HomeMy WebLinkAbout3.0 Resolution 2005-82.t
l]iltil illll illlll lllll [ ililll lllll ill illll llll llll
685140 |0/26/2005 04:19P 81739 P375 Il RLSDORF
1 of 4 R O.OO D g.@O GRRFIELD COUNTY C0
STATE OF COLORADO
Cormty of Gar|reld
At a meeting ofthe Board of County Commissioners for Garfield County, Colorado, held in
the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on,
Wednesday,the26h day of October,2}A5,A. D- there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
TrAsi Hount . Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION No. Y-82
A RESOLUTION CONCERNED WITH GRANTING AIY EXEMPTION FROM THE
DEFINITION OF ST]BDIVISION IN THT',64PtrOLD COT]NTY ST]BDTWSION
REGT]LATIONS FOR A 81.5 ACRE TRACT OF LAI{D OWNED BY PETER
STAINTON
WHEREAS, Peter Stainton petitioned the Board of County Commissioners of Garfield
County, Colorado, for an exemption from the definition ofthe terms "subdivision" and "subdivided
land" under C.R.S. 1973,30-28-101 (10) (a)-(d), as amended, and the Subdivision Regulations of
Garfield County Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and forthe division of
a 81.5 acre tract into four(4) kacts as legally described on the Stainton Exemption Plat with Lot 1
having 25* acres, Lot 2 having 10+ acres and Lot 3 having l0+ acres and Lot 4 having 35+; and
WIIEREAS, the property is located within the AgriculturaV Residential / Rural Density
(A/R/RD) zone district and is also located in Study Area I of the Comprehensive Plan of2000 in an
area designated as "RES M, 6 to 10 acres"; and
WIIEREAS, Section 8:52(4) of the Subdivision regulations of 1984, as amended, states that
"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 ofthe Garfield County Clerk and Recorder's Office
on January l, l973,and is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal highway, County road or railroad)
preventing joint use of the proposed tracts, and the division occurs along the public right-of-way,
)
)ss
)
..'-/. I
Iilllil ililt llilil ]lll lll lllllllul.lll llu [ll tu'aasiq@1,@tiansgs 04:19P 81739 P376 t'l RLSDoRF
)- "r q R O.A@ D A'AO GRRFIELD COUNTY C0
such parcels thereby created may, in the discretion of the Board, not be considered to have been
created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit iimitation
otherwise applicable; For the purposes of definition, all tracts of land thifly-five (35) acres or greater
in size, created after January l, lg73 , will count as parcels of iand created by exemption since
January 1,1973."
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division does not fall within the
purposes of Part 1 , Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason
thai the division does not warrant further subdivision review; and
WIIEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating
domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that
the location of septic ta*s will be permitted by the Colorado Department of Health, that the
requested division is not part of an existing or larger development and does not fall within the
general purposes and intent of the Subdivision Regulations of the State of Colorado and the County
of Com"fa, and should, therefore, be exempted from the definition of the terms "subdivision" and
"subdivided land" as set forth in C.R.S. 1973,30-28-101 (10) (a)-(d), as amended; and
WHEREAS, the Board ofCounty Commissioners of Garfield County, Colorado, onthc basis
of substantial competent evidence produced at the aforementioned hearing, has madethe following
determination of facts :
l. proper public notice was provided as required for the hearing before the Board of County
Commissioners;
Z. The hearing before the Board of County Commissioners was extensive and complete, all
pertinent facts, matters and issues wore submitted, and all interested parties were heard at
that meeting;
3. The above stated and other reasons, the proposed Exemption from the Definition of
Subdivision is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield county; and
4. The application is in conformance with the Garfield County ZonrngResolution of 1978,
as amended.
5. The application is in conformance with the Garfield County Subdivision Regulations of
1984, as amended.
NOW THEREFORE, BE IT RESOLVED, that the division of the above described 81.5
tract is hereby exempted from such definitions with the conditions set forth below and may be
2
llulll lltlt illllll lllll lll llllllllllll [illullt Ll_ll,bt{i4o 10/z;/zoo5 04:19P B17se P377 ll RLSDoRF
3 of 4 R A.A@ D O.OO GARFIELD COUNTY C0
conveyed in the fonn of the *Lots 123 and 4 of the Stainton Exemption", as are more firlly
described above and that a copy ofthe instrument or instruments of conveyance when recorded shall
be filed with this Resolution and that the following conditions of this approval required by the Board
of County Commissioners have been completed'
1. That all representations of the Applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions of
approval.
