Loading...
HomeMy WebLinkAbout1.0 ApplicationRECEIVED GARFIELD COUNTY UEC, 1 4 2005 Building & Planning Department COUNTY108 8th Street, Suite 201 `i`L PLANNING Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.aarfield-county•com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: Lariat Lane Glenwood S rims, CO ➢ Legal Description: T. Teller S.rin_s Subdivision ➢ Existing Use & Size of Property in acres: ➢ Description of Special Use Requested: accessor dwelling unit and barn within flood fringe $ Lot 21 Land 10 es Construction of Main dwellin ➢ Zone District: A/R/RD ➢ Name of Pro ert Owner A Iicant : ➢ Address: ? arty M. & Robin S. Bones Telephone: ➢ City: State: _al_ Zip Code: 911753_ FAX: ‘ck�C-2.11c� ➢ Name of Owner's Re Gamba & Associates, Inc. resentative if an ➢ Address: ➢ City: .11..60 ➢ Doc. No.: ➢ Planner:. En Attorne Planner etc ineerin: & Surve in Ed Olszewski Telephone: • - s State: co Zip Code: Rt h FAX: 9_4_5=1_41D__ STAFF USE ONLY Date Submitted: TC Date: Hearing Date: Nov 17 05 0 :bea LarrDu ' NOV .16 '05 0y�ri ROARINm. orFORK �!D COPITES NoV_.... cuuD a • 9709461410 P.b P•6 . . • e slte.shatl be.pcated such that the notice r s cle t y the Planning D pattrnant, and conspiouously visible c. fr public right-of-way, with notice signs p 60 days from' a papplicant to poet the -The,must take plata at the sole responsibility of the aDp �� t y notato and ensure'hearindate and notice, and ensure that it remains posted until and during the date of the hearing, The . iicrairlt Is..raqulred to appear before the Board a iCjounty Commissioners sio est• at he time addition, : an !APP, • �nd'daia flf the public hearing at which time the Bo • the Applicant ahall provide proof, at the hearing, that proper notice was provided• Once the .Board makes a decision regarding the Special tarequest, USA ken by hStaff will lyd. Following the hg 5, pnC the action Appflcant with a signed resolution mernoriali�ing Specialit! issue the Use Permit to the applicant. •if the this Board's approval; this o c �"iconditions ot appeal to be met, this office will not issue the Board's approved alInUs . specific itions 01 approv i; Special al Use P'rmit�a pr6val is not finalized d unttil this office has Isau d the, approval; The l Use Use p Official special Use Permit cerltt►cate signed by the Chairman of. the Board of County CommisaiDners. ' .Fhava read,the ements above and havbest e provided tl required attached information which is co��;+ urale to fr Ade .:0 • (Signator= of applicant/owner) Last Revised: br/z5/aoo5 Nov 17 05 11:13a Larry Bones Nov 17 2005 2:55PM GRMBR A. ASSOCIFITES 970-963-3525 p.l 9709451410 p.4 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICAN D agree as follows: Terry Rnhi n Rnnes 1. APPLICANT has submitted to COUNTY an application for SpPri a 1 UqP PPrmi r der ' Lot 21 Te] ler Springs Subdivision (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred_ 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLIT % / Cat, igaatare Date; ///g,d/AS /,e1 Print am e Mailing Address: 1012094 Page 4 Special Use Permit Application for building in Flood Fringe Lot 21 of Teller Springs Subdivision Prepared for: Property Owner: Larry and Robin Bones 54 Iliwai Loop Kihei, HI 96753 Potential Property Owner: Ron York 18091 Riverchase Ct. Alva, FL 33920 Prepared by: Gamba & Associates, Inc. 113 9'h Street, Suite 214 Glenwood Springs, Colorado 81601 December 13, 2005 1 Table of Contents 1. Narrative 1 2. Water/Waste Water 1 3. Site Plan 2 4. Vicinity Map 2 5. Property Owners 2 6. Deed and Legal Description 3 7. Agent for Property Owner 3 8. Zoning Response 3 9. Garfield County Development Performance Standards for Residential Constructions Within Flood Prone Areas 4 Recommended Design Guidelines 5 10. Base Fee 8 11. Submittal 8 APPENDIX A - Special Use Permit Application APPENDIX B - Site Maps APPENDIX C - Vicinity Map APPENDIX D - Assessor's Map APPENDIX E - Warranty Deed APPENDIX F - Agent Letters APPENDIX G - Will Serve Letters APPENDIX H - Declaration of Covenants APPENDIX I - Mincer Floodplain Report APPENDIX J - FEMA Letters 1. Narrative Application for a Special Use Permit for Larry and Robin Bones to build within the Floodplain of the Roaring Fork River. Larry and Robin Bones request a special use permit for development within the floodplain on their 10.99 acre property described as Lot 21, of Teller Springs Subdivision, Section 12, Township 7 South, Range 89 West of the 6th P.M. Ron York is under contract to purchase Lot 21, of Teller Springs Subdivision from Larry and Robin Bones with the stipulation that a Special Use Permit to construct a main residence, accessory dwelling unit and a barn within the floodplain of the Roaring Fork River can be obtained. The Special Use Permit would be conveyed to Mr. York with the purchase of the property with the understanding that he must meet the requirements of the permit. A building envelope depicting the general area within the lot to be developed is defined on the enclosed Site Map. The specific building design, including the footprint and corresponding finished floor elevations, will be provided by the property owner at the time of building permit application. The enclosed Site Map also depicts the floodplain information for the Roaring Fork River. The floodplain information was used to establish both the boundaries of the proposed building envelope, as well as the finished floor elevations for any proposed residence to be constructed within the building envelope. The floodplain information depicted on the Site Map is based on the Mincer Floodplain Report prepared by Schmuesser Gordon Meyer, Inc. dated November 1992 and adopted by FEMA as a Letter of Map Revision (LOMR) on June 8, 1994. Any construction within the floodplain will be performed in accordance with Section 6.09 of the Garfield County Zoning Resolution of 1978. 2. Water/Waste Water Water service to the lot will be provided by the Teller Springs Homeowner Association from a water service connection located at the south end of the lot. Wastewater disposal for the lot will be provided by either an I.S.D.S constructed on the lot, or by pumping the wastewater into an existing 6" force main sewer line running along the west property boundary of the lot. The existing sewer line serves Ironbridge subdivision and is maintained by the Roaring Fork Water and Sanitation District (RFWSD). In order to connect to the existing sewer force main, 1 the lot owner must receive approval from the RFWSD. If this application is successful, the owner will begin negotiations and discussions with the district. Kinder Morgan will provide natural gas, Excel Energy is the electric provider, and Qwest will provide telephone service. 3. Site Plan Attached is a site plan, drawn to scale, depicting the property boundaries, existing structures, and all roads within one -mile of the site. Also included is an additional site plan detailing the flood way and flood fringe within Lot 21. 4. Vicinity Map A vicinity map based on a U.S.G.S. quadrangle map, at a scale of 1:24,000, is attached to this submittal package and shows topography. Additionally, the Site Map included depicts more detailed site-specific topography for Lot 21. 5. Property Owners A copy of the appropriate portion of a Garfield County Assessor's Map is attached to this submittal. Adjoining property owners and mineral rights owners are listed below. Adjoining Property Owners: Bair Chase Property Company, LLC 401 Junction Highway Kerrville, TX 78746 George & Jeri Sherick 150 County Road 126 Glenwood Springs, CO 81601 Terrence C Claasen 570 Detroit Street Denver, CO 80206 Aspen Glen Golf Company C/O Melrose Company P.O. Box 21307 Hilton Head, SC 29925-1307 2 Robbins, Philip E. P.O. Box 513 Glenwood Springs, CO 81602-0513 Teller Springs Homeowners Association 720 E. Durant Ave. Aspen, CO 81 61 1-2071 Gleason, Walter M., Estate of Attn: Cressey Nakagawa, 10170 Church Ranch Way 200 Westminster, CO 80021 Ironbridge Property Owners Assoc. Inc. 1007 Westbank Road Glenwood Springs, CO 81601 Mineral Rights Owners: William Walter Gentry P.O. Box K Meeker, CO 81641 6. Deed and Legal Description A warranty deed for the property, including a legal description, is attached to this submittal. 7. Agent for Property Owner Gamba & Associates, Inc. (G&A) is submitting this special use application package on behalf of the potential future property owner, Ron York, and the current property owners, Larry and Robin Bones. Two letters acknowledging this are attached to this submittal. 8. Zoning Response (1) As noted above, water service to the lot will be provided by the Teller Springs Homeowner Association from a water service connection located at the south end of the lot. Wastewater disposal for the lot will be provided by either an Individual Sewage Disposal System (I.S.D.S.) constructed on the 3 lot, or by pumping the wastewater into an existing 6" force main sewer line running along the west property boundary of the lot. Also as noted above, the existing sewer line serves Ironbridge subdivision and is maintained by the Roaring Fork Water and Sanitation District (RFWSD). In order to connect to the existing sewer force main, the lot owner must receive approval from the RFWSD. If this application is successful, the owner will begin negotiations and discussions with the district. Kinder Morgan has agreed to provide natural gas to the lot. Excel Energy will provide electric service, and Qwest will provide telephone service. A "will serve" letter from each utility provider is attached to this submittal. (2) Street improvements will not be required to access the lot. The site is accessed from County Road 109 via Lariat Lane. A driveway across Lot 21 will be constructed following approval of a building permit application to access the residence and accessory structures from Lariat Lane. (3) The structure will not exceed the applicable ARRD zoning restriction of a 25' maximum building height. Said maximum building height will be measured from the existing ground elevation. 9. Garfield County Development Performance Standards for Residential Constructions Within Flood Prone Areas According to Section 6.09.02(3) of the Garfield County Zoning Resolution, the following performance standards must be met for development in Flood Fringe/Flood Prone Areas: A. The lowest floor, including basement, of any new or substantially improved building designed for residential occupancy shall not be less than one foot above the maximum water elevation of the 100 -year flood. B. All new construction or substantial improvements shall be reasonably safe from flooding. C. Any new construction or substantial improvement designed for commercial or industrial uses shall either: a. Elevate the lowest floor level, including basement, to not Tess than one (1) foot above the maximum water elevation of the 100 -Year Flood; or b. Provide flood -proofing improvements so that below an elevation of one (1) foot above the maximum water elevation of the 100 -Year Flood, the structure, together with attendant utility and sanitary facilities, is water tight with walls substantially impermeable to the passage of water. Structure components shall be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Evidence shall be submitted and certified by a registered professional engineer or architect that the flood proofing meets the standards as set forth herein. 4 D. Any proposed development shall be reviewed by the Floodplain Administrator to insure that the potential for flood damage by the 100 -Year Flood is minimized, that all public utilities and facilities are located, designed and constructed so as to minimize damage by the 100 -Year Flood and that adequate drainage is provided to reduce exposure to flood hazards. E. All new construction or substantial improvements shall be designed and adequately anchored to prevent flotation, collapse or lateral movement, be constructed with materials and utility equipment resistant to flood damage, and be constructed by methods that minimize flood damage. F. New or replacement water supply systems and sanitary sewage systems shall be designed so as to minimize or eliminate infiltration of floodwaters. On -Site individual sewage disposal systems shall be located so as to avoid impairment of them or contamination from them during a 100 -Year Flood. G. Within any area subject to sheet flow (Zone "AO" on the Flood Insurance Rate Maps) all new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the highest adjacent grade of the nearest street to or above the depth number specified on the Flood Maps. Any new construction or substantial improvements of nonresidential structures in areas identified as subject to sheet flow shall have the lowest floor, including basement, elevated above the highest adjacent grade to or above the depth number specified on the Flood Maps, or, together, with attendant utility and sanitary facilities, be completely flood proofed to or above the elevation of the water surface as specified on the Flood Maps. H. All manufactured homes or those to be substantially improved that are to be placed within Zone A on a community's FEMA or FIRM shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. A manufactured home should be elevated a minimum of one foot above the base flood level and anchored to the elevated foundation. Recommended Design Guidelines Following are our Recommended Design Guidelines, which will insure compliance with the performance standards as noted above: A. Reference 6.09.02 (3) (A): As noted above, the flood surface elevations for the 100 -Year Flood event are depicted on the Site Map included with this application. The Site Map also includes calculated minimum finished floor elevations for any building designed for residential occupancy that is to be 5 constructed within the building envelope. As can be seen, the minimum Finished Floor Elevations labeled on the Site Map are calculated to be a minimum of one (1) foot above the maximum water elevation of the 100- Year Flood event. The specific minimum finished floor elevation for any building designed for residential occupancy shall be determined by applying the minimum Finished Floor Elevation from the Finished Floor Elevation label immediately upstream of the most upstream portion of the proposed building. B. Reference 6.09.02 (3) (B): As provided in the Garfield County Zoning Resolution of 1978, the definition of the Flood Fringe is as follows: That area of the floodplain shown on the flood maps which lies outside of the floodway, in which the depth and velocity of the waters of the 100-Year Flood do not present as serious a threat to life and property as do depth and velocity of the 100-Year Floodwaters in the floodway. it is that area of the 100-Year Floodplain in which the use of fill and flood-proofing techniques may be allowed for development, without raising the water surface elevation of the 100-year Flood by more than one (1) foot. As previously noted, the entire building envelope as proposed is located entirely within the Flood Fringe. By definition, the flood fringe is not subject to "as serious a threat to life and property" as an area within the floodway. Furthermore, all foundations shall be designed by a Registered Professional Structural Engineer. The structural engineer should review foundation designs in regard to hydrostatic and hydrodynamic loads, and buoyancy. Based on the position of the building envelope within the flood fringe and the requirement for all foundation designs to be approved by a registered structural engineer, any construction or substantial improvements will be reasonably safe from flooding. C. Reference 6.09.02 (3) (C): Since any proposed construction or substantial improvements for this site will not be designed for either commercial or industrial uses, this performance standard does not apply to this application. D. Reference 6.09.02 (3) (D): Prior to issuance of a building permit for any structure to be located within the proposed building envelope, the owner shall submit a Site Plan as required by Garfield County Building and Planning Department. The site plan shall include the footprint of the proposed structure as well as the finished floor elevation of the proposed structure, which is to be determined as stated in 6.09.02 (3)(A) above. In addition to the review of the Site Plan by the Building And Planning Department, the Site Plan shall also be reviewed by the Floodplain Administrator to verify compliance with these design recommendations. The applicants do not propose to construct any public utilities or facilities on the site, therefore, that statement in the Performance Standards is not applicable to this application. 6 1 E. Reference 6.09.02 (3) (E): As noted above in 6.09.02 (3) (B), all foundations shall be designed by a Registered Professional Structural Engineer. The structural engineer shall review foundation designs in regard to hydrostatic and hydrodynamic Toads, and buoyancy. This design guideline should insure that all new construction or substantial improvements should be designed and adequately anchored to prevent flotation, collapse or lateral movement. F. Reference 6.09.02 (3) (F): As noted above, the water service for Lot 21 is from a central water supply system serving the Teller Springs Subdivision. The specific water service pipeline connection serving Lot 21 is located at the southern end of the lot, and will be extended to the north to connect to the proposed structures within the building envelope. The water service pipeline shall be constructed with a minimum depth of bury of 5.5 -feet. This depth of bury should protect the waterline from both freezing as well as any infiltration or damage resulting from the 100 -Year Flood. As noted above, the proposed wastewater disposal for the lot will be provided by either an I.S.D.S constructed on the lot, or by pumping the wastewater into an existing 6" force main sewer line running along the west property boundary of the lot. If an ISDS is to be constructed, the ISDS shall be designed by a registered professional engineer. Additionally, the ISDS absorption area (leach field) shall be situated on the portion of Lot 21 southwest of the proposed building envelope at an elevation above the maximum water surface elevation of the 100 -Year Flood. This will require the installation of a wastewater pump station to lift the wastewater to the higher elevation. Both the wastewater pump station as well as the septic tank for the ISDS shall be equipped with watertight manhole covers and provided with adequate buoyancy compensation to mitigate buoyant forces during empty conditions. If the wastewater is to be pumped into the existing 6 -inch force main, then a wastewater pump station will also be necessary. Similarly, this wastewater pump station shall be equipped with a watertight manhole cover and shall be provided with adequate buoyancy compensation to mitigate buoyant forces during empty conditions. With these design guidelines, the water supply and sanitary sewage systems should be designed so as to minimize or eliminate infiltration of floodwaters, damage by floodwaters, or contamination from the sewage system during a 100 -Year Flood. G. Reference 6.09.02 (3) (G): Since there is no portion of Lot 21 subject to sheet flow (Zone "AO" on the Flood Insurance Rate Maps, this performance standard does not apply to this application. H. Reference 6.09.02 (3) (H): Since the applicants do not propose to construct a manufactured home on Lot 21, this performance standard does not apply to this application. 