HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-countv.com
Subdivision Application Form
GENERAL INFORMATION
(To be completed by the applicant.)
»-Subdivision Name: Big R Commercial Park
»-Type of Subdivision (check one of the following types):
Sketch Plan Preliminary Plan Final Plat x
»-Name of Proj:1erty Owner (Aj:1j:1licant): Big R Enterprises, LLC
»-Address: P.o. Box 9 Telephone: 625-2410
»-City: Rifle State: CO Zip Code: 81650 FAX:625-2410
»-Name of Owner's Rej:1resentative, if any (Attorney, Planner, etc):
Stuver, LeMoine & Clifton, P.C.
»-Address:· 120 West Third Telephone: 625-1881
»-City: Rifle State: co Zip Code: 81650 FAX: 625-4448
»-Name of Engineer: Colorado River Engineering, Inc.
»-Address: 1'.Q. Box 13Q Telephone: 62H~233
»-City: Rifle State: CO Zip Code: 81650 FAX: 625-4564
»-Name of Surveyor: Survco, Inc./Sam Phelps
»-Address: 826 1/2 Grand Avenue Telephone: 945-5945
»-City:Glenwood Springs State: CO Zip Code:a1601 FAX: 945-5946
»-Name of Planner: N/A
»-Address: Telephone:
»-City: State: Zip Code: FAX:
I
GENERAL INFORMATION continued ...
~ Location of Property: Section _----'1'-1.1 __ Township --->6,--"S __ Range 93 w
~ Practical Location I Address of Property: 28485 Highway 6 & 24, Rifle, CO
~ Current Size of Property to be Subdivided (in acres): _--,3<L.2~36,,--______ _
~ Number of Tracts I Lots Created within the Proposed Subdivision: --"1"'0 ____ _
~ Property Current Land Use Designation:
1. Property's Current Zone District: __ C_o_mm_er_c_i_a_l_Ge_n_e_r_a_l _____ _
2. Comprehensive Plan Map Designation: _--"'Co""nun"""e"'r"'c"'iaChlL-______ _
Proposed Utility Service:
~ Proposed Water Source: ___ I_n_d_i_v_id_u_a_l_W_el_l_s ___________ _
~ (See "Attachment C" to be completed with the Preliminary Plan Application)
~ Proposed Method of Sewage Disposal: _---=.;IS::.:D:.::S'---___________ _
~ Proposed Public Access VIA: Big R Road onto Highway 6 & 24
~ Easements: Utility: __________________ _
Ditch: __________________ _
~ Total Development Area (fill in the appropriate boxes below):
~o<.o.uu, Prelim Plan - . ; Final Plat -$200; Plat Review Fee
2
and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at
the next SOCC meeting to be placed on the consent agenda with a request to
authorize the Chairman of the SOCC to sign the plat.
Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and
Recorder 's Office for a fee of $11 for the first sheet and $10 for each additional sheet
thereafter. This fee shall be paid by the applicant. This act of recording the signed Final
Plat represents the completion of the Garfield County Subdivision Process.
Please refer to the specific language in the Final Plat portion (Section 5:00) of the
Subdivision Regulations for specific timelines and additional responsibilities required of
the applicant to complete the Final Plat process .
Please Note: This information presented above is to be used as a
general guide for an applicant considering a subdivision in Garfield
County. It is highly recommended that an applicant either purchase
the Garfield County Zoning Resolution and Subdivision Regulations
or access them on-line at:
http://www.garfield-county.com/buildingandplanning/index.htm
in order to ascertain all the necessary requirements for each of the
three steps including Sketch Plan Review, Preliminary Plan Review,
and Final Plat Review.
Last Revised : 07 /25/2005
8
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted wit h application)
GA RFIE LD C O UNT Y (he re inafte r COUN T Y) a nd __ B_I_G_R_E_N_T_ER_P_R--,I:..:S-=E.=.S.:..., --'L:::L:..:C ________ _
(h e r e in a fter APPLI C ANT) agre e as fo ll o ws :
I. A PPLI CANT has s ubmitte d to COUN T Y an a ppli cati on for BIG R COMM ERCIA!. PARK
___________________ ,(h ere in a fter , T H E PROJEC T).
2. APPLI CA NT und e rs ta nd s and ag rees that G arfi e ld County Reso lution No . 9 8-09 , a s a me nded ,
es ta bl is hes a fee sc hed ul e fo r eac h ty pe o f s ub di vi s ion o r la nd use re vie w a pplicati o ns, a nd th e guide lin es for
th e a dmini s tra ti o n o f th e fee s tru cture .
3 . APPLI CAN T and COUNTY a gree th at be ca use o f th e s ize, nature or sco pe o f th e p ro posed
project, it is no t poss ibl e at thi s time to a sc ert a in the full ex tent o f th e costs inv o lv e d in process in g the
a ppli ca ti o n. APPLI CA NT ag rees to ma ke pay me nt of th e Base Fee, es ta bli she d for th e PR OJ ECT, a nd to
th e reaft e r permit additi o na l c os ts to be bill ed to APPLI CANT. APPLI CANT a grees to make a dditi o nal
pay me nt s up o n notifi ca ti on by th e COUNTY wh e n th ey are ne cessa ry a s c osts a re incurre d .
4. The Base Fee s ha ll be in additi o n to a nd exc lu s iv e o f a ny c os t for publi ca ti o n o r cost o f
co ns ultin g se rvi ce de te rmin e d necessa ry by th e Boa rd o f Co unty Co mmi ss io ne rs fo r th e co ns iderati o n o f a n
a ppli ca ti o n o r additi o na l COUNTY s ta ff tim e o r ex pe nse not cove re d b y th e Base Fee . Ifactu a l re c o rd ed c osts
e xceed th e initial Base Fee, APPLI CANT s ha ll pay a dditional billin gs t o COUNTY to re imburse th e COUN TY
for th e proce ss ing o f the PROJE CT mentioned a bove . APPLI CANT ackno wl e dges that a ll billin g shall be pa id
pri o r to th e fin a l co ns id e ra ti o n by th e CO UNTY o f a ny la nd use permit, zo nin g amendm e nt , o r s ubdivi s ion
pl a n .
APPLICANT
BI G
BY:
Signatu
Date: __ -'--'-~'-I-~-'------
Ro b e r t M. Regulski
Print Name
Mailing Address: PO Bo x 9
Rifle . CO 8 1 65 0
10 /2004
Pag e 4
$300.00 $1,200.00
Ponds, Sub-Total: $26,000.75
[)~_~N_A~l:lGRADING_______ __________ _______ ________________ .---fc-~-.--. __ ~.~~+~~~~--
drainage swaleslditches 257 LF $20.00 $5,140.00
c~lye~-::=-_-':::=-~':::~~~':::~-::======~==':::=====12"Stee;,i(;he<!ule26':::~=-':~==~16§ iE==-=-= $20c~ =~ $3,3600Q
culverts 16" Steel, schedule 80 LF $22.00 $1,760.00
culvert headwalls----------------: --__.lconcrete,8each------·-··---3 cu-:-ycC----$500.00'-$1 ,666.67
2U!I"tl'Tp.fu[~~~=: ~-----==~-=:==:~_ =_-= === :l"St"aiDr PV~~===-==--=-':::11~ i-F -·.:~:::ffi]o--$1}85.·06
ouJIe,tldrain_piQirlfL___________ _______ .......... 6" Steel or PVC______ ._1349 LF._ built __ ~"f_-.-"~a----
"hare "-x~~~gu_tilit~1'0lesJor_"'aterlineJr1s1all"tiol1 _____________ .. __________ .3. e,,-c~ ____ .11...0.00.0.0 . __ $3,00Q.00
NyloJOl_astdrain basins ______ ... __ . ____ .... ____ ,,_. _._ ____________ __ ~ ~"CI1..-__ $750,Q0 ~5()~0()
eEosiorl_~ol1.tr:~lsJraw bale check dams __ . __________ ... __ .. _._.3_1 e,,-ch ______ ._1~~:Q0f-_~~2~?,.0()
erosion control silt fence 1,545 LF $1.50 $2,317.50
DrainacelGradinc, Sub-Total: $22,854.17
I4RE PII',ELlNE &_I\LA_~I'<1 __ ._._ ___________ ___________ .____ ______ "_----.. ----~.= __ . __ _
lJ\,Iate,rPipe, i_nQltJcliniJ val\l,,"-.?I1~.~\tings and.thrLJstpI02k~. ___ 1O:.'.~_00X'{c:. ______________ 12~ LI' ____ $42,~g _..15,25~00
-S,e_H1"!r""~inclu<fi~9_"~e~sori,,s ___________ .____ __ _ ___ .... ______________ 1 ass.lC __ $3,~OO.00 __ ~~500Jl()
Alarm 6 existing buildings 6 bldg $5,500.00 $33,000.00
Fire DiDeline, Sub-Total: $41,750.00
UTILITIES
~urie(j~elect~cjjiis:iall:Oneal'1dtra;;sformersl-=~-:-·-instalfinconduHin-pTace----1,059 LF-·---$15.00 -$30,000.00
t~h®"-lcurrel1fu..installedL .. -... --.... - -..... -.--:.::::-:...-..=:'::: --.:::':-=~ -==-=~=-~ t~-~:~===:-':= :::.:::.:::=~-~~
l!a.s."'-ur:rently.il],staliedL ______ -----_._----____ _
removal and disposal of utilitv Doles and wire Lot 9 ------f [S" --$3']00.00 -$3;000:00
Utilities, Sub-Total: $33,000.00
ROAD
~giEig"t'ij)asecoursep:;aceriie;,i;;ndcomRaciion:4" ---Class6----------j,267to-ns----$21:00 -$25,347.77
asphalt 4" mat -------._-._--.------------------------f:231 to·n8-···-----·-$75."60 -$90,521":76
Roads, Sub-Total:1 $115,875.53
This opinion of probable construction cost wa f~lanning purposes only. Colorado River Engineering, Inc. cannot be held
resDonsible for variances from this estim .&':. ... 1!lI ~ av vary due to refinement of proiect scope, bid and market fiuctuations.
~~a'~':'c;P';;'~E'~,7~~~
• 00 \
I [~: ,() 30 ll'
-u \ 579,.1 "'b \, .::; ,/ ";<».('-(; -rY ,/ ,:;-
\~l' "" ~" -~~ &/o'NiiL'E~(;\"
916/2006 M:\CREjobfiles\600-BigR\costestBigR.xls Page 1
PONDS ,
~and re,,"'!'l'action of on-site material .-----=J_~==~=-=-===--=== -8,011 sq. yd. $0.75 $6,008.25
excavation and_ on-site waste of excavated mate~"'-_____ j .. _____ . . 2,895 cu. yd. [--_. $2.50 $7,23~
,:"ca""tion, placenlent andcompaction()f=)(C:v:t=~ material _____ . __ ... ____ 458 cu. yd. $7.50 $3,435.00
riprap, importation and placement 0 50 = 6" 131 cu. yd. $50.00r~50.00
Irner-----·------------. 30-mil PVC-------·936 sq. ft $1.25 $1170.00 _______ . __________ .. _. __ . _______ . ________ . ____ ~ ___ c~=, __ ._._ '
!veri pipe and concrete -.2 .
F:\!g.Eipe penetration collar. . .. -.----.-----l---o.----.--.--.. --.-t ___ ._ 8Ieac~_r--:-$5QJlQ ___ $400,0.0.
outlet structure Icu. yd. conc. per ea. 4 each $300.00 $1,200.00
Ponds, Sub-Total:1 1 1 $26,000.75
d..r:~ir'~.9.e swal"s/dit"h.~s_. ___________ .. _______ ._L_______ _.~7LF __ .. $20.00 $5,140.00
DRAINAG~.~R~I)ING ____ .... ____ . ______ .. _____ 1._. _________ .__ -t--·A ,---__ f----c~
~~:~~--------------------------i~:: ~::~I:¥C~~~~::~--__1~ 't~--.~;~:gg --~;:;~~:~~ =c------------·-····--------------~c------.--.-----.-.-.-~ ---,-----f-----
culvert headv;all~ __________________ . __ .. __ ... __ ~~ncr~te, 8 each_. ______ L_. ____ 3 ~y'd, __ ...!5QQ"gg _ $1,666:.6.7
outlet piI'in.9.. ____ . __________ .. _ .. ________ . __ 3" S~~", PV~ ______ _I_---l.~~ LE... .. _ .... ___ $15 cO() _ $1, 785cOQ
outleV~rain piping ___ . ___ .. _______ .. _______ 6"~-"'-"!!'.Y<:: ____ . __ _t---Jl4.9 .L£. __ built ____ ~~~ __
s.bore existi~9_'!!iIi!YJ2.o1e0or wat~rlin_e..i~stallation __ .. _ ... _____________________ -" ___ ~ ~il<:h__ $1 ,00~~.g __ $3,000.00
N}'IQflLast draillbasin.s __ ... __ .. _________ ... _ .. ____ _ _____ ._ .. _______ . ___ --J. ea.,,~ f-_$750.001--~.1,500,~
ero~ion contr()L'!lr.~"'baLecll"-CI<_d"_m.s __________________ ._._. _____________ .. _. ___ ~:g eac.h _______ ~_~~I--$2,32~QO
erosion control siltfence I 1,545,LF $1.50 $2,317.50
Drainage/Grading, Sub-Total:1 $22,854.17
FIRE PIPELINE & ALARM
Water I'iPe,iiiCfUcjj/l9V81Vesa;;afiffiii~jinii:ilirustblocks _= 10" C90Q_'='-"-C_~'::-==~ _ =_=~ Ll'-_-:'::: ::--142:00 : $s:2@O
Fire Hydrants including accessories 1 assy. $3,500.00 $3,500:00 Aiar;;;sexiStinQ buildings .--.--.-.--.------.-.. -.. -----------f---·--ilbld9---'$5;50o.00f--$3:l;-ootoO
Fire pipeline, SUb-Total:1 $41,750.00
~~1~ie:c<>urs:ejJT,,~,,~e6i..-na.cQ:riia~en=4:--:: ~:-~siE-.:::===.::::~=-i=j~ ~=-_=~~~ =~~
Roads, Sub-Total:! 1 1 $115,875.53
This opinion of probable construction cost w~ ~r planning purposes only. Colorado River Engineering. Inc. cannot be held
responsible for variances from this estimo~;"'IlllRlo~ay vary due to refinement of project scope, bid and market fiuctuations.
9/6/2006 M:\CREjobfiles\600-BigR\costestBigR.xls Page 1
Estimate of Timing on Subdivision Improvements
Category of Construction
General
Drainage/Grading
Fire Pipeline & Alarm
Storage Tank
Utilities
EXHIBITB
Timing
One year from recording of
final plat
Will be finalized as
agricultural uses cease.
Will be finalized as
agricultural uses cease.
One year from recording of
final plat
One year from recording of
final plat
One year from recording of
final plat
Already installed -will be
paved as traffic counts for the
permitted access serving the
road meet the standards for a
minor collector road (i.e.
exceed 400 average daily
trips.)
Report Date: 04/30/2007 03:26PM GARFIELD COUNTY TREASURER
CERTIFICATE OF TAXES DUE
Page: 1
CERT #: 2007002133
SCHEDULE NO : R005064
ASSESSED TO:
BIG R ENTERPRISES, LLC
PO BOX 9
RIFLE, CO 81650
LEGAL DESCRIPTION:
VENDOR NO:
STUVER, LEMOINE & CLIFTON
PO BOX 907
RIFLE CO 81650
SECT,TWN,RNG:11-6-93 DESC: A TR IN THE NWSE AKA PARCEL A. A TR IN THE E1 /2 OF THE SWNE OF
SEC . 11 AKA PARCEL B. ALSO, A TR IN THE NWSE LY ING NLY OF NL Y ROW OF HWY 6 & 24 . ALSO,
THE E 270'OF THE SENE OF SEC 11 CONT 8 AC . PRE :R210912 PRE :R210956 ANDITHRU :A TO :R210957
BK :0974 PG :0797 BK:0974 PG :0795 BK:0946 PG :0324 BK:0946 PG :03 19 BK:0927 PG:0724 BK:0927 PG :07 18
BK:0878 PG :0964 BK:1678 PG:135 RECPT:672098 BK:1650 PG:140 RECPT :665773 BK:1650 PG:139 RECPT:665772
BK:1650 PG :1 10 RECPT:665764 BK :1594 PG :593 RECPT :653596 BK:1 152 PG :55 RECPT:552673
PARCEL: 2177-111-00-475 SITUS ADD : 028485 HIGHWAY 6 & 24 RIFLE
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID
2006 TAX 16 ,348 .40 159.48 0 .00 8,333 .68
TOTAL TAXES
GRAND TOTAL DUE AS OF 04/30/2007
ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 021 -2HC-RF
Authority Mill Levy Amount Values
GARFIELD COUNTY 5.425 1,940.94 COMMERCIAL
RIFLE & RURAL FIRE 6 .284 2,248 .29 AGRICULTURAL
COLO RIVER WATER CONS 0 .221· 79 .07
SILT WATER CONS 0 .904 323.43 TOTAL
GRAND RI V ER HOSPITAL 4 .924· 1,761 .71
SCHOOL DISTRICT RE-2 7 .872 2,816.44
COLORADO MTN COLLEGE 3 .997 1,430 .05
GARFIELD ROAD & BRIDGE 3.700 1,323.79
GARFIELD HUMAN SERVICES 0.930 332 .74
GARFIELD CAP EXPEND 3 .600 1,288.01
SCHOOL DISTRICT RE-2 BOND 7 .060 2,525 .93
RIFLE & RURAL FIRE BOND 0 .104 37.21
GRAND RIVER HOSPITAL BOND 0.673 240.79
---------------------------------
TAXES FOR 2006 45 .694· 16,348.40
• Credit Le vy
FEE FOR THIS CERTIFICATE 10.00
Actual
1,228,210
5,530
1,233,740
TOTAL DUE
8,174 .20
8,174.20
8,174,20
Assessed
356,180
1,600
357,780
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDOR SEMEN T OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES . CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTAC TED PRIOR TO REMITIANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -SEPTEMBER 1,2007,
REAL PROPERTY -OCTOBER 1, 2007T AX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK .
SPEC IAL TAX ING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMM ISS IONER S, THE COUNTY CLERK , OR THE CO UNTY ASSESSOR.
Thi s certificate does not in clude land or improvements assessed under a separate account number, personal property taxes,
transfer tax or misc. ta x collected on behalf of other entities, special or local improvement district assessments or
mobile homes . unless specifically mentioned .
I, the undersigned , do hereby certify that the entire amount of taxes due upon the abo ve described parcels of real property and all
outsta nding sales for unpaid taxes as shown by the re cords in my office from which the same may still be rede emed with the amount
required for redemplion are as noled herein. In wilness whereof, I have hereunlo sel my h:,and sea llhis 30lh day of April, 2007 .
TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY _--ll~-"f./IA..-=-"CO~Q<C-____________ _
P. O. Box 1069
Glenwood Springs, CO 81602-1069
(970) 945-6382
Report Date: 04/30/2007 03:26PM GARFIELD COUNTY TREASURER
CERTIFICATE OF TAXES DUE
Page: 1
CERT #: 2007002133
SCHEDULE NO: R005064
ASSESSED TO:
BIG R ENTERPRISES, LLC
PO BOX 9
RIFLE, CO 81650
LEGAL DESCRIPTION:
VENDOR NO:
STUVER, LEMOINE & CLIFTON
PO BOX 907
RIFLE CO 81650
SECT,TWN,RNG:11-6-93 DESC: A TR IN THE NWSE AKA PARCEL A. A TR IN THE E1/2 OF THE SWNE OF
SEC. 11 AKA PARCEL B. ALSO, A TR IN THE NWSE LYING NLY OF NLY ROW OF HWY 6 & 24. ALSO,
THE E 270'OF THE SENE OF SEC 11 CONT 8 AC. PRE:R210912 PRE:R21 0956 ANDITHRU:A TO:R210957
BK:0974 PG:0797 BK:0974 PG:0795.BK:0946 PG:0324 BK:0946 PG:0319 BK:0927 PG:0724 BK:0927 PG:0718
BK:0878 PG:0964 BK:1678 PG:135 RECPT:672098 BK:1650 PG:140 RECPT:665773 BK:1650 PG:139 RECPT:665772
BK:1650 PG:110 RECPT:665764 BK:1594 PG:593 RECPT:653596 BK:1152 PG:55 RECPT:552673
PARCEL: 2177-111-00-475 SITUS ADD: 028485 HIGHWAY 6 & 24 RIFLE
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
8,174.20
8,174.20
2006 TAX 16,348.40 159.48 0.00 8,333.68
TOTAL TAXES
GRAND TOTAL DUE AS OF 04/30/2007
ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 021 -2HC-RF
Authority Mill Levy Amount
GARFIELD COUNTY 5.425 1,940.94
RIFLE & RURAL FIRE 6.284 2,248.29
COLO RIVER WATER CONS 0.221' 79.07
SILT WATER CONS 0.904 323.43
GRAND RIVER HOSPITAL 4.924' 1,761.71
SCHOOL DISTRICT RE-2 7.872 2,816.44
COLORADO MTN COLLEGE 3.997 1,430.05
GARFIELD ROAD & BRIDGE 3.700 1,323.79
GARFIELD HUMAN SERVICES 0.930 332.74
GARFIELD CAP EXPEND 3.600 1,288.01
SCHOOL DISTRICT RE-2 BOND 7.060 2,525.93
RIFLE & RURAL FIRE BOND 0.104 37.21
GRAND RIVER HOSPITAL BOND 0.673 240.79
TAXES FOR 2006
, Credit Levy
45.694' 16,348.40
Values
COMMERCIAL
AGRICULTURAL
TOTAL
FEE FOR THIS CERTIFICATE 10.00
Actual
1,228,210
5,530
1,233,740
8,174.20
Assessed
356,180
1,600
357,780
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -SEPTEMBER 1, 2007,
REAL PROPERTY -OCTOBER 1, 2007TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate account number, personal property taxes,
transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or
mobile homes, unless specifically mentioned.
I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all
outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount
required for redemption are as noted herein. In witness whereof, I have hereunto set my h,ar/and ,sea~ this 30th day of April, 2007.
TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY _--IL-"iA!::.liit.::.-=:W'+"'--___________ _
P. O. Box 1069
Glenwood Springs, CO 81602-1069
(970) 945-6382 ~ ,;:::(.:.""~,
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BIG R COMMERCIAL PARK SUBDIVISION IMPROVEMENTS AGREEMENT
THIS BIG R COMMERCIAL PARK SUBDIVISION IMPROVEMENTS AGREEMENT
(" Agreement") is made and entered into this day of 2007, by and between BIG
R ENTERPRISES, LLC ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO ("the County").
WITNESSETH:
WHEREAS, Owner is thedeveldPer/~f,a, pardel of real property known as Big R
Commercial Park which property is depicted on the Final Plat of Big R Commercial Park ("Final
Plat").
WHEREAS, on April 2, 2007 the Board approved a Preliminary Plan for Big R Commercial
Park (Resolution No. 2007·32) which, among other things, would create ten commercial lots.
WHEREAS, as a condition of approval of the Final Plat for Big R Commercial Park
Subdivision submitted to the County for its approval as required by the laws of the State of
Colorado, Owner wishes to enter into this Subdivision Improvements Agreement with the County;
and
WHEREAS, Owner has agreed to execute and deliver a letter of credit to the County to
secure and guarantee its performance under this Agreement and has agreed to certain restrictions and
conditions regarding the sale of properties, all as more fully set forth below in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
I. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat for
Big R Commercial Park, subject to the terms and conditions ofthis Agreement, the Preliminary Plan
Approval (Resolution No. 2007·32), and the requirements of the Garfield County Zoning and
Subdivision Regulations.
2. OWNER'S PERFORMANCE. Owner has constructed and installed, or shall cause to
be constructed and installed, at its own expense, those subdivision improvements ("Improvements")
related to the Final Plat for Big R Commercial Park which are required to be constructed under the
Preliminary Plan Approval, this Agreement, the Final Plat for Big R Commercial Park, and all
Garfield County Zoning and Subdivision Regulations. Owner shall comply with the following:
a. All Plat documents submitted prior to or at the time of Final Plat approval, as well as all
terms and conditions set forth on the Final Plat for Big R Commercial Park, all of which are
incorporated herein by this reference;
b. All requirements of the Preliminary Plat Approval and all Garfield County Zoning and
Subdivision Regulations applicable to this project;
c. All laws, regulations, orders and resolutions of the State of Colorado, the County of
Garfield, and any and all special districts within which the Big R Commercial Park may be
located;
d. All designs, specifications, drawings, maps, sketches, and other materials submitted by
Owner and its engineers in furtherance of the application for the approval of Big R
Commercial Park, as heretofore approved by the County, including all improvements shown
on the Big R Commercial ParkCons!r~ctiQn Plans.PIepared by Colorado River Engineering,
Inc. on , andsubmitted,tbGarfieldCounty on or about ______ _
Said improvements to include Big R Road, a fire protection system, drainage structures, and
electric, telephone, and gas lines as shown on Exhibit A, Engineer's Estimate attached.
e. Payment of all fees required by the County and/or such other government authority or
special district with jurisdiction, as may be required for installation of the Improvements
f. All such Improvements shall be completed in the timeframe as set forth on Exhibit B.
The County agrees that, if all required improvements are installed in accordance with this
Agreement, the Final Plat documents, the as-built drawings to be submitted upon completion of the
Improvements and the requirements of the Garfield County Zoning Code, all other requirements of
this Agreement, and the requirements of the Preliminary Plan Approval, then the Owner shall be
deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of
Garfield County, Colorado with respect to the installation ofImprovements.
3. SECURITY FOR IMPROVEMENTS
a. Letter of Credit. On or before the date of the recording of the Final Plat of Big R
Commercial Park with the Garfield County Clerk and Recorder, Owner shall deliver a Letter of
Credit in a form acceptable to the County ("Letter of Credit"). The estimated cost of completing the
Big R Commercial Park Subdivision Improvements, as set forth and certified by a licensed engineer
on Exhibit A attached hereto is $409,906.56 (such estimate includes typical construction costs,
construction inspection, engineering fees and a 10% contingency fund). Colorado River Engineering
has certified those improvements, identified as currently installed on Exhibit A, to be complete. A
Letter of Credit will be issued in the amount of $4409,906.56 to guarantee completion of the
remaining improvements.
The Letter of Credit required by this Agreement shall be issued by a state or national banking
institution acceptable to the County. If the institution issuing the Letter of Credit is not licensed in
the State of Colorado and transacting business within the State of Colorado, the Letter of Credit shall
be "confirmed" within the meaning of the Uniform Commercial Code-Letters of Credit § § 4-5-1 01,
et seq., C.R.S., by a bank that is licensed to do business in the State of Colorado, doing business in
the State of Colorado, and acceptable to the County. The Letter of Credit must be valid for a
minimum of six (6) months beyond the completion date for the improvements set forth herein. If the
time for completion of improvements is extended by a written amendment to this Agreement, the
time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should
the Letter of Credit become void or unenforceable for any reason, including bankruptcy of the Owner
or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the
improvements, this Agreement shall become void and of no force and effect, and the Final Plat shall
be vacated pursuant to the term of this Agreement.
b. Partial Releases of Letter of Credit. The County shall release portions of the Letter of
Credit as portions of the improvements required hereunder are completed to the satisfaction of the
County. Certification of completion of improvements adequate for release of security must be
submitted by a licensed or registered engilleer.Such certific!!tion authorizing release of security shall
certify that the improvements have been'c9nstrd~led~iri actordance with the requirements of this
Agreement, including all Final Plat plans. Owner may also request release for a portion of the
security upon proof (i) that Owner has a valid contract with a public utility company regulated by
the Colorado PUC that obligated such utility company to install certain utility lines and (ii) that
Owner has paid to such utility company the cost of installation of such utilities required to be paid
by Owner under such contract.
Upon submission ofa certification of completion of improvements by the Owner, the County
may inspect and review the improvements certified as complete, to determine whether or not said
improvements have been constructed in compliance with the relevant specifications. If the County
determines that all or a portion of the improvements certified as complete are not in compliance with
the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner
within fifteen (15) days specifYing which improvements are potentially deficient. If no letter of
potential deficiency is furnished within the said fifteen (15) day period, all improvements certified
as complete shall be deemed accepted and the County shall release the appropriate amount of
security as it relates to the improvements that were certified as complete. If a letter of potential
deficiencies is issued which identifies a portion ofthe certified improvement as potentially deficient,
then all improvements not so identified in the letter of potential deficiencies shall be deemed
accepted and the County shall release the appropriate amount of security as such relates to the
certified improvements that are not identified as potentially deficient in the letter.
With respect to any improvements certified as complete by the Owner that are identified as
potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County
shall have thirty (30) days from the date of the letter of potential deficiencies to complete its
investigation and provide written confirmation of deficiency to Owner. If the County finds that the
improvements are acceptable, then appropriate security shall be released to the Owner within ten (1 0)
days after completion of such investigation. In the event the improvements are not accepted by the
County, the Board of Commissioners shall make a written finding prior to requesting payment from
the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time
to cure any deficiency prior to requesting payment from the Letter of Credit.
Upon completion of all improvements, Owner shall submit to the Board of County
Commissioners of Garfield County as-built drawings bearing the stamp of Owner's professional
engineer certifYing that all improvements have been constructed in accordance with the requirements
of this Agreement, including all Final Plat plans.
c. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute
collateral other than a Letter of Credit acceptable to the County for the purpose of securing the
completion of the improvements as hereinabove provided.
d. Recording of Final Plat. The Final Plat for Big R Commercial shall not be recorded pursuant to
this Agreement until the Letter of Credit described in this Agreement has been received and
approved by the County.
4. FIRE PROTECTION SYSTEM',Owner$ha/i in~talltQe fire protection system in accordance
with plans and specifications submitt~dby:Colqra9P RivetEngineering. All easements and rights
of way necessary for installation, operation, service and maintenance of such fire protection system
shall be established as shown on the final plat for Big R Commercial Park. Operation of the fire
protection system shall be as set forth in the Declaration of Covenants, Conditions and Restrictions
for Big R Commercial Park.
5. ROAD AND EMERGENCY ACCESS. The road identified as Big R Road within Big R
Commercial Park shall be dedicated to the public as public right-of-way. The County consents to the
Owner's reservation of a utility easement within the area of the public rightof-way as shown on the
Final Plat. Owner shall construct Big R Road as set forth on Exhibit B and shall be responsible for
paving Big R Road when the traffic counts for the permitted access serving the road meet the
standards for a minor collector road (i.e. exceed 400 average daily trips.) The traffic counts shall be
conducted as set forth in section 6 below. The Big R Lot Owner's Association shall be solely
responsible for the maintenance, repair and upkeep of said road. The County shall not be obligated
to maintain the road within the subdivision. In addition to the dedicated access road, all easements
for access, utilities, an emergency purposes shall be accessible to the County and the Rifle Fire
Protection District at all times.
6. CDOT PERMITS. CDOT Permit Nos. 399019 and 399020 shall be assigned by the Owner to
the Big R Lot Owner's Association. The Association shall be responsible for monitoring compliance
with the terms of the permits and obtaining new or amended permits if and when necessary as set
forth below. Prior to the submission of an application for a new building permit on any of the Lots,
the Association shall obtain a trip generation estimate from a registered professional engineer using
methods approved by Institute of Transportation Engineers for the new building and its proposed use.
A trip generation estimate and the most recent up-to-date count of the actual average daily trip
analysis shall be supplied to Garfield County with any building permit application. [fthe addition
of the trip generation estimate to the actual average daily trips exceeds 20% ofthe permitted average
daily trips for the related access under the then-existing permit, the Association shall obtain a traffic
study from a registered professional engineer and new permit(s) from CDOT as necessary.
7. CITY OF RIFLE WATERSHED PERMIT. Owner has obtained City of Rifle Watershed
Permit No. 05-01 which shall be assigned by Owner to the Big R Lot Owner's Association. Such
permit is an umbrella permit for general commercial operations at the Subdivision. Individual uses
on the Subdivision lots will require a letter of compliance from the City of Rifle or a separate
watershed permit depending on use.
8. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County
harmless and defend the County from all claims which may arise as a result of the Owner's
installation of the improvements required pursuant to this Agreement. However, the Owner does not
indemnify the County for claims made asserting that the standards imposed by the County are
improper or the cause of the injury asserted. The County shall be required to notify the Owner of
receipt of a notice of claim, or a notice of intent to sue, and shall afford the Owner the option of
defending any such claim or action. Failure to notify and provide such written option to the Owner
shall extinguish the County's rights under this paragraph. Nothing herein shall be interpreted to
require the Owner to indemnify the County from claims which may arise from the negligent acts or
omissions of the County or its employees,. ..
9. SALE OF LOTS. No lots within Big RCommercial Park may be separately conveyed prior to
recording of a Final Plat for Big R Commercial Park in the records for the Garfield County Clerk &
Recorder.
10. ENFORCEMENT. In addition to any rights which may be proved by Colorado statute, it is
mutually agreed that the County or any purchaser of any lot shall have the authority to bring an
action in the Garfield County District Court to compel enforcement of this Agreement.
11. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this
Agreement, including the terms of the Preliminary Plan, the County shall have the ability to vacate
the Final Plat for Big R Commercial Park as it pertains to any lots which have not been separately
conveyed. As to any such lots which have been separately conveyed, the plat shall not be vacated and
shall remain valid. In such event, the Owner shall provide a survey and complete legal description
with a map showing the location of any portion of the plat so vacated.
12. RECORDING OF AGREEMENT. This Agreement shall be recorded and shall be a covenant
running with title to all lots within Big R Commercial Park, and shall constitute notice to prospective
purchasers or other interested parties as to the terms and provisions hereof.
13. BINDING EFFECT. This Agreement shall be a covenant running with the title to each lot
within the Final Plat for Big R Commercial Park, and the rights and obligations as contained herein
shall be binding upon and inure to the benefit of Owner, its successors and assigns.
14. NOTICES. All notices required or permitted by this Agreement shall be in writing and shall be
deemed effective when received by the recipient party via personal delivery, facsimile transmission,
United States certified mail, postage prepaid, return receipt requested, by messenger or by overnight
delivery service, in all cases addressed to the person for who it is intended at their address and
facsimile numbers( s) set forth below or to such other address as a party shall have designated by
notice in writing to the other party in the manner provided by this paragraph:
If to Owner:
Big R Enterprises LLC
P.O. Box 9
Rifle, CO 81650
wlcopy to.
Barbara 1. Clifton, Esq.
Stuver, LeMoine & Clifton, P.C.
P.O. Box 907
120 West Third Street
Rifle, CO 81650
If to the County:
Board of County Commissioners
clo Garfield County Planning Director
108 Eighth Street, Room 40 I
Glenwood Springs, CO 8160 I
IS. AMENDMENT. This agreement may be amended or modified from time to time, but only in
writing signed by the parties hereto.
16. VENUE AND JURISDICTION. Venue andjurisdiction for any cause arising out of, or related
to, this Agreement shall lie with the District Court for Garfield County, Colorado, and this
Agreement shall be construed according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date
first set forth above.
ATTEST:
Mildred Alsdorf
Clerk & Recorder
Garfield County, Colorado
BIG R ENTERPRISES, LLC
By:
----~--~~---------------
Robert M. Regulski, Manger
By:
~~~~~~----------
Peter Van Domelen, Manager
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF GARFIELD,
STATE OF COLORADO
By: _____________ _
John Martin, Chairman
STATE OF COLORADO }
} ss.
COUNTY OF GARFIELD }
Subscribed and sworn before me by Robert M. Regulski and Peter Van Domelen as
Managers of Big R Enterprises, LLC, this day of , 2007
WITNESS my hand and official seal. .
My commission expires:
Notary Public
STATE OF COLORADO }
} ss.
COUNTY OF GARFIELD }
Subscribed and sworn before me by John Martin as Chairman of the Board of County
Commissioners for the County of Garfield, State of Colorado and Mildred Alsdorf, Clerk and
Recorder of Garfield County, State of Colorado, this day of , 2007.
WITNESS my hand and official seal.
My commission expires:
Notary Public
DECLARA TION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
BIG R COMMERCIAL PARK
IN GARFIELD COUNTY, COLORADO
INTRODUCTION
Declarant, as identified herein, is developing a commercial park subdivision known as Big
R Commercial Park Subdivision ("Subdivision"). The real property that constitutes the land area
of the Subdivision is described on Exhibit A attached hereto and incorporated herein by thi~~,
reference. It is Declarant's desire andint~nt to h<1~eby sujJjecqheLotswithin the Subdivision to '
certain covenants, conditions, res}riction~xand rese~vatio~~ for the penefit of the Subdivision in
furtherance of its purposes,' ThecoveAants, conditiorts, reslIictions arid reservations set forth herein
("Declaration") shall bindimd benefit:theDeclirrant,jtssu~cessors arid assigns, and all persons or
entities who become a grantee of one or more Lots within the Subdivision. EveIY Lot within Big
R Commercial Park Subdivision shall henceforth be owned, held, conveyed, encumbered, leased,
improved, used, occupied, and enjoyed subject to the following covenants, conditions, restrictions
and reservations, and the same shall constitute a general plan for the Subdivision, ownership,
improvements, sale, use and occupancy of the Lots therein, to enhance and protect the value,
desirability, and attractiveness of the Subdivision.
ARTICLE I
STATEMENT OF PURPOSE
1.0 I General. The purpose of this Declaration is to ensure proper use and appropriate
development and improvement of the real property that constitutes the Subdivision, so as to provide
harmonious commercial development and promote the general welfare of the Lot Owners, tenants,
invitees, and guests thereof, and protect the present and future value of such property.
ARTICLE II
DEFINITIONS
2.0 I "Association" means and refers to the Big R Lot Owners Association, Inc., a
Colorado nonprofit corporation.
2.02 "Association Documents" means this Declaration, the Article ofIncorporation for the
Association, the Association Bylaws, all Association rules and regulations, all documents
incorporated by reference into the foregoing, all procedures, rules, regulations, resolutions or policies
adopted by the Association in accordance with the aforementioned documents, and all documents
of record with the Clerk & Recorder of Garfield County, Colorado that affect the Subdivision as a
whole.
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 2
2.03 "Board of Directors" shall mean the Board of Directors of the Association, as
provided for in the Association Documents.
