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HomeMy WebLinkAbout2.0 Correspondence & SupplementsL.P. ZANCANELLA, Chief VIC ROSA, Asst.Chief • i MARTIN ZEMLOCK, Captain JACK MITCHELL, Secy. Treas. MIKE FATTOR, Lieut. Glenwood Springs Fire Department Member of Colorado State Firemen's Association Box 2043 GLENWOOD SPRINGS, COLORADO 81601 OCT. 4, 1979 Garfield Planning Dept. 2014 Blake Ave. Glenwood Springs Colo. Dear Sir: Reference : HILLVIEW PUD 57 ' OCT r 79 ;;ick 1. Concern over narrow entrance into project and it being the only road into the subdivision. 2. Complex needs 2 more fire plugs or exisiting plugs moved to better location. preferebly more plugs one to be located near entrance. 3. Have real concern over the westbank water wells being big enough to handle this or any other large complex. Even with the additional storage we have had occasion to have people call or dept. complaining of low water pressure at the present time. 4.This project is split into aproxmatley 1/2 in the Glenwood Fire District and /2 in Carbondale Fire District. 5. I would show great concern over the added traffic load to the one lane hardwick bridge. If any car would be wrecked on or broke down on the bridge acees is fairly well blocked for emergency equipment. 6. Who is going to be responsible for snow removal on roads within the complex? Concern on snow storage on the narrow portion of street. The Glenwood Fire Dept. is located aproxmatley 6 miles from westbank and will respond to westbank in aproxmatley 14 minutes from time of notification of need. We will respond with two trucks and aproxmatley 7 men. ';later pumping capacity of responding trucks of or departments will be aproxmatley 1500 Gallons Per Minute. L.P. Zancandlla Fire Chief RICHARD D. LAMM Governor • . W. R. SMITH ^eY State Engineer 0C T 9 1979 DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 October 3, 1979 Mr. Ray Baldwin, Director Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Baldwin: Re: Westbank Ranch, Filing 4 and Hillview PUD We have reviewed the preliminary plan material submitted for the fourth filing of Westbank Ranch and the additional material submitted for the Hillview PUD. Six adjudicated wells are to be used for the water supply with combined appropriations of 260 gpm or 373,300 gallons per day. This is approximately three times the amount of water estimated to be necessary for the existing Westbank development and the proposed Westbank and Hillview developments. We feel that these wells represent a dependable water supply based upon their locations and we recommend approval of Westbank Ranch, Filing 4 and Hillview PUD. JAD/GDV:mvf CC: Lee Enewold , Div. Eng. Ralph Stallman Land Use Comm. Very truly yours, a. Jeris A. Danielson uty State Engineer IIIIIIPr P.O. BOX 1302 GLENWOOD SPRINGS, COLORADO 81601 Mount 1pris Soil Conservation District OC October 3, 1979 Mr. Ray Baldwin Planning Director 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Ray: The Mount Sopris Soil Conservation District Board has reviewed the Hillview Subdivision. We would recommend an on-site investigation by a qualified soils engineer before construction begins. The soils report refers to a change in their report when plans have been developed for the actual buildings. An on-site investigation would prevent unforeseen problems. This subdivision will cause an increase in traffic using the bridge across the Roaring Fork River. Therefore, we feel that plans should be made to replace the present structure with a two lane bridge. Sincerely, 1-2 Richard Cerise Secretary RC/te CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT STATE OF COLORADO Richard D. Lamm, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE Jack R. Grieb, Director 6060 Broadway Denver, Colorado 80216 (825-1192) i OCr P� October 3, 1979 Mr. Ray Baldwin, Planning Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ray: We have reviewed the Hillview P. U. D. and have no comments to make on it. Thanks for letting us see this development preliminary plat. BB/kk cc: Olson Goodyear Sincerely, /411-1 'P Bert Baker Wildlife Program Specialist DEPARTMENT OF NATURAL RESOURCES, Harris Sherman, Executive Director • WILDLIFE COMMISSION, Michael Higbee, Chairman Wilbur Redden, Vice Chairman • Sam Caudill, Secretary • Jean K. Tool, Member • Vernon C. Williams, Member James Smith, Member • Donald Fernandez, Member • Richard Divelbiss, Member • • Roaring Fork School District RE -1 P.O. Box 820 Glenwood Springs, Colorado 81601 Telephone (303) 945-6558 September 26, 1979 Mt. Ray S edw,i,n, DJ c.tor Ganb.ietd County PIann.ing Depa tment 2014 Btake Avenue Glenwood Sp4ing4, Colorado 81601 RE: H-ieeview PUD Dear. Mn. Ba.edw.in: NICHOLAS R. MASSARO, Superintendent DWIGHT L. HELM, Assistant Superintendent WALLA(tM. PARKER, Assistant Superintendent, Business 5'`r The Board ob Education ob Roaming Fork Schoot D,c4tAiet RE -1 .ia recommending the dottat value donation ob one ac/.e ob Land on. each bibty homesitea an dottan vatue ob 4a.id donation to be depo4 ted with the Gaq ieZd County CammWs— zionerus to be w e.d by the 4choot, d.i4 cict bot the puncha.e o4 butane 4 cho of 4-i teb . Eq ty .sates woad nepne4 ent the do.2tan va.eue o4 one (1) acne. S.incen.eey youn4, Aeih �ty(L Li o �e�2 chho&t6 R. Massaro RICHARD D. LAMM GOVERNOR COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER, COLORADO 80203 PHONE 1303) 839-2611 September 25, 1979 Mr. Ray Baldwin Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 n Jd OLD SE Direa r �' ( �y'9 Dear Mr. Baldwin: RE: HILLVIEW P.U.D. We have reviewed the materials submitted to us regarding the Hillsview P.U.D. It is our opinion that the information in the report concerning the engineering geology and soils is insufficient for us to evaluate the proposal. The cover sheet to this section is entitled "General & Engineering Geology & Soils..." and the following statement indicates that this information is included. However, the body of the report contains only general information and recommenda- tions concerning the soils and foundation design. The report states that subsurface soils and geological engineering investigation has been performed but no data is presented. If this data is available we would like to review it. If it is not available, it should be collected. The main issues that need to be resolved are: 1. What is the relationship of the Eagle Valley Evaporite to the site, and 2. What is the potential for hydrocompaction of the unconsolidated material of the tract. These types of problems are not uncommon in the general vicinity of the proposed P.U.D. and they should be addressed in some detail for a development of this nature. We look forward to being able to respond further to your request when additional information becomes available. JLH/ba y truly, ey Hynes nee ing Geologist cc: Land Use Commi ss i o GEOLOGY TORY OF THE PAST... KEY TO THE FUTURE 1 • CENTENNIAL ENGINEERING, INC. CENTENNIAL PLAZA, CARBONDALE, COLORADO 81623, (303) 963-1753 September 20, 1979 State of Colorado Division of Water Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Attention: Mr. George VanSlyke Re: Westbank Ranch and Hillview P.U.D. I am forwarding a combined water report for the above projects for your review per our telephone conversation of September 20, 1979. Adjudication and capability appear to exceed demand by a factor of approximately 3 for domestic purposes, and a factor of approxi- mately 10 for irrigation purposes. Entity responsibility is indicated in the attached metropolitan district draft as supplied by Mr. Dan Kerst, attorney for the applicant. Our firm intended that the Westbank and