7 10. Base Fee A check in the amount of $400.00 is included with this application submittal. A signed "Agreement for Payment" is attached to this submittal. 1 1. Submittal Two copies of this submittal, including the completed application, are to be submitted to the Building and Planning Department. 8 APPENDIX A - Special Use Permit Application 9 APPENDIX B - site Maps 10 APPENDIX C - vicinity Map 11 k.../..-: L.„-• •,••,p , 3 , • /26i4e I. ,, ; (_:,..._...,/- 1 • A- --- ,1•• I / I Is ( t,-; •••... • •t„..,•—• ;., ...... \ . \ / ESZISSI. 4.11MX,11111MVIS4.611.111 SIMINE•11 TIMMS IMLNEINSIMMEL-1}1 VICINITY MAP ;CALE: 1' = 2000 1 DATE: NOVEMBER 7,2005 'SHEET: lof 1 PROJECT: 05587 pRAWING: Isloge.thq bIRECTORY: HAOSSBASPeetfal Use NO DRAWN BY: BK CHKD BY. AUG GAMBA & ASSOCIATES Ron York National Land Group, Inc. GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 970/94S-2550 WWW.GAMBAENGINEERING.COM 113 NINTH ST.. STE. 214 P.O. BOX 14313 GLENWOOD SPRINGS. CO .1602 1 APPENDIX D - Assessor's Map 12 C Adjoining 2393 APPENDIX E - Warranty Deed 13 110111 11111111111 III 111111111111111111 III 111E11111111 510o0 2 R 10.00 D 28.5090 GARFIELDCO11:A 131185 UNTY CO WARRANTY DEED TiIIS DEED , Made on this day of between ROSS D.IEFFERY December 20 L999 of the County of GARFIELD LARRY M. BONES AND ROBIN S. BONES o'clock M. By_ RECOROER DEPUTY. and State of 'Colorado of the Grantor(s), and whose legal address is : f090County ofALLEY ROAD EAGLE— ed State of Colorado , of the Grantee(s): of the 8285.000.00 ) WITNESS, That the Grantor(s), for and in consideration -of the sum of ( •pOLl,,1ft5 ••• TiwI kindred Eighty Five 'Thousand and 001100 ••• the receipt and tuff iciency of which Is hereby acknowledged, has granted, bargained, sold and conveyed, and by these thele hefts and assigns forever, all the unto theperty, together firth improvements, assigns if any, sforever, not not in noes grant, mon but nejli convey and confirm real the Grantee(s), together Stateiof Colorado, i f y as follows: lyingin tdnbein ini common but in joint tenancy,uof GARFIELD i end being in the �-- County "�--~ ly ng LOT 21 TELLER SPRINGS SUBDIVISION ACCORDING TO THE AMENDED PLAT OF LOTS 5 AND 21, "TELLER SPRINGS SUBDIVISION. RECORDED APRIL 14, 1993 AS RECEPTION NO. 446368. COUNTY OP GARFIELD STATE OF COLORADO TBD LARIAT LANE, GLENWOOD SPRINGS, CO 81601 also known as street number appurtenances thertbelonging, orninallanywise espptetoining TOC reersiTIIER with all rod ns,•resingular and hereditaments and eppu it tohereof in and all •the aboveee, bargained and tie reversion claim aril reversions, remainder of remainders,Grantor( renes, either in and profits title interest, and demand whatsoever of the Grantor(s), In law or equ yrtenances, unto the Grnntre(s), rant premises, with the hereditements end appurtenances; personal representatives, does covenant, 9 TO Itrs a d a 0TO g iIOLr theforever. the premises above himselfe,dhisdheirs ra and w a and delivery led, sure, imeo ft, absolute molal and idddetivery their heirs and assigns forever. The Grantor(s), afbargothese and agree heto and with the Grantehe p their heirs end assigns, that at the time of the ensea to of presents, he is well seized of the preasibie emises above conveyed, power and lawful perfect, ty to grant, bargain, estate of invey tante, a tau, in fee simple, and hosegood right, 1999 AND dUBSGQUFo I' of wh YEARS, AND SUBJECT orrf at Ire so er ti. sins sales, Piens, taxes, assessments, encumbrances and restrictions of whatever kind nature slaver, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all farmer and grants, berg EXCEPT (iCNCRAR SARK AND , ANTS FOR RIC YEAR IIIiSRRVr1l'ION Illi'IS. E�RICIIONS, COVENANTS AND RIGHTS OF WAY Olt RIiCOKp, If ANY AND CNOSF. PROVISIONS AS ti FDI(TI1 IN EX premises in the quiet and peaceable person or persons lawfully claiming the Wender Thep hole Grantor(s) heal) and will his hAND andFassigVERns, s, against eltvand oevery d the use ng theany 9 orrsonypar of the Grantee(s),his heirs ll incl 9 lural, and the plural the singular, and any part thereof. the singular number shall include the p above.shall be applicable to all genders. �' IN WITNESS WITEREOF the Grentorls) has executed this deed on t e date se forth / i f SS U. JEFFER STATE OF Colorado )ss. n ) County of ��_----- the foregoing instrument was acknowledged before me on this day of by ROSS D. JEFFERY My commission expires Witness my herd end official seal. JE`'fiNIF%R IUACO December 20 1999 ..r ',OLORADO crowN a523�7AB.. •- 1tIeff GW232790 ;.., tn•�'caipnt.-vin+S�?-,!11/:h01 ... vrm No. 921A Rev 4-94. WARRANTY DEED (Joint !events WOJIJ1... ,DPEN) Description ( 38.35.106.5, C.R.S.) 4 When Recorded Return to: CHARDON 211211 MIDLAND AVE BASALT, CO 81621 • I 111111 111111 Illy 1111111111111111111111111111.1IlliI#11 337000 12/21/1999 11109A 61163 P927 M ALS 2 of 2 R 10.00 D 28.30 GARFIELD COUNTY CO EXHIBIT A RESERVING to Grantor exclusive easements for the purpose of laying, constructing, operating, inspecting, maintaining, repairing, replacing, substitution, relocating and removing natural gas, electricity and communication lines and the appurtenant parts thereof upon, under and across said Lot 21. Said easements have not been legally surveyed as of the date of thisagreement, but generally proceed across Lot 21 from the northerly boundary line of Lot 21 to the northwesterly comer of an adjacent property now owned by Grantor and known as the Mincer Parcel. It is acknowledged and agreed that such easements are reserved exclusively in favor of Grantor. Grantor's successors and assigns. All utilities shall be installed or relocated below the surface of the Lot 21, except for necessary surface facilities. Grantees may relocate such lines and easements -as necessary to reasonably accommodate the construction of improvements on Lot 21. Such relocation shall be at Grantees' .sole cost .and expense and in a manner which will not unreasonably disrupt such services to the Mincer Parcel and upon reasonable notice to Grantor. Upon completion of the relocation, either party may require a survey of the easement by a professional land surveyor, licensed in this state. The cost of such survey shall be paid by the party requesting same. -Upon completion and acceptance of such survey, the parties agree to amend the easements to incorporate the survey description of the utility easements and to quit claim any reserved interest of Grantor in the prior location of any relocated easement. APPENDIX F - Agent Letters 14 Nov 17 05 09:51a Larry Bones NOV 16 '05 (46: 15}-I1 ROWING FORK La`ID CO Nov 16 2005 5:31PN GAMBA L n55UL:rRTE3 November 16, 2005 970-963-3525 9709451410 Fred Jarman Garfield County Building and Planning Department 108 8'}' Street Suite 201 Glenwood Springs, CO 81601. RE- ,Agent Authorization for Special Use Permit Application p.1 P.2 P.2 Dear Fred: This letter provides acknowledgement to the Garfield County Building and Planning Department that the engineering and surveying firm ofGamba & Associates, Inc. and attorney Ed Olszewski are acting on behalf of Lorry and Robin Bones, property owners of Lot 21, Teller Spring Subdivision and Ron York a potential buyer of said lot 21, for the•purpose of applying -for a Special Use Permit. We askBhl�Gd ofbCou � Cornmissnoner's hc. and earing, represent both parties a Mr. York is under contract to purchase.Lot 21, of Teller Springs. Subdivision from my wife and 'under the stipulation that a Special Use Permit to construct a residence, accessory dwelling unit and o barn within the floodplain of the Roaring Fork River ccn be obtained. The Special Use Permit would be conveyed io Mr. York with the purchase of the property with the understanding that he must meet the requirements of the permit. Thank you, -n• nes Robin Bones H:\05587\Speciel Usa Permit prooess\20051115 Agent Latter.doc Britt Kelly, Gumbo 8. Ascociotes, Inc. , Ed O1ss+eiky,.Attorrwy • Ron York Authorization kw Spsca411re Permk Application Novsmbe't 15. 2005 Page 1of? Mov 10 2005 4:31PM GAMER 11, ASSOCIATES November 18, 2005 9709451410 P•1 Fred Jarman Garfield County Building and Planning Department 108 8'h Street Suite 20.1 Glenwood Springs, CO 81601 RE: Agent Authorization for Special Use Permit Application Dear Fred: This letter provides acknowledgernent to the Garfield County Building and Planning Department thot the engineering and surveying firm of Gamba & Associates, Inc..and attorney Ed Olszewski are acting on behalf of Larry and Robin Bones, property owners of Lot 21, Teller Spring Subdivision and myself, a potential buyer of said Lot 21, for the purpose of applying for a Special Use Perrnit. I ask that Gamba & Associates, Inc. and Ed Olszewski - represent both parties at the Board of County Commissioners hearing. I orn under contrail to purchase Lot 21, of Teller Springs Subdivision from • Larry and Robin Bones with the stipulation that a Special Use Permit to construct o residence, accessory dwelling unit and o barn within the floodplain of the Roaring Fork River can be obtained. The Special Use Permit would be conveyed in purchase of the property with the understanding I will meet the requirements of the permit. Thank you, Ron York H:\05587\Special Use Perrnit p cc: s\20051115 Agent Letter.doc Britt Kelly, Oombo & Associates, Inc. Ed Olszewski, Attorney Lorry & Robin Bones Authorization for 5pecio7 Use Permit Application November 77, 2005 Page 1 o APPENDIX G - Will Serve Letters 15 KINDER ORGAN 0096 County Rd 160 Glenwood Springs, Co 81601 ATTN: FAX #: COMPANY: FROM: PHONE: No. of Pages: 970 (970) 928-0401 telephone (970) 928-0406 fax FACSIMILE COVER SHEET Carter Page 945- 1 0 Gambit En Jeff Nelson — Field Coordinator 928-0408 1 (cover page included) Message: Will Serve Letter Carter, FAX: 19701928-0417 Date: 1.1/18/05 Kinder Morgan will serve Lot 21 Teller Springs, Garfield County with natural gas service. Thanks, Please call ( facsimile. 92S-0408 if you did not receive all pages of this Xcel EnergyW 2538 Blichmann Avenue Grand Junction, Colorado 87505 November 22, 2005 Brit Kelly Gamba & Associates PO Box 1458 Glenwood Springs, CO 81602 Deax Mr. Kelly, The area of Teller Springs Subdivision in .Glenwood Springs (Lot 21, Teller Springs) is in Public Service Co of Colorado's service territory and will be served by Public Service Co in accordance with the Rules and Regulations on file with the Colorado Public Utilities Commission at the time of application. 1 have enclosed an application for electric service. If I can be of further assistance, please contact me at 970-244-2695 or 970-244-2661 FAX. Sincerely, Tillmon Mc c ogler Planner, Western Division ** TOTAL PAGE.02 ** APPENDIX H - Declaration of Covenants 16 •REC OR DED AT Vie! R EC 1 4.Z1.2 0.cL0cx T A 1114.1 MILDRED ALSORF• t0110117 CLERK DECLARATION OF COVENANTS, CONDIIIONS, RESTRICTIONS AND EA FOR SPIUNGS SUBDIVISION ARTICLE I - STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS Section 1.1 Section 1.2 Bnnx 815 PtGE354 Imposition of Covenants Declarant's Intent ARTICLE TI - DEFINITIONS Section 2.1 Section 2.2 Section 2.3 Section 2,4 Section 2.5 Section 2.6 Section 2.7 Section 2.8 Section 2.9 Section 2.10 Sconce 2.11 Section 2.12 Section 2.13 Section 2.14 Section 2.15 Section 7.16 Section 2.17 Section 2.18 Section 2.19 Section 2.20 Section 2.21 1 1 ' Articles' or 'Article* of Incorporation" 1 'Aseinstneses* 1 • Associatioe • 1 "Board of Directors" or 'Board' 1 "Bylaws' 1 "Comma Arees* 1 Dec.... 1 'Denim Guidelines2 *Design Review Committee° nr "committee 2 •Improventense" 2 'Lot 2 'Maintenance Fund• 2 'Member" 2 "Mortgage' 2 "Motgagee. 2 'Owner' 22 'Property • 2 "Recnntional Facilities' 2 "Rules" 2 "Teller Springs Documents" 2 ARTICLE III - THE ASSOCIATION Section 3.1 Section 3.2 Scotian 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 Membership 2 Classes of Membership and Voting Rights 3 Rules 3 As.istance to Design Review Committee 3 Slccessor to Declarant 3 Implied Rights and Obligations 3 Resolution of Disputes 3 ARTICLE IV - COVENANT FOR ASSESSMENTS Section 4.1 Section 4 . 2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 Section 4.7 Creation ot the Lien and Personal Obligation for Assessments 4 Purpose of Assessments 4 Calculation and Apportionment of Annual Assessment 4 Special Assessment 4 Uniform Rate of Assessment 4 Date of Commencement of Annual Assessments: Due Deer 4 Default Assenntmets .4 Bnox 815 ptc€3W Section 4.8 Effect of Nonpayment of Assessment: Lien and Reniedies 5 Section 4.9 Successor's Liability for Assessment 5 Section 4.10 Subordination of the Lien 5 Section 4.11 Notice of Action 5 Section 4.12 Exempt Property 6 Section 4.13 Statement of SlAtus of Assessments 6 Section 4.14 Failure to Assess 6 ARTICLE V - PROPERTY RIGHTS Section 5.1 Common Areas 6 Section 5.2 Association's Responsibility for Common Areas 6 Section 5.3 Water Rights 6 Section 5.4 Water System Operation 6 Section 5.5 Reserved Rights in Water System 7 Section 5.6 Roads 7 Section 5.7 Owners: Easements of Enjoyment 7 Section 5.8 Recorded Easemaits 7 Section 5.9 Utility Easements 7 Section 5.10 Reservation of Easements, Exceptions, and Exclusions 8 Section 5.11 Emergency Access Easement 8 Section 5.12 Maintenance Easement 8 Section 5.13 Drainage Easement 8 Stion 5.14 Pedestrian, Equestrian and Fishin Easements 8 Section 5.15 Easements Deemed Created 8 Section 5.16 Ownership of Personal Property aod Real Property for COMMON] Use 8 ARTICLE VI - DESIGN REVIEW COMMITTEE Section 6.1 Committee Membership 8 Section 6.2 Purpose 9 Section 6.3 Organization and Operation of Committee 9 Section 6.4 Expenses 9 Section 6.5 Design Guidelines and Rules 9 Section 6.6 Limitation of Liability 9 Section 6.7 Required Approval 10 Section 6.8 Removal of Nonconforming Improvements 10 ARTICLE VII - PROPERTY USE RESTRICTIONS Section 7.1 General Restriction 10 Section 7.2 Subdivision of Lots 10 Section 7.3 No Partition of Common Areas 10 Section 7.4 Vehicles 10 Section 7.5 Excavation or Fill 10 . Section 7.6 Wells 11 Section 7.7 Signs 11 Section 7.8 Animals and Pets 11 Section 7.9 Drainage 11 Section 7.10 Sanitation 11 Section 7.11 Temporary Structures 11 Section 7.12 Towers and Antennae 11 Section 7.13 Outside Burning 11 Section 7.14 Noise 11 Section 7.15 Lighting 11 il ?fl M 815 ref1356 S.....'4.ton 7.16 Obstructions 11 Section 7.17 Number and Location of Buildings 12 Section 7.18 Building Character and Construction 12 Section 7.19 Fences 12 Section 7.20 Service Facilities 12 Section 7.21 Spring Access and Fencelines on the Eastern Linea of Lots 5 dirough 15 12 Section 7.22 Maintenance of Landscaping 12 Section 7.23 Continuity of Construction 12 Section 7.24 Minerals 13 Section 7.25 Nuinances 13 ARTICLE VIII - INSURANCE AND FIDELITY BONDS Section 8.1 Hazards Insuranoe 13 Section 8.2 Liability Insurance 13 Section 8.3 Fidelity Insurance 13 Section 8.4 Provisions CG111111011 to Hazard Imetrunce, Liability Insurance and Fidelity Insurance 13 Section 8.5 Officers' and Directors' Peewee' Liability Insurance 14 Section 8.6 Wodcer's Compeseetion Inainance i4 Section 8.7 Other Insurance 14 Section 8.8 Insurance Obtained by Owners 14 ARTICLE IX - DAMAGE OR DESTRUCTION Section 9.1 Association as Attorney in Fact 14 Section 9.2 Estimate of Damages of Destruction 14 Section 9.3 Repair and Reconstruction 15 Section 9.4 Funds for Repair amd Reconstructica 15 Section 9.5 Disbursement of Funds for Repair and Reconstruction 15 Section 9.6 Decision Not to Re....ttikl 15 Section 9.7 Dwain or Destruction Affecting Lots 15 ARTICLE X - CONDEMNATION Section 10.1 Rights of OWtieti 15 Section 10.2 Partial Condemnation; Distribution of Award; Reconstruction 15 Section 10.3 Complete Condenmation 16 ARTICLE XI - EXPANSION AND WITHDRAWAL Section 11.1 Reservation of Right to Expend 16 Section 11.2 Declaration of Annexation 16 Section 11.3 Incorporation of Additional Adjoining Property 16 ARTICLE XII - MORTGAGEE REQUIREMENTS Section 12.1 Mortgagee Requirements 16 Section 12.2 Mortgagees' Rights 17 Section 12.3 Title Taken by First Mortgagee 17 ARTICLE XIII - ENFORCEMENT OF COVENANTS Section 13.1 Violation Deemed a Nuisance 17 Union 13.2 bating 13.3 Swim 13.4 &ens& 11.5 Section 13.6 Scotian 13.7 Section 13.8 Section 13.9 Mint In CNN* &kw Rionales Menenolonite Ressedian No Waiver NoTJ Recovszy of Coos ARTICLE XIV - DURATION OF COVENANTS AND AMENDMENT Section 14.1 Section 14.2 Section 14.3 Section 14.4 Section 14.5 Section 14.6 Section 14.7 Term Ainsaelseent %al ItindilicatienetetIlliiira Aniesdneist by Neiman Notice of 4kmatiimest Effective en Resording Revocation ARTICLE XV - MISCELLANEOUS PROVISIONS Section 15.1 Section 15.2 Section 15.3 Section 15.4 Section 15.5 Section 15.6 Section 15.7 Section 15.8 44# Sevombility Conettuction Headiap Nonce Waiver Conflicts Between Documests Rule Ageing Perpetuities Arignaleat 17 17 17 17 17 17 17 17 18 11 18 11 18 18 18 18 18 19 19' 19 19 19 19 BOOK 815 PACE 3S8 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR TELLFA SPRINGS SUNDIVISION Ross D. Jeffery, ("Declarant"), as owner of certain real ply in the Coup ty of Garfield, State of Colorado, known u the Teller Springs Subdivision, ('Teller Springs'), and described in Exhibit "A" annexed hereto, (the "Property"), hereby make the following declarations: ARTICLE 1 STATEMENT OF PURPOSE AND IMPOSI'ITON OF COVENANTS Section 1.1. Iniaggigiaskgammai. Declarant hereby mikes, declares, and establishes the following covenants, conditions, restrictions, and casements ("Covenants') which shall affect all of the Property. From this day forward, the Property shall be held, add and conveyed 'abject to theme Covenants. These Covenants shall run with the land and shall be bindhng upon ell persons or amities having any right, tine, or interest in all or any part of the Property, including Declarant, and their heirs, successors, amigos, temente, guests aid invitees. These Covenants shall inure to and are imposed for the benefit of all Owners of parcels of land located within the Property. Section 1.2. Dadarant`s Wu. Declarant desires to ensure the attractiveaaos of individual lots and improvements to be made within the Property, to prevent nary future impairment of the Property, and to preserve, protect, aid enhance the values and amenities of the Property. It is the inmost of Declarant to guard against the construction on the Property of Improvements built of improper or tie =serials or with improper quality or methods of moots. Declarant intends to encourage the cooatructaon of attractive permanent Improvements of advanced technological, architectural, and engineering design, appropriately located to preserve the harmonious dev t of the �Q� Property. Declarant intends to develop and maintain a desirable high quality rural residential project on tb, Property emphasizing equestrian recreational amenities. ARTICLE 11 DEFINITIONS The following terms, as used in this Declaration, are defined as follows: Smeaton 2.1. "Articles" or "Articles of Incorporation' shall mean the Articles of Incorporation of the Association filed with the Secretary of State to create the Association, as said Articles may be amended from time to time. Section 2.2. " Amessmente shall mean annual, special, and default assessments Ievied pursuant to Article IV below to meet the financial requirements of the Association. Section 2.3. "Assoc4atiost" shall mean the Teller Springs Homeowners' Association, a nonprofit membership corporation, or any ssiccesnor of the Assoeiarion by whatever name, :hanged with the duties and obligation set forth in this Declaration. Section 2.4. "Dowd of Directors" or "Board" shall mean the Board of Directors of the Association. Section 2.5. "Bylaws" shall mean the Bylaws of the Association which establish the methods and procedures of is operation, as amended from time to time. Section 2.6. 