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HomeMy WebLinkAbout1.00 General Application Materials_Part3 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com ONSITE WASTEWATER TREATMENT SYSTEM (OWTS) APPLICATION CHECKLIST SEWAGE DISPOSAL PERMIT CHECKLIST Permit applications can be obtained and submitted to the Garfield County Community Development Department located at 108 8th Street, Suite 401, Glenwood Springs, CO. See below for additional information. All applications are required to be submitted in person. PERMIT APPLICATION & SUBMITTAL REQUIREMENTS:  Complete application.  1 Copy of a Site Plan that includes well, all streams, irrigation ditches and any water courses. Draw in your house, septic tank and system, detached garages and driveway. If a change of location is necessary, you must submit a corrected drawing.  Engineered Systems will need a copy of soil evaluation/ perk rate and design for our records prior to final inspection. FEES: FEES ARE NOT REFUNDABLE. Payment is required at time of submittal. Make Check payable to: Garfield County Treasurer  Septic Permit for a New installation …………………………….……………….$123.00  Septic Permit for Alteration and/or Repair …………..…………………………..$75.00  Septic Perk test …………………………………………………..………………..$150.00 ATTACHMENTS:  Percolation Test Instructions.  Recommended minimum requirements for Onsite Wastewater Treatment System (OWTS). FINAL INSPECTION:  When all components are in place, connected and ready to cover, request a final inspection by the County Inspector.  DO NOT backfill any part of the system prior to the inspection.  The initial fee covers the percolation test and one (1) inspection before cover up. Any additional percolation test will be charged at $150.00 each and additional inspections will be charged at $50.00 each.  Upon final approval, carefully cover the entire system.  Engineered Systems are inspected by the Engineer prior to backfill. A final sealed letter by the Engineer is required to be submitted to Garfield County. As built drawings are required. (Applicant’s Copy) (Applicant’s Copy) PERCOLATION TEST INSTRUCTIONS • The successful operation of your septic system depends on the rate the soil in which your leach field will be installed will accept water. • THIS IS CRITICAL - If instructions are not followed completely, technician may not do the perk test and you will be charge a $50.00 fee for 2nd visit. • The rate of absorption is called the percolation rate and it determines the size of the leach field needed for a particular flow of sewage and in some cases even determines the feasibility of the installation of a septic tank and leach field system. • PERCOLATION TEST MUST BE DONE AT THE GROUND DEPTH WHERE ABSORPTION WILL TAKE PLACE. STANDARD LEACH FIELDS ARE INSTALLED THREE (3) FEET DEEP, SO THE THREE (3) PERCOLATION HOLES ARE DUG FOUR (4) FEET DEEP, AT LEAST TWENTY (20) FEET APART, IN A TRIANGULAR SHAPE. THE PERCOLATION TEST IS DONE IN THE BOTTOM ONE (1) FOOT OF THE HOLE. Post Hole Backhoe Hole A posthole digger, auger or backhoe can be used to dig the percolation test holes. If a back hoe is used, dig the backhoe hole 3 feet deep, with 2 steps or a ramp. Put a test hole 1 foot deep and 8 to 12 inches in diameter in the bottom. Installation of absorption areas (i.e. drywells) deeper than 3 feet require the permission of the Environmental Health Department. All dry wells shall be designed by an Engineer registered in the State of Colorado. Saturation with water will affect the percolation rate, and since the system will be expected to operate when the soil is saturated with water, THE LOWER TEST HOLE MUST BE FILLED WITH WATER AT LEAST 8 HOURS BEFORE THE TEST AND ALLOWED TO STAND. More water will be needed to perform the percolation test, so AT LEAST 5 GALLONS OF WATER PER HOLE SHOULD BE ON HAND WHEN THE TEST IS PERFORMED. AN 8 FOOT PROFILE HOLE IN THE LEACH FIELD AREA IS REQUIRED BY THE STATE OF COLORADO TO DETERMINE THE PROXIMITY OF GROUND WATER AND BEDROCK. One soil profile hole shall be dug to provide observation of the soil profile of the area of the soil absorption system. The hole shall be prepared at least 8 feet deep. The hole may be terminated when ground water or bedrock is encountered. The hole shall be prepared in such a way as to provide identification of the soil profile 4 feet below the bottom of the soil absorption system. If ground water is found in any perk or profile hole, an engineered system is required. Percolation rates faster than 5 minutes per inch or slower than 60 minutes per inch will require an engineered system and/ or Board of Health approval. (Applicant’s Copy) RECOMMENDED MINIMUM REQUIREMENTS FOR ONSITE WASTEWATER TREATEMENT SYSTEM (OWTS) Before construction is started, the Inspector must be contacted for approval and detailed information concerning the proposed disposal system is needed. Higher standards than those which follow may be required in individual cases to assure attainment of the objective. Those objectives are to locate, construct and maintain onsite wastewater treatment systems in such a manner that existing or contemplated water supplies will not become contaminated and so that sewage will not overflow the ground surface and result in a nuisance or health hazard. LIQUID CAPACITY OF TANK (GALLONS) (Provide for use of garbage grinder, automatic clothes washer and other water using household appliances). Number of Bedrooms Recommended Minimum Tank Capacity 3 or less 1,000 gallons 4 or less 1,250 gallons For each additional bedroom, add 250 gallons A Dwelling on less than two acres, areas of high water tables, or areas with a percolation test rate faster than 1 inch in 5 minutes must have alternative sewage facilities, i.e., central collection, holding tanks, individual treatment, etc. EXEMPTION: Absorption areas may be allowed with percolation rates faster than 1 inch in 5 minutes provided the soil is a sandy texture and no water table problems are encountered. An Engineer is required. Slopes greater than 30% also require an Engineered System. 