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Home My WebLink About1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION = Administrative Review • Development in 100 -Year Floodplain • Limited Impact Review • Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP ❑ LIR MIR ❑ SUP • Rezoning ❑ Zone District ❑ PUD ❑ PUD Amendment • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment' • Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance • Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Sally B. Sakin Phone: (970 )927.2330 Mailing Address: 499 Wooden Deer Road City: Carbondale E-mail: sally@sakinfamily.com State: CO Zip Code: 81623 Representative (Authorization Required) Name: Max Filiss (Divide Creek Builders) Phone: (970 )618.7158 Mailing Address: 1531 County Road 342 City: Silt E-mail: max@dividecreekbuilders.com State: CO Zip Code: 81652 eROJECT NAME AND LOCATION Project Name: Sally Sakin Accessory Dwelling Unit (ADU) Assessor's Parcel Number: 2393 252 04 013 Physical/Street Address: 499 Wooden Deer Road Carbondale, CO 81623 Legal Description: Section: 25, Township: 7, Range: 88 Subdivision: Wooden Deer Subdivision Block: 0, Lot:13 Zone District: Rural Property Size (acres): 7.87 acres PROJECT DESCRIPTION Existing Use: A single family residence currently exisits on the property, which is proposed for a major remodel. Proposed Use (From Use Table 3-403): Accessory Dwelling Unit Description of Project: Proposed addition of an accessory dwelling unit of approximately 750 sq. ft., which will be located above an attached garage. The one -bedroom unit will have a separate entrance and small kitchen. All utilites are in place, with the existing residence. The property is served by a central community water system and an individual on-site waste -water treatment system. REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: G. Impact Analysis Section: Section: L. Traffic Study Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property Owner Date OFFICIAL USE ONLY File Number: _ _ _ _ - _ _ _ _ Fee Paid: $ Existing Use: Asingle 'family residence currentyexidtsonfieproperty, which is proposed for n major remodel. Proposed Use (From Use Table 3-403): Accessory°waging unit Description of Project: Proposed addition of an accessory dwelling unit of approximately 750 sq, ft., which will be located above an attached garage, The one-bedroorr unit will have a separate entrance and small kitchen. Ali utilites are in place. with the existing residence. The property is served bya central community water system and an individual on-site wast.•water treatment system. Submission Requirements ii The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: G. ImpaotMalysld Section: Section: L. Traffic Study Section: Waiver of Standards El The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: J have read the statements above and have provided the required attached information which Is corre and accur, e to the best of my knowledge. Z7g(7:16 Sigh 're • Property Owner Date File Number: Fee Paid: $ z aged 8TE0L260L6 Xdd WImUS Wd90:S 91o2 02 Jdb Apr 20 2016 8:46PM SAKIN FAX 9709270318 Garfield Count, PAYMENT AGREEMENT FORM' GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Sally Sakin page 1 agree as follows: 1. Thep licant has submitt d to the County a lication for the following Project: Sally Sakin Accesory Dweling Unit (ADU)` 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is riot possible at this time to ascertain Vie full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of Cou ty Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Kee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. hereby agree to pay all fees related to thls application: Billing Contact Person:Max Alias(Divide Creek Builders) Billing Contact Address: 531 County Road 342 City: Silt Phone: X970 )618.7158 Billing Contact Email: max@dividecreekbuilders.com State: C° Zip Code: 81652 Printed Name of Person Authorized to Sign: Sally B. Sakin (Signature) (Date) VICINITY MAP - SAKIN - 499 WOODEN DEER 104 t Q oGy -er Rd PARCEL ID: 2393-25204-013 Qa oket oe 108 81h SI 11001 On el n S1 toward Colorado Ave 1. 1 Turn right at the 204 cross street onto Grand are t 3 CareinueentoCOS/SGpn Aire t 4 Commix straight onto CO 82 E e 5 Slight right to stay on CO 82E ti 6 Turn lett onto Crystal Songs Rd f' 1 turn nght onto Wooden Deer Rd 499 Wooden Deer Rd 1041 11031 Map data ©2016 Google Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com TAX PARCEL NUMBER: 2393-25204-013 PRE -APP DATE: 1/13/16 PROJECT: Sally Sakin Accessory Dwelling Unit (ADU) OWNER: Sally Sakin REPRESENTATIVE: Mark Miskiewicz and Max Filiss, Divide Creek Builders ZONING: Rural COMPREHENSIVE PLAN: Residential Medium (6 < 10 Ac/DU) PRACTICAL LOCATION: 499 Wooden Deer Road, approximately 21/2 miles northeast of the Town of Carbondale off of County Road 103. The site is located in Section 25, T7S, R88W. TYPE OF APPLICATION: Administrative Review for Accessory Dwelling Unit I. GENERAL PROJECT DESCRIPTION The Applicant is proposing to include the construction of an ADU in conjunction with a major remodel proposed for the existing single family residence located on the site. The property is known as Lot 13 of the Wooden Deer Subdivision and is approximately 7.87 acres in size. The site is zoned Rural and ADU's are subject to Administrative Land Use Change Permitting pursuant to the Land Use and Development Code. The proposed unit will be approximately 1,024 sq.ft. in size and will be located above an attached garage. The unit will have a separate entrance, a small kitchen, and is planned to be a one bedroom unit. All utilities are in place serving the existing residence. The property is served by a central community water system and an existing individual on-site waste water treatment system. Covenants for the subdivision are not enforced by the County but should be reviewed by the Applicant to assess whether the covenants and related homeowners association documents address accessory dwelling units. The Applicant may pursue a building permit for the remodel initially without the ADU. Meetings with the Garfield County Building Department indicate that the building permit could be amended or updated at a future date to include the ADU, subject to the Applicant obtaining the required Land Use Change Permit. II. SUMMARY OF REGULATORY PROVISIONS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 as amended • Garfield County Land Use and Development Code as amended o Article 111, Zoning • Rural Zone District - Lot/Building Requirements (Table 3-201) and Use Table (Table 3-403) o Article IV, Application and Review Procedures • Administrative Review Process (Section 4-103) • Common Review Procedures (Section 4-101) • Table 4-102 Common Review Procedures and Required Notice • Application Materials (Table 4-201 and Section 4-203) a Article VII, Standards — Division 1 General Standards, Division 2 General Resource Protection Standards, Division 3 Site Planning -- as applicable • Additional Standards Applicable to an Accessory Dwelling Unit (Section 7-701 see excerpt below) 7-701. ACCESSORY DWELLING UNIT. A. Maximum Floor Area. The Floor Area of an ADU shall not exceed 1,500 square feet for a lot less than 4 acres. The Floor Area of an ADU shall not exceed 3,000 square feet for any lot 4 acres or greater. B. Ownership Restriction. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only. C. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. D. Minimum Lot Area. The minimum Lot Size for an ADU is either: 1. 2 acres, or 2. For Tots in zone districts with a minimum Lot Size of less than 2 acres, the minimum Lot Size is twice the minimum required Lot Size. E. Entrance to Dwelling Unit. A separate entrance to the Accessory Dwelling Unit is required. III. ADMINISTRATIVE REVIEW PROCESS The Application will follow the Administrative Review Process contained in Sections 4-101, 4-103 and Table 4-102: 1. Pre -application Conference 2. Submittal of 3 hard copies of the Application along with 1 electronic copy on a CD or memory stick. 3. Review by staff for Technically Complete Status 4. If Technically Complete the Applicant will be notified and the request scheduled for a decision by the Director 5. If the Application is not Technically Complete the Applicant will be advised of the deficiencies and the Applicant will have 60 days to provide any additional required information. The Director's Decision date is not set until the Application is determined to be complete. 6. Once the Director's Decision date is set, the Applicant completes public notice by certified mail to adjacent property owners within 200 ft. and by certified mail/return receipt requested to mineral rights owners on the property. The mailing is required to be a minimum of 15 days prior to the Director's Decision. 7. Staff prepares a report including public and referral comments. 8. The Director's Decision is documented by letter. 9. Director issues the Land Use Change Permit ten days following the Decision if no requests for a call-up are received and if all conditions of approval have been met. IV. SUMMARY OF SUBMITTAL REQUIREMENTS — KEY TOPICS • General Application Forms and attachments including agreement to pay form, application fees, evidence of ownership such as a deed for the property, and narrative description of the proposal. If title work/commitments are available they should also be submitted. The general information also needs to include the list of property owners within 200 ft. and any mineral rights owners on the subject property. • Authorization to represent may be needed if the Applicant plans on being represented by other professionals such as their Architect or contractor. • A recorded statement of authority may be needed to establish the authorization if a Trust or LLC is the owner. • Vicinity Map (including the area generally within 3 miles of the site) • Site plan with information on proposed location of the ADU, other existing structures, and significant features on the property (i.e. easements, utilities, ditches, etc.) • Grading & Drainage Plans — grading and drainage information should be available based on the construction of the primary residence and the Subdivision approvals. If 3 necessary a waiver to defer additional grading and drainage designs to the time of building permit may be requested. • Landscaping Plans — ADU applications are exempt however if plans are available based on the current construction of the primary dwelling they can be provided. • Impact Analysis — basic descriptive information should be provided, however, submittal waivers from detailed plans (such as wildlife habitat) may be acceptable based on the location of the unit within an approved subdivision and based on proposals to limit any new areas of disturbance. • Development and Improvements Agreements are not applicable (no vesting issues and no public improvements). • Traffic Study — a submittal waiver may be acceptable based on the minimal traffic associated with an ADU and the existing subdivision approvals. Basic information on access and traffic should be provided to support a waiver request. • Water supply plan and supporting documentation. The Application will need to include will serve letters and/or taps agreements documenting that the ADU can be served by the existing central system. Information on the central system needs to be provided including water quality testing and adequate production. Section 4-203 (M) provides additional information on submittal requirements for central systems. • Waste Water Plans indicating the adequacy of the existing OWTS need to be provided or plans for expansion and engineering of the system provided. • Standards in Article 7, Division 1, 11, and 111 may have previously been addressed as part of the Wooden Deer Subdivision approvals. Reference to said approvals may be acceptable; however, where provisions warrant clarification they should be addressed such as compatibility, comprehensive plan (density), availability of utilities, and ADU standards in Section 7-701. • Demonstration of compliance with roadway standards contained in Section 7-107 can be addressed by reference to the existing approvals for the Wooden Deer Subdivision. Information on private driveways serving the ADU need to be provided and also demonstrate compliance with Section 7-107 or a waiver requested. • Demonstration of prior approval or support for the Application by the Wooden Deer HOA is not a required submittal but is recommended. • Waiver requests need to address applicable review criteria (Sections 4-202 & 4- 118). Follow-up pre -application discussions with Staff are recommended to further address waiver options. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to the pre -application summary for submittal requirements that are appropriate for your Application. V. APPLICATION REVIEW a. Review by: Staff for completeness and recommendations. Referral agencies for additional technical review 4 b. Public Hearing: X Director Decision with notice (not a public hearing) Planning Commission Board of County Commissioners Board of Adjustment c. Anticipated Referral Agencies may include but are not limited to: Garfield County Road and Bridge Garfield County Attorney Fire Protection District Garfield County Environmental Health Manager Garfield County Vegetation Manager Garfield County Building Department Wooden Deer Homeowners Association Colorado Division of Water Resources VI. APPLICATION REVIEW FEES a. Planning Review Fees:$ 250.00 b. Referral Agency Fees: $ na (may be billed separately) c. Total Deposit: $ 250.00 (additional hours are billed at $ 40.50 /hour) VII. GENERAL APPLICATION PROCESSING Planner reviews the case for completeness and sends to referral agencies for comments. Planner will contact the Applicant and set up a site visit. Planner reviews application to determine if it meets standards of review. Planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body which in the case of Administrative review is the Director of the Community Development Department. VIII. DISCLAIMER The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. IX. PRE -APPLICATION SUMMARY PREPARED BY: , #.3/L,. r'''':,1,,f..—_,— Glenn Hartmann Senior Planner i if fi Date 5 Approximately 2 months if submittal is complete Garfield County Administrative Review Process (Section 4-103) Step 1: Pre application Conference •May be waived by Director 'Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review • 10 business days to review •If Incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and provide Notice • Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7: Director's Decision • Call-up Period - within 10 days of Director's Decision *Applicant has 1 year to meet any conditions of approval 6 EXCERPT FROM COMPREHENSIVE PLAN FUTURE LAND USE MAP Approximate Location of Applicant's Site Future Land Use Map Garfield County Comprehensive Plan 2030 as Amended firef Greenway Thr? - Urban Growth Area FboepRrn IIneuterrat epee Spereikoar Land - Meted use Q Leewermetee Corea*-Res rii113TO.2ArAuv. Wafer a Sewer Service Ana Res Mir a7O.$4 Vi4 Area dMaumee p mees) Res M .6 TO 10 Ar*M Res Ler •AULAQ Resasae ArodmborvNettsa/ Repose/ Enpbynunt Center * hew Center * RstarEmpeereent Genie. Maps Lender baturarEA wwrr•�.r,�Y�w�d��Yr�r.�Yr�� 1144.44 NW.44M 14 4•144..••••4.a•••••••••w. ro.. ••••••• ••••••• 7 ADMINISTRATIVE REVIEW FOR ACCESSORY DWELLING UNIT SUBMITTAL DATE: April 20, 2016 LOCATION: 499 Wooden Deer Road Wooden Deer Subdivision PARCEL ID: 2393-25204-013 ZONE DISTRICT: Rural LOT SIZE: 7.87 acres OWNER/APPLICANT: Sally Sakin REPRESENTATIVE: Max Filiss / Divide Creek Builders EMAIL: max@dividecreekbuilders.com Description of Project/Development: The property at 499 Wooden Deer is currently undergoing a major remodel as approved with Permit BLRE-01-16-4025. As part of the remodel, the owner would like to construct an accessory dwelling unit as allowed by the Wooden Deer Covenants (Article 111: Use restrictions, Section 2: Guest Houses/Accessory Units). The accessory dwelling unit is to be 750 square feet in size, have a small kitchen, and have a private entrance from the north side of the building. Located above an attached garage, the unit will be serviced from the existing utilities currently in place at the residence, served by a central community water system and individual on-site wastewater treatment system. Land Use Code Compliance: ■ GARFIELD COUNTY COMPREHENSIVE PLAN 2030 The existing use and proposed development of 499 Wooden Deer complies with the Garfield County Comprehensive Plan 2030 as a single family residence. • GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE o Article III: Zoning 1. The current and proposed use of the property is consistent with the Rural zoning designation of the parcel. The previously approved remodel consists of 5,606 square feet. The proposed Accessory Dwelling Unit is situated above an attached garage, therefore not affecting the lot coverage ratio on the parcel, and remaining well below the 15% coverage allowance. The building height above the garage has not changed since issuance of the building permit for the remodel project, and remains at 28 ft. 4 in., in keeping with the Garfield County Rural zoning regulations. 2. An Accessory Dwelling unit is allowed in the Rural zoning district with Administrative Review. a. An Accessory Dwelling Unit of up to 750 square feet is allowed per the Wooden Deer Subdivision CC&R's dated December 7, 1992 and recorded at Book 849, page 81, Article 111 "Use Restrictions" Paragraph 2. (see Attachment "E") o Article IV: Application and Review Procedures 1. We have attached a list of property owners within 200 feet of the subject property and will mail public notices as required by Table 4-102. (see Attachment "F") 2. We have attached all the required submittal documentation as noted in the Pre - Submittal Conference Summary and required by Table 4-201 and Section 4-203. We are requesting Waivers for the following Submittal Requirements per Section 4-202: a. Paragraph G - Impact Analysis: We do not feel there will be any additional impact to the property and surrounding area as the proposed one -bedroom Accessory Dwelling Unit will be located above an existing attached garage. b. Paragraph L - Traffic Study We do not feel there will be any additional strain on traffic conditions created by the addition of a one -bedroom attached Accessory Dwelling Unit. o Article VI: Standards 1. DIVISION 1: General Standards The proposed attached Accessory Dwelling Unit complies with all Garfield County Standards regulations as follows: a. Section 7-101- Zone District Use Regulations: Accessory Dwelling Units are permitted in Rural zoning districts with Administrative Review. b. Section 7-102: Comprehensive Plan and Intergovernmental Agreements: the Accessory Dwelling Unit is in conformance with the Garfield County Comprehensive Plan and the Wooden Deer HOA Covenants. c. Section 7-103: Compatibility. The proposed Accessory Dwelling Unit is compatible with the existing use of the property as a single family residence. d. Section 7-104: Source of Water: The property is served by community water and an on-site waste water treatment system. There is adequate water to serve the existing residence, as well as the Accessory Dwelling Unit for both domestic and irrigation use.(See attached Water Rights Plan for Augmentation, Attachment "G" and Well Reports, Attachment "G.1") The Water Rights Plan for Augmentation allows for water use on each of the 22 parcels in the Wooden Deer Subdivision at the following rates: 1. 2,000 square feet of irrigation 2. 350 gallons per day for in-house use (main residence) 3. An addition 50 gallons per day for in-house use (accessory Dwelling units. 21 e. Section 7-105: Central Water Distribution and Wastewater Systems: The property is served by an Onsite Wastewater Treatment System which has been deemed sufficient to service the main residence and Accessory Dwelling Unit (See attached OWTS Report from CBO Inc. - Attachment "H'). f. Section 7-106: Utilities: Located above the attached garage, the proposed Accessory Dwelling Unit will be served by existing utilities at the main residence. g. Section 7-107: Access and Roadways: The proposed Accessory Dwelling Unit is located above an attached garage. There are no changes to the driveway configuration from the plans as submitted and permitted under Building Permit # BLRE-01-16-4025. Access to the property is complaint with roadway standards contained in Section 7-107 as per the Approval for the Wooden Deer Subdivision as per the recorded final plat, Reception # 441908 (see Attachment "D") h. All other General Standards will be conformed to as approved with Building Permit BLRE-01-16-4025. 2. DIVISION 2: General Resource Protection Standards All General Resource Protection Standards will be conformed to. There is no request to change the use of the parcel or the footprint of previously approved development under Building Permit # BLRE-01-16-4025. 3. DIVISION 3: Site Planning and Development Standards All Site Planning and Development Standards will be conformed to. There is no request to change the use of the parcel or the footprint of previously approved development under Building Permit # BLRE-01-16-4025. 4. DIVISION 7: Additional Standards for Residential Uses a. Paragraph 7-701: Accessory Dwelling Unit 1. Maximum Floor Area. The Floor area of an ADU shall not exceed 3,000 square feet for any lot 4 acres or greater. The proposed ADU is 750 square feet. The lot size is 7.87 acres. Per the CC&R's for the Wooden Deer Subdivision, Article Ill, Paragraph 2, the ADU shall not exceed 750 square feet. 2. Ownership Restriction. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or home office/business. The ADU will be used for residential use in association with the principal residential use only (as required by the Wooden Deer Subdivision Covenants). 3. Compliance with Building Code: Construction of the ADU will comply with the standards and requirements of the Building Code. 4. Minimum Lot Area. The minimum Lot size for an ADU is 2 acres: The Lot size is 7.87 acres. 31 5. Entrance to Dwelling Unit. A separate entrance to the Accessory Dwelling Unit is required. The Accessory Dwelling Unit has a separate entrance on the north side of the structure. Thank you for your consideration. Please contact me with any questions, clarifications or corrections. Max Filiss Divide Creek Builders 1531 County Rd 342 Silt, CO 81652 cell: 970.618.7158 max@dividecreekbuilders.com \Lot13_/SP.dwg WoodenDeer 508.001Lot No. 5 Rebar and Aluminum Cap Marked 50' WC LS 15710 EL = 6497.3' N06°59'05"E Lot #18 Basis of Bearings etai 1. Scale • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • co Water•.pigot. RR Tie Retaining Walls • .2' Tall Stucco Wall Drain 'Pipe•., • h 6461.7' Existing Residence Wood Frame Structure iIi 460.9' TaII Sfirceo.,Wall / • PIgn•ter Bushes:' 6460 • • • • • pal Shed.•• Planter Bush�S CO • Concrete :Septic.,Lids • B•uried'Propane Taryk _ 24" CMP\_ No. 5 Rebar and Aluminum Cap Marked 50' WC LS 15710 EL = 6415.7' I Lot #14;; Jersey Wall Barricade Lot #20 60` Road_Way Easement c. N o. 441908 Nie 54 4/ � Lot #21 No. 5 Rebar and Aluminum Cap Marked 50' WC LS 15710 7 7 30' Access Easement m to Lot 12 Rec. No. 441908 Existing Residence *See Detail \ / i / Concrete Block / Wall Set No. 5 Rebar and Aluminum Cap Marked 15' WC LS 38388 EL = 6524.5' LEGE\3 O Found Monument as Described ®®gQOQ c0 0 Set Monument as Described — Telephone Ped — Water Shut—off — Water Spigot — Gas Line at House — PVC pipe — Irrigation Cont. Valve — Concrete Septic Lid — Electric Meter — Concrete — Stone — Pavement ..... • • • ::' 6455'.......:.°;..:... Deci.uous Tree Evergreen Tree Typical Tree Size Labels Indicates one tree, 8'trunk (DBH) Typical Tree Size Labels Indicates two trees, 10"trunk (DBH) Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Lot #12 50 6445',. Mail and Trash Easement Rec. No. 441908 0 25 GRAPHIC SCALE 50 100 200 ( IN FEET ) 1 inch = 50 ft. SG M 1 18 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com NO. 5 Rebar and Aluminum Cap Marked 50' WC LS 15710 EL = 6394.8' / / / / Lot 13 Wooden Deer Subdivision 499 Wooden Deer Road / i / / Lot #22 / / Improvement Survey Plat Lot 13 Wooden Deer Subdivision Garfield County, Colorado PROPERTY DESCRIPTION: LOT 13, WOODEN DEER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 7, 1992 UNDER RECEPTION NO. 441908, COUNTY OF GARFIELD, STATE OF COLORADO. NOTES: 1. Basis of Bearings: Bearings shown hereon are based on a bearing of N06°59'05"E between monuments on the east line of Lot 13, both corners being monumented as shown hereon. 2. This map has been prepared pursuant to client request for an Improvement Survey Plat with Topography in the area shown hereon. 3. Date of field survey: December 3, 2014 4. Units of linear measurements are displayed in US Survey Feet. 5. Vertical Datum: NAVD 88 using a GPS OPUS solution, carried over to the benchmarks shown hereon. 6. SGM will not be responsible for any changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. 7. Any subsurface utilities not shown, were not marked by appropriate utility companies at the time of this survey and therefore may not be shown hereon. Client/contractor must contact specific utility companies to verify both the location and depth of respective utilities. Additional surveying work may be required to show any such subsurface utility locations on this drawing. SGM will not be responsible for protection of subsurface utilities not marked on the ground at the time of this survey. 8. Property descriptions shown hereon are based on the recorded plat of Wooden Deer Subdivision, Reception No. 441908 9. Fences shown hereon, if any, have been shown for general reference and do not necessarily depict limits of ownership. 10. The property shown hereon is subject to all easements, rights—of—way, building setbacks or other restrictions of record, as such items may affect this property. This survey does not represent a title search by this surveyor to determine ownership or to discover easements or other encumbrances of record. All information pertaining to ownership, easements and other encumbrances of record has been taken from the title insurance commitment issued by Land Title Guarantee Company, Commitment No. BAR64000301, having an effective date of December 3, 2014. Every attempt has been made to show all easements, rights—of—way, etc. referred to in the Schedule B2 Exceptions recited in said title insurance policy. Some such items may not be shown (i.e. Items 1-11, 13, 15) if they are standard title commitment exceptions, or if not sufficiently described in recorded documents to be shown graphically, or if they are situated on adjacent properties, etc. ITEM 12: RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 07, 1992, IN BOOK 849 AT PAGE 78 AFFECTS THE SUBDIVISION IN GENERAL THE EXTENTS OF WHICH CANNOT BE GRAPHICALLY DEPICTED. ITEM 14: TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 30, 1993 IN BOOK 873 AT PAGE 679 APPEARS TO AFFECT THE SUBDIVISION IN GENERAL AND THE ITEMS DESCRIBED THEREIN ARE NOT SPECIFICALLY DESCRIBED. ITEM 16: EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS, AND NOTES ON THE PLAT OF WOODEN DEER SUBDIVISION RECORDED DECEMBER 7, 1992, UNDER RECEPTION NO. 441908 SUCH ITEMS HAVE BEEN SHOWN HEREON. SURVEYOR'S CERTIFICATE: I, Robert E. Brandeberry, being a registered Professional Land Surveyor, licensed in the State of Colorado, do hereby certify to Sally B. Sakin, Richard McCrudden, Connie McCrudden and Land Title Guarantee Company, that this is an Improvement Survey Plat as defined by CRS 38-51-102(9), resulting from a monumented land survey, showing the current location of all significant visible structures, utilities, fences, hedges, or walls situated on the described parcel and within five feet of all boundaries of such parcel, and also any visible conflicting boundary evidence or encroachments, and all easements and rights—of—way of a public or private nature that are visible, or apparent, or of record, and underground utilities described in or other sources as specified in the title commitment referenced hereon, and that this Improvement Survey Plat was prepared by SGM, on this date, December 5, 2014, based on site conditions as they existed during a field survey performed during December 3, 2014, under my direct supervision and checking and that it is true and correct to the best of my knowledge and belief. Revision Date By Robert E. Brandeberry Colorado PLS # 38388 For, and on behalf of SGM Improvement Survey Plat Job No. 2014-508.001 Drawn by: Date: 12/05/2014 Approved: bb File: Lot 13_ISP Of 1 1 - CURVE TABLE - CURVE # ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH 01 119.27' 120.00' 56°56'53" N81°38'1 4"W 114.42' C2 12.03' 100.00' 6°53'32" N73°20'06"E 12.02' C3 75.23' 100.00' 43°06'11" N34°27'47"E 73.47' C4 150.54' 100.00' 86°15'01" N56°02'12"E 136.72' C5 182.22' 200.00' 52°12'08" N54°44'13"W 175.98' C6 57.33' 100.00' 32°50'59" N45°03'39"W 56.55' C7 189.64' 67.00' 162°10'22" N59°28'22"W 132.38' Mail and Trash Easement Rec. No. 441908 0 25 GRAPHIC SCALE 50 100 200 ( IN FEET ) 1 inch = 50 ft. SG M 1 18 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com NO. 5 Rebar and Aluminum Cap Marked 50' WC LS 15710 EL = 6394.8' / / / / Lot 13 Wooden Deer Subdivision 499 Wooden Deer Road / i / / Lot #22 / / Improvement Survey Plat Lot 13 Wooden Deer Subdivision Garfield County, Colorado PROPERTY DESCRIPTION: LOT 13, WOODEN DEER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 7, 1992 UNDER RECEPTION NO. 441908, COUNTY OF GARFIELD, STATE OF COLORADO. NOTES: 1. Basis of Bearings: Bearings shown hereon are based on a bearing of N06°59'05"E between monuments on the east line of Lot 13, both corners being monumented as shown hereon. 2. This map has been prepared pursuant to client request for an Improvement Survey Plat with Topography in the area shown hereon. 3. Date of field survey: December 3, 2014 4. Units of linear measurements are displayed in US Survey Feet. 5. Vertical Datum: NAVD 88 using a GPS OPUS solution, carried over to the benchmarks shown hereon. 6. SGM will not be responsible for any changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. 7. Any subsurface utilities not shown, were not marked by appropriate utility companies at the time of this survey and therefore may not be shown hereon. Client/contractor must contact specific utility companies to verify both the location and depth of respective utilities. Additional surveying work may be required to show any such subsurface utility locations on this drawing. SGM will not be responsible for protection of subsurface utilities not marked on the ground at the time of this survey. 