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HomeMy WebLinkAbout01.0 ApplicationROBERT DELANEY (OF COUNSEL) KENNETH BALCOMB JOHN A. THULSON EDWARD MULHALL, JR. ROBERT C. CUTTER SCOTT BALCOMB LAWRENCE R. GREEN ROBERT M. NOONE TIMOTHY A. THULSON MARGARET O'DONNELL LORI J.M. SATTERFIELD DELANEY & BALCOMB, P. G. ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPRINGS, COLORADO 81602 February 2, 1994 Don DeFord Garfield County Attorney 109 8th Street, Suite 300 Glenwood Springs, CO 81601 RE: Westbank Filing No. 4 P.U.D. 818 COLORADO AVENUE TELEPHONE 945-6546 TELECOPIER 945-8902 AREA CODE 303 Dear Don: With regard to the above -entitled subdivision, please find enclosed copies of the following: 1. Articles of Incorporation of Westbank Mesa Homeowners Association, Inc.; 2. Bylaws of Westbank Mesa Homeowners Association, Inc.; 3. Declaration of Protective Covenants for Westbank rANCH P.U.D. Filing No. 4; 4. Amended Ruling of Referee in the matter of the application for water rights of Westbank Ranch No. 1 Ltd.; and 5. West Divide Water Conservancy District Water Allotment Contract. These documents are being forwarded to you as fulfillment of requirements numbered 2, 7, 10, 11 and 21 of Resolution 93-085 approving the preliminary plan of Westbank Filing No. 4 P.U.D. The enclosed are being forwarded to you for review purposes to facilitate an early approval of the final plat of the subdivision. The other requirements of Resolution 93-085 are now being prepared and will be forwarded to you in the near future. Very truly yours, DELANEY & BALCOMB, P.C. By JAT:sv Encs. cc: John Huebinger Larry Schmueser Jbhn A. Thulson ARTICLES OF INCORPORATION OF WESTBANK MESA HOMEOWNERS ASSOCIATION, INC. KNOW ALL MEN BY THESE PRESENTS that the undersigned natural person, more than 18 years of age, acting as an incorporator in order to organize and establish a corporation not for profit under and pursuant to the statutes of the State of Colorado, does hereby adopt the following Articles of Incorporation, to -wit: INC. ARTICLE I. NAME The name of the Corporation is WESTBANK MESA HOMEOWNERS ASSOCIATION, ARTICLE 1I. DURATION The period of duration of the Corporation shall be perpetual. ARTICLE III. PURPOSES AND POWERS The purposes for which the Corporation is organized and the powers which it shall possess are as follows: A. To protect and maintain the area known as WESTBANK RANCH P.U.D. FILING NO. 4 and located in Garfield County, Colorado as a desirable rural residential area and to do all things and perform all acts necessary or desirable in connection with said purpose. 1. To hold the title to any lands or interest in lands, including, but not limited to, common lands, green belt, roadways and any utilities deemed necessary or desirable by the Corporation. 2. To acquire and operate the domestic and irrigation water supply distribution systems which shall service Westbank Ranch P.U.D. Filing No. 4. 3. To lease, purchase, sell, convey and deal with lands, structures and improvements, all as may be necessary or desirable in carrying out the purposes of the Corporation. 4. To build, operate, improve, maintain and beautify roads, bridle paths, trails, bridges, utility lines and easements, common lands and other things of like nature. 5. To maintain all roadways, including snow removal. 6. To arrange for or provide any services necessary or desirable to promote and advance the general welfare of the residents of the area known as WESTBANK RANCH P.U.D. FILING NO 4 in Garfield County, Colorado. 7. To establish, maintain and enforce all necessary and reasonable rules and regulations concerning the use and maintenance of the facilities under its jurisdiction. 8. To charge and collect such fees, charges and assessments as may be set or charged by the Board of Directors of the Corporation in carrying out its functions hereunder and to create liens upon personal property for the purpose of enforcing the collection of such fees, charges and assessments, all to the end of carrying out the purposes and powers of the Corporation. 9. To exercise all of the powers authorized or granted to a corporation not for profit by the laws of the State of Colorado as now are in effect or may hereinafter be in effect. ARTICLE IV. MEMBERS The members of this Association shall be those persons or entities who own title in fee to a lot or tract within WESTBANK RANCH P.U.D. FILING NO. 4. There shall be one (1) regular membership in the Corporation for each lot or tract located therein, which regular membership shall be appurtenant to the fee simple title of each such lot or tract and shall automatically pass with the transfer of title. Each owner of a lot or tract shall be entitled to the benefits and be subject to the burdens relating to such membership. If fee simple title is held by more than one (1) person or entity, the regular membership appurtenant to that lot or tract shall be shared by all such persons or entities in the same proportionate interest and by the same type of ownership as fee simple title to the lot or tract is held. ARTICLE V. DIRECTORS A. The names and addresses of the persons who are to serve as directors of this Corporation until the first annual meeting of members and until their successors shall be elected and shall qualify are as follows: John Huebinger 0235 Oak Lane Glenwood Springs, CO 81601 2 Dolores Huebinger Larry Schmueser 0235 Oak Lane Glenwood Springs, CO 81601 7703 County Road 312 New Castle, CO 81647 B. The business, affairs and property of the Corporation shall be managed by a Board of Directors who shall be elected at the annual meetings of the members by plurality vote. Each director shall be elected to serve until the next succeeding annual meeting and until his successor shall be elected and shall qualify. C. The Board of Directors shall consist of from three (3) to five (5) persons as shall be determined by the Bylaws of the Corporation. D. Subsequent to the sale of all lots and tracts in WESTBANK RANCH P.U.D. FILING NO. 4 all directors must be lot or tract owners within the subdivision. E. Any vacancy occurring in the Board of Directors may be filled by the affirmative vote of a majority of the remaining directors. A director elected to fill a vacancy shall be elected from the unexpired term of his predecessor in office. ARTICLE VI. REGISTERED OFFICE AND AGENT The address of the initial registered office of this Corporation is 0235 Oak Lane, Glenwood Springs, CO 81601, and the initial registered agent at such office is John Huebinger. ARTICLE VH. INCORPORATOR The name and address of the incorporator of this Corporation is John Huebinger, 0235 Oak Lane, Glenwood Springs, CO 81601. ARTICLE VIII. DISSOLUTION This Corporation may be dissolved by fourth -fifths (4/5ths) of the votes entitled to be cast by its members and in accordance with the laws of the State of Colorado. Upon dissolution, the properties and assets of this Corporation shall be distributed to its members pro rata in the same proportion as the votes entitled to be cast by the members at the time of dissolution and in accordance with the laws of the State of Colorado. 3 IN WITNESS WHEREOF, the undersigned, being the incorporator designated in the annexed and foregoing Articles of Incorporation, for the purpose of organizing and establishing a corporation not for profit under and pursuant to the laws of the State of Colorado, executes these Articles of Incorporation aforesaid and declares that the statements therein contained are true and accordingly has hereunto set his hand this day of , 1994. JOHN HUEBINGER STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) 1, , a notary public in and for the County and State aforesaid, do hereby certify that John Huebinger, who is personally known to me to be the person whose name is subscribed in the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument in writing as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 1994. Address: My commission expires: 4 Notary Public DECLARATION OF PROTECTIVE COVENANTS FOR WESTBANK RANCH P.U.D. FILING NO. 4 WESTBANK MESA LIMITED PARTNERSHIP, a Colorado Limited Partnership, as the fee owner of WESTBANK RANCH P.U.D. FILING NO. 4 (Subdivision), desiring to insure the development and continuity of the Subdivision as a residential subdivision for itself, its successors, legal representatives, assigns and grantees, hereby declares to and for the benefit of all persons who may hereafter purchase and from time to time own lots in the Subdivision that said ownership and holding of said lots shall be subject to the following protective covenants and conditions, all of which shall be deemed to be appurtenant to and run with the land and inure to the benefit of and be binding upon the owners of said lots, their heirs, successors and assigns. ARTICLE I. PURPOSE OF COVENANTS It is the intention of the fee owner of Westbank Mesa Limited Partnership, expressed by the execution of this instrument, that the lands within the Subdivision be developed and maintained as a highly desirable rural residential area. It is the purpose of these covenants that the present natural beauty, natural growth and native setting and surroundings of the Subdivision always be protected insofar as is possible in connection with the uses and structures permitted by this instrument. ARTICLE II. DEFINITIONS A. SUBDIVISION. Whenever the term "Subdivision" is used in these covenants, it shall mean all the lands included in Westbank Ranch P.U.D. Filing No. 4, and as described on the plat filed for record with the Garfield County Clerk and Recorder as Reception No. . The Subdivision shall popularly be known as "Westbank Mesa Subdivision" and the homeowner's association shall be known by that name. B. RESIDENCE. The term "Residence" as used herein shall mean single family dwellings only and shall exclude apartment houses, condominiums and any dwelling place containing more than one (1) family unit, with the exception that a multi -family unit, not to exceed four (4) units (Fourplex), shall be allowed on Lot 63. C. RESIDENTIAL PURPOSE. The term "Residential Purpose" as used herein shall be construed and held to include the use of a residence as a home and principal dwelling place by the owner thereof. Rental of said unit shall be permissible if rented by a single family. D. FAMILY. The term "single family" shall mean a household composed of a husband and wife, children and other relatives, or any combination of a man or wife and children or other relatives, having natural or moral duties to care for one another. E. ASSOCIATION. The term "Association" shall mean the Westbank Mesa Homeowner's Association, Inc. The Association shall be a not-for-profit Colorado corporation formed for the purpose of operating the homeowner's association within the Subdivision. F. BOARD. The term "Board" shall mean the Board of Directors of the Association. ARTICLE III. MEMBERSHIP IN WESTBANK MESA HOMEOWNERS ASSOCIATION All persons or associations (other than the Association) who own or acquire the title in fee to any of the lands in the Subdivision shall automatically become members of the Association. ARTICLE IV. ARCHITECTURAL CONTROL A. PLAN SUBMITTALS. Before anyone shall commence the construction, remodeling, addition to, or alteration of any building, swimming pool, wall, fence or other structure whatsoever, on any lot, there shall be submitted to the Board two (2) complete sets of the plans and specifications for said work, and no such structure or improvement of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations and specifications therefor have received such written approval as herein provided. The plans and specifications shall be submitted to the Board and approval received from the Board prior to application for a building permit from Garfield County or other public entity having jurisdiction thereof. Such plans shall include plot plans showing the location on the lot or property of the wall, fence or other such structure proposed to be constructed, placed, altered or maintained, and elevation of same, together with the proposed color schemes for roofs and exteriors thereof, indicating materials for the same. The Board shall have the right to refuse to approve any such plans or specifications which are not suitable or desirable, in its opinion, for aesthetic or other reasons, and in so passing upon such plans and specifications, it shall have the right to take into consideration the suitability of the proposed building, structure or other improvement and the materials of which it is to be built, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned on the view -plane from the adjacent or neighboring property. All plan submittals shall meet the following criteria: 1. Minimum square footage of livable area shall be no less than eighteen hundred (1,800) square feet, with a ground footprint of no less than nine hundred (900) square feet, exclusive of garages, balconies and decks. 2. There shall be at least a double garage with a minimum of six hundred twenty-five (625) square feet. Either an attached garage or detached garage will be permissible. 2 3. Siding materials shall be stucco, brick, rock, wood, masonite siding and such other materials as approved by the Board. Roofing materials shall be fiberglass shingles, colored metal, or clay or concrete tile, the colors of said materials to be approved by the Board. 4. All residences shall be constructed within the envelope of the building site shown on the recorded plat of the Subdivision. 5. All sewage disposal systems and building foundations shall be designed by engineers licensed to practice in the State of Colorado. 6. Each residence shall install a water meter which shall be so located that it can be read and monitored without entering the residence. 7. Each residence shall install a pressure reducing valve in its water distribution system. B. METHOD OF APPROVAL. The Board shall approve or disapprove the plans and specifications in writing within thirty (30) days from the receipt thereof. One (1) set of said plans and specifications, with the approval or disapproval, shall be retained by the Board for a period of three (3) years. In the event no action is taken to approve or disapprove such plans and specifications within said thirty (30) day period, the provision requiring approval of said plans and specifications shall be deemed to have been waived. C. BOARD NOT LIABLE. The Board shall not be responsible to any person or entity in any manner whatsoever for any defect in any plans or specifications submitted or as revised by the Board, nor for any work done pursuant to the requested changes of said plans and specifications. ARTICLE V. ASSESSMENTS A. ASSESSMENTS. Each lot owner shall be obligated to pay any assessments duly imposed by the Association. To the extent the Association is responsible therefor, assessments may be duly levied for purposes necessary to promote the health, safety and welfare of the lot owners and residents of the Subdivision, including, but not limited to, payment of the expenses for maintaining, improving and snowplowing all private roads; payment of expenses for implementing, maintaining and improving the water system; implementing, maintaining and improving the domestic water and irrigation systems; the security system for common facilities; taxes, utility charges and insurance premiums applicable to the open space and common facilities; and all other costs of the operation of the Association and the performance of its various functions as set forth herein or required by law. Each owner of any lot, by acceptance of a deed therefor, whether or not it is so expressed in the deed, shall be deemed to covenant and agree with each other and with the Association to pay to the Association annual assessments for the 3 purposes set forth herein and any special assessments for capital improvements or other matters provided for herein. B. ANNUAL ASSESSMENTS. The total annual assessments against all lots shall be based upon advance estimates of cash requirements for the Association to provide for the payment of all estimated expenses arising from, or connected with, the functions of the Association as set forth herein and any other expenses or liabilities which may be regularly incurred by the Association for the benefit of the lot owners. C. SPECIAL ASSESSMENTS. In addition to the annual assessments authorized by this Article, the Association may levy a special assessment, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement, or for any other expense, including a capital expense, incurred or to be incurred as provided in these Protective Covenants or the Articles or Bylaws of the Association. Any such special assessment shall be paid in the same prorated manner as annual assessments. D. NOTICE OF ASSESSMENTS. The Association shall give written notice to each lot owner, sent to that owner's last known address as it appears on the records of the Association, as to the amount of any annual assessment with respect to his lot on or before twenty (20) days prior to the date upon which that assessment shall be due and payable. Failure of the Association to give timely notice of any assessment as provided herein shall not affect the liability of the lot owner for such assessment, but the date when payment shall become due in such case shall be deferred to a date twenty (20) days after such notice shall have been given. Except as otherwise determined by the Board, notice of special assessments shall be in accordance with the procedures set forth herein for annual assessments or in accordance with such other procedures as may be determined by the Board of Directors. E. ENFORCEMENT OF ASSESSMENTS. Any delinquent assessment may be enforced or collected in any one or combination of manners set forth in these Protective Covenants. The pursuit of any course of action as a means of collecting or enforcing an assessment shall not be deemed to waive the right of the Association to pursue any other method, either at the same time or subsequently. No owner may exempt himself from liability for his contribution toward any assessment by waiver of the use or enjoyment of any benefit of lot ownership of Association membership (including use of the domestic water system) or by abandonment of his lot. The Association, and it alone, shall be charged with the responsibility of collecting and enforcing any delinquent assessment and, regardless of the means it employs to do so, the lot owner or other person charged with responsibility for any assessment shall pay the attorney's fees and costs incurred by the Association in collecting and enforcing the assessment. F. PERSONAL OBLIGATION OF LOT OWNER AND PURCHASER. All sums assessed by the Association, together with interest, attorney's fees and costs, shall constitute a lien on the lot assessed, which lien shall be superior and prior to all other liens and encumbrances, excepting only: 4 1. tax and special assessment liens on the lot in favor of any governmental assessing entity; and 2. all sums unpaid on any first mortgage or deed of trust of record, including any unpaid advances as may be provided for in such instrument. To evidence such a lien, the Board or the Association shall prepare a written notice setting forth the amount of the unpaid indebtedness, the name of the owner of the lot and the lot's legal description. Such notice shall be signed by an officer of the Association and shall be recorded in the office of the Garfield County Clerk and Recorder. Such lien may be enforced by foreclosure of the defaulting owner's lot by the Association in the same manner in which mortgages on real property may be foreclosed in Colorado. The lot owner shall be required to pay the Association any assessments against the lot which become due during the period of foreclosure and these shall be automatically included in the amount of the lien. The Association shall have the power to bid on the lot at the foreclosure sale and to acquire and hold, convey, lease, encumber, use or otherwise deal with the lot. The Association shall, upon written request, deliver written notice to any encumbrancer of any lot concerning the amount of any unpaid assessment remaining unpaid for longer than twenty (20) days after it became due. Any recorded lien for nonpayment of an assessment or other charge may be released by the Association's recording a release of lien in the office of the Garfield County Clerk and Recorder. ARTICLE VI. GENERAL RESTRICTIONS ON USE A. ZONING REGULATIONS. No lands within the Subdivision shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the applicable zoning regulations of Garfield County, Colorado. B. BUSINESS, COMMERCIAL OR TRADE USES. No lands in the Subdivision shall ever be occupied or used for any commercial, business or trade purpose and nothing shall be done on any of said lands which is a nuisance or might become a nuisance to the owner or owners of said lands, with the exception, however, that the use of a portion of the lands for sale of lots by the Declarant shall be permitted. Use of a residence for a business purpose shall be authorized provided such use is non -observable from other lots, does not generate any vehicular traffic or noise and does not alter the premises in any fashion. C. ANIMALS AND AGRICULTURE. Residents may keep dogs, cats or other animals which are bona fide household pets on lands within the Subdivision, so long as such pets are not kept for commercial purposes and do not make objectional noises or otherwise constitute a nuisance or inconvenience to any of the residents of the Subdivision. No cattle, sheep, goats, pigs, poultry or other livestock shall be kept or maintained on any lot. No lands shall be used for agricultural purposes except for normal residential gardening of flowers, fruits and vegetables. Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board. No farm or ranch animals shall be permitted to be boarded within the Subdivision. A lot owner shall be entitled to keep a 5 maximum of two (2) mature dogs on his property. A mature dog shall be considered to be any dog older than four (4) months. Dogs shall be kept under the control of the owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the lot owned by the persons where the dog is housed unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, "electric fenced," kenneled or housed at all times. Metal fencing will be allowed for the purposes of kenneling dogs. Location of kennels shall be subject to review of the Board. The Board shall have the right to assess and enforce penalties against owners violating these restrictions applying to dogs as follows: 1. One Hundred Dollars ($100.00) for the first violation committed by an owner's dog; 2. One Hundred Dollars ($100.00), plus an additional Fifty Dollars ($50.00) for each subsequent violation, such that the fine increases in Fifty Dollar ($50.00) increments for each succeeding violation. Should any dog be caught chasing or molesting deer, elk, poultry or any domestic animals, the Board shall be authorized to prohibit the lot owner from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other lot owners' domestic animals. Areas where a lot owner keeps any animals shall be kept clean and free of refuse, insects and waste at all times. No commercial animal breeding activities of any kinds shall be permitted within the Subdivision. Notwithstanding the foregoing, no animal(s) may be kept within a lot or the residence which, in the good faith judgment of the Board, results in any annoyance or is obnoxious to residents in the vicinity or to lot owners within the Subdivision. Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board. D. SIGNS. No advertising or signs of any character shall be erected, placed, permitted or maintained on any lot or structure within the Subdivision other than one (1) "For Sale" or "For Rent" sign not to exceed three (3) feet by six (6) feet in size approved by the Board and a name plate and street number of the occupant. E. RESUBDIVISION. No lot described in the plat of the Subdivision shall ever be resubdivided into smaller lots or tracts, nor conveyed or encumbered in any less than the full original dimensions as shown on said recorded plat. F. SERVICE YARDS AND TRASH. Each residence must maintain an enclosed service yard of sufficient size to conceal garbage cans, clothes lines, wood piles and storage piles from lots, roads and all common areas within or adjacent to the Subdivision. No above ground oil, gas or water tanks shall be permitted on any lot. G. UNDERGROUND UTILITY LINES. All utility pipes and lines within the limits of the Subdivision must be buried underground and may not be carried on overhead poles nor above the surface of the ground. All such services must be buried underground from the point 6 where said utilities take off from transformers and terminal points supplied by the developer. Existing overhead power lines now in place are excepted. H. CONSTRUCTION OF DWELLING HOUSE. All construction and alteration work shall be prosecuted diligently, and each building, structure or improvement which is commenced on any residential lot shall be completed within twelve (12) months from the commencement of construction. No persons may live in or use as a dwelling place a partially constructed building. In the event of a breach of this covenant, the Declarant and/or the Association shall have the right to complete construction of any uncompleted building, structure and improvement at the cost and expense of the Owner, which cost and expense shall become a lien against the property the same as a lien for assessments and which may be enforced as a lien for assessments. I. TEMPORARY STRUCTURES. No temporary house, trailer, tent, garage or outbuilding shall be placed or erected upon any part of any lot in the Subdivision; provided, however, that during the actual construction of any improvement on any lot, a necessary temporary building for the storage of materials may be erected and maintained by the person doing the construction. J. TOWERS AND ANTENNAS. No towers or radio and television antennas shall be erected or permitted to remain on any residential lot within the Subdivision except that normal radio and television antennas attached to a dwelling house may project up to six (6) feet above the highest point of the roof of the structure. Satellite dishes shall be permitted as approved by the Board. K. EXTERIOR LIGHTING. All exterior lighting and light standards on residential lots shall be approved by the Board for harmonious development and the prevention of lighting nuisance to other residents of the Subdivision. L. GARBAGE DISPOSAL AND SANITARY SYSTEMS. All sewage disposal systems or sanitary systems shall be designed by an engineer licensed to practice in the State of Colorado and shall not be constructed or used on any Lot unless fully approved as to design, capacity, location and construction by all proper public health agencies of the State of Colorado and the County of Garfield. M. SET BACK RESTRICTIONS. Every building, structure or other improvement, other than fences, terraces and steps, shall be located within the building envelope shown on the recorded plat of the Subdivision. Placement of any and all structures on lots within the building envelope must be approved by the Board prior to the commencement of construction. N. WALLS AND FENCES. Walls and fences shall be limited to six (6) feet in height measured from the adjoining ground surface inside the wall or fence. No chain link fences shall be permitted, except for kennels. O. CLEANLINESS AND UNSIGHTLY GROWTH. Each lot shall at all times be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain 7 exposed on any lot so as to be visible to any neighboring lot or road. Each lot shall be limited to a maximum of irrigated lawn area as shall be specified in an agreement to be entered into between the developer, Westbank Mesa Limited Partnership, and Garfield County, Colorado. P. FIREPLACES AND STOVES. No open hearth, solid fuel devices will be allowed anywhere within the Subdivision. All dwelling units will be allowed an unrestricted number of natural gas burning fireplaces or appliances. All dwelling units will be allowed one (1) new woodburning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder. ARTICLE VII. ROADWAYS All roadways within the Subdivision shall be private. The Association shall maintain all such roadways, including snow removal. ARTICLE VIII. EASEMENTS RESERVED Easements and rights of way in perpetuity are hereby reserved for the erection, construction, maintenance and operation of wires, cables, pipes, irrigation ditches (in addition to any irrigation ditches which now exist in place), conduits and apparatus of the transmission of electrical current, telephone, television and radio lines and for the furnishing of water and gas in the street or for the furnishing of other utility purposes, together with the right of entry for the purpose of installing, maintaining and improving said utilities along, across, upon and through a strip of land ten (10) feet in width along the rear and side lot lines of all lots in the Subdivision. All easements of record and areas designated "Green Belt Area" or "Common Area" on plats of the Subdivision, as finally recorded, are hereby reserved for the common use of the owners of lots within the Subdivision for recreational purposes or such purposes as may be determined by the Association. ARTICLE IX. ENFORCEMENT A. JUDICIAL RELIEF. Any violation of the provisions, conditions or restrictions contained herein shall authorize the Declarant, the Association or any lot owner to apply to any court of law or equity having jurisdiction thereof for an injunction or proper relief in order to enforce the same. No delay on the part of the Declarant or any other person in the exercising of any right, power or remedy contained herein shall be construed as a waiver thereof or an acquiescence therein. Various rights and remedies of all persons hereunder shall be cumulative and the Declarant, the Association or any lot owner may use any or all of said rights without in any way affecting the ability of the Declarant, the Association of any lot owner to use or rely 8 upon or enforce any other right. Any lot owner found by a court to have violated these covenants shall be liable to the prosecuting party for all costs, including attorney fees. B. DECLARANT'S RIGHT TO REMEDY VIOLATIONS. If the owner of any lot shall default in the performance of any covenant or condition hereof or shall violate any of the covenants or rules herein contained, the Declarant or the Association may, after thirty (30) days notice to said owner, or without notice if in the opinion of the Declarant or Association an emergency exists, perform such covenant or condition or remedy such violation for the account and at the expense of the said owner. If the Declarant or Association shall incur any expense, including reasonable attorneys' fees in instituting, prosecuting (including an action against an owner for default or violation), or defending any action or proceeding instituted by reason of any default or violation, said expenses shall be included and added to any judgment made or given to the Declarant or Association. ARTICLE X. GENERAL PROVISIONS A. COVENANTS TO RUN WITH LAND. All the restrictions and covenants contained herein shall constitute covenants running with the land as to all of the lands within the Subdivision. It shall continue to be binding upon the owners of said lands and in all persons claiming by, through or under said owner for a period of twenty-one (21) years from the date this document is filed for record with the Clerk and Recorder of Garfield County, Colorado; provided, however, that the owners of seventy-five percent (75%) of the lots in the Subdivision may release all of the lots hereby restricted from any one or all of these restrictions by executing and acknowledging an appropriate instrument in writing for said purpose and filing the same for record with the Clerk and Recorder of Garfield County, Colorado, in the manner then required for the recording of land instruments. B. BENEFIT OF ALL. The provisions contained herein are for the benefit of and shall be binding upon the Declarant and the purchasers and subsequent owners of each of said lots. Each purchaser of lots included within this Declaration, by acceptance of a deed to same, shall be subject to each and all of the restrictions, conditions, covenants and agreements contained herein and to the jurisdiction, right and power of the Declarant. By acceptance hereof by each owner, such owner shall for himself, his heirs, personal representatives, successors and assigns, covenant and agree and consent to and with the grantees and subsequent owners of each of said lots, to keep, observe, comply with and perform said restrictions, covenants, conditions and agreements contained herein. C. VARIANCES. The Declarant hereby reserves the right to grant a reasonable variance or adjustment of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these restrictions. 9 D. SEVERABILITY. In the event any one or more of the provisions, conditions, restrictions or covenants contained herein shall be held by any court of competent jurisdiction to be null and void, all remaining restrictions and covenants herein set forth shall remain in full force and effect. Dated this STATE OF COLORADO COUNTY OF GARFIELD day of , 1994. ) ss. WESTBANK MESA LIMITED PARTNERSHIP By: D. V. DEVELOPMENT CO., INC. General Partner By: John Huebinger, President The foregoing instrument was subscribed and sworn to before me this day of , 1994, by John Huebinger as President of D. V. Development Co., Inc., the General Partner of Westbank Mesa Limited Partnership. Witness my hand and official seal. Address: My commission expires: 10 Notary Public BYLAWS OF WESTBANK MESA HOMEOWNERS ASSOCIATION, INC. ARTICLE I. OFFICES The principal office of the Corporation shall be at 0235 Oak Lane, Glenwood Springs, Colorado 81601. The Corporation may also have one (1) or more office at such other place or places within or without the State of Colorado as the Board of Directors may from time to time determine or the business of the Corporation may require. ARTICLE II. MEMBERS' MEETINGS A. Meetings of members shall be held at the principal office of the Corporation or at such other place or places, within or without the State of Colorado, as may be from time to time determined by the Board of Directors. The place at which such meetings shall be held shall be stated in the notice of the meetings. B. The annual meetings of members, after the year 199_, for the election of directors to succeed those whose terms expire and for the transaction of such other business as may come before the meeting shall be held in each year on the second Saturday in February. If the day so fixed for such annual meeting shall be a legal holiday, then such meeting shall be held on the next succeeding business day. C. Special meetings of members for any purpose or purposes may be called at any time by the Board of Directors and shall be called by the chairman of the Board of Directors or the secretary upon the request of the holders of not less than one-half (1/2) of the total members' vote in the Corporation entitled to vote at the meeting. The purposes of such special meeting shall be stated in the notice therefor. D. Notice of each meeting of members, whether annual or special, shall be given, not less than ten (10) days nor more than fifty (50) days prior thereto, to each member of record entitled to vote thereat by delivering written or printed notice thereof to each member personally or by mailing the same to his address as it appears on the books of the Corporation. The notice of all meetings shall state the place, day and hour thereof. E. At least ten (10) days before every meeting of members a complete list of members entitled to vote thereat, arranged in alphabetical order, showing the address of each member and the number of votes to which each is entitled, shall be prepared by the secretary of the Corporation and shall be open to the inspection of any member during usual business hours for a period of at least ten (10) days prior to such meeting at the principal office of the Corporation. Such list shall be produced and kept at the time and place of the meeting during the whole time thereof and shall be subject to the inspection of any member who is present. F. Members of this Corporation shall have the right to vote the election of the directors of the Corporation and upon all other matters properly brought to a vote of the members by virtue of the Articles of Incorporation, the Bylaws of the Corporation or the laws of Colorado. There shall be two (2) classes of membership: 1. Class A which shall consist of each owner of a Lot; and 2. Class B which shall consist of the developer, Westbank Mesa Ltd. Partnership, or its successor in the event the developer transfers its ownership in Westbank Ranch P.U.D. Filing No. 4 in bulk Each Class A member shall have one (1) vote for each Lot owned and the Class B member shall have three (3) votes for each Lot owned. If fee simple title is held by more than one (1) person or entity, the owners shall determine how the one (1) vote attributable to that lot or tract shall be cast. G. The cumulative system of voting shall not be used for any purpose. Each member shall be entitled to vote in person or by proxy executed in writing by such member or by his duly authorized attorney in fact; provided, however, that no such proxy shall be valid after eleven (11) months from the date of its execution, unless the proxy provides for a longer period. When a quorum is present at any meeting, the vote of a majority of the members' votes present in person or represented by proxy shall decide any question brought before such meeting, unless the question is one upon which, by the express provisions of the laws of Colorado, the Articles of Incorporation, or the Protective Covenants for the subdivision, a different vote is required, in which case the express provisions shall govern and control the decision of such question. H. The Board of Directors shall close the membership transfer books of the Corporation for a period of not less than ten (10) days nor more than fifty (50) days preceding the date of any meeting of members. I. The holders of a majority of the total members' votes entitled to vote thereat, present in person or represented by proxy, shall be requisite to and shall constitute a quorum at all meetings of members for the transaction of business, except as otherwise expressly provided by law or by the Articles of Incorporation. If such quorum shall not be present or represented at any such meeting, the holders of a majority of the votes present in person or represented by proxy and entitled to vote thereat shall have power to adjourn the meeting from time to time until a quorum shall be present or represented. J. The chairman of the Board of Directors shall call meetings of members to order and act as chairman of such meetings. In the absence of said officer, any member entitled to vote thereat, or any proxy of any such member, may call the meeting to order and a chairman shall be elected. The secretary of the Corporation shall act as secretary of such meetings. ARTICLE III. DIRECTORS A. After each annual election of directors, the Board of Directors shall meet for the purpose of organization, the election of officers and the transaction of any other business. 2 B. Regular meetings of the Board of Directors may be held without notice at such time and place as shall from time to time be determined by the Board. C. Special meetings of the Board of Directors may be called by the chairman of the Board of Directors on five (5) days' notice to each director, either personally, by mail or by telegram, and shall be called by the chairman of the Board of Directors or secretary in like manner and on like notice on the written request of any two (2) directors. D. Meetings, including organizational meetings, of the Board of Directors may be held at such place or places either within or without the State of Colorado as shall from time to time be determined by the Board, or as shall be fixed by the Chairman of the Board of Directors and designated in the notice of the meeting. E. Actions taken by the Board of Directors without a meeting and attendance at meetings by telephone or similar communication equipment shall be authorized as provided in C.R.S. 7-5-108. F. A majority of the number of directors shall constitute a quorum at all meetings of the Board of Directors, and 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. In the absence of a quorum at any meeting, a majority of the directors present may adjourn the meeting to a later day and hour without further notice. G. Directors shall be paid no compensation by the Corporation for their services. All directors may be allowed expenses incurred for attendance at each regular or special meeting of the Board as may be from time to time fixed by resolution 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. ARTICLE IV. OFFICERS A. The Board of Directors annually shall elect a chairman of the Board of Directors, a secretary and a treasurer. The Board may also elect or appoint such other officers as may be determined by the Board. Every officer so elected or appointed shall continue in office until his successor shall be elected or appointed and shall qualify, unless sooner removed. Any individual, except the chairman of the Board of Directors, may hold two (2) or more offices simultaneously. Any officer elected or appointed by the Board of Directors may be removed at any time by an affirmative vote of a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. B. The chairman of the Board of Directors shall be the chief executive officer of the Corporation. He shall preside at all meetings of the members and directors, shall have general and active management of the operation of the Corporation, and shall see that all orders and resolutions of the Board of Directors are carried into effect. C. The secretary shall give, or cause to be given, notice of all meetings of the members and directors and shall attend all such meetings and keep a record of their proceedings. 