. No open-hearth solid -fuel fireplaces will be allowed anywhere within the subdivision exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed 11 • • in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 19. Underground Utilities. All utilities serving the Lots. including without limitation, electric power. telephone. cable television. natural gas lines and water lines shall be installed and maintained underground. This restriction shall include main transmission lines and all service lines to the individual Lots. This restriction shall not apply to main electric, telephone and cable television transmission lines located or to be installed north of the southerly boundary of utility easements located along the north boundary of Lots No. 1, 2 and 3 which main transmission lines may be installed and maintained overhead. 20. Enforcement. The Association Manager or his authorized agent may enter any Lot in which a violation of this Declaration and these restrictions exists and may correct such violation at the expense of the Owner of such Lot. Any expenses in connection with such correction shall be a Special Assessment against and be secured by a lien upon such Lot enforceable in accordance with the provisions of Article VI hereof. All remedies described in Article VI.hereof and all other rights and remedies available at law or equity shall be available to the Association, the Declarant or any Lot Owner, including the Owner of Lot 4, in the event of any breach of any provision of this Article VII by any Owner. 21. Restrictions/Conditions Imposed By County. The use of all Lots, including Lot 4, shall be in strict accordance with the conditions of approval and Plat restrictions contained in the County Resolution approving the Simon Subdivision Exemption and the Plat. ARTICLE VIII DESIGN REVIEW COMMITTEE REQUIREMENTS 1. Approval of Improvements Required. No improvement to the property shall be constructed on any Lot without Design Review Committee approval, except where approval is not reasonably required to carry out the purposes of this Declaration as determined by the Design Review Committee. Improvement to property shall mean the construction, erection, installation, or expansion of any building, structure. or utility facilities and fences or destruction or removal of any building, structure, tree, vegetation or other improvement. or the grading, excavation, filling or similar disturbance to the surface of land, or any change of any previously approved improvement to a Lot, including any change of exterior appearance, color or texture. 2. Design Review Committee. The Design Review Committee shall consist solely of the Declarant, as the Association Manager, until such time as primary residences have been constructed on Lots 1, 2, 3 and 4. Thereafter, the Association by Owner Action shall appoint such number of Lot Owners and for such terms as it deems appropriate to serve as the Design Review Committee. 12 • • 3. Design Guidelines. The Design Review Committee shall establish reasonable procedural rules. regulations. architectural standards and design guidelines (the "Design Guidelines"). xvhich the Design Review Committee may. from time to time in its discretion. amend, repeal or augment. The Design Guidelines may include. among other things. the following restrictions and limitations: a. Procedure for submittal of all construction plans to the Design Review Committee. b. Time limitations for the completion, within specified periods after approval and commencement of construction, of the improvements for which approval is required pursuant to the Design Guidelines. c. To preserve the views from other Lots and to preserve the natural beauty and condition of each Lot, the designation of a "building envelope" where needed within the discretion of the Design Review Committee, establishing the location and maximum developable area of the Lot. Accessory buildings may be constructed outside from the building envelope if approved