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HomeMy WebLinkAbout1.0 ApplicationMarian Smith Glenwood Springs, CO John Martin Glenwood Springs, CO Larry McCown Rifle, CO September 14, 1998 Garfield County Board of County Commissioners John C. Laatsch, Vice President Lions Ridge Estates Homeowner's Association 0450 Lions Ridge Road Carbondale, Colorado 81623 RE: Lions Ridge; County Road 100/Hwy 82 Intersection Dear Mr. Laatsch: Enclosed is a copy of a letter sent to the Colorado Department of Transportation, requesting that they respond to the issues addressed in your previous letters. Hopefully, CDOT will take the requested actions or provide a reason for not doing something, to which we can respond. In terms of the other issues noted in your August 23, 1998 letter. The County Pest and Weed office has been apprized of your concerns and will not be doing any spraying not necessary to prevent noxious weeds from developing in your area. Unfortunately, the November 97 letter never made it to the Board. The Board will consider your request as a part of the 1999 budget process. If you have any other questions or concerns about the issues noted, please feel free to write to the Board or present your concerns in person at one of the Board meetings. There are times for citizens not on the agenda, on each Commissioner's agenda. The Board meets the first three Mondays of each month. Sincerely, Marian I. Smith, Chairman Board of County Commissioners enclosures 109 8th Street, Suite 300 • Glenwood Springs, Colorado 81601-3363 • Telephone (970) 945-5004 „r . LIONS RIDGE ESTATES HOMEOWNER'S ASSOCIATION 0450 LIONS RIDGE ROAD CARBONDALE COLORADO 81623 August 23, 1998 Mr. Owen Leonard, P.E. Region 3 Transportation Director State of Colorado, Department of Transportation 222 South 6th , Room 317 Grand Junction, Colorado 81501 Re: Lions Ridge Estates Homeowner's Association Highway 82 intersection with Garfield County Road 100 Dear Mr. Leonard: Prior to the department's installation of the traffic signal at the above mentioned intersection the department had signs approaching the intersection that identified the cross road as County Road 100. As part of the traffic signal installation the approach signage to the intersection was changed and in those changes the department choose to delete any reference to the cross road. We have waited to see if and what type of signs the department was going to install however, since it has been a year and there still is no designation of County Road 100 we are now left to seek what you removed from our homes. The lack of proper signage locating County Road 100 as you approach the intersection on Highway 82 places the lives of our family, friends and guests at risk. The slightest impairment to safety or law enforcement response to our homes is not an acceptable risk for us to bear. Nor the malicious action of removal of the intersection signage by a state agency that has been intrusted with the health, welfare and safety of the citizens of Colorado. On the everyday life side it has been an undue burden to direct friends, deliveries and visitors to a major cross road of Highway 82 without a road name. We are now related to the famous road side rest area, No Name. As with all matters relating to this intersect the departments disinterest in our health, welfare and safety is not acceptable and we respectfully request the intersection signage be corrected to include County Road 100 immediately. Very truly yours, John C. Laatsch Assistant Vice President L cc: LREHA, Board Marion Smith, Garfield County ✓' Governors Advocate Corp Senator Wattenberg Representative George R. Trapani, CDOT LIONS RIDGE ESTATES HOMEOWNER'S ASSOCIATION 0450 LIONS RIDGE ROAD CARBONDALE COLORADO 81623 August 23, 1998 Mr. Owen Leonard, P.E. Region 3 Transportation Director State of Colorado, Department of Transportation 222 South 6t , Room 317 Grand Junction, Colorado 81501 Re: Lions Ridge Estates Homeowner's Association Highway 82 intersection with Garfield County Road 100 Dear Mr. Leonard: It appear from the design and installation efforts at the intersection of County Road 100 and Highway 82, that the department either lacks the knowledge in the design and construction of pedestrian facilities, has a disinterest or simply lacks the capability in your department to address safety issues. 1. The department located and painted the stop bar for south bound traffic on CR 100 past the crosswalk markings. This violates the uniform traffic control manual, the state and federal regulations and places the pedestrians using the crosswalk in peril. 2. The crossway markings across Highway 82 are all but gone. Not only are these marking not visible there is no traffic stop bar to provide for traffic control. 3. The time sequence of the CR 100 light does not provide sufficient time for the able bodied to say nothing about those of us with diminished sprinting speed to cross highway 82. Both from the pedestrian and the driver perspective there are many vehicles that run the red light at this intersection. The speeds maybe to great, signage insufficient, yellow sequence too short, minimal enforcement or all of the above. 4.The gravel walk from highway 82 to the park & ride may not meet the ADA requirements for gradient. However the more serious condition is the placement and installation of the culvert under the path. While the department by its design standards extends culvert beyond driveway edges, you have chosen to end the culvert under the path at the very edge of the walk. This condition places the user in a dangerous position to step into a 2' +\- hole. The departments interest is in the motor vehicle however it appear the department lacks interest in pedestrian safety. Your attention and correction of these dangerous condition is requested. Very truly yours, John C. I aatsch Assistant Vice President cc: LREHA, Board Marion Smith, Garfield County Governors Advocate Corp Senator Wattenberg Representative George R. Trapani, CDOT LIONS RIDGE ESTATES HOMEOWNER'S ASSOCIATION 0450 LIONS RIDGE ROAD CARBONDALE COLORADO 81623 August 23, 1998 Mr. Owen Leonard, P.E. Region 3 Transportation Director State of Colorado, Department of Transportation 222 South 6th , Room 317 Grand Junction, Colorado 81501 Re: Lions Ridge Estates Homeowner's Association Highway 82 intersection with Garfield County Road 100 Dear Mr. Leonard: Last year in my letters of April 7 and April 14 questions about the design and construction of the intersection were raised. The department did review the issues of the intersection and installed the signal and improved the radii at the north side of the intersection. There appeared to have been several site visits by the department staff to review the intersection during the signalization work and our hopes were that the original construction plans, state and federal design standards would be brought in full compliance. It is now sixteen months later and the department addressed some of the issues to the north but has yet to address the intersection design issues to the south of highway 82. The issues raised last year were intended to have the department install a correct and safe intersection that complied with your standards and federal regulations. The radii from and to highway 82 to county road 100 are in the 2-3' range. Outside of the obvious violation of the above mentioned standards this condition restricts vehicle movements, endangers pedestrians, enhances accidents, causes damage to the road and shoulders and removes signage as a result