Hillview projects be reviewed concurrently. However, the projects became separated in process so that you did not receive complete information for your review. I apologize for that deficiency. Our office has discussed the reports with Mr. Baldwin of the Garfield County Planning Department and will forward a courtesy copy of this correspondence to his office. If you require any additional information, please feel free to call. Thank you. Sincerely, CENTE NIAL ENGIERING, INC. Dale L. Lauer, P.E. Enclosure cc: Ray Baldwin • • COMBINED DOMESTIC WATER REPORT WESTBANK RANCH AND HILLVIEW P.U.D. PREPARED FOR JOHN HUEBINGER AND DONALD ICE AUGUST 1979 Job No. 9035 Job No. 9036 ! • WATER REPORT WESTBANK RANCH AND HILLVIEW P.U.D. SCOPE OF REPORT The purpose of this report is to outline the source, service, and storage requirements for domestic water supply for the development of Westbank Ranch and Hillview P.U.D. The proposed water supply facilities are based on computations of peak demand rates, and fire flow requirement rates in accordance with technical criteria set by Garfield County. SYSTEM DESCRIPTION Source: All domestic water for Westbank Ranch and Hillview P.U.D. will be supplied from six existing wells onsite. Total pumping capacity for the six wells is approximately 373,300 GPD. Irrigation water will be supplied by Robertson Ditch #47. Water rights adjudication is shown attached. Service: Domestic service will be provided by construction of new 8" and 6" water mains to service all proposed units within the developments. A 6" water main will be constructed to tie the Westbank Ranch system to the adjacent Hillview P.U.D. system for continuation of system service through storage drawdown in event of temporary component failure. 1 • Storage: Storage will be provided by both construction of two new 60,000 gallon storage tanks onsite and interconnection into the existing Westbank Ranch storage system which has a current storage capacity of 100,000 gallons. Total storage for both systems upon completion of development will be 220,000 gallons. GENERAL Design of the water system was based on parameters taken from past apartment complex and townhouse systems known to have satisfactory water supply systems. DESIGN PARAMETERS The following design data were used in this study. a. 100 residences (existing Westbank Ranch) 98 residences (proposed Westbank Ranch) 50 townhouse units (proposed Hillview) 248 Total Units b. 150 GPCD c. 2.8 persons per unit (townhouses) 3.2 persons per unit (residences) d. 3.0 peak factor for pipe sizing • • CONCLUSION All domestic water will be supplied in accordance with the proposed water system plan. Storage and continuity will be provided by interconnection of systems and by construction of two new storage tanks. • • WATER REQUIREMENTS WESTBANK RANCH AND HILLVIEW P.U.D. DAILY DEMAND: 50 Townhouse Units (Hillview P.U.D.) 2.8 Persons per unit 150 GPCD (does not include irrigation) 3.0 Peak factor for pipe system sizing (50)(2.8)(150) = 21,000 GPD X 3.0 = 63,000 GPD 100 Residences (Existing Westbank Ranch No. 1, No. 2 and No. 3) 3.2 Persons per unit 150 GPCD (does not include irrigation) 3.0 Peak factor for pipe system sizing (100)(3.2)(150) = 48,000 GPD X 3.0 = 144,000 GPD 98 Residences (Proposed Westbank Ranch No. 4) 3.2 Persons per unit 150 GPCD (does not include irrigation) 3.0 Peak factor for pipe system sizing (98)(3.2)(150) = 47,040 GPD X 3.0 = 141,120 GPD * * * TOTAL DEMAND = 116,040 GPD • DAILY ADJUDICATION: DOMESTIC W-1064 Westbank No. 1 W-1064 Westbank No. 2 W-3691 Westbank No. 3 W-3898 Westbank No. 4 W-1299 Hillview No. 1 W-1300 Hillview No. 2 TOTAL DOMESTIC 21,600 GPD 21,600 GPD 56,870 GPD 194,400 GPD 14,200 GPD 64,630 GPD 373,300 GPD IRRIGATION W-2516 (Change of Use) Robertson Ditch --1889 2,585,000 GPD Robertson Ditch --1889 2,262,000 GPD Robertson Ditch --1952 5,816,000 GPD TOTAL IRRIGATION 10,663,000 GPD • STORAGE: Westbank (Existing) 100,000 Gallons Westbank (Proposed) 60,000 Gallons Hillview P.U.D. (Proposed) 60,000 Gallons TOTAL 220,000 Gallons DAILY DEMAND = 116,040 Gallons STORAGE CAPACITY = 220,000 Gallons Storage Factor = 220,000 = 116,040 = 1.9 Days* * Calculated at a pumping rate of 0.0 GPD • • DAILY PUMPING CAPACITY: Pump rates and capacities are currently under review to determine a suitable pumping array such that all pumps will operate approxi- mately 25% of each day to supply the indicated demand. Design and appropriate application for additional pumping facilities if needed will be supplied at the time of final platting. OWNERSHIP AND OPERATION: A metropolitan district is proposed. Please refer to the attached drafts. 0 GRAND AVENUE 0 i • JAMES M. LARSON ATTORNEY AT LAW P.O. BOX 476 GLENWOOD SPRINGS, COLORADO 81601 August 30, 1978 Mr. Ron Liston Land Design Partnership Suite 208, Village Plaza Glenwood Springs, CO. 81601 Dear Ron: TELEPHONE 303 - 945-8659 Enclosed is a brief written summary of the water rights owned by Westbank Ranch No. 1, Ltd. relative to both domestic and irrigation adjudications. The deed by which Westbank Ranch No. 1, Ltd. acquired title to the Westbank Ranch properties, conveyed "any and all ditch and water rights belonging to, used upon or in connection with said lands", and then went on to describe specifically the various priorities in the Robertson Ditch No. 47. It would appear that by the conveyance language, Westbank acquired all water and ditch rights and not only limiting the same to Robertson Ditch No. 47, although Westbank is unaware of any ownership in or claim to water or ditch rights other than Robertson Ditch No. 47. Yours truly, JML/ef Enc. cc: Mr. John Huebinger, Jr. 21 7,^ GRAND AVENUE • • • JAMES M. LARSON • ATTORNEY AT LAW P.O. BOX 476 GLENWOOD SPRINGS, COLORADO 81601 TO WHOM IT MAY CONCERN: August 30, 1978 Ron Liston of Land Design Partnership requests that I briefly outline the water rights appurtenant to the Westbank Ranch Subdivision in Garfield County, Colorado. I previously have furnished Mr. Liston with copies of pertinent documents evidencing the existance of such rights. I therefore will not duplicate my efforts with regard to such photocopy information. TELEPHONE 303 - 945-8659 The domestic water rights are comprised of Westbank Ranch No. 1, Ltd. Well No. 1 (15 gpm), Westbank Ranch No. 1, Ltd. Well No. 2 (15 gpm), and Westbank Ranch No. 1, Ltd., Well No. 3 (25 gpm absolute, 15 gpm conditional). All of said water rights have been adjudicated for domestic purposes and other purposes, and domestic use is the primary use to service the single family dwellings which have been constructed at Westbank Ranch Subdivision together with their appurtenant lawns and gardens. The other domestic right is represented by Westbank Ranch No. 1, Ltd. Well No. 4. An Application for this water right will shortly be filed seeking an adjudication of 135 gpm for domestic, commercial and recreational purposes. My understanding is that all four wells are presently in use and are pumping at the adjudicated amounts. On October 27, 1975 the water referee for Water Division No. 5 entered his ruling with respect to the Robertson Ditch, out of which Westbank Ranch No. 1, Ltd. has certain adjudicated rights, namely 10.0 cubic feet of water per second of time encompassing three different adjudications, an original and two enlargements. The ruling allowed Westbank to change the method of use of the water owned in the Robertson Ditch and to store the water, at necessary times, in five storage ponds and therefrom to use the water for recreational, piscatorial, and irrigation purposes for the Westbank Ranch Golf Course. All construction encompassed by the requested