HomeMy WebLinkAbout1.0 Application_Part2Quicksilver Court Subdivision
Water Supply Plan
4
Jehn Water Consultants, Inc.
IV. WATER SUPPLY
The proposed Quicksilver Court Subdivision will be supplied by water from three existing wells
located on the Property. The three existing wells are Daniels Well No. 1 (Permit No. 67565-F),
Daniels Well No. 2 (Permit No. 67566-F) and the Hasenberg Well No. 1 (Permit No. 67567-F).
It is proposed in the pending Subdivision Application that Daniels Well No. 1 will serve Lots 4
and 5 (a total of four units), Daniels Well No. 2 will serve Lots 6 and 7 (a total of four units) and
Hasenberg Well No. 1 will serve Lots 1, 2 and 3 (a total of four units). The locations of the three
existing wells are shown on Figure 1 and copies of the well permits and construction reports are
included in Appendix A.
Daniels Well No. 1 was drilled and completed on January 16, 2008 to a depth of 195 feet. Prior
to the start of the pumping test, the static water level in the well was approximately 118 feet
below top of well casing. Daniels Well No. 2 was drilled and completed on March 10, 1999 to a
depth of 223 feet. The static water level in the well prior to the test was approximately 119 feet
below top of well casing. The Hasenberg Well No. 1 was drilled and completed on January 26,
1999 to a depth of 194 feet. The static water level in the well prior to the test was approximately
113 feet below top of well casing.
Pumping Tests
Dynotek Slimline Submersible Pressure Transducers were installed for monitoring purposes in
the existing wells, and were utilized to collect water levels during the pumping tests for the
Quicksilver Court Subdivision. Beginning at 10:50 A.M. on February 12, 2008, a 17-hour
continuous rate pumping test was begun at a rate of 4.2 gpm at Daniels Well No. 1. During the
test, the pumping rate was continuously adjusted to maintain as close to 4 gpm as possible. A
totalizing flow meter was installed on the discharge. The transducer was set to record relatively
continuous water level data. Water level data was recorded for an additional 31 hours following
the pump test at Daniels Well No. 1. At the end of the 17 hours, the total drawdown in the
pumped well was 73 feet.
Quicksilver Court Subdivision
Water Supply Plan
5
Jehn Water Consultants, Inc.
The second test was conducted on Daniels Well No. 2 for approximately three hours. The test
was started at 10:45 A.M. on February 13, 2008. The plan was to complete a 4-hour test.
During the first almost 2 hours of the test, the well was pumped at approximately 4 gpm. A very
slight drawdown was detected in the down-hole transducer near the 2-hour point in the test, so it
was decided to increase the pumping rate of the test after allowing the water level to recover for
about 2.5 hours. For approximately one hour, Daniels Well No. 2 was pumped at an average
rate of almost 9 gpm. Due to the increase in pumping, the total drawdown in the pumped well
was 78 feet at the end of the three hours. Water level data was recorded for an additional 18
hours following the second pump test at Daniels Well No. 2.
The third test was conducted on the Hasenberg Well No. 1. Beginning at 3:15 P.M. on February
13, 2008, a 4-hour continuous rate pumping test was conducted at a rate of approximately 3
gpm. Water level data was recorded for an additional 15 hours following the pump test at the
Hasenberg Well No. 1. At the end of the 4 hours, the total drawdown in the pumped well was
54 feet.
During all three pumping tests the other two non-pumping wells were also monitored for
drawdown. There was no drawdown affects recorded at the non-pumping wells during any of
the pumping tests.
Pump Test Results and Aquifer Parameters
The electronic drawdown, recovery and pumping data were downloaded from the transducer
devices and reduced to a spreadsheet format for analysis. The Theis confined methodology
was utilized to analyze drawdown and recovery data for interpretation of aquifer parameters.
Results of those analyses indicate an average transmissivity value of 53 gallons per day per
foot (gpd/ft) for the underlying aquifer. Graphs showing the pumping test drawdown and
recovery plots are included in Appendix B. The pumping tests are a standardized method of
determining aquifer parameters by measuring the drawdown and recovery capabilities of the
wells over the pumping period.
Quicksilver Court Subdivision
Water Supply Plan
6
Jehn Water Consultants, Inc.
As a result of the pumping tests analyses, each of the three wells are capable of producing the
required average annual yield of 1.70 gpm (2.74 af/yr) needed for the water supply to meet the
development’s demands.
Quicksilver Court Subdivision
Water Supply Plan
7
Jehn Water Consultants, Inc.
V. WATER QUALITY
Water quality samples were collected from Hasenberg Well No. 1 and Daniels Well No. 2 on
February 13, 2008. Due to holding time issues, a sample was not analyzed from Daniels Well
No. 1. Per Garfield County Regulations, the samples were tested for Nitrate, Nitrite and Total
Coliform. Field parameters: pH, conductivity and temperature, were also collected and these
results are indicative of normal drinking water quality. The Nitrate and Nitrite analyses meet the
State and Federal Maximum Contaminant Levels (MCLs) for Drinking Water. Total Coliform
was detected from Daniels Well No. 2. Since this well is 223 feet in depth it is unlikely that
coliform exists in the well, and it is the authors’ belief that the Total Coliform was from sampling
contamination. It was recommended that a second sample be taken prior to development to
confirm this belief. On August 14, 2008, a second water quality sample was collected from
Daniels Well No. 2. The sample was analyzed by Eagle River Water and Sanitation District.
The sample was found to be absent for Total Coliform and E.coli. Table 2 is a summary of the
water quality results.
Quicksilver Court Subdivision
Water Supply Plan
8
Jehn Water Consultants, Inc.
VI. CONCLUSIONS
Currently, Daniels Well No. 1, Daniels Well No. 2 and Hasenberg Well No. 1 are all augmented
by the West Divide Water Conservancy District for the demands discussed herein. The West
Divide Water Conservancy District Contract No. 070215GD(b) is attached as Appendix C to this
Report.
Three well tests were completed on the existing wells within the proposed Subdivision. All tests
show that the wells are capable of producing the required average annual yield of 1.70 gpm.
During the pumping tests, no drawdown was observed at the other two wells in the proposed
Subdivision, indicating no interference between wells during pumping. Water quality samples
obtained from the wells indicated detections of Nitrate and Nitrite below MCLs and the absence
of Total Coliform. As a result of our site-specific investigations, it is our professional opinion that
the Quicksilver Court Subdivision has more than adequate ground water resources to support
the proposed development.
!A
!A
!A
Daniels Well #2 (Permit No. 67566-F)
Daniels Well #1 (Permit No. 67565-F)
Hasenberg Well #1 (Permit No. 67567-F)
Jehn Water Consultants, Inc.
1565 Gilpin Street
Denver, CO 80218
(303) 321-8335
(303) 321-8346 fax
Figure
1
{
P:\Daniels Hasenberg development\GIS\KCDMXD\02Oct2008_UpdatedProperty_Location.mxd
Sources:
USGS 7.5' Quadrangles
Rifle, CO, Photorevised 1982, Contour Interval 40 ft.
No. Mamm Peak, CO, Photorevised 1982, Contour Interval 40 ft.
Parcel information courtesy Garfield Co., Colorado
Projection: Job No. 720.1
UTM NAD83 Prepared By: KCD 04/11/2008 Updated: KCD 10/02/2008
Checked By: GLB 04/11/2008
Legend
T6S T6S
R93W
R93W
Quicksilver Court Subdivision
1 inch equals 1,000 feet
Quicksilver Court
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1
APPENDIX A
Form No .
GWS-25
OFFICE OF THE STATE ENG IN EER
COLORADO DIVISION OF WATER RESOURCES
818 Centennia l Bldg., 1313 Sherman St., Denve r, Co lorado 80203
(303) 866-3581
APPLICANT
GH DAN IE LS Ill
176 GH DANIELS BLVD
GYPSUM, CO 81637 -
WELL PERMIT NUMBER __ _;...67'""'5~6~5 ___ -~F __
DIV. 5 WD 45 DES. BASIN MD
Lo t: 2 Block : Filing: Subdiv : GRASS MESA RANCH
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 SW 1/4 Section 22
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
214 Ft. from South
1995 Ft. from West
Section Line
Sect ion Line
EXST
(970) 471-0920 UTM COORDINATES (Me ters.Zone :13.NAD83)
CHANGE/EXPANSION OF USE OF AN EXISTING WELL Easting: Northing :
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CON DITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to exist ing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has
been granted by the State Board of Exam iners of Water Well Construction and Pump Installation Contractors in acco rdance with Rule 18 .
3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the
condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by
the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District
for the release of replacement water from Rued i Reservoir is in effect, or under an approved plan for augmentation . WDWCD contract
#070215GD(b) (amended Apri l 17 , 2008).
4) Approved for the use of, an existing well , constructed on January 16 , 2008, to a depth of 195 feet, with a pump being installed July 18,
2008, under permit no. 276142 (cance led). Issuance of this permit hereby cancels perm it no. 276142.
5) Approved as a well on a tract of land of 39.9 acres described as lot 2, Grass Mesa Ranch division of land, Garfield County.
6) The use of ground water from this well is limited to fire protection, ordinary household purposes inside two (2) single family dwe llings, two
(2) accessory dwellings units, the irrigation of not more than 14,000 square feet (0.32 of an acre) of home gardens and lawns, the watering of
four (4) head domesti c animals, filling, refilling and storage of a pond and evaporation of a pond (surface area being 0.23 of an acre).
Storage, filling and refil ling of the pond may be from this well (Dan iels Well no . 1) or Dan iels Wel l no. 2 or in combination with Daniels Well
nos . 1 and 2. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. T his well is
known as Daniels Well no. 1.
7) The pump ing ra te of this well shall not exceed 15 GPM.
8) The combined average annual amount of ground water to be appropriated by this well (Daniels Well no . 1) and Dan iels Well no . 2 (permit
no. 67566-F) and Hasenberg Well no . 1 (permit no. 67567-F) shall not exceed 8.34 acre-feet.
9) The owner shall mark the well in a consp icuous place w ith well permit number(s), name of the aquifer, and court case number(s) as
appropriate. The owner shall take necessary means and precaut ions to preserve these mark ings.
10) This well shall be lo c ated not more than 200 feet from the location specified on this permit and at least 600 feet from ahy ex isting well,
completed in the same aquifer , that is not owned by the appl icant.
11) Totalizing flow mete rs must be installed on this well (Daniels Well no. 1) and Daniels Well no. 2 (permit no. 67566-F) and Hasenberg Well
no. 1 (pe rmit no. 67567-F), and maintained in good work ing order. Permanent records of all diversions must be maintained by the well
owner (recorded at least annually) and submitted to the Division Engineer upon request.
NOTE: Use of g ro und water fro m this well (Daniels Well no. 1), Danie ls Well no. 2 (permit no. 67566-F) and Hasenberg Wel l no. 1
(permit no. 67567-F ) sha ll be operated pursuant to WDWCD contract no. 070215GD(B ) (amended April 17, 2008).
NOTE : Canceled permit no . 276142 was previously issued for this well. _;}--~ ?-i---
NOTE: Parcel Identification Number (PIN): 23-2177-223-00-463 O P /JI C' ("'.:z (J .'.J 'fJ
NOTE: Assesso r Tax Schedule Number: R247345 (totaling 39 .87 acres)
APPROVED
DMW
State Engineer
Recei t No . 950303 8A DATE ISSUED 09-30-2008
By
EXPIRATION DATE
Tuesday, March 11, 2008.max
Form No.
GWS-25
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Cenienniai Bidg., i3i3 Sherman St., Denver, Colorado 80203
(303) 866·3581 1095
WELL PERMIT NUMBER __ _,2,,,7_,,6-"14,,2c._ __ -~
APPLICANT DIV. 5 WD45 DES. BASIN MD
GEORGE H DANIELS Ill
176 GH DANIELS BLVD
GYPSUM, CO 81637-
Lot 2 Block: Filing: Subdiv: GRASS MESA RANCH
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 SW 114 Section 22
Township 6 S Range 93 W Sixth P M.
DISTANCES FROM SECTION LINES
214 Ft. from South Section Line
1995 Ft. from West Section Line
(970) 471-0920 UTM COORDINATES (Meters Zone:13.NAD83\
PERMIT TO CONSTRUCT A WELL Easting: Northing:
1)
I 'l
3)
4)
5)
6)
7)
8)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONPITIONS OF APPROVAL
This well shall be used in such a way as to cause no material inj1.Jry to existing waler rights. The issuance of this permit does not ensure thal
no injury will occur to another vested water tight or preclude an-other owner of a vested water right from seeking relief in a civ!! cou!1 action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2. unless approval of~ l!'<!.r!ance has
b~n granied Cy the State ~oard of Examiners of Water Well Construction and Pump Installation Conlradors in accordance with Rule 18.
Approved pursuant to CRS 37-92-602(3}(b)(I) for uses as described in CRS 37-92-602(1)(1). Use of this well is limited to monitoring water levels
and/or water quality sarnpl'lng. This well is known as. Daniels MonitoringfObserva!ion Well no. 1.
Approved as a well on a tract of land oC 39.87 acres described as lcl 2, Grass Mesa Ranch division of land, Garfield Counly.
This well mLisl be eqLiipped with a locking cap or seal lo prevent well contamination or possible hazards as an open well. The well mLJst be
kept capped and locked al au times excepl during sampling or measuring.
Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of
Water Resources upon request.
Upon conclusion of the monitoring program the well owner shall plug this well In accordance with Rule 16 of !he water Well Construction
Rules. A Well Abandonment Report musl be completed and submitted to the Division of Waler Resources within 60 days of plugging.
The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take
necessary means and precautions to preserve these marking!>.
This well must be conslructed by or under the supervision of a licensed well driller or other <!!.!thcn:i:ed ind:vidual acco;diiig to thtl V"v'aier 'vVeii
Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved
prior to well conslruc11on.
10) A Well Construction and Test Report (Form GWS-31), Including lilhologic log must be submitted by the individual authorized to construct the
well. For non-standard cons1ruction, the report must include an as-built drawing showing deta'1ls sucll as depth, casing, perforaled zones, and a
description of the grouting type and interval.
11) This well shall be constructed not more lhan 200 feet from the lo~tion spee-ified o" this permi!.
12) lssuanca of this permit does not guarantee that this well can be converted to a prod1Jction we!! under a future permit. The abil1t; of this. well
10 be converted to a production wen is limited by all governing statut-es. rules, regulations, orders, and/or decrees. ~~
NOTE: Permit no. 66062-F was prev'1ously Issued for this lot ?...--""
NOTE: Parcel Identification Number (PIN): 23-2177-223-00-463 / 2-h ft'/'fao 7
NOTE: Assessor Tax Schedule NLJmber. R247345
l
APPROVED
DMW
State ngineer
Recei-t No. 9502958 DATE ISSUED
By
12-04-2007 EXPIRATION DATE 12-04-2009
Tuesday, March 11, 2008.max
. WELL CONSTRUCTION AND TEST REPORT I STATE OF COLORADO, OFFICEOFTHFSTATEEJ\G!NEER
1
1. f WELL PERMIT NUMBER --276142
2. Owner Name(s): George Daniels
Mailing Address: 176 OH Daniels Blvd
City, State, 7.ip : Gyps~ru, CO 81637
Phone #
FOR OFFICF'. lJS'E ON! .'r'
APPROVAL# GWS3L-9J-03
3. WELi. LOCA[JO::J AS DRILi.FD
DISTA")JCES FROY! SEC. Lil'.'ES SE 114 SW li4 Sec: 22 Twp: 6 S Range: 93 W
330 ft. from South Sec. line and 1815 ft. from West Sec. line OR Easting: No:rthLng:
SUBDIVISION: Grass ftolfesa Ranches 1 f''VT'· 2 DLOCK: FILING (lJNiT): .LA/I·
STREET ADDRESS AT LOCATJON
4. GROUND SURFACE ELEV A TION ft. DRILLING METHOD Air Rotary
DATE COMPLETED: 111612008 TOTAL DEPTH: 195 DEPTH COMPLETION: 19-5
_u GEOLOGIC LOG 6. HOI .I' DIAMETHK (in) t-"ROM (ft) TO (Jl)
'
!Jcpth Tvne of Material (Size, Color, and Tvne) 9.0 0 40
: 000-180 Clays, Volcanic Rocks. 6.5 40 195
180-195 W m;all:h Formation
7. PLA]")l CASJNU
Kind w·anSiu I OD (inl I 1-·mm {U) I To (ft) ..... -----r ___,
!
'
"" Steel I 0.240 -i 40
PVC
-~
5.5 0.250 35 135
5.5 PVC 0.250 180 195
-
PERF. CASING : Screen Slot Size
5.5 _ _ f __ PVC I I I -0_2"i0 135 180
I I
8. Filter Pack 9. Packer Placement
Water Located: 135, 180 MateriaJ Type :
Size I Depth .
Remarks Interval : ;
10. GROUTD!G RECORD
M>lteriai Amount Density I lntcn·al Plru;ement
Cement 5 sks 6 i;ral/sk J0-40 pourezl
!
!
'" DlS1t ... rFECTIO"t..J T"y11e HTH Amt. Used: 3 oz.
12. WELL TEST DATA ( ) Check Box If Test Data Is Submitted On Supplemerttal
TESTfNG METHOD : Air Compressor
--:.-i.tanc Level . . ---ll.l. tL
Pumping Level : Total ft.
Test Remarks :
DateJTirne Measured 1/1612008
Date!fime Measured l/l6/200:S
Production Nate 5 gpm
Test Length : 2 hours
}J I h.ave re;id the ~ta;emem-s. made herein iinoi lrnow the con11.'llls thereof. and that tl1ey are true 10 my knovile'1ge. (f'ur.;twrt to S.cction 24--4-l-4 (13)(al CkS, Lhe making of fal1;e smtcmcrns
• ~outirutc~ pcrjury~n the second degi1:~ am! 1~ -p!ltlisbable as a cll!lls I mii.Ocmca11or) ·
CONTRACTOR · S.heltonDrillingCorp. Phone: {970) 927-4182
'
I
Mailing Address: P.O. Bux 10.59 Basalt,.00. 81621 Lie. No. 1095 I -q uaoc
1/22/2008 J
Form No .
GWS -25
OFF ICE O F TH E S TAT E ENGIN EE R
COLORADO DIVISION OF WAT E R R ESOURC ES
818 Centennia l Bldg ., 13 13 Sherman St., Denve r, Co lorado 80203
(3 03 ) 866 -358 1
APP LI CANT
DAN IE LS GH Il l
176 GH DANIELS BLVD
GYPS UM, CO 81637 -
W ELL PERMIT NUMBER ___ 67~5~6~6 ___ -~F __
DIV . 5 WD 45 DES. BAS IN M D
Lot: 2 Block: Fil ing: Su bdi v: G RASS MESA RANCH
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 SW 1/4 Section 22
Township 6 S Range 93 W Sixth P.M.
DIS TANC ES FROM SECTION LI NES
125 Ft. from South Section Line
3 190 Ft. from East Section Line
EXST
(970) 471-0920 UT M COO RD INATES (M ete rs,Zone :13 ,NAD83)
PERMIT TO US E AN EXISTING WELL East ing: Northing :
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well sha ll be used in such a way as to cause no material injury to existing water rights . The issuance of this permit does not e nsure that
no injury will occu r t o anothe r vested water right or preclude another owner of a vested wate r right from seek ing relief in a civ il co u rt act ion.
2) The construction of this well shall be in compl iance with the Water Well Construction Rules 2 CCR 402-2 , unless approva l of a va riance has
been granted by the State Board of Examiners of Water Well Construction and Pump Insta ll ation Con t ractors in accordance with R ule 18.
3) Approved pursuant t o CRS 37-90-137 (2) for the const ruction of a wel l, appropriating gro und water tributary to t he Colorado Rive r, o n t he
conditi on that the well shall be ope rated on ly when the West Divi de Wate r Conservancy District's subs t itute wate r supp ly plan, ap pro ved by t he
State Eng ineer, is in effect , and when a water all otment co ntract between the well owner and the West Divide Water Conservancy Dist rict for
the release of rep lacement water fro m R uedi Reservoir is in effect, or under an approved plan fo r augmentation . WDWCD contra ct
#070215GD(b) (amended April 17 , 2008 ).
4) App roved for the use of, an ex isting well , constructed on March 10, 1999 , to a depth of 223 feet unde r mon itoring ho le notice MH -35741 and
later perm itted for use with a pump being installed on Ju ly 18, 2008 , under perm it no . 66062-F (canceled ). Issuance of the perm it hereby
cancels perm it no. 66062-F .
5) Approved as a well on a tract of land of 39.9 acres described as lot 2 , Grass Mesa Ranch division of land, Garfie ld Coun ty.
6) The use of ground water from this well is lim ited to fi re protection , o rdinary househ old purposes inside two (2) single family dwelli ngs , two (2)
accessory dwellings units, the irri gation of not more than 14 ,000 square feet (0 .32 of an ac re) of home gardens and lawns, the wa t eri ng of four
(4) head domes ti c a ni mals, filling, re f illing and storage of a pond and evaporation of a pond (surface area being 0 .23 of an acre). Storage,
fil ling an d refilling of the pond may be from this we ll (Danie ls Well no. 2) or Daniels We ll no. 1 or in combi nat ion with Dan ie ls Well nos . 1 and
2. All use of th is we ll wil l be curta iled unless the water allotment contract or a plan for augmentation is in effect. This well is kn ow n as
Dan ie ls Well no. 2 .
7) The pumpi ng rate of this well shall not exceed 15 GPM .
8) The combined average annual amount of ground water to be appropriat ed by th is well (Dan iels Well no . 2) and Danie ls Well no . 1 (perm it
no . 67565-F) and Hasenberg Well no . 1 (permit no. 6756 7-F shall not exceed 8.34 ac re-feet.
9) The owner shall ma rk the well in a conspicuous place with well perm it number(s), name of the aquife r, and court case number(s) as
approp riate. The ow ner shall take necessary means and precautions to preserve these m ark ings .
10) This well shall be lo c ated not more than 200 feet from the location specified on th is permit and at least 600 feet from any exi st ing well ,
completed in t he same aquifer, that is not owned by t he applicant.
11 ) Tot al izing f low meters must be insta ll ed on t his well (Dan iels We ll no. 2) and Daniels We ll no . 1 (permi t no . 67565-F ) and Hasenb e rg Well no.
1 (p ermit no. 67567-F ), and mai nt ained in go od working order . Permanent records of all dive rs io ns must be ma inta ined by the we ll owner
(reco rde d at least ann ually) and s ubmitte d to t he Di vis ion Eng ineer upon request.
NOTE: Use of g roun d water from this we ll (Danie ls Well no . 2), Daniels W ell no. 1 (p ermit no . 67565-F ) and Hasenberg Well no . 1 (permit
no. 6756 7-F) shall be operated pursuant to WDWCD co ntract no. 070215GD (B) (a mended April 17, 2008 ). ,/)'-0 ?.......-
NOTE : Cance le d permit no . 660 62-F was prev iously issued fo r this wel l. o (:' ,/'j .:><7;... ~ ,:J $
NOTE : Parcel Ide ntificat ion Nu mber (P IN): 23-2 177 -2 23 -00-463
NOT E : Assesso r Ta x Schedu le Numbe r: R247345 (totaling 39 .87 ac res )
AP PROVED
DMW
St ate Engin ee r
Recei t No. 95031 56 DATE IS SUE D 09-30 -2 00 8
By
EXPIRATION DATE
ORDER OF THE STATE ENGINEER
IN THE MATTER OF WELL PERMIT NO. 66062-F
LOCATION: SE 1/4, SW 1/4 , SECTION 22, TOWNSHIP 6 SOUTH, RANGE 93 WEST, 6th P .M .
APPLICANT: GH DANIELS III
THE STATE ENGINEER FINDS:
The well pennit was issued on July 27, 200 7, with an expiration date of July 27, 2008. A well
construction report was submitted on April 14, 1999, indicating that the well was constructed on March 10 ,
1999, to a de pth of 223 feet, under monitoring hole notice MH-35741 and later pennitted for use o f an
existing well, u nder pennit no. 66062 -F with a pump being installed July 18, 2008.
On September 30 , 2008, the current well owner (GH Daniels III) submitted an application to cha nge
the use of the existing well pennit no. 66062-F. The new permit (pennit no. 67566-F) allows for the ch a nge
of use of the well (Daniels Well no. 2) in accordance with the West Divide Water Conservancy District
contract no. 07 02 15GD(b), amended April 17, 2008.
The well pennit is hereby canceled and is of no further force or effect.
Septem15~ urPf-
Dick Wolfe
State Engineer
By: r-~ ?-1... ~~(
cc: Division
Applicant
:dmw/066062-F o rder to cancel, Dan ie ls, GH III 09-30-08
Dwight M. Whitehead
Engineering Tech (Ground Water)
Tuesday, March 11, 2008.max
Form No.
GWS-25
OFFICE OF THE STATE ENGINEER
COLORADO D!V!S!ON OF WATER. RESOURCES
818 Cer.tennial Bldg., 1313 Sherr:tan St .. Denver, Col:yaj::i 80203
(303) 836-3581
WELL PER.MIT NUMBER ___ 6~6~0~6~2~--~-~F __ _
EXST
APPLICl\f\T
r
l DIV. 5 DC:S. 8,.'.\SIN iviD
lot: 2 Block: Filing: Su~div: GRASS M'.:.SA RA..NGh
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 SW 1/4 Section 22
GH DANIE'cS 'ill Towc,shio 6 S Range 83 W Sixth P.M.
176 GH DANIELS BLVD DISTANCES FROM SECTION LINES
GYPSUM, CO 81637-':25 Ft 'roe'. South
3190 F':. frorT. Esst
Section Line
s~c:io:", L1:-ie
UTM COORDINATES (l/,etersZone:13.NAD83\ (870) 47i-0920
PERMIT TO UsE AN EXISTING WELL Easting: Nortrung:
ISSUANCE OF THIS PERlv.,T DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
I) lhis we!! shaii be used in suer. a way as to cause no material injury to e:xisting water rights. The iss'Jance cf this permit does :io\ ensu~e :he'.
n;;. in:.u:y · • .,.i~' occu~ to an0t~•ei vested wate~ rig hi 01 p1t;;i.;iucie another awn er cf a vested v,·=ter n~ht from seeking relief in a civil court action.
2) T~.e construction of this well shall be in compiiance w~th the \/\later.\Nell C:onst~uction Hules 2 CC~ 4C2-2, unless appr::ival of a va;iance ~as
been g:-2:-i',ed by the s•,ate Soard of =:xam·rners of V\later'Nell Constructio-a:1::l ?u:7lp ins:a\la:ton Contractors in accordance with R~le 18.
