HomeMy WebLinkAbout1.00 ApplicationTable of Contents
Country County Road 100, Carbondale, CO 81623
lncluded in this Submittal:
1. Pre-Application Conference Summary (Narrative of Project is in the Project Description)
2. Application Form
3. Payment Agreement Form
4. Site Plan
5. Vícinity Map
6. Water Supply Plan (Septic Test and Water euality)
7. Mineral Rights Ownership
8. Floor Plan (Covers Article 3, Article 4, Article 7)
9. Statement of Authority
L0. Letter of Authorization from Owners Rep
11. Survey Plan
12. Name and Mailing Addresses within 200 Feet of property
Differed Submittal ltems:
Traffic Control Plan (in progress we will mail in)
Items to Waive:
Landscape Plan (No Changes to Existing property)
Grading and Drainage Plan (Current conditions are adequate see site plan)
lmprovement Agreement (No vesting issues and no public improvements)
Gurfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
l970le4s-82t2
www.ga rfield-countv.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER z 2391-L93-OO-046
PROJECT: Group Home Facility (Momenta Recovery)
OWNER: Martha and William Drake Trust
PRE-APP DATE: December B,2OZO (Final)
REPRESENTATIVES: Danco Group of Companies, Laura Berreth and Dan Johnson
PRAcrlcAL LocATtoN: 5325 county Road 100, carbondale, co g1623
ZONING: Rural
TYPE OF APPLICATTON: Limited lmpact Review
I. GENERAL PROJECT DESCRIPTION
The applicant would like to apply for a Land use change Permit for a Group Home on the property.
Specifically, the applicant would like to operate a women's Mentat Health and Trauma Center. Boththe Group Home Facility and Professional office uses are required permits to ensure that theapplicant is addressing all possible t¡ses associated with the center. The Group l-lome Facitity wouldinclude overnight stays and would utilize an existing structure on the property.
The applicant has represented that the facility is currently licensed for !2 clients on the property atone time, without individual vehicles (clients would be shuttled onto the property). Stays would befor a minimum of 90 days per client and there would be onsite management and therapists. Thenew facility would expand on services offered at an existing companion location in Glenwood
Springs. The new location at the subject property would allow for new services such as Art Therapy,Music Therapy, Equine therap¡ Yo-covery (yoga), archery, gardening, self-defense and therapeuticdaily assignments. Services provided to residents would essentially function as a residentialfacility.
The applicant has indicated that this proposed use would also provide office space for our 6clinicians, 3 administrators, 7-L0 behavioral health technicians, a chef and additional staff such as,gardener, groundskeeper, etc. as needed for the property. The applicant will need to provideinformation on site plans detailing proposed office spaccs. lf a significant portion of theproperty/use is dedicated exclusively to office related use, then the application should also include
a request for review of the application as a Professional Office in addition to the Group Home
function. An updated pre-application summary can be provided if necessary. The applicant should
provide information detailing how the office uses are accessory to the primary treatment services
provided. ln addition, the applicant should provide demonstration that the office spaces and
services provided at this location are to function exclusively in support of the residents living at this
site, and will not be used to support additional clients living off-site.
The property currently has one existing well and two Onsite Wastewater Treatment Systems
(OWTS). Plans for legal water and wastewater will need to be submitted with the application,
including an explanation as to how water and sanitary facilities will be legally and adequately
provided. This includes an analysis and general description of any existing OWTS and existing wells
on the property which demonstrate the adequacy of these systems to serve the proposed use.
Pump tests and water quality tests for the well will need to be provided or a request made to
complete these items as a Conditions of Approval. Confirmation of legal water needs to be provided
within the application.
Because the access to the parcel is by way of a shared driveway with neighboring private property,
the applicant will need to provide an easement demonstrating legal and physical access to the
subject property. Additionally, the applicant will need to demonstrate compliance with Article 7-IO7
Access and Roadways including demonstrating the adequacy of the existing road and provision of a
traffic analysis. The applicants have indicated that a reduction in the provision of parking
requirements may be necessary, as the clients will be provided transportation through shuttle
vehicles. As such, the applicant will need to demonstrate compliance with Section 7-302 Off Street
Parking and Loading Standards or submit a waiver request per section 4-LL8 of the Land Use and
Development Code (LUDC) for a Waiver of Standards, wíth specific responses to 4-118.C Review
Criteria. Additional meetings with Garfield County Community Development staff are available to
discuss drafting waiver requests.
Please provide specific responses to the Standards as identified in Article 7: Standards, Division 1, 2
and 3, and Section 7-704. These are the standards by which the application will be determined to be
approved, approved with condit¡ons or denied. A short response to these items ensures that L) 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 in the application process.
lf the property owner intends to have a representative complete the application process, Letters of
Authorization will need to be provided. Additionally, because the parcel is not in the ownership of
an individual, a Statement of Authority will need to be provided in the application submittals and
recorded with the Garfield County Clerk and Recorder.
The Town of Carbondale will be a referral agency as the site is located within the 3-mile area of
influence. The applicant is encouraged to contact and coordinate with the Town of Carbondale on
details of the project. The applicant should include in the application submittals any documentation
of early comments from the Town of carbondale on this proposed project.
Staff has identified different definitions of Group Home as defined by CDPHE and the Garfield
County Land Use and Development Code (LUDC). As such, it may be appropriate for the applicant to
address the issue within the application. For the purposes of this application, staff is using the
2
definition in the LUDC to characterize this use. The LUDC definition identified for this proposed use
is below:
Group Home Facility. A facility operated by a public, nonprofit, or private
agency that provides care or supervision of persons who are not related by
blood, marrioge, or odoption to the facility's owner, operotor, or manager.
II. COMPREHENSIVE PLAN
The property is designated in the County Comprehensive Plan as within the Residential Medium
density. The application will need to provide an analysis or description indicating general
conformance with the Comprehensive Plan.
III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
¡ Article 3,Zoning
o Rural Zone District - Lot/Building Requirements (Table 3-201) and use Table (Table 3-
403)
¡ Article 4, Application and Review Procedures
o Limited lmpact Review Process (Section 4-t}4't
o Common Review Procedures (Section 4-101)
o Table 4-LO2 Common Review Procedures and Required Notice
o Application Materials (Table 4-2Ot and Section 4-203)
¡ Article 7, Standards - Division L General Standards, Division 2 General Resource Protection
Standards, Division 3 Site Planning - as applicable; Section 7-704 Group Home Facilities
IV. SUBMITTAT REQUIREMENTS
Please refer directly to Table 4-2Ot and the list of General Application Materials in section 4-203.
Outlined below is a list of information typically required for the type of application.
o GeneralApplicationMaterials
o Completed Application Form
o Completed Payment Agreement Form and application fees
o Proof of Ownership (title work, copy of the deed)
o Letter of authorization for any owner's representative
o Statement of Authority for ownership representation
o Names and mailing addresses of properties within 200 ft. of the subject property.
o Mineral rights ownership for the subject property (demonstrated through a search of
Clerk and Recorders database and/or Assessors database, form and memo attached).
o A narrative describing the request and related information
. Copy of this pre-application summary
o A vicinity map within a radius of approximately 3 miles of the subject property
o Site Plan -this should include all items as listed in 4-203.D
o Grading and Drainage Plan demonstrating positive drainage off the site - the applicant may
request a waiver from this standard with appropriate supporting evidence such as a
statement from a qualified professional.
J
o Landscaping Plan - May be waived upon request pursuant to Section 4-202 with appropriate
supporting evidence.
o lmprovements Agreement / Development Agreement - may be waived upon request as
these agreements are typically not applicable where there are no vesting issues and no
public improvements.
o Specific responses to lmpact Analysis (4-203.G) items.
o Traffic Study 4-2O3.L.
o Demonstration of legal access
o An analysis of the existing roadway from the use to the County Road. The road
should be analyzed by a qualified professional using the dimensional requirements in
Section 7-tO7 .lf the road does not meet the standards then a Waiver can be
requested (see attached memo regarding roadway waivers).
o Water Supply Plan - Evidence of legal water needs to be provided for the proposed use.
Also, a pump test and water quality test either need to be provided for the proposed use or
the applicant needs to ask that they are completed as Conditions of Approval.
o Wastewater Plan - The applicant should supply permits for existing OWTS' as well as a
statement from a qualified professional indicating that the systems are adequate for the
proposed uses.
o Responses to Standards fully described in Article 7, Divisions 1,2 and 3 as applicable, and
Section 7-7O4 Group Home Facilities.
o The application should include the status of any permits for the use including but not limited
to those with CDPHE and the State.
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.
V. APPLICATION REVIEW
a. Review by:Staff for completeness recommendation and referral agencies for
additional technical review
b. Public Hearing _None (Director's Decision)
_Planning Commission
X Board of County Commissioners
_ Board of Adjustment
c. ReferralAgencies May include Garfield County Road and Bridge Department, Fire
Protection District, Garfield County Designated Engineer, Garfield
County Vegetation Management, Colorado Parks and Wildlife, Division
of Water Resources, CDPHE, Town of Carbondale, and more.
4
VI. APPLICATION REVIEW FEES
a. Planning Review Fees:
b. Referral Agency Fees:
c. Total Deposit:
S +oo.oo
S fAO - consulting engineer/civil engineer fees
S 400.00 each (additional hours are billed at 540.50 /hour
General Application Processing
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. The
summary is valid for a six-month period, after which an update should be requested. The Applicant
is advised that the Application submittal once accepted by the County becomes public information
and will be available (including electronically for review by the public). Proprietary information can
be redacted from documents prior to submittal.
Pre-application Summarv Prepared by:
December 8,2020
Angie Martell, Planner Date
5
Garþld Counfit
l.hnh.d lmprc trvl¡s Frecur
{Section 4-10,{l
r¡tppllcrnt hrr 6 mmths to submlt rppllcrtlcn
rl0 b¡¡lrr¡¡ drys to ravþw
rlf iræompht¡, 6OdrV¡ to rrmrdy d¡ffcl¡ncír¡
g.tè
Eo()
.û
EI
äÍ
å
EE
tv¡
!o
.E
ËêÊ
rPubll¡hod, pæÞd, ¡nd meiled to rdþocnt propcrty orvncr¡ within 20O
hrtrnd mincral owntrt rt þ¡¡t 30 days but no more thrn 60deys prbr
tD SOCC puHic hçrrlry
r?l drvconm¡ntpcrlod
6
Ste¡r 1 : Pre-a¡lplic,ltio¡r Crrnference
Step 2: Application Subr¡líttal
ltep J: {nmp iete ne;s llevi*rv
Ste¡r 4: 5chedule Hr-arirrg ¿rttl [rt t¡virJr Notice
51e¡l 5: Ref erral
5lr:¡l b: Lv(tlrlll(¡ll lry Lt:¡crttrr
Slep 7: BOCf f)ecilrtrt¡
eAppltcrnt her 1 yeer to meet rny corditlom of rpptwrl
Gørfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
l970l e4s-82L2
www.ga rfi eld-countv.com
TYPE OF APPLICATION
inistrative Review Develo nt in 1"00-Year Flood tn
e Extension also check of original application)
. TNVOIVED PARTIES
gu¡¡sr/Applicant
Name:V\rcsVn 1\nrc*() phone: Ja1 t .13\OqLl)
Mailing Address:
City:state: O0 Zip code: qSSÀ\
E-mail:
Representative (Authorization RequiredI
Name:Phone: tl Ol ¡33t -OqL{?
Mailing Address:
City:State:Zip Code:q
E-mail
PROJECT NAME AND IOCATION
Project Name:
f
Assessol's Parcel Number:3_q_l_ _Lg,_L l)O_-_oll_Ø
Physical/Street Address:
Legal Description:r
IAND USE CHANGE PERMIT
APPTICATION FORM
t_E Limited lmpact Review Develo ent in 1-00-Year Flood in Variance
N4ajor lmpact Review Code Text Amendment
l-lAmendments to anI lLrn I lvrn
Aooroved LUCPI lsup
l-l Rezoning
nzone DisrrictEpuo flpuo Amendment
Minor Temporary Housing Facility inistrative lnt ron
Vacation of a County Road/Public ROW I of Administrative lnt retation
Location and Extent Review Areas and Activities of State lnterest
prehensive Plan Amendmen mmodation Pursuant to Fair Housing Act
peline Develo ent nce
Zone D¡str¡ct:tl"r lfrr,.\Property Size (acres)7s.t
PROJËCT DESCilPNON I
Existing Use:
3- - P,lra\
Proposed Use (From Use Table 3-403):
Description of Project:
For Appeal of Ad min istrative I nterpretation include:
1. The Decision you are appealing.
2. The date the Decision was sent as specified in the notice (date mailed).
3. The nature of the decision and the specified ground for appeal. Please cite specific code sections
andlor relevant documentation to support your request.
4. The appropriate appeal fee of 5250.00.
5. Please note a completed Appeal Application and fees must be received within 30 calendar days
the date of the final written Admin on
REQUEST FOR WAIVEßS
Submission Requirements
E fhe Applicant requesting a Waiver of Submission Requirements per Section 4-202. LisI:
Section:
Section:
Section:
Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
íi gnatu re or p r opLrt(dwner or Authorized Representatlve, Title Date
r
Waiver of Standards
E ttre Applicant is requesting a Waiver of Standards per Section 4-i-18. List
Section
Section
Section
Section
oFFrctAL us[ oñ¡tv
Fire Numbe* t -1- -?À gL??Fee Paid:5 1æ oo
RECENED
3å,i5lFYB'i'iy'TI-l
Gørfield County
PAYMENT AGREEMENT FORM
ELD COUNTY ("COU NW") and Property Owner ("APPLtCANT")
agree as follows
1. The Applicant has submitted to the Cou an application for the fol Project:
Y
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
¡i3. The Applicant and the County agree that because ofthe size, nature or scope ofthe
proposed project, it is not possible at this tinoe to ascertain the fullextent 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.
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. lf 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 q
Billing Contact Address
City Àu^r State Cff Zipcode: q56}-\
Billing Contact Email
Printed Name of Person Authorized to Sign c V
I - ]oa\
4
f\A
re)
t-
(Date)
Garfield County
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed ond submitted with any application for o Land Use Chonge Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. S 24-65.s-LOt, et seq,
requires notification to mineral owners when a landowner applies for an application for development from 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(EX1Xb)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. S 24-65.5-10L,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant cert¡f¡es that mineral owners have been researched for the subject property as
required pursuant to C.R.S. S 24-65.5-10L, et seq, and Section 4-101 (EXlfibXa) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant cert¡f¡es
the following (Pleøse initial on the blønk line next to the statement that accurately reflects the result of
research):
-
I own the entire mineral estate relative to the subject property; or
Å Vlin"ruls are owned bythe parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
Name of Mineral Owner Mailing Address of Mineral Owner
Rimledse llranium and Minins Corooration (Unknown) 275E.32nd Street, Duranso, CO 81301
Annlirant / I andowner
I acknowledge I reviewed C.R.S. S 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
Garfield & Hecht., P.C.
¡Jico/-<_ & a,o^ k*f_o2lLgl2O2t
Attorney for Danco Group Date
2t18t2021
RIMLEDGE URANIUM AND MINING
CORPORATION
Entity Numbe ¡: 7 8037 6O-01 42
Gompany Type: Corporation - Domestic - Profit
Address: Unknown, NA 00000
State of Origin;
é.ppl!*ænt
Applicant Name:
Corporation
Entity Details: RIMLEDGE URANIUM AND MINING CORPORATION - Utah Business Search - Utah.gov
Status: Expired
Status: Expired O asof 06/1il1977
Status Description: Voluntarily Dissolved
Employment Verification: Not Registered with Veriff Utah
History
Registration Date: 08/01/1955
Lasl Renewed: N/A
<< Back to Search Results
Business Name:
V¡êw Management Team
View F¡led Documents
https://secure.utah. gov/bes/d isplayDetai ls.html 111
VICINITY MAP PER LAND USE DEVELOPMENT CODE 4-203.C
CONTACT INFORMATION:
Laura Berreth, Director of Operations
Momenta Recovery
3302 S.GRANDAVE, GLENWOOD SPRINGS, CO 81601
P: 970-930-6355
Kirsten Thrap, Vice President
The Danco Group
5251 ERICSON WAY ARCATA, CA 95521
P.707-331-0442
PROJEGT LOCATION:
5325 County Road 100, Carbondale, CO 81623
TAX PARCEL NUMBER: 2391 -193-00-046
28 DEC 2020
6 Metr 9399 West Higgins Rd Ste 1 100
Rosemont, lL, 60018
r00
877-889-81 95
www.culligan.com
Phone:
Web:
Page 1 of5
Report Dale:61171202A
Anal'.'ìis Number: 2005418
Culligan Water Conditioning of Carbondale,
Colorado
'1107 Hendrick Drive
CERTIFICATE OF ANALYSIS
Carbondale CO,81623
Control Number:90513
Account Number: 1000s1s2 Misc:
Collected By: cc:
SAMPLE INFORMATION:
Analys¡s Type Requested: Silver/Realtor Well Test
sampled: 611512020 at 9:22 AM supply/Source: pr¡vate Weil condit¡on:
R€ceived: 611612020 at 10:48 AM Sampl¡ng point: Faucet Application:
This Cerlifìcate of Analysis compares the actual test result to national standardi: rs def¡ned in the EPA 's Pr¡mary and Secondary Drinking Water Regulat¡ons.
Primary Standards: Are expressed as the maximum contaminant þvel (MCL) which is the highest level of contaminant that ¡s allowed ¡n drinking waler.
MCLs are enforceable standards.
Secondary Stãndards: Are non-enforceable guidelines regulaling contam¡nants lhat may cause cosmetic effects (such as skin or loolh d¡scoloration) or
aeslhetic effecls (such as tasle, odor, or color) in drinking water. Some states may choose lo adopt that as enforceable standards,
mg/L (ppm): Unless olherwise indicated, results and standards are expressed âs ân amount ¡n milligrams per liter or parts per million.
ug/L (Ppb): Unless otheruise indicaled, results and stândards are expressed as an amount in micrograms per t¡ter or parts per billion.
CFU/ml: colony-forming units per milliliter
Reporting Detection Level (RoL): The lowest concentration level that the laboratory can delect a contaminant.
ND: The contaminant was not detected above the m¡nimun detect¡on level.
NA: The contam¡nant was not analyzed.
* - non-TNl accredited parameter -- - IL-IDPH accredited paramêter
The contaminanl was not detected in the sample above the mìn¡mum detection level.
The contaminânt was detected below National Standârd limil.
The contaminant was detected above Nalional Standard limit.
Status
ffi
off+J''l
ë{¡
@
Customer: Ami Flynn
Status Contaminant Re.sults RDL Un¡ts Method EPA Limit Analvs¡s D?te/Time
Page 2 of 5
Qual
*Åe Tolal Arsenic 1 .11 1.000 ug/L 200.8 R5.4 10.00 6117n02A at 11:48
Ë Lead (Pb)<1.000 1.000 ug/L 200.8 R5.4 15.00 6l17l2Ùm at 11:37
æ Nitrate as N 0,81 0.200 mg/L 300.0 R2.1 10.00 611712020 at 8:50
ffi Nitrite as N <0.100 0.100 mg/L 300.0 R2_r 1.00 611712020 at 8:50
ffi E. Coli--Non-detected sM9223B
Coli-18
611712020 at 8:05
ffi Total Coliform*"Non{etected sM9223B
Coli-18
This report can only be reproduced ¡n its entirety. The resulls reported here are rep¡esenlaflve of the sample as received in the
hold¡ng times and temperature requ¡rements for method 300 are not followed. pH results are out
This analys¡s wiil not determine whether a water is safe for human consumption.
of hold lime.