change was completed and the system has been in full operation since August of 1972. The referee's 22 August 30, 1978 Page 2 ruling was made he judgment and decree of Court on April 26, 1976. JML/ef cc: Mr. John Huebinger, Jr. Yours very truly, 23 • • WESTBANK RANCH WATER RIGHTS Prepared by Ray D. Walker P.E. 24 • • Name of Water Right Robertson Ditch* Robertson Ditch* Robertson Ditch* West West West West Bank Well Bank Well Bank Well Bank Well Westbank Ranch Water Rights Adj. Date Approp. Date Pri. Amt. Amt. CFS Owned 05/11/1889 02/11/1883 52 4.0 1.6 05/11/1889 04/01/1885 112 3.5 1.4 10/24/1952 04/02/1950 9.0 7.0 * W-2516 Change of Use No. 1 No. 2 No. 3 No. 4 12/31/1972 12/31/1972 12/31/1978 12/31/1978 25 12/31/1962 12/31/1962 04/11/1976 09/01/1977 10.0 Total Amt. W - GPM Case 15 1064 15 1064 40 3691 135 3898 205 Total • • • Domestic Water * "The water system serving the existing Westbank development will be extended to serve the PUD housing. There will be no irrigation from the water system; all irrigation will be with ditch water from existing irrigation ditches and will be provided as required to individual homeowners. This is the same situation which exists in the present development. Average daily demand is estimated at 33,000 GPD for the PUD and 68,000 for all of Westbank. Peak day demand is estimated at three times the average day or 99,000 GPD and 204,000 GPD respectively; peak instantaneous demand is estimated at six times average day demand or 138GPM and 285 GPM respectively. Total well capacity in the four (4) existing wells is estimated at 150 GPM which is more than adequate to provide the peak day demand of 140 GPM (204,000 GPD). The PUD will constitute a separate pressure zone and will require its own storage facility. Water will be pumped to this zone from the existing pressure zone. Storage will be 85,000 gallons based on provided an average day demand plus 500 gallons fire storage per unit. Distribution lines will be minimum 6 -inch, designed to deliver 500 GPM to all fire hydrants at a minimum residual pressure of 20 psi." * Quoted from the report by Dean W. Gordon P.E. Water For Irrigation Purposes The use of water for landscape irrigation is applied principally on grasses. The growing season for grasses is longer in duration than the frost -free periods of each year. The growing season for grasses will generally extend from the first of May through September and has been assumed to be an average of 163 days. The quantity of water required for irrigation to sustain grasses is equal to the seasonal evapo-transpiration rate less precipitation. Based on several studies conducted by the U.S. Department of Agriculture on blue grass at Fort Collins, Colorado, these grasses will evaporate approximately 26 to 30 inches per season The average annual precipitation during the growing season is 6.0 inches, leaving a net irrigation requirement of 20 to 24 inches per year. The maximum areas which may be placed into landscape will equal the total platted areas for each area of development, less areas placed into paved streets, parking areas, walkways, driveways, building and open spaces. The potential irrigated acreages are as follows: 1. Existing Westbank Ranch -- 100 dwelling units Potential irrigated land -- 100.6 acres 2. Westbank Ranch P.U.D. (expansion area) -- 101 dwelling units and park Potentially irrigated land -- 34.6 acres 3. Westbank Golf Course Potentially irrigated land -- 40.0 acres Total 175.2 acres • • • Analysis Total well capacity in the four (4) existing wells is decreed for 205 gallon per minute based on the actual yeilds of the individual wells. Total water available from the three (3) Robertson ditch rights equals ten (10) cubic feet of water per second of time. If the Robertson Ditch rights were utilized to their full potential during the 163 day growing season, 3,260 acre feet of water would be diverted. The 175.2 acres of potentially irrigated lands of the Westbank Ranch could require as little as 350.4 acre feet per year based on the Fort Collins studies. The ten (10) cubic feet of water is more than adequate for the 175.2 acres. Special Comments The earliest two Robertson water rights are senior enough to prevent being "called out" by downstream appropriators. The 1950 Robertson water right and the Westbank well rights are relatively junior rights but are protected from curtailment. This protection is partially provided by releases from Green Mountain Reservoir for irrigation and domestic use during the normal irrigation season (April 15 to October 15). Additional protection can be provided by long range contract through the Colorado River Water Conservation Disctrict with the Bureau of Reclamation for water stored in Reudi Reservoir. Respectfully submitted, Ray D. Walker P.E. PURPOSE OF SERVICE PLAN The purpose of this service plan is to provide sufficient preliminary engineering and financial information so that the feasibility of the proposed Westbank Metropolitan District can be determined by the Board of County Commissioners of Garfield County, Colorado. This plan has been prepared at the request of the Peti- tioners for organization of the Westbank Metropolitan District and the Westbank Ranch Golf and Country Club, formerly known as the Westbank Ranch Homeowners Association. DISTRICT BOUNDARIES The proposed Westbank Ranch Metropolitan District would include within its boundaries all of the land set forth in the Petition for formation of the District, a copy of which is attached hereto and marked Exhibit "A". A map of the proposed district is attached here- to and marked Exhibit "B". PURPOSE OF DISTRICT The proposed Westbank Metropolitan District would take over from Westbank Ranch No. 1 Ltd., the developer of the Westbank Ranch Subdivision, the domestic water system, irrigation water, golf course and green belt areas as are presently within the boundaries of the proposed district. In addition, the District would take over from Donald J. Ice, who has contracted to purchase that part of the pro- posed District commonly known as Hilvue Acres, all of the water rights appurtenant to his development which would then be connected to the existing domestic water system. The purpose of the District will be to supply domestic and irrigation water within the District and to establish and maintain a public park with recreation facilities located thereon. PROPERTY TO BE TRANSFERRED TO THE DISTRICT The real property that Westbank Ranch No. 1 Ltd. would transfer to the District would include the easement for greenbelt areas estab- lished in the Westbank Ranch Subdivision Filings No. 1, 2 and 3 (a copy of such plats are attached hereto as Exhibits "C", "D" and "E" respect- ively) as well as all of the land used for the existing Westbank Ranch Golf Course, being all of the land owned by Westbank Ranch No. 1 Ltd., lying within the boundaries of the proposed District and north of Westbank Road and Oak Lane and South of the Roaring Fork River and excluding the lots in Westbank Ranch Subdivision Filings No. 1, 2 and 3. In addition, all water and water rights and the existing water system owned by Westbank Ranch No. 1 Ltd. and appurtenant to the land lying within the proposed District would be transferred to the District along with any additional easements necessary to operate the existing water system. A copy of Westbank Ranch No. 1 Ltd.'s offer to transfer said land, water, water rights and water system along with the improve- ments that it agrees to make to water system prior to the transfer is attached hereto as Exhibit "F". Donald J. Ice has agreed to transfer to the District the water rights appurtenant to