HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning DePartment
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970. 945. 8 212 F acsimile: 970. 384 .347 0
wvwv. q ar-fiel d-co untv. co m
Exemption from the Definition of Subdivision
GENERAL INFORMATION
(To be completed by the applicant.)
P StreetAddress/General Location of Property' 7434 County Road 117
G l enwood Spri ngs , C0 81601
F Legal Descriptionof ParentProperty: see attached
F Sizeof Property(in acres) asof January 1,1973' 53 acres
F Current Size of Propertyto be Subdivided (in acres): B1' 5 acres
F Number of Tracts / Lots Created Including remainder of Parent Property:
F Proposed size of Tracts / Lots to be Created lncluding remainder of Parent Property:
o Lot #: I containing 25 + acres
o Lot g'. 2 containing 10 + acres
o Lot #: 3 containing 1o + acres
o Lot#: 4 containing 35 + acres
o Lot #: _ containing
-
acres
F Property's Zone District: A/R/RD
) Name of Propertv Owner (Applicant). Peter Stainton / Purchaser
) Address:Telephone:
F City:State. Zip Code:- FAX:
D Name of Owner's Representative, if anv (Planner' Attornev):
,lohn Cnllins. Fsq -F Address. 1416 Grand Avenue Telephone. 945-2077
Glenwood Spri ngs State: C0 ZipCode: 81601 FAX. 945-1029
STAFF USE ONLY
Date Submitted:- TC Date:
RTCE'}IP:
JUL ? 1 Luu,
git;"rut;;^Ki*il':
Date:
Cel.ou,, HouPr & tIAMILtotrt, P.C.
1204 Grand Averrue
Glenwood Springs, CO 81601
Telephone (970) 945-6057
Facsimilo (97 0) 9 45 -6292
FAX CO\iER STMET
fl*r Time:
Name: Eril [U/ttfi-.--FffriTI' ,' t qvf-rztz
Fa:r#: d.kfi-
From: S/ru*-w k'('u;-
Number of pages to be nans#tted (inoluding cover page):
/ Sh-r- /f,*fi *A'* {ec'L*7*lfri,,*fr'LMtr#
If you encountor any difficulty in receiving the total n{hber of pages ffidicated
DOCTIMENT:
REIvIARIG:
NOTE:
above, PIEASE CAIL (970)945-6067 AS SOONAS POSSIBIJ.
ORIGINAL SENT BY U.S. MAIL: NO
THIS FACSIIvIIIJ TRAITSMISSION IS STRICTLY CONFIDENTIAL Ai{D INTE}{DED ONLY
FOR TTIE INDMDUAL OR ENTITY NA},IED ABO\8, IF YOU HAVE RECETVED TTIIS
FACS]MILE TRANSMSSION IN ERROR, PLEASE NOTIFY TIIIS OHFrcE IMMEDIATELY
,{I.ID RETURN THE TRAI.{SI\{ISSION TO US AT THE ABOVE ADDRESS. TI{ANK YOU.
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s02544 8.1003 P-?{0 12118/rS96 ll:ssA nG 1
I'(IIJRED AlsMNF GANFIEI.D Cd.O{il CLM( A}O
OF 1 REC DE NCr
RMRDEn 6-00 28.4s fi;'
QUlr cr."AtM Deeo
lgl5 DEED, rpadc tlir l4rh day' of Ocrober. 1996. bclwecrr
WIIII^M B. JACI$ONand FRIEDAII. JACI(SON, of rtre Counryof Grrficld
end Sure of Colorado, (GnntoB), rnrl rhe F&W J.dCIGON FAlyilLy LLLp, e
Colorrdo Limltcal lllbility Linited PrrtnentlD, wkrsc logal rddrsss is 7414
Coonry Road l l7. Glcnwood Springc, CO 8IdOl (6nntco):
WIII{ESSEIE, fhrl thc Grantors, for tud h considtrstion of thc susl of Oac Dol hr rnd odrcr
good rod vrlrubb considcratioq tln receipt rad sulfrcicncy ofwhich ir hcrcby ackrrowlcdge( hrvc romised,
relersc,4 gol4 cortvcyod rnd QIIXT CIJIMED, urd by thct* prcscnu do rcmisc, rutcrsc, tclt, cqnyoy mJ
QUfr CLA&I ufito thc OfilFa its succcsgorg and rsiigns forovcr, rll ttre rigtrt, tilto, intcrest, chim and
denrrnd whioh ilte Grsnlors hlc in aad to tha ttal proprty, logcthcr with iroprovcrreotl if roy, siruatc,
lylhg rrd being in thc County of G,{R}IELU arrd Surc of Colorudo describcd eg follows:
Prttel l
Townstrip ? Sornh, Ferrge 89 Wcsr of tha 5rh prinoiptl Mcridirn
Section22: All rhrt $rt oflots l, 6,7, ll trid 12 lying Er*rcrly ofCounty
Rord I l7 *hich runs up Four Mih Crcck s nid road i3 prssenl}y
consrucrcd and in plrcc aM rt said yoad travcn4€ the abov+
dcscribcd lsndB.
Scctior 23: Lor2 urd l
Togctlrer with rll w*cr and welci righti, ditch snd diUh righB rppur{roent ic or
tppildiling to thc rbovodcscriM propcrly.
Psrccl 2:
To*rrship 7 Sourh, Rtngc t0 Wcst of thc 6tr Frincipal Mcridian
Scction 23: t,og 6,7, I I end 14
Together rvirh all rnlnaal doposire othcr lharr oil, g* rnd rodiom h rhc rbov+-dcseribcd
tild.
e lso knom by :trcct and ounbcr rsl 7{14 Colrry fi,ord I I 7, Glarwood Springr, CO I I 60 I
to IIAVE AND ro HOI,I) tt' srme, ro6tdhc( *irh rll and singular rhc eppunenrnccs rld
privilcge thoeunto bctonging or in lnlnvilD rhcru[to rppcrt*ioing, a.ud rll d* osruq rigbt, tirlc, inrercst
and ctrht u,hatgocvtr, of rhc Gnnro6. oithcr in t*rv or cquiry, to tho only propc,r usc, beucftl qd bcfroof of
rlrc Onmec, itg succaltolr Efld rssigrtc for!,vct
IN WITNESS WIIEREOR rhc Grootors hevo exccuM his docd on thr daro sct fordr tovr.
STATE OF COLOII^DO
nc this l0th day of Omobcr, t996, by
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Notary Public Q
Richard Wheeler, Senior Planner ,^N21
Garfield County Building & Plannirfurylqlpl
108 8th Street
Suite 201
Glenwood Springs, CO 81601
Dear Mr. Wheeler,
On June 22,2005I received a letter and information on the Jackson Ranch, 117 County
Road, Glenwood Springs, CO from Sherry A. Caloia of Caloia, Houpt & Hamilton, P'C..
The letter was in reference to the subdivision exemption for the Jackson Ranch and
request we approve the water supply for fire protection at the Ranch.
This is the first contact we have had from any of the applicant about this subdivision
request. The letter states there are two wells on the property that produce 15 gallons per
minute and nothing else about the proposed water system at the Ranch. Before we can
approve the fire protection water supply the following information will need to be
submitted to the Glenwood Springs Fire Department for review:
Amount of water storage Planned
Layout of water distribution system
Number and size of structures planned for each lot
Location and size of access road/roads into and in subdivision
Does the area contain wildfire hazard fuels that need to be mitigated i.e. a
wildfire fuels mitigation plan may need to be drafted and approved.
The residences may be required to have residential fire sprinkler systems
installed in them
The above list is not all-inclusive, as more information on this pro-iect is presented, item
may be added or removed from it.
If you have questions, please contact me.
Sincerely,
{nrn|{U' Bnr,.< L--
Ronald L. Biggers JJ
Fire Protection Analyst
a
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a
IO1 WEST 8TH STREET GLENWOOD SPRINGS, COLORADO 81601 970-384-6480 FAX 970-945-8506
Richard Wheeler, Senior Planner
Garfield County Building & Planning Department
108 8th Street
Suite 201
Glenwood Springs, CO 81601
Dear Mr. Wheeler,
On June 22,2005 I received a letter and information on the Jackson Ranch, I 17 County
Road, Glenwood Springs, CO from Sherry A. Caloia of Caloia, Houpt & Hamilton, p.il..
The letter was in reference to the subdivision exemption for the Jackion Ranch and
request we approve the water supply for fire protection at the Ranch.
This is the first contact we have had from any of the applicant about this subdivision
request. The letter states there are two wells on the property that produce 15 gallons per
minute and nothing else about the proposed water system at the Ranch. Befoie we can
approve the fire protection water supply the following information will need to be
submitted to the Glenwood Springs Fire Department for review:o Amount of water storage plannedo Layout of water distribution systemo Number and size of structures planned for each loto Location and size of access road/roads into and in subdivisiono Does the area contain wildfire hazard fuels that need to be mitigated i.e. a
wildfire fuels mitigation plan may need to be drafted and approved.o The residences may be required to have residential hre sprinkler systems
installed in them
The above list is not all-inclusive, as more information on this project is presented, item
may be added or removed from it.
If you have questions, please contact me.
Sincerely,
Ronald L. Biggers
Fire Protection Analyst
6PE€N
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FILING NO.
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CALotA, Hourr cr HautrtoN, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
Telephone (970) 945-6067
Facsimile (91 0) 9 45'6292
FAX COVER SHEET
X{*,ui.. \ [:r$
JUN 0 9 2005
GARFIELD COUNTY
BUILDING & PLANNING
Timo:
lrnrnEDlP'fW
UH;*, RlcuARD t^r l+EE Ld
IH?:u' 3Bq 391 0
From: B\uu ts Ruutl,JJ OR-II-\
Number of pages to be kansmitted (includrng cover page):
DOCUMENT:
RE.\4ARK', RE-: STIA lNTol'J
NOTE: If you €noounrer any difficulry in receiving the total numbcr of pages indicated
above, PLEASE CALL (9?0) 94s-6067 AS SOON AS POSSIBLE'
ORIGINAL SENT BY U.S. MAIL: NO
THIS FACSIMiLE TM}ISMISSION IS STRICTLY CONFIDENTIAL AND INTEI{DED ONLY
FOR TuE INDMDUAL OR ENTrfy NA-IVIED ABo\rE. lF YOU I{A\E RECEITED TTIIS
FACSIMtr,E TRAI{SMISSION IN ERRO& PLEASE NOTIFY THIS OFFICE IMMEDIATELY
ArllD RETI.JRN TIIE TRAI.ISMXSSION TO Us AT THE ABovE ADDRESS. TI{ANKYOU.
R\ciiftrqg firncilm pranSE FrxrD
Jburu\ kuTtJoRaATloFJ SH ouLD
you Heue rquy ouEsT] DNS /
GtuE rnE F C*LL
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JOHN C. COLLINS, P.C.
Attorney atLaw Rite Executive Suites, Suite A
1416 Grand Avenue
P.O. Box 564
Glenwood Springs, Colorado 81502
Phone: 970-945-7077
Fax: 970-945-1029
Email: collinslau,pc@cs.com
June 9,2005
Via Facsimile
384-3470
Garfield County Building & Planning Dept.
Richard Wheeler
109 8m Sfieet, Suite 201
Glenwood Springs, CO 81601
Re: Peter Stainton: Jackson Exemption Application
Dear Richard:
I hereby authorize She,rry A. Caloia, Esq. of Caloia, floupt & Hamiltom, P.C. to represeot
me regarding the Peter Stainton, Jackson Exemption Application currantly under review
at you office.
Thank you.
G_ Gr-s,"^ obilins
John C. Collins
ljcc
CALotA, Houpr * [Ianru.roN, P.C.
1204 Grand Avenue
Glcnwood Springs, CO 81601
Telephone (970) 945'6067
Facsimile (97 0) 945'6292
FAX COVER SI{EET
,o* \r\q \OS
rffiffirD
RECEfVED
JUN 0 g 2005
,",fffi,:?r?f#^ilJJ
Iffi;*,, Rtc+lnRD N Ha€.Lffi
IHH# 3Bq 391 0
From: B\uu B RutttJJ ORTA
Number ofpages to be transmitted (including cover page):
DOCUMENT:
REMARK', RE: SrA lN-rbN
NOTE: If you e,ncountsr any difficulty in receiving the total nurnber of pages indicated
above, PLEASE CALL (970) 94s-6067 AS SOON AS POSStstE.
ORIGINAL SENT BY U.S. IvIAIL: NO
THIS FACSIMIM TRANISMNSION IS STRICTLY CONFIDENTIAL AND INTE}{DED ONLY
FOR T}M INDIVIDUAL OR ENTTTY NAMED ABOVE. IF YOU HAVE RECETI/'ED THIS
FACSIMILE TRANSMXSSION IN ERROR, PLEASE NOTIFY THIS OFFICE IMMEDIATELY
A}ID RETURN TIIE TRA}ISMISSION TO US AT THE ABOVE ADDRESS. THANK YOU.
Tbt-IxiS RUTNO Ra,ATI oF]
R\cHnRo ATtncUm Ptffi s-t,
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you )icue ff 'uy OUtrSn DNS / ,
Ctue- t?aE F CALL tmmEDfFlTEl{
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JOHN C. COLLINS, P.C.
AttOfney atLaw Bute Executive Suites, Suite A
1416 Grand Avenue
P.O. Box 664
=----:::--=::-iry93#3
Phone: 970-945-2077
Fax: 970-945-1029
Email: colliqslaupc@.cs-corn
Junc 9,2005
Via Facsimile
184-3470
Oarfreid County Building & Plarming Dept.
Richard Whoeler
109 8th Streot, Surte 201
Glenwood Spnngs, CO 81601
Re: Peter Stainton: Jaclaon Exemption Application
Dear Richard:
I hereby authorize Sherry A^ Caloiq Esq. of Caloia, Houpt & Hamilton, P.C. to reprcsent
me regarding &e Peter Stainton, Jackson Exemption Application currently under review
at your office.
Thank you.
G---G-Sh" e{,[ins
John C. Collins
ljcc
GARFTELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
ANT has submitted to coIlNTY an application for :fubdn|zU
(hereinafter, THE PROJECT).
2. APPLICANT uuderstands and agrees that Garfietd County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the fuIl extent of the costs involved in processing the
application. APPLICAI.{T agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COLINTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting
rervice determined necessary by the Board of County Commissioners for the consideration of an application or
additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the
initiat Base Fee, APPLICAIIT shall pay additional billings to COIINTY to reimburse the COUNTY for the
processing of the PROJECT mentioned above. APPLICAI{T acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
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PETER STAINTON: JACKSON EXEMPTION APPLICATION
TABLE OF CONTENTS
A. Letter from Caloia, Houpt & Hamilton, P.C., on Behalf of Peter Stainton,
Applicant
B. Application for Exemption form the Definition of Subdivision
C. Narrative Concerning Reason for Application
D. Plat Map / VicinitYMaP
E. Letter Regarding Purchase of Property by Peter Stainton
F. Property Owners Within 200 Feet of the Subject Property
G. Evidence and Character of Soil Types
H. Well Permit
RHflY'YVE,B
MAY I 3 2005
GARI ii: ,. ,-lOUu i-Y
BUILDIhIG & PLANNING
C,q.rom, JF:[ouer s HnnnlrroNo P"C.
ATTOR.NEYS,\T N-,&W
SI{ERRYA. CALOIA
JEFFERSON V. HOUPT
},4AR.K E. HAMILTON
M,dRY ELIZAtsETH GEIGER
CYNTHIA F. FLEMING
I2O4 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 8I60I
'TELEPHONE (970) 94s-6067
FACSIMILE (970)94s-6292
S e nde r's e mail : scalo ia@s o pris. net
May 13,2005
Fred Jarman
Mark Bean
Garfi eld County Planning Department
109 8th Street, Suite 201
Glenwood Springs, CO 81601
RE: Stainton ApplicationforJackson Exemption
Dear Fred and Mark:
Enclosed please find an Application for an Exemption from the Definition of
Subdivision, which we submit, along with this letter and the enclosed notebook, on behalf of our
client Peter Stainton.
The following serves to address the Application Submittal Requirements, and is
numbered consistent with the information requested on page 2 of the Application under such
heading.
t. Narrative. Please see Exhibit C the notebook.
Qe Sketch Map. A Map, at a minimum scale of 1":200' showing the legal
descriplion of the property, dimension area, and legal description of all proposed lots or separate
interests to be created, access to a public right of way, and any proposed easement for drainage,
irrigation, access or utilities, is included in the enclosed notebook at Exhibit D.
3. Parcels. Parcel 1 will have one house and one ADU, Parcel 2 will have one
house, Parcel 3 has one existing house and Parcel 4 will have one house and one ADU.
4. Vicinity Map. A vicinity map, at a minimum scale of l":2000' showing the
general topographic and geographic relation of the proposed exemption to the surrounding atea
within two (2) miles, is included in the notebook at Exhibit E.
5. Deed. Peter Stainton is currently under contract to purchase the subject property
from Frieda Jackson. Please see notebook at Exhibit F for verification from Ms. Jackson.
6. Names and Addresses. The notebook contains a list of property owners within
200 feet of the subject property at Exhibit G. The mineral owners and lessees of mineral owners
of record of the property to be exempted are Frieda Jackson, the owner of the property to be
STAINTONItT-Jarman-exemption application.doc
FNI
CALoIA, HouPr & HAMILToN, P.c.
Garfield County Building & Planning Dept.
Mayl3, 2005
Jackon ExemPtion
Page 2
purchased by Applicant, and The United States of America, by virtue of reserved right in the
Land patent-recorded in Book 659 at Page 588 in the Garfield County real property records.
There are no structures proposed for conversion'
D\
@ Evidence and Characteristics of Soil Types. Please refer to Exhibit G in the
attached notebook.
n. 8. Source of Domestic Water. See Well Permit Nos. 45881 ,263271 and 263272,
Exhibit H in attached notebook. Please note that Jackson Well No. 1 will serve Lot 3 with the
existing house, Jackson Well No. 2w1ll serve Lots 1 and 2, and Jackson Well No' 3 will serve
Lot 4.
9. Sewage Disposal. The sewage disposal method will be ISDS.
@ Fire District Letter. It is this firm's understanding that subsequent to the
submittal of this initial application, and not before, we should solicit a letter of approval from the
appropriate fire district.
11. Community or Municipal Water Supply. N/A (the property will be served by a
well and a private sewer sYstem)'
lZ. Existence of Parcel on January 1,1973. The chain of title evidencing that the
legal description existing on January l, lg73 matches the legal description of the property owned
by Frieda Jackson, is as follows:
. William B. Jackson and Frieda H. Jackson were conveyed Lots 1,4, 6,7,8,9,10, 11,
12, 13, 14, 15, 16 SE1/4 NWl/4; NE1/4SW1 14 of Section 22; Lots 2 and 3 of Section 23;
W1/2NW1 14;Lots2 and3 of Section2T, allin Township 7 South, Range 89 West of the 6th
p.M., containing 568.58 acres, more or less, by deed recorded in Book 288 at Page 568 on
November 10, 1955.
. William B. Jackson and Frieda H. Jackson conveyed to Pierce Mangurian all that part
of the property described above lying westerly of the County Road which runs up Four Mile
creek, by deed recorded in Book 415 atPage 28 on Novemb er 17 , 1970.
. The remaining property which is the subject of this exemption application, Lots 6, 7,
11, and 14 of Section 23, Township 7 South, Range 89 West of the 6th P.M., was obtained by
William B. Jackson and Frieda H. Jackson by Land Patent granted by the United States and
recorded in Book 659 atPage 588 on November 5, 1984'
13. Base Fee. The $300.00 base fee is included with this submittal.
14. Two Copies of Submittal Documents. This letter, the attached application form
and the materials in the notebook are being submitted in duplicate.
STAINTON-ltr'-J arman-exemption apphcation.doc
FN.I
CALOIA, HOUPT & HAMILTON, P.C.
Garfi.eld County Building & Planning Dept.
Mayl3, 2005
Jackson Exemption
Page 3
Please do not hesitate to call me with any questions or comments or to request further
information. My understanding is a planner will review this submittal within fifteen (15) working
days for technical completeness, at which point we will be contacted regarding the status of the
application. I look forward to hearing from you. Thank you for your time and assistance.
Sincerely,
CALOIA, HOUPT & HAMILTON, P.C.
1t*-//en*
Sherry A. Caloiag
SAC/off
Enclosures
cc: Peter Stainton, w/o enc.
STAINTON-ltr-Jarman-exemption application.doc
FN-I
JOHN C. COLLINS, P.C.
Attorney at Law
Rite Executive Suites, Suite A
l4 16 Grand Avenue
P.O. Box 664
Fax: 970-545-1029
Email: collinslawPc@cs'com
Garfield CountY
Building & Planning DePartment
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Stainton application for Exemption from the Definition of Subdivision
peter Stainton is currently under contract with Frieda Jackson for the purchase and sale of
her property located at7434CR 117. Said property is approximately 81'586 acres in size'
Mr. Stainton is the son of Virginia Stainton, who is the owner of Argonaut Farms, located
directly across the street from the subject property. It is the intent of Mr' Stainton to apply for
the Exemption so that he may create io,rt sepurate parcels; keeping one for himself and selling
the remaining three to friendi associated wlih ergonaut. Mr" Stainton's primary interest in
acquiring this property is to preserve that area of four-mile by preventing over-development' At
this time, it is Mr. Stainton's intent to deed restrict all parcels to single-family homes only (two
parcels with ADU's).
Very truly yours,
JOHN C. COLLINS, P.C.
Oct 04 05 11:5la Vin6inia
Oct 03 2OOS I l. : SSRll COLL I IIS
Sta i nton
LBU! PC
303-499-2454
9709/t51029
p.1
p."
VirginiaSaintm
313 Foxtail Court
Bouldcr, CO E0305
October 3,ZOOi
Ivtr, Riohard Wheeler
GarEeId County Building & Planning
l0l 8h Stneet
Glenwood Spriogs, CO 81601
Dcar Mr. Whecler:
Ihave reviewed the August 30 letter from Mr. Biggcrs rcgardiug the Stainton
Excnption. Itis myudersunding that subsequeot to that lettcr, Mr. Collins melwith
Mr. Biggcrs and agreed that Argonaut would cornmit to installing two dry-hydrants and
will consider a third if an agreement is reachcd between Argonaut and lhe owner of lhe
water in the upper ponds (which were iilentified during Mr. Biggers' inspection). I also
agrcc that ono of the hydrants sball be installod prior to above-surface construotion on
any of the exerrption lots.
Very truly yours,
C: RonBiggsrs
a
-*Gr k-, I c
!s{ C-) !- >\h. '\ nA ')i :5rCLsr,\ xA* ,:J -. {NUJS' C'B
05/04/2005 14:49 FAX 1970945S769 LARRY GREEN @ooz
MS, FRIEDA ]ACKSON
7434 County Road 117
Glenwood SPrings, CO 81601
MaY 3,2005
Garfield County Building & Planning Dept'
108 Eighth Street, Suite 201
Glenwood SPrings, CO 81601
RE:STAINToNAPPLICATIoNFoREXEMPTIoNFRoMTHEDEFIMTIONoFSIJBDIVISIoN
Dear Sir or Madam:
PleasebeadvisedthatlamcurrentlyundercontractwithPeterStaintonforthesaleand
pwchase of my property located at the above address'
I am aware and in support of Mr, Stainton's applications for Exemption from the Definition
of Subdivision regarding said property'
Very trulY Yours,
JACKSON EXEMPTION APPLICATION
LIST OF PROPERTY OWNERS WITHIN 2OO FEET
Crystal River Ranch Co. LLP
ssi t z'h Street, Suite 2400
Denver, CO 80202
Carol Kiese
7906 County Road 117
Glenwood Springs, CO 81601
Upper Four Mile Road Ranch ComPanY
8426 Green Island Circle
Lone Tree, CO 80124
Hayden Rader
P.O. Box 686
Glenwood Springs, CO 81602
Arbaney, Elmer Revocable Trust &
Louise L. Revocable Trust
2585 Midland
Glenwood Springs, CO 81601
VHS Limited PartnershiP, LLLP
313 Foxtail Ct.
Boulder, CO 80303
Chamberlin, Morrison Early & Mary Knittle
6811 County Road 117
Glenwood Springs, CO 81601
Ann S. Hopkinson
6173 County Road 117
Glenwood Springs, CO 81601
F&W Jackson FamilY, LLLP
7434 Cowty Road 117
Glenwood Springs, CO 81601
Oak Meadows DeveloPment CorP.
P:O. Box 1298
Glenwood Springs, CO 81602
Howard U. Motz
P.O. Box 3299
Grand Junction, CO 81502
STAINTON-list of ProPertY owners
CALoIA, HOUPT & HAMILTON, P.C.
Peter Stainton
February 10,2005
Page 2
Randell N. & Jean A. Smith
P.O. Box 986
Glenwood Springs, CO 81602
STAINTON-clienrltr-1
(Collins)
A4/29/28O5 15: L9 974945AA37 PAGE Z2
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l;rj;'i,,::rr r:-}l' ':.:.
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rdo
'nct'res or more i?:]^V
I . " auPrn 0127 inches
iiXll r,"u' of showalter and
"'*rr.l
ul auo't 1o Percent
il' .:
! A"r." soil' Available water
J" tooting dePth is 6o
itw, *a ihe nazard of water
.:
for irrlgated croPs or as
pasture or homestte
nunity on this unit is mainlY
aho fescue, western
laoebrush, and Saskatoon
inia.n"tu.,erize this site are
Laj rabbitbrush' elk sedge'
. The average annual
,tiot ii about t ,500 Pounds
tition deteliorates, mountatn
abbitbrush, KentuokY
=Js incr"as" in abundance'
*oetarion has seriouslY
,JU.o. The suitabilitY of this
rood.l" lrrigat"a croPs. Corrugation
t. ti furrow or corrugation
,v, runs should be on ihe
rs, Becauso of 'the slow
l, the aPPlication of water
,ut *Lt"t'Ooes not stand on the
crops. The content of organic
t by using all croP residue'
rs, and using a suitable
o'apptications of nitrogen and
rop"rty managed, the unit can
rrley per acre annuallY'
i to haY and Pasture' A
ared on the cOntour 0f ac[OSS
l. Proper slocking rates'
,tricted grazing during wet
pastur; in good condition and
:ion. Fertilizer is nseded to
rvth o{ grasses and !egumes' lf
rnit can produce 4 tons of
rcre annuallY'
ted to homesite develoPment'
a high shrink-swell Potential,
rw permeability. Structures,
, and landscaPing should be
: reflect these limitations.
osulted in increased
eas of this soil'
This map unit is in capability subclasslVe' irrigated
and nonirrigated- lt it in ir-'" Mtuntain Loam range site'
-Acree loam, 6 to 12 percent slopes' This deep'
well drained soit ls on attuvial fans and vallay side
=i.ir"l. it i;*Lo in uilu'i" and residuuT 9"''::i.--'^^
i",i.li*"irv from redbed sandstone and shale' Elevatton
." ;:ffi ;; e,roo t"u,. The average annu.al precipitation
is 16 to 18 inches, tne average annual.air temperature
is 38 to 42 degrees f , ana th"e average frosl-free period
is 95 to 105 days' , ---..:^h L-,Ar^,n
lt]dZ0:Z '62'r dV
il, pt.riv, ii,e s u,tace I iv u:I=- d i'Ii t,"Y:tl :l1tlrviJrLarr/r I tni"r' The upper 4 inches of the
loam aboui 10 inches ;^ ^ro., -Fha
:11:":,'"'::,^i r"'r'. ii.' '::'j ,'"1ff"','r:JiHI
t*"
suusurr rD vrar "" ; auout 7 inches thick- The
next layer is clay loar _L^a ^r mnro iq cl
Hl: i lJ; ; ",
o"' I'o
""J
r' o r o 0 i n c h es
"
t- 1: lt ] : ;]tLsuDsrta\urrr ru a vvh'r'r vti*o"
to a depth oi 27 inches
loam. The soil is non
"nO
cat"areous below that dePth'
i":il::fiilri.=i"i''* ='Ljr areas or-sho1*=::
Morval soils. lncludeda'ea= ma[<e up about 10 percenl
of the total acreage'
Permeability is slow in the Acree soil' Available water
capacity is high' The efiective rooting depth is 60
inches or more. n'n#"'!-m"aium' ana the hazard of
water.erosion is moderate'
This unit is used m"ain'y for irrigated hlV or pasture' lt
also is used as t'ngt;ni' for a limited number of
;''";#;;;pa ot tir homesite development'
The potentiat plant'"omn'unity on this unit is mainly
Lettorman needlegrass' tdaho fescu.e' western
wh e aig rass, *0, n'ui n-ui g sage brusn
I ^i1,1
saskaloo n
serviceberry. other of"ti thit characterize this site are
slender wheatgrass,'i'n'et"ut rabbitbrush' elk sedge'
and scattered GambeioLX' fh" average-annual
ffiffi;; .irita"l "#iation is about 1'500 pounds
per acre. lf the range cJndition deteriorates' mountaln
bio sagebrush, tanceleaf rabbitbrush' Keltucky
bluegrass, ana ann'ai weeds increaso in abundance'
lI the quality ot 'ung"
vegetation has s'eriously
deteriorated' s""oing i= n"Jatd' The suitability of this
untt lor range seeding is good'"' ir,i, uniii= welt lu]ted-to hay and pasture' A
seedbed should be prepared on the contour or across
the slope where praitltut All adapted^pasture plants
,un!."g'ro*n, nut ouncrr-type species,planted alone
generally are not n'it'Uf" b"t"=" of the hazard of
erosion, Proper a'otfing rates' paslure rotation' and
restricted grazing Outini wet periods h.:lp to.l??p thu
;;";; inlooo ionditi6n and protect the soil from
erosion. Fertilizer is needed 1o ensure the optimum
growth ol grasses unJ itg'*us' lf properly managed'
iire unit ca-n produce 4 tons of irrigated grass hay per
acre annuailY.
This unit is suited to irrigated crops' lt is limited
EA f9vd AINnOC
,/11{tYi(,r.1f , {r,i(\ r'(.If TIUV9 VCSN
18
mainly bY tfre slope' Corruga'
thie unit. 11 {urrow or corrugat
used, runs should be on the
slope. Because of the slow P
the aPPlication of water shou
watei does not stand on the
crops. The content of organi
bv using all croP residue, Plo
ana using a suitabte rotation'
aoplicatiJns of nitrogen and
properlY managed, the unit
t"riev bet ucre annuallY'-
This unit is PoorlY suited
The main limitations are the
Strength, and the slow Per
{acilities, roads, and
and planned to reflect these
growth has resulted in incre
on this soil.
This maP unit is in capaE
and nonirrigated. lt is in tha
5-Acree loam, 12 to 25
well drained soil is on alluvi
slooes. lt formed in allu'
dominantlY from redbed
is 6,500 to 8,200 feet' The
is 16 to 18 inches, the a
is 38 to 42 dogrees F, and
is 95 to 105 daYs.
TvPicallY, the surface la;
loam'aOoui 10 inches thick
subsoil is claY loam' The I
next laYer is claY loam al
substratum to a dePth o{
loam. The soil is noncalca
and calcareous below that
lncluded in this unit are
Morval soils' Also included
are similar to the Acree
lncluded areas make uP
acreage.
PormeabilitY is slow in
capacitY is high. The eftect
inches or more- Runoff is r
erosion is moderate'
This unit is used nrainlY
as wildlife habitat.
The Potential Plant
Letterman needlegrass,
wheatqrass, mountain big
serviciberrY' Other Plants
slender wheatgrass, lanc
AJNnOS olfIluv9 vosn v Leea9p6aL6 5T:gT iAAZ/62/FO
ild1,t:Z '02 toV pe^La33u
n irrigation is suited to
n irrigation systoms are
our or across the
rmeabilitY in the subsoil,
be regulated so that
rlace and damage the
tter can be msintained
ing under covor crops,
)rops resPond to
osphorus fertilizer' lf
pioduce 80 bushels of
homesite develoPment'
rrink-swell Potential, low
itv. Structtlres, sanitary
snoutd be designed
ty subclass lVe, irrigated
4tuntain Loam range site'
aoebrush, and Saskatoon
rJt characteriTe this site are
nt slopes. This deeP,
lans and valleY side
residuum derived
tone and shale' Elevation
rage annual PreciPitation
annual air temPeralure
average frost-free Period
r is dark graYish brown
Ihe uppei 4 inches of the
13 inches ib claY. The
7 inches thick- The j
nches or moro is claY
to a dePth of 27 inches
)th.
,rl'ur"n. of Showalter and
re srnall'areas of soils that
are coarser texlured'
t 15 Percent of ths total
Acree soil. Available water
,e rooting dePth is 60
pid, and the hazard of wat€r
rangeland. lt also is used
unity on this unit is mainlY
fescue, wostern
Population
ed construction of homes
af rabbitbrush, elk sedge'
and Gambel oak.
dry vegetation is
rahge condition c
lanceleat rabbitbt
weeds increase i: The suitability
The main timitatir
This unit is Pq
The main.limitati
ootential.
:This maP unit
nonlrrigated. lt i."
l
, 6- AlrnY loan
well,drained soil
alluvium derived
sandstone and P
The average anr
average annual
and lhe avgragq
TyPicallY, the
ahout 8 inches t' is fine sandY loa
leam, The subsl
is fine sandY loa
of '1,1 inqhes an<
lncluded in th
soils. inoluded e
totai acrgage.' iermeability
Waler caPacitY ii
: inches or more''
water e'r'osion is
This unit is n
Potentia{ Plant c
wheatgraEs, lnc
Douglaq rabbltb
Prairie junegras
blubgrass also
ptoductiontol ai
,'8ci8. lf tha ranE
sagebrush, DoL
annual weeds i' Tho suitabilit
Loss oi the sur
thei unit to Prod. ' This unlt is v
llmitations. Gra
feftilizer is uget
produce 5 tons
This unit isi!
,' ,,1n,a map un: and nonirrigaie
Soil Survey
rd Gambel oak. The average annual production of air-
r-., ',a^at2ti6n is about'-t,5Od pounds pef acre' lf the
:jl#ffiii;;;;i*b'ail'''ountain bi g s as e bru sh'
ili-,'Jffi ,looitu"tt"', Kentucky bluegrass' and annual
weeOs increase in abundance' - -l";;; tuir"[iritv of this unit for range seeding is fair'
The main limitation is the sloPe
This unit is poorly "itua
to homesite.development'
The main limitations ,r"'in. rrope and the shrinl<-swell
ootential.
'" fn'iinro unit is in capabilitv.slu-cl11lt e'
".;ift;i;i.li i* in t'" i'tountatn Loam range site.
e,-Almy loam, 1 to 12 percent slopes' This deep'
well drained soil is on fans anO uplands' lt formed in
alluvium derived oolTrinuntry from calcareous redbed
sandstone ano sfrate"'Et"uition is 6'000 to 7'800 feet'
ii;;;;;;n; ann'ut'pr""ipitation is 12 to.14 inches' the
average annual 'it tJ'p""tt're is 42 to 46 degrees F'
and the average "ott-ti"u
period is.B.5,to '105 days'
""i;;;i;, th"e surface layer is 1eloi,slfrown loam
illffi;il"t tt..rtx' ine '1ipe'rl
in:lo-s. or the subsoil
is fine sandy loam' Tne twer f s inches is sandy clay
i."r. in" ,ubtt*t" to a depth of 60 inches or more
is fine sandy ro"*' tit toiiis noncatcareous to a depth
"t'i'i-i""n"J
and calcareous below that depth'
lncluded in this un-it oL tr.n'll areas of Empedrado
soils" lnclud"a uret='makl up about 20 percent of the
"tfl"?il:X8ii,v iu n''oa'rate in the Almv soil' Available
-#:"p*itv it nignllh" efte"tlve rogt]no dopth is 60
inches or rnore. Runoit is medium' and the hazard of
water erosion is moderate'
""*rii."r-Ji-i= used as rangelan! 9r,navl1d' The
ootontial plant communiry is mainly bluebunch
ffi;#;.;' inoi'n ti"* jiuu=' bottiebrush-squi rre ltail'
;ffiiil;;6bitbrush, aiu wvoming bis sasebrush'
Prairie junegrass, needleandlhread' and Sandberg
bluegrass also are tncluded' The average annual
offi ;;;;rair'dry;:S:'-"1"-:^::^?*'lni3.,'*lloi'i"'proouutr\'Jrr vr q'r "' 'ji;;nAete6oratos' wyoming big -i;acre. lf the range con i, "nO ,il"g;b,*.n, Douglas rabbitbrush'^oheatgras I;;;;; ;"tds inirease in abundance'
Thesuitabilityoithlsunitforrangeseedingisgood.,
Loss of the surfaco r'v"tl t"u"tuty f,duces the ability of
il"";ii;;;;" plants suiiable-r-or 9t-T'.1s',; hac re,&"'"#r';i,i;;;it:Jittd to hatt and pasture'.lt has rew:
lim it ati on s' G rasse s a nd I e g u m es s r?*^,y-"11. 11.10^"1'
*t
I
il;i;;;; is uu"a' lf properlv mana,sed'-tl'-e unit can
;;il;; I ton. .t iir'e."'?g tll-^lll X,::i;;;ruattvlduce 5 tons oI lltlgar'ELr 9raoa '
ir.ri- ,.iiis well suited to homesite development' i
ilis ;; ;"ir is in'+'ti1tv.,1'b?r i:irYi: l'l':3f d';
,.a';;;i;;.i.J. it is in the Rottins Loam ranse site' iJ,
98 :9Vd AINNOS CI]TIUV9 VqSN Le1ggp60L6 5T:EI 9882/62/V8
l{dz0;Z '62'rdV eull P0^r0c0U
Aspen-G sum Area, Colorado
y loam, 12 to 25 percent slopes. This deep,
well drai soil is on fans and uplends. lt formed in
alluviurn erived dominantly from calcareous redbed
and shale. Elevation is 6,000 to 7,g00 feer
The aver
average
and the
Typic , the surface layor is reddish brown loam
about I i es thick. The upper G inchos of the subsoil
is fine
loam,
is fine
annual precipitation is tZ to '14 inches, the
ual air temperature is 42 to 46 degrees F,
age frost-free period is 85 to 105 days.
sarlpy loam. The lower 15 inchos is sandy clay
Thdlsubstratum to a depth of 60 inches oi ,ore
loam. The soil ls noncalcareous to a depth
and calcareous below that depth.
sands
of 11
soils and
calcareou
make up
Perme
water c
vegetation
Includ in this unit are small aroas of Empedrado
s that are similar to the Almy soil but are
within a depth of 10 inches. lncluded areas
ut 20 percent of the total acreage.
lity is modorate in the Atmy soil. Available
ity is hign. The effective rooting depth is 60
inches or , Runoff is medium, and the hazard of
water n is moderate,
This
communi
rtcegrass,squirreltail, Douglas rabbitbrush,
and g big sagebrush. Prairie junegrass,
read, and Sandberg bluegrass also are
included
is used as rangeland. The potential plant
is mainly bluobunch wheatgrass, lndian
average annual production of air-dry
about 950 pounds per acre. ll the range
suitability of this unit for range seeding is
linritation is the slopo. Brush
condition terioratos, Wyoming big sagebrush,
bitbrush, chealgrass, and annual weedsDouglas ra
increase in
Rarrge s eding may be neoded if the range is in poor
condition.
fair" The m
t improves deteriorated areas of rango that
are produc more woody shrubs than were present in
plant community. ln areas wherg brush is
prescribed burning or by chemical or
ethods, the hazard of erosion may
is used for homesite development, the
n is the slope.
nit is in capability subclass Vle,
It is in the Rolling Loam range site.