611712020 at 8:05
laboralory. Unless noted
ltl
H2
P
c
T
B
M
SH
SF
A
D
I
ANALYTE QUALIFIERS
Analysis conductjed oufls¡de tihe EpA metibod hotding time
Sample rece¡ved outiside EpA metihod tiemperahure requ¡rementis
Samp¡e rece¡ved ouhside tihe €pA metihod preseruative requirementi
Sample received ¡n an inappropriatje sample contia¡ner
lnsuficienti sample received firom clienti tio perfiorm tihe analys¡s per EpA metihod requìrementis
Analytìe was detiect¡ed in an associatied blank Âti a concentìration greatiertihan tihe MDL
Microb¡olog¡Glanâlvt¡s¡n¡tianedmoretiharS0hou¡safiersamplecoliection. Aoalysiswascomplet¡eduponclientiapproval
The sãmpler's nåme and s¡ßnatiu.e were nod l¡stied on tihe COC
Sample collection daties and times were noti listied on tihe COC
The sample wãs ana¡y¿ed by seflal d¡lutioh
The precision betiween tihe sample and sample duplicatie exceeded laborahory contiro¡ l¡m¡tis
This analytìe exceeded secondary source ver¡fication cr¡tieria ¡ov/h¡gh fior tihe initìal cal¡bration This reportied resulti shouid be cons¡dered an estimatiedvalue.
ss This analvhe did noti meeti tihe secondary source verification cr¡tier¡a fior tihe ¡nitial calibratidlhe reportied resulti should be cons¡dered ãn estimatied valæFS The sample was filtiered in tihe ¡aboratiorv pftor tio ¿nalys¡s
R Âesultisconfirmedbysecondanalysis
sc lhis ¡eporti contialns datia tih¿ti we.e produced by subcontirãctied ¡ãboratiorycertified fior tihe fields ofi tiesting perfiormedDM Non-metihod diges6on process ¡s ttolfowed
MM Metihod modificahon- noti firom tihe ac¡dified well mixed sample
NELAP Certifications: lL-,l002i3; pA-68-04623; Ny_1 1756; TX_TX269-2002A
State Certifications: tL-tDpH-1 7598; CA-29S8; MT-CERT0091 ¡ tA_369;
W-02199; W¡-105-10119; CO]L100213; Mt-9988; MO-1060
Maria Mozdzen
Analytical Lab l\ianager
Page 3 of 5
pH - lhe acid strength of watêr on a scale of 0 lo 14 (neutrâl = pH 7.0). Values from 7*0 arê increasingly nþre acid¡c; values from
7+14 are ¡ncreasingly more alkaline. The recommended range for drinking water under the U.S. regulations is 6.5 to 8.5.
Conduct¡vity - the relative ability of water to carry an electr¡cãl cunent, used to estimale the total concentration of dissolved ions.
Turbidity - cloudiness in water caused by the dispers¡on of light by extremely tlny part¡cles. Measured on an arbitrary scale of Nephelometrlc
Turbidity Units (NTUs). The mandâlory maximum under U.S. regulations ¡s 0.5 NTU. Turbidity Filtered is measured atter '11 micron filter paper.
Color - the amount of brown¡sh-yellow color from dissolved lannins from vegetation (l¡ke lea) and metals (like rust) and their combinatiÕns,
measured on ân arb¡trary scale. The recommended maximum under U.S. regulations is 15 CU.
S¡l¡ea, SiOz - a nalurally occurr¡ng dissolved m¡neral, which producês a glassy scale ¡n high temperature equipment but is more impo¡lant in
pred¡cting lhe life of certa¡n water treatment media.
Hydrogen Sulfide, H¡S - a toxic, noxious, coffodve gas that smells like rotten eggs. Bacleria acting on sulfate or organic sulfurcontaining
materials in the absence of oxygen pi'oduce it. Ônly "special" water analyses can determ¡ne hydrogen sulfide levels.
Total Hardness - the sum of all metal ¡ons whiÕh react w¡th soap lo inhib¡t sudsing and form "scum" or "bathtub ring" - mostly Calc¡um and
Magnesium. Whèn healed or evaporated, hard water can cause lime scale that can depos¡t on sink and shower fìxtures and walls and r€sult in
loss in efllciency or fuel waste ¡n water hèaters , boilers, and cooling systems,
Total Alkalin¡ty - the sum of hydroxide (OH-), ærbonate (CO;¡), and bicarbonate (HCO¡) ions, which can comb¡ne w¡th both acids and bases,
which act to buffer water and prevent sudden uncon¡¡olled changes ¡n pH .
CâÜons - ions (atoms or molecules w¡th an eþctrical charge) w¡th a posil¡v6 (+) electrical cha¡ge, so named because they go toward the câthode
in an electric field. Besides the hardness ¡ons, the main cations in water are sodium, Na -, and potass¡um, K..
Anions - ions (atoms or molecules w¡th an electrical chârge) with a negative G) electrical charge, so named because lhey go toward the anode in
an elect¡ic field. The main anions ¡n waler are hydroxide (OH -), carbonate (CO;'), bicarbonate (HCO.-) {wh¡ch together compr¡se "alkalin¡ty"),
sulfate (SO¿-¡), nitrate (NOr) and chloride (Cr).
N¡trateiN¡lr¡té, NO'/NO¡- - important because of toxicity to infants, n¡trate comes f¡om fert¡lizers and animal wasles. Water supplies with high
nilrate levels should also bê screened for agr¡cultural p€slicides and bâcter¡al contam¡nat¡on. The mandatory limit under U-S. regulations ¡s '10 mg/L.
sulfate, so.-r - a common mineral component, only rarely occuning at excessive levels, which can cause a temporary diarrhea ¡n vis¡tors who
have not become accl¡mated to it. Recommended U.S. l¡mit, 250 mg/L.
Fluoride, F- - often added to water to inhib¡t tooth decay. Mandatory U.S. limils range from 4.0 mg/ L ¡n no¡lhern regions to 1.4 mg/L in southem
regions (where more water in consumed).
Chloride, Cf - a common mineral component, c{¡n be found in elevated levels near seawater and other salt supplíes, which can cause taste
problems and can contribute to conosion. Recommended U.S. l¡mit, 250 mg/L.
lron, Fe - cause of metallic taste, rust sta¡ns ôn laundry and porcela¡n tixtures, ând cloggíng/fouling of equipment- The recommended U.S. limit is 0.3
mg/L.
Manganese, Mn - cause of melallic taste and black sta¡ns on laundry and porcela¡n. Often occurs in combination with iron. The recomrnended U.S-
l¡mit is 0.05 mg/L Mn or a total of 0.3 mg/L of Fe + Mn-
Coppe¡, Cu - cause of green stains on porcelain and f¡ttings, seldom naturally-occurring, usually due to conosion. The mandatory U.S- 'actions
level" of 1.3 mg/L ¡s tied to the regulation for lead contaminatíon due to cofros¡on of plumb¡ng matêrials .
zinc, zn - cause of metall¡c taste and upset stomach. Due to corosion of galvanized plumb¡ng materials- Recommended U.S. limít, 5.0 mg/L.
DETERMINATION OF POTENTI,AL NUISANCE BACTERIA POPULATION (cfu/mL - colony form¡ng un¡ts per m¡ll¡liter)
$lime Forming Bacteria lron Related Bacteria Sulfate Reducing Bacter¡a
1,750,000-Aggressrve 570,000-Aggress¡ve 2,200,000-Aggressive
440,000-Aggressive 1 40,o0o-Aggressive Soo,ooo-Aggressive
67,000-Aggressive 3s,0oo-Aggressive l1s,00o-Aggress¡ve
1 3,000-Modeîate 9,000-Aggressive 27,000-Aggress¡ve
z,soo-Moderate 2,200-Móderate 6000-Aggressive
soo-Moderate so0-Moderate 1400-Moderate
1O0-NotAggressive 15O-Moderate 325-Moderate
o-None Present 2s-Moderate 7s-Moderate
8-Not Aggressive 20-Not Aggressive
0-None Present S-NotAggressive
O-None Present
Un¡ts of Concentration used ¡n this Report
gpg-abbreviat¡on for "grains per gallon" calculated in lerms of calcium carbonate equivalents. Multiply 6y 17,12to convert gpg into
e¡ther ppm or mg/L.
ppm-abbrev¡at¡on for "parts per million." lnterchangeable with mg/L.
mg/L-abbreviation for "mill¡grams per liter." lnterchangeable with ppm. (There are one million mill¡grams ¡n a liter of pure watêrl.
ppb-abbreviat¡on for "parts per b¡ll¡on." lnterchãngeable wilh ¡.rg/ L or micrograms per liter.
pg/L-abbreviation for "microgrãms per liter." lnterchangeable with ppb. (There are a billion micrograms in a liter).
1000 ppb = 1 ppm; 1000 pg/L = 1 mg/L
Page 5 of 5
rffiffirilggffiryqglllililffi
lt3
Coutrol gu*¡*".905i3
S-r'^. *- . -.-
Culligan Internrtion¿t Company Ánalytical Laborurory
93ç9 W. Higgin* Roatt Suite ltû0
SAMPLE SURMITTET} BY:
Accou¡rt Number,:
Account Name:
Phone Number:
E.MAIL:
Person Taking
Dafe Sample
C UST'OÑTER INFORMATION:
Customcr Nûme¡
SÂ.ÙIPLE INË'ORI!Í ATIÛN:
Water Supply: Priv¿rcSourcc: SurfaceCon¡lítion: lìeated
Rosemonf, IL 60û18
Time Sample
l¡vATÊR, tNC,
Strtc: CO._Zip: 9l(¡ZJ
\*
vt".-"
.-.--* Untreatecl ***Sanrple Poilt: þaucet _}{*Êquipm¡rni ()ther
Application:Houschold Ccnrruercial National ÅccountComnrents:
Municipaf .*_
Well -r¡-_ l;nknow'
ANALYSTS RßQUESTEDT
S tandard .{naly*is : *, "_Standard n'/TOC:
Hcnrodialysis nosîi:
[Iernotlialysis Cornpletü -.*-Bacreria: Iron_--**Sullätc .. SIirne_
^Speciu I Anal¡s is : (L ist Analysis R equesred) :
For Qrresiiorrs coniact Rick
Scale Analvsis:
Resiu Anall'sis; _ -
Ðepth tilter Ânalysis: _
^å"rsenic Fiher
voc
Cook at (84 7) 430-1284 or Maria Mozdzen at ([14
¡
t
¡
iI7)430-t?t9
LÅA USË ONLY:
$tmplc rucircd rn accrprßbh condilloñ: yL\
I f [ut tcuglr r
Dis¡*idon
Customer:
Lifigation sampks are
Please
Please pri nt your nalne:Its;
Altfiudo Sopllc
PO Box 1534
Ëagle, CO 81S31 US
(g7o't 471'0913
allltudesepllc@gmall.com
lnvolce 284f,
BILL IO
Carla
5325 County Road 100
tarbondale, CO 816?3
OATE
06118/2029
0€scRrFTroN
Pump Fee
Dump Fee WGS Sanitation
Pump Fee . "County documenls
showed a second ssplic tank thal
we wers unawar€ ol during the firsl
visil so a second trip was made in
order to pump the additional tank."
Dump Fee WGS Sanitation
OÃTE
06t18t2420
06/18/2020
a6/24/202A
061?4t2029
ACT¡VfTY
28 Pumplng
Saptlc Oump Rovenue
wGs
28 Pumplng
Sepdc Oump Revenue
ì,VGS
1,250 0.20
OUE DATE
a6l2alzaat
AMOUNT
42û.00
300,00
350.00
250.00
$1 ,320"00
THÂNK YOU
ow
1,500
1,500
1,250
RÁTE
0.28
0.20
0.28
TçTAL PUË
PLÉASE PAY
$1,320.00
WE APPRECIATE YOUR BUSINESS1
'ú
ê, t"llJ ..r\'*l I ttìt¡
CBO lt'¡c.
33 FOUR WHEEL DÊIvË RC¡g
C¿neoNpauE, Cö 8'¡ 623
97 0.3Qç,52 59
CARLÂ OSIaenc@GMAI[. c OM
('ift(t *
8nçna20
lnvolco
20u
I
¡
i
Proiect
5325 CR 10û
D¡r lo lrrvolcr'/
Pally Erondl¡ngsr
pbrendlíngerQmaa{¡nmorsa ccrn
Bill To
OWTS lnspeclion I 5325 CR 100 {southwest syslem)
OWTS lnspecfion (southeast system)
Make checks payable to CBO lnc. or pay via VENMO using 970 309.5259
Credit Card Payments also accepled.
Thank you lor your business'
PAYMÉNT TERMS: DUË UPON RECEIPT,
Añer (15) calendar days, a lale paymenl fee willbe add€d
Late payment lees are 1 59ù or $50 00 (wtrichever is greaterl per month fot alt past due invoices
350.00
350.00
Descripliotr Arnnulrt
33 FOUN WHEEL ÞRIVS ROAÞ
C¡Rao¡¡o¡LË, C0 8162?
970,309,5259
CARU\.ÕSTSERG6GMA¡L.ËOM
t l,it'trt(' ('l r:Ytt t¡..titt{l J
June28,2020
Patty Brendlinger
nbtE nd lin$s ¡(A ma¡onmorse. com
Onsite Wasler¡rater Trealment Syslem (OWfS) lnspection
5325 CR 100
Garfield County, Colorado
Patly,
As requested, CBO lnc" peformed sn Onsile Wastawater Treatment Syslem {OWfS) inspec,tion at 53ZS
CR 100, Carbondale, Colorado on June 19 and June 24,2020. The lald description of the 35.2-ecreproperty is as follows;
Section: 19 Township; 7 Range:87 TR lN LOT 3, NESW, SENW& SWVE CONT.
Parcel lD: 2391-193-00-046
Afier our inspeclion on June 19,2A2Q which documenls a system locatsd on the southwesl side of the
residencs, it becâme clear that there were two systems serving the residence. The system located to ths
southwesl of the residence is documented by our inspeclion report daled June za.ZıZA, The OWTS was
sized to accommodate a 4-bedroom rasidenca. lndividual Sewage Disposal Systam (ISOS) permit 2511
documents tha system, The permit received linal approval on Nóvember 22, tþg5.
ISDS Permit 1789 documents the oilginal system on tha property lhat is localed to the soulheâst of the
residance. This permit was sizad to accommodato a 4-bedroom residence, The permit received linal
approvalon April 18, 1991._This system consistsof a 125Ogallon, two-compartment Dreagerconcrete
septic tank followed by 30 'Slandard' lnfiltrato¡Þ chambers. The configuration of the soil lrıalmsnl area(STA) is not noled on the permit.
The septic tank is located to the soulheast residence, outside of the fence in an open field. Three feet of
risers bring the manhole lids to grade, Both inlet and oullet lees were present, Liquid levels in the septic
lank wEre normal prior to pumping. The septic lank was pumped by Altitude Sepilc at the lime of our'
inspection. We typically recommend installalion of an efluent filter on the outlet tee of the septic tank. lf
inslalled, lhe filter should be cleaned annually, or as needed.
No insp.ection porls were observed in the STA. Thislle growlh occurs in areas of previously disturbed
soils. We believe the STA is localed where there is more thistle growth. We walked lhe area and found
no evidence of surfacs saluration or failure at the lime of the inspection.
Additionally, repairs on the soulhwasl syslem werc completed by Colorado Septic Services, Jerry Fleck(719) 849-8867. Concrete around outlet pipe was sealed wilh hydraulic cement and precast knotk outs
ware also sealed with hydraulic cement.
This evaluation is nol a guarantee of fulure system performance.
DÍeclalmar: Iûrb rnspaclrbn is intendad only as an svåluation of lhe prasenl condition of the OWTS
lgsad upon what was oÞserved and tåe Ll'censed lnspeclor's experû'se ¡'in onsife waslewafer tachnology.
The lnspectarhas nol been re,tained to wanant or guarantae the propar functioning ollàe syste m nr äây
pariú ol lime ìn the future Eacauæ ol numsraus faclors whtch may af{ect the operalion ol an OWT!,
as well ds tho inability ol thø lnspaclor la aupewisø or monúor thê uso ar øâlntenance af this AWTS, this
repod shall not be conslruad as a warnnty by lhe lnspeclor that the systøm will function prcparly far any
particular prospectla buyer" and lhs lnspactor disdams any warnnly, o¡lhot axprassed or impúød,
arising lnm lhe inspacttan ol ths AWTS or lhìs repod The evalualion doøs not asceûain lhe impacl lhe
systam is havtng on groundwater,
Pleage call wilh queotions,
Sincerely,
fu,,\tø}stfung
Carla Ostberg, MPH, REHS
NAWI Certilied lnspector
Certifìcation # 110441TC Exp. October2A2l
Location of
Inlel lee
STA Erea of thistles hole caused or animal?
(nole thislle
out sealed aroa sunounding pipe sealgd
f5'^?1rìr'1 ;"n''f ',a..'??or',.È.ttlF.l.êrlr.¡r{tr.tçilfFttlllÍ/.,¿.?:øÜ{al{d. l:f,ç1,tllt.,
f , I
OAR?lltO COUtrtÌy tUttODtO AflÞ SAilttATrO{ DlprnTr¡ltllT
toe üh otril tllt!. ¡0t
Ohnrood 8ptqn, Cotondo Ctt0t
Pñoñ {Sûl e${?t3
INDIVIDUAL SEWAGE DISPOSAL PERMIT NI 1?80
Syrt¡m Locl¡on crR, t00-f¡¿r Rlnledtc llanch C¡rbondala
\
Tlìlt do.t nd conrütub
I OT U¡
gr¡¡¡ Teln¡ l'. XLtk -
Llc.ni.lt lnll.tllr **-ùnff--*_
' Conditionrl Coo¡ructlon rpprovrl lr haroby $.ntcd lor 4pÆâ-
Tlrrrloru thr no. of bodroom¡ l.
¡rlloo
Scp¡ic Trnk or __--- Arrrt¡d trGtt,ntnt unlt.
Aù¡orption rrcr lor dlrprrrrl l¡tl) compr¡trd r¡ lollow¡r
?.crc r¡tc ol on¡ ncn inJ {'-manutca rcgulror ¡ rnlntmum ol Ll fl rq- tr, ol rb¡orprloo .ree pû, bcdroorb.
¿
llry rr lueoðt:l8' )t L0'
* ?r/Ao. fr. mlnimum ruqurrrmorìrx?t ùT E(Ol TF- r total Ir,ol
a
ttct.4
FINAL APPßOVAL OF SYSTEMI
No ryrtrm ¡h¡ll Þr drmrd to br i
lngtny prrt.
?a
n complllnco wlth thr Scwrge D$potll Llwr unlil th¡ Í¡¡mbtod ryrt.m l¡rpproúcd pd&¡ocovq.
tþ-l<-?ô þt1/. ol( frNtT\' a*+ 4
/2,rø Srptic Tmk rcc¡r¡ for inrpectron rnd clornlng wirhin l?'" ol ground ¡urlccr or ¡lriltd æo.¡r po{lr rboyt lrou¡rd¡urf¡ce.
Proplr m¡trrirlr tnd ürrmbly.
Ïr¡dc nrme ol repric tonk or ¡:rlted Ucttmlnl unit
Adequ¡¡c ¡bcorplion {or dr¡porro0 ¡re,¡. Z O p t eceS
Adrqvrlo compliancc wrth permil rgeuircnronß.
Adoqurtc compllanec with County ¡nd St¡rr rogulotronr,/requir€montr
Oth¿r
lr
Drtc lnrp¡ctor
A9tlh.nt: Orrfô CoF Dala.t/rttntr ?ln¡ Co¡y
I
¡r
ìi /t¡r
'l
RÉTAIN WITH REC€IPT RECOROS AT CONSTRUCTION SITE
'CONDITIONS: ,'.
l. All lnrtrll¡llon murtoomplywlth ¡ll roqul;.qt-l!9t ths q.torrdo str¡t Boård ol Hütrh tndytdutt gsrvrgo Dbpord gydcmr
ohrflcr l!. Arilot.10 C,ñ.8, iotg. Rcvt¡rd ütl.