3 The secretary shall be the custodian of the seal of the Corporation and shall have power to affix the same to all documents, the execution of which on behalf of the Corporation is authorized by these Bylaws, by the Articles of Incorporation, or by the Board of Directors. The secretary shall have charge of membership records of the Corporation and shall in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to the secretary by the Board of Directors or the chairman of the Board of Directors. D. The treasurer shall have charge and custody of and be responsible for all funds and securities of the Corporation and shall deposit all such funds in the name of the Corporation in such banks or other depositories as shall be selected by the Board of Directors. The treasurer shall collect and receive and give receipts for all monies or securities belonging to the Corporation. In general, the treasurer shall perform all the duties incident to the office of treasurer and such other duties as from time to time may be assigned to the treasurer by the Board of Directors or by the chairman of the Board of Directors. ARTICLE V. ASSESSMENTS A. Assessments may be levied by the Corporation upon the members of the Corporation, by vote of the Board of Directors, for the purpose of funding any of the activities of the Corporation which shall include, but not be limited to: payment of taxes on real and personal property; interest on monies borrowed; road and easement construction, surfacing, maintenance and snow removal; operation and maintenance of the domestic water and irrigation water systems; operation and maintenance of the common lands and green belt areas; legal and accounting fees; managerial salaries; and any and all expenditures needed or required for the operation of the Corporation affairs. B. Except as provided in the Protective Covenants for assessments for road maintenance, assessments shall be levied pro rata on each lot and tract in the subdivision. The total sum to be levied on all members shall be divided by the total lots and tracts owned in fee by all members. The resulting amount shall be levied upon each lot and tract. All assessments shall be payable within thirty (30) days of date of posting of notice thereof to each lot and tract owner. Assessments for road maintenance shall be as set forth in the Protective Covenants. C. Every assessment duly levied against any member by the Corporation shall become a lien on the lands and improvements to lands owned by such member in the subdivision and shall be entitled to foreclose the lien the same as if it were a mortgage. Foreclosure shall be as provided for foreclosure of a mortgage pursuant to Colorado statutes. The Corporation shall also be entitled to maintain an action in the District Court in and for the County of Grand and State of Colorado for the purpose of recovering any unpaid assessments made against any member. Upon the request of any member, the Board of Directors shall execute and deliver an agreement subordinating the lien provided for in this paragraph to the lien of any first mortgage or deed of trust on the real property and improvements owned by the member in the subdivision. The Board of Directors may, in its discretion, also subordinate the lien provided for in this paragraph to any second or subsequent mortgage or deed of trust. 4 ARTICLE VI. ROADS A. The roads in the subdivision designated "private" on the plat thereof recorded in the office of the Clerk and Recorder of Garfield County, Colorado, as Reception No. shall be conveyed to and owned by the lot and tract owners in the subdivision, but shall be managed, maintained and controlled by the Corporation. B. The Corporation may, from time to time, adopt rules and regulations governing the use of the roads, including establishing traffic control, speeds, parking and otherwise managing the same in the same fashion as a municipality. C. Use fees and charges for maintenance of the roads and snow removal therefrom shall be as from time to time established in the Protective Covenants for the subdivision and in the rules and regulations adopted as above authorized. ARTICLE VII. INDEMNIFICATION The Corporation shall indemnify any and all of its directors or officers, or former directors or officers, against expenses actually incurred by them in connection with the defense of any action, suit or proceeding in which they or any of them are made parties or party by reason of being or having been directors or officers or a director or officer of the Corporation, except in relation to matters as to which any such director or officer, or former director or officer, shall be adjudged in such action, suit or proceeding to be liable for gross negligence or misconduct in the performance of duty. Such indemnification shall not be deemed exclusive of any other rights to which those indemnified may be entitled under any bylaw, agreement, vote of members or otherwise. ARTICLE VIII. AMENDMENTS This Corporation reserves the right to amend, alter, change or repeal any provisions contained in, or to add any provisions to, its Articles of Incorporation or its Bylaws from time to time by resolution adopted at any regular or special meeting by three-fourths (3/4ths) of the votes of all of the members entitled to be cast thereat, whether present in person or represented by proxy or absent. ADOPTED by the Board of Directors of the Westbank Mesa Homeowners Association, Inc. Attest: President Secretary 5 WESTBANK RANCH Homeowners Association P.O.Box 2703 Glenwood Springs, CO 81602 Date: July 10, 1995 County Commissioners Garfield County, CO 109 8th Street Glenwood Springs, CO 81601 Dear Sirs: The Board of Directors of the Westbank Homeowners Association is concerned over the future of the road cut leading up to the new housing development (Filing five). We have been receiving pressure from the existing homeowners in this community over the apparent lack of effort to revegetate the adjacent areas to the lead-in road. This project has become an eye -sore and there are fears that what you see, is what you get Fortunately, any green that you do see can be attributed to our unusual wet weather. If nothing else is done, we anticipate that the previous minimal attempts to vegetate will not be evident in a year or two. We have recently learned, that nature will bring a construction area back to original growth and vegetation. The problem is, in this climate, it takes at least 125 years. We have been working with David Michaelson in the planning office on this and other projects. He has some pertinent data that you should be aware of. The Board of Directors and the other 225 eligible voters in this community are looking toward the Commissioners for pressure and,help in compliance of the revegetation requirement. You can count on us to work with you to resolve this issue. Richard C. Weinberg Secretary, WBHOA D. Michaelson, Planning Dept. DELANEY & BALCOMB, P. C. ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPBINOS, COLORADO 81602 ROBERT DELANEY (OF COUNSEL) KENNETH BALCOMB JOHN A. THULSON EDWARD MULHALL, JR. ROBERT C. CUTTER SCOTT BALCOMB LAWRENCE R. GREEN ROBERT M. NOONE TIMOTHY A. THULSON MARGARET O'DONNELL LORI J.M. SATTERFIELD Don DeFord Garfield County Attorney Glenwood Springs, CO (Hand Delivered) April 13, 1994 RE: Westbank Ranch 818 COLORADO AVENUE TELEPHONE 945-6546 TELECOPIER 945-8902 AREA CODE 303 Dear Don: Enclosed are copies of the following documents: 1. Well Permit No. 043240-F issued to Westbank Ranch #1 Ltd. 2. Proposed Resolution concerning the vacation of public ways upon a plat of Westbank Ranch Planned Unit Development, Filing No. 4. 3. Proposed Subdivision Improvements Agreement for Westbank Ranch Limited Partnership. Very truly yours, DELANEY & BAL OMB, P.C. By JAT:sv Encs. cc: John Huebinger John . Thulson WATER RES. TEL:303-366-3589 Feb 25 • . .v... V. 11 J. V len 11-. Llvt]rlvlt�n GWS -25 COLORADO DIVISION OF WATER RESOURCES Ote Centunnlal Bldg., 1313 Sherman St, Denver, Colorado x0203 (3o.) Wa-3581 APPLICANT 94 12:03 No.012 P.02 LIC WELL PERMIT NUMBER 043240 DIV. 5 CNTY. 23 WO 38 DES. BASIN MD Lot: 59 Block: Filing: 4 Subdiv: WESTBANK WESTBANK RANCH #1 LTD 0235 OAK LANE GLENWOOD SPGS CO 81601 ( 303)345-6100 PERMIT TO USE AN EXISTING WELL P ROVED WELL L -OC TION GARFIELD COUNTY SW 1/4 NW 1/4 Section 1 Twp 7 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 1520 Ft. from North Section Line 315 Ft. from West Section Lino ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONf)mONs OF APPROVAL 1) This well shall bo used In such a way as to cause no matorlai Injury to oxisting wator righto. The issuance of the permit does not assure tho applicant that no Injury will occur to another vestoa water right or proclude another owner of a vested water right from sooking roller In a civil court action. 2) The construction of this well shall bo In complianco with the Water Well Construction and Pump Installation Rules 2 CCR 402.2, unless approval of a variance has boon granted by Ma State Board of Examiners of Wator Woll Construction and Pump InstallatIon Contractors In accordenCe with Rule 17. 3) Approved pursuant to CRS 3730.137(2) on the condttlon that the well be operated In accordance with (ho Westbank Ranch No. 1 LTD. and Westbank Ranch Homeowner's Association Augmentation Plan approved by the DIvision 5 Wator Court In case no. 93CW104. If the well Is not oporatod In accordanco with the terms of said decree, It will be subject to administration Including orders to Cease diverling water. 4) Approved for the use of an existing well, constructed es a monttcring holo undor file no. MH•21545. 5) The use of ground water from this well Is Ilmhed to providing a domestic water supply for 100 single tamity dwollrngs, fire protection, and the Irrigation of not more than 5.74 acres of home lawns and gardens (Approximately 2,500 square feet of lawns and gardens per dwelling). 6) Tho maximum pumping rate shall not exceed e0 GPM. The simuhaneous mexlmum pumping rate of this wolf and all other wells Operating under thls plan for augmentation shall not exceed 112.5 GPM. 7) The annual amount of ground water 10 be withdrawn shall not exceed 40 acre-feet The combined average annual amount 01 ground water to be appropriated by this well and all other wells operating under this plan for augmentation shall not exceed 60 acre-feot. 8) The return flow from the use of tho well must be through waste water disposal systems of the non•evaporative type whore the water Is roturned to tho name stream system In which 111u well Is located. 9) A totalizing flow meter must be installed on thls ,:all and maintained In good working order. Permanent rocords of all diverslons must be maintained by the well ownor (recorded at least annually) and submitted to the Division Engineer upon request. 10) This well shall be constructed not more than 200 feel from the location spectfled on this permit, and more than 600 feet from any existing well, 11) The owner shall mark the woll In a conspicuous piaco with wall permlt numbor(s), name of the oqulfor, and cowl ca1:u number(s) au opproprlato. Tho owner shalt take nocosr;ary meano and precautions to prosorvo these markings. 11 APPROVED JD2 Qtrt. Engine. IRocelpt No. 0363230 DATE ISSUED F E B 1994 FXPIRATION DATE FE 13 2 5 1995 RESOLUTION NO. A RESOLUTION CONCERNED WITH THE VACATION OF PUBLIC WAYS UPON PLAT OF WESTBANK RANCH PLANNED UNIT DEVELOPMENT, FILING NO. 4 WHEREAS, Westbank Ranch Planned Unit Development Filing No. 4 was recorded in the office of the Clerk and Recorder of Garfield County, Colorado on November 30, 1981, as Reception No. 334810 (Original Plat); WHEREAS, a plat of the same property, the subject of the Original Plat, was this day approved by this Board and is entitled "Westbank Ranch Planned Unit Development Filing No. 4 Resubdivision" (Second Plat); WHEREAS, it is necessary that all roadways, easements and other public ways shown upon the Original Plat which differ from or are inconsistent with the public dedications shown on the Second Plat be vacated; WHEREAS, the vacation of the roadways, easements and other public ways shown upon the original plat will not leave any land adjoining said roadway without an established public road or private access easement connecting said land with another established public road; WHEREAS, the vacation of the roadways, easements and other public ways shown upon the original plat will not bar or block access to public domain; WHEREAS, the health, safety and welfare of the citizens of Garfield County will not be impaired by the vacation of the roadways, easements and other public ways shown upon the original plat; NOW, THEREFORE, BE IT RESOLVED that all roadways, easements and other public ways shown on the Original Plat which differ from or are inconsistent with the public dedications shown upon the Second Plat, be and the same hereby are vacated. Dated this day of May, 1994. Attest: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By County Clerk Chairman TO: Mark Bean Garfield Building & Plan FR: David K.Gallagher RE: WEST BANK RE -VEGETATION REPORT GARFIELD COUNTY WEED AND PEST 109 8th Street, Suite 307 Bus: (303) 945-7437 Glenwood Springs, CO 81601-3303 October 4,1995 The above area was scouted and plant inventory recorded on September 21,1995. The following is a report of re -seeded grasses. I divided the area by UPPER a AND LOWER '-z. The UPPER z ave- raged three [3+] grass plants per square foot. The LOWER 2 averaged five [5] grass plants per square foot. Predominate species is Creasted and Intermediate wheatgrass. Brome and Pubescent wheatgrass is also represented. Both UPPER and LOWER grass stands were in advanced stages and shattering seeds that will be 1996 seedlings. Undesirable plants in both areas are few except in bottom six [6] feet near road. In summary, the steep banks will continue to improve with the present grass varieties provided irrigation is provided. In the bottom bowl area where gravel and disturbed soil is present, the most serious problems exist. The following is the plant inventory for that area. Yellow Sweetclover White Sweetclover Canada Thistle * Rabbit Brush Prickly Lettuce Curlycup Gumweed Russian Thistle Kochia Common Mullein * Curly Dock * Redroot Pigweed Russian Knapweed Plumless Thistle * Musk Thistle * Common Mallow * Prostrate Pigweed Prostrate Fi-gwe,ed Downy Brome (303) 625-5571 All species are well represented. Perennial and Biennial species are denoted with a star, and are appropiate for fall control. Erosion control methods at time of re -vegetation appear to be working adequately. CC to BOCC �- (1/2 WEED & PEST MANAGEMENT = AESTHETICS•SAFETY•WEED CONTROL• ECONOMICS Revegetafion Plan for Lie West Ban September 18, 1996 Prepared for 'eat Bank, Inc. by R©ar, A.B. Milagro Ludscapes & Kalamai* Loitcapes With Indy bib Mkt Cut REVEGETATION PLAN FOR THE WEST BANK ROAD CUT, GLENWOOD SPRINGS, CO Objectives To provide perennial vegetative cover with seasonal visual value for the nearly six acres of disturbed ground accessing the West Bank residential community. To reclaim the said road cut largely with native plant species (74% composition) and xeric - adapted non-native species capable of fixing nitrogen (26% composition). Project Timeline Soil preparation, fertilization, and first year transplanting to commence in Fall 1995. Bare root tree, shrub, and bunchgrass plug planting to continue Spring 1996. Fertilization and interseeding of wildflowers and forbs to continue Fall 1996. Evaluation of the recovery process on-going throughout the effort. Final evaluation Fall 1997. Site Description Precis The West Bank road, named Huebinger Drive, cuts through sandy clay soils atop 3-5 inch river rock deposits. The rough, rocky soil is extremely alkaline, measuring pH > 8.0, and has 2.1% organic matter in the adjacent undisturbed areas. The soils on the slopes to be reclaimed are nearly void of organics (.4-.6%). There is a deficit of zinc in the soil make-up. The gradient of the N -NE facing slopes, representing about 5-1/2 acres, is roughly 2:1. The cut slopes above the road show sparse growth, only in the dozer cleat marks. Of the fill slopes below the road, only the eastern half shows any vegetative recovery, probably because of the higher organic content of the fill soil there (1.7%), which was the topsoil dragged down from the cut above. Finally a N -NW facing hillside facing a large ravine has a slope of roughly 3:1, has an organic make-up of .4%, and shows the least amount of revegetation reflected by stunted grasses surviving only in one -inch deep cracks. Overall the road cut is undergoing erosion and sloughing on all slopes, and the first inch of the soil is crusted and prohibitive to root formation. The undisturbed plant community is pinyon pine -Rocky Mountain juniper woodland and its associates at 6300 feet (1900 m). Big sage, rabbitbrush, serviceberry, and gambel oak dominate the drier slopes. The predominate native grasses are ricegrass and needle -and -thread bunch grasses. This foothills area of the Roaring Fork is notable winter range for deer and elk, and shows evidence of game traffic on the slopes throughout the year. The area's plant diversity and proximity to the river make it preferred habitat for various avian and non -game wildlife as well. Page 2 Treatment History A composite of several grasses and several clovers and alfalfa was seeded upon the soil surface graded by a Caterpillar dozer. A rotating head irrigation system was installed to cover the cut slopes above the road. The fill slopes below were not irrigated. Spring 1995 Hydroseed and hydromulch with wood fiber. Fall 1994 Hydroseed and hydromulch with wood fiber. Fall 1993 Hydroseed and hydromulch with wood fiber. Recommended Treatment H.B. Milagro strongly recommends that the soil surface be disencrusted with a small mechanical imprinter to allow for root penetration and maximize water catchment, reducing the potential for erosion and seed loss, and greatly improving the germination and establishment of the seed. The imprinter is to be winched from bottom to top of the slopes with an industrial winch and a block and tackle, thereby reducing traffic on the hillsides. The imprinter may not be used on the steepest face below the water tank. Please see Attachment I. H.B. Milagro prescribes a high N and P fertilizer program annually, to be spread just prior to the first snow in the fall or in the early spring before typical green -up. A microbes -organics mixture is also recommended at the time of fertilization. Alternatively, zinc should be added to the fertilizer as a minimum. H. B. Milagro recommends broadcast seeding over hydroseeding wherever possible. Hydro - seeding washes the rhizobium innoculant from the legume seeds in the mixture, dismantling the nitrogen -fixing sequence. Hydroseeding also mechanically damages an estimated 25% of the seed, requiring greater seed quantities to compensate for the reduction in survivorship and germination potential. We suggest a seed mixture containing several native grass species with both bunch and sod - forming habits to anchor the sandy soils, Included will be clovers, alfalfa, several native evergreen shrubs, a native shrub adapted to rocky substrates, and a native milkvetch to be evaluated for its value in land reclamation. For the steepest west facing slope, we recommend hand planting seedling evergreen trees and bare root shrub islands that can be hand -carried and hand -planted onto terraces and benches pre - dug to accomodate the plant material. All trees and shrubs shall be planted with polyacrylamide gel and watered in with root stimulator. This same slope will be hand -planted with ricegrass tubelings grown under contract by professional nurserymen. Additionally this slope will be punched repeatedly with a manual post hole digger to emboss the surface, then seeded and mulched with native grass hay. The gradient of this slope requires substantial tacking of the hay with a fiber and psillium binder tackifier. This west -facing slope should be enclosed by an electric Page 3 fence consisting of highly visible wire tape powered by a solar charger, an effective arrangement known to discourage trampling and browsing by deer and elk. The irrigation will remain in place. For the less -steep upper and lower hillsides, we recommend broadcast seeding , followed by fertilizer, the application of a liquid organics plus microbes solution, blown native hay mulch and tacking. Shrub islands and evergreens should be hand -planted here also to offset the scarred appearance of the road cut. Polyacrylamide gel and root stimulant will again be used in the plantings. On the far west slope there is potential to deliver and plant larger bare root trees and shrub clusters due to the relative mildness of its slope. Wildflower seeds should be interseeded and raked -in the following autumn. Container -grown pinyon pines, rocky mountain junipers, and sagebrush will be planted by hand in clusters on all the slopes in the spring, and provided with polyacrylamide gel and root stimulator. The grasses will be cleared from the patches to be planted and used to mulch the seedling trees. All seedlings will be netted and shaded to protect against browsing and scorch. The rotating head irrigation system will be extended through the culverts to the fill slopes below the road to accomodate the water demands of the seedling trees and shrubs. Plant Composition TREES AND SHRUBS: Juniperus scopulorum Pinus cembroides edulis Artemisia tridentata wyomingensis Caragana arborescens Chrysothamnus nauseosus Holodiscus dumosus Rhus trilobata Ribes cereum GRASSES, WILDFLOWERS, FORBS Bromus inermis Bromus marginatus Elymus trachycaulus Oryzopsis hymenoides Pascopyrum smithii Astragalus cicer Astragalus utahensis Lotus corniculatus Medicago saliva Onobrychis viciaefolia E* E* E D* E* D D* D* '`' Rocky Mountain juniper Pinyon pine Gordon Creek Big sage Siberian peashrub Rabbitbrush Cliff spirea Three -leaf sumac Wax currant 1 Smooth brome N Mountain brome N Slender wheatgrass N Indian wheatgrass N Western wheat I Cicer milkvetch N Utah milkvetch I Birdfoot trefoil I Creeping alfalfa I Sainfoin Page 4 Sanguisorba minor 1 Sweet burnet Gaillardia pulchella N Blanketflower Linum lewisii N Blue flax Penstemon strictus N Rocky Mountain penstemon D=deciduous, shedding leaves E= evergreen, retaining leaves * deer resistant N=native species I=introduced species Specifications Seed stock shall be of commercial quality and of the best standards of purity and germination available. Seed shall be free of noxious weed seeds. Seed shall be comprised largely of native grasses, specifically excluding crested wheatgrass, and of native wildflowers and shrubs. Nitrogen -fixing clovers and vetches are to be included in the seed mix. N -fixers shall arrive from the seed grower with the appropriate rhizobial innoculant. Seed shall be distributed through the use of a broadcaster wherever the seeder can provide complete coverage of the slope. In areas where the broadcaster has insufficient throw, a hydraulic planter/hydroseeder shall be used at the seeding rate specified in this document. Wood fiber may be added to the slurry to weight the mixture and facilitate greater casting length. We strongly recommend that legume seeds be distributed only by broadcasting. Seed shall be imprinted or, at a minimum, distributed upon a rough soil surface broken by a harrow, drag log or drag fence. Imprinter shall weigh a minimum of 400 pounds and imprint a minimum depth of two inches. All slopes except the west -facing 3:1 slope shall be imprinted or roughened. Seed shall be mulched with native hay blown through a blower at a rate of 3000 pounds per acre. The hay shall be blown on top of the seed and tacked with an emulsion of psillium soil stabilizer at a rate of 100 pounds per acre, mixed with wood fiber at a rate of 400 pounds per acre. Wood fiber shall be derived from virgin wood chips dyed green to aid in application. Soil stabilizer shall be M -binder. The binder shall be added slowly to the fiber in the mixer to avoid lumping. Page 5 Fertilizer shall be commercial 18-46-0 granular type applied with a broadcaster at a rate of 70 pounds per acre. It shall be applied beneath the hay mulch atop the seed mix in Autumn of 1995. A liquid microbes -organics solution of commercial quality shall be applied at a rate of 5 gallons per acre, and is to be sprayed on following the application of the fertilizer, beneath the the hay mulch and tack. Solution shall be Kiwi Power brand nutritive product. Pinyon and juniper seedlings provided by the State Forest Service shall be planted at the depth specified in the accompanying directions. Polyacrylamide gel shall be incorporated at a rate of one-half pound per 100 seedlings. Bare root Caragana, Rhus, and Ribes shrubs should be planted in a hole dug two inches deeper than the roots are long and four inches wider than the root ball. Transplanted Rhus and Ribes clumps shall be planted in holes six inches deeper than the root length and eight inches wider than the root mass. Polyacrylamide gel shall be used at the rate of two ounces per fifty pounds of backfill. Indian ricegrass container seedlings shall be planted in a hole dug two inches deeper than the root length and at the depth they were grown at the nursery. Rabbitbrush and sagebrush seedlings shall be similarly planted, with the addition of P.A.C. gel to the backfill at the rate of two ounces per fifty pounds of backfill. All ricegrass and bare root transplants on the west -facing slope shall be enclosed with an electrified wire tape strung between six-foot fiberglass T -posts set along the perimeter of the hillside. On the remaining acreage, shrub islands shall measure roughly eighteen feet in circumference, and will be protected with six-foot tall woven vinyl netting. The net barrier will be supported by fiberglass T -posts. Shrub and tree planting on the west -facing slope will require hand -levelled terraces. Building up the terraces with logs braced with sunken rebar would greatly improve their stability. Benches and terraces should recede 1 to 2 feet into the slope. Individual terraces for the ricegrass seedlings shall equal roughly the dimensions of a typical work shovel. West Bank Development Road Gut Reclamation Project 1995 Autumn Seed Composite and Cost Schedule SPECIES NAME var. orig./habit Quantity/ Acre Total Qty. Price/unit Total Price Grosses Bromus inermis 1 - 5 2.5 Ib. PL5 15 Ib. PL5 3 45 Bromus morginatus Bromar N - 5 2.5 Ib. PLS 15 Ib. PLS 4.6 69 r/ymus trochycoulus San Luis N - B 10 Ib. PL5 60 Ib. PL5 3.25 195 Oryzopsis hymena/des Nezpar N - B 6 Ib. PL5 36 Ib. PL5 8.4 302.4 Poscopyrumsmithii VNS N - 5 3 Ib. PL5 18 Ib. PLS 4.5 81 Nitrogen Fixers Astraga/us titer Monarch I - 5 2 Ib. PLS 12 Ib. PL5 6 72 A5trogo/us utahensis N - 5 4 Ib. PL5 24 Ib. PLS donation USDA Lotuscornicu/atus I - 5 2 Ib. PL5 12 Ib. PL5 5.7 68.4 Medicogo saliva Nomad I - 5 3 Ib. PL5 18 Ib. PLS 4 72 Shrubs A tridentate wyom. N - B 1 Ib. PL5 6 Ib. PL5 38.4 230.4 G. nauseosus N - B 1 Ib. PL5 6 Ib. PL5 43.2 259.2 Ribes cereum N - 5 0.5 Ib. PL5 3 Ib. PLS 85 255 Wildflowers and Forb5 Penstemon strlctus Bander° N - 8 1 Ib. PLS 6 Ib. PLS 24 144 . onguisorbo minor Delar 1 - 5 20 Ib. PLS 120 Ib. PLS 2.1 252 TOTALS FALL 1995 Total seed per acre 56 FL5 Totcl cost of seed 2045.4 Cost per acre 340.83 1996 Spring Seed Composite and Cost Schedule Nitrogen Fixers 0nobrychis viciaefolia I - B 20 Ib. PL5 120 Ib. PL5 2.4 288 Wildflowers and Forbs Goillardia pulthella N - 5 2 Ib. PL5 12 Ib. PLS 24 288 Linum /ewisii Appal- N - B 6 Ib. PLS 36 Ib. PL5 7.2 259.2 TOTALS SPR/NG 1996 Total seed per ocre 28 I::. PLE. Tot cosr of seed 835.2 Gast per acre 139.17 West Bank Development Road Gut Reclamation Project SPECIES NAME Evergreen Trees gnus cembraides edulls Pinyon pine Juniperus scopuiorum RM juniper Deciduous Shrubs Coragan° arborescens Peoshrub Ha/ad/xi/5 dumosus Cliff spire° Rhos trilobata Sumac Rhus trilobata Sumoc Ribs ceremro Woxcurrant Grasses Oryzops/s hymenoides Ricegros5 ;Autumn 1995 Live Plant Cost Schedule Qty. Size Price/unit Total Price 10 3 ft 25 250 10 3 ft 25 250 50 bare root 0.39 19.5 25 1 gol 4.75 118.75 100 bare root 0.39 39 25 1 gal 4.75 118.75 25 1 gal 4.75 118.75 os available as mature transplants 1995 Total cost of live plants 914.75 SpHng 19% Live Plant Cost Schedule SPECIES NAME Qty. Size Price/unit Total Price Evergreen Trees gnus cembro/des atolls Pinyon pine 150 8.25 in 0.91 136.5 Juniperus scapulorum RM juniper 60 8.25 in 0.91 54.6 Evergreen Shrubs Artemisia tridental° nyom. Big sage 300 8.25 in 1.05 315 Ghrysofhamnusnaoseosus Rabbitbrush 300 8.25 in 1.05 315 Grosses Oryzopsishymenodes Rlcegrass 500 8.25 in 1.05 525 1996 Total cost of live plants 1346.1 West Bonk Development Road Cut Reclamation Project Additional Materials Cost Schedule PRODUCT Qty_ Price/ Unit Total Price Commercial fertilizer 18 46 0 420 b. 0.258 Ib. 108.36 Root stimulant 3 gal 19.4 gal 58.2 Kiwi Power Microbial solution 30 gal 21.6 gal 648 Gross hoy 9 tons 105 ton 945 M -binder tackifler 600 Ib. 0.89 lb. 534 Wood fiber mulch 2400 Ib. 0.21 Ib. 504 Polymer soil additive 4 Ib. 10 Ib. 40 Polymer slurry dip 0.5 Ib. 5 Ib. 5 Vexor plastic tree protectors 510 units 0.36 ea 183.6 Plastic tree shades 200 units 0.36 ea 72 Plastic barrier netting 40 rolls 8.34 roll 333.6 Hi -vis wire tape 0.25 mile 331.2 mi 82.8 Parmoc solar charger 12 V 1 unit 288 ea 288 Fiberglass T -posts 144 units 2.45 ea 352.8 Total cost of additional materials 4155.36 West Bank Development Raad Gut Reclamation Protect Seeding and Mulching Fees Estimate Task Gost/acre Total Gost per Task Mobilization 91.67 550 Broadcast fertilizer. seed 35 210 Imprint 35 210 Hoy mulch 220 1320 Tack hay, soil builder 100 600 Interseeding 35 210 TotaVacre 516.67 Total 3100 Planting Fee Estimate SPECIES Size Qty. Cost/unit Total cost Bare root trees and shrubs 150 2 ea 300 Evergreen trees 3 ft 20 15 ea 300 Evergreen trees 8.25 inch 210 2 eo 420 Deciduous shrubs 1 go 75 3 ea 225 Evergreen Shrubs 8.25 inch 600 1 ea 600 Native Bunch Grass 8.25 inch 500 1 eo 500 Total estimated cost of plant installation 2345 Fencing Fee Estimate Task Qty. Cost/unit Total cost Hi -vis electric tape exciosure 130 Shrub island exclosures 40 16 640 Total estimated cost of fencing 770 Tota/ Estimated Cost of West Bank Road CIt Reclamation Project 75577.7 LAND IMPRINTING FOR LOW-COST REVEGETATION OF 1)I'.(:IlA DIA) I.;11V1) Robert M. Dixon and Ann B. Carr The Imprinting Foundation ABSTRACT This paper traces the research and development of land imprinting since 1976 for low-cost revegetation of degraded land. Rainwater infiltration research,conducted by the senior author and several coworkers, led directly to the conceptualization of land imprinting Thiq r•rsrnrrh, r•r/rrrsrntinlrn mirle lunge u/ clinuilte, eclup/uc and vegetal cundittuns, showed that the rnicroroughness and macroporosity of the soil surface control the rates and routes of rainwater infiltration into dry soils. Thus, manipulation of these two properties of the air -earth interface holds the key to wide -range infiltration control. In turn, infiltration control is the key to water erosion control since very high infiltration rates essentially eliminate water runoff and thus water erosion. The soil surface of degraded land is typically smooth and sealed due to the splashing action of raindrops impacting a bare soil surface. Such a surface will infiltrate rainwater only 1110 to 11100 as fast as a microrough, macroporous surface. Thr/.R. inThrr,iin, MI)/ r()/ i.a nlsn Ihr lrry In rcuc;grctutluri u/ dcgI.ailed land. Lund lniprtnlurg was developed to convert the smooth -sealed surface of degraded land back into the rough -open condition to, in turn, restore high infiltration rates and deep rainwater penetration in the most efficient way possible. Land imprinters are designed to reshape the soil surface to impart roughness and openness with minimal disturbance of plant material and soil structure. Unlike conventional implements, land imprinters do not dig into, loosen, and invert the surface soil, covering plant materials in the process. Instead they impress and emboss smooth-walled, V-shaped furrows in the soil surface, mulching any aboveground plant material that is available. The rnvvllinrl rr,rr%]n,l ',,, f;,,•, iv leilrlrlr, vinhilr• ,rn,l ,•,rrr rupidly uyi1tiule rainwater where it lulls. A wale variety of imprinting devices has been designed, fabricated and tested under diverse field conditions. Imprinting success depends on a good seed mix, good 10CT93I1 Tucson, A imprints and adequate rainfall to germinate seeds and establish seedlings. Less rainfall is required for seedling establishment as compared with drilled furrows because of the six important functions of irrrrtlirrlirla uii,l irrrrrr-ir,f ritlilelrirrjl. Cr'retin,U. trapping, lunncllutg, tnlillruting, and shielding. As a result of these six functions, land imprinting has been successful in establishing vegetation in the Desert Southwest of the U.SA. about nine times out of ten as compared with only one in ten for conventional methods such as drilling. During the past decade, tens of thousands of hectares have been revegetating by imprinting in southern Arizona alone. Most of the land that was imprinted had been degraded by cattle grazing, however some had been disturbed by urban and industrial development. INTRODUCTION VusL ureas uI land have been degraded by human activities in semiarid and arid regions of the world and now need to be revegetated to control erosion and restore biomass production. Hillslopes in more humid regions have suffered similar degradation and need a dense vegetative cover to control accelerated runoff, erosion and downslope flash flooding and sedimentation. However, low-cost methods that work efficiently have not been available to accomplish revegetation under such adverse conditions on a broad scale. To undergird the development of new techniques for restoring vegetation on degraded drylands and hi11G1nru.a. ilip intitnt•I nn1 fnrl me r,fferl in{* retinwnl Pr iulilLrul en were reviewed in the literature and Ilion extensive infiltration studies were conducted from 1960 to 1976 under a wide range of climatic, edaphic, and vegetal conditions (Dixon, 1975; Dixon and Peterson, 1971). These studies led to the conclusion that 2 physical properties of the soil surface--microroughness and macroporosity--exert a controlling influence over infiltration into initially dry soils. Manipulation of these two properties provides a one to two order -of -magnitude control over this hydrologic property (Dixon, 1977). Degraded land typically possesses a smooth, sealed soil surface with low infiltration rates, whereas I,ir,ntn� t,rn,lrtrl i‘•r• lnnrl l,na et • rnrnntlt euul wucrupurous surtiice with high iuliltruLion rules. The microrough, macroporous surface is able to rapidly exchange rainwater and displaced soil air across the air -earth interface, whereas this fluid The Imprinting Foundation, 1231 East Big Rock Road, Tucson, Arizona 85718 USA exchange is greatly impeded by the smooth, sealed surface. Thus, the hydrologic key to runoff, erosion and sedimentation control was to convert the smooth, sealed surface of degraded land back into the rough, open condition to, in turn, greatly increase water infiltration. And the key to low-cost revegetation was to develop an efficient mechanical technique for restoring stabile surface microroughness and macroporosity. Conventional tillage and planting implements can roughen and 11,...11 I I.1. unit .111 tu..1., hut 130 1,01113. 111.01 nl1ilic a it in I.liu process. 'Typically these implements dig into, loosen, and invert surface soil covering some or all of the aboveground plant material. Such freshly -tilled loose surfaces smooth and seal rapidly under the impacting raindrops of intense rainfall and soon collapse like a "house of cards" squeezing out the macroporosity produced by tillage. Using the new infiltration information, a tillage concept called land imprinting was developed (Dixon, 1980; Dixon and Simanton, 1977), which then was implemented by the development of a series of soil surface imprinting devices beginning in 1976 and continuing to the present time. Unlike 1."II v.• 1111,/1/11 iu11111•nu:111a, 1111111 in1111in1111a 111/ 111,1. dig into, loosen, and invert the surface soil, covering plant materials in the process. Instead they impress and emboss smooth-walled V-shaped furrows in the soil surface, mulching and partially imbedding any aboveground plant material that is available. The resulting waffled surface is relatively stabile and can rapidly infiltrate rainwater essentially where it falls. The V-shaped imprints funnel rainwater, seed, plant litter and splashed soil together where these resources can work in concert to germinate seeds and establish seedlings. 