;i: ,9topes. Thi:; "hountainsir
nvlk associatlon, 12 to 25 percent
map unlt is on fans, foot slopes, and
s. Elevation is 7,500 to 9,500 feet. The
al precipitation is 1B to 22 inches, the
al air temperature is SB to 40 degrees F,
ge frost-free period is 70 to g0 days.
about 70 percent Ansel soil and Z0
soil. The Ansel soiJ is on fans and foot
Anvik soil is on fans and mountainsides.
r
c
t^td z 0 z '62'rdv allrll pa^r0ceurn-Gypsum Area, Colorado
-Alnry loam, 12 to 25 percent slopes. This deep,'irained soil is on fans and uptands. It formed inn derived dominantly from calcareous redbed
.ton6 and shale. Eievation is 6,000 to 7,g00 feet,
lvorage annual precipitation is 12 to 14 inches, the
rge annual air temperature iS 42 to 46 degreeS F,
he average frost-free period is g5 to 105 days.
cically, the surlace layer is reddish brown loam
8 inches thick, The upper B inches of the subsoil
r sandy loam. The lower 15 inches is sandy clay
The substratum to a depth of 60 inchos or more
r sandy loam. The soil is noncalcareous to a depth
inches and calcareous below that depth.
luded in this unit aro srnall aroas of Empedrado
lnd soils that are simitar to the Almy soil but are'eous within a depth of '10 inches. lncluded areas
up about 20 percent of the total acreage.
meability is moderate in ths Almy soil. Available
oapacity is high. Tho effective rooting depth is 60
i or more. Runoff is medium, and the hazard of
erosion is moderate.
; unit is used as rangeland. The potential plant
unity is mainly bluebunch wheatgrass, lndian
rss, bottlebrush squirreltail, Douglas rabbitbrush,'yoming big sagebrush. Prairie junegrass,
'andthread, and Sandberg bluegrass also are
ld, The average annual production ol air_dry
'ion is about 950 pounds per acre, lf tho range
. deteriorates, Wyoming big sagebrush,
rs rabbitbrush, cheatgrass, and annual weeds
;o in abundance.
ge seeding may be neoded if the rango is in poor
rn. The.suitabitity of this unit for range seeding iso main limitation is the stope. Brush
emont improves doteriorated areas of rango that
ducing more woody shrubs than were present in
ential plant comrnunity. ln areas where brush isrd by proscribed burning or by chemical ortical methods, the hazjrd of erosion may
A
s unit is used for homesite development, thenitation is the slope.
map unit is in capability subclass Vle,
ated. li is in the Bolling Loarn range site.
.nsel-Ahvtrk associailon , 12 lo 25 percent
,]1,: n",* unit is on fans, foot slop;;,;;;Instdos. Elevation is 7,500 to 9,SOb feet, The
: lnr.l precipitation is .18 to zZ incnei tnet-111ual air temperarure is BB ro 40 dejrees F,
iY..i:g: frost-free period is 70 to a0 diys.,ttilt rs about 70 percent Ansel soil and Z0T nvtK soil. The Ansel soil is on fans and foot^rd the Anvik soil is on fans and mountainsides.
':.'
,,. lr' '.,
'19
tnctuded in this Llnit are smail areas of Skyiick,
Sligting, and Gothi( soils. lncluded areas make upabout 1 0 percont ofi the total acreage.
The Ansel soit is ideep and well drained. lt formed inaltuvium derived dolninanily from matgrial of nrixed
mineralogy. Typicallf, rhe surfaco layer is light brownishgray loam about 23linches thick. The upper 25 inches
of the subsoil is stofiry clay loam. The lower pan to adepth of 60 inchos ib clay loam.
Pernreability is rnbderately slow in the Ansel soil.
Available water cap{city is high, The effective rooting
depth is 60 inches of more. Runoff is medium, and tie
hazard of water eroSion is moderate.
The Anvik soil is {eep and well drained. Ir formed in
alluvium and colluvir_lm derived dominanfly from materialof mixed mineralogy.iTypically, the surface layer is
grayish brown loarn dbout 12 inches thick. The
subsurface layer is light gray loam about 6 inches thick.
The subsoil is cobbll clay loam about 24 inches thick.The substratum ro a fiepth of 60 inches is cobbly clayloam. '
Permeability is rnoUerate in the Anvik soil. Available
water capacily also ig'moderate. The effectivo rooting
depth is 60 inches orimore. Bunoff is medium, and t[e
hazard of water erosibn is moderate.
This unit is used a$ woodland (fig. 3) or as wildlife
habitat, It is weil suiteid to tho production of Douglas fir.
Based on a sile indexi of 91, it can produce about g,ZOO
cubic feet, or 52,200 poard feet (lnternatjonal ruto), ofmerchantable timber fler acre from a fully stocked stand
of even-aged trees 10'0 years old.
_ This unit is poorly siuitea to hornesite devetoprnent.
The main limitations afe the slope and the hazard of
slumping in areas wh(re excavations or road cuts aremade. :
This map unir is in dapability subclass Vle,
nonirrigated. lt is in thd Spruce-Fir woodland site.
9-Anset-Anvik aslociation, 25 to 45 porcent
slopes. This map unit is on fans, foot slopes, and
mountainsides. Elevatif n is 7,S00 to g,SOb feet, The
average annual procipifation is .lg to 22 inchos, the
average annual air temlperature is 3g 1o 40 degroes F,and the average frost-f{ee period is 70 to B0 diys.
This unit is about TOipercent Anset soit and 20percent Anvik soil. ThelAnsol soil is on fans and loot
slopos, and the Anvik spir is on fans and mountainsides.
lncluded in this unit {re smali aroas of Skylick,
Sligting, and Gothic soi{s, Inctuded areas mako up
about 10 percent of the ltotal acreaoe.
Ihe Ansel soil is doep and well jrained. tt fornred inalluvium derived domin{nfly from material of mixedmineraiogy, Typicalty, tfe surface layer is light brownishgray loam about 23 inchles thick. The upper 25 inches
Al-Nn0c clfTJUV9 VCSn Y LEA89|68L6 5T:97 9AAZ i6(, /pA
l,rldZ0: Z 6Z ldy illr_ 03^l33aU
vru.l Jul v qy Asper
lnc/
Antrob
lncludr
acreag
The
alluviur
of mixe
grayish
subsu rl
The sui
The sul
Ioam,
Pern
water ci
depth is
hazard,
., i Thet
.: i:, rasiduur
sandstoi
,,'.oravish I:
'1 7 inche
. i;, a depth
Herm(
' Available
,;;1,depth is
" :.hazard o
' ;:ii'il, 16n 5
;iih,residur
;,lYery dark
, ;,:,inches th
bsoil is stony clay loam' The lower part to a
60 inches is claY loam'
:ability is moderately slow in the Ansel soil'
i *ut"t capacily is high. The effective roo.ting
60 inches or more. Flunoff is rapid, and the
,i water erosion is moderate or severe on the
slopes.
nvit< soit is deep and well drained' lt formed in
and coltuvium derived dominantly from material
I mineralogy. Typically, the surlace layer is
brown loam about 12 inches thick' The
rce layer is light gray loam about 6 inches thick'
soil is cobbly clay loam about 24 inches thick'
stratum to a depth ol 60 inches is cobbly clay
eability is moderate in the Anvik soil' Available
loacitv also is moderale. The efiective rooting
'eO inches or more. Runoff is rapid, and the
of water erosion is modera'te or sovere on the
slopes,
unit is used as woodland or as wildlife habitat' lt
I the production of Douglas fir. Based on a
site index of 85, ii can produce about 7,700 cubic feet'
or 46,200 board feet (ln'ternational rule), of
merchantable timber p"i ..," from a fully stocked stand
oi."*" ,gnd trees t00 lears old' The main concern in
producingiand harvestirjg timber is the slope' Applying
conventional harvest m4inoas is difficult because of this
limitation. :
This unit is poorly suitea to homosite development'
The main limitations ar{ tfre slope and the hazard of
slumping in arsas wherp excavations or road culs are
mado.
This map unit is in c{pability subclass Vlle,
nonirrigated. lt is in the ispruce-Fir woodland site'
1O-Anvlk-skylick-sf igtlng association, 10 lo 25
percant slopes. This mlap unit is on ians and
mountainsidos. Elevatidn is 7,500 to 9,500 feet' The
average annua[ precipitation is '18 to 22 lnches, the -iuttudu annual air te'mberaturo is 38 to 40 degrees F,
and the avsrage frostJriee period ls 70 to 80 days'
This unit is about 30ipercent Anvik soil, 30 percent
Skylick soil, and 30 perpent Sligting soil.
i
Figure 3.-A wooded area ol Ansel.Anvik assoclalion, 12 la 25 percentlslopes'
LO l9vd Al-Nn0c olSrluY9 vosn rt8aEt58a5 5T:ET 9AOZ/6(,/P8
\spen-Gypsum Area, C'olorado
lncluded in this urrit aro snrall ar0rls of Cochotopa,
\rrtrobus, Jerry, Forsey, Coulterg, and Ansel soils.
:luded areas make up about '1 0 percent of the tot3l
:teO,QA,
The Anvik soii is deep and well drained. It formed in
illr-ivium and colluvium derived domlrrantly from material
lf mixed mineralogy. Typically, the surfaco layer is
lrayish brown loam aboul 12 inches thick. The
iubsurface layer is light gray loam about 6 inches thrck.
lhe subsoil is cobbly clay loam about 24 inihos thick.
flre substralum to a depth ol 60 inches is cobbly clay
oarn.
Permeability is moderate in the Anvik soil. Available
vater capacity also is moderate. The effective rooling
jepth is 60 inches or more. Runoff is medium, and the
tazard of waier erosion is moderale.
The Sl<ylick soil is deep and well drained, lt formed in
'esiduum and colluvium derived dominantly from
;andstone. Typically, the surface layer is very dark
Trayish brown loam aboul 31 inches thick. The upper
l7 inches of lhe subsoil is clay loam. The lower part to
r depth of 60 inches is gravelly sandy clay loam.
Permeabiiity is moderately slow in the Skylick soil.
\vailable water capacity is high. The effective rooting
lepth is 60 inches or more, Hunoff is medium, and the
tazaid of water erosion is moderate.
The Sligting soil is deep and woll drained. lI formed
n residuum and colluvium dorived dominantly from
LdSione and basalt. Typically, the surface layer is
..;r! Cark grayish brown very stony loam about 24
nches thick. The next 6 inches is extremely cobbly clay
oam. The upper 6 inchos of the subsoil is very cobbly
:lay. The lower part to a depth of 60 inches or more is
/ery stony clay.
Permeability is slow in the Sligting soil. Available
,vater capacity is low, TJre effectivo rootjng depth is 60
nches or more. Runoff is medium, and the hazard oI
xater erosion is moderate.' This trnit is used as woodland, wildlife habitat, or
'angeland. lt is well suited lo the production of aspen.
3ased on a site index of 65, it can produce about Z,gB0
:ubic feet, or 1,500 board feet (Scribner rule), of
lerchantable tirnber per acre from a fully stocl<ed standrl even-aged trees 80 years old.
- The potential plant community on this unit is mainly
oearded wheatgrass, fescues, native bromes, andrnountain snowberry. Other plants that characterize thisslie are native needlegrasses, forbs, and shrubs. lf therange condition deteriorates, Canada thistle, Kentuckyoluegrass, and timothy are among lhe plants thatIncrease in abundance. The pote;tial production ol thenative understory vegetation in normri years is abouto,u00 pounds of air-dry vegetation per icre.This unit is poorly suited to homesite devetopment,
[]dZ0;f 6Z rdV e{xli Pe'tlal0l cl
^l'ho main liniitations are the slope, the slirink-sr,vell
potential, and the hazard of slumping in areas whero
excavations or road cuts are made,
This map unit is in capability subclass Vle,
nonirrigated. lt is in the Aspen woodland site.
1 1-Anvik-Skylick-Sligting association, 25 to 50
percBnt slopes. This map unit is on fans and
mountainsides. Elevation is 7,500 to 9,500 feet. The
average annual precipitation is I B to 22 inches, the
average annual air tomperaturo is 3B to 40 degrees F,
and the average frost-free period is 70 Io 80 days"
This unit is about 30 percent Arrvik soil, 30 S.rercent
Sl<ylick Soil, and 30 percent Sligting soil.
lncluded in this unit are small areas of Cochetopa,
Antrobus, Jerry, Forsey, Coulterg, and Ansel soils.
Included areas lnake up about 10 percent of the .total
acreage.
The Anvik soil is deep and well drained. lt lormed in
alluvium and coliuvium derlved domirrantJy from material
of mixed mineralogy. Typically, the surface layer is
grayish brown loam about 12 inches thick. The
subsurface iayer is light gray loam about 6 inches thick.
The subsoil is cobbly clay loam aboul24 inches thick.
The substratum to a depth oj 60 inches is cobbly clay
loam.
Permeability is moderate in the Anvik soil. Available
water capacity also is moderate. The effective rooting
depth is 60 inches or more. Runoff is rapid, and lhe
hazard of water erosion is moderate or severe on the
sleeper slopes.
The Skylick soil is deep.and well drained, 11 formed in
residuum and coiluviurn derived dominantly from
sandstone, Typically, the surface layer is very dark
grayish brown loam about 31 inches thick. The upper
17 inchos of the subsoil is clay loam. The lower part to
a depth of 60 inches is gravelly sandy clay toam.
Permeability is moderately slow in tho Skylick soil,
Available water capacity is high. The effective rooring
depth is 60 inches or more. Hunoff is rapid, and the
hazard of water erosion is moderate or severe ofl the
steeper slopes.
The Sligting soil is deep and well drained. lt formed
in residuum and colluvium derived dominanily from
sandslone and basalt. Typically, the surface layer is
very dark grayish brown very stony loam about 24
inches thick, The next 6 inches is extremely cobbly clay
loam. The upper 6 inches of the subsnil is very cobbly
clay loam. The lower part to a dopth of 60 irrches is
very stony clay.
Pernreabiliry is slow in the Sligting soil, Avaiiabto
water capacity is low. Tho effective rooting dopth is 60
inches or more. Runo{f is rapid, and the hazard of water
erosion is moderate or severe on the steeper slopes.
iE889r58l_6 9B8Z /62 /Pg
This unit is used as woodland, wildlite habitat' or
rgeland. lt is well suited to the production of aspen'
,t="d-on a site index of 60, ll can produce about 2'560
[i.1".t, or 1,000 board feet (Scribner rule)' of
-.chantable timber per acre from a fully Stocked stand
"u"n'ug"A
trees 8O years old' The main corrcern in
cO*ing una harvesting timber is the slope' Applying
,nventional harvest metnods is difficult because of this
rilation,
The potontial plant community on this unit is mainly
,ardil *noatgi"=s, fescues, native bromes' and
Jr"ran snowlerry. Other plants that characteriz,e this
r". uit nuti". n""ilug'a==€s, forbs' and shrubs' lf the
.0. .onJifion deteriorates, Canada thistle' Kentucky
,Jgrrtu, and timothy are among the plants that
;r;;; t; abundance' The potential production of the
ative understory vegetation in normal years is about
,000 pounds of air-dry.vegeta.tion p9l"t9; . ---!-
This unit is poorly suited to homesites' lhe maln
,,ituitnt are the stope, the shrink-swell potential' and
l"'[uirio of slumping in areas where oxcavations or
>ad cuts are mado,"
Thit map unit is in capability subclass Vlle'
onirrigated. lt is in the Aspen woodland stto'
12-Arle'Ansari-Flock oulcrop complex' 12 to 50
,.i.rnt "top"".
This map unil is on mountain and
irif"V siOe stope. and ridges' Elovation is 6'000 to
l,zo6 teet- The average annual precipitation is 16 to 1B
-ches, the average annual air temperature is 42 to 45
nr*t F, and tho average frost-free period is 80 to
r 00 daYs.'-ifrii'rnil is about 40 percent Arle very.stony loam' 30
lorcent Ansari loam, and 20 percent Rock outcrop'--i""iro"a
in this unit are small areas of Morval soils in
,ufl"V fiff *"as, Also included are small areas of soils
if,Clr" .i.ilar to the included Morval soils but have a
;6dt content of clay. lncluded areas mako up about
10 percent of the total acreage'
tn" Rrtu soil is moderately dosp and well drained' lt
tormea in residuum derived dominantly from redbed
,ina.tonu and shale. About 20 to 40 percent of tho
surface is covered with cobbles and channerY
trrgrunt=. Typically, the surface layer is reddish brown
vet! ttony loam about 10 inches thiclt' The subsoil is
very =totry loam about I inches thick' The substratum to
a dlpth oi 30 inches is very stony loam' The depih to
U"Orf.f ranges trom 20 to 40 inchos' The soil l3 mildly
alkaline to idepth of I0 inches and moderately alka)ine
Unf o* that dept'h. A thin layer of partially decomposed
needles, twigs, and leaves is on the surlace in many
places.
Permeability is moderate in the Arle soil' Available
ur"tur. "upai!4Z0-,'l-tt,
6-1.
'!.Yee-rx
lL psA La33EL deprh is
;;;; ;0 i;;hes. iRunoff is medium, and the hazard oi
*ut.r erorion is !tignt to severe on tha steeS:er slopes'
Th" An.^ri soil ii shallow and well drained- lt formed
in r..=iO,..,um deriried dominantlY from redbed sandstone
and shale. Typicialty, tho surface layer is raddish brown
tou, ,Uor, d'inCl'r"= thick' The upper 6 inches of the
srnstratu- is lodm. Hard,'calcareous sandstone is at a
deptholabout.ll4inches.Thedepthtobedrockranges
tr"-." ',0 to 20 inFhes. The soil is moderately alkaline
unJ "ar""t"ous
ihroughout' A thin layer of partially
J""o*potad nepdles, twigs, and leaves is on the
surface in manyiPlaces,-- peimeabiliiy l! moderare in the Ansari soil. Available
*ui.r. .rp*itv i$ very low' The effective rooting depth is
iJj" ao'inches.iHunoff is rapid, and the hazard of
*ateru,o=ionisislighttosevoreonthosteepgrslopes.
The Flock outicrop consists ol nearly barren
exposures of sahdstone'- 'This unit is u$ed mainly as rangeland' lt also is used
as wildlife habit{t or for homesite devolopment'*il;potentiatiplant
community on th'rs unit is mainly
*.it"tn wheatgiass, lndiart ricegrass' Ross sedge' true
mountainmahogany, anlelope bitterbrush' and mountain
Uig tug"Urush--bottlebrush squirrelta.il' Utah
r."rui"Jo.rw, arid scatterod pinyon pine'. Utah juniper'
l"J ci",uJl'oai< commonly aro also included' The
uu"rro" annr*iiproduction ol air-dry vegetation is about
S0O p;"r0. perl acro on the Arle soil and about 700
pounds per acrQ ori the Ansari soil' lf the range
[ondition deterl[rates, mountain big sagebrush' rubber
irno-itniu=n neidleandffrread, and annual weeds
increase in abufldance-
Suitable marfagement practicos includo proPer
grazing use ,n& i planned grazing system' The
Iuitauilitv of thii soil for range seeding is poor' Ttt0
,.in riritution{ are the slope, stones on the surface'
and the Rock qutcrop. Brush managemenl improves
deteriorated arbas of range that aro producing more
*""aV shrubs {hun wete present in the potential plant
communitY. :in" slope Iirhiis accoss by livestock' The limiied
accessibiliiy relults in overgrazing of the less sloping
areas. Losi of [he surface layer severely reduces the
ability of the urf it to produce plants suitable for,grazing'
, ,. t'' ,1
,:, .l .ll
r'., .. E
..!r
: .l''.,..11
,i ,".i s
-ir,..+T
;ii Slf,,';!t:. ij
t..- .:i
,tir
;;i'li is
Iiiilin,
';':i*Sll
" !li:: V
). ., ..-l.lf
r,:i:;i.: p
nrain limitation$ are lhe slope and the depth to bedrocK
iri" "rtt needfd to provide essentially level bujlding i
sites can erpol" bedrock. Erosion is a hazard in the
steeper areas.iOnty tne part of the sito that is used for
construction sifould be disturbed'
This map urlit is in capability subclass Vlle,
nonirrigated. ltiis in the Loamy Slopos range site'
tf ihis unit isi used for homesite development, the
AlNn0C C]SI_IUV9 VOSn Y Leeagp6 6T:Er 98AZ/62/p8
OZ'roV aull_ pel oc3!>it Surveytht)7 l, 7IIU U O . !
I
i
6C.LV
:toniness. Buildings and roads should be dosigned io
'iit"iin" ,ttr.,, of shrinking and swetling' Ths hish
a."t".j "t rocX tragments miket excavation difficult'
This map unlt ls rn capability 5u5sl3s5 Vle'
"";';;ig;,J,
ine cocneiopa soil is in the Subalpine
Loam ranOe site, and the Antroous soil is in the Stony
Loam range site'
1 B-Cochelopa'Antrobus assoclation" l2 to 25
"";;;;;pui'' rni" map unit is on mou'ntainsides and
1--- Ero',,linn is 8.500 to 10,500 feet' The average
fi;r.T;;;i;ii,tt'; is 1B to 20 inches' tho averase
annual air temperaluie is SO to 38 degrees F' and the
;;;;;i,r.t-t'"t Period is 45 to 6o daYs"
Thisunitisabout4SpercentGochetopaloamand35
Dercent Antrobus '"ty tiony loarn' Tho, Cochetopa soil
t',r"iffiil' iignlrl, olntuut areas' and the Anlrobus
rtlt i= on the steeper convex slopes'
lncluded in this "iiu" small areas ol Forsey and
JJff"j[' intr'oti '"a= mat*" up about 20 percent o{
the total acreage'
The Cochetopa soil is deep and wsll drained' lt
formed in alluvium a"iiveO dominantly from basalt'
slopo is 12 to zop;;;"1' Typically' the, upper part o{
the surface tayer rs-iarr gralsh biown,loarn about 3
ffiil;,iiot. i." ro*",. p"att is .u"y d"tk gravish brown
clav loam about 1'l inches thick' The subsoil is clay
ioil ilr;7+ intr'nt thick' The substratum to a depth
of 60 inches o' -o|.-Ji= g'avelly clay^loam' The soil is
noncalcareous to a dept]n of 40 to 60 inches and
"-i."t"or" below that dePth' -
Permeability i' tro*lnine Cochetopa soil' Available
water capacity is ioati't"' rnt effeetive rooting depth
is 60 inchss "r.
nt;;;' H;;otf is rapid' and the hazard ol
f escu e. Weste],n wheatq rass' mountain snowberry'
oeranirJm, weqtern ya"6*' and small areas oI aspen
l,r;;; i."i"d"a in" u"tt"go annual production or air-
;;";s;i;;on is aoout 2'sodpounds per acre' [f the
range
""onOition deteriorates' Kentucky bluegrass'
l?rlrfrr, oo1rglas rabbitbrush' and western yarrow
in"teas" in a[undance'
The potentlat ptani community on the Antrobus soil is
n-."i;j; ;tr;;i;.h wheatsrass' neecilesrasses' antelope
biflerbrush, rnrountaln bij sagebruth: 1l-9
Saskatoon
serviceberry. Other ptanis thlt characterize this slte are
il;i;;;;6bltbrusrr and mountain snowberry' rhe
average annqal production of air-dry vegetation is about
1,200 poundq per acre' l{ the range condition
;;;;;;i;;, i'nountain big sasebrush' -Douslas;;;;il;;th,' rieeot" g ras=J=' und ann u al weeds incroase
in abundancQ.'
?i.r. *itrrhliry ot this unit for range seeding is poor'
Th; ;.i;'i'-iiuii""= are the slope and the stones on
i#;;;;;. $uitunrun",^nasement practices include
Drooer rangs use, dlterred grazing' and rotation
;#'r'ng;;rihr =ptuving
is suitabla for brush
managemenl'' 'it triit unitlis used for homesi'te development' the ' "
**i*''i*ir"tiO* "tt t f-righ shrink-swell. potential and the
qtoniness. Bbildings lniroaa= should.be designed to
;;;;iil; .fiects 6t shrinkins and swellins'
'"iilJ'r# i,.li is in capability subclass Vle'
..;i;ft;fii1lL c""n"topa soit is in.the subalpine
Loam rangel=,t", "nJtne Antrobus soil is in the Stony
Loam rangeisits'
r 9-Cocliretopa-Antrobus assoclation' 25 to 50
o"rJ"*-"lopl""rr'i= map unit it T *o.Yl"tainsides'
-Etevation islB,5o0 to io,ioo leet' The avorage annual
F,l. eiiJi'.i i" i s t" t i':1 "-=: ^tP :: :'flni "1[: 31 ""ffi;[tffi iu so to 38 degrees F' and the averase
i;;;*it.; pdriod is 45 to 6o daYs'
rhis unitiis aOout +s plrcuni Co"heto!" lo1rn-11d
o ",.'#'
{'llJ ; ot=1; ;"'l; ; I ; ; ;' r h e co c h et o p a s o i I
is on slightlf .ontt"'U"nth"=' and the Antrobus soil is
on lhe steePer convex slopes' 1:
lnctudediin this unii ttt"nr"u areas of .t::t:l"il|t;
t"rrv tii.lii""irJ"o areas make up about 15 per
't'#%3:[".13i"' oi r i s !9 eq il d, ::]li':*l','lr,,11
t",*.'o Yn"il[;5; rn o tor r"iu m derived do minanlly 1 ;
from basali' Slope is is-to +O Percent' rvpi"3lll:]|,?li
;;;;;;ltithe surr*co laver is dark gravish brt
rJJnr u'u.ul 3 inches thict<' ihe low.er parl is
-very;fiiffi,il'.-lrv lt;; auout t 1 inches thick' rhe
;r;;;iiiu qr"y roah about ?1 in,:!::-t1ll.l,l,t^,,,
:ffi;ilttJ ;;;pth or 60 inches is sravellv clav
i."*, ihu Soir is noncalcareous to a depth of 40 to,,
wator erosion is moderate'"iiir=n"rnroiri
=oir it atup and well drained' lt formed
i^ ;il;il;'ano tottu'ium derived dominantlv from
;;il: ;i;p; is 15 io 25 percent' AP:ul].2 to 15
oercent of the surface-is covered with stones' and 25
::.:^-;',-" ".,u.r.4 with cobbles' Typically' the upper
::;:il;;riac" Iav"r is dark sravish brown very
!il;io"l;;Jul s intr'l"' thick' rhe lower parl is
;to;";;ti stony loam about 5 inches thick' The
substratum to a depih of 60 inches or more is extremely*
:ffi ro".r'. ir,r. soil is calcareous throughout'"'-plrr.uUitity is moderate in the Antrobus soi['
Available water capacity is low' The e{lective rooting
ffiili;;o incl,*.'or more' Runoff is rapid' and the
nazarO oi water erosion is moderate'"-ilit unit it used as rangeland or for homesite
develoPment."-i-f,. p."ntial plant community on the Cochetopa soil
is ,uiniy Thurber fescue, bearded wheatgrass'
Columbia needlegrass, mountain bromo' and ldaho
I 35Vd AINNOC C-ISTJUVD VOSN I Le889p6AL6 5T:EI S az/62/v8
Aspon-G1,psum Area, Colorado
inches and calcareous below Ihat depth.
Pernreability is slow in tl-e Cochetopa soil. Available
vater capacity is moderate. The effective rooting depth
is 60 inches or rnore. Runoff is rapid, and the ha:ard of
water erosion is moderate or severe on lho steeper
_t^^^^5luPtrr.
The Antrobus soil is deep and well drained, lt formed
in alluvium and colluvium derived dominantly fronr
basalt. Slope is 30 to 50 percent. About 12.to 15
percent of tho surface is covered with stones, and 25
percent is covered with cobbles. Typically, the upper
part of the surface Iayer is dark grayish brown very
stony Ioam about I inches thick. The lower part is
brown very stony loam about 5 inches thick. Tho
substratum to a depth of 60 inches or more is extremely
stony loam. The soil is calcareous throughoul.
Permeabilily is moderate in the Antrobus soil,
Available water capacity is low. The effective rooting
depth is 60 inches or more, Runoff is rapid, afid the
hazard of water erosion is moderate.
This unit is used as rangeland or for homesite
develoPment.
The potential plant community on the Cocheiopa soil
is mainly Thurber fescue, bearded wheatgrass,
Columlria needlegrass, mountain brome, and ldaho
fescue. Western wheatgrass, mountain snowberry,
geranium, and western yarrow also are included. Tho
verage annual production of air-dry vegelation is about
,800 pounds per acre. lf the range condition
deteriorates, Kentucky bluegrass, geranium, Douglas
rabbiibrush, and western yarrow increase in abundance,
The potential plant community on the Antrobus soil is
mainly bluebunch wheatgrass, needlegrass, antelope
bitterbrush, mountain big sagebrush, and Saskatoon
serviceberry. Other plants that characterize this site are
Douglas rabbitbrush, bluebunch wheatgrass, and
antelope bitterbrush. AIso included are small areas of
aspen. Tho average annua) production of air-dry
Vegetation is aboul 1,200 pounds per acre. lf the rarrge
condition deteriorates, mountain big sagebrush,
Douglas rabbitbrush, needlegrass€s, and annual weeds
tncrease in abundance.
Suiiable managemeni practices include proper range
luse, deferred grazing, and rotation grazing, Aerial
spraying is suitable for brush management, The slope
limits access by livestock. The limited accossibility
results in overgrazing of the less sloping areas.
lf tfris unit is usod for homesito devel-opment, the
rnain limitations are the shrink-swell potential, thesloniness, and the stope. Access roads should bedesigned to provide adequate cut-slope grade, anduralns should be used to control surfaco runofi and
I-!en soit losses to a minimum. The high conront of rock-lgrnents
makes excavation difficult.
ItldZ0;Z '62'rdV eul.L Pe^l0caij
This map unil is in capability subclass Vlle,
nonirrigated. The Cochetopa soil is in the Subalpine
Loam range site, and the Antrobus soil is in the Stony
Loanr range site.
20-Coultatg loam, 12 to 50 percent slopes. This
deep, well drained soil is on mountainsides and fans. lt
formed in alluvium and colluvium derived dominanily
from siltstone, soft shale, and limestone. Elevation is
7,5001o 9,500 feet. The average annual precipitation is
'18 to 20 inches, ihe average annual air temperature is
39 to a3 degrees F, and the average frosl-free period is
65 to 80 days.
Typically, the surface layer is dark graylsh brown
loam about 14 inches thick. The substratum to a depth
of 60 inches is loam.
Included in this unit are sm0ll areas o{ Forsey, Jerry,
Anvi(, Skyiick, and Sligting soils, Includod areas make
up about 15 percent of the total acreage.
Permeability is moderate in the Coulterg soil.
Available water capacity is high. The effective rooting
depth is 60 inches or more. Hunoff is medium or rapid,
and the hazard of water erosion is moderate or sovere
on the steeper slopes.
This unit is used as woodland or as wildlife habitat. lt
has limited grazing value. lt is not suitable as a source
o{ saMimber, but lt can yield 70 to go cords of firewood
per acre. After harvesting, carefully managed
reforestation helps to control competition from
undesirable understory plants. Competing vegelation
can be controllod by properly preparing the site and by
spraying, cutting, or girdling, which can eliminate
unwanled weeds, brush, or trees. Among tho trees that
are suitable for planting are Douglas fir and lodgepo)o
pine.
This unit is poorly suited to homesite development.
The main limitations are the high content of gypsum
and the slope-
This nrap unit is in capability subclass Vlle,
nonirrigatod, lt is ;n the Douglas Fir woodland site.
2-l-Curocanti-Fughes complex, 6 to 12 percent
slopes. This map unit is on mountainsides and foot
slopes, Elevation is 6,500 1o 8,300 feet. The average
annual precipitation is 14 io 17 inches, the average
annual air temperature is 42 to 44 degrees F, and the
average irost-lree period is 75 to 90 days,
This unit is about 50 percent Curecanti extremoly
stony loam and 35 percent Fughes stony loam. The
Curecanti soil is on the steeper siopes. and the Fughes
soil is on foot slopes.
lncluded in this unit are small areas of soils that are
similar to the Curecanti soiJ but have more rock
fragments throughout the pro{ite. Included areas make
27
AINNOS OI:TJUV9 VCSN Y Lt8A9p68L6 5T:ET 9B8Z/62/pA
38
the potential plant community. This soil responds well to
applicatlons of fertilizer, to range seeding, and to proper
grazing use. lf lhE quality of range vegetation has
seriously deteriorated, seeding is needod.
This unit is well suited to hay and pasture, lt has fow
limitations. A seedbed shoutd be prepared on the
contour or across the slope whqrs practical.
Applications of nitrogen and phosphorus fortilizer' improve growth of forage plants, lf properly managod,
the unit can produce 5 lons of irrigated griss fray per: acre annually.
. This unit is well suited to irrigated crops. lf properly
managod, it oan produce g0 bushels of barley por aCre
'
annually.
This unit is suited to homesite devolopment. The
main limitation is the shrink-swell potential. The offects
of 'shrinking and swelllng can be minimlzed by
prewetting loundation areas. poputation growth has. resultod in increased construction of homes in areas of
this unit.
This map unit is in capability subclass lVe, irrigated. and nonirrigated, lt is in the Deep Loam range site.
'39:Evanston loam, 6 to 25 percent slopes. This
deep, well drained soil is on alluvial fans, terraces, and
valley sides. lt iormod in rnixed alluvium. Elevation is
6,500 to 8,000 feet. The average annual precipitation is
13 to 15 inches, the average annual air ternperature is
. 42lo 46 degrees F, and the average frost-free poriod is
80 lo 90 days.
Typically, the surface layer is brown loam about t+
inches thick. The subsoil is clay loam about 17 inches
thick. The subslratum to a depth of 60 inches or more is
loam.
lncluded in this unit are small areas of Tridoll and'Uracca soils. Also included aro small areas of soils that
are similar lo tho Evanston soil but have moro stones.
Included areas make up about 15 percent of tho total
acreage. .
Permeability is moderate in the Evanston soil.
Available water capacity is high, The effective rooting
depth is 60 inches or more. Bunoff is medium, and thehazard of water erosion is moderate.
This unit Is used mainly as rangeland. lt also js usedas wildlife habitat, A few areas ar6 used for homesrte,developrnent.
pltential plant community on this unit is maintyrcn wheatgrass, western wheat3rass,
lls:,,_Dguglas rabbirbrush, andmountain bi0
,i*!^ jl1h s e rvi ce be rry, rn o u ntain s nowbe rry,rass, and Ross sedge commonly ,re iiro
,-:t _1t^r,9"_ gnnual production of ai-dryrut^1,500 pounds per acre, If tho i"ngerates, mountain big sagebrush,
ArNn0c ollTluv9 vcsn Y
I
,J:
lE8BEr50l5
t{iz0:i
abo
Soil Surv
rabbitbrush, cheatgrass,, and annual weeds
ease in abundance.
an
for
slo
ar
ange seeding is poor_ The main lirnitation is the
The slope limits access by livestock. The Iimit,
bility results in overgrazing of the;loss sloping
unit ls suited to homesite developrnent. The
ma limitations aro the slope and thelhazard of
ion. Preserving the existing plant covor during
rction helps to control erosion. Topsoil can be
led and used to reclaim areas disturbed durinc
truction. Erosion is a hazard in the sfoeper areas
the part of the site that is usod for ionstruclion.
ld be disturbed. Areas adjacent to irlllsidee sro.
onally affectod by runoff, which may be,
ied by the movement ofirock debris.
s map unit is in oapability subclass Vle,'
igated. lt is in tho Deep Loarn range sito.
',|
n,loam, 25 to 45 percent,slopes. Thil
, wgll drained. soil is on alluvial fans,,'1sr1s6s5 sn
I sides. lt formed in mixed alluvii.rm. Elevation is,,
to 8,000 feet. The average annual [recipitation
15 inches, thg average annual air temperature is
46 degrees F, and tho average frostilree period90.days. , ;
ically, the surface layer is brown loam about 1Z
r thick. The subsoil is clay lgAm about 'li inches
The substratum to a depin of go inches or morq
uitabls management practices include propor rar
deferred grazing, rotation grazing, aerial sprayir
a planned grazing system. The suirabliiry o{ this
of less than 25 percent. lncluded areas make rl;
15 percent of the total acreaEe. ' 1 :
sl
c
de
VA
6,I
13
42
BO
..,':.
in this unit are small areas of Tridell soils.
AIso ncluded are aroas of Evanston soils that have
Av
ty is moderate in this Evanston soil.
ble water capacity is high. Tho etfective iooting
is. 60 inches or moro. Hunoff is rapid, and the
h of water erosion is moderate o.i*rlin on ti.,n
stee
as wi
blue
mutt
pr
veg
condi
Doug
t:':
6T:9T iAOZ/62/FO
p3^ r036N
Aspen-Gypsum Area, Colorado
Suitable managernent practices include proper
razing use and a planned grazing system. The
'suitability of this soil for range seeding is poor, The
main limitation is the siope. The slope limits access by
livestock. The limited accessibility resulls in overgrazing
ei ths less sloPing areas,
This unit is poorly suited to homesite devolopmeni'
The main limitation is the sloPe.
This map unit is in capability subclass Vlle,
r,r1onirrigated. It is in the Deep Loam range site'
:. qt-Evanston loam, 45 to 65 percent slopes- This
deep, well drainod soil is on alluvial fans, terraces, and
. vatley sides. lt formed in mixed alluviurn. Elevation is
.: 6,500 to 8,OOO feet. The average annual precipitation is
, 1b to 15 inches, the average annual air temperature is
42to 46 degrees F, and tho average frost-free period is
gO to 90 daYs.: .Tvpically, the surfaco layor is brown loam about 12
iinir',l! thick. The subsoil is clay loam about 13 inches
'.ttrict<. The substratum to a depth of 60 inches or rnore is
.'loam.
lncluded in this unit are small areas of Tridell soils,
',,lareaS of Evanston soils that have slopes of less than 45
, ipercent, and small areas of Hock outcrop, lncluded
":dr€as mat<e up about 15 percent of the lotal acreage,-l
,permeability is moderate in this Evanston soil.
\vailable water capacity is high. The efiective rooting
,1,.depth is 60 inches or more. Hunoff is rapid, and the
i'lhazard of water erosion ls moderate or sovore on the
:lsteeper slopes.
"r ,fli5 unit is used mainly as rangeland- lt also is usod
;l,-as. Wildlife habitat.
:li':i1l,u potential plant community on thi's unit is mainly
;i:,bluebunch wheatg rass, weste rn wh ealgrass,
'"l1huttongrass, Douglas rabbitbrush, and mountain big'lsagebrush, Utah serviceberry, rnountain snowborry,
ri Pr?irio ,junegrass, and Ross sedge comrnonly are also
ofu:included, The average annual production of air-dry'Ii;Vqgetation is about 1,500 pounds per acre, li the range
i:condition deteriorates, mountain big sagebrush,
.,,;iDpuglas rabbilbrush, cheatgrass, and annual weeds
;l;i.in_crease in abundance.
&,tjill; suitaur" managemenr practices inolude proper
ili:9!'azing use and a planned grazing system. The
iilllitability of this soil for range seeding is poor, The
'"lil,main tinritation is the slope.lne stop" Iimits access by
"lirves1..k. The limited accessibility resulls in overgrazihg
li:irIq less stoping areas.
ii:,-. ln,l unlt is poorly suited to homesite development.
i1.irl"l-main timitation is the slope.
, il,l,ilin IlE,ii i: i. l, :T : : lI'I.'",j.J:; ; ""liiJ
:^" '1,.
I42-Fluvaduenls, 0 to 10 percent slopes. This
broadly definld unit consists of deep, somewhat poorly
drained, nearlI level soils on flood plains and alluvial
valley floors. These soils formod in alluvium.
