HomeMy WebLinkAbout1.0 ApplicationDec -11-98 04:13P Stpll->--chuleta
4110
APPLICATION
Special Use Permit
970-9785
GARFIELD COUNTY PLANNING DEPARTMENT
,r f,$ 109 Eighth Street, Suite 303
,;; ifl�"C3_�I Glenwood Springs, CO 81601
Telephone: 970.945.8212e "4'acsimile: 970.945.7785
RECEIVED MAR fl R
Submittal Date: 199rBase Fee.
Applicant: i /ii/ i1 ' /Au 6
$400
Address of Applicant: Gl,len /leg LLerZn,' 4-/V */ Telephone:
Special Use Being Requested:
G
N 6
P_01
Zone District: Size of Property:
Application Requirements: These items must be submitted with the application
1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
2] Ifyou will be using water or will be treating wastewater in conjunction with the proposed use, please
detail the amount of water that would be used and the type of wastewater treatment. If you will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal water
supply information, including a water allotment contract or an approved water augmentation plan.
3] A map drawn to scale portraying your property, all structures on the property, and the County or State
roadways within one (1) mile of your property. If you are proposing a new or expanded access onto
a County or State roadway, submit a driveway or highway access permit.
41 A vicinity map, showing slope of your property, for which a U.S.G. S. 1:24,000 scale quadrangle map
will suffice.
5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
landowners adjacent to your property. Include a list of all property owners and their addresses.
6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the
property owner, you must attach an acknowledgment from the property owner that you may act in
his/her behalf.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03 07, inclusive;
and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at least one (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a
newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and
publication must be submitted at the time of the public hearing.
The informatio contained within this application is complete and correct, to the best of my knowledge
nen 1 i �`, t' //� ; r Date:
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3-1-99
Property owners within 200' of lot #2 Cottonwood Hollow Subdivision
Lot #1: Smith, Gaylen B. & Pamela D. 105 Cottonhollow In. PO Box 241, Snowmass,
CO 81654
Lot #3: Forbes, Arthur & Janice, 1493 Cr. 106, Carbondale, CO 81623
Lot #9: Till, Barry C. & Henzel-Till- Jane A. 0206 Cottonhollow Ln. Carbondale. CO
81623
Lot #10: Granite Properties Inc. 0/0 Datel, Priscilla M. 301 Wentworth Blvd. ,
LaFayette, LA 90508
Lot #13: William. Guy F. III , 738 Cr. 113, Carbondale, CO 81623
The Bureau of Land Management, 50629 Hwy, 6&24, Glenwood Springs, CO 81601
Form No.
GWS -25
APPLICANT
OFFICE OF THE OATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St. Demror, Colorado 80203
(303) 868-3581
LIC
WELL PERMIT NUMBER 040324 - F
DIV 5 23 CNTY WD 38 DES. BASIN MD
Lot: 2 Block: Filing:
STEPHEN HEINIG AND KAREN OLSON
0281 CR 167
GLENWOOD SPRINGS CO 81601
303/945-0709
PERMIT TO CONSTRUCT A WELL
Subdiv: COTTONWOOD HOLLOW
APPROVED WELL LOCATION
COUNTY GARFIELD
NE 1/4 SW 1/4 Section 12
Twp 7 S , Range 88 W 6th P.M.
DISTANCES FROM SECTION LINES
2120Ft. from South Section Line
2150 Ft. from
West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules
2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water WeII
Construction and Pump Installation Contractors in accordance with Rule 17.
3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated in accordance with the Ora W.
McVey and Norma N. McVey Plan for Augmentation approved by the Division 5 Water Court in Case No. 80CW359.
If the well is not operated in accordance with the terms of said decree, it will be subject to administration including
orders to cease pumping.
4) Approved as the only well on a residential site of 5.005 acres described as Lot 2, Cottonwood Hollow Subdivision,
Garfield County.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed 2 acre-feet.
7) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single
family dwelling, the irrigation of not more than 1,000 square feet of home lawns and gardens, and the watering of
up to four (4) horses.
8) The return flow from the use of this well must be through an individual waste water system of the nonevaporative
type where the water is returned to the same stream system in which the well is located.
9) A totalizing flow meter must be installed on the well and maintained in good working order. Permanent records of
all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division
Engineer upon request.
10) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court
case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these
markings. GZC 11 () B)t I
()IAPAJ7-7-' (*)
APPROVED:
GRG
LL4.
By
FORM O.
cws•zt
1 ti90
PUMP INSTALLA N AND TEST REPORT...11.—For
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
o!nc. U.. only
1.1
WELL PERMIT NUMBER 040324 F
2.
OWNER NAME(S) Steve Heinig & Karen Olson
j
Mailing Address + : . • d 167
City, St. Zip Glenwood Slogs, go . 81601
Phone (303 ) 945-0709
—�
.�
NE 1/4 1/4, Sec. 12 Twp. 7 S , Range 88 W 6th
3.,
WELL LOCATION AS DRILLED., W
DISTANCES FROM SEC. LINES:
2120 ft. from South Sec. line. and 2150 ft. from West Sec. line.
(north south)est or west)
« i LOT BLOCK FILING(UNIT)
SUBDIVISION:
STREET ADDRESS AT WELL LOCATION:
4.
PUMPDATA: Type Submersible Installation Completed 6/15/93 •
Pump Manufacturer Goulds Pump Model No. 10EJ05412
Design GPM 10 at RPM 3450 .P 1/2 Volts 2 3 0 , Full Load Amps 4.8 .
,
Pump Intake Depth 38' Feet, Drop/Column Pipe Size 1" Inches, Kind PVC S C H 80
AD2ITIONAL INFORMATION mRPUMPS GREATER THAT 50 GPM:
TURBINE DRIVER TYPE: ❑ Electric ❑ Engine
•
Other •
Design Head feet, Number of Stages- , Shaft size inches. i
5.
OTHER EQUIPMENT:
Airline Installed Yes No, Orifice Depth ft. . Monitor Tube Installed ❑ Yes ❑ No, Depth ft.
Flow Meter Mfg grMeter Serial No.____________ .
Meter Readout ® Gallons, 0 Thousand Gallons, 0 Acre feet, ❑ Beginning Reading 0
6.
TEST DATA: 0 Check box it Test data is submitted on Supplemental Form.
Date 6/5/93
Total Well Depth 40 ' Time 2 HR
Static Level Rate (GPM) 10
Date Measured 6 Pumping LvI. 16'
7.
DISINFECTION: Type Chlorgx Amt Used 1/2 Gallon
8.
Water Quality analysis available. 0 Yes 0 No
9.
Remarks
0. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge.
[Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second
degree and is punishable as a class 1 misdemeanor.]
CONTRACTOR J & M PUMP CO Phone (303) 945-6159 Lic. No.1 19 6 •
Mailing Address 0241 Co Rd 167 Glenwood Spgs , Co. 81601
Name/Title (Please type or print)
Richard A Holub Owner
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Gailen Smith
P.O. Box 241
Snowmass, CO 81654
Cottonwood Hollow Subdivision, Lot owner #1 & #7
Mark Bean
Kit Lyon
Garfield Planning and Zoning
109 Ste Street, Suite 303
Glenwood Springs, CO 81601
Dear Sirs,
This letter concerns the application by Stephin Heinig lot #2 Cottonwood Hollow
Subdivision for a two-family dwelling.
Please see the engineering report by Lincoln Devore completed for lot # 2. The forth
paragraph refers to free ground water at a depth of 8 feet. Subsequently, Mr. Henig moved
his building envelope mush closer to the creek, with an amended plat, and installed the
leach field at an even lower grade.
His second floor structure is proposed to be build over the garage. Was it structurally
designed to support another floor?
We have a plat recording that requires strict adherence to specific guidelines. Please make
sure these guidelines are upheld.
Sincerely,
Gailen Smith
Owner lots #1 & #7
Lincoln DeVore,Inc.
Geotechnical Consultants
1441 Motor St.
Grand Junction, CO 81606
(303) 242.8968
• •
Ali
September 25, 1989
Mr. Gailen Smith
P.O.Box 241
Snowmass, Colorado 81654
Re: Test Pit Inspection
Lot 2, Cottonwood Hollow Sub.
Cattle Creek, Garfield County
Gentlemen,
As requested, Lincoln-DeVore personnel have recently completed a
test pit excavation evaluation at the above referenced site to
determine the condition of the foundation bearing soils. Our
conclusions and recommendations for the site are presented below:
EQil nalgijiDatiafi The soils on this site are quite variable,
ranging from scattered cobbles and gravels in a low plastic clay
matrix in the upper 2-1/2 feet to a medium to large boulders in a
very sandy clay matrix. These soils have low expansive
properties. The allowable bearing capacities of the soils are
2600 psf maximum and 400 psf minimum.
dap-pnddg fill The soils encountered in our test borings appear
to be native to the site. All building foundations must penetrate
any man-made fills which are present at the site et this time, as
well as any fills which result from the excavation process.
Carefull examination of the open excavationwill be necessary to
determine the presence or absence of man-made fills. The open
excavation must be examined prior to the placement of concrete to
establish that materials of proper design bearing capacity have
been exposed and that no soft spots or debris are present in the
foundation area. A 24 hour notice is required for all field
examinations to enable Lincoln-DeVore to schedule personnel and
provide service when needed.
sail fQigt1 Lg QQaditiQD 1 Moderate. Free water was observed , at
a depth of 8 feet below the existing ground surface.
EQ>alndAtion TY21 8102111MCadgdi A properly designed shallow
foundation system based upon the above allowable soil bearing
capacities would be appropriate for this site. Lincoln-DeVore has
not been provided with a set of construction drawings for this
structure, therefore, we cannot provide precise foundation
recommendations. If you wish Lincoln-DeVore to complete a formal
foundation design for this structure, please provide us with a
• •
Hr. Gallen Smith
lot 2, Cottonwood Hollow Sub.
September 25,1989
Page 2
set of construction drawings.
Rei,nforaingi All foundation stem walls should be designed as
"grade beams" capable of spanning at least ten feet. Where the
foundation stem walls are relatively shallow in height, vertical
reinforcing willnot be necessary. However, in the walls
retaining soil in excess of 4 feet in height, vertical
reinforcingmay be necessary to resist the lateral pressures
(restrained case) of the soils along the wall exterior. To aid
in designing such vertical reinforcing, an equivalent fluid
pressure (H.F.P) on the order of 45 pcf would be appropriate.
FisQQr �laba: Floor slabs on grade, if any, should be positively
separated from all structural portions of this building and
allowed to float freely. Frequent scoring (control joints) of the
slabs should be provided to allow for possible shrinkage cracking
of the slab. These control joints should be placed to provide
maximum slab areas of approximately 200 square feet. Any man-made
fill placed below floor slabs on grade should be compacted to a
minimum of 90% of its maximum Modified Proctor dry density, 'ASTM
D-1557. These soils should be placed at a moisture content
conducive to the required compaction (usually Proctor optimum
moisture content f2%.
The magnitude of expansion measured of the soils on this site is
such that floor slab movement should be expected if slab -on -grade
construction is used. tion -bearing partitions resting on slabs
should be constructed with a minimum inch void space,
preferably at the bottom, to allow for freedom of movement
without affecting the roof or floor above (see attached suggested
detail). All bearing partitions should have their own
foundations. If this is a basement or multi-level type
construction, stairways between floors should not be constructed
as a rigid connection, but should allow for vertical movement of
the floor slab.
Rrainage And gkAsliugi surface grading should be completed in such
a manner that all runoff moisture is removed from the vicinity of
the structure as quickly as possible. Roof downspouts and sill
cocks should be carried across all backfill areas aand allowed to
discharge well away from the building. All lawn sprinkling heads
should be placed at least 10 feet away from the foundation.
Future c.gners of this residence should be advised to fill in any
settled yard areas to eliminate ponding of water near the house
and to provide adequate elope for proper drainage away from the
house and off the site at all times.
rcagkLidli To reduce settlement and aid in keeping water from
reaching beneath this building, all backfill around this building
t1/6
i
•
• 7-40
Mr. Gailen Smith
Lot 2, Cottonwood Hollow Sub.
September 25, 1989
Page 3
should be mechanically compacted to 80% of its maximum Modified
ASTM D--1557, The only exception to this would
beeProctor the components
ty of the perimeterdry foundation drain, if any•
e
backfill should be composed of the native soils
andillould noo is
placed by soaking, Setting or puddling.
in
utility trenches around this structures minimum elow foundation
of oun atioofwalls
should be mechanically compsils
maximum Modified Proctor dry density
ASTM
condD-1557uciveto thegrequired
should be placed at a moisture content
compaction (usually Proctor optimum content 12%.
oType
ta wt y II Cement should be used in all concrete in
,
contact with the aa�.l on this a1Tepe I11Cementl.loride should no
be added to concrete containg Y
Elmdrk8.i The bottoms of all exterior foundations
sar ouldro e
located a minimum of 24 inches below finished grade
protection.
Respectfully submitted,
LINCOLN-DeVORE INC.
By: Edward M. Morris
Engineer/Western Slope Manager
LDTL Sob 471195)
1
Obit A 1
cokDoti 35‘,/.sy
4
(1) A soil end foundation investigationmust be prepared and bear the
seal of a registered, profengineer.
(2) Foundations must be designed by and bear the seal of a_registered,
professional engineer.
(3) A topographic survey nose bethprepared(2) feet a registered surveyor,
with contour intervals of not
(4) Structures must be designed by a licensed architect.
(5) A site grading and drainage plan shall be required.
(6) A detailed plan of retaining wallas or cuts, and fills in excess of five
(5) feet, shall be required.
(7) A detailed revegetation plan shall be required. (A. 80-180)
(8) A satisfactory Perculation'lest to Garfield County
•
06/23/2001 15:12 9709450709
•
5-23-01
Stephen Heinig
90 Cotton Hollow in.
Carbondale, CO 81623
MOUNTAIN CRAFTSMEN PAGE 01
•
RECEIVED MAY 2 3 2441
Garfield County Building and Planning Dept.
Attn: Kit Lyon
1 would like to change the proposal presented to the County
Commissioners on June 11, 2001. I would like to have the option, at a
future date, to change the rental apartment into a two bedroom unit.
Th . nk You
Stephen Heinig
06/23/2001 15:12
TO:
• •
___ COVER PAGE ___
FAX: 3843470
FROM: MOUNTAIN CRAFTSMEN
FAX: 9709450709
TEL: 9709450709
COMMENT:
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3-1-99
Property owners within 200' of lot #2 Cottonwood Hollow Subdivision
Lot #1: Smith, Gaylen B. & Pamela D. 105 Cottonhollow In. PO Box 241, Snowmass,
CO 81654
Lot #3: Forbes, Arthur & Janice, 1493 Cr. 106, Carbondale, CO 81623
Lot #9: Till, Barry C. & Henzel-Till- Jane A. 0206 Cottonhollow Ln. Carbondale. CO
81623
Lot #10: Granite Properties Inc. 0/0 Datel, Priscilla M. 301 Wentworth Blvd. ,
LaFayette, LA 90508
Lot #13: William. Guy F. III , 738 Cr. 113, Carbondale, CO 81623
The Bureau of Land Management, 50629 Hwy, 6&24, Glenwood Springs, CO 81601
1 iliii VIII 1111 11111 nip 11111 1111 1111 •
585330 07/30/2001 04 33P B1273 P205 M ALSDORF
1 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO
6-30-2001
Amendment to the Covenants of Cottonwood Hollow Subdivision
Lot 2 shall be allowed to construct a Rental Apartment, subject to the following conditions:
1) The structure shall be entirely within the existing building envelope. The majority
of the construction shall be beneath the roof of the existing attached garage.
2) The usable living space shall not exceed 800 sq.ft.
3) The unit shall be rented only when the owners are residents as defined by the IRS.
4) Pets are not allowed.
5) Parking for renters will be designated on the plans.
6) Renter occupants shall be limited to a total of three, two of whom may be over 18.
7) Plans shall be submitted to the Architectural Committee for approval.
8) All construction shall be inspected and approved by the Garfield County Building Dept.
1, 5 i7w /-4-1/11/
(print name)
the above Amendment.
�SL)'a• owner of Lot #_ 2—Cottonwood Hollow Su • • ivision, agree to approve
as owner of Lot # Cottonwood Hollo Subdivision, agree to approve
(Signature)
(print
the : bove Amendment.
(Signati
1E111 111 111111 1111111111 131 11111 1111111111111
585330 07/30/2001 04.33P B1273 P206 M ALSDORF
2 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO
•
6-30-2001
Amendment to the Covenants of Cottonwood Hollow Subdivision
Lot 2 shall be allowed to construct a Rental Apartment, subject to the following conditions:
1) The structure shall be entirely within the existing building envelope. The majority
of the construction shall be beneath the roof of the existing attached garage.
2) The usable living space shall not exceed 800 sq.ft.
3) The unit shall be rented only when the owners are residents as defined by the IRS.
4) Pets are not allowed.
5) Parking for renters will be designated on the plans.
6) Renter occupants shall be limited to a total of three, two of whom may be over 18.
7) Plans shall be submitted to the Architectural Committee for approval.
8) All construction shall be inspected and approved by the Garfield County Building Dept.
I , ( la ie Jai/0 r , as owner of Lot # y Cottonwood Hollow Subdivision, agree to approve
(print name)
the above Amendment.
(Signature)
A95 77
J)
, as owner of Lot #_ Cottonwood Hollow Subdivision, agree to approve
(print name)
the above Amendment.
p
(Signature)
111111 IIIII 111111111111111111111 11110 11111 11111111 •
585330 07/30/2001 04:33P 81273 P207 M ALSDORF
3 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO
6-30-2001
Amendment to the Covenants of Cottonwood Hollow Subdivision
Lot 2 shall be allowed to construct a Rental Apartment, subject to the following conditions:
1) The structure shall be entirely within the existing building envelope. The majority
of the construction shall be beneath the roof of the existing attached garage.
2) The usable living space shall not exceed 800 sq.ft.
3) The unit shall be rented only when the owners are residents as defined by the IRS.
4) Pets are not allowed.
5) Parking for renters will be designated on the plans.
6) Renter occupants shall be limited to a total of three, two of whom may be over 18.
7) Plans shall be submitted to the Architectural Committee for approval.
8) Al! construction shall be inspected and approved by the Garfield County Building Dept.
I , 114'
, as owner of Lot # Cottonwood Hollow Subdivision, agree to approve
(print name)
the above Amendment.
X27
(Signature) 4 s -''/`7
I , , as owner of Lot #_ Cottonwood Hollow Subdivision, agree to approve
(print name)
the above Amendment.
(Signature)
11111111111 111111 111111111111111II1111111111111111 •
585330 07/30/2001 04:33P 81273 P208 M ALSDORF
4 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO
6-30-2001
Amendment to the Covenants of Cottonwood Hollow Subdivision
Lot 2 shall be allowed to construct a Rental Apartment, subject to the following conditions:
1) The structure shall be entirely within the existing building envelope. The majority
of the construction shall be beneath the roof of the existing attached garage.
2) The usable living space shall not exceed 800 sq.ft.
3) The unit shall be rented only when the owners are residents as defined by the IRS.
4) Pets are not allowed.
5) Parking for renters will be designated on the plans.
6) Renter occupants shall be limited to a total of three, two of whom may be over 18.
7) Plans shall be submitted to the Architectural Committee for approval.
8) All construction shall be inspected and approved by the Garfield County Building Dept.
, A(11 , as owner of Lot # Cottonwood Hollow Subdivision, agree to approve
(i name)
the above Amendment.
t
(Signature)
Ilir rte, He11 � fl afi owner of Lot # 9 Cottonwood Hollow Subdivision, agree to approve
(print name)
the above Amendment.
(Signature)
1111111 11111 111111 111111 1111 11111 Illi' II 11111 11111111
585330 07/30/2001 04:33P 81273 P209 M ALSDORF
5 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO
•
6-30-2001
Amendment to the Covenants of Cottonwood Hollow Subdivision
Lot 2 shall be allowed to construct a Rental Apartment, subject to the following conditions:
1) The structure shall be entirely within the existing building envelope. The majority
of the construction shall be beneath the roof of the existing attached garage.
2) The usable living space shall not exceed 800 sq.ft.
3) The unit shall be rented only when the owners are residents as defined by the IRS.
4) Pets are not allowed.
5) Parking for renters will be designated on the plans.
6) Renter occupants shall be limited to a total of three, two of whom may be over 18.
7) Plans shall be submitted to the Architectural Committee for approval.
8) All construction shall be inspected and approved by the Garfield County Building Dept.
, ovN, as owner of Lot #11 Cottonwood Hollow Subdivision, agree to approve
(print name)
the above Amendment.
(Signature)
I , , as owner of Lot # Cottonwood Hollow Subdivision, agree to approve
(print name)
the above Amendment.
(Signature)
1111111 IIHI•IIIIII 111111 1111 11111 Illlll f
585330 07/30/2001 04:33P 81273 P210 P1 ALSDORF
IIII
6 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO F
•
6-30-2001
Amendment to the Covenants of Cottonwood Hollow Subdivision
Lot 2 shall be allowed to construct a Rental Apartment, subject to the following conditions:
1) The structure shall be entirely within the existing building envelope. The majority
of the construction shall be beneath the roof of the existing attached garage.
2) The usable living space shall not exceed 800 sq.ft.
3) The unit shall be rented only when the owners are residents as defined by the IRS.
4) Pets are not allowed.
5) Parking for renters will be designated on the plans.
6) Renter occupants shall be limited to a total of three, two of whom may be over 18.
7) Plans shall be submitted to the Architectural Committee for approval.
8) All construction shall be inspected and approved by the Garfield County Building Dept.
1 , AA,,,,,, P a v as owner of Lot # Cottonwood Hollow Subdivision, agree to approve
(print name)
the above Amendment.
(Signature) 4 v `0, t L 1.O
1 ,K 1 A ✓ r' 7SE�� as owner of Lot #
(print name)
the above Amendment.
(Signature)
Cottonwood Hollow Subdivision, agree to approve
IIIIICIIiIIIIIIIIIIIIIIIIIIIIIIIIIIII0IIIIIIIIIIIIII •
585330 07/30/2001 04:33P B1273 P211 M ALSDORF
7 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO
6-30-2001
Amendment to the Covenants of Cottonwood Hollow Subdivision
Lot 2 shall be allowed to construct a Rental Apartment, subject to the following conditions:
1) The structure shall be entirely within the existing building envelope. The majority
of the construction shall be beneath the roof of the existing attached garage.
2) The usable living space shall not exceed 800 sq.ft.
3) The unit shall be rented only when the owners are residents as defined by the IRS.
4) Pets are not allowed.
5) Parking for renters will be designated on the plans.
6) Renter occupants shall be limited to a total of three, two of whom may be over 18.
7) Plans shall be submitted to the Architectural Committee for approval.
8) All construction shall be inspected and approved by the Garfield County Building Dept.
1, -1 4(Nlce 6zic5 , as owner of Lot # Cottonwood Hollow Subdivision, agree to approve
(print name)
!
the above Amendment.
(Signature) <
I, 1 C,Y , as owner of Lot # Cottonwood Hollow Subdivision, agree to approve
(print name)
the above Amendment.
(Signature)
1111111 11111 111111 111111 1111 11111 X1111111
585330 07/30/2001 04:33P 81273 P212 M
LSD RF
8 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO
•
6-30-2001
Amendment to the Covenants of Cottonwood Hollow Subdivision
Lot 2 shall be allowed to construct a Rental Apartment, subject to the following conditions:
1) The structure shall be entirely within the existing building envelope. The majority
of the construction shall be beneath the roof of the existing attached garage.
2) The usable living space shall not exceed 800 sq.ft.
3) The unit shall be rented only when the owners are residents as defined by the IRS.
4) Pets are not allowed.
5) Parking for renters will be designated on the plans.
6) Renter occupants shall be limited to a total of three, two of whom may be over 18.
7) Plans shall be submitted to the Architectural Committee for approval.
8) All construction shall be inspected and approved by the Garfield County Building Dept.
1, PR t °/ �� ( fl/JQas ower of Lot # 6' Cottonwood Hollow Subdivision, agree to approve
(Int name)
the above Amendment. l 7r,
(Signature). 'tee, %• .6,
, as owner of Lot # Cottonwood Hollow Subdivision, agree to approve
(pant name)
the above Amendment.