111!4 i 1l .IVi i A wide range of imprinting devices has been designed, fabricated and tested under a variety of field conditions. Early imprinters, many of which were fabricated at a U.S.D.A. field shop in Tombstone, Arizona, were massive steel rollers 1.0 to 1.5 m (3.3 to 4.0 ft) in diameter with complex patterns of angular imprinting teeth welded to the outer circumference (U.S. Forest Service, 1980). These heavily weighted rollers produced corresponding soil imprint patterns when towed across the landscape with a crawler tractor. They were designed specifically to restore perennial 2 grasses to desert and semidesert rangeland from which such vegetation had been eliminated by more than a century of cattle grazing. They were designed to interseed this missing component into the existing ecosystem with as little disturbance as possible. These imprinters were heavy enough to chew aboveground vegetation, including woody shrubs, into a soil -moisture conserving mulch which was partially imbedded in the angular faces of the soil imprint by the imprinting action. The IFS L" - .Ii ttttt U1 111111:111 ultoil) 11)110/1111:01 1411 60 tlit ,hi] and boulders and across deep gulleys, however they required a moderate-sized tractor for towing and were difficult to transport between imprinting sites. Imprinters, designed and fabricated since 1985, have much smaller rollers ranging in diameter from 30.5 to 61.0 cm (12 to 24 in) (Dixon and Carr, 1991). These are cheaper to fabricate, easier to transport, and still make an adequate imprint. They also have greatly simplified tooth patterns. Typical cross-sectional roller geometries are square with four 90° points (the corners) and eight -pointed stars with either 90° or 45° points. These geometries are essentially the same as patchwork -quilt patterns 1 ttloi t 1111 Lu ttn 111 n1111in1_;111ttt. Itn Ilntl t ullint; nLut n. ','Ito square or cube design is literally a case of reinventing the square wheel. Designing an imprinting roller usually begins with the structural steel angle to be used for fabricating the teeth. Typically, steel angle which is 1.3 cm (0.5 in) thick with 15.2 -cm legs (6 -in legs) is cut into 25.4 -cm (10 -in) lengths. These teeth are then welded to the surface of a 61.0 -cm (24 -in) diameter steel pipe in a series of 8 -pointed star rings (Fig.1). The rings are spaced 5.1 cm (2 in) apart with the points of adjacent stars staggered with respect to each other (Dixon, 1992a). Modifications in this basic design are needed when the starting point. is it nl.POI tylitltlitt tiil,hot Ittigut ut nuutllut Limit U1.0 cm (24 in) or when the roller core is square instead of circular. Roller design relies heavily upon the familiar Pythagorean Theorem which states: The square of the hypotenuse of a right triangle equals the sum of the squares of the other two sides. This theorem applies to the cross section of the steel angle used for teeth which becomes an isosceles right triangle when an imaginary line is drawn between the leg tips or the toes of the angle (Fig. 2). The discussion which follows will show how ' of the Pythagorean /71 0 \\ ri ure (1. ('uuru111blo Inllutut iul; ►1,111uAu io provided by a permanent 45° saw -tooth base welded to a cylindrical core with a removable 90° cap. 1"\ /1 / I \ / I I \ / Figure 7. Converting an 8 -pointed star with 90° points into an 8 -pointed star with symmetrical 45° points where: D = Diameter of circle circumscribing the 8 -pointed star with 90° points and inscribing the 8 -pointed star with 45° points = 2 L. Example: Let L = 15.2 cm (6 in); Then D = 30.4 cm (12 in) 6 /� L2 1Y,:114r; 1J. ('11111'us11u1; 4111 11 1111111141d eltu wlllt 4G^ points into an 8 -pointed star with 90° points where: Di = Diameter of circle inscribing the 8 -pointed star with 45° points = 21.4 = 2L2; D2 = Diameter of circle circumscribing the 8 -pointed star with 45° points and inscribing the 8 -pointed star with 90° points = 3.69514 = 3.695L2. Example: Let Li & L2 = 15.2 cm (6 in) Then Di = 30.4 cm (12 in) And D2 = 56.2 cm (22.2 in) / / 8 -POINTED SAW -TOOTH STAR (450 POINTS) FLATLAND t1 .111111 , 1111,11 (90' POINTS) Figure 9. The 45° saw -tooth points are appropriate for use on steep hillslopes, whereas 90° points for imprinter teeth are better for level to gently sloping land. out initially with heavy duty equipment, however where soil hardness is superficial the imprinter -mounted ripping shanks can do an adequate job. FUNCTIONS Land imprinters can effect low cost revegetation in arid and semiarid regions because they are very simple machines that can efficiently perform six important water collection, concentration and cunau� vtiLiun lLi eLiuna Lu nutlw IJULLui uou of 11:laud precipitation in the germination of seeds and the establishment of seedlings. These functions are plant material mulching, soil firming, resource trapping, resource funnelling, water infiltrating, and shielding of seedlings from the severe macroclimate. Mulching Imprinting teeth bite against the hard soil, chewing any aboveground plant material into a mulch which becomes embedded in the faces of the imprint. Pioneer/annual plant species (weeds) that typically �uluulcu t11oLui hod luau ui uun malt( uAculluuL mulch to conserve water to, in turn, help accelerate natural plant succession to perennial species. Imprinter mulching conserves soil moisture directly and indirectly in a number of ways. It suppresses or eliminates transpiration by killing aboveground growth of plants. Mulch suppresses surface evaporation of soil moisture by reducing the vapor pressure gradient at the soil surface. It stabilizes the- water conserving imprints to permit them to function for a much longer period of time. Mulch cools the soil and shades small seedlings to reduce transpiration. It feeds invertebrate animals that enhance water infiltration through their burrowing activities. On decomposition or mineralization, mulch lulldn null bLrucLure Lu lucruuou 11111ILiuLluu and soil -water holding capacity. Additionally, the mulch builds topsoil by adding organic matter and plant nutrients. , Firming The soil firming function or process of land imprinting occurs simultaneously with the mulching process. Firming enhances capillary flow of deep soil moisture up to the seedbed for rewetting 11 of the seeds at least at dawn on several successive days following moderate rainfall. Seeds of desert adapted species are engineered by evolution to germinate during such periodic wetting and rewetting. Firming also improves seed -soil contact which likewise enhances capillary water flow into the seed. Firming increases surface stability to maintain the other water conserving functions of imprints for a longer period of time. Firming retains more moisture in the seedbed itself to aid germination. It embeds plant litter and other plant materials to further stabilize the imprint. 1 inIuddlub of Llilu maul Jul npuuds ducunlpuniLluu and thus enrichment of the surface soil with organic matter and plant nutrients. Firming promotes cracking along the bottom of the imprint trough which, in turn, enhances infiltration and seedling emergence through a crust. In fact deleterious soil crusting is seldom encountered in connection with land imprinting because of controlled cracking, litter trapping, and daily capillary rewetting of the seedbed. One further note, capillary rewetting after drilling or other conventional seeding methods occurs for a much shorter period of time relative to imprinting. This is perhaps the major reason for a much lower ouccuoo ruLu lut dill! ouudlug compared wlLll imprinter seeding. Trapping Through the process of imprinting, discontinuous V-shaped pockets are formed, which are very effective in trapping or collecting resources essential for germinating seeds and establishing seedlings. Conventional methods such as seed drills create continuous furrows that tend to bleed resources downslope during rainfall of sufficient intensity and duration to produce runoff. Such resources are eventually piled up at the bottom of thu blupu un bud1111011LS. Imprinting also produces V-shaped troughs on the contour during up-and-down slope operation, whereas conventional planters produce furrows in the direction of travel. Just as soon as the angular imprint is made the trapping process begins. Imprints trap airborne resources such as seed, rainwater, snow, spores, and plant litter. They also trap splash- eroded soil. By ponding rainwater in place, imprints not only increase the rate, but also the duration of the infiltration process. Imprinter design should stress the importance of this trapping or collecting process in the revegetation of degraded hillslopes. Imprinted V -troughs should be short and staggered with adequate damming in between to prevent rainwater from taking a zig-zag pathway downslope. 11_y auto'y I110n4li11u rni11w1111rr 111101 inOrnnainW infiltration, imprints are very effective in erosion and sedimentation control. They also provide stabile surface roughness for effective wind erosion control. Funnelling Closely related to the trapping function is the funnelling action of the V-shaped imprints (Dixon, 1990). Trapping involves the holding of resources in place against the forces of wind, water and gravity, whereas funnelling entails the gravitational concentration of these resources at the Ir11llran nf111O v 1011111!11 ��.1101I•II0Oy 1110 ill 111.0;111111 In work in concert to germinate seeds and establish seedlings (Fig. 11). This funnelling action is quite efficient because the V -furrows are smooth-walled and small -pored due to the firming function previously discussed. The great steepness of the side slopes (45° or 100%) also increases the funnelling efficiency. Funnelling of rainwater infiltrates it deeply and directly below the seeds where it can readily return by capillary flow to germinate seeds and then feed the seedling roots as they grow downward. The concentration and resultant deep penetration of rainwater also helps to conserve soil moisture as it is less susceptible to loss by surface evaporation as compared with allI0u11i0,i111 u111ia111tu Infiltrating The conception of land imprinting grew out of infiltration research which showed that land degradation smooths and seals the soil surface, thereby reducing infiltration to as little and 1/10 to 1/100 of the non -degraded rough -open soil surface. Thus, imprinting a smooth -sealed surface converts it into the rough -open condition to increase infiltration rates by a factor of ten or more. Rainfall simulator trials showed that sealed surfaces often infiltrate only about 1 cm during the first hour 11n1li ti.. 1 tvil11 111110111 1(1 1111 flit Ila• 111111;11 1111011 9 surface. Ten cm in one hour is the maximum 100 -year rainfall for most of interior United States having a continental climate (Dixon and Simanton, 1979). Thus runoff and erosion ceases to be much of a problem for storms of greater frequency since most, if not all, of the rainfall will infiltrate the rough -open surface. The infiltrating function of imprints is closely related to the funnelling function. High infiltration results when rainwater is rapidly funnelled into the soil via the V-shaped imprinted depressions and the soil air that is displaced by the infiltrating water is funnelled out of the soil just as rapidly via the V-shaped imprinted ridges which are in essence inverted funnels. It is this unimpeded simultaneous exchange of these two fluids across the air -earth interface that accounts for the rapid infiltration of rainwater by the microrough, macroporous surface. In contrast the smooth, sealed surface of degraded land greatly impedes this exchange (Dixon, 1990). 90° IMPRINTED SEEDBED /po N\\-\5 45° IMPRINTED SEEDBED Figure 11. Imprints funnel resources together in the bottom of V-shaped imprints where these resources are concentrated to germinate seeds and ,..1lrrlrlir,lr aOO111i11I;a Shielding The foregoing functions of imprints account collectively for the superior seedbeds created by imprinting degraded arid and semiarid lands. Once seed germination has occurred, then the seedling shielding function comes into play. The V-shaped imprints shield tender young seedlings from the uoni' j 11114.,IU.,IilUpl.p onl.o.,ially ilooit.“1 hic winds and intense sunlight (Fig. 12). Any mulching that occurred during imprinting also helps to moderate the microclimate to which small seedlings are exposed. Air -borne plant litter is trapped and funnelled by the imprints to where it can help shield seedlings. Thus, imprinting produces relatively safe seedling cradles. By the time the seedling grows up out of the V-shaped imprints into the harsh macroclimate above, its roots have penetrated deeply into the moist soil below. DRY WINDS FLATLAND • 90° IMPRINTED SEEDUNG CRADLE \ N 45° IMPRINTED SEEDUNG CRADLE npY min Nei Figure 12. Imprints make good seedling cradles to help seedlings establish themselves by shielding them from the desiccating winds and intense nunlicid of L:uuL ol;iu��n 10 The good supply of deep soil moisture that small seedlings can readily tap is the net effect of the imprinting functions previously discussed. This soil moisture also increases the humidity and moderates daily temperature fluctuations of the seedling cradle. Thus, the shielded seedling grows rapidly and is well on its way to becoming established when it emerges from the seedling 1,111111o, USES Imprinters are designed to accomplish such tasks as desertification reversal, land revegetation, rehabilitation, regeneration, renovation and reclamation; infiltration, runoff, erosion and sedimentation control; and finally ecological restoration. These tasks are all related in that human activities recently or historically have caused land disturbances resulting in land degradation. Also land amelioration almost always involves the reestablishment of vegetation which, in 1.1111, u!,uu1ly n1onno floodlit!: of onoo ui 111010 ul.uaiva especially where land areas are too large for transplanting of seedlings. Seedbed and seedling cradle design is especially critical where the water resource is limited such as in arid and semiarid lands and in steeply sloping land. These are the land areas for which land imprinters were, and are being, designed to provide a means for low-cost revegetation through efficient use of scarce and unpredictable precipitation. Past Since 1976, rolling land imprinters have been used Lu l;I:Lol1,m nu LoIio 01 LiIuunlunl u1 ilot.im on of rangeland in the Sonoran Desert region of southern Arizona, USA which was degraded by cattle grazing during the past century. Imprinters have also revegetated land degraded by cotton farming, nuclear power plant installation, aqueduct construction, military activities, airport runway construction, urban developments and landfills. Hand and foot imprinters have been used primarily in residential landscaping. Future Outlook Looking ahead to future applications of imprinting Loilulolol;y, wu uel)u..L uuuu Lu includu 4 OVUOLuLlun of areas in the Colorado and Mojave Deserts of California --arid regions with only a winter rainy season compared with two rainy seasons in the Sonoran Desert (Dixon, 1993). Future uses are also expected to include agricultural cropping of dry and irrigated lands. Current imprinter designs discussed herein should be well suited to restoring marginal croplands to prairie in the west.ern Great. Plumb 1egiuu. iinillutly, Lhubu debigab should require little change for seeding of wheat and other small grains in the Great Plains and elsewhere. Ripping, seeding and imprinting directly into the wheat stubble of last years crop should provide a high degree of soil and water conservation. Successful tests have already been conducted for imprinter seeding ofboth wheat and alfalfa; and the interseeding of legumes into bluegrass pasture in the Corn Belt. Irrigated pasture of both warm and cool species has been established by imprinting. Current imprinter designs and equipment should adapt readily to the establishment of cover, nurse, mulch, and green manure crops in various conservation rotations. Imprinting has potential for solid -stand planting of major row crops such as grain sorghum, soybeans and corn. If successful, the solid stand practice would represent a major advance in the conservation culture of these crops because cultivated rows tend to route rainwater and eroded soil rapidly downslope during intense rainfall. The solution to controlling runoff, erosion and sedimentation in agricultural lands has always been the maintenance of a dense groundcover of vegetation or plant residues for 365 days each year. This ideal can be approximated by crop rotations which inrinde perenninl t,,'rases and lei s. nu -Lill build -bland planting of annual crops and liberal use of cover, nurse, mulch and green manure crops. By keeping the soil well -covered at all times and using a no -till method such as imprinting for seeding and planting crops, the long sought -after -goal of holding topsoil and rainwater in place can perhaps be achieved. This is the best way to rebuild a deep and productive topsoil. Imprinters are uniquely capable of planting or seeding through a heavy mulch of plant residues without leaving continuous furrows or marks of any kind for water to follow downslope. Land imprinting is expected to find an increasing nnnflrer of naeN in the fill are IIVf`111141• it Wilt lf s we11 11 in the revegetation of degraded land and its cost is relatively low. Globally, the amount of degraded land is growing rapidly and the need for returning this land to productive use is increasing exponentially, driven by a similar growth in world population. With a rising concern for environmental degradation, these degraded lands need lobe made productive nanin in the most benign wuy possible. 1'roductive, notiusL to directly satisfy human needs, but also to meet the needs of endangered natural ecosystems of plants and animals that are the very foundation of all life on earth. Land imprinting has already been used in two large scale projects directed to seeding complex mixes of native plant species to, in turn, accelerate natural plant succession rapidly toward a productive and hopefully somewhat natural ecosystem (Dixon and Carr, 1993). By making good use of onsite resources, land imprinting should minimize the need for massive outside inputs from the petrochemical industry. The reasons for imprint inn's snrress in revetlet fit ion were detailed previously in the socLton entitled "Functions"; however, in summary imprinters are effective because they produce superior and more durable seedbeds and seedling cradles. Reasons for the relatively low cost are briefly noted here. First, and perhaps most importantly, the higher success of imprinter seeding, relative to conventional methods such as drill seeding, greatly reduces the cost because the need for reseeding seldom occurs. The success rate of imprinting for establishing vegetation in the arid and semiarid region of southwestern United States has been about 90% compared with only about 10% for drilling. In fact the extremely low success of conventional methods was lite iifalifirnlintt naed Ioa• 11,P gpniur author far spending U.S.D.A. research funds in the development of the land imprinting approach beginning in 1976 (Pratt, 1983). Imprinters are very simple and durable machines having only a single moving part, or two if equipped with a seeder. This means lower (relative to seed drills) initial cost, lower maintenance cost, less down-time and lower replacement cost because of longer life. Fortunately, imprinting teeth are self -sharpening as they wear concave on the leading side just above the imprinting point or cutting edge. When this concave wear extends about halfway through the angular tooth, the imprinting roller is reversefl enfl far enfI ill iltiti111P rfntovtve Wettr tat what was the trailing side of the teeth, thereby essentially doubling the life of the imprinting teeth. When the teeth are worn on both sides, they can be hard -surfaced or capped with new steel angle teeth. About the only other repair we have experienced is replacement of the pillow block bearings used on the roller axle. The need for this repair can be minimized by using heavy duty bearings. Where repeated shock is encountered such as hitting and rnllinlf over lorry boulder -4 nnrl H1.IIr11119, we vnuvecl, using a Gust btUUl lJuuI'lu housing instead of cast iron (Dixon, 1992b). In the more humid regions where effective revegetation methods are already available, the cost advantage of imprinting would not be as great. Advantages such as better control of erosion and sedimentation, especially on hillslopes, are difficult to evaluate because economic and ecologic benefits tend to be long range. REFERENCES Dixon R M 1g7ii "Tnfill rol inn (1,111 rnl 111tr000lt Snil burluee INunul;uwuut." I'rocuedu►bb bynlpusiula un Watershed Management, American Society Civil Engineers and Utah State University. p. 543-567. Dixon, R.M. 1977. "Air -Earth Interface Concept for Wide -Range Control of Infiltration." Annual Meeting American Society Agricultural Engineers. Raleigh, North Carolina. Paper No. 70-2062, 33 pgs. Dixon, R.M. 1980. Land Imprinter. U.S. Patent No. 4185655, U.S. Patent Office, Washington D.C. Dixon, R.M. 1982. "The Hand Imprinter." Arid. Lands Newsletter, No. 17, Office of Arid Lands filnrlira, TTrlivprcity of Ariiun , Thermo 1, 1,1 1I Dixon, R.M. 1990. "Air -Earth Interface Model for Ecosystem Restoration and Maintenance." Proceedings Society for Ecological Restoration. Madison, Wisconsin. p. 172-181. Dixon, R.M. 1992a. The Landfill Imprinter: Design, Operation and Maintenance. Imprinting Foundation, 1231 E. Big Rock Road, Tucson, Arizona. 17 pgs. 12 Dixon, R.M. 1992b. Specifications for Landfill Seeding Imprinter. Imprinting Foundation, 1231 E. Big Rock Road, Tucson, Arizona. 4 pgs. Dixon, R.M. 1993. Revegetation of OHV Disturbed Land in the Mojave and Colorado Deserts of California. Imprinting Foundation, 1231 E. Big Rock Road, Tucson, Arizona. 5 pgs. Dixon, R.M. and A.B. Carr. 1991. "Designing Land Tni1,rinl rrq for 1: eolouirnl RPMI nrnl ino " Aur v Abstracts. American Society ufAgrunuwy, Madison, Wisconsin. p. 329. Dixon, R.M. and A.B. Carr. 1993. "Recent Revegetation Projects in Southern Arizona Using Land Imprinting." Abstracts for Fifth Annual Conference Society for Ecological Restoration, Irvine, California. p. 35. Dixon, R.M. and A.E. Peterson. 1971. "Water Infiltration Control: A Channel System Concept." Soil Science Society of America Proceedings 35: 968-973. Di von. R 1\1 owl .T 11 ; ;11)11 lnrl 1077 imprinter lur ltevegetatluu ulBarren Lund Areas through Infiltration Con trol." Proceedings American Water Resources Association and Arizona Academy of Science 7: 79-88. Dixon, R.M. and J.R. Simanton. 1979. Water Infiltration Processes and Air -Earth Interface Conditions. Surface and Subsurface Hydrology, H.J. Morel-Seytoux, J.D. Salas, T.G. Sanders, R.E. Smith (Eds), Water Resources Publication, Fort Collins, Colorado. p. 314-330. Pratt, Marianna. 1983. "Land Imprinting for Lasting Impressions." Agricultural Engineering, No n. R4 fl 111 U.S. Forest Service. 1980. Land Imprinter. Revegetation Equipment Catalog. Revegetation Rehabilitation and Equipment Workshop. Forest Service, U.S.D.A. Equipment Development Center, Fort Missoula, Montana. p. 79-80. Servi-Tech Laboratories 1802West Drive, Hastings, Nebraska 68902 P.O. Box 169 Fax (402) 463-8132 Phone: (402) 463-3522 SOIL ANALYSIS REPORT SENT TO: H.B, MILAGRO LANDSCAPES AND RECLAMATION 3758 C.R. 301 PARACHUTE, CO 81635 LAB N 43876 c�� INVOICE NO: N622196 DATE RECEIVED: 08/17/95 DATE REPORTED: 08/18/95 Results For: FIELD ID: BOTWEST-C.0 - . ._ WB0495 ��nno|e���: — . CROP: GRASS -NEW SEED YIELD GOAL: 3 T SOIL PLUS GRAPHICAL INTERPRETATIONS Strongly Acidic Acidic Alkaline 7.0 8.0 Soil pH 8.5REMINIBMIMENNERNIIHNIMMEREMIMMENCIRMEMINEMENIENISMENDINIMMENEWE MOBILE ^~''`^^'''~^ Percent Of Crop Requirement ---------- 50 % ------ 100 %------ 150 % Nitrate -Nitrogen: Total: O- 8" 5 lb/A MEMO Sulfur: Total; 0- 8" 149 lb/A 200 % -- -------- Caution -------- Warning ---- Sodium, % Na 2 MEMO= � SOIL ANALYSIS REPORT CLIENT: es.1 ' I R . MP AriRI0 LANDSCAPES AND F l-:LAMATIoN rmI 3758 C.R.1 PARACHUTE, CO flServi-Tech Laboratories 1602 Park West Drive, Box 169 Hastings, NE 68902 Phone 402-463-3522 FAX 402-463-8132 serve tech Li LAB NO: INVOICE NO: DATE RECEIVED: DATE REPORTED: 08-17-95 SOIL ANALYSIS RESULTS FOR: METHODS USED: Lab Number Sample ID FIELD IDENTIFICATION: BOTWEST--C,0 1.1 s""!I; i:1 1Mc4. B. Sa icyiic Acid j reh ich 3 Attcuiui Acetate ETA Sample Depth" Soil pH Buffer pH Sol. Salts mmho/cm Excess Lime %Organic Matter Nitrate -Nitrogen ppm Ib. N/A Phosphorus ppm P Potassium ppm K Sulfur ppm Ib. S/A Calcium ppm Ca Magnesium ppm Mg Sodium ppm Na Zinc ppm Zn Fri .i. i Iron ppm Fe Manganese ppm Mn Copper ppm Cu FERTILIZER RECOMMENDATIONS: POUNDS ACTUAL t_TRI:tT PER ACRE Lab Number Sample ID Crop To Be Grown Yield Goal Lime, ECC Tons/A Nitrogen N Phosphorus P20, Potassium KuO Zinc Zn Sulfur S I l g i. Cu Mn CATION EXCHANGE CAPACITY CEC %H %K %Ca %Mg %Na .30 SPECIAL COMMENTS AND SUGGESTIONS: SAMPLE(S):: WD 0 4 5 Subsoil nilrate further details lo L -t or nitrogen og=c:n recti i ;E fl .a on .., Cc:;i Analyses are representative of the samples submitted • Samples are retained 30 days after report of analyses • Explanations of soil analysis terms are on the back of the yellow copy CLIENT: SOIL ANALYSIS REPORT H.B. MILAGRO LANDSCAPES AND RECLAMATION 3758 C.i;. 301 PARACHUTE, CO 81635 5 Servi-Tech Laboratories 1602 Park West Drive, Box 169 ptech Hastings, NE 68902 Phone 402-463-3522 FAX 402-463-8132 LAB NO: INVOICE NO: DATE RECEIVED: DATE REPORTED: 43874 �'} Z. t.1. 7 C� • r 9 . "•i 08-17-95 02 -1S -9r SOIL ANALYSIS RESULTS FOR: METHODS USED Lab Number Sample ID FIELD IDENTIFICATION: STEEPL -SW0 :i ; ` i:l IMod. ii.B.iSaiicylic Acid 1 Mehlich 3 ! ,-B0_9 _I Sample Depth" 1�1 '- Soil pH 8.9 Butter pH Sol. Salts mmho/cm Excess Lime %Organic Matter Nitrate -Nitrogen ppm Ib. N/A Phosphorus ppm P Potassium ppm K :.1 . O 0.4 Amnia Acetate Sulfur 51 122 PITTA Calcium ppm Ca Magnesium ppm Mg Sodium ppm Na Zinc ppm Zn Iron ppm Fe 368 4.2 Manganese ppm Mn Copper ppm Cu FERTILIZER RECOMMENDATIONS: POUNDS 5CIUA_ NUTRIENT PER ACRE Lab Number 43374 Sample ID _SsI .l_ 0 2 ,- v. Crop To Be Grown Yield Goal Lime, ECC Tons/A Nitrogen N Phosphorus P20, Potassium K20 Zinc Zn Sulfur S Mq0 JR i'i 3 try ._f el_tir '-,i: I`IJS 3 I 30 40 40 SPECIAL COMMENTS AND SUGGESTIONS: CATION EXCHANGE CAPACITY CEC %H %K %Ca 3 l SVS R6 %Mg i 0 %Na 8AMP1 r; (S) . " 02 + nitrogen _ .. : 1 S. '_ ! c'. �_ 1. ....=` !il �I L " _. s_ i_I _' ! _. _. _. can improve , . r: fJn .fir .:� ... i.._.I: accuracy further d.eta_ s - Contact .1. .i elaboratory Analyses are representative of the samples submitted • Samples are retained 30 days after report of analyses • Explanations of soil analysis terms are on the back of the yellow copy LAB NO: INVOICE NO: DATE RECEIVED: DATE REPORTED: Servi-Tech Laboratories 1602 West Drive, Hastings, Nebraska 68g02 P.O. Box 169 Fax (402) 463-8132 Phone: (402) 463-3522 SOIL ANALYSIS REPORT SENT TO: H.B. MILAGRO LANDSCAPES AND RECLAMATION 3758 C.R. 301 PARACHUTE, CO 81635 43874 N622196 O8/17/95 O8/18/95 Results For: FIELD ID: STEEPW-SWO Sample WBO295 ���/�ID: CROP: GRASS -NEW SEED YIELD GOAL: 3 T SOIL PLUS GRAPHICAL INTERPRETATIONS Strongly Acidic Acidic Alkaline --- 4.0 ----- 5.0 ----- 6.0 ----- 7.0 ----- 8.0 --011iiiiMMIMMOMMIMMEMMOMOMMUMMUMIMMUMMEMMIMMiliMIMMOMMEMMUMMMOMIMM - Soil pH 8.9 Percent Of Crop Requirement ''~~^^^ '—�'--��-' ---------- 50 % ------ 100 % ------ 150 % Nitrate -Nitrogen: Total: 0- 8" 2 lb/A mm Sulfur: Total: O- 8" 122 lb/A 200 % Suitable -------- Caution -------- Warning ---- Sodium, % Na 3 MNONEMONO SOIL ANALYSIS REPORT CLIENT: H.B. '.iLALRU LANDSCAPES AND RECLAMATION 375R C.R. 301 PARACHUTE s 00 81635 11 Servi-Tech Laboratories 1602 Park West Drive, Box 169 Hastings, NE 68902 Phone 402-463-3522 FAX 402-463-8132 serve tech Li • LAB NO: INVOICE NO: DATE RECEIVED: DATE REPORTED: FIELD IDENTIFICATION: 'viii -- `Ab SOIL ANAL Tirtcv.... r.. vv.,. ?:I PP i:1 'Mod. i.B.ISalitylit Acid I Mehlich 3 i Amnia Acetate , METHODS USED: i i DTP Lab Number Lab Number Sample ID Sample Depth" Soil pH Buffer pH Sol. Salts mmho/cm Excess Lime %Organic Matter Nitrate -Nitrogen ppm Ib. N/A Phosphorus ppm P Potassium ppm K Sulfur ppm Ib. S/A Calcium ppm Ca Magnesium ppm Mg Sodium ppm Na Zinc ppm Zn Iron ppm Fe Manganese ppm Mn Copper ppm Cu _____ _ .r - 03=5 0- _ 8.3 0 1.2e Hi 1u7 5 30 213 20 48 5725 359 0.5 _0a_ 10.2 .- SPECIAL COMMENTS AND SUGGESTIONS: CATION EXCHANGE CAPACITY CEC %H %K %Ca %Mg %Na 83 SAMPLE(S): WB0395 S _ b_ _1 nitrate _dT_l_= in 24 or �u 'c hP rNi improve the accuracy _, nitrogen re--ei_a1iont. Contact _ _ laboratory- further deT_ai_ r. Analyses are representative of the samples submitted • Samples are retained 30 days after report of analyses • Explanations of soil analysis terms are on the back of the yellow copy FERTILIZER RECOMMENDATIONS: POUNDS ACTUAL NUTRIENT PER ACRE Lab Number Sample ID Crop To Be Grown Yield Goal Lime, ECC Tons/A Nitrogen N Phosphorus PA Potassium K,0 Zinc Zn Sulfur S 1110 Curine -- --_ _. _ _. _ ---395 i:�_ iv .ii v1 tY^.i-i GRASS -NEW REED �.]�]�-:`: i._1•� _ REED �.i - T .� 23 0 0 0 0 0 0 0 SPECIAL COMMENTS AND SUGGESTIONS: CATION EXCHANGE CAPACITY CEC %H %K %Ca %Mg %Na 83 SAMPLE(S): WB0395 S _ b_ _1 nitrate _dT_l_= in 24 or �u 'c hP rNi improve the accuracy _, nitrogen re--ei_a1iont. Contact _ _ laboratory- further deT_ai_ r. Analyses are representative of the samples submitted • Samples are retained 30 days after report of analyses • Explanations of soil analysis terms are on the back of the yellow copy Servi-Tech Laboratories 1602 West Drive, Hastings, Nebraska 68902 P.O. Box 169 Fax (402) 463-8132 Phone: (402) 463-3522 4*:13,,/ SOIL ANALYSIS REPORT SENT TO: H.B. MILAGRO LANDSCAPES AND RECLAMATION 3758 C.R. 301 PARACHUTE, CO 81635 LAB NO: INVOICE NO: DATE RECEIVED: DATE REPORTED: 43875 N622196 08/17/95 O8/18/95 Results For: FIELD ID: TOPSOIL -LEAST _ WBO395 Sample I0: Soil pH CROP: GRASS -NEW SEED YIELD GOAL: 3 T SOIL PLUS GRAPHICAL INTERPRETATIONS Strongly Acidic Acidic Alkaline --- 4.O ----- 5.O ----- 6.O ----- 7.O ----- 8.O -- 8.3 MEZIMIMEMEMEHREIMENIMESMENRililillEMMEMENIMMEINMERIENEININEMEZIEMENEEll MOBILE NUTRIENTS: Percent Of Crop Requirement ---------- 5O % 100 % ------ 150 % ------ 200 % Nitrate -Nitrogen: Total: 0- 8" 5 lb/A ONEQ Sulfur: Total: O- 8" 48 lb/A IIMISIIREISMISEINEESIMMIIIIIIilliiinEMMIIIIMEERMIERNMEMMINUIEHMENEHMITIMEHERIONN Sodium, % Na 1 IMAINIIIMNIERD SOIL ANALYSIS REPORT CLIENT: H.B. MILAFiR0 LANDSCAPES AND RECLAMATION 3758 C.R. 301 F rei=°ACHU r . CO 21635 Servi-Tech Laboratories servi tech 1602 Park West Drive, Box 169 Hastings, NE 68902 Phone 402-463-3522 FAX 402-463-8132 LAB NO: INVOICE NO: DATE RECEIVED: DATE REPORTED: - k622..9:6 08-18-95 SOIL ANALYSIS RESULTS FOR: 1:1 FIELD IDENTIFICATION: UNDIS I URBLDt sp 1:1 Med. C.B.,Salicy is Acid Mehiith 3 Attoniu Acetate MCI rIVv.7 Lab Number V.... Sample ID Sample Depth" Soil pH Buffer pH Sol. Salts mmho/cm ! Excess Lime %Organic Matter Nitrate -Nitrogen ppm Ib. N/A Phosphorus ppm P Potassium ppm K Sulfur ppm Ib. S/A Calcium Ppm Ca Magnesium ppm Mg Sodium ppm Na Zinc ppm Zn Iron ppm Fe Manganese ppm Mn Copper ppm Cu - - - 3 __ : 80195 0.- 8 8.0 epi 0.61-1.1 it 0 _ 0 13 157 11/ 231 ._ _ .' : 268 .. 1 _ . i. .: :. _. 4.3 _ ... CATION EXCHANG CAPACITY E CEC %H %K %Ca %Mg %Na' SPECIAL COMMENTS AND SUGGESTIONS: SAMPLE (S) ; 480195 further oeLdi.i. e laboratory for Analyses are representative of the samples submitted • Samples are retained 30 days after report of analyses • Explanations of soil analysis terms are on the back of the yellow copy E FERTILIZER RECOMMENDATIONS: POUNDS C T U L NUTRIENT PER ACRE Lab Number Sample ID Crop To Be Grown Yield Goal Lime, ECC Tons/A Nitrogen N Phosphorus P2Oz Potassium K20 Zinc Zn Sulfur S i-; q 0l _ Mn - _ 31Ei0 95 _;.__...: CRASS—NEW — 25 30 epi 2 it 0 _ 0 CATION EXCHANG CAPACITY E CEC %H %K %Ca %Mg %Na' SPECIAL COMMENTS AND SUGGESTIONS: SAMPLE (S) ; 480195 further oeLdi.i. e laboratory for Analyses are representative of the samples submitted • Samples are retained 30 days after report of analyses • Explanations of soil analysis terms are on the back of the yellow copy Servi-Tech Laboratories 1002West Drive, Hastings, Nebraska 68902 P.O. Box 169 Fax (402) 463-8132 Phone: (402) 463-3522 SOIL ANALYSIS REPORT SENT TO: H.B. MILAGRO LANDSCAPES AND RECLAMATION 3758 C.R. 301 PARACHUTE, CO LAB NO: INVOICE NO: DATE RECEIVED: DATE REPORTED: 43873 N622196 O8/17/95 O8/18/95 Results For: FIELD ID: UNDISTURBED 0B0195 � ' _� �_�� ��mo�|����; CROP: GRASS -NEW SEED YIELD GOAL: 3 T Soil pH SOIL PLUS GRAPHICAL INTERPRETATIONS MOBILE NUTRIENTS: Nitrate -Nitrogen: Total: O- 8" Sulfur: Total: O- 8" Sodium, % Na 8.0 2 lb/A 281 lb/A Strongly Acidic Acidic Alkaline --- 4.0 ----- 5.0 ----- 6.0 ----- 7.0 ----- 8.0 --VIMISMIMEREEINISMEMINUMMEMMINHOMMIMITENERINEIMEMBOMEREIIIIMERREI - Percent Of Crop Requirement % ------ 100 % ------ 150 % ------ 200 % Suitable -------- Caution -------- Warning ---- DISTRICT COURT. WATER DIVISION 5. COLORADO CASE NO. 93CW104 = = = = = = c = = = = = = c a = c = AMENDED RULING OF REFEREE IN COIL?,:NED COURT GARFIELD COUNTY, CO NOV 3 0 1993 =====&z n a===sass= CLiRk a = = . = = = a = = = = . = = = a'= = . = = = = = c =sac = = =sac = IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: WESTBANK RANCH NO. 1 LTD.. A Colorado Limited Partnership, IN THE ROARING FORK RIVER, IN GARFIELD COUNTY aaams=aaa========c=====."2. ==a.a= ===II=== =amaaa3== MMM -MMM a ======== The above entitled Application was filed on April 28, 1993, Amended twice. and was referred to the undersigned as Water Referee for Water Division No. 5. State of Colorado, by the Water Judge of said Court on the 7th day of May, 1993. in accordance with Article 92 of Chapter 37. Colorado Revised Statutes 1973, known as The Water Richt Determination and Administration Act of 1969. And the undersianed Referee having made such investigations as are necessary to determined whether or not the statements in the Second Amended Applic,3tion are true and having become fully advised with respect to the subject matter of the Second Amended Application does hereby make the following determination and Ruling as the Referee in this matter, to -wit: The statements in the Second Amended Application are true. 1. The name of the applicant is Westbank Ranch No. 1 Ltd., a Colorado limited partnership. whose address is 0235 Oak Lane, Glenwood Springs, Colorado 81601, telephone (303) 945-6190. Attorney for applicant is Lillie G. Burchfield, 2800 Midland Avenue, Suite 107 B/C. Glenwood Springs, Colorado 81601, (303) 945-8818. PLAN FOR AUGMENTATION 2. (a) West Bank Ranch Filing IV Well Nos. 1 through 8. Each of the wells will be located in any one or more of the following_ 1/4:1/4 sections: T 6 S. R 89 W. 6th PM. Section 35 - SE1/4, SE1/4; SW1/4, SE1/4; SE1/4. SW1/4: and SW1/4. SW1/4. T 7 S. R 89 W. 6th PM. Section 1 - SW1/4. NW1/4; NW1/4, SW1/4. T 7 S. R 89 W. 6th PM. Section 2 - NE1/4. NE1/4; NW1/4, NE1/4: SW1/4. NE1/4; SE1/4. NE1/4; NE1/4, SE1/4. NW1/4, SE1/4; NE1/4, NW1/4, SE1/4. NW1/4. Note all 3 sections described are irregular sections. Before utilizing wells, applicant will apply for proper well permits and state engineer's office shall evaluate pursuant to C.R.S. 30-90-137 (1) and (2). (b) The Applicant will augment up to 0.25 cfs (112.5/gpm) from any one or more, or a combination of. the above described wells. The use of said 0.25 cfs will be for domestic, ..rr-igation, to include incidental storage and fire protection. (c) Westbank Ranch P.U.D. Filing IV, will consist of 100 single family units with an average of 2,500 square feet of home lawns an gardens each. Applicant's engineer has determined that each dwelling will use 400 gpd for domestic purposes and the consumptive use will be 50% due to soil conditions and the proximity of the P.U.D. to the Roaring Fork River. The engineer has also determined that the consumptive use of the irrigated areas will be 2.34 AF/A. However, again due to the soil conditions and the proximity of the P.U.D. to the Roaring Fork River together with an expected application rate of 4.0 AF/A, a consumptive use of 3.0 AF/A will be augmented. Therefore, the total consumptive use for domestic purposes is calculated to be 20.16 AF/yr and the total consumptive use for irrigation (5.74 acres) purposes is 17.22 AF/yr. Said total of 37.38 AF will be made available from the augmentation source. The Applicant reserves the right to adjust the consumptive use numbers later if the calculations can be proven inaccurate. Releases will be made from Ruedi Reservoir according to the following schedule: Irrigation Domestic Month C.U. (Acre Ftj C U. (Acre Ft) TOTALS January 1.711 1.711 February 1.556 1.556 March 1.711 1.711 April 0.765 1.656 2.421 May 3.217 1.711 4.928 June 3.985 1.656 5.641 July 3.818 1.711 5.529 August 2.511 1.711 4.222 September 2.132 1.656 3.788 October. 0.796 1.711 2.507 November 1.656 1.656 December 1.711 1.711 17.224 20.157 37.381 3. Applicant shall keep a monthly accounting as required by the Division Engineer. 4. Source of augmentation is Ruedi Reservoir whose source is the Fryingpan River and its tributaries. Ruedi Reservoir is an on Channel Reservoir located in the NW1/4 NE1/4'of Sec. 18, T. 8 S, R 84 W. of the 6th P.M. Ruedi Reservoir was originally decreed for 140.697.3 acre feet in Civil Action No. 4613. Garfield County District Court on June 20, 1958, with an appropriation date of July 29. 1957. for hydroelectric power generation, irrigation, municipal, domestic. industrial, ujscatorial, and stock watering uses. Subsequently, in Case No. W-789-76, Water Division No. 5.the amount of water decreed to Ruedi Reservoir was reduced from 140.697.3 acre feet to 101. 369 acre feet. Applicant has a water allotment contract with Ruedi Reservoir for 40 AF for domestic, irrigation, incidental storage and fire protection purposes. See attached contract No. 930428W. The Referee finds that when a "call" exists on the Roaring Fork or Colorado Rivers, depletions caused by Applicant's Wells will be compensated for by releases from Ruedi Reservoir up to 40.0 acre feet of water annually. The Plan for Augmentation requested will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right, and the Plan for Augmentation should be approved. The Referee does therefore conclude that the above application should be granted and the above described Augmentation is hereby approved. The Ruling of Referee dated September 21, 1993 vacated. It is accordingly ORDERED that this Ruling shall with Water Clerk subject to Judicial review. entitled Plan for is hereby be filed It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated y/ ive---.L, 3 i /]'93 BY TGEFEREE: Water Referee Water Division No. 5 State of Colorado Copy of the foregoing maiped to all Counsel of r cord Wate — ea Div. En•ineer— n at Engineer oatela.•ol 93 :+puty irk. Wttt« Div. No. 5 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 this Plan 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 calendar years succeeding the year in which this decision is rendered. Dated Tater Judge Q3 Ced/off int: •;�. Quantity of water in acre feet 40 Applicant, hereby applies to the West Divide Water Conservancy Diatrict7, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. r ll�•••1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant. hereby agrees to the following terms and conditions: 1. Water Rights Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented by water leased herein. If Applicant intends to 'divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the State Engineer. 2.uantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available' and the Applicant fully complies with all of the terms and conditions of this contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow rights to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires leas water than the amount herein'provided,.it may so notify the District in writing, and the amount of water allotted under this contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547'between the United States and the West Divide Water Conservancy District). 'Applicant's beneficial use of any and all water allotted shall be within or.through facilities or upon land owned, leased, operated,, pr under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of Contract i RSO_ (#i I32 - Map ID t Date Act vats5-.-b WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: Westbank Ranch. No. 1 Ltd, -1- .diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (December' 31), shall revert to the water s'uppliee of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any'conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an, alternate point of diversion, (though not at the original point..of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. • 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility. of Applicant. The district reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to'serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in'water rights contemplated herein and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Annual Payment: Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment -2- Annual payment for the eater service described herein shall be determined by the Board of Directors of the District at a per acre -Coot tate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the nater delivery year to which the initial payment shall apply and the price which is applicable to that year.ble Annual the Applicant for roneachbeyear eachear January 1. It an annual payment shall be due and payable ment is not made by the due date, written notice thereof will be Bent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has beenso e address set writing,in herein. d notice shall be sent to Applicant's Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further' right, title or interest under this contract without further notice and delivery may be immediately be transferred, leased, allotmentnd the of leased, orotherwi edisposed of herein atthe discretion of the Board of Directors of the District. 7. Securit i As security ye to the District, of vatthe e dforegoing ivery, ent o met ann ual annual budget and appropriation of delivery, will be fully met by funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will uasi-governor nt l entity, rctother got and vernmental corporation, q Applicant for discontinuance h Inserviceherein contemplated fon ha Applicant to maintain the payments current basis, Applicant agrees to defray any .out-of-pocket expenses incurred by the District in connection w thhreimbursement wate r rights hereunder, including, limited to,wateror legal and engineering costs incurred in connection with any rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assi nmentr This agreement shall inure to the benefit of the e re, successors or assigns of the parties hereto, except that no assignment, shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by twno (event or more shall use the rs ofothe a er r right allotted hereunder. nbe sortion, buterved under lthisthan contract,all,ohaveo any frights icantthereunder. to Any assignment of the Applicant's rights under this contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors. Nothing herein shall prevent successors soorstheDiotaiportion of Applicant's property from applying individual and separate allotment contracts. - 9. Other:Rulest Applicant shall be bound by the Provisions of a iter Conservancy, Act of Colorado by the rules and reulatons of rs of amendmentsi thereof hand asupple erntsotheretooannds by all and allother applicable law. 10. Operation and Maintenance Agreement! Applicant shall enter into an 'Operation and Maintenance Agreement' with the District under terms and conditions determined by the Board of Directors of the District, if and when, the Board of said District -3- • determines in its sole discretion that such an agreement ie required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary co sideation for additional extension of District delivery services acosts istoa then,Distr District which may arisece through; other services made available to the Applicant. 