1. Maximum length of drainage line: 100 linear feet 2. Minimum width of drainage trench: 18 inches 3. Minimum spacing between trenches or pipes: 6 feet 4. Maximum grade of drainage system: As level as possible 5. Minimum depth rock under drain PVC: 6” under PVC, 2” over PVC 6. Minimum depth of cover over distribution lines: 12 inches 7. Maximum depth of cover over distribution lines: Variable 8. Minimum grade of house sewer: 1/8 to ¼” per linear ft. 9. Minimum distance of sewage disposal system from dwelling: 20 feet 10. Minimum distance of septic tank from dwelling: 5 feet 11. Minimum distance of leaching area to a well: 100 feet 12. Minimum distance of septic tank to a well: 50 feet 13. Minimum distance of leaching area to a stream of water course: 50 feet 14. Minimum distance from septic tank and disposal field to property lines: 10 feet for drywell 10 feet for leach field. 15. Minimum sewer pipe and distribution pipe: 4 inch diameter  Septic tank construction should be of concrete material that will resist deterioration and which can be made reasonably watertight. See code for septic tank specifications.  If the house sewer line is longer than 10 feet between house and septic tank, a clean-out Y should be installed outside as near as practical to the house.  Septic tanks should be inspected once a year and cleaned when necessary. Cleaning is recommended when space between the scum accumulation and sludge residue on the tank bottom is less than eighteen (18) inches.  The Department recommends pumping a septic tank once every four (4) years, when a yearly inspection by the owner is not practical.  Effluent screen is required in all new and replaced septic tanks, providing access to maintain effluent screen. Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com ONSITE WASTEWATER TREATMENT SYSTEM (OWTS) PERMIT APPLICATION TYPE OF CONSTRUCTION  New Installation  Alteration  Repair WASTE TYPE  Dwelling  Transient Use  Comm./Industrial  Non-Domestic  Other Describe ____________________________________________________________________ INVOLVED PARTIES Property Owner: _________________________________________ Phone: (______)_________________ Mailing Address: _______________________________________________________________________ Email Address: _________________________________________________________________________ Contractor: _____________________________________________ Phone: (______)_________________ Mailing Address: _______________________________________________________________________ Email Address: _________________________________________________________________________ Engineer: ______________________________________________ Phone: (______)_________________ Mailing Address: _______________________________________________________________________ Email Address: _________________________________________________________________________ PROJECT NAME AND LOCATION Job Address: ___________________________________________________________________________ Assessor’s Parcel Number: _________________Sub. _____________________ Lot ______ Block _____ Building or Service Type: _________________________ #Bedrooms: __________ Garbage Disposal(Y/N)______ Distance to Nearest Community Sewer System: _____________________________________________ Was an effort made to connect to the Community Sewer System: ______________________________ Type of OWTS  Septic Tank  Aeration Plant  Vault  Vault Privy  Composting Toilet  Recycling, Potable Use  Recycling  Pit Privy  Incineration Toilet  Chemical Toilet  Other ______________________________________________ Ground Conditions Depth to 1st Ground water table _____________ Percent Ground Slope _________________ Final Disposal by  Absorption trench, Bed or Pit  Underground Dispersal  Above Ground Dispersal  Evapotranspiration  Wastewater Pond  Sand Filter  Other ______________________________________________________________________ Water Source & Type  Well  Spring  Stream or Creek  Cistern  Community Water System Name _________________________________________________ Effluent Will Effluent be discharged directly into waters of the State?  Yes  No CERTIFICATION Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional test and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and legal action for perjury as provided by law. I hereby acknowledge that I have read and understand the Notice and Certification above as well as have provided the required information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Property Owner Print and Sign Date OFFICIAL USE ONLY Special Conditions: Permit Fee: Perk Fee: Total Fees: Fees Paid: Building Permit Septic Permit: Issue Date: Balance Due: BUILDING/ PLANNING DIVISION: _________________________________________________________ ___________ Signed Approval Date I l l Reeeption#: 798183 Jean Doc GARFIELD COUNTY CO Revised and Resrated Protective Mountain Springs Ranch Page 10 'Ill Il 01/31f2Ø11 pm I of Rec Fee: Fee:O.