of the mis driven. As you are aware this is one of several letters addressing issues with this intersection, the departments indifference to its own standards, federal regulations and as we perceive, your malicious disregard for our safety and well being. We are asking that you live up to your obligations, that you address safety as a priority, that you take a serious and comprehensive review of this intersection and in fact all of the intersections in the valley along Highway 82 and do it right. The oversights, poor construction, blind eye to safety are not tolerated in Denver or along the front range, they will not be tolerated here either. If you have any questions please forward, we are open and willing to discuss our issues at anytime. If the issues are unclear please review the enclosed photos and maybe your own site visit maybe enlightening. Very truly yours, J n C. Laatsch Assistant Vice President cc: LREHA, Board Marion Smith, Garfield County Governors Advocate Corp Senator Wattenberg Representative George R. Trapani, CDOT LION'S RIDGE ESTATES HOMEOWNER'S ASSOCIATION 0450 Lions Ridge Road / Carbondale, Colorado 81623 March 20, 1997 Mr. Charles E.Deschenes, County Administrator GARFIELD COUNTY 109 8 th. Street, Suite 300 GLENWOOD SPRINGS, COLORADO 81601-3303 Dear Chuck: RECEIVED MAR 2 1 1997 GARFIELD COUNTY COMMISSIONERS Well, we have talked and talked about the new water service lines for several years here at Lion's Ridge and it appears that the talking is over. Within the next six weeks we should be under construction. All of the impact of construction will be along Lion's Ridge Road. A photo log of the road condition will be established as well as as -built photos and plans. The plans are in autocad format if they maybe of any interest to the county. We have started the permit process and of course will be filing with the roads department for the cuts and general work. Enclosed is a plan of the project for your reference. The expense is one that no one is looking forward to, however, the idea that the delivery system will be to current standards makes this project worth while. We appreciate the Countys help and consideration in our effort and look forward to its completion. You can reach me during the day at 920-7071 or at night at 963-3605 if you have any questions and of course any advise is welcome. Very Truly surs, John ' . Laatsch W . er Committee Chair cc: LRHA BOARD LIONS RIDGE ESTATES HOMEOWNER'S ASSOCIATION 0450 LIONS RIDGE ROAD CARBONDALE COLORADO 81623 August 23, 1998 Ms. Marion Smith, Commissioner GARFIELD COUNTY 109 8'h Street, Suite 300 Glenwood Springs, Colorado 81601-3303 Re: Lions Ridge Estates Homeowner's Association LIONS RIDGE ROAD; COUNTY ROAD 100 INTERSECTION WITH HIGHWAY 82 Dear Commissioner Smith: Pursuant to our recent conversation, I have enclosed the November 1997 letter that was sent to you regarding the condition of Lions Ridge Road. As you will also find letters sent to CDOT last year regarding the intersection of State Highway 82 and County Road 100 were copied to the county administrator. Pending correspondence to CDOT will now be copied directly to you for your information. I have talked enough about the indiscriminate herbicide spraying that has killed our grasses, wildflowers and trees. This practice by the county is not acceptable. Snow plowing last winter was sporadic, the roads were not swept this spring and the divots taken by the plowing that was done have not been replaced. You will also find in the pending correspondence with CDOT, that the county could have also requested the State to correct the conditions at the intersection of County Road 100 and R2 but has turned its back on the safety of the residents and in particular has discarded the residence of Lions Ridge. This too is not acceptable, nor will it be tolerated. Thank you for your time and efforts on our behalf. Very truly yours, ,..z.„...„. (0/1-4(. - John . Laatsch A e taut Vice President cc: LREHA, Board (' r LIONS RIDGE ESTATES HOMEOWNER'S ASSOCIATION 0450 LIONS RIDGE ROAD CARBONDALE COLORADO 81623 November 14, 1997 Ms. Marion Smith, Commissioner GARFIELD COUNTY 109 8th Street, Suite 300 Glenwood Springs, Colorado 81601-3303 Re: Lions Ridge Estates Homeowner's Association Water Line Construction/Road Construction Dear Commissioner Smith: The homeowners of Lions Ridge have recently completed the reconstruction of our water main, up -graded our control system, improved distribution to fire hydrants and had natural gas service brought to our subdivision. While most of this work was conducted with little to no impact to Lions Ridge Road, those areas where cuts and crossings to the road were made have been repaired. However, as this work was done it became very apparent that the road was in need of repair. At best, the asphalt layer is 1 1/2"-2" thick and has had no uniform treatment of service since it was constructed 17 years ago. We believe that our impact to the road is now complete and that we now have a water system that is to today's standards. It would be of great service to our homes to now have improvements to our road. While there are many levels of improvement that could be made, a simple and less expensive one would greatly help our accessability into the future. Consideration of Lions Ridge Road for a seal and chip application in 1998 would be very much appreciated. Thank you for your consideration. Very truly yours, John C. I aatsc Vice President cc: LREHA, B a Charles Deschenes, County Administrator DEC -09-1998 16:27 FROM GARFIELD CO ROAD & BRIDGE TO 9457785 P.01 GARFIELD COUNTY ROAD AND BRIDGE P.O. BOX 2254 Glenwood springs. Colorado 81607_-27_54. Phone 945-:6111. DATE: December 9. 1998 10: rd preen FROM: King RE: Lion's Ridge Sub -Division &. Catherine's Store Rd Signs Ed: The Sneed Limit siun is now in place at the entrance of the Lion's Ridge Sub -Division. Kenny has contacted COOT and they are currently in the process of trying to find out where our signs were placed durina construction. If they cannot locate these signs. we do have spares that we will be putting up. Let me know if this is satisfar.tory areen12a. cc: Nla.rk Bean LIONS RIDGE ESTATES HOMEOWNER'S ASSOCIATION 0450 LIONS RIDGE ROAD CARBONDALE, COLORADO 81623 December 16, 1998 Mr. Ed Green County Administrator GARFIELD COUNTY 109 8th Street, Suite 303 Glenwood Spring, Colorado 81601-3303 Re: Issues and Concerns of Lions Ridge Estates Homeowner's Association Dear Ed: Please find enclosed the correspondence that we discussed recently. I have not responded to Owen's letter of September as yet but I expect to make the time in the coming weeks. The state has not constructed the intersection with Highway 82 in accordance with their original plans nor have they completed much of anything at this location that meets their own standards for construction. They are quick to transfer the signage responsibility to the County. It appears to me that their attention to detail is in direct proportion to the public interest and the county influence ie: Pitkin County appears to be able to demand greater accountability then Eagle or Garfield. I will copy you on all future correspondence. Have a good holiday. Very Truly yours, fan C. Laatsch Assistant Vice President cc: LREHA Board LIONS RIDGE ESTATES HOMEOWNER'S ASSOCIATION 0450 LIONS RIDGE ROAD CARBONDALE COLORADO 81623 August 23, 1998 Mr. Owen Leonard, P.E. Region 3 Transportation Director State of Colorado, Department of Transportation 222 South 6t , Room 317 Grand Junction, Colorado 81501 Re: Lions Ridge