2. Thlr p.mlt Ir vrlld only lor oonnccilon lo .tn/oluDr wt{oh hrm lu[y compllcd ïllh Counly ronlr¡ rnd bulldlngnqulrcmcntr. Oonncotlon lo or rr!. ullh ¡ny dttll!,n f -¡m!ym mr rpprovcå ùy üc Bu¡d¡¡ ino Zmhã i¡fflri-LËfr- rstomÍlotfly.!c r vtob$on ol . t¡qutrclrrcnr or¡$c¡r{rnlt lü[&r*"" tor'both tcori rc{on üd óvoorüon oi tnc ôiimrr.3. Any ptr.on rho comtructf. rltcn, or ln¡tr[¡ rTïrülùlótrrt r]i$r tl|ttorrl ryrtcñ n r m¡nncr wñ¡cñ fivolìt ¡ fiow|---;g¡nd ¡nrtciel ttrlatlontÞm lh¡ lolrnrorrpaôltlartlomcoîblnòCtnttrrrppilcrtionolprrmltoommlbrClr¡¡l,ai¡vOtf]m"
llf80.O llnc - C monthl ln l¡ll or both.l.
$
'.;n
l''t
,lppl lcatlon \
þtroval -by \County Offlcl¡l:
tX I lt0rv.r0ul!! 5Et{rrGE 0rlp0stlr gysTqT AIpLr crlÏ r gH
COT{TßACTOR.
oil 0F FAC ILITY:Coun
l{e¡r whrt Cl ty of Tou
leg¡l 0escrlptl
IltlIEs ITPE: Þ<) Dwe'lltns
8U¡LDII{G OR SEßVICE TYPE:
l{u¡ter of bedrooms
Þ<'Garbrge grlnder þ() Autornailc w¡sher
At{D YPE OF TER SU PPLY : (X) welt
Glve depth of ¡ll wells wlthln lg0 feet of syIf supplled by conrnunlùy water, glve name or
(X srptlc Tank( ) Vautt Prlvy
( ) ptr prtvy
( ) ChErrlcat Tottet
[JrtAL p.r-sPosfL BT:
Ft r.b
lng arels,
percolt tlon
t Slze 35 Ace€-s
( l Translent Use( ) cormerclal or Instltu$onrl ( ) flon-dsnesilc llastes( )0ther-Descrlbe
(xt
(
sten r
suppl
er of persons 3
0lshw¡sher
) sprlng ( ) strean or creek
ler:
cü{Dr ÏIONS:
Depth to bedrock:I
Oepth to flrst Ground llater Table: ã,
Percent ground slopet
OISTATICE TO I{EAREST COIüT'I{TTY SEI.IER SYSTËI,I:
llas an effort made to connect to cormunlty system?
TYPE OF TI{DTVIOUAL SE}IAGE DISPOSAL SYSTEI,I PROPOSED:
( ) Aerltlon Pl¡nt
( l Compostlng Toltet
( l Inclneratlon Tol'let
( )0ther-Descrfbe:
( ) Vault
( ) Recycllng, potable use( ) Recycllng, other use
[X msorptlon Trench, Bed or ptt
( ) Un¿erground Dlspersll( ) Above Ground Dlspersal( )Other-Describe:
( ) evapotransplraHon
( ) S¡nO Fllter
( ) l{astewater pond
BE I}ISCHARGED DTRECTLY INTO I.IATERS OF THE SIATE?
I{II,I EFFLUENT
û,¡.D¡¡¡-z
'.1 ',
i"râ' '
S9LL PERC0IATJ-0Ii TÉiT E[SU!.T$: (To l¡e csnplered by Reglsterod professton¡t tngtneor.ttllnutes - : . - Psr lnch ln hote llo. I t{lnutes per lnch ln hole llo. llllnuts¡*perlnchlnhole|o,?Hlnutesæperlßchlnholello.
llml' rddraee and tcrephone of Rpt rho ¡nde sofi absorpfion testg:
l{âme' ¡ddres¡ and telephone of RpE responglble for deslgn of the system:
Date Slgned
{Rlllcant acknowledges thafurther m¡ndatory añO rd¿tdepûrtment to be m¡de ond
Purpores of ths ovalu¡tlon
such tem¡ rnd condltlonsrdopted under Artlcìe 10,thât-!l I statenents nrde,submltted by the appì lcant
9f ny knørledge and-bellefln evaluatlng the s¡me forsttnd that rny frìs{flcailor royocatlon of any perml
Jury cs provlded Uy lär.
t.the_completeness of the ¡ppllcot,lon ls condlt{on¡l upon suchtlonal tests and report¡ os'may ue "ôquirãð"ti-;il toc¡l heatthfurnt shed by
_ the , apþl tcant oi.i,r- the l'ócai-frãif iü-¿ep¡rrment forof .the qrpttcartoñ; and rhe ls-suànce ıi-inä-iöri,,tt-îã irùjı.i-ioas deemed necessrry to tnsure cornptilnı" ,ïır,'iliåi oñ¿-Fãöüiıtîönsrltle 25, c,R.s. l-e73, as enãn¿;il iiiı-d¿ı'riü;ã r,äreti"ıåriiiïåslnformatlon ¡nd reporùs suumitiãð herewlth and iequfred to berre or ¡¡ilI be represented to be rrue a,i¿ ðôiràðì to irri uããtand are destgned.to be relled on by itã loıãi'jãiart¡nenr of herlthpurposes of tssulng.rhe permrt qppi.led for-ñ.rãiñ. r iuritrer-üniär-on or mtsrepresent¡ilon-may resurt' tn itre ce¡iiii'ör tñe'iiriïil.ıïıñt sranted based upon safd lppilcaiton in¿ iñ i;ó"í "ðtion'iðr-pãr-"
\
Page 3
,";,
ta' r
a,q7
PloT PLAfi. At|g,pEsr$t fl¡TUßEs:
!iliil'.ii'i;l;iïidliiii:lriliiillliüîî:lirJîi'v:i,r:'î:t:,.itir,,i*}f.,
¡ifi:il.iiTriiül:iil,liil,;*tiill^;i^ir:ifï,ri;::tiii,i:l;:iki,:rl.s,s,ance
¡;fifiiffJ[r:nts apprcauon sui¡-as ãitãl"ıíiisl"ipoilríiiïiénãl-îi¡te*nts an¿
Page 4
5325 CR 100Legend? 5u5 co Rd 1ooapprox.location ofSTAapprox.location ofsetpic tank
2591 Ir¡t Orlvo
lloñlt vhr!. co 8r I t¡
{7tr} ¡.9 08é?
lorryllhctú8fr mrll.com
lnuoiceJerry L Fleck
Slll ?c.Crrla Ortûer¡
Codr, ortberg@¡m¡ll. com
33 Four t¡/heel 0rfre ffd
C¿rbo¡drlc, C0.81623
fnvoke flo:
0sþ:
l¡ln¡:
oue Datê
31
a7,0uz02a
ñFr t
07tø9t2t20
Iånl ûutkl rnd plpa rerllng lo¡ 5325 CB 100
Polli Srcndllngar
Subtot¡l
ïAX 0t
Totsl
PAID
$1,?m oo $1.?00.m
$r,200.00
$o.oo
$r,2oo.oo
$0.00
S t,2oû (loBalarice DLre
rtr0
Jerry I tl¡clr. lmalca 34.071V212020
ttl¡cl¡¡nnl ,t
få .;J{, fl
]t'
€f
,b:ffi
à
t
{
t¡
* i:,qI .
g
't
I
1i
[.-¡. /
, . ;{å';'rl'
t
| ú ¡'$t
2tt0
Att¡du¡r¡t f{
Jery L Flecl . lnvolca 11 " 01 l(r212ù20
3/r0
^nr$n
rt r¡
Jeiry L Flecl " lwolca t1 " 87 lÉ21202A
1t t0
tnlchnmt ta
Jery L flocl. lnvolco e1-071V¿12020
5l 10
âltrcinoü lt
Jerry l- flscl- lnvolco A " 071V212V20
6t10
^ll*iilüü
ró
Jery I flack - lnvolca U - 07 IüUZA?A
?/rü
¡llltùüûrl ,t
Jcrry [ Flech . lnYolss U "A? W2l2æA
8/10
Amdl]nlûrll
Jewy L Flecl¡" lmolca U -gTlgllltl0
9/r0
Atlrci|rstl 19
Jerry L Flæk "'lnvolco U"07ltLl2020
10/10
MISSOURI HEIGHTS-MOUNTAIN MEADOWS
IRRIGATION COMPANY
WATER RIGHTS AND HISTORIC OPERATION
Consolidation and Issuance of Shares. In May of 1999, the Mountain Meadow Ditch and
Irrigation Company (Mountain Meadow) and the Missouri Heights Irrigation Company (MHIC)
consolidated into a new entity known as the Missouri Heights-Mountain Meadow Irrigation
Company. Shares have been issued based on the pro-rata ownership of shares existing in both
Mountain Meadow and MHIC at the time of consolidation and on the ratio of historic yield of
each company's water rights to the yield of the entire consolidated V/ater System. Pursuant to a
study prepared by Resource Engineering, Inc. dated December 15, 1998, the historic percentage
of the total yield of the consolidated Water System, and the historic percentage yield of the water
rights originally owned by Mountain Meadow was determined to be 32.60/o of the total yield of
the consolidated Water System. The Corporation issued 3,260 shares as Class A capital stock
distributed on a pro-rata basis to the pre-consolidation shareholders of Mountain Meadow. The
Corporation issued 6,740 shares as Class B capital stock distributed on a pro-rata basis to the
pre-consolidation shareholders of Missouri Heights Irrigation Company.
Class "4" stock; i.e., Mountain Meadow right, draws water from their 13.0 c.f.s. direct flow
irrigation water right in the Mountain Meadow ditch out of Cattle Creek. It has an adjudication
date of August 1, 1905, and an appropriation date of May 31, 1902. The Mountain Meadow
ditch water right is junior to about 50 c.f.s. of other Cattle Creek water rights. It can divert its
decreed amount during spring run-off, but will be typically called out by senior water rights in
late June or early July.
Class "8" stock; i.e., Missouri Heights Irrigation, draws water from Spring Park Reservoir that
has a capacity of 1700 AF and a decree for 2,843 AF for irrigation use. The reservoir can fill and
refill from a 40 c.f.s. water right in Mountain Meadow Ditch out of Cattle Creek. The ditch and
reseryoir have an adjudication date of September 27, 1918, and an appropriation date of
December 28, I9lI. The Spring Park Reservoir fill right is junior to the original Mountain
Meadow Ditch direct flow right and also to an additional29 r or - c.f.s. of Cattle Creek water
rights. It begins diverting and storing water usually in March or early April and can also divert
water during the winter months.
Mountain Meadow Ditch has a capacity in excess of the combined total of 53 c.f.s. of water
rights owned by the Class "A" and Class "B" stock. The estimated ditch capacity is 100 c.f.s.
During the spring run-off season, the Ditch carries both priorities with Class "4" stock taking up
to 13 c.f.s. when that amount or more is available at the headgate and Class "8" stock storing all
additional water, available under its water rights at the headgate on Cattle Creek, in Spring Park
Reservoir or releasing the excess for early season irrigation.
OPERATING RULES AND REGULATIONS APPLYING TO
CLASS "A" AND CLASS "8" STOCK
General Provision
I. Water users who are individually or collectively entitled to no more than 100
gallons of water per minute may be required to purchase and install a flow meter or such other
device approved by the Board which is capable of accurately measuring and, in the discretion of
the Board, or recording the amount of water delivered to the user(s). Moreover, such users may
be subject to special assessments, in accordance with the Corporation's Bylaws, to compensate
for the Corporation's expenses to administer the water delivery andlor use.
It is the shareholder's responsibility to purchase and install the described small delivery
device or other measuring device, as applicable. It is also the shareholder's responsibility to
clean and maintain that device so that accurate flows through a metering system cannot exceed
the call placed to the Corporation for the user's water that week, adjusted for seepage and
evaporative losses in the delivery ditch. If a shareholder fails to receive his/her allocated amount
of water as a result of a faulty metering and/or other measuring system, that shareholder shall be
solely responsible, and the Corporation shall have no liability, for that loss.
il. If any water user of the system shall violate the above provision, or cut the bank
of any ditch or lateral serving anyone other than himself, he shall be deprived of the right to draw
water from said system for a period of 30 days.
ilI. The superintendent/ditchwalker shall have all headgates on the ditch inspected
and repaired before water is turned into the ditch for the season.
IV. When shares are leased for the irrigation season, the owner of the stock shall give
a written order to the Corporation designating the amount of water and the name of the party to
whom leased.
V. Any disagreement arising between the superintendent/ditchwalker and aîy
employee of the Company or between the superintendent/ditchwalker and any water consumer
upon any matter not provided for by these rules or the bylaws of the Company may be decided
by any Company Director, whose decision in such matters shall be binding subject, however, to
an appeal at a formal meeting of the Board of Directors.
VI. No flume, bridge, or other structure shall be constructed across, over, or under the
ditch right-of-way of the Company, except on written permission of the Board of Directors under
supervision of the superintendenlditchwalker.
VII. No check, wheel, dam or other obstruction shall be allowed in the ditch, except on
the order of the Board of Directors.
VIII. During the inigation season no water will be turned on any day except on
Monday. Anyone wishing to start drawing on any Monday shall have contacted the
superintendent/ditchwalker by 7:00 p.m. on the proceeding Friday. No stockholder shall place
any more than 3 calls on his water in any one year on any lateral.
IX. No request for delivery of any water by any ooA" or 'oB" class shareholder need to
be f,rlled unless a total amount of water flowing through the delivery point with respect to said
request, including the amount allowed pursuant to that request, shall exceed the amount of water
allowed by virtue of the ownership of at least *500 shares of Class "A" stock or *380 shares of
Class "B" stock or a combination of Class "4" and Class "8" stock that would entitle the
shareholder to receive more than 2 c.f.s. of water from the Company irrigation system.
Shareholders with less than the above required shares will need to coordinate their water calls
with other stockholders so they can qualiff to receive water under this rule. The rule is designed
to make the most efficient use of water and minimize losses to evaporation and ditch seepage.
Once a request for delivery is made, the shareholder who initiated the request is obligated to
ensure the water is used in a manner directed by these Rules and the Articles of Consolidation
and Bylaws of the Company. Once a request for delivery is initiated, such request cannot be
modified or changed unless necessary to prevent property damage or prevent liability to the
Company or Company property.
X. This provision, effective January l, 2002, applies where more than one
shareholder receives delivery of water from one point on the ditch system as a result of the
division of ownership of historically inigated land and associated Corporate shares into separate
ownership. Under these circumstances, as a condition of receiving water, the affected
shareholders shall be responsible for creating an owners' association or other legal entity or
arrangement which is acceptable to the Corporation and authorized by all such shareholders to
represent them in the diversion of water from the ditch system and in delivery, distribution,
measurement, and accounting of the water amongst themselves according to their individual
interests.
XI. Class "A" Stock
Class "4" draws its water from the original Mountain Meadow 13 c.f.s. water right
diverted out of Cattle Creek.
Subject to ice and snow, necessary ditch cleanup, and repairs after the winter season, the
Mountain Meadow - Class "4" water will be available to those shareholders in proportion to
their ownership of this water right. This right will then be available until the Colorado Water
District 5 Engineer calls this water right out of priority.
Stockholders must call the Company supervisor-ditchwalker or ditch captain for delivery
of water.
Class "A"10 old shares :250 new shares:l c.f.s.
20 old shares :500 new shares:2 c.f.s. (minimum draw)
XII. Class "B" Stock
Class "8" stock direct flow right, i.e., early water right from Cattle Creek, will
vary from year to year for the stockholders. This is dependent upon how successful the winter
fill of the reservoir is and how long this water is available from Cattle Creek for our use.
A 16 day draw of water out of the reservoir is established as an average water
year. The amount of water and the number of draw days available to the stockholders will vary
from the 16 days in an average irrigation year, depending on the amount of water in the reservoir
at the beginning of the season. The Board of Directors will set the number of draw days at the
beginning of the irrigation season and advise stockholders how many days they will receive
when they make their first call of the season for water. Should conditions cause more or less
water to be available; stockholders will be advised of this change.
*380 shares are equal to two cubic second foot of water, which is the minimum
call for water on any ditch. However, stockholders with less than 380 shares can join other
stockholders to make up a draw of 380 or more shares in their ditch. A second option for smaller
stockholders would be to consolidate their draw for fewer days. Example: 190 shares, to make
380, will cut their draw days in half.
70 old shares : 190 new shares:l c.f.s.
140 old shares: 380 new shares:2 c.f.s. (minimum draw)
Class "B"
XIII. All assignments of shares in the Company by a shareholder shall be undertaken
by utilizing the form attached to these Rules as Exhibit A.
XIV. These rules and regulations have been adopted by the Board of Directors of the
Corporation as authorizedby Article VIII.C.4 and XVI.E of the Bylaws. All regulations will be
strictly enforced by the Board of Directors.
CERTIFICATE
I, the Secretary of the MISSOURI HEIGHTS-MOUNTAIN MEADOV/ IRRIGATION
COMPANY, do hereby certiff that the above and foregoing is a true, correct and complete copy
of the 201 I Rules and Regulations of said Corporation and approved and adopted by the Board
of Directors by a vote of 5 to 0 at a meeting held at Carbondale, Colorado on the 8th day of
September,20ll.
Secretary
EXHIBIT A TO OPERATING
RULES AND REGULATIONS
AGREEMENT FOR ASSIGNMENT
SEPARATE FROM CERTIFICATE
This Agreement for Assignment Separate from Certificate ("Agreement for Assignment") is
made pursuant and subject to the requirements of the Bylaws of the Missouri Heights-Mountain
Meadow Irrigation Company as such may be amended from time to time (the "Bylaws"), by and
between
and
whose legal address is
whose legal address is
("Transferor")
("Transferee") as of the
latest date of execution written below
Recitals
1. Transferor intends to transfer and set over to Transferee for Transferee's proper use and
benefit the following described stock in the Missouri Heights-Mountain Meadow
Irrigation Company (the "Corporation"):
a. _ shares of Class _ stock in the Missouri Heights-Mountain Meadow
Irrigation Company; and
b. _ shares of Class _ stock in the Missouri Heights-Mountain Meadow
Irrigation Company; and
2. Article VI of the Bylaws imposes certain obligations on parties to a transfer including
execution of an Agreement for Assignment Separate from Certificate containing
provisions such as those set forth below as a condition of approval of such a transfer by
the Corporation.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Transferor and Transferee agree as follows:
1. Transfer Fee. Transferee agrees to pay the transfer fee required by the Bylaws. In
addition, Transferee agrees to pay any and all attorney's and/or engineer's fees incurred
by the Corporation related to the transfer.
2. Indemnification. Transferor and Transferee agree that they shall be jointly and severally
liable for the payment of all costs, expenses, liabilities, and obligations of, and to protect,
defend, indemni$ and forever hold harmless the Corporation from, any and all claims
and/or demands made by any other person or party alleging an interest in or otherwise
relating to ownership of the shares to be transferred.
In furtherance of this Agreement for Assignment and in support of the transfer contemplated
hereby, Transferor and Transferee answer and state the following:
1. Will the parcel of land historically served by the Corporationos shares that are the subject
of this Agreement be conveyed to Transferee? _ yes _ no
If the ans\iler is "no," then Transferor and Transferee, as applicable, agree to comply
with all provisions of Article VI, Paragraph I of the Bylaws.
2. Are all of the shares in Corporation stock owned by Transferor being conveyed to
Transferee? _yes _ no
3. Will the Transferee's interest in the Corporation's stock be encumbered by a stock pledge
or other security pledge to give a lender a security interest in the subject shares? [Note:
this includes any mortgage on the property by Transferee for which Corporation shares
are identif,red in the Deed of Trust.l
_yes _no
If the answer is "yes," Transferee agrees to provide a copy of the instrument by which
the Transferee is pledging such security interest to the Corporation within ten days of the
conveyance of Corporation stock.
If the answer is "no," but Transferee intends to mortgage the property served by the
shares, then Transferee agrees to expressly except any and all water rights appurtenant to
the property from the Deed of Trust securing said mortgage.