ØO These REVISED AND RESTATED PROTECTIVE COVENANTS FOR MOUNTAIN SPRINGS RANCH (the "Revised Protective Covenants"), reflect all changes made to the Protective Covenants through the date of adoption of the Seventh Amended Protective Covenants for Mountain Springs Ranch, February 21, 2008. RECITALS 1. WHEREAS, Protective Covenants for Mountain Springs Ranch are recorded in the Records of the Clerk and Recorder, Garfield County, Colorado, as follows: Protective Covenants for Mountain Springs Ranch, adopted January 30, 1980, recorded in Book 543 at Pages 438 to 448, as Reception No. 301477 (the "Protective Covenants"); Amended Protective Covenants, adopted July 25, 1980, recorded in Book 552 at Pages 624 to 627, as Reception No. 305979; Second Amended Protective Covenants, adopted July 30, 1980, recorded in Book 552 at Pages 959 to 961, as Reception No. 306120; Third Amended Protective Covenants, adopted June 16, 1981, recorded in Book 577 at Pages 167 to 168, as Reception No. 317153; Fourth Amended Protective Covenants, adopted July 23, 1999, recorded in Book 1141 at Pages 626 to 628, as Reception No. 549314; Fifth Amended Protective Covenants, adopted October 1, 2002, recorded in Book 1425 at Pages 427 to 428, as Reception No, 618354; Sixth- Amended Protective Covenants, adopted November 11, 2004, recorded in Book 1836 at Pages 102 to 105, as Reception No. 705323; and Seventh Amerided Protective Covenants, adopted February 21, 2008, recorded as Reception No. 751197 (collectively, the "Amended Protective Covenants"). 2. WHEREAS, pursuant to C.R.S. 538-33.3-118(2), at a meeting duly noticed and held on October 1, 2002, a quorum of the MOUNTAIN SPRINGS RANCH HOIvmOWNERS ASSOCIATION ('the Association") membership entitled to vote on the election to be treated as a common interest community was present in person or by proxy, and unanimously voted in favor of authorizing the acceptance of the provisions of the Colorado Common Interest Ownership Act ("CCIOA"), subjecting all the lands in Mountain Springs Ranch to all of the provisions of CCIOA. Source: Statement of Election to Accept the Provisions of the Colorado Common Interest Ownership Act, adopted October l, 2002, and Fifth Amended Protective Covenants, adopted October 1, 2002. 3. WHEREAS, pursuant to the authority reserved to the Association in Article XI, Paragraph 2 of the Protective Covenants for Mountain Springs Ranch, the Association desires to revise and restate the protective covenants for the property known as Mountain Springs Ranch, Garfield County, Colorado, to correct typographical and technical errors in the Protective Covenants and the Amended Protective Covenants, to delete an unnecessary 793183 Jean Doc GARFIELD COUNTY CO Revised and Restated Protective Covenantsfor Mountain Springs Ranch Page 2 14 reference to Glenwood Mountain Ltd., the original covenanter, and to consolidate and replace the Protective Covenants and the Amended Protective Covenants with these REVISED AND RESTATED PROTECTIVE COVENANTS FOR MOUNTAIN SPRINGS RANCH. 4. NOW, THEREFORE, these REVISED AND RESTATED PROTECTIVE COVENANTS FOR MOUNTAIN SPRNGS RANCH, from and after their execution by the Association and recording in the Records of the Clerk and Recorder, Garfield County, Colorado, shall supersede and replace the Protective Covenants and the Amended Protective Covenants in all respects. Covenantsfor I of 01 /31 /2n1 1 Reception#: PM Alberico 2 of 10 Fee:$56. OØ Fee:ø.ØO The real property constituting Mountain Springs Ranch, Garfield County, Colorado is legally described as follows: WV2SWV4 of Section 17; S l/2SE l/4 of Section 18; NIhSE% and NI/2 of Lot 8 in Section 18; the North Half (Nh) of Lot 8 shall be defined by a dividing line between the NV2 and the Sh of said Lot 8, which dividing line is parallel to the North line of Lot 8; E l/2SE 1/4 of Section19; SWI/4, of Section 20; NW%, Nih NE IL, SW%, of Section 29; El/2NE% of Section 30; and NEV4NWl/4 of Section 32, all in Tmmship 6 south, Range 89 West of the 6th P.M.; excepting from the real property described above the tracts of land described in Doctunent No. 240400 in Book 392 at Page 581 and Document No. 249189 in Book 417 at Page 512 of the Records of the Clerk and Recorder, Garfield County, Colorado; and the NE%, Lot l, and the Nh of Lot 8 in Section 19, Township 6 South, Range 89 West of the P.M.; the NI/2 of said Lot 8 shall be defined by a dividing line between the Nh and the Sh of said Lot 8 which dividing line is parallel to the North line of said Lot 8; the of Scction 20, Township 6 South, Range 89 West of the 6Øi P.M. ARTICLE 1 PURPOSE OF COVENANTS 1. General Requirements. All of the foregoing recitals are affirmed and incorporated herein by reference. It is the intention of the owner, their heirs, successors and assigns, expressed by its execution of this instrument, that the lands within Mountain Springs Ranch be developed and maintained as a highly desirable rural recreational residential area. It is the purpose of these covenants that the present natural beauty, the natural growth and native setting and surroundings of Mountain Springs Ranch shall always be protected insofar as is possible I l l Reeeption#: 798183 Jean Doc GARFIELD COUNTY CO Revised and Restated Protective Mountain Springs Ranch Page 3 14 in connection with the uses and structures permitted by this instrument. It is of primary intent that the seclusion of each home site in Mountain Springs Ranch from neighboring home sites shall be protected insofar as is possible. Source: Sixth Amended Protective Covenants for Mountain Springs Ranch, adopted November 11, 2004. ARTICLE 11 DEFINITIONS 1. Residential Tracts. All of the tracts shall be residential tracts. 