Estates Homeowncr's Association Highway 82 intersection with Garfield County Road 100 Dear Mr. Leonard: Prior to the department's installation of the traffic signal at the above mentioned intersection the department had signs approaching the intersection that identified the cross road as County Road 100. As part of the traffic signal installation the approach signage to the intersection was changed and in those changes the department choose to delete any reference to the cross road. We have waited to see if and what type of signs the department was going to install however, since it has been a year and there still is no designation of County Road 100 we are now left to seek what you removed from our homes. The lack of proper signage locating County Road 100 as you approach the intersection on Highway 82 places the lives of our family, friends and guests at risk. The slightest impairment to safety or law enforcement response to our homes is not an acceptable risk for us to bear. Nor the malicious action of removal of the intersection signage by a state agency that has been intrusted with the health, welfare and safety of the citizens of Colorado. On the everyday life side it has been an undue burden to direct friends, deliveries and visitors to a major cross road of Highway 82 without a road name. We are now related to the famous road side rest area, No Name. As with all matters relating to this intersect the departments disinterest in our health, welfare and safety is not acceptable and we respectfully request the intersection signage be corrected to include County Road 100 immediately. Very truly yours, Joh C. Laatsch sistant Vice President cc: LREHA, Board Marion Smith, Garfield County Governors Advocate Corp Senator Wattenberg Representative George R. Trapani, CDOT LIONS RIDGE ESTATES HOMEOWNER'S ASSOCIATION 0450 LIONS RIDGE ROAD CARBONDALE COLORADO 81623 August 23, 1998 Mr. Owen Leonard, P.E. Region 3 Transportation Director State of Colorado, Department of Transportation 222 South 6th , Room 317 Grand Junction, Colorado 81501 Re: Lions Ridge Estates Homeowner's Association Highway 82 intersection with Garfield County Road 100 Dear Mr. Leonard: It appear from the design and installation efforts at the intersection of County Road 100 and Highway 82, that the department either lacks the knowledge in the design and construction of pedestrian facilities, has a disinterest or simply lacks the capability in your department to address safety issues. 1. The department located and painted the stop bar for south bound traffic on CR 100 past the crosswalk markings. This violates the uniform traffic control manual, the state and federal regulations and places the pedestrians using the crosswalk in peril. 2. The crossway markings across Highway 82 are all but gone. Not only are these marking not visible there is no traffic stop bar to provide for traffic control. 3. The time sequence of the CR 100 light does not provide sufficient time for the able bodied to say nothing about those of us with diminished sprinting speed to cross highway 82. Both from the pedestrian and the driver perspective there are many vehicles that run the red light at this intersection. The speeds maybe to great, signage insufficient, yellow sequence too short, minimal enforcement or all of the above. 4.The gravel walk from highway 82 to the park & ride may not meet the ADA requirements for gradient. However the more serious condition is the placement and installation of the culvert under the path. While the department by its design standards extends culvert beyond driveway edges, you have chosen to end the culvert under the path at the very edge of the walk. This condition places the user in a dangerous position to step into a 2' +\- hole. The departments interest is in the motor vehicle however it appear the department lacks interest in pedestrian safety. Your attention and correction of these dangerous condition is requested. Very truly yours, J. n C. Laatsch Assistant Vice President cc: LREHA, Board Marion Smith, Garfield County Governors Advocate Corp Senator Wattenberg Representative George R. Trapani, CDOT L LIONS RIDGE ESTATES HOMEOWNER'S ASSOCIATION 0450 LIONS RIDGE ROAD CARBONDALE COLORADO 81623 August 23, 1998 Mr. Owen Leonard, P.E. Region 3 Transportation Director State of Colorado, Department of Transportation 222 South 6t , Room 317 Grand Junction, Colorado 81501 Re: Lions Ridge Estates Homeowner's Association Highway 82 intersection with Garfield County Road 100 Dear Mr. Leonard: Last year in my letters of April 7 and April 14 questions about the design and construction of the intersection were raised. The department did review the issues of the intersection and installed the signal and improved the radii at the north side of the intersection. There appeared to have been several site visits by the department staff to review the intersection during the signalization work and our hopes were that the original construction plans, state and federal design standards would be brought in full compliance. It is now sixteen months later and the department addressed some of the issues to the north but has yet to address the intersection design issues to the south of highway 82. The issues raised last year were intended to have the department install a correct and safe intersection that complied with your standards and federal regulations. The radii from and to highway 82 to county road 100 are in the 2-3' range. Outside of the obvious violation of the above mentioned standards this condition restricts vehicle movements, endangers pedestrians, enhances accidents, causes damage to the road and shoulders and removes signage as a result of the mis driven. As you are aware this is one of several letters addressing issues with this intersection, the departments indifference to its own standards, federal regulations and as we perceive, your malicious disregard for our safety and well being. We are asking that you live up to your obligations, that you address safety as a priority, that you take a serious and comprehensive review of this intersection and in fact all of the intersections in the valley along Highway 82 and do it right. The oversights, poor construction, blind eye to safety are not tolerated in Denver or along the front range, they will not be tolerated here either. If you have any questions please forward, we are open and willing to discuss our issues at anytime. If the issues are unclear please review the enclosed photos and maybe your own site visit maybe enlightening. Very trul Joh. C. Laatsch ssistant Vice President -,---/fe--C---____ cc: LREHA, Board Marion Smith, Garfield County Governors Advocate Corp Senator Wattenberg Representative George R. Trapani, CDOT Marian Smith Glenwood Springs, CO John Martin Glenwood Springs, CO Larry McCown Rifle, CO September 14. 