by the Design Review Committee. To the same end, no structure shall be sited anywhere on a Lot without the Design Review Committee approval. The Design Review Committee shall, within its discretion. approve the building's location as near to the location selected by the Owner as it deems appropriate. d. Approval of plans and specifications prior to the commencement of all construction. In addition to other use and building restrictions contained in Article VII hereof, no building shall be erected by means of other than new construction, it being the purpose of this covenant and restriction to ensure that old buildings will not be moved from previous locations and placed upon a Lot. Further, all structures shall be constructed of either brick, stone, lumber, stucco, logs, or a combination thereof. The use of cinderblock shall not be allowed unless it is faced with another approved material. No residential buildings commonly known as "modular homes", "factory built housing", "HUD homes", or "mobile homes" shall be permitted to be constructed or installed on any Lot. e. The Design Review Committee shall list the varieties of plants and trees that shall be permitted to be planted on any Lot. A list of such plants and trees shall be kept on file at all times by the Association. The Association may, from time to time, amend the list of permitted plants and trees to add or delete certain varieties. • f. The Design Review Committee or the Association may make rules prohibiting the use of all chemical pesticides and herbicides during certain periods of the year. g. Such other limitations and restrictions as the Design Review Committee in its reasonable discretion shall adopt. including. without limitation. the regulation of all exterior lighting, landscaping (including without limitation absolute prohibition of certain types of 13 • • landscaping, trees and plants), construction. reconstruction, exterior addition, change or alteration to or maintenance of any building. structure. foundation system. wall or fence, including, without limitation. the nature. style, shape, height. materials. exterior color. surface -texture, location of any such improvement and prohibition of construction during certain periods of the year. 4. General Provisions: a. The Design Review Committee may assess reasonable fees in connection with the review of plans and specifications. In the event that an application requires extraordinary legal, engineering, or other fees, the Design Review Committee will notify the applicant of the amount of such fees, and the Design Review Committee will not be required to take further action until such extraordinary fees are paid by the applicant. Any costs incurred by the Design Review Committee in processing an individual application shall be considered a Special Assessment against the Lot involved. b. The Design Review Committee may delegate its plan review responsibilities, except final review and approval as may be required by the Design Guidelines, to one or more of its members or architectural consultants retained by the Design Committee. Upon such delegation, the approval or disapproval of plans and specifications by such members or consultants shall be equivalent to approval or disapproval by the entire Design Review Committee. c. The address of the Design Review Committee shall be the address established for giving notice to the Association, unless otherwise specified in the Design Guidelines. Such address shall be the place for the submittal of plans and specifications and the place where the current Design Guidelines shall be kept. d. The Design Review Committee shall approve or disapprove any plans and specifications submitted to it, in writing, in accordance with the Design Guidelines within a period of thirty (30) days. 5. The foregoing notwithstanding, none of the provisions of this Article VIII shall be operable or applicable as to Lot 4 nor shall the Design Review Committee have any right to enforce the