2.04 "Improvement" shall mean and refer to and include any and all structures and all
appurtenances thereto of every kind and type, and all other physical changes upon, over, across,
above or under a Lot or upon existing improvements located in or on a Lot, or the landscaping and
facilities within right-of-way adjacent to a Lot. This definition shall include, but shall not be limited
to, the following facilities and activities, whether of a permanent or temporary nature: buildings,
outbuildings, parking structures and garages, parking lots and other parking areas, streets, roads,
traffic control devices and signs., driveways, bikewilYs, ac<:~s.s rQads,.lofldipg areas, signs, canopies,
awnings, trellises, fences, '~wns, l<\wp!lnd gardenJandscapipg, plazas,patios, recreational facilities,
walkways, pedestrian mans; side~fllks,sQF'lters, ~1!.Cl1riJY and safety devices and bridges, construction
trailers and other temporary copstructionbuildihgs, s9ree~ng walls,fF'taining walls, stairs, docks,
windbreaks, exterior air conditioning, lighting fixtures, drainage structures, communications
equipment including but not limited to microwave dishes and relay equipment, coaxial and fiber
optic cables, satellite transmitting and/or receiving ground stations, poles, pumps, wells, tanks,
reservoirs, pipes, lines, meters, towers, and other facilities used in connection with water, sewer, gas,
electric, telephone, regular or cable televisions, or other utilities, changes to any improvement
provided that with respect to such facility constructed (in behalf of or for a utility, such facilities is
included in this definition only to the extent it is above ground. "Improvement" as defined herein
shall not include improvements, alterations or remodeling which are completely within the interior
of a structure and which do not affect or change the exterior appearance of an improvement, are not
visible from the outside and do not alter the permitted use of Lot as defined in Article III.
2.05 "Lot" shall mean and refer to each of the lots within the Big R Commercial Park as
shown on the final plat thereof recorded with the Clerk and Recorder for Garfield County, Colorado,
as said final plat may be amended from time to time.
2.06 "Maintenance" shall mean and refer to any activity or function that is necessary on
an ongoing basis or intermittently for the purposes of: (a) maintaining and/or operating any vacant,
unimproved land; and/or (b) maintaining and/or operating improvements before, during and after
construction or installation of such improvements; and/or ( c) for the purpose of enabling or
facilitating the permitted use of any Lot.
2.07 "Owner" or "Lot Owner" shall mean and refer to the record owner, whether one or
more persons or entities, including Declarant, of a fee simple title interest in and to any Lot within
the Subdivision. "Owner" or "Lot Owner" shall not mean or refer to any person or entity who holds
an interest in a Lot merely as security for the performance of a debt or other obligation; or pursuant
to an easement, right-of-way, or license that pertains to or affects a Lot or Lots, or appurtenant to,
a Lot or Lots.
2.08 "Subdivision" shall mean and refer to the Big R Commercial Park as described by
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 3
land area on Exhibit A attached hereto and as shown on the final subdivision plat thereof recorded
with the Garfield County Clerk and Recorder, as it may be properly amended from time to time.
ARTICLE III
PERMITTED USES
3.01 Permitted Uses. Subject to the covenants, conditions, restrictions and reservations
set forth in this Declaration, all Lots shall be used solely for such nonresidential uses as are allowed
within the Commercial General zoning district, of Garfield County, Colorado, under the conditions
set forth herein. This Declwation may bt;.amendeq,to proyir,le fQr~e~idential use on specific Lot(8)
with approval of the BoWd ofCountY(Jommissioners iQf Garfield County and pursuant to a
resubdivision process including Prelitnin~ry andflnaLplattipg with approval of a water supply plan,
payment of school impact fees, revit;w oftraffjc imp!!cts @d all other review required by the land
use code of Garfield County then in effect.· ....
3.02 Pre-existing Agricultural Uses. It is anticipated that the Big R Commercial Park
Subdivision will be developed over time and that pre-existing agricultural uses of the property will
be allowed to continue in a manner consistent with that development. As a result, pre-existing
agricultural uses on portions of the Property shall not be subject to the restrictions of this
Declaration.
ARTICLE IV
ASSOCIA nON MEMBERSHIP AND VOTING RIGHTS
4.0 I Purpose. The purpose of the Association is to administer and enforce the covenants,
conditions and restrictions set forth in this Declaration, and otherwise administer and enforce the
provisions of all Association Documents, and to cany out the purposes herein stated and the
functions necessary for the proper use and maintenance of all Lots within the Subdivision.
4.02 Membership in Association. All Lot Owners in the subdivision shall be members of
the Association and consent to all terms and conditions set forth in this Declaration and all
Association Documents. Membership shall be appurtenant to and may not be separated from
ownership of any Lot. The vote for such Lot shall be exercised by one person or alternate persons
(who may be a tenant of the Owner) appointed by proxy in accordance with the Bylaws.
4.03 Transfer of Membership. An Owner shall not transfer, pledge, encumber or alienate
his membership in the Association in any way, except upon the sale or encumbrance of his Lot and
then only to the purchaser of his Lot.
4.04 Board of Directors. The affairs of the Association shall be governed by a Board of
Directors, consisting of not fewer than three (3) persons in accordance with the Bylaws, except that
there need be only as many Directors as there are Owners of Lots. The Directors may be nonresidents
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 4
of Colorado, but all Directors must be Owners of Lots, which in the case of corporate or partnership
owners, shall include the general partners, officers and directors of each such corporate or
partnership Owner, provided that so long as Declarant is the Owner of six (6) or more Lots, any
person may serve as a Director and the exclusive right to vote for the election of the Board of
Directors shall be vested solely in Declarant. Once the Declarant no longer has exclusive right to
vote for the election of the Board of Directors, the Directors shall be elected at the annual meeting.
4.05 Voting Rights. Appurtenant to ownership of Lots 3 through lOis one (1) vote each,
Lot 2 is two (2) votes, and Lot 1 is four (4) votes. Such votes are for the purpose of all Association
matters regardless of whether o~eor ll).ore persons or entities O\\'lJ ~Jlch Lot. Votes may not be voted
in fractions. When more than oneperspn h91ds anipterest jnthe samlhot, all such Owners shall be
members and the vote for .tlach Lbt s~allbe cast~sJhe O\\'(rers there()J agree, but in no event shall
more votes be case for each such Lol.l:hari as set' forthin thepeclaratign. If the Owners of a Lot do
not agree as to the manner in which their vote(s) should be cast when called upon to vote, then they
shall be treated as having abstained.
4.06 Compliance with Association Documents. Each Owner shall abide by and benefit
from each provision, covenant, condition, restriction and easement contained in this Declaration, and
all Association Documents. The obligations, burdens and benefits of membership in the Association
concern the land and shall be covenants running with each Owner's Lot for the benefit of all other
Lots.
4.07 Association Expenses. Expenses ofthe Association include, but are not limited to,
expenses associated with the Association's responsibilities for road and access easement
maintenance, permit compliance, roadside landscaping, operation and maintenance of the fire
protection system and the water supply therefor, well water augmentation from West Divide Water
Conservancy District, oversight maintenance of the individual sewage disposal systems, and
operation and maintenance of the drainage path along and culverts under Highway 6 & 24 to the
extent not maintained by the Colorado Department of Transportation. Unless allocated separately
under the Association Documents or specifically attributable to one or more Lots, the expenses of
the Association shall be allocated as follows: Lot I -28.60%, Lot 2 -14.28%, and Lots 3 through
10 -7.14% each. Each Lot Owner shall pay its share of all such expenses in accordance with the
Association Documents. Failure to timely pay any amounts, in whole or in part, may be enforced
as a violation of these covenants.
ARTICLE V
ASSOCIATION FUNCTIONS AND DUTIES
5.0 I General Authority. The Association shall fulfill its obligations as required under the
Association Documents. Additionally, the Association may do all things reasonably necessary or
desirable to keep and maintain the Subdivision as a secure, attractive and desirable commercial
development.
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 5
5.02 Right to Make Rules and Regulations. The Association shall be authorized to and
shall have the power to adopt, amend and enforce rules and regulations applicable to the Subdivision
to implement the provisions of this Declaration and all Association Documents. The Association
may provide for enforcement of any such rules and regulations through reasonable and uniformly
applied fines and penalties, or other reasonable and appropriate sanctions. Each Owner, lessee, guest
and member of the general public shall be obligated to and shall comply with and abide by such rules
and regulations and pay such fines or penalties upon failure to comply with or abide by such rules
and regulations and such unpaid fines and penalties shall be enforceable in accordance with the
Association Documents and applicable law.
5.03 Records. Tl1¢ Association ~~all keep1inanci~lrec8ids s11ffi6iently detailed to conduct
Association affairs and to ~nablethe j\s~ociationJo(;:omplywrth appljcable law, including records
adequate to document unpljid charges and!r>ra~~essments .d11e in the A~sociation. All financial and
other records shall be made available for exarninatio~ by any Owner in accordance with applicable
law. The Association may charge a reasonable fee for copying such material.
5.04 Implied Rights of the Association. The Association may exercise any right or
privilege granted in the Association Documents and, except to the extent limited by the terms and
provisions of this Declaration, given to it by law, and shall have and may exercise every other right,
privilege, power and/or authority necessary or desirable to fulfill its obligations under the
Association Documents.
5.05 Association Documents. Each Owner shall comply with and benefit from each term,
provision, covenant, condition, restriction, reservation and easement contained in the Association
Documents. The obligations, burdens and benefits of membership in the Association touch and
concern the Property and are, and shall be, covenants running with each Lot for the benefit of all
other Lots.
5.06 Indemnification. The Association shall be obligated to and shall indemnifY and
defend Declarant and hold it harmless from all liability, loss, cost, damage and expense, including
without limitation attorneys' fees and disbursements, arising with respect to any operations of the
Association.
5.07 Owner's Negligence. In the event that the need for maintenance, repair or
replacement of Association property (~, the fire protection water supply) or of any roadway,
access, drainage or other easement maintained by the Association caused through or by the negligent
or willful act or omission of an Owner or an Owner's guest or lessee, then the expenses incurred by
the Association for such maintenance, repair or replacement shall be a personal obligation of such
Owner; and, if an Owner fails to repay the expenses incurred by the Association within seven (7)
days after notice to the Owner of the amount owed, then such failure shall be a default by the Owner
under the provisions of this Declaration, and such expenses shall automatically become a default
assessment determined and levied against such Lot, enforceable by the Association.
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 6
5.08 Enforcement of Association Documents. The Association or any aggrieved Owner
may take judicial action against any Owner to enforce compliance with the Association Documents
and Association rules to obtain damages for noncompliance or for injunctive relief, or both, all to
the extent permitted by law.
ARTICLE VI
ASSESSMENTS
6.0 I Obligation. Each Owner, by accepting a deed for a Lot, is deemed to covenant to pay
to the Association (i) ann\lala~~essmentsimposedby the!:lo\ll:g of Directors as necessary to meet
the expenses incurred or allticipated ~9 beihcurregl9 perform thefur/<ltions of the Association; (ii)
special assessments for capital imprdvements ana pther p(lJ;poses as stated in this Declaration; and
(iii) default assessments which may be assessedagaillsta (dt for the Owner's failure to perform an
obligation under the Association Documents or because the Association has incurred an expense on
behalf of the Owner under the Association Documents. No Owner may waive or otherwise avoid
personal liability for the payment or the assessment provided for in this Declaration by abandoning
or leasing a Lot, or otherwise.
6.02 Purpose of Assessments. The assessments shall be used exclusively to promote the
health, safery and welfare of the Owners and occupants of the Subdivision, and to fulfill other areas
of Association responsibility referred to in the Association Documents.
6.03 Budget. Within thirty (30) days after the adoption of any proposed budget for the
Association, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a
summary of the budget to all Owners and shall set a date for a meeting to consider ratification of the
budget not less than fourteen (14) nor more than sixry (60) days after mailing or other delivery of the
summary. Unless at that meeting Owners representing more than sixry percent (60%) of all votes
entitled to be cast on Association matters reject the budget, the budget is ratified, whether or not a
quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified
in accordance with this Section must be continued until such time as the Owners ratifY a subsequent
budget proposed by the Board of Directors. The Board of Directors shall adopt a budget and submit
the budget to a vote as provided herein no less frequently than annually. The Board of Directors
shall levy and assess the Association's annual assessments in accordance with the annual budget.
6.04 Annual Assessments. Annual assessments for Association expenses shall be based
upon the estimated cash requirements as the Board of Directors from time to time determine to be
paid by all of the Owners. Estimated Association expenses include but are not limited to the cost
of routine Association affairs; expenses of management, taxes and special governmental
assessments; insurance premiums for insurance coverage as deemed desirable or necessary by the
Association, maintenance of Association property or property for which the Association is
specifically responsible; road maintenance, repair and improvement, wages, charges consistent with
the provisions of the Association Documents; legal and accounting fees; expenses and liabilities
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 7
incurred by the Association under or by reason of the Association Documents; payment of any
default remaining from a previous assessment period; and the creation of a reasonable contingency
or other reserve or surplus fund for Association business, as needed. Annual assessments shall be
payable on a prorated basis each year in advance and shall be due as determined by the Board of
Directors. The omission or failure of the Association to fix the annual assessments for any
assessment period shall not be deemed a waiver, modification or release of the Owners from their
obligation to pay the same.
6.05. Apportionment of Annual Expenses. Each Owner shall be responsible for the Lot's
share of the Association expen~es, whicilshall be/~dividedamgpg th~L8ts equally, subject to the
provisions of this Declara\i\m. N8tw(thstartding <\ny,termdl1 this Sec,Hon to the contrary, the Board
of Directors may reasonajJly adjust t~lh~7ation JR~ach 01iV11er of the cost of premiums for any
insurance carried for and Jo be .charg~d t~"'a,]Jar1icularOwiier. .
6.06. Special Assessments. In addition to the annual assessments authorized above, the
Board of Directors may at any time and from time to time determine, levy and assess in any fiscal
year a special assessment applicable to that particular fiscal year and for any such longer period as
the Board of Directors may determine. Any amounts determined, levied and assessed pursuant to this
section shall be assessed to the Lots equally, unless otherwise provided for in this Declaration ..
Special assessment shall be based on a budget adopted by the Association as provided above, except
that if necessary, the Association may adopt a new budget prior to levying a special assessment.
Such special assessment(s) shall be due and payable as determined by the Board of Directors.
6.07 Default Assessments. All monetary fines assessed against an Owner pursuant to the
Association 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 Association Documents,
shall be a default assessment and shall become a lien against such Owner's Lot(s) which may be
foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date
of such default assessment shall be sent to the Owner subject to such assessment at least thirty (30)
days prior to the due date.
6.08 Effect of Nonpayment Assessment Lien. Any assessment payment or installment
thereof, whether pertaining to any annual, special, default or other assessment, which is not paid
within thirty (30) days after its due date shall be delinquent. If an assessment installment becomes
delinquent, the Association, in its sole discretion, may take any or all of the following actions:
(a) Assess a late charge for each delinquency in such amount as the Association deems
appropriate.
(b) Assess an interest charge from the date of delinquency at the yearly rate of eighteen
percent (18%) per annum;
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 8
(c) Suspend the voting rights of the Owner during any period of delinquency;
(d) Accelerate all remaining assessment installments so that unpaid assessments for the
remainder of the fiscal year shall be due and payable at once; and
(e) Bring an action at law against any Owner personally obligated to pay the delinquent
assessments; and
(f) Vote to approve the recording of a lien for all delinquent assessments, and upon
approval, file for recor~ inthe officeoftheCler\<,;aj1dRecorder for Garfield County,
Colorado, a. notice of liel1 signei!;,,£Y the' President or Managing Agent of the
AssociationJor the. aJ~ount due,Jog~ther with'intere~t thereon, which notice shall
contain: (l)a statemept oftl;leainount unpdid and theinterest accrued thereon; (2)
a legal description of the property owned by the delinquent Owner; and, (3) the name
of the delinquent Owner(s). Such notice oflien shall be effective to establish a lien
against the interest of the Owner(s) in the Lot(s) together with interest at the rate set
forth above on the amount due from the date thereof, administrative fees, recording
fees, cost of title search obtained in connection with such lien and the foreclosure
thereof, and court costs and reasonable attorneys' fees that may be incurred in the
preparation and enforcement of such a lien.
The Association may institute foreclosure proceedings against the defaulting Owner's Lot
in the manner for foreclosing a mortgage on real property under the laws of the State of Colorado.
In the event of any such foreclosure, the Owner shall be liable for costs and fees thereof, including
but not limited to the amount of all unpaid assessments, any penalties and interest thereon, the cost
and expenses of the foreclosure proceeding and sale, the cost and expenses for filing the notice of
the claim and lien, title search, foreclosure certificate, and all reasonable attorneys' fees and costs
incurred in connection therewith.
The Association shall have the power to bid on a Lot at foreclosure sale and to acquire and
hold, lease, mortgage, and convey the same. While a Lot is owned by the Association following
foreclosure; (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on
it; and (c) each other Lot shall be charged, in addition to its usual assessment, its equal pro rata share
of the assessment that would have been charged such Lot had it not been acquired by the
Association.
The lien of the assessments will be superior to and prior to any homestead exemption
provided now or in the future by the law of the State of Colorado, and to all other liens and
encumbrances except liens and encumbrances recorded before the date of the recording of this
Declaration, and except the lien of a first deed of trust holder, and except liens for governmental
assessments or charges imposed against a Lot by a Colorado governmental or political subdivision
or special taxing district or any other liens made superior by statute. The foregoing lien and the
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 9
rights to foreclosure thereunder shall be in addition to, and not in substitution for, all other rights and
remedies which the Association may have hereunder and by law, including suit to recover a money
judgment for unpaid amounts.
6.09 Personal Obligation. The amount of any assessment chargeable against any Lot shall
continue to be a debt of the Lot as well as a personal and individual debt of the Owner of same. No
Owner may exempt himself from liability for the assessment by abandonment, lease or sale of his
Lot or otherwise. Suit to recover a money judgment for unpaid assessments, any penalties and
interest thereon, the cost and expenses of such proceedings, and all reasonable attorney's fees in
connection therewith shaH be .maint&inable withqut foreclosil.lg pr waiving the assessment lien
provided in this Declaration. . . .. .
'ARTICLKVII
ARCHITECTURAL AND DESIGN CONTROL
7.01 Design of Property. It is the specific intent of the Declarant to assure that all
development and improvement of the Lots is accomplished within the bounds of this Declaration.
The design standards set forth herein or as may be adopted hereafter shall be interpreted and applied
to serve such intent.
7.02 Adoption of Standards. The Association may, but is not required to, promulgate,
adopt, and amend design standards or guidelines consistent with these covenants and additional to
those set forth in Article VIII. A current copy of the adopted, written design standards or guidelines,
if any, shall be furnished to each Lot Owner upon written request.
7.03 Obligations with Respect to Zoning and Subdivision. All improvements and uses of
a Lot shall fully comply with all zoning, land use, and subdivision statutes and regulations and
conditions applicable to such Lot.
7.04 Architectural Control. No Improvement on any Lot shall be commenced, erected or
maintained, nor shall any exterior addition to or change or alteration therein be made until the plans
and specifications showing the nature, kind, shape, height, materials, and location of the same shall
have been submitted to in writing and approved as to harmony of external design and location in
relation to surrounding structures and topography by the Board of Directors of the Board. In the
event the Board of Directors fails to approve or disapprove such design within thirty (30) days after
said plans and specifications have been submitted to it, approval will not be required and this Article
will be deemed to have been fully complied with.
7.05 Enforcement. Any violation of these covenants for architectural and design review
shall constitute a violation ofthis Declaration and all Association Documents, subjectto enforcement
by the Association. The Association is specifically authorized to impose appropriate fines, penalties
or other sanctions against aLot Owner for violation of the architectural and design review covenants,
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 10
standards and guidelines, and any such monetary fine or penalty shall constitute a default assessment
under Article VI and may be collected as such.
ARTICLE VIII
CONSTRUCTION AND DESIGN STANDARDS
8.0 I Construction Standards. Construction or alteration of any Improvement( s) shall meet
the standards set forth in these covenants and shall promptly and diligently be completed. For the
purposes of these covenants, when a construction material is specified herein, another material may
be used in lieu thereof, pro,vided suc!pna,terial is e,guival'1l)t orsuperi{)ft{) the specified material.
8.02 Finishes. All buifdin~sshall haye eX,terior'iwalis of fuce brick, stone, metal, steel,
concrete, marble, anodized aluptinum, gla~s, stucco gteqqi,valent permanently finished materials.
8.03 Sidewalks. Sidewalks of design standards and in locations required by the County
shall be maintained by the Owner of that Lot on which the sidewalk is located.
8.04 Landscaping. Any portion of a Lot upon which Improvements are not constructed
may be landscaped in accordance with available legal and physical water supply for Lot.
8.05 Screening. All trash areas (and dumpsters) shall be maintained in permanently
screened and fenced enclosures which shall not be visible to any other lot or from any dedicated
street.
8.06 Illuminations. Overnight security type lighting, and lighting or parking, truck
service/receiving areas and outdoor storage areas will require fixtures that are of a sharp cut-off
design which allow minimal light spill or glare onto adjacent property.
8.07 Utilities. All pipes, conduits, cables, or lines for water, gas, sewage, steam,
electricity, telephone or any other energy or service serving any Lot from any main trunk line or
easement shall be installed and maintained below ground, unless otherwise approved in writing by
the Association.
8.08 Signs. All signs shall conform with written sign standards of applicable codes, laws
and governmental regulations.
ARTICLE IX
MAINTENANCE AND OPERATION ACTIVITIES -CRITERIA
9.01 Construction Period. During construction of any Improvements, supplies and
equipment must be stored in a designated area in a safe and orderly fashion. Trash, waste and debris
must be removed on a regular basis. Unlandscaped areas shall be kept mowed and pruned, free from
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 11
plants infested with noxious insects or plant diseases and from weeds which are likely to cause the
spread of infection or weeds to neighboring property and free from brush or other growth or trash
which may cause danger of fire.
9.02 Site and Building Maintenance. All Owners shall at all times keep their premises,
buildings, Improvements, and appurtenances including parking areas in a safe, clean, and neat
condition; shall remove, replace, or repair all such items or areas not in such condition; and shall
comply in all respects with all government, health, police and safety requirements and with such
maintenance standards as may be established by the Association. Each Owner shall remove at its
own expense at least once,;aw~ek all,Ju~~ish or tr~sh ofaJ}y cllarllcl~rtl!at may accumulate on its
property and shall keep unimproved ~tea~,maint'lin~d. Rl,lbbish. andt;fash shall not be disposed of
on the premises by burning in op~P;fi~s Qr,incin~I''lt~r~. Sitl) and builc\ing maintenance as described
herein is additional to shared mairitenanceg\Jlig~tion$for th.e roadway and access easements, as set
forth in Article XIII.
9.03 Landscape and Grounds Maintenance. All landscaped or unimproved ground on all
Lots shall be maintained in a neat and adequate manner. Required maintenance activities shall
include, but not be limited to, mowing, trimming, irrigation, replacement or removal of dead,
diseased, or unsightly landscaping, removal or control of weeds from planted areas, appropriate
pruning of plant materials, and dust suppression.
9.04 Noxious Weed Management. The Association shall implement and follow a program
of noxious weed control which shall comply with all applicable requirements of Garfield County,
including but not limited to the control and elimination of plant species identified on the published
Garfield County Noxious Weed List. Each Owner shall implement a weed management program
within the area of its Lot. In the event a Lot Owner fails to effectively control noxious weeds on
its Lot, the Association shall have the right to enter upon any Lot and conduct a weed control
program.
The weed management plan will consist of the following components.
(a) Prevention and Control. The quick revegetation of disturbed areas with weed-free
grass seed and the maintenance of native or introduced vegetation in a healthy,
vigorous condition producing optimum vegetative densities will leave noxious seeds
little opportunity to establish.
(b) Inventorv. Each Lot will be inspected on at least an annual basis to identify any
infestations of noxious weeds. An accurate record should be kept of the application
and success of weed eradication efforts.
(c) Eradication. Elimination of noxious weeds will be achieved through use of all of the
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 12
following methods, as necessary:
(i) Mechanical controls which physically remove the entire weed plant or
eliminate the plant's ability to produce seed
(ii) Biological controls which rely on organisms (insect or plant pathogens) to
interfere with weed growth.
(iii) Chemical controls which use herbicides to eliminate weeds.
An effective weed management program ll)~yinvolVF all three wethods of eradication as well
as a long term commitment to', pn~vention a~i:l cOntror.iAssistance in the development and
implementation of a weedll)anagementprograll) is aVllilabl~ throughlhe Colorado State University
Cooperative Extension Service and from the Garfield County Office of Vegetation Management.
9.05 Additional Maintenance and Operation Activity. In addition to the foregoing
maintenance and operation activity standards, the Board of Directors may promulgate and adopt
additional maintenance and operation activity criteria that are not inconsistent with the criteria set
forth in this Article and that implement the purposes of these covenants.
9.06 On-Street Parking. No parking shall be permitted on any platted access easement or
dedicated roadway as shown on the final plat of the Subdivision or at any location other than the
paved parking spaces approved for a Lot, unless specifically allowed by the Association. Each
Owner shall be responsible for compliance with this requirement by its tenants, employees, invitees
and guests. Owners or users of vehicles parked in violation ofthis provision shall be subject to the
sanctions, if any are made, Rules and Regulations by the Association, that prohibit or restrict such
parking, and regardless of the existence of any government sanctions, the vehicle so parked shall be
subject to removal at the Lot Owner's expense at the direction of the Association or its
representatives.
9.07 Variances. The Association may authorize variances from the design requirements
in this Declaration or in any additional criteria promulgated and adopted as design standards when
circumstances such as topography, natural obstructions, hardship, nature of business to be conducted
or aesthetic or environmental objectives or considerations may warrant, in the sole discretion of the
Association.
9.08 Remedies for Failure to Maintain and Repair.
(d) Remedies. If an Owner or its tenant(s) fails to perform the maintenance and repairs
required by these covenants or the Association, then the Association, after ten (10)
days prior written notice to the Owner, shall have the right but not the obligation to
perform such maintenance and repair and to charge said delinquent Lot Owner with
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 13
(e)
the cost of such work together with the interest thereon at the maximum statutory rate
from the date of the Association's advancement of funds for such work to the date
of reimbursement to the Association by Owner, and such charges shall constitute a
default assessment. If the Owner fails to pay such default assessment to the
Association within thirty (30) days after demand therefore, the Board of Directors
may vote to approve the recording of a lien therefor in accordance with Article VI.
All unpaid amounts shall constitute a personal and direct obligation of the Lot Owner
to the Association.
Cure. If the. reason rorwhich allotice qf liell hll.sbeen recorded is cured, the
Associatiol1.ishallr~coiH at~lease 9t~uch I1qtic~,iuponpayment by the Owner of all
unpaid andipast due ass.ess)Jlents'ifees;.accru~d interesl"and attorneys' fees and costs
incurred by,theAssociatidft, . '.' .
ARTICLE X
LIMITATION OF LIABILITY
10.01 No Individual Liability. Neither the Association, nor any member thereof or of the
Board of Directors, nor any agent or employee or representative of the Association shall be liable
to any Owner or other person or entity for any action or failure to act with respect to any matter
coming before the Association, if the action taken or failure to act was made in good faith and
without willful or intentional misconduct. The Association shall indemnifY and hold harmless all
members, agents, employees and Association representatives from any and all reasonable costs,
damages, charges, liabilities, obligations, fines, penalties, claims, demands or judgments, and any
and all expenses, including without limitation, attorneys' fees and costs incurred in the defense or
settlement of any action arising out of or claimed on account of any act, omission, error or
negligence of such person or ofthe Association or the Board of Directors provided such person acted
in good faith and without willful or intentional misconduct.
10.02 No Association Liability. The Association shall not be held liable for injury or
damage to person or property caused by the condition of any Lot or by the conduct of Lot Owners
or their tenants, agents, employees and other representatives.
ARTICLE XI
WATER. SEWER AND FIRE PROTECTION
11.01 Potable Water Supply.
(a) Ownership of Well and Appurtenant Facilities. Individual water wells for each
of Lots 1 through 10 (referred to herein as Big R Wells No.1 through 10) will be constructed on
each Lot and operate pursuant to Colorado Division of Water Resources Well Permit Nos. 63775-F,
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 14
62976-F, 63776-F,63777-F, 63778-F, 63778-F, 63779-F, 63780-F, 63781-F, 63782-F, and 63783-F,
respectively. The permit for Lot 1 authorizes withdrawal of up to 25 gallons of water per minute
with a maximum of 3.35 acre-feet per year for landscape irrigation, commercial and vehicle
washing. The permit for Lot 2 authorizes withdrawal of up to 25 gallons of water per minute with
a maximum of2.24 acre-feet per year for landscape irrigation, commercial and vehicle washing. The
permits for Lots 3 though 8 and 10 authorize withdrawal of up to 25 gallons of water per minute
with a maximum ofO. 96 acre-feet per year for landscape irrigation, commercial and vehicle washing.
The permit for Lot 9 authorizes withdrawal of up to 25 gallons of water per minute with a maximum
of 1.51 acre-feet for landscape irrigation, commercial, vehicle washing and fire protection. Operation
of each well is dependent~poll maintenance of an augmentatipnplan consisting of West Divide
Water Conservancy District Wat~r Augm~ntatioqqontrac~No.' 040518BRCP(a). The Owners of
the Lots shall each own, appurten\l.nt i~ their resp\;~tive Lor, the full interest in their respective well,
well permit, pump and associated fac'litig~.forthe Withdi~wal of water located at each respective
well, provided, however, that the Association shall, at its option, be e~titled to withdraw and use 0.55
acre feet annually from Big R Well No.9 located on Lot 9 for fire protection purposes.
(b) Easements. The Owners of the Lots are hereby granted perpetual and non-
exclusive easements for the installation use, maintenance, repair, service and replacement powerlines
and other facilities necessary for the proper operation of each well and delivery of water to the Lots
as set forth on the final plat of Big R Commercial Park Subdivision. The Association is hereby
granted a perpetual and non-exclusive easement over and across Lot 9 for the installation, use,
maintenance, repair service and replacement of Big R Well No. 9 located on Lot 9 for the proper
operation of the Well and Fire Protection System and delivery to the fire protection system.
(c) Use of Water. The Owners of the Lots shall each be entitled to use water from
their respective well only for purposes authorized by the well permit and in accordance with the
terms and conditions of the well permit. The Association shall, at its option, be entitled to withdraw
and use 0.55 acre feet annually Big R Well No.9 located on Lot 9 for fire protection purposes.
(d) Operation, Maintenance and Repair Costs. The Association shall maintain the
West Divide Conservancy District Water Allotment Contract necessary for the withdrawal of water
from each well. The cost for the West Divide Conservancy Contract necessary for the withdrawal
of fire protection water and/or other costs of obtaining the fire protection water shall be allocated
among all Lot Owners. The cost of the West Divide Conservancy Contract necessary for the
withdrawal of the remaining water from the wells shall be allocated by the Association to the Lot
Owners using West Divide augmentation in proportion to their allocated water usage. Each Lot
Owner shall be solely responsible for the costs of maintenance, operation, repair, service and
replacement of their well, pump and associated facilities.
11.02 Fire Protection System.
(a) Fire Protection System Components. The Fire Protection System for the Subdivision is
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 15
comprised of 100,000 gallons of water stored in tanks for fire protection uses only, a water line, and
a dry hydrant located on Lot I as shown on the final plat. The Declarant shall be responsible for
installing the fire protection tanks and related facilities as may be necessary or desirable for the
Association's fire protection purposes. Subsequent to such installation, the Association shall be
responsible for filling and refilling the tanks, and maintaining and operating the related facilities
serving the Association's fire protection system.
(b) Provision of Fire Protection Water. The Rifle Fire Protection District has approved
provision of the fire protection water from any source, including well water from the well permitted
for Lot 9, as described herein,river ~f!ter" and ha\i1ed walttf..sq)ongas.the water is of appropriate
quality for use by the District. . Th~O\vner(jfLot 9i~hall ha~7 responsibility for maintaining the well
from which the fire protection water may be supplied.
(c) Other Fire Protection M~~sures.fachLot oSner is responsible for installing and
maintaining early detection systems, alarms or other sensors as required by the Rifle Fire Protection
District. Each Lot Owner shall have every building reviewed by the Rifle Fire Protection District at
the building permit phase to evaluate such fire protection requirements. Each Lot Owner shall
provide the Association with written documentation of the early detection system(s) required by the
Rifle Fire Protection District for each building prior to construction. The Association shall inspect
each building as necessary to determine that such early detection systems are properly installed and
maintained in good operating condition; provided, however, the Association's inspections do not
lessen or in any way reduce each Lot Owner's responsibility for ensuring compliance with these
provisions and the requirements of the Rifle Fire Protection District. Each Lot Owner shall
reimburse the Association for the Association's costs and expenses in relation to the initial and
ongoing inspections of each early detection system. Each Lot Owner shall post the address in a
conspicuous location so each address is readily identifiable.
11.03 Water Provisions Which Apply To all Lot Owners and the Association.
(a) Installation of Well Facilities. Each Lot Owner is responsible to drill and install, at
its own expense, the well, power source, meter,and other facilities in and to the well.
(b) Meter. A totalizing flow meter and adjacent shut -off valve shall be installed for each
Lot Owner to measure the rate and total volume of water delivered from the Well
and to shut off such flow, when appropriate. The type of meter and valve as well as
its location, installation, operation and maintenance shall be approved determined,
owned, operated and maintained by the Association.
(c) Limitations. The Association may read the meters and shall have the authority to
enforce the limitations on water deliveries to each Lot set forth herein pursuant to the
provisions of Article XVI hereof. In addition, the Association may terminate water
deliveries to any Lot that has for two consecutive months exceeded its maximum
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 16
monthly entitlement to water from each Well, upon receipt of a letter or other
communication from the Division of Water Resources that adverse action will be
taken if such remedy is not impo sed.
(d) Conservation. Water conservation practice s shall be exercised wherever practicable
throughout the development of the Lots
(E) Potable Water Treatment Monitoring. To the extent that water treatment systems are
required to be installed , each respective Lot Owner s hall be responsible for such
installation and maintenance. If required by the Association, a Lot Owner shall make
s uch repairs or improvements to the wat r treatment system as are necessary to
provide potable water. 1
11.04 Sewage Di sposal. At least one building on each Lot s hall contain a minimum of one
(1) bathroom containing a toilet and sink. All sewage di sposal therefrom shall be disposed of by
means of an engineered individual sewage disposal system designed by a registered professional
engineer. Each individual sewage disposa l system shall be located so as to avoid impairm ent during
a I OO-year flood event and constructed in a manner to facilitate ready access for maintenance. Each
Lot Owner s hall be responsible for the construction, operation and management of their individual
sewage disposal system.
The Association shall contract with a qualified envirolm1ental health specialist to conduct
in s pections, on a bi-annual bas is or such more frequent ba s is as the Association may deem necessary ,
to determine each Lot's system(s) maintenance requirements. The Association shall have the right
to take any action necessary to enforce compliance with the operation and maintenance req uired for
a properl y function system. Any such action s ha ll be at the individual Lot Owner's expense.
The management plan for th e operation and maintenance of the individual sewage disposal
sys tems is as follows :
(a) Only mild biological and water waste may be introduced into the individual sewage
disposal systems. Other wastes, including grease, mus t be di spo sed of separately .
(b) Each septic tank should be inspected annually by the Lot Owner and pumped, if
necessary, notwithstanding the Association's cleaning contract with a septic tank
sys tem s cleaner.
(c) The septic tank should be pumped by a li ce nsed sep tic tank system cleaner with
proper disposal of waste materials.
(d) The leach fields should be protected from damage or soil compaction from vehicles
driving or parking on the system.
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 17
(e) The individual sewage disposal systems should be protected from excess water from
roof drains, surface drainage, irrigation water, leaky faucets, or leaky toilets.
(f) Owners shall follow the guidelines listed in Exhibit B, Septic System Maintenance.
All wastewater disposal through the individual sewage disposal system is for "Domestic
Wastewater" applications. By law, all hazardous material are not permitted to be disposed though
the individual sewage disposal system. If caustic or hazardous material disposal is to be utilized
through an on-site nondischarging system, the system shall be designed by a registered professional
engineer and permitted by the Lot Own.er. All nondischargin& systems shall be included in the
inspection schedule identified above, ..
All buildings that utili"e.floo{idnlills will befequi~~d to colh'!ct and dispose of drain water
into a nondischarging tank system and be included in the inspection schedule identified above.
11.05 Watershed Permit. The Lots are subject to City of Rifle Watershed Permit No. 05-01,
recorded in the Office of the Garfield County Clerk and Recorder in Book _ at Page _. Such
permit is an umbrella permit for general commercial operations at the Subdivision. The Watershed
Permit requires bi-annual inspections which shall be paid for by the Association. Each Owner shall
be responsible for compliance with the conditions set forth in the Watershed Permit for its Lot.
ARTICLE XII
ACCESS AND UTILITIES
12.01 Access. Declarant has dedicated as a public right-of-way the road identified as Big
R Road and as shown on the final plat ofthe Subdivision and assigned to the Association the two
Colorado Department of Transportation Access Permits for the Subdivision. Public access to and
from Big R Road is via State Highway 6 & 24 pursuant to Colorado Department of Transportation
("CDOT") Access Permit No. 399020. Public access to and from Lot I also is currently available
via State Highway 6 & 24 pursuant to CDOT Access Permit No. 399019 and a historic unpermitted
access. The historic unpermitted access may be eliminated upon the upgrade of any CDOT permits.
Permit No. 399020 provides for 200 average daily trips for general light industrial use. Permit No.
399019 provides for 200 average daily trips for 60,000 square feet of warehousing. New permits in
compliance with current CDOT regulations and the current State Highway Access Code (2 eCR
60 I-I) will be required as set forth below.
12.02 CDOT Permit Compliance. The Association shall be responsible for monitoring
compliance with the terms of the permits and obtaining new or amended permits if and when
necessary as set forth below. Prior to the submission of an application for a new building permit on
any of the Lots, the Association shall obtain a trip generation estimate from a registered professional
engineer using methods approved by Institute of Transportation Engineers for the new building and
its proposed use. A trip generation estimate and the most recent up-to-date count of the actual
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 18
average daily trip analysis shall be supplied to Garfield County with any building permit application.
If the addition of the trip generation estimate to the actual average daily trips exceeds 20% of the
permitted average daily trips for the related access under the then-existing permit, the Association
shall obtain a traffic study from a registered professional engineer and new permit(s) from COOT
as necessary.