his Hilvue Acres development and to construct, at his cost, the water storage necessary for his development. Ice, in addition, has agreed to pay to the District the sum of $2250.00 for each living unit developed on the Hilvue Acre property. Ice's agree- ment to transfer the above -stated property to the proposed District is set forth in the Memorandum Agreement between Ice, Westbank Ranch No. 1 Ltd. and approved by the Westbank Ranch Golf and Country Club, a copy of which is attached hereto as Exhibit "G". ENGINEERING SURVEY At the present time the domestic and irrigation water system to be acquired by the proposed district is an operating and functioning entity with ditches, wells, pumps, pipelines and storage facilities. Stanley L. Dodson, P.E., has made an evaluation of the existing domes- tic water system, a copy of his report dated April 17, 1978 is attached hereto as Exhibit "H". Under the terms of the Memorandum Agreement with Don Ice, the pro- posed district would have to supply domestic and irrigation water to his development. The open space in his development would only be irrigated from the Westbank irrigation system and all costs of any facilities needed for this would be borne by Don Ice. The cost of installation of water lines and water storage needed to serve the Ice development and to convert his development with the Westbank domestic water system would also be paid for by Ice. Stanley Dodson, P.E., has made a report on the water needs for the proposed Ice development, a copy of which dated June 16, 1978 is attached hereto as Exhibit "I". In addition, Stanley Dodson, P.E., has made a study of the domestic water storage needed for the existing Westbank Ranch Sub- division, Filings No. 1, 2 and 3 and the proposed Don Ice Develop- ment. A copy of that report, dated September 5, 1978, is attached hereto as Exhibit "J". The letter offer from Westbank Ranch No. 1, Ltd., attached as Exhibit "F", would require the proposed district to provide irrigation and domestic water at the location of the newly constructed storage reservoir for the future development of land within the proposed district owned by it. The cost of distribution lines would be paid for by Westbank Ranch No. 1, Ltd. The golf course to be acquired by the proposed district is an operating 9 hole golf course with an existing club house. At the present time, it does not appear that any additional improvements would be needed by the proposed district, but additional wells and/or water storage facilities may be needed in the future to supply the water needs of the district. GOLF COURSE OPERATION The existing Westbank Ranch golf course was leased to the West - bank Ranch Homeowners Association nowknown as the Westbank Ranch Golf and Country Club, effective as of January 1, 1978, a copy of said lease is attached hereto as Exhibit "K". The golf course is also subject to an employment contract with Dan Sommers, a copy of such contract as amended is attached hereto as Exhibit "L". In addition, the Westbank Ranch Homeowners Association now known as the Westbank Ranch Golf and Country Club entered into a lease with the City of Glenwood Springs, Colorado through December 31, 1978 to insure that the golf course is maintained and made available for public use, a copy of said lease is attached hereto and marked Exhibit "M". It is anticipated that a similar lease will -be, entered into for the year 1979 between Westbank Ranch Golf and Country Club and the. City of Glenwood Springs, Colorado. • IRRIGATION WATER SYSTEM The Westbank Ranch Irri:gati_on Water System, including all the water and ditch rights in the Robertson Ditch owned by Westbank Ranch No. 1, Ltd. have been leased to the Westbank Ranch Homeowners Association now known as the Westbank Ranch Golf and Country Club as set forth in Exhibit "K". The Westbank Ranch Golf and Country Club have established rules for the use and maintenance of the West - bank Ranch Irrigation Ditches, a copy of which is attached hereto as Exhibit "N". An agreement for the cleaning, repair and maintenance of the Robertson Ditch was entered into on January 8, 1979 between Westbank Ranch No. 1, Ltd. and James L. Rose and approved by the Westbank Ranch Homeowners Association, which agreement covers the water rights leased from Westbank Ranch No. 1, Ltd., a copy of said agreement is attached hereto and marked Exhibit "Q". FINANCIAL SURVEY OF THE PROPOSED DISTRICT Cecil L. Dunn, a public utility consultant has made a study of the financial operation of the Westbank Ranch Water System for a norm- al year of operation, which report is attached hereto as Exhibit "O". The financial operation of the Westbank Ranch Golf Course for the year 1978 and as projected for the years 1979 through 1982 is reported on the attached Exhibit "P" from Lyle W. Beattie, the golf chairman of the Westbank Ranch Golf and Country Club. The proposed district would receive from Don Ice the sum of $2250.00 for each living unit developed in his development as set forth in Exhibit "G". In addition, under the By-laws of the Westbank Ranch Homeowners Association, now known as the Westbank Ranch Golf and Country Club, the Westbank Ranch no. 1, Ltd. is to make a capital contribution of $500.00 for eachadditional lot that it develops, which contributions would inure to the benefit of the proposed district. POPULATION OF THE PROPOSED DISTRICT The proposed district encompasses the Westbank. Ranch Subdivision Filings No. 1, 2 and 3 which have a total ,of 100 lots. The balance of the land in the proposed district consists of the proposed Don Ice development and land owned by Westbank Ranch No. 1, Ltd. and available for development by it except for the land it would transfer to the proposed district. At the present time, there are 62 living units occupied within Westbank Ranch Subdivision Filings No. 1, 2 and 3 and in addition 12 others are either completed or under construction.Five living units are presently occupied on the site of the Don Ice development. Taking an assumed average of 3.5 persons for each of the 67 occupied living units, the present population of the district would be 234 persons. The Westbank Ranch Subdivision Filings No. 1, 2 and 3 consist of 100 single family lots. Don Ice has stated that he would like to develop a maximum of 64 living units and Westbank Ranch No. 1, Ltd. has indicated that they would like to develop an additional maximum of 101 living units. Therefore, a maximum of 265 living units would be developed in the proposed district. Taking the assumed average of 3.5 persons for each living unit, the maximum total population for the proposed district would be 927 persons. It is assumed that most of the living units within the proposed district would be completed within the next 5 years, based upon the plans of the developers and the agreement between them set forth,in Exhibit "G". ASSESSED VALUATION The assessed valuation of 1978 for the land and improvements lying within the proposed district as obtained from the Garfield County Assessor is $741,570.00. An estimate of the valuation for assessment of the proposed district in the future would be $3,305,875 based upon 265 completed living units at an assumed assessed valuation average of $12,475.00 as compiled from a sampling of representative existing completed living units. FINANCING AND COSTS The proposed district would owe to Westbank Ranch No. 1, Ltd. the sum of $50,000.00 for the property that it would turn over to the district. The proposed terms of repayment of this sum is in ten equal annual installments with interest at 5% per annum, payable annually. From the financial surveys herein submitted, it