provisions hereof against the Owner of Lot 4. ARTICLE IX WATER WELL AND RELATED FACILITIES AND IRRIGATION WATER AND SYSTEM A. Water Well. The Water Well as defined below shall be jointly operated, maintained and repaired by the Association for the benefit of the individual Lot Owners and by the Declarant as co-owner thereof, upon the following terms and conditions: 14 • 1. Upon the recordation of the Plat and this Declaration, the Declarant shall transfer to the Association an undivided eight percent (8.0%) interest in the Water Well for purposes of providing a water supply for domestic in-house and limited seasonal outside irrigation to each of Lots 1, 2. 3 and 4. The Owner of each of such Lots shall be entitled an equal proportionate share of the water produced by the Water Well based on the total undivided interest therein to be transferred to the Association as aforesaid. As used herein, the term "Water Well" shall mean the water well known as the "Simon Well", existing and in place on Lots 1 and 2; the physical structure thereof including appurtenant facilities, pumps, pipelines and other water delivery or storage facilities; the Well Permit No. 049153F, and the decree adjudicating the water right as the Simon Well in Case No. W-1452 in the District Court in and for Water Division No. 5, State of Colorado. 2. Meters shall be installed at the Lot Owner's expense to measure flow and usage from the Water Well, and no Lot Owner shall waste water or use more water than a proportionate one-fourth (1/4th) share of the production from the undivided interest in the Water Well to be transferred to the Association hereunder. 3. The transfer by the Declarant of the aforesaid undivided interest in the Water Well shall be subject to a provision whereby such entire interest in the Water Well so transferred shall revert to the Declarant upon the occurrence of the event provided in Paragraph 5 of the Notes appearing on the Plat requiring the Owners of Lots 1, 2 and 3 to connect to a central water system and to disconnect their services from the Water Well. Upon such occurrence, the Association shall deliver to Declarant or Declarant's successor in interest. a good and sufficient special warranty deed reconveying such undivided interest in the Water Well as aforesaid. 4. In addition to domestic in-house use, a Lot Owner may irrigate not more than 1,000 square feet of garden and landscaping but only during those periods prior to the commencement and subsequent to the cessation of the irrigation season and subject always to the Rules and Regulations of the Association. 5. Declarant, as Association Manager and as owner of the remaining ninety-two percent (92.0%) interest in the Water Well, shall administer the Water Well from the standpoint of its operation. maintenance, repair and replacement and shall submit on a monthly basis billings for all costs associated with such described activities and the Association shall remit its share of such costs within 10 days of receipt of such billings. 6. Declarant, as owner of an undivided ninety-two percent (92.0%) interest in the Water Well, shall have the right to use the same for any purpose permitted by the aforesaid decree adjudicating the Water Well either on Lot 4 or on any part of the lands comprising the aforesaid Second Amended Final Plat of a Portion of Peach Valley Orchard and may freely transfer ownership of all or any portion of such undivided interest in the Water Well without affecting Declarant's right to the reversion of the interest to be transferred to the Association all as provided above. 15 • • • B. Irrigation Water and Systems. Upon recordation of the Plat and this Declaration, the Declarant shall transfer to the Association an interest in the irrigation water rights presently owned by Declarant for purposes of irrigating those portions of Lots 1, 2 and 3 which have been historically irrigated by water from The Farmers Irrigation Company and the Silt Water Conservancy District (the "District"). The irrigation water rights to be transferred shall be transferred to the joint ownership of the Association and the Peach Valley Orchard Homeowner's Association ("P.V.O. Association") and such water rights shall be used for irrigation of Lots 1, 2 and 3 and also of Lots 9, 10. 