'Common " shall mean all real property, including any improvements and fixtures in which the Association owns an interest for the common use and enjoyment of the Owners. Such interest may include, without limitation, estates in fee or easements. Section 2.7. "Declarant" shall mean Ross D. Jeffery, his heirs, successors and assigns. -1- r Bno 81.E.Ptr,I 1 . Section 2.8. "riga Guidelines" shall mean the guidelines anti rules published and amended and supplemented from time to time by the Design Review Committee. Section 2.9. "Desiglt Review Committee" or 'Committee shall mean the committee formed pursuant to Article VI below to maintain the quality and architectural harmony of Improvements in Teller Springs. Section 2.10. "Improvements' shall mean all dwellings, gusgen, barna, outbuildings, swimming pools, tennis courts, ponds, other structures, parking areas, loading areas, fences, walla, he _gas, plantings, pots, antennae, driveways, signs, fills. excavations and other site work, including, without limitation, grading, roads, utility improvements, removal of trees and shrub and any new exterior construction and changes in exterior color or shape which may not be included in the foregoing. 'Improvements" do include both original improvements and all later changes and improvements. Section 2.11. "Ize shall mean each separate parcel of land designated as a lot on the Subdivision Map of Teller Springs recorded by Declarant and reserved for residential purposes. Section 2.12. "Msintenae Ful" :mall mean the fund created by Assessments and fees levied pursuant to Article IV below to provide the Association with the funds required to carry out its duties under this Declaration. Section 2.13. "" shall meas any person or legal entity holding membership in the Association. Section 2.14. "Mort2aRc" shall meas any mortgage, deed of trust, or other document pledging any portion of the Property or interest therein as security for tine psyment of a debt or obligation. "First Mortgage" meatus any Mortgage, which is not subject to any lien or encumbrance except liens for taxes or other Gens which are given priority by statute. Section 2.15. 'Mutgai ee" small mean a beneficiary of a mortgage. as well as a named mortgagee. "First Mot -team' means any person named as a mortgagee under a mortgage, which Mortgage is not subject to any lien or encumbrance except lien for taxes or other Iiens which are given priority by statute. Section 2.16. "owner" shall mean the owner of record, whether one or more persons or legal entities, of a fee simple title to any Lot, but shall not mean or refer to any person or entity who holds such interest merely as security for the performance of a debt or other obligation, including a Mortgage, unless and until such person or entity has acquired fee simple title pursuant to foreclosure or other proceedings. Section 2.17. "Plat" shall mean any maps affecting the Property and filed in the office of the Clerk and Recorder for Garfield County, Colorado, as such maps may be amended from time to time Section 2.18. "Property' shall mean and include the property initially subjected to this Declaration and azy additional real property from time to time made subject to these Covenants pursuant to the provisions of this Declaration. Section 2.19. "Recreational Facilities' shall mean the recreational facilities or amenities owned by the Association and located on the Property from time to time. Section 2.20. "Rules" shall mean the rules adopted by the Association as provided in Article III below. Section 2.21. "Teller Springs Documents" shall mean this Declaration, the Articles of Incorporation and Bylaws of the Teller Springs Homeowners' Association, the Design Guidelines and Rules of the Association. ARTICLE 1ZI THE ASSOCIATION Section,3.1. Membershiv. Every Owner, by virtue of being an Owner, and for so long as he or she is au Owner, shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. No Owner, whether one or more persons, shall have more than one membership per Lot owned, but all of the persons owning each Lot shall be entitled to rights o. membership and to use and enjoyment appurtenant to such ownership. -2- Section 3.2. Clauses of Membershie emd Voting Ree. The Alsociation shill have two classes of voting dip: Class A: Clans A Members shall be all Owners, with the exception of Declarant, Each Class A 'Member shall be entitled to a specific number of votes based on one vote for each LA owned. When more dean one person ho1da an interest in any Lot, all such persons shall be Members, The vote for such Lot shall be exercised by a designated Mead as the Owners of such Lot determine, and the Secretary of the Ansociatioe shall be notified of such deaigmation prior to any Wig. le the absence of such notice, the vote allocated to such Lot shaft be suspended in the event more than nae person or entity nosh to exercise the right to vote. Any Owner of a Lot which is leased may assign hie voting right to the tenant, provided that a copy of the instrument of assignment is furnished to the Secretary of ti>d Association prior to any Meeting in which the tenant exercises the voting tight Clams B: Class 8 Members shall be Declarant and any successor of Declarant who takes title to all or part of the Property for the purpose of development aid sale and who it ' designated of a successor declarant in a recorded instrument executed by Declarant. Class B Members :ball be eatided to three times the vote otherwise allocated to Class A Members for c ell Lot owned by a Claes A Member. Class B Membership shall terminate on either of the following date:, whichever occurs surlier: !a) December 31. 1999. or {b) The date on which Declarant conveys a majority Of Lots to Class A Members. From and after the termination of t.re Claes B membership, tom, Declarant and any designated successor declarant shall be entitled to vote oil the same basis as Class A Members. At such time, Declarant shall call a meeting of Owners,. as provided by the Bylews for special noetiegs, to advise the membership of the termination of Cletus B Member status and to transfer control of the. Association to the Clam A 'Welshers, Section 3.3. Ridge. The Association, from time to time and whine to the provisions or the Documents may amend and repeal rules and regulating,Y apt, to be Deanna as the 'Kuhns,' governing, at:soag other things and without Limitation: the use of Common Areas, the use of private roads, coLiection and disposal of garbage and trash, the boning of optic fires the control of .animals, parking rash-ietioa►s and limine, the posting of maximum speed for vehicular traffic and other traffic rules, eetablishmeet of times or other restrictions when commercial vehicles may be permitted to use any or all of the roads and a schedule of fines for the infraction of the Rules, A copy of the Rules in effect shall be distributed to each Member of the Association, and any change in the Rules shall be distributed to each member within a reasonable time following the effective date of the change. Section 3.4. A t g;L.Review C3, The Association shall cooperate with and assist the Design Review Committee in the attainment of the Committee's functions, and in the enforcement of its and decisions. guidclimas, rules, regulations Section 3.5. Successor to D... arrant. The Association shall succeed to all of the rights, dunes and responsibilities of Declarant under this Declaration upon termination of the Class B membership in accordance with Section 3.4 above. Section 3.6. Implied Riyhts spd Obligations. The Association may exercise any other right or privilege given to it expressly by the Teller Springs Documents, and every other right or privilege reasonably to he implied from the existence of any right or privilege given to the Association under this Declaration or reasonably necessary to effectuate any such right or privilege. The Association shall perform ail of the duties and obligations imposed on it expressly by the Teller Springs Documents, 'ogetlser with every other duty or obligation reasonably to be implied from the express provisions of the Tellser Springs Documents, or reasonably necessary to satisfy any such duty or obligation. Section 3.7. Rtaeo;utioa of Disputes. If any dispute or question arises between Members or between Members and the Association or the Design Review Committee relating to the interpretation, performance or nonperformance, violation of enforcement of the Teller Springs Documents, such dispute or violation may be subject to hearing and determination by the Board in accordance with the procedures set forth in the Bylaws. Ei;'.1K 815 p!rl~:361 ARTICLE ry COVENANT nnnucaviceto.,mc Section 4. 1.`lase Declarant, for each Lot owned within the Property, hereby covenants. and earl. Owner of any L. by omen ace of ai deed therefor, whether or not it shall be so expressed in any such deed, are deemed to covenant and agree to pay to the Association: (1) Annul Assessments or charges as provided in this Declaration for the purpose of ftmdiag the Maintenance Fund; (2) Special Assessments for capital improvements and other purposes as stated in this Declaration, such aatrfwai aid Special Assam -enter to be fixed, established, and collected from time to time as provided below; and (3) Default Assessments which may be assessed against a Lot pursuant to the Teller Springs Documents for the Lot Owner's failure to perform ars obligation tinder the Teller Springs Documents or because the Association has incurred an expense on behalf of the Owner trader the Teller Springs Documents. The Annual, Special, and Default Assessments,together with interest, costa, and reaeoeal]le attorney's fees, shall be a charge on and a continuing lien against the Lot against which each such Aaseeemeet is made until paid. Each such Assessment, together with interest, cc its, and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Lot et the time when the Asan,..._ -Seim fell due, and two or more Owners of a Lot shall be jointly and severally liable for such obligations. Section 4.2. gym of assossasemts. The Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the Owners and oonmants of Teller Springs and for the improvement and maintenance of the Common Arens, including, but not limited to, the payment of taxes and insurance on the Common Areas, and repair, replacement, and additions to any its oa the Common Areas, reserve accounts for repairs, replacement an maintenance, capital improvements, the coot of contract labor, equipment, =taints, manageme►st, and supervision, and the salary or tee a employee., proiawional fees, utilities, transportation, aervio' fees and other customary charges. Section 4, 1. filsaiskilmilluzzabgeimmisitAinaLsanismat.The Board of Directors shall prepare a budget by October i of each year estiniseng the Aasoeiatioe's aeticnaseed finsinc;al requirements for the treat year and any pricy: deficiencies and an estimate of the Annual Arressnraor to be charged each Owner, and the Board shall mail the proposed budget to the Owners. On or before December I of each year, the Board siball approve the budget and shall determine, levy and assess rho Association's Annual Asaesamenta for the coating fiscal year. Section 4.4. lissiigiAgiggisugat. In addition to the Annual Ass anaeota, the Board of Directors may levy in any fiscal year one or more Special Assessments, appiicab a to thse yen only, for the of defraying, the cost of any purpose is whole or in part, construction or �, repair or replacement of a described capital improvement upon the Common Areas, including the oeceeeary fixtures and peteonal ply related thereof, or to make up any shortfall in the current year's budget. Notice of the amount and due dates for such Special its must be sent to each Owner at least thirty (30) days prior to the due date. Section 4.5. Uniform Rate of Assessment_ Both the Annual and Special Assessments must be fixed at a uniform rate for each Lot. Section 4.6. Daft of Comet of Aaival Asoma; Due_ Dates. The Annual Assessments shall commence as to all Lots on the first day of the month following the conveyance of the first Lot to an Owner. The first Annual Assessment ehall be prorated accordi g to the number of months remaining in the calendar year. Assessments shall 'e collected on a periodic basis as the Board of Directors may determine from time to time, but until the Board directs otherwise, Assessments snail be payable quarterly is advance on the first day of each calendar quarter. Collection of the Association's Asaemanents in this manner shall not prevent the creation of the Association's lien y •gainst any Lot or impair the Association's ability to enforce or collect its as provided under this Declaration if .k.isessinests are not remitted to the Association in a timely manner. Section 4.7. Deft its. All moi, fines assessed against an Owner pursuant to the Teller Springs Documents, or any expense of the Association which is the obligation of an Owner pursuant to the Teller Springs Documents, shall be a Default Assessment and ,droll become a lien against such Owner's Lot which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least 30 days prior to the due date. -4- MIA 815 etre ?62 Section 4.8. fiffelonnsvmei of Asses men • Lion and.a4 c-. Ane Aseeaament installment, whether pertaining to annual, special, or default Assessments, which is not paid within 30 days alter its due date shall be delinquent. In the event an Assessment installment becomes delinquent, the Association, in its sok discretion, may take any or all of the following actions: costs; (a) Assess a late charge of at least S25.O0 per delinquency to compensate the Association for administrative: (b) Assess an interest charge tion the due date at the rate of eighteen percent (18%) per annum; (c) Suspend the voting rights of the Owner during any period of delinquency; (d) Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once. (e) Brine an action at law against any Owner personally obligated to pay the delinquent installments; (f) File a statement of lien with respect of the Lot and foreclose as set forth in more detail below. The Association may file a statement of lien by recording with the Clerk and Recorder of Garfield County, Colorado, a written statement with respect to the Lot, setting forth the name of the Owner, the legal description of the Lot, the name of the Association, and the amount of delinquent Assessments then owing, which statement shall be duly signed and acknowledged by an officer of the Association and which shall be sent by certified mail to the Owner of the Lot at such address as the Association may have in its records for the Owner, Thirty (30) days following the date of mailing of such notice, the Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure of mortgages in the State of Colorado. Such lien shall be in favor of the Association and shall be for the benefit of all other. Owners. In either a personal or lien foreclosure action, the Association shall be entitled to recover late charges, interest, costs, and reasonable attorneys' fees incurred in respect to such delinquency. No Owner may waive or otherwise escape liability for the Assessments provided for in this Declaration by nonuse of the Common Areas or abandonment of his Lot. The remedies provided under this Declaration shall not be exclusio, and the Association may enforce any other remedies to collect delinquent Assessments as may be provided by law. Section 4.9. Successor's Liability for Assessment. In addition to the personal obligation of each Owner to pay all Assessments and the Association's perpetual lien for such Assessments, all successors to the fee simple title of a Lot, except as provided in Section 4.10 below, shall l e jointly and severally liable with the prior Owner or Owners thereof for any and all unpaid Assessments, interest, late charges, costs, and reasonable attorneys' fees against such Lot without prejudice to any such successor's right to recover from any prior Owner any amounts paid by such successor. This liability of a successor shall not be personal and shall terminate upon termination of such successor's fee simple interest in the Lot. In addition, such successor shall be entitled to rely on a statement of status of Assessments obtained from the Association under Section 4.13 below. Section 4.10, Subordination of the Lien. The lien of the Assessments provided for in this Section shall be subordinate to the lien of any First Mortgage. The lien of the Assessments shall be superior to and prior to any homestead exemption provided now or in the future by the laws of the State of Colorado. No sale or totrsfer shall relieve a Lot from liability for any Assessments or from the lien thereof. However, sale or transfer of any Lot pursuant to a decree of foreclosure or by pubiic trustee's foreclosure or by any other proceeding, or any other proceeding or deed in lieu of foreclosure for the purpose of enforcing a First Mortgage shall extinguish the lien of such Assessments as to installments which became due prior to each sale or transfer, and the amount of such extinguished lien may be reallocated and assessed to all Lots as a common expense at the direction of the Board t f Directors. No sale or transfer shall relieve the purchaser or transferee of a Lot from liability for, or the Lot from the lien of, any Assessments made after the sale or transfer. Section 4.11. Notice of Action. Any First Mortgagee who makes a prior written request to the SecreSeri of the Association and furnishes its name and address and the legal description of the Lot in which it has an interest to the Secretary shall be entitled to timely written notice of any delinquency m payment of an Annual, Special, or Default Assessment levied against the Lot encumbered by its First Mortgage, or of any other default by the Owner under the Teller Springs Documents, -5- i Bofx 815 PtfiE363 which has continued for a period of 60 days or more. In addition, any such First Mortgagee sk*ll be entitled to cure such delinquency and obtain a release from the lien imposed or perfected by reason of such delinomancy. Section 4.12. Exempt Propene. The following portions of the Property shall he exempt from the Assessments, charges, and liens created under this Declaration: All properties to the extent of any easement GT other interest therein dedicated and accepted by Garfield County, Colorado, and devoted to public use; all utility lines and ear -marts; Common Areas. and Section 4.i3.Snstement of Status of A sm ntig. Upon ten (10) days' written notice to the Tresue er of the Association and payment of the reasonable fee set by the Association from time to time, any Owner, prospective purchaaer or Mortgagee of a Lot shall be furnished a statement of the accoent for such Lot setting forth: , (a) The amount of any unpaid Assessments (whether Annual, Special, or Default Asssments), interest, late charges, costs and attorneys' fevi then chargeable against aye. eecular Lot; (b) The amount of the current periodic installment of the Annual Assessment and the date through which the same is paid; and (c) Any other information deemed proper by the Association. The information contained in such statement, when signed by the Treasurer, shall be conclusive upon the Association is to the person or persons to whom such statement as issued and relied on in good faith. Section 4.14. Failure to Assess. The omission of failure of the Board t.