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HomeMy WebLinkAbout1.06 MiscellaneousJOHN L. TAUFER & ASSOCIATES, INC. Landscape Architecture / Land Planning September 24, 2019 RECEIVED SEP 2 4 1`019 Claire Dalby, Planner G A k F I E L D C o u wr Garfield County Community Development Department COMMUNITY OPIEWPi�11`' 108 Eighth Street Suite 401 Glenwood Springs, Colorado 81601 Re: Richardson Minor Subdivision ( File No. MISA-07-19-8741) -Additional Submittal Information Requested by County per Letter dated September 11, 2019 Dear Claire, Please find the requested submittal information either noted or attached per your request for additional information. 1. Certification of Mineral Owners research form ( attached). As described in the MINERAL DEED (attached) recorded July 22, 2008, ( Reception No. 752841) of the records of Garfield County, Roaring Fork Properties, LLC owns 100% of the oil and gas mineral estate in the Richardson property Section 14, Southwest Quarter (SW 1/4),( Parcel No. 2183-143-00-084). Also attached is an updated Title Commitment. 2. Current surrounding property owners (attached). 3. Completed Colorado Geological Survey form and accompanying check for $ 600.00 ( atttached). 4. Preliminary Cost Estimate for water and wastewater improvements (attached). Access roadway improvements have been completed at owners expense. Improvements completed per access -roadway design plan completed by SGM, Inc., dated August 6, 2019 and submitted to Garfield "County Road and Bridge Department for Driveway Permit. Driveway Permit is included in the -original application. 5. There are no ditches on the Richardson property. According to our surveyor Sam Phelps, SURVCO, Inc., title companies use this standard language that there is a reservation in every property originally conveyed by U.S. Patent. The patent language contains a clause that the property is subject to "ditches and canals as constructed under the authority of the United States". This reservation, as well as others, are addressed in the Surveyor's Notes, note #5. 6. Minor Subdivision Review Criteria( Section 5-301-C: 1. The application complies with the requirements of the Rural (R) zone district and complies with Standards in Article 7, Divisions 1,2,3 and 4 of the Garfield County Land Use Code. Refer to explanation in the narrative regarding General Standards, Section 7-101. 2. The application is in general conformance with the Comprehensive Plan. Refer to explanation in the narrative regarding Division 1, Section 7-102. 3. The application demonstrates evidence of a legal, physical , adequate and dependable water supply for each lot. Water report, prepared by Resource Engineering, Inc., included in the application. 4. Legal and historic access is from County Road 134. Driveway Permit included in the application material. 5. The necessary easements have been obtained or are already in place. The access easement, for both lots, is depicated on the Plat. 909 Colorado Avenue ■ Box 2271 • Glenwood Springs, CO B 1 602 (970) 945-1337 9 FAX (970) 945-7914 6. The subdivision is able to provide an adequate sewage disposal system for Lot 2. Lot 1 has an existing system in place. Wastewater report, prepared by Resource Engineering, Inc., is included in the application. 7. Any identifiable hazards on the property will be mitigated to the extent practicable. 8. An estimate of probable construction costs for the water and wastewater improvements, for Lot 2, are identified in the cost estimate, prepared by Resource Engineering, Inc. (attached). The access roadway improvements have been completed and paid for by the applicant. The applicant will pay, out of pocket, for the water and wastewater improvements on Lot 2. 9. According to the Garfield County Treasurer, the property taxes have been paid. 10. All road and impact fees will be paid prior to Final Plat. 11. The Final Plat will meet the requirements per Section 5-402F, Final Plat. If you have questions or need additional information, please contact my office. Sincerely, John L. Taufer, Owners Representative Attachments 4-203.G - IMPACT ANALYSIS I. Adjacent Land Uses Adjacent land uses within 1,500 feet of the property consist of a large, private developed ranch, privately owned undeveloped property and public lands (City of Glenwood Springs and BLM). 2. Site Features The east and west sides, of the rectangular 40 acre parcel, both slope down to a narrow valley. South Canyon Creek, which extends and runs downhill from the south end of the property to the north end of the property, meanders through the valley floor. On the west side of the creek is a relatively flat area that is vegetated with native grasses. The site then slopes upward. The vegetation on the sloped portion contains a mix of spruce/fir and aspen association. The area along the east side of the creek slopes upward toward County Road 134. The vegetative association contains a mix of native grasses, willows and gambel oak. The area east of County Road 134, contains steep slopes with a vegetative mix of native grasses, gambel oak, serviceberry and mountain mahogany. The site has various topographic slopes. The area on the western end of the parcel contains gentle slopes and then progresses to steeper slopes going south and eastward to a ridgeline. An existing, single family residence and some outbuildings reside on the property. The residence was built in approximately 1974. The residence is served by an entry drive that intersects with County Road 134. 