11. 12, 14, 15, 16, 17, 18, 19, 20. 23. 24 and 25 described on the aforesaid Second Amended Final Plat of a Portion of Peach Valley Orchard Subdivision. Such water rights to be so transferred shall entitle the Owners of all of the last described seventeen (17) Lots to use of not more than 100 gallons per minute, in the aggregate, during the irrigation season. The amount of water available to each of such seventeen (17) Lots shall be allocated by the Association and the P.V.O. Association jointly or the District, as the case may be, based on Lot acreage. Charges for water from the District will be included in the general ad valorem taxes assessed against Lots served thereby and charges for water furnished by The Farmers Irrigation Company will be paid to Declarant by the Association and P.V.O. Association based upon periodic billings from Declarant. The Association and P.V.O. Association shall, in turn, bill all the respective lot owners for allocated amounts of water when Annual Assessments are made and billed by the Association and P.V.O. Association. The water from the above sources shall be used, administered and applied by the.Owners of all seventeen (17) above described Lots in accordance with Rules and Regulations promulgated jointly by the Association and P.V.O. Association. including without limitation, the scheduling of use on each lot. All irrigation shall be accomplished by and through the Irrigation Systems required to be installed and maintained on each of the above described seventeen (17) lots under the provisions of paragraph 18, Article VII hereof and the provisions of the Declaration of Covenants Conditions and Restrictions for Second Amended Final Plat of A Portion of Peach Valley Orchard Subdivision. ARTICLE X CONDEMNATION Whenever all or any part of the Common Facilities shall be taken (or conveyed in lieu of and under threat of condemnation, by the Association through O.wners Action) by any authority having the power of condemnation or eminent domain, each Lot Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto, unless otherwise prohibited by law. The award made for such taking shall be payable to the Association and used for its purposes herein enumerated. ARTICLE XI GENERAL PROVISIONS 1. Term. The covenants, conditions and restrictions of this Declaration shall run with title to the Lots, including Lot 4 where applicable under the provisions hereof, and shall inure to the 16 • • benefit of the Lot Owners and shall be enforceable by the Declarant. the Association, its Association Manager or any of the Lot Owners. including the Owner of Lot 4. 2. Indemnification. The Association shall indemnify Declarant and any persons acting in the capacity of Association Manager against any and all expenses, including attorneys' fees and costs reasonable incurred by or imposed upon said Declarant or Association Manager in connection with any action. suit or other proceeding (including settlement of any suit or proceeding) to which the Declarant or Association Manager may be a party by reason of any actions, contracts, agreements or other activity undertaken by the Declarant or Association Manager before or after the making of this Declaration. The Declarant or Association Manager shall not be liable for any mistake of judgement, negligent or otherwise, except for willful misfeasance, malfeasance, misconduct or bad faith. The Declarant or Association Manager shall have no personal liability with respect to any contract or other commitment made by them, in good faith, with respect to the Simon Subdivision Exemption or Common Facilities or otherwise, on behalf of the Association, and the Association shall indemnify. save and forever hold such Declarant or any Association Manager free and harmless against any and all liability to any other party on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which Declarant or any Association Manager may be entitled in this regard. 