8. Property descriptions shown hereon are based on the recorded plat of Wooden Deer Subdivision, Reception No. 441908 9. Fences shown hereon, if any, have been shown for general reference and do not necessarily depict limits of ownership. 10. The property shown hereon is subject to all easements, rights—of—way, building setbacks or other restrictions of record, as such items may affect this property. This survey does not represent a title search by this surveyor to determine ownership or to discover easements or other encumbrances of record. All information pertaining to ownership, easements and other encumbrances of record has been taken from the title insurance commitment issued by Land Title Guarantee Company, Commitment No. BAR64000301, having an effective date of December 3, 2014. Every attempt has been made to show all easements, rights—of—way, etc. referred to in the Schedule B2 Exceptions recited in said title insurance policy. Some such items may not be shown (i.e. Items 1-11, 13, 15) if they are standard title commitment exceptions, or if not sufficiently described in recorded documents to be shown graphically, or if they are situated on adjacent properties, etc. ITEM 12: RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 07, 1992, IN BOOK 849 AT PAGE 78 AFFECTS THE SUBDIVISION IN GENERAL THE EXTENTS OF WHICH CANNOT BE GRAPHICALLY DEPICTED. ITEM 14: TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 30, 1993 IN BOOK 873 AT PAGE 679 APPEARS TO AFFECT THE SUBDIVISION IN GENERAL AND THE ITEMS DESCRIBED THEREIN ARE NOT SPECIFICALLY DESCRIBED. ITEM 16: EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS, AND NOTES ON THE PLAT OF WOODEN DEER SUBDIVISION RECORDED DECEMBER 7, 1992, UNDER RECEPTION NO. 441908 SUCH ITEMS HAVE BEEN SHOWN HEREON. SURVEYOR'S CERTIFICATE: I, Robert E. Brandeberry, being a registered Professional Land Surveyor, licensed in the State of Colorado, do hereby certify to Sally B. Sakin, Richard McCrudden, Connie McCrudden and Land Title Guarantee Company, that this is an Improvement Survey Plat as defined by CRS 38-51-102(9), resulting from a monumented land survey, showing the current location of all significant visible structures, utilities, fences, hedges, or walls situated on the described parcel and within five feet of all boundaries of such parcel, and also any visible conflicting boundary evidence or encroachments, and all easements and rights—of—way of a public or private nature that are visible, or apparent, or of record, and underground utilities described in or other sources as specified in the title commitment referenced hereon, and that this Improvement Survey Plat was prepared by SGM, on this date, December 5, 2014, based on site conditions as they existed during a field survey performed during December 3, 2014, under my direct supervision and checking and that it is true and correct to the best of my knowledge and belief. Revision Date By Robert E. Brandeberry Colorado PLS # 38388 For, and on behalf of SGM Improvement Survey Plat Job No. 2014-508.001 Drawn by: Date: 12/05/2014 Approved: bb File: Lot 13_ISP Of 1 1 BUILDING PERMIT APPLICATION LIST OF ATTACHMENTS ATTACHMENT DOCUMENT TITLE SALLY SAKIN Parcel 2393-25204-013 A SITE PLAN B LANDSCAPE PLAN AND EXTERIOR ELEVATIONS C TITLE COMMITMENT (dated 12/01/15) C.1 WARRANTY DEED (Reception # 857173) D RECORDED PLAT (Reception # 441908) E CC&R's - WOODEN DEER SUBDIVISION E.1 APPROVAL FROM WOODEN DEER HOA (email dated 06/10/15) F LIST OF NEIGHBORING PROPERTIES WITHIN 200 FEET G WATER RIGHTS PLAN FOR AUGMENTATION (dated 10/30/91) G.1 WELL PUMP REPORT & SUPPLEMENTAL DOCS (dated 5/28/92) H OWTS REPORT FROM CBO (dated 10/16/15) PLANTING LIST &TY BOTANICAL NAME TREES MQlus 'Roc/lent' Malas sylvestris 'Sweet Sixteen' 5HRL155 Artemisia tridentate vaseyanc Chrysothamnus nauseosus Chrysothamnus nauseosus Cornus alba 'Argenteomarginata' Cornus stolinifera Cornus stolonlfera 'lsant!' Perovskia atrlpllclfolla Potent!llo frut!`cosa 'Jackmanni!' Prunus besseyi Rosa foetid° 'Bicolor' Rosa glauca Rosa woods i Sp arae a japonica 'Froebe I II Spire° nlpponica "5nowmound' VINES Clematis x mackmanii Parthenocissus cluinquefolla COMMON NAME Radiant Crabapple Sweet Sixteen Apple Mountain Sagebrush Rubber Rabbitbrush Rubber Rabbitbrush Variegated Dogwood Red Twig Dogwood Isanti Dogwood Russian Sage Jackmans Potentilla Western Sand Cherry Austrian Copper Rose Red -Leaved Rose Woods Rose Froebe l 5plrea Snowmound Spireo Purple Clematis Engleman Ivy CONTAINER ORNAMENTAL c9 ASSES Festuca glauca "Elijah Blue" Galamagrostis acutiflora KF." He I!c totrichon sempervirens PERENNIALS Achlllea "spp. Alcoa rosea Single Mix Aster novi-belgi 'Prof. Klppenbg.' Aqullegla Dianthus granitucs Echinacea purpurea HernerQllls hybrids Iris siberica °Ceasar's Brother' Luecanthemum x superbum "AI°aka' Lupinus Russe II Hybrids Nepeta x faassenii Paeonla lactlflora Penstemor strictus Rudbeckia filgida "Goldstrum' Salvia x surperba Stachys byzantine ' Silver Carpet' GRQUND COVERS Aegopodium podagraria 'Varlegatum' Antannaria rosea Delosperma nubigenum Sedum 'Dragons Blood' Arc tos taphy l05 uva-urs i Potentilla neumanniana LEGEND Elijah Blue Fescue Feather Reed Grass Blue Eveno Grass Yarrow Single Mix Hollyhock Dwarf Blue Fall Aster Columbine Granite Finks Purple Ganef IOAer Dayllly Blue Siberian Iris SIZE Shasta Daisy Mixed Lupine Foossen "5 Catmint Double Red Peony Rocky Mountain Pens temon Black Eyed Susan Salvia Lamb's Ear (Flowerless) Hardy Yellow Iceplant Puss ytoes Hardy Yellow Icep tan t Dragons Blood Kirniklnnlck Creeping Cinquefoil EXI STING TREES EXISTING CONIFER TO REMAIN EXISTING CONIFER TO BE REMOVED COMPACTED FILL FLOW 82_ 62 256 PERIODIC SED1MENT REMOVAL RE&UlRED.. EXISTING CONTOUR PROPOSED CONTOUR (REFER TO CIVIL PLANS) SHEET FLOW AND PERCENTAGE OF 5LOF'E SPOT ELEVATION DRAINAGE S,AALE AND DIRECTION OF FLOW CULVERT / DRAIN PIPE: SIZED BY CIVIL ENG. DRAIN INLET USE 2 PINE STAKES I I/2" x 1 I/2" x I2" AT ALL EROSION Lob ENDS OR .JOINTS, O7HER11I5E USE A STAKE EVERY 24 IN. AND CONTINUE TO ALTERNATE ORIENTATION THRQU&HQUT THE LENSTH OF THE EROSION LOS. APPROX. IsfO DEGREES PROTECTED AREA NOTES EROSION LOS SHALL BE A MINIMUM OF 4" DIAMETER NTRENCH 5" SECTION A—A EROSION LOG A EROSION LOS o0 A FLAN VIEW- TYPICAL STAKINS PATTERN PLACE AT LOWEST LIMIT QF DISTURBANCE LINE NOT TO SCALE 3"" caliper 3" caliper #5 Containers #5 Containers #5 Containers #5 Containers #7 Containers #5 Containers #5 Container #5 Container #5 Container #5 #5 #5 Container #5 Container Containers Container #5 Container # 5 Cont, # 5Cont. #1 Containers #5 Containers #5 Containers #1 Containers Containers Containers Containers Containers Containers Containers Containers Containers #1 Containers #1 Containers #1 Containers #1 Containers #1 Containers #1 Containers #I Containers Flats of 15 Flats of 32 Flats of 32 Flats of 32 Flats of 32 Flats of 32 C APPROX. 4' ?VIDE X 2' DEEP x 6" THICK SUFF SANDSTONE BOULDER STEPS. JRRE6ULAR EPSE5. 14" To 16" TREADS PATH LIGHT SANDSTONE STEFF1NS STONE PAVERS I I i I i i fERSPECTI VE VIEY No SCALE LANDSCAPE BQULDERS AND PLANTING5 6RO/JNT, COVE -R5 IN BETWEEN PAVER 5TEPPI S OVERLAP STONES — TYP. STEPS 4" MIN. STONE SLAB STEPS SCALE: NONE COLOR -APO SUFF SANDSTONE SLAB STEPS. IRRESULAR SNAPPED FAGS 1 EPEES. r►a�1 r 6465 i SANDSTONE PAVING — SAND SET 5" COMPACTED ROAD BASE ,\\,7 GOMPAGTEP S156RADE OVERLAP 57EP5 APPROX. 6" EXISTING JUNIPER TREES PEER FENCE ILO • GMU WALLS TO MATCH EXISTING RAISED PLANTER le)" I-IIGH 7 TRELL IS TO MATCH ARCH PLANTER WALL EXISTING ._IUNIPER TREES 1 57 //,;\(//\\(/ //, 5� \y/V\ \\\!\\?,//\\,;',/,.\\>>,„\ 6455 / `/\/r)/7 /fr > ///\//>, \/,\ A , // // //// HOLE// ,� ///////'/////r \," /// /// //////, /\ I I J /� ; /4/2,,,,,,///.//2y/ SECTIONLOOKII EAST SCALE: I/4r = I -O 3 _62 / r Si- STEPS WITH 67-3/4 I SERS arid 15" \ MIDI. TREADS. FIELD FIT A5 NEC3, SSARY. vETA IL ..L 3 61 69 67. 7\ L_J \\\\\\\\\�\ CRUSHER FI N.. GRAVEL - - PATH 67 1" \\\ \`\`‘ "\\;"/>\\//, \\,/\<V\ \\.:/ \\\ \\\,;\\\.;,•, :\>:,>)? \\///x,/,/\<< "\\`\/\/;:/ /,\r 6470 6475 w\`/> /� \/\//\\/�/' g MNRAFI 14ON FILTER FABRIC I2" &RAVEL PRAIN 1300i-12E1RO 5HAr. BE 2' - 3' £7IAME'TCR lMIN) 1N 51 6" PERFORATED PVC - ORAIN TO DA -M SI -Tr KEY 5OLPER WALL 12• t41N INTO EXISTING SIAB6RADE NOTE= HOULVER FkALLS IN EXCESS OF 4 FEET IN HEI6HT SHALL BE DESI&NEL7 BY A STRUCTURAL EN6INEEEt BOULDER WAL.L. SCALE: NONE FINEWCONCRETE AVING WITH GRID 'COEL /NE5 AND MED. BROOM FINISH. \460 STEPPING STONE PAVERS WITH ,ROUNDCOVERS IN GAPS CRUSHER FINES GRA VEL PATH ;EXISTING BOULDER, 65 AAL- L: _FILL GAPS kviti-f GROUND .COVERS 6465 LAB STEPS WITH 6- /4" RISERS aid 15" Mf AD5. FIELD.. -..FIT AS , ECEESARY. DETAIL NEV CONCRETE PAVING WITH GRID SCOIr?ELINES AND MED. BROOK-FIN/5H. DRA INAC E SALE 65 64/ / NEW ACCENT TREE OR ART SCULPTURE PER OWNER REMOVE STUCCO WALL AND JUNIPER SHRUBS PERENNIALS AND ORNAMENTAL GRASSES: 63 63; fr. 7 DEER FOCE fC N TOP OF ;$1;6%1_1_ REMOVE EXISTING PAVING AND ADD CRUSHER FINES GRAVEL PATH NEV CONCRETE PAVING WITH GRID SGOREL INES AND MEL''. BROOM FINISH, HOT TVE3 RECESSED TO I e," ABOVE PATIO JAII TH IAIALL TW 621 5i -- GATE with ARBOR O F_.LANTER5 la" „1-1161-1 AND 4' AIDE4N511:2E. STUCCO FACE CMU TO MATCH EXISTIN& 59 FRUIT TREE5 6455 FIRE PIT RC7CK SCULPTURE 111/1101111 ouirissacaus OOP III"T*"... TA 6,2.21 E3A 50 0 EXIST! N6 JUNIPER re IF; REMAI 515 CRUSHER FINES 61;ZA VEL PA TH 56 56 6455 (SPRAVE/L2. PATH" TIMBER TRELLIS TO MATCH ARCH: ACV_ 'ONES -TO POSTS ABOVE \\N EROSION CONTROL. cm/ TREE PROTECTION NOTES SI LT FENCE: 5ilt and 5edIment 5 hail be caught by installing an Erosion Log (see detail). Install Erosion Log prior to excavation and keep in place until final grade is achieved, landscaping 15 installed and revegetation has become established. See Civil Plans for additional information. 2. Strayq bale siltation berms shall be placed in drainage 51^10Ies at intervals not to exceed 40'. 3. All 2:1 5101:705 5haff receive the native grass seed mix covered by Excelsior erosion control fabric. 4. The Contractor shall be responsible For preventing the release of sediment laden Aater Prom the construction site and shall be required to install additional control facilities at the direction Of the Oksiner of Inspector, should problems 5. CONSTRUCTION FENCE: The limit of Aark and existing trees designated to remain be surrounded Aith poly construction fence installed at the drop line. The fencing Ail/ remain throughout the entire construction period. DRAILAGE 51,NALE AT UPHILL SIDE OF PATH SECTION NO EL76ER 5 • 4" THICK COMPACTE1:2 CRUSHER FINES, COLORED PATH FOR POSITIVE DRAINAGE. SUBMIT COLOR SAMPLE FOR REVIEll AND APPROVAL III SCALE: NONE Ay:\ 4" COMPACTED ROAD BASE COMPACTED PINES NORTH 5 DENNiS ANDERSON P BM 1387 &MMUS. Colorado e. 632 Phone (970) 3901745 6"0 daal@Onrooasi net • • ct 710 WEST LIONSHEAD CIRCLE VAIL SPA CONDOMINIUMS - UNIT A VAIL., COLORADO 81657 Sakin Remode o No. Description Date 0 1 PRELIM. DRB 5-26-2015 Vt4 SS DC Project Number Date Drawn By Dennis Anderson PRELIMINARY LANDSCAPE PLAN OF 1 NEW UPPER LEVEL AND ROOF NEW STANDING SEAM METAL ROOF TYPICAL AT PITCHED ROOFS NEW CHIMNEY BEYOND NEW CHIMNEY CAP 2 A301 NEW VAULTED ROOF OVER STORAGE AREA REMOVE EXISTING GARAGE ROOF AND WOOD WALLS. REBUILD NEW WOOD WALLS TALLER, ADD UPPER LEVEL AND ROOF PER STRUCTURAL DRAWINGS NEW STAIR AND CANTILEVERED DECK ENTRY TO UPPER LEVEL NEW 1/4":12" ROOF OVER ENTRY WITH WATER PROOF MEMBRANE. SLOPE TO EXTERIOR REBUILD CHIMNEY FOR NEW FIREPLACE. SEE PROPOSED MAIN LEVEL PLAN. REINFORCE PER STRUCTURAL DRAWINGS. RAISE HEIGHT 2' FROM ORIGINAL AND ADD 2" STONE VENEER AS SHOWN NEW MAIN ROOF EXTENSION OVER PATIO 1 PATIO ADDITION 103 RoolPlan 108' - 3/4" i 101 Main evel — — -Proposed x100'-0" REPLACE EXISTING -I DOUBLE DOOR WITH 18' x 9' SINGLE DOOR AS SHOWN AT GARAGE ADDITION— II III III STUCCO FINISH WITH 3/8" FRYE REGLET REVEAL TYPICAL 'NEW FROSTED (GLASS WALL -I TNEW 2" STONE VENEER TYPICAL REPLACE EXISTING WINDOWS I 1 1 REMOVE EXISTING SOFFIT AND EXTEND NEW STONE VENEER 1 AS SHOWN REPLACE EXISTING WINDOW WITH SMALLER UNIT NEW CHIMNEY AND CAP BEYOND EXISTING WINDOW TO BE REMOVED REPLACE EXISTING WINDOW WITH TALLER UNIT 9 PROVIDE TRUSS ROOF TO MATCH EXISTING PER STRUCTURAL DRAWINGS 1 Proposed West Elevation 1/4" = I I I STUCCO FINISH WITH 3/8" FRYE REGLET REVEAL TYPICAL REPLACE EXISTING WINDOW WITH BACKSPLASH HEIGHT WINDOW 102 Upper Level Proposed 111'-97/8' I REMOVE EXISTING GARAGE ROOF AND WALLS, REBUILD WALLS TALLER, ADD UPPER LEVEL FLOOR AND ROOF FRAMING PER STRUCTURAL DRAWINGS REPLACE EXISTING WINDOWS WITH SMALLER SIZE S1 Foundation Plan 711 I19 6" NEW WINDOW STANDING SEAM METAL ROOF TYPICAL AT PITCHED ROOFS 8 III III III III III II EXII III ISTING TO BE REMOVED II III III III II EXISTING GRADE II NEW ENTRY DEC�IK AND STAIRS TO' UPPER LEVEL II III III III III L 1 REGRADE FOR UPPER LEVEL ENTRY AS SHOWN IN PLAN 2" STONE VENEER TYPICAL :6'-0" III III III III II 2 Proposed North Elevation 1/4" = 1'-0" III III 'I NEW FLAT ENTRY ROOF WITH TIMBER CANTILEVER BEAMS AND RAFTERSIII III I I — III III III III III III STUCCO FINISH WITH 3/8" FRYE-I REGLET REVEAL :TYPICAL INFILL EXISTING WINDOWS 111 III III III III III II 103 Roof Plan 108'-83/4" 101 Main Level Proposed AL 100'-0" 1 1 S1 Foundation Plan 196'-6" Ci Sakin Remodel Lot 13, Wooden Deer, Carbondale, Colorado Date BP SET 6 JAN. 2016 No. Description Date Project number Project Number Date BP SET 6 JAN. 2016 Drawn by Author Proposed West North Elevations A2 0 1 1/6/2016 11:47:42 AM NEW PATIO ROOF EXTENSION 4 A302 NEW STANDING SEAM METAL ROOF AT PITCHED ROOFS TYPICAL NEW CHIMNEY CAP NEW CHIMNEY ASSEMBLY ON EXISTING ROOF SEE STRUCTURAL DRAWINGS FOR REINFORCEMENT AS REQUIRED (G) NEW 1/4" PER FOOT "FLAT ROOF" SLOPING TO EXTERIOR WITH WATERPROOF MEMBRANE NEW VAULTED ROOF OVER STORAGE LOFT 2 A301 EXISTING LOWER ROOF STRUCTURE TO REMAIN. REPLACE EXISTING CRICKET TO REMOVE FLAT ROOF AREA NEW TRUSS ROOF TO MATCH EXISTING OVER NEW UPPER LEVEL Stora • e Level 109'-93/8" 103 Roof 108'-8 Ian /4" NEW 2' BAY WINDOW NEW PATIO ROOF PIERS PERIMETER FOUNDATION WALLS AND ROOF FRAMING PER STRUCTURAL DRAWINGS REPLACE EXISTING WINDOW WITH SMALLER UNIT 23 III II S1 Foundation Plai 96'-6"I 1 NEW STANDING SEAM METAL ROOF TYPICAL ALL PITCHED ROOFS III III REPLACE EXISTING UNIT WITH -LARGER UNIT III REPLACE EXISTING WINDOW WITH SMALLER WINDOW REMOVE EXISTING SOFFIT AND EXTEND NEW STONE VENEER AS SHOWN REBUILT CHIMNEY ASSEMBLY III III STUCCO FINISH WITH 3/8" FRYE REGLET REVEAL TYPICAL III III - NEW UPPER LEVEL ROOF PER STRUCTURAL DRAWINGS BEYOND II III - II REPLACE EXISTING WINDOW WITH MECHANICAL ROOM DOOR=III II REPLACE EXISTING WINDOW WITH GLASS LIDING DOOR I INFILL EXISTING WINDOW 1 Proposed East Elevation 1/4" = 1'-0" EXISTING DOOR LOCATION TO REMAIN r Date BP SET 6 JAN. 2016 N N. i Description y TIMBER RAFTERS @ 48" o.c. / WITH BEAM OUTLOOKERS PER STRUCTURAL DRAWINGS / CABLE GUARDRAIL AT NEW EXTERIOR PATIO NEW UPPER LEVEL ENTRY DECK AND STAIRS 102 Upper Level Prop�! 111'-97/8sed4N - II I NEW 3 PANEL SLIDING DOORS' TYPICAL I III /11 II REMOVE AND REPLACE— EXISTING GARAGE LEVEL WALLS PER STRUCTURAL DRAWINGS- 1 I 1.77 NEW STORAGE AREA ROOF PER STRUCTURAL DRAWINGS BEYOND 10 NEW CHIMNEY ASSEMBLY EXISTING DOOR LOCATION TO REMAIN II II III REMOVE EXISTING GARAGE - ROOF AND WOOD REBUILD NEW WALLS 1WALLS 1 TALLER, ADD UPPER LEVEL AND ROOF PER STRUCTURAL DRAWINGS I 1 II II 1 II =101 Mn L= Proposedaievel 100'-0"-_ 11 i II NEW UPPER LEVEL DECK OVER LIVING SPACE EXISTING LOWER ROOF STRUCTURE TO REMAIN 12 13 ly(165) _IL 7 (167) (20) EXTEND EXISTING LIVING ROOM ROOF FORME / OVER PATIO— iii NEW TRANSOM WINDOWS ABOVE PROVIDE STEEL FRAME PER STUCTURAL DRAWINGS 1 Proposed South Elevation 1/4" = 1'-0" NEW 3 PANEL SLIDING DOORS TYPICAL STUCCO FINISH WITH 3/8" FRYE REGLET REVEAL TYPICAL iii REPLACE EXISTINGII WINDOW WITH GLASS SLIDING DOOR 11 1 1 103 Roof Plan 108'-83/4" 101 Main Level Proposed AL 100'-0". 1 I 1 II S1 Foundation Plan - H96' -6" Ci Sakin Remodel Lot 13, Wooden Deer, Carbondale, Colorado Date BP SET 6 JAN. 2016 No. Description Date Project number Project Number Date BP SET 6 JAN. 2016 Drawn by Author Proposed East South Elevations A203 1/6/2016 11:48:58 AM PI" Land Title GIJARANT E E COMPANY —Since rg6y— Customer Distribution Property Address: 499 WOODEN DEER ROAD, CARBONDALE, CO 81623 Our Order Number: BAR64000301 Date: 01-12-2015 For Closing Assistance Jennifer Stepisnik 200 BASALT CENTER CIRCLE PO BOX 3440 BASALT, CO 81621 970-927-0405 (phone) 877-346-4115 (fax) jstepisnik@ltgc.com For Title Assistance KIM SHULTZ 200 BASALT CENTER CIRCLE PO BOX 3440 BASALT, CO 81621 970-927-0405 (phone) 970-927-0610 (fax) kshultz@ltgc.com BuyerlBorrower SALLY B. SAKIN Delivered via: Delivered by Realtor Seller/Owner RICHARD MCCRUDDEN AND CONNIE MCCRUDDEN Delivered via: Delivered by Realtor Agent for Seller ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY Attention: LESLIE NEWBURY PO BOX 650, 201 MIDLAND AVE BASALT, CO 81621 970-379-6556 (home) 970-927-8080 (work) 970-927-3944 (work fax) leslie.newbury@sothebysrealty.com Delivered via: Electronic Mail Agent for Buyer COLDWELL BANKER MASON MORSE REAL ESTATE Attention: PATTY BRENDLINGER 0290 HWY 133 CARBONDALE, CO 81623 970-379-5484 (home) 970-963-3300 (work) 970-963-0879 (work fax) pbrendlinger@masonmorse.com Delivered via: Electronic Mail Closer LAND TITLE GUARANTEE COMPANY Attention: Jennifer Stepisnik 200 BASALT CENTER CIRCLE, PO BOX 3440 BASALT,C0 81621 970-927-0405 (work) 877-346-4115 (work fax) jstepisnik@ltgc.com Land Title GUARANTEE COMPANY --Since 1967— Wire Instructions Bank: ALPINE BANK Address: 200 BASALT CIRCLE SUITE #1 BASALT, CO 81621 Phone: 970-384-3223 ABA No: 102103407 Account: 1010064870 Attention: Jennifer Stepisnik Reference BAR64000301 *If any of the above information is missing, the wire will be returned to sender. *If you have questions or concerns, please contact your closer. *Please remit funds in the form of a cashiers check or wire ***NOTE: Land Title can not accept buyer funds in the form of personal checks, and buyer funds delivered using ACH payment systems may result in the delay or cancellation of your closing. Land Title Guarantee Company IP. Estimate of Title Fees Land Title GUARANTEE COMPANY —Since 1967— Order Number: BAR64000301 Date: 01-12-2015 Property Address: 499 WOODEN DEER ROAD, CARBONDALE, CO 81623 Buyer/Borrower: SALLY B. SAKIN Seller: RICHARD MCCRUDDEN AND CONNIE MCCRUDDEN Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees Owners Extended on ALTA -06 (Reissue Rate) Tax Certificate $1,228.00 $21.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $1,249.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Property Address: 499 WOODEN DEER ROAD, CARBONDALE, CO 81623 1. Effective Date: 12-08-2014 at 05:OOPM 2. Policy to be Issued and Proposed Insured: Owner's Extended Coverage Policy - ALTA Owner's Policy 06-17-06 (For Residential Land) Proposed Insured: SALLY B. SAKIN $875,000.00 Order Number: BAR64000301 Customer Ref -Loan No.: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: RICHARD MCCRUDDEN AND CONNIE MCCRUDDEN 5. The Land referred to in this Commitment is described as follows: LOT 13 WOODEN DEER SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 7, 1992 UNDER RECEPTION NO. 441908. COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2015 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: BAR64000301 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT SURVEY PLAT OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE THE STANDARD EXCEPTIONS. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT SURVEY PLAT WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT SURVEY PLAT. 2. RELEASE OF DEED OF TRUST DATED SEPTEMBER 06, 2011 FROM RICHARD MCCRUDDEN AND CONNIE MCCRUDDEN TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF UNIVERSAL LENDING CORPORATION TO SECURE THE SUM OF $938,250.00 RECORDED SEPTEMBER 15, 2011, UNDER RECEPTION NO. 808117. 3. RELEASE OF DEED OF TRUST DATED SEPTEMBER 06, 2011 FROM RICHARD MCCRUDDEN AND CONNIE MCCRUDDEN TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF SECRETARY OF HOUSING AND URBAN DEVELOPMENT TO SECURE THE SUM OF $938,250.00 RECORDED SEPTEMBER 15, 2011, UNDER RECEPTION NO. 808118. 4. WARRANTY DEED FROM RICHARD MCCRUDDEN AND CONNIE MCCRUDDEN TO SALLY B. SAKIN CONVEYING SUBJECT PROPERTY. REQUIREMENTS TO PROVIDE OWNER'S EXTENDED COVERAGE IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, AND A SURVEY OF THE LAND, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT AND SURVEY WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2014 AND SUBSEQUENT YEARS. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: BAR64000301 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. The Owner's Extended Coverage Policy will automatically increase coverage by 10 percent on each of the first five anniversaries of the policy date, at no addtional charge. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 08, 1899, IN BOOK 12 AT PAGE 526. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 08, 1899, IN BOOK 12 AT PAGE 526 AND RECORDED FEBRUARY 16, 1918 IN BOOK 112 AT PAGE 488. 10. TERMS, CONDITIONS, OBLIGATIONS, PROVISIONS AND EFFECTS OF RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, RESOLUTION #92-043, A RESOLUTION CONCERNED WITH APPROVAL OF A PRELIMINARY PLAN FOR WOODEN DEER SUBDIVISION RECORDED MAY 12, 1992 IN BOOK 831 AT PAGE 363. 11. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 7, 1992, IN BOOK 849 AT PAGE 73. 12. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: BAR64000301 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 07, 1992, IN BOOK 849 AT PAGE 78. 13. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EFFECTS OF AGREEMENT BY AND BETWEEN CARBONDALE LAND DEVELOPMENT CORPORATION AND WOODEN DEER HOMEOWNERS ASSOCIATION RECORDED DECEMBER 7, 1992 IN BOOK 849 AT PAGE 116, AND RECORDED DECEMBER 30, 1992 IN BOOK 851 AT PAGE 295. 14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 30, 1993 IN BOOK 873 AT PAGE 679. 15. TERMS, CONDITIONS AND PROVISIONS OF INSTRUMENT RECORDED JUNE 05, 1997 IN BOOK 1021 AT PAGE 236. 16. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF WOODEN DEER SUBDIVISION RECORDED DECEMBER 7, 1992, UNDER RECEPTION NO. 441908. GUARANTEE COMPANY W W W. LT GC. COM JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. IF" Land Title GUARANTEE COMPANY —Since r967— LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. ,'*irLF f•. Commitment to Insure lit *s � * C. : ALTA Commitment - 2006 Rev. v* 4, * P _ OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable 7 * n ; consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed a. * * ` 0 Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, ....04, # 0,... upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A '', Q70 ' M44 . `'. and B and to the Conditions of this Commitment. 'rtf Fi f,'` This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 John E. Freyer President Authorized Officer or Agent Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 rs- Mark Bilbrey President Re YeSoe, See.etory AMERICAN LAND TITLE ASSOCIATION 857173 12/16/2014 09:41:08 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $87.50 eRecorded 111 11111111111111111 11111111111111 Warranty Deed (Pursuant to 38-30-1]3 C.R.S.) State Documentary Fee Date: December 12,2014 S 87.50 THIS DEED, made on December 12, 2014 by RICHARD MCCRUDDEN AND CONNIE MCCRUDDEN Grantor(s), of the County of GARFIELD and State of COLORADO for the consideration of ($875,000.00) *** Eight Hundred Seventy Five Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to SALLY B. SAKIN Grantee(s), whose street address is 1710 SOPRIS MOUNTAIN ROAD BASALT, CO 81621, County of EAGLE, and State of COLORADO, the following real property in tbe County of Garfield, and State of Colorado, to wit: LOT 13 WOODEN DEER SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 7,1992 UNDER RECEPTION NO. 441908. COUNTY OF GARFIELD STATE OF COLORADO also known by street and number as: 499 WOODEN DEER ROAD CARBONDALE CO 81623 with all its appurtenances and warrants the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR TEE YEAR 2014 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED TO ai INCO TED irt RICHARD MCCRUDDEN KRISTI B. COOLEY NOTARY PUBLIC STATE OF COLORADO NOTARY 03 02013402=5 State of COLORADO t ktti Ccemitstion Extiaas Aprl 5, 2017 ) County of MESA The foregoing instrument was acknowledged before me on this day of December 12, 2014 by RI et. * MCCRUDDEN AND CONNIE MCCRUDDEN '6 ,o My commission expires When Recorded Return to: SALLY B. SAIUN 1710 SOPRIS MOUNTAIN ROAD BASALT, CO 81621 Form 13002 09i2008 wd,open.odl Warranty Deed Open (Photographic) EAR64000301 (20664473) 857173 12/16/2014 09:41:08 AM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $87.50 eRecorded EXHIBIT A Property Address: 499 WOODEN DEER ROAD CARBONDALE CO 81623 RIGHT OF PROPRIETOR OFA VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNTIED STATES PATENT RECORDED AUGUST 08, 1899, IN BOOK 12 AT PAGE 526. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNI rEl) STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 08, 1899, IN BOOK 12 AT PAGE 526 AND RECORDED FEBRUARY 16,1918 IN BOOK 112 AT PAGE 488. TERMS, CONDITIONS, OBLIGATIONS, PROVISIONS AND El. 1,ECTS OF RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, RESOLUTION #92-043, A RESOLUTION CONCERNED WITH APPROVAL OF A PRELIMINARY PLAN FOR WOODEN DEER SUBDIVISION RECORDED MAY 12,1992 IN BOOK 831 AT PAGE 363. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 7, 1992, IN BOOK 849 AT PAGE 73. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR. RELIGION, SEN SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH INAPPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 07, 1992, IN BOOK 849 AT PAGE 7& TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EFFECTS OF AGREEMENT BY AND BETWEEN CARBONDALE LAND DEVELOPMENT CORPORATION AND WOODEN DEER HOMEOWNERS ASSOCIATION RECORDED DECEMBER 7,1992 IN BOOK 849 AT PAGE 116, AND RECORDED DECEMBER 30,1992 IN BOOK ES1 AT PAGE 295. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 30, 1993 IN BOOK 873 AT PAGE 679. TEDD, CONDITIONS AND PROVISIONS OF INSTRUMENT RECORDED JUNE 05, 1997 IN BOOK 1021 AT PAGE 236. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF WOODEN DEER SUBDIVISION RECORDED DECEMBER 7,1992, UNDER RECEPTION NO. 44190& Form 13100 08/2008 h2cxhibitescrow.odt BAR64000301 120664476) ATTisommEmr*D A A1 • I Certification of Dedication and Ownership: KNOW ALL. MEN BY THESE PRESENTS that Carbondale Land Development Corporation, a Colorado Corporation whose address is 39100 Highway No. 82 /11, Aspen Colorado, being sole owner(s) in fee simple of all that real property described as: A parcel of land situated in Sections 24 and 25, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado being more particularly described as follows: Beginning at a point whence the witness comer to the southwest corner of said Section 25 bears S 07-38-39 W 2797.83 feet; thence S 89-23-11 E 123.62 feet; thence 5 60-21-03 E 18,72 feet; thence 90.54 feet along the arc of a curve to the left having a radius of 164.23 feet, a central angle of 31 -37-17 and subtending a chord bearing S 76-09-41 E 89,49 feet; thence - N 88-01-40 E 59.79 feet; thence N 00-00-00 E 26.87 feet; thence S 89-23-11 E 654.95 feet; thence N 00-12-18 W 842.53 feet; thence N 89-39-47 5 269.41 feet; thence N 03-23-51 5 1301.62 feet; thence N 01-10-13 W 992.09 feet; thence N 89-40-49 W 57.96 feet; thence N 00-42-53 E 280.52 feet' thence N 89-41-51 W 530.51 feet; thence 5 02-58-27 E 75.12 feet; thence N 89-41-51 W 675.09 feet; thence • 02-58-27 E 1196.95 feet; thence S 03-59-55 W 2062,98 feet; thence S' 64-42-38 E 112.94 feet; thence S 63-24-41 E 56.12 feet; thence 5 60-21-03 E 13.74 feet to the point of beginning. Said parcel CO(7631/7.9 97888 acres more or less; have by these presents laid out, platted, and subdivided the some into lots as shown hereon and designate the same as Wooden Deer Subdivision in the County of Garfield, State of Colorado. Said parcel contains 97888 acres more ar less; have by these presents laid out, platted, and subdivided the same into lots as shown hereon and designate the same as Wooden Deer Subdivision in the County of Garfield, State of Colorado. Subject to the easements hereinafter granted and dedicated, the Owner does hereby dedicate and set apart all of the roads, as shown on the accompanying Plat, to the Public forever, including the Emergency Turn Around Easement and Fire Access/Egress Easement to be used for emergency purposes only. And further the Owner does hereby grant and dedicate to the Public Utilities non-exclusive perpetual easements under, over and across those portions of the property as shown on the accompanying Plat for utility Easements including, but not by way of limitation, easements for the installation and maintenance of electric lines, gas lines, telephone lines and television cable lines together with the right to trim interfering trees and brush with the perpetual right of ingress and egress for the installation and maintenance of such lines. Such easements shalt be used only in a reasonable and prudent manner. Arid to the Wooden Deer Homeowners Association Owner hereby grants and dedicates a perpetual non-exclusive easement for the installation ond maintenance of well sites, pump houses, and water storage and transmission facilities, including, but not by way of limitation, the easements shown for well site and pump house on Lot 5 and well sites shown as utility easements on lots 6,71,14,15, and, storage tank easement as shown on lots 7 and 2, and GI/ agricultural , irrigation and drainage areas 0/1 GS shown on the accompanying Plat along with other easements show for (nail collection and distribution, trash collection or other purposes. And further, Owner hereby grants and dedicates to the Wooden Deer Homeowners Association, perpetual, non-exclusive easements for all drainage and agricultural easements as shown on the accotnponying Plat together with the right of ingress and egress and the right to plant, trim, clear and otherwise to maintain and improve such easements. IN W1TAIESS WI-/ERSOF said owner has caused his name to be hereunto subscribed this .1,71',.4 day of (X1P136-14, 1992, A.D. Cerbondale. Lana Development Car or ion, a Colorado Corporation Attest._ Assi nt Secretary State of Colorado County of Garfield ) ) ss The foregoing dedication was acknowledged before me thie,e'17 day t. 0 f it7-42,0414' og , 1992 A.D., by Russell Scott Writer as President 1; and Suzanne 8. Writer as Assistant Secretory of Carbondale Lana' Development Corporal/on, a Colorado Corporation. WITNESS MY HAND AND SEAL My commission expires: 119 11415. WO Notary Address: ?4c So. -m-74 AczArim. IIWI.