(Signature)
DEC -21-2021 1422 1,;.
bU-Th AD 419 P
FAX Transmittal
Te: Kit Lyon
Cream Garfield County Planning Department
Ram 970-625-0908
Date: December 21, 2001
Total Pages: 6
SE Prefnct Ne. 21183.01
Rent Paul Rutledge and Yancy Nichol
Ressa*e:
G Original not to ioflow
• Original to follow by mail
0 Original to be delivered by messenger
0 Original to be picked up
RECEIVED
DEC 2 6 2001
502 main street • suite A3 • Carbondale, CO 81623 • (970) 704-0311 • fax (970) 704-0313
S0PR1S ENGINEERING • LLC civ;i consultants
DEC -21-2901 1422
• •
L
Stephen Heinig
Heinig Residence
0090 Cotton Hollow, Lane
Carbondale, CO 8123
P,02
December 17, 20011
REcE� u
DEC 2 6 am
RE: Heinig Residence — Existing ISDS System, 0090 Cotton Hollow Lane, Carbondale,
Garfield County, CO
SE Job No. 21183.01.
Dear Mr. tieing.
Pursuant to your request, attached herewith is a letter/report presenting our findings in regard to our
evaluation of the adequate size and design of an existing Individual Sewage Disposal System (ISDS) at the
above referenced Site. Our opinion is based on aur evaluation of the site conditions with information
provided by you for use in supporting your application to the Garfield County. This evaluation is pursuant
to Condition 4, listed in. Garfield County Resolution 2001-48, concerning the approval of the Hcinig
Special Use Permit Application. Our opinions and recommendations are in accordance with Garfield
County and the State of Colorado ISDS Regulations. The Garfield County must permit any proposed
improvement to the site. We have reviewed the information forwarded to us, evaluated the existing ISDS
design and have presented recommendations for the upgrade of the system to accommodate a total of 5
bedrooms as a part of our scope of work.
Conclusions:
Based on our findings we believe that the design of the existing approved ISDS system is adequate to serve
the needs of a total of 4 bedrooms in accordance with the Regulations of Garfield County and the State of
Colorado. In addition we believe that the design and installation of a proposed upgrade/retrofit to the
existing approved 1SDS system, to serve the needs of a total of 5 bedrooms, is feasible in accordance with
the Regulations of Garfield County and the State of Colorado. The existing septic system is currently in
use and adequately functioning to serve the needs of a total of 4 bedrooms. Therefore we recommend that
its use continue to accept wastewater from the existing 3-bedr000rn single-family unit and that it be
utilized to accept wastewater from the second dwelling unit. The second dwelling unit would need to be
limited to a single bedroom with no more than 2 persons in residence. We recommend the installation of
an Orenco System Effluent Filter at the outlet in the secondary chamber of the existing Septic tank.
The future addition of a second bedroom in the second dwelling unit wilt require a sizing upgrade/retrofit
to the existing system. We recommend that an additional concrete tank with a minimum volume of 250
gallons be installed in series with the existing septic tank. The tanks will discharge effluent to an
approximate 420 square foot expanded soil absorption system to serve a future second bedroom, if
proposed, along with the current proposed new 1 -bedroom addition and the existing 3 -bedroom house.
The addition soil absorption leaching chambers can be installed in natural soils. The addition soil
absorption area will meet all required setbacks and be installed adjacent to the existing absorption field in a
separate trench configuration. Approximately 6 new chambers will be required for the additional area.
Our Evaluation/Design calculations are outlined below.
502 Main Street • Suite A3 • Carbondale, 00 81623 • (970) 704-0311 • Fax (970) 704-03
13
SOPRIS EH$1NEEIINC • LLC civil consultants
DEC -21-2001 14:23 P.03
• •
Stephen Heinig
SE Job No, 21183.01
December 17, 2001
Page 2
Site Location:
The subject site is located at 0090 Cotton Hollow Lane, Lot 2 in the Cottonwood Hollow Subdivision,
adjacent to the south side of County Road 113, in Garfield County, Colorado. The site is situated in
Section 14, T 7 S, R 88 W of the 6th P.M. The Site comprises approximately 5 acres.
Existing Site Conditions:
The site includes a 3 -bedroom house with an attached garage structure. An existing permitted ISDS system
designed to serve a total of 4 bedrooms was constructed in June, 1993. The RSDS includes a 1250 gallon
septic tank and approximately 325 SF (21 leaching chambers) of absorption area in an assumed bed
configuration. The site has a general slope toward the South. Domestic water is supplied by an existing
registered well in excess of 100 feet from the closest point of the absorption field.
t'roDosed Site Coediti�ns:
It is our understanding that you intend to construct a second residential dwelling unit up to 1.000 S.F.,
above the existing garage. The wastewater drainage from this new facility will be discharged to the
existing ISDS. Current development plans propose that the second dwelling unit shall be limited to a
single bedroom with no more than 2 persons in residence. The tank and field size is adequate for this
usage without an upgrade to the system. See attached floor plan currently proposed.
The addition of a second bedroom in the second dwelling unit will require a sizing upgrade/retrofit to the
existing system. The proposed improvements will include a additional concrete tank, with a minimum
volume of 250 gallons, to be installed in series with the existing septic tank and additional soil absorption
leaching chambers to serve the needs of an equivalent 5 -bedroom house. We recommend that any new
additional absorption area, if proposed in the future be installed in a trench configuration. We recommend
the installation of an Orenco System Effluent Filter at the outlet in the secondary chamber of the existing
Septic tank or in the additional tank if required.
Subsurface Conditions:
A subsurface investigation and percolation test was conducted on May 28, 1993 by Don Owens of Garfield
County. The results are including in the existing ISDS permit. Groundwater was not encountered to a
depth of 10 feet in the profile boring. Percolation testing utilized three test holes, which yielded similar
absorption rates. The average percolation rate is 7 minutes per inch and is suitable for a conventional
absorption system.
Existing ISDS
The site includes an existing 3 -bedroom house with an existing ISDS system utilizing a 1250 -gallon septic
tank and a leaching chamber absorption bed consisting of 21 chamber in 4 rows of 5 and 1 row of 1. The
existing system was permitted by Garfield County on June 14,1993 (Permit No. 2075). The system is
reported to be adequately functioning.
DEC -21-2001 14:24
• •
P.05
Stephen Heinig
SE Job No. 21183.01
December 17, 2001
Page 4
For a bed configuration assume a 30% area reduction.
Assume 15.5 S.F. per leaching chamber.
This equation will give a recommended minimum absorption area:
A = = 1125 *(7) = 595 S.F. 595 sq. ft (0.70) = 416 S.F = 27
5 15.5 S.F/chamber
Install a minimum of 6 additional leaching chambers in a separate trench configuration and 2.50 gallon of
additional septic tank storage.
Svsteu1 Recommendations
An effluent filter should be installed in the secondary compartment of the septic tank or in the additional
septic tank to reduce the biological loading to the absorption trenches and extend the life of the treatment
media in the absorption field. The effluent will be distributed from a new distribution box if an upgrade is
desired to the system. No garbage disposal systems are currently installed and we discourage there use
with the existing ISDS.
Our evaluation and recommendations are based upon data you supplied to us. If subsurface or site
conditions are found to be different from those presented in this report, we should be notified to evaluate
the effect it may have on the existing and/or proposed upgrade ISDS. If the County Environmental Health
Department requests changes or modifications to the system, we should be contacted to evaluate the effect
on our evaluation.
If you have any question or need any additional information, please call.
Sincerely,
SOPRIS ENGINEERING, LLC
Paul E. Rutledge
Des
TOTAL P.
PEC -21-2001 14:24
•
P.c34
Stephen Heinig
SE Job No. 21183.01
December 17, 2001
Page 3
The absorption system was sized based on 167 sq. ft of absorption area per bedroom, per documentation on
the permit, A gravelless absorption bed with 21 leaching chambers was permitted.
Therefore the absorption field is calculated as follows:
A = 4 bedrooms x 167 sq. ft. = 687 sq. ft absorption arca with reduction to use 21 chambers.
Bedroom
Existing ISDS Analysij
The design flow for the existing system is based on a four-bedroom house.
From the State of Colorado 1. S. D. S. Regulations;
Average daily flow (Q) _ # of people x gal/person/day (avg. flow)
Existing Design flow (Qd) = # of people x gal/person/day x 1.5 (peaking factor) = gal/day
Maximum number of people is assumed to be 8 people.
Gallons per day for residential - 75 gallpersoniday
Qd = 4 x 2 x 75 x 1.5 el 900 aa1/day
The existing absorption Meld system is adequate to serve the needs of a 4 -bedroom flow equivalent.
Based upon the previous percolation test rates, the standard absorption area equation yields:
A (SF) = 0 *(t) : where A = Area; Q = flow (gal/day)
5 t = time in minutes
For a bed configuration assume a 30.% area reduction.
Assume 15.5 S.F. per leaching chamber.
This equation will give a recomrnended minimum absorption area:
A = = 900 *(7) � = 476 S.F. 476 sq. ft (0.70) = 333 S.F = 21 OK existing area has 21 chambers.
5 15.5 S.F/chamber
Proposed ISDS Analvsis
The design flow for the upgraded/retrofitted system is based on an equivalent five -bedroom house.
From the State of Colorado 1. S. D. S. Regulations;
Average daily flow (Q) = # of people x gal/person/day (avg. flow)
Max. Design flow (Qmax) = # of people x gal/person/day x 1.5 (peaking factor) = gal/day
Maximum number of people is assumed to he 10 people.
Gallons per day for residential = 75 gal/person/day
Qmax=5x2x75x 1.5= 1125 gal/day
The Proposed absorption field system will serve the needs of the five -bedroom flow equivalent from the 2
dwelling units. Based upon the previous percolation test rates, the standard absorption area equation is:
A (SF) = 0 *(t) ,: : where A = Area; Q = flow (gal/day)
5 t = time in minutes
•4, J,L1 ayuL &Ai --
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DECLARATION OF COVENANTS, , , S--6.--
CONDITIONS
CONDITIONS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
("Declaration") is made this JSI-day of September, 2001, by the owners of Lots 2, 3, 5, 8, 9 and
11 of the Cottonwood Ilollow Subdivision located in Garfield County Colorado as those owners
are described below, referred to hereinafter as "Owners," whose legal address is shown below.
WHEREAS, Owners are the owner of lots of real property situated in the County of
Garfield, State of Colorado, more particularly described and depicted as Lots 2, 3, 5, 8, 9 and 11
Cottonwood Ilollow Subdivision as shown on that final plat recorded with the Garfield County
Clerk and Recorder at Reception No. 35(c 1 14 , and identified by name below; and
WHEREAS, Owners have entered into certain agreement for the purchase of water from
the Carbondale Land Development Company and the Basalt Water Conservancy District and
obtained a final decree of the Water Court, Water Division No. 5, for said additional water in
Case No. OOCWV 136; and
WHEREAS, it is th purpose and intent of this Declaration to subject each and all of the
lots named herein to the covenants, conditions and restrictions hereinafter set forth, for the
mutual benefit of all the Owners, and fbr the benefit of their respective heirs, descendants,
executors, successors, assigns, grantees, mortgagees and tenants.
1.):7
NOW T1-iEREFORE, Owners hereby make, declare and establish the following
WI Scovenants, conditions and restrictions (the "Covenants") that shall apply to all of the lots
described also known as Lots 2, 3, 5, 8, 9 and 11 of the Cottonwood Hollow Subdivision. From
this day forward, said lots shall he held, sold and conveyed subject to these Covenants.
1. Ilomeowners Association. The owners of all lots described herein are required to
he a member and participate as a part o[ ttonwood Six Homeowners Association. The
Cottonwood Six I-Tomeowners Associati �e an Unincorporated Home owners Association
created pursuant to section 7-30-101 et. -.q. C.R.S. 1999 or incorporated nonprofit association.
The home owners Association may prepare and adopt Rules and Regulations as it believes
necessary to implement, enforce and Carry out these covenants and perform other duties and
obligations as it may deem appropriate and necessary.
2. Purpose of IIOA. In addition to the Water Augmentation Plan for the Cottonwood
Hollow Subdivision as decreed to Case No. 80CW359 the Cottonwood Six have obtained a
water decree to allow for certain additional uses of water for their lots. This Declaration only
applies to the uses as decreed in Case No. OOCW 136 and does not prohibit or other wise affect
the uses of the same wells and of other wells decreed in Case No. 80CW359 as may be amended
in Case No 00CW036 or subsequent cases.
3. Decreed Uses. In Case No. 00OW136 water has been approved for:
• •
Declaration of Covenants, Conditions & Restrictions
Cottonwood Six
Page 2
(a)
one (1) caretaker or additional unit upon each lot, including 2500 square
feet of irrigated area;
(b) Lots 8, 9 and 11 are also approved for a pond to be constructed on such
lot. The pond size, surface area, shall not exceed 1500 square feet each on
Lots 8 and 9 and 2000 square feet on Lot 11
(c) Lots 2 and 11 shall have additional lawn irrigation of 2500 square feet
each.
4. Ownership and Use of Wells and Appurtenant Facilities. The Cottonwood Six
Homeowners Association will own the water rights decreed to Case No. 00CW136 and the
augmentation water supply contracts with BWCD and CLDC for the benefit of the owners of all
Lots. "I'he individual lot owners shall own his individual well, the permit therefore, the pump
and pipelines which service their property and any individual storage tank and pipelines, the
pond and pond water rights each has individually decreed.
5. Operation, Maintenance and Repair Costs. All operation, maintenance,
replacement and repair costs associated with any well, the pump, meter, storage tank and
associated facilities for the withdrawal of water from the wells or from any pond shall be the sole
responsibility of the Lot Owner such services. The Homeowners Association shall not be
responsible to pay any of the costs of any maintenance, operation, repair, replacement, or
improvement of any facility other than the cost of the contracts.
6. Basalt Water Conservancy District and CLDC Contracts. A Basalt Water
Conservancy District (BWCD) Contract and a Carbondale Land Development Company
Contract (CLDC) has been obtained and is in full force and effect providing augmentation water
for the use of the six wells for uses as set forth in Case No. 00CW136. The Homeowners
Association shall pay all costs of said contracts on an annual basis and shall abide by the terms
and conditions of said contract. The contracts shall be owned by the Homeowners Association.
All owners shall be required to pay their pro rata share regardless of water use.
7. Use of Water. Owners shall be entitled to use water from its respective well for the
purposes as set forth in the final decree entered in Case No. 000W136. No Owner shall waste water
or do anything that would jeopardize the Homeowners association or the other Owners ability to use
water as decreed in Case No. 00CW136, and each owner shall exercise prudence and conservation
in the use of water in order to allow for the efficient and beneficial use of the Well.
8. Payment of Common Expenses. Each lot owner- shall pay its proportionate share of
common expenses within 30 days from the time a statement of expenses is presented for payment.
In the event an lot owner fails to pay its share within 60 days of presentment, interest on the unpaid
amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a
party fails to pay any amounts due with interest thereon, within six months from the date of
Cottonwood Six -Covenants -1
September 10, 2001
• •
Declaration of Covenants, Conditions Sr. Restrictions
Cottonwood Six
Page 3
presentment for payment, the lot owner which has paid such costs and expenses shall be entitled to
pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled
to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection.
Other enforcement remedies may be taken by the 1lomcowners Association as allowed of by law
and any duly adopted homeowners association documents.
9. Enforcement. The 1Ionleowners Association described herein shall have the right
to prosecute any action for injunctive relief and for damages by reason of any violation or
threatened violation of these Covenants. The prevailing party in any such action shall be entitled
to an award of its reasonable costs and attorneys' fees, which shall be deemed to have accrued on
the commencement of such action and shall be enforceable whether such action is prosecuted to
judgment or not.
10. Amendment of Covenants. These Covenants may not be modified, amended,
rescinded, cancelled or tcrnlinated, in whole or -in part, except upon the written consent of the
owners of a majority of the lots affected by these covenants. Such consent shall not be
unreasonably withheld by alipy owner and shall be set forth in a written instrument recorded in the
office of the Clerk and Recorder for Garfield County, Colorado. for this purpose, the holders of
the majority of the lots shall mean the owners of at least 4 (four) of the 6 (six) lots described
herein .
11. Duration of Covenants. Unless otherwise cancelled and/or terminated in
accordance with the terms of these Covenants, these Covenants and any amendments hereto,
shall remain in effect in perpetuity.
12. Applicability. These Covenants shall run with and burden the land described in
Exhibit A, and shall he binding upon all persons or entities having any right, title or interest in all
or any portion of the lots therein, including Owners, their successors, assigns, descendants,
tenants, employees, guests and invitees. These Covenants shall inure to and are imposed for llie
benefit of all present and future owners of the named lots.
13. Severability. The invalit ation of any portion of these Covenants by judgment,
court order or otherwise shall not. affect the validity of any of the other- provisions herein.
14. Interpretation. The headings for the paragraphs herein are for reference only and
are riot part of , and shall not define, limit, amplify, change or alter any term, covenant or
condition herein. For the purposes of these Covenants, the neuter gender includes the feminine
or masculine, and the singular number includes the plural, and the word "person" includes a
natural person as well as any legal and/or statutory entity. No failure to enforce any right
established in these Covenants shall be deemed a waiver of a subsequent enforcement of such
right. These Covenants shall be construed so as to give validity to all of its provisions. 11 is not
the intent of the Declarant to create or establish hereby a common interest community lllnler
Cnilotivcn. d Six -Covenants -1
September 10, 1001
Declaration of Covenants, Conditions & Restrictions
Cottonwood Six
I'age 5
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
OWNERS OF LOT 5
Russell Fritz and Pam (Beltramo) Fritz
4972 County Road 113
Carbondale, CO 81623
By
By
Acknowledged, subscribed, and sworn to before me this day of September, 2001, by Russell
Fritz and Pam Fritz. WITNESS nay band and official seal. My Commission expires:
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
Notary Public
OWNERS OF LOT 8
Marc and Erin Bassett
0202 Cotton Hollow Lane
Carbondale) CO 81623„
By r 'tits /I -
By 4Ar4
Acknowledged, subscribed, and sworn to before nye this Y3 day of September, 2001, by Marc and
Erin Bassett. WITNESS my hapd and official seal. My Commission expires:
Notary Public
Cotton vorxl Six-Covemmuts-1
September 10, 2001
DIANE
: WARINNER
.,;,p CO"
My Commission Expires 09/11/2004
•
Declaration of ('nvenanls, Conditions IZesliictions
(_'olloii vood Six
Page 6
OWNERS OF LOT 9
Barry and :ice Till
0206 Cotton l Iollow Lane
Carbondale, CO 81623
By ki)a6vi
13y
STATE OF COLORADO )
) ss.
COUNTY OF G.ARFIELD )
. \.x`„.06 `1ln1l7/,—/,,, n..
Acknow'edged, subscribed, and sworn to before me this day oC Je ly-,, V.00 '15s, �`�
I3r rry Till. WITNESS my hand and official sejlf. My Co li issihu exhitcs .
moi,
C..
II a , ,,
-,
Notary I ubl
OWNERS OF LOT 1 1
Allen M. and Tri I larrelson
0168 Cotton Hollow Lane
Carbondale, CO 81623
I3y
I3y
STATE OF COLORADO )
) ss.
COUNTY OF CCARFIELD )
Acknowledged, subscribed, and Sworn to before me this day of July, 2001, by Allen
1\ 1. and Teri Harrelson. WITNESS City hand and official seal. My Commission expires:
Notary Public
(ollnnwood Six-(ovcnanls-1
()doper 5, 2001
1)eclatarion of ('ovenanls, ('ontlilions & !testiicrions
Cottonwood Six ..� t;_rtr,
Page 64 1Z' `'U
11
11r JILL R.
WEN TLING
-z.... OF
„jv Commission Expires
0612212005
STATE OF COLORADO
) ss.
('OIINTY C)1 (010'1ELD
OWNERS OF LOT 9
l3arry and Jane Till
0206 Colton Hollow Lane
Carbondale, CO 81623
Fay
13y
Acknowledged, subscribed, and sworn to before nie this//Z(lay of—.fitly; 2001, by Jane ji / /.
and t s s X11. WITNESS my bared and official seal. My Commission expires:
ST'A'TE OF (_'OLORA11)O
) ss.
COUNTY OF GARFIELD
NOVj Public
OWNERS OF LOT 11
Allen M. and Teri I larrelson
0168 Cotton 1 Iollow Lane
Carbondale, CO 81623
13y
13y
Acknowledged, subscribed, and sworn to before me this day of July, 2001, by Allen
M. and Teri Harrelson. WITNESS my hand and official seal. My Commission expires:
Notary Public
('nW+mcni)(l ,Sir-(;uvenants-1
(1cln6cr 5. 2001
•
Declaration of Covenants, Conditions & Restrictions
Cottonwood Six
Page 4
Colorado law, including but not limited to Article 33.3 of Title 38 of the Colorado Revised
Statutes, as may be amended.
IN WITNESS WHEREOF, the Owners have executed this Declaration of Covenants,
Conditions and Restrictions on the date first written above.
OWNERS OF an 2
Stephen M. Heinig and Karen Ann Olson
090 Cotton Hollow Lane
Carbondale,/ O 816
13y
13y
STATE OF COLORADO )
) ss.
COI 1NTY OF GARFIELD )
Acknowledged, subscribed, and sworn to before me this .:5 day of September 2001, by Stephen , �n
M. Iieinig and Karen Ann Olson. WITNESS my hand and official seal. My Commission expires;,�'
Notary Public
DIANE
17APINNF_R
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
OWNERS OF LOT 3
Arthur O. and Janice K. Forbes
1493 County Road 106
Carbondale, CO 81623
By
By
Acknowledged, subscribed, and sworn to before me this day of September, 2001, by Arthur O.
and Janice K. Forbes. WITNESS my hand and official seal. My Commission expires:
Notary Public
('ntlnnwcn,d Six -('revenants -1
Oclnhrl 5, 2(101
•
Declaration of Covenants, Conditions & IZestriclions
('oltonwood Six
Page 4
Colorado law, including but not limited to Article 33.3 of Title 38 of the Colorado Revised
Statutes, as may be amended.
IN WITNESS WHEREOF, the Owners have executed this Declaration of Covenants,
Conditions and Restrictions on the date first written above.
OWNURS OF LOT 2
Stephen M. Ileinig and Karen Ann Olson
090 Cotton hollow Lane
Carbondale, CO 81623
By
By
STATE OF COLORADO I )
) ss.
COUNTY OF GARFIELD )
Acknowledged, subscribed, and sworn to before me this _ day of September 2001, by Stephen
M. Ileinig and Karen Ann Olson. WITNFSS my hand and official seal. My Commission expires:
STATL OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Notary Public
OWNERS OF LOT 3
Arthur O. and Janice K.
1493 County Road 106
Carbondale, CO 81623
("1
By ��"(i
Forbes
i1
Acknowledged, subscribed, and sworn to before me this day of September; 2001, by Arthur O.
and Janice K. Forbes. WITNESS my hand and official seal. My Comrniss;
cottonwood Sir -Covenants -1
November 7, 2001
Notary Public
My Commission Expires 09/11/2004
• •
Decimation or(:ovenanls, Conditions & Reslriclions
Cottonwood Six
Page 5
STATE OF COLORADO
COUNTY OF GARFIELD
)ss.
OWNERS OF LOT 5
Russell Fritz and Pant (Beltranlo) Fritz
4972 County Road 113
Carbondale, CO 81623
By (-it �r
t
13y (% f vim'
Acknowledged, subscribed, and sworn to before rtie this
Fritz and Pan! Fritz. WITNESS my hand and
-f iyCuinmission xpire
11/16/2002
STA"I F OF COLORADO )
) ss.
COUNTY OF GARFIELD )
day ofn, 2001, by Russell
ot�Flcial seal. My Co emission expires:
OWNERS OF LOT 8
Marc and Erin Bassett
0202. Colton I follow Lane
Carbondale, CO 81623
By
By
Acknowledged, subscribed, and sworn to before nye this day of September, 2001, by Marc and
Erin Bassett. WITNESS my hand and official seal. My Commission expires:
Notary Public
(.ollnn woncI .Six ( 'cn:uils-I
Oclohci 5, 2001
•
•
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) ss.
