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Home My WebLink About1.0 Application1 INVOLVED PARTIE Owner/Applicant Name: Randal and Nancy Kreager Phone: ( ) Mailing Address: 11670 W State Route 163 City: Oak Harbor State: OH Zip Code: 43449 E-mail: toothacres@hughes.net Representative (Authorization Required) Name: Phone: ( ) Mailing Address: 345 Colorado Ave, #207 City: Carbondale State: CO Zip Code: 81623 E-mail: leGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review • Development in 100 -Year Floodplain • Limited Impact Review • Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP • Rezoning ❑ LIR MIR ❑ SUP ❑ Zone District ❑ PUD ❑ PUD Amendment • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment' • Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance • Time Extension (also check type of original application) PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: - Physical/Street Address: Legal Description: Zone District: RURAL - Medium Density Ag Property Size (acres): Existing Use: Proposed Use (From Use Table 3-403): Description of Project: REQUEST FOR WAIVERS Submission Requirements El The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct an Fi accurate to the best of my knowledge. Signature of Property Owner Date OFFICIAL USE ONLY r File Number: _ _ _ _ - _ _ _ _ Fee Paid: $ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") agree as follows: 1. The Applicant has submitted to the County an application for the following Project: 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Phone: ( Billing Contact Address: City: Oak Harbor State: OH Zip Code: 43449 Billing Contact Email: Printed Name of Person Authorized to Sign: cAz_ (Signature) (Date) GENERAL DESCRIPTION The purpose of this application is to seek approval to allow an accessory dwelling unit (ADU) on Lot 3 of the West Rimledge Subdivision. The subject property is approximately 10.06 acres in size and is zoned Rural Density. The location of the property is depicted in the Vicinity Map. The ASU is proposed to be built within the building envelope. This area is an optimum location on the property as the topography is fairly level, the proposed OWTS will be at a lower elevation, there is established access from the county road, a power line is in place, a water supply is available, and most trees of six inches of caliper or greater can be preserved. The proposed ADU will be single story, approximately 1500 square feet within the building envelope. The proposed primary driveway will follow and extend from the existing easement. The protective covenants for the West Rimledge Subdivision state that accessory dwelling units are permitted on any lot within the subdivision subject to the provisions of the Garfield County zoning, subdivision and building regulations. PROJECT TEAM OWNER/APPLICANT Randall and Nancy Kreager 15815 West Portage River South Rd, Elmore, OH 43416 toothacres@hughes.net REPRESENTITIVES Kate Schwerin 826 Highway 133, Suite C Carbondale, CO 81623 303-250-3872 kateschwerin@gmail.com and David Rasmussen 826 Highway 133, Suite C Carbondale, CO 81623 802-236-2677 yurtstead@gmail.com CONTRACTOR & BUILDER David Mahosky & Shawn Ruse Clayton Homes #1037 671 23 Road Grand Jct., CO 81505 970-245-9039 david.Mahovsky@claytonhomes.com shawn.ruse@claytonhomes.com 1111111 INIi 111111 11111 I(ii; 11111111111111 Ii111 11111111 /1 571761 11/03/2000 10:24A 81215 P883 M ALSDORF 1 of 1 R 5.00 D 30,00 GARFIELD COUNTY CO Nasc,,✓� L3 `?3z 4.4L x063 Filed for record the day of Reception No. , at o'clock m. RECORDER By DEPUTY. WARRANTY DEED ¢ 4 TIiIS DEED, made on this day of November 02, 2000 o = between M1CIIAOL M. HAMMES AND LENORE L. HAMMES ..sr CC ce 2 2 4 of the County of GARFIELD and State of Colorado of the Grantor(s), and RANDALL KREAGER AND NANCY KREAGER whose legal address is : 11670 W. ST. RT. 163, OAK HARBOR 011 43449 of the County of and State of Ohio , of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( 5300.000.00 "• Three Hundred Thousand and OO/100 ••• IX/LIARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of GARFIELD and State of Colorado, described as follows: LOT 3 WEST RIMLEDGE SUBDIVISION ACCORDING TO THE FiNAL PLAT THEREOF RECORDED OCTOBER 5, 1999 AS RECEPTION NO. 553272. COUNTY OF GARFIELD STATE OF COLORADO also known as street number LOT 3, RIMLEDGE SUBDIVISION, CARBONDALE. CO 81623 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute end indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, Liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, SUBJECT TO THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO. GW234757 ISSUED BY LAND TiTLE GUARANTEE COMPANY AND EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2000 AND SUBSEQUENT YEARS. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. 1N WITNESS WHEREOF the Grantor(s) has executed this deed on the date setth above. STATE OF California County of Die- ... , = 1155639 :..Y ;1_17 C COlila'T>b c" - ,y;csSmp26.2031 MICHAEL M. HAMMES 7614101 LENORE L. HAMMES The f nsirtanent was acknowledged before me on this day of November 02,?000 by MICHAEL M. HAMMES AND LENORE L. HAMMES My commission expires /J74,/(.1/ Witness my hard and official seal. Notary Public Name and Address of Person Creating Newly Created Legal Description ( 38.35-106.5, C.R.S.) BS234757 lile/'a GW234757 Ftp i:Lr: Form No. 921A Rev 4-94. 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EO4Z-�W2Qp WmZOQ<,E3.O Z0)1- tJo(:b N U -f \O�J40dip2(WY9Ja072-°1�~a(unm-0°14°-NJu 01nW020203(a) 2® 0=22 c.�SUMO- c7 20 dSh >- Cn 6 W2<Z2ai� 14-4 O EC Ld 020-1 =Vi© MOD UOiQ .�.0d Sw2 © 1Ut1W2YCQj22W�(nQ WwSl 0"`6 03�3w OO -I 2J rJ¢M 0(fln 2030'0-0 fr.(wff9 200 0-m OEOCQ Q24=1W�,1��2 wZ~ WUJ W 20(01, -- ma 0.0'0(000 ('4,.7-.40-0~AZ O 1,_ 0.}00.7 07-® tow 0- o�10- - 0: CO 2O ,-. 0) J -10) 2 Q bW-m}�2 0.-)0 a�y1W Q¢JO"_<O.JWtL'4rww�o1- J.0 1n0 W - <.mid 1'j aW (2,1240- ZONU 2ad�4 aw¢2= 0+700( 0001-03 Li -r WOOW d 0) W Z 4 20- • 140414 ECO- W2M2ww 0 IX1p02 (n@ w2 -1020:112-12M11-022.4(01" - iw2W ¢00(01 22yy@02"0,-2+S(A 2 2- 0 1-w 4J (nr�1�WWarz2`n p 03.40 QVui1� 2 �b-02w 0 m.EO22 4Q 4100 QO 4(n +�1 CC 0,040(fC 09 2<"s d0) 21+10 O 0241-00(/220135222 Szw =r TOz2z 22400X711( Et0 �0 0000-'01 40)22 ca 2¢`s32rrmJ1 (n4=m 140 rorwo<<ootoo wwQ 0-0 v) -¢ zc0 (.'14+2 J7-¢ 2144 *- 22 e -- W-202 6661 Ib 60 :vi 90 Inn X41 9Ma'1tlldi\9146 6\POdd)SUS\ :r Reference: COMMITMENT for TITLE INSURANCE issued by TITLE COMPANY of the rockies as agent for WESTCOR LAND TITLE INSURANCE COMPANY Commitment Number: 0905678-C Commitment Ordered By: Terry Rogers Aspen Snowmass Sotheby's International Realty P.O. Box 5000 Snowmass Village, CO 81615 Phone: 970-923-2006 Fax: email: terry.rogers@sothebysrealty.com Inquiries should be directed to: Susan Hass Title Company of the Rockies 132 W. Main Street, Suite B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 email: shass@titlecorockies.com Reference Property Address: 100 County Road Catherine Store Road, Carbondale, CO 81623 SCHEDULE A 1. Effective Date: March 11, 2018, 7:00 am Issue Date: March 22, 2018 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: $240,000.00 Premium: $898.00 Proposed Insured: Katherine Schwerin 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Randall Kreager and Nancy Kreager, in joint tenancy 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: Lot 3, WEST RIMLEDGE SUBDIVISION, according to the Plat thereof filed October 5, 1999, at Reception No. 553272. Commitment No. 0905678-C Schedule B -I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 2. Deed from Randall Kreager and Nancy Kreager, to Katherine Schwerin. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 - CRA 39-14-102. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4 provided that: (A) The enclosed form, of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, and (B) The applicable scheduled charges in the amount of $75.00, are paid to the Company or its duly authorized agent. EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. 24 -month Chain of Title: The only conveyance(s) affecting said land recorded within the 24 months preceding the date of this commitment is (are) as follows: Warranty Deed recorded November 3, 2000, at Reception No. 571761. NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the conveyances subsequent to the plat are reported. Alta Commitment - 2006 Schedule B -I Requirements Commitment No. 0905678-C Schedule B -II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded April 14, 1917, in Book 92 at Page 365 and May 6, 1943, in Book 73 at Page 217. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 6, 1943, in Book 73 at Page 217. 9. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded March 16, 1976, in Book 483 at Page 575. 10. Reservations contained in Deed recorded March 16, 1976, in Book 483 at Page 575. 11. Terms, agreements, provisions, conditions and obligations as contained in Well Agreement recorded January 16, 1979, in Book 521 at Page 777, and amended by instrument recorded August 27, 1991, in Book 812 at Page 76. 12. Terms, agreements, provisions, conditions and obligations as contained in Agreement between Larry Barado and Christopher Sommer recorded May 30, 1980, in Book 549 at Page 316, and amended by instrument recorded February 5, 1992, in Book 823 at Page 42. 13. Utility Easement as evidenced by Deed recorded October 27, 1980, in Book 558 at Page 534. 14. Easement and right of way to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, as granted by Christopher Sommer to Holy Cross Electric Alta Commitment - 2006 Schedule B -II Exceptions Commitment No. 0905678-C Schedule B -II Exceptions (continued) Association, Inc. by instrument recorded October 27, 1980, in Book 558 at Page 647, said easement being more particularly described therein. 15. Resolution No. 98-35 by the Board of County Commissioners of Garfield County, recorded June 9, 1998, in Book 1071 at Page 710. 16. Private Road Maintenance Agreements recorded August 19, 1994, in Book 912 at Pages 896 - 926. 17. Subdivision Improvements Agreement recorded October 5, 1999, in Book 1154 at Page 1. 18. Easements, rights-of-way and other matters as shown on the Plat of Subject Property. 19. Terms, agreements, provisions, conditions and obligations as contained in Deed of Easement for Emergency Access recorded October 5, 1999, in Book 1154 at Page 22 and in Book 1154 at Page 27. 20. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded October 5, 1999, in Book 1154 at Page 31. 21. Easement and right of way to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system as granted by Michael Hammes and Lenore Hammes to Holy Cross Energy by instrument recorded November 15, 1999, in Book 1160 at Page 585, said easement being more particularly described therein. 22. Declaration of Easements recorded November 3, 2000, in Book 1215 at Page 879. 23. Resolution No. 2001-61 by the Board of County Commissioners of Garfield County, recorded August 21, 2001, in Book 1279 at Page 62, as same may affect subject property. 24. Terms, agreements, provisions, conditions and obligations as contained in Well Sharing Agreement recorded October 18, 2000, at Reception No. 570972. Alta Commitment - 2006 Schedule B -II Exceptions (continued) Commitment No. 0905678-C Disclosure Statements DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to § 10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that Disclosure Statements "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party." Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of "Buyer" and "Seller" shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner's Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): $823.00 $25.00 $75.00 TOTAL CHARGES $923.00 365 6-O f 1 ,..�-s:. ►: >w�aKa�. 0.-111: ae.-smvde--rza7ee THE UNITED STATES OF AMERICA GLENWOOD SPRINGS 0 g Ou alt to rr; tlom tt rir timetttg 'tact Genre, (rrrttug: WHEREAS, a Certificate of the Register of the Land Office a Glenwood Springs, C.lorado, has been deposited in the General Land Office, whereby it appears that full payment has been made by the claimant, / '_: according to the provisions of the ct of Congress of ire.. April 1820, entitled "An ac mar . g further provision for the sale of the Public Lands," and the acts supple- mentalthereto,for__,�Gt_ , _-_- __ according1to the Official Plat of the Survey of the said Land, returned to the General Land Office by the Surveyor General. NOW KNOW YE, That the United States of America, in consideration of the premises, and in conformity with the several Acts of Congress in such case made and provided, HAS given and granted, and by these presents DOES give and grant unto the said claimant and to the heirs of the said claimant the tract above. described; TO HAVE AND TO HOLD The same together with all the rights, privileges, immunities and appurtenances, of whatsoever nature, thereunto belonging, unto the said claimant and to the heirs and assigns of the said claimant forever; subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and there is reserved from the lands hereby granted a right of ythereon for ditches or canals constructed by the authority of the United States. IN TESTIMONY WHEREOF, I,_ _<�t- President of the United States of America, have caused these letters to be made patent, and the Seal of the General Land Office to be hereunto affixed. GIVEN under my hand, at the City of Washington, the_ -_ -P _day of____ _ _ _ in the year of our Lord one thousand nine hundred and__ `��nd oa Independence of the United States the one undred and i (SEAL) BY THE PRESIDENT By c. Recorder of the General Land Office. Recorded, Patent Number 0_.--er o 7 Secretary. Filed for record the '� [ day of A. D. 1917_ at -// • o'clock .. _M. _Recorder. By / Deputy. 4-&-70"7-7 iu alt to e 1111 THE UNITED STATES OF AMERICA GLENWOOD SPRINGS hent i r r [rr rnt. ftatt Tom, Grrrth t : WHEREAS, a Certificate of the. Register of thand Office at G,ia full payment has been made by the claimant, according to the provisions of the Act of Congress of 24th 4'4E01820 entitled "An act making furt er provisionfor the sale of the / ublic Lands''';nd the the a�ple mental thereto, for �� 4- -1. ° `� = , s "ate "<`"`-� l dC g., • • -._ .. .4-144' _...._ _ -... .... 7 a . ._'Q', ., .. od Spr ees, Colorado, has been deposited in the General Land Office, whereby it appears that according to the Official Plat of the Survey of the said Land, returned to the General Land Office by the Surveyor General. NOW KNOW YE, That the United States of America, in consideration of the premises, and in conformity with the. several Acts of Congress in such case made and provided, HAS given and granted, and by these presents DOES give and grant unto the said claimant and to the heirs of the said claimant the tract above described; TO HAVE AND TO HOLD The same together with all the rights, privileges, immunities and appurtenances, of whatsoever nature, thereunto belonging, unto the said claimant and to the heirs and assigns of the said claimant forever; subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and••decisions of Courts, and there is reserved from the lands hereby granted a right of way thereon for ditches or c .* constructed by the authority of the United States. IN TESTIMONY WHEREOF, I, President of the United States of America, have caused these letters to be made patent, and the Seal of the General Land Office to be hereunto affixed. i GIVEN under my hand, at the City of Washington, the_' _-_-day of in the year of our Lord one thousand nine hundred and4.4-e-and of the ndependence o the United States the one hundred and 2a (SEAL) BY THE PRESIDENT ZeC2 Recorded, Patent Number 6-6 !� Recorder of the General Land Office. Filed for record the A6 day of , A. D. 191_ , at___ o'cloc 11. _Recorder. By Deputy. RECORDED //.'1/4 J"C! 3CKf%.M. y46`742'1 Boox0912^ECi896 AUG ti9 1994MILt�k G ,'c•• at_5Rz, t;.ARFi_LD l.C_?K PRIVATE ROAD MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this 15th day of December, 1993, by and between the owners of land described in the Garfield County Clerk and Recorder's office as follows: OWNERS BOOK AND PAGE NUMBER Edward Collum and Cynthia Chardonnay 758/208 Shelly Gross and Annie Gross 772/965 Michael Hammes and Lenore Hammes 772/965 Rob Hunter and Patti Hunter 768/68 Terry Kirk and Julie Kirk 717/921 Lisa Kruidenier and Joe Scofield 787/966 Lisa Kruidenier and Joe Scofield 841/245 Kristen Lawrence 837/521 Phil Miller and Sally Miller 878/499 Steve Miller and Dawn Miller 841/987 Gregory Peters and Brenda Peters 753/2 Christopher Sommer 521/568 Ron Tarrson 754/612 Ron Tarrson, Trustee, etc. 805/343 Dave Zimmerman and Sally Zimmerman 824/620 WHEREAS, the parties hereto are each separate owners of land described on the book and page numbers as indicated above. Said parcels are adjacent to that roadway known as the Rimledge easement. WHEREAS, the parties hereto have each been granted a right of way along the road appurtenant to their homesites for purposes of ingress and egress to County Road 100 in the Carbondale, Colorado area. NOW, THEREFORE, in consideration of the mutual promises and terms contained herein, the parties hereto agree as follows: 1. The access road serving the homesites of the parties hereto shall be maintained by all the landowners served by such road and each owner shall pay his/her pro rata share of such maintenance and upkeep. 2. The provisions of this agreement shall run with the land of each of the above described parties and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 3. A board of directors comprised of homeowners shall be elected by November 1st each year. Said board shall handle the administration of said maintenance and upkeep. Page 1 of 2 (i4 (,A% o. X703 p//Z/ 800x0912 ^Gr; ;S 7 4. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dy ad year first above }vriftbn. 2, STATE OF .4Y,c� ) . ss. County of minas ) Collier =�� FLORI A Subscribed and sworn to before me this -.\ �L• L.L.L. , (s_ JANUARY, 1994 9r/day of MiligiorSoii, PM by Robert J. Lanigan and Mary E. Lanigan Witness my hand and official seal. My commission expires: • ID F-13 ‘16-4-11 11•0111311-69-15-` -> p:19-(.1:711 jt �•r ,,,"4; LINDA M. HARRIS *: ,•� ;•; W COMMISSION N CC295482 EXPIRES ry Public ; June 22,1997 • BONDED TNRU TROY FAIN INSURANCE, DC. August 18, 1994 CLERK AND RECORDER: Re: Rimledge Road Maintenance Agreement Please note that Robert and Mary Lanigan's left off of the list of property owners on Maintenance Agreement but they have signed part of the Agreement. Please record this Sincerely, 800X0912 puf 898 name has inadvertently been the original Road their copy and want to be with the agreements. Ned Collum Treasurer and Board Member EC ORDED AT // FEC 431387 O'CLOCK :M. .FEB 5 1992 MILDRED`ALSDORF, COUNTY CLERK GRANT OF EASEMENT BOOK 823 6 -GE 42 AGREEMENT made this 13th day of September, 1991, between CHRISTOPHER SOMMER, hereinafter "Grantor", and MICHAEL N. HAMMES and LENORE L. HAMMES, hereinafter "Grantees", WITNESSETH: WHEREAS, Grantor is the owner of a parcel of land situate in Garfield. County, Colorado, more fully described in Exhibit "A" annexed hereto; and WHEREAS, Grantees are the owners of a parcel of land situated in Garfield County, Colorado, more fully described in Exhibit "B" annexed hereto, which parcel is immediately west. of and adjacent to Grantor's parcel; and WHEREAS, Grantor and a .prdlecessor in title to: Grantees entered into an agreement dated May 19, 1980, and recorded May 30, 1980, in Book 549 at Page 316 as Reception No.. 304282 of the records of the Clerk and Recorder of Garfield County; and WHEREAS, it is the desire of the parties to this agreement to supersede the prior agreement in its entirety with the provisions set forth below. NOW, THEREFORE, for and in of the mutual covenants, conditions and promises herein cont it>>ed, it is agreed as follows: 1. Grantor hereby grants, 'bargains, sells and conveys to Grantees a 30 foot wide access and utility easement from Grantor°s eastern boundary to Grantor's western boundary and across Grantor's land situated in the SW'/4 SE'/a and in the SES/+SW.'/4 of. Section 24, Township 7 South, •Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, and lying 15 feet on each side of the following described centerline: Beginning at a point on the Westerly boundary line of a 30 foot wide access right of way whence a brass cap found in place and properly marked for the Southeast Corner of said Section 24 bears S. 72°33'29" E. 1,998.56 feet; thence N. 77°44'38" W. 108.89 feet; thence S. 72°22'51" W. 91.65 feet; thence S. 57°34'23" W. 138.99 feet; thence S. 69°36'4.7" W. 139.20 feet; thence S. 59°43'46" 'NV. 170.22 feet: thence S. 78'37'47' W. 126.95 fect; thence S. 88'37'22' W. 149.88 fe~ : thence N. 81=10'33" W. 114.99 feet to t_he, point of termtination on Grantor's wes-:ern boundary,. together with a 10 foot wide electrical utility easement situated in the SE 4SW'a oy Section 24; Township 7 South. Range 88 West of the 6th Principal Meridian, Garfield County. Coionido, lying five feet on each -side of the following described c.emerline: Beginning, at a power pole as built and in. place. whence a brass cap found inplace and pnaperly ; marked for the Southeast Corner of :aid Section 24 bears S. 80-'16'27" E. 2.846.49 feet; thence S. 36'07'53' W. 131.57 feet alone said centerline to Grantor's western boundary. 2 Grantor and Grantees agree that the easements granted herein are for the sole benefit of and appurtenant to Grantees' property described in Exhibit ,B, and shall be fused solely for a means of ingress and egress from such property and for the proNisions of utilities ..` to such property and further provided that any such utility shall oe inataai undexaround, 3. Grantor and Grantees agreethat the primary driving surface of the roadway to be inst;tt1 by Grantees shall not exceed fifteen (15)' feet in .width.. Bnok S23 PAGE 43 4. Grantees agree that Grantees shall bear all costs and expenses incurred in the installation and maintenance of the roadway and utilities to be located on said easement. 5. As further consideration to Grantor, Grantees agree that contemporaneously with Grantees' construction of the roadway on the easement described above, Grantees will cause a pioneer road so be constructed on the property described in Exhibit "A" for the sole benefit of Grantor. Such pioneer road will begin on Grantor's property at a point on the easement described above and proceed across said property to a point of termination at a proposed home site, all of which shall be selected by Grantor. Grantees shall give Grantor written notification at Grantor's address as disclosed by the Garfield County Assessor's Office not later than thirty (30) days prior to commencement of construction of Grantor's roadway. Grantor shall select and reasonably mark the points of beginning and termination and the line of the roadway not later than seven (7) days prior to the designated date for commencement of construction. The pioneer road shall be excavated to a width of fifteen (15) feet, unless terrain shall reasonably require a wider excavation, and shall be brought to a rough grade more or less on the existing slope of the alignment selected by Grantor. No imported road materials, such as fill or gravel, and no culverts or other drainage structures, shall be required of Grantees. 6. Grantees hereby release and quit claim any claim or interest in Grantor's property arising out of or by virtue of that certain agreement dated May 19, 1980, and recorded May 30, 1980, in Book 549 at Page 316 as Reception No. 304282 in the records of the Clerk and Recorder of Garfield County. 7. The covenants, conditions, promises and provisions of this agreement shall be deemed to be covenants running with the land and shall be binding upon and inure to the benefit of the respective parties, their heirs, successors and assigns. 8. This agreement shall constitute the entire agreement between the parties and any prior understandings or representations of any kind preceding this agreement shall not be binding upon either party, except to the extent incorporated in this agreement. 4. • Any modification of this agreement or additional obligation assumed by either era, r in connection with this agreement shall be binding only if evidenced in writing signed by sucst pari it yf areal *i tits ag reticent shall be governed by. construed and enforced in i Li%A7 i' "a art 7a 's of :he ?'&z ob.-7 L rilcri . i^ ' r Cr+tn.#'w' cornfrier • 7�Loz .tet Michael N. F at 3tkpot c Lenore L. Hammes ,rt STATE OF COLORADO ) )ss. COUNTY OF GARFIELD )' {, e, foregoing was acknowledged before me this vim/ " day o 1,99., by E)rjstopher Sommer. Smy hand and official seal. commission expires: STATE OF (- t�C COUNTY OF BOOK 823 : PAGE Notary Public • The foregoing was acknowledged before me this ay. o 1991, by Michael N. Hammes and Lenore L. Hammes WITNESS my hand and "official seal. My commission expires: g DC)"C1(1 EXHIBIT "An TO THAT CERTAIN BOOK 8V. r'rF 45 GRANT OF EASEMENT BY AND BETWEEN CHRISTOPHER SOMMER, GRANTOR AND MICHAEL N. HAMMES AND LENORE L. HAMMES, GRANTEES A parcel of land situated in the S'N'SE'/ SW'/ , SIN'/2S'/ZSE'/ S'SE'/ SW'/ and the S'S'SE' of Section 24, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, said parcel of land is described as follows: Aeginning at a rock found in place and pf9perly marked for the South Quarter Corner of said Section 24; thence N. 89°03'04" W. 292.40 fe.'talong the southerly line of said Section 24; thence N. 00°46'35 E. 996.86 feet to a point on th;e northerly line of said S'N'hSE'/.SW'/; thence S. 89°14'09" E. 313.94 feet along the northerly line of said S' N'/2SE1%SW'/ to a point on the north -south centerline of said Section 24; thence S. 89°58'01" E. 668.64 feet along the northerly line of said S'/ZNI S'SE'%; thence S. 01°57'13" W. 1001.88 feet to a point on the southerly line of said Section 24; thence N. 88°38'13" W. 669.59 feet along the southerly line of said Section 24 to the South Quarter Corner of said Section 24, the point of beginning. EXHIBIT "B" TO THAT CERTAIN BOOK. 82.E .err GRANT OF EASEMENT BY AND BETWEEN CHRISTOPHER SOMMER, GRANTOR AND. MICHAEL N. HAMMES AND LENORE L. HAMMES, GRANTEES A parcel of land situated in S1/2.N1 SE1/SWIA and the SIASE,ASW1/ of. Section 24, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, saidparcel of land is described as follows: Beginning at a rock found in place and properly marked for the South Quarter Corner of said Section 24; thence N. 89°03'04" W. 292.40 feet .along :the southerly line of said Section 24 to the True Point of Beginning; thence N. 89°03'04" W. 961.98 feet along the southerly line of said Section 24 to the Southwest Corner of said SE14.SW 14 thence N. 00°24'49" W. 993.97 feet along the westerly line of said SEVSW'/<< .thence S. 89°14'09" E. 982.58 feet along the. northerly line of said S'N1SE1/SW1%; thence S. 00°46'35" W. 996.86 feet to the True Point of Beginning. D T.;/4.o " •426759 .,,;a AUG 2..7 1991 . O U N. Y C L ,_ DENDUM.'TO:WELL .AGREEMENT. BOOX PAGE: 76:. THIS Addendum to Well Agreement is entered into between ;Michael Hammes (hereinafter "Hammes") whose address is P. 0. Box 798, Hunt Valley, MD 21030, •and Christopher Sommer (hereinafter "Sommer") whose address is P. 0: Box 4953, Aspen, CO 81612. WITNESSETH: WHEREAS, a Well Agreement was entered .into between Larry Barado and Sommer on January 10, 1979, such Agreement being recorded at Book 521, Page 777, Reception No. 291499 of the records of "" the Garfield County Clerk and - Recorder (hereinafter "Well Agreement"); and WHEREAS, Hammes is now :the.: Owner of the parcel of ,land previously. OWned by". Barado more fully described in the Well. Agreement, and WHEREAS, a professional engineer hasinspected: the=property. of Hammes and Sommer and has determined that at this time it is: not economically feasible to drill-one"well to service both parcels of land as contemplated and set forth'in "the Well Agreement; and WHEREAS, the parties are desirous :of amending the Well Agreement to :allow for the drilling of individual wells on theirindividual parcels • and setting forth the requirements of the parties in such instance. NOW, THEREFORE, for and in consideration of the above paragraphs the parties hereby agree as follows: • 1. Notwithstanding the rovisions of the Well"A reement each art shall be"entitled P g , P Y to drill an individual well which will service only his parcel. In -the event that. one party:desires. to drill a well on his parcel, that party shall be required to notify the other party of his intentions. 2. Should one party, after.malcing. diligent'; efforts, be unable to..complete'a water producing well or: should'one :party. be unable to :obtain an exempt well permit from the State. Engineer's Office, and if the other party has ,apermitted exempt water producing well producing water in an amountin excess of 6.0 g p.m., the party without a water producing well, at his sole expense, shall be entitled, to install piping to hook into the existing well for his use. Such additional use shall be limited to in house use .for one single family dwelling only. However, such installation and use shall not interfere with the drilling party's use of the water from. the well. In this instance, /the parties shall cooperate to obtain'any necessary well permit for the use of such well .for such` additional purposes and 'shall .share. expenses and the use of . the- well thereafter as set forth in the original Well Agreement. HAMMES.2AD BIf1K 812 PAGE 747 3. Nothing shall prevent the parties from drilling and using a joint well as was contemplated in the original Well Agreement in the future should both parties agree to that arrangement. 4. All terms and conditions of the Well Agreement not inconsistent herewith shali be binding upon the parties hereto. 5. The provisions herein shall be, binding upon and shall inure to the benefit of the respective parties hereto as owners of the parcels and their successors in interest, assigns, and heirs, and said covenants, conditions, and provisions shall be deemed to the covenants running with the land. 1N W1TN WHEREOF, the parties have executed this Addendum to the- Well f' Agreement thisday or '57,-t2 ,; 1.991. Christopher' Sommer i Michael Hammes HAMMP;.2J D STATE OF COLORADO ) ) ss: COUNTY OF Subscribed and sworn.to before me this ".clay of 1991, by. Christopher Sommer. WITNESS my hand and official seal. My, Commission expires: ,/,'; ' �: r /`!, /I/ STATE OF -€eI=C ADO ) -A.. ) ss. COUNTY • OF. ;: =�.� ._;' z : .• f3(1OK 812 NCE 4,.t\ 777,1 \"} - Notary Public • Subscribed and sworn to before me this ' day .of • 1991, by Michael Hammes. WITNESS my hand and official seal. Y ' My Commission expires: ,1t=t-.L�:..ti- l' • i7 H:iMMES 2AU -3- kt- Notary Public..•'•. 1. Nov/ if).D.s" 264 4,4 - 7 5.6t) 1== a-ty TIIE UNITED STATES OF AMERICA. To all to whom these Presents shall come, GREETING: Certificate No. 0 3.. WHEREAS, ALet.-ift-41. le-C-a-tz-k_cLa _ deposited in the GENERAL LAND OFFICE of the United States, a certificate of the Register of the Land Office at e'N that full payment has been made by the said according to the provisions of whereby it appears the Act of Congress of the 24th of April, 1820, entitled "An Act making further provision for the sale of the Public Lands," and the acts supplemental thereto, for the. 71Q.A*14, ad A -EA -A -CAA- L24-4.,--t-in. Li " •ti- It) 4-a-/- .C.4*,t.A. according to the Official Plat of LAND OFFICE by the Surveyor the Survey of the General, which said said lands, returned to the GENERAL Tract has been purchased by the said ....... NOW KNOW YE, That the UNITED STATES OF AMERICA, in consideration of the premises, and in conformity with the several Acts of Congress in such case made and provided, HAVE GIVEN AND GRANTED, and by these p -esents DO GIVE AND GRANT, unto the said GLAAJ., ft.a.io heirs, the said Tract above described ; TO HAVE AND TO HOLD the same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging unto the said and to heirs and assigns forever ; subj ct to any vested rights for mining, agricultural, manufacturing, or other purposes, and and reservoirs used in connection with such water acknowledged by the local customs, laws,and decisions right of the proprietor of a vein or lode to extract the same be found to penetrate or intersect the premises hereby granted, law; and there is reserved from the lands hereby granted. a right of ditches or canals constructed by the authority of the United States. and accrued water rights to ditches rights, as may be recognized and of courts, and also subject to the and remove his ore therefrom, should 0(1, In testimony whereof I,. United States of America, h Patent, and the seal of the affixed. as provided by way thereon for . ......................... of the e caused these letters to be made General Land Office to be hereunto GIVEN under my hand at the City of Washington, the day of 11/\. , in the year of - our Lord one thousand -ftvire hundred and and of the Independence of and By the President :. By ")14\ the United States the one hundred .... Secretary. Rveerded , -vet. , Page Recorder of the General Land Office. Filed for Record the day of........... A. D. 1§1V- at '.O...0 o'clock M. YJAi Recorder. By Deputy. 11111111111111111111111111111111111111 III 1111111111111 570972 10/18/2000 10:11A B1212 P946 M ALSDORF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO WELL SHARING AGREEMENT WELL PERMIT NO. 49666-F MLKE WELL NO, 3 A. PARTIES The parties to this Well Sharing Agreement are Mike Hammes, Lenore Hammes and James N. Jensen. &RECUALS_ The reason and purpose for entering into this Agreement is premised upon the following: WHEREAS, Mike and Lenore Hammes own 100% of the domestic well referenced in Well Permit No. 49666-F, also known as Mike Well No. 3. v) WHEREAS, the well was permitted for 15 gallons of water per minute for domestic purposes for two single family dwellings and two caretaker units and irrigation of not more than 3,000 square feet. WHEREAS, a re-application for the well permit is currently pending, which re- application lists Nfichael Hammes as the Applicant. WHEREAS, Mice and Lenore Hammes are currently the owners of Lot 3 and Lot 4 of the West Rimledge Subdivision as more particularly described on Exhibits A and B attached hereto. Mr. and Mrs. Hammes are in the process of selling Lot 4 of the West Rimledge Subdivision to James N. Jensen and desire to transfer an undivided one-half interest in the domestic well referenced in Well Permit No. 49666-F in connection with the sale. d-) °' WHEREAS, after the Closing of Lot 4 and after Well Permit No. 49666-P is re -issued the parties desire to assign the Well Permit to the West Rimledge Homeowner's Association .� subject to this Well Sharing Agreement. WHEREAS, the parties desire to reduce to writing their Agreement regarding said well. • L 1 v c C. AGREEMENT The parties agree as follows: 1. The Recitals set forth above are true and correct and are incorporated herein jetite. rn T6 'd 66L9 'ON y a5dYL-T10r,E 63611 HA, 13 3 04,1• k n.d4 i1, to' 1623 SNI SMOH N?SNaf WVEO : l l OOOZ 'L l '130 1 11 1111 11111 111111 11111 11111 111111 11111 111 1111111111111 570972 10/18/2000 10:11A B1212 P947 M ALSDORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO 2. Each of the parties may use the well for domestic uses on an equal basis. 3. Ownership and cost sharing of the well: The parties agree to share equally, all costs for common improvements and/or maintenance expenses for the well. 4. The parties shall assign the Well Permit to the West Rimiedge Homeowner's Association after the dosing of Lot 4 and after the Well Permit is re -issued. The assignment shall be subject to this Agreement. D. MUTUAL RELEASE Each party hereto releases the other party from any damages and/or liability that may result from the water quality of the well. This Mutual Release shall run to the benefit of all the parties, their heirs, successors and assigns. E DENS AR I s. The parties, their heirs, successors and assigns, shall make all decisions regarding repairs, maintenance, and common improvements of the well by mutual consent. In the event that the parties cannot agree on issues regarding the operation, maintenance or improvement of the well, the parties shall submit their dispute to binding arbitration, as provided for by Colorado law. The parties shall appoint as the sole arbitrator any appropriate member of a water engineering firm within the Roaring Fork Valley area. The arbitratoris empowered to make any legallyproper ruling to resolve the dispute, including an award of damages, injunctive relief, or any other appropriate award. 1.COVENANTs RUNNL Na3!m3-1 THE LAND. The parties, their heirs, successors and assigns, hereby agree that the Covenants contained in this Agreement are intended to and shall run with their lands as described in Exhibits A and B attached hereto and incorporated herein by this reference, and may be assigned only in connection with simultaneous conveyance of the lands. G. COUNTERERTS This agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which, taken together, shall constitute on and the same document. Facsimile copies of the original signature shall be considered legal and binding. Well Shering Agreement Well Pemut No. F 'd 66L9 'ON Page 2o#5 3NI S3WOH N3SN3r v :1 000 '130 1111111 nm nmi iiiii mil iiiiii imi iii nin ilii lei ' 570972 10/18/2000 10:11A B1212 P948 M ALSDORF 3 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO upsThis Agreement constitutes the entre Agreement of the parties parties hereto, their heirs, successors and assigns_ IN WITNESS WHEREOF, the parties have day and year opposite the name of each below Date (O. t3_e Date 1 CIO Date /0 /? — DD on Sharing Apenoveirl Well Await No. emis..p etc aeed otie got' P1YpQ:1, oo/siioi d - 66L9 'ON shall be binding s and seals on the Lenore H; Page Soil itfle.41147 a0a Oe' .IA IAJ,$ DNI SOH N3SN31' '130 1101111111101111111111111111111111111 111 1111111111111 570972 10/18/2000 10:11A B1212 P949 M ALSDORF 4 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A Lot 3 of the Westrimledge Subdivision according to the final plat recorded in the records of the Garfield County Clerk and Recorder on October 5,1999 as Reception No. 553272. C 'd 6E9 'ON DNI S1NOH N3SN3r WV O:l l OW 'tL 'DDO 1 111111 11111 111111 11111 ME PH 11111111 11111 110 1111 570972 10/18/2000 10:11A 81212 P950 M ALSDORF 5 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B Lot 4 of the Westrimledge Subdivision according records of the Garfield County Clerk and Record r on October plat l 1999 as Re on No. 553272. cep 9 'd 6,619 'ON 3NI S3WOH N3SN3r AVc0: ! ! 0002 'LL '100 k_//� OCT 27198 recorded at odc1ocK Reception No. `7 3 ?' MILDRED ALSDORF, RECORDER HOLY CROSS ELECTRIC ASSOCIATION, INC: RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that the undersigned, 8UU 558 PaGEb4► CHRISTOPHER SOMMER :(hereinafter called "Grantor") for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation whose post office address is P.O. Drawer 250, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress - across lands of Grantor, situate in the County of Garfield, State of Colorado, described as follows: A parcel of land situated in the SW4 SE1 of Section 24, Township 7 South, Range 88 West of the 6th P.M. as more fully described in Book 52].., Page 568 of the Garfield County Courthouse, Glenwood Springs, Colorado. And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands, upon an easement described as follows: An easement twenty (20) feet in width, the centerline for said ease- ment being an -overhead power line as constructed, the approximate location of which upon the above described property is shown on Exhibit A, attached hereto and made a part hereof by reference. Additional poles and/or guy wires with anchors and associated equipment may be placed in said easement as required at a later date. And, in addition, Grantor hereby grants to Grantee, and to its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which are tall enough to strike the wires in falling. Grantor agrees that all poles, wire and other facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that he is the owner of the above described lands, and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this j2� day of ©c.:-ToiR- STATE OF eat_va,.1-04 COUNTY OF /2 r/4/A, ss. , 1980. 31-4 Christopher Sommer The foregoing instrument was acknowledged before me this .„2„7, -4 day of ‘,l n?-75e7Z ':, 1980 by CHRISTOPHER SOMMER. ,t1fmp,,,,,,, i a WIT,NTSg:11yL�,.Yard' and official seal. M '�..c irntiis's•4'�r, expires ,.4,e,4, if/ t'B/ (Job#80-6790:65-24:Rimledge Sub:9-22-80) Notary Public wLn ► 0 i O vs� 41 to • rl l 0 • :>r Recorded at M �G o'clock_ _.._ ? OCT 2 ? 1989 308'702 /P.; ''L; i> BOOK 55S parF 534 Reception No. Recorder. it THIS DEED, Made this 22nd day of October 19 80, between LARRY BARADO, whose address is: P.O. Box 1244, Telluride, Colorado 81435 of the County of San Miguel and State of Colorado, of the first part, and INTERNATIONAL MARKETING AND DEVELOPMENT CORPORATION „•hose iegal address is 808 Royal Street, New Orleans, Louisiana 70116 City of New Orleans Louisiana of the -C-ornty-of and State of efdrirarin/of the second part: N'I'1:NESSE'I'li. That the said party of the first part, for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration )3Cttt#ft:37 to the said party of the first part in hand paid by the said party of the second part. the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever. all the following described lot or parcel of land, situate. lying and being in the County of and State of Colorado, to -wit: FILING STAMP r 4iPrE l l See Addendum A attached hereto and incorporated herein by this reference. SUBJECT TO: Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded in Book 73 at Page 217; Reservations which do not contain a forfeiture or reverter clause but omitting restrictions, if any, based on race, color, religion or national origin, contained in deed recorded in Book 483 at Page 575; and an as yet unrecorded :rl"kn, "7"'�n2-rand-ncrmbeiutility easement in favor of Holy Cross Electric Association, Inc TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in anywise apper- taining, 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 o1• the first part. either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO IIAVE ANI) TO HOLT) the said premises above bargained and described, with the appurtenances. unto the said , party of the second part, his heirs and assigns forever. And the said party of the first part, for himself. his heirs, executors, 80(1 administrators, does covenant, grant, bargain, and agree to and with the said party of the second part. his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed. as of good. sure, perfect. absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right. full power and lawful authority to grant, bargain, sell and convey the same in manner and forst as aforesaid, and that the sante are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever., EXCEPT, General taxes for 1980 due and payable January 1, 1981. and the aboved bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof. the said party of the first part shall and will WARRANT ANI) FOREVER DEFEND. The singular number shall include the plural. the plural the singular, and the use Of any gender shall be applicable to all genders. 1N WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. STATE OF COLORADO County of Pitkin ss. : (42eic.�? 'SEAL! LARRY 4ARADO The foregoing in.r.trunietit was atcknowleclged before me this 22nd 11) 80, by ,, LARier"BQRADO . ,:' .,,1115 • , NI`,d:c llis'siii ex15i+;et, .-,, off , / (2,• o2. , 19,� it nest; r c hand and official seal. • U - 7/, .., cz. IN:1,1 n a r, • r- r� No. 93'E ::::fl(jtAVT: ................Tf 1'�..1'h=rt,.r:rnphii 11,•rui 1 —Bradford 1 ubliahinl; Co., 18.18"-§17Street, Den�•er,Culorndo (:,i7-:,811)-8- 7:1 •rye•. .. SEA 14 day of October xnnu•y 11'uhlir— BOOK 558-NGE535 ADDENDUM A TO WARRANTY DEED FROM LARRY BARADO, FIRST PARTY' TO INTERNATIONAL MARKETING AND DEVELOPMENT CORPORATION Dated October 22, 1980 A parcel of land s.ituatrd i.n S? N.' SE=SW - and the S 8E kSW o of Section 24, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado; said parcel of land is described as fo).lows : Beginning at a rock fotnd in place and properly marked for the South Quarter Corner of said Section 24, thence N. 89°03' 04" W. 292.40 foot along the southerly line of :said Section 24 to the True Point of Beginning; thence N. 89°03'04" W. 961.98 feet along the southerly line of said Section 24 to the South-- west Corner of said SEkSW;; thence N. 00°24'49" W. 993.97 feet along the westerly ).ine of said SE4SWt; thence S. 89'14'09" E. 982.58 feet, along the northerly line of said S 1/2N3SEkSW4; thence S. 00°46'35" W. 996.86 feet to the True Point of Beginning. The above described parcel of land contains 22.26 acres more or less. I• Jo SAY 3 01980 / Recorded of o'clock P: Recepi:cn No. 304282 MILDRED ALSDORF, RECORDER AGREEMENT B00K r titt3 AGREEMENT made this /94 day of May, 19.80, between LARRY BARADO (hereinafter "grantee") and CHRISTOPHER SOMMER (hereinafter "grantor"). W I T N E S S E T H WHEREAS, grantee is owner of a certain parcel of land. situate in Garfield County, Colorado, more fully described in:. Exhibit A attached hereto and incorporated herein by this reference, and WHEREAS, grantor is owner of a certain parcel of land situate in Garfield County, Colorado, more fully described in Exhibit B attached hereto and incorporated herein by this reference, and WHEREAS, the two (2) parcels are contiguous and adjoining`_ and were created out of what was at one time one (1) single lot, and WHEREAS, grantee and grantor have heretofore entered into: a well agreement because only one (1) well may be drilled with respect to the two (2) parcels heretofore mentioned, and WHEREAS, grantor is desirous of providing grantee with. access to a road on the easterly boundary of grantor's property,. a thirty- (30) foot right of way having been reserved in a deed recorded March 16, 1976, in Book 483 at Page 575, County of Garfield, State of Colorado, and WHEREAS, grantee is desirous of having an easement for - purposes of access to the aforementioned road; NOW THEREFORE, in consideration of the mutual convenants... heretofore mentioned, it is agreed as follows: 1. Grantor grants to grantee a roadway easement thirty (30) feet in width in order that grantee may getfrom 549.. PacE317. his parcel .described herein ..In..Exhibit A,'to'the thirty'.(30) foot roadway reserved in a deed recorded on March 16, 1976, in Book 483 at .Page 575.. 2. Grantor and .grantee agree that the easement. shall. be used solely for the benefit for grantee's .property heretofore mentioned, and the easement shall be used solely as :a::means of ingress to and egress from grantee's property. 3. Grantor and grantee further agree that the roadway shall be located along the northerly and easterly boundary of grantor's parcel, in such places as to not un- reasonably diminish grantor's peaceful use and enjoyment of his subject Property. 4. Grantee agrees that he shall bear the sole cost :for the installation of the roadway, except as to that portion.. of'the 'roadway that would serve grantor's improvement of his property. 5. As to that portion of the -roadway whichwould service..the improvementofthe grantor, grantor and grantee .agree. to share equally. -in all expenses with -respect to installation and maintenance thereof 6. As. to those portions of the roadway whose bene fit is strictly to the .grantee's property; the portion of the:: roadway shall be paid for solely by the grantee and shall be is maintained solely by the grantee at grantee's expense. 7. The covenants, conditions and provisions contained herein shall be binding on and shall inure to the .benefit of the respective parties hereto as owners of the'lots. described respectively in Exhibit A.and Exhibit B and their successors in interest; and the covenants, conditions and provisions shall be deemed to be .covenants running:.with.:the .land.' BOOX 9 ?MME31 IN.WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. '� LARRY BARADO ate'tl.') n ._:' .3190- l]t' ::i � _: C • ;i•s.nhip :`l :�oi]t'h, R.IP43e88 Scst of tl]e .Sixth . ...: .::..::.. .. C,lri`_9:e1d •('ouni.y, Colorado; sa.id::parcel.:o:f d i:5 de sc i.bed a s : fol.lvws _ BOOK Joy PAGE P,oginning: at .a found ).n place and prc)perly.marked "for -Elie-. South • Quar.ter CU]: ncr of said Section 24 , thence N 89° 03' 292: 4 0 f5 -et a 1 ong the southerly .Line of .said Section.. -24 to "the Trne "Point Of Beginning; thence N. 89°03'04" W. 961..98 feet along the southerly line of said Section 24 to the South7. west Corner . of said SE SWC , thence N 00°24'49" W. 9.93.97 feet :.along. the uesi:erly line of Said SE'SY$�, the nee S. 89°14,09 E. 9:82...58 feet, along the northerly line' of said S 1/2N 3E3-SU4,.. .thence S. 00046135" W. `:996.86 feet to the True Point of Beginning.: The above described parcel of land contains .22.2.6 acres more o less. BOOK 54914€320 p.:1 -col of land situated- l n.. '31/2N'_ j 1/4.su4-/..'3½''3L, ��2�J�� .i'�4 .end 1he 1/2: ,.3, ,, of Section 24,'1'ovrp ;hi.p .7' So»th, :.Range -88 111.-st of t_ho Si, • h :'x• ii;cip31 Meridian, 0,113:'fl�_]:d county,C'ol or. r.lo, i d '1 oC land is -described -as follows:. • 13t..�,7 nni ng at a .rock found in place and properly marked for 1:he South Qnarier .Corner of said Section 24; thence N. 89°.03'.04" W. 292.40 .feet along the southerly line, of said .c=ct•inn 24; thenc e N. 00.°46'35" g.:..9.96.86 feet to a poi n1: on the norther -1Y .line of Said ;S=1N?;SE1/4SW1/4; thence S. 89°14' 09" E. 31.3.94 feet along the northerly. line of said S''_h?ZSE1/4Slic 4 1.o a point on the nort:h:.. 50uth centerline of said Section 24; thence S. 88°58'01" E. 668.-64 feet along the northerly line of said S.N'S 1/2SE4; thence S. 01° 57-' 13 W. 1001.88 feet to a point on the southerly line .of said Section 24; thence N. .88°38'13" W. 669.59 feet along the southerly line of said Section 24 to the. South Quarter Corner of said Section 24:, the point of beginning. ..The a1bove descri.bcd parcel of land contains 22.26 acros more or less o 5�. JAN 1 6 1979 Recorded at /...._— o' clock,_.._ — PR Reception No " 3.0 ldred Alsdorf, Recorder WELL AGREEMENT THIS INDENTURE made this ie day of .J <avwa y 197 (/, between LARRY BARADO (hereinafter"Barado"), whose address is 59 West Claiborne Square, Chalmette, Louisiana 70043 and CHRISTOPHER SOMMER (hereinafter "Sommer"), whose address is P.O. Box 4953, Aspen, Colorado 81611. WITNESSETH: WHEREAS, Barado is the owner of a parcel of land containing approximately 22.5 acres more or less and further described herein in Addendum A attached hereto and incorporated herein by this reference; and WHEREAS, Sommer is the owner of a parcel of land con- taining approximately 22.5 acres more or less and further described herein Addendum B attached hereto and incorporated herein by this reference; and, WHEREAS, the above described parcels were originally one (1) parcel on which only one (1) well can be drilled; and WHEREAS, the parties are thereby desirous of provid– ing for joint useage of a well which will be located on a site yet to be determined; and WHEREAS, the parties are desirous of allocating the costs of drilling the well, acquiring and installing the well compound, laying of pipe from the well to the respective improvements located on the above described property, and the::. maintaining of the system; IT IS THEREFORE AGREED AS FOLLOWS: 1. The respective parties hereby grant and convey to each other the non-exclusive use and enjoyment of the well,. wherever situate, for purposes of taking and using the water therefrom for all domestic purposes incidental to lawful use`: and enjoyment of their lots and for such other and further purposes as may from time to time be lawfully authorized and: permitted. t, Ac.F. 778 2. The respective parties do further grant and con- vey to each other an easement over their lots to said extent as is necessary for purposes of installing and maintaining a well and an underground water line to transport the water from said well to the respective improvements that may be constructed upon the described property, said easement to be ten (10) feet wide and in such place as may be determined at a future date based upon location of the well. 3. The parties agree to join in an application for a well permit as required by applicable statutes and regulations and hereby grant unto each other a limited power of attorney for the purpose of preparation and submission of such application and all other actions required for the issuance of such well permit; provided, however no such application shall be submitted by either party without delivery of written notice to the other party. 4. The respective parties shall share equally in the costs of drilling said well, purchasing and installing the pump and other equipment used in connection therewith, purchasing and maintaining the pipe that will be used to run water from the well to the respective improvement, including all costs incurred with respect to the installation and maintenance of the under- ground water lines running to the respective improvements, maintaining said well and equipment in good operating condition and all other costs incidental thereto. 