Fluvaquont.f are stratified and vary widely in texture
and in depth tp sand, gravel, and cobbles. Typically, the
surface layer,ianges from loamy sand to fine sandy
loam or from $ilt loam io clay loam, The underlying
layers are gederally sandy loam or loam stratified wilh
sand, gravel, fnd cobbles. ln sorno areas gravel and
cobbles are o{r or near tho surface-
The water tbble flucluates botwoen depths of 0'5 foot
and 2,0 teet di:ring spring and summer. These soils are
occasionaliy flpoded for brief periods in lato spring and
early summer,i
lncluded in hhis unit are sm&ll, isolated areas of
Fledrob soils. Also included are small, isolated aroas
where water siands at or near the surface all year-
These water a]reas are identified by a special symbol on
the soil maps.ilncluded areas rnal<o up about 15
percent of the!total acroage.
These soilsiare used ior wildlife habitat, recreational
development, pr grazing. The native vegelation is
mainly cotton{ood, willow, water-toleranl grasses,
sedges, and r{rshes. Mule deer, cottontail rabbit, coyote,
and bobcat artp ducks, goose, and other native birds
find food and $helter on these soils. Whoro foasible,
planting smalliorain, troes, and shrubs improves the
habitat for uplhnd wildlife.
This unit is iroorly suited to homesite development.'
The main limit[tions are the flooding and tho ssasonal
high water tabf e.
This map urhit is in capability subclass Vlw,
nonirrigated. I{ generally is in the Riverbottom rango
site. At the hidher elevations, however, il is in the
Mountain Meqpow range site.
43-ForellelBrownsto complex, 6 lo 12 percent
slopes. This nlrap unit is on mountains and benches.
Elevation is 6,p00 to 7,500 feet. The average annual
precipitation isl t Z to 14 inches, the average annual air
temperature islao to 44 degrees F, and the average
frost-free perlqd is 85 to 105 days.
This unit is Ibout 55 porcent Forelle soil and 30
percent Brownpto soil-
lnc{uded in this unit are small areas of Tridell soils on
knolls, Musseliand Morval soiis in swales, and basalt
Bock outcrop.,rSlso included are small areas ol soils
that are similai to the Forelle and Brownsto soils but
have sofl bedr[ck below a depth of 40 inches. lncludod
areas make uH about 15 percenl of the total acreage.
The Forelle isoil is deep and well drained. 11 formed in
mixed alluviun'! derived dominantly from sedimontary
6Z'r dv 0l]r i.L p3^ I ec0!,\L ..r 7 C11u0!
,,2
ao
tg889P58l-5 5T:ET EEBZi6Z/p0
itgrass, Other plants that characterize thi-s site are
iran needlegr-ass; elk sedge, mountain snowberry'
oio Utu"orut=. the average annual production of
,"""rortlii.n is about 2,000 pounds per acro' lf the
J
""-n=aii*n
dete ri o rates, Gambel oak' mo untai n
"u.iru, Ksntucky bluegrass, and annual weods
,;; i; abundance. Ringe seeding may be needed
? ranoe is in Poor condition'
f-,i= ,nit is poorly suiled to honrosite development'
main limitations are the shrink:swell potential and
;;;;. Ths effects of shrinking and swelling can be
i""i-U" maintaining a constant moisture content
;;; il; foundation. Backfilling excavations with
rrilitnut has a low shrink-swell potential can also
.rce the effects of shrinking and swelling'
'f,ir ..p unit is in capability subclass Vllo'
,ir.rigu,;d lt is in the Brushy Loam range site'
i4-Grotte gravelly toam, 25 to 65 percent slopes'
"'.r..., well drained soil is on mountainsides' lt
#il#;iil;;;r; colruvium derived dominantlv
"?na=i"n..
Elevation is 6,000 to 8'000 feet' The
;;.s" ;;;;l precipitation is i5 to 17 inches' the
rraoe annual air temperature is 35 to 38 degrees F'
j'n"e *.trge frost{ree period is B0 to 105 days'
i;;ilil, thle surface layer is gravish brown gravellv
"{'"ilrl'+ i"ches thick"The next layer is gravelly
toam about 3 inches thick' The substratum to a
oth of 60 inches or rnore is very channery clay loam'
e soil is calcareous throughout'
inlfuOtO in this unil are small areas of Dahlquist and
,rinu." ioirt. lncluded areas make up about 15
rrcent of the total acreage''iti*"rriii,ty is modoralely slow in the Grotte soil'
,u',r-uui" *",,ir capacity is moderate' The.effectivs
;ri;i";*ls oo incr'es or more' Runotf is rapid' and
* flJ=rrO of water erosion is moderate or severe on
e steeper sloPes-
1f',iu ,"it is usod as rangeland or as wildli{e habitat'
ne ootential plant community is mainly lndian
;;";;=;. bluebu nch wheatgrass, bottlebrush
,rir.rt"ir, true mountainmahogany, Wyoming big
;;;ffi;h: and Utah serviceborry' othsr ptants that
hiracterize this site are Douglas rabbitbrush'
t"af"-nJtnread, prairie iunegrass, pinyon pine' and
iun i*ipnr' The average annual production of air-dry
"gut.fi". is about 600 pounds per acre' lf the range
oiOition deteriorates, Douglas rabbitbrush' Wyoming
,ig ;uj"Utrth, cheatgrass, and annual weeds increase
i'-uJiorn.e. Loss o] the surface tayer severely
"J*t the ability of the unit to produce plants suitable
or grazing'
'r=tris unit is poorly suited 1o homesite developmenl'
I
The main limitatiori is the slope. Slumping is common in
sioping areas. l- -if-,it
map unit isl in capability subclass Vlle'
nonirtig.t=t, lt is ifr tho Stony peelflills range site'
55-Gvpsum l4nd-Gypsiorthlds complex' 12 to 65
""i..ni.iopes. this map unit is on mountainsides' on
['ir=. ,rorrong dlqsectei drainageways (fig' 5)' lt is on
hills and c=nyon slde slopes throughout the survey
area. .-' fnit unit is aboft 65 percent Gypsum land and 20
percent GYPsiorthids'-
tnctuded'in thisiunit are small areas of Torriorthents
unJ Ci*uorthids.llncluded arsas make up about 15
oercent oi the totail acreage''"ir," olpsum taho consists mainty of exposed parent
material ffrat nas d very hlgh content of gypsum'
The Gvpsiorthids are snittow and moderately deep
,na',,Jn[ Or"ined. flhey formed in residuum and
..[r"ir* O.rivealOominantly from 1i'?d- material with a
;;; h;h contentiof gypsum' Slope is 121o 50 percent'
rtfo'=indre profile qi,f th"ss soils is tyBical' but one
;;;;riy;oservbo in the survev area has a sur{ace
i*"t of vlrv paleibrown {ine sandy loam about 8 inches
irriJ. irr, .ru=tt{tr* is fino sandy loam' Soft'
oro=ir"tor" srralei is at a depth of about 39 inches'
"'i'trr""oittty isi moderate in the Gypsiorthids'
n""iL[re *iter cNpacity is low or moderale' The
.ft""ti"" rooting depth is 10 to ao inches' Runoff is very
;;pi;,' ,na tn" Iaparo of wator erosion is slight to
severe on lhe steePer sloPes'--fni=
unit is usdd' as wildlile habilat' The native
u"g.iuti;n on th{ Gypsiorthids i.s sqarse grasses' forbs'
".i Ur"f. juniper; tfre Gypsum land supports very little
nativs vegetationl ;,-ir",i. ,iit is poirly suited to homesite development'
The main limitatirfns are the slope, the hazard oi
"iotion,
piping, 4nd low soil strength during wet
liidZ0:Z'02'rdV eurll p0^lessUrrvey
i
;
periods.
i
is assigned.
i
frost-free period iis 70 to 90 days'
About io to e0 percont of the surface is covered w
.oOOles. fypicaiiV,'the surface Iayer is brown cobbly
toi, "uoui
t+ ir,hthes thict<, The upper 12 inches ol
/1Jp
;:,i'a,deor
.r,':\'r"'": a
iii= n up unit iis in oapability class Vlll' No range siie'
'?rCflOt,Ci
ii$iiiliici
itlsinitai
v1 33Vd A1Nn03 (-llTluvg v0sn v lg88gr50l5 5T:9T 9g8Z/62/p8
.",, .,,,uu..i[,:.$i,ff'l'li$,t'litti' ' bt )av 0trr1 00r 3o;u
- "' " "'.ffiS,i+fr'$.li9i,!{yt"n,'a re a, c o i o rido
, sl,ender wheatgrass, noedlegrasses, and western rl;i;il:;n,.r;i1',,,1,"t[,' Y*TL1i3il;';[?fi';Tffi :lxl riy::,!"T;],..0,.v iiirr;:iil,,ll-'llflo^:,,'l''"y:,','^l'?it1l,r:as or cochotopa,
iifi[J;!S#[?:1"1::"18il[T,ii*f:i;liiii["#rt$lo;i;";;;llAnv
k' siv cr<, ';ffi;' y',i";n ".TJBTi,i;"
canada tnistr", "nj aowny bromon,u., ,n.ll"1'rt*;;Yiffigr*:Hr';?Hj!o
u'uu= make up abour i0 peicent or the
abundance.
- This unir is poorry suited to homesite de.,-, $1,;' i"'.t69''lef|tr soil is deep and woll drained' lt formed in
rhe-main ri'ltitiois are *re ii'ri-nn:J;,",'J,:'"1,J:h
ffiflfriitrfi'#1ltiil{f;i.oil'*'il}il"=,i"'fthe slope,
This map unit is in capability subctass Vte .if.;, iii*'ili;o"ilze inches thick. The sru=u"ir'r',o a deprhnonirrisated. rt is in the Brushf ["irl"rg""Ji,". ,,,ffi,.:ii!l.u,1,.i1:!fl:,:^y^":rl11.o "ruy r"ur]'ihl ,rn,"n, o,
i #f:,JJff[,j,.,,fl,:1,,p,:_:"^":,-::**-;;,,.,-ffi*ffir*figli::ft,#iffi:i,j;I=1?l: li#::rm,
IfJL,ffi i:lJ:J ;:il:' Ipl g{ :l; ;i;: l' iJfi::',iiffi,tffi
fl *#ifl fl txr,ilild;r,,rffi '*=u*[rg+tffi ilffifigpfi i#:{'#,n:lit'ir#;ir,,[*r
ii;Hl'iij?: I J:,T is {":fi'J[*#Hdi:idil,;,,ffi:"fi[,if1r;ffifliqtn#iil",1"J1],::il:, :;_".frosi-free period is'io to B0 days. e averaso
,, ffi,,i,it-jL,;rlr, +;;,;;i-iorin"ntry from sedimonro,,,
rrosl-Irse period is 70 to 80 days. *o'
,,,,.,1i1fu.;;;,i[.r allp.yium flerived domjnantly tr, *"Ji,iur?rf '"""u'
Typically, the surface.layer is-dark grayish brown 'i,..;,,:Ii ,
'bediock Tv$ically, the surfacl r.v"rlri"rr'gray lo"m
i",,T;,T,jJ: lTi::Ilt inl .,i,.Xiri'r'"n.nnu,.y : :i1;1, ,;,^?il.1i,iolf.=^m,I,1,' =,l'ril; ffifi* about 11clav loam about 23 inches tni.r. ir.," ,Ji:ff;l ;J'u . ;,t:i,,.IcheslhicklThe upper
11 ,r"h* ; ffi'J'rX?rtffl.depth of 60 inches is
tncrr.rcrr ;. +r,i. ,,^,.v]y channery
"ru}, rr"rl"' '" " ,,'1,lCil, l:.:!,,311;,,tt:Iwer part to a deptn or o6 in'"n", i.lncludedinthisunitarL;,"ii;;l;?''ii,Ji"u,,",..,..i;r:i:g;ffi[,';';il;;;;":]j..",,.
y::'JI:;ji:"J#,11i'J;,1'lI;,'[r=1=+EiEIt, .'ii
]#,,j,,i-u,ffi;:T"[, i. r,;sh ih;;#il.,?orjre
iPerrneability is mor
waror ca'ecirv =ra^,^j:r::"^jl.lhe
Jerry-soil. nraiLire ,. ;,,; h"lrrrn of rredo, ^,^^;-_ore.
Runoff i. r"uiur, and the r
ffiJil iJ[;:illfli"^:::1"*l:, i;; ;,;;;;;;:fiXn, ,.
,;i, n:iil:;1,y,*:,-:,::i"n . .oju.=i"t
fl"j}}|'":jli?^1',.^:l-y'e, Runoir;; ;;,y;;;:1# .,,,,;,iiir:"il* unit islusod as ranserand, pasture, or wirdiithe_hazard of warer erosion ;J;;JJ;ry rapro, and .:;y;;;:ii hqbitat | - -- 'H,,vv,..,u, pdsrure, or wildiife
This unit is used ;;;;;";;;n"i7I'I^-. ' -' ll'i' -' The poientf[r pranr cccommunitv i.q rnainr,, ::::9:,1:?d' The potential plant r,,r,;,ji malnlv mnrrnri{i^ A--- -
rm,munity on the Jerry soil is p
:"J:ui:Yl: ir]v 1";,";;;;#;:#':31;'.:''"' , :,,11: H,l,',I"T:,I+l,Jd;;;ilH&;T:il]l
tt
loe
of,
$::Tj,:*il:6i1&fri"ffiHffi.","'' "i;f,{,:i:'iffil'."*,*,+}iTi,,[:i'#J;::r. ,i;;::ilXffTflllll:,"^^.r"g,",,, ;,i'"*.1,n,.n , r,,"vl?l:rJ1?,liy:g*,_,1.0 *",t"in ii*is,".= rh"
slender wheatsrass,'needresrass:;;fi,irrrs srle "'1., ;li][?:t_s]"_.., ,$.0[or#, fi ;;r,."'fi il;J#:il ,n" to
wheatsrass' rhe aver6se annuar p'oouction or air-drv r '..r*;,rj3,l**.$*;:ffffi[+:::X?J:fn is about
:liI:3:'',?::"i:::o-'.:f 4 pe'no1H'-;;;; rr the ranoe ,i,: ilae::noirionu"i;;;i;:Hifi [XX:i:ii,ll;,1,,i11,1;?:f iu,tis::'ffi i.:rilrflXg:ile, and downy o,om"grrss'lll,.u." in ;.ii:;r ;ti: Thc Dorpnr,
uurrqrllon oeloriorares, rabbirbrush, r<"nir.r.y ;;;";il[,tl;,jr;il;:rqt'rorates, Gambet oak, rnound; ;;ffi;l t,
:ril'flXg:ue, and downv o,om"g*ssl;:lJ.:::"".r[i,,]i*l'Tffi';:H;:l,X,l":::,1., l,',"Jffi'#. "o fl:undance.
,^, .^ . "
--
"rv'eqDs ,1, irri,i:#i rr're porentiefprant ;r;;;;it;;;ffi,ili[?eke
soir
IT=",,JllJ:,1,.,."j,J j,,J,i.r",:J:.7"-:1.,:,,0_",^:ropT*,, ,,iii_l*=neil*!1.j#".=l:*:ir:* l!0j", rice-grass,rhe main rimitationl ;;''i;';#,1-"'il8,i"Jff[J?il ,,gi:i:,1,::ff::*1,#;:t*tiE:!:"1,1?,1131i,""','0,,,," f;the slope.
,"Jlitss yfl:';i,;T,X'Jly;J,';?::#'i;* $ffiH:f,l:itt".h,{x,l:lffitiF::.; *
ff'ffifl$Hff:j:'ffi-ffiffi =1*
rnrs unit is about €rercent v,l.irJku ."ru
percent Jerry soil and 40 liii;.*
,,::!+il;i, ,,i: , : i - -' 'Yv'!vl IUUv Pe
l'.r"'::11 -: .-..:j I
;iiliiE l,f:rli'
,,rrn"r..,-,,.r,. t.'
,.f i:jl.i\ i:::,:i:,
r,;B:1r:11it' ..1xr.n,-..-i.u-t: :.::..:
A.l_Nnoc 0-]3T_JUV9 VCISn Y9T:9Vd ae88Er50l5 5T:9T 9gA4/6a/PO
,lncluded irr this unit are srnall areas of Cochelopa,
rirobus, Anvik, Sl<ylick, Sligting, yeljack, and Caitings
-Gypsum Area, Colorado
lncluded aroas make up about 10 percent of thi
I acreage.
Ioam,
bility is moderately slow in the Millerlake soit.
lncreese tn
if the range i
limitalion is
managed, t
hay per,acre
lf this unit
range site,
range sito.
66--Jerry
This map unit
Elevation is 7,
precipitation is
temperalure is
frost-free peri
This unit is
percont Mi
Included in t
Antrobus, Anv
soils. lncluded
total acroage.
The Jerry
alluvium deriv
Typically, the
about 1 1 i
loam about 23 i
of 60 inches is
coarsa fragmen
volume, in a m
Permeability
water capacity
depth is 60 i
hazard of water
The Millerlake
in alluvium deriv
bodrock. Typical
about 19 inches
inches thick. Th
clay loam. The
very cobbly loam
Permeability i
main Iimilati
stones. Populinches is very channery clay loam, The content of constructlon
and cobbles i
lity is moderate in the Jorry soil. Available
the site is
lawns. The e
minimized by
baclcfilling wi
potontial.tof water erosion is moderate. .
lt4illerlake soil is deep and well drgined, lt formed This map u
and nonirrig
re Jerry soil is deep and well drained. lt formed in
ium derived domjnantly from sandstone and shale.
cally, the surface layer is dark grayish brown loam
tt 1 1 inchos thick. The subsoil is chann'ery clay
iiapout 23 inches. thick. The substratum to a depth
ie fragments ranges from 15 to 35 percent, by
ne, in a major part of the subsoil and subsiratum,
pacity also is rnoderate. The effective rooting
60 inches or moie. Runoff is rapid, and the
lm derived dominantly from sedimentary
;iTypically, the surfac-e tayor is Oari g;ay toam
inches thick,.Tho subsoil is ctay loam Lbout 1t
lsjiihick. The upper 14 inches of the substratum is
lo;fn, The lowbr part to a depth of 60 inches is
vater c.apacity is high. Tho effective rooting
). inches or more. Runoff is rnedium, and tie
erosion is moderats.
:is ussd as rangeland, pasture, or wildlife
;6ntial plant comrnunity on the Jerry soil isjiptain biome, etk sedge, mountain
mbol oak, and Saskatoon serviceberry.
at characterize this site are slendor
ill,eediegrass, and western wheatgrass. Theu3l production of air-dry vogetati;n is about
Jer acre. lf the range condition
ambel oak, mountain snowberry, and
ry increase in abundance,
plant community on the Millerlake soil
nch wheatgrass, lndian ricegrass,
J Saskatoon serviceberry, Oifrer plantsrithls site are muttongrass, ldaho
ibittorbrush, and mo[ntain big
l,Yerage annual production oiair-dryItl,200 poundi por acre. lf the rangelles, mounlain big sagebrush,
, and forbs increase in abundance.
when the range is in poor
, Iivestock grazing should bsdesirod balance of the pre{erred
J^lj th,r condition of the rangeCanada thisile, cheaigrass,li tarweed, and houndslongue
9T f9vd AJNNOC O-ETIUV9 VCSN L7]AqF68L5
:
5T:ET 98OZi5Z/VZ
l,,]azgll,z 6Z'rovieull P3^raceU
nce, RaRge seeding may be neededin poor condi,tion.
well suited to hay and pasture_ The mainrestricted permeability. If properly i
unit can produce 4 to0s of ir:rigateb irass.
; used for homesite. development, ,the
,s aro the shrink-swoll potential and lqrge
tion growth has resulted in inbreaseJ "
homes in areas of this unit, The gravel
disturbed areas should be renrov-eO it
51
This unit i
d, particularly in areas used foi
.of shflnki4g and swelling can be:
stng proper engineering designs and bv
material that has a low shrlnk-swejl I '
,
t is in capability subclass Vle; irrioated
1, Tlq Jorry soit is in rhe Brushy [ou,
the Millerlake,.soit is in the Stony f_oim
lerlake loams, 6 to 25 percenl stopes.
on alluvlal fans and valley side slopes.
l0 to 9,500 feet. The average annuali
B to 20 inches, the averagl annrl.iiir-
T r? !0 degrees F, and thL average
is 75 to 85 days. : .
..i
t 50 percent Jerry soil and;40
soil.
; unit are..small areas of Cochetopa;'
Skylick, Stigting, yeljack, and Caitinss
make up, about 10 porcent ofthe
is deep and weil drained. lt fsrmed in
dominantty frbm sandstone aha shatb
layer is dark grayish br:otrvn loam
Tho,subsoil is channery clay .,
es thick. Ihe subsrratum to a O-epth'channery olay loam. Tho conlont,of
ranges from 15 to 35 porcent, by, ;
part of the subsoil and substratum.
moderate in the Jerry soil. .Avallable
Is moderate. The effective rooting,.
or rnore. Runoff is rapid, and the :
on iS severg. ', ; .'
is deep and well drained.rlt fsrmeO
1 dorninantly from sedimentarv : I
, the surface lhyer is dark gray loam
ick. The subsoil is.clay loamiaboqt 11rpper 14 inches of the substratum ig
part to a dppth of 60 inches is
ately slow in the Millerlake soil:
stoniness, Suitable manageTnent praclices incluce I orasqes and /egumgrproper range use, oeterre-d srazing, and roiat,on I used. Limi{i6rgi,."r;;Jr?t::}f],,,t_lououate foflilizer issrazins, Aerial spravins is suitable ror brush f ::::tllirgl^1;"or-i",p i"'ffi:,t fl:?rlllion and
'Tfi:"iliil poo,ry suited ro hornesite deveropmen, i ;I,H"JI #:Ht::J ili:dli,";::ff1#1j#:i,,,' ,,
b01 sUrvey f Aspd4-Gypsum Af€a. Cntn..,-r^
|idZ|:Z '62'ldV 3urll pa^racaU
rnrs unll ls poorly sulIeO 10 norhesrte development. ! irrigatbd grasS hay or-^,',' "ett Preuuce 3 tons of
The main limitations are the slope and the aepitr to I annuaUty. uu bushels ot barley per dcreo"1'n:1k.0
unit is in capabiriry subcrass Vrre, $ ,. J5lflliJjfjf., ;:f:i,lr oi the showarrer soir..,1,i1ilI35 lru i.fi:T3:ilX';:Hl.',,=nl i?i. f [:,:ii*:ru:X.H';:T;#;j$iffHd:i;I mountdinmahogany, -:,::"f:$]J,1,"=0,
saskatoon94-showatter-Morval complex, 5 to 15 percent I servrcqberry, and bio sslopes. This map unit is on alluvial fans, hig'h terraces, $ proou"to, i,iuir-oir"r""i1?j,l::1:Tf" ur"r"9e annuatslgPes. lnls map UnlI lS on alluvlal lans, nrgn ierfaces, f proOuctiOn of air_driV, " 'trs tlv€ragg annual
and valley sides. Elovation is 7,000 to B,sod feet. The' I i?,., rgetation is about goo p;nd;e,
avorags annual precipitation is '14 to '16 inches, the :fi, , Theavorags annuat prectpttalton ts 't4 to ''t6 incnes, Ine [ , The potential plant cavorago annual airtemperarure is 42:rc a4degrees F, f .mainry iii."Jr""riin'r;;c"TTYl'ty on the Morval soit is
and thL averago frost"fiee period is B0 to 90 diys. $ mutron.strass, orairie,,,^':jlllu'n wheatgrass,
;H :t'. I ;ilx,.'.'ffi ff :: :;il :
ls
uix, iis,,, f il|;"Jffi i[, :?,tffiTt *l:, t{,xlil r r, *;
in convex areas, and the Morval soil is in the more I The nlain limitation foconcave areas, [ . treatmenlt is ihe surfac" :.'::,9" seeding or mechanicar
lncluded in this unit are small areas of soils that are $ Showalter soit Fr.^-^ ^
s-loniness in areas of the,,J1[',i,i","LJ]H,:il?iff,11i:',:il:1.'iH13:"'' $ IH::Xffi;lJ:::::#:li:ji!iffi:,"J#,x*,,"n[f';[Ji:f,"JJffi:".1i,8l;3 $ ::i: iHL^::" I PIHfXTIH','"T',;: :l],'ii,truJi:tgy9t, nrDv lttgtuuEu a
simitar to rhe Morvat soit buf have 30 r" ,Jp"r,i"i," ,[ ,l,i',l,"ii;i5,",fly#t:"1t:j9T"iii" aereroprnert.similar to the Morval soil but have 30 to 40 percent ,$ i.h.o- mainj limitationi ar" l- '-.IrwrrrEurte oeveloprnent.
cobbtes in the substratum. tnctuded areas make up [ ,nr-:l?r"i t,.,r*lii"rffiJ';,#,:nk-swoll poteniiar ani
about 20 percent of the total acreage. I Ttris mfp unitr:s il;;;The Showalter soil is deep and well drained. tt f and nonirdigared. Trre .sr.,.1^b,lill:-'!:'.rt.- Vle, irrigatedThe Showalter soil is deep and well drained. 11 I and nonirdigatod. The SfI"*"iil,Yii1t,. YI., irrigati
Iormed in alluvium derived dominantly lrom basalt. I Slopes rarhi" ,it", ;;;;:i?'ter soil is in the Loamy
About 10 to 15 percent of the surface is covorod with I Loarn ran$J
"il*,"'
*"' ttte Morval soil is in the Deep
gravel. Typically, the surtace layer is brown very stony i[ . , 9+-sh4,watler-Morval
loam about 8 inches thick. The r-rpper 3 inches or rrr"'. [ 'slopes. This mao rrnir ic ^l1T?l:I,.15 to 25 percent
;:[:IJi,I':U:H,I:l?=l:;H1:""::ffi';;n"''i{ 'T"l,"rrov
srro"'"r 'i'=r::ffiiilf'liJlJi?i"''
inches or more is verv cobblv ctav roam. ,;; in'r,uX,h;ilV:giiT{tltrprocipitation is 14 to 16inches or more is very cobbry cray loam. ,i[ ':'n1"^,_t1.,"r"[oJ';;iJ'::'?llf
ion is 14 to r6. Permeability is slow in the Showalter soit. Avaitable i[ d=greu. r,
"nJti"".""Tj.]l^"llntemperature
is 42to 44
warer capacity is modorare. rhe errective lir;illliJJnl[. .;ir.is r' and the averase rrost-troe i.]loi"iJuo ,o ,o
is G0 inches or more. Runoff is medium, unJirrJ il.*tif$ 'i':Thl
",ii:ffi,;,, *ii,l Eil; and we ,,.,.,:::i:,Hff f"*ilx#i:q.Jfi{{filj:?il:,Hffydio#,,,
auuvium derived dominanuy from basart. r;i:ri;l ;t:1$ so."1..ru .."J[St'
and the Morva! soil is ,;'ffi r;rtalluvium derived dominantly from basalt. Typically, the#fi .""Y|'u.qve arehs 'qt DUIr rs In lhe moro
surface layer is brown loarn abour 7 inches thick. Thefrf.: ';]lfcl.gdea lh thi, unir ero -
*jX,::j,".*::,.lNi:i:i::;f"i:im,,{tr igltittflffii".:iF,,Uii;:H""l;.J,j,::;i",. j
i : :i il i$: ;i,i[ "r=xt ##ii ] ]:t [iJ : ? ] 3" l#|, ]]iH[t,,:#ft li ff y ft i ru]::: iI**irtlltlif,es*ffiffi#I-,;*#fliffi:l' i
stones, 5 percont with cobbles, and 5 percent with ,f .
ffiili b"ffii;:",::.,"#if';;lnf;',",;'tll',, #i;ffi: triff,fl1,:,j,ljifltfiiil:.:,Jj:T []",J,1ffifl^,
rE
hazard of water erosion is slight.
#Hlfi{fifi# 1ffi ,'u;;',r{ffi ffi,Jffi ffi *u :
flIr/rrnJrl,-LYlr{l}ilir:r'l
'' ;., i"il
: it4i-llirr'r:.i(:.. I
rrn
ut
LI f9vd AINNDC O'IIT-JUVg VCSN
1..: f{, i..J. i.k'(L,' lrii
5T:ET 98AZ/62/p0
Aspen-Gypsum Area, Colorado
Grasses and legumes grow well if adequate fertilizer is
used. Limiting tillage for seedbed preparation and
I oonirolling weeds help to control runoff and erosion. lf
properly managed, tha unit can produco 3 tons of
irrigated grass hay or 60 bushels of barley per acre
annuslly.
The polential plant community on the Showalter soil
is mainly bluebunch wheatgrass, western whealgrass,
prairie junegrass, lndian ricegrass., true
mountainrnahogany, antelope bitterbrush, Sasl(atoon
serviceberry, and big sagebrush- The averago annual,production of air-dry vegelation is about 900 pourrds per
r,. acre-
: The potential plant community on the Morval soil is
mainly needleandthroad, western whoatgrass,
. muttongrass, prairie junegrass, and big sagebrush. The
average annual production of air-dry vegetation is about':'r.1,,500 pounds per acre,
' ' The main limitation for rango seeding or mechanical
,. treatment is the surface stoniness in areas of the
,,, Showatter soil. Range seeding generally is restricted to: broadcasting because of this limitation.
. 1; This unit is, poorly suited to homesite development.
The main limitations are rhe shrink-swell potential and
.,.the stones throughout tho profile.': :This map unit is in capability subclass Vle, irrigated
,. and nonirrigated. The Showalt'er soil is in the f_oamy
Slopes range site', and the Morval soil is in tfre Oeep
Loam range sito.
. .. .',,
:.i ,r gs-Showalter-Morval complex, 15 to 25 percent
l, ,lop"r:. This map unit is on alluvial fans, high terraces,i:and valley sides (fig. 7). Elevalion is 7,000 io g,S00
;. teel. The average annual precipitation ls 14 to l6
.l rnghes, the average annual air ternperature is 42 lo 44. degrees F, and the average frost-fiee period is g0 to g0
11 days.
;, ^Ii. unitis about 45 percent Showallor very slonyi1:loam and 05 percent Morval loam, The Showalter soil is,,,In convex aroas, and tho Morval soil is in the morer,,:cOnCaVe afgaS,;; - lncluded in this unit are smail arsas of soirs that are,: stmilar to tho Morval soil but have S0 to S0 percontlillll.:1. the subsrrarum. tnctuded areas make up
j;i,,1"1Y1 20 percent of the totat acreage.
i.,,r^-lhn,Showalter soil is deep and iell drained. lr
i, ilTo.! alluvium derived donrinantly fronr basalt.
:::!, 10 to 15 percent of the surface is covereO wirfr
i, "lll]li,J
percent with cobbtes, and 5 percent with
i.l:fr :x''"',XB1ltJi:;iil1'f,f iil:,'J:ffi :?,il.J,,r#:']l: very cobbty ctay toam. The tower 2B inchos is
I i,l.ib.::I,iJ3i;llffil,;':U?.:jepth or o0
'
"..,t..
r:
l4dz0:z '62'r dv arlrlL p0^ local
6s
Ipermeadility is stow in the Showalter soil. Availabtewaler capadity is moderate- The effoctive rooting depihis 60 incheg or more, Funoff is medium, and iho hazardof waier erdsion is moderate,
The Monlal soil is deep and we1 drained. lt formed inatluvium derlived dominantly f,o, O"rJi. Typically, thesurface layeir is brown loam about Zincfres thick. TheuPper 12 in(hos of tho subsoit is clay loam. The lower 4inches is_loqnr. The substrarum to aiepih of 60 inchesis loam. Ther soil is noncalcareous to a depth of 1ginches and calcareous below that depth.
Permeability is moderate in the Morvar soir. Avairabrewater capaci[y also is moderato. The effective rootingdepth is 60 ihches or more. Hunoff is medium, and tfiehazard of w{rer erosion is slight,
This unit iS used as rangelind or hayland or for
homesite der{elopment.
The potenfial plant community on lhe Showalter soilis mainly bluQbunch wheatgrass, wostern whoatgrass,
prairie junegr]ass, lndian ricegrass, true
rno u ntain m al'iogany, ante lope bitterbrus h, Saskatoon
serviceberry,_iand big sagebrush, The average annualproduction of iair-dry vegetation is about g0O pounds per
acre.
The potential plant community on the Morval soil ismainly needlQandthread, wostern wheatgrass,
muttongrass, prairie junegrass, and big iagebrush. Tho
average annuhl produclion ol air_dry vegetation is about
1,500 poundsiper acre.
The main li1-nitation for range seeding or mechanical
treatrnent is tlf e surface stoniness in areas of the
Showalter soili Suitable management practices includeproper range Usej deforred grazing, and rotation
grazing, Aerial spraying is suitable for brush
managemenl.:
lf this unit i$ used for hay and pasture, the mainiimitations aroithe surface stoniness, the slope, and theslow permeaUi[ity in the Showalter soil. Grasses and
legumes grow iwell if adequate fertilizer is used.
This unir is fery poorly suited to homesite
developmont. fhe main limitations aro the slope, the
shrink-swell pdtentiat, and the stones throughout theprofile.
I
This map u(it is in capabiliry subclass Vle,
nonirrigated. Tine Show"tter =oit is in tho Loarny Slopes
range site, andlthe Morval soil is in the Deep Loam'
range sile.
i
. 96-Southaqe cobbly sandy loam, 1 to 6 percent
slopes. This dQep, well drained soil is on uptand
terraces, mounlainsides, and alluvial fans. li formed inalluvium derived dominanily from redbed sandstone andshalo intermixed with gypsiferous material. Elevation is6,000 to 7,000leet. fhe'arerag;.rrr.i pr..ipitation is
8I f9vd AlNn0C (]3TJUV9 lE809P 816 5T:9T 9AAZ/62
licgn erpose. bedrock, Septic tant< absorption fields of
ii,bonventional size do not function adequaloly because of
:illhe slow permeability, Other kinds of sowage disposal
5pystems mfy be needed. The eflluent from septic tank
iihbsorplion fields can surface in downslopo areas and
Aspen-Gypsum Area, Colorado
Other plants that characterize thjs site are prairio
Junegrass, muttongrass, bluebunch wheatgrass, and
common snowberry. The average annual production of
air-dry ve.gotation is about 900 pounds per acre. lf the
range condition deterioratas, mountain big sagebrush,
Douglas rabbitbrush, cheatgrass, and annual weeds
lncrease in abundance.
Brush managernent improves deteriorated areas of
range that are producing more woody shrubs than were
present in the potential plant community, ln aroas
where brush is removed by prescribed burning or by
chemical or mechanical methods, the hazard of erosion
may increase,
lf the Tanna soil is used for homesite devolopment,
the main limitations are the slope and the shrink-swell
potential. The elfects of shrinking and swelling can be
reduced by maintaining a constant moisture content
'around the foundation. Backfilling excavations with
1;'materialthat has a low shrink.sw;ell potential can also
:.leduce the etfects of shrinking and swelling. The deep
,rYra,rn *i;
I prl-Torriorthents-Camborthids-Rock outcrop
mplox, 6 to 65 percent slopes. This map unit ii on
lerately !lopilg to steep, mainly south-facing
lntainsides, hills, ridges, and foot slopes. lt is onpn side slopes throughout the survey area,
;ularly where major drainageways "ut Oeep
unit is about 45 percent Torriorthents, 20
Camborthids, and 15 percent Rock outcrop.
fiiluded in this unir ,re small areas ot Monad, lyers,tii.flill Brownsto, Cushoot, Doilard, Ansari, and'Almy
hq Torriorthents ar6 shallow or moderately deep
'4!:e well drained, They formed in residuum anOpnr d6rlved dominanfly from sedimentary rock.
P
drained-
surface-
effective
particularly
canyons.
Earsman, B
areas make
and are well
and basall,
Available wa
depth is 4 to
of water eros
"riJhus create a health hazard.
_p;rlf the Pinelli soil is used fqr homesite developmeni,
fiitfip .uin timitattn is me stope. The slope is also a
i:i)rnanagement concern if septic tank absorption fields are
alled. Absorption lines should be installed on the
tour. Access roads should be designed to control
runoff and help stabilize cut slopes.
s map unit is in capability subclaSs Vte,
It is in the Clayey Foothills range site.hills, and'
,lncludod areas rnake up about 20 perceni of the range fronr
of gravel,
A-LNNOC OI:TJUV5 VCSN Y 18809r5016 6T:9T 9AgZ/62/F0
tl
IidZ0;Z '61')dV otrrl.L P3^r0c0U
/1
om frne sandy loam lo clay toam and have
ntent of gravel, cobbles, and stones. The
depth to sh e or sandstone is 4 1o 30 inches.
y is moderate in the Torriorthents.
Available
dopth is 4 t
of water ero on is sgvere,
Tho Ca thids are shallow lo deep and ar,e well
formed in residuum and colluvium derived
m sandstono shale and basalt, Typicaily,
ve a light colored surface layor and are
clay loam or am. They ara generally free of stones
profilo, but scattered basalt stones,throughout
cobbles, a sandstone rock fragments are on the
nt of clay in the subsoil increases
slightly with
Perme y is moderate in the Carnborthids.
Available w capacily is low or rnoderate. The ,
depth is 15 to 60 inches. Runoff is
rapid, and th
The Flock
sandstone, s
hazard of waler erosion is severe.
ale, and basalt.
This unit i used as wildlife habitat. The narive
vegetation is
pinyon, and
This unit i poorly suitod to homesite dovelopment.
The main li ions are the slope, the depth to
bedrock, and stones^
soils range
a variable c
dominantly
these soils
This map
nonirrigated.
105-Torr
95 percent s
er capacity is low, The elfective rooting
30 inches. Hunoff is rap[d, and ihe hazard
crop consistd mainly of barr:en
rather sparse stand of jrasses, forbs,
ah juniper.
is in capability subclass Vlle,
range site is assigned.
ock outcrop complex, 45 to
s. Thls map unit is on steop or
extremely ste , mainly southJacing mountainsidos,
It occur.s throughout the survey'area,
major dralnagoways cut deep
This unit is
percent Flock
lncluded in
bout 45 peroent Torriorthents and 35
The Torri
. They formed in residuum and
colluvium deri dominantly from sandstone, shale,
surfaca is generally covered with
stones. The s layer is reddish brown. The soils
to clayey and have a variable bontent
and stones.
Permeabili
s unit are small areas of Monad, lyers,
sto, Cushool, and Almy soils. lncluded
about 20 percent of the total acreage.
ents are shallow or moderatoly deep
is modorate in the Torriorthents.
capacity is low. The effective rooting
inches. Hunoif is rapid, and the haiard
ls sev8re.
X {" lt{" gumP Jrc'" 86tt Aunht froadllT
eUunoA SP'rittgo e0 8|601" gfww, 97C'945'6159
edu 970'948'6159
9m: 97C'945$5q
DATE: lvlaY25,2005
TO: John Collins
Box 664
Glenwood SPrings, Co 81602
RE: UpPer Well Test
Attn: Johrl
J & M Pump Inc. performed a 2 hour well test on the new well drilled on the upper
portion of the p.p;rty;;ss from fugonaut Farms. The following results were
obtained:
Well Depth:
Water Level:
Drawdown:
Sustained Yield:
Clarity:
Recovery:
Comments:
2s5',
3l' measured from top of casing prior to test
40' measured from top of casing during test
I5 GPM
Clear
95% within 22 minutes
This well is adequate for 3 single family dwellings with
Usage of 350 gailons per day per household
If you have any questions, please call Rich 945'6159' Thank you'
Riohard AHolub
Lic. No 1196
Well Test
Thank You!