3. Soil Characteristics The underlying soils, where site development will occur, consist of 32 — Holderness Variant clay loam and 39 —Jerry loam. These soils are identified in the USDA Soil Conservation Service mapping. For community development and construction purposes, Holderness Variant clay loam has limitations based on high clay content, high shrink -swell potential and low strength while .ferry loam is also limited by high shrink -swell potential, and low strength. Both soils required good drainage. While these soils have limitations, the limitations can be mitigated with proper engineering solutions. 4. Geology and Hazard No geology or hazards are noticeable on or associated with the property. South Canyon Creek runs through the property in a south to north direction. Another water body, Delsas Creek enters the property from the west and intersects with South Canyon Creek. Other than South Canyon Creek and Delsas Creek, no other groundwater or aquifer recharging areas are noticeable. G. Environmental Impacts Because of the limited development of the property, the proposed minor subdivision should have little short or long term effect on the flora and fauna. The only impacts on the 40 acre tract of land will be associated with the improvements to the exiting driveway and construction of one (1) additional residence, yard area, OWTS and a driveway to that residence on Lot 2. Lot 1 contains an existing residence. Access to the lot is via a private driveway from CR 134. The existing driveway will be utilized for access to Lot 2 thus eliminating the need for another access road. The building site, for Lot 2, is located in a relatively flat area that is vegetated with native grasses. Given the location and condition of the new development area, all of the spruce/aspen and the pinonljuniper associations will be preserved thus preserving the wildlife habitat. 7. Nuisance Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration or other emanations should be minimal to non-existent. 8. Hours of Operation Not applicable. 2 4-118.Waiver of Standards The applicant, Daryl Tye Richardson, requests a waiver from the following in Article 7: Standards 7-203. PROTECTION OF WATERBODIES B. Structures Permitted in Setback The applicant, is proposing to develop a potable water well, for Lot 2, within the 35 foot setback from the Typical and Ordinary High Water Mark (TOHWM) of South Canyon Creek. Response: The proposed well location is situated on a relatively flat area approximately 25 feet from the centerline of South Canyon Creek. South Canyon Creek is a narrow, relatively deep channeled creek bed. The vegetative characteristics, at the proposed well location, consists of native grasses. No riparian vegetation will be removed prior to and during construction of the well. Development of the well will only require a minimal amount of disturbance within the setback area. While some minor surface disturbance will be required by the drill rig, development of the well be be vertical and will require little surface disturbance. The well head will not impede the flow of water within the creek channel nor will the well alter existing drainage patterns. The location of the well will not impose any impact on adjacent properties. 610 SS At x `S February 4, 2019 John Taufer RE: 3135 County Rd 134, Garfield County, Colorado Dearjohn, 3799 HIGHWAY 82 • P.D. BOX 2150 GLENWOOQ SPRINGS, COLORADO 81602 (9 70) 945-5491 • FAX (9 70) 945-4081 The above mentioned development is within the certified service area of Holy Cross Energy. Holy Cross Energy has adequate power supply to provide electric power to the development, subject to tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Sincerely, `''V �{ Phyllis Wittet Engineering Department A Touchstone Energy, Cooperative`s' 111111111111 HIM 111111111111111111111111111111111111 520471 02/18/1998 09:35A B1053 P889 M ALSDORF 1 of 2 R 11.00 d 0.00 GARFIELD COUNTY CO HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, D. G. RICHARDSON AND CO., A COLORADO PARTNERSHIP thereinafter called "Grantor"), for a good and valuable consideration, the recelpt whereof is hereby acknowledged, do hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation whose post office address is P. O. Drawer 2150, Glenwood Springs, Colorado (hereinafter called "Grantee') and to its successors and assigns, the right of ingress and egress across lands of Grantors, situate in the County of Garfield, State of Colorado, described as follows: A parcel of land situated in Sections 14, 15, and 23, Township 6 South, Range 90 West of the 5!xth P. M., as more fully described in book 1 126 at page 89 and book 654 at page 8S of the Garfield County Courthouse, Glenwood Springs, Colorado. And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands, upon an easement described as 'o!lows: An easement twenty (20) feet in width, the centerline for said easement being a power line as constructed, the approximate location of which upon the above described property is shown on Exhibit A attacher herety and made a part hereof by reference. It is agreed that down guys with anchors can be installed outside of the twenty (20) foot easement. The rights herein- granted -specifi caliy-allow-Grantee-to install additional -poles, down guys with anchors, overhead conductors and/or related facilities with !n the easement describEd by the attached exhibit. Additional down guys with anchors may also be installed outside the twenty (20) foot easement. And, in addition, Grantor hereby grants to Grantee, and to its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which are tall enough to strike the wires in failing. Grantor agrees that all poles, wire and other facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee - Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever - IN WITNESS WHEREOFGrantorhas caused these presents to b,, duly executed on this _day of D. G. RICHARDS01, AND CO., A COLORADO PARTNERSHIP General Partner STATE OF' Zo IV 19-) ��j} ) COUNTY OF P' ' 1V A L ) ss. The f regoing instrument was acknowledged before me this 4 day of J -1-- q. 19by D, G. ch &adsnrl as General Partner of D. G. #ICHARDSON AND CO., A COLORADO PARTNERSHIP. WITNESS my hand and official seal. , My commission expires: tary Public Address_ -` 0 ' e;L tO -.J-j14 15 22 r Imll mll II�rII�11rIlI I�IIIII 1111111111111 lill IS 520471 02/18/1998 09:35A 81053 8890 M ALSDORF 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A SOUTH CANYON CREEK / RICHARDSON PURCHASE SEC. 14,15, 3, TES, R9..'