5. The respective parties shall have the right to enter upon the easement area hereinabove described for the purpose of installing and maintaining said well and underground water line and for such other maintenance and upkeep which may be necessary from time to time. 6. Any work to be performed and paid for under the provisions of the well agreement herein shall not commence until a cost estimate of work to be done has been presented to and approved in wirting by all parties to this Agreement. The NT(T( .i �+ai approval of the parties shall not be unreasonably withheld, and:it.is not the intention of the parties hereto to allow this clause to be used to prevent or unreasonably delay work authorized by this Agreement. 7. All work authorized by this Agreement shall be promptly paid for by the parties hereto. As there are no improvements currently located on the property, it is under- stood that the work done at any given time may inure to the immediate benefit of only one (1) party. However, under the terms of this Agreement, all bills shall be promptly paid by the respective parties to this Agreement, regardless of whether the benefit inures only to one (1) party at a given time or to the benefit of both parties. 8. The parties to this Agreement agree that, in the event a lawsuit is necessary to collect monies due under this Agreement, losing party shall pay all costs, including a reasonable attorney's fee. 9. The covenants, conditions and provisions contained herein shall be binding upon and shall inure to the benefit of the respective parties hereto as owners of the lots described respectively in Addendum A and Addendum B and their successors in interest; and said covenants, conditions and provisions shall be deemed to be covenants running with the land. 10. All notices required hereunder shall be in writing and shall be delivered personally or by certified mail, return receipt requested to the parties at the address shown above. Notices shall be deemed effective upon delivery but not later than ten (10) days after posting. Either party or his successor may give notice of a charge in address as provided herein. -IN WITNESS WHEREOF, the parties have executed this Well Agreement this j C; day of ) �� : jj , 197L3 G LARRY BARADO CHRISTOPHER SOMMER STATE OF COUNTY OF BOCA ss. The foregoing Well Agreement was sworn to before me this !6° -day ofd, LARRY BARADO. Witness my hand and official seal. My commission expires: STATE OF COLORADO ) COUNTY OF PITKIN ) ss. f}. < < ii"t�Salt fi .:,;j;1, i;3 4/ 7/> tirOn 1 Notary The foregoing Well Agreement was sworn and to before me this `day of SOMMER. 19 71) 7 by r l Witness my hand and official seal. My commission expires: ^Ii _rf ES 4/ 3/1:482 )06_, !" 1Ei!4a- subscribed:. CHRISTOPHER i G7 1f. i!.1.V\a. .f) `3 �. (. 1 81l"i( 521. Pff.E781 t n, 144 z; t• ii Cc,,_). .,155(; November 24, 1978 GXff&7-- `4" O/,l.PG'& A/D. / A parcel of land situated in S1/2N4SE4SW4 and the SIISE4SW4 of Section 24, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado; said parcel of land is described as follows: Beginning at a rock found in place and properly marked for the South Quarter Corner of said Section 24, thence N. 89°03' 04" W. 292.40 feet along the southerly line of said Section 24 to the True Point of Beginning; thence N. 89°03'04" W. 961.98 feet along the southerly line of said Section 24 to the South- west Corner of said SE4SW4; thence N. 00°24'49" W. 993.97 feet along the westerly line of said SE4SW4; thence S. 89°14'09" E. 982.58 feet, along the northerly line of said S1/2N12-SE4SW4; thence S. 00°46'35" W. 996.86 feet to the True Point of Beginning. The above described parcel of land contains 22.26 acres more or less. SCARROW AND WALKER/KKBNA, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 November 24, 1978 :572 {itc. Borg. 521 Pay€`732 t:s • 1c;. , ,: . Sr: ica: (, O3' r1.^..(.1'1 ;t lj ?. T> 4 541.)f. f. 1 i'.0 14 h C•.• 7., ("_( iG F�) 6f. . :tlJ .• .> ex/id/7- e, parcel of land situated in S N ZSE 4SW 4 , S N ZS'SE a, S SE SSW 4 and the,SliSzSE4 of Section 24,Township 7 South, Range 88 West of the Sixth Principal Meridian,Garfield County, Colorado, said parcel of land is described as follows: Beginning at a rock found in place and properly marked for the South Quarter Corner of said Section 24, thence N. 89°03'04" W. 292..:40 feet along the southerly line of said Section 24; thence .'N: 00°46'35" E. 996.86 feet to a point on the northerly line of said`S'N4SE4SW4; thence S. 89°14'09" E. 313.94 feet along the northerly line of said ShN2SE4SW4 to a point on the north -south `centerline of said Section 24; thence S. 88°58'01" E. 668.64 feet along the northerly line of said S WISIISE4; thence S. 01° 57'13" W. 1001.88 feet to a point on the southerly line of said Section 24; thence N. 88°38'13" W. 669.59 feet along the southerly line of said Section 24 to the South Quarter Corner of said Section 24, the point of beginning. The above described parcel of land contains 22.26 acres more or less. SCARROW AND WALKER/KKBNA, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 November' 24, 1978 OF. t JJ' Recorded. at .. G' U o' clock:MAR .1 6 73-4si�-G; Receptiox �fo.� L11a Stephens.;R�corder WARRANTY DEED 50fJ•pc F.3 RIMLEDGE URANIUM AND MINING CORPORATION, . Utah Corporation, qualified to do business in Colorado, whose street address is 275 East 32nd Street, Durango, Colorado. -81301, -Grantor,, for .the c.onsi deration Of One Hundred Dollars. ($100.00) and other good and valu- able considerations, in hand paid, hereby se.11sand conveys to DIANE DALE, whose address is P. the following real property in Colorado, to -wit: O., Box .117-, Fspen,, Colorado :8161.1-4 he County of Garfield., State of The. West one-half of the (SAN 1S�SE%, Sy535SE a., S zN zSE aSA, ShSEkSWb) of .Section 24, Township 7 South, Range 88 West of the 6th P. -M. con- taining 45 acres, more or less with all its appurtenances and warrants the title to the same subject to reservations and exceptions contained in the applicable United States Patent and subject to general taxes for the year 1976, payable in 1977, and subject to .the following restrictive covenants, which covenants shall run with the land: CO No temporary buildings or structures of any hindinclu- ding but not limited to, towedor self-propelled trailers, mobile homes or campers shall be constructed or permitted to remain upon any part of the property cal construction shacks and/or tool.and sheds which shall be used in connection except for typi- material storage with and Permit- ted to remain only during periods of construction ..of,per- manent improvements. (2) All construction and alteration work once commenced with- in the property shall be pursued diligently and shall be` completed as promptly as reasonably possible; the site .. 800K483 PAG€ 5 of :such construction shall be kept clear and freefrom unnecessary and unreasonable accumulation of trash and debris. (3) All unsightly structures, facilities, equipment and other items, including but not limited to trailers, boats, trucks, tractors, snow removal or garden equip- ment, and quipment,:and any similar items shall:. be kept at all times:. except when in actual use in enclosed structures or otherwise screened from view from any adjoining pro- perty. No lumber, metals bulk material, scrap, refuse or trash shall be kept, stored or allowed to accumulate. on any property, except building materials during the course of construction and then only for such reasonable period of time as is necessary prior to collection or disposal thereof (4) No mining, quarrying, tunneling, excavating or dril- ling for any substance within the earth, including oil, gas, minerals, gravel, sand, rock and earth, but exclu- ding water, shall be permitted on any part ofthe pro- perty. (5) No firearms shall be discharged within the boundaries. of the property, and reserving unto the Grantor, its successors and assigns, a non- exclusive right of way 30' in width lying adjacent to and adjoining the easterly boundary of the above described land for access an.d. egress to any and all land of Grantor, its successors and assigns. Grantor covenants that a non-exclusive access and egress road from the County Road to the above described land will be completed -2- before,:August. '. . .1976. IN WITNESS WHEREOF, this Warranty Deed is executed : this day of March,1976. BYE !y\c- z Its President ST'AT&,,AF"COLORADO ) RIMLEDGE URANIUM AND MINING CORPORATION ss COUNTY .OF GARFIELD ) The foregoing Warranty Deed -was acknowledged, before me this 8th day:of March, 1976, by Fern A. McCormick as President of Rimledge Uranium and Mining Corporation. • ;WI�PNk$ , my hand and official. seal. ,\017:‘ R Y' j u~' n�f. �•1G:'� Notary .Public My coinmissij expires: January 30, 1977 0P COI' 1111111 11111 111111 111111 11 11111111 11111 II1 1111111111111 586746 08/21/2001 10:42A B1279 P62 M ALSDORF 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 20th day of August, 2001, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Walt Stowe , Commissioner Mildred Alsdorf , Clerk of the Board Don DeFord , County Attorney Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 200 1 -61 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR MICHAEL AND LENORE HAIVIMES WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Michael and Lenore Hammes concerned with a Special Use Permit to allow for an accessory dwelling unit; WHEREAS, the Board held a public hearing on the 4th day of June, 2001 upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 1111111 11111 111111 111111 11 11111111 HEN 1111111111111 586746 08/21/2001 10:42A B1279 P63 N ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit he and hereby is approved to allow an accessory dwelling unit, upon the following specific conditions: 1. That all proposals of the applicant, made in the application and at the public hearing, shall be considered conditions of approval, unless specified otherwise by the Board of County Commissioners. 2. That the accessory dwelling unit shall adhere to all provisions of Section 5.03.021 of the Garfield County Zoning Resolution of 1978, as amended. That the accessory dwelling unit shall adhere to the following standards: "No open hearth solid -fuel fireplaces will be allowed on this lot. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward, towards the interior of the lot. Provisions may be made to allow for safety lighting that goes beyond the property boundaries." "The minimum defensible space distance for structures shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Garfield County has adopted a "bight to Farm" provision in the Garfield County Zoning Resolution in Section 1.08, which states among other things, that "residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County' s agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector." The site plan for the accessory dwelling unit will include a plan for the defensible space around the accessory dwelling . 5. Only a leasehold interest in the accessory dwelling unit is allowed. 1 111111 11111 111111 111111 11 11111111 11111 Ill 1111111111111 586746 08/21/2001 10:42A B1279 P64 M ALSDORF 3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 20th day of August A.D. 2001 ATTEST: 01.0 0110,., cn c, the mrd z.- 4'.` :ti '' GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by th:4ollowing vote: COMMISSIONER CHAIRMAN JOHN F. MARTIN COMMISSIONER WALTER A. STOWE COMMISSIONER LARRY L. MCCOWN STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2001. County Clerk and ex -officio Clerk of the Board of County Commissioners 1111111111111111111111111111111111111111111111111111111 571760 11/03/2000 10:21A B1215 P879 M ALSDORF 1 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF EASEMENTS THIS DECLARATION OF EASEMENTS is made this 3) day of October, 2000, by MICHAEL N. HAMMES and LENORE L. HAMMES ("Declarants"). RECITALS A. Declarants are the owners of Lot 2 and Lot 3, West.Rirnledge Subdivision ("Lot 2" or "Lot 3", as the case may be), according to the Final Plat thereof recorded October 5, 1999 in the Garfield County real estate records as Reception No. 553272. B. Lot 3 and Lot 2 are adjacent to one another so that the westerly boundary line of Lot 3 forms the easterly boundary line of Lot 2, C. Declarants wish.to impose the -following easements upon and for the benefit of Lots 2 and 3 as hereinafter set forth in this Declaration. DECLARATION OF EASEMENT 1. Easement Upon Lot 3 for the Benefit of Lot 2. a. Description and Purpose of Easement. Declarants hereby create a non- exclusive easement, on, along, over and across that portion of Lot 3 which is described on Exhibit A attached hereto and incorporated herein by this reference, for the benefit of Lot 2 and the owner thereof, said owner's guests and invitees, for the purpose of constructing, using, maintaining, repairing, and replacing, a driveway upon said easement ("Driveway Easement"). Said Driveway Easement may be used as vehicular and pedestrian access to a garage and/or guesthouse which may be constructed on Lot 2 detached from the existing dwelling unit on Lot 2. It is acknowledged and agreed that this Easement is non-exclusive in that the owner of Lot 3, his guests and invitees, may use the Easement as a driveway to provide vehicular and pedestrian ingress and egress to any improvement which may be constructed on Lot 3, or for any other purpose which does not interfere with the use of the Easement as a driveway to access a detached garage/guesthouse on Lot 2. b. Duration of Driveway Easement. The Driveway Easement shall either N. become a permanent easement or be terminated as hereinafter provided. In the event that ,mss, Declarants obtain a building permit and commence construction of a detached garage and/or N guesthouse on Lot 2, the Driveway Easement shall automatically become a permanent easement upon the recording of a written instrument in the Garfield County real estate records which: i. Refers to this Declaration by its recording information; 1.0-tc-rx +01 1 c(r `Y Mo,nb qv n `ar&2Aar.&, 746 �+ z,-"G'f�two o cl 5, `L6 ii. States that Declarants or an Allowed Transferee as defined below are the owners of Lot 2; and iii. States that Declarants or an Allowed Transferee have obtained a building permit for a detached garage and/or guesthouse on Lot 2. In the event that Declarants sell or transfer Lot 2 to any transferee except a business entity in which Declarants are the owners of more than a fifty percent (50%) interest, one or more of Declarants' children, or a family trust or partnership whose beneficial interest is owned by Declarants or members of their immediate family (collectively, an "Allowed Transferee"), without first recording the Affidavit described hereinabove, then the Driveway Easement created hereby shall terminate upon the recording of the Deed of Conveyance from Declarants to any transferee other than an Allowed Transferee, 2. Easement for Encroachment. Declarants hereby create an easement for an encroachment on Lot 2, for the benefit of Lot 3 and the owners thereof as hereinafter provided ("Encroachment"). Declarants hereby acknowledge that in order to properly construct a driveway to any improvement to be constructed within the building envelope on Lot 3, a "switchback" from the driveway constructed within the Driveway Easement described in Section 1, above, will be necessary. A properly constructed driveway switchback of the Lot 3 driveway may encroach onto Lot 2. The reason and purpose for the Encroachment authorized hereby is to allow the Lot 3 driveway switchback to encroach onto Lot. 2; provided, however, that (i) the size of the Encroachment shall be the minimum necessary to allow construction of the Lot 3 driveway switchback, and in no event shall the Encroachment extend more than fifteen feet (15') onto Lot 2, or at any location other than the location of the Lot 3 driveway switchback; (ii) in constructing any driveway within the Encroachment, the owner of Lot 3 shall take all reasonable efforts to minimize the amount of vegetation on Lot 2 which is damaged or destroyed by such construction activity; and (iii) any surface ofLot 2 which is disturbed by construction of the driveway within the Encroachment shall be revegetated by the owner of Lot 3. 3. The Driveway Easement and Encroachment created hereby shall be a burden and benefit to Lot 3 and Lot 2 as hereinabove provided, shall run with Lot 3 and Lot 2, and shall be binding upon and inure to the benefit of Declarants, and the owners of each of Lot 3 and Lot 2, their heirs, personal representatives, successors and assigns, as hereinabove specifically provided. Declaration of Easements Michael N. Hammes and Lenore L. Hammes 1 111111 11111 111111 11111 11111 11111 111111111 11111 1111 IIII 571760 11/03/2000 10:21A B1215 P880 M ALSDORF 2 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO Page 2 of 3 1111111111111111111111111111111111111111111111111111111 571760 11/03/2000 10:21A B1215 P881 M ALSDORF 3 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, Declarants have executed this Declaration of Easements on this day of October, 2000. - STATE OF alit/ raeit-M- ) ) ss COUNTY OF 7Jj JEG ) Michael Hammes f Lenore L. Hamme The above and foregoing document was acknowledged before me this day of OcroBe c , 2000, by Michael N. Hammes. Witness my hand and official Notary Pub My commission ex fres: My address is: A-41- Th,C4-D4-V 1 ; s,c gl0 C,4cs D 674 -gra( STATE OF G/fft,T9441/4-- ) ) ss COUNTY OF ,.J'7(11Di'-6G ) CHERYL CAEAITENI CommTSscn # 1 155639 y No'ary P - Ca?iforr�ia #J, / SQ'i .:li^y-^ County ••- tit '2F The above and foregoing document was acknowledged before me this (9C-M8c-X. , 2000, by Lenore L. Hammes. Witness my hand and official My commission expires: My address is:'31a .1-XA-MY ,41.)er 57-6= 36 Notary Pub 7//0/ c:Swp-dOCf1Ll ]4nJD ... 1 0-26-00 Declaration of Easements Michael N. Hammes and Lenore L. Hammes day of CHERYL CIABATTlNI Commission # 1155639 No'ary Pyr i. - California 1 C.r= 5a' -");P.a� County a 0 0 a cUa E )- �NZ CO o O. 0 =61 O N W a-1 -I Mm CC as .4c� m �m m � m X00 N m N 4-1 CO iztmoi� o r - •:r EXHIBIT A. EXISTING 50' INGRESS. EGRESS, EMERGENCY ACCESS, UTILITY AND DRAINAGE EASEMENT • 8.44' N53'34'05"E 30.07' • 30' ACCESS EASEMENT t UILDING N VELOPE N89'32' 29" 25.42' LOT 3 WEST RIMLEDGE SUB. SOUTH QUARTER CORNER SEC. 24. FOUND. ALUMINUM CAP L.S. #11204 30' ACCESS EASEMENT DESCRIPTION A 10' WIDE STPIP OF LAND SITUATED IN LOT 3. WEST RIMLEDGE SUBDIVISION, COUNTY OF GARFIELD, S'fATE OF COLORADO; SAID EASEMENT LYING 15.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMANCING AT THE SOUTH OUARTER CORNER OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 158 WEST Of THE SIXTH PRINCIPAL MERIDIAN; THENCE N 89'32'29'' W ALONG THE: SOUTHERLY LINE OF SAID SECTION 24 A DISTANCE OF 25.42 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID WEST RIMLEDGE SUBDIVISION; THENCE N 161I'5T' W ALONG THE WESTERLY UNE OF SAID LOT 3 A DISTANCE OF 199.81 FEET TO A POINT ON THE CENTERLINE OF SAID EASEMENT. THE POINT OF BEGINNING; THENCE LEAVING SA10 WESTERLY LOT LINE N 62'58'35" E ALONG SAID CENTERLINE 164.48 FEET; ThENCE CONTINUING ALONG SAID CENTERLINE N. 53'34'05" E 30.07 FEET; THENCE- CONTINUING ALONG SAID CENTERLINE N 23'19'05 E 8.44 FEET TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY OF AN EXISTING 50' INGRESS, EGRESS. EMERGENCY ACCESS, UTILITY AND DRAINAGE EASEMENT, THE TERMINUS_ lesatkullouileff kyam 1j ry tra Sie • .;--;-V-hl 19598 .i.Iti;*‘.7)\""tk/41i 14r/,lfIlfieli I;�, DATE: SFPI 000__-. Ale I ciNI-*f;! ..._ -,^rf.: a coms, .r -r �. , carro)�4 1 1111 11111 111111 III 111111111111111111 111 111111111 1111 � 5 555390 11/15/1999 03:14P B1160 P585 N ALSDORF 1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT KNOW ALL MEN 8Y THESE PRESENTS, that the undersigned, MICHAEL HAMMES LENORE HAMMES (hereinafter called "Grantors"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Drawer 21 50, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantors, situate in the County of Garfield, State of Colorado, described as follows: A parcel of land located in Section 24, Township 7 South, Range 88 West of the 6th P.M. as more fully described in book 989 at pages 826, 827, and 828 of the records of the Garfield County Courthouse, Glenwood Springs, Colorado. And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands, upon an easement described as follows: An easement twenty (20) feet in width, the centerline for said easement being a power line as constructed, the approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. It is agreed that down guys with anchors can be installed outside of the twenty (20) foot easement. The rights herein granted specifically allow Grantee to install additional poles, down guys with anchors, overhead conductors and/or related facilities within the easement described by the attached exhibit. Additional down guys with anchors may also be installed outside the twenty (20) foot easement. And, in addition, Grantors hereby grant to Grantee, and to its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which are tall enough to strike the wires in falling. Grantors agree that all poles, wire and other facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantors covenant that they are the owners of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHE EOF, Gra ors have caused these presents to be duly executed on this / o'er" day of MICHAEL HAMMES STATE OF Nir141-44‘441) ) ss. COUNTY OF ) /16 �% The`toregoj'yrg instrument was acknowledged before me this / a day of b .LMICHAEL HAMMES. WITNESSJny hand and official seal. My ti3pimission expires: Q � LENORE H MMES STATE OF ) COUNTY OF ss. �`� ) The foregoing instrument was acknowledged before me this / 999 .by LENORE HAMMES. N(ITNESS my hand and official seal. •. My•tornmission expires: 11114 Nota' Public Address: Q6 59( 7,1 C C,Cy, .Ni 4t.,L gas �d day of Notary ublic Address: 1 y1q 914441J jAAi MAD124:: MY CSO: y' _ SaiiO; 5 ZE7f 13 ,2031 W/O#99-16820:65-24:West Rim ledge Pole Relocation:11-8-99 quaco\hammer 111111111111111111111111111111111111111 111 1111111111111 555390 11/15/1999 03:14P B1160 P586 M ALSDORF 2 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO o (I7 N Q > C� W m� X 03 N I I wCO I 00 0 •Ln(O CDW CY 0 O a zO _1J J W z m w - - -- DRAINAGE EASEMENT- -_ - ` S w �> crm ('")< J t� T 0 I - LA 0 w O r Zd / / r r r / �4 ' w O a z O - Jw Z mw 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P B1154 P31 M ALSDORF 1 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS OF WEST RIMLEDGE SUBDIVISION Lawrence R. Green P.O. Drawer 790 Glenwood Springs, CO 81602 111111111111111111111111 111 111111111111 111 11111 11111111 553276 10/05/1999 04:46P 81154 P32 M ALSDORF 2 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO TABLE OF CONTENTS Page ARTICLE I. PURPOSE OF COVENANTS 1 ARTICLE II. OWNERS — HOMEOWNERS ASSOCIATION 1 Membership 1 Purpose 1 ARTICLE III. USE RESTRICTIONS 2 Permitted Uses 2 Accessory Uses 2 Duplexes/Multi-Family Structures 2 Outbuildings 2 ARTICLE IV. ARCHITECTURAL COMMITTEE 3 Architectural Committee 3 Approval by Architectural Committee 3 Improvements — Site Location 4 Building Permit 4 Variances 4 General Requirements 5 Materials and Landscaping 5 Site Location 5 Fencing 5 Lighting 5 Requirements for Protecting Structures from Wildlife 5 Construction Specifications 6 Defensible Space 6 Preliminary Approvals 7 Architectural and Site Development Plans 7 Architectural Committee Not Liable 7 Written Records 7 Authority to Promulgate Rules and Regulations 8 ARTICLE V. RESTRICTIONS AND PROTECTIVE COVENANTS 8 No Further Subdivision 8 Domestic Animals 8 1 111111 11111 111111 IIIII iii 1111111 11111 111 11111 1111 1111 653276 10/05/1999 04:46P B1154 P33 M ALSDORF 3 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO Underground Utility Lines 9 Service Yards and Trash 9 No Mining, Drilling or Quarrying 9 Domestic Water Wells 9 Individual Sewage Disposal System 10 Trees 10 Hunting 10 Prohibition Against Lawn Chemicals 10 ARTICLE VI. RESTRICTIONS ON LOTS 10 Number and Location of Buildings 10 Completion of Construction 10 Used or Temporary Structures 11 Enclosure of Unsightly Facilities and Equipment 11 Noxious or Offensive Activity or Sounds 11 Air Quality Restrictions 11 Firearms 11 Commercial Activities 11 General Restriction 12 ARTICLE VII. ACCESS TO SUBDIVISION 12 Primary Access 12 Emergency Access 12 ARTICLE VIII. COLLECTION OF ASSESSMENTS — ENFORCEMENT 13 Assessments 13 Lien for Nonpayment of Assessments 13 Enforcement Action 14 Limitations on Actions 14 ARTICLE IX. EASEMENTS AND OPEN SPACE 15 Easements Shown on Final Plat 15 Easements for Access and Repairs 15 ARTICLE X. INSURANCE 15 Types of Insurance 15 1111111 11111 111111111111 111 111111111111 111 11111 11111111 553276 10/05/1999 04:46P B1154 P34 M ALSDORF 4 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE XI. GENERAL PROVISIONS 15 Declaration to Run 15 Termination of Declaration 16 Amendment of Declaration 16 Severability 16 Paragraph Headings 16 Limited Liability 16 1111111 11111111111111111 111 1111111 11111111111111111111 553276 10/05/1999 04:46P B1154 P35 M ALSDORF 5 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS FOR WEST RIMLEDGE SUBDIVISION THIS DECLARATION OF PROTECTIVE COVENANTS FOR WEST RIMLEDGE SUBDIVISION is made and entered into this ,2X 1 day of ) J -1 , 1999. ARTICLE I. PURPOSE OF COVENANTS This Declaration of Protective Covenants (the "Declaration") shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as West Rimledge Subdivision (the "Subdivision") consisting of four (4) lots (the "Lots") as defined and described in the Final Plat (the "Final Plat") therefor recorded as Reception No. 5f...5,2_7 in the Office of the Clerk and Recorder of Garfield County, Colorado. It is the intention of Michael N. and Lenore L. Hammes (hereinafter collectively the "Declarant"), expressed by their execution of this Declaration, that the lands within the Subdivision be developed and maintained as a highly desirable scenic residential area with a strong sense of security, neighborhood and community. It is the purpose of this Declaration to create rules and a decision making process to strengthen the community, to preserve the present natural beauty, character and views of the Subdivision to the greatest extent reasonably possible, and to always protect the Lots as much as possible with respect to uses, structures, landscaping and general development. This Declaration shall be a burden upon and run with all of the lands within the Subdivision. ARTICLE II. OWNERS — HOMEOWNERS ASSOCIATION 1. Membership. All persons or other entities (including without limitation the Declarant) who own or acquire the all or part of the fee simple title to any of the Lots by whatever means acquired shall be referred to herein as "Owners". Each person or entity who is the Owner of a respective Lot, or if more than one, all persons and entities collectively who are the Owners of a respective Lot shall be referred to herein as a "Member." Each Member shall automatically be considered to have, for each Lot such Member owns, one membership interest in West Rimledge Homeowners Association (hereinafter the "Association"), a Colorado non-profit corporation, in accordance with the Articles of Incorporation of the Association, which have been filed with the Colorado Secretary of State, as the same may be duly amended from time to time and also filed with the Colorado Secretary of State. Each Owner and Member shall be entitled to the privileges and obligations enumerated in this Declaration and in the Articles of Incorporation and the Bylaws of the Association, as the same now exist or as they may be amended from time to time. 2. Purpose. The Association shall be authorized and empowered to take each and every step necessary or convenient to the implementation and enforcement of this Declaration. The Association shall have the right and responsibility to maintain, preserve, repair, and otherwise Declaration of Protective Covenants West Rimledge Subdivision Page 1 of 17 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P B1154 P36 M ALSDORF 6 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, regulate and keep all roads and easements within the Subdivision and the access roads leading to the Subdivision in good, safe and usable condition to the extent that such may be reasonably necessary, feasible and desirable. The Association may own or co-own, operate, maintain, repair and replace the potable water system serving the Subdivision. The Association may enter into agreements with third parties for the maintenance, repair and upkeep of roads and accesses and the operation, maintenance, repair, and replacement of the potable water system. All costs and expenses incurred by the Association in connection with any of the foregoing shall be borne by the Members and shall be assessed, all as more fully provided herein. ARTICLE III. USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant or accessory thereto, shall be constructed on any Lot. The minimum size of a single- family dwelling shall be two thousand (2,000) square feet, exclusive of basements, open porches, decks, carports and garages. The maximum size of any single-family dwelling shall be twelve thousand (12,000) square feet, exclusive of basements, open porches, decks, carports and garages. 2. Accessory Dwelling Units. Accessory dwelling units shall be permitted on all Lots within the Subdivision in accordance with applicable provisions at the Garfield County zoning, subdivision and building regulations and shall be subject to the provisions thereof. The maximum size of an accessory dwelling unit shall be the smaller of three thousand five hundred (3,500) square feet or the size allowed at the time of construction by Garfield County in the applicable zone district, exclusive of basements, open porches, decks, carports and garages. The square footage of any such accessory dwelling unit shall not be included in the minimum or maximum amounts of square footage for dwelling units as provided in paragraph II1.1 above. 3. Duplexes/Multi-Family Structures. Duplexes and multi -family structures are prohibited in the Subdivision. An accessory dwelling unit whether or not attached to a residential structure, shall not cause the structures on a Lot to be considered a duplex or multi -family structure. 4. Outbuildings. Auxiliary buildings such as greenhouses, tool sheds, work areas, detached garages and the like shall be permitted within the Subdivision, provided that no individual auxiliary building shall exceed one thousand two hundred (1,200) square feet, and provided further that the total square footage of auxiliary buildings on any single Lot shall not exceed one thousand eight hundred (1,800) square feet. No such auxiliary building shall exceed eighteen (18) feet in height at the ridgeline. No auxiliary building shall contain living facilities or be used as a dwelling unit but auxiliary buildings may include bathrooms. Declaration of Protective Covenants West Rimledge Subdivision Page 2 of 17 1111111 11111 111111111111 111 111111111111111111111111 1111 553276 10/05/1999 04:46P 81134 P37 M ALSDORF 7 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE IV. ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Committee shall be composed of three (3) natural persons. Prior to Declarant's sale of three (3) Lots, Declarant may from time to time appoint and remove the members of the Architectural Committee in Declarant's sole discretion, and the Board of Directors of the Association (the "Board of Directors") shall have no authority to remove any member so appointed. Upon the sale of the third (3rd) Lot, any new members of the Architectural Committee shall be appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all times be three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Members. The Architectural Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument. The Architectural Committee shall not be obligated to have regular meetings, but shall meet as necessary to conduct the business of the Committee. All members of the Committee shall be provided at least ten (10) days advance notice of all Committee meetings. 2. Approval by Architectural Committee. No improvements of any kind, including, but not limited to, dwelling units, greenhouses, garages, tool sheds, work areas, fences, walls, driveways, towers, antennae, satellite dishes, kennels, exterior lighting, corrals, flagpoles, curbs and walks shall be constructed, erected, altered or permitted to remain within the Subdivision, nor shall any excavating, tree cutting and clearing or landscaping be done within the Subdivision, unless the complete architectural and site development plans and specifications (and such other items as are included in the "Plans" defined below) for such construction, alteration or landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by this Declaration or required to do by any subdivision improvements agreement between the Declarant and Garfield County. In particular, but without limiting the generality and scope of the foregoing, no roof may be placed on any structure unless the finished exterior material and color of such roof is specifically approved by the Architectural Committee. Revegetation of all infills and cuts will be required. Plans addressing the revegetation of infills and cuts shall provide for adequate weed control, the use of native grasses, shrubs or trees, and the use of certified, weed -free seed. Such plans will be submitted to the Architectural Committee prior to any excavation, and the Architectural Committee's approval of such plans shall be required before such excavation begins. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a grading and drainage plan, a soils and foundation report and an individual sewage disposal system (ISDS) design both prepared and certified by a professional engineer, and a fire management plan consistent with the provisions hereof and Plat Note No. 10 of the Plat and approved by the Carbondale and Rural Fire Protection District, and a complete list of all finished exterior materials and colors to be used (collectively referred to herein as the "Plans"). All copies of the Plans shall be signed and dated for Declaration of Protective Covenants West Rimledge Subdivision Page 3 of 17 111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P B1154 P38 ti ALSDORF 8 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO identification by the Owner or his architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify additional information, reports, plans, specifications and the like required to be submitted to the Architectural Committee and to be deemed part of the Plans for all purposes hereunder. In the event the Architectural Committee fails to take any action within sixty (60) days after three (3) copies of the Plans have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove any Plans . The majority vote of the full number of members of the Architectural Committee then in office shall be required for any approvals described herein, but unless such majority votes to approve, the vote of two members ofthe Architectural Committee to disapprove shall constitute disapproval. In the event the Architectural Committee shall disapprove any Plans, the person or entity submitting such Plans may appeal the matter to the next annual or special meeting of the Members of the Association where a vote of seventy-five percent (75%) of the Members' votes entitled to be cast at said Members' meetings shall be required to change the decision of the Architectural Committee. 3. Improvements -- Site Location. All structures or improvements shall be constructed within the approved building envelopes depicted on the Final Plat. No structures or improvements, other than fences or walks, shall be constructed on forty percent (40%) or greater slopes. There shall be a minimum defensible space as specified herein of forty-five (45) feet on the East and West sides and sixty (60) feet on the North and South sides of each dwelling unit within the subdivision. 4. Building Permit. An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, that the Plans approved by the Building Department shall not differ in any substantial way from the Plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. 5. Variances. Unless specifically prohibited by a provision of this Declaration, the Architectural Committee may, by an affirmative vote of a majority of the full numbers of members of the Architectural Committee then in office, allow reasonable variances as to any ofthe covenants and restrictions governing architectural control contained in this Declaration and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provision of this Declaration which was required by an approval obtained by Declarant from Garfield County for the Subdivision or which violates the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Owners. Notice to such Owners shall be deemed effective when placed in the United States mail, first-class postage prepaid, certified with return receipt requested, and addressed to the last known address for each Owner as provided to the Association. Declaration of Protective Covenants West Rimledge Subdivision Page 4 of 17 111111111111111111111111111111111111111 111 1111111111111 553276 10/05/1999 04:46P B1154 P39 M ALSDORF 9 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO 6. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, alterations, excavating, tree -cutting and clearing and landscaping within the Subdivision harmonize (to the greatest extent possible) with the natural surroundings within the Subdivision and with other structures and improvements within the Subdivision as to design, materials, color, siting, height, grade, finished ground elevation of neighboring lots and other design features. a. Materials and Landscaping. The Architectural Committee shall evaluate, among other things, the materials and colors to be used on the outside of buildings or structures, and the harmony of landscaping and finished grade and floor elevation with the natural setting and the native trees and other vegetation within the Subdivision. It shall encourage "xeriscape" landscaping which emphasizes the use of indigenous foliage. b. Site Location. Subject to the provisions of paragraph IV.3 of this Declaration, the Architectural Committee shall exercise its judgment to preserve, the natural characteristics of each Lot including trees, vegetation, and the natural setting of each building site. The Architectural Committee shall evaluate the relationship of any proposed structure or improvement to topography, the viewsheds of and relationships to other existing or potential structures and improvements in the Subdivision. c. Fencing. Barbed wire and chain link fencing shall be prohibited. Only wooden fencing shall be permitted within the Subdivision, with limited exception pertaining specifically to gardens, kennels or other elements where a wooden fence would not serve the purpose desired such as to keep animals in an enclosed area or to keep wildlife out of an enclosed area and to areas in close proximity to the primary or secondary structure where a masonry fence or wall may be used in addition to wood to create privacy or to provide visual screening. The type and location of all fencing must be approved by the Architectural Committee. In consideration of allowing the free movement of wildlife through the Subdivision no fencing shall exceed forty-two (42) inches in height when located outside of the building envelope as shown on the Final Plat. Within said building envelope, fencing may exceed this height only as approved by the Architectural Committee for the purpose of providing privacy, screening, containing domestic animals or excluding wildlife. d. Lighting. The Architectural Committee shall consider exterior lighting plans and will require that all exterior lighting be directed downward and towards the applicant's property. It will also recommend that all Owners make every effort possible to limit the use of exterior lighting at night. It shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owners' respective Lot. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. 7. Requirements for Protecting Structures from Wildfire. Wildfire is a fact of nature, and nothing can guarantee that persons or property within the Subdivision will be free from injury or damage due to wildfire. The requirements of this paragraph IV.7 and paragraph IV.3 above are Declaration of Protective Covenants West Rimledge Subdivision Page 5 of 17 111111111111111111111111111111111111111111 1111111111111 53276 10/05/1999 04:46P B1154 P40 M ALSDORF 10 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO intended to reduce the risk of damage or injury from wildfire from information available as of the date hereof without representation or warranty of any kind. All structures shall be designed and constructed in a manner to minimize the possibility of ignition from wildfire. The following design criteria shall be required for construction in the Subdivision. a. Construction Specifications. 1) Roofs: Roof construction and materials shall meet a fire resistance classification of "Class C" (as defined in the Uniform Building Code) or its equivalent. 2) Vents: Undereave vents shall be located near the roof line rather than near the wall to prevent flames from entering the house through these openings. The vents shall be screened with corrosion resistant, noncombustible wire mesh with the mesh not to exceed, on a nominal basis, 114 inch in size. 3) Decks: Upper level decks or other similar overhangs on the south (downhill) side of dwelling units shall not be allowed within the Subdivision. 4) Glazed Openings: Dual pane or triple pane glazing or its equivalent is recommended on all glazed openings. 5) Chimneys and Flues: Chimneys and flues which serve solid fuel appliances shall be provided with an approved spark arrester. b. Defensible Space. Defensible space is defined as an area surrounding a structure where certain modifications have been made and restrictions imposed to reduce or eliminate the presence of flammable material. Minimum defensible space for the Subdivision is set forth in paragraph IV.3 herein. The Colorado State Forest Service recommends downslope fuel modification for a distance of one hundred feet or more for structures located at the top of steep slopes. The following fuel modification procedures shall be followed in the creation of a defensible space. Large native trees, shrub groups and clumps of small trees within the defensible space should be thinned to provide 10 feet of separation between the vegetation canopies. New plantings should be placed to maintain 10 feet of separation of the vegetation canopies at the mature growth of the plantings. Grasses within the defensible space should be mowed to 4 inches or less. Declaration of Protective Covenants West Rimledge Subdivision Page 6 of 17 1 111111 11111 111111 111111 111 1111111 11111 111 111111111 1111 553276 10/03/1999 04:46P B1154 P41 M ALSDORF 11 of 21 R 103.00 D 0.00 GARFIELD COUNTY CO All trees taller than 18 feet should have lower branches pruned to a height of 6 feet. Shrubs and trees should be thinned along driveways to assure access by emergency vehicles. If not enclosed within a fire resistant structure, woodpiles should not be located within 30 feet from any structures, and flammable vegetation should be cleared for a distance of 10 feet around any woodpile. Construction materials, leaves and flammable debris should be removed from the defensible space. Leaves and debris should be removed from roofs at least once a year. Branches should be separated from chimneys by at least 10 feet. All liquid propane gas tanks should be buried. 8. Preliminary Approvals. Lot Owners who anticipate constructing or modifying structures or improvements on a Lot or excavating, tree -cutting and cleaning or landscaping on a Lot may submit preliminary sketches or plans thereof to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete Plans to allow the Architectural Committee to act intelligently in giving an informed preliminary approval or disapproval. The Architectural Committee shall never be committed or bound by any preliminary or informal approval or disapproval. The preliminary approval process is offered as an accommodation only, and the Architectural Committee may set fees for this service. 9. Architectural and Site Development Plans. The Architectural Committee shall disapprove any Plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by this Declaration. 10. Architectural Committee Not Liable. Neither the Architectural Committee nor any member thereof shall be liable for damages to any person or entity submitting any Plans for approval, or to any Owner or Owners of Lots, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such Plans. Neither the Architectural Committee nor any member thereof shall have any liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by this Declaration and any rules or regulations duly adopted by the Architectural Committee pursuant to this Declaration. 11. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set Declaration of Protective Covenants West Rimledge Subdivision Page 7 of 17 111111111111111111111111 111 1111111 11111 111 1111111111111 553276 10/05/1999 04:46P B1154 P42 M ALSDORF 12 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO of the finally approved Plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this Declaration. 12. Authority to Promulgate Rules and Regulations. The Architectural Committee may promulgate and adopt rules and regulations necessary to implement this Declaration. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, alterations and the like. ARTICLE V. RESTRICTIONS AND PROTECTIVE COVENANTS 1. No Further Subdivision. No Lot shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat; provided, however, that conveyances or dedications of easements, if approved by the Architectural Committee, may be made for less than the full dimensions of a Lot. Notwithstanding the foregoing, a lot line adjustment between two (2) Lots shall be allowed, subject, however, to any reviews or approvals that may be required by the Garfield County Land Use Code and the prior approval of the Architectural Committee. 2. Domestic Animals. Except as expressly limited herein, domestic animals such as dogs, cats, rabbits, caged birds and fish shall be permitted subject to any rules and regulations which may be promulgated by the Board of Directors. The open pasturing of horses shall not be allowed within the Subdivision; however, horses may be kept in a stable and small corral upon a Lot in the Subdivision. Other livestock such as cattle, llamas, goats, pigs, sheep, chicken and other poultry shall not be permitted within the Subdivision. The Owner of each Lot shall be entitled to keep a maximum of one (1) mature dog. A mature dog shall be considered to be any dog older than four (4) months old. The neutering of dogs is strongly encouraged. Dogs shall be kept under the control of the Owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the respective Owners' Lot or within the area of any access, roadway, drainage or open space easement within the Subdivision shown on the Final Plat unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, electrically kenneled or housed at all times. The Association shall have the right to assess and enforce penalties against Owners violating these restrictions applying to dogs as specified in rules and regulations promulgated by the Board of Directors. Should any dog be found chasing any or molesting deer or, elk or any domestic animals, or livestock of any Owners other than the Owner of the dog in question, the Association shall be authorized to prohibit the Owner from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other Owners' domestic animals or livestock. Declaration of Protective Covenants West Rimledge Subdivision Page 8 of 17 1111111 111 1111111111111 553276 10/05/1999 04:46P B1154 P43 M ALSDORF 13 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects and waste at all times. No commercial animal breeding activities of any kind shall be permitted within the Subdivision. Notwithstanding the foregoing, no animal(s) may be kept on or within a Lot (whether or not within a structure) which, in the good faith judgment of the Board of Directors, result(s) in any annoyance or are obnoxious to Owners or other residents in the vicinity of the Subdivision. 3. Underground Utility Lines. All water, sewer, gas, electrical, telephone, cable television and other utility pipes or lines within the limits of Subdivision, except for those in existence as of the date hereof and providing service to the existing dwelling unit located on Lot 2 of the Subdivision, shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the respective Owners causing the installation of the utilities no later than the next growing season following installation. 4. Service Yards and Trash. Equipment, service yards or storage piles on any Lots may be permitted during construction if they receive Architectural Committee review approval. Otherwise, no lumber, metals, equipment or bulk materials shall be kept, stored or allowed to accumulate outside on any Lot. All scraps, refuse and trash shall be removed from all Lots, shall not be allowed to accumulate and shall not be burned thereon. 5. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of the Subdivision. 6. Domestic Water Wells. Domestic water service for the subdivision shall be provided by three individual water wells properly permitted under Well Permit Nos. 49664-F, 49665-F, and 49666-F. At all times the Owners of Lots within the Subdivision and the Association shall comply with all conditions of said Well Permits. No later thirty (30) days from the date of recording this Declaration, the Declarant shall assign the aforesaid Well Permits and Basalt Water Conservancy District Allotment Contract No. 299 which provides augmentation water for such wells to the Association. From and after the date of such assignment, the Association shall be responsible for all charges due the Basalt Water Conservancy District under Allotment Contract No. 299 as provided in said Contract and Order Granting Allotment Contract No. 299. The Association is hereby granted the authority and obligation to accept such assignment of the Well Permits and Allotment Contract No. 299 and to enforce all terms and conditions contained in said Well Permits and said Allotment Contract. Notwithstanding such assignment, the Owners of the Lot(s) receiving service from a particular well shall be responsible for all costs associated with drilling, operating, maintaining, repairing, and replacing the well which provides service to that Owner's Lot, including reimbursement to the Association of fees paid by the Association to the Basalt Water Conservancy District. In the event that any Owner shall fail to reimburse the Association such fees, or shall Declaration of Protective Covenants West Rimledge Subdivision Page 9 of 17 1111111 11111 111111 111111 111 1111111 11111 111 1IIII 111 1111 553276 10/05/1999 04:46P B1154 P44 M ALSDORF 14 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO otherwise fail to properly maintain and repair any well, the Association shall have the authority to pay such fee or to maintain or repair such defective well and assess the cost thereof against such Owner as a special assessment in accordance with the provisions of Article VIII of this Declaration. 7. Individual Sewage Disposal Systems. Sewage disposal for the Subdivision will be by Individual Sewage Disposal Systems (ISDS), typically a septic tank and leach field for each dwelling unit. Each ISDS shall be designed and constructed in accordance with Garfield County and State of Colorado regulations in effect at the time of construction. Each ISDS shall be designed and located to minimize tree removal and changes to the natural contours of the land. Responsibility for construction, operation and maintenance of each ISDS shall rest with the individual Lot Owner, and such system shall be maintained in accordance with applicable regulations of Garfield County and the State of Colorado. At a minimum, each septic tank shall be pumped at least every three (3) years. In the event that any Owner shall fail to properly maintain and repair the ISDS serving that Owner's lot, the Association shall have the authority to maintain or repair such defective ISDS and assess the cost thereof against such Owner as a special assessment in accordance with the provisions of Article VIII. of this Declaration. 8. Trees. No Owner shall remove any healthy, living trees without first having obtained the approval of the Architectural Committee. All construction, landscaping and development on any Lot shall seek to minimize the removal of trees and maximize the preservation of trees to the greatest extent possible consistent with requirements for a defensible space, and wildlife protection and the reasonable immediate plans of the Owners of the respective Lot to improve, develop or redevelop it. 9. Hunting. Hunting shall be prohibited within the Subdivision. In the event of conflict with wildlife on a Lot, the Lot Owner shall contact the Colorado Division of Wildlife to determine appropriate measures to mitigate the conflict. Wildlife which constitutes a nuisance may only be removed or destroyed upon the approval of the Association and only in a manner approved by the Colorado Division of Wildlife. 