2. Mountain Springs Ranch. The word "Mountain Springs Ranch" as used in these covenants shall mean all of the lands included within Mountain Springs Ranch. of 3 of qø Fee;$56.OØ Alberict ARTICLE 111 MOUNTAIN SPRINGS RANCH HOME OWNERS ASSOCIATION 1. Membership in Mountain Springs Ranch Home Owners Association. All persons or associations (other than Mountain Springs Ranch Home Owners Association) who or acquire the title in fee to any of the lands in Mountain Springs Ranch, by whatever means acquired, shall automatically become Members of MOUNTAIN SPRINGS RANCH HOMEOWNERS ASSOCIATION, a Colorado corporation not for profit, in accordance with the Articles of Incorporation of said MOUNTAIN SPRINGS RANCH HOME OWNERS ASSOCIATION as presently in effect and recorded or filed in the records of Garfield County, Colorado, and as the same may be duly amended from time to time and also filed or recorded in the Garfield County records. ARTICLE IV ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Committee shall mean the Board of Trustees of MOUNTAIN SPRINGS RANCH HOME OWNERS ASSOCIATION, a 793183 Jean Doc GARFIELD COUNTY CO Revised and Restated Protective Covenantsfor Mountain Springs Ranch Page 4 14 Colorado corporation not for profit, as said Board of Trustees is presently constituted and shall be constituted from time to time in the future. Said Architectural Committee shall have and exercise all of the powers, duties, and responsibilities set out in this instrument. 2. Approval By Architectural Committee. No improvements of any kind including but not limited to dwelling houses, barns, stables, outbuildings, swimming pools, tennis courts, ponds, parking areas, fences, walls, garages, drives, antennae, flagpoles, curbs, and walks, shall ever be constructed or altered on any lands within Mountain Springs Ranch, nor may any vegetation be altered or destroyed nor any landscaping performed on any tract, except for the creation of a fire defensible zones, unless the complete architectural plans for such construction or alteration or landscaping are approved in writing by the Architectural Committee prior to the commencement of such work. In the event the Architectural Committee fails to take any action within 60 days after complete architectural plans for such work have been submitted to it, then all of such submitted architectural plans shall be deemed to be approved. In the event the Architectural Committee shall disapprove any architectural plans, the person or association submitting such architectural plans may appeal the matter to the next annual Or special meeting ofthe Members of MOUNTAIN SPRINGS RANCH HOME OWNERS ASSOCIATION, where a vote of at least two-thirds of the votes entitled to be cast at said meeting shall be required to change the decision of the Architectural Committee. Source: Sixth Amended Protective Covenants for Mountain Springs Ranch, adopted November 11, 2004, 3. Variances, Where circumstances such as topography, location of property lines, location of trees and brush, or other matters require, the Architectural Committee may, by a twothirds vote, allow reasonable variances as to any of the covenants contained in this instrument, on such terms and conditions as it shall require, provided that no such variance shall be finally allowed until 30 days after the Architectural Committee shall have mailed a notice of such variance to each Member of MOUNTAIN SPRINGS RANCH HOME OWNERS ASSOCIATION. In the event any three Members shall notify the Architectural Committee in Covenantsfor of I l l 798183 pm Jean Doc GARFIELD COUNTY CO Revised and Restated Protective Covenantsfor Mountain Springs Ranch Page 5 14 RaceptionW: 01 /31 /201 1 4 of IQ) Rec Fee;$SE.OØ writing of their objection to such variance within said 30-day period, the variance shall not be allowed until such time as it shall have been approved by a vote of at least two-thirds of the votes entitled to be cast at an annual or special meeting of the Members of MOUNTAIN SPRINGS RANCH HOME OWNERS ASSOCIATION. 4. General Requirements. The Architectural Cornrnittee shall exercise its best judgment to see that all improvements, construction, landscaping, and alterations on the lands within Mountain Springs Ranch conform and harmonize the natural surroundings and with existing structures as to external design, materials, color, siting, height, topography, grade, and finished ground elevation. It is particularly notcd that dwelling height should conform as far as is practical with height of sun•ounding vegetation. Colors of dwellings should be in harmony with natural surroundings. The Architectural Committee shall protect the seclusion of each home site from other home sites insofar as possible. 