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•
DECLARATION OF PROTECTIVE COVENANTS
FOR COTTONWOOD HOLLOW SUBDIVISION
WHEREAS, GAILEN B. SMITH and PAMELA D. SMITH (Declarants)
are the owners of the real property described in Exhibit "A"
attached hereto and incorporated herein by this reference, which
property is situated in the Cattle Creek area, Garfield County,
State of Colorado, described as the Cottonwood Hollow
Subdivision, as the same appears on the Final Plat filed for
record on , 1984 in the office of the Clerk and
Recorder, Garfield County, Colorado; and
WHEREAS, Declarants, being desirous of protecting property
values and protecting the health, convenience and welfare of the
owners of the lots in the Subdivision do hereby make, establish,
publish, declare and impose the following restrictive and protec-
tive covenants, conditions, uses, limitations and obligations;
and which covenants shall apply to all persons who now own or may
hereafter acquire an interest in any portion of the Subdivision
and all of which covenants shall be deemed to run with the title
of the land and inure to the benefit of and be binding upon the
Owner and the Owner's successors in interest in title to the
Subdivision or any portion thereof, so long as these restrictive
and protective covenants shall remain in force.
1.0 DEFINITIONS. As used in these Protective Covenants, the
following words and terms shall have the following meanings:
1.1 Subdivision shall mean Cottonwood Hollow Subdivision.
1.2 HOA shall mean Cottonwood Hollow Homeowners' Associa-
tion.
1.3 ACC shall mean the Architectural Control Committee
for the Subdivision.
1.4 Lot shall mean any lot, tract or parcel of land in
the Subdivision.
1.5 Unit shall mean a residential dwelling unit.
1.6 Owner shall mean the owner of a lot or unit in the
Subdivision.
2.0 HOMEOWNERS' ASSOCIATION.
2.1 Homeowners' Association. Any and all owners of lots
in the Sudivision upon accepting a deed for that property agree
1
• •
to and shall be a member of, and be subject to, the obligations
and duly enacted bylaws and rules of the Cottonwood Hollow
Homeowners' Association. Voting in the Association shall be on
the basis of one 1.ot, one vote.
The purposes for which this corporation shall be organized
are as follows:
A. To perform such architectural control, review and
planning duties and to enforce protective covenants, limita-
tions and restrictions governing the use and occupancy of
lands, and the construction and alteration of structures and
improvements upon the land.
B. To establish, maintain and enforce all necessary
and reasonable rules and regulations concerning the use of
all land and interest in land or property and property
rights owned, managed, or held by the Association and
members thereof.
C. To charge and collect such fees as may be set by
the Board of Directors for the use of facilities, properties
owned or operated by the Association, and its cost, assess-
ments, and fees will be made by the Association and payment
of the same shall be mandatory by the property owners within
the Subdivision. Such assessment shall become a lien on the
property to the extent not paid upon the recordation of a
Notice of Delinquent Assessment duly signed by the President
or Secretary of the Association. The Association shall have
the right to recover its reasonable attorney's fees, Court
costs and any other collection costs, in any legal
proceeding concerning delinquent assessments, or otherwise
pertaining to violations of these covenants.
2.2 Individual Septic Systems. It will be the responsi-
bility of the HOA to ensure proper maintenance of individual
septic systems. The program should include the annual inspection
and pumping of a system as necessary. Any and all expenditure
for pumping and maintenance of the septic system will be the sole
responsibility of the owner.
2.3 Maintenance of Cottonwood Hollow Lane. Road mainte-
nance and repair of the cul-de-sac, as well as snow removal,
shall be the responsibility of the HOA. The payment of such
upkeep shall be divided in a fair and equitable manner by the
owners of lots served by the cul-de-sac.
2.4 Plan of Augmentation. Each lot owner shall comply
with and be subject to the terms and conditions of the Plan of
Augmentation and any water rights under which any individual well
2
• •
is operated. Amendments to the Plan of Augmentation for Cotton-
wood Hollow Subdivision must be approved by the HOA. The HOA
shall then make Application to the Water Court. The HOA shall
not be held liable for any result of said Application, and the
lot owner shall reimburse the HOA for all cost and attorney's
fees in processing the Application.
3.0 EASEMENTS AND RIGHTS-OF-WAY.
3.1 Easements and rights-of-way for roads, driveways,
electricity, phone, lighting and any other kinds of public or
quasi -public utility service are reserved as shown on Exhibit
"A". No permanent barriers shall be erected or maintained on,
across, or within the areas reserved for easements or
rights-of-way, and access shall be provided as required.
3.2 Utility Lines. No new power lines, phone lines or
television cable shall be permitted unless said lines are. buried
underground and out of sight from the transformer pole to the
structure, at the owner's expense.
3.3 Utility Easements. The existing fifteen (15) foot
wide utility easement shown on Exhibit "A" shall remain as
granted to Holy Cross Electric Association prior to the recording
of the Cottonwood Hollow Subdivision Final Plat, except that it
shall include, but not be limited to, telephone and cable televi-
sion lines. All new twenty (20) foot wide utility easements
shown on Exhibit "A" shall include, but not be limited to, elec-
tric power, telephone and cable television lines. Guy wires and
anchors may be located outside all easements with the approval of
the HOA. In the event that any new line cannot be located within
the easements as shown on Exhibit "A", the resulting easements
shall be so described in a metes and bounds description and
recorded with the Garfield County Clerk and Recorder. The loca-
tion of transformer poles providing service to each lot shall be
approved by the HOA.
4.0 MAINTENANCE OF PROPERTY.
4.1 The owner of each lot shall keep the same clear and
free of rubbish and trash and shall keep the structures thereon
in good repair, doing such maintenance as may be required for the
property.
4.2 No noxious or offensive conduct or activity shall be
carried on upon any lot or in any structure thereon which may
constitute a health hazard, nuisance or annoyance to the neighbor-
hood.
4.3 Clotheslines, equipment., garbage cans, service yards,
woodpiles, or storage areas shall be adequately screened by plant-
ing or construction to conceal the same from neighboring lots and
streets.
3
• •
4.4 The outside burning of trash, rubbish or other
materials shall be absolutely prohibited. Standard and approved
outdoor fireplaces shall be allowed for the preparation of
foodstuffs and heating only.
5.0 USE OF LOTS. Each lot owner shall comply with the
Garfield County Subdivision Regulations and the Garfield County
Zoning Regulations. These aforementioned regulations shall
govern the allowable use of the lot and designate any and all
restrictions of the land.
6.0 RESUBDIVISION PROHIBITED. The resubdivision of a lot is
prohibited; however, the combining of lots into one lot shall be
allowed, provided that the number of dwelling units on said new
lot does not exceed the number of dwelling units -approved for the
separate lots before the single lot was created, and if approved
by Garfield County.
7.0 ARCHITECTURAL CONTROL COMMITTEE.
7.1 Committee. The Architectural Control Committee (ACC)
shall consist of three members who shall be initially designated
by the owner, for an initial term of ten (10) years. Thereafter
the terms shall be for five (5) years each and the members of the
ACC shall be appointed by the HOA, subject to the requirement
that they are a member of the HOA.
7.2 ACC Authority. The ACC shall have the responsibility
and authority to review, study, make recommendations and sugges-
tions for changes to, and approve or reject proposed improvements
within the area described in the plat map of the Subdivision, of
which these restrictive and protective covenants are made a part.
7.3 Rules. The ACC shall make such rules and by-laws and
adopt such procedures as it may deem appropriate to govern its
proceedings.
7.4 Approval of Plans. No building, landscaping, parking
or vehicular driveway, fence, wall or other improvement shall be
constructed, erected, altered or added to, on any lot until build-
ing plans and site plans and specifications showing color, loca-
tion, materials, landscaping, and such other information relating
to such improvements as the ACC may reasonably require shall have
been submitted to and approved by the ACC in writing. The owner
shall not forward any notice of approval of such plans to a plan-
ning, zoning, or building department of Garfield County until
such time as the ACC has completed its final review and approval
of such plans.
7.5 Criteria. In approving such plans and specifica-
tions, the ACC shall consider:
4
• •
7.5.1 The suitability of the improvements and materials
which are to be constructed on the site considering
the location;
7.5.2 The nature of adjacent and neighboring improvements;
7.5.3 The quality of the materials to be utilized in any
proposed improvements;
7.5.4 The effect of any proposed improvement on the
viewplain of any adjacent or neighboring property;
7.5.5. The soil review for the site upon which any building
is to be constructed and the results of soil tests
for the particular site;
7.5.6 A drainage plan for the particular site and the
effect of such drainage plan upon the overall subdi-
vision drainage plan; and
7.5.7 The landscaping plan for a particular site which
shall include designated parking and drive areas.
7.6 Effect of the ACC's Failure To Act. In the event the
ACC fails to approve or disapprove plans and specifications
submitted to it within sixty (60) days of submission and no suit
to enjoin the construction has been commenced prior to the comple-
tion thereof, approval shall not be required and the related
covenants shall be determined to be fully complied with.
7.7 Liability of ACC. The ACC shall not be liable in
damages to any person submitting requests for approval or to any
lot owner by reason of any action, failure to act, approval,
disapproval, or failure to approve or disapprove with regard to
such requests.
8.0 STRUCTURES IN THE SUBDIVISION. All structures in the
Subdivision shall be designed to blend into and complement the
natural surroundings.
8.1 No more than one (1) single family dwelling shall be
erected upon any lot. Two (2) detached outbuildings used as a
garage, stable, barn, and/or shed are permitted if approved by
the ACC.
8.2 All structures to be built on any single lot shall be
within the designated and platted building envelope, with the
exception of non -inhabitable outbuildings which may be sited
outside of the building envelope with ACC approval.
8.3 The mininum size of each single-family structure shall
be not less than 1200 square feet of floor area, exclusive of
open porches, garages and carport.
5
• •
8.4 No structure shall be permitted on any lot which
exceeds twenty-five (25) feet in height from the highest natural
finished grade line immediately adjoining the foundation or
structure. No radio, short wave or television antenna over five
(5) feet above the highest roof line shall be permitted unless
approved by the ACC.
8.5 No structure shall be erected by means of other than
new construction, it being the purpose of this covenant to insure
that old buildings will not be moved from previous locations and
placed upon a lot.
8.6 All structures shall have exterior materials of either
brick, stone, stucco, lumber, or a combination thereof. Exposed
cinderblock and concrete block shall not be allowed unless
approved by the ACC. Exposed concrete foundation walls should
either be clad with a siding material or screened from public
view with landscaping. Metal roofing is permitted provided it
is of an earthtone or natural green color.
8.7 Each structure shall be completed within one (1) year
from date of commencement of construction.
8.8 No structure of a temporary character, trailer, base-
ment, tent, shack, garage, barn or any other outbuildings of any
description shall he used on any lot except on a temporary basis,
not exceeding six (6) months, by the construction company
constructing a structure on a lot.
8.9 Landscaping shall blend with natural vegetation. No
living tree shall be removed or cut down without approval of the
ACC. All areas cut, filled, or disturbed by any construction or
other activity shall be fully restored and landscaped.
9.0 FENCES. Architectural screen fences, limited to six (6)
feet above ground level and constructed of natural wood, are
allowed, providing they are located within the buildng envelope
and approved by the ACC. All other fencing shall be open, wood
post and wood rail, or wood post and plain wire (no barbed wire
shall be permitted). Fences shall be constructed no higher than
forty-two (42) inches high, preferably with a solid wood top
rail. Under no circumstances shall a fence cross Cattle Creek.
10.0 ANIMALS.
10.1 The grazing of livestock shall occur only in fenced
pasture area capable of supporting grazing. Animals are
restricted from grazing during non -growing seasons. A maximum of
four (4) horses per lot shall be allowed, except on the lots not
6
• •
capable of supporting livestock, those being 5, 6, 10, 12 and 13.
Paddock areas should be located on relatively flat ground and
constructed as herein provided..
10.2 Domestic animals must be kept within the boundary of
the lot of the owner. Dogs shall not be allowed to run loose.
They shall be fenced, chained, or housed.
10.3 Lots must be kept clean, sanitary and reasonably free
from refuse, insects and waste at all times.
10.4 No hunting, shooting, trapping or otherwise killing or
harming of wildlife shall be permitted.
11.0. EFFECT AND DURATION OF COVENANTS. These covenants run
with the land and shall be binding upon all. parties and all
persons claiming under them until January 1, 2000, at which time
said covenants shall be automatically extended for successive
periods of ten (10) years unless by vote reflected by signed
documents duly recorded by the majority of then owners it is
agreed to change said covenants in whole or in part.
12.0 ENFORCEMENT.
12.1 Procedure for Enforcement. If any person shall
violate or threaten to violate any of the provisions of these
covenants, Owner or his successors or assigns, or any owner of
real property in the Subdivision may, but without obligation to
do so, enforce the provisions of the instrument by:
12.1.1 Entering upon the property where the violation or
threatened violation exists and removing, remedying
and abating the violation; such self-help shall be
exercised after having given fifteen (15) days prior
written notice to the owner or owners of the proper-
ty upon which the violation exists and provided the
owner shall have failed within such time to take
such action as may be necessary to conform to the
covenants; or
12.1.2 Instituting such proceedings at law or in equity as
may be appropriate to enforce the provisions of this
instrument, including a demand for injunctive relief
to prevent or remedy the threatened or existing
violation of these covenant and for damages.
12.1.3 In the event any party with any rights provided
under the terms of these restrictive and protective
7
• •
covenants must bring legal action for the enforce-
ment of such covenants, then the prevailing party in
such action shall be entitled to the recovery of
reasonable attorney fees and costs of litigation,
including reasonable costs of expert witness fees,
if any.
13.0 AMENDMENT. A vote of two-thirds of the owners of the
various lots in the Subdivision shall be necessary to amend these
covenants until January 1, 2000.
14.0 SEVERABILITY. Invalidation of any one of the provisions
of this instrument by judgment or court order or decree shall in
no way affect any of the other provisions which shall remain in
full force and effect.
EXECUTED this day of
STATE OF COLORADO
ss.
County of Garfield
1984.
GAILEN B. SMITH
PAMELA D. SMITH
The foregoing was acknowledged before me this
September, 1984 by GAILEN B. SMITH and PAMELA D. SMITH.
Witness my hand and official seal.
My commission expires:
day of
Notary Public
8
Cottonwood Hollow Homeowner's Association
Architectural Control Committee
202 Cotton Hollow Ln.
Carbodale Co. 81623
Steve and Karen Heinig
0090 Cotton Hollow Ln.
Carbondale,Co. 81523
Dear Mr. & Mrs. Heinig
After review of all pians for your new apartment above
the garage on your property in the Cottonwood Hollow
Subdivision. The Architectural Control Committee finds
everything in order and approves and supports your efforts.
Good Luck
Best Regards
Marc Bassett
Chairman
Co4o/wood Hc!/ecJ ikir2ev404s A5-svc.
co mon /4/0//.0-, Lan
Ccu' boredaJ 1 OD g/2_.3
March 8 / /996.1
72 Whorri Con(p rr7
On Oc /ober 3, /998 M e 2oHari ctDovd
iloIlotv liorrreotor)eY,46sac)aJ-ion Cone/ucfeL-
r annua..l meefig - D,/ie of me ,070s-
discuss &uaz f e ass; /)ell t ori' /11 o
o e_ a .s&)* a d . 12 -207i -ion
rn laLcJ un/ f� � �� � � �� U /
WaS made arld a_ Uofea en )
/n �vpr- a ong as. Me riufn be,r
4 2eupa/7 iSS' /s' y <-/-r/cf a/)cd 71ht. ADMeOL<34eKS
•
reside or) e_ pre-n-iIse
A4-2
•
ACCESSORY DWELLING
UNIT (ABOVE GARAGE)
SCALE 1 /8" = 1 '
35'-0"
co
N
OWNER STORAGE
OWNER STORAGE
REF.
5'LINE
10'-10 1/4"
'.0
10'-4"
24'-B"
NOTES: 1.APPROX. 600SF. ABOVE 5' CEILING HEIGHT
2. ALL EXTERIOR FINISHES TO MATCH EXISTING
3-1-09
To: Garfield County Planning Department
Subject: Application for Special Use Permit
Project description: The rental apartment will be located above the garage/shop area
of my residence. The apartment will have approximately 600s.f. of habitable area and
all habitable areas are contained within the existing structure. Entry will be by exterior
stairway. Parking will be provided between the existing structure and the existing
driveway.
• -fir!•
ThCEIVED AUG 2 200t
Gailen Smith
P.O. Box 241
Snowmass, CO 81654
Cottonwood Hollow Subdivision, Lot owner #1 & #7
Mark Bean
Kit Lyon
Garfield Planning and Zoning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Sirs,
This letter concerns some homeowners within Cottonwood Hollow Subdivision who have
already built accessory dwellings and others who have given their intention to do so in the
future. This activity is currently prohibited within the confines of our subdivision. Our
covenants allow only one inhabited dwelling per lot that must be within the platted
building envelope.
Our homeowners "Articles of Incorporation" (attached) provide any Article or Declaration
may be amended and shall require the affirmative vote of two-thirds of the members.
These articles exist perpetually and require any change be duly recorded with Garfield
County.
Our "Protective Covenants" (attached) provide as follows:
5.0 (p.4) Each lot owner shall comply with Subdivision and Zoning regulations.
7.0 (p.4) The homeowners Architectural Control Committee shall have control over
approving any building within the subdivision.
8.0 (p.5) No more than one single-family dwelling shall be erected upon any lot.
All habitable structures must be within the designated and platted building
envelope.
11.0(p.7) These covenants run with the land and shall be binding upon all parties and all
persons claiming under them until January 1, 2000, at which time said
covenants shall be automatically extended for periods of ten (10) years unless by
vote reflected by signed documents duly recorded by the majority of "then"
owners it is agreed to change said covenants in whole or in part.
No meeting was ever held, and no proposal was ever made, thereby
automatically extending the covenants without revision.
• •
13.0(p.8)A vote of two-thirds of the owners of the various lots in the Subdivision shall be
necessary to amend these covenants until Janaury 1, 2000. If the covenants were
not in effect, then a vote supported by "all" of the homeowners would be necessary
to effect a change. Since the covenants were automatically extended then it will
take a two-thirds conformation to effect a covenants change.
Any covenant change must be a resolution brought to a vote of all the homeowners, at a
duly sworn meeting, and outline "specifically" what may or may not be changed of a nature
general to all homeowners. This resolution must be approved by Garfield County and duly
recorded for it to be validated.
Until such time as the Cottonwood Hollow Homeowners legally approve Accessory
dwellings, Two-family dwellings, or Guest dwellings, then I respectively request that any
and all activity other than one dwelling on one lot be stopped.
Sincerely,
Gailen Smith
Owner lots #1 & #7
65NT 8Y: JEROME OAMB
f.
M
r'.
-SENT EY: JEROME GAVEA AND ',SSOCIATES IN ;9709451410;
G A M B A
& ASSOCIATICS
CON9VL1 NG ENGIN:3Y119
6i LAN suNvsvOr
aw u.0 ,M. [w,' -N. CO,
PHONE: 970/945-2550
FAA. 970/945-1 410
118 NINTH STREET,
Surt8 214
P.0. BOX 1459
OLINWOOc SPRINGS.
COLORADO 911502.1458
I
December 4, 2001
Kit Lyons
Garfield County PI
109 8th Street
Glenwood Springs,
ning Dept.
Colorado 81'60
Re: Stephen Heinig ISDS Review
Dear Kit;
DEC -4-01 4:5 Iu1; PAGE 2/5
z (<<la1
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Gamba and Associates, Inc has peen retained by Mr. Hig to review his i -
existing septic disposal system (ISDS).
It is our understanding that Mr. Heinig is applying for a special use permit
to add an additional bedroom to his existing three bedroom residence for � " D',
total of four bedrooms. The existing ISDS, according to the 1993 ISDS u° c i^l
Permit No. 2075, is composed of 21 Infiltrotor graveness chambers ' - ' k- 4:
installed for the leach field. Also installed of this time was a 1250 gallon })
concrete septic tank. It is unknown at this time, the configuration of the
Infiltrator units in regard to a leach bed or trench design. Therefore, the 1°
proposed calCL lotions will assume a leach bed layout. The calculations,
therefore will use a forty percent reduction in the required leaching area.
DESIGN
The proposed design will be for a four bedroom residence using the
percolation rate as reported on the current ISDS permit. The design
calculations show the system should be a minimum of 18 Infiltrator units
with a septic tank volume of 1125 gallons to achieve the required 30 hour
detention time in the septic tank. The existing system exceeds the
requirements for the additional bedroom in an Infiltrator bed layout. See
attached Calculation Sheet for o four bedroom design.
Mr. Reiningwould also like to review the system if the he were to add
another bedroom in the future. The following is the minimum required for
this site for a five bedroom residence. The minimum requirements for a five
bedroom design in a leach bed layout is 23 Infiltrator units and o 1500
gallon septic tank.
CONSTRUCTION
The actual layout of the existing system is four rows of five infiltrator units
and one row using only one Infiltrator unit. It is our recommendation that if
any system alterations are to occur, the one Infiltrator unit row should be
1'
SENT B4': JEPOME GAM8A AND ASSOCIATES410.;071;451410;
DEC -4-01 4:'^ M;
PAGE 3!S
extended for a Coto; unit count of 5 units. This would make the system uniform from row
to row. The system, as -built is large enough to accommodate the additional bedroom as
proposed by Mr. Heinig. If the total bedroom count for the residence was submitted at
five bedrooms, then four Infiltrators should be added to the one unit row for uniformity,
for a total of 25 units for the system and a 1500 gallon septic tank installed in place of
the existing 1250 gallon septic tank.
If you have any further questions please feel free to contact us.
Sincerely Yours;
Gomba & Associates, inc,
)1dee Loce,ge-
Chris Strouse, Design Engineer
Robert W. Pennington, P.E.
G:\01300-Heinig\ISDS REVIEW.doc
SENT_EV: JEROME GAMPA AN') ASSOCIATES .;9709451410; without reduction
DEC 4 G� 4 M; PAGE 4/5
GARFIELD COUNTY
ISDS DESIGN CALCULATIONS
Owner's Name Il 11)
House Sime (r,q. ft.) 0 75
Number of Bedrooms in Mair, House
Number of Offices, Libraries Studies, Strider -owed Rooms in Main House
Number of Bedrooms in Detached Caretaker 'mut
Number of Offices, Studies, E ifilar-s�i ftoorns itt C'arPtakea Unit
W the caretaker unit is ATTACHED, treat,us if part of ,rutin house.)
Average Daily Waste Flow ; POO
State Review Required?: xw
Per Rate (t) —11111111111011
-
Design Flow (Ql m # potential bedroom; X 2 paopfe/i>edraom X gpd X 1.50
Q 9Q0
Absorption Area
rA=SvT
A 176.24 sq. ft. of absorption area required
31 infiltrator units
A n�uamnum 50% seduction is allowed far use of deep gravel or grewUeee chambered system°droo
only if the tat adze soil conditions are optimal.
If a reduction is being proposed, describe why lot size and soil conditions are optimal:
We will use a 40% reduction in system area because the actual construction layout is unknown.
A". 285.74 Nit with reduction
18 infiltrator units with reductor
Type of system: [XjAbsorption trenches ['Absorption bed [j Graveness chambers
(jDry wolf O'irepage Fit [}t7tfwr .(tope)
SETBACK FROM WELL
#offeets 100
SETI3AC:K FROM FOND, STREAM OR IRRIGATION DITCH
#i of feet 50
SETBACK FROM DRY C;UI,tCHI
M of feet. 25
FINAL INSPECTION13Y
DATE
Page 1 of 1
SENT EY: JEROME GAMER AND ASSOCIATES.;97094E1410;
GARFIELD COUNIY
Owrwr'r, Nam
House Size (sq. ft.)
Number of Bedrooms in Math Huse
Number of Offices, Libraries, Studies, Similar -sued Rooms in Main House
DEC -4-01 4 M; FACE 5/5
ISnS DESIGN CALCULATIONS
0
Number of Bcdroome in Detached Caretaker unit
Number of Offices, Studies, Similar -sized Room in (:.:retaken Unit
(If the caretaker unit is ai t'i'ACHF.D, treat as if part of main hou e. )
Average Daily Waste Flow : 750
State Review Kcquir. d? no
Yen-. Rertr (t) .,11111111.11
LI•et ign Flow (Q) = M 7utenlial bedrooms X :2 peoply/ hedr om X gpd X 1 50
Q = 1125
Absnrphcm Area =
1
urct ID #
A 595.29 sq. ft, of absorption area required
38 infiltrator units without reduction
A maximum 50% reduction is allowed for use of deep gravel or gtavellese chambered system,
only if tate lot size and soil conditions are optimal.
