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HomeMy WebLinkAbout1.0 ApplicationAPPLICATION Special Use Permit • iS 1 D COUNTY PLANNING DEPARTMENT " UEC 0 2.191' i � f 109 Eighth Street, Suite 303 — Glenwood Springs, CO 81601 C1p itX:-Fra..C) CalThi hone: 970.945.8212 Facsimile: 970.945.7785 Submittal Date: Applicant: Gig -1- 1 --Fe PL-/ nyr (IN Base Fee: $400 Address of Applicant: /gT /19/2-/A-r-Lvv GLEN4'oon $'r Telephone: �nn P16o1 Special Use Being Requested: /-iCC, £%4v/ @3-32-69 u/k 927— q76 we< Zone District: Size of Property: 9' ?S) /fie Application Requirements: These items must be submitted with the application 1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles S jt accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed Mg"' structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 3] A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (I) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4] A vicinity map, showing slope of your property, for which a U.S.G.5. 1:24,000 scale quadrangle map will suffice. 5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. z Oa 6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgment from the property owner that you may act in his/her behalf. For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive; and 5.03.08, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing, for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of the public hearing. The information contained within this application is complete and correct, to the best of my knowledge: Applicant: Date: Col 10c 60,6 6800 9.35 • 1364 V 2395-124-01-011 2395-124-01-022 Ca/44W acYN 15y� •235 AC .01 5010 A0. 3.782 AC 9.651 AC 7.572 AC 017) 5.984 AC F ////, j (G) 80.54 5+ 2393-191-00-352 V 36 AC. Charles and Lee Plimpton PO Box 61 Carbondale, CO 81623 November 30, 1998 Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Gentlemen: Enclosed please find an Application for Special Use Permit packet for our existing unit on Lot #19 at TellerSprings Subdivision. Although currently being used as the primary residence, it was built to accommodate the restrictions of an accessory unit, i.e., 1,500 square feet or less total area. In the near future we intend to apply for a permit to build the main house. The Table of Contents lists all information included in this packet. Your favorable consideration of this matter is very much appreciated. Sincerely, Gib and Lee Plimpton Ib Enclosures meg DEC 0 2 1998 �... ;` tttL/ October 27, 1997 Gib Plimpton 189 South Third Street Carbondale, CO 81623 Re: ISDS for Plimpton Residence HCE File Number 97004.21 Dear Gib: This letter is to follow up on our site visit of October 17, 1997 when we also performed percolation testing. The three holes we tested were prepared by you and soaked the previous afternoon. The holes were initially filled for testing at approximately 3:45 p.m. and the test was run until approximately 5:50 p.m. The rate of percolation varied considerably between the holes, and upon closer examination, a clayey layer was found to be affecting the percolation rates. The gravelly layer below the clayey layer had a percolation rate of 20 minutes per inch, and we recommend that a design rate of 20 minutes per inch be used. However, care must be taken when digging the absorption trenches, to extend the excavation below the clayey layer and into the gravelly material below. The proposed residence is currently designed for two bedrooms, however, the ISDS design will be based on three bedrooms to allow for future expansion. The design flow for a home of three bedrooms would be 675 gallons per day. With a percolation rate of 20 minutes per inch, the necessary absorption area would be 619 square feet. We understand that you wish to use the new Infiltrator units which are nominally two feet wide and eight feet long. Per the Colorado Department of Health, each of those units has an allowable infiltrative area of 31.93 square feet. Therefore, twenty units would be required. This could be built in two parallel trenches of eighty feet long each, with a distribution box to divide the flows between the two trenches. The minimum required septic tank size is 1000 gallons. We usually recommend using the next larger size, but since the system has already been designed for more capacity than is currently needed, the 1000 gallon