1998 CGarfield County Board of County Commissioners John C. Laatsch, Vice President Lions Ridge Estates Homeowner's Association 0450 Lions Ridge Road Carbondale, Colorado 81623 RE: Lions Ridge; County Road 100/Hwy 82 Intersection Dear Mr. Laatsch: Enclosed is a copy of a letter sent to the Colorado Department of Transportation, requesting that they respond to the issues addressed in your previous letters. Hopefully, CDOT will take the requested actions or provide a reason for not doing something, to which we can respond. In terms of the other issues noted in your August 23, 1998 letter. The County Pest and Weed office has been apprized of your concerns and will not be doing any spraying not necessary to prevent noxious weeds from developing in your area. Unfortunately, the November 97 letter never made it to the Board. The Board will consider your request as a part of the 1999 budget process. If you have any other questions or concerns about the issues noted, please feel free to write to the Board or present your concerns in person at one of the Board meetings. There are times for citizens not on the agenda, on each Commissioner's agenda. The Board meets the first three Mondays of each month. Sincerely, Marian I. Smith, Chairman Board of County Commissioners enclosures DEPARTMENT OF TRANSPORTATION Region 3 222 South Sixth St., Rooni 317 Grand )unction, CO 81501-2769 (303) 248-7208 Fax No. (303) 248-7254 September 30, 1998 STATE OF COLOFADO Mr. John C. Laatch Assistant Vice President Lions Ridge Estates Homeowners Association 0450 Lions Ridge Road Carbondale, CO 81623 Re State Highway 82 Intersection with Garfield County Road 100 Dear Mr. Laatch, OT Thank you for your three letters of August 23, 1998 concerning the intersection of State Highway 82 with Garfield County Road 100. This letter is intended to respond to all concerns you have raised in your August 23, 1998 letters. I feel it is appropriate to condense my response to you into one single correspondence since your concerns all relate to issues which are specific to the features of the SH 82/GCR 100 intersection. The first of your letters contains four (numbered) issues relative to pedestrian striping, traffic signal timing as it relates to pedestrian use, and the geometry/ADA compliance of the gravel pedestrian ditch crossing and side culvert from the park and ride lot to SH 82. I am in agreement with your letter in that the existing pedestrian crosswalk striping at this intersection has deficiencies as follows. The stop bar for southbound GCR 100 is misplaced. Stop bars for the remaining three legs of the intersection need to be placed. The crosswalk striping is generally faded and in need of replacement. CDOT will correct these deficiencies as soon as the work can be scheduled, prior to this winter. I have reviewed the timing sequence of the signals with the Region Traffic Engineer. The clearance timing for pedestrians crossing SH 82 has been verified to meet the requirements set forth in the Manual on Uniform Traffic Control Devices. This was verified both by checking the settings in the controller and by field verification of the signal phases. As an auxiliary check. we also walked the SH 82 pedestrian crossing to compare walking times to signal phasing and found the clearance times to be adequate. However, in reviewing this specific intersection with reference to our standards, I agreed that two safety enhancements could be made at this location. First, the clearance time for SH 82 pedestrians has been increased by six seconds. This change in signal phasing was accomplished on September 24, 1998. This will allow additional time for pedestrians crossing SH 82 and should not unreasonably impact traffic at the intersection. A second enhancement that will be made will be to add numeric count down pedestrian signal heads to the standard symbol WALK/DON'T WALK pedestrian signal heads on each side of SH 82. These special heads will give pedestrians better information when using the signalized crossing, and should improve comfort levels of users crossing SH 82. The third issue of your first letter concerns the geometry and ADA issues with the gravel pedestrian ditch crossing and side culvert from the park and ride lot to SH 82. The pedestrian ditch crossing and side culvert were installed as part of a park and ride construction contract completed in 1997. That project did not include paving and ADA facilities due to funding constraints. It is our intent to provide a paved surface for the park and ride facility and the crossing on a future project when funding allows. ADA facilities may be added at that time. The second of your letters concems the issue of street signing for GCR 100 at the intersection. Prior to the installation ofthe traffic signal in 1996, this intersection was an obscure intersection on SH82 per the MUTCD. Crossroad symbol signs were placed both eastbound and westbound on SH 82 to provide advance warning of that condition. Although not required, supplemental plaques identifying the crossroad as CR 100 were posted in conjunction with the crossroad signs. With the installation of the traffic signal, the intersection was no longer obscured but well defined and the crossroad symbols and supplemental plaques were replaced with signal ahead signs. Placement of street signs on state highways for local roads and streets is the responsibility of the local jurisdictions. I will defer to Garfield County in this matter. Upon notification from the County, CDOT will gladly agree to allow uniform placement of street signs at County expense. Your third letter addresses design standards and the length of turning radii, on the south side of the intersection. Installation ofthe traffic signal was completed by CDOT Maintenance forces in 1997. Our records verify a substantial reduction in accidents at the intersection since the installation ofthe traffic signal. As noted above, a separate park and ride lot construction contract was completed also in 1997. Neither of these scoped improvements included work to reconfigure the geometry of the intersection. There are no projects programmed within the Statewide Transportation Plan to reconstruct this intersection. Therefore, I cannot offer a commitment to you about when this intersection will be reconstructed. It is our intent to provide for additional paving of radii in the intersection on a future project when we pave the park and ride lot. Thank you for your interest in our transportation system. Sincerely, Owen B. Leonard, Director Transportation Region III Cc: Trapani Nall Smith Garfield County File LIONS RIDGE ESTATES HOMEOWNER'S ASSOCIATION 0450 Lions Ridge Road Carbondale, Colorado 81623 April 7, 1997 Mr. R. P. Moston Regional Transportation Director STATE OF COLORADO DEPARTMENT OF TRANSPORTATION 202 Centennial Street Glenwood Springs. Colorado 81601-2845 Re: STR 0821-039 SH 82 Park and Rides Construction SA # 11264 Dear Mr. Moston: The Board has voted unanimously to request the Department to cease construction of the West -bound bus stop in the relocated near side position with County Road 100. and to maintain and improve the present far side stop location. The Board representing the 15 homes in the Association believe the new location. near -side presents a life-threatening obstruction to our safety, the safety of our children, friends and guests. We use this intersection by means of foot. bike and vehicle numerous trips per day by one of these means and to be intentionally endangered by such a deliberate and callous act on the part of the Department is unconscionable. Standards for vehicle movement have been less than ideal at this intersection: radii are next to non-existent, there are no left turn acceleration lanes in either the west or east bound direction, which may have contributed or in -fact may have played a major role in several accidents to date. Now the Department is intentionally obstructing the intersection and placing pedestrians and bus passengers in the right turn deceleration lane as well as at the highest point of turning movements, left turn south. This is totally unacceptable. The Department's abuse of our safety and endangerment of our lives must stop. You can reach me during the day at 920-7071 or at night at 963-3605. Very Truly yours. Board of Directors John C. Laatsch. Board Member cc: LRHA BOARD Governors Advocate Corp Senator Wattenberg Representative George R. Trapani, CDOT Dan Blankenship. RFTA C. Deschenes. Garfield County LIONS RIDGE ESTATES HOMEOWNER'S ASSOCIATION 0450 Lions Ridge Road Carbondale, Colorado 81623 April 14. 