10. Prohibition Against Lawn Chemicals. The application of chemicals to lawn grasses within the Subdivision to control weeds, pests or for any other purpose, is strictly prohibited. ARTICLE VL RESTRICTIONS ON LOTS 1. Number and Location of Buildings. No buildings or improvements of any kind shall be placed, erected, altered or permitted to remain on any Lots except as approved by the Architectural Committee. 2. Completion of Construction. Any construction activity on any Lot shall be completed, fully cleaned up and landscaped within eighteen (18) months from the issuance of a building permit, unless the Owner of the Lot shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a Declaration of Protective Covenants West Rimledge Subdivision Page 10 of 17 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P 61154 P45 M ALSDORF 15 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Board of Directors may assess penalties in any amount it deems appropriate. 3. Used or Temporary Structures. Except within an enclosed garage, no used or previously erected or temporary house, structure, mobile home, manufactured home, or trailer shall not be interpreted as a general prohibition of modular construction. Furthermore, the foregoing prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction or until the issuance of a Certificate of Occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office and storage purposes and shall not be occupied as a residence for any period of time. 4. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including, but not limited to, those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, camper, recreational vehicle, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or garden equipment and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any propane or other fuel storage tanks shall be buried. Any storage piles, refuse or trash containers, utility meters or other facilities, shall be enclosed within a structure or appropriately screened from view by plantings or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets and private roads. 5. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be carried on upon any portion of the Subdivision at any time, nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereby by sight or sound, provided that the Board of Directors may authorize the use of sound and sound devices to control or mange wildlife, livestock or domestic animals. 6. Air Quality Restrictions: In order to protect against the degradation which occurs to air quality as a result of the utilization of wood -burning devices, the following restrictions apply: a. No open hearth solid fuel fireplaces will be allowed anywhere within the Subdivision, except as the same may exist as of the date hereof within the existing residence on Lot 2. b. All dwelling units within the Subdivision will be allowed an unrestricted number of natural gas burning fireplaces or appliances. c. All dwelling units within the Subdivision will be allowed one (1) new wood - burning stove as defined by Colorado Revised Statutes 25-7-401 et seq., and the regulations promulgated thereunder. 7. Firearms. The discharge or shooting of firearms is prohibited in the Subdivision except as may be permitted by rules and regulations adopted by the Board of Directors. Declaration of Protective Covenants West Rimledge Subdivision Page 11 of 17 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P 61154 P46 M ALSDORF 16 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO 8. Commercial Activities. Neither the conduct of any commercial activities nor the storage of materials, goods, equipment and other items used or associated with commercial activities shall not be permitted on any Lot; provided, however, that personal vehicles with a business name placed thereon shall not be prohibited and Owners shall be permitted to maintain an office on their respective Lots so long as services are not provided which result in the public coming to such Lot on a regular basis. 9. General Restriction. All Lots shall comply with restrictions contained in any other section of this Declaration. The Board of Directors may adopt, promulgate and enforce rules, regulations necessary or advisable to implement or interpret the provisions of this Declaration. ARTICLE VII. ACCESS TO SUBDIVISION 1. Primary Access. Primary access to the Subdivision from Garfield County Road 100 is along a private road, known as Rimledge Road. The costs of maintaining Rimledge Road are shared by all users of the road pursuant to a Road Maintenance Agreement recorded in the records of Garfield County at Book , Page (hereinafter Road Maintenance Agreement). The Owners of all lots within the Subdivision shall become and are hereby declared to be parties to the Road Maintenance Agreement. Each Owner of a lot within the Subdivision hereby agrees to pay his or her pro rata share of the costs of maintenance and upkeep of Rimledge Road as stated in the Road Maintenance Agreement. In the event that any Owner shall fail to pay his or her share of the cost of road maintenance for Rimledge Road as levied in accordance with the Road Maintenance Agreement, the Association shall have the authority to pay such cost on behalf of such defaulting Owner and assess such cost as a special assessment to such Owner in accordance with the provisions of Article VIII. of this Declaration. 2. Emergency Access. In accordance with conditions of approval for the Subdivision imposed by Garfield County Declarant has obtained a perpetual easement for emergency ingress to and egress from the Subdivision across Lot 1 of the Subdivision and then over and across an existing emergency access road through Lot 5 of Wooden Deer Subdivision which is contiguous to said Lot 1 to the West. Declarant shall construct an approximately twelve foot wide roadway consisting of approximately six inches depth of three inch roadbase material upon this easement. The purpose of said roadway is expressly limited to, and said roadway may only be utilized as ingress to or egress from the Subdivision in an emergency fire or medical situation when the primary access is impassable. This emergency ingress/egress road shall require periodic maintenance, including some snowplowing, if it is to remain passable and provide the intended emergency access. The Association shall be responsible to maintain and repair such emergency access road, and the costs associated therewith shall be a common expense assessed against the Owners of all lots within the Subdivision as provided in Article VIII. of this Declaration. It is also intended and agreed that owners of Lots within Wooden Deer Subdivision have the right to utilize this emergency access easement in the event of the need for emergency ingress/egress to and from Wooden Deer Subdivision. Declaration of Protective Covenants West Rimledge Subdivision Page 12 of 17 1 111111 11111 111111 111111 iii 1111111 11111 111 111111 111 1111 553276 10/05/1999 04:46P B1154 P47 M ALSDORF 17 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE VIII. COLLECTION OF ASSESSMENTS — ENFORCEMENT 1. Assessments. All Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors. To the extent the Association is responsible therefor, assessments maybe lawfully imposed for any items of common expense which may include, among other things: expenses and costs of maintaining, repairing and plowing of roads within and accessing the Subdivision, including the emergency access road described in paragraph VII.(2) hereof; expenses of the Architectural Committee; and insurance, accounting and legal functions of the Association. The Board of Directors may establish contingency and reserve funds necessary to satisfy the maintenance of the Association's obligations and to fund any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his prorata portion of these funds. As used herein, an Owner's prorata portion of common expenses shall mean a fraction formed by the number of Lots purchased and held by the Owner (numerator) and the number of Lots in the Subdivision (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with this Declaration, the Articles or the Bylaws of the Association, as may be necessary or advisable. Such special assessment shall be paid for by the Owner(s) obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. 2. Lien for Nonpayment of Assessments. Alt sums assessed by the Board ofDirectors, any fines which may be levied on an Owner, and unpaid utility fees and assessments charged to an Owner, shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: a. tax and special assessment liens on the Lots in favor of any governmental assessing unit; and b. all sums unpaid on a first mortgage ofrecord, including any unpaid obligatory sums as may be provided by encumbrance. Each Owner hereby agrees that the Association's lien on a Lot for assessments as herein above described shall be superior to the homestead exemption provided by Colorado Revised Statutes §38-410-201, et seq. , and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. Declaration of Protective Covenants West Rimledge Subdivision Page 13 of 17 1 111111 11111 111111 111111 111 1111111 11111111 111111 111 101 553276 10/05/1999 04:46P 61154 P48 M ALSDORF 18 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board of Directors. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the of the Lot and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the Lot at foreclosure sale and acquire and hold, lease, mortgage and convey the same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. 3. Enforcement Action. The Association, acting by and through its Board ofDirectors, shall have the right to prosecute any action to enforce the provisions of all of this Declaration by injunctive relief, on behalf of itself and all or part of the Owners. In addition, each Owner and the Association shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of this Declaration. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Directors but not to exceed one and one-half percent (1%2%) per month. After thirty (30) days' written notice to any Owner of a violation of this Declaration and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of up to One Hundred Dollars ($100.00) per day for every day the violation exists or continues after the expiration of said thirty (30) day period. 4. Limitations on Actions. In the event any construction, alteration or landscaping work is commenced upon any of the Lots in violation of this Declaration and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one (1) year limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. Declaration of Protective Covenants West Rimledge Subdivision Page 14 of 17 1111111 553276 10/05/1999 04:46P 81154 P49 M ALSDORF 19 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE IX. EASEMENTS AND OPEN SPACE 1. Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. The Association shall have no obligation to pay any amount for the use and enjoyment of such easements. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 2. Easements for Access and Repairs. The Association shall be entitled to an easement across any of the Lots within the Subdivision for the purposes of accessing any of the Association's property, protecting any Association property, making necessary repairs and investigating and responding to emergency circumstances. The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of this Declaration. ARTICLE X. INSURANCE 1. Types of Insurance. The Association may obtain and keep in full force and effect the following insurance coverage: a. Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. b. Coverage for members of the Board of Directors and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. c. General liability and property insurance. d. Coverage against such other risks of a similar or dissimilar nature as the Board of Directors deems appropriate. ARTICLE XL GENERAL PROVISIONS 1. Declaration to Run. All of the covenants, conditions and restrictions contained in this Declaration shall be a burden on the title to all of the lands in the Subdivision, the benefits thereof shall inure to the Owners, and the benefits and burdens of all said covenants, conditions and restrictions shall run with the title to all of the lands in the Subdivision. Declaration of Protective Covenants West Rimledge Subdivision Page 15 of 17 111111111111111111111111 111 1111111111111111111111111111 553276 10/05/1999 04:46P B1154 P50 M ALSDORF 20 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO 2. Termination of Declaration. In the event this Declaration has not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, this Declaration may be terminated on January 1, 2025, by a vote of seventy-five percent (75%) of the votes entitled to be cast by the Members of the Association at a meeting of the Members duly held. If this Declaration is not so terminated, then it shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, this Declaration is terminated by a vote of seventy-five (75%) of the votes entitled to be cast by the Members of the Association at a meeting of the Members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. 3. Amendment of Declaration. This Declaration may be amended by a vote of seventy-five percent (75%) of the votes entitled to be cast by the Members of the Association, said vote to be cast at a meeting of the Members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. 4. Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Declaration. 5. Paragraph Headings. The paragraph headings within this Declaration are for convenience only and shall not be construed to be a specific part of the terms hereof. 6. Limited Liability. The Association and the Board of Directors shall not be liable to any part for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board of Directors against loss resulting from such action or failure to act if the Association and the Board of Directors acted or failed to act in good faith and without malice. Declaration of Protective Covenants West Rimledge Subdivision Page 16 of 17 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P B1154 P51 N ALSDORF 21 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, this Declaration of Protective Covenants +r West Rimledge Subdivision has been executed as of the day and year first above �vritten. MICHAEL N. STATE OF COLORADO ) (N ) ss. COUNTY OF Jnr-c.(p(p� ) /i 1�. , /1 LENORE L. HAMMES e foregoing instrument was acknowledged and sworn to before me this 0 day of :‘,4 ICHAEL N. HAMMES and LENORE L. HAMMES. WitneS'i hand and\f i V al seal. 4t 'OW -,...) 8 Address: {'k1M ,4:T4 TE Of 0 My commission expi ` "4 c:lwp-docllg1hammes1...155.99 Declaration of Protective Covenants West Rimledge Subdivision otary Pub 818 Colorado Avenue Glenwood Springs, CO 81601 My Commission expires April 28, 2001 Page 17 of 17 1 111111 11111 111111 111111 111 1111111 11111 111 1111111111111 553275 10/05/1999 04:44P B1154 P27 M ALSDORF 1 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO DEED OF EASEMENT FOR EMERGENCY ACCESS Wooden Deer Homeowners Association, a corporation organized and existing under the laws of the State of Colorado, and Linda Vidal, as owner of Lot 4, Wooden Deer Subdivision, (collectively, "Grantors"), for and in consideration of the sum of Ten Dollars and 00/100ths (810.00) and other valuable consideration in hand paid by Michael N. Hammes and Lenore L. Hammes whose address is 5363 County Road 100, Carbondale, Colorado 81623, (collectively, "Grantees"), receipt of which is hereby acknowledged, has given and quitclaimed and by these presents does hereby quitclaim unto said Grantees, their heirs, successors and assigns, a perpetual, non-exclusive easement thirty (30) feet in width along, over and across the premises more particularly described on Exhibit A attached hereto and incorporated herein by this reference, subject to the following: 1. Purposes of Easement. The Easement granted hereby is for Emergency Fire Access/Egress and underground telephone line purposes (the "Emergency Access Easement"), to, from, and between West Rimledge Subdivision according to the Final Plat thereof recorded , 1999, as Reception No. 5'5'3 2 7 2 , and Wooden Deer Subdivision, according to the Final Plat thereof recorded December 7, 1992 as Reception No. 441908. The Emergency Access Easement granted hereby is expressly limited to only emergency fire or medical situations, and may be utilized by property owners within West Rimledge Subdivision seeking ingress or egress to West Rimledge Subdivision in an emergency fire or medical situation only; by property owners within Wooden Deer Subdivision seeking ingress or egress to Wooden Deer Subdivision in an emergency fire or medical situation only; or by emergency service personnel and their equipment seeking ingress or egress to either West Rimledge Subdivision or Wooden Deer Subdivision in a fire or medical emergency situation. No other traffic of any kind, including, but not limited to, equestrian, pedestrian, or vehicular traffic will be allowed or authorized along the Emergency Access Easement. In addition the Grantees may cause underground telephone lines providing service to West Rimledge Subdivision to be installed within the easement prior to construction of the roadway as provided in paragraph 2 hereof. 2. Construction ofRoadway. Grantees shall construct an approximately twelve (12) foot wide roadway within the Emergency Access Easement consisting of a minimum of six (6) inches in depth of three (3) inch road base material. Grantees shall keep and maintain that portion of the roadway within West Rimledge Subdivision clear of any obstacles which would block the roadway from use in fire or medical emergencies, and Grantor shall keep and maintain the roadway within Wooden Deer Subdivision clear of any obstacles which would block the roadway from use in fire or medical emergencies, all in accordance with request of the Carbondale & Rural Fire Protection District. Grantees shall construct a breakaway gate upon the roadway at approximately the boundary line between the West Rimledge Subdivision and the Wooden Deer Subdivision. In the event that the breakaway gate is ever broken down due to the emergency use of the easement, the parties hereto shall each pay one-half of the cost of reconstructing such breakaway gate. 3. Binding Effect; Covenants Running with the Land. This Deed of Easement and the rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, and shall be deemed Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Lawvrence R. Green Page 1 of 3 F.O. Drawer790 Glenwood Springs, CO 81002 1 111111 nisi 111111 111111 111 imiii 11111 111 11111 1111 ini 553275 10/05/1999 04:44P B1154 P28 M ALSDORF 2 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO to be a burden and benefit running with the West Rimledge Subdivision and the Wooden Deer Subdivision, respectively. It is specifically acknowledged and agreed that the Grantees may assign their rights and obligations under this Deed of Easement only to the homeowners association comprised of the owners of such Lots 1 - 4 within West Rimledge Subdivision. 4. Attorneys' Fees. In the event that either party hereto retains an attorney for the purpose of enforcing any right or duty arising out of this Deed of Easement, the non -prevailing party in such dispute shall pay the prevailing party the latter's reasonable attorneys' fees, whether or not litigation is actually instituted. 5. Signatures in Counterparts. This Deed of Easement may be executed in one or more counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. TO HAVE TO HOLD THE SAME, together with all and singular the appurtenances and privileges thereunto belonging, or any wise thereunto appertaining, and all the estate, right, title, interest and claim as set forth herein, whether in law or equity, in and to the Easement hereby granted to the only proper use, benefit and behoove of the said Grantees, their heirs, successors and assigns. day of ES��WHEREOF, Grantor has executed the within Deed of Easement this %i4 .�� , 1999. STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) WOODEN DEER HOMEOWNERS ASSOCIATION By: Christop L. Coyle, Pre The above and foregoing document was acknowledged before me this Ilfl~a`` day of e ,1999, by Christopher L. Coyle, as President ofWooden Deer Homeowners Associa,. .•'Witnesg': ny hand and official seal. -• ` N y.,commt sion expires: 818 Colorado Avenue Olenwoo3 Springs, CO 81801 My Commission expires May 1, 2001 Notary Public • Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Page 2 of 3 1111111111111111111111111111111111 lull 111 1111111111111 553275 10/05/1999 04:44P B1154 P29 M ALSDORF 3 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO Gla Linda Vidal STATE OF eotrbiz,ct(c) ) ) ss COUNTY OF O f\yS,e\a ) The above and foregoing document was acknowledged before me this t I— day of , 1999, by Linda Vidal, as owner of Lot 4, Wooden Deer Subdivision. 818 Colorado Avenue Witness my hand and official seal. Glenwood Springs, CO 81601 My Commission expires May 1, 2001 My, eonir�ission expires: c, lwp-docslLG\Haramesl ...138.99 Notary Public Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Page 3 of 3 NMI 11=1.0 p us 0 _a`-) — 1- 0)o —fLNms V �1 J mom Lu —m� EME gr GO EMI IMIM 0)G �m mmi N — m o EXHIBIT A DI 1 DE.SCRIFIIO i . A 30.00 VOc?T WIDE; STRIP OF LAND SITUATED IN TIM SWII4SWI/4 OF SECTION 24, TOWNSIIIP 7 SOUTH, RANGE 88 WEST OF THE SIXTIIPRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, CROSSING LOTS 4 ANI) 5 OF THE WOODEN DEER SUBDIVISION AS RECORDED IN RECEPTION NO. 441908 OF THE GARFIE.LD COUNTY CLERK AND RECORDER'S OFFICE; SAID EASE. lu LYING 15.00 FEET TO EACII SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: (ALL BEARINGS CONTAINED HEREIN ARE BASED ONA BEARING OF N 88°35'55" W BFTWEF.N THE SOUTHEAST CORNER OF SECTION 24,A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE AND .THE SOUTH QUARTER. CORNER C)F SAID SECTION 24, A ALUMINUM CAP L.S, #11204 IN PLACE) COMMENCING AT TIIE SOUTH QUARTER CORNER OF SMD SECTION 24, A ALUMINUM CAP L.S. 411204 IN PLACE; THENCE N 58°''.x'34" W 1560.97 FEET TO THF. POINT OF 1N'i'ERSEC'IION OF. THE WESTERLY BOUNDARY OF WEST R1ML1 DGE SUBDIVISION AND THE CENTERLINE OF THE 30' u • GENCY ACCESS EASEMENT CROSSING WEST RIMLEDGE SUBDIVISION, THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY 1,I NE, AND CROSSING THE EMERGENCY FIRE ACCESS/ EGRESS EASEMENT SHOWN ON THE PLAT OF WOODEN DEER SUBDIVISION ALONG TFIE CENTERLINE OF SAI) EASE. a T ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 55.00FEET AND A CENTRAL. ANGLE OF 36°5315`, A DISTANCE OF 35.41 FEET (CHORD BEARS 5 24°1119° W34.80 FEET); THENCE CONTINUING ALONG SAID CENTF.RLTNE S 05°44'4r W132 TO A POINT ON TETE CENTERLTNF. OF SAID EMERGENCY FIRE ACCESS /EGRESS EASEMENT SIIOWN ON THE: PLAT OF WOODEN DEER SUBDIVISION THENCE ALONG THE CENTF.RI.1NIs OF SAID EMERGENCY FIRE ACCESS / EGRESS EAS a r AND CONI 1N UING ALONG SAID CENTERLINE THE FOLLOWER1 FOUR (4) COURSES: 1. ALONG THE, ARC OF A CURVE TO THE RIGID' HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 67°51'24", A DISTANCE OF 142.12 FEET (CHORD BEARS 5 35°50'06° W 13196 FEET) 2. 5 69°45'49" W 98.79 FEET • 3. ALONG THE ARC OF A CURVE TO THE LEFTHAVING A RADIUS Or 215.00 FEEL: AND A CENTRAL ANGLE OF 14`35'52",A DISTANCE OF 54.78 FEET (CHORD BEARS S 62°2T53` W 54.63 FEET) 4. S 55°09'57" W 78.63 FEET TO A POINT ONTO CENTERLINE. OF WOODEN Dag. ROAD, THE TERMINUS, WHENCE THE SOUTH QUARTER CO pumussulli%OF SAID SECTION 24 AFARS 5 70°41'56" E 1725.46FEET.0 AF61Set.j • 19598 :c�':'�. :7535 . rets 923 COOPER AVENUE • GLENW000 SPRIT, COLORADO 81 501 TaiephrzE, ;970/ 945-8676 • Fax (9701945-2555 EXHIBIT C DEED OF EASEMENT FOR EMERGENCY ACCESS Wooden Deer Homeowners Association, a corporation organized and existing under the laws of the State of Colorado, Robert C. Ball and William J. Ball, as owners of Lot 5, Wooden Deer Subdivision, (collectively, "Grantors"), for and in consideration of the sum of Ten Dollars and 00/100ths ($10.00) and other valuable consideration in hand paid by Michael N. Hammes and Lenore L. Hammes whose address is 5363 County Road 100, Carbondale, Colorado 81623, (collectively, "Grantees"), receipt of which is hereby acknowledged, has given and quitclaimed and by these presents does hereby quitclaim unto said Grantees, their heirs, successors and assigns, a perpetual, non-exclusive easement thirty (30) feet in width along, over and across the premises more particularly described on Exhibit A attached hereto and incorporated herein by this reference, subject to the following: 1. Purposes of Easement. The Easement granted hereby is for Emergency Fire AccesslEgress and underground telephone line purposes (the "Emergency Access Easement"), to, from, and between West Rimledge Subdivision according to the Final Plat thereof recorded �G a �jPr , 1999, as Reception No. 55 3x'3' Z. , and Wooden Deer Subdivision, according to the Final Plat thereof recorded December 7, 1992 as Reception No. 441908. The Emergency Access Easement granted hereby is expressly limited to only emergency fire or medical situations, and may be utilized by property owners within West Rimledge Subdivision seeking ingress or egress to West Rimledge Subdivision in an emergency fire or medical situation only; by property owners within Wooden Deer Subdivision seeking ingress or egress to Wooden Deer Subdivision in an emergency fire or medical situation only; or by emergency service personnel and their equipment seeking ingress or egress to either West Rimledge Subdivision or Wooden Deer Subdivision in a fire or medical emergency situation. No other traffic of any kind, including, but not limited to, equestrian, pedestrian, or vehicular traffic will be allowed or authorized along the Emergency Access Easement. In addition the Grantees may cause underground telephone lines providing service to West Rimledge Subdivision to be installed within the easement prior to construction of the roadway as provided in paragraph 2 hereof. 2. Construction of Roadway. Grantees shall construct an approximately twelve (12) foot wide roadway within the Emergency Access Easement consisting of a minimum of six (6) inches in depth of three (3) inch road base material. Grantees shall keep and maintain that portion of the roadway within West Rimledge Subdivision clear of any obstacles which would block the roadway from use in fire or medical emergencies, and Grantor shall keep and maintain the roadway within Wooden Deer Subdivision clear of any obstacles which would block the roadway from use in fire or medical emergencies, all in accordance with request of the Carbondale & Rural Fire Protection District. Grantees shall construct a breakaway gate upon the roadway at approximately the boundary line between the West Rimledge Subdivision and the Wooden Deer Subdivision. In the event that the breakaway gate is ever broken down due to the emergency use of the easement, the parties hereto shall each pay one-half of the cost of reconstructing such breakaway gate. 3. Binding Effect; Covenants Running with the Land. This Deed of Easement and the rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Lawrence R. Green Page 1 of 3 1 111111 11111 111111 111111 111 1111111 11111 111 1111111111111 P.O. 790 Drawer, CO sum 553274 10/05/1999 04:40P B1154 P22 M ALSDORF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO 1 111111 11111 111111 111111 111 1111111 11111 111 11111 1111 1111 553274 10/05/1999 04:40P B1154 P23 M ALSDORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO hereto, their respective heirs, personal representatives, successors and assigns, and shall be deemed to be a burden and benefit running with the West Rimledge Subdivision and the Wooden Deer Subdivision, respectively. It is specifically acknowledged and agreed that the Grantees may assign their rights and obligations under this Deed of Easement only to the homeowners association comprised of the owners of such Lots 1 - 4 within West Rimledge Subdivision. 4. Attorneys' Fees. In the event that either party hereto retains an attorney for the purpose of enforcing any right or duty arising out of this Deed of Easement, the non -prevailing party in such dispute shall pay the prevailing party the latter's reasonable attorneys' fees, whether or not litigation is actually instituted. 5. Signatures in Counterparts. This Deed of Easement maybe executed in one or more counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. TO HAVE TO HOLD THE SAME, together with all and singular the appurtenances and privileges thereunto belonging, or any wise thereunto appertaining, and all the estate, right, title, interest and claim as set forth herein, whether in law or equity, in and to the Easement hereby granted to the only proper use, benefit and behoove of the said Grantees, their heirs, successors and assigns. IN WITNESS WHEREOF, Grantor has executed the within Deed of Easement this 9 day of Se,) -1.-e ink P , 1999. WOODEN DEER HOMEOWNERS ASSOCIATION By: STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) Christopher L. le, Presiden The above and foregoing document was acknowledged before me this C. day of , 1999, by Christopher L. Coyle, as President of Wooden Deer Homeowners Association. ' ,i, tress'iny hand and official seal. ,‘,2,\ .. : 818 ^Q9(r,' r, A,a-Ue f iGlenwcG •..> ! inc, '.:0 81601 601 cq yisun expires: .• GFu PUpi,1C' cJ ti Deectof, ee )r mergency Access Wooden, m., orrieowners Association/Hammes Notary Public Page 2 of 4 uiWi 11111 111111 111111 111 1111111 11111 111 11111 1111 1111 553274 10/05/1999 04:40P B1154 P24 M ALSDORF 3 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO STATE OF Iliad f 0T/c ) ss COUNTY OF /UPSSPJLt Robert C. Ball Si( kJcttm.eT44ZL illiam J. Bali The above and foregoing document was acknowledged before me this j day of s cPTr� bere._ , 1999, by Robert C. Ball, as owner of Lot 5, Wooden Deer Subdivision. MAUREEN PRUNTY Witness my hand and official seal. NOTARY PUBLIC, State of Nevi Yae9. No. 414746820 Qualified in Nassau County �� My commission expires: Commission Expires February Aar STATE OF COUNTY OF ) ss 07 Notary Public The above and foregoing document was acknowledged before me this day of , 1999, by William J. Ball, as owner of Lot 5, Wooden Deer Subdivision. Witness my hand and official seal. My commission expires: Notary Public Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Page 3 of 4 1111111 11111 111111111111 ill 111111111111 Ill 11111 11111111 553274 10/05/1999 04:40P B1154 P25 M ALSDORF 4 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO Charles A. Vidal REAL ESTATE AFFILIATES, INC. By: President STATE OF ) ) ss COUNTY OF ) The above and foregoing document was acknowledged before me this day of , 1999, by Charles A. Vidal, as co-owner of Lot 4, Wooden Deer Subdivision. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) ss COUNTY OF ) The above and foregoing document was acknowledged before me this day of , 1999, by , President of Real Estate Affiliates, Inc., as co-owner of Lot 4, Wooden Deer Subdivision. Witness my hand and official seal. My commission expires: c 1wp-docs5LG\Hammes1 ...138.99 Notary Public Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Page 4 of 4 EXHIBIT A IN I • 1111111111111111111111111111111111111111111 553274 10/05/1999 04:40P B1154 P26 M ALSDORF 5 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO DESCI&IION . A 30.00 FOOT WIDE STRIP OF LAND SITUATED IN 111E SWI14S W 114 OF SECTION 24, TOWNSIIIP 7 SOUTH, RANGE 88 WEST OF THE SIXTHPRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE CW COLORADO, CROSSING LOTS 4 ANL) 5 OF WE WOODEN DEER. SUBDIVISION AS RECORDED IN RECEPTION NO. 441908 OF THE GARFIEI.D COUNTY CLERK AND RECORDER'S OFFICE; SAID EASE. la r LYING 15.00 FEET TO EACII SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: (ALL BEARINGS CONTAINED HEREIN ARF. BASED ONA BEARING OF N 88°35'55" W BETWF.F.N THE SOUTHEAST CORNER OF SECTION 24,A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE AND TIIE SOUTH QUARTER. CORNER OF SAID SUCTION 24, A ALUMINUM CAP L.S. 411204 IN PLACE) COMMENCING AT THE SOUTII QUARTER CORNER OF SAID SECTION 24, A ALUMINUM CAP L.S. 411204 IN PLACE; THENCE N 58°1514* W 1560.97 FEET TO THF POINT OP INI`1:RSI+CI1ON OF THE WESTERLY BOUNDARY OF WEST RIMLEDGE SUI3DIVISION AND THE CENTERLINE OF TILL 30' EMERGENCY ACCESS EASFALTNIT CROSSING WEST RIMLEDGE SUBDIVISION, THE POD l' OF BEGINNING;111ENCE .LEAVING SAID WESTERLY LINE, AND CROSSING THE EMERGENCY FIRE ACCESS / EGRESS EASEMENT SHOWN ON THE PLAT OF WOODEN DEER SUBDIVISION ALONG THE CENTERLINE OF SAID EASEMENT ALONG THE ARC OF A CURVE TO 1I -IE LEFT HAVING A RADIUS OF 55.00 FEET AND A CENTRAL ANGLE OF 36°53'15', A DISTANCE OF 35.41 FEET (CHORD BEARS 5 24°111r W34.80 FEET); THENCE CONTINUING ALONG SAID CENTERLINE 5 05044142* W 2.32 FEET 'ID A POINT ON TE IE CENTERLINE OF SAID EMLitGENCY FIRE 4CCFS5 /EGRESS F.ASEMENT SIIOWN ON THU PLAT OF WOODEN DEER SUBDIV1SIO N THENCE ALONG THE CENTERLINE OF SAID C.MIiRGLNCY FIRE ACCESS 1 EGRESS EAS a M f AND CONTINUING ALONG SAID CENTERLINE THE FOLLOWIN FOUR (4) COURSES: 1. ALONG THE ARC OF A CURVE TO THE SIGIrr HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE 0F6751'24", A DISTANCE OF 142.12 FEET (CHORD BEARS 5 35°50'06" W 133.96 E I ) 2. S 69°45'49" W 98.79 FEET • 3. ALONG THE ARC OF A CURVE TO THE IEFTHAVING A RADIUS OF 215.00 FEET AND A CENTRAL ANGLE OF 1415'52", A DISTANCE OF 54.78 FEET (CHORD 13 LIARS S 62°2753" W54.63 FEET) 4. S 55°09'57' W 78.63 FEET TO A POINT ONTHE CENTERLINE OF WOODEN DEER ROAD,111I? T13RMINUS, WHENCE THE SOUTH QUARTER CO OF. SAID SECTION 24 AF.ARS S 70°41'56" E 1725.46 FEET. 923 COOPER AVENUE • GLENW000 SPRINGS, COLORADOI31601 T2Lophnnc ;970] 945-8676 • Fax (970) 945-2555 lulWW0yp 1111111111111111111111111111111111111111111111111111111 553271 10/05/1999 04:28P B1154 P1 M ALSDORF 1 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO SUBDIVISION IMPROVEMENTS AGREEMENT WEST RIMLEDGE SUBDIVISION THIS AGREEMENT is made and entered into this 12th day of July, 1999, by and between MICHAEL N. HAMMES and LENORE L. HAMMES, (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, approval for the preliminary plan for the West Rimledge Subdivision (formerly known as the Hammes Subdivision) was obtained under the terms and conditions set forth in Resolution No. 98-35; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for West Rimledge Subdivision (hereinafter "Final Plat") for the property described on Exhibit A attached hereto and incorporated herein; WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance of this agreement, and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinafter. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this agreement, as well as the terms and conditions of the Preliminary Plan approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements related to West Rimledge Subdivision which are required to be constructed by this Agreement, the Final Plat and all applicable Garfield County Zoning and Subdivision Regulations. Those improvements shall be completed on or before July 12, 2000. Additionally, the Owner shall comply with the following: a. all plat documents submitted prior to or at the time of the Final Plat approval, which are incorporated herein by reference, and made a part of this agreement; 111111111111111111111111111111111111111 III 11111 1111 1111 553271 10/05/1999 04:28P B1154 P2 M ALSDORF 2 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO b. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and c. all designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities. d. the improvements to be constructed by the Owner shall include, but are not limited to the following: i. internal roads, pedestrian ways, drainage features and utility structures, in accordance with the plans and specifications therefor contained in the Final Plat. ii. reconstruction of the access road across property owned by Kristin Lawrence to the east of the Subdivision as provided in the Agreement to Relocate Roadway between Owner and Kristin Lawrence dated July 12, 1999. iii. emergency access roadway across Lot 1 of the Subdivision to connect with Wooden Deer emergency access as provided in the Agreement for Emergency Access Easement between Owner and Wooden Deer Homeowners Association dated July 12, 1999. iv. revegetation in accordance with plans contained in the Final Plat documents. The County agrees that if all improvements are installed in accordance with this agreement, Final Plat documents, and the as -built drawings to be submitted upon completion of the improvements, the requirements of the Garfield County Zoning Code, all other requirements of this agreement and the requirements of the Preliminary Plan, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 3. SECURITY FOR IMPROVEMENTS. a. Letter of Credit. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, the Owner shall deliver a Letter of Credit in a form acceptable to the County in the amount of $106,000.00 which is the estimated cost of completion of the subdivision improvements related to West Rimledge Subdivision as set forth and certified by a licensed engineer on Exhibit B attached hereto. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. If the institution issuing the Letter of Credit is not licensed in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of C.R.S. 4-5-106(2) by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable Subdivision Improvements Agreement Page 2 1111111 11111 1111111111111111111111 11111 111 1111111111111 553271 10/05/1999 04:28P 81154 P3 M ALSDORF 3 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein, provided, however, that an amount of security adequate to guarantee the survival of plantings shall remain in effect for two (2) years from date hereof. If the time for completion of improvements is extended by a written agreement to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, this Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the terms of this Agreement. b. Partial Releases of Letter of Credit. The County shall release portions of the Letter of Credit as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion of improvements by the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. If no letter of potential deficiency is furnished within said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are Subdivision Improvements Agreement Page 3 1111111 III 1111111 11111 III 11111 11111111 553271 10/05/1999 04:28P B1154 P4 M ALSDORF 4 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. c. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. d. Recording of Final Plat. No Final Plat shall be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 4. DOMESTIC WATER. No later than thirty (30) days from the date hereof the Owner shall assign to the West Rimledge Homeowners Association Well Permit Nos. 49664-F, 49665-F, and 49666-F and Basalt Water Conservancy District Allotment Contract No. 299 which will provide domestic water service to the dwelling units approved in the Final Plat. 5. ROADS. All streets and roads within the Final Plat shall be dedicated as perpetual, non-exclusive access easements and rights-of-way for the use and benefit of the public subject to the right of appropriate public utility companies and the Association to utilize said streets and roads as utility, irrigation and drainage easements. The Association shall be solely responsible for the maintenance, repair and upkeep of all such roads. The County shall not be obligated to maintain any roads within the Subdivision. 6. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to Sue and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rights under this paragraph. Nothing herein stated shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 7. SCHOOL IMPACT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 3 new single family lots for a total of 3 new dwelling units. The parties agree that school impact fees shall be determined to be $200.00 per dwelling unit. The Owner specifically agrees that it is obligated to pay the same, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay school impact fees. The Owner agrees Subdivision Improvements Agreement Page 4 1111111 11111 111111 111111 iii 1111111 11111 111 11111 1111 1111 553271 10/05/1999 04:28P B1154 P5 M ALSDORF 5 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO that subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. 8. ROAD IMPACT FEE. The Owner shall pay Garfield County Road Impact Fee in the amount of $ for each of the 3 new lots created by the Final Plat in accordance with Garfield County Resolution No. 9. ADDITIONAL REQUIREMENTS. In addition to other matters set forth in the within Subdivision Improvements Agreement, Owner shall perform the following obligations: a. Owner shall fully satisfy all obligations required of Owner in the Water Use Agreement between themselves and Jean and Dee Blue dated December 30, 1998. b. Owner shall pay to the Wooden Deer Homeowners Association the sum of $6,666.66 upon the initial sale of each of Lots 1, 3, and 4 of the Subdivision as provided in the Agreement for Emergency Access Easement between Owner and Wooden Deer Homeowners Association dated July 12, 1999. c. Owner shall pay to the Rimledge Road Maintenance Association the sum of $6,666.66 upon the initial sale of each of Lots 1, 3, and 4 of the Subdivision as provided in paragraph 28(c) of Resolution No. 98-35. d. Owner shall pay to the Carbondale and Rural Fire Protection District the sum of $2,000.00 upon the initial sale of each of Lots 1, 3, and 4 of the Subdivision as required by paragraph 20 of Resolution No. 98-35. 10. SALE OF LOTS. No lots within the Whitecloud Ridge Subdivision shall be conveyed prior to recording of the Final Plat. 11. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this agreement, the County may withhold issuance of building permits for any structure within the Subdivision. The parties agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Subdivision until all subdivision improvements have been completed and are operational, as required by this agreement. 12. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the Subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this agreement. Subdivision Improvements Agreement Page 5 1111111 11111 111111 111111 111 1111111 11111 111 11111 1111 1111 553271 10/05/1999 04:28P B1154 P6 M ALSDORF 6 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO 13. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this agreement, including the terms of the Preliminary Plan approval, the County shall have the ability to vacate the final plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued, shall not be vacated and the plat as to those lots shall remain valid. The Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 14. BINDING EFFECT. This agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 15. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 16. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. 17. AMENDMENT. The parties hereto mutually agree that this agreement may be amended from time to time, provided such amendment in writing and signed by the parties hereto. 18. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, Co 81601 Michael N. and Lenore L. Hammes 5363 County Road 100 Carbondale, CO 81623 with copy to: Lawrence R. Green Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Subdivision Improvements Agreement Page 6 11111111111111111111111111111111111011111111111111111 553271 10/05/1999 04:28P B1154 P7 M ALSRF 7 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO ENTERED INTO the day and year first above writtet7: ATTEST: Clerk to the Board r) c:1wp-docs11..Gasnm s4.. .155.997•--, • OARD OF CO 0 ARFIELD By 7-42-9y TY COMMISSIONERS OUNTY, COLORADO Subdivision Improvements Agreement Page 7 EXHIBIT 13 May 21, 1999 WEST RIMLEDGE SUBDIVISION SUMMARY OF PROBABLE CONSTRUCTION COST FOR PUBLIC IMPROVEMENT HCE JOB NO: 97046.01 k logrno.1.,fikl975970.40.91414.5cat wI, UNIT ITEM UANTITY COST COST Grading a n,d Earthwork } Mobilization 1 L.S. 5,000.00 00 Earthwork 5,000.00 Rock Excavation 1 L.S. 25,000.00 25,000.00 200 C.Y. 25.00 5,000.00 6" Class 6 ABC 900 C.Y. 6" Class 6 ABC (Offsite New Const.) 260 C.Y. 18.00 16,200.00 18.00 4,680.00 PiftsVS.POillgaid mprovemeli Class 6 ABC 75 S.Y. Ditch Improvements 1 L.S. Storm ams 18" SADS N-12 18" Flared End Shallow'; Utili hes ' 3' Utility Trench Telephone Utility Miscellaneousuy Revegetate/Landscape 1 L.S. 3,000.00 Class I Ground Sign 3,000.00 1 Each 200.00 200.00 Surveying/Construction Staking 1 L.S. 10,000.00 10,000.00 Erosion and Sediment Control 1 L.S. 1,500.00 1,500.00 60 Each 4 Each 2200 L.F. 2200 L.F. 18.00 500.00 25.00 150.00 1,350.00 500.00 1,500.00 600.00 3.50 7,700.00 4.50 9,900.00 15 % Contingency SUB TOTAL 592,130.00 $13,819.50 TOTAL 5105,949.50 This summary of probable construction cost was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. 111111111111111111111111 111 1IIIIJ 11111111 1111111111111 553271 10/05/1999 04:28P B1154 P8 M ALSDORF 8 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO 1:0;3banko 918 Seventeenth Street Denver, CO 80202 AUGUST 31, 1999 111111111111111111111111111111111111111011111111111111 553271 10/05/1999 04:28P 81154 P9 M ALSDORF 9 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO IRREVOCABLE STANDBY LETTER OF CREDIT LETTER OF CREDIT NUMBER: SLCDDEN00350 DOLLAR AMOUNT: USD 106,000.00 (ONE HUNDRED SIX THOUSAND AND NO/100 U.S. DOLLARS) EXPIRATION DATE: JULY 12, 2000 AT OUR COUNTERS APPLICANT: MICHAEL N. HAMMES AND LENORE L. HAMMES BENEFICIARY: GARFIELD COUNTY, COLORADO WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLCDDEN00350 IN FAVOR OF GARFIELD COUNTY, COLORADO, OR ITS DESIGNEES, AVAILABLE BY YOUR DRAFTS DRAWN ON U.S. BANK NATIONAL ASSOCIATION, 918 17TH STREET, DENVER, CO 80202, AT SIGHT, FOR ANY SUM, NOT EXCEEDING IN TOTAL USD 106,000.00 (ONE HUNDRED SIX THOUSAND AND NO/100 U.S. DOLLARS). THIS LETTER OF CREDIT IS FOR THE PURPOSE OF GUARANTEEING CONSTRUCTION OF SUBDIVISION IMPROVEMENTS REQUIRED BY GARFIELD COUNTY, COLORADO, PURSUANT TO THAT SUBDIVISION IMPROVEMENTS AGREEMENT DATED JULY 12, 1999, BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, AND MICHAEL N. HAMMES AND LENORE L. HAMMES (COLLECTIVELY, "HAMMES"), RELATIVE TO WEST RIMLEDGE SUBDIVISON, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A AND MADE A PART HEREOF (HEREINAFTER SIA), AND PURSUANT TO THE CONSTRUCTION COST ESTIMATE FOR WEST RIMLEDGE SUBDIVISION PREPARED BY HIGH COUNTRY ENGINEERING, INC., WHICH CONSTRUCTION COST ESTIMATE IS ATTACHED TO THE SIA. THIS LETTER OF CREDIT MAY BE REDUCED PERIODICALLY IN SUCH AMOUNT AS MAY BE APPROVED IN WRITING BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY EQUAL TO AMOUNTS PAID BY HAMMES TO THE GENERAL CONTRACTOR FOR WORK PERFORMED ON THE SUBDIVISION IMPROVEMENTS WHICH ARE THE SUBJECT OF THE SIA. DRAFTS MUST BE ACCOMPANIED BY THE FOLLOWING: 1. A SIGNED STATEMENT OF AN AUTHORIZED REPRESENTATIVE OF GARFIELD COUNTY STATING THAT IS HAS INVOICED HAMMES AND THE INVOICES ARE THIRTY (30) DAYS PAST DUE AND HAVE NOT BEEN PAID, OR A STATEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF GARFIELD COUNTY, STATING UNDER OATH THAT THE SUBDIVISION IMPROVEMENTS REQUIRED BY THE COUNTY PURSUANT TO THE SIA HAVE NOT BEEN COMPLETED AND HAMIVIES IS IN DEFAULT UNDER THE SIA. 2. PHOTOCOPY OF UNPAID INVOICE(S), IF APPLICABLE. GARFIELD, DOC mbank. 1111111111111111111111111111111111111111111111111111111 553271 10/05/1999 04:28P B1154 P10 M ALSDORF 10 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO PARTIAL DRAWINGS ARE PERMITTED. EACH DRAFT MUST BEAR ON ITS FACE THE CLAUSE "DRAWN UNDER LETTER OF CREDIT NO. SLCDDEN00350 DATED AUGUST 31, 1999 OF U.S. BANK NATIONAL ASSOCIATION." DRAWINGS PURSUANT TO THIS LETTER OF CREDIT ARE TO BE USED BY GARFIELD COUNTY OR ITS AGENTS, ASSIGNS, OR DESIGNEES, ON BEHALF OF HAMMES, TO COMPLETE THE SUBDIVISION IMPROVEMENTS WHICH ARE THE SUBJECT OF THE SIA, EITHER IN ACCORDANCE WITH THE ORIGINAL PLANS AND SPECIFICATIONS THEREFOR, OR AS THEY MAY BE MODIFIED BY GARFIELD COUNTY. GARFIELD COUNTY SHALL ACT AS THE ATTORNEY-IN-FACT OF HAMMES IN COMPLETING SUCH IMPROVEMENTS. EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1994 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500." WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED [F PRESENTED TO OUR OFFICE LOCATED AT 918 17TH STREET, DENVER, COLORADO 80202, ON OR BEFORE THE CLOSE OF BUSINESS ON THE DATE OF EXPIRATION. REGARDS, U.S. BANK NATIONAL ASSOCIATION AUT 0 I/f Vaelt_ SIGNATURE GARFIELD.DOC L1 /UJitiU .44;uu 1 4 V U I U 04.0 :) f U:J LAl\i\a awl\L 1:1� EXAUBIT A .SVBDWISION IMPROVEMENTS AGREEMENT WEST RIMLEDGE SUBDIVISION THIS AGREEMENT is made and entered into this 12th day ofluly, 1999, by and between MICHAEL N. IIAlvIlYI;ES and LENORE L. HAMMES, (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, approval for the preliminaryplan for the West Rimledge Subdivision (formerly known as the Hammes Subdivision) was obtained under the terms and conditions set forth in Resolution No. 98-35; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for West- Rirnledge Subdivision (hereinafter';Final Plat") for the property described on Exhibit A attached hereto and incorporated herein; WHEREAS, as a condition of approval of the Final Plat and as required by .the laws ofthe State of Colorado, the Owner, wishesto enter into this Subdivision Improvements Agreement with the County; and. .. . WHEREAS, Owner bas agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance of this agreement, and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinafter. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. . FINAL PLAT .A P ROYAL. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this agreement, as -wen as the terms and conditions ofthe Preliminary Plan approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2, OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause • to be constructed and installed, at its owa expense, those improvements related to West Riinledge Subdivision which are required to be constructed by this Agreement, the Final Plat and all applicable Garfield. County Zoning and Subdiyision Regulations. Those improvements shall be completed on or before July 12, 2000. Additionally, thepwner shall comply with the following: a. all plat documents submitted prior to or at the time ofthe Final Plat approval, which are incorporated herein by reference, and made a part of this agreement; 1 411111 11111 111111 111111 1111141111 14111 111 111111 1114111 113of1180R00.008D 0.008GARFIELDPCOUNTYLCOORf uo/U3/b cc:uu •. I v yzu uruu uniii niinuiii nmuu iiiiiii iinuu 0101111101 553271 10/05/1999 04:28P B1154 P12 11 ALSDORF 12 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO b. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and c. all designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated govenimental entities. d. the improvements to be constacted by the Owner shall include, but are not limited to the following: i. internal roads, pedestrian ways, drainage features and utility structures, in accordance with the plans and specifications therefor contained in the Final Plat, ii. reconstruction of the access road across property owned by Kristin Lawrence to the east of the Subdivision as provided in the Agreement to Relocate Roadway between Owner and Kxistin Lawrence dated July 12, 199.9. iii. emergency access roadway across Lot 1 of the Subdivision to connect with Wooden Deer emergency access as provided in the Agreement for Emergency Access Easement between Owner and Wooden Doerforneawners Association dated July 12, 1999. iv. revegetation in accordance with plans contained in the Final Plat documents. The County agrees that if all improvements are installed in accordance with this agreement, Final Plat documents, and the as -built drawings to be submitted upon completion of the improvements, the requirements of the Garfield County Zoning Code, all other requirements of this agreement .and the requirements of the Preliminary Plan, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. .14 3. SECURITY FOR IMPROVEMENTS. a. Letter of Credit. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, the Owner shall deliver a Letter of Credit in a form acceptable to the County in the amount of $106,000.00 which is the estimated cost of completion of the subdivision improvements related to West Rimledge Subdivision as set forth and certified by a licensed engineer on Exhibit B attached hereto. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. If the institution issuing the Letter of Credit is not licensed in the State o f Colorado'and transacting b isiness in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of C.R.S. 4-5-106(2) by a bank that is Iicensed. to do business in the State of Colorado, doing business in the State of Colorado, and acceptable Subdivision tmprovenicpn Agreement Pap un/usi a:r 2.4.U1 41.471V U Jl ua 111111111111111111111111111111111111111 111 1111111111111 553271 10/05/1999 04:28P B1154 P13 M AL5D0 13 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein, provided, however, that an amount of security adequate to guarantee the survival of plantings shall remain in effect for two (2) years from date hereof. If the time for completion of improvements is extended by awritten agreement to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, ,should the Letter of Credit become void or unenforceable for any reason, including th4 bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, this Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the terms of this Agreement. b. Pastia eleases o (Letter of Credit. The County shall release portions of the Letter of Credit as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion offhe security upon proof (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion ofimprovements by the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. Ifno letter ofpotential deficiency is furnished within said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County' shall release the appropriate amount of security as it relates to the improvements which were certified as complete. Ifa letter of potential deficiencies is issued which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient i a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the Ietter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are Subdivision Impmvnrsnts Agreement Page 3 06/U3/uu . :uz viva 1 111111 11111 111111 111111 iii 1111111 11111 111 111111 111 1111 553271 10/05/1999 04:28P B1154 P14 M ALSDORF 14 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO acceptable, then appropriate security shall be released to the Ownerwithin ten(° 0) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall snake a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requestingpayment from the Letter of Credit. c. Substitution of Latter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit ,acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. d. Recording of_Fina1 Plat. No Final Plat shall be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 4. DOMESTIC WATER No later than thirty (30) .days from the date hereof the Owner shall assign to the West Rimledge Homeowners Association Well Permit Nos. 49664-F, 49665-F, and 49666-F and Basalt Water Conservancy District Allotment Contract No. 299 which will provide domestic water service to the dwelling units approved in the Final Plat 5. ROADS. All streets and roads within the Final Plat shall be dedicated as perpetual, non-exclusive access casements and nights -of -way for the use and benefit of the public subject to the right of appropriate public utility companies and the Association to utilize said streets and roads as utility, irrigation and drainage easements. The Association shall be solely responsible for the maintenance, repair and upkeep of all such roads. The County shall not be obligated to maintain any roads within the Subdivision. 6. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to Sue and shall afford•the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rigbdsunder this paragraph. Nothing herein stated shall be interpreted 10 require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 7. SCHOOL IMPACT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 3 new single family lots for a total of 3 new dwc .!ing units. The parties agree that school impact fees st all be determined to be $200.00 per dwelling unit. The Owner specifically agrees that it is obligated to, pay the same, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay school impact fees. The Owner agrees Subdivisfan Improvements Ageemens Page 4 0i/Ud/1 J zz:ua y-U!U vAla 7,,u7 I.t IU 1 Ul11.E4' •ei 1111111111111111111111111111111111111111111111111111111 553271 10/05/1999 04:28P 81154 P15 M ALSDORF 15 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO that subsequent to recording of the Final. Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. 8. ROAD IMPACT FEE. The Owner shall pay Garfield County Road Impact Fee in the amount of $ for each of the 3 new lots created by the Final Plat in accordance with Garfield County Resolution No, 9. ADDITIONAL REQUIREMENTS. In addition to other matters set forth in the within Subdivision Improvements Agreement, Owner shall perform the following obligations: a. Owner shall fully satisfy all obligations required of Owner in the Water Use Agreement between themselves and Jean and Dee Blue dated December 30, 1998. b. Owner shall pay to the Wooden Deer Homeowners Association the sum of $6,666.66 upon the initial sale of each of Lots 1, 3, and 4 of the Subdivision as provided in the Agreement for Emergency Access Easement between Owner and Wooden Deer - Homeowners Association dated July 12, 1999. c. Owner shall pay to the Rimledge Road Maintenance Association the sum of $6,666.66 upon the initial sale of each of Lots 1, 3, and 4 of the Subdivision as provided in paragraph 28(c) ofResolution No. 98-35. d. Owner shall pay to the Carbondale and Rural Fire Protection District the sum of $2,000.00 upon the initial sale of each of Lots 1, 3, and 4 of the Subdivision as required by paragraph 20 ofResolution No. 98-35. 10. SALE OF LOTS. No lots within the Whitecloud Ridge Subdivision shall be conveyed prior to recording of the Final Plat. 11. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this agreement, the County may withhold issuance of building permits for any structure within the Subdivision. The parties agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Subdivision until all subdivision improvements have been completed and are operational, as required by this agreement. 12. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the Subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this agreement. Subdivision Impravemenm Agrcenent Pigs S UtI/11:1/YJ`1 ZZ:U4 •u u / U :J4a :7 1 U :1 LH1t111 U1�iLlti 111111111111111111111111111 1111111 11111 111 1111111111111 553271 10/05/1999 04:28P B1154 P16 M ALSDORF 16 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO • 13. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this agreement, including the terms of the' Preliminary Plan approval, the County shall have the ability to vacate the final plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued, shall not be vacated and the plat as to those lots shall remain valid. The .Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 14. BINDING EFJ'1 CT- This agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. • 15. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 16. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. 17. AMENDMENT. The parties hereto mutually agree that this agreement.may be amended from time to time, provided such amendment in writing and signed by the parties hereto. 18. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, Co 81601 Michael N. and Lenore L. Hammes 5363 County Road 100 Carbondale, CO 81623 with copy to: Lawrence R. Green • Balcomb & Green, P.C. P.Q. Drawer 790 Glenwood Springs, CO 81602 Subdivision Imptovemenv Agreement Page 6 ITUi/t)5 ZL:V4 LT�ly 54v y�o5 • 111111111111111111111111 111 1111111 11111 111111111 III 1111 553271 10/05/1999 04:28P B1154 P17 M ALSDORF of 18 R 0.00 D 0.00 GARFIELD COUNTY CO t.nnni taALLI, ENTERED INTO the day and year first above writtelz ATTEST: Clerk to the Board eart.deseALCkiturance... 359 99 BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Subdivision Improvements Agreement Page 7 Chairman WEST .RIMLEDGE SUBDIVISION SUMMARY OF PROBABLE CONSTRUCTION COST POR PUBLIC IMPROVEMENT May 21, 1999 HCE JOB NO: 97046.01 ITEM inqp..1.4111,11•10owaltsagimetz UNIT OUANTITY COST COST �GriiigZnd;�arih'wor1 Mobilization Earthwork Rock Excavation 6" Class 6 ABC 6' Class 6 ABC (Offsite New Const.) ;OffsiglE717 nry 1 mlvriovernatsls Class 6 ABC Ditch improvements cStDrm.;Agrrntsy 4 art„„ +r'r'� Tt q 18" ADS N-12 18' Flared End Shallo vlhi1 testi / , 3' Utility Trench Telephone Utility ;e.a r., tee eti ' :7 /tea.; r: ;, Revege tate/Landscape Class 1 Ground Sign Surveying/Construction Staking Erosion and Sediment Control 1 L.S. 5,000.00 5.000.00 '11 L.S. 25,000.00 25,000.00 00 C.Y. 25.00 5,000.00 900 C.Y. 18.00 16,200.00 260 C.Y, 18.00 4,680.00 75 S.Y. 18.00 1,350.00 1 L.S. 500.00 500.00 60 Each 25.00 1,500.00 4 Each 150.00 600.00 2200 L.F. 3.50 7,700.00 2200 L.P. 4.50 9,900.00 1 L.S. 3,000.00. 3,000.00 1 Each 200.00. 200.00 1 L.S. 10,000.00 10,000.00 1 L.S. • 1,500.00 1,500.00 BUB TOTAL , $92,130.00 15% Contingency _ $13,819.50 TOTAL 3105,949.50 This summary of probable construction cosy was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. 1111111 11111111111111111 111 1111111111111111111111111111 • 553271 10/05/1999 04:28P B1154 P18 M ALSDORF 18 of 18 R 0.00 D 0.00 GARFIELD COUNTY CO i 111111 11111 111111 1111 11111 1111111 11111 111 11111 0111111 526516 06/09/1998 03:16P 61071 P710 M ALSDORF 1 of 8 R 0.00 0 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 8th day of June A.D. 19 98 , there were present: Marian Smith , Commissioner Chairman Larry McCown , Commissioner John Martin , Commissioner Don Deford , County Attorney Mildred Alsdorf , Clerk of the Board Ma-rk Bean , County Administrator Interim when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. q 8- lc A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN APPLICATION FOR THE HAMMES SUBDIVISION. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from the applicants, Michael N. and Lenore L. Hammes, for the creation of four (4) lots from -a-forty-four - andonehalf (44. 5)acreiandhdding consisting of two (2) tracts with lots sizes ranging from approximately seven (7) to seventeen (17) acres to allow for residential, single-family homes; and with Individual Sewage Disposal Systems, on-site wells, and access from County Road (CR) 100 and a private access easement through the property situated between the Hammes' land and the county road. WHEREAS, Garfield County Planning Commission held a public hearing on 8 April, 1998, upon the question of whether the above described preliminary plan conditional approval should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said preliminary plan conditional approval for the Hammes plan; and WHEREAS, the Board held a public hearing on 18 May, 1998, upon the question of whether the above described preliminary plan application should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said preliminary plan conditional approval for the Hammes plan; and 1 111111 11111 111111 1111 11111 1111111 1111111 11111 111 1111 526516 06/09/1998 03:16P B1071 P711 M ALSDORF 2 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Boardl on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. The access easement, which will be extended to provide street access to the proposed four (4) lots, will be in excess of 1,700 feet:. This access is designed to end abruptly at the boundary line between proposed Lots 2 and 1. Given this dimension and the design, the proposed access to the lots is classified by the .Zoning Resolution as a dead end street. The proposed design exceeds the, permissible length by more than 1,100 feet. The Board has approved this :longer cul-de-sac design, and the Board is satisfied that adequate fire protection and emergency access or egress will be provided as a part of the longer street design per Section 9.33 of the Subdivision Regulations of Garfield County, Colorado of 1984, 2. That proper publication and public notice was provided as required by law for the hearing before the Board of Country Commissioners. 3. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matt:ers and issues were submitted and that all interested parties were heard a that hearing. 4. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 5, For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that preliminary plan for the Hammes be and hereby is approved to allow for the creation of four (4) lots from a forty-four and one half (44.5) acre land holding consisting of two (2) tracts with lots sizes ranging from approximately seven (7) to seventeen (17) acres to allow for residential, single-family homes; and with Individual Sewage Disposal Systems, on-site wells, and access from County Road (CR) 100 and a private access easement through the property situated between the Hammes' land and the county road, upon the following specific conditions: 1. In accordance with the representations of the applicant, the applicant will transfer to the Homeowners Association the Basalt Water Conservancy District Allotment Contract and the water rights associated with the wells together with the well permits. The Homeowners Association will have the power and the duty to enforce compliance by the lot owners with the terms and t:he conditions of the water contract and the well permits. 2. The applicant will provide adequate easements for the wells, the water lines, and the other attendant facilities and utilities on the final plat submission. 1-11Xl11hill hIlllil11i1111EI111111ll-1111111111111111 216 06/09/1998 03:16P 51071 P712 M ALSDORF 3 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO 3. The applicant must comply with alit, ten (10) conditions of approval of the well permits for each of the three (3) vials of this site as issued by the Office of the State Engineer, Colorado Division of Water Resources. 4. The potable quality of the potential water source rnust also be addressed by the applicant per Sections 4.91 and. 9.51 of the Subdivision Regulations of Garfield County, Colorado of 1934 and per Section ]JCI. 7.0 Goad, 7.1 and 7.3 Policies, 7.1 and 7.3, Objectives of the Garfield County Comprehensive P1 EM of 1994. 5. In accordance with the representations of the applicant, the owner of each lot will obtain site specific percolation tests al: the building permit stage to determine whether a standard Individual Sewage Disposal. ,System (ISDS) is acceptable or whether an engineered system is required, Each IS -DS -will be constructed in accordance with the results of the site specific percolation test and will be designed to minimize tree removal and changes to the natural contours of the lla.nd. The protective covenants for the subdivision will require that all septic.; system tanks be pumped at least one time every three years and will provide the Homeowners Association with the authority to properly maintain and repair each 1SDS within the subdivision in the event that the lot owner fails to do so Proper building site selection and foundation designs will be employed, and proper septic system evaluations, installations, and construction will be carried out in accordance with the recommendation of the Observations of Geologic Conditions report prepared for this site. 7. The development on the steep portion of the site will be avoided due to slope instability. Furthermore., site specific geotechnical. and subsoil studies will be conducted for building foundation and septic system design. Both provisions are in accordance with the Observations of Geologic Conditions. 8. The applicant will re -vegetate road cuts to prevent erosion; control animals where wildlife is present; control drainage. In addition, the covenants of the Homeowners Association will include language which clearly states that the use of chemical application on the lawn grasses is forbidden and that periodic testing of the wells is strongly encouraged. 9, The applicant- will construct- a twenty (20') foot roadway width -with -four- (4) -foot - shoulders [two (2) eight (8') foot lanes with two (2) two (2') foot shoulders] for the protection of life and property from wildfire per the Colorado State Forest Service and per Section 1111. 3.4, Objective of the Garfield County Comprehensive Plan of 1994. IIIMI nisi IIII 1111 11111 I11IIM 11111111 11111 1111 111 526516 06/09/1998 03:16P B1071 P713 M ALSDORF 4 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO 10. The entire length of the Hammes road will be improved to the Garfield County road standards in accordance with Carbondale & Rural Fire Protection District and with Section III. 3.6, Policy of the Garfield County Comprehensive Plan of 1994. 11. The applicant will. pay the applicable road improvement fee in accordance with the Garfield County regulations.. 12. The applicant will provide a twenty (20) foot width for the easement to the proposed development to allow for emergency vehicle access as issued by the Emergency Management report. 13. The Emergency Turnaround areas locate]! between proposed Lot 1 and proposed Lot 2 will be redesigned to provide more area needed for a complete turnaround by emergency vehicles as recommended in the Emergency Management report. 14. The applicant will maintain all grass at a maximum of six (6) inches in height, and ensure that no woody vegetation and no flammable material, :such as firewood, will be located within ten (10) feet surrounding the houses per the Colorado State Forest Service. 15. A separation distance will be maintained of a minimum of ten (10) feet between conifers within forty-five (45) feet at the sides of the homes and sixty (60) feet on both downhill sides located north and south on the site. The lower limbs of trees will be removed up to half of the height of the remaining trees in accordance with the CO State Forest Service. 16. Homes will be situated a minimum of filly (50) feet fromthe top edge of the slopes as issued by the Colorado State Forest Service. 17. Only non-combustible roofing materials will be used in the construction process (no wood shake and shingles) as stated by the Colorado State Forest Service. 18. The space below overhanging decks will be enclosed with solid vertical walls as recommended by the Colorado State Forest. Service and by Section III. Section 2.5 and 8.2, Objectives of the Garfield County Comprehensive Plan of 1994. 19. The applicant will assist with the installation of a twenty -thousand (20,000) gallon, underground, water supply at a strategic location to be determined by the office of the Fire District, which will be kept full and which will be maintained to allow for immediate access by fire trucks to fill and to tum around in accordance with the Carbondale & Rural Fire Protection District and with Section 9.71, 9.73, and 9.74 of the Subdivision Regulations of Garfield County, Colorado of 1984. If efforts to obtain an offsite easement are unsuccessful, the applicant will dedicate an easement for_ constructionof an- underground storage .tank to the.Carbondale. &. Rural Fire Protection District at a location within the subdivision which is acceptable to the Fire 111111111111111111111111111111111111111111 1111 P 526516 06/09/1998 03:16P 61071 P714 M ALSDORF 5 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO Protection district by final plan submission. 20. The applicant will contribute the sum of six thousand dollars ($6,000) to the Carbondale & Rural Fire Protection District: for the construction of an underground water storage tank.. The applicant will pay the total a.mou nt of the contribution in three (3) installments of two thousand dollars ($2,000) each upon the initial sale by the applicant of each of Lots 1, 3, and 4 of the subdivision. 21. The applicant will provide a perpetual, ingress/egress easement expressly limited to emergency fire or medical situations only. It may be used by either property owners seeking to escape the Ham:rnes Subdivision due to fire, or by emergency service providers and their equipment seeking to access the Hammes Subdivision. The roadway may be gated at any location determined by the property owners so long as the Fire District is provided keys to all locks on every gate per the Carbondale & Rural Fire Protection District. The easement will be identified on the final plat and recorded with the final plat. 22. The easement itself will be sixteen (16) feet in width. Within the sixteen (16) foot easement, Mr. Hammes will improve an approximately twelve foot (12) wide roadway consisting of a minimum of siK (6) inches in depth of three (3) inch road base material. An appropriate culvert will be installed to allow the road to cross any stream or irrigation ditch as issued by the Carbondale & Rural Fire Protection District. The applicant will provide Garfield County with adequate security to assure completion of the road construction as described above. 23. Mr. Johnson, his heirs, successors and assigns will be free to utilize the easement and roadway across his property, but will agree to keep the roadway clear of any obstacle which would block the roadway from use in fire emergencies in accordance with the Carbondale & Rural Fire Protection District. This provision will apply to snow accumulation because emergency access may be necessary during the winter time. 24. The form and the substance of the easement will be acceptable to the Fire District. The easement will be perpetual and, when it is approved by all parties, will be recorded in the Garfield County records as stated by the Carbondale & Rural Fire Protection District. 25. All new utilities associated with the subdivision will be placed underground. 26. The applicant has agreed to create a Homeowners Association for the subdivision in accordance with applicable Colora.do state law. The applicant will submit to the Garfield County Attorney for review the protective covenants, articles of incorporation, and other Homeowners Association documents (including bylaws) at the final plan submission stage. 11111 1111 111111 1111 11111 1111111 11111 11111 ilii 1111 526516 06/09/1998 03:16P B1071 P715 M ALSDDRF 6 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO 27. In accordance with the applicant's attorney, the following provisions will be included in the protective covenants for .the subdivision; A. only one dog is allowed for each dwelling unit; B. open hearth, solid fuel. burning fireplaces are not: allowed within the subdivision except as, the same may presently exist within the existing residence on Lot 2. Ail dwelling units will be allowed ani unrestricted number of natural gas burning fireplaces or appliances, and each dwelling unit will be allowed no more than one new, wood burning stove as defined by C.R.S. 25- 7-401 el; seq. and the regulations promulgated thereunder; and C. All exterior lighting will. be downcast and will be designed and installed so that the light source is not visible from adjacent lots. 28. The applicant will comply with all commitments. made to the existing users of Rimledge Road as set forth in the letter from Lawrence R. Green dated 9 January 1998, and in accordance with Section 4.94 of the Subdivision Regulations of Garfield County, Colorado of 1984, as follows: A. the applicant will proceed to have Garfield County name the private road between County Road 100 and the access road to the subdivision as "Rimledge Road," and will provide road signage for such road in accordance with the Uniform Manual of Traffic Control; B. by note on the final plat, and by execution of the existing R.oad Maintenance Agreement for said Rimledge Road, all lots within the subdivision will become participants in the existing Private Road Maintenance Agreement; C. the applicant will contribute the sum of twenty thousand ($20,000) dollars to the Rimledge Road Maintenance Association to be used for the ongoing maintenance of Rimledge R.oad. The applicant will pay the total amount of the contribution in three (3) installments of six -thousand, six -hundred, and sixty-six dollars and sixty-six cents ($6,666.66) upon the initial sale by the applicant of each of Lots 1, 3, and 4 of the subdivision; and D. the applicant will repair and maintain Rimledge: Road from a point just west of the Kruidenier/Scofield. driveway to the point where the Hanunes Subdivision access road leaves Rimledge Road. During this repair and maintenance, the applicant will bring that portion of Rimledge Road to at least the same condition as the road presently exists east of the Kruidenier/Scofield driveway. The applicant will provide Garfield County with adequate security to assure performance of this repair and maintenance at final plan approval. 29. The applicant will pay a per lot, school site, acquisition fee in an amount determined by the Board of County Commissioners at the time of final plat approval per Section 9.8 of the Subdivision. Regulations of Garfield County, Colorado of 1984 and per Section III. 2.2, Policy of the Garfield County Comprehensive Plan of 1994. 30. The applicant will provide evidence that the well perrnits are valid at the time of final plan approval and that the finding of nonmaterial injury is still valid for this proposed subdivision. r 111111111111111111111111111111111 11111 111 11111 1111 1111 526516 06/09/1998 03:16P 81071 P716 M ALSDORF 7 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO 31. The applicant will relocate the roadway south of the Lawrence property, yet still contained within the Lawrence property, per the agreement between the Hammes and the Lawrences. 32. The applicant will include in the plat notes the Division of Wildlife's items 1 through 4 in the DOW letter concerning this application. 33. The applicant will provide adequate replacement water, or other acceptable solution, to any person whose domestic water supply is injured by this subdivision. Dated this 9th day of June , A.D. 19 98 • ATTEST: Cler of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the .following vote: COMMTSSTONER CHATRMAN MARIAN T gMTTH ,Aye COMMISSIONER LARRY L. MCCOWN ,Aye COMMISSIONER JOHN F. MARTIN ,Aye STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. 1111111111111111111111111111111111111111111111111111111 528516 06/09/1998 03:18P B1071 P717 M ALSDORF 8 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, :C have hereunto set my haricl and affixed the seal of said County, at Glenwood Springs, this day of County Clerk and ex -officio C1erks of the Board of County Commissioners Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and The Title Company of the Rockies Westcor Land Title Insurance Company ("WLTIC") and The Title Company of the Rockies value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and The Title Company of the Rockies take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information as permitted by law with entities with whom WLTIC or The Title Company of the Rockies has a joint marketing agreement. Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WLTIC or The Title Company of the Rockies, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC 's website at www.wltic.com MIA A A Westcor ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND Land Title Insurance Company TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A , as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: 111TITLE COMPANY Iof the rockies WESTCOR TITLE INSURANCE COMPANY HOME OFFICE 201 N. New York Avenue, Suite 200 Winter Park, Florida 32789 Telephone: (407) 629-5842 CM -2 (ALTA Commitment for Title Insurance (6-17-06) (WLTIC Edition (9/26/07) Garfield County 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 239324405003 PROJECT: Accessory Dwelling Unit OWNERS/APPLICANT: KREAGER, RANDALL & NANCY REPRESENTATIVE: David Rasmussen and Kate Schwerin PRACTICAL LOCATION: TBD, 100 COUNTY RD, CARBONDALE ZONING: Rural TYPE OF APPLICATION: Accessory Dwelling Unit DATE: March 16, 2018 I. GENERAL PROJECT DESCRIPTION The applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a 10.06 acre parcel located within the Rural zone district. The property is over the 2 acre minimum lot size for an ADU in the Rural zone district. In addition, as the property is over 4 acres, the ADU is limited to 3000 square feet. The Garfield County Comprehensive Plan of 2030 identifies the property as Medium Density Residential (6 —10 acres per dwelling unit). The property is currently vacant. The ADU is understood to be served by an individual septic and shared water well. As the septic system is understood to be installed new, then this arrangement needs to be represented in the application along with any sharing of this system between proposed dwelling units on the property. A soils maps from the NRCS is attached to further identify soils characteristics on the property. This map should be included with the application as a demonstration of soil ability to support an OWTS. The Applicant will also have to demonstrate that the existing well is legally and physically able to serve the ADU. It is understood that the unit would be served by an individual well shared between Lot 3 and Lot 4. The applicant will need to demonstrate adequate legal water (a well permit and augmentation plan, if applicable) along with a valid well sharing agreement. A well permit will need to be provided that demonstrates that each unit served by the well (on both Lot 3 and Lot 4) is legally 1 served by water. A 4 -hour pump test and water quality test are required, but may be done as a condition of approval (however, please submit any supporting information available). In addition, a water quality test in compliance with Section 4-203(M)(1)(b)(5)(C) will need to be provided. Please note that the water quality test does not need to include testing for Alpha / Beta as it is no longer a part of the CDPHE Colorado Deluxe testing package. Similar to the 4 -hour pump test, this water quality test may be done as a condition of approval if requested in the application. Demonstration of conformance to Section 7-107 and specifically Table 7-107, Roadway Design Standards, needs to be provided. This demonstration should include all private driveways and roads from the proposed ADU to public right of way. Please respond to each of the items in the Roadway Design Standards Table (7-107) to show compliance with these parameters (ROW width, Lane width, Shoulder width, etc.). Note: please identify which Average Daily Trip (ADT) category this access road may fall within with each dwelling unit accessing this driveway / private access road counting as 9.57 ADT. For public notice requirements, the Applicant will need to provide a list of names and mailing addresses for all adjacent property owners within 200' as well as the owners of the mineral estate under the subject parcel (See attached memo from the County Attorney's Office). The property has been identified as being within a Very High area for Wildland Fire Susceptibility as identified within Map 7 of the Garfield County Community Wildfire Protection Plan (CWPP). As a result, the applicant should consult with the Carbondale and Rural Fire Protection District regarding any specific design considerations that will be necessary. Please respond to the Standards as identified in Article 7: Standards, Division 1, 2 and 3 and for ADUs, Section 7-701. These are the standards by which the application will be determined to be approved, approved with conditions or denied. A short response to these items ensures that 1) the applicant has read and understands the standards upon which a determination will be based, and 2) allows the applicant and staff to work through any possible issues early on in the application process. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 (Designated Mixed Use — 2-12 DU/Ac) • Garfield County Land Use and Development Code, effective July 15, 2013 • Accessory Dwelling Unit (7-701), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice • Table 4-201, Application Submittal Requirements III. REVIEW PROCESS The review process shall follow the steps as contained in Table 4-102 and Section 4-103, Administrative Review (see attached flow chart). SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4- 203. These application materials are generally summarized below: 2 ■ Application Form ■ General project description ■ Ownership Documentation (deed) and title information indicating if there are any lien holders and/or encumbrances (a title commitment may be necessary) ■ Statement of Authority (if property is owned by an LLC or other corporate entity) and/or Letter of Authorization (if the Applicant is not the owner of the property), if necessary ■ Fee Payment and Payment Agreement Form ■ Pre -Application Conference Summary ■ Names and addresses of all property owners within 200 feet of subject parcel and all mineral owners under the subject parcel (demonstrated through a search of Clerk and Recorders database and/or Assessors database — Adjacent property owners can be conducted using the Garfield County Geographic Information System website at http://gis.garfield-county.com/LandExplorer/index.html and use Buffer Tool to 200' from subject parcel). ■ Vicinity Map ■ Improvements Agreement / Development Agreement (may be waived upon request) ■ Site Plan ■ Grading and Drainage Plan demonstrating positive drainage off the site (topo map) ■ Impact Analysis — Please respond to the identified impacts in Section 4-203(G) ■ Copy of Code, Covenants, Restrictions (if applicable) ■ Respond to Standards fully described in Article 7, Divisions 1-3 and, for an ADU Article 7, Section 701 ■ Demonstration of Legal and Physical Water (Well permit, well sharing agreement, augmentation plan, 4 -hour pump test, and water quality test per Section 4-203(M)) ■ Description of septic system (OWTS). If OWTS is to be shared or is otherwise already installed, then an issued Garfield County septic permit along with an explanation of the total number of bedrooms the system does/will service, or a letter from a professional engineer is necessary stating that the system is adequate to handle the added load of the ADU. If a new, yet to be installed, OWTS is proposed, then a statement indicating this intent is necessary. ■ Soils information (attached) ■ Statement and demonstration of conformance with Section 7-107, Access and Roadways (Specifically conformance with Table 7-107 for driveway from County roadway to proposed ADU). Provide copies of easements or other demonstration of legal access if the driveway / access roadway crosses adjacent properties. Submit three paper copies and one digital for applications. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. 3 IV. APPLICATION REVIEW a. Review by: b. Public Hearing: Staff for completeness recommendation and referral agencies for additional technical review X None (Director's Decision) _Planning Commission Board of County Commissioners _ Board of Adjustment c. Referral Agencies: May include Garfield County Road and Bridge Department, Fire Protection District, Garfield County Designated Engineer, and Division of Water Resources. 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre -application conference summary for the submittal requirements that are appropriate for your application: • General Application Materials ■ Vicinity Map ■ Site Plan ■ Grading and Drainage Plan • Landscape Plan • Impact Analysis ■ Traffic Study • Water Supply/Distribution Plan • Wastewater Management Plan • Article 7 Standards V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 250.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 250.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sendsto referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. The Director's decision is subject to a 10 -day call-up period. The pre -application meeting summary is only valid for six (6) months from the date of the written summary. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. 4 Pre -application Summary Prepared bv: Fe --/'7'e" March 16, 2018 David Pesnichak, AICP — Senior Planner Date A. Section 4-103 Administrative Approximately 2 months if submittal is complete Garfield County Admltrlstrative Review Process (Section 4-103) Step 1: Pre -application Conlerence • May be waived by Director *Applicant has 6 months to submit application Step 2: Application Submittal Step :"3: Completrnrss Review •10 business days to review • If Incomplete, 60 days to remedy deficiencies Step 4! Schedule Decision Date and Provide Notice *Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior t� decision date Step 5: Referral • 21 day comment period Step 6: kvalution lay Director •Call-up Period -within 10 days of Director's Decision *Applicant has 1 year to meet any conditions of approval 79 AZGarfield County MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B - II? If so, review for mineral interests that were reserved and oil and gas leases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information' to the Assessor's office so this may not provide any information, depending on your property. MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may fmd deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you fmd mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. ,-fl.. °WN OF THAT R.L OBERTY M) IN ISE COUNTY w AxCn)l PROBE., ax+cPxn BORE N.N.C..,MSC... ns�muoxs. ARC THE MOBERLY MC... NA' 4=1.1' fa.myww sxaZia" mrxc V pwEi q .po, SAID 47x[31 KENS ro.1.7.•I•C tapl!710 W� Y.a as 0.a�•RM.iln. 1117.. noNNIN.wo, CV ACRE, MORE w CMS 37C71 077 m•_mY. am ., rr .7k 00 •7.LIR r Iwxsi'"`�"°10am)�1A ICvAR NUA°�rer. ma"``CASEM.7S AND RI.IS 971. BE BM. IN A REASONABLE MDmARNER BARFIELD .Im•2C 1 64-" a 7..11 ,'- f.�c. I a..raay n=n W!Y•'4 affil I» -'r Y yCa g row 7721, o...r wo.03 D. 4,13 .01 DMFI UNIT PBI,.4 A/R/RE nRx• A/RAR• FINAL PLAT WEST RIMLEDGE SUBDIVISION A PARCEL OF LAND SITUATED IN THE SW114SEII4, THE SE114SWI/4 AND THE SII2SWII4 OF SECTION 24 , T.7 S., R.88 W. OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO _per PLACE L. na .107101' CC 119I',ntw.. DeD101.1 PRELIMINARY PLAN FOR 'HE BAYLES SUBDIVISION. AMU/151CH WAS APP.SED BY THE WARD OF COL! 5e9•39'01••E 134498' E INV, %,227"° r,• [ ‘1---"ea/.1'. 1710.TIC AAA .W. H. n. 47071 PB Na.. A4w 0.01.n� W DLCO k0 7R 0 7 '' ^ S..,lJC570 ACRES +/- iy..msle QQQ r•.r $0.C57 ACRES +/- A .10.+1 SS r...n 4..77n �y 010 ae'Cs4mCa 077717..r. arm, ,0. HIPC." n N. 010.17 MAX CA• 1y =4 I =0. VD.. 17 675 ACRES +/- NOTES �: cw Ilio ;',1,Are x>lna. 17`Po'Ali`r`x�"'�;��,zo�Sx.No�rA�aoA.Al. STSpl,DARY MAP PREPARED BY KIN. INC .0 EXIST CATE OF SURVEY VMS .Y. 1.7 vmd. RC u,CX 761.4 N9.m 0723 (CFO) WIA RY,,vg&NEEX1,0. INC (sial uss- 00L07.00 ieeis A 100 RIR ri%7 '74 =11.3327X01 knik7:10,' • b +la. t..If.• SI .IWn rCw.fln ..e.Pwl •400 e, la w 4. .w....< a. n n IV WV, o, ix• wE:r :!nlOrlirrICTir 701. DiNUAL =LIRITM Q..17 ,..+l. 9 ruga. OD ,..a • Or. NIMBI ° 154:El n ERT in SOUTH 1 O4... OVER ANY RESIDENTIAL ISE WITHIN 1. SLIRD f 007C MCC. . MAW 10. z SHALL Is AwIREo PND WILL'aESCaxsrRUCiEo INSPClAx0.wcE m•r•�xEPgti.r•MrEv 11,07 • .CI+ l 2290.!_ - •.• 0.0.2.=•• .11-. v 0sl Lln•K �,Kn,19u. 060. Po 41.7 .u.t 1.7.74."1.11111•C'%10:74%17.4 pn pan i.0 ,P.p•a 7=1111 i1epl. 0:74 Le1R'•:. zIwR :[ SC 'triton 15 ALL NA urilir'[s CrALL BE FLACEO urvo[lwwxo , N HIGH COUNTRY ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 923 COOPER AVENUE GLENW000 SPRINGS. COLORADO 61601 (970) 946-6676 • n,+a t ..la. .7711°7 `91477nca""ir d wn.I.aa .w:. r.. 7:14A lv.e:l. anile I.I Icl•la..w .Yr."•�mi; 1.nd�.,a�n,..n a wd..e.n:ler iamu"�' ,a a .21.43."a'S1'.Z. •371120 77E7 I ANYVI .� .I a4 a m... .d.e19.dlM u•.•�•sl FKalr. a (). th Lri i g M S[[an M4 •' n • mom.�x�Eppart NY[•YIe[.R ,� �+ 7 7. Ra'c MS.'.M 71S00 R.70 b M a1Pl .1711 77.041. 771.17. arm MR . 171 Mt ntt IM a.�.e 771.4. Saw re rejMIINAtinatgr42,2 40"..71.41.94 xaw GRAPHIC SCALE LEGEND 7157.7.7.7 0707 1.777 - ,�Iw4Yi .w Te .cey Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 I (F) 970.945.3953 I (E) jyellico@garfield-county.com Account Information Account: R005430 Parcel: 239324405003 Owner Name: KREAGER, RANDALL & NANCY Owner Address: 15815 W PORTAGE RIVER SOUTH ROAD, ELMORE, OH, 43416 Property Address: 100 COUNTY RD, CARBONDALE Legal: Section: 24 Township: 7 Range: 88 Subdivision: WEST RIMLEDGE SUBDIVISION Lot: 3 Tax Area: 011 Subdivision: WEST RIMLEDGE SUBDIVISION Sales Information Date Deed Type Doc Number Grantor Grantee Amount 11/02/2000 WD 571761 HAMMES, MICHAEL N. & LENO... KREAGER, RANDALL & NANCY 300,000 Taxable Values History Year Land Actual 2017 300,000 2016 330,000 Property Details Imp Actual Total Actual 300,000 330,000 Land Assessed 87,000 95,700 Imp Assessed Total Assessed 87,000 95,700 Model Attribute Name Attribute Value LAND 0 ABSTRACT CODE 10 AC TO L/T 35 AC AREA_ACRES 10.06 AREA_SQFT 0 NEIGHBORHOOD VERY GOOD QUAL. MISSOURI HTS Garfield County Garfield County Land Explorer Garfield County, Colorado 239315100084 9315400085 1 22 239322400301 I I 4:4 239314100180 Vella 1011 imaimiNtim Z 234324300413 239316300954 ■ 239118300162 { 239324100393 If 19 239119300046 239119300047 Zoning: Public Lands (PL) 23q11 9402 DOI 239326103001 26 239325400265 239326300002 239336100005 — 239335100002 35 Zoning: Planned Unit Development '. (PUD) 36 239336321001 ti Garfield County Land Explorer Printed by Web User 1 inch = 3,009 feet 1 inch = 0.57 miles 0-4 0 8 1,6 Miles Garfield County Colorado Garfield County www.garfield-county.com Colorado • Disclaimer This is a compilation of records as they appear In the Garfield County Offices affecting the area shown. This drawing is to be used only for reference purposes and the County 8 not responsible for any inaccuracies herein contained © Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 3/15/2018 at 2:16:58 PM C7Co C.rs • Cr. folfree soscr p4j. •I. (cc, 1,0) 1 Gc. 6 G'=S - e0,30 ceo ro P/c, « ff^j ! .�.. 7 -f0 4C 39° 25' 55' N 39° 2513' N Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties (Kreager ADU) 8 1' b -Meters N 0 100 200 400 600 Feet 0 400 800 1600 24400 Map projedlon: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 1 1 I 312230 312400 312600 312800 313003 Map Scale: 1:9,110 if printed on A landscape (11" x 8.5") sheet USDA Natural Resources s Conservation Service Web Soil Survey National Cooperative Soil Survey 3 3/16/2018 Page 1 of 3 Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties (Kreager ADU) MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit pec Clay Spot O Closed Depression • Gravel Pit Gravelly Spot CP Landfill A. Lava Flow Ai. Marsh or swamp • Mine or Quarry • Miscellaneous Water • Perennial Water Rock Outcrop 4.. Saline Spot Sandy Spot • Severely Eroded Spot • Sinkhole Slide or Slip • Sodic Spot Q 03 r(h Spoil Area Stony Spot Very Stony Spot Wet Spot • Other Special Line Features .- Water Features Streams and Canals Transportation 4-4-4 Rails - Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and snape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should oe used if more accurate calculations of distance or area are recuired. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Survey Area Data: Version 8, Oct 10, 2017 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 14, 2010—Mar 2, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 3/16/2018 Page 2 of 3 Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Map Unit Legend Kreager ADU USDA Natural Resources Web Soil Survey 3/16/2018 Conservation Service National Cooperative Soil Survey Page 3 of 3 Map Unit Symbol I Map Unit Name Acres in AOI Percent of AO1 34 Empedrado loam, 2 to 6 percent slopes 21.1 5.2% 36 Empedrado loam, 12 to 25 percent slopes 86.8 21.5% 55 Gypsum land-Gypsiorthids complex, 12 to 65 percent slopes 161.9 40.2% 94 Showalter-Morval complex, 5 to 15 percent slopes 0.4 0.1% 95 Showalter-Morval complex, 15 to 25 percent slopes 59.2 14.7% 106 Tridell-Brownsto stony sandy loams, 12 to 50 percent slopes, extremely stony 36.7 9.1% 115 Yamo loam, 6 to 12 percent slopes 25.5 6.3% 120 Water 11.4 2.8% Totals for Area of Interest 403.0 100.0% USDA Natural Resources Web Soil Survey 3/16/2018 Conservation Service National Cooperative Soil Survey Page 3 of 3 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 HBZ LLC DAVID BROWN 119 S SPRING ST ASPEN, CO 81611- (970) 925-2100 PERMIT TO USE AN EXISTING WELL 11) LIC r WELL PERMIT NUMBER 62753 -F DIV. 5 WD38 DES. BASIN MD Lot: 4 Block: Filing: Subdiv: WEST RIMLEDGE APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 24 Township 7 S Range 88 W Sixth P,M. DISTANCES FROM SECTION LINES 210 Ft. from South 2300 Ft. from East Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2), for the use of an existing welt (Mike Well #3), permitted under permit no. 54701-F (expired), and constructed under expired permit no. 49666-F, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #3.3.5.299. 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings and two detached caretaker units, and the irrigation of not more than 3,000 square feet of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.73 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon reque (.,/0/0i/ APPROVED JSG Recei•t No. 0538707 State Engineer DATE ISSUED h By 06-10-2005 EXPIRATION DATE 06-10-2006 Sap -25-O0 09:20A P -d2 SAMUELSON P,0, BOX 297 GLENWOOD SPRINGS COLORADO 81602 September 25, 2000 Terry Rogers c/o Jensen Homes 303 AAC Aspen, Co. 81611 FAX #9Z3-2550 Attn: Terry PUMP CO. INC. WATER SYSTEMS SALES, SERVICE & INSTALLATION 945.6309 Say S l 114' °144-&- . 44-&- id.(4.40 ( ' ha)5e . eLe0. 5-n1 ri e -fn h On September 21, 2000 a well test was conducted on a well on Lot 3 & 4 of the Hammes property. The following information was obtained: Well Depth Casing size(top) Sanding water level Total test time Max. drawdown Production is 180'-0" 7" (steel) 129'-0" 4 hrs. 137'-6" 20 gpm, This test was conducted with a 1 hp. Goulds test pump Model 13GS10. The well recovered back to 136'-2" in 30 min. If you have any questions please call me, Raun Samuelson at 945-6309. Sincerely; Raun Samuelson JUN -I0-05 06:26AM FROM -Colo Div of Water Resources +3038663589 Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 918 Centennial a!dg., 1313 Sherman St, Denver, Colorado 80203 (303) 066,3581 RPPLIC_AN HBZ LLC DAVID BROWN 119 S SPRING ST ASPEN, CO 81611- (970) 925-2100 PERMIT TO USE AN EXISTING WELL T-099 P.002/002 F-371 LIC r WELL PERMIT NUMBER 62753 -F DIV. 5 WD38 DES. BASIN MD Lot 4 Block: Filing; Subdiv; WEST RIMLEDGE APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 24 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 210 Ft. from South Section Line 2300 Ft. from East Section Line UTM COORDINATES (Metsrs,Zone:13,NAD83) Easting; Northing: r ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of thls well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners ,of Water Well Construction and Pump Installation Contractors in accordance with Rule 1B. 3) Approved pursuant to CRS 37-90.137(2), for the use of an existing well (Mike Well #3), permitted under permit no. 54701-F (expired), and constructed under expired permit no, 49668-F, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, Is In effect and when a water allotment contract between the well ownwr and the Basalt Water.Conservancy District for the release of replacement water from Ruedl Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #3.3.5.299, 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings and two detached caretaker units, and the irrigation of not more than 3,000 square feet of home gardens and lawns, All use of thls well will be curtailed unless the water allotment contract or a plan for augmentadon is In effect 5) The maximum pumping rata of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 1.73 acre-feet. 7) The owner shall mark the well In a consplcuous place with well permit number(s), name of the aqulfer, and court case number(s) as appropriate. The owner shell take necessary means and precautions to preserve'these markings. 8) Thls well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be Installed on this well and maintained In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon reque qio%t/ APPROVED JSG Receipt No. 0538707 41 . State EraIneer DATE ISSUED 06-10-2005 9y EXPIRATION DATE 06-10-2006 • ORDER OF THE STATE ENGINEER IN THE MATTER OF WELL PERMIT NO. 49666-F LOCATION: SW %, SE 1/4, SECTION 24, TOWNSHIP 7 SOUTH, RANGE 88 WEST, 6TH I.M. APPLICANT: MICHAEL HAMMES THE STATE ENGINEER FINDS: The well permit was issued on April 8, 1998 and had an extended expiration date of April 8, 2000_ On August 31, 2000, they submitted evidence that the well had not had a pump installed or put to beneficial use prior to the well permit expiration date. The evidence submitted is as follows: A reapplication to obtain a permit for the above referenced well, The well permit is hereby expired and is of no further force or effect. Dated this 5th day of October 2000. Prepared by: KMG Co: Division 5 Applicant Divlexpkationsf49666F.doc Hal D. Simpson State Engineer aren M. w Engineering' sistan Water Resources Eon Ne. .:•GWS APPLICANT OFFICE OF THE STATE ENGINEER • C ]LORADO DIVISION OF WATER RESOURCES 818 Contennial Bldg., 1313 Sharman St, Denver, Colorado 80203 (303) 866-3581 MICHAEL HAMMES % LAWRENCE R GREEN LIC WELL PERMIT NUMBER 049666 - F- DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot. 3 Block; Filing: SubdIv: HAMMES APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 24 EXPIRED 4k.I1.1Wool -•�• (970)945-6546 �� PERMIT TO CONSTRUCT A WELL Twp 7 S RANGE 88 W 6th P.M. DISTANCES FROM SECTION LINES 210 Ft. from South Section Line 2300 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDfTIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury 10 existing water rights. The Issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. 2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, Is In effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Rued' Reservoir Is in effect, or under an approved plan for augmentation. Sea BWCD Contract No. 3.3.5299 (this Is 3 of 3 wells, on 4 lots, covered by this contract). 4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, plus two (2) detached caretaker units, and the Irrigation of not more than 3,000 square feet (1,500 square feed for each lot) of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well Is for use on lots 3 and 4 of the Hammes subdivision (19.8 acres total). This is to be known as 'Mdse WeII No. 3'. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The annual amount of ground water to be appropriated shall not exceed 1 85 acre-feet (602,900 gallons). 7) A totalizer} flow meter must be installed on this well and maintained In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) This well shall be located not more than 200 feet from the location specified on this permit, and at least 600 feet from any other existing well, unless the other existing well Is owned by the applicant, or a waiver has been obtained. 9) The owner shall mark the well in a conspicuous place with well permit number(s) and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This permit has been approved for the above described use(s), maximum production rate, and maximum annual withdrawal based on the limits provided in Basalt Conservancy District Contract 3,3.5,200, as confirmed by conversation with tho District's engineer. You have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of Issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4.104 through 108, C.R.S.). x.4,1 PERMIT EXPIRATION DATE EXTENDED TO ; o ,��lJ��% APPROVED TLC State Engineer Receipt No. 0428808E OWE ISSUED APR 0 8 1998 eEXPIRATION DATEAP 08 -r ( COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SI[RMAN ST., RM. 818, DENVER CO 84203 phone • info: (303) 866-3587 main; (303) 866-3581 RESIDENTIAL *Moto: You may also use trai fano to eppry for livestock watertnat Review irrstrwot+ons Prior to completing form 1. APPLICANT INFORMATION Nona a sofflo f Michael, Hammes c/o Lawrence R. Green P.O. Drawer 790 car Glenwood Springs Meth CO Z o.d. 81602 T/erdrn. r►.nrrer 4 Ii I err andel (970) 945-6546 2. TYPE OF APPLICATION 13 Construct new well 1 ❑ Replete exdsdng well ❑ Change (source) aquifer In r 3. REFER TO (if aelicablc)0 Water satin case (check aoplicahie box(es)) ❑ Use existing well ❑ Change / Increase Use ❑ Reapplication red fermi ✓ . RECEIVED FEB 121998 FEB 6 98 • INA I CH hesol7RGEs iEri riLso ilr lCrti 11 a Ta �If Pe ' t3piication Must be cimp[ed in bk,e-k ink or typed 6. USE OF WELL (check appropriate entry cr entries) Soo Inatruotions to determine wail) for which you may qualify -- ❑ A. Ordinary household use in one single-family dwelling (MO outside use) ID B. Ordinary household use in 1 to 3 singledamily ,q• dwellings: _ Number of dwellings: 9 ••- D Home garden/lawn irrigation, tot tile1 sane: 3P area irrigated Jokes= 1(�� sq. ft. © acre }( ao 4,A4 004 Maximum pumping rate Annul ereo4.p le be J 15 ppm 1 acre-foot pit O Domestic animal watering -- (non-commercial) 0 C. Livestock watering (on farrni inch/range/pasturel 7. WELL DATA withdrawn Toil aro 250 feat fritrNm Crystal Spring Creek Prmit s Verbal • -VE- Monioprino Fob selmowi.dyrrrent MH - woe nnne of Mike Well No. 3 4. LOCATION OF WELL arfield QuentOrlauiKer —sw y Quarter SE 14 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM El Septic tank / absorption leach field O Central system Dintrict nom4_ ❑ Vault Location sewage to be hauled to: ❑ Other (attach copy of angineeriny design) 9. PROPOSED WELL DRILLER (optional) ..-trlctkln 24 Township N or 6 7 ❑ al Mow, of war from section roe. 210 ft. Thom I7 N�]r 8 win i.ci mer ammo. it sm! irons gi$.wi addrw'F1 ap.RC *i Rage E or W Plkrrlpd Marklan 88 6th 2 300 tt.'fnom E D W news runic, Licensed Driller for Npboanrarw Mini Only •dishes song from feet .Id Ina ro raw enol direction 5. TRACT ON WHICH WELL WILL BE LOCATED A. Year must chock one of the lniiarMlttp - ala Inorturdorr 13 Subdivision: Name Hammes :'Lot no. 3 & 4 Block no. — Filing/Unit O County exemption (attach copy of county approval & survey) Name/no. Tract no. 0 Minting claim Iattach cony of deed or iwveyl Name/no. O Other (attach roost description to sppacerion) 10. SIGNATURE of applicants) or authorized agent The making of false statements herein constitutes perjury in the second degree. which is punishable as a lass 1 mis- demeanor pursuant to C.R.S. 74-4-104(13)(a). i have read the statements herein, know the contents thereof and state that they are true to myknow'''. Moen M B. STATE PARCEL ID# ioptfon.:l: C. s soma in taunt D. Are your the owner of this property? • 19.788 E. WA this be the only well on this tract? EWES 0 NO (if other woes ere on this tract- see instructions) ®YES 0 NO (If; - sae instructions) 2 ?)15 - OPTIONAL INFORM WS ewe nems Off ce Use Only iia C rh-k�c cN fol tAta/ LA.r 54,5E far. xY - loft sties, sac, i r ak. kt:lt) ad.vs-/ 4i ng 2c•75' 174r•1'`"CHECKS TR#426608 021298 44,-,r DIV OF WATER RE5l1URCES _5wst nuftoir- x setl err - u Ver -- nn noon lower mss - petit:s USE Area- &.DIV at4Y ,P r- )40 . O 23 46003 3 e BA MD Form GWS -44 (11/95) i Permit Application Chante Forij To be used when issuing well permits based upon information other thorn as received, Please file with final Permit Receipt No. 4� f} �} Name of Applicant - ti AmhmS Summary of change(s): 116.. 