-Mg.g—C ro12421 SCHWESER GORDON MEYER INC. 1001 GRAND AVENUE, SUITE 2—E GLENWOOD SPRINGS. COLORADO 81601 (303) 945-1004 (FAX:) 945-5948 ASPEN, COLORADO (303) 925-6727 AR PLAT NOTES (1 titiV SU 1, The recommendations of the Colorado State Forester wildfire prevention guidelines, specified by the pamphlet "Wildfire Protection in the Wildland Urban Interface" prepared by the Colorado State Forest Service ('0.5. [15. 1143-691) shall be followed in the construction of all structures. The Architectural Committee will consider the guidelines in the current wildfire publication by the Colorado State Forest Service when reviewing proposed structures. 2. Prior to issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, an 1S,D.S. design, and a grading and drainage pion prepared and certified by a professional engineer. Ali improvements shall be constructed in accordance with such measures which shall be o condition of the building permit. i. ots 1-5 and Lot 7 may require booster pumps to maintain residential water pressure to above 40 4. There shall be no access to County Road No. 104 from any lot in this subdivision. Surveyor's Certificate: Kenneth R. Wilson, do hereby certifythat I am a Professional Land Surveyor licensed under the law of the State of Colorado, that this plat is a true, correct and complete plat of Wooden Deer Subdivision as laid out, platted, dedicated and shown hereon, that such plat was made by me from an accurate survey of said property by me, and under my supervision and correctly shows the location and dimensions of the boundary and easements of said subdivision as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of bond. iN Aql-NESSAHE EOF I have set my hand .and seal this of ... , A.D., 1992. 4/(7/ Profess, na and Surveyor 16:6 7 LAND 1../.5L SUMMARY SU8DIVISON LOTS -2.2 97888 AC. -e TOTL AREA 97.888 23 24 • I 1, • •„, „f) ; 660- 0' 00, n805 19 r‘, +64,6,9 • Catherine r-- • WOODEN DEER S DIVISION Board of County Commissioners' Certificate: This Plat was approved by the Soard of County Commissioners of Garfield County, Colorodo, this 7 day of e(-2.F,gre1992, for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereor subject to the provision that the approval /0 00 way obligates Garfield County for financing or construction of improvements on land, streets, or easements dedicated to the public, except as specifically agreed to by the County in the Subdivision Agreement. Chairman Witness my hand and seal of the County of Garfield. Attest: Mortgagees Consent KNOW ALL MEN BY THESE PRESENTS that the undersigned Alpine Bank - Carbondale, which has a security interest in the property, consents to the subdivision of the property and public dedications of the above described property. Alpine Bank-Carbonda Leee,,o,5- President State of Colorado County of Garfield ) ) ss A 714 The dkorlgoing dedication was acknowledged before me this day of Veethedete , 1992 A.D., by Joe Scofield as President of Alpine Sank -Carbondale. WITNESS MY HAND AND SEAL My commission expires: Address.' Notary Clerk and Recorder's Certificate. 171.1a,‘:24 - L4 VW.? This plat was flied for record in the Office of the Clerk and Recorder of _Garfield County, Colorado, at o'clock this - 7-) 1( ---day of Vo&C-- , 1992, Book , ai Page Reception No. ilzZ_ZaA7' e 3e, e ,9- County Surveyor's Certificate: Clerk & Recorder Ety: Deputy Approved for Content and Form only and not the accuracy of surveys, calculations or drafting Pursuant to C.R.S., 1973, 38- 51-101 and 102. (Signed) /Frecf, 2 Attorney's Certificate: ountyThSurveyor /2)22 ..elf;o14./4-yee/c-s-L /, Lee , an attorney licensed to practice in the State of Colorado, do hereby certify. that 0 dedications to the public as described on this Final Plat are free and clear of any liens, claims ar encumbrances of record except for the following: 1) Right of proprietor of a vein or /ode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent recorded August 8. 1899, in Book 12 at Page 526, 2) Right of way for ditches or canals constructed by the authority of the United States as reserved United States Patent recorded August 8, 1899, in Book 12 at Poge 525, 3) Right of way for ditches or canals constructed by the authority of the United States as reserved United States Patent recorded February 16, 1918, in Book 112 at Page 488, encumbrances in favor of Alpine Sank-Corbandale and further that this subdivision is in substantial compliance with the Garfield County subdivision Regulations of 19 pieg. 1qicf 'NUM- RER REVISION LATE BY ,azslaaa"aa,,,ZZ ?aiata.:3 Date GARFIELD COUNTY COLORADO ;rae,,a,a.a,,,k7aVaakaa&z.a.y.':-Z-4",,,f,a.at'agalalay.'aPazaWhit3-.1.11---a'.4.1*Pa" a....7aVaaiaaa,`a.ft Job No. 91147 Drown by: ,aa.,,,aWa,g,a,44Mi4Waatf.a.V,7.aaraza,a,0 Date: Appr. by: A7c. 9 S'EP 2 KW .RC1R SC' 29 604" ..aNa:aAa.WW, • 411101111111.111 Notice: Portion of boundary confirmed by (Quit Claim Deed recorded Book 840 Page 9/0 700 1-00t Access Easement SOOK 840 PAGE 970 \ Portion of boundary confirmed by Quit Claim Deed recorded ,'n gook 840 Page 3.50 7 RAR AND CAP LS 184.78 Ei,..7sement t-mergency Turnaround 2.0' Drainage Easer-nent lehicte Easement 7, -7 /1 (.// -.1/t / . 427 /C28 C30 k‘ 029 1 7.„-- # I 4/ _5_504 AC. :1: . I_ 0 T .1 4 2,005 AC.± Easerrientrill ,,- ....1 C 1 8 1.0! 7871 AC.± 1, 'lie to witness corner found in place) to SE Sec 25, 117S., R.88W., 6th P.M. According to Colorado law, you must commence any legal action &used Upon any defect in thig survey within three yews after you first th:Tcover „we': defect. In no evn.nt may any legal ;action based wan any (1.fekci in this survey be commenced more than ten years from the data of the certifiedtion shown hereon. LOT/22 9,067 AC..± 3' 1 L7 C AGRICULTURAL e.k---; UTILITY EASEMENT Zcess E 0„.s1tri-16'1-1 1' A yny i / ',L21 / 1/ L22 :. i ..444 iI 1 1L2.3 ((Zit 1 '-' i ''', tNfs ! / fi_24 ,. t i / / N i 1 I /L25 C) ' 1 C) , /i ; L26 1 / /I 7 /L27 .'. , / 1 k7 ( / ,,. ii",, 11_28 / C /L29 ' . / .sZ' , i44•J 1..../,‘ / / ('VN7 '11-30 I Li .31 I 1 / )‘,.. L333 2 2 4 41. [0/75 2.605 05 errie?r,t 44 • • " • • it N a Ate r Vf ( V / C.- <Wb Cft- //r r • 4'63- .)- (7f7 LOT 4.667 AC,/.4-2 / , H 86037 27" 2 4 4 .00, „ / 0 # 7 / C36,2 "645 Easement 1 Emergency Vehicle Turnaround Easement 34 \L36 (stone car "›. CI 2 County- Road No /04 1 1 .52' N 892 0 40 Lci, Ps) T 1. 2 7 195 AC._± N 9°23' 1 1" W ft NOTE: IVO ACC.,'ESS.15 PERMITTED TO COUNTY 1?0A0 NO. 104 4.74,,YOFAkta, `tatati,4(41,0,-44,e,4,44,V, wat,41470t,44'' • • ,'• 4/44 • 4,„.01 44.-42,t, 44 441444411.4,4/4 SCHWESER GORDON MEYER IN *A 1 pr.i.ir 0 A 1,RATE 2 S as CCM. 45-- 151X. Af, coLo ta*terni" Portion of boundary confirmed by Quit Claim Deed recorded in Book Page • T " 9 4.250 _ 2 b . 4 47- ijOrt1017 01 00(.1 (JC10.7 On lir ro ej by Qui ciafrri Deed recorded if/ Book 828 Pa -.7e, 347 344/art4,1444. (44414(4(44.t3444,,..atrs:0:444r '..4(t4o144,444(. 'N DEE AO-, F .4444,' '3444 • „ ,(4( .t. (..,„,.(..• n'.7 • I- ' 14 44,.,:e00.,4474( ...P.V"'1433-4,34:414"Ver: Portion of boundary confirmed by Quit Claim Deed recsorded fr SoOk Page LINE DREcnew 1 0/STANCE L2 _i_ AI 405r -r 28..28' 46 N 25'3'8'10 W 23.58' (7 Al 805017' W 101.12' L9 N 66'21 s93" W 13.74 L10 L11 N 63'24'4? W N ocroo'oe-T-- 68.72' 26.87' (12 Al 800'40' 4" N 60'11'.3' W 59.79' 15.72' L13 ........._ L14 L lir N 19'45;51" W 16.99' N 1.16 N 7726.'J/"1 45.62' 107.55' 1-17 Al 69'53'20 F. (18 N 20`454437iji 5 7. 99 ' 4.19 N 0.323'39" E 25.25' 1.20 N 42'17'04' W 21.30' 1.21 N 04'09'01 W 19.42' L22 N 1752'38" E -W 24.48' 1.23 77? 1.24 N 19'03'57- 5 39.60' 1.25 Iv' 45'15'53" E N 047817" E 22.15' (26 (27 IV 203250 E 47.20' L28 N 00'00'00' E 2520' 1.29 N 2705'52" E 24.48' :36.98' 4537' 46.25' (JO Al 0r50'35" /41 L51 N 01'00'07" 5 N 01'48'40' 5 1.32 LJJ AI 21'44'12" 5 52.49' (34 N 26'48'17' W 16.00' (35 N XY '' 6- - 61.89' 43.65' 1.36 N 1838'44 14' 137 N 1921 '15" E 62-29' 1.39 N 43'5,5'7.5" 5 30.09' 1.40 iv 21'27'28" E.. 27.95' L47 N 535715' E 32.15' 6.3.277 33.07' 1.42 N 52'04'37" 6" N 572725" 5 1.43 (44 N 55'47'54" 5 28.46' 22.87' 41.50T (45 N 05 23737 5 L46 N 601617' 5 L48 N 73'48' f f" 5 42.08' L44 11 ' ' . . 40,07' 1.50 N 13'27'05" E 40.10' 151 N 4821'3.2" W 41.87' 1,52 N 86'11'45" 14' 35.00' L5314- N 80'0'31 E 35.277 L54 AI 09-1.9f? W 40.00' 155 N 8040,31° 5 5,00' (56 AI 31.057g" E 4007' 40.16' 29.1 2a. 1.57 N 71'14'1? 5 L58 N 0, -,r -1,P.58- 5 (59 N 66'39"" W L60 N 6-30'4,3" If 8.58' (61 N 01'52'29' E 36.57' 4.5:40' L62 N 23'29'17' E L63 N 23'29'17" E 37- 79' 'T298' 164 N 31'0472" 5 4'.// 44 too. 100 GRAPHIC SCALE 200 jowl *WM WORtiakirgr4 ( IN FET 1 inch 100 rt. -------51.1RVE L RADia6 ---- 1-- 100.00' LENGTH 1 75.23' TANGENT I CHORD LI- BEARING T DELTA 43'06 1-111- 32'50'564 52'12'08" 01 39.49' 29.48' 73.47' N 3427'47" E 56.55' N 450.3'W w 05 100.00' 57.33' C7 200.00' 182.22' 97.98' 175.98' N 5:4'44'13" W 08 100.00' 90.98' 46.91' 87,8' N 7505'52" E 52'07'42" 09 100.00' 59.55' 30.69' 58.68' N 29'58'21 E 34'07'19" C10 100.00' 164.23' 15.27' 90,64' 7.65' 15.25' N 60'23'17" E 08'44'50" 31'37'f 41'45'3? 13'16'1r 00'58'15" C11 46.50' 89.49' N 76'09'41' w 71.28' N 40'3611 100:0ti' 72.89' 38.15' 013 1179.05' 1179.05' 273.09' 137.16' 9.99 22.48' 1,4 69'500e E 1.98' N 76'57'24" E C14 19.98' 015 120.00' 84.6' 109.75' 44.29' 33.10' N 57'11'02" E 40'30'59" 52'24' i9" 016 120.00' 59.05' 105.97' N 10'43'23` E 017 120.00' 78,92' 40.95' 77.51' N 34'19'i7" W 3T41'00 018 120.00' 100.00' 116,27' 12.03' 76.3 65.08' 114.42' N 81'38'14" W 12.0,,,,,,.,,N 0'9'E73'2 56'56'53" 06'53'32" 43'54'1* 019 6.02' 020 100.00' 40.31' 74.77' N 8r15'59'4 w 01 190,00' 67.03' 34.83' 65.78' N 40'06'40" w 38'24'18" 162-10'2i371 C22 67.00' 189.54' 427.22' 132.38' N 59'28'2 w 023 1179.05' 211.31' 34.82' 105.94' 211.02' N 71'20'1 ' E 34,77' N 31403,f7. 1 al woe 10'30'00" 024 190,00' 17.45' C25 150.00' 48.22' 51.19' 24.32' 25.76' 48.02' N 13'00'52" E 51.02' N 04'67701 W 18'25'13" 15'51' 1 (T• 026 185.00' C27 90.00' 63.64' 33:221 62.33' N 5T11'0' F. 40'30'59" 3324391 74'04'7 16.40.10" 5S' 53'56' 21'11'38" 50'33727 371901v 028 90.00' 52.48' 27)1' 51.74' N 20"13'1.1. E 029 25.00' 90.00' 32.32' 18.86' 30.11' N 43'3'29" E 030 26.18' 13,19' 48.51' 2609' N 44'49'42" W 85.82' N 81'38'14" w 031 89.45' C32 0 894,000,..00000. 29.59' 14.97' 29.42' N 2574'.:5511 W 033 40.00' 35.30' 18.89' _ 13.51' 34.16' N 1'1'05'42" W .. 25.59' N 30'14'25" W 034 ........._____ 40.00' 26.05' 035" 29.68' 15,55' 15.57' 2.9.00' N 87'45'57" W 30.40' 14 52'13'21" E 174.31' N 1734'11" W 42'30'29" 25'e47434 1 IB.• 30' 37r1 88' 24' 5ir 1495733" 33'33'63r 33'4.1'0' 4,3'06' eig1",_ C36 70.00' 30.64' 039 87.20' 279.28' -284.75' 0.27' 32448' C40 100.00' 154.32' 139.45' N 65'07'004-W 168.44' N 004739" W 041 87.20' 228.22' C42 87.20' 51,06' 2629' 50.33' N 87'27'03" E 57.96' N 4755'01" E N 52.37igi E 04.3 100.00' 166.00' 58.80' 126.41' 30,26' 66.37'123,45' 044 Legend and Nots: El indicates found monument as decribed. indicates set monument rebar and cap L.,5‘ 15710. /!7d/Cates budding point Survey Orientation based on found mo.rwm41nCs as shown. 4,446,414/4` 51 (tv (rrat(44,to.,144(a.Otti‘a..aattar4,4-4,attraZ4(4,14,44c4(4,4att,a,a(4.,,,,, •-• 4/01144(4/4, ATE --ommttoot", 41 ,, ... ,• • ...... • • ..41(4444,44,4.44/ 4.4144' FINAL PLA tor«.ozt-tatt(?oat141.- yoo47.911.ats.1(4.4moa.../t4-. or t.o p 47 .41 4. 41. 41 41 41 Mt.\ -4,44,4w.ovto .4...totontao4.-4=t-,t,o,..ettttootoy? ..410 44/4 HIR"d' ^h"Kc :""-:-e,4.0 04, -.W., » .144,44b 4+s'Yw,'-/9. ." Notice: - boundary con firmed by Quit (Iain :.iced rec.-Odea :n 836 at r`-/ r, ra 74 N 89°41'51" W 675.09' L...01 1 5.989 Acs. + / t^_. i _ 2 5.462 r BRASS 4r 1.5 ..?37 / 1s LOT 10 161,655 sq. ft. 3.711 Acs. + /- LOT 4.181 Acs,- L....0 cs.- • L.._0 v 1 1 t:o 3.277 Acs...., /- CJ G0 0 COUNTY ROAD 15' Emergency Fire Access/Egress Easement On/y, iVo Genera/ Access Book 836 Page 756 L0 3 6.044 Acs.+/ - C30 f ,y OI 4 5,924 Acs.+/' --- 0 3.010 Acs.+/ - 4' 0.3 01 7 t i3 LO k28 r 2.291 Acs.+/ - 7 4 cc O: 3 0 022 02 r 50,9 ?920 ....... ..... L.15,• _ 0 1 5 L2 23 ..' ac r.er+ • �•' 3.895 Acs.; /- n co 3*,76' 01.1 ! 5; aserner'. Portion of t7OUnd'ry r,., con i�;f ri"i C'`„' Ci ay:.�iJ', i, %�:i; Deed recorded 0' Sou A 841 at Page 1,50 "% i .�,....�-/ �; ;:..) ANC/ (:51,' c, 184 is 0_0 e: rye" c:;/ ess 0) Co 0) 0) 09 L6 // LOT 6 / / 2.021 Acs. �- 01 16 2.548 Acs.+/ - 0 ! t �;er f 6'17C: y t'ehrc!e CN urnoroun Ltd Li) LC) f) 0 z 20: Or:� According to Colorado lair, you must commence any legal action based upon any defect In this survey within three years after you first discover such defect, in no event moy any legal action bored upon any defect in this surrey be commenced mare than ten years from the date of the certification shown hereon, ' Cl LO LOT 1!5 11\ 0.8 kk`WR qF:- 63'4.'4 SCHWESER GORDON MEYER , 1001 GRAND AVENUE s 2-E L ENWOOD SPRINGS. COLORADO 81601 X 945-1004 (FAX.) 945-59481COLORADO (303) 925 6727 GOR xit MEY t 3° .24' L Ar 60'59':76. 7 _ 76 97' N 86'0 244.01' Tr f N) {) 're ()gement Only Portion al boundary ._0rif;rmed by Ou' I 67 ;Tr? :eed recorded i�; Book 8 4 1 al` Page 48.7 ;17; r( -ion of boirtt aly confirmed by Quit Claim Deed recorded oo/ ........_ _._. at Page /ova tc' to •••,••-.me LINE i Dl, EC770N 1 DISTANCE L7 N 02'58'27" W 75. 12' 57 46' DELTA 03'00'09' 13'37';36 10'16'06' 06 53'32 N 89'40'49" W 1.3 N 20'54'31" FN ..15' ,.4 N 7726'.31" E 46_62' 15 N 815'02'03" e 24.93' L6 N 83`03'47" F4' 4706' L7 N 8502'03" E 24.93' 18 N 63'03'47" lY 47.05' 19 N 21;5554" E 40.00' L10 N 55'07'47" 5 14.95' (17 Al 69`4.3`38" 5 .52.25' L12 N 20'16'2.2" W 40.00' 113 N 69"4338" 5 40.00' L14 N 20-16'22" W 40.00' 115 N 69'4338" 5 26.54' _,....,..1(/6-.........__._ N_55'07'471.5 _._-.-_.x._18.15'..... i.".,4 ti" 4 Y'.'9wiCi'P,iQ»i%*.'�i'wb"tttrc�K7""PV ++,;t1:44,0 4++4S.',.`y GRAPHIC SCALE zoo CI:CVE L_ RADIUS T--L'cNLimi-1 61.79' 35.69' T._ Tri DENT r 30.90' 17.93' CHORD { .61.78' 35.60' 211.02' 12.02' BEARING 64'42`05" [ N 1-r Or O0 W N 71'211'13"-E N 73'20'06' E DELTA 03'00'09' 13'37';36 10'16'06' 06 53'32 Cl C2 1179.05' 150.00' C3 1179.05' 211.31' 105.94' 6.02' 04 100.00' 12.03' 05 100.00' 76.6.3' 40.31' 74.77' 228.59' N 81'15'Sg'W N 57'313'14" E 43'54'19" 11'07'33' C6 1179.05' 228.95' 114.84' C7 100.00' 57.03' 34.83' 65.08' _.___......_.... 85.08'..__... 479.63' 65.78' N 40'06'40" W N 81'36'14" W N rr 1x 53'30'02" W N 0859'08" E 38'24' 113 56''56'5,31- 6'''56'53303 59'07'29I. 168'05'492 08 120.00' 119.27' 114.42' ._._148.01' 99.46' 09 010 ......__...._._.._150.00' 50.00' ... 154.79' 146.69' 011 120.00' 78.92' 40.95' '77:51' N 34'19'17° W 37'41'0_0" 52'24'131` C12 120,00' 109.76' 59.05' 105.97' N 10'43'23 E 013 120.00' 84.86' • 44.29' 83.10' N 5711'02" E 40'30'59 014 1179.05' 19,98' 9.99' 19.98' N 78'51'24' E N 46'14`51 E 0058'15'. 11'39'14'b 015 1179.05' 239.82' 120.32'239,40' 016 100.00' 77.87' 41.03' 75.91' 223.42' N 62'43'38 E N 45°4• 3'19` E 44°36'49" 10`36'09 017 1209.05' 223.74' 112.19' 018 70.00' 54.51' 28.72' 53.14' N 62'43'38" E 4.4'36'49 1&8'(35'49' 14'59'40" 2023'44'' 1'4'35'52 C19 80.00' 234.71' 767.40' 159-14' 31.31' 28.33' 50.82' N 00'53'087-1. N 7$'3.3`56'" W N 57'.52'14` W N 62`0'43' E 020 120.00' 31.4Q' 15.79' 021 80.00' 28.48' 14.39' 022 200.00' 50.96' 25.62' 03 135.00' 167.08' 96.13' 156.62'' N .34'i4'2�11-E 70'54'35' 024 105.00' 129.95' 74.77' 121.81' N 34'16'21"' E 70'54'35" 09-49'10 '` 03'22'58" - 025 230.06' 39.42' 19.76' 39.;37' N 64"49`03"" E N 56"49'16" E C26 230.00' 13,58' 6.79' 13:58' 32.10' C27 44.99' 32.83' 17.18' N 76'01'55" E 41.48'17" 028 2,25.00' 96.46' 48.98' 95.73' N 22'35'18" W 24'33'51" C29 175.00' 126.97' 66.43' 124,21' N 55'39'23" W 41'34'19' ` 030 175.00' 105.07' 54.17' 103.50' N 86'21'29" E 6 34'23'57" t Legend and Notes: i indicates found monument as described. indicates set monument rear and cap L.S.11.x7 10. Survey Orientation based on found monuments e shown. n Deer Subdil2 54'.'-i.$i44++:-'0A4.. 1' 4x440?::' 4+31h0 s..: o; ; 4A. 1 inch .. 1000 Final Pia Rpm: by: a�szr�,�u�z• .�.. Cittk RECORDED AT 4210 O'CLOCKP .M. DEC 7 1992 REC # 441909 MILDRED ALSDORF, COUNTY CLERK DECLARATION OF PROTECTIVE COVENANTS FOR WOODEN DEER SUBDIVISION BnOK 849 PICC 'i THIS DECLARATION OF PROTECTIVE COVENANTS FOR WOODEN DEER • S BDIVISIIO�N�is made and entered into this 744 day of , 1992. INDEX: Page ARTICLE I PURPOSE OF COVENANTS 3 ARTICLE II OWNERS - HOMEOWNERS ASSOCIATION Membership 3 Purpose 3 ARTICLE III USE RESTRICTIONS Permitted Uses 4 Guest Houses/Accessory Uses 4 Duplexes/Multi-Family Structures 4 Outbuildings 4 ARTICLE IV ARCHITECTURAL COMMITTEE Architectural Committee 5 Approval by Architectural Committee 5 Improvements - Site Location 6 Building Permit 6 Variances 6 General Requirements 7 Soils and Foundation Report and Grading and Drainage Plan 7 Materials and Landscaping 7 Site Location 8 Fencing 8 Wildfire 8 Water Meter 8 Lighting 9 Preliminary Approvals 9 Architectural and Site Development Plans 9 Architectural Committee Not Liable 9 Written Records 10 Authority to Promulgate Rules and Regulations 10 ARTICLE V RESTRICTIONS AND PROTECTIVE COVENANTS No Further Subdivision 10 Domestic Animals 10 Underground Utility Lines 11 Service Yards and Trash 11 No Mining, Drilling, or Quarrying 11 Trees 12 Shiny Materials 12 Hunting 12 1 0 BOOK 849 ME '79 ARTICLE VI WATER SUPPLY AND WATER RESTRICTIONS Water Rights 12 Augmentation Plan 12 Water Usage 12 Water Meter 13 Water Usage Fee Scale 13 Instantaneous Diversions 15 Water Pressure 15 Third Party Beneficiaries 15 ARTICLE VII RESTRICTION ON LOTS Number and Location of Buildings 15 Completion of Construction 15 Used or Temporary Structures 16 Enclosure of Unsightly Facilities and Equipment 16 Noxious or Offensive Activity or Sound 16 Fireplaces 16 Firearms 16 Commercial Activities 17 General Restriction 17 ARTICLE VIII COLLECTION OF ASSESSMENTS - ENFORCEMENT Assessments 17 Lien for Nonpayment of Assessments 17 Enforcement Actions 19 Limitations on Actions 19 ARTICLE IX EASEMENTS AND OPEN SPACE Easements Shown on Final Plat 19 Well Easements 19 Easements for Access and Repairs 20 No Access To or From County Road 104 20 Emergency Fire Easement 20 Open Space Areas 20 ARTICLE X COMMON PROPERTY Mail and Trash Area 21 ARTICLE XI INSURANCE Types of Insurance 21 ARTICLE XII GENERAL PROVISIONS Covenants to Run Termination of Covenants Amendment of Covenants Severability Paragraph Headings and Underlining Limited Liability 2 21 22 22 22 22 22 BOOK 8419 PAGE 80 ARTICLE I PURPOSE OF COVENANTS These Covenants shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as Wooden Deer Subdivision as defined and described in the Final Plat (hereinafter "Final Plat") therefor recorded as Reception No. .�/./j2eg in the Office of the Clerk and Recorder of Garfield County, Colorado. It is the intention of Carbondale Land Development Corporation, a Colorado corporation (hereinafter the "Declarant"), expressed by its execution of this instrument that the lands within Wooden Deer Subdivision be developed and maintained as a highly desirable scenic residential area. It is the purpose of these Covenants to preserve the present natural beauty and character of the property along with the views and setting of the Subdivision to the greatest extent reasonably possible, and the lots therein shall always be protected as much as possible with respect to uses, structures, landscaping, and general development as permitted by this instrument. These Covenants shall be a burden upon and run with all of the lands within the Wooden Deer Subdivision. ARTICLE II OWNERS - HOMEOWNERS ASSOCIATION 1. Membership. All persons or other entities (hereinafter referred to as "Owners") who own or acquire the title in fee to any of the lots in Wooden Deer Subdivision by whatever means acquired shall automatically become members of Wooden Deer Homeowners Association (hereinafter the "Association"), a Colorado non-profit corporation, in accordance with the Articles of Incorporation of Wooden Deer Homeowners Association, which shall be filed with the Colorado Secretary of State and recorded in the real estate records of the Garfield County, Colorado, Clerk and Recorder, and as the same may be duly amended from time to time and also filed with the Colorado Secretary of State and recorded with the Garfield County Clerk and Recorder. There shall be one (1) vote per lot in the Association. 2. Purpose. The Association shall be authorized and empowered to take each and every step necessary or convenient to the implementation and enforcement of these Covenants. The Association shall have the right and responsibility to maintain, preserve, repair, insure, and otherwise protect and promote.the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, and keep all roads and easements in good, safe, and usable condition to the extent that such may be reasonably necessary and desirable. The Association shall own, operate, maintain, repair, and replace the potable water system serving the Subdivision. The Association shall be authorized to enter into agreements with third parties for the maintenance, repair, and 3 BOOK 849 PGE Si upkeep of roads accesses, and the water system. All costs and expenses associated with preserving, maintaining,. repairing, protecting, insuring, and otherwise dealing with roads, easements, water system, and Association property and interests shall be borne by the Owners and shall be assessed, all as more fully provided herein. ARTICLE III USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant thereto, shall be constructed on any lot in the Subdivision. The minimum size of a residential, single-family dwelling shall be one thousand eight hundred (1,800) square feet, exclusive of open porches, decks, carports, and garages. The maximum size of any residential, single-family dwelling shall be seven thousand (7,000) square feet, exclusive of open porches, decks, carports, and garages. 2. Guest Houses/Accessory Uses. An attached accessory use shall be permitted to be constructed along with each single-family residence subject to Garfield County Regulations and Architectural Control Committee review. In the event such a use is approved, the accessory use shall not exceed seven hundred fifty (750) square feet in size, exclusive of open porches, decks, carports, and garages. The square footage of the guest house unit shall not be included in the minimum or maximum amounts of square footage for residences as provided in Paragraph III(1), above. If approved, accessory uses shall be used only in association with the principal residential use of each lot and may under no circumstances be rented either short or long term. 3. Duplexes/Multi-Family Structures. Duplexes and multi- family structures are prohibited in the Subdivision. An approved guest house attached to a residential structure shall not be deemed a duplex. 4. Outbuildings. Greenhouses shall be permitted within the Subdivision provided that they do not exceed five hundred (500) square feet. Auxiliary buildings such as tool sheds, work areas, detached garages, and the like shall be permitted so long as any individual outbuilding does not exceed one thousand (1,000) square feet. No green house or auxiliary building shall exceed twelve (12) feet in height. When necessary to mitigate or screen unsightly property, variances, approved pursuant to Article IV(5), applying to size and the height of the outbuilding may be granted by the Architectural Committee. No greenhouse or auxiliary building shall be used for any commercial purpose nor shall they contain living facilities or kitchens. 4 n BOOS 849 PGE 82 ARTICLE IV ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Committee (AC) shall be composed of between three (3) and five (5) natural persons. Prior to Declarant's sale of twenty two lots (22) in the Subdivision, Declarant may appoint the members of the Architectural Committee which may include officers, directors, or shareholders of Declarant, in Declarant's sole discretion, and the Board of Directors of the Homeowners Association shall have no authority to remove any member so appointed. Upon the sale of the 22nd lot in the Subdivision, the members of the Architectural Committee shall be appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all times be at least three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Owners. The Architectural Committee shall have and exercise all the powers, duties, and responsibilities set out in this instrument. 2. Approval by Architectural Committee. No improvements of any kind, including but not limited to dwelling units, garages, accessory buildings, swimming pools, tennis courts, ponds, parking areas, fences, walls, driveways, antennae, satellite dishes, curbs, and walks shall be constructed, erected, altered, or permitted to remain within the Wooden Deer Subdivision, nor shall any excavating, tree cutting, and clearing or landscaping be done within the Wooden Deer Subdivision, unless the complete architectural plans and specifications and a site plan showing the location and orientation thereof for such erection or alteration and landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by these Covenants or required to do by any subdivision improvements agreement between the Declarant and Garfield County. Revegetation of all infills and cuts will be required. Plans addressing the revegetation of infills and cuts will be submitted to the Architectural Committee prior to any excavation. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a complete list of all exterior materials and colors to be used. All copies of the complete plans and specifications shall be signed and dated for identification by the Owner or his architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, specifications, reports, and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify the information, 5 F0?( 819 PGE S3 reports, plans, specifications, and the like recuired to be submitted to the Architectural Committee. In the event the Architectural Committee fails to take any action within forty-five (45) days after three (3) copies of the complete architectural and site development plans, specifications, materials, and colors have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove the architectural plans. The majority vote of the members of the Architectural Committee shall be required for approval of plans. In the event the Architectural Committee shall disapprove any architectural plans, the person or entity submitting such architectural plans may appeal the matter to the next annual or special meeting of the members of Wooden Deer Homeowners Association where a vote of sixty-five percent (65%) of the members' votes entitled to be cast at said members' meetings shall be required to change the decision of the Architectural Committee. 3. Improvements - Site Location. No structures or improvements, other than fences, shall be constructed within those shaded areas which contain 40 percent or greater slopes shown on the map attached hereto as Exhibit A and incorporated herein by this reference, which areas shall remain as open space. Pre -approved points for building sites for the primary dwelling structures for each lot are identified on the Final Plat and monumented on the property. Site review by the Architectural Committee for the primary dwelling structure is not necessary so long as the structure, excluding open porches, decks, carports, and garages, is over the identified point at some location, subject to County setback requirements. Site locations for the primary dwelling structures which are not over the pre -approved point must be reviewed by the Architectural Committee. Site review for all other structures and improvements must be undertaken by the Architectural Committee. Site locations are subject to Article IV Paragraph 6(a) herein and subject to the recommendations contained in the letter of Jim Soule, State Geologist's Office dated March 4, 1992, a copy of which is attached hereto as Exhibit B and incorporated herein by reference. 4. Building Permit. An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, the plans approved by the Building Department shall not differ in any substantial way from the plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. 5. variances. The Architectural Committee may, by an affirmative vote of a majority of the members of the Architectural Committee, allow reasonable variances as to any of the covenants 6 BOOK 849 PSE 84 and restriction governing architectural control contained in this instrument and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provisions of these Covenants required by an approvals obtained by Declarant from Garfield County for Wooden Deer Subdivision or which violate the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all lot Owners within the Subdivision. Notice to such lot Owners shall be deemed complete when placed in the United States mail, first-class postage prepaid, to the last known address for each lot Owner as provided to the Association. 6. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping, and alterations within Wooden Deer Subdivision harmonize to the greatest extent possible with the surroundings and with other structures as to design, materials, color, siting, height, grade, finished ground elevation of neighboring lots and other design features. The Architectural Committee shall protect the seclusion and view of each lot insofar as possible (taking into account final buildout of all lots in the Subdivision) in the development of Wooden Deer Subdivision pursuant to these Covenants and shall endeavor to protect and preserve the visual character of the property and preserve and maintain the trees in Wooden Deer Subdivision. a. Soils and Foundation Report and Grading and Drainage Plan. Prior to the issuance of a building permit by Garfield County, a lot Owner shall cause to be prepared and submit to Garfield County and the Architectural Committee a soils and foundation report, an independent sewage disposal system design, and a grading and drainage plan prepared by a professional engineer. All improvements and structures shall be constructed in accordance with the recommendations and conditions of such report and plan which are included by Garfield County as conditions of the building permit or are made requirements or conditions of the approval of the Architectural Committee. b. Materials and Landscaping. In its review of any proposed development activity, the Architectural Committee shall evaluate, among other things, the materials to be used on the outside of buildings or structures, including exterior colors, location with respect to topography and finished grade elevations, and harmony of landscaping with the natural setting and native trees and other vegetation within Wooden Deer Subdivision. It shall encourage "xeriscape" landscaping which emphasizes the use of indigenous foliage. 