3)
L)
5)
1:
A;:ipro,•e::l pursuant to CRS 37-90-137(2.) fo; the constructbn of a well, a:)prJp~iating ground water tributa·y t::i the Co~o~ado River. on t'.!e
condition that the wel: shal'. be operated only w::er, the \Nest Divide \.Yater Conservancy District's substitute water supo!y plan, approved by t::e
State Engineer, 1s in effec~, and when a water allotment contract between the well owner and tne \'\'est Divide VVater Conse,'"Vancy Wish:: for
the reiease ot ~eplacement water from Ruedi Reservoir is in effect. or under an a:;iproved pla:i for augmentation. VJD\\'CD contract
#07:J215G:J(a).
Approved as a wetl on a tract of land of 39.87 acres desc~ibed as the SE 1/4 of the SIN 1/4, Sec. 22, Tw::c E> S0' t~ ::::.r:;i i;i"3 \fl.les~ >'."-'"' ~ ~-1.
fur:.r.e:-identified as lot 2, Grass !Vesa Ranch division of !and, Ga:iield County.
Approvec fer the installation of a pump in, and the use o:, an existing well, const~ucteC on March 1 a, 1999, to a depth of 223 feet, u:-ide~
mcnito;ing hole notice MH-35741.
The use of ground water from th:s well is limited to fire pmtection (storage and filling of a pond with ::i ~11rfc.ic:<:1 21ri:-:e. of 10,000 sc;uare feet and
an ar.n·Jal eva:)oralior, amoun~ of 0.72 acre~foot), ordina:y househoid pi.;rposes inside fo:..!i (4) single family dwellings, the ir:igalio.L of not
more than 20,000 $quare feet (0.45 of a.-i acre) of hor"':le gsrde:ts ar;d law:is, ar,d the wsts~;;-ig of eight (8) domesti:: animals. All i..:s-:-o'.his w.;::
wii! be curtailed unless the water albtment con'.ract o~ a plan for a:.Jgmen;;;;tion is in effect. This well is known as Danie:s \'\/ell no. 2.
"7"he ;:iumiJ'.ng, rate of th:s well shall not exceed 15 GPM.
e:, lhe average annual a:noun: cf :;~ound wate~ tc be ap:iro;:iriated sr,e.11 net exceed 3.242 acre-foo: (1,:JSS,406 gallor:s).
9) The ow:-ie: shal! mo.r':-:: the •vc\i in a conspicL:ous Diace v;ith well pe~mi: ni..H-,-:ber,:s;, narne of the eo:.:i7~~. und court case number(s) as
c.pprop:-iate. The owner sh<>ll take neces.sBry· rrie2ns e.nd precavtio:is to prese:"'.re these ma~kings.
"10} .A. totalizin9 fiow meter must bE: i1~sca:;ed on this weil z:;d mairt2ir.e~ ir. good work:ng o;:je:. =eo:,~'anent records of all diversior.s m'2s'. be
mair.tained by tr.e well owner (recorded at least anm.:a'.!y\ :::..nd subri\itte:::! to the Di~'ision Eng\neer upon request.
1 ':) This well shall be loca~e.: ,.,:it r7!o~e '.ha:i 20C :eet from t~e location s::iecified on this permit.
NOE: Pa~:::el Identification Number (PIN): 23~2"177-223-00...t..63
1-JOTt:: Assessor Tax Schedule Num'oer: R24734.5
I
IAPF?OVED
ioM'N
Receiot No. 9502822 D/\T~ ISSUED 07-27-2007
By
P-;;-..___ ::z....-
,:7 --; _/'::_ -/
, r -<I' /2.:7.c? 7
( /
;;,., . ")...-/" ri.-4.-J..£-'.-/
EXPIRATION DATE 07-27-2003
Tuesday, March 11, 2008.max
111
11
I
I I
(
!
I:'
I
I I
WATEft RESOURCES WATER 'V:Sr;JJAcEs
&TAl'l: t:r.GtNEER 8TATE£MJ1NttA
COLO. Coto.
a WELL LOCATION AS DRILLED: ~ 1/4~1/4, Sec . .;i;;i Twp. _ __,(c,...,__ _ __5_, Range q3 _w_
DISTANCES FROM SEC. LINES' I ',I I I I I fl rrorn Sec line and ___ ft. from --.."--"'N"™--Sec. line. OR
sueDMSION: G!JREiss·· mts~ ee111c t-1 ,LoT . .£i.' eLOCK. ___ FIUNG(UNIT) __ IJ
STREET ADDRESS AT WELL LOCATION:
4. GROUND SURFACE EU:VATION Cz I $0 ft. DRIUJNG ME'THOD 81 K trD1Ai< f \ 1
1
\ \ !
I (DATE COMPLETED ?.i lt""'i q G TnT.a.t ni:-PTH ::")-i12"" McDTLI ,..,.. •• f'>, .................. ~~ ... . ·-··---·' ~ .. ""'I.Or "I VVn'lrl..C I cu
5. GEOLOGIC LOG: ~Ho1¥on.) From (ft) To (ft)
O.;'h =~"'( .,_,... (Type, S.,., Colo<, Wa!or l.o<""onl D ~Z.Z.$ ZC> ~-~~ -.~~I~
I ('1fo"" J £. Tl l-1J.-D..J~ ......... t...a.r-' ! 7. PLAIN CASING
i/£' ... i ...,7 <&"'f _.i c.c......a...<P gp (in) Kind" , W'!l!,.~e F~{ftl ~(!!)_
lt.7-~~ ,. -""'',_,,_,,., /~( L/ C'!.o..I /.-._~
_,
\...,&"'_ 2. 7 "? ro ' -~ . n <:.-Ge,{ I 5! ll ./-( 1fi2 -2_ uu{_ ,._, ~n t. a -P:fF CASf~~S"'9on ~~ct¢ • 2..c>
the >7 ?
-----~
8. FILTER PACJ<; •. l 9. PACKER ?.lACEMENT:
i:~h . ' Size .
1n1arval
I Malarial }-J /If+
10. GROUTINC> RECORD:
Material y.ount Density lntervar Placement
REMARKS: a.. ,..:r/. ..., £.J.-e ;::-......... / $iq ~ ,_ I--..,_ A-.. ---
I , ...... ,_ ---- . ·..;o....:::.,;pf. -c." , ...... -u.,..r ruvJ I
----111 r---.,..------'-=I =--~~~~I! ;1 OlSINFECTIDN: Typs~tf Ttl 70 °/0 Amt Used 0-1?_ < I r~ ~:!:!:."!!~'.DA~~ LJ1f~~ box W Test Data Is submitted on Fomi No. ~upplemental WeD Test. 111
I C;;Jl INil.:t Mt:lt1VLI (':!",'"' /1
Static L.svel ( "'/ 3 It. Dateffime measured ·3 -< ~ -2 'j , Production Rat•.,.....-7.~-~gpm.
Pumping -It. Date/Time measured Test length (IYS.) _____ --'
Remarl<s
Form No.
GWS-25
O FF IC E O F THE STATE E NGIN EE R
COLORADO DIVISION OF WAT E R R ESOURC ES
81 8 Cente nn ial Bldg., 13 13 She rm an St., Denve r, Colora do 80203
(3 03) 866-3581
A PPLICAN T
G REGORY HASENB ERG
11 55 QU ICKS ILVE R W AY
RIFLE , CO 8 1650 -
WEL L P ERMIT NUMBER ----"--67~5~6_7 ___ -~F __
DIV. 5 WD45 DES. BAS IN MD
Lot: 2A Bloc k : Filing: S ubd iv: GRASS MESA RANC H
APPRO V ED W ELL LOCATIO N
GAR FIEL D COU NTY
NE 1/4 NW 1/4 Sectio n 27
Towns hip 6 S Range 93 W Sixt h P.M.
DIS TANCES FROM SECT IO N LI NES
600 Ft from North
2150 Ft fro m West
Section Line
Section Li ne
EXST
(97 0) 309-3236 UTM COORD INAT ES (Meters,Zone :13 ,NAD83)
CHANGE/EXPANSION OF US E OF AN EXIS T ING WELL Easting: North in g:
IS S UANCE OF T HI S P ERMIT DOES NOT CONFER A WATER RIGH T
CON DITIONS OF APP ROVAL
1) T his we ll shall be used in s uch a way as to ca use no ma teria l inj ury to exist ing water rights . T he issuance of t hi s permit does not ens ure that
no injury will occur to another ves ted water right or prec lude anothe r owner of a vested water right from seek ing re lief in a civi l court action.
2) The co nstruction of t his well shall be in compl iance with t he Water Well Cons t ruct ion Rules 2 CCR 402-2 , unless approval of a variance has
been granted by t he State Board of Examiners of Wate r Well Cons t ruction and Pu mp Insta llat ion Contractors in accordance with Rule 18.
3) Approved pu rs uant t o CRS 37 -90-137 (2) for the const ructi on of a well, app ropriating ground water tributary to t he Co lorado River, on the
condition that the well sha ll be ope rated only when the West Divide Wate r Conse rv ancy District's subst it ute water supply plan, ap proved by the
State Engineer, is in effect, and when a water allo t men t contract between the well ow ner and the West Divide Water Conservancy District for
the release of repla c ement water from Rue d i Rese rv oi r is in effect , or under an approved plan for augmentat ion. WDWCD contract
#070215G D(b) (amended A pril 17 , 20 08).
4) Approved fo r the ins t allation of a pump in , and the use of, an existing wel l, co nstructed on January 26, 1999, to a depth of 194 feet, under
monitoring hole noti ce MH-3544 7 and late r permitted for use unde r pe rm it no. 216160 (canceled ). Issuance of t his permit he reby cance ls
permit no. 216 160.
5) Approved as a we ll on a t ract of la nd of 39.9 ac res described as lot 2A, Grass Mesa Ra nch division of lan d , Garfield Co unty.
6) The use of ground w ater from t hi s well is lim ited to fire protectio n, o rdinary household purposes inside t hree (3) sing le fami ly dwellings and
one (1) accesso ry dwelling un it, t he irrigation of not more than 2 1,000 sq uare feet (0.48 of an acre) of home ga rdens and lawns, and t he
watering of nine (9) head domestic an ima ls . All use of this well w ill be curtai led unless t he wate r allot ment contract or a plan fo r augmentation
is in effect Th is we ll is known as Hase nbe rg Well no . 1.
7) The pumping rate of th is we ll shall not exceed 15 GPM .
8) The combined average annual amount of gro und wate r to be appropriated by t his we ll (H asenberg W ell no. 1) an d Dan iels We ll no . 1 (pe rmit
no. 67565-F) an d Da niels We ll no . 2 (perm it no. 67566-F) sha ll not exceed 8.34 acre -fee t.
9) The owner shall ma rk the well in a conspicuous place w it h well perm it number(s), name of the aquifer , and court case numbe r(s ) as
app rop ri ate. T he ow ner shall take necessary means and precau t ions to prese rv e these markings .
10) Th is we ll sha ll be lo c ated not more t han 200 feet from the location spec ified on th is pe rmit an d at least 600 f eet from any ex isting well,
co m pleted in t he same aquifer, t ha t is not owned by the app lic ant.
11) Total izi ng flo w meters must be ins t alled on th is well (Hasenberg Well no . 1) a nd Danie ls W ell no. 1 (permit no. 67565-F ) an d Daniels Well no.
2 (permit no. 67 566-F), and ma intained in good working orde r. Perma nent records of al l di vers ions m us t be ma intai ned by the well owner
(reco rded at least a nnually ) and su bm itted to t he Di visi o n Enginee r upon req uest.
NOTE: Use of gro und water f ro m t hi s we ll (Hase nberg Wel l no. 1), Dan iels Well no . 1 (perm it no . 67565-F ) and Da niels Well no . 2 (perm it
no. 67566-F) sha ll b e operated pu rs uant to WDWCD co ntract no. 07 0215GD(B ) (amended Apri l 17, 200 8). /!)... ~ ?...--
NOT E: Can ce le d permit no . 216160 was previ ou sly issued fo r t his wel l. o '5' .~7 <'.~!<?ti .El
NO TE: Pa rcel Id en tifi catio n Numbe r (PIN): 23-2177-272-00-464
NOTE: Assesso r Tax Schedule Number: R247346 (totali ng 39.95 ac res )
A PPROVE D
DMW
Receio t No. 95030388
State E'rigmee r I
DATE ISS UED 09-30-20 08
By
EX PI RA T ION DAT E 09-3 0-2 00 9
Tuesday, March 11, 2008.max
Form No.
'GVYS-25 ~
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
13031 866-3581
2i6160 WELL PERMIT !\!UMBER -------"----"-----
DIV. 5 CNTY. 23 WO 45 DES. BASIN
Lot: 2A Block: Firing; Subdiv: GRASS MESA
APPRn\/ED \"/ELL LOCATION
G_ARF!ELD COUNTY
1095
MD
GREG & CHERI HASENBERG
P_O, BOX 3144
NE 114
Twp 6 S
NW 1 /4 Section 27
Rng 93 W 6th P.M.
GLENWOOD SPRINGS, CO 81602
DiSTANCES FROM SECTION LINES
(970)945-8363
PERMIT TO CONSTFIUCT A WELL
600 Ft. from
2150 Ft. from
NORTH Section Line
WEST Section Line
I , }
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS CF APPROVAL
This vvell shciil Us used in such a way as to cause no material injury to existing water rights. The issuance of
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Watflr Wei! Construction
and Pump instailatron Contractors in accordance with Rute 18.
31 Approved pursuant to CRS 37-92-602(3)(b)(ll)(A) as the only well on a tract of land of 40 acres described as
the NE JI., NW JI., Sac. 27, Twp. 6 S. Rng_ 93 W, 6th P.M., Garfield County.
4} .The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to
3 $ing!e fami!y dwe!!!ngs. the irrig~tion of not more than one acre of home gal'dens and lawns, and the watering
of dome!;:ti~ an!ma!s.
5} The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of the well must be through an individual waste water disposal system of the
non-evaporative type where the water is returned to the same stream system in which the well is located.
7) This ~ .. .'el! shall be constiucted not more than 200 feer from the iocation specified on this permit.
8} Monitoring hole notice MH-35477, was acknowledged for construction of a monitoring and observation hole
for this applicant, in this Y.., Y4, on 1 /19/99.
I
I
IL,-;:-_~0-v-ED---_.-;z:r="-'-Ll:_·/-_\-_-_~,..-JZ_~-_~,.~= ....... ~---_--====~----~-J_r_lct1_'
0
-/11-. -p-2-,fi-_~-----111
I Rece;pt No L}L} 3(5''''''"" DATE ISSUED MAR 16 1999 ~XPIRATION DATE MAR 16 2001
Tuesday, March 11, 2008.max
I WELL CONSTRUCTION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
2. owner Name(s) Greg Hasenberg
Mailing Address P.O. Box 3144
t IJ::::.l::::JLA > '.:il"l-'IQ ... ~n ';!"Fl U I I I 4'-lV IUV
City, St. Zip: Glenwood Springs, Co. 81602
Phone (970)945-8363
FOR OFFICE USE ONLY
APR 1 2 1999
sr.. . . \. ~ ~s
i.;{,Ld """"'
APPROVAL# GWS31-9Hl3
p.I WELL LOCATION AS DRILLED. NE 114 NW 114 Sec. 27 Twp. 06S Range 93W
DISTANCES FROM SEC. LINES:
600 ft. from North Sec. line. and 2150 ft. from West Sec. line. OR
SUBDIVISION : Grass Mesa LOT 2A BLOCK FILING(UNIT)
STREET ADDRESS AT \r_.,Yl:LL LOCATiON; I I 4 GROUND SURFACE ELEVAiiON ft. DRiLLiNG ME 1 tiOD Air Kotary
DATE COMPLETED 01126199 TOTAL DEPTH 194 ft. DEPTH COMPLETED 194 ft.
5. GEOLOGIC LOG I 6. HOLE DIAM. linl I FROM lftl I TO lftl
Depth Type of Material (Size, Color, and Type) I 9.0 I 0 I 25 ! I 000.185 Volcanic Rocks Clavs 1CM .• -·'-i -~ i ·-.
I
. . ,
185-194 Wasatch Formation I I
7. PLAIN CASING
OD Qn) Kind Well Size From (ft) To (ft)
7.0 Steel D.24 -1 25
5.5 PVC D.25 16 120
5.5 PVC 0.25 160 194
PERF. CASING: Screen Slot Size :
5.5 PVC .250 120 <an >UU
S. Filter Pack 9. Packer Placement
Material: Type :
WATER LOCATED 120 -160 Size: Depth :
I Interval:
REMARKS .
10. GROUTING RECORD
Material Amount Density lnteNal Plsoi.ment
cement 3 sks 16 gal 5-25 poured
11. DISINFECTION : Type: HTH Amt. Used: 2 oz.
12. WELL TEST DATA : [] Check Box If Test Data is Submitted On Supplemental Form.
TESTING METHOD : Air Compressor
Static Level : 109 fl. DatelTime Measured : 01126/1999 Production Rate 8 gpm.
Pumping Leve! Total ft. Dete/Time ~~1easured : 0112611999 Test Length · 2 his.
Remarks :
13 I hav. rue! tlw ~made horllin 1rld k;ngw lhe eont.l'lt$ ~.Ard that !hJy lll'fl tnJ&to In)' lcoowled:ga. ~1.181'11: to
· ~ry in Iha serorid dDgreo 1nd Is punbhat:t& 119 •dist 1 ~mnnor.)
(13)(11) CRS. the llllltino ()f taiM 9hit.meribcons!i!utls
CONTRACTOR : Shelton Drillina Corp.
M.::ailinn Arlrlrt:ICC . p n Qnv 1ni:;;.6" 0 ... .,. .. 1. '"'" c .. a'"> ...
Name I Title (Plaase Type or Pr!nt)
Wa ne Shelton I President
'
P.~o~!'. : <~~9L 921 -41 a2
Daie 03/12/99
OR\G\ I
APPENDIX B
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APPENDIX C
Aprll 18, 2008
Quicksilver Court meowners' Association
c/o Gregory 1. . nberg
1155 Quicks· er Way
Rifle, CO 1650
/
neap-Oreg:
Enclosed is your approved assignment of ownership and amended application for contract #070215GD(b). Please read the
contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water.
West Divide obtains its augmentation water from a number of sources and operates its water supply program pursuant to a
Temporary Substitute Supply Plan (TSSP) approved annually by the State Engineer's Office. TSSPs are common for water
conservancy districts and West Divide bas operated pursuant to a TSSP for several years with no significant reliability issues.
Federal policy relating to endangered species, environmental concerns, and forces of nature are always such that no source of
water can be guaranteed during any season or from year to year. Further, the State Engineer's Office periodically reviews the
geographic area served by West Divide and has recently made adeeision to teduce WestDivide's Area A Service Area. While
your structure is currently located within the West Divide Area A Service Area, the Division Engineer's Office could make
another adjustment to the Service Area in 1he future and your structure ~d fall outside the Service Area and be subject to
curtailment by tbe State Engineer's Office.
West Divide continues to make good-faith efforts to obtain alternative long-term supplies in an effort to make reliable and
predictable the water supply anticipated by your contract with us. West Divide also continues to make good-faith efforts to
maintain its existing TSSP and keep its Area A Service Area iniact. FQl'mosty~ we expect to be~ in these e1fons.
This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled
you are required to install a measuring device and submit a meter reading to West Divide, upon request.
Non-compliance with measuringand reporting requirements are grounds for canceUation of your water allotment contract with
West Divide; This could result in action by the State Engineer whicb·could prevent your further use of your well.
Sincerely yours,
Q_~ 'f'f\CA-dciG~
0~Maddock
Enclosure
cc Division No. 5 Water Resources w/enclosure
Kerry D. Sundeen, Hydrologist w/enclosure
~hristina Sloan, w/enclosure
President
Dan Hi::<,Fr~!lilnn. Director
Clerk and Recorde:r Recording Information
WEST DIVIDE WATER CONSERVANCY DISTRICT
APPLICATION FOR ASSIGNMENT OF OWNERSHIP
Print Form
Contract# 070215GD(b)
Map ID #_5_56 __
Date Activated 2/15/07
Water Allotrmmt Contract#: 070215GD(b) Date: April 7, 2008 -----'-------------
Name of Contract Holder: George H. Daniels, Ill _ __:::..._ ___ __:. __________________________ _
Name and Address of Assignee: _O_u_i_ck_s_il_ve_r_C_._ou_rt_H_o_m_e_o=w~n_e_r~s'~A_s~s~o~c=ia~ti_o_n ________________ _
1155 Quicksilver Way, Rifle, CO 81650
Telephone Number: 970~ __ 3_0_9-_3_2_36 _____ _
Amount of Water Assigned in Acre Feet: __ 2 __
Legal description ofparce:I where well is located: SE1/4SW1/4 S22, T6S, R93W 6th P.M. (Lot 2 Grass Mesa Ranch)
Recording Information of Memorandum
of Water Allotment Contract:
County Garfield
Book 1900
Reception No. _7_18_6_0_2 ___ _
Page 0513
The undersigned Contract Holder and Assignee do hereby give notice to and make application to West Divide Water
Conservancy District for the assignment of the above described Water Allotment Contract. By signing this instrument,
Assignee does hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract and all
addenda and e:xhibits therE:to. It is understood that Contract Holder is released from performance under said contract to the
extent that such performance has been hereby assumed by Assignee.
(Contract Holder)
(Assignee)
APPLICATION TO AiifENQ. WATER LEASE# 070215GD(b) ----~--'--~---~
Contract #070215GD(b}
Map # 556a, b, c
Date Activated 2/15/07
Date Amended 4/17/08
WEST DIVIDE WATER CONSERVANCY DISTRICT
109 West Fourth Street, P. 0. Box 1478, Rifle, Colorado 81650
1. APPLICANT INFORMATION
Name: Quicksilver Court Homeowners' Association
Mailing address: 1155 Quicksilver Way
. Rifle, CO 81650
Telephone: 970-309-3236
Authoriz.ed agent: Gregory t'. Hasenberg
:r~
2. COURT CASE #s: Decree Case No. -----------Augmentation Plan Case No.--------------
3. USEOFWATER
RESIDENTIAL
Numberofmainresidences: 7 No.ADU's 5
Subdivision: No. constructed units: No. vacan_ti_o-ts-
Horne garden/lawn irrigation of 49,0'CiO total sq. ft.
Method of irrigation: flood sprinkler x other
Non-commercial animal watering of 1 ;i · :--_:. anim~
Fire Protection x
Evaporation: Maximum water surface to be exposed: 10,000 SF
Description of any use, other than evaporation, and method of
diversion, rate of diversion, and annual amount of diversion of any
water withdrawn from the pond: Used for fire protection and irrigation.
Filled from Daniels Wells 1 & 2, only.
Well Sltaring Agreement for multiple owner wells n111st be submitted. If
greater titan two owners, applicntio11 must be matle under a ltomeowners
llS$OCitifio11.
COMMERCIAL
Number of units: _____ Total sq. ft. of commercial units: ___ _
Descriptionofuse: -------------------
INDUSTRIAL
Description of use: -------------------
Evaporation: Maximum water surface to be exposed: ______ _
Description of any use, other than evaporation, and method of diversion,
rate of diversion, and annual amount of diversion of any water withdrawn
fromthepond: ____________________ _
MUNICIPAL
Description of use: __________________ _
DIRECT PUMPING
Tributary: ---------------------Location: _____________________ _
4. SOURCE OF WATER
Structure: WeHs Structure Name: See attached
Source: surface__ storage__ ground water x
Current Permit# See attached (attach copy)
5. WCATION OF STRUCTURE
See attached descriptions .
County Quarter/quarter
Section Township
Distance of well from section lines:
Elevation: 6200 Well locati.-o-n-ad-dr_ess_: _____ _
Quarter
Range P.M.
Grass Mesa Ranch Lo=•t "2-=a-=n-.,,d"1"'1"'5""5"Q"u~ick-.-s~ilv'e-r~W~a-y-, R~ifl'e ___ _
(Attach additional pages for multiple structures)
6. LAND ON WHICH WATER WILL BE USED
(Legal description may be provided as an attachment.)
SE1/4SW1/4 S22, T6S, R93W 6th P.M. (Lot 2 Grass Mesa Ranch)
NE1/4NW1/4 S27, T6S, R93W, 6th P.M.
Number of acres in tract:. __ 7_9 _____ _
l11clusio1t into the District, at Applicant's expense, may be required.
7. TYPE OF SEW AGE SYSTEM
Septic tank/absorption leach field~ Central System __ Other_
District name: ---------------------
8. VOLUME OF LEASED WATER NEEDED lN ACRE FEET:
9' (minimum of 1 acre foot except augmentation
from Alsbury Reservoir where a lesser amount is allowed)
Pr01 1ide e11gi11eeri11g data to support w1lume of water requested.
Commercial, ;mmicipal, and illdttstrial users must provide diversion and
consumptive data on a montl1{v basis.
A totalh:ing flow meter witll remote reatlout i.'i required to be installed
and usage reporte<I to JVest Divide.
Applicant e.xpress{v acknowledges it !ws had tile opportunity to review
tile District's form Water Allotment Contract mu/ agrees this applicatio11
:;,;;;i:. ~u.n#aNtand '7j;:'2.r,!ns and co11tfitio11s contained • ,~z;/
Applicant Signature
Application Date:. __ <-<..y_-__:9_-_tJ_8;:::..' _· _
DATE APPROVED: __ ,c_j_·. _-_1_7_-_v_· _., __
Printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West DiyjpeWatei.Conservancy DiSJ;rict.
Fonn: WDWCDOl-Ol-08AMENDAPPLICATION . ----• _ :.. '
QUICKSILVER COURT HOMEOWNERS' ASSOCIATION
WATER STRUCTURES
Daniels Well #1
Permit #276142
SE1/4SW1/4, S22, T6S, R93W 6th P.M.
214 Ft. from South Section Line
1995 Ft from West Section Line
Daniels Well #2
Permit #66062-F
SE1/4SW1/4, 522, T6S, R93W 6th P.M.