'I atqc.a, vC9 !'mr� (I -kJ 1 a - ._ rocaifk 2 z.F. weibite 0,tit*exPi oks _De017 (7) — (e)74 e). 9Z57477-44 4Sis(t-r_BIU •TtuA. tt w Date "` q S x,11 I's ""e 1147) ,*41/Q3 95-7 ¢fi rit...\ 3 ORDER GRAN1'TaG APPLICATION FOR ALLOTIVLe,NT CONTRACT RECEIVED MICHAEL HAMMES CONTACT NO. 299 APR 0 71998 rin � �n .,Gs,u t4rty STATE E,,yt;;kEEN Application having been made by or on behalf of Michael Hammes and hearing on sazn Application having been duly held, it is hereby ordered that said Application be granted and that tb.e attachrd Water Allotment Contract for 0.134 cubic feet of water per second from the District's direct flow rights and 3,7 acre feet per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial us: of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions; 1. The Applicant has acknowledged that the land to be benefitted by the attached Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference. 2. If the Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such wells) before the District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 3. The Applicant acknowledges for himself and for his successors in interest that the allotment of water under this Contract is expressly conditioned upon the full and timely performance of all obligations of this Contract. 4. In the event of the division of the prooperty served by this Contract into two (2) or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property described in the Application on file with the District and the Applicant shall give rLotice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 5. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder bas been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel tobe benefitted hereunder is legally subdivided. 6. By aeceptance of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall file with the Z 'd -1- v LS G l 9V6 0L6 QN I Z:fl N I SN3 30 1110Sab WOtiJ Hvee , 4 6 866L--7 , Water Court of Water Oivia,.n No. 5 a water rights plan of augmentation for utilization of water • allotted hereunder at the Location and for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contact shall be included in a water' rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract hopers included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion, The District may establish an augmentation pian fee to be paid by the bolder of any Contract to be included within a plan of augmentation to be filed by tole District, Which fee shall be payable in advance of the inclusion of such Conn -act in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder- ?. Any and alI conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Waxer Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be ben tied hereby. �6CEIII Attest: Approved this ...L •� c, day of �� , 1997 PO APR D 71998 irfff mkcaa BASALT WATER CONSERVANCY DISTRICT By: Barbara Mick - Secretary -2- i P i i qrR la / Fi DN I M33N I ;7N3 3OMP1OS3M WCMM d WV t E = l t 956t—SO-7 4-06-1998 1 1 .32AM FROM RESOURCE ENGINEERING 970 945 1137 L • P. 5 1 m1:• • i.m,asea w...1 71a ti. BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 299 Pursuant to C.R.S. 1973, 37-45-131 FEB i. 21998 +rrtri to,4E8O RCE5 S1,G''C CvaA Michael Hammes (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes. 1973, 37-45-101. et IN., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial -use-0-134 cubic feet of water per second from the District's direct flow rights and 3.7 acre feet per year of storage water owned or controlled by the District. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit. Landis Canal, Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the Distridt's said rights. Exchange releases made from the District's storage rights in Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract.with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION QF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial/Commercial — Agricultural Other Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right to use certain waters. It is acknowledged that certain locations within the District may not be LI I1•IL "F nw.1 .+p 1 susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes, To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may, utilize such other water rights, by - way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands. facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to a1GlwiL'i=0 judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the alloFEB 12 "1998 mens of water rights hereunder, including, but not limited to, reimbursement of legal and„, oEsa,RcEs engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided. however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. 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, but 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. In the event the Applicant intends 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 an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve 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. 4. • PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made. in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Sajid notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not N IS-w'S1,IIN„R],N4..TS51N 2 trade within thirty (30) days after said written notice. the District may. at its option, elect to • terrnin?te all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District inay, at its sole option and request. authorize said person or entity to curtail the Applicant's water service pursuant to this.-itiVc.l , Contract, and in such event neither the District nor such persons or entity shall be liable for such nt=C,i= curtailment. FEB 121998 w.. 14M RESOURCES 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this rAT70.14 .E"1 Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract. for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BFNEF!T OF COMTEACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, • water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion. but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. 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, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 14 /IC ■wclt KAMU U # TC 3 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the 'Water .Service Plan as adopted by the District and amended from time to time: provided that ! sued Water Service Plan shall apply uniformly throughout the District among water users 'receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USiK: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the ;RECE=iV possible curtailment of out -of -house municipal and domestic water demands upon the occurrence �� of certain events and upon the District giving notice of such curtailment, all as more fully s tEB 2 forth in said Stipulation. wA crl HESQUpCES STATE ENetNce'A GCW. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. C:ONSE,RVATI_QN PEACTLCES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and x aaw fH.wan.. ui�Irnr , shall. be bound by any conservation plan hereafter adopted by the District, as the same may be • amended from time to time. 14. WELL., SPACINQ _REQUIREMENTS: Applicant must comply with the well - spacing requirements set forth in C.R,S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 15. RECORDI %G OF EMORANDUM: In lieu of recording this Water Allotment Contract. a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. Applicant's Address: c/o Delaney & Balcomb, P.C. , P.O. Drawer 790 Glenwood Springs, CO 81601 STATE OF ic1 �rs:T COUNTY OF;c orf ss. APPLICANT: Michael Hammes Subscribed and sworn to before me this . I- day of by Micha ,,.�� es. 11 �K •WevIIW 1Ij UL.Tnw my hand and official seal. ission expires: -� 818 Colorado Avenue ary Public Glenwood Springs, CO 81601 My Commission expires April 28, 2001 5 FEB 1 2 1998 YY++ -.r nea.wnVES STATE ENGINEER coo. 1997, 3-02-1998 4,01PM FROM RESOURCE ENGINEERING 970 945 1137 • facsimile ,.,E � �-: . t•7 MAR 0 31998 To: Tamara Cunninghani,,,,,�,, ;tomd BiA7E t 'Nig - Of: Fax: Pages: Date: Re: CDWR (303)866-3589 5, including this cover sheet March 3, 1998 Michael Hammes .,.." RESOURCE am- wwrimN ENGINEERING, INC. Phone: (970} 949.6777 Fax:(974) 945.1137 T1/6 Following is the information you requested for Hammes. Call if you have further questions. Also, if you have email, we can always email the memorandum and calculations to you. My email is, mmorris a©rof_net. From the desk of... M&(odv Morris Office Manager Resource Engineering. Inc, P. 1 9-14-1996 10: 39PM FROM r ... ... a...—. pi. .M.. w r..+wh.w Will! POWER OF ATTORNEY P. 1 PAGE Fl '2 RECEIVED FEB 12 }.,, L+:+.ESOt ICES STATE; ENC INTI t7cyl:S 1, Michael His, do hereby appoint LAWRENCE R. GREEN as my lawRil egent and attorney, wits Full power in said sent and attorney to act forme, to do emy and ail *me a following: To apply to the Colorado Division of Water Resources for a well permit and if such pri mit is issued,. to take such steps ari may be required to register said Ewell. I direct that all notices and communications concerning said well, or the pelt therefor, shall be directed to my said attorney, Lawrence, R. Green, at P.M Drawer 790, Glenwood Springs, CO 81602. In general, I hereby aurl xixe wield attorney m perform any and all acts that I can perform with respect to obtaining a well permit. SEEMELSOSABLBESEAUMILY IN WITNESS WK EREQF, I beamby certify rho camas vfthe f o'vignature mod have se my hand and seal to the foregoing Power of Attorney this day of 1998_ STATE OF COLORADO COUNTY OP GARFIELD Michael Elalk‘..A44‘-.------ '6-44444 CiThe above and going Power of titr,. � wa a *nowledged bag= this !� dal of # �flLi , 199$. by Ik'• • i1 �J - DT • may+ , . i LIC 818 Colorado Avenue Glenwood Springs, CO 81601 My Commission expires April 28,2001 3-02-1998 .;10PM r TO: FROM: RE: DATE: FILE: FROM RESOURCE ENG I NEER I NG 970 945 1 137 P. 6 MEMORANDUM DAN KERST AND BWCD BOARD MEMBERS PAUL BUSSONE, RESOURCE BWCD WATER SERVICE APPLICATION SEPTEMBER 3, 1997 033-7.0 Ibwedm.mo.O091 MAR 03 1998 WA 1 Wirt STAT NINES Applicant Name: Michael Hammes Typo of Use: Domestic X Commercial Industrial , Agricultj & Amount: CFS 5 II, ril (9pmd 0/1 505 7, il-‘771;!:'011 „ 3frfw 112' Clif 617 to 1(6,14; Location: Area A --. -- Area B Inclusion Mid Valley Metro District Notice Required?: Yes Comments: Proposed subdivision of 4 lots on 45 acres located in Garfield County on the north side of Highway 82, northeast of Carbondale. The property is, on the boundary dividing areas A and B. The walla will be in Area A. 3-02-1998 41:10PM FROM RESOURCE ENGINEERING 970 9a5 1137 APPLICATION FOR WATER ALLOTMENT CONTRACT BASALT WATER CONSERVANCY DISTRICT 1, Applicant's Name(s): Michael Taammes, C/O M. . Lawrence Green, Esq. Address Delaney & Baicomb PC PO Drawer 790 Glenwood Wings CO 81601 Telephone No.: (970)9456546 P. 7 FiEcevrr 0 3 1998 9iAT veGiriaR 0 OAP 2. Type of land use (development) proposed for water allotment contact (i.e, single family home. subdivision, gravel pit, dc.) Four single fames homer each with detached. caretaker/mother-in-law tacit with 1,500 5p' lawn Irrigation. 3. Legal description of property en which District's water rights and/or Rued' Reservoir contract water shall be used: Quarter. Quarter, Section, Township. Range (attach map)*: A parcel of land situated In the S1A, SK, Section 24, Township 7 South, Range 8S West, 6th P.M. (see attached Exhibit A). 4, Elevation zoslle of property; . X 6-7,000 ft., 7-8.000 ft., �— 8-9,000 R. 5. Name and legal description of water supply diversion point(s): include Quarter Quarter, Section. Township, Range, bearing and distance from nearby Section corner. (identify if well, spring, pipeline, etc.) If diversion point is a well, please provide the State Permit No. rt One existing well and two or three nfw wells. 6. Has Applicant applied with the Water Court for wares rights. change of water rights and/or a water right plan for augmentation? Yes, _ )j No; if yes. what is the Water Court Case No. __NW 7, Proposed waste water treatment system: (please check) Tap to centre/ waste water treatment facility if Septic tank/leadhileld system Evapotranspiration system Other: 8. Proposed use of waren (please check) _ 1?sanesak/Murdeipal (single family home(s), duplea(s), condominium(s), mobile hore(a), apartment, hotel). Please complete page two of this application. Commercial (ovine. warehouse, restaurant, bar. retail). please Complete page three of th15 application. itadustrial•(gravel pit, manufacturing). Please complete page three of this application. Agricultural (crop irrigations. stock watering). Please complete page four of this application. Dare on which the county or other applicable governmental entities approved the land use For which you seek legal water service: " Subdivision nendin' (Note; Copy of rhe Reaolurion of other documentation evidencing such approval should be subolittetf with applkatinu_) The undersigned acknawlodgcs receipt of the District's form Water Allotment contract and agrees that this Application is mad pursuant to the terms and conditions thereof. Signature Date 3--02•-1998 4:12PM FROM RESOLRCE ENGINEERING 970 945 1137 P. Built Water Conservancy District Water Allotment Application Page 2 Please complete this page if you checked domeatichnunicipal use on Page 1, No. S DOMESTIC/MUNXcIPAI, WATER USES RiEGcll'Fr MAR 0 31998 STATE ENGINEER Single family residential home(s) Number of Unita: 4 Duplex(s) Number of Units. Condominiums) Number of Units: HattllAputrncnt(s) Number of Units: 4+ Mobil HoA c(s) Number of Units- * Detached caretaker units Irrigation (lawns, parks, open space) Total area to be irrgatcd 6-000 Sq. Ft, or Acres Type of irrigation system (please check) x sprinkler Flood (irrigation ditch) )?nmesvac atoCk wwatering (cattle, horses) Number of animals: 0 Period of use (months): , _ O_ ar inratniclmuniopa y not lid: Water Usar: Anopsia Date : Dlslrict Atex SWUM Serio Maximum Demand: t]aarmiic Month in- hajte January 0.256 February 0.241 March 0.286 AVM 02258 Gtay 0.288 June 0.258 Jufjr 0.268 August 0.268 September 0.256 October 0.266 November 0.258 December 0.256 TOTALS- 3.136 MIKE HAMMES SEPT. 26.1997 A 1 (OPM) (CFS} 60 0.134 (2) Cowards! or Other BASALT WATER CONSERVANCY DISTRICT WATER REQUIREMENTS (acre /set) Total Demand (3) (4) (5) (Br Lam Crop Irrigation Irdoatlon Lbresloclt TOTAL 0.000 0.000 0.000 0.000 0.000 0.000 O .000 0.008 0.000 0.1343 O .000 0.081 0.000 0.077 0.000 0.049 0.000 0.042 0.000 0.012 0.000 0.000 0.000 0.000 0.000 0932 0.000 0000 0000 9.000 o.aoo 0.000 0.000 0.003 0,000 0.000 0.000 0.000 0.000 0.000 0,000 0.000 0.000 0.00 0.000 0.000 0000 0.000 0.000 0.000 0,260 0253 0.280 0.278 0.348 0.356 0.360 0.331 0.315 0.292 0.271 0.260 0.000 0.000 3.641 N UMBER OF R ESIOE LACES 6 peraanshesldance N galcrnfperionfdsy CammerdaVOther Durand (al) Sc. Ft. of Lawn Irrigated Lawn Application Rate (atlas) Arnts of Crop bigoted Crop Appikalian Rale (IMO -4 80 0.000 2.400 0.00 0.000 (7) Darmesik Oa -house Consumptive Uaa (11 (9) (10) (111 (12Y (131 Commercial Lawn Crop Source of or Met Mustiest Irrlgefiom Lhratock TOTAL Aug/Replace 0040 0.000 0000 0.000 0.000 0.042 RUE 0.038 0.000 0.000 0.000 0.000 0.038 RUE 0.040 0.004 0.000 0.006 0,000 0,042 RUE 0,039 0000 0.000 0.000 0.000 0.047 RUE 0.040 0.000 0.051 0.000 0.000 0.095 RUE 0.030 0.000 0.065 3000 6.000 0.109 RUE 0.040 0.000 0.061 0.000 O.000 0.106 RUE 0.040 0.000 0.039 0.0470 0000 0083 RUE 0.039 0.000 0.034 0.000 0,000 0.076 RUE 0040 0.000 0.000 0.000 0.000 0.052 RUE 0.039 0.000 0.000 0.000 0000 0041 RUE 0.040 0.006 0_000 0.004 0.000 0.042 RUE 0.470 0.000 0.266 0.000 0000 0.773 (2540 67.) (5) 6 of Wastrel(CD 11 gale/day (7) % CU for Domeatic/C.anrmacJat CO) % Lawn Int, Efficiency Consurnplkm of Wig. (affac) (10) % 47rop brig. EfRdancy ConsumplIcn of brig. (alias) 10) Neutron (foe) '(5) (12) Total (miners 5% Tarot Loss 4., I �M1 ryrn cis co 0 15 5 so 1.920 60 0x000 seal 1)1 1 • i 104d80°17 8661-0-5 SROM RESOURCE ENGINEERING 970 945 1137 u1 DIVISIONOCHECKLIST WELL PERMIT IPPI.tCATJONS Receipt 1 'o Applicant Name /7? c Application in MACK ink Type of permit application Correct)ee B -'Check # 33 ?? o 0 1) GWS -46 Monitoring/Observation ❑ 2) GWS -45 General Purpose GWS -44 Residential ❑ 4) GWS -49 New Household Only O 5) GWS -50 New 35+ Acre Residential O 6) GWS -12 Late Registration 0 Field Insp. report by KS 3c RECEIVED FEB 21998 "Al H 9ESOugus STATE F;NGWaal coin. Previous permit # Monitor Hole #_.. VE# River System / et Location SW1/4 -.-1/4 Section 2.9TWP. 7 RNG Or9/ P,M, mover-appropriated ❑ Subdivided before June 1, 1972 O Subdivision Name Lot # Filing ❑ peguired Attachments (proof of pre -1972, legal description or plat) ❑ Nan-overappropriated variance typewell o Request for variance ❑ Construction diagram El Topographical quad name 600 -foot Spacing o County parcel number Comments e- Co—t'- C.t '° 3, s--, 7/7 SIDNATURE� DATE 9 STATE OF COLORADO OFHCE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 90203 Phone (303) 866-3581 FAX (3031866-3599 February 26, 1998 Victoria Giannola Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 Roy Romer Governor lames S. Lochhead Fxp utive Director Hal D. Simpson State Engineer Re: Hammes Subdivision S%2SE'/.SW'/< & S'/2SW'4SE'/. Sec. 24,175, R88W, 6TH PM W. Division 5, W. District 38 J1g/ Dear Ms. Giannola: •1',p�' Li if ig We have reviewed the above referenced proposal to sub vida parcel of 44.5 acres into 4 Tots, with one single family dwelling on each lot. The applicant proposed to pr ide water through on lot wells. Lots 1 and 2 are to have their own wells, and lots 3 and 4 will share a well. Is currently served by the well with Permit No. 161551. The two additional well permits are to be obtained pursuant to a contract with the Basalt Water Conservancy District (the District). A copy of the contract was provided. The District order granting the contract requires the applicant to file an application for an augmentation plan or to be included in the District's augmentation plan. Sewage disposal will be through individual septic systems. The two well permits to be issued pursuant to contracts with the District are currently under review. We have been in cgntact with thea plicant for additional information. Permit 1 _61551 was pursuant to Section 37-92-602(3)(b)(II)(A), C.R.S., as the only well on a parcel of 22.26 acres. ecr137-92-602(3)(b)(I1I), C.R.S., requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. Accordingly, if the parcel is subdivided, the presumption under Section 37-92-602(3)(b)(II)(A), C.R.S., that there will not be material injury to the vested water rights of others or to any other existing well from such well, will no longer apply. As such, an augmentation plan is required to offset depletions caused by the pumping of the wells prior to the issuance of a new permit. Alternatively, the applicant may obtain apply for a new permit for this well pursuant to a District contract. If a new permit is not obtained pursuant to an augmentation plan or District contract, this office may initiate proceedings to revoke Permit No. 161551 if the subdivision is approved. Information in a letter from Aqua Tec Systems, Inc., dated October 30, 1997, indicates that the existing well with Permit No. 161551 produced an average of 14.1 gallons per minute over a four hour period on October 28,1997. If the additional wells have similar production rates the water supply should be physically adequate. Based on the above, It Is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply will cause material injury to decreed water rights. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely. - co CUL Steve Lautercilager Assistant State Engineer SPL/CML/hammes 03.doc cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner, District 38 STATE OF COLOFADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866.3581 FAX (303)866-3589 February 26, 1998 Victoria Giannola Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 qy Romc.r Governor James 5. Lochhead Executive Director Hal D. Simpson State Engineer Re: Hammes Subdivision S%SE' SWV & S%2SW1/4SE% Sec. 24,175, R88W, 6TH PM W. Division 5, W. District 38 J[ Dear Ms. Glenn°Ia: We have reviewed the above referenced proposal to sub vides parcel of 44.5 acres into 4 Tots, with one single family dwelling on each lot. The applicant proposed to p ide water through on lot wells. Lots 1 and 2 are to have their own wells, and lots 3 and 4 will share a well. is currently served by the well with Permit No. 161551. The two additional well permits are to be obtained pursuant to a contract with the Basalt Water Conservancy District (the District). A copy of the contract was provided. The District order granting the contract requires the applicant to file an application for an augmentation plan or to be included in the District's augmentation plan. Sewage disposal will be through individual septic systems. The two well permits to be issued pursuant to contracts with the District are currently under review. We have been in c riiact:with.the plicant for additional information. Permit No 161551 was ' sued pursuant to Section 37-92-602(3)(b)(II)(A), C.R.S., as the only well on a parcel of 22.26 acres. S Ion 37-92-602(3)(b)(111), C.R.S., requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. Accordingly, if the parcel is subdivided, the presumption under Section 37-92-602(3)(b)(II)(A), C.R.S., that there will not be material injury to the vested water rights of others or to any other existing well from such well, will no longer apply. As such, an augmentation purl is required to offset depletions caused by the pumping of the wells prior to the issuance of a new permit. Alternatively, the applicant may obtain apply for a new permit for this well pursuant to a District contract. If a new permit is not obtained pursuant to an augmentation plan or District contract, this office may initiate proceedings to revoke Permit No. 161551 if the subdivision is approved. Information in a letter from Aqua Tec Systems, Inc., dated October 30, 1997, indicates that the existing well with Permit No. 161551 produced an average of 14.1 gallons per minute over a four hour period on October 28,1997, If the additional wells have similar production rates the water supply should be physically adequate. Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply will cause material injury to decreed water rights. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sinccrcly, ea crwm. Steve Lautertectlager Assistant State Engineer SPL/CML/hammes 03.doc cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner, District 38 DIVISION, CHECKLIST WELL PERMIT APPLICATIONS Receipt # 7� 3 5 Applicant Name /71 e 'C ( 4 z Application in BLACK ink r—� Type of permit application Correct Fee heck # 33? q ❑ 1) GWS -46 Monitoring/Observation ❑ 2) GWS -45 General Purpose GWS -44 Residential ❑ 4) GWS -49 New Household Only ❑ 5) GWS -50 New 35+ Acre Residential o 6) CAWS -12 Late Registration 0 Field Insp. report by iIECFfire FEB 121998 wr 411 pie sounets a1iA7EfNGlNme Ctlf�, Previous permit # Monitor Hole # River system A v a '- F.,,- VE# Ick Location SW1/4 5 1/4 Section 22K11NP._!RNG fie/ P.M. 504.7' t, t - El -ver -appropriated ❑ Subdivided before June 1, 1972 o Subdivision Name Lot #� Filing o Reauired Attachments (proof of pre -1972, legal description or plat) O Nomoverapprobriated Variance typewell a Request for variance ❑ Construction diagram ❑ Topographical quad name 600•foot Spacing .r„ O County parcel number /4C..`_ /reGi e �- - -71- 4. d �t c c f 12 g 3 comments z» ' 44, dt- SIGNATURE • DATE .3—U1,2— I Jk3 4 : 1 r Kutis K�sLAJ tL. tNG 1 N .bFk 1(NC. ti ■E? w4D MEMORANDUM TO: DAN KERST AND BWCD BOARD MEMBERS FROM: PAUL BUSSONE, RESOURCE RE: BWCD WATER SERVICE APPLICATION DATE: SEPTEMBER 3, 1997 FILE: 033-7,0 (awoa+`a.no.0331 REC it MAR 0 31998 STATE ENGINEER Applicant 'Name: Michael Hammes Type of Use: Domestic iC Commercial Industrial Agricultpral ai!u-7f6-5'ir:/1„-/ .06 0 re'. ] '*. (1-4/q3 ' r► ;!l' ;�� Amount: str Oil ) r ry § 0,114 CFS t=�■' (Wpm) f° 3 ,,, VA CIA! 0 1¢ Location: Area A X Area B Inclusion 61 ,4 46 jr hiell ria (:th1 E Mid Valley Metro District Notice Required?: Yes No x �� as ,I Comments: ` ��'� r Proposed subdivision of 4 lots on 45 acres located in Garfield County on the north side (di I% ; of Highway 82, northeast of Carbondale. The property is, on the boundary dividing f areas A and B. The wells will be in Area A. L4 rte._.. r.•..•�v.^�� 4'•i vi•.ry .� ..• .+r.J APPLICATION POR WATER ALLOTMENT CONTRACT BASALT WATER CONSERVANCY DISTRICT 1. Applicant's Name(s): Michail Hammes, CJO Mr. Lawrence Green, Esq. Address:W c ' Nc3 H ER cdoi3TAT�Q "OAP Estee f.-. R 051998 Delaney & Relconah PC PO Drawer 790 Glenwood Springs CO 51601 Telephone No.: (970)945-6554d 2. Typo of land use (development) proposed for water allounent contrast (i.e. single family home, subdivision, gravel pit, etc.) Four single family homes each with detached- carecakehaother-in-law unit with I,500 5F lawn irrigation. 3. Legal description of property on which District's water rights and/or Ruedi Reaervo(r contract water shall be used; Quarter, Quarter. Section, Township, Range (attach map)": A panel of lend situated In the SIA, 81, Section 24, Township 7 South, Range 38 west, Gth P.M. (see attached Exhibit A). 4. Elevation zone of property: , X . 6-7,0001t., 7-8,000 8., 8-9,000 ft. 5. Nurse and legal description of water supply diversion point(s): inctude Quarter Quarter, Section. Township, Range, bearing and distance from nearby Section corner. (Identity if well. spring, • pipeline. etc.) If diversion pours is a well, please provide the State Permit No. 1513257 'rkwzrP!,'r 't One etdatiog well and two or three new wells. S. ' Has Applicant applied with, the Water Court for water rights. change of water rights and/or a water right pian for augmentation? Yes. _ X No; if yrs, what is the Water Court Case No. 7. Proposed waste water treatment system: (please check) Tap to central waste water treatment facility X Septic tankllcachfieid system Evapotranspiration system Other: 8. Proposed use of water (please check) X DonbcsiicI ilnicipal (single family homr(s), tiupiex(s), conetorniuriurrr(s). mobilo ]to ne(s), apartment, hotel). Please complete page two of this application. Co:nmescial (officx. warehouse, restaurant, bar, retail). please complete page three of this application. Industrial (gravel pit, manvfscturing), Please complete page three of this application. Agricultural (crop irrigation, stock watering). Please complete page four of this application - Date on which the county or other applicable govenanental entities approved the land use for which you seek legal water service: * (Note: Copy of the Resolution of other documentation entation evidencing smelt approval should be submitted with applio. tign.) The undersigned acknowledges receipt of the District's form Water Allotment contract and agrees that this Application is made pursuant to the nems and conditions thereof. Signature Darc Basalt Weer Conservancy District Water Allotment Application Page 2 Please complete this page if you checked domardc/municipal use on Page 1. No• $ DOMESTIC/MUNICIPAL WATER USES MAR 0 31998 bVMY%r5:•i��,i i cb $TATE NUIMEEF COW.' 'lab= Single family residential homes) Number of Units: 4 Duplex(s) Number pf Units: Condonrit un(s) Number 0f Unita: HOteyApartmanl(s) Number of Units: 4* Mobil Horne(s) Number of Units: Detached caretaker unies ktiglic r (lawns. parks,. open space) Total area to be irrigated 6,900 Sq. Ft. or _ Acres Type 0 irrigation system (please check) Sprinkler Flood (irrigation ditch) (cattle, horses) Number of animals: 0 Period of use (months): Wile. User : An$ els Oats; Dfshicl Area: Same Series: Maximum Dement (1) Merdh ire -house Jamul ry 0.28+6 February 0.241 March 0286 ApUe 0.251 May 0,280 June 0258 July 0.368 August 0.266 September 0.258 October 0.286 November 0.258 December 0.266 TOTALS -} 3.136 MIKE )'IAMM€S SEPT. 28, 1997 A 1 (GPM) (CFS) eo 0.134 (2) Conii,erc iI Of Other 0.003 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0,000 0,000 BASALT WATER CONSERVANCY DISTRICT WATER REQUIREMENTS (acre reel) Total Demand (3) €4) (51 (6)' Lawn Crop Irrigation frdgation tMeslock TOTAL, 0.000 0.000 0.000 0.031 0.063 0.081 0.077 0.049 0.042 0.012 0.000 0.000 0.000 0.000 0.000 0000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0,000 0.000 0000 0.000 0.000 0.030 0.000 0.000 0.003 0.000 0,180 0,253 0.280 0270 0.336 0.35E 0.360 0.331 0.315 0.792 0.171 0.780 0.332 0.000 0.000 3.141 NUMBERCF RESIDENCES iK personsfrealdence iE gallons:person/day CommercialfOlher Demand (al) Sq. Ft. of Lawn irrigated Lawn Appika0on Rale (Iliac) Acres of Crop Irrigated Crop App3icalion Rale (allac) 'sage 2.400 0,00 0.000 Cri Deanne Cmtimplke Use (8) . (S)(10) (11) (t2)' {13) Commercial Lawn - Crop Source of or Ober Irrigation Irrigation Llvee*ock TOTAL Aegfiteplace x.010 0.030 3,031 0.003 0.040 0.000 0,069 0.000 0.040 0.000 0,034 0.000 0.040 0.000 0.040 0.000 0.038 0.000 0.040 0.000 0.039 0.000 0.040 0.000 0.000 0.000 0.000 i1042 0.000 0.000 0.000 1104e 0.000 0.000 0.000 0.042 0.001 0.000 0.000 0,047 0.051 0.000 0.000 01095 0.065 0.000 0.000 0.109 0.061 0.000 0.030 0.106 0.039 0.000 0.030 0.063 0.034 0.003 0.030 0.078 0.009 0.000 0.000 0.052 0.000 0000 0.000 0.041 0.000 0.000 0.000 0.042 0.470 0.000 0.286 0.000 0.000 0.773 (;5ao//if 6.7) 64-cr se•e/ A&A ewe RUE RUE RUE RUE RUE RUE RUE RUE RUE RUE RUB RUE (5) 0 of Lhreelock (A t10alslday (7) % CU for Domeetir. c nn ertbt (9) i4 Lawn !Mg. Efficiency Conaumpllonaf brig. (affat) (10) % Crop int. Efficiency Consumption of kri4. (eke) 14-10) Elevation (feet) '(5) (12) Total Includes 5% Transit Loss Uy ,n ._•,_ 0„,• ----) gEtr cz Cg0 ,f V CO 4 a 16 5 60 1920 80 0,000 1800 Pr, J • 1, f, R 0 1 1 U o MARL 2199 JOHN A_ THULSON EDWARD MULMALL, JR. SCOTT BALI oMB I AWRR-NCE. R_ GREEN TIMOTHY A. TWULSON LORI J. M. SATTERFIELD EDWARD B. OLsZEW5KI DAVID SANDoVAL DENDY M, HEISEL CHRISTOPHER L. COYLE IFI ID & GREEN, P.C. ATTEPRNEYR AT LAW (FORMERLY DELANEY Si BALcoMe. P.C.) P. 0. DRAWER 790 818 COLORADO AVErruE GLENWOOD 8P1UNGS, COLORADO 81002 VIA FACSIMILE: (303)-866-3589 AND U.S. MAIL Jeff Deatherage Office of the State Engineer Department of Natural Resources 1313 Sherman Street, Room 818 Denver, CO 80203, Telephone: 970.945.6546 Facsimile: 970.945.8902 March 10, 1999 ,y1n1L {r.% I'4,1Ll4 OF COUNSEL; KENNETH 9ALcOMB Re: Michael Hammes, Well Permit NM, 049664-F (Mike Well No. 2), 049665-F (Mike Well No. 1), and 049666-f (Mike Well No. 3) Dear Jeff: Balcomb & Green, P.C. represents Michael Hammes in his water rights matters. Michael Hammes currently owns the above -referenced well permits which were issued on April 8, 1998, and expire on April 8, 1999, This letter comes as a request for an extension of time to place the above - referenced wells to beneficial use. The above -referenced wells will serve four lots within what will be known as the Hammes Subdivision in Garfield County, Colorado, and are essential for providing a safe and reliable water supply for the Subdivision. The Applicant has not placed the wells to beneficial use because the Subdivision Application is still in the process of receiving County approval, and because no new homes have been completed on the lots to be served by the wells. However, the Hammes Subdivision should receive final approval within sixty (60) days, and Applicant believes the wells will be beneficially used within the next several months. Given the above, Applicant respectfully requests a one (1) year extension for Well Permit Nos. 049664-F (Mike Well No. 2), 049665-F (Mike Well No. 1), and 049666-F (Mike Well No. 3), Our extension fees in the amount of $180.00 are enclosed. CHECKS 104442582 631299 190.00 DIV OF tIATER RESOURCES BALCOMia di€ GREEN, P.C. ATTcnusrmvs AT LAW If you have any questions, please call me at your earliest convenience, Very truly yours, BALCOMB & GREEN, P.C. EBO:kjk Enclosure cc: Larry Green Mike and Lenore Hammes By STATE OF COLORADO OfFtCE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 878 Denver, Colorado 130203 Phone (303) 866-3581 FAX (303) 866-3589 NOTICE Roy Romer Governor James 3. Lochhearl Executive Director Hai Cr Simpson State Engincer Your request for an extension of time to complete the well and put water to beneficial use for well permit number F. has been received and reviewed, You are hereby given notice that the State Engineer has approved an extension of one year to (.9.00c) . A copy of the amended well permit is enclosed. PIease be advised that pursuant ?o Colorado Revised Statute 37-90-137(3)(a)(I), additional extensions cannot be approved. When water from the well has been put to beneficial use for the purpose(s) described on the permit, a Statement of Beneficial Use must be completed and submitted to the Division of Water of Resources. In order for the permit to remain valid, water from the well must he used and this office must receive the Statement of Beneficial Use by the expiration date of the permit. It is the well owner's responsibility to complete and submit the Statement of Beneficial Use. A Statement of Beneficial Use form was provided to the applicant when the well permit was issued. Additional forms are available from the Colorado Division of Water Resources offices. Well Construction Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. Well owners who construct their own well and/or install pumping equipment must submit these reports, Forms for reporting construction and pump installation are available from the Division of Water Resources offices_ • If you have any questions, please contact the Groundwater Information Desk of this office. Sent to owner on 3 BY 'eh) STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (303) 866-3581 FAX: (303) 866-3589 http://waterstatu.co.uskiefault.htrn Edward B. Olszewski Balcomb & Green, P.C. Post Office Drawer 790 818 Colorado Avenue Glenwwod Springs, Colorado 81602 Dear: August 8, 2000 RE: Well Permit Nos, 49665-F, 49666-F Your request for an extension of time to construct the referenced wells and put the water to beneficial use has been received and reviewed. Please be advised that permit numbers 49665-F, 49666-F will expire on April 8, 2000 . because you have already received one extension of one year for the permits, an additional extension cannot be approved pursuant to C.R.S. 37-90-137(3)(a)(I), if you still propose to construct the wells, new permits must be obtained. If the wells have been constructed but water from the wells will not be put to beneficial use prior to the expiration dates, new permits must also be obtained. Enclosed are well permit application forms for your use. The evaluation of new applications will be based on existing policies at the time of their evaluation. Therefore, the issuance of new permits, similar to the original permits may or may not be approved. The $60 fees that you paid with your extension requests will be applied to your new permit applications. If you have questions, please contact this office. Sincerely Alex Teitz Administrative Assistant Enclosure Bill Owens Governor Greg E, Walcher Executive Director Hal D. Simpson, P.E State Engineer Iractir ZEIJyjj ctvtv 11111111111111111111111111111111111111111111111 1111 1111 • 570972 10/18/2000 10:11A 01212 P945 M ALSDORF 1 of 5 0 25.00 D 0.00 GARFIELD COUNTY CO WELL SHARING AGREEMENT WELL PERMIT NO. 49666-F MIKE WELL NO. 3 A, PARTIES The parties to this Well SharingAgreement are Mike Hammes, Lenore Hammes and James N, Jensen. B. RECITALS The reason and purpose for entering into this Agreement is premised upon the following: WHEREAS, Mike and Lenore Hammes own 100% of the domestic well referenced in Well Permit No. 49666-F, also known as Mike Well No. 3. WHEREAS, the well was permitted for 15 gallons of waterper minute for domestic purposes for two single family dwellings and two caretaker units and irrigation of not more than 3,000 square feet WHEREAS, a re-application for the well permit is currently pending, which re- application lists Michael Hammes as the Applicant. WHEREAS, Mike and Lenore Hammes are currently the owners of Lot 3 and Lot 4 of the West Rimledge Subdivision as more particularly described on Exhibits A and B attached hereto. Mr. and N[rs. Hammes are in the process of selling Lot 4 of the West Rimledge Subdivision to James N. Jensen and desire to transfer an undivided one-half ep interest in the domestic well referenced in Weil Permit No. 49666-F in connection with the sale. L ts WHEREAS, after the nosing of Lot 4 and after Wei! Permit No. 49666 -Fie re -issued the parties desire to assign the Wel; Permittothe West Rirnledge Homeowner's Association subject to this Well Sharing Agreement. WHEREAS, the parties desire to reduce to writing their Agreement regarding said well. C. AGREEMENT The parties agree as follows: 1. The Redtals set forth above are true and correct and are incorporated herein. L.1 61.0.rr TO : 6'145012. -F gOrfe ga-1 egof--4e_ 63x-1 i—ky 133 C4,vhektdk , eat1623 Z 'd 66C9 'ON S3lRCH N?Slf AVO:ii OCCZ'L1'D0 1111111111111111111111111111111111111111111111111111111 570972 10/18/2000 10:11A B1212 P947 M ALSDORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO 2. Each of the parties may use the well for domestic uses on an equal basis. 3. Ownership and cost sharing of the well; The parties agree to share equally, all costs for common improvements and/or maintenance expenses for the well. 4. The parties shall assign the Well Permit to the West Rimledge Homeowner's Association after the closing of Lot 4 and after the Well Permit is re -issued. The assignment shall be subject to this Agreement, D. Mu uAL RELLea Each party hereto releases the other party from any damages and/or liability that may result from the water quality of the well, This Mutual Release shall run to the benefit of all the parties, their heirs, successors and assigns. E. DECISLQNS,171SPUTE,.AND AREaRATION The parties, their heirs, successors and assigns, shall make all decisions regarding repairs, maintenance, and common improvements of the well by mutual consent. In the event that the parties cannot agree on issues regarding the operation, maintenance or improvement of the well, the parties shall submit their dispute to binding arbitration, as provided for by Colorado law. The parties shall appoint as the sole arbitrator any appropriate member of a water engineering firm within the Roaring Fork Valley area. The arbitrator is empowered to make any legally proper ruling to resolve the dispute, including an award of damages, injunctive relief, or any other appropriate award, F. CO ENAI_+iTS RUNNING The parties, their heirs, successors and assigns, hereby agree that the Covenants contained in this Agreement are intended to.and shall run with their lands as described in Exhibits A and B attached hereto and incorporated herein by this reference, and may be assigned only in connection with simultaneous conveyance of the lands. G. COUNTERPARTS RPARTS This agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which, taken together, shall constitute on and the same document. Facsimile copies of the original signature shall be considered legal and binding. Wen Studng Agreement Wen Permit Na 69666.1 E 'd 66L9 'ON Page Z of 5 3NI S3WOH N3SN3f Wb'tr0 ll 000Z'Ll 'DO 1 111111 11111 111111 11111 11111 111111 11111 111 11111 1111 1111 570972 10/18/2000 10:I1A B1212 P948 M ALSOORF 3 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO This Agreement constitutes the entire Agreement of upon the patties hereto, their heirs, successorsasatheea dog er►d e ' EREOF, the p'rt 0 have opposite the name aI eid below Gare_ 100 IV M_ date /0 — /7 — 00 npow v+s„ i Web /Wait Rfa. a si s -p 8/[ •59d o49 got' AV40:11. 00/Cl/01 - 66L9DN r 4. 1111la 0L -Alk J fLY ! , ..1116 laLAMOTe H shall be binding and seals on the )aBae�! N. ] eR No as ittlir.MA7 1102 oao vas DNI S3h,0 N3SN3" AM:11 000/ 'Li '100 1111111111II 1111111111111111111111111111111111111111111 570972 10/18/2000 10:11A 51212 P949 11 RL500RF 4 of 5 R 25.00 0 0,00 GARFIELD COUNTY CO EXHIBIT A Lot 3 of the Westrirnledge Subdivision according to the final plat recorded in the records of the Garfield County Clerk and Recorder on October 5, 1999 as Reception No. 553272, d 66L9 'ON SNI S3AOH N3SN3r AVO: l l OOOZ '/[ '1�O OCT, 17. 2000 11:05AM JENSEN HOMES INC Na 6799 P. 6 uauda5ag se 666i `5 .m40430 Lye zapzosay P► xa �a�zna .ZLZESS '0N any papzosaz 4Eld Rug alp a Sunnosse uo?s!A!pgn5 aSpa Inp}saM NI Jo fr;OZ 2 .LIIIIID(g OD ALN00D a13IJ41:10 00'0 0 00'2Z 0 5 40 S 1 1111# W I Ned 11111 1,OT 11111#[II II l11111II11111111III 1111#II 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P 91154 P31 M ALSDORF 1 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS OF WEST RIMLEDGE SUBDIVISION Lawrence R. Green PO. Drawer 790 Glenwood Springs, CO 131e 11111fi 111fi 11111101111 111111111111111 11111111 1111111 553276 10/05/1899 04:46P 61154 P32 M AL5OORF 2 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO TABLE OF CONTENTS Page ARTICLE I. PURPOSE OF COVENANTS ARTICLE II. OWNERS —HOMEOWNERS ASSOCIATION 1 Membership 1 Purpose 1 ARTICLE III. USE RESTRICTIONS 2 Permitted Uses 2 Accessory Uses 2 Duplexes/Multi-Family Structures 2 Outbuildings 2 ARTICLE IV. ARCHITECTURAL COMMITTEE 3 Architectural Committee 3 Approval by Architectural Committee 3 Improvements — Site Location 4 Building Permit 4 Variances 4 General Requirements 5 Materials and Landscaping 5 Site Location 5 Fencing 5 Lighting 5 Requirements for Protecting Structures from Wildlife 5 Construction Specifications 6 Defensible Space 6 Preliminary Approvals 7 Architectural and Site Development Plans 7 Architectural Committee Not Liable 7 Written Records 7 Authority to Promulgate Rules and Regulations 8 ARTICLE V. RESTRICTIONS AND PROTECTIVE COVENANTS . 8 No Further Subdivision 8 Domestic Animals 8 HUM 11111 111111 111111 111 111111 111111 11111 11111111 553276 10/05/1999 04:45P 91154 P33 11 ALSD0RF 3 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO Underground Utility Lines 9 Service Yards and Trash 9 No Mining, Drilling or Quarrying 9 Domestic Water Wells 9 Individual Sewage Disposal System 10 Trees 10 Hunting 10 Prohibition Against Lawn Chemicals 10 ARTICLE VI. RESTRICTIONS ON LOTS 10 Number and Location of Buildings 10 Completion of Construction 10 Used or Temporary Structures 11 Enclosure of Unsightly Facilities and Equipment 11 Noxious or Offensive Activity or Sounds 11 Air Quality Restrictions 11 Firearms 11 Commercial Activities 11 General Restriction 12 ARTICLE VII. ACCESS TO SUBDIVISION 12 Primary Access 12 Emergency Access 12 ARTICLE VIH. COLLECTION OF ASSESSMENTS — ENFORCEMENT 13 Assessments 13 Lien for Nonpayment of Assessments 13 Enforcement Action 14 Limitations on Actions 14 ARTICLE IX. EASEMENTS AND OPEN SPACE 15 Easements Shown on Final Plat 15 Easements for Access and Repairs 15 ARTICLE X. INSURANCE 15 Types of Insurance 15 1 111111 11111 111111 111111 111 11 1111 11111 111 11111111(1111 653276 10/05/1999 04:46P 61154 P34 M ALSDORF 4 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE XI. GENERAL PROVISIONS 15 Declaration to Run 15 Termination of Declaration 16 Amendment of Declaration 16 Severability 16 Paragraph Headings 16 Limited Liability 16 1 111111 11111 111111 111111 111 1111111 11111 111 1111 111 1111 553276 10/05/1999 04:45P B1154 P35 M ALSOORF 5 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS FOR WEST RIMLEDGE SUBDIVISION THIS DECLARATION OF PROTECTIVE COVENANTS F R WEST RIMLEDGE SUBDIVISION is made and entered into this �2� ' day of 7} J 1•i( , 1999. ARTICLE I. PURPOSE OF COVENANTS This Declaration of Protective Covenants (the "Declaration") shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as West Rimledge Subdivision (the "Subdivision") consisting of four (4) Tots (the "Lots") as defined and described in the Final Plat (the "Final Plat") therefor recorded as Reception No. 55.3 2 7.1 in the Office of the Clerk and Recorder of Garfield County, Colorado. It is the intention of Michael N. and Lenore L. Hammes (hereinafter collectively the "Declarant"), expressed by their execution of this Declaration, that the lands within the Subdivision be developed and maintained as a highly desirable scenic residential area with a strong sense of security, neighborhood and community. It is the purpose of this Declaration to create rules and a decision making process to strengthen the community, to preserve the present natural beauty, character and views of the Subdivision to the greatest extent reasonably possible, and to always protect the Lots as much as possible with respect to uses, structures, landscaping and general development. This Declaration shall be a burden upon and run with all of the lands within the Subdivision. ARTICLE II. OWNERS — HOMEOWNERS ASSOCIATION 1. Membership. All persons or other entities (including without limitation the Declarant) who own or acquire the all or part of the fee simple title to any of the Lots by whatever means acquired shall be referred to herein as "Owners". Each person or entity who is the Owner of a respective Lot, or if more than one, all persons and entities collectively who are the Owners of a respective Lot shall be referred to herein as a "Member." Each Member shall automatically be considered to have, for each Lot such Member owns, one membership interest in West Rimledge Homeowners Association (hereinafter the "Association"), a Colorado non-profit corporation, in accordance with the Articles of Incorporation of the Association, which have been filed with the Colorado Secretary of State, as the same may be duly amended from time to time and also filed with the Colorado Secretary of State. Each Owner and Member shall be entitled to the privileges and obligations enumerated in this Declaration and in the Articles of Incorporation and the Bylaws of the Association, as the same now exist or as they may be amended from time to time. 2. Purpose. The Association shall be authorized and empowered to take each and every step necessary or convenient to the implementation and enforcement of this Declaration. The Association shall have the right and responsibility to maintain, preserve, repair, and otherwise Declaration of Protective Covenants West Rimledge Subdivision Page 1 of 17 111111111111111111111111111111111111111 11111111 11111 553276 10/65/1998 04:46P 61154 P36 M Rt.SOORF 6 of 21 R 105.710 D e .00 GARFIELD COUNTY CO protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, regulate and keep all roads and easements within the Subdivision and the access roads leading to the Subdivision in good, safe and usable condition to the extent that such may be reasonably necessary, feasible and desirable. The Association may own or co-own, operate, maintain, repair and replace the potable water system serving the Subdivision. The Association may enter into agreements with third parties for the maintenance, repair and upkeep of roads and accesses and the operation, maintenance, repair, and replacement of the potable water system. All costs and expenses incurred by the Association in connection with any of the foregoing shall be borne by the Members and shall be assessed, all as more fully provided herein. ARTICLE III. USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant or accessory thereto, shall be constructed on any Lot. The minimum size of a single- family dwelling shall be two thousand (2,000) square feet, exclusive of basements, open porches, decks, carports and garages. The maximum size of any single-family dwelling shall be twelve thousand (12,000) square feet, exclusive of basements, open porches, decks, carports and garages. 2. Accessory Dwelling Units. Accessory dwelling units shall be permitted on all Lots within the Subdivision in accordance with applicable provisions at the Garfield County zoning, subdivision and building regulations and shall be subject to the provisions thereof. The maximum size of an accessory dwelling unit shall be the smaller of three thousand five hundred (3,500) square feet or the size allowed at the time of construction by Garfield County in the applicable zone district, exclusive of basements, open porches, decks, carports and garages. The square footage of any such accessory dwelling unit shall not be included in the minimum or maximum amounts of square footage for dwelling units as provided in paragraph III.1 above. 3. Duplexes/Multi-Family Structures. Duplexes and multi -family structures are prohibited in the Subdivision. An accessory dwelling unit whether or not attached to a residential structure, shall not cause the structures on a Lot to be considered a duplex or multi -family structure. 4. Outbuildings. Auxiliary buildings such as greenhouses, tool sheds, work areas, detached garages and the like shall be permitted within the Subdivision, provided that no individual auxiliary building shall exceed one thousand two hundred (1,200) square feet, and provided further that the total square footage of auxiliary buildings on any single Lot shall not exceed one thousand eight hundred (1,800) square feet. No such auxiliary building shall exceed eighteen (18) feet in height at the ridgeline. No auxiliary building shall contain living facilities or be used as a dwelling unit but auxiliary buildings may include bathrooms. Declaration of Protective Covenants West Rimledge Subdivision Page 2 of 17 1111111 1111 111111 111111 III 1111 11111111 MIIII 1111 593274 10/65/1599 04:46P 01154 P37 M RLSDORF 7 of 21 R 105.00 b 0.00 GRRFIELD COUNTY CO ARTICLE IV. ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Committee shall be composed of three (3) natural persons. Prior to Declarant's sale of three (3) Lots, Declarant may from time to time appoint and remove the members of the Architectural Committee in Declarant's sole discretion, and the Board of Directors of the Association (the `Board of Directors") shall have no authority to remove any member so appointed. Upon the sale of the third (3m) Lot, any new members of the Architectural Committee shall be appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all times be three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Members. The Architectural Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument. The Architectural Committee shall not be obligated to have regular meetings, but shall meet as necessary to conduct the business of the Committee. All members of the Committee shall be provided at least ten (10) days advance notice of all Committee meetings. 2. Approval by Architectural Committee. No improvements of any kind, including, but not limited to, dwelling units, greenhouses, garages, tool sheds, work areas, fences, walls, driveways, towers, antennae, satellite dishes, kennels, exterior lighting, corrals, flagpoles, curbs and walks shall be constructed, erected, altered or permitted to remain within the Subdivision, nor shall any excavating, tree cutting and clearing or landscaping be done within the Subdivision, unless the complete architectural and site development plans and specifications (and such other items as are included in the "Plans" defined below) for such construction, alteration or landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by this Declaration or required to do by any subdivision improvements agreement between the Declarant and Garfield County. In particular, but without limiting the generality and scope of the foregoing, no roof may be placed on any structure unless the finished exterior material and color of such roof is specifically approved by the Architectural Committee. Revegetation of all infills and cuts will be required. Plans addressing the revegetation of infills and cuts shall provide for adequate weed control, the use of native grasses, shrubs or trees, and the use of certified, weed -free seed. Such plans will be submitted to the Architectural Committee prior to any excavation, and the Architectural Committee's approval of such plans shall be required before such excavation begins. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a grading and drainage plan, a soils and foundation report and an individual sewage disposal system (ISDS) design both prepared and certified by a professional engineer, and a fire management plan consistent with the provisions hereof arid Plat Note No. 10 of the Plat and approved by the Carbondale and Rural Fire Protection District, and a complete list of all finished exterior materials and colors to be used (collectively referred to herein as the "Plans"). All copies of the Plans shall be signed and dated for Declaration of Protective Covenants West Rimledge Subdivision Page 3 of 17 1 1111 11111 111111 111111 111 111111111111 111 11111 1I1I 1111 533278 10/05/1999 04:46P 81154 P3B Et PLSDORF S of 21 R 105.00 D 0.00 GARFIE!LD COUNTY CO identification by the Owner or his architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify additional information, reports, plans, specifications and the like required to be submitted to the Architectural Committee and to be deemed part of the Plans for all purposes hereunder. In the event the Architectural Committee fails to take any action within sixty (60) days after three (3) copies of the Plans have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove any Plans . The majority vote of the full number of members of the Architectural Committee then in office shall be required for any approvals described herein, but unless such majority votes to approve, the vote of two members of the Architectural Committee to disapprove shall constitute disapproval. In the event the Architectural Committee shall disapprove any Plans, the person or entity submitting such Plans may appeal the matter to the next annual or special meeting of the Members of the Association where a vote of seventy-five percent (75%) of the Members' votes entitled to be cast at said Members' meetings shall be required to change the decision of the Architectural Committee. 