The Association shall bear the cost of the traffic counts, trip generation estimates, traffic
studies, new permits, and any other improvements necessary to comply with the permits, including
but not limited to professional fees and construction costs. Depending on the results of the traffic
study, required improvements may in<,:lude. Ieft-turndeceler{l(ion)anes,right -tum deceleration lanes,
left -tum acceleration lane~,iright ,tllrn:acc~i\:ratioq.l~es, si~alitatiOl}and elimination or relocation
of one or more access poirits. TheA$~o!iJation~li;tll then Wocate those costs to each Owner as set
forth in Section 12.03. <:;1ostsofth\:.tniffic sounts,traffic studies,new permits, and any other
improvements necessary to comply with a new or amended pennit providing access only to Lot 1
shall allocated solely to Lot 1.
12.03 Maintenance of Big R Road. Declarant is responsible for constructing the public
right-of-way identified on the final plat as Big R Road to Garfield County standards for a minor
collector road. Actual average daily trips for a minor collector road cannot exceed 2,500. Lot
limitations for actual average daily trips on Big R Road are as follows: Lot 1 -500; Lot 2-400; Lots
3 through 10, inclusive -200 each. Once constructed, the Association has the right to conduct
periodic traffic counts to determine that the Lot limitations are observed and to take any action
necessary to enforce compliance with the limitations. The Association also shall maintain and repair
Big R Road. Maintenance services for which the Association shall be responsible include, without
limitation, snow and ice removal, sanding, resurfacing, striping, painting, and similar services, as
well as necessary landscaping. Expenses incurred pursuant to this Article XII shall be allocated as
follows: Lot 1 -28.60%, Lot 2 -14.28%, and Lots 3 through 10 -7.14% each.
12.04 Maintenance of Easements. Declarant is responsible for constructing the Emergency
Ingress/Egress as shown on the final plat of the subdivision. The Association shall maintain and
repair the Emergency Ingress/Egress as well as the Fire Tank Access as necessary. Maintenance
services for which the Association shall be responsible shall include, without limitation, snow and
ice removal, sanding, resurfacing, striping, painting, and similar services, as well as necessary
landscaping.
12.05 Utilities. Declarant hereby establishes for the benefit of each Lot and all Lots within
the Subdivision nonexclusive, common and perpetual easements for the location of utilities,
including but not limited to water, sewer, electricity, gas, telephone, telecommunication, and cable
service. The location of such easements shall be in confonnity with the final plat for the
Subdivision.
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 19
ARTICLE XIII
INSURANCE AND EMINENT DOMAIN
13.0 I Insurance. All Owners shall keep and maintain fire and casualty insurance upon all
Improvements upon their Lots to the full insurable value thereof, as well as public liability
insurance and such other lines of insurance as may be necessary and proper to insure the risks
associated with the activities upon an Owner's Lot.
13.02 Taking. If there is a complete taking of a Lot by any govermnental body, then the
Owner of such Lot shall be ej{,cused fr()mobligatioll,pnder these ~ovena!1tssubsequent to the taking.
A partial taking that does l1()t extil1guish <!j;Lot Owner's inttirest in a Lot shall have no effect upon
such Owner's rights and obligations llereu~der. ".' '"
<, ," ,',: '" "
ARTICLE XIV
RESERVED RIGHTS
14.01 Lots I and 2. The Owner(s) of Lot I and Lot 2 shall have the right to resubdivide
such Lot or condominiumize any buildings within Lot I and/or Lot 2 and incorporate within the
Association any such Lots or condominiums created. Any resubdivision or condominiumization
shall comply with the terms of this Declaration of Covenants, Conditions and Restrictions.
14.02. Declarant. So long as Declarant (or an entity owned 50% or more by Declarant)shall
own a Lot wit in the Subdivision, Declarant or that entity shall have the right to add property to the
Subdivision and to incorporate within the Association any property added.
ARTICLE XV
TERM AND AMENDMENT
15.01 Term. This Declaration, including all the covenants, conditions, and restrictions
hereof, shall run with and bind all property and interests therein that are a part of the Subdivision
for a period of twenty (20) years from the date hereof and thereafter shall be renewed automatically
from year to year unless sooner amended or terminated as hereinafter provided.
15.02 Amendment. Notwithstanding the foregoing, this Declaration may be amended or
terminated at any time by an instrument executed and acknowledged by Owners evidencing the
approval of no less than seventy percent (70%) of all votes entitled to be cast in the Association,
and recorded with the Clerk and Recorder of Garfield County, Colorado, provided, however, that
the section 15.02 cannot be amended without the approval of the Declarant (or an entity owned 50%
or more by Declarant). Amendments made pursuant to the provisions of this Article shall inure to
the benefit and be binding upon all property and interests therein that are part of the Subdivision.
No amendment to the requirement of conforming to Garfield County zoning or conditions of
subdivision approval may be made without the consent of Garfield County.
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 20
ARTICLE XVI
ENFORCEMENT
16.01 Enforcement Powers and Procedures. These conditions, covenants, restrictions, and
reservations may be enforced, as provided hereinafter, by each Owner, as well as by the Association
acting for itself or on behalf of all Owners, and, as provided herein and otherwise in the Association
Documents. Each Owner, by acquiring an interest in a Lot, shall be conclusively deemed to appoint
irrevocably the Association as his or its attorney-in-fact for such purposes. Violation of any
condition, covenant, restriction, or reservation herein contained shall give to the Association, and
to the Owners, or any of them,\he rigM tsbring PFoceediJj~s at liilW .. l:)f in. equity against the party
or parties violating or interiding to violat\!',iilny of.tl'l~ said ~ov~r1antsio;:onditions, restrictions, and
reservations, to enjoin theni from so d()ing,to cau§,,<\n~ suqhviolatiOJl'to be remedied, or to recover
damages resulting from s\jch violatio11. Inaddltion,yiola~ion of any~uch covenants, conditions,
restrictions, and reservations shall give tothe Association acting as attorney-in-fact for all Lot
Owners the right to enter upon the premises on which the violation is occurring or has occurred and
abate, remove, modify, or replace at the expense of the Owner thereof any structure, thing, or
condition that may exist thereon contrary to the intent and meaning of the provisions hereof. Every
act, omission to act, or condition that violates the covenants, conditions, restrictions, and
reservations herein contained shall constitute a nuisance and every remedy available at law or in
equity for the abatement of public or private nuisances shall be available to the Owners and the
Association. In any such action to enforce those covenants, the prevailing party shall be entitled
to an award of reasonable attorneys' fees and costs. Such remedies shall be cumulative and not
exclusive. The failure of the Owners, or the Association to enforce any of the conditions,
covenants, restrictions, or reservations herein contained shall in no event be deemed a waiver ofthe
right to do so for subsequent violations or of the right to enforce any other conditions, covenants,
restrictions, or reservations, and the Owners or the Association shall not be liable therefor.
ARTICLE XVII
MISCELLANEOUS PROVISIONS
17.01 Severability; Construction. Invalidation of any of these covenants or any provision
hereofby a court of competent jurisdiction shall not affect any of the other provisions hereof which
shall remain in full force and effect.
17.02 Government Regulations. Ifan applicable county, municipal, or other governmental
regulation, rule, code, ordinance, or law is more restrictive in any respect than these covenants, it
shall supersede these covenants and govern at all times.
17.03 Notice. Any notice required or permitted herein shall be in writing and mailed,
postage prepaid by registered or certified mail, return receipt requested, or hand delivered, and shall
be directed as follows: If intended for a Lot Owner or their designated representative, then to the
mailing address furnished by the Lot Owner to the Association or the County Assessor or to the Lot.
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 21
17.06 Incomoration of Plat Notes. All notes, tenns and conditions set forth on the recorded
Final Plat of the Subdivision are incorporated herein by reference. To the extent a conflict arises
between these covenants and the notes, terms and conditions ofthe final plat, the notes, terms and
conditions of the final plat shall control.
17.07 Covenants Run with the Land. The covenants, conditions and restrictions set forth
in this Declaration shall run with the land described in Exhibit "A," such being all of the Lots
within the Subdivision, and shall be binding upon and benefit all persons having or acquiring any
interest whatsoever in said real property or any part thereof, and shall inure to the benefit of, be
binding upon, and enforceable at laW or in equio/! as setfortl1 hereinafter by the Declarant, its
successors in interest and grantees, e~ch Owner al}djts suqcessors in interest and grantees, and the
Association acting on behalf of all Owners.· .
IN WITNESS WHEREOF, the Declarant executes this Declaration of Covenants,
Conditions and Restrictions for Big R Commercial Park this __ day of , 2007.
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
BIG R ENTERPRISES, LLC
By: ---------------------
Robert M. Regulski, Manager
By: =---=-=---c=:----:---:--:----
Peter Van Domelen, Manager
The foregoing instrument was acknowledged before me on this day of
=-==-__ --,-----:~=_-' 2007, by Robert M. Regulski and Peter Van Domelen , as Managers of Big
R Enterprises, LLC.
Witness my hand and official seal.
My commission expires: ____________ _
Notary Public
Document processing fee
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Fees & forms/cover sheets
are subject to change.
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for this form/cover sheet and other
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documents, visit \VWW.sos.state.co.us
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Colorado SecretaIY of State
Date and Time: 09107/2006 10:04 AM
Id Number: 20061365335
Document number: 20061365335
Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFl(E USE ONLY
Articles ofIncorporation for a Nonprofit Corporation
filed pursuant to §7-90-30 I, et seq. and §7-I 22-I 0 I of the Colorado Revised Statutes (C.R.S)
I. Entity name:
2. Use of Restricted Words (ijanyojthese
terms are contained in an entity name. //'lle
name oj an entity, trade name or trademark
stated in this document, mark the applicable
box):
3. Principal office street address:
4. Principal office mailing address:
(if different from above)
5. Registered agent: (ifan individual):
OR (if a business organization):
Big R Lot Owners Association, Inc
(The name of a nonprofit cOlporatioll may. but need //01. cOlltaill the term or abbreviation
"corporation", "illcOIporated". "COllljXIIl)'''' "limited", "corp. ". "inc. ", "co." or "ltd." .
§7-90-601. C.RS.)
o "bank" or "trust" or any derivative thereof o "credit union" 0 "savings and loan" o "insurance", "casualty", "mutual", or "surety"
28485 Highway 6 & 24
(Street Ilame and lIumbel)
Rifle CO 81650
(State) (Postal/Zip Code)
United States
(Province if applicable) (COUntl)' ifnot US)
P.O. Box 9
(Street name and lIumber or Post Office Box information)
Rifle CO 81650
(State) (Postal/Zip Code)
United States
(Province if applicable) (Counfly ifnot US)
CLIFTON BARBARA L.
(Last) (First) (\fiddle) (Suffix)
6. The person appointed as registered agent in the document has consented to being so appointed.
7. Registered agent street address:
8. Registered agent mailing address:
(ifdifferent from above)
120 West Third Street
(Street name and nUll/bel)
Rifle CO 81650
(City) (State) (Postal/Zip Code)
P.O. Box 907
(Street name and number or Post Office Box in/ormation)
Pagelof3 Rev. 11116/2005
9. If the corporation's period of duration
is less than perpetual, state the date on
which the period of duration expires:
10. (Optional) Delayed effective date:
Rifle
(City)
(Prol'ince -if applicable)
(IIIIII/dd~v»)'))
co 81650
($.tate) (Postal/Zip Code) United States
(Collntry -ifl/ot US)
11. Name(s) and addressees) of
incorporator(s): (if an individual) .cR.::eO'g",u~Ic-S.::k.::i _____ -,R.::o,:,b~e~rt,,--~ __ .::M ... '--c~~ __
(Last) (First) (Middle) (Suffix)
OR (if a business organization)
(if an individual)
OR (if a business organization)
(if an individual)
OR (if a business organization)
P. O. Box 9
(Street name and n1/mber or Post Office Box ill/ormation)
Rifle co 81650
(City) ((itatej (Postal/Zip Code)
United States
(Province -if applicable) (Countl)' -ifnot US)
Van Domelen Peter
---~c---
(LaSI)
clo Reese, Henry & Co
(Firsl) O.Iiddle) (Suffix)
(Slreet name and number or Post Office Box ill/ormalion)
400 Main Street
Aspen CO 81611
(City) ~tate) (Postal/Zip Code)
United States
(Prol'ince -if applicable) (COlf/llIy -ifnot US)
(Last) (First) (Middle)
(Street name and /lumber or Posl Office Box iII/ormation)
(City) (State) (Postal/Zip Code)
United States
(Province if applicable) (CollntlY -ifnot US)
(If more than three incOIporators, mark this box 0 and inelude Gn attachmenl staling the names and addresses 0/ all
incOlporators.)
Page 2 of3 Rev. 11116/2005
12. The nonprofit corporation is formed under the Colorado Revised Nonprofit Corporation Act.
13. The corporation will 0 OR will not D have voting members.
14. A description of the distributio'1 of assets upon dissolution is attached.
15. Additional information may be included pursuant to §7-122-102, CR.S. and other organic statutes. If
applicable, mark this box 0 and include an attachment stating the additional information.
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed ofthe
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, CR.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
16. Name(s) and addressees) of the
individual(s) causing the document
to be delivered for filing: Clifton Barbara L.
(Last) (First) (Middle) (Suffix)
P.O. Box 907
(Street name Gnd nllmber or Post Office Box in/ormation)
Rifle CO 81650
lOry) (State) (Pas/ai/Zip Code)
United States
(Province -if applicable) (COIllIfI),-ifnot US)
(The document need not state the !rue name and address a/more than one individual. HOll'erer, if),oll wish to state the name and address
of any additional indil'idllals causing the docl/menllo he delil'eredjorjiling, mark this box 0 and include an attachment stating the
/lol/le and address of such illdi\'iduols.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility ofthe user of this form. Questions should be addressed to the user's
attorney.
Page 3 of 3 Rev. 11/16/2005
NOTICE:
This "image" is merely a display ofi1?formatiol1 that was filed electronically. It is not an image tha! )Vas created by optically scanning
a paper document.
No slIch paper document was filed. Consequently, no copy of a paper docl/ment is available regarding this document.
Questions? Contact the Business Division. For contact information, please visit the Secretmy of Slate's web site.
Click the following links to view attachments
Attachment 1
Attachment to Articles of Incorporation
ATTACHMENT TO ARTICLES OF INCORPORATION
OF
BIG R LOT OWNERS ASSOCIATION, INC.
ARTICLE I
PURPOSES AND POWERS
The purposes for which this Corporation is organized and its powers are as follows:
a. To manage, protect, operate and maintain the road and easements serving the Big R Commercial
Park Subdivision, as set forth on the Plat thereof, recorded in the Office ofthe Garfield County Clerk
and Recorder.
b. To administer and enforce the Covenants, Conditions, and Restrictions, including architectural
control, for the development of the Big R Commercial Park Subdivision as set forth on the Plat
thereof and in the Declaration of Covenants, Conditions, and Restrictions for the Big R Commercial
Park Subdivision (the Declaration), recorded in the Office of the Garfield County Clerk and
Recorder, for the benefit of its respective members.
c. To have and exercise, generally all power and to do and perform all the acts which shall or may
be necessary or proper to carry out and put into effect the purposes for which the Corporation was
formed and as provided by law; provided, however, that the enumeration in these Articles of
Incorporation of specific powers shall not be construed to limit or restrict in any manner whatsoever
the general powers conferred upon nonprofit corporations under the laws ofthe State of Colorado.
d. To have an exercise, generally, all purposes and powers set forth for a unit owners association
under the Colorado Common Interest Ownership Act.
e. Notwithstanding the foregoing stated purposes, the Corporation is organized exclusively for
purposes of holding and maintaining mutually owned and used rights-of-way and easement and
enforcing the Declarations of Covenants, Conditions and Restrictions on a cooperative basis whereby
at least 85% of its income shall be derived from assessment to members for the sole purpose of
meeting expenses or losses and in full compliance with the requirements of sections 50 I (c)( 4) and
(12) of the Internal Revenue Code of 1986.
ARTICLE II
MEMBERS AND VOTING
The Corporation shall be a membership corporation without certificates or shares of stock. Each
person or entity who is a record owner, whether one or more persons or entities, including Declarant,
of a fee simple title interest in and to any Lot within the Subdivision shall be a member. The
foregoing is not intended to include any person or entity who holds an interest in a Lot merely as
1
security for the performance of a debt or other obligation; or pursuant to an easement, right-of-way,
or license that pertains to or affects a Lot or Lots, or appurtenant to, a Lot or Lots. Membership shall
be appurtenant to ownership of any Lot which is subject to assessment by the Corporation.
Appurtenant to ownership of Lots 3 through 10 is one (I) vote each, Lot 2 is two (2) votes, and Lot
1 is four (4) votes for the purpose of all Association matters regardless of whether one or more
persons or entities own such Lot. Votes may not be voted in fractions. When more than one person
holds an interest in the same Lot, all such Owners shall be members and the vote for each Lot shall
be cast as the Owners thereof agree, but in no event shall more votes be case for each such Lot than
as set forth in the Declaration. If the Owners of a Lot do not agree as to the manner in which their
votes should be cast when called upon to vote, then they shall be treated as having abstained.
Notwithstanding the foregoing, during the period Declarant is the Owner of six (6) or more Lots, the
right to vote for the election of the Board of Directors shall be vested solely in Declarant.
ARTICLE III
NON-LIABILITY OF DIRECTORS, MEMBERS AND OFFICERS
Under the provisions of Colo . Rt'v. Stat. § 7-126-103, the directors, officers, employees, and members
of this nonprofit Corporation shall not be held individually responsible as such for the acts, debts,
contracts, liabilities or obligations of the nonprofit Corporation.
ARTICLE IV
BOARD OF DIRECTORS
The affairs of the Corporation shall be governed by a Board of Directors, consisting of not fewer than
three (3) persons in accordance with the Bylaws, except that there need be only as many Directors as
there are Owners of Lots. The Directors may be nomesidents of Colorado, but all Directors must be
Owners of Lots, which in the case of corporate, limited liability company or partnership ownership
shall include the general partners, managers, officers and directors of each such corporate, limited
liability company or partnership Owner, provided that so long as Declarant is the Owner of six (6)
or more Lots, any person may serve as a Director and the exclusive right to vote for the election of
the Board of Directors shall be vested solely in Declarant. Once the Declarant no longer has
exclusive right to vote for the election of the Board of Directors, the Directors shall be elected at the
annual meeting. The name and address of the initial Directors are:
Robert M. Regulski
P.O. Box 9
Rifle, CO 81650
Peter Van Domelen
clo Reese Henry & Co.
400 East Main Street
Aspen, CO 81611
2
Barbara L. Clifton
P.O. Box 907
Rifle, CO 81650
ARTICLE V
REGULATION OF INTERNAL AFFAIRS
The general management of the affairs of the Corporation shall be exercised by the Board of Directors
and their designated agents. Any action which may be taken at a meeting of the Board of Directors
or members may be taken without a meeting, if a consent in writing setting forth the action so taken
is signed by all the Directors or members entitled to vote with respect to the subject matter thereof.
Such written consent shall have the same force and effect as an unanimous vote of the Directors or
members.
ARTICLE VI
LIQUIDATION AND DISTRIBUTION
Upon dissolution of the Corporation, all of its assets remaining after payment ofliabilities shall be
paid over and transferred to one or more exempt organizations as are qualified for exemption from
federal income taxes pursuant to section 501(c)(4) and (12) of the Internal Revenue Code of 1986.
The proceedings for dissolution shall be conducted in accordance with the Colorado Nonprofit
Corporation Act.
ARTICLE VII
AMENDMENT OF ARTICLES OF INCORPORATION
The Corporation reserves the right to amend, alter, change or repeal any provision contained in these
Articles of Incorporation in the manner now or hereafter prescribed by the Colorado Nonprofit
Corporation Act. Unless otherwise required by the Act, amendments to these Articles for the sole
purpose of complying with the requirement of any governmental or quasi-governmental entity or
institutional lender authorized to fund, insure or guarantee mortgages on individual Lots may be
adopted by resolution of the Board of Directors and no member shall be entitled to vote on imy
amendment to these Articles of Incorporation for such purpose.
ARTICLE VIII
MISCELLANEOUS
Except as to a change in the number of Directors made by amendment to the Bylaws, whenever a
provision of the Articles ofIncorporation is inconsistent with the Bylaws, the provision of the Articles
3
of Incorporation shall be controlling. Whenever a provision of the Articles of Incorporation is
inconsistent with the Declaration, the provisions of the Declaration shall be controlling.
Unless otherwise defined herein, the words used in these Articles ofIncorporation shall have the same
meaning as set forth in the Declaration.
4
BYLAWS
OF
BIG R LOT OWNERS ASSOCIATION, INC.
ARTICLE I
OFFICES
The principal office ofthe corporation shaH be 28485 Highway 6 & 24, Rifle, CO 81650 situate in
Garfield County, Colorado, The corporation may also have one or more offices at such other places
as the Board of Directors may determine or the business may require.
, .
ARTICLE II
MEETINGS
Annual Meetings. The annual meeting of Big R LotOwn~rsAssociation, Inc. shall be held on a date
selected by the Board of Directors, but not later than July I of each year. At such meeting, the
president shaH report on the business and activities of the corporation during the previous calendar
year. The date, place, and hour of the annual meeting shaH be designated by the Board of Directors,
and the secretary shall cause notice of the meeting to be mailed not less than ten (10) nor more than
fifty (50) days prior to said annual meeting.
Special Meetings. A special meeting of the corporation may be called by the president or by the
Board of Directors or upon written request of one-half of the members in good standing, provided
such requests specity the purpose for which the meeting is called. The date of any special meeting
shall be not less than five (5) nor more than fifteen (15) days after the posting ofa mail notice. No
business shall be transacted at any special meeting except such business as shall have been specified
in the notice of said meeting.
Ouorum. The presence in person or by proxy of not less than a simple majority of the holders of the
total members votes shall be necessary to constitute a quorum for the transaction of business at a
meeting of members.
Proxies. Every member ofthe corporation entitled to vote at any meeting thereof may vote by proxy.
A proxy shall be in writing and revocable at the pleasure of the member executing it. Unless the
duration of the proxy is specified, it shall be invalid after ninety (90) days from the date of its
execution.
Order of Business. The order of business shall be as follows at all the meetings ofthe corporation
and the Board of Directors:
a. Calling of the roll;
b. Proof of notice of meeting or waiver of notice;
c. Reading of the minutes;
d. Receiving communications;
e. Election of officers and admission of new members;
f. Reports of officers;
g. Reports of committees;
h. Unfinished business;
!. New business;
J. Date and place of next meeting.
Any question as to priority of business shall be decided by the chair without debate. This order of
business may be altered or suspended at any meeting by a majority vote of the members present.
ARTICLE III
BOARD OF DIRECTORS
Number of Directors. The government, business, and property of the corporation shall be managed
and controlled by its Board ofDirecto(s. The affairs of th~ Corporation shall be governed by a Board
of Directors, consisting ofnotfewer than three (3) persons in accordance with the Bylaws, except
that there need be only as many Directors as there are Owners of Lots. The Directors may be
nonresidents of Colorado, but all Directors must be Owners of Lots, which in the case of corporate,
limited liability company or partnership ownership shall include the general partners, managers,
officers and directors of each such corporate, limited liability company or partnership Owner,
provided that so long as Declarant is the Owner of six (6) or more Lots, any person may serve as a
Director and the exclusive right to vote for the election of the Board of Directors shall be vested
solely in Declarant. Once the Declarant no longer has exclusive right to vote for the election of the
Board of Directors, the Directors shall be elected at the annual meeting.
Terms of Directors: At the first annual meeting at which directors may be elected, the members shall
elect from among the Lot Owners the Directors who shall serve a term of one year. At each annual
meeting thereafter, the members shall fill the respective vacancies by electing Directors from among
the Lot Owners who shall serve a term of one year.
.Nominations and Election of Directors. Nomination for election to the Board of Directors shall be
Imade at the annual meeting. Each member entitled to vote, or his proxy, may cast one vote with
respect to each vacancy in the Board of Directors by secret written ballot. The persons receiving the
largest number of votes shall be elected. Cumulative voting is not permitted.
Vacancies. In the case of any vacancy in the Board of Directors, the remaining directors,
notwithstanding the lack of a quorum, by an affirmative vote of the majority thereof, shall elect a
successor to hold office for the unexpired portion of the term.
Regular Meetings. Meetings of the Board of Directors shall be held whenever called by the president
or by a majority of the directors. There shall be a minimum of one (I) meeting per month. The
secretary shall cause written notice five (5) days in advance stating the time and place of each regular
meeting of the Board of Directors unless such meeting has been set at the previous meeting of the
Board of Directors, in which event, no further notice shall be required.
2
Special Meetings. Special meetings of the Board of Directors may be called by the president and/or
shall be called at the written request of two directors. Notice of such special meeting may be in
writing, in person, or by telephone a minimum of three (3) hours in advance of the meeting time.
This notice shall state the business for the transaction of which the special meeting has been called
and no other business other than that stated in the notice shall be transacted at such special meeting.
The secretary shall make a reasonable effort to contact each director.
Action Taken Without a Meeting. Any action which may be taken by the Board of Directors at a
meeting may be taken without a meeting if consent in writing setting forth the action to be taken
shall be signed before such action by all of the Directors. Any action so approved shall have the
same effect as though taken at a meeting of the Directors.
Ouorum. A majority of the.Board of Directors shall constitut.:;aquorum for the transaction of
business. If a quorum is not present, a lesser number may adjourn the meeting to a later date.
Conduct of Business. At meetings of the Board of Directors, business shall be transacted in such
order as provided in Article II of these Bylaws. At all meetings of the Board of Directors, the
president, or in this person's absence, a vice president shall preside. The secretary of the corporation
shall act as secretary at all meetings of the board, and in case of absence, the chairperson of the
meeting may designate anyone attending to act as secretary.
Board Decisions. The act of a majority of the directors present at a meeting at which a quorum is
present shall be the act of the Board of Directors, unless the act of a greater number is required by
law or by these Bylaws.
Proxies. Each director shall be entitled to vote at any meeting by proxy. A proxy shall be in writing
and revocable at the pleasure ofthe director executing it. No proxy shall be valid for more than one
(1) meeting.
Compensation. Directors as such, shall not receive any stated salaries for their services, but by
resolution of the Board of Directors expenses of attendance, ifany, may be allowed for attendance
at any regular or special meeting of the board. Nothing herein contained shall be construed to
preclude any director from serving the corporation in any other capacity and receiving compensation
therefor.
Removal of Directors. Anyone or more of the directors may be removed either with or without
cause, at any time, by a vote of two-thirds of the members present at any special meeting called for
that purpose.
ARTICLE IV
OFFICERS
Number. Officers of the Big R Lot Owners Association, Inc. shall be a president, a vice president,
secretary, treasurer and such other officers as the Board of Directors may authorize. The offices of
Vice President, Secretary and Treasurer may be held by the same person. All officers shall be
3
elected by the Board of Directors from among its membership at the first regular meeting after it has
been elected.
President. The president shall preside at all meetings of the corporation and its Board of Directors
and shall be, ex-officio, a member of all committees; shall perform such other duties as may be
prescribed in these Bylaws or assigned to him by the corporation or by the Board of Directors in
order that the purposes of the corporation may be accomplished. The president shall sign and
execute all instruments of conveyance as authorized by the Board of Directors.
Vice President. The vice president shall assume responsibilities as may be assigned by the president.
The vice president shall be president elect and shall perform the duties of the president in the absence
or disability of that officer to act.
Treasurer. The treasurer shall be responsible for rereivingancl disbursing the funds of the
corporation and shall keep all monies of the corporation deposited in its name. At regular intervals,
the treasurer shall make rep6rts to the Board of Director. .
Secretary. The secretary ofthe corporation shall cause the minutes of each meeting of the Executive
Committee and the Board of Directors to be kept in proper form and shall attest all official papers.
The secretary shall so give notice of all meetings in accordance with the Bylaws and shall sign, as
secretary, documents and instruments authorized by the Board of Directors and shall have charge of
the seal of the corporation.
Vacancies. All vacancies in any office shall be filled by the Board of Directors without undue delay,
at its regular meeting, or at a meeting specially called for that purpose.
ARTICLE V
COMMITTEES
The president may appoint, with the approval of the Board of Directors, any committees it is deemed
necessary to properly carry on the business of the corporation. These committees are to be used to
study certain facets ofthe total operation and make recommendations to the Board of Directors for
action. Members of the committees may be any person felt best qualified to serve on the specified
committee.
ARTICLE VI
CONTRACTS, CHECKS, DEPOSITS, AND GIFTS
Contracts. The Board of Directors may authorize any officer or officers or agent or agents of the
corporation, in addition to the officers so authorized by these Bylaws, to enter into any contract or
execute and deliver any instrument in the name of, and on behalf of, the corporation, and such
authority may be general or may be confined to specific instances.
4
Checks, Drafts, or Orders. All checks, drafts, or orders for the payment of money, notes or other
evidences of indebtedness issued in the name of the corporation, shall be signed by such officer or
officers or agent or agents of the corporation, and in such manner as shall from time to time be
determined by resolution of the Board of Directors. In the absence of such determination by the
Board of Directors, such instruments shall be signed by the treasurer or an assistant treasurer and
countersigned by the president or a vice president of the corporation.
Deposits. All funds of the corporation shall be deposited from time to time to the credit of the
corporation in such banks, trust companies, or other depositories as the Board of Directors may
select.
Gifts. The Board of Directors may accept on behalf of the corporation any contribution, gift,
bequest, or devise for any purpose of the corporation.
Conflicts of Interest.
a. Disclosure. Every member of the Board of Directors and all officers of the corporation shall
disclose any conflict of interest that exists regarding any transaction, purchase, contract or other
pecuniary transaction of the corporation for which the director or officer exercises a substantial
discretionary function on behalf of the corporation. A conflict of interest exists when the director
or officer is additionally a director, president, general manager, partner, executive officer or owns
or controls directly or indirectly a substantial interest in any non-govermnental entity participating
in the transaction with the corporation.
b. Non-Participation. In addition to disclosing the potential conflict of interest as set forth
above, any member of the corporation shall refrain from participating in or exercising any
discretionary function concerning such matter. Should such member or officer fail to voluntarily
refrain from such participation, the Board of Directors, by majority vote, may compel such director
or officer to refrain from such participation.
ARTICLE VII
BOOKS AND RECORDS
The corporation shall keep correct and complete books and records of account and shall also keep
minutes of the proceedings of its members, Board of Directors, committees having and exercising
any of the authority of the Board of Directors, and shall keep at the principal office a record giving
the names and addresses of the members entitled to vote. All books and records of the corporation
may be inspected by any member, or his agent or attorney, for any proper purpose at any reasonable
time.
ARTICLE VIII
FISCAL YEAR
The fiscal year of the corporation shall be the calendar year.
5
ARTICLE IX
SEAL
The Board of Directors shall provide a corporate seal.
ARTICLE X
AMENDMENTS
The directors, by an affirmative vote of two-thirds (2/3) vote of the membership of the Board of
Directors, may make, alter, or amend the Bylaws of this corporation without notice at any regular
meeting, or any special meeting if mention thereof is contained in the notice of the call of any such
meeting.
DULY ADOPTED by the Board of Directors of Big R Lot Owners Association, Inc.
on the __ day of , 2006.
By~~ __________ _
President
ATTEST:
By ___________ __
Secretary
6
Page I of3
Barb Clifton
From: Roussin, Daniel [DanieI.Roussin@DOT.STATE.CO.USl
Sent: Tuesday, December 06, 2005 3:42 PM
To: Barb Clifton
Subject: RE: Big R Commercial Park Subdivison
Barb -Thank you for letting me review this and this appears to be good. If you have any additional questions
about access permits, please contact me.
Dan Roussin
R3 Permit Manager -Traffic
From: Barb Clifton [mailto:bclifton@rof.netj
Sent: Tuesday, December 06, 2005 3:40 PM
To: Roussin, Daniel
Cc: 'VanDomelen, Peter'
Subject: Big R Commercial Park Subdivison
Dan,
Thanks for talking with me today regarding the proposed covenants for the Big R Commercial Park Subdivision.
have revised the covenants per our conversation. Specifically, I deleted the square footage limitation on the
building permit trigger for a trip generation estimate and clarified the need for a traffic study at a 20% increase
over the existing permit. Please review and let me know if these are acceptable. I will need your written
approval (e-mail is fine) for final plat submission to the County. Thanks again.
Barb
ARTICLE XII
ACJ':ESS AND UIILlTIES
12.01 Access. Declarant has dedicated as a public right-of-way the road identified as Big R
Road and as shown on the final plat of the Subdivision and assigned to the Association the two Colorado
Department of Transportation Access Permits for the Subdivision. Public access to and from Big R
Road is via State Highway 6 & 24 pursuant to Colorado Department of Transportation ("COOT")
Access Permit No. 399020. Public access to and from Lot I also is currently available via State
Highway 6 & 24 pursuant to COOT Access Permit No. 399019 and a historic unpermitted access. The
historic unpermitted access may be eliminated upon the upgrade of any COOT permits. Permit No.
399020 provides for 200 average daily trips for general light industrial use. Permit No. 399019
provides for 200 average daily trips for 60,000 square feet of warehousing. New permits in compliance
with current COOT regulations and the current State Highway Access Code (2 CCR 601-1) will be
required as set forth below.
12.02 CPOTPer!l1iCCmllpliance. The Association shall be responsible for monitoring
compliance with the terms of the permits and obtaining new or amended permits if and when necessary
as set forth below. Prior to the submission of an application for a new building permit on any of the
Lots, the Association shall obtain a trip generation estimate from a registered professional engineer
using methods approved by Institute of Transportation Engineers for the new building and its proposed
use. The trip generation estimate and the most recent up-to-date count of the actual average daily trip
8/24/2006
Page 2 on
analysis shall be supplied to Garfield County with any building permit application. If the addition of the
trip generation estimate to the actual average daily trips exceeds 20% of the permitted average daily trips
for the related access under the then-existing permit, the Association shall obtain a traffic study from a
registered professional engineer and new permit( s) from COOT as necessary.
The Association shall be bear the cost of the traffic counts, trip generation estimates, traffic
studies, new permits, and any other improvements necessary to comply with the permits, including but
not limited to professional fees and construction costs. Depending on the results of the traffic study,
required improvements may include left-turn deceleration lanes, right-turn deceleration lanes, left-turn
acceleration lanes, right-turn acceleration lanes, signalization and elimination or relocation of one or
more access points. The Association shall then allocate those costs to each Owner in proportion to the
actual average daily trip limitations for each Lot set forth in Section 12.03. Costs of the traffic counts,
traffic studies, new permits, and any other improvements necessary to comply with a new or amended
permit providing access only to Lot 1 shall allocated solely to Lot 1.
12.03 lvIJ1intenallc~ofBig_R Road. Declarant is responsible for constructing the public right-
of-way identified on the final plat as Big R Road to Garfield County standards for a minor collector
road. Actual average daily trips for a minor collector road cannot exceed 2,500. Lot limitations for
actual average daily trips on Big R Road are as follows: Lot 1 -200; Lot 2-400; Lots 3 through 10,
inclusive -200 each. The Association has the right to conduct periodic traffic counts to determine that
the Lot limitations are observed and to take any action necessary to enforce compliance with the
limitations. The Association also shall maintain and repair Big R Road. Maintenance services for
which the Association shall be responsible include, without limitation, snow and ice removal, sanding,
resurfacing, striping, painting, and similar services, as well as necessary landscaping.
12.04 Maint~nanceQfEill>_ements. Declarant is responsible for constructing the Emergency
Ingress/Egress as shown on the final plat of the subdivision. The Association shall maintain and repair
the Emergency Ingress/Egress as well as the Fire Tank Access as necessary. Maintenance services for
which the Association shall be responsible shall include, without limitation, snow and ice removal,
sanding, resurfacing, striping, painting, and similar services, as well as necessary landscaping.
8/24/2006
Page 3 of3
12.05 Utilities. Declarant hereby establishes for the benefit of each Lot and all Lots within the
Subdivision nonexclusive, common and perpetual easements for the location of utilities, including but
not limited to water, sewer, electricity, gas, telephone, telecommunication, and cable service. The
location of such easements shall be in conformity with the final plat for the Subdivision.
8/24/2006
08-28-2005 15:51 9705254135 PRGE2
I.H·:.I'-"OHE TUL\ crT''r' COUNCIL OFIIIF CITY OF IUFLF, COLORADO
-------------._--------.
CONCERNING TilU APPLICATION FOR A W ATERSHEJ) DISTRICT PERMIT OF RIG R
ENTERPRISES, LLC TO CONSTRUCT A TEN LOT COMMERCIAL SUBDIVISION TN THE
COLORADO RIVER WATERSHED
FINDINGS OF FACT, CONCl.usrONS OF r.AW AND APPROVAL OF WATERSHED
DISTRICT PERMIT NO-1-05
I. BACKGROUND
I. In Decemher, 2004, Big R Enterprises, LLC (the "Applicant") applied 10 the City
of Rifle (the "City") for a watershed district pemlit to construct and utilize a ten (10) lot
commercial subdivision 011 32 acres accessed by Highway 6 & 24 (the "Project"). The lots will
likely be developed for cOllunercial and light industrial uses; howevcr, their end usc were unknown
at the time of application. The legal description of the property on which the Project will be
constructed is described on Exhibit A attached hereto and incorporated herein by this refen;ncc.
The Project is located within five (5) miles of the City's Colorado Rivcr water intake structure
within the City'S Watershed District jurisdiction and the application was submitted pursuant to
City of Rifle Ordinance No. 22, Series of 1994, codified in Chapter 5 of Title 10 of the Rifle
Municipal Code ("RMC").
2. For the purposes of this pennit (the "Pennit"), the application shall consist of the
watershed pcrmit application, a report from Colorado River engineering, Inc. dated Deccmber 10,
2004, a Sediment and Erosion Drainage Plan dated Octoher 12,2004, and a Preliminary Plan Plat
Map dated Jun~ 21,2004, all correspondence and materials submitted to the City by th~ Applicant
or its agents, as well as all representations, whether oral or written, made as part of tile application
and public hearing process. These items shall be collectively referred to herein as the
"A pplieiition."