2. A plat of an approved or conditionally approved exemption shall be presented to the Board
for signature within 120 days of approval. The plat shall include a legal description of the
exempted property, and the Cotrnty's Exemption Certificate, the County Surveyor's
Certificate and a statement, "NOTE: No firther divisions by exemption from defurition 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.
3. Covenants and plat notes, restricting the lots to the following:
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. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit- AII
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 andthat all exterior lightingbe directedinward, towards
the interior ofthe subdivision, except that provisions may be made to allow for safety
iighting that goes beyond the property boundaries.
4. The applicant shall correctly identifu and submit well tests for all wells on the subject
exemption.
5. The applicant shall prepare a well sharing agreement to be incorporated into the protective
covenants.
6. The applicant shall submit a letter of approval of fire protection plan form the appropriate
fire district
Iffilll illll illllll llll lll lllllll lllll ltl lltllll!l !_ll
sbsrqa 10/26/2005 04:19P 81739 P378 l'l RLSDoRF
4 of 4 R @.AO O @.@@ GRRFIELD COUNTY C0
7. The applicant shall provide a map inventory of any County listed noxious weeds and
provide a weed management plan that will address any inventoried noxious weeds. The
applicant shall also determine the responsible party for execution and management of the
weed mitigation plan.
8. The plat shall have anote stating; "Foundations and Individual Sewage Disposal Systems shall
be engineered by a Professional Registered Engineer with the state of Colorado"
Dated this 26th day of Oclober 2005 -
ATTEST:GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
couNTY, COLORADO
Upon motion duiy made and seconded the fr
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN . AYE
COMMISSIONER LARRY L. MCCOWN . AYE
COMMISSIONER TRESI HOI'PT , AYE
STATE OF COLORADO
County of Garfield
[,County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certi-ff that the annexed
and foregoing Resolution is truly copied from the Records ofthe Proceeding ofthe Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 2405.
County Clerk and ex-officio Clerk of the Board of County Commissioners
)
)ss
)
ri
Exhibits for Public Hearing held on August l, 2005 - BOCC
Stainton Exemption - Agent: Sherry Caloia
ExhibitEnhibit Letter
(Ato Z)
A Mail Receipts
B Proof of Publication
C CarfretA County TnrungResolution of 1978, as amended
D gulations of 1984, as amended
E an of2000
F Staff Report dated 8- I -05
G Application for the Stainton Exeqpltiol
H nwood SPrittgqlite listticl-
I I etter dated 7-R-?-0O5 From Garfield CounW Road and tsndge Lrept.
latltc ).L-l 1- z9- oi fu;a- 4e nc"rJo,u< t+o'*f,
K ieirOcen P"
PROJECT INf,'ORMATION AI\D STAFF COMMENTS
REOUEST
APPLICANT
H)CC &T{E
RW
Exemption from the Definitionof SuMivrsron
Peter Stainton
Sherry Caloia CALOIA,HOUPT&HAMILTON
7434 County Road I 17 (Four Mile Road)
south of Glenwood Springs, directly east of
the Argonaut Farm
81.5 acre parcel (approximately)
Shared Wells
Individual Sewage Disposal System
CR l17 (Four Mile Road)
ARRD
ARRD
REPRESENTATWE
LOCATION
SITE DATA
WATER
SEWER
ACCESS
E)OSTING ZONING
ADJACENT ZONING
I. DESCRIPTION OF TITf, PROPOSAL
The Site: The Subject Parcel is approximately 5.5 miles south of Glenwood Springs on
Four Mile Road directly east ofthe Argonaut Farm. Currently, there is one residence on
the property. Generally speaking the property is rather steep on the eastern portion.
Scattered throughout are flatter envelopes of land. There are two new wells on the site.
One well is within view of Four Mile Road, this well is on the northern portion of the
property. The other well is northeast of the existing residence. The property is heavily
vegetated with scrub oak and natural grass. I*fi picture is the residence, risht is Opical vesebrion.
,,
The Proposal: The applicant is proposing to divide the 81.5 acre parcel into 4 lots.