5• Persons or associations who anticipate constructing improvements on lands within Mountain Springs Ranch, whether they already own lands in Mountain Springs Ranch or are contemplating the purchase of such lands, may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval, but the Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural plans are submitted and approved or disapproved. 6. Architectural Plans. The Architectural Committee shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by these covenants. 7. Architectural Committee Not Liable. The Architectural Committee shall not be liable in damages to any person or association submitting any architectural plans for approval, or to any owner or ovvners of lands within Mountain Springs Ranch, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such architectural plans. Any person or association acquiring the title to any property in Mountain Springs Ranch, or any person or association submitting plans to the Architectural Committee for approval, by so doing does agree and covenant that he or it will not bring any action or suit to recover damages against the Architectural Committee, its members as individuals, or its advisors, employees, or agents. 8. Written Records. The Architectural Committee shall keep and safeguard for at least Il l Reception#: 798183 pm Jean Alberioo Doc Fee:Ø.ØO GARFIELD COUNTY CO Revised and Restated Protective Covenantsfor Mountain Springs Ranch Page 6 14 five years complete permanent written records of all applications for approval submitted to it (including one set of all architectural plans so submitted) and of all actions of approval or disapproval and all other actions taken by it under the provisions of this instrument. ARTICLE V GENERAL RESTRICTIONS ON ALL TRACTS 1. No mining, quarrying, tunneling, excavating, or drilling for any substances within the earth, including oil, gas, minerals, gravel, sand, rock, and of 01 /31/201 1 5 of 10 Rec Fee: $56.00 Fee:ø .00 earth, shall ever be permitted by the MOUNTAIN SPRINGS RANCH HOME OWNERS ASSOCIATION. 2. No Business Uses. No lands within Mountain Springs Ranch shall ever be occupied or used for any commercial or business purpose nor for any noxious activity and nothing shall be done or permitted to be done on any of said lands which is a nuisance or might become a nuisance to the ovmer or owners of any of said lands. No store, office, commercial shop or repair place, or other place of commercial or professional business of any kind; nor any hospital, sanitorium, or other place for the care or treatment of the sick or disabled, physically or mentally; nor any public theater, bar, restaurant, or other public place of entertainment; nor any church', nor any residential building housing more than one family; shall ever be constructed altered, or permitted to remain within Mountain Springs Ranch. 3. Signs. With the exception of one "For Rent" or "For Sale" sign (which shall not be larger than 20 x 26 inches) and except for one entrance gate sign of a style and design approved by the Architectural Committee, no advertising signs, billboards, unsightly objects, or nuisances shall be erected, altered, or permitted to remain on any tract in Mountain Springs Ranch. 4. Animals. No animals or poultry shall be kept on any lands in Mountain Springs Ranch except ordinary household pets belonging to the household and horses and cows. Other Il l Reception#: 793183 pm Jean Doo GARFIELD COUNTY CO Revised and Restated Protective Covenantsfor Mountain Springs Ranch Page 7 14 animals or poultry may be kept only with the prior umitten permission of the Architectural Committee. The Architectural Committee may require any owner or lessor of lands within Mountain Springs Ranch to remove any animals or poultry except ordinary household pets, from his premises, if in the opinion of the Architectural Committee the lands are overgrazed or the animals or poultry constitute an annoyance to the owners of neighboring tracts. No horses or cows will be permitted to be kept on any residential tract not having sufficient pasture or other food supply to maintain them adequately. Animals and poulfry, other than ordinary household pets, must be kept within an enclosed area which must be kept clean, sanitary and reasonably free of refuse, insects, and waste at all times. 5. Subdivision. No fract of land of less than 15 acres shall ever be created within the Mountain Springs Ranch; provided, that conveyances or dedications of easements for utilities or private roads may be made for less than all of one tract. No fract of more than 34 (thirty-four) acres shall be divided for 30 months after the original date of purchase from Glenwood Mountain, Ltd., the developer. Source: Amended Protective Covenants for Mountain Springs Ranch, adopted July 25, 1980. 6. Combining Tracts. If two or more contiguous residential tracts are owned by the same owner or owners, they may be combined into one or more larger residential tracts by means of a vyritten document executed and acknowledged by all of the owners thereof, approved by the Architectural Committee, and recorded in the real property records of Garfield County, Colorado. 