The terms of this Agreement shall survive the assignment of shares contemplated and shall not
be merged in the assignment.
The Transferor and Transferee agree that the Corporation is authorized to enforce the terms of
this Agreement to the extent the provisions herein benefit the Corporation.
In witness whereof, Transferor and Transferee have executed this Agreement and agreed and
accepted the terms hereof, this _ day of 20-.
TRANSFEROR:
STATE OF
COUNTY OF
Subscribed and sworn to before me this _ day of 20
V/itness my hand and official seal.
)ss
)
by
My Commission Expires
Notary Public
TRANSFEREE
STATE OF
COUNTY OF
Subscribed and sworn to before me this
-
day of
Witness my hand and official seal
My Commission Expires
Notary Public
)ss
I
20 by
EXHIBIT B TO OPERATING
RULES AND REGULATIONS
ASSIGNMENT
THIS ASSIGNMENT made this day of 20-, between
whose legal address is
("Assignor"); and
("Assignee"), whose legal address is
WITNESSETH:
That the Assignor, for and in consideration of Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, has assigned and
conveyed unto the Assignee, and by these presents does assign and convey, unto the Assignee,
its successors and assigns forever, all of Assignor's right, title, and interest in and to the personal
property described as follows:
shares of Class _ stock in the Missouri Heights-Mountain Meadow Irrigation
Company.
Together with all and singular the appurtenances thereto belonging, or in anywise
appertaining, and all claim and demand whatsoever of the Assignor, either in law or equity, of, in
and to the above described personal property.
Assignor makes such Assignment to the Assignee without any representations or
warranties of any kind.
This Assignment may be executed in counterparts. Copies of signed documents shall be
treated as originals.
TO HAVE AND TO HOLD the said personal property above bargained and desuibed with the
appurtenances, unto the Assignee, its successors and assigns forever subject to the conditions, if
any, described on the attached Exhibit A.
In witness whereof; the Assignor, through its authorized agent, has executed this
Assignment on the date set forth above.
ASSIGNOR
By
STATE OF
COUNTY OF
)
)
)
ss.
The foregoing instrument was acknowledged before me this day of
20-,by
WITNESS my hand and official seal
My commission expires:
Notary Public
EXHIBIT A
CONDITIONS
RULES AND REGULATIONS
REGARDING CROSSINGS
RT]LE REGARDING STORAGE
Missouri Heights-Mountain Meadow Inigation Company
Rule Regarding Storage
At a properly noticed meeting of the Missouri Heights-Mountain Meadow Irrigation Company's
(the "Company's") Board of Directors, the Board of Directors took up the question of
shareholders storing water delivered by the Company. The Board of Directors found as follows:
A. The Company's water rights include the Spring Park Reservoir water right decreed in
Garf,reld County District Court Case No. CA 1997 on September 27,1918 for 2,823 acre-
feet of storage for irrigation use and 40 cfs of direct flow for irrigation use.
B. Stock representing the Spring Park Reservoir water right is classed by the Company as
"8" shares of stock.
C. The Company's water rights also include the Mountain Meadow Ditch water right
originally decreed in Garfield County District Court CaseNo. CA 1145 for25.6 cfs for
direct flow irrigation use. Of that amount, 12.6 cfs was abandoned by order of the court
in Garfield County District Court Case No. CA4220,leaving 13 cfs.
D. Stock representing the Mountain Meadow Ditch water right is classed by the Company as
"4" shares of stock.
E. The Company stores water in Spring Park Reservoir under the Spring Park Reservoir
water right, then releases the stored water for irrigation use by holders of B shares.
F. Shareholders have expressed an interest in storing water delivered by the Company.
G. For water that has been stored in a reservoir, then released, the Colorado Division of
'Water Resources ("D'WR") allows "re-storage" of the water, but only for the decreed use
of the water right.
H. Further, according to DWR reservoir administration, if water stored in one water year is
not used in that water year, the amount of stored water carried over to the next water year
reduces the amount that may be stored in the following water year.
I. The DWR's water year begins on November l't of one year and ends on October 3l't of
the following year.
Therefore, pursuant to Articles VII.C.4. and XVI.E. of the Company's Bylaws, the Board of
Directors adopted the following rule regarding shareholders' storage of water that is diverted and
delivered pursuant to the Company's water rights decrees:
1. Owners of A shares may not store water delivered to them under their A shares unless it
is expressly permitted by DWR officials.
2. Owners of B shares may store water delivered to them in ponds or by some other storage
method subject to the following conditions.
a. The owner may only use stored water for irrigation.
b. The owner must measure and record the amount of all water placed in storage. In
addition, the owner must determine the amount of water left in storage (the
carryover storage) at the end of the water year. The owner may use any
reasonably accurate method to determine the carryover storage amount so long as
the amount can be verihed by the Company. The owner must provide written
records of these measurements to the Company by November 15ú of each year.
c. The Company will reduce the amount of water to be delivered to the owner in any
water year by the amount of water the owner carries over in storage from the
previous water year. The amount of carryover storage is the amount of water
remaining in storage on November 1't.
3. This rule does not affect storage of water by shareholders who have obtained a court
decree for storage separate from the Company's decrees so long as those shareholders
abide by the terms of their decree.
By my signature below, I verify that the Board of Directors met at a properly noticed meeting on
February 10,2016, that a quonrm of the directors was present, and by a majority vote, the above
rule was properly adopted.
MISSOURI HEIGHTS-MOLTNTAIN MEADOW
IRRIGATION COMPANY
By
Andrea Traul, Secretary
Date: ì o
AMENDED AND RESTATEI)
BYLA\ryS
AMENDED AND RESTATED BYLAIVS
OF MISSOURI HEIGHTS-MOUNTAIN MEADOW
IRRIGATION COMPANY
ARTICLE I.
PLAN OF CONSOLIDATION
Effective May 5, 1999, the shareholders of the Missouri Heights Irrigation Company, a
Colorado corporation ("MHIC") and the Mountain Meadow Ditch and Irrigation Company, a
Colorado corporation, ("Mountain Meadow") consolidated the properties, assets, responsibilities
and debts of both entities and form the within Corporation to hold and be responsible for such
properties, assets, collect and assessments or payments, and pay any resulting debts, and
Certificate of Consolidation has been filed with the Colorado Secretary of State, making the
properties, assets, responsibilities and debts of both entities the Corporation's. As used herein,
the "Corporation's Water System" or "Water System" shall include any and all water rights,
reservoirs, ditches, headgates, splitter boxes, and laterals owned and operated by the Corporation
or owned and operated by its shareholders, as defined in the Articles of Incorporation. However,
the Corporation's Water System does not include turnouts or other devices used by individual
shareholders, or any other facilities, ditches, laterals, etc. solely used by a single shareholder of
the Corporation.
ARTICLE II.
OFFICES
The principal office of the Corporation and the mailing address shall be located at P.O.
Box 548, Carbondale, CO 81623. The Board of Directors may change the principal place of
business at any time. The Corporation may also have offices at other places within Colorado as
the Board of Directors may from time to time approve.
ARTICLE III.
CORPORATIONNS MAILING ADDRESS
Payment of assessments and all correspondence to the Corporation (other than
correspondence and notices from the Secretary of State to the Corporation) shall be sent to
Missouri Heights-Mountain Meadow Irrigation Company, P.O. Box 548, Carbondale, CO 81623.
ARTICLE IV.
SHAREHOLDERS
A. Shareholders.Each person who owns a share of capital stock, whether Class A or
Class B shares, in the Corporation shall be a shareholder of the Corporation. "Person" includes
any corporation or other entity owning capital stock in the Corporation.
B. Preemptive Rights. No shareholder of the Corporation shall have any
preemptive or similar right to acquire or subscribe for any additional unissued or treasury shares
of stock, for any bonds and warrants for the purchase of stock, or any other securities of any
class.
ARTICLE V.
MEETING OF SHAREHOLDERS
A. Annual Meeting. The annual meeting of the shareholders of the Corporation shall
be held on the f,rrst Tuesday in February, at such hour and place in or near El Jebel, Colorado, as
the Board shall designate in the notice therefore. If for any reason the annual meeting should not
be held on such day, it may be held on any day subsequent to the first Tuesday in February as
hereinafter provided. The annual meeting shall be for the purpose of electing directors for the
next ensuing year, the fixing of assessments on the stock of the Corporation, and for the
transaction of such other business as may properly come before such meeting.
At each annual meeting of the shareholders, the directors shall be elected for a term of one year
by the shareholders of the Corporation in the voting manner set forth below, or until a successor
is elected.
B. Special Meetings. Special meetings of the shareholders may be called at any
time by resolution of a majority of the Board, or shall be called by the Board at a wriffen request
signed and dated by shareholders representing at least ten percent (10%) of all the votes entitled
to be cast on any issue proposed to be considered at the meeting, as provided in C.R.S. $7-107-
102, as the same may be amended from time to time. Such special meeting shall be held in or
near El Jebel, Colorado, at the time and place stated in the notice thereof, and the business of
such meeting shall be limited to that set out in such notice.
C. Notice of Meetings. Notice of any meetings, annual or special, shall speci$ the
time, place and purpose of the meeting and shall be delivered, either personally, by mail or by
facsimile, or email to all shareholders. Notice for meetings shall be sent not less than ten (10)
and no more than fifty (50) days prior to such meeting. If mailed, such notice shall be deemed to
be delivered when deposited in the United States mail, postage prepaid, addressed to the
shareholder at his address as it appears on the stock transfer books of the Corporation. Written
or any notice required by these Amended and Restated Bylaws may be waived by any
shareholder by submitting such waiver in writing, via mail, facsimile or email, to the Secretary of
the Corporation on or before the meeting for which such notice would be required.
D. Quorum. At meetings of shareholders, fifty percent (50%) of the total shares
entitled to vote at such meeting, represented by the owner in person or by proxy, shall constitute
a quorum. At any such meeting at which a quorum is present, the afhrmative vote of a majority
of the votes cast at such meeting and entitled to vote on the subject matter shall be the act of the
shareholders, unless the vote of a greater proportion or number is required by these Bylaws, the
Articles of Incorporation or the laws of Colorado. If at least fifty percent (50%) of the total
shares entitled to vote at a meeting is not present at any shareholders' meeting, the minority
present shall have no power to transact any business or take any action except to adjourn; the
minority present may adjourn the meeting from time to time without further notice and/or set a
new meeting date both with a new notice of the meeting, and at such adjourned or new meeting
at which a quorum is present or represented, any business may be transacted which might have
been transacted at the meeting as originally noticed. The shareholders present at a duly
organized meeting may continue to transact business until adjournment, notwithstanding the
withdrawal of enough shareholders to leave less than a quorum.
E. Voting. Each share of stock issued by the Corporation and fully paid as to
assessments shall have the right to one (1) vote at any shareholders' meeting. Except as
otherwise provided herein or in the Articles of Incorporation, all acts and resolutions of the
shareholders shall be deemed adopted upon a favorable vote of a majority of the votes cast. Any
shareholder may participate in person or by proxy executed in writing by the shareholder or the
shareholder's dually authorized attorney-in-fact. Corporate stock records shall be closed to
transfer ten (10) days before any shareholders' meeting and shall remain closed turtil the day
following the meeting. Any shareholder may demand a vote by ballot on any question, in which
event all ballots shall be signed, the number of shares voted written thereon, and the amount
verified with the stock records of the Corporation before the result is announced.
F. Election of Directors. Notwithstanding the foregoing, in the election of
directors, each shareholder shall have the right to vote that shareholder's number of shares by
secret ballot, or voice vote at the discretion of the Board of Directors, for as many persons as
there are directors to be elected. Cumulative voting of shares of stock is authorized for the
election of Directors, as set forth in the Articles of Incorporation of the Corporation.
G. Action \ilithout Meeting. Any action which might be taken at a meeting of the
shareholders may be taken without a meeting if consent in writing, via mail, facsimile, or email,
setting forth the action taken, is signed by two-thirds (213) of the shareholders entitled to vote.
ARTICLE VI.
SHARES
A. Private Water System. The Corporation's Water System is a private water
system. Only shareholders of the Corporation in good standing and for which all assessments
due and owing have been paid shall be entitled to and receive water from the Corporation's
Water System as set forth herein and the Articles of Incorporation.
B. Authorization of Shares. The Corporation has authorized and issued 3,260
shares of Class A capital stock and 6,740 shares of Class B capital stock.
C. Joint or Co-Owners of Shares. A share of capital stock of the Corporation may
be issued to more than one (1) individual either in joint tenancy or in tenancy in common. If a
share is issued to two (2) or more persons, any notice required to be served upon the shareholders
under the Articles of Incorporation of the Corporation or these Bylaws shall be deemed properly
served or service thereof waived if service is made upon one of said persons/shareholders or if
service thereof is waived by one of said person/s shareholders. A shareholder shall be entitled to
vote all the shares held by him and others in joint tenancy or tenancy in common (in the absence
of the other joint or co-tenant shareholders from any meeting) as though he or she were the sole
owner of said shares; however, only one (1) vote shall be allowed for each share issued.
D. Corporate, Association, or other Private or Public Entity Owners of Shares.
Shares of stock of the Corporation may be issued to a corporation, incorporated or
unincorporated homeowners' or property owners' association, metropolitan district, conservancy
district, or any other public or private entity recognized under Colorado law (hereinafter "Entity
Shareholder"). Each Entity Shareholder will appoint, in writing, a single representative who
shall be authorized and entitled to attend annual or special meetings of the shareholders and to
vote all of the Entity Shareholder's shares.
E. Ownership of Shares. As of the effective date of the 2011 Amended and
Restated Bylaws, certif,tcates of stock in the Corporation will no longer be used to evidence
ownership of shares in the corporation and shall be of no further force and effect. Instead, share
ownership shall be recorded by a book-entry system whereby the Secretary or Treasurer of the
Corporation shall maintain a list of shareholders in the Corporation with the number of shares
each shareholder owns.
1. In order to effectuate a transfer of shares under the book-entry system, the
transferee shall provide the Secretary or Treasurer of the Corporation with an Agreement for
Assignment Separate from Certificate ("Agreement for Assignment") in the form attached to the
Operating Rules and Regulations Applying to Class "4" and Class "8" Stock as such Agreement
for Assignment may be changed from time to time. The Agreement for Assignment shall be
executed by both transferee and transferor and shall include (without limitation) the following:
a.An identification of the number and class of shares to be transferred;
b. The agreement of the transferor and transferee, jointly and severally, to
indemnifu the Corporation from and against any and all claims or demands, made
by any other person or party, alleging an interest in, or otherwise relating to
ownership of, the transferred shares; and
c. Agreement to pay the stock transfer fee as established by the Board from
time to time and all attorney's and engineer's fees (if any) incurred by the Board
of Directors in reviewing the proposed transfer.
d. Agreement by transferee to obtain consent from the Board in the event any
modification to the 'Water System is required by virtue of the transfer and to pay
for any such modifications, if approved, and to comply with all other
requirements of Article VI, Paragraph I of these Bylaws.
The transferee shall submit the properly completed and executed Agreement for
Assignment to the Secretary or Treasurer along with a map of the parcel on which the water has
been used and the parcel to which it is proposed to be transferred, if different. The Secretary or
Treasurer shall determine if the Agreement for Assignment meets the requirements of this
provision (l) and, if so, shall then transmit the Agreement for Assignment and any supporting
documentation to the Board of Directors for consideration. The Board shall have thirty days
within which to review the proposed transfer. If necessary, the Board may require the transferor
to provide additional information and shall have an additional thirty days from receipt of such
information to review.
If the transfer is to a party for use on property that has not previously been served by the
Corporation's Water System, before approving the assignment, the Board shall require the
transferor to first offer the shares for sale to the Corporation, then to all shareholders according
to the procedure described in Article VI.8.2., below.
If the Board of Directors finds that the proposed transfer meets the requirements of the
Articles of Incorporation and these Bylaws and will not injure the Corporation or individual
shareholders, the Board of Directors shall approve the proposed transfer. Otherwise, the Board
of Directors may reject the proposed transfer or approve with conditions for the purpose of
mitigating any injury to the Corporation or individual shareholders. In addition to any other
conditions imposed on a transfer, for a transfer that results in water being delivered in a lateral
through which the transferred shares have not been historically delivered, the Board may require
the transferee to pay all costs of any new improvements or modifications to such lateral that are
necessary to accommodate the new water. The final decision as to what improvements or
modihcations are necessary to accommodate the new water is to be made by the Board of
Directors in its sole discretion. Also, the Board of Directors may require the transferee to
reimburse the other owners on such lateral for the cost of any improvements that have previously
been made to such lateral (such as, without limitation, piping) and for which the other owners
have already paid. Such reimbursement may only be required if the Board of Directors has
consulted with the other owners on the lateral and a majority of such other owners request
reimbursement. Further, the total amount of such reimbursement must be limited to the
percentage of the new shares relative to the total shares historically delivered through such
lateral. And, the total amount of such reimbursement may be calculated giving consideration to
the remaining life of any such improvements. The express conditions detailed herein are, in no
way, meant to limit the Board of Directors' discretion in imposing other conditions on a
proposed transfer and must not be interpreted as such.
The Corporation shall then noti$ the transferor of its decision. The Board of Directors'
decision shall be final.
If, upon approval by the Board, the transferor and transferee elect to ftnalize the transfer,
the transferee shall provide the Secretary or Treasurer an executed assignment transfening the
shares in the form attached to the Operating Rules and Regulations Applying to Class "4" and
Class "8" Stock as Exhibit B as such may be revised from time to time. If the Board's approval
is subject to conditions, the assignment shall include those conditions. Unless the transfer is for
use on a parcel not previously served by the shares, the transferee shall provide a copy of the
deed transferring ownership of the property upon which the shares were previously used. For the
pu{pose of this provision, a parcel served by Missouri Heights-Mountain Meadow Irrigation
Company shares is meant to describe the entire piece of land owned by a shareholder, at least a
part of which has been irrigated by water from the Water System. It is not limited to just the
portions of an owner's land actually inigated.
If the Secretary or Treasurer finds the assignment to be consistent with the Board's
approval and with the Articles of Incorporation and these Bylaws, upon the Transferee paying
the transfer fee and any legal and engineering expenses, the Secretary or Treasurer shall update
the shareholder list to record the transfer. The Corporation will then send a confirming letter
with a copy of the updated shareholder list to the transferee. Until the Board of Directors has
approved a transfer, the transfer will not be recorded in the shareholder list and will not be
recognized by the Corporation.
2. Sale Procedure - Offers Outside the \ilater System. Following is the
procedure governing share transfers when shares are offered for transfer outside the
Corporation's Water System and the Board of Directors requires the transferor to offer the shares
to the Corporation first, then to existing shareholders as required above in VI.E.1
The transferor shall offer the shares f,rrst to the Corporation for the same price that has
been offered in writing to transferor by a proposed transferee, or such lesser amount agreed to by
the transferor. If the Corporation declines to purchase the shares in the first instance, the
shareholders will have the right (but not the obligation) to purchase the shares being sold at the
same price. The Corporation may join with any shareholder or group of shareholders to purchase
the shares and individual shareholders may join together as a group to purchase the shares if the
Corporation is not participating.
Unless the transferor, the Corporation, and any involved shareholders, agree otherwise,
the Corporation or shareholders (or a combination of both) must purchase all of the transferor's
shares that are subject of the offer for transfer outside the Water System. If the Corporation or
shareholders (or a combination of both) will not buy all of the shares subject of the proposed
transfer and there is no agreement otherwise, the transferor may proceed with their proposed
transfer subject to all other provisions of the bylaws.
If the Corporation or shareholders or a combination of both offers to purchase the shares
at the price offered by the proposed transferee, the shares must be sold to the Corporation or
shareholders or combination of both making the offer. Where more than one party is making the
offer, they will receive the shares in equal amounts unless another affangement is agreed to by
all of the offering parties in writing.
If the number of shares offered cannot be divided equally among the parties without
creating fractional shares, the Board of Directors will determine how the additional shares will
be allocated to the offering parties.