1997 Mr. R. P. Moston Regional Transportation Director STATE OF COLORADO DEPARTMENT OF TRANSPORTATION 202 Centennial Street Glenwood Springs, Colorado 81601-2845 Re: STR 0821-039 SH 82 Park and Rides Construction SA # 11264 Dear Mr. Moston: It was brought to my attention that the proposed illumination at the intersection consists of 40 foot high mounted sodium vapor lamps in non cut-off fixtures. While you and your engineers may view the impact of the illumination at the intersection with indifference and having no negative impacts to a residential community, you are wrong. We in Lions Ridge Estates not only use this intersection as our link to the world we also look out and down upon it daily and nightly. First. there is no argument as to the need and assistance that illumination will provide to the intersection safety. However. lighting done poorly is an affront to everyone and is a particularly harmful impact to the quality of life for this community. We would like to think that you have completed an illumination design with distribution patterns I.T.L. test data. for initial and maintained foot candles and would make that available to the community. and that you in fact are using one of many sophisticated fixtures that will maximize the illumination on the ground where it is intended. However. since there has been a total lack of communications with our community it is therefore necessary that we request detailed identification of the illumination design. fixture type, lamp wattage and type, mounting height and locations, illumination criteria and I.T.L. test data with foot candle distribution patterns. We would also request that the department minimize the negative impacts of this new illumination to our night time environment: the blackness that provides the enjoyment of the night so brightly lit by the heavens and void of the urban sky glow that so many of us have tled the city to enjoy. Romantic yes. true. also yes. Almost every manufacturer has a cut-off fixture that in fact will improve the distribution of illumination on the ground, maximizing the safety. while still minimizing the lamp and sky glow impacts of light pollution. Degradation of our environment bit by bit is not acceptable. Our front yards as they are respect the native environment and the peace of the Roaring Fork Valley; please help us keep it as lovely as possible. Very Truly yours. B . • rd of Directors John C. Laatsch. Board Member cc: LRHA BOARD Governors Advocate Corp Senator Wattenberg Representative George R. Trapani. CDOT Dan Blankenship. RFTA C. Deschenes. Garfield County RICHARD D. LAMM Governor DIVISION OF WATER RESOURCE Department of Natural Resource` CT_ W. R. SMITH Acting State Engineer 1313 Sherman Street - Room 818 979 Deriver, Colorado 80203 LORE,. Administration (303) 839-3581 60 ---.../ Ground Water (303) 839-3587 r tl,Iwo October 1, 1979 Mr. Ray Baldwin, Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Lion's Ridge Estates Dear Mr. Baldwin: This is to acknowledge receipt of additional material concerning the above referenced subdivision. The developer has obtained a decree for the central well (case no. 79CW36) that will serve this subdivision. The decree states that the well is to be an alternate point of diversion for 0.1 cfs (50 gpm) of water owned or controlled by the Basalt Water Conservancy District. The developer has petitioned the District for inclusion and also for use of water. This petition has been granted. Although the petition does not describe the land contained in this development plan, the District's attorney has assured us that in granting the petition the District was aware of the loca- tion of this subdivision. It is the intent of the District to include all domestic wells in the Roaring Fork Valley under a decree for the Basalt Conduit (civil action 4613) so as to protect domestic rights against future calls on the Roaring Fork River. Due to the new information, we feel a dependable water supply exists and we recommend approval of the Lion's Ridge Estates. JAD/GDV:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. Very truly yours , D . Jeris A. Danielson uty State Engineer Septerrher 18, 1979 Dr. Jeris Danielson Diviseon of Water Resources 1313 Sherman Street, Room 811 Denver, Colorado 80203 Dear Dr. Danielson: Enclosed is a copy of a letter received by this department with your comments concerning the Lion's Ridge Estates proposal. Also, I have enclosed Ruling of the Referee in connection with this project. The Board of County Commissioners approved the preliminary plat conditional upon receiving a letter from your office stating that the water supply was acceptable. I hope this will help clarify the water situation for this project. If I can supply you with any further information, please do not hesitate to contact me. Sincerely, Ray Baldwin Planning Director RB/hr Enc. • 411 P.O. BOX 931 TAMARACK 1001 GRAND AVENUE (303) 945-9141 GLENWOOD SPRINGS, COLORADO 81601 NICHOLAS W. GOLUBA, JR. JOHN R. SCHENK GOLUBA & SCH ATTORNEYS AT LA SEI' September 11, 1979 Ray Baldwin 2014 Blake Ave. Glenwood Springs, CO 81601 Re: Lion's Ridge Estates Subdivision Water Adjudication Dear Ray: 1 1979 NTEP.O. BOX 1040 NNIAL PLAZA 502 MAIN (303) 963-3796 LV• C.1Aiff FlipttltrikLE, COLORADO 81623 I enclose herewith the Referee's Ruling regarding the adjudication of the water right in connection with Lion's Ridge Estates Subdivision. DAN KERST Let me know if you need further information in this regard. DK/sr Enc. Your/ very truly, IN T1iE DISTRICT COURT IN AND FOR WATER R DIV.T SOid NO. 5 STATE OF COLORADO Application No. 79C;136 IN THE MATTER OF THE -APPLICATION ) FOR WATER RIGHTS OF. ) TIIE BASALT WATER CONSERVANCY DISTRICT ) I:N THE FRYING PA.1 RIVER ) IN EAGLE COUNTY ) RULING OF REFEREE The above entilted application was filed on February 27,1979, and was referred to the undersigned as ;dater Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 7th day of March,1979, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right- Determination and Administration Act of 1969.' And the undersigned 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 of the application does hereby make the following determination and ruling as the Referee in this matter, .4o -wit: 1. The statnents in the application arc true. 2. The names of the structures Alternate Well No. 1. involved are: Tasalt Conduit, and 3. The name of the claimant and address is Basalt Water Conservancy District; c/o Scott'Balcomb, Esq.; P.O. Drawer 790; Glenwood Springs, Colorado. 4. The source of the water for the Basalt Conduit is the Frying Pan River, tributary to the Roaring Fork River. The source of the water for Alteriaate No. 1 is the Roaring Fork River. 