11. Chance of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use forthChereinaorr anyotted leasehereunder. ofAny theuse waterother or than that the water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in submittedhe to manner District ate then tmet' his ribed in agreemntheisdocuments executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, ehall be deemed to bo a material breach of this agreement. 13. Titles It is understood and agreed that nothing • herein legal feel titleninterrest in reted to oiretothe a yApplicant orany waterequitable rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and rees conservations aadopted dhereafter abyathe tDistrict o be ufor und se any District owned or controlled water or water rights. -15. Restrictions: Applicant shall restrict uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material broach of•thio agreementii -:... Use Annual Maximum Diversion 1/3 acre Coot 1 - 3 acre feet 1 acre Coot/100 head 2 - 3 acre feet/acre Household Domestic (includes lawn) Livestock (cattle) Irrigation 16. Well Permit: If Applicant intends to. divert through a well, then Applicant must provide to District a copy of Applicant's, *valid well permit before District is obligated to deliver any water hereunder. 17. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties,.or assurances whatsoever about the quantity or quality of water available pursuant to this agreement. should the District be unable to provide the'water contractd e Distrl t,enoromay Applicant obtainr herei,n, no s a may assessed from thedDistrictt the • 18. Costs of Water Court Piling: Should the District, in its own disctetlon, choose to include Applicant's contract herein in a water court filing Cor alternate point of diversion or planof augmentation, henassessed,, anpadditionallicant rfes representiagrees to ngythe to the Diss trict, District's actual and reasonable coats and fees for Applicant's share of the proceeding. -4- 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto bo incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. WESTBANK RANCH NO. 1, Ltd.P cANT:WESTBANK DEVELOPMENT CO.( INC, A Colorado Limited Partnership �y Gener 1/.a ing;P el AJ LI NT ASU Jr, f prdSj., ntt PP ank s-yexopment Co,, Inc.. 025 Oak Lane Glenwood Springs, CO 81601 STATE OF COLORADO COUNTY OF GARFIELD Oft ST1 NA TERLIAM18 65. The foregoing instrument was acknowledged before me on his �' — day of Q e_, , 1S/J, by (khn Nuebi jfY'1 Jam. . Witness my hand and official seal. My commission expires: auc:u.at )I) 15,3 Notary public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. 'f EST: C � ecretary WEST DIVIDE WATER CONSERVANCY ISTRICT By Presidenti, A 3 Date This contract includes and is subject to the terms.and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided); 2. Application and Data Form fully completed and signed 3. Other -5- P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z4NC4NELL4 4Nf) 4550CI4TES ENGINEERING CONSULT4NTS December 16, 1994 Greg Akins Drinking Water Program Water Quality Control Division 4300 Cherry Creek Drive South Denver, Co 80222-1530 RE: Potable Water Treatment Plant PWSID 12383, Garfield County Dear Mr. Akins (303) 945.5700 (303) 945-1253 Fax As per your letter of March 8, 1994 a sample of water was sent to T & R Laboratory for a microbiological particulate analysis. The test results are attached. Please provide us with a letter granting final approval of the Westbank Ranch Filing #4 water system that we can submit to the Garfield County Planning Department. If you have any questions, please call our Glenwood Springs office at 945-5700. Very truly yours, Zancanella and Associates, Inc. Terri Lance Geologist cc: John Huebinger Jerome F. Gamba Mark Bean - Garfield County Planning TLL/93502 FROM : ENVIROMENTAL PROCESS CONTROL 3 PHONE NO. : 303 963 2725 POT 1 £aboratonu "Specializing in Microscopic Parte:u1r e _Analysis" P.O. Box 756 • Clifton, Colorado 81520 ' 03) 434-6197 MICROSCOPIC PAI. r1CUI.ATE Af1111,YSIS '*include a copy of Sample Collection DATA SHI�ET whop reportit these results to the Colorado & Iry . Date ()cloth GROUND WATER SOURCE West() Treatment Plant 1 PWSID 1991 V LAB REFERENCE # 10 I Centrifugate C a0(: ml)100 gal MICROORGANISMS CROS^ (numbers Algae Diatoms r Nernatodes Nematode eggs/larvae Crustaceans Arthropods Ciliates Flagellates Coccidia Plant Debris Pollen Other { TOTAL COUNT 1 WATER TREATMENT PLANT FVALLJATION PERCENT Centrifugate Removal Microorganism Removal '*include a copy of Sample Collection DATA SHI�ET whop reportit these results to the Colorado & Iry . 6°L,c\C4/ County Commissioners Garfield County, CO 109 8th Street Glenwood Springs, CO 81601 Dear Sirs: RECTILTID WESTBANK RANCH AUG 1 5 1995 Homeowners Association P.O.Box 2703 Glenwood Springs, CO 81602 Date: July 10, 1995 COM111100145)4 The Board of Directors of the Westbank Homeowners Association is concerned over the future of the road cut leading up to the new housing development (Filing five). We have been receiving pressure from the existing homeowners in this community over the apparent lack of effort to revegetate the adjacent areas to the lead-in road. This project has become an eye -sore and there are fears that what you see, is what you get. Fortunately, any green that you do see can be attributed to our unusual wet weather. If nothing else is done, we anticipate that the previous minimal attempts to vegetate will not be evident in a year or two. We have recently learned, that nature will bring a construction area back to original growth and vegetation. The problem is, in this climate, it takes at least 125 years. We have been working with David Michaelson in the planning office on this and other projects. He has some pertinent data that you should be aware of. The Board of Directors and the other 225 eligible voters in this community are looking toward the Commissioners for pressure and,t►elp in compliance of the revegetation requirement. You can count on us to work with you to resolve this issue. ig/( Richard C. Weinberg Secretary, WBHOA cc: D. Michaelson, Planning Dept. June 4, 1997 GARFIELD COUNTY WEED AND PEST 109 8th Street, Suite 307 Bus: (303) 945-7437 Glenwood Springs, CO 81601-3303 (303) 625-5571 TO: Garfield County Board e f Commissioners FROM: David K. Gallagher Re: Westbank Subdivision Improvement Agreement (copy attached) I scouted and inspected the above site on Monday, June 2, 1997. I followed the same procedure as stated in my September 21, 1995 inspection. Existing grass stands have increased at least 10%. That's good! No problem broadleaf weeds or invasive grasses are present. An occasional Yellow Blossom Sweet Clover Plant is present, which actually reduces slope erosion; therefore, it does not present a problem. The bottom bowl area is practically weed free. Only a few Curled Dock plants exist. A real improvement over 1995! The only problem area is at the very entrance and continuing approximately 50 yards on both sides. Russian Knapweed, adjacent to the irrigation ditch, and Musk and Canada Thistle on both sides are present. I would suggest that when County Road 109 is sprayed next week, the above small area be treated by the County, with reimbursement to Garfield County from the subdivision. Mr. Huebinger has agreed to this proposal. In summary, the subject site is no longer in need of revegetation, and all previous landscape requirements have been met. Thank you. cc: Chuck Deschenes, Garfield County Administrator Mark Bean, Garfield County Building and Planning Director WEED & PEST MANAGEMENT = AESTHETICS•SAFETY• WEED CONTROL• ECONOMICS • 10/12 '95 16:21 . ID: FAX:970-9259369 EXHIBIT A TO: Mark Bean Garfield Building & P FR: David K.Gallagher RE: WEST BANK RE -VEGETATION REPORT PAGE 2 GARFIELD COUNTY WEED AND PEST But: (3031 9.46.7437 109 8th Strut, Suits 307 B6:2S-0716:2S-071Gle�nwod Springs. CO 81601.3303 (3�] ) ' October 4,1995 The above area was scouted and plant inventory recorded, on Se tember 21,1995. The following is a report of re -seeded P ,I' grasses. 0 I divided the area by w The UPPER -I/ ave- UPPER i•AND LOWER 7. per square foot. The LOWER 1S raged three ( 3+) grass Plant: ecztg ed five (5) gra::s plan .s per. square foot. Predominate grad ss pis Creaste'd and Inter�ned�e�entedatROthsUi'PER'nandn Pubescent wheatgrass is also rep m LOWER grass stands wero .in advanced stages .and shattering>,oth seeds that will bet 1996 seedlings. Undesirable leap road. in areas are few except in bottom six (6) rtt oath tie to summary, l:he stec:l� banks will. continue o improion is provided. present grass varieties es provided irriq: In I.he bottom bol arca where: gravel and disturbed soil is 0present, the most serious problems exist. The following i.s talo the plant inventory for t.h; t arca. m k 1 Curly Dock Yellow Sweutclover Curly t P't'* u, White Swcetclovur qweed ) Canada Thistle k Russian Knapweedi iBrush Plumless Thistle k m Rabb t Musk Thistle * Prickly Lettuce Common Mallow Curlycup Gumwet:d NProstrate Pigwed:d Russian Thistle Prostrate Pigwc''ed p Koe:hia Common Mullein k Downy Brume All species are well represented. Perennial`nde filnnial species l. az-Lidenotedwith a star, and are appy . P iaLe( ear to be Erasion control methods at time of re -vegetation app working adequatelY. CC to BOCC Page 3 of 3 FARM DATE LAST SCOUTED / -2 7-1 CROP MONITORING WORKSHEET W N DATE ' r 7 ( BY CROP: S G' DE, LOPMENT: /9 FIELD: PRECIPITATION: SOIL MOISTURE: SCOUT • FOR: LE ONE OR MORE SES INSECTS �ERBICIDE INJURY POPULATION CHECKS: LEAF STAGE: YIELD ESTIMATE: AVG. PLANTS PER ACRE: PROJECTED YIELD PERACRE: BUSHELS RECOMMENDATIONS: OTH• OBSERVATIONS & COMMENTS• Proeuct x1027: Pane Mom,' Otts,'a. P.O. Box 340. vintcn. Iowa 52719 Pnonn 1.800-788-7218 Copyngnr 1993 Farm roma OftIces 484312 B-955 P-953 10/17/95 10:33A PG 1 OF 4 REC DCC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT f� This Amendment to Agreement is made and entered into this /La day of October, 1995, between WESTBANK MESA LIMITED PARTNERSHIP, a Colorado limited partnership, (Owner) and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, (County). WITNESSETH: WHEREAS, on May 11, 1994, the Owner and the County entered into a Subdivision Improvement Agreement pertaining to certain property described in Exhibit A to the Agreement, which Agreement was recorded in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No. 463061 in Book 902 at Page 274 (Agreement); and WHEREAS, the Agreement required the Owner to construct certain improvements upon the property the subject of the Agreement, including landscaping of portions thereof; and WHEREAS, paragraph 2 of the Agreement, required the Owner to deliver a letter of credit as security for the construction of the improvements, including landscaping, and also allowed the Owner to substitute other collateral acceptable to the County for collateral to secure the completion of the improvements; and WHEREAS, the Landscaping as required by the Agreement and as specifically set forth in Exhibit C to the Agreement is presently inadequate as appears in report of David K. Gallagher attached hereto as Exhibit.A; and WHEREAS, the Owner has agreed to extend the compliance period of the Agreement to May 11, 1997; and WHEREAS, the Owner has agreed to retain on deposit with the Treasurer of the County of Garfield, State of Colorado the sum of S10,000.00 as security for the completion of the landscaping. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES AND THE FOLLOWING MUTUAL COVENANTS AND AGREEMENTS, THE . PARTIES HEREBY AGREE AS FOLLOWS: .r 1. As security for the fulfillment and completion of the landscaping, the Owner shall retain on deposit with the Treasurer of Garfield County, Colorado the sum of S10,000.00. This sum shall be so retained until the County receives a notification in writing certified by the landscape • professional executing the document attached to the Agreement as Exhibit C that such landscaping Page 1 of 3 7s3 1 484312 3-955 P-954 10/17/95 10:33A PG 2 OF 4 is complete and is no longer in need of revegetation. Said certification shall be concurred in by the office of the Planner of Garfield County, Colorado. 2. The compliance period of the Agreement is extended to May 11, 1997. . 3. Except as herein provided, all other terms and conditions of the Agreement are hereby ratified and confirmed. 4. The Owner shall record an executed copy of this Amendment to the Agreement with the office of the Clerk and Recorder of Garfield County, Colorado. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year set opposite the name of each. Date: /0 - / 6 - 1 i . Date: JD Attest: . Clerk to the Board WESTBANK MESA LIMITED PARTNERSHIP By: D.V. DEVELOPMENT CO., INC. a Colorado corporation, , ; General Partner • L . By: hn Huebinger,Pre dent BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Page 2 of 3 WESTBANK P.U.D. REVEGETATION PLAN In a mountain development such as 44estbank Ranch P.U.D., a successful revegetation plan will be one that imitates the existing landscape elements. Revegetation potential will be quite good over most of the disturbed areas due to the north- ern exposures of the slopes. Through the use of native mat- erials, a greater degree of revegetation success will result, both aesthetically and environmentally. Aside from the obvious visual benefits, vegetated slopes represent stablized slopes and provide an almost immediate vegetative cover to aid in erosion control. Special efforts will be taken to minimize the visual and environmental problems created by the construction of the ac- cess road which will serve Westbank Ranch P.U.D. During the actual construction of the road, temporary measures will be taken to control erosion that results from the disturbed slopes. Disturbed areas will be revegetated in an effort to reduce the visual impact and increase the soil stability. The principal areas of concern in this revegetation plan are minimizing erosion, stabilizing slopes to prevent slumping and maintaining the aesthetic quality of the existing landscape. It is the purpose of this plan to use the existing vegetation conditions and then suggest mitigating measures to be integrated into the development process to minimize the visual and envir- onmental impact of construction. Special attention is given to methods that will control erosion on exposed slopes and decrease runoff from the site. FINISH GRADING Prior to revegetation planting or topsoil placement, all cut or fill slopes will be contoured to approximate and blend with existing adjacent terrain. Various slope molding techni- ques will be used to enhance the aesthetic quality of the dis- turbed slope, while maximizing the revegetation potential. All cut and fill slopes will be rounded at the head, with fill slopes also being rounded at the toe to blend with the existing terrain. Additionally, where soils and steepness of slope permit, terraces will be constructed to aid the growth of new transplants on the slope. All topsoil, including existing vegetation, from excava- tion areas will be stockpiled with adequate precaution taken for erosion control. The incorporation of plant material into the topsoil will aid in erosion control and once the topsoil is respread, perhaps, the plant material will renew its growth. All available topsoil will be respread on disturbed areas to insure seed germination and serve as a mulch layer. Where soil texture is desirable for plant growth as determined by the Land- scape Architect, topsoil may not be respread if supplies are limited. Mulch and fertilizer will be applied to the subsoil layer to increase its revegetation potential. SEEDBED PREPARATION Seedbed preparation involves several growth promoting factors 'which are necessary to establish an effective grass stand. Cut slopes of exposed subsoil should be scarified to break up the earth's surface. Additionally, the subsoil will be conditioned with mulch and fertilizer to improve the revegetation potential. By conditioning the subsoil with mulch, the water retention capacities of the soil will be increased. The addition of fer- tilizer will augment the fertility of the exposed subsoil. SEEDING TECHNIQUES Several approaches to seeding are available. However, it is recommended for the proposed site that the most feasible approach to achieve successful revegetation would be a combin- ation of hydroseeding and drilling. Drilling will be used on slopes of 3:1 or less with the remaining area to be hydroseeded. Hydroseeding will be done in two operations. The seed will be applied in a water and light mulch slurry after which mulch will be applied to cover the seed. This two step approach eliminates the disadvantage that hydroseeding has traditionally had in non -irrigated sites. In this method, the seed is covered instead of suspended in the mulch. Drying does not tend to lift the seed away from the soil. The seed mixture specified below will be applied at a rate of 30 lbs. per acre to all areas of disturbance. Unless other- wise approved, planting of the approved seed mixture will occur in late fall, preferrably just prior to snowfall. Seed Variety Lbs/Acre Fairway Crested Wheatgrass 6.0 Intermediate Wheatgrass 6.0 Kentucky Bluegrass 3.0 Meadow Brome 6.0 Pubescent Wheatgrass 6.0 Timothy 3.0 30 lbs/acre SEEDLING TRANSPLANTS To assure diversity and microclimate for seed establishment and assure survival, it is recommended that container grown seed- lings (young plants which are grown from seed) be planted on all disturbed slopes in addition to planting. The initial size of the plant will do more to create a microclimate and increase soil stability due to its developed root system than the same material planted as a seed. Seedling transplants provide a more success- ful way of introducing native vegetation into the landscape than from seeds. In addition, seedlings have been selected due to their superior survival capabilities in native planting situ- ations as well as their cost efficiency which allows for more extensive plantings. The seedling mixture will vary with respect to existing materials found on the site. Seedling transplants will com- plement the sagebrush, shrub landscape found on the bench, while Rocky Mountain Juniper and Pinyon Pine will dominate the planting in the drainage gulches. Seedlings should be planted in early spring or late fall, along with, but preferably prior to seeding operations. It is recommended that 1,000 seedlings per acre be planted in des- ignated areas. AFTER SEEDLING TRANSPLANTS The following plant materials will be used in varying quan- tities based on the existing materials found on the site. Rocky Mt. Juniper (Juniperus scopulorum) Pinyon Pine (Pinus edulis) Big Sagebrush (Artemisia tridentata) Rabbitbrush (Chrysothamnus nauseosus) Silver Sage (Artemisia cana) MULCHING Mulching will aid the revegetation process by modifying soil temperature and conserving moisture. On slopes less than 2:1, hay or common straw will be applied at a rate of 11 tons per acre. Mulch will be crimped into the surface of the soil with a disc or protected against wind displacement by Terra Tack II, a commercial tackifier. On slopes greater than 2:1 or in excess of 50', hydromulching will be used at a rate of 1500 lbs. per acre. On areas susceptible to excessive water erosion, such as natural drainage onto exposed slopes, jute mesh erosion blan- ket will be used. FERTILIZER Fertilizer will be used to supplement the inherent nutrient level of the topsoil. The amount and type of mixture needed will be determined by a future soils test of'the on-site topsoil. As a general reference, a 20-10-10 ratio fertilizer will be applied at the rate of 200 lbs. per acre following the germination of the seed. (":771-' tkEehL4.6, 15A051C. COtie5TF-Uctiori • -5 lore, rouya crealei, a_ wore, nal-wAl extii udra_to-yk. . s yapid mvele_lat)'m [vircit ot- the. d.),A.W t2Y?OL. 1201.11-kiDtriCi • • Ya�;a1 ani lh CIA And fill hlr xs Uxta. -', a more, rethAyal aid va1,4 u51i9uxah cm • Rcak cci -51.orcs ihcxeasc, ro d ccb rfcriicl l 0:31.0V -E. VAVAIMArkoX -retzvocktici ESTIMATED COST IN 1979 DOLLARS SEEDING Alternative I: Hydro -seeding Alternative II: Drill seeding MULCHING Alternative I: Hydro -mulching Alternative II: Straw Mulch with Terra Tack II SEEDLING TRANSPLANTS 1000/A @ $1.50 FERTILIZER $ 350/A 250/A 575/A 685/A 1,500/A 50/A WESTBANK RANCH PLANNED UNIT DEVELOPMENT MODIFICATION AND WESTBANK RANCH FILING #4 RESUBDIVISION Submitted for review by the Garfield County Planning Commission at the Preliminary plan hearing on 9 August 1993 In accordance with Section 4.12 of the Garfield County Zoning Resolution of 1978 and amendments thereto through 14 October 1991, the owners of the WESTBANK RANCH PLANNED UNIT DEVELOPMENT desire to modify several provisions of the plan. The modifications are being proposed because it is felt that the density of lot of the original plan in keeping with development that has occurred in the general area. Additionally, the difficulty in permitting and constructing sewage treatment facilities which would discharge to the Roaring Fork River has caused the construction of a central sewage collection system to be impractical. The modified concept provides Tots with sufficient space for a Targe single family home and onsite sewage treatment facilities to serve it. The lots are configured to take advantage of the natural views of the area. The development layout includes common open space which will be dedicated to the homeowners association. The proposed Westbank Ranch Filing #4 Resubdivision is illustrated on the following drawings: SHEET 1 OF 18 --PRELIMINARY PLAN TOPOGRAPHIC MAP SHEET 2 OF 18 --PRELIMINARY PLAN LOT LAYOUT AND DIMENSIONS SHEET 3 OF 18 --ZONE DISTRICT MAP SHEET 4 OF 18 --UTILITY PLAN MAP SHEET 5 OF 18 --DRAINAGE PLAN MAP SHEET 6 OF 18 --OVERALL ROAD PLAN MAP SHEETS 7 THROUGH 15 OF 18 --ROAD PLAN AND PROFILE SHEETS SHEET 16 OF 18 --SOILS GROUP MAP SHEET 17 OF 18 --RECONNAISSANCE GEOLOGIC MAP SHEET 18 OF 18 --RECONNAISSANCE GEOLOGIC HAZARD MAP PAGE 1 ;r ILAD COUNTY THE PROPOSED MODIFICATIONS TO THE EXISTING PUD PLAN ARE AS FOLLOWS: 1. Dwelling Type and Number The current plan contains 10 fourplex lots, 10 duplex Tots and 38 single family lots for a total of 58 lots with 98 dwelling units. The modified plan contains 63 single family lots and one multi -family, fourplex lot for a total of 67 dwelling units. 2. Lot Size The current plan contains Tots ranging from 0.44 acres to 1.94 acres, with 36 of the 58 lots being less than one acre. The modified plan contains lots ranging from a minimum of 1.0 acre to 14.26 acres, with the majority of Tots in the 2.0 to 3.0 acre range. 3. Site Plan The current plan calls for 81 dwelling units on the upper bench and 17 on the lower bench. The modified plan (see map) calls for 51 single family dwelling unit lots on the upper bench and 13 lots on the lower bench. Of these 13 lots, 12 are for single family dwelling units and one (number 64) is a multi -family, fourplex lot. In addition, it is proposed that duplex units may be permitted on any two adjoining Tots, subject to a conditional use permit being granted by the County, and the conditions listed here under "B. Uses, conditional". 4. Domestic and Irrigation water Supply The current plan anticipates expansion of the existing water system which serves Westbank filings I through III. The modified plan anticipates a system separate from the existing Westbank system, with water to be supplied from new well(s) to be drilled and augmented with Ruedi Reservoir water for which a contact has been obtained. A total of 40 acre feet of water is to be purchased from Ruedi Reservoir for the needs of the development. As a part of the water system development, sufficient irrigation water will be provided to allow for each residence to irrigate up to 2,500 square feet. Fire protection storage and hydrants will be incorporated in the domestic water system. A letter report and documents related to the purchase of water from Ruedi Reservoir are attached as EXHIBIT E. 5. Sewage Disposal The current plan anticipates the construction of a central sewage collection system and treatment plant. PAGE 2 The modified plan anticipates the use of individual, onsite sewage treatment and disposal systems. Each lot will be designed to accommodate the space necessary for a leach field disposal system as well as space for a second, "replacement" field. Percolation rate tests were conducted at four separate sites on the property which were representative of the soil condition of the development. The locations of the tests are illustrated on the RECONNAISSANCE GEOLOGIC MAP. The results of these tests are as follows: Test # 1 Test # 2 Test # 3 Test # 4 16.90 minutes/inch 10.37 minutes/inch 8.34 minutes/inch 14.46 minutes/inch All of these test results are acceptable for the construction of leach field systems for onsite sewage treatment and disposal systems. Individual percolation tests must be accomplished for each specific leach field site prior to construction. 6. P.U.D. Zoning Regulations The current P.U.D. zoning regulations are attached in EXHIBIT A. The modified plan anticipates changing the regulations to read as follows: Section I. A. To carry out the purposes and provisions of the Garfield County Zoning Resolution, Garfield County, Colorado and, particularly, Section 1 .04 of that title, as amended, the Westbank Ranch Planned Unit Development Zoning District is further divided into the following Zone District classifications: R/S.F. - Residential Single Family District R/M.F.2 - Residential Duplex District R/M.F.4 Residential Multi -Family, fourplex District O.S. - Open Space B. The boundaries of these Districts are illustrated on Sheet 2 of the maps. PAGE 3 Section II A. Uses, by right. 1.) Residential Single Family District - Conditional Use District One Single -Family dwelling per lot and customary accessary use including buildings for shelter or enclosure of small animals or property accessory to the use of the lot for single-family residential purposes and fences, hedges, gardens, walls and similar landscape features. 2.) Residential Duplex District One structure on two adjoining lots, containing up to but not more that two dwelling units and customary assessory use including buildings for shelter or enclosure of small animals or property accessory to the use of the lot for multi -family residential purposes and fences, hedges, gardens, walls and similar landscape features. This district will include all areas platted as within the residential single family district. The development of a duplex structure on two adjoining lots will be subject to the conditional uses listed below in "B. Uses, conditional". 3.) Residential Multi -Family, fourplex District One structure per lot, containing up to but not more than four dwelling units and customary accessary use including buildings for shelter or enclosure of small animals or property accessory to the use of the lot for multi -family residential purposes and fences, hedges, gardens, walls and similar landscape features. B. Uses, conditional Any person or legal entity who owns two adjoining lots within the single family district, may at the time of application for building, elect to construct one duplex unit, subject to the following restrictions: 1) The building setback on the lot line separating the two adjoining lots will be set to zero feet. 2) The duplex will be required to occupy some portion of both lots, and straddle the adjoining lot line. 3) The construction of a duplex on any two adjoining lots will be required to maintain all building setbacks, other than the above mentioned zero setback on the adjoining lot line. No variance from county standards will be permitted on other setbacks. 4) The construction of a duplex on any two adjoining lots will not be permitted without the owner showing reasonable proof that such development will not adversely affect the adjacent lot owners view. 5) A conditional use permit shall be required of anyone wishing to build a duplex within the development. PAGE 4 C. uses, special None D. Minimum Lot Area One acre E. Maximum Lot Coverage 15 percent F. Minimum Setback Front yard 25 feet Side yard 10 feet Rear yard 30 feet G. Maximum Building Height 25 feet H. Off -Street Parking Four (4) off-street parking spaces per dwelling unit or one (1) space per 600 square feet of living space floor area, which ever is greater. Section 111 Except as hereinabove provided, and except for the following sections of the Garfield County Zoning Resolution, all provisions of the Garfield County Zoning Resolution shall be applicable to the Westbank Ranch P.U.D. Zoning Districts. The Sections of said Zoning Resolution which shall have no applicability are as follows: Section 3.00 through 3.11.09. 7. Roads The primary road through the development, HUEBINGER DRIVE, will be designed and constructed in accordance with the standards for a MINOR COLLECTOR road from the entrance on County Road #109 to the intersection with OLD NATIVE LANE. The remainder of HUEBINGER DRIVE, all of OLD NATIVE LANE, DOLORES CIRCLE and NATIVE LANE will be designed and constructed in accordance with the standards for SECONDARY ACCESS roads as defined in Section 9.35 of the Subdivision Regulations of Garfield County, Colorado. The roads are illustrated on SHEETS 6 THROUGH 14 of the drawings. PAGE 5 8. School/Parks Dedication In accordance with Section 9.80 of the Subdivision Regulations of Garfield County, Colorado, as amended, the Westbank Ranch P.U.D. owners will cooperate with the Board of County Commissioners to appropriately compensate the county for the reasonably necessary public facilities, in the nature of schools and parks required by the future residents of the P.U.D. 9. Phasing The current plan anticipated the development of the project in two phases. The modified plan proposes to develop the property in a single phase. 10. Adjacent Property Owners The property owners of adjacent land, of record in the office of the County Assessor, as of 15 June 1993, are listed in EXHIBIT B. 11. Acreage and Dwelling Unit Summary ACRES DWELLING UNITS Residential/Single Family District 145.86 63 Residential/Multi-Family fourplex District 6.95 4 Road Right -of -Way 14.74 0 Open Space 117.53 0 TOTAL 285.08 67 GROSS DENSITY NET DENSITY OPEN SPACE PERCENTAGE = 41 .23 0.235 DWELLING UNITS/ACRE 0.438 DWELLING UNITS/ACRE 12. Homeowners Association A homeowners association shall be formed at the time of final platting of the P.U.D. modification and Resubdivision. The purposes and powers of the association shall include: 1. To promote the health, safety and welfare of the owners of real property within the P.U.D. 2. To enforce all covenants including provisions for architectural control. PAGE 6 Covenants To further assure the development and continuation of the Westbank Ranch P.U.D. as a high quality, rural residential area, protective covenants shall be recorded along with the final platting of the P.U.D. These covenants will be the same covenants on file for the Westbank Ranch Subdivision Filing No. 1 except for references to "Filing No.1" and also excepting paragraphs 14, 15 and 18 in Article V and also except for the possible additions noted elsewhere in this submittal. A copy of these covenants are included in EXHIBIT C. 13. Legal Description The legal description of the boundary of the Westbank Ranch P.U.D. Modification and Filing #4 Resubdivision is included as EXHIBIT D. 14. U.S.D.A. Soil Conservation Service Soil Information Soils information from the U.S.D.A. Soil Conservation Service about the subject area was copied from the document "SOIL SURVEY OF ASPEN -GYPSUM AREA, COLORADO, PARTS OF EAGLE, GARFIELD AND PITKIN COUNTIES". This information is included in EXHIBIT F, and the map areas of the soils groups discussed therein are illustrated on Sheet 15, SOIL GROUPS, of the drawings. 15. Anticipated Sources for Electric, Natural Gas, Telephone and Cable T.V. Services It is anticipated that electrical service will be provided by Holy Cross Electric Association, that natural gas service will be provided by Rocky Mountain Natural Gas, that Telephone service will be provided by U.S. WEST Communications and cable T.V. service will be provided by TCI Cablevision of Colorado, Inc. 16. Engineering Geology A reconnaissance geologic investigation of the property has been conducted by CTL/Thompson, Inc., and is included as a part of this submittal as EXHIBIT G. 17. Drainage The road system serving the development will cross a number of minor drainages. Drainage structures for these crossings have been designed on the basis of analysis of the drainage basins which they serve for a 100 year frequency storm event. The hydraulic calculations determining the 100 year frequency storm events in the drainage basins effecting this property are illustrated in EXHIBIT H, DRAINAGE ANALYSIS. 18. Wildlife The Division of Wildlife mapping places this development in elk winter range and critical deer habitat. It is understood that some impact on the big game herds will result from this development. The following conditions are proposed as additions to the protective covenants of the development to mitigate some of the impact. PAGE 7 A. Dogs shall be kept under the control of the Owner at all times and shall not be permitted to run free or to cause a nuisance in the subdivision. No dogs shall be allowed beyond the boundaries of the lot owned by the persons where the dog is housed unless accompanied by a person in full control of such dog. B. Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous 15 minute period. C. Dogs shall be leashed, chained, fenced, "electric fenced", kenneled, or under the control of the Owner, which shall mean that the dog does not leave the boundaries of the lot or house unless on a leash and under the control of a person at all times. Metal fencing will be allowed for the purposes of kenneling a dog. Location of kennels shall be subject to review of the Architectural Control Committee. D. All lot owners shall keep all pets reasonably clean and all lots shall be free of refuse, insects, animal waste and insects which breed thereon, at all times. E. The Homeowners association shall assess and enforce penalties against Owners violating the restrictions applying to dogs as follows: One hundred Dollars ($100.00) for the first violation committed by an Owner's dog; Two Hundred Dollars ($200.00) for the second violation; Three Hundred Dollars ($300.00) for the third violation and for each succeeding violation the fine increases in One Hundred Dollar ($100.00) increments. Should any dog chase or molest deer, elk, other pet animals or persons, or destroy or disturb property of another, the Association shall be authorized to prohibit the property owner or resident from continuing to maintaining the offending animal on his property and may dispose of that animal, in necessary, to protect wildlife or other Owner's pet animals, persons or property. The offending dog owner shall be provided written notice of such action at least two (2) days before disposal occurs. Within such two-day period, the offending dog shall be kenneled at a licensed kennel. All charges associated with action taken by the Association may be assessed against either the lot Owner and/or the dog owner, or both at the Association's sole option. F. Notwithstanding the foregoing, no animal may be kept within a lot or residence which, in the good -faith judgement of the Association Board of Directors, results in any annoyance or are obnoxious to residents in the vicinity of to lot Owners within the subdivision. Except as expressly limited herein, domestic animals may be further restricted pursuant to any rules and regulations which may be promulgated by the Association Board of Directors. G. Metal fencing shall not be allowed except for kennels as noted above. No kennel shall cover an area greater than two hundred and fifty (250) square feet. PAGE 8 Wood and wood rail fence shall have a maximum height of 48 inches with a maximum three rails to allow for a fawn to pass between rails. Solid privacy fences, where permitted by the Architectural Control Committee, shall be a minimum of 72 inches high. 19. Wildfire Hazard The area of this development, which is in excess of 30% slope and in the densely vegetated drainages, has been identified as medium to high hazard for wildfire, in a letter from Mr. Kelly Rogers of the Colorado State Forest Service. The site was also visited by representatives of the Carbondale & Rural Fire Protection District. As a result of this visit, a letter was written by Mr. Ron Leach, Chief of that district and a Memorandum was written by Mr. James Mason, Director of Glenwood Emergency Services. Recommendations were made regarding the development in all three of these communications. As a result of these recommendations, the following conditions are proposed as additions to the protective covenants of the development to mitigate this potential hazard: A. Structures shall not be constructed in or at the head of topographic drainage features. B. All vegetation except low ground cover such as mowed grass shall be removed for an area 10 feet on all sides of all structures. C. Brush and trees within 30 feet of all structures shall be thinned, if necessary, so that the remaining clumps are no more than 10 feet wide. D. Structure roof coverings shall be of non-combustible materials. Additionally, the design criteria proposed by Mr. Leach and Mr. Mason is incorporated in the road and utility design. Copies of the letters from Mr. Rogers, Mr. Leach and Mr. Mason are included as EXHIBIT I. Jerome F. Gamba P.E. & L.S. 5933 PAGE 9 1 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS Sc LAND SURVEYORS 113 9TH STREET, SUITE 214 P.O. BOX 1458 GLENWOOD SPRINGS, COLORADO 81602-1458 PHONE: (303) 945-2550 FAX: (303) 945-1413 Board of County Commissioners County of Garfield Glenwood Springs, Colorado Re: Westbank Ranch P.U.D. Filing No.4 Resubdivision Dear Commissioners: 16 September 1994 This is to certify that the final cleanup and miscellaneous work on the Westbank Ranch P.U.D. Filing No. 4 Resubdivision has been completed. As noted in our letter of 9 May, 1994 the cost of the completion of this work was $10,000.00.. Respectfully, Jerome F. Gamba P.E. & L.S. 5933 • JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 113 9TH STREET. SUITE 214 P.0 BOX 1458 GLENWOOD SPRINGS. COLORADO 81602-1458 PHONE: (303) 945.2550 FAX: (303) 945-1410 Board of County Commissioners County of Garfield Glenwood Springs, Colorado • P O. BOX 4808 PAGOSA SPRINGS. COLORADO 81157 PHONE: (303) 731-5743 FAX: (303) 731-4778 Re: Westbank Ranch P.U.D. Filing No.4 Resubdivision Dear Commissioners: BONO90T,tr.:885 13 June 1994 This is to certify that we have observed the construction of the chip and seal pavement on the subdivision road system and the completion of the tank painting for the Westbank Ranch P.U.D. Filing No. 4 Resubdivision and find the work of both items to be complete and in accordance with the plans and specifications. As noted in our letter of 9 May, 1994 the cost of completion of these items was $64,250.00 for the chip and seal pavement and $10,000.00 for completion of the tank painting. Respectfully, erome F. Gamba P.E. & L.S. 5933 ER • BO0x0902 Por; 282 HIBIT B Attached to and Forming a Part of Subdivision Improvement Agreement Dated May /0, 1994, Between Westbank Mesa Limited Partnership as Owner and Board of County Commissioners of Garfield County, Colorado JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 113 PH STREET. SUITE 214 PO 80x )158 GLENW0OD SPRINGS. COLORADO 81602.1458 PHONE (303) 9152550 FAX: (303) 945.1410 Board of County Commissioners County of Garfield Glenwood Springs, Colorado PO BOX 4806 PAGOSA SPRINGS. CaORADO 81157 PHONE (303) 731.5743 FAX (303) 731-4778 Re: Westbank Ranch P.U.D. Filing No.4 Resubdivision Dear Commissioners: This is to certify that I am a registered engineer and land surveyor in the State of Colorado and that all of the engineering and surveying work for the Westbank Ranch P.U.D Filing No.4 Resubdivision has been accomplished by me and or under my direction. In the course of this work, we have observed the construction of the improvements on this development and hereby certify that they have boen accomplished in accordance with our plans and specifications, and all of the required improvements have been accomplished with the exception of the following: WORK TO BE COMPLETED WORK ITEM COST Chip and seal pavement on roads $64,250.00 Land scaping 10,409.00 Tank painting 10,000.00 Final cleanup and miscellaneous 10,000.00 TOTAL WORK TO BE COMPLETED Respectfully, Jerome F. Gamba P.E. & L.S. 5933 $94,659.00 i BILLIE G. BURCHFIELD ATTORNEY AT LAW 309 EIGHTH STREET GLENWOOD SPRINGS, COLORADO 81601 (303) 945-2361 FAX (303) 945-8903 February 12, 1992 Mr. Andrew McGregor County of Garfield 109 Eighth Street Glenwood Springs, CO 81601 RE: Westbank Filing Four FEB 1 2 1992 GARFIELD COUNTY Dear Mr. McGregor: The final subdivision plat for Filing No. 4 within the Westbank P.U.D. is under consideration by the County. I understand the Westbank Homeowners Association has raised concerns relating to the water supply for such Filing No. 4. At this time, discussions have occurred between Mr. Huebinger and representatives of the Homeowner's Association. No agreement has been finalized as of this date. Mr. Huebinger has retained me to assist in the identification of issues, negotiation and drafting of an agreement concerning water supply and related issues. Mr. Huebinger advises that an agreement is anticipated but will require additional time to solidify the respective terms and details and reduce the same to writing. Accordingly, Mr. Huebinger, the developer, would ask that this matter be set over until such time as he and the Homeowners Association can finalize an agreement. xindiy notify me of the Commissioners' decision and when the matter shall next come before the Commission. If you have any questions or comments, feel free to contact me at the number shown above. Kindest rega ds, AelV / AM' Billie G. Burchf;'eld cc: John Huebinger Lee Leavenworth ..9:RESbURCE• MENU IIIIIIIIIIIIIMENGINEERING I N C. Mr. Lee Leavenworth Leavenworth and Lochhead, P.C. PO Drawer 2030 Glenwood Springs, Colorado 81602 RE: Westbank Cost Estimate Dear Lee: July 11, 1991 We have reviewed the attached Westbank Filing No. 4 Final Construction Breakdown and have updated the cost estimate as best we could without benefit of any design drawings or site specific field information. For this cost update we assumed that the quantities in the previous estimate are correct and that no special construction problems exist such as bedrock, unstable slopes, high water table, etc. As you know the construction cost of buried pipe and roadways will vary dependent upon the topography and soils. We obtained unit price cost estimates for most items from local contractors who perform this type of work and who are familiar with local conditions. The cost estimates for water and sewer lines includes trench excavation, bedding and backfill. We assumed that the earth work quantities (items 8,9 and 10) are for rough grading and base preparation for the roads. The cost estimates for these items were increased by 50 percent to account for inflation. The cost estimates to raise Public Service line (item 16) and for Holy Cross underground (item 17) were also increased by 50 percent. The last two items (18 and 19) are not construction costs. We do not expect today's costs to vary substantially from those shown. The cost of a sewage treatment plant (item 15) is largely dependent upon the size (capacity) and the effluent standards. Two alternatives were considered; a packaged extended aeration plant and a field constructed dual path treatment system. The packaged plant cost was included in the estimate. Our preliminary estimate of the cost for an advanced wastewater treatment plant with a capacity of 80,000 to 90,000 is $250,000. This cost would include an extended aeration treatment plant filtration system and a building to house the facility. An additional $50,000 has added for engineering and permitting. ting Engineers and Hydrologists rand Avenue, Suite 302 ■ Glenwood Springs, CO 81601 • [3031945-6777 IN Fax 945-1137 3 • • Mr. Lee Leavenworth Page 2 The cost estimate for items 1 through 19 is over $2.3 million. Sincerely, RESOURCE ENGINEERING, INC. aul S. Busso—, P.E. Water Resource Engineer PSB/mmm 357-1.0 Ilcostest.357 Attachment July 11, 1991 • • The revised cost estimate for Westbank Filing No. 4 is as follows: ITEM NO. ITEM AMOUNT UNIT PRICE TOTAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 6" PVC Water 8" PVC Water Fire Hydrants 100,000 Gal. Tank 8" PVC Sewer line Manholes Culverts Earthwork Earthwork Earth Compaction Guard Rail 3/4" Road Base Chip and Seal Revegetation Sewer Plant Raise Public Service Line Holy Cross Underground Power Bridge Fund School Fund 5,640' 1,500' 9 each one 11,108' 58 each Unit 135,000 yd3 105,000 yd3 240,000 yd3 750' 8,500' 8,500' Unit One Unit Unit 28.00 30.00 2,250.00 Lump Sum 28.00 2,000.00 Lump Sum 3.00 2.50 0.38 25.00 10.00 5.40 Lump Sum Lump Sum Lump Sum Lump Sum $ 157,920 45,000 20,250 100,000 311,024 116,000 53,236 405,000 262,500 91,200 18,750 85,000 45,900 50,250 300,000 61,732 187,110 30,000 12,000 ,352,876 • • 4IM aamK 613 mE902 EXHIBIT "B" TO SUBDIVISION IMPROVEMENTS AGREEMENT • WESTBANK FILING 14 Final Construction Breakdown 4,A5 r cu' 1. 