TE a reduction is being proposed, describe why lot size and soil conditions are optional:
We will use, a 40% reduction in system area becau r the actual construction layout is ufKnown.
A = 357.18 sq.ft with reduction
23c.. infiltrator whit reduction
Type of system: [X)Absorption trenches []Ab urytio& bed j) Graveness chambers
I IDry well I [Seepage Pit I iOther
SETT A(..K FROM WELL
# of feet =
(type)
110
SETBACK FROM POND, STREAM OR IRIR;I:;ATION DITCH
tl of feet - tiU
SETBACK FROM DRY GUI.CH
# of feet = 35
FINAL INSF'FCTION HY: --- t7A'TT':
Page 1 of 1
75
- Form No.
GWS -25
APPLICANT
OFFICE OF THE SIlliT'E ENGINEER
COLORADO DIVISION OF WATER RESOURCO
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303)888-3581
•
NER'S C0ksY
WELL PERMIT NUMBER _____56069 -F
DIV. 5 WD 38 DES. BASIN MCD
Lot: 2 Block: Filing: Subdiv: COTTONWOOD HOLLOW
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 SW 1/4 Section 12
Township 7 S Range 88 W Sixth P.M.
DISTANCES FROM SECTION LINES
2120 Ft. from South Section Line
2150 Ft. from West Section Line
SLIM COORDINAT S
Northing: Easting:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shelf be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the
applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil
court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has
been granted by the State Board of Examiners of Water Weil Construction and Pump installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the expansion in use of an existing well, identified as the Bobcat Ridge Estates Well No. 2 (also
operating under permit no. 40324-F) on the condition that this well is operated in accordance with the Till, Bassett, Harrelson, Fritz,
Heinig/Otson and Forbes (aka Bobcat Ridge Estates) Augmentation Plan approved by the Division 5 Water Court in case no. OOCW136. If this
well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water.
4) Approved as a well on a residential site of 5.005 acres) described as lot 2, Cottonwood Hollow Subdivision Garfield County. Further
identified as, 90 Cotton Hollow Lane. Carbondale, CO 81623.
5) The use of ground water from this well, diverted under this permit, is limited to ordinary househoid purposes inside one (1) single family
dwelling, and the irrigation of not more than 5,000 square feet of home gardens and lawns. Such use is in addition to the uses which are
already decreed in Water Court case no. 80CW359 for the Cottonwood Hollow Subdivision (Bobcat Ridge Estates Wells).
6) The maximum pumping rate of this well shall not exceed 15 GPM.
7) The maximum annual amount of ground water to be appropriated shall not exceed 0.68 acre-feet.
8) The retum flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the
water is returned to the same stream system in which the well is located.
9) The owner shall mark the wee in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as
appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
11) This well shall be located not more than 200 feet from the location specified on this permit.
NOTICE: This permit has been approved for the location, use and annual
You are hereby notified that appropriation as noted above and decreed in case no. OOCW136 .
you have the right to appeal the Issuance of this permit, by filing a written request with this office within sixty (60)
days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.)
NOTE: Expired permit no. 365544, was previously issued for this lot.
NOTE: Parcel Identification Number (PIN): 23-2393-123-02.002
NOTE' Assessor Tax Schedule Number: 111554 O.Y1Z (%e2 t'
STEPHEN M HEINIG & KAREN ANN OLSON
C/O CALOIA & HOUPT PC
1204 GRAND AVE
GLENWOOD SPRINGS, CO 81601-
(970) 945-6067
CHANGE/EXPANSION OF USE OF AN EXISTING WELL
APPROVED
DMW
Receipt No. 9500393
State Engineer
DATE ISSUED JUL 2 1 2001 BEXPIRATION DATBJUL 2 12002
sae, N.
vas.3t
11X40
PUMP INSTALLAT10OND
STATE OF COLORADO, OFFICE OF THE
'TEST REPORT
STATE ENGINEER
iii.Woe Use onp
1.
WELL
PERMIT NUMBER 040324 F
2.
OWNER
Mailing
City,
Phan*
NAME(S) ,Steve Heinia & Karen Olson
Address 0281 Co Rd 167
St. ZIP -g envond . Spa a . Co , 81601
(303 ) 945-0709
3.
•
WELL LOCATION M DRILLED;N01/4 x1/4, Soo. 12 Twp, 7 S , Range 88 W 6f h
DISTANCES FROM SEC. LINES:
2120 It from South Sim, qM, and 2150 R, from West Sec. line.
F1UNG(UNI ___
SUBDIVISION:
STREET
K M Y 7—
LOT BLOCK
,
ADDRESS AT WEU. LOCATION:
4.
PUMP DATA: Type Submersible Installation Completed 6/1 5/93 •
Pump
Design
Pump
Manutaoturer Goulds Pump Model No. 10E305412
GPM 10 at RPM 3450 ! HP 1/2 , Volts 230 , Full Load Amps 4 . 8
Intake Depth • 38 ? Feet, Drop/Column Pips Size 1" Inches, Kind PVC S C H 80 •
R P
¢11
Ot� PM;
11 •
TURBINE
Design
DRIVEROEngineREATEFI
TYPE: Electric
Head het, Number of Stages , Shaft size inches.
!.
OTHER EQUIPMENT;
Monitor Tube Installed 0 Yes Q No,
Meter Serial No.Agtcala Ica
Depth ft.
Airline
FIew
Meter
Installed Yes No, Orifice Depth ft.,�.
Meter Mtg. rrn
Readout Gallons, 0
n Acre fast, ❑ Beginning Reading 0
Thousand Gallons,
a
TEST
Total
Static
Date
DATA: ❑ Cock box If Test date
Date
Well Depth 40 ' Time
is submitted on Supplemental Form.
6 5R9 3
Level 15' Rats (GPM) ja
Measured 7 ' Pumping Lvt.
7.
DISINFECTION: Type Ch 1 o r oX Amt Used 1 2 Gallon
e.
Waterer analysis available. 0 Yes 0 No
9.
Remarks
AMMMft
4 I have
[Pursuant
degree
CONTRACTOR
Mailing
read the statements made herein and know the contents thereof, and that they are true to my knowledge.
to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second
and is punishable as a class 1 misdemeanor.)
J 6 M PUMP CO Phone3( 0 3) 945-6159 Uc. No.1 19 6.
Address 0241 Co_Rd 167 Gle-wood
Spas, Co. 81601
NamsfThie (Please type or print),
Richard A Holub Owner
/ti '
842'/A7�'U
Date
i/!--4..::"'
Form No.
GWS -25
APPLICANT
OFFICE OF THE ST. ENGINEER
COLORADO DIVISION OF WATER RESOURCES
316 Caoernie{ Bldg., 1313 Sherman et. Denver. Coionedo 80303
p03) 866-35S1
•
LI C
Lot: 2 Block
Filing: Subdiv: COTTONWOOD HOLLOW
APPROVED WELL LOCATION
COUNTY GARFIELD
NE 1/4 SW 1/4 Section 12
Twp 7 S , Range 88 W 6th P.M.
DISTANCES FROt_A SECTION IJNES
2120 Ft. from
STEPHEN HEINIG AND KAREN OLSON
0281 CR 167
GLENWOOD SPRINGS CO 81601
303/945-0709
PERMIT TO CONSTRUCT A WELL
South Section Line
2150 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONOiT1ONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules
2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well
Construction and Pump Installation Contractors in accordance with Rule 17.
3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated in accordance with the Ora W.
McVey and Norma N. McVey Plan for Augmentation approved by the Division 5 Water Court in Case No. 800W359.
If the well is not operated in accordance with the terrns cf said decree, it will be subject to administration including
orders to cease pumping.
4) Approved as the only well on a residential site of 5.005 acres described as Lot 2, Cottonwood Hollow Subdivision.
Garfield County.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed 2 acre-feet.
7) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single
family dwelling, the irrigation of not more than 1,000 square feet of home lawns and gardens, and the watering of
up to four (4) horses.
8) The retum flow from the use of this well must be through an individual waste water system of the nonevaporative
type where the water is returned to the same stream system in which the well is located.
9) A totalizing flow meter must be installed on the well and maintained in good working order. Permanent records of
all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division
Engineer upon request.
10) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court
case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these
markings. GI:2,G ) \ (l APT
ittiN1 774' InDV
APPROVED:
GRG
Q. 00,.,,,G.ti.
.64231.4-4Le
9v
01/10/2002 08;29
TO:
• •
COVER PAGE
FAX: 62509E18
FROM: MOUNTAIN CRAFTSMEN
FAX: 9709450709
TEL: 9709450709
COMMENT:
01/10/2002 08:29
9789150739
•
MOJNTAIN CRAFTSMEN PAGE a1
•
T [ ✓ c/ "J
r
t5 ✓� , ��• 'i p Gei Y tV' - ft/»/& ( F A.
7-frg• r-c,c)nir 441 eA(
'Cc -A)! 4._
qqr- C7 - hriqb w m
T-412_
c, A( cite 4'6 fi c1iM 4[7-M (`
IreAAk
1-/Re
( -07cAtf
01/10/.2E22 CS: 29 9709450709
MOUNTAIN CRAFTSMEN PAGE ar2.
• •
JOHN C. KEPHART & CO.
GLAND JUS
MEIN lABOAAtON
ES
436 NORTH AV[NUE • PHON[: (670) 242.7615 • RAI (67O) 243 7335 • GRAND JUNCTION, COLORADO StS01
Received from:
- ANALYTICAL REPORT --
J 5< M Pump Cr.
Rick (970)945-6159
96 11 - 1 1 7 Road
Glenwood Springs, CO 131601
No. 8000 water
Customer N
Laboratory No. Sample
Date Received 11/14/01 Date Reported 1 2/3/01
Sample 8000
WATER
Total Suspended Solids
Ni tri to N)
Nitrite(N)
Total Lolii•c)r-m iac:ter2a
TSS
Nitrate
Nitrite
T Cf{
mq/l
0.44 moil
0.00 mo/1
0 colonies/100m1
Method
EPA 1a0. 2
ASTMD_ 8 7 -908
SM 922.2.9 t#1 )
Date tested
11/19/01
11/.`_0/01
11/14/01
11/14/01
Director
B. Bauer.
�c.Atg'u
8611 e.wnty..toad 117
qleftwood Spiusge e(7 81601
Atone. 970-945-6159
et&C: 970-948-6159
Sax: 970-945-6159
WELL TEST
TO; Steve Heinig
0090 Cotton Hollow Lane
Carbondale, Co 81623
DATE: November 13, 200 RE:
RE: Well Test
Attn: Steve,
A four hour well test was performed on the existing well on the property listed
above. The following results were obtained:
Well Depth: 40'
Water Level: 9'6"
Drawdown: 6"
Sustained Yeild: 15 GPM
Clarity: Clear
Recovery: 95% within 5 minutes
Comments: This well is adequate for existing household plus an
additionaI 3 to 4 person living quarters
Samples: State Standards sent to GJ Lab
Thank You!
J&MPumpCo.
;h/,Qf64,B
Richard A. Holub
Lic. No. 1196
irF!urn nuc 2 , 2001
December 17, 2001
Stephen Heinig
Heinig Residence
0090 Cotton Hollow, Lane
Carbondale, CO 8123
RE: Heinig Residence — Existing ISDS System, 0090 Cotton Hollow Lane, Carbondale,
Garfield County, CO
SE Job No. 21183.01
Dear Mr. Heing:
Pursuant to your request, attached herewith is a letter/report presenting our findings in regard to our
evaluation of the adequate size and design of an existing Individual Sewage Disposal System (ISDS) at the
above referenced Site. Our opinion is based on our evaluation of the site conditions with information
provided by you for use in supporting your application to the Garfield County. This evaluation is pursuant
to Condition 4, listed in Garfield County Resolution 2001-48, concerning the approval of the Heinig
Special Use Permit Application. Our opinions and recommendations are in accordance with Garfield
County and the State of Colorado ISDS Regulations. The Garfield County must permit any proposed
improvement to the site. We have reviewed the information forwarded to us, evaluated the existing ISDS
design and have presented recommendations for the upgrade of the system to accommodate a total of 5
bedrooms as a part of our scope of work.
Conclusions:
Based on our findings we believe that the design of the existing approved ISDS system is adequate to serve
the needs of a total of 4 bedrooms in accordance with the Regulations of Garfield County and the State of
Colorado. In addition we believe that the design and installation of a proposed upgrade/retrofit to the
existing approved ISDS system, to serve the needs of a total of 5 bedrooms, is feasible in accordance with
the Regulations of Garfield County and the State of Colorado. The existing septic system is currently in
use and adequately functioning to serve the needs of a total of 4 bedrooms. Therefore we recommend that
its use continue to accept wastewater from the existing 3-bedr000m single-family unit and that it be
utilized to accept wastewater from the second dwelling unit. The second dwelling unit would need to be
limited to a single bedroom with no more than 2 persons in residence. We recommend the installation of
an Orenco System Effluent Filter at the outlet in the secondary chamber of the existing Septic tank.
The future addition of a second bedroom in the second dwelling unit will require a sizing upgrade/retrofit
to the existing system. We recommend that an additional concrete tank with a minimum volume of 250
gallons be installed in series with the existing septic tank. The tanks will discharge effluent to an
approximate 420 square foot expanded soil absorption system to serve a future second bedroom, if
proposed, along with the current proposed new 1 -bedroom addition and the existing 3 -bedroom house.
The addition soil absorption leaching chambers can be installed in natural soils. The addition soil
absorption area will meet all required setbacks and be installed adjacent to the existing absorption field in a
separate trench configuration. Approximately 6 new chambers will be required for the •additional area.
Our Evaluation/Design calculations are outlined below.
502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313
SOPRIS ENGINEERING • LLC
civil consultants
• •
Stephen Heinig
SE Job No. 21183.01
December 17, 2001
Page 3
The absorption system was sized based on 167 sq. ft of absorption area per bedroom, per documentation on
the permit. A gravelless absorption bed with 21 leaching chambers was permitted.
Therefore the absorption field is calculated as follows:
A = 4 bedrooms x 167 sq. ft. = 687 sq. ft absorption area with reduction to use 21 chambers.
Bedroom
Existing ISDS Analysis
The design flow for the existing system is based on a four-bedroom house.
From the State of Colorado I. S. D. S. Regulations;
Average daily flow (Q) = # of people x gal/person/day (avg. flow)
Existing Design flow (Qd) = # of people x gal/person/day x 1.5 (peaking factor) = gal/day
Maximum number of people is assumed to be 8 people.
Gallons per day for residential = 75 gal/person/day
Qd=4x2x75x1.5= 900 gal/day
The existing absorption field system is adequate to serve the needs of a 4 -bedroom flow equivalent.
Based upon the previous percolation test rates, the standard absorption area equation yields:
A (SF) = 1 : where A = Area; Q = flow (gal/day)
5 t = time in minutes
For a bed. configuration assume a 30% area reduction.
Assume 15.5 S.F. per leaching chamber.
This equation will give a recommended minimum absorption area:
A = = 900 *(7)11 = 476 S.F. 476 sq. ft (0.70) = 333 S.F = 21 OK existing area has 21 chambers.
5 15.5 S.F/chamber
Proposed ISDS Analysis
The design flow for the upgraded/retrofitted system is based on an equivalent five -bedroom house.
From the State of Colorado I. S. D. S. Regulations;
Average daily flow (Q) = # of people x gal/person/day (avg. flow)
Max. Design flow (Qmax) _ # of people x gal/person/day x 1.5 (peaking factor) = gal/day
Maximum number of people is assumed to be 10 people.
Gallons per day for residential = 75 gal/person/day
Qmax = 5 x 2 x 75 x 1.5 = 1125ya1/day
The Proposed absorption field system will serve the needs of the five -bedroom flow equivalent from the 2
dwelling units. Based upon the previous percolation test rates, the standard absorption area equation is:
A (SF) = Q *(t) 1/2 : where A = Area; Q = flow (gal/day)
5 t = time in minutes
• •
Site Location:
Stephen Heinig
SE Job No. 21183.01
December 17, 2001
Page 2
The subject site is located at 0090 Cotton Hollow Lane, Lot 2 in the Cottonwood Hollow Subdivision,
adjacent to the south side of County Road 113, in Garfield County, Colorado. The site is situated in
Section 14, T 7 S, R 88 W of the 6th P.M. The Site comprises approximately 5 acres.
Existing Site Conditions:
The site includes a 3 -bedroom house with an attached garage structure. An existing permitted ISDS system
designed to serve a total of 4 bedrooms was constructed in June, 1993. The ISDS includes a 1250 gallon
septic tank and approximately 325 SF (21 leaching chambers) of absorption area in an assumed bed
configuration. The site has a general slope toward the South. Domestic water is supplied by an existing
registered well in excess of 100 feet from the closest point of the absorption field.
Proposed Site Conditions:
It is our understanding that you intend to construct a second residential dwelling unit up to 1000 S.F.,
above the existing garage. The wastewater drainage from this new facility will be discharged to the
existing ISDS. Current development plans propose that the second dwelling unit shall be limited to a
single bedroom with no more than 2 persons in residence. The tank and field size is adequate for this
usage without an upgrade to the system. See attached floor plan currently proposed.
The addition of a second bedroom in the second dwelling unit will require a sizing upgrade/retrofit to the
existing system. The proposed improvements will include a additional concrete tank, with a minimum
volume of 250 gallons, to be installed in series with the existing septic tank and additional soil absorption
leaching chambers to serve the needs of an equivalent 5 -bedroom house. We recommend that any new
additional absorption area, if proposed in the future be installed in a trench configuration. We recommend
the installation of an Orenco System Effluent Filter at the outlet in the secondary chamber of the existing
Septic tank or in the additional tank if required.
Subsurface Conditions:
A subsurface investigation and percolation test was conducted on May 28, 1993 by Don Owens of Garfield
County. The results are including in the existing ISDS permit. Groundwater was not encountered to a
depth of 10 feet in the profile boring. Percolation testing utilized three test holes, which yielded similar
absorption rates. The average percolation rate is 7 minutes per inch and is suitable for a conventional
absorption system.
Existing ISDS
The site includes an existing 3 -bedroom house with an existing ISDS system utilizing a 1250 -gallon septic
tank and a leaching chamber absorption bed consisting of 21 chamber in 4 rows of 5 and 1 row of 1. The
existing system was permitted by Garfield County on June 14,1993 (Permit No. 2075). The system is
reported to be adequately functioning.
• •
Stephen Heinig
SE Job No. 21183.01
December 17, 2001
Page 4
For a bed configuration assume a 30% area reduction.
Assume 15.5 S.F. per leaching chamber.
This equation will give a recommended minimum absorption area:
A = = 1125 *(7) 1 = 595 S.F. 595 sq. ft (0.70) = 416 S.F = 27
5 15.5 S.F/chamber
Install a minimum of 6 additional leaching chambers in a separate trench configuration and 250 gallon of
additional septic tank storage.
System Recommendations
An effluent filter should be installed in the secondary compartment of the septic tank or in the additional
septic tank to reduce the biological loading to the absorption trenches and extend the life of the treatment
media in the absorption field. The effluent will be distributed from a new distribution box if an upgrade is
desired to the system. No garbage disposal systems are currently installed and we discourage there use
with the existing ISDS.
Our evaluation and recommendations are based upon data you supplied to us. If subsurface or site
conditions are found to be different from those presented in this report, we should be notified to evaluate
the effect it may have on the existing and/or proposed upgrade ISDS. If the County Environmental Health
Department requests changes or modifications to the system, we should be contacted to evaluate the effect
on our evaluation.
If you have any question or need any additional information, please call.
Sincerely,
SOPRIS ENGINEERING, LLC
Paul E. Rutledge
Desi�a�,;'
.401
Prol "e
00
Cottonwood Hollow Homeowner's Association
Architectural Control Committee
202 Cotton Hollow Ln.
Carbodale Co. 81623
Steve and Karen Heinig
0090 Cotton Hollow Ln.
Carbondale,Co. 81623
Dear Mr. & Mrs. Heinig
After review of all plans for your new apartment above
the garage on your property in the Cottonwood Hollow
Subdivision. The Architectural Control Committee finds
everything in order and approves and supports your efforts.
Good Luck
Best Regards
Marc Bassett
Chairman
(Nvc e)ce,t\c
• •
'8
a
@
PROPERTY ADDRESS:
DISTRICT COURT, WATER DIVISION NO. 5, •
STATE OF COLORADO
109 Eighth Street, Suite 104
Glenwood Springs, CO 81601
♦ COURT USE ONLY
CONCERNING TIIE APPLICATION FOR WATER
RIGHTS OF:
BARRY TILL, JANE TILL, MARC BASSETT,
ERIN J. BASSETT, ALLEN M. HARRELSON, III,
TERI HARRELSON, RUSSELL E. FRITZ, PAM FRITZ
(F/IIA BELTRAMO), STEPHEN M. HEINIG, KAREN ANN
OLSON, ARTHUR O. FORBES, AND JANICE K. FORBES
in Garfield County, Colorado.
Attorney of Record:
Sherry A. Caloia, Esq.
Caloia & Houpt, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-6067 945-6292 — fax
email: scaloia@sopris.net
sopris.net
Atty. No. 11947
Case No. 2000CW136
FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF TIIE REFEREE,
JUDGMENT AND DECREE
The above -entitled Application was filed on July 28, 2000. An amended Application was
filed on August 3, 2000. The Application and Amended Application (hereinafter "Application")
were referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water
Judge of said Court in accordance with Article 92, Chapter 37, C.R.S., known as the Water
Rights Determination and Administration Act of 1969, as amended.
The undersigned Water Referee, having made such investigations as are necessary to
determine whether or not the statements in the Application are true, and having become fully
advised with respect to the subject matter in the Application, does hereby make the following
-Findings of Fact, Conclusions of Law, Ruling of the Referee and Judgment and Decree in this
matter:
Name, address, and telephone number of Applicants:
Barry and Jane Till
0206 Cotton 1 -follow Lane (Lot 9)
Carbondale, CO 81623
970-945-5288
A.O. and Janice Forbes
1493 County Road 106 (Lot 3)
Carbondale, CO 81623
970-947-9742
•
District Court, Water Div. 5
Case No. 00CW136; Cottonwood Follow MOA
Ruling and Decree
C. Location of use: All water will be used on Applicant's lands located in the SW t/a ,
Section 12, Township 7 South, Range 88 West, 6th P.M. or on Lots 2, 3, 5, 8, 9
and 11 of the Cottonwood Hollow Subdivision as it is described in the records of
the Garfield County Clerk and Recorder
1) Water rights for Well Nos. 2, 3, 5, 8, 9 and 11 are applied for conditional
for all uses;
2) Appropriation initiated by: Field inspection, planning and engineering
. studies, formulation of intent to. divert and apply water to beneficial use;
D. Uses
1) Irrigation:
a. Total number of acres proposed to be irrigated: 20,000 square feet
b. Legal description of acreage irrigated: Lots 2, 3, 5, 8, 9 and 11 of
the Cottonwood Hollow Subdivision described in subparagraph C
above.
2) Domestic.
3 Applicant has requested approval of an augmentation plan to augment the above
described water rights as follows:
Water rights to be used as augmentation:
A. Green Mountain Reservoir:
1. Source: Blue River, tributary of Colorado River
2. Legal description: approximately 16 miles SE of Kremmling in Summit
County, CO in Sections 11, 12, 13, 14, 15, and 24, Township 2 South, Range 80 West, and
Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M.
3. Adjudication Date: October 12, 1955
4. Appropriation Date: August 1, 1935
5. Case No.: 2782, 5016, and 5017
Court: United States District Court, District of Colorado
Cottonwood Hollow- Ruling-00CW136
-3-
• •
District Court, Water Div. 5
Case No. 00CW136; Cottonwood hollow I IOA
Ruling and Decree
6. Decreed Amount: 154,645 acre feet
7. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the
section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate
Document 80.