3. Amendment or Modifications. (a) This Declaration may be amended or modified in any particular by the Declarant so long as Declarant is the Owner of two (2) or more Lots, except that any amendment or modification to the provisions of Article IX hereof shall require the written approval and concurrence of the Board of County Commissioners of the County. (b) At any time subsequent to the conveyance of at least three (3) of the Lots by Declarant, the Lot Owners may amend or modify this Declaration in any particular by a written instrument executed by the Owners of not less than three (3) of the Lots, and recorded in the records of the County. Provided, however, that no such amendment or modification of the provisions of Article IX hereof shall be effective unless the aforementioned instrument is also executed and approved by The Board of County Commissioners of the County and by the Owner of Lot 4. Provided further, that no such amendment or modification of this Declaration which affects or purports to affect any rights accorded to or reserved by the Declarant herein or which imposes any additional use or building restrictions on Lot 4 shall be operable or effective unless the aforementioned instrument of amendment or modification is also executed by the Declarant and, as the case may be. the Owner of Lot 4. 4. Severabilitv. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 5. Perpetuities. If any of the covenants, conditions and restrictions of this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provisions 17 • • shall continue only until twenty-one (21) years after the death of the longest lived member of the presently constituted Board of County Commissioners of the County. 6. Non -Waiver. The failure of Declarant. the Association. the Association Manager, or a Lot Owner to object to any breach of or failure to comply with the provisions of this Declaration or any Rules and Regulations by a person subject thereto shall in no event be deemed a waiver of any right to object to the same and to seek compliance therewith at any time. 7. Captions. Article and section captions, headings or titles inserted throughout this Declaration are intended solely as a means of convenience and reference and in no way shall such captions. headings or titles define, limit or in any way affect any of the substantive terms and provisions of this Declaration. 8. Context. Whenever the context requires, any pronoun used herein shall be deemed to mean both the feminine and masculine gender, and the singular shall be deemed to also encompass the corresponding plural. SIN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this day of March, 1999. SONIA L. SIMON AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRED I. SIMON DECLARANT STATE OF CAG/, , /U/, ) ) ss. COUNTY OF J/ -2A.. ft2/9? ) The foregoing instrument was acknowledged before me this % 2t day of /2i/72,eCh2 1999 by Sonia L. Simon, as Personal Representative of the Estate of Fred I. Simon, Declarant. Witness my hand and official seal. My commission expires SEAL /-;*'- 6"e/ � . Maariiyn D 3udreau 01 , Com^i..,1 1 .4205 h (LiOTAAY "125_'5 "; iFO3NIA)L, ,4,:,,, / SAN MAT7.0 COUNTY j \ :',. �-�< Comm Exp. Jan. 24.2001 - qq � 18 �; �/ Lulu, Notary Pubc �e � �:lan-27-99 09:21A PRINCE CREEK 1 Date: / 970 963 2140 P.01 1051 Prince Creek Road Carbondale, CO 81623 Phone 970-963-8182 To: 7o1 n Qarkee Phone: ?LIS - $2) cc: From: RE: S o q 2 V)i sc ar 5y v1Ta Fax 970-963-2140 Number of Pages. % (including cover) Co.: Gay-. Cou -y P! vin Fax: (MS- 7gS Le �eQ Ven worT11 ?Ts- 33I, Phone- `fie-- &I 2 2 - S;oioo Lxeoo PIc}- A rnv-t2- Pe J" Jan -27-99 09:21A PRINCE CREEK January 27, 1999 Garfield County Building & Planning Department Mr. Marls. Beaq