If the Corporation or shareholders or some combination of the two do not offer to buy the
shares offered within 45 days of the date on which the transferor offers the shares for sale to the
Corporation, then the transferor may proceed with the transfer outside the Corporation's W'ater
System pursuant to and subject to the transfer process described in this Article VI.E. and all other
provisions of these Bylaws.
3. Carriage Water. For any transfer within or outside the Corporation's
Water System, the Board may determine, without limitation, that a portion of the water that has
been delivered under the subject shares has functioned as carriage water. Under such
circumstances, the Board may require the transferee to leave a certain amount of water in the
ditches that have historically carried such water to cover any ditch losses that will be associated
with the transfer.
F. Restrictions on Shares. For each share of stock in the Corporation, the
shareholder is hereby restricted to the use and alienation thereof in accordance with the Articles
of Incorporation and these Bylaws.
l. Changes of Corporation Water Rights. Changes to the Corporation's
water rights are disfavored and discouraged as they potentially will injure the Corporation and its
shareholders. Any shareholder may change the water rights represented by such shareholder's
Corporation stock in a water court or administrative proceeding. However, no shareholder may
apply for such a change until: (l) such shareholder has provided the Corporation with a copy of
the proposed application and supporting engineering for the Corporation's review; (2) such
shareholder has agreed to pay the Corporation's reasonable attorneys' and engineers' fees and
costs associated with reviewing such application and engineering and participating in the
proceeding; (4) the Corporation has had at least sixty (60) days to review the application and
engineering and to impose reasonable terms and conditions necessary to prevent injury to the
Corporation and remaining shareholders; (5) such shareholder has revised the application and
engineering to reflect the Corporation's terms and conditions; and (6) the Corporation has
approved the application and engineering, subject to imposing additional reasonable terms and
conditions to prevent injury that may come to light as part of the proceeding.
a. Reasonable terms and conditions may include, but are not limited to: (l)
requiring such shareholder to leave a certain percentage of water in the
Corporation's Water System to compensate for ditch losses and to ensure
continued caniage; and (2) restricting the bypass of water at the headgate and/or
requiring the party requesting the change to continue to deliver the water to the
historic place of delivery.
b. The Corporation may oppose the change application whether it be in a
water court or administrative proceeding or both for the purpose of avoiding
injury to the Corporation's water rights even after the Corporation has imposed
terms and conditions that have been accepted by the applying shareholder.
c. Any modifications necessary to the headgate or any measuring devices
required as a result of any change of water rights shall be the sole responsibility of
the party applying for the change.
G. Stock Transfer Fee. A stock transfer fee shall be established annually by the
Board of Directors and shall be charged for each single transfer of any shares of the capital stock
of the Corporation. Stock transfer fees shall be collected by the Secretary of the Corporation at
the time of transfer. Any transfer fee shall be paid by the transferee of the shares.
H. Pledge of Stock Shares as Security. In the event any shareholder pledges any of
his/her/its shares as security for any indebtedness, the shareholder must immediately notifu the
Secretary of the Corporation, in writing, of such pledge. This pledge of security shall be noted in
the stock records of the Corporation, with a notation that no transfer, sale or conveyance of such
pledged shares shall occur until the Secretary receives a written release of such shares from the
beneficiary of such pledge.
I. Restrictions on \ilater System Modifications. No shareholder shall make any
modifications to the Corporation's Water System including, without limitation, the installation of
any ditch crossings (including, without limitation, utility crossings, pedestrian bridges, or
driveways), culverts, pumps, laterals or other structures without the prior written consent of the
Board. The shareholder shall provide written notice of the intended modification to the
Corporation at its principal place of business. Such notice shall include a complete description
of the current condition of the affected portion of the Water System and detailed plans for all
proposed modifications.
The proposed modification must not result in injury to the Water System, the water rights
associated with the 'Water System, the Corporation, or other shareholders; the proposed
modification must not impair the ability of the Corporation and its shareholders to otherwise use,
operate and maintain the rWater System; and such modification or installation must comply with
the specifications and plans recorded in the Garfield County real estate records at Reception Nos.
587479 arñ 537477 and the Eagle County real estate records at Reception Nos. 765714 and
680641. The Corporation may condition consent to the modification upon the shareholder's
compliance with limitations or conditions deemed reasonably necessary by the Corporation to
protect the V/ater System, the water rights associated with the Water System, the Corporation or
other shareholders. The shareholder seeking approval of the proposed modifications shall pay
reasonable costs incurred by the Corporation, up to a total maximum payment of $5000.00, for
legal and engineering analysis which the Corporation determines is necessary to evaluate the
effect of the proposed modification on the Water System, the water rights associated with the
Water System, the Corporation or other shareholders. The said maximum payment of $5000.00
shall be adjusted f,rve calendar years after the adoption of these Amended Bylaws, and shall be
further adjusted every five years thereafter, in accordance with the Denver/Boulder/Greeley
Consumer Price Index - All Urban Consumer ("CPI-U") cumulative adjustment. Each adjusted
maximum payment amount shall be based on the CPI-U cumulative adjustment for the preceding
five calendar years. The shareholder will leave sufficient water in the Corporation's Water
System to cover ditch seepage and losses associated with the changed shares provided, however,
this provision shall not apply to changes within the Corporation and shareholders' lateral
distribution network.
Any modification or installation approved by the Board shall be performed in
conformance with the approved plans and specifications at the shareholder's sole cost and
expense.
ARTICLE VII.
ASSESSMENTS
A. Purposes. The shareholders set assessments for the purposes of keeping the
Corporation's property in good repair for the purposes of constructing, repairing, enlarging,
maintaining, extending, relocating and improving the reservoir, ditches and other components of
its Water System; for the purpose of adjudicating water rights and augmentation or exchange
plans; for the purpose of obtaining well permits; for the pu{pose of acquiring additional water,
water rights, change of water right decrees, rights-of-way and water storage reservoirs; for the
purpose of paying obligations or indebtedness; for the legal and other costs of organizing and
carrying out the business of the Corporation; for the payment of compensation to employees,
agents, officers, directors or other parties engaged by the Corporation in the furtherance of its
pu{poses; for the pu{pose of creating such reserve or contingent fund as the Board of Directors
may deem from time to time necessary and proper for the financial stability and welfare of the
Corporation; and for any other purpose as set out in its Articles of Incorporation and these
Bylaws; provided, however, that:
1. Assessments for operating, repairing and maintaining the Corporation's
Water System shall be limited to actual expenses, and shall be made against all shares of
outstanding Class A and Class B stock without regard to the individual shareholder's position in
the Corporation's Water System; except that shareholders who use or take from the Highline
Ditch, Middle Ditch, Fender Ditch and Grange Ditch will be separately assessed for the costs and
expenses associated with operating, repairing, and maintaining those ditches; and except that
shareholders who individually or collectively draw water from the Water System at a flow rate of
100 gallons of water per minute or less will be separately assessed for the costs and expenses
associated with operating and administering their water draws.
2. Assessments for capital improvements (those improvements other than
operating and maintenance activities and repair or replacement of existing facilities or structures)
shall be made only upon the affirmative vote of seventy-five percent (75%) of the quonrm
present. Assessments for capital improvements shall be made against all shares of outstanding
Class A and Class B stock without regard to the individual shareholder's position in the
Corporation's 'Water System, except that shareholders who use or take water from the Highline
Ditch, Middle Ditch, Fender Ditch and Grange Ditch will be separately assessed for the costs and
expenses associated with the capital improvements to those ditches.
3. Assessments for administrative, legal and professional services,
compensation to the Corporation's employees and/or agents, and reserve and contingent funds
deemed necessary by the Board of Directors shall be made against all shares of outstanding Class
A and Class B stock without regard to the individual shareholder's position in the Corporation's
Water System.
B. Assessments Equal. Except for additional assessments to shareholders who use
the Highline Ditch, Middle Ditch, Fender Ditch and Grange Ditch (and those who individually or
collectively draw 100 gallons of water per minute or less from the Company's Water System) as
provided in paragraphs VII.A.1 and VII.A.2 hereinabove, all shares of Class A and Class B stock
shall be assessed equally.
C. Payment of Assessments. The Corporation shall make annual assessments on
the capital stock thereof to be levied on a pro rata basis as hereinabove provided, and to be
payable in money. Any annual assessments levied shall be paid in full on or before April l't of
the year for which such assessment shall be made, or at such other date as determined by the
Board of Directors
D. Determination of Assessments. The question of assessments shall be submitted
by the Board of Directors to the shareholders of the Corporation at the annual meeting, or at a
special meeting called for that purpose, at which a quorum is present. An assessment shall be
made if a majority of stock represented at such meeting, either by the owner in person or by
proxy, entitled to vote thereon shall vote in favor of making the assessment. In the event any
annual assessment shall prove to be insufhcient to meet the requirements of the Corporation for
the year for which such annual assessment has been levied, the Board of Directors, without a
vote of the shareholders, may at any time levy a further assessment for the pulpose of providing
for any deficiency in revenue, which further assessment shall be paid as determined by the Board
and collected in a like manner as the annual assessment.
E. Failure of Shareholder to Make Assessments. In the event shareholders
holding a majority of the stock shall fail to attend the annual meeting or shall fail to make
assessments within ten (10) days of the date of the annual meeting in any year, then the Board of
Directors shall have the power to make any such assessments at any regular or special meeting of
such Board held subsequent thereto in any year and called for such purpose. Such action shall
have the same force and effect as though made by the shareholders.
F. Notice of Assessments. Upon authorization of the annual assessments by the
shareholders or the Board as set forth herein, the Secretary of the Corporation shall notifu all of
the shareholders of such assessment no later than the March l't. All notices of assessments shall
state the time and manner of payment, the amount due and shall be deposited in the United States
Post Office, postage prepaid, directed to the last known mailing addresses of the shareholders as
shown on the books of the Corporation.
G. Failure to Pay Assessments. In the event any shareholder fails to pay any
assessment on his stock when due, the Corporation shall have the following remedies:
1. The Corporation may withhold or terminate the delivery of water to the
shareholder until such assessment is paid.
2. In addition thereto, or in lieu thereof, the Corporation may file a lien
against the property associated with the delinquent shareholder's stock or any number of shares
of said stock. The Corporation shall be entitled to recover from the delinquent shareholder all its
attorney's fees and other costs incurred to recover unpaid assessments, including but without
limitation, costs and fees to file and foreclose upon a lien.
3. In addition thereto, or in lieu thereof, the Corporation may commence a
civil action against such delinquent shareholder to recover the amount of any assessment which
may remain unpaid, together with interest, court costs and reasonable attorney's fees.
4. In addition thereto, or in lieu thereof, the Corporation may declare a
forfeiture or sale of the delinquent shareholder's stock of any number of shares of said stock. In
the event the Board of Directors determines to pursue this remedy, wriffen notice shall be given
to the delinquent shareholder at the address on file with the books of the Corporation, via
certified mail, return receipt requested, demanding payment within thirty (30) days of said
notice. If the assessment has not been paid at the end of said thirty (30) days, the Board of
Directors may declare said stock forfeited and order the same sold at an auction to other
shareholders of the Corporation for cash and to the highest and best bidder. The Secretary of the
Corporation shall publish a notice stating the time and place of the sale of such stock once a
week for two (2) weeks in newspaper published or near the principal place of business. Any
proceeds derived from the sale of such stock exceeding the amount of the delinquent assessment
and the costs and expenses incident to and occasioned by the sale of the stock shall be paid over
to the delinquent shareholder.
5. In addition to all of the above listed remedies, the Corporation may take
such other actions as are allowed under Colorado law.
H. Interest on Delinquent Assessments. Interest at the rate of two percent (2%) per
month, with a minimum charge of Twenty-Five Dollars ($25.00), shall be charged on any annual
assessments not paid in full on or before April 30th of the year for which such assessment has
been made, or on any special or other assessment not paid in full within sixty (60) days after said
assessments is due and payable. Interest charges shall be collected in the same manner as
prescribed in these Bylaws for the non-payment of assessments levied against the stock of the
Corporation.
ARTICLE VIII.
DIRECTORS
A. Directors. The Corporation shall have a Board of Directors consisting of five (5)
natural persons. Directors shall not be required to be residents of the State of Colorado, and at
least three (3) of the five (5) directors must be shareholders of the Corporation. For purposes of
this Article, "shareholders" may include designated members, employees, agents or other
representatives of an Entity Shareholder. Directors shall serve a term of one (1) year or until
their successors are elected and qualified.
B. Vacancies. Vacancies on the Board of Directors may be filled for the unexpired
term of the predecessor in office by a majority vote of the remaining Directors at arry meeting of
the Board of Directors. A vacancy created by an increase in the number of Directors may be
filled for a term of office continuing only until the next election of Directors.
C. Power of Directors. The Board of Directors shall have control and general
management of the affairs, property and business of the Corporation and, subject to these
Bylaws, may adopt such rules and regulations for the purpose and for the conduct of its meetings
as the Board of Directors may deem proper. Such powers shall include, but not be limited to, the
following:
1. Appointment and removal of the officers of the Corporation specified
herein;
2. Call special meetings of the shareholders whenever such meeting is
necessary in the manner and form herein provided;
3. Appointment and removal at pleasure all employees and agents of the
Corporation, prescribe their duties, fix their compensation and, when they deem it necessary,
require security for the faithful performance of their duties;
4. Make rules and regulations not inconsistent with the laws of the State of
Colorado, the Articles of Incorporation of the Corporation and these Bylaws for the guidance of
the off,rcers and the management of the affairs of the Corporation;
5. Make assessments on the issued stock of the Corporation necessary to
carry out the objects and purposes of the Corporation as expressed in the Articles of
Incorporation and these Bylaws, and to provide the time of payment of such assessments and the
manner of collecting the same;
Pursue remedies against delinquent shareholders;
Approve any and all bills, payrolls, and items of expense against the
Corporation
8. Incur such indebtedness as they may deem necessary for carrying out the
objects and purposes of the Corporation and authorize certain officers to execute any documents
necessary to incur such indebtedness; and
9. Determine what compensation, if any, shall be paid to board members and
officers of the Corporation.
D. Duties of Board of Directors. The duties of the Board of Directors shall include,
but not be limited to, the following:
1. Cause to be kept a complete record of all meetings and acts, present full
statements at the regular annual meetings of the shareholders showing in detail the assets and
liabilities of the Corporation and the condition of its affairs in general;
2. Supervise all the acts of the officers and employees, require the Secretary
or Secretary-Treasurer to keep full and accurate books of account and prescribe the form and
mode of keeping such books; and
3. Cause to be issued to the person entitled thereto certifications of stock
according to the several interests, not exceeding in the aggregate the authorized capital stock of
the Corporation.
E. Ratification of Board of Directors. No contract by any off,tcer or director of the
Corporation shall be valid as against the Corporation without the previous authorization or
subsequent ratifications of the Board of Directors.
F. Removal of Directors. Any director may be removed from office in the manner
provided by the Colorado Revised Nonprofit Corporation Act, C.R.S. $7-128-108 and 109. If
any director fails to attend three consecutive Board of Directors' meetings, which absence is not
excused by the Board, such failure of attendance may be treated as a resignation, and the Board
can declare the seat vacant by resignation.
G. Election of Directors. The election of Directors shall be at the annual meeting of
the shareholders, and shall be by secret ballot, or voice vote at the discretion of the Board of
Directors, for as many persons as there are directors to be elected. Cumulative voting of shares
6.
7.
of stock is authorized for the election of Directors, as set forth in the Articles of Incorporation of
the Corporation. Nominees receiving the greatest number of votes shall be elected.
H. Disposal of Capital Stock. The Board of Directors shall have the power and
authority to dispose of any capital stock returned to the Corporation because of non-payment of
assessments, and may dispose of such stock in the manner provided for at Article VII.G.4 herein.
ARTICLE IX.
MEETINGS OF DIRECTORS
A. Annual Meeting. The annual meeting of the Board of Directors shall be held
immediately after and at the same place where the annual meeting of the shareholders has been
held. The meeting will be held for the purpose of electing off,tcers, appointing committees and
for the transaction of any other business as may properly come before the Board of Directors.
No notice shall be required for the annual meeting of the Board of Directors.
B. Special Meetings. Special meetings of the Board of Directors may be called by
or at the discretion of the President, a majority of the Board, or as provided in the Articles of
Incorporation.
C. Notice of Meetings. Except for the annual meeting of the Board of Directors,
notice of the time and place of any meeting of the Board of Directors shall be given, either
written or orally, no more than ten (10) days prior to the meeting. Neither the business to be
transacted nor the purpose of any regular or special meeting need to be specified in the notice or
waiver of the meeting, except as otherwise provided in these Bylaws or in the Articles of
Incorporation.
D. Quorum. At all meetings of the Board of Directors, a majority of the Board of
Directors shall constitute a quorum for the transaction of business. In the event there is not a
quorum at any meeting, those Directors present may adjourn the meeting to an agreed upon date
upon giving notice of the absent Directors of such adjournment.
E. Voting. The act of the majority of the Directors present when there is a quorum
shall be the act of the Directors.
F. Action Without Meeting. Any action which might be taken at a meeting of the
Board of Directors may be taken without a meeting if a consent in writing, facsimile or email,
setting forth the action is taken, is signed by four of the five of the Directors entitled to vote.
ARTICLE X.
OFFICERS AND DUTIES
A. Officers. The officers of the Corporation shall consist of a President, a Vice
President, a Secretary and a Treasurer. They shall be elected by the Board of Directors at its
annual meeting, and shall hold office for one (1) year or until their successors are elected and
qualified. The officers shall be members of the Board of Directors. The offices of Secretary and
Treasurer may be combined.
B. President. The President shall, subject to the direction and supervision of the
Board of Directors, be the chief executive officer of the Corporation and shall have general and
active control of its affairs and business and general supervision of its ofhcers, agents and
employees. The President shall report to the Board of Director any negligence or misconduct of
any such officers, agents and employees. The President shall preside at all meetings of the
shareholders and the Board of Directors. The President shall have the authority to sign all
contracts and other instruments on behalf of the Corporation, except as the authority may be
restricted by resolutions of the Board of Directors adopted from time to time. It shall be the
responsibility of the President to make sure that all of the Corporation's ditches are in adequate
condition to carry water and that water is running in said ditches, unless an emergency exists.
C. Vice President. The Vice President shall perform duties of the President in case
of his absence or inability to act and shall perform such other duties as the Board shall direct.
D. Secretary and Treasurer. The Secretary shall act as secretary of all
shareholders' and directors' meetings and shall preserve the minutes thereof, unless a Secretary-
Treasurer shall perform such duties. The Secretary or Treasurer shall maintain the stock ledger
book of the Corporation, which ledger shall indicate the shares issued and transferred, the date of
all transactions, and the names and addresses of all shareholders. The Secretary or Treasurer
shall submit a full report of the activities of his/her office to the shareholders at their annual
meeting. The Secretary shall give written notice of all shareholders' and directors' meetings as
required by law or by the Board.
The Treasurer or the Secretary, if such has been designated, shall collect all monies due
the Corporation and shall keep all corporate funds in an account of the Corporation in FDIC
insured banking institutions as the Board of Directors may from time to time designate. After
the appropriate authorization by the Board of Directors as set forth hereiq ffiy accounts of the
Corporation shall be withdrawn to pay the Corporation's debts by check only, signed by any two
(2) of the corporate off,rcers. The Treasurer or the Secretary shall keep accurate accounts of all
financial transactions of the Corporation, shall submit a complete financial statement and report
to the Corporation for the past year, and shall keep the books available and open to inspection of
all Directors or shareholders at their annual meeting, and to the Directors as they shall require.
The Treasurer shall show in full all receipts and disbursements to the date thereof, and such
other information of the Treasurer or Secretary's offtce as the Directors may require.
ARTICLE XI.
INDEMNIFICATION
The Corporation shall indemniff, and may advance expenses to, its current and former
ofhcers and directors to the full extent permitted by Colorado law. The Corporation may
indemni$ and advance expenses to an employee, fiduciary or agent to the full extent permitted
by Colorado law.
ARTICLE XII.