3. Following the receipt and review of the Application and a sit~ visit in October 2004,
Michael Erion, P.E. of Resource Engineering, Inc., Consulting Professional Engineer lor the City,
submitted his findings to the City regarding the Project in a letter dated February 15, 2005,
attached hereto as Exhibit B and incorporated herein by this reference (the "Erion Lettcr"). The
Erion Lettcr concluded that, so long as the Project i.s constructed ill compliance with the
Application and Garfield COllnty approvals, the proposed activity to be perlbmled does not prescnt
or creilte a clear or foreseeable risk of significant injury to the City's waterworks or pollution to
the City water supply and is therefore classified as a Minor Impact under the RMe.
4. Any and all other pcrmits issucd or to bc issued by county, state andlor federal
agencies in relation to the construction of the Project arc incorporated herein by this reference.
1:\2005\Clitnts\RillelR-1(104)llil!1t \ I,} I! 1 \1){II~un't<:lll~\W ,~I'cl1niWl-O). wpd -1-
08-28-2006 16:51 9706254136
City of Rille, Colorado
Water,hed District Permit No. 1-05
Big It Enterprises, LLC
PAGE3
II. FINDINGS OF FACT
5. The proposed activity is within the defined bOllndarics of the City's Watershed
Dislricl as defined in RMC § 10.05.020, specilic(lily within five (5) miles oCthe City's Colorado
River municipal water diversion and inlakt! slruclure. The proposed aClivilies include the
constl'uction of a ten (10) lot subdivision and associated improvemenls.
G. The Applicalion liled by the Applicant is complete,
7, The Applicant has paid the application fcc requin;d under RMC § IO.05.050(A)(7).
8. A duly notiGed Public Hearing was held before the Rifle City COllncil (the
"Council") on March 16, 2005. At the hearing, testimony was presented by Jim Nell, the Assistmll
City Alton1eY, and Michael Erion regarding the activities proposed by the Applicant and the
applicability of the City's Walershed Districl Ordinance, Mr. Nell explained to the Council that
its jurisdiction on lhis mallt!r extended five (5) miles beyond dle City's Colorado River intake
point, and that it's authority was limited to the prott!ction orthe City's water quality and supply,
Mr, Erion explained the provisions of the Pennit, and recommended issuance ofthe Pennit subject
to the terms and conditions set forth in the Erion Letter, which cla~silied the proposed activities
as a Minor Impact pursuant to RMC § I O.OS.OSO(B)(3). Mr. Erion testified regarding his site visit,
his knowlt!dgt! of the Project, ant! the conditions slaled in the Erion Letter. Brian Brown, P.E. of
Colorado River Engineering On hehalf of the Applicant also provided testimony regarding the
Application and the proposed activities. Tcstimony was opened up for memhers of the public.
9. The Council expressed eonee!'llS rcgarding any change in ownership, lesset! or use
onhe lOIS after build o lit of the Project and wanled to ensure compliance with this Pemlit and the
Watershcd District Ordinance. To resolve this concern, the Council found that an additional
condilion must he placed in tht! Pt!mlit to require notificalion lO the City upon those evenls and
continued inspections by the Cily to ensure uses d(l nol pose a risk to the City's watershed. 'With
those conditions in place, and those stated in the Erion Letter, the Conneil finds that the proposed
a<;tivities do not prcscnt or crcate a clear or foresecable risk of signil1<;aTlt injury to thc City's
wal~rworks Or pollution to the City water Sllpply if the Project is constructed as proposed in the
Application mul so long as the A pplicant adh~res to all conditions in the Garfield CounlY approvals
issued for the activity, As stated in the Erion Letter, because the end use of each lot is unknown
and the size of the lot and potential activity lnily be regulated by the City's Watershed DistriCl
Ordinance, t.he City nt!eus Lo review each enuuse of each lol prior lo tht! issuance of a building
permit by Garfield County 10 ensurt! compliance with the City's Watershed District Ordinance, In
addition, as required by Council, each change in owner, lessee or use nlllst also notify the City so
it may review each end ust! to ensure compliance with the City's Watcrshed District Ordinance,
10. The Council hemby tlnds and determines that the issuance of the Permit requires
Lhe inclusion of c(lnditions as sel forlh in lht! Erion LeLltlr and as outlined above, that such
1:\1005\Clicllu\RitlelR-"l()04)llir,l( .19111 \1 )(:I:llln""t~~\WSJ'.::nlliIOl·O~. WjlJ -2-
08-28-2006 16:51 9706254136 PAGE4
City of Rifle, Colorado
Watershed fJisiri,\ Pcm1ii No. I-OS
Big R I'nlL'l"pri,cs, LLC
conditions are necessary 10 prevent a risk of injury to the City's waler works ,IUd pollution of the
City's water supply, and thai such conditions arc authorizeu pursuanlto Sections I 0.05,050(D) and
(E) of the RMC.
III, CONCLUSIONS OF LA W AND ISSUANCE OF PERMIT
II, The foregoing Findings of Facts are incorporated herein hy reference.
1.2, The City has jurisdiction over the proposed activity pursuant to !{Me ~ I 0.05.020
orthe and City of Rifle Ordinancc Nt). 22, Series or 1994,
13. . Based on lhe evidencc presented at the Puhlic Hearing and the Erion Letter, the
Council hereby determines that this decision shall constitute a Watershed District Permit for the
construction and use of (he Project as more fully outlined in th" Application, The conditions of
approval recommended by Mr. Erion in the Erion Letter, as amended by Council at the public
hearing, are hereby approved and adoptcd hy the Cotlneil as conditions of approval oflhis Permit,
including, without limitation, the following:
Prior to the issuance of a building pcrmit for each lot, lhe building; pennit applicant
shall submit its plans for development and usc oftile lotto the City ofRiflc for staff
review to ensure compliance with the City ofRitle Watershed District Ordinance
and this Permit. If a separate Watershed District Penni! is requircd foJ' the
development 01' usc of the lot, such permit shall be required prior to the issuance of
abuilding permit. If the development al1li use of the lot complies with this Permit
and a separatc Water~hed District Permit is not required as determined hy staff, the
City shall issue a Leller of Compliance enabling the issuance ofa building permit
for tlle 101.
• Upon any change or ownership, Jessee or use of any lot in thc Project, the owner.,
lessee or user shall no!i fy the City of its plans for the usc of the lot with enough
specificity for the City of Rille slalT to review to ensure compliance with the City
of Rifle Watershed District Oruinance and this Penni!. If a separate Watershed
District Pem1it is required for the new development 01' usc of the lot, snch pcrmit
shall be rcquired pursuant to this Permit and tho Watershed District Ordinance. If
the new development or usc of thc lot complies with thi~ Permit and a separate
Watershed District Pemlit is not required as detennilled by statl~ the City shall issue
a Letter of Compliance cvidencing compliance with this Permit. Upon such change
of ownership, lessee or lise, the City shall inspect the lot at the expense of the
Applicant to ensure compliance with lhe temlS and conditions ofdlis Permit and the
Watershed District Ordinance,
• The Final Plat for the Project shall contain a plat note stating that the Property is
':\?:005\ClknL~\I~i 1l..:\H -J(30~)aisft·I?S 1 'f)oi:umcnto'. WSPcITnitO 1-05 . wpd -3-
08-28-2006 16:52 9706254136 PAGE5
City of Rille, Colorado
Watershed J)i~trict Penn It No. 1-05
nig R Enterprises, I.I.C
subject to City of Rine Watershcd Dislritot Permit No. 1-05 rtlcorded with thc
Garfield County Clerk and Recorder as Reception No. and the
conditions contained therein. includ ing without limitation the requircmcntthat each
lot obtain 11 Letter of Compliance from the City prior to the issuance of a building
permit, and upon any change of ownership. lessee or ~Lse of any lot, the owner,
lessee or user shall notify the City of Rifle of its plans i(lr the use 0 J' the lot with
cnough specificity for the City of Rifle staff to review to ensure compliance with
the City of Rifle Watershcd District Ordinancc and this Penllil.
• Tho Project shall be inspecled lwice each year by the City at the expense of thc
Applicant to cnSLLre compliant;" with lhe tenus and conditions of this Permit.
• All uses within the Project shall comply with all applicable federal, state, and
C(lunty regulations regarding storage, handling, imd disposal of any hazardous
suhslances; wastewater dispo~al; and stonnwater management.
In addition, all representations, whether oral or writtcn, made hy the Applicant and/or its
agents as part of the application and public hearing proccss shall he comlilions of approval of lhe
Permit.
14. All conditions of approval eontaincd within any permit issued to the Applicant for
the Project by imy county, stale and/or federal agency shull be deemed conditions of approval of
this Pcnni!. Any violation of the conditions of any other such permit issued shall be deemed a
violation of this Permit subject to all ofthe remedies provided for herein.
J.5. A copy of this Permit shall be sent by certified mail, rcturn receipt requested, to the
Applieimt.
16. This Permit shall not be effective until approved by the City and agreed to by the
Applicant.
Dated this , __ day of ______ , 2005.
CITY OF RIFLE, COLORADO
By _ ...... _ ... _-_ .. --------
Mayor
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08-28-2006 16:52 9706254136
Clly or Rllk, Colorado
W~lcr;h"d l>islri"t Permit No. 1-05
Big R Enlerprises, LtC
ATTEST:
City Clerk
PAGE6
City of Ritle Watersh(:Jd District Pennil No. 1-05 accepted and agreed to Ihis ___ day
of___ ..... ___ , 2005.
BIG R ENTERPRISES, LLC
By: _ .. __ ...... _._ .. -----------
Bob Regulski, Manager
I :\200~\C.Ii~ni ~;\I{ i nC\1{ -3(304 )Bil:R-) q R I \I), 1\:lIl1l1!lIl~\ wSPcnnitO 1-{l5 wpd -5-
08-28-2006 16:52 9706254136 PAGE7
Exhibit A
SurvCo, Inc.
Professional Land Survt"vin~ Services
Legal Description
Big R Commercial Park Subdivision
A tract of land bein~ situated in the East y, of Section 11, Township (, Sonth, Range 93 W(:3t. of
the 6 th P.M., County of GarJicld, State of Coluradu, said tract of land being described by metes
and bounds as follows:
neginning at the Southwest corner of the SEl/4NE1I4 of said Sectiun 11, said Southwest comer
being a standard monument and brass cap, I'LS No. 9009 found in place; thence S.88°58 'OS"E.
302.16 feet along the South lin" of sHid SE1I4NE1I4 to a point on the NOIihe!'ly Right of Way
line of Colorado State Highway No.6; thence S.64"27'OO"W. 1340.79 feet along said NOIiherly
Right of Way; thence departing said Northerly Right of Way line N.O I °03 '22"E. 599.98 feel to a
point 00 the South line of the SWI/4NEI/4 of said Section II; thence S.Sgo58'05"E.l03.04 feet
along the South line of said Sw 114NE1I4; thence departing said South line N.Ol °09' 17"F.,
1318.21 feet to a point on the NOlih line of said SW1/4NE1I4; thence along said North line
S.H9°0 I '49"E. 792.09 feet to the NOIiheast cornel' of said SWI/4NEl/4; th~"Ilec S.OI °05' 19"W.
1319.17 feet along the East line of said SW1I4NE1I4 to the Point offlegillning.
Said tract ofland contains 32.26 acres as described.
6560 County Road No. 335. Unit NO.6
P.O. Box 826
New Castle, Co. 61647-0626
Ph: (970) 964·9119 Email: sU/vco@earthlink.net Fax: (970) 984-3993
PROPE.'HY DESCRIPTION
A TRACT OF" LAND SITUATED IN SECTION IJ, TO'w'NSHIP 6 SOUTH, RANGE 93 'w'EST OF" THE 6TH
P,M" COUNTY OF" GARFiELD, STATE OF" COLORADO, SAID TRACT OF" LAND EDNG DESc.:'IBED 3Y
METES AND BOUNDS ,4S F"OLLO'w'SI
BEGINNING AT THE SOUTH'.lEST CORNER OF" THE SEJ/4NEI/4 OF" SAID SECTION III
THENCE S,89'40'36'E. 300,83 rEEl) THENCE S,63'43'02''w', 1337,91 rEET)
THENCE N,00'12'00''w', 597,08 rEETI THENCE S,89'48'45'[, J04,57 rEETI
THENCE N,00'21'56'E, 1318,18 rEETI THENCE S,89'52'06'[, 793,77 rEETI
THENCE S,00'15'20''w', 1318,95 rEET TO THE POINT OF" BEGINNING,
SAID TRACT or LAND CONTAINING 32,31 ACRES, MORE OR LESS,
Current Janllary 200-1
APPLI C A TlON TO MEND ATER L EASE FROM
W ES T DIVID E WAT ER CO NSE RVAN C Y DI STRI C T
Co ntract # 040 5 I 8BRCP(a)
Ma p #5 00a-500j
Date Activ ated 5/18/04
Date Am e nd ed 10/28/04
109 Wes t Fo urth Str ee t, P. O. Box 1478 , Rifl e , Co lorado 8 1650
I. APPLI C ANT I NF ORMATION
Na me "Big R Co mme rc ia l Pk", Ri fl e Ski Corp c/o Robe rt Regu lsk i
Mailin g Add ress: PO Bo x 9 Ri fl e, Co lorado 8 1650
Tele p hone : 970-625 -2410
Auth or ize d age nt: Chri stop her Ma nera. Co lor ado River Eng , Inc .
2. C OURT CASE #'s: Dec ree Cas e No . _______ _
Au g mentation Plan Ca se No .
3. USE OFWATE R
o R ES ID ENT IA L (c heck a ppli ca bl e bo xes)
o O rd in ary hou se ho ld use Nu mber of dw e llin gs: o Subd ivis ion: No. constru ct ed unit s: No.-v-a-c-aJ-lt-l-ot-s-: --
o Ho me ga rden/law n irri ga ti on of sq. ft.
Met hod of irri gat io n: 0 fl ood 0 sprin kl er 0 dr ip 0 oth er
o No n-co mm ercia l anima l water ing of anim a ls
o Fir e Pro tectio n
Well S harillg Agreem ellt Jor multiple o Wll er wells mllsl b e
s ubmitted.
o C OMM ERC IAL (check appli cabl e box es )
Numb er of unit s: __ IO 10t L To ta l sq. ft. of com merc ial unit s: N/A
Des cr ipt io n of use: No t full y dev eloped , vaca nt lots fro m 2 to 9--
ac res±. Zoned Comm ercial Gener a l. pen din g co unty s ub -d iv is ion .
Com merc ia l uses -in-ho use supp ly and ou ts ide uses to includ e
irr igat ion and vehi cle wa shin g.
o IND USTRIAL
Des cr ipti on of use :. _________________ _
Eva p o r a ti o n: Max imum wa ter sur face to be ex pose d :,--,-___ _
Des cr iption of any use, ot her than evaporati on, and me thod of
d ivers io n, rate o f d ive rs io n, and annual amoun t of d ivers io n of any
wat e r withdraw n fro m the pond: ____________ _
o MU NIC IP AL
Des c ription ofuse .. · _________________ _
4. SOURCE O F WAT E R
Stru ct ur e: Up to 10 We ll s
Sourc e: 0 Surface
Struc tur e Nam e: Big R We ll s I to 10
o Stora ge 0 Ground wate r
Curr ent Pe rmit H _::-::-_________ (if app licab le)
o Direct Pump in g: T ribut ary: ____________ _
Loca ti o n: ___________________ _
5. LO C ATI O N OF ST RU CTUR E
Ga rfi e ld NW /SE and S WINE
Co unty
II
Quarter /qu art er
6S 93 W
Quart er
61h
Sec ti on Town shi p Range Pri ncip a l Me rid ia n
Distance o f well from se ct ion li nes .See Attac hed Li st
E leva t ion :,-"'53"'7"'0'----__ _
We ll loca ti o n address: 28485 Highwa y 6 & 24 . Rifl e, CO
(Allac" addilional pages/ol' /11l1l l iple sll'lI Cl lIl'es)
6. LAN D O N WHI C H WAT E R WILL BE USE D
(Legal d es cnjJti on ll1 ay b e pro vided as an atla chmenl.)
Parcel pendi ng subd ivi sion int o 10 lots, see ske tch plan for parc e l
lega l des cr ipt ion and pro posed lot layo ut.
Num ber of ac res in tr ac t: ~3",2.,.;.3!JI ___ _
In clu s ioll illto th e Districl , at Applicallt 's expell se, may b e
required.
7. TY PE O F SEWAGE S YST EM
o Sept ic ta nk/ab so rpt ion leach fi eld 0 Cen tra l sys tem 0 Ot her
Distri ct na me: ___________________ _
8. VO LUM E O F L EASE D WA TE R NEE D E D IN AC RE
FEET : 11 .03 (min imum of I acre foo t)
Pr o vifle engineerillg flala to support volume oJ water re qll eslefl.
Co mmercial, I",mid pal, alld illllu strill iusers must provide
di ve rs i o n fIIul cO ll sumptive data 0 11 lIlII Olllhly basis.
A to talizillg j1ow m eter witll rem ote readolll is requirefl t o b e
ill s talle fllllld II Mlge reporled to Wesl Dillitle.
Applicallt eXJlre~il'ly ackll owl edges it has had Ill e oppo rtullity to
re view th e Dist ric t 'storm '·Vater A llolment CO lllra cl (IIul ag rees
this application is made purs llant alld subjecl t o til e terms alld
couditiolls conta in edlhereiu.
Applic at ion Dat e: to ~,;) /-0 '/
eli4ih IhJ. /'
Appli ca nt Signature ........
App lica nt Signatur e
DAT E A PP ROV ED: __ ~ Mh Y
WES T DIVID E WAT ER CON SE RVAN CY TR ICT
C\
n
c..
c\
e
+
:3
\0
j
Table 1
Big R Commercial Park
Annual Well Diversion and Consumptive Use Limits
DEMAND ESTIMATES
Outside use
Diversions Diversions Consumption Consumption Employees Irrigated Area (veh wash)
Lot Acreage (acre-feet) (gallons) (acre-feet) (gallons) (sq.ft) (gal/day)
1 8.91 3.35 1,092,904 2.43 791,103 24 18000 1200
2 3.91 2.24 728,603 1.62 527,402 16 12000 800
3 2 0.96 312,969 0.68 222,270 6 8000 200
4 2 0.96 3'12,969 0.68 222,270 6 8000 200
5 2 0.96 312,969 0.68 222,270 6 8000 200
6 2.01 0.96 312,969 0.68 222,270 6 8000 200
7 2.03 0.96 312,969 0.68 222,270 6 8000 200
8 2.87 0.96 312,969 0.68 222,270 6 8000 200
9 2.45 1.51 492,969 1.23 402,270 6 8000 200
10 2.33 0.96 312,969 0.68 222,270 6 8000 200
Totals 13,83 4,505,256 10,06 3,276,665 94000
Notes:
-Div Demands = It of employees @ 30/gal/day + irrigated area * 2.33 feet cu demand/80% app eft. + vehicle washing
-Consumptive Use = 15% employee demands assuming ISDS treatment + irrg cu + 100% vehicle washing
-Table prepared to show the amount of water available to each lot covered under the water augmentation contract through the West
Divide Water Conservancy District. Water demands could be increased by each lot but would require amendment of water contract
(see subdivision covenants). Water contract totals 11.0 ac-ft and assumes 10% conveyance assessment.
-Lot 9 well includes additional 180,000 gallons per year for fire fighting water storage tank.
DEMANDs.XLW
Summary All 7/6/2004 by: Colorado River Engineering, Inc.
,,~
::;
1 ;
;
0""
;
; ;
('I 0'"
(101
Table 2
Water Diversion-and Consumptive Use Demands
Big R Commercial Park -Lot 1
~~~~ J. ~AN~~FEB~' ~M~AR~~ APR~~ MA~" ~~J'LU~NI ~~UL;;;~AUG~'~SS'E~" OCTI NOVI DEC
I"" 0.069 0.062 0.060 )066 ).069 ).066 O. 0.069 )066~ 0.066 0.069
I,,·. ).09' .21; I .26 1 0.2: 0.176)1! i 0.067
I,,·, 0.114 0.10 0.114 Jlc 114 0.114 0.114 0.110 .114
1'0'
I"." 0.:
I 0.010 0.00 0.01' 0.01
I~
, !
0.01
O.
0.124 0.11: I 0.1241 0.195 0.29
0.010
0.2'
0.331
" ;:;
. )10 O.
O.
~0.250
0.01C 0.01
0.12C 0.05 I
'.11
.315 0.265 0.2'
.010 0.01'
).120 0.124
I
, ,w"" Con'''c' Amoun' I Y'" ,ound "II "d 10%· "0," !'om "p,',e,m
SUMMARY OF INPUT DATA USED IN CALCULATING DEMANDS
In·house uses (1):: (A) X (8) x C) x days in monlh J 325800
(2) = (F) , (J) I (G) (All!n-house
(B:I~n'house use
(C) E:nployees
(0) In-house deoletion
Outside uses
(E) Irrigated area
(F) Irrigated Area
(G) Irrigation Efficiency
(H) Vehicle/washing
(I) Fire Fighting tank Refill
6 units '
30 gal/day/employee
4 per unit
15% (15DS Treatment)
3000 sq.ft.!unil
0.413 acres'" (A) x {D)f43560
80%
200 gaildayJunil (assumed 100% depletive)
o gal/year
Unit Consumptive Use Demands (Irrigatio'n and Water Feature Uses, if any)
(3) :: (A) x (H) x days in monlh/325800
(4):: (1)/12 months
(5)' (1), (D)
(6)' (2)' (G)
(7) = (3)
(8)= (4)
(9) =: (5) + (6) + (7) + (8)
(10):: {(9) x 10%} +(9)
0.81
1.20
.34
3.35
2.4:
2.67
JANI FEB MARl APR MAY I JUNI JULI AUG I SEPI OCTI NOVI DECI ANNUAL
(J) Irri ation feet 0.001 0.00 0.00 0.181 0.421 0.51 0.461 0.34 0.29 0.13 0.00 0.00 2.33
Big R Commercial Park -Lot 2
JAN FEBI MA~' APRI MA' I JUN, ~ AUG SEPI Oen NOV DEC
ill I 0.11: ::: .1I0n ).06: 0.8C
, w,'" I,~. 0.076 .069 0.07e Oc074 0.074 .074 0.076 -'2'
i , "~' I I ,
0', I .239 ).12: 2.2<
~ I ~ , I 0.00; .006 0.00 0.00 0.007 0.007 0.00 0.007 ).00; 1.00 0.007 )007 , ; ,,, .. O .. ~ 0.116 0.140 1.03 ~
,,~. ).91
18: Fi,. ;ohllno' 0 )00
191 Tot, 0.08: 1.075 )083 0.130 0.199 0.221 0.21 I 0.1" 1.160 I 0.11' 1.080 I 0.0831 1.62
I I ,
,',0: , W",,, i , ,o""d c,1I ond 10% , ,10'" !<om i 1."
SUMMARY OF INPUT DATA USED IN CALCULATING' DEMANDS
~n·house uses
(A)I!n-house
(B}I~n-hous.e use
(C) Em Ployees
(0) In-house deoletion
lOuts ide uses
(E)lirrigated area
(F) Irrigated Area
(G)I.lrrigation Efficiency
(H}[yeh i ele/washing
(I) Fire Fighting tank Refill
4 units
30 gal/day/employee
4 per unit
15% (ISDS Treatment)
3000 sq.ftJunit
0.275 acres:: (AI x (D)/43560
80%
200 gal/day/unit (assumed 100% depletive)
o gal/year
Unit Consumptive Use Demands (Irrigation and Water Feature Uses, if any)
JAN FEB I MAR APR MAYI
(J) Irri ation teet 0.00 0.001 0.00 0.181 0.':2
JUN
0.511
7/61200t; Colorado River Engineering
(1) :: (A) x (8) x C) x days in month J 325800
(2) , (F) x (J) I (G)
(3) :: (A) x (H) x days in month/325800
(4):: (1)/12 months
(5)' (1) x(D)
(6) = (2) x (G)
(7)= (3)
(8)' (4)
(9) = (5) + (6) + (7) + (8)
(10):: {(9) x 10%} +(9)
JUL AUG SEP
0.46 0.34 0.291
OCT NOVI DEC ANNUAL
0.131 0,00 0.00 2.33
M: \C R Ejobfiles \600-Big R\D E MAN Ds.XL W
Table 3
Water Diversion and Consumptive Use Demands
R Commercial Park -Lots 3 th and 10
" ,
SUMMARY OF INPUT DATA USED IN CALCULATING DEMANDS
lin-house uses
(Allin-house
{~:I;n-house use
(el Employees
(D) In-house depletion
Outside uses
(E) Irrigated area
(F) Irrigated Area
(0) Irrigation Efficiency
(H) VehicieAvashing
(I) Fire Fighting tank Refill
7 lots
30 gal/day/employee
6 per lot
15% ISDS Treatment)
8000 sq.fUunil
1.286 acres = (Al x (D)/43560
80%
200 gal/day/unit (assumed 100% depletive)
o gal/year
Unit Consumptive Use Demands (Irrigation and Water Feature Uses, if any)
(1) = (A) x (B) x C) x. days in month 1325800
(2) = (F) x (J) I (G)
(3) '" (A) x (H) x days in month/325800
(4) = (1)/12 monlhs
(5) = (1) x (D)
(6) = (2) x (G)
(7) = (3)
(8) = (4)
(9) = (5) + (6) + (7) + (8)
(10)= {(9) x 10%} +(9)
JAN FEB I MAR APR MAYI JUN JULI AUGI SEP OCT NOV DEC ANNUAL
(J) Irrioatlon feet 0.001 0.001 0.001 0.181 0.421 0.511 0.46 0.341 0.291 0.131 0.001 0.001 2.33
Bi R Commercial Park -Lot 9 ,
SUMMARY OF JNPUT DATA USED IN CALCULATING DEMANDS
rn-house uses
1 lots
30 gaifdayiempioyee
6 per 101
15% (1505 Treatment)
SOOO sq.ft.lunit
0.1S4 acres = CA) x (0)/43550
SO%
200 gal/day/unit (assumed 100% depletive)
180000 gal/year
Unit Consumptive Use Demands (Irrigation and Water Feature Uses, if any)
JAN FEB I MAR APR I MAY
(J) lrnoation feet 0.001 0.00 0.001 0.18 0.421
JUN'
0.511
(1) = CA) x (8) x C) x days in month I 325800
(2) = (F) x (J) I (G)
(3) = CA) x (H) x days in month!325800
(4) = (1)/12 months
(5)=(1) xeD)
(6) = (2) x (G)
(7) = (3)
(8) = (4)
(9) = (5) + (6) + (7) + (8)
(10) = {(9) x 10%} +(9)
JUL AUG SEP OCTI
0.46 0.341 0.291 0.131
NOVI
0.00
DEC ANNUAL
0.001 2.33
7/6/2004 Colorado River Engineering M :\CR Ejobfiies '.600-Big RID E MAN Ds.XL W
Big R Commercial Park
Proposed Well Locations
WOWeD contract water to be used at any of the following locations.
Wells can be permitted for individual lots or for shared wells for multiple Big R Well Lots
so long as total water pumped does not exceed contract amounts.
All wells proposed to be located in Section 11, T6S, R93W of the 6th PM
Big R Well Section 11 Distance Section Distance Section
Number Otr/Otr Feet Line Feet Line
Big R Lot 1 Well SWINE 2530 N 1558 E
Big R Lot 2 Well SWINE 2248 N 1514 E
Big R Lot 3 Well SWINE 2103 N 1510 E
Big R Lot 4 Well SWINE 2062 N 1510 E
Big R Lot 5 Well SWINE 1805 N 1588 E
Big R Lot 6 Well SWINE 1710 N 1580 E
Big R Lot 7 Well SWINE 1513 N 1511 E
Big R Lot 8 Well SWINE 1464 N 1511 E
Big R Lot 9 Well SWINE 2062 N 1421 E
Big R Lot 10 Well NW/SE 2571 S 1353 E
10/21/2004 Colorado River Engineering, Inc Proposed Well Locations.xls
.,:;~ ,~"", N~~~~~~ .r::==::::",, __ ..,,]
INDIVIDUAL LOT'WELLS. t
COVERED l5IiiOER
woweD CONTRACT-
de'
~
EXISTING SHARED
EWATER SYSTEM
!f;'"
PO Box 1301 """'" COLORADO
Rifle, CO 81650 """"'-~ RIVER
Tel 970·625·4933 ~. ENGINEERING
Fax 970·625·4564 -~
Civil Engineering
I Water Rights, Augmentation Plans I Groundwater, Well Permitting
IHydrology, Flood Plain Analysis ICanals, Pipelines, D.ams
EXISTING REGULSI(I
WELL No. 2
o 250 500 ~~"i_~-"i_.~-;'~""i'
Well Location Map
File Name: GcnLocMap.dwg Job No: 600 Client:
Drawn by: CM Aprvd by: eM Date: Oct 18, 2004 BigR
Form No.
GWS-25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
WELL PERMIT NUMBER __ -'6"'3"'7J..7>!..S ___ -ccF __
DIV.5 WD39 DES. BASIN MD
Lot: 1 Block: Filing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 11
BIG R ENTERPRISES LLC Township 6 S Range 93 W Sixth P.M.
CIO ROBERT REGULSKI DISTANCES FROM SECTION LINES
PO BOX 9
RIFLE, CO 81650-
2530. Ft. from North
1558 Ft. from East
Section Line
Seclion Line
LIe
(970) 625-2410 UTM COORDINATES (Meters.zone:13,NAD83)
PERMIT TO CONSTRUCT A 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 nol ensure that
no injury will occur to another vested water right or preclude another owner of a vested water right irom seeking relief in a civil court action.
2) The conslrucUon of Ihis 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 Stale Board of Examiners of Water Well ConstrucUon and Pump Instanation 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 shan be operated only when the West Divide Water Conservancy District's substitute water supply ptan, approved by
the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water ConseNancy District
for the release of replacement water"from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WOWeD contract
#040518BRCP(a).
4) Approved as a weJl on a tract.of land of 8.91 acres described as that portion of the SW 1/4 of the NE 1/4, Sec. 11, Twp. 6 South, Rng. 93
West, 6th P.M .. further Identified as lot no. 1, Big R Commercial Park, Garfield County, more particularly described on the attached exhIbit A.
Physical well address: 2B485 Highway 6 & 24, Rifle, CO 81650.
5) The use of ground water trom this well is limited to commercial purposes inside six (6) units (0.81 acre-foot); the irrigation of not more than
18,000 square feet (0.413 acre) of lawns and gardens (1,20 acre-foot); and outside vehicle washing (1.34 acre-foot). All use of this well will
be curtailed unless the water allotmenl contract or a plan for augmentation is in effect. This well is known as Big R Lot 1 Well.
6) The pumping rate of this well shall not exceed 25 GPM,
7) The annual amount of ground water to be appropriated shall not exceed 3.35 acre-feet (1,091,597 gallons).
8) The return flow from the use of this well musl be through an individual waste water disposal system of the non-evaporative type where the
water is returned to the same stream system in which the well is located.
9) The owner shall mark the well in a conspicuous place with well pennit 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 shan be located not more than 200 feet from the location specified on this permit and at least 600 feet from any exisling well,
completed in the same aquifer, thaI is not owned by the applicant, except permll no. 61899-F, decreed as Regulski Well no. 2, Division 5
Water Court, case nos, 94CW003 and 00CW1 04, 600 foot spadng statement was submlHed.
NOTE: Parcel Identification Number (PIN): 23-2177-111-00-475 P-?-,.". :<.,..--
NOTE: Assessor Tax Schedule Number: R005064 (totaling' 28.47 acres)
Permit Expiration Date Extended to January 5, 2008
AOT 1-22-07
APPROVED
DMW
Receipt No. 9502333A
State Engineer U
DATE ISSUED 01-05-2006
~'g J?, . ';h/~
By ;7
EXPIRATION DATE 01-05-2007
OFFICE OF THE STATE ENGINEER Form No.
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman SI., Denver. Colorado 80203
(303) 866-3581
WELL PERMIT NUMBER __ -'S""3C'..77!.-'S'--__ -·.!...F __
APPLICANT
BIG R ENTERPRISES LLC
CIO ROBERT REGULSKI
PO BOX9
RIFLE, CO 81650-
Lot:
DIV.5 WD39 DES. BASIN MD
3 Block: Filing: Subellv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
2103 Ft. from North Section Line
1510 Ft. from East Section Line
LlC
(970) 625-2410 UTM COORDINATES (Meters.Zone:13.NADB3l
PERMIT TO CONSTRUCT A 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 nol ensure that
no injury wilt occur to another vested water right or preclude another owner of a vested water right from seeking relief in a dvil 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 Stale Board of Examiners of Waler 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 weH, appropriating ground water tributary to the Colorado River, on the
condition that the well shalt 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 atlotment contract between the well owner and the West Divide Water Conservancy Disbict
for the release of replacement water from Rued! Reservoir is in effect, Dr under an approved plan for augmentation. WDWeD contract
#040518BRCP(a).
4) Approved as a well on a tract of land of2.0 acres described as that portion of the SW 1/4 of Ihe NE 1/4. Sec. 11, Twp. 6 South, Rng. 93
West, 6th P.M., further idenllfied as lot no. 3, Big R Commerdal Park, Garfield County, more particularly described on the attached exhibit A.
Physical well address: 28485 Highway 6 & 24, Rifle, CO 81650.
5) The use of ground water from this well is limited to commercial purposes inside one (1) unit (0.2 acre-foot); the irrigation of not more than
8,000 square feet (0.184 acre) of lawns and gardens (0.54 acre-foot); and outside vehicfe washing (0.22 acre·foot). All use of this well will be
aJrtaited unless the water attotment contract or a plan for augmentation is in effect. This welt is known as Big R Lot 3 Welt.
6) The pumping rate of this welt shall not exceed 25 GPM.
7) The annual amount of ground water to be appropriated shaff not exceed 0.96 acre·feet (312,B16 gallo"s).
8) The return flow from the use of this welf must be through an individual waste water disposal system of the non-evaporalive type where the
water is returned to the same stream system in which the well is located.
9) The owner sQalt mark the welt in a conspicuous place with welf permit number(s), name of the aquifer, and court case number{s) as
appropriate. The owner shaft take necessary means and precautions to preserve thes!:! 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 welt owner (reoorded alleasl annually) and submitted to the Division Engineer upon request.
11) This well shall be located not more than 200 feel from the location specified on thIs permit and alleast 600 feet from any exisling welt,
completed in Ille same aquifer, that is not owned by Ihe applicant, except permit no, 61899-F, decreed as Regulski Well no. 2, Division 5
Water Court, case nos. 94CW003 and OOCW104, 600 foot spacing statement was sUbmitted.
NOTE: Parcel IdenHficalion Number (PIN): 23·2177~111~00-475
NOTE: Assessor Tax Schedule Number: R005064 (totaling 2B.47 acres)
Permit Expiration Date Extended to January 5, 200B
AOT 1-22-07
APPROVED
DMW
State Engineer \I
Receipt No. 9502333B DATE ISSUED 01-05-2006
By
EXPIRATION DATE 01-05-2007
... Form No. OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES T
GWS-25
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866·3581
WELL PERMIT NUMBER __ ....:S"'3'-'.7-'-7'-7 ___ --'-F __
LlC
APPLICANT DIV.5 WD39 DES. BASIN MD
BIG R ENTERPRISES LLC
C/O ROBERT REGULSKI
PO BOX9
RIFLE. CO 81650-
(970) 625-2410
Lot: 4 Block: Filing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 114 NE 114 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
2062 FI. from North
1510 Fl. from East
Section Line
Section Line
UTM COORDINATES (Meters.Zone:13.NAD831
PERMrT TO CONSTRUCT A WELL Easting: Northing:
1)
. 2)
3)
4)
5)
6)
7)
B)
9)
10)
11)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER 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 trom seeking rellef In a civil court action .
The construction of this well shall be in compliance with the Waler Well Construction Rules 2 CCR 402-2, unless approval o! a variance has
been granted by the Stale Board of EXaminers of Water Well Construction and Pump Installation Contractors In accordance with Rule 18.
Approved pUffiuanllo CRS 37-9G-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 Waler Conservancy District's substitute water supply plan, approved by
the State Engineer, is in effect, and when a water allotment contract between the welJ owner and the West Divide Water Conservancy District
for the release of replacement waler from Ruedl Reservoir is in effect, or under an approved plan for augmentation. WDWCD contracl
#040518BRCP(a).
Approved as a well on a tract of land of 2.0 acres described as that portion of the SW 114 of the NE 1/4, Sec. 11, Twp. 6 South. Rng. 93
West, 6th P.M., further identified as lot no. 4, Big R Cornmerdal Park, Garfield County, more particularly described on the attached exhibit A.
Physical well address: 26485 Highway 6 & 24, Rifle, CO 81650.
The use of ground water from this well is Ilmited to commercial purposes inside one (1) unit (0.2 acre-foot); the irriga~on of not more lIlan
6,000 square feel (0.184 acre) of lawns and gardens (0.54 acre-foot); and outside vehicle washing (O.22 acre·foot). At! use of this well w!ll be
curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Big R Lot 4 Well.
The pumping rate of this well shall nol exceed 25 GPM.
The annual amount of ground waler 10 be appropriated shall nol exceed 0.96 acre-feet (312,816 gallons).
The return flow from the use of this well must be through an individual waste waler disposal system of the non-evaporalive type where the
water is returneSf to the same stream system in which the well is located.
The owner shall mark the well In a conspicuous place with well permit number(s), name of the aquifer, and court c.ase number(s} as
appropriate. The owner shat! take necessary means and precautions to preserve these markings,
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.
This well shall be .Iocated not more than 200 feel from the location specified on this permit and at least 600 feet from any existing weI!,
compleled in the same aquifer, that is not owned by the applicant, excep1 permit no. 61699-F, decreed 2S RegutsKi Well no. 2. Division 5
Water Court, case nos. 94CW003 and OOCW104, 600 foot spacing statement was submitted.
NOTE: Parcel Idenlification Number (PIN): 23·2177·111-00-475
NOTE: Assessor Tax Schedule Number: R005064 (totaling 28.47 acres)
Permit Expiration Date Extended to January 5, 2008
AOT 1-22-07
APPROVED
DMW
Receipt No. 9502333C DATE ISSUED 01-05-2006
By
EXPIRATION DATE 01-05-2007
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
BIG R ENTERPRISES LLC
c/o ROBERT REGULSKI
PO BOX 9
RIFLE, CO 81650-
WELL PERMIT NUMBER 63778 -F
OIV. 5 WD 39 DES. BASIN MO
Lot: 5 Block: Filing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
1805 Ft. from North Section Line
1588 Ft. from East Section Line
LlC
(970) 625-2410 UTM COORDINATES (Meters,Zone:13,NAD83)
PERMIT TO CONSTRUCT A WELL Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shan be used in such a way as to cause no material InJury to exls~ng 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 construclion of this well shall be in compliance with the Water WeB Construction Rules 2 CCR 402·2, unless approval of a variance has
been granted by the State Board of Examiners of Water WeJJ Construction and Pump Installation Contractors in accordance with Rule 1B.