© fix the Assessment amounts or rates or to mail to each Owner an Assessment notice shall not be deemed a waiver, modification, A a release of any Owner from the obligation to pay Assessments. In such event, each Owner shall continue to pay Annual Assessments on the sane beads as for the last year for which an Assessment was matte until a new Assessment is made, at which time any shortfalls in collections nay be assessed retroactively by the Association. ARTICLE V PROPERTY RIGHTS Section 5.1. Common Areas. Declarant shall convey to the Association that portion of the Property nated as Common Areas on the Plat and intended for common use by Owners in Teller Springs, along with alleasements depicted on said plat for common use. The Common Areas are designated by this Declaration for the cottunon use and enjoyment of Owners and their families, tenants, guests and invitees, and not for the use of the general public. Section 5.2. Association's Responsibility for Common Areas The Association, subject to the nights and obligations of the Owners set forth in this Declaration, shall be responsible for the management and control of the f' .roman Areas conveyed pursuant to Section 5.1 above and all Improvements on the Common Areas (including furnishings and equipmeet related thereto), and shall keep the Common Areas in good, clean and attractive condition and requirements of a first class residential development consistent wig the P pursuant to the terms and conditions of this Declar,.: an. This maintenance shall include, but not be limited to, maintenance, repair, and replacement, subject to effect, of all landscaping and other flora, structures, and iruprovemeats situated within the Common Areas rcissarinsurance thee in s. Section 5.3. Water Riehta. 13y separate instrument, Declarant shall convey to the Association all water and water rights appurtenant to tl a Property. Such water and water rights shall be held by the As ociatioa in trust for the use and benefit of the Owners of Lots and shall not be sold, leased, conveyed or encumbered by the Association. Section 5.4. Water System Operatioe. The domeatic potable water system and the irrigation system, including all pumps, min distribution lines and facilities, will be owned, operated and maintained by th. Association. Eac Owsaes will own and be responsible for all costs, expenses and liabilities from the pointe of connoctiao to the A'asociatiora's diaribr♦t>on lines. Each Owner shall be responsible for the operation and maintenance of a curb stop valve and a totalizing flow moni- tor the water lines servicing such Owner's Lot. Each Owner shall adhere to the terms of saw water rights decrees rind permits affecting water service on the Property and other water righty arising on or catri_a throttet toe Property. The 4- f3fl X X31 7 N!i;f.364 Association shall have the right upon reasonable notice es shut off or curtail di% ersions for the purpose of administration said operation of any decreed plan of augmentation. The Association throu;F in agents, shall have full and free access at all reasonable hours to read meters, ermine water pipes and fixtures, det.rini a water usage and take other necessary actions to assure compliance with any decreed pian of augmentation and the rules or the Association. In the event ,f emergency, used on good faith determination by the Association, reasonable notice shall not be required, if imprrectical. The A,,aoc:eion shall estaniish charges for water usage based on metered consumption such that the water system will be indeper ettly supported with adequate reserves for capital replacement. Section 55,BeimaRig ' Water S to . Subject to 'he prior approval by governmental authorities having jurisdiction, Declarant reserves to Declarant the right to connect not more than six (6) single family dwellings located outside of the Property to the domestic potable water system to be constructed by Declarant and conveyed to the Association. Such connections shall be without cost to Declarant for the privilege of connecting to such water system, the use of easements for such connections and any capital costs incurred prior to such connection. Declarant shall pay for the physical expenses of such connections and a prorate share of all future operating expenses and capital costs of such water system. It is specifically acknowledged that the owner of the Sievers Spring and Pipeline #2 shall have a right to connect a single family dwelling to the domestic water system to be constructed by Declarant ani conveyed to the Association. Such right of connection shall arise only in the event the water level at the point of diversion of the Sievers Spring and Pipeline #2 falls below the level of the currently installed collection device for a period of thirty (30) days and further provided that the owner of the Sievers Spring and Pipeline #2 has not undertaken any substantial action to cause such reduction, In such event, the Association shall promptly pay for the expense of physical connection from the point of diversion to the domestic water system owned by the Association without any charge for such connection. Following such condition, the Association -hall be responsible for costs of water service to the point of diversion. After such connection, the owner of the Sievers Spring end Pipeline #2 shall be bound by the rules and regulations pertaining to such system. If not previously exercised, thi, right of connection will expire on December 31. 2010. Prior to such time, this provision may only be amended or deleted with the written consent of the owner of the Sievers Spring and Pipeline #2. Section 5.6. Roads. All roads and lie idges of Teller Springs shall be conveyed to the Association. The Association shall be responsible for the maintenance of all roads and bridges within Teller Springs and conveyed by Declarant to the Association. Such maintenance will include periodic maintenance of the surface and regular snow, ice, and trash removal. The Association will not be responsible for maintenance of private drives located on the Property. The Board shall cooperate w% the applic.ble traffic and fire control officials, to post roads and streets with traffic control, fire lane, and parking regulation signs. Section 5.7. Owners: Easeaents of Enjoyment. Every Owner has a nonexclusive easement for the use and enjoyment of the Common Areas and the perimeter pedestrian/equestr an path, which easements are appurtenant to and shall pass with the title to every Lot, subject to the provisions set forth in this Article. Any Owner may delegate, in accordance with the Teller Springs Documents, his right of enjoyment in the Common Areas and easements to members of his family, tenants, lessees, guests and invitees, provided such delegation is fr- a reasonable number of persons and at reasonable times_ Section 5.8. Recorded Easements. The Property, and .1 portions thereof, shall be subject to all easements shown on the recorded Plat affecting the Property, or any portion thereof, and to any other easements of record or of use as of the date of recordation of the Declaration. Section 5.9. Utility Easements. Declarant reserves to Declarant and hereby grants to the Association a mal non-exclusive casement upon, across, over, in, and under the fifteen (15) feet immediately adjacent to each Lot line for ingress and egress and for installation, replacement, repair, and maintenance of all utilities, including but not limited to domestic and irrigation water, sewer, gas, telephone and electrical systems. By virtue , f this Easement, it shall be e-,preas1v permissible and proper for the companies providing electrical, telephone and other communication services to install and maintain necessary electrical, communications, and telephone wires, circuits, and conduits in the ease•.emu. No wase►•, seeder. gas, telephone, electrical, or communications lines, systems, or facilities may be installed or reknete: ret the surface of the Property, except ft" necessary surface facilities. Such utilities temporarily may be installed Above grossed timing construction, if approved by the Declarant or the Design Review Committee. Any utility company using this general easement shall use its best efforts to install sad maintain the utilities provided for without disturbing the uses of the Ownet , Ilse Association, and Declarant; shall prosecute its installation and maintenance activities as promptly and expedititxisty is reasonably possible; and shall restore the surface to its original condition as soon as possible after couplet?„n of its wait. -7- wx 8155ptre3fh-5 Should any utility company furnishing a service covered by this gyral easement request a specific e4pement by separate recordable document, either Declarant or the Association shall have, and are hereby given, the right and authority to gra such easement upon, across, over, or under any part of all of the Property evithout coaflieting with the terms of this Declaration. This general easement shall in no wary affect, avoid, extinguish, or modify any other recorded Easement on the Property. All service connections to (including transformers) primary utility lines serving each lot shall be the responsibility of the Owner. • Section 5.10. Reservation of Easements Exceptions and Exclusions Declarant reserver to Declarant and hereby grants to the Association the concurrent right to establish from time to time, by declaration or otherwise, utility nand other easements, permits, or licenses over the Common Areas, for purposes including but not limited to utility services to Lots. paths, walkways, drainage structures, recreation areas, parking areas, and to create other reservations, exceptions, and exclusions for the best interest of all Owners and the Association, in order to serve all the Owners within Teller Springs. Section 5.1 L Emery>ency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and all other similar emergency agencies or persons to enter upon all roads and upon the Property in the proper performance of their duties. Section 5.12. Maintetta►uce Easement. An easement is hereby reserved to Declarant, and created to the Association, its officers, agents and employes, successors and assigns, upon, across, over, in and under ;mer .Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to the Te?!er Springs Documents, 10 -hiding the right to eater upon any Lot for the purpose of irrigating such Lot as tealui.-ed by the Teller Springs Documents. Section 5.13. Drainage Easement, An eases=:. is hereby reserved to Declarant and grented to the Association its offi. ars, agents, employees, successors and assigns to enter upon, across, over, in and under any portion of the Property for the purpose of changing, correcting, or oe'ierwise modifying any existing drainage cels on the Property so as to protect the rnstoric drainage pattern of water. Reasonable efforts shall be made to use this easement so as not to disturb the uses of the Owners, the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work prosy and expeditiously; to avoid interference with existing structures; and to restore any areas affected by Such work to the condition existing prior to the work as soon as reasonably possible following such work. Decta n nt and Declarant's agents, employees, successors and assigns must inform and obtain the approval of the Board of Directors prior to undertaking such drainage work, which approval shall not be unreasonably withheld. Section 5.14. Pixle::lr.nn uestrian and Eishin2 Ea, ements The pedestrian, eouestrian and `:shing easements depicted on the plat along the outer perimeters of Lots 4 through 21 shall not be used by any motorized vehicle. The Association shall mai^rain the outer perimeter equestrian/pedestrian easement as shown on the plat in a manner equivalent to the condition of a primitive trail, provided that all noxious weeds shall be controlled. Section 5.15. Easernents Deemed Created. All conveyances of any part of the Property made after the date of this Declaration, whether by Declarant or otherwise, shall be construed to grant and reserve the easements contained in this Article V Even though no specific reference to such easernents or to this Declaration appears in the instrument for such conveyance. Section 5.16. Ownership of Personal Property and Real Property for Common Use. The Association, through action of its Board of Directors, may acquire, hold, and dispose of tangible and intangible personal property and real property. The Board, acting on behalf of the Association, shall accept any real or personal property, leasehold, or other property interests within Teller Springs and conveyed to the Association by Declarant. ARTICLE VI DESIGN REVIEW CQMMIITEE Section 6.1. Cotutrattee Membership. A Design Review Committee is hereby established, which shall be responsible fc r the adoption and administration of Design Guidelines to carry out the purposes and intent of the Declaration. The Corunitt,,; shall] be composed of up to three (3) persons, who neednot be Members of the Association, All of the members of the Committee shall be appointed, removed and replaced by Declarant in Declarant's sole discretion, until such -8- finr11( SI 7 P+rz`?I d time as the Class B membership is gated, aid at that time the Board of Directors shall sticceed to Declarattt's right to appoint, remove, and replace the members of the Committee. Section 6.2. Purpose. The Committee shall review, study and either approve or reject propoaed Improvements on the Property within thirty (30) days after a request is submitted, all in compliance wi' h this Declaration and as further set forth in the rules mad regulations of the Committee and the Design Guidelines adopted and establlehaed from time to time by the Committee. if the Committee does not act within thirty (30) days after submission, approval will be deemed to have been given. The Committee she I exercise its beet judgment to see that all Improvements conform form and harmonize with ally existing structures as to external design, scale, quality and type of construction, materials, color, location on the Lot, temple, grate' and finished ground elevation, and r_' i aesthetic considerations sot forth in this Declaration and in the Design Guidelines_ The actions of the Committee in the exercise of its discretion by approval or disapproval of plans and other infonnation submitted to it, or with refect to any other matter before it, shall be conclusive and binding on all interested parties, provided that in the event of disapprove", the 0 .ner proposing such Improvement may appeal the matter to the next annual or special meeting of the Members of the Association where a vote of not less than two-thirds (2/3) of the vote; entitled to be cast at such meeting shall be required to change the decision of the Committee. Section 6.3. Oreaztization and Onerktion of Committee. (a) Tem. The term of office of each nmember of the Committee shall be one year, commencing January 1 of each year, and continuing until his or her successor shall have been appointed. Should a Committee member die, retire, become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed as provided in Section 6.1. (b) .Chair:. So long as Declarant appoints the Conunittee, Declarant shall appoint the chairman. At such time as the Committee is appointed by the Board of Directors, the chairman shall be elected annually from among the members of the Committee by a majority vote of said members. (c) Proceeding. The chairman shall take charge of and conduct all meetings and shall provide for reasonable notice to each member of the Committee prior to nay meeting. The notice shall set. forth the time and place of the meeting, and notice may be waived by any member. In the absence of a chairman, the party responsible for appointing or electing the chairman may appoint or elect a successor, or if the absence is temporary, a temporary successor. The Committee shall male such rules end regulations as it may deem appropriate to govern its proceedings. (d) Yoting. The affirmative vote of the majority of the members of the Committee shall govern its action and be the act of the Committee. A quorum shall consist of a majority of the members. (el Expert Consultation. The Committee may avail itself of technical and prr ,,ssional advice and consultants as it deems appropriate. Section 6.4. Expenses. Except as provided below, all expenses of the Committee shall be paid by the Association. All expenses incurred in review of an application shall be paid by the applicant. Section 6.5. Desien Guidelines and Rules. The Committee shall adopt, establish, and publish from time to time Design Guidelines for Teller Springs, and the Design Guidelines shall be a Teller Springs Document. The Design Guidelines shall not be inconsistent with this Declaration, but shall more specifically define and describe the design standards for Teller Springs, The Design Guidelines may be modified or amended from time to time by the Committee. Further, the Committee, in its sok discretion, may excuse compliance with suchrequirements as are not necessary appropriate or ro rivatc in specific situations and may permit corrapliance with different or alternative requirements. Compliance with the design review process is not a substitute for compliance with county building, zoning, and subdivision regulations, and each Owner is responsible for obtaining all approvals, licenies, and permits as may be required prior to commencing construction. Section 6.6. Limitation of Liability. The Committee shall use reasonable judgment in accepting or disapproving all plans and specifications submitted. Neither the Committee nor any individual Committee member, shall be liable to any person for any official act of the Committee in connection with submitted plans and specifications, except to the extent the -9- . 