125 Ft. from South Section Line
3190 Ft. from East Section Line
Hasenberg Well #1
Permit #216160
1\11=1 //11\1\A/1 //I C'J7 ThC:: QQ':l\A/ 6th D 1\11
l'llL...J../-rl'IVV.L/-r/ .JL..11 IV.JI 1'.J.JYV/ I olYlo
600 Ft. from North Section Line
2150 Ft. from West Section Line
Form No_
GWS-25
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg_, 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581 1095
WELL PERMIT NUMBER ___ 27_6_1_4_2 _____ _
APPLICANT DIV. 5 WD45 DES. BASIN MD
GEORGE H DANIELS Ill
176 GH DANIELS BLVD
GYPSUM, CO 81637-
(970) 471-0920
Lot: 2 Block: Filing: Subdiv: GRASS MESA RANCH
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 SW 1/4 Section 22
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
214 Ft. from South
1995 Ft. from West
Section Line
Section Line
UTM COORDINATES (Meters,Zone:13,NAD83)
PERMIT TO CONSTRUCT A WELL Easting Northing:
f
I
1)
2)
3)
4)
I 5)
6)
7)
I
I 8) I
9)
I 10)
I I i 1)
1 12)
I
ISSUANCE OF THIS PERM!T DOES ~JOT COi'JFER A \fvATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has
been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1 )(f). Use of this well is limited to monitoring water levels
and/or water quality sampling. This well is known as Daniels MonitoringiObservaiion Well no. 1.
Approved as a well on a tract of land of 39.87 acres described as lot 2, Grass Mesa Ranch division of land, Garfield County.
This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be
kept capped and locked at all times except during sampling or measuring.
Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of
Water Resources upon request.
Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction
Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging.
The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take
necessary means and precautions to preserve these markings.
This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well
Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved
prior to well construction.
A Well Construction and Test Report (Form GWS-31), including lithologic log must be submitted by the individual authorized to construct the
well. For non-standard construction, the report must include an as-built drawing showing details such as depth, casing, perforated zones, and a
description of the grouting type and interval.
This well shall be constructed not more than 200 feet from the location specified on this permit.
Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well
to be converted to a production well is limited ~y all govern~ng statutes, rules, regulations, orders, and/or decrees. _.,;--?.... ?-.....---
NOTE: Permit no. 66062-F was previously issued for this lot. ·--~
NOTE: Parcel Identification Number (PIN}: 23-2177-223-00-463 / 2 ~ ~/'2.?7.? 7 NOTE: Assessor Tax Schedule Number: R247345
APPROVED
DMW
I
} '"~<#i~P1t.J (..Y---7/..f' )-., . L---~~i.-l
Receiot No. 9502958 DATE ISSUED 12-04-2007
By
EXPIRATION DATE 12-04-2009
OFFICE OF THE STATE ENGINEER Form No.
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
APPLICANT
GH DANIELS Ill
176 GH DANI ELS BLVD
GYPSUM, CO 81637-
WELL PERMIT NUMBER ___ 66_0_6_2 ___ -_F __
DIV. 5 WD45 DES. BASIN MD
Lot: 2 Block: Filing: Subdiv: GRASS MESA RANCH
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1 /4 SW 1 /4 Section 22
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
125 Ft. from South
3190 Ft. from East
Section Line
Section Line
EXST
(970) 4 71-0920 UTM COOR DI NA TES (Meters.Zone: 13, NAD83)
PERMIT TO USE AN EXISTING WELL Easting: Northing:
·~~~~~ ·~~~~--~~~~~~
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has
been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the
condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the
State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for
the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract
#070215GD(a).
4) Approved as a well on a tract of land of 39.87 acres described as the SE 1/4 of the SW 1/4, Sec. 22, Twp. 6 South, Rng. 93 West, 6th P.M.,
further identified as lot 2, Grass Mesa Ranch division of land, Garfield County.
5) Approved for the installation of a pump in, and the use of, an existing well, constructed on March 10, 1999, to a depth of 223 feet, under
monitoring hole notice MH-357 41.
6) The use of ground water from this well is limited to fire protection (storage and filling of a pond with a surface area of 10,000 square feet and
an annual evaporation amount of 0.72 acre-foot), ordinary household purposes inside four (4) single family dwellings, the irrigation of not
more than 20,000 square feet (0.46 of an acre) of home gardens and lawns, and the watering of eight (8) domestic animals. All use of this well
will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Daniels Well no. 2.
7) The pumping rate of this well shall not exceed 15 GPM.
8) The average annual amount of ground water to be appropriated shall not exceed 3.242 acre-foot (1 ,056,406 gallons).
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as
appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
11) This well shall be located not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2177-223-00-463
NOTE: Assessor Tax Schedule Number: R247345
APPROVED
DMW
State Errg1r1~ ,f
Recei t No. 9502822 DATE ISSUED 07-27-2007
c;9---Lt//-/"J. 7--/?~>:l«-vl'~
By
EXPIRATION DATE 07-27-2008
I GWS-25
APPLICANT
COLORADO DIVISION OF WATER RESOURCES " ,
818 Centennial Btdg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581 :1·<
\.._-·; --=--)
WELL PERMIT NUMBER 216160
DIV. 5 CNTY. 23 WD 45 DES. BASIN
Lot: 2A Block: Filing: Subdiv: GRASS MESA
APPROVED WELL LOCATION
GARFlELO COUNTY
1095
MD
GREG & CHERI HASENBERG
P.O. BOX 3144
NE 1/4 NW 1 /4 Section 27
Twp 6 S Rng 93W 6th P.M.
GLENWOOD SPRINGS, CO 81602
DISTANCES FROM SECTION LINES
600 Ft. from NORTH Section Line
(970)945-8363 2150 Ft. from WEST Section Line
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3}(b)(ll)(A} as the only well on a tract of land of 40 acres described as
the NE %, NW %, Sec. 27, Twp. 6 S, Rng. 93 W, 6th P.M., Garfield County.
4) The use of ground water from this well is limited to fire protection, ordina?f'h~u.sehold purposes inside up to
3 single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering
of domestic animals.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of the well must be through an individual waste water disposal s'fStem: of the
non-evaporative type where the water is returned to the same stream system in which the we ff is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
8) Monitoring hole notice MH-35477, was acknowledged for construction of a monlturing and observation hoie
for this appiicant, in this Y4, Y4, on 1 /19/99.
APPROVED
SAP
RF!r.F!int No
State Engineer
nA TF 1,:;,:;11Fn MAR
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
TOTAL
WATER USE ESTIMATES
COLORADO RIVER SERVICE AREA
WEST DIVIDE WATER CONSERVANCY DISTRICT
APPLICANT:llJlllJllJlllllJll••········· Contract Amount w/ 5% transit Loss = 3.9.9 acre feet
',
Unit Value:
Irrigation
Diversion
(ft)
0.049
0.364
0.526
0.568
0.445
0.316
0.081
2.349
(1)
(2)
(3)
(4)
(5)
(6)
(7)
DWELLING UNITS:
IRRIGATED AREA (SQ FT):
COMMERCIAL AREA (SQ FT):
NO. OF LIVESTOCK:
ELEVATION (MSL):
EVAPORATION AREA (Acre):
', ', ', ',
Unit Value:
Irrigation In House In House Commercial
C.U. Diversion C.U. Diversion
(ft) (AF) (AF) (AF)
0.40 0.06 0.00
0.36 0.05 0.00
0.40 0.06 0.00
0.039 0.39 0.06 0.00
0.291 0.40 0.06 0.00
0.421 0.39 0.06 0.00
0.454 0.40 0.06 0.00
0.356 0.40 0.06 0.00
0.253 0.39 0.06 0.00
0.065 0.40 0.06 0.00
0.40 0.06 0.00
0.40 0.06 0.00
1.879 4.72 0.71 0.00
80% irrigation efficiency for sprinkler systems
Blaney Criddle assessment with Pochop adjustments
350 gallons per day per residence
15% consumptive use for ISDS systems
200 gallons per day per 1000 sq ft of commercial space
15% consumptive use for ISDS systems
Column (1) •irrigated area in acres
',
Commercial
C.U.
(AF)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Irrigation
Diversion
(AF)
0.00
0.00
0.00
0.05
0.41
0.59
0.64
0.50
0.36
0.09
0.00
0.00
2.64
(8)
(9)
(10)
(11)
(12)
(13)
Transit Loss:=
''
Livestock
Irrigation Diversion & Pond
c.u. C.U. Evaporation
(AF) (AF) (AF)
0.00 0.02 0.00
0.00 0.02 0.00
0.00 0.02 0.05
0.04 0.02 0.08
0.33 0.02 0.11
0.47 0.02 0.13
0.51 0.02 0.13
0.40 0.02 0.12
0.28 0.02 0.09
0.07 0.02 0.06
0.00 0.02 0.01
0.00 0.02 0.00
2.11 0.21 0.77
Column (2) • irrigated area in acres
Livestock use at 11 gallons per head per day
Evaporation Calculations
5.0%
\ ----, ' ~'
Total
Total Total Contract
Diversion c.u. Amount
(AF) (AF) (AF)
0.438 0.078 0.082
0.396 0.070 0.074
0.486 0.123 0.129
0.565 0.198 0.208
0.979 0.511 0.536
1.180 0.676 0.710
1.247 0.720 0.756
1.089 0.597 0.627
0.890 0.448 0.470
0.599 0.212 0.223
0.448 0.087 0.091
0.438 0.078 0.082
8.754 3.799 3.989
Column (3) +Column (5) +Column (7) +Column (9) +Column (10) plus 5% transit loss
Column (4) +Column (6) +Column (8) +Column (9) +Column (10)
Column (12) plus transit loss
Quicksilver water use estimates 041508.xls 4/16/2008
DRAFT
TABLE 1
ESTIMATED WATER DEMANDS
Quicksilver Court Subdivision
People Use per Total Demand
~rs __p~unit _ . __ unit (gp(j) No. Units (af/yr)
In-house Uses (fl 100 3.5 350 12 4.71
Total Demand
ft/yr _ _ Sqft/Lot No. Lots (af/yr)
Irrigation (2 l 2.35 7,000 7 2.64
Total Demand
gpd/horse No. of Horses (af/yr)
Horse Watering (3 l 11 17 0.21
Surface Area Total Demand
ft/yr (acres) _(af/yr)
Pond Evaporation (4l 2.87 0.23 0.66
Total Demand (af/yr) 8.22 Met by three existing wells
Total Demand per Well (af/yr) 2.74
Average Rate per Well (gpm) 1.70
Notes: (1) In-house uses include 7 dwelling units and 5 accessory dwelling units
100 gpd per person use value per Subdivision Regulations of Garfield County, CO of 1984
(2) Irrigation application rate from WDWCD worksheet
(3) Assumed 2 horses per lot (7 lots) and 11 gpd per horse per WDWCD worksheet
(4) Pond surface area planned to be 10,000 sqft and for calculation purposes was assumed
to always be full.
Jehn Water Consultants, Inc.
March 27, 2008
Job No. 720. 1
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
TOTAL
WATER USE ESTIMATES
COLORADO RIVER SERVICE AREA
WEST DIVIDE WATER CONSERVANCY DISTRICT
APPLICANT:I Qulcksllver Court HOA I Contract Amount w/ 5% transit Loss = 3.99 acre feet
Unit Value:
Irrigation
Diversion
(ft)
0.049
0.364
0.526
0.568
0.445
0.316
0.081
2.349
(1)
(2)
(3)
(4)
(5)
(6)
(7)
DWELLING UNITS: 12
IRRIGATED AREA (SQ FT): 49000
COMMERCIAL AREA (SQ FT): 0
NO. OF LIVESTOCK: 17
ELEVATION (MSL): 6200
EVAPORATION AREA (Acre):'-'0=.2"'-3 __ _,
Unit Value:
Irrigation In House In House Commercial
c.u. Diversion c.u. Diversion
(ft) (AF) (AF) (AF)
0.40 0.06 o.oo
0.36 0.05 0.00
0.40 0.06 0.00
0.039 0.39 0.06 0.00
0.291 0.40 0.06 0.00
0.421 0.39 0.06 0.00
0.454 0.40 0.06 0.00
0.356 0.40 0.06 0.00
0.253 0.39 0.06 0.00
0.065 0.40 0.06 0.00
0.40 0.06 0.00
M.Q w 0.00
1.879 4.72 0.71 0.00
80% Irrigation efflclency for sprink ler systems
Blaney Criddle assessment with Pochop adjustments
350 gallons per day par residence
15% consumptive use for ISDS systems
200 gallons par day per 1000 sq ft of commercial space
15% consumptive use for ISDS systems
Column (1) • Irrigated area In acres
Transit LoS$= 5.0%
Livestock Total
Commercial Irrigation Irrigation Diversion & Pond Total Total Contract
c.u. Diversion c.u. c.u. Evaporation Diversion c.u . Amount
(AF) (AF) (AF) (AF) (AF) (AF) (AF) (AF)
0.00 0.00 0.00 0.02 0.00 0.438 O.Q78 0.082
0.00 0.00 0.00 0.02 0.00 0.396 0.070 0.074
0.00 0.00 0.00 0.02 0.05 0.486 0.123 0.129
0.00 0.05 0.04 0.02 0.08 0.565 0.198 0.208
0.00 0.41 0.33 0.02 0.11 0.979 0.511 0.536
0.00 0.59 0.47 0.02 0.13 1.180 0.676 0.710
0.00 0.64 0.51 0.02 0.13 1.247 0.720 0.756
0.00 0.50 0.40 0.02 0.12 1.089 0.597 0.627
0.00 0.36 0.28 0.02 0.09 0.890 0.448 0.470
0.00 0.09 0.07 0.02 0.06 0.599 0.212 0.223
0.00 0.00 0.00 0.02 0.01 0.448 0.087 0.091 .
.Q.Q.Q Q.Q.Q l2..QQ ~ Q,QQ ~ QJfil .M.a6
0.00 2.64 2.11 0.21 0.77 8.754 3.799 3.989
(6) Column (2) • Irrigated area In acres
(9) Livestock use at 11 gallons per head par day
(1 O} Evaporation Calculations
(11} Column (3) +Column (5) + Column (7) +Column (9) +Column (10) plus 5% tranalt Iott
(12} Column (4) +Column (6) +Column (8) +Column (9) +Column (10)
(13} Column (12) plus transit loss
Quicksilver water use estimates 041508.xls 4/16/2008
Form
No.
GWS-11
1/2009
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203
Phone -Info: (303) 866-3587 Main: (303) 866-3581
Fax: 303 866-3589 h ://www.water.state.co.us
CHANGE IN OWNER NAME/ADDRESS
CORRECTION OF THE WELL LOCATION
Review instructions on the reverse side prior to completing the form.
Name. address and phone of person claiming ownership of the well permit:
NAME(S): Quicksilver Court Homeowners' Associatio _______ _
Mailing Address: 1155 Quicksilver Court ___________ _
City, St. Zip: Rifle, co 81650 _______________ _
Phone: (970) 309-3236
E-mail (optional): jeepberg@yahoo.com. ____________ _
For Office Use Only
This form is filed by the named individual/entity claiming that they are the owner of the well permit as referenced below. This
filin is made ursuant to C.R.S. 37-90-143.
WELL LOCATION: Well Permit Number: 67565-F _____ Receipt Number:9503038A_ Case Number:N/A ___ _
County Garfield Well Name or# (optional) Daniels Well l ______ _
~~re~ ~ity) (State) (Zip)
SE1/4 of theSW 1/4, Sec. 22, Twp. 6 0 N. or~ S., Range 93 0 E. or~ W., 6th ____________ P.M.
Distance from Section Lines: 330 ____ Ft. From 0 N. or~ S., 1835 ____ Ft. From 0 E. or~ W. Line.
Subdivision Name Grass Mesa Ranch Lot 2 , Block__ , Filing/Unit __
The above listed owner(s) say(s) that he, she (they) own the well permit described herein. The existing record is being
amended for the following reasons:
~ Change in name of owner 0 Change in mailing address 0 Correction of location for exempt wells permitted prior to May
8, 1972 and non-exempt wells permitted before May 17, 1965.
Please see the reverse side for further information regarding correction of the well location.
I (we) claim and say that I (we) (are) the owner(s) of the well permit described above, know the contents of the statements
made herein, and state that the are true to m our knowled e.
res of agents are acceptable
State Engineer By Date
Form
No.
GWS-11
l/2009
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
818 Centennial Bldg., 1313 Shennan St., Denver, CO 80203
Phone-Info: (303) 866-3587 Main: (303) 866-3581
Fax: 303 866-3589 h ://www.water.state.co.us
CHANGE IN OWNER NAME/ADDRESS
CORRECTION OF THE WELL LOCATION
Review instructions on the reverse side prior to completing the form.
Name. address and phone of person claiming ownership of the well oennit:
NAME(S): Quicksilver Court Homeowners' Associatio _______ _
Mailing Address: 1155 Quicksilver Court ___________ _
City, St. Zip: Rifle, CO 81650 _______________ _
Phone: (970) 309-3236
E-mail (optional): jeepberg@yahoo.com ____________ _
For Office Use Only
This form is filed by the named individual/entity claiming that they are the owner of the well permit as referenced below. This
filin is made ursuant to C.R.S. 37-90-143.
WELL LOCATION: Well Pennit Number: 67566-F _____ Receipt Number:9503156_ Case Number:N/A ____ _
County Garfield Well Name or# (optional) Daniels Well 2 ______ _
(Address) (City ) (State) (Zip)
SE1/4 oftheSW 1/4, Sec. 22, Twp. 6 0 N. or 181 S., Range 93 0 E. or 181W.,6th _____________ P.M.
Distance from Section Lines: 125 ____ Ft. From D N. or 181 S., 3190 ____ Ft. From 181 E. or D W. Line.
Subdivision Name Grass Mesa Ranch Lot 2 , Block__ , Filing/Unit __
The above listed owner(s) say(s) that he, she (they) own the well pennit described herein. The existing record is being
amended for the following reasons:
181 Change in name of owner 0 Change in mailing address D Correction of location for exempt wells pennitted prior to May
8, 1972 and non-exempt wells pennitted before May 17, 1965.
Please see the reverse side for further infonnation regarding correction of the well location.
I (we) daim and say that I (we) (are) the owner(s) of the well permit described above, know the contents of the statements
made herein, and state that the are true to m our knowled e.
Signature(s) of the new owner Please print the Signer's Name & Title f/p,f Date
f 6eG·ol' J, f//;~~~ l--2L/-/O
res of agents are acceptable
State Engineer By Date
Form
No.
GWS-11
1/2009
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
818 Centennial Bldg., 1313 Shennan St., Denver, CO 80203
Phone -Info: (303) 866-3587 Main: (303) 866-3581
Fax: 303 866-3589 h ://www.water.state.co.us
CHANGE IN OWNER NAME/ADDRESS
CORRECTION OF THE WELL LOCATION
Review instructions on the reverse side prior to completing the form.
Name. address and phone of person daiming ownership of the well oennit:
NAME(S): Quicksilver Court Homeowners' Associatio _______ _
Mailing Address: 1155 Quicksilver Court. ___________ _
City, St. Zip: Rifle, co 81650 _______________ _
Phone: (970) 309-3236
E-mail (optional): jeepberg@yahoo.com ____________ _
For Office Use Only
This fonn is filed by the named individual/entity claiming that they are the owner of the well pennit as referenced below. This
filin is made rsuant to C.R.S. 37-90-143.
WELL LOCATION: Well Pennit Number: 67567-F Receipt Number:9503038B_ Case Number:N/A ___ _
County Garfield Well Name or# (optional) Hasenberg Weill _____ _
1155 Quicksilver Court Rifle C0 ___ 81650 __
(Address) (City) (State) (Zip)
NE1/4 oftheNW 1/4, Sec. 27, Twp. 6 0 N. or 181 S., Range 93 0 E. or 181W.,6th'"--___________ P.M.
Distance from Section Lines: 600 ____ Ft. From 181 N. or 0 S., 2150 ____ Ft. From 0 E. or 181 W. Line.
Subdivision Name Grass Mesa Ranch Lot 2A , Block__ , Filing/Unit __
The above listed owner(s) say(s) that he, she (they) own the well pennit described herein. The existing record is being
amended for the following reasons:
181 Change in name of owner 0 Change in mailing address 0 Correction of location for exempt wells pennitted prior to May
8, 1972 and non-exempt wells pennitted before May 17, 1965.
Please see the reverse side for further infonnation regarding correction of the well location.
I (we) claim and say that I (we) (are) the owner(s) of the well pennit described above, know the contents of the statements
made herein, and state that the are true to m our knowled e.
State Engineer By Date
Exhibit J
DECLARATION OF PROTECTIVE COVENANTS
QUICKSILVER COURT SUBDIVSION
This DECLARATION OF PROTECTIVE COVENANTS (the “Declaration”),
effective this ________ day of ___________________ 2010, is made and entered into by the
G.H. Daniels, III and Gregory Hasenberg (collectively referred to herein as the “Declarant”).
RECITALS
A. Declarant G.H. Daniels, III is the owner of that certain real property situated in Garfield
County, Colorado, known as Lots 4, 5, 6 and 7 of the Quicksilver Court Subdivision, as defined
below, a resubdivision of Lot 2, Grass Mesa Ranch.
B. Declarant Gregory Hasenberg is the owner of that certain real property situated in
Garfield County, Colorado, known as Lots 1, 2 and 3 of the Quicksilver Court Subdivision, as
defined below, a resubdivision of original Lot 2A, Grass Mesa Ranch. Lots 4, 5, 6, and 7 are
collectively referred to herein as the “Property.”
C. The Garfield County Board of County Commissioners approved the resubdivision of
said seven (7) lots on ______ via Resolution No. _____.
D. The Property is subject to the Governing Documents of Grass Mesa Ranch, including the
Declaration of Easements, Restrictions, and Covenants for Grass Mesa Ranch, recorded at
Reception No. 342693 on June 7, 1983, the First Amendment thereto recorded at Reception No.
471633 on December 2, 1994, the Second Amendment thereto recorded at Reception No. 482601
on September 1, 1995, the Third Amendment thereto recorded at Reception No. 485187 on
November 7, 1995, the Fourth Amendment thereto recorded at Reception No. 489419 on
February 26, 1996, the Fifth Amendment thereto recorded at Reception No. 599775 on March
25, 2002, the Correction to the Fifth Amendment recorded at Reception No. 602916 on May 7,
2002, the 6th Amendment thereto recorded at Reception No. 637310 on September 25, 2003, and
the 7th Amendment thereto recorded at Reception No. 650236 on April 15, 2004, all of which are
recorded in the real property records of Garfield County.
E. The Property is also subject to the Governing Documents of the Grass Mesa Ranch
Homeowners’ Association, including the Articles of Incorporation and Bylaws.
F. In addition, Declarant has formed the Quicksilver Court Subdivision Homeowners’
Association, a Colorado non-profit corporation, to exercise the functions set forth herein and to
own, lease, hold, operate, care for and manage certain property - including the water distribution
system, Quicksilver Court, and the Fire Protection, Utility, and Drainage Easement and Right-of-
Way - for the common benefit of Owners and Occupants of Lots within, and of any other person
acquiring an interest in, the Property.
G. Declarant now desires to establish additional covenants, conditions and restrictions upon
the Property with respect to the proper use, occupancy, improvement, and enjoyment thereof, all
for the purposes of enhancing and protecting the value, desirability and attractiveness of the
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 2
Property.
ARTICLE 1
DEFINED TERMS
To supplement the definitions provided for in the Bylaws, the following terms shall have
the meaning set forth below; provided, however, that, except as otherwise specifically provided
herein and in the Bylaws, all terms used herein shall have the same definition as in the Colorado
Common Ownership Interest Act and the Colorado Revised Nonprofit Corporation Act:
1.1 Accessory Dwelling Unit or ADU. Accessory Dwelling Unit or ADU shall mean a
separate additional living unit, including separate kitchen, sleeping, and bathroom facilities,
attached or detached from the primary residential unit, as more particularly defined in the
Garfield County Unified Land Use Resolution of 2008, as amended, and herein.
1.2 Act. The Act shall mean the Colorado Common Ownership Interest Act, codified at
C.R.S. §§ 38-33.3-101, et seq., as amended.
1.3 Allocated Interests means the Common Expenses liability and the votes in the
Association allocated to each Lot, as further described in Section 3.2.
1.4 Architectural Review Committee or Committee. Architectural Review Committee or
Committee means the committee appointed by the Board of Directors for the purpose of
implementing the architectural review provisions of this Declaration and architectural guidelines
for the Community to insure proper use, appropriate Improvement, and harmonious additions,
alterations, and Improvements within the Community.
1.5 Assessment or Common Expense Assessment. Assessment or Common Expense
Assessment shall include all common expense assessments, insurance assessments, utility
assessments, and any other expense levied to Lots pursuant to this Declaration or the Act,
including interest, late fees, attorney fees, fines, and costs.
1.6 Association. The Association shall mean and refer to the Quicksilver Court Subdivision
Homeowners’ Association, its successors and assigns.
1.7 Board of Directors or Board. Board of Directors or Board shall mean the body,
regardless of name, designated in the Governing Documents to act on behalf of the Association.
1.8 Common Elements or Common Area. Common Elements or Common Area shall mean
to the extent of the Association’s interest therein: (a) all real and personal property, including
Improvements, now or hereafter owned or leased by the Association; (b) all Common Areas now
or hereafter owned, leased or maintained by the Association, together with all improvements
thereon - including Quicksilver Court; (c) all easements created or reserved on any Plat or in this
Declaration, as amended, or in any separate agreement, for the use and benefit of the Association
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 3
and/or the Owners, including the Public Utility Easement, Well and Utility Easement,
Quicksilver Court Right-of-Way, and Fire Protection, Utility, and Drainage Easement; and (d)
the Water Distribution System, as defined herein.
1.9 Common Expenses. Common Expenses shall mean and refer to all expenditures made
and liabilities incurred by or on behalf of the Association, together with any allocation by the
Association to reserves.
1.10 Common Interest Community. The Common Interest Community or the Community
shall mean the Planned Community and its real property known as the “Quicksilver Court
Subdivision,” as further defined by, and subject to, the Plat and the Governing Documents, all of
which is located in Garfield County.
1.11 Declaration. Declaration shall mean and refer to this Declaration of Protective Covenants
for the Quicksilver Court Subdivision, as amended, recorded in the office of the Clerk and
Recorder of Garfield County, Colorado.
1.12 Governing Documents. Governing Documents shall mean the Articles of Incorporation,
the Bylaws, the Declaration, the Plat, and any Policies and Procedures adopted by the
Association, as they may be amended.
1.13 Improvement. Improvement means any improvement, structural or otherwise, alteration,
addition, repair, excavation, grading, landscaping or other work which in any way alters any
property within the Community, or the improvements located thereon, from its natural or
improved state existing on the date this Declaration, as amended, was first recorded, including,
but not limited to, dwelling units, including ADUs, buildings, outbuildings, additions, swimming
pools, patio covers, awnings, the painting, staining or other change of any exterior surfaces of
any visible structure, walkways, outdoor sculptures or artwork, sprinkler or irrigation systems,
garages, carports, roads, driveways, parking areas, ponds, ditches, fences, screening walls,
retaining walls, stairs, decks, flag poles, fixtures, landscaping (including the addition, alteration
or removal of any tree, shrub or other vegetation), hedges, windbreaks, plantings, planted trees
and shrubs, gardens, poles, signs, tanks, solar equipment, wind harnessing or other energy
generating equipment, exterior air conditioning, water softener fixtures, utilities, antennae and
satellite dishes or receivers. Once an Improvement has been constructed or accomplished on a
property within the Community, any subsequent alteration of or addition to or removal of that
Improvement shall also constitute an Improvement hereunder.