Proposed lot sizes are as follows: Lot l: 25 acres,LotZ: l0 Acres, Lot 3: 10 acres,I-ot4;
35 acres. The applicant wishes to deed restrict two lots allowing only one single-farnily
home. The other two lots will be deed restricted to one single family home and one
Accessory Dwelling Unit (AD[I) each. The applicant shall be aware the proposed
ADU's are not approved as part of this application. An ADU is approved tlrough a
separate Special Use Permit.
RJFERRAL COMMBNTS
Staff referred the application to the following agencies / County Departrnents for
their review and comment. Comments received are attached as exhibits and
incorporated into the memorandum where applicable:
. Clty of Glenwood Springs: No Comments
o Glenwood Springs Fire Diskict (Exhibit H)
o Garfield County Road and Bridge Departnent: (Exhibit t)
. Garfield County Vegetation Management DeparEnent: No comments received
$8:40 SUBMITTAL MAPS AI\ID SIIPPLEMENTAL INFORJVIATION
$8:42 The following zupplemental information regarding the proposed exemption
shall be filed with the application:
A. Copy ofthe deed showing ownership ofthe applicant or a letter from the
property owner(s), if other than the applicant.
STAIT' COMMENT: Included with the Application
B. Names and addresses of ownerc of record of land immediately
adjoining and within two hundred feet (200') of the proposed
exemption, mineral owners and lessees of mineral owners ofrecord
of the property to be exempted, and tenants of any structure
proposed for conversion.
STAXT' COMMENT: Included with the application. Owner ofthe parcel is
also the mineral rights owner.
C. Evidence of the soil types and characteristics of each type.
STAXT'COMMENT: Included with the application, soil types are: Arie-
Ansari Rock outcmp complex l2-5tr/o slopes, Cochetopa-Antobus associated
with slopes 20-50Yo, Jerry-Millerlake loams l-6% slopes, Toriorthents-
Camborthids-Rock outcrop 6-65% slopes
D. Proof of legal and adequate source of domestic water for each lot created.
Proof of a legal zupply 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 meeting may be documentation from the Division of Water
Resources that demonshates that there are wells within Il4 mile of the
site producing at least five (5) gallonJminute. Prior to the signing of a
plat all physical water supplies shall demonstrate the following:
I . That a fotr (4) hour pump test be performed on the well to be used;
2. A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
3. The results of the four (4) hour pump test indicating the pumping
rate in gallons per minute and information showing drawdown and
recharge;
4. A written opinion of the person conducting the well test that this
well should be adequate to supply water to the number of proposed
lots;
5. An assumption of an average of no less than 3.5 people per
dwelling unit, using 100 gallons of water per person, per day;
6. If the well is to be share{ a legal, well sharing declaration which
discusses all easements and costs associated with the operation and
maintenance ofthe system and who will be responsible forpaying
these costs and how assessments wilt be made for these costs;
7. The water quality be tested by an independent testing laboratory
and meet State guidelines conceming bacteria and nitrates. For
water supplies based on the use of cistern, the tank shall be a
minimum of 1000 gallons.
STAFF COMMENT: Permits and well tests have been included with the
application. Well permits #45881 (Jackson Well l),263271(Jackson Well
2),263272 (Jackson Well 3). Jackson Well #1 will serve lot 3 and the
existing house. Jackson Well#2 will serve lots I and 2. Jackson Well #3
will serve lot 4. Two well tests were submitted labeled'1rppet''and "lower
well". It would appear these tests were for Jackson Wells 2 atd3. Statrwill
need the applicant to reconcile this issue and submit a third well test.
D. Method of sewage disposal, and letter ofapproval of fire protection
plan from appropriate fire district;
STAIT'COMMENT: Sewage will be served by ISDS. Concerning fire
protection, the applicants have not submitted sufficient fue protection plans.
Please see letter from Glenwood Springs Fire Distict (Exhibit H).
F. If connection to a community or municipal water or sewer system, is
proposed, a letter from the governingbody statingawillingnessand ability
to serve.
4.
STAFF COMMENT: Some lots will share wells. A well sharing agreement
will need to be incorporated into the protective covenants. All other systems
will be private
G. Nanative explaining why exemption is being requested.
STAFF COMMENT: The applicant proposes to divide the parcel into 4 lots,
to keep one ofthe lots forhimselfand sell the othertwo. The intention ofthe
applicant is to protect the rural character of the Four Mile Road by providing
larger lots and decreasing the ability to over develop. Mr. Stainton proposes
to deed restrict all the parcels to single family homes and allow two of the
four parcels to have ADU's
H. It shall be demonstrated that the parcel existed, as described on January l,
1973, or the parcel, as it exists presently, is one (l) of not more than three
(3) parcels created from a larger parcel, as it existed on January 1,19731'
and
STAFF COMMENT: lncluded with the application. The chain of title
evidencing the legal description on January l, 1973 matches the legal
description of the subject property for this application. Book and Page
ntrmbers for the title chain are as follows: 288 - 568,415-28, 65-588.