3. Improvements — Site Location. All structures or improvements shall be constructed within the approved building envelopes depicted on the Final Plat. No structures or improvements, other than fences or walks, shall be constructed on forty percent (40%) or greater slopes. There shall be a minimum defensible space as specified herein of forty-five (45) feet on the East and West sides and sixty (60) feet on the North and South sides of each dwelling unit within the subdivision. 4. Building Permit. An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, that the Plans approved by the Building Department shall not differ in any substantial way from the Plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. 5. Variances. Unless specifically prohibited by a provision of this Declaration, the Architectural Committee may, by an affirmative vote of a majority of the full numbers of members of the Architectural Committee then in office, allow reasonable variances as to any of the covenants and restrictions governing architectural control contained in this Declaration and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provision of this Declaration which was required by an approval obtained by Declarant from Garfield County for the Subdivision or which violates the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Owners. Notice to such Owners shall be deemed effective when placed in the United States mail, first-class postage prepaid, certified with return receipt requested, and addressed to the last known address for each Owner as provided to the Association. Declaration of Protective Covenants West Rimledge Subdivision Page 4 of 17 11111 11111 111111 111111 111 1111111 11111111 11111 11111111 553276 1/15/1999 04:45P 51164 P39 A ALSDORF 9 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO 6. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, alterations, excavating, tree -cutting and clearing and landscaping within the Subdivision harmonize (to the greatest extent possible) with the natural surroundings within the Subdivision and with other structures and improvements within the Subdivision as to design, materials, color, siting, height, grade, finished ground elevation of neighboring lots and other design features. a. Materials and Landscaping. The Architectural Committee shall evaluate, among other things, the materials and colors to be used on the outside of buildings or structures, and the harmony of landscaping and finished grade and floor elevation with the natural setting and the native trees and other vegetation within the Subdivision. It shall encourage "xeriscape" landscaping which emphasizes the use of indigenous foliage. b. Site Location. Subject to the provisions of paragraph IV,3 of this Declaration, the Architectural Committee shall exercise its judgment to preserve, the natural characteristics of each Lot including trees, vegetation, and the natural setting of each building site. The Architectural Committee shall evaluate the relationship of any proposed structure or improvement to topography, the viewsheds of and relationships to other existing or potential structures and improvements in the Subdivision. c. Fencing. Barbed wire and chain link fencing shall be prohibited. Only wooden fencing shall be permitted within the Subdivision, with limited exception pertaining specifically to gardens, kennels or other elements where a wooden fence would not serve the purpose desired such as to keep animals in an enclosed area or to keep wildlife out of an enclosed area and to areas in close proximity to the primary or secondary structure where a masonry fence or wall may be used in addition to wood to create privacy or to provide visual screening. The type and location of all fencing must be approved by the Architectural Committee. In consideration of allowing the free movement of wildlife through the Subdivision no fencing shall exceed forty-two (42) inches in height when located outside of the building envelope as shown on the Final Plat. Within said building envelope, fencing may exceed this height only as approved by the Architectural Committee for the purpose of providing privacy, screening, containing domestic animals or excluding wildlife. d. Lighting. The Architectural Committee shall consider exterior lighting plans and will require that all exterior lighting be directed downward and towards the applicant's property. It will also recommend that all Owners make every effort possible to limit the use of exterior lighting at night. It shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owners' respective Lot. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. 7. Requirements for Protecting Structures from Wildfire. Wildfire is afact ofnature, and nothing can guarantee that persons or property within the Subdivision will be free from injury or damage due to wildfire. The requirements of this paragraph IV.7 and paragraph IV.3 above are Declaration of Protective Covenants West Rimiedge Subdivision Page 5 of 17 1 111111 11111 111111 111E1 111 III 11111I 1111 553276 10/05/1999 04 46P 81154 P40 {1 PLSDORF 10 oP 2i R 105.00 0 0.00 GARFIELD COUNTY CO intended to reduce the risk of damage or injury from wildfire from information available as of the date hereof without representation or warranty of any kind. All structures shall be designed and constructed in a manner to minimize the possibility of ignition from wildfire. The following design criteria shall be required for construction in the Subdivision. a. Construction Specifications. 1) Roofs: Roof construction and materials shall meet a fire resistance classification of "Class C" (as defined in the Uniform Building Code) or its equivalent. 2) Vents: Undereave vents shall be located near the roof line rather than near the wall to prevent flames from entering the house through these openings. The vents shall be screened with corrosion resistant, noncombustible wire mesh with the mesh not to exceed, on a nominal basis, 1/4 inch in size. 3) Decks: Upper level decks or other similar overhangs on the south (downhill) side of dwelling units shall not be allowed within the Subdivision. 4) Glazed Openings: Dual pane or triple pane glazing or its equivalent is recommended on all glazed openings. 5) Chimneys and Flues: Chimneys and flues which serve solid fuel appliances shall be provided with an approved spark arrester. b. Defensible Space. Defensible space is defined as an area surrounding a structure where certain modifications have been made and restrictions imposed to reduce or eliminate the presence of flammable material. Minimum defensible space for the Subdivision is set forth in paragraph N.3 herein. The Colorado State Forest Service recommends downslope fuel modification for a distance of one hundred feet or more for structures located at the top of steep slopes. The following fuel modification procedures shall be followed in the creation of a defensible space. Large native trees, shrub groups and clumps of small trees within the defensible space should be thinned to provide 10 feet of separation between the vegetation canopies. New plantings should be placed to maintain 10 feet of separation of the vegetation canopies at the mature growth of the plantings. Grasses within the defensible space should be mowed to 4 inches or less. Declaration of Protective Covenants West Rimledge Subdivision Page 6 of 17 11111111 11111 111111 1 1111 111 1111 111 1 11110 553276 10/05/1999 04:45P 01154 P41 h ALSOORF 11 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO All trees taller than 18 feet should have lower branches pruned to a height of 6 feet. Shrubs and trees should be thinned along driveways to assure access by emergency vehicles. If not enclosed within a fire resistant structure, woodpiles should not be located within 30 feet from any structures, and flanunable vegetation should be cleared for a distance of 10 feet around any woodpile. Construction materials, leaves and flammable debris should be removed from the defensible space. Leaves and debris should be removed from roofs at least once a year. Branches should be separated from chimneys by at least 10 feet. All liquid propane gas tanks should be buried. 8. Preliminary Approvals. Lot Owners who anticipate constructing or modifying structures or improvements on a Lot or excavating, tree -cutting and cleaning or landscaping on a Lot may submit preliminary sketches or plans thereof to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete Plans to allow the Architectural Committee to act intelligently in giving an informed preliminary approval or disapproval. The Architectural Committee shall never be committed or bound by any preliminary or informal approval or disapproval. The preliminary approval process is offered as an accommodation only, and the Architectural Committee may set fees for this service. 9. Architectural and Site Development Plans. The Architectural Committee shall disapprove any Plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by this Declaration. 10. Architectural Committee Not Liable. Neither the Architectural Committee nor any member thereof shall be liable for damages to any person or entity submitting any Plans for approval, or to any Owner or Owners of Lots, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such Plans. Neither the Architectural Committee nor any member thereof shall have any liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by this Declaration and any rules or regulations duly adopted by the Architectural Committee pursuant to this Declaration. 11. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set Declaration of Protective Covenants West Rimledge Subdivision Page 7 of 17 1 111111 11111 111111 111111 1111111 11111 111 111111 111 1111 553278 10/05/1993 04248P 81154 P42 M ALSDORF 12 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO of the finally approved Plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this Declaration. 12. Authority to Promulgate Rules and Regulations. The Architectural Committee may promulgate and adopt rules and regulations necessary to implement this Declaration. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, alterations and the like. ARTICLE V. RESTRICTIONS AND PRO'T'ECTIVE COVENANTS 1. No Further Subdivision. No Lot shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat; provided, however, that conveyances or dedications of easements, if approved by the Architectural Committee, maybe made for less than the full dimensions of a Lot. Notwithstanding the foregoing, a lot line adjustment between two (2) Lots shall be allowed, subject, however, to any reviews or approvals that may be required by the Garfield County Land Use Code and the prior approval of the Architectural Committee. 2. Domestic Animals. Except as expressly limited herein, domestic animals such as dogs, cats, rabbits, caged birds and fish shall be permitted subject to any rules and regulations which may be promulgated by the Board of Directors. The open pasturing of horses shall not be allowed within the Subdivision; however, horses may be kept in a stable and small corral upon a Lot in the Subdivision. Other livestock such as cattle, llamas, goats, pigs, sheep, chicken and other poultry shall not be permitted within the Subdivision. The Owner of each Lot shall be entitled to keep a maximum of one (1) mature dog. A mature dog shall be considered to be any dog older than four (4) months old. The neutering of dogs is strongly encouraged. Dogs shall be kept under the control of the Owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the respective Owners' Lot or within the area of any access, roadway, drainage or open space easement within the Subdivision shown on the Final Plat unless accompanied by aperson in full control of such dog. Dogs shall be leashed, chained, fenced, electrically kenneled or housed at all times. The Association shall have the right to assess and enforce penalties against Owners violating these restrictions applying to dogs as specified in rules and regulations promulgated by the Board of Directors. Should any dog be found chasing any or molesting deer or, elk or any domestic animals, or livestock of any Owners other than the Owner of the dog in question, the Association shall be authorized to prohibit the Owner from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other Owners' domestic animals or livestock. Declaration of Protective Covenants West Rimledge Subdivision Page 8 of 17 111111 1111 111111 111111 111 1111111 111111111 1111111 553276 10/05/1999 04 46P 81164 P43 11 ALSOORF 13 of 21 R 105,00 D 0.00 GARFIELD COUNTY CO Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects and waste at all times. No commercial animal breeding activities of any kind shall be permitted within the Subdivision. Notwithstanding the foregoing, no animal(s) maybe kept on or within a Lot (whether or not within a structure) which, in the good faith judgment of the Board of Directors, result(s) in any annoyance or are obnoxious to Owners or other residents in the vicinity of the Subdivision. 3. Underground Utility Lines. All water, sewer, gas, electrical, telephone, cable television and other utility pipes or lines within the limits of Subdivision, except for those in existence as of the date hereof and providing service to the existing dwelling unit located on Lot 2 of the Subdivision, shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the respective Owners causing the installation of the utilities no later than the next growing season following installation. 4. Service Yards and Trash. Equipment, service yards or storage piles on any Lots may be permitted during construction if they receive Architectural Committee review approval. Otherwise, no lumber, metals, equipment or bulk materials shall be kept, stored or allowed to accumulate outside on any Lot. All scraps, refuse and trash shall be removed from all Lots, shall not be allowed to accumulate and shall not be burned thereon. 5. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of the Subdivision. 6. Domestic Water Wells. Domestic water service for the subdivision shall be provided by three individual water wells properly permitted under Well Permit Nos. 49664-F, 49665-F, and 49666-F. At all times the Owners of Lots within the Subdivision and the Association shall comply with all conditions of said Well Permits. No later thirty (30) days from the date of recording this Declaration, the Declarant shall assign the aforesaid Well Permits and Basalt Water Conservancy District Allotment Contract No. 299 which provides augmentation water for such wells to the Association. From and after the date of such assignment, the Association shall be responsible for all charges due the Basalt Water Conservancy District under Allotment Contract No. 299 as provided in said Contract and Order Granting Allotment Contract No. 299. The Association is hereby granted the authority and obligation to accept such assignment of the Well Permits and Allotment Contract No. 299 and to enforce all terms and conditions contained in said Well Permits and said Allotment Contract. Notwithstanding such assignment, the Owners of the Lot(s) receiving service from a particular well shall be responsible for all costs associated with drilling, operating, maintaining, repairing, and replacing the well which provides service to that Owner's Lot, including reimbursement to the Association of fees paid by the Association to the Basalt Water Conservancy District. In the event that any Owner shall fail to reimburse the Association such fees, or shall Declaration of Protective Covenants West Rimledge Subdivision Page 9 of 17 i 111111 11111 111111 111111 1111111 IN 111 111111 111 11 11 533276 10/05/1998 04:46P 81134 P44 tt ALSDORE 14 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO otherwise fail to properly maintain and repair any well, the Association shall have the authority to pay such fee or to maintain or repair such defective well and assess the cost thereof against such Owner as a special assessment in accordance with the provisions of Article VIII of this Declaration. 7. Individual Sewage Disposal Systems. Sewage disposal for the Subdivision will be by Individual Sewage Disposal Systems (ISDS), typically a septic tank and leach field for each dwelling unit. Each ISDS shall be designed and constructed in accordance with Garfield County and State of Colorado regulations in effect at the time of construction. Each ISDS shall be designed and located to minimize tree removal and changes to the natural contours of the land. Responsibility for construction, operation and maintenance of each ISDS shall rest with the individual Lot Owner, and such system shall be maintained in accordance with applicable regulations of Garfield County and the State of Colorado. At a minimum, each septic tank shall be pumped at least every three (3) years. In the event that any Owner shall fail to properly maintain and repair the ISDS serving that Owner's lot, the Association shall have the authority to maintain or repair such defective ISDS and assess the cost thereof against such Owner as a special assessment in accordance with the provisions of Article VIII. of this Declaration. 8. Trees. No Owner shall remove any healthy, living trees without first having obtained the approval of the Architectural Committee. All construction, landscaping and development on any Lot shall seek to minimize the removal of trees and maximize the preservation of trees to the greatest extent possible consistent with requirements for a defensible space, and wildlife protection and the reasonable immediate plans of the Owners of the respective Lot to improve, develop or redevelop it. 9. Hunting. Hunting shall be prohibited within the Subdivision. In the event of conflict with wildlife on a Lot, the Lot Owner shall contact the Colorado Division of Wildlife to determine appropriate measures to mitigate the conflict. Wildlife which constitutes a nuisance may only be removed or destroyed upon the approval of the Association and only in a manner approved by the Colorado Division of Wildlife. 10. Prohibition Against Lawn Chemicals. The application of chemicals to Iawn grasses within the Subdivision to control weeds, pests or for any other purpose, is strictly prohibited. ARTICLE VL RESTRICTIONS ON LOTS 1. Number and Location of Buildings. No buildings or improvements of any kind shall be placed, erected, altered or permitted to remain on any Lots except as approved by the Architectural Committee. 2. Completion of Construction. Any construction activity on any Lot shall be completed, fully cleaned up and landscaped within eighteen (18) months from the issuance of a building permit, unless the Owner of the Lot shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a Declaration of Protective Covenants West Rimledge Subdivision Page 10 of 17 111E1111111110111111111111111111111111111111111 553278 10/05/1599 04:4BP B1154 P45 M ALSOORF 15 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Board of Directors may assess penalties in any amount it deems appropriate. 3. Used or Temporary Structures. Except within an enclosed garage, no used or previously erected or temporary house, structure, mobile home, manufactured home, or trailer shall not be interpreted as a general prohibition of modular construction. Furthermore, the foregoing prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction or until the issuance of a Certificate of Occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office and storage purposes and shall not be occupied as a residence for any period of time. 4. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including, but not limited to, those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, camper, recreational vehicle, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or garden equipment and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any propane or other fuel storage tanks shall be buried. Any storage piles, refuse or trash containers, utility meters or other facilities, shall be enclosed within a structure or appropriately screened from view by plantings or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets and private roads. 5. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be carried on upon any portion of the Subdivision at any time, nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereby by sight or sound, provided that the Board of Directors may authorize the use of sound and sound devices to control or mange wildlife, livestock or domestic animals. 6. Air Quality Restrictions: In order to protect against the degradation which occurs to air quality as a result of the utilization of wood -burning devices, the following restrictions apply: a. No open hearth solid fuel fireplaces will be allowed anywhere within the Subdivision, except as the same may exist as of the date hereof within the existing residence on Lot 2. b. All dwelling units within the Subdivision will be allowed an unrestricted number of natural gas burning fireplaces or appliances. c. All dwelling units within the Subdivision will be allowed one (1) new wood - burning stove as defined by Colorado Revised Statutes 25-7-401 et seq., and the regulations promulgated thereunder. 7. Firearms. The discharge or shooting of firearms is prohibited in the Subdivision except as may be permitted by rules and regulations adopted by the Board of Directors. Declaration of Protective Covenants West Rimledge Subdivision Page 11 of 17 1111111 UM 1111111111 111 1111 HEM 111111 1114111 553276 10105/1899 04:46P B1154 P46 11 ALSDORF 16 of 21 R 105.00 D 0.00 GARFIELD COUNTY C❑ 8. Commercial Activities. Neither the conduct of any commercial activities nor the storage of materials, goods, equipment and other items used or associated with commercial activities shall not be permitted on any Lot; provided, however, that personal vehicles with a business name placed thereon shall not be prohibited and Owners shall be permitted to maintain an office on their respective Lots so long as services are not provided which result in the public coming to such Lot on a regular basis. 9. General Restriction. All Lots shall comply with restrictions contained in any other section of this Declaration. The Board of Directors may adopt, promulgate and enforce rules, regulations necessary or advisable to implement or interpret the provisions of this Declaration. ARTICLE VII. ACCESS TO SUBDIVISION 1. Primary Access. Primary access to the Subdivision from Garfield County Road 100 is along a private road, known as Rimledge Road. The costs of maintaining Rimledge Road are shared by all users of the road pursuant to a Road Maintenance Agreement recorded in the records of Garfield County at Book , Page (hereinafter Road Maintenance Agreement). The Owners of all lots within the Subdivision shall become and are hereby declared to be parties to the Road Maintenance Agreement. Each Owner of a lot within the Subdivision hereby agrees to pay his or her pro rata share of the costs of maintenance and upkeep of Rimledge Road as stated in the Road Maintenance Agreement. In the event that any Owner shall fail to pay his or her share of the cost of road maintenance for Rimledge Road as levied in accordance with the Road Maintenance Agreement, the Association shall have the authority to pay such cost on behalf of such defaulting Owner and assess such cost as a special assessment to such Owner in accordance with the provisions of Article VIII. of this Declaration. 2. Emergency Access. In accordance with conditions of approval for the Subdivision imposed by Garfield County Declarant has obtained a perpetual easement for emergency ingress to and egress from the Subdivision across Lot 1 of the Subdivision and then over and across an existing emergency access road through Lot 5 of Wooden Deer Subdivision which is contiguous to said Lot l to the West. Declarant shall construct an approximately twelve foot wide roadway consisting of approximately six inches depth of three inch roadbase material upon this casement. The purpose of said roadway is expressly limited to, and said roadway may only be utilized as ingress to or egress from the Subdivision in an emergency tire or medical situation when the primary access is impassable. This emergency ingress/egress road shall require periodic maintenance, including some snowplowing, if it is to remain passable and provide the intended emergency access. The Association shall be responsible to maintain and repair such emergency access road, and the costs associated therewith shall be a common expense assessed against the Owners of all lots within the Subdivision as provided in Article VIII. of this Declaration. It is also intended and agreed that owners of Lots within Wooden Deer Subdivision have the right to utilize this emergency access easement in the event of the need for emergency ingress/egress to and from Wooden Deer Subdivision. Declaration of Protective Covenants West Rimledge Subdivision Page 12 of 17 111111 11111 111111 111111 111 1111111 11111 111 111111 111 1111 553276 10/05/1999 04 46P B1154 P47 M ALSDORF 17 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE VIII. COLLECTION OF ASSESSMENTS — ENFORCEMENT 1. Assessments. All Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses and costs of maintaining, repairing and plowing of roads within and accessing the Subdivision, including the emergency access road described in paragraph Vll.(2) hereof; expenses of the Architectural Committee; and insurance, accounting and legal functions of the Association. The Board of Directors may establish contingency and reserve funds necessary to satisfy the maintenance of the Association's obligations and to fund any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his prorata portion of these funds. As used herein, an Owner's prorata portion of common expenses shall mean a fraction formed by the number of Lots purchased and held by the Owner (numerator) and the number of Lots in the Subdivision (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with this Declaration, the Articles or the Bylaws of the Association, as may be necessary or advisable. Such special assessment shall be paid for by the Owner(s) obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. 2. Lien for Nonpayment of Assessments. All sums assessed by the Board ofDirectors, any fines which may be levied on an Owner, and unpaid utility fees and assessments charged to an Owner, shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: a. tax and special assessment liens on the Lots in favor of any governmental assessing unit; and b. all sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. Each Owner hereby agrees that the Association's lien on a Lot for assessments as herein above described shall be superior to the homestead exemption provided by Colorado Revised Statutes §38-410-201, et seq. , and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. Declaration of Protective Covenants West Rimledge Subdivision Page 13 of 17 1 111111 11111 111111 111111 III 1111111 11111 III 111111111 1111 553276 10/05/1999 04:46P B1154 P48 M ALSDORF 18 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board of Directors. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the of the Lot and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for Fling the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the Lot at foreclosure sale and acquire and hold, lease, mortgage and convey the same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. 3. Enforcement Action. The Association, acting by and through its BoardofDirectors, shall have the right to prosecute any action to enforce the provisions of all of this Declaration by injunctive relief, en behalf of itself and all or part of the Owners. In addition, each Owner and the Association shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of this Declaration. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be en ti tied to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to he determined from time to time by the Board of Directors but not to exceed one and one-half percent (1'/2%) per month. After thirty (30) days' written notice to any Owner of a violation of this Declaration and the Owner's failure to eliminate or cure said violation, the Association may levy. in addition to the other remedies set forth herein, a penalty of up to One H undred Dollars ($100.00) per day for every day the violation exists or continues after the expiration of said thirty (30) day period. 4. Limitations on Actions. In the event any construction, alteration or landscaping work is commenced upon any of the Lots in violation of this Declaration and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one (1) year limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. Declaration of Protective Covenants West Rindedge Subdivision Page 14 of 17 1 1111111 11111 111111 111111 111 1111111 11111 111 111111 111 1111 593276 1D/05/1999 04:4SP 61154 P49 M PLSOORF 19 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE IX. EASEMENTS AND OPEN SPACE 1. Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. The Association shall have no obligation to pay any amount for the use and enjoyment of such easements. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 2. Easements for Access and Repairs. The Association shall be entitled to an easement across any of the Lots within the Subdivision for the purposes of accessing any of the Association's property, protecting any Association property, making necessary repairs and investigating and responding to emergency circumstances. The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of this Declaration. ARTICLE X. INSURANCE 1. Types of Insurance. The Association may obtain and keep in full force and effect the following insurance coverage: a. Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. b. Coverage for members of the Board of Directors and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. c. General liability and property insurance. d. Coverage against such other risks of a similar or dissimilar nature as the Board of Directors deems appropriate. ARTICLE XI. GENERAL PROVISIONS 1. Declaration to Run. All of the covenants, conditions and restrictions contained in this Declaration shall be a burden on the title to all of the lands in the Subdivision, the benefits thereof shall inure to the Owners, and the benefits and burdens of all said covenants, conditions and restrictions shall run with the title to all of the lands in the Subdivision. Declaration of Protective Covenants West Rimledge Subdivision Page 15 of 17 1111111111111111111111111411III11i 111111111III111111111 353276 10/09/1999 04:46P 91134 P50 M AL509RP 20 of 21 R 103.00 0 0.00 GARFIEL0 COUNTY CO 2. Termination of Declaration. In the event this Declaration has not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, this Declaration may be terminated on January 1, 2025, by a vote of seventy-five percent (75%) of the votes entitled to be cast by the Members of the Association at a meeting of the Members duly held. If this Declaration is not so terminated, then it shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, this Declaration is terminated by a vote of seventy-five (75%) of the votes entitled to be cast by the Members of the Association at a meeting of the Members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. 3. Amendment of Declaration. This Declaration may be amended by a vote of seventy-five percent (75%) of the votes entitled to be cast by the Members of the Association, said vote to be cast at a meeting of the Members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. 4. Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Declaration. 5. Paragraph Headings. The paragraph headings within this Declaration are for convenience only and shall not be construed to be a specific part of the terms hereof. 6. Limited Liability. The Association and the Board of Directors shall not be liable to any part for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board of Directors against loss resulting from such action or failure to act if the Association and the Board of Directors acted or failed to act in good faith and without malice. Declaration of Protective Covenants West Rimledge Subdivision Page 16 of 17 1111111 11111 1 1011 1 11111 111 1111111 11111 111 1111111 111 111 553276 10/05/1999 04.46P 61154 P51 M RLSDORF 21 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, this Declaration of Protective Covenants r West Rimledge Subdivision has been executed as of the day and year first above ritten. MICHAEL N...HAMMES LENORE L. HAMMES STATE OF COLORADO )ss. COUNTY OF �nr-c',pf d i c foregoing instrument was acknowledged and swom to before me this l) day of MICHAEL N. HAMMES and LENORE L. HAMMES. Witne-:�� hand and #01Cp. / Y Address: '+STS! r{ --- My commission expi c:\wµdocUg\h.m n s\ .. 155.99 Declaration of Protective Covenants West Rimledge Subdivision al seal. ant itilA `otary Pub +� 818 Colorado Avenue i� Glenwood Springs, CO 81601 My Commission expires April 28, 2001 Page 17 of 17 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239324300413 Not available CARBONDALE 239324305002 5363 100 COUNTY RD CARBONDALE 239324405003 100 COUNTY RD CARBONDALE 239324405004 5354 100 COUNTY RD CARBONDALE 239325100153 5351 100 COUNTY RD CARBONDALE CRYSTAL SPRINGS LAKE RANCH LLC HAMMES, MICHAEL N & LENORE L TRUSTEES OF HAMMES FAMILY TRUST 3/8/ 2012 KREAGER, RANDALL & NANCY LUPLOW, ROLLAND E II & ANDREA M R045080 1700 COUNTY ROAD 103 CARBONDALE, CO 81623 R005429 5363 COUNTY ROAD 100 CARBONDALE, CO 81623 R005430 R005431 PETERS, GREGORY N & BRENDA R011321 239325400265 404 104 COUNTY BLUE, DOLORES (DEE) B RD CARBONDALE REVOCABLE TRUST 15815 W PORTAGE RIVER SOUTH ROAD ELMORE, OH 43416 758 HIGHWAY 46 SOUTH DICKSON, TN 37055 5351 COUNTY ROAD 100 CARBONDALE, CO 81623- 8812 R111584 404 COUNTY ROAD 104 CARBONDALE, CO 81623 CGarfield County Garfield County Land Explorer Garfield County, Colorado H 7 239324100393 239324107003 u 239118300162 239119300046 239324400415 239325300158 239325400265 4944, 19 239119300047 239119300048 239130202002 239119402001 239130202005 239130202004 239130202003 30 239130300036 239130300035 Garfield County Land Explorer Printed by Web User 1 inch = 1,505 feet 1 inch = 0.28 miles 0.2 0.4 0.8 Miles Garfield County Colorado Garfield County www.garfield-county.com Colorado Disclaimer This is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing is to be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. © Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 4/20/2018 at 11:29:54 AM MINERAL OWNERS RESEARCH In accordance with the LUDC Section 4-101(E) (1) (b) (4) the applicants have researched their property using the steps provided by the Garfield County Attorney's Office Memorandum on Mineral Interest Research and found no active mineral interest owners. The applicants have reviewed the current ownership deed for the property, reviewed the title insurance policy, checked at the Assessor's office, checked at the Clerk and Recorder's computer under Section, Township, Range, and Notice of Mineral Estate Ownership and found no active mineral interest owners. :West Rimledge Subdivision, Lot #3 '' �'..,+• �'" - • r trr '.J 1 . •r . F I r I Y r . r ,t ✓ ' r r C7• ▪ I • . F. P. J. r f r -rrr .7 * r .fir-• aijrgir N West Rimiedge Subdivision, Lot #3 ; :, ►:.r len._ •- �'. n.'�.... '=�' . may=,/r . .r / / ti r +- N 7 7 7 7 7 -----/ / / 7 / / 7 77 // ' 77 77 'F\CNF2 FUFC'2CA,/ / C MIVL,3GF WA3'0 3 77 77 ...-- ...----- _.__ •-/ i / �2\2'O OVIGI\AU 5 ___ •1A / / / „- ' --- v 7777 7777 AF° ;AFC0\54.1FC\fCIOH\\615A\ 3 / i 6 7I'� / /..-4„--_-„:**----- COMI91,F ' / / /i/ 7 / / / 7/ / 77 / / / 7 / - / \.7 / /7 / 1/1/F1,1, / / / I / / / / 7 7 1 / / 7 / / 77 / 7 7 / WA VII\F / /77 / - -. /� . // /� / /7 / / / / / 7 / / U 100 MMI,F3g 190A3 77 -0---' 7 „/ /// -/67-2 ' ' / / ,// / • 7 •-- ' // // / 'i ..„..„ ,__ /�// / \ / 7 / / / / / --/ // 7 7 / 77 / �/ /7 / / / '�i / / / / �/. / /I/ /. / / / -/ / / / / -/// / / / / / -/ / I / / // / \/• -// -- �/, / / /// �/ __ __ __6729_ 7-7�, / I //// / / /- „„ 5F191 -IC A\ 3 / / �' \/(/ '/ / / ,ASU UOCA,/ -___ __._ ____ ___ __- - ///\ /// 36 FOA3 ...-- ....--....- ....- ....- 21C V01// S,-I9AI?A'- UFACH �IfU HOU5 A\ 50U' - WH \ 30U\ / \ ----- / I / / 1 ,,' I I _i� , r \ \I . \ .--- / __- \ ____---- .--- \ 0 ___-- ___-- ___-- - 0 - - - \ \ \ ------ - (%----- r---- i '�,, _L / \ _ __�__ / \ , / / / 7 7 7 7 7 7 7 7 7 7 7 7 7 7 / / / / / / / ------------------ /------------------- / / / / / / / ( I / i / / / 7 / / / / / / /I( ,�� I I ` / / / I \� , / / / I `� / I / / \\ N / / 7 / 7 7 7 7 7 7 7 7 N 7 7 6? 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 / / / 7 7 7 7 7 7 7 7 7 7 7 / 2 OF I MUS /Af?1-5 3VIVFWAY 1-0 3 OCA I\ -15 a\�2AU MFA X151 -1\G CO\1'OUV 5 WA7- A\3 ftC11?ICA/ 11Q \CNI \G UOCA1"10\5 03 HOU5 UOCA 3UIU21 A\3 A2U ;SWI \G \ 1-03, 0 0 GI1 GRADING AND DRAINAGE The proposed ADU will have a 30' x 56' footprint and construction will be carried out as follows: 1. The proposed ADU will be located on the higher terrain within the building envelope. A flat pad site will be created where the ADU will be located. The elevation of the pad will be set so that for at a minimum of 10' in every direction from the ADU the grade will drop at least 6" in 10' creating positive drainage in every direction. 2. All other drainage paths on site will be directed away from the ADU 3. The landscaping around proposed unit is made up of natural grasses and wild flowers. Reclamation after grading will be contained to a small area and will include xeriscaping, which will be an improvement to current conditions. A concerted effort will be made to preserve as much the native flora on site as possible and create the minimum amount of disturbance to the site. 4. Soil erosion, sediment control, grading, drainage, and site stabilization will be addressed by the general contractor at time of excavation in accordance with standard building requirements and should be of minimal difficulty due the gentle slopes on the property. 5. The small footprint of home indicates a minimal amount of disturbance to the surrounding environment IMPACT ANALYSIS 4-203(G) 1. Adjacent Land Use. Home within 1500 feet are a mix of residential single family with and without ADU's and rural uses. 2. Site Features. The site consists of gentle sloping land to the north with open field on the north side for the road and a juniper and pinion pines. There are no lakes nor flooding hazards. 3. Soil Characteristics. Soils consist of Empedrado loam, 12 to 25 percent slopes on the north side of the road and Gypsum land-Gypsiorthids complex, 12 to 65 percent slopes to the south side of the road. 4. Geology and Hazard. There are no geological or manmade hazards present. 5. Groundwater and Aquifer Recharge Areas. The proposed ADU sits well above the local floodplain. The nature of soils will be addressed in percolation tests for OWTS permitting. The only slope grater than 20% is outside of the building envelop by 45ft and slopes away. 6. Environmental Impacts. As there is half of a driveway already in place and the trees are far a part impact to the ground and flora will be kept to a minimum. For fire mitigation it is preferable to the applicants to trim branches to the minimum height and only cull trees when absolutely necessary. Fencing will be minimal as to not disturb any existing wildlife patterns. No radiation hazards have been noted from the county. 7. Nuisance. There will be no impacts on neighboring properties from dust or vapors as neighbors are not close. Some noise may come from diesel engines during the excavation phase. It should be noted that neither neighbor lives in their homes as their primary residence. 8. Hours of Operation. Hours will be during normal permissible work hours with some work being on the weekends. 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P B1154 P31 M ALSDORF 1 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS OF WEST RIMLEDGE SUBDIVISION Lawrence R. Green P.O. Drawer 790 Glenwood Springs, CO 81602 111111111111111111111111 111 111111111111 111 11111 11111111 553276 10/05/1999 04:46P 81154 P32 M ALSDORF 2 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO TABLE OF CONTENTS Page ARTICLE I. PURPOSE OF COVENANTS 1 ARTICLE II. OWNERS — HOMEOWNERS ASSOCIATION 1 Membership 1 Purpose 1 ARTICLE III. USE RESTRICTIONS 2 Permitted Uses 2 Accessory Uses 2 Duplexes/Multi-Family Structures 2 Outbuildings 2 ARTICLE IV. ARCHITECTURAL COMMITTEE 3 Architectural Committee 3 Approval by Architectural Committee 3 Improvements — Site Location 4 Building Permit 4 Variances 4 General Requirements 5 Materials and Landscaping 5 Site Location 5 Fencing 5 Lighting 5 Requirements for Protecting Structures from Wildlife 5 Construction Specifications 6 Defensible Space 6 Preliminary Approvals 7 Architectural and Site Development Plans 7 Architectural Committee Not Liable 7 Written Records 7 Authority to Promulgate Rules and Regulations 8 ARTICLE V. RESTRICTIONS AND PROTECTIVE COVENANTS 8 No Further Subdivision 8 Domestic Animals 8 1 111111 11111 111111 IIIII iii 1111111 11111 111 11111 1111 1111 653276 10/05/1999 04:46P B1154 P33 M ALSDORF 3 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO Underground Utility Lines 9 Service Yards and Trash 9 No Mining, Drilling or Quarrying 9 Domestic Water Wells 9 Individual Sewage Disposal System 10 Trees 10 Hunting 10 Prohibition Against Lawn Chemicals 10 ARTICLE VI. RESTRICTIONS ON LOTS 10 Number and Location of Buildings 10 Completion of Construction 10 Used or Temporary Structures 11 Enclosure of Unsightly Facilities and Equipment 11 Noxious or Offensive Activity or Sounds 11 Air Quality Restrictions 11 Firearms 11 Commercial Activities 11 General Restriction 12 ARTICLE VII. ACCESS TO SUBDIVISION 12 Primary Access 12 Emergency Access 12 ARTICLE VIII. COLLECTION OF ASSESSMENTS — ENFORCEMENT 13 Assessments 13 Lien for Nonpayment of Assessments 13 Enforcement Action 14 Limitations on Actions 14 ARTICLE IX. EASEMENTS AND OPEN SPACE 15 Easements Shown on Final Plat 15 Easements for Access and Repairs 15 ARTICLE X. INSURANCE 15 Types of Insurance 15 1111111 11111 111111111111 111 111111111111 111 11111 11111111 553276 10/05/1999 04:46P B1154 P34 M ALSDORF 4 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE XI. GENERAL PROVISIONS 15 Declaration to Run 15 Termination of Declaration 16 Amendment of Declaration 16 Severability 16 Paragraph Headings 16 Limited Liability 16 1111111 11111111111111111 111 1111111 11111111111111111111 553276 10/05/1999 04:46P B1154 P35 M ALSDORF 5 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS FOR WEST RIMLEDGE SUBDIVISION THIS DECLARATION OF PROTECTIVE COVENANTS FOR WEST RIMLEDGE SUBDIVISION is made and entered into this ,2X 1 day of ) J -1 , 1999. ARTICLE I. PURPOSE OF COVENANTS This Declaration of Protective Covenants (the "Declaration") shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as West Rimledge Subdivision (the "Subdivision") consisting of four (4) lots (the "Lots") as defined and described in the Final Plat (the "Final Plat") therefor recorded as Reception No. 5f...5,2_7 in the Office of the Clerk and Recorder of Garfield County, Colorado. It is the intention of Michael N. and Lenore L. Hammes (hereinafter collectively the "Declarant"), expressed by their execution of this Declaration, that the lands within the Subdivision be developed and maintained as a highly desirable scenic residential area with a strong sense of security, neighborhood and community. It is the purpose of this Declaration to create rules and a decision making process to strengthen the community, to preserve the present natural beauty, character and views of the Subdivision to the greatest extent reasonably possible, and to always protect the Lots as much as possible with respect to uses, structures, landscaping and general development. This Declaration shall be a burden upon and run with all of the lands within the Subdivision. ARTICLE II. OWNERS — HOMEOWNERS ASSOCIATION 1. Membership. All persons or other entities (including without limitation the Declarant) who own or acquire the all or part of the fee simple title to any of the Lots by whatever means acquired shall be referred to herein as "Owners". Each person or entity who is the Owner of a respective Lot, or if more than one, all persons and entities collectively who are the Owners of a respective Lot shall be referred to herein as a "Member." Each Member shall automatically be considered to have, for each Lot such Member owns, one membership interest in West Rimledge Homeowners Association (hereinafter the "Association"), a Colorado non-profit corporation, in accordance with the Articles of Incorporation of the Association, which have been filed with the Colorado Secretary of State, as the same may be duly amended from time to time and also filed with the Colorado Secretary of State. Each Owner and Member shall be entitled to the privileges and obligations enumerated in this Declaration and in the Articles of Incorporation and the Bylaws of the Association, as the same now exist or as they may be amended from time to time. 2. Purpose. The Association shall be authorized and empowered to take each and every step necessary or convenient to the implementation and enforcement of this Declaration. The Association shall have the right and responsibility to maintain, preserve, repair, and otherwise Declaration of Protective Covenants West Rimledge Subdivision Page 1 of 17 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P B1154 P36 M ALSDORF 6 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, regulate and keep all roads and easements within the Subdivision and the access roads leading to the Subdivision in good, safe and usable condition to the extent that such may be reasonably necessary, feasible and desirable. The Association may own or co-own, operate, maintain, repair and replace the potable water system serving the Subdivision. The Association may enter into agreements with third parties for the maintenance, repair and upkeep of roads and accesses and the operation, maintenance, repair, and replacement of the potable water system. All costs and expenses incurred by the Association in connection with any of the foregoing shall be borne by the Members and shall be assessed, all as more fully provided herein. ARTICLE III. USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant or accessory thereto, shall be constructed on any Lot. The minimum size of a single- family dwelling shall be two thousand (2,000) square feet, exclusive of basements, open porches, decks, carports and garages. The maximum size of any single-family dwelling shall be twelve thousand (12,000) square feet, exclusive of basements, open porches, decks, carports and garages. 2. Accessory Dwelling Units. Accessory dwelling units shall be permitted on all Lots within the Subdivision in accordance with applicable provisions at the Garfield County zoning, subdivision and building regulations and shall be subject to the provisions thereof. The maximum size of an accessory dwelling unit shall be the smaller of three thousand five hundred (3,500) square feet or the size allowed at the time of construction by Garfield County in the applicable zone district, exclusive of basements, open porches, decks, carports and garages. The square footage of any such accessory dwelling unit shall not be included in the minimum or maximum amounts of square footage for dwelling units as provided in paragraph II1.1 above. 3. Duplexes/Multi-Family Structures. Duplexes and multi -family structures are prohibited in the Subdivision. An accessory dwelling unit whether or not attached to a residential structure, shall not cause the structures on a Lot to be considered a duplex or multi -family structure. 4. Outbuildings. Auxiliary buildings such as greenhouses, tool sheds, work areas, detached garages and the like shall be permitted within the Subdivision, provided that no individual auxiliary building shall exceed one thousand two hundred (1,200) square feet, and provided further that the total square footage of auxiliary buildings on any single Lot shall not exceed one thousand eight hundred (1,800) square feet. No such auxiliary building shall exceed eighteen (18) feet in height at the ridgeline. No auxiliary building shall contain living facilities or be used as a dwelling unit but auxiliary buildings may include bathrooms. Declaration of Protective Covenants West Rimledge Subdivision Page 2 of 17 1111111 11111 111111111111 111 111111111111111111111111 1111 553276 10/05/1999 04:46P 81134 P37 M ALSDORF 7 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE IV. ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Committee shall be composed of three (3) natural persons. Prior to Declarant's sale of three (3) Lots, Declarant may from time to time appoint and remove the members of the Architectural Committee in Declarant's sole discretion, and the Board of Directors of the Association (the "Board of Directors") shall have no authority to remove any member so appointed. Upon the sale of the third (3rd) Lot, any new members of the Architectural Committee shall be appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all times be three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Members. The Architectural Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument. The Architectural Committee shall not be obligated to have regular meetings, but shall meet as necessary to conduct the business of the Committee. All members of the Committee shall be provided at least ten (10) days advance notice of all Committee meetings. 2. Approval by Architectural Committee. No improvements of any kind, including, but not limited to, dwelling units, greenhouses, garages, tool sheds, work areas, fences, walls, driveways, towers, antennae, satellite dishes, kennels, exterior lighting, corrals, flagpoles, curbs and walks shall be constructed, erected, altered or permitted to remain within the Subdivision, nor shall any excavating, tree cutting and clearing or landscaping be done within the Subdivision, unless the complete architectural and site development plans and specifications (and such other items as are included in the "Plans" defined below) for such construction, alteration or landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by this Declaration or required to do by any subdivision improvements agreement between the Declarant and Garfield County. In particular, but without limiting the generality and scope of the foregoing, no roof may be placed on any structure unless the finished exterior material and color of such roof is specifically approved by the Architectural Committee. Revegetation of all infills and cuts will be required. Plans addressing the revegetation of infills and cuts shall provide for adequate weed control, the use of native grasses, shrubs or trees, and the use of certified, weed -free seed. Such plans will be submitted to the Architectural Committee prior to any excavation, and the Architectural Committee's approval of such plans shall be required before such excavation begins. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a grading and drainage plan, a soils and foundation report and an individual sewage disposal system (ISDS) design both prepared and certified by a professional engineer, and a fire management plan consistent with the provisions hereof and Plat Note No. 10 of the Plat and approved by the Carbondale and Rural Fire Protection District, and a complete list of all finished exterior materials and colors to be used (collectively referred to herein as the "Plans"). All copies of the Plans shall be signed and dated for Declaration of Protective Covenants West Rimledge Subdivision Page 3 of 17 111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P B1154 P38 ti ALSDORF 8 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO identification by the Owner or his architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify additional information, reports, plans, specifications and the like required to be submitted to the Architectural Committee and to be deemed part of the Plans for all purposes hereunder. In the event the Architectural Committee fails to take any action within sixty (60) days after three (3) copies of the Plans have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove any Plans . The majority vote of the full number of members of the Architectural Committee then in office shall be required for any approvals described herein, but unless such majority votes to approve, the vote of two members ofthe Architectural Committee to disapprove shall constitute disapproval. In the event the Architectural Committee shall disapprove any Plans, the person or entity submitting such Plans may appeal the matter to the next annual or special meeting of the Members of the Association where a vote of seventy-five percent (75%) of the Members' votes entitled to be cast at said Members' meetings shall be required to change the decision of the Architectural Committee. 