6 7 Committee or any individual Committee warner acted with malice or misconduct. Approval by the Committee does not necesearily assure approver+ by the appropriate governmental board or mission for Ge; aid County, Colorado. Notwithstanding that the Committee: has approved plans and specifications, neither the Committee ser any of its members .'hili be responsible or liable to any Owner, developer,or Y contnrctcar with r�eaptax to any lase, liability, claim, or expesee which rnr y arise by reason of approval of the coastnactic the Improvements. Neither the Board, the Design Review Committee, nor any agent thereof. nor Declarant, nor any of %air employees, agents or ooneulta shall be responsible in any way for any defects in any plans or specifications submitted., :,- deed or approved in accordance with tho provisions of the Documents, nor for any structural or other defects in any wr: done accxirding to such pians and specifications, In all events the Committee shall be defended and indemnified by the Amociatioe in any such suit or proceeding which may mea by reason of the Committee's decision. The Association, however, shall trot he obligated. to indertaaaify each membee of the Committee to the extent any such member of the Committee still be adjudge; -� no liable for misconduct in the performance of his duty as a member of the Committee, unless and then only to the inert tha4t the Court in which sada action or suit may be brought shall dett re a upon application that, despite the acl u.. ,r_„t,ion of liability but in view of all circa of the case, such person is fairly and reasonably entitled to i %d t nificatiae for such expeeseas as such court shall deem proper. Section 6.7. Reetuired Aporovsd. The Design Guidelines and theme Coverts shall govern the right of an Owner. developer or contractor to construct, reconstruct, refinish, alter or utaintain any Improvement upon, tinder, or above any of the Property (except for interior improvements), and to mike or creme re? excavation or fill oil tine Property, or make any change in the natural or existing surface contour or drainage, or install any utility line or conduit on or over the Property. Any construction or reconstruction, or the refinishing or alteration of any pan of the exterior of any building or other Improvement on the Property is absolutely prohibited until and unless this Owner first obtains approval from the Design Review Committee and otherwise complies with the provisions of these Covenants. All Improvements shall be constructed only in accordance with approved plans and specifications. U.S Forestry and Colorado State Forester recommendations and guidelines on wildfire prevention shall be considered m the construction of improvements. Sec:uon 6.8. Removal of Nonconforming Inuaroxial. The Association, upon request of the Committee and after reasonable notice to the offendine Owner. may remove any Improvement oanstructed, reconstructed, refinished, altered, or rrurintainexi in violation of these Covenants- and Owner of the Improvement shall immediately reimburse the Association for all expense,, incurred in connection with such removal. lois provision shall notaPP iy to any Improvement which has been constructedconformance with Design Guidelines and Rules then in force, ARTICLE VII PROPERTY USE ]RESTRICTIONS Section 7.1. General Restriction. The Property shall be used only for the purposes set forth in these Covenants, as permitted by the applicable ordinances of Garfield County and the taws of the State of Colorado and the United States, and as set torn: in the Teller Springs Docunaerats. arneradments, or other specific recorded covenants affecting all or any part of the Property. Section 7.2. Subdivision of Lots. No Lot may be subdivided. Section 7.3. No Partition of Common Areas. The Common Areas shall be owned by the Association, and no Owner shall hrit.g any action for partition or division of the Coni„-- _',,ea;. By acceptance of a deed or other instrument of conveyance or assignment. each Owner shall be deemed to have specifically waived such Owner's rights to institute or maintain a panition action or any other action designed to cause a division of the Common Areas, and this Section may be pleaded as a bar to any such action_ Any Owner who shall institute or maintain any such action shall be liable to the Association. and hereby agrees to reimbur.e the Association for its costs, and reasonable attorneys' fees in defending any such action. Section 7.4. Vehicles. No trucks, tr ril bikes, recreational vehicles, motor homes, motor coaches, snowmobiles, camper=, trailers, boats or boat trailers, or similar vehicles (other than passenger automobiles or pickup or utility trucks with a capacity of one ton or less) or any other vehicles shall be parked, stored, cr in any manner kept or placed on any portion of the Property except in an enclosed garage, barn or screened enclosure, This restriction, however, shall not be deemed to prohibit commercial and construction vehicles, in the ordinary course of business, from making deliveries or otherwise providing service to the Property or for approved construction by Declarant or Owners, Bnnx 815 pr,,E3 `8 Section 7.5. Excavation.or Fill. No exavtrtioe or fill shall be tirade except in eoenection with lnipmveme■sa approved as provided in .bene L ..wenants. For purposes of this Section, 'excavation' sal MOM any diaturbaatce of the surface of the land (cream to the extent reasonably of earth, neck, or miser substance a necessary for approved � which a in a nat�ogaaj depth of roomthan 18 inches below the natural surface of the land. For the purposes of this Section. '6l1' shall mean troy importation and placement of earth, rode or other substance a height of mace than eighteen inches (18'} above the natural surface of the land. Section 7.6. We. No well from which water, oil, or gas is produced shall be dug, nor shall storage tables, reiervoirs, or any installation of power, telephone, or other utilitylines wires anywhere on the except ( pipe. or condtait} be nestle or opettaMed Y � in connection with water 'nulls amd wr rks installed by Declarant; provided, however, that the foregoing shall not prevent the drilling of or installation of additional water wells by Declarant. Section 7.7. , No signs of any kind shall bea except 3'°a GD the public view on or from any portion of the e'r°l�y those signs approved by the Committee, ordinary reel estate sale signs or signs required by law. Section 7.8. Anima aDd per. No anienel, livestock, or poultry of any kind shall be kept, raised, or bred on any portion of the Property, except dogs, canis, or other typical household in,,lwdaa arty horses kept in the Coronion Arora � and not more than six (6) horsee per Lot (whizh Household pets, such as dogs and cats, must be contained to the Reties} yeti d -H protect sairnrls, not including horses. . large u any time. A roved humane upon the Owner's Lot and such pets may not be permitted to run 1 kennels, tams or other control tnaa ores shall be maintained to assure that domestic pets do not stray from the Owner's property. Pedestrians •-•-. ithin the who are a i eo dogs under the Peeper by dogs moat have the auaaaa' direct sett' -n! 'ry use s�.' _ ::ash no to exceed 10 feet in length. Section 7.9. Degauss. No Owner shall do :.r permit any work, cc- struct any Improvements landscaping. or suffer the existence of arty cx enditiou wha" e• ea- which shall alter of interfere with the drain,. • pattern for the Property, except to the extent such alteration and drainnie path is approved in writing by the Comc....dee. Section 7.10. lenktusen, No trash. ashes, ga, . tt,e, rubbish, debris or other refuse shall be thrown, dumped or allowed eto accumulate an the Property. There shall.be no terming of refuse. Each Owner shall provide suitable receptacles for the temporary storage and collection of refuse. All such rocapucloe shall be screened from the public view and protected from the wind. from animals and other dim. Each Lot shall be kept in a reasonably sanitary condition, free of offensive. odors and rodent and insect infestations. Section 7.11. Tewporare Structures. No temporary structures shall be permitted except as may be determined to be nece near• during construction and as peciiica1ly at'thonzed by the Committee. Section 7.12. Towers and Antennae. No towers or exterior radio, television and communications anteimae shall be permitted without the prior written consent of the Committee. Dish receivers shall be screened from view. Section 7.13. Outside Burning. There shall be no exterior fires, except barbecues, outside fireplaces and braziers. No Owner shall permit any condition upon such Owner's Lot which creates a fire hazard or is in violation of fire prevention regulations. Section 7.14. Noise. No exterior howls, whistles, bells or other sound devices, except security devices shall be placed or used on any portion of the Property. Owners shall not permit any noise or disturbance on their respective Lots which is offensive, disturbing or otherwise detrimental to any other person. Section ".l5.i titin . No flood lighting, security lighting or other kind of high intensity lighting shall be permitted without the approval of the Design Review Committee,. Section 7.16. Obstruct:ins. There shall be no obstruction of any pedestrian, equestrian and fishing pathways and easements or interference with the free use of those pathways and easements, except as may be reasonably required in connection with repairs, The Association shall promptly take such action as may be necessary to abate or enjoin any interference with or abstraction of pathways and easements, and the Association shall have a right of entry on any part of -11- BOOK 815 e the Property for the purposes of enforcing this Section, and any costs incurred by the Aaaociation in connection with such enforcement shall be .specially assessed to the Owbera or other paw responsible for the interference. Section 7.17. Number and Location of Builtan- Subject to governmental regulations, no buildings then be placed erected, altered or permitted to remain on any residential tract other than one (1) single family dwelling, one (1) luau or caretaker dwelling unit, one (1) attached or detached garage and one (1) barn, stable or other non-residential oud . uiiding other than a garage and exceeding fifty (50) square feet. Section 7.18. Building Character and Construction. All buildings erected on the Property shall be designed and constructed within the following standards: (a) : A general style in harmony with traditional western or ranch architecture using low profile human scale designs will be followed. (b) Exterior Siding Materials: Traditional materials such as stone, brick, logs, stucco, adobe or wood (but not including plywood or sheet siding) shall be used. (c)Raofing: Non -reflective materia:s shall be used. (d) color: Colors should be muted and predominately earthtones. tt; Prohibited Construction: The following building types and standards are prohibited: mansard roofs, "Southern Mansioes". manufactured homes, geodesic domes, A -frames, mobile homes, used or previously erected structures. (0 Minimum Size: The main dwelling hommesitr shall contain not less than I,400 square feet of enclosed habitable area on. Lots 1 through 4 and 2,000 square feet on the remaining lots and any guest house shall contain no less than 400 square feet of enclosed habitable area. Section 7.19. Fences: All fences shall be constructed of treated wood or cedar posts with four (4) strands of smooth wire not ex..eeding 42" in height. No steel posts shall be used. Other types of fences may be permitted adjacent to buildings. An electric wire above such fence to control horses may be used. Section 7.20. Service Facilities. All clothes lines, storage tanks, equipment, service yards, wood piles and similar service facilities shall be screened by adequate plantings or fencing so as to conceal same from other lots and streets and roads. Section 7.21. Spring Access and Fencelines on the Eastern Lines of Lots 5 through 15. It is agreed and acknowledged that the fencelines installed along the eastern boundaries of Lots 5 through I5 are on lines of convenience to protect the springs arising easterly of such lots along with adjacent vegetation. The placement of said fences shall not be taken as evidence of the true boundary line of each such lot and no claim of adverse possession or prescription shall arise because of such placement. No owner or other persons shall install or relocate any fence further east than the current fenceline. Spring access shall only be obtained from the Common Areas and due care shall be taken to protect the quality of water produced by each such spring and natural beneficial vegetation adjacent to each spring. No animals shall be kept in any manner in the vicinity of such spring on any such lot and no spring shall be used by any Owner for stock watering purposes on such Owner's Lot. Section 7.22. Maintenance of Landscaping. and well maintained fashion, shall properly irrigate the the appearance of such Lot in a first class condition. undertake such actions as are necessary to restore such Each Owner shall keep the landscaping situate on his Lot in a neat lawns, pastures and other planting on such Lot and otherwise maintain In default of such maintenance, the Association shall be entitled to landscaping and charge the Owner for name u a Default Assessment. Section 7.23. Continuity of Construrtiog. All Improvements commenced on the Property shall be prosecuted diligently to completion and shall be complete within 12 months of commence:.hent, unless an exception is granted in writing by the Committee. If any Improvement is commenced and construction is than abandoned fur more than 90 days, or if -12- )"K 815 ppiE370 construction is ne. completed within the required 12 -month period, then after notice and hearing u provided in the Bylaws, the Association may impose a fine of not less the $50 per day on the Chvner of the Lot until construction is resumed, or the Improvement is completed, as appiicable, unless the Owner can prove to the satisfaction of the Board of Directors that such, abandonment is for circumstances beyond the Owner's control. Such charges shall be a Default Assessment and Het as provided in A eicie IV above. Secte 7.24. Minerals. No portion of the surface of the Property shall be used for the exploration, extraction or storage of oil, gas, minerals, sand, gravel, rock or earth. Section 7.25. Nuisances. No obnoxious or offensive activity shall be carried on within the Property so as to unreasonably interfere with or disturb the use, enjoyment and access of a y other occupant of the Property, nor shall anything be done or permitted which constitutes a public nuisance. No nuisance shall be permitted to exist or operate upon the Property so as to be offensive or detrimental to any other part of the Property or its occupants. ARTICLE VIII INSURANCE AND FIDEteITY BONDS Section 8.1. Hazards Insurance. The Association shall obtain insurance for all insurable Improvements, if any, on the Common Areas in an amount equal to the full replacement value (i.e., 100 percent of the current "replacement cost" exclusive of land, foundation, excavation, depreciation on personal property, and other items normally excluded from coverage), which shall include all supplies, and any fixtures or equipment within the Common Areas. Section 8.2. Liability Insurance. The Association shalt obtain a comprehensive policy ofpuolic liability insurance insuring the Association and its members for all liability for property damage, bodily injury, or death in connection with the operation, maintenance, or use of the Common Areas and roads within Teller Springs, and legal liability arising out of lawsuits related to employment contracts of the Association. Such comprehensive policy of public liability insurance shall include a "Severability of interest Endorsement" or equivalent coverage which would preclude the insurance company from denying the claim of any Owner because of the negligent acts of the Association or any other Owner, with a limit of not less the. $1,000,000 covering all claims for personal injury, including death, or property damage arising out of a single occurrence. Such comprehensive policy of public liability insurance shall also include protection against water damage liability, liability for non -owned and hired automobiles, liability for property of others and such other risks as shall customarily be covered. Section 8.3. Fidelity Insurance. The Association shall obtain fidelity bonds to protect against dishonest acts on the part of its officers, directors, trustees, and employees, and on the part of all others who handle or are responsible for handling the funds of or administered by the Association. Such fidelity coverage shall name the Association as an obligee and shall be written in an amount equal to at least one hundred percent (100%) of the estimated annual operating expenses of Teller Springs, including reserves. Such bonds shell contain waivers by the issuers of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees," or similar terms or expressions. Section 8.4. Provisions Common to Hazard Insurance Liability Insurance, and Fidelitq Insurance. Any insurance coverage obtained by the Association under the provisions of the preceding Sections shall be subject to the following provisions and limitations: (a) The named insured under any reien policies shall be the Association, as attorney-in-fact for the Owners, or its authorized representative who shall have exclusive authority to negotiate fosses under such policies, (b) In no event shall the insurance coverage obtained and maintained pursuant to such Sections he brought into contribution with insurance purchased by the Owners, occupants, or their mortgagees. (c) The policies shall provide that coverage shall not be prejudiced by (a) any act or neglect of the Owners when such act or neglect is not within the control of the Association or (b) by failure of the Association to comply with any warranty or condition with regard to any portion of the Property over which the Association has no control, _l3_ ;Y K Si.) atef3', j (d) The policies shall provide that c oveeage may not be canceled or s tiall modified including cancellation for moupayment or premium) without at least 30 days' Y y prior written notice to any and alI First Mortgagees and insureds named in the policies. (e) The policies shall contain a waiver of subrogation by the insurer as to any and all claims against the Association and any Owner and their respective agents, employees, or tenants, and of any defenses based upon co- insurance or upon invalidity arising from the acts of the insured. (f) All policies of property insurance shall provide that, notwithstanding which give the carrier the right to elect to realness in any provisions of the policies damagelieu of making a cash settlement, such option shall not be exercisable without the prior written approval of the Association or when in conflict with the provisions of any insurance trust agreement to which the Associanort may be a party or any requirement of law. (g) No policy may be canceled, invalidated, or suspended on account of the conduct of any member of the Board of Directors, officer, or employee of the Association without prior demand in writing delivered to the Association to cure the defect and the allowance of a reasonable time thereafter within Which the defect may be cured by the Association, any Owner, or Mortgagee. Section 8.5. Officers' and Directors' Personal l.iatiWy gene To the extent obtainable at reasonable coat, appropriate officers' and directors' personal liability insurance shall be obtained by the Association to protect the officers and directors from personal liability in relation to their duties and responsibilities in acting u such officers and directors on behalf of the Association. Section 8.6. Worker's Componsetion Insurance. The Association shall obtain worker's compensatiee or similar insurance with respect to its employees, if any, in the amounts and forms as may now or hereafter by required by law. Section 8.7. ggarjuzuano. The Association may obtain insurance dissimilar nature, as it shall deemappropriate with t to the Associations againstasuch other risks, of a similar or responsibilities and duties. Section 8.8. Insurance Obtained by here. It shall bo the responsibility. of the individual Owners, and at thear expense, to make arrangements in regard to title insurance on their Lot Improvements. personal upon any resale, for hazard insurance on the property and furnishings located on their Lots and for public liability insurance covering their Lots. In midi! ion, each Owner may obtain such other and additional insurance coverage on and in relation to such Owner's Lot as such Owner concludes to be desirable; provided, however, that none of such insurance shall aft:ct any insurance coverages obtained bythe coverages obtained by an Owner Association or cause the diminution or termination of the coverages obtained by the Association. Any such insurance obtained by an Owner shall include a waiver of the particular iasurn_,nre company's right of subrogation against the Association and other Owners. ARTICLE IX DAMAGE OR DE I'RUCTION Section 9.1. Association as Attorney in Fact. Each and every Owner hereby irrevocably constitutes and appoints the Association as .such Owner's tree and lawful attorney-in-fact in such Owner's name, place, and stead for the purpose of dealing with the Improvements on the Common Areas upon damage or destruction as provided in this Article or a complete or partial taking as provided in Article X blow. Acceptance by any grantee of a deed or other instrument of conveya&ce from Declarant or from any Owner shell constitute appointment of the Association as attorney-in-fact as herein provided. As attorney-in-fact, the Association shall have full and complete authorization, right, and power to make, execute, and be deliver any contract, assignment, deed, waiver, or other instrument with respect to the interest of any Owner which may necessary or appropriate to exercise the powers granted to the Association as attorney-in-fact. Section 9.2. Estimate of Dates of Destructiog. As soon as practical atter an event causing cu,sto or iruction of any part of the Common Areas, the Association shall, unless such damage or destruction shall be minordamag, obtain an estimate that it deems reliable and complete of the costs of repair and reconstruction of that part of the Common Areas so damaged car destroyed. "Repair and Reconstruction" as used in the Article IX shall mean restoring the damaged or destroyed. Improvements to substantially the same condition in which they existed prior to the damage or destruction. 