appears that the repayment of this sum should be able to be made out of cur- rent revenues generated by the operation of the golf course and water system. While the proposed district does not anticipate that any improve- ments would be needed and therefore no bonded indebtedness issued by said district, it may be necessary from time to time for the district to borrow money as permitted by law to repair, replace or add equip- ment also part or to improve the facilities of the district. The district may at some future time determine to levy and collect taxes to pay a of the cost of the operation of the district as permitted by law. The Westbank Ranch Golf and Country Club has undertaken to pay the filing fees and miscellaneous costs in connection with the organization of the district. The attorney who has been working with the Westbank Ranch Golf and Country Club in helping with the formation of the proposed district has agreed that there will not be any charge for his services if the district is not formed. In the event the district is formed, he will permit the Directors of the District to determine what fee the District will pay which in any event it is estimated would not be more than $5,000.00 includ- ing costs. SEWER PLANT The agreement between Don Ice and the Westbank Ranch No. 1, Ltd. set forth as Exhibit "G" herein makes reference to a joint sewer plant for their proposed developments and that the operation may be turned over to the proposed district at some future date. The proposed district does not at this time plan to operate or otherwise participate in any such sewer plant, and any such decision in the future would have to be approved in a modification of the service plan for the district by the appropriate government officials • • in accordance with the laws pf the State of Colorado. Respectfully submitted, Robert F. Chaffin Attorney for Petitioners for Organization of Westbank Metropolitan District 811 Colorado Avenue, P. 0. Box 698 Glenwood Springs, Colorado 81601 Phone: 945-5474 PETITION TO THE DISTRICT COURT GARFIELD COUNTY, COLORADO FOR ORGANIZATIQN OF THE WESTBANK METROPOLITAN DISTRICT The undersigned being' taxpaying electors of the proposed Westbank Metropolitan District do hereby petition the District Court in and for Garfield County, Colorado for the organization of a Metropolitan District as provided for under the provisions of C.R.S. 1973 Section 32-3-101, et seq, as amended, which district shall be known as the Westbank Metropolitan District. The purpose of the Westbank Metropolitan District is to take over from Westbank Ranch No. 1 Ltd., the developer of most of the land in the proposed district, the domestic water system, irrigation water system, golf course and green belt areas as are presently within the boundaries of the proposed district and to supply domestic and irrigation water within the district and to establish and maintain a public park with recreation facilities located thereon. The domestic and irrigation water system to be acquired by the proposed district is an operating and functioning entity with ditches, wells, pumps, pipelines and storage facilities. The golf course to be acquired by the proposed district is an operating 9 hole golf course with a club house. At the present time no additional improvements would be needed, but additional wells and/or storage facilities may be needed in the future to supply the water needs of the district. Donald Ice, who intends to develop the approximate 8.154 acres commonly known as Hivue Acres which is a part of the proposed district, has agreed to transfer to the district water, water rights and wells appurtenant to the Hilvue Acre property in return for the right to have said land served by the district for domestic and irrigation water purposes, and to provide, at his cost, the additional water storage required by the authorities of Garfield County, Colorado for his development. The boundaries of the Westbank Metropolitan .District.will.be all of the land within the following including all. of the Lots in Westbank Ranch Subdivision Filings No 1, 2 and 3: Situate, lying and being in the County of Garfield, and State of Colorado, to -wit: Exhibit A Lots 14 and 25 in Sec. 1, T. 7 S., R. 89 W., 6th P.M.., and that part of. Lots 5, 13, 15 and 24 in said Sec. 1, lying South and West of the following described line: Beginning at a pointon the North line of said Lot 5 whence the Northwest corner of said Sec. 1 bears. South 86°33' West 93.88 feet, thence South 22°03' East 60.4 feet, thence South 16°31' East 126.7 feet, thence South 11°33' East 542.7 feet, thence South 19°41' East 969.7 feet, thence South 34°08' East 283.0 feet, thence South 52°22' East 706.0 feet, thence South 32°58' East 582.6 feet, thence South 44°29' East 406.0 feet to the East line of said Lot 24. Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 19 and 20; all in Sec. 2 T. 7 S R. 89 W. 6th P. M. That part of Lot 3 of Sec. 36 and that part of Lots 11 and 26 of Sec. 35 all in T. 6 S., R. 89 W., 6th P. M., lying Southwesterly of the following described line: Beginning at a point on the South line of said Lot 3 whence the Southwest corner of said Sec. 36 bears South 86°33' West 93.88 feet, thence North 22°03' West 312.7 feet, thence North 46°47' West 545.5 feet, thence North 42°04' East 160.0 feet to the center of the Roaring Fork River, thence North 51°48' West 124.1 feet along the center of the Roaring Fork River, thence North 45°57' West 239.8 feet along the center of the Roaring Fork River, thence North 64°33' West 507.8 feet along the center of the Roaring Fork River, thence North 84°52' West 169.6 feet along the center of the Roaring Fork River to the West line of said Lot 26. Lots 12, 13, 14, 15, and 27 in Sec. 35 T. 6 S., R. 89 W., 6th P. M., and that part of Lots 7, 8 and 28 in said Sec. 35 lying South of the Roaring Fork River. Also, Lots numbered 8, 18, 21 and 22, all in Section 2 T 7 S., R. 89 W. of the 6th P. M.. A tract of land situated in Lots 26 and 11, Sec. 35, and Lot 3, Sec. 36, T. 6 S., R. 89 W., 6th P. M., and Lot 5, Sec. 1, T. 7 S., R. 89 W., 6th P. M., described as follows: Beginning at a point on the South line of said Lot 3 whence the Southwest corner of said Sec. 36 bears S. 86°33' W. 93.88 feet; thence N. 22°03' W. 312.7 feet; thence N. 46°47' W. 545.5 feet; thence N. 42°04' E. 137.2 feet, more or less to the high water line on the Westerly bank of the Roaring Fork River; thence S. 48°11' E. 445.0 feet along said high water line to a point near the Hardwick Bridge; thence S. 28°55' E. 573.6 feet, more or less, to an existing fence corner lying Easterly of the County Road as now constructed and in use; thence S. 30°06' E. 300.1 feet along said fence line to the angle point in said fence; thence S. 19°33' W. 389.9 feet along said fence to the angle point in said fence Easterly of County Road; thence S. 40°32' W. 63.7 feet to a point in said fence on the Westerly side of the County Road; thence N. 11°33' W. 542.7 feet; thence N. 16°31' W. 126.7 feet; thence N. 22°03' W. 60.4 feet to the point of beginning. Part of the proposed district lies within the Carbondale Rural Fire Pro— tection District and part within the Glenwood Springs Rural Fire District. All of the proposed district lies within the Basalt Water Conservancy District and the Colorado River Water Conservancy District. WHEREFORE the undersigned do hereby pray to the District Court in and For Garfield County, Colorado for the organization of the Westbank Metropolitan District. RICHARD D. LAMM Governor • • DIVISION! OF WATER RESOURCI P Department of Natural Resources 1313 Sherman Street - Room 