size probably makes sense. If you have any questions, or need additional information, please contact us. Sincerely, HIGIj%COUN'RY ENGI EERING, INC. Ti o P. Bec Pr' cipal Engineer TRB/soe (60 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT Permit 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT 2822 Assessor's Parcel No. This does not constitute a building or use permit. PROPERTY Owner's Name Charles & Lee Plimpton Present Address 189 so 3rd, Carbondale Phone 963-3269 System Location 0188 Lariat Lane, Teller Springs, Lot 19, Glenwood Springs Legal Description of Assessor's Parcel No SYSTEM DESIGN too b Septic Tank Capacity (gallon) Other 4 1...4-40 1 —to Percolation Rate (minutes/inch) Number of Bedrooms (or other) 3 Required Absorption Area - See Attached Special Setback Requirements: Date Inspector FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation System Installer Septic Tank Capacity 1000 C`0 toELer/cd i( Septic Tank Manufacturer or Trade Name Septic Tank Access within 8" of surface Absorption Area V CS tO $ ©F 2x8Fr a2Qits t lO Absorption Area Type and/or Manufacturer or Trade Name f (YFic?A-A o itf' Adequate compliance with County and State regulations/requirements Y5 -"S Other Date (0—td-9 7 Inspector 4 n r RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class 1, Petty Offense ($500.00 fine — 6 months in jail or both). I O ) White - APPLICANT Yellow - DEPARTMENT . ,r'PLICANT urrit,C ur Inc J I HA C. CINUIrilz r1 COLORADO DIVISION OF WATER RESOURCES 818 Cuntonnlal eldg., 1313 Sherman St., Denver, Colorado e0203 (303) 8864581 634 WELL PERMIT NUMBER 045457 DIV, 5 CNTY. 23 WO 38 DES. BASIN MD Let; Block: Filing: Subdiv: TELLER SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY • TELLER SPRINGS HOMEOWNERS ASSOC NE 1/4 NE 1/4 Section 13 CALOIA, HOUPT & LIGHT Twp 7 S • RANGE 89 W Eith P.M. 1204 GFANO AVE GLENWOOD SPGS CO 81601- DISTANCES FROM SECTION LINES 200 Ft. from North Section Line (970)945.6067 890. Ft. from East Section Line EXPANSION OF USE -10F EXIST1NG WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDfT1ONS OF APPROVAL 1) This well shall ba used In such a way as to cause no material injury to existing Water rights. The issuance cf the permit does not assure the applicant that no injury will occur to another vested water right or preclude another own& cf 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 OCR 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) on the condition that the well be operated in accordance with the Ross Jeffery Augmentation Plan approved by the Division 5 Water Court in case no. 90C'W267 and amended in ease no. 940W081. If the well Is not operated In accordance with the term) of said decrees, it will be subject to admin,smi,ti3n including Orders to cease diverting water, 4) Approved fro an expansion of use of an existing well, permit no, 38662-F (canceled). 5) The Use of ground water from this well combined With Teller Sphngs Well No. 2 is limited to (*dinar` household purposes inside 52 single family dwellings, the irrigation of not more than 3.1 acres, and the watering of domestic animals. 6) The simuitaneous maximum pumping rate of this well and Taller Springs Well No. 2 shall not exceed 60 GPM. 7) The combined annual amount of ground water to be withdrawn from this well and Teller Springs Weil No. 2 shall not exceed 21.9 acre-feet. 8) The return flow 56rn tie use of the well rnust ba through a waste water disposal system cif the non -evaporative type where the water is returned to the same stream system in which the well is located. 9) A totaiiling 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 requoSt, 10) This welt shall ha located not more than 200 feet from the location specified on this pen -nit. 11) The owner shall mark the well in a conspicuous place with well permit number(s), narrie of Mo aquifer, and court case number(s) as appropriate, The owner shall take necessary means and precautions to preserve these m.a 'kings, ; b '1 / Pa` AP?ROVED JD2 ar C` s'1� .J044pf No. 03at129A D.ATiE ISSUED SEP1 1 1995 EX?IRAiICN DAT SE "ISLIt • (1 I) DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO Case No. 94CW81 RULING OF REFEREE IN THE MATTER OF THE APPLICATION FOR AMENDED PLAN FOR AUGMENTATION OF: TELLER SPRINGS HOMEOWNERS ASSOCIATION IN GARFIELD COUNTY, COLORADO The above entitled Application