1.1 WY 815 pH3€3Z2 Section 9.3.Emir . As ...nom as prate atter obtaining estimates,the Assectistion shall diligently pursue to compietics the repair and rec ve of the damaged n: destroyed iirprvvemesas. As attontay-istAct for the Owners, the Association may take easy sad all necessary or Appropriate action to effect reps/ and reconstructions mid no coereesit or other a: tions by any Owner shall be necessary. Assessment& of the Assoc&tias Ala trot be abated during the period of insurance adiustments and repair and reconstruction. Section 9.4. aggifilgitaggiLiadirsagmagism.The proceeds received by the Aarociatiaa from any hazard insurance shall be used for the purpose of repair, replacement, and. If dm ineufficient to pay the estimated or actual cost of such PR's of Eine insurancetor are repair atrri reaoniGrnraroa, the Association may, pursuantntrt Arm 111 above, levy, assess, and collect in advance (oars all Owners, a Special Assessment sufficient to prow /hada to pay a uch estimated or actual costs of repair and ,ecom,]tuctyoe. .Section 9.5. Disbursement of Funds its gagiugillasmgazia. The roar rine a proceetla held by the Association sod the amounts received from the Special Aasrr4rnts eoeatibnle a feed for tier payttreat of the costa of that the first mosey and reconstruction after casualty. It shell be deemed hall be mode from issuanceissuancem0a°y duburred las prhyrteeast for the sores or repair and teconatructiae s Peoceeds, sed the balance payramt of all costs of such repair sed reconstruction, such balance shall be diatribetred to the Owners is proportion to the contributions each Censer made as a Special Aseeaaeeamt to the Association, thin in proportioaare shams, forst to the Mortgagees and then to the Owners, as their interests appear. Section 9.6. aggigiguAstua Agazgiki, If Owners representing at learn sixty-nevem percent (67%) of the total allocated votes in the Association (other due Declarant) and s xty-ervea percent (67%) of the First Mo rtgagees ased won one vote for each mortgage owned) of the Lots epee m to repair reconstruct sadswriting not(Trove are authonzj, thee and in thr't event Commas l the Comon Ares . shall be restored to its natural stalts native improvements and mined m m undeveloped poi on of the Common Areas by the Association in a nest and attractive coodition, and say restraining insurance proceeds shall be distributed its proportioasue sharae. first to the Mortgagees end then to the Owners, as theirinterests appear. Section 9.7. Damage or Destruction Affecting Lou. In the event of damage or destruction to the Improvements located on any of the Lots, the Owner thereof shall promptly repair sad remote thedama8ed Improvements to their condition prior to such damage or dxtructioa. If such repair or restoration is not commenced within 180 days from the date of such damage or ckistruc:tion, or if repair and recoestroction is commenced but then abandoned for a period of more than 90 days, then the Association may impose # fine of not less than S50 per day on the Owner of the Lot until repair and reconstruction is commenced, unless the Owner can prove to the satisfaction of the Association that such failure is due to circumstances beyond the Owner's control. Such fine shall be a Default Amt aced licit against the Lot as provided in Article IV above, ARTICLE ,X CONDEMNATION Section 10.1. Rights of Owners. Whenever• all or tiny pan of the Common Areas shall be then of conveyed in Lieu of and under threat of condemnation by the Board of Directors acting as attorney-in-fact for all Owners under instructions from any authority having the power of condermstioo or eminent domain, each Owner shall be entitled to notice of the taking, but the Association shall act as attorney-in-fact for all Owners in the proceedings incident to the condemnation proceeding, unless otherwise prohibited by law. Section 10.2. Partial Condemnation: Distribution of Award; Reconstruction. The award mads for such taking shall be payable to the Association as trustee of all Owners to be disbursed as follows: If the taking involves a portion of the Common Areas on which Improvements have been constructed, them, uaiess within sixty days after such taking Declarant and Owners represeiting at least sixty-seven pe. --cent (67 %) of the Class A votes in the Association shall otherwise agree, the Association .shall restore or replace such Improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor, in accordance with plans approved by the Board of Directors and the Design Review Committee. If such Improvements are to be repaired or restored, the provisions in Article IX above regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. If the taking does not involve any Improvements on the Common Areas, or if there is a decision made not to repair or restore, or if there are net funds remaining after such restoration or replacement is completed, then such award or net funds shall be distributed in proportionate shares, first to the Mortgagees and then to the Owners, as their interests appear. -15- Knox 815 pr,E373 Seeman 10.3.QgaBigkg_cgmkuldaka.If all of Tater Springs is takes, cosdeaaoced, sold, or otherwise disposed of in lieu of or is aveidsars of condemegiee, ties the regime coma by Ma Declsratdos then tsrtamene, sed the portiost of the ccudematine award attributable to the Common Alm rill be distribitewl es provided in Section 10.2. above. ABUCLILNI EXPANSION AND W1iRAWAy Section 11.1. gasujimsokisaLtaxama. Subject to govermaital regulations, Deft reeervea the right, bet shall not be o lig eed, to mimed tie effect of this Dereemitieb Maeda all or rioters property. Declarant shall have the neihteral right so burger to a other 1 osrtsta y ��. this right to impend by any isstamst duly recorded. Theadjoinisig prepperty which may be *chided is described is Exhibit 'E" pared hereto. Section 11.2. Decintiatt of Aew. Such e:p„■eiaa pry he accomplished by reoor1g at Declaration of Aateexatioa is the record of the Qark ad Reca+ier of Garfield Comity, CoireTtlo. before JtraMsry 1, 1999, desr rt`ling the real property b be exppeded, mhemi ting it to the comber it, coeotitroua ase reetrictioee znataissd is the Decimation, sad providing far voag eights sad Armament anemias as provided is thio Declaration. std Decheatios of Ansettetice AEU not require the corset of Owners. Any sari argsastioe .ball be affective mom tie filing fin, rsurord of spud Decimation of a�� jimmied drier. terpreioa. Upon tie � r3' be a000d is style* by suraoee®va *eres�te of nay each Dechsatias of Aasaxa boa, the drfleitioes used ie this Declaration Aril be eotpseded amitmentically to eceaaaupar end refer to 'Tiller Springs as expended. Stich De/rarefies of Asosaratios may add simplemeied oovraaata picuire to tie adjoierimg property is maitre, oe deists or modify provisions of this Declarajoa as it amiss to the adjoireg propiwty added. However, Mir Section may sot be modified with respect to fiat portion of the Property already subject b this De.deratice, except as provided below for amendment. Section 11.3. i .. . , Land drahcnlar in ,3. lit '$' may be ' Real property which is not pert of the Adjoining Members. into tie Property with the comment of two-thirds (2I3) of each clans of higankaaraliCEEILEAM Section 12,1. Mignigagagiminmaii. Unless at hereat sixty -saves percent (67%) of the First Mortgagees (based oa one vote for each Fiat Mortgage owned) and at least sixty -saves permit (67%) of the Owners (other than Declarant) have given their prior writtas approved, tie Association shag not be eatdded to; (a) By act or omission seek to abandon, aecarssber, ail, or transfer all or part of the Common Areas (provided that the granting of a eemeste for public utilities or, for other public purposes consistent with the intended use of such Common Areas si~all not be deemed a trawler within the meaning of this clause), (b) amp the method of ding the obligation, Asaessinents, clues, or othwx levied against an Owner; may be (c) By act or omission cringe. waive, or abandon say scheme of regulations or their eaforcement penaintng to the architectural design or the exterior appearaeee or the exterior maintenance of Improvements is which are (heeding units, the maintenance of walks, Race., and driveways, if any, in the Common Areas and the upkeep of lawns and planting; (d) Fail to maintain ere and extended coverage on insurable common property in an amount not leas than 100 percent of current replacement cost; or (e) Use hazard insurance proceeds for iosses to common property for other than the repair, rola, or reconstruction of each common property. Unless a First Mortgagee provides the Secretary of the Association with written notice of its objection, if any, to any proles amendment of action outlined above within 30 days following the First Mortgagee's receipt of notice of such -16- bnnx 815 ptir>; 374 proposed ameedinent or *Aim, the First Mortgagee will be deemed conclusive to have approved the proposed amendment or ate. Section 12.2. Mertgag s' Rirlus. First Mortgagees of Lots, individually or joinery, may pay taxes or other charges which are in default and which nasty or have become a charge agent any of the Coanrron Arose or Improvements thereon, and may pay overdue premiums on hazard imtwr ice politica, or secure new hazard insurance coverage on the lapse of a policy, for the Common Areas. First mortgagees making such payments shall be Geed immediate reimbursement from the Aasc ciatioa. Section 12.3. Title Taken by First Mgttearree. Any holier of a Firm Mortgagee against a Lot pursuant to the remedies provided in the First Mortgrs, including foreeiosure of the First Mortgagee, will be liable for all Assessments clue and payable as of the date title to tne Lot is acquired or could have bean acquired under the statutes of Colorado governing foreclosures, whichever is earlier. Such First Mortgagee shall not be liable for any unpaid dues and charges attributable to the Lot which accrued prior to the date the First Mortgagee acquired title or could have acquired title under the Colorado foreclosure statutes, whichever is earlier. ARTICgrE glimilcradEar a Section 13.1. yElliggLa_thialmo.Every violation of this Declaration or any other of the Teller Springs Documents is deemed to be a nuisance and is sect to all the remedies provided for die abatement of etre violation. In addition, all public and private remedies allowed at law or equity against anyone in violation of these Covenants snail be available. Section 13.2. celeggiagieg. Each Owner or other occupant of any part of the Property shall comply with the provisions of the Teller Springs Documents u the same may be amended from time to time. Section 13.3. figure le Corr. Failure to comply with the Teller Springs Documents shall be grounds for an action to rawer damagee or for injunctive relief to cause any such violation to bo remedied, or both. Reasonable notice and an opportunity for a !rearing as provided in the Bylaws shall be given to the delinquent party prior to commencing any legal proceedings. Section 13.4. Wto may Enforce. Any action to enforce the Documents may be brought by the Declarant or the Board in the name of the /be -socialise oa behalf of the Owners. If, after a written request from an aggrieved Owner, rione of the foregoing persons or entities commence an action to enforce the Teller Springs Documents, thea the aggrieved Owner may bring such an action. Section 13.5. Remedies. In addition to the relies set forth above in this Article XIII, any violation of the Teller Springs Documents shall give to the Board or the Declarant, on behalf of the Owners, the right to enter upon the offending premises or take appropriate peaceful action to abate, remove, modify, or replace, at the expense of the offending Owner, any structure or condition that may exist thereon contrary to the intent and meaning of the Teller Springs Documents. If the offence occurs on any a eoment, pathway, Common Areas or the like, the cure shall be at the expense of the Owner or other peeson responsible for the offending condition. Section 13.6. Nonexclusive Remedies. All the remedies set forth herein are cumulative and not exclusive. Section 13.7. No Waiver. The failure 3f the Board of Directors, Declarant, the Design Review Committee or any iggrievee Owner to enforce the Teller Springs Documents shall not be deemed a waiver of the right to do so for any .-ubsequent violation or of the right to enforce any other part of the Teller Springs Documents at any future time. Section 13.8. No Liability. No member of the Board of Directors, the Declarant, the Design Review Committee )r any Owner shall be liable to any other Owner for the failure to enforce any of the Teller Springs Documents at any time. Section 13.9. Recovery of Costs. If legal assistance is obtained to enforce any provision of the Teller Springs )ocuments, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of the Teller -17- lil}r)KStri `j Springs Documents or the restraint of violations of the Teller Springs Documents, the prevailing party eleaii !se entitled to recover all costs incurred, including reasonable attorney's feed. ARTICLE XIV DURATION OF COVENANTS AND AMENDMENT Section 14.1. Ism. This Declaration and any amendments or supplements hereto shall remain in effect from the date of recordation until December 31, 2021. Thereafter these Covenants shall be automatically extended for five successive peeiods of ten years each, unless otherwise terminated or modified as provided below, Section I4.-2. Amendment, This Declaration, or any provision of it, may be terminated, extended, modified, or amended, as to the whole or any portion of the Property, upon the written consent of more than sixty-seven percent (67%) of the Owners (other than Declarant). Amendments made pursuant to this Section shall inure to the benefit of andbe binding upon all Owners of any part of the Property, their family, tenant-, guests, invitees, and employees and their respective heirs, successors, and 4aaigns. A certificate of a licensed abstnect or title company showing record ownership of the Property and a certificate of the Secretary of the Association documenting votes held and voting rights exercised on the basis of treat ownership records shall be evidence of such ownership and voting representation for the purposes of any such amendment Section 14.3. When Modifications Permitted. Notwithstanding the provisions of the preceding Section, no termination, extension, modification or An endment of this Declaration shall be effective irk any event prior to December 31, 1999, unless the written approval of Declarant is first obtained. Section 14.4. Amendment nt by Declarant. Notwithstanding any other provision of this Declaration, Declarant, acting alone, reserves to Declarant the sole right and power to modify and amend this Declaration by executing and recording an instrurneet setting forth the amendment This right and power of the Declarant, acting alone, to amend this Declaration in whole or in part, at any time and from time to time, shall be effective only with respect to any amendments recorded on or before the sale of any Lot. Section 14.5. Notice of Amencimene Except in the case of Amendments made by Declarant pursuant to the preceding Section, no amendment of this Declaration shall be effective unless a written notice of the proposed amendment is sent to every Owner sixty (60) days in advance of any action taken or purported to be taken and such Owner has been given the opportunity to vote or give its consent thereto. Section 14.6. Effective on Recording. Any modification or amendment shall be immediately effective upon recording in Garfield County, Colorado, a copy of such amendment or modification, executed and acknowledged by the neer, :-y number of Owners and by Declarant, as required, accompanied by a certificate of a licensed abstract or title company ss to ownership, or alternatively, upon the recording in Garfield County, Colorado, or a copy of the amenr/meut or modification together with a duly authenticated certificate of the Secretary of the Association staling that the required number of consents of Owners were obtained, as evidenced by a certificate of a licensed title or abstract company or other authoritative evidence of compliance with the requirements of this Declaration regarding amendments, which shall be placed on file in the office of the Association. Section 14.7. Revocation. This Declaration shall not be revoked, except as provided in Article X regarding toed condemnation, without the consent of all of the Owners in a written instrument duly recorded. ARTICLE XV MISCELLANEOUS PROVISIONS Section 15.1. Severability. This Declaration, to the extent possible, shall be construed or reformed so as to give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating any other part hereof. Section If / Cptnstniction. In interpreting words in this Declaration unless the context shall otherwise provide or require, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. -38- flON 815 p Swim not the ersaes15 3. � The nuedierge aero h candy, ler the purposes of ecentient aeite nee, aid they ewlrei[ g or ,bion of this Dieciersion. 