1e JYL flurup Inc"
$il, etwht fuadlr7
qournad Sptug. e0 81601
frwu: 97C'945'6159
ed* 97c-94ti-6159
fiad.: 97C'9451r159
Well Test
DATE: May 21,2005
TO: John Collins
Box 664
Glenwood SPrings Co 81602
RE:LowerWell Test
Attn: John,
J & M Pump Inc. perfiormed a2 hour well test on the new well drilled across from the
entrance to Argonaut Farms. The following results were obtained:
Well Depth:
Water Level:
Drawdown:
Sustained Yield:
Clarity:
Recovery:
Comments:
280',
78' measured from top of casing prior to test
147' measured from top of casing during test
15 GPM
Clear
90plo within 28 minutes
This well is adequate for 3 single family dwellings with
A usage of350 gallons per day per household.
If you have any questions, please call Rich 945-6159. Thank you.
J &-$,Pump Inc
ftrtr*/fl
Richard AHolub
Lic. No 1196
Thank You!
DtvtsloN 0F
l0lw
WATER RESOURCES, DEPARTMENT OF NATURAL RESOURCES-
Columblnc Bldg., 1845 Shcrmon Strft, Dcnv-er-,-p,iii
ffi A PERHIT TO CONS
APPLICATI0N F0Rz /--7 REPLACEHENT FOR
ru A PERllaT To INSE OTHER
li'ffi-r /...,
/.' i r" .rP"".'t".
!'. j , r.,\' -]'
PRINT OR TYPE
APPLICANT Mr S{11{.enr .Taaknan
Street Address lt-ltlJSr stalrno+r n-.yoa
City e State Glenso6dJDtnAs'l]olo.
Use of ground water Donpetlc _-
Ovner of land on which well
is located sane -Owner of irrigated
l and
Number of acres
to be i rr i gated
Legal description of
i rrigated land
Other water rights on
th is land
Aquifer (s) ground water to be obtained
f rcrn Dakota. s
Storage capaci ty
C0UNTY Prtrrrtar cnrftcld .
l{[t. i, of the SW _
T. 7-S , R. 89-W ,
Street or
Lot e Block Lo+, # 1
City or
Subd I v.Fi I ing
Ground l.later Basin
Water l4anagement
District
LqcA.TE WELL_oN THE BACK 0F THrS SHEET
Dri l ler No. 5qTDrillerrs Route 1 Box ,O-BAddress Ca:rbondale Cofo.
?his permit is iesued eontingent
upon the stgning of House Bill 1L60.
t, sec. az
- 6 tn e.r'r.
/ artr* PATED PUrrP rNG RA,E/ 15
AVERAGE ANNUAL AT.OUNT O';ffi
BE APPR0PRIATED Acre-feet
AF
GPII
SiQr{ature of App
ESTT4ALEp U,E!L DATA
Anticipated start, of drilling 4-:O l9Z-
of use 6-1971Anticipated start
Hole Diameter:
63/4 in.
Cas i ng:
Plain 5f-.
Perf. F3
from
f rom
in. from oin. from
in. frqn l60in. frcrn
._.--.----.
toi 180 .."ft..
to-F ft.
f t. to r5cLft.
f t. to _ft.
ft. to 18e-ft.ft. to ft.
ESTIMTED PUMP DAU
rvp"sjP- -Hr 1- 3lil":,"..-
APPLICATION APPROVED:
VALID FOR ONE (I) VSAN AFTER DATE ISSUED
UNLESS EXTENDED FOR GOOD CAUSE SHOI/N TO
THE ISSUING AGENCY
pERl4rr No. 45881 coNDrrroNAL /-7
oArE rssuED frlAY 2 0 1971
ln.
ft.
ft.
APPLICATION I*IU,ST Bg COMPLETED SATISFACTORILY BEFORE AC.CEPTANCE ( ovER)
WEU LOG
WELL DATA
Type Drirrins Eal P 9' ' - -
HQLE DIAILEIER:
a:%r;.6 zdO
ln.
tn"
tron---Q--rt.
from - " ft.
frm-ft.
to
to
CASTNG RECORD
Size-,
,Qi.t"---".
DrrWdw/@5-a'
License No.
Oay oTfubscribed and sworn to before me this
. Plain Casing
si.d xina ) 4 *rn-o tt. rc go -
'r''1
i'!''
kind-from-ft. to-
kind-from-ft. to-
:'
Perfofted Casigg
sirdvira- / 4-tror,ri9-tt. to.-&-2=-'
Size-, kind -fronu--ft. '"]*--
Size--. kind-from-ft. to-
GROUTING RECpRD
ttateriat{lhry'- - - - ' -
tntewats R i /
Ptacement Method -
GMVEL PACX RECORD
size-lnterval-
TEST DATA
Date T
Type of PumP
rvELL O.RILLES STATEMENT
The undersigned, being duly svvorn, deposes a
says: he.is the driller of .the well hereon
described: he has read the siatement rnade he
knows the content thereof. dnd the 'same is tr
My C'ommission exPir ,19-.
Notary Public
S*p Sdta
l9_
wRJ-2x-
lndex
Registered-
STATE OF COLORADO
Know all men by these presents: That the undersigned
claimant
City
STATE OF COLORADO
L, orvtsroru oF YTATEB REsotrRcEs
Ci
oFFrcE oF THE,i)t ENoTNEEB
MAP AND STATEUENT FOR WATER WELL FILING
Clainantfl isyd tye o*^y of the well described hereon; the
total nunber of acres of land irrigated from this well'is--i
work was commenced on this well by actual @nstru"1;6.-f
aavot4fr'q/ -- "rc-?/--i,/
the yield from,said well
t.{is " /r^,{opm), for
which olaim is hereby ^"d, to, -Q'O ,rl gSf iC- purposes;
that the average annual amount of water to be diverted is
and that the aforementioned
statemerits are made and this map and statement are filed in
Subscribed before me * ,6ir ' - daY of
19
luty commission expi
Notary Public
WELL OATA
Date Cornpl
/t//4 y, ot. S-U--y, s.c. Z 3
r. ?-s R. gq4d 6fl ,.*.
INDICATE WELL LOCATION ON DIAGRAM
WELL SHALL BE LOCATEO WITH REFERENCE TO
GOVEBNMENT SURVEY CORNERS OB MONUMENTS,
OB SECTION LINES BY DISTANCE AND BEARING.
ft. from-section line.
(North or South)
ft. from-section lino.
(East or lYest)
Ground lVater Basi
Water Managemont
District
Domestic wel ls may be located by the following:
, BLOCKLOI
Stdtic Watdr'Leve
FILING H
ACCETTED FOR FILING IN .THE OFFICE OF THE STATE ENGINEER OF COLORADO ON THiS
DAY OF , 19_.
FOBM TO BE MADE OUT lN OUADRUPLICATE: WHITE FORM MUST BE AN ORIGINAL COPY ON BOTH SIDES AND SIGNED.
WHITE copy & GBEEN copy must be filed with the State Engineer within 30 days after well is completed: PINK copy
SUBDIVISION
ltlr---+---l---riri
3'r3--l---l1lr
--L---l---rlltlr
I
I
I---t-
I
I__-L_
I
I
I
I
I
I
SOUTH
compliance with the law.
State Engineer
is for the Owner & YELLOW copy is for the Driller.
THE LOCATIOTI OF THE PROPOSEO WELL SHALL BE
REFERENCE TO SECTION LINES OR GOVERNMENT
feet from
SHO!{N ON THE OIAGMH BELOW WITH
SURVEY CORNERS OR MONUMENTS.
(North or South) section I ine
feet from (East or West) section I ine
lF trELL lS FOR IRR'IGATlOt+; :THETAREA TO BE IRRIGATED l,lusT BE SHADED 0R CR0SS-HATCHED.
This diagrarn represents nine (9) sections. Use the !!!ft-&-SBE (one section)
to indicate the location of the well.
:tt|.'"
N
'1 Mile
++++++
++++++
+.+++
s
t:.++
o
++
+-J-I ++++
++,'. -. 1l.
l' 1 .. 'i
++
I
++
THE SCALE OF THE OIAGM}I IS TT.'O INCHES EqU$LS O.NE-MILE
' F I,l-"E D
lil 0tilc'E 0f I'i/li[R. REtt[it
l)ivisiorr No: .{ .1' I
0 cT 2 71971
, IN'TUE DISTRICT COURT IN.A$ID:,
OR WATER DIVISTON NO. 5
STATE OE,COLOTADO
:r'. Applic4tion No. . w-350 .'
)'.li'
FILED
rN WETBN COURT' Division No' 5
0cTz ?1971
OF
W^'ER CLENX
-*--%;;;il;i
tN tsn llerreR oF THE eppr,tcetrol\I,
FoR wAtER''nrcsrs oF r{rLLr"Aq B.' '
.Tecxsoi'i ,Ar.ID ERIEDA H. JAcKsoN
rN: cArrIELD'iotxry
RULING OF
REFDREE
' . ' , ' The above entltled ma-uter having been refbrred t6 the under-' 1, :.l'' signbd,as. vtai;er hefetee ,for water oivision No. 5; state'of ColoraEo,'.,., , :,,t
li th,e.wi.ter, ludSe,.of said co\,-t on the lsr day,,of July, L97I; in. .:,',' : ', ' : :. accoldance with Article 21 of Chapter L48, Colorado,Revised Statutes. t'.
, '.J.963,..as amendpd (Ctrapter 3?3 S.L. Colo. 1969)1 known as The Water,
.:'l.R:igbts Dete:mination,and Adrninistration Act of 1969.
,,,'l, ", , -', l
, 1,1
.
as ale necessar], to determ:ine whether.or nbt the statements.'in the l,
. a;Tplication irre trrie'errd h..rLr,g become'fu1ly advised ,ith ,esp."t:toj, -t-., .
,'l
, the suijeqq loittei'of. ile appliqation does hereby make the following,I
:dedermination and rur,inj as ttre Referee in this mattei, to-wit: l
"..1 ,.:,'.. . r. .,----- ::
':, i: . .,.,',.,r, 'The stateme.nts ln tig application arg true.: ]:.. .':. 2. The;nm of ,the itructure is Jackson lte1,I No.. 1-
',.' .3. The name.of claimant and address is:. Wilfiam B. Jackson.,. ,,,i.. ... and Ffieda E. Jackson, p. O. Box 819, Carbondale, j: .i; . :1.r. l'Cglorado SL623.
,:. .,.,, r4r; Th€ so'iitce of, \ratqr is a $i'ell faving a depth of Ig0 feet..' ', ,':
.5.. The 1ega1 description of the location of,the.wtiiU is, Thewell is Ioclted in Lot 3, Section 23, T. ?s., R. ggw. of
L the 6th.P.M. at a point 127 feet East and 237 feet South
'. , : ' .of therwest qoot"i Corner of said section 23.
ir.1
.. 5. . The proposed use of the water ls donestic.
' 7. The date of initiation of appropriation is October 13, I9ZO.
. . 8.. The amount of lrater claimed in cubic.feet per second of, lime, ,. i= 0.057 cubic feet per second ot tirne..:,
9. A penrit for the weil was issued. by the Office of the State
., rngineer contingent upon the signing of House.Bill No. 1160.' ... No nualcer was assigned to the permit.,.,:
'1
/':
'..
rt. n"f.t." doeS,thefefore conclude that the above entitle'l
application should be granted and that 0'057 cubic feet of water Per
j\,, ,j,' il' 'ckson well No' I for domesticieconq of, tj,ne .hereby' +s awarded to the Ja
I I,j:
', use,lwitf. app;qpqiatton date of the 13th day of October' 19?O'.
' ; ' " .^.-^--^- +^ -11 arr"l i cl
, absolutg]y and unconditionally; subject' however' t9 a1l :allier
pSiorlty
' . rights ot. ottrers uita to the integration' and tabulation by the Division
'-,, 1
Eflqineer'of, sriqh.priorities ;rnd changes of rj'ghts in''accordance wittr'
, lip ;i
,r,,"V,
u" a.te5":.n9d i9 lendinS
sgnnllneltaf general adjudt::*:"
.:rproceedirtgs.a ,.. 1',-:-
. I ' rt'i" accortlingly oRDERED that tltis ruling shaIl be enteredl
,bv tj,"lReferee Ln his records .and sharl become ef,fective upon suclr
':. t.
.,.
.l.;eritry,. .,rriq"ttto judiciar reviewi as provided by l:av''
::,,,1rI ira i= f,urtiier. ORDERED that a copy of this ruling shall be
Itff"a irith ,the r alproprlate;DLvlslon Enqineer and t!re' wateri Clerk of r.:.^ ." ,
'iaia'court.,l, t ,. , .. .-/L
.l ' . .,' ,.: 771
", ',,' 'l'"'ron" at th9 city of Glenwood sPrings' colorado' il';s-77'J
l; a^v' sr {?@!fu::1e71' ,
BY'THE NETEREE:
State.of .Colorado
. '':
No Drotogt lra$;!11"6 1!l thls Eattor
3ho forpBolns. rultng ls'colftmoil
and aprrovetl' snd ls uade *lrs- 4z
ndgirit an0 Dsoroo oc thti courtt
DstGOi
/?n/.
JACKSON l^lELL 1
N PNNCEI. OF LAND SITUATED IN THE EAST HALF OF SECTION 22 AND IHE WEST HALF OF SECT]ON
zs, romlsHrp 7 sbuiH, nlruce a9 tr\,Esr oF THE 6TH PRINCIPAL MERIDIAN, coqryTY oF GARFIELD,
sTiTT oF CoLoRADo; druo PARcEL BEING MoRE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 22. A STONE FOUND IN PLACE;
THENCE SO5'28,52"E A DISTANCE OF 2,506,71 FEET TO A POINT ON THE EASTERLY BOUNDARY OF
GoV,T LoT 2 oF SAID SECTION 25, THE POINT OF BEGINNING; THENCE SOO.zO,zI"W ALONG SAID
EASTERLY BOUNDARY A DISTANCE OF 143.98 FEET TO THE NORTHEAST CORNER OF GOV'T"LOT 3 OF
sAtD sEcTtoN 25; THENCE LEAVTNG SA|D EASTERLY BOUNDARY S00'2O'21"W ALoNG THE EASTERLY
BOUNDARY OF SAID GOV,I LOT 3 A DISTANCE OF 616.46 FEET TO THE SOUTHEAST CORNER OF
sAtD GOV'T LOT 3; THENCE LEAVTNG SAID EASTERLY BOUNDARY 50012'45"E ALoNG THE EASTERLY
BOUNDARY OF GOV,T LOT 7 OF SAID SECTION 23 A DISTANCE OF 143.05 FEET; THENCE LEAVING
SAID EASTERLY BOUNDARY S89'47,15"W A DISTANCE OF 447.34 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 117; THENCE THE FOLLOWNG FOUR (4) COURSES
ALONG SAID EASTERLY RIGHT-OF-WAY:
1) THENCE N15'42'34"W A DISTANCE OF 41.14 FEEI;
z) nreuce ALoNG THE ARc oF A cuRVE ro THE RTGHT HAVTNG A RADlus oF 1,4+4.45 FEET AND
A SENTRAL AN6LE oito'+a'sz', A DtsrANcE oF +z.3.76 FEET (cHoRD BEARS No5'18'18"w A
DlsrANcE oF a22,2a FEEl)i
5) THENCE NO3'O5'58"E A DISTANCE OF 3a6.34 FEET;
+i rpr-ruci No4'18'57"8 A DI5TANCE oF 99,90 FEET; THENCE sE9'54'48"E A DISTANCE oF 475.85
reEr ro rHE polNT oF aEcntr.ll.tG; SAID pARcEL oF LAND CoNTAINING 10.080 ACRES' MORE 0R
LESS.
05-l 3-2005
Form No.
GWS.25
APPLICANT
APPROVED
DMW
ll:28 FR0M-DIVSIIJATERES 970945874r
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial BIdg., 13'13 Sherman St-, Denver, Colorado E0203
(303) E6e3s81
T-857 P 002/00t F-l54
'1095
FRIEDAJACKSON
C/O CALOIA HOUPT & HAMILTON PC
1204 GRAND AVE
GLENWOOD SPRINGS, CO 81601-
(970) 945-6067
WELL PERMTT NUMBER 263271
DIV. 5 WD 38 DES. BASIN MD
APPROVED WELL .LOCATION
GARFIELD COUNW
SE 114 NE 114 Section 22
Township 7 S Range 89 W Sixth P.M.
DISTANCES FROM SECTION LINES
1340 Ft. from North Section Line
300 Ft. from East Section Line
UTM COORD INATES (Meters.Zono; 1 3.NAD83)
Easting:Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not ensure that no inJury will occur to snother vested waler right or preclude another owner of a vested water right from
seeking relief ln a civil court action,
The construction of this well shall be in compliance with the Water Well Construstion Rules 2 CCR 402-2, unless approval
of a variance has bean granted by tho State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18"
Approved pursuant to CRS 37-92-602(3)(bXllXA) as the only well on a tract of land of 35.9E2 acres described as lhat
State Englneer
Receiot No,9En2r?EA DATF tSSt
3,-l I :35A
*rk A zzA^AJ
05-13-2005 ll:29 FR0ld-DIVSII'ATERES
OFFICE OF THE STATE ENGINEER
970S458741 T-857 P.004/004 F-l 54
Form No.
GWS.25
APPLICANT
APPROVED
DMW ua.
COLORADO DIV]SION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 86e3581
FRIEDA JACKSON
C/O CALOIA HOUPT & HAMILTON PC
1204 GRAND AVE
GLENWOOD SPRINGS, CO 81601-
(e70) e4s-6067
1 095
DIV. 5 WD 38 DES. BASIN MD
APPROVED WELL LOCATION
GARFIELD COUNryNW 114 SW 114 Section 23
Township 7 S Range 89 W Sixth P.M.
pTSTANCES F&OM SECTION LINES
3254 Fl. from North Section Line
400 Ft. from West Section Line
UTM COORDINATES (Meters.Zone: 1 3.NAP!.3)
5)
6)
Easting:Norlhing:
TSSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
coNDtTloNS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not snsure that no lnjury will occur to another vested water right or preclude another owner of a vesled water right from
seeklng relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Constructlon Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Constructlon and Pump lnstallaUon
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-92-602(3XbXllXA) as the only well on a tract of land of 35.514 acres described as that
portion of the NW '114 of the SW 1/4, Sec. 23, Twp. 7 South, Rng. 89 West, 6th P.M,, Garfleld County. more particularly
described on the atlached exhiblt A (gl9a9ilcetfio\a), further identifled as7434 County Road 117, Glenwood Springs, CO
81601. This well is known as Jacks(n Well no. 3/
The use of ground water fmm thls well is limited to fire protection, ordinary household purposas inside not more than
three (3) single family dwellings..the waterlng of poultry, domestic animals and livesl,ock on a farm or ranch and the
irrigation of not more than one (1) acre of home gardens and lawns.
The pumping rate of this wellshall not exceed '15 GPM.
The return flow from the use of ihis well must be thmugh an individual waste water disposal system of ihe
non-evaporative type where the water is returned to the same stream system in which the well is located,
This well shall be constructed not more lhan 200 feet from the location specified on this permit.
NOTE; Parcel ldentification Number (PlN): 23-2395-221-0G001 & 2395-233-00-008
NOTE: AssessorTax Schedule Number: R080149 (totaling 56.39 acres)& R080694 (totaling 29.21 acres)
*2.*-'a.%tfiao-r
7)
State Englneet
Receiot 1116. $!Q-2235 B
-xece
tved
DATE IS
T ime-Mav,13.-l I :
TE 05-1 3-2007
1 1- 3-04; 1O:28AM;SchenkKerst@dewi nter i970 945
COVENANTS FOR
COFFI\,IAN RANCH SUBDIYISION EXEMPIION NORTH PARCEL
GARflELD COUTVTY, COLORADO
Rex A. Coffman and Jo Ann G. Coffman, being the owners of that certain Garfield County,
Colorado, real property hereinafter described, does hereby declare and establish that said real
property shall be held, owned, conveyed, encumbered, Ieased, rented, used, andoccupied subject to
the following covenants, restrictions, conditions, easements, and obligations which shall run with
the land and shall be binding on all persons having or acquiring any right, title, or interest in said real
property, to-wit:
l. Rpal Prooerty. The real property which is the subject of these Covenants consists of
four (4) I.ots (collectively "the I.ots") situate in Section 36, Township 7 South, Ranch 88 West and
Section 31, Township 7 South, Range 87 West, all in the 6th Principal Meridian, Garfield County,
Colorado, and described as follows:
Lot 1, Latl,Lot 3 and Lot 4, Coffman Ranch Subdivision Exemption North Parcel
Plat (hereinafterthe "Plat") recorded as Reception No.in the records of. the Clerk and Recorder of Garfield Counfy, Colorado.
2. Aciess. Utility and Well Easement, Each of the Lots shall be subject to and have the
benefit of that certain access, utility and well easement depicted on the Plat and described on Exhibit
"A" attached hereto and incomorated herein by this reference. Said easement herein described shall
be for the exclusive use of the owners of the Lots and their guests and invitees for access, utility and
well maintenance purposes, subject to the conditions and limitations herein contained. Any utilities
installed in the easement shall be placed underground except for pedestals and other above ground
equipment customarily used in connection with underground utility installations.
3. Homeowners Association. The owners of the l,ots shall constitute an unincorporated
non-profit homeowners association pursuant to the Colorado Uniform Unincorporated Non-Profit
Association Act known as the Coffman North Parcel Homeowners Association (the "Homeowners
Association"). The Homeowners Association shall be responsible for enforcing these Covenants as
hereinafter provided.
4. Common Water System. Lots I,2 and 3 are served by a conunon water system as
defined in those certain Common Well Covenants of the Coffman Ranch Subdivision Exemption
North Parcel recorded concurrently herewith, which Common Well Covenants may be enforced as
therein provided.
# 3/ 14
I
i
1 1- 3-O4; 1O:28AM;SchenkKerst@deWi nter ;970 945 2440 # 4/ 14
5. Inigation Water. The Homeowner's Association shall receive and hold 0.3 cfs ofwaterintheSloughDitchandBanningLateral,Ditchtlo. rq3,priorityNos.274and,309asdecreed
in the District Court of Garfield Counly, C,olorado. Thgowqers ofLots l.
ure eliglusrve Ee4[ !o use one_third 0/3) of sai
appurtenance to each of said Iots. Each lot owner
:d water. being 0.L cfs. yh-i
shall have an easement for di version of said water
an
right to their respective lot, which easement is reflected on the plat. The Home,owner,s Association
shall enforce the diversion and use of such water rights consistent with the respective rights of theowners of the Lots.
6' Restrictions' No buildings, structures or other irnprovements shall be constructed,erected, installed or otherwise permitted on or over the easement and licens e areaherein describedwhich wouid limit or restrict the use of the easement and license area for the purposes hereinprovided.
7 ' Road Maintenance and Repair. An all-season surfaced road for access to all of theLots shall be constructed and maintained within the easement and license area hereinabovedescribed. Unless otherwise agreed by all of the owners of a majority of the Lots, said road surface
shall be graveled. Maintenance of the common road shall includl snow plowing and snow removalfrom the road as necessary to assure winter access to all Lots. The owner of each Lot shall bear thecost of and be solely responsible for the construction, maintenance and repair of the driveway oraccess road extending from the common road to serve such owner,s Lot.
8' Maintenance Costs. The Lot owners shall equally share the cost of maintaining thecommon road which shall include periodic grading, crowning and graveling of the road as neceJsaryto maintain the road for year-round use by standard two-whiel drive vehilles.
9. PaynrentofExpenses. AllexpensestobepaidbyaLotownerhereundershallbepaid
within twenty (20) days after such owner receives notici of suth expense. ff an owner tails topaysuch owner's share of an expense as herein provided, such unpaid amount shall accrue interest at therate of onepercent(7%o)permonth, compoundedmonthly, cornmencing attheendof the twenty(20)day period when such payment is due If the ,on-puyirg owner fiils to pay any amount duehereunder within sixty (6o) days after the date due, the Ho*Jo*r,"r, Associati-onmay exercise suchlegal or equitable remedies as are available to collect such unpaid arnounts, including interest, inwhich eYent the prevailing palty shall be entitled to recover reasonable attorney's fees and costsincurred.
10' Enforcement. The Homeowners Association or an owner of any Lot shall have theright to Pnforce, by any proceeding at law or in equity, the covenants herein contained. Failure toenforce any covenant shall not be deemed a waivei of the right to do so thereafter. The partyprevailing in any action for enforcement of these covenants shall be entitled to recover all courtcosts, including reasonable attorney's fees incurred.
11' Severability. Each of the covenants herein contained shall be deemed independentand separate and the invalidation of any one shall not affect the vaiidity and continuing effeci of anyother.
1 1- 3-O4; 1O:2gAM;SchenkKerst@deWi nter i970 945 2440 * 9/ 14
30 FOOT ACCESS, UTILITY AI.ID WELL EASEMENT
(TO LOTS 1, Z AI.ID 3 OVER AIID ACROSS LOT 4)
A 3O.OO FOOT ACCESS, UTILITY A}.ID WELL EASEMENT SITUATED IN
GO\TERNMENT I,OT 17 OF SECTION 36 TOWNSHIP 7 SOLM{, RA}iGE 88 WEST, OJ'fiIE SD(TH PRINCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY RIGTTT OF WAY LINE OF COUNTYROAD #100, WHENCE A FOUND G.L.O. BRASS CAP IN PLACE A}ID PROPERLYT{ARKED FOR TI{E SOUTHEAST CORNER OF SAID SECTION 36 BEARS 5,26"26'43" E,
638.27 FEET; THENCE LEAVING SAID NoRTIIERLY RIGHT oF wAY LINE A}.IDALONG TIIE CENIERLINE OF SAID EASEMENT N.58'52'55 "W.7O.52FEET: THENCECONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO THE RIGHTHAVING A RADruS OF 180.86 FEET, A CENTRAL A}IGLE OF 9O'57'1I'A}I ARCLENGTH oF 287.11FEET ( cHoRD BEARS N.20'48'43 "w. zs79o FEET); THENCEs.8g'58'11"8.76.65 FEET; THENCE N80"0227"8.2ffi.55 FEET; TIENICdN.63"0g'55"E.
182.86 FEET; THENCEN.S7'0E51'E. 39.00 FEET; THENCEN.00'0g'04,w.60.04 SEET ToTHE POINT OF TERMINUS.
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COVENANTS FOR
COFFMAN RANCII SUBDIVISION EXBMFIION NORTH PARCEL
GARI'IELD COLINTY, C OLORADO
Rex A. Coffman and Jo Ann G. Coffman, being the owners of that certain Garheld County,
Colorado, real property hereinafter described, does hereby declare and establish that said real
property shall be held, owned, conveyed, encumbered, leased, rented, used, and occupied subject to
the following covenants, restrictions, conditions, easements, and obligations which shall run with
the land and shall be binding on all persons having or acquiring any right, title, or intercst in said real
property, to-wit:
l. Real Prooerty. The real property which is the subject of these Covenants consists of
four (4) Lots (collectively "the l-ots") situate in Section 36, Township 7 South, Ranch 88 West and
Section 31, Township 7 South, Range 87 West, all in the 6th Principal Meridian, Garfield County,
Colorado, and described as follows:
I-ot 1, Lotz,Lot 3 and Lot4,Coffman Ranch Subdivision Exemption North Parcel
Plat (hereinafter the "Plat") recorded as Reception No.in the records of. the Clerk and Recorder of Garfield County, Colorado.
2. Aciess. Utility and Well Easement. Each of the Lots shall be subject to and have the
benefit of that certain access, utility and well easement depicted on the Plat and described on Exhibit
"A" attached hereto and incorporated herein by thi$ leference. Said easement herein described shall
be for the exclusive use of the owners of the l-ots and their guests and invitees for access, utility and
well maintenance purposes, subject to the conditions and limitations herein contained. Any utilities
installedin the easement shall be placed underground except for pedestals and other above ground
equipment customarily used in connection with underground utility installations.
3. Homeowners Association, The owners of the lpts shall constitute an unincoqporated
non-profit homeowners association pursuant to the Colorado Uniform Unincolporated Non-Profit
Association Act known as the Coffman North Parcel Homeowners Association (the "Homeowners
Association"). The Homeowners Association shall be responsible for enforcing these Covenants as
hereinafter provided.
4. Common Water System. Lots 1,2 and 3 are served by a common water system as
defined in those certain Common Well Covenants of the Coffman Ranch Subdivision Exemption
North Parcel recorded concurrently herewith, which Common Well Covenants may be enforced as
therein provided.
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5. Irrigation Water. The Homeowner's Association shall receive and hold 0.3 cfs of
water in the Slough Ditch and Banning T,ateral, Ditch No. 193, priority Nos. 274 and309 as decreed
in the District Court of Garfield County, Colorado. The owners of L.ots I
the .elq.lusive right to pse one-third (1/3) of said w3ter, being 0.1 cfs. which rieht shall be an
appurtenance to each of said lots. Each lot owner shall have an easement for diversion of said water
right to their respective lot, which easement is reflected on the Plat. The Homeowner's Association
shall enforce the diversion and use of such water rights consistent with the respective rights of the
owners of the Lots.
6. Restrictions. No buildings, structures or other irnprovements shall be constructed,
ererted, installed or otherwise permitted on or over the easernent and license atea herein described
which would limit or restrict the use of the easement and license area for the purposes herein
provided.
7. Road Maintenance and Repair. An all-season surfaced road for access to all of the
Lots shall be constructed and maintained within the easement and license area hereinabove
described. Unless otherwise agreed by all of the owners of a majority of the [-ots, said road surface
shall be graveled. Maintenance of the cornmon road shall include snow plowing and snow removal
from the road as necessary to assure winter access to all Lots. The owner of each Lot shall bear the
cost of and be solely responsible for the construction, maintenance and repair of the driveway or
access road extending from the common road to serve such owner's Lot.
8. Maintenance Costs. The Lot owners shall equally share the cost of maintaining the
cortmon road which shall include periodic grading, crowning and graveling of the road as necessary
to maintain the road for year-round use by standard two-wheel drive vehicles.
9. PaymentofExpenses. AllexpensestobepaidbyaLotownerhereundershallbepaid
within twenty (20) days after such owner receives notice of such expense. If an owner fails to pay
such owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the
rate of one percent (|Vo) per month, compounded monthly, commencing at the end of the twenty (20)
day period when such payment is due. If the non-paying owner fails to pay any amount due
hereunder within sixty (60) days after the date due, the Homeowners Association may exercise such
legal or equitable remedies as are available to collect such unpaid amounts, including interest, in
which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs
incurred.
10. Enforcement. The Homeowners Association or an owner of any Lot shall have the
right to enforce, by any proceeding at law or in equity, the covenants herein contained. Failure to
enforce any covenant shall not be deemed a waiver of the right to do so thereafter. The party
prevailing in any action for enforcement of these covenants shall be entitled to recover all court
costs, including reasonable attorney's fees incurred.
11, Severability. Each of the covenants herein contained shall be deemed independent
and separate and the invalidation of any one shall not affect the vaiidity and continuing effect of any
other.
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30 FOOT ACCESS, UTILITY ANID WELL EASEMENT
(TO LOTS l, e AlrD 3 ovER AlrD ACROSS LOT 4)
A 3O.OO FOOT ACCESS, UTILITY A}{D WELL EASEMENT SITUATED IN
GOVERNMEhIT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTI{, RA}IGE 88 WEST, OTTI{E SDflT{ PRINCIPAL MERIDIAN, SAID EASEMENTBEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON TITE NORTHERLY zuGHT OF WAY LINE OF COUNTYROAD #100, WHENCE A FOIIND G.L.O. BRASS CAP IN PLACE AND PROPERLYMARKED FOR TT{E SOUTHEAST CORNER OF SAID SECTION 36 BEARS 5.26"26'43N E,638.27 FEET; THENCE LEAVING SAID NORTI{ERLY RIGIIT OF WAY LINE AI{DALONG TTIE CENTERLINE OF SAID EASEMENT N.58'52'55 -W.7O.52FEET: IHENCECONTINUING ALONG SA]D CENTERLINE AI{D ALONG A CURVE TO THE RIGHTHAVING A RADruS OF I 30.86 FEET, A CENTRAL ANGLE OF 90"57'1 I' A}I ARCLENGTI{ aF 287.1IEET ( cHoRD BEARS N.2o'48'43 "w. zs7 .goFEET); THENCEs.89'58'1l"E.76.65 FEET; THENCEN80"0227"8.zffi.ss FEET; fiEI.ICEi.I.63'0g'55,E.182.86 FEET; THENCEN.87"0951"8.39.00 FEET; THENCnN.00"0g,04,,w.60.04 FEET ToTTIE POINT OF IERMINUS.
1 1- 3-O4; 1O:28AM;SchenkKerst@deWr nter ;970 945
COMMON WELL COVENANTS
COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL
GARFIETD COI.NTY, COLORADO
Rex A. Coffman and Jo Ann G. Coffman, being rhe owners of Lot 1, Lot 2 and Lot 3
(collectively "the L,ots") as described on the Coffrnan Ranch Subdivision Exemption North Parcel
Plat (the "Plat") recorded as Reception No.in the records of the Clerk and Recorder
of Garfield County, Colorado, does hereby declare and establish that saidreal property shall be held,
owned, conveyed, encumbered, leased, rented, used, and occupied subject to the following
covenants, restrictions, conditions, easements, and obligations which shall run with the land and
shall be binding on all persons having or acquiring any right, title, or interest in said real property,
to-wit:
t, Wifer System Description. The common water system which is the subject of these
covenants shall consist of the following:
(a) That certain water well (hereinafter "the well") located on Lot 1, which well was
drilled and constructed pursuant to Perrnit No. 60800-F issued by the Colorado
Division of Water Resources and Basalt Water Conservancy District Water
Allotment Contract No. 430 dated Novernber 1 l,20O3,together with all of the rights
and subject to all ofthe obligations under such perrnit and contract; and
(b) The water and water rights appurtenant to the well; and
(c) The pump, pressure tank, pump house, two (2) inch watersupply line extending from
the pump to an underground valve box located in the easement described in section
3 below and within fifteen (15) feet of the intersection of such easement with the
sixteen (16) foot access and utility easement depicted on the Plat, a curb stop valve
for connection of each Lot's water supply line to the comrnon water supply line, and
related equipment necessary to produce water from the well for use on the Lots.
2. Water System Ownership. The common water system shall be owned in equal
undivided interests by the owners of the L,ots. The owner of each Lot shall also own a proportionate
interest in and to so much of the water supply line, if any, used in common by such owner and the
owner(s) of one or both other Lots.
3. Easements. The owner of each lot shall have andbe subject to an easement for the
purpose of maintaining and replacing the comrnon water system, which easement is depicted as the
access, utility and well easement on the Plat and described on Exhibit "A" attached hereto and
incorporated herein by this reference. The owner of each Iot shatl also have an easement for access
to the curb stop valve on the water line serving each other Lot, which easement shall extend a
distance of ten (10) feet in all directions from the center of each such valve.
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4. W4!er System Installation. Maintenance. Repair and Replacement. The owner of any
Lot may elect to install those components of the common water system described in subsection 1(c)
above at any time; provided that if the Declarant then owns one or more of the Lots, the Declarant's
approval (which approval will not be unreasonably withheld) of the plans and specifications for and
the proposed inskller or installers of such corlmon water system cornponents shall first be obtained.
The Lot owner or owners initiating such installation shall bear the cost of such installation, subject
to the right of reimbursement as hereinafterprovided. After such installation of the common water
system components and prior to another Lot owner connecting a water supply line to the common
water system at the curb stop valve designated for such Lot, the owner of such I-ot desiring
connection to the corrmon water system shall reimburse to the Iot owner or owners who bore the
initial cost of installing the corrmon water system one-third (1/3) of such initial cost as reflected in
paid invoices or receipts for such costs. In no event shall a Lot owner connect a water supply line
to the common watersystem orreceive any waterfrom such system until such owner's share of such
installation cost is fully paid, Each Lot owner shall bear the expense of extending a water supply
line frorn the curb stop valve designated for such Lot at the terminus of the common supply line to
the point or points of use on such owner's Lot. The owner of each Lot connected to the common
water system shall equally share the cost of maintenance, repair or replacement of the common water
system; provided, however, the Declarant shall not be responsible to pay any such maintenance,
repair or replacement costs unless and until a Lot orined by the Declarant is connected to and is
receiving delivery of water from the common water system. The owner of each Ilt shall bear the
cost of and be solely responsible for the installation, maintenance, repair and replacement of
pipelines and other equipment not used in common by the Lot owners but which is solely used to
provide water service to such owner's Lot.
5. Operational Costs. The monthly cost of operating the common wator system as
above-described, including charges for electricity use, shall be paid as follows: (a) if and for so long
as only one Lot is connected to and has commenced receiving water from the common water system,
the owner such Lot shall pay all of such operating costs; and (b) when two or more [.ots have been
connected to and colnmenced receiving water from the common water system, the operating costs
shall be apportionedin equal shares between suchLots;provided, however, if volumeric waterflow
meters have not then been installed on the water supply line to each Lot, the owner any Iot who is
then receiving water from the common water system may demand in a writing delivered to the
owners of the other Lots that volumetric water flow meters be installed on the water supply line to
each Lot then receiving water from the common water system. In such event, each Lot owner shall,
at such owner's sole cost and expense, within thirty (30) days of the delivery of such written notice
or prior to receiving water from the common water system, if later, install on the water supply line
to such owner's lot a volumetric water flow meter to measure all water delivered to such Lot from
the comrnon water system. If the amount of water delivered to the Lots is measured by volumetric
water flow meters, the monthly operational costs of said system shall be prorated on the basis of
gallons of water received per Lot.
6. PaymentofExpenses, Allexpensestobepaidbyal-otownerhereundershallbepaid
within twenty (20) days after such owner receives notice of such expense. If an owner fails to pay
such owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the
rate of one percent (l%o) per month, compounded monthly, commencing at the end of the twenty (20)
day period when such payment is due. If the non-paying owner fails to pay any amount due
I 1* 3-O4; 1O:28AM;SchenkKerst@deWi nter i970 945 2440 # 12,/ 14
hereunder within sixty (60) days after the date due, another owner who has paid such expense may
exercise such legal or equitable remedies as are available to collect such unpaid amounts, including
interest, in which event the prevailing party shall be entitled to recover reasonable attorney's fees
and costs
lncurred.
7 . Disconnection from Water Supply. In the event any Lot owner desires to discontinue
the use of water from the common water system, such owner may disconnect from said water system,'and, upon disconnecting and giving written notice of such disconnection to the owners of the other
Iots, shall be relieved of any further obligation to pay the cost of maintenance of the common water
systern; provided, however, such disconnecting owner shall remain fully liable for such owner's share
of any common expenses incurred prior to such disconnection, and such disconnecting owner shall
not thereafter be allowed to reconnect to the comrnon water systern without having first obtained the
written consent of the owners of the other Lots then connected to and entitled to receive water from
said water system. In the event of disconnection of any l-ot from the common water system as
provided in this section, the maintenance and operating expenses thereafter incurred in connection
with said water system shall be borne by the owners of the remaining Lots connected to said system.
8. Water Distribution. The owner of each Iot shall install such flow restrictors, water
storage tanks and other facilities in the water supply line or system serving such Iot as rnay be
necessary to insure reasonably comparable water pressure and supply to each Lot and to otherwise
effectuate the purposes and intent of these covenants. In the event the water produced. from the well
becomes inadequate to supply all of the demands for water therefrom, theLot owners utilizing such
water shall proportionately reduce their consumption therefrom until each Lot owner is consuming
a substantially equal amount of the water which can adequately be produced from the well. The Int
owners may elect to drill a new well or take such other remedial action as is necessary to improve
the production of water from the common water system and the cost thereof shall be borne equally
by the Lot owners, subject always to the disconnection rights as provided in these covenants.