1.14 Lot. Lot shall mean and refer to any of the Lots shown upon the Plat of the Property,
together with all appurtenances thereto and improvements now or hereafter located thereon, with
the exception of the Common Areas.
1.5 Member. Member shall mean any Owner. The terms “Member” and “Owner” may be
used interchangeably herein.
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1.16 Notice. Except as otherwise stated in the Governing Documents, Notice shall be made by
transmitting information by US mail or electronically - by facsimile, email or posting to a
website - to the Owner’s mailing address, email address, or facsimile number, as appropriate and
as it appears in the records of the Association. In addition, the Association shall post all such
notices in a conspicuous place, if possible. All notices to the Association or the Board shall be
delivered to the Association’s Registered Agent, on record with Colorado’s Secretary of State.
1.17 Notice and Hearing. Notice and Hearing shall mean written notice delivered to an
Owner(s) at the last known address of record via certified U.S. Mail, return receipt requested,
and an opportunity to be heard at a Special Meeting of the Board of Trustees, to be held no more
than five (5) business days after notice is given. The Notice shall include the Hearing date,
location, time, and agenda.
1.18 Officer. “Officer” shall mean any person designated as an Officer of the association and
any person to whom the executive board delegates responsibilities under the Act, including,
without limitation, a managing agent, attorney, or accountant employed by the executive board.
1.19 Owner. Owner shall mean the owner of record title, whether one or more persons or
entities to any Lot which is a part of the Property, including contract sellers, but excluding those
having an interest merely as security for the performance of an obligation. The terms “Member”
and “Owner” may be used interchangeably herein.
1.20 Planned Community. Planned Community shall mean the Common Interest Community,
which is not a condominium or cooperative.
1.21 Plat. Plat shall mean the Final Plat of the Quicksilver Court Subdivision, recorded in the
real property records of Garfield County on ______ at Reception No. _____ in Plat Book ___,
Page ___.
1.22 Property. Property shall mean the real property described herein, together with all
easements, rights, and appurtenances thereto and the buildings and Improvements erected or to
be erected thereon, all of which are located in Garfield County and further described in, and
subject to, the Plat and Governing Documents.
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1.23 Policies and Procedures. Policies and Procedures shall mean those policies, procedures,
and rules and regulations adopted by the Association, as required under the Act, at C.R.S. § 38-
33.3-209.5(1)(b), and concerning: (I) Collection of unpaid assessments; (II) Handling of conflicts
of interest involving board members; (III) Conduct of meetings, which may refer to applicable
provisions of the nonprofit code or other recognized rules and principles; (IV) Enforcement of
Declaration and rules, including notice and hearing procedures and the schedule of fines; (V)
Inspection and copying of association records by Lot Owners; (VI) Investment of reserve funds;
(VII) Procedures for the adoption and amendment of policies, procedures, and rules; and (VIII)
Procedures for addressing disputes arising between the association and Lot Owners.
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1.24 Shared Well. Shared Well shall mean a well shared by two or more Lots. There are three
(3) Shared Wells located within the Subdivision. Shared Well 1 (Permit No. 67567-F) shall
serve Lots 1, 2 and 3; Shared Well 2 shall serve lots 4 and 5 (Permit No. 67565-F); and Shared
Well 3 (Permit No. 67566-F) shall serve Lots 6 and 7.
1.25 Single-Family Dwelling. Single-Family Dwelling shall mean the primary residential unit
on each Lot.
1.26 Subdivision. Subdivision shall mean the Quicksilver Court Subdivision. Subdivision
shall mean Community.
1.27 Water Distribution System. The Water Distribution System shall be comprised of the
Shared Wells, their equipment, distribution lines, valves, easements, permits, and West Divide
Water Conservancy Contract No. 070215GD(b). The Water Distribution System shall terminate
at the location of the totalizing flow meter on each Lot.
ARTICLE 2
IDENTIFICATION OF COMMUNITY
2.1 Name and Type. The type of Common Interest Community is a Planned Community.
The name of the Planned Community is the “Quicksilver Court Subdivision.” The name of the
Association governing the Community is the “Quicksilver Court Subdivision Homeowners’
Association.”
2.2 Property. The Planned Community is located in Garfield County, Colorado, which is
more particularly described as Lots 1, 2, 3, 4, 5, 6, and 7, Quicksilver Court Subdivision,
according to the Plat thereof recorded in the real property records of Garfield County on ______
at Reception No. _____, a resubdivision of Lots 2 and 2A, Grass Mesa Ranch. All easements,
licenses, and other encumbrances to which the Community is subject, as of the date of
recordation of the Plat, are shown on the Plat or reflected in this Declaration.
2.3 Number of Lots. The number of single-family Lots initially created in the Community is
7.
2.4 Description of Lots. The identification of each Lot is shown on the Plat. Every contract
for sale of a Lot, or every other legal instrument affecting title to a Lot, such as a deed, lease,
Security Interest, or will, shall legally describe a Lot by its identifying lot number, followed by
the name of the Community, with reference to the Plat and this Declaration, as follows:
Lot _____, Quicksilver Court Subdivision, according to the Declaration of Protective
Covenants of the Quicksilver Court Subdivision, recorded in the real property records of
Garfield County on __________, at Reception No. __________, and the Final Plat,
recorded in the real property records of Garfield County on __________, at Reception
No. _________, a resubdivision of Lot 2 [or 2A], Grass Mesa Ranch.
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Said reference to the Declaration and Plat shall be deemed to include any supplement or
amendment thereto, without specific reference. Such description shall be construed to describe
the Lot, and to incorporate all rights incident to ownership of a Lot, and all limitations on such
ownership as described herein.
2.5 Owners’ Easements of Enjoyment. Every Owner, including the Owner’s family, tenants,
and guests, shall have a right and easement of enjoyment in and to any Common Area. Such
easement shall be appurtenant to and shall pass with the title to every Lot, subject to the
following provisions:
(a) the right of the Association to promulgate and publish Policies and
Procedures, and Rules and Regulations, with which each Owner and their tenants,
invitees, licensees and guests shall strictly comply;
(b) the right of the Association to suspend the voting rights and after Notice and
Hearing, the right to use any Common Area, during any period of violation;
(c) the right of the Association upon approval of at least seventy percent (70%) of
the Owners, to mortgage the Common Area as security, provided that the rights of such
mortgage shall be subordinate to the rights of the Owners;
(d) the right, power, and authority of the Association to grant any easement,
right-of-way, license, lease, dedication, transfer or conveyance or grant of any similar
interest affecting any Common Area: and
(e) the right of the Association to close or limit the use of any Common Area
while maintaining, repairing and making replacements in any Common Area.
ARTICLE 3
THE ASSOCIATION
3.1 Membership. As further explained in the Bylaws of the Association, every record Owner
of a fee interest in any Lot subject to this Declaration shall be a member of the Association.
Membership shall he appurtenant to and may not be separated from ownership of any Lot.
Ownership of such Lot shall be the sole qualification for such membership. Each Lot shall be
allocated one (1) vote which shall be cast as a single vote and shall not be subject to fractional
voting. To this end, regardless of the number of dwelling units, including ADUs, built upon any
Lot, the Lot shall be entitled to only one (1) vote. No votes allocated to a Lot owned by the
Association may be cast.
3.2 Allocated Interests. The Allocated Interests, the Common Expenses liability and the
votes in the Association allocated to each Lot, are based on the total number of votes in the
Association. Each Lot shall have an Allocated Interest of 1/7 regardless of the number of
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dwelling units built thereon.
3.3 Association Management of Common Elements. In accordance with Articles 4 and 6, the
Association shall operate, install, repair, replace, and maintain the Subdivision’s Common
Elements, including the Water Distribution System, the Fire Protection System, public utilities
dedicated on the Final Plat, and Quicksilver Court for the common benefit of Owners and
Occupants of Lots within the Subdivision.
3.4 Easements.
(a) The Declarant has granted to the Association, by separate recorded
document, as shown on the Plat, the following easements:
i. Public Utility Easements. The Association shall have:
a. A ten-foot (10’) wide, nonexclusive, perpetual easement over,
across, and through Lots 3, 5, 6, and 7 for public utilities along
each side of Quicksilver Court, including but not limited to,
water, electric, gas, telephone, and cable, together with the
right of ingress and egress to install, construct, operate,
maintain, and repair the said public utilities.
b. A twenty-foot (20’) wide, nonexclusive, perpetual easement
over, across, and through the Property for public utilities,
including but not limited to, water, electric, gas, telephone, and
cable, together with the right of ingress and egress to install,
construct, operate, maintain, and repair the said public utilities.
c. A forty-foot (40’) wide, perpetual, non-exclusive easement
over, across, and through Lots 2 and 3 for public utilities,
including but not limited to, water, electric, gas, telephone, and
cable, together with the right of ingress and egress to install,
construct, operate, maintain, and repair the said public utilities.
ii. Well and Utility Easement. The Association shall have a twenty-
foot (20’) wide, nonexclusive, perpetual easement over, across, and
through the Property for wells and appurtenant utilities, together with the
right of ingress and egress to install, construct, operate, maintain, and
repair the Water Distribution System.
iii. Fire Protection, Utility, and Drainage Easement. The Association
shall have a nonexclusive, perpetual easement for fire protection, utilities,
and drainage over, across, and through Lots 5, 6, and 7 to Quicksilver
Pond, together with the right of ingress and egress to install, construct,
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operate, maintain, and repair utilities and drainage.
(b) In addition, the Declarant grants the following general easements:
i. Association’s Easement of Access and Use. The Association shall
have an easement of access and use over and across each Lot as necessary
to the performance of obligations in this Declaration; provided, however,
that this easement and use thereof shall not unreasonably interfere with or
impair the use of any Improvements constructed on any Lot and shall be
exercised only after reasonable notice to the Owner of the Lot.
ii. General Emergency Easements. The Association, and all police,
sheriff, fire protection, ambulance, and other similar emergency agencies
or persons, now or hereafter servicing the Community, shall have a
nonexclusive easement for ingress and egress to enter upon any part of the
Community in the performance of their duties.
ARTICLE 4
ASSESSMENTS
4.1 Personal Obligation to Pay Assessments for Common Expenses. Each Lot, and each
Owner, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed
or other conveyance, shall be deemed to covenant and agree to pay to the Association
Assessments for Common Expenses and such other Assessments as imposed by the Association.
Such Assessments, including fees, charges, late charges, attorney fees, fines and interest charged
by the Association shall be the personal obligation of the Owner of such Lot at the time when the
Assessment or other charges became due. Assessments for Common Expenses as imposed by
the Association, including fees, charges, late charges, attorney fees, fines and interest charged by
the Association, shall be a charge on each Lot and shall be a continuing lien upon the Lot against
which each such Assessment or charge is made. If any Assessment is payable in installments,
the full amount of the Assessment is a lien from the time the first installment becomes due. The
personal obligation to pay any past due sums due the Association shall not pass to a successor in
title unless expressly assumed by them. No Owner may become exempt from liability for
payment of the Assessments by waiver of the use or enjoyment of the Common Areas or by
abandonment the Lot against which the Assessments are made. All Assessments shall be
payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be
permitted by any reason including, without limitation, any claim that the Association or the
Board is not properly exercising its duties and powers under this Declaration.
4.2 Purpose of Assessments. Any Assessments levied by the Association in accordance with
this Article 4 shall be used for the purpose of promoting the health, safety, convenience, and
general welfare of the Owners, including improvement and maintenance of the Common
Elements and of the services and facilities located within the Subdivision. Proper use of
Assessments includes, but is not limited to:
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(a) Installation, repair, replacement, and maintenance of the Common Elements;
(b) Installation, maintenance, and repair of Quicksilver Court (including snow
removal);
(c) Management of weeds along Quicksilver Court and of the Common Elements;
(d) Procurement and maintenance of insurance;
(e) Establishment and maintenance of reserves for repair, maintenance, taxes, and
capital improvements; and
(f) Operation of the Association in carrying out its rights, duties, and obligations
hereunder.
4.3 Annual Levy of Assessments. Assessments may be made on an annual basis against all
Lots and shall be based upon the Association’s advance budget of the cash requirements needed
by it to provide for the administration and performance of its duties during such Assessment
year. The budget shall be submitted to the Owners for ratification pursuant to the Act and as set
forth in the Bylaws, as amended. Assessments, apportioned based on the Allocated Interests,
shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as
determined by the Board. The omission or failure of the Board to levy the Assessment for any
period shall not be deemed a waiver, modification or a release of the Owners from their
obligation to pay.
4.4 Apportionment of Common Expenses. Except as provided in this Declaration, all
Assessments, including Special Assessments, for Common Expenses shall be assessed against all
Lots in accordance with the formula for liability for the Common Expenses as set forth in
Section 3.2.
4.5 Special Assessments. In addition to the annual Assessments authorized above, the
Association may levy, in any Assessment year, a special Assessment applicable to that year only
for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction,
repair or replacement of the Common Areas, including fixtures and personal property related
thereto, or for any other purpose deemed necessary and appropriate by the Board; provided that
any such Assessment shall have the assent of the majority vote of the Owners at a properly
noticed meeting.
4.5 Default Assessments. All monetary fines assessed against an Owner pursuant to the
Governing Documents, or any expense of the Association which is the obligation of an Owner or
which is incurred by the Association on behalf of the Owner pursuant to the Governing
Documents, shall be a Default Assessment and shall become a Lien against such Owner’s Lot
which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the
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amount and due date of such Default Assessment shall be submitted to the Owner subject to such
Assessment at least ten (10) days prior to the due date.
4.6 Lot Specific Assessments. In addition to the Assessments discussed above, the
Association shall have the right to levy those amounts expended by the Association for the
benefit of any individual Lot and the Owner thereof, including, but not limited to: a) fines,
improvement, repair, replacement and maintenance of a Lot that an Owner has failed to perform
(after notice as provided in this Declaration); and b) improvement, repair, replacement and
maintenance to the Common Area caused by the negligent or willful acts of any Owner, his
guests, employees, licensees, lessees or invitees.
4.7 Effect of Non-Payment of Assessment. Any Assessment, charge or fee provided for in
his Declaration, or any monthly or other installment thereof, which is not fully paid within ten
(l0) days after the due date hereof, as established by the Board, shall bear interest at the rate
established by the Board, on a per annum basis from the due date. In addition, the Association
may assess a reasonable late charge thereon as determined by the Board. Failure to make
payment within sixty (60) days of the due date thereof shall cause the total amount of such
Owner’s Common Expense Assessment for the remainder of that fiscal year to become
immediately due and payable at the option of the Board. Further, the Association may bring an
action at law or in equity, or both, against any Owner personally obligated to pay such overdue
Assessments, charges or fees, or monthly or other installments thereof, and may also foreclose
on its lien against such Owner’s Lot. An action at law or in equity by the Association against a
Lot Owner to recover a money judgment for unpaid Assessments, charges or fees, or monthly or
other installments thereof, may be commenced and pursued by the Association without
foreclosing, or in any way waiving, the Associations lien therefor. Foreclosure or attempted
foreclosure by the Association of its lien shall not be deemed to estop or otherwise preclude the
Association from thereafter again foreclosing or attempting to foreclose its lien for any
subsequent Assessment, charges or fees, or monthly or other installments thereof, which are nor
fully paid when due. The Association shall have the power and right to bid on or purchase any
Lot at a public auction or other legal sale, and to acquire and hold, tease, mortgage, convey or
otherwise deal with the sane. If a foreclosure action is filed to foreclose any Assessment lien, and
an Owner abandons or leaves vacant his or her lot, the Board may take possession and rent said
Lot or apply for the appointment of a receiver for the Lot without prior notice to the Owner. The
rights of the Association shall be expressly subordinate to the rights of any holder of a first lien
Security Interest as set forth in its deed of trust or mortgage (including any assignment of rents),
to the extent permitted under the Act.
4.8 Lien Priority. The lien of the Association under this Section is prior to all other liens and
encumbrances on a Lot except: (1) liens and encumbrances recorded before the recordation of
the Declaration; (2) a first lien Security Interest on the Lot (except as allowed by the Act with
regard to the limited lien priority allowed to the Association); and (3) liens for real estate taxes
and other governmental assessments or charges against the Lot. This Section does not affect the
priority of mechanics’ or materialmen’s liens. The lien of the Association under this Article is
not subject to the provision of any homestead exemption as allowed under state or federal law.
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Sale or transfer of any Lot shall not affect the lien for said Assessments or charges except that
sale or transfer of any Lot pursuant to foreclosure of any first lien Security Interest, or any
proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall
only extinguish the lien of Assessment charges as provided by applicable state law. No such sale,
transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor
cancellation or forfeiture shall relieve any Owner from continuing liability for any Assessment
charges thereafter becoming due, nor from the lien thereof.
ARTICLE 5
COVENANTS AND RESTRICTIONS OF USE, ALIENATION, AND OCCUPANCY
5.1 Traffic Impact Fee. A Traffic Impact Fee of $2,760 per Lot is due to Garfield County at
the time each Owner submits a building permit application for a Single Family Dwelling.
Declarant has paid fifty percent (50%) of the Traffic Impact Fee due for each Lot to Garfield
County prior to approval of the Plat. Each Owner is responsible for paying to Garfield County
the remaining fifty percent (50%) of the Traffic Impact Fee for his or her Lot ($1,380 per Lot), at
the time of the Owner’s submission of a building permit application. At the time of subdivision,
Declarant has already built a Single Family Dwelling on Lot 3, which is exempt from said
Traffic Impact Fee. Therefore, Lots 1, 2, 4, 5, 6, and 7 shall each pay $1,380 to Garfield County
at the time of the Owner’s submission of a building permit application.
5.2 Single Family Residential Use Only. The Property is intended to be developed for single
family residential purposes only.
(a) No more than one (1) detached Single Family Dwelling shall be permitted
on each Lot, subject to permitting requirements of Garfield County.
(b) An Owner may build an Accessory Dwelling Unit on each Lot only after
obtaining a Land Use Change Permit from Garfield County. An ADU shall not exceed
1,500 square feet and shall not be conveyed separately from the Lot to which it is
appurtenant.
(c) No structure of a temporary character, trailer, basement, tent, shack,
garage, barn or any other outbuildings of any description shall be used on any Lot, except
on a temporary basis during construction of a residential dwelling and for a period not
exceeding twelve (12) months; except that pre-built modular homes are acceptable upon
meeting the requirements described herein if such modulars are placed on a permanent
crawl-space or basement foundation.
5.3 Re-Subdivision Prohibited. The re-subdivision of any Lot is prohibited.
5.4 Utility Lines. No new gas lines, light and power lines, telephone lines or television cable
shall be permitted unless said lines are buried underground and out of sight from their primary
source at the lot line to the dwelling and at the Owner’s expense.
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5.5 Sewage Disposal. Each residence shall contain at least one (1) fully equipped bathroom,
and all sewage shall be disposed of by means of an individual sewage disposal system (“ISDS”).
Owners shall maintain such treatment facilities in good operating condition. Each ISDS shall be
designed by a professional engineer registered in the State of Colorado, pursuant to C.R.S. § 12-
25-111, and shall adequately address the soil percolation conditions present at the Lot site, which
percolation rates shall be verified through appropriate on-site testing. Each Owner shall submit
the ISDS design to Garfield County at the time of submission of his or her building permit
application.
5.6 Domestic Animals. One (1) dog shall be allowed for each residential unit and the dog
shall be required to be confined within the owner’s property boundaries.
5.7 Non-Domestic Animals. An Owner may own or keep non-domestic animals - including
horses, sheep, and chickens – subject to the limits contained in this Subsection 5.7, within a one-
acre disturbance envelope located more than one hundred (100) feet from any dwelling unit,
including ADUs, and all property lines. Pursuant to General Use Well Permits 67565-F and
67566-F, Lots 1, 2 and 3 may water up to three (3) non-domestic animals on each Lot; Lots 5, 6,
and 7 may water up to two (2) non-domestic animals on each Lot. This restriction applies per
Lot, regardless of the number of dwelling units built thereon.
5.8 Maintenance of Property.
(a) Each Owner shall keep the same clear and free of rubbish and trash and
shall keep the structures thereon in good repair, doing such maintenance as may be
required for this purpose. No burning of rubbish is allowed.
(b) No noxious or offensive conduct or activity shall be carried on upon any
Lot or in any structure thereon which may constitute a health hazard, odor, noise
disturbance, nuisance or annoyance to the neighborhood so as to unreasonably interfere
with or disturb the use, enjoyment and access to any other occupant of the Lots.
(c) Clotheslines, equipment, garbage cans, service yards, woodpiles or storage
areas shall be adequately screened by planting or solid six-foot (6’) fencing to conceal the
same from view of neighboring lots and streets.
(d) No trash, ashes, garbage, rubbish, debris or other refuse shall be thrown,
dumped or allowed to accumulate on the Lots. Each Owner shall provide suitable
receptacles for the temporary storage and collection of refuse. All such receptacles shall
be screened from the public view and protected from wind, animals such as raccoon and
bear, and other disturbances.
(e) The foliage and vegetation on each Lot shall be developed and maintained
in consideration the United States Forest Service and Colorado State Forester Wildfire
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Prevention guidelines. Landscaping and maintenance of lawns and gardens are
encouraged. To prevent hay fires, Owners shall cut hay as necessary and properly
dispose of forage.
5.9 Weed Management.
(a) Responsibility of Owners. Owners shall maintain the surface of all Lots in
a condition which will minimize the risk of soil erosion and weed infestation. Owners
shall landscape, restore, or revegetate with weed free seed and mulch all excavations,
fills, and other construction which disturb the existing vegetation. Further, Owners shall
not intentionally introduce weeds or invasive plant or animal species to their Lots, and
shall control noxious weeds and invasive species on their Lots in accordance with federal,
state and local laws and regulations.
(b) Responsibility of Association. The Association shall maintain all
Common Areas and roadsides, including Quicksilver Court and the Fire Protection,
Utility, and Drainage Easement and Right-of-Way in a condition which will minimize the
risk of soil erosion and weed infestation. The Association shall landscape, restore, or
revegetate with weed free seed and mulch all excavations, fills and other construction
which disturb the existing vegetation. Further, the Association shall not intentionally
introduce weeds or invasive plant or animal species to the Common Areas or roadsides,
and shall control noxious weeds and invasive species on said property in accordance with
federal, state and local laws and regulations.
5.10 Vehicles.
(a) All motor vehicles must be currently licensed and operational.
(b) No vehicles, boats, campers, trailers, snowmobiles or other such
recreational vehicles or devices shall be stored or permitted to remain for more than three
(3) continuous days on any Lot unless the same are stored from view in a garage or
screened from view from adjacent Lots and Roads with six-foot (6’) solid fencing. In
addition, all vehicles, boats, campers, trailers, snowmobiles or other such recreational
vehicles or devices shall be stored in a manner not to obstruct neighboring view lines, or
become a nuisance or annoyance to the neighborhood or otherwise unreasonably interfere
with or disturb the use, enjoyment and access to any other occupant of the Quicksilver
Court Subdivision.
5.11 Fuel-Burning Stoves. No open-hearth solid-fuel fireplaces shall be permitted; provided,
however, that one (1) new solid-fuel burning stove shall be allowed in each dwelling unit. All
dwelling units are permitted an unrestricted number of natural gas burning stoves and appliances.
5.12 Lighting. Exterior lighting shall be installed in the minimum amount necessary, and all
exterior lighting will be directed inward and downward toward the interior of the Property;
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provided, however, that exterior safety lighting that extends beyond the Property boundaries
shall be allowed.
5.13 Signs. No billboards, signs or other advertising devices of any nature shall be erected,
placed, maintained or permitted, provided that this restriction shall not be construed to prevent
appropriate name and address signs and signs that advertise property for sale or rent insofar as it
is necessary to promote the sale and development of such properties.
ARTICLE 6
WATER
6.1 The Water Distribution System.
(a) Residential Use. The Water Distribution System shall be used for the
exclusive benefit of the Lots, and for the exclusive use of fire protection, storage,
domestic, irrigation of lawn and garden, and livestock watering purposes. Only the Lots,
and the dwelling units located thereon, shall be permitted to receive water from the Water
Distribution System. No other persons, other than household guests, shall take, draw, use
or receive water from the Water Distribution System. In addition, such use must be
residential in nature - agricultural uses, other than permitted domestic livestock watering,
and commercial uses, other than home occupations, are prohibited.
(b) Use Limitations. The combined average annual amount of ground water
to withdrawn from the Shared Wells shall not exceed 8.34 acre-feet.
i. Lot 1 shall draw water from Shared Well No. 1 (also known as Hasenberg
Well No. 1), Permit No. 67567-F. Use shall be limited to ordinary household
purposes inside one (1) single-family dwelling and one (1) ADU; the irrigation of
lawn and gardens of not more than 7,000 square feet; and the watering of three (3)
animals. The pumping rate shall not exceed 15 gallons per minute.
ii. Lot 2 shall draw water from Shared Well No. 1 (also known as Hasenberg
Well No. 1), Permit No. 67567-F. Use shall be limited to ordinary household
purposes inside one (1) single-family dwelling; the irrigation of lawn and gardens
of not more than 7,000 square feet; and the watering of three (3) animals. The
pumping rate shall not exceed 15 gallons per minute.
iii. Lot 3 shall draw water from Shared Well No. 1 (also known as Hasenberg
Well No. 1), Permit No. 67567-F. Use shall be limited to ordinary household
purposes inside one (1) single-family dwelling; the irrigation of lawn and gardens
of not more than 7,000 square feet; and the watering of three (3) animals. The
pumping rate shall not exceed 15 gallons per minute.
iv. Lot 4 shall draw water Shared Well 2 (also known as Daniels Well No. 2),
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 15
Permit No. 67565-F. Use shall be limited to ordinary household purposes inside
one (1) single-family dwellings and one (1) ADU; the irrigation of lawn and
gardens of not more than 7,000 square feet; and the watering of two (2) animals.
The pumping rate shall not exceed 15 gallons per minute. The remainder of the
water shall be used by the Association to fill and refill and replace evaporation of
Quicksilver Pond each year.
v. Lot 5 shall draw water Shared Well 2 (also known as Daniels Well No. 2),
Permit No. 67565-F. Use shall be limited to ordinary household purposes inside
one (1) single-family dwellings and one (1) ADU; the irrigation of lawn and
gardens of not more than 7,000 square feet; and the watering of two (2) animals.