7 BOOK 849 P!.GE 85 c. Site Location. The Architectural Committee shall exercise its judgment to preserve to the greatest extent possible the natural characteristics of each lot and all natural vegetation, including trees and bushes and the natural setting of each building site. The Architectural Committee must approve the location of all structures and improvements to be located on each lot (except as provided above in Paragraph 3 Article IV). d. Fencing. The Architectural Committee must approve all fencing prior to installation. Barbed wire and chain link fencing shall be prohibited. Only wooden fencing shall be permitted within the Subdivision, with limited exceptions pertaining specifically to gardens, kennels, or other elements where a wooden fence would not serve the purpose desired be it to keep animals in an enclosed area or to keep wildlife out of an enclosed area. The type and location of all fencing must be approved by the Architectural Committee. One basis for consideration by the Architectural Committee of fencing will be how it affects wildlife. Wood fencing shall not exceed forty- two (42) inches in height, shall not have more than two horizontal poles and the bottom pole shall be at least twenty-four (24) inches off the ground. e. Wildfire. The Wooden Deer Architectural Committee shall follow the recommendations of the Colorado State Forester wildfire prevention guidelines, specified by the pamphlet "Wildfire Protection in the Wildland Urban Interface" prepared by the Colorado State Forest Service (CSFS #143- 691) attached hereto as Exhibit C, wherever practical, in granting approvals for construction of residences and other structures submitted to it for approval. The Architectural Committee shall incorporate the guidelines set forth in that pamphlet into the plans approved for lots in the Subdivision to protect the Subdivision, and all of the buildings constructed therein, from the danger of wildfire. The Architectural Committee will consider the guidelines in the most current wildfire publication by the Colorado State Forest Service. No shake or "treated" shake roofs will be allowed in the subdivision. Metal roofs or other fire resistent roofs will be required. Siding of all structures shall be either, 1) constructed of fire retardant materials, or materials "treated" to be fire retardant, or 2) have an internal sprinkler system for fire protection. f. Water Meter. As provided in Article VI, the Homeowners Association will provide domestic water from its well system to all residences constructed within the Subdivision. Each Owner shall be responsible for providing a water metering system acceptable to the 8 BOOK 849 P.GE 86 Homeowners Association and the Architectural Committee for the purpose of metering water usage. Such meter must be placed in a location which provides reasonable access, on the outside of the residence, for purposes of reading the meter to determine charges based upon usage. g Lighting. The Architectural Committee shall consider exterior lighting plans and will recommend that all exterior lighting (with possible exceptions for lighting necessary for safety) be directed towards the applicants property. It will also recommend that all lot owners make every effort possible to limit the use of exterior lighting at night. It shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owner's property. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. 7. Preliminary Approvals. Lot Owners who anticipate constructing improvements on lands within Wooden Deer Subdivision may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to allow the Architectural Committee to act intelligently on giving an informed preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development plans, specifications, materials, and colors are submitted and approved or disapproved. The preliminary approval is offered as an accommodation only, and the Architectural Committee may set fees for this service. 8. Architectural and Site Development Plans. The Architectural Committee shall disapprove any architectural and site development plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these Covenants. 9. Architectural Committee Not Liable. The Architectural Committee shall not be liable for damages to any person or entity submitting any plans for approval, or to any Owner or Owners of land within Wooden Deer Subdivision, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such plans. The Architectural Committee shall have no liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by these Covenants and any rules or regulations duly adopted by the 9 3U0K 849 ME 87 Architectural Committee pursuant to these Covenants. 10. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set of the finally approved architectural and site development plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this instrument. 11. Authority to Promulgate Rules and Regulations. The Architectural Committee may promulgate and adopt rules and regulations necessary to implement these Covenants. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, modifications to buildings, and the like. ARTICLE V RESTRICTIONS AND PROTECTIVE COVENANTS 1. No Further Subdivision. No lot described on the recorded Final Plat of Wooden Deer Subdivision shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat of Wooden Deer Subdivision; provided, however, conveyances or dedications of easements for utilities if approved by the Architectural Committee may be made for less than all of one (1) lot. Notwithstanding the foregoing, a lot line adjustment between two (2) lots in Wooden Deer Subdivision shall be deemed a permitted subdivision, subject, however, to any reviews or disapprovals that may be required by the Garfield County Land Use Code and to the prior approval of the Architectural Committee. 2. Domestic Animals. Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board of Directors. No farm or ranch animals shall be permitted to be boarded within the subdivision. A lot Owner shall be entitled to keep a maximum of one (1) mature dog on his property. A mature dog shall be considered to be any dog older than 4 months old. The neutering of dogs is strongly encouraged. Dogs shall be kept under the control of the owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the lot owned by the persons where the dog is housed unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, "electric fenced", kenneled, or housed at all times. Metal fencing will be allowed for the purposes of kenneling a dog. Location of kennels shall be subject to review of the Architectural Committee. 10 BOOK 849 PKGE SS The Homeowners Association shall have the right to assess and enforce penalties against Owners violating these restrictions applying to dogs as follows: One Hundred Dollars ($100.00) for the first violation committed by an Owner's dog and One Hundred Dollars ($100.00) plus an additional Fifty Dollars ($50.00) for each subsequent violation such that the fine increases in Fifty Dollar ($50.00) increments for each succeeding violation. Should any dog be caught chasing or molesting deer, elk, poultry, or any domestic animals, the Homeowners Association shall be authorized to prohibit the property Owner from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other Owners' domestic animals. Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects, and waste at all times. No commercial animal breeding activities of any kind shall be permitted within the subdivision. Notwithstanding the foregoing, no animal(s) may be kept within a lot or the residences which, in the good -faith judgment of the Board of Directors result(s) in any annoyance or are obnoxious to residents in the vicinity or to lot Owners within the Subdivision. Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board of Directors. No farm or ranch animals shall be permitted to be boarded within the subdivision. 3. Underground Utility Lines. With respect to the new construction or extension of any utilities, all water, sewer, gas, electrical, telephone, cable television, and other utility pipes or lines within the limits of Wooden Deer Subdivision shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in Wooden Deer Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner or Owners causing the installation of the utilities no later than the next growing season following installation. 4. Service Yards and Trash. Equipment, service yards, or storage piles on any lots may be permitted during construction if they receive Architectural Committee review approval. All rubbish and trash shall be removed from all lots in Wooden Deer Subdivision and shall not be allowed to accumulate and shall not be burned thereon. 5. No Mining, Drilling, or Quarrying. Mining, quarrying, tunneling, excavating, or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock, and earth, shall not be permitted within the limits of Wooden Deer Subdivision. Individual wells shall not be permitted on any lot, and no Owner shall be permitted to drill for water on his lot, unless prior approval shall have been obtained from the Architectural Committee. 11 BOCK 849 °!SE 89 6. Trees. No Owner shall remove any healthy, living trees without first having obtained the approval of the Architectural Committee. All construction, landscaping, and development on any lot shall seek to minimize the removal of trees and to preserve the natural trees and vegetation to the greatest extent possible while bearing in mind wildfire considerations. 7. Shiny Materials. No building or improvements shall contain exterior roofs or siding materials which are reflective or shiny. 8. Hunting. Hunting shall be prohibited within the Subdivision. With the approval of the Homeowners Association, a lot Owner may, consistent with the requirements of law, destroy or remove wildlife which constitutes a nuisance. ARTICLE VI WATER SUPPLY AND WATER RESTRICTIONS 1. Water Rights. The water rights decreed for the Wooden Deer Subdivision are as set forth in the plan for augmentation in Case No. 91CW189 (Water Division No. 5, State of Colorado), approved , 1992 ("Augmentation Plan"). 2. Augmentation Plan. The Augmentation Plan calls for a total potential annual demand of 15.434 acre-feet for all 22 lots. No Lot Owner will be allowed to exceed a 22nd share of this amount of water on an average daily basis as determined by quarterly data. No Lot Owner will be allowed to exceed 2,000 square feet of lawn and garden irrigation. No livestock or horses shall be maintained within the subdivision. 3. Water Usage. Each Lot Owner will be required to limit water usage on an average daily basis (as determined by quarterly data) based on the monthly allowances in the Augmentation Plan, as shown below. This limitation will apply to the subdivision on the whole, to be monitored by a meter(s) as the pumping location(s), as well as meters at each individual lot. 12 [300K 849 POE 90 WOODEN DEER - AUGMENTATION PLAN BREAKDOWN Month Maximum Total Subdivision Gallons per Month Maximum Gallons Per Lot Per Quarter January 1.099 a.f. = 358,164 47,270 February 0.993 a.f. = 323,619 March 1.099 a.f. = 358,164 April 1.134 a.f. = 369,570 64,247 May 1.537 a.f. = 500,908 June 1.666 a.f. = 542,949 July 1.669 a.f. = 543,927 66,854 August 1.467 a.f. = 478,095 September 1.377 a.f. = 448,764 October 1.195 a.f. = 389,450 49,729 November 1.063 a.f. = 346,431 December 1.099 a.f. = 358,164 NOTE: 1 acre-foot equals 325,900 gallons. 4. Water Meter. The Homeowners Association will provide domestic water from its well system to all residences constructed within the subdivision. Each Owner shall be responsible for providing a water metering system acceptable to the Homeowners Association and the Architectural Committee for the purpose of metering water usage on the Owner's Lot. Such meter must be placed in a location which provides reasonable access to the Association, on the outside of the residence, for purposes of reading the meter to determine charges based upon usage. The Association, or its duly -appointed agent, shall have a right to enter upon each lot during reasonable times for the purpose of reading the meter. The Association shall also monitor and record meter readings from the Association wells on approximately a monthly basis. 5. Water Usage Fee Scale. Each Owner will be subject to a three -tiered escalating fee schedule (progressive schedule) based on per gallon usage per lot per quarter. Billing and payments will be made quarterly. Payments of water bills shall be due within thirty (30) days of mailing and if not timely paid shall bear interest and be collected in the manner provided in Article VIII. The following schedule shall represent the minimum fee schedule. The Association may increase the price per gallon, but may not decrease the price per gallon or modify the per quarter gallon 13 BOOK 849 PAGE 91 ranges shown below. *All gallons of water usage per quarter shall be charged at the highest rate applicable. a. A minimum charge of fifteen dollars ($15.00) per quarter per Lot shall apply to all lots that have received either a temporary or permanent Certificate of Occupancy for homes constructed on that Lot. Lots shall not be subject to water usage fees prior to the issuance of a temporary or final Certificate of Occupancy. b. Should any lot owner exceed their quarterly allowance as set forth in Paragraph 3 above, the Association will charge that owner two times the price per gallon in which they fall in the above schedule for all gallons used in that quarter, or the then applicable fee schedule, whichever is higher. Should a Lot Owner exceed 66,854 gallons in one quarter, the Association will charge that owner two times the maximum price per gallon and increase monitoring to prevent further water use violations. The foregoing penalties shall not be decreased by the Association. For this purpose, increased monitoring shall mean that the Association shall read the meter of such Lot Owner on a monthly basis during the next succeeding quarter and such Lot Owner's water use shall be limited to a 22nd share of total subdivision gallons (as set forth in Paragraph 3, above) for that month. In the event such Lot Owner exceeds his permitted water use for the succeeding quarter, the Association, in addition to the water rate penalties set forth above, shall be entitled to obtain specific performance of these covenants and shall be entitled to reasonable attorneys' fees and costs for this purpose. 14 WOODEN DEER - FEE SCALE FOR WATER USAGE Ranges - Gallons per Quarter Gallons Used per Quarter Price per Gallon* Billing Ranges per Quarter Tier 1: 0-35,000 Minimum Maximum 0 35,000 $.0007 .0007 $15.00 24.50 Tier 2: 35,001-50,000 Minimum Maximum 35,001 50,000 $.0009 .0009 $31.50 45.00 Tier 3: 50,001-66,854 Minimum Maximum 50,001 66,854 $.0011 .0011 $55.00 73.54 *All gallons of water usage per quarter shall be charged at the highest rate applicable. a. A minimum charge of fifteen dollars ($15.00) per quarter per Lot shall apply to all lots that have received either a temporary or permanent Certificate of Occupancy for homes constructed on that Lot. Lots shall not be subject to water usage fees prior to the issuance of a temporary or final Certificate of Occupancy. b. Should any lot owner exceed their quarterly allowance as set forth in Paragraph 3 above, the Association will charge that owner two times the price per gallon in which they fall in the above schedule for all gallons used in that quarter, or the then applicable fee schedule, whichever is higher. Should a Lot Owner exceed 66,854 gallons in one quarter, the Association will charge that owner two times the maximum price per gallon and increase monitoring to prevent further water use violations. The foregoing penalties shall not be decreased by the Association. For this purpose, increased monitoring shall mean that the Association shall read the meter of such Lot Owner on a monthly basis during the next succeeding quarter and such Lot Owner's water use shall be limited to a 22nd share of total subdivision gallons (as set forth in Paragraph 3, above) for that month. In the event such Lot Owner exceeds his permitted water use for the succeeding quarter, the Association, in addition to the water rate penalties set forth above, shall be entitled to obtain specific performance of these covenants and shall be entitled to reasonable attorneys' fees and costs for this purpose. 14 BOOK 849 PGE 92 c. In the event a Lot Owner can establish to the satisfaction of the Association that his water usage in a given quarter exceeded his quarterly allotment due to a water line break or other circumstance beyond his control, which break or circumstance was remedied in a timely manner, the Association may waive the penalties set forth in Paragraph 5(b). 6. Instantaneous Diversions. The Subdivision will limit instantaneous diversion to no more than 100 gallons per minute ("g.p.m.") at any one time. The exception to this rule is in the event of an emergency fire situation when no diversion limit would apply. 7. Water Pressure. Lot Owners are hereby advised that some lots within the Wooden Deer Subdivision may require individual pumps at the expense of the Lot Owner to ensure that adequate water pressure is obtained from the Association's potable water system is maintained. 8. Third Party Beneficiaries. Pursuant to agreements made and entered into between the Declarant and John G. Powers, William N. Johnson, and the Clifford Cerise Ranch Co., which agreements are contained and more fully set forth in the Court file in Case No. 91CW189 (District Court, Water Division No. 5), the Declarant has agreed to make and hereby does make John G. Powers, William N. Johnson and the Clifford Cerise Ranch Co., third party beneficiaries (hereinafter "Beneficiaries") of the covenant terms and conditions set forth in this Article VI and entitled to enforce them, including reasonable attorneys' fees and costs in the event of litigation to enforce such terms and conditions if the Beneficiary is the prevailing party. The Association shall provide the Beneficiaries with copies of the quarterly meter readings and monthly well readings by mailing them to the Beneficiaries as provided for in the agreement referred to above. In the event a Beneficiary believes that the Subdivision is exceeding the allowable usage as called for by the Augmentation Plan and as provided for herein, a Beneficiary, or his agent, may monitor water use to insure that the subdivision is not exceeding the usage contemplated by the Augmentation Plan as shown above in the "Wooden Deer - Augmentation Plan Breakdown" and as provided for herein. The Beneficiaries shall have access, with the Association's agent, at reasonable times to the well meters, home meters, and meter records for this purpose. ARTICLE VII RESTRICTIONS ON LOTS 1. Number and Location of Buildings. No buildings or uses shall be placed, erected, altered, or permitted to remain on any lots except as approved by the Architectural Committee. 2. Completion of Construction. Any construction activity on any lot in Wooden Deer Subdivision shall be completed, fully cleaned up, and landscaped within eighteen (18) months from the 15 BOOK 849 PAGE 93 issuance of a building permit, unless the lot Owner shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Association may assess penalties in any amount it deems appropriate. 3. Used or Temporary Structures. No used or previously erected or temporary house, structure, mobile home, or trailer shall be permitted in the Subdivision nor may a variance from this provision be granted. This prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction or until the issuance of a certificate of occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office, and storage purposes and shall not be occupied as a residence for any period of time. 4. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment, and other items, including but not limited to those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or garden equipment, and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any refuse or trash containers, utility meters, propane tanks, fuel storage tanks, or other facilities, service area, or storage pile shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets, and private roads. No lumber, metals, bulk materials, scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any lot except building materials during the course of construction and only for such reasonable periods of time as are necessary prior to the collection of or disposal thereof. 5. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sands shall be carried on upon any portion of Wooden Deer Subdivision at any time nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereof by sight or sound. 6. Fireplaces. No more than one (1) open woodburning fireplace and no more than one (1) Colorado Certified woodburning stove may be allowed per lot. Fire place uses may not be transferred from one lot to the next. Gas -burning fireplaces shall be encouraged and allowed within the subdivision. 7. Firearms. The discharge or shooting of firearms is prohibited in Wooden Deer Subdivision except as may be permitted by rules and regulations promulgated by the Board of Directors of the 16 BOOK 849 PAGE 94 Association. 8. Commercial Activities. No commercial activities shall be permitted on any lot in the Subdivision. The storage of materials, goods, equipment, and other items used or associated with commercial activities shall not be permitted on any lot in the Subdivision; provided, however, personal vehicles with a business name placed thereon shall not be prohibited. Owners shall be permitted to maintain an office within their residences so long as it does not provide services to the public which result in the public coming to such residence on a regular basis. 9. General Restriction. All lots in the Subdivision shall comply with restrictions contained in any other section of these Protective Covenants. ARTICLE VIII COLLECTION OF ASSESSMENTS - ENFORCEMENT 1. Assessments. All lot Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors of the Association. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: the provision of water to the lots which shall be metered; expenses and costs of maintaining, repairing, and plowing of roads within and accessing the Subdivision; expenses for maintaining, improving, and preserving the Association's common property; expenses of the Architectural Committee; and insurance, accounting, and legal functions of the Association. The Board of Directors may establish contingency and reserve funds for the maintenance and improvement of the Association's common property and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purpose. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his prorata portion of these funds. As used herein, an Owner's prorata portion of common expenses shall mean a fraction formed by the number of lots purchased and held by the lot Owner (numerator) and the number of lots in the Subdivision (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with these Covenants, or the Articles or By -Laws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the Owners obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. 2. Lien for Nonpayment of Assessments. All sums assessed by the Board of Directors, including without limitation the share of common expense assessments chargeable to any lot Owner, any fines which may be levied on a lot Owner, and unpaid utility fees and 17 BOOK 849 PCE 95 assessments charged to a lot Owner shall constitute a lien against such lot superior (prior) to all other liens and encumbrances, excepting only: a. Tax and special assessment liens on the lots in favor of any governmental assessing unit; and b. All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. c. Each Owner hereby agrees that the Association's lien on a lot for assessments has hereinabove described shall be superior to the Homestead Exemption provided by C.R.S. §38-41-201 et seq., and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any lot within Wooden Deer Subdivision shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. d. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the lot, and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the lot at foreclosure sale and acquire and hold, lease, mortgage, and convey same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally 18 BOOK 849 PAGE 96 to collect any monies owed the Association. 3. Enforcement Actions. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of these Covenants by injunctive relief, on behalf of itself and all or part of the Owners of the lands within Wooden Deer Subdivision. In addition, each Owner of land within Wooden Deer Subdivision, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Directors but not to exceed 1.5 percent per month. After thirty (30) days, written notice to any Owner of a violation of these Covenants, and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of $50.00 per day for every day the violation exists or continues after the expiration of said thirty (30) day period. 4. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in Wooden Deer Subdivision in violation of these Covenants and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one (1) year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. ARTICLE IX EASEMENTS AND OPEN SPACE 1. Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. Except by agreement with a property Owner, the Association shall have no obligation to pay any amount for the use and enjoyment of such easement. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 2. Well Easements. The Association is entitled to certain water rights for the construction of wells within the Subdivision as is reflected in Case No. , which was adjudicated on , in the District Court in and for Water Division NO. 5. The Association is granted easements for the construction, operation, maintenance, repair, and replacement of such wells, waterlines, water storage tanks, and other facilities as shown on 19 BOOK 849 ME 9`7 the Final Plat and for the construction and location of well houses, water lines, and other equipment and improvements necessary to utilize such water rights. 3. Easements for Access and Repairs. The Association shall be entitled to an easement across any of the lots within the Subdivision for the purposes of accessing any of the Association's property, protecting any Association property, or for necessary repairs or emergency circumstances. The Association may access all lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of these Covenants. 4. No Access To or From County Road 104. After completion of the construction of Wooden Deer Road all but emergency access shall be prohibited to and from County Road 104. Before the access roadway from the Subdivision to County Road 103 has been completed, general traffic may be allowed on the existing, temporary roadway at the Declarant's discretion; provided, however, in no event shall such use of the existing temporary roadway continue after eighteen (18) months following approval by the Board of County Commissioners of Garfield County of the Final Plat for the Wooden Deer Subdivision. 5. Emergency Fire Easement. The Association has the right to an emergency -only fire easement through the property north of Wooden Deer and south of 103 Road as described in the Easements Deeds and Agreement more fully set forth in Book at Page as Reception No. of the Garfield County Records, Colorado. The Wooden Deer Subdivision and all lots therein shall be bound by the terms and conditions of said Agreement. Said fire access easement is expressly limited to emergency -only fire situations. No other traffic of any kind, including but not limited to horseback, pedestrian, or vehicular will be allowed along this easement. Access through the Martin property upon which said easement is located (hereinafter the "Martin Property") will only be allowed in the event that such access will improve the prospects of successfully fighting a fire. The Association shall be bound by and obligated to comply with, at the Association's sole expense, all terms and conditions of the Easements Deeds and Agreement. 6. Open Space Areas. Lots 3, 4 and 5 will not be permitted to disturb in any way the open field, north of the Wooden Deer Road and north of the east west tending portion of the emergency access easement. This field is to remain open, natural and undisturbed; provided, however, with approval of the Architectural Committee, said lot Owner shall have the right to build or plant a visual screen on or near the northern boundary of the property if it deems it necessary to screen the effects of development of property not under the Homeowners control. The owners of these lots must confine the location of the primary dwelling structure to the wooded 20 r aoox 849 PGE 98 portions of their lots south of the above mentioned section of roads. Improvements in the less treed areas south of the roads shall be limited to driveways and minor structures approved by the Architectural Committee. ARTICLE X COMMON PROPERTY 1. Mail and Trash Area. Room for a trash facility has been reserved in the "Mail and Trash Area" provided on the Final Plat should the home owners elect to pursue trash service. Should the Homeowner's Association elect to construct a trash facility, said facility shall be entirely enclosed, including a roof and doors with adequate latches to prevent wildlife from gaining access to the facility, in an all wooden structure built to embody the quality of the Wooden Deer Subdivision. The structure shall be stained, or painted, a color harmonious with the natural surroundings and hidden from view as much as is reasonably possible. ARTICLE XI INSURANCE 1. Types of Insurance. The Association shall obtain and keep in full force and effect the following insurance coverage: a. The Board of Directors, at its discretion, may elect to secure fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. b. Coverage for members of the Board and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, and errors and omissions, and other forms of liability generally covered in officers and directors liability policies. c. Coverage against such other risks of a similar or dissimilar nature as the Board deems appropriate. ARTICLE XII GENERAL PROVISIONS 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the lands in Wooden Deer Subdivision, and the benefits thereof shall inure to the Owners of the lands in Wooden Deer Subdivision and the benefits, and burdens of all said covenants shall run with the title to all of the lands in Wooden Deer Subdivision. Notwith- 21 Boo'( 849 ?!,GE 99 :standing the provisions of Paragraph XII(2) and (3), the provisions of Article VI shall remain always in effect pursuant to the Stipulations and Agreements on file with the State of Colorado, Water Division No. 5 Water Court in Case No. 91CW189, unless modified with the consent of the parties to said Stipulations and Agreements, or their successors and assigns. 