818 CARP jLu Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 September 17, 1979 Mr. Ray Baldwin, Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Hillview PUD Dear Mr. Baldwin: 19 1979 W. R. SMITH Acting State Engineer This is to acknowledge receipt of preliminary plan information for the above referenced subdivision consisting of 50 townhouse units. We have reviewed the water supply information and the following comments are pre- sented for your consideration: 1. The water supply plan consists of a central distribution system serving this development and Westbank Ranch (198 units). These subdivisions would be served by two wells with an adjudicated capacity of 55 gpm. These wells would provide about 79,200 gallons per day if pumped full time. The water requirements as stated in the engineer- ing report are 116,040 gallons per day for both developments. Thus, it appears that an additional well permit is needed for an additional well or an application to increase the size of the pump must be approved by our Ground Water Section prior to increasing the physical capacity of the system. To our knowledge, either of these applications have not been submitted. 2. The physical capability of the aquifer to meet the greater production necessary has not been shown nor has the legal dependability of these junior water rights been discussed. Mr. Ray Baldwin • • -2- Sept. 17, 1979 3. The entity responsible for ownership, operation, and maintenance of the water system has not been presented. Homeowners should be assured of adequate representation with regard to water service charges and tap fees. Due to the lack of discussion on the above, we do not recommend approval of the subdivision. If additional information is provided, we would be most happy to review it upon your request. Very truly yours . jeris A. Danielson puty State Engineer jAD/HDS:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. 1 ROBERT DELANEY KENNETH BALCOMB JOHN A.THULSON EDWARD MULHALL,JR. ROBERT C. CUTTER SCOTT M. BALCOMB DAVID R. STURGES LAWRENCE R. GREEN DELANEY & BALCOMB ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPRINGS, COLORADO 81601 September 13, 1979 Mr. Ray Baldwin, Planning Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 RE: Hillview P.U.D. Dear Ray: SFP 979 // • 818 COLORADO AVENUE 945-6546 TELEPHONE 945-2371 AREA CODE 303 I have received copies of the preliminary plat from the Hillview P.U.D. and supporting material presumably as the representative of the Basalt Water Conservancy District. As you are aware, the District comments with respect to proposed legal water supplies for developments proposed within its boundaries at the request of county planning departments. Our comments do not run to the adequacy of the proposed physical water supplies as that is adequately covered else- where in other governmental units. It is somewhat doubtful that this development is located, in fact, within the boundaries of the Basalt Water Conservancy District. In this area, our maps would indicate that the boundary follows the centerline of the Roaring Fork River. However, with respect to the proposed legal water supply, based on the material we have seen, we recommend that you be extremely cautious in approving the development. No evidence of an adequate legal supply was offered in connection with the preliminary plat or supporting material. The existing onsite wells which are intended to provide the physical supply do not appear to have an early enough priority date to provide dependable water service without • • Mr. Ray Baldwin, Planning Director September 13, 1979 Page 2 evidence of some plan of augmentation or other exchange arrangements. For additional information on this problem you might wish to contact the West Divide Water Conservancy District. Very truly yours, DELANEY AND,-BALCOMB By SB:pc cc: Floyd Crawford Scott Balcomb 2014 BLAKE AVENUE GARFIELD COUNTY • PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 September 7, 1979 To: All Reviewing Agencies Re: Hillview P.U.D. PHONE 945-8212 SEP %j 19'9 L`' rI-411t4ER Please find enclosed copies of the preliminary plat for the Hillview P.U.D. This proposal consists of 50 townhouse units on 9.0 acres. It will be served by central water and sewer. We would appreciate your review and comments on this proposal by Monday, October 8, 197Q, at which time a public hearing will be held. Thank you for your participation. RB/hr Enc. C In C' -e. bt -( L Sincerely, Ray Baldwin Planning Director Need . c her v o ►^ n ,. e „r5 e (1 ^ _ C'. l^- lr 5 '; q r r% it cc? b ie, `-! r 4'' roa4('')a� Y 1 aCC, CC fIC' (-ci ' 't� 1 _� v�S — VLe" c-eew\ C C5 j cl_",;1_J . M a� • • COLORADO DEPARTMENT OF HEALTH (J C 4210 EAST 11TH AVENUE DENVER, COLORADO 80220 • PHONE Anthony Robbins, M.D., M.P.A. Executive Director September 7, 1975 Westbank Development Co, Inc.- John Huebinger Jr. 0235 Oak Lane Glenwood Springs, CO 81601 Re: Site Application No. 3296 for 85,000 gpd lagoon golf course irrigation - Garfield County Gentlemen We are pleased to inform you that the Colorado Water Quality Control Commission approved your application at its meeting held on September 4, 1979 . The following conditions are applicable: This site approval will expire on September 4, 1980 . If the construction of the project has not commenced by that date, you must reapply for a new site approval. This approval does not relieve the owner .from compliance with all county regulations prior to construction nor from responsibility for proper engineering, construction, and operation of the facility. Very truly yours, Roger H. Smades, P.E., Chief Field Services Section Water Quality Control Division RHS:dec cc: -0 -so •- I District Engineer � l4Ilr,T13 PROTECTIVE COVENANTS FOR HILLVIEW PLANNED UNIT DEVELOPMENT Donald J. Ice, being the sole owner of that real property known as the Hillview Planned Unit Development (hereinafter referred to as the "PUD"), situate in Garfield County, Colorado, and described in the plat thereof recorded in the office of the Clerk and Recorder of Garfield County, Colorado on the day of , 1979, as Reception No. , hereby declare and establish that said real property shall be subject to the covenants, restrictions and reservations as hereinafter provided, which shall constitute covenants running with said real property. NOW THEREFORE, in contemplation of the sale of ownership units within the PUD to the general public, the owner hereby declares that all of the above described real property and any portion thereof is held and shall be held, owned, conveyed, encumbered, leased, rented, used, occupied, or improved, subject to the following limitations, covenants, agreements, restrictions, conditions, easements and charges (hereinafter collectively referred to as "covenants"), all of which are declared and agreed to be in furtherance of the plan for the PUD and the improvement and sale of ownership units therein and are declared and established and agreed upon for the purpose of enhancing the value, desirability and attractiveness of said property and every part thereof. All of the covenants shall run with the land and shall be binding on all parties having or acquiring any right, title, or interest in said lands or any part thereof and are as follows: 1. HOMEOWNERS ASSOCIATION. Any and all owners of a fee simple title to any ownership unit in the PUD shall be required to be a member of the Hillview Homeowner's Association, a Colorado non-profit corporation (hereinafter the "Association"), the Articles of Incorporation of which are recorded as Reception No. of the records of the Clerk and Recorder of Garfield County, Colorado. If