I. School fees, taxes and special assessments have been paid.
(The school impact fee is $200.00 for each lot created).
STAIT' COMMENT: The applicant shall pay the appropriate fee prior to
platting of this exemption.
$8:50 REVIEW CRITERIA
$8:51 An application for exemption must satisfr, at a minimum, all of the review
criteria listed in Section 8:52. Compliance with the review criteri4 however,
does not ensure exemption. The Board 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 discretiorl shall be approved
or denied.
$8:52 The Board shall not grant an exemption unless the division proposed for
exemption has satisfied the following criteria:
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 ofthe Garfield County Clerk and Recorder's Office on January l,
l973.lnorder to qualifi for exemption, the parcel as it existed on January
1,1973, must have been larger than thirty five (35) acres in size at that
time and not part of a recorded subdivision; however, any parcel to be
divided by exemption that is split by a public right-of-way (State or
Federal Highway, County road or railroad), preventing joint use of the
proposed tracts and the division occurs along the public right-of-way,
such parcels thereby created may, in the discretion of the Boar4 not be
considered to have been created by exemption with regard to the four (4)
lot, parcel, interest or dwelling unit limitation otherwise applicable. For
the purposes of definition, all tracts of land thirty five (35) acres or
greater in size, created after January I , l973,will count as parcels of land
created by exemption since January 1,1973.
STAXT'COMMENT: Please see previous comments about the title chain.
This standard is met.
B. AII Garfield County zoning requirements will be met;
STAFF COMMENT: The proposed lot sizes meet the minimum lot size for
the underlying zone. The proposed uses are allowed in the underlying zone.
The applicant will need to prove that each proposed lot will have a building
envelope of at least I acre with slopes less than 4}Yo.The applicant shall be
aware of all zoning requirements. This standard is met
C. Atl lots created will have legal access to a public right-of-way and any
necessary access easements have been obtained or iue in the process of
being obtained;
STAI'F COMMENT: All lots directly abut CR 117. Please see Garfield
County Road and Bridge Comments (Exhibit D. The applicant shall acquire
any applicable access or driveway permits prior to issuance of a building
permit. This standard is met.
D. Provision has been made for an adequate source of water in terms ofboth
the legal and physical quality, quantity and dependability, and a suitable
type of sewage disposal to serve each proposed lot;
STAFF COMMENT: Please see previous comments. The applicant will
need to correctly identiff the submitted well tests and submit a third test
(assumed to be Jackson Well #l). This Standard is not met.
E. All state and local environmental health and safety requirements have
been met or ar€ in the process of being met;
STAFF COMMENT: All requirements will be met by the applicant prior to
issuance of any building, grading, septic, or any other relevant permits. This
standard is met.
F. Provision has been made for any required road or storm drainage
improvements;
STAFF COMMENT: The applicant shall obtain any applicable access and
grading permits prior issuance of a building permit for any road work to be
done. The applicant has not proposed any storm drainage improvements.
This standard is met.
G. 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 suMivision development, approved by the Board of County
Commissioners and Planning Commission.
STAIT'COMMENT: The applicant has not submitted an approved fre
protection plan. Prior to issuance of a building permit the applicant shall
submit an approved fire protection plan that has becn approved by the
Glenwood Fire District. This standard is not met.
H. Any necessary drainage, irrigation or utility easements have becn obtained
or are in the process of being obtained; and
STAIT'COMMENT: The applicant is in the process of platting all existing
easements as well as identiSing any new erxements. This standard is met
L School fees, tares and special assessments have been paid.
STAIT'COMMENT: Please see previous comments. This applicant shall
pay $200.00 impact fee at the time of platting this exemption.