5640' 6" PVC water @ $10.70/ft.7 20 2. 1500' 8" PVC water@=S1L.50/ft. 3. 9 fire hydrants @ $12.00 a•i ) 4. 100,000 gal. water an f' /rte 5. 11,108' 8" PVC sewer @ $13.45/ft. 6. 58 man holes @ $919.00 ea.,02_ppp 7. Culverts (lump sum) 8. 135,000 c.y. @ $2.05/cy >`as 9. 105,000ic.y. @ $1.70/cY �'•c — 10. 240,000 c.y. compaction @ $.25/cy r(,S 11. 750' guard rail @ $10.00/1.f.�t e 12 . 8,500' 3/4" road base @ $3.0-11-1f • \ O. o �13. 8,500' chip i seal @ i.3.4.6/1f 14. Revegatation 15. Sewer plant ;16. Raise Public Service line _17. Holy Cross Underground incl. existing burial 18• Bridge fund 19. School fund (in lieu of land) Total Construction Costa EXHIBIT "B" TO SUBDIVISION IMPROVEMENTS AGREEMENT $60,348.00 17,250.00 10,800.00 50,000.00 149,402.00 53,302.00 35,491.00 276,750.00 178,500.00 60,000.00 7,500.00 32, 397.00 29,378.00 33,500.00 100,000.00 41,155.007 124,740.007 30,000.00 12,000.00 $1,302,513.00•• July 1, 1991 Arnold•Maokley Garfield County Commissioner Garfield County Courthouse Glenwood Springs, Colorado Dear Mao, I am writing to you individually as the new President of the Westbank Homeowners Association. The Association has endeavored for the last two years to reach an agreement with Mr. John Duebinger concerning water rights for Westbank Filings I, II and III' We, to date, have had no suooesaLaod on the advise of our attorney Lee Leavenworth, have pmroued a position of resolving this ambiguity before Mr. Buebioger mey proceed with Filing IV of the Westbank Ranch. Tbis[ letter is to inform you that in the process of reconsidering the continuance of a P.U.D. for Filing IV, we feel it is imperative that the 98 developed lots have an agreement concerning their water rights as a condition of continuance of the P.U.D. The terms of the agreement have been before Mr. Huebinger since December' 1989 and we feel are most, reasonable. They are as follows, outlined in our February l3th, letter to Mr' Huebinger: / 1) The water rights and water facilities, including easements, for both irrigation and domestio watertbat'ere appropriate and necessary to service Filings I through III • inclusive in a manner consistent with historic use (ood.fmr full build -out of Filings I through III) are reserved for 'the benefit of Filings I through III and the Partnership (Westbank Ranch No. 1 Ltd) is entitled to the balance of such water rights and entitled to use the balance of any excess capacity in the facilities, if any; 2) the physical facilities currently used to provide domesticated irrigation water to Filiogs'I through III will not be used by the Partnership to provide water tp/, Filing IV unless such use will not jeopardize ,tbe� guality,' quantity, and price of water supplied to Fil±ugo'I through III; 3) all physical facilities necessary to provide water service to Filing IV oudaoy water rights work that must be done to provide such service will be installed or undertaken by the Partnership and paid for by the Partnership; 4) any operation, maintenance, or reserve for replacement costs unique or solely attributable to Filiog IV will be the responsibility of the user with Filing IV; and 5) there concepts and principles will be binding upon the successors and assignees of the parties. The Association is not takinga position opposing the development of •filing IV at this time, only we request that it be conditioned upon a water agreement. I:f Mr. Huebinger were to decide to abandon his P. U. D. , the Association would still request any County help in the resolution of this ambiguity. If you or any•of the County Staff require additional details concerning 'our position, please call me at 945-2317 or write to 0507 Westbank Road. Sincerely, Jeff Carlson President, Westbank Homeowners Association Mr. Mark Bean Director Building & Planning Department 109 -8th Street, Suite 303 Glenwood Springs, CO 81601 s fr 7- JAN 0 61994. MAFi LD COUNTY 0203 Westbank Rd. Glenwood Spgs., CO 8160_ January 4, 1994 Re: Westbank Ranch Filing #4 Subdivision Dear Mr. Bean, As a resident on Westbank Road just below the subject subdivision, I am very concerned about the "sand & gravel" operation currently in progress and the resulting "eyesore" it creates on the hills behind us. It is also an "eyesore" for anyone travelling Highway 82. I attended the P&Z and Commission meetings on the subject development, and I do not remember there being any discussion of any "sand & gravel" operation being required to implement this development. As a matter of fact, the area currently being exploited for building materials is shown on the developer's engineering plans as "Open Space". I assumed that this meant the hillsides (steep slopes) would not be disturbed. Is the current operation actually part of the approved development? Prior disturbance of the steep slopes behind us in the 1960's or 1970's has resulted in an "eyesore" that remains today. Nature was not able to restore vegetation on the slope some 20 years later. If the current operation is part of the approved development, will the developer be required to restore vegetation on the disturbed slopes (cuts & fills)? Your early attention to this concern will be appreciated. Very truly yours, L kVA,' ,� Q.A,aw,— Warren L. Wright WATER AGREEMENT THIS AGREEMENT is made and entered into this ,/,day of April, 1992, by and between WESTBANK RANCH NO. 1, LTD., a Colorado limited partnership, whose address is 0235 Oak Lane, Glenwood Springs, Garfield County, Colorado 81601 (hereinafter "Westbank"), and WESTBANK RANCH HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation, whose address is c/o Jeff Carlson, President, 0504 Westbank Road, Glenwood Springs, Colorado 81601 (hereinafter "Association"): TAT I NESSETH WHEREAS , Westbank is the developer of the Westbank Ranch Subdivision Filing Nos. 1, 2, 3, and Westbank Ranch P.U.D. Filing 4; and WHEREAS, Westbank is the owner of certain water rights decried to Westbank Ranch No. 1, Ltd. for the structures Well Nos. 1 through 4, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, Westbank owns and operates a potable domestic water system utilizing said water rights providing domestic water service to Westbank Ranch Subdivision Filing Nos. 1, 2, and 3, and domestic/commercial water to Westbank Ranch Golf and Country Club, Ltd.; and WHEREAS, Westbank is the owner of certain irrigation rights associated with the Robertson Ditch, more particularly described on Exhibit "B" attached hereto and incorporated herein by reference, said irrigation rights subject to the decrees of Case No. W-2516 and Case No. W-2516-78; and WHEREAS, Westbank has made a physical water supply, utilizing said irrigation rights, available to supply certain lots within the Westbank Ranch Subdivision Filing Nos. 1, 2, and 3, for lawn irrigation; and WHEREAS, the Association states that it represents all the homeowners currently owning lots within Westbank Ranch Subdivision Filing Nos. 1, 2, and 3, and is authorized to bind said Association to the terms hereinafter set forth; and WHEREAS, the Association represents and warrants that it is duly formed, organized and operated in accordance with the Westbank Ranch Covenants and any applicable laws of the State of Colorado; and WHEREAS, Westbank has intended since the initial Westbank Ranch Subdivision Filing Nos. 1, 2, 3, and P.U.D. Filing No. 4, 1 that the aforementioned water rights would be used for the benefit of Westbank Ranch Subdivision Filings No. 1, 2, 3, and for completing the development of Westbank Ranch P.U.D. Filing No. 4; and WHEREAS, the parties agree and acknowledge that any reference herein to the "development of Westbank Ranch P.U.D. Filing 4", "development of Filing 4", "Westbank Ranch P.U.D. Filing 4" or "Filing 4" shall mean any development under the current plat, any amended plat for Filing 4, or any other development of the property described in Exhibit "F" attached hereto and incorporated herein by reference; and WHEREAS, Westbank has previously conveyed certain water rights to the Westbank Ranch Golf and Country Club, Ltd., such water rights so conveyed are specifically excluded herefrom, as set forth in Exhibit "C" attached hereto and incorporated herein by reference; and WHEREAS, the parties desire to enter into this Agreement to set forth the terms and conditions of their agreement concerning said domestic and irrigation water rights and potable domestic water system in order to assure the Association a continued water supply and to assure Westbank's reservation of certain water rights herein set forth. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. DECREED WATER RIGHTS TO WELL NOS. 1 - 4 1. Westbank agrees to convey to the Association, by quit- claim deed, sixty-six percent (66%) of the water rights decreed to Westbank set forth in Exhibit "A" currently owned by Westbank, and a like percentage of the consumptive use credits associated therewith. 2. Westbank specifically reserves thirty-four percent (34%) of the water rights decreed to Westbank as set forth on Exhibit "A" currently owned by Westbank including a like percentage of the consumptive use credits associated therewith. 3. The Association agrees to use said sixty-six percent (66%) of such water rights as a source of water supply to the domestic potable water system currently servicing Westbank Ranch Subdivision Filing Nos. 1, 2 and 3, and Westbank Ranch Golf and Country Club, Ltd. 4. The Association agrees not to oppose water applications which may be filed in the future for Westbank to utilize the interest herein retained by Westbank so long as consistent with the terms of this agreement. 2 5. Westbank agrees not to oppose water applications which may be filed in the future for the Association to utilize the interest herein conveyed to the Association so long as consistent with the terms of this agreement. 6. Westbank agrees that any such water applications made on its behalf will not impair the interest conveyed to the Association pursuant to Paragraph 1 of this Section I. II. IRRIGATION RIGHTS 1. Westbank agrees to convey to the Association, by quit- claim deed, sixty-six percent (66%) of the water rights owned by Westbank set forth on Exhibit "B" together with an undivided like percentage of the ditch rights and easements associated therewith, and a like percentage of the consumptive use credits associated therewith. 2. Westbank specifically reserves thirty-four percent (34%) of the water rights set forth on Exhibit "B", together with an undivided like percentage of the ditch rights and easements associated therewith, and a like percentage of the consumptive use credits associated therewith. 3. Westbank agrees to assign sixty-six percent (66%) of its right, title, and interest in and to that certain Agreement dated January 8, 1979, between Westbank and James L. Rose, which Agreement is recorded in the Office of the Clerk and Recorder of Garfield County at Reception No. 291320, which is attached hereto as Exhibit "D" and incorporated herein by reference, to the Association. 4. The Association and Westbank agree to operate their respective percentages of such ditch system, together with its current laterals, for the benefit of lot owners within the Westbank Subdivision Filing Nos. 1, 2, and 3, and the completion of development of Filing No. 4. 5. Westbank and the Association shall share the responsibility for the operation, maintenance, replacement, and repair of said ditch system, together with all other parties owning an interest in the Robertson Ditch, to the extent of their respective interest, from the source up to and including the headgate located at point "A", and including such ditch or laterals up to and including points "B" and "C" on the map attached hereto as Exhibit "E" and incorporated herein by reference. In the event Westbank sells the water rights herein reserved in the Robertson Ditch, the purchaser shall assume Westbank's obligations as provided in this paragraph. However, should the purchaser remove the water rights so purchased from the Robertson Ditch structure, said purchasers obligations herein shall terminate. 3 6. The Association shall be responsible for the operation, maintenance, replacement, and repair of said Robertson Ditch system including all laterals extending from point "B" and "C" of the map attached hereto as Exhibit "E", currently located within Westbank Ranch Subdivision Filing Nos. 1, 2, and 3, and Westbank Ranch Golf and Country Club, Ltd., to the extent of its respective interest therein, received pursuant to this Agreement. 7. Westbank and the Association shall share the costs associated with the operation of the ditch system in accordance with paragraph 5 of this Section II. 8. Ditch operation costs as specified in Paragraph 5 of this Section II, shall be determined on actual expenditures which shall be reasonable and necessary to repair or maintain said ditches and laterals in operational condition. 9. Westbank shall not be required to pay any costs associated with maintenance, upgrading or additions to the laterals which are incurred subsequent to this agreement for the benefit of Westbank Ranch Subdivision Filing Nos. 1, 2, and 3. 10. The Association shall not be required to pay any costs associated with construction or maintenance of any expansions or additions to the Robertson Ditch or any laterals thereto which Westbank may incur for the benefit of +utilizing its rights to complete the development of Westbank Ranch P.U.D. Filing No. 4. 11. The Association agrees not to oppose water applications which may be filed in the future for Westbank to utilize the interest herein retained by Westbank for the completion of the development of Westbank Ranch P.U.D. Filing No. 4. 12. Westbank agrees that any such water applications made on its behalf will not impair the interest conveyed to the Association pursuant to Paragraph 1 of this Section II. 13. Westbank reserves the right to place a pump in the Robertson Ditch or lateral thereof, at any point between point "A" and points "B" and "C" on the map attached hereto as Exhibit "E", to utilize the interest herein retained by Westbank. Westbank shall be solely responsible for the cost of constructing such facility and thereafter for all operation, maintenance, repair and replacement associated with said pump station and appurtenant facilities. 14. Should Westbank exercise its right to install a pump in the Robertson Ditch, Westbank shall consult an engineer to assure proper design. The design of such pump station shall insure a continuous flow of water through the Robertson Ditch, equal to the percent of physical water then present in the Robertson Ditch, as herein conveyed to the Association. The general appearance of such 4 pump station shall not be unsightly. The Association shall be entitled to review and comment on the proposed design of such pump station. III. POTABLE DOMESTIC WATER SYSTEM 1. Westbank agrees to transfer ownership of the potable domestic water system currently serving the Westbank Ranch Subdivision Filing Nos. 1, 2, and 3, and the Westbank Ranch Golf and Country Club, Ltd., to the Association on or before July 1, 1993, free and clear of any liens or encumbrances, subject to the right of Westbank to utilize said system to serve Westbank Ranch P.U.D. Filing No. 4 as set forth herein. Westbank is unaware of any deficiencies in the current potable water system. 2. Westbank shall not incur any expenses or debts encumbering the present potable water system which are not reasonably necessary to the continued operation, maintenance and repair of said potable water system from the date of this agreement to the date of transfer of ownership to the Association. 3. At the time of conveyance of the present potable water system to the Association, the Association shall assume responsibility for the reasonable outstanding debts associated with the operation, maintenance and/or repair ofsuchsystem. 4. Westbank shall transfer all accounts receivable to the Association and the Association shall cooperate with Westbank in the collection of such accounts receivable. Upon collection of such accounts receivable the Association shall pay 90a of the same to Westbank in consideration of sums expended by Westbank in the operation, maintenance and repair associated with such system through the date of transfer, less amounts necessary to recover for debts assumed by the Association pursuant to the preceding paragraph. 5. The Association agrees to administer and operate such domestic water system for the benefit of the lot owners of Westbank Ranch Subdivision Filing Nos. 1, 2, and 3, and Westbank Golf and Country Club; and also, for the benefit of Westbank Ranch P.U.D. Filing No. 4 if and when Westbank exercises its right to connect to said system. 6. Westbank agrees to allow members of the Association to become familiar with the operation of the water system to enable the orderly and efficient transfer of the system on or before July 1, 1993. ?. The Association agrees to continue to operate said potable domestic water system in an orderly and efficient manner. Should the Association fail to operate the water system in an 5 orderly and efficient manner, Westbank shall be entitled to resume the administration and operation, and charge a rate equivalent to that set forth in Paragraph 10 of this Section III, together with a 15% fee for said administrative services, for services provided by said potable domestic water system. 8. Should Westbank determine that the Association has failed to operate the water system in an orderly and efficient manner, Westbank shall give the association written notice of its intent to resume administration and operation of said water system. The Association shall have 30 days from the date of such notice, to cure the deficiency in operation of the water system or to commence to cure any deficiency requiring more than 30 days to repair, to the satisfaction of Westbank, whose determination shall not be unreasonably withheld prior to Westbank resuming the administration and operation thereof. 9. From the date of such transfer of ownership of the potable domestic water system currently serving the lot owners of Westbank Ranch Subdivision Filing Nos. 1, 2, and 3, the Association shall be responsible for the operation, maintenance, replacement, and repair of said potable domestic water system and shall hold Westbank harmless from any debts or liabilities incurred by the Association in the operation of said potable domestic water system. 10. The Association agrees that the rate it charges from the date of the transfer of ownership, for potable domestic water service to Filing Nos. 1, 2, and 3 shall be a rate designed to provide a sufficient amount of revenue to offset the cost of operation, reasonable maintenance and repair of the domestic water system serving Filing Nos. 1, 2, and 3, together with a reasonable amount for replacement. 11. Westbank herein reserves the right to connect, for the benefit of completion of the development of Filing No. 4, to the potable domestic water system currently serving the lot owners of Westbank Ranch Subdivision Filing Nos. 1, 2, and 3, with the following limitations: (a) Any construction, materials and/or equipment necessary for any connection or expansion to occur with respect to Westbank Ranch P.U.D. Filing No. 4 shall be at the sole expense of Westbank; and (b) Any connection shall occur without substantial interruption of the current service to Westbank Ranch Subdivision Filing Nos. 1, 2, and 3; and (c) The Association shall not be entitled to assess any charges against Westbank for the installation, construction, connection, tap fees or like charges or 6 regarding Westbank's connection to the current potable water system. 14. If Westbank exercises its right to connect to the existing potable water system and should improvements conducted by Westbank in the completion of the development of Westbank Ranch P.U.D. Filing No. 4 benefit the Association in providing improved or additional physical water supply to the potable domestic water system servicing Filing Nos. 1, 2, and 3; then the Association and Westbank shall share the costs of such improvement in proportion to the quantitative benefits received by each. The Association shall not be obligated to pay proportionate costs of any such improvement unless the Association has an opportunity to review the proposed improvement, and desires to receive such benefits. IV. JOINT WATER APPLICATIONS AND REPORTS 1. The parties acknowledge that a certain report has been prepared by Resource Engineering, Inc., dated August 30, 1991, which raises certain concerns over the sufficiency of the physical and consumptive use water supply necessary to complete the development of Westbank Ranch P.U.D. Filing No. 4. 2. The parties agree that a supplemental engineering analysis will be required to determine what, of several options available, will best serve the interest of both parties in utilizing the water rights, the subject of this agreement, and/or obtaining additional sources of water as may be required to provide a sufficient physical water supply to continue operation of the potable domestic water system, provide irrigation water to the Association and complete the development of Westbank Ranch P.U,.D. Filing No. 4. Said supplemental engineering analysis shall include analysis of the current potable water system for compliance with minimum state and federal regulations and pump test on the current wells set forth on Exhibit A, and alternative water right development options. 3. The parties agree to retain an engineer or engineering firm acceptable to both parties to perform such supplemental engineering evaluation. Should the parties he unable to agree on an engineer or engineering firm, then each of the parties shall nominate one objective representative and said representatives shall select an engineer to perform such supplemental evaluation. 4. The parties agree to pursue and obtain such supplemental engineering report within six months of the date of this Agreement. 5. The parties agree that the costs of said supplemental engineering evaluation shall be borne by and between the parties with Westbank paying fifty percent (50%) of such cost and the Association paying fifty percent (50%) of such cost. 8 6. The parties agree that should said supplemental engineering report require additional water supply to continue supplying domestic and irrigation water to Westbank Ranch Subdivision Filing Nos. 1, 2, and 3, and to complete the planned development of Westbank Ranch P.U.D. Filing No. 4., the parties shall jointly contract for an amount of water equal to the amount specified in the supplemental engineering evaluation from Green Mountain Reservoir, Ruedi Reservoir, or a private entity. 7. The parties agree to make application for additional water supply provided for in the preceding paragraph within six months of the receipt of such supplemental engineering evaluation. The parties will pursue such additional water supply in good faith until the same has been located and contracted for. 8. The parties intend to pursue augmentation of the domestic water supply needs of Filings 1 through 4 with an additional water supply contract as provided above. The parties further agree that it is their intent to include in such augmentation plan, the adjudication of alternate points of diversion located within Filing 4 to enable Westbank to pursue development of its own water supply for Filing 4 or to permit the connection to the existing system as provided for in Paragraph III. (11). 9. The parties agree that the costs associated with obtaining additional water supply by contract shall be borne and between the parties with Westbank paying fifty percent (50%) of such costs and the Association paying fifty percent (50%) of such costs until such time as Westbank develops Filing 4. At such time as development of Filing 4 occurs, the parties shall bear the costs in proportion to the quantity of water needed by each except as otherwise provided in Paragraph (III) (11). 10. The parties agree, if augmentation is required, such augmentation shall occur simultaneously with any water application on behalf of Westbank related to the water rights, the subject of this agreement, or shall precede any water application on behalf of Westbank to move/transfer any water rights retained by Westbank herein. Such augmentation shall be realized in a manner which shall not result in any substantial interruption in the physical water supply to the potable domestic water system nor physical irrigation water supply servicing the lots of Westbank Ranch Subdivision Filing Nos. 1, 2, and 3. 11. The parties agree to cooperate and assist one another in making application for augmentation, if required, under the provisions herein set forth. 12. The parties agree that any water court application for approval of a plan for augmentation shall be made within a reasonable time following the receipt of such supplemental engineering evaluation and pursued diligently until the same is 9 decreed. 13. The parties agree that the costs associated with any application for approval for augmentation shall be borne by and between the parties with Westbank paying fifty percent (50%) of such cost and the Association paying fifty percent (50%) of such cost. 14. The parties agree that if the supplemental engineering analysis of the current potable water system shows major deficiencies, the parties shall cooperate and assist one another in establishing a plan to bring the current potable water into compliance with the minimum state and federal regulations. VI. GENERAL PROVISIONS 1. Conveyances/transfers. Ail conveyances or transfers of ownership herein provided for shall occur simultaneously, on or before July 1, 1993. The parties hereby agree to execute all documents necessary to effectuate the terms of this agreement, on or oefore July 1, 1993. License Provisions. Until such time as Westbank actually utilizes the water rights herein reserved by Westbank for the benefit of Westbank Ranch P.U.D. Filing No. 4, the Association shall have a license to use said water rights herein reserved to Westbank for an annual fee equal to Westbank's cost required to be paid by Paragraph IV (8) herein. No provision herein shall preclude Westbank from utilizing such water rights herein reserved by Westbank for the development of Westbank Ranch P.U.D. Filing No. 4 at any time Westbank chooses to do so. Such use by the Association shall be entirely permissive and shall not be deemed adverse at any time. 3. Right to Sale. Westbank shall have the right to sell the water rights herein reserved separate from the lands designated as Filing 4, however, the Association shall have a right of first refusal in such event. In the event of a sale of Westbank's domestic water rights reserved pursuant to paragraph I (2), Westbank's reserved right to connect as provided in paragraph III (11) shall terminate. 4. Opposition. The Association agrees that it will not, as an Association, oppose the development of Filing 4 or any redevelopment or replatting of such filing. The Association further agrees that, so long as Westbank is proceeding pursuant to the terms and conditions of this agreement, the development of Filing 4 as currently platted or subsequently replatted for no more than 100 units, there are no water right, water facility or water supply issues concerning such development. Complete Agreement. The parties agree that this 10 agreement, together with the exhibits attached hereto, is a complete agreement of all rights either party may have with respect to the subject matter herein contained and constitutes the entire agreement as between the parties. 6. Modification/Amendments. A modification, amendment, or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any provision of this Agreement shall not thereafter be construed as a waiver of any subsequent default of the same or similar nature. 7. Integration. This agreement shall constitute a full and complete understanding between the parties, and no obligations between them exists unless contained herein. Each party shall request any Court to hereafter recognize this Agreement as a bar to any other provisions with respect to the subject matter herein contained. 8. Recordation. This Agreement shall be recorded with the Office of the Clerk and Recorder for Garfield County, Colorado. ?. Remedy. In the event that either of the parties shall fail to keep any of the conditions or agreements herein contained, each shall have the right at its option, either to bring an action for damages for breach of this Agreement or to pursue any other remedies allowable at law or in equity. A party who is required to bring an action to enforce the terms and conditions of this Agreement shall be entitled to collect all reasonable cost and expenses including but not limited to, reasonable attorney's fees incurred to enforce the provisions of this Agreement. 10. Notices. Any party claiming breach of this Agreement shall give the alleged breaching party at least thirty (30) days notice prior to taking formal action to enforce this Agreement. This and all other notices or communications made pursuant to this Agreement shall be in writing and will be deemed to effective upon receipt, sent certified mail, return receipt requested, to the respective parties at the following addresses: Westbank Ranch No. 1 Ltd. c/o John Huebinger 0235 Oak Lane Glenwood Springs, CO 81601 Westbank Ranch Homeowners Association, Inc. c/o Jeff Carlson 0504 Westbank Road Glenwood Springs, CO 8160 11. Attorney's Fees. Each party shall pay its own attorney 11 fees incurred in connection with the negotiation and drafting of this Agreement. 12. Effective Date. This Agreement shall become binding upon the parties and their legal representatives, successors and assigns, upon its execution by both parties. 13. Binding Effect. This Agreement shall be binding upon the parties, their legal representatives, assigns, successors and heirs. The Association by its signature binds the members of the Association to the terms hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate originals on the day and year first written above. WESTBANK RANCH NO. 1, LTD. A Colorado Limited Partnership By: WESTBANK DEVELOPMENT CO., INC. General Managing Partner ohn Huebinger, Jr., P si e t Westbank Development C ., Inc. ATTEST: Dolores J. Huebinger, Secretary Westbank Development Co., Inc. By: Attest: Secretary WESTBANK RANCH HOMEOWNERS ASSOCIATION, INC., A Colorado Non -Profit Corporation Carlson, President estbank Ranch Homeowners Assoc. 12 4//04. STATE OF COLORADO COUNTY OF GARFIELD Subscribed and sworn to before me this day of , 1992, by John Huebinger, Jr., as President of Westbank Development Co., Inc., and Dolores J. Huebinger, as Secretary. Witness my hand and official seal. Notary Public Address Notary Public My commission expires: STATE OF COLORADO ) COUNTY OF GARFIELD Subscribed and sworn to before me this day of 1992, by Jeff Carlson, as President, and , as Secretary, of Westbank Ranch Homeowners Association, Inc. Witness my hand and official seal. My commission expires: Notary Public Address Notary Public 13 EXHIBIT A DOMESTIC WATER RIGHTS Wells Westbank Ranch No. 1, Well No. 1 adjudicated January 3, 1973, for domestic use (Case Nc. W-10664, Water Division Nc. 0 Westbank Ranch Nc. 1, Ltd. Well Nc. 2 adjudicated Januar-, 3, 1973, :cr domestic use (Case No. W-1064, ;eater Division Nc. 5) Westbank Ranch No. 1, Ltd. Well No. 3 adjudicated October 11, 1978, for domestic and commercial uses (Case No. W-369, Water Division No. 3) Westbank Ranch Nc. 1, Ltd. Well No. 4 adjudicated Januar./ 30, 1980, for domestic, commercial and --z -'-ration uses (Case Nc. W-389 -eater Division Nc. 5 Quantity Quantity Owned by Decreed Westbank 0.033 cfs 0.033 cfs ,'7 0.055 abs 0.033 con .114 0.055 abs 0.033 con 0.3 cfs 0.3 cfs EXHIBIT "B" PRIORITY NO. 52 Adjudication date 05/11/1889 Appropriation date 02/11/1883 PRIORITY NO. 112 Adjudication date 05/11/1889 Appropriation date 04/01/1885 PRIORITY NO. 595 Adjudication date 10/24/1952 Appropriation date 04/02/1950 1.2 cfs 1.05 cfs 5.25 cfs TOTAL 7.5 cfs PHIS DEED, Made this day of Septemoer , 1987 , between 4ESTBANK RANCH '!0. 1 , . LTD. , Colorado Limited Partnership, whose address .s ?. O. 3ox :87, Glenwood Springs, Colorado 81602 of the County of Garfield and State of Colo- rado, of the first part, and WESTBANK RANCH GOLF AND COUNTRY CLUB, LTD., a Colorado Corporation whose legal address is of the County of Garfi e 1 d and State of Colorado, of the second 1 part; \VITNESSETH. That the said part of the first part, for and in consideration of the sum of One Dollar anu other valuaole consideration Mattaxs~ to the said part v of the first part, in hand paid by the said party of the second part, the receipt whereof is Hereby confessed and acknowledged. ha granted, bargained. soid and con- veyed, and by these presents do es grant, bargain. sell, convey and confirm unto the said party of the second part, its heirs and assigns forever, ail the following described eater ri gnts situate, lying and being in the County of Garfi el d and State of Colorado, to wit: An until vi aea twenty-five percent (25fL) of any and all water riohts aha appurtenant ditch rights owned by Grantor, including ,without limitation an naivided twenty - five percent 25%) of the following water rinnts and cit ., rignts owned by the Grantor: I. -. s . ri ori ty 'lo. _ :f ?scoert-cn 31 ton aaj udi cacao ':ay , :889 , fdr rricat'.on use. :.- _.'.. Jf ?ricrity 'o. 112 3f :he Robertzon ,'i ton FirstEd iarcement ac; �icatec :lay 11, 1389, for .rr. aticn jse. :. i. ?ri ori 'lo.595 )f ne 1,oDertson Di ec:nu _. ,arnement ae,uaicatec 7ctooer 19E2. ^at'.on .se. Together with ad and sin:;uiar the hereditaments and appurtenances thereunto 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, wither in law or equity, of. in and to the above bargained premises. with :he hereditarnents and appurtenances: TO HAVE AND TO HOLD :he said premises above bargained and described. %vith the appurtenances, :.into :he said party of the second part. heirs and assigns forever. And the said part', of the first part. for i Ilei f is heirs, executors and administrators, , o.ss _ovenanc. grant.:Jar;ain and agree :o anu with the said party of the second part. i, _- heirs and assigns. the above nargaineu premises in :he quiet and peaceable possession of said party of the second part, 1 is heirs and assigns. against ail and every person ,3r persons :awfully claiming or :o claim the •,vnoie or any part -hereof. '.J v, through or .neer the said part' of the first part to ",VARRANT AND FOREVER DEFEND. :N 'ITNESS .'HEREOF. The said ar' t i :he st Daft :::1 .; .IC I'f'!111cJ set ... land 3na sea: :he day :anu year'.:st abir.'! written. Signed.. eaieu and Delivered in :he presence ofl STATE OF COLORADO, ss. County of The foregoing: r.strument'.vas acknowledged before me this .9 .�y i lay of My commission expires , :9 . ',Vitness my hand and official seal. IIEIT "C" (SEAL} SEAL] (SEAL] .iotary e'ublkc. Recorded at o'cloe*r .L1. JAM Reception No . 