� GARFIELD COUNT'' W/0 15942 D.G. RICi MDSON HOOSE 3135 ROAD 134 14 tij NEW HOLY CROSS ElECTRIC OVE='Hc"AD POWER( *,,7r,� POtIlefEiRil INF ll �_ 1� Q.C. RICHARDSON & CC - (PROPERTY) - O- (PROPERTY)- f 12JlI! I! I TYF RICHAROSON 11 (PROPERTY) I r 4424 ROAD 134 1 HOUSE ra} � � ❑ JI rt zk ti\ CITY O1- GLENWOOD (PROPERTY) Q.G. RICHARDSON & CO. (PROPERTY) DECLARATION OF PROTECTIVE COVENANTS FOR RICHARDSON MINOR SUBDIVISION A Common Interest Planned Community Daryl Tye Richardson ("Declarant") as the fee owner of the Richardson Minor Subdivision ("Subdivision), desiring to insure the development and continuity of the Subdivision as a residential subdivision for himself, his successors, legal representatives, assigns and grantees, hereby declares to and for the benefit of all persons who may hereafter purchase and from time to time own lots in the Subdivision that said ownership and holding of said lots shall be subject to the following protective covenants and conditions, all of which shall be deemed to be appurtenant to and run with the land and inure to the benefit of and be binding upon the owners of said lots, their heirs, successors and assigns. ARTICLE I PURPOSE OF COVENANTS It is the intention of the Declarant, expressed by execution of this instrument that the lands within the Subdivision be developed and maintained as a highly desirable rural residential area. It is the purpose of these covenants that the present natural beauty, natural growth and native setting and surroundings of the Subdivision always be protected insofar as is possible in connection with the uses and structures permitted by this instrument. ARTICLE II DEFINITIONS A. SUBDIVISION. Whenever the term "Subdivision" is used in these covenants, it shall mean all the lands included in the Richardson Minor Subdivision as described on the plat tiled for record with the Garfield County Clerk and Recorded at Reception No. . The Subdivision is a common interest planned community located entirely in Garfield County, Colorado, which is comprised of two lots. B. RESIDENCE. The term "Residence" as used herein shall mean single family dwellings and accessory dwelling units only. C. ASSOCIATION. The term "Association" shall mean the Richardson Subdivision Homeowner's Association, Inc. The Association shall be a not-for-profit Colorado corporation formed for the purpose of operating the homeowners' association within the Subdivision. D. BOARD. The terms "Board" shall mean the Board of Directors of the Association. ARTICLE III MEMBERSHIP IN RICHARDSON HOMEOWNERS ASSOCIATION All persons or associations (other than the Association) who own or acquire the title in fee to any of the lands in the Subdivision shall automatically become members of the Association. The owner or owners of each lot shall be entitled to one (1 ) vote for each lot owned Page 1 of 7 and shall be l iable to pay assessments on the basis of one-half (1 /2) of all assessments for each lot owned. ARTICLE IV ASSESSMENTS A. ASSESSMENTS. Each lot owner shall be obligated to pay any assessments duly imposed by the Association in percentage set forth in Article III above. To the extent the Association is responsible therefor, assessments may be duly levied for purposes necessary to promote the health, safety and welfare of the lot owners and residents of the Subdivision, including but not limited to, payment of all costs of operation of the Association and the performance of its various functions as set forth herein or required by Iaw. Each owner of any lot, by acceptance of a deed therefor, whether or not it is so expressed in the deed, shall be deemed to covenant and agree with each other and with the Association to pay to the Association annual assessments for the purposes set forth herein and any special assessments for capital improvements or other matters provided for herein. B. ANNUAL ASSESSMENTS. The total annual assessments against all lots shall be based upon advance estimates of cash requirements for the Association to provide for the payment of all estimated expenses arising from, or connected with, the functions of the Association as set forth herein and any other expenses or liabilities which may be regularly incurred by the Association for the benefit of the lot owners. C. SPECIAL ASSESSMENTS. In addition to the annual assessments authorized by these Articles, the Association may levy a special assessment, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement, or for any other expense, including a capital expense, incurred or to be incurred as provided in these Protective Covenants or the Articles or Bylaws of the Association. Any such special assessment shall be paid in the same prorated manner as annual assessments. D. ADOPTION OF BUDGET. Within ninety (90) days after adoption of proposed budget for the Association, the Board shall mail, by first-class mail, or otherwise deliver, including posting the proposed budget on the Association's website, a summary of the budget to all lot owners and shall set a date for a meeting of the Iot owners to consider the budget. The meeting must occur within a reasonable time after mailing or other delivery of the summary, or as allowed for in the bylaws. The Board shall