5. 8:60 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:
A. General conformance with the Garfield County Comprehensive Plan;
STAFF COMMENT: The property is located within Study Area 1 which
designates the properly as "Residential MH and M" on the proposed land use
designation map. This designation indicates residential development is
appropriate for this property at a density of I unit per 2 to 6 and 6 to l0 acres
which is also consistent with the minimum lot size in the ARRD zone
district. As a result, the residential use, density, and suMivision design are all
consistent with and conform to the Comprehensive Plan. This standard is met
B. Compatibility of the proposed exemption with existing land uses in the
surrounding area;
STAFF COMMENT: The applicant has stated this exemption is being
created to protect the overall character ofthe Four Mile Road. The proposed
lot sizes and uses are compatible with surrounding uses. This standard is met
C. 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;
STAIT' COMMENT: Due to the distance from the City of Glenwood
Springs, this requirement is not applicable'
D. Recommendations of any state or local agency or organizationwhose
opinion the Board determines is necessary or appropriate;
STAIT' COMMENT: Staff has received no recommendations
E. Suitability of soil, water, vegetation, geologic and topographic characteristics
of the land for the type of division proposed;
l. STAIT' COMMENT: Due to the type of soils on the subject property, staff is
recommending that atl building formdations, requiring permits, shall be engineered by a
Professional Registered Engineer with the state of Colorado.
F. Number of lots and/or multiple-dwelling units created by the proposed
exemption;
STAFF COMMBNT: Four lots are being proposed with trvo ADU's. In no way
should the proposed ADU's be construed as approved through this exemption
application. This standard is met
G. Provision for open space within the proposed exemption;
STAIT'COMMENT: The applicant is not proposing any op€n space- Due to
the General topography ofthe proposed exemption large portions oflandwill not
be develoPable.
H. Proposed density and provisions for adequate off-street parking; and
STAFF COMMENT: The applicant shall provide adequate off-street parking
prior to issuance of a building perrnit. The existing residence has adequate off
street Parking.
6. STATI'RECOMMEhIDATION AI\[D COFIDITIONS OF APPROVAL
l. A plat of an approved or conditionally approved exemption shall be presented to the Board
for signature-within 120 days of approval. The plat shall include a legal description ofthe
.*"*pt"d property, and the County's Exemption Certificate, the County Surveyor's
.cbqc* ta,..L of squtil t''n->,
, ,eso l// tk* fiz -aP/LY
-?
. lp,0
. &,n, win &t&' i
July 14,2005
To: Richard Wheeler, Senior Planner
Garfield County Building & Planning Department
108 8th Street
Suite 201
Glenwood Springs, CO 81601
From: Ronald L. Biggers
Fire Protection Analyst
Glenwood Springs Fire Department
101 West 8th Street
Glenwood Springs, CO 81601
Dear Mr. Wheeler,
On June 22,2005 I received a letter and information on the Jackson Ranch, I l7 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.l 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, 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 fbllowing:
Fire protection water supply:
o Amount of water storage planned for subdivision
o Layout of water distribution system
o Location of Fire hydrants
r 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)
Other items the applicants will need to address prior to getting fire department approval
for the subdivision are the following:
EXHIBIT
WEST 8TH STREET GLENWOOD SPIiINGS. CIOLORADO 81601 970-38.1-62180
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 andno access to parcels I and2.
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 f,rre 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.
IOI WEST 8TH STREET GLENWOOD SPRINGS. COLORADO 81601 970.384-6480 FAX 970-945-8506
GARFIELD COUNTY
Building & Planning Departmenl
Review Agency Form
Date Sent: July 8,2005
Comments Due: July 27,2005
Name of application: Jackson Exemption
Sent to: Garfield County Road & Bridge Dept.
Garfield County requests your comment in review of this project. Please notiff the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Wriuen comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff contact: Richard Wheeler
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax:970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridee Dept. has no objections with this
exemntion with the followins reouests.
A 3O-foot easement along Cr. 117 the entire leneth of the properf.v will be deeded to
Garfield and brush
easement will be removed back to the new ROW at the sub dividers expense prior to final
platt.
A drivewa), permit will issued upon final approval by the BOCC with conditions specific
to the drivewav. A stop sien will be required at the entrance of the driveway to Cr. 117.
The stop sign and installation will be as required in the MUTCD (Manual on Uniform
Traffic Control Devices). ffis condition will be required for all entrances to Cr. I17.
Name of review agency: Garfield County Road and Bridge Dept
Jake R. Mall Date July 21, 2005By:
EXHIBIT
ti*oa
Revised 3130100
Jul 28 2005 4:54PM
P.O. Box 777
693 Main Strcet
Carbondale, Colorado 81 623
Susan W. Snyder, P.C.