5. (a) The point of diversion for the Basalt Conduit is located on the left side of the Frying Pan River at the head of the outlet tube for Ruedi Reservoir at a point whence the Southwest Corner of secticn 7, Township 8 South, Range 84 :West of the 6th P.M. hears North 79°00' West 2017.1 feet. (b) The Altermate Well No. 1 is located at a point 250 feet south of the North line and 1,900 feet West of the East line of Section 31, Township 7 South, Rage 87 West of the 6th P.n. 6. O;' June 20,1953, in Civil Action No. 4613, the Garfield County District Court awarded to the Basalt Conduit, Project :1o. 511, Priority No. 718, a conditional water right for 450 cubic feet of :water per second of tinue, to be used for the genera._ion of irri(jation, do:,.!estic, municipal, stock watei:ing, Distorial, anJ industrial ; rpos?s, ,itli appronriaiion date of �• 29,1^57. :)C:l3 6 • 7. On February 27,1979, the applicant filed, in Water Court for Water Division No. 5, an application for change of water right in which it is requested that an al`ermate point of diversion for 0.10 c.f.s. of water previously awarded to the Basalt Conduit under Priority No. 718, be established at Altermate Well No. 1 at the location as described in paragraph 5 (b) above. 8. A change of water right.4ha11 be approved if the change will not injuriously affect the owner of a vested water right or a decreed conditional water right. (37-92-305 (3) ) . the use of -the well as an alterrnate point of diversion will not injuriously affect the vested waterrights of others or a decreed conditional water right. The Referee does therefore conclude that the apbove entitled application should be granted and that an alternate point of diversion for 0.10 c.f.s. of the water previously awarded conditionally to the Basalt Conduit under Priority No. 718, may be 05tablished at ?alternate Well X10. 1, at the location as described in paragraph 5 (b) above. In is accordingly ORDERED that this ruling shall be filed with the :eater Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 C.R.S. 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this Z4' day of T 497 9. BY THE REFEREE: oda t j.ef eree Ja er Division No. 5 State of Colorado No protest was filed in this matter, and accordingly__the forerlininq ruling is con_fir-red and aopro-fed, and is rad the Judger ant and Dacree of this court; provided however, that the a.pproval of this change of water right shall be subject to re -consideration by the :,Tater Judge on Litequestion of injury to the vested rights of others doing any hearing commencing in theVcalendar years succeeding the year in which this decision is rendered. dated Water Judge 3 �p Rmcaded ae , o't brit. M ° - 9. 1979 Receptsoa No 298362 ,paZALigoei Ties bNDorrugz. Made this ALAN A. STOREY -4 5:36Py841? ilectwelei ninth day 4* October nig Post Office Box 2837, Aspen, Colorado ran y of the first pert. and the Vatic thioate of in the State of Colorado, darty Mike secosd part. Witnesseth THAT, WHEREAS, The said 1479 , twrewow 81611 ( scanty it Garfield has executed his prom:ssofy not bear one erten date he'eweth for the principal srfsd NINETEEN THOUSAND and no/100ths"• payabktottheorderof the Board of County Commissioners of Garfield County, Colorado whoseaddressisGarfield County Courthouse, Post Office Box 640, Glenwood Springs, Colorado 81601, Mies she cat. a««s .+wtlbentaaa« shaken dr eat slimilana Werwf aaWeatabef per-cwar.pkiiswmweissaMis without interest until maturity, payable in full at time of maturity according to the terms of said promissory note. AND WHEREAS. The said party of the first put 1 S pri*cipai and interest of said promissory note in whose hands soever the said note NOW, THEREFORE. The said party of the first part. in consideration of the do es hereby grant bargain. sell and convey unto the said party of the second put property, situate in the County of Garfield desirous of securing paymdtt a the or any of them may br premises and for the purpose aforesaid. In trust (oreser. the following described . State of Colorado, to wit: Lot 15 of Lion's Ridge Estates Subdivision, according to the description of that plat to be approved by the Board of County Commissioners of Garfield County, Colorado, and filed in the records of the Garfield County Clerk and Recorder. also-Yrtrwnaa-srrse4 aatS+wwtber- TO HAVE AND TO HOtl) the same together with da and singular the pnvrieges and aptnarurnances *hereunto heknaing In Trust Nevertheless. Thar in cane of default in the payment of said note n, any of them, is any part thnecd, .a m the payment if the interest thereon. acrrndtag to the tenor and effect ofsaid cote or any of them, or rn the payment oaf any emu cnumhraawes prtn mai or interest. l any. or in ,.ase default diad he made tri or in case of violation orbarecitdsay *title terms. conditions couettantsoragreements herein contained. the henefwair , serewrler,xthe texalholder oldie Weibladoes'asked hereby may decant • violation of any of the .osentnts herein crmtamed and elect to adverbse said properly for sale and demand such sale. this, upon Mos antic* d such election addenaad for sate with the said party of the steeri tsar t . who shall upon receipt of such notice . f election and demand fee sale casae aoopyy title sane to be monad in tie recorders office of the county m wha:h sant real estate oa situated. d shill and may be lawful Fur sad pant d' the serried pat to sell mad dispose of the same ten masse or at separate oaroris as the ,ad Punic Trustee ma think bests, and alp the nght. tide and interest awed pet y of t he (int pit, his heirs or assigns therein. at public auction at the SOUL h from door of the Court Howe , r the County d Garfield Star of Coksado. or on sant preemies. or any Pari thereof as nay be specified in the notice a wad oak, for the h.ahest and best price the minae well hints in Cash. fav wefts' public mice having been prcsrwsly given d the tone and place of such sale. by a addvverusement weekly, m some newspaper of -general circulation at tart WINE ,srblishad in sad county of Garf ie 1,1 a cop, ow which nota.e shall he mailed within ten days trom the dated tie fiat putecanea thereof to the an pet y of the fust ,gar: at the address herein given and to such vrsnrt tar peewits appeanng to hase warmed a subsequent record Merest in sed real twat al the address given is the recorded instrument. where only time county and state is given as the addiessthen suchsNoaen lbatmaiadlobecomitysat.toldtomakeardgvetothepwclaeleetpercirsenofsu:hpropertyofsuchade.aartdrateor ceaseles me is vetoingdeaolriaas ds pleperty pun -hued. and the %smog suns pad therefor, and the tiif)lWias thepa h- inetet paidtsam iler eihrirfollik goggled iheteb)nidlbeamillollOadeedertieristherrfor.unlessthesameshallitre.teetnedasnprovakdbylaw;Oda..rabi liv leeshit veararderanatay the person or persons haddlligthe said certificate or certificates of purchase. when sad demand is. made or upon detrital by die pesos entitled to a deed mend for the property purchased. i[ -the time such demand is made. the time for redeatpaoe having expired. make end !IMAM to such pervon or persons a decd or deeds to these aid property purchased. wins h sari deed et deeds slag be m the ordinary form u* a conveyance. and shad be seated. acknrwkdged and deity,- red by the said Public Trustee. as grantor. end shall convey and quitclaim to such person or persons entitled to such deed. es grantee. the said property punha:;rd as aforesaid and all the right. title. Interest. benefit amid equity .a( redemption oI the party of the first his hens and ;assigns thereon. and shall recite the suee or some. for ,siert* the said pr ty was sold acrd shell oder to the power of ate therein contained. and to the sok or Saks made by virtue thereof. and in case of as assignment of web sae a certificama ofp�uwrchese. or in case of the redemption of such property, by a sulnequem encumbrancer, such assigunent or redemption stall also be referred to In such deed or deeds. but the malice a wile need not be set out in such