give notice to the lot owners of the meeting as allowed for in the bylaws. The budget proposed by the Board does not require approval from the lot owners and it will be deemed approved by the lot owners in the absence of veto at the noticed meeting by a majority of all lot owners, whether or not a quorum is present. If the proposed budget is vetoed, the periodic budget last proposed by the Board and not vetoed by the lot owners must be continued until a subsequent budget proposed by the Board is not vetoed by the lot owners. E. NOTICE OF ASSESSMENTS. The Association shall give written notice to each lot owner by email, or by certified mail, first class, postage prepaid, return receipt requested as it Page 2 of 7 appears on the records of the Association, as to the amount of any annual assessment with respect to his lot on or before twenty (20) days prior to the date upon which that assessment shall be due and payable. Failure of the Association to give timely notice of any assessment as provided herein shall not affect the liability of the lot owner for such assessment, but the date when payment shall become due in such case shall be deferred to a date twenty (20) days after such notice shall have been given. Except as otherwise determined by the Board, notice of special assessments shall be in accordance with the procedures set forth herein for annual assessments or in accordance with such other procedures as may be determined by the Board. F. ENFORCEMENT OF ASSESSMENTS. Any delinquent assessments may be enforced or collected pursuant to procedures as may be determined by the Board. No owner may exempt himself from liability for his contribution toward any assessment by waiver of the use or enjoyment of any benefit of lot ownership of Association membership (including use of the domestic water system) or by abandonment of his lot. The Association, and it alone, shall be charged with the responsibility of collecting and enforcing any delinquent assessment and, regardless of the means it employs to do so, the lot owner or other person charged with responsibility for any assessment shall pay the attorney's fees and costs incurred by the Association in collecting and enforcing the assessment. G. PERSONAL OBLIGATION OF LOT OWNER AND PURCHASER. All sums assessed by the Association, together with interest, attorney's fees and costs, shall constitute a lien on the lot assessed, which lien shall be superior and prior to other liens and encumbrances burdening a lot as permitted by law. Recording of this Declaration shall constitute record notice and perfection of the lien of the Association. No further recording of any claim of lien for assessments shall be required. A lien created under this paragraph, however, shall be extinguished unless proceedings to enforce the lien are instituted within six (b) years after the full amount of the assessments become due. Such lien may be enforced by foreclosure of the defaulting owner's lot by the Association in the same manner in which mortgages on real property may be foreclosed in Colorado. The lot owners shall be required to pay the Association any assessments against the lot which become due during the period of foreclosure and these assessments shall be automatically included in the amount of the lien. The Association shall have the power to bid on the lot at the foreclosure sale and to acquire and hold, convey, lease, encumber, use or otherwise deal with the lot. H. STATEMENT OF UNPAID ASSESSMENTS. The Association shall furnish to a lot owner or such lot owner's designee, or to a holder of a security interest or its designee, upon written request delivered personally or by email, certified mail, first class, postage prepaid, return receipt to the Association's registered agent, a written statement setting forth the amount of unpaid assessments currently levied against such owner's unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board and every lot owner. If no statement is furnished to the lot owner or holder of a security interest or their designee, delivered personalty, by email, or by certified mail, first class, postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the lot for unpaid assessments which were due as of the date of the request. Page 3 of 7 I. AUDIT. At the discretion of the Board or upon request pursuant to C.R.S. § 38-33.3- 303(4)(b)(II) or (III), the books and records of the Association shall be subject to an audit, using generally accepted auditing standards. or a review, using statements on standards for accounting and review services, by an independent and qualified person selected by the Board. Such person need not be a certified public accountant except in the case of an audit. A person selected to conduct a review shall have at least a basic understanding of the principles of accounting as a result of prior business experience, education above the high school level, or bona fide home study. The audit or review report steal€ cover the Association's financial statements, which shalI be prepared using generally accepted accounting principles or the cash or tax basis of accounting. ARTICLE V GENERAL RESTRICTIONS ON USE A. ZONING REGULATIONS. No lands within the Subdivision shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the applicable zoning regulations of Garfield County, Colorado. B. BUSINESS, COMMERCIAL OR TRADE USES. No land in the Subdivision shall ever be occupied or used for any commercial, business or trade purpose and nothing shall be done on any of said lands which is a nuisance or might become a nuisance to the owner or owners of said lands. Use of a residence for a business purposes (e.g. operation of a home office) is authorized provided such use is non -observable from other