was filed on April 29, 1994, and was referred to the undersigned as Water Referee. for Water Division No. 5, State of Colorado, by the Water Judge of said Court, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1993, known as the Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Application are true and having become fully advised with respect to the subject matter of the Application does hereby make the following determination and Ruling as the Referee in this matter, to -wit: 1. The statements in the Application are true. 2. A timely statement of opposition was filed on behalf of James L. Rose. 3. Name, address and telephone number of applicant: Teller Springs Homeowners Association P.O. Box 1693 Glenwood Springs, CO 81602 c/o LEAVENWORTH & CALOIA, P.C. 1011 Grand Avenue P. 0. Drawer 2030 Glenwood Springs, CO 81602 (303) 945-2261 4. Applicant request that the following claims be approved by the Court: FIRST CLAIM APPLICATION FOR AMENDED PLAN FOR AUGMENTATION FOR DECREE ENTERED IN CASE NO 90CW267 5. Complete Statement of Amendment to Decree.entered in Case No. 90CW267, Water Division No. 5, on February 11, 1993. A. Paragraph 8 is amended as follows: 8. The plan for augmentation is outlined as follows: A. The Teller Springs Subdivision is a 21 lot subdivision located on the west side of the Roaring Fork River, approximately seven miles south of Glenwood Springs, Colorado. The subdivision encompasses 175 acres (approximately) and consists of 21 single family residential lots. Domestic in-house water, livestock water and water for lawn and garden irrigation will be provided through a community water system that will serve the development. The water system is designed with the capacity to serve up to five additional single family residences, which are in addition to the 21 lot subdivision. Such additional residences are or will be located near to but not within the subdivision. The amendment is to allow each of the 26 residential lots to include a guest house for a maximum potential total of 52 residential units that may be served by the water supply system. The irrigation acreage for each unit in the previous decree was 6,000 square feet per unit and the maximum number of livestock was 104. By this amendment, the Applicant will reduce the amount of irrigation and/or reduce the number of livestock to allow for guest units to be added. In order to accommodate one guest unit, a reduction of 875 square feet of irrigated lawn must be made or three livestock must be eliminated, or a combination thereof. The water supply for the development will continue to be diverted from either or both the Teller Springs Well Nos. 1 and 2, as decreed in Case No. 90CW267. B. Diversion requirements for the development and depletions caused by use of water by the development will be re -calculated as each guest unit is approved. C. No change in the yearly amount of depletions of water from the amount decreed in Case NO. 90CW267 will occur. However, the monthly distribution will be affected. The following unit depletions will occur. See Table I, below. Page 2 Teller Springs Homeowners Case No. 94CW81 TABLE I UNIT DEPLETIONS In-house Lawn Livestock, (per unit) (per acre) (per head) Initial Reading January 0.0040 0.000 0.0014 February 0.0036 0.000 0.0013 March 0.0040 0.000 0.0014 April 0.0039 0.105 0.0014 May 0.0040 0.439 0.0014 June 0.0039 0.535 0.0014 July 0.0040 0.515 0.0014 August 0.0040 0.341 0.0014 September 0.0039 0.289 0.0014 October 0.0040 0.115 0.0014 November 0.0039 0.000 0.0014 December 0.0040 0.000 0.0014 Annual Total 0.047 2.339 0.0170 Such is based upon an in-house unit demand of 280 gallons/residence/day, consumptive use at fifteen percent for all units (both main residence and guest house), 3.34 acre feet per acre with a consumptive use of 2.34 AF/acre for irrigation, and livestock at 15 gallons per head per day with 100 percent consumptive use. D. The Applicant will tabulate the total number of units, the total number of livestock and the total irrigated acres and will be limited to an annual depletion amount of 11.347 acre feet as decreed in Case No. 90CW267 based on the consumptive use as identified in Table I, above, for all such uses. The mix of such uses will be variable and will necessarily be limited by the number of units in existence. SECOND CLAIM APPLICATION FOR AMENDED