Afforney at Law
N0,7322 P 2i3
Telephone; (970) 9G3-9Nl
Fax: (97o) 963-6940
E-M ail : snyde r@rof - net
July 28, 2005
Garfield Gounty Board oI County Commissioners
Attn: Richard Wheeler, Building and Planning Department
108I'h Street, Suite 201
Glenwood Springs, CO 81601
By Fax: 384-3470 and Regular Mail
Re: Stainton Subdivision Exemption Application
Dear Board:
! have recently been retained by the Oak Meadows Homeowners'Association to
represent them. ln the last couple of days the Homeownors' Association became aware
of the Stainton Subdivision Exemption.
- - .. r -,1 under_stand that the hgg.rind on this sffUaiviqioftgl+i_Eption application will be during''
th-e afternbon bf Arlgust 13r,'2005,'dnO 'tnat the hearing may be continued to address
unanswered issues. -f am leaving today and will be out of state until August 8rh. Thus, the
Homeowners' Association has asked that I prepare a brief letter to raise some of their'
concerns regarding water supply, as woll as fire protection for this application.
Oak Meadows Homeowners'Association is not necessarily opposed to the new
proposed development but would like more investigation by the County and more
information for the Homeowners'Association regarding potential injury 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 property. Those new wells are in close
proximity td tfre Oak Meadows Four Mile CreekWell, 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
approvaltoi irrlgation of significant areas of lawn and garden, as well as the watering for
domestic animals. The Homeowners'Association is concerned that these new wells may
have a cumulative negative effect on the existing water supply. Perhaps the applicant
could perform an engineering study and monitor the level of water usage for the property
to demonstrate thatlhere will be no material injury to the Oak Meadows homeowners'
.Jul 2B 200[ 4:54P]v1 lrl" lll'l D 111lU,I ULL M n
water supply.
The Oak Meadows Homeowners'Association would like fire protec{ion 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 usago and other potential
plans. Thus, the Oak Meadows Homeowners'Association would like this mattercontinued
beyond the August l"rhearing and would reguest that you do so.
Thank you for your attention to these concerns..'
Very truly yours,
SUSAN W. SNYDER. P.C.
SWS:bw
cc: Oak Meadows Homeowners' Association
' Ju 28 2oob -Htru*,l$un'frl*
\ -JUL 2 I 2005
i--lir,:. .-. ., . -$$san W. Snyder, P.G.
E"irir,oir.rc & PLA.i''li''llNG Attorney at Law
P.O, Box 777
693 Maln Street
Carbondale, Golomdo 81 623
Ll " ll?! D 1/1llU,lULL I llv
. . r'.ir..
Telephone : (970) 963-900 1
Fax: (970) 963-6940
E-Mall: snyde@mf.net
FA)( GOVER SHEET
DATE: 7128105TO: Garfield County Board of County Commissioners FAX #: 384-3470
Attn: Richard Wheelor, Building and Planning Dopartmont
FROM: Susan Snyder No. of pages including cover sheet: 3
Stainton Subdivision Exemption
COMMENTS: Dear Richard, Please see attached letter. Thanks, Susan Snyder.
ORIGINAL DOCUMENTS WILL:X Follow by regular mail
Follow by express delivery
Notbe;sent
' (ud - - -;.,^^. .,-'r. . _. .r, -- -._,i:'-r-*""'-
Please notify us immediately if this fax transmisslon is not received properly.
This FAX is confidential and attomey-client pivileged, and is intended only forthe use of
fheaddressee. The usa, disfabution, orcopyingof thisdocumentbyanyoneolherthanthe
addressea is prohibited- lf you have received this FN( in effor, please notify us
immediately-by telephone and retum the original fax by mail to the address on this cover
sheaf. Thankyou.
RESTRICTIVE COVENANTS AND
WELL SHARING AGREEMENT
THIS DECLARATION OF COVENANTS, WELL SHARING AGREEMENT ATTd
ROAD SGHARING AGREEMENT is made this _ day of August, 2005, by Peter Stainton the
owner of the property (refened to herein as "Owner").