lots, does not generate any vehicular traffic or noise and does not alter the premises in any fashion. C. SIGNS. No advertising or signs of any character shall be erected, placed, permitted or maintained on any Iot or structure within the Subdivision other than one (1) "For Sale" or "For Rent" sign not to exceed two (2) feet by three (3) feet in size approved by the Board and a name plate and street number of the occupant. D. RESUBDIVISION. No lot described in the plat of the Subdivision shall ever be resubdivided into smaller lots or tracts, nor conveyed or encumbered in any less than the full original dimensions as shown on said recorded plat. E. SERVICE YARDS AND TRASH. Each residence must maintain a clean area and attempt to conceal garbage cans, clothes lines, wood piles and storage piles from lots, roads and ail common areas within or adjacent to the Subdivision. F. EXTERIOR LIGHTING. All exterior lighting and light standards on residential lots shall be approved by the Board for harmonious development and the prevention of lighting nuisance to other residents of the Subdivision and comply with Garfield County lighting standards. G. GARBAGE DISPOSAL AND SANITARY SYSTEMS. All sewage disposal systems or sanitary systems shall be designed by an engineer licensed to practice in the State of Colorado and shall not be constructed or used on any lot unless fully approved as to design. capacity, Page 4 of 7 location and construction by all proper public health agencies of the State of Colorado and the County of Garfield. H. SETBACK RESTRICTIONS. Setbacks for every building, structure or other improvement, other than fences, terraces and steps, shall comply with Garfield County zoning regulations. . Y. CLEANLINESS AND UNSIGHTLY GROWTH. Each lot shall at all times be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, commercial implements, machinery, lumber or other building materials shall be permitted to remain exposed on any lot so as to be visible to any neighboring lot or road. ARTICLE VI ROADWAYS The Declaration of Covenants and Road -Sharing Agreement recorded with the Garfield County Clerk and Recorded at Reception No. is incorporated herein by reference. ARTICLE VH EASEMENTS RESERVED Easements and rights of way in perpetuity are hereby reserved for the erection, construction, maintenance and operation of wires, cables, pipes, irrigation ditches (in addition to any irrigation ditches which may now exist in place), conduits and apparatus of the transmission of electrical current, telephone, television and radio lines and for the furnishing of water and gas in the street or for the furnishing of other utility purposes, together with the right of entry for the purpose of installing, maintaining and improving said utilities along, across, upon and through a strip of land ten ( 1 D) feet in width along the rear and side Iot lines of a]l lots in the Subdivision. ARTICLE VIII ENFORCEMENT A. ENFORCEMENT AND RELIEF. Any violation of the provisions, conditions or restrictions contained herein shall be enforced as set forth in policies established by the Board except for enforcement of assessments, which shall be enforced per Article IV. Furthermore, the Association or any lot owner may apply to any court of law or equity having jurisdiction thereof for an injunction or proper relief in order to enforce the same. No delay on the part of the Association or any other person in the exercising of any right, power or remedy contained herein shall be construed as a waiver thereof or an acquiescence therein. Various rights and remedies of all persons hereunder shall be cumulative and the Association or any lot owner may use any or all of said rights without in any way affecting the ability of Association or any lot owner to use or rely upon or enforce any other right. Any lot owner found by a court to have violated these covenants shall be liable to the prosecuting party for all costs, including attorney fees. B. RIGHT TO REMEDY VIOLATIONS. If the owner of any lot shall default in the performance of any covenant or condition hereof or shall violate any of the covenants or rules Page 5 of 7 herein contained, the Association may, after thirty (30) days' notice to said owner, or without notice if in the opinion of the Association an emergency exists, perform such covenant or condition or remedy such violation for the account and at the expense of said owner. If the Association shall incur any expense, including reasonable attorneys' fees in instituting, prosecuting (including an action against an owner for default or violation), or defending any action or proceeding instituted by reason of any default or violation, said expenses shall be included and added to any judgment made or given to the Association. ARTICLE IIS GENERAL PROVISIONS A. COVENANTS TO RUN WITH THE LAND; AMENDMENT AND TERMINATION. All the restrictions and covenants contained herein shall constitute covenants running with the land as to all of the lands within the Subdivision. It shall continue to be binding upon the owners of said lands and in all persons claiming by, through or under said owner for a period of twenty-one (21) years from the date this document is filed for record with the Clerk and Recorder of Garfield County, Colorado, and year to year thereafter until amended or terminated by a written instrument executed by the owners of all lots in the Subdivision. S. BENEFIT OF ALL. The provisions contained herein are for the benefit of all and shall be binding upon the Declarant and the purchasers and subsequent owners of each of said lots. Each purchaser of lots included within this Declaration, by acceptance of a deed to same, shall be subject to each and all of the restrictions, conditions, covenants