The pumping rate shall not exceed 15 gallons per minute. The remainder of the
water shall be used by the Association to fill and refill and replace evaporation of
Quicksilver Pond each year.
vi. Lot 6 shall draw water from Shared Well No. 3 (also known as Daniels
Well No. 1), Permit No. 67566-F. Use shall be limited to ordinary household
purposes inside one (1) single-family dwellings and one (1) ADU; the irrigation
of lawn and gardens of not more than 7,000 square feet; and the watering of two
(2) animals per lot. The pumping rate shall not exceed 15 gallons per minute.
The remainder of the water shall be used by the Association to fill and refill and
replace evaporation of Quicksilver Pond each year.
vii. Lot 7 shall draw water from Shared Well No. 3 (also known as Daniels
Well No. 1), Permit No. 67566-F. Use shall be limited to ordinary household
purposes inside one (1) single-family dwellings and one (1) ADU; the irrigation
of lawn and gardens of not more than 7,000 square feet; and the watering of two
(2) animals per lot. The pumping rate shall not exceed 15 gallons per minute.
The remainder of the water shall be used by the Association to fill and refill and
replace evaporation of Quicksilver Pond each year.
Any Owner exceeding this allocation shall be subject to restricted consumption as well as
a surcharge imposed by the Association which shall not exceed triple the amount of the
current Annual Water Fees. Any Owner who wishes to expand the use, amount, or
location of the groundwater taken from the Shared Well serving their Lot shall bear the
cost and expense of doing so, including amendment of the WDWCD Contract.
(c) Construction, Installation, Operation, Maintenance, and Repair.
i. Responsibility of the Declarant. Declarant shall design,
construct, install, and permit the Water Distribution System, enter into
contracts on behalf of the Association, and initially complete the system so
that it provides water to each Owner’s Lot, which includes installation of
water pumps on each Shared Well and totalizing flow meters on each
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 16
service line. Once the system is placed in operation, and before the sale of
any Lot in the Subdivision, Declarant shall convey the System to the
Association.
ii. Responsibility of the Association.
1. General Duty. Except as otherwise described herein, once
the system is placed in operation, the Association shall bear the
costs associated with the maintenance, operation, and repair of the
Water Distribution System, including piping, meters, the well shed,
and all other improvements located at each well site up to the point
where totalizing flow meters are installed on each Lot’s service
line, other than water pumps, as addressed below. The Association
shall assess the cost of such maintenance, operation, and repair to
each Owner based on pro rata use. For example, this means that if
the water meter for Shared Well No. 1 fails, the Association shall
assess the cost to replace or repair said water meter against the
Owners of Lots 1, 2, and 3 in equal shares.
a. Water Pumps. The cost to repair and replace water
pumps shall be borne by the Association, which shall assess
the cost of such maintenance, operation, and repair to each
Owner based on pro rata use. However, because the water
pump on Shared Well Nos. 2 and 3 also fill Quicksilver
Pond to the required Minimum Storage Requirement, the
Association shall be solely responsible for one-half of the
cost to repair or replace the water pumps on Shared Well
Nos. 2 and 3. For example, this means that if the water
pump on Shared Well No. 2 fails, the Association shall
assess the cost to replace or repair said water pump against
all Lots as to one-half of the cost and against Lots 4 and 5
as to the other one-half of the cost.
2. Electric Meters. The Association shall install an electric
meter on each Shared Well.
3. Reporting to WDWCD. The Association shall report water
usage annually to the West Divide Water Conservancy District
pursuant to Contract No. 070215GD(b).
4. Electricity. The Association shall bear the cost of
electricity for each Shared Well. The Association shall assess said
cost to Owners based on their pro rata use as shown through
quarterly flow meter readings. The Association shall be solely
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 17
responsible for the cost of the electricity to refill Quicksilver Pond,
as discussed below, as shown through quarterly pond meter
readings, which cost shall be assessed against each Owner in equal
shares.
iii. Responsibility of the Owner.
1. Infrastructure. The cost of laying, construction,
maintenance, modification, use, inspection, repair, replacement,
substitution, and/or removal of service lines on each Lot shall be
the sole responsibility of the Owner of the Lot served by such line.
2. Storage Tanks. Each Owner shall install, bury, maintain
and repair a storage tank, with a capacity to hold at least 1,000
gallons, on his Lot to serve his dwelling units – and at his sole cost.
Garfield County will require proof of installation of said storage
tank prior to issuance of a Certificate of Occupancy for any
dwelling units. Neither the Association nor the Developers are
responsible for installing, burying, maintaining, or repairing said
individual storage tanks.
(d) System Manager. If necessary, the Association may appoint and provide
compensation to a System Manager, who need not be an Owner. The System Manager
shall operate and maintain the System; maintaining the books and records; making
necessary meter readings, and performing all the other necessary duties. The System
Manager shall be appointed and removed in accordance with the Association’s
Governing Documents.
6.2 Quicksilver Pond.
(a) Fire Protection Use: The Association shall operate, maintain, and repair
Quicksilver Pond to the extent necessary for Fire Protection purposes only.
(b) Private Ownership: Quicksilver Pond is wholly located on Lots 5 and 6
and privately owned by the Owners of said Lots. Except in the event of a fire or other
System emergency, no other Owners shall have access to or use of the Pond for irrigation
or personal or recreational use at any time.
(c) Construction, Installation, Operation, Maintenance, and Repair:
i. Responsibility of the Declarant.
1. Construction and Installation. Declarant shall design,
construct, install, and permit Quicksilver Pond.
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 18
2. Initial Fill. Declarant shall initially fill the Pond to the
September 1 Quarterly Elevation Mark, as explained below, prior
to recordation of the Final Plat. Declarant may use Shared Wells
Nos. 2 and 3 for said initial fill.
ii. Responsibility of the Association.
1. Refill. The Association shall incur the cost of all subsequent refills of
the Minimum Storage Requirement, defined herein. More specifically,
to comply with Rifle Fire Protection District requirements, the
Association shall maintain at least 195,000 gallons of water in the
Pond year-round at an elevation of 6,239.3 feet (“Fire Protection
Water”) plus quarterly evaporation. The Fire Protection Water plus
quarterly evaporation is referred to herein as the “Minimum Storage
Requirement.”
If the Pond is maintained for the Minimum Storage Requirement, the
Association shall refill the Pond to the Quarterly Elevation Marks
designated on the Pond, as follows:
DATE OF FILL ELEVATION OF FILL (FEET) GALLONS
June 1 6,240.91 92,079
September 1 6,240.09 42,118
December 1 6,239.65 18,092
March 1 6,240.30 54,103
However, if the Pond is maintained at its maximum storage capacity,
then the Quarterly Elevation Marks shall not operate as indicators of
lost evaporation. To this end, in such an event, the Association shall
replace only those gallons lost to evaporation without regard to the
Quarterly Elevation Marks.
Primarily, the Pond shall be filled by Shared Well Nos. 2 and 3.
However, if either of said wells is determined to be producing less
than 2 gpm of water, then the Association shall pay to refill the Pond,
as required for fire protection purposes only, including replacement of
annual evaporation, from either the Shared Well 1 or some other
source.
2. Pond Meter. The Association shall also install and maintain a separate
metering device near the Quicksilver Pond to track refills of the same
(“Pond Meter”) from its water source. Therefore, the well(s) from
which the Pond is filled shall have two meters on the distribution line:
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 19
one to meter domestic, irrigation, and stockwatering uses - and one to
meter refills of the Pond. The Pond Meter shall be installed in a vault
below frost line to insure service during winter months (“Pond
Vault”). Currently, the Association fills and refills the Pond with
Shared Well 2 (aka Daniels Well No. 1, Permit No. 65765-F) and
Shared Well 3 (aka Daniels Well No. 2, Permit No. 67566-F). The
distribution lines from each of these wells meet in the Pond Vault, at
which point one distribution line, metered by the Pond Meter, services
the Pond. In the event the Association uses other wells to refill the
Pond in the future, the Association shall move the Pond Meter or
install a separate metering device in a similar vault to track refills of
the same.
iii. Responsibility of Owners of Lots 5 and 6.
1. Irrigation. To simplify administration and maintenance of
Quicksilver Pond, Lots 5 and 6 shall primarily irrigate from their
respective wells. Regardless, Lots 5 and 6 shall maintain the right
to irrigate from the Pond.
2. Meters. In addition to the totalizing flow meter installed on
each Shared Well, if Lots 5 and 6 irrigate from Quicksilver Pond,
said Owners must install meters on their irrigation lines originating
in the Pond. Lots 5 and 6 shall meter all water drawn from the
Pond for its sole benefit, and provide monthly meter readings to
the Association from May through October of each year.
3. Replacement of Depletions. Any depletions from
Quicksilver Pond due to any irrigation or other personal use by the
Owners of Lots 5 and 6 shall be replaced by said Owners at their
sole cost.
i. Timing of Refills. Lots 5 and 6 shall replace all
irrigation water drawn from Quicksilver Pond at least on a
quarterly basis. Such refill of Quicksilver Pond to replace
irrigation water shall occur before the Association refills
Quicksilver Pond on a quarterly basis, on March 1st, June
1st, September 1st, and December 1st.
6.3 Water Fees. In addition to the Assessments discussed above, each Owner shall pay to the
Association the following Water Fees, which are non-refundable, as more particularly discussed
in the Associations Rules and Regulations.
(a) One-Time Pond Maintenance Fee. Each Owner shall pay to the
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 20
Association a one-time Pond Maintenance Fee, per lot, before using any well or the water
distribution system, as established in the Association’s Rules and Regulations. For all
Lots sold by Declarant, the Pond Maintenance Fee is due at Closing.
(b) Annual Water Fee. Each Owner using water from a Shared Well serving
more than one (1) lot, including Declarant, shall pay the Association an Annual Water
Fee per dwelling unit, as established in the Association’s Rules and Regulations. The
Annual Water Fee shall be due on January 15th each year. For all Lots sold by Declarant,
a pro-rated Water Fee shall be due at Closing for the current year. The Annual Water Fee
is non-refundable, even if an Owner disconnects from a Shared Well during any year in
which he has already paid the Annual Water Fee.
(c) Annual Stand-By Fee. Owners who are not yet using water from the
System shall pay the Association an Annual Stand-by Fee, as established in the
Association’s Rules and Regulations within thirty (30) days of Closing on his Lot and on
January 15th of each year thereafter UNLESS AND UNTIL said Owner drills a well to
serve his residence on his or her Lot. Under all other circumstances, the Annual Stand-
By Fee is due each year as provided herein.
6.4 Future Permitting and Augmentation of System.
(a) New Well Permits. The Division of Water Resources has issued Permit No.
67567-F for Shared Well 1, Permit No. 67565-F for Shared Well 2, and Permit
No. 67566-F for Shared Well 3. If the State requires that the permits be re-issued
to allow new and/or additional uses as the Subdivision requires, the Association
shall bear the cost of obtaining said well permits.
(b) Augmentation Water. Water use and associated depletions are augmented by
WDWCD Contract No. 070215GD(b). The Association shall bear the cost to
obtain all necessary amendments to the WDWCD Contract.
6.5 Delinquencies. If any invoice for the above-described Water Fees is not paid within
thirty (30) days of billing, it shall be delinquent. All delinquent bills shall accrue interest from
the due date at a rate of twelve percent (12%) per annum. If the amount due is not paid with
thirty (30) days thereafter after the Association mails or hand-delivers a notice of delinquency,
the Association may turn off the water supply of the Delinquent Owner. Under such
circumstances any reinstatement of service shall include a minimum service fee of one hundred
dollars ($100.00) per dwelling unit. All fees or charges to any member shall, if not paid, become
a lien upon his land and subordinate only to the lien of any mortgage on the Lot. The
Association may then foreclose the lien, as necessary, in accordance with Colorado law and the
Association’s Governing Documents. Any filing or legal fees associated with such lien shall be
the responsibility of the Delinquent Owner.
ARTICLE 7
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 21
ARCHITECTURAL REVIEW
7.1 Governance of Grass Mesa Architectural Review Committee. Prior to construction of
any Improvement, each Owner shall comply with the architectural review requirements
contained in Article IV.6 of the Grass Mesa Ranch Declaration.
7.2 Architectural Criteria. In addition to any criteria imposed on each Owner by the
Grass Mesa Architectural Review Committee, when constructing any Improvements,
landscaping, and alterations to Improvements on a Lot or landscaping of a Lot, each Owner shall
also endeavor to protect the conformity and harmony of exterior appearance of structures with
neighboring structures and natural surroundings as to external design, materials, siting, height,
topography, grade, and finished ground elevation, and the preservation of aesthetic beauty. All
structures shall be constructed of either brick, stone, lumber or a combination thereof. The use of
cinder block shall not be allowed unless it is faced with another material herein approved. In
addition:
(a) Preservation of Viewsheds. Each Lot Owner shall protect the seclusion of
his home site from other home sites as reasonably possible. To this end, each Owner
shall be considerate in planning, not building directly in front of a neighbor’s view so as
to protect the property view line and promote neighborly conduct so as not to
unreasonably interfere with or disturb the use, enjoyment and access to any other
occupant of the Lots. To this end, each Improvement shall be located on each Lot so as to
(1) preserve the use, enjoyment and access – including view planes - of every other
occupant of the Quicksilver Court Subdivision; (2) keep traffic flow amiable for
construction, road construction, entering and exiting the property; and (3) promote
neighborly conduct.
(b) Preservation of Natural Drainage. In addition, no structure shall be placed
or located on any Lot in such a manner that will obstruct, divert or otherwise alter the
natural water drainage courses and patterns. Likewise no landscaping or changes to the
existing terrain shall be made which shall obstruct, divert or otherwise alter such
drainage.
ARTICLE 8
INSURANCE
8.1 Association Insurance. To the extent reasonably available, the Association shall obtain and
maintain insurance coverage as set forth in this Article 8. If such insurance is not reasonably
available, and the Association determines that any insurance described in this Article will not be
maintained, the Association shall cause notice of that fact to be hand delivered or sent prepaid by
United States mail to all Owners at their respective last known addresses.
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 22
(a) Property Insurance. Property Insurance shall cover the Common
Elements, but excluding land, excavations, pipes, flues, and drains and other items
normally excluded from property policies, and all personal property owned by the
Association. Said insurance shall afford protection against “all risks” of direct physical
loss commonly insured and be for an amount (after application of any deductions) equal
to one hundred (100) percent of the facilities' actual cash value at the time the insurance
is purchased and at each renewal date. Personal property owned by the Association will
be insured for an amount equal to its actual cash value. The Association is authorized to
obtain appraisals periodically for the purpose of establishing replacement cost of the
facilities and the actual cash value of the personal property, and the cost of such
appraisals shall be a Common Expense. The maximum deductible for insurance policies
shall be the lesser of $10,000 or one (1) percent of the policy face amount.
(b) Liability Insurance. Liability insurance, including medical payments
insurance, will be maintained in an amount determined by the Association, but in no
event shall it be less than $1,000,000. This insurance shall cover all occurrences
commonly insured against for death, bodily injury, and property damage arising out of or
in connection with the use, ownership, or maintenance of the Common Elements and the
activities of the Association.
(c) Directors' and Officers' Liability Insurance. The Association may obtain
and maintain directors' and officers' liability insurance, if available, covering all of the
Officers of the Association. This insurance will have limits determined by the
Association.
(d) Other Insurance. The Association may carry other insurance which the
Association considers appropriate to protect the Association.
(e) Premiums. Insurance premiums for insurance carried or to be carried by
the Association shall be a Common Expense.
8.2 Owner Insurance. Owners shall obtain and maintain homeowners’ insurance on their Lot
and improvements therein, including their water supply system from their water flow meter to
their dwelling unit, in addition to any insurance obtained and maintained by the Association.
ARTICLE 9
GENERAL PROVISIONS
9.1 Compliance and Enforcement.
(a) Every Owner and occupant of a Lot shall comply with the Governing
Documents, and each Owner shall have the right, to enforce the covenants and
restrictions, as set forth in this Declaration.
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 23
(b) The Association, acting through the Board, its Directors, Officers, and
Committee Members may enforce all applicable provisions of this Declaration, and may
impose sanctions for violation of the Governing Documents. Such sanctions may include,
without limitation:
(i) Imposing reasonable monetary fines, after Notice and Hearing, which
fine shall constitute a lien upon the violator’s Lot. In the event that any occupant,
guest, or invitee of a Lot violates the Governing Documents and a fine is imposed,
in the Board’s sole discretion, the fine may first be assessed against the violator;
provided, however, if the fine assessed against the violator is not paid within the
time period set by the Board, the Owner shall pay the fine after Notice and
Hearing;
(ii) Suspending the right to vote until the offending Owner cures the
violation;
(iii) Exercising self-help (including but not limited to performing such
maintenance responsibilities which are the Owner’s responsibility under this
Declaration and assessing all costs incurred by the Association against the Lot and
the Owner as an Assessment) or taking action to abate any violation of the
Governing Documents;
(iv) Requiring an Owner, at the Owner’s expense, to remove any structure
or Improvement on such Owner’s Lot in violation of the Governing Documents
and to restore the Lot to its previous condition and, upon failure of the Owner to
do so, the Board shall have the right to enter onto the property, remove the
violation, and restore the property to substantially the same condition as
previously existed, at the Owner’s expense, and any such action shall not be
deemed a trespass;
(v) Without liability to any person, the Association precluding any
contractor, subcontractor, agent, employee, or other invitee of an Owner who fails
to comply with the terms and provisions of this Declaration from continuing or
performing any further activities in the Community;
(vi) Levying specific Assessments to cover costs incurred by the
Association to bring a Lot into compliance with the Governing Documents; and
(vii) Bringing suit at law or in equity to enjoin any violation or to recover
monetary damages, or both.
(c) In addition to any other enforcement rights, if an Owner fails to properly
perform his or her maintenance responsibility, or otherwise fails to comply with the
Governing Documents, the Association may record a notice of violation against the
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 24
Owner and the Lot.
(d) All remedies set forth in the Governing Documents shall be cumulative of any
remedies available at law or in equity. In any action to enforce the Governing
Documents, the prevailing party shall he entitled to recover all costs, including, without
limitation, attorneys’ fees and court costs, reasonably incurred in such action.
(e) The Board shall have the sole discretion to determine which enforcement
action to pursue in any particular case, subject to the record and the duty to exercise
judgment and reason. As provided herein a decision of the Board to forego enforcement
action shall not be construed as a waiver of the Association’s right to enforce such
provisions at a later time, under other circumstances or preclude the Association from
enforcing any other covenant, restriction or rule.
(f) In any action or proceeding involving the interpretation or enforcement of any
provision of this Declaration, as amended, the prevailing party shall be entitled to recover
its reasonable attorneys’ fees and costs incurred in connection therewith.
9.2 Severability. Each of the provisions of this Declaration shall be deemed independent and
severable. If any provision of this Declaration or the application thereof to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or applications of this
Declaration which can be given effect without the invalid provisions or applications.
9.3 Binding Effect; Term. The covenants and restrictions of this Declaration shall run with
and bind the Property described herein in perpetuity.
9.4 Amendment by Owners. Any provision, covenant, condition, restriction, or equitable
servitude contained in this Declaration may be amended, revised, removed or repeated, and new
provisions, covenants, conditions, restrictions or equitable servitudes may be added, at any time
and from time to time upon approval of more than seventy percent (70%) of the votes in the
Association and with the written consent of the Association; provided, however, that any
provision herein required as a condition of approval of the Subdivision by the Garfield County
Board of County Commissioners may not be amended without approval by the Garfield County
Board of County Commissioners at a public meeting. Notice of any Association meeting at
which a proposed amendment shall he considered shall state the fact of consideration and the
subject matter of the proposed amendment. The amendment or repeal shall be effective upon the
recordation in the office of the Clerk and Recorder of Garfield County of a certificate setting
forth the amendment in full and certifying that the amendment has been approved as set forth
above, and containing the written consent and approval of the Association.
9.5 Amendment by Association. The Association shall have the authority to amend, revise,
remove, repeal or add any provision to this Declaration, as provided in the Bylaws, without
Owner or mortgagee approval, only as necessary to conform with any applicable local, state, or
federal law.
Declaration of Protective Covenants
Quicksilver Court Subdivision
Page 25
9.6 Challenge. All challenges to the validity of this Declaration must be made within one (1)
year after the date of recording of this document.
9.7 Waiver. Any forbearance or failure to enforce any provisions of this Declaration shall
not operate as a waiver of any such provision or of any other provision of this Declaration or of
any subsequent enforcement provision.
9.8 Conflicting Provisions.
(a) In case of conflict between this Declaration and any Garfield County Board of
County Commissioners’ condition of approval, the Garfield County Board of County
Commissioners’ conditions of approval shall govern.
(b) In case of conflict between this Declaration and any Governing Document of
Grass Mesa Ranch or the Grass Mesa Ranch Homeowners’ Association, the Governing
Document of Grass Mesa Ranch or the Grass Mesa Ranch Homeowners’ Association shall
control.
(c) In case of conflict between this Declaration and the Articles or Bylaws of the
Association, this Declaration shall control. In the case of conflict between the Articles and
Bylaws, the Articles shall control.
9.9 Successors and Assigns. The covenants, terms, conditions, and restrictions of this
Declaration shall be binding upon, and inure to the benefit of, the Owners, their guests, invitees,
occupants, personal representatives, heirs, successors, transferees, and assigns; and the
Association, its Board of Directors, Committee and Members, Officers, successors, transferees,
and assigns.
I WITNESS WH EREOF, the O eclarant bas execu ted this Declaration as of the date
first wri tte n above.
~-------
STAT EOFCOLORADO )
)ss
COUNTY OF GARF IELD )
T he foregoing ins trum ent was acknow ledged before m e thi s /1 day o f () }djt(i/7
20 I 0, by G.H. Dani e ls, III and G regory Hasenbe rg , as Occlarant.
Witn ess my ba nd and offic ial sea l.
After recording, return to :
The Sloan law Firm. PLLC
76 Sowh Main Street. Suite I
Moc1b , UT 84532
Declarotio11 o/'Protective Co11£>11a11ts
Quicksill'cr Court S11bdil'isio11
Page 26
Exhibit K
Bylaws
Quicksilver Court Homeowners’ Association
Page 1 of 22
BYLAWS
OF THE
QUICKSILVER COURT HOMEOWNERS’ ASSOCIATION
ARTICLE 1
INTRODUCTION AND PURPOSE
These Bylaws are adopted for the regulation and management of the affairs of the
Quicksilver Court Homeowners’ Association, a Colorado nonprofit corporation, created on April
4, 2008 by filing with the Colorado Secretary of State Articles of Incorporation (the
“Association”). The Association has been organized as a Colorado nonprofit corporation under
the Colorado Revised Nonprofit Corporation Act to act as the Association under the Declaration
of Protective Covenants for Quicksilver Court Subdivision (“Declaration”).
The purposes for which the Association is formed are to operate and govern the
Subdivision known as Quicksilver Court Subdivision (the “Subdivision”); to provide for the
administration, maintenance, preservation and architectural review of the Lots within the
Subdivision; to operate and maintain Quicksilver Court and the Fire Protection and Drainage
Easement; and to promote the health, safety, welfare and recreation of the Owners within the
Subdivision.
The Association is a sub-Association of the Grass Mesa Homeowners Association, which
governs the larger Grass Mesa Ranch subdivision. Thus, the Members’ rights and duties
hereunder are in addition to those rights granted under, and duties required by, the Articles of
Incorporation, Bylaws, and Declaration of Easements, Restrictions, and Covenants for Grass
Mesa Ranch.
ARTICLE 2
DEFINITIONS
To supplement the definitions provided for in the Declaration, the following terms shall
have the meaning set forth below; provided, however, that, except as otherwise specifically
provided in these Bylaws and the Declaration, all terms used herein shall have the same
definition as in the Colorado Common Ownership Interest Act and the Colorado Revised
Nonprofit Corporation Act:
2.1 Act. The Act shall mean the Colorado Common Ownership Interest Act, codified at
C.R.S. §§ 38-33.3-101, et seq., as amended.
2.2 Assessment or Common Expense Assessment. Assessment or Common Expense
Assessment shall include all common expense assessments, insurance assessments, utility
assessments, and any other expense levied to Lots pursuant to the Declaration or the Act,
Bylaws
Quicksilver Court Homeowners’ Association
Page 2 of 22
including interest, late fees, attorney fees, fines, and costs.
2.3 Association. The Association shall mean and refer to the Quicksilver Court
Homeowners’ Association, its successors and assigns.
2.4 Common Area. Common Area shall mean all real property owned or managed by the
Association for the common use and enjoyment of the Owners. All roads owned or managed by
the Association, including Quicksilver Court and the Fire Protection and Drainage Easement,
pursuant to a recorded easement or otherwise, are hereby expressly designated as Common
Areas.
2.5 Declaration. Declaration shall mean and refer to the Declaration of Protective Covenants
for the Quicksilver Court Subdivision, as amended, applicable to the Property recorded in the
office of the Clerk and Recorder of Garfield County, Colorado.
2.6 Governing Documents. Governing Documents shall mean the Articles of Incorporation,
the Bylaws, the Declaration, the Plat, and any Policies and Procedures adopted by the
Association, as they may be amended.
2.7 Lot. Lot shall mean and refer to any of the Lots shown upon the Plat of the Property,
together with all appurtenances thereto and improvements now or hereafter located thereon, with
the exception of the Common Area.
2.8 Member. Member shall mean any Owner. The terms “Member” and “Owner” may be
used interchangeably herein.
2.9 Notice. Except as otherwise stated in the Governing Documents, Notice shall be made by
transmitting information by U.S. mail or electronically - by facsimile, email or posting to a
website - to the Owner’s mailing address, email address, or facsimile number, as appropriate and
as it appears in the records of the Association. In addition, the Association shall post all such
notices in a conspicuous place, if possible. All notices to the Association or the Board shall be
delivered to the Association’s Registered Agent, on record with Colorado’s Secretary of State.
2.10 Notice and Hearing. Notice and Hearing shall mean written notice delivered to an
Owner(s) at the last known address of record via certified U.S. Mail, return receipt requested,
and an opportunity to be heard at a Special Meeting of the Board of Directors, to be held no more
than fourteen (14) business days after notice is given. The Notice shall include the Hearing date,
location, time, and agenda.
2.11 Owner. Owner shall mean the owner of record title, whether one or more persons or
entities to any Lot which is a part of the Property, including contract sellers, but excluding those
having an interest merely as security for the performance of an obligation. The terms “Member”
and “Owner” may be used interchangeably herein.