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 welt shall be operated only when Ihe 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. WOWCD contract
#04D518BRCP(a),
4) Approved as a well on a tract of tand of 2.0 acres described as that portion at the SW 1/4 or the NE 1/4, Sec. 11, Twp. 6 Soulh, Rng. 93
West, 6th P.M" further Identified as lot no. 5, Big R Commercial Park, Garfield County, more particularly described on the attached exhibit A.
Physical well address: 28485 Highway 6 & 24, Rifle, CO 81650,
5) The use of ground water from Ihls well is limited to commercial purposes inside one (1) unit (0.2 acre·foot); the inigation of not more than
8,000 square feet (0.184 acre) of lawns and gardens (0.54 acre·toot); and outside vehicle washing (0.22 acre~foot). All use of this well will be
curtailed unless the water allotment contract or a plan for alJgmentation is in effect. This well is known as Big R Lot 5 Well.
6) The pumping rate of this well shall not exceed 25 GPM,
7) The annual amount of ground water to be appropriated shall not exceed 0.96 acre·feet (312,816 gallons).
8) The return flow·from the use of this well must be through an individual wasle water disposal system of the non-evaporative type where the
water is retumed to the same stream system In which the well is located,
9) The owner shaH mark the well In a conspicuous place with well penni! 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 aU 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 speclfied on thIs permit and at least 600 feet from any existing well,
completed in the same aquifer, that is not owned by the applicant, except permit no. 61agS-F, decreed as Regulski Well no. 2, Division 5
Water Court, case nos. 94CW003 and OOCW104, 600 foot spacing statement was submitted,
NOTE: Parcel Identification Number (PIN): 23·21n·111·00475
NOTE; Assessor Tax Schedule Number: R005064 (totaling 28.47 acres)
Permit Expiration Date Extended to January 5, 2008
AOT 1-22-07
APPROVED
DMW
State Engineer
ReceiDt No. 95023330 DATE ISSUED 01-05-2006
By
EXPIRATION DATE 01-05-2007
OFFICE OF THE STATE ENGINEER Form No.
./ GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 CenlenniaIBldg., 1313 Sherman St, Denver, Colorado 80203
(303) 865-3581
WELL PERMIT NUMBER __ ->S"'3c-77'-'9'--__ -·..!:F __
APPLICANT
BIG R ENTERPRISES LLC
C/O ROBERT REGULSKI
PO BOX 9
Lol:
DIV.5 WD39 DES. BASIN MD
6 Block: Filing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 114 NE 114 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
1710 Ft. from North Section Line
RIFLE, CO 81650· 1580 Ft. from East Section line
lie
(970) 625-2410 UTM COORDINATES (Meters,Zone:13.NAD83)
PERMIT TO CONSTRUCT A 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. Th~ issuance of this penni! does not ensLlre IMt
no injury will occur to another vested water righ! or preclude a nalher owner of a vested water right from seeking relief in a civil court action,
2) The construction of this weI) shall be in compliance with the Water Well ConstnJc~on Rules 2 CCR 402~2, unless approval of a variance has
been granted by the State Board of EXaminers of Water Welt 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 weI! shall be operated only when the Wesl Divide Waler Conservancy District's substitute water supply plan, approved by
the Slale Engineer, is ;0 effect. and when a waler allotmen! contract between the well owner and the West Divide Water Conservancy Disbict
for the release of replacement water from Ruedi ReservOir is in effect, or under an approved plan for augmentation. WOWeD contract
#040518BRCP{a).
4) Approved as a well on a tract of land of 2.01 acres described as that portion of the SW 1/4 of the NE 1/4, Sec. 11, Twp. 6 South, Rng. 93
West. 6th P,M., further idenUfied as lot no. 6, Big R Commercial Park, Gartleld County, more pariicularly described on the attached exhibit A.
Physical well address: 2B465 Highway 6 & 24, Rifle, CO 81650.
5) The use of ground water from this well is limited to commercial purposes inside one (1) unit (0.2 acre-foot); the irrigation of not more than
8,000 square feet (0.184 acre) of lawns and gardens (O.54 acre-foot); and outside Vehicle washing (0.22 acre~foot). All use of this well will be
curialled unless the water allotment contract or a plan for augmentation is in effect. This well is known as Big R Lot 6 Well.
6) The pumping rate of this well shall not exceed 25 GPM,
7) The annual amount of ground water to be appropriated shaU not exceed 0.96 acre-feet (312,816 gallons).
8) The (etum flow from the use of this well must be through an individual wasle water aisposal system of the non-evaporati.ve type where the
water is returned to the same stream system in which the well Is located.
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 Ihese markings.
10) A totalizing fiow meter must be installed on this well and maintained in good working order. Permanenl records of all diversions must be
maintained by the well oWJ1er (recorded at least annually) and submitted to the DiVision Engineer upon requesl
11) This well shall be located not more than 200 1eet from the location spedflecl on this permit and at least 600 feet from any existing wen,
completed in the same aquifer, that is nol owned by the applicant.
NOTE: Parcel Identification Number (PIN): 23-21n-111 ~06-475
NOTE: Assessor Tax Schedule Number: ROOS064 (totaling 28.47 acres)
Permit Expiration Date Extended to January 5, 2008
AOT 1-22·07
APPROVED
DMW
State 'Engineer
Receiot No. 9502333E
..
DATE ISSUED 01-05·2006
By
EXPIRATION DATE 01-05-2007
. ,
OFFICE OF THE STATE ENGINEER Form No.
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg .• 1313 Sherman St .• Denver, Colorado 80203
(3031866-3581
WELL PERMIT NUMBER __ --'6"'3'-'7""'80"-__ -~F __
APPLICANT
BIG R ENTERPRISES LLC
CIO ROBERT REGULSKI
PO BOX9
RIFLE, CO 81650-
DIV.5 WD39 DES. BASIN MD
Lot: 7 Block: Filing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
1513 Ft. from North Section Line
1511 Ft. from East Section Line
LlC
(970) 625-2410 UTM COORDINATES (Meters.zone:13,NAD83)
PERMfT TO CONSTRUCT A WELL Easting: Northing'
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1} This well shall De used in such a way as 10 cause no male rial injury to existing water rights. The issuance of this permit does 1'10\ ensure thai
no injury will occur to another vested waler right or preclude another Owner of a vested waler right from seeking relief in a civil collrt action.
2) The conslrucUon of this well shall be in compliance with the Water We/I Construction Rules 2 CCR 402-2, unless approval of a variance has
been granted by the Stale Boord of Examiners of Water Well ConstrucUon 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 tllat the welt shan be operated only when the West DI ...... ide Water Conservancy District's substitule 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 appro'Jed plan for augmentation. WDWCD coolra.ct
tro40518BRCP(').
4) The issuance of this permlt heraby cancels permit no, 60607. Per review of this permi! application it was noted that the old well, penni! no.
60607 does nol exist. Proof must be submitted showlng that no health or safety hazards exist and that the old well has beell plugged in
accordance wHh Rule 16 of the Water Well Construction Rules within sixty (60) days of completion of the new well, The endosed Well
Abandonment Report form must be completed and submitted to affirm that the old well was plugged.
5) Approved as a well on a tract of land of 2.03 acres described as Ihat portion of the. SW 1/4 of the NE 1/4, Sec. 11, Twp, 6 South, Rng, 93
West, 6th P .M" further Identified as lot no. 7, Big R Commercial Park, Garfield County, more particularly described on the attached exhibit A,
PhysicalwelJ address: 28485 Highway 6 & 24, Rifle, CO 81650,
6) The use of ground water from this well is limited to commercial purposes inside one (1) unit (0,2 acre-root); the irrigation of not more than
8,000 square feet (0,184 acre) of lawns and,gardens {0,54 acre-foot}; and outsjde vehicle washing (0.22 acre-foot). All use of this werr will be
curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Big R Lot 7 Well.
n The pumping rate of this well shall not exceed 25 GPM,
8) The annual amount of ground water to be appropriated shall not exceed 0,96 acre-feet (312,816 gallons),
9) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the
water is retumed to the same stream system in which the well is located.
10) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as
appropriate, The owner shall take necessary means and precautions to preserve these markings,
11) A totalizing flow meier musl be installed on this well and maintained in good working order, Permanent records of an diversions must be
maintained by the well owner (recorded at least annually) and submitted to the DIvision Engineer upon request
12) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well,
completed in the same aqurrer, that is not owned by the applicant.
NOTE: Parcel Identification Number (PIN): 23-2177 ·111-00-475
NOTE: Assessor Tax Schedule Number: R005064 (totaling 28.47 acres)
Permit Expiration Date Extended to January 5, 2008
AOT 1-22-07
APPROVED
DMW &~.£.
Stale Engineer By
EXPIRATION DATE Receipt No. 9502333F DATE ISSUED 01-05-2006 01-00-2007
• ,
~ Form No.
GWS-2S
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Shennan St, Denver. Colorado 80203
(303) 866-3581
WELL PERMIT NUMBER __ --'63=..;78""1'--__ -"'-F __
APPLICANT
BIG R ENTERPRISES LLC
CIO ROBERT REGULSKI
PO BOX9
RIFLE, CO 81650-
DIV.S WD39 DES. BASIN MD
Lot 8 Bloel<: Filing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
1464 Ft. lrom North Section Line
1511 Ft. from East Section Line
L1C
(970) 625-2410 UTM COORDINATES (Meters,Zone:13,NAD83)
PERMIT TO CONSTRUCT A WELL Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This welf 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 thai
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 welt, appropriating ground water tributary to the Colorado River, on the
condition that the weI! shall be operated only when the West Divide WCiter 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 Dlvide Waler Conservancy District
for the release of replacement water from Rued! ReservoIr is In effect, or under an approved plan for augmentation. WOWeD contrac1
!I040518BRCP(a).
4) Approved as a well on a tract of land of 2.87 acres described as that portion of the SW 1/4 of the NE 1/4, Sec. 11, Twp. 6 South. Rng. 93
West. 6th P.M., further identified as lot no. 8, Big R Commercial Pari<, Garfield County, more particularly described on the attached exhibit A.
Physical well address: 28485 Highway 6 & 24, Rifle, CO 81650.
5) The use of ground water from this well is limited to commercial purposes inside one (1) unit (O.2 acre-foot); the irrigation of not more than
8.000 square feet (0.184 acre) of lawns and gardens (0.54 acre-foot); and outside vehicle washing (0.22 acre-foot). 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 Big R Lot 8 Well.
6) The pumping rate of Ihis well shall not e):;ceed 25 GPM.
7) The annual amount of ground water to be appropriated shall not exceed 0.96 acre-feet (312,816 gallons).
8) The relum flow from the use of this well must be through an individual waste water disposal system of the non·evaporalive type where the
water is retumed to the same stream system in which the well is located.
·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 lake necessary means and precautions to preserve these markings.
10) A totalizing fIO'W 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 leasl annually) and submitted to the DIvision Engineer upon request.
11) This well shall be located not more than 200 feel from the location specified on this permit and at least 600 feel from any existing well,
completed in the same aquifer, that is not owned by the applicant. r~ h--
NOTE: Parcelldentlficalion NUmber (PIN): 23-2177-111-00-475
NOTE: Assessor Tax Schedule Number: R005064 (tolaling 28.47 acres) cJ / /0 S~ ?Jc:7 b
Permit Expiration Date Extended to January 5 2008
AOT 1-22-07 '
APPROVED / / D _
DMW r/t./ ~ -rOr~--~
State Engineer • By
ReceiDt No. 9502333G DATE ISSUED 01-05-2006 EXPIRATION DATE 01-05-2007
: Form No.
GWS-25
"
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman SI., Denver, Colorado 80203
(303)866-3581
WELL PERM IT N U M B ER __ --'6"'3'-'.7"'8 ... 2 ___ -· ... F __
DIV.5 WD39 DES. BASIN . MD
lot: 9 Block: Filing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Seclion 11
BIG R ENTERPRISES LLC
C/O ROBERT REGULSKI
PO BOX9
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
2062 Ft. from North Seclion Line
RIFLE, CO 81650-1421 Ft. from East Section Line
LlC
(970) 625-2410 UTM COORDINATES (Meters,zone:13,NAD83)
PERMIT TO CONSTRUCT A 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 \0 cause no maleriallnjury 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 waler right from seeking relief in a civil court action.
2) the construction of this well shall be in compHance with the Water Well ConsUuctio(l Rules .2 CCR 402~2, unless approval of a variance has
been granted by the Slate Board of Examiners of Water WeU Construction and Pump InstaUation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37·90·137(2) for the construction of a wen, appropriating ground water tributary to the Colorado River. on the
condiUon thai the weI! shaU be operated only when the West Divide Water Conservancy District's subsVlute 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 ConseMlncy District
for the release-of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWeD contract
#04051BBRCP(a).
4} Approved as a well on a tract of land of 2,45 acres described as that portion of the SW 1/4 of the NE 1/4, Sec. 11, Twp. 6 South, Rng. 93
West. 6th P.M., further identified as lot no. 9, Big R Commercial Par!<. Garfield County. more particularly described on the attached exhibit A.
Physical well address: 28485 Highway 6 & 24, RiHe, CO 81650.
5) The use of ground water from this well is limited to commercial purposes Inside one (1) unit (0.20 acre-foot); the irrigation 01 nolmore than
8.000 square reet (0.184 acre) of lawns and gardens (0.53 acre-fool); outside vehicle washing (0.22 acre-foot); and fire protection/storage
(055 acre~foot). An use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. ThIs welf is
known as Big R Lot 9 We!!.
6) The pumping rate of this well shall not exceed 25 GPM.
7) The annual amount of ground water to be appropriated shall not exceed 1.51 acre-feet (492,034 gallons).
8) The return flow from the use of this well must be through an individual waste water dispos'al system of the non-evaporative type where the
water is returned to the same stream system in which the well Is located.
9) The owner shan mark the weH 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 10 preserve these markings.
10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of aU diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
11) This wert shan be located not more than 200 fee! from the location spedfied on this permit and at least 600 feet from any existing well,
compleled In the same aquifer, that is not owned by the applicant, except permit no. 61899·F. decreed as Regulski WeI! no. 2. Division 5
Water Court. case nos. 94CW003 and OOCW104. 600 foot spacing statement was submitted.
NOTE: Parcelldentiflcatlon Number (PIN): 23-2177-11 H}o'-475
NOTE: Assessor Tax Schedufe Number: R005064 (tolafing 28.47 acres)
Permit Expiration Date Extended to January 5, 2008
AOT 1-22-07
APPROVED
DMW
/
Stale Engineer
Receipt No. 9502333H DATE ISSUED 01-05-2006
By
EXPIRATION DATE 01-05-2007
.,
I .,
Form No.
r GWS-25
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St. Denver, Colorado 80203
(303) 866-3581
WELL PERMIT NUMBER __ ---'S"'3C!..78"'3"-__ ,.'-F __
APPLICANT
BIG R ENTERPRISES LLC
CIO ROBERT REGULSKI
PO BOX 9
RIFLE, CO 81650-
DIV.5 WD39 DES. BASIN MD
Lot 10 Block: Filing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 SE 114 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
2571 FI. from South
1353 FI. from East
Section Line
Section Line
EXST
(970) 625,2410 UTM COORDINATES (Meters,Zone:13,NA083)
PERMIT TO USE AN EXISTING WELL Easting: Northing'
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This weI! shall be used in such a way as to cause no material injury to exisUng water rights. The issuance of this permit does nol ensure thai
no injury will occur to another vested water righl or preclude another owner of a vested water right from seeking relisf in a civil court action.
2) Construction details for this existing well hays nol been provided to this office; therefore, it is not known n the construction of this well is in
compliance with the Water Well ConstructJon Rules, 2 CCR 402-2. The Issuance of this permit does not relieve the well owner of
responsibiHly or liabifity in the event contamination of the groundwater source results from the construction or use of this well, nO( does the
State Engineer assume any responsibility or liability should contamination occur.
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 shalJ be operated only when the West Diyide Water Conservancy District's subslJlute water supply plan, apprc)\Isd by
the State Engineer. is in effect, and when <l water allotment contract between the weJl owner and the West Divide Water Conservancy District
tor Ihe release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWeD contract
tlD40518BRCP(a).
4) Approved lor the installation of a pump in, and the use 01, an existing well, constructed on an unknown date, to an unknown depth, under
permit no. 170888 (expired). Issuance of this permit hereby expires permit no. 170888.
5) Approved as a weJl on a tract of land of 2.33 acres described as that portion of the NW 1/4 of the SE 1/4, Sec. 11, Twp. 6 South, Rng. 93
West, 6th P,M., further Idenlified as lot no, 10, Big R Commercial Pan.. Garfield County, more particularly described on the attached exhibit
A. Physical well address: 28485 Highway 6 & 24, Rifte, CO 81650.
6) The use of ground waler from this well is limited 10 commercial purposes inside one (1~ unit (0.2 acre.foot); the Irrigation of not more than
8,000 square feet (0.184 acre) of lawns and gardens (0.54 acre~foot); and outside vehicle washing (0.22 acre-toot). AU use of this well will be
curtailed unless the waler allotment contract or a plan for augmentation is in effect. This well is known as Big R La! 10 Well.
7) The pumping rale of this wen shall not exceed 25 GPM.
B) The annual amount of ground water to be appropriated shaH nol exceed 0.96 acre-feet (312,816 gallons).
9) The return flow from the use of jhis well must be through an individual waste wafer disposal system of the non-evaporative type where the
water is returned to the same stream system in which the well is located,
10) The owner shari mark the welf in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as
appropriate, The owner shaU take necessary means and precautions to preserve these markings.
11) A totalizing now meter must be installed on this weH and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner (recorded at leasl annuatly) and submitted to the Division Engineer upon request.
12) This well shall be located not more than 200 feet from the location specified on Ihis permit <Jnd at least 600 feet (rom any exisUng wel/,
completed in the same aquifer, thai is not owned by the applicant, except permit no. 61899-F, decreed as ReguJskl WeI! no. 2, Division 5
Water Coun, case nos. 94CW003 and ODCW104, 600 foot spacing statement was submitted.
NOTE: Parcelldentificati(}(l Number (PIN): 23-2177-111-00-475
NOTE: Assessor Tax Schedule Number: ROD5064 (totaling 28.47 acres)
Permit Expiration Date Extended to January 5, 2008
AOT 1,22,07
APPROVED
DMW
Receipt No. 95023331
Stale Engineer '"
DATE ISSUED 01"()5-2006
By
EXPIRATION DATE 01-05,2007
ACKNOWLEDGEMENT OF THIRD AND FINAL PARTIAL SATISFACTION
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, Big R Enterprises, LLC (hereinafter "Owner"), entered into a Subdivision
Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado
(hereinafter "Board"), recorded as Reception No. 736856 of the Garfield County records on October
12,2007, for the improvements of Big R Commercial Park Subdivision; and
WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of
$409,906.56 in order to secure the subdivision improvements to be constructed by the Owner as
required in the SIA; and
WHEREAS, the obligations of the Owner have been partially satisfied in part, as verified in a
statement from Christopher Manera, Colorado River Engineering (Colorado Registered P .E. 30579),
dated June 2, 2008 that work has been completed consistent with improvements described in the
Subdivision Improvements Agreement.
WHEREAS, on June 16th , 2008, at the request of the Owner and in consideration of the
premises and prior agreements, the Board acknowledged the first partial satisfaction of the
Subdivision Improvements Agreement entered into by the Owner and the Board for the release of
security in the amount of$331 ,042.56 for work completed consistent with improvements described
in the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of
$78,864.00 (Reception # 750602).
WHEREAS, the obligations of the Owner have been partially satisfied in part, as verified in a
statement from Christopher Manera, Colorado River Engineering (Colorado Registered P.E. 30579),
dated October 31, 2008 that work has been completed consistent with improvements described in the
Subdivision Improvements Agreement.
WHEREAS, on November 20th , 2008, at the request of the Owner and in consideration of the
premises and prior agreements, the Board acknowledged the second partial satisfaction of the
Subdivision Improvements Agreement entered into by the Owner and the Board for the release of
security in the amount of$4 7 ,425.00 for work completed consistent with improvements described in
the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of
$31,439.00 (Reception # 750602).
WHEREAS, the obligations of the Owner have been fully satisfied, as verified in a statement
dated November 14,2008 and record drawings dated December 15, 2008 from Christopher Manera,
Colorado River Engineering (Colorado Registered P.E. 30579), that work has been completed
consistent with improvements described in the Subdivision Improvements Agreement.
NOW THEREFORE, at the request of the Owner and in consideration of the premises and
prior agreements, the Board hereby acknowledges this third and final partial satisfaction of the
Subdivision Improvements Agreement entered into by the Owner and the Board for the release of
security in the amount of$31 ,439.00 for work completed consistent with improvements described in
the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of
$0.00.
By:
Chairman
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this day of
______ ,2009, by John Martin, as Chairman of the Board of County Commissioners of
Garfield County, Colorado.
WITNESS my hand and official seal.
My commission expires ____________ _
Garfield County Clerk
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Wate-r Resources
Department of Natural Resources
1313 Sherman Street. Room 818
Denyer! Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
WW'W.water.state.CO.U5
Well Pennit Number: &1 7 ~ ') -F
NOTICE
Your request for an extensioD of time to construct the well and/or install pumping
equipment has been received and reviewed_
You are hereby given notice that the State Engineer has approved an extension of one
year to ::r'l.Hk'V'/ r J 'Z-IP 0 '? ,
A copy of the amended well pennit is enclosed. Please be advised that pursuant to
Colorado Revised Statute 37-90-I37(3)(a)(I)(B), additional .extensions cannot be
approved.
Proof of well construction and pump installation must be submitted to this office prior to
the expiration date of the penni!. Contractors are required to submit their respective
reports affuming construction of the well and the installation of pumping equipment.
Well owners who wish to construCt their own well and/or install pumping equipment
must first successfully complete an examinatiQn prescribed by the Board of Examiners of
Water Well Construction and Pump Installation Contractors as well as submit these
reports upon completion of the construction and/or installatioD_
Forms for reporting construction and pump installation are available from the Division of
Water Resources offices or online at www.water.state.co.us/pubsiwellfonns.asp
These forms are:
GWS-31 -Well Construction and Test Report
GWS-32 -Pump Installation and Test Report
If you have any questions, please contact the Ground Water Information Desk at (303)
866-3587 between the hours of9:00 AM and 4:00 PM Monday through Friday.
Sellt to owner on ",1,--'_2._2_· 0_1.:.-_____ _
By: M[:
BID Owens
Om"""
RuoeII c.o.g.
ExecutilJe Director
Hal O. Simpson, P.E.
State Engineer
STATE OF COLORADO
OFfICE Of THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (]03) 866·3581
FAX (303) 866·3589
www.water.state.co.w
Well Permit Number: 07 [2.. ~f
NOTICE
Your request for an extension of time to construct the well and/or insta11 pwnping
equipment has been received .and reviewed.
You are hereby given notice that the State Engineer has approved an extension of one
year to ::r'tK""'/ r J 'Z-IP I!:> %'
A copy of the amended well pennit is enclosed. Please be advised that pursuant to
Colorado Revised Statute 37-90-137(3)(a)(I)(B), additional extensions cannot be
approved.
Proof of well construction and pump installation must be submitted to this office prior to
the expiration date of the permit. Contractors are required to submit their respective
reports affirming construction of the well and the installation of pumping equipment
Well owners who wish to construct their own well andlor install pwnping equipment
must first successfully complete an examination prescribed by the Board of Examiners of
Water Well Construction and Pump Installation Contractors as well as submit these
reports upon completion of the construction and/or installation.
Forms for reporting construction and pump installation are available from the Division of
Water Resources offices or online at www.water.state.co.uslpubs/wellforms.asp
These forms are:
GW5-31 -Well Construction and Test Report
GWS-32 -Pump Installation and Test Report
If you have any questions, please contact the Ground Water Information Desk at (303)
866-3587 between the hours of9:oo AM and 4:00 PM Monday through Friday.
Sent to owner on I ~ 2,2· °7 ~-------------------
By: ffC
(t''!'.
::~ . • • • • • ·/11' ..
Bill Owens eo.. .....
RuoeIi c....".
Executive Director
Hat D. SirnP5On, RE.
Sta~ efl3ineer
STATE OF COLOR.ADO
OFfiCE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherm.n Street. Room 818
Denver, Colorado 80203
Phone (303) 866·3581
FAX (303) 866-3589
WYIt'W.water .state.CO oW
Well Pennit Number: '17 ~ f -F
NOTICE
Your request for an extension of time to cons1ruct the well and/or install pumping
equipment has been received and reviewed.
You are hereby given notice that the State Engineer bas approved an extension of one
year to :::r~"Ic.I./ r I Z-I!> o,?
A copy of the amended well pennit is enclosed. Please be advised that pursuant to
Colorado Revised Statute 37-90-1 37(3)(a)(I){B), additional extensions cannot be
approved.
Proofofwell construction and pump installation must be submitted to this office prior to
the expiration date of the pennit. Contractors are required to submit their respective
reports affirming construction of the well and the installation of pumping equipment.
Well owners who wish to construct their own well and/or install pumping equipment
must first successfully complete an examination prescribed by the Board of Examiners of
Water Well Construction and Pump Installation Contractors as well as submit these
reports upon completion of the construction and/or instaIlation.
Forms for reporting construction and pump installation are avaiJable from the Division of
Water Resources offices or online at www.water.state.co.uslpubslwellfonns.asp
These forms are:
GWS-31 -Well Construction and Test Report
GWS-32 -Pump Installation and Test Report
If you have any questions, please contact the Ground Water Information Desk at (303)
866-3587 between the hours of9:00 AM and 4:00 PM Monday through Friday.
Sent to owner on I <~. Z • 07 ---------------------
By: ta=
B~lo-.
Go.emor
...... IGoo'1!l'
uecu~ Oire::tQ!'
Hal D. Simpson, P.E.
Slim Engiflef!r
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department ·of Nannal R.esources .
131J Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866·3581
FAX (303) 866-3589
www.water.state,co.U5
WellPennitNumber: 07 [0 -f
NOTICE
Your request for an extension of time to construct the well and/or install pumping
equipment has been received and reviewed.
You are hereby given notice that the State Engineer has approved an extension of one
year to :r'tll".'-/ r I 'Z-II> 0 '? ,
A copy of the amended well pennit is enclosed. Please be advised that pursuant to
Colorado Revised Statute 37-9Q-.137(3)(a)(I)(B), additional extensions cannot be
approved.
Proof of well construction and pump installation must be submitted to this office prior to
the expiration date of the permit. Contractors are required to submit their respective
reports af"nrming construction of the well and the installation of pumping equipment.
Well owners who wish to construct their own well and/or install pumping equipment
must first successfully complete an examination prescribed by the Board of Examiners of
Water Well Construction and Pump Installation Contractors as well as submit these
reports upon completion of the construction and/or installation.
Forms for reporting construction and pwnp installation are available from the Division of
Water Resources offices or online at www.water.state.co,usJpubslwellfonns.asp
These forms are:
GWS--31 -Well Construction and Test Report
GWS-32 -Pump Installation and Test Report
If you have any questions, please contact the Ground Water Information Desk at (303)
866·3587 between the hours of9:oo AM and 4:00 PM Monday through Friday.
Sent to owner on ...:1:....-_2._2_· 0_1.:...... _____ _
By: ~
OillOMt.
Cme"""
.... IIGoo,so
ExKLJtive Director
Hal D. Simp$Ol'l, P.E.
State Engineer
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Departme-nt of Natural ReiOurces
1313 Sherman Street, Room B1B
De .... r, C%rodo 80203
Phone (3031 666-3581
FAX (30ll 866-3589
WWN.wa~r.sta~,co.US
WellPennitNumbcr: 077'1-F
NOTICE
Your request for an extension oftime to construct the well and/or install pumping
equipment has been received and reviewed.
You are hereby given notice that the State Engineer has approved an extension of one
yearto ::r.tKw ... -, !;,2-l5)o,? •
A copy of the amended well pennit is enclosed. Please be advised that pursuant to
Colorado Revised Statute 37-9Q,.I 37(3)(a)(D(B), additional extensions caDnot be
approved,
Proof of well construction and pump installation must be submitted to this office prior to
the expiration date of the permit. Contractors are required to submit their respective
reports affuming construction of the well and the installation of pumping equipment.
Well owners who wish to construct their own well and/or install pumping equipment
must first successfully complete an examination prescribed by the Board of Examiners of
Water Well Construction and Pump Installation Contractors as well as submit these
reports upon completion of the construction and/or installation.
Forms for reporting construction and pump installation are available from the Division of
. Water Resources offices or online at www.water.state.co.uslpubslwellforms.asp
These forms are:
GWS-31 -Well Construction and Test Report
GWS-32 -Pump Installation and Test Report
If yon have any questions, please contact the Ground Water Information Desk at (303)
866-3587 between the hours of9:00 AM and 4:00 PM Monday through Friday.
Sent to owner on ..;1'--_2._2_0_0_7:-. _____ _
By: ta=
BiUOwens
eo.."""
""",,Ii c.o.se
Executio.oe Direaor
Hill D. Simpson, P.E.
State Engin.eer
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Wilter Resources
Department of Natural Resources
'313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866·3581
FAX 13031 666-3589
www.wilter.sta~.co.us
NOTICE
Well Permit Number: '~7 7 f -f
Your request for an extension of time to construct the well and/or install pumping
equipment has been received and reviewed.
You are hereby given notice that the State Engineer has approved an extension of one
yearto :r'l"~''''1 r J 'l-IP o IS'
•
A copy of the amended well pennit is enclosed. Please be advised that pursuant to
Colorado Revised Statute 37-90-137(3)(a)(I)(B), additional extensions cannot be
approved.
Proof of well construction and pump installation must be submitted to this office prior to
the expiration date of the permit. Contractors are required to submit their respective
reports affirming construction of the well and the installation of pumping equipment.
Well owners who wish to construct their own well and/or install pumping equipment
must first successfully complete an examination prescribed by the Board of Examiners of
Water Well Construction and Pump Installation Contractors as well as submit these
reports upon completion of the construction and/or installation.
Forms for reporting construction and pump installation are available from the Division of
Water Resources offices or online at www.water.state.co.uslpubslwellfonns.asp
These forms are:
GWS--31 -Well Construction and Test Report
GWS-32 -Pump Installation and Test Report
If you have any questions, please contact the Ground Water Information Desk at (303)
866-3587 between the hours of 9:00 AM and 4:00 PM Monday through Friday.
Sent to owner on -,-1-_2-_2_· _0_7-'-.. _____ _
By: ~
•:" .. . .
• • • •
oJ '171 ..
BilOwons
ea..mor
• ..,.)1 Ceo""
Eucutive Diredo!'
Hal D. Simpson, P.E.
State Engineer
STATE OF COLORADO
OffICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman 5treet, Room 816
Den~r. Colorado 80203
Phone (303) 866·3581
FAX (J03) 866-3589
www.water.state.co.us
Well Permit Number: 0777-F
NOTICE
Your request for an extension of time to construct the well and/or install pumping
equipment has been received and reviewed.
You are hereby given notice that the State Engineer has approved an extension of ODe
yearto ::r'tll~"-/ r I Z-<!>O,? ,
A copy of the amended well permit is enclosed. Please be advised that pursuant to
Colorado Revised Statute 37-90-I37(3)(a)(I)(B), additional extensions cannot be
approved.
Proof of well construction and pump installation must be submitted to this office prior to
the expiration date of the permit. Contractors are required to submit their respective
reports affirming construction of the well and the installation of pumping equipment
Well owners who wish to construct their own well and/or install pumping equipment
must first successfully complete an examination prescribed by the Board of Examioers of
Water Well Construction and Pump Installation Contractors as well as submit these
reports upon completion of the construction and/or instaIlation.
Forms for reporting construction and pump instaIlation are available from the Division of
Water ResourCes offices or online at www.water.state.co.uslpubslwellfonns.asp
These fonns are:
GWS-31 -Well Construction and Test Report
GWS-32 -Pump Installation and Test Report
If you have any questions, please contact the Ground Water Infonnation Desk at (303)
866-3587 between the hours of9:00 AM and 4:00 PM Monday through Friday.
Sent to owner on...!...! ~_~_Z_·_O..:.7~ _____ _
By: MC
Bill Owens eo.._
.URlIGeo<so
~tiveOi~
Hi! D. Simpson, P.E.
State Engineer
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Nawral Resources
1313 Sheman Street. Room 818
Denver. Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3569
lNWW.water.sta~.co.tIS
Well Permit Number. '17 7 (, . r=
NOTICE
Your request for an extension of time to construct the well and/or install pumping
equipment has been received and reviewed.
You are hereby given notice that the State Engineer has approved an extension of one
year to :TIt""""[ r J 'l-G> o'j$' ,
A copy of the amended well permit is enclosed. Please be advised that pursuant to
Colorado Revised Statute 37-90-1 37(3)(a)(I)(B), additional enensions cannot be
approved.
Proof of well construction and pwnp installation must be submitted to this office prior to
the expiration date of the permit. Contractors are required to submit their respective
reports af"nrming construction of the well and the installation of pumping equipment.
Well OWDm who wish to construct their own well and/or install pumping equipment
must first successfully complete an examination prescribed by the Board of Examiners of
Water Well Construction and Pump Installation Contractors as well as submit these
reports upon completion of the construction and/or installation.
Forms for reporting construction and pump installation are available from the Division of
Water Resources offices or online at www.water.state.co.uslpubslwellfonns.asp
These forms are:
GWS-31 • Well Construction and Test Report
GWS-32 -Pump Installation anc! Test Report
If you have any questions, please contact the Ground Water Information Desk at (303)
866-3587 between the hours of9:00 AM and 4:00 PM Monday through Friday.
Sent to owner on ....:1'-~_2._Z_·_0_7.:.-_____ _
By: M:
Bi!IOwens
Go.omor
IWsseII c.o..,
Executive Di~
Hal O. 5,,"_. p.t
State Engineer
STATE OF COLORt\DO
OFFICE OF THE STATE ENGINEER
Oiyision of Water Resources
Department of Natural Resources
1313 Shennan Stre<t, Room B18
Denver, Colorado B0203
Phone {303} 866-3581
FAX {30l} 866-3589
www.water.state.CO.Ui
Well Permit Number: ,> 7 7 S -F
NOTICE
Your request for an extension of time to construct the well and/or install pumping
equipment has been received and reviewed.
You are hereby given notice that the State Engineer has approved an extension of one
yearto ::1'tH".''f r J '2-~O'6'
A copy of the amended well permit is enclosed, Please be advised that pursuant to
Colorado Revised Statute 37-90-1 37(3)(a)(I)(B), additional extensions cannotbe
approved.
Proofofwell construction and pump installation must be submitted to this office prior to
the expiration date of the permit. Contractors are required to submit their respective
reports affurning construction of the well and the installation of pumping equipmenl
Well owners who wish to construct their own well and/or install pumping equipment
must fin;t successfully complete an examination prescribed by the Board ofExarniners of
Water Well Construction and Pump Installation Contractors as well as submit these
reports upon completion of the construction and/or installation.
Fonns for reporting construction and pump installation are available from the Division of
Water Resources offices or online at www.water.state.co.uslpubslwellfonns.asp
These forms are:
GWS-31 -Well Construction and Test Report
GWS-32 -Pump Installation and Test Report
If you have any questions, please contact the Ground Water Information Desk at (303)
866-3587 between the hours of 9:00 AM and 4:00 PM Monday through Friday.
Sent to owner on ...:1,-~_z._Z_-_(J_1:..· ______ _
By: t6(:
•
. '"1.
~;;-,~ . . .
• • ·1171 ...
BiIt~
eo..mor
,,,,5.11 Geo,..
Executive Dire:tor
Hal D. Simpson, P.E.
Stat!! Engin~
STUVER, LEMOINE & CLIFTON, P.C .
THOMAS W . STUVER
DAN IEL D . LEMOINE
BARBARA L. CLIFTON
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
May 8, 2007
David Pe s nichak , Senior Planner
Garfield Co unty Building and Pl a nning
108 Eighth Street, Suite 201
Glenwood Springs, CO 8160 I
RE: Big R Commercial Park Subdivision
Dear Dave:
R~CEr/ED
MAY 1 0 Z007
eGAii"ii:'"([l "(' 'u.,. UILDil 'G ,,: • .', / Y
, " ; 'LA/liVIN G
TELEPHONE 970·625-1887
FAX 970 . 625·4448
As you know, the Board of County Co mmissioners approved the revised Preliminary Plan for the
s ubdivision on April 2, 2007. With the current fire protection system approved by the County
Commissioners, Big R Commercial Park is ready to proceed to final plat.
Enclosed please three copies of the Fina l Plat application, draft final plat, and other supplementa l
information for the above -referenced subdiv ision .
The supplementa l information re quired for final plat as set forth in Section 5.30 the Garfield Co unty
Subd ivision Regulations is addressed as fo ll ows:
I. Engineering plans, description s and cost estimates for s treets , drainage facilities , water and sewage
dispo sa l sys tem s , bridges and other improvements marked "Approved for Co nstructi on."
Response: A copy of the engineering plans and cost estimates from Colorado River Engineering
are attached.
2 . Subdivi s ion Impr ovements Agreement and Consent to Vacate the F in a l Plat exec uted between the
Applicant s and the County.
Res ponse: A draft SIA is attached.
3. Certification of the County Treasurer's Office that all app li cable ad valorem taxes have been paid
prior to that in wh ich the subdiv is ion approva l is granted.
Response : Ce rtification from the Co unty Treasure r's Office that all applicable taxe s have been
paid is attached.
4. Copy of Subdiv is ion Covenant s.
Response:
Garfield County Building and Planning
RE: Big R Commercial Park Subdivision
Page 2
A draft of the Declaration of Covenants, Conditions and Restrictions is attached.
5. Evidence that all services, including water, sewage disposal and roads, comply with state and local
laws and regulations, and shall be available to each subdivision lot to the extent necessary for use
of such lots in the manner permitted by zoning and covenants affecting the lots.