Director 109 Bib St, Suite 303 Glenwood Springs, CO 81601 David Hides 1051 County Road 111 Carbondale, CO 81623 970 963 2140 P.02 RE: Sinnott Subdivision Exemption and Plat Amendment of Peach Valley Orchard Subdivision Dear Mr. batt, I am submitting four plats for review by your staff for the February 1` hearing before the County Commissioners. Two plats concern the Simon Subdivision Exemption and two plats concern the Peach Valley Orchard Subdivision. The 72 -hour well to is scheduled to be conducted starting February 21'd by Samuelson Pump Company. Water resource engineer Paul Currier has submitted an application to the West Divide Water Conservancy District to lease water to cover the expansion of the existing use of the historic well. I have attached a copy of the application to West Divide W.C.D. along with the usage calculations provided by Paul Currier, PE. Attorney Gerald Hastert is preparing the well sharing agreement which will state that I will retain ownership of the well, since it also serves the large lot that is the ranch Each lot owner will be provided domestic water from the well with the stipulation that when the lot owner has connected to a central water supply they will relinquish all rights to water from my well. I have also attached a copy of the letter from Sean Mello, Captain of the Burning Mountain Firc Protection District, confirming that both of these subdivisions are within their protection district. I am requesting that the requirement for a 20 -year conservation easement be removed for two reasons. First, the mortgage holder has mused to allow me to burden the Large parcel that I intend to keep for ranching with a 20 -year conservation easement until I have retired their mortgage. Second, if rhe conservation easement is required then I can not claim a charitable contribution for providing the easement I am submitting this with a fixed signature and I will follow with a signed original by U. S. Mail. Please call me if you have any questions. David Hicks 963-8182 Jan -27-99 09:21A PRINCE CREEK Paul C. Currier, P.E. Water Resource Engineer 244 Hutton Ave. Rifle, Colorado 81650 PH / FAX (970) 625-5433 Cell (970) 618-3213 e -moil: pcurricr.c-otjuny4orn West Divide Water Conservancy District 125 West 411 Street Rifle, CO 81650 RE: Application for Water Contract Dave and Connie Hicks Gentlemen: 970 963 2140 P.03 January 20, 1999 Enclosed are completed forms for a WDWCD contract for Mr. and Mrs. Dave and Connie Hick& As the agent for the Hicks, I have enclosed the fdlowing: • Two completed and notarized copies of the WDWCD 'Water Allotment Contract Lease,' • Two completed "Application and Data Forrn to Lease Water from WDWCD,' and, • A check for $231.00 for the administration and recording fees. Mr. and Mrs. Hidcs are requesting a contract for in-house use only for 17 homes for a parcel of ground north of Silt (Figure 1). An existing well and other irrigation rights on the property provide irrigation water. Therefore, this application is for in-house use only. The existing wall on the property was adjudicated In 1910 for 49 gpm domestic and irrigation use. Since it is our understanding that the well has historically served one home, it is our belief that increased in-house use caused by additional residences will be considered an expansion of use and will not be protected by the Green Mountain Reservoir Historic User Pool. Thus, a contract is being requested to supply the in-house needs only for 17 homes. Should you have any questions or comments regarding this application, please do not hesitate to contact me. Sincerely, Paul C. Currier, P.E. Water Resource Engineer cc: Dave and Connie Hicks PCC/pcc Jan -27-99 09:21A PRINCE CREEK 970 963 2140 P.04 Curet 1/01/90 contract Mo. Map ID ib. Dote Activited APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name Dave and Connie Hicks Mailing Address t051 Prince Creek Road. Carbonate, CO 811323 Telepphone Number 070 / 983 - 8182 Aut!lorized gent or Representative Paul C. Currier, RE 970-825-6433 244 Hutton Ave., Rule, CO 81855- 8. 