3. Improvements -- Site Location. All structures or improvements shall be constructed within the approved building envelopes depicted on the Final Plat. No structures or improvements, other than fences or walks, shall be constructed on forty percent (40%) or greater slopes. There shall be a minimum defensible space as specified herein of forty-five (45) feet on the East and West sides and sixty (60) feet on the North and South sides of each dwelling unit within the subdivision. 4. Building Permit. An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, that the Plans approved by the Building Department shall not differ in any substantial way from the Plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. 5. Variances. Unless specifically prohibited by a provision of this Declaration, the Architectural Committee may, by an affirmative vote of a majority of the full numbers of members of the Architectural Committee then in office, allow reasonable variances as to any ofthe covenants and restrictions governing architectural control contained in this Declaration and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provision of this Declaration which was required by an approval obtained by Declarant from Garfield County for the Subdivision or which violates the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Owners. Notice to such Owners shall be deemed effective when placed in the United States mail, first-class postage prepaid, certified with return receipt requested, and addressed to the last known address for each Owner as provided to the Association. Declaration of Protective Covenants West Rimledge Subdivision Page 4 of 17 111111111111111111111111111111111111111 111 1111111111111 553276 10/05/1999 04:46P B1154 P39 M ALSDORF 9 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO 6. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, alterations, excavating, tree -cutting and clearing and landscaping within the Subdivision harmonize (to the greatest extent possible) with the natural surroundings within the Subdivision and with other structures and improvements within the Subdivision as to design, materials, color, siting, height, grade, finished ground elevation of neighboring lots and other design features. a. Materials and Landscaping. The Architectural Committee shall evaluate, among other things, the materials and colors to be used on the outside of buildings or structures, and the harmony of landscaping and finished grade and floor elevation with the natural setting and the native trees and other vegetation within the Subdivision. It shall encourage "xeriscape" landscaping which emphasizes the use of indigenous foliage. b. Site Location. Subject to the provisions of paragraph IV.3 of this Declaration, the Architectural Committee shall exercise its judgment to preserve, the natural characteristics of each Lot including trees, vegetation, and the natural setting of each building site. The Architectural Committee shall evaluate the relationship of any proposed structure or improvement to topography, the viewsheds of and relationships to other existing or potential structures and improvements in the Subdivision. c. Fencing. Barbed wire and chain link fencing shall be prohibited. Only wooden fencing shall be permitted within the Subdivision, with limited exception pertaining specifically to gardens, kennels or other elements where a wooden fence would not serve the purpose desired such as to keep animals in an enclosed area or to keep wildlife out of an enclosed area and to areas in close proximity to the primary or secondary structure where a masonry fence or wall may be used in addition to wood to create privacy or to provide visual screening. The type and location of all fencing must be approved by the Architectural Committee. In consideration of allowing the free movement of wildlife through the Subdivision no fencing shall exceed forty-two (42) inches in height when located outside of the building envelope as shown on the Final Plat. Within said building envelope, fencing may exceed this height only as approved by the Architectural Committee for the purpose of providing privacy, screening, containing domestic animals or excluding wildlife. d. Lighting. The Architectural Committee shall consider exterior lighting plans and will require that all exterior lighting be directed downward and towards the applicant's property. It will also recommend that all Owners make every effort possible to limit the use of exterior lighting at night. It shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owners' respective Lot. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. 7. Requirements for Protecting Structures from Wildfire. Wildfire is a fact of nature, and nothing can guarantee that persons or property within the Subdivision will be free from injury or damage due to wildfire. The requirements of this paragraph IV.7 and paragraph IV.3 above are Declaration of Protective Covenants West Rimledge Subdivision Page 5 of 17 111111111111111111111111111111111111111111 1111111111111 53276 10/05/1999 04:46P B1154 P40 M ALSDORF 10 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO intended to reduce the risk of damage or injury from wildfire from information available as of the date hereof without representation or warranty of any kind. All structures shall be designed and constructed in a manner to minimize the possibility of ignition from wildfire. The following design criteria shall be required for construction in the Subdivision. a. Construction Specifications. 1) Roofs: Roof construction and materials shall meet a fire resistance classification of "Class C" (as defined in the Uniform Building Code) or its equivalent. 2) Vents: Undereave vents shall be located near the roof line rather than near the wall to prevent flames from entering the house through these openings. The vents shall be screened with corrosion resistant, noncombustible wire mesh with the mesh not to exceed, on a nominal basis, 114 inch in size. 3) Decks: Upper level decks or other similar overhangs on the south (downhill) side of dwelling units shall not be allowed within the Subdivision. 4) Glazed Openings: Dual pane or triple pane glazing or its equivalent is recommended on all glazed openings. 5) Chimneys and Flues: Chimneys and flues which serve solid fuel appliances shall be provided with an approved spark arrester. b. Defensible Space. Defensible space is defined as an area surrounding a structure where certain modifications have been made and restrictions imposed to reduce or eliminate the presence of flammable material. Minimum defensible space for the Subdivision is set forth in paragraph IV.3 herein. The Colorado State Forest Service recommends downslope fuel modification for a distance of one hundred feet or more for structures located at the top of steep slopes. The following fuel modification procedures shall be followed in the creation of a defensible space. Large native trees, shrub groups and clumps of small trees within the defensible space should be thinned to provide 10 feet of separation between the vegetation canopies. New plantings should be placed to maintain 10 feet of separation of the vegetation canopies at the mature growth of the plantings. Grasses within the defensible space should be mowed to 4 inches or less. Declaration of Protective Covenants West Rimledge Subdivision Page 6 of 17 1 111111 11111 111111 111111 111 1111111 11111 111 111111111 1111 553276 10/03/1999 04:46P B1154 P41 M ALSDORF 11 of 21 R 103.00 D 0.00 GARFIELD COUNTY CO All trees taller than 18 feet should have lower branches pruned to a height of 6 feet. Shrubs and trees should be thinned along driveways to assure access by emergency vehicles. If not enclosed within a fire resistant structure, woodpiles should not be located within 30 feet from any structures, and flammable vegetation should be cleared for a distance of 10 feet around any woodpile. Construction materials, leaves and flammable debris should be removed from the defensible space. Leaves and debris should be removed from roofs at least once a year. Branches should be separated from chimneys by at least 10 feet. All liquid propane gas tanks should be buried. 8. Preliminary Approvals. Lot Owners who anticipate constructing or modifying structures or improvements on a Lot or excavating, tree -cutting and cleaning or landscaping on a Lot may submit preliminary sketches or plans thereof to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete Plans to allow the Architectural Committee to act intelligently in giving an informed preliminary approval or disapproval. The Architectural Committee shall never be committed or bound by any preliminary or informal approval or disapproval. The preliminary approval process is offered as an accommodation only, and the Architectural Committee may set fees for this service. 9. Architectural and Site Development Plans. The Architectural Committee shall disapprove any Plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by this Declaration. 10. Architectural Committee Not Liable. Neither the Architectural Committee nor any member thereof shall be liable for damages to any person or entity submitting any Plans for approval, or to any Owner or Owners of Lots, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such Plans. Neither the Architectural Committee nor any member thereof shall have any liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by this Declaration and any rules or regulations duly adopted by the Architectural Committee pursuant to this Declaration. 11. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set Declaration of Protective Covenants West Rimledge Subdivision Page 7 of 17 111111111111111111111111 111 1111111 11111 111 1111111111111 553276 10/05/1999 04:46P B1154 P42 M ALSDORF 12 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO of the finally approved Plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this Declaration. 12. Authority to Promulgate Rules and Regulations. The Architectural Committee may promulgate and adopt rules and regulations necessary to implement this Declaration. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, alterations and the like. ARTICLE V. RESTRICTIONS AND PROTECTIVE COVENANTS 1. No Further Subdivision. No Lot shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat; provided, however, that conveyances or dedications of easements, if approved by the Architectural Committee, may be made for less than the full dimensions of a Lot. Notwithstanding the foregoing, a lot line adjustment between two (2) Lots shall be allowed, subject, however, to any reviews or approvals that may be required by the Garfield County Land Use Code and the prior approval of the Architectural Committee. 2. Domestic Animals. Except as expressly limited herein, domestic animals such as dogs, cats, rabbits, caged birds and fish shall be permitted subject to any rules and regulations which may be promulgated by the Board of Directors. The open pasturing of horses shall not be allowed within the Subdivision; however, horses may be kept in a stable and small corral upon a Lot in the Subdivision. Other livestock such as cattle, llamas, goats, pigs, sheep, chicken and other poultry shall not be permitted within the Subdivision. The Owner of each Lot shall be entitled to keep a maximum of one (1) mature dog. A mature dog shall be considered to be any dog older than four (4) months old. The neutering of dogs is strongly encouraged. Dogs shall be kept under the control of the Owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the respective Owners' Lot or within the area of any access, roadway, drainage or open space easement within the Subdivision shown on the Final Plat unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, electrically kenneled or housed at all times. The Association shall have the right to assess and enforce penalties against Owners violating these restrictions applying to dogs as specified in rules and regulations promulgated by the Board of Directors. Should any dog be found chasing any or molesting deer or, elk or any domestic animals, or livestock of any Owners other than the Owner of the dog in question, the Association shall be authorized to prohibit the Owner from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other Owners' domestic animals or livestock. Declaration of Protective Covenants West Rimledge Subdivision Page 8 of 17 1111111 111 1111111111111 553276 10/05/1999 04:46P B1154 P43 M ALSDORF 13 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects and waste at all times. No commercial animal breeding activities of any kind shall be permitted within the Subdivision. Notwithstanding the foregoing, no animal(s) may be kept on or within a Lot (whether or not within a structure) which, in the good faith judgment of the Board of Directors, result(s) in any annoyance or are obnoxious to Owners or other residents in the vicinity of the Subdivision. 3. Underground Utility Lines. All water, sewer, gas, electrical, telephone, cable television and other utility pipes or lines within the limits of Subdivision, except for those in existence as of the date hereof and providing service to the existing dwelling unit located on Lot 2 of the Subdivision, shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the respective Owners causing the installation of the utilities no later than the next growing season following installation. 4. Service Yards and Trash. Equipment, service yards or storage piles on any Lots may be permitted during construction if they receive Architectural Committee review approval. Otherwise, no lumber, metals, equipment or bulk materials shall be kept, stored or allowed to accumulate outside on any Lot. All scraps, refuse and trash shall be removed from all Lots, shall not be allowed to accumulate and shall not be burned thereon. 5. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of the Subdivision. 6. Domestic Water Wells. Domestic water service for the subdivision shall be provided by three individual water wells properly permitted under Well Permit Nos. 49664-F, 49665-F, and 49666-F. At all times the Owners of Lots within the Subdivision and the Association shall comply with all conditions of said Well Permits. No later thirty (30) days from the date of recording this Declaration, the Declarant shall assign the aforesaid Well Permits and Basalt Water Conservancy District Allotment Contract No. 299 which provides augmentation water for such wells to the Association. From and after the date of such assignment, the Association shall be responsible for all charges due the Basalt Water Conservancy District under Allotment Contract No. 299 as provided in said Contract and Order Granting Allotment Contract No. 299. The Association is hereby granted the authority and obligation to accept such assignment of the Well Permits and Allotment Contract No. 299 and to enforce all terms and conditions contained in said Well Permits and said Allotment Contract. Notwithstanding such assignment, the Owners of the Lot(s) receiving service from a particular well shall be responsible for all costs associated with drilling, operating, maintaining, repairing, and replacing the well which provides service to that Owner's Lot, including reimbursement to the Association of fees paid by the Association to the Basalt Water Conservancy District. In the event that any Owner shall fail to reimburse the Association such fees, or shall Declaration of Protective Covenants West Rimledge Subdivision Page 9 of 17 1111111 11111 111111 111111 111 1111111 11111 111 1IIII 111 1111 553276 10/05/1999 04:46P B1154 P44 M ALSDORF 14 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO otherwise fail to properly maintain and repair any well, the Association shall have the authority to pay such fee or to maintain or repair such defective well and assess the cost thereof against such Owner as a special assessment in accordance with the provisions of Article VIII of this Declaration. 7. Individual Sewage Disposal Systems. Sewage disposal for the Subdivision will be by Individual Sewage Disposal Systems (ISDS), typically a septic tank and leach field for each dwelling unit. Each ISDS shall be designed and constructed in accordance with Garfield County and State of Colorado regulations in effect at the time of construction. Each ISDS shall be designed and located to minimize tree removal and changes to the natural contours of the land. Responsibility for construction, operation and maintenance of each ISDS shall rest with the individual Lot Owner, and such system shall be maintained in accordance with applicable regulations of Garfield County and the State of Colorado. At a minimum, each septic tank shall be pumped at least every three (3) years. In the event that any Owner shall fail to properly maintain and repair the ISDS serving that Owner's lot, the Association shall have the authority to maintain or repair such defective ISDS and assess the cost thereof against such Owner as a special assessment in accordance with the provisions of Article VIII. of this Declaration. 8. Trees. No Owner shall remove any healthy, living trees without first having obtained the approval of the Architectural Committee. All construction, landscaping and development on any Lot shall seek to minimize the removal of trees and maximize the preservation of trees to the greatest extent possible consistent with requirements for a defensible space, and wildlife protection and the reasonable immediate plans of the Owners of the respective Lot to improve, develop or redevelop it. 9. Hunting. Hunting shall be prohibited within the Subdivision. In the event of conflict with wildlife on a Lot, the Lot Owner shall contact the Colorado Division of Wildlife to determine appropriate measures to mitigate the conflict. Wildlife which constitutes a nuisance may only be removed or destroyed upon the approval of the Association and only in a manner approved by the Colorado Division of Wildlife. 10. Prohibition Against Lawn Chemicals. The application of chemicals to lawn grasses within the Subdivision to control weeds, pests or for any other purpose, is strictly prohibited. ARTICLE VL RESTRICTIONS ON LOTS 1. Number and Location of Buildings. No buildings or improvements of any kind shall be placed, erected, altered or permitted to remain on any Lots except as approved by the Architectural Committee. 2. Completion of Construction. Any construction activity on any Lot shall be completed, fully cleaned up and landscaped within eighteen (18) months from the issuance of a building permit, unless the Owner of the Lot shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a Declaration of Protective Covenants West Rimledge Subdivision Page 10 of 17 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P 61154 P45 M ALSDORF 15 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Board of Directors may assess penalties in any amount it deems appropriate. 3. Used or Temporary Structures. Except within an enclosed garage, no used or previously erected or temporary house, structure, mobile home, manufactured home, or trailer shall not be interpreted as a general prohibition of modular construction. Furthermore, the foregoing prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction or until the issuance of a Certificate of Occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office and storage purposes and shall not be occupied as a residence for any period of time. 4. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including, but not limited to, those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, camper, recreational vehicle, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or garden equipment and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any propane or other fuel storage tanks shall be buried. Any storage piles, refuse or trash containers, utility meters or other facilities, shall be enclosed within a structure or appropriately screened from view by plantings or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets and private roads. 5. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be carried on upon any portion of the Subdivision at any time, nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereby by sight or sound, provided that the Board of Directors may authorize the use of sound and sound devices to control or mange wildlife, livestock or domestic animals. 6. Air Quality Restrictions: In order to protect against the degradation which occurs to air quality as a result of the utilization of wood -burning devices, the following restrictions apply: a. No open hearth solid fuel fireplaces will be allowed anywhere within the Subdivision, except as the same may exist as of the date hereof within the existing residence on Lot 2. b. All dwelling units within the Subdivision will be allowed an unrestricted number of natural gas burning fireplaces or appliances. c. All dwelling units within the Subdivision will be allowed one (1) new wood - burning stove as defined by Colorado Revised Statutes 25-7-401 et seq., and the regulations promulgated thereunder. 7. Firearms. The discharge or shooting of firearms is prohibited in the Subdivision except as may be permitted by rules and regulations adopted by the Board of Directors. Declaration of Protective Covenants West Rimledge Subdivision Page 11 of 17 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P 61154 P46 M ALSDORF 16 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO 8. Commercial Activities. Neither the conduct of any commercial activities nor the storage of materials, goods, equipment and other items used or associated with commercial activities shall not be permitted on any Lot; provided, however, that personal vehicles with a business name placed thereon shall not be prohibited and Owners shall be permitted to maintain an office on their respective Lots so long as services are not provided which result in the public coming to such Lot on a regular basis. 9. General Restriction. All Lots shall comply with restrictions contained in any other section of this Declaration. The Board of Directors may adopt, promulgate and enforce rules, regulations necessary or advisable to implement or interpret the provisions of this Declaration. ARTICLE VII. ACCESS TO SUBDIVISION 1. Primary Access. Primary access to the Subdivision from Garfield County Road 100 is along a private road, known as Rimledge Road. The costs of maintaining Rimledge Road are shared by all users of the road pursuant to a Road Maintenance Agreement recorded in the records of Garfield County at Book , Page (hereinafter Road Maintenance Agreement). The Owners of all lots within the Subdivision shall become and are hereby declared to be parties to the Road Maintenance Agreement. Each Owner of a lot within the Subdivision hereby agrees to pay his or her pro rata share of the costs of maintenance and upkeep of Rimledge Road as stated in the Road Maintenance Agreement. In the event that any Owner shall fail to pay his or her share of the cost of road maintenance for Rimledge Road as levied in accordance with the Road Maintenance Agreement, the Association shall have the authority to pay such cost on behalf of such defaulting Owner and assess such cost as a special assessment to such Owner in accordance with the provisions of Article VIII. of this Declaration. 2. Emergency Access. In accordance with conditions of approval for the Subdivision imposed by Garfield County Declarant has obtained a perpetual easement for emergency ingress to and egress from the Subdivision across Lot 1 of the Subdivision and then over and across an existing emergency access road through Lot 5 of Wooden Deer Subdivision which is contiguous to said Lot 1 to the West. Declarant shall construct an approximately twelve foot wide roadway consisting of approximately six inches depth of three inch roadbase material upon this easement. The purpose of said roadway is expressly limited to, and said roadway may only be utilized as ingress to or egress from the Subdivision in an emergency fire or medical situation when the primary access is impassable. This emergency ingress/egress road shall require periodic maintenance, including some snowplowing, if it is to remain passable and provide the intended emergency access. The Association shall be responsible to maintain and repair such emergency access road, and the costs associated therewith shall be a common expense assessed against the Owners of all lots within the Subdivision as provided in Article VIII. of this Declaration. It is also intended and agreed that owners of Lots within Wooden Deer Subdivision have the right to utilize this emergency access easement in the event of the need for emergency ingress/egress to and from Wooden Deer Subdivision. Declaration of Protective Covenants West Rimledge Subdivision Page 12 of 17 1 111111 11111 111111 111111 iii 1111111 11111 111 111111 111 1111 553276 10/05/1999 04:46P B1154 P47 M ALSDORF 17 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE VIII. COLLECTION OF ASSESSMENTS — ENFORCEMENT 1. Assessments. All Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors. To the extent the Association is responsible therefor, assessments maybe lawfully imposed for any items of common expense which may include, among other things: expenses and costs of maintaining, repairing and plowing of roads within and accessing the Subdivision, including the emergency access road described in paragraph VII.(2) hereof; expenses of the Architectural Committee; and insurance, accounting and legal functions of the Association. The Board of Directors may establish contingency and reserve funds necessary to satisfy the maintenance of the Association's obligations and to fund any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his prorata portion of these funds. As used herein, an Owner's prorata portion of common expenses shall mean a fraction formed by the number of Lots purchased and held by the Owner (numerator) and the number of Lots in the Subdivision (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with this Declaration, the Articles or the Bylaws of the Association, as may be necessary or advisable. Such special assessment shall be paid for by the Owner(s) obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. 2. Lien for Nonpayment of Assessments. Alt sums assessed by the Board ofDirectors, any fines which may be levied on an Owner, and unpaid utility fees and assessments charged to an Owner, shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: a. tax and special assessment liens on the Lots in favor of any governmental assessing unit; and b. all sums unpaid on a first mortgage ofrecord, including any unpaid obligatory sums as may be provided by encumbrance. Each Owner hereby agrees that the Association's lien on a Lot for assessments as herein above described shall be superior to the homestead exemption provided by Colorado Revised Statutes §38-410-201, et seq. , and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. Declaration of Protective Covenants West Rimledge Subdivision Page 13 of 17 1 111111 11111 111111 111111 111 1111111 11111111 111111 111 101 553276 10/05/1999 04:46P 61154 P48 M ALSDORF 18 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board of Directors. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the of the Lot and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the Lot at foreclosure sale and acquire and hold, lease, mortgage and convey the same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. 3. Enforcement Action. The Association, acting by and through its Board ofDirectors, shall have the right to prosecute any action to enforce the provisions of all of this Declaration by injunctive relief, on behalf of itself and all or part of the Owners. In addition, each Owner and the Association shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of this Declaration. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Directors but not to exceed one and one-half percent (1%2%) per month. After thirty (30) days' written notice to any Owner of a violation of this Declaration and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of up to One Hundred Dollars ($100.00) per day for every day the violation exists or continues after the expiration of said thirty (30) day period. 4. Limitations on Actions. In the event any construction, alteration or landscaping work is commenced upon any of the Lots in violation of this Declaration and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one (1) year limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. Declaration of Protective Covenants West Rimledge Subdivision Page 14 of 17 1111111 553276 10/05/1999 04:46P 81154 P49 M ALSDORF 19 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO ARTICLE IX. EASEMENTS AND OPEN SPACE 1. Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. The Association shall have no obligation to pay any amount for the use and enjoyment of such easements. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 2. Easements for Access and Repairs. The Association shall be entitled to an easement across any of the Lots within the Subdivision for the purposes of accessing any of the Association's property, protecting any Association property, making necessary repairs and investigating and responding to emergency circumstances. The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of this Declaration. ARTICLE X. INSURANCE 1. Types of Insurance. The Association may obtain and keep in full force and effect the following insurance coverage: a. Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. b. Coverage for members of the Board of Directors and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. c. General liability and property insurance. d. Coverage against such other risks of a similar or dissimilar nature as the Board of Directors deems appropriate. ARTICLE XL GENERAL PROVISIONS 1. Declaration to Run. All of the covenants, conditions and restrictions contained in this Declaration shall be a burden on the title to all of the lands in the Subdivision, the benefits thereof shall inure to the Owners, and the benefits and burdens of all said covenants, conditions and restrictions shall run with the title to all of the lands in the Subdivision. Declaration of Protective Covenants West Rimledge Subdivision Page 15 of 17 111111111111111111111111 111 1111111111111111111111111111 553276 10/05/1999 04:46P B1154 P50 M ALSDORF 20 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO 2. Termination of Declaration. In the event this Declaration has not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, this Declaration may be terminated on January 1, 2025, by a vote of seventy-five percent (75%) of the votes entitled to be cast by the Members of the Association at a meeting of the Members duly held. If this Declaration is not so terminated, then it shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, this Declaration is terminated by a vote of seventy-five (75%) of the votes entitled to be cast by the Members of the Association at a meeting of the Members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. 3. Amendment of Declaration. This Declaration may be amended by a vote of seventy-five percent (75%) of the votes entitled to be cast by the Members of the Association, said vote to be cast at a meeting of the Members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. 4. Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Declaration. 5. Paragraph Headings. The paragraph headings within this Declaration are for convenience only and shall not be construed to be a specific part of the terms hereof. 6. Limited Liability. The Association and the Board of Directors shall not be liable to any part for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board of Directors against loss resulting from such action or failure to act if the Association and the Board of Directors acted or failed to act in good faith and without malice. Declaration of Protective Covenants West Rimledge Subdivision Page 16 of 17 1111111111111111111111111111111111111111111111111111111 553276 10/05/1999 04:46P B1154 P51 N ALSDORF 21 of 21 R 105.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, this Declaration of Protective Covenants +r West Rimledge Subdivision has been executed as of the day and year first above �vritten. MICHAEL N. STATE OF COLORADO ) (N ) ss. COUNTY OF Jnr-c.(p(p� ) /i 1�. , /1 LENORE L. HAMMES e foregoing instrument was acknowledged and sworn to before me this 0 day of :‘,4 ICHAEL N. HAMMES and LENORE L. HAMMES. WitneS'i hand and\f i V al seal. 4t 'OW -,...) 8 Address: {'k1M ,4:T4 TE Of 0 My commission expi ` "4 c:lwp-docllg1hammes1...155.99 Declaration of Protective Covenants West Rimledge Subdivision otary Pub 818 Colorado Avenue Glenwood Springs, CO 81601 My Commission expires April 28, 2001 Page 17 of 17 LUDC SECTION 7 Divisions 1, 2 and 3 Division 1: 7-101-103 The proposed ADU meets the standards in Article 3 for zoning and is compatible with adjacent land use. 7-104 The applicants have acquired the means for a legal and lasting water supply as documented in the Water Supply Plan, and have paid the Basalt Water Conservation District and the Colorado Division of Water Resources for this purpose through the West Rimledge HOA. 7-105 The proposed ADU will be served by a new and engineered OWTS. 7-106 Adequate public utilities are in place to the proposed home site. 7-107 The current driveway provides adequate and safe access to the public right of way. A culvert is in place where the driveway connects to the County Road 100. 7-108 There are no significant Natural or Geologic Hazards impacting the property. West Rimledge Subdivision is in an area considered a high risk area for Wildland Fire Susceptibility. Mitigation in line with guidance from the Carbondale and Rural Fire Protection District will be put in place. Division 2: 7-201 The existing property has had no impact on nearby agricultural lands that are currently fenced. The applicants plan to keep their property mostly unfenced as to not diminish the movement of wildlife. An example of an area that may be fenced would be a dog area and/or garden within the building envelope. The proposed ADU will not interfere with any ditches, rights of way, easements etc etc. The prescriptive easement in place for ditch maintenance will be maintained as is. 7-202 The proposed ADU is in a wildlife area and but will keep fencing and human interference to a minimum by retaining as natural and original landscape as possible. It will not change any impact on such areas more than surrounding neighborhood. 7-203 N/A - The proposed ADU is located over 250 feet from nearby waterways. 7-204 The proposed ADU is located at a higher elevation of the property, and proper planning for foundation drainage will be addressed by the contractor/builder and pertinent subcontractors. 7-206 A. Location Restrictions. The ADU is not in a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. B. Development Does Not Increase Potential Hazard. C. Roof Materials and Design. Roof materials shall be made of non-combustible materials or other materials as recommended by the local fire agency. 7-207 The property is not located subject to: avalanches, landslides, rockfall, corrosive soils, alluvial fan hazards, mudslides, fault lines, no development on slopes over 20% and the utilities are/will be buried. 7-208 Any disturbed areas created by the construction of the proposed ADU will be returned to as close to their natural state as possible by the end of construction. Division 3: 7-301 The proposed ADU is to be built with conventional materials, used as an accessory dwelling unit, and will be compatible with the character of adjacent uses in the neighborhood. 7-302 The proposed ADU will be serviced by three of eight off street parking spaces provided by driveway. 7-303-306 The landscaping, lighting, snow storage, and walkways to be completed with construction will be in accordance with LUDC standards. LUDC ADU SECTION 7 - 701 Additional Standards for Residential Uses The proposed ADU is compliant with the standards set forth in Section 7 - 701. A. Maximum Floor Area. The Floor Area shall not exceed 3,000 square feet for any lot 4 acres or greater. B. Ownership Restriction. The ADU will be restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only. C. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. D. Minimum Lot Area. The minimum Lot Size for the ADU is greater than 2 acres. E. Entrance to Dwelling Unit. The ADU will have a separate entrance. F. One per Lot. One Accessory Dwelling unit which is subordinate to a Single -Unit (primary) dwelling unit is allowed per legal lot. QUIT CLAIM DEED THIS DEED, made this 2nd day of November , 2000 between MICHAEL M. HAMMES AND LENORE L. HAMMES grantor, whose street address is: Q 5363 COUNTY ROAD 100, CARBONDALE, CO 81623 County of GARFIELD , State of Colorado , for t f.nsideration of Ten Dollars and other good and valuable consideration * * hereby sells and quitclaims to: RANDALL KREAGER AND NANCY KREAGER ® Joint Tenants ❑ Tenants in Common grantee, whose street address is: 11670 W. ST. RT. 163, OAK HARBOR, OH 43449 Dollars in hand paid, County of , State of Ohio , the following legally described water rights: AN UNDIVIDED ONE-HALF (1/2) INTEREST IN AND TO THE "MIKE WELL 113" WHICH SHALL BE SHARED BY THE OWNERS OF LOT 3 AND LOT 4, WEST RIMLEDGE SUBDIVISION IN ACCORDANCE WITH A WELL SHARING AGREEMENT RECORDED OCTOBER 18, 2000 AS RECEPTION NO. 570972 IN BOOK 1212 ON PAGE 946. Appurtenant to: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF. Si d as / / CHAEL M. EN • ' . HA d year /above writen. 11 /LLlti 11 State of California ) )ss. County of `' 4r(1 P/6g-G ) The foregoing instrument was acknowledged before me this 2nd day of November 2000 by MICHAEL M. HAIVLN1ES AND LENORE L. HAMMES Witness my hand and official seal. My commission expires: 9/p// When Recorded t 85234757 CHERYL ClABATTiNi commission # 11556 1556 39 1 0304 HIGHWAY 133 r !� Notary Public - California CARI30NDALE, CO 81623 � San Diego County Form 41ATER.4CD iresSep26.2.001 Notary blic MASON & MORSE REAL ESTATE EXHIBIT A LOT 3 WEST RINII,EDGE SUBDIVISION ACCORDING TO THE FINAL PLAT THEREOF RECORDED OCTOBER 5, 1999 AS RECEPTION NO. 553272. COUNTY OF GARFIELD k STATE OF COLORADO GWZ34757 o 5�. JAN 1 6 1979 Recorded at /...._— o' clock,_.._ — PR Reception No " 3.0 ldred Alsdorf, Recorder WELL AGREEMENT THIS INDENTURE made this ie day of .J <avwa y 197 (/, between LARRY BARADO (hereinafter"Barado"), whose address is 59 West Claiborne Square, Chalmette, Louisiana 70043 and CHRISTOPHER SOMMER (hereinafter "Sommer"), whose address is P.O. Box 4953, Aspen, Colorado 81611. WITNESSETH: WHEREAS, Barado is the owner of a parcel of land containing approximately 22.5 acres more or less and further described herein in Addendum A attached hereto and incorporated herein by this reference; and WHEREAS, Sommer is the owner of a parcel of land con- taining approximately 22.5 acres more or less and further described herein Addendum B attached hereto and incorporated herein by this reference; and, WHEREAS, the above described parcels were originally one (1) parcel on which only one (1) well can be drilled; and WHEREAS, the parties are thereby desirous of provid– ing for joint useage of a well which will be located on a site yet to be determined; and WHEREAS, the parties are desirous of allocating the costs of drilling the well, acquiring and installing the well compound, laying of pipe from the well to the respective improvements located on the above described property, and the::. maintaining of the system; IT IS THEREFORE AGREED AS FOLLOWS: 1. The respective parties hereby grant and convey to each other the non-exclusive use and enjoyment of the well,. wherever situate, for purposes of taking and using the water therefrom for all domestic purposes incidental to lawful use`: and enjoyment of their lots and for such other and further purposes as may from time to time be lawfully authorized and: permitted. t, Ac.F. 778 2. The respective parties do further grant and con- vey to each other an easement over their lots to said extent as is necessary for purposes of installing and maintaining a well and an underground water line to transport the water from said well to the respective improvements that may be constructed upon the described property, said easement to be ten (10) feet wide and in such place as may be determined at a future date based upon location of the well. 3. The parties agree to join in an application for a well permit as required by applicable statutes and regulations and hereby grant unto each other a limited power of attorney for the purpose of preparation and submission of such application and all other actions required for the issuance of such well permit; provided, however no such application shall be submitted by either party without delivery of written notice to the other party. 4. The respective parties shall share equally in the costs of drilling said well, purchasing and installing the pump and other equipment used in connection therewith, purchasing and maintaining the pipe that will be used to run water from the well to the respective improvement, including all costs incurred with respect to the installation and maintenance of the under- ground water lines running to the respective improvements, maintaining said well and equipment in good operating condition and all other costs incidental thereto. 5. The respective parties shall have the right to enter upon the easement area hereinabove described for the purpose of installing and maintaining said well and underground water line and for such other maintenance and upkeep which may be necessary from time to time. 6. Any work to be performed and paid for under the provisions of the well agreement herein shall not commence until a cost estimate of work to be done has been presented to and approved in wirting by all parties to this Agreement. The NT(T( .i �+ai approval of the parties shall not be unreasonably withheld, and:it.is not the intention of the parties hereto to allow this clause to be used to prevent or unreasonably delay work authorized by this Agreement. 7. All work authorized by this Agreement shall be promptly paid for by the parties hereto. As there are no improvements currently located on the property, it is under- stood that the work done at any given time may inure to the immediate benefit of only one (1) party. However, under the terms of this Agreement, all bills shall be promptly paid by the respective parties to this Agreement, regardless of whether the benefit inures only to one (1) party at a given time or to the benefit of both parties. 8. The parties to this Agreement agree that, in the event a lawsuit is necessary to collect monies due under this Agreement, losing party shall pay all costs, including a reasonable attorney's fee. 9. The covenants, conditions and provisions contained herein shall be binding upon and shall inure to the benefit of the respective parties hereto as owners of the lots described respectively in Addendum A and Addendum B and their successors in interest; and said covenants, conditions and provisions shall be deemed to be covenants running with the land. 10. All notices required hereunder shall be in writing and shall be delivered personally or by certified mail, return receipt requested to the parties at the address shown above. Notices shall be deemed effective upon delivery but not later than ten (10) days after posting. Either party or his successor may give notice of a charge in address as provided herein. -IN WITNESS WHEREOF, the parties have executed this Well Agreement this j C; day of ) �� : jj , 197L3 G LARRY BARADO CHRISTOPHER SOMMER STATE OF COUNTY OF BOCA ss. The foregoing Well Agreement was sworn to before me this !6° -day ofd, LARRY BARADO. Witness my hand and official seal. My commission expires: STATE OF COLORADO ) COUNTY OF PITKIN ) ss. f}. < < ii"t�Salt fi .:,;j;1, i;3 4/ 7/> tirOn 1 Notary The foregoing Well Agreement was sworn and to before me this `day of SOMMER. 19 71) 7 by r l Witness my hand and official seal. My commission expires: ^Ii _rf ES 4/ 3/1:482 )06_, !" 1Ei!4a- subscribed:. CHRISTOPHER i G7 1f. i!.1.V\a. .f) `3 �. (. 1 81l"i( 521. Pff.E781 t n, 144 z; t• ii Cc,,_). .,155(; November 24, 1978 GXff&7-- `4" O/,l.PG'& A/D. / A parcel of land situated in S1/2N4SE4SW4 and the SIISE4SW4 of Section 24, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado; said parcel of land is described as follows: Beginning at a rock found in place and properly marked for the South Quarter Corner of said Section 24, thence N. 89°03' 04" W. 292.40 feet along the southerly line of said Section 24 to the True Point of Beginning; thence N. 89°03'04" W. 961.98 feet along the southerly line of said Section 24 to the South- west Corner of said SE4SW4; thence N. 00°24'49" W. 993.97 feet along the westerly line of said SE4SW4; thence S. 89°14'09" E. 982.58 feet, along the northerly line of said S1/2N12-SE4SW4; thence S. 00°46'35" W. 996.86 feet to the True Point of Beginning. The above described parcel of land contains 22.26 acres more or less. SCARROW AND WALKER/KKBNA, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 November 24, 1978 :572 {itc. Borg. 521 Pay€`732 t:s • 1c;. , ,: . Sr: ica: (, O3' r1.^..(.1'1 ;t lj ?. T> 4 541.)f. f. 1 i'.0 14 h C•.• 7., ("_( iG F�) 6f. . :tlJ .• .> ex/id/7- e, parcel of land situated in S N ZSE 4SW 4 , S N ZS'SE a, S SE SSW 4 and the,SliSzSE4 of Section 24,Township 7 South, Range 88 West of the Sixth Principal Meridian,Garfield County, Colorado, said parcel of land is described as follows: Beginning at a rock found in place and properly marked for the South Quarter Corner of said Section 24, thence N. 89°03'04" W. 292..:40 feet along the southerly line of said Section 24; thence .'N: 00°46'35" E. 996.86 feet to a point on the northerly line of said`S'N4SE4SW4; thence S. 89°14'09" E. 313.94 feet along the northerly line of said ShN2SE4SW4 to a point on the north -south `centerline of said Section 24; thence S. 88°58'01" E. 668.64 feet along the northerly line of said S WISIISE4; thence S. 01° 57'13" W. 1001.88 feet to a point on the southerly line of said Section 24; thence N. 88°38'13" W. 669.59 feet along the southerly line of said Section 24 to the South Quarter Corner of said Section 24, the point of beginning. The above described parcel of land contains 22.26 acres more or less. SCARROW AND WALKER/KKBNA, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 November' 24, 1978 OF. 11111111111111111111111111111111111111 III 1111111111111 570972 10/18/2000 10:11A B1212 P946 M ALSDORF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO WELL SHARING AGREEMENT WELL PERMIT NO. 49666-F MLKE WELL NO, 3 A. PARTIES The parties to this Well Sharing Agreement are Mike Hammes, Lenore Hammes and James N. Jensen. &RECUALS_ The reason and purpose for entering into this Agreement is premised upon the following: WHEREAS, Mike and Lenore Hammes own 100% of the domestic well referenced in Well Permit No. 49666-F, also known as Mike Well No. 3. v) WHEREAS, the well was permitted for 15 gallons of water per minute for domestic purposes for two single family dwellings and two caretaker units and irrigation of not more than 3,000 square feet. WHEREAS, a re-application for the well permit is currently pending, which re- application lists Nfichael Hammes as the Applicant. WHEREAS, Mice and Lenore Hammes are currently the owners of Lot 3 and Lot 4 of the West Rimledge Subdivision as more particularly described on Exhibits A and B attached hereto. Mr. and Mrs. Hammes are in the process of selling Lot 4 of the West Rimledge Subdivision to James N. Jensen and desire to transfer an undivided one-half interest in the domestic well referenced in Well Permit No. 49666-F in connection with the sale. d-) °' WHEREAS, after the Closing of Lot 4 and after Well Permit No. 49666-P is re -issued the parties desire to assign the Well Permit to the West Rimledge Homeowner's Association .� subject to this Well Sharing Agreement. WHEREAS, the parties desire to reduce to writing their Agreement regarding said well. • L 1 v c C. AGREEMENT The parties agree as follows: 1. The Recitals set forth above are true and correct and are incorporated herein jetite. rn T6 'd 66L9 'ON y a5dYL-T10r,E 63611 HA, 13 3 04,1• k n.d4 i1, to' 1623 SNI SMOH N?SNaf WVEO : l l OOOZ 'L l '130 1 11 1111 11111 111111 11111 11111 111111 11111 111 1111111111111 570972 10/18/2000 10:11A B1212 P947 M ALSDORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO 2. Each of the parties may use the well for domestic uses on an equal basis. 3. Ownership and cost sharing of the well: The parties agree to share equally, all costs for common improvements and/or maintenance expenses for the well. 4. The parties shall assign the Well Permit to the West Rimiedge Homeowner's Association after the dosing of Lot 4 and after the Well Permit is re -issued. The assignment shall be subject to this Agreement. D. MUTUAL RELEASE Each party hereto releases the other party from any damages and/or liability that may result from the water quality of the well. This Mutual Release shall run to the benefit of all the parties, their heirs, successors and assigns. E DENS AR I s. The parties, their heirs, successors and assigns, shall make all decisions regarding repairs, maintenance, and common improvements of the well by mutual consent. In the event that the parties cannot agree on issues regarding the operation, maintenance or improvement of the well, the parties shall submit their dispute to binding arbitration, as provided for by Colorado law. The parties shall appoint as the sole arbitrator any appropriate member of a water engineering firm within the Roaring Fork Valley area. The arbitratoris empowered to make any legallyproper ruling to resolve the dispute, including an award of damages, injunctive relief, or any other appropriate award. 1.COVENANTs RUNNL Na3!m3-1 THE LAND. The parties, their heirs, successors and assigns, hereby agree that the Covenants contained in this Agreement are intended to and shall run with their lands as described in Exhibits A and B attached hereto and incorporated herein by this reference, and may be assigned only in connection with simultaneous conveyance of the lands. G. COUNTERERTS This agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which, taken together, shall constitute on and the same document. Facsimile copies of the original signature shall be considered legal and binding. Well Shering Agreement Well Pemut No. F 'd 66L9 'ON Page 2o#5 3NI S3WOH N3SN3r v :1 000 '130 1111111 nm nmi iiiii mil iiiiii imi iii nin ilii lei ' 570972 10/18/2000 10:11A B1212 P948 M ALSDORF 3 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO upsThis Agreement constitutes the entre Agreement of the parties parties hereto, their heirs, successors and assigns_ IN WITNESS WHEREOF, the parties have day and year opposite the name of each below Date (O. t3_e Date 1 CIO Date /0 /? — DD on Sharing Apenoveirl Well Await No. emis..p etc aeed otie got' P1YpQ:1, oo/siioi d - 66L9 'ON shall be binding s and seals on the Lenore H; Page Soil itfle.41147 a0a Oe' .IA IAJ,$ DNI SOH N3SN31' '130 1101111111101111111111111111111111111 111 1111111111111 570972 10/18/2000 10:11A B1212 P949 M ALSDORF 4 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A Lot 3 of the Westrimledge Subdivision according to the final plat recorded in the records of the Garfield County Clerk and Recorder on October 5,1999 as Reception No. 553272. C 'd 6E9 'ON DNI S1NOH N3SN3r WV O:l l OW 'tL 'DDO 1 111111 11111 111111 11111 ME PH 11111111 11111 110 1111 570972 10/18/2000 10:11A 81212 P950 M ALSDORF 5 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B Lot 4 of the Westrimledge Subdivision according records of the Garfield County Clerk and Record r on October plat l 1999 as Re on No. 553272. cep 9 'd 6,619 'ON 3NI S3WOH N3SN3r AVc0: ! ! 0002 'LL '100 D T.;/4.o " •426759 .,,;a AUG 2..7 1991 . O U N. Y C L ,_ DENDUM.'TO:WELL .AGREEMENT. BOOX PAGE: 76:. THIS Addendum to Well Agreement is entered into between ;Michael Hammes (hereinafter "Hammes") whose address is P. 0. Box 798, Hunt Valley, MD 21030, •and Christopher Sommer (hereinafter "Sommer") whose address is P. 0: Box 4953, Aspen, CO 81612. WITNESSETH: WHEREAS, a Well Agreement was entered .into between Larry Barado and Sommer on January 10, 1979, such Agreement being recorded at Book 521, Page 777, Reception No. 291499 of the records of "" the Garfield County Clerk and - Recorder (hereinafter "Well Agreement"); and WHEREAS, Hammes is now :the.: Owner of the parcel of ,land previously. OWned by". Barado more fully described in the Well. Agreement, and WHEREAS, a professional engineer hasinspected: the=property. of Hammes and Sommer and has determined that at this time it is: not economically feasible to drill-one"well to service both parcels of land as contemplated and set forth'in "the Well Agreement; and WHEREAS, the parties are desirous :of amending the Well Agreement to :allow for the drilling of individual wells on theirindividual parcels • and setting forth the requirements of the parties in such instance. NOW, THEREFORE, for and in consideration of the above paragraphs the parties hereby agree as follows: • 1. Notwithstanding the rovisions of the Well"A reement each art shall be"entitled P g , P Y to drill an individual well which will service only his parcel. In -the event that. one party:desires. to drill a well on his parcel, that party shall be required to notify the other party of his intentions. 