and agreements contained herein and to the jurisd iction, right and power of the Declarant. By acceptance hereby by each owner, such owner shall for themselves or their heirs, personal representatives, successors and assigns, covenant and agree and consent to and with the grantees and subsequent owners of each of said lots, to keep, observe, comply with and perform said restrictions, covenants, conditions and agreements contained herein. C. COUNTY PLAT APPROVAL. Approval of the plat of the Subdivision recorded as provided in Article II.A above shall in no manner imply that this Declaration of Covenants complies with federal and state regulations regarding subdivision covenants. D. NOTICES. Except as otherwise set forth herein, all notices given hereunder to lot owners affecting the Subdivision shall be given by email or regular United State Mail, postage prepaid, addressed to each owner at the address as it appears on the records of the Association. E. VARIANCES. The Declarant hereby reserves the right to grant a reasonable variance or adjustment of these conditions and restriction in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variance or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these restrictions. F. SEVERABILITY. In the event any one or more of the provisions, conditions, restriction or covenants contained herein shall be held by any court of competent jurisdiction to be null and Page 6 of 7 void, all remaining restrictions and covenants herein set forth shall remain in full force and effect. Dated this day of 2019. DECLARANT Daryl Tye Richardson STATE OF COLORADO } } ss COUNTY OF GARF l ELD } The foregoing instrument was acknowledged before me this day of , 2019, by Daryl Tye Richardson. Witness my hand and official seal. My commission expires: Notary Public Page 7 of 7 DECLARATION OF COVENANTS AND ROAD -SHARING AGREEMENT THIS DECLARATION OF COVENANTS and ROAD -SHARING AGREEMENT is made this day of , 2019, by Daryl Tye Richardson (hereinafter referred to as "Declarant"), owner of the real property described below, which property is located in Garfield County, Colorado: RECITALS WHEREAS, Declarant is the sole owner of certain real property to be known as the Richardson Minor Subdivision, located in Garfield County, Colorado, and which is more particularly described in the Preliminary Plat recorded in the office of the Garfield County Clerk and Recorder at Rec. No. (hereinafter referred to as the "Property"); WHEREAS, Declarant intends to divide the Property into two lots, identified as Lots 1 and 2, as depicted in the Preliminary Plat; WHEREAS, an unimproved road exists across Lot 1 in a location corresponding with that depicted on the Preliminary Plat; WHEREAS, Declarant intends that Lots I and 2 will share a common access road from Garfield County Road 134 (aka South Canyon Creek Road) as depicted on the Preliminary Plat (hereinafter referred to as the "Common Access Road"); WHEREAS, Declarant further intends that Lots 1 and 2 may also use the Common Access Road to provide access for Emergency and Fire Services vehicles to either Lot and to provide for the installation of any future utilities services to either or both of the Lots; W HEREAS, Declarant desires to establish the relative rights and obligations ofthe owners of Lots 1 and 2 concerning the shared use of the Common Access Road and to create easements for the existence, operation, repair and replacement of the same, and for future installation, operation, maintenance and repair of utilities within the same; and NOW, THEREFORE, Declarant hereby declares that the Lots 1 and 2 shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Lots 1 and 2 and be binding upon all parties having any right, title or interest in either of those Lots, or any part thereof, their heirs, successors and assigns, and shalt inure to the benefit of each owner thereof. I . Grant of Easement for Access Road. The owner of Lot 2 shall have a perpetual non- exclusive easement thirty feet in width, as depicted in the Preliminary Plat over and across an existing un -paved road on Lot 1 for ingress and egress between County Road 134 and Lot 2. The Common Access Road shall exist within the easement therefor and shall extend from the point at which it intersects County Road 134 to the point at which it intersects the boundary of Lot 2. To After recording return to: Beattie, Houpt & Jarvis, LLP 932 Cooper Ave Glenwood Springs, CO 81601 Richardson Minor subdivision Covenants Page 2 of 3 the extent that such road extends onto Lot 2 past its boundary with Lot I it shal I thereafter be solely owned by the owner of Lot 2 and its improvement, maintenance, repair shall be the sole responsibility of the owner of Lot 2 and its use may be restricted as determined solely by the owner of Lot 2. 2. Shared. Responsibility for Maintenance and Costs of Access Road. Except as set forth above, responsibility for improvement, maintenance and repair of the Common Access Road shall be shared mutually by the owners of Lots 1 and 2 as set forth below: a. All costs for improvement, maintenance, and repair of the Common Access Road shall be shared equally by the owners of Lots 1 and 2. b. Before any such work is commenced, the owners of Lots l and 2 shall agree upon plans and specifications for such work and the individual or entity that will perform the work. The owners of Lots I and 2 may also agree upon a maximum cost for such work. The parties may agree upon an alternative distribution of costs, but any such agreement shall be unenforceable unless it is in writing signed by the owners of Lots I and 2. C. In the event that the owners of Lots 1 and 2 are unable to agree upon the elements set forth in subparagraph a. above, either individual owner may undertake improvements to the Common Access Road and shall be solely responsible for the costs thereof, except that neither owner may cause the road to be paved without the written consent of the other. 