291320 Mildred Aladort, Recorder DITCH AGREE eNT taS THIS AGREEMENT, made and entered into this — day of January, 1979, by and between WESTBANK RANCH NO. 1, LTD., a Colo. Limited Partnership, acting by and through its managing partner WEST3ANK DEVELOPMENT CO., INC., a Colo. Corp., P. 0. Boz 987, Glenwood Springs, Colorado 81601(herein called "Westbank"), and JAMS L. ROSE, 0180 County Road 109, Glenwood Springs, Colorado 81601(herein called "Rose"), WITNESSETH: WHEREAS, the parties hereto, together with Sievers Ranch & Development Co., a Colo. Corp., own certain ditch and water rights in Water District No. 38 described as follows: a. The Robertson Ditch ::o. 47 with ?riority Kos. 52 for 4 cfs as of Leo. 11, 1883, 112 for 3.5 cfs as of Apr. 1, 1885, and 595 for 9.0 cfs as of .Apr. 2, 1950, for a total of 16.5 o.fs, owned as follows: . Westeank Ranch No. _ td., a limited partnership, 3.0 cfs under ?rior.ty Nos. 52 and , and 7cfs under ?riority No. 595, :or a _ocal of 12 _:S. . James 7. Rose 3.0 ofd _rider .riority Nos. 52 and .12; and o± uncer Pricri:7 • .o. 595, 13.: a coca. or . zfs. Sievers Ranch & Development Ca., a Colo. Corp., 1.5 cfs under ?riority Nos. 52 and 112. S. ,;aures ... Rose owns _he O'Neill Spring and ?ipeiine Ditch No. 316, Priority No. X74 as of Jure 30, 1945 for .0 cfs and a carriage right In the Robertson .itch to carry such water. WHEREAS, the headgate of the Robertson .__cu No. 47 is located at a point on the '.:est Sank of the Roaring Fork River, whence the SE corner of Sec. 12, T. 7 S., R. 89 5t:: ?... , _ears N. 27e55' . 2735.1 :5:.; and the O'Neill Spring and ?ipeline aitch No. 215 Has two '.ieadgates, No. 1 is Located at a point whence the North Quarter Corner of Sec. 1Z, , 3., R. 39 W., 9th ?.M. Sears N. 19°25' W. 3669.5 ft.; and Neadgace No. _ :s located ac a point on the Cast end of a diversion dam whence the North .Quarter Corner of Sec. 12, T. 7 S., R. 39 W., 6th P.M. bears N. 21°08' W. 2715.5 ft.; and WHEREAS, by letter dated Jan. 20, 1978 Westbank and Rose entered into a letter agreement for the cleaning, repair and maintenance of the said Robertson Ditch during 1978 and are now desirous of entering into an agreement for the continuing cleaning, repair and maintenance of said ditch; NOW, THEREFORE, for andin consideration of the covenants contained herein, the parties agree as follows: 1. We shall jointly do, or cause to be done, all things reasonably necessary to rR7TrTT7rm r •-• II .•::-,?,:.ifttillit't.s,-;.A,;,; 0......4','`-c2..:e '; ••-1-7..-1---",..-....*::7" v - c- • .tW.h.tr`r*P1'.%'....":',.• .• -'. . :.t• ' f X, 4- 7N, 4 ' 47. ' :;;;;I: ic;;E7:*7;; /',;iii*n.,, %,,,17., t4.4:1'.:ti;,, 4, ffr A.. n -...., 'ti ‘Cb'r141. :' iiiialtiiido forlOsa_ • - t.,,,,,w -'7.4.t47.73M14-.37re•*.i4f=4•F:''''';';t:—. -/9 7*f-fr f4 9 h'iecoUnt-st the *auk of Olenietiod'in 411 9., ._ . .. • -depositing thereto $2,000.00 and Rose 111,000.00.-The balance of....saidAwc_ - - -: ' . - :.-'•: --,-- 7 - - , t' ..4. Approziaataiy $1,100.00 to $1,200.00. On or before the 1st day of March, 1979,...:_sn„ •••- • - on the 1st day of March of each year thereafter, each of the parties shall deposit :1,7... • ,- : -- - , , - -,.-',;':-.- , • .. to said account, or to such other account as they say mutually agree on, funds „ . .. . .• . , ... ..,, sufficient to bring the balance of such account to $3,000.00, each party contributing .i.l...., tt.. thereto in the proportions aforesaid. The parties recgnIze additional sas mov- required from time to time to properly maintain, clean and repair the ditch and we agree to contribute such additional funds in the foregoing proportions nut to exceed 20Z in excess of our contributions during the prior calendar year. 3. No water shall be turned into the ditch in any year until It shall have been cleaned and repaired to the satisfaction of both part les. If we cannot agree on clean- ing. repairing and turning water Into cite ditch, then Leo or Joe Jammaron, or an third party mutually agreeable to us. shall inspect the ditch and advise if the ditch is sufficiently cleaned and repaired for water to be turned into it. We agree to act upon and to abide the decision of this third party as to cleaning, repairing and turning water into the ditch, such child party's ebarges t. be borne hy us in the same proportions ls aforesaid. 4. As soon as weather and 1;round conditions permit in 1979, we shall instal'. or Cause to he installed, at the headgate of the RObertson Ditch a l'arshall meJsitrin), ,I,Im‘ or other appropriate measuring devi..e. under supervision of the Water Commissioner. 5. We shall promptly develop a schedule and plan for the installation ot three divider hoses or other appropriate ditch control devices and undertake soleit installation commencing in 1979 as funds and time permit. t'pon sneh installation. neither ,Art-: shal; block the ditch in any manner or interfere with the free flow ot wetter in or,ler to obtzliO or attempt to obtain the water to which he is entitled. 6. We agree to explore the feasibility of hiring a ditch walker, who will he a third party mutually agreeable to both of us, responsible for cleaning and maintaining ,. • . I, , the ditch throughout the irrigation season, or advising us as to necessary or recommended — _ maintenance programs or improvement.; to the ditch, and for undertaking such further matters as are appropriate or necessary in order to maximize the smooth flow of the water through the ditch and Its delivery to our respective takeout points. 7. Sufficient monies will he spent from our joint bank account to undertake a thorough weed and moss control program In the ditch, employing such chemicals as are necessary for such purpose. ire agree to attempt te ,00wttarily-Or_thrnugh appropriate tweet ectieiis' roTo fir: y = ,.wt.is_, er of cleaningand t alatalnlr..t the ditch as _. °°� - --_ --- previdal Lp e....r'_;�-x?:.:=•r air"_ 9. '^Rose say use the Robertson Ditch as a carrier ditch .for tbi O'1i Pipeline No. 316, Priority Nn_ 474 to which is adjudicated 4.6 cfs, only i/hes - son Ditch is physically able to carry such additional, as.unt of water le, over -end the water rights adjudicated to Robertson hitch. To the extent that the Robertson Dice is used fur this purpose, Rose shall pay ail expenses occasioned thereby and shall contribute whatever stems are nt•.•t•,:s.Irv_ or appropriate as a result of this additional, burden on the Robertson Ditch. .t 10. 1:.• ..cr.•.• 1,1 Ice'.• an, r,•v:rr.l fur the needs and rights of each other concern " t* our respect 1 -.- water rights in :ung to In ditch and the application of v.tch water to t beneficial uses to which t:.• are 1t -ally entitled. 11. Upon execution of this agreement, and ratification and approval hereof by fies•tr,' r f -l- -et 0- - . bank Ranch homeowner's Association, a Colo. 'ion -Profit corporation, Rose, by his atto of record, ,t 11 withdraw with :+re•udico his Motion for Re-Crnstderatinn and/or Carr • -. - of Referee's R.:l in•.• .t- . onf i r-, 1 And tpp roved by the Court .\pr11 2S, 1976, in ft.v.:•• No. W-2516 in the District Court in .end for Vater Division \o. 5, State of Colorado, 7. _•+,;;j:. vacate the hearing in said cans.• thereon now set fur January 9, 1979 at 1:30 P.M. 12. This agreement shall h.• binding upon and inure ro the benefit of the parties' hereto, their successors and assigns. This agreement shall continue in full force an effect (unless modified or terminated by mutual agreement of the parties; and this ag sent shall he deemed automatically terminated .It such time as either party persane0tl ceases to use any water through the Robertson Ditch. UN WIINFSS WHEREOF, flstsftZtJ fwu writ ren. QT IES(- �.• the ;..trtivs haw.• set their hands and ;rags the day and.yoa .� WI:STUU NK RANCH NO. 1, LTD.. a Colo. Limited Partnership 8v: WF.STBANK DEVELOPMENT CO., INC. a Colo C. p ianaRing Partner ';. By Secretary Rose : Ratified and approved chis 1' day of January. 1979. • 4.4. 2..J.: J"�: ATTEST: WESTEANK RANCR ON I,•E t 3 A a Colo. o)'�ts � ... 7 4,:''' 7 41 �<�;� � ClJam, By. c r , Secretary ,t.^7w-17 • r ..,...... 1101..1 WESTB NK RANC 3 P.U.D. FILING NO.4 so t s ...;;• '• LN - WESTBANK COUNTRY RANCH GOLF & COUN R CLUB • f$ T• 0002 Pt. "C 1 l; G) f4*,): t) �,.1./ r "A • ---Rbber},.son Ditch 1,0 / :moi < .c� -///S. EXHIBIT "E" 1'J LEGAL DESCRIPTION Apri I I - 1990 A parcel of land situated in Lot 15 of Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, Lots 13,14,15,24 and 25 of Section 1, and Lots 5,8,9,10,11,12,13,14,15,16,18,19,20,21 and 22 of Section 2, Township 7 South, Range 89 West of thc Sixth Principal Meridian, all in Carficld County, Colorado, lying Southerly of Wcstbank Ranch Planned Development Subdivision Filing No. 1 and Wcstbank Ranch Subdivision Filing No. 2 and No. 3, as amended, all as filed in the Carficld County, Colorado records, and Westerly of a line in said Section 1 partly described by Book 416 of Page 336 as filed in the Carficld County, Colorado records, said parcel of land is more fully described as follows: Beginning at the Northwest Corner of Lot 5 in said Section 2, whence the Northwest Corner of said Section 2 bears: N.89'44'39"W. 602.75 feet; thence i.01°57'00"E. 81.45 feet along the Westerly boundary line of Lot 15 in said Section 35 to the Southwest Corner of said Westbank Ranch Filing No. 1; thence, along the Southerly boundary lines of said Wcstbank Ranch Filings No. 1, No. 2, and No. 3, N.77.39`00"E. 112.73 feet; thence N.63.09'52"E. 159.87 feet; thence S.35'32'48"E. 210.99 feet; thence S.31'43'00"W. 75.00 feet; thence S.69'27'00"E. 130.00 feet; 'thence S.28'57'00"W. 160.00 feet; thence N.86'03'00"E. 190.00 feet; thence S.45'23'00"E. 130.00 feet; thence S.05'23'20"W. 300.15 feet; thence S.61.18'14"E. 231.31 feet; thence S.28'07'00"E. 160.00 feet; thence N.60'30'00"E. 78.00 feet; thence S.37'06'00"E. 55.45 feet; thence $.79'17`00"E.29 '. - . ° , 492.83 feet; thence �a.: / �- �E_. 82.61 .reet, . Thence S.64 37 OOn 5 336.67 feet; thence S.G9'29'00"E. 390.82 feet; thence S.81'03'00"E. 358.60 feet; thence N.89'22'00"E. 342.78 feet; thence S.78'00'00"E. 349.80 feet; thence N.87'02'00"E. 374.60 feet; thence S.88.23100"E. 626.00 feet; thence S.76'37'00"E. 39.95 feet; thence S.50'31'33"E. 298.72 feet; thence N.61'40'4I"E. 339.92 feet; thence S.50'00'00"E. 25.74 feet; thence 303.16 feet along•the arc of a curve to the left, having a radius of 329.13 feet, the chord of which bears: S.76'23'15"E. 292.56 feet; thence 65.26 feet along the arc of a curve to the right, having a radius of 45.00 feet, the chord of which bears: S.61'13'45"E. 59.69 feet to a point on the said described line in said Section 1, whence the Northwest Corner of said Section 1 bears: N.000'40"'. 1523.72 feet; thence, leaving said Westbank Ranch filings, along the said described line, S.19'41'00"E. 196.35 feet; thence 5.34'08'00"E. 283.00 feet; thence 5.52'22'00"E. 706.00 feet; thence S.32'58'00"E. 582.60 feet; thence S.44'29'00"E. 549.27 feet (record 406.0), more or less to a point on the East line of Lot 24 in said Section 1; thence, leaving the said described line, S.01'13'00"2. 252.92 feet, more or less, to the Southeast Corner of Lot 24 in said Section 1; thence S.89'37:46"W. 1965.07 feet to the Southwest Corner of Lot 25 in said Section 1; thence S.00'48'12"E. 843.20 fcct to the Southeast Corner of said Section 2; thence N.89'21'7.0"W. 2606.36 feet to the South Quarter Corner of said Section 2; thence N.01'04'18"W. 2139.78 feet to the Southeast Corner of Loc IG in said Section 2; (whence thc Center of said Section 2 bears: N.01'04'18"W. 465.01 feet); thcncc 5.89'57'32"W. 745.65 fcct to the Southwest Corner of Lot 16 in said Section 2; thence N.00'03'32"E. 468.68 fcct to the Northwest Corner of Lot 16 in said Section thcncc N.39'45'00"W. 606.04 feet to the Southwest Corner oC Lot 8 in said rection 2; thence 11.00'02'31"W. 858.00 feet to the Northwest Corner o[ Lot 3 in said Section 2; thcncc 5.89'47'29' . 722.54 feet to the Southwest Corner of Lot 5 in said Section 2; thence N.00°43'57':. 797.26 feet. to the Northwest Corner of Lot 5 in said Section 2, the POINT OP IIECINNIr;C, containing 281.76 acres, more or less. EXHIBIT "F" Lincoln DeVore 1000 West Fillmore St. Colorado Springs, Colorado 80907 (303) 632-3593 Home Office Sir. John Husbia$er c/o Hoa Liston Lend Design Fartee rsblp Village Plass; Smite 20$ Glenwood Sprints„ CO 491641 July 10. 1074 Re: ODMUAL 6 2101221RINO GEOLOGY 6 SOILS wiEsTBAstK SifLLIVISION, FILING #2 GnRFILLD CO "Y, COLORADO Gentleness Transmitted herewith is a report cowman t s general and engineering geology and soils of a proposed subdivision located at estbaak tiling 42 in Garfield County, Colorado. This report has been prepared in accordance with the provisions of Colorado senate Dill 035 (30.21-133 C.R.S. 1973 ss amended) sad the Garfield County Subdivision Regulations. Respectfully submitted, LINCOLN- VO TESTING ,441 Ni 1 T. weaver Engineering Geolo ist 1 a R. Infasc ' li Professional Geologist State of Colorado MTW a RLS/kat LDTL Job No. G6-754 2700 Highway 50 West Pueblo, Colo 81003 (303) 546-1150 P.O. Box 1427 Glenwood Springs, Colo 81601 (303) 945-6020 RAW: ..z.(,e. Robert L. Bass Civil piginesr (T Reviewed -4;y $rei,w'44-1 S vt 1. D. 109 Rosemont Plaza Montrose, Colo 81401 (303) 249-7838 P.O. Box 1882 Grand Junction, Colo 81501 (303) 242-8968 P.O. Box 1643 Rock Springs, Wyo 82901 (307) 382-2649 1 ,BSTRACT: The contents of this report are a general and engineering geology and subsurface soils investigation and founda- tion recommendations for the second filing of an existing subdivision. aestbank Subdivision Filing ,2 consists of two terrace levels of the Roaring Fork River located on the west side of the Cattle Creek Diapiric .Anticline, about 5 miles south of Glenwood Springs, Colorado. The majority of the site is underlain by vertically dipping beds of the Eagle Valley Evaporite and in the southwest corner of the site inter- 1 tongues with the red beds of the Maroon Formatior,which has resulted in a large landslide which is now fairly stable. Terrace gravels deposited on 1 the evaporite beds were tilted by hydration and expansion of the gypsum and created a depression which received fine•grained sediments to a consid- 1 arable thickness. The majority of the development will be on this alluvial, 1 colluvial and eolian material. Site specific studies are recommended for any construction on or near unstable or potentially unstable slopes. Road cuts and fills should be terraced, revegetated or retained to prevent erosion. No unusual hazard exists from seismic activity, radiation, or flooding. Gravel deposits within the subdivision may be used for fill and base course material. Generally, the structures in this 1 development may be supported by typical shallow foundation systems consisting of continuous foundations beneath bearing walls and isolated spread footings beneath columns and other points of concentrated load. Bearing capacities 1 were observed to vary substantially across the site, and therefore it is felt that bearing capacities for each structure can best be determined by 1 ' • • ' inspection of the open foundation excavation. Bearing capacity ranges for various soil types encountered in this subdivision are provided in the body of this report. The bottoms of foundations should be placed a minimum of 3 feet below finished grade, for frost protection. tThe foundation systems should be well balanced and heavily reinforced. Contact stresses beneath foundations should be balanced to within + 300 psf. SLemwalls should be designed as gradebeams capable of spanning at least 12 feet. i:here walls will retain soil in excess of 4 feet in height, vertical reinforcing should be designed, ' using an equivalent fluid pressure of 40 pcf. Backfill should be compacted to at 11 least 90% of the maximum Proctor dry density. The ground surface should be graded so that surface runoff is carried quickly away from structures. More complete recommendations can be found in the body of this report. All recommendations are subject to limita- ' tions set forth herein. 1 1 1 1 1 1 1 1 • • 1 1 1 1 1 1 1 1 1 1 1 'Attest stream gullies. Noss of these gullies have "dick points" or places Personnel of iiacoln•:Vere haw completed an investigation of the proposed .;estbank 4ubdivision, Filing 2, located approximately 5 miles south of Glenwood Springs, Colorado, ori • short 1lstancs nest of Stats Miglmay 82 and the Rearm tor* lives. !his tract may generally bo described as part of the $o th+isst greeter Section 1, awd part of the Southeast quarter of Section 2, Township 7 south, Range 89 net, bth P.M. It is proposed to develop 32 single family residences. sight 4.p1ex wilts, and three multi -family units, en approximately 300 M1•0. The proposed development lies on astth USW shapes of tum older alluvial terraces of the Roaring Fork River, Elevations Alible tls property range from about .5950 to X400 feet above mean sea level. Slopes range from about 31. co the tower terrace. to abort 701. on the slope between the upper and lower terrace. Vegetation is sparse, with sagebrush predominant over the majority of the site. Some conifers are present almeg the lower slopes of the upper terrace level. The remainder of the vegetation is composed of drylatnd bunch grasses and other low herbal*, The site is moderately dissected by several small inter - 1 1 1 1 1 1 of vortical displacement up to 12 feet in height, which is an indicated of headtard erosion within the gully. In regard to runoff, the upper soils are latrly clayey, and very little infiltration takes place. Shssivaslb prsdad• nates em tae upper level, bet as the meat waters in tba gullies resales tbo lower tssrsss level, infiltration becomes great. This tends to drastically reduce matt to a level ger below that which would normally be expected. • 3 • M vt • 1 O 1 tagls Valle► tvapowtte (?ev) (See Plats 1), lain by the • 0 Y + ga o 41 0 b• 1 i 0 0 0 14 fa q4 M u y w 0 • a 461• k..44• Os O Es 0 ..4 which, at the surface is 1 O Y • y Y M .4 • • a! i • O .rf • L • N 46 AA • a.�•y 0 I. .+ .0 .•i 44 O 0 0 IP 448 a t • 1 ▪ .• • 2 1 mo i* t1 3 V+ M Halite (rockaalt) is the priscipel tock (Hallery1l71). the Eagle Valley Y M A 8 3 A 0 .44 44 !K! X es of defor atioa, including, jected to several • Y 4 • i s.1 .3 • O Y a. 1Y i• M a % 3 t.< CIw O 0 • • 4A w N 1•6 64 I ea1 T1 40 1 1 a r -U1 44 r • M 0. w i Y Y • .Q .sJ H • 44•4 I1• • burial of the v • w w v 1 8 0. • u a..44 • s • w 0. *PI gol • 3 i • M I I N— I NM I W r— I S M— NM I I M i canted effect on b* stratigrsphic section. Cattle Creek diapiric anticline i • a/ .J I a a 441 • .4 M a. .•! • • A 64 4.1 14 © g4 A 0 w° se i 4 .! w H w V .•i 44 4.1 ji' 1 • •• M y • 4.1• 0 41. 3 1 1 w O 40 • sis ai 4 as salt, toward The vertical dip 0 3 •• •• 3 • M a► • r • 0 O.a • • 0 u .. o• 0 *sure (Mallory, 1966). sulfate salts at u 0 4.1 0 0 ydrite, but is outcrop V a in the fore 3 i�► 2 u 0 1 2 is little doubt teoric (surface) waters. The typical contorted 0 14 4 01 aa • '0 V K I r 6 • t 'i 0 w a+ • u 4,4 $ x m I++ 4 a a a aa 0 3 _II a. a u a Yr1 "{ Y r► .a 7 0 a 0 M• me• ice.! u M 444 ji M Id v ) ii • -4 0 a .3 1 i 2 .°e • M • 4 I' i k 3 x 4 4' a !e 84 • '.4 • 4 w .4 t@ • I .0 0 M 0 a, to masses of gypsum 2 • u v9 Ordinarily a soft, easily weathered, i 1 .-4 •-4 • css1.d by slides • A 1 well watered e 0 a • 1.0 4 • 1 Z 1 w •n 1 a 0 s 5 NM NIB INN NW NM MN NEI MI NM 111111 MIN IMO NMI INN NW NM NMI • expansion ars still proceeding at a rate equal to or Locally exceeding *elution and erosion. Another feet that supports tbs concept of salt teetsoiao is that old river terraces which would normally dip slighity toward the river valley, do in fact, dip way tram the valley. Near the ceutes of the site by a newly constructed water tank, the dip of the terrace layers late the hillside. was measured at 15°. Tia Eagle Valleyvaperite iatsr- tongues with the MaFormation throughout the area. The Mame* Formation (Vh)is a thick sequence of reddish interbedded sandstones, siltstenes and shales of Pennsylvanian and Permian saes, cnly a small part of tka sequence is .weed on the upper slopes of the rids, is the southwest corner of the site. This interalated or Letertongaing condition with more resistant competent rocks overlyieg softer incompetent layers results in a wry unstable situation* largo lsadsll4t (glaa) has occurred is this teeercalatted arta as a result of this ceaditios. Thle ease asraasnt 01 unconsolidated aaterials probably occurred in post.alaatal tuts, ahs* the climate was much wetter. This unit new is fairly stable due to natural cementation in the soil, but natural or mau•a'ade chamois which signi1icatuly tearease the subsurface moisture could cause rsaobilisatioa of this material. If construction is to take place on or near this material, site specific studies ars recommended. nuttier small landslide (4 140 is p!!sstamt along the southern portion of the rite, where a slump has occurred in tips Aqls V -Alley :aveporits and =fluvial material overlying it. A scarp is still present at the head of the slump and "pistol -butting' ° of trees on the slops indicate active arrs*eat of the susfioial soil. .Accelerated creep is ,also present on the colluvial slopes (Qa) at the base of .eagle Valley Evaporite • • Ioutcrops, and both meet be considered unstable slopes. Zoostruction on or near either of these units should be avoided, or proceed only with detailed engineering investigations ,ations prior to construction. thick sequence of alluvial gravels ' and shotes (QtZ) was deposited on. the vertically dipping beds of the Zegle V=alley Eveporite Which wee truacstsd by the Icarian fork River. This terrace deposit is sena then 100 feet thick at its outer exposure nearest the river. but thins quickly as it tapers into the hillside. Tees upper terrace also grades into the younz r, lower terrace (4t1) gas one proceeds westward. These terrace materiels were only encountered in the test borings on the tt►res multiefamiiy unit lots as the lover tesvass Level. a► river gravels wets encountered on the upper terrain level where the majority of development is to trice peace. because of a complex unit which bas been mapped am hands. .eluvial. colluvial dad aoliaua sated, silt and clay (sass) is a complex vett ',bleb stated its development et the time this Roars* York River began dewwcuttines trace $tea rapper layers of the ,:peer terrace C t2). t that thaw a debris fee developed on the terrace gavels at the mouth of the large gully tome+eiatsly wast of the site. rOMMAInt of that debris fan now forme the ridge along thm east adze of the upper terrace level. As water caused the Eagle Valley Lvapertte lipase to swell and elapsed, tilting the terrace into the hillside, a depression was formed between tha base of the elopes and the up•tilting times and eebris Lan. This depression continued to receive ftea-grained materials from alluvial or tviter action, colluvial or gravity settee, sod **lima or Wind• blown sand, silty and clay, until headword erosion by gullying bread the dap mess icon and developed the dra large pattern exiatiag today. This unit appears to be quite thick in places but pinches out hard the river. Test Boring NO. 1 penetrated 45 feet of silty clay without eocounteri eg any terrace •1. 1 1 • • gravels or bedresk. This material is low to moderately expansive and is susceptible to surface arosioa mad subsurface piping,. .:cnstructioa acts- ' dies should be planned and executed so that no areas are stripped or cut uanecsasarily, and so that ono area of exposed soil, either is place or man - tmads. remains unprotected from arouiosa. Road cuts and fills should be 1 1 1 terraced, rave ;etatud, or retained ia such a way that water may quickly drain fres the slopes without eroding thane. in the developed areas, attsntioa should he given to the drainage, so chat store asters aiey likewise be removed fres the site rapidly without causing damage. A uick poise. present La °Luo main gully on the site witb a vertical displacement of About 12 feet 11 should be protected by rip -rap cr similar mesas to prevent further headword migration. Wbae ever a stricture is built ad jaoent to a steep slope, steps should be tskso to prevaut erosion is the arse of the fouedations. The other signifioaat geomorphic LazdforM0 present on this site are coaleusing debris fans Olaf). These fans are virwr depositional features which do not pose a si;aificant hazard from modilows or flooding. .4 mentioned earlier in the report, runoff on the upper Level 1 1 1 is greater than infiltration, but as the gullies reach the lower terrsse materials, infiltration is great ant a wall -defined draivage cbaaae1 does ' not exist. Because of the node of :lepositioa oa these fans, a loose soil structure can develop which may be proem to hydro -nor. a,;rioa ams/or :oasoli- datioa if over loaded. ?he floodplain of the .;caring fork sever is mall ceettesd by tis first terrace level which is approximately 40 fast above the lit of the river. It. Le felt that this +0 foot ,:iffareaca La elevation between the river and the first terrace should prove a sufficient portectiou during periods of f1oodi w . r.. possible effects of diming by debris down- stream during extreme floods, however, cannot be determined sod might possibly 1 effect the site at sometime' Tie rimer terrace level can be considered free of flood hazard dM to its Leight above the river, 4 minor rockfall hawed may exist in the southwestern portion of the site, but the largest boulder noted on the surface was about 2 feet in diameter and it did got reach the proposed lots in this area, dopes on the wa=le Volley trapsrite ' and the terrace gravels i oodiatrsly overlying the defile Volley tvarerrite roust be considered unstable, and therefore, deep cuts, or filla which load the slope, should be avoided. :in, protection from erosion must be maintained. Retaining structures, or nektons may be necessary to support the proposed access road if deeply weathered ijpsiferious muds one or other 1 taseepetent materials era encountered. The proposed estbank II .;ubtlivision lies in an area of slight regional seismic activity where shocks may achieve a Modified M rcalli (or Ht>10 intensity of VtI, or a Richter magnitude of 5,0. This is considered the threshold for significantly damaging quakes. The City of Clenwcod rprLr s experienced a shock of M`. K tntensity V in 1889. In the year 1967, when research was done on the problem, saes 20 shocks of ' TA.chter ts.A ,nitude 2.0 to 4.0 vete epicentered is the vicinity of Baxter 'Mountain (about 12 miles north of .-, stbank), sad another such shock was epicentered et the Harvey Cap Reservoir (about 20 miles west of ,.estbaak), ' This last shock was believed to have been artificially induced by the presence of the reservoir. Ocher tremors have bee* recorded in the open vicinity. r:'nils this part of Colorado is not in an area of serious earthquake danger, a certain risk does exist in the area which must be taken into consideration ' in the design of structures, embankments and cuts. It should be opplwised ' that this risk is by rio mesas limited to this site, but is regional in nature. •9- 1 alA O 0 • NSa • a N 0 .+ 41 f+ 0II a▪ lI • '3l/ ▪ . • 1 f• R a 8 • • 3 • a 0 with this particular sits• asard exists on .0 • 0 ~ 0 v O 44 14 .4 O 14 a u ▪ a 0 �: c 4 0 14 4 • 0 .r ,..t 0 314 • © 41 1 14 14 M N ft P44 ▪ 1.4 V u It r$ • w a asd 0 r • r 4 3 • a 1• 4, V 4i a 0 f u • .4°.a }• • Fi f 41 a .4 to wi teas t deposits ars found location of rsdi y 0 .a ^7 A 04 L • • $4 J • • :4 VI • 1 ▪ A .94 0 L 0. 3 Zi' V .0 w .-1 .44 41 0 • • 4 .4 s14 • 14 0 0 '0 w .o .,4 Q 4.4 V • o1.4 • V • 0 pp • a tJ a ++ .• R 1.1 a I .+ M OL .°a . • 441 A rcxiawtsly 3 of Rift., Color • 0 • 44 0 enter of the sits. mouths of two gullies in the tad in this eras, and has bee mapped in our 1 1 idsrad in tenial should i be as -made till WI). • 3 t without bat will be s heavy yb the remainder of this osit will not significantly 4 w '4 4 it is beliavd that the value of Y • 44 • ;h » ../ .A �i y 4 S O la w 2 -4 1 rt V 0 .3 0 0 0 . 0 4.4 -10 0 A s .C! .4" 1-40 I. '30 i Is 4 wr/ O 4 r.! 10 V 4 1 .44 4 :1•: .0 Oil * .44 44 1.•g O Y 3 14 40 !. 0 N P-' a w V i 10 0 64 '" • M V 1 i • da •• a 0 • 1d 44 ++ €i 41 4 4• 4 1 .04 444 u y al 74 a 1 1 • .41 w first filing at I 111111 EN S S r M = ON I I r all r 1111111 N = O wells in the first linea. Tests should be performed on these wells, if they have ►not busts already, to detentes 1f the water supply is adequate for the proposed use sad to assess its dependability. k.41 i % Ti4'xi f r 111'4 s Tea teat borings were drilled across the site, as shown on the attached Test Boring Loeativn :J;:agraai. These borings ware placed in *mob a mer as to obtain a reasonably good profile of the subsurface sada. All borings were trilled r,ith a power -driven, ►on- tiauuus auger drill. ►les were taken with the standard split•spoon simpler, and by bulk methods. Two general soil prcfiles were eneountere in t r. c: SZ � r wct;,:�. the first general soil profile, encountered in Borings 1 through 7, consisted of alluvial an ,.ol.luvial sand, silt and clay. This material, described in a previous section of this report, has belga snapped geologically as gess. This deposit is characterised by its variability, but was encousytere4 as silty and sandy clays in our test borings. Gravel au san leases were encountered throe hout the soil pro• file, as well as geeerally scattered trawl eased particles. The second sausl soil profile, #ta;countered La Borings 3 through 10, consiste6 of a river terrace siepcsit overlain by clay and silty clay uaterials...e terrace material, which was dopusited by the ;action ui the e,axrini; lurk :,:.ver in the past, can be wiscribad ac & si ry sena matrix surrounding brave:, cobbles. anis boulders. The deposit increases in density and particle siee with depth; and refusal on tightly wasted cobbles was encountered in brings 3, 9, and 10, at the depths shown on the drilling Toys. layer of man -eats £ill approximately 3 foot is $Mstes woe encounter©d in the vicinity of Test Boring No. 3. • The samples obtained duzLs our Mild exploration program have been divided into four soil types. More precise 1 LaractLbLic$4„of those soil types ars provided en the attached summary enacts. iuec following discusatoa will b. eessra1 La nature. roil Type No. 1 classified as a lean ?., (:w) of fine grain size. fats material is plastic, of low permeability, gnu of moderate to high density. i. a relatively dry, dense condition, tisr matarial will have a teudeency to expand :apoa the addition of moisture, with expansion pressures on the order o: 700 psf being measured. This 1 material has a teaienc y to consolidate under applied load. To minimise 1 1 1 1 1 1 1 1 relhaioroed, and allowable beating, capacity- values should mot be exceeded. effects of expansion or consolidation, we recosswsed careful balaaciug arid reinforcing of the various foundation components. If foundations are pia ::a t in this material, LL- may be proportioned on the basis of a pre- liminary bearint capacity of 4000 pet, -with a minimum design pressure of 700 psf being maintained at all Wes, It should be noted that this is a prelimiaary value which should be verified by inspection of the open loumda• tion excavation. Soil Type t . 1 contains sulfates in detrimental quantities. :soil Type No. 2 classified as a silty ..fay (LI/ L.) of fine gain size. This material is slightly plastic, of low permeability. and was encountered ie a variable density conditioaa. is soil will nave very little tendency to exp ad upon the addition of waisturs. Ic wills axsweever have a tendency to a:oisolidate upon loading, expeGially where it exists in • low density stets. For this reason the foundation systems placed in this material should be properly balan:..ed and 1 1 :soil "type So. 2 was found to have a maximum .11d +able bearint capacity ranging from 1000 to 300J psf. Tne precise bearing value should be determine at -12- 1 • • the time csi the open foundation excavation laspectioe. boil Type No. 2 Seetaiaa Hui etes isi detrimental quantitisa. Soil ?yrs llo. 3 slsseified as a lean s1q (CL) with coesiderable sand-sissd natesial. this Nil type is plastic, of low permeability neve was eucountersu in a moderate to high density condi- ttou. Buil Type No. 3 will ,Aavl re sit t t tendency to expand upon the addition of moisture, with swell presautea on the order of 350 pouf beinb anticipated. li 4411 also have a slight cancene:y to consolidate under load. -us to the expansion and consolidatioa cheracterlstica of this soil, balancing; and reinforcing; recommendations a01 considered important. Foundations placed in this material may be proportioned vn the basis of a preliminary allowbls boastsg capacity of 4000 psi, with a minimum required dead load pressure of 350 pef. TteLs value E.WULi be verified by inspection. :3oLl Typo N. 3 cant:ins sulfstss i4 detrimental yuaatities. 40.1 "i;ype So. =i classirietd as ae silty sand CAI) of coarse gain *Lae. ?his soil Cype was acted to ::uutain numerous cabbie a:.j gravel sided particles, as well as layers of fine silt Auui clay sized material, t is material was encountered in tae lower portion of test borings $, 9, and 10. lea general, tuia soli is non-pi,aatie:, of medium to high psrosability, and of medium co nigh dossity. Tease granular materials will have virtually no ten eocy to expand upon the addittoa of moisture nor to log term consolidation wader applied foundation stresses. dw+sysr, they do :lave a tendency to settle under tee initial application of the foundation stresses. Iiia stettl at: stlVvi.+ be faddy rapid iia esturu, end should be virtually complete by cue end of construction, Judging from the initial density of the soil, we would anticipate very little differential movement. This is particularly true if tufa allowable bearing vale's given La this report are not exees4e L and if recommendations pertaining to reinforcing and -l3• • . ' balancing are fbllo ee. Soil Type No. 4 was found to have an allowaila tearing capacity on the order of 4000 psf maximum, as an overall sit• 1 evere4e. These granular materials were found to be relatively fres of mai. fates. 1 bo tree water was encountered in 'any of he test brings placed on Lois site. Free water is believed to be fairly deep in this area, and should not affect the propose' foundations. Certain areas of the subdivision, however, due to topozraphy and soil eoaditions, way be susceptible to subset ace seeps ^'•. Tor this reason, ' subsurface peripheral urains may he nezessary around some of the structures. ' The necessary drainage measures Lor each building lot can be established at the time of the open foundation excavation inspection. 1 /0440410N Wt 1 1 1 The Liboratory bas not at this time seen a set of construction drawings for the proposed structures. It is our enderstaneing, however, .tat tile: structures mill be single and multiple family ressiJaati.al eats of conventioaal design, and foundation loads will be light to moderate in megnitade. ny special loads or unusual design conditions should be reported to the Laboratory so that changes in reeom- ' mandation may be male if necessary. y-towever, based on sail conditions and project characteristics previously outiiaei, the following recommendations 1 are made. 1 fouradatie:a systems eoesisting of continuous foundations beneath bearing walls 1 1 range fres 1000 to 4000 psi, depending upon soil type and location. Amilarly, It is our reeommendation that •hallow end isolated sprsa4 footings beneath columns and o.:lber points of concentrated load be shad to carry the weight of the proposed structures. 1%.a beearin; capacity of the soils, as discussed is the previous section, were observed to 1 -14. 1 1 1 1 • • minimum Resign pressure values to counteract expansion were noted to range from 0 to 700 psi. Because of this variance in values, it is not possible to give precise bearing capacities for the sate in general. 'Ather, it ii suggested that bearing values for each individual site be established by inspection of the open foundation excavation. The bottoms of foundatt ma should be places: a minimum of 3 feet below finisbeJ t:rade, cr as dictated by local building codes, for frost protection. ..rue to the consolidation and expansion potential of some of the soils encountered on the site, as well as the possibility of founding a Bingle structure on two dissimilar materials, it must be recasmeoded that the foundation systems be balanced to lower the possibility of differential aov� 1 t. `r'.:.e structures should be balanced so that the total load on the soil is approximately the same throughout the entire structure. itis can be accomplished by placing narrow footings beoe+eth lizhtly loaned wails and wider footings be, ealb more heavily loaded walls. 1 1 1 1 1 1 1 It the building is to be a single story structure with no basement, balancing should be accomplished using the dead load only. However, if the structure is to have a basement or to be multi-etorisd, balance should be accomplished using the dead load plus appro:rimately ons•half of the live load. Using whichever criteria is applicable, the building should he balanced so that the total load a1onall bearing wails is within :00 psf at all points. Isolated interior column pads should be designed for unit loads of approxi• mately 200 psf nreater than the average selected for the exterior walls. Ise order to make the structure somewhat more rigid and to spread the loa4is more evenly around the building, it is recommended that all stem walls of the structure be dashed as grade beams capable of *peening at least 12 fast. Uurisontal reinforcement should be 411 • ' ,laced cortinuously around the structure with no gaps or breaks ice the reinforcing steel unless they are spe.iakiy designed. Seams should be reinforced at both top and bottom, with the majority of the reinforcement being placed near the bottom. AAers founeetion welts will retain soil in 'excess of 4 feet in banal, vertical reinforcing should be designee!, based on an equivaleut fluid pressure of 40 pcf for the soil in the active state. Floor slabs say be placed directly on grade or over a compacted gravel blanket of 4 to 6 inches in thickness. If the ravel bond is chosen, it rest be provided with a free c rainae:e out- ' Let to the surface ani must moc be allowed to act as a water trap beneath the .floor slab. Floor slabs should be constructed sc as to act independently of other structural portions of the building. :oncrete slabs should be placed in sections no treater than 25 feet en a si n. Ceep construction or contraction joints could be placed .at these lines to facilitate even breakage. This will help reduce to a minimum any unsightly cracking wbieh could be caused by differential movement. To aid in the rapidity of runoff and to make the structure somewhat more rigid, backfill around the structure ens: is utility trenches leadiatd to the structure should be compacted to at ' least 9O of maximus Praetor ery density, ' TM x•698. The native materials found on the site may be used for this backftll provided material larger than 6 inches in diameter is first removed. h; aerial should be placed in ' lifts not to aceed 6 inches in compacted thickness at a moisture content approximately equal to the Proctor optimum mtc!ature content, plus or minus ' 21. Backfill should be compacted to the required density by mechanical swans. • • ' So rater flooding techniques of say vivo sbseld be seed is the plasma's of fill os this site. The use of vibratory compaction equipsest may facilitate the commotion of backfill where grassier soil types ars used. A sismable area of ata snide till estate ' is the vicinity of Test Sortag No. 1, which is shown oa Piste 1 ss (111. here buildings will rat t* this material, the fill should be removed see replaced with suitable material compacted to at least 957. of the adnun ' Proctor dry density. AS= 0l41. Audi tem illy, soy fill, debris, orgasrie topsoil, or otherwise unsuitable anterial encountered in areas of proposed ' somstruction should be removed sad replaced with suitable fill compacted as spsettied above. The open fossdatioa excavation sboali be inspected prior to the construction of foram or placement of ceasaels do establish the required design criteria sad eas*re that no debris, soft spots, or areas of unusually loom density are located within the footing region. ' The ground surface around the structure should be graded so that surface runoff is carried quickly *way from the 1 1 1 1 building. Minimum gradient within 10 fest of the structure Drill depend upon surface landscaping. ibwre or paved areas should maintain s daimon gradient of ll within the 10 feet immediately adjacent the structure. 'bile all land. soaped area should maietata a simians gradient of 5%. goof drains must be carried across all b*Cktilled radians and discharged well away from the structure. The fine grained soils encountered on the site were found to contain detrimental quantities of sulfates. Therefore, a Type II Modified Cement is reewmesded in all concrete which will be in contact with the sobs. Under no circumstances should calcium chloride ever be added tea Type II Cement: • • It is belied that all pertinent piste 00Acereth$ the subsurfsee sells on this site haw been covered in this report. If soil types sod ssoditiass other than those outlined herein arca voted duties oemstsueties cm the site, these should be reported to the Lmboratery so cost Dass is recommendations can be made, if these are aeoessasy. if questions arise or further information is required. please feel fres to contact the Laboratory. • • 01 111 • C9 • w 1 ., OP .4� II ND - ? • M, K3 a► Q • w pM p. Mi 0a A M ; 1 W i.