2. Should one party, after.malcing. diligent'; efforts, be unable to..complete'a water producing well or: should'one :party. be unable to :obtain an exempt well permit from the State. Engineer's Office, and if the other party has ,apermitted exempt water producing well producing water in an amountin excess of 6.0 g p.m., the party without a water producing well, at his sole expense, shall be entitled, to install piping to hook into the existing well for his use. Such additional use shall be limited to in house use .for one single family dwelling only. However, such installation and use shall not interfere with the drilling party's use of the water from. the well. In this instance, /the parties shall cooperate to obtain'any necessary well permit for the use of such well .for such` additional purposes and 'shall .share. expenses and the use of . the- well thereafter as set forth in the original Well Agreement. HAMMES.2AD BIf1K 812 PAGE 747 3. Nothing shall prevent the parties from drilling and using a joint well as was contemplated in the original Well Agreement in the future should both parties agree to that arrangement. 4. All terms and conditions of the Well Agreement not inconsistent herewith shali be binding upon the parties hereto. 5. The provisions herein shall be, binding upon and shall inure to the benefit of the respective parties hereto as owners of the parcels and their successors in interest, assigns, and heirs, and said covenants, conditions, and provisions shall be deemed to the covenants running with the land. 1N W1TN WHEREOF, the parties have executed this Addendum to the- Well f' Agreement thisday or '57,-t2 ,; 1.991. Christopher' Sommer i Michael Hammes HAMMP;.2J D STATE OF COLORADO ) ) ss: COUNTY OF Subscribed and sworn.to before me this ".clay of 1991, by. Christopher Sommer. WITNESS my hand and official seal. My, Commission expires: ,/,'; ' �: r /`!, /I/ STATE OF -€eI=C ADO ) -A.. ) ss. COUNTY • OF. ;: =�.� ._;' z : .• f3(1OK 812 NCE 4,.t\ 777,1 \"} - Notary Public • Subscribed and sworn to before me this ' day .of • 1991, by Michael Hammes. WITNESS my hand and official seal. Y ' My Commission expires: ,1t=t-.L�:..ti- l' • i7 H:iMMES 2AU -3- kt- Notary Public..•'•. 1. WATER SUPPLY The proposed ADU will utilize Mike Well #3 (permit #60536-F, allotment contract #423)on Lot #3 of the West Rimledge Subdivision. This well permitted to support two single family dwellings and two accessory dwelling units. It is shared with Lot #4 which only has one single family dwelling on it. The applicants are requesting deferral of submitting the pump report and water analysis as there is an existing pump test already done. Additionally, the existing well has not had any known issues with supply or water quality for the home on Lot #4 per conversations with the owner. Exhibits 1. Well Permit from Colorado Division of Water Resources 2. Well Sharing agreement and amendment 3. Existing Well Information and Inspection Form Sep -25-00 09:20A P.02 SAMUELSON PUMP CO. INC. P,O. BOX 297 WATER SYSTEMS GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION COLORADO 81602 945-6309 September 25, 2000 Terry Rogers c/o Jensen Homes 303 AAC Aspen, Co. 81611 FAX #923-2550 Attn: Terry Imo' S' cK d cit .cp Igo' iv lyse . e(e0. szY rise to hwse On September 21, 2000 a well test was conducted on a well on Lot 3 & 4 of the Hammes property. The following information was obtained: Well Depth Casing size(top) Sanding water level Total test time Max. drawdown Production is 180'-0" 7" (steel) 129'-0" 4 hrs. 137'-6" 20 gpm. This test was conducted with a 1 hp. Goulds test pump Model 13GS10. The well recovered back to 136'-2" in 30 min. If you have any questions please call me, Raun Samuelson at 945-6309. Sincerely; -.--, -?, Raun Samuelson JUN -10-05 08:26AM FROM -Colo Div of Water Resources +3038663589 Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 888.3681 APPLICANT HBZ LLC DAVID BROWN DISTANCES FROM SECTION LINES 119 5 SPRING ST 210 Ft. from South Section Line ASPEN, CO 81611- 2300 Ft. from East Section Line (970) 925-2100 UTM COORDINATES_(Meters,Zone:13,NAD83) PERMIT TO USE AN EXISTING WELL Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiner .of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. • 3) Approved pursuant to CRS 37-90-137(2), for the use of an existing well (Mike Well #3), permitted under permit no. 54701-F (expired), and constructed under expired permit no. 49688-F, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, Is In effect and when a water allotment contract between the well owner and the Basalt Water.Conservancy District for the release of replacement water from Rued! Reservoir is in effect, or under an approved plan for augmentation. BW CD contract #3.3.5.299, 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings and two detached caretaker units, and the irrigation of not more than 3,000 square feet of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 1.73 acre-feet. 7) The owner shall mark the well In a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve'these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon requed,x,4. o%t/ T-099 P.002/002 F-371 LIC WELL PERMIT NUMBER 62753 -F DIV. 5 WD38 DES. BASIN MD Lot 4 Black: Filing: Subdiv: WEST RIMLEDGE APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 24 Township 7 S Range 88 W Sixth P.M. APPROVED JSG Receipt No, 0538707_ State Englnesr By DATE ISSUED 06-10-2005 EXPIRATION DATE 06-10-2006 WELL SHARING AGREEMENT WELL PERMIT NO. 49666-F MIKE WELL NO, 3 A. PARTIES The parties to this Well Sharing Agreement are Mike Hammes, Lenore Hammes and James N, Jensen. B. RECITALS The reason and purpose for entering into this Agreement is premised upon the follo wing:' j t2 WHEREAS; Mike and Lenore Hammes own 100% of the domestic well referenced in Well Permit No. 49656-F, also known as Mike Well No. 3. J`:%.�: -VD' U 7 WHEREAS, the well was permitted for 15 gallons of water per minute for domestic purposes for two single family dwellings and two caretaker units and irrigation of not more than 3,000 square feet. WHEREAS, a re-application for the well permit is currently pending, which re- application lists Michael Hammes as the Applicant. WHEREAS, Mike and Lenore Hammes are currently the owners of Lot 3 and Lot 4 of the West Rimledge Subdivision as more particularly described on Exhibits A and B attached hereto. Mr. and Mrs, Hammes are in the process of selling Lot 4 of the West Rimledge Subdivision to James N. Jensen and desire to transfer an undivided one-half interest in the domestic well referenced in Well Permit No. 49666-F in connection with the sale. WHEREAS, after the Closing of Lot 4 and after Well Permit No, 49666-P is re -issued the parties desire to assign the Weil Permit to the West Rimledge Homeowner's Association subject to this Well Sharing Agreement. well. WHEREAS, the parties desire to reduce to writing their Agreement regarding said C. AGREEMENT The parties agree as follows: 1. The Recitals set forth above are true and correct and are incorporated herein. Z 'd 66L9 'ON DNI S31NOH N3SNlf WvE0:ll 0007 11 'ISO 1 I1E!II 111110 IIII1I 1Il II11 111111 IIIo111I l 1111 515570 10/26/1997 091264 B1 P73 224 1 of 2 R 11.00 D 0.00 N 0.00 GARFIELD CLERK MEMORANDUM OF W. —'ER ALLOTNIE_VT CONTRACT The Basalt Water Conservancy Disnict (the "i)istnct") ha., granted Water Allotment Contract Nb. 299, sated the day til r ' L •-t 1997 (the "Contract"), to extend to the owneris) of the real property described on Exhibit "A" attached hereto and incorporated herein by reference, the right to beneficially use wale: or water rights owned, leased, or hereafter acquired by the District for such real property located in the County of Garfield, State of Colorado. The Contract is subject to various conditions which may include well permit requirements of the Colorado Division of Water Resources and Water Court approval of an augmentation plan or substitute supply pian. Ansi, rodent of the Contract requires the District's consent tied Applicant's payment of ;In assignment fee. Inquiries may be directed to: Basalt Water Conservancy District, c;/o Schenk, Rerst & deWinter, LLP, 302 Eighth Street. Suite 310. Glenwood Springs, CO 81601. Telephone: (970) 945-2447, Fax: (970) 945-2440 This Memorandum is subject to the tetnv, and provisions of the Contract which are incorporated herein by this 'reference. Capon recording. this Memorandum shall constitute notice to bona fide purchasers of the Contract affecting the above-described property Date. STA'L'E OF COLORADO ) ) ss. COUNTY OF �-I{rrrl . ) BASALT.A ATER CONSERVANCY DISTRICT By:L� ,1 i , 2 l O- fL( L. /; -a-C Arthur Bowles. President The foregoing instrument was acknowledged before nue this ' day of • C L w1 , 1997, by Arthur Bowles, President of the Basalt Water Conservancy District. WITNESS my hand and official seal. My Commission expires: 1 16../11.1!•11m1.‘1111,41:.11111 , 'i � � • eh. Notary Public ;-. l:•' r l � F Lti•...r Allrr meriting ottani Io. i Schenk. lura l lleWtnt:. LLP 301 L-tghth Street. Sade 310 r8en+w1111 Sprang,. CO RIGOI t• 2. Each of the parties may use the well for domestic uses on an equal basis. 3. Ownership and cost sharing of the well: The parties agree to share equally, all costs for common improvements and/or maintenance expenses for the well. 4. The parties shall assign the Well Permit to the West Rimledge Homeowner's Association after the dosing of Lot 4 and after the Well Permit is re -issued. The assignment shall be subject to this Agreement. PALD.L.MEMAL.RELFAR Each party hereto releases the other party from any damages and/or liability that may result from the water quality of the well, This Mutual Release shall run to the benefit of all the parties, their heirs, successors and assigns. PNWIES_AMPARMADQN S..AdD AR The parties, their heirs, successors and assigns, shall make all decisions regarding repairs, maintenance, and common improvements of the well by mutual consent. In the event that the parties cannot agree on issues regarding the operation, maintenance or improvement of the well, the parties shall submit their dispute to binding arbitration, as provided for by Colorado law. The parties shall appoint as the sole arbitrator any appropriate member of a water engineering firm within the Roaring Pork Valley area. The arbitrator is empowered to make any legally proper ruling to resolve the dispute, including an award of damages, injunctive relief, or any other appropriate award. E. COVENNTS RUNN G WIThi THE LAND The parties, their heirs, successors and assigns, hereby agree that the Covenants contained in this Agreement are intended to and shall run with their lands as described in Exhibits A and B attached hereto and incorporated herein by this reference, and may be assigned only in connection with simultaneous conveyance of the lands. G, COUNTERPARTS This agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which, taken together, shall constitute on and the same document. Facsimile copies of the original signature shall be considered legal and binding. Well Staring Agreement Well Permit No. 4 66-4 z ri 66L9 'ON Page z of s SNI S3110H N3SN3f 1N00:11 OOOZ 11 '1)0 EXHIBIT B Lot 4 of the Westrimledge Subdivision according to the final plat recorded in the records of the Garfield County Clerk and Recorder on October 5, 1990 as Reception No. 553272. 9 'd 6619 'ON 3N1 S3WOH N3SN3f WvS0:11 OOOZ11'130 This Agreement constitutes the entire Agreement of upon the parties hereto, their heirs, successors parties. shall be binding and assigns. IN WITNESS WHEREOF, the parties have day and year opposite the mune of each below Date Date I EILO I 00 Date /D — /7 — 00 .II shatiAo+ont ►* e]i Premit No. F 8/4 abed o e qor WVVO 00/E001 ti d - 66L9 'ON ernes N, j_ sen /brit+ -6A7 R0g on' .IDIneIV inu •tn was DNI S3141OH N3SN31 WV O:II 000Z 130 EXHIBIT A Lot 3 of the Westrimledge Subdivision according to the final plat recorded in the records of the Garfield County Clexk and Recorder on October 5,1999 as Reception No. 553272, S 'd 66/9 'ON 3N1 S31NON N3SN3f WOO :II OOOZ 'L1 '130 Sep -25-00 09:20A FROM : 90.-1MASS W S . r. PHONE NO. : 9709236271 • • r-- -.,F.:,..v:1.tt.K:r'.��i r•v:d�"e %i, r .. ' i� ��:�� ...' y'y, l�l� �iV x:.er:i'' .�f"A I;•+'-fy►r–'�:.:'.i! <7iE: .. �•dyK'–!%xri'-'� —�1 •, STANDARD SAGTEDWILOGICAL WATER TEST SASS WATER A BAIFfi[MA MOM P.O. BOX 9M • SKOV/ A5SYi1-Mt CO R1fl1S! A' .1 RUS IDA Sam* Lomtan L.✓ fyrJ,l. • ApAYSTISURf /t%%/g . 1 SAAPLETAx@1DATE TAI$ �SU�LY 4141,1734&—S' WUNr4•• • _ snoop . •, :, %Pr, ' p NM ( I COIANuNITY SUPPLY ( ) ROUTINE DISIAIDUTION SYSTD,I SUPPLY ( l NON CrICONOTY CHECK SFAX 1 l AWES WS f l OTHERMIX ( ta,suw f ) GROUND ( 18JRr,AE ( f')/PATE ( ► SPECIAL Pl1RPOSE SAJ LE - CTE) IF ALL INFlam gn I6 N(AT SUPPLIED. TME SAMPLE MCL BE DISCARDED rawRKlr4 4 ) RETURNTo SA ut PU w►p ,: 1 is ADDI1MSS 4 Siy. 2 9 7 CITY-STATE U L.674l '. 0 004 SPRI 7 CO - _j,d 0 AKA* 'lii71 8KE RAYON KIR TIME UM1Q101LS SAMAUI's /6TR4106 AHD to L &MCsO IIb IA5Y,J•ro11mi DIRECT NOMA NE RS HOER CCJFORM ABSENT Mara PRESENT MALMIMIC ADJUSTED O COUNT: COL1►0Rwoo Nl y - ' %• Wilt a l%i bAQlq 21 a Tat covaRI1nm la. • A RE61Ata 5MATE1 Mut WE COUWRY PER Am Ia. moats ATEs ' NONCONPIANCE WON mom Doom win 9'OINp rm5 •,�•--�a-=-- WASTEWATER MANAGEMENT AND SYSTEM PLAN As a public system is not available, the proposed ADU will utilize a septic system in conjunction with a leach field (OWTS). 1. The applicants plan to have a new system engineered and built per the Garfield County regulations. 2. The specific size and location of the proposed OWTS will be designed to meet the requirements for a 1-4 bedroom ADU. 3. The proposed OWTS is at minimum of 50-100 feet or more from the road. 4. The current OWTS is noncompliant as to required setbacks from property line. The proposed OWTS will comply with Garfield County Regulations regarding setbacks at 10 feet or more from the property line. 5. It is the applicant's intent to obtain the required soil percolation tests and OWTS design once the ADU application has been approved. 39° 25' 55' N 39° 2513' N Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties (Kreager ADU) 8 1' b -Meters N 0 100 200 400 600 Feet 0 400 800 1600 24400 Map projedlon: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 1 1 I 312230 312400 312600 312800 313003 Map Scale: 1:9,110 if printed on A landscape (11" x 8.5") sheet USDA Natural Resources s Conservation Service Web Soil Survey National Cooperative Soil Survey 3 3/16/2018 Page 1 of 3 Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties (Kreager ADU) MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit pec Clay Spot O Closed Depression • Gravel Pit Gravelly Spot CP Landfill A. Lava Flow Ai. Marsh or swamp • Mine or Quarry • Miscellaneous Water • Perennial Water Rock Outcrop 4.. Saline Spot Sandy Spot • Severely Eroded Spot • Sinkhole Slide or Slip • Sodic Spot Q 03 r(h Spoil Area Stony Spot Very Stony Spot Wet Spot • Other Special Line Features .- Water Features Streams and Canals Transportation 4-4-4 Rails - Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and snape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should oe used if more accurate calculations of distance or area are recuired. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Survey Area Data: Version 8, Oct 10, 2017 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 14, 2010—Mar 2, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 3/16/2018 Page 2 of 3 Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Map Unit Legend Kreager ADU USDA Natural Resources Web Soil Survey 3/16/2018 Conservation Service National Cooperative Soil Survey Page 3 of 3 Map Unit Symbol I Map Unit Name Acres in AOI Percent of AO1 34 Empedrado loam, 2 to 6 percent slopes 21.1 5.2% 36 Empedrado loam, 12 to 25 percent slopes 86.8 21.5% 55 Gypsum land-Gypsiorthids complex, 12 to 65 percent slopes 161.9 40.2% 94 Showalter-Morval complex, 5 to 15 percent slopes 0.4 0.1% 95 Showalter-Morval complex, 15 to 25 percent slopes 59.2 14.7% 106 Tridell-Brownsto stony sandy loams, 12 to 50 percent slopes, extremely stony 36.7 9.1% 115 Yamo loam, 6 to 12 percent slopes 25.5 6.3% 120 Water 11.4 2.8% Totals for Area of Interest 403.0 100.0% USDA Natural Resources Web Soil Survey 3/16/2018 Conservation Service National Cooperative Soil Survey Page 3 of 3 1111111111111111111111111111111111111111111111111111111 571760 11/03/2000 10:21A B1215 P879 M ALSDORF 1 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF EASEMENTS THIS DECLARATION OF EASEMENTS is made this 3) day of October, 2000, by MICHAEL N. HAMMES and LENORE L. HAMMES ("Declarants"). RECITALS A. Declarants are the owners of Lot 2 and Lot 3, West.Rirnledge Subdivision ("Lot 2" or "Lot 3", as the case may be), according to the Final Plat thereof recorded October 5, 1999 in the Garfield County real estate records as Reception No. 553272. B. Lot 3 and Lot 2 are adjacent to one another so that the westerly boundary line of Lot 3 forms the easterly boundary line of Lot 2, C. Declarants wish.to impose the -following easements upon and for the benefit of Lots 2 and 3 as hereinafter set forth in this Declaration. DECLARATION OF EASEMENT 1. Easement Upon Lot 3 for the Benefit of Lot 2. a. Description and Purpose of Easement. Declarants hereby create a non- exclusive easement, on, along, over and across that portion of Lot 3 which is described on Exhibit A attached hereto and incorporated herein by this reference, for the benefit of Lot 2 and the owner thereof, said owner's guests and invitees, for the purpose of constructing, using, maintaining, repairing, and replacing, a driveway upon said easement ("Driveway Easement"). Said Driveway Easement may be used as vehicular and pedestrian access to a garage and/or guesthouse which may be constructed on Lot 2 detached from the existing dwelling unit on Lot 2. It is acknowledged and agreed that this Easement is non-exclusive in that the owner of Lot 3, his guests and invitees, may use the Easement as a driveway to provide vehicular and pedestrian ingress and egress to any improvement which may be constructed on Lot 3, or for any other purpose which does not interfere with the use of the Easement as a driveway to access a detached garage/guesthouse on Lot 2. b. Duration of Driveway Easement. The Driveway Easement shall either N. become a permanent easement or be terminated as hereinafter provided. In the event that ,mss, Declarants obtain a building permit and commence construction of a detached garage and/or N guesthouse on Lot 2, the Driveway Easement shall automatically become a permanent easement upon the recording of a written instrument in the Garfield County real estate records which: i. Refers to this Declaration by its recording information; 1.0-tc-rx +01 1 c(r `Y Mo,nb qv n `ar&2Aar.&, 746 �+ z,-"G'f�two o cl 5, `L6 ii. States that Declarants or an Allowed Transferee as defined below are the owners of Lot 2; and iii. States that Declarants or an Allowed Transferee have obtained a building permit for a detached garage and/or guesthouse on Lot 2. In the event that Declarants sell or transfer Lot 2 to any transferee except a business entity in which Declarants are the owners of more than a fifty percent (50%) interest, one or more of Declarants' children, or a family trust or partnership whose beneficial interest is owned by Declarants or members of their immediate family (collectively, an "Allowed Transferee"), without first recording the Affidavit described hereinabove, then the Driveway Easement created hereby shall terminate upon the recording of the Deed of Conveyance from Declarants to any transferee other than an Allowed Transferee, 2. Easement for Encroachment. Declarants hereby create an easement for an encroachment on Lot 2, for the benefit of Lot 3 and the owners thereof as hereinafter provided ("Encroachment"). Declarants hereby acknowledge that in order to properly construct a driveway to any improvement to be constructed within the building envelope on Lot 3, a "switchback" from the driveway constructed within the Driveway Easement described in Section 1, above, will be necessary. A properly constructed driveway switchback of the Lot 3 driveway may encroach onto Lot 2. The reason and purpose for the Encroachment authorized hereby is to allow the Lot 3 driveway switchback to encroach onto Lot. 2; provided, however, that (i) the size of the Encroachment shall be the minimum necessary to allow construction of the Lot 3 driveway switchback, and in no event shall the Encroachment extend more than fifteen feet (15') onto Lot 2, or at any location other than the location of the Lot 3 driveway switchback; (ii) in constructing any driveway within the Encroachment, the owner of Lot 3 shall take all reasonable efforts to minimize the amount of vegetation on Lot 2 which is damaged or destroyed by such construction activity; and (iii) any surface ofLot 2 which is disturbed by construction of the driveway within the Encroachment shall be revegetated by the owner of Lot 3. 3. The Driveway Easement and Encroachment created hereby shall be a burden and benefit to Lot 3 and Lot 2 as hereinabove provided, shall run with Lot 3 and Lot 2, and shall be binding upon and inure to the benefit of Declarants, and the owners of each of Lot 3 and Lot 2, their heirs, personal representatives, successors and assigns, as hereinabove specifically provided. Declaration of Easements Michael N. Hammes and Lenore L. Hammes 1 111111 11111 111111 11111 11111 11111 111111111 11111 1111 IIII 571760 11/03/2000 10:21A B1215 P880 M ALSDORF 2 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO Page 2 of 3 1111111111111111111111111111111111111111111111111111111 571760 11/03/2000 10:21A B1215 P881 M ALSDORF 3 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, Declarants have executed this Declaration of Easements on this day of October, 2000. - STATE OF alit/ raeit-M- ) ) ss COUNTY OF 7Jj JEG ) Michael Hammes f Lenore L. Hamme The above and foregoing document was acknowledged before me this day of OcroBe c , 2000, by Michael N. Hammes. Witness my hand and official Notary Pub My commission ex fres: My address is: A-41- Th,C4-D4-V 1 ; s,c gl0 C,4cs D 674 -gra( STATE OF G/fft,T9441/4-- ) ) ss COUNTY OF ,.J'7(11Di'-6G ) CHERYL CAEAITENI CommTSscn # 1 155639 y No'ary P - Ca?iforr�ia #J, / SQ'i .:li^y-^ County ••- tit '2F The above and foregoing document was acknowledged before me this (9C-M8c-X. , 2000, by Lenore L. Hammes. Witness my hand and official My commission expires: My address is:'31a .1-XA-MY ,41.)er 57-6= 36 Notary Pub 7//0/ c:Swp-dOCf1Ll ]4nJD ... 1 0-26-00 Declaration of Easements Michael N. Hammes and Lenore L. Hammes day of CHERYL CIABATTlNI Commission # 1155639 No'ary Pyr i. - California 1 C.r= 5a' -");P.a� County a 0 0 a cUa E )- �NZ CO o O. 0 =61 O N W a-1 -I Mm CC as .4c� m �m m � m X00 N m N 4-1 CO iztmoi� o r - •:r EXHIBIT A. EXISTING 50' INGRESS. EGRESS, EMERGENCY ACCESS, UTILITY AND DRAINAGE EASEMENT • 8.44' N53'34'05"E 30.07' • 30' ACCESS EASEMENT t UILDING N VELOPE N89'32' 29" 25.42' LOT 3 WEST RIMLEDGE SUB. SOUTH QUARTER CORNER SEC. 24. FOUND. ALUMINUM CAP L.S. #11204 30' ACCESS EASEMENT DESCRIPTION A 10' WIDE STPIP OF LAND SITUATED IN LOT 3. WEST RIMLEDGE SUBDIVISION, COUNTY OF GARFIELD, S'fATE OF COLORADO; SAID EASEMENT LYING 15.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMANCING AT THE SOUTH OUARTER CORNER OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 158 WEST Of THE SIXTH PRINCIPAL MERIDIAN; THENCE N 89'32'29'' W ALONG THE: SOUTHERLY LINE OF SAID SECTION 24 A DISTANCE OF 25.42 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID WEST RIMLEDGE SUBDIVISION; THENCE N 161I'5T' W ALONG THE WESTERLY UNE OF SAID LOT 3 A DISTANCE OF 199.81 FEET TO A POINT ON THE CENTERLINE OF SAID EASEMENT. THE POINT OF BEGINNING; THENCE LEAVING SA10 WESTERLY LOT LINE N 62'58'35" E ALONG SAID CENTERLINE 164.48 FEET; ThENCE CONTINUING ALONG SAID CENTERLINE N. 53'34'05" E 30.07 FEET; THENCE- CONTINUING ALONG SAID CENTERLINE N 23'19'05 E 8.44 FEET TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY OF AN EXISTING 50' INGRESS, EGRESS. EMERGENCY ACCESS, UTILITY AND DRAINAGE EASEMENT, THE TERMINUS_ lesatkullouileff kyam 1j ry tra Sie • .;--;-V-hl 19598 .i.Iti;*‘.7)\""tk/41i 14r/,lfIlfieli I;�, DATE: SFPI 000__-. Ale I ciNI-*f;! ..._ -,^rf.: a coms, .r -r �. , carro)�4 RECORDED //.'1/4 J"C! 3CKf%.M. y46`742'1 Boox0912^ECi896 AUG ti9 1994MILt�k G ,'c•• at_5Rz, t;.ARFi_LD l.C_?K PRIVATE ROAD MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this 15th day of December, 1993, by and between the owners of land described in the Garfield County Clerk and Recorder's office as follows: OWNERS BOOK AND PAGE NUMBER Edward Collum and Cynthia Chardonnay 758/208 Shelly Gross and Annie Gross 772/965 Michael Hammes and Lenore Hammes 772/965 Rob Hunter and Patti Hunter 768/68 Terry Kirk and Julie Kirk 717/921 Lisa Kruidenier and Joe Scofield 787/966 Lisa Kruidenier and Joe Scofield 841/245 Kristen Lawrence 837/521 Phil Miller and Sally Miller 878/499 Steve Miller and Dawn Miller 841/987 Gregory Peters and Brenda Peters 753/2 Christopher Sommer 521/568 Ron Tarrson 754/612 Ron Tarrson, Trustee, etc. 805/343 Dave Zimmerman and Sally Zimmerman 824/620 WHEREAS, the parties hereto are each separate owners of land described on the book and page numbers as indicated above. Said parcels are adjacent to that roadway known as the Rimledge easement. WHEREAS, the parties hereto have each been granted a right of way along the road appurtenant to their homesites for purposes of ingress and egress to County Road 100 in the Carbondale, Colorado area. NOW, THEREFORE, in consideration of the mutual promises and terms contained herein, the parties hereto agree as follows: 1. The access road serving the homesites of the parties hereto shall be maintained by all the landowners served by such road and each owner shall pay his/her pro rata share of such maintenance and upkeep. 2. The provisions of this agreement shall run with the land of each of the above described parties and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 3. A board of directors comprised of homeowners shall be elected by November 1st each year. Said board shall handle the administration of said maintenance and upkeep. Page 1 of 2 (i4 (,A% o. X703 p//Z/ 800x0912 ^Gr; ;S 7 4. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dy ad year first above }vriftbn. 2, STATE OF .4Y,c� ) . ss. County of minas ) Collier =�� FLORI A Subscribed and sworn to before me this -.\ �L• L.L.L. , (s_ JANUARY, 1994 9r/day of MiligiorSoii, PM by Robert J. Lanigan and Mary E. Lanigan Witness my hand and official seal. My commission expires: • ID F-13 ‘16-4-11 11•0111311-69-15-` -> p:19-(.1:711 jt �•r ,,,"4; LINDA M. HARRIS *: ,•� ;•; W COMMISSION N CC295482 EXPIRES ry Public ; June 22,1997 • BONDED TNRU TROY FAIN INSURANCE, DC. August 18, 1994 CLERK AND RECORDER: Re: Rimledge Road Maintenance Agreement Please note that Robert and Mary Lanigan's left off of the list of property owners on Maintenance Agreement but they have signed part of the Agreement. Please record this Sincerely, 800X0912 puf 898 name has inadvertently been the original Road their copy and want to be with the agreements. Ned Collum Treasurer and Board Member EXHIBIT C DEED OF EASEMENT FOR EMERGENCY ACCESS Wooden Deer Homeowners Association, a corporation organized and existing under the laws of the State of Colorado, Robert C. Ball and William J. Ball, as owners of Lot 5, Wooden Deer Subdivision, (collectively, "Grantors"), for and in consideration of the sum of Ten Dollars and 00/100ths ($10.00) and other valuable consideration in hand paid by Michael N. Hammes and Lenore L. Hammes whose address is 5363 County Road 100, Carbondale, Colorado 81623, (collectively, "Grantees"), receipt of which is hereby acknowledged, has given and quitclaimed and by these presents does hereby quitclaim unto said Grantees, their heirs, successors and assigns, a perpetual, non-exclusive easement thirty (30) feet in width along, over and across the premises more particularly described on Exhibit A attached hereto and incorporated herein by this reference, subject to the following: 1. Purposes of Easement. The Easement granted hereby is for Emergency Fire AccesslEgress and underground telephone line purposes (the "Emergency Access Easement"), to, from, and between West Rimledge Subdivision according to the Final Plat thereof recorded �G a �jPr , 1999, as Reception No. 55 3x'3' Z. , and Wooden Deer Subdivision, according to the Final Plat thereof recorded December 7, 1992 as Reception No. 441908. The Emergency Access Easement granted hereby is expressly limited to only emergency fire or medical situations, and may be utilized by property owners within West Rimledge Subdivision seeking ingress or egress to West Rimledge Subdivision in an emergency fire or medical situation only; by property owners within Wooden Deer Subdivision seeking ingress or egress to Wooden Deer Subdivision in an emergency fire or medical situation only; or by emergency service personnel and their equipment seeking ingress or egress to either West Rimledge Subdivision or Wooden Deer Subdivision in a fire or medical emergency situation. No other traffic of any kind, including, but not limited to, equestrian, pedestrian, or vehicular traffic will be allowed or authorized along the Emergency Access Easement. In addition the Grantees may cause underground telephone lines providing service to West Rimledge Subdivision to be installed within the easement prior to construction of the roadway as provided in paragraph 2 hereof. 2. Construction of Roadway. Grantees shall construct an approximately twelve (12) foot wide roadway within the Emergency Access Easement consisting of a minimum of six (6) inches in depth of three (3) inch road base material. Grantees shall keep and maintain that portion of the roadway within West Rimledge Subdivision clear of any obstacles which would block the roadway from use in fire or medical emergencies, and Grantor shall keep and maintain the roadway within Wooden Deer Subdivision clear of any obstacles which would block the roadway from use in fire or medical emergencies, all in accordance with request of the Carbondale & Rural Fire Protection District. Grantees shall construct a breakaway gate upon the roadway at approximately the boundary line between the West Rimledge Subdivision and the Wooden Deer Subdivision. In the event that the breakaway gate is ever broken down due to the emergency use of the easement, the parties hereto shall each pay one-half of the cost of reconstructing such breakaway gate. 3. Binding Effect; Covenants Running with the Land. This Deed of Easement and the rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Lawrence R. Green Page 1 of 3 1 111111 11111 111111 111111 111 1111111 11111 111 1111111111111 P.O. 790 Drawer, CO sum 553274 10/05/1999 04:40P B1154 P22 M ALSDORF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO 1 111111 11111 111111 111111 111 1111111 11111 111 11111 1111 1111 553274 10/05/1999 04:40P B1154 P23 M ALSDORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO hereto, their respective heirs, personal representatives, successors and assigns, and shall be deemed to be a burden and benefit running with the West Rimledge Subdivision and the Wooden Deer Subdivision, respectively. It is specifically acknowledged and agreed that the Grantees may assign their rights and obligations under this Deed of Easement only to the homeowners association comprised of the owners of such Lots 1 - 4 within West Rimledge Subdivision. 4. Attorneys' Fees. In the event that either party hereto retains an attorney for the purpose of enforcing any right or duty arising out of this Deed of Easement, the non -prevailing party in such dispute shall pay the prevailing party the latter's reasonable attorneys' fees, whether or not litigation is actually instituted. 5. Signatures in Counterparts. This Deed of Easement maybe executed in one or more counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. TO HAVE TO HOLD THE SAME, together with all and singular the appurtenances and privileges thereunto belonging, or any wise thereunto appertaining, and all the estate, right, title, interest and claim as set forth herein, whether in law or equity, in and to the Easement hereby granted to the only proper use, benefit and behoove of the said Grantees, their heirs, successors and assigns. IN WITNESS WHEREOF, Grantor has executed the within Deed of Easement this 9 day of Se,) -1.-e ink P , 1999. WOODEN DEER HOMEOWNERS ASSOCIATION By: STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) Christopher L. le, Presiden The above and foregoing document was acknowledged before me this C. day of , 1999, by Christopher L. Coyle, as President of Wooden Deer Homeowners Association. ' ,i, tress'iny hand and official seal. ,‘,2,\ .. : 818 ^Q9(r,' r, A,a-Ue f iGlenwcG •..> ! inc, '.:0 81601 601 cq yisun expires: .• GFu PUpi,1C' cJ ti Deectof, ee )r mergency Access Wooden, m., orrieowners Association/Hammes Notary Public Page 2 of 4 uiWi 11111 111111 111111 111 1111111 11111 111 11111 1111 1111 553274 10/05/1999 04:40P B1154 P24 M ALSDORF 3 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO STATE OF Iliad f 0T/c ) ss COUNTY OF /UPSSPJLt Robert C. Ball Si( kJcttm.eT44ZL illiam J. Bali The above and foregoing document was acknowledged before me this j day of s cPTr� bere._ , 1999, by Robert C. Ball, as owner of Lot 5, Wooden Deer Subdivision. MAUREEN PRUNTY Witness my hand and official seal. NOTARY PUBLIC, State of Nevi Yae9. No. 414746820 Qualified in Nassau County �� My commission expires: Commission Expires February Aar STATE OF COUNTY OF ) ss 07 Notary Public The above and foregoing document was acknowledged before me this day of , 1999, by William J. Ball, as owner of Lot 5, Wooden Deer Subdivision. Witness my hand and official seal. My commission expires: Notary Public Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Page 3 of 4 1111111 11111 111111111111 ill 111111111111 Ill 11111 11111111 553274 10/05/1999 04:40P B1154 P25 M ALSDORF 4 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO Charles A. Vidal REAL ESTATE AFFILIATES, INC. By: President STATE OF ) ) ss COUNTY OF ) The above and foregoing document was acknowledged before me this day of , 1999, by Charles A. Vidal, as co-owner of Lot 4, Wooden Deer Subdivision. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) ss COUNTY OF ) The above and foregoing document was acknowledged before me this day of , 1999, by , President of Real Estate Affiliates, Inc., as co-owner of Lot 4, Wooden Deer Subdivision. Witness my hand and official seal. My commission expires: c 1wp-docs5LG\Hammes1 ...138.99 Notary Public Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Page 4 of 4 EXHIBIT A IN I • 1111111111111111111111111111111111111111111 553274 10/05/1999 04:40P B1154 P26 M ALSDORF 5 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO DESCI&IION . A 30.00 FOOT WIDE STRIP OF LAND SITUATED IN 111E SWI14S W 114 OF SECTION 24, TOWNSIIIP 7 SOUTH, RANGE 88 WEST OF THE SIXTHPRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE CW COLORADO, CROSSING LOTS 4 ANL) 5 OF WE WOODEN DEER. SUBDIVISION AS RECORDED IN RECEPTION NO. 441908 OF THE GARFIEI.D COUNTY CLERK AND RECORDER'S OFFICE; SAID EASE. la r LYING 15.00 FEET TO EACII SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: (ALL BEARINGS CONTAINED HEREIN ARF. BASED ONA BEARING OF N 88°35'55" W BETWF.F.N THE SOUTHEAST CORNER OF SECTION 24,A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE AND TIIE SOUTH QUARTER. CORNER OF SAID SUCTION 24, A ALUMINUM CAP L.S. 411204 IN PLACE) COMMENCING AT THE SOUTII QUARTER CORNER OF SAID SECTION 24, A ALUMINUM CAP L.S. 411204 IN PLACE; THENCE N 58°1514* W 1560.97 FEET TO THF POINT OP INI`1:RSI+CI1ON OF THE WESTERLY BOUNDARY OF WEST RIMLEDGE SUI3DIVISION AND THE CENTERLINE OF TILL 30' EMERGENCY ACCESS EASFALTNIT CROSSING WEST RIMLEDGE SUBDIVISION, THE POD l' OF BEGINNING;111ENCE .LEAVING SAID WESTERLY LINE, AND CROSSING THE EMERGENCY FIRE ACCESS / EGRESS EASEMENT SHOWN ON THE PLAT OF WOODEN DEER SUBDIVISION ALONG THE CENTERLINE OF SAID EASEMENT ALONG THE ARC OF A CURVE TO 1I -IE LEFT HAVING A RADIUS OF 55.00 FEET AND A CENTRAL ANGLE OF 36°53'15', A DISTANCE OF 35.41 FEET (CHORD BEARS 5 24°111r W34.80 FEET); THENCE CONTINUING ALONG SAID CENTERLINE 5 05044142* W 2.32 FEET 'ID A POINT ON TE IE CENTERLINE OF SAID EMLitGENCY FIRE 4CCFS5 /EGRESS F.ASEMENT SIIOWN ON THU PLAT OF WOODEN DEER SUBDIV1SIO N THENCE ALONG THE CENTERLINE OF SAID C.MIiRGLNCY FIRE ACCESS 1 EGRESS EAS a M f AND CONTINUING ALONG SAID CENTERLINE THE FOLLOWIN FOUR (4) COURSES: 1. ALONG THE ARC OF A CURVE TO THE SIGIrr HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE 0F6751'24", A DISTANCE OF 142.12 FEET (CHORD BEARS 5 35°50'06" W 133.96 E I ) 2. S 69°45'49" W 98.79 FEET • 3. ALONG THE ARC OF A CURVE TO THE IEFTHAVING A RADIUS OF 215.00 FEET AND A CENTRAL ANGLE OF 1415'52", A DISTANCE OF 54.78 FEET (CHORD 13 LIARS S 62°2753" W54.63 FEET) 4. S 55°09'57' W 78.63 FEET TO A POINT ONTHE CENTERLINE OF WOODEN DEER ROAD,111I? T13RMINUS, WHENCE THE SOUTH QUARTER CO OF. SAID SECTION 24 AF.ARS S 70°41'56" E 1725.46 FEET. 923 COOPER AVENUE • GLENW000 SPRINGS, COLORADOI31601 T2Lophnnc ;970] 945-8676 • Fax (970) 945-2555 lulWW0yp EXHIBIT C DEED OF EASEMENT FOR EMERGENCY ACCESS Wooden Deer Homeowners Association, a corporation organized and existing under the laws of the State of Colorado, Robert C. Ball and William J. Ball, as owners of Lot 5, Wooden Deer Subdivision, (collectively, "Grantors"), for and in consideration of the sum of Ten Dollars and 00/100ths ($10.00) and other valuable consideration in hand paid by Michael N. Hammes and Lenore L. Hammes whose address is 5363 County Road 100, Carbondale, Colorado 81623, (collectively, "Grantees"), receipt of which is hereby acknowledged, has given and quitclaimed and by these presents does hereby quitclaim unto said Grantees, their heirs, successors and assigns, a perpetual, non-exclusive easement thirty (30) feet in width along, over and across the premises more particularly described on Exhibit A attached hereto and incorporated herein by this reference, subject to the following: 1. Purposes of Easement. The Easement granted hereby is for Emergency Fire AccesslEgress and underground telephone line purposes (the "Emergency Access Easement"), to, from, and between West Rimledge Subdivision according to the Final Plat thereof recorded �G a �jPr , 1999, as Reception No. 55 3x'3' Z. , and Wooden Deer Subdivision, according to the Final Plat thereof recorded December 7, 1992 as Reception No. 441908. The Emergency Access Easement granted hereby is expressly limited to only emergency fire or medical situations, and may be utilized by property owners within West Rimledge Subdivision seeking ingress or egress to West Rimledge Subdivision in an emergency fire or medical situation only; by property owners within Wooden Deer Subdivision seeking ingress or egress to Wooden Deer Subdivision in an emergency fire or medical situation only; or by emergency service personnel and their equipment seeking ingress or egress to either West Rimledge Subdivision or Wooden Deer Subdivision in a fire or medical emergency situation. No other traffic of any kind, including, but not limited to, equestrian, pedestrian, or vehicular traffic will be allowed or authorized along the Emergency Access Easement. In addition the Grantees may cause underground telephone lines providing service to West Rimledge Subdivision to be installed within the easement prior to construction of the roadway as provided in paragraph 2 hereof. 2. Construction of Roadway. Grantees shall construct an approximately twelve (12) foot wide roadway within the Emergency Access Easement consisting of a minimum of six (6) inches in depth of three (3) inch road base material. Grantees shall keep and maintain that portion of the roadway within West Rimledge Subdivision clear of any obstacles which would block the roadway from use in fire or medical emergencies, and Grantor shall keep and maintain the roadway within Wooden Deer Subdivision clear of any obstacles which would block the roadway from use in fire or medical emergencies, all in accordance with request of the Carbondale & Rural Fire Protection District. Grantees shall construct a breakaway gate upon the roadway at approximately the boundary line between the West Rimledge Subdivision and the Wooden Deer Subdivision. In the event that the breakaway gate is ever broken down due to the emergency use of the easement, the parties hereto shall each pay one-half of the cost of reconstructing such breakaway gate. 3. Binding Effect; Covenants Running with the Land. This Deed of Easement and the rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Lawrence R. Green Page 1 of 3 1 111111 11111 111111 111111 111 1111111 11111 111 1111111111111 P.O. 790 Drawer, CO sum 553274 10/05/1999 04:40P B1154 P22 M ALSDORF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO 1 111111 11111 111111 111111 111 1111111 11111 111 11111 1111 1111 553274 10/05/1999 04:40P B1154 P23 M ALSDORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO hereto, their respective heirs, personal representatives, successors and assigns, and shall be deemed to be a burden and benefit running with the West Rimledge Subdivision and the Wooden Deer Subdivision, respectively. It is specifically acknowledged and agreed that the Grantees may assign their rights and obligations under this Deed of Easement only to the homeowners association comprised of the owners of such Lots 1 - 4 within West Rimledge Subdivision. 4. Attorneys' Fees. In the event that either party hereto retains an attorney for the purpose of enforcing any right or duty arising out of this Deed of Easement, the non -prevailing party in such dispute shall pay the prevailing party the latter's reasonable attorneys' fees, whether or not litigation is actually instituted. 5. Signatures in Counterparts. This Deed of Easement maybe executed in one or more counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. TO HAVE TO HOLD THE SAME, together with all and singular the appurtenances and privileges thereunto belonging, or any wise thereunto appertaining, and all the estate, right, title, interest and claim as set forth herein, whether in law or equity, in and to the Easement hereby granted to the only proper use, benefit and behoove of the said Grantees, their heirs, successors and assigns. IN WITNESS WHEREOF, Grantor has executed the within Deed of Easement this 9 day of Se,) -1.-e ink P , 1999. WOODEN DEER HOMEOWNERS ASSOCIATION By: STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) Christopher L. le, Presiden The above and foregoing document was acknowledged before me this C. day of , 1999, by Christopher L. Coyle, as President of Wooden Deer Homeowners Association. ' ,i, tress'iny hand and official seal. ,‘,2,\ .. : 818 ^Q9(r,' r, A,a-Ue f iGlenwcG •..> ! inc, '.:0 81601 601 cq yisun expires: .• GFu PUpi,1C' cJ ti Deectof, ee )r mergency Access Wooden, m., orrieowners Association/Hammes Notary Public Page 2 of 4 uiWi 11111 111111 111111 111 1111111 11111 111 11111 1111 1111 553274 10/05/1999 04:40P B1154 P24 M ALSDORF 3 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO STATE OF Iliad f 0T/c ) ss COUNTY OF /UPSSPJLt Robert C. Ball Si( kJcttm.eT44ZL illiam J. Bali The above and foregoing document was acknowledged before me this j day of s cPTr� bere._ , 1999, by Robert C. Ball, as owner of Lot 5, Wooden Deer Subdivision. MAUREEN PRUNTY Witness my hand and official seal. NOTARY PUBLIC, State of Nevi Yae9. No. 414746820 Qualified in Nassau County �� My commission expires: Commission Expires February Aar STATE OF COUNTY OF ) ss 07 Notary Public The above and foregoing document was acknowledged before me this day of , 1999, by William J. Ball, as owner of Lot 5, Wooden Deer Subdivision. Witness my hand and official seal. My commission expires: Notary Public Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Page 3 of 4 1111111 11111 111111111111 ill 111111111111 Ill 11111 11111111 553274 10/05/1999 04:40P B1154 P25 M ALSDORF 4 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO Charles A. Vidal REAL ESTATE AFFILIATES, INC. By: President STATE OF ) ) ss COUNTY OF ) The above and foregoing document was acknowledged before me this day of , 1999, by Charles A. Vidal, as co-owner of Lot 4, Wooden Deer Subdivision. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) ss COUNTY OF ) The above and foregoing document was acknowledged before me this day of , 1999, by , President of Real Estate Affiliates, Inc., as co-owner of Lot 4, Wooden Deer Subdivision. Witness my hand and official seal. My commission expires: c 1wp-docs5LG\Hammes1 ...138.99 Notary Public Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Page 4 of 4 EXHIBIT A IN I • 1111111111111111111111111111111111111111111 553274 10/05/1999 04:40P B1154 P26 M ALSDORF 5 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO DESCI&IION . A 30.00 FOOT WIDE STRIP OF LAND SITUATED IN 111E SWI14S W 114 OF SECTION 24, TOWNSIIIP 7 SOUTH, RANGE 88 WEST OF THE SIXTHPRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE CW COLORADO, CROSSING LOTS 4 ANL) 5 OF WE WOODEN DEER. SUBDIVISION AS RECORDED IN RECEPTION NO. 441908 OF THE GARFIEI.D COUNTY CLERK AND RECORDER'S OFFICE; SAID EASE. la r LYING 15.00 FEET TO EACII SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: (ALL BEARINGS CONTAINED HEREIN ARF. BASED ONA BEARING OF N 88°35'55" W BETWF.F.N THE SOUTHEAST CORNER OF SECTION 24,A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE AND TIIE SOUTH QUARTER. CORNER OF SAID SUCTION 24, A ALUMINUM CAP L.S. 411204 IN PLACE) COMMENCING AT THE SOUTII QUARTER CORNER OF SAID SECTION 24, A ALUMINUM CAP L.S. 411204 IN PLACE; THENCE N 58°1514* W 1560.97 FEET TO THF POINT OP INI`1:RSI+CI1ON OF THE WESTERLY BOUNDARY OF WEST RIMLEDGE SUI3DIVISION AND THE CENTERLINE OF TILL 30' EMERGENCY ACCESS EASFALTNIT CROSSING WEST RIMLEDGE SUBDIVISION, THE POD l' OF BEGINNING;111ENCE .LEAVING SAID WESTERLY LINE, AND CROSSING THE EMERGENCY FIRE ACCESS / EGRESS EASEMENT SHOWN ON THE PLAT OF WOODEN DEER SUBDIVISION ALONG THE CENTERLINE OF SAID EASEMENT ALONG THE ARC OF A CURVE TO 1I -IE LEFT HAVING A RADIUS OF 55.00 FEET AND A CENTRAL ANGLE OF 36°53'15', A DISTANCE OF 35.41 FEET (CHORD BEARS 5 24°111r W34.80 FEET); THENCE CONTINUING ALONG SAID CENTERLINE 5 05044142* W 2.32 FEET 'ID A POINT ON TE IE CENTERLINE OF SAID EMLitGENCY FIRE 4CCFS5 /EGRESS F.ASEMENT SIIOWN ON THU PLAT OF WOODEN DEER SUBDIV1SIO N THENCE ALONG THE CENTERLINE OF SAID C.MIiRGLNCY FIRE ACCESS 1 EGRESS EAS a M f AND CONTINUING ALONG SAID CENTERLINE THE FOLLOWIN FOUR (4) COURSES: 1. ALONG THE ARC OF A CURVE TO THE SIGIrr HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE 0F6751'24", A DISTANCE OF 142.12 FEET (CHORD BEARS 5 35°50'06" W 133.96 E I ) 2. S 69°45'49" W 98.79 FEET • 3. ALONG THE ARC OF A CURVE TO THE IEFTHAVING A RADIUS OF 215.00 FEET AND A CENTRAL ANGLE OF 1415'52", A DISTANCE OF 54.78 FEET (CHORD 13 LIARS S 62°2753" W54.63 FEET) 4. S 55°09'57' W 78.63 FEET TO A POINT ONTHE CENTERLINE OF WOODEN DEER ROAD,111I? T13RMINUS, WHENCE THE SOUTH QUARTER CO OF. SAID SECTION 24 AF.ARS S 70°41'56" E 1725.46 FEET. 923 COOPER AVENUE • GLENW000 SPRINGS, COLORADOI31601 T2Lophnnc ;970] 945-8676 • Fax (970) 945-2555 lulWW0yp Roadway Standards There are currently three homes and one ADU in the West Rimledge subdivision. We are proposing to build one home and one ADU bringing the total number of dwellings to four homes and two ADUs. The Institute of Transportation Engineers, Trip Generation, 7th edition states that single family homes generate 9.57 average daily trips (ADT) per day. Using this cal- culation the subdivision is currently generating 38.28 ADT based on 4 single family homes. The proposed 2 dwelling on lot 3 would generate 19.14 ADT. This would bring the total ADT for the subdivision to 57.42 putting the internal roadway into the Semi Primitive Category per the 7-107 Roadway Standards Table in Article 7 of the Garfield County LUDC. The internal road that services the West Rimledge Subdivision has a gravel surface and it 20-21' wide with 2' shoulders that slope into ditches on either side of the road. The grade does not exceed 10% and the minimum center line radius at any point is not under 50'. The road meets all the standards set forth in the 7-107 table in the semi -primitive table. I have at- tached a picture taken of the road on 4.19.18. The driveway on the lot falls into primitive / driveway category per table 7-107, having 19.14 ADT. The driveway will be designed and constructed to meet or exceed the standards of the primitive / driveway category SECTION 7-107 Traffic and Roadways 1. The current access and activity for the property onto County Road 100 will remain the same. The anticipated trip generation of an ADU at the property will be 9.57 ADT. As such there are no anticipated/probable impacts of any additional traffic on the county road after construction is complete. 2. The property is located near the end of Rimledge Rd off of Catherine's Store Rd. with two residences between it and a turnaround/emergency access easement to Wooden Deer Subdivision. Traffic is at an under -average count for stated county road as it is located at what is effectively a dead end. 4. A driveway will be constructed prior to construction of the ADU. 5. The gently slope existing grade of the site will allow a driveway to be create at elevations close to existing grade and will not require a large amount of fill to be brought on site A. Access to Public Right -of -Way.. B. Safe Access. Access to and from the use shall be safe and in conformance with applicable County, State, and Federal access regulations. Where the Land Use Change causes warrant(s) 7-4 for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying for those improvements. C. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. D. Road Dedications. All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts them as such. E. Impacts Mitigated. Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. F. Design Standards. Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows: see table 7-107 1. Circulation and Alignment. Driveway is in alignment with the road and will join it in a logical manner. 2. Intersections. N/A 3. Street Names. N/A 4. Congestion and Safety. A road is not being built. The current road adequately provides. 5. Continuation of Roads and Dead -End Roads. N/A 6. Relationship to Topography. The driveway shall be designed to be compatible with the topography, creeks, wooded areas, and other natural features. 7-6 to topography, hazards or other design constraints, additional road width is necessary to provide for the public safety by cut and/or fill area, drainage area, or other road appurtenances along roadways, then dedication or right -of way in excess of the minimum standards set forth in this Code shall be required. 7. Erosion and Drainage. The road system shall minimize erosion and provide for efficient and maintainable drainage structures. 8. Commercial and Industrial. The roads and access in commercial and industrial developments shall be designed to minimize conflict between vehicular and pedestrian traffic. 9. Emergency Access and Egress. Roads shall be designed so as to provide emergency access and egress for residents, occupants, and emergency equipment. Emergency access shall comply with provisions of the International Fire Code and requirements of applicable emergency services, such as fire protection, ambulance, and law enforcement. 10. Traffic Control and Street Lighting. Traffic control devices, street signs, street lighting, striping, and pedestrian crosswalks are to be provided as required by the County Road and Bridge Department or other referral agencies. 11. Drainage Structures. a. Roadway drainage structures such as bridges, culverts, cross pans, inlets, and curbs and gutters shall be provided as determined by design and in conformance with the County road standards. b. Culverts are required where driveways connect to roadways unless specifically exempted by the County Road and Bridge Department. It is the responsibility of the property owners to maintain their culverts free and clear of mud, silt, debris, and ice. Water that flows out of driveways must be diverted to ditches. Damage to a road caused by a blocked culvert, lack of culvert, or driveway Runoff is the responsibility of the property owner and costs of repairs by the County may be billed to the property owner as authorized by C.R.S. Title 43, Article 5. 12. Roadside Ditches. Water flowing in roadside ditches shall be diverted away from the road as quickly as possible. In no case shall water travel in a roadside ditch for a distance greater than 800 feet or have a flow greater