deed or deeds and the said Public Trustee shall. out of the proceeds or avats of such sale. after first peyote and retraining all foes. chews and costa of making said sale, pay to the bendkrry hereunder or the legal holder of said nose the principal and interest due on wt.., tail/ according to the tine and effect thereof. mad aid moneys advanced by each beneficiary or legal holder .af sad no for insurance. ria ad assessments_ with west thereon at 15 psi .er1 pet annum. re akrieg the *Awaits. if any. onto the said gooey of the first pit. his legal representatives or assigns, wtuch sale or safes and sand decd or deeds so made shag be a perpetual hat. both in law and equity. ageism the said pay of the fiat part, h 1 s heirs and amens. and ail other persons clasniag Sit said property. or any pit thereof. by. from. thorough or under said party of the first pit, or any of them. The hinder or holders sit wad wire . wire try purchase swirl property or any pert thereof; add shag not he ohliiotory upon the purchaser or purchasers at any such sale to sec to the application of the puede-re money 11 a release deed be required. it is agreed that the party of the forst part. his heirs or assigns. will pry the expense thenal. Ns. MIA. Rev. '711-431:1121OF TRUST -Jorge TnaAas-#melte'$ C►rn-+Urruey's pis. -Copyright a tin -a,/ketiPuns eeCo . 111669tautstrlm.Dauer. CatessidecTTC1611, -9.tb Recorded at it o'clock Reception No. THIS INDENTURE, Made this ALAN A. STOREY ninth OCT - 9197S' Recorder day of October lG '81? , 19 7 9 , between whoseaddressis Post Office Box 2837, Aspen, Colorado 81611 part y of the first part, and the Public Trustee of County of Garfield in the State of Colorado, )arty of the second part, Witnesseth: THAT, WHEREAS, The said haS executed hi S promissory note bearing even date herewith. for the principal sum of NINETEEN THOUSAND and no/100ths Dollars, payabletotheorderof the Board of County Commissioners of Garfield County, Colorado whoseaddressis Garfield County Courthouse, Post Office Box 640, Glenwood Springs,. Colorado 81601,Rfict >•:J t« a1' t',_;4�ri;tar t;-ieaeoi?,ran;4-ht-datetftzreef 4t1tefate-4 feT-cerAterz:'v' k without interest until maturity, payable in full at time of maturity according to the terms of said promissory note. AND WHEREAS, The said part )P of the first part is desirous of securing payment of the principal and interest of said promissory note ie whose hands soever the said note or any of them may be. - NOW, THEREFORE, The said party of the first part, in consideration of the premises and for the purpose aforesaid, -do es hereby grant, bargain, sell and convey unto the said party of the second part in trust forever. the following described property, situate in the County of Garfield , State of Colorado, to wit: Lot 15 of Lion's Ridge Estates Subdivision, according to the description of that plat to be approved by the Board of County Commissioners of Garfield County, Colorado, and filed - in the records of the Garfield County Clerk and Recorder. also--knewt}r;3trzeti ted-aum-be- - - - - TO HAVE AND TO HOLD the same. together with ill and singular the onviicges and appurtenances I!xreunt0 belonging.: In Trust Nevertheless, That in ease of default in the payment of said note or am of them. or any part thereof. or in the payment of the interest thereon, :according to the tenorntd effect of said note or any of them, or in the payment of tlflY prior encumbrance,. principal or interest. if any. or i1, case delau!I ;hall le made in 01 in 1x_.0 of violation orbreach ofanv of the t0 rms.- conditions. .n0rr„ont,0- o ement s herein::ontained. the heneficaar} her eunde.- or the a:g 1107,l.1er-of the indebtedness secured hereby ma} declare 0 . uolauon of any of the de vender- herein contained and elect to trice: toe said , r,tperlt fi,l sale and demand sncli sale. then, upon filing notice of such election and demand 101!ark t hc said part ofthe second part, who:Ai:MI.11'On receipt of such notice of election;ind demand for sale 1,:aW,C21COpy of the same to be recorded in the (00 1101-s office of the county in ah1011 said real estate is situeird. it shall :and nt,a0 be lawful for said pasty ,,f the second part to sell and dispose or the stone Ian mass,: , r in separare parcels. :1, the stud Pnhh: buster may tluni-. i,csIt. .and all the right, title and interest of stud part V a,;`the first par t. 1l 1s hens e;;us: it_:e,n,;0plhlieauction:a!he South .nnaJnorut`thet-ntnlHouse, inthe Count). -of Garfield titatc nt C'nlvr.:d, .01 can s t (7enu,es, n1' attc 01: -p.m -1 the1:' 1 siv2Cilied in the notice of said sale. for the highest and best price the .score w;11 bring In .,ah. 1i1m 1vrep,.- puhhc notice it.1.inc been plc,ionl•, gilrat of the Lute and place ref cuch sale. by advertisement, weekly. m 511111en0•ev t a, eI 1'=f 801101 10v:.ulalw:.n 11111 time published iishell to said 011111111 or Garfield . a copy 111 1t 1110111.0100 01111 11' mailed within R•11 days 111,01 the dale 01110 lint p111 Ile.l1l 11 11111.11! 11, 110 old parr y he in st p.0r1 at a addres, herein riven ::11d 10 such person Ayr persons appeanng to 11:150 required a subsequent record Interest in said read _ .1a.c the - .idles tau -_n n the recorded insL1 ulnen!;'0 herr only the county and stale is given 0,5111 .tIsli 1' the 11 such notice shallboomailed t.othe county seat, and tomo ea,.,gl.,• to;h..pure-Miser *lpurchasers nfsuch property -at such sale. acertificate or certificates in writing describing such property [ 1rch-1s_d. and the sum 01 ,nm- paid herett,I.I. and 1L.e u,1c W11:211 th^ p1111 pun:thasei purchasers tor other person entitled thereto) shall be entitled to a deed or deeds ncerchil .,ple.'.tl:esame shall hercile:: ut:la,.,provided Ls1 Loa.:andsaid Public Trustel:shall. rpmdemand ley1111Pelsonser 1'i e on•. 1011 1150 the said •tif i tfe 0."111111:1110, 01 purchase. _Ise• 011-0 said 11011111nd is 1111)110. 01 11poil 11.1111.1111i 111 1110 Nr- 011 entitled n1' a deed to and for the property purchased. ..t the pmt1 11)C11 a1n111111t 11101' 1110 111110 101- 1111011.)1,11 h: 051'1110d, 111,.x' and ,nems to sneb ,<•ison OF persons .r deed or deeds to 11e 0 r) pa u 1, purchased, 1110 •, said dee c 1.1_d shall he in ;tic n dm .n u . b.n„t :. 0111) e :,.r Vie, and 011111 he signe,1..r. know! ;ed delivered deli:cd ly the said Puhd,1 tfin,tee, as Zr.•nl,1i. and shdil con) et:, and quit claim 10 catch person or persons entitled t0 such deed. as grantee, the ,gill 1;rapn l•. 111:ieh:;.111 ..s aforesaid and s11 ; 10 right. title. 010.1051- i:,_nefrt. and c 1111', nl redemption of e p;trt \r of the first part. h L s 111111, 11116 1i,11111111- I11e1.: n ,rid 1.11-G:11 100110 1 11011 11 111 duns nit which the s cr-1 property was sold and shall refer to the power of sale therein contained. and t0 the sal, or sales inade by virtue thereof: acid In .,tae of 1111 assignment of such certificate or certificates of purchase. or in ease of the redemption 0f s11011 proper tv, by a1 saltsequent encumbrancer. such assignment or redemption shall also be referred to in such deett or deeds; but the notice of sale need not he set out in such deed 1 - deeds and the stud Public Trustee shall. out :d the pro,:eeds or avails of such stile. atter first paying and retaining all Ices. charges :md 101,11t of making said sale.:•'ay 11, 11,11 i'0I10f0ia11 y hereunder or 111 legal holder or r -u111 nolo the principal and Interest due on said note according 111 1110 tenor ,, 0 ! cruet thereof. and ;di moneys advanced try such beneflci:arr or legal holder of .:rid note for insurance. t110125 and assessments. with interest het eon at 15 IV -1 00111 ler annum. rendering the over -pins. of any. unto the. said parry of the first part- his legal rep,resent.un es or assigns. which ,ale or .110!, and said decd of deeds so made shall be it perpetual bar, both in law and equity, against the said par V o f the first part.h a. S heits.and assigns. and all other t.0rsons 1:Iaiming the said property. 