WITNESSETH:
WHEREAS, Owners owns title to the real property described on the attached Exhibit A
which has been divided into four Parcels called the Stainton Subdivision Exemption described at
Book Page _ 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 and one existing Jackson well located within the
subdivision to be used for the four Parcels and a sharing agreement is necessary; and
WHEREAS there is one shared driveway for Parcels 3 and 4; and
WHEREAS, establishment of a home owners association and setting forth these
covenants are necessary to ensure the proper use and care of said Parcels, improvements
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 any right, title or interest in the Property, or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
These Covenants shall run with and burden the land described in Exhibit A and referred
to herein as the Stainton Subdivision 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 Declarants,
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 Stainton
Parcels 1 through 4 and for the benefit of the property located directly west in Section 22 and
across County Road 117, which property is now owned by VHS limited Partnership LLLP
(Hereafter "VHS property").
I. WELL SHARING AGREEMENT
APPLIES TO ALL PARCELS
1. 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:
EXHIBIT
KStainton-Covenants
Stainton Jackson Exemption
Covenants
Page2
lNo. 1.W it No. 45881(W Case W-350) shall be owned Lby 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 jointty by Parcels t and,2
and may be used for 2 single family residences on Parcel I and 1 single family residence on .,
Parcel2. Additionally Parcel 1 shall be allowed irrigation of up to 30,000 square feet of lawn J
and garden and Parcel 2 shall be allowed 13,000 feet of irrigation. Both Parcels may use the well
for the watering of livestock as allowed by the covenants.
Jackson Well No. 3. Well Permit No. 263272 shall be jointly owned by parcels 3 and 4
and may be used for one single family dwelling on Parcel 3 with about 15,000 square feet of {1
irrigation and for 2 single family residences on Parcel 4 with 15,000 square feet of irrigation per J
party, Both Parcels may use the well for the watering of livestock as allowed by the covenants.
2. Water System Easements. All parties shall have an easement to access the well
they co-own and all pumphouses, storage tanks, pipelines, and other workings associated with
the delivery of potable water to each property for reasonable operation and maintenance
purposes. Such easement includes a right to free and unrestricted access for such purposes and
shall be twenty (20) feet in diameter surrounding the well and storage tanks (if any) and 20 feet
in width (10 feet either 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 parties shall immediately be provided with a key and
shall not otherwise be restricted from accessing the Potable Water System. The reciprocal
easements granted herein shall be for the benefit of all Parcels using said well. The parties shall
only have access to the well and waterline for operation, maintenance, repair, and replacement of
the well, pump, pipelines and appurtenant facilities and shall not use this easement for any purpose
unrelated 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 apart 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 for
their joint benefit. Copies of all such mail and documentation shall be promptly provided to other
party using the well, or made available for review at the convenience 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 conseryationist manner (e.g. water shall not be
allowed to run continuously). If any stock tanks 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. The parties
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 treatment shall be at the option of each
individual party.
Stainton-Covenants
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 co-owner of the well shall be entitled to
undertake any maintenance, repair, replacement or improvement necessary and essential to allow
continued water service. In the event that any owner decides to undertake any such work absent
the consent of any other party, he or she shall notify the other party in writing. The paty
undertaking 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 allocation 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 incurring 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 Maintenance Expenses. The parties served by the Well shall
each pay their pro-rata amount of the costs of maintenance, operation, electricity, repair, and
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 electricity costs shall be assessed against that party. In addition, the owner(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-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 corurected to
the electrical meter for the well his share of the electricity 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. Collection of Joint 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 other common expenses within 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
presentment 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
Stainton-Covenants
Stainton Jackson Exemption
Covenants
Page 4
party fails to pay any amount due, including any accrued interest, within six months from the
date of presentment for payment, water service to the delinquent Parcel may be discontinued.
However, notice shall first be given to the non-compliant party by certified 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 party'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 incurred by any party in the process of collecting any amount due ftom
any other property owner(s) pursuant to the terms of this Declaration shall be paid by the
delinquent party(s).
II. SHARED DRIVEWAY
APPLIES TO PARCELS 3 AND 4 ONLY
1. Shared Driveway Parcels 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 owner.
2. Collection of Joint Expenses. Any party who incurs expenses associated with
the shaded portion of the driveway shall levy and collect from the other party his or 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 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 presentment 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 party fails to pay any
amount due, including any accrued interest, within six months from the date of presentment for
payment, the party who incurred 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 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 attorneys' 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
party(s).
III DECLARATION OF COVENANTS
APPLIES TO ALL PARCELS
1. Home 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 forth herein. The Association shall be governed by the provisions
Stainton-Covenants
Stainton Jackson Exemption
Covenants
Page 5
of Section 7-30-105 C.R.S. 1973 as amended (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 structures designed to blend into and complement the natural
surroundings.