PLAN FOR AUGMENTATION FOR DECREE ENTERED IN CASE NO. 91CW61 6. Complete Statement of Amendment to Decree entered in Case No. 91CW61, Water Division No. 5. A. The Applicant seeks to add the Teller Springs Extension Ditch No. 1 to the Kaiser and Seiver Ditch and the Teller Springs Extension Ditch No. 2 to the Kaiser and Seivers Ditch as those structures and water rights are more fully described in Case No. 93CW274, Water Division No. 5, as water rights to be augmented by the sources as set forth in Case No. 91CW61. These two ditches as applied for in Case No. 93CW274 are applied for to irrigate 80 acres as is the Teller Springs Ditch No. 1, as adjudicated in Case Nos. 90CW266 and 91CW61. Page 3 Teller Springs Homeowners Case No. 94CW81 (t4) B. These three ditches and water rights will be used to irrigate the same acreage within the subdivision and the Applicant intends that all three ditches and their water rights be augmented by the water rights and in the amounts as set forth in Case No. 91CW61. No change in the consumptive use or total number 'of irrigated acres will occur. 7. No other changes in the Decrees entered in Case Nos. 91CW61 and 90CW267 are sought. 8. The Applicant agrees that made from Teller Springs Well limited in their maximum amount Month April May June July August September October any diversion of water Nos. 1 and 2 shall be to the following: MAXIMUM DIVERSION SCHEDULE Cumulative Total for all irrigation months Maximum Diversion 1.5 3.1 3.6 3.5 2.6 2.3 1.5 18.1 acre-feet CONCLUSIONS OF LAW 9. Timely and adequate notice Application was given as required has jurisdiction of the parties this action. of the filing of this by law, and this Court and subject matter of 10. The requested amendments to the above-described plans for augmentation meet the statutory criteria as set forth in C.R.S. 37-92-103(2),-302(1) and -305(8), as contemplated by law and, if operated and administered in accordance with the conditions hereof, will not cause material injury to any vested water right in the Roaring Fork River and the Colorado River. JUDGMENT AND DECREE 11. The requested claims described above are hereby approved subject to the following provisions: A. In the event that the Applicant exceeds the maximum diversion amounts as set forth in the Maximum Diversion Schedule above during the irrigation season, the Applicant shall pay Objector James L. Rose $100 for each day that water is being diverted in excess of each monthly total as set forth in the above schedule. Page 4 Teller Springs Homeowners Case No. 94CW81 t 51 1 B. Objector contends that there is a good possiblity that the effluent from Applicant's leach fields may in the future contaminate the waters which contribute to the O'Neil Spring and Pipeline. Waters from the O'Neil Spring and Pipeline flow into the Robertson Ditch for the benefit of the Objector James L. Rose. The Water Referee agrees. C. Applicant shall have a registered professional engineer test the water quality of the water flowing into the Robertson Ditch from the O'Neil Springs and Teller Springs area during April of 1995 to establish present baseline water quality. In the future after 26 residences have been constructed and occupied, Applicant shall again have a registered professional engineer test in April the water flowing into the Robertson Ditch from the O'Neil Springs and Teller Springs. If the tests indicate that the water quality is unfit for piscatorial purposes, Applicant shall not construct additional residences. Whenever additional increments of 5 residences beyond the first 26 residences are constructed and occupied, Applicant shall repeat the water quality tests by a registered professional engineer described above and if the test results indicate that the water flowing into the Robertson Ditch is not fit for piscatorial purposes, Applicant shall cease the construction of additional residences. Applicant shall provide the Objector with the results of all the water quality tests described above. 12. The Applicant, its successors, or assigns shall install, operate and maintain any and all such adequate measuring devices as may be reasonably required by the Division Engineer to facilitate the administration of these plans and to ensure compliance herewith. In addition, the Applicant,• or its successors in interest, shall prepare and submit monthly reports to the Division Engineer and to the Objector James L. Rose. 13. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. 14. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated (6) BY THE REFEREE: Water Referee Water Division No. 5 State of Colorado Approved as to form and content: LEAVENWORTH & CALOIA, P.C. Sherry A. Caloia # 11947 Attorney for Applicant P.O. Drawer 2030 Glenwood Springs, CO 81602 Page 5 Teller Springs Homeowners CHARLES M. STODDARD #251 Attorney for Objector P.O. Box 697 Glenwood Springs, CO 81602 Case No. 94CW81 No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court; provided however, that the approval of these amendments in plans for augmentation shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others during any hearing commencing in the two years following the construction and occupying of the last residence provided for as described above. Dated Water Judge Page 6 Teller Springs Homeowners Case No. 94CW81 1 Tauvdnaa0fO a;vathmad 0 4) k 2 r) a_ k § 7U Pt "0 .4.4 et § 2 t\ §AN 0g Al$ §.K del e .9o ° I.0 &/o % Tel 9± g G e 0 0 toQƒ /.C> 0 / co ƒ\ o e \ 0 0 \ / )\ § A a 0 e » •® % /2/ 2/ cn Q. o 0 c • 0 § .\ CA \\\ /f / \ƒ\ Building Permit No Single Family Dwelling Unit Use Classification Zone District Type of Construction 2 0. 0 ,d S. 3rd, Carbondale CO 81623 Address 189 Charles & Lee Plimpton Owner of Building \ to\ • 0 0188 Lariat Lane, Glenwood Springs, CO 81601 Building Addre \ 7 / / 00 /) tof0 k} )k \ }j 1/40kB 01\) ( %2 ` )0 » © $ c a cr §0R \` . {0\ §f� o B\ o47 di) rt. Ts /OM et \ o tele ©tj / tri $ % ±B� @ 7§)/tA t%0� §§ 400 ra mak) aP /00 ƒ �i. JAN $ t994 Filed for record the ddaof �J9 Reception No. 8uoxtJSSS Pic 816 ,A.D. 19 , at / /— o'clock PM. 114_1 al- BY LBy ,/ DEPUTY. FILING STAMP THIS DEED , Made this day of January 05, 1994 between ROSS D. JEFFERY of the JAN 5 1994 cAnriELD Stale Doc, Feo f d County of GARFIELD and State of Colorado, of the first part, and CHARLES G. PLIMPIION and IFF B. PLIM TON whose legal address is 189 SOUTH 3RD STREET CARBONDALE CO 81623 of the County of GARFIELD and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sun of (****$80,000.00 ) EIGHTY THOUSAND DOLLARS AND 00/100THS and other good and valuable consideration to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, lying and being in the County of GARFIEID and State of Colorado, to wit: LOT 19 TELLER SPRINGS SUBDIVISION COUNTY OF GARFIELD STATE OF COLORADO also known as street number VACANT LAND TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the said party of the first part, either in taw or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the tine of the enseating and delivery of chest presetits, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever EXCEP2 GENERAL TAXES AND ASSESSMt 1TS FOR THE YEAR 1994 AND SUBSEQUENT YEARS AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY. and the aboved bargained premises them, their assigns and the heirs or to claim the whole or any part singular number shall include the genders. IN WITNESS WHEREOF, the said written. in the quiet and peaceable possession of said parties of the second part, the survivor of and assigns of such survivor, against all and every person or persons lawfully claiming thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The plural, the plural the singular, and the use of any gender shall be applicable to all party of the first part has hereunto set his hand and seal the day and year first above Signed, Sealed and Delivered in the Presence of STATE OF COLORADO County of czapylMITID es. \ 11 (SEAL) (SEAL) (SEAL) E E SAT.iin VLv AT, O'CLOCKp M UT1d 10x1 MILDRED ALSDO'R i tJU•tTT CL:2K DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR TELLER SPRINGS SUBDIVISION INDEX l:) v!rE:4 . ARTICLE I - STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS Section 1.1 Imposition of Covenants 1 Section 1.2 Declarant's Intent 1 ARTICLE II - DEFINITIONS Section 2.1 'Articles' or 'Articles of Incorporation' 1 Section 2.2 'Assessments' 1 Section 2.3 'Association' 1 Section 2.4 'Board of Directors' or 'Board' 1 Section 2.5 'Bylaws' 1 Section 2.6 'Common Areas' 1 Section 2.7 'Declarant' 1 Section 2.8 'Design Guidelines' 2 Section 2.9 'Design Review Committee' or 'Committee' 2 Section 2.10 'Improvements' 2 Section 2.11 'Lot' 2 Section 2.12 'Maintenance Fund' 2 