LIMITATION OF LIABILITY
A. Breach of Fiduciary Duty. The personal liability of a director or officer to the
Corporation or its shareholders for monetary damages for breach of fiduciary duty as a director
or officer is eliminated or limited to the full extent provided by Colorado law, except that the
foregoing shall not eliminate or limit such director's or officer's liability to the Corporation or to
its shareholders for monetary damages for the following: (a) any breach of such director's or
officer's duty of loyalty to the Corporation or to its shareholders, (b) any of such director's or
offrcer's acts or omissions not in good faith or which involve intentional misconduct or a
knowing violation of law, (c) acts specified in C.R.S. $ 7-128-403 or 7-128-501, as those
sections now exist or hereafter may be amended (regarding a director's assent to a distribution
made in violation of C.R.S. $ 7-133-101 or participation in the making of any loan by the
Corporation to any director or offîcer of the Corporation), or (d) any transaction from which such
director or officer derived an improper personal benefit. If the Colorado Revised Nonprofit
Corporation Act hereafter is amended to authorize the further elimination or limitation of the
liability of directors or offrcers, then the liability of a director or officer of the Corporation, in
addition to the limitation on personal liability provided herein, shall be further eliminated or
limited to the fullest extent permitted by the Colorado Revised Nonprofit Corporation Act. Any
repeal or modification of this Article XII shall be prospective only and shall not adversely affect
any right or protection of a director or officer of the Corporation existing at the time of such
repeal or modification.
B. Obligations of Corporation. The directors, officers, employees, ffid
shareholders of the Corporation shall not, as such, be personally liable for its acts, debts,
liabilities or obligations.
ARTICLE XIII
INSURANCE
A. General Liability Insurance and \ilorkman's Compensation Insurance. The
Corporation shall aI all times maintain comprehensive general liability insurance in such
amounts deemed sufficient in the judgment of the Board of Directors to protect the Corporation
and its officers, directors, employees, fiduciaries, agents and shareholders from liability relating
to the ownership and operation of the V/ater System and associated water rights, appurtenances
and easements, and the diversion and storage of water in connection therewith. The Corporation
shall make every effort to obtain said insurance from a company rated at least A+ in Best's
Insurance Guide. To the extent insurance is available; it shall cover the Corporation and its
ofhcers, directors, employees, fiduciaries, agents and shareholders as additional named insureds.
The Corporation shall at all times maintain Workman's Compensation insurance that covers its
employees.
B. Directors and Others. The Corporation may purchase and maintain insurance on
behalf of a person who is or was a director, officer, employee, fiduciary or agent of the
Corporation, against liability asserted against or incurred by the person in that capacity or arising
from the person's status as a director, officer, employee, fiduciary or agent whether or not the
Corporation would have the power to indemniff the person against the same liability under
Colorado law.
ARTICLE XIV.
SUPERINTENDENT/DITCHWALKER
A superintendent/ditchwalker shall be hired by the Board of Directors. Said
superintendent/ditchwalker shall direct and control all labor and business pertaining the business
and operation of the system of the ditches and reservoir of the Corporation, subject to the
direction and control of the Board of Directors, who shall have the direct management of the
V/ater System of the Corporation. The superintendenVditchwalker shall divide the water from
the ditches to all persons entitled to receive the same according to the rules and regulations of the
Corporation as certified to him from time to time by the Secretary of the Corporation. The
superintendent/ditchwalker shall discharge all such other duties as may be from time to time
prescribed by the Board of Directors, and shall make correct returns to the Board of all persons
hired and employed, with a statement of the wages, at such stated periods as may be prescribed
by the rules of the Corporation or requested by the Board.
ARTICLE XV.
COMPENSATION
Board members, the secretary, treasurer and the superintendent/ditchwalker shall receive
such compensation for their services as the Board of Directors shall determine.
ARTICLE XVI.
DELIVERY OF WATER
A. Persons Entitled to \ilater. Each share of stock shall entitle the holder to receive
water from the Corporation under such rules and regulations as the Board of Directors may
prescribe; provided, however, that water may be delivered to third persons for use on lands
normally irrigated by the Corporation's water upon written order of the holders of stock under
such rules and regulations as may be made by said Board.
B. Operation of \ilater System. The Corporation intends to use its best efforts to
operate the Water System in such a manner that the shareholders will receive and be entitled to
use water consistently with that they received and used under the historical operation of the
system before the consolidation of MHIC and Mountain Meadow. The owners of Class A
capital stock shall remain the beneficial owners and users of the water rights historically
associated with Mountain Meadow (the Mountain Meadow Ditch on Cattle Creek), and the
owner of Class B capital stock shall remain the beneficial owners and users of the water rights
historically associated with MHIC (Spring Park Reservoir and the associated fill right, and
Landis Canal). The Corporation may adopt such rules and regulations as may be helpful or
necessary to provide for an aid in the administration of the 'Water System and distribution of
water to the Class A and Class B shareholders.
C. Future Transfer of Water and Subdivision of Lands. In the event a
shareholder subdivides or conveys to a third party less than all of hislher/its property that is
served by the Vy'ater System, the water rights and Corporation shares associated therewith must
be conveyed to a homeowners' association and cannot be split or divided among the resulting
parcels or lots.
D. Completed Transfer of \ilater. The Corporation intends to use its best efforts to
operate the 'Water System in a manner consistent with its historic operation, including
implementation or administration of any prior change and/or augmentation decrees involving the
'Water System. Holders of shares associated with or dedicated to any change and/or
augmentation decrees shall continue to be responsible for their pro rata share of the assessments
to operate, maintain, improve, and administer the system (see, e.g., Article VII). The
Corporation may adopt such rules and regulations as may be helpful or necessary to provide for
and aid in the administration of the Vy'ater System with respect to such changes or transfers.
E. Operation of the \ilater System. The Board of Directors may adopt such rules
and regulations as may be helpful or necessary to provide for and aid in the administration of the
Water System and distribution of water to the shareholders.
F. Water May Be Leased. 'Water may be leased and delivered to third persons for
use on lands normally irrigated by the Corporation's water upon written notice to the Board by
the holders of the stock. Such notice shall be given to the Corporation at its principal place of
business and shall include a complete description of where the leased water will be delivered and
used. Prior written consent of the Board is required before the leased water will be delivered to
the lessee. If modifications to the Water System structure and/or changes to the administration
of the rüy'ater System are deemed necessary, in the discretion of the Board of Directors, in order
to accommodate such lease (hereinafter "modifications andlor changes"), the lessee shall: (1)
submit detailed plans for the proposed ditch modifications and/or changes necessary to
accommodate such lease to the Board and request approval for the modifications and/or changes;
(2) reimburse the reasonable costs incurred by the Corporation, up to a total maximum payment
of $5000.00, for legal and engineering analysis which the Corporation determines is necessary to
evaluate the effect of the proposed ditch modifications and/or changes on the 'Water System, the
water rights associated with the Vy'ater System, the Corporation or other shareholders; (3) leave a
sufficient share of water in the \ùy'ater System to cover ditch losses associated with the lease
modifications and/or changes; and (4) perform the V/ater System modihcations and/or changes at
the lessee's sole cost and expense. The said maximum payment of $5000.00 shall be adjusted
every five years in accordance with the formula described in Article VI.H.5 hereof.
The Corporation may condition consent to the lease upon the lessee's compliance with
limitations or conditions deemed reasonably necessary by the Corporation to protect the Water
System, the water rights associated with the Water System, the Corporation or other
shareholders.
G. Payment of Corporation's Attorneys' fees and costs. In the event any
shareholder of the Corporation files, or allows a third party to file or participates with a third
party directly or indirectly in such filing, an application in the District Court in and for Water
Division No. 5, or any other court of competent jurisdiction, to change any of the Corporation's
water rights in contravention of Amended and Restated Article VI.D. of the Articles of
Incorporation of the Corporation, adopted on March 16,2011, said shareholder shall pay any and
all attorneys' fees and costs incurred by the Corporation in objecting to said application.
ARTICLE XVII
ASSETS
A. Ownership of Assets. The \ù/ater System and all water rights and appurtenances
thereto, and all other property and assets of the Corporation, including without limitation the
reservoirs and ditches specifically described herein, shall constitute the assets of the Corporation
and not of the shareholders, and the shareholders shall have no right to the partition of such
assets.
ARTICLE XVIII.
CORPORATE SEAL
The design of the corporate seal shall be in the usual form, containing the words,
"Missouri Heights-Mountain Meadow Irrigation Company" and the word "Colorado" around the
margin of the circle, with the word "Seal" in the middle thereof. Said seal is to be kept with the
record books to be maintained by the Secretary.
ARTICLE XIX
AMENDMENTS
A. Bylaws. Except as otherwise provided herein, the Board of Directors shall have
the power to alter, amend or repeal the Bylaws of the Corporation as provided in the Articles of
Incorporation. These Bylaws may also be amended or repealed by the affirmative vote of the
owners of a majority of the shares of stock of the Corporation.
B. Articles of Incorporation. Amendments to the Articles of Incorporation shall
only be by the affirmative vote of seventy-five percent (75%) of the outstanding shares at any
meeting called for the purpose of amending the Articles of Incorporation.
fThis space intentionally left blank]
CERTIFICATE
I, Andrea Traul, the Secretary of the MISSOURI HEIGHTS-MOUNTAIN MEADOW
IRzuGATION COMPANY, do hereby certiff that the above and foregoing is a true, correct and
complete copy of the Amended and Restated Bylaws and the Operating Rules and Regulations of
the MISSOURI HEIGHTS-MOUNTAIN MEADOV/ IRRIGATION COMPANY as of the
day of January,2019.
Andrea Traul
Secretary
AMENDEDAND RESTATEI)
ARTICLES OF INCORPORATION
AMENDED AND RESTATED
ARTICLES OF INCORPORATION
OF
MIS SOURI HETGHTS-MOUNTAIN MEADOW
IRRIGATION COMPANY
(A Colorado Nonprofit Corporation)
Under the Colorado Nonprofit Corporation Act and Article 42 of Chapter 7, Colorado
Revised Statutes, as alnended, pertaining to ditch and reservoir conlpanies, this Corporation is
formed due to the consolidation of the Missouri Heights Irrigation Company, a Colorado
corporation, ("MHIC") and the Mountain Meadow Ditch and lrrigation Company, a Colorado
corporation, ("Mountain Meadow") pursuant to C.R.S. 7-42-110, as amended. A Certificate of
Consolidation has been filed with the Colorado Secretary of State, and will be recorded in the offices
of the Clerk and Recorder of both Garfield County and Eagle County.
ARTICLE I
NAME
The name of the Corporation is MISSOURI HEIGHTS - MOUNTAIN MEADOW
IRRIGATION COMPANY.
ARTICLE II
PERIOD OF DURATION
The Corporation shall have perpetual existence.
ARTICLE III
MEMBERS
The Corporation shall have members.
ARTICLE IV
PURPOSES AND POWERS
A. Purposes. The purposes for which the Corporation is organized are as follows
I . To take all steps necessary to legalize, adjudicate and/or protect a water supply for
the Corporation's shareholders in accordance with the decrees for the Water System and the Articles
and Bylaws of the Corporation.
2. To own, hold title to, operate and maintain the Corporation's water system
(hereinafter "Water System") which includes, but not exclusively, the following water rights which
are used for irrigation, domestic, stockwater and other beneficial purposes:
a. 13.0 c.f.s. direct flow irrigation water right in the Mountain Meadow
Ditch on Cattle Creek, decreed in Case No. I145, District Court, Garfield County, with an
adjudication date of August l, 1905, and an appropriation date of May 31, 1902. The right
Articles of Incorporation
M i s s our i H e i ght s - Mount ain Me adow Ir r i gation C o.
was originally decreed for 25.6 c.f.s. but 12.6 c.f.s. was subsequently abandoned in Case No
422O, District Court, Garfield County.
b. Spring Park Reservoir, decreed in Case No. 1997 for 2843 acre feet
for irrigation use. Said reservoir can fill and refill under a 40 c.f.s. water right in Mountain
Meadow Ditch as decreed in Case No. 1997, with an adjudication date of September 27,
1918, and an appropriation date of December 28, l9ll.
c. Landis Canal, decreed in Civil Action No. 4613, Garfield County
District Court. The canal was decreed for 130 c.f.s., with an appropriation date of Jluly 29,
7957. In Case No. 79CW333, a portion of the Landis Canal was changed to the headgate of
the Mountain Meadow Ditch. In Case No. 81CW252, 47 c.f.s. was made absolute. On
November 21, 1979, Basalt Water Conservancy District and MHIC entered into an
agreement whereby the District would provide the use of its Landis Canal decree up to and
including a direct flow rate of 47 c.f.s. by MHIC at the headgate of the Mountain Meadow
Ditch.
d. All appurtenances to the said water rights, including, but not
exclusively, hcadgates, pumps, dams, piping and distribution systems.
e. All easements (whether arising by statute, express grant, implication or
prescription) related to the Water System, including, but without limitation, all easements for
the diversion, storage, carriage and delivery of water to the Company's shareholders.
3. To use its best efforts to operate the Water System in such a manner that the
shareholders will receive and be entitled to use water consistently with what they received and used
under the historical operation of the system before the consolidation of MHIC and Mountain
Meadow, and to adopt such rules and regulations as may be helpful or necessary to provide for the
administration of the Water System and distribution of water to the shareholders.
4. To construct, operate, maintain, repair and enlarge the Water System; and to
utilize any available administrative and/or legal procedures to change the water rights associated
with the Water System.
5. To engage generally in the business of transporting water from the Water
System to the Corporation's shareholders for irrigation, domestic, stockwater and other beneficial
purposes.
6. To contract with and borrow money from the United States of America; any
federal agency, entity or corporation; any public or private corporation; the State of Colorado, or any
agency of the State of Colorado; any individual; or, without limitation, from any other source; and,
without limitation, to execute bonds, notes and other evidences of indebtedness and secure the same by
mortgages, deeds of trust or instruments constituting a lien upon all or any part of the Corporation's
real or personal property.
7. To acquire by purchase, lease, contract, assignment, exchange, appropriation or
otherwise water and water rights, rights-ofway, easements, use permits, franchises, privileges, priorities,
irrigation works, appliances, equipment and machinery, and other real property and personal propefty
and interests therein; and to sell, lease, mortgage, encumber, assign, pledge or otherwise convey or
dispose ofany part or all ofsuch propefty.
Articles of Incorporation
Missouri Heights-Mountain Meadow lrrigation Co.
8. To do or perform any act or thing permitted or authorized by the provisions of
the Colorado Nonprofit Corporation Act, Articles 121 to 137 of Title 7, as the same may be amended,
and the provisions of Article 42 of Title 7, Colorado Revised Statutes, as the same may be amended, and
not prohibited by these Articles of Incorporation.
B. Powers. The Corporation shall have and may exercise all of the rights, powers and
privileges now orhereafter conferred upon nonprofit corporations organized under the laws of the State
of Colorado. The Corporation shall have and may exercise all powers necessary or convenient to effect
any of the purposes for which the Corporation is organized.
C. User Fees. The Corporation is organized exclusively for the purposes above set forth,
whereby at least eighty-five percent (85%) of its income shall be derived from user fees assessed to the
shareholders for the sole purpose of meeting the expenses and losses of the Corporation in full
compliance with the applicable requirements of Section 501 of the Internal Revenue Code, as
amended.
ARTICLE V
NONPROFIT STATUS
A. Net Earnings. No part of the income or net earnings of the Corporation shall inure to
the benefit or be distributable to any shareholder, director or officer of the Corporation or any other
corporation or private individual; however, reasonable compensation may be paid for services actually
rendered to or for the Corporation and any officer, director, agent or employee or any other person or
corporation may be reimbursed for expenses advanced or incurred for the Corporation's benefit upon
authorization of the Board of Directors. No shareholder, director or officer of the Corporation, nor
any other corporation or private individual, shall be entitled to share in anydistribution of any of the
corporate assets upon dissolution of the Corporation or otherwise except as hereinafter expressly set
forth.
B. Prohibited Äctivities. No substantial part of the activities of the Corporation shall
consist of carrying on lobbying activities, propaganda campaigns or other activities designed to
influence legislation. The Corporation shall not participate or intervene in any political campaign
on behalf of any candidate for public office.
C. Dissolution. In the event of the dissolution of the Corporation, the assets of the
Corporation shall be distributed to all shareholders and all lienholders as their interest may appear
as provided by Colorado law then in effect. The proceedings for dissolution shall be conducted in
accordance with Article 134, Title 7 of the Colorado Revised Statutes, as the same may be amended.
D. Prohibited Income. Notwithstanding any other provision hereof, this Corporation
shall not conduct or caffy on any activities nor permit or receive any income which is prohibited
under the applicable provisions of Section 501 of the Internal Revenue Code as amended.
ARTICLEVI
SHAREHOLDERS
A. Authorized Shares. There shall be ten thousand (10,000) shares of authorized
capital stock, and the ownership thereof shall entitle the holder(s) to a proportional share of water
made available by the Corporation's operation of the Water System, as provided in the Bylaws and
any rules and regulations adopted by the Corporation. Based upon the analysis conducted by
Resource Engineering, Inc., asmemorialized in aDecember 15, l998report to Balcomb & Green,
Art ic le s of Inc orp orat io n
M i s s our i He i ght s - Mount ain Me adow lrrigat io n C o.
P.C.,32.6yo of the shares will be designated Class A shares and be made available to shareholders
in Mountain Meadow; 67 .4y. of the shares will be designated Class B shares and be made available
to shareholders in MHIC. Thus, of the 10,000 authorized shares in this consolidated Corporation,
3,26O will be issued to the pre-consolidation shareholders of Mountain Meadiw, and 6,740 will be
issued to pre-consolidation shareholders of MHIC.
B. Voting of Shares. Each share of stock (both Class A and Class B) issued by the
Corporation and fully paid as to assessments shall have the right to one (l) vote at any
shareholder's meeting. Cumulative voting in the election of directors shall be in effect.
C. Election of Directors. Directors of the Corporation shall be elected by a majority
vote of the shareholders.
D. Changes of Corporation Water Rights. It is the express intent of the Corporation that
its water rights remain decreed for their originally decreed purposes and used on the lands on which they
have historically been used. The Corporation disfavors and discourages changes of the Corporation's
water rights and transfers of shares away from the property which they have historically served, whether
the transfer is to properly inside or outside of the Corporation's Water System. Such changes and
transfers will only be allowed when made in accordance with the requirements and restrictions stated in
the Corporation's bylaws as they may be amended from time to time. However, nothing herein shall be
deemed to affect changes to any of the Corporation's water rights that were approved by final judicial
decree prior to the date of the adoption of this amended Article VI.D.
ARTICLE VII
ASSESSMENTS
A. The Corporation shall have the power to make assessments on its capital stock, to be
levied as set out in the Bylaws hereinafter provided for, which assessments shall be payable in
money. Assessments may be levied for any corporate purpose described in these Articles or in the
Bylaws of the Corporation.
B. In the event any shareholder fails to pay any assessment on his stock, this Corporation shall
have the power to pursue any remedy described in the Bylaws or allowed under Colorado law, including
without limitation, to withdraw or terminate the delivery of water to the shareholder until such
assessnlent is paid; or, in addition thereto, or in lieu thereof, to file a lien against the property associated
with the delinquent shareholder's stock or any number of shares of said stock; or in addition thereto,
or in lieu thereof, to commence a civil action against such delinquent shareholder to recover the amount
of any assessment which may remain unpaid, together with interest, court costs and reasonable
attorney's fees; or in addition thereto, or in lieu thereof, to declare a forfeiture or sale of the delinquent
shareholder's stock or any number of shares of said stock. The Corporation shall be entitled to recover
from a delinquent shareholder all its attorney's fees and other costs incurred to recover unpaid
assessments.