B. Ruedi Reservoir:
8. Source: Frying Pan River, tributary of Colorado River
9. Legal description: the reservoir is located in Sections 7, 8, 9, 11, and 14
through 18, Township 8 South, Range 84 West of the 6th P.M. in Eagle and Pitkin Counties.
10. Adjudication Date: June 20, 1958
11. Appropriation Date: July 29, 1957
12. Case No.: C.A. 4613
Court: Garfield County District Court
13. Decreed Amount: 102,369 acre feet
14. Decreed Uses: generation of electric energy, domestic, municipal,
industrial, irrigation and stock watering
15. In Case No. 81CW34 Ruedi Reservoir was decreed a refill right for
101,280 acre feet, conditional. In Case No. 95CW95, 44,509 acre feet was made absolute.
C. Park Ditch and Reservoir Company. The Applicants are the owners of an option
to perpetually lease 1.2 acre foot of historic consumptive use decreed in Case No.
79CW097, Water Division No. 5 (hereinafter sometimes referred to as "CLDC
water"). The 1.2 acre foot of adjudicated historic consumptive use is derived
from water rights decreed to the Park Ditch and Reservoir Company. The Park
Ditch and Reservoir Company diverts water from Cattle Creek under the
following water rights:
Park Ditch Water Rights
Cottonwood Hollow- Ruling-OOCW136
-4-
District Court, Water Div. 5
Case No. 00CW136; Cottonwood Hollow HOA
Ruling and Decree
Ditch
Decreed
Amount
(cfs)
Priority
No.
Decreed
Location
Sec. 7,
T.7.S.,
R87 W.
Adjudication
Date
Appropriation
Date
C.A.
Park Ditch
9.0
221A.
NW/SW/SE
6/26/1913
9/12/1904
1627
Park Ditch
4.1
232
NW/SW/SE
6/09/1916
7/01/1912
1821
Park Ditch
1.8
221A.
NW/SW/SE
6/26/1913
9/12/1904
1627
Park Ditch
2.0
232
NW/SW/SE
9/05/1918
7/01/1912
1973
Landis Canal
(alternate
point of Park
Ditch, see
80CW 113)
130
718
NW/SW/SE
6/20/1958
7/29/1957
4613
Direct flow diversions under the shares in the Park Ditch and Reservoir Company are
supplemented by releases from Consolidated Reservoir. This reservoir operates under the
following decreed priorities:
CONSOLIDATED RESERVOIR WATER RIGI-ITS
Decreed
Structure
Decreed
Priority
Location
Adjudication
Appropriation
C.A.
Amount
(AF)
No.
Sec. 7,
T.7.S.,
R87 W.
Date
Date
Consolidated
595.0 AF
8B
NE/NE
2/15/1921
9/08/1898
2144
Reservoir
Consolidated
285.6 AF
678
NE/NE
6/20//1958
9/01/1948
4613
Reservoir
Consolidated
401.0 AF
754
NE/NE
11/5/1971
9/01/1948
5884
Reservoir
As changed in Case No. 79CW097 for Augmentation and Exchange Use.
Amount: 1.2 acre feet
Applicants each intend to develop their property located in the Cottonwood Hollow
Subdivision which is in the SW 1/4, Section 12, Township 7 South, Range 88 West 6th
P.M. in Garfield County, for 6 additional dwelling units. Also the Applicants intend to
irrigate up to 20,000 square feet of lawn and garden area. Such is in addition to the uses
which are already decreed in Case Number 80CW359 and 79CW59 for the Cottonwood
Hollow Subdivision (Bobcat Ridge Estates Wells and the McVey Reservoir).
Cottonwood Hollow- Ruling-00CW136
-5-
• •
District Court, Water Div. 5
Case No. 00CW l 36; Cottonwood Hollow HOA
Ruling and Decree
The statement of plan for augmentation covers all applicable hatters under C.R.S. §§37
92-103(9), -302(1)(2), and -305(8). The plan is described below.
The Bobcat Ridge Estates Well Nos. 2, 3, 5, 8, 9 and 11 will be used as the source of
potable water supply for 6 additional residential units (1 per lot) and for irrigation. The units
proposed will use water use as follows:
- 350 gallons per residential unit per day in-house;
- Total irrigation not to exceed 20,000 square feet;
15 percent consumptive use diversion for domestic for in-house uses only;
- 2.43 a.f. per acre diversion amount for irrigation;
- 80 percent consumptive use for irrigation.
Note: The breakdown of the uses per this augmentation plan is as follows;
Each of Lots 2, 3, 5, 8, 9 and 11 will have 1 additional residential unit
with 1500 square feet of lawn irrigation.
Lots 8, 9 and 11 will have ponds on the lot consistent with the decrees
entered in Case Nos. 00CW137 and 00CW211.
Lot 2 will have an additional 3500 square feet of irrigation.
Lot 11 will have an additional 3500 square feet of irrigation.
Lots 3, 5, 8 and 9 will have an additional 1000 square feet of irrigation
each.
Note: The uses set forth herein are in addition to the uses as set forth in the
augmentation plan as decreed in Case No. 80CW359 as may be amended in Case
No. 00CW159.
E. All wastewater will be returned through individual sewage disposal systems.
F. Ponds may be constructed on lots 8, 9 and 11 for a total surface area not to
exceed 5,000 square feet total: 1,500 square feet per lot for the ponds on Lots 8 and 9 and 2000
square feet for the ponds on lot 11. (Case Nos. 00CW137 and 00CW211 adjudicate the ponds
to be augmented herein.) The Applicants intend to keep those ponds full by continuous
diversion of water into thein from springs tributary to Cattle Creek and runoff and other
waters tributary to and from Cattle Creek. Such diversions are located on and around the
aforementioned lots in sections 11 .and 12, Township 7 South, Range 88 West, 6th P.M. In
order to replace for evaporative losses that will occur, the Applicants will use their CLDC
water to replace for evaporation as necessary to Cattle Creek and from Green Mountain and/or
Ruedi Reservoir to the Roaring Fork River.
Cottonwood Hollow- Ruling-00CW136
-6-
• •
District Court, Water Div. .5
Case No. 00CW136; Cottonwood Hollow IIOA
Ruling and Decree
G. Water for augmentation purposes will be supplied by:
1) Releases from Green Mountain and/or Ruedi Reservoir listed above will
be made to replace all depletions that may be occurring out -of -priority to meet a valid
downstream call in the non -irrigation season generally and at times that cattle creek is not
on call. Applicants have made application to the Basalt Water Conservancy District for
up to 1 acre foot of water for such purposes.
2) Water from the Park Ditch and Reservoir as adjudicated for use for
augmentation uses in Case No. 79CW97 will be used for irrigation season augmentation.
Tlie Applicants have .entered into an option agreement with the Carbondale Land
Development Company (CLDC) for a perpetual lease of up to 1.2 acre feet of water to
use in this augmentation plan.
3) Water estimates for diversion and consumptive use and evaporation are set
forth in Tables 1 and 2, attached hereto and incorporated herein by this reference.
4) Well permits for the wells have been applied for.
5. The Court finds that the Applicant has formed and demonstrated the requisite intent to
appropriate water and has taken a substantial first step toward the appropriation of
water in the amounts and for the purposes set forth in paragraphs 2 and 3, above. The
Court further finds that unappropriated water is available and that the waters claimed
by Applicant can and will be diverted, stored, or otherwise captured, possessed and
controlled and will be beneficially used, and that the diversion and storage project
described herein can and will be completed with diligence and within a reasonable
time.
CONCLUSIONS OF LAW
6. The Application filed herein is complete, covering all applicable matters required
under C.R.S. §37-92-301, 302 and 305.
7. All notices required by law have been given, and no further notice need be given.
8. The Court has jurisdiction of this matter and of all persons, whether they have
appeared or not. C.R.S. §37-92-301(2) and -303(1).
9. The Court has authority to confirm the absolute and conditional water rights as
requested in the application. C.R.S. §37-92-301(2), -302, -303(1), and -304.
Cottonwood Hollow- Ruling-00CW136
JUDGMENT AND DECREE
-7-
• •
District Court, Water Div. 5
Case No. 00CW136; Cottonwood Hollow HOA
Ruling and Decree
10. The foregoing Findings of Fact and Conclusions of Law are incorporated herein
by this reference, and the Court concludes that the Application should be granted, subject to the
terms and conditions set forth herein.
11. The conditional water right requested for the Bobcat Ridge Estates Well Nos. 2,
3, 5, 8, 9 and 11., as more fully set forth in Paragraph 2, above, is hereby confirmed in the
amounts set forth in the table in paragraph 2 above, conditional, with an appropriation date of
March 15, 2000, for domestic and irrigation. The Referee finds that the Applicant has formed
and demonstrated the requisite intent to appropriate and that Applicant has taken a substantial
first step toward appropriation of water in the amounts and for the purposes set forth above in
Paragraph 2. and that the appropriations described herein can and will be completed with
diligence and within a reasonable time. The Referee does therefore rule that the conditional
water rights shall be granted.
12. Should the Applicant desire to maintain the conditional water rights confirmed in
the preceding paragraph, an Application for Finding of Reasonable Diligence shall be filed in the
same month of the sixth calendar year following entry of this decree, unless a determination has
been made prior to that date that such conditional rights have been made absolute by reason of
the completion of the appropriations, or are otherwise disposed of.
13. The Referee further rules that the plan for augmentation as more fully set forth in
Paragraphs 5-7, is approved. Pursuant to Colo. Rev. Stat. § 37-92-305(8), in administering the
augmentation plan approved herein, the State Engineer shall curtail all out -of -priority diversions,
the depletions from which are not so replaced as to prevent injury to vested water rights.
Further, the Applicant, his successors and assigns understand that the replacement source is a
lease supply and if such lease should expire, fail to be renewed, is terminated, or an alternate
source of replacement water is not included in this Decree by proper amendment prior to such
expiration, curtailment of all out -of -priority diversions will occur.
14. Pursuant 'to Colo. Rev. Stat. § 37-92-502(5), the Applicant shall install,
maintain, and monitor at locations determined by the Division Engineer, and at Applicant's
expense, any measuring device deemed necessary by the Division Engineer to administer this
decree. Applicant shall maintain monthly records of water usage and provide an annual report
to the Division Engineer summarizing depletions and replacements pursuant to this plan on or
before November 15 of each year when the well is in operation. The timing and amount of
augmentation releases shall be at the discretion of the Division Engineer (and otherwise in
accordance with the attached Table 1).
15. The approval of the augmentation plan described herein shall be subject to
reconsideration by the Water Judge on the question of injury to the vested rights of others for a
period of five (5) years after the augmentation plan becomes operational.
Cottonwood Hollow- Ruling-00CW136
-8-
District Court, Water Div. 5
Case No. 00CW136; Cottonwood Hollow HOA
Ruling and Decree
reconsideration by the Water Judge on the question of injury to the vested rights of others for a
period of five (5) years after the augmentation plan becomes operational.
16. The conditional water rights confirmed herein are SUBJECT TO ALL EARLIER
PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division
Engineer of such priorities and changes of rights in accordance with law.
17. The State Engineer shall issue well permits in accordance herewith subject to
Colo. Rev. Stat. § 37-90-137.
18. An original copy of the Basalt Water Conservancy District contract and the
CLDC contract has been provided to the State and Division Engineers.
19. The Applicant agrees to form a Homeowners Association for the purpose of
owning the contracts and to be responsible to ensure that the conditions of this decree are met .
20. The conditional water rights confirmed herein are SUBJECT TO ALL EARLIER
PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division
Engineer of such priorities and changes of rights in accordance with law.
It is ORDERED that a copy of this Decree shall be filed with the appropriate Division
Engineer and the State Engineer.
DATED this Say of
erppv 0 hie toregoir mailed to all
Counsel i.i record---Wat ''
State Y
Deputy ClerkWater Dlv. No. 5
, 2001.
THE REFEREE:
Cottonwood Hollow- Ruling-00CW136
-9-
Water Referee, Water Division No. 5
• •
District Court, Water Div. 5
Case No. 00CW136; Cottonwood Hollow HOA
Ruling and Decree
JUDGMENT AND DECREE
No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed
and approved, and is made the Judgment and Decree of this Court. The deadline for filing an
application for a fmding of reasonable diligence as to the water rights confirmed herein shall be
, 2007.
DONE thisay of
, 2001.
Copy of the foregol g mailed to all
Counsel of record Watev
Referee, ---D r. '
Stat`✓,��� °!
State�J
Depuky Clerk, Weser DN. Na 6
Caloia
Cottonwood Hollow- Ruling-00CW136
Nater Judge, Water Division No. 5
State of Colorado
-10-
V. AMENDED STAFF RECOMMENDATION 06/11/01 (amendments in bold):
Staff recommends APPROVAL, with the following conditions of approval:
1. That all representations of the applicant, either within the application or stated at
the hearing before the Board of County Commissioners, shall be considered
conditions of approval. These representations include, but are not limited to, the
following:
a. The second dwelling unit shall be constructed above the existing garage;
b. The second dwelling unit shall not exceed 2 bedrooms or 1,000 square feet;
c. Seven parking spaces shall be provided and maintained for the two family
dwelling;
2. That the second dwelling unit be built according to the Garfield County building
code. Substantial changes to the plan, such as but not limited to a change of
location or substantial increase in square footage, will require another review
which may or may not be approved by the Board of County Commissioners;
3. That the applicant comply with the Zoning Resolution of 1978;
4. That all State and Local health standards be complied with; The applicant shall
provide a qualified engineer's opinion as to whether the ISDS is sized
appropriately for the existing house and the hve-bedreem second dwelling unit
prior to issuance of the any building permits. If necessary, a new ISDS shall be
constructed prior to occupancy of the second dwelling unit, or prior to
construction of the second bedroom;
5. That the applicant provide a copy of the approved well permit, prior to issuance of
a building permit and special use permit; That the following information must be
provided prior to issuance of a special use permit:
1) That a four (4) hour pump test be performed on the well to be
used;
2) A well completion report demonstrating the depth of the well,
the characteristics of the aquifer and the static water level;
3) The results of the four (4) hour pump test indicating the pumping
rate in gallons per minute and information showing drawdown
and recharge;
4) A written opinion of the person conducting the well test that this
well should be adequate to supply water to a two family dwelling
unit;
5) An assumption of an average or no less than 3.5 people per
dwelling unit, using 100 gallons of water per person, per day;
6) The water quality be tested by an approved testing laboratory
and meet State guidelines concerning bacteria, nitrates and
suspended solids.
`ey. WctiN .
ff- .
4±-
wi . s
loct214 a. v.
DISTRICT COURT, WATER DIVISION NO. 5,
STATE OF COLORADO
109 Eighth Street, Suite 104
Glenwood Springs, CO 81601
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
BARRY TILL, JANE TILL, MARC BASSETT,
ERIN J. BASSETT, ALLEN M. HARRELSON, III,
TERI HARRELSON, RUSSELL E. FRITZ, PAM FRITZ
(F/K/A BELTRAMO), STEPHEN M. HEINIG, KAREN ANN
OLSON, ARTHUR O. FORBES, AND JANICE K. FORBES
in Garfield County, Colorado.
Attorney of Record:
Sherry A. Caloia, Esq.
Caloia & Houpt, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-6067 945-6292 — fax
ernail: scaloia@sopris.net
Atty. No. 11947
• COURT USE ONLY
Case No. 2000CW136
FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF TIIE REFEREE,
JUDGMENT AND DECREE
The above -entitled Application was filed on July 28, 2000. An amended Application was
filed on August 3, 2000. The Application and Amended Application (hereinafter "Application")
were referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water
Judge of said Court in accordance with Article 92, Chapter 37, C.R.S.. known as the Water
Rights Determination and Administration Act of 1969, as amended.
The undersigned Water Referee, having made such investigations as are necessary to
determine whether or not the statements in the Application are true, and having become fully
advised with respect to the subject matter in the Application, does hereby make the following
Findings of Fact, Conclusions of Law, Ruling of the Referee and Judgment and Decree in this
matter:
Name, address, and telephone number of Applicants:
Barry and Jane Till
0206 Cotton Hollow Lane (Lot 9)
Carbondale, CO 81623
970-945-5288
A.O. and Janice Forbes
1493 County Road 106 (Lot 3)
Carbondale, CO 81623
970-947-9742
District Court, Water Div. 5
Case No. OOCW 136: Cottonwood Hollow HOA
Ruling and Decree
Marc arid Erin J. Bassett
202 Cotton Hollow Lane (Lot 8)
Carbondale, CO 81623
970-945-1278
Allen M. Harrelson III and Teri Harrelson
0168 Cotton Hollow Lane (Lot 11)
Carbondale, CO 81623
970-928-9103
2.
Stephen M. 1-Ieinig and Karen Ann Olson
90 Cotton Hollow Lane (Lot 2)
Carbondale, CO
970-945-0709
Russell Fritz and Pam Fritz f/k/a Beltramo
4792 County Road 113 (Lot 5)
Carbondale, CO 81623
970-928-9334
Applicants have requested underground water rights de
Name
Amt.
g P m
Location(3)
Well
Depth
(feet)
Total acre
feet
1/41/4
Sec.
Township
Range
FSL(1)
(feet)
FWL(2)
(feet)
Bobcat Ridge Estates Well
No. 2
15
NE SW
12
7 S.
88 W.
2120
2I50
200
1.5
Bobcat Ridge Estates Well
No. 3
15
NE SW
12
7 S.
88 W.
2050
1750
200
1.5
Bobcat Ridge Estates Well
No. 5
15
NW SW
12
7 S.
88 W.
2000
500
200
1.0
Bobcat Ridge Estates Weil
No, 8
15
NW SW
12
7 S.
88 W.
1584
1056
200
1.5
Bobcat Ridge Estates Well
No. 9
15
SE SW
12
7 S.
88 W.
1,200
2000
200
1.5
Bobcat Ridge Estates Well
No. 11
15
NE SW
12
7 S.
88 W.
2010
1410
200
2.0
Notes:
(1) FSL denotes distance from south line of section.
(2) FWL denotes distance from west line of section.
(3) All locations within the 6th Y.M.
A Water Source: Groundwater tributary to Cattle Creek and Roaring Fork River.
B. Appropriation date: 3/15/2000
Cottonwood Hoilow- Ruling -000W136
-2-
• •
District Court, Water Div. 5
Case No. OOCW 136; Cottonwood Hollow HOA
Ruling and Decree
C Location of use: All water will be used on Applicant's lands located in the SW t/a ,
Section 12, Township 7 South, Range 88 West, 6th P.M. or on Lots 2, 3, 5, 8, 9
and 11 of the Cottonwood Hollow Subdivision as it is described in the records of
the Garfield County Clerk and Recorder
1) Water rights for Well Nos. 2, 3, 5, 8, 9 and 11 are applied for conditional
for all uses;
2) Appropriation initiated by: Field inspection, planning and engineering
studies, formulation of intent to divert and apply water to beneficial use;
D. Uses:
1) Irrigation:
a. Total number of acres proposed to be irrigated: 20,000 square feet
b. Legal description of acreage irrigated: Lots 2, 3, 5, 8, 9 and 11 of
the Cottonwood Hollow Subdivision described in subparagraph C
above.
2) Domestic.
3 Applicant has requested approval of an augmentation plan to augment the above
described water rights as follows:
Water rights to be used as augmentation:
A. Green Mountain Reservoir:
l . Source: Blue River, tributary of Colorado River
2. Legal description: approximately 16 miles SE of Kremmliug in Summit
County, CO in Sections 11, 12, 13, 14, 15, and 24, Township 2 South, Range 80 West, and
Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M.
3. Adjudication Date: October 12, 1955
4. Appropriation Date: August 1, 1935
5. Case No.: 2782, 5016, and 5017
Court: United States District Court, District of Colorado
Cottonwood Hollow- Ruling-OOCW 13(
-3-
District Court, Water Div. 5
Case No. 00CW 136; Cottonwood Hollow HOA
Ruling and Decree
6. Decreed Amount: 154,645 acre feet
7. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the
section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate
Document 80.
B. Ruedi Reservoir:
8. Source: Frying Pan River, tributary of Colorado River
9. Legal description: the reservoir is located in Sections 7, 8, 9, 11, and 14
through 18, Township 8 South, Range 84 West of the 6th P.M. in Eagle and Pitkin Counties.
10. Adjudication Date: June 20, 1958
11. Appropriation Date: July 29, 1957
12. Case No.: C.A. 4613
Court: Garfield County District Court
13. Decreed Amount: 102,369 acre feet
14. Decreed Uses: generation of electric energy, domestic, municipal,
industrial, irrigation and stock watering
15. In Case No. 81CW34 Ruedi Reservoir was decreed a refill right for
101,280 acre feet, conditional. In Case No. 95CW95, 44,509 acre feet was made absolute.
C. Park Ditch and Reservoir Company. The Applicants are the owners of an option
to perpetually lease 1.2 acre foot of historic consumptive use decreed in Case No.
79CW097, Water Division No. 5 (hereinafter sometimes referred to as "CLDC
water"). The 1.2 acre foot of adjudicated historic consumptive use is derived
from water rights decreed to the Park Ditch and Reservoir Company. The Park
Ditch and Reservoir Company diverts water from Cattle Creek under the
following water rights:
Park Ditch Water Rights
Cottonwood Hvllow- Ruling-00CW136
-4-
District Court, Water Div. 5
Case No. 00CW136; Cottonwood Hollow HOA
Ruling and Decree
Ditch
rDecreed
j Amount
(cfs)
Priority
No.
Decreed
Location
Sec. 7,
T.7.S.,
R87 W.
Adjudication
Date
Appropriation
Date
C.A.
Park Ditch
9.0
221A.
NW/SW/SE
6/26/1913
9/12/1904
1627
Park Ditch
4.1
232
NW/SW/SE
6/09/1916
7/01/1912
1821
Park Ditch
1.8
221A.
NW/SW/SE
6/26/1913
9/12/1904
1627
Park Ditch
2.0
232
NW/SW/SE
9/05/1918
7/01/1912
1973
Landis Canal
(alternate
point of Park
Ditch, see
L 80CW 113)
130
718
NW/SW/SE
6/20/1958
7/29/1957
4613
Direct flow diversions under the shares in the Park Ditch and Reservoir Company are
supplemented by releases from Consolidated Reservoir. This reservoir operates under the
following decreed priorities:
As changed in Case No. 79CW097 for Augmentation and Exchange Use.
Amount: 1.2 acre feet
Applicants each intend to develop their property located in the Cottonwood Hollow
Subdivision which is in the SW'/a, Section 12, Township 7 South, Range 88 West 6th
P.M. in Garfield County, for 6 additional dwelling units. Also the Applicants intend to
irrigate up to 20,000 square feet of lawn and garden area. Such is in addition to the uses
which are already decreed in Case Number 80CW359 and 79CW59 for the Cottonwood
Hollow Subdivision (Bobcat Ridge Estates Wells and the McVey Reservoir).
Cottonwood Hollow- Ruling-00CW136
-5-
Structure
Decreed
Amount
(AF)
Priority
No.
Decreed
Location
Sec. 7,
T.7.S.,
R87 W.
Adjudication
Date
Appropriation
Date
C.A.
Consolidated
Reservoir
595.0 AF
8B
NE/NE
2/15/1921
9/08/1898
2144
Consolidated
Reservoir
285.6 AF
678
NE/NE
6/20/11958
9/01/1948
4613
Consolidated
Reservoir
401.0 AF
754 NE/NE
11/5/1971
9/01/1948
5884
As changed in Case No. 79CW097 for Augmentation and Exchange Use.
Amount: 1.2 acre feet
Applicants each intend to develop their property located in the Cottonwood Hollow
Subdivision which is in the SW'/a, Section 12, Township 7 South, Range 88 West 6th
P.M. in Garfield County, for 6 additional dwelling units. Also the Applicants intend to
irrigate up to 20,000 square feet of lawn and garden area. Such is in addition to the uses
which are already decreed in Case Number 80CW359 and 79CW59 for the Cottonwood
Hollow Subdivision (Bobcat Ridge Estates Wells and the McVey Reservoir).
Cottonwood Hollow- Ruling-00CW136
-5-
•
District Court, Water Div. 5
Case No. 00CW136; Cottonwood Hollow HOA
Ruling and Decree
The statement of plan for augmentation covers all applicable matters under C.R.S. §§37
92-103(9), -302(1)(2), and -305(8). The plan is described below.