1855-8. WATER RIGHT OWNED BY APPLICANT OR BRING APPLIED POR Name of Right Simon WNI Type of Structure or Right Wee Location of Point of Diversion (description from decree or permit) See Mem 3, Exhibit A water Court Case No. W.r (ZhI A) Well Permit No. 153r115316"87-------- (Attach copy of permit) C. INTENDED USE OF LEASED WATER Location of Area of Use (Include metes and bounds legal description of property an yhich water right is to be used. May be attached ae Exhibit) -see gem 4, Exhibit C Total acreage of above -referenced parcel 119 Acres Addrase of above -referenced property none Description of Use tfl-H91410 Domestic Total NUmber of Dwelling Units 17 Number of Constructed Units 0 Number of Vacant Lots 17 Potable Water System Not Installed Waste -Water Treatment System 1508 Type of Meter or Measuring Device Totalizing flow meter (not Installed) Projected Monthly Volume of Leased Water Needed in Gallons:EXHIBIT() =as PICJRBS AIM XX ACTUAL DIVERSSIONS OR coesueFTIVB use ONLY (Actual diversions tryst be used unless contractee has an at$e atico pian) Jan. 158 Feb. 143 Mar. 1beApr. 153 May 158 June — July ' - Aug. — Sept. . Oct. Nov trs8Dec. "T58-' Annual Total Gallons ----101 Acre Feet 5.71 Maximum Instantaneous Demand gpm D. OTHBR REMARKS In-house use only Date January 20, 1999 Applicant Applicant Agent for applicant: Paul C. Currier Jan -27-99 09:22A PRINCE CREEK FIGURE 1 LOCATION MAP 970 963 2140 January 20,199 %DVNCD AppN4Uon Dave and Connie Hicks P.05 Jan -27-99 09:23A PRINCE CREEK EXHIBIT A 970 963 2140 P.06 Aug -03 X96 *0:03A.FRIMCEhal'. CREEK` • .. r. ' •J.p 7111110 MEP =Me 970 9di3 Deoeptica So. 04 d. RECEIVED ' 1 0 19731. RECEIVE:MAR 2 7 197k ZN feu Karma COUNT IN Ab PON UT= DIVISION No. 3 „00071., allaords& TN TNT SALTS, OR SI APPLICATIOR worn RIG= Of FRED 1. SD= Ikk 17D< COLORADO DIVE1 WI 1ZR 1311102111101 ITIOTTASOf INVOLVED; STALL OF COLOAALO CASS NO. 10....6.211 yog i veOrUrrE�=are ) ) IS CARPIEIaD COITT Els() leesader FIE..ED larisaak N.. E .1.1 2141: OIC . O OO P.03 N. 3 MUM OP US lira= dm tae Refer®. heeled .M. eMor iay.ettsatioss required er Article ?3 of Curter 140, c.o.s. 1963, am easadhat deon honey woke tee ballade( relUad, to wit: Tale yplio.tion we referred to theWaco'. Referee of Yater Divitiea $o. 3 on the 13014147 of ....� July , 1972. Fred i. Simon 1620 Colorado IcsiLavard Deaver, Colorado Y. 170 meso of tae OIrIn rr. If Sion Voll, • 3. T,a Legal deeerlvtive of the .treaters is: 'flea toil to located in the Neatk1Ylik of Section 36, Y. 3 S. R, 92 W. of the 6th P.N. at a point 397 feat West mad 147.5 feet South of the Northeast Cosner of said Section 36. t- Ths agth of tea well i. 20.5 foot. 3. fie M. or lactation of elesoari.tio. Se Sps'th6, 1910- 6. Liao mount of eater claimed is O.i 1 cubic foot , {ear graced Of times 7. leo use et tie Witt to domestic sad trrijation. 1. 9h. Maw 4tl.a•r'e amber is nOoA. 9. Ulf Priority ata is Say 31, 1910. 10. Ib. e.t. of tee appiic.el.w we 1Yly 3, 1972. It is tae died of tb. Referee teat the rtat.s.mts to tit Application .re true cad that tee above looralaoa Yater right Sa appeared sae greeted tee i.di.et.d priori 7; eabj.et. bworer. to all earlier prtorttw right. of ether.. It ie oceorai. 3.y erd.red that this relied .hall beacon efr.otiw .U.e tiling oda tee rater Mork. wlj.ot to J 4tei l roving so yrovid d b Ur. 1. I. of Appilom.t Address • Jan -27-99 09:23A PRINCE CREEK EXHIBIT B 970 963 2140 P.O7 Aup-03•g13 10r:.03A PRINCEC CRCrt 970 963 2140 • ..r . �.� .—.. .•�. �- Mali IS 1St/ i2. WELL L 0C ATION: COUNTY: GARFIEI,D NEiNdtlr.NEtJ4,Boo da STATE OF COLORADO OPPICE QF 111E STATE ENGNeEA 111CoNowN1n tau arwiiii a o.Nw.w .o. arv.n mausomi REGISTRATION OF =REED e011157rlwG WELL PURSUANT TO C.0.6.97.92404(15 rilliatema m(3): FRED 13MAON ESTATE SONIA SIMON SIO Addrraa: BOX4993 St Z ' $I JNGA CA 940114095O114095 Plane: (41 b) t1V7.os.o P-02 Ms IINO soh, moor maim 049153F 32102 -K OWNER* WELL NUMSCR SIMON WEU 36Teo_ 014094•41ra DanoqN Rep. tit WEST. lith P.M. Located rt 141.6 tars trap Na4r Becton lira. W Net from East Section 3 The well het nhtnrteesy been used for the IoIorwIrp purpoe (•): 0om..dc end nneationi. 