Response: Electric, natural gas, and telephone service are available on or adjacent to the lots
and can be accessed from Big R Road. Lots 1 and 2 have existing ISDS. The ISDS
for the remaining Lots are required to be designed by a registered professional
engineer as set forth in the Plat Notes and the Declaration of Covenants, Conditions
and Restrictions are more fully set forth below. Proposed leach field location are
show on Sheet No. 4 of the construction plans prepared by Colorado River
Engineering. Water for the Lots will be provided by existing wells on Lots I and 2
and permitted wells on the remaining lots. The West Divide Contract augmenting
these wells will be administered by the Lot Owners Association, Inc. As set forth in
the Declaration of Covenants, Conditions and Restriction. Driveway access for Lots
2 through 10 will be via Big R Road onto State Highway 6 & 24 pursuant to CDOT
Permit No. Permit No. 399020. Lot I has direct access to Highway 6 & 24 pursuant
to CDOT Permit No. 399019 and a historic unpermitted access.
6. Approved site location approval from the Colorado Department of Health, Water Quality Control
Division.
Response: Site location approval from the State is not required for this project.
7. Written evidence of an adequate legal supply of water shall be provided in a form consistent with
the requirements of the resolution approving the Preliminary Plan, the report of the State Engineer
submitted for consideration at Preliminary Plan review, and the requirements of this section.
Response: An adequate legal supply of water is evidenced by Colorado Division of Water
Resources Well Permit Nos. 63775-F, 62976-F, 63776-F, 63777-F, 63778, F 63778-
F, 63779-F, 63780-F, 63781-F, 63782-F, and 63783-F for Lots 1 through 10,
respectively. Copies are attached of the well permits and West Divide Water
Conservancy District Water Augmentation Contract No. 040518BRCP. The "no
material injury" letter from the State Engineer's Office dated November 24, 2004 was
incorporated into the original Preliminary Plan record at Exhibit U. The subsequent
"no material injury" letter from the State Engineer's Office date January 22, 2007
was incorporated into the revised Preliminary Plan record at Exhibit J.
8. School site approval or cash in lieu and fire district impact fees based on a study of the fiscal
impact on the district by new subdivision development, approved by the Board of County
Garfield County Building and Planning
RE: Big R Commercial Park Subdivision
Page 3
Commissioners and Planning Commission.
Response: Because no residential lots are created, no fees are required.
9. Management plan for the operation and maintenance of individual sewage disposal systems.
Response: A management plan for the operation and maintenance of ISDS within the
subdivision is contained in Section II.O~ of the Declaration of Covenants,
Conditions and Restrictions.
Additionally, at Preliminary Plan approval, the Board of County Commissioners required certain
other items to be finalized on or before final plat pursuant to Resolution No.2007-32 recorded as
Reception No. 721184 in the Office of the Garfield County Clerk and Recorder. Those items are
addressed as follows:
10. The Applicant shall obtain and maintain valid well permits for the proposed wells pursuant to
a court approved plan for augmentation or pursuant to the District Temporary substitute supply plan.
Response: Copies are attached of Colorado Division of Water Resources Well Permit Nos.
63775-F, 62976-F, 63776-F, 63777-F, 63778, F 63778-F, 63779-F, 63780-F, 63781-
F, 63782-F, and 63783-F for Lots I through 10, respectively.
II. The Applicant shall submit an ISDS operation and maintenance plan which is adequate and
consistent with other commercial approvals for a non-discharging system for the proposed
subdivision prior to approval of the Final Plat. All ISDS must be designed by a Registered
Professional Engineer in the State of Colorado and are for domestic waste only. An initial attempt
shall be made to identifY projected ISDS uses and all upgrades shall require a separate septic permit
at the time of new building permit issuance.
Response: Section I I .O~ofthe Declaration of Covenants, Conditions and Restrictions addresses
the ISDS operation and maintenance plan. Further, Plat Note 3 requires that all ISDS
be designed by a registered professional engineer in the State of Colorado.
12. The Applicant shall be required to develop a covenant prohibiting the discharge of any caustic
materials or heavy metals, prior to approval of the Final Plat.
Response: Section I I.O~ ofthe Declaration of Covenants, Conditions and Restrictions addresses
the prohibition on discharge of caustic materials and heavy metals.
13. The Applicant shall submit and gain approval ofa City of Rifle Watershed Permit, and submit
said permit to the Garfield County Building and Planning Department prior to BOCC approval of
the Final Plat.
Response:
Garfield County Building and Planning
RE: Big R Commercial Park Subdivision
Page 4
A copy of the City of Rifle Watershed Permit is attached.
14. The Applicant shall create a Lot Owners Association (LOA) and covenants to address in detail
all future interior road maintenance of the proposed subdivision and modifications to the approved
access permits in the Colorado Department of Transportation ROW due to increases in ADT. All
documentation regarding the LOA and the allocation of payment and the responsibility and how such
costs will be allocated within the lot owners for the CDOT improvements and the internal road shall
be submitted with the Final Plat The interior road shall be paved and built as a minor collector,
constructed as per County requirements, dedicated to the public and maintained by the Lot Owner's
Association and cannot be private unless approved as such through a Planned Unit Development.
Parking shall be addressed at the time of all new building permit reviews.
Response: Attached are copies of the articles and bylaws of Big R Lot Owner's Association.
Section 12 ofthe Declaration of Covenants, Conditions and Restrictions address the
CDOT improvements and the internal road. Attached is an e-mail dated December
6,2005 from Dan Roussin ofCDOT demonstrating his approval of the CDOT permit
improvements language in Section 12 ofthe Declaration of Covenants, Conditions,
and Restrictions. Sheet No.2 of the construction plans generated by Colorado River
Engineering demonstrates that the internal road (Big R Road) complies with the
County's standards as a minor collector.
IS. The Rifle Fire Protection District requires the Applicant shall design and install fire protection
measures and provide the proposed design and cost to be detailed in the Subdivision Improvements
Agreement which shall be submitted prior to Approval ofthe Final Plat. These measures are noted
below:
a) The Applicant shall provide a minimum of I 00,000 gallons offire protection water to the
proposed site which is to be equipped with a dry hydrant connection. It shall be the responsibility
of the Lot Owners Association to maintain the system including, but not limited to, filling and
maintain the water level of the cistern(s) at all times
b) Each new and existing enclosed building shall be equipped with an early detection fire
alarm system consisting of, at a minimum, heat detection, smoke detection where applicable, and
manual activation.
c) The main internal road, as well as all individual driveways and easements shall be
constructed to accommodate the heavy weight offire apparatus during adverse weather conditions.
Roadways shall be a minimum of24 feet in width and shall be in place and accepted prior to Final
Plat approval.
d) The internal access road for emergency vehicles to County Road. 221 shall have an
unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13 feet 6 inches.
Garfield County Building and Planning
RE: Big R Commercial Park Subdivision
Page 5
e) Addresses shall be posted in a conspicuous location so they are readily identifiable.
f) Each individual building shall be reviewed at the building permit phase to evaluate any
additional fire protection requirements. These additional items may become necessary depending on
the type of construction and use of the buildings.
Response: The fire protection plan is addressed in the Declaration of Covenants, Conditions and
Restrictions and Sheet No.2 of the construction plans prepared by Colorado River
Engineering. Sheet No.2 ofthe construction plans shows the fire protection system
approved in items (a) and (c ).ltems (b), (e) and (f) are included in Section 11.02 of
the Declaration of Covenants, Conditions, and Restrictions.
16. The Applicant shall implement and follow the noxious weed management plan found in the
application and place this plan in the Declaration of Covenants, Conditions and Restrictions.
Response: The noxious weed management plan is found is section 9.04 of the Declaration of
Covenants, Conditions, and Restriction. Applicant agrees to implement and follow
such plan.
17. The Applicant shall treat and remove Russian olive trees that are present on the property prior
to Final Plat approval.
Response: The Applicant has removed the Russian olive trees on the property.
18. The Applicant has submitted documentation which states that all lots shall be prohibited from
any dwelling uses. This restriction shall be detailed in the Lot Owner's Association Declaration of
Covenants, Conditions and Restrictions to be submitted with the Final Plat. The document will
further state that "future residential use is possible on specific lot(s) with approval of the BOCC
pursuant to a re-subdivision process including preliminary and final platting with approval ofa water
supply plan, payment of school impact fees, review of traffic impacts and all other review required
by the land use code of Garfield County then in effect."
Response: The prohibition on residential uses is set forth in section 3.01 of the Declaration of
Covenants, Conditions and Restrictions.
19. All utility extensions shall be laid in the same trench.
Response: All utility extensions will be laid in the same trench as shown on Sheets 4 and 5 of
the construction plans of Colorado River Engineering.
20. The Applicant shall add these plat notes to the Final Plat:
Garfield County Building and Planning
RE: Big R Commercial Park Subdivision
Page 6
a) "Individual City of Rifle Watershed Permits shall be required for all new uses on all lots
and a copy of the current and site specific permit shall be submitted with any new applications for
a building permits."
b) "The owners of all lots shall be prohibited from constructing or using any existing
structures for any dwelling uses. This restriction is detailed in the Lot Owner's Association
'Declarations of Covenants, Conditions and Restrictions' as submitted as part of this Final Plat. The
document provides that "future residential use is possible on specific lot(s) with approval of the
BOCC pursuant to a re-subdivision process including preliminary and final platting with approval
ofa water supply plan, payment of school impact fees, reviewoftraffic impacts and all other review
required by the land use code of Garfield County then in effect."
c) "All ISDS systems must be designed by a registered Professional Engineer."
d) "Each new individual building shall be reviewed at the building permit phase to evaluate
any additional fire protection requirements and no permit will be issued without a Rifle Fire
Protection District approval letter. "
e) "Site specific geotechnical studies shall be conducted far individual new lot development
and a copy of each pertinent study shall be included as a part of all new building permits
applications."
f) "The Maximum Lot Coverage for all Commercial uses shall be eighty-five percent (85%)."
g) "All streets are to be dedicated to the public, are not private, and shall be maintained by
the Lot Owner's Association as detailed in the Declaration of Covenants."
h) "All permissible Commercial establishments in this district shall be allowed when these
four (4) requirements are observed;
(I) All fabrication, service and repair operations are conducted within a building;
(2) All storage of materials shall be within a building or obscured by a fence;
(3) All loading and unloading of vehicles is conducted on private property;
(4) No dust, noise, glares or vibration is projected beyond the lot;
(5) All lot owners shall maintain that all outdoor lighting shall by directed downward and
inward."
i) As each new Building Permit is submitted to the Garfield County Building and Planning
Garfie ld County Bui ldin g and Plannin g
RE : Big R Comm ercia l Park Subdi v is ion
Pa ge 7
Depm1ment, eac h lo t owner s hall a ls o submit the most rece nt up-to-date "count of th e actua l average
daily trip analysis" as required to be determined by th e Lot Owners Association and approved by the
Co lorado Department of T ra n s porta ti on a t va riou s int erva ls throu g h o ut th e development of the lo t s
in th e s ubdi v is io n. T his requirement is described in th e Access and U tilities/C OOT Pe rmit
Co mpliance sec ti on of th e Declaration of Cove nant s , Con diti ons and Restrictions for Big-R
Com mercia l Park.
j ) "It shall be th e respons ibility fo th e Lot Owners Association to mainta in th e fire protection
sy s tem including , but not limited to , fillin g a nd ma inta inin g th e water leve l of th e cis tern (s) at a ll
tim es , all a ssoc iat ed fire protection infrastructure a nd the ea rl y detec tion syste ms ."
k) "Eac h new and exist in g enclosed building sha ll be equipped wi th an early detection fire
alarm system inclu d in g but not limit ed to, heat detection, s moke detection where ap plicable , and
manu a l ac ti va tion."
Response:These pl a t not es have bee n included in th e final pl at
I believe th at th e informati o n attached and presented here in covers th e info rm a tion required a t Final
Pl a t s ubmitt a l. Pl ea se feel free to co nt act me s ho uld ifhave a ny questions or need addi tiona l copies
of the s ubmitta l informati on .
Very trul y yours ,
Barbara L. C lift o n
cc: B ig R E nt erprise s, LLC
I'" ~f\lr.~IHlj,~'I~lrlK.rftIlM\'l¥Jf',,",~11I I' "' ~eceptlon~: 750602
06/17/2008 01:03:36 p~ Jean Rlberico
1 of 4 Reo Fee;$0.00 Doc Fee:0,00 GARFIELD COUNTY CO
ACKNOWLEDGEMENT OF FffiBT PARTIAL SATISFACTION
SUBDMSION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, Big R Enterprises, LLC (hereinafter "Owner"), entered into a Subdivision
Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado·
(hereinafter "Board"), recorded as Reception No. 736856 of the Garfield County records on October
12, 2007, for the improvements of Big R Commercial Park Subdivision; and
WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of
$409,906.56 in ord~r to secure the subdivision improvements to be constructed by the Owner as
required in the SIA; and
WHEREAS, the obligations of the Owner have been partially satisfied in part, as verified in a
statement from Christopher Manera, Colorado River Engineering (Colorado Registered P.E. 30579),
dated June 2, 2008 that work has been completed consistent with improvements described in the
Subdivision Improvements Agreement.
NOW THEREFORE, at the request of the Owner and in consideration of the premises and
prior agreements, the Board hereby acknowledges this first partial satisfaction of the Subdivision
Improvements Agreement entered into by the Owner and the Board for the release of security in the
amount of $331,042.56 for work completed consistent with improvements described in the
Subdivision Improvements Agree leaving a balance in the irrevocable Letter of Credit of
$78,864.00.
By:
Ch·
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this Ie, . day of . J~ . 200J, by John Martin, as Chairman of the Board of County Commissioners of
Garfield County, Colorado.
WITNESS my hand and official seal.
My commission expires ~ m aV¥4u;
fa no> Garfi County Clerk
L ,
1111 ~i'li. '1"~'rlIIII"IIU~'11~'I~~~1"I~~II:~lrll.+Ji, ~I~ II" I
Receptlon#: 736850
11/07/2007 09:53:53 AM Jean Rlberico
1 of 1 Ree Fee:$6.00 Doc Fee:O.00 GRRFIELD COUNTY CO
ASSIGNMENT AND ACCEPTANCE
For value received Big R Enterprises, LLC and Rifle Ski Corporation (collectively
"Assignor") hereby assign all their right, title and interest in and to Colorado Department of
Transportation Access Pennit No. 399020 and CDOT Access Pennit No. 399019 (the "Pennits")
unto Big R Lot Owners Association, Inc. ("Assignee") and Assignee accepts from Assignor all right,
title and interest in and to the Pennits. This Assignment shall be binding on and insure to the benefit
of the parties; successors and assigns. Each person signing hereunder warrants that he has the
capacity and the authority to sign this Assignment on behalf of the respective entity which is being
represented.
Date: ftJ~
ASSIGNOR: ASSIGNEE:
Big R Lot Owners Association, Inc.
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this ID±: day of [t -b k:t4
2007, by Peter Van Domelen as Manager of Big R Enterprises, LLC and Robert M. Regulski as
Manager of Big R Enterprises, LLC, as President of Rifle Ski Corporation, and as President of Big
R Lot Owners Association, Inc.
Witnes d official s ,~~~.:I0 My,1i IOn,~4il}<,e 4~,'\'\8n;;'.;<~ 0:0 v.,
0: .~ , . : :co , '.:to.
.. ~:~ ~",11:J""'). 0./-41:6 '-I', v ,'.1-0 .;;f/70'NN·~'\ ...
· 1III WI. rll~IV!',HH ,!~f,!jUI~~~n'l·I,,~:~,lt~'U,~'Y 1IIII
Receptjon~: 736859
11/07/200709:53;53 AM Jean Alberico
1 of 1 Ree Fee:$6.00 Doc Fee:O.00 GARFIELD COUNTY CO
ASSIGNMENT AND ACCEPTANCE
For value received Big R Enterprises, LLC, and Rifle Ski Corporation (collectively
"Assignor") hereby assign all their right, title and interest in and to West Divide Water Conservancy
District Amended Water Augmentation Contract No. 0405l8BRCP(a) (the "Contract") unto Big
R Lot Owners Association, Inc. ("Assignee") and Assignee accepts from Assignor all right, title and
interest in and to the Contract. This Assignment shall be binding on and insure to the benefit of the
parties; successors and assigns. Each person signing hereunder warrants that he has the capacity and
the authority to sign this Assignment on behalf of the respective entity which is being represented.
Date:546
ASSIGNOR: ASSIGNEE:
Peter Van Domelen, Manager
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this I rJ1-day of 0 ( +0 ~ ,
2007, by Peter Van Domelen as Manager of Big R Enterprises, LLC and Robert M. Regulski as
Manager of Big R Enterprises, LLC, as President of Rifle Ski Corporation, and as President of Big
R Lot Owners Association, Inc.
Witness u:y hand an~ officiay.,s.e
My com I es: --.Ufc....LI.,.L...L1-L ___ ---7~/ '-I."~""'" 0.-v . ".~'~R Y '0 ••
;:;?; .. ' " r~ ", .... ·0 . ot::C: '0 m,Z .
0::° :0 d.~ O:~ to· ...... : ~
"I v." 0 ". PU~",O" s······e.·· c;
rATE o~
~ --------------
PERIOD ENDING GROSS F.I.C.A. F. W-H S.W·H NET PAY
1$110.00 110/BLC/Big R Enterprises, LLC/Assignment of Ownership
NET CHECK
FOR:
PAY
TO THE
ORDER
OF
DETACH THIS STUB BEFORE CASHING
STUVER, LEMOINE & CLIFTON, PC.
ATIORNEYS AT LAW
PO BOX 907
120 WEST THIRD STREET
TELEPHONE (970) 625-1887
RIFLE, COLORADO 81650-2297
.zu..
1020
N~ 32345
DATE 12-3-07
One Hundred and Ten and NO/100 ----------------------DOL~RS $ 110.00
I I
Went DIvide Water Conservancy District
L
STUVE~' I..EMOIN &,&:LIFTON, P.C.
I ./'") ~S T LAW _.J., __ /;? / . '7 ; .~A L _ WELLS FARGO BANK WEST, NA RIFlE, COLORADO
u'O:l 2 :II, 5u" .: ~O 20000? 1;': ?OBO"l 2 51;0 Lu'
//
r
.--
l /'
~ilnd Recorder R~cordll~g l,lrOlIlU('()Ll
WEST DIVIDE WATER CONSERVANCY DlSTRlCT
APPLICATION FOR ASSIGNMENT OF OWNERSHIP
COlltract 1# 040518BRCP(b)
Map 10 #500a-500j
Dale Activated 5118/04
Date Amended lonS/04
Water Allotment Contract #: 04051 8BRCP(b)
December 3. 2007 Date: __________ _
Name of Contract Holder: "BIG R COMMERCIAL PK", RlFLE SKI CORP
Name and Address of Assignee: Big R Lot Owners Associatiou! Inc., P.O. Box 9, Rifle", CO 81650
Telephone Number: 970-625-2410
Amount of Water Assigned in Acre Feet: 11.03
Legal description of parcel where well is located: SEE ATTACHED LEGAL DESCRIPTION
Recording Information ofMemorandulll
of Water Allotment Contract:
County GARFIELD
Book 1598
Reception No. 654595
Page 597
The undersigned Contract Holder and Assignee do hereby give notice to and make application to West Divide Water
Conservancy District for the assignment ofthe 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
exhibits thereto, 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.
Rifle Ski Corporation
~o'ntraet Holder) sident
(Assignee)
STATE OF COLORADO
) 55,
COUNTY OF GARFIELD ) d n. /." A
The foregoing instrument was acknowledged before me on this L day of iP~/2007, by
~R~o~b~e~r~t:..cM~ ..... R~e~gu~1~s~k=i .... a=s~M~a~n~a~g~e~r~o~f~s,'~~~E~n~t~e~r~p~r~i~s",~s ~ LLC and President of Rifle Ski -Corporation
My commission expi"ft.:Q;mj.""'~'-"~~7T
,'1:r-.
STATE OF Cg1gradg '-.... :~
) ss. \.\'
COUNTY OF Garfield ) '..-;' . 8(/.) f7~ &--1,
The foregoing instrument was ae nowledged before me on this day of UL~l ,200.1, by
APPROVED BY ""'OT' n,un'"
Date
(
Aller recording retUn! to West Divide Water Conservancy Dis!fJc!, POBox 1478, Rine, CO 81650-1478 (970) 625-5461
PROPERTY DESCRIPTION
A TRACT OF LAND SITUATED IN SECTION 11, TO\JNSHIP 6 SOUTH, RANGE 93 VEST OF THE 6TH
P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRAcr or LAND BEING DESCRIBED BY
METES AND BOUNDS AS rOLLOVlS:
BEGINNING AT THE SOUTH'w'[ST CORNER OF THE SEl/4NE114 OF SAID SECTION 11;
THENCE S.89·40'36'E. 300.83 FEET) THENCE S.63·43'02''w'. 1337.91 FEET)
THENCE N.00·12'OO''w'. 597.08 FEET) THENCE S.89·48'45'[. 104.57 FEET)
THENCE N.00·21'56'E. 1318.18 FEET; THENCE S.89·52'06'[. 793.77 FEETJ
THENCE $,00·15'20'\01, 1318.95 FEET TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINING 32,31 ACRES, MORE OR LESS.
Current Jan1/ary 2004
APPLICATION TO AMEND. WATER LEASE FROM
WEST DIVIDE WATERCONSERV ANCY DISTRICT
Contract # 040518BRCP(a)
Map #500a-500j
Date Activated 5/18/04
Date Amended 10/28/04
1 AC) West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650
1. APPLICANT INFORMATION
Name "Big R Conunercial Pk". Rifle Ski Corp c/o Robert Regulski
Mailing Address: PO Box 9 Rifle, Colorado 81650
Telephone: 970-625-2410
Authorized agent: Christopher Manera, Colorado River Eng. Inc.
2. COURT CASE #'s: Decree Case No.~~~~~~~_
Augmentation Plan Case No. _~_~~ __ ~~_~_
3. USE OF WATER
. 0 RESIDENTIAL (check applicable boxes)
o Ordinary household use Number of dwellings: o Subdivision: No. constructed units: No.-v-a-c-an-t-l-ot-s-: ~-
o Home garden/lawn irrigation of sq. ft. --
Method of irrigation: 0 flood 0 sprinkler 0 drip 0 other
o Non-corrunercial animal watering of animals
o Fire Protection
Well Sharing Agreement for multiple owner wells must be
submitted.
If ,)MMERCIAL (check applicable boxes)
I'. __ ,oer of units: 10 lots Total sq. ft. of conunercial units: N/A
Description of use: Not fully developed, vacant lots from 2 to-9-
acreS±, Zoned Commercial GeneraL pending county sub-division.
Conunercial uses-in-house supply and outside uses to include
irrigation and vehicle washing.
o INDUSTRIAL
Description ofuse:._~~~~~~~~~~~~~~~_
Evaporation: Maximum water surface to be exposed:
Description of any use, other than evaporation, and me-th:-o-d-:--of:--
diversion, rate of diversion, and alUlUal amount of diversion of any
water withdrawn from the pond:~~~~~~~~~~~_
o MUNICIPAL
Description ofuse:._~~~~~~~~~~~~~~~_
4. SOURCE OF WATER
Structure: Up to 10 Wells StmctureName: BigR Wells I to 10
Source: 0 Surface 0 Storage 0 Ground water
Current Permit # -,=-::~~~~~~~~~ (if applicable)
~ .ect Pumping: Tributary:~~~~~~~~~~~~_
L0,~"on:._~~~~~~~~~~~~~~~~~~_
5. LOCATION OF STRUCTURE
Garfield NW/SE and SWINE
County
II
Section
Quarter/quarter
6S 93W
Township Range
Quarter
6th
Principal Meridian
Distance of well from section lines See Attached List
Elevation: 5370 -
Well location address: 28485 Highway 6 & 24. Rifle, CO
(Attach additional pages for multiple structures)
6. LAND ON WHICH WATER WILL BE USED
(Legal description may be provided as an attachment)
Parcel pending subdivision into 10 lots, see sketch plan for parcel
legal description and proposed lot layout .
Number of acres in tract: ",3fc2.",3C!1~~~_
Illclusion illto tlze District, at Applicant's expense, may be
required.
7. TYPE OF SEWAGE SYSTEM
o Septic tank/absorption leach field 0 Central system 0 Other
District name:_~~~~~~~~~~_~~~~~_
8. VOLUME OF LEASED WATER NEEDED IN ACRE
FEET: 11.03 (minimum of I acre foot)
Provide ellgineering data to support volume of water requested.
Commercial, municipal, and industrial users must provide
diversion and consumptive data on a montllly basis.
A totalizing flow meter witlz remote readout is required to be
illstalled and usage reported to West Divide.
Applicant expressly acknowledges it has Izad tlze opportunity to
review tlze District'sform Water Allotment Contract and agrees
tlzis application is made pursuant and subject to the terms and
conditions cOfltained therein.
Application Date: to -~ /-0 I(
e!MitJrn /'
Applicant Signature ..........
Applicant Signature
DATEAPPROVED:_ /DM6'1'
WEST DIVIDE WATER CONSERVANCY TRlCT
PROPERTY DE SCRIPT TON
A TRACT OF LAND SITUATED IN SECTION 11, TO\.INSHIP 6 SOUTH, RANGE 93 \.lEST OF THE 6TH
P,M" COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING DESC,~IBED 3Y
METES AND BOUNDS AS FOLLO\.lS,
BEG1NNING AT THE SOUTH\.IEST CORNER OF THE SE1I4NE1/4 OF SAID SECTION 111
THENCE S.89'40'36'E, 300.83 FEETI THENCE S.63'43'02'\.I, 1337,91 FEET)
THENCE N,OO'IZ'OO'\.I, 597,08 FEET) THENCE S,89'48'45'E. 104.57 FEET)
THENCE N.OO'ZI'56'E. 1318.18 FEETI THENCE S.89·52'06'E. 793.77 FEET)
THENCE S,00'15'20'\.I. 1318.95 FEET TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINING 32.31 ACRES, MORE OR LESS.
'" ~
Q,
"'-
Ie
-+
.5
n
..l
Table 1
Big R Commercial Park
Annual Well Diversion and Consumptive Use Limits
DEMAND ESTIMATES
Outside use
Diversions Diversions Consumption Consumption Employees Irrigated Area (veh wash)
Lot Acreage (acre-feet) (gallons) (acre-feet) (gallons) (sq.ft.) (gal/day)
1 8.91 3.35 1,092,904 2.43 791,103 24 18000 1200
2 3.91 2.24 728,603 1.62 527,402 16 12000 800
3 2 0.96 312,969 0.68 222,270 I 6 8000 200
4 2 0.96 3'12,969 0.68 222,270 I
5 2 0.96 312,969 0.68 222,270 I
I
6 8000 200
6· 8000 200
6 2.01 0.96 312,969 0.68 222,270 6 8000 200
7 2.03 0.96 312,969 0.68 222,270 6 8000 200
8 2.87 0.96 312,969 0.68 222,270 6 8000 200
9 2.45 . 1.51 492,969 1.23 402,270 6 8000 200
10 2.33 0.96 312,969 0.68 222,270 6 8000 200
Totals 13.83 4,505,256 10.06 3,276,665 94000
Notes:
-Div Demands = # of employees @ 30/gal/day + irrigated area * 2.33 feet cu demand/80% app eft. + vehicle washing
-Consumptive Use = 15% employee demands assuming ISDS treatment + irrg cu + 100% vehicle washing
-Table prepared to show the amount of water available to each lot covered under the water augmentation contract through the West
Divide Water Conservancy District. Water demands could be increased by each lot but would require amendment of water contract
(see subdivision covenants). Water contract totals 11.0 ac-ft and assumes 10% conveyance assessment.
-Lot 9 well includes additional 180,000 gallons per year for fire fighting water storage tank.
DEMANDs.XLW
Summary All 7/6/2004 by: Colorado River Engineering, Inc.
Table 2
Water Diversion' and Consumptive Use Demands
Big R Commercial Park -Lot 1
I --~~~~~~~~~~~~
SUMMARY OF INPUT DATA USED IN CALCULATING DEMANDS
~n·house-uses
(A)I~n-house
(8)J~n.house use
(e) Employees (D;~n-house deplefion
I?utside uses
(ElWrigatecl area
(F).~lrrigated Area
(G) Irrigation Efficiency
(H} Vehic!elwashing
(I) Fire Fighting tank Refill
6 units
30 gal/day/employee
4 per unit
15% (ISOS Treatment)
3000 sq.ft.funit
0.413 acres '" (Al x (D)l43560
80%
200 gailday/unii (assumed 100% depletive)
o gal/year
Unit Consumptive Use Demands (Irrigation and Water Feature Uses, if any)
JAN I FEB MAR I APR MAY
(J) 1!Ji alion feet 0.001 000 0.00 0.181 0.421
JUNI
0.51
(1) '" (Al x (8) x C) x days in month /325800
(2) = (F) x (J) I (G)
(3) '" CA) x (H) x days in monlhf32580Q
(4)::: (1)/12 months
(5) = (1) x (D)
(6) = (2) x (G)
(7) = (3)
(8) = (4)
(9) ::: (5) + (6) + (7) + (8)
(10):::: {(9) x 1 O%} +(9)
JUll
0.461
AUGI
0.34
SEPI OCTI Novl
0.29 0.13 0.001
DEC ANNUAL
0.00 2.33
R Commercial Park -lot 2
I I
SUMMARY OF INPUT DATA USED IN CALCULATING DEMANDS
tin-house uses
~~Ithouse ) In-h ou~e use
) Employees
(A
(B
(C
(0 ) In-house decletion
Outside uses
) Irrigated area (E
(1')
(0
(H
(
Irrigated Area
) Irrigation Efficiency
) Vehicle!washlng
I) Fire Fighting tank Refill
4 units
30 gaVday/employee
-4 per unit
15% (150S Treatment)
3000 sq.ft./unit
0.275 acres = (A) x (0)/43560
80%
200 gal/day/unit (assumed 100% depletive)
o gal(year
Unit c.onsumptive Use Demands (Irrigation and Water Feature Uses, if any)
JAN FEBI MAR APRI MAYI
(J)lrri alion feel 0.00 0.001 0.00 0.18 OA2
JUN
0.511
7(612004 Colorado River ::'ngineering
(1) = (A) x (B) x C) x days in month (325800
(2) = (F) x (J) I (G)
(3) = (A) x (H) x days in monlh(325800
(4) '" (1)/12 months
(5)= (1)x(D)
(6) = (2) x (G)
(7)= (3)
(8) = (4)
(9) = (S) + (6) + (7) + (8)
(10) = {(9) x 10%} +(9)
JUL AUG SEP OCT
0.461 0.34 0.29.1 0.13
NOVI
0.00
DEC ANNUAL
0.00 2.33
M . \C R: Ejobfiles \500-3ig R\D =: MAN Os.XL W
Table 3
Water Diversion and Consumptive Use Demands
Bi R Commercial Park -Lots 3 through 8, and 10
I I I
SUMMARY OF INPUT DATA USEDIN CALCULATING DEMANDS
In·house uses
(A)I~n~house .
(BlI~n.house ~se
7 lots
(1) = (A) x (a) x C) x. days in month I 325800
(2) = (F) x (J) I (G)
(cl. Employees
{OJIIn-house depletion
IOuts!de uses
(E)i!rrigated area
(F) Irrigated Area
(G)I!rrigafion Efficiency
(HllVehicielwashing
(I) Fire Fighting tank Refill"
30 gaVday/employee
6 per lot
15% (ISOS Treatment)
8009 sq.ft.lunit
1.286 acres = (A) x {D)/43560
80%
200 gaVday/unit (assumed 1000..40 depletive)
o gaVyear
Unit Consumptive Use Demands (Irrigation and Water Feature Uses, if any)
JAN" FEB MAR APR MAYI
(J) Irri aUon feel 0.001 0.001 0,00 0.181 0.421
JUN
0.511
(3):: (A) x (H) x days in monthf3258DO
(4) '" (f}/12 months
(5) = (1) x (D)
(6) = (2) x (G)
(7) = (3)
(8) = (4)
(9) = (5) + (6) + (7) >(8)
(10) = {(S) )( 10%} +(9)
JUll AUGI SEP OCT NOV
0.461 0.341 0.291 0.131 0.001
R Commercial Park -Lot 9
SUMMARY OF INPUT DATA USED IN CALCULATING DEMANDS
(A)I~n-house
(B~I~n-house use
(el Employees
(D) In-house depletion
Outside uses
{El Irrigated area
(F) Irrigated Area
(G) Irrigation Efficiency
(H) Vehicle/washing
(Il Fire Fighting tank Refill
1 lois
30 gaVday/empioyee
6 per lot
15% (150S Treatment)
8000 sq.ft.lunit
0.184 acres = (A) x (D)143560
80%
200 gavday/unit (assumed 100"10 depletive)
1aOOOO gal!year
Unit Consumptive Use Demands (Irrigation and Water Feature Uses, if any)
JAN FEBI MARl APR! MAY
(J) Irrioation leel 0.001 0.00 0.001 0.181 0.42
JUNI
0.511
(l) = (A) x {B»)( C) x days in month /325800
(2) = (F) x (J) I (G)
(3) = (A) x (H) x days in m.:mt:;/325800
(4) = (1)/12 months
(5) = (1) x (D)
(6) = (2) x (G)
(7) = (3)
(8) = (4)
(9) = (5) + (6) + (7) + (8)
(10) = {(9) x 1D%} +(9)
JUl AUGI SEP
0.461 0.341 0.291
OCTj NOVI
0.131 0.001
DEC ANNUAL
0.001 2.33
DEC ANNUAL
0.001 2.33
7f5f2004 Colorad::. River Engineering M.\CREj:)~files\500-3jgR\OEMANDs.XlW
Big R Commercial Park
Proposed Well Locations
WDWCD contract water to be used at any of the following locations.
Wells can be permitted for individual lots or for shared wells for multiple Big R Well Lots
so long as total water pumped does not exceed contract amounts.
All wells proposed to be located in Section 11, T6S, R93W of the 6th PM
Big RWel1 Section 11 Distance Section Distance Section
Number Qtr/Qtr Feet Line Feet Line
Big R Lot 1 Well SWINE 2530 N 1558 E
Big R Lot 2 Well SWINE 2248 N 1514 E
Big R Lot 3 Well SWINE 2103 N 1510 E
Big R Lot 4 Well SWINE 2062 N 1510 E
Big R Lot 5 Well SWINE 1805 N 1588 E
Big R Lot 6 Well SWINE 1710 N 1580 E
Big R Lot 7 Well SWINE 1513 N 1511 E
Big R Lot 8 Well SWINE 1464 N 1511 E
Big R Lot 9 Weli SWINE 2062 N 1421 E
Big R Lot 10 Well NW/SE 2571 S 1353 E
10/21/2004 Colorado River Engineering, Inc Proposed Well locations.xls
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PO Box 1301 """-. COLORADO
Rifle, CO 81650 ~'-' RIVER
TeI970-625-4933 ~-ENGINEERING
Fax 970-625-4564 -~
Civil Engineering
I Waler Rights, Augmentation Plans • Grouncfwaler, Well PeImilting
'Hydrology, Flood Plain Analysis t Canals, Pipelines, Dams
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Well Location Map
File Name; GcnLocMap.dwg Job No: 600 Client r.O"rn:::wn"C""bLy"',':C"M7T-':A"p"",C;d"b'"y", C'-M-;f.D,".7,,'-, -':0"",-:,-:-,"8,-;2"'0"04,-(
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FIGURE N0.1.
BigR
Form No.
GWS-25
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman Sl, Denver. Colorado 80203
(303) 866-3581
WELL PERMIT NUMBER __ --"6"'37cc7-".6 ___ --.cF __
APPLICANT
BIG R ENTERPRISES LLC
C/O ROBERT REGULSKI
PO BOX9
RIFLE, CO 81650-
Lot:
DIV.5 WD39 DES. BAS[N MD
3 Block: Rling: Subdlv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
2103 Ft. from North
1510 Ft. from East
Section Line
Section Line
L1C
(970) 625-2410 UTM COORDINATES (Meters,Zone:13,NADB3)
PERMIT TO CONSTRUCT A WE.LL Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shan be used in sUdl a way as 10 causa no matenal injUry to existing water rights. The issuance of this permit does not ensure thai
no Injurywlll occur to another vested water right or preclude another owner of a vested waler right from seeking relief in a civil court acUon.
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 Slale Board of Examiners of Water Well Construction and Pump InstaUalion COntractors in accordance wHh Rule 18.
3) Approved pursuant to CRS 37~90-137(2) for the construction of a well, appropriating ground water tributary fa the Colorado River, on the
condition thai the well shall be operated only when the Wesl Divide Water Conservancy District's subslitute water supply plan, approved by
the State Engineer, is in effect, and when a water allotment contracl between the well owner and the West Divide Water Conservancy District
for the release of replacement water from Rued.!" Reservoir is In effect, or under an approved plan for augmentation. WDWeD contract
#040516BRCP(a). •
4) Approved as a well on a tract of land of2.0 acres described as that portion of the SW 1/4 of the NE 1/4. Sac. 11. Twp. 6 South. Rng. 93
West, 6th P.M., further Identified as 101 no. 3, Big R Comrnerdal Park, Garfield County. more particularly described on the attached exhibit A.
Physical well address: 28485 Highway 6 & 24; Rifle, eo 81650.
5) The use of ground walerfrom this well is limited to commercial purposes inside one (1) !Jnit (0.2 acre~foot); fhe irrigation of not more than
6,000 square feet (O.1B4 acre) of lawns and gardens (0,54 acre~foot); and (lutside vehicle washing (0.22 acre~foot). AU 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 Big R Lot 3 Well.
S} The pumping rate of this well shall nol exceed 25 GPM.
7) The annual amount of ground water 10 be appropriated shall not exceed 0.96 acre-feet (312.816 gaJlof}s).
8) The return flow from the use of this well must be through an individual waste water disposal system of the rion-evaporafive Iype where the
water is returned to the same slream system in which the well is located.
9) The ovvner s~all 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 10 preserve thes\3 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 submit1ed to the Division Engineer upon request.
11 ) This well shall be located nbt more than 200 feet from the location spedfied on this permit and at feast 600 feet from any existing well.
completed in the same aquifer, that is not owned by the applicant, except pennil no. B1899-F. decreed as Regulski Well no. 2, Division 5
Water Court, case nos. 94CWOO3 and OOCW104, 600 foot spaang statement was submitted.