The Bobcat Ridge Estates Well Nos. 2, 3, 5, 8, 9 and 11 will be used as the source of
potable water supply for 6 additional residential units (1 per lot) and for irrigation. The units
proposed will use water use as follows:
350 gallons per residential unit per day in-house;
Total irrigation not to exceed 20,000 square feet;
15 percent consumptive use diversion for domestic for in-house uses only;
2.43 a. f. per acre diversion amount for irrigation;
80 percent consumptive use for irrigation.
Note: The breakdown of the uses per this augmentation plan is as follows;
Each of Lots 2, 3, 5, 8, 9 and 11 will have I additional residential unit
with 1500 square feet of lawn irrigation.
Lots 8, 9 and 11 will have ponds on the lot consistent with the decre es
entered in Case Nos. 00CW137 and 00CW211.
Lot 2 will have an additional 3500 square feet of irrigation.
Lot 11 will have an additional 3500 square feet of irrigation.
Lots 3, 5. 8 and 9 will have an additional 1000 square feet of irrigation
each.
Note: The uses set forth herein are in addition to the uses as set forth in the
augmentation plan as decreed in Case No. 80CW359 as may be amended in Case
No. 00CW159.
E. All wastewater will be returned through individual sewage disposal systems.
F. Ponds may be constructed on lots 8, 9 and 11 for a total surface area not to
exceed 5,000 square feet total: 1,500 square feet per lot for the ponds on lots 8 and 9 and 2000
square feet for the ponds on lot 11. (Case Nos. 00CW137 and OOCW211 adjudicate the ponds
to be augmented herein.) The Applicants intend to keep those ponds full by continuous
diversion of water into them from springs tributary to Cattle Creek and runoff and other
waters tributary to and from Cattle Creek. Such diversions are located on and around the
aforementioned lots in sections 11 and 12, Township 7 South, Range 88 West, 6th P.M. In
order to replace for evaporative losses that will occur, the Applicants will use their CLDC
water to replace for evaporation as necessary to Cattle Creek and from Green Mountain and/or
Ruedi Reservoir to the Roaring Fork River.
Cottonwood Hollow- Ruiing-0OCW136
-6-
•
District Court, Water Div. 5
Case No. 00CW136; Cottonwood Hollow HOA
Ruling and Decree
G. Water for augmentation purposes will be supplied by:
1) Releases from Green Mountain and/or Ruedi Reservoir listed above will
be made to replace all depletions that may be occurring out -of -priority to meet a valid
downstream call in the non -irrigation season generally and at times that cattle creek is not
on call. Applicants have made application to the Basalt Water Conservancy District for
up to 1 acre foot of water for such purposes.
2) Water from the Park Ditch and Reservoir as adjudicated for use for
augmentation uses in Case No. 79CW97 will be used for irrigation season augmentation.
The Applicants have entered into an option agreement with the Carbondale Land
Development Company (CLDC) for a perpetual lease of up to 1.2 acre feet of water to
use in this augmentation plan.
3) Water estimates for diversion and consumptive use and evaporation are set
forth in Tables 1 and 2, attached hereto and incorporated herein by this reference.
4) Well permits for the wells have been applied for.
The Court finds that the Applicant has formed and demonstrated the requisite intent to
appropriate water and has taken a substantial first step toward the appropriation of
water in the amounts and for the purposes set forth in paragraphs 2 and 3, above. The
Court further finds that unappropriated water is available and that the waters claimed
by Applicant can and will be diverted, stored, or otherwise captured, possessed and
controlled and will be beneficially used, and that the diversion and storage project
described herein can and will be completed with diligence and within a reasonable
time.
CONCLUSIONS OF LAW
6. The Application filed herein is complete, covering all applicable matters required
under C.R.S. §37-92-301, 302 and 305.
7. All notices required by law have been given, and no further notice need be given.
8. The Court has jurisdiction of this matter and of all persons, whether they have
appeared or not. C.R.S. §37-92-301(2) and -303(1).
9. The Court has authority to confirm the absolute and conditional water rights as
requested in the application. C.R.S. §37-92-301(2), -302, -303(1), and -304.
Cottonwood Hollow- Ruling-00CW136
JUDGMENT AND DECREE
-7-
•
District Court, Water Div. 5
Case No. 00CW136; Cottonwood Hollow HOA
Ruling and Decree
10. The foregoing Findings of Fact and Conclusions of Law are incorporated herein
by this reference, and the Court concludes that the Application should be granted, subject to the
terms and conditions set forth herein.
11. The conditional water right requested for the Bobcat Ridge Estates Well Nos. 2.
3, 5, 8, 9 and 11., as more fully set forth in Paragraph 2, above, is hereby confirmed in the
amounts set forth in the table in paragraph 2 above, conditional, with an appropriation date of
March 15, 2000, for domestic and irrigation. The Referee finds that the Applicant has formed
and demonstrated the requisite intent to appropriate and that Applicant has taken a substantial
first step toward appropriation of water in the amounts and for the purposes set forth above in
Paragraph 2. and that the appropriations described herein can and will be completed with
diligence and within a reasonable time. The Referee does therefore rule that the conditional
water rights shall be granted.
12. Should the Applicant desire to maintain the conditional water rights confirmed in
the preceding paragraph, an Application for Finding of Reasonable Diligence shall be filed in the
same ,nonth of the sixth calendar year following entry of this decree, unless a determination has
been made prior to that date that such conditional rights have been made absolute by reason of
the completion of the appropriations, or are otherwise disposed of.
13. The Referee further rules that the plan for augmentation as more fully set forth in
Paragraphs 5-7, is approved. Pursuant to Colo. Rev. Stat. § 37-92-305(8), in administering the
augmentation plan approved herein, the State Engineer shall curtail all out -of -priority diversions,
the depletions from which are not so replaced as to prevent injury to vested water rights.
Further, the Applicant, his successors and assigns understand that the replacement source is a
lease supply and if such lease should expire, fail to be renewed, is terminated, or an alternate
source of replacement water is not included in this Decree by proper amendment prior to such
expiration, curtailment of all out -of -priority diversions will occur.
14. Pursuant to Colo. Rev. Stat. § 37-92-502(5), the Applicant shall install,
maintain, and monitor at locations determined by the Division Engineer, and at Applicant's
expense, any measuring device deemed necessary by the Division Engineer to administer this
decree. Applicant shall maintain monthly records of water usage and provide an annual report
to the Division Engineer summarizing depletions and replacements pursuant to this plan on or
before November 15 of each year when the well is in operation. The timing and amount of
augmentation releases shall be at the discretion of the Division Engineer (and otherwise in
accordance with the attached Table 1).
15. The approval of the augmentation plan described herein shall be subject to
reconsideration by the Water Judge on the question of injury to the vested rights of others for a
period of five (5) years after the augmentation plan becomes operational.
Cottonwood Hoilow- Riding-00CW 136
-8-
District Court, Water Div, 5
Case No. 00CW136; Cottonwood Hollow HOA
Ruling and Decree
reconsideration by the Water Judge on the question of injury to the vested rights of others for a
period of five (5) years after the augmentation plan becomes operational.
16. The conditional water rights confirmed herein are SUBJECT TO ALL EARLIER
PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division
Engineer of such priorities and changes of rights in accordance with law_
17. The State Engineer shall issue well permits in accordance herewith subject to
Colo. Rev. Stat. § 37-90-137.
18. An original copy of the Basalt Water Conservancy District contract and the
CLDC contract has been provided to the State and Division Engineers.
19. The Applicant agrees to form a Homeowners Association for the purpose of
owning the contracts and to be responsible to ensure that the conditions of this decree are met
20. The conditional water rights confirmed herein are SUBJECT TO ALL EARLIER
PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division
Engineer of such priorities and changes of rights in accordance with law.
It is ORDERED that a copy of this Decree sha;l be filed with the appropriate Division
Engineer and the State Engineer.
DATED this 34lay of
Cagy elf the torego p mailed to all
Counsel of rocord---Wata
Stats .3e
Depuy Cleri, Water Div. No. 6
Cottonwood hollow- Ruling-0OCW136
, 2001.
THE REFEREE:
-9-
ater Referee, Water ivision No. 5
District Court, Water Div. 5
Case No. 00CW136; Cottonwood Hollow HOA
Ruling and Decree
JUDGMENT AND DECREE
No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed
and approved, and is made the Judgment and Decree of this Court. The deadline for filing an
appli tion fora finding of reasonable diligence as to the water rights confirmed herein shall be
, 2007.
DONE thisG'? ay of
Copy of the foregolpg mailed to all
Counsel of record - Water
Referee, ---!17.:17
State - `�
Dep Clerk W. DN. Na 5
Ca to j.a
Cottonwood Hollow- Ruling-00CW 136
, 2001.
BY TH,9URT:
later Judge, Water Division No. 5
State of Colorado
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RECEIVED DEC 2. 7 2001
December 17, 2001
Stephen Heinig
Heinig Residence
0090 Cotton Hollow, Lane
Carbondale, CO 8123
RE: Heinig Residence — Existing ISDS System, 0090 Cotton Hollow Lane, Carbondale,
Garfield County, CO
SE Job No. 21183.01
Dear Mr. Heing:
Pursuant to your request, attached herewith is a letter/report presenting our findings in regard to our
evaluation of the adequate size and design of an existing Individual Sewage Disposal System (ISDS) at the
above referenced Site. Our opinion is based on our evaluation of the site conditions with information
provided by you for use in supporting your application to the Garfield County. This evaluation is pursuant
to Condition 4, listed in Garfield County Resolution 2001-48, concerning the approval of the Heinig
Special Use Permit Application. Our opinions and recommendations are in accordance with Garfield
County and the State of Colorado ISDS Regulations. The Garfield County must permit any proposed
improvement to the site. We have reviewed the information forwarded to us, evaluated the existing ISDS
design and have presented recommendations for the upgrade of the system to accommodate a total of 5
bedrooms as a part of our scope of work.
Conclusions:
Based on our findings we believe that the design of the existing approved ISDS system is adequate to serve
the needs of a total of 4 bedrooms in accordance with the Regulations of Garfield County and the State of
Colorado. In addition we believe that the design and installation of a proposed upgrade/retrofit to the
existing approved ISDS system, to serve the needs of a total of 5 bedrooms, is feasible in accordance with
the Regulations of Garfield County and the State of Colorado. The existing septic system is currently in
use and adequately functioning to serve the needs of a total of 4 bedrooms. Therefore we recommend that
its use continue to accept wastewater from the existing 3-bedr000m single-family unit and that it be
utilized to accept wastewater from the second dwelling unit. The second dwelling unit would need to be
limited to a single bedroom with no more than 2 persons in residence. We recommend the installation of
an Orenco System Effluent Filter at the outlet in the secondary chamber of the existing Septic tank.
The future addition of a second bedroom in the second dwelling unit will require a sizing upgrade/retrofit
to the existing system. We recommend that an additional concrete tank with a minimum volume of 250
gallons be installed in series with the existing septic tank. The tanks will discharge effluent to an
approximate 420 square foot expanded soil absorption system to serve a future second bedroom, if
proposed, along with the current proposed new 1 -bedroom addition and the existing 3 -bedroom house.
The addition soil absorption leaching chambers can be installed in natural soils. The addition soil
absorption area will meet all required setbacks and be installed adjacent to the existing absorption field in a
separate trench configuration. Approximately 6 new chambers will be required for the additional area.
Our Evaluation/Design calculations are outlined below.
502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313
SOPRIS ENGINEERING • LLC
civil consultants
Stephen Heinig
SE Job No. 21183.01
December 17, 2001
Page 2
Site Location:
The subject site is located at 0090 Cotton Hollow Lane, Lot 2 in the Cottonwood Hollow Subdivision,
adjacent to the south side of County Road 113, in Garfield County, Colorado. The site is situated in
Section 14, T 7 S, R 88 W of the 6th P.M. The Site comprises approximately 5 acres.
Existing Site Conditions:
The site includes a 3 -bedroom house with an attached garage structure. An existing permitted ISDS system
designed to serve a total of 4 bedrooms was constructed in June, 1993. The ISDS includes a 1250 gallon
septic tank and approximately 325 SF (21 leaching chambers) of absorption area in an assumed bed
configuration. The site has a general slope toward the South. Domestic water is supplied by an existing
registered well in excess of 100 feet from the closest point of the absorption field.
Proposed Site Conditions:
It is our understanding that you intend to construct a second residential dwelling unit up to 1000 S.F.,
above the existing garage. The wastewater drainage from this new facility will be discharged to the
existing ISDS. Current development plans propose that the second dwelling unit shall be limited to a
single bedroom with no more than 2 persons in residence. The tank and field size is adequate for this
usage without an upgrade to the system. See attached floor plan currently proposed.
The addition of a second bedroom in the second dwelling unit will require a sizing upgrade/retrofit to the
existing system. The proposed improvements will include a additional concrete tank, with a minimum
volume of 250 gallons, to be installed in series with the existing septic tank and additional soil absorption
leaching chambers to serve the needs of an equivalent 5 -bedroom house. We recommend that any new
additional absorption area, if proposed in the future be installed in a trench configuration. We recommend
the installation of an Orenco System Effluent Filter at the outlet in the secondary chamber of the existing
Septic tank or in the additional tank if required.
Subsurface Conditions:
A subsurface investigation and percolation test was conducted on May 28, 1993 by Don Owens of Garfield
County. The results are including in the existing ISDS permit. Groundwater was not encountered to a
depth of 10 feet in the profile boring. Percolation testing utilized three test holes, which yielded similar
absorption rates. The average percolation rate is 7 minutes per inch and is suitable for a conventional
absorption system.
Existing ISDS
The site includes an existing 3 -bedroom house with an existing ISDS system utilizing a 1250 -gallon septic
tank and a leaching chamber absorption bed consisting of 21 chamber in 4 rows of 5 and 1 row of 1. The
existing system was permitted by Garfield County on June 14,1993 (Permit No. 2075). The system is
reported to be adequately functioning.
Stephen Heinig
SE Job No. 21183.01
December 17, 2001
Page 3
The absorption system was sized based on 167 sq. ft of absorption area per bedroom, per documentation on
the permit. A gravelless absorption bed with 21 leaching chambers was permitted.
Therefore the absorption field is calculated as follows:
A = 4 bedrooms x 167 sq. ft. = 687 sq. ft absorption area with reduction to use 21 chambers.
Bedroom
Existing ISDS Analysis
The design flow for the existing system is based on a four-bedroom house.
From the State of Colorado I. S. D. S. Regulations;
Average daily flow (Q) = # of people x gal/person/day (avg. flow)
Existing Design flow (Qd) = # of people x gal/person/day x 1.5 (peaking factor) = gal/day
Maximum number of people is assumed to be 8 people.
Gallons per day for residential = 75 gal/person/day
Qd = 4 x 2 x 75 x 1.5 = 900ga1/day
The existing absorption field system is adequate to serve the needs of a 4 -bedroom flow equivalent.
Based upon the previous percolation test rates, the standard absorption area equation yields:
A (SF) = 0 *(t) 1/2 : where A = Area; Q = flow (gal/day)
5 t = time in minutes
For a bed configuration assume a 30.% area reduction.
Assume 15.5 S.F. per leaching chamber.
This equation will give a recommended minimum absorption area:
A = = 900 *(7) '2 = 476 S.F. 476 sq. ft (0.70) = 333 S.F = 21 OK existing area has 21 chambers.
5 15.5 S.F/chamber
Proposed ISDS Analysis
The design flow for the upgraded/retrofitted system is based on an equivalent five -bedroom house.
From the State of Colorado I. S. D. S. Regulations;
Average daily flow (Q) = # of people x gal/person/day (avg. flow)
Max. Design flow (Qmax) = # of people x gal/person/day x 1.5 (peaking factor) = gal/day
Maximum number of people is assumed to be 10 people.
Gallons per day for residential = 75 gal/person/day
Qmax = 5 x 2 x 75 x 1.5 = 1125_ga1/day
The Proposed absorption field system will serve the needs of the five -bedroom flow equivalent from the 2
dwelling units. Based upon the previous percolation test rates, the standard absorption area equation is:
A (SF) = Q *(t)' : where A = Area; Q = flow (gal/day)
5 t = time in minutes
Stephen Heinig
SE Job No. 21183.01
December 17, 2001
Page 4
For a bed configuration assume a 30% area reduction.
Assume 15.5 S.F. per leaching chamber.
This equation will give a recommended minimum absorption area:
A = = 1125 *(7) 1/2 = 595 S.F. 595 sq. ft (0.70) = 416 S.F = 27
5 15.5 S.F/chamber
Install a minimum of 6 additional leaching chambers in a separate trench configuration and 250 gallon of
additional septic tank storage.
System Recommendations
An effluent filter should be installed in the secondary compartment of the septic tank or in the additional
septic tank to reduce the biological loading to the absorption trenches and extend the life of the treatment
media in the absorption field. The effluent will be distributed from a new distribution box if an upgrade is
desired to the system. No garbage disposal systems are currently installed and we discourage there use
with the existing ISDS.
Our evaluation and recommendations are based upon data you supplied to us. If subsurface or site
conditions are found to be different from those presented in this report, we should be notified to evaluate
the effect it may have on the existing and/or proposed upgrade ISDS. If the County Environmental Health
Department requests changes or modifications to the system, we should be contacted to evaluate the effect
on our evaluation.
If you have any question or need any additional information, please call.
Sincerely,
SOPRIS ENGINEERING, LLC
Paul E. Rutledge
Des
DECLARATION OF PROTECTIVE COVENANTS
FOR COTTONWOOD HOLLOW SUBDIVISION
WHEREAS, GAILEN B. SMITH and PAMELA D. SMITH (Declarants)
are the owners of the real property described in Exhibit "A"
attached hereto and incorporated herein by this reference, which
property is s_tuated in the Cattle Creek area, Garfield County,
State of Colorado, described as the Cottonwood Hollow
Subdivision, as the same appears on the Final Plat filed for
record on , 1984 in the office of the Clerk and
Recorder, Garfield County, Colorado; and
WHEREAS, Declarants, being desirous of protecting property
values and protecting the health, convenience and welfare of the
owners of the lots in the Subdivision do hereby make, establish,
publish, declare and impose the following restrictive and protec-
tive covenants, conditions, uses, limitations and obligations;
and which covenants shall apply to all persons who now own or may
hereafter acquire an interest in any portion of the Subdivision
and all of which covenants shall be deemed to run with the title
of the land and inure to the benefit of and be binding upon the
Owner and the Owner's successors in interest in title to the
Subdivision or any portion thereof, so long as these restrictive
and protective covenants shall remain in force.
1.0 DEFINITIONS. As used in these Protective Covenants, the
following words and terms shall have the following meanings:
1.1 Subdivision shall mean Cottonwood Hollow Subdivision.
1.2 HOA shall mean Cottonwood Hollow Homeowners' Associa-
tion.
1.3 ACC shall mean the Architectural Control Committee
for the Subdivision.
1.4 Lot shall mean any lot, tract or parcel of land in
the Subdivision.
1.5 Unit shall mean a residential dwelling unit.
1.6 Owner shall mean the owner of a lot or unit in the
Subdivision.
2.0 HOMEOWNEFS' ASSOCIATION.
2.1 Homeowners' Association. Any and all owners of lots
in the Sudivision upon accepting a deed for that property agree
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to and shall be a member of, and be subject to, the obligations
and duly enacted bylaws and rules of the Cottonwood Hollow
Homeowners' Association. Voting in the Association shall be on
the basis of one lot, one vote.
The purposes for which this corporation shall be organized
are as follows:
A. To perform such architectural control, review and
planning duties and to enforce protective covenants, limita-
tions and restrictions governing the use and occupancy of
lands, and the construction and alteration of structures and
improvements upon the land.
B. To establish, maintain and enforce all necessary
and reasonable rules and regulations concerning the use of
all land and interest in land or property and property
rights owned, managed, or held by the Association and
members thereof.
C. To charge and collect such fees as may be set by
the Board of Directors for the use of facilities, properties
owned or operated by the Association, and its cost, assess-
ments, and fees will be made by the Association and payment
of the same shall be mandatory by the property owners within
the Subdivision. Such assessment shall become a lien on the
property to the extent not paid upon the recordation of a
Notice of Delinquent Assessment duly signed by the President
or Secretary of the Association. The Association shall have
the right to recover its reasonable attorney's fees, Court
costs and any other collection costs, in any legal
proceeding concerning delinquent assessments, or otherwise
pertaining to violations of these covenants.
2.2 Individual Septic Systems. It will be the responsi-
bility of the HOA to ensure proper maintenance of individual
septic systems. The program should include the annual inspection
and pumping of a system as necessary. Any and all expenditure
for pumping and maintenance of the septic system will be the sole
responsibility of the owner.
2.3 Maintenance of Cottonwood Hollow Lane. Road mainte-
nance and repair of the cul-de-sac, as well as snow removal,
shall be the responsibility of the HOA. The payment of such
upkeep shall be divided in a fair and equitable manner by the
owners of lots served by the cul-de-sac.
2.4 Plan of Augmentation. Each lot owner shall comply
with and be subject to the terms and conditions of the Plan of
Augmentation and any water rights under which any individual well
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is operated. Amendments to the Plan of Augmentation for Cotton-
wood Hollow Subdivision must be approved by the HOA. The HOA
shall then make Application to the Water Court. The HOA shall
not be held liable for any result of said Application, and the
lot owner shall reimburse the HOA for all cost and attorney's
fees in processing the Application..
3.0 EASEMENTS AND RIGHTS-OF-WAY.
3.1 Easements and rights-of-way for roads, driveways,
electricity, phone, lighting and any other kinds of public or
quasi -public utility service are reserved as shown on Exhibit
"A". No permanent barriers shall be erected or maintained on,
across, or within the areas reserved for easements or
rights-of-way, and access shall be provided as required.
3.2 Utility Lines. No new power lines, phone lines or
television cable shall be permitted unless said lines are buried
underground and out of sight from the transformer pole to the
structure, at the owner's expense.
3.3 Utility Easements. The existing fifteen (15) foot
wide utility easement shown on Exhibit "A" shall remain as
granted to Holy Cross Electric Association prior to the recording
of the Cottonwood Hollow Subdivision Final Plat, except that it
shall include, but not be limited to, telephone and cable televi-
sion lines. All new twenty (20) foot wide utility easements
shown on Exhibit "A" shall include, but not be limited to, elec-
tric power, telephone and cable television lines. Guy wires and
anchors may be located outside all easements with the approval of
the HOA. In the event that any new line cannot be located within
the easements as shown on Exhibit "A", the resulting easements
shall be so described in a metes and bounds description and
recorded with the Garfield County Clerk and Recorder. The loca-
tion of transformer poles providing service to each lot shall be
approved by the HOA.
4.0 MAINTENANCE OF PROPERTY.
4.1 The owner of each lot shall keep the same clear and
free of rubbish and trash and shall keep the structures thereon
in good repair, doing such maintenance as may be required for the
property.
4.2 No noxious or offensive conduct or activity shall be
carried on upon any lot or in any structure thereon which may
constitute a health hazard, nuisance or annoyance to the neighbor-
hood.
4.3 Clotheslines, equipment, garbage cans, service yards,
woodpiles, or storage areas shall be adequately screened by plant-
ing or construction to conceal the same from neighboring lots and
streets.
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4.4 The outside burning of trash, rubbish or other
materials shall be absolutely prohibited. Standard and approved
outdoor fireplaces shall be allowed for the preparation of
foodstuffs and heating only.
5.0 USE OF LOTS. Each lot owner shall comply with the
Garfield County Subdivision Regulations and the Garfield County
Zoning Regulations. These aforementioned regulations shall
govern the allowable use of the lot and designate any and all
restrictions of the land.
6.0 RESUBDIVISION PROHIBITED. The resubdivision of a lot is
prohibited; however, the combining of lots into one lot shall be
allowed, provided that the number of dwelling units on said new
lot does not exceed the number of dwelling units approved for the
separate lots before the single lot was created, and if approved
by Garfield County.
7.0 ARCHITECTURAL CONTROL COMMITTEE.
7.1 Committee. The Architectural Control Committee (ACC)
shall consist of three members who shall be initially designated
by the owner, for an initial term of ten (10) years. Thereafter
the terms shall be for five (5) years each and the members of the
ACC shall be appointed by the HOA, subject to the requirement
that they are a member of the HOA.