ARTICLE VIII
BYLAWS
The initial bylaws of the Corporation shall be adopted by the Board of Directors. The Board of
Directors shall have the power to add to, amend or repeal any of the Bylaws of the Corporation, provided
that notice of the proposal to add to, amend or repeal any of said Bylaws shall be included in the notice of
the meeting of the Board of Directors at which such action is proposed to be taken. Such notice must also
Art icles of Incorporation
M i s s our i He i g ht s - Mount ain Me adow lrr igat io n C o.
be provided to all shareholders not less than seven (7) days prior to the said meeting of the Board of
Directors. Any such action of the Board of Directors may be suspended by the owners of not less than
ten percent (10%) of the outstanding shares by written notice within thirty (30) days subsequent to the
giving of notice of such action by the Board of Directors. The addition, amendment or repeal of said
Bylaws shall nonetheless become effective unless prior to ninety (90) days after the service of written
notice of objection, the shareholders shall have met and by majority vote rejected the proposed addition,
amendment or repeal of said Bylaws. The Bylaws may also be amended or repealed by the affirmative
vote of the owners of a majority of the shares of stock of the Corporation.
ARTICLE IX
INITTAL REGISTERED OFFICE AND AGENT
The address of the initial registered office of the Corporation and the name of the initial
registered agent at that address:
Lori J.M. Satterfield
Balcomb & Green, P.C.
818 Colorado Avenue
P.O. Drawer 790
Glenwood Springs, CO 81602
ARTICLE X
INITIAL PRINCIPAL OFFICE
The address of the initial principal office of the Corporation is 818 Colorado Avenue, P.O
Drawer 790, Glenwood Springs, Colorado 81602.
ARTICLE XI
INITIAL DIRECTORS
A. Number of l)irectors. The number of directors of the Corporation shall be at least
three (3) and no more than five (5), with the number thereof being determined by the Bylaws of the
Corporation from time to tilne amended by the Board of Directors. The initial Board of Directors of the
Corporation shall consist of five (5) directors.
B. Initial Directors. The names and addresses of the persons who served as the initial
directors and until their successor or successors are elected and qualified are:
William H. McElnea 6059 Counfy Road 100
Carbondale, CO 81623
Jake Stoner 5600 County Road 100
Carbondale, CO 81623
J. Richard Hunt 14013 Hwy.82
Carbondale, CO 81623
Sirous Saghatoleslami P.O. Box 8080
Aspen, CO 81612
P.O. Box 28950
El Jebel, CO 81628
Ruth Scarrow
Articles of Incorporation
M i s s our i H e i ght s - Mount ain Meadow lrr i gat io n C o.
C. Increase or Decrease of Directors. Commencing with the election of the Board of
Directors by the shareholders of the Corporation, the number of directors may be increased or
decreased by the adoption of an amendment to the Bylaws, but no decrease shall have the effect of
shortening the term of any incumbent director.
ARTICLE XII
INDEMNIFICATION OF OFFTCERS AND DIRECTORS
The Corporation shall indemniff its officers and directors to the full extent permitted by
Colorado law.
ARTICLE XIII
LIMITATION OF LIABILITY
A. Breach of Fiduciary Duty. The personal liability of a director to the Corporation
or its shareholders for monetary damages for breach of fiduciary duty as a director is limited to the
full extent provided by Colorado law.
B. Obligations of Corporation. The directors, officers, employees and shareholders
of the Corporation shall not, as such, be liable on its obligations.
C. Wanton and Wiltful Acts. Directors shall not be liable for actions taken or
omissions made in the performance of corporate duties except for wanton and willful acts or
omissions.
ARTICLE XIV
AMENDMENT OF ARTICLES
Amendments to these Articles of Incorporation shall only be by the affirmative vote of
seventy-five percent (75%) of the outstanding shares at any meeting called for the purpose of
amending these All icles.
ARTICLE XV
INCORPORATORS
The names and addresses of the original incorporators:
Mountain Meadow Ditch and Irrigation Company
P.O. Box 8080
Aspen, CO 81612
Missouri Heights Irrigation Company
14913 Hwy. 82
Carbondale, CO 81623
Lori J. M. Satterfield Balcomb & Green, P.C
P.O. Drawer 790
Glenwood Springs, CO 81602.
, Artícles of Incorporation
Missour i He ights -Mountain Meadow lrrigation Co.
CERTIFICATE
By my signature below, I certiff that the foregoing is a true and correct current copy of the Articles of
Incorporation of the Missouri Heights-Mountain Meadow Irrigation Company as of the _ day of
January,2019.
Andrea Traul, Secretary
t¡rçt
- lrot-trJ (,
ï-rTEts:ö3
-Oó-o.ır-
-93--sg--olL-=+ff-ñ-If96E(Ð .
¡riö o
-¡=-$sI6i:rllrtlo
:)tr¡oof
-t-
--3
rÐo
-ll
d
Glenwood Springs, Colorado g16}2
(e70) e4s_226t
' KNOW ALL MEN BY TIÍESE PRESEÀ¡''TS
1. The Missouri Heighæ-Mounrain
{ea!ow_s lrrigation Company (_MHMMIC,)operates a water storage reservoir known as the spring rur[ ñ.r*rvoir and related direct-flowwater rights from Cattle Creek near El Jebel, Colårudã; uoJ
---
2' The MHMMIC owns prescriptive easements anüor rights of way for ditchesrunning to and from the spring Park Reservıir and ro, *uint"*nce of such ditches, includingthe Mountain Meadow Ditctl which supplies water to the reservoir from cattle creek, the outletDitch leading from the reservoir to otnãi ¿itctres, and lateral ditches known as the Fender lateral,the Highline lateral, and the Middle lateral, all as depictea on n" map included in ..Exhibit
1,,attached hereto and described as foilows:
Generally located in the SW/¿ SW/¿, Secrion l; SE Vt SEy+,Section Z, SEy4 SE l/¡ Section 10, NE /¡ NW i¿¡ ,oO SW yo , Section11; NW/¿ NW/r, Section 12; NWI¿¿ NlV/+, S*"rioo 14, SEI+,section 16, EVz, section 21; section zz; så.iion 27 and. EVz,$ection 2g all in Township 7.South, Range g7 West, 6th p.M.,
Eagre county, cororado an¿ in thewvz,ıection 16, section 17,section 20, wv2, section 2r, wvz section es una section 2g a[in Township_7 Sguth, Range g? West, 6rh p.M. in Garfield andEagle Counties, Colorado;
and
4' The MHMMIC has adopted certain Rules and Regulations regarding requiredplans and specifications for bridger,
"uiuartr,
utility lines, fences and other structures in, over,, and crossing the MHMMIC's ditches and easements; and
5' The Rules and Regulations prohibit bridges and ditch crossings not approved andinstalled in compliance with l¿ltprmc specification-culverts and utility lines and facilitiescrossing not approved and installed in compliance with MHMMIC specifications; and
ó' The MHMMIC has further adopted Rules and Regulations regarding anystructures within its easements and tights of_way which provide, among other things, that allsuch structures must be approved in writing bv tn" vutr,ilvttc and musr not inrerfere with theMHMMIC'S access, operation, maintenante, repair or replacement activities regarding sucheasements and rights of way; and
TEAVENS¡OHEI&KANP,PC. U{
r¡(
l0ll GnudAveire
F.O. Drar¡mãIþ
Glenwood S¡ringsrCþ El6û2
¡=-.
-Ë3
-5-ul=:ð ir
=iË--ö8¡¡o .
-öa
=-SqIfirt
-r5rc!oo'
=ËJ
8' Any bridge, culvert, utility line or other structure not complying with theMHMMIC's Rules and Regulations rnay be removed by the MHMMIC at the propertSr owners,expense; and
9' The properly owner may be held liable to the MHMMIC, irs customers orshareholders, or to injured third parties, for f¿ilure to .o*pry *ith the Rules and Regulations,for failure to maintain any structures on the property within it , n¿uutr,tlC,s easement! or rigntsof way' and for any interference with the rr,rHurutó',
""rr*"ot. oq 4ghrs of way. The propeny
i.iïff"ntial liabilit-v includes but is not limited to afl of the MltMt'ttc', "*,, unã aftorney
10' A copy of the Rules and Regulations existing as of the date of this notice isattached hereto as "Exhibit r " and is incorporated by refereice herein.
l1' This document shall be recorded with the Clerk and Recorder of Garfield andEagle Counties,
DATED this,43 day of /¿ ,; o,s.;o _,ZOO1.
MISSOURI HEIGHTS-MOUNTAIN
MEADO\ryS IRRIGATION COMPANY
By
STATE OF COLORADO
COUNTY Op &rfielc!
2001, by rú
Irrigation Company.
WITNESS my hand and official seal.
My Commission expires:
I : \ãX)1 \Clients\MHMMIC\DæuHrs\MH¡C_Ditch ndice. wÊ,Augwt 7, 2ül
ledged,and swo¡n to before me this 73 Aay o
)
)
)
ss.
President, Missouri Heighs-
t t-.æpof
-ã
,
MountaiíMeadows
rrltfky
:ßl5
-o
ctIÈ('r
-$3-sg=:ÉrL
=*EIÉ
rc!o
-8.
-Oô-{s
-o--G¡fl
-(9GFo-
=Ër
-
¡t arD
MISSOtru ffiIGIITSLMOIJNTAIN MEAIX)WS IRRIGATION COMpAÌ\ry
L
REQI]TRED PLANS AND SPECIFICATIONS
FOR CULVERTS, UTILITIES, AND STRUCTITRES
IN OR NEAR COMPANY DITCHES
A. Scope and Applicability. This Part I shall apply to any culvert, utility line or
facility or other structure that crosses, encroaches upon, or is located in or over ditches and/or
maintenance and açcess easements of the \{issouri Heights-Mountain Meadows Irrigation
Company ("Company') including the Mountain Meadow Ditch, the Outlet Ditch, the Fender
Lateral, the Highline Lateral, and the Middle Lateral as shown on the attached Exhibit A
(hereinafter the *MHMMIC ditches").
B. Propertv Owner llefined, For purposes of this Part I, a "property owner" shall
mean the owner of real property on which any bridge, culvert, utilify line or facility or other
structure subject to this Rule and Regulation is located. [n cases where the MHMMIC holds fee
title to the ditch itself, then "property owner" shall mean the owner of real properry that is
âppurtenant to the MHMMIC ditch at the location of the bridge, culvert, utility facility or other
structure.
C. Crossings Prohibited \ilithout Approlal.
1 Ditch Crossings lYitÞout Culverts ProhibiÍe¡!. All structures crossing
MHMMIC ditches shall utilize only Company-approved culverts
complying with this Rule and Regulation. Bridges and other structures
not utilizing culverts are prohibited.
Utilitv Crossines Prohibited Without Approval. All crossings of
MHMMIC ditches by utility lines and facilities are prohibited unless they
comply with the provisions of this Rule and Regulation.
Removal for Non-Compliance. Non-conforming bridges, structures,
utility lines and facilities may be removed by the Company without notice
at the property owner's expense.
2
3
1
r¡r
GloN
ao
I
2.
3
C¡
ttlHu-É,t
q
o
C¡
q
úlrt
G
ot
Mountain Meadow Ditch:
Design Flow =
Minimum Size :100 cfs
ll2" x 75" CMP arch
-rÌ
lf r{
rcl
-¡e
=F
IOICI
-o-p
-ifrË
Outlet Ditch:
Design Flow :
Minimum Siee =
45 cfs
83" x 57n CMP arch
o
t
Lateral Ditches (Fender, Middle, and Highline):
Design Flow = 15 cfs
Minimum Size = 57" x 38" CMP arch
All culverß shall have flared-end sections on the inlet and outlet ends, and culverts must
extend at least 6 feet from the shoulder of the fìll on each side. The gradient and the alignment
of thE culvert shall match the flowline of the existing ditch. Typical plans, profiles, and cross
sections with installation specifications for culverts are attached hereto as "Exhibit B. "
E. $pecifrcations for Utility Crossines. Any property owner's plan to place any
utility line or other facility within the MHMMIC diteh easement submitted as provided in
Subpart LG below shall provide for the burial of utility lines to a depth of at leasr 2 feet below
the existing grade of the ditch across the ditch easement, which depth may be increased in the
discretion of the Board of Directors based upon specific local conditions. The plan must provide
that the disruption within the ditch f¡om the installation of such utility line or facility will be
sealed across the ditch and for 50 feet in the ditch on either side of the work area with a
bentonite/clay mixnrre compacted into the impacted area, the mixture and compaction to be
approved by MHMMIC, Upon approval of such plan and application by the Board of Direcrors,
the properly o\ryner shall complete the installation consistent with the plan as approved, bearing
all responsibilþ therefor and scheduling the work with MHMMIC at such rimes when the work
will not disrupt or interfere with the delivery of water by MHMMIC. The property owner shall
secure the approval of MHMMIC of the completion of the work in accordance with its approved
plan within 10 days after the substantial completion of its work.
F. Propertv Owner's Additional Responsibilities end Liabiliti€s.
1 In connection with any installation and operation of improvements by a
property owner pursuant to this Part I, the property owner, for itself and
its heirs, successors, executors, administrators and assigns, shall assume
full responsibility for the maintenance and safety of such improvements,
and shall indemnify and hold harmless MHMMIC from any and all
I:Uml\clienrs\MHMMlc\Documnts\MHMMIC Rcg l-2001.wpd 2
--I
-EI
I
-I
2
o¡ cto-(,
ôlÊ¡OJ(la l¡¡
ólL
o-frrt ctC...o
G¡Oo.
G¡?l
Eêr86¡.cr It\çoOE
oot
!l ¡ÞFOoIlfi
Ufff*iUIC ditch within or associared with the iocation of the propefij
owner's work.
The property owner shall be responsible for all maintenance and repair of
the bridge, culvert, or stn¡cfl¡re. Such bridges, culverts, and structures
shall be maintained so as not to interfere with the flow of water through
the MHMMIC ditches or the MHMMIC's maintenance of the ditches.
This obligation on the part of the landowner includes the duty to keep such
strucures free and clear of trash or other debris. Any culvert, bridge,
utility line or facility, fencing or other strucnrre subject to this Rule and
Regulation that does cause interference with the MHMMIC ditches, or the
Company's maintenance thereof, may be removed, altered, or repaired by
the Company at the property owner's expense.
If any bridge, culvort, utility facility or structure zubject to this Part I
causes interference with the MHMMIC ditches, the delivery of water, or
the Company's mainten¿nce of the ditches or otherwise causes harm or
damage to the Company, its customers or shareholders, or to any third
party (whether due to the structure's design, installation, lack of proper
maintenance, or any other reason) the property owner shall be liable for
all such harm or damage. Should the Company be subjected to any claim,
demand, or litigation as a result of such harm or damage, the property
o\ryner shall be responsible to reimburse the Company for the amount of
any such claim, judgment, or settlement thereof, including the Company's
reasonable costs and attorney fees.
G. Written Approval of Plaqs. The property o'wiler shall apply for approval of
plans or specifications of any stnrcture subject to this Rule and Regulation. Such approval must
be obtained in writing and may consist of a standard form as approved by the Board of Directors
from time to time. All applicants shall pay an administrative fee of $250. Applicants should
send a letter describing the structure, copies of plans and specifications, a location map, and a
$250.00 check payable to the Missouri Heights-Mountain Meadow Irrigation Company to P.O.
Box 548, Carbondale, CO 81623 . A property owner may submit alternate plans or specifications
not conforming with those attached hereto. The applicant for approval of alternate plans and
specifications shall pay for the costs of review of any such proposed plans by the attorneys of
the Company and by an engineer of the Company's choosing. Approval by the Company
pursuant to this section shall not operate to relieve the applicant of potential liability to third
parties pursuant to Subpart [.F above, nor shall such approval be construed as a promise,
I:U{nl\Cl|eÍE\MHMMIC\Documcils\MHMMIC Rtg 1-?001.wpd
I
--
--
--
3
3
-'l
IGIrô
-G{-o
-t
Id
Id¡IG'
-o-{-€-lr¡
-o-oI:!IE
=C'1)
É¡
l¡¡H
þc(:¡
oq
o
C¡
o
G¡
rfirt
É,
ol
aÞo
¡o
n.
PROIIIBITION AGAINST INTERFERING
STRUCTTJRES AI\D ACTIVTTTES lrytTHIN EASEMENTS
AI.ÍD RIGHT$OF.\ryAY
A. Scope and Auulicability. This Part II shall apply to any bridge, structure,
fencing, or other improvement or actiyity of any type whatsoever within the Company's
easements or rights-of- way for operation, maintenance, repair and replacement of the
MI{MMIC ditches and the Spring Park Reservoir.
B. Eropertv Owner Defined. Forpurposes of this Part II, a "property owner' shall
mean the owner of real property subject to or appurtenant to the Company's easements and
rights of way for operation, maintenance, repair and replacement of the MHMMIC ditches and
the Spring Park Reservoir.
C- Prohibition AgqiSSt Interference. There shall be no fencing, structure,
improvement or activity within the Company's easements and rights of way that causes any
interference with the Company's operation, mainteûance, repair or replacement of MHMMIC
ditches or the Spring Park Reservoir. Any structure, improvement or activþ that does cause
such interference shall be removed or ceased immediately, and may be removed, halted, or
remedied by the Company without notice at the properl5r owner's expense.
D. FencÍn$. Any property owner desiring to locate any fencing or other permanent
or semi-permanent improvement or facility within the MHMMIC ditch easement must submit
a plan and application for approval by the MHMMIC Board of Directors consistent with the
provisions of Subpart I.G above. Such plan shall provide for the continued access by MHMMIC
within its eæement for the purposes of operation, maintenance, replacement and repair of the
MHMMIC ditch, including the use of heavy equipment, chemical or other spraying and mowing.