NOTE: Parcelldentiftcation Number (PIN): 23-2177-111-00-47;
NOTE: Assessor Tax Schedtlte Number: R005064 (totaling 26047 acres)
Permit Expiration Date Extended to January 5, 2008
AOT 1-22-07
APPROVED
DMW
T
Form No.
GWS-25
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg .• 1313 Sherman St., Denver, Colorado 80203
(303) 666·3561
WELL PERMIT NUMBER __ -'6""3"-7'-'77'--__ -·.!.F __
LlC
APPLICANT DIV. 5 WD 39 DES. BASINMD
BIG R ENTERPRISES LLC
C/O ROBERT REGULSKI
PO BOX 9
RIFLE, CO 81650-
Lot 4 Block: Filing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUN1Y
SW 1/4 NE 1/4 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
2062 Ft. from North Section Line
1510 Ft. from East Section Line
(970) 625-2410 UTM COORDINATES (Meters,Zone:13,NAD83)
PERMrr TO CONSTRUCT A WELL Easting: Northing:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER 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 waler right or preclude another owner of a vested waler right from seeking relief In a civil court aelion.
The construction of this well shan be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a valiance has
been granted by the State Bo~rd of Examiners or Water Well Construction and Pump Installation Contractors In accordance with Rule 18.
Approved pur.;uant to CRS 37-90-137(2) for the construction of a well. appropriating ground water tributary to the Colorado River, on the
condition ihallhe well shall be operated only when lhe West Divide Waler Conservancy District's substitute waler supply plan, approved by
the State Engineer, is In effect, and when a water allotment contract befween the well owner and the West Divide Water ConseNanGY District
for the release of replacement water from Ruedl Reservoir is in effect, or under an approved plan for augmentation. WOWeD contract
#Q40518BRCP{a).
Approved as a well on a tract of land of 2.0 acres described as-that portion of the SW 1/4 of the NE 1/4, Sec. 11, Twp. 6 South, Rng. 93
West, 6th P.M., further identified as lot no. 4, Big R Commercial Park, Garfield County, more particularly described on the attached exhibit A.
Physical well address: 28485 Highway 6 & 24, Rifle, CO 81650.
The use of ground water from this well is limited to commercial purposes Inside one (1) unit (0.2 acre-foot); the irrigation of not more than
8,000 square feet (0.184 acre) of lawns and gardens (O.54 acre-foot); and outside vehlde washing (0.22 acre·foot). All use of this well wlll be
curtailed unless (he water allotment contract or a plan for augmentation is in effect Thts well is known as Big R Lot 4 Well.
The pumping rate of this well shan n9t exceed 25 GPM.
The annual amount of ground water to be appropriated shall not exceed 0.96 acre-feel (312,816 gal/ons).
The retum flow from the use of this well must be through an individual waste wa!~r disposal system of the non-evaporaUve type where the
water Is returnee; 10 the same stream system in which the well is located.
The owner shall mark the welf 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.
A totalizing flow meter must be installed on this well and maintained In good working order. Permanent records of al/ diversIons must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. ' ,
This well shall be located not more (han 200 feet from the location specified on this permit and at least 600 feel from ~ny existing well,
completed in the same aqUifer, that Is not owned by the applican~ except permit no. 61899-F, decreed as Re~ulskj Well no, 2, Division 5
Water Court, case nos. 94CWOOJ and ODCW1D4, 600 foot spac:ing statement was SUbmitted.
NOTE: Parcel Identification NUmber (PIN): 23-21n-111"{)0-475
NOTE: Assessor Tax Schedule Number; R005064 (totaling 28.47 acres)
Permit Expiration Date Extended to January 5, 2008
AOT 1-22-07
APPROVED
DMW ;£I\,>~
Form No.
GWS-25
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg.,"1313 Sherman St., Denver, Colorado 80203
~_1' L~
~------------------------~----~~~
WELL PERMIT NUMBER __ -'S""3"-77""B'--__ -.!:,F __
APPLICANT DIV. 5 WD 39 DES. BASIN MD
Lot 5 Block: Rllng: Suboiv: BIG R COMMERCIAL PARK
BIG R ENTERPRISES LLC
CIO ROBERT REGULSKI
POBOX9
RIFLE, CO 81650-
(970) 625-2410
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
1 BOS Ft. from North
158B Ft. from East
Section Line
Section Line
UTM COORDINATES (Meters,Zone:13,NAD83)
Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shaU be used in such a way as to cause no material injury 10 existing water rights. The issuan~ of this peffilit does nol ensure that
no Injury will occur to another vestee:! water right or preclude another owner of a vested water right from s~eking relief in a civil court action.
2) The construction of this weI! shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has
been granted by !he Stale ~oard of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 1B.
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 Waler Conservancy District's substitute water supply plan, approved by
the State Engineer, is in effect. and when a waler allotment contract between the well ovmer and the West Divide Water ConseNancy District
for the release of replacement water from' Ruedl Rese1Voir Is in effect, or under an approved plan for augmentation. WOWeD coniiact
#040518BRCP(a),
4) Approved as a well on a tract of land of2.0 acres described as thai portion of the SW 1/4 oflhe NE 1/4, Sec. 11, Twp. 6 South, Rng. 93
West., 6th P.M., further Idel1tifiad as lot no. 5, Big R Commercial Park, Garfield County, more particularly described on the attached exhibit A.
Physical well address: 28485 Highway 6 & 24, Rifle. CO 81650.
5) The use of ground walerfrom lhls well is limited to commercial purposes Inside one (1) unit (0.2 acre-foot): the inigalion of nol more than
B,OOO square feet (0.184 acre) of fawns and gardens (0.54 acre-foot): and outside vehicfe washing (0.22 acre~foot). 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 Big R Lol 5 Well.
6) The pumping rate of this w!ilil shall nol exceed 25 GPM.
7) The annual amouot of ground waler 10 be appropriated shan not exceed 0.96 acre~feet (312!B16 gallons).
8) The refum flow·from the use of this wen must be through an individual waste water disposal system of the non-evaporati'!l6 type where the
water is retumed to the same stream system In which the well is located.
9) The owner shall mark the well In a conspicuous place with well perm1t number(s), name of the aql!ifer, 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 aU diver.;ions must be
maintained by the well owner {recorded at least annually} and submitted to the Division Engineer upon request
11) This well sha.ll be located nqt more than 200 feet from the location spedned on thIs permit and at Jea~1600 feet from any existing well,
completed in the same aquifer, thai is not owned by the applicant, except permit no. 61899-F, decreed as Regulski Well no. 2, Division 5
Water Court, case nos. 94CW003 and OOCW104. 600 fool spacing statement was submitted.
NOTE: Parcelldenlificalion Number (PIN): 23-Z1n-111-00-475
NOTE; Asses$or TaX" Schedule Number: ROOS064 (lqtaUng 28.47 acres)
Permit Expiration Date Extended to January 5,2008
AOT 1-22-07
APPROVED
DMW
(
OFFICE OF THE STATE ENGINEER Form No.
o' GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303) 866-3581
APPLICANT
SIG R ENTERPRISES LLC
C/O ROSERT REGULSKI
PO SOX 9
RIFLE, CO 81650-
WElLPERMITNUMSER ____ ~6~3~7~79~ ____ -~F~~
DIV.5 WD39 DES. SASIN MD
Lot 6 Block: Filing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WElL LOCATION
GARFIELD COUNTY
SW 114 N E 1/4 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
1710 Ft. from North Section Line
1580 Ft. from East Section Line
LlC
(970)625-2410 UTM COORDINATES (Meters.Zone:13.NADB3)
PERMIT TO CONSTRUCT A WELL Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This we!! 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 tills well shall be in compliance with the Water Well ConstrucHon Rules 2 CCR 402-2. unless approval of a variance has
been granted by the State Board of Ex?miners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuanl to CRS 37-90-137(2) for the construction of a well. appropriating ground water tributary to the Colorado River. on the
condrtion ~hat the well sh<aU be operated only when lhe West Divide Water Conservancy District's substitute water supply plan. approved by
tlle Stale Engineer. is io effec~ and when a water allotment contract between the well owner and the West Divide Water Conservancy District
for the release or replacement waler from Ruedi ReselVoir is in effect, or under an approved plan for augmentation. WOWCD contract
#()40518BRCP(a).
4} Approved as a weli 01\ a tract of larid of 2.01 ac(es described as that portion of the SW 1/4 of the NE 1/4, Sec. 11, Twp. 6 South, Rng. 93-
Wes~ 6th P.M .• further idenUfied as lot no. 6, Big R Commercial Park. Garfield County, more particularly describeq on the attached exhibIt A.
PhYSical well address: 28485 Highway 6 & 24, Rifle, CO 81650.
5) The use of giOund water from this weU Is limited to commercial purposes inside one (1) unit (0.2 acre-foot): the irrigation of not more than
8,000 square feet (O.1B4 3c;te) of lawns and gardens (0.54 acre-foot); and outside vehicle washing (0.22 acre-foot). All use of this well will be
curtailed unless the water allotment contract Dr a plan for augmentation is in' effect. This weH is known as Big R lot 6 Well.
6) The pumping rate of thIs well shall not exceed 25 GPM.
7) The annual amount of ground water to be appropriated shall not ex.ceed 0.96 acre-feet (312,816 gaUor\S) ..
5} The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporaliye type where the
water is returned to the same stream system in which the well Is located.
9) The owner shalf mark the wen 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 pr~cautions fo preserve these markings.
10) A totalizing Row meter must be installed on this weI! and maintained in good working order. Pennanent records of all diversIons mus.t be
maintained by the well owner (recorded al Jeast annually) and submitt~ to the Division Engineer upon requesl
11) This wen shall be located not more than 200 feet from the location specified on this permU and a1 !easl 600 feet from any exist'lng weU,
completed in the same aquifer, that is not owned by the applicant.
NOTE: Parcel Identilicalion Number (PIN): 23-2177·111-00:475
NOTE: Assessor Ta:t; Schedule Number. RD05064 (lobling 28.47 acres)
Permit Expiration Date Extended to January 5, 2008
AOT 1-22-07
APPROVED
DMW
(
. 1
Form No.
GWS-25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Shennan St., Denver, Colorado 80203
(303) 866.3581
WELL PERMli NUMBER __ -"6",37,,,8,,-0 ___ --..!.F __
DIV.5 WD39 DES. BAS)N MD
Lot 7 Block: Filing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WELL.LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 11
BIG R ENTERPRISES LLC Township 6 S Range 93 W Sixth P.M.
C/O ROBERT REGULSKI DISTANCES FROM SECTION LINES
PO BOX 9 1513 Ft. from North Section Line
RIFLE, CO 81650-1511 Ft. from East Section Line
LlC
(970) 625-2410 UTM COORDINATES (Meters.Zone:13.NAD83)
PERMfT TO CONSTRUCT A WELL Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) Th'ls weU shaR be used in such a way as to cause no mat~rla' injury to existing water rights. The Issuance of this permit does not en~ure that
no injury will occur to anqther vested water right or precJude another owner of a vested waler right from seeking relief in a cfvIl court ar;tjon.
2) The construcllon of this well shall be in compliance with the Water WelJ ConstrucUon Rules 2 CCR 402~2, unless approval of a variance has
been granted by the State BOard of Examiners afWater WeH ConstrucUon and Pump Ins lallation 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 wet! 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 wa1er from Ruedi ReselVoir Is In effect, 01' under an approved plan for augmentation. WDWCD contract
#04051BBRCP(a).
4} The j~suance of this permit hereby cancels penni! no. 60607. Per review of this permIt application II was noted that lhe old well; permit no,
60607 does not exisL Proof must be submitted showing that no health or safety hazards exlsl and that Ihe old well has been plugged in
accordance with Rule 16 of the Waler Well Construction Rules within sixty (60) days of completion of ths new well. The enclosed Well
Abandonmenl Report form must be compleied and submitted 10 affirm thallhe old wen was ptugged ..
5) Approved as a well on a tract of land of 2.D3 acres described as thai portion of the SW 1f4 of the NE 1(4, Sec. 11, Tvvp. 6 South, Rng. 93
West. 6U\ P.M., further identified as lot no. 7, Big R Commercia! Park, Garfield County, more particularly described on the attached exhibit A.
Physic:alweJl address: 28485 Highway 6 & 24, RlfIe, CO 81650.
6) The use of ground water from this well is fjmi~d to commercial purposes inside one (1) unit (O.2 acre~foot); the irrigation of not more than
8,000 square feet (0.184 acre) of lawns and,gardens (0.54 acre-foot); and outside vehicle washing ((J.22 acr!3-foot). All use 01 this well wi!! be
curtailed urt1ess the water allotment contract or a plan for augmentation is in effect, This well is kno'i'm as Big R Lot 7 Well.
T) The pumping rate of this well shall riot exceed 25 GPM.
8) The annuaf amount of ground water to be appropriated shafl not exceed 0.96 acre~feet (312,816 gallons).
9) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type Where the
wafer Is refurned to the same stream system in whIch the well is located.
10) The owner shall mark the well in a conspicuous place with wen pemit number{s), name of the aquifer, and court case number(s) as
appropriate. The owner shall taka necessary means and precautions to preserve these markings.
11) A totalizing flow meier must be installed on this welf and mainlained in good working order. Pennanen( records of an diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
12) This well shari be located not more than 200 feet from the location specified on thIs permit and at leasl600 feet from any existing well,
completed In the same aquifer, that is not owned by the applicant.
NOTE: Parcelldenlilication NUmb" (PIN): 23-2177-111-00-175
NOTE: Assessor Tax Schedule Number: R005064 (totaling 28.47 acres)
Pennit Expiration Date Extended to January 5, 2008
AOT 1-22-07
APPROVED
DMW ..
,-Form No.
GWS-25
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial B!dg., 1313 Shennan Sl, Denver. Colorado 80203
(303) 865-3581
APPLICANT
BIG R ENTERPRISES LLC
C/O ROBERT REGULSKI
PO BOX 9
RIFLE, CO 81650-
Lot
WELL PERMIT NUMBER __ -"B3"'-7,."S"-1 ___ -EF __
DIV. 5 WD 39 DES. BASIN MD
8 Block: Filing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
1464 FI. from North Section line
1511 FI. from East Section Line
LIC
(970) 625-241.0 UTM COORDINATES (Meters,Zone:13.NADB3)
PERMIT TO CONSTRUCT A 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 maleria/lnjury.to existing water rights. The issuance of this permU does not ensure that
. no Injury will occur to another vested water right o( preclude another owner of a vested water right from seeking relief In a civil court aclion.
2) Th~ construction of this wall shall be In compliance with the Water Well ConstrucUon 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 Inslallation Contractors In accordance with Ru!e 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 hy
the State Engineer, is In effect, and when a water allotment contrac::t between the"well owner and the West Divide Wat~r Conservancy District
for the relea~e of replacement water from Ruedi ReservoIr is in ~ffect, or under an approved plan for augmentation. WOweD contract
#0405188RCP(.).
4) Approved as a well on a tract of land of 2.B7 acres described as ihat portion of the SW 1/4 of the NE 1/4, Se~. 11, Twp. 6 South, Rng_ 93
West, 6th P_M., furthlir identified as lot no. 8, Big R Commercial Park, Garfi~ld County, more particulany described on the attached exhijlfl A.
Physical well address: 28485 Highway 6 & 24, Rifle, CO 81650.
5) The use of ground v,!ater from this well is limited to commerdal purposes inside one (1) unit {0.2 acre-foot}; the irrigation of not more than
a,ooo square feet (0.184 acre) of lawns and gardens (0.54 acre-foot); and outside vehicle washing (0.22 acre-foot). All use of this well wlll be
curtailed unless the water allotment oontc:aci or a plan for augmentation Is in effect. This well is known as Big R Lot a Well.
6) The pumping rate of this welf shall not exceed 25 GPM.
7) The annual amount of ground water to be appropriated shall not exceed 0.96 acre-feet (312,816 gallons).
8) The return flow from the use qf {hi!? wal! must be U1rough an indIvidual waste water dIsposal system of the non-evaporat!ve type w~ere the
water is retumed to the same stream system in which the well Is localed.
9) The owner shall mark the well in a conspicuous plac::e with well permit number{s), name of the aquifer, and coun case number(s) as
appropriate. The owner shaU take nece~sary means and precautions to preserve Ihese markings.
10) A totalizing flO'N meter must be instaUed on this well and maintained in good working order. Permanent records of aU diversions must be
maintained by the well owner (recorded at least annually) and submItted to Ihe DIvision Engineer upon request.
11) This well shall be located not more than 200 feel from the location specified on this permit and at least 600 feel from any existing weU,
completed in the same aquifer, that is not owned by the appITcant. r~
NOTE: Parcelldentfficalion Number(PIN): 23-2177-111-00-475 h.---
NOTE: Assessor Tax Schedule Number: ROOS064 (totaling 28.47 acres) C / /0 S~ ?'C1&
Permit Expiration Date Extended to January 5 200S
AOT 1-22-07 '
APPROVED
DMW
[ Form No. OFFICE OF THE STATE ENGINEER
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(3031866-3581
WELL PERMIT NUMBER ___ 6"'3'-'-7-"B2"--__ --!..F __
APPLICANT
BIG R ENTERPRISES LLC
CIO ROBERT REGULSKI
PO BOX 9
RIFLE, CO 81650-
DIV.5 WD3B DES. BASIN . MD
lol: 9 Black: Filing: Subdiv·. 8\G R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
2062 Ft. from North Section Line
1421 Ft. from East Section Line
lie
(970) 625.2410 UTM COORDINATES (Meters,Zone:13,NADB3)
PERMIT TO CONSTRUCT A WELL Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This wen shall be used In sUdl a way as to caUse no m~1eriallnjury to Bxisting water rights. The Issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude ano1her owner of a vested water righl from seeking relief in a civU court action.
2) !he construction of this well shall be In compliance with the Water We)] Construc~on Rules 2 CCR 402-2. unless approval of a variance has
been granted by the State Board of ~aminers of Water Well Construction and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to eRS 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 Wesl Divide Water Conservancy District's subs~tute waler supply plan. appro,!ed by
the State Engineer, is In effec~ and when a water allotment contract between the well owner and the West pivlde Water Conservancy District
for the released replacement water from Ruedi Reservoir is in effect, or und~r an approved plan for augmentation. WOWeD contract
#04D518SRCP(al·
4} Approved as a well on a tracl of land of 2.45 acres described as that porlion of the SW 1/4 of the NE 1/4, Sec. 11, Twp. 6 SDUth, Rng. 93
West. 6th P.M., further identified as lot no. 9, Big R Commercial Park, Garfield COllnty, more particularly described on the attached exhibil A.
Physical well address: 28485 Highway 6 & 24, rufle, CO 81650.
5) The use of ground water from this well is Umiled to commercial purposes Inside one (1) unit (020 acre-foot); the irrigation ofnol more than
8,000 square feel (0.184 acre) of lawns and gardens (0.53 acre-foot); outside vehicle washing (O.22 acre-foot); and fire p'rotectionistorage
(D.S5 acre-fool). All use of t/lis well will be curtailed unless the water allotment contract or a plan for augmentation is in effecl thIs well is
known as Bt9 R Lot 9 Well.
6) The pumping rate of Ihj~ weH shall not exceed 25 GPM.
7) The allnual amount of ground water to be appropriated shall not exceed 1.51 acre-feel (492,034 gaUons).
8) The return flow from the use of this well musl be through an individual wasle water dispos'al system of the non-evaporative type where the
waler is returned 10 the same stream system In which the well Is localed.
9) The o\'lr'ner shan martc: the well in a conspIcuous place with well permit number(sJ. name of the aquifer, and CQurt case number(s) as
appropriate. The owner shall take necessary meanS and precautions 10 preserve these markings.
10) A totalizing flow meier must be installed on this well and maintained in good working order. permanent records of all diver.>ions must be
maintained by the well Owner (recorded at least annually) and SUbmitted 10 the Division Engineer upon reque?ot.
11) This well shaR be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well,
completed In the same aquifer, thal is no! owned by the applicant, except permit no. 61899-F, decreed as Regulskl Well no. 2. Division 5
Water Court. c:cise nos. 94CW003 and OOCW104, 600 foot spacing statemenl was submitted.
NOTE: Parcel Identification Number (PIN); 23-2177-111-00-475 .
NOTE: Assessor TaX' Schedule Number: R005064 (totaling 28.47 acres)
Permit Expiration Date Extended to January 5, 2008
AOT 1-22-07
APPROVED
DMW
.,
I
( Fonn No.
( GWS-25
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman Sl. Denver, CoIo:ado 80203
(303) 866-3581
WELL PERMIT NUMBER __ --'S""3"'78"'3'--__ -..:..F __
EXST
APPLICANT DIV.5 WD39 DES. BASIN MD
BIG R ENTERPRISES LLC
C/O ROBERT REGULSKI
PO BOX 9
RIFLE, CO 8165()"
Lot 10 Block: firing: Subdiv: BIG R COMMERCIAL PARK
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SE 1/4 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
2571 Ft. from South
1353 Ft. from East
Section Line
Section Lin e
(970) 625-2410 UTM COORDINATES (Meters,Zone:13,NAD83)
PERMIT TO USE AN EXISTING WELL Easting: Northing:
1)
2)
3)
4)
s)
6)
7)
B)
9)
10)
11)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as 10 cause no material injury to exis~ng wafer rights. The issuance of !his permi! does not ensure Ihal
no injury will occur to another vested waler righl or preclude another owner of a vested water right trom seeking relief in a civil court action.
Construction details for this existing well have not been provided to this office; therefore, it is not known ff the construcUon of this well is in
compnance with the Water Well Conslrucfion Rules, 2 CCR "402-2. The issuance of this permit does not relieve the well owner of
responsibility or liability in the event contamination of the groundwater source results from !he construction or use of this well. nO( does the
StatB EngIneer assume any responsibility or liability should contamination occur.
Approved pursuant to eRS 37-90-137(2} for the construction of a well, appropriating ground water tributary to the Colorado River, on ihe
condition that.the wall shall be operated only when the West Divide Water ConseNancy District's 5ubsfitu!e water supply plan, approved by
the State EngIneer. is in effect, and when a water allotment contract be!:ween the weJl owner and the West Divide Water Conservancy District
for the release of replacement waler From Ruedi Reservo'iris in effect. or under an approved plan for augmentation. WOWeD conhacl
#Q4D518~RCP(a).
Approved for the installation of a pump in, and the use Of. an existing well, Constructed on an unknown date, to an unknown depth, under
permit no. 170888 (expired). Issuance of this penn!t hereby expires permit no. 170863.
Approved as a well on a tract of land of 2.33 acres described as that portion of the NW 1/4 of the SE 114, Sec. 11. Twp. 6 South. Rng.93
West. 6th P.M., further Identified as lot no. 10. Big R Commercial Pan;. Garfield CQunty, more particularly described on the attached exhibit
A. Physical well address: 28485 Highway 6 & 24, Rifle, CO B1650.
The use of ground waler from this well is limited to commercial purposes inside one (1) unit (0.2 acre-foot); thalrrigation of not more than
8,000 square feet (0.184 acre) of lawns and garoens (0.54 acre-foot); and outside vehicle washing (0.22 acre-foot). All use of this weU will be
curtailed unless the water allotment contract Dr a plan for augmentatIon Is in effect. This weH is known as Big R Lot 10 Well.
The pumping rate of th'IS well shall nol exceed 25 GPM.
The annual amount of ground water to oe appropriafed shall not exceed 0.96 acre-feet (312,816 gal/ons).
The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative Iype where the
water is returned to the same stream system in which lhe well is located.
The CfWner shall mark the well in a conspicuQus place with well permi! 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.
A tolalizing flow meIer must be installed on this well and maintained in good working order. Permanent records of all diversions must be
maintained by the weI! owner (recorded at least annually) and submitted to the Division Engineer upon request
12) This well shall be located not more than 200 feet from the location specified on this penni! and at least 600 feet (rom any existing weU.
completed in the same aquifer, that is not owned by the applicant, except pennlt no. 61899·F, decreed as Regulskl Well no. 2. DivisIon 5
Water Cour1, case nos. 94CW003 and OOCW104, 600 foot spacing statement was submitled.
NOTE: Parcel Identification Number (PIN): 23-2177-111·00·475
NOTE; Assessor Tax Schedule Number. R005064 (lotaling 28.47 acres)
Permit Expiration Date Extended to January 5, 2008
( AOT 1 -22-07
APPROVED (7 -
DMW Ll .~.:,-~
Stale Engineer n ___ :_, "'_ nr.''1''..,''..... ....A ...................... ,_~
1111 ~'I"·!. r,'j\'I~I,l'-IIi Il~U~U~~IIr~:I,~:JlV: Ifr~' ~11i 11111
ReceptlonU: 736861
11/07/2007 09:53:53 AM Jean Alberico
1 of 1 Rec Fee:$6.00 Doc Fee:O.OQ GARFIELD COUNTY CO
ASSIGNMENT AND ACCEPTANCE
For value received Big R Enterprises, LLC, ("Assignor") hereby assigns all its right, title and
interest in and to City of Rifle Watershed Permit No. 1-05 recorded in the Office of the Garfield
County Clerk and Recorder on September 7, 2007 as Reception No. 732603 (the "Permit") unto Big
R Lot Owners Association, Inc., Assignee, and Assignee accepts from Assignor all right, title and
interest in and to the Permit. This Assignment shall be binding on and insure to the benefit of the
parties; successors and assigns. Each person signing hereunder warrants that he has the capacity and
the authority to sign this Assignment on behalf of the respective entity which is being represented.
ASSIGNOR:
Big R Enterprises, LLC
By: .~~~~~~~~~-
Robert M. Reguls "
By:~lV~
Peter Van Domelen, Manager
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
ASSIGNEE:
Big R Lot Owners Association, Inc.
/ By~/~~~~~~~~~
Robert M. Regu s .
The foregoing instrument was acknowledged before me this / 0 (], day of 0 C+O ~,
2007, by Peter Van Domelen as Manager of Big R Enterprises, LLC and Robert M. Regulski as
Manager of Big R Enterprises, LLC and as President of Big R Lot Owners Association, Inc.
Witness m? ~and an~ official ell.
My commISSIOn eXpIres: _-'--'(_ --....... '--'--"'''------77L
08-28-2006 16:51 9,06254135 PAGE2
1.l1.'.1'-"OJUi 'I'Ll I:: U'TY COUNCIL OF TIIF CITY OF IHFLf, COLORADO
----.-_._._--
CONCERNING THE APPLICATION FOR A WATERSHED DlSTRlCT PERMIT OF BIG R
ENTERl'RlSES, LLC TO CONSTRUCT A TEN LOT COMMEH.ClALSUBDTVISION TN THE
COLORADO RIVER WATERSHED
FINDINGS OF FACT, CONCLUSIONS OF LAW AND APPROVAL OF WATERSI·tED
DISTRICT PERMIT NO. 1-05
I. BACKGROUND
1. In Decemher, 2004, Big R Enterprises, LLC (the "Applicant") applied 10 the City
of Rif1D (the "City") [01' a watershed distlict pemnl to construct and utilize a tell (10) lot
commercial subdivision on J2 acres acccssed by Highway 6 & 24 (the "Project"). The lots will
likely be developed for cOllunercial and light industrial uses; however, their end usc were unknown
at the time of applicatioll. The legal descriptioll of lhe properly on which the Project will be
constructed is describcd on Exhibit A attached hercto and incorporated herein by this refercncc.
TIle Project is locatcd within five (5) miles of the City's Colorado River water intake structure
within the City's Watershed District jurisdiction and the application was submitted pursuant to
City of Rifle Ordinance No. 22, Series or 1994, codified in Chapter 5 of Title 10 of the Rifle
Municipal Code ("RMC").
2. For the purposes ofthis pemnl (the "Pennit"), the application shall consist of the
watershed permit applicatioll, a report from Colorado Rivcr Engi.neering, Inc. dated Deecmber 10,
2004, a Sedimcnt and Erosion Drainage Plan dated Octoher 12,2004, and a Preliminary Plan Plat
Map daled June 21,2004, all correspondence and materials submittedlo the City by the Applicant
or its agents, as well as all representations, whether oral or written, made as part ofthe application
and Pllblic hearing process. These items shall be collectively referred to herein as the
"Application. "
3. Following the receipt and review ofthe Application and a site visit in October 2004,
Michael Erion, P.E. of Resource Engineering, Inc., Consulting Professional Engineer lor the City,
submitted his findings to the City regarding the Project in a. letter datcd February 15, 2005,
atlached hereto as Exhibit B and incorporated hcrein by this refercnce (the "Erion Letter"). The
EriOll Lettcr concluded that, so long as the Project is constructed ill compliance with tIle
Application and Garlielll COllnty approvals, the proposed activity to be pedbrrned does not prescnt
01' cre,lte a clear or t'bresocable risk of significant injury to the City's waterworks or pollution to
the City waler supply and is therofore classified as a Minor Impact llnder the RMC.
4. Any alld all other permits isslled or to be issued by county, state and/or federal
ag,encies in relation to the construction of tho Project a.re incorporated herein by this reference.
t:12005\Clk-lIlS\RitleIR-1{ 104 )11 i~ It \9)1' \l )fl¢UlI)!IIL~\ W .'i1'cnnitO 1-05, W)lJ -1-
08-28-2005 16:51 9706254136
City ofRitle, Colorado
Warershed Di,trict Permit No. 1-05
l3ig It Enterprises, LLC
PAGE3
II. FINDINGS OF FACT
5. The proposed activity is within thc deficled boundaries of the City's Watershed
District a~ defined in RMC § 1 0.05.020, specificcilly within five (5) miles of the City's Colorado
River municipal water divcrsion and intake struetllre. The proposed activities include the
construction of a ten (I 0) lot subdivis ion and associated improvements.
G. The Application filed by the Applicant is complete,
7, The Applicant has paid the application fcc required lmclerRMC § 10·.05.050(A)(7).
8. A dltly noticed Public Heming wa.~ held before the Rifle City Coullcil (tIle
"Council") on March 16,2005. At the hearing, te~tinlony was presented by JimNeu, the Assistmlt
City Altomey, and Michael Erion regarding the activities proposed by the Applicant and the
applicability of[he City's Watershed District Ordinance. Mr, Neu explained to the CmUlcil that
it~ jurisdiction on this matter extended [ive (5) miles beyond the City's Colorado River intakc
point, and that it's authority was limited {o the protection oflhe City's water quality and supply,
Mr. Erion explained the provisions of the Pennit, aTld rccommended issuauce ofthe Pennit s\lbject
to the terms and conditions set forth in the Erion Lct{cr, which classilietl the proposed activilies
as (1 Minor Impact pursuant to RMC § I O.OS.OSO(B)(3). Mr. Erion testified regarding his site visit,
his knowledge of the Project, u11llthe conditil)lls stated in the Edon Letter. Brian Brown, P,E, of
Colorado River Engincering on hehalf of the Applicant also provided testimony regarding dle
Application and the proposed activitics. Testimony was opened up lor members of the public.
9. The Council cxpressed concerns regarding any change in ownership, lessee or lise
onhe lots after bilild o lit of the Project and wanted to ensure compliance widl this Pernlit and the
Watershed District Ordinance. To resolve this concern, the Council found that an additional
condition must he placed in the Pemlit to require notificalion to the City upon (ho.e event~ and
continued inspections hy the City to enwre uses do not pose u risk to the City's watershed. ·With
those conditions in place, and those stated in thc Erion Lctter, the Council tlnds that the proposed
activities do not prescnt or creatc a clcar or forcsI:>eahle risk of signifil:unt injury to thc City's
waterworks or pollution to the City water sllpply if the Project is constructed as proposed in the
Application aud.o long as the Applicant adheres to all conditioll. in the Garfield County approvals
issued for tIle activity, As stated in the Erion Letter, because the elld use of each lot is unknown
and the size of the lot and potential activity ll1ily be regulated by the City's Watershed DistTict
Ordinance, t.he City needs to review eaeh end us~ of each lot prior lo the issuance of a building
permit by Gm·field County to en:;ure compliance with the City's Watershed District Ordinan~c.ln
addition, as required by Council, each change in owner, lesHee or lL~e must also notify thc City so
it may review each end lL~e to ensurc compliance with the City's Watcrshed District OrdinrulCc,
10, The Council hereby finds and determincs that the issuancc of the Permit requires
the inclusion of conditions as set forth in the Erion Leller and as outlined above, that such
1:'I:.!O(}S\c\icIL15\Riflr.\R -1( ~ 04 )1~iy,I{. 19K 1 \1 ),le um"I1~~\ W SI'"tTtlilU 1· U~ . wI,d -2-
88-28-200~ 16:51 PHGE4
City of Rifle, Colurado
Watershed District Pm11il No. 1-05
Big R Enterprise" LtC
conditions are necessary 10 prevent a risk of iniury to the City's waler works ilnd pollution of the
City's water supply, and thai such conditions arc authorizetl pursuant to Sections 1 O.05.050(D) and
(E) of the RMC.
III. CONCLUSIONS OF LA W AND ISSUANCE OF PERMIT
11. The foregoing Findings of Facts ,tre incorporated herein hy reference.
12. The City has jurisdiction over the proposed activity pursuant to !{Me § I 0.05.020
of t.he and Cit.y of Rifle Ordinance No. 22, Serius of 1994.
13. . Based on the evidence presented at the Public Hearing and the Erion Letter, the
Council herehy determines that this decision shall constitute a Watershed DistTict Permit for tIle
construction and use of the Project as more fully outlined in the Application. The conditions of
"'pprova\ re<;ommended by Mr. Erion in the Erion Letter, as amended by Council at the public
hearing, are hereby approved and adopted by the Council as cO\lditions of approval bfthis Permit,
including, without limitation, the following:
•
•
•
Pri.or to the issuance of a building permit for each lot, the building pennit applicant
shall submit its plans [or development and usc of the lot to the City o[Riflc [or staff
review to ensure compliance with the City ofRitle Watershed District Ordinance
and this Permit. If a separate Watershed District Pemlit is required for the
development ot' usc of the lot, such permit shall be required prior to the issuance of
a building permit. If the development and use o[the lot complies with this Permit
and a separate Water~hed District Pemlit is not required as determined hy staff, the
City shall issue a Leller of Compliance enabling the issuance ofa building permit
for the lot.
Upon any change of.' oWl1ership, lessee or use of any lot in the Project, theowncr,
lessee or llser sh,llI notify the City of its plans for the lISC of the lot with cnough
specificity for the City ofRin" slafl' to review to ensure compliance with the City
of Rifle Watershed District OrdinaJlce and this Pennit. If a separate Watershed
Dislrict Pemlit is required for the new development 01' lise of the lot, sllch permit
shall be required pursuant to this Permit and tho Watershed District Ordinance. If
the new development or usc of the lot complies with this Permit and <1 separate
Watershed District Pemdt is not required as detennined by stan; the City shall issue
a Letter of Compliance evidencing compliance with this PemtiL Upon sueh chango
of ownership, lessee or use, the City shall inspect the lot at the expense of the
Applicant 10 ensure compliance wilh the temlS and conditions ofthis Pemut. and the
Watershed District Ordinance.
TIH: Final rlat for Ihe Project shall contain a plat note stating that the Property is
1:\?OO.'i\CI k:lIl'(\H; nc\l t· 3(3U4)B i sR -1(:18 1 \Document.." WSPernUtO 1-05. wpd -3-
1J8-2:3-20Q6 16:52 9706254135 PRGES
City of Rille, Colorado
Watershed Di,trict Permit No. I·OS
nig R Enterpr'ises, I.I.C
subject to City of Rille Watershed District Permit No. 1·05 recorded with thc
Garfield County Clerk and Recorder as Reception No, . and the
conditions contained therein, indud iug without limitation the requircmentthat each
lot obl11in a Letter of COmpli11llCe from the City prior to the issuance of a building
permit, and upon any change of ownership, lessee or use of any lot, the owner,
lessee or user shall notify the City of Rifh: of its plans lor the use 01' the lot with
enough specificity for the City of Rifle staff to review to ensure compliance with
the City ofkifle Watcrshed District Ordinance and this Permit.
• The Project shall be in~pect(;ld twice each year by the City at the expense of the
Applicant (0 ensum compliance with the tenns and conditions of this Permit.
All uses within the Project shall comply with all applicable federal, state, and
county regulations regarding storage, handling, 1Uld disposal of any hazardous
Sllhstunces; wastewater disposal; and stonnwater management.
In addition, all representations, whether oral or written, made by the Applicant andlor its
agents as part of the application and public hearing process shall he conditions of approval of the
Permit.
14. All conditions of approval contained within any permit i~sued to (he Applicant for
the Project by any county, stale and/or federal agency shall be deemed condilions of appro val of
this Permit. Any violation of the conditions of any other such permit issued shall be deemed a
violation of this Permit subject to all of the remedies provided for herein .
.1.5, A copy of this Permit shall be sent by certified mail, return receipt requested, to the
Applic(Ult.
16, This Permit shall not be effective until approved by the City and agreed (0 by the
Applicant.
Dated this day of ______ , 2005.
CITY OF RIFLE, COLORADO
By . __ .. _ .. _-----------
Mayor
-4-
"37052541::-:<,6
City ofg,1l1c, Colorado
W.tershed District Permit No, 1-05
Big R Enterprises, LtC
ATTEST:
City Clerk
PRGE6
City of Rille Watershtl(l [)istrict Permit No, I-OS accepted and agreed to this ___ (lay
of ________ "", __ ", __ .2005.
BIG R ENTERPRISES, LLC
By: ---... --'" ,,--'-"'-
Bob Regulski, Manager
I: \200 5V::li~"nl:;\l{ i rk\l( ·JO()q)Bi~R· J q Ii: I \1)\ u,:ulUeul4.\ w:; f'cnnitO 1-(lS wpd -5-
33-28-2006 15:52 9706254136 PAGE7
Exhibit A
SurvCo, Inc.
Profess,'onal Land SUfV€'yin3 Services
Legal Description
Big R Commercial Park Subdivision
A tract of land bcin~ ~illlalcd in the East V, of Section II, 'l'owm;hip (, South, Range 93 Wt:$(. of
(he 6'h P.M., County of GarJicld, Stllt.e ofColof'ddo, said trdct of land heing descrihed hy metes
and bounds as follows:
Beginning at the Southwest corner ofthe SE1I4NEII4 o[s"id Section 11, said Southwest comer
being a standard monument and brass cap, l'LS No. 9009 found in place; theIice S.88°58'OS"E.