„ ei 0 ea s�Ap 0 $4 ,+ O J +I •. 00 0 344 I,7' >v 0 w 4 00 31 1 0 o y ▪ 4 • w''A°•• &A .i • w 1* • p4, •40• 4 W 1 or N w C) c1 14 7 }•A • 4..• 0 04 Ai 0 es .moi tq 0 r• 2 j • in Engineering: • or01 • .4 • N • • 4 • erg • Mill MN NMI Mill NMI ME 1E11 INN Eli NM MN 11111 MIN SIM INN OR MI Ell 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 7MBOLS 8i NOTES: SYMBOL DESCRIPTION SOILS DESCRIPTIONS: SYMBOL USCS DESCRIPTION Topsoil Man-made Fill GW WeII-graded Gravel GP Poorly -graded Gravel GM Silty Gravel GC Clayey Gravel SW WeII-graded Sand SP Poorly -graded San: SM Silty Sand SC Clayey Sand ML Low -plasticity Silt CL Low -plasticity Clay OL Low -plasticity Organic Silt and Clay MH High -plasticity Silt CH High -plasticity Clay OH High- plasticity Organic Clay Pt Peat 0 0;0:o. 0:0:0:0: 0:0;0:0; 0:0:0:0 0 0 0 0 0 0 0 0 0000 0000 0 0 0 00 I 1 I 1 I // of 9/00 ,6 00 tf 00000 00000 0 /cry(' O 00 000 op 0 0 0 .0• 0• 0 0 I1Iiil ��� i II I ROCK DESCRIPTIONS: SYMBOL DESCR/PT/ON GW/GM Well- graded Gravel, Silty GW/GC Well -graded Gravel, Clayey GP/GM Poorly -graded Gravel, Silty GP/GC Poorly -graded Gravel, Clayey GM/GC Silty Gravel, Clayey GC/GM Clayey Gravel, Silty SW/SM Well - graded Sand, Silty SW/SC Well -graded Sand, Clayey SP/SM Poorly -graded Sand, Silty SP/SC Poorly - graded Sand, Clayey SM/SC Silty Sand, Clayey SC/SM Clayey Sand, Silty CL/ML Silty Clay SEDIMENTARY ROCKS CONGLOMERATE SANDSTONE SILTSTONE SHALE CLAYSTONE COAL LIMESTONE DOLOMITE MARLSTONE GYPSUM Other Sedimentary Rocks GNEOUS ROCKS GRANITIC ROCKS DIORITIC ROCKS GABBRO RHYOLITE ANDESITE BASALT TUFF & ASH FLOWS BRECCIA & Other Volcanics Other Igneous Rocks METAMORPHIC ROCKS GNEISS SCHIST PHYLLITE SLATE METAQUARTZITE MARBLE HORNFELS SERPENTINE Other Metamorphic Rocks 9/12 Standard penetration drive Numbers indicate 9 blows to drive the spoon 12" into ground. ST 2- I/2" Shelby thin wall sample Wo Natural Moisture Content Wx Weathered Material Free water Free water table Yo Natural dry density T.B.— Disturbed Bulk Sample 0 Soil type related to samples in report 15' Wx Top of formation Form. Test Boring Location CC Test Pit Location Seismic or Resistivity Station. Lineation indicates approx. length a orientation of spread (S S. Seismic , R. Resistivity ) Standard Penetration Drives are made by driving a standard 1.4" split spoon sampler into the ground by dropping a lao Ib. weight 30". ASTM test des. D-1586. Samples may be bulk, standard split spoon ( both disturbed) or 2-1/2" I. D. thin wall ("undisturbed") Shelby tube samples. See log for type. The boring logs show subsurface conditions at the dates and locations shown ,and it is not warranted that they are representative of subsurface conditions at other locations and times. L' LINCOLN COLORADOt Colorado Springs, Pueblo, DeVORE Glenwood Springs, Montrose, Gunnison, TESTING LABORATORY Grand Junction.- WYO.- Rock Springs EXPLANATION OF BOREHOLE LOGS AND LOCATION DIAGRAMS Test Hole No. Too Elevation 5 I0 15 Z2O W 25 30 35 40 CL Lear C/ay, 5 /.,b 113," Sanay� Ory; L/ CL/ALIL S, ///y C/ay, S„r'e 7a40/ 44,/4 4¢' Ab'9.8 zt/is L►f.•9.0 3S/iZ 1,4 / 0 zS/,Z 0 .4/' n,4. s /. 3 0 I 7/,z wO 3 Z 4//z /</0 = a. B 0 ,4"e114ser/ orr Cv66/es Brown , 5/,9h//y Mois Sa,•.�, 9 pe iz 0 2 9,/4l c. =,z. 10 - 0 34/,1 ®15 _ J 3 o/,Z .w= 9i 0, 20 30 — 1 35 40 DRILLING LOGS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS -PUEBLO, COLORADO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15 u� z`0 C.. 25 30 35 DRILLING LOGS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS -PUEBLO, COLORADO CL ear f/7y110 Sc.af%red 6.--evl� I* --Y Sdeay, u/41e's CL./NL01 5, Ai cidy,01P L.1. 43.,--,:.‘,...,-;43.,--,:.‘,...,-;/ T—dam -is„ / S�/fi/ct CL Z "Pg Sl,c,7; Tixe G.mr/ S�/sGfe - 0 10 0 04A, 00 , 20/Z w 4.S 3 i.< �iz ‘,./..:: 6.7 O Wo, 9.4 0. 34,44 r 9.6 _ i 1 T w CL Lear C/�; + F•iw, Red ��4440 fa i Be, /1", Cd/c.ertariS S 4./47le5 Sam e, f/arol 01 Same 0 011 _ 461/i7.4 0 S o Pi ,e% : 9 Z O c'=79 Oi Si/ix C/ay,001 5//9%71/y 5dsdy, R4ro1o/%ih B.'o ,....,7, 5c� #`e ld G.--.?ve/ Ste/ les 51...! ,4:iy17!/ 00 01 01O 01 _, /�//L(o.7 S ® - a i//z k6-' Z 8 7 10 44..8.315 $ z 0 JI I L8//L i .. `. 7 .. z 4h. - .4,70 ...... z 30 35 • an DRILLING LOGS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS -PUEBLO, COLORADO 1 1 1 1 1 1 1 u 20 1 1 1 1 1 1 1 T. Hole No. Tot 10 15 25 30 35 40 7 levantin - T� lL/�L S.//y C/ay s/.91,x/ y Sand y- '/ _c�1�e/C" Gia„e/ S�/<�� GL L tea., C /ay Su/47S, �I �� 'I ' / 9/� Z A,91,/,:./.,,,. f a: ,v., © _ X6.8 - 3,c ,g4, /.a .5. o F.// So Ff - CL. B G/a t a� y l/ 5.7,701/ ++ ��y �;.-,.,, Sc, f/9ie-s C,✓�re/ So/i ns / 2 SM S//�y .----,.....--5.•;. M.,.,s/aus G, -.:7,.. -tit/ Co66/mss '4,6) ,4.1..ero/ al I 1 I 1 /i - 1 % I 0 1 Ic • I 1 o 1 �. / sn/s i„,„6.3 9 ® so%z kt,:3.6 �r r, O 1 I //1L CL s///y C/ay; 5//y%//y Sa.►dy, %/J€G 6.dv6' {' 1 I ' �Oi.eS.e Re # ix 1 ...0 ,6ov//?yam 1 1 - 4. 4. . 1 ... 11/4.wv n is lr✓�vt/ f 06..; - X6 aw A4frs ;4-ce Ca66/mss I 4% I !/ I 1 `I) 351 40 ”" DRILLING LOGS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS -PUEBLO. COLORADO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 111 i: • Test Hole No. Top r /0 DRILLING LOGS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS—PUEBLO, COLORADO I city 2' SN .il' _ S,/?,, yJ4 I Gia/e, i I 1) c.+«./esO 1 R�US� � ( O t • r C•66/es 10 ~ • 1• T ♦ 46 • 15 " • • 1 • « 20 t 1 - - + - 25 • 4. i. 4 30 - - • • • • 35' DRILLING LOGS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS—PUEBLO, COLORADO i 1 1 1 1 1 1 1 1 • • SUMMARY SI+ ET Soil Sample CL Test t,,. mss- Location 44-sff" 7/2/78 Boring No. / Depth 5 Sample No. / Te;+ GA-- Natural Water Content (W) 9.0 ^G Specific. Gravity (Gs) In 'lac, Jenv.ity (To) pcf SIEVE ANALYSIS: Sieve No. 1 1/2" 1" 3/41— I/2" 4 10 99.6, 99. Z 20 40 100 200 HYDROMETER ANALYSIS• Grain size (mm) 98.4 97 Z 93. 7 85". 7 02 flo. 7 Plastic Limit P L /7`{% Liquid Limit L. L. 3/-5 % Fic-,tirity Index P.I. /4./ To Shrinkage Limit /2 % Flow Ind .x Sl --r inkage Ratio °o Volumetric Change Linea! Shrinkage % MOISTURE DENSITY: ASTM METHOD Optimum Moisture Content wrO_—°10 Maximum Dry Density -Ti pcf California Bearing Rati', (a-) Swell. I 1"),a,„5 2-9 % Swell against 772psf Wo gain /6.3 Oo BEARING: House! Penetrometer (cv) ¢ono psf Unconfined Compression (qu) psf Plate -Bearing: psf Inches Settlement - Consolidation % unde psf PERMEABILITY: K (a t 20°C: Void Rai io Sulfates dOoc> SOIL ANALYSIS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO SUMMARY SH ET 65- 754 Soil Sample_ C` //IL Location. ��' `. Boring No. t Depth S Sample No._ z— • T€ i Naturci Water Content (w) to ?o . B y cf Specify. Gravity (Gs) SIEVE ANALYSIS: Sieve No. 1 1/2" 3,%4`• 1/2" 4 10 20_ 40 100_ 200 99.9 99 7 99-3 HYDROMETER ANALYSIS - Grain size (mm) OZ 90. <o 2B- 7 0/0 374 SOIL ANALYSIS 1 Plastic Limit P.L. /79 %23 .9 �� Liquid Limit L. L. oa ";: sti 1ty Index P.I. i, Shrinkage Limit /7-� 'c Flow Index Shrinkage Ratio % Volumetric Change Lineal Shrinkage % MOISTURE DENSITY: ASTM METHOD Optimum Moisture Content wO °o Maximum Dry Density -Tc /0cf California Bearing Rati, (a.) Swell- l Days '-.5 % Swell against /99 psf Wo gain. /78 % BEARING: House! Penetrometer (cv) 400o psf Unconfined Compression. (qu) ps f Plate Bearing: Psf Inches Settlement f Consolidation % unde ps PERMEABILITY: K (at 20°C) Void Ratio Sulfates zSOOr ppm. LINCOLN -WORE TESTING LABORATORY COLORADO SPRINGS, COLORADO 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 Soil Sample SM Project was __ n Sample Location T— 9. /6-'a € k___ GT RA': E L SAND Cn oa_.t:e t in rCil . Nie i.. la - Tet No. GS - 751 Date -? /S 7e ._ fest by G EG Fin. z:T TO CLAY 1 ;;,.,r i antic to Plastic III 11 I "r7 ,7- t+ T -r 1 ?+1 } i . y r I TI - T t 4- 10o 11/2 „ 4" 1. Damef .er- (rrt- j- #s2') 040 41CC #20 `C - Sieve No. Sample No. Specific Gravity_ W.isture Content Effective Size Cu_.__ Cc Fineness Modulus L.L. 4 F.I. /1//7 _ BEAR1NW ¢Doi -- — _ psf GAIN SIZE ANALYSIS • 01 1 1/2- % Passing 11, 1, 3/4" 1/2_ 3/8' 4 10 /DO 90.6 879 74'.2 4,5 .2 5.6./ 20 40 100 45. 38. 4 25.7 200 .0200 ,0418- 2 4- 0 /0.4) 3. 8 Sulfates /�00' Ppm LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO • • LEAVENWORTH & LOCHHEAD, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD SHERRY A. CALOIA THOMAS L. ADKISON Mr. Andrew C. McGregor County of Garfield 109 Eighth Street Glenwood Springs, CO 81601 Re: Westbank P.U.D. !Dear ._ U Andrew: February 10, 1992 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-2261 FAX: (303) 945-7336 F�rI EI;..II_t.LJ'__.3 t : FEB 1 1 1992 I �;y GARFIELD COUNTY On behalf of the Westbank Homeowners Association, I am writing to advise you of certain matters related to the County's consideration of the final subdivision plat located within the Westbank P.U.D. for which extensions have been received since the early 1980s. As you know, the Homeowners Association raised certain concerns relating to water in connection with the County's consideration of an additional extension of this subdivision plat (Filing No. 4). As you know, the Homeowners Association had a water rights engineering report prepared which verified the concerns of the Association relative to the water rights serving the P.U.D. The Commission continued the matter for a six-month period to allow these issues to be addressed. Although discussions have occurred between the developer's representative and the Association, no agreement has been concluded as of the date of this letter. However, I have spoken with a local attorney who has been recently retained by the developer to assist in the negotiation and drafting of an agreement concerning these matters. The Association is hopeful that an agreement can and will be reached very quickly. However, to ensure that the matter does come to conclusion, the Association would ask that the matter be placed on the Commission's agenda in March. If a written agreement has not been executed by that time, it is unlikely one will occur. Therefore, to ensure that the matter is ^^.. siren In .a holly rvm..nnn.- please .nne the matter the March n ^ e Mfr for k.. brought to conclusion t -.�., manner, 1. .. Nm.V place i.i1A. l.IL4LL....r on Lith.. .Yltia l..1• 3bClidia 1V1 Lilt. Commissioners' meeting. If you have any questions or believe I or a representative of the Association should be present at the Commission's meeting on Wednesday, February 12, 1992, please let me know. LEL: rin cc: Billie Burchfield, Esq. Jeff Carlson Very truly yours, LEAVENWORTH & LOCHHEAD, P.C. 7, y) enworth • ROBERT F. CHAFFIN ATTORNEY AT LAW June 12, 1991 ) r" l5)y I` i, JUN 12 1991 li GARFIELD LIUUNTY Mr. Mark Bean Director Garfield County Regulatory Offices and Personnel 109 Eighth Street Glenwood Springs, Colorado 81601 RE: WESTBANK RANCH FILING IV PUD Dear Mark: 811 COLORADO AVENUE P. 0. 130X 698 GLENWOOD SPRINGS, COLORADO 81601 PHONE 1503) 945-5474 I am representing Westbank Ranch No. 1 Ltd., the owner of the Westbank Ranch Filing IV PUD. Recently, John Huebinger, Jr., the President of the General Partner of Westbank Ranch No. 1 Ltd., received a letter from you indicating the County was having the Planning Commissioner review certain uncompleted PUD's. Please consider this letter a request for extension of the subdivision improvements agreement for the Westbank Ranch Filing IV PUD until January 1, 1993. As you and all the rest of the residents of Garfield County are aware, the economic climate in our area has been one constant roller coaster since 1982. While there was a glimmer of hope during 1989-90, the recent mine and Unocal closings effectively destroyed that for now. Therefore, because of these unfavorable conditions which my client could not control, it has been impossible to complete the PUD. Within the next 18 months my client will be able to make a final decision on this matter. On Monday, June 10, 1991, John Huebinger, Jr., received a copy of the agenda of tonights planning and zoning meeting which indicated that attorney Lee Leavenworth wrote your office back in April , 1991, to complain about the PUD as indicated in his letter attached to the agenda. If the Planning and Zoning Commissioner is going to entertain Mr. Leavenworth's extraneous issues in this hearing then my client respectfully requests that the hearing be continued so we are able to fully and completely respond to them which we have not had the opportunity to do for tonights meeting. Very truly yours, Robert F. Cha in RFC/tmc cc: Mr. John Huebinger, Jr. • • LEAVENWORTH & LOCHHEAD, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD SHERRY A. CALOIA THOMAS L. ADKISON Mr. Andrew McGregor Garfield County Planning Office 109 Eighth Street Glenwood Springs, CO 81601 April 17, 1991 Re: Westbank PUD Filing No. 4 Dear Mr. McGregor: 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-2261 FAX: (303) 945-7336 ... APR 18 1991 GARFIELD COUNTY 1 We are writing on behalf of the Westbank Homeowners Association to express their concern over the status of water rights (domestic and irrigation) and the water system facilities for Westbank PUD Filings 1 through 3 vis-a-vis the existing subdivision approval for Filing No. 4 of the Westbank Subdivision. The developed Westbank Subdivision (Filings 1-3) was approved and built in the late 1960s and early 1970s. The water rights and water system facilities to serve Filings 1-3 were not conveyed to the subdivision upon development and continue to be owned today by the developer, a limited partnership associated with Mr. John Huebinger. The Homeowners Association has been negotiating with Mr. Huebinger for approximately 18 months to obtain written assurances from him and the partnership that further development of Westbank will not injure the appropriate and necessary water requirements of the developed subdivision. The Homeowners Association has been unable to obtain such assurances. Our review of the County land use files indicates that in 1978 the developer of Westbank proposed an additional 100 units on the upper bench of the subdivision as Filing No. 4. Subdivision approval was granted by the County in 1981, conditioned on timely construction of the improvements listed in the Subdivision Improvements Agreement (the "SIA"), attached hereto; and timely posting of a Letter of Credit in the a.mnunt of $1,302,513.n0, for the benefit of the County, to cover the costs of improvements required. On an almost continuous basis since 1981, the developer has come back to the County and obtained extensions for construction of the required improvements and for the posting of the Letter of Credit. The last extension granted was in August of 1987 and required that the Letter of Credit be posted by July 1, 1990, and construction of the required improvements be completed by November of 1991. A review of the improvements listed within the SIA indicates that the cost estimates were modest at 1982 levels and are low at today's prices. The County, therefore, may have signi- MCGREGOR.1 LT 4 r • LEAVENWORTH & LOCHHEAD, P.C. Mr. Andrew McGregor Page 2 April 17, 1991 ficant exposure for the cost of the improvements. Furthermore, the utilities proposed may be insufficient to provide adequate water and water pressure for the existent subdivision (Filings 1-3) and Filing No. 4. The engineering analysis provided when conditional approval was granted in 1981 fails to assure us that development of Filing No. 4 will not interfere with the ordinary and necessary water and water rights needs of the existing Westbank Subdivision. The water rights analysis done when Filing No. 4 was conditionally approved is insufficient by today's standards for approval of an approximately 100 -unit subdivision. We are not asserting at this time that the proposed improvements will not be sufficient or that there are not sufficient water rights for Filing 4, over and above the needs of Filing 1 through 3. We do believe, however, that the record is insufficient to make this determination. Moreover, the Developer's failure to agree to the simple concepts implied in my letter to him dated February 13, 1991, underscores our concerns. A copy of that letter is enclosed. We would further note that the developer is currently in default with regard to the conditions for P.U.D. approval, since the Letter of Credit has not been posted by the required July 1, 1990, date. Furthermore, the developer has executed a Consent to Vacation of Plat upon the developer's failure to timely deliver the Letter of Credit. (See, SIA, attached hereto) We are requesting that the County, as a condition of any further time extensions for Filing No. 4, require that new water rights and engineering analyses, consistent with today's standards, be performed to assure that there is sufficient water available to fully serve the needs of the existent Westbank Subdivision and development of Filing No. 4; that the cost estimates within the SIA be upgraded to reasonably reflect today's prices; that the Letter of Credit reflect the added costs of the required improvements, and that the issue of ultimate ownership of the facilities and water rights be resolved. We are making this request to assure that sufficient water is available to serve the needs of the developed Westbank Subdivision, (Filings 1-3) before further approval of Filing No. 4 is granted and that such final approval be withheld if sufficient water to serve both the developed Westbank Subdivision and Filing No. 4 cannot be shown. We thank you for your attention to this matter. LEL: rin Enclosure cc: Don DeFord, Esq., w/enc. MCGREGOR. 1LT Very truly yours, LEAVENWORTH & LOCHHEAD, P.C. L03a1 . Leaven orth • LE COPY LEAVENWORTH & LOCHHEAD, P.�. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD SHERRY A. CALOIA THOMAS L. ADKISON February 13, 1991 Mr. John Huebinger, Jr. Westbank Ranch No. 1 Ltd. 0235 Oak Lane Glenwood Springs, CO 81601 Re: Westbank Homeowners Association 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS. COLORADO 81602 TELEPHONE: (303) 945-2261 FAX: (303) 945-7336 Dear Mr. Huebinger: I met with Dick O'Donnell and Frank Brown recently and was sorry to learn that you felt we were in some way pushing you or trying to take advantage of you. That is certainly not the Association's intent. All we are trying to do is what is fair and equitable for all parties. Moreover, following the last meeting we had in my office, I thought you had agreed that resolving the legal rights of the Association and Westbank Ranch No. 1 Ltd. was in both parties interest since it provided you with a clear definition of your water rights and water system position vis-a-vis Firing No. 4 and made Filing No. 4 more marketable. Also, we believed that everyone agreed it was time to formalize the various rights and obligations of the parties in a written agreement. The Association's position is quite simple: (1) the water rights and water facilities, including easements, for both irrigation and domestic water that are appropriate and necessary to service Filings 1 through 3 inclusive in a manner consistent with historic use (and for full build -out of Filings 1 through 3) are reserved for the benefit of Filings 1 through 3 and your Partnership is entitled to the balance of such water rights and entitled to use the balance of any excess capacity in the facilities, if any; (2) the physical facilities currently used to provide domestic and irrigation water to Filings 1 through 3 will not be used by the Partnership to provide water to Filing No. 4 unless such use will not jeopardize the quality, quantity, and price of water supplied to Filings 1 through 3; (3) all physical facilities necessary to provide water service to Filing No. 4 and any water rights work that must be done to provide such service will be installed or undertaken by the Partnership and paid for by the Partnership; (4) any operation, maintenance, or reserve for replacement costs unique or solely attributable to Filing 4 will be the responsibility of the users within Filing No. 4; and (5) these concepts and principles will be binding upon the successors and assigns of the parties. HUFBING.2LT 111 LEAVENWORTH. & LOCH1AD, P.C. Mr. John Huebinger, Jr. Page 2 February 13, 1991 Our position, we believe, is quite reasonable, equitable, and consistent with County approvals and your representations. Frankly, we would be comfortable if you would simply agree to these concepts by executing a copy of this letter indicating your acceptance and returning it to us. As always, if you wish to discuss this matter, we are more than willing to do so at your convenience. Very truly yours, LEAVENWORTH & LOCHHEAD, P.C. / /- Lo al - mal E. I� venworth LEL:lln cc: Westbank Homeowners Association Robert F. Chaffin, Esq. APPROVED AND ACCEPTED this day of , 1991. By HU BING.2LT WESTBANK RANCH NO. 1 LTD. General Partner • • 0 n 11 7,?S I } 1 I , 11 G`1251991 ii! .zAt l ILLL) L.ULNTY November 18, 1991 Garfield County Planning Commission 109 8th Street Glenwood Springs, CO 81601 Dear Commission Members, The Westbank Homeowners Association would like to inform the Planning Commission members of the status of our negotiation with Mr. Huebinger and Westbank #1 LTD. The Homeowners Association has completed an engineering study performed by Resource Engineering on the water supplies, descriptions, and uses. We sent a copy of the study to the Planning Commission, to Mr. Huebinger, and to Mr. Huebinger's attorney. Since completion of the study, I have met three times with Mr. Huebinger. The first meeting was a preliminary meeting. The second meeting I dropped off the engineering report and asked for a third meeting to attempt an agreement. The third meeting, October 18, 1991, Dale Titus, John Huebinger and I met to discuss progress on the water issue. Several options were discussed and Mr. Huebinger was going to get legal advice on the viability. Another meeting is being planned for late November, however to date, we have no agreement. spectf ly, 4,14, t-'fCarlson, President Westbank Homeowners Association cc: John Huebinger COLORADO 4210 East 11th Avenue Denver, Colorado 80220-3716 Phone (303) 320-8333 Telefax Numbers: Main Building/Denver (303) 322-9076 Ptarmigan Place/Denver (303) 320-1529 First National Bank Building/Denver (303) 355-6559 Grand Junction Office (303) 248-7198 Pueblo Office DEPARTMENT (719) 543-8441 OF&HEALTH • November 27, 1991 PWSID# 123838 Westbank Ranch 0235 Oak Lane Glenwood Springs, CO 80601. ROY ROMER Governor JOEL KOHN Interim Executive Director CERTIFIED: 330 077 707 1 WN DEC 1 1 1991 RE: Bacteriological Sampling, Community Water Supply, Garfield County 1st Failure to Monitor Dear Water Purveyor: ,BOUNTY The purpose of this letter is to inform you that a failure to monitor for microbiological contaminants is a violation of the Colorado Primary Drinking Water Regulations. The Colorado Primary Drinking Water Regulations (Article 3.1.1) requires that each community water system have a minimum number of samples analyzed for bacteriological quality each month according to population. Our records indicate that the proper number of valid samples were not received during the month of SEPTEMBER 1991; therefore, your system does not meet its monitoring requirements. If you did sample, the results did not reach this office. Please send a PHOTOCOPY of your results for the month listed above and you will be sent a Letter of Compliance in return. NOTE: TNTC -Too Numerous to Count, CONFLUENT GROWTH, and OUTDATED SAMPLES are NOT VALID samples and are never counted. "SAFE" REPLACEMENTS ARE ALWAYS REQUIRED. When you provide drinking water to the public, the public trusts you to provide safe water. By sampling your drinking water, you can help ensure that it is free from disease -causing organisms. This protection is only possible if a continuous, conscientious monitoring program is followed. As an owner, operator, or manager you have the responsibility for, and will benefit from, ensuring safe drinking water. Contamination can happen at any time, and you may not be aware of it until it is too late. A continuous, conscientious monitoring program means submitting appropriate samples, reacting properly to sample results and, most importantly, daily inspection of the water system to assure sufficient disinfection in order to kill pathogenic organisms. printed on recycled paper • r Page 2 As provided in Article 12.1.2(1) of the Colorado Primary Drinking Water Regulations, you are hereby required to issue a Public Notice in order to notify those persons supplied by your water system of your failure to monitor. This notice shall be published in a daily newspaper, AND in writing in the next set of water bills, or if you do not issue water bills another form of direct mall must be used. This notice must be made within 90 days of receipt of this letter and NO LATER THAN FEBRUARY 27, 1992 or we may make public notice in a newspaper of general circulation in your area. As required by Article 9.1.1(5), copies of all public notices issued must be furnished to the Department within 10 days of completion. If the required 'safe' bacteriological analysis has been performed, you are allowed a period of 10 days from receipt of this letter to submit a photocopy of the analysis result. Unless we receive the PHOTOCOPY, we must assume proper samples have not been submitted and you must make public notification as stated above. If you do not understand your responsibility as a water purveyor under the regulations, or if you have submitted the required samples, please contact this office at (303) 331-4549. Sincerely, p pit' -77 Debra Kaye Getz ' Engineering/Physical Sciences Technician Drinking Water Program WATER QUALITY CONTROL DIVISION xc: Lon Hesla, USEPA Region VIII Local Health Department Drinking Water File, Section 5 The following is an example of the language to be used in a public notice: DATE OF PUBLIC NOTICE NOTICE THIS WATER DOES NOT MEET STATE HEALTH DEPARTMENT DRINKING WATER REGULATIONS DUE TO FAILURE TO SUBMIT THE REQUIRED NUMBER OF "SAFE" SAMPLES FOR BACTERIOLOGICAL QUALITY DURING THE MONTH OF , 19 . THIS NOTICE HAS BEEN DISTRIBUTED TO COMPLY WITH THE PRIMARY DRINKING WATER REGULATIONS OF THE COLORADO STATE HEALTH DEPARTMENT. 1090m/1091m/1092m/0105m Revised 9/91 • • wearnartm? iltalsom ch'i APO. June 15, 1987 Board of Garfield 201 8th Glenwood 0235 Oak Lane Glenwood Springs, Colorado 81601 Phone 945-6190 945-6619 County Commissioners County Street Springs, CO 81601 RE: Westbank Ranch Gentlemen: RECEIVED ,JUN 16 1987 GA RFI EL D COUNTY COMMISSIONERS P.U.D. Filing No. 4 Reference is made to the Subdivision Improvements Agreement of September 7, 1982 between Westbank Ranch No. 1, Ltd, the developer and your Board regarding the above development. Because of the general depressed condition of the local economy, making the marketability of lots in this development unlikely, the developer request, (1) a one-year extension, from November 1, 1988 to November 1, 1989 to perform its obligations (installation of improvements) under section 1 of the agreement and (2) a one-year extension, from July 1, 1987 to July 1, 1988 to post the security for such improvements. The developer also requests all other applicable deadline dates, in both the agreement and the Consent to Vacation of Plat, be similarly extended for the one-year period. The developer requests a favorable decision from the Board at its June 29, 1987 regular meeting at 10:00 a.m. Thank you very much. Sincerely, John Huebinger P esident JH/jae ciT3-11 12-'25777:In":95n. lVit�o 1"; JUN 16 1987 Ili! CutFLELD COUNTY r- • wigarB,,41mx!Non NJ4gg 4 0235 Oak Lane Glenwood Springs, Colorado 81601 Phone 945-6190 945-6619 June 6, 1986 Board of County Commissioners Garfield County 201 8th Street Glenwood Springs, CO 81601 RE: Westbank Ranch P.U.D. Filing No. 4 Gentlemen: Reference is made to the Subdivision Improvements Agreement of September 7, 1982 between Westbank Ranch No. 1, Ltd, the developer and your Board regarding the above development. Because of the general depressed condition of the local economy, making the marketability of lots in this development unlikely, the developer request, (1) a one-year extension, from November 1, 1987 to November 1, 1988 to perform its obligations (installation of improvements) under section 1 of the agreement and (2) a one-year extension, from July 1, 1986 to July 1, 1987 to post the security for such improvements. The developer also requests all other applicable deadline dates, in both_the agreement and the Consent to Vacation of Plat, be similarly extended for the one-year period. The developer requests a favorable decision from the Board at its June 30, 1986 regular meeting at 2:45 p.m. Thank you very much. Sincerely, hn Huebinger resident JH/jae //4 IIlir 410 1 PAN iLa '," rCcx Ma .s tiIrrio aro. 1111 +r `i� 4w �n �e' rt ` e :. , .'�� �«s 4 ' • te a' * 0235 Oak Lane Glenwood Springs. Colorado 81601 Phone 945-6190 945-6619 July 8, 1985 Board of County Commissioners Garfield County 201 8th Street Glenwood Springs, CO 81601 Gentlemen: RE: Westbank Ranch P.U.D. Filing No. 4 • Reference is made to the Subdivision Improvements Agreement of September 7, 1982 between Westbank Ranch No. 1, Ltd., the developer, and your Board, regarding the above develop- ment. Because of the general depressed condition of the local economy, making the marketability of lots in this development unlikely, the developer request, (1) a one-year extension, from November 1, 1986 to November 1, 1987 to perform its obligations (installation of improvements) under section 1 of the agreement, and (2) a one-year extension, from July 1, 1985 to July 1, 1986 to post the security for such improvements. The developer also requests all other applicable deadline dates, in both the agreement and the Consent to Vacation of Plat, be similarly extended for the one-year period. The developer requests a favorable decision from the Board at its July 8, 1985 regular meeting. Thank you very much. Sincerely, 5J hn Huebinger resident JH/jae wgzettrawAstm samovar aye. zarn. 0235 Oak Lane Glenwood Springs, Colorado 81601 Phone 945-6190 945-6619 July 9, 1984 Board of County Commissioners Garfield County 201 8th Street Glenwood Springs, CO 81601 RE: Westbank Ranch P.U.D. Filing No. 4 Gentlemen: Reference is made to the Subdivision Improvements Agreement of September 7, 1982 between Westbank Ranch No. 1, Ltd., the developer, and your Board, regarding the above develop- ment. Because of the general depressed condition of the local economy, making the marketability of lots in this development unlikely, the developer requests, (1) a one-year extension, from November 1, 1985 to November 1, 1986 to perform its obligations (installation of improvements) under section 1 of the agreement, and (2) a one-year extension, from July 1, 1984 to July 1, 1985 to post the security for such improvements. The developer also requests all other applicable deadline dates, in both the agreement and the Consent to Vacation of Plat, be similarly extended for the one-year period. The developer requests a favorable decision from the Board at its July 9, 1984 regular meeting. Thank you very much. Sincerely, hn Huebinger �esident JH/jae JAMES M. LARSON M. Bar.If • • LARSON & BEATTIE ATTORNEYS AND COUNSELORS AT LAW 201 CENTENNIAL STREET SUITE 203 GLENWOOD SPRINGS, CO. 81601 #t L 33 ! 1 Board of County Commissioners Garfield County 201 8th Street Glenwood Springs, CO = 60 Gentlemen: e 23, 1983 ))/ TELEPHONE (303) 945-8659 Re: Westbank Ran . P.U.D. Filing No. 4 Reference is made to the Subdivision Improvements Agreement of September 7, 1982 between Westbank Ranch No. 1, Ltd., the developer, and your Board, regarding the above development. Because of the general depressed condition of the local economy, making the marketability of lots in this develoinent unlikely, the developer requests, through its undersigned legal counsel, (1) a one-year extension, frau November 1, 1984 to November 1, 1985 to perform its obligations (installation of improvements) under section 1. of the agreement, and (2) a one-year extension, from July 1, 1983 to July 1, 1984 to post the security for such improvements. The developer also requests all other applicable deadline dates, in both the agreement and the Consent to Vacation of Plat, be similarly extended for the one-year period. Photocopies of the recorded agreement, and of the consent, are attached hereto. The developer requests a favorable decision from the Board at its June 27, 1983 regular meeting. Thank you very much. Yours very truly, nCt14114") • '&0 -A - James M. Tarson JML/cr pc: Garfield County Attorney County Development Department • • WESTBANK RANCH PLANNED UNIT DEVELOPMENT, FILING NO. 4 PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS Westbank Ranch No. 1, Ltd., a Colorado limited partnership, by and through its duly authorized general partner, Westbank Devel- opment Co., Incorporated, a Colorado corporation, as the fee owner of Westbank Ranch Planned Unit Development, Filing No. 4, desiring to assure the development and continuity of Westbank Ranch Planned Unit Development, Filing No. 4, as a residential subdivision, for itself, its successors, legal representatives, assigns and grantees, hereby declares to and for the benefit of all persons who may hereafter purchase or otherwise acquire and from time to time own lots in Westbank Ranch Planned Unit Develop- ment, Filing No. 4, that said ownership and holding of said lots shall be subject to the following protective covenants, conditions, and restrictions, all of which shall be deemed to be appurtenant to and run with the title to the land and inure to the benefit of and be binding upon the owners of said lots, their heirs, successors, devisees, legal representatives and assigns. ARTICLE I Purpose of Covenants It is the intention of the fee owner of Westbank Ranch Planned Unit Development, Filing No. 4, expressed by the execution of this instrument, that the lands within Westbank Ranch Planned Unit Development, Filing No. 4, be developed and maintained as a highly desirable rural residential area. It is the purpose of these Covenants that the present natural beauty, natural growth, and native setting and surrounding of Westbank Ranch Planned Unit Development, Filing No. 4, always be protected insofar as is possible in connection with the uses and structures permitted by this instrument; and in furtherance of said objectives, it is also the purpose of these Covenants to define and limit the use and occupancy of said property in accordance herewith. ARTICLE II Definitions 1. Committee. The term "Committee" as used herein means the Architectural Control Committee established in Article IV hereof. 2. Covenants. The term "Covenants" as used herein means this document, comprising a total of pages, entitled "WESTBANK RANCH PLANNED UNIT DEVELOPMENT, FILING NO. 4, PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS." 3. Declarant. The term "Declarant" as used herein means Westbank Ranch No. 1, Ltd., a Colorado limited partnership. 4. Lot. The term "Lot" as used herein means any of the 60 individual lots as depicted on the final plat of Westbank No. 4 filed with the Garfield County Recorder, which plat is hereinafter more particularly identified. Some of the Lots are approved for one single-family dwelling unit only; and some of the Lots are approved for multi -family dwelling units. 5. Residence. The term "Residence" as used herein means single-family dwellings and any dwelling unit within a permitted multi -family building. • • 6. Residential Purpose. The term "Residential Purpose" as used herein means the use of a residence as a home and principal dwelling place by the occupant thereof. 7. Westbank No. 4. The term "Westbank No. 4" as used herein means all the lands included in Westbank Ranch Planned Unit Development, Filing No. 4, as described on the plat filed for record with the Garfield County Recorder on 1982, as Reception No. ARTICLE III Membership in Westbank Ranch Homeowners Association 1. The Westbank Ranch Homeowners Association, now known as the Westbank Ranch Golf and Country Club, is that certain currently existing nonprofit Colorado corporation whose Articles of Incorporation were duly filed with, and for which a Certificate of Incorporation was duly issued by, the Secretary of State of the State of Colorado on April 2, 1976. References in these Covenants to the Westbank Ranch Homeowners Association shall mean said corporation, as incorporated and as the Articles for which have been or may hereafter be duly amended from time to time. 2. All persons or associations (other than the Westbank Ranch Homeowners Association) who own or acquire the title in fee to any lot in Westbank No. 4, by whatever means acquired, shall automatically become members of the Westbank Ranch Homeowners Association, and thereby become subject to all by-laws, rules, and regulations pertaining to such membership. ARTICLE IV Architectural Control Committee 1. Establishment of Committee. There is hereby created an Architectural Control Committee for the purposes stated hereinbelow. The Architectural Control Committee shall consist of John Huebinger and Dolores J. Huebinger, or three or more members appointed by them, which members shall be owners of lots in Westbank Ranch Planned Development Subdivision - Filing No. 1, the plat of which is filed of record with the Garfield County Recorder as Reception No. 248729; Westbank Ranch Subdivision - Filing No. 2, the plat of which is filed of record with the Garfield County Recorder as Reception No. 253366; Westbank Ranch Subdivision - Filing No. 3, the plat of which is filed of record with the Garfield County Recorder as Reception No. 261679; or Westbank No. 4. Said Archi- tectural Control Committee shall have and exercise all of the powers, duties, and responsibilities set out in this instrument. 2. Approval by Architectural Control Committee. Before anyone shall commence the construction, reconstruction, remodeling, addition to, or alteration of any building, swimming pool, wall, fence, coping, or other structure or improvement whatsoever (hereinafter collectively called "structures or improvements"), on any Lot, there shall be submitted to the Architectural Control Committee two complete sets of the plans and specifications for said work prepared by an architect or qualified designer in the business of designing homes. No structures or improvements of any kind shall be built, erected, altered, placed or maintained upon any Lot unless and until two (2) complete sets of final plans, elevations, and specifications therefor have received written approval as herein provided. Such plans shall include plot plans showing the size and location on the Lot of the structures or improvements proposed, the elevations of same, the proposed color schemes and materials, and all other information the Committee determines to be necessary in order to determine if the proposed structure or improvement will be made in conformance with these Covenants. The Committee shall have the right to refuse to approve any plans or specifications which are not in conformance with these Covenants or otherwise not consistent with the purposes and provisions hereof, in the Committee's judgment, for aesthetic or other reasons; and in so passing upon such plans and specifications, it shall have the right to take into consideration the suitability of the proposed structures or improvements, and of the materials of which they are to be built, the site upon which they are proposed to be erected, the harmony thereof with the surroundings, and the • • effect of the proposed structures or improvements on the view from adjacent or neighboring property. 3. Method of Approval. The Committee shall approve or disapprove in writing, said plans and specifications within thirty days from the receipt thereof. One set of said plans and specifications with the approval or disapproval shall be retained by the Committee, and the other set with the approval or disapproval shall be returned to the person submitting them. In the event no action is taken to approve or disapprove such plans and specifi- cations within said thirty day period, the provision requiring written approval of said plans and specifications by the Committee shall be deemed to have been waived, and said plans and specifi- cations shall be deemed to have been approved by the Committee. 