2. Termination of Covenants. In the event these Covenants have not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, these Covenants may be terminated on January 1 of the year 2036 by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association. If these Covenants are not so terminated, then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, the Covenants are terminated by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association at a meeting of the members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. 3. Amendment of Covenants. These Covenants may be amended by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting 4. Severability. Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 5. Paragraph Headings and Underlining. The paragraph headings and underlining within this instrument are for convenience only and shall not be construed to be a specific part of the covenants contained herein. 6. Limited Liability. The Association and the Board shall not be liable to any part for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board against loss resulting from such action or failure to act if the Association and the Board acted or failed to act in good faith and without malice. 22 BOOK 849 P�CE100 IN WITNESS WHEREOF, this Declaration of Protective Covenants for Wooden Deer Subdivision has been executed as of the day and year first above written. ATTEST: d(CI:aary STATE OF COLORADO ) COUNTY OF Gai a /o/ ) ss . Declarant: CARBONDALE LAND DEVELOPMENT CORPORATION,' a Colorado Corporation Acknowledged, subscribed, and sworn to before me this 7 day of 4ece n�ef , 1992, by V 5;e// on behalf of Carbondale Land Development Corporation. WITNESS my hand and official seal. My Commission expires: Gcr4/�,- 2/, /cif.7"-- Notary Public 23 NOISIAIQans 1:1330' A150;00,ll 1 BOCK 849 PAGE i01 0 O • trJ H tax C) H H Cb H H C H tli C) O t+7 z r OY P. ROMER GOVERNOR March 4, 1992 441 �l✓ J��'l�t_ �I�>! "� COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING — 1313 SHERMAN STREET DENVER. COLORADO 80203 PHONE (303) 869-2611 tidR 6 1992 Mr. Andrew McGregor, Planner Garfield County Planning Department 109 Sth Street, Suite 303 Glenwood Springs, Colorado 8101 Re: wooden Deer Preliminary Plan Dear Mr. McGregor: GARFiELD COUNT frN '/1..ROLD OIRECTCR GA -92-0005 _ Post -It'' brand fax transmittal memo 7671 [., of pages ► Top` -C u 1 ' JL. (Frorw'\ rry .t (r--; COl1 ^ ' '. ,i '\ ' `( Co i - k"�L-O. I •`—') . ' (, l Y..L;r..A Dept. 1 Phone n rr Fax q n_ s z,, Fax At your request and in accordance with S.B. 35, 1972, we have reviewed the materials submitted for and made a field inspection on February 25, 1992, of the site of the proposed residential subdivision referenced above. We apologize for the delay in completing this review which was caused by the necessity for field study, winter conditions, and time demands placed by other review commitments. The following comments summarize our findings. (1) The general geology of this site is that bedrock under the subdivision is the Eagle Valley Formation which consists of sandstone, shale, and evaporites (gypsum and anhydrite). This bedrock crops out (is at the surface) on most of the steeply sloping ground cn the Wooden Deer property. On gentler slopes, this 'bedrock is overlain by a thin veneer of loess (wind -deposited silt) and colluvium and, at the south end of the property, partially, by terrace gravel deposited by the ancestral Roaring Fork River. Lag deposits of basalt boulders are found at various places on the site. because of these soil and rock conditions and the situation wherby materials containing gypsum and anhydrite can be highly corrosive to concrete, we recommend that each structure in the subdivision have an individual site-specific soils and foundation investigation. A qualified soils and foundation engineer should design each building foundation and supervise its construction. Steeper areas should be avoided altogether as building sites. (2) The submitted drainage plan, if implemented, should be adequate to minimize erosion problems. All materials on the site, except for gravel and basalt, are highly erodible and all roads and driveways should be constructed with. extreme care with respect to natural and man -:modified drainage. INA Mb EXHIBIT B TO PROTECTIVE COVENANTS-- BooK 849 °MGE103 Mr. Andrew McGregor March 4, 1992 Page 2 (3) We concur with the recommendation that the emphasis should be on maintenance of natural vegetation in the subdivision. It will be especially important to minimize landscaping irrigation near building foundations and concrete flatwork. If the recommendations made above and those 'in the submitted reports are followed and made a condition of approval of this subdivision, then we have no geology -related objection to it. Si .cerely, ,,,,.- Illt Ari"...L____ Or es M. Soule ineering Geologist t r iiit7,!1.71i7,,,177,'777.7777„ :ti n n41 ; I lth 'MN a 114 fl t,, 1!!!!!!!4 t1P1;17.'1' : , _mg Jr BOOK 849 ?M E105 Table of contents Basic home fire safety 1 - 3 Tips for pre -construction fire safety 4 - 5 Common forest fuel class recommendations 6 How slope affects defensible space 7 Water supplies can make a difference 8 Accessibility — can your home be protected? 9 Fire safety check list c 10 Basic home fire safety Severe wildfire hazards may exist around homesites in forested areas. These hazards can be reduced by creating a "defensible space.' around homes, outbuildings, drives, and roadways. ("Defensible space" refers to a minimum 30 foot diameter area around a home on level terrain.) 0A -c 7 CS �- Evaluate areas around your site using the following recommendations, and make any changes necessary to improve fire safety. By implementing these guidelines, you will not only be helping prevent the loss of your home to wildfire, but also providing firefighters with the space they need to operate. Complete this check three or four times a year. and correct hazards as necessary. I. Keep roofs clear of debris. This... defensible space can save your home. Nor this... no defensible space is a disaster waiting to happen. 2. Enclose or screen porches, floors, roofs, and attic openings. 3. Remove tree branches hanging within 15 feet of chimneys. 4. Clear weeds and other debris to a minimum distance of 10 feet from the base of the structure. Use only LIMITED foundation plantings in this 10 foot strip. 5. Do not park motor vehicles in mufflers can start fires. tall dry grass — hot BOOK 849 p!,GE107 6. Develop an outdoor water supply for firefighting (e.g. a small pond, cistern, well, or hydrant.) .Alte 41(tetdil'16 . 1.4„._••• CA; •_,N• *4•Ff*-4:: • .-• • r111/14"." • Tel/ • . '44 • • 7. Stack firewood uphill, or on a contour. and at least 15 feet away from buildings. Remove fine fuels from the vicinity of the firewood. S. Place one or more 10 -pound ABC -class fire extineuisher in the home. A 50 -foot garden hose connected to the hot water heater drain is useful ,n the event of a fire emergency inside the home, 9. Install power and telephone lines underground. If burying the lines is not possible, keep branches clear of them. 10. Thin out continuous brush and trees within 30 feet of homesite (increase this distance if your home is located on a slope). Adequate thinning is reached in this -defensible space- when tree crowns are at least 10 feet distant on all sides. Isolated clumps may be permitted if the 10 foot minimum distance is increased. .\1(71. rhis... Bo.clx 849 t3,rcus Prune dead limbs to a height of 10 feet from those trees remaining within two tree heights of all structures. In this same area. prune live_ branches to 10 feet from at least half the trees. 11. Ideally, trees should be thinned for fire hazard reduction as in the figure below. Thin heavily in the defensible space, moderately in the transition zone. and continue -normal" forest thinning in the surrounding forest. However, if thinning the surrounding forest is not planned, double defensible space area, defensible space transition space "normal" Chinn n a 0 3 DI.JP, Tips for pre -construction fire safety 1. When selecting, a site for a new home. consider level terrain versus hillsides. canyons, and ridges. Fires on these types of slopes are generally hotter and faster spreadirh2:. 414.. 4.4117 re, • r, • t • 2. Avoid flat roofs where leaves, needles, or other flammable debris will accumulate when planning or building structures. Construct roof coverings with noncombustible, Underwriter Laboratory approved materials. 4 3. Materials for exterior wails should have a fire resistance ratingof one to two hours, stucco. brick., rock. metal siding, and concrete block Meet these ratin2s. 4. Locate undereave vents near the roof line rather than near the wall to prevent heat or flames from entering the house through these openings. BOOK 819 P GE 1 1.O 5. Picture windows should be of thick, tempered safety glass protected with fire -resistive shutters which can be closed in the event of a wildfire. Protect all windows and sliding glass doors with nonflammable shutters and provide fire resistant drapes or blinds on the interior, this will help prevent radiated heat from a wildfire from igniting combustibles inside the home. 6. Minimize size and number of windows on the side of the house that would most likely be exposed to a fire, e.g., the downhill side. BOOK 849 PGE1 It Common forest fuel class recommendations The table below contains general descriptions of common fuel types. Your property probably will have a combination of two or more types. Select the type that most closely describes your situation, and follow recommendations for defensible space. They are designed to reduce fire hazards within the defensible space without adversely affecting the property's aesthetic appeal. Ladder fuels are vegetation which may allow a fire to burn from ground level to lower tree branches. They can include grass, brush, small trees, shrubs. and low branches. This type of fuel arrangement is very dangerous in wildfire situations but can be easily corrected by landowners. Modifications include reducing ground fuels, thinning low vegetation, and pruning tree branches to a height of 10 feet from ground level to remove one "step" in the ladder, thus decreasing the probability of flames reaching tree crowns. Fuel Classes Description Expected Fire Behvavior Action Required Brush Continuous dense fuels. 1.5 to 10 feet high; fire control is difficult due to tough, numerous stems which resist cutting; strong root systems make brush difficult to clear or grub out. Medium to high intensity; may throw sparks ahead of fire causing several small ones; fire spread is moderate to extreme: excellent ladder fuel. These areas are difficult to modify, but can be thinned: only small patches of brush allowed in defensible space: no brush should be left within 10 feet of structure: cut during growing season to limit sprouting; (sprouts may require chemical treatment). Trees — Low Density Open conifer stand with less than 35 percent crown cover, areas may contain grass, weeds. brush under 2 feet tall, aspen, cottonwoods, or willow. Low intensity fire: may spread rapidly, but easy to extinguish. If ladder fuels are present. follow instructions for ladder fuels (below); prune limbs up to 10 feet above ground level; eliminate debris from area. Trees — Medium Density Crown cover of 35-55 percent of the ground area: tree crowns usually are not touching; herbage and litter are present with patches of small trees and deadwood. Moderate intensity; flare-ups occurring to many feet above tree tops; sparks may be thrown ahead of main fire: fire spread is variable and may produce considerable heat. Remove ladder fuels; thin clumps of trees so that crowns do not touch: occasional clumps may be retained dependent upon location within defensible space; maintain a mixture of species if possible. Trees — High Density Dense conifer stands of more than 55 percent crown cover, brush understory, or ladder fuels; crowns are usually touching. High intensity: frequent flare-ups higher than tree tops; "crown" fires possible: sparks may be thrown far ahead: these very hot fires can spread rapidly and are difficult to control; if fire is in crown. actual control may be impossible. Remove ladder fuels; thin trees in defensible space so no crowns touch: if home is surrounded by high-density tree stand. no clumps are recommended within defensible space: maintain a mixture of species if possible. In this table. "crown cover" refers to the amount of ground area measured per acre that is covered by tree crowns. as viewed from above. 6 BOOK 819 P. GE11_2 How slope affects defensible space As heat rises, fuels on slopes preheat and ignite quickly, causing wildfires to travel faster upslope. Therefore, enlarge defensible space around homes on slopes - particularly on the downhill side. Defensible space size will not affect fuel modification recommendations; it will only increase the area to be completed for fire protection. Give special attention to ladder fuels on all sloping terrain. Minimum defensible space recommendations: Level Terrain Thinned 30% Slope Compared to level terrain, rate of fire spread increases by two. Thinned 55% Slope Compared to level terrain, rate of fire spread increases by four. The increase in defensible space size is based on increased rate of fire spread at the listed slopes. If you live on slopes other than those listed, use the slope chart to help determine your side and downhill dimensions. However, if the forest surrounding the defensible space has not been thinned, double these sizes. 50 30 20 10 0 1 30 35 -40 45 50 55 60 65 70 80 90 100 Example: If your home is situated on a 20 percent slope, defensible space dimensions would be 40 feet uphill and to the sides of your home, and 47 feet on the downhill side. 7 8 10 849 picE113 Water supplies can makedifference a di Without water, fire suppression is difficult at best. Homeowners should have a ready reserve of water to begin fire suppression as soon as a blaze is detected. Especially in wildland or forest fires, developing water supplies for use by local fire agencies may be the difference between saving a home or watching it burn. vai1ability of an emergency water supply is critical considering the time it may take fire agencies to respond. Some fire districts or protection areas are so large that response time can be 15 minutes or more after the alarm. And, while many rural fire departments carry water on their trucks, more may be needed for complete suppression. As a landowner, consider 1) hydrants, 2) cisterns, 3) ponds, and 4) streams as water supply sources for your property: Some subdivisions are planned with fire hydrants or cisterns strategically placed throughout the development. Water sources should have: • sufficient storage for adequate fire protection, as well as domestic needs; • be situated away from the home: and • be equipped with sufficient hose to reach all pans of the residence. The hose should have an adjustable nozzle for spray or straight stream water application. If water hydrants are not available, an underground storage tank of 1,000 gallons or more is recommended. These cisterns can be separate from or part of domestic water storage and should be installed deep enough not to freeze. Streams or ponds can be very useful as a source of water in an emergency. But. because winter freezing can limit this water's availability, establish methods to obtain water year-round. Access to these areas is also very important and should be planned ahead of time; check with your local fire department to obtain access criteria. Whether emergency water comes from a cistern, pond, or stream, methods for moving the water must be designed. A gasoline -powered water pump should be available as auxiliary power in the event of an electrical outage. Adequate hose and nozzles should also be on hand. Mark your cistern with a sign to notify firefighters of its location. e S43 NrE111 Accessibility — can your home be protected? Properly maintained defensible space and water supplies are useless if fire vehicles cannot reach the strucnire. Primary roadways should provide separate routes of entrance and exit. Emergency situations may require one-way traffic so that residents may leave as fire vehicles arrive. Single ingress/egress impedes safe traffic flow. Determine whether or not fire vehicles can get into the driveway and near your home. If not, local fire agencies should be notified ahead of time, and emergency vehicle parking areas designated. Properly marked road signs will help firefighters conserve precious time. A prominantly displayed homeowner's name and lot number will assist emergency crews to quickly locate the site. If the driveway crosses a bridge, load limit signs should be posted. Be sure to incorporate defensible space thinning along driveways and around out -buildings in addition to that around the residence. Thinned stands reduce jire intensity ,Ileadows and rock outcrops provide escape areas: g,00d access and adequate supplies are provided for fire fighting equipment. 9 BOOK 819 PAGE115—.- Fire safety checklist _. 1. Trees and brush are properly thinned and pruned within the defensible space; slash from the thinning is disposed of. 2. Roof and gutters are clear of debris. 3. Branches overhanging chimney area are removed. 4. Grass and weeds are mowed within 10 feet of structures. 5. Firewood is stacked uphill and/or on a contour at least 15 feet away from the home. 6. Outdoor water supply is available complete with hose and nozzle. 7. Fire extinguishers are checked and in working condition. 8. Driveway is wide enough to accommodate fire vehicles (check with local fire department). 9. Signs are posted for identification, emergency vehicle parking area, and bridge load limits. 10. There is an easily accessible tool storage area complete with rakes, hoes, axes, and shovels for use in case of fire. 11. Family fire drills and fire evacuation plan have been practiced. (Escape areas should be open with good visibility all around. Meadows, rock outcrops, and wide roads are good examples.) 12. Attic, roof, and eave openings, and sides of stilt foundations, are enclosed, screened or walled up. 13. Trash and debris accumulations are removed from the defensible space. 14. A checklist for fire safety needs inside the home has also been completed (available from your local fire department). If necessary, request assistance for this checklist from your local fire and/or forestry agencies. 10 Dates completed and/or rechecked *\ STATE �? DEPARTMENT OF STATE CER l'ir'ICATE RADO I, NATALIE MEYER, Secretary of State of the State of Colorado hereby certify that the prerequisites for the issuance of this certificate have been fulfilled in compli- ance with law and are found to conform to law. Accordingly, the undersigned, by virtue of the authority vested in me by law, hereby issues A CERTIFICATE OF INCORPORATION TO WOODEN DEER HOMEOWNERS ASSOCIATION, A NONPROFIT CORPORATION. Dated: FEBRUARY 18, 1992 SECRETARY OF STA ARTICLES OF INCORPORATION OF WOODEN DEER HOMEOWNERS ASSOCIATION The undersigned natural person hereby establishes a nonprofit corporation pursuant to the Colorado Nonprofit Corporation Act and adopts the following Articles of Incorporation. ARTICLE I The name of the corporation is: WOODEN DEER HOMEOWNERS ASSOCIATION. ARTICLE II DURATION The corporation shall have perpetual existence. ARTICLE III PURPOSES AND POWERS 3.1. Purposes. The corporation is formed exclusively to provide for the acquisition, construction, management, maintenance and care of corporation property including all common areas and roads, utilities, water wells, and distribution system servicing the property. The corporaation is not formed for pecuniary profit or financial gain and no part of the corporation's net earnings, profit or income is distributable to, or shall inure to the benefit of, its members, directors or officers or any other private individual except as provided by the Colorado Non-profit Corporation Act. 3.2. Powers. In furtherance of the foregoing purposes the corporation shall have and may exercise all of the powers now or hereafter conferred upon nonprofit corporations organized under the laws of Colorado, including but not limited to those powers expressly set forth in the Declaration of Covenants, for the Wooden Deer Subdivision (the Declaration) and powers necessary or incidental thereto. ARTICLE IV INITIAL BOARD OF DIRECTORS Three directors shall constitute the initial board, their names and addresses being as follows: Scott Writer 39100 Highway 82 #11 P.O. Box 9705, Aspen, CO 81612 Janet F. Kistler 840 S. Adams St. Denver, CO 80209 Bruce Kistler 840 S. Adams St. Denver, CO 80209 ARTICLE V REGISTERED OFFICE AND REGISTERED AGENT The address of the initial registered office of the corporation is 39100 Highway 82 # 11, Aspen, Colorado, P.O. Box 9705, Aspen, CO 81612. The name of its initial registered agent at such address is Scott Writer. ARTICLE VI RIGHTS OF DIRECTORS AND OFFICERS TO CONTRACT WITH CORPORATION Any of the directors or officers of this corporation shall not, in the absence of fraud, be disqualified by his office from dealing or contracting with this corporation either as vendor, purchaser or otherwise, nor shall any firm, association, or corporation of which he shall be a member, or in which he may be pecuniarily interested in any manner be so disqualified. No director or officer, nor any firm, association, or corporation with which he is connected as aforesaid shall be liable to account to this corporation or its shareholders for any profit realized by him from or through any such transaction or contract, it being the express purpose and intent of this article to permit this corporation to buy from, sell to, or otherwise deal with partnerships, firms or corporations of which the directors and officers of this corporation, or any one or more of them, may be members, directors or officers, or in which they or any of them may have pecuniary interests; and the contracts of this corporation, in the absence of fraud, shall not be void or voidable or affected in any manner by reason of any such position. Furthermore, directors of this corporation may be counted for a quorum of the Board of Directors of this corporation at a meeting even though they may be pecuniarily interested in matters considered at such meeting, and any action taken at such meeting with reference to such matter by a majority of the disinterested directors shall not be void or voidable by this corporation in the absence of fraud. ARTICLE VII INDEMNIFICATION OF DIRECTORS AND OFFICERS The corporation shall indemnify every director or officer or former director or officer or any person who may have served at its request as a director or officer of another corporation in which it owns shares of capital stock or of which it is a creditor, and his heirs, executors and administrators, against expenses actually and reasonably incurred by him in connection with the defense of any action, suit or proceeding, civil or criminal, to which he may be made a party by reason of his being or having been such a director or officer of the corporation, except in relation to matters as to which he shall be finally adjudged in such action, suit or proceeding to be liable for negligence or misconduct in the performance of duty to the corporation. In the event of a settlement, indemnification shall be provided only in connection with such matters covered by the settlement as to which the corporation is advised by counsel that the person to be indemnified did not commit such a breach of duty. The foregoing right of indemnification shall not be exclusive of other rights to which he may be entitled. ARTICLE VIII INCORPORATION The name and address of the incorporator is: Bruce Kistler, 840 South Adams St., Denver, Colorado 80209. ARTICLE IX MEMBERSHIP The record owner or owners of the fee simple title to each lot in the Wooden Deer Subdivision, the Plat of which will be filed for record in the office of the Clerk and Recorder of Garfield County, Colorado, shall be members of the Association, with rights accorded to each as set forth in the statutes of the State of Colorado and Article X hereof. ARTICLE X VOTING Each member shall be entitled to one vote for each Subdivision Lot owned. When more than one person holds an interest in any such lot, all such persons shall be members of the corporation. The vote for each Lot shall be exercised as the persons having an interest in such Lot among themselves determine, but in no event shall a fractional vote or more than one vote be cast with respect to any Lot. ARTICLE XI DISTRIBUTION UPON DISSOLUTION Upon the dissolution of the corporation, the balance of all assets after payment of all liabilities and obligations of the corporation shall be distributed to the members according to a plan of distribution adopted pursuant to the Colorado Nonprofit Corporation Act. Dated: February 5, 1992. STATE OF COLORADO CITY AND COUNTY OF DENVER SS. Bruce Kistler Subscribed and sworn to before me this �47-day of February, 1992 by Bruce Kistler. Notary Public 840 So. Adams St. Denver, CO 80209 My commission Expires: October 17, 1995 WOODEN DEER HOOMEOWNERS ASSOCIATION RESOLUTIONS OF THE BOARD OF DIRECTORS March 2, 1992 The undersigned, constituting the entire Board of Directors of Wooden Deer Homeowners Association, a Colorado Corporation Not For Profit, hereby take the following corporate actions, by consent, all pursuant to provisions of the Colorado Corporation Code. 1. The following persons are hereby elected to the offices set opposite their names, each to serve until the next annual meeting of the Directors or until their successors shall have been duly elected and qualified. Scott Writer President Suzanne Writer Secretary/Treasurer 2. The adoption of the following resolutions: RESOLVED that the Corporation has and does hereby adopt the by-laws attached hereto as the by-laws of the Corporation. RESOLVED that the seal, an impression of which appears hereon, is hereby adopted as the corporate seal of the Corporation. RESOLVED that the fiscal year of the Corporation shall be a Calendar Year. RESOLVED that the annual meeting of the stockholders shall be held on the second Tuesday of April of each year. RESOLVED that the form of bank resolutions attached hereto, be and the same are adopted as resolutions of the Board of Directors in haec verba. RESOLVED that the proper officers of the Corporation be and the same are hereby authorized and directed to pay all organizational fees and expenses incident to or arising out of the organization of the Corporation, and to re-imburse any person who has made reasonable disbursements therefor, and that the same be amortized over a period of five (5) years pursuant to Section 248 of the Internal Revenue Code of 1954, as amended. C DATE J e 0, 1990 ter Bruce Kistler Janet F. Kistler BEING ALL OF THE DIRECTORS BYLAWS OF WOODEN DEER HOMEOWNERS ASSOCIATION ARTICLE I OFFICE The principal office of the Corporation in the State of Colorado shall be 39100 Highway 82, unit # 11, Aspen, Colorado and the mailing address shall be P.O. Box 9705, Aspen, Colorado 81612. Other offices and places of business may be established from time to time by resolution of the Board of Directors. ARTICLE II SEAL The seal of the Corporation shall have inscribed thereon the name of the Corporation, and the words, "Colorado" and "Seal", and shall be in such form as may be approved by the Board of Directors, which shall have power to alter the same at its pleasure. ARTICLE III MEMBERS 3.1. Membership. Every Owner of a Lot which is subject to assessment as provided in the Declaration of Covenants, for the Wooden Deer Subdivision (the Declaration), shall be a member of the corporation. Membership shall be appurtenant to and may not be separated from ownership of any Site which is subject to assessment. 3.2 Voting. 3.2.1. Rights. Each member, including Carbondale Land Development Corporation, a Colorado Corporation (the Declarant), shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members of the Corporation. The vote for each Lot shall be exercised as the persons having an interest in such Lot among themselves determine, but in no event shall a fractional vote or more than one vote be cast with respect to any Lot. 3.2.2. Method. A member may vote either in person or by proxy executed in writing by the member or by his duly authorized attorney in fact. No proxy shall be valid after eleven months from the date of its execution, unless otherwise provided in the proxy. A member may also vote by mail in connection with the following matters: election of directors, amendment to the Articles of Incorporation and a proposed plan of merger, consolidation or dissolution. 3.3. Place of Meetings. Meetings of members shall be held at the principal office of the Corporation as designated in the Articles of Incorporation as from time to time amended, or at any other place designated in the written or printed notice of the members' meeting. 3.4. Annual Meeting. In the absence of a resolution of the Board of directors providing otherwise, the annual meeting of the members of the Corporation for the election of directors, and for the transaction of such other business as may properly come before the meeting, shall be held on the 2nd Tuesday in June of each year, if the same be not a legal holiday, and if a legal holiday, then on the next succeeding business day, at 10:00 o'clock, A.M. If a quorum be not present the meeting may be adjourned from time to time, but no single adjournment shall exceed sixty (60) days. 3.5. Special Meetings. Special meetings of members may be called by the president (or in his absence by a vice-president), the board of directors, or members having not less than one-half of the votes entitled to be cast at such meetings. 3.6. Notice. Written or printed notice stating the day, place and hour of the members' meeting, and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than ten (10) days or more than fifty (50) days before the date of the meeting, either personally or by mail, by or at the direction of the president, the secretary, the Board of Directors, or the officers or persons calling the meeting, to each member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the member at his address as it appears on the records of the Corporation, with postage prepaid. Failure to deliver such notice or obtain a waiver thereof shall not cause the meeting to be lost, but it shall be adjourned by the members present for a period not to exceed sixty (60) days until any deficiency in notice or waiver shall be supplied. 