title to an- ownership unit is held by more than one person or entity, the membership related to that ownership unit shall be shared by all such persons in the same proportionate interests and by the same type of tenancy in which the title to the ownership unit is held. The owner or owners of any ownership unit shall be entitled to one membership for each ownership unit owned and each such membership shall be appurtenant to the ownership unit upon which it is based and shall be transferred automatically by conveyance of that ownership unit. No person or entity other than an owner may be a member of the association and a membership in the Association may not be transferred, except in connection with the transfer of an ownership unit; provided, however, that the rights of membership in the Association may be assigned to a mortgagee as further security for a loan secured by a lien on an ownership unit. • • 7. RULES AND REGULATIONS. Th2 Board of Direntors of the Association may and is hereby ,:thorized to adopt such rules and regulations as are nece_.sa ry to effectively implement and carry out the purposes and intent of these covenants, including, but not limited to, rules and regulations with respect to the parking of automobiles, motorcycles, snowmobiles, motorhomes, boats, and any and all other types of recreational vehicles, the storage and disposal of trash and garbage, the keeping of pets and other animals, the utilization of the irrigation water system, and the use and enjoyment of common areas, within the PUD. No owner within the PUD shall violate the rules and regulations as so adopted from time to time. 8. COMMON AREAS. The common areas within the PUD shall be as designated on the plat of the PUD as hereinabove described. There shall be no obstruction of the common areas, nor, except as otherwise specifically provided herein, shall anything be kept or stored on any part of the common area without the prior written consent of the Board of Directors of the Association. Nothing shall be done on or in any part of the common area which would be in violation of any statute, rule, ordinance, regulation, permit, or any other governmental requirement or any of the provisions of these covenants and the articles and by-laws of the corporation. No damage to or waste of the common areas or any part thereof shall be committed by an owner of any unit within the PUD or any invitee of any owner and each owner shall indemnify and hold the Association and other owners harmless against all loss resulting from any such damage or waste caused by him or his invitees. The Association, subject to the rights of the owners of units within the PUD has set forth herein, shall be responsible for the exclusive management and control of the common areas and all improvements thereon (including personal property and equipment related thereto) and shall keep the same in good, clean, attractive and sanitary condition, order and repair. Any provision herein to the contrary notwithstanding the Association shall also be responsible for the maintenance and repair of exterior surfaces of all ownership units within the PUD, including, without limitation, the painting or staining of the same as required, the replacement of trim and caulking, and the maintenance and repair of roofs. The Association shall further maintain and repair all other common areas and related common facilities including utility service lines and the common irrigation water system within the PUD. 9. EASEMENTS. The property within the PUD shall be subject to the reservation of such easements and rights of way as shown on the above referenced plat of the PUD and any easements and rights of way established in connection with the Westbank Metropolitan District, if any. No structure or improvement shall be placed or permitted to remain within or upon any such easement which may damage or interfere with the installation and maintenance of the specified use of such easements. The Association shall have the irrevocable right of access over and through each ownership unit to any common areas for the purpose of the maintenance repair and upkeep of such common area, which easement shall only be utilized at reasonable hours and to the extent that other reasonable access across adjoining common areas is not available. -3- • 1 2. ARCHITECTURAL CONTROL CCMITTEE. An Architectural. Control Committee (hereinafter referred to as the "Committee"), shall be appointed by the Board of Directors of the Association, and shall have authority to approve or disapprove structures or improvements within the PUD, upon the terms and conditions hereinafter provided. 3. COMMITTEE APPROVAL. No building, fence, hedge, wall planting or other structure or improvement shall be commenced, created, or maintained, nor shall any addition to or change or alteration therein be made, including but not limited to, any painting of the exterior of any ownership unit, until the plans and specifications showing the nature, kind, shape, height, color, materials, location, and approximate cost of such structure or improvement have been submitted to and approved in writing by the committee. The Committee shall have complete discretion in determining whether to approve or disapprove structures or improvements, which discretion shall be exercised with the objective of promoting and enhancing a high quality residential community consistent with these covenants and enhancing the value of all ownership units within the PUD. 4. APPROVAL OR DISAPPROVAL. In the event the Committee fails to approve a structure or improvement and does not expressly indicate disapproval or affirmatively impose additional requirements or request additional information in writing within twenty days after the Committee's receipt of the plans and specifications for the structure or improvement and a written request for approval thereof, the structure or improvement shall be deemed to be approved by the committee. Any provision herein to the contrary notwithstanding, any structure or improvement which has been complete or installed for a period of six months shall, as to any bona fide purchaser or encumbrancer for value and without notice, be deemed to have been approved, unless the Committee shall have recorded in the office of the Clerk and Recorder of Garfield County, Colorado a writing indicating its disapproval thereof within said six month period or prior to such later date on which such bona fide purchaser or encumbrancer acquired his interest in such property. 5. COMPLETION OF STRUCTURES AND IMPROVEMENTS. Construction or installation of any structure or improvement shall proceed promptly and diligently after approval by the Committee. Unless the time is extended by the Committee in writing, failure to complete any structure or improvement within sixty days after the date of approval shall constitute an automatic revocation of the approval and any partially completed or installed structure or improvement shall not then be thereafter permitted to remain on the property for a period longer than one month after the Committee requests removal of the partially constructed or installed structure or improvement. 