4. Water from ova well twee ern twist esineficialry by me original owner for On above described InsP (a) on 1910. The SAW d p1n of Int wed A 20.5 tout E The pumpig rsee is 0.11 do. 49 paeans per mimic 5. TAs towage annual amount of wet diverted a not reponse we The lend woe irrigrgod from INN visa is: not reported acres a..cnibsd as: t7ur o.vwo0 or as Suba143100 Lot) aoc7w, F�oNnA t• t:.' FOR OFFICE USE ONLY IN ACCORDANCE WITH THE PRO'VT®IONS OF SECTION 37- , CAS. THE STATE ENGINEER HAS ENTERED INTO 1118 RECORDS. UNOER THE ABOVE WELL PEIVAR NUMBER, TME DETERMINATIONS MADE DY THE MOON 5 WATER COURT IN CASE NO. W -I452 FOR WELL NO. THE REGISTRATION FOR THIS WELL MAS STEN MAETIOED TO REFLECT CURRENT OWNER,ADQRE55 AND LOCATION INFORMATION. . „.02•;00, are..l5grtwr Cowl Gan No. W:teat w ON. t! Co. 23 N0V 0 4 1997 WO 39 Drawn MAO Laa vt Jan -27-99 09:23A PRINCE CREEK EXHIBIT C 970 963 2140 P.08 :12. 20. 1999 l 0 : l 7AM CO LCC TEALTH 717.3 znAt7 1T FOR TITLE Ilr60AAMC: " eGEDOLB A TILS N0. 9 90 0 07 7-a89'Ia BD 1. Effective Date: 4T! day of JIMA= 1999. at 71$9 A.A. 2. Policy or Poll -0100 to be imbued: (a) ALTA O'ER ?O1.ICY (ALTA 10-11-12) Ptapoiee I(teurode Dann Alexa AND coons !ICE6 (b) ALTA LOAN POLICY (10-17-97) Proposed Inaure4e .1S8 2/2 IMMIX L. EXXON AR OSAaazzi. 111111,11/111S111311TXVII OP TI Re?Ai7 OF =ID I. /lno>r. Dbe saa*D 3• ?ho =tate or interest is the iind Onecrlbed or r.feured to Ln the commitment FAQ COvetod herein 1s M Sample and i• at the curet/me date. hereof we.tey 4n, B0IIA L. SIYDY az PIROO AL RAPBB8Y.l11TAT2'iri Ox TIE EITATI OF FRED I. $2111, MRAam 4. The land referred to In thin camitfatret i0 eltulted Ln the County of Garfield, stave of **Locate. and desoribod ae followas T01ilellr i _DoOTE, iI17e= el RUT Or TEE sT' P.X. RiCTIWI 36s n1/4111/4, lis1/41121/4, z2/2111/4. Yl/24l1/41I11/4 EXCIPT TSR 11ORT! 15 FUT OF 7111/411'x1/4 COWRY= TO TUE BOARD 07 COUNTY DORRIS/n*1 B TiI DIM RECORDED JANUARY 7, 1400 IX DOOZ 20 AT PCI 570. COOMTr tGllsm eOffiW1/4., untiuggasit Orae' O POLICY MORTr.Aa:i>t' 1 POLICY zit czaT1QZCATE Authorised Otfi.oeer Or Ageot ow Yalta Cooly is sohoduje 1 and Corot Are A;tachesl a.wtM Lend 'Mg M••ellel•n essit•ene (bred Mb) IMAM Malls C•.m•u•(M l f t 1. Caper fa/ (Mt >tl'tr..e P. A. MCA $I •lila, Gators/• $1M6 Jan -27_99 09:23A PRINCE CREEK EXHIBIT D �� X970 963 2140 WDWCD Application for Water Contract Dave and Connie Hicks In -Mouse Diversions Month No. Days GPD / Residence 1 Gal / Month / Residence i No. of Residences Total AF / Gal / Month Month Jan 31 350 10,850 17 184,450 0.57 Feb 28 350 9,800 17 166,600 0.51 Mar 31 350 10,850 17 184,450 0.57 Apr 30 350 10.500 17 178,500 0.55 May 31 350 10,850 17 184,450 0.57 Jun 30 350 10,500 17 178,500 0.55 Jul 31 350 10,850 17 184,450 0.57 Aug 31 350 10,850 17 184,450 0.57 Sep 30 350 10,500 17 178.500 0.55 Oct 31 350 10.850 17 184,450 0.57 Nov 30 350 10.500 17 178,500 0.55 Dec 31 350 10,850 17 184, 450 0.57 TOTAL 2,171, 750 6.67 Note: In-house diversion based on an average daily usage of 100 gallons / person /day and an average household occupancy of 3.5 persons year around. Outside stock and irrigation provided by other rights. Paul C. Currrier, P E. January 20, 1999 Domestic Water Use, xis P.09 rays � w i Jan -27-99 09:24A PRINCE CREEK BMFPD 970 963 2140 P.10 m PO BOX 236 SILT CO 81652 January 20, 1999 DAVID HICKS 1051 PRINCE CREEK ROAD CARBONDALE CO 81623 To Whom It May Concern, All properties along Garfield County roads, 261 and 250, are within and covered by the Burning Mountains Fire Protection District. The first response station is located in the town of Silt. Feel free to contact me with any questions at (970) 876-5742. Evenings and weekends are the best time to reach me. Sincerely, Sean Mello Captain Station #1