302.16 [eel along lite Soulh line of~aid SE 1I4NE 114 to a point on the NOItherlyRight of Way
line of Colora de State Highway No.6; thence S.64Q27'00"W. 1340.79 feet along said Northerly
Right o[Way; thence departing said Northerly Right of Way line N.O I °03 '22"E. 599.98 [eet to a
point 00 the South line of the SWJ/4NE1I4 of said SectiOn 11; tllence S.Sg"SS'OS"E. ,10].04 feet
along the South line of said SWl/4Nl:il/4; thence departing said South line N.Ol °09' 17"E.
\318.2\ feet to a point on the NOlth line of said SW1I4NE1/4; thmcL: along said Norlh line
S.~9"() )'49"E. 792.09 feet to the Nootheast comeI' of said SW1I4NTIl/4; thmcc S.OI °05' 19"W.
1319.17 feet along the East linL: of said SW1I4NEl/4 to the I'ointof fleginoing.
Said tmct oriand contains 32.26 acres as described.
6560 County Road No. 335. Unit NO.6
P.O. Box 826
New Castle. Co. 61647-0826
Ph: (970) 964-9119 Email: sUNco@earthlink.net Fax: (970) 964-3993
1111 ~~j,rli~~.v!IHlL~~!I~~U~~~"lllr!~~~I'~II": ~I~ 11111
Receptiontf.: 736858 .
11/071200709:53:53 AM Jean Alberlco 1 of 1 Ree Fee:$6.00 Doc Fee:O.00 GARFIELD COUNTY CO
GRANT DEED
THIS GRANT DEED, made this \ 0 11 day of Cttobpc ,2007, between Big R Enterprises,
LLC ofthe County of Garfield and the State of Colorado, grantor, and Big R Lot Owners Association, Inc., whose legal
address is P.O. Box 9, Rifle, CO 81650 of the County of Garfield and State of Colorado, grantee.
WITNESSETH, that the grantor, for and in consideration ofthe sum ofTen ($10) dollars and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby GRANTS lUltO
the grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which grantor has in and
to the real property, together with improvements, ifany, situate, lying and being in the County of Garfield and State of
Colorado, described as follows:
A nonexclusive 60-foot easement upon, over and across that portion of Lot 8, according to the final plat
ofthe Big R Commercial Park Subdivision, recorded in the Office of the Garfield COlUlty Clerk and Recorder as
Reception No. '73b'855 designated as a Utility, Drainage, and Emergency Ingress/Egress and Fire Tank
Access Easement for the installation, access, use, maintenance, repair service and replacement of an emergency
ingress/egress and fire tank access easement;
A nonexclusive 20-foot easement upon, over and across that portion of Lot 9, according to the final plat
ofthe Big R Commercial Park Subdivision, recorded in the Office of the Garfield County Clerk and Recorder as
Reception No. 73(, 2>55 designated as a Well and Utilities Access Easement for the installation, access, use,
maintenance, repair service and replacement of Big R Well No.9 located on Lot 9 for the proper operation of the Well
and Fire Protection System and delivery to the fire protection tanks
A nonexclusive 50-foot easement upon, over and across that portion of Lot I, according to the final plat
of the Big R Commercial Park Subdivision, recorded in the Office of the Garfield County Clerk and Recorder as
Reception No. 73/-,355 designated as a Fire Storage Easementforthe installation, access, use, maintenance, repair
service and replacement of fITe protection tanks, a water line, and a dry hydrant.
IN WITNESS WHEREOF, the grantor has executed this Grant Deed on the date set forth above.
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
OC !': r '10 Tpe foregoing instrument was acknowledged before me on this I 0 D-day of
-,_,-,",-:KJL0.""-,IJd",::;/l",_,-../,,--,\~ __ ,, 2007, by Robert M. Regulski and Peter Van Domelen both as Managers of Big R
Enterprises, LLC.
;0",'"", (I+';,.(O~
otary Public
1111 Wi.r'UliPil,roIIU~I,~,\oiiU"\ll+M.rrlrlP\U'~ 1IIII
RaeaptlonU: 735856
111071200709:53:53 RM Jean Rlberioo , of 19 Reo Fe.:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
BIG R COMMERCIAL PARK SUBDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS BIG R COMMERCIAL PARK SUBDIVISION ("Subdivision") SUBDIVISION
IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this /21;-day of
J.,.od-nA.<-'.Lj,bJ.<l'-'1{~--' 2007, by and between BIG R ENTERPRISES, LLC ("Owner") 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, Owner is the owner and developer of the Subdivision, which property is
depicted on the Final Plat of Big R Commercial Park Subdivision ("Final Plat" or "Final Plat of the
Subdivision"); and
WHEREAS, on April 2, 2007, the BOCC, by Resolution No. 2007-32, approved a
preliminary plan for the Subdivision which, among other things, would create ten commercial lots
("Preliminary Plan Approval"); and
WHEREAS, as a condition of approval of the Final Plat submitted to the BOCC, as required
by the laws of the, State of Colorado, Owner wishes to enter into this SIA with the BOeC; and
WHEREAS, Owner has agreed to execute and deliver a specific fonn of collateral to the
BOCC to secure and guarantee Owner's perfonnance under this SIA and has agreed to certain
restrictions and conditions regarding the sale of properties and issuance of building pennits and
certificates of occupancy, all as more fully set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the BOeC and Owner ("parties'') agree as follows:
1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat
,,\
1111 WI. r"~~~iI,Mll.roIlf,~ ,l~UI-a !W,fWiI\~ ~,~ 11111
R.eeptlon~: 736856
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2 of 19 Ree F ... :$0.00 000 Fee:0.00 GRRFIELD COUNTY CO
of the Subdivision, on the date set forth above, subject to the tenus and conditions of this SIA, the
Preliminary Plan Approval, and the requirements of the Garfield County zoning and subdivision
regulations and any other governmental or quasi-governmental regulations applicable to the
Subdivision ("Final Plat Approval"). Recording of the Final Plat shall be in accordance with this
SIA and at the time prescribed herein.
2. OWNER'S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS.
a. Completion Date/Substantial Compliance. Owner shall cause to be
constructed and installed other subdivision improvements, identified in the Exhibits defined
in subparagraph 2.a., below ("Subdivision Improvements") at Owner's expense, including
payment of fees required by Garfield County andlor other governmental and quasi-
governmental entities with jurisdiction. The Subdivision Improvements shall be completed
on or before the end of the first full year following execution of this SIA ("Completion
Date"), in substantial compliance with the fOllowing:
i. Plans marked "Approved for Construction" for all Subdivision
Improvements prepared by Colorado River Engineering, Inc. and submitted to the
BOCC on September 12, 2007, such plans being summarized in the list of drawings
attached to and made a part of this SIA by reference as Exhibit "A"; the estimate of
cost of completion, certified by and bearing the stamp of Owner's professional
engineer licensed in the State of Colorado ("Owner's Engineer"), attached to and
made a part of this SIA by reference as Exhibit "B"; and all other documentation
required to be submitted along with the Final Plat under pertinent sections of the
Garfield County subdivision and zoning regulations ("Final Plat Documents").
ii. All requirements of the Preliminary Plan Approval.
2
.111 WI. "~I ~ II, roll 1 ,\loll I.tlllUoI\ Ullllllr'l M.t l1li ,~,~ 1IIII
ReQeptJon": 736856
11/07/2007 09:53:53 AM Jean AlberIoo
3 of 19 Reo Fee:$0.00 000 F •• :0.00 GARfIELO COUNTY CO
iii. All laws, regulations, orders, resolutions aod requirements of Garfield
County and all special districts aod aoy other governmental entity or quasi-
governmental authority(ies) with jurisdiction.
iv. The provisions of this SIA.
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that
if all Subdivision Improvements are constructed aod installed in accordaoce with this
paragraph 2; the record drawings to be submitted upon completion of the Subdivision
Improvements, as detailed in paragraph 3(c), below; aod all other requirements of this SIA,
then the Owner shall be deemed to have satisfied all terms aod conditions of the Preliminary
Plan Approval, the Final Plat Documents and the Garfield County zoning and subdivision
regulations, with respect to the installation of Subdivision Improvements.
3. SECURITY FOR SUBDIVISION IMPROVEMENTS.
Subdivision Improvements Letter Of Credit aod Substitute Collateral. As security
for Owner's obligation to complete the Subdivision Improvements, Owner shall deliver to
the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter
of Credit in the form agreed to be acceptable to the BOCC, attached to aod incorporated in
this SIA by reference as Exhibit "c" ("LOC"). The LOC shall be in the amount of
$409,906.56, representing the full estimated cost of completing the Subdivision
Improvements with a sufficient contingency to cover cost chaoges, unforseen costs aod other
variables (not less thao 10% of the estimated cost and as approved by the BOCC), to
guaraotee completion ofthe remaining Subdivision Improvements. The LOC shall be valid
for a minimum of six (6) months beyond the Completion Date for the Subdivision
Improvements set forth in Paragraph 2.a, above. The BOCC, at its sole option, may permit
3
1111 Wl.I'L4'II~II,~I,~,~ ,I1lUIlI !r'II,IlM,lr\II.~'~ II III
Receptlon#: 736856
111011200709,53:53 AM Jean Alberleo
4 of 19 Reo Fee:S0.00 Doc Fee:0.00 GARFIELD COUNTY CO
the Owner to substitute collateral other than a Letter of Credit, in a fOml acceptable to the
BOCC, for the purpose of securing the completion of the Subdivision Improvements subject
of this Paragraph 3 .•.
a. LOC Requirements and Plat Recording. The LOC required by this SIA shall
be issued by a state or national banking institution acceptable to the BOCC. If the institution
issuing the LOC is not licensed in the State of Colorado and transacting business within the
State of Colorado, the LOC shall be "confmned" within the meaning of the Unifoml
Commercial Code, Letters of Credit, §4·5-101, er seq., C.R.s., as amended, by a bank that
is licensed to do business in the State of Color.do, doing business in Colorado, and
acceptable to the BOec. The LOC shall state that presentation of drafts drawn under the
LOC shall be at an office of the issuer or confirmer located in the State of Colorado. The
Final Plat of the Subdivision shall not be recorded until the security, described in this
paragraph 3 has been received and approved by the BOCC.
b. Extension of LOC Expiration Date. If the Completion Date, identified in
paragraph 2.a., above, is extended by a written amendment to this SIA, the time period for
the validity of the LOC shall be similarly extended by the Owner. For each six (6) month
extension, at the sole option of the BOCC, the face amount of the LOC shall be subject to
re·certification by Owner's Engineer of the cost of completion and review by the BOCC.
c. Unenforceable LOC. Should the LOC become void or unenforceable for any
reason, including bankruptcy of the Owner or the financial institution issuing or confmning
the LOC, prior to the BOCC's approval of Owner's Engineer's certification of completion
of the Subdivision Improvements, this SIA shall become void and of no force and effecl and
the Final Plat shall be vacated pursuant to the terms of this SIA.
4
I'" Wi.11"'i~,Ij,MI!.IIWlI~,~U" flliLrlr'It ~U'illlll'
Receptlon~: 736856
11/~7/20e7 09:53:53 RM Jun Alberico
5 of 19 Reo Fu:$0.00 Doc Fae:0.00 GRRFIELD COUNTY CO
d. Partial Releases of Security. Owner may request partial releases ofthe LOC,
and shall do so by means of submission to the Building and Planning Department of a written
request for partial release of LOC, accompanied by the Owner's Engineer's stamped
certificate of partial completion of improvements. The Owner's Engineer's seal shall certify
that the Subdivision Improvements have been constructed in accordance with the
requirements of this SIA, including all Final Plat Documents and the Preliminary Plan
Approval. Owner may also request release for a portion of the security upon proof that I)
Owner has a valid contract with a public utility company regulated by the Colorado Public
Utilities Commission obligating such company to install certain utility lines; and 2) Owner
has paid to the utility company the cost of installation as required by the contract. The
BOCC shall authorize successive releases of portions of the face amount of the LOC as
portions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as
complete to the BOCC by the Owner's Engineer and said certification is approved by the
BOCC.
e. BOCC's Investigation. Notwithstanding the foregoing, upon submission of
the Owner's written request for partial release of LOC, along with Owner's Engineer's
certificate of partial completion of improvements, the BOCC may review the certification
and may inspect and review the Subdivision Improvements certified as complete to
determine whether or not they have been constructed in compliance with relevant
specifications, as follows:
i. Ifno letter of potential deficiency is furnished to Owner by the BOCC
within fifteen (15) business days of submission of Owner's written request for partial
release ofLOC, accompanied by Owner's Engineer's certificate of partial completion
5
of improvements, all Subdivision Improvements certified as complete shall be
deemed approved by the BOCC, and the BOCC shall authorize release of the
appropriate amount of security.
ii. If the BOCC chooses to inspect and detennines that all or a portion
of the Subdivision Improvements certified as complete are not in compliance with
the relevant specifications, the BOCC shall furnish a letter of potential deficiency to
the Owner, within fifteen (\5) business days of submission of Owner's written
request for partial release of LOC, accompanied by Owner's Engineer's certificate
of partial completion of improvements.
iii. If a letter of potential deficiency is issued identifying a portion ofthe
certified Subdivision Improvements as potentially deficient, then all Subdivision
Improvements not identified as potentially deficient shall be deemed approved by the
BOCC, and the BOCC shall authorize release ofthe amount of security related to the .
Subdivision Improvements certified as complete and not identified as potentially
deficient.
iv. With respect to Subdivision Improvements identified as potentially
deficient in a letter of potential deficiency, the BOCC shall have thirty (30) days from
the date of the letter to complete the initial investigation, begun under subparagraph
3.f.ii., above, and provide written confinnation of the deficiency(ies) to the Owner.
v. If the BOCC finds that the Subdivision Improvements are complete,
in compliance with the relevant specifications, then the appropriate amount of
security shal I be authorized for release within ten (10) business days after completion
of such investigation.
6
f. BOCC Completion of Improvements and Other Remedies. If the BOCC
finds, within the thirty (30) day period of time, defined in subparagraph 3.f.iv. above, that
the Subdivision Improvements are not complete, or if the BOCC determines that the Owner
will not or cannot construct any or all of the Subdivision Improvements, whether or not
Owner has submitted a written request for release of LOC, the BOCC may withdrew and
employ from the LOe such funds as may be necessary to construct the Subdivision
Improvements in accordance with the specifications, up to the face amount or remaining face
amount of the LOC. In such event, the BOeC shan make a written finding regarding
Owner's failure to comply with this SlA prior to requesting payment from the LOC. In lieu
of or in addition to drawing on the LOC, the BOCC may bring an action for injunctive relief
or damages for the Owner's failure to adhere to the provisions of this SlA regarding
Subdivision Improvements. The BOeC shall provide the Owner a reasonable time to cure
any identified deficiency(ies) prior to requesting payment from the LOe or filing a civil
action.
g. Final Release of Security. Upon completion of all Subdivision Improvements,
Owner shall submit to the BOCC, through the Building and Planning Department: 1) record
drawings bearing the stamp of Owner's Engineer certifying that all Subdivision
Improvements have been constructed in accordance with the requirements of this SIA,
including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and
digital format acceptable to the BOCC; 2) copies of instruments conveying real property and
other interests which Owner is obligated to convey to the Homeowner's Association oftbe
Subdivision at the time of Final Plat Approval; and 3) a written request for final release of
LOC, along with Owner's Engineer's stamp and certificate of final completion of
7
improvements.
i. The BOCC shall authorize a final release of the LaC after the
Subdivision Improvements are certified as final to the BOCC by the Owner's
Engineer and said final certification is approved by the BOCC. If the BOCC finds
that the Subdivision Improvements are complete, in accordance with the relevant
specifications, the BOCC shall authorize release of the final amount of security,
within ten (10) business days foHowing submission of the Owner's written request
for final release of LOC, accompanied by the other documents required by this
paragraph 3.h.
ii, Notwithstanding the foregoing, upon Owner's written request for fmal
release ofLOC, accompanied by Owner's Engineer's certificate of final completion
of improvements, the BOCC may inspect and review the Subdivision Improvements
certified as complete. If the BOCC does so review and inspect, the process contained
in paragraph 3.f.,above, shall be followed.
iii. If the BOCC finds that the Subdivision Improvements are complete,
in accordance with the relevant specifications, the BOCC shall authorize final release
of security within ten (10) days after completion of such investigation.
iv. If the BOCC finds that the Subdivision Improvements are not
complete, in accordance with the relevant specifications, the BOCC may complete
remaining Subdivision Improvements, or institute court action in accordance with the
process outlined in paragraph 3.g., above.
4. FIRE PROTECTION SYSTEM. Owner shall install the fire protection system in
accordance with plans and specifications submitted by Colorado River Engineering, Inc. All
8
1111 w..r'UWII,Hll,loWf,~,~l.I!rLIW ~~Itn.~,~ 11111
ReceptiDn~: 736856
1,/07/200709:53:53 AM Jean Rlberico
9 01 19 Ree Fe.:SQ).00 Ooc 1'"80:0.00 GRRFIELD coUNTY CO
easements and rights of way necessary for installation, operation, service and maintenance of such
fire protection system shall be established as shown on the final plat for Big R Commercial Park.
Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the
instruments of conveyance for easements appurtenant to the fire protection system, for recordation
following recording of the Final Plat and this SIA. Once completed and certified by Owner's
Engineer, all facilities and equipment contained witlrin the fire protection system shall be transferred
by Owner to the Lotowner's Association of the Subdivision by bill of sale. Operation of the fire
protection system shall be as set forth in the Declaration of Covenants, Conditions and Restrictions
for Big R Commercial Park
5. CDOT PERMITS. COOT Permit Nos. 399019 and 399020 shall be assigned by the
Owner to the Lotowner's Association. The Lotowners's Association shall be responsible for
monitoring compliance with the terms of the permits and obtaining new or amended permits if and
when necessary as set forth below. Prior to the submission of an application for a new building
permit on any of the Lots, the Lotowner's Association shall obtain a trip generation estimate from
a registered professional engineer using methods approved by Institute of Transportation Engineers
for the new building and its proposed use. A trip generation estimate and the most recent up-to-date
count of the actual average daily trip analysis shall be supplied to Garfield County with any building
permit application. If the addition of the trip generation estimate to the actual average daily trips
exceeds 20% of the permitted average daily trips for the related access under the then-existing
permit, the Lotowner's Association shall obtain a traffic study from a registered professional
engineer and new permit(s) from COOT as necessary
6. CITY OF RIFLE WATERSHED PERMIT. Owner has obtained City of Rifle
Watershed Permit No.1 -05 which shall be assigned by Owner to the Lotowner's Association. Such
9
permit is an umbrella permit for general commercial operations at the Subdivision. Individual uses
on the Subdivision lots will require a letter of compliance from the City of Rifle or a separate
watershed permit depending on use.
7. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner
to the public as pubic rights-of-way and shall be accepted by the BOCC, on behalf of the public, on
the face of the Final Plat. The Lotowner's Association ofthe Subdivision shall be solely responsible
for the maintenance, repair and upkeep of said rights-of-way, including the traveled surface of the
roadways and portions of the rights-of-way outside ofthe traveled surface. The BOCC shall not be
obligated to maintain any road rights-of-way within the Subdivision.
8. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist
elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of-
way for installation and maintenance of utilities. Public utility easements shall be dedicated by the
Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road and
Right-of-Way Use Regulations, recorded as Reception No. 643477, in Book 1548, at Page 918 and
as amended.· The Lotowner's Association of the Subdivision shall be solely responsible for the
maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the
public utility company(ies). The BaCC shall not be obligated for the maintenance, repair and
upkeep of any utility easement within the Subdivision. In the event a utility company, whether
publicly or privately owned, requires conveyance of the easements dedicated on the face of the Final
Plat by separate document, Owner shall execute and record the required conveyance documents.
9. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be
separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk
and Recorder.
10
1111 Wl.'l"~'i,\HlI.IIV\',I-iII',M.w.r.rll/.llr.l'llt~'~ 11111
Reception#: 736856 .
11/07/200709-53·53 RI"! Jean Alb8r1CO
11 of 19 Reo Fu;50.oo Doc Fee:0.00 GARFIEl.D COUNTY CO
10. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one
remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any
residence or other habitable structure to be constructed within the Subdivision. Further, no building
pennit shall be issued unless the Owner demonstrates to the satisfaction ofthe Rifle Fire Protection
District ("District"), if the Fire District has so required, that there is adequate water available to the
construction site for the District's purposes and all applicable District fees have been paid to the
District. No new certificates of occupancy shall issue for any habitable building or structure within
the Subdivision until all Subdivision Improvements have been completed and are operational as
required by this SIA.
11. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the
terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots
for which building permits have not been issued. As to lots for which building permits have been
issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide
the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any
portion ofthe Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC
and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or
portions thereof, by resolution.
12. ENFORCEMENT. In addition to any rights provided by Colorado statute; the
withholding of building permits and certificates of occupancy, provided for in paragraph 10, above;
the provisions for release of security, detailed in paragraph 3, above; and the provisions for plat
vacation, detailed in paragraph 11, above, it is mutually agreed by the BOCC and the Owner, that
the BOCC, without making an election of remedies, and any purchaser of any lot ",thin the
Subdivision shall have the authority to bring an action in the Garfield County District Court to
II
compel enforcement ofthis SIA. Nothing in this SIA, however, shall be interpreted to require the
Boee to bring an action for enforcement or to withhold permits or certificates or to withdraw
unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other
provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the
BOCC.
13. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the
Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and
parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and
other interested persons as to the terms and provisions ofthis SIA.
14. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall
be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC.
15. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The
representatives of the Owner and the BOCC, identified below, are authorized as contract
administrators and notice recipients. Notices required or permitted by this SIA shall be in writing
and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery
shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service,
or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner
at the address or facsimile number set forth below:
Owner: Big R Enterprises, LLC
P.O. Box 9
Rifle, CO 8 I 650
Phone: (970)625-2410
Fax: (970) 625-2410
12
w/copy to,
Barbara L. Clifton
Stuver, LeMoine & Clifton, P.c.
P.O. Box 907
Rifle, CO 81650
Phone: (970) 625-1887
Fax: (970) 625-1887
BOCC: Board of County Commissioners
of Garfield County, Colorado
clo Building & Planning Dir.
108 8'h Street, Suite 40 I
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Fax: (970) 384-3470
16. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be
modified, but only in writing signed by the parties hereto, as their interests then appear. Any such
amendment, including by way of example, an amendment to extend the Completion Date, substitute
the form of security or approve a change in the identity of the security provider/issuer, shall be
considered by the BOCC at a scheduled public meeting. If such an amendment includes a change
in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the
Owner to a successor in interest, Owner shall provide a copy of the recorded assignment documents
13
to the BOCC, along with the original security instrument. Notwithstanding theforegoing, the parties
may change the identification of notice recipients and contract administrators and the contact
information provided in paragraph 15, above, in accordance with the provisions of that paragraph
and without formal amendment of this SIA and without consideration at a BOCC meeting.
17. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall be deemed one and the same
instrument.
18. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out
of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA
shall be construed according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date
of Final Plat Approval for the Su ivision.
TY COMMISSIONERS
ATTEST: U ,COLORADO
~1#.. tV1. ~:dJ-
rk to the Board
Date: --+-"-"--"-1-"7------
Date:._--,-'--t'+-"'-''-+---'''+ __ _
Q
Peter Van Domelen, Manager
Date: 10 -\ ~-a-o
14
1111 Wi. flr.IIi,\MlU\l~I\,I-W~:M,~r-w.\'\'l:1JII1I' ~,~ 1IIII
ReceptlonB: 73S856
11/07/200709,63:53 AM Jean Rlberico
15 of 19 Rec Fee:S0.00 Doc Fea:0.00 G~RFIELD COUNTY CO
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
WITNESS my had and official seal.
My commission expires: -tJ:c\.:..L::t.l.L---n'---__ -"
15
EXHIBIT A
Plans marked "Approved for Construction" prepared by Colorado River Engineering, Inc. and
submitted to the Board of County Commissioners on September 12,2007 consisting ofthe following
list of drawings:
I) Road Plan & Profile, Grading East
2) Grading West
3) Utility Plans
4) Utility Details
5) Drainage Details
6) Sediment & Erosion Drainage Plan
16
1\11 Wl.FUI'i,\MH,~r.toIil~MI~I+llI'lWl'llt~,~ 11111
Recept ionl:l: 736856 EXHIBIT B
,,107 (21307 09: 63 :53 ~ Jeiln IUber ieo
1701 19 Ree Fee:$0.0@ Doc l""ell:0.00 GARFIEL.D COUNTY CO
f--.. f--
clear and grub
PONDS
scariN and,
,and
General,
,of ",,"slle malerial
I material
I placement and compaction of ~cavated material
iprap, , and I
liner
>IIC pipe I collar
,outlet structure
IRE I ,&AlARM
laler Pipe, ncludi I valves I
Ire I
s·
cTANK
':
Ponds.
-.. -.-. . ----
10-
I Park
I costs-
unItS
8,01' ISQ. yd.
'. yd.
458 cu. yd.
1311cu. yd.
9381"". ft
eaell
_ 4 each
--_._+---
SO.35
$0.75
$2.50
57.50
$50.00
&1.25
.50.00
Cost
$1, 170~00
$300.00 $1,200.00
.75
$750.00 00.(
$75.00
Sh50 ,317.
'2. ~
541,750.
. lIoinls
Ing
• buried --k_-=.-.~-~~ ===t=~~!~~~t-=1l1 S· _~E~:~~ 200 OAE ,. __ ,
30 leu. yd. '.500.'
Sioraoe Tank. Sub-Tolal: I $'
IUTIUTIES ~lbIUried~'~iliu:nea~nd_:_~:.:_~~~~.~~-+li.n_S1aIlI~i~~nd~l~nPla_ce __ ':::_-j~_-=_=~II"D5.~!m~!~=f~~$~11!5.~.,'o~o~~~_,;Q4~~)~.o~c
~moval and d~oosal of utilitv ~ LS ~i
, U • , sut;:Tolaf:
ROi
~~course
1,23· tons
Roads, Sib-T nl.1
1--------.. -Jand , II 1------_._------... _ .. _---+
-.f----. 1--_________ . __ .-. ----.-.----.-____ ..L ____ . ______ -'--__ J
521.QO 525.
S75-:OO ,
1$1·
J%
This opinlon of probable construction ~ 1-planning purposes only. Colorado River "::." i'~~d lIne. cannot be held
, for; , from Ihis , , r va;:;;du~ 10 I I of project scope,' bid :;.::
A Alpine Bank
<II ~"
1111 Wl'I.nr.I'iI\MI!I~,t-iI!~MI'1f,~lrftr!llU~ 11111
Reeeption#: 736856
11f0712007 09:53:53 At"! Jean IUberico 18 Dr 19 Reo Fse:$0.00 000 Fe.:0.00 G~RflELD COUNTY CO
IRREVOCABLE STANDBY LETTER OF CREDIT
Reference #: 4150768701
Amount: $409,906.56
Date ofissue: October 12,2001
Expiration Date: April 12, 2009
BENEFICIARY:
APPLICANT:
Board of County Commissioners of Garfield Comty
108 8th Street, Suite 213
Glenwood Springs, Co 81601
Big R Enterprises, L.L.C.
Rifle
100 Eost 4th Street
Rifle, Colorado 81650
970·625·9610
Fox 970-625-9616
We hereby establish at the request of Big R Enterprises, L.L.C., Irrevocable
Standby Letter of Credit No. 4150168701 in an amount not to exceed Four Hundred Nine
Thousand Nine Hundred Six Dollars and Fifty Six Cents (U.S. $409,906.56). The
purpose of this letter is to secure Big R Enterprises, L.L.C. performance of and
compliance with the agreement between Big R Enterprises, L.L.C. and Board of County
Commissioners of Garfield County, dated October 12, 2007 and titled Big R Commercial
Subdivision Improvements Agreement. This letter of credit expires at Alpine Bank, at .
5:00 p.m. Mountain Standard Time on April 12, 2009. This letter is not transferable.
Partial draws are pennitted. The BOCC may authorize periodic reductions in the
face amount of this Letter of Credit and, if so authorized, the revised face amount of the
Letter of Credit shall be evidenced by a separate Reduction Certificate, approved and
executed by the BOCC or BOCC's authorized representative.
Drafts submitted by Beneficiary must be accompanied by the following
documents:
I. Beneficiary's signed statement executed by the Chainnan of the BOCC or
the BOCC's authorized designee stating: Big R Enterprises, L.L.C.,
developer of Big R Commecial Park Subdivision is in default of its
obligations set forth in that certain Subdivision Improvements Agreement
between Big R Enterprises, L.L.C. and the BOCC, dated October 12,
2007, and recorded as Reception Number in Book
-=-=--::-:-at Page of the Real Estate Records of the Office
of Garfield County Clerk and Recorder.
ftklklt±C
www.aipinebank.com
0. Alpine Bank
1III MIj, flr.ili,\MlI ,t'III1,H1I~lIW'r,iI\~:ttlr.I~N\!' ~,~ 11111
Reception~: 735856
111071200709:53;53 RI'I Jean Rlberlco
19 of 19 Reo Fee:$0.00 Doc FeA·0.00 GRRFIELD COUNTY CO
Rifle
100 East 4th Street
Rifle, Colorado 81650
970-625-9610
Fax 970-625-9616
2. The original Letter of Credit, endorsed on the reverse side with the words:
"Drawn by the Board of County Commissioners of Garfield County,
Colorado in the amount of$409,906.56," manually signed by the
Chairman or the BOCC's authorized representative.
This Letter of Credit and amendments, if any, must be returned to us for
cancellation by Big R Enterprises, L.L.C. with a statement signed by the Beneficiary
stating: "This Letter of Credit is no longer required by the BOCC and is hereby returned
to the issuing bank for cancellation."
We hereby agree to honor each draft drawn under and in compliance with the
terms of this Letter of Credit if presented, together with the documents above specified,
to Alpine Bank, 100 E. 4th Street, Rifle, Colorado, on or before the date of expiration
identified above. This letter is issued subject to the Uniform Commercial Code at C.RS.,
4-1-10 I et seq., as amended.
ALPINE BANK
BYK1:5~:~h~8:;si:fl!gresident
www.o!pinebank.com
ACKNOWLEDGEMENT OF SECOND PARTIAL SATISFACTION
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, Big R Enterprises, LLC (hereinafter "Owner"), entered into a Subdivision
Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado
(hereinafter "Board"), recorded as Reception No. 736856 of the Garfield County records on October
12,2007, for the improvements of Big R Commercial Park Subdivision; and
WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of
$409,906.56 in order to secure the subdivision improvements to be constructed by the Owner as
required in the SIA; and
WHEREAS, the obligations of the Owner have been partially satisfied in part, as verified in a
statement from Christopher Manera, Colorado River Engineering (Colorado RegisteredP.E. 30579),
dated June 2, 2008 that work has been completed consistent with improvements described in the
Subdivision Improvements Agreement.
WHEREAS, on June 16'\ 2008, at the request of the Owner and in consideration of the
premises and prior agreements, the Board acknowledged the first partial satisfaction of the
Subdivision Improvements Agreement entered into by the Owner and the Board for the release of
security in the amount of$33 I ,042.56 for work completed consistent with improvements described
in the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of
$78,864.00 (Reception # 750602).
WHEREAS, the obligations of the Owner have been partially satisfied in part, as verified in a
statement from Christopher Manera, Colorado River Engineering (Colorado Registered P.E. 30579),
dated October 31,2008 that work has been completed consistent with improvements described in the
Subdivision Improvements Agreement.
NOW THEREFORE, at the request of the Owner and in consideration of the premises and
prior agreements, the Board hereby acknowledges this second partial satisfaction of the Subdivision
Improvements Agreement entered into by the Owner and the Board for the release of security in the
amount of $47,425.00 for work completed consistent with improvements described in the
Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of
$31,439.00.
5
.1I11JJ1 .. WIL'I~MIII\o\U::llliIVl~II~.M't.K \~,~,j.U 1IIII
Reception": 159013
11120/2008 10,55:01 AM Jean Alberico
2 or 5 Ree F".:$0.00 Doc F'iI',,:0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
The foregoing instrwnent was acknowledged before me this J1 ~ day of
NoVtwUwc ,2007, by John Martin, as Chairman of the Board of County Commissioners of
Garfield County, Colorado.
WITNESS my hand and official seal.
My commission expires ~~ V'!\. ~
I aWl Garfie County Clerk
'1111Ii~ .. rlr~l:~ r.-~IWU\'JII\\·''''~'iM ~:~V.r:~U 11111
Rec~ticn~: 159013
11120/200B 1C:5S:01 AM Jean Alberico
3 of S Ree Fe"':$O.013 000 Fee:0.00 Gt:lRFIELO COUNTY CO
STUVER, L.EMOINE Be CL.lFTON, p.e.
THOMAS W. STUVER
DANIEL D. LIitMOINE
BARBARA L. CLIFTON
David Pesnichak, Senior Planner
ATTORNEYS AT l..AW
120 WEST THIRD STREET
P. O. BOX 907
RIFL.E, COLORADO B!SSO
Nov~mber 3, 2008
Garfield County Building and Planning Department
108 81h Street, Suite 201
Glenwood Springs, CO 81601
RE: Big R Commercial Park Subdivision
TEL.EPHONE 970· li2S-ISS7
FAX 970 • 625-4448
L -r· ~ ''";; '~.' ! R£li..r·, '
NOV 0 3 [UiJt
GARFIELD CouNTY
BUILDING & PLANNING
Request for Extension of Subdivision Improvements Agreement and Partial Release
of Letter of Credit
Dear David:
As you know I represent Big R Enterprises, LLC regarding the development of Big R
Commercial Park Subdivision. Pursuant to Paragraph 2 of the Subdivision Improvements
Agreement (SIA) executed November IS, and recorded as Reception No. 736856 in the Office
of the Garfield County Clerk and Recorder, I am requesting an extension of the completion date
for the subdivision improvements to February 15,2009. As set forth in the attached letter from
Chris Manera, P .E., Colorado River Engineering, all of the improvements have been fully
completed except the fire alarm systems in the existing building. Although Acme Alarm has
installed the majority of the systems, Rifle Fire Protection District has requested certain changes
as the result of its inspection on October 30, 2008. Big R Enterprises, LLC anticipates that it
will take several weeks for the changes to be completed and reinspected.
Additionally, pursuant to Paragraph 3 ofthe SIA, Big R Enterpises, LLC requests an additional
partial release of the letter of credit securing the SIA. The original Letter of Credit was in the
amount of $409,906.56. and one earlier partial release brought the current amount oflbe letter
of credit to $78,864.00. In the attached October 31, 2008 letter from Chris Manera, P.E., he
stated that $31,439.00 in work (including contingencies and inspection costs) still need to be
completed. Accordingly, I am requesting a partial release of the letter of credit in the amount
of $47,425.00
Please call if you have any additional questions. Thank you for your consideration of this
matter.
Sincerely,
S~& CLIFTON, P.e.
/
Barbara L. Clifton
Enclosure
cc: Big R Enterprises, LLC
INCORPORATED
Big R Commercial Park
cia Barbara L. Clifton
IllIlJJrJI",lf,r; MIIII\\Ir, rl'MI!'J""'Ir.'.:Io~i\lIJ oiI.iil. 11111
ReceptiDn~: 759013
1112012008 10:55:01 AM Jean Alberico
4 of 6 Rao FIiI.:$0,00 Doc Fee:O.00 GARFIELD COUNTY CO
October 31, 2008
Stuver, LeMoine & Clifton, P.C.
120 West 3,d Street
Rifle, CO 81650
RE: Big R Subdivision -Construction Certification
Dear Mr. Regulski:
P.O. Box 1301
Rifte, CO 81650
Tel 970-625-4933
Fax 970-625-4564
As requested, Colorado River Engineering, Inc. (CRE) has reviewed the construction status to date
for the above referenced project. A majority of the public improvements have been completed_ The
attached Table 1 summarizes the original construction cost estimate prepared for the subdivision
improvements agreement. A "to be completed" column was added to the table in the past to track
security requirements. The project is complete with the exception of final improvements to the flre
alarm system. We have conservatively left a majority of the fire alarm system security in place as
we are not able to verify work specifications and will rely on the fire district approval of the system
for certification purposes. This letter and the attached Table 1 shall serve as certification that the
proposed public improvements are in accordance with the engineering design and have been
substantially completed.
[fyou have any questions, please do not hesitate to call 970-625-4933.
Christopher Manera, P.E.
CREtoBIGR10-31-08.doc
1III WlI .. ~~ltfl,MJI riIIl .. rv.I~m~"",Ir'~r ~111,oj \~ 1IIII
Recept!on~: 759013
11120/21308 113:55:01 A.M Jeiin Rlberico 5 of 5 Reo Fee:S0_00 Doc Fee:~.00 GRRFIELD COUNTY CO
TableT;; I R I Par
,EstiiiiSte , costs -: I
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th!s estimate as actual costs may vary due
10/'3112008 p.."
1III FIJ~J~'!"r'II~rrAIIIV~ K! ~ I II"JlflllklWPII\I\'Ifiil. 11111
Reception#: 160015
12/111201]802:22:44 PM Jean AlberIco
1 of 1 Ree Fee:$6.Q0 000 Fee:0.00 GARFIELD COUNTY CO
GRANT DEED
IHlSGRANIDEED,madethis 1l)4t. dayof beC0\w ,2008,betweenBig
R Enterprises, LLC of the County of Garfield and the State of Colorado, grantor, and Big R Lot
Owners Association, Inc., whose legal address is P.O. Box 1866, Rifle, CO 81650 of the County
of Garfield and State of Colorado, grantee.
WITNESSEIH, that the grantor, for and in consideration of the sum of len ($10)
dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, hereby GRANTS unto the grantee, its successors and assigns, forever, all the right,
title, interest, claim and demand which grantor has in and to the real property, together with
improvements, if any, situate, lying and being in the County of Garfield and State of Colorado,
described as follows:
That 60-foot roadway designated as Big R Road, subject to the dedication to the public,
as shown on the plat of the Big R Commercial Park Subdivision, recorded in the Office
of the Garfield County Clerk and Recorder as Reception No. 736855
reserving to Grantor all oil, gas, and other mineral rights not previously reserved.
IN WITNESS WHEREOF, the grantor has executed this Grant Deed on the date set
forth above.
SlATE OF COLORADO
COUNTY OF Pl-I kin
)
) ss.
)
Big R EnterpriS~ By:~hV. 0
Peter Van Domelen, Manager
~ The foregoing instrument was acknowledged before me on this Io-Jh-day of
IXcern be.< ,2008, by Peter Van Domelen as Manager ofBig R Enterprises, LLC.