9. Water Use Restriction. Water from the common water system shall be used to serve
no more than one single family residence and one guest home on each Lot, and shall be subject to
such other reskictions as provided in the Well Permit and Allotment Contract referenced in Section1. Any use of water from the common water system except as herein expressly provided is
prohibited.
10. Enforqement. ThecovenantshereincontainedmaybeenforcedbytheCoffmanNonh
Parcel Homeowners Association, an unincorporated non-profit association as referenced in the
Covenants for Coffman Ranch Subdivision Exemption North Parcel recorded concurrently herewith
or by the owner any Lot, by any proceeding at law or in equity. Failure to enforce any covenant shall
not be deemed a waiver of the right to do so thereafter. The party prevailing in any action for
enforcement of these covenants shall be entitled to recover all court costs, including reasonable
attorney's fees incurred.
11. Severability. Each of the covenants herein contained shall be deemed independent
and separate and the invalidation of any one shall not affect the validity and continuing effect of any
other,
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12. Amendment and Termipation. The covenants and agreements herein contained shall
continue in full force and effect for a period of twenty (20) years and from year to year thereafter
until amended or terminated by written instrument executed by the owners of all of the Lots which
have not then disconnected from the common water system as hereinabove provided.
I3. Notices. Noticeashereinaboverequiredshallbedeemeddelivereduponbeingplaced
in the United States Mail, postage prepaid, andbearing the address of the owneror owners as shown
in the records of the office of the Assessor of Garfield County, colorado.
L4. Multiple Owners/Successors. Any reference in these Covenants to aLot ownershall
be deemed to include all owners of such I-ot, collectively, and shall also refer to all successors of
such owner or owners.
SIGNED this _ day of 2004.
Rex A. Coffman
Jo Ann G. Coffman
STATE OFCOLORADO )
) ss.
COUNTY OF GAREIELD )
The foregoing instrument was acknowledged before me this day of _,
2CI04, by Rex A. Coffman and Jo Ann G" Coffman.
Witness my hand and official seal.
My commission expires:
Notary Public
DECLARATION OF PROTECTIVE
WILKS SUBDIVISION EXE
Garfield County, Colorado
".n*.*qfB ,
THIS DECLARATION OF COVENANTS is made and entered into by Edward J
and Maria Gloria Wilks on the day and year hereinafter set forth.
WITNESSETH:
The undersigned, owners in fee of that real properly described as Parcels A and B, Wilks
Subdivision Exemption, Garfield County, Colorado, desire to subject and to place upon said real
property certain covenants, conditions and restrictions set forth herein, for the purpose of protecting
the value and desirability of said property, for purpose of furthering the development of the property
and in order to comply with conditions of approval of Garfield County for the Park Subdivision.
NOW, THEREFORE, THE UNDERSIGNED hereby declare that Parcel A and Parcel B,
Wilks Subdivision Exemption, shall be held, sold and conveyed subject to the following covenants
and conditions:
ARTICLE 1
Pets
Not more than one dog of any age or breed shall be kept upon a Parcel at any time. When
outside, all dogs and other pets shall be leashed or restrained within an enclosure. In the event this
covenant is violated, the owner in the Parcel not in violation may take such action as is reasonably
necessary to correct the violation, including injunctive relief for the removal of any pets creating a
violation of this covenant.
ARTICLE 2
Fireplaces
No open hearth, sotid-fuel fireplaces will be allowed on any of the Parcels. One (1) new
solid-fuel burning stove, as defined by C.R.S. 25-7-401, et seq,, and regulations promulgated
thereunder, shall be permitted in a dwelling unit. Dwelling units shall be permitted an unrestricted
number of natural gas or propane burning stoves and appliances'
ARTICLE 3
Lighting
All exterior lighting on either Parcel shall be the minimum reasonably necessary for the safe
use of the premises, and to the extent possible, all exterior lighting shall be directed inward and
downward and toward the interior of the respective Parcels, except when absolutely necessary to
provide for safety lighting on the premises.
ARTICLE 4
Agricultural Living
Colorado is a "Right-to-Farm" State pursuant to C.R.S. $ 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield
County's agricultural operations as a norrnal and necessary aspect of living in a County with a strong
rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights,
mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and
disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil
amendments, herbicides, and pesticides, any one or more of which may naturally occur as part of a
legal and non-negligent agricultural operations.
All owners of land, whetherranch or residence, have obligations under State law and County
regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds,
keeping livestock and pets under control, using property in accordance with zoning, and other
aspects of using and maintaining properly. Residents and landowners are encouraged to learn about
these rights and responsibilities and act as good neighbors and citizens of the County. A good
introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture"
put out by the Colorado State University Extension Offrce in Garfield County.
ARTICLE 5
Water and Landscaping Restrictions
Use of water by Parcels A and B under Colorado Division of Water Resources Permit No.
No. 234731 shall not exceed that identified in the Permit and the Water Well Community Sharing
Agreement of even date and recorded in the Office of the Garfield County Clerk and Recorder.--:-.-
ARTiCLii 6
Conditions of Count-y Approval
The use of all Parcels shall be in strict accordance with the conditions of approval and Plat
restriction contained in the County Resolution approving the Wilks Subdivision Exemption. All
owners of Parcels shall use and occupy their respective Parcels in conformity with all governmental
regulations applicable thereto.
ARTICLE 7
Individual Sewage Disposal System Maintenance
The owner of each Parcel shall perforrn on the individual sewage disposal system serving the
Parcel such routine maintenance and repair as is sufficient to allow the system to perform in good
working order, including, but not limited to, pumping the tank every two (2) years.
ARTICLE 8
Fire Protection
Addresses shall be posted where the driveway intersects the County road. Letters shall be a
minimum of 4 inches in height, '/z tnches in width, and contrast with background colors.
Driveways shall be constructed to accommodate the weights of emergency apparatus in
adverse weather conditions.
Combustible materials shall be thinned from around structures so as to provide a defensible
space in the event of a wildland fire.
ARTICLE 9
Enforcement / Homeowner's Association
The undersigned declare themselves to be an unincorporated non-profit homeowners
association pursuant to the Colorado Uniform Unincorporated Non-Profit Association Act, known
as the Wilks Subdivision Exemption Homeowners Association for the purposes herein stated. The
Wilks Subdivision Exemption Homeowners Association shall be responsible for enforcing these
Protective Covenants. If, however, the Homeowners Association fails to take action, these covenants
and the terms, conditions and provisions hereof may be enforced by the owner of either of the Parcels,
their successors and assigns. In the event legal proceedings are brought against any party for the
pu{pose of such enforcement, the prevailing party shall recover from the non-prevailing party all costs
associated therewith, including, but not limited to, reasonable attomey's fees.
ARTICLE 10
Governing Law
This Declaration shall be construed and governed under the laws of the State of Colorado.
ARTICLE 11
Severabilitv
Each ofthe provisions ofthis Declaration shall be deemed independent and severable, and the
invalidity or unenforceability or partial invalidity or partial unenforceability of any provision or
portion hereof shall not affect the validity or enforceability of any other provision.
ARTICLE 12
Term of Declaration
Unless amended, each and every term, covenant, condition and restriction contained in this
Declaration shall run with and bind the land, and shall be effective for a period of twenty (20) years
after the date this Declaration is recorded, and thereafter shall be automatically extended for
ARTICLE 13
Binding Effect
successive periods of ten (10) years each, but may, at any time, be amended or terminated-by-.._
-- unanimous vote oftlrgowners of each of the pardels within the Wilks Subdivision Exemption, with \
(theapprovaloftheBoardofCommissioneriofGarfieldCounty,Colorado.
This Declaration shall be binding upon and inure to the benefit of the Declarantil.irrd th"i.
successors in interest and ownership of Parcels A and B, Wilks Subdivision Exdinpticin , and to a4y
person or entity having any right, title or interest in either of said Parcels, or any part thereof, their
heirs, personal representatives, successors and assigns.
IN WITNESS WHEREOF, the undersigned hereby state and declare that the foregoing
Declaration of Protective Covenants for the Wilks Subdivision Exemption shall be effective this
day of ,2005.
DATED this _ day of ,2005.
Edward Jacob Wilks Maria Gloria Wilks
STATE OF COLORADO )
) ss.
COLINTY OF GART'IELD )
The foregoing instrument was acknowledged before me on this day of
,2005, by Edward Jacob Wilks and Maria Gloria Wilks.
Witness my hand and official seal.
My commission expires:
Notary Public
DECLARATION
OF
ROAD AND IRRIGATION EASEMENTS
AND
MAINTENANCE OBLIGATIONS
This Declaration is made this _ day of ,2005, by Edward
Jacob Wilks and Maria Gloria Wilks (the "Declarants"), owners in fee of that real properfy
described as Parcels A and B of the Wilks Subdivision Exemption, County of Garfield,
-Stut"
of Colorado (collectively the "Parcels',).
I
RECITALS
The Declarants are the owners and subdividers of two tracts of land known as parcels
A and B, Wilks Subdivision Exemption, Garfield County, Colorado and, by this Declaration,
intend to grant and dedicate rights to the use of a access and utility easement serving parcel A
and an irrigation easement serving Parcel B, to and impose on the Parcels, as covenants running
with the land, obligations to maintain the access and utility easement and irrigation easemeri
as set forth below.
il
ROAD EASEMENT
SECTION 2.01
The Declarants hereby grant and dedicate unto the owners of
Subdivision Exemption. their h.ffi i;ni;ffiffifffi -foot easement
Upgn gvel-g+gP"c-{oss, that portion of Parcel B, designated as an access ana utiiity easement on
the Wilks Subdivision Exemption Plat recorded in the office of the Garfield County Clerk and
Recorder, at Reception No.and as attached hereto and incorporated herein as
Exhibit A, for use by the owners of the Parcel A, their successors, assigns, agents, employees,
tenants, guests and invitees, for a private roadway, and utility pu{poses, (the "road easement,,)
subject to the terms, conditions and provisions hereinafter set forth.
SECTION 2.02
The term of the road easement herein granted shall be perpetuar.
SECTION 2.03
The costs of repair, maintenance, clearing, trash removal, snow plowing, and other
expenses of upkeep andpreservation ofthe road easement shall be the sole responsibility of the
owner of Parcel A and the costs shall be borne by such owner. Routine repairs, paving.
clearing, trash removal and snow plowing will be conducted from time to time as may be
reasonably necessary.
m
EASEMENT SERVICE AREA
Use of the road easement shall be restricted to access to and from Parcel A. The road
easement may not be used for the parking or storage of vehicles or equipment. The road
easement also is subject to the dedication of a utility easement as set forth on the Wilks
Subdivision Exemption Plat.
ry
UTILITIES
The Declarants have granted on the Wilks Subdivision Exemption Plat, a perpetual, non-
exclusive easement to use the road easement for the purpose of providing utility service to
Parcel A or for the repair, maintenance, removal or replacement of said utilities. All
instrumentalities, lines, or facilities placed in the road easement shall be maintained in a safe
condition by the respective utility company or governmental agency. No grantee of a utility
easement under the Wilks Subdivision Exemption Plat shall in the use, construction,
reconstruction, operation, maintenance, or repair of any utility in any way umeasonably obstruct
or delay the use of the road easement granted herein.
v
SPECIAL USES
Under no circumstances shall access be denied to or from Parcel A over and across the
road easement for emergency vehicles, maintenance equipment, and government officials while
on official business.
VI
IRRIGATION EASEMENT
SECTION 6.01
The Declarants hereby grant and dedicate unto the owners of Parcel B, Wilks
Subdivision Exemption, their heirs, successors and assigns, a nonexclusive 30-foot easement
upon, over and across, that portion of Parcel A, designated as an irrigation easement on the
Wilks Subdivision Exemption Plat recorded in the office of the Garfield County Clerk and
Recorder, at Reception No., and as attached hereto and incorporated herein as
of the Parcel A, for transportation of irrigation water and
2
Exhibit B, for use by the owners
maintenance of the easement, subject to the terms, conditions and provisions hereinafter set
forth.
SECTION 6.02
The term of the irrigation easement herein granted shall be perpetual.
SECTION 6.03
The costs of construction, installation repair, maintenance of the irrigation pipeline and
other expenses of upkeep and preservation of the irrigation easement shall be the sole
responsibility of the owner of Parcel B and the costs shall be borne by such owner.
vII
SUBSEQUENT OWNERS
The easements granted herein are appurtenant to the respective Parcels in the Wilks
Subdivision Exemption and such easements may not be transferred, assigned or conveyed apart
or separately from the land underlying the respective Parcel which benefits from each easement.
All provisions of this Declaration, including all benefits and burdens, shall run with the
respective Parcels subject hereto and shall be binding upon and shall inure to the benefit of the
heirs, assigns, successors and personal representatives of the Declarants, subject to the
provisions hereof.
vIII
ENFORCEMENT
This Declaration and the terms, conditions and provisions hereof may be enforced by the
owner of either of the Parcels, their successors and assigns, and in the event legal proceedings
are brought against any parly for the purpose of such enforcement, the prevailing party or parties
shall recover from the non-prevailing party or parties all costs associated therewith, including,
but not limited to, reasonable attorney's fees.
The owner of each Parcel agrees that, upon request of any of the other owner, it will
certifu from time to time to any person designated whether there are any breaches of this
agreement. If any parfy fails to respond to such a request within ten (10) days of the date of the
request, any existing breach of the Declaration shall be deemed waived by the non-responding
party.
IN WITNESS WHEREOF, the Declarants have executed this Declaration as of
the day and year first above set forth.
Edward Jacob Wilks
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
Maria Gloria Wilks
The foregoing instrument was acknowledged before me on this _ day of
2005, by Edward Jacob Wilks and Maria Gloria Wilks.
Witness my hand and official seal.
My commission expires:
Notary Public
DECLARATION
oF'
PRIVATE ROADWAY EASEMBNT
AND
MAINTENANCE OBLIGATIONS
This Declaration is made th]s day of ., . ,200 .,byand (trefemfffer trrE'pect'arunt9, oivners i" fepZ-ithat reaiproperty described as
Parcel 2 andParcel 3 df.t Sub-division Exemption, County of Garfieid, Stut. of Colorado.
I
RECITALS
The Declarants are the owners and subdividers of two tracts of land known as Parcel 2 and
Parcel 3,, Subdivision Exemption, Garfield Comty, Colorado and, by this Declaration, intend
to grant and dedicate joint and common rights to the use of a private driveway serving the Parceis,
and impose on the Parcels, as covenants running with the land, the obligation to jointly maintain the
driveway.
II
ROAD EASEMENT
SECTION 2.01
iilheDeclarants hereby grant and dedicate unto the owners of Parcel 2 andParcel 3,
Subdivision Exemption, their heirs, successors and assigns, a non-exclusive easement upon, over
and across, that portion of said Parcels, designated as an access . - cn the final
plat of thc Subdivision Exemption recorded in the office of the Garfield County Clerk and
Recorder, at Reception No., for use by the owners of the respective Parcels, their
successors, assigns, agents, employees, tenants, guests and invitees, for a private access road, ,
:. subject to the terms, conditions and provisions hereinafter set forth.
SECTION 2.02
The term of the road easement herein granted shall be perpetual.
SECTION 2.03
The costs of repair, maintenance, clearing, trash removal, snow plowing, and other expenses
of upkeep and preservation ofthe road easement shall be the sole responsibiiity of the owners of said
Parcel 2 and Parcel 3,Subdivision Exemption, and such costs shall be shared by the owners
of the respective parceis, one-haif (1 12)toPa:rcel 2 and one-half (l12)to Parcel 3. Routine repairs,
paving, clearing, trash removal and snow plowing will be conducted from time to time, as deemed
necessary by the Parcel owners.
m
ENFORCEMENT
This Agreement and the terms, conditions and provisions hereof may be enforced by the
olvrrer of either of the Parcels, their successors and assigns, and in the event legal proceedings are
brought against any party for the purpose of such enforcement, the prevailing parfy or parties shail
recover from the non-prevailing party or parties all costs associated therewith, including, but not
limited to, reasonable attomey's fees.
The owner of each Parcel agrees that, upon request of any of the other owner, it will certify
from time to time to any person designated whether there are any breaches of this agreement. If any
party fails to respond to such a request within ten (10) days of the date of the request, any existing
breach of the agreement shall be deemed waived by the non-responding party.
ry
EASEMENT SERVICE AREA
Use of the easements shall be restricted to access to and from the respective Parcels, The
easements may not be used for the parking or storage of vehicles or equipment. i
.;. .rrhjcnr + th!-tlEtlttdut ir i-+:l:+r- lmal -+" cat fn*+hf- +Le ren{rrrlarl f1^+ Of rhe
frfrcllifur*iryt.n.
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VI
SPECIAL USES
Under no circumstances shall road access be denied to or from any Parcels over and across
the road easement for emergency vehicles, maintenance equipment, and government officials while
on official business.
VII
SUBSEQUENT OWNERS
The easement granted herein is appurtenant to the respective Parcels in the
Subdivision Exemption and such easement may not be transferred, assigned or conveyed apart or
separately from the respective Parcels which benefit from the easement.
All provisions of this agreement, inciuding all benefits and burdens, shall run with the
respective Parcels subject hereto and shall be binding upon and shall inure to the benefit ofthe heirs,
assigns, successors andpersonal representatives ofthe Declarants, subject to the provisions hereof.
IN WITNESS WHEREOF, the Declarants have executed this Declaration as of the day and
year first above set forth.
4:---:--j:
STATE OF COLORADO )
)ss
COLINTY OF GARFIELD )
The foregoing instrument was acknowledged before me on
'nd
this , day of February, 200 " , by
Witness my hand and official seal.
r** /'-----My commissien expires:
Notary Public
o
add
DpcreneuoN or WErr UsB/MATNTENANCE
THI S WELL USE MAINTENANCE DECLARATI !N ("pe_claration' ) is rnade rhis ./d/ dayffi .,.,-;;i'f .';-.:.lili.'j1:::-ffi1[:,-:*",.,t,t*i-#f,l16i;t:-p*r,*ho.!
WHEREAS, Declatant is the owner- of Parcels A, B, and C of the Mc Bride Exemption as moreparucularly described within-the plat thereof, heretofore recorded in the records of the clerk and Recorderfor Garfield county colorado o" -.-...- ,2oo4,in Book-, page-and ReceptionNumber____________;
WHEREA$Declarantis also the ownerofa domesticwell (,lWell,,) locatedwithinparcelA,whichwell is permitted, inter alia, for.the Pu{Poses of fire protection and ordinary horrr.hold ,rre instant to not morethan three single family dwellingi 6v.u n.r-it Nio. 25090 a); and
WHEREAS, by this Declarationitis the intent of the Declarant to establish a regimegoverrungthejoint use of the $7ell by the future owners of the above referenced parcels A and C.
A.
SBnvrcr Lrnrs EassMENT
Declarant hereby creates and reserves for the benefit of Parcel c , a nonexclusive easement over andacfoSSParceIAfortheffig,maintaining,repairingand,forreplacing^waterseryicelineto
the Well. Said easement thall extend
-fi],e (5j feer on.".fi'rii. of ,[r, center lirr. .*E.raing due north fromthe !7ell to the southern boundary of parcel C.
B.
\VBr,r Usp er.ro MangrprueNcr Cost
The owner of Parcel c may use'the well for only domestic purposes udttun one (1) single familyresidence to be located within the Parcel c-property. AII re-aining uses as allowed under permit No 2sogo4shall remain with the Parcel A property. AII'l,,f rool,,,."r r"J7-J"r.rr".r.. .*p".r* i.r.,rrr.d instant to the!7ell shall be born by the pariel A and parcei c owners on an equar 50/50 basis.
C.
DscrsroNs, DrsruTrs euo AnnrrRATroN
The owners of Parcels A and C, their suc,cessors and assigns, shall make all decisions regarding therepair, maintenance and improvements of the well by ,,,ilJ ;;;;nt. In the event the owners cannor agreeon issues rlg.ar{ing the operation, maintenance or- improrr.-.rriof the well, ,rr. p"rrl., shall submrt thekdispute to binding arbiuation,.as provided for by botoodo ir*. The parries shall appoinr as a soleatbiuator any aPPropriate membe, of , *rt., .rrgirre.rirrg firm wrthin the Roaring Fork Valley area. TheArbitrator is empowered to make any legally pro'p., J;g-;; r.soive the dispute, including an award ofdamages, injunctive relieve or any oth., i'ppioprirt. ,"*ur?.
D.
CoveNANrs Rur.rNrrtc wrTH THp Lexo
The covenants containedin this Declaration are intended to and shall run with the titles to the Parcel
A and C properties as described within the McBride Exemption Plat and shall be binding on the owners
thereo( there successors and the signs.
In vritness whereof, this Declaration is executed *n, /JfYv aay of @J ZOO+.
NoRTH B
Scott Balcomb, Manager
STATE OF COLORADO )
)SS
COUNTY OF GARFIED)
By'
Subscribed and sworn to before metbts /l.fA- day of t*?LtL ,Zoo4,byScott Balcomb as Manager of Notth Bank Holdings, LLC, a-Colorado Limited p^rt"em-tup.
My commission expires:
ITITNESS my hand and official seal.
N:\Peulene\WP Dcs\2004\Tim\Nonh Bank Holdrrygs Ll-C\Declarari@01-15_04.u?d
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Roeo UsB/ MTNTENANcE Dncr-ARA'TroN
THIS ROAD U-SE/MAINTENANCE DECLARA'TION ("Declaration") is made
rhts H a^t o1 ,2004 by North Bank Holdings, I .I .6, a Colorado Limited Liability
Company, whose address is 818 Colorado Avenue, Glenwood Springs, Colorado 81601 ("Declarant').
WHEREAS, Dedarant is the owner of Parcels A, B, and C of the Mc Bride Exemption as mole
particular\ described within the plat thereof, heretofore recorded in the records of the Clerk and Recorder
for Garfield County Colorado on 2004, in Book-, Page-and Receprion
Numbet- ("Exemption Plat") ;
WHEREAS, Parcels A, B. and C are accessed by an existing roadway ("Road') extending from U.S.
Highway 6 e.24 over and across Parcels B and C and terminating within Parcel A. The Road is entirely
contained $/ithin a thirty (30) foot non-exclusive Access and Utility Easement more particulady described
within the Exemption PIat; and
WHEREA$ by this Declaration it is the intent of the Declarant to establish a regime governing the
joint use of the Road by the furure owners of the above referenced Parcels A, B, and C.
A.
Roep Usner.ro MenvrnNeNcE Cosrs
The owners of Parcels A, B and C may use the Road for access purposes to and from each of the
designated Parcels A, B and C; provided however, that nothing contained herein shall establish any rights in
the owner(s) of either Patcel B or Parcel C to enter or otherwise access any part of Parcel A. All
improvements and/or maintenance expenses incured instant to the Road as shown on the exemption plat
shall be born by the owners of Parcels A, B and C on an equal thirty-three percent (33o/o) basis; provided
however, that the owner(s) of Parcels B and C shall be responsible for the payment (on a 50/50 basis) of all
costs and charges that may become due and owing under that Private Road CrossingAgreement heretofore
enteted into by and between North Bank Holdings, Tr f, and the Union Pacific Raiiroad Company. The
owner of Parcel A, solely, shall responsible for the payment of all costs and charges that may become due
and owing under that Private Road Crossing Agreement heretofore entered into by and between John
McBride and the Union Pacific Railroad Company,
B.
Drcrsrous, Drsrurrs AND ARBTTRATToN
The owners of Parcels A, B, and C, their successors and assigns, shall make all decisions regarding
the repair, maintenance andimprovements of the Road by mutual consent. In the event the owners cannot
agtee on issues regarding the operation, maintenance or improvements of the Road, the parties shall submit
their dispute to binding arbitration, as provided for by Colorado Law. The parties shall appoint an arbitrator
within the Roadng Fork Valley area. The Arbitrator is empowered to make any legally proper ruling to
resolve the dispute, inciuding an award of damages, injunctive relieve or zny other appropriate reward.
C.
- CovENANTS RuuurNcwrrrrTur LAND
The covenants contained in this Declaration are intended to and shall run with the titles to the parcel
,!, B, a-n{ C properties as described within the McBride Exemption Plat and shall be binding on the owners
thereof, there successors and assigns.
In witness whereo( this Declaration is executed trtts b*L aay of fui'/ zoo+.
STATE OF COLORADO )
) r..ffi--r
Subscribed and sworn to before me this , h$u a^y "f q' ,z}o4,by Scott Balcomb
as Manager of North Bank Holdings, T r c, a colorado Limited purj".r.hil. -
My commission expires:
WITNESS my hand and official seal.
N:\Paulcrr\VP Dcr\2004\Tim\Nortn BoI Holdings Lrc\Ro.d Ulc Dcclr.tim2-2544.*?d It OffintESEs Pnnffi
Scott Balcomb, Manager
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N+*;4
10/17/2005 ll0N 12:1i FAI 0 oorroor
AGREEMENT T'OR POND USAGE FOR FIRE PROTECTION PLA.NI
FOR STAINTON EXEMPTION
This Agreemeni is made and ageed to by and between VHS, Linrited Parfrrership LLp,
whose address is 313 Foxtail Road, Boulder, CO (haeinafter "VHS") and peter Stainton whose
addtess is 1938 Pearl Street, Ste 200, Boulder, CO 80302 (hereinafla "stainton") involving the
Ploperty which is described as the Stainton Exemption a.s shown on the final Plat filed at ReceptionNo._ Garfield County Clerk and Recorder.
WHEREAS, the properties owned by the parties hsreto are in need of a fire protection
system for all imprcvements and vegetation located thereon. kr considcration of the promises and
agreements set forth below the parties herein agree to the following Fire protection plan.
1, Dry Hydrants. Dry hydrants shall be installed by Stainton iri and around thc two
large ponds located on the VHS property called the Stainton Ponds Nos. 3 ancl 4 as adjudicated
to VHS in Case Nos. 95CW208, 86CW285 and 89CW202 Water Div No. 5 and the waier stored
therein can be used for fire protection, The ponds shall be those that are currently constjructed
and are located adjacort to the driveway on the VHS property which parallels Four trrtile Creekwhich propefty is adjacent to the Stainton Exemption Property, The dcsign plans and
spocifications for these hydlants shall be prepued and/or apprwed by the CteriwooO Springs
Fire Department before installation occrus,
2. Access' Access to tho fire hydrants shall be granted to the Glenwood Springs Fire
Department by VHS, Ltd at all times necessary for the FircDepartment to inspect thi systcm or
to combat a fire.
' 3. Amendment' This Agreement may not be modified, amendcd, rescinded,
cancelled or terminated, except upon the written consent of all of the parccl owners in the
Stainton Exomption, and the Glenwood Springs Fire Department. Consent of any owner shal
not be uueasonably witlrtreld and the amended agreement shall be set forth in a written
instrument recorded in the oflicc of the clerk and Recorder for Garfield county, Colorado.
4' Term. Unless othenvise cancelled and/or terminated in accordance with tJre
terms of this Agreement and any amendmcnts hereto, shall remain in effect in perpetuity.
5. Benelicisrics. Thc fire protoction systcms that ue installed by Stainton shall
also be available for use by VHS, lirnited partrership, LLp property.
O.,oOr$#]Ttt
WHEREOF, the undersigned execute this Agrecmenr on ,rrc lfllur or
Shinton-Fire Prof cdon Agrccrnetrl
DECLARATION OF COVENANTS AND
WELL SHARING DECLARATION
THIS DECLARATION OF COVENANTS AND WELL SHARING DECLARATION is
made this i.auy of October,2OO5, by Peter Stainton the owner of the Property (referred to
herein as "Owner").
WITNESSETH:
WHEREAS, Owner owns the real property described on the attached Exhibit A which
has been divided into four Parcels called the Stainton Exemption described at Reception No.
Garfield County Clerk and Recorder; and
WHEREAS, the Parcels are designated as Parcels 1 through 4; and
WHEREAS, there are two new wells (hereinafter "Wells") located within the subdivision
to be used for the four Parcels and a sharing agleement is necessary; and
WHEREAS, there is one shared driveway for Parcels 3 and 4; and
NOW, THEREFORE, the parties hereby declare that the Property and Wells are subject
to the following restrictions, covenants and conditions.
This Declaration shall run with and burden the land described in Exhibit A and referred
to herein as the Stainton Exemption, and shall be binding upon all persons or entities having any
right, title or interest in all or any portion of the Parcels therein, including Declarant, his
successors, assigns, descendants, tenants, and heirs. This Declaration shall inure to and are
imposed for the benefit of all present and future owners of the Stainton Parcels 1 through 4 and
for the benefit of the property located directly west of the Property and on the west side of
CountyRoad 117 located in Section 22, TownshipT South, Range 89 West,6th P.M., which
property is now owned by VHS, Limited Partnership, LLLP (hereinafter "VHS" or "VHS
property'').
I. WELL SHARING
APPLIES TO ALL PARCELS
1. Wells and Water Supply. Each parcel owner of the property shall be entitled to
use the Wells as specified herein, in the manner as allowed by the Well Permits as follows:
Jackson Well No. 2. Well Permit No. 263271 shall be owned jointly by Parcels I and 2
and may be used for 2 single family residences on Parcel I and 1 single family residence on
Parcel 2. Parcel 1 shall be allowed irrigation of 10,000 square feet of lawn and garden and
Parcel 2 shall be allowed 5,000 feet of irrigation. Both Parcels may use the well for the watering
of animals as allowed herein. Additional irrigation may be allowed if the well produces
sufficient amounts such that it does not affect the pumping rate, drawdown or capacity of the
well and the pump.
10/1?/2005 MON 12:25 FAtr
' Sreinton Dxenrplion
Covenants
puge 2
0ooyoos
Jackson Well No..3. Well PemritNo. 253272 shalt bc jointly ownEd by Parcels 3 and 4
and may be trsed for one single family dwelling on Parccl 3 with 5,000 square feet of inigation
and for2 single family residences on Parcel 4 with 10,000 square feet of irrigation, Both Parccls
may use the well for the watet'ing of aninrals as allowed herein. Additional inigation may be
allowed if the wcll produces sufficient amounts such that it docs not alfect the pumping rate,
drawdown or capacity of the wcll and the pump.
2. Water Systcm Dasements, All partics shall have an casement to access thc well
they co-own and all puntphouses, storage tanks, pipelines, and othcr workings associatcd with
the delivery of potable water to each propcrly lbr reasonable operation and maintenance
purposcs. Such easement shall be tweuty (20) feet in diamctcr surrounding thc well, l0 feet from
all sides ofany storagc tank and 20 fcet, l0 feet either side ol'oenterline, ofany and all pipelincs
as are installed and in place. In the event that any gates, well houses, or other parts of thc wcll,
storage tank and pipelines and its appurtenances are locked for sccurity purposes, all owners
shall be provided with a kcy and shall not otherwise be restricted :ftom access. 1'he reciprocal
easemcnts granted hercin shall be for thc benelit of thc two parcels using said well only, Thc
parccl owrrcrs slull only have access to the well and walerline for operation, rnaiutenance, repair,
and replacemcnt of the well, pump, pipelines, storagc tanl< and appurrcnanl I'acilities and shall not
use thjs easemcnt for any purposc tuuclatecl thereto.
3. Wcll Rights Appurtcnant to thc Property. No right of usc or interest in the
well shallbe transferred apart from the parcels ideutified herein. All parcel owners connected to
thc well shall also co-own the well permit, ptunps, pipelines and storagc tanks and any othcr
appu(enant facilitics installed for their joint benefit. Copies of all such mail and documcntation
shall be prornptly provided to other parcel owncr using the wcll, or made available for review at
the oonvenicnce of said other parcel owrer,
4, Watcring of Domcstic Animals. Use of water tbr animats is allowed howevcr
such use shall be accomplished in a conservationist manner (e,g. watm shall not be allowcd to
run continuously), If any stock tanks or watering trouglrs are used, such troughs shall bc filled
no more than twice pet day and shall be heated if uscd in thc wintcrtime.
5. Watcr Treatment. The parcel owners shall be aware that well water is not
sub.icct to state water treatment regulations, and thercfore use of water is at each parcel owner's
risk, Any treatnent shall be at the option of each individual parcel owner.
6. Repnir of Water System. In the cvent that any maintenauce, repair, replacement
or improvement is necessary to continue watcr service and cannot be agreed upon in a timely
manner then any co-owner of the well shall be entitled to undertake any maintenance, repair,
replacement or improvement nccessary and essential to allow continued watcr service. In ttre
event tlnt any parcel owner decides to undcrtake any such work absent thc consent ofany other
parcel owner, lte/she shall notify the other parcel owncr in writing. The parcel owner undertaking
the work shall, upon conrpletion, provide the other parcel owner with a vwitten statement of the
work performed including all receipts for work pcrformed and an allocation of cach other parcel
Stointon-Covcnanu
10/17/2005 tr[ON 12:26 FAI
Stainton Exemption
Covenants
Page 3
owner's share of the costs, In the event that cmergency repairs are required, beforc undertaking
any such work each parccl owner will attempt to contact thc other paroel owner by phone prior to
incuning any expenscs for such repairs. Bills for etnergcncy repairs shall bc allocated anrong tle
parce) owuers in the nranner set forth below lbr paymcnt ol'joint expcnscs.
7. In-house uses preferred; no waste. In-house usc of water from the Well shall
take prccedenoe over usc of water for irigation or livestock animals. In the event of a shortage,
both parcel olvtters shall cooperatc and shall reduce thcir uses accordingly to conseTve water. No
parcel owner shallbe entitlcd to waste water, and each parcel otyt/ner shall exercise pmdencc and
conscrvalion iu the use of water in order to allow for the efficicnt and beneficial use of the Well.
8. Operotion and Maintensnoc Expenses. The two parccl owners served by thc
well shall cach pay their pro-rata share of the costs ol'maintenancc, operation, electricity, rcpair,
and replaccment of the wcll, pump(s) and appurterrant facilitics, common water lincs and all
other commou water facilities. To the extent praclicable, thc use ol'electricicy shall bc monitored
via a separate metcr or an "hour metcr" to be attachcd to the electrical linc to the well pump.
Such meter will allow records to be kept of elcctrical consrunption cach year. If any Parcel is not
hooked onto the Well, thc owner(s) of such property shall not bc obligated to contributc towards
daily operational expenscs, but shall be responsible for all rcpair arrd replacement costs. If any
Parccl is hooked onto the well but has not yet commenccd service, no electricity costs shall be
assessed against that party. In addition. cach parcel ownff shall be exclusively responsible for thc
costs of installation, operation, repair or replacemcnt of any facilities used solely by that parcel,
irtcluding individual service lines and any individual storage tanks. If a separate hour mcter is not
oonnected to the well to measure the electricity usage then each co-owner shall pay for thc cost o[
electricity e$timating thc annual costs based upon the previous years electrical costs for the well.
'lhe parcel owner who i.s not oonnected to the elect'ical meter lbr the well shall pay its share of thc
electricity on a bi-annual b;uis to the parcel owner who is responsible for the payment of electricity
l'or the wellpump. Such amount sha.ll be paid in June and December of each year,
9. Collection of Joint Dxpenses. Any parccl owner who incurs cxpenses associated
with the well that arc to be shared with another parcel owner shall levy and collect (iorn the othcr
parcel owner his/her share of colnmon cxpenses for thc well. electricity, mainteriance and repair
exPenses, or othcr conlmon expenscs withiu fifteen (15) days from thc time at which a writtcn
statemeut of cxpenses is prescntcd for payurent by the parcel owncr who incurred said cxpenses.
In the cvcnt that any parccl owner lbils to pay his/her sharc of cornmon expenscs within thirty
(30) days of presentment of a statement, intmest on the unpaid amount shall accrue at the rate of
eightecn percent (18%) por annurr, beginning thirty (30) days after prescntment. In the event that
any patcel owner fails to pay any amourt due, including any accrucd interest, wittrin six months
fronr the date of Preseutment for paymeut, water service to the delinquent Parcel may be
discontinued. Howevet, notice shall first be given to the non-compliant party by certified mail
sent no less than thirty (30) days prior to terminalion of service to the last known address of the
delinquent parcel oluler. Any parcel owncr that has paid the delinquent parcel owners share of
costs and expenses shall be entitled to pursue any rcmedy availablc at law or in equity for a
brcach o[ this Agreenrent. Reasonable attorneys' fees and costs incuned by any party in the
@ooyoog
Strinton'Covrnants
10/1'7l2005 l[ON 12:26 MI
Stainton Dxernption
Covenants
Pagc 4
process of collccting any amount due from any another paroel owner pursuant to the terms of this
Declaration shall be paid by the delingucnt parcel owner.
II, SHARED DRIVEWAY
APPLIDS TO PARCELS 3 AND 4 ONLY
l. Shared l)rivcway Parcels 3 and 4. Ptucels 3 aud 4 shall share in the use of a
driveway. Such shared driveway is shown on the fiual plat and is labeled access for Parcels 3
an! 4 The two parccl owners shall share in thc cxpenses of maintenance of said driveway
including but not limited to snowplowing, dust conrol and grading on an equal basis for thit
portion of thc driveway tirat is used ,iointly. The balance of the access way ov91 and across
Parccl 3 that is solely used by Parccl Four shall be the solc rcsponsibility ofParcel 4.
2. Collectiou of Joint Expcnscs. Any parcel olvner who incurs cxpenses associated
with rhe shared portion of the driveway shall lcvy arrd collect from thc other parcel owner his/
her sharc of common expenses for thc Shared Driveway, rnaintenance and repair expenses, or
othcr comnrou expeRses within fifteen (15) days from the tirrre at which a writtcn sratcment of
exPenses is presented for payment by the parcel owner wfio incurrEd said expenses, In the event
tlrat any parcel owncr fails to pay his/her sharc of conlnton expenses wirhin thirty (30) days of
presentment of a statement, interest on thc unpaid amount shall accrue at the rate of eighteen
percert (180/o) per annum, beginning thirty (30) days after presentment. In the event th;l any
parcel owner l'ails to pay any amount due, inoluding any accrued interest, within six months from
tle dllg of presentment for payment, the parcel owncr who incurred the joint cxpense shall have
thc ability to lile a lien on thc property of the othcr Parcel owner. I-Iowcvcr, nnii"e shall first be
given to the non-comPliant parcel owner by ccrtified mail sent no lcss than thirty (30) days prior
to a lien being filcd to the last known address ol'the delinqucnt parcel owner. The paying parcel
owller shall also be entitled to pursue any remedy avai.lable ar iaw or in equity for a Urlicn of
this Agrccment. Reasonable attorneys' lees and costs incurrcd by any party in the process of
collccting arry amount duc from any other parccl owner pursuant to thc leinrs o('this Declaration
shall be paid by the dclinquent parcel owncr.
ilI RESTRICTIVE COVENANTS
APPLIES TO ALL PARCELS
l. Residential use. The Properly and all fou parce.ls are to be developed ancl used
for residential purposes as set l:orth herein only.
2. Buildings Allowerl No more than one (l) detached single,family dwelling and
one (l) additional dwelling unit shall be erectcd upon each of parcils I and 4, "*..pt fo,
accessory buildings and structrues such as, but not lirnited to, barns, sheds and garages. Parcels
2 and 3 shall have no morc than one single family residence and accessory oot buildings and
structurcs such as, but not limited to, barns, garages iurd shcds. Parcels I and 4 shall be required
to obtain the prior apptoval of Garficld County and conrply with all of Garfieirl County,s
resolutions before a second or additional unit may be constructed on such parcels.
0oouoog
StaiIton-CovcntnE
10/liil2005 ilON 12:26 FAX
Stainton Excmption
Covenants
Page 5
3. Commercial Uses. No building or structure intended for or adaptcd to
commercial, or manufacturing purposos shall be erected, constructed, placed, maintained or
permitted on any Parcel, othcr than for use as a home occupation as allowed herein and by thc
Carfield County Rcsolutions.