7. Service Yards and Trash. All clothes lines, equipment, service yards, woodpiles, or storage piles on any tract in Mountain Springs Ranch shall be kept screened by adequate planting or fencing so as to conceal them from the view of neighboring tracts and streets and access roads. of Il 01/31 /2011 6 of 10 Rec Fee: $56.00 All rubbish and trash shall be removed from all tracts in Mountain Springs Ranch and shall not be allowed to accumulate within the area known as Mountain Springs Ranch. All burning is prohibited. ARTICLE VI Il l Reception#: 798183 pm Jean Alberioo Doc Fee:Ø.ØO GARFIELD COUNTY CO Revised and Restated Protective Covenantsfor Mountain Springs Ranch Page 8 14 RESTRICTIONS ON RESIDENTIAL TRACTS 1. Number and Location of Buildings. No buildings or structures shall be placed, erected, altered, or permitted to remain on any residential tract other than: (1) One detached single-family dwelling house; and (2) One guest or servant house; and (3) One attached or detached garage; and (4) One barn or stable or other non-residential outbuilding other than a garage. No temporary building or other temporary structure shall be constructed or allowed to remain on any residential tract. No dwelling house shall be placed, erected, altered, or permitted to remain on any residential fract at any site or location other than within a radius of 100 feet of the site or sites as staked on the ground by the owners and indicated on sales plat, except as otherwise specifically permitted by the Architectural Committee. No building shall be permitted within -50 feet of any side line or within 100 feet of any road in any case. 2. Dwelling House to be Constructed First. No guest house, servant house, garage, barn, stable, or other outbuilding shall be consüucted on any residential tract until after commencement of construction of the dwelling house on the same residential tract. All construction aqd alteration work shall be prosecuted diligently, and each building, structure, or improvement which is commenced on any residential tract shall be entirely completed within 18 months after commencement of construction. 3. Towers and Antennae. No towers or radio or television antennae or satellite dishes higher than 3 feet above the highest roof line of the dwelling house shall be erected on any residential tact, and all such towers and antennae must be attached to the dwelling house. Solar arrays may be freestanding and up to 15 feet in height. Source: Sixth Amended Protective Covenants for Mountain Springs Ranch, adopted November 11, 2004. 4. Fences. No fencing shall be of solid material. Allowable fencing shall include split rail, or natural tree mils and smooth wire. No fence shall be more than feet above the ground. Up to one acre may be fenced around the primary residence. No additional fencing allowed unless erected for the active keeping of horses or cows or the cultivation of fruit trees or crops. 5. Trees and Landscaping. No trees or brush growing on any residential tract shall be felled or trimmed nor shall any natural areas be cleared, or formal lawn areas constructed, or Il l Reception#: 793183 pm Jean Doo GARFIELD COUNTY CO Revised and Restated Protective Covenantsfor Mountain Springs Ranch Page 9 14 of Reception#: 798183 pm Jean Alberico Doc GARFIELD COUNTY CO Revised and Restated Protective Mountain Springs Ranch Page 10 01 '31 /201 1 04:17; 19 7 of 10 Reo Fee ;$56.00 Fee:ø .ØØ landscaping performed on any residential tract, except for the creation of a fire defensible zone, without the prior written permission of the Architectural Committee. Source: Sixth Amended Protective Covenants for Mountain Springs Ranch, adopted November 11, 2004. 6. Tanks. No elevated tanks of any kind shall be erected, placed, or permitted upon any residential tract, except water storage tanks erected under the direction or the MOUNTAIN SPRINGS RANCH HOIvfE OWNERS ASSOCIATION. Any other tank used in connection with any dwelling house or other structure on any residential tract, including tanks for storage of gas, fuel oil, gasoline, oil, or water, shall be buried and the location and screening shall be as determined by the Architectural Committee. No automotive gas tanks over 500 gallons shall be permitted. Source: Sixth Amended Protective Covenants for Mountain Springs Ranch, adopted November 11, 2004. 7. Used or Temporary Structures. No used or temporary house, structure, house trailer, mobile home or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any residential tract except during construction periods, and no dwelling house shall be occupied in any manner prior to its completion. 8. Exterior Lighting. All exterior lights and light standards on residential tracts shall be approved by the Architectural Committee for harmonious development and the prevention of unnecessary lighting nuisances to other lands in Mountain Springs Ranch. 9. Water Supply. Each lot or plat owner shall be responsible for filing an application with the State Water Engineer for a well permit for his property. Source: Fourth Amended Protective Covenants for Mountain Springs Ranch, adopted July 23, 1999. 10. Off Street Parking. No dwelling house shall be constructed on any tract unless there is concurrently constructed on the same tract adequate off-street parking area for at least four automobiles. 