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2.12 Plat. Plat shall mean the Quicksilver Court Subdivision Plat, recorded in the real
property records of Garfield County on ________ at Reception No. _______ in Plat Book ____,
Page ______.
2.13 Property. Property shall mean the property described in or which is subject to the
Declaration together with all easements, rights, and appurtenances thereto and the buildings and
Improvements erected or to be erected thereon.
2.14 Policies and Procedures. Policies and Procedures shall mean those policies, procedures,
and rules and regulations adopted by the Association, as required under the Act, at C.R.S. § 38-
33.3-209.5(1)(b), and concerning: (I) Collection of unpaid assessments; (II) Handling of conflicts
of interest involving board members; (III) Conduct of meetings, which may refer to applicable
provisions of the nonprofit code or other recognized rules and principles; (IV) Enforcement of
Declaration and rules, including notice and hearing procedures and the schedule of fines; (V)
Inspection and copying of association records by Lot Owners; (VI) Investment of reserve funds;
(VII) Procedures for the adoption and amendment of policies, procedures, and rules; and (VIII)
Procedures for addressing disputes arising between the association and Lot Owners.
2.15 Subdivision. Subdivision shall mean the Quicksilver Court Subdivision, as further
defined by the Plat and the Governing Documents.
ARTICLE 3
MEMBERSHIP
3.1 Membership and Voting. Every person who is an Owner shall be a Member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of
any Lot. Ownership of a Lot shall be the sole qualification for membership. Each Lot shall be
entitled to cast one (1) vote. Fractional and cumulative voting are prohibited. No votes allocated
to a Lot owned by the Association may be cast.
3.2 Suspension of Voting Rights due to Failure to Pay Assessments. During any period in
which an Owner shall be in default in the payment of any Common Expense Assessment,
including interest, fines, late fees, attorney fees and costs, levied by the Association, the Owner’s
voting rights and use rights shall be suspended, without notice or hearing, until the Assessment
has been paid.
3.3 Suspension of Voting Rights for Violation of the Governing Documents. In addition to
Section 3.2, an Owner’s voting rights and use rights may also be suspended by the Board of
Directors (“Board”), after Notice and Hearing, during any period of violation of any provision,
term, or condition of the Governing Documents.
3.4 Transfer of Membership. Transfers of membership shall be made on the books of the
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Association only upon presentation of evidence, satisfactory to the Association, of the transfer of
ownership of the Lot to which the membership is appurtenant.
ARTICLE 4
MEETINGS OF MEMBERS
4.1 Annual Meetings. In accordance with the Act, an annual meeting of the Members shall
be held during each of the Association’s fiscal years, at such time of the year and date as
determined by the Board. At these meetings, the Officers and Directors shall be elected by the
Members, in accordance with the provisions of these Bylaws. The Members may transact other
business as may properly come before them at these meetings, including without limitation,
adopting and amending budgets for revenues, expenditures, and reserves and collect
Assessments; hiring and terminating managing agents and other employees, agents, and
independent contractors; making contracts and incurring liabilities; regulating the use,
maintenance, repair, replacement, and modification of common elements; causing additional
improvements to be made as a part of the common elements; exercising any other powers
conferred by the Declaration or Bylaws; exercising all other powers that may be exercised in this
state by legal entities of the same type as the Association; and exercising any other powers
necessary and proper for the governance and operation of the association.
4.2 Budget Meetings. Within ninety (90) days after adoption of any proposed budget, and as
required herein, the Board shall provide to each Owner a summary of the budget and notice of a
meeting of the Owners to consider the budget. Such meeting shall occur within a reasonable
time after mailing or other delivery of the summary. The Proposed Budget does not require
approval from the Owners, and it will be deemed approved by the Owners in the absence of a
veto at the noticed meeting at which a majority of Owners is present. In the event that the
proposed budget is vetoed, the periodic budget last proposed by the Board and not vetoed by the
Owners must be continued until a subsequent budget proposed by the Board is not vetoed by the
Owners.
4.3 Special Meetings. Special Meetings of the Association may be called by the President of
the Board, by a majority of the Board, or by Owners having twenty-five percent (25%) of the
votes in the Association. If a notice for a special meeting demanded pursuant to petition is not
given by the Secretary within thirty (30) days after the date the written demand or demands are
delivered to the Secretary, the person signing the demand or demands may set the time and place
of the meeting and give notice, pursuant to the terms of these Bylaws. Any meeting called under
this Section shall be conducted by the President of the Board, or in his/her absence, a person
chosen by a majority of the Board.
4.4 Notice of Meetings. Written notice of each meeting of the Members shall be given by,
or at the direction of, the Secretary or person authorized to call the meeting, by hand -delivering,
transmitting by facsimile (to the last known facsimile number on record), or emailing (to the last
known email address on record), a copy of the notice at least ten (10) days before, but not more
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than fifty (50) days before the meeting, to each Member entitled to vote. Electronic notice of a
special meeting shall be given as soon as possible but at least twenty-four (24) hours before the
meeting. The notice of any meeting of the Lot Owners shall be physically posted in a
conspicuous place, to the extent that such posting is feasible and practicable, in addition to any
electronic posting or electronic mail notices that may be given pursuant to this Section 4.4. The
notice shall specify the time, place, and purpose of the meeting as well as a description of all
items on the agenda, including any matter to be voted upon by the Members such as a proposed
amendment to the Declaration or Bylaws, any budget changes, and any proposal to remove an
Officer or Member of the Board.
4.5 Waiver of Notice. Any Member may, at any time, waive notice of any meeting of the
Members in writing, and the waiver shall be deemed equivalent to the receipt of notice. A
Member's attendance at a meeting (a) waives objection to lack of notice or defective notice of the
meeting, unless the member at the beginning of the meeting objects to holding the meeting or
transacting business at the meeting because of lack of notice or defective notice; and (b) waives
objection to consideration of a particular matter at the meeting that is not within the purpose or
purposes described in the meeting notice, unless the member objects to considering the matter
when it is presented.
4.6 Place of Meetings. Meetings of the Members shall be held within Garfield County, as
specifically determined by the Board, and may be adjourned to a suitable place convenient to the
Members, as may be designated by the chair of the meeting.
4.7 Attendance by Telecommunication. Any or all of the Members may participate in an
annual, regular, or special meeting of the Members by, or the meeting may be conducted through
the use of, any means of communication by which all persons participating in the meeting may
hear each other during the meeting. A Member participating in a meeting by telecommunication
is deemed to be present in person at the meeting and may be counted for purposes of establishing
a quorum, as described in Section 4.8 below.
4.8 Quorum of Members. The presence of fifty percent (50%) of the Members eligible to
vote at any meeting, in person or by proxy, shall constitute a quorum for any action except as
otherwise provided in the Governing Documents. If the required quorum is not present, the
Members who are present shall have power to adjourn the meeting to a later date without notice
other than announcement at the meeting until a quorum shall be present or represented.
4.9 Membership List. At least ten (10) days before any meeting of Members, the Association
may prepare a list of Members entitled to vote thereat, arranged in alphabetical order, showing
the address of each Member and the number of votes to which each is entitled. Such list, if
prepared, must be open to the inspection of any Member during usual business hours for a period
of at least ten (10) days prior to such meeting, or two business days after notice of the meeting is
given, and continuing through the meeting at the principal office of the Association, and such list
shall be produced and kept at the time and place of the meeting during the whole time thereof,
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and subject to the inspection of any Member who shall be present. However, failure to prepare
or make available the list of members does not affect the validity of action taken at the meeting
or by means of such written ballot.
4.10 Order of Business. The Board may establish the order of business for all meetings of the
Board or Members. Failure to strictly follow standard parliamentary procedure, or Robert’s
Rules of Order, shall not invalidate any action taken at a meeting of the Board or Members.
Generally, at an appropriate time determined by the Board, but before a vote is taken on an issue
under discussion, Lot Owners or their designated representatives shall be permitted to speak
regarding that issue. The Board may adopt a Policy which places reasonable time restrictions on
persons speaking during any meeting. If more than one person desires to address an issue and
there are opposing views, the Board shall provide for a reasonable number of persons to speak on
each side of the issue. Issues for discussion are limited to agenda items. If a Member wishes to
address an issue at any meeting, he or she must make a written request to the Secretary of the
Board at least ten (10) days before notice of the meeting is served on the Members.
4.11 Member Voting. At all meetings of Members, each Member eligible to vote may vote in
person or by proxy pursuant to Section 4.12, below. If only one of several Owners of a Lot is
present at a meeting of the Association, the Owner present is entitled to cast the vote allocated to
such Lot. If more than one of the Owners is present, the vote allocated to the Lot may be cast
only in accordance with the agreement of a majority of those Owners. Majority agreement exists
if any one of the Owners casts the vote allocated to the Lot without protest being made promptly
to the person presiding over the meeting by another Owner of the Lot. In the event of
disagreement between or among co-Owners and an attempt by two (2) or more of them to cast
such vote or votes, such vote or votes shall be counted as abstention votes only. The vote of any
legal entity, including a partnership, corporation, or trust, may be cast by any partner, officer, or
Director of that entity in the absence of express notice of the designation of a specific person by
the Board. The chair of the meeting may require reasonable evidence that a person voting on
behalf of any legal entity is qualified to vote.
4.12 Proxies for Members’ Meetings. The vote allocated to a Lot may be cast under a general
proxy duly executed by an Owner. All proxies shall be in writing and filed with the Secretary or
designee of the Association. If a Lot is owned by more than one person, each Owner of the Lot
may vote or register protest to the casting of the vote by the other Owners of the Lot through a
duly executed proxy. In the event of disagreement between or among co-Owners and an attempt
by two (2) or more of them to cast such vote or votes, such vote or votes shall not be counted. A
proxy is void if it is not dated or purports to be revocable without notice. Appointment of a
proxy is revoked by the Member appointing the proxy through attendance at any meeting and
voting in person, or written revocation delivered to the Secretary. A proxy terminates eleven
(11) months after its date, unless it provides otherwise.
4.13 Majority Vote. The vote of more than fifty percent (50%) of Members represented at a
meeting at which at least a quorum is present shall constitute a majority and shall be binding
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upon all Members for all purposes except where a higher percentage vote is required in the
Governing Documents, as amended, or by law.
4.14 Action without Meeting. Any action required or permitted herein to be taken at a
Members' meeting may be taken without a meeting if the Members entitled to vote thereon
unanimously agree and consent to such action in writing. In such an event, each Member’s
written consent, which must describe the action taken and by signed by the Member, must be
received by the Association within sixty (60) days after the date the earliest dated Member’s
written consent describing and consenting to the action is received by the Association. A
Member may transmit his or her Member’s written consent to the Association electronically or
by facsimile. Action taken pursuant to this section shall be effective when the last Member’s
written consent is received by the Association, unless the writings describing and consenting to
the action state a different effective date. Action taken under this Section 4.14 shall have the
same effect as action taken at any meeting of the Members and may be described as such in any
document. Any member may revoke his or her Member’s written consent, in writing, if such
revocation is received by the Association before the last writing necessary to effect the action is
received by the Association.
4.15 Rejection of Vote by Association. The Association is entitled to reject a vote, consent,
written ballot, waiver, proxy appointment, or proxy appointment revocation if the secretary or
other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for
doubt about the validity of the signature on it or about the signatory's authority to sign for the Lot
Owner.
4.16 Effect of Rejection or Acceptance of Vote by Association. The Association or its officer
or agent are not liable in damages for the consequences of any acceptance or rejection of a vote,
consent, written ballot, waiver, proxy appointment, or proxy appointment revocation. In
addition, action of the Association based on the acceptance or rejection of a vote, consent,
written ballot, waiver, proxy appointment, or proxy appointment revocation under this section is
valid unless a court of competent jurisdiction determines otherwise.
4.17 Voting Procedures. Voting may be by voice, by show of hands, by consent, by mail, by
electronic means, by directed proxy, by written ballot, or as otherwise determined by the Board
of Directors or the Members present at a meeting.
(a) In case of a vote by mail or electronic means, the Secretary shall mail or
deliver written notice to all Members at each Member’s address as it appears in the
records of the Association given for notice purposes. The notice shall include: (i) a
proposed written resolution setting forth a description of the proposed action, (ii) a
statement that Members are entitled to vote by mail or electronic means for or against
such proposal, (iii) a date at least thirty (30) days after the date such notice shall have
been given on or before which all votes must be received at the office of the Association
at the address designated in the notice, and (iv) the number of votes which must be
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received to meet the quorum requirement and the percentage of votes received needed to
carry the vote. Voting by mail or by electronic means shall be acceptable in all instances
in the Declaration, Articles or these Bylaws requiring the vote of Members at a meeting.
(b) The Board of Directors may conduct elections of Directors by mail or
electronic means, pursuant to procedures adopted by it, if (i) the Board notices Members
of the opportunity to run for a vacant position and/or nominate any Member of the
Association for a vacant position, subject to the nominated Member’s consent; and (ii)
votes for contested Director positions are taken by secret ballot. In the event of a secret
ballot, ballots shall be counted by a neutral third party or by a committee of volunteers.
Such volunteers shall be Owners who are selected or appointed at an open meeting, in a
fair manner, by the President of the Board or another person presiding during that portion
of the meeting. The volunteers shall not be Board Members and, in the case of a
contested election for a board position, shall not be candidates. The results of a vote
taken by secret ballot shall be reported without reference to the names, addresses, or other
identifying information of Lot Owners participating in such vote.
(c) In an election of Directors, the Members receiving the largest number of votes
shall be elected.
ARTICLE 5
BOARD
5.1 Number. The affairs of the Association shall be governed by a Board of Directors which
shall consist of three (3) Members, elected or appointed as provided below (the “Board”). The
exact number of Directors may be changed by a duly adopted resolution of the Board of
Directors. Notwithstanding anything herein, the Board may only eliminate a Director’s position
at the end of the Director’s term unless the position is vacant.
5.2 Qualification.
(a) Owners, eligible to vote, current in the payment of Assessments, and
otherwise in good standing, may be elected to, or appointed to fill a vacancy on the
Board. Spouses and Cohabitants of Owners meeting the criteria above may also be
elected to, or appointed to, fill a vacancy on the Board; provided, however, that no more
than one (1) Owner, Spouse, or Cohabitant for any Lot may serve on the Board at the
same time.
(b) If any Lot is owned by a legal entity, such as a partnership, corporation or
trust, any officer, partner or Director of that Member shall be eligible to serve as a
Director and shall be deemed to be a Member for the purposes of these Bylaws.
(c) Once elected, a Director may not be more than sixty (60) days delinquent in
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payment of any Assessment. If a Director is the Spouse or Cohabitant of an Owner, the
Owner may not be more than sixty (60) days delinquent in payment of any Assessment.
(d) Any Director who has unexcused absences from three (3) consecutive Board
meetings may be removed from the Board, at the Board’s sole discretion.
(e) If a Director is not qualified, the Director’s position shall be deemed vacant.
5.3 Term of Office for Directors. The term of office of Directors shall be one (1) year or until
a successor is elected.
5.4 Resignation of Directors. Any Director may resign at any time by giving written notice to
the President or Secretary stating the effective date of the resignation. Acceptance of a
resignation shall not be necessary to make the resignation effective.
5.5 Removal of Directors.
(a) One or more Directors or the entire Board of Directors may be removed at a
Special Meeting of Members called pursuant to these Bylaws, with or without cause, by a
vote of a majority of the Members. Notice of a Special Meeting of the Members to
Remove Directors shall set forth that the meeting is being conducted for that purpose and
shall be provided to every Member of the Association, including the Directors sought to
be removed, as provided herein. Directors sought to be removed may be present at this
meeting and, if present, shall be given the opportunity to speak to the Members prior to a
vote to remove being taken. Failure of a Director to attend the Special Meeting of
Members shall not invalidate the affirmative vote for removal.
(b) In the event of removal of one or more Directors, a successor shall be elected
by the Members at the meeting to serve for the unexpired term of his or her predecessor.
5.6 Vacancies. Vacancies on the Board caused by any reason (other than removal by the
Member) may be filled by appointment by a majority vote of the Board at any time after the
occurrence of the vacancy, even though the Directors present at the meeting may constitute less
than a quorum. Each person so appointed shall be a Director who shall serve for the remainder
of the unexpired term.
5.7 Compensation. No Director shall receive compensation for any service they may render
as a Director to the Association. However, any Director may be reimbursed for actual expenses
incurred in the performance of Association duties.
ARTICLE 6
MEETINGS OF DIRECTORS
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6.1 Regular Meetings. Regular meetings of the Board of Directors shall be held at such
times, place and hour as may be fixed by the Board. The Board may set a schedule of regular
meetings by resolution, and no further notice is necessary to constitute regular meetings. All
meetings of the Board shall be held within Garfield County unless all Directors consent in
writing to another location.
6.2 Special Meetings. Special meetings of the Board of Directors shall be held when
called by the President of the Association, or by any two Directors, If a notice for a special
meeting demanded pursuant to this Section is not given by the Board within thirty (30) days after
the date the written demand or demands are delivered to the Board, the Directors signing the
demand or demands may set the time and place of the meeting and give notice, pursuant to the
terms of Section 6.3 of these Bylaws.
6.3 Notice of Board Meetings. Regular meetings of the Board may be held without notice to
either the Members or the Directors of the date, time, place, or purpose of the meeting.
However, agendas for meetings of the Board shall be made reasonably available for examination
by all Members of the Association or their representatives. Special meetings of the Board shall
be preceded by at least two (2) days' notice of the date, time, and place of the meeting. The
notice need not describe the purpose of the special meeting. The Association is encouraged to
provide all notices and agendas required in this Section 6.3 in electronic form, by posting on a
web site or otherwise, in addition to a printed notice posted conspicuously, if applicable.
6.4 Waiver of Notice. Any Director may waive notice of any meeting in writing.
Attendance by a Director at any meeting of the Board shall constitute a waiver of notice. If all
the Directors are present at any meeting, no notice shall be required, and any business may be
transacted at the meeting.
6.5 Location of Meetings. Meetings of the Members shall be held within Garfield County, as
specifically determined by the Board, and may be adjourned to a suitable place convenient to the
Directors, as may be designated by the chair of the meeting.
6.6 Open Meetings. All meetings of the Board, or any committee thereof, shall be open to
attendance by Members, as provided under the Act. The Directors or any committee of the
Board may hold an executive or closed door session and may restrict attendance to the Directors
and such other persons requested by the Board during a regular or specially announced meeting
or a part thereof. Prior to the time the Directors or any committee of the Board convene in
executive session, the Chair of the body shall announce the general matter of discussion. No rule
or regulation of the board or any committee thereof shall be adopted during an executive session.
A rule or regulation may be validly adopted only during a regular or special meeting or after the
body goes back into regular session following an executive session. The matters to be discussed
at such an executive session shall include only the following matters, as enumerated under the
Act:
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(a) Matters pertaining to employees of the association or the managing agent's
contract or involving the employment, promotion, discipline, or dismissal of an officer,
agent, or employee of the association;
(b) Consultation with legal counsel concerning disputes that are the subject of
pending or imminent court proceedings or matters that are privileged or confidential
between attorney and client;
(c) Investigative proceedings concerning possible or actual criminal misconduct;
(d) Matters subject to specific constitutional, statutory, or judicially imposed
requirements protecting particular proceedings or matters from public disclosure;
(e) Any matter the disclosure of which would constitute an unwarranted invasion
of individual privacy;
(f) Review of or discussion relating to any written or oral communication from
legal counsel.
Upon the final resolution of any matter for which the board received legal advice or that
concerned pending or contemplated litigation, the board may elect to preserve the attorney-client
privilege in any appropriate manner, or it may elect to disclose such information, as it deems
appropriate, about such matter in an open meeting.
6.7 Attendance by Telecommunication. A Director may attend a meeting of the Board by
using an electronic or telephone communication method so long as the Director can participate in
the deliberations of the other Directors on any matter properly brought before the Board. In such
an event, the Director is deemed present and shall be counted for purposes of establishing a
quorum, as described in Section 6.8 below, and allowed to vote.
6.8 Quorum. At all meetings of the Board, attendance by all three (3) Directors must be
present to constitute a quorum. If at any meeting there shall be less than a quorum present, a
majority of those present may adjourn the meeting.
6.9 Proxies for Board Meetings. For the purposes of determining a quorum with respect to a
particular issue and for the purposes of casting a vote for or against that issue, a Director may
execute, in writing, a proxy to be held by another Director. The proxy authorize the other
Director to cast the vote that is directed to be cast by the written proxy with respect to the
particular proposal that is described with reasonable specificity in the proxy. A Director may
not vote by general proxy.
6.10 Consent to Action. A Director who is present at a meeting of the Board when action is
taken is deemed to have assented to all action taken at the meeting unless:
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(a) The Director objects at the beginning of the meeting, or promptly upon the
Director’s arrival, to holding the meeting or transacting business at the meeting and does
not thereafter vote for or assent to any action taken at the meeting;
(b) The Director contemporaneously requests that the Director’s dissent or
abstention as to any specific action taken be entered in the minutes of the meeting; or
(c) The Director causes written notice of the Director’s dissent or abstention as to
any specific action to be received by the presiding Director of the meeting before
adjournment of the meeting or by the Association promptly after adjournment of the
meeting.
6.11 Action without Meeting. Any action required or permitted by the Board may be taken
without a meeting only if each and every Director in writing votes, for or against the action. If a
Director votes against such action or abstains from voting, he or she must also waive the right to
demand that action not be taken without a meeting. A Director’s right to demand that action not
be taken without a meeting shall be deemed to have been waived if the Association receives the
Director’s written and signed vote against the action, which is not revoked prior to receipt by the
Association of all the Directors’ votes. Action may be taken without a meeting, and under this
Section 6.11, only if the affirmative vote for such action equals or exceeds the minimum number
of votes that would be necessary to take such action at a meeting at which all of the directors
then in office were present and voted. Any such writing may be received by the Association
electronically. Any Director who has signed a writing pursuant to this section may revoke such
writing by a writing signed and dated by the Director describing the action and stating that the
Director’s prior vote with respect thereto is revoked, if such writing is received by the
Association before the last writing necessary to effect the action is received by it. Such action
shall be effective when the last writing necessary to effect the action is received by the
Association unless the writings describing the action taken state a different effective date.
ARTICLE 7
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
7.1 Powers and Duties. The Board may act in all instances on behalf of the Association,
except as provided in the Governing Documents or the Act. The Board shall have, subject to the
limitations contained in the Declaration and the Act, the powers and duties necessary for the
administration of the affairs of the Association and of the Subdivision, and for the operation and
maintenance of the Subdivision as a first class residential community, including the following
powers and duties:
(a) Act in all instances on behalf of the Association;
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(b) Exercise any other powers conferred by the Governing Documents;
(c) Adopt and amend Rules and Regulations, Policies and Procedures, including
penalties for infraction thereof;
(d) Adopt and amend budgets subject to any requirements of the Governing
Documents;
(e) To keep and maintain full and accurate books and records showing all of the
receipts, expenses, or disbursements of the Association;
(f) Collect Assessments as provided by the Governing Documents;
(g) Employ a managing agent, independent contractors or employees as it deems
necessary, and prescribe their duties;
(h) Institute, defend or intervene in litigation or administrative proceedings or
seek injunctive relief for violations of the Governing Documents, and, in the
Association’s name, on behalf of the Association or two or more Owners, on matters
affecting the Subdivision;
(i) Make contracts, administer financial accounts and incur liabilities in the name
of the Association;
(j) Acquire, hold, encumber and convey, in the Association’s name and in the
ordinary course of business, any right, title or interest to real estate or personal property,
pursuant to the consent requirements set forth in the Governing Documents, if any;
(k) Borrow funds and secure loans with an interest in future Assessments in order
to pay for any expenditure or outlay required pursuant to the authority granted by the
provisions of the recorded Declaration and these Bylaws, and to execute all such
instruments evidencing such indebtedness as the Board of Directors may deem necessary
and give security therefore subject to the requirements set forth in the Declaration;
(l) Provide for the indemnification of the Association’s Directors and any person
serving without compensation at the request of the Association, and maintain association
professional liability insurance;
(m) Supervise all persons acting on behalf of and/or at the discretion of the
Association;
(n) Procure and maintain insurance as set forth in the Governing Documents;
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(o) Cause all persons having fiscal responsibilities for the assets of the
Association to be insured and/or bonded, as it may deem appropriate;
(p) Exercise for the Association all powers, duties, rights and obligations in or
delegated to the Association and not reserved to the membership by other provisions of
the Governing Documents or the Act.
7.2 Restrictions on the Powers of the Board. The Board may not act on behalf of the
Association to amend the Declaration; to terminate the Association; or to elect members of the
Board or determine the qualifications, powers and duties, or terms of office of the Directors, but
the Board may fill vacancies in its membership for the unexpired portion of any term unless
otherwise restricted herein.
7.3 No Waiver. The omission or failure of the Association, the Board, the Directors, or the
Owners to enforce the Declaration, conditions, easements, uses, limitations, obligations, or other
provisions of the Governing Documents shall not constitute or be deemed a waiver,
modification, or release thereof, and the Board or the managing agent shall have the right to
enforce the same at any time.
7.4 Delegation. The duties of any Director may be delegated to the managing agent, if any,
or an Officer; provided, however, that neither the Board nor any Director shall be relieved of any
responsibility under this Section or under Colorado law.
ARTICLE 8
OFFICERS AND THEIR DUTIES
8.1 Enumeration of Offices. The Officers of the Association shall be a President, a
Secretary, and a Treasurer, and such other Officers as the Board may from time to time create by
resolution who are required to be Directors. Any two (2) offices, except the offices of President
and Secretary, may be held by the same person.
8.2 Election and Term of Officers. The Officers shall be elected by the Directors, for a one
(1) year term, or until a successor is appointed, at the first meeting of the Board following each
annual meeting of the Members.
8.3 Special Appointments. The Board may elect other Officers as the affairs of the
Association may require, each of whom shall hold office for such period, have such authority,
and perform such duties as the Board may, from time to time, determine. An Officer so specially
appointed need not be a Member or Director.
8.4 Resignation and Removal. Any Officer may be removed from office with or without
cause by a majority of the Board of Directors. Any Officer may resign at any time by giving
written notice to the Board, the President or the Secretary. A resignation shall take effect on the
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Quicksilver Court Homeowners’ Association
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date of receipt of a notice or at any later time specified therein. Acceptance of a resignation shall
not be necessary to make it effective.
8.5 Vacancies. A vacancy in any office may be filled by appointment by the Board by
majority vote of the Board. The Officer appointed to the vacancy shall serve for the remainder of
the term of the Officer he replaces.