Section 2.13 'Member' 2 Section 2.14 'Mortgage' 2 Section 2.15 'Mortgagee' 2 Section 2.16 'Owner' 2 Section 2.17 'Plat' 2 Section 2.18 'Property' 2 Section 2.19 'Recreational Facilities' 2 Section 2.20 'Rules' 2 Section 2.21 'Teller Springs Documents' 2 ARTICLE III - THE ASSOCIATION Section 3.1 Membership 2 Section 3.2 Classes of Membership and Voting Rights 3 Section 3.3 Rules 3 Section 3.4 Assistance to Design Review Committee 3 Section 3.5 Successor to Declarant 3 Section 3.6 Implied Rights and Obligations 3 Section 3.7 Resolution of Disputes 3 ARTICLE IV - COVENANT FOR ASSESSMENTS Section 4.1 Creation of the Lien and Personal Obligation for Assessments Section 4.2 Purpose of Assessments Section 4.3 Calculation and Apportionment of Annual Assessment Section 4.4 Special Assessment Section 4.5 Uniform Rate of Assessment Section 4.6 Date of Commencement of Annual Assessments: Due Dates Section 4.7 Default Assessments 79 4 4 4 4 4 4 4 Section 4.8 Section 4.9 Section 4.10 Section 4.11 Section 4.12 Section 4.13 Section 4.14 nr' Box 815 P!GE853 Effect of Nonpayment of Assessment: Lien and Remedies 5 Successor's Liability for Assessment 5 Subordination of the Lien 5 Notice of Action 5 Exempt Property 6 Statement of Status of Assessments 6 6 Failure to Assess ARTICLE V - PROPERTY RIGHTS Section 5.1 Section 5.2 Section 5.3 Section 5.4 Section 5.5 Section 5.6 Section 5.7 Section 5.8 Section 5.9 Section 5.10 Section 5.11 Section 5.12 Section 5.13 Section 5.14 Section 5.15 Section 5.16 Common Areas 6 Association's Responsibility for Common Areas 6 Water Rights 6 Water System Operation 6 Reserved Rights in Water System 7 Roads 7 Owners: Easements of Enjoyment 7 Recorded Easements 7 Utility Easements 7 Reservation of Easements, Exceptions, and Exclusions 8 Emergency Access Easement 8 Maintenance Easement 8 Drainage Easement 8 Pedestrian, Equestrian and Fishing Easements 8 Easements Deemed Created 8 Ownership of Personal Property and Real Property for Common Use 8 ARTICLE VI - DESIGN REVIEW COMMITTEE Committee Membership 8 Purpose 9 Organization and Operation of Committee 9 Expenses 9 Design Guidelines and Rules 9 Limitation of Liability 9 Required Approval 10 Removal of Nonconforming Improvements 10 Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5 Section 6.6 Section 6.7 Section 6.8 ARTICLE VII - PROPERTY USE RESTRICTIONS Section 7.1 Section 7.2 Section 7.3 Section 7.4 Section 7.5 Section 7.6 Section 7.7 Section 7.8 Section 7.9 Section 7.10 Section 7.11 Section 7.12 Section 7.13 Section 7.14 Section 7.15 General Restriction 10 Subdivision of Lots 10 No Partition of Common Areas 10 Vehicles 10 Excavation or Fill 10 Wells 11 Signs 11 Animals and Pets 11 Drainage 11 Sanitation 11 Temporary Structures 11 Towers and Antennae 11 Outside Burning 11 Noise 11 Lighting 2I 11 Section 7.16 Section 7.17 Section 7.18 Section 7.19 Section 7.20 Section 7.21 Section 7.22 Section 7.23 Section 7.24 Section 7.25 Obstructions Number and Location of Buildings Building Character and Construction Fences Service Facilities Spring Access and Fencelines on the Eastern Lines of Lots 5 through 15 Maintenance of Landscaping Continuity of Construction Minerals Nuisances ARTICLE VIII - INSURANCE AND FIDELITY BONDS Section 8.1 Section 8.2 Section 8.3 Section 8.4 Section 8.5 Section 8.6 Section 8.7 Section 8.8 Hazards Insurance Liability Insurance Fidelity Insurance Provisions Common to Hazard Insurance, Liability Insurance and Fidelity Insurance Officers' and Directors' Personal Liability Insurance Worker's Compensation Insurance Other Insurance Insurance Obtained by Owners ARTICLE IX - DAMAGE OR DESTRUCTION Section 9.1 Section 9.2 Section 9.3 Section 9.4 Section 9.5 Section 9.6 Section 9.7 Association as Attorney in Fact Estimate of Damages of Destruction Repair and Reconstruction Funds for Repair and Reconstruction Disbursement of Funds for Repair and Reconstruction Decision Not to Rebuild Damage or Destruction Affecting Lots ARTICLE X - CONDEMNATION Section 10.1 Section 10.2 Section 10.3 Rights of Owners Partial Condemnation; Distribution of Award; Reconstruction Complete Condemnation ARTICLE XI - EXPANSION AND WITHDRAWAL Section 11.1 Section 11.2 Section 11.3 Reservation of Right to Expand Declaration of Annexation Incorporation of Additional Adjoining Property ARTICLE XII - MORTGAGEE REQUIREMENTS Section 12.1 Section 12.2 Section 12.3 Mortgagee Requirements Mortgagees' Rights Title Taken by First Mortgagee ARTICLE XIII - ENFORCEMENT OF COVENANTS Section 13.1 Violation Deemed a Nuisance 11 12 12 12 12 12 12 12 13 13 13 13 13 13 14 14 14 14 14 14 15 15 15 15 15 15 15 16 16 16 16 16 17 17 17 b^ K b1,) r:;tQuo the Property for the purposes of enforcing this Section, and any costs incurred by the Association in connection with such enforce n •small . • ially assessed to the Owners or other persons responsible for the interference. Section 7.17. ecce'!