3ec4oe 15,4. Msg. M otiees or remains orgairod slit be in fig- Noe.tu. aleH�weel and 'evws ate' Owner dab x+teei/iend �'°n� � �, or thole (3) day s. adir . when sentby eek erheif; rothem mart r --1j, to the Mem of arch Owner on tide in the recce& of the AsessietiO- at the time of enek Vii; Moder troth s the Amend= or the Design Review Caen.itlee a1 be conidesed• delivssand and eve epos permed d&Avery, or three days ether pmeti , when sent by certified ted mad, return cecaipi regesesed, to the Association, the Based or the Mite at airliner as shalt be estalsikkedby i sAmoo from time to time by notice to the Members. ('neral neeicee to al Mashers or say classification *woof need not be certified, but may be suet regular first. wee mail. Section 15.5. Waiver. No failure an the pact of the Association, the Board, or the Committee to give notice of default or the monism or to delay in exercising any right to remedy shall operate so a waiver,. except as/ peovided above in the caveat the Board or Committee fails to respond to curtain requests. No waiver stenbe effective mss it is is writing, signed by the President or Vice President of the Board on behalf of the Association, or by the Cheirmest of the Coetitee on bohalf of the Committee. Section 15.6. ggailigtamitzukcagnuk, In case of conflict between this Declaration and the Articles of Incorporation or the Bylaws, this Declaration shall control. Section 15.7. Mule Against Perpetuities. Notwithstanding scything in this Declaration to the contrary, if any of the covenants, diuons, restrictions, eaeaments, or other far violation of the rule PC°vs of this Declaration shall be unlawful, void, or v�chideiie against perpetuiities, then such provisions shall terminate on the death of the survivor of the now living children of H» Royal Highness Charles, Prince of Wales, plustwenty-one (21) years. Section 15.8. Aggiggsgag. Declarant may assign all or any part of Declar'ant's rights and reservations hereunder to any moonier who tains title to all or part of the Property in a bulk purchase for the purpose of development aid aide. Such successor shall be identified, the particular rights being assigned shall be specified, and, to the extent re+gttud, concomitant obligations shall be expressly assumed by such successor, all in a written instrument duly recorded in the records of the Clerk and Recorder of Garfield County, Colorado. STATE OF COLORADO COUNTY OF GARFIELD ) ) ss. Subscribed and sworn to before me this appeared before me. WITNESS my hand and official seryl. My Commission .Expires: 3/13/93 D. Jeffery l4thh day of October, -19- 1991, by Ross D. Jeffery, who personally Notary ' blic APPENDIX I - Mincer Floodplain Report 17 MINCER FLOODPLAIN REPORT GARFIELD COUNTY, COLORADO Prepared For Mr. Neil Mincer NOVEMBER, 1992 Prepared By: Schmueser Gordon Meyer, Inc. 1001 Grand Avenue, Suite 2-E GIenwood Springs, CO 81601 Jeff Simonson, P.E. TABLE OF CONTENTS 1f 1 TABLE OF CONTENTS FLOODPLAIN REPORT TABLES HYDRAULIC CALCULATIONS MAPPING FLOODPLAIN REPORT MINCER FLOODPLAIN REPORT November, 1992 Schmueser Gordon Meyer, Inc. has been retained by Mr. Neil Mincer to perform a floodplain study on his property located in the SE%, of Section 12, Township 7 South, Range 89 West of the 6th Principal Meridian, County of Garfield, Colorado. This parcel of land abuts the Roaring Fork River between Carbondale and Glenwood Springs just upstream of the confluence of the Roaring Fork River with Cattle Creek. The principal objective of the floodplain study was to determine (through more detailed analysis) the exact boundary between the flood fringe and the floodway on the Roaring Fork River adjacent to the property. Once this boundary was established, the location of a building envelope on the property could be determined with respect to this boundary. Hydrologic data for this study was obtained from the previous floodplain work performed and completed in 1983 by Gingery & Associates. This floodplain work was performed to provide information for use by Garfield County and updating regulations as part of the Flood Insurance Program by the Federal Emergency Management Agency (FEMA). Pertinent information from this study has been attached to this report. APPROACH The floodplain study performed for Mr. Mincer utilized, whenever possible, the information from the FEMA study. Detailed data (filled shot cross sections and detailed topography) obtained in the field on a site specific level was used to supplement the FEMA study. Supplementing the FEMA study with the detailed data no longer provided interpolated values as to the elevation of the base flood or the location of the floodway and floodway fringe boundary. Utilization of the U.S. Army Corps of Engineers HEC -2 step backwater program provided information as to the hydraulic characteristics of the Roaring Fork River along with the water surface elevations of the base flood. Mapping prepared by Analytical Surveys, Inc. was used as a base map for the study. This mapping (200 scale, 2' contour interval as used with the FEMA study) was based on aerial photography taken in December of 1982. Schmueser Gordon Meyer used the same datum to collect the detailed data necessary to define the site specific topography as it relates to the mapping and subsequent floodplain study. The detailed data collected spot elevations and ties to verify the accuracy of the 200 scale mapping. The hydraulic calculations (i.e., HEC -2 runs) are attached to this report. The first HEC -2 run was performed to verify that the hydraulic model was equivalent to the FEMA model. This model was the floodway analysis by Gingery & Associates on the original FEMA study and was scaled down from the original model to include only five cross sections immediate .to the Mincer property. 1 The final run was performed to determine the location of the floodway adjacent to the property. This run considered full encroachment in the west side of the river between cross sections 44 and 43.2 (see accompanying map). The outcome indicated that the floodway could be encroached upon approximately 35 feet at cross section 44 and approximately 100 feet at cross section 43.2. The floodway data summary tables located at the end of this discussion identify the effects of the floodway relocation at each of the cross sections. Table 1 (attached) is the floodway data table for the original FEMA model. The hydraulic calculations determining the data summarized in floodway data Table 1 are representative as model it 1. A copy of the calculations (model #1) are attached for more detailed information. Table 2 (also attached) is a summary of the floodway data determined from model #2. Model #2 is identical to model #1 with the exception that the more detailed topography has been provided (additional two cross sections) in the calculations. A copy of the hydraulic calculations for model #2 are also attached for more detailed information. Figure 1 (attached), identified as Vicinity Map, has been reproduced and prepared from a USGS map. This map identifies the general location of the floodplain map. Figure 2 (attached) identifies the affected FEMA mapping complete with the panel number. Figure 3 (attached) identifies the work maps presented to Garfield County for the FEMA mapping. Figure 4 (attached) identifies the mapping prepared with the Mincer Floodplain Study. Cross section locations, floodway and floodplain line locations (both study floodway location and FEMA floodway location) are shown. Additionally, the property lines of the Mincer property are shown. Figure 5 is a plat map prepared by High Country Engineering delineating the property with respect to various defined boundaries. CONCLUSIONS The definition of the flood fringe is listed as follows: That area of the floodplain shown on the flood maps which lies outside the floodway, in which depth and velocity of the waters of the 100 -year flood do not present as serious a threat to life and property as do the depth and velocity of the flood waters in the floodway. It is that area of the 100 -year floodplain in which the use of fill and flood -proofing techniques may be allowed for development, without raising the water surface elevation of the 100 -year flood by more than one foot. The results of the floodplain study indicated that the building envelope lies within the flood fringe. Although the building envelope is in the flood fringe, water depths at the building envelope are excessive enough that further investigation needs to be performed to acquire a Special Use Permit. The County zoning regulations regarding this matter reads as follows: Flood Fringe/Flood Prone Areas (1) Prohibited uses and activities. The following uses and activities are prohibited in the flood fringe/flood prone areas: 2 al The development, use, fill, construction ,substantial improvement, or alteration on or above any portion of the flood fringe or flood prone areas which alone, or cumulatively with other activities, would cause or result in the danger of substantial solid debris being carried downstream by floodwaters. bl The storage or processing of materials that, in times of flooding, are buoyant, flammable, explosive, or otherwise potentially imperious to human, animal or plant life. cl The disposal of garbage or other solid waste materials. dl The placement of any mobile homes. el An obstruction which would adversely affect the efficiency of, or restrict the flow capacity of, a designated floodplain so as to cause foreseeable damage to others. 2. Permissible uses. All special uses permitted in the floodway, an all lawful uses permitted by the underlining zoning subject to Section 6.09.02(1) of this regulation and the regulations concerning the Special Use Permit, are permitted in the flood fringe and flood prone areas. 3. Performance standards. The following performance standards must be met for development in the flood fringe or flood prone areas. al The lowest floor, including basement, of any new or substantially improved building designed for residential occupancy shall not be Tess than one foot above the maximum water elevation of the 100 -year flood. ID] All new construction or substantial improvements shall be reasonably safe from flooding. cl Any new construction or substantial improvement designed for commercial or industrial uses shall either: (i) Elevate the lowest floor level, including basement, to not less than one foot above the maximum water surface elevations of the 100 -year flood; or (ii) provide flood proofing improvements of below elevation of one foot above the maximum water elevations of the 100 -year flood, the structure, together with the attendant utility and sanitary facilities, is water -tight with walls substantially and permeable to the passage of water. Structural components shall be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Evidence shall be 3 submitted and certified by a registered professional engineer or architect that the flood proofing meets the standards as set forth herein. di Any proposed development shall be reviewed by the Floodplain Administrator to ensure that the potential for flood damage by the 100 - year flood is minimized, that public utilities and facilities are located, designed and constructed so as to minimize damage by the 100 -year flood and that adequate drainage is provided to reduce exposure to flood hazards. e] All new construction or substantial improvements shall be designed and adequately anchored to prevent flotation, collapse, or lateral movement, be constructed with materials and utility resistant to flood damage, ad be constructed by methods that minimize flood damage. f] new or replacement water supply systems and sanitary sewage systems shall be designed so as to minimize or eliminate infiltration of flood waters. On-site individual sewage disposal systems shall be located so as to avoid impairment of them or contamination from them during a 100 -year flood. g] Within any area subject to sheet flow (Zone "AO" on the Flood Insurance Rate Maps), all new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the highest adjacent grade of the nearest street to or above the depth number specified on the Flood Maps. Any new construction or substantial improvements of non- residential structures in areas identified as subject to sheet flow, shall have the lowest floor, including basement, elevated above the highest adjacent grade to or above the depth number specified on the Flood Maps, or, together with attendant utility and sanitary facilities, be completely flood -proofed to or above the elevation of the water surface as specified on the Flood Maps. h] Any mobile home existing at the time of adoption of this resolution placed within Zone A and/or Zone A1-30 on the FIRM that is substantially improved shall be elevated such that the lowest floor elevated above the base flood elevation and anchored to prevent flotation and lateral movement. End FLOODWAY SUMMARY TABLE MODEL NO. 1 FL000WAY DATA, ROARING FORK RIVER PROFILE NO. 2 FL000WAY --- --- WATER SURFACE ELEVATION STATION WIDTH SECTION MEAN WITH WITHOUT DIFFERENCE AREA VELOCITY FL000WAY FL000WAY 41.000 449. 2977. 6.3 5938..8 5937.8 1.0 42.000 199. 1287. 14.5 5941.0 5940.9 .1 43.000 329. 2537. 7.4 5946.3 5945.3 1.0 44.000 362. 2036. 9.2 5948.9 5948.3 ,6 45.000 490. 2867. 6.5 5952.7 5951.,8 .9 46.000 524. 1992. 9.4 5955.7 5955.7 .0 47.000 400. 2677. 7.0 5962.4 5962.2 .2 10-12-89 09:37:33 TABLE 1 FLOODWAY SUMMARY TABLE MODEL NO. 2 FL00DWAY DATA, ROARING FORK RIVER PROFILE NO. 2 FL000WAY WATER SURFACE ELEVATION STATION WIDTH SECTION MEAN 'WITH WITHOUT DIFFERENCE AREA VELOCITY FLOODWAY FL00DWAY 11.000 449. 2977. 6.3 5938.8 5937.8 1.0 42.000 199. 1287. 14.5 5941.0 5940.9 .1 43.000 329. 2537. 7.4 5946.3 5945.3 1.0 43.100 273. 2056. 9.1 5947.0 5946.2 .8 43.200 230. 1874. 10.0 5948.1 5947.9 .2 44,000 377. 2248. 8.3 5949.3 5948.7 .6 .45.000 490. 2682. 7.0 5952.4 5951.4 1.0 46.000 524. 1992. 9.4 5955.7 5955.7 .0 47.000 . 400. 2676. 7.0 5962.4 5962.2 ..2 10-18-89 12:20:16 TABLE 2 HYDRAULIC CALCULATIONS FLOODWAY SUMMARY TABLE MODEL NO. 1 FLOODWAY DATA, ROARING FORK RIVER PROFILE NO. 2 FLOODWAY MATER SURFACE ELEVATION STATION WIDTH SECTION MEAN WITH WITHOUT DIFFERENCE AREA VELOCITY FL000WAY FL000WAY 41.000 449. 2977. 6.3 5938.8 5937.8 1.2 42.000 199. 1287. 14.5 5941.0 5940.9 .1 43.000 329. 2537. 7.4 5946.3 5945.3 1.0 44.000 362. 2036. 9.2 5948.9 5948.3 .5 45.000 490. 2857. 6.5 5952.7 5951.8 .9 46.000 524. 1992. 9.4 5955.7 5955.7 .0 47.000 400. 2677. 7.0 5962:4 5962.2 .2 10-12-89 09:37:73 TABLE 1 FLOODWAY SUMMARY TABLE MODEL NO. 2 FL000WAY DATA, ROARING FORK RIVER PROFILE NO. 2 FL00DWAY WATER SURFACE ELEVATION STATION WIDTH SECTION MEAN WITH WITHOUT DIFFERENCE AREA VELOCITY FL000WAY FLOODWAY 41.000 449. 2977. 6.3 5938.8 5937.8 1.0 42.000 199. 1287. 34.5 5941.0 5940.9 .1 43.000 329. 2537. 7.4 5946.3 5945.3 1.0 43.100 273. 2056. 9.1 5947.0 5946.2 .8 43.200 230. . 1874. 10.0 5948.1. 5947.9 .2 44.000 377.1g:1_ 2248. 8.3 5949.3 5948.7 .6 45.000 _ 490.41€ 2682. 7.0 5952.4 5951.4 1.0 46.000 524. 1992. 9.4 5955.7 5955.7 .0 47.000 _400. 2676. 7.0 5962.4 5962.2 .2 10-18-89 12:20:16 TABLE 2 SUMMARY OF ERRORS AND SPECIAL NOTES NOTE SECNO= 41.000 PROFILE= 1 WSEL BASED ON X5 CARD NOTE SECNO= 41.000 PROFILE= 2 WSEL BASED ON X5 CARD CAUTION SECNO= 42.000 PROFILE= 2 CRITICAL DEPTH ASSUMED CAUTION SECNO= 42.060 PROFILE= 2 MINIMUM SPECIFIC ENERGY CAUTION SECNO= 45.000 PROFILE= 1 CRITICAL DEPTH ASSUMED NOTE SECNO= 46.000 PROFILE= 1 WSEL BASED ON X5 CARD CAUTION SECNO= 46.000 PROFILE= 1 MINIMUM SPECIFIC ENERGY NOTE SECNO= 46.000 PROFILE= 2 WSEL BASED ON X5 CARD 10-12-89 09:36:48 FLOODWAY DATA. ROARING FORK RIVER M 1a4 Pvar it PROFILE NO. 2 FL000WAY ------ WATER SURFACE ELEVATION STATION WIDTH SECTION MEAN Wi:TM WITHOUT DIFFERENCE AREA VELOCITY FLOODWAY FL00DWAY 41.000 449. 2977. 6.3 5938.8 5937.8 1.0 42.000 199. 1287. 14.5 5941.0 5940.9 .1 43.000 329. 2537. 7.4 5946.3 5945.3 1.0 44.000 352. 2036. 9.2 5948.9 5948.3 .6 45.000 490. 2867. 6.5 5952.7 5951.0 .9 46.000 524. 1992. 9.4 5955.7 5955.7 .0 47.000 408. 2677. 7.0 5962.4 5962.2 .2 10-12-89 09:37:33 THIS RUN EXECUTED 10-12-89 ************************************************** HEC2 RELEASE DATED NOV 76 UPDATED MAY 1984 ERROR CORR - 01,02,03,04,05,06 MODIFICATION - 50,51,52,53,54,55,56 IBM -PC -XT VERSION AUGUST 1985 **********************x*************************** PAGE PAGE APPENDIX J - FEMA Letters 18 Federal Emergency Management Agency Washington, D.C. 20472 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Buckey Arbaney Chairman, Garfield County Board of Commissioners 109 Eighth Street, Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. Arbaney: IN REPLY REFER TO: Case No.: 94-08-019P Community: Garfield County, Colorado Community No.: 080205 Panels Affected: 1465 B and 1465 Effective Date of This Revision: JUN 0 8 1994 102 -I -A O This is in response to a request for a revision to the effective Flood Insurance Study (FIS) and National Flood Insurance Program (NFIP) map for your community. Specifically, this responds to a letter from Mr. Mark L. Bean, Director, Building and Planning, Garfield County Regulatory Offices and Personnel, dated June 22, 1993, regarding the effective FIS report, Flood Insurance Rate Map (FIRM), and Flood Boundary and Floodway Map (FBFM) for the unincorporated areas of Garfield County, Colorado. Mr. Bean requested that we revise the effective FIRM and FBFM to show the effects of more detailed topographic information along the Roaring Fork River. All data required to complete our review of this request were submitted with transmittals from Mr. Jeffery S. Simonson, P.E., Schmueser Gordon Meyer, Inc., dated January 25, February 25, and March 17, 1994. Because this Letter of Map Revision (LOMR) solely incorporates more detailed topographic information, fees were not assessed for the review. We have completed our review of the submitted data and the flood data shown on the effective FIRM and FBFM, and have revised the FIRM and FBFM to modify the elevations and floodway boundary delineations of a flood having a 1 -percent probability of being equaled or exceeded in any given year (base flood) along the Roaring Fork River, from approximately 2,000 to 10,800 feet upstream of the confluence of Cattle Creek. As a result of this LOMR, the base (100 -year) flood elevations (BFEs) change, ranging from a decrease of 0.4 foot, at approximately 4,670 feet upstream of the confluence of Cattle Creek, to an increase of 0.6 foot, at approximately 6,020 feet upstream of the confluence of Cattle Creek. The maximum increase occurs at effective Cross Section BB, which is the only location where the change to the water -surface elevation is greater than 0.5 foot. The floodway width changes, ranging from a decrease of 5 feet to an increase of 1 foot. However, there are no changes to the Special Flood Hazard Area. 2 With his June 22, 1993, letter, Mr. Bean supplied a copy of a public notice stating the community's intent to revise the floodway. The modification is shown on the enclosed annotated copies of FIRM Panel 1465 B, FBFM Panel 1465, Profile Panels 13P and 14P, and the Floodway Data Table for the Roaring Fork River in Garfield County, Colorado. This LOMR hereby revises these panels of the effective FIRM, FBFM, and the Flood Profiles and Floodway Data Table in the FIS report, all dated January 3, 1986. The following table is a partial listing of existing and modified BFEs: Location Approximately 2,000 feet upstream of the confluence of Cattle Creek Approximately 3,000 feet upstream