3.7. Quorum. A quorum at any meeting of members shall consist of one-half of the members of the Corporation entitled to vote thereat, represented in person or by proxy. If a quorum is present, the affirmative vote of a majority of the members represented at the meeting and entitled to vote on the subject matter shall be the act of the members, unless the vote of a greater number or voting by classes is required by law, the Articles of Incorporation or these By-laws. ARTICLE IV DIRECTORS 4.1. Board of Directors. The Corporation shall be managed by a Board of Directors (the Board). Three directors, constituting the entire Board, shall be appointed by the Incorporator until the first annual meeting held after the first to occur of the following events: (1) Fifty percent (50%) of all Owners of Lots have received a Certificate of Occupancy signifying the completion of a residential house from the authorized officials of Garfield County, Colorado, or (2) Until December 31, 1995. Directors so appointed need not be owners of lots, members of the Corporation, or residents of Colorado, provided, however, that the Declarant shall have the option at any time during such period to permit election of a director or directors from among the Owners. At the first annual meeting held after the first to occur of the foregoing events, three directors who are Owners of Lots shall be elected to the Board by majority vote for the ensuing year or until their successors shall be duly elected and qualified. Nothing contained herein shall be interpreted to restrict the rights of elected directors to fill vacancies or the rights of members to remove directors. 4.2. Annual Meetings. The annual meeting of the Board of Directors shall be held at the principal office of the Corporation or such other place designated by the Board of Directors on the 2nd Tuesday in June of each year, and no notice shall be required in connection therewith. The annual meeting of the Board of Directors shall be for the purpose of electing officers and for the transaction of such other business as may come before the meeting. 4.3. Regular Meetings. Unless otherwise determined by resolution of the Board of Directors regular meetings of the Board of Directors shall be held on the 2nd Tuesday of March, June, September and December of each year, at 10:00 o'clock, A.M., and no notice shall be required in connection therewith. 4.4. Special Meetings. Special meetings of the Board of Directors may be called at any time by the president (or in his absence by a vice-president), or by any director, and may be held within or without the State of Colorado at such time and place as the notice or waiver thereof may specify. Notice of such meetings shall be given to a director in person, my mail, telegraph, or by telephone at least twenty-four (24) hours prior to the date or time fixed for the meeting. Special meetings of the Board of Directors may be held at any time that all directors are present in person, and presence of any director at a meeting shall constitute waiver of notice of such meeting except as otherwise provided by law. Unless specifically required by law, the Articles of Incorporation or these Bylaws, neither the business to be transacted at, nor the purpose of, any meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting. 5.2. Officers. The officers of the Corporation shall respectively exercise and perform the respective powers, duties and functions as are stated below, and as may be assigned to them by the Board of Directors. 5.2.1. The President shall be the chief executive officer of the Corporation and shall, subject to the control of the Board of Directors, have general supervision, direction and control of the affairs and officers of the Corporation. He shall preside at all meetings of the members and of the Board of Directors. The President, or a Vice -President, unless some other person is specifically authorized by the Board of Directors, shall sign all bonds, deeds, mortgages, leases and contracts of the Corporation. The President shall perform all the duties commonly incident to this office and such other duties as the Board of Directors shall designate. 5.2.2. In the absence or disability of the President, the Vice -President shall perform all duties of the President, and when so acting shall have all of the power of, and be subject to all the restrictions on the President. The Vice -President shall have such other powers and perform such other duties as may from time to time be assigned to him by the President. 5.2.3. The Secretary shall keep accurate minutes of all meetings of the members of the Board of Directors and committees having any of the authority of the Board of Directors. He shall keep at the Corporation's principal or registered office in Colorado a record of the names and addresses of its members entitled to vote and shall be responsible for the giving of notice of meetings of the members of the Board of Directors. The Secretary shall be the custodian of the records and of the seal of the Corporation and shall attest the affixing of the seal of the Corporation when so authorized. The Secretary shall perform all duties commonly incident to his office and such other duties as may from time to time be assigned to him by the President. 5.2.4. An Assistant Secretary may, at the request of the Secretary, or in the absence or disability of the Secretary, perform all of the duties of the Secretary. He shall perform such other duties as may be assigned to him by the President or by the Secretary. 5.2.5. The Treasurer, subject to the order of the Board of Directors, shall have the care and custody of the money, funds, valuable papers and documents of the Corporation. He shall keep correct and complete books and records of accounts of the Corporation's transactions, which shall be the property of the Corporation, and shall render financial reports and statements of condition of the Corporation when so requested by the Board of Directors or President. The Treasurer shall perform all duties commonly incident to his office and such other duties as may from time to time be assigned to him by the President. 4.5. Quorum. A quorum at all meetings of the Board of Directors shall consist of a majority of the number of directors then fixed by these Bylaws, but a smaller number may adjourn from time to time without further notice until a quorum be secured. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by the Articles of Incorporation or these Bylaws. 4.6. Vacancies. Any vacancy occurring in the Board of Directors may be filled by the affirmative vote of a majority of the remaining directors though less than a quorum of the Board of Directors. A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office, and shall hold such office until his successor is duly elected or appointed and qualified. Any directorship to be filled by reason of an increase in the number of directors shall be filled by the affirmative vote of a majority of the directors then in office. A director chosen to fill a position resulting from an increase in the number of directors shall hold office until the next annual meeting of directors and until his successor shall have been elected and qualified. 4.7. Committees. The Board of Directors may, by resolution adopted by a majority of the directors in office, designate and appoint one or more committees each of which shall consist of one or more directors, which committees shall have and may exercise all of the authority of the Board of Directors in the management of the Corporation as shall be provided in such resolution except as otherwise required by law. 4.8. Removal. When the notice indicates the purpose, directors may be removed at any meeting of members, in the manner provided in this section. The entire Board of Directors or any lesser number may be removed, with or without cause, by a vote of a two-thirds of the members then entitled to vote at an election of directors. ARTICLE V OFFICERS 5.1. Election. The elective officers of the Corporation shall be a president, one vice-president, a secretary, a treasurer and such other officers and assistant officers as may be deemed necessary, who shall be elected by the Board of Directors at its first meeting. Unless removed in accordance with procedures established by law and these Bylaws, the said officers shall serve until the next succeeding annual meeting of the Board of Directors and until their respective successors are elected and qualified. Any two or more offices may be held by the same person at the same time, except that one person may not simultaneously hold the offices of President and Vice -President, or that of President and Secretary. 5.2.6. An Assistant Treasurer may, at the request of the Treasurer, or in the absence or disability of the Treasurer, perform all of the duties as may be assigned to him by the President or by the Treasurer. 5.3. Compensation. All directors and officers of the Corporation may receive salaries or other compensation for services rendered if so ordered and fixed by the Board of Directors. The Board shall have authority to fix salaries in advance for stated periods or render the same retroactive as the Board may deem advisable. 5.4. Disability. In the event of absence or inability of any officer to act, the Board of Directors may delegate the powers or duties of such officer to any other officer, director or person whom it may select. 5.5. Removal. Any officer or agent may be removed by the Board of Directors whenever in its judgment the best interests of the Corporation will be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an officer or agent shall not, of itself, create contract rights. 5.6. Loans. No loans shall be made by the Corporation to its directors or officers. ARTICLE VI FINANCE 6.1. Banking. The moneys of the Corporation shall be deposited in the name of the Corporation in such bank or banks or trust company or trust companies, as the Board of Directors shall designate, and may be drawn out only on checks signed in the name of the Corporation by such person or persons as the Board of Directors by appropriate resolution may direct. Notes and commercial paper, when authorized by the Board, shall be signed in the name of the Corporation by such officer or officers or agent or agents as shall thereunto be authorized from time to time. 6.2. Fiscal Year. The fiscal year of the Corporation shall be determined by resolution of the Board of Directors. ARTICLE VII WAIVER OF NOTICE Any member, officer or director may waive, in writing, any notice required to be given by law or under these Bylaws, whether before or after the time stated therein. ARTICLE VIII ACTION WITHOUT A MEETING Nothing in these Bylaws shall be construed so as to prevent any action required to be taken at a meeting of the directors, committee thereof, if there be one, or members of this Corporation, without a meeting if a consent in writing, setting forth the action so taken shall be signed by all of the directors, committee members, if there be one, or members entitled to vote with respect to the subject matter thereof. ARTICLE IX AMENDMENTS These Bylaws may be altered, or repealed at any meeting of the Board of Directors. ARTICLE X MISCELLANEOUS 10.1 Non payment of Dues. Any non-payment of association dues or validly established fees or assessments shall become a priority lien on the affected lot that need not be recorded in order to be perfected and is not extinguished by the transfer of ownership. Such may be foreclosed in the same manner as a mortgage. 10.2 Notice of Assessments. The association shall furnish to a lot owner or such lot owner's designee, upon written request, delivered personally or by certified mail, first class postage pre- paid, return receipt requested, to the Association's registered agent, a statement setting forth the amount of unpaid assessments currently levied against such owner's lot. Such statement shall be furnished within fourteen business days after receipt of the request and is binding on the association, the executive board, and every lot owner. If a statement is furnished to the lot owner or the holder of a security interest or to their designee, delivered personally or by certified mail, first class postage pre -paid, return receipt requested, to the inquiring party, then the association shall have no right to assert a priority lien upon the lot for unpaid assessments which were due as of the date of the request. ARTICLE XI DEFINITIONS Definitions of terms used in these Bylaws shall be as follows: 11.1. Owner. "Owner" means the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Property. 11.2. Property. "Property" means that certain real property described in Exhibit A attached to the Declaration and such additions thereto as may hereafter be brought within the terms of said Declaration. 11.3. Lot. "Lot" means any plot of land shown on any recorded subdivision map of the Property, but shall not include the Common Areas. 11.4. Common Areas. "Common Areas" means that real property and improvements thereon in Garfield County, Colorado, owned, managed or maintained by the Corporation for the common use and enjoyment of the Owners on a non-exclusive basis, except as otherwise provided in the Declaration of Covenants, for the Wooden Deer Subdivision. DCB Billing From: Kyle Webb <kyle@khwebb.com> Sent: Tuesday, April 19, 2016 12:40 PM To: Max Filiss; DCB Billing Subject: FW: Sakin DRB Set 06.19.15 Attachments: Wooden Deer HOA.Sakin home.dat As requested k h . webb architects. pc 710 west lionshead circle suite a vail . colorado 81657 970.477.2990 (p) www.khwebb.com (w) From: George Clemons <georgec@beveragebody.com> Date: Friday, July 10, 2015 at 11:26 AM To: "Kyle H. Webb" <kyle@khwebb.com> Subject: Re: Sakin DRB Set 06.19.15 We have reviewed the plans you sent and had a few comments, please see attached letter. The project is approved to proceed. On Thu, Jul 2, 2015 at 7:53 AM, George Clemons <georgec@beveragebody.com> wrote: I did receive the drawings last Friday. We should be able to review the plans and get back to you by the end of next week. On Tue, Jun 30, 2015 at 6:07 AM, Kyle Webb <kyle@khwebb.com> wrote: George, I just wanted to follow up and make sure you received the plans we sent you. Also, I wanted to see if you have any questions and what timing for Association approval process may be to help us plan. Please let me know how we can help. Thanks! Kyle Webb k h . webb architects. pc 710 west lionshead circle suite a vail . colorado 81657 970.477.2990 (p) www.khwebb.com (w) 1 From: George Clemons Date: Friday, June 19, 2015 at 2:40 PM To: Kyle Webb Subject: Re: Sakin DRB Set 06.19.15 Would you please send 3 sets of drawings? Send to George Clemons, 0980 Wooden Deer Rd. Carbondale, Co 81623 On Fri, Jun 19, 2015 at 10:18 AM, Kyle Webb <kyle@khwebb.com> wrote: George, Attached is an electronic set for the proposed Sakin Remodel on Lot 13 in Wooden Deer. I was not sure how formal things are for the Board. I can send you paper sets of drawings, just let me know how many. Do you have a formal meeting, do we owe a fee? Do I need to have material samples on-site for the Board? Let me know what we need to get you further. Many Thanks! Kyle Webb k. h. webb architects. pc 710 west lionshead circle suite a vail . Colorado 81657 970.477.2990 (p) www.khwebb.com <http://www.khwebb.com/> (w) 2 Property Owners within 200 Feet Public Notice Mailings ATTACHMENT F Sakin ADU 2393-25204-013 Account Num Parcel Physical Address Owner Mailing Address City State Zip R111850 2.39325E+11 499 WOODEN DEER RD CARBO SAKIN, SALLY B 499 WOODEN DEER ROAD CARBONDALE CO 81623 R111849 2393-252-04-012 00501 WOODEN DEER RD Christopher L & Jonna Sue T Coyle 501 Wooden Deer Road Carbondale CO 81623 R111848 2393-252-04-011 Brian E Gaddis & Sandra Grossman 1215 County Road 111 Carbondale CO 81623 R111847 2393-243-04-010 000593 WOODEN DEER RD Thomas D & Marilyn A Hays PO BOX 717 Carbondale CO 81623-071; R111851 2393-252-04-014 0550 WOODEN DEER RD Katherine U Hubbard 0550 Wooden Deer Road Carbondale CO 81623 R111855 2393-252-04-018 Rochard Haberman 401 E Lupine Drive Aspen CO 81611 R111852 2393-252-04-015 000470 WOODEN DEER RD Andrew Quait & Jane Keener 470 Wooden Deer Road Carbondale CO 81623 R111856 2393-252-04-019 000276 WOODEN DEER RD Daniel Robert & Mary Ann Jervis 276 Wooden Deer Road Carbondale CO 81623 R111857 2393-252-04-020 000262 WOODEN DEER RD Susan Z & Clinton C. Omang 262 Wooden Deer Road Carbondale CO 81623 R111858 2393-252-04-021 000152 WOODEN DEER RD KAVASCH, Mark S Kavasch & Susan D Lau 152 Wooden Deer Road Carbondale CO 81623 R111859 2393-252-04-022 000104 WOODEN DEER RD Jonathan & Lucie Fitch 12 Williams Lane Chappaqua NY 10514 R111336 2393-234-00-131 013114 HWY 82 Crystal Ranch Corp. 3 Friday Lane Chapel Hill NC 27514 4/18/2016 Garfield County Garfield County Land Explorer Garfield County, Colorado Garfield County Land Explorer Printed by Web User 1 inch = 473 feet 1 inch = 0.09 miles 0 0.05 0.1 0.2 Miles N Garfield County Colorado Garfield County www.garfield-county.com Colorado 110illit--T Disclaimer This is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing is to be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. © Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 3/7/2016 at 12:39:33 PM Thomas D & Marilyn A Hays PO BOX 717 Carbondale, CO 81623-0717 Andrew Quait & Jane Keener 470 Wooden Deer Road Carbondale, CO 81623 Mark S Kavasch & Susan D Lau 152 Wooden Deer Road Carbondale, CO 81623 Christopher L & Jonna Sue T Coyle 501 Wooden Deer Road Carbondale, CO 81623 Katherine U Hubbard 0550 Wooden Deer Road Carbondale, CO 81623 Daniel Robert & Mary Ann Jervis 276 Wooden Deer Road Carbondale, CO 81623 Jonathan & Lucie Fitch 12 Williams Lane Chappaqua, NY 10514 Brian E Gaddis & Sandra Grossman 1215 County Road 111 Carbondale, CO 81623 Rochard Haberman 401 E Lupine Drive Aspen, CO 81611 Susan Z & Clinton C. Omang 262 Wooden Deer Road Carbondale, CO 81623 Crystal Ranch Corp. 3 Friday Lane Chapel Hill, NC 27514 WATER RIGHTS AND PLAN FOR AUGMENTATION FOR WOODEN DEER SUBDIVISION CARBONDALE, COLORADO Prepared By: Resource Engineering, Inc. 802 Grand Avenue, Suite 302 Glenwood Springs, CO 81601 October 30, 1991 TABLE OF CONTENTS PAGE 1 INTRODUCTION 1 Location 1 Project Description WATER REQUIREMENTS 14 1 WATER SUPPLY 4 WATER RIGHTS New Water Rights 45 4 Augmentation Water Rights 6 Alternate Points of Diversion 6 STREAM DEPLETIONS 6 PLAN FOR AUGMENTATION LIST OF TABLES TABLE 1 - WATER REQUIREMENTS TABLE 2 - WATER AUGMENTATION SCHEDULE LIST OF FIGURES FIGURE 1 - WATER RIGHTS LOCATION MAP 3 8 INTRODUCTION LOCATION The proposed Wooden Deer Subdivision is located on a parcel of land in the 24 and the NWY4, Section 25, Township 7 South, Range 88 West of 1 County, Colorado. A location map, Figure 1, is attached. The parcel is ap, in area and lies on the east side of the Crystal Spring Creek drainage approximately 3/4 mile above the confluence with the Roaring Fork River. PROJECT DESCRIPTION The proposed development consists of 22 single family lots with a minimum size of two acres each. Each lot will be allowed to have one primary residence with an attached caretaker unit not exceeding 900 square feet in area. Each lot will be allowed a maximum of 2,000 square feet of lawn and garden irrigation and no farm animals will be allowed in the subdivision. No commercial or industrial development is allowed. The development will be served by a central water supply system consisting of wells, storage facilities and distribution pipelines. Each well will be metered separately and each lot will have an individual water meter also. The domestic wastewater will be treated by individual septic tank and leach field systems. WATER REQUIREMENTS The water requirements for the development will include in-house use for 2dper 22 single family residences and 22 caretaker units. The in-house water requirements estimated based onan an day). E average of 3.5_persons per single family residence, each using 100 gpd (gallons ch caretaker unit was considered to equal one-half of a single family residence. Therefore, each lot was allowed an average of 525 gpd for in-house use. The irrigation water requirements for the development were based on the water demand for lawn grass at this location and elevation using the Blaney-Criddle method. Table 1 presents average monthly water requirements for the proposed development. 1 1 1 \ \ + -•=�. -ate 1000 • =. .......k.,.:: a 14 as \ \\ ! 7/82 / ! "I 7400 /;;Y !/ i 27 .6875• /rte +648V' — 1‘,________—.....:Y. �'% - WD -NO. � a v, 1 CJI . = .Creek -ice-trysa — -WD NO..1-- _ • 0 V t�,j� - -- 62/ 9 $0 • II II II is II 41 Carbondale 6.03 • ll II ,_ II • • R. — s•4..� -. 068 5 Wild 031N - X13 to. m.aa at all • x6875 ��^� Glavel `�////'' O'•::' ic9�..� 660 PROPERTY BOUN O — •— • H• 6285 0 6/70 • !..35 • II 11 I / • . • a2°° 6289 - aaa 6400 FIGURE 1 WATER RIGHTS LOCATION MAP WOODEN DEER SUBDIVISION SCALE: 1" = 2000' ,....FRESOURCE S SSS. S IMM. CMMM■ E N G I N E E R ING INC a=1:2 Gre -cl .we. arca --C. 2 ! Ge revcca Eo •'r Go CO El sol oast 9-15-6-7-77 2 Fax 345-11'=7 DATE: OCTOBER. 1991 1, A consumptive use rate of 15 percent was applied to in-house water use asst. tank and leach field disposal systems. Return flows will be to the Crystal Spr; Fork River. A consumptive use rate of 80 percent was used for irrigation asst will be by sprinklers. All surface or groundwater return flows from irrigati Spring Creek or the Roaring Fork River. Table 1 presents the average mont. amounts for the development. WATER SUPPLY The domestic water supply for the proposed development, both in-house and irrigation uses, will be from two or more wells to be drilled on the property. Well permit applications have been filed with the Colorado Division of Water Resources for six wells. Each well permit is for 50 gpm and 15.5 acre feet annually with a combined maximum pumping capacity of 100 gpm with an annual diversion limit of 15.5 acre feet for all wells. It is anticipated that the wells will draw water from the Basalt volcanic formation at depths of 250 feet to 350 feet below the surface. The aquifer is considered to be tributary to the Roaring Fork River. WATER RIGHTS NEW WATER RIGHTS Six wells are proposed for the development. The following technical information is provided to assist in preparation of the water right applications. Information common to all wells: Source: Groundwater tributary to the Roaring Fork River. Depth: • 350 feet Appropriation: September 19, 1991 by field location of well sites. Amount Claimed: 50 gpm (0.056 cfs) Use: Domestic use associated with 22 single family units each with a caretaker unit and each with up to 2000 square feet of lawn and garden irrigation (1.0 acres total). The wells will be located on the 105 acre parcel proposed for development and now owned by Grace L. Cowen, which is under contract to the CLDC, a Colorado Corp. Four wells are in the SW'/4, SW%, Section 24, Township 7 South, Range 88 West, 6th P.M. at the following locations. - WELL DISTANCE FROM DISTANCE FROM NAME SOUTH LINE EAST LINE WD No. 1 800' 4000' WD No. 2 770' 4750' WD No. 3 380' 4200' WD No. 4 100' 4800' Two wells are located in the NW'/4, NW'/., Section 25, Township 7 South, Range 68 West, 6th P.M. at the following locations: WELL DISTANCE FROM DISTANCE FROM NAME SOUTH LINE EAST LINE WD No. 5 4810' 4600' WD No. 6 5050' 4050' AUGMENTATION WATER RIGHTS CLDC will maintain a water service contract with the Basalt Water Conservancy District in the amount of 4.2 acre feet to augment depletions associated with the domestic water usage at the Wooden Deer Subdivision. The 4.2 acre feet is enough to replace 100 percent of the development depletions and includes a five percent allowance for transit loss. The water uses include ordinary in-house use, irrigation and fire protection. The augmentation water is Ruedi Reservoir water right decreed in Case No. 4613 on June 20, 1958 in Garfield County District Court. The source is the Frying Pan River. The right abutment of the dam is located at a point whence the Southwest corner of Section 7, Township 8 South, Range 84 West, 6th P.M. bears North 68° 58 feet at a distance of 1,126 feet. ALTERNATE POINTS OF DIVERSION The Basalt Conduit is a 450 cfs surface water right decreed in Case No. 4613. The source is the Frying Pan River and the decreed point of diversion is located in the left bank of the Frying Pan River in the NE%, NW%, Section 18, Township 8 South, Range 84 West, 6th P.M. at the head of the outlet tube for Ruedi Reservoir whence the Southwest corner of Section 7, Township 8 South, Range 84 West 6th P.M. bears North 79° 00 feet West a distance of 2017.1 feet. The proposed alternate points of diversion for the Basalt Conduit are the six wells proposed for the Subdivision, WD No. 1 through WD No. 6, at the locations described under the section title New Water Rights. The amount for each well is 0.056 cfs. STREAM DEPLETION Diversions from the wells will result in depletions to surface flows in the adjacent streams. There are several wells in the same general area which are completed in the aquifer which the proposed subdivision wells are to tap. The reported static water levels in the existing wells are above the Roaring Fork River elevation and indicate a groundwater movement down valley from northeast to southwest toward the Roaring Fork River. There are various springs in the vicinity which surface at elevations which support this conclusion. The proposed wells will be located from about 6,300 feet to 7,800 feet from the Roaring Fork River and 800 feet to 1,500 feet from Crystal Spring Creek. They are located downstream from the most senior surface water rights on Crystal Spring Creek, namely; Kelley Ditch, Powers Martin Spring and Pipeline and Mud Springs Ditch. The wells are also downstream of several small senior underground water rights. Because of the observed groundwater gradient, no injury is anticipated to these upstream water rights. The Thelma Ditch, the Freeman James Spring and the Foley Ditch all located downstream from the wells on the Crystal Spring.drainage. The ,Foley Ditch and the Freeman James Spring divert from south of Highway 82 near the month of Crystal Spring Creek. The diversion points are downstream of large irrigated fields in Sections 25 and 26 and return flows from these areas provide water to these rights. The diversion records kept by the SEO (1980-1989) do not list the Foley Ditch or list it as "not usable". The Freeman James Spring has a recorded diversion of 1.0 6 acre feet for 1986 and 1987. In all other years from 1980 to 1989 the Freeman James Spring is not listed. In our opinion the Foley Ditch and the Freeman James Spring will not be impacted by the wells because the source of water is from irrigation return flows originating below the wells. Thelma Ditch diverts from Crystal Spring Creek in the NE Y of Section 26. The diversion records for this ditch are consistent for the years 1980 to 1988 with an average of 216 acre feet diverted over 138 days. In 1988 the ditch diverted 81 acre feet over 67 days. We believe that the 0.80 cfs Thelma Ditch water rights is owned by and delivers water to the Cerise property in Section 25 for domestic use and irrigation of 27 to 30 acres. The depletions resulting from the proposed development are less than three acre feet (3.7 gpm) during the irrigation season. In our opinion the depletions are deminimus and immeasurable and a call by the Thelma Ditch would be futile. Kelley Ditch No. 3 was abandoned in Case No. 84CW218 and Kelley Ditch No. 2 Alvin Cerise laonger g nunaware in the SEO diversion records. Water commissioners Joe Bergquist and of the existence of a Kelley Ditch No. 2. PLAN FOR AUGMENTATION The plan for augmentation can replace 100 percent of the depletions to the Roaring Fork River by the release of water from Ruedi Reservoir. Water will be released in accordance with the schedule shown in Table 2 when there is a call on the subdivision wells. The wells will divert under their own priority or as alternate points of diversion for the Basalt Conduit under that priority when not called by senior downstream water rights. An accounting form acceptable to the Division 5 office of the State Engineer will be prepared to record all diversions on a monthly basis. Ruedi Reservoir releases will also be recorded on the accounting form and the accounting form will be provided to the State Engineers office on an annual basis or whenever it is requested. 7 TABLE 2 WOODEN DEER SUBDIVISION WATER AUGMENTATION SCHEDULE (Values in Acre Feet) MONTH CONSUMPTIVE USE (1) RUEDI RESERVOIR RELEASES (2) JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER 0.165 0.149 0.165 0.217 0.544 0.642 0.621 0.459 0.411 0.242 0.160 0.165 0.173 0.156 0.173 0.228 0.571 0.674 0.652 0.482 0.432 0.254 0.168 0.173 (1) Based upon full development of all 22 lots. (2) Includes allowance for five percent transit Toss. In our opinion, implemntation of this plan for augmentation will prevent injury to senior vested water rights. Respectfully submitted: RESOURCE ENGINEERING, INC. Water Resource Engineer PSB/mmm 267-2'0 °^=".2u7 WOODEN DEER WELL PUMP TEST REPORT Prepared By: Resource Engineeriflg1 Inc. 802 Grand Avenue, Suite 302 Glenwood Springs, CO 81601 May 12, 1992 INTRODUCTION Background DESCRIPTION OF TEST 1 Pumping Well 1 Monitoring Wells 3 Springs and Seeps 3 RESULTS 4 Baseline Data 4 Pump Test Drawdown 4 Pump Test Recovery 7 Aquifer Characteristics 7 SUMMARY AND CONCLUSIONS 11 Summary 11 Conclusions 1 2 TABLE OF CONTENTS PAGE 1 1 LIST OF FIGURES FIGURE 1: LOCATION MAP 2 FIGURE 2: BASELINE DATA 5 FIGURE 3: DRAWDOWN GRAPH 6 FIGURE 4: RECOVERY GRAPH 9 FIGURE 5: AQUIFER CROSS SECTION 10 APPENDICES APPENDIX A: WELL DATA APPENDIX B: MONITORING DATA APPENDIX C: PUMP TEST DATA WOODEN DEER WELL PUMP TEST REPORT INTRODUCTION Resource Engineering, Inc. (RESOURCE) has completed a pumping test of the Wooden Deer Well No. 1 (WD -1). The purpose of the test was to determine if pumping from the ground water aquifer will impact the physical and legal water supply available to vested water rights located in vicinity of the well. BACKGROUND Well WD -1 will provide the source of water supply to the proposed Wooden Deer Subdivision located two miles northeast of Carbondale, Colorado. The well was completed on November 6, 1991 as a monitoring and test hole. On November 15. 