7.2 ACC Authority. The ACC shall have the responsibility
and authority to review, study, make recommendations and sugges-
tions for changes to, and approve or reject proposed improvements
within the area described in the plat map of the Subdivision, of
which these restrictive and protective covenants are made a part.
7.3 Rules. The ACC shall make such rules and by-laws and
adopt such procedures as it may deem appropriate to govern its
proceedings.
7.4 Approval of Plans. No building, landscaping, parking
or vehicular driveway, fence, wall or other improvement shall be
constructed, erected, altered or added to, on any lot until build-
ing plans and site plans and specifications showing color, loca-
tion, materials, landscaping, and such other information relating
to such improvements as the ACC may reasonably require shall have
been submitted to and approved by the ACC in writing. The owner
shall not forward any notice of approval of such plans to a plan-
ning, zoning, or building department of Garfield County until
such time as the ACC has completed its final review and approval
of such plans.
7.5 Criteria. In approving such plans and specifica-
tions, the ACC shall consider:
4
7.5.1 The suitability of the improvements and materials
which are to be constructed on the site considering
the location;
7.5.2 The nature of adjacent and neighboring improvements;
7.5.3 The quality of the materials to be utilized in any
proposed improvements;
7.5.4 The effect of any proposed improvement on the
viewplain of any adjacent or neighboring property;
7.5.5. The soil review for the site upon which any building
is to be constructed and the results of soil tests
for the particular site;
7.5.6 A drainage plan for the particular site and the
effect of such drainage plan upon the overall subdi-
vision drainage plan; and
7.5.7 The landscaping plan for a particular site which
shall include designated parking and drive areas.
7.6 Effect of the ACC's Failure To Act. In the event the
ACC fails to approve or disapprove plans and specifications
submitted to it within sixty (60) days of submission and no suit
to enjoin the construction has been commenced prior to the comple-
tion thereof, approval shall not be required and the related
covenants shall be determined to be fully complied with.
7.7 Liability of ACC. The ACC shall not be liable in
damages to any person submitting requests for approval or to any
lot owner by reason of any action, failure to act, approval,
disapproval, or failure to approve or disapprove with regard to
such requests.
8.0 STRUCTURES IN THE SUBDIVISION. All structures in the
Subdivision shall be designed to blend into and complement the
natural surroundings.
8.1 No more than one (1) single family dwelling shall be
erected upon any lot. Two (2) detached outbuildings used as a
garage, stable, barn, and/or shed are permitted if approved by
the ACC
8.2 All structures to be built on any single lot shall be
within the designated and platted building envelope, with the
exception of non -inhabitable outbuildings which may be sited
outside of the building envelope with ACC approval.
8.3 The mininum size of each single-family structure shall
be not less than 1200 square feet of floor area, exclusive of
open porches, garages and carport.
5
8.4 No structure shall be permitted on any lot which
exceeds twenty-five (25) feet in height from the highest natural
finished grade line immediately adjoining the foundation or
structure. No radio, short wave or television antenna over five
(5) feet above the highest roof line shall be permitt,._d unless
approved by the ACC.
8.5 No structure shall be erected by means of other than
new construction, it being the purpose of this covenant to insure
that old buildings will not be moved from previous locations and
placed upon a lot.
8.6 All structures shall have exterior materials of either
brick, stone, stucco, lumber, or a combination thereof. Exposed
cinderblock and concrete block shall not be allowed unless
approved by the ACC. Exposed concrete foundation walls should
either be clad with a siding material or screened from public
view with landscaping. Metal roofing is permitted provided it
is of an earthtone or natural green color.
8.7 Each structure shall be completed within one (1) year
from date of commencement of construction.
8.8 No structure of a temporary character, trailer, base-
ment, tent, shack, garage, barn or any other outbuildings of any
• description shall be used on any lot except on a temporary basis,
not exceeding six (6) months, by the construction company
constructing a structure on a lot.
8.9 Landscaping shall blend with natural vegetation. No
living tree shall be removed or cut down without approval of the
ACC. All areas cut, filled, or disturbed by any construction or
other activity shall be fully restored and landscaped.
9.0 FENCES. Architectural screen fences, limited to six (6)
feet above ground level and constructed of natural wood, are
allowed, providing they are located within the buildng envelope
and approved by the ACC. All other fencing shall be open, wood
post and wood rail, or wood post and plain wire (no barbed wire
shall be permitted). Fences shall be constructed no higher than
forty-two (42) inches high, preferably with a solid wood top
rail. Under no circumstances shall a fence cross Cattle Creek.
•
10.0 ANIMALS.
10.1 The grazing of livestock shall occur only in fenced
pasture area capable of supporting grazing. Animals are
restricted from grazing during non -growing seasons. A maximum of
four (4) horses per lot shall be allowed, except on the lots not
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capable of supporting livestock, those being 5, 6, 10, 12 and 13.
Paddock areas should be located on relatively flat ground and
constructed as herein provided..
10.2 Domestic animals must be kept within the boundary of
the lot of the owner. Dogs shall not be allowed to run loose.
They shall be fenced, chained, or housed.
10.3 Lots must be kept clean, sanitary and reasonably free
from refuse, insects and waste at all times.
10.4 No hunting, shooting, trapping or otherwise killing or
harming of wildlife shall be permitted.
11.0. EFFECT AND DURATION OF COVENANTS. These covenants run
with the land and shall be binding upon all parties and all
persons claiming under them until January 1, 2000, at which time
said covenants shall be automatically extended for successive
periods of ten (10) years unless by vote reflected by signed
documents duly recorded by the majority of then owners it is
agreed to change said covenants in whole or in part.
12.0 ENFORCEMENT.
12.1 Procedure for Enforcement. If any person shall
violate or threaten to violate any of the provisions of these
covenants, Owner or his successors or assigns, or any owner of
real property in the Subdivision may, but without obligation to
do so, enforce the provisions of the instrument by:
12.1.1 Entering upon the property where the violation or
threatened violation exists and removing, remedying
and abating the violation; such self-help shall be
exercised after having given fifteen (15) days prior
written notice to the owner or owners of the proper-
ty upon which the violation exists and provided the
owner shall have failed within such time to take
such action as may be necessary to conform to the
covenants; or
12.1.2 Instituting such proceedings at law or in equity as
may be appropriate to enforce the provisions of this
instrument, including a demand for injunctive relief
to prevent or remedy the threatened or existing
violation of these covenant and for damages.
12.1.3 In the event any party with any rights provided
under the terms of these restrictive and protective
7
•
•
covenants must bring legal action for the enforce-
ment of such covenants, then the prevailing party in
such action shall be entitled to the recovery of
reasonable attorney fees and costs of litigation,
including reasonable costs of expert witness fees,
if any.
13.0 AMENDMENT. A vote of two-thirds of the owners of the
various lots in the Subdivision shall be necessary to amend these
covenants until January 1, 2000.
14.0 SEVERABILITY. Invalidation of any one of the provisions
of this instrument by judgment or court order or decree shall in
no way affect any of the other provisions which shall remain in
full force and effect.
EXECUTED this
day of , 1984.
STATE OF COLORADO
) ss.
County of Garfield
GAILEN B. SMITH
PAMELA D. SMITH
The foregoing was acknowledged before me this day of
September, 1984 by GAILEN B. SMITH and PAMELA D. SMITH.
Witness my hand and official seal.
My commission expires:
Notary Public
8
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•
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 1984, by and between GAILEN B. SMITH
and PAMELA D. SMITH (hereinafter referred to as "Smiths"), and
the Board of County Commissioners of Garfield County, Colorado,
(hereinafter referred to as the "County").
WITNESSETH:
WHEREAS, Smiths are the owners of certain real property
located in Garfield County, Colorado, more particularly described
on Exhibit "A" attached hereto and incorporated herein by this
reference, which is filed on even date herewith, which real
property is now known as Cottonwood Hollow Subdivision (herein-
after referred to as the "Subdivision"); and
WHEREAS, as a condition of approval of the Final Plat for
the Subdivision, the Smiths wish to enter into this Subdivision
Improvements Agreement (hereinafter referred to as the "Agree-
ment") with the County; and
WHEREAS, the County has required and the Smiths have agreed
to provide security or collateral sufficient in the judgment of
the County to make reasonable provision for the completion of
certain public improvements as set forth on Exhibit "B" attached
hereto and incorporated herein by this reference; and
WHEREAS, the Smiths have agreed to execute and deliver
letters of credit to the County, running in favor of the County,
to secure and guarantee their performance for all phases of
public improvements to be installed pursuant to this Agreement
and have agreed to certain restrictions regarding the issuance of
building permits and certificates of occupancy within the
subdivision, all as more fully set forth hereinafter;
NOW, THEREFORE, for and in consideration of the premises and
the following mutual covenants and agreements, the parties hereby
agree as follows:
1. Smiths Performance. On or before October 1, 1986,
the Smiths agree to construct and install, or cause to be
constructed and installed, at their sole expense, those public
improvements set forth on Exhibit "B", as Phase II items 1
1
• through 5. On or before October 1, 1987, the Smiths agree to
construct and install, or cause to be constructed and installed,
at their sole expense, those public improvements set forth on
Exhibit "B", as Phase III items through 1 through 6. The Smiths
agree that all public improvements are to be completed as
identified on Exhibit "B" and shall be constructed in compliance
with the following:
a) All final plat documents submitted prior to or at the
time of the final plat approval.
b) All laws of the United States, State of Colorado and
its various agencies, affected special districts,
and/or municipalities providing utility services.
c) Such other designs, drawings, maps, specifications,
sketches and other matter submitted to and approved by
any of the above stated governmental entities.
The County agrees that provided such improvements are
installed in accordance with this Paragraph One, then the Smiths
shall be deemed to have satisfied all terms and conditions of the
zoning and subdivision laws, covering resolutions and regulations
of Garfield County, Colorado, including, but not limited to
Resolution No. , adopted by the County on
approving the preliminary plan for the Subdivision, and
411 Resolution No. , adopted by the County on
approving the Final Plat for the Subdivision.
2. Cost of Improvements. It is understood for purposes
of this Agreement that the cost of all of said public improve-
ments is $20,020.00, which is based upon the engineering cost
estimates set forth on Exhibit "B" for Phases II and III of the
Subdivision as well as the additional security to be provided for
improvements to existing County roads as specified hereinafter,
which amount the County finds reasonable and hereby approves and
accepts. The Smiths shall provide, on request of the County,
written confirmation of such estimates by Smiths' engineering
consultants.
•
3. Security for Improvements. On or before October 1,
1985, the Smiths shall deliver a letter of credit to the County
issued by a State or National Banking Institution licensed to do
business in the State of Colorado, an -d- a form acceptable to the
2
• County, which acceptance shall not be unreasonably withheld. The
amount of said letter of credit shall be equal to the sum
designated on Exhibit "B" for all construction costs associated
with the public improvements for Phase II of the Subdivision,
plus an inflation factor as provided for in Paragraph 4 below.
On or before October 1, 1986, the Smiths shall deliver a letter
of credit to the County issued by a State or National Banking
Institution licensed to do business in the State of Colorado, and
a form acceptable to the County, which acceptance shall not be
unreasonably withheld. The amount of said letter of credit shall
be equal to the sum designated on Exhibit "B" for all construc-
tion costs associated with the public improvements for Phase III
of the Subdivision, plus an inflation factor as provided for in
Paragraph 4 below. In the event the Smiths fail to deliver said
letters of credit to the County in the sum specified, for the
necessary public improvements for the 2nd and 3rd Phases of the
Subdivision, by the dates specified above, for each Phase, then
the Plat of the Subdivision may be vacated by the County, except
for that portion of the Subdivision designated herein as Phase I,
consisting only those lots specified on the Subdivision Final
Plat as Lots 1, 5, 6, 12 and 13, and in such event all approvals
of the Subdivision by the County shall be deemed to have been
withdrawn and rendered null and void by such vacation and all
parties shall be released from any further obligation here and
under, except as to the lots specified for Phase I of the
Subdivision on the Final Plat. Contemporaneously with the
• execution of this Agreement, the Smiths have delivered their
written consent to said vacation of the Final Plat in Phases as
specified above in the event acceptable letters of credit are not
delivered within the time specified and for the amount specified,
and this consent is binding upon their successors and assignees.
•
Upon the execution and recording of the Final Plat for the
Subdivision the Smiths may convey title to those lots designated
as Phase I on the Final Plat, consisting solely of Lots 1, 5, 6,
12 and 13, for which no additional public improvements are neces-
sary. Upon the Smiths delivering to the County said letter of
credit for the cost of the Phase II public improvements for the
Subdivision, as specified on Exhibit "B", the Smiths shall be
entitled to enter into pre -sales agreements for the sale of those
lots designated as Phase II on Exhibit "A", consisting solely of
Lots 2, 3 and 4. However, no title to these lots specified as
Phase II shall be conveyed; nor building permits issued, until
the County has accepted the completed public improvements for
3
•
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•
Phase II of the Subdivision as set forth on Exhibit "B". Upon
the Smiths delivering to the County said letter of credit for the
costs of Phase III public improvements for the Subdivision as
specified on Exhibit "B", the Smiths shall be entitled to enter
into pre -sales agreements for the sale of these lots designated
as Phase III on Exhibit "A" consisting solely of lots 7, 8, 9, 10
and 11. However, no title to these lots, specified as Phase III
of the Subdivision, shall be conveyed nor building permits issued
until the County has accepted the completed public improvements
for Phase III of the Subdivision as specified on Exhibit "B".
Upon delivery to the County of said letters of credit, the County
shall issue written approval, in a form recordable in the Office
of the Recorder of Garfield County, Colorado, stating that said
letters of credit have been provided pursuant to this Agreement,
and that pre -sales agreements for each respective Phase may be
entered into. However, the County shall not be required to issue
building permits for any buildings to be constructed within Phase
II or Phase III of the Subdivision until such time as all
improvements for such respective Phases have been accepted by the
County, which acceptance shall not be unreasonably withheld,
provided that in the event weather or other factors, beyond the
reasonable control of the Smiths, delay construction of
improvements, such delays shall not prevent the issuance of
building permits so long as the respective letters of credit
remain in full force and effect. Upon receipt from the Smiths of
their professional engineer's certification that the public
improvements set forth on Exhibit "B" for Phase II of the
Subdivision have been completed and paid for, the County shall
return to the Smiths the letter of credit securing the Phase II
public improvements, as specified on Exhibit "B", and marked
"satisfied in full" and shall acknowledge that all such Phase II
improvements have been completed in a satisfactory manner and
shall otherwise release the aforesaid letter of credit for the
Phase II improvements, and a recordable form if requested by the
Smiths. Upon receipt from the Smiths of their professional
engineer's certification that the public improvements set forth
on Exhibit "B" for Phase III of the Subdivision have been
completed and paid for, the County shall return to the Smiths the
letter of credit securing the Phase III public improvements, as
specified on Exhibit "B", and marked "satisfied in full" and
shall acknowledge that all such Phase III improvements have been
completed in a satisfactory manner and shall otherwise release
the aforesaid letter of credit for the Phase III improvements,
and a recordable form if requested by the Smiths.
4
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•
The County may, at its option, permit the Smiths to substi-
tute other collateral acceptable to the County for the collateral
originally given by the Smiths, to secure the completion of the
improvements as hereinabove provided.
4. Inflation Adjustment. As provided in Paragraph 3
above, the amount of collateral shall be adjusted on an annual
basis for inflation based upon the Consumer Price Index, Denver,
All Urban Consumers Index, A11 Items, 1967 = 100, published by
the United States Department of Labor, Bureau of Labor Statis-
tics. Each year during the term of this Agreement, commencing on
the first day of October of each year, the base amount of the
collateral shall be adjusted by computing the increase, event,
and the cost of living for the preceding year, and adding the
same to the base amount of the collateral. The base index number
shall be the CIP number for July, 1984 of 349.9, and the
corresponding CPI number for the months of each succeeding year
shall be the current index number. The increase, if any, between
the base index number and the current number (expressed as a
percentage) shall be multiplied by the base amount of the
collateral and any resulting positive product shall be added to
the base amount of the collateral and the total thereof shall be
the adjusted amount of collateral. The parties hereby agree that
a new letter of credit will be issued which will equal the amount
of the adjusted amount of the collateral.
If at any time during the term or any extension hereof, said
Consumer Price Index is no longer published, the parties shall
use such other index as is generally recognized or accepted for
the purpose of making similar determinations of purchasing power.
5. Security for Improvements to Existing County Roads.
It is a requirement for the Subdivision to Participate in the
area road plan, in the event one is created, or in such area road
improvements as may be constructed within 5 years of the
recording of the Final Plat, in the manner specified herein, and
to provide security for such improvements in the manner specified
herein. The amount of $750 per lot for each of 11 lots of the
Subdivision, being all lots of the Subdivision excepting Lots 4
and 11, shall be secured with a letter of credit, in a form
acceptable to the County, running to the benefit of the County,
to be delivered to the County prior to the conveyance of any lots
of the Subdivision, except Lots 4 and 11. Said letter of credit
is to be used to secure the Smith's performance and participation
in an area road plan or actual road improvements done, within 5
5
•
years of the recording of the Final Plat for the Subdivision, for
road improvements on Garfield County Road 113 from just below its
intersection with Garfield County Road 112 up to and including
the County Road through the Subdivision. Any letter of credit
required to secure the Smith's performance and participation in
any improvements to the existing County Road serving the
Subdivision, as specified herein, shall be in addition to or a
part of, any other letters of credit required to secure the
public improvements necessary for Phases II and III of the
Subdivision as specified in Exhibit "B", or the Smiths may elect
to include such additional amounts of securities as additions to
any outstanding letter of credit required pursuant to this
agreement. Should an area road plan not be instituted within a 5
year period from the recording of the Final Plat of the
Subdivision, then the Smiths shall be released from all liability
for the provision of security for improvements to the existing
County Roads serving the Subdivision, and any letters of credit
delivered to the County, in accordance with this Paragraph, as
security for improvements to the existing County Roads serving
the Subdivison shall be released.
6. Notice of Deficiencies. If the County determines
that the improvements within any Phase are not constructed in
compliance with the Specifications therefore, it shall furnish a
written list of specific deficiencies to Smiths. If the deficien-
III
cies have not been corrected, or if satisfactory arrangements
have not been made to correct such deficiencies, within 30 days
after the list is furnished to the Smiths, the County may draw on
such delivered letters of credit for such funds as may be neces-
sary to complete the construction of the required improvements in
accordance with such Specifications.
7. Improvement Sequence. Paving of the street improve-
ments required to be completed by October 1, 1987 shall not be
done until all utility lines to be placed in or under the streets
have been completely installed.
8. Cash in Lieu of Land Dedication for School Impact.
The Smiths have negotiated with the Roaring Fork SchooL District
RE -1 and both parties have agreed that the Smiths will deposit
with the Garfield County Board of County Commissioners a total of
$1,139.05, to be paid to said school district in payments of
$103.55 as each of the eleven (11) new home lots are sold, to be
utilized for future school site acquisitions in lieu of land
dedication.
•
9. Enforcement. In addition to any rights which may be
provided by Colorado Statute, it is mutually agreed that the
County or any purchaser of a lot or unit within the Subdivision
shall have the authority to bring an action in the District Court
of Garfield County, Colorado, to compel the enforcement of this
6
•
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•
Agreement. Such authority shall include the right to compel
rescission of any sale, conveyance, or transfer of any lot or
unit contrary to the provisions of this Agreement, or as set
forth on the Plat of the Subdivision, or in any separate recorded
instrument. Any such action shall be commenced prior to the
issuance of a building permit by the County for such lot or unit;
and in the event no such action is so commenced, then the County
and any purchaser shall be deemed to have waived their rights and
authority herein provided.
9. Approval of Plat. The County agrees to approval of
the Plat subject to the terms and conditions of this Agreement.
10. Amendment. This Agreement may be amended from time
to time, provided that such amendment be in writing and signed by
the parties hereto.
11. Binding Effect. This Agreement shall be a covenant
running with the title to each lot or unit within the subdivision
and the rights and obligations as contained herein shall be
binding upon and inure to the benefit of Smiths, their heirs,
successors and assigns.
Done this
ATTEST:
day of , 1984.
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
CHAIRMAN
CLERK AND RECORDER OF
GARFIELD COUNTY, COLORADO,
EX OFFICIO CLERK TO THE
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
GAILEN B. SMITH
PAMELA D. SMITH
7
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ARTICLES OF INCORPORATION
OF
COTTONWOOD HOLLOW HOMEOWNERS' ASSOCIATION
In compliance with the requirements of the Colorado
Non -Profit Corporation Act, C.R.S. 1973, Article 7-20-101, et
seq., the undersigned, of full age acting as Incorporator, this
day proposes to form a corporation not for profit and does hereby
certify:
ARTICLE I
NAME
The name of the corporation is COTTONWOOD HOLLOW HOMEOWNERS'
ASSOCIATION, hereinafter called the "Association".
ARTICLE II
REGISTERED OFFICE AND AGENT
The registered office of the Association shall be 5062 113
Road, Glenwood Springs, Colorado 81601, and the Registered Agent
of the Association, whose address is identical to that of the
Association, shall be Gallen B. Smith.
ARTICLE III
PURPOSES OF THE ASSOCIATION
The Association does not contemplate pecuniary gain or
profit to the members thereof, and the specific purposes for
which it is formed are to provide for maintenance, preservation
and architectural control of the lots of the property known as
the Cottonwood Hollow Subdivision as set forth in the plat to be
recorded with the Clerk and Recorder of Garfield County, Colo-
rado, and to promote the health, safety and welfare of the
residences within the above-described property and any additions
thereto as may hereafter be brought within the jurisdiction of
this Association for this purpose to:
(A) Exercise all of the powers and privileges and perform
all of the duties and obligations of the Association as
set forth in that certain Declaration of Protective
Covenants for Cottonwood Hollow Subdivision,
hereinafter called the "Declaration", applicable to the
property and to be recorded in the office of the Clerk
and Recorder of Garfield County, Colorado, and as such
Declaration may be amended from time to time as therein
1
111 provided, said Declaration being incorporated herein as
•
•
if set forth at length;
(B) Fix, levy, collect and enforce payment by any lawful
means, all charges for assessments pursuant to the
terms of the Declaration;
(C) Pay all expenses in connection therewith and all office
and other expenses incident to the conduct of the
business of the Association, including all licenses,
taxes or governmental charges levied or imposed against
the property of the Association;
(D) Acquire (by gift, purchase or otherwise), own, hold,
improve, build upon, operate, maintain, convey, sell,
lease, transfer, dedicate for public use or otherwise
dispose of real or personal property in connection with
the affairs of the Association;
(E) Borrow money, and with the assent of two-thirds (2/3)
of the votes of the members, mortgage, pledge, deed in
trust, or hypothecate any or all of its real or
personal property as security for money borrowed or
debts incurred;
(F) Participate in mergers and consolidations with other
non-profit corporations organized for the same purposes
or annex additional residential property, provided that
any such merger, consolidation or annexation shall have
the assent of two-thirds (2/3) of the votes of the
members;
(G) Have and to exercise any and all powers, rights and
privileges which a corporation organized under the
Non -Profit Corporation Law of the State of Colorado by
law may now or hereafter have or exercise.
ARTICLE IV
MEMBERSHIP
Every person or entity who is a record owner of a fee or
undivided fee interest in any lot or portion thereof which is
subject by covenants of record to assessment by the Association,
including contract sellers, shall be a member of the Association.
The foregoing is not intended to include persons or entities who
hold an interest merely as security for the performance of an
obligation. Membership shall be appurtenant to and may not be
separated from ownership of any lot or portion thereof which is
subject to assessments by the Association. The owner or owners
of a lot which is subject to assessment by the Association shall
2
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•
be entitled to one vote for each lot owned which is subject to
assessment by the Association. When more than one person holds
an interest in any lot or portion thereof which is subject to
assessment by the Association, all such persons shall be members.
The vote for such lot or portion thereof which is subject to
assessment by the Association shall be exercised as they among
themselves determine, but in no event shall more than one vote be
cast with respect to any lot which is subject to assessment by
the Association.