8.6 Duties. The duties of the Officers are as follows:
(a) President. The President shall have all of the general powers and duties
which are incident to the office of President of a Colorado nonprofit corporation
including, but not limited to the following: preside at all meetings of the Board of
Directors; appoint committees; see that orders and resolutions of the Board are carried
out; sign all contracts, leases and other written instruments; direct, supervise, coordinate
and have general control over the day-to-day affairs of the Association.
(b) Secretary. The Secretary shall take the place of the President and perform
the President’s duties whenever the Chairman is absent or unable to act. The Secretary
shall also record the votes and maintain the minutes of all meetings and proceedings of
the Board and of the Members; serve notice of meetings of the Board and of the
Members; keep appropriate current records showing the Members of the Association
together with their addresses, and perform such other duties incident to the office of
Secretary or as required by the Board.
(c) Treasurer. The Treasurer shall be responsible for the receipt, deposit and
disbursement of Association funds and securities and for maintenance of full and accurate
financial records; shall prepare an annual budget and a statement of income and
expenditures to be presented to the membership at its regular annual meeting. The
Treasurer shall perform all duties incident to the office of Treasurer and such other duties
as may be assigned by the Board of Directors.
8.7 Compensation. The Association may reasonably compensate an Officer for any service
he or she renders in such a capacity in addition to reimbursement for actual expenses incurred in
the performance of Association duties. Officers may include attorneys, accountants, engineers,
or managers of the water distribution system.
8.8 Delegation. The duties of any Officer may be delegated to the managing agent, if any,
or another Director; provided, however, the Officer shall not be relieved of any responsibility
under this Section or under Colorado law.
8.9 Execution of Instruments. The President or Treasurer of the Board of Directors shall
have power to execute and deliver on behalf and in the name of the Association any instrument
requiring the signature of an officer of the Association, except as otherwise provided in these
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Quicksilver Court Homeowners’ Association
Page 16 of 22
Bylaws or where the execution and delivery thereof shall be expressly delegated by the Board of
Directors to some other officer or agent of the Association. Unless authorized to do so by these
Bylaws or by the Board of Directors, no officer, agent or employee shall have any power or
authority to bind the Association in any way, to pledge its credit or to render it liable pecuniarily.
8.10 Execution of Amendments to Declaration. The President shall have the authority to
amend, revise, remove, repeal or add any provision to the Declaration, without Owner or
mortgagee approval, only as necessary to confirm with any applicable local, state, or federal law.
8.11 Checks and Endorsements. All checks, drafts or other orders for the payment of
money, obligations, notes or other evidences of indebtedness, and other such instruments shall be
signed or endorsed by such officers or agents of the Association as shall from time to time be
determined by resolution of the Board of Directors, which resolutions may provide for the use of
facsimile signatures.
8.12 Gifts. The Board of Directors may accept, on behalf of the Association, any
contribution, gift, bequest or devise for the general purposes, or for any special purpose, of the
Association.
ARTICLE 9
COMMITTEES
9.1 Designated Committees. The Association may appoint such committees as deemed
appropriate in carrying out its purposes, including an Architectural Review Committee.
Committees shall have authority to act only to the extent designated in the Governing Documents
or delegated by the Board.
9.2 Executive Committee. The Board of Directors, by resolution adopted by a majority of the
number of Directors, may designate three (3) or more Directors to constitute an executive
committee, which committee, to the extend provided in such resolution, shall have and may
exercise all of the authority of the Board of Directors in the management of the Association.
9.3 Compensation. The Association may reasonably compensate a Committee Member for
any service he or she renders in such a capacity in addition to reimbursement for actual expenses
incurred in the performance of Association duties. Compensable services provided by
Committee Members may include legal, engineering, or architectural review of plans and
drawings affecting the Subdivision.
ARTICLE 10
BOOKS AND RECORDS
10.1 Records. The Association shall keep the following records in written form or in
another form capable of conversion into written form within a reasonable time:
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Quicksilver Court Homeowners’ Association
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(a) An account for each Lot, which shall designate the name and address of each
Owner, the amount of each Assessment, the dates on which each Assessment comes due,
any other fees payable by the Owner, the amounts paid on the account and the balance
due;
(b) An account for each Owner showing any other fees payable by the Owner;
(c) A list of the names and business or home addresses of its current Directors
and Officers;
(d) The most recent regularly prepared balance sheet and income and expense
statement, if any, of the Association;
(e) The current operating budget;
(f) A record of any unsatisfied judgments against the Association and the case
number and court name and address of any pending suits in which the Association is a
defendant;
(g) A record of insurance coverage provided for the benefit of Owners and the
Association;
(h) Tax returns for state and federal income taxation;
(i) The most recent annual report, if any;
(j) During the immediately preceding three years, all audited or published
financial statements that an Owner may request under the Colorado Revised Nonprofit
Corporation Act;
(k) A record of all actions taken by a committee of the Board in place of the
Board on behalf of the Association, and a record of all waivers of notices of meetings of
Owners and of the Board or any committee thereof;
(l) For the immediately preceding three (3) years, minutes of all meetings of
Owners and the Board, a record of all actions taken without a meeting, and all
correspondence between the Association and Owners;
(m) Resolutions adopted by the Board relating to the characteristics,
qualifications, rights, limitations, and obligations of Owners or any class or category of
Owners; and
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Quicksilver Court Homeowners’ Association
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(n) Copies of the most current versions of the Governing Documents, along with
their exhibits and schedules.
10.2 Minutes and Presumptions Thereunder. Minutes or any similar record or the meetings of
Members of the Board of Directors, when signed by the Secretary or acting Secretary of the
meeting, shall be presumed to truthfully evidence the matters set forth therein. A
recitation in any such minutes that notice of the meeting was property given shall be prima facie
evidence that the notice was given.
10.3 Examination. The books, records and papers of the Association shall at all times, during
normal business hours, upon notice of five (5) business days, be subject to inspection and
copying by any Member, at their expense, in good faith and for any proper purpose; provided,
however, that the Association shall not release those documents determined by the Board to be
confidential pursuant to a written policy or applicable law. The Board shall determine
reasonable fees for copying, which shall not exceed the Association’s actual cost per page. This
Section 10.3 shall not be construed to affect the right of an Owner to inspect records if the
Owner is in litigation with the Association.
(a) Membership List. A membership list or any part thereof may not be obtained
or used by any person for any purpose unrelated to an Owner's interest as an Owner.
Specifically, a Membership List may not be used to solicit money or property unless such
money or property will be used solely to solicit the votes of the Owners in an election to
be held by the Association; used for any commercial purpose; or sold to or purchased by
any person.
ARTICLE 11
AMENDMENTS
These Bylaws may be amended by a vote of a majority of the eligible Members present and
voting, in person or by proxy, at a regular or special meeting at which a quorum is present;
provided, however, that notice has been sent to all Members pursuant to these Bylaws, which
sets forth that the meeting is being conducted for the purpose of amendment and contains a copy
or a summary of the amendment or states the general nature of the amendment.
ARTICLE 12
INDEMNIFICATION
12.1 Obligation to Indemnify.
(a) The Association shall indemnify, hold harmless, and defend any Director,
Officer, or Committee Member who:
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Quicksilver Court Homeowners’ Association
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(i) is wholly successful on the merits or otherwise, in the defense of any
proceeding to which the person was a party because the person is or was a
Director, Officer, or Committee Member of the Board; or
(ii) acted in good faith and in a manner which the person reasonably
believed to be in the best interests of the Association, and, with respect to any
criminal action or proceeding, had no reasonable cause to believe the conduct was
unlawful .
(b) No indemnification shall be made where the person has been adjudged to be
liable for negligence or misconduct in the performance of his or her duties to the
Association, unless a court determines that, despite the adjudication of liability, but in
view of all circumstances of the case, the person is fairly and reasonably entitled to
indemnification for the expenses if the court deems proper.
(c) The Association’s obligation for indemnification shall include: (i) Actual and
reasonable expenses (including expert witness fees, attorneys’ fees and costs); (ii)
Judgments and fines; and (iii) Reasonable amounts paid in settlement.
12.2 Determination Required. Indemnification may be made only after a determination by the
Board of Directors that indemnification is required or permitted pursuant to Section 12.1 above.
(a) The Board of Directors shall determine, in writing, whether the person
requesting indemnification has met the applicable standard of conduct set forth above.
The determination shall be made by the Board of Directors:
(i) By majorit y vote of a quorum consisting of those Directors who were
not parties to the action, suit or proceeding, or;
(ii) If a quorum cannot be obtained, by a majority vote of a committee of
the Board of Directors designated by the Board, which committee shall consist of
two or more Directors not parties to the proceeding; except that Directors who are
parties to the proceeding may participate in the designation of Directors for the
committee.
(b) If neither a quorum nor a committee can be established, or by direction of a
majority of the Directors constituting a quorum or committee, the determination shall be
made by:
(i) Independent legal counsel in a written opinion; or
(ii) By the voting members, but voting members who are also Directors
and who are at the time seeking indemnification may not vote on the
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Quicksilver Court Homeowners’ Association
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determination.
(c) Termination of any action, suit or proceeding by judgment, order, settlement
or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create
a presumption that the person did not act in good faith and in a manner reasonably
believed to be in the best interests of the Association and, with respect to any criminal
action or proceeding, had reasonable cause to believe the conduct was unlawful.
(d) Authorization of indemnification and advance of expenses shall be made in
the same manner as the determination that indemnification or advance of expenses is
permissible; except that, if the determination that indemnification or advance of expenses
is permissible is made by independent legal counsel, authorization of indemnification and
advance of expenses shall be made by the body that selected such counsel.
12.3 Payment in Advance of Final Disposition. The Association shall pay for or reimburse the
reasonable expenses as described above in advance of final disposition of the action, suit or
proceeding if the Association determines that the facts then known to it would not preclude
indemnification under this Article 12, and the person requesting indemnification provides the
Board of Directors with:
(a) A written affirmation of that person’s good faith belief that he or she has met
the standard of conduct described above and;
(b) A written statement that the person shall repay the advance if it is ultimately
determined that he or she did not meet the standard of conduct described above.
12.4 Notice. If the Association indemnifies or advances expenses to a Director under this
Article 12 in connection with a proceeding by or in the right of the Association, the Association
shall give written notice of the indemnification or advance to the Members with or before the
notice of the next Members' meeting. If the next Member action is taken without a meeting at
the instigation of the Board of Directors, such notice shall be given to the Members at or before
the time the first Member signs a writing consenting to such action.
12.5 No Limitation of Rights. The indemnification provided in this Article shall not be
deemed exclusive of nor a limitation upon any other rights to which those indemnified may be
entitled under any bylaw, agreement, vote of the Members or disinterested members of the Board
of Directors, or otherwise, nor by any rights which are granted pursuant to C.R.S. § 38-33.3-101,
et seq., and the Colorado Revised Nonprofit Corporation Act, as those statutes may be amended
from time to time.
12.6 Directors and Officers Insurance. The Association may purchase and maintain insurance
on behalf of any Director, Officer, committee member of the Board, or anyone acting at the
direction of the Board, covering defense and liability expenses arising out of any action, suit or
proceeding asserted against the person by virtue of the person 's actions on behalf of the
Association or at the direction of the Board, whether or not the Association would have the
power to indemnify the person against liability under provisions of this Article 12. Any such
insurance may be procured from any insurance company designated by the Board, whether s uch
in s urance company is formed under the Jaw of the State of Colorado or an y other jurisdiction,
including any in s urance company in which the Association has an equity or any other interest
through stock ownership or otherwise.
ARTICLE 13
MISCELLANEOUS
13.l Fiscal Year. The Board ha s the right to establish and, from time to time, change the fiscal
year of the Association.
13.2 Conflicts. In the case of any conflicts between the Declaration and these Bylaws or the
Articles of Incorporation, the terms of the Declaration shall control. ln the case of any conflicts
between the Articles of lncorporation and these Bylaws, the terms of the Articles of
Incorporation shall contro l. ln the event of a conflict between these Bylaws and any of the
governing documents of the Grass Mesa Homeowners Association, the governing documents of
the Grass Mesa Homeowners Association shall control.
13.3 Waiver. No re striction, condition, obligation or provision contained in these Bylaws
shall be deemed to have been abrogated or waived by reason of any failure to enforce the same,
irre s pective of the number of v iolations or breaches which may occur.
The Pres ident a nd Secretary of the Board of Directors hereby certify these Bylaws
rece iv ed the approval in writing by a majority of a quorum of the Members eligible to vote, at a
meeting of the Members, called for that purpose, and properly noticed purs uant to these Bylaws
effective as of , 2009.
QUICKSILVER COURT HOMEOWNERS ' ASSOCIATION
a Colorado nonprofit corporation
Bylaws
Quicksilver C ourt Homeowners ' Association
Page 21 of22
Bylaws
Quicksilver Court Homeowners ' Association
Page 22 of22
Exhibit L
Rifle Fire Protection District Easement
Page 1 of 2
EASEMENT DEED
This EASEMENT DEED (“Easement”) is granted on this ___ day of _______ 2010, by
and between George H. Daniels, III and Gregory Hasenberg (collectively referred to herein as
“Grantor”) to the Rifle Fire Protection District, a Colorado special district (“Grantee”), for the
purposes stated herein. Grantor and Grantee are also referred to herein individually as “Party”
and collectively as the “Parties.”
WHEREAS, Grantor is the owner of that certain real property situated in Garfield
County, Colorado, known as Lots 1, 2, 3, 4, 5, 6, and 7 of the Quicksilver Court Subdivision, a
resubdivision of Lots 2 and 2A, Grass Mesa Ranch (the “Property”); and
WHEREAS, Grantor desires to grant to Grantee an easement for fire protection
purposes;
NOW THEREFORE, in consideration of the sum of ten dollars and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree as follows:
1. Grant of Easement. Grantor does hereby grant and convey to Grantee, its
successors and assigns, a nonexclusive, perpetual easement of access and use over and across
Quicksilver Court and the Fire Protection, Utility, and Drainage Easement located on Lots 5, 6,
and 7, as further described and depicted on the Final Plat for the Quicksilver Court Subdivision,
attached hereto as Exhibit A, and more particularly described in Exhibit B, for the use,
operation, inspection, maintenance, and repair of Quicksilver Pond, the dry hydrant, and
appurtenant facilities, including the water pump, buried or installed thereon; provided, however,
that Grantee shall provide at least twenty-four (24) hour notice to the owners of said Lots prior to
entering, except in case of a fire emergency. Grantor agrees not to build, create, construct or
permit to be built, created or constructed, any obstruction, building, lake, engineering works, or
other structure over or on the easement granted herein.
2. Binding Effect. This Easement shall be binding upon and inure to the benefit of
the Parties hereto and their respective heirs, personal representatives, successors, and assigns
forever.
3. Full Use and Enjoyment. Except as described herein, Grantor shall continue to
enjoy the full use and enjoyment of the Property.
Executed a s of th e date fir st written above.
GRANTOR:
~----
ST A TE OF COLORA DO )
) SS
COUN TY OF GARFTELD )
(¥ f/J'-)'he forego ing doc um ent was ackn owledged a nd sworn to before me thi s l1_day of
I W 1 (> i ( 20 l 0 by G.H . Daniels, TTI , a nd Gregory Hasenberg, as Gra n tor.
SEAL
.~fter recording, return to;
The Sloan law Firm , PLLC
76 S. Main Street. Suite I
Moab. UT 8 4532
Rifle Fire Protection District Easement
Page 2 o/2
FINAL PLAT
QUICKSILVER COURT SUBDIVISION
A REPLAT OF LOT 2 AND LOT 2A GRASS MESA RANCH
BEING A PARCEL OF LAND SITUATED IN THE SWl/4 OF SECTION 22 AND THE NWl/4 OF SECTION 27,
TOWNSHIP 6 SOUTH., RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN,
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EXHIBIT B
Legal Description
FIRE PROTECTION, UTILITY, AND DRAINAGE EASEMENT
A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22,
TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL CROSSING LOT 5
AND LOT 6 OF QUICKSILVER COURT SUBDIVISION; SAID PARCEL BEING MORE
PARTICUARLY DESCRIBED AS FOLLOWS:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16
CORNER OF SECTION 27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16
CORNER OF SECTION 27, A REBAR & CAP LS#9009 IN PLACE.)
COMMENCING AT THE SOUTHEAST CORNER OF LOT 6 , (WHENCE THE SOUTH
QUARTER CORNER OF SAID SECTION 22 BEARS S83°29’07”E A DISTANCE OF 547.02
FEET); THENCE ALONG THE NORTHERLY RIGHT-OF-WAY BOUNDARY OF
QUICKSILVER COURT ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 42°02’33”, A DISTANCE OF 44.03
FEET (CHORD BEARS S74°05’55”W A DISTANCE OF 43.05 FEET) TO THE
SOUTHWEST CORNER OF SAID LOT 6; THENCE N43°25’07”W ALONG THE
WESTERLY BOUNDARY OF SAID LOT 6 A DISTANCE OF 132.36 FEET; THENCE
CONTINUING ALONG SAID WESTERLY BOUNDARY N00°53’21”W A DISTANCE OF
381.60 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY N89°56’24”W A
DISTANCE OF 84.43 FEET TO AN ANGLE POINT ALONG THE WESTERLY
BOUNDARY OF LOT 5; THENCE N00°53’21”W A DISTANCE OF 169.89 FEET; THENCE
S90°00’00”E A DISTANCE OF 95.55 FEET TO THE WESTERLY BOUNDARY OF SAID
LOT 6; THENCE N03°37’34”E ALONG SAID WESTERLY BOUNDARY A DISTANCE OF
94.13 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY S53°18’46”E A
DISTANCE OF 103.69 FEET; THENCE S40°48’45”E A DISTANCE OF 58.37 FEET;
THENCE S90°00’00”E A DISTANCE OF 155.51 FEET TO A POINT ON THE EASTERLY
BOUNDARY OF SAID LOT 6; THENCE S49°11’15”W ALONG SAID EASTERLY
BOUNDARY A DISTANCE OF 212.01 FEET TO AN ANGLE POINT ON SAID EASTERLY
BOUNDARY; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY
S00°53’21”E A DISTANCE OF 485.15 FEET TO THE POINT OF BEGINNING, SAID
PARCEL CONTAINS 2.567 ACRES MORE OR LESS.
EASEMENT DEED
This EASEMENT DEED (“Easement”) is granted by G.H. Daniels, III (“Daniels) and
Gregory Hasenberg (“Hasenberg”) (collectively referred to herein as “Grantor”) to the
Quicksilver Court Homeowners’ Association (“Grantee”) on this _____ day of ________
2010, for the purposes recited herein.
WHEREAS, Grantor is the owner of that certain real property situated in Garfield
County, Colorado, known as Lots 1, 2, 3, 4, 5, 6, and 7 of the Quicksilver Court Subdivision, a
resubdivision of Lots 2 and 2A, Grass Mesa Ranch (the “Property”), as shown on the Final Plat,
as amended, of the Quicksilver Court Subdivision (“Plat”), recorded in the real property records
of Garfield County at Reception No. _______, and as described in the Declaration of Protection
Covenants for the Quicksilver Court Subdivision (“Declaration”) recorded in the real property
records of Garfield County at Reception No. _______; and
WHEREAS, Grantor desires to grant to Grantee the following easements;
NOW, THEREFORE, in consideration of the sum of ten dollars and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree as follows:
1. 10’ Public Utility Easement. Grantor hereby grants to Grantee a ten-foot (10’) wide,
perpetual, non-exclusive easement over, across, and through Lots 3, 5, 6, and 7 for public
utilities along each side of Quicksilver Court, including but not limited to, water, electric,
gas, telephone, and cable, together with the right of ingress and egress to install,
construct, operate, maintain, and repair the said public utilities, as depicted on the Plat,
attached hereto as Exhibit A as “10’ Public Utility Easement” and more particularly
described in Exhibit B. No permanent structure or improvement of any kind, shall be
installed or maintained which will impair the use of the 10’ Public Utility Easement. The
Public Utility Easement shall run with the land and shall be for the benefit of the
Property.
2. 20’ Public Utility Easement. Grantor hereby grants to Grantee a twenty-foot (20’) wide,
perpetual, non-exclusive easement over, across, and through the Property for public
utilities, including but not limited to, water, electric, gas, telephone, and cable, togethe r
with the right of ingress and egress to install, construct, operate, maintain, and repair the
said public utilities, as depicted on the Plat, attached hereto as Exhibit A as “20’ Public
Utility Easement” and more particularly described in Exhibit B. No permanent structure
or improvement of any kind, shall be installed or maintained which will impair the use of
the Public Utility Easement. The 20’ Public Utility Easement shall run with the land and
shall be for the benefit of the Property.
3. 40’ Public Utility Easement. Grantor hereby grants to Grantee a forty-foot (40’) wide,
perpetual, non-exclusive easement over, across, and through Lots 2 and 3 for public
utilities, including but not limited to, water, electric, gas, telephone, and cable, together
Easement Deed
Page 2 of 3
with the right of ingress and egress to install, construct, operate, maintain, and repair the
said public utilities, as depicted on the Plat, attached hereto as Exhibit A as “40’ Public
Utility Easement” and more particularly described in Exhibit B. No permanent structure
or improvement of any kind, shall be installed or maintained which will impair the use of
the Public Utility Easement. The 40’ Public Utility Easement shall run with the land and
shall be for the benefit of the Property.
4. 20’ Well and Utility Easement. Grantor hereby grants to Grantee a twenty-foot (20’)
wide, perpetual, non-exclusive easement for wells and appurtenant utilities, together with
the right of ingress and egress to install, construct, operate, maintain, and repair the Water
Distribution System, as defined in the Declaration, as depicted on Exhibit A as “20’ Well
and Utility Easement” and more particularly described in Exhibit B. The Association
shall access the Well and Utility Easement, as necessary, on foot or all-terrain vehicle
(“ATV”). In the event of an emergency, or when necessary for installation, maintenance,
or repair of the Water Distribution System, the Association may enter the Well and
Utility Easement by vehicle. No permanent structure or improvement of any kind, shall
be installed or maintained which will impair the use of the Well and Utility Easement.
The Well and Utility Easement shall run with the land and shall be for the benefit of the
Property.
5. Fire Protection, Utility, and Drainage Easement. Grantor hereby grants to Grantee a
perpetual, non-exclusive easement for fire protection, utilities, and drainage over, across,
and through Lots 5, 6, and 7 to Quicksilver Pond, together with the right of ingress and
egress to install, construct, operate, maintain, and repair utilities and drainage, as depicted
on Exhibit A as “Fire Protection, Utility, and Drainage Easement” and more particularly
described in Exhibit B. No permanent structure or improvement of any kind, shall be
installed or maintained which will impair the use of the Fire Protection, Utility, and
Drainage Easement. The Fire Protection, Utility, and Drainage Easement shall run with
Lots 5, 6, and 7 and shall be for the benefit of the Property.
6. Maintenance, Repair, and Improvement. Grantee shall bear the cost of maintenance,
repair, and improvement of the right-of-way and easements granted herein, including
installation, construction, burial, maintenance, repair, improvement, and removal of said
public utilities.
Exec ut ed as of the date firs t writte n above.
~--
G.H. Dani els, lilt
ST A TE OF CO LORA DO )
) SS.
COUNTY OF GARF IEL D )
NJ-, 1, ;I The fo rego in g do c um ent wa s acknow ledged and sworn to before me thi s / '1 day of
II_._. /l~_ni ..... C_rr_1 20 I 0 by G.H. Danie ls, ill, and Gregory Hasenberg , as Gran tor .
WITNESS my ha nd and official seal.
MYC ISSION
• . EXP IRES JULY 18 2012 A./ter recordmg. please re111rn ·10 : ·
Th e S loan law Firm . PLL C
76 S. Main Street. Suifl! I
Moab. UT 8 453 2
Easement Deed
Page 3 of3
FINAL PLAT
QUICKSILVER COURT SUBDIVISION
A REPLAT OF LOT 2 AND LOT 2A GRASS MESA RANCH
BEING A PARCEL OF LAND SITUATED IN THE SWl/4 OF SECTION 22 AND THE NWl/4 OF SECTION 27,
TOWNSHIP 6 SOUTH., RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN,
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EXHIBIT B
Legal Descriptions
10 FOOT PUBLIC UTILITY EASEMENT
A STRIP OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22 AND THE NORTHWEST
QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP CROSSING LOTS 1, 3, 4, 5, 6,
AND 7 OF QUICKSILVER COURT SUBDIVISION; SAID STRIP BEING MORE PARTICUARLY
DESCRIBED AS FOLLOWS:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION
27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR &
CAP LS#9009 IN PLACE.)
COMMENCING AT A POINT ON THE WESTERLY RIGHT -OF-WAY BOUNDARY OF QUICKSILVER
WAY RECORDED AS RECEPTION NO. 636525 IN THE GARFIELD COUNTY CLERK AND RECORDER’S
OFFICE (WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 27 BEARS N22°21’33”E A
DISTANCE OF 75.63 FEET); THENCE LEAVING SAID WESTERLY RIGHT -OF-WAY BOUNDARY
S88°59’26”W A DISTANCE OF 90.33 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 270.00 FEET AND A CENTRAL ANGLE 08°31’20”, A DISTANCE OF 40.16 FEET
(CHORD BEARS N86°44’54”W A DISTANCE OF 40.12 FEET); THENCE N82°29’14”W A DISTANCE OF
310.85 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET
AND A CENTRAL ANGLE OF 50°28’44”, A DISTANCE OF 44.05 FEET (CHORD BEARS S72°16’25”W A
DISTANCE OF 42.64 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 280°57’27”, A DISTANCE OF 294.22 FEET (CHORD
BEARS N07°30’46”E A DISTANCE OF 76.36 FEET); THENCE ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 50°28’44”, A DISTANCE OF 44.05
FEET (CHORD BEARS S57°14’52”E A DISTANCE OF 42.64 FEET); THENCE S82°29’14’E A DISTANCE OF
310.85 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 230.00
FEET AND A CENTRAL ANGLE OF 08°31’20”, A DISTANCE OF 34.21 FEET (CHORD BEARS S86°44’54 ”E
A DISTANCE OF 34.18 FEET); THENCE N88°59’26”E A DISTANCE OF 90.33 FEET TO A POINT ON SAID
WESTERLY RIGHT-OF-WAY BOUNDARY OF QUICKSILVER WAY; THENCE N01°00’34”W ALONG
SAID WESTERLY RIGHT-OF-WAY BOUNDARY A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID
WESTERLY RIGHT-OF-WAY BOUNDARY S88°59’26”W A DISTANCE OF 90.33 FEET; THENCE ALONG
THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE
OF 08°31’20”, A DISTANCE OF 32.72 FEET (CHORD BEARS N86°44’54”W A DISTANCE OF 32.69 FEET);
THENCE N82°29’14”W A DISTANCE OF 310.85 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 50°28’44”, A DISTANCE OF
35.24 FEET (CHORD BEARS N57°14’52”W A DISTANCE OF 34.11 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 70.00 FEET AND A CENTRAL ANGLE OF 280°57’27”, A
DISTANCE OF 343.25 FEET (CHORD BEARS S07°30’46”W A DISTANCE OF 89.09 FEET; THENCE ALONG
THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF
50°28’44”, A DISTANCE OF 35.24 FEET (CHORD BEARS N72°16’25”E A DISTANCE OF 34.11 FEET);
THENCE S82°29’14”E A DISTANCE OF 310.85 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 08°31’20”, A DISTANCE OF
41.65 FEET (CHORD BEARS S86°44’54”E A DISTANCE OF 41.61 FEET ); THENCE N88°59’26”E A
DISTANCE 90.33 FEET TO A POINT ON SAID WESTERLY RIGHT -OF-WAY BOUNDARY OF
QUICKSILVER WAY; THENCE N01°00’34”W ALONG SAID WESTERLY RIGHT -OF-WAY BOUNDARY A
DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 12,748 SQUARE
FEET MORE OR LESS.