11. Sanitary Systems. No sewage disposal system, sanitary system, cesspool, or septic tank shall be constructed, altered or allowed to remain or be used on any tract unless fully approved as to design, capacity, location, and construction by all proper public health agencies of the State of Colorado and the County of Garfield and also by the Architectural Committee. Source: Sixth Amended Protective Covenants for Mountain Springs Ranch, adopted November 11, 2004. 12. Vehicular Use. Motorcycles, motor bikes and snowmobiles may be used within Mountain Springs Ranch only for necessary transportation from place 10 place on established roads. No joy riding shall be permitted. 798183 Jean Aiberico Doo Fee:O.OO GARFIELD COUNTY CO Revised and Restated Protective Mountain Sprihgs Page 11 Covenantsfor 01/31 /2011 B OF 10 Ree Fee:$S6.ØO ARTICLE Vlll EASEMENTS RESERVED 1. Utility Easements Reserved. Glenwood Mountain, Ltd., hereby reserves for itself its successors and assigns, and for the MOUNTAIN SPRINGS RANCH HOMEOWNERS ASSOCIATION, perpetual easements and rights of way, together with full rights of ingress and egress for itself, its agents, employees, and assigns, for the creation, construction, maintenance, operation, use, replacement, enlargement, and repair of all utilities, such as electric, telephone, sewer, gas, and similar lines, pipes, wires, and conduits, and walking and horse riding trails. Such easements and rights of way shall be eight feet in width on each side of the boundary line along the entire perimeter of each tract within Mountain Springs Ranch, and eight feet along the side of every steet or road of the Mountain Springs Ranch, which is now or may hereafter be constructed. No fences shall be built within any of these easements and rights of way. Source: Amended Protective Covenants for Mountain Springs Ranch, adopted July 25, 1980. 2. Grants of New Easements Restricted. No existing or new access easements or rights of way within Mountain Springs Ranch shall ever be granted, conveyed, created, fransferred or signed for the purpose of ingress or egress to the property situate outside of Mountain Springs Ranch without the prior umitten consent of the MOUNTABI SPRINGS RANCH HOMEOWNERS ASSOCIATION. Source: Second Amended Protective Covenants for Mountain Springs Ranch, adopted July 30, 1980; Water System and Irrigation Easements and Rights Reserved provisions deleted by Fourth Amended Protective Covenants for Mountain Springs Ranch, adopted July 23, 1999. ARTICLE ROADS AND WATER SYSTEMS 1. Easement for Roads. Glenwood Mountain, Ltd., hereby reserves to itself, its successors and assigns for the private use of all owners of lands within the Mountain Springs Ranch, a non-exclusive sixty-feet in width easement .for ingress and egress to tracts within Mountain Springs Ranch over all improved and unimproved access roads as currently exist on the Mountain Springs Ranch; provided, further, that Glenwood Mountain, Ltd„ its successors and assigns reserves the right and authority to authorize additional uses of all of said roads. Source: Amended Protective Covenants for Mountain Springs Ranch, adopted July 25, 1980. 798133 pm Jean Alberioo CO Doc Fee:O.OO GARFIELD COUNTY Revised and Restated Protective Covenantsfor Mountain Springs Page 12 2. Maintenance of Roads. The access road and secondary roads in Mountain Springs Ranch, except private driveways will be maintained by the MOUNTAIN SPRNGS RANCH HOMEOWNERS ASSOCIATION. Snowplowing, including individual homeowner driveways, can be arranged at the owner's expense. Source: Sixth Amended Protective Covenants for Mountain Springs Ranch, adopted November 11, 2004; Maintenance of Water Systems provisions deleted by Fourth Amended Protective Covenants for Mountain Springs Ranch, adopted July 23, 1999. Ranch of10 I l l Recept ion#: 01 /31 /201 1 PM 9 of 10 Rec Fee: $56 ARTICLE X ENFORCEMENT 1. Enforcement Actions. The Architectural Committee shall have the right to prosecute any action to enforce the provisions of all of these covenants by injunctive relief, on behalf of itself and all or part of the owners of lands within Mountain Springs Ranch. In addition, each owner of land within the Mountain Springs Ranch, including MOUNTAIN SPRINGS RANCH HOME OWNERS ASSOCIATION, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these covenants. 2. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in Mountain Springs Ranch in violation of these covenants and no action is commenced within 60 days thereafter to resfrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. Said 60-day limitation shall not apply to injunctive or equitable relief against other violations of these covenants. ARTICLE Xl GENERAL PROVISIONS 1. Covenants To Run. All of the covenants contained in this insfrument shall be a burden on the title to all of the lands in Mountain Springs Ranch, and the benefits thereof shall inure to the ovvners of all of the lands in Mountain Springs Ranch, and the benefits and burdens of all said covenants shall run with the title to all of the lands in Mountain Springs Ranch. 