1991 a pump test was completed to determine if sufficient physical supplies were available to support the proposed development. The initial test was a success and the results indicated that as much as 50 gpm could be developed from the well. Based on this finding, the well was included as a source of water supply in a water right plan for augmentation filed by the Wooden Deer Subdivision (Case No. 91CW198). Subsequent to the filing of the plan for augmentation, several water right owners in the Crystal Springs drainage submitted statements of opposition. The objectors were concerned that prolonged pumping of the WD -1 well could deplete water supplies that would otherwise be available to them. In response to these concerns, a second, more comprehensive well test program was initiated. This report provides a summary of the test procedures, findings and conclusions. DESCRIPTION OF TEST A 24 hour pump test was conducted on WD -1 with simultaneous monitoring of three neighboring wells and several seeps and springs in Crystal Spring Creek. PUMPING WELL The pumping well was WD -1. The static water level was monitored for several weeks prior to pumping. During the 24 hour pumping period the well was pumped at a rate of 50 gpm until it reached equilibrium at which time it was increased to 70 gpm for the duration of the test. A total 1 W CC 0 ct WII� Z 0Ist (I)z z W -n CE z w S▪ SIms SS. Sa▪ naa 1111. SURFACE WATER ELEVATION - - - 6700.5 STATIC WATER ELEVATION - - - - 6568.3 • OMR 11 u 11 11o a' 0 .,T/� :111 . 1 1• \\ w n •• cc 4s • �0. =a .0 '�•--622o- f •Q J d c"" ' �\ -- o \l a• -mac C:- a ‘.3 CRYSTAL SPRING DRAINAGE 1 ,• N cri >- 2 r—•• SURFACE WATER ELEVATION - - - 6700.5 STATIC WATER ELEVATION - - - - 6568.3 ::::RESOURCE MUM' 111111111111111ENGINEERING INC. Mr. Scott Writer PO Box 9705 Aspen, Colorado 81612 RE: Wooden Deer Well - Pump Test Report Dear Scott: May 28, 1992 E EIVE 1. MAY 2 9 1992 LEAVENWORTH & LOCHHEAD, P.C. The attached copy of Figure 1, Well Location Map has been amended to show the cone of influence of the Wooden Deer Well pumping. This amended well location map replaces Figure 1 in our May 12, 1992 Wooden Deer Well Pump Test Report. A copy of the amended map is being sent to all parties who received a copy of the original report. Sincerely, RESOURCE ENGINEERING, INC. Paul S. Bussone, P.E. Water Resource Engineer PSB/mmm 267-2.0 swpomp.267 Enclosure CC: „vjY1ELeetleavermidettiriiiirdrielo—siiie' Mr. Bill Johnson, w/enclosure Ms. Lisa Rowley, w/enclosure Mr. Glenn Chadwick, w/enclosure Mr. John Martin, w/enclosure Mr. George Petre, w/enciosure Consutting Engineers and Hydrologists 802 Grand Avenue, Suite 302 III Glenwood Springs. CO 81601 a (30319 / // 1 Fax 945-1137 i Y . e1dr/ // 1 ,' (¢ a om- (� Nr - - 6220 "• ii. /� ..Z; .a, CRYSTAL SPRING DRAINAGE Wu UZ • cr • • 2 : =__ fin • • SURFACE WATER ELEVATION - - - 6700.5 %Ho:RESOURCE ....• ....• IIIIIIIIINENGINEERING INC. Mr. Scott Writer PO Box 9705 Aspen, Colorado 81612 RE: Wooden Deer Well Pump Test Report Dear Scott: May 28, 1992 ItE EIVE MAY 2 9 1992 LEAVENWORTH &LOCHHF.ADI P.C. The attached copy of Figure 1, Well Location Map has been amended to show the cone of influence of the Wooden Deer Well pumping. This amended well location map replaces Figure 1 in our May 12, 1992 Wooden Deer Well Pump Test Report. A copy of the amended map is being sent to all parties who received a copy of the original report. Sincerely, RESOURCE ENGINEERING, INC. Paul S. Bussone, P.E. Water Resource Engineer PSB/mmm 267-2.0 mpump.2c17 Enclosure ' CC: ,,P.41c...54.1-eeaLeavenWOrth, w e Mr. Bill Johnson, w/enclosure Ms. Lisa Rowley, w/enclosure Mr. Glenn Chadwick, w/enclosure Mr. John Martin, w/enclosure Mr. George Petre, w/enclosure Consulting Engineers and Hydrologists SO2 Grand Avenue. Suite 302 • Glenwood Springs. CO 81601 a (303) 945-8/1/ • Fax 94.5-1137 W CD 4 2 a 0 2 2 H >cc0 N t'A >- 2 1- 0 of 93,000 gallons were pumped from the well over the 24 hour period. This amount exceeds the maximum daily use of the subdivision at full development by nearly seven times. The pump was shut down after 24 hours and the well was allowed to recover while being monitored. Well data is included in Appendix A. MONITORING WELLS Three neighboring wells were monitored before, during and after the pump test. The monitoring wells are located in three different directions from WD -1 (see Figure 1, Location Map). Martin Well, located 719 feet north and Hammes Well, located 1,222 feet east, both share the same aquifer as WD -1 and the static water level in each is at the same elevation. Martin Well is located 237 feet nearer to WD -1 than is Crystal Spring (see Figure 11. The point of discharge of the spring is at the same elevation as the wells. Any impact on Crystal Spring would be first noticed at the Martin Well, therefore, the well was monitored as a means to detect any impact on the Crystal Spring. Cowen Well, located 1,541 feet south, is completed in a different aquifer and the static water level is over 150 feet lower in elevation. The static water level in the monitoring wells was measured for one week prior to the pump test and periodically during the pump test. Readings wera also made after the pumping was completed. Well data is included in Appendix A. SPRINGS AND SEEPS Four springs and seeps located in Crystal Spring Creek were monitored before, during and after the test. The springs are located at or above the spring which feeds Mr. Clifford Cerise's domestic pipeline and also above the Thelma Ditch headgate. One monitoring point was located at Cerise Spring and consisted of a 1 Y4 inch PVC pipe installed horizontally into the spring. The pipe had a 90° elbow and riser at the down stream end which provided a static water level for monitoring. The uppermost monitoring point (Spring No. 1) consisted of a 1 Y4 inch piezometer pipe installed vertically into a spring emanating from the creek bottom. This point was located at the highest point of discernable flow in the creek. The creek was dry above this point. 3 Two additional "pools" served as monitoring points between the upper piezometer and the lower piezometer at Crystal Spring. The elevation of the springs are over 140 feet lower than the static water level in the wells. All of the springs were monitored for one week prior to conducting the test to establish a base line datum and then monitored during and after pumping. RESULTS BASELINE DATA The baseline data for the wells and springs is shown in Appendix 13 and presented graphically in Figure 2. It can be seen from the data that the static water level in all the wells was stable prior tothe test. No measurable fluctuations were noted in any of the wells during the monitoring period preceding the pump test. The elevation of the static water level in Martin Well, Hammes Well and WO -1 was nearly equal. These three wells are believed to be hydraulically connected. In addition, the elevation of Crystal Spring was surveyed and found to be at the same elevation as the wells and is also believed to be hydraulically connected to the wells. Cerise Spring and monitoring point No. 2 also exhibited no falling or fluctuating levels during the baseline period. Monitoring points No. 1 and No. 2, however, showed a falling head during the week preceding the test. The total drop in head was 0.11 feet for No. 1 and 0.15 feet for No. 2 prior to pumping. PUMP TEST DRAWDOWN WD -1 was pumped for a total of 24 hours without interruption and well drawdown was monitored throughout the pumping period. The drawdown data is included in Appendix C and shown graphically in Figure 3. The well was pumped at a rate of 50 gpm for the first 370 minutes. The well reached a state of equilibrium at a drawdown of 14.3 feet after 90 minutes (see Figure 3). The pumping rate was increased to 69.6 gpm (maximum pumping rate of the pump) for the remaining period of the test. The well again reached a state of equilibrium, this time at a drawdown of 23.3 feet. 4 :::RESOURCE MINIMA MIME MIZIMENGINEERING INC. Mr. Scott Writer PO Box 9705 Aspen, Colorado 81612 RE: Wooden Deer Well - Pump Test Report Dear Scott: May 28, 1992 LEAVENWORTH & LOCHHEAD, P.C. The attached copy of Figure 1, Well Location Map has been amended to show the cone of influence of the Wooden Deer Well pumping. This amended well location map replaces Figure 1 in our May 12, 1992 Wooden Deer Well Pump Test Report. A copy of the amended map is being sent to all parties who received a copy of the original report. Sincerely, RESOURCE ENGINEERING, INC. Paul S. Bussone, P.E. Water Resource Engineer PSB/mmm 267-2.0 swptimp.207 Enclosure CC: „0,JVIr.s.LeeaLeavenWorieth; Wigrai-ure. Mr. Bill Johnson, w/enclosure Ms. Usa Rowley, w/enclosure Mr. Glenn Chadwick, w/enclosure Mr. John Martin, w/enclosure Mr. George Petra, w/enclosure Consutting Engineers and Hydrologists 802 Grand Avenue. Suite 302 III Glenwood Springs, CO 81601 III (303) 9468/ Fax 845-1137 0 CV N t0 N Q z tt1 0 of 93,000 gallons were pumped from the well over the 24 hour period. This amount exceeds the maximum daily use of the subdivision at full development by nearly seven times. The pump was shut down after 24 hours and the well was allowed to recover while being monitored. Well data is included in Appendix A. MONITORING WELLS Three neighboring wells were monitored before, during and after the pump test. The monitoring wells are located in three different directions from WD -1 (see Figure 1, Location Map). Martin Well, located 719 feet north and Hammes Well, located 1,222 feet east, both share the same aquifer as WD -1 and the static water level in each is at the same elevation. Martin Well is located 237 feet nearer to WD -1 than is Crystal Spring (see Figure 1). The point of discharge of the spring is at the same elevation as the wells. Any impact on Crystal Spring would be first noticed at the Martin Well, therefore, the well was monitored as a means to detect any impact on the Crystal Spring. Cowen Well, located 1,541 feet south, is completed in a different aquifer and the static water level is over 150 feet lower in elevation. The static water level in the monitoring wells was measured for one week prior to the pump test and periodically during the pump test. Readings were also made after the pumping was completed. Well data is included in Appendix A. SPRINGS AND SEEPS Four springs and seeps located in Crystal Spring Creek were monitored before, during and after the test. The springs are located at or above the spring which feeds Mr. Clifford Cerise's domestic pipeline and also above the Thelma Ditch headgate. One monitoring point was located at Cerise Spring and consisted of a 1% inch PVC pipe installed horizontally into the spring. The pipe had a 90° elbow and riser at the down stream end which provided a static water level for monitoring. The uppermost monitoring point (Spring No. 1) consisted of a 1'/4 inch piezometer pipe installed vertically into a spring emanating from the creek bottom. This point was located at the highest point of discernable flow in the creek. The creek was dry above this point. 3 Two additional "pools" served as monitoring points between the upper piezometer and the lower piezometer at Crystal Spring. The elevation of the springs are over 140 feet lower than the static water level in the wells. All of the springs were monitored for one week prior to conducting the test to establish a base line datum and then monitored during and after pumping. RESULTS BASELINE DATA The baseline data for the wells and springs is shown in Appendix B and presented graphically in Figure 2. It can be seen from the data that the static water level in all the wells was stable prior tothe test. No measurable fluctuations were noted in any of the wells during the monitoring period preceding the pump test. The elevation of the static water level in Martin Well, Hammes Well and WD -1 was nearly equal. These three wells are believed to be hydraulically connected. In addition, the elevation of Crystal Spring was surveyed and found to be at the same elevation as the wells and is also believed to be hydraulically connected to the wells. Cerise Spring and monitoring point No. 2 also exhibited no falling or fluctuating levels during the baseline period. Monitoring points No. 1 and No. 2, however, showed a falling head during the week preceding the test. The total drop in head was 0.11 feet for No. 1 and 0.15 feet for No. 2 prior to pumping. PUMP TEST DRAWDOWN WD -1 was pumped for a total of 24 hours without interruption and well drawdown was monitored throughout the pumping period. The drawdown data is included in Appendix C and shown graphically in Figure 3. The well was pumped at a rate of 50 gpm for the first 370 minutes. The well reached a state of equilibrium at a drawdown of 14.3 feet after 90 minutes (see Figure 3). The pumping rate was increased to 69.6 gpm (maximum pumping rate of the pump) for the remaining period of the test. The well again reached a state of equilibrium, this time at a drawdown of 23.3 feet. 4 z_ — as :-- cit r) y 1 I J 5 - =_ == �_ _— cv M ��1 M`a zi4 The static water level in all three monitoring wells was observed throughout the pumping period. At no time did the monitoring wells show any drawdown indicating that they were unaffected by the pumping test. The data is included in Appendix 8 and presented graphically in Figures 2 and 3. Once a well has reached a state of equilibrium the drawdown and the extent of the cone of depression do not increase. At the point of equilibrium the amount of water flowing towards the well from the surrounding aquifer is equal to the pumping rate. Once equilibrium is reached any impact on the aquifer and surrounding wells or springs will not increase even with continuous pumping of the well. The Wooden Deer Well exhibited the ability to yield at least 69.6 gpm at a state of equilibrium with a drawdown of 23.3 feet. The lower two springs in Crystal Spring Creek were also stable prior to the pumping period and, remained stable during the test. No drop in piezometric head was noted at either spring. The upper two springs, which had exhibited a slow steady decline prior to pumping, continued the same trend during the test. A copy of the data is included in Appendix B and is also shown graphically in Figure 2. PUMP TEST RECOVERY WD -1 was allowed to recover after 24 hours of pumping and 23.3 feet of drawdown. The recovery was monitored for two hours. The data is included in Appendix C and shown graphically in Figure 4. The well recovered quickly and after only two hours was within 0.8 feet of it's original static water level. All three monitoring wells and the springs were also checked during the recovery period and showed no change. AQUIFER CHARACTERISTICS The data collected at the pumping well (WD -1) was used to calculate transmissivity and permeability of the aquifer and the radius of influence of the pumping. Figure 5 shows the aquifer cross-section at Well WD -1. 7 Transmissivitv was calculated using the Jacob Modification of the Theis Formula: T = 264 Q AS Where: T = Transmissivity Q = Pumping Rate, 50 gpm AS = Slope of the time drawdown graph and time recovery graph T = 4062 GPD/FT (using slope of time -drawdown graph) T = 4714 GPD/FT (using slope of time -recovery graph) These values are reasonable fora sandstone formation aquifer. Aquifer permeability and transmissivity are related by the formula: P = T m Where: P = Permeability (GPD/SF) T = Transmissivity (GPD/FT) m = Aquifer Thickness (FT) The penetrated aquifer thickness in WD -1 is 45 feet and therefore the permeability is between 90 and 105 GPD/SF. The radius of influence can be calculated using the equilibrium well formula: Q = Pm (H -h) 528 log R/r Where: Q = Pumping rate (GPM) P = Permeability (GPD/FT) m = Aquifer thickness (FT) H = Saturated thickness of aquifer before pumping (FT) h = depth of water at equilibrium (FT) R = Radius of cone of depression (FT) r = Radius of well (FT) The radius of influence equals 75 feet at P = 105 GPD/SF and 32 feet at P = 90 GPD/SF when calculated using a 50 gpm pumping rate. 8 7 6- 5 8_ o_ 3_ 3 _ ' — 7 1 1y 2_ AQUIFER CROSS SECTION WOODEN DEER WELL (WD -1) GROUND SURFACE I LL 1 1 1 1 1 1 1 1 1 1 1 1 1 1 HITT-1/1 I 1 /l a 1 1 IS�,1 1 •1 1 1 ' 1 . \ 1 , r I, 1 1 1 1 1 11 I J 1 i '• rT-rfi r I i/ r 1/ ' 1) L 1 I 1 1 1/ 1 11 !.' 1TI) 11111I'I'11 j1111 Il11 1 1111I!;t iit1I1111/)r, 1 / /i 1 , 1), 1( ` 1 1 1 1 1 1 1 / 1 BROWN CLAYS & SHALES DEPTH (ft.) 0 1 11101110111 Fi 1 1 1 ( .11 1111 11 11 IIiil 11( RIEN MUS H 11(11(r WELL CASING •�'1 1 I r l I i 11 I r I 1 11 7 1I,1 1111 (1 1 I11 11 1 1'1 1 1 1 1 lfRw 1 1 1(1111) 111111 /_ 1 1 11.111(1)11, 1111 11 I I I' 111'11 1111 11 I j l 1 1 1 1 11 'I '1 1 IL 100 11 1 r 1 1'' 1 1' 1 1 I i 1 1 11 1( 1 1 I I I I I 1 I 11 1 :11 20 _(RADIUS OF INFLUENCE) — 120 75' STATIC WATER LEVEL CONE OF DEPRESSION • • . (Water Bearing Aquifer) . BROWN SANDSTONE • ... DRAWDOWN @ 50 gpm 1 • • •0° 0° 0 0 •• (14.3 FEET) 140 DRAWDOWN @ 70 gpm • •• 160 • •(23.3 FEET)• • .• PERFORATED CASING • . - • , (155'-200')• • 180 . , .1 . • •i ••• . V. , • . . • • . _ 1. . . . •_ • • ' 200 • • • • • • , FIGURE 5 JOB NO. 267-2.0 NOT TO SCALE . "-"RESOURCE IMNR H N G I N E F R I N G I N C. 1 , I f 1 1 1 1 I I 1 11 11 1ITLj.,11 11 i I III I 1 1 11111 i11I 11 l 11111' ii1 111 (_I 111 ,•111 IJ 1 , I j; 1 11 1 1 1 11 iII 1)1!:: 11/►1I VOLCANICS !l r,i!(IT ',;' �, I _,1; i1;. i 1,1 I 1 1 I l 1: )'r' , 4','14 1 /1 )1 111 i,1 , I\ I LL 1 1 1 1 1 1 1 1 1 1 1 1 1 1 HITT-1/1 I 1 /l a 1 1 IS�,1 1 •1 1 1 ' 1 . \ 1 , r I, 1 1 1 1 1 11 I J 1 i '• rT-rfi r I i/ r 1/ ' 1) L 1 I 1 1 1/ 1 11 !.' 1TI) 11111I'I'11 j1111 Il11 1 1111I!;t iit1I1111/)r, 1 / /i 1 , 1), 1( ` 1 1 1 1 1 1 1 / 1 BROWN CLAYS & SHALES DEPTH (ft.) 0 1 11101110111 Fi 1 1 1 ( .11 1111 11 11 IIiil 11( RIEN MUS H 11(11(r WELL CASING •�'1 1 I r l I i 11 I r I 1 11 7 1I,1 1111 (1 1 I11 11 1 1'1 1 1 1 1 lfRw 1 1 1(1111) 111111 /_ 1 1 11.111(1)11, 1111 11 I I I' 111'11 1111 11 I j l 1 1 1 1 11 'I '1 1 IL 100 11 1 r 1 1'' 1 1' 1 1 I i 1 1 11 1( 1 1 I I I I I 1 I 11 1 :11 20 _(RADIUS OF INFLUENCE) — 120 75' STATIC WATER LEVEL CONE OF DEPRESSION • • . (Water Bearing Aquifer) . BROWN SANDSTONE • ... DRAWDOWN @ 50 gpm 1 • • •0° 0° 0 0 •• (14.3 FEET) 140 DRAWDOWN @ 70 gpm • •• 160 • •(23.3 FEET)• • .• PERFORATED CASING • . - • , (155'-200')• • 180 . , .1 . • •i ••• . V. , • . . • • . _ 1. . . . •_ • • ' 200 • • • • • • , FIGURE 5 JOB NO. 267-2.0 NOT TO SCALE . "-"RESOURCE IMNR H N G I N E F R I N G I N C. SUMMARY AND CONCLUSIONS SUMMARY The pump test on WD -1 was conducted for a period of 24 hours at pumping rates far exceeding the expected peak diversions associated with the subdivision development. The total water pumped during the test was 93,000 gallons which is equivalent to nearly seven days of average water demand assuming full development, and occupancy. The water requirement at full development of the 22 tot Wooden Deer Subdivision was based on in-house uses for 22 single family homes each with an additional 50 percent water use for a guest/caretaker quarters. In addition to the in-house uses, there is an allotment for irrigation of up to 2,000 square feet of lawn and garden per lot. We believe the water requirement figures are conservatively high since guest/caretaker uses and irrigation uses represent maximum allowable uses which may or may not be fully developed. The well was pump tested at a time when seasonal fluctuations have lowered the piezometric head in the aquifer to its lowest elevation. Pumping would have it's greatest impact on the neighboring wells and springs at this time and, therefore, it is our opinion that the date of the test was the best time to measure any impact. Three wells and four springs were monitored prior to, during and after the test. The location of the monitoring points literally surround the WD -1 well location. None of the wells or springs showed any impact from the pumping. In addition the Crystal Spring, because of it's location relative to WD -1 and Martin Well (which showed no impact), will not be impacted by operation of Well WD -1. The•well reached a state of equilibrium at a pumping rate of 50 gpm with a drawdown of only 14.3 feet and again at a pumping rate of 69.6 gpm with a drawdown of only 23.3 feet. Available drawdown at the current water table elevation is 60 1 feet indicating that the yield of the well could be as much as 100 grim.. The aquifer characteristics calculated using the data from the test indicate that the aquifer has a transmissivity of 4100 to 4700 GPD/FT and a permeability of 90 to 105 GPD/SF. The radius of the cone of depression at a pumping rate of 50 gpm is less than 100 feet. 11 CONCLUSIONS Test data shows that the Wooden Deer Well can meet the water demand of the proposed development without impacting the neighboring wells and springs. The results of the pump test support the conclusion that the Crystal Spring Creek flow will not be impacted by the pumping of WD -1 in the amounts proposed in the plan for augmentation (Case No. 91 CW189). As a result, it is our opinion. that no injury will occur to any Crystal Spring Creek water rights due to operation of the well. The Ron Martin well was not impacted by the pumping. It's static water level is equal to the static water level in WD -1. The location of Martin's well is in line with and closer to WD -1 than Crystal Springs. The spring emanates from the ground at the same elevation as the static water level in the wells. Therefore, we conclude that the well will not impact Crystal Spring. We believe that the Crystal Spring drainage is fed by a large regional aquifer which is recharged by precipitation, snowmelt and irrigation water. The aerial extent of the recharge area includes much of Missouri Heights. During the winter and early spring the recharge is very limited and the water table generally drops. As snowmelt, spring rains and irrigation of lands in the basin begin to recharge the aquifer, inflow exceeds outflow and the water table rises. The amount of recharge over the many square miles of area and the large storage capacity of the aquifer far exceed the 15 acre feet of water to be removed from the aquifer for the Wooden Deer Subdivision. The Cerise Spring and other springs and seeps which feed lower Crystal Spring Creek showed no impact from the pumping. These springs are 140 to 150 feet lower in elevation than the static water level in WD -1. These springs are believed to be fed by small fractures in the formation and the flow is limited by the number and size of the fractures and the piezometric head (pressure) on the aquifer. Since the well pumping had no impact on the static water level of the wells which are much closer to WD -1 than the Cerise Springs, it would have no impact on the springs. It is our conclusion that the pumping of WD -1 will not impact the springs and therefore not impact the flow in Crystal Spring Creek. 12 The pump test was completed in cooperation with Ms. Lisa Rowley of Earth Resource Investigations. Ms. Rowley represents Clifford Cerise one of the objectors to the plan for augmentation. Ms. Rowley was responsible for some of the data collected and presented in this report. Any quesrions may be directed to Mr. Paul Bussone at Resource Engineering, Inc. Respectfully submitted: RESOURCE ENGINEERING, INC. cl,L4) Paul S. Bussone, P.E. Water Resource Engineer PSB/mmm 267-2.0 ~"°vir.z r 13 iCr-'47F‘ R. Scott Fifer Hydrologist APPENDIX A WELL DATA LAST NAME. Martin ADDRESS. 1584 103 Road CITY: Carbone:ale LOCATION: Missouri Hts LEGAL. NW SW Sec 24 T75 FR88W SUBDIVISION: PRICE: 10IAL. TOTAL DRILLED. 140 tJ$E. H COMPLETION TIME. a hours ST: Co CASINGS 7": 000 to 023 ..STEEL 5 112": 020 to 135 PVC 5". .PERFORATED. 095 to 135 OPEN HOLE. 135 to 140 MISC. AMT DUE. CASING 7" COMMENT iv Comment #2: FIRST NAME Ron PERMIT NAME, Martin, Ron ? ZIP: 81623 DATE. 6/7/82 DISTANCE: PH it PERMIT* 116965 ACRES: RIG TYPE: DEPTH. 140 STATIC,. 90 GPM: 18 REPORTED: ? PER. EXP. 10/29/82 PUMP: ? PORMATION. 000 to 140 Alluvium . 4 . AQUIFER Alluvium WATER LOCATED. 00 to 125 BALANCE. DATE DUE: 5.5": 5" PVC. 4.5": 4". FEB 02 '00 10:55 5HELTON DRILL CO. LAST NAME: Hammes ADDRESS: 1490 Brookeside Commons CITY: Annapolis ST: LOCATION: Missouri Hts. LEGAL: SW SW Sec 24 T7S R88W SUBDIVISION: PRICE. TOTAL: TOTAI. DRILLED: 220 USE: D COMPLETION TIME: 12 hours CASING 7": 000 to 030 ..STEEL 5 1/2— PVC /2'"PVC 5"' 020 to 220 .PERFORATED 170 to 220 . OPEN HOLE: MISC: AMT DUE. CASING T" 30 303 927 :801 Page - 1 TO: • 10 ' a Lit_ 2 (1 n GQ FIRST NAME: Micheal PERMIT NAME: Hamme, Micheal MC ZIP- 21401 DATE: 7/23/91 DISTANCE: PH #: PERMIT #: 161551 ACRES. RIG TYPE: Rotary DEPTH' 220 STATIC: 165 GPM: 15 REPORTED: 8/2191 INV#: C-512 PER. EXP PUMP: Aqua T'tc FORMATION. 000 to 115 Volcanic* . 115 to 220 Brown Sandstone .3. AQUIFER Eagle Valley Form. WATER LOCATED. 165 1 - BALANCE: 5.5": COMMENT #1: Drilled under MH -17664 Comment #2: ...................._,.fl*. e PATE DUE. 5" PVC: 200 4.5"' 4": FI L WF; 1 PERMIT NUMBE. 2. MH -18363 OWNER'S NAME(S) Cam-bow:talc: Land D=vmlopmmnt Corp. Mailing Address F. 0. Bow 9705 City. St Zip Ampen. Ca. 81612 'one (303) 920-4477 APPROVAL $ GWS31-91-03 WELL LOCATION AS DRILLED • SV 114 S157 114 Sec. 24 Twp. 7S . Range 881T DISTANCE FROM SEC. ONES : Ft From Sec. Une. And Ft From Sec. Une. Cr SUBDIVISION: LOT BLOCK RUNG (UNIT) STREET ADDRESS ATWELL LOCATION : 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD: Air Rotary DATE COMPLETED 11/05/91 . TOTAL DEPTH 200 ft. COMPLETED DEPTH 200 ft 15. GEOLOGIC Depth LOG: 'type of Material (Size. Color. Type and Water Lodatectl b. HOLE DAM. (in) FROM (ft) TO (ft) 9.0 0. 0 30 000-115 Volcanic= . Flows , Cinders 6.530 20 O• 115-150 Brown Clays, Shales 15 0 20 0 Brown Sands t one 7. PLAIN CASING OD(in) Kind Wall Size From (ft) To (ft) -- 111Nirerk-.1: • - ; • 7.0 Steel 0.240 0.0 30 5.5 PVC 0.250 20 155 , NO1 VI .: PERF, CASING : Screen Slot Sze: F. t."--: ' •*., , . .0 •••-• '"' 5.5- PVC 0.250 155 200 8. Filter Pack Material Size Interval 9. Packer Placement Type Depth WA i C.1 -I LOCATED : 155 + REMARKS: . • • 10. GROUTING RECORD: Material Amount Density Interval Placement cement 3 sks 6 cra 1/sid 0-30 Poured 11. DISINFECTTON : Tvpe IITH Amt. Used 2 oz. 12. WEIL. TEST DATA : [1 Check Box If Test Data ls Submitted On Supplemental Form. TESTING METHOD : "-Air compres.sor Static Level: 140 ft. DatefTime Measured 11/05/91 • Production Rate 30 +gPm Pumping Level: Total ft Date/Time Measured 11/05/91 Test Length (hrs) 2 Remarks: 1 heel mete tne innwilsoni tome mecum MO know TO• cements memo orio that May nro ?ma to nv mermee9p. (ptalazint to Secoon 24-4-104(1 3Xat CAS. the noting of false statements nerein =12sItalte Maly In the manta ttwhiree end le oursehaoie am a curs 1rtsetterneenocl CONTRACTOR: Shelton Drilling Co. Phone: 303-927-4182 tic. No. 1095 Mailing Address: PO Box 1059 Basal t. Co . 816)21: V Nims 71111* (nduiLito TWO or Print) aynet Tnelton Ovner 11/06/91 FILE COPY APPENDIX B MONITORING DATA WOODEN DEER WELL PUMP TEST STATIC WATER ELEVATIONS CRYSTAL SPRING CREEK SPRINGS DATE SPRING #1 SPRING #2 SPRING #3 CERISE SPRING 04/21/82 -- 0.25 0.57 -- 04/22/92 0'20 0.24 0.57 0.58 04/23/92 0.23 0.24 0.58 0.58 04/24/92 0.24 0.25 0.E8 0.58 04/25/92 -- __ __ ---- _O4/2O/S2 04/26/92 -- '-- __ ---- _O4/27/S2 04/27/92 0.28 0.32 0.58 0.58 04/28/92 0.30 0.37 0.58 0.58 04/29/82 0.31 0.40 0.58 0.59 04/30/92 0.33 -- 0.58 0.58 WOODEN DEER WELL PUMP TEST STATIC WATER ELEVATIONS MONITORING WELLS (FEET BELOW TOP OF CASING) DATE . WD NO. 1 WELL HAMMES WELL MARTIN WELL COWEN WELL 11/13/91 133.2 --- - O3/J1/32 132.2 ' 04/13/92 132.2 04/20/32 132.1 157.9 78.7 04/21/82 --- 04/22/82 132.2 157.9 04/23/33 '-- 04/34/92 04/27/32 132'2 04/28/82 132.15 78.6 61.4 04/29/32 132.2 157.9 78.65 61.4 04/30/92 --- 157.8 78.6 61.4 APPENDIX C PUMP TEST DATA WELL TEST REPORT rr N Water Level 5') r‘( Draw Down Water Level Well Log Depth Draw Down CO 471 N C (7) 01 ul a 'a' a. 3 E a. E .71 O. E RECOVERY 1 LEVEL \r"‘ 7- .-cfrrmv-Irsr,ryliq-An . /(}c<t,r -...---.-- --- , o •-• CU CI 'V 0.1 CO CO 0 0.1 15 ay 30 40 50 o co .c-N) 5- ..,4 t• 0 C4 0 ("7 40 50 0 40 • to ct- ...= 1 TIME z 0 c) 3 < ccZ 0 DRAWDOWN GPM I-- .4 kr MIN. I LEVEL ;, ;ici .• . fr.: 0 --„ `, NI tt<, -,,,L• -..1,rt (,,;;; •,,...„4....„....,.. 1 t ,.. Q-1.3 4"..7"-r---0 ,;'';-,TIL-.,,, --, ... ... — --- -;,--:013.--,r:,zr.--;.cr-44-1,cAl-:. .____ _ __„__ rf' (-1,0 _ __ rn IN,^ rrN NI r....'•431.rst4, 'c;f-d„ • 02' 60 -a' 60 100 5 6 0 ..-N z•••• 1; irsto"A til 0 0 ci).-.. to ii -,13s.1 -it • ' • ......-1 . - el -Kr . Ls) co co o 12 15 20 30 40 50 60 0 '6.1 2 .4.•---) r.' ..0 rc) c-, trvn I-- r-, r-- 1--- 0 m t() r- rf) td , VA) cr., tnin tr., M ... -I. s • ---, - • .721.\" '.. co el N45 *-- , .. 0 c., t" .4-• ••• ---1) 1..,, v, '' -t„ \cl •1i ,<, .1.. 1/4" ,$), \P .,.. r -r) UN Cj •. q-.... ..3 1./‘ Tr. 5. co .i RECOVERY 1 LEVEL . , M co r^ 0.1 el -51- tt, 0 CO 0 r- CI r- Ill 1.'" 0 C4 0 ("7 40 50 0 40 ...= 1 TIME DRAWDOWN GPM 51, LI -1 –1 1 t ,.. kt) 711 i 4 i • 02' 60 -a' 60 100 5 6 0 0.1 til 0 0 40 50 60 90 120 180 III r s - s,- A• - --... . :T- r e' • -4 E z tul 0I o E zi z 0 0 a. 0 —t 0 0 0 0 0. • C C > 00- -.a 7 (a 0 3 a ct Well Log Depth Well Log Depth 0 1:1 0 0 1 RECOVERY LEVEL ...o r 0 r- CV CI rr Ill 03 03 0 N 10 0 0 0 0 UJ M R tr - • 1" DOWN M a. a 0 a CC C:t GPM • ,.9 ((i MIN. I LEVEL tr. in •-.. •..9 Li •9 Vi ...9 trl '9 W `-1 \ ,. v I ....1 ti\ "11 ,,. .-- . '. --.. - $s" ....si tr --11-i--- ^••••••I 4-1 ••••.. cr—crt— kr) ........ \A *"^•• \"\ , --"s•-•.- .r.... r ----. , t„ ••••••-• DRAW 0 — 01 07 1.0 0 a3 0 .... N r- t()0 r.- 01 VI • 0 10 0 43 kt.) '1 \ I J 141k0 I TIME ...._. ril l.n . , 3ECOVERY LEVEL ...o r . r- CV cn -a to U3 43 001 .,- ,-• '0 ro 0 Ca 0 07 0 .0* so 1 UJ M R tr - • 1" DOWN M a. a ,.9 ((i •..9 Li •9 Vi ...9 trl '9 W `-1 \ ,. v I ....1 ti\ "11 k .NN `.11 • t 41 "44 , - $s" ....si tr)`4` --.9 . 4s)• ,..i‘• '1;6 '414N, , \"\ , a " -3 ' DRAW .- ,-• ,-• csi €7 40 1 tsf •,9 I TIME •••. 5 2 5 •••-•"-• • '1 t -0 -rr = -•• 7.7 - • ) 1," c<1 r-A•vras<1 The static water level in all three monitoring wells was observed throughout the pumping period. At no time did the monitoring wells show any drawdown indicating that they were unaffected by the pumping test. The data is included in Appendix B and presented graphically in Figures 2 and 3. Once a well has reached a state of equilibrium the drawdown and the extent of the cone of depression do not increase. At the point of equilibrium the amount of water flowing towards the well from the surrounding aquifer is equal to the pumping rate. Once equilibrium is reached any impact on the aquifer and surrounding wells or springs will not increase even with continuous pumping of the well. The Wooden Deer Well exhibited the ability to yield at least 69.6 gpm at a state of equilibrium with a drawdown of 23.3 feet. The lower two springs in Crystal Spring Creek were also stable prior to the pumping period and, remained stable during the test. No drop in piezometric head was noted at either spring. The upper two springs, which had exhibited a slow steady decline prior to pumping, continued the same trend during the test. A copy of the data is included in Appendix B and is also shown graphically in Figure 2. PUMP TEST RECOVERY WD -1 was allowed to recover after 24 hours of pumping and 23.3 feet of drawdown. The recovery was monitored for two hours. The data is included in Appendix C and shown graphically iri Figure 4. The well recovered quickly and after only two hours was within 0.8 feet of it's original static water level. AU three monitoring wells and the springs were also checked during the recovery period and showed no change. AQUIFER CHARACTERISTICS The data collected at the pumping well (WD -1) was used to calculate transmissivity and permeability of the aquifer and the radius of influence of the pumping. Figure 5 shows the aquifer cross-section at Well WD -1. 