4. Home Occupntions. Home occupations or home busincsscs which comply with
Garficld County regulations shall be allowed. I'lowever, such home occupations shall be limited
to thc following restrictions: (1) only those persons living on the Property and one additional
person sball be allowed to work in the home business on the property; (2) no substantial
additional haffio shall be generated (assuming that one single family residence generates ten car
Lrips per day a substantial iucrease is defined as more than a 50% increase on the avcrage) (3) no
additional noise shall be gcncratcd which alil'ects the other Parcels on thc Property; and (a) all
macliinery, equipment, materiats and other business items shall be stored away from view in a
either a screcncd area or parked such that it is not visible to the other Parcels or to the VHS
Property.
5. Buildings not allowed. No structure shall be placed or erected and occupicd for
residential or caretalcer use upon any Parccl which is, ever has been, or could be madc thc subjcct
of a specific ownership tax as now dcfined in Title 42 of the Colorado Rcvised Statutes (a
Mobile Home), nor shall structurcs constructed in the fashion and manner as mobile homes be
permitted on any Parcel.
6. Minimum Size. The minimum size of any primary residential structure erected on
a Parcel shall be not loss than one thousand two hundred (1,200) square fcet measured on the
outside foundation walls, exclusive e6or.n porchcs, garages, and oarports.
7. Height restriction The residcnces and outbuildings to be constructed shall be
restricted in hcight accordiug to ttre Resolulions ol'Garfield County and filrther as follows:
Parccl l, two (2) story resideuce with basenrent, Parcel 2 is limitcd to a one (l) story with
bascment, Parcel three (3) is limited to the heiglrt of the stnrchue currently built and in place and
Parcel four (4) is linrited to 2 storics with basement. Thcsc restictions are meant to restriet thc
hcight of buildings to restrict thc visual impact on the othcr parcels on the property and the VHS
proPerty located across County Road 1 17. To construct a one or two story building that is
actually higher than a typical orre or two story building will violate this restriction
acknowledging that a vaulted ceiling to some extcnt may be allowed, This rcstriction may be
modifred allowing for buildings to be lower or higher than as set forth hercin to ensure that a
typical one or two story building can be erectcd but tlrat such building is not made nrore visible
to the adjoining VHS property ttran a fairly typical building of that number of stories would be to
be determincd on a case by case basis. 1hc building plans and building permit shall be submitted
to VI{S and the other parcel owners prior to commencemcnt of building to ensure compliance
with the spirit of tlris restriction which is to enswe that ttrc buildings built on rhese lots arc nor
made conspicuously visible and obtrusive to VHS. Thc height of struotwes shall bc limited so as
not to Protrude upward abovc the natural landscaping and conlour of the building envelope.
0 ooyoos
$juinton-Covcnanls
10/17/2005 MON 12:26 FAX 0 oooloos
Stainlon Exemprion
Covpnants
Page 6
8- Buildings. All buildings shall be constructed so as to blend into the natural
envirorunent and to be as unobtrusive as possible to the other Parccls and VHS. Structlres shall
be of a color that is similar to the sunorrnding vcgetation and earth. Alt exterior lighting sh.ll be
directed downward and inwarcl towards the interior of any parcel on the properfy and fight shall
not be allowed to shine directly away from the Parcel onio-another Parcel oi ttri VUS property.
Elerior lighting shall be mininral. Skylights shall not allow light to emanate from the interior at
night in a manner which is visiblc to the othcr parcels.
9- Wildfire. All extcrior shells of all new structurcs shall be made of non
combustible building materials with a non combustible class A roof. The existing srruclure is
required to re-roof the structure with a non combustiblc class A roof nraterial, when re-roofing is
undertaken by said Parcel owner, BEfore obtaining a building permit all parcels must present a
wildfire hazard fuels mitigation plan to the Glcnwota Spriogr nire Department for approval.
10. Fire Supprcssion. An automatic fire suppression system is rcquircd in all new
buildings that are 2,500 square feet in size or larger. Foi iprinHe..d buildingr, u Kno, lcey box
(or similar approved device) shall be installed on the structurc near the l'ront e-ntia,ce, order form
available at the Glenwood Springs Fite Department.
I l. No Resubdivision. No Piucel shalt bc subdivided or split into smaller parcels or
traots' Boundary linc adjustments which do not rcsulr in the creation of additional parccls shall
not constituts re-subdivi sion.
12- Open Hcorth Solid Fuel Fireptnces Rcstriction. No opcn hearth solid-luel
fireplaccs will be allowed. One (1) ncw solid burning stove as defined by section 25-7-401 et.
scq., C.R.S. 1973 as arneuded, and the regu)ations promulgatcd there under will be allowed in
any dwelling unit. All dwelling units may have an unrestrictcd number of natwal gas burning
stoves and appliances.
13. Dogs. Only I dog shall be allowcd per Parcel pursuant to rhe rcgujrcmonts of
Garfield County, In the event tlrat Garfield County .n',.nd, such requir.*.nt to be less
restrictive then the lcss rcstrictive standard shall apply, Dogs shall be containcd within the
Parcel it resides on and shall not be allowed to roim at largi off of saicl parcel without the
permission of the other-parcel.o!urer. Dogs shall not be altwed to bark continuously for aperiod of 20 nrinutes or longer in a mzuurer which would annoy thc other parcel owners. Should
ttrere be a violation of this provision the offeuding parcel owner shall first be contacted and
providcd with an opporturity to curc the ptoblem Uiftre any enforcemenl action is taken. The
othcr parcel olvners shall have thc ability ;urd right to rcquire rhat any parcel owner that violates
the restriction on having only one dog be compclled to remove ott iaaitionrl dogs from the
property after being provided with a thirty day notice senr by certified mail.
14. Nuisance Trnsh, Junk and Food Products, Each Parcel owner shall keep his
Parcel clear and free of pet waste, rubbish, trash, junk, plant littcr and debris, anti shall keep the
structures thercon in good repair. Trash shallbe stored in bear proof receptacies at all times, No
Parcel orvrrer shall allow food products of any kind to remain itorcd in or about tlc property in
Stainton-C0vcnuts
10/t7l2005 MON 12:2i FAX
Srsinton Exemption
Covcnants
Pagc 7
0oouoos
any location which would attract wildtife. Animals shall be cared for by the parcel owner in a
manner which does not create a nuisance or any disnubance tbat is overly burdensome to the
neighboring parcel owners. Such nuisancc or di-sturbances include but are not limited to
rocuffent noise, oflbnsive smells or odors, destruction of natural landscaping or habitat which
rcsults in run off, dust or aesthetic degradation of the propenies.
15. Control of Wceds. AII wccds and other plant growth shall bc kopt controlled and
elirninated to comply with thc Noxious Weed Plan filed with Garfield County and approved
thereby in the final approval documents approving the exemption subdivision on file with
Garfield County regarding noxious weeds and in compliance with all state and local weed
control requirements.
16. Nuisanccs, No noxious or offensive couduct or activity shall be canied on upon
any Parcel or iu any structure thcrcon which may conslitute a health hazard, nuisance or
annoyance to other Parcel owners and inhabitants.
17. Screening Requiremcnt. All unsightly structures, facilities, equipment, objects
and conditions shall be enclosed within a scrcencd area, including snow removal equipment,
gardeu and maintenancc equipment, except when in actual use.
18. Cormmercial Vchiclcs. No tJactot-trailer, iudustrial or commercial vehicle,
disabled, junk, untegistered or abandoned vchicles shall be parked or stored in, on or about any
Parcel, cxcept within an enclosed structwe or screened area, or in an area that is not readily
visiblc to the neighboring Parcels or to the VHS properfy for a pcriod longer than 120 days.
19. Signs. No parcel owrrer shall put up or display a sign on their lot for any purpose
except that lot owners may display a "For Sale" sign in the event that ttrey arc offering their
property for sale. Any for salc sign shall not be largcr than 4 l'eet by 4 feet in sizc and only one
such sigu is allowed pcr parcel.
20. Recrentionnl Vchicles. All boats, campers (on or off supporting vehicles),
recreational trailers, snowmobiles, ATV or other recreational cryripment shall be slored on any
Parcel within a screcned area or within an area that is not visible to tlre other Parcels or visiblc to
thc neighhoring property owncd by VHS. This requircmcnt shall not apply to the parking of such
machines during those recreational seasons that such vchicles are in use
21. Enforccment. l'hc owner of any Parccl or Parcels within Stainton Subdivision, or
any portiou thereof, and thc owner of the VHS properly shall have thc right to prosecute auy
action for injunctivc reliefand lbr darnages by reason ofany violation or threatened violation of
this Declaration. The prevailing party in any such action shall be entitled to an award of its
reasonable costs and a[onreys' fees, which shall be dccmed to have accn:ed on thc
commenccment o[ such action and shall be enforceablc whether such action is prosecuted to
judgment or not.
Surnton-Covcnnnts
10i 17/2005 MON 12:27 FAI 0ooyoog
Stainton Exemption
Covenants
Page E
22' Pubtic Rights of Way. Nothing in this Dcclaration shall be construed or deemedto be a gifl or dedication ol gy Parccl, portion of a Parccl, or privare roadway for any public usewltatsoever. There is 3o flgh19{*v pe.roo to rnake any use whatsoever of the private roadwaydesffibed and depicted on Exhibit A, otlier than as providetl in this Declaration.
- 23. Utility easemcnts. There shall be a utility eascnlent over and across all of theParcels to allow any one parcel owner to obtain utilities iuch as gas, clccrricity, cable TV andtelephonc' Until the utilities are installed, this utility easement's location shail be unspecific,however the location shall recognize that the area lbr tuilding stmctures is minimal on Lots I,2and 3 alrd the location of utility easoments shall be donc onl"y aftcr consulting with the affectedParcel owners and attemptitlg to come to agrcernent. l'he plicemcnt of utilitics shall nor unclulyintcrfere with the buildin-g of principa) struclures on any iarcel. once thc utilities arc acceptedand constructed and in place then tlie utility easement shtu be considered to be fixed and thereshall be no riglrt to relocate that easement after that time.
24' Amendrncnt. This Declaration may not be niodificd, amendcd, rescinded,caucellcd or terminated, in whole or in pafi, cxcept upon the witten consent of three of theParcel owrers and the.owner of thc VHS property-with respect to palagraphs 2 tkough 2l ofSection III only. with respect to those prouision, whic( apply only to nunrbered parcelsamcndmeuts may be made with rhe consent of three of thc four parccl o*ners affectedenumerated hcrein. Such consent shall not be urueasonably withheld by any owrer and shall besct lbrth in a written instrument recordecl in the office ofthe Cterk and Recorder for GarfieldCounty, Colorado.
25' Term- Unless otherwisc cancellecl and/or terminated in accordancc with the termsofthis Declaration and any ameudments hereto, it shall rcmain in effcct in perpctuity.
26' Validity Thc invalidation of any portion of this Declaration by judgment, courtorder or otherwise shall uot aflbct thc validity oi.ny of thc other provisions herein.
27' Headings The headings for the paragraphs herein are for reference only and arenot part of' and shall not define, limit, amplify, oh*g" or alter any term, covenant or conditionherein'. For the purposes of this Declaratiori, thc-neuter g.nd* includes the feminine ornrasculinc, and the singular number includes the plural, and thJ word "person', includes a nanual
qeJs$ as well as any legal.and/or statutory entity. No failure to enforce any right establishcd inthis Dcclaration shall be deemed a waivir of a subsequent enforcement of iuch right. Thisdeclaration shall be constmcd so as to give validiry 1o all of irs provisions.
78. Additional bcncficiary' Thc provisions of paragraphs numbered 2 through 24,
Section III are adoptcd for the bencfit of the Farcel owners L *itt as the VHs properry and anyamcndment thereto shall be agreed to by the owrer of the vl{s properry as well as owners ofthree ofthe four Parccls
IN wlTNESs WHEREOF, the undersigncd Declarant have executed this Declaration ofDeclaration, conditions and Restriotions on the clate first written above .
Stainton-Orv!nnDts
' .10/11t2005 ilON 12:27 FAI 0 oostoos
Stainton Exemption
Covenants
Page 9
PETER STAINTON
By
STATEOFCOLORADO )
) ss.
COT'NTYOF CARFIELD )
+<-
Acknowledged, subscribed, and sworn to belore me thjs ll' doy of Ootober, 2005, by
Peter Stainton,
WITNESS my hand and ofFrcial seal. My Commission expires:cililtssil E)(PIRE$ t1fiflNt
N:#:ft
i<c-:
i.Pu a uto.",L. .A
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Stainton-Covcnnnts
Oct 03 2OOS 4z29Pt'1
Oct. O{ O5 ll:5la
Oct O3 2OOS I I :SSRlt
COLLINS LFILJ PC
Vir6inis Strinton
COLLIHS LRU PC
s?os45 1 02S
303 -*99 -Z+54
970s/r5l oas
p- 1
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VirginiaStri*o
313 PoxtailCort
Eouldcr, CO 803Os
octobc'3,2ofti
lrfr. Ri€had lVbcdcr
GlrEctd CourtyBuitding & Pktning
tol th Sblot
dcnc/ood SpriDgF, CO 8 I 601
DcrrMr. trYhclcr
t havc rwicwcd gs [rrE,.t l[ lctter ftoo|l ]vt, BigEErs rcgErdiog 6c SEinon
Etrcopti<n I1 ir rny uudcrutanding that srlbscquat io thgt lctlcr, Mr. Collirs mct s'ift
lvlr. Biggrrs and agrccd tbrt Argprrru nrould cornmit lo iustellhgtwo dry-hydraru rrd
will conslbr I ihird if an agrreoeof is Eac,hodbetu/ecn Argonaut end the o*,nerofthe
watcr in lbc uppa ponds (which wero ialcntifiod during Mr- Biggcrr' inspaction). I dso
rgw that one of lbs hydrants shill bc installod pri or to rbove-surfacc coottruction oE
.ny otlh creoDtion lots.
Vcry truly purs,
t
C: RouBigrrs
Q q s.8S 06
POrI B-O3-S5 1 5: 86 TO:CLENWOOD FIRE DEPT FROM:97O9451029
JOHN C. COLLINS, P.C.
Attorney at Law RECEXVED
sEP 0 I 200hit"r*"1ffiH,;:il1:*
GARI:lijl L, .,' ' ",rl'lTY P.O. Box 664
BUlltilitc & PelthtllSfu Sprinss. Colorado 81602
Phone: 970-945-2077
Fax: 970-945-1029
Email: collinslawpc@cs.com
September 8,2005
Mr. Richard Wheeler
GARCO Building and Planning
Re: Stainton final plat (Jackson property)
Dear Richard:
Ron Biggers (fire) and Steve Anthony (weeds) were up to see the property. They each stated that
they would write to you (Anthony via email) to confirm the same and to indicate that we have
confirmed mitigation plans.
Attached hereto please find our final plat and a letter from Richard Holub in regards to the spring
/ well. As I informed you earlier, we have been physically providing Ms. Jackson with water
since her well has gone dry. Most importantly, please remember that none of the 4 parcels will
be dependant on that well, which is why we drilled the 2 new wells on the north and south ends
of the plat.
This should complete your file! If not, please contact me at your earliest convenience.
Thank you again for your ongoing help with this project!
Very truly yours,
JOHN C. COLLINS, P.C.
C. Collins
I
August 30,2005
John Collins
P O Box 664
Glenwood Springs, CO 81602
Dear John,
The following is a recap of my meeting with you and John Shup last week on site at the
Jackson Ranch property and Argonaut Farms which is located to the west of the Jackson
Ranch across County Road 117. Below is a listing of fire protection issues we discussed
and how they will be resolved (noted in red). This list is a copy of the listing in my
review letter/comments on the Jackson Ranch sub-division sent to Garfield County
Senior Planner, Richard Wheeler on July 14,2005.
Before we can approve the fue protection water supply for the suMivision, a fire
protection water supply system needs to be designed and submitted to the Glenwood
Springs Fire Department for review and approval. The plan shall address the following:
Fire protection water supply: Water supply to come from ponds on Argonaut Farms
o Amount of water storage planned for subdivision The amount in three large year
round ponds on Argonaut Farm
o Layout of water distribution system: Dry lJydrants are to be installed in the three
large ponds. Design plans and specification for the hydrants shall be obtained
from Glenwood Springs Fire Department or designed by a professional engineer
specializing in fire protect water supply systems design and installation. Prior to
installing the hydrants the plans for them shall be approved by the Glenwood
Springs Fire Department. Plans for the system shall be approved and one of the
dry hydrants install before any new buildings above grade construction is
started.
o Location of Fire hydrants: Best access which is to be determined by designer,
Glenwood Springs Fire Department and Argonaut Farm owners/superintendent.
o Number and size of structures planned for each lot (the applicant gives the
number of residences but also mentions other out building may be built on each
lot) Parcel #l undetermined at this time; Parcel #2 One; Parcel #3 one existing
residence, existing out buildings, new undetermined; Parcel # one residence,
other undetermined
Access Roads:
o What me the location and size of access road/roads into and in suMivision? The
map with the application shows the one existing driveway that will serve parcels
3 and 4 and no access to parcels I and2. Layout and design of driveways to be
reviewed and approved by Glenwood Springs Fire Department prior to
construction.
Wildfire Hazardfuels:
o Some or all the lots may need to have wildfue hazafi fuels mitigation plan
designed and submitted to the fire departrnent for approval. Fire deparfinent
staffis available to access the site to determine if these plans are needed. The
existing residential structure on parcel 3 will need minimal mitigation. Structure
to be constructed on the other 3 parcels will need to a have wildfire hazard fuels
mitigation plans submitted to and approved by Glenrvood Springs Fire
Department prior to the start of construction and work completed before
obtaining a finial CO.
Installing automatic fire zuppression systems in buildings:
o An automatic fre suppression system will be required in all new building 1,000
(increase to 2,500 square feet) square feet or larger constructed in the
suMivision. By installing these systems the amount of external water storage for
fire suppression can be reduced. For sprinklers building a Knox key box shall be
installed on the structure near the front entrance. order form available at
Glenwood Fire Administration Office, 101 West 8th Street, Glenwood Springs.
New structures exterior shell construction materials:
The natural vegetation in this area is very combatable. We recommend the exterior shells
of the new structure be made of non-combustible building materials, with a non-
combustible class A roof. By combining this type of exterior building material and
wildfire hazard fuels mitigation around the structures they will be better equip to serye a
wildland fire.
If you have questions, please contact me. So we can clear them up before I send a copy of
the finial letter to Garfield County Planner, Rich Wheeler by September 8h\, 2005.
Sincerely,
Ronald L. Biggers
Fire Protection Analyst
10/17/2005 MON 12:17 FAI
Oct l5 OS lete?F Vir6inia Stainron
OcB 13 2O0E E:zSPil CoLLlNs LR!, PC
Soilh&,unu
0 ooyoor
303-,t99 -2454
9?09.05 t 029
p.l
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Striotor Jaclsol Exooption
Fi!! hotsction Agremeot
PrgcZ
STATEOFCOL0RAI)O )
) oe.
COIINTYOF GARFIELD )
Aclnowledgod, sutscribcd, urd srvsm to before mc this i.4 Oay of Oelobcr,
Pctq Stainton.
urd ofhciat scal. MyComnisrion otpilcs:
WIS, Liililcd Putrcrship
BY
STAIEOTCOLORADO )
) ss.
COTINIYOF BOUI.DER, )
Actoofledgo{ flbsofibo4 ard sworu to beftrc mo ihie !4 day of Octobar, 2005, by
Viryhir Stainmn for VHS, Limited Fathlrship, LLP.
WITNBSIS myhard and olficial csal. My Connission expires: 5/5,/e,oo
"*$#:k=3:'<r'>;E
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Notary Publi/
\
;.lv f.lrrrnrui;,,r iif lts 05/ll$t?007
My fiomrrnlion f roke 0S/0iAmI
10/17/2005 MON 12:17 FAI
Stainton Exemption
Covenants
Page 9
0 oollool
PETER STAINTON
By
STATEOFCOLORADO )
) ss.
coLINTY OF GAR_FTELD )
4<,'
Acknowledged, surbscribed, and swom to helbre me this lJ' duy of October, 2005. by
Peter Stainton.
WITNESS my hand and official seal. My Commission cxpires:cflilt$ffiil flflnE$ pfl2007
-..$\l.nU.9;.3n'r\orA R i $l-+:
i.lu u Lrq..l
laa;x
Stdnlort.Covcrmnts
RECEHVED
ocT 0 ,,1 2005
G;t fi F i r LD CLlli illTY
6UiLJii';S & FLAi',i',riNG
Date:
Nanre:
Company:
Phone #:
Fax #r
CAL0IA, HoUPT & HAMILToN, P.C.
1204 Cirand Avenue
Glenwood Springs, CO 81601
Telephone (970) 945-6067
Facsimile (97 0) 9 4s -6292
FAX CO\ER SIMET
,o/ es/o{rime:
Number ofpages to be
DOCUMENT:
luA.uJ\& @02,r-9YS-"?ES
4 d/4*\
(including cover page):O
REIvfARKS:
NOTE: If you enoourrter any difficutty in receiving the total numbu of pages indicated
above, PLEASE CAII (970) 94s'6067 AS SOON AS POSStsLE.
ORIGINAL SENT BY U.S. T{AIL: NO
TIIIS FACSIMtr,E TRANSMBSION IS STRICTLY CONFIDENTIAL A}ID INTEI{DED ONLY
FOR TIIE I}TDIVIDUAL OR ENTITY NAIvIED ABOVE. IF YOU IIA\IE RECEMED TTIIS
FACSIMtr"E TRAI{SMISSION IN ERROR, PI,EASE NOTIFY TIII.S OFFICE IMMEDIATELY
A}ID RETI.]RN THE TRANSMSSIO}T TO US AT T}IE ABOVE ADDRESS. TTIAM( YOU.
DECTARATION OF COYENANTS AND
WELL SHARING DECLARATION
THIS DECLARATION OF COVENANTS AND WELL SHARING DECLARATION
is made this _ day of October, 2005, by Peter Stainton the owner of the Property (refened to
herein as "Owner").
WITNESSETH:
WIIEREAS, Owuer owns the real property described on the attached Exhibit A which
has been divided into foru Parcels called the Sainton Exemption described at Receptiou No.
Garfield County Clerk and Recorder; and
WHEREAS, the Parcels are designated as Parcels 1 through 4; and
WHEREAS, there are two new wells (hereinafter "Wells') located within the
subdivision to be used for the four Parcels and a shariqg agreement is uecessary; aud
WHEREAS, there is one shared driveway for Parcels 3 and 4; and
NOW, TI{EREFORE, the parties hereby declare ttrat the Property and Wells are subjcct
to the following restictions, covetratrts and conditions.
This Declaration shall run with and butden the land described in Exhibit A and refened
to herein as ttre Stainton Exemption, and shall be binding upon all persons ot euflties having any
right, title or iutercst in atl or any portion of the Parcels therein, including Declaranq his
sueces$or$, assigns, descendants, tena.uts, and heirs. This Declaration shall inure to and are
imposed for the benefit of aIl present and future owner$ of the Stainton Parcels I ttuough 4 and
for the benefit of the property located directly west of the Property and on thg rnrest side of
County Road ltZ located.in Section 22, Township 7 South, Range 89 West, 6* P.M-, which
property is now owned by YHS, Limited Partnership, LLLP @ereinaftu
(t!T{S" q1 "VHS
property").
I. WELL SHARING
APPLIES TO ALL PARCELS
l. Wells end Weter Supply. Each parcel owner of the property shail be entitled to
use the Wells as specified herein, in the manner as allowed by the Well Pennits as follows:
Jackson Well No. 2- Well Pemrit No. 263271 shall be owned jointly by Parcels I and 2
and may be r-ued for 2 singte family residences on Parcel 1 and 1 single family residence on
Parcel 2. Parcel I shall be allowed irrigation of 5,000 squaxe feet of larryn and garden and Parcel
2 shall be allowed 5,000 feet of inigation. Bottr Parcels may use the well for the water-mg of
animals as allowed herein. Additional inigation may be allowed if the well produces suffi,cient
amounts such that it does not affect the pumping rate, drawdorvn or capacity of the well and the
pump.
Stainton{ovenaflts
$tainton Exemption
Covcnafits
Page2
Jackson Well No. 3. Sell Permit No. 263272 shall be jointly owned by Parcels 3 and 4
*d *uy U. *.a for one single family dwelling on Parcei 3 with 5,000 square feet of inigation
and for 2 single fagily residences on Parcel 4 with 10,000 square feet of irrigation. Both Parcels
may use the well for the watering of ammals as allowed herein. Additional irrigation may be
allowed if the well produces sufficient amounts such that it does not affect the pumping rate,
drawdown or capacity of the well and the pump'
2. Water System Easements. All parties shall have an easement to acoess the well
they co-own and all pnmphouses, storage tanks, pipelines, and other vrorkings associated with
the delivery of potable water to each property for reasonable operation and maiutenance
pwposes. Such ea.sement shall be tweuty (20) feet in diameter sunoundmg the well, l0 feet frotu
all iides of any storage tank and 20 feet, l0 feet either side of centerline, of any and all pipelines
as are inshlled and in place. In the ovent that any gates, well. horues, 0r Other parts of the well,
storage tank and pipelines and its appurtenances are locked for security purposes, all owners
shall be provided with a key and strall not otherwise be resticted from access. The reciprocal
eusemenis granted herein shall be for the benefit of the two parcels using said well only. The
parcel on*.6 shall only have access to the well and waterline for operation, maintenance, repair,
and replacement of the well, pump, pipelines, storage tank and appurtenant facilities and shall not
use this eas€ment for any Puxpose urrelated thereto-
3. WeU Rights Appurtenant to the Property. No right of use or interest in the
weli shall be transferred apart hom the parcels ideutified herein. All parcel owneffi connected to
the well shall also co-oum the well permit, pumps, pipelures and storage tanks and any other
appurtenant facilities installed for their joint benefit. Copies of all such mail and documentation
siitt Ur promptly provided to other parcei owner using the well, or made available for review at
the convenience of said other parcel owner.
4. Watenug of Domestrc Animals, Use of water for animals is allowed however
such use shall be aocomplishod in a conservationist manner (e.g. water shall not be allowed to
nm continuously). If any stock taaks or watering troughs are used, such troughs shall be filled
no more than twice per day and shall be heated if used in the wintertime.
5. \ilater Treatment. The parcel owners shall be aware that well water is not
subject to state water treatment regulations, and therefore use of water is at each parcel owner's
risk. Any teatment shall be at the option of each individual parcei owrle(.
6- Repair of Weter System. lu the event that any maintenance, repair, replacemeot
or improvement is necessary to continue water servioe and cannot be agreed upon in a timely
m.nnir then any co-owner of the well shall be entitled to undertake any maintetrance, repair,
replacement or improvement necessary and essential to allow continued water seryice. In thc
event that any parcel owner decides to undertake any such work absetrt the consent of any other
parcel owner, [e/she shatl notiff the other parcel owner rn urritiug. The parcel owrer undertaking
the work shall, upon completion, provide the other patcel oumer with a written statement of the
work per{ormed including all receipts for work performed and an allocation of each other parcel
S$ifikh-CovrnanB
Stainton Exemfiion
Covenants
Pase 3
owner,s share of ttre costs, In the event that emergency repairs are required, bgfore- rrudertaking
uny r1rctr work eaoh parcel owner will. attempt to contaot the other parcel owner by phone pnor to
incgning *y
"*penius
for such repairs. Bilis for emergency repairs shall be allocated among the
parcel ooun.o in-the manner set forttr below for payment ofjoint exPenses'
7. In-house uses preferred; no weste. In-horse use of water from the Well shall
take precedence over r-rse of witer for inigation or livestock animals. In the event of a shortage,
both paroel owners shall cooperate and shall reduce their uses accordingly to conserve water' No
p*.j owner shall be entitled to waste water, and each parcelowner shall exercise prudence and
conservation in the use of water in order to allow for the efficient and boneficial rse of the well'
g. Operation and Maintehance Expenses. The traro parcel olryners served by the
well shall each pay tlrir pro-*t share of the costs of maintenance, operatiot, electicity, repair,
and replace**t of *re iell, prunpft) aud apprutenant facilities, comluon water lines and all'
other common water facilities. To the extent practicable, the use of electricity shall be monitored
via a separate meter or an "horu meter" to 6e attached to the electioal line to the well pllmP'
Such meter will altow records to be kept of electical consumption each year. If any Parcel is not
hooked onto the Well, the oumer(s) of such property shall noi be obligated to contribute towards
daily operational opurr.r, Uut siratt be responsible for all repair and replacement costs. If any
parcel is hooked onio the well but has not yet commenced service, no eiectricity costs shall be
assessed against that party. In addition, eaclrparcel owler shall be exclusively responsible for the
costs of installation, opeiation, repalr or ruplu.*ment of any facilities rued solely by that parcel,
including individual service lines ana any individual storage tanks. If a separate horu meter is not
connected to the well to measlue the electicity usage then each co-owter shalt pay for the cost of
eleckicity estimating the annual cos$ based upon the previous years electical costs for the well-
fne parclt owner oilo ir not connected to the ilecuica meter for the well slrall pay its share of the
electicity on a bi-annual basis to the parcel ownff who is responsible for the paym.ent of electricity
for the well pump. Such amount shall be paid in June and December of each year.
g. Collection of Joint Expenses. Any parcel owner who incurs experues associated
with the weli that are to be shared with +nother parcel oluter shall lsvy and collect from the other
parcel owner hisiher share of common expeffes for the well, electricity, maintenailce and repair
i*p.nr.r, or other coflrmotr expenses within fifteen (15) days from the time at which a witten
statement of expenses is presented for paSrrrent by the parcel owler who incurred said expenses-
In the event that any parcel owner fails to pay hisiher share of common expenses within thirty
(30) days of presentrment of a statemen! intirest on the unpaid arnount shall accrue at the rate of
"igtt "o
percent (lS%)per annuln, beginning thirty (30) days after presentmeflt P tlru event that
,ny par.ut ovurler fails-to pay any amount due, including any accrued interest, within six months
tom ttre date of pnesentnent for payment, water service to the delinquent Parcel may be
discontinued, Howiver, notice shall-fiist be given to the non-compliant party by certified mail
sent no iess than thirfy (30) days pnor to termination of sewice to the last known addross of the
delinquent parocl o*r,.ri. Any parcel owner that has paid the delinquent parcel owllcrs share of
costs and
"xpens"s
shall be entitled to prusue any romedy available at law or in eguity_ fo1 t
breach of this Agreement. Reasonable'attorneys' fees and costs incurred by any party in the
Stginton4ovcnalls
$tainton Exemption
Covenants
Page 4
pr6ces$ of collecting any amount due from any another paroel olyller pursuant to the terms of this
Declaration shall be paid by the deliuquent parcel owner'
II. SHARED DRTVEWAY
APPLIES TO PARCELS 3 AI\ID 4 OI{LY
L shared Driveway Parcels 3 and 4. Parcels 3 and a shall share in the use of a
driveway. Such shared driveway is shown on the final plat and is labeled access for Parcels 3
and 4. The two parcel owners shall share in the expenses of maintenance of said driveway
including but not ii*it*a to snowpiowing, dust contol and grading on an equal basis for that
portion of the driveway that is used jointly. The balance of the access way over and across
Parcel 3 that is solely used by Parcel Four shall be the sole responsibility of Parcel 4'
2. Collection of Joiut Expenses. Any parcel ownff who incurs expenses associated
with the shared poilton of the driveway shall levy and collect from the other parcel owner his/
her share of common expenses for the Shared Driveway, maintenance and repair expenses' or
other common expenses within fifteen (15) days from the time at which a written statement of
expenses is presented for payment by the parcel owner who incr:rred said expenses. ln the event
that any parcel owrer fails to pay his/her share of conuron expenses within thirfy (30) days of
presentr:nint of a statement, interest on the unpaid amount shall accrue at the rate of eighteen
percent (18%) per annum, beginning thirty (30) days after presentment. In the event that any
parcel owner fails to pay any amount due, including any accrued interes! within six months from
the date of presenfinent for paymenl the parcel owner who incurred the joint expense shall have
the ability io file a lien on the property of the other Parcei owner- However, notice shall first be
given to the non-compliant parcel owner by certified mail sent no less than thirty (30) days prior
to a lien being filed to the list known address of the delinquent parcel owtrer- The paying parcel
owrer shall also be errtitled to pursue any remedy available at law or in equity for a breach of
this Agreement- Reasonable attomeys' fees and costs inorured by any party rn the process of
collecting any amount due tom aoy other parcel owner pursuant to the terms of this Declaration
shall be paid by the delinquent parcel owner.
III RESTRICTTVE COVENAI\TS
APPLIES TO ALL PARCELS
t, Residential use. The Property and all four parcels are to be developed and used
for residential purposes as set forth herein only.
2. Buildings Allowed No more than one (1) detached single-family dwelling and
one (1) additional dwelling unit shall be erected upon each of Parceis I and 4, except for
accessory buildines and structrues such as, but aot limited to, barns, sheds and garages. Parcels
Stainton Exemption
Covenants
Page 5
3. Commercial Uses. No building or stuctuTe intended for or adapted to
commercial, or manufachrring purposes shall be erected, constucted, placed, maintained or
permitted on any Parcel, other than for use as a home occupation as allowed herein and by the
Garfield County Re solutions.
4. Home Occupations- Home occupations or home businesses which comply with
Garfield County regulations shall be allowed. However, such home occupations shall be limited
to the following reskiotions: (1) only those persons living on the Property and one additional
person shall be allowed to work in the home business on the property; (2) no substantial
additional traffic shall be generated (assuming that one siugle family residence generates ten car
trips per day a substantial increase is defined as more than a 50% inmease on the average) (3) no
additional noise shall be generated which affects the other Parcels on the Property; and (a) ail
machinery, equipment, materials and other business items shall be stored away from view in a
either a screened area or parked such that it is not visible to the other Parcels or to the VHS
Property.
5. Buildings not allowed. No struchue shall be placed or erected and occupied for
residential or caretaker use upon any Parcel which is, ever has been, or could be made the subject
of a specific, ownership tax as now defined in Title qZ of the Colorado Revised Statutes (a
Mobile Home), nor shall stmctures constrrcted in the fashion and manaer as mobile homes be
pemritted on atry Parcel.
6. Minimum Size. The minimum size of any primary residerrtial structure erected on
a Parcel shall be not less than one thousand two hundred (1,200) square feet measued on the
outside foundation walls, exclusive of open porches, gamges, and carports.
7. Height restrictiou The residences and outbuildings to be con$tructed shall be
restricted in height accordirtg to the Resolutions of Garlield County and fi:rther as follows:
Parcel 1, two (2) story residence wrth basemen! Parcel 2 is limited to a one (1) story with
basement, Parcel three (3) is limited to the height of the structure curently built and in place and
Parcel for:r (a) is limited to 2 stories with basement, These restrictions are meant to restrict the
height of buildings to restrict the visual impact on the other parcels on the property and the VHS
property located across County Road tl7, To construct a one or two story building that is
actually higher than a typical one or two story building will violate this restriction
acknowledging that a vaulted ceiling to some extent may be allowed. This restriction may be
modified allowing for buildings to be lower or higher than as set forth herein to ensure that a
typical one or two story buiiding can be erected but that such building is not made more visible
to the adjoining YHS property than a fairly typical building of that number of stories would be to
be determined on a case by case basis, The buildrng plans and building permit shall be submitted
to VHS and the other parcel owners prior to cofiunencement of building to ensure compliance
with ttre spirit of this restriction which is to ensure that the buildings built on these lots are not
made conspicuously visible and obtrusive to VHS. The height of stuctues shail be limited so as
not to protnrde upward above the natural landscaping and contour of the building envelope.
Stainton.Covenaffs
Stainton Exemption
Cov€nailts
Pa4e 6
B. Buildings. All buildirigs shall be constructed so as to blend into the natrual
environment and to be-as unobtrusive as possible to the other Paroels and V[IS' Sructures shall
be of a color that is similar to the surrounding vegetation and earth. All exterior lighting shdll be
directed downward and inward towards the interior of any parcel on the properly and light shall
not be allowed to shine directly away from the Parcel onto another Parcel or the VHS property.
Exterior liglrting shall be minimal. Skylights shall not allow light to emanate from the interior at
night in a manner which is visible to the other parcels.
9. Wildlire, AII exterior shells of all new skuctures shall be made of non
combustible building materials with a non combustible class A roof. The existing structwe is
required to re-roof the skucture wrth a non combustible olass A roof material, when re-roofing is
undertaken by said Parcel ovrr11er. Before obtaining a building permit all parcels must present a
wildfire hazard fuels mitigation plan to the Glenwood Springs Fire Department for approval-
10. Fire Suppression. An automatic fire suppression system is required in all new
buildings that are 2,500 square feet in size or larger. For sprinklered buildings' a Knox key box
(or similar approved device) shall be installed on the structue near the front entrance, order form
available at the Glenwood Springs Fire Department.
11" No Resubdivision. No f,areel shall be subdivided or split into smaller Parcels or
kacts- Bowrdary line adjusfuetrt$ which do uot result in the creatiou of addltional Parcels shall
not constitute re-subdivision.
lZ. Open Hearth Solid Fuel Fireplaces Restriction, No open hearth solid-fuel
fueplaces will be allowed. One (i) new solid burning stove as defined by section 25-7-401 et"
seq., C,R.S. 1973 x amended, and the regulations promulgated there under will be allowed in
any'dwelling unit. All dwelling units may have an unresEicted number of natural gas burning
stoves and appliances.
13. Dogs, Only 1 dog shalt be allowed per Parcel pursuant to the requirements of
Garfreld County. In the event that Garfield County amends such requirement to be less
restrictive then the less restrictive standatd shall apply. Dogs shall be contained within the
Parcel it resides on and shall not be allowed to roam at large off of said Parcel without the
penirission of the other parcel owner. Dogs shall not be allowed to bark continuously tbr a
period of 20 minutes 0r longer in a manner which would amoy the other Parcel owners. Should
there be a violation of this provision the offending parcel owner shall frst be contacted and
provided with an opportunity to cure the problem before any enforcement action is taken. The
ofter parcel owners shall have the ability and right to require that any parcel owner that violates
the reskrction on having only one dog be compelled to remove all additional dogs from the
property afrer being provided with a thirty day notice sent by certified mail.
L4. Nuisance Trash, Junk and Food Products. Each Parcel owner shall keep his
Parcel clear and free of pet waste, rubbish, trash, junk, plaut litter and debris, and shall keep the
structrues thereon in good repair. Trash shall be stored ur bear proof recoptaoles at all times. No
Parcel otruner shall allow food products of any kind to remain stored in or about the property in
Stainton{ovenants
Staiilton Exemption
Covenants
Page 7
any location which would athact wildlife. Animals shall be cared for by the parcel owner itr a
manner which does not create a nuisance or any disturbance that is overly burdensome to the
neighboring parcel owners. $uch nuisance or disturbances include but are not limited to
recurrent noise, offensive smells or odors, destruction of natural landscaping or habitat which
results in run off, dust or aesthetic degradation of the properties-
15. Control of Weeds. All weeds and other plant growth shall be kept controlled and
eliminated to comply with the Noxious Weed Plan filed with Garfield County and approved
thereby in the final approval dosuments approving the exemphon subdivision on file with
Garfield County regarding noxious wbeds and in compliance with all state and locai weed
control requirements.
16. Nuisances. No noxious or offensive oonduct or activity shall be carried on upon
any Parcel or in any structure thereon which may constitute a health hazaxd, nuisance or
annoyanoe to other Parcel owners and inhabitants.