of the confluence of Cattle Creek Approximately 6,200 feet upstream of the confluence of Cattle Creek Approximately 7,000 feet upstream of the confluence of Cattle Creek Existing BFE (feet)* 5,945 5,948 5,962 5,965 Modified BFE (feet)* 5,945 5,949 5,963 5,965 *Referenced to the National Geodetic Vertical Datum, rounded to the nearest whole foot Public notification of the revised BFEs will be given in the Glenwood Post on or about July 6 and July 13, 1994. A copy of this notification is enclosed. Within 90 days of the second publication in the local newspaper, a citizen may request that the Federal Emergency Management Agency (FEMA) reconsider the determination made by this LOMR. Any request for reconsideration must be based on scientific or technical data. In addition, a notice of changes will be published in the Federal Register. We encourage you to supplement this notification by preparing an article for publication in your community newspaper. This article should describe the changes that have been made and the assistance your community will give in providing data and interpreting the NFIP maps. Because this LOMR will not be printed and distributed to users such as insurance agents and lenders, your community will serve as a repository for the new data. Due to present funding constraints, FEMA must limit the number of physical map revisions processed. Consequently, we will not republish the FIRM and FBFM for Garfield County, Colorado, to reflect the determination of this LOMR at this time. However, when changes to the FIS report, FIRM Panel 1465 B, and FBFM Panel 1465 for your community warrant a physical revision and. republication in the future, the determination in this LOMR will be incorporated at that time. The floodway is provided to your community as a tool to regulate floodplain development. Therefore, the floodway modifications described in this letter, while acceptable to FEMA, must also be acceptable to your community and 3 adopted by appropriate community action, as specified in Paragraph 60.3(d) of the NFIP regulations. This response to Mr. Bean's request is based on minimum floodplain management criteria established under the NFIP. Your community is responsible for approving all proposed floodplain developments, including this request, and for ensuring that necessary permits required by Federal or State law have been received. With knowledge of local conditions and in the interest of safety, State and community officials may set higher standards for construction, or may limit development in floodplain areas. If the State of Colorado or Garfield County has adopted more restrictive or comprehensive floodplain management criteria, these criteria take precedence. The maps as listed above and as revised by this letter will be used for all flood insurance policies and renewals issued for your community. This determination has been made pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and is in accordance with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, Public Law 90-448), 42 U.S.C. 4001-4128, and 44 CFR Part 65. Because of the modifications to the FIRM and FBFM for your community made by this LOMR, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. Prior to December 15, 1994, your community is required, as a condition of continued eligibility in the NFIP, to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Section 60.3(d) of the NFIP regulations. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. It must be emphasized that all of the standards specified in Section 60.3(d) of the NFIP regulations must be enacted in a legally enforceable document. This includes adoption of the effective FIRM, FBFM, and FIS report to which regulations apply and the modifications made by this LOMR. Some of the standards should already have been enacted by your community. Any additional requirements can be met by taking one of the following actions: 1. Amending existing regulations to incorporate any additional requirements of Section 60.3(d); 2. Adopting all of the standards of Section 60.3(d) into one new, comprehensive set of regulations; or 3. Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Section 60.3(d). Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Act as amended. Federal Emergency Management Agency Washington, D.C. 20472 OCT 21 1994 OCT 2 1994 �aG CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Buckey Arbaney Chairman, Garfield County Board of Commissioners 1U9 Eighth Street, Suite 303 Glenwood Springs, Colorado 81601 CO LJ ll' Y v?� IN REPLY REFER TO: Case No.: 94-08-019P Community: Garfield County, Colorado Community No.: 080205 T + Ai ii. a ...1... -C.::+ • .• + /:” *? and 1465 116 -I -A Dear Mr. Arbaney: On June 8, 1994, you were notified of proposed modified flood elevation determinations affecting the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) for the unincorporated areas of Garfield County, Colorado. These determinations were for Roaring Fork River, from approximately 2,000 feet upstream of the confluence of Cattle Creek to approximately 7,000 feet upstream of the confluence of Cattle Creek. The 90 - day appeal period that was initiated on July 13, 1994, when the Federal Emergency Management Agency (FEMA) published a notice of proposed base (100 - year,) flood elevations (BFEs) for Roaring Fork River in your community, has elapsed. FEMA received no valid requests for changes to the modified BFEs. Therefore, the modified BFEs that became effective on June 8, 1994, remain valid and revise the FIRM and FBFM that were in effect prior to that date. ....34ifican..t' cns are pur. cant to .3::cticn ,-' 106 .vf thF1 ; t c.. rinaoter Protection Act of 1973 (Public Law 93-234) and are in accordance with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, Public Law 90-448), 42 U.S.C. 4001-4128, and 44 CFR Part 65. The community number(s) and suffix code(s) are unaffected by this revision. The community number and appropriate suffix code as shown above will be used by the National Flood Insurance Program (NFIP) for all flood insurance policies and renewals issued for your community. FEMA has developed criteria for floodplain management as required under the above-mentioned Acts of 1968 and 1973. To continue participation in the NFIP, your community must use the modified BFEs to carry out the floodplain management regulations for the NFIP. The modified BFEs will also be used to calculate the appropriate flood insurance premium rates for all new buildings and their contents and for the second layer of insurance on existing buildings and their contents. 2 If you have any questions regarding the BFE determinations, please contact the Director, Mitigation Division of FEMA in Denver, Colorado, at (303) 235-4830, or Mr. John Magnotti of our staff in Washington, DC, either by telephone at (202) 646-3932 or by facsimile at (202) 646-4596. Sincerely, Mich: el,/K. ick1ey, P.E. , Chief Hazard Identification Branch Mitigation Directorate ■■■■■ E S O UJ -- C E ■ !■■■ ■ ■■■■ ■ ■•■■ E N G I N E E R I N G I N C. Mr. Richard Wheeler RE CEI VEDary 28, 2006 Garfield County Building and Planning Department 108 Eighth Street, Suite 401 MAR 0 2 2006 Glenwood Springs CO 81601 GARFii U COUNTY RE: Bones Floodplain Special Use Permit Application BIG & PLANNING Dear Richard: At the request of Garfield County, Resource Engineering, inc. (RESOURCE) has reviewed the Floodplain Special Use Permit Application submitted by Larry and Robin Bones for development within the Roaring Fork River floodplain on Lot 21 of the Teller Springs Subdivision south of Glenwood Springs. The submittal was prepared by Gamba & Associates, Inc. dated December 13, 2005. PROJECT The proposed development would include a main residence, an accessory dwelling unit, a barn and related driveways, utilities and wastewater disposal system. The project would also include relocating the underground utilities that serve the adjacent lot to the north. ANALYSIS The application presents a proposed building envelope which is located outside of the floodway and within the Flood Fringe District. The proposed activities would be allowed uses within the flood fringe as described in Section 6.09.02, provided that the minimum elevation of the lowest finished floor for each structure is at least one foot above the 100 year base flood elevation and the construction complies with all other provisions of Section 6.09.02 of the Garfield County Floodplain Regulation. The application site map provides the minimum finished floor elevation contours at 50 foot intervals for the proposed building envelope. The elevations are consistent with the floodplain map as amended by a FEMA letter of Map Revision (LOMR) dated June 8, 1994 and the site map should be incorporated into any approval. RECOMMENDATION The proposed activities would qualify for approval of a Floodplain Special Use Permit. We recommend that if a permit is approved for Lot 21, Teller Springs Subdivision, the conditions of such approval should include the following: 1. Sheet No. 1 titled, "Lot 21 Teller Springs Ranch Site Map" dated November 11, 2005 and prepared by Gamba & Associates, Inc. is incorporated into the Floodplain Special Use Permit for reference to the acceptable "building envelope" within the flood fringe and the allowable minimum finished floor elevations consistent with the FEMA mapping including the June 8, 1994 LOMR. Consulting Engineers and Hydrologists 909 Colorado Avenue II Glenwood Springs, CO 01 601 ■ (970) 945-6777 • Fax (970) 945-1137 Mr. Richard Wheeler February 28, 2006 Page 2 2. The Owner/Developer shall demonstrate to Garfield County Building and Planning Department as part of the building permit process that the lowest finished floor elevation shall be constructed at one foot above the floodplain elevation. No building permit shall be issued until this condition is met. 3. Prior to the issuance of a Certificate of Occupancy (CO) for each structure subject to the Garfield County Floodplain Regulations, the Applicant shall provide the Garfield County Building and Planning Department with an official survey indicating that the lowest finished floor elevation for all structures is constructed at one foot above the floodplain elevation. This survey shall be completed by a licensed surveyor who shall sign and stamp the survey submitted to this Department. It is noted that the survey must be on the same datum as the floodplain study. Please call if you have any questions or need additional information Sincerely, RESOURCE E GINEERING, INC. 9 l Michael J Water R cion, P.E. ource Engineer MJE/mmm 885-47.0 E: 1Client1885147.01rwheeler bones floodplain 885.doc RESOURCE E N G I N E E I I N G I N C. G A M B A & ASSOCIATES CONSULTING ENGINEERS & LAND SURVEYORS www.GAMSAENGINEERING_cen PHONE: 970/945-2550 FAX: 970/945-1410 • 113 NINTH STREET, SUITE 214 P.O. Box 1458 GLENWOOD SPRINGS, COLORADO 81602-1458 Richard Wheeler Garfield County Building and Planning Department 108 8'h Street Suite 201 Glenwood Springs, CO 81601 RE: Letter of Addendum for Special Use Permit to Construct within the Floodplain for Lot 21, Teller Springs Subdivision Dear Richard: In accordance with our meeting on Friday, January 201h, 2006, and your letter dated January 18'h, 2006, we submit this letter and the accompanying documents to amend and provide supplemental information for the Special Use Permit application to construct within the floodplain on lot 21, Teller Springs Subdivision. Item 1 (from 01/18/2006 letter): During our meeting, it was agreed that with respect to this Special Use Permit Application to Construct within the Floodplain we have satisfied Item 1. As we discussed, this application is for the benefit of a potential buyer of Lot 21, and the purchase of the Lot will not occur unless and until a Special Use Permit is approved that would allow the buyer to construct a residence within the floodplain. In order to define the footprint of the proposed structure it would be necessary to at least preliminarily design the proposed residence. Obviously, the potential buyer is not inclined to incur a significant expenditure for architectural services until he is certain that he can construct his residence in the desired location on the lot. On this basis it was agreed that given the circumstances of this application, the delineation of the proposed building envelope with the corresponding minimum finished floor elevations adequately address the issue of the "proposed structure". Item 2 (from 01/18/2006 letter): With respect to the question of legal access to a dedicated right-of-way, we have included with this letter a copy of the original Teller Springs Subdivision Plat recorded on October 14'1), 1991 as Reception Number 428210 and a copy of the Amended Plat of Lots 5 & 21, Teller Springs, recorded on April 14'h, 1993 as Reception Number 446368. Letter of Addendum for Special Use Permit to Construct within the Floodplain Lot 21, Teller Springs Subdivision January 23, 2006 Page 1 of 4 Item 3 (from 01/18/2006 letter): With respect to the question of ISDS versus connection to the sewer force main owned by the Roaring Fork Water and Sanitation District, it was agreed during our meeting that it was not necessary as part of this application to determine which wastewater solution is to be utilized. However, the applicant fully understands that a building permit will not be issued without either an approved ISDS permit or an approved agreement to connect to the force main. Item 4 (from 01/18/2006 letter): As stated in Note 2 of the previously submitted Site Map, it is our opinion that there is a typographical error in Table 2 of the "Mincer Floodplain Report, Garfield County, Colorado". The water surface elevations in Table 2 are labeled as "With Floodway" and "Without Floodway". The column of water surface elevations labeled "With Floodway" are relatively higher than the corresponding water surface elevations from the column labeled "Without Floodway". According to FEMA, the Flood Fringe is defined as that portion of the 100 -year floodplain that could be eliminated (i.e. completely filled to an elevation above the 100 -year floodplain) without raising the flood elevation by more than one (1) foot. Conversely, the Floodway is the portion of the floodplain remaining after the removal of the flood fringe, or that portion of the floodplain that conveys the majority of the floodwaters. Based on these definitions, it stands to reason that if one were to eliminate the "floodway" then the water surface elevations of the 100 -year flood should dramatically increase, not decrease. It is typical when preparing a HEC -2 analysis (or the more modern HEC -RAS analysis) to evaluate the floodplain with and without the flood fringe, not with and without the floodway. In any case, it should be understood that our noting of this apparent typographical error is purely for purposes of accuracy and should in no way affect this application. We do not believe that the water surface elevations included within the report are in error. Although there may be a typographical error in the column labels included within the Mincer Report, this floodplain analysis was adopted by FEMA as a LOMR (Letter of Map Revision) as is noted on the letters from FEMA included in Appendix J of our application. On this basis, the water surface elevations included in this report are the official FEMA floodplain elevations for this portion of the Roaring Fork River. We are proposing finished floor elevations that are one foot above the FEMA floodplain elevations and our application is therefore in compliance with the Garfield County and FEMA regulations. Letter of Addendum for Specie! Use Permit to Construct within the Floodplain Lot 21, Teller Springs Subdivision January 23, 2006 Page 2 of 4 Item 5 (from 01/18/2006 fetter): In regard to the proposed relocation of the existing 20 -ft. utility easement, Larry and Robin Bones request as an addendum to the Special Use Permit Application for Building in the Flood Fringe on Lot 21 of Teller Springs Subdivision submitted on December 14, 2005, a Special Use Permit to relocate shallow utilities (gas, electric, phone and cable television) currently located within the floodplain on Lot 21 The utility lines proceed across from the northerly portion of Lot 21 to the northwesterly corner of the adjacent property currently owned by Terrance Claassen. A Warranty Deed recorded at book 1 165, page 926 with the Garfield County Clerk and Recorders office, and included in Appendix E of the application, authorizes the owners of lot 21 to relocate the utility lines at their sole expense. The current utilities would be relocated to avoid the proposed building envelope for Lot 21. The existing utility lines are located entirely within the floodplain, but outside of the floodway. The proposed relocation would place a portion of the utility lines within the floodway of the Roaring Fork River. It should be understood that the construction of utilities within the floodway is not unusual and provided that minimum design and construction standards are applied, the proposed relocated utilities will be resistant to flood damage. As can be seen from the Site Map included with the application, the relocated utilities are proposed to be constructed on a portion of Lot 21 that is above the mean high-water line of the Roaring Fork River and uphill and behind an existing fence that borders a Pedestrian, Equestrian and Maintenance Easement that follows the boundary of Lot 21. The relocation of the utilities will not result in a change in the grade or elevation of the ground surface, and therefore, will not result in any impact to the flood elevations of the 100 -year flood. The utility trench excavated for the proposed relocation of utilities will be backfilled with the native in-situ soils, which are river alluvium consisting primarily of cobbles and gravels. This in-situ river alluvium soil type has been deposited by the Roaring Fork River and is resistant to erosion. Additionally, following the excavation and backfill of the utility trench, the disturbed ground surface will be revegetated with the native grasses and shrubs, which will further reduce the possibility of erosion during the 100 -year flood. By constructing the utility trench in this manner, the utilities would be located, designed and constructed so as to minimize damage by the 100 -year flood. Letter of Addendum for Special Use Permit to Construct within the Floodplain Lot 21, Teller Springs Subdivision January 23, 2006 Page3of4 It should be noted that the relocation of the utilities will not require the relocation or construction of any utility vaults or access panels, such as electrical transformers or telephone pedestals within Lot 21. The utilities to be relocated within the new trench will consist of continuous joint -restrained conduits and direct -bury cables, both of which are resistant to flood damage. Provided that the utilities are relocated in the manner described above, the relocation of the utilities would comply with all requirements of Section 6.09.02(3). If you have any questions, please call. Sincerely, Gamba : Associates, Michael Gamba, P.E. & P.L.S. H:\05587\Special Use Permit\Special Use Permit for Relocation of Shallow Utilities.doc cc: Ed Olszesky, Attorney Ron York Larry & Robin Bones Letter of Addendum for Special Use Permit to Construct within the Floodplain Lot 21, Teller Springs Subdivision January 23, 2006 Page 4 of 4