7 Transmissivitv was calculated using the Jacob Modification of the Theis Formula: T = 264 Q AS Where: T = Transmissivity Q = Pumping Rate, 50 gpm AS= Slope of the time drawdown graph and time recovery graph T = 4062 GPD/FT (using slope of time -drawdown graph) T = 4714 GPD/FT (using slope of time -recovery graph) These values are reasonable fora sandstone formation aquifer. Aquifer permeability and transmissivity are related by the formula: P = T Where: m P = Permeability (GPD/SF) T = Transmissivity (GPD/FT) m = Aquifer Thickness (FT) The penetrated aquifer thickness in WD -1 is 45 feet and therefore the permeability is between 90 and 105 GPD/SF. The radius of influence can be calculated using the equilibrium well formula: Q = Pm (H -h) 528 log R/r Where: Q = Pumping rate (GPM) P = Permeability (GPD/FT) m = Aquifer thickness (FT) H = Saturated thickness of aquifer before pumping (FT) h = depth of water at equilibrium (FT) R = Radius of cone of depression (FT) r = Radius of well (FT) The radius of influence equals 75 feet at P = 105 GPD/SF and 32 feet at P = 90 GPD/SF when calculated using a 50 gpm pumping rate. 8 7 5 9--- ---— 5_ 3_-_ 2___ 3 6-- 3_ 7_ I J oft (J ) n az! AQUIFER CROSS SECTION WOODEN DEER WELL (WD -1) GROUND SURFACE 111(1 111 � � I 1 1 11 r I1;!! 11 rIu1111k111"11 ., 1 1 t l' t i 1 • 1_ 1L i 11 I► i t l i 1;11T1(r 1/1 it iii1111111/1111 r. I111I1I'I'11i11H 1111 '111r 1;111x1 i 1 111 1 I I t ! ! BROWN CLAYS & SHALES 1 1(1 1 .1 WELL CASING 1 t 1 1 II 1(1('11' (17 1j ( 1 11 1 ) 1 HII111IIIIII 11111 1 (1 ! I I , i t J I I 11 1 I I I I' III 1 1 1 1 1( t 1, t i r l r i 1 1' 1 1 111 1 I 111 I I " I 11 1 I 1' l i I I( II 11 1\ 11 1 ) 1 mill 1 11 1, x: 111 (RADIUS OF INFLUENCE) _ 120 75' STATIC WATER LEVEL CONE OF DEPRESSION BROWN SANDSTONE • . (Water Bearing Aquifer) i • JOB NO. 267-2.0 1 • 0 00 o° • •• •. • . •. DRAWDOWN @ 50 gpm (14.3 FEET) FIGURE 5 • . • , • • . • DRAWDOWN _@ 70 gpm • • . (23.3 FEET) • • • PERFORATED CASING . • • (155'-200') • • • • • 00 NOT TO SCALE ..... ■EY■ @ N G I N E E FI I N G IN I 1 1 1 1 1 I (! 1 11 1+ ITL/ i 1 1 1 1 1 1 1 III 1 1 l 1L 11 L L I 111111 1 1 1) ; I 1, 11 1 t i l 1 r) I >, ! I !1 U I(1)�111''VOLCANICSJ1l i 11i!( III1.1 1,1r�1r. • til 1 t; 1 1 1 1 I i 1; 1 1 1 , 11, iI'1 ([1(1111 1111 1 I 1 11 ! I I 11 I I' 1 1 1 1\ 111(1 111 � � I 1 1 11 r I1;!! 11 rIu1111k111"11 ., 1 1 t l' t i 1 • 1_ 1L i 11 I► i t l i 1;11T1(r 1/1 it iii1111111/1111 r. I111I1I'I'11i11H 1111 '111r 1;111x1 i 1 111 1 I I t ! ! BROWN CLAYS & SHALES 1 1(1 1 .1 WELL CASING 1 t 1 1 II 1(1('11' (17 1j ( 1 11 1 ) 1 HII111IIIIII 11111 1 (1 ! I I , i t J I I 11 1 I I I I' III 1 1 1 1 1( t 1, t i r l r i 1 1' 1 1 111 1 I 111 I I " I 11 1 I 1' l i I I( II 11 1\ 11 1 ) 1 mill 1 11 1, x: 111 (RADIUS OF INFLUENCE) _ 120 75' STATIC WATER LEVEL CONE OF DEPRESSION BROWN SANDSTONE • . (Water Bearing Aquifer) i • JOB NO. 267-2.0 1 • 0 00 o° • •• •. • . •. DRAWDOWN @ 50 gpm (14.3 FEET) FIGURE 5 • . • , • • . • DRAWDOWN _@ 70 gpm • • . (23.3 FEET) • • • PERFORATED CASING . • • (155'-200') • • • • • 00 NOT TO SCALE ..... ■EY■ @ N G I N E E FI I N G IN SUMMARY AND CONCLUSIONS SUMMARY The pump test on WD -1 was conducted for a period of 24 hours at pumping rates far exceeding the expected peak diversions associated with the subdivision development. The total water pumped during the test was 93,000 gallons which is equivalent to nearly seven days of average water demand assuming full development, and occupancy. The water requirement at full development of the 22 lot Wooden Deer Subdivision was based on in-house uses for 22 single family homes each with an additional 50 percent water use for a guest/caretaker quarters. In addition to the in-house uses, there is an allotment for irrigation of up to 2,000 square feet of lawn and garden per lot. We believe the water requirement figures are conservatively high since guest/caretaker uses and irrigation uses represent maximum allowable uses which may or may not be fully developed. The well was pump tested at a time when seasonal fluctuations have lowered the piezometric head in the aquifer to its lowest elevation. Pumping would have it's greatest impact on the neighboring wells and springs at this time and, therefore, it is our opinion that the date of the test was the best time to measure any impact. Three wells and four springs were monitored prior to, during and after the test. The location of the monitoring points literally surround the WD -1 well location. None of the wells or springs showed any impact from the pumping. In addition the Crystal Spring, because of it's location relative to WD -1 and Martin Well (which showed no impact), will not be impacted by operation of Well WD -1. The"well reached a state of equilibrium at a pumping rate of 50 gpm with a drawdown of only 14.3 feet and again at a pumping rate of 69.6 gpm with a drawdown of only 23.3 feet. Available drawdown at the current water table elevation is 60 feet indicating that the yield of the well could be as much as 100 gpm.. The aquifer characteristics calculated using the data from the test indicate that the aquifer has a transmissivity of 4100 to 4700 GPD/Fr and a permeability of 90 to 105 GPD/SF. The radius of the cone of depression at a pumping rate of 50 gpm is less than 100 feet. 11 CONCLUSIONS Test data shows that the Wooden Deer Well can meet the water demand of the proposed development without impacting the neighboring wells and springs. The results of the pump test support the conclusion that the Crystal Spring Creek flow will not be impacted by the pumping of WD -1 in the amounts proposed in the plan for augmentation (Case No. 91 CW189). As a result, it is our opinion. that no injury will occur to any Crystal Spring Creek water rights due to operation of the well. The Ron Martin well was not impacted by the pumping. It's static water level is equal to the static water level in WD -1. The location of Martin's well is in line with and closer to WD -1 than Crystal Springs. The spring emanates from the ground at the same elevation as the static water level in the wells. Therefore, we conclude that the well will not impact Crystal Spring. We believe that the Crystal Spring drainage is fed by a large regional aquifer which is recharged by precipitation, snowmelt and irrigation water. The aerial extent of the recharge area includes much of Missouri Heights. During the winter and early spring the recharge is very limited and the water table generally drops. As snowmelt, spring rains and irrigation of lands in the basin begin to recharge the aquifer, inflow exceeds outflow and the water table rises. The amount of recharge over the many square miles of area and the Targe storage capacity of the aquifer far exceed the 15 acre feet of water to be removed from the aquifer for the Wooden Deer Subdivision. The Cerise Spring and other springs and seeps which feed lower Crystal Spring Creek showed no impact from the pumping. These springs are 140 to 150 feet lower in elevation than the static water level in WD -1. These springs are believed to be fed by small fractures in the formation and the flow is limited by the number and size of the fractures and the piezometric head (pressure) on the aquifer. Since the well pumping had no impact on the static water level of the wells which are much closer to WD -1 than the Cerise Springs, it would have no impact on the springs. It is our conclusion that the pumping of WD -1 will not impact the springs and therefore not impact the flow in Crystal Spring Creek. 12 The pump test was completed in cooperation with Ms. Lisa Rowley of Earth Resource Investigations. Ms. Rowley represents Clifford Cerise one of the objectors to the plan for augmentation. Ms. Rowley was responsible for some of the data collected and presented in this report. Any questions may be directed to Mr. Paul Bussone at Resource Engineering, inc. Respectfully submitted: RESOURCE ENGINEERING, INC. P.E.Paul S. Bussone, Water Resource Engineer PSB/mmm 267-2.0 wdwptr.267 13 R. Scott Fifer APPENDIX A WELL DATA LAST NAME. Martin ADDRESS. 1584 103 Road CITY: Carbonaale LOCATION: Missouri Hts LEGAL. NW SW Sec 24 T7S R88W SUBDIVISION: PRICE: IOIAL. TOTAL DRILLED. 140 COMPLETION TIME. a hours CASINGS 7": 000 to 023 ..STEEL 5 1/2": 020 to 135 PVC 5". .PERFORATED. 095 to 135 OPEN HOLE. 135 to 140 MISC. ST: Co USE. H FIRST NAME: Ron PERMIT NAME. Martin, Ron ? ZIP: 81623 PH #: DATE. 6/7/82 DISTANCE: PERMIT* 116965 ACRES: RIC TYPE: DEPTH. 140 STATIC. 90 GPM: 18 REPORTED: PER. EXP. 10/29/82 PUMP: ? FORMATION. 000 to 140 Alluvium 2 . AQUIFER Alluvium WATER LOCATED. 90 to 125 AMT DUE. SALANCZE. DATE DUE. CASING 7" 5.5": 5" PVC. 4.5": 4" COMMENT #1 Comment #2: FCS Q2 '00 10:55 SHELTON DRILL CO. LAST NAME: Hammes ADDRESS: 1490 Brookeside Commons CITY: Annapolis ST: MC LOCATION: Missouri Hts. LEGAL: SW SW Sec 24 T7S R88W SUBDIVISION: PRICE. TOTAL: TOTAL DRILLED: 220 USE: 0 COMPLETION TIME: 12 hours CASINGS 7": 000 to 030 ..STEEL 5 1/2 - PVC /2"PVC 5"' 020 to 220 .PERFORATED 170 to 220 . OPEN HOLE: ...MISC: AMT DUE. CASING 7" 30 303 927 3801 Page - 1 TO: ,♦ 1O i'atit. 12u s E - ca S-- 1# FIRST NAME: Micheal PERMIT NAME: Hamme, Micheal ZIP- 21401 DATE: 7/23/91 DISTANCE: DEPTH: 220 REPORTED: PER. EXP PH #: PERMIT #: 161551 ACRES. RIG TYPE: Rotary STATIC: 165 GPM: 15 8/2/91 INV#: C-512 PUMP: Aqua Tic FORMATION. 000 to 115 Volcanics . 115 to 220 Brown Sandstone . .3. A IUIFER Eagle Valley Form. WATER LOCATED. 165 + BALANCE: 5.5 COMMENT #1: Drilled under MH -17654 Comment #2: DATE DUE. 5" PVC: 200 4.5"' 4": Cl/ Fl 1. 12. * . 41....L.i.. I La, 'giros a 11111JIVIICIG. HE -18363 - .: OWNERBNAME(S) Carbondaim Land Dmvmlopamnt Corp. Mailing Address F. 0. Box. 9705 City. St Zip Aspen. Ca. 81612 'lone (303) 920-4477 • APPROVAL t GWS31-91-03 4. WELL LOCATION AS DRIU_ED : SV 1/4 SIT 1/4 Sec, 24 Twp. 7S , Range 88V DISTANCE FROM SEC. ONES : Ft From Sec. Une. And Ft From Sec. Une. Cr SUBDIVISION: LOT BLOCK RUNG (UNIT) STREET ADDRESS ATWELL LOCATION : GROUND SURFACE ELEVATION ft. DRILLING METHOD : Air Rotary DATE COMPLETED 11/05/91 . TOTAL DEPTH 200 ft COMPLETED DEPTH 200 ft. 15. GEOLOGIC LOG : Death .TYPe Material 6. HOLEDIAM. (in) FRZ5M (ft) TO (ft) et (Size. War. Type and Water Locatool 9 0 30 000-115 Volcanics, Flows. Cinders 6.5 . 30 20& 11 —isa Bron Clays, Shales _ 150-200 Brovn Sandstone 7. PLAIN CASING )t\ . • • 1 'il "r----7-- - • ' 00(in) Kind Wall Size From (ft) To (ft) ,-1, ___ ' 7.0 - — ------ Steel 0.240 0.0 30 5.5 PVC 0.250 20 155 0 1:1- lqii" -...,-...., .,_,..,..,. pc•i- '- PERF CASING : Screen Slot Size: 5.5 PVC 0.2501 155 200 8. Filter Pack 9. Packer Placement WA I Cr( LOCA I ell : 155 + Material Size Interval Type Depth • • REMARKS: 10. GROUTING RECORD: Malarial Amount Density interval Placement cement 3 sks 6 cra /410-30 poured • - • 11, DISINFECTTON : Tvpe HTE Amt. Used 2 12. WELL TEST DATA : (1 Check Box If Test Data Is Submitted On Supplemental Form. TESTING METHOD : compressor Static Level: 140 ft. Date/Time Measured Pumping Level: Total ft Date/Time Measured Remarks: 11/05/91 11/05/91 oz. Production Rate 30 +9Pm Test Length (hrs) 2 rove mill the orenimerne moos none" OM knower* esonerne 'retool. aro that Mo./ trUa to :IFInft4t1141pinun, the Immo decree and le ounterecie se a case 1 reescsomoorer) CONTRACTOR : Shelton Drilling Co. Phone: Mailing Address : PO Box 1059 Basal t Co. 81 Nam* I TX* (Please rm. orPtflq Vaguer1ton Owner SI trt/ KnO*1•090. OANSUarlt to Sea= 24+104 (13Xa) CRS. the makng of rase statements reran 303-927-4182 Uc. No. 1095 Data 11/06/91 FILE COPY APPENDIX B MONITORING DATA WOODEN DEER WELL PUMP TEST STATIC WATER ELEVATIONS CRYSTAL SPRNG CREEK SPRINGS DATE SPRING #1 SPRING #2 SPRING #3 CERISE SPRING 04/21/82 -- 0.25 0.57 -~ O4/22/82 0.20 • 0.24 0.57 0.58 04/23/92 0.23 0.24 0.58 0.58 04/24/92 0.24 0.25 0.58 0.58 04/25/92 __ -- --- -- 04/26/92 -- __ -- -- 04/27/92 0.29 0.32 0.58 0.58 04/28/83 0.30 0.37 0.E8 0.58 04/28/32 0.31 0.40 0.58 0.58 04/30/92 0.33 -- 0.58 0.58 W000EN DEER WELL PUMP TEST STATIC WATER ELEVATIONS MONITORING WELLS (FEET BELOW TOP OF CASING) . DATE WD NO. 1 HAMMES MARTIN COWEN WELL WELL WELL WELL 11/13/91 133.2 -__ --- 03/31/92 132.2 ' 04/13/92 132.2 __- 04/20/32 132.1 157.9 78.7 04/21/92 --- 04C22/92 132.2 157.9 04/23/82 --- 04/24/92 --- 04/27/92 132.2 04/28/82 132.15 78.6 61.4 04/28/83 132.2 157.9 78.85 61.4 04/30/92 157.9 78.6 61.4 - APPENDIX C PUMP TEST DATA WELL TEST REPORT O E Z 03 Q N N E ca Z Q 0 L a c'1 m 0 O a. Water Level 3 O 0 3 o` 0 0 0 O Of w 0. E a Well Log Depth kiTh a E a RECOVERY LEVEL 0 NIW .- N f•) O .- N l') 7 to co 00 O r .'o. ;a ® O N 40 50 0 co j� �j r. �. W N w Cs - CT DOWNf. 2 a. z CI 3 Ct CC Q GPM kr MIN. I LEVEL il 4 \ \ M p.:1' 'e=: -..3. -No _.' ( v r'NO M M fir t-,7 `� n-• n� J -N z --.0m l t 4� O .- N /7 7 _ to co t70 O N to 0 0 N 0 o 0 7 0 0 to CO 0 O 120 I 180 0 ^— 14 +' i T rcb r 1 0 f�VI v a d O v w 2 1:: i .• Q }. `^ ,c- -,) ep ....,, \-...'-‘1):� bo *- (n v -- • p .t}1 o ln \ M 'V.A1 '--a \-. i -� 11 • 1 RECOVERY I LEVEL 0 NIW .- N f•) 7 to CO CO 0 .- N •- to .- O N 0 f7 0 7 50 1 0 40 W N DOWNf. 2 a. J W aj ---, 1. p.:1' ri ~ ( (A til \1...1,.,- .f. r t L 'r "c 'e'f• . r r"! "' t41 ,.-.. v -, o t""\ r) OD OD 5 DUs .• Q Wc G I N. r "- v �� 5 0 0 E CO 0 Z < 0, 03 0 E -a z 0 0 0. T3 0 0 .c 0. 0 I 03 C C 0 00- 0 .a a. c 0 0) 0. E a.. 0 0 RECOVERY Th -- w w co Cs/ 0 C 0 0 0 0 0 r- 0.1 (0 IS) w 1/1 k.1" DRAWDOWN a_ !Li w 0,4 0 "Cr CD CO 0 0 04) co \g, w 1= kc t4, : ki) RECOVERY LEVEL ._.0 ad r .! .._. 0 — c., (.3 ..,. 00 CO CO 0 12 15 0 CV " 0 Nr 0 0 0 03 Lli 2 r= Cr - tr — '1"' ... _ Z 0 Ca Z a,-,- I GPM • ..,0 @ --' q) l'-' C6 N. r - . t-.-„,- 4 r- ,N 1.-.c-- si t*---+ •; • tkiN.41---S--.N.N "•,3 -si 41, . ,iN4 — s". \ sa I N •-•t—' fs t I - Z , 0 -.c., , Intococmmtn io os 0cilocogi.,..`242)-t% c.3 Z9) .1---14)`•••4NNe szp 0 -*'" w M If) October 16, 2015 Mark Miskiewicz mark81601@gmail.com CBO Inc. 33 Four Wheel Drive Road Carbondale, CO 81623 cell) 970-309-5259 office) 970-704-0484 carla.ostberg@gmail.com Onsite Wastewater Treatment System (OWTS) Inspection 499 Wooden Deer Garfield County, Colorado Mark, As requested, CBO Inc. performed an Onsite Wastewater Treatment System (OWTS) inspection at 499 Wooden Deer Road, Carbondale, Colorado on October 13, 2015. The legal description of the 7.87 -acre property is Lot 13, Wooden Deer Subdivision. The permit was provided by Garfield County Building and Sanitation Department. The subject OWTS consists of one 1250 -gallon, two-compartment Copeland concrete septic tank followed by a soil treatment area (STA) comprised of approximately 3 rows of 6 `Standard' Infiltrator® chambers and one row of 5 chambers for a total of 23 chambers. Using 18.75 square feet per chamber, there is approximately 431 square feet of infiltrative area. The system was installed in 1993 and was sized to accommodate a 3 - bedroom residence. Individual Sewage Disposal System Permit 2116 documents this OWTS. We understand remodel with an additional bedroom is proposed, which will result in a total of 4 - bedrooms. The 1250 -gallon, two-compartment septic tank is sized appropriately to accommodate 4 - bedrooms. Permit 2116 indicates a percolation rate of 10 minutes per inch (mpi), which is comparable to Soil Type 1 and a Long Term Acceptance Rate (LTAR) of 0.8 gallon/square foot. Design calculations in accordance to current code are as follows: 4 -bedrooms residence = 525 gallons/day 525 GPD / 0.8 gal/sq ft = 656 sq ft 656 sq ft x 1.0 (gravity trenches) x 0.7 (chambers) = 459 square feet The difference between the existing (431 square feet) versus the required (459 square feet) infiltrative area is negligible (28 square feet). The existing STA should be sufficient to accommodate a 4 -bedroom home. We assume the following: Wastewater flow will not exceed 525 gallons/day of normal residential wastewater. Soils are consistent with the recorded percolation rate of 10mpi. There is no groundwater or bedrock present within 4 -feet below the infiltrative area. Installation of the distribution box and STA were in accordance with best installation practices and are in good working order. The OWTS will receive ongoing routine maintenance. If any of these assumptions are incorrect, it could result in the existing STA being inadequate for continued use by a 4 -bedroom residence. A clean out is located near the house. It appears this has been filled with concrete, making it non- functional. The septic tank is located south of the residence. Both lids were accessible from grade. There were 3 -feet of risers on the inlet side and outlet sides of the septic tank. Both inlet and outlet tees were present, but tucked under the lids, not accessible from the manhole lids. The septic tank was pumped by Excavation Services prior to the inspection. The pumper reported that the effluent levels in the septic tank appeared to be normal prior to pumping. Typically, we recommend an effluent filter be installed on the outlet tee. In this case, the outlet tee is not accessible from the manhole lid and would need to be extended in order to install and maintain a filter. There were no inspection ports in the soil treatment area (STA) or access to any component connecting to the STA. We walked the approximate STA and there were no signs of surface saturation or evidence of failure at the time of the inspection. This evaluation is not a guarantee of future system performance. Disclaimer: This inspection is intended only as an evaluation of the present condition of the OWTS based upon what was observed and the Licensed Inspector's expertise in onsite wastewater technology. The inspector has not been retained to warrant or guarantee the property functioning of the system for any period of time in the future. Because of numerous factors which may affect the operation of an OWTS, as well as the inability of the Inspector to supervise or monitor the use or maintenance of this OWTS, this report shall not be construed as a warranty by the Inspector that the system will function properly for any particular prospective buyer, and the Inspector disclaims any warranty, either expressed or implied, arising from the inspection of the OWTS or this report. The evaluation does not ascertain the impact the system is having on groundwater. Please call with questions. Sincerely, 6 (Ct 00- 8 Carla Ostberg, MPH, REHS NAWT Certified Inspector Certification # 110441TC Exp. 2016 View of septic tank lids, looking north Tees tucked under tank lid, not accessible from manhole access 1 GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT Permit NS 211 6 109 8th Street Suite 303 Glenwood Springs, Colorado 81001 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT Assessor's Parcel No. This does not constitute a building or use permit. PROPERTY Owner's NameRichard & Connie dissent Address 0499 Wooden Daer Rd., C f da]4one 963-3136 System Location 0499 Wooden Dasr Road, Carbondale Legal Description of Assessor's Parcel No SYSTEM DESIGN �S 0 0 0 Septic Tank Capacity(gallon)Other ca r g ('i 0 c"' g7" -e.'"‘ Percolation Rate (minute Inch) Number of Bedrooms (or other) 3 o c..•,f? - X4-4-.1-c411r --( i 2 '.,r Required Absorption Area - See AAMehed Special Setback Requirements: ..y,.4 . Date T - tr-Q"-L,ry { ! — Inspector FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation System Installer ` - 411.A1, ..rw-+'c't Septic Tank Capacity Septic Tank Manufacturer or Trade Name Septic Tank Access within 8" of surface Absorption Areal 10, J Absorption Area Type end/or Manufacturer or Trade Name Adequate compliance with County and State regulations/requirements Other Date 5r " i r 2; Inspector ."~i '*'� j :•t..c.� [:.. 1" +� RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office Shall automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system In a manner which involves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class 1, Petty Offense ($500.00 fine — e months in jail or both). Applicant: Green Copy Department: Pink Copy ti • INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION alo6 ,,.ane OWNER � e%td 9/64/7/e. /l�l��.,CGllj6f'i cy 7°C. ADDRESS 1 i- 4r/ /PF�ONE 943- 3/ 3 CONTRACTOR fad,ZeZZ1267A1 ADDRESS PHONE PERMIT REQUEST FOR: (New Installation ( ) Alteration ( ) Repair Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes. (See page 4.) LOCATION OF PROPOSED FACILITY: County 6f 4-.762/ Near what City of Town j-af/e-26 A Lot Size /- .'tae Legal Description N1pp 1 i� n JJ pproval by County Official: WASTES TYPE: Dwelling ( ) Transient Use ( ) Commercial or Institutional ( ) Non-domestic Wastes ( ) Other - Describe BUILDING OR SERVICE TYPE: Number of bedrooms (Garbage grinder (ii tomatic washer ( dishwasher SOURCE AND TYPE OF WATER SUPPLY: ( 11 ( ) spring ( ) stream or creek Number of persons Give depth of all wells within 180 feet of system: If supplied by community water, give name or supplier://%Qj�fn�/____ GROUND CONDITIONS: Depth to bedrock: Depth to first Ground Water Table: Percent ground slope: DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: Was an effort made to connect to community system? TYPE OF INDI LDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: ( 'Septic Tank ( ) Aeration Plant ( ) Vault ( ) Vault Privy ( ) Composting Toilet ( ) Recycling, potable use ( ) Pit Privy ( ) Incineration Toilet ( ) Recycling, other use ( ) Chemical Toilet ( ) Other - Describe: FINAL DISPOSAL Y: ( Absorption Trench, Bed or Pit ( ) Evapotranspiration ( ) Underground Dispersal ( ) Sand Filter ( ) Above Ground Dispersal ( ) Wastewater Pond ( ) Other - Describe: WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? /' SOIL PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer.) Minutes per inch in hole No. 1 Minutes per inch in hole No. 3 Minutes per inch in hole No. 2 Minutes per inch in hole No. Name, address and telephone of IU'E who made soil absorption tests: Name, address and telephone of RPE responsible for design of the system: Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposes of the evaluation of the application; and the issuance of the perriri't i s subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under Article 10, Title 25, C.R.S. 1973, as amended. The undersigned hereby certifies that all statements made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. 1 further under- stand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for per- jury as provided by law. Date j_7-2;()' c2 PLEASE DRAW AND ACCURATE MAP TO YOUR PROPERTY Signed Page 3 A,7 0 LP 5 499 Wooden Deer Rd Google earth feet 400 meters 100 A Do Your Part, Be SepticSmart: The Do's and Don'ts of Your Septic System Learn these simple steps to protect your home, health, environment and property value: septicsmart U.S, Environmental Protection Agency L Do: • Have your system inspected (in general) every three years by a licensed contractor and have the tank pumped, when necessary, generally every three to five years. Don't: • Pour cooking grease or oil down the sink or toilet. • Rinse coffee grounds into the sink. • Pour household chemicals down the sink or flush them. Do: • Eliminate or limit the use of a garbage disposal. • Properly dispose of coffee grounds a food. • Put grease in a container to harden before discarding in the trash. Don't: • Flush non -degradable products or chemicals, such as feminine hygiene products, condoms, dental floss, diapers, cigarette butts, cat litter, paper towels, pharmaceuticals. Do: • Dispose of these items in the trash can! Don't: • Park or drive on your drainfield. The weight can damage the drain lines. • Plant trees or shrubs too close to your drainfield, roots can grow into your system and clog it. Do: • Consult a septic service professional to advise you of the proper distance for planting trees and shrubs, depending on your septic tank location. L Don't • Concentrate your water use by using your dishwasher, shower, washing machine, and toilet at the same time. All that extra water can really strain your septic system. Do: • Stagger the use of water -generating appliances. This can be helpful especially if your system has not been pumped in a long time. • Become more water efficient by fixing plumbing leaks and consider installing bathroom and kitchen faucet aerators and water -efficient products. For more SepticSmart tips, visit: www.epa.gov/septicsmart 832-R-13-002 • September 2013 May 3, 2016 David Pesnichak Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Dear David, In response to your letter dated April 28, 2016 regarding the Administrative Land Use Change Permit Application for the Sakin Accessory Dwelling Unit (Garfield County File # GAPA 04-16- 8443), I have attached a revised list of adjacent property owners within 200 feet of the subject property for public notice. I have also conducted an extensive search for mineral estate owners at the Garfield County Clerk and Recorders office and did not find any records of owners of the mineral estate appurtenant to the subject property. I have attached a screen shot showing the results from the various searches performed at the Clerk and Recorder's office, which shows "No Matching Document(s) found. I have also attached the instructions for Mineral Interest Research, which you provided, with my results found for each search performed. Please review this documentation and let me know if you need any additional information. Thank you for your help. Best wishes, Andi Born Divide Creek Builders tel: 970.963.3555 billing@dividecreekbuilders.com cc: max@dividecreekbuilders.com Divide Creek Builders 1531 County Rd 342 Silt, CO 81652 Office:970.876.5145 Web: dividecreekbuilders.com gUikixs TrackiN No G \ f\\ js /r ))m / ƒ m Search Results - (Sorted • - }to .. 2121183 - 4/27/16 + Harris,... CO 00 CO CI CO {Fr', & {7) \\_ -:- 'V:: -- -.— jf)�J ' ° \ , {{ {)/\\ H \ el 4 kamk\{\3 {{//k2,, ., ^ _ CO 7-7 US E E k E 2 Garfield County April 28, 2016 Divide Creek Builders c/o Max Filiss 1531 County Road 342 Silt, CO 81652 Reference: Administrative Review Land Use Change Permit - Sakin — Accessory Dwelling Unit Garfield County File Number GAPA 04-16-8443 Dear Mr. Filiss; Garfield County is in receipt of an application for an Administrative Review Land Use Change Permit for an Accessory Dwelling Unit located northeast of the Town of Carbondale with public road access onto County Road 103 on Lot 13 of the Wooden Deer Subdivision. This application was submitted on April 22, 2016, and has been reviewed for technical completeness. The following revisions/additional materials are requested: Mineral Rights: 1. Section 4-203(B)(3)(b) requires "A list of mineral estate owners in the Subject Site, their name, and the mailing address for each owner or lessee." The Colorado Revised Statutes requires at least a search of the County Clerk and Recorders database to determine the owners of the mineral estate. In order to comply with State Statute, the date and form of records searched (i.e. Garfield County Clerk and Recorders) need to be identified along with the findings of that search, including current names and addresses of the mineral estate owner(s). A memo from the County Attorney's Office has been included describing how to search for mineral owners. Adjacent Property Owners 2. As required, a list of adjacent property owners within 200' of the subject property has been submitted. This list is used for notification of adjacent property owners in accordance with the Land Use and Development Code. A review of the list has revealed that there is an error with one of the addresses (Parcel # 239323400131). It is possible this has occurred simply because this property owner has changed their mailing address with the County Assessor's Office since this list was created. An updated list is attached to this letter. Please review this list to ensure it is correct. If this list is looks accurate, please submit this list with your application. 1 We look forward to receiving the revisions and supplemental information and proceeding through the Administrative Review Process. If it would be helpful to discuss the submittal requirements for this proposal, please contact me at your earliest convenience. Section 4-101 (6)(2)(a) stipulates that the applicant shall correct the deficiencies within 60 calendar days or the application will be deemed withdrawn. Feel free to contact me with any questions or request for clarifications regarding any of the above items. You may reach me via email at dpesnichak@garfield-county.com or at 970-945-8212. Sincerely, David Pesnichak, AICP Cc: File 2 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239323400131 239324304010 239325204011 239325204012 239325204013 239325204014 239325204015 239325204018 239325204019 239325204020 239325204021 239325204022 1311482HWY CARBONDALE 593 WOODEN DEER RD CARBONDALE CARBONDALE RYOBI FOUNDATION R111336 HAYS, THOMAS D & R111847 MARILYN A GADDIS, BRIAN E & R111848 SANDRA GROSSMANN 501 WOODEN DEER RD COYLE, CHRISTOPHER L R111849 CARBONDALE & JONNA SUE T 499 WOODEN DEER RD SAKIN, SALLY B R111850 CARBONDALE 550 WOODEN DEER RD HUBBARD, KATHERINE U R111851 CARBONDALE 470 WOODEN DEER RD QUIAT, ANDREW & JANE R111852 CARBONDALE KEENER CARBONDALE HABERMAN, RICHARD R111855 276 WOODEN DEER RD JERVIS, DANIEL ROBERT R111856 CARBONDALE & MARY ANN 262 WOODEN DEER RD OMANG, SUSAN Z & R111857 CARBONDALE CLINTON C 152 WOODEN DEER RD KAVASCH, MARKS & R111858 CARBONDALE 104 WOODEN DEER RD CARBONDALE LAU, SUSAN D FITCH, JONATHAN & LUCIE R111859 13114 HWY 82 CARBONDALE CO 81623 PO BOX 717 CARBONDALE CO 81623-0717 1215 COUNTY ROAD 111 CARBONDALE CO 81623-9218 501 WOODEN DEER ROAD CARBONDALE CO 81623 499 WOODEN DEER ROAD CARBONDALE CO 81623 0550 WOODEN DEER ROAD CARBONDALE CO 81623 470 WOODEN DEER ROAD CARBONDALE CO 81623 401 E LUPINE DRIVE ASPEN CO 81611-2346 276 WOODEN DEER ROAD CARBONDALE CO 81623-8837 262 WOODEN DEER ROAD CARBONDALE CO 81623 152 WOODEN DEER ROAD CARBONDALE CO 81623-8837 12 WILLIAMS LANE CHAPPAQUA NY 10514-2623 CGarfield County MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the Landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B - II? If so, review for mineral interests that were reserved and oil and gas Ieases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or Iandman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services.