6. RIGHT OF INSPECTION. The Committee and its duly appointed agents or employees may enter upon any property at any reasonable time or place for inspection of any structure or improvement. -2- • • The owners of any units within the PUD shall have the right of ingress and egress over upon and across the common areas as necessary for access to their respective units and shall have the richt to the horizontal and lateral support of their respective units, and such rights shall be appurtenant to and pass with the title to each such unit. The Association shall have a non-exclusive easement to make such use of the common areas as may be necessary or appropriate to perform the duties and functions which it is obligated or permitted to perform pursuant to these covenants and the articles and by-laws of the Association, including the right to construct and maintain in the common areas any and all mechanical, maintenance and storage facilities cf the Association. All conveyances of ownership units hereafter made, whether by the declarant or otherwise, shall be construed to grant and reserve such reciprocal easements as are provided for herein, even though no specific reference to such easements appears in any such conveyance. 10. PROHIBITION OF NUISANCE. No noxious or offensive activity shall be carried on upon or within ownerships unit or any part of the common areas within the PUD nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 11. RESIDENTIAL PURPOSE. No manufacturing or commercial enterprise or enterprise of any kind for profit, shall be maintained upon, in front of, or in connection with any ownership unit in the PUD nor shall any ownership unit be used for other than strictly residential Purposes. 12. ASSESSMENTS. The owner or owners of any units within the PUD, by the acceptance of a deed therefore, whether or not it be so expressed in such deed, shall be deemed to covenant and agree to pay to the Association such annual and special assessments as are required for the enforcement of these covenants or as otherwise provided by the articles and by-laws of the Association. The Association shall have such authority and exercise such rights and remedies as are provided in said articles and by-laws to enforce the payment of any such assessments. 13. ENFORCEMENT. The Association, or any owner, shall have the right to enforce, by any means provided in the Articles and By -Laws of the Association or by any proceeding at law or in equity, all covenants herein imposed. Failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 14. ADDITIONAL REMEDY. In addition to any other remedies otherwise available, the Board of Directors of the Association, or its designated representatives, may, upon violation or breach of any covenant, restriction or condition contained in these Protective Covenants, enter upon any property where such violation or breach exists and may abate or remove the thing or condition causing the • • violation or breach or may otherwise cure the violation of the breach. and may enforce such other remedies as are provided in the Articles and By -Laws of the Association. The costs incurred shall be billed to and paid by the owner or owners of said property. If the owner or owners of the property fail, after demand, to pay such costs, then they shall become a lien upon the property of such owner or owners within the PUD, for the amount due and not paid, pursuant to the provisions of the Articles and By -Laws of the Association as now in effect or hereafter adopted or amended. 15. SEVERABILITY. Each of the covenants, restrictions, and conditions contained in these restrictions shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 16. AMENDMENT AND TERMINATION. The restrictions, covenants, and conditions in these Protective Covenants shall continue until January 1, 1990, and from year to year thereafter until amended or terminated by written instrument executed by a majority of the members of the Association. Prior to January 1, 1990, these Protective Covenants may be amended or terminated by recorded instrument executed by a two-thirds (2/3) majority of all the members of the Association. Signed this STATE OF COLORADO COUNTY OF GARFIELD day of , A.D. 1979. Donald J. Ice Subscribed and sworn to before me this , 1979 by DONALD J. ICE. Witness my hand and official seal. My commission expires: day of Notary Public POSITIVE INFLUENCES OF HILLVIEW Af JD°JEST BANK P . U , D . S ON EXISTING WEST BANK RESIDENCES 1. INCREASED MEMBERSHIP AND TAXING BASE BY WHICH TO SUPPORT THE GOLF COURSE AND OTHER OPEN SPACE FACILITIES. 2. APPROXIMATELY $160,000 WILL BE PROVIDED TO THE METRO DISTRICT BY THE DEVELOPMENTS FOR RECREATION FACILITY CONSTRUCTION. 3. TOTAL WATER STORAGE AVAILABLE FOR FIRE PROTECTION WILL BE DOUBLED. 4. AN ADDITIONAL 154 ACRES OF OPEN SPACE WILL BE DEDICATED TO THE METRO DISTRICT INCLUDING A FOUR ACRE PARK SITE. 5. A WASTE WATER TREATMENT FACILITY OF ADEQUATE SIZE TO SERVE THE HILLVIEW AND WEST BANK P.U.D.S AS WELL AS THE EXISTING RESIDENCES WILL BE BUILT BY THE DEVELOPERS AND GIVEN TO THE METRO DISTRICT. • PURPOSES OF METRO DISTRICT (ASSUMING COMPLETION OF WESTBANK & HILLVIEW P.U.D.'S)- 1. OWN AND MAINTAIN UTILITY SYSTEMS FULL TIME MAINTENANCE PERSON TO ASSURE EFFICIENT OPERATION OF WASTEWATER TREATMENT PLANT, WATER SYSTEM, SERVICE LINES AND IRRIGATION SYSTEMS (SYSTEMS SERVING THE NEW DEVELOPMENTS WILL BE BUILT BY THE DEVELOPER AND GIVEN TO THE DISTRICT) - FINANCED BY USER FEES AND ENFORCABLE THROUGH DISCONTINUATION OF SERVICES 2. OWN AND MAINTAIN OPEN SPACE INCLUDING GOLF COURSE OPEN SPACE AND GOLF COURSE WILL ACQUIRE TAX EXEMPT STATUS DISTRICT MAY ELECT TO LEVI TAXES TO EXPAND OR OPERATE THESE FACILITIES 3. ADMINISTRATION ADVANTAGES AUTHORITY TO TAX PROPERTY FOR THE NECESSARY SERVICES TO THE RESIDENTS OF THE DISTRICT PROVIDE FINANCING AUTHORITY TO EXTEND WASTE- WATER SERVICE LINES TO THE EXISTING WESTBANK HOMES SHOULD THIS BECOME DESIRABLE IN THE FUTURE INCREASE THE VALUE OF WESTBANK RESIDENCE DUE TO THE IMPROVED UTILITY AND OPEN SPACE ADMINISTRATION Colorado Department of Health 4210 East 11th Avenue Denver, Colorado 80220 Phone(303) 320-8333 October 24, 1979 r OCT 2D1979 I GARFI€ti) CO. F'iliiER Ray Baldwin Planning Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs CO 81601 Re: Hillview P.U.D. Dear Ray: Frank A. Traylor, Jr., M. )_ Executive Director It is my understanding that this development would connect to the Westbank wastewater treatment facility when completed. As you know, the Water Quality Control Commission approved a Site Application for an 85,000 gpd aerated lagoon system on September 4, 1979, to serve the Westbank area. This system will have the design capacity to serve the Hillview P.U.D. I recently attended a homeowners' meeting at the Westbend Subdivision. Many of the residents were concerned with the type and location of the wastewater treatment facility. I feel the type and location of waste- water treatment can be changed and still prove adequate treatment. My only concern with the proposed location of the wastewater treatment facility is its proximity to a potable well. The integrity of the lagoon dike must be sound to insure protection to the well. If you have any questions, feel free to contact me at 245-2400. Very truly yours, FOR DIRECTOR, WATER QUALITY CONTROL DIVISION Richard H. Bowman, P.E. District Engineer RHB/zp cc: Denver Office District Engineer • HILLVIEW P.U.D. Adjacent Property Owners (within 200') Westbank Ranch Box 987 Glenwood Springs, CO. 81601 James L. Rose Box 566 Glenwood Springs, CO. 81601 Titus Construction Box 31 Glenwood Springs, CO. 81601 Gary L. & Linda J. Heisel P.O. Box 1324 Glenwood Springs, CO. 81601 John Wix Box X Basalt, CO. 81612 Stewart & Virginia Hineline 0122 Meadow Ln. Glenwood Springs, CO. 81601 Charles W. & Mary E. Ensor 0088 Meadow Ln. Glenwood Springs, CO. 81601 Norman L. & Nancy L. Gould 0066 Meadow Ln. Glenwood Springs, CO. 81601 Thomas M. & Clydette Matheny 0086 Westbank Rd. Glenwood Springs, CO. 81601 Roger W. & Ardis J. Wulf 1329 Pitkin #8 Glenwood Springs, CO. 81601 Donna M. Minard P.O. Box 398 Basalt, CO. 81612