17. Screening Requirement. All unsightly skucture$, facilittes, equipment, objects
and conditions shall be enclosed within a screened area, including snow removal equipment,
garden and maintenance equipment, except when in actual use.
[E. Commercial Yehiclm. No tractor-trailer, industrial or commercial vehiole,
drsabled, junk, unregistered or abandoned vehicles shall be parked or stored in, on or about any
Parcel, except within an enclosed stucture or screened area, or in an area that is not readily
visible to the neighboring Parcels or to the VHS properry for a period longer than 120 days,
19. Signs. No parcel owner shall put up or display a sign on their lot for any purpose
except that lot owners may display a "For Sale" sign in the event that they are offering their
property for sale. Any for sale sign shall not be larger than 4 feet by 4 feet in size and only one
such sign is allowed per parcel.
2A. Recreational Vehicles. All boats, cempers (on or off supportrug vehicles),
reoreational tailers, snowmobiles, ATV or other recreational equipment shall be stored on ary
Parcel wrthrn a screened area or within au area that is not visible to the other Parcels or visible to
the neighboring property owned by VHS. This requirement shall not apply to the parking of suoh
machines during those reoreational seasons that such vehioles are in use
21. Enforcemeut. The owner of any Parcel or Parcels within Stainton Subdivision, or
any portion thereof, and the owner of the VHS property shall have the right to prosecute any
action for injunctive relief and for damages by reason of any violation or threatened violation of
this Declaration. The prevailing party in any such action shall be entitled to an award of its
reasonable costs and attomeys' fees, which shall be deemed to have aoorued on the
commencenrent of such action and shall be enforceable whether such action is prosecuted to
judgment or not.
Stainton"Covenants
Stainton Exemption
Covenants
Page E
22. Public Rights of \Yay, Nothing in this Declaration shall be construed or deemed
to be a gift or dedication of any Parcel, portion of a Parcel, or private roadway for any public use
whatsoevet. There is no right of any person to make any u$e whatsoever of the pnvate roadway
desuibed arrd depicted on Exhibit A, other than as provided in this Declaration.
23. Utility easemeuts. There shall be a utility easement over and across all of the
Parcels to allow any orre parcel owner to obtain utilities such as gas, eleotricity, cable TV and
telephone. Until the utilities are installed, this utility easement's location shall be urspecific,
however the location shall recognize that the area for building sfructures is minimal on Lots 1, 2
and 3 and the location of utility easemeuts shall be done only after consulting with the affected
Parcel Owners and attempting to come to agreement. The placement of utilities shall not unduly
interfere with the building of principal structures on any parcel. Once the utilities are accepted
and constructed and rn place then the utility ea.sement shall be considered to be fixed and there
shail be no nght to relocate that easement after that time.
24. Amendment. This Declaration may not be modified, amended, rescinded,
cancelled or terminated, in whole or in part, except upon the written consent of three of the
Parcel owners and the owner of the VHS property with respect to paragraphs 2 through 21 of
Section III only. With respect to thqse provisions which apply only to numbered parcels
amendments may be made with the consent of ttnee of the four parcel owners affected
enumerated herein. Such consent shall not be unreasonably wittrheld by any owner and shall be
set forth in a wriuen instument reoorded in the offioe of the Clerk and Reoorder for Garfield
County, Colorado-
25. Term. Unless otherurise cancelled and/or terminated in accordance with the terms
of this Declaration and any amendments hereto, it shall remain in effect in peqpetuity.
26. Validity The invalidation of any portion of this Declaration by judgment, court
order or otherwise shall uot affect the validity of any of the other provisions herein.
27. Ilerdings The headings for the paragraphs herein are for reference only and are
not part of, and shall not define, limit, ampiiff, change or alter any term, covenant or condition
herein. For the purposes of this Declaratron, the neuter gender includes the feminine or
masculine, and the singular number includes the plural, and the word "person" includes a natural
person as weil as any legal and/or stahrtory entity. No failure to enforce any right established in
this Declaration shall be deemed a waiver of a subsequent enforoement of such right. This
declaration shall be consUued so as to give validity to all of its provisions.
28. Additional beneficiary.. The provisious of paragraphs nrunbered 2 through 24,
Section III are adofled for the benefit of the Parcel owners as well as the YHS properly and any
amendment thereto shall be agreed to by the owrer of the VHS property as well as owners of
three of the four Parcels.
IN WITNESS WHEREOF, the undersigned Declarant have executed this Declaratron of
Declaration, Conditions and Restrictions on the date frst written above.
Stainton-Covenanls
' Stainton ExomPtion
Covenants
Page 9
PETER STAINTON
BY
Peter Staintou Ov"ner
STATE OF COLORADO )
) ss.
coLiNTY oF GARFIELD )
Acknowledged, srbscribed, and swom to before me this
-
ey of October, 2005, by
Peter Stainton.
WTINESS my hand and official seal. My Cornmission opi.,rt
Notary Public
Steinton-Covcnrns
AGREEMENT FOR POND USAGE FOR FIRE PROTECTION PLAI\
FOR STAINTON EXEMPTION
This Agreement is made and agreed to by and between VHS, Limited Parurership LLP,
whose address is 313 Foxtail Road Boulder, CO (hereinafter'YHS") and Peter Stainton whose
address is l93g pearl Street, St€ 200, Boulder, CO 80302 (hereinafter "stainton") involving the
property which is descriM as the Stainton Exemption as shown on the final Plat fild at Reception
No. Garfield County Clerk and Recorder'
WHEREAS, the properties owned by the parties hereto are in need of a fire protection
system for all and vegetation located thereon In consideration of the promises and
agreements set fo-rlh below the parties herein agree to the following Fire Protection Plan.
l. Dry Hydrants. Dry hydrants shall be installed by Stainton in and around the two
large ponds located oo th" VHS property catled the Stainton Ponds Nos. 3 and 4 as adjudicated
to vfts in case Nos. g5cw2os, -secwz85
and 89CW202 Water Div No. 5 and the water stored
therein can be used for fre protection. The ponds shall be those that are currently constructed
and are located adjacent to the driveway on the VHS property which parallels Four Mile Creek
which property is adjacent to the Stainton Exemption Property. The design plans and
specifications it r there hydrants shall be prepared and/or approved by the Glenwood Springs
Fire Departnnent before installation occurs.
2. Access. Access to the fire hydrants shall be granted to the Glenwood Springs Fire
Departnent by VHS, Ltd at all times necessary for the Fire Department to inspect the system or
to combat a fue.
3. Amendment. This Agreement may not be modified, amended, rescinded,
cancelled or terrninated, except upon the written consent of all of the Parcel owners in the
Stainton Exemption, and the Glenwood Springs Fire Departnent. Consent of any owner shall
not be unreasonably withheld and the arnended agreement shall be set forth in a written
instrument recorded in the office of the Clerk and Recorder for Garfield County, Colorado.
4. Tem. Unless otherwise cancelled and/or terminated in accordance with the
terms ofthis Agreement and any amendments hereto, shall remain in effect in perpetuity.
5. Beneficiaries. The fre protection systems that are installed by Stainton shall
also be available for use by VHS, limited parfirership,LLP property.
IN WITNESS WHEREOF, the undersigued execute this Agreement on the
October,2005 .
day of
PETER STAINTON
Stainton-Fire Protection Agroement
By
Peter Stainton, Ov*rner
From:
Sent:
To:
Gc:
Subiect:
-----Original Message-----
From: Sherry Cal-oia [mailto:Sent: Thursday, October 13,
To: Carolyn DahJ-gren
Subject: stainton
Carolyn Dahlgren
Thursday, October 13, 2005 4:31 PM
'Sherry Caloia'
Richard Wheeler
RE: stainton
scaloiaGsopris. netl
2005 4:,72 PM
SC, fs John going to get this agreement and the DECS signed? Wil-l- Peter and Virgj-nj-a
come Lo your office so the docs can get notarized?
I know you know, but I am not sure that John understands that the County Surveyor is a
separate El-ected Official whose schedule neither the CAO nor the B&P Department controls '
You or John can call him, but the County Surveyor does not yet have the mylar from the
Engineering Eirm. (Scott Aibner 945-1317 x !325 or 379-'7846.)
Richard wil-l fet you know what Mark says about the Consent Agenda. As you know, in
general, projects are not schedufed on the agenda unless and until all executed original
associated documents and the signed mylar are ready to go to BOCC for Chair's signature
on mylar.
JOHN C. COLLINS, P.C.
Attorney at Law
Rite Executive Suites, Suite A
1416 Grand Avenue
Phone: 970-945-2077
Fax: 970-945-1029
Email: collinslawpc@cs.com
September 14,2005
Mr. Richard Wheeler
Garfield County Building & Planning
VIA HAND DELIVERY
Dear Richard:
In response to Mr. Anthony's email dated September 2,2005, please be advised that this
fall we will be managing the infestation of Canadian thistle that was located along the driveway
to the existing private residence.
Very truly yours,
JOHN C. COLLINS, P.C.
P.O. Box 664
Colorado 81602
John C. Collins
Page I ofl
Richard Wheeler
From: Steve Anthony
Sent Monday, September 12,2AAS 9:18 AM
To: Richard Wteeler
Subiect FW:
---{riginal Message---
From: Stwe Anthony
Sent: Friday, September 02, 2005 3:45 PM
To: Richard Wheeler
Cc'Collinslawpc@cs.com'
Subject:
Richard
These were my or(linalcomments:
The Vegetation Management Departrnent requests that the applicant provide a map and inventorY-lf any
Cognty Listed Noxious Weeds on the 8l acre parcel and provide a weed management plan that will
address any inventoried noxious weeds. The weed, Oxeye Daisy, is prevalent in the area and may be
on site. Also, Absinth Wonnwood may be on the site. The State has mandated the eradication of
Absinth Wormwood in Colorado. Please have the applicant contact me at 625-8601 and we can arftmge
a site visit and provide some assistance with the weed inventory and management plan.
It is requested that the applicant provide a statement as to who will be responsible for weed management
on any coulmon prop€rty (roads, open space).
I visited the site on August 29tt 2OOS with John Collins. The noxious weed Canada thistle was located within the
proje{t area along the driveway to the existing private residence. tt was a patch less.than 100 sq feet !f the
ipftcant providei a written coinmitment to manage that inbstation this fiall, that would be sufftcient
Thanks
Steve Anthony
9n2t200s
, tr iL flmo Jnc.
Sill Auntur tu*dll7
$rutoad Sp&qr eCI 81601
?fiano: 97C'945'6159
ee& 970-94ttil59
9w: 97(t-9454159
Well Test
DATE: August 15,2005
TO: John Collins
Box 664
Glenwood SPrings CO. 81601
RE: Well Test
Attn: Johrl
J & M Pump Inc tested a spring at the Bill Jackson residence on Four Mile Road. The
following results were obtained:
If you have any questions, please call Rick, 945'6159' Thank You
Flow:
Water Sample:
0 GPM Spring is dry
Could Not Obtain
'ru/'bo"/
Lic. No 1196
Thank You!
Roeo Usn/ MATNTENANicE DBcreneuoN
THIS ROAD USE/MAINTENANCE DECLARATION ("Declaration") is made
thrs 4 day of ,2004 by North Bank Holdings, LLC, a Colorado Limited Liability
Compaoy, whose ad&ess is 818 Colorado Avenue, Glenwood Springs, Colorado 81601 ("Declarant").
WHEREAS, Deciarant is the owner of Parcels A, B, and C of the Mc Bride Exemption as more
particulady described within the plat thereof, heretofore recorded in the records of the Clerk and Recorder
tor Garfreid County Colorado o;
-,z114,in
Book-, P"g.-and Reception
Numbet- ("Exemption Plat') ;
WHEREA$ Parcels A, B. and C are accessed by an existing roadway ("Road") extending from U.S.
Highway 6 &24 over and across Parcels B and C and terminating Yff" Parcel A. The Road is entirely
.oitrioia within a thirty (30) foot non-exclusive Access and Utility Easement more particularly described
within the Exemption Plat; and
VHEREAS, by this Declaration it is the intent of the Declarant to establish a regime governing the
joint use of the Road by the future owners of the above referenced Parcels A, B, and C.
A.
Roeo Uss AND MerrvrnNeNcE Cosrs
The owners of Parcels A, B and C may use the Road for access purposes to and from each of the
designated Parcels A, B and C; provided however, that nothing contained herein shall establish any rights in
the -owner(s) of either Parcel B or Parcel C to entet or otherwise access any Part of Parcel A' Ail
improvements and/or maintenance expenses incurred instant to the Road as shown on the exempdon.Plat
shall b. bom by the owners of ParcelJA, B and C on an equat thirty-three percent (33o/o) !asi1; pJgvt{ef
however, that the owner(s) of Parcels B and C shatl be responsible for the Payment (on a 50/50 basis) of all
costs ani charges thrt m"y become due and owing under that Private Road CrossingAgreglent hetetofore
entered into by and berween North Bank Holdings, LLC and the Union Pacific Railroad Company. The
owfler of Parcel A, solely, shall responsible for the payment of all costs and charges that may become due
and owing under that Private Road Crossing Agreement heretofore entered into by and between John
McBride and the Union Pacific Railroad Company.
B.
DecrsroNs, Dtsrurus AND ARBITRATIoN
The owners of Patcels A, B, and C, their successors and assigns, shall make all decisions regarding
the repair, maintenance and improvements of the Road by mutual consent. In the event the owners cannot
agree on rssues regarding the operation, maintenance or improvements of the Road, the parties shall submit
thefu dispute to binding arbitration, as provided for by Colorado Law. The parties shall appoint an arb-itratot
within tle Roaring Fork Valley area. The Arbiuator is empowered to make any legally proPer ruling to
resolve the disputi, including an award of damages, injunctive relieve or any other approPriate reward.
C.
CoveNANrs Ruhn rrNc wITH TrrB Lervo
The covenants contained in this Declaration are intended to and shall run with the titles to the Parcel
A, B, and C properties as described within the McBride Exemption PIat and shall be binding on the owners
thereof, there successors and assigns.
In witness wheteof, this Declaration is executed tl'trs bfL aay of fui / zOO+.
STATE OF COLORADO
COUNTY O}*GARFIEID
)
) r..
)
Scott Balcomb, Managet
Subscribed and sworn to before me this tn'lL,
day of 4Ot ,/ ,2OO4,by Scott Balcomb
as Manager of North Bank Holdings, T T Q, a Colorado Limited Partnership.
My commission expires:
WITNESS my hand and official seal.
N:\Peulcrc\WP Das\2004\Tim\Nonh Bmk Holdinp LLC\Road ure Declrrauon.2-25-04.uPd
lFri".ts
fio"^+ r?|d
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t fir-, *0..'."9pE ..^......'^\a!
- -ar LJ',
DpcreneuoN or WBn Usg/MATNTENANCE
THIS \[/ELL USE MAINTENANCE DECI-ARATION ("Declaration") is mzdecris ,/d/ day
o , 2004 by NorthBankHoldings, LLC, a Colorado Limited Liability Company, whose
add 6ss is 818 Colorado Avenue, Glenwood Springs, Colorado 81601 (" Declarant").
WHEREA$ Declarant is the owner of Parcels A, B, and C of the Mc Bnde Exemption as more
particularly described within the plat thereof, heretofore recorded in the records of the Clerk and Recorder
for Garfield County Colorado on
Number :
2004, in Book-, Prg.-and Reception
WHEREAS,Declarantis also theownerof a domesticwell ('lWell")locatedwithinParcelA,which
well is petmitted, inter alia, for the purposes of fire protection and ordinary household use instant to not more
than three single family dwellings (.!7ell Permit No. 250904); and
VHEREAS, by this Declaration it is the intent of the Declarant to establish a regime goverrung the
joint use of the !7e11 by the future owners of the above referenced Parcels A and C.
A.
Spnvrce LINnEISnMENT
Declarant heteby creates and reserves for the benefit of Parcel C , a nonexclusive easement over and
across Parcel A for the purpose of installing, maintaining, repairing andf or replacing a water service line to
the WelL Said easement shall extend five (5) feet on each side of that center line extending due north from
the STell to the southern boundary of Parcel C.
B.
TWrr,r, UsB exo MervrsNANCE CoST
The owner of Parcel C may use'the We[ for only domestic purposes within one (1) single family
residence to be located within the Parcel C properfy. All remaining uses as allowed under Permit No 250904
shall remain with the Parcel A property. AII imptovement and /maintenance expenses incurred instant to the
!7ell shall be born by the Parcel A and Parcel C owners on an equal 50/50 basis.
C.
DrctsroNs, Drsru"rrs AND ARBTTRATIoN
The owners of Parcels A and C, their successors and assigns, shall make all decisions regarding the
repair, maintenance and improvements of the well by mutual consent. In the event the owflers cannot agree
on issues regarding the operation, maintenance or improvement of the Well, the parties shall submit their
dispute to binding arbitradon, as provided for by Colorado Law. The parties shall appoint as a sole
atbitrator any appropriate member of a water engineenng firm within the Roaring Fork Valiey area. The
Arbitrator is empowered to make any legally proper ruling to resolve the dispute, including an award of
damages, injunctive relieve or any other appropriate reward.
D.
CoveI.IANrs Rur.ngrNc \mrH THe I-AND
The covenants contained in this Declaration are intended to and shall run with the tides to the Parcel
A and C properties as described within the McBride Exemption Plat and shall be binding on the ownets
thereof, there successors and the signs.
In witness whereo! this Declaration is executed *1, lJrtd, a^y of Ml zoo+.
Nonrn BaXr Hor-orNcs, LLC
Scott Balcomb, Manager
STATE OF COLORADO )
)SS
COUNTY OF GARFIED)
Subscribed and sworn to before me this /!-Ht d^y of rfu)L ,2004,by
Scott Balcomb as Manager of North Bank Holdings, TJ Q, a Colorado Limited Partnership.
My commission expires:
\TITNESS my hand and offrcial seal.
N:\Peulemc\S/P Dcs\20M\Tim\Nod Buk Holdings l.IC\Declurtim.0l-15-04.u.pd
By'
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({'i:Y=?i'68
8:32
8:33
At orwithin fifteen (15) days of the meeting, the Board shall approve, condjjio.nally
the exemption request. The reasons for denial, or any condrtlons oI
approval, shall be set forth in the minutes of the meeting or in a written Resolution.
An applicant denied exemption4fi[ follow the subdivision procedure in these
Regulations.
A plat of an approved or conditionally approved exemption slgllbe presented to the
Board for signature within WjrLysof approval @a legal
description oithe exempted property, and Exemption Certificate (See Appendix), the
County Surveyor's Certificate (See Appendix) and a statement, if four (4) lots,
parcels, or inierest have been created on the parcel, that "NOTE: No further
diririo6 by exemption from definition will be allowed." The plat shall be recorded
with the county clerk and Recorder no later than thirfy (30) days after the
Chairman's signature. The Chairman of the Board of County Commissioners shall
not sign a plat of a conditionally approved exemption until all conditions of approval
have been complied with.
SUBMITTAL MAPS AND SUPPLEMENTAL INFORMATION
An application for exemption shall be accompanied by the following maps:
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
,,.r.rourrdirg u."u *ithin two (2) miles, for which a copy of a u.S.G.S.
quadrangle map may be used.
The following supplemental information regarding the proposed exemption shall be
filed with the application:
A. Copy of the deed showing ownership in the applicant, or a
properfy owner(s), if other than the applicant;
B. Names and addresses of owners of record of land immediately adjoining and
within two hundred feet (200') of the proposed exemption, mineral owners
and lessees of mineral owners of record of the property to be exempted, and
tenants of any structure proposed for conversion;
C. Evidence of the soil types and characteristics of each type;
D. proof of legal and adequate source of domestic water for each lot created.
Proof of a iegal supply shall be an approved substitute water supply plan
contract or augmentation plan, an approved well permit or legally
adjudicated domestic water source. Proof of physical supply for the public
mieting may be documentation from the Division of Water Resources that
demonstrates that there are wells within l14wile ofthe site producing at least
five (5) gallons/minute. Prior to the signing of a plat, all physical water
8:40
8:41
8:42
letter from the
E.
F.
supplies 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 writien 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 of no less than 3.5 people per dwelling
unit, using i00 gallons of water per person, per day;
6. If the well is to be shared, a legal, well sharing declaration 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 independent 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 ,.*ug. disposal, and letter of approval of fire protection plan
from appropriate fire district;
If connection to a community or municipal water oI sewer system, ts
proposed, a letter from the governing body stating a willingness and abiliw to
serve;
Narrative explaining why exemption is being requested;
It shall be demonstrated that the parcel existed, as described on January 1,
1973, orthe parcel, as it exists presently, is one (1) of not more than three (3)
parcels created from a larger parcel, as it existed on January l, 1973; and
School fees, taxes and special assessments have been paid'
(The school impact fee is $200.00 for each lot created)'
REVIEW CRITERIA
An application for exemption must satisfy, at a minimum, all of the review criteria
listed in Section 8:52. Compliance with the review criteria, however, does not
ensure exemption. The Boaid may also consider the additional factors listed in
Section 8:60, and the applicability standard of Section 8: 10, to determine whether the
exemption, in the Board's discretion, shall be approved or denied'
The Board shall not grant an exemption unless the division proposed for exemption
has satisfied the following criteria:
G.
H.
8:50
8:51
8:52
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 l, 1973. In order to
qualifu for exemption, the parcel as it existed on January 1,1973, must have
been larger than thirfy five (35) acles in size at that time and not part of a
recorded subdivision; however, anyparcel 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, in the
discretion of the Board, not be considered to have been created by exemption
with regard tot he four (4) lot, parcel, interest or dwelling unit limrtation
otherwise applicable. For the purposes of definition, all tract of land thirty
frve (35) acres or greater in size, created after January l,1973, will count as
parcels of land created by exemption since January l, 1973.
All Garfield Counfy zoning requirements will be met;
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 ofbeing
obtained;
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;
All state and local environmental health and safety requirements have been
met or are in the process of being met;
Provision has been made for any required road or storm drainage
improvements;
Fire protection has been approved by the appropriate fire district and impact
fees are paid, based on a study of the fiscal impact on the district by new
subdivision development, approved by the Board of County Commissioners
and Planning Commission.
Any necessary drainage, irrigation or utility easements have been obtained or
are in the process of being obtained; and
School fees, taxes and special assessments have been paid.
General conformance with the Garfield County Comprehensive Plan;
Compatibility of the proposed exemption with existing land uses in the
surrounding area;
Recommendations of any municipality within two (2) miles of the proposed
exemption, or within three (3) miles, if the municipality has a major street
plan;
Recommendations of any state or local agency or organization whose opinion
the Board determines is necessary or appropriate;
8:60
B.
C.
D.
E.
F.
G.
A.
B.
C.
D.
H.
I.
ADDITIONAL CONSIDERATIONS
In the evaluation of each petition for exemption, and in addition to the review criteria
in Section 8:52, the Board shall consider the following:
E. Suitability of soil, water, vegetation, geologic and topographic characteristics
of the land for the type of division proposed;
Number of lots and/or multiple-dwelling units created by the proposed
exemption;
Provision for open space within the proposed exemption;
Proposed density and provisions for adequate off-street parking; and
Covenants and plat notes, restricting the lots to the following:
F.
G.
H.
I.
1.One (1) dog will be allowed for each residential unit within a
subdivision and the dog shall be required to be confined within the
owner's property boundaries. The requirements shall be included in
the protective covenants for the subdivision with enforcement
provisions allowing for the removal of a dog from the area as a final
remedy in worst cases;
No open hearth solid-fuel fireplaces will be allowed anywhere within
an exemption. One (1) new solid-fuel burning stove as defined by
C.R.S. 25-7-401, et. sew., 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; and
Each subdivision shall have covenants requiring that all exterior
lighting be the minimum amount necessary and that all exterior
lighting be directed inward, towards the interior of the subdivision,
except that provisions may be made to allow for safety lighting that
goes beyond the property boundaries.
RURAL LAND DEVELOPMENT EXEMPTION OPTION (2000-88)
Rural Land Development Exemption Option
In addition to the provisions of Section 8.52 of these Regulations, the Garfield
County Board of County Commissioners (hereinafter, "the Board) may, on a case by
case basis and in conformance with $ 30-28-101 (10) (X) C.R.S., exempt frorr the
definition of subdivision certain property divisions which, in the sole opinion of the
Board, advance the objectives of Garfield County regarding the preservation of rural
lands including agricultural lands and open space and do not constitute a subdivision.
Such exemption from the definition of subdivision shall be known as the Rural Land
Development Exemption Option and as such shall constitute the "Rural land use
process" as defined in $30-28-402 C.R.S.
Legislative Intent
Rural lands in Garfield County have formed the basis for the agricultural sector of
the Garfield County economy for many generations and have provided habitat for
wildlife and areas for hunting and fishing, and the extraction and utilization of
natural resources. Rural lands also secondarily contribute to the scenic vistas enjoyed
2.
-1.
8.70
8.71
8.72
/ /P ta'0"r1
SflffiIffffi - [ccznl'*# fi snst'l+-t\
THIS DECLAMTION OF COVENANTS, WELL SHARING AGREEMENT ANd
ROAD SGHARING AGREEMENT is made this
-
day of Septembel, f005, by Peter
StainrOn rtre Owner of the pfoPerty (referred to hercin as 'iowner"). -t( PCLF
JooFWITNESSETH:
I
WHEREAS, Ownerf owns title to the real property described on the attached Exhibit A
which has been divided intE four Parcels called theStaintoo.Subdivision Exemption described
Garfield County Clerk and Recorder;at Book Page _ RecePtion no.
^d 2F* fi*)
WHEREAS, the Parcels are designated as Parcels I through 4; and
WI{EREAS, there are two new wells and ene efiietinE Jackson we}l located wtthin the
€t<Pr b.e used for the foru Pucels and a sharing agreement is necessaryi and
WHEREAS there is one shared driveway for Parcels 3 and 4; and
WHEREAS, esublishment of a home owners association and setting forth these
covenants are necessary to ensurc the proper use and care of said Parcels, improvements
consfiucted thereon and use thereof by subsequent Parcel Owners.ovn*i e
NOW, THEREFORE, the partrerhereby declares {Sa4.the Property and Well'subject to
the following restrictions, covenants and conditions, whioh shall be binding upon all parties
having any right, title or interest in the Property, or any part thereof, their heirs, succcssors and
assigns, and shall inute.to the benefit of each owner thereof.
These Covenants rthll run with and burden the land described in Exhibit A and referred
to herein as the S*ai bn Exemption, and shall be binding upon all pemons or entities
having any right, title or interest in all or any portion of the Parcels therein, includingJ)eclarantfi
their successors, assigns, descendants, tenants, employees, guests and invitees. These Covenants
shall inure to and are imposed for the benefit of all present and future owners of the $trinten
Parcels I ttgough 4 and for the benefit of ttre property located directly west in Section 22 and
across County Road I17, which property is now owned by VHS limited Partnership LLLP
(Hereafter "VHS property").
I. WELL SHARING AGRBEMENT
APPLIES TO ALL PARCELS
l. Potable Water Supply, Each Parcel Owner of the Parcels on the property shall
be entitled to use the Wells as specified herein, in the manner as allowed pursuant to the Well
Permits as follows:
SrrinrJou-Covcnrnts
Jo are--.:
lult'k ?'/
Stainton Jackson Exemption
Covenants
Page2
W-350) shall be owned
by Parcel 3 and may the house on irrigation in and uound 0the
house,
.a( Jackson Well No. 2. Well Permit No. 253271 shall be owned jointly by Parcels I and 2
0,]\ana*uonParoel1andlsingle,familyresidenceonD-l - ) Parcel 2. Additionally Parcel I shall be allowed inigation of up to 30,000 square feet of lawn
i ,1. I ( ana garden and Parcel 2 shall be allowed 13,000 fert o-1igig4[qn Both Parcels may use the well
W . ) n, tf,e watering oflivestoglt as allowed uy tire covenants.
t,'rJ I Jackson well No. 3. well Pennit No 263272 shall be jointly owned by Parcels 3 and 4
()"\ua,uParcel3withabout15,000squaIefeetof
\ irrigation and for 2 single family residences on Parcel 4 with 15,000 souare feet of inieation perfffi notf, Parcels may use the well for ttre watering of livestock as aUowed Uy tE Gvinants.
asement,r l#f,i. *.,,
dll , they co-own and all pumphouses, storage tanks, pipelines, and other workings associated with
iltt I :, the delivery of potable water to each property for reasonable operation and maintenance
ilO*lrt purposes. Such easement includes a right to free and unrestricted access for such purposes and
k -0. shall be twenty (20) feet in diameter sunounding the well and storage tanks (if any) and 20 feet
lil,rl in width (10 feet either side of center) of any and all pipelines Potable Water System, as shown
Y' t on the final plat. In the event that any gates, weil houses, or othcr parts of the Potable Water
V.l Systcm are locked for security purposes, all parties shall immediately be provided with a key and
,' ,t shall not otherwise be restricted from accessing the Potable Water System. The reciprocal
ff t easements granted herein shall be for the benefit of all Parcels using said well. The parties shall
fa{f only have access to the well and waterline for operation, maintenance, repair, and replacement of
7; i* *iJlj,ljaiXt,,$Hi]-"'and
appurtenant facilities and shall not use this easement for any purpose
f !"r"t 3, wetl rights Appurtenant to the Proper{v. No right of use or interest in the
dL': Well and Water System shall be transfened apart ftom the properties identified herein. All
t$ a. parties connsctcd to thc well shall be responsible for their pro-rata cost of the operation,
i.hl/ maintenance, repaiF, replacemcnt of said well, pumps and any other appurtenant facilities for
. their joint benefrt.Qopies of all such mail and documentation shall be p^romptly provided to $er
O/- party using thc well, or made available for review at the oonvenience of said other party, )
t 4. Watering of Domestic Animals. Use of water for domestic animals is allowable
Slt- however such use shall be aocomplished in a conservationist manner (e.g. water shall not be
19 -o''r'allowed to run continuously). If any stock tanks or watering Uoughs are used, such q9
be filled no more than twice per day and shall be heated if used in the wintenim
shall be aware that well water is not subject to state water treatment regulations, ahd
use of water is at each Parcel owner's risk. Any treatment shall be at the option of
individual party.
Stalnton-Covenants
qi
Stainton Jackon Exemptibn
Covenants
Page 3
5. Repair of Water System. In tlte event that any maintenance, repair replacement
or improvement necessary to continue potable or irrigation water seryice cannot be agreed upon
and is thus not performed in a timely manner then any oo-ownil of the well shall be cntitled to
undertake any maintcnance, rcpair, replacement or improvement necessary and essential to allow
oontinued water service. In the eveil that any owner decides to undertake any such work absent
the consent of any other party, he or she shali notify the other party in writing. The party
rurdertaking the work shall, upon completion, provide the other parties with a written statement
of the work performed including all receipts for work performed and an allooation of each other
party's share of the costs. In the event that emergency repairs are required, before undertaking
any such work each party will attempt to contact the other parties by phone prior to incruring any
expenses for such repairs, Bills for emergency repairs shall be allocated among the parties in the
manner set forth below for payment ofjoint expenses.
6. In-house uses preferred; ne waste, In-house use of water from the Well shall
take precedence over use of water for irrigation or domestic animals. In the event of a shonage,
all parties shall cooperate and shall reduce their uses accordingly to conserve water. No party
shail be entitled to waste water, and each owner shall exercise prudence and conservation in the
use of water in order to allow for the effioient and beneficial use of the Well.
7. Operation and Maiuteuance Expenses. The parties served by the Well shall
each pay their pro-rata amount of the costs of maintenance, operation, electricity, repair, aod
replacement of the well, pump(s) and appurtenant facilities, and the costs of common watcr lines
or other oommon water facilitiEs, To the extent practicable, the use of electricity shall be
monitored via a separate meter or ar "hour meter" to be attached to the electrical line to the well
pump. Such meter will allow records to be kept of electrical consumption each year. If any
Parcel is not hooked onto the Well, the orvner(s) of such property shall not be obligated to
contribute toward operation expenses. If any Parcel is hooked on but has not yet commenced
service, no electricity costs shall be assessed against that party, In addition, the owrrer(s) of each
individual property shall be exclusively responsible for the costs of installation, operation, repair
or replacement of any facilities used solely by that property, including individual service lines
and any individual storage tanks, If a separate hour meter is not connected to the well to measure
the electricity usage then each co-owrer shall pay for the cost of electricity estimating the aru:ual
costs based upon the previous yeus electrical costs for the well. The party who is not connected to
the elecUicai meter fol the well his share of the elecfficity on a bi-annual basis to the puty who is
responsible for the payment of electricity for the well pump, Such arnount shall be paid in Jrure and
December of each year.
8. Collection of Joiut Expenses. Any party who incurs expenses associated with
the well that are to be shared with the other parties shall levy and collect from each property
owner his or her share of common expenses for the Well, electricity, maintenance and repair
expenses, or otirer common expenses within fifteen (15) days from the time at which a writtcn
statement of expenses is presented forpayment bythe party who incuncd said expenses, Inthe
event that any party fails to pay his or her share of common expenses within thirty (30) days of
presentment of a Statement, interest on the unpaid amount shall accrue at the rate of eighteen
percent (lE%) per annurn, beginning thirty (30) days after presentment. In the event that any
Stainton.Covcnurts
Stainton Jackson Exemptirin
Covenants
Page 4
party fails to pay any amount due, inoluding any accrued rnterest, within six months from the
date of presentment for paymeut, water service to the delinquent Parcel may be discontinued,
However, notice shall first be given to the non-compliant party by certrfied mail sent no less than
thirty (30) days prior to termination of service to the last known address of the delinquent owner.
Any party that has paid the delinquent pafy's share of costs and expenses shall be entitled to
pursue any remedy available at law or in equity for a breach of this Agreement. Reasonable
attorneys'fees and costs incu:red by anypartyin t}te process of collecting any amountdue from
any other property owner(s) pursuant to the terms of this Declaration shall be paid by the
delinquent party(s).
II. SIIARED DRIVEWAY
APPLIES TO PARCELS 3 AND 4 ONLY
l. Shared Driveway Parcels 3 and 4, Pargls 3 and 4 shall share in the use of a
driveway. Such shared driveway is shown on the fttla-Iftlat and is labeled access for Parcels 3
and 4. The owners shall shue in the expenses of maintenance of said driveway including but not
limited to snowplowing, dust control arrd grading on an equal basis for that portion of the
driveway that is used jointly. The balance of the access way over and across Parcel 3 that is
solely uscd by one Parcel owner shall be the sole responsibility of that Parcel owner.
2, Collection of Joint Expenses. Any party who incurs expenses associated with
the shaded portion of the driveway shall levy and collect from *re other party his or her share of
common cxpenses for the Shared Driveway, maintenance and repair expenses, or other common
expenses within fifteen (15) days from the time at which a written slatement of expenses is
presented for payment by the party who incuned said expenses. ln the event that any party fails
to pay his or her share of common expenses within thirty (30) days of presentment of a
statement, interest on the unpaid arnount shall acuue at the rate of eighteen percent (18%) per
amum, bcginning thiny (30) days after presentment. In the event that any party fails to pay any
amount due, including any accrued interesl, within six months from the date of presentmeil for
payment, the party who inctured the joint expense shall have the ability to file a licn on the
property of the other Parcel owner. However, notice shall frrst be given to the non-compliant
party by certified mail sent no less than thirty (30) days prior to a lien being filed to the last
known address of the delinquent owner. The paying party shall also be entitled to pursue any
remedy available at law or in equity for a breach of this Agreement. Reasonable attomeys' fees
and costs incurred by any party in the process of collecting afly amount due ftom any other
property owner(s) pursuant to the terms of this Declaration shall be paid by the delinquent
pany(s)
IU DECLARATION OT COVENANTS
APPLIES TO ALL PARCELS \,,.p2
l. Home Owners Association. A homeowlers association called the Starnttrr
Exemption Honre Owners Association is herein created and each of the Parcels I tluough 4 shall
be a member of said Association. The Association shall have the duty and the power to enforce
the covenants as they are set forth herein. The Association shall be governed by the provisions
Slrinton-Covcnants
Staintort I ackson Exemption
Covenanrs
Page 5
of Section 7-30-105 C.R.S, I973 as amended (Unincorporated Associations of Property Owners)
and shall not be subject to the provisions of the Colorado Common Interest Orvnership Ac1
unless such is required by the specific provisions of said act.
2. Residential use. The Parcels are intended to be developed for residential
purposes only with all structures designqd to blend into and complement the natural
sunorndings.' *"f 6,,*
-/ *t-r
3, Buildiugs Allowed No more than one (1) detached single-family dwelling and
one (1) Additional dwelling unit shall be erected upon each of Parcels I and 4, except for
accessory buildings and structures such as, but not limited to, barns, sheds and garages. Parcels
2 and 7 shall have no more than one single family residence and accessory out buildings and
structures such as barns, Barages and sheds. Parcels 1 and ilfbe required to obtain the
approval of Garfield Corurty before a second residential unrt iyllo*ed on such Parcels.\l,l I 14. Commercial Uses Forbidden No brulding or(tructure intended for or adapted to
commercial, or manufactr:ring purposes shall be erected, constructed, placed, maintained or
permined on any Parcel, other than for use as a home occupation as allowed herein and by the
County Resolutions.
5. Home Occupations. Home occupations or home businesses which comply with
Garfield County regulations shall be ailorved. However, such home occupations shall be limited
to the following restrictions: (l) only those persons living on the property and one additional
person shall be allowed to work in the home business on the properry; (2) no substantial
additional traffic shall be generated (assuming that one single family residence generates ten car
trips per day a substantiai increase is deftned as more than a 50% increase on the avcrage) (3) no
additional noise shall bc generated which affects neighboring Parcels; and (a) all machinery,
equipment, materials and other business items shall be stored away from view in a either a
screened af,ea or parked such that it is not visible ftom the neighboring Parcels or from the VHS
property across thc County Road I 17,
6, Building Envelope. AII structures Of any kind erected, gonstructed or placed
on any Parcel shall be located cornplete ly within the borurdaries of the building envelope, if any,
designated for such Parcel as described and dcpicted on Exh*bftfEtFtrUlEtl hereto. Compliance
with this condition shall include open porches, garages, carpprts and an Additional Dwelling
unit(ADU) -f -- r 'Ta'i //rr(
7, Buildiugs not allowed. No structure shall be placed or erected and occupied for
residential or caretaker use upon any Parcel which is, ever has been, or could be made the
subject of a specific ownership tax as now defined in Title 42 of the Colorado Revised Statutes,
nor shall structuros constructed in the fashion and manner as mobile homes be permitted on
any Parcel.
Steiuton-Covcnans
Sminton Jaokson Exemptidn
Covenants
Page 6
8. Minimum Size. The minimum size of any primary residential structure erected on
a Parcel shall be not less than one thousand two hundred (1,200) square feet measued on the
outside foundation walls, exclusive of open porches, Barages, and carports.
9. Heigbt restriction The houses to be constructed shall be restricted in height as
follows: Parcel l, two (2) story residence with basement, Parcel 2 is limited to a one (1) story
with basement, Parcel three (3) is limited to the height of the stmcture currently built and in
place and Parcel forr (4) is limited to 2 stories with basement. This restriction may be revised as
long as the building elected is not visible to the adjoining VHS property to be determined on a
case by case basis.
10. Buildings, All buildings shall be constnrcted so as to blend into the natural
environment and to be as unobtmsive as possible to the neighboring Parcel owners. Stnrctures
shall be of a color that is similar to the surrounding vegetation and earth. Outdoor lighting shall
be directed downward on the property and light shall not be allowed to shine directly away from
the Parcel onto another Parcel or he VHS property. Skylights shall not allow light to emanate
frorn the interior at night in a marurer which is visible to the neighboring Parcels or the VHS
property. The height of suuctwes shall be limited so as not to protrude upward above the natual
landscaping and contour of the building envelope. All Parcels shall be built of materials that
meet the Wildfire Regulations adopted by the State of Colorado. Buildings shall be sited so that
the rninirnum amount of natrual landscaping is disturbed and the trees and shrubbery is
maintained to the mar<imum extent possible.