Such plan shall fr¡rther provide that no livestock shall be allowed within the ditch easement and
for the property owner's responsibility for any and all damage caused to the easement or third
parties by livestock or otherwise, Upon approval of such plan and application by the Board of
Directors, the property owner shall complete the plan as approved, bearing all responsibility
therefor and scheduling the work with MHMMIC at such times when the work will not disrupt
or interfere with MHMMIC's operations. The property owner shall secure the approval of
I;\z(nl\Clleöß\MHMMIC\DæltrrÌts\MHMMIC R€g l-200l.wpd 4
I¡ßlGrcN[ t*rlï¡o1uorìlG¡s![orvHÍuE'G¡Ur(ylu3s!ilsllæütErxlssrt¿.JX*lÉÈÞI ililt ililr ililil llil ilil| til ]ilt ililtil llll lltSårâ J Fi¡h.r Erstr, C0 469 R 4Ellr%!il|!|i?t'l,j!;l!!l.,{,+rilfl !,,t1 j',tt!,,
gCALE \l.T. S,
trt-ftRÉ-D EhLù
sEcT r 0N êl
Mr\l
TY PtcAL Dt Tct-{ C,ULV e R T
FoR RôAÞ c-Ê.€ s= rN 4
ÞRrvËwAYoR Ro¡c¡
UP.ST Rg\HBxrttq
-,.F,-ot^¿
Þ6,^JNS TR.g{|t,t
ÞAr.)\<
FLAPSO tNt SÊc.ltON
þrTcl-ì ÞCrî?ôM,
FLov\./
CF4P ARCF+ö/'t"15 e'-ta 5s,caioÐs
Pul.xl V\EW
N.t. s ,
trtirl . c¿vge. l'
P.airD 6l
T
P AR¿i.I
1ruilruilil1!illlflilillillïJ[llilll[l[!1"íi,?|,i'Ëi",,-
tHIt r,llr,lJl,lil
I
r tl !t'J ][!L'l' l_u !!Hlutu''ã-;;'ã ñ-ii.oo-o-o.oo annneu couurY c0
fRoF \ LÉ
N,T. r
EXIIIBIT B
Page I of2
SCALE N.T, S
TYPIG-A'L bI:TCH 4.ULVæ.7
Fae- Ro*Þ c,R
l|I'|lYru!.|#l-'l'jl,ilqil{!l¡'1"#l!,'[1r,r#r
Reb4û\, g -t ÕÎHârL
C t-àt+1feç¿
EA(,KFILL WIIH
ON. SITg SÔILS
(uo Ro.t<: ovÊt¿ z.. )
ÕE cLAsÉ G Rô¡oBûrs€,
t-t¡.uo C aMPA¿T ÊgLou./
hfr*ruc.ges TogPÈ¡NG,LlA'E
o
Fûor+ ÈArrK
Brc<Fruu nrq
se1 êt-ruvgral ¡*u==- âl AeuoW
Drrc$ tNuft¿T À
P;!lö osl t5Soo
Þ* o{o
t.ct :: Í
10 FI;t+ Àeo
o
.l
AÊoSSi-steTtoH
.Þ€DDtñcr 4 BAcËFu LL , ÞE7A\ L
N'T. S,
2
l.4tt*¡r MúA^ Ét+8, Spec r Fr<,4-[lôN[$':
Mouiú7nr$ l.,tEìôoW DtTcË{ ,
Ðsst(ex Fær J =, ìoo cFs' f{thttt'^uttl É\ÊE tt2nx-|SÌr
Ô-u1ue.r Þ\T ëFY , i
DeStax FtôN = ++ cF S
V\rpr Huli+ ÉL+Ê. €ètrc57;'
ó. LÀ-rEß.rlu.brrcHE.s (fie*.oenr rtrãD:r6 4 HtqHu NË-)
Pes16n¡ Fr¡u/ . tË cF-S
Mrrs t t.\\r}4 " Srzg .. " FZ" É 38. cpl,p ++.cR
EXHIBIT B
Page? of 2
<. 1.4f, AtècH
cplP À<RC.t+
-r^-=
_E
E:
---Q
-s-----3
-
E.:o
-=
-d-U-
-f-ä
-L
E-
-{-L-ú
' j[i!,ri j:'¡.¡,: ri_- rìa¡, i], ii.LH
F}^PACTH,Ëe¡¡¡¡¡¡îs
B wLLflclcF T H
ê }\L /d-t?æ.L.t LI$ttAx g F
. l2'l
h/t¡N ( r,ru i44vøe-
L
erze)
AßC<,F4p ¡+
u-sÉP€:c FIc'AT¡(see
N rlrrJRFo
Garfield County
STATEMENT OF AUTHORITY
Pursuant to C.R.S 538-30-172, the undersigned executes this Statement ofAut hority on behalf of
(corporation, limited
Iiability company, genera I partnership, registered limited bility pa rtnership, registered lim ited lia bility
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an individual, capable of holding title to real property (the "Entity"), and states as follows:
The name of the Entity is
and is formed under the laws of
mailing address for the E ntity is
The name and/or position of the person authorized to execute
otherwise affecting title to real property on behalf of the Entity
instruments conveyi encumbering, or
¡sÐrn lìrw-l .\.r)\nSôf\
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, insert "None")r ñ1n'nø
Other matters concerning the manner in which the Entity deals with any interest in real property are (¡f
no other matter, leave this section blank)
EXECUTED th¡s I day of lñ.nuo*.0.2o_eLù
Signature
Name (printed)
Title (if any):
STATE OF
)ss
COUNW OF
The foregoing instrument was acknowledged before me this day of , 20-bY , on behalf of , a
Witness my hand and officialseal.
My commission expires
Se¿ ^q$t"d-l
L2
lsEALl
(Date)(Notary Public)
Gaffield County
COUNTY ATTORNEY'S OFFICE
108 8th Street, Suite 219
Glenwood Springs, CO 81601
(970) 94s-9ts0
MEMO
Date: February 24,2015
ISSUE: Statement of authority versus letter of authorization
Statement of Authorit)¡
A statement of authority (SOA) is an instrument executed on behalf of an entity (i.e. limited
liability company, partnership or corporation) that identifies the name and nosition of the person
authorized to convey, encumber or otherwise affect real property on behalf of the entity. SOA is
recorded and meets the requirements of C.R.S. Section 38-30-172.
For a limited liability company, typically the SOA is executed and recorded to designate that the
manager can sign a warranty deed on behalf of the company. For a corporation, the President or
Vice-President will be granted this authority. A limited liability limited partnership will grant
this power to its general partner.
The SOA grants extensive power to the named party (usually an officer, manager or other high
ranking employee of the entity) to encumber real property owned by the entity.
Letter of Authorization
A letter of authorization grants authority to a third party to act on behalf of an entity. The agent
named in the SOA grants authority to a third party to fill out an application with Garfreld County
on behalf of the entity. A letter of authorization is not recorded.
The letter of authorization is very narrow and limited
Example:
Land Use, LLC executes and records the SOA to designate its manager, Ms. Manager, as the
person authorized to encumber real property on behalf of the LLC. The LLC hires a consultant
to apply for a re-zoning of the LLC's property. Ms. Manager needs to sign a letter authorizing
the third party consultant to act on behalf of the LLC with its application with Garfield County.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
County of Humboldt )
'l'0 before,", Hailey Del Grande, Notary Public
(insert name and title of the officer)
personally appeared mni¿t J.,ìoVtt,r(0"\
who proved to me on the basis of satisfactory evidence to be the person(sf whose name(sf s/are-
subscribed to the within instrument and acknowledged to me that he/s,H(trey executed thé same in
hislheçltheir authorized capacity(ioerX and that by hisihcr/tlreir signature(/on the instrument the
person@J, or the entity upon Oéfraf of which the person(/acted-, executðd the instrument.(/
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
HAILÊY DELGRANDE FI
fr
Ül
WITNESS my hand and officialseal o
É,
l¡¡
COMM.#23f,2757
NOTARY PUBLIC . CALIFORHI¡A
HUMBOLDT COUNTY
My Comm, ExPires 21,2023
Sign
F r*m: nüBERT GL.åH r"glah{Ê*fr rnrå}st. nÊ!
SuÞject: GornFlelEd $tetsn¡snt qf Å¡¡thrr*ly for you tü pr¡nt sut Ë¡üd tâkÊ tÊ
[¡lamkseh notery üo bs sþned ¡nd seãnned þa*k hefsrç Jan 4
desdline
Date; $sc ãs, Strt st'tû:t8l?ü Alr¡*
To: trhfth¡ Erako madpl¡otrl l#ru$,çürn
fisdE îlH t"ørnS
sfårEnñEffi g# åut]füilfTï
ìrr* r Êlå Nlltl¡¡åttr r¡ñËañ.iilf Fffi úrf f*frmf uallË!Ërt* o.t ùJrd ol
loÈFñÊ.r htnü¡fff s¡prr. ¡pfrd Fr¡r¡n¡*¡rThtr hãd rrltt Éilnrrlñ rtlbtr¡ l** ¡¡ilf*lth|!¡t¡;ú¡LlrÈá rcn¡l1f æU*:UfËüril*TFt- ¡ñr[{r{lifufl |lfçf #rrItrrffilli+*¡t .a trsbrlf lt büJ¡rffi}f Ër trfflãdír¡rü3fuñ:
tt¡ rñdrtü f*rbnJ¡ftmrúrrt{rn*er¡¡¿¡-
rïr ffi r{ir H¡lrd ltrrnrcn ¡rrg¡rtts rmå h.a'rm üil;lt!úl|nr|ffi*Ëoflffi rird¡ tå þ rn.ËÇü'üT ¡r ùåf C ür E$Þ h h.kÈ-.
Ërfnl*rrfngr¡¡i¡ff C ñltlrnn lnd *nlrc hnqürpr*úurtd¡hr
!e h¡g¡ ¡rüt ¡r l¡ it¡r'¡Ë æHËun rrfi tnt'l(h
ülrr*r *n¡*;lf ||* nII' h rf¡lú ¡tr EË ¡dr df¡rr Hr5å nd rarrt rr{tf¡dr¡çrÉr"lrütl*æEt
r=rafiËfrt fr **p*aç, : !+¡r
qF*m
ltñr{f¡¡¡¡d}ryrËld,ñ!llr
TiTHflÈ¡üI Ð fdnil{rürd lrk¡r :r, rillhlú.101
lll{ûtrülol*|lfïrt
¡:r¡ntr fult#n ¡o,
mrm* #¡,t':Ed
&** Tår"'*.,ht ¡ûs#
ilr.rl
Fnl Êalr¡
g¡uForH n lçñrqün;Þt*till c¡r,/n, c*ÞE l lttt
å nüT g,ô* ff ffirn #!rrË m!lr¡{*rl Írå cr¡ftcrU ilrttrr oñtf üTt 6rrc¡t.*ir il*ided råo rtr'alt tr?*doñtllft
¡o ¡r*,¡rn ¡rr t.ri¡fiSr h fit¡Ër,4 *-* nqt ûr+ fr¡tt nr¡û. Étxr'rt, ûr l'l*lff Ûf Ullt ü0c¡tttlt
S{¡tç ¡{
Ëolræf û{
m
FlrfÊ!!¡lf rpÍ}flüld
l
ç" lÏ{rÆrgm* büfÞle rãr.*
t{Ë? frç4üf t&ñneon¡ fnr ajñrt----
fȡrfi'cr
r¡üo frqnfçg¡q rçr çrl Sç Þ*re tf *rü*fi*o*¡ rv{d¡nÊ* sı bû ltlË pÉr:üt$} tfiot* r*r$ü} Ë¡frË råùldreçd
*çtlrtr,'tlgl kr¡&l¡rîrr* ü.¡¡|ürtItñ,¡ad$Édtt tmür¡th{¡tr|Ë*Ël+t tn$Ëcrt¡trs ¡¡r*a }n tJr¡hctltfi*}
r*hod'.d trp|4tt{ta|l *|Tl ftrt ay lült*rærrf d¡nraffül m Ürr,ffilåwl¡t Fç pr¡¡ørdrl. ff üÉ fitry
uærr bctrClûf {Èfetunrpl{I{f*li¡r{lü4 ffi*Êrt ¡I¡a hcfrr'}lçfß
9û{r¡., ¡ffirl
3¡-rÍLta "(Ûr¡*r.ùç¡¡çrr¿¡ry
dr.A!{4r t tl{a:lf ¡
I r¡*ttlf ¡ndtr PEt{åtTT ef FfR.n¡ff unüorUl;
håll dr'lr5rst Õl ç*lofiÐ tÌ*ü¡çfutsÐclßfl
p¡¡f¡g¡ffh l¡ tsr¡f fnd C,grrcct
SåThC"# nry lilnúfnd p{lldd tGf¡-
rt (f ' t.¡¡.rl e! lt,lût¡
$gr*uil
fu6" rla!ÉFf $6drtúæ SmF¡tü,ç ff ñúorryfiSfiË
€rfl€fl¡¡'
f€r#[þF Htb &¡lbmsdor¡ Ësr dttrff eËrsüsrl lrL Éoçr#lroú,tf ûf
¡foudr*æ rÊ{tttoúfrrtÈÈrt ûa ürÈ &ñri üô ûn trlfflq{dd ügçffir,ñÉ,
Þrærlprlon d ånrchüt
Tltir or T!çr üf ÐoÈtrn*af
Bçq¡tcqtrlç;Hwlbffa'Fülçr f
$¡trkrtrl ttxr frÐn Hg*rd å&ort:tqJl¿
f¿prctqfilrcl {Ir|n {t âIgnr{rl
F¡g¡r¡,:
r#r{¡}:ü fÆFÊl'ütg Milr-g Liltut{t¡dg Tü¡Saa
E 6{rËril
Ë¡lltüffrsr ¡ìf#t
r{sr€ñTf¡sr
Ê fr$ff1 C 0ür;f;
Slgnor h ftrytlr*un$- S¡lr'tort ßiF.üNrrltç
ûælN ilÉçlTd tl{Ërry å¡|€C#ort
g FüúHrÇr- g !¡l''thÊd g€tçtrtl
$ lFrß¡dr¡¡l o AtrnÌr¡ly n Fc{t
dÏnr¡r O &¡rrFt *rËdfnrclil#
Martha Minhor Drake TFust
William F. Drake Jr- Trust
Martha Minhor Drake Tlustee
PO Box 1597
Carbondale, CO 81623
Garfreld County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Danco Supportive Services dba Momenta Recovery- Parcel
ID #: 239119300046
Dear Sir/fvfadam:
The undersigned, Martha Mínhor Drake, is the tmstee and
authorized agent of ttre Martha Minhor Drake Trust and'\I/illiam
F. Drake Jr. Trust, o\Mlrers of tlre above-referenced real properly.
Please accept this letter as authorization for Danco Supportive
Services dba Momenta Recovery to represent the Martha
Minhor Drake Trust and ltrilliam F. Drake Jr. Trust in
connection with a Land Use Application for a Group Home'
Martha Minhor Drake Trust
V/illiam F. Drake Jr. Trust
By:
Martha Minhor Drake Trustee
Name of Mailing Addresses within 200 feet of Property
CRYSTAL SPRINGS LAKE RANCH LLC
I TOO COUNTY ROAD I 03 CARBONDALE, CO 8I ó23
LASSITER, DOUGLAS & JENNIFER S
5333 COUNTY ROAD I OO CARBONDALE, CO 8I ó23
HALLIDAY, JAY F & ANN M
57é3 COUNTY ROAD IOO CARBONDALE, CO 81623-8864
MCELNEA QTIP TRUST
ó059 COUNTY ROAD ] OO CARBONDALE, CO 8I623
CERISE, CASSIE C
I234 COUNTY ROAD 105 CARBONDALE, CO 81623f,822
Cotorado Department of Pubtic Heatth and Environment
Laboratory S¡rvlco¡ DMslon
8100 Lowry Blvd. Denver, CO 80230
Phone: 303-692-3090 Fu: 303-344-9989
Analysls RcPort
Chain of Gustody #Work Order #:1274669 (Well Water Ghemical Testing)
Description:
G|ient: PINNACLE WATER
Profile: Well Water Ghemical Testing
Sampled By: ROBERT DONNELLY
Sample Summary
Lab lD Sample lD Sample Type Test Method
Report To:ROBERT DONNELLY
PINNACLE WATER
1107 HENDRICK DRIVE
UNITA
Carbondale, CO 81623
rdonnelly@pinnaclewater.com
Date
Gollected
Date
Received
Analytes
Reported
2100429158
2100429158
2100429158
2100429158
2100429158
2100429158
2100429158
2100429158
2100429158
2100429158
2100429158
D 3739-83
EPA 160.1
5PA200.7
EPA 200.8
EPA 300.0
EPA 353.2
NA
SM 2320 B
SM 25108
SM 4500-H+B
Total Coliform and E. coli
P/A
10:15
10:15
10:1 5
10:15
10:15
10:15
10:15
10:15
10:15
10:15
10:15
09:59
09:59
09:59
09:59
09:59
09:59
09:59
09:59
09:59
09:59
09:59
048-07
048-07
048-07
048-07
048-07
048-07
048-07
048-07
048-07
048-07
048-07
Water
Water
Water
Water
Water
Water
Water
Water
Water
Water
Water
02t16t21
02t16t21
02t16t21
02t16t21
02t16t21
02t16t21
02t16t21
02t16t21
02t16121
02t16t21
02t16t21
02t17t21
02t17t21
02t't7t21
02t17t21
o2t17t21
02t17t21
02t17t21
02t17t21
02t17t2'l
02t17t21
02t17t21
1
1
I
4
3
1
1
1
1
1
2
Ë ïrava
Scientific Director
Note: The samples were tested as rece¡ved from the customer and
the results in this report relate only to the samples tested.
Friday, March 05,2021 '11:44:144M Page I of4
MRL = Minimum Reporting Limit; BDL = Below Detection Limit; * = Comment applied
MCL = Maximum Contaminant Limit per EPA regulations;
mg/L - milligrams per liter (ppm); uglL micl-:ograms per liter (ppb); pCi - picoCuries
Report lD: 1274669 - 13206878
HORIZON'
3004.7.0.0
Cotorado Department of Pubtic Heatth and Environment
Laboratory S¡rvlcc¡ DM¡lon
8100 Lowry Blvd. Denver, CO 80230
Phone: 303-692-3090 Fü; 303-344-9989
Analysls RcPort
Ghain of Gustody #:Work Order #:1274669 (Well Water Chemical Testing)
Sample Results
Lab lD: 21004291 58 Sample lD: 048-07
DateCollected:2116120211O:15 CollectionSite:
DateReceived:21'1712021O9:.59 SiteDescription:
Descfipt¡onr DANCO GROUP 5325 CR 100 CARBONDALE CO 81623 KITCHEN WELL
Sample Type: Water
EPA 92238 (Total Coliform and E' coli P/A)
Parameter Results Units MRL MCL DF Prepared Analyzed Qual
COLIFORM P/A
E. COLI P/A
ABSENT
ABSENT
2t1812021 14'.44
211812021 14:44
ICP-MS Tolal Wdter Metals (EPA 200.8)
Parameter Results Un¡ts MRL MCL DF Prepared Analyzed Qual
Lead
Arsen¡c
Cadmium
Uranium
0.00123
0.00'127
<0.001
0.0226
mg/L
mg/L
mg/L
mg/L
0.001
0.001
0.001
0.001
0.015
0.01
0.005
0.03
1O,'20
10:20
10''20
10:20
212612O21 1'l:41
212612021 11:41
212612021 11:41
212612021 11:41
3t112021
3t1t2021
3t1t2021
3t1t2021
lnorganic Anions (EPA 300.0)
Parameter Rosults Units MRL MCL DF Prepared Analyzed Qual
Fluoride
Chloride
Sulfate
<0.5
12.3
793
250
10
't0
10
0.5
2.5
2.5
mg/L
mg/L
mg/L
4
250
2l'1812O21 07:27
211812021 07:27
21181202'1 07:27
211812021 '11:45
211812021 '11:45
211812021 11:45
lnorganics (D 3739-83)
Results Units MRL MCL DF Prepared Analyzed QualParameter
Corrosiv¡ty -1'71
A temperature of 15 degrees Celslus (59 degrees Fahrenheit) has been
Corrosiv¡ty ¡s temperature dependent and w¡ll ¡ncrease with an increase
1 31512Q21 O9:22 31512021 09i23
assumed for the calculation of Corrosivity.
in water temperature.
The Corrosivity tndex is < -0.5, which ind¡cates that the water is considered aggressive and may deteiorate plumbing.
lnorgdnics (EPA 160.1)
Parameter Results Un¡ts MRL MCL DF Prepared Analyzed Qual
10 500 'l 212212021 08:06 212312021 13:00Dissolved Solids
Inorganics (ÊPA200.7)
1400 mg/L
Parameter Results Units MRL IJICL DF Prepared Analyzed Qual
Hardness by SM 23408
Calcium
Copper
lron
Magnesium
Manganese
Sodium
Zinc
22.6 mg/L as
CaCO3
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
180 1 212312021 10:50 212412O21 09:42
5.47
0.202
<0.002
2.18
<0.002
434
0.166
0.01
0.004
0.002
0.o2
0.002
0.'l
0.01
1.3
0.3
0.05
5
10:50
10:50
10:50
l0:50
l0:50
10:50
10:50
2t23t2021
2t23t2021
2t23t2021
2t23t2021
2t23t2021
2t231202',1
2t23t202',1
212412O21 09:42
212412021 09:42
212412021 09142
212412021 09:42
212412021 09:42
212412021 09:42
212412021 09:42
lnorganics (NNEPA353.2)
Results Units MRL MCL DF Prepared Analyzed QualParameter
Friday, March 05,2021 1l:44:15 AM Page 3 of4
MRL= Minimum Reporting Limit; BDL = Below Detection Limit; * = Comment applied
MCL= Maximum Contaminant Limit per EPA regulations;
mglL - milligrams per liter (ppm); uglL microgtams per liter (ppb); pci - picocuries
Report lD: 1274669 - 13206878
HORIZON'
3004.7.0.0
LAND USED DEVELOPMENT CODE REVIEW:
PROJECT LOGATION:
5325 County Road 100, Carbondale, CO 81623
TAX PARCEL NUMBER: 2391 -193-00-046
PROJECT CONTACT I NFORMATION:
Laura Berreth, Director of Operations
Momenta Recovery
3302 S.GRAND AVE, GLENWOOD SPRINGS, CO 81601
P: 970-