3. Grant of Easement for Utilities. The owner of Lot 2 shall also have a perpetual non- exclusive easement thirty feet in width over and across Lot 1 (as depicted on the Preliminary Plat) for the purposes of installation, operation, use, maintenance, repair and replacement of any utilities. This easement may be used for this purpose so long as the utilities remain buried beneath the Common Access Road, so long as their construction and maintenance does not unreasonably interfere with the use of said Common Access Road by the owner of Lot i for an unreasonable amount of time, and so long as their installation and maintenance is undertaken in compliance with all applicable county, state and federal laws as may now exist or may in the future govern such construction. For the purposes of this easement, the term "utilities" shall be interpreted broadly, and shall non -exclusively include sewer, water, telephone, cable, electricity, internet, or other similar connections to services commonly defined as "utilities." Any Lot owner installing, maintaining or repairing utilities shall be solely responsible after the completion of said work for the reconstruction and restoration ofthe Common Access Road to substantially the same condition as before said work was performed. 4. Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon and use the Common Access Road in the proper functioning of their duties in their capacities for the benefit or either or both of Lots I and 2. 5. Covenants to Run with the Land. The covenants, conditions and restrictions contained herein shall run with Lots 1 and 2 and shall bind the owners thereof, their successors and assigns. Richardson Minor Subdivision Covenants Page 3 of 3 b. Enforcement. This document may be enforced by either Lot owner or any governmental agency having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by this document. The interpretation of this document shall be governed by Colorado law. Unless the parties to any dispute arising with regard to this document agree to an alternate form of dispute resolution, venue for any dispute arising with regard to this document shall be in the courts of Garfield County, Colorado. The prevailing party in any legal action to enforce this document shall be entitled to reasonable attorneys' fees and costs. 7. Amendments. This document shall be recorded in the real estate records of Garfield County, Colorado. This document may be amended only by the unanimous written consent of the owners of Lots 1 and 2, No amendment shall be effective until an instrument setting forth such amendment, signed by both Lot owners, is recorded in the real estate records of Garfield County, Colorado. 8. Severability. Should any provision of this document be declared invalid or unenforceable by a Court of competent jurisdiction, such decision shall not affect that validity of any other provisions, which shall remain in full force and effect. DATED: STATE OF COLORADO } ss. COUNTY OF GARFIELD 2419. DECLARANT: Daryl Tye Richardson The foregoing Declaration of Covenants and Road Sharing Agreement was subscribed and sworn to before me this _ day of , 2019, by Daryl Tye Richardson. WITNESS my hand and official seal. My commission expires: Notary Public COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND -USE REVIEWS County Garfield Project Name Richardson Minor Subdivision Date 9/12/19 APPLICANT (or Applicant's Authorized Representative responsible for paying CGS -review fee) Name Daryl Tye Richardson Address 3135 County Road 134 Glenwood Sprinqs, Colorado 81601 Ph. No. (970) 945-0346 Fax FEE SCHEDULE (effective June 1, 2009) Reviews for Counties /4,x/2, or /4 /4 Section(s) 14 Township a ifOo Range 90 W50 Dec Lat eth P.M. Dee Long ''6I." '1hc 6,nb 'tNG ,.,-/ k j2 4w `/r+ 14 Small Subdivision (> 3 dwellings and < 100 acres) ......................................... $950 Large Subdivision (> 100 acres and < 500 acres) ....................................... $1,550 Very Large Subdivision (500 acres or more) ............................................... $2,500 Very small residential subdivisions (1-3 dwellings and < 100 acres) ...................$600 Reviews for Municipalities.........................................At hourly rate of reviewer Special Reviews.......................................................At hourly rate of reviewer School Site Reviews .........................................................$855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral -resource areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local -government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey "...for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local -government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/or repair costs. Colorado Geological Survey • 1500 Illinois Street, Golden, CO 80401 • Ph: 303-384-2655 • Email: CGS _LUR a@mines.edu - ColoradoGeologicalSurvey.org created 3/16/98, revised 11/21/2013 Frequently Asked Questions and Answers Regarding the CGS Land Use Review Process Why am I required to have a CGS review when I already hired and paid for my own consultant? In 1972, Senate Bill 35 was passed stating that any person or entity subdividing a property into parcels of 35 acres or less on unincorporated land must submit geologic or geotechnical reports to the County as part of the preliminary plat application process. Municipalities or public agencies may request that CGS review a site, although these reviews are not governed by the statute. Why is a CGS review