- , altered or per= caretaker • . Locatio. o Bu' d' Subject to governmental regulations, no buildings shall be placed, remain on any residential tract other than one (1) single family dwelling, one (1) guest or t, one (1) attached or detached garage and one (1) barn, stable or other non-residential outbuilding other than a garage and exceeding fifty (50) square feet. Section 7.18. fluilding Character and Construction. All buildings erected on the Property shall be designed and constructed within the following standards: (a) e,: A general style in harmony with traditional western or ranch architecture using low profile human scale designs will be followed. (b) Exterior Siding Materials: Traditional materials such as stone, brick, Togs, stucco, adobe or wood (but not including plywood or sheet siding) shall be used. (c) Roofing: Non -reflective materials shall be used. (d) Color: Colors should be muted and predominately earthtones. (e) Prohibited Construction: The following building types and standards are prohibited: mansard roofs, 'Southern Mansions', manufactured homes, geodesic domes, A -frames, mobile homes, used or previously erected structures. (0 Minimum Size: The main dwelling homesite shall contain not less than 1,400 square feet of enclosed habitable area on Lots 1 through 4 and 2,000 square feet on the remaining lots and any guest house shall contain no less than 400 square feet of enclosed habitable area. Section 7.19. Fences: All fences shall be constructed of treated wood or cedar posts with four (4) strands of smooth wire not exceeding 42' in height. No steel posts shall be used. Other types of fences may be permitted adjacent to buildings. An electric wire above such fence to control horses may be used. Section 7.20. Service Facilities. All clothes lines, storage tanks, equipment, service yards, wood piles and similar service facilities shall be screened by adequate plantings or fencing so as to conceal same from other Tots and streets and roads. Section 7.21. Ronne Access and Fencelines on the Eastern Lines of Lots 5 through 15. It is agreed and acknowledged that the fencelines installed along the eastern boundaries of Lots 5 through 15 are on lines of convenience to protect the springs arising easterly of such lots along with adjacent vegetation. The placement of said fences shall not be taken as evidence of the tete boundary line of each such lot and no claim of adverse possession or prescription shall arise because of such placement. No owner or other persons shall install or relocate any fence further east than the current fenceline. Spring access shall only be obtained from the Common Areas and due care shall be taken to protect the quality of water produced by each such spring and natural beneficial vegetation adjacent to each spring. No animals shall be kept in any manner in the vicinity of such spring on any such lot and no spring shall be used by any Owner for stock watering purposes on such Owner's Lot. Section 7.22. Maintenance of Landscaping. Each Owner shall keep the landscaping situate on his Lot in a neat and well maintained fashion, shall properly irrigate the lawns, pastures and other planting on such Lot and otherwise maintain the appearance of such Lot in a first class condition. In default of such maintenance, the Association shall be entitled to undertake such actions as are necessary to restore such landscaping and charge the Owner for same as a Default Assessment. Section 7.23. Continuity of Construction. All Improvements commenced on the Property shall be prosecuted diligently to completion and shall be complete within 12 months of commencement, unless an exception is granted in writing by the Committee. If any Improvement is commenced and construction is then abandoned for more than 90 days, or if 6- (24 1 6