Exhibit B
HOA Easement Deed
Page 2 of 6
20 FOOT PUBLIC UTILITY EASEMENT
A STRIP OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH,
RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY O F GARFIELD, STATE OF
COLORADO; SAID STRIP CROSSING LOTS 1, 2, AND 3 OF QUICKSILVER COURT SUBDIVISION; SAID
STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION
27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR &
CAP LS#9009 IN PLACE.)
COMMENCING AT A POINT ON THE WESTERLY RIGHT -OF-WAY BOUNDARY OF QUICKSILVER
WAY RECORDED AS RECEPTION NO. 636525 IN THE GARFIELD COUNTY CLERK AND RECORDER’S
OFFICE; (WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 27 BEARS N01°27’13”E A
DISTANCE OF 698.06 FEET) THENCE ALONG SAID WESTERLY RIGHT -OF-WAY BOUNDARY
S01°00’34”E A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT -OF-WAY
BOUNDARY S88°59’12”W A DISTANCE OF 708.56 FEET; THENCE S00°46’15”E A DISTANCE OF 600.08
FEET TO THE SOUTH BOUNDARY OF LOT 2 OF SAID QUICKSILVER COURT SUBDIVISION; THENCE
S89°14’04”W ALONG SAID SOUTH BOUNDARY OF LOT 2 AND LOT 3 A DISTANCE OF 20.00 FEET;
THENCE N00°46’15”W A DISTANCE OF 1279.87 FEET; THENCE N89°06’39”E A DISTANCE OF 173.74
FEET TO THE WESTERLY RIGHT-OF-WAY BOUNDARY OF QUICKSILVER COURT; THENCE ALONG
SAID WESTERLY RIGHT-OF-WAY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING
A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 33°29’38”, A DISTANCE OF 35.07 FEET (CHORD
BEARS S74°04’43”E A DISTANCE OF 34.58 FEET); THENCE LEAVING SAID WESTERLY RIGHT -OF-
WAY BOUNDARY S00°53’21”E A DISTANCE OF 10.00 FEET; THENCE S89°06’39”W A DISTANCE OF
186.89 FEET; THENCE S00°46’15”E A DISTANCE OF 639.84 FEET; THENCE N88°59’12”E A DISTANCE OF
708.48 FEET TO THE POINT OF BEGINNING, SAID STRIP OF LAND CONTAINS 43,281 SQUARE FEET
MORE OR LESS.
ALSO
A STRIP OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH,
RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO; SAID STRIP CROSSING LOT 1 OF QUICKSILVER COURT SUBDIVISION; SAID STRIP
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION
27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR &
CAP LS#9009 IN PLACE.)
COMMENCING AT A POINT ON THE WESTERLY RIGHT -OF-WAY BOUNDARY OF QUICKSILVER
COURT, (WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 27 BEARS N89°11’39”E A
DISTANCE OF 607.91 FEET); THENCE ALONG SAID WESTERLY RIGHT -OF-WAY BOUNDARY ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF
20°23’51”, A DISTANCE OF 21.36 FEET (CHORD BEARS S20°37’16”E A DISTANCE OF 21.25 FEET);
THENCE LEAVING SAID WESTERLY RIGHT -OF-WAY BOUNDARY S89°06’39”W A DISTANCE OF
715.78 FEET TO THE WESTERLY BOUNDARY OF SAID LOT 1; THENCE N00°53’38”W ALONG SAID
WESTERLY BOUNDARY A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID WESTERLY
BOUNDARY N89°06’39”E A DISTANCE OF 708.61 FEET TO THE POINT OF BEGININNG, SAID STRIP OF
LAND CONTAINS 14,231 SQUARE FEET MORE OR LESS.
ALSO
A STRIP OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH,
RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
Exhibit B
HOA Easement Deed
Page 3 of 6
COLORADO; SAID STRIP CROSSING LOTS 4, 5, 6, AND 7 OF QUICKSILVER COURT SUBDIVISION;
SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION
27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR &
CAP LS#9009 IN PLACE.)
COMMENCING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 7, (WHENCE THE SOUTH
QUARTER CORNER OF SAID SECTION 22 BEARS S00°07’27”W A DIST ANCE 526.56 FEET) THENCE
LEAVING SAID WESTERLY BOUNDARY N89°52’55”W A DISTANCE OF 541.85 FEET; THENCE
S00°53’21”E A DISTANCE OF 467.43 FEET TO A POINT ON NORTHERLY RIGHT -OF-WAY BOUNDARY
OF QUICKSILVER COURT; THENCE ALONG SAID NORTHERLY RIGHT -OF-WAY BOUNDARY ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF
19°17’54”, A DISTANCE OF 20.21 FEET (CHORD BEARS N84°47’37”W A DISTANCE OF 20.11 FEET);
THENCE LEAVING SAID NORTHERLY RIGHT -OF-WAY BOUNDARY N00°53’21”W A DISTANCE OF
465.65 FEET; THENCE N89°52’55”W A DISTANCE OF 111.06 FEET; THENCE S00°53’21”E A DISTANCE
OF 377.53 FEET; THENCE S43°25’07”E A DISTANCE OF 130.48 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY BOUNDARY OF SAID QUICKSILVER COURT; THENCE ALONG SAID WESTERLY
RIGHT-OF-WAY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
60.00 FEET AND A CENTRAL ANGLE OF 19°19’01”, A DISTANCE OF 20.23 FEET (CHORD BEARS
S53°10’17”W A DISTANCE OF 20.13 FEET); THENCE LEAVING SAID WESTERLY RIGHT -OF-WAY
BOUNDARY N43°25’07”W A DISTANCE OF 135.95 FEET; THENCE N00°53’21”W A DISTANCE OF 385.66
FEET; THENCE N89°56’24”W A DISTANCE OF 64.43 FEET; THENCE S00°53’21”E A DISTANCE OF 498.83
FEET; THENCE N89°06’39”E A DISTANCE OF 147.26 FEET TO THE WESTERLY RIGHT -OF-WAY
BOUNDARY OF SAID QUICKSILVER COURT; THENCE ALONG SAID WESTERLY RIGHT -OF-WAY
BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET AND A
CENTRAL ANGLE OF 20°24’52”, A DISTANCE OF 21.38 FEET (CHORD BEARS S18°58’23”W A
DISTANCE OF 21.26 FEET); THENCE LEAVING SAID WESTERLY RIGHT -OF-WAY BOUNDARY
S89°06’39”W A DISTANCE OF 160.04 FEET; THENCE N00°53’21”W A DISTANCE OF 524.30 FEET;
THENCE N51°57’44”W A DISTANCE OF 684.24 FEET TO A POINT ON THE WESTERLY BOUNDARY OF
SAID LOT 4; THENCE N00°04’10”E ALONG SAID WESTERLY BOUNDARY OF LOT 4 AND LOT 5 A
DISTANCE OF 25.37 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY S51°57’44”E A DISTANCE
OF 701.19 FEET; THENCE S89°52’55”E A DISTANCE OF 70.82 FEET; THENCE N00°53’21”W A DISTANCE
OF 9.23 FEET; THENCE N03°37’34”E A DISTANCE OF 754.80 FEET TO A POINT ON THE NORTHERLY
BOUNDARY OF SAID LOT 5; THENCE N89°06’35”E ALONG SAID NORTHERLY BOUNDARY OF LOT 5
AND LOT 6 A DISTANCE OF 20.06 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY
S03°37’34’W A DISTANCE OF 755.59 FEET; THENCE S00°5 3’21”E A DISTANCE OF 8.79 FEET; THENCE
S89°52’55”E A DISTANCE OF 111.06 FEET; THENCE N00°53’21”W A DISTANCE OF 3.96 FEET; THENCE
N49°11’15”E A DISTANCE OF 744.32 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT
6; THENCE S00°07’27”W ALONG SAID WESTERLY BOUNDARY LOT 6 AND LOT 7 A DISTANCE OF
26.47 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY S49°11’15”W A DISTANCE OF 709.83
FEET; THENCE S89°52’55”E A DISTANCE OF 536.22 FEET TO A POINT ON THE WESTERLY
BOUNDARY OF SAID LOT 7; THENCE S00°07’27”W ALONG SAID W ESTERLY BOUNDARY A
DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, SAID STRIP OF LAND CONTAINS 2.112
ACRES MORE OR LESS.
40 FOOT PUBLIC UTILITY EASEMENT
A STRIP OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH,
RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO; SAID STRIP CROSSING LOT 2 AND LOT 3 OF QUICKSILVER COURT SUBDIVISION; SAID
STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION
27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR &
CAP LS#9009 IN PLACE.)
Exhibit B
HOA Easement Deed
Page 4 of 6
COMMENCING AT A POINT ON THE CENTERLINE OF QUICKSILVER WAY RECORDED AS
RECEPTION NO. 636525 IN THE GARFIELD COUNTY CLERK AND RECORDER’S OFFICE (WHENCE
THE NORTH QUARTER CORNER OF SECTION 27 BEARS N01°00’34”W A DISTANCE OF 69.43 FEET);
THENCE ALONG THE CENTERLINE OF SAID QUICKSILVER WAY S01°00’34”E A DISTANCE OF 1251.26
FEET TO THE CENTER-NORTH SIXTEENTH CORNER OF SAID SECTION 27, A 3-1/4” ALUMINUM CAP
L.S. NO. 19598 FOUND IN PLACE; THENCE LEAVING SAID CENTERLINE S89°14’04”W A DISTANCE OF
40.00 FEET; THENCE N01°00’34”W A DISTANCE OF 1251.09 FEET; THENCE N88°59’26”E A DISTANCE
OF 40.00 FEET TO THE POINT OF BEGININNG. SAID STRIP OF LAND CONTAINS 1.148 ACRES MORE
OR LESS.
FIRE PROTECTION, UTILITY, AND DRAINAGE EASEMENT
A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH,
RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO; SAID PARCEL CROSSING LOT 5 AND LOT 6 OF QUICKSILVER COURT SUBDIVISION;
SAID PARCEL BEING MORE PARTICUARLY DESCRIBED AS FOLLOWS:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION
27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR &
CAP LS#9009 IN PLACE.)
COMMENCING AT THE SOUTHEAST CORNER OF LOT 6 , (WHENCE THE SOUTH QUARTER CORNER
OF SAID SECTION 22 BEARS S83°29’07”E A DISTANCE OF 547.02 FEET); THENCE ALONG THE
NORTHERLY RIGHT-OF-WAY BOUNDARY OF QUICKSILVER COURT ALONG THE ARC OF A CURVE
TO THE LEFT HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 42°02’33”, A DISTANCE
OF 44.03 FEET (CHORD BEARS S74°05’55”W A DISTANCE OF 43.05 FEET) TO THE SOUTHWEST
CORNER OF SAID LOT 6; THENCE N43°25’07”W ALONG THE WESTERLY BOUNDARY OF SAID LOT 6
A DISTANCE OF 132.36 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY
N00°53’21”W A DISTANCE OF 381.60 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY
N89°56’24”W A DISTANCE OF 84.43 FEET TO AN ANGLE POINT ALONG THE WESTERLY BOUNDARY
OF LOT 5; THENCE N00°53’21”W A DISTANCE OF 169.89 FEET; THENCE S90°00’00”E A DISTANCE OF
95.55 FEET TO THE WESTERLY BOUNDARY OF SAID LOT 6; THENCE N03°37’34”E ALONG SAID
WESTERLY BOUNDARY A DISTANCE OF 94.13 FEET; THENCE LEAVING SAID WESTERLY
BOUNDARY S53°18’46”E A DISTANCE OF 103.69 FEET; THENCE S40°48’45”E A DISTANCE OF 58.37
FEET; THENCE S90°00’00”E A DISTANCE OF 155.51 FEET TO A POINT ON THE EASTERLY BOUNDARY
OF SAID LOT 6; THENCE S49°11’15”W ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 212.01
FEET TO AN ANGLE POINT ON SAID EASTERLY BOUNDARY; THENCE CONTINUING ALONG SAID
EASTERLY BOUNDARY S00°53’21”E A DISTANCE OF 485.15 FEET TO THE POINT OF BEGINNING,
SAID PARCEL CONTAINS 2.567 ACRES MORE OR LESS.
20.0 FOOT WELL AND UTILITY EASEMENTS
A STRIP OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH,
RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO; SAID STRIP CROSSING LOT 3 OF QUICKSILVER COURT SUBDIVISION; SAID STRIP
BEING 10.0 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION
27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR &
CAP LS#9009 IN PLACE.)
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27, A 3-1/4" ALUMINUM CAP
LS# 19598 IN PLACE; THENCE S54°24'07"W A DISTANCE OF 908.26 FEET TO A POINT ON THE WEST
LINE OF SAID LOT 3 OF QUICKSILVER COURT SUBDIVISION, THE POINT OF BEGINNING; THENCE
Exhibit B
HOA Easement Deed
Page 5 of 6
LEAVING SAID WEST LINE N89°13'45"E ALONG SAID CENTERLINE A DISTANCE OF 307.23 FEET TO
THE POINT OF TERMINUS. (WHENCE THE NORTH QUARTER CORNER OF SECTION 27 BEARS:
N39°25'45"E A DISTANCE OF 679.12 FEET). SAID STRIP CONTAINS 6,144 SQUARE FEET MORE OR
LESS.
ALSO
A STRIP OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH,
RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO; SAID STRIP CROSSING LOT 3 OF QUICKSILVER COURT SUBDIVISION; SAID STRIP
BEING 10.0 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION
27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR &
CAP LS#9009 IN PLACE.)
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27, A 3-1/4" ALUMINUM CAP
LS# 19598 IN PLACE; THENCE S31°30'02"W A DISTANCE OF 838.93 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT 3 OF QUICKSILVER COURT SUBDIVISION, THE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTH LINE N00°53'40"W ALONG SAID CENTERLINE A DISTANCE OF 200.63 FEET TO
THE POINT OF TERMINUS. (WHENCE THE NORTH QUARTER CORNER OF SECTION 27 BEARS:
N40°37'17"E A DISTANCE OF 678.09 FEET). SAID STRIP CONTAINS 4,013 SQUARE FEET MORE OR
LESS.
ALSO
A STRIP OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH,
RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO; SAID STRIP CROSSING LOT 5 AND LOT 7 OF QUICKSILVER COURT SUBDIVISION; SAID
STRIP BEING 10.0 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION
27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR &
CAP LS#9009 IN PLACE.)
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22, A 3-1/4" ALUMINUM CAP
LS# 19598 IN PLACE; THENCE N75°05'05"W A DISTANCE OF 787.70 FEET TO A POINT ON THE WEST
LINE OF SAID LOT 5 OF QUICKSILVER COURT SUBDIVISION, THE POINT OF BEGINNING; THENCE
LEAVING SAID WEST LINE N89°06'39"E ALONG SAID CENTERLINE A DISTANCE OF 133.23 FEET TO
THE POINT OF TERMINUS. (WHENCE THE SOUTH QUARTER CORNER OF SECTION 22 BEARS:
S71°56'08"E A DISTANCE OF 660.50 FEET). SAID STRIP CONTAINS 2,665 SQUARE FEET MORE OR
LESS.
ALSO
A STRIP OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH,
RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO; SAID STRIP CROSSING LOT 6 OF QUICKSILVER COURT SUBDIVISION; SAID STRIP
BEING 10.0 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION
27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR &
CAP LS#9009 IN PLACE.)
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22, A 3-1/4" ALUMINUM CAP
LS# 19598 IN PLACE; THENCE N80°43'56"W A DISTANCE OF 551.09 FEET TO A POINT ON THE WEST
Exhibit B
HOA Easement Deed
Page 6 of 6
LINE OF SAID LOT 6 OF QUICKSILVER COURT SUBDIVISION, THE POINT OF BEGINNING; THENCE
LEAVING SAID WEST LINE S73°49'36"E ALONG SAID CENTERLINE A DISTANCE OF 153.16 FEET TO
THE POINT OF TERMINUS. (WHENCE THE SOUTH QUARTER CORNER OF SECTION 22 BEARS:
S83°22'27"E A DISTANCE OF 399.47 FEET). SAID STRIP CONTAINS 3,063 SQUARE FEET MORE OR
LESS.
Q UlT C LA IM DEED
Thi s QUIT C LA I M D EED is made this 1111fday of MltllC.li 2010 by and bcrwccn G .H.
Da niels , Ill ("Dani e ls), whose lega l address is 17 6 G.H. Daniel s Blvd ., Gypsum, CO 81637, and
G rego r y Hase nber g ("Hasenberg"), who se lega l address is 1155 Quicks ilver Way , Rifl e, CO
8 1650 (collectively referred to herein as "Granter") and th e Quicks ilv e r C ourt Homeowner s'
Associa tion ("G rant ee''). whose lega l address is 1 155 Qu icks il ver Way. Ri tl e, CO 8 1650 .
The Grantor. for and in consideratio n of the sum of Teo Dollar ($10.00). the reccipc and
suffic iency of which is hereby acknowledged. has remi se d. released. sold and Quitclaimed. and by these
presents does rernise. rel ease, sell and Quitcl aim unto th e Grantee, th ei r successors and assigns forever,
all the right , titl e, interest , claim and demand which the Grantor has in and to certa in real property.
together wirh improvements, if any, situate, lyi ng and bei ng in the County of Garfield, State of Colorado,
particularly desc ribed as follows:
Qui cksi lver Court , as depic ted on the Final Pla t of th e Qui cks ilv er Cou rt Subdivision,
record ed at Re cepti o n No. in the real estate record of Ga rfield County,
Colorado, and more particu larly de cr ibed in th e attached Exhibit A .
Subject to all va lid casem ents, ri ghts of way, covenants , conditi ons, reservat ions a nd
restrictions of record , if any, including a certain Right-of-Wa y Dee d r ecorded at
R ece ption No. in th e real estate record s of Garfi eld County , Colorado.
TO HAVE AN D TO HOLD the same, toget her with all and si ngul ar the ap purtenan ces and
privileges thereunto belongi ng, or in an yw ise thereto appertain ing, and all the e tatc, ri ght , titl e, interest
and claim whacsoever , of the Grantor, either in law or equiry, to the only proper use, benefit and beb oof of
the Grantee, th eir successo rs and assigns foreve r.
IN WIT NESS WHE RE OF, the Grantor ha execu ted this deed on the date set forth above.
GRAN TOR:
ST A TE OF COLORA DO )
)ss.
COUNTY OF GARF I EL D )
Subscribed and sworn to before n1
Owner of the Subdivision, thi s/'F-/ day o f I
-
t Qr,egory Hasenberg and G.H. Daniels, Ill , as
rr (I IL 201 o.
EXHIBIT A
LEGAL DESCRIPTION
QUICKSILVER COURT
A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22 AND THE
NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL CROSSING
LOT 3 AND LOT 7 OF QUICKSILVER COURT SUBDIVISION; SAID PARCEL BEING MORE
PARTICUARLY DESCRIBED AS FOLLOWS:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION
27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR &
CAP LS#9009 IN PLACE.)
COMMENCING AT A POINT ON THE WESTERLY RIGHT -OF-WAY BOUNDARY OF QUICKSILVER
WAY RECORDED AS RECEPTION NO. 636525 IN THE GARFIELD COUNTY CLERK AND RECORDER’S
OFFICE (WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 27 BEARS N44°32’22”E A
DISTANCE OF 42.03 FEET); THENCE S01°00’34”E ALONG SAID WESTERLY RIGHT -OF-WAY
BOUNDARY A DISTANCE OF 40.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT -OF-WAY
BOUNDARY S88°59’26”W A DISTANCE OF 90.33 FEET; THENCE ALONG THE ARC OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 270.00 FEET AND A CENTRAL ANGLE 08°31’20”, A DISTANCE OF
40.16 FEET (CHORD BEARS N86°44’54”W A DISTANCE OF 40.12 FEET); THENCE N82°29’14”W A
DISTANCE OF 310.85 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 50.00 FEET AND A CENTRAL ANGLE OF 50°28’44”, A DISTANCE OF 44.05 FEET (CHORD BEARS
S72°16’25”W A DISTANCE OF 42.64 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 280°57’27”, A DISTANCE OF 294.22
FEET (CHORD BEARS N07°30’46”E A DISTANCE OF 76.36 FEET); THENCE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 50°28’44”, A
DISTANCE OF 44.05 FEET (CHORD BEARS S57°14’52”E A DISTANCE OF 42.64 FEET); THENCE
S82°29’14’E A DISTANCE OF 310.85 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 230.00 FEET AND A CENTRAL ANGLE OF 08°31’20”, A DISTANCE OF 34.21
FEET (CHORD BEARS S86°44’54”E A DISTANCE OF 34.18 FEET); THENCE N88°59’26”E A DISTANCE OF
90.33 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 30,056 SQUARE FEET MORE OR
LESS.
Quicksilver Court ROW
Page 1 of 2
RIGHT-OF-WAY DEED
This RIGHT-OF-WAY DEED (“ROW”) is granted on this ___ day of _______ 2010,
by and between George H. Daniels, III and Gregory Hasenberg (collectively referred to
herein as “Grantor”) and the Board of County Commissioners of Garfield County, Colorado,
acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or
through its authorized representatives and agents (“BOCC”).
WHEREAS, Grantor is the owner of that certain real property situated in Garfield
County, Colorado, known as Lots 1, 2, 3, 4, 5, 6, and 7 of the Quicksilver Court Subdivision, a
resubdivision of Lots 2 and 2A, Grass Mesa Ranch (the “Property”); and
WHEREAS, Grantor desires to dedicate Quicksilver Court as a public road and Grantee,
on behalf of the public, is willing to accept that dedication by accepting this deed for the right-of-
way;
NOW THEREFORE, in consideration of the sum of ten dollars and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree as follows:
1. Grant of Easement. Grantor does hereby grant and convey to Grantee, its
successors and assigns, a nonexclusive, perpetual forty-foot (40’) wide right-of-way over, across,
and through Lots 3 and 7 for the purposes of ingress and egress to and from, and access on and
along, Quicksilver Court, as depicted on the Final Plat for the Quicksilver Court Subdivision,
recorded at Reception Number of the real estate records of Garfield County,
Colorado, and more particularly described in Exhibit A, attached hereto and incorporated herein
by reference. Grantor agrees not to build, create, construct or permit to be built, created or
constructed, any obstruction or structure over or on the right-of-way granted herein.
2. Binding Effect. This ROW shall be binding upon and inure to the benefit of the
Parties and their respective heirs, personal representatives, successors, and assigns forever.
3. Full Use and Enjoyment. Except as described herein, Grantor shall continue to
enjoy the full use and enjoyment of the Property.
IN WIT~E S WHEREOF, the Parties have signed th is ROW as of the date first s ta ted
above.
GRA TOR:
By: Gregory Hasenberg
STA TE OF COLORADO )
)ss.
COUNTY OF GA RFI EL D )
ATTEST:
Clerk to the Boa rd
By: G. H. Dan iel • Ill
~---
tary Pu bli c
BOARD OF COUNTY COMMISSIONER
OF GARFIELD COU TY, COLORADO
By:~~~~~~~~~~~
Cha irman
Q11icksif-.:er Court ROW
Page 2 ofl
EXHIBIT A
LEGAL DESCRIPTION
QUICKSILVER COURT
A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22 AND THE
NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL CROSSING
LOT 3 AND LOT 7 OF QUICKSILVER COURT SUBDIVISION; SAID PARCEL BEING MORE
PARTICUARLY DESCRIBED AS FOLLOWS:
(BEARINGS REFERENCED TO N00°53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION
27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR &
CAP LS#9009 IN PLACE.)
COMMENCING AT A POINT ON THE WESTERLY RIGHT -OF-WAY BOUNDARY OF QUICKSILVER
WAY RECORDED AS RECEPTION NO. 636525 IN THE GARFIELD COUNTY CLERK AND RECORDER’S
OFFICE (WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 27 BEARS N44°32’22”E A
DISTANCE OF 42.03 FEET); THENCE S01°00’34”E ALONG SAID WESTERLY RIGHT -OF-WAY
BOUNDARY A DISTANCE OF 40.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT -OF-WAY
BOUNDARY S88°59’26”W A DISTANCE OF 90.33 FEET; THENCE ALONG THE ARC OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 270.00 FEET AND A CENTRAL ANGLE 08°31’20”, A DISTANCE OF
40.16 FEET (CHORD BEARS N86°44’54”W A DISTANCE OF 40.12 FEET); THENCE N82°29’14”W A
DISTANCE OF 310.85 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 50.00 FEET AND A CENTRAL ANGLE OF 50°28’44”, A DISTANCE OF 44.05 FEET (CHORD BEARS
S72°16’25”W A DISTANCE OF 42.64 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 280°57’27”, A DISTANCE OF 294.22
FEET (CHORD BEARS N07°30’46”E A DISTANCE OF 76.36 FEET); THENCE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 50°28’44”, A
DISTANCE OF 44.05 FEET (CHORD BEARS S57°14’52”E A DISTANCE OF 42.64 FEET); THENCE
S82°29’14’E A DISTANCE OF 310.85 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 230.00 FEET AND A CENTRAL ANGLE OF 08°31’20”, A DISTANCE OF 34.21
FEET (CHORD BEARS S86°44’54”E A DISTANCE OF 34.18 FEET); THENCE N88°59’26”E A DISTANCE OF
90.33 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 30,056 SQUARE FEET MORE OR
LESS.
Exhibit M