4. Architectural Control Committee Not Liable. Neither the Architectural Control Committee nor any individual member thereof shall be responsible or liable to any person submitting plans and specifications, to any owner of any Lot, or to any other person or entity in any manner whatsoever for any actions or inactions hereunder or for any defect in any plans or specifications submitted to or as revised by said Committee, or for any work done pursuant to said plans and specifications. Each Lot owner and each person submitting plans and specifications hereby forever waives, and hereby forever releases and discharges the Committee and its individual members from, any and all claims, demands, damages, costs, and suits as a result of or based upon or related to any and all such actions, inactions, defects, or work. 5. Governmental Approval. The powers, duties, and responsi- bilities of the Committee are in addition to and not in substitution for the powers, duties, and responsibilities of any governmental unit or agency having jurisdiction over the approval of construction plans and specifications, and the construction, reconstruction, remodeling, addition to, or alteration of any structures or improvements. Persons submitting plans and specifications to the Committee shall also comply with all valid laws, ordinances, resolutions, and regulations of any such governmental unit or agency regarding the approval of such construction plans and specifications and their implementation. ARTICLE V General Restrictions on Use 1. Residential Purposes. The Lots in Westbank No. 4 shall be used solely for Residential Purposes. The units constructed upon the Lots shall be used and occupied only by the owner thereof, the owner's family, and his guests or tenants. No more than one family shall reside in any residence located on a Lot approved for single family dwellings only. No more than one family shall reside in each of the residential units located on a Lot approved for more than one single family dwelling unit. 2. Construction Standards. A. The minimum size of each single-family dwelling shall be at least 1,200 square -feet measured on the outside foundation walls, exclusive of decks, open porches, or garages. The minimum size of each unit of a multi -family dwelling permitted by these Covenants shall be at least 900 square feet measured on the inside of the ground level floor, exclusive of decks, open porches, or garages. B. No structure shall be permitted on any Lot which exceeds twenty-six (26) feet in height from the highest natural finished grade line immediately adjoining the foundation or structure. C. No structure shall be erected by means of other than new construction, it being the purpose of this covenant to insure that old buildings will not be moved from previous locations and placed upon a Lot. -3- • • D. All structures, except roofs, shall be constructed of either brick, concrete, stone, lumber, or a combination thereof. The use of cinderblock shall not be allowed unless it is faced with another material herein approved. Roofs shall be constructed of wood shingles, painted metal, or sod. 3. Compliance with Zoning Regulations and Laws. No lands within Westbank No. 4 shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the zoning resolution of Garfield County, Colorado for said development, or any other laws, rules, or regulations duly enacted or adopted and applicable in the premises. 4. Mining, Drilling or Quarrying. Mining, drilling, quarrying, tunneling, excavating, and related activities for any substance within the earth, including but not limited to water, oil, gas, minerals, gravel, coal, sand, rock, and earth, shall be permitted only within those portions of Westbank No. 4 not designated on the final plat as LOTS. 5. Business, Commercial, or Trade Uses: No business, commercial, or trade activities shall be conducted on any Lot, except to the extent permitted in the last sentence of this para- graph 5. This restriction shall not be construed in such a manner as to prohibit a Lot owner or occupant from: (a) maintaining his personal or professional library thereon; (b) keeping his personal, business, or professional records or accounts thereon; or (c) handling his personal, business, or professional telephone calls or correspondence therefrom. Such uses are expressly declared to be customarily incidental to the principal residential use and purpose of Lots and shall not be construed to be in violation of these Covenants. Furthermore, this paragraph 5 shall not be construed to prohibit the use of any portion of the lands in Westbank No. 4 by Declarant for the sale of Lots, which use is expressly declared to be an exception to the restrictions of this paragraph 5. 6. Animals and Agriculture. Residents may keep dogs, cats, or other animals which are bona fide household pets on lands within Westbank No. 4 so long as such pets are not kept for commercial purposes, do not make objectionable noises, do not run at large or beyond the control of their owner, and do not otherwise constitute a nuisance or inconvenience to any of the residents of Westbank No. 4. No cattle, horses, sheep, goats, swine, poultry, or other livestock shall be kept or maintained on any Lot. No lands shall be used for agricultural purposes except for normal residential gardening of flowers, fruits, and vegetables. 7. Landscaping. Lots may have no more than 75% of yard area put into lawn, turf, garden, sodded area, or other growth requiring irrigation, provided that in no event shall single family Lots have more than 5,000 square feet of area requiring irrigation, and further provided that in no event shall lots permitting more than one dwelling unit have more than 5,000 square feet, of area requiring irrigation times the number of units allowed on such Lots. Grounds over 25% slope are not to be included in the 75% computation. 8. Signs. No advertising signs or signs of any character shall be erected, placed, permitted, or maintained on any Lot or structure within Westbank No. 4 other than one "For Sale" or one "For Rent" sign having no more than six (6) square -feet approved by the Architectural Control Committee, and a name plate and street number of the occupant having no more than four (4) square feet. 9. Resubdivision. No Lot shall ever be resubdivided into smaller lots or tracts, nor conveyed or encumbered in any less than the full original dimensions as shown on the recorded plat of Westbank No. 4 EXCEPT THAT Lots allowing more than one dwelling unit may be resubdivided in accordance with then existing sub- division laws and regulations in such a manner as to have a separate ownership estate for each dwelling unit, with the remaining portion of the Lot, as the then Lot owner determines, -4- • • to be either held in common for the benefit of all dwelling units upon said Lot or divided in some manner among those who are to hold separate ownership estates in the dwelling units upon said Lot. 10. Combining Lots. If two or more contiguous Lots are owned by the same owner, they may be combined into one Lot by means of a written document executed by the owner thereof and duly acknowledged, approved in writing by the Architectural Control Committee and by any governmental unit or agency having jurisdiction thereof, and recorded in the real property records of Garfield County, Colorado. As part of its approval, the Committee may vacate or extinguish any easement reserved in ARTICLE VI hereof or on the plat of Westbank Ranch Planned Unit Development, Filing No. 4, filed aforesaid as Reception No. , which is no longer necessary as a result of the elimination of lot lines upon the combining of Lots 11. Service Yards, Trash, Tanks, and Wood Piles. Each residence must maintain an enclosed service yard of sufficient size to conceal garbage cans, clothes lines, and storage piles (except wood piles) from Lots, roads, and all common areas within or adjacent to Westbank No. 4. No above ground oil, gas, water, or other tanks shall be permitted on any Lot. Wood piles are permitted provided: (a) they are always maintained in a neat, orderly condition; and (b) their location and dimensions have received the prior written approval of the Committee. 12. Vehicles. A. All motor vehicles must be currently licensed and bear, when legally required, a valid safety inspection sticker. B. No snowmobiles or two -wheeled or three -wheeled motorized vehicles shall be operated in Westbank No. 4, except that motorcyles may be utilized for transportation in and out of Westbank No. 4. C. No vehicles, boats, campers, trailers, snowmobiles, or other such recreational vehicles or devices shall be stored or permitted to remain for more than three (3) continuous days on any Lot unless the same are stored from view or in a garage. D. No.business vehicles shall be permitted which do not completely enclose within the vehicle all machinery, equipment, and other evidence of the trade, craft, or business other than advertising signs affixed to the vehicle not exceeding a total for all such signs of four (4) square -feet per vehicle. 13. Underground Utility Lines. All utility pipes and lines within the limits of Westbank No. 4 must be buried underground and may not be carried on overhead poles nor above the surface of the ground. All such service must be buried underground from the point where said utilities take off from transformers and terminal points supplied by the developer. Transmission lines now in place may remain overhead. 14. Construction of Dwelling House. A. All construction and alteration work shall be prosecuted diligently. Each structure or improvement shall be commenced and completed within twelve months from the date of approval by the Committee of the plans and specifications therefor, as provided by ARTICLE IV, paragraph 2 hereof, unless, upon written application for an extension filed by the Lot owner with the Committee, such completion is extended in writing by the Committee prior to the expiration of said twelve-month period. Any such written application for extension must be filed with the • • Committee at least twenty (20) days prior to the expiration of said twelve-month period; otherwise the Committee shall have no obligation to act upon such written application. B. Such completion shall be evidenced by a certificate of occupancy issued by the appropriate government agency and by a certificate of completion issued by the Committee. No persons may live in or use as a dwelling place a partially constructed building or occupy same without a certificate of occupany. In the event of a breach of this covenant, the declarant and/or Westbank Ranch Homeowners Association shall have the right to complete construction of any incompleted building, structure, and improvement under the provisions of Article VII, paragraph 2 hereof. 15. Temporary Structures. No temporary house, trailer, tent, garage, or outbuilding shall be placed or erected upon any part of any Lot in Westbank No. 4; provided, however, that during the actual construction of any structures or improvements upon any Lot, necessary temporary buildings for the storage of materials and other construction purposes may be erected and maintained by the person doing the construction. 16. Towers and Antennas. No towers or radio antennas, equipment, or apparatus shall be erected permitted to remain on any Lot within Westbank No. normal radio and television antennas attached to a may project up to six feet above the highest point the structure. and television , placed, or 4 except that dwelling house of the roof of 17. Exterior Lighting. Prior to installation of exterior lighting, all exterior lighting and light standards on Lots shall be approved in writing by the Architectural Control Committee for harmonious development and the prevention of lighting nuisance to other residents of Westbank No. 4. 18. Set Back Restrictions. All structures or improvements, other than fences, terraces, entrances, and steps, shall be set back at least 25 feet from the street lot line, 10 feet from the side lot lines, and 30 feet from the rear lot line. Placement or erection of any and all structures or improvements on Lots within Westbank No. 4 must be approved by the Architectural Control Committee prior to the commencement of construction. 19. Walls and Fences. Walls, fences, and coping shall be limited to six feet in height measured from the adjoining ground surface inside the wall or fence. Boundary planting along any lot lines, except trees with single trunks, shall not be permitted to grow higher than eight feet. No chain link fences shall ever be permitted in Westbank unless prior written approval is given by the Architectural Control Committee. 20. Cleanliness and Unsightly Growth. Each Lot shall at all times be kept in a clean, sightly, and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber, or building materials shall be permitted to remain exposed on any Lot so as to be visible to any neighboring Lot, road, or the Westbank Ranch Golf Course, except as is necessary during the period of initial construction. Each Lot shall at all times be kept clear of weeds and other unsightly growth. 21. Nuisance. Nothing shall be done on any of the Lots which is a nuisance or might become a nuisance. • • ARTICLE VI Easements Reserved 1. Easements and rights of way in perpetuity are hereby reserved for the installation, erection, construction, repair, maintenance, replacement, improvement, and operation of wires, cables, pipe, irrigation ditches, conduits, and apparatus for the transmission of electrical current, telephone, television and radio lines, and for the furnishing of other utility services, together with the right of entry for the purpose of installing, constructing, erecting, repairing, maintaining, replacing, operating, and improving said utilities, over, on, across, under, and through those portions of Westbank No. 4 as depicted on the final plat. 2. There is hereby created solely for the benefit of and use by Declarant, or the Westbank Ranch Homeowners Association, or person or persons designated in writing by Declarant or such Association, a perpetual non-exclusive blanket easement upon, across, over, and under Westbank No. 4 for installation, con- struction, erection, repair, maintenance, replacement, and operation of any or all of the foregoing utilities, portions thereof, or service lines therefrom, PROVIDED THAT the easement as provided in this paragraph 2 shall automatically be extinguished as to each Lot upon the issuance by the Committee of the required certificate of completion for improvements upon such Lot except to the extent the Committee may provide otherwise in writing at the time of issuance of such certificate. 3. The easements herein reserved may be vacated or extin- guished by the Committee upon the combining of Lots, as permitted under ARTICLE V, paragraph 10. ARTICLE VII Enforcement 1. Judicial Relief. Any violation of the provisions, con- ditions, or restrictions contained herein shall entitle the Declarant or any other Lot owner or the Architectural Control Committee or the Westbank Ranch Homeowners Association to apply to any court having jurisdiction thereof for an injunction or other proper judicial relief in order to enforce same, or to recover damages; and in addition to all other relief, the prevailing party shall be entitled to recover his court costs and reasonable attorney fees. 2. Declarant's Right To Remedy Violations. If the owner of any Lot in Westbank No. 4 shall default in the performance of any covenant or condition hereof or shall violate any of the covenants, restrictions, or rules herein contained, the Declarant or the Westbank Ranch Hgmeowners Association may, after 30 days notice to said owner, or without notice if in the opinion of the Declarant or Association an emergency exists, perform such covenant or condition or remedy such violation for the account and at the expense of the said owner. In exercising such right, neither the Association nor Declarant shall be liable, civilly or criminally, for trespass or entry onto or into property or for any other claim, cause of action, or alleged violation of law. All costs and expenses incurred by Declarant or Association, including reasonable attorney fees, in instituting, prosecuting (including an action against an owner for default or violation), or defending any action or proceeding instituted by reason of any default or violation, shall be included and added to any judgment made or given to or in behalf of the Declarant or party prosecuting same. 3. Lien and Foreclosure. Any violation or default as provided in paragraphs 1 and 2 under this ARTICLE VII shall entitle Declarant, Committee, or Westbank Ranch Homeowners Association, as the case may be, in addition to other rights and remedies set forth, to file of record a statement of lien with the Garfield County Recorder against the Lot the subject matter of such violation or default. Such statement of lien shall be for and on account of such violation or default; shall include an amount of money as damages, if any are appropriate in the circum- stances; and may include at the option of the claimant all sums expended and to be expended for costs, expenses, and attorneys' fees by the claimant as a result of or arising out of such violation or default. Upon such filing, such statement of lien shall create a lien upon such Lot and shall constitute notice thereof to the world. A copy of the statement of lien shall be personally delivered to the Lot owner or mailed, certified mail, to the Lot owner at his most current address as shown on the records of the party asserting the lien. Any time after the passage of thirty (30) days from the date of recording such statement of lien with the Garfield County Recorder, the lien may be foreclosed against such Lot the same as deeds of trust to public trustee may be foreclosed, or may be foreclosed judicially, under the laws of the State of Colorado. Such liens shall have priority as against all other claims upon the subject Lot except the lien of general ad valorem taxes and any valid and recorded judgment, mortgage, or deed of trust adjudged or stipulated to have priority. 4. No Waiver; Rights Cumulative. No delay, alleged delay, failure or alleged failure on the part of the Declarant or any other person in the exercising of any right, power, or remedy contained herein shall be construed as a waiver of the right to exercise same or an acquiescence in the violations. Various rights and remedies of all persons hereunder shall be cumulative; and the Declarant, Committee, Westbank Ranch Homeowners Association, or any other Lot owner may use any or all of said rights without in any way affecting the ability of any of such other parties to use or rely upon or enforce any other right, power, or remedy. ARTICLE VIII General Provisions 1. Covenants to Run. All the restrictions, conditions, and covenants contained herein shall constitute covenants running with the land as to all of the lands within Westbank No. 4. Said provisions shall continue to be binding upon the owners of said lands and upon all persons claiming by, through, or under said owners for a period of 21 years from the date this document is filed for record with the Clerk and Recorder of Garfield County, Colorado, and shall thereafter automatically be extended for successive periods of ten years each. 2. Amendment or Revocation. The owners of sixty-seven percent (67%) of the Lots in Westbank No. 4: (a) may release all of the Lots hereby restricted from any one, portion of one, or all of the restrictions; or (b) may amend or revoke these restric- tions in whole or in part. Such release, amendment, or revocation shall be evidenced by the execution and acknowledgment of an appropriate instrument in writing for said purpose and the filing of same for record with the Clerk and Recorder of Garfield County, Colorado, in the manner then required for the recording of land instruments. No such release, amendment or revocation shall be effective during the seven year period from the date these Covenants are first so filed for record unless the undersigned Declarant has joined in or consented in writing and of record to such release, amendment, or revocation, provided that Declarant's consent shall not be required if Declarant ceases to own any Lot before the expiration of said seven-year period. • • 3. Benefit of All: Binding Effect. The provisions contained herein are for the benefit of and shall be binding upon the Declarant, its grantees, and subsequent owners of each of said Lots. Each grantee of a Lot by acceptance of a deed to such Lot (which acceptance shall be conclusively presumed by the recording of such deed) shall be subject to each and all of the restrictions, conditions, covenants, and agreements contained herein and to the jurisdiction, right, and power of the Declarant, the Committee, and the Westbank Ranch Homeowners Association. By such acceptance, each grantee for himself, his heirs, devisees, legal representatives, successors, and assigns and all persons holding or claiming by, through, or under said grantee, shall be deemed to have covenanted and agreed and consented to and with the Declarant and all grantees and subsequent owners of each of said Lots and with the Architectural Control Committee and the Westbank Ranch Homeowners Association, to keep, observe, comply with, and perform said restrictions, covenants, conditions, and agreements. 4. Variances. Declarant hereby reserves the right to grant a variance or adjustment of these covenants, conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising or which may arise by reason of the interpretation or application of these Covenants. Such variances or adjustments shall be granted only in cases where the general intent and purpose of these Covenants is not defeated; PROVIDED THAT Declarant's grant or denial of any requested variance or adjustment shall be deemed and conclusively presumed to have been made within and according to such general intent and purpose, and Declarant shall not be liable for any claim or demand, or in any suit or action, as a result of such grant or denial. Any variance to be effective must be in writing, signed by Declarant with Declarant's signature acknowledged, and must be recorded with the Garfield County Recorder. 5. Severability. In the event any one or more of the pro- visions, conditions, restrictions, or covenants contained herein shall be held by any court of competent jurisdiction to be null and void, all remaining restrictions and covenants herein set forth shall remain in full force and effect; and to that end, these Covenants are hereby declared to be severable. Executed this 30th day of ESr:!' AP— r7, Dolores Secreta -,STATE; OF, " COLORADO November , 1982. WESTBANK RANCH NO. 1, LTD. By: WESTBANK DEVELOPMENT CO., INCORPORATED, its general managing partner IF y ..: it Hue.Inger County of Garfield ss. By ohn Huebinger, Pre dent The foregoing instrument was acknowledged before me this 30th day of November , 1982, by JOHN HUEBINGER, President, and DOLORES J. HUEBINGER, Secretary, Westbank Development Co., Incorporated, general managing partner of Westbank Ranch No. 1, Ltd. Witness my hand and notarial seal. • MyCommission expires: April 11, 1983. Notary Pub13�cJ Address: 201 Centennial St., Suite 203 Glenwood Springs, CO 81601 -9- 41) 410 GARFIELD COUNTY ENVIRONMENTAL HEALTH DEPARTMENT GLENWOOD SPRINGS. COLORADO 81601 2014 BLAKE AVENUE PHONE 945-2339 TO: Dennis Stranger Garfield County Planning Department FROM: Terry Howard Garfield County Environmental Health Department DATE: June 15, 1982 SUBJECT: Site Application for Westbank Subdivision Sewage Treatment Plant This office has reviewed the site application and recommends approval of the site for the sewage treatment plant for Westbank Subdivision. • • GARFIELD COUNTY ABSTRACT COMPANY MEMORANDUM OF TITLE Hereby Certifies from a search of the books in this office as to the following described property to wit: SEE ATTACHED PARCEL A Situated in the County of GARfIELD SURFACE OWNERS: NOT INCLUDED IN THIS MEMO , State of Colorado. No.1261 TI MINERAL OWNERS: John C. Rigney, Jr. -35%; James H. Gambrel -10%; Eloise Bryant St. John -5% of the interest (undivided one-half) reserved by document recorded October 27, 1950 in Book 254 at Page 556 as Reception No. 173956. Harold L. Gambrel 25% of the interest (undivided one-fourth) reserved by document recorded September 29, 1959 in Book 320 at Page 400 as Reception No. 206895. Westbank Ranch No. 1 Ltd. all remaining mineral interests. UNRELEASED OIL AND GAS LEASES OF RECORD: NOT INCLUDED IN THIS MEMO ENCUMBRANCES OF RECORD: NOT INCLUDED IN THIS MEMO EXCEPT ANY AND ALL UNPAID TAXES AND ASSESSMENTS Although we believe the facts stated are true, this Certificate is not to be construed as an Abstract of Title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Garfield County Abstract Company, neither assumes, nor will be charged with any financial obligations of liability whatever on account of any statement contained herein. Dated at Glenwood Springs, Colorado, this 20th A. D., 1982 at 8:00 o'clock A.M. MADE FOR: James Larsen day of April DELIVERED APR 23 1982 GARFIELD COUNTY ABSTRACT COMPANY BY C PARCEL A: Lots 14 and 25 in Section 1, Township 7 South, Range 89 West, 6th P.M., and that part of Lots 5, 13, 15 and 24 in said Section 1, lying South and West of the following described line: Beginning at a point on the North line of said Lot 5 whence the Northwest corner of said Section 1 bears South 86°33' West 93.88 feet; thence South 22°03' East 60.4 feet; thence South 16°31' East 126.7 feet;' thence South 11°33' East 542.7 fegt; thence South 19°41' East 969.7 feet; thence South 34°08' East 283.0 feet; thence South 52°22' East 705.0 feet; thence South 32°58' East 582.6 feet; thence South 44°29' East 406.0 feet to the East line of said Lot 24. Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 19 and 20; all in Section 2, Township 7 South, Range 89 West,.6th P.M, That part of Lot 3 of Section 36 and that part of Lots 11 and 26 of Section 35, all in Township 6 South, Range 89 West, 6th P.M. lying Southwesterly of the following described line: Beginning at a point on the South line of said Lot_3 whence the Southwest corner of said Section 36 bears South 86°33' West 93.88 feet; thence North 22°03' West 312.7 feet; thence North 46°47' West 545.5 feet; thence North 42°04' East 160.0 feet to the center of the Roaring Fork River; thence North 51°48' West 124.1 feet along the center of the Roaring Fork River; thence North 45°57' West 239.8 feet along the center of the Roaring Fork River; thence North 64°33' West 507.8 feet along the center of the Roaring Fork River; thence North 84°52' West 169.6 feet along the center of the Roaring Fork River to the West line of said Lot 26. Lots 12, 13, 14, 15 and 27 in Section 35, Township 6 South, Range 89 West, 6th P.M., and that part of Lots 7, 8 and 28 in Section 35, lying South of the Roaring Fork River. Also, lots numbered 8, 18, 21 and 22, all in Section 2, Township 7 South, Range 89 West of the 6th P.M. Excepting from the above described property: 1. The property conveyed to George J. Hundley and Ora Lee Hundley by Harold L. Gambrel and Helen Rigney Gambrel in Book 305 at page 204 as Reception No. 199562. 2. The Westbank Ranch Planned Development Subdivision Filing No. 1 filed as Reception No. 248729. 3. The Westbank Ranch Subdivision Filing No. 2 filed as Reception No. 253366. 4. The Westbank Ranch Subdivision Filing No. 3 filed as Reception No. 261679. DELIVERED APR 23 1982 No. 63 Sohn C. Rigney, Jr. (also known as John C. Rigney, junior) and Phil T. Doc. #173956 Rigney, (also known as Thomas Philip Rigney To Harold L. Gambrel and Helen Rigney Gambrel WARRANTY DEED -JOINT TENANT Dated October 26. 1950 Acknowledged October 26, 1950 before Willis E. Parkison, Notary Public, Garfield County, Colorado. Consideration $10.00. I. R. S. $29.70. Conveys unto the said parties of the second part, not in tenancy in common,. but in joint tenancy, the survivor of them, their assigns and the heir and assigns of such survivor forever, all the following described property: Inter alia,iffiati:IA of Lot 5, Section 1, Tp. 7 S.. R. 89 W. , 6th P. M. , lying South and West of the Following described line: Beginning at a po on the North line of said Lot 5 whence the NW corner of said Section 1 bears S 86.33' W.,93.88 feet, thence S. 22.03' East 60.4 feet, thence S. 16.31 East 126.7 feet, thence S. 11.33' East 542.7 feet, thence S. 19.41' East 969.7 feet thence S. 34'08' East 283.0 feet, thence S. 52'22' East 706.0 feet, thence S. 32.58' East 582.6 feet, thence S. 44.29' East 406.0 feet to the East line of said Lot 24. That part of Lot 3, Section 36, Tp. 6 S., R. 89 W., 6th P. M. and that part of Lots 11 and 26, Section 35, Tp. 6 S. ; R. 89 W., 6th _9. M. lying Southwesterly of the following described line: Beginning at a point on the Souti line of said Lot 3, whence the SW corner of said Section 36 bears S. 86.33' West 93.88 feet, thence N. 22.03' West 312.7 feet, thence N. 46'47' West 545. 5 feet. thence N. 42.04' East 160.0 feet to the center of the Roaring Fork River, thence N. 51.48' West 124.1 feet along the center of the Roarirg Fork River, thence N. 45'57' West 239.8_feet along the center of the Ro riug Fork River, thence N. 64.33' West 507. 8.feet along the center of the Roaring Fork River, thence N. 84'52' West 169.6 feet along the center of the Roaring Fork River to the West line of said Lot 26. Provided always, that there is excepted out of this conveyance, and that the parties of the first part herein hereby reserve unto themselves, their heirs and assigns forever, an undivided 1/ 2 interest in and to all oil and gas and minerals lying and being within or under the lands herein conveyed; and an undivided 1/2 interest in and to the royalties thereof, and an undivided 2 interest in and to all oil rights. gas rights and mineral rights of the lands hereby conveyed, and the further right to go upon said lands and explore, drill, mine, :produce and market said oil, gas and minerals upon paying the owner of the surface for all damages occasioned by such Operations. Except a lease to Ed Koenig, -.which expires March 1, 1951. Filed for record October 27, 1950 at 10:34 o'clock A. M., and recorded in Book 254 at page 556 thereof. cook 320 Page 400 895 Chas. S. Ke.:.- to 1 .410411 P t,-1 1 Reception No.... ..Recorder. iterordz.i at ..... M., THIS DEED, Made this tweet• - i i t th in the year of our Lord one thousand nine hundred and between day of septemb_. fifty -:lire HAROLD L. GA."3..1:L and .:ELEN ;ti.GNE't' GA."1B:`d:. of the County of and State of, olorado, of the first pi4t, and Al:ON/l.i.LLE:•i.S an. l._'titY/;:ILL . of the County of and State of Colorado, of the second part: WITNESSETH, That the said parties of the first part. for and in consideration of the sum of :'en Dollars and ..tne:- Void ind valuable considerations - - - - - I;arf ie.0 Garfield to the said part ie, of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha Nil! granted, bargained, sold and conveyed, and by these presents do 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, situate, lying and being in the County of Ga r f i e 1 d and State of Colorado, to -wit: ..ots 14 and :n Sec. 1, T. . 7 S., i.. 35 W. 6th P.M. , and chat part of Lots 5, 1j, i ! 15 and 24 in .,aid Sec. 1, lying South and test of the fol luwi described line: Beginning at a point ort the Nortn line of s.a:d Lo 5 w-ience t:,e Northwest corner of jsai : Sec. 1 bears South 36°,3' '.;est :3.)a Eeet, thence South 2Z003' Est 60.4 feet, 1 542.7 fent thence thence Sou ca 16 31' fast l�j,b..7 feet, tl(eu�a :south lt; 3� East ao•ith 1''°41' East 5.169.7 feet, thence South ;4'9?' East /n.0 feet, thence South 52°21' East 706.1; feet, thence South :,1j°5o' East 532.o tees, thence South 44029' East L0f-.t,1 ff.r•t to the East 'tine of 3aic Loc 24. Lots 1, 2, 1, 4, S, 9, 13, 1L, 12, 3, 1=i, 15, 1,J, 19 ani ,:0, .,11 in Sec. Tp. 7 SI, ' F. (i) W. 6th F.N. rhat par: of Lot 3 of S?c. ib arra that part of Lots it and 2r. of Sec. 35, ail ir: Tp.. 1 6 S. , d. .. W. tth P.M.; lying southwesterly of the fol towing described line: Beginning at a point on the South line of said Lot J..,elute the Southwest corner of said Sec. 36 bears So.ith d6°3 ' '.est 3.63 feet, thence North 22°03' West 31_.7 fee then. ,t !y",Jceii 47 best 544, 9 feet, La0hce No,Ci. ,lie0'+' hast t6u.c. feet to the center of the .oaring; Fork give: , thence North 5104S' West 124.1 feet along the center of the: roaring ror:c .:fiver, thence North =+5057' West 239.2{ feet along the center of the Roaring cork River, thence North 64°,j' Lest 507.8 feet along the center of the :.oaring Fork :Iver, thence North 34052' 'Nest l69.6 feet along the center of the :soaring Fork i.ivec to the West line of said Lot 2b. a Lots 12, i3, i.-+, 15 and 27 to Jec. 35, Tp. 6 s., K. 8f 4. 6th P.M., and that part of Lots 7, si and =r3 in said Sec. 35, lying South of the Roaring For,'. River. Together with any and all cit,:, and water lights belonging to, used upon or in con- ' . naction with said lands, including, but not exclusively, an undivided two-fifths interest in and to the 7,obertson Ditch No. 47 and its wateJ p, ior:ties Nos. 5z and ; ;I 1,112 adjudicated thereto by decree of the district Court of Garfield County, Coloradoit : , ;.for 'hater District No. 3S, and an undivided seven -ninths interest in and to the jj Second Enlargement of said s.obertsou .)itch and its water rights. Ff Also, Lots numbered eight, Eighteen, Twenty-one ana Twenty-two, all in Section Two, ,,,i Township Seven South, ,range Eighty-nine test of the Sixth Principal Meridian, con- . y '� -��taining ':7.1. acres, more or Less.. Exceptin: from the abos e, however, a .>cior 'conveyance of 4.13 acres, more or .ass. as .,es.rtbed in and :on'eve..-by that certain deed recozdeu us Luc. No. iq<iSbZ, in JJov ;45 at t a4e Luo, in the Garfield County t e.:u us. First ,.t.:Las here, un_-fou-th interest in and to all J.1, gas, .1.•dru-ca:b..ns an sinerals of every kind and nature in, on u: under t1,, .sills •:Javeyer1 n reu,tuei , together with the right to enter upon sd...l ian•.D sail exp.ore, 11-.11, mine and produce any of said above descciled ...°stances, upon payment to the owner of the surface for all danages occasioned in connection therewith. TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenancI. `,to. 761 WAR)! -;TY of ZD—To 1,1,1 T...z\v PnI.Fa.o Pte. ('.' . 1'n Ra Sin• n•• i,.c•i.� •• .1982..•• DELIVERED APR 3 • • :cok 320 Fe I. TO HAVE ANI) TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second}ieart, their heirs and assigns forever. And the said part 1eS of the first part, fc,r them eel ves andrr}�eirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the enseallcg and delivery of these presents, they at e weli seized of the premises above conveyed. as of good, sure, perfect, absolcte and indefeasible estate of inheritance in Law, in fee simple, and ha Ve good right, full power and lawful authority to grant, bargain, sell and ecnvey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liecs, taxes. asses.aments and incumbrances of whatever kind or nature, scever, ex,e a.: iaser`.atioas set tJrL.: in Lnitea states Patents, and exct t t : o Lee ephone and teiegiagjl due ay descri .ed in inst. u,ne:ic re_orced a; Doc. No. iJ540, n Book 'too at ?app: tD9, in the :ecoras in the c f: [ fess and :?.ec,)tcer of 1 ,::ie:i Cuuf.ty, ,c -..!:ado and ex.t.?L ex..rat:'lti etectt is nes; an,, except rest.:'ation ,f a;. .end,`. �ded one -halt lterest .n and t oil, gas .in.1 nii'er1 s, a; res,,r'v-c is and hV deed re oiled as i)c No. , 300.: Z. at Pae -f 5u, in Saki . eL:ocQ3 and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part itis of the first part shall and will WARRANT AND FOREVER DEFEND. LN W1TNE3S WHEREOF. the said partleS of the first part ha v'c hereunto set then hand s and seal 5 the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, County of ;.f'.t 1ELD [SEAL] / [SEAL1 [SEAL] The foregoing Inatrumer.t was acknowledged before me this • •4 a a day of September IO 57 ,:i' A.A. Dist: L. ;Alia.-:EL and itlr .EN ii;Nal :,A/113REL. )13, eoenasission expires y 19(,/ Witness my hand and official Seel. Notary PAWS+. of to auroral pais°. WI peraooa taro ta..rt aunt or same; if by Msoao actlaf a rgro+motatt r or official °opacity or so •ttors4-ta-f►et tura invert Mer of Hrseti as rtarvterr, attars.y-}0-f•ct or o4b.r rapacity or i...rtotl a; Y it alta.* of venitaratiaa, t`.. 0110«t ■.i.° o ncf anew or .ffLars. so t►a praaid.st or View afters of e.ei e.rrq.ratl.a mamba, It. Page 2, Planning Commission Meeting of April 12, 1982 Dale Albertson seconded 410 motion. 111 A poll was taken of the voting members: Albertson: yes; Mackley: yes; Lorah: yes; McPherson: yes; and Tripp: yes. Motion carried unanimously. STAFF DISCUSSION ON THE PLANNING COMMISSION BY-LAWS Dennis Stranger addressed the Planning Commission on amending the by-laws concerning Article II, the Monday evening meetings, being changed to Wednesday evenings. Earl Rhodes confirmed that all the Planning Commission needed to amend the by-laws is three affirmative votes on the motion. Arnold Mackley asked if the time can be left open for the start of the meetings. Dennis Stranger suggested a "Consent Agenda"; being able to take care of two, three, or four items at the beginning of the meetings with no presentations. Also, that no times be set on the agenda for items, which would give more flexibility. Barbara Lorah mentioned that this had been done before, and instead of speeding things up, it slowed them down. She was willing to try this, but felt that if things were getting bogged down, then the Planning Commission should go immediately back to set times for proposal presentations. Earl Rhodes suggested a consent agenda from 7:00 P.M. to 8:30 P.M., then set times for public hearings, etc. Discussion followed on the day that should be set for Planning Commission meetings. Mrs. Lorah felt that the secretary for the Planning Commission should be someone other than the Planning Director. Mrs. Lorah moved to amend the by-laws of the Planning Commission concerning the paragraph in Article II on changing the regular meetings from the second Monday to the second Wednesday of every month at the Garfield County Mountain View Building, 2014 Blake Avenue, Glenwood Springs, Colorado and; that the Planning Commission shall elect a secretary annually who shall assume the duties of the vice-chairman in his absence. He/she (or her/his designee) shall keep permanent Tecords of the minutes of the planning commission; he/she shall send out mailed notice of regular meetings of the planning commission one week in advance of the meetings; he shall give two days actual phone or personal notice of special meetings and carry out routine correspondence, and maintain the files of the commission. John Tripp seconded the motion. A poll was taken of the voting members: Tripp: yes; Mackley: yes; Lorah: yes; Albertson: yes; and McPherson: yes. The motion carried unanimously. Barbara Lorah moved to have the first Wednesday meeting in May. Dale McPherson seconded the motion. A poll was taken of the voting members: Albertson: yes; Mackley: yes; Lorah: yes; McPherson: yes; and Tripp: yes. The motion carried unanimously. WESTBANK RANCH FILING #4/FINAL PLAT DECISION Mr. Farrar reviewed the finalplat request for 60 lots totaling 100 dwelling units located within the Westbank Subdivision approximately 4 miles south of Glenwood Springs on County Road 109. He listed the five conditions from the preliminary plat resolution of the Board of County Commissioners, No. 81-333, which were to have been complied with by final plat. Mr. Farrar stated that they all had been complied,with. He said that the staff recommendation was for approval with the condition that $500.00 per lot be paid to Garfield County for impact to the Hardwick Bridge. Mr. Stranger noted that the $500.00 should be per dwelling unit, not lot. Discussion followed in which Dale Albertson had looked up the past minutes from the Planning Commission in which they stated "lot" rather than "dwelling unit" Mr. Rhodes stated that, legally, the resolution cannot be changed. John Huebinger, owner of the proposal, said that the county is still ahead $30,000 more than they would have had, had no money been donated for the bridge. He noted that other developments have been asked to pay $200.00 per lot, rather than the $500,00 being asked of the Westbank Ranch. He also said that Westbank Ranch had contributed much to the county due to their extensive recreation area. Dale Albertson moved to approve Westbank Ranch Filing #4, Final Plat to the County Com- missioners with the following three conditions: 1. That $500.00 per lot be paid to Garfield County for the impact to the Hardwick Bridge. 2. That a guardrail plan acceptable to the Garfield County Road Supervisor and the Board of County Commissioners shall be provided and included as part of required subdivision improvements. 3. That a vegetation plan acceptable to the Board of County Commissioners, but in- cluding large trees, shall be provided and included as part of the required subdivision im- provements. Barbara Lorah seconded the motion. A poll was taken of the voting members: Tripp: yes; Albertson: yes; Lorah: yes; McPherson: yes; Mackley: yes. The motion carried unanimously. Dale Albertson moved the have the chairman of the planning commission sign the final plat for Westbank Ranch Filing #4. Barbara Lorah seconded the motion. The mdtion carried unanimously.