ARTICLE V
BOARD OF DIRECTORS
The affairs of the Association shall be managed by an
initial Board of two (2) Directors. The number of Directors may
be changed by amendment of the By -Laws of the Association. The
names and addresses of the persons who are to act in the capacity
of Directors until the selection of their successors are:
GAILEN B. SMITH P.O. Box 116
Glenwood Springs, CO 81602
PAMELA D. SMITH P.O. Box 116
Glenwood Springs, CO 81602
ARTICLE VI
DISSOLUTION
The Association may be dissolved with the assent given in
writing and signed by not less than two-thirds (2/3) of the votes
of the members. Upon dissolution of the Association, other than
incident to a merger or consolidation, the assets of the Associa-
tion shall be dedicated to an appropriate public agency to be
used for purposes similar to those for which this Association was
created. In the event that such dedication is refused accep-
tance, such assets will be granted, conveyed, and assigned to any
non-profit corporation, association, trust or other organization
to be devoted to such similar purposes.
ARTICLE VII
DURATION
The corporation shall exist perpetually.
ARTICLE VIII
AMENDMENTS
Amendment to these Articles shall require the assent of
two-thirds (2/3) affirmative votes of the members.
3
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IN WITNESS WHEREOF, for the purpose of forming this corpora-
tion under the laws of the State of Colorado, I, the undersigned,
constituting the incorporator of this Association, have executed
these Articles of Incorporation this day of September,
1984.
GAILEN B. SMITH
STATE OF COLORADO
ss.
County of Garfield
Subscribed and sworn to before me this day of Septem-
ber, 1984 by GAILEN B. SMITH.
Witness my hand and official seal.
My commission expires:
4
Notary Public
.-961ontaMOWSuataatAft..1.01,,t2/010eallado,...-.....n.,601,...rese .wanatworoa. An.semew.,,
DIST:1CT COUP.T 1:1 A:::)
AT1:1 ji.
STATF OF COLOnOD
AITlication
'- oF APPLICTIM
MHTS F
T 1U1.1:1C o1 RFFE11,1
!-:A11 1 YATTI: )
L2,11,11.L)
a1)ovo chtitIce. alication WJS Mud on 1;eptenLel
11120, uand has referral toundcr:i,:hcd hs nter Roferee for
S,o t o Or Colora,lo hy tLo atcr •J i:&2 of
(011 0' 0- 2Ar0 (10)' 01 O0t01.JY, ihi aCCOY(MhLc
°' 01 (111,1per Co1ova,!0 l'sevised .tlatutes
1.11L0,:n hs the .nter Icierninhtlon and Adninistratioh Act
of
Ahd tho
Ilado such investi•atiohs
is arc necessary 0 ,lotcrino w!ior:lor nr not t]ic in
hiylication r true and IthvH: Fully advised
rc:;pect to th: Hhtter of -1icntion does licr,:1,7
1!!,:‘ FolloHnr: deter-Airtion 1:1111 as ti,,2 ih
:ulttcr, to
1. s t a 1 c.w n 1 0 th,! h:Tlication aro truo.
hhme:-, of thc strctur,'s involved in thc
Ilk:0, 2,„ H ; Oro t 1!Y, a t (20
11 )t1
nhy,ieti 01 1:11(.' C 11 1 ancl, adress :
1. cVoy 1 :;a .1cVcy U2 ounty ilo.ad 113; Carl-,ond;,Ln,
Colorado.
11 000rco of tho wator is frou wells
dcl)tlis of lus 11:an 100 and 1)01;): trikutary to CaLtic
Crooh, tril,titary to Cle•rwhriu:', For!
!!). 1.1e hpl)lichl;ts arc t!,e ownrs of 111T10X1120t.yly
72 acros ot 1 0111 1acated in Lols 7 alid Soction 12, 11n.1
in 1:11c :;11-1/4S-1/1 of Soction 12, 7 S., 1. S U. of ti,e
6th P. it, HA,HviCie to larni
on(' o 111. woll!; ,iii 1:2 1o0
co eacli o i tic i0t.
•
1
hach well \.i11 have the capacity to purlp
(.033 cfs) with an :,::al ap,proi).riJtion from each we11 Hf
acre feet. 'He total anhual apprepriotion From the 33 wells
will Lc 70 acro feet. he proposed wells will withdraw otcs
tribu1ary to 02 1 1 1 L ic. .and the llooring For; River.
7. use Crom the well: will Le COY 0)
in-house doLc:,tic water 5urp1y, watoriag of eile horse per
dwellii,g unit, for irriL.,atioh or to 1,00n scluare Feet
o f lawn and gavdeh In addition, the
wa;or rroH wells 001111 also io availahle for Eire
protect1 : t. roposod subd iv on .
, . hO:; filed aa application Cor o %..(211
wit ii the (:,tate
;1, 1» 11* liCatiOn 12 ponOlIl. iii permit applications
for the t.;t.:01- ••• !:uhdiv ision will 1 filed
w itn the 1;tatc :11 sow: as the tulbse,luent purchasers
o r the subdivided lot. desire to do so.
The ..,,plicant owns ::oVe ,teservoir, 11 decreed
'• a tor 0101t in t• e o oc ree Iiisol.tite and in the
Hiunt o r 1 (I) ;-• ro fee coa Iiti ()hal. : , i •I decice was el, te red
t r t i Cou oh .1.- . 1:117 50; , 1'200 i
:1,11 ;1prl1 2 1 there ror hav 100 0 L t 0 t!ly
YAlcd 1)11 1)V ,aler derce on :ieptei.lber
-ource o; Ho wator for this water right is
Cattle rrvell, tiilutarY to the lloarin, 1 01 Piver. Any
00115'1'1 10 use or the waters rroli the proposed
\.ells will o offset Ly releases Oro: :!cVey Reservoir to
the extent of- injuvy.
„hiter wi, ,lrawn throw,:, said 31 wells and
i for .;1 ic e—os will ho re111211Cd 1 0 t110 1;1111 1.0
ot 02111 L0. ly ulo ofindiHdual septic systu:o;
ahy retuvi, Hoh,, from iawa Afld ,,Ni'd(211 irrigation within
t.suIdivision will also roturn to to hydraulic system 01
1.211 12' oreeh.
ii. The consumptive use of tilo proposed in-house
1 10 systems, 1110 1 imi tc r . terihg and t110 201' i 'oti on
am: s and 90,1d ens wi 1111 11 tile sub,: i 0 1 i on will be app rox i >11i Le ly
.lo acre feet0111'1l1'tile i r 10 111 i on season . Th 1 s consumptive
usc total is hosed upon acceptable ohgircering standards 10f
the nor:,ickl consuption of .water For ih-licuse use, the watering
or 110 mere t"head of horses :1:, 1 irrigatjon of a
1 :io 12 1171 Of 51),Ot! 5011OrC :cyt :1Crt-,) or lawns and
;)hvsical ly for the 1011divi.
ap:,ears to 1'e :idouate hosed uper a test hole drilled by the
whicHv.e1 :
.de" approxii.lately 1.;0 Tho (12111110
o, said test hole together uith 01.11CF worl onsite entitles the
:pplicant to a conditional water right for each of Clic 5', pro-
posed wells. Additional'evidence supporting said conditional
wt:lor rights are the retention or professional engineer,
preparation or an 01l0ifl0(Flil0 analysis of the suLdivision
wator requiropents, nnd the oF tbe opplication herein.
The date of ap,propriation for said coaditional well ri.!,h1s
s yell 20 , . Thc - num t foi 1 1011 is 13111,1
(.055 cfs) uss to 1,c, doriestic, stocLuatering 1111:1.
and ,,,arden irriatior. It is anticivated thttt the Pry -
posed uses of the wells duriag the (0 season 1,:11
t (.011150 000 : t(rial jury 10 105 11 a t C I I' S 1)112211
:O:1 the fact that there had been 1:0 calls onn (:attle Creeh
d:lh: said ..,:caon. Li211 21J1 IIIHry to vested water
•
SOCW359
rights durin3 times of call in the irrL,ation season will be
offset by the proper administration or the awgmentation plan
approved erein,
13. Icleases Fro'l YcVey 7c.rvoir for rie operation
of thi:; augmentation plan 1.:1;c nTder of tho
ater Coy.lmissioi-!er an.1 Lo ivisi .11 the ApplicTint
tae 1,:1atevyr 1..:;1y or :Irotcctiv,2
c0vo03:tS, FV ;i k :,.itor fr or
aro appro:riately 111'.11te,J. b aecorHmc- 1. 1J1 t]le terms of CHs
T).c it1wv(_,
1' : , t C .• t i• 1. t
. 1 1
1 ;: _133t -ed,
, , ,
:1111,JCCL
t0il.it3t.i01n 13 ;1r(irth above. Unappro-
‘:ater iA di.ersion in the Cattle Crce
and th,' v,•:,: c,Co t 1 111 not he ).laterially
injured by th.., o,icrLien of Cx wells i1 accordance with the
plan For au'gLentatien.
;:ach of th: is entiticd 10 3 conditional water
le root or uater ..;'cond Of tile,
do;•lestic, livestool.
.H12, )mrposes. offico of
1 1 .h.;!;uc drilli :)ernits for
uells ulon ora'ppropriate 1. 1 1 'c i 1 pplictions.
An ap1 icnt
For quadrennial rinding or reasonable
di1i2,eLee c riled ir1lllrcl o i d in ::arch uf
[0;;Fl.h yo:iF a13 claiHant
t sILtsin these co:,11Lion3l v;ater ri.ghts or until
a determinatio" 1)(2U11 ;,1;k1e that these conditional ‘]ater
have be.come absolute water rights by reason of the
oC thc
The ,.%ater 1 i 1t S heroin award.:d cre filed in the water
Court in the year MO and shall 1,o ad;.:inistered as having LCC11
filed in that year; and shall be jin,ior to all priorities filed
in previous years. As bet,,oel, all
1'
riP2d in the sno
111' year, ;,rioriti-s :!11 y historical
of zpl-ro:Irliov 0 t ;Ilito(.! C:Ito (j.
ef
•
•
mos..vf,,,k4.roglow4raummeate,..vaptifatatuaLia--4*,...meahima,aukAsavaimundiagait6:Akteetatatiolillgaiemesmoimasaniot 4A.nv..nt". -t.adrzza;,
t;aC13:;(.)
It is accordingly ORDIld:D that this ruling shall bo
filed ‘Lith the ater C1cri 11i sia1l 1,CCOMC effective upon
such sulject to iudicial reviev. pursuant to Section
r.k.fl. 1Y73.
It is further ORDEnD that a copy of this ruling shall
be filed with the a,dpropriate Division Enincer and the State
i neer
Done at the ity of Clonwood SprinL;S, Colorado, this
/3 day or /t0191,e4; /-/ '8I
P.LFLRIT.:
c.er6c
er Division No.
.;-t.ate of Colorado
;) I 01 led n :•; 11 r , and accord inL; 1 y
t . ;1 i rLed ,tp!)rov.,..d , nnJ i s Luide the
Hid-..efee el1 Court; :rovi:od however, that ti1w
ni)u.o‘ :t 1 or thi 1 r HI -,ha 1 1 1 c sub j cc:1*
con:, 1.1c t i on 1 LiC it(sr ,7i11e 011 .iw•I; I IW1 OF injury to
t: vc.:.; 0.1 rirhi r oti'r..:‘ir 111!, ‘;' r C n t !; C
rs succe i t he yc:11 i i cli t his do C 15 i on
is rendered.
!inted
•
•
•
CONSENT TO VACATION OF PLAT
GAILEN B. SMITH and PAMELA D. SMITH, as the owners of
certain real property located in Garfield County, Colorado,
and more particularly described as Cottonwood Hollow Subdivi-
sion and pursuant to the Subdivision Improvement Agreement
dated , 19 , and subsequent amendment
between themselves and the Board of County Commissioners of
Garfield County, Colorado, which agreement provides inter
alia that if a letter of credit issued by a national or
state banking institution for the construction of subdivi-
sion improvements in a form acceptable to Garfield County
has not been delivered on or before , 19 ,
the subdivision plat of the Cottonwood Hollow Subdivision
shall be vacated in Phases as described in Item Three (3) of
the Subdivision Improvements Agreement. By this instrument
delivered to the County of Garfield, by the aforesaid GAILEN
B. SMITH and PATRICIA D. SMITH, the consent of GAILEN B.
SMITH and PATRICIA D. SMITH is hereby givers to the filing of
such instruments of vacation that the County may deem proper
or advisable.
Dated this
day of , 1984.
STATE OF COLORADO
ss.
County of Garfield
GAILEN B. SMITH
PAMELA D. SMITH
Subscribed and sworn to before me this day
of , 19 , by GAILEN B. SMITH and
PAMELA D. SMITH.
Witness my hand and official seal.
My commission expires:
Notary Public
580234101 DEED OF TRUST
PARTIES: This Deed of Trust is made on JUNE 28 , 1996 , among the Grantor,
STEPHEN M HEINIG AND KAREN ANN OLSON
("Borrower"), the Public Trustee of
County, in the State of Colorado ("Trustee"), and the Beneficiary/LLPINE BANK
whose address is
GARFIELD
137 MIDLAND AVE. PO BOX R BASALT CO 81621 ("Lender").
CONVEYANCE: For value received, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the real estate described
below and all rights, easements, appurtenances, rents, leases and existing and future improvements and fixtures (all called the "property").
BORROWER'S MAILING ADDRESS:
0090 COTTON HOLLOW LANE CARBONDALE CO 81623
(Street) (City) (State) (Zip Code)
PROPERTY ADDRESS•
0090 COTTON HOLLOW LANE CARBONDALE
(Street)
, Colorado 81623
(City) (Zip Code)
LEGAL DESCRIPTION:
Lot 2, Cottonwood Hollow Subdivision amended Plat of Lots 2 & 3
recorded 3-3-89 as reception #399553.
County of Garfield, State of Colorado
495436 B-984- P-243 07/08/96 021,01P PG 1 OF 2 REC DOC NOT
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 11.00
located -in- GARFIELD County, Colorado..
TITLE: Borrower covenants and warrants title to the property, except for encumbrances of record, municipal and zoning ordinances, current
taxes and assessments not yet due ander $120, 000.00 DATED HAY 11, 3.994 TO ALPINE BANK AND TRUST RECORDED 5-16-94 BOOK 902
PAGE 441, ASSIGNED KEY CORP. 5-16-94 BOOK 902 PAGE 446 RECEPTION 463146.
SECURED DEBT: This deed of trust secures to Lender repayment of the secured debt and the performance of the covenants and agreements
contained in this deed of trust and in any other document incorporated herein. Secured debt, as used in this deed of trust, includes any
amounts Borrower owes to Lender under this deed of trust or under any instrument secured by this deed of trust and all modifications,
extensions and renewals thereof. The secured debt is evidenced by (List all instruments and agreements secured by this deed of trust and
dates thereof.):
PROMISSORY NOTE #0580234101 DATED JUNE 28, 1996 IN THE AMOUNT OF
$50,000.00 EVIDENCING A REVOLVING LINE OF CREDIT.
The above obligation is due and payable on JUNE 10 , 2006 if not paid earlier.
The total unpaid balance secured by this deed of trust at any one time shall not exceed a maximum principal amount of
FIFTY THOUSAND AND 00/100 Dollars ($ 50, 000.00 ), plus interest,
plus any amounts disbursed under the terms of this deed of trust to protect the security of this deed of trust or to perform any of the
covenants contained in this deed of trust, with interest on such disbursement.
Future Advances: The above debt is secured even though all or part of it may not yet be advanced. Future advances are contemplated
and will be secured to the same extent as if made on the date this deed of trust is executed.
Variable Rate: The interest rate on the obligation secured by this deed of trust may vary according to the terms of that obligation.
❑A copy of the loan agreement containing the terms under which the interest rate may vary is attached to this deed of trust and
made a part hereof.
RIDERS: ❑Commercial ❑
SIGNATURES: By, igning below, Bo� •wer agrees to the terms and covenants contained in this deed of trust, Including ose on page 2 and in
any igned by Borrow,escribed above. Borrower also acknowledges receipt of a copy of this .ead
M HEI 78-64-0621
ACKNOWLEDGMENT: STATE OF COLORADO,
Corporate or
Partnership
Acknowledgment
FORM 4
01985 BANKERS SYSTEMS, INC., ST. CLOUD, MN 56301 (1-800-39 - - - SCP-MTG-CO 713/91
551 475
YT4s� c� , County ss:
This instrument w s acknowled ed bef re me this /--C-F day of
by
E
fTitie(s))
Witness my hand and official se
MXi12- I s
(-)=7,t-ux-
(Name of Corporation or Partnership)
on behalf of the corporation or partnership.
(Notary Public)
COLORADO
(page 1 of 2)
07.
• •
,� !7� ,,gOVENANTS
1. Payments. Borrower agrees to make all payme fin' .seoUr.6ci. -Lt when due. Unless Borrower and Lender agree otherwise, any payments
Lender receives from Borrower or for Borrower'>i bsfiefit will be aR.M first to any amounts Borrower owes on the secured debt (exclusive of
interest or principal), second to interest, and th j ey'princi al f pa .l s -payment of the secured debt occurs for any reason, it will not reduce
or excuse any scheduled payment until the secured pebt fu Z
2. Claims Against Title. Borrower will pay all taffes, ssess yen}s, a . .t ' r charges attributable to the property when due and will defend title to
the property against any claims which would impa'-.the lien of thi • of trust, Lender may require Borrower to assign any rights, claims or
defenses which Borrower may have against parties who, supply I- • • • aterials to improve or maintain the property.
3. Insurance. Borrower will keep the property insured .;Lh$br :," acceptable to Lender at Borrower's expense and for Lender's benefit. All
insurance policies shall include a standard mortgage cla. !• or of Lender. Lender will be named as loss payee or as the insured on any such
insurance policy. Any insurance proceeds may be applied, within Lender's discretion, to either the restoration or repair of the damaged property
or to the secured debt. If Lender requires mortgage insurance, Borrower agrees to maintain such insurance for as long as Lender requires.
4. Property. Borrower will keep the property in good condition and make all repairs reasonably necessary.
5. Expenses. Borrower agrees to pay all Lender's expenses, including reasonable attorneys' fees, if Borrower breaks any covenants in this deed
of trust or in any obligation secured by this deed of trust. Borrower will pay these amounts to Lender as provided in Covenant 9 of this deed of
trust.
6. Prior Security Interests. Unless Borrower first obtains Lender's written consent, Borrower will not make or permit any changes to any prior
security interest. Borrower will perform all of Borrower's obligations under any prior mortgage, deed of trust or other security agreement,
including Borrower's covenants to make payments when due.
7. Assignment of Rents end Profits. Borrower assigns to Lender the rents and profits of the property. Unless Borrower and Lender have agreed
otherwise in writing, Borrower may collect and retain the rents as long as Borrower is not in default. If Borrower defaults, Lender, Lender's
agent, or a court appointed receiver may take possession and manage the property and collect the rents. Any rents Lender collects shall be
applied first to the costs of managing the property, including court costs and attorneys' fees, commissions to rental agents, and any other
necessary related expenses. The remaining amount of rents will then apply to payments on the secured debt as provided in Covenant 1.
8. Leaseholds; Condominiums; Planned Unit Developments. Borrower agrees to comply with the provisions of any lease if this deed of trust is on
a leasehold. If this deed of trust is on a unit in a condominium or a planned unit development, Borrower will perform all of Borrower's duties
under the covenants, by-laws, or regulations of the condominium or planned unit development.
9. Authority of Lender to Perform for Borrower. If Borrower fails to perform any of Borrower's duties under this deed of trust, Lender may
perform the duties or cause them to be performed. Lender may sign Borrower's name or pay any amount if necessary for performance. If any
construction on the property is discontinued or not carried on in a reasonable manner, Lender may do whatever is necessary to protect Lender's
security interest in the property. This may include completing the construction.
Lender's failure to perform will not preclude Lender from exercising any of its other rights under the law or this deed of trust.
Any amounts paid by Lender to protect Lender's security interest -wilt be-securetttby-this-deed-of-trust: Suctrarrrounts-will be -due -on -demand and
will bear interest from the date of the payment until paid in full at the interest rate in effect on the secured debt.
10. Default and Acceleration. If Borrower fails to make any payment when due or breaks any covenants under this deed of trust or any
obligation secured by this deed of trust, Lender may accelerate the maturity of the secured debt and demand immediate payment and may
invoke the power of sale and any other remedies permitted by applicable law. If this deed of trust secures a loan subject to the Colorado
Uniform Consumer Credit Code, a notice of default and right to cure may be required before any remedy is exercised.
11. Power of Sale. If Lender invokes the power of sale, Lender shall file a written notice of election and demand for sale with the Trustee.
Trustee shall record a copy of the notice of election and demand for sale in the county in which the property is located. Trustee shall advertise
the property for sale for the time and in the manner provided by applicable law, and shall mail a copy of the notice of sale to the Borrower, and
to other persons required to be notified by applicable law, within 10 days after the date of first publication. Trustee shall then sell the property
(en masse or in separate parcels) at public auction to the highest bidder for cash at the time and place and under the terms designated in the
notice of sale. Lender or Lender's designee may purchase the property at any sale. Trustee shall deliver to the purchaser Trustee's certificate
describing the property, the sums paid for the property and the time when the purchaser will receive a deed to the property from the Trustee,
unless the property is redeemed as provided by law. Trustee shall apply the proceeds of the sale in the following order: (1) to all reasonable
costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (2) to all sums secured by this deed of
trust; and (3) the excess, if any, to the persons legally entitled to receive it.
12. Inspection. Lender may enter the property to inspect it if Lender gives Borrower notice beforehand. The notice must state the reasonable
cause for Lender's inspection.
13. Condemnation. Borrower assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking
of all or any part of the property. Such proceeds will be applied as provided in Covenant 1. This assignment is subject to the terms of any prior
security agreement.
14. Waiver. By exercising any remedy available to Lender, Lender does not give up any rights to later use any other remedy. By not exercising
any remedy upon Borrower's default, Lender does not waive a right to later consider the event a default if it happens again.
15. Joint and Several Liability; Co-signers; Successors and Assigns Bound. All duties under this deed of trust are joint and several. Any
Borrower who co-signs this deed of trust but does not co-sign the underlying debt instrument(s) does so only to grant and convey that
Borrower's interest in the property to the Trustee under the terms of this deed of trust. In addition, such a Borrower agrees that the Lender and
any other Borrower under this deed of trust may extend, modify or make any other changes in the terms of this deed of trust or the secured
debt without that Borrower's consent and without releasing that Borrower from the terms of this deed of trust.
The duties -and -benefits -of. this -deed .of.trust shalt-bind-and-bensfit-the successors.and-assig.nscf-Lender anct Borrower..
16. Notice. Unless otherwise required by law, any notice to Borrower shall be given by delivering it or by mailing it by certified mail addressed to
Borrower at the property address or any other address that Borrower has given to Lender. Borrower will give any notice to Lender by certified
mail to Lender's address on page 1 of this deed of trust, or to any other address which Lender has designated.
Any notice shall be deemed to have been given to Borrower or Lender when given in the manner stated above.
17. Transfer of the Property or a Beneficial Interest in the Borrower. If all or any part of the property or any interest in it is sold or transferred
without Lender's prior written consent, Lender may demand immediate payment of the secured debt. Lender may also demand immediate
payment if the Borrower is not a natural person and a beneficial interest in the Borrower is sold or transferred. However, Lender may not
demand -payment -in the abovesituations-if-itis-prohibited.by-federal-law-as.of.the data-of.tthi oleecLof.trust.,
18. Release. When Borrower has paid the secured debt in full and all underlying agreements have been terminated, and upon receipt from
Borrower of all reasonable costs of procuring and recording the release documents, Lender shall, within ninety days, request Trustee to release
this deed of trust and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this deed of trust. Lender's obligation to
request a release is relieved !f Borrower requests in writing that this deed of trust not be released, or requests in writing delivery of the cancelled
notices secured by this deed of trust and Lender completes delivery. Borrower agrees to pay all costs to record this deed of trust and to pay the
statutory Trustee's fees.
19. Waiver of Homestead. Borrower waives and releases all rights of homestead exemption in the property.
495436 B-984 P-244 07/08/96 02:01P PG 2 OF 2
BANKERS SYSTEMS, INC., ST. CLOUD. MN 5630111-800-397-23411 FORM OCP-MTG-00 713!91
(page 2 of 2)