I L No Resubdivision. No Parcel shall be subdivided or split into smaller Parcels or
tracts by any Parcel Owner. Boundary line adjustments which do not result in the creation of
additional Parcels shall not constitute resubdivision,
17. Dogs. Only 1 dog shall be allowed per Parcel pursuant to the requirements of
Garfield County. In the event that Garfield Count amends such requirement to be less restrictive
then the less restrictive standard shall apply. Dogs shall be contained wjthin the Parcel it resides
on and shall not be allowed to roam at large off said Parcel without the permission of the other
property owner. Dogs shall not be allowed to bark continuously for a period of 20 minutes or
this provision the offending property owner shall first be contacted
opportr:nity to cure the problem before any enforcement action is iaken.
provided with an
13. Nuisance;Trash, Junk and Food Products. Each Parcel owner
Parcel clear and free o/pet wast€, rubbish, trash, junk, plant litter and debris, and
I keep his
keep the
structwes thereon in good repair, Trash shall be stored in bear proof receptacles hlltimes. No
Parcel owner shall allow food products of a
any location which would attract wildli{6. Animals sha parcel owner
manner which does not create a nui -or any dist overly burde
neighboring parcel owners, Such nuisance limited to
recurrent noise, offensive smells or odors, destmction of natr.ual
results in nrn off, dust or aesthetic degradation of the properties.
caied
Slarnton-Covcnurts
landscaping or habitat which
Stainton J ackson ExemptiinCovenants ,/Pasel
t^ L/ @cL+- /q ,Cr,/ 01-"1^/0(
fJ l--,-/
-a-'-15. $trol of Weeds. All weeds and other gowth shall be kept controlled and
eliminated +dcomply with the Noxious Weod Plan filed with Carfield County and approvcd
thereby in the final approval documents approving the exemption rubC,i+isiOtr on frle with
Garfield County regarding noxious weeds and in compliance n'rth all state and local weed
controlrequirements. W
16. Nuigances No noxious or offensive conduct or activity shall be canied on upon
any Patcel or in any stmcture thereon which may constitute a health hazard, nuisance or
annoyance to proximate Parcel owners and inhabitants.
17. Screening requirement All unsightly structures, facilities, equipment, objecs
and conditions shall be enclosed within a screened area, including snow removal equipment,
garden and maintenance equipment, except when in actual use,
18. Commercial Vehicles No tractor-trailer, industrial or commercial vehicle ,
disabled,junk, ruuegistered or abandoned vehicles shall be parked or stored in, on or about any
Parcel, except within a completely encloscd structure or screened area, or in an area that is not
readily visible to the neighboring Parcels or to the neighboring property owned by VHS for a
period longer than 120 days.
19. Signs. No lot owner shall put up or display a sign on their iot for any purpose
except that lot owners may display a "For Sale" sign in the event that they are offering their
property for sale. Any for sale sign shall not be larger than 4 feet by 4 feet in size and only one
such size is allowed per lot.
20. Recreational Vehicles All boats, campers (on or off supporting vehicles),
recreational tailers, snowmobiles, ATV or other recreational equipment shall be stored on any
Parcelwithin a screened area or within an arca that is not visible to the other Parcels or visible to
the neighboring property owned by VHS. This requirement shall not apply to the parking of such
machines during those reueational seasons that such vehicles are in use €/€"vtp ,14'
21. Enforcement. The owner of any Parcel or Parcels within Jackson fut|di:ritiur, or
any portion thereof, and the owler of the VHS property shall have the right to prosecute any
action for injunctive relief and for damages by rcason of any violation or threatefled violation of
these Covenants. The prevailing party in any such action shall be entitled to an award of its
reasonable costs and attoffieys' fees, which shall be deemed to have accrued on the
commencement of such action and shall be enforceable whether such action is prosecuted to
judgment or not.
22. Public Rights of Way. Nothing in these Covenants shall be construed or deemed
to be a gift or dedication of any Parcel, portion of a Parcel, or private roadway for any public use
whatsoever. There is no right of any person to make any use whatsoever of the private roadway
described and depicted on Ead*Lrirrt, other than as provided in the Declaration of Covenants.
{*/a,t,
Stainion.Covcnants
Stainton Jackson Exemption
Covenants
Page 8
23. Utility essemetrts. There shall be a utility easemsnt over and across all of the
parcels to allow any parcel owner to obtain utilities such as gas elecuiciry and cable and
telephone. Until the utilities are installed the location shall be left unspecific, however the
looation shall recognize the building envelopes for all structures and shall not interfere with the
building of structures on any parcel. Once the utilities are constflrcted and in place then the
utility easement shall be considered to be fixed and there shall be no right to relocate that
easement at that time.
24. Amendmeni. These Covenants may not be modified, amended, rescinded,
canoelled or termirrated, in whole or in pg!.;iry;gpt IBQI the urrtten conseil of ttrree of the
Parcei owners in the Jackson Exemption $4&ffiid#and the ou/nor of the VHS property lvlth
respect to paragraphs 2 through 24 of Section III only. With respect to those provisions which
apply only to nunbered parcels amendments may be made with the consent of all of the parcel
owncrs affected enumerated herein. Such consent shall not be unreasonably withhcld by any
owner and shall be set forth in a written instrument recorded in the office of the Clerk and
Recorder for Garfield County, Colorado
25. Term. Unless othenvise cancelled and/or terminated in accordance with the terms
of these CoveDants, these Covenants and any amendments hereto, shall remaln in effect in
perpetuity.
26. Validity The invalidation of any portion of these Covenants by judgment, court
order or otherwise shall not affect the validity of any of the other provisions herein,
27. Headings The headings for the paragraphs herein are for reference only and are
not part of, and shall not define, limit, amplify, change or aher any term, covenant or condition
herein, For the purposes of these Covenants, the neuter gender includes the feminine or
masculine, and the singular number includes the plural, and the word "person" includes a natwal
person as well as any legal and/or statutory entity. No failure to enforce any right established in
thcsc Covenants shall be deemed a waiver of a subsequent enforcement of such right. These
Covenants shall be construed so as to give validity to all of its provisions.
28. Additional beneficiary. The provisions of paragraphs numbered 2 through 24,
Section III are adopted for the benefrt of the Parcel owners as well as the VHS property and any
amendment thereto shall be agreed to by the owner of the VHS properly as well as owners of
three of the fotx Parcels.
IN U/ITNESS WHEREOF, the undersigned Declarant have executed this Declaration of
Covenants, Conditions and Restrictions on the date first written above,
PETER STAINTON
Slainion-Covcnfits
By
Peter Stainton, Owner
, Stainton Jackson Exemption
Covenants
Page 9
STATE OF COLOMDO )
) ss,
couNTY oF GARFTELD )
Acknowledged, subscribcd, and swom to before me this _ doy of September, 2005, by
Peter Stainton.
WITNESS my hand and official seal. My Commission expires:
Notary Public
Sninton€ovcnanrs
REil$ruvffiffi
AUG 0 1 2005
GARF iil'''; { i-'rii"'i-[Y
E'u iliil r'*; i;"P t.,llrrt i'l I N G
P.O. Box 777
693 Main Sfreef
Carbondale, Colorado 81 623
Susan W. Snyder, P.C.
Attorney at Law
Telephone : (970) 963-9001
Fax: (970) 963-6940
E-Mail: snyde@rof.net
July 28, 2005
Garfield County Board of County Commissioners
Attn: Richard Wheeler, Building and planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
By Fax: 384-3470 and Regular Mail
Re: Stainton Subdivision Exemption Application
Dear Board:
I have recently been retained by the Oak Meadows Homeowners'Association to
represent them. ln the last couple of days the Homeowners' Association became aware
of the Stainton Subdivision Exemption.
I understand that the hearing on this subdivision exemption application will be during
the afternoon of August 1't,2005, and that the hearing may be'continued to address
unanswered issues. I am leaving today and will be out of state until August 8th. Thus, the
Homeowners' Association has asked that I prepare a brief letter to rJise some of their
concerns regarding water supply, as well as fire protection for this application.
Oak Meacjows Homeowners'Association is not necessariiy opposecl to the newprgposed development but would like more investigation by tne iounty and more
information forthe Homeowners'Association regarding [otentialinjury to the existing water
rights of Oak Meadows homeowners.
I understand that the applicant had one existing well on the subject property and
has, in May 2005, placed two'new wells on the prop"-rty. These new wells are in closeproximity to the Oak Meadows Four Mile Creek Well, No. 1, which is a water source for the
existing Oak Meadows Subdivision, Filing Nos. 3 and 4.
It appears that along with household water usage, the applicant is requesting
approval for irrigation of significant areas of lawn and garden, as well as the watering foi
domestic animals. The Homeowners' Association is concerned that these new wells iray
have a cumulative negative effect on the existing water supply. perhaps the applicani
could perform an engineering study and monitor the level of
'waier
usage for the dropertyto demonstrate that there will be no material injury to the Oak Meadows homeowners'
BOCC letter, Stainton Subdivision Exemption Application, Julv 28, 2005
water supply.
The Oak Meadows Homeowners' Association would like fire protection to be
addressed by the applicant and would like the opportunity to review and comment on any
proposed fire protection plan. Finally, the Association would like the opportunity to meet
with the applicant to inquire as to the anticipated level of water usage and other potential
plans. Thus, the Oak Meadows Homeowners'Association would like this mattercontinued
beyond the August 1't hearing and would request that you do so.
Thank you for your attention to these concerns.
Very truly yours,
SUSAN W. SNYDER, P.C.
(-DA-r-/r-r--
Susan W. Snyder
SWS:bw
cc: Oak Meadows Homeowners' Association
RESTRICTIVE COVENANTS AND
WELL SHARING AGREEMENT
THIS DECLAMTION OF COVENANTS, WELL SHARING AGREEMENT ANd
ROAD SGHARING AGREEMENT is made this
-
day of september, 2005, by Peter
Stainton ihe owner of the property (rcferred to herein as "Owner")'
WITNESSETH:
WHEREAS, Owners owns tirle to the real property described on the attached Exhibit A
which has been divided into four Parcels called the Stainton Subdivision Exemption describcd
at Book _page _ Reception no. Garfield County Clerk and Recorder;
and
WHEREAS, the Parcels are designated as Pucels I through 4; and
WHEREAS, there are two new wells and one existing Jackson well located wiftin the
subdivision to be used for the fou Parcels and a sharing agteement is trecessarYi an6
WHEREAS rhere is one shared driveway for Parcels 3 and 4; and
WHEREAS, es6blishmenr of a home owners association and setting forth these
covenants axe necossary to onsutc the proper use and care of said Parcels, improvcments
constructed thereon and use thereof by subsequent Parcel Owners.
NOW, THEREFORE, the parties hereby declares that the Property and Well subject to
the following restrictions, covenants and conditions, which shall be binding upon all parties
having *y tlgnt, title or interest in the Property, or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit ofeach owner thereof.
These Covenants shall rur with and burden the land described in Exhibit A and referred
to herein as the Stainton Subdivision Exemption, and shall be brnding upon all persons or entities
having any right, title or interest in all or any portion of the Parcels therein, irrcluding Declarants,
their successors, assigns, descendants, tcnants, employees, guests and invitees. These Covenants
shall inure to and ari imposed for the benefit of all present and futwe owners of the Stainton
Parcels I ttgough 4 and for the benefit of the properry located directly west in Section 22 and
across Cowrty Road I17, which property is now owned by VHS limited Partnership LLLP
(Hereafter "VHS property").
I. WELL SIIARING AGREEMENT
APPLIES TO ALL PARCELS
l. Potable Water Supply, Each Parcel Owner of the Parcels on the property shall
be entitled to use the Wells as specified herein, in the manner as allowed pursuant to the Well
Permits as follows:
Starnl,on-Covcnants
Stainton Jackson Exemption
Covenants
Page2
Jackson Well No, 1. Well Pgrmit No.45881(Water Court CasgW-350) shall be owned
by Parcel 3 and may be used for the house on Parcel 3 and for irrigation in and around 0the
house.
Jackson Well No. 2, Well Permit No. 263271 shall be owned jointly by Parcels 1 and 2
und *ny be u*d for 2 ringl" fa*ity (esidences on Paroel 1 and I single family residence on
Parcel 2. Additionally Parcel I shall be allowed inigation of up to 30,000 square feet of lawn
and garden and Parcel 2 shall be allowed 13,000 feet of inigation. Both Parcels may use the weil
for the watering of livestock as allowed by tlte covenants.
Jackson Well No. 3. Well Permit No. 263272 shall be jointly owncd by Parcels 3 and 4
a11d may be used for one single family dwelling on Parcel 3 with about 15,000 square feet of
irrigation and for 2 single family residences on Parcel 4 with 15,000 square feet of inigation per
party, Both Parcels may use the well for the watering of livestock as allowed by the covenants.
7. Water System Easements, All parties shall have an easement to access the well
they co-own and all pumphouses, storage talks, pipelines, and other workings associated with
the delivery of potable water to each proper$ for reasonable operation and maintenance
purposes. Such easement includes a right to free and urestricted access for such purposes and
shall be twenty (20) feet in diameter sunounding the well and storage tanks (if any) and 20 feet
in width (10 feet eitJrer side of center) of any and all pipelines Potable Water System, as shown
on the final plat. In the event that any gates, well houses, or other parts of the Potable Water
System are locked for security purposes, all panies shall immediately be provided with a key and
shall not otherwise be restricted from accessing the Potable Water System. The reciprocal
easernents granted herein shall be for the benefit of all Parcels using said well. The parties shall
only trave accoss to the well and waterline for operation, maintenance, repair, and replacement of
the well, pump, pipelines and appurtenanl facilities and shall not use this easement for any Purpose
uruelated to the well.
3. Well rights Appurtenant to the Property- No right of use or interest in the
Well and Water System shall be transferred apafl from the properties identified herein' All
parties connected to the well shall be responsible for their pro-rata cost of the operation,
maintenance, repair, replacement of said well, pumps and any other appurtenant facilities fot
their joint benefit. Copies of all such mail and documentation shall be promptly provided to other
party using thc well, or made available for review at the oonvenience of said other party.
4. Watering of Domestic Animals. Use of water for domestic animals is allowable
however such use shall be accomplished in a conservationist manner (e g. water shall not be
allowed to run continuously). If any stock tanks or watering troughs ate used, such troughs shall
be filled no more than twice per day and shall be heated if used in the wintertime. The partics
shall be aware that well water is not subject to state water lreatment regulations, and therefore
use of water is at each Parcel owner's risk. Any ffeatment shall be at the option of each
individual party,
Srarnton-Covcnan(s
Stainton Jackson Exemption
Covenants
Page 3
5, Repair of Water System. In the event that any maintenance, repair replacement
or improvement necessary to continue potable or irrigation water service cannot be agreed upon
and is thus not performed in a timely manner then any oo-owner of the well shall be entitlcd to
undertake any maintenance, repair, replacement or improvement necessary and essential to allow
continued water service. In the eveil that any owner decides to undertake any such work absent
the consent of any other party, he or she shali notify the other party in writing. The party
undertaking the work shall, upon completion, provide the other parties with a wrincn statement
of the work performed including all receipts for work performed and an allooation of each other
party's share of the costs. In the event that emergency repairs are required, before undertaking
any such work each party will attempt to contact the other parties by phone prior to incuming any
expenses for such repairs, Bills for emergency repairs shall be allocated among the parties in the
manner set forth below for payment ofjoint expenses.
6. In-house uses preferred; no waste, In-house use of water from the Well shall
take precedence over use of water for irrigation or domestic animals. In the event of a shortage,
all parties shall cooperate and shall reduce their uses accordingly to conserve water. No party
shall be entitled to waste water, and each owner shall exercise prudence and conservation in the
use of water in order to allow for the efficient and beneficial use of the Well.
7. Operation and Mainteuance Expenses. The parties served by ttre Well shall
each pay their pro-rata amount of the costs of maintenance, operation, electricity, repair, aud
replacement of the well, pump(s) and appurtenant facilities, and the costs of common water lines
or other common water facilities. To the Extent practicable, the use of electricity shall be
monitored via a separate meter or an "hour meter" to be attached to the electrical line to the well
pump Such meter will allow records to be kept of electrical consumption each year. If any
Parcel is not hooked onto the Well, the owner(s) of such property shall not be obligated to
contribute toward operation expenses. If any Parcel is hooked on but has not yet commenced
service, no electrioity costs shall be assessed against that party, In addition, the owuer(s) of each
individual property shall be exclusively responsible for the costs of installation, operation, repair
or replacement of any facilities used solely by that property, rncluding individual service lines
and any individual storage tanks, If a separate hour meter is not connected to the well to measure
the electricity usage then each co-owner shall pay for the cost of electricity estimating the annual
costs based upon the previous years electrical costs for the well. The party who is not connected to
the electrical meter fot the well his share of the elecfficity on a bi-annual basis to the party who is
responsible for the payment of electricity for the well pump, Such amount shall be paid in June and
December of each year.
8. Collectiou of Joint Expenses. Any party who incurs expenses associated with
the well that are to be shared with the otler parties shall levy and collect from each ploperty
owner his or her share of common expensos for the Well, elecuicity, maintenance and repair
expenses, or other common expenses wittrin fifteen (15) days from the time at which a written
statement of expenses is presented for payment by the party who incurred said expenses. In the
event that any party fails to pay his or her share of common expenses within thirty (30) days of
presentmenl of a statement, interest on the unpaid amount shall accrue at the tate of eighteen
percent (18%) per annurn, beginning thirty (30) days after presentment. In the event that any
Stainton.Covcnants
Stainton rackson Exemption
Covenants
Page 4
party fails to pay any amount due, inoluding any accrued interest, within six months from the
date of presentment for paymeut, water service to the delinquent Parcel may be discontinued.
However, notice shall first be given to the non-compliant party by certrfied mail sent no less than
thirty (30) days prior to temination of serice to the last known address of the delinquent owner.
Any party that has paid the delinquent pafty's share of costs and expenses shall be entitled to
pursue any remedy available at law or in equity for a breach of this Agreement. Reasonable
attomeys' fees and costs incurred by any party in the process of collecting any amount due from
any other property owner(s) pursuant to the terms of this Declaration shall be paid by the
delinquent partv(0.
II. SHARED DRIVEWAY
APPLIES TO PARCELS 3 AND 4 ONLY
l. Shared Drivewny Parccls 3 and 4, Parcels 3 and 4 shall share in the use of a
driveway. Such shared driveway is shown on the final plat and is labeled access for Parcels 3
and 4. The owners shall share in the expenses of maintenance of said driveway including but not
limited to snowplowing, dust control and grading on an equal basis for that portion of the
driveway that is used jointly. The balance of the access way over and across Parcel 3 that is
solely used by one Parcel owner shall be the sole responsibility of that Parcel omer.
2, Collection of Joint Expenses. Any party who incurs expenses associated rvith
the shaded portion of the driveway shall levy and collect from *re other party his or her share of
common expenses for the Shared Driveway, maintenance and repair expenses, or other colrunon
expenses within fifteen (15) days from the time at which a written statement of expenses is
presented for payment by the party who incuned said expenses. In the event that any party fails
to pay his or her share of common expenses within thirty (30) days of presentment of a
statement, interest on the unpaid amount shall accrue at the rate of eighteen percont (1870) per
annurn, beginning thirty (30) days after presentment. In the event that any party fails to pay any
amount due, including any accrued interest, within six months from the date of presentment for
payment, the party who inctured the joint expense shall have the ability to file a lien on the
property of the other Parcel owner. However, notice shall first be given to the non-compliant
party by certified mail sent no less than thirty (30) days priior to a lien being filed to the last
known addrcss of the delinquent owner. The paying party shall also be entitled to pursue any
remedy available at law or in equity for a breach of this Agreement. Reasonable attorneys' fees
and costs incurred by any party in the process of collecting any amowtt due ftom any other
property owner(s) pursuant to the terms of this Deolaration shall be paid by the delinqucnt
party(s)
UI DECLARATION OF COVENANTS
APPLIES TO ALL PARCELS
l. llome Owners Association, A homeowners association called the Stainton
Exemption Home Owners Association is herein created and each of the Parcels I through 4 shall
be a member of said Association. The Association shall have the duty and the power to enforce
the covenants as they are set fbrth herein. The Association shall be governed by the provisions
Stainton-Covcnants
Stainton Jackson Exemption
Covenanrs
Page 5
of Seotion 7-30-105 C.R.S, 1973 as arnended (Unincorporated Associations of Property Owners)
and shall not be subject to the provisions of the Colorado Common Interest Ownership Act
unless such is required by the specific provisions of said act.
2. Residential use. The Parcels are intended to be developed for residential
purposes only with all structwes designed to blend into and complement the natural
surroundings.
3. Buildiugs Allowed No more than one (l) detached single-family dwelling and
one (i) Additional dwelling unit shall be erected upon each of Parcels I and 4, except for
accessory buildings and structures such as, but not limited to, barns, sheds and garages. Parcels
2 and 3 shall have no more than one single family residence and accessory out buildings and
structures such as barns, garages and sheds. Parcels I and 4 may be required to obtain the
approval of Garfield County before a second residentialunit is allowed on such Parcels,
4. Commercial Uses Forbidden No building or structure intended for or adapted to
commercial, or manufactruing purposes shall be erected, constructed, placed, maintained or
permitted on any Parcel, other than for use as a home occupation as allowed herein and by the
Cornty Resolutions.
5. Home Occupations. Home occupations or home businesses which comply with
Garfield County regulations shall be allowed. flgwever, such home occupations shall be limited
to the following restrictions: (l) only those persons living on the property and one additional
person shall be allowed to work in the home business on the property; (2) no substantial
additional traffic Shall be generated (assuming that one single family residence generates ten car
trips per day a substantial increase is deflrned as more than a 50% increase on thc average) (3) no
additional noise shall bc generated which affects neighboring Parcels; and (4) all machinery,
equipment, malerials and other business irems shall be stored away from view in a either a
screened area or parked such that it is not visible ftom the neighboring Parcels or from the VHS
property across thc County Road I 17,
6, Building Envelope. All structures of any kind erected, constructed or placed
on any Parcel shall be located cornpletely within the bourdartes of the building envelope, if any,
designated for such Parcel as described and dcpicted on Exlubit A attached hereto. Compliance
with this condition shall include open porches, garages, carports and an Additional Dwelling
Unit (ADU).
7, Buildings not allowed. No structure shall be placed or erected and occupied for
residential or caretaker use upon any Parcel which is, ever has been, or could be made the
subjecr of a specific ownership tax as now defined in Title 42 of the Colorado Revised Statutes,
nor shall structures constructed in the fashion and manner as mobile homes be permitted on
any Parcel.
.Staiuton-Covcnen:s
Stainton Jackson Exemption
Covenants
Page 6
8. Minimum Size, The minimum size of any primary residential structue erected on
a Parcel shall be not less than one thousand two hundred (1,200) square feet measrued on the
outside foundarion walls, exclusive of open porches, Barages, and carports.
9. Heigbt restriction The houses to be constructed shall be restricted in height as
follows: Parcel l, two (2) story residence with basement, Parcel 2 is limited to a one (1) story
with basement, Parcel three (3) is limited to the height of the structure currently built and in
place and Parcel forr (4) is limited to 2 stories with basement. This restriction may be revised as
long as the building erected is not visible to the adjoining VHS property to be determined on a
oase by case basis.
10. Buildings, All buildings shall be constructed so as to blend into the natural
environment and to be as unobtnrsive as possible to the neighboring Parcel owners. Structures
shall be of a color that is similar to the surrounding vegetation and earth. Outdoor lighting shall
be directed downward on the property and light shall not be allowed to shine directly away from
the Parcel onto another Parcel 0r the VHS property. Skylights shall not allow light to emanate
frorn the interior at night in a marurer which is visible to the neighboring Parcels or the VHS
property. The height of stuctwes shall be limiled so as not to protrude upward above the natural
landscaping and contour of the buitding envelope. AII Parcels shall be built of materials that
meet the Wildfire Regulations adopted by the State of Colorado. Bujldings shall be sited so that
the rninimum amowrt of nahual landscaping is disturbed and the trees and shnrbbery is
maintained to the maximum extent possible.
11. No Resubdivision. No Parcel shall be subdivided or split into smaller Parcels or
tracts by any Parcel Owner. Boundary line adjustments which do not result in the creation of
additional Parcels shall not constitute resubdivision,
12. Dogs. Only I dog shall be allowed per Pucel pursuant to the requirements of
Garfield County. In the event that Garfield Count amends sucb requirement to be less restrictive
then ttre less restrictive standard shall apply, Dogs shall be contained within the Parcel it resides
on and shall not be a.llowed to roam at large off said Parcel without the permission of the other
property owner. Dogs shall not be allowed to bark continuously for a period of 20 minutes or
longer in a manner which would annoy the other Parcel owners. Should there be a violation of
this provision the offending property owner shall first be contacted and provided with an
opportunity to cure the problem before any enforcement action is taken.
13. Nuisance Trash, Junk and Food Products. Each Parcel owner shall keep his
Parcel clear and free of pet waste, rubbish, trash, junk, plant litter and debris, and shall keep the
stnxctures thereon in good repair, Trash shall be stored in bear proof receptacles at all times. No
Parcel owner shall allow food products of any kind to remain stored in or about the properry in
any location which would attract wildlife. Animals shall be cared for by the parcel owner in a
manner which does not create a nuisance or any distrubance that is overly burdensome to the
neighboring parcel owllcrs. Such nuisance or distwbanoes include but are not limited to
recurrent noise, offensive smells or odors, destmction of natural landscaping or habitat which
results in rurt off, dust or aesthetic degradation ofthe properties.
Starnton-Covcnants
Stainton Jackson Exemption
Covenants
PageT
15. Control of Weeds. All weeds and other growth shall be kept controlled and
eliminated to comply with the Noxious Weed Plan frled with Carfield Counry and approved
thereby in the final approvai documents approving the exemption subdivision on file with
Garfield County regarding noxious weeds and in compliance with all state and local weed
control requirements.
16. Nuisances No noxious or offensive conduct 0f activity shall be canied on upon
any Parcel o( in any stnrctue thereon which may constitute a health hazard, nuisance or
arutoyance to proximate Parcel owners and inhabitants
l7 Screening requirement All unsightly structures, facilities, equipment, objects
and conditions shall be enclosed within a screened area, including snow removal equipment,
garden and maintenance equipment, except when in actual use,
18. Commercial Vehicles No tractor-trailer, industrial or cornmercial vehiclc,
disabled, junk, ruuegistered or abandoned vehicles shall be parked or stored in, on or about any
Parcel, except within a completely enclosed structwe or screened area, or in an area that is not
readily visible to the neighboring Parcels or to the neighboring property owned by VHS for a
period longer than 120 days.
19. Signs. No lot owlter shall put up or display a sign on their lot for any purpose
except that lot owners may display a "For Sale" sign in the event that they are offering their
ProPerty for sale. Any for sale srgn shall not be lalger than 4 feet by 4 feet in size and only one
such size is allowed per lot.
20. Recreational Vehicles All boats, campers (on or olf supporting vehicles),
reoreational trailers, snowmobiles, ATV or other recreational equipment shall be stored on any
Parcel within a screened area or within an area that is not visible to the other Parcels or visible to
the neighboring property owned by VHS. This requirement shall not apply to the parking of such
machines durtng those recreational seasons that such vehicles are in use
21. Enforcement. The owner of any Parcel or Parcels within Jackson Subdivision, or
any portion tlereof, and the Ourns1 of the VHS property shall have the right to prosecute any
action for inlunctive relief and for damages by reason of any violation or threatened violation of
these Covenants. The prevailing party in any such action shall be entitled to an award of its
reasonable costs and attorneys' fees, which shall be deemed to have accrued on the
commencement of such action and shall be enforceable whether such action is prosecuted to
judgment or not.
22. Public Rights of Way. Nothing in these Covenants shall be construed or deemed
to be a gift or dedication of any Parcel, portion of a Parccl, or private roadway for any public use
whatsoever. There is no right of any person to make any use whatsoever of the private roadway
described and depicted on Exhibit A, other than as provided in the Declaration of Covenants.
Slainlou.Covcnuts
Stainton Jackson Exemption
Covenants
Page 8
23, Utility eosemetrts. There shall be a utility easemcnt over and across all of theparcels to allow Nry patcel owner to obtain utilities such as gas elecuicity and cable and
telephone Until the utilities are installed the location shall be left unspecific, however the
fo91!1on shall recognize the building envelopes for all structures and shall not intirfere with thebuilding of structute$ on any parcel. Once the utilities are constucted and in place then theutility easement shall be considered to be fixed and rhere shall be no right to relocate that
easement at that time.
24. Amendment. These Covenants may not be modifred, amended, rescinded,canoelled or terminated, in whole or in part, except upon the vwitten conseil of three of the
Parcel owners in the Jackson Exemption Subdivision ,na th. o\urer of the vHS property wrth
respect to paragraphs 2 through 24 of Section III only. With respect to rhose prouirions which
apply only to nrunbered paroels amendments may be made with ihe consent oi all of the parcel
owners affected enumerated herein. Such consent shall not be urueasonably wittrhcld by anyowner and shall be set forth in a wrihen instrument recorded in the office of the Clerk andRecorder for Garfield County, Colorado.
25. Term. Unless otherwise cancelled and/or terminated in accordance with the tennsof these CoveDants, lhese Covenants and any amendments hereto, shall renrain in effect inperpetuity,
26. Validity The invalidation of any portion of these Covenants by judgmenr, coult
order or otherwise shall not affect the validity of iny of the ottrcr provisions trei.in. '
27. Headiugs The headings for the paragraphs herein are for reference only and arenot part of, and shall not define, limit, amplify, change or atter ary term, covenant or cortdition
herein.. For the purposes of these Covenants, the neuter gender includes the feminine ormasculine, and the singular number includes the plural, and the word "person,, includes a natrualperson as well as any legal andlor statutory entity. No failure to enforce any right established inthcse Covenants shall be deemed a waiver of a subsequent enforcement of such right. Thesecovenants shall bc consuued so as to give validity to all of rts provisions.
28' Additional beneticiary. The provisions of paragraphs numbered 2 through 24,Section III are adopted for the benefit of the Parcel owners ur *iil as the VHS property and any
amendment thereto shall be agreed to by the owner of the vHS property as well'as owners ofthree ofthe fou Parcels.
IN WITNESS WHEREOF, the undersigned Declarant havs Exesuted rhis Declaration of
Covenants, conditions and Restrictions on the date first written above,
PETER STAINTON
Slainton.Covcnants
By
Peter Staiffon, Owner
Stainton Jackson Exemption
Covenantg
Page 9
STATE OF COLOMDO )
) ss.
cotrNTY oF GARFIELD )
Acknowledged, subscribcd, and swom to before me this _ day of September, 2005, by
Peter Stainton.
WITNESS my hand and official seal. My Commission expircs:
Notary Public
Starnton-Covcnants
July 14, 2005
To: Richard Wheeler, Senior Planner
Garfield County Building & Planning Department
108 8th Sffeet
Suite 201
Glenwood Springs, CO 8160i
From: Ronald L. Biggers
Fire Protection Analyst
Glenwood Springs Fire Department
10i West 8ft Street
Glenwood Springs, CO 81601
Dear Mr. Wheeler,
On June 22,2005 I received a letter and information on the Jackson Ranch, 1 17 County
Road, Glenwood Springs, CO from Sherry A. Caloia of Caloia, Houpt & Hamilton, P.C..
The letter was in reference to the subdivision exemption for the Jackson Ranch and
request we approve the water supply for fire protection at the Ranch. At that time I
reviewed this request and forward a copy of my comments to you and Ms. Coloia. To
date I have not received a reply from Ms. Coloia or the applicants addressing the fire
protection water supply, wildfire fuels mitigation, access road, issues etc.I raised in my
first review. This formal submittal does not address them either.
Before we can approve the fire protection water supply for the subdivision, aftre
protection water supply system needs to be designed and submitted to the Glenwood
Springs Fire Department for review and approval. The plan shall address the following:
Fire protection water supply:
o Amount of water storage planned for subdivision
. Layout of water distribution system
o Location of Fire hydrants
o Number and size of structures planned for each lot
number of residences but also mentions other out
lot)
(the applicant gives the
building may be built on each
Other items the applicants will need to address prior to getting fire department approval
for the subdivision are the following:
Access Roads:
o What are the location and size of access road/roads into and in subdivision? The
map with the application shows the one existing driveway that will serve parcels
3 and 4 and no access to parcels 1 andZ.
Wildfire Hazard fuels:
o Some or all the lots may need to have wildfirehazard fuels mitigation plan
designed and submitted to the fire department for approval. Fire department
staff is available to access the site to determine if these plans are needed.
Installing automatic fire suppression systems in buildings:
o An automatic fire suppression system will be required in all new building 1,000
square feet or larger constructed in the subdivision. By installing these systems
the amount of external water storage for fire suppression can be reduced.
If you have questions, please contact me.
August 30, 2005
John Collins
P O Box 664
Glenwood Springs, CO 81602
Dear John,
The following is a recap of my meeting with you and John Shup last week on site at the
Jackson Ranch property and Argonaut Farms which is located to the west of the Jackson
Ranch across County Road 1 17. Below is a listing of fire protection issues we discussed
and how they will be resolved (noted in led). This list is a copy of the listing in my
review letter/comments on the Jackson Ranch sub-division sent to Garfield County
Senior Planner, Richard Wheeler on July 14,2005.
Before we can approve the fire protection water supply for the subdivision, a fire
protection water supply system needs to be designed and submitted to the Glenwood
Springs Fire Department for review and approval. The plan shall address the following:
Fire protection water supply: Watcr suppl-v to hc conte flont ponds on Argonattt Fiirnts
o Amount of water storage planned for subdivision The anlounl in three lat'ge -vcar
round pi:ncls on Argonattt Fartl
o Layout of water distribution system: Dr-v liyclrant$ are to lie installerl in the thrce
large ponds. Design plans and specification lor the hydranis shali be iibtained
frc-rn: Clenu,ood Springs Fire tr)epartnient t-rr designecl by' a proi'essioltiil engineer
specializ-ing in fire protect r/atcr suppl_v s,vste rrs desigr, anci installation. Frior t.t't
installing tire hydrants the plans lirr the rn shall L,re approved bv the Gienu,oocl
Springs Fire f)epanrrenl. Plans fcu the system shail [re apploveci ancl clne o1'the
dry hydrants inslall belbre an-v nelv buiidings above grade construclion is
startcd"
o Location of Fire hydrants: Best access u,hich is to hc dstermitted b-v designer'.
Clenr.vood Springs Fire Departillent ancl Argonaul Farnt orvners/supenntenclenl.
o Number and size of structures planned for each lot (the applicant gives the
number of residences but also mentions other out building may be built on each
lot) Parcel #l undet.enmned at this tirne: I'arcel #2 Ane, Parcel #3 one existing
resirlence, existing out builrJings. nerv undeterntitred; Parccl # onc residence.
othel undetermined
Access Roads:
o What are the location and size of access road./roads into and in subdivision? The
map with the application shov,,s the one existing drivev,,ay that will serue parcels
3 and 4 andno access to parcels I and2.l.,ayout and design of drivewavs to be
revier,ved ancl approved b,v Glenrvood Springs Fire Deirat1ntent prior to
c(]nstrtrcti0n.
Wildfire Hazard fuels:
o Some or all the lots may need to have wildfirehazard fuels mitigation plan
designed and submitted to the fire department for approval. Fire department
staff is available to access the site to determine if these plans are needed. Tlre
existing residential stmotut'e on parcel1 will ueecl miuinral mitisatii:n. Structure
to be construcred on the other -3 piu'cels rvill neecl to a have rviicifile hazard firels
mitigatior: plans suhuritted to and approved b-v Clenr.voocl Spnngs Fire
tr)epartment prior to thc starl of constrlrclion iind worl,i conrplcted hetore
obtaining a finial CO.
lnstalling automatic fire suppression systems in buildings:
o An automatic fire suppression system will be required in all new building 1,000
lincrease rc 1.500 rquare f'eet) square feet or larger constructed in the
subdivision. By installing these systems the amount of external water storage for
fire suppression can be reduced. For sprinl;iers huilcirng a Knox kev box shall be
installed on the strllctul'r near the fronl entrance, orciet lortn availairie at
Clenrvood Fire Arlrninistrarion Olllce. 101 \\res1 8'l'Street. Clenwood Springs.
New structures extericx' sliell constnrction r:rateriais:
I'he natural vegetation in this areil is ver.v comhatable. We recommend the
extedor si:ells of the new str-Lrcture be made o1'noir-combustilrle building
mate rials, rvith a non-combustible class A roof. B,v cclrnhining this tlzpc of
exterior huilding n:ateria! and wilclfile hazard fuels nritigation around the
slluctures they will be better ei;uip to set've a wild lancl fire.
If you have questions, please contact me. So we can clear them up before I send a copy of
the finial letter to Garfield County Planner, Rich Wheeler by September 8'n, 2005.
Sincerely,
Ronald L. Biggers
Fire Protection Analyst
Richard Wheeler, Senior Planner
Garfield County Building & Planning Department
108 Sth Sfeet
Suite 201
Glenwood Springs, CO 81601
Dear Mr. Whoeler,
On June 22,2005I received a letter and information on the Jackson Ranch, 1 17 County
Road, Glenwood Springs, CO from Sherry A. Caloia of Caloia, Houpt & Hamilton, P.C..
The letter was in reference to the subdivision exemption for the Jackson Ranch and
request we approve the water supply for fire protection at the Ranch.
This is the first contact we have had from any of the applicant about this subdivision
request. The letter states there are two wells on the property that produce 15 gallons per
minute and nothing else about the proposed water system at the Ranch. Before we can
approve the fire protection water supply the following information will need to be
submitted to the Glenwood Springs Fire Department for review:
o Amount of water storage planned
o Layout of water distribution system
. Number and size of structures planned for each lot
o Location and size of access road/roads into and in subdivision
o Does the area contain wildfire hazard fuels that need to be mitigated i.e. a
wildfire fuels mitigation plan may need to be drafted and approved.
o The residences may be required to have residential fire sprinkler systems
installed in them
The above list is not all-inclusive, as more information on this project is presented, item
may be added or removed from it.
If you have questions, please contact me.
Sincerely,
Ronald L. Biggers
Fire Protection Analyst
cc: Sherry A. Caloia
Page I of 1
Jeff Kehr
From: RonL.Biggers[rbiggers@ci.glenwood-springs.co.us]
Sent: Thursday, January 03,2008 8:43 AM
To: Jeff Kehr
Subject: FW:JacksonRanchSub-Div.Corrispondance
Attachments: Jackson Ranch subd comments cty review 76-24-05.doc; Jackson Ranch J Collins Letter 8-
30-05.doc; Jackson Ranch subd comments 6-24-05.doc; Letter dry hyd V. Stainton 10-5-
05.pdf
From: Ron L. Biggers [mailto: rbiggers@ci.glenwood-springs.co.us]
Sentr Wednesday, January 02, 2008 11:18 AM
To: 'Jeff Kehr'
Subject: Jackson Ranch Sub-Div. Corrispondance
Jeff,
The attachments contain my correspondences in 2005 on this project. Thanks for looking into this matter.
I sent this a number of times yesterday and it keeps getting kicked back to me, if you get this copy please let me
know.
Ra* Stggua. 7i* ??fzzanal 6. S . 7.D .
q70-384-6433
/i,te Spz*r/leu Sarre y',uea
U7t2008