798183 Jean Aiberico Doo Fee:O.OO GARFIELD COUNTY CO Revised and Restated Protective Mountain Sprihgs Page 13 2. Termination of Covenants. The covenants contained in this instrument shall terminate on January 1, 2025, or at the time of final dissolution of the Colorado not for profit known as MOUNTAN SPRINGS RANCH HOME OWNERS ASSOCIATION, whichever date shall first occur. Effective on September 1, 1987, These covenants may be amended by a vote of three-fourths of the votes entitled to be cast by the Members of MOUNTAIN SPRINGS RANCH HONE OWNERS ASSOCIATION, said vote to be gast at a meeting of the Members duly held not more than six months before and not more than six months after said date provided a properly certified copy of the resolution of amendment be placed of record in Garfield County, Colorado, not more than six months after said date. If these covenants are amended on said date, then they shall continue in effect, as amended, for so long thereafter as may be stated in said amendment. 3. Severability. Should any part or parts of these covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 4. Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. Covenantsfor Ranch of10 798183 Jean Aiberico Doo Fee:O.OO GARFIELD COUNTY CO Revised and Restated Protective Mountain Sprihgs Page 14 Reception#: 01131/2011 PM 10 of 10 Rec Fee: $56 MOUNTAIN SPRINGS RANCH HOMEOWNERS ASSOCIATION, a Colorado nonprofit corporation By: STATE OF COLORADO COUNTY OF GARFIELD Subscribed, sworn to, and acknowledged before me on this the 31'rday of January, 2011 by Steve Mills, President of Mountain Springs Ranch Homeowners Association. My Commission Expires: Covenantsfor Ranch of10 Steve i s, President ONE-STORY METAL BUILDING LOT 16 W LOT 31 LOT 15 LOT 17 LOT 29 LOT 18 E S SW CORNER SECTION 20 FOUND ORIGINAL STONE 5" X 12" X 6" N20°31'40"E 104.25' 18.5' WITNESS CORNER SET REBAR & 1-1/4" BLUE PLASTIC CAP WC TNC PLS38215 FOUND REBAR & 1-1/4" BLUE PLASTIC CAP PLS38417 SGM 25' WITNESS CORNER FOUND REBAR & 2" ALUMINUM CAP PLS38417 SGM FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP PLS15710 SGM FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP ILLEGIBLE FOUND NO. 5 REBAR 21.15' WITNESS CORNER FOUND REBAR & 1-1/2" ALUMINUM CAP PLS15710 SGM 1 7 3 . 5 5 ' N 2 7 ° 2 5 ' 2 9 " W L=39.94' R=188.00' CH=N33°30'40"W 39.87' N 3 9 ° 3 5 ' 5 2 " W 1 4 7 . 7 9 ' L=46.85' R=143.00' CH=N30°12'42"W 46.64' N20°49'32"W 75.29' L=39.93' R=275.00' CH=N24°59'07"W 39.90' N 2 9 ° 0 8 ' 4 3 " W 2 0 2 . 5 4 ' L=25.78' R=113.00' CH=N35°40'54"W 25.73' N05°05'14"W 22.66' L=42.12' R=70.00' CH=N22°19'28"W 41.48' N 3 9 ° 3 3 ' 4 2 " W 1 0 7 . 1 4 ' L=73.22' R=205.00' CH=N49°47'38"W 72.83' N6 0 ° 0 1 ' 3 5 " W 84 . 0 4 ' L = 3 9 1 . 6 9 ' R = 5 7 5 . 0 0 ' C H = N 4 0 ° 3 0 ' 4 1 " W 3 8 4 . 1 6 ' S71°49'1 8 " W 5 1 3 . 5 3 ' N0 0 ° 1 8 ' 0 6 " E 6 7 0 . 2 4 ' S89°41'54"E 152.30' L=133.41' R=45.00' CH=N36°41'20"W 89.65' S5 8 ° 2 2 ' 3 3 " E 16 1 . 9 5 ' L=412. 0 3 ' R=635. 0 0 ' CH=S76 ° 5 8 ' 1 4 " E 404.84'N84°26'27"E 133.07' L=90.63' R=380.00' CH=N77°36'30"E 90.41' N70°46'34"E 22.64' L=144.48' R=285.00' CH=N85°17'58"E 142.94' S80°10'37"E 77.02' L=54.69' R=285.00' CH=S85°40'27"E 54.61' N88°49'42"E 15.49'L=93.34' R=285.00' CH=S81°47'20"E 92.93' S72°2 4 ' 2 2 " E 1 9 4 . 1 2 ' S 0 6 ° 1 8 ' 5 3 " E 1 3 5 9 . 5 7 ' S63°1 4 ' 1 9 " W 4 1 4 . 3 1 ' LEACHFIELD ONE-STORY RESIDENCE 352 SADDLE DRIVE TWO-STORY GARAGE/ADU SHED GRAVEL DRIVEWAY GATE TWO-TRACK DRIVE CUT-TRAIL THROUGH OAK BRUSH WEST CORNER SECTION 20 FOUND 3-1/4" ALUMINUM CAP LS15710 1994 N0 0 ° 0 4 ' 4 6 " E 2 7 6 1 . 2 2 ' BA S I S O F B E A R I N G S SE C T I O N 1 9 SE C T I O N 2 0 BUILDING ENVELOPE 2.0± ACRES 50' SETBACK RECEPTION NO. 798183 50' SETBACK RECEPTION NO. 798183 100' SE T B A C K RECEPT I O N NO. 79 8 1 8 3 PARCEL B 15.00± ACRES (86% OPEN SPACE) PARCEL A 20.247± ACRES SA D D L E 8' WIDE EASEMENT FOR UTILITIES, WALKING & HORSE RIDING TRAILS RESTRICTIVE COVENANTS RECEPTION NO. 798183 (ENTIRE PROPERTY PERIMETER) PROPERTY LINE SPLITS WATER WELL TO BE SHARED BY EACH PARCEL 60' WIDE ROAD EASEMENTS RESTRICTIVE COVENANTS RECEPTION NO. 798183 DRI V E M O U N T A I N SPR I N G S R O A D 8 0 1 0 8 0 0 0 7 9 9 0 7 9 8 0 7 9 7 0 7 9 6 0 24% S L O P E (85% OPEN SPACE) 3± ACRES DEVELOPED AREA 8' W I D E D R I V E W A Y SURVEYOR 'S STATEMENT I, RODNEY P. KISER, DO HEREBY STATE THAT THIS SITE PLAN WAS PREPARED BY TRUE NORTH COLORADO, LLC. FOR SEAN ELIAS THAT SAID SITE PLAN WAS PREPARED BY ME OR UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE. TELEPHONE PEDESTAL S SEPTIC LID ELECTRICAL TRANSFORMER ELECTRICAL METER LEGEND E NOTES: 6. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE. 7. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE, ANY EXCEPTIONS TO TITLE THAT MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN REVIEWED BY TRUE NORTH COLORADO, LLC. LOT 16 - MOUNTAIN SPRINGS RANCH A PARCEL OF LAND SITUATED IN THE E1/2SE1/4 OF SECTION 19 & SW1/4 SECTION 20 TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH PM COUNTY OF GARFIELD, STATE OF COLORADO PARCEL NO. 218519400066 SITE PLAN TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com PROJECT NO: 2022-265 DATE:October 28, 2022 DRAWN RPK SURVEYED GBL/KJT SHEET 1 OF 1 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY 100'50'200' SCALE: 1" = 100' N 0 LEACH FIELD PORT NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. W WELL VICINITY MAP SITE GLENWOOD SPRINGS OPEN SPACE