01 any part thereof, by. from. through or tinder said pm 1V etf the first part, tit any of them 111e holder or holders of 5.111 note or macs o1 -Iv purchase stud ittoperty or any part thereof; and it shall not be ohliraory upon the purchaser or purchaser- at any such sale t0 000 to the application of the purchase money. 1f a release deed be required, it is agreed that the Marty of the forst part. h1 S heirs or assigns. will pay the rtpcnse (1501001'. No. 341-A. Rev. '78—DEED OF TRUST—Public Trt stee—Rc miver's Chore—Altortley'.c Fees. —Copyright 10)1978 —tlnidffnl Publishing Co., Irian Stout Street. Denver, Colorudnt573_5111 I) --11-78 And the said part y Book 5-36 Page- 847 A of the first partjor himself and for his heirs, executors and administrators covenant S and agree S to and with the said partyof the second part, th t at the time of the ensealing of and delivery of these presents he is well seized of the said landand_ tenements in feesimple,_ and ha S good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims he is may have in or to said lands, tenements, and property as a Homestead Exemption, or other exemption, under and by virtueofanyact 011ie General Assembly oftheState ofColorado, nowexisting or which may hereafter bepassed in relation thereto and that the sameare free and clear of all liens and encumbrances whatever. and the above bargained property in the quiet and peaceable possession of the said party of the second part, his successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the saidparty of the first part shall and will Warrant and Forever Defend. And that daring the continuance of said indebtedness or any part thereof, the said party of the first partwill in due season pay all taxes and assessments levied on saidproperty; all amounts dueon accountofprincipal and interest on prior encumbrances, if any; and will keepall buildings that may at any time be on said lands, insured against loss by fire with extended coverageendorsements in such company or companies as the holder of said note may, from time to time direct, forsuch sum -orsumsas such company or companies will insure for, not to exceed the amount of said indebtedness, except at the option of saidpart of the firstpart, with toss, if any, payable to the beneficiary hereunder, as interest may appear, and will deliver the policy or policies of' insurance to the beneficiary hereunder, as further security for the indebtedness aforesaid. And in case of the failure of said part y of the First part to thus insure and deliver the policies of insurance, or -to pay such taxes or assessments or amounts due or to become due on any prior encumbrances, if any, then the hokierof said note , many of them, may procure such insurance, or pay such taxes or assessments or amount due upon prior encumbrances, if any, and all moneys thus paid, with interest thereon at 15 per centum per annum, shall become so much additional indebtedness, secured by this Deed of Trust, and -shall be paid out ofthe proceeds -ofthe sale of the property aforesaid, if not otherwisepaid by said part of the fast partand may for such failure declare a violation of this covenant and agreement. If all or any part of the property or an interest therein is sold or transferred by First party without beneficiary's prior written consent, excluding (a) the creation ofalien or encumbrance subordinate to this Deed of Trust, (b) the creation ofapurchasemoneysecurityinterest for household appliances, (c) a transfer by devise, descentorby operationoflawuponthedeathofalointtenantor(d)thegrantofany leasehold interest ofthreeyearsorless notcontaininganoptiontopurchase, beneficiary may, at beneficiary's option, declare all the SLIMS secured by this Deed of Trust to be immediately due and payable. Beneficiaryshall-have waived such option toaccelerate if, priorto thesale ortransfer, beneficiary and the person towhomtheproperty is to sold or transferred -reach agreement in writingthatthe credit of such person is satisfactory to beneficiary and that the interest payable onthe sums secured bythis Deed of Trust shall be at such tate as beneficiary shall request. AND THAT IN CASE OF ANY DEFAULT; Whereby the right of foreclosure occurs hereunder, the same party of the second part or the holder of said note or certificate of purchase. shall at once become e..titled to the possession, use and enjoyment of the property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there be; and such possession-shaf.atoncebe delivered to the said-partyofthe second part or the holder ofsaid note orcertificate ofpurchaseon request, and on refusal, the delivery of such possession may beenforced by the said party of the second part or the holdercf said note or certificate of Nrohaseby any appropriate civil suit or proceeding, and the said party of the second part, or the holder of said note orcertcate of purchase, or any thereof, shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after such default, including the time covered by foreclosure proceedings and the period of tedemption, if any there be, andshall be entitled thereto as a matter 'alright without regardto the solvency or insolvency of the part y of the first part or of the then owner of said property and without regard to the value thereof, and such Receiver may be appointed by any court of competent jurisdiction tipon ex parteapplicationandwithoutaotice—noticebeing hereby expressly waived—and all rents, issuesandprofits, incomeand revenuetherefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured, according to the law and the orders and directions of the court. AND, That in case of default in any of said payments of principal or interest, according to the tenor and effect of' said promissory note aforesaid, or any of them, er any partthereof, or of a breach or violationofany of the covenants or agreements herein, by the sties of the first part, hi S executors, administrators or assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of the sale, may at once, at the option of the legalholder thereof, become due and payable, and the said property be sold in the manner and with the same effect as if said indebtedness had matured, and that if foreclosure be made by the Public Trustee, an attorney's fee of the sum of 10 o- of balance owed dollars for services in the supervision of saidforecffosureproceedings shall be allowed by the Public Trusteeasa part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as apart of the costs of such foreclosure proceedings. ShouldanyprovisionofthisDeed ofTrust be found to violate thestatutesorcoundecisionsoftheState ofColorado,orofthe United States, such provision shall be deemed to be amended to comply with andconform to such statutes and decisions. IN WITNESS WHEREOF, The said party of the first part has hereunto set his hand and seal the day_ and year first above written. WITNESS; cex 3lono . tuntyaf Garf�.eld }ss. ty ,101 vt'3lfl• tti,.i a FeE -SEAL] [SEAL] [SEAL] The foregoinginstrument was acknowledged before me this P i 1'li 11 day of oat-. 1979,b Alan A. Storey My commission e - us u 0 P4 Z. E Notary Public. 4 OFORO PUBLISHING C9