necessary when I already hired my own geologist? The CGS review is an independent third -party review that is done for the County, similar to the service a building inspector provides for construction review. The purpose of the CGS review is to ensure that all geologic concerns have been adequately identified and addressed in the geologic reports and that the proposed development is feasible. Why does CGS charge for land use reviews? Doesn't taxpayer money pay for this service? CGS land use reviews are not subsidized through the general fund, although some other review agencies are supported by taxpayer money. In 1984 the state legislature decided that CGS reviews should be paid for with fees paid by the applicant of the proposed development so that taxpayers are not viewed as subsidizing development. Did the CGS geologist make afield visit to the site? A CGS geologist visits each site being reviewed. If the review is a re -submittal for a site that has been visited previously, a second site visit may not be necessary. If significant changes have occurred since the initial review, the site may be visited again. Why is the CGS review letter so short and simple? What is my fee paying for? The CGS letter is a review of the geologic material submitted and reflects the level of detail contained in those documents. CGS does not offer designs, but rather ensures that the work that has been done is meaningful and adequate for the site conditions and proposed development. A site review that adequately addresses all the geologic conditions present at the site may be a short confirmation letter. If more work needs to be done or if difficult site conditions are present, the letter may be longer. What type of information do I need to submit to CGS for a land use review? The more geologic information that is submitted to CGS, the easier it is for CGS to evaluate the property. The required documents may vary based on county requirements and the potential problems that may impact the proposed development. A topographic map is essential. Also, information regarding slope, surficial materials, subsurface materials and bedrock, presence of groundwater and depth, and specific geologic hazards should be included, where applicable. Grading plans, drainage plans, and geotechnical testing results are also very helpful for the review. The presence of geologic hazards should be evaluated with respect to the development plan. Also, the effect of development on geologic conditions should be discussed. The evaluation should include alternatives such as avoidance and mitigation techniques. The subdivision down the road was approved, why wasn't mine? There could be several reasons: geologic conditions can change over short distances; subdivisions made prior to 1972 were not required to undergo a CGS review and may have not been evaluated for geologic suitability at all; the area down the road may be incorporated as part of a municipality, which exempts it from the CGS review process. Another consideration is that geologic reviews are continually evolving and site conditions that have been judged acceptable in the past may no longer be considered as such, based on the current understanding of the geologic processes and adverse impacts associated with them. 8 Why are CGS reviews required even on low-density properties? Senate Bill 35 pertains to subdivisions of less than 35 acres. Geologic hazards can occur on large -scales or small -scales; relying on low-density subdivision can not mitigate all geologic hazards. For instance, entire hillsides might be prone to rockfall or landslide hazards. Large tracts of land may be subject to groundwater problems. 9 Why can't I just use the soil conservation maps for a geologic report? The USDA soil conservation maps are a good start for geologic investigations, but do not contain sufficient detail on the possible geologic problems that may occur at any site. 10 Aren't some of your review comments beyond the scope of geologic hazards on my site? Teclmically other agencies have regulatory authority regarding issues such as flood plains, groundwater availability and wildfire, but these issues are also important factors in the overall geologic context of the site and may affect geologic hazards on the site. The mention of a condition in the CGS review letter is not intended to influence the statutory authority of any other agency, but rather to ensure that all parties are aware of a potentially problematic geologic condition. For instance, mention of a situation involving a major drainage is a flag that the U.S. Army Corps of Engineers or the Colorado Water Conservation Board should be reviewing development plans. 11 When I bought this property, no one told me about any geologic hazards on the site; can Igo back to the previous owners somehow? CGS can not give legal advice. If the seller was aware of adverse conditions with respect to the proposed use, this should have been disclosed. A legal opinion should be sought. 12 Can I get a waiver from having the CGS do a review? The discretion to grant waivers is vested by law with the counties. Once an application for review is submitted to CGS, we are under a statutory responsibility to respond. 13 I am willing to accept the risk associated with my property — why is it anyone's business what I do with my own land? The presumption associated with a subdivision is that portions of the property will be sold to others. This then assigns any risk to future buyers, and the county is required to protect their interests. Senate Bill 35 addresses a wide variety of land use issues as well as geologic suitability in an attempt to provide information so that the overall appropriateness of the subdivision proposal can be evaluated.