3. Buildings Allowed No more than one (1) detached single-family dwelling and
one (l) Additional dwelling unit shall be erected upon each of Parcels 1 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 1 and 4 may be required to obtain the
approval of Garfield County before a second residential unit is allowed on such Parcels.
4. Commercial Uses Forbidden No building or structure intended for or adapted to
commercial, or manufacturing purposes shall be erected, constructed, placed, maintained or
permited 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 allowed. However, such home occupations shall be limited
to the following restrictions: (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 single family residence generates ten car
trips per day a substantial increase is defined as more than a 50% increase on the average) (3) no
additional noise shall be generated which affects neighboring Parcels; and (4) all 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 from the neighboring Parcels or from the VHS
property across the County Road 117.
6. Building Envelope. All structures of any kind erected, constructed or placed
on any Parcel shall be located completely within the boundaries of the building envelope, if any,
designated for such Parcel as described and depicted on Exhibit A attached hireto. 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 subject
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.
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 measured on the
outside foundation walls, exclusive of open porches, garages, and carports.
Stainton-Covenants
Stainton Jackson Exemption
Covenants
Page 6
9. Height 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 four (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
case by case basis.
10. Buildings. All buildings shall be constructed so as to blend into the natural
environment and to be as unobtrusive 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 or the VHS property. Skylights shall not allow light to emanate
from the interior at night in a manner which is visible to the neighboring Parcels or the VHS
property. The height of structures shall be limited so as not to protrude upward above the natural
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 minimum amount of natural landscaping is disturbed and the trees and shrubbery is
maintained to the maximum extent possible.
I 1. 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 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 within 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
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
structures 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 property in
any location which would afrract wildlife. Animals shall be cared for by the parcel owner in a
manner which does not create a nuisance or any disturbance that is overly burdensome to the
neighboring parcel owners. Such 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 growth shall be kept trimmed and neat so
as to avoid unsightliness, and in compliance with all state and local weed control requirements.
Stainton-Covenants
Stainton Jackson Exemption
Covenants
Page 7
16. Nuisances No noxious or offensive conduct or activity shall be carried on upon
any Parcel or in any structure thereon which may constitute a health hazard, nuisance or
annoyance to proximate Parcel owners and inhabitants.
17. 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 commercial vehicle,
disabled, junk, unregistered or abandoned vehicles shall be parked or stored in, on or about any
Parcel, except within a completely enclosed 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 longerthan 120 days.
19. Recreational Vehicles All boats, campers (on or off supporting vehicles),
recreational 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 during those recreational seasons that such vehicles are in use
20. Enforcement. The owner of any Parcel or Parcels within Jackson 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
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.
21. 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 Exhibit A, other than as provided in the Declaration of Covenants.
22. Amendment. These Covenants 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 in the Jackson Exemption Subdivision and the owner of the VHS property with
respect to paragraphs 2 through 24 of Section III only. With respect to those provisions which
apply only to numbered parcels amendments may be made with the consent of all of the parcel
owners affected enumerated herein. Such consent shall not be unreasonably withheld 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.
23. Term. Unless otherwise cancelled and/or terminated in accordance with the terms
of these Covenants, these Covenants and any amendments hereto, shall remain in effect in
perpetuity.
Stainton-Covenants
Stainton Jackson Exemption
Covenants
Page 8
24. 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.
25. Headings The headings for the paragraphs herein are for reference only and are
not part of, and shall not define, limit, amplifu, change or alter 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 natural
person as well as any legal and/or statutory entity. No failure to enforce any right established in
these 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.
26. Additional beneficiary. The provisions of paragraphs numbered 2 throu gh 24,
Section III are adopted for the benefit of the Parcel owners as well as the VHS property and any
amendment thereto shall be agreed to by the owner of the VHS property as well as owners of
three ofthe four Parcels.
IN WITNESS WHEREOF, the undersigned Declarant have executed this Declaration of
Covenants, Conditions and Restrictions on the date first written above.
PETER STAINTON
By
Peter Stainton, Owner
STATE OF COLORADO
COLTNTY OF GARFIELD
Acknowledged, subscribed, and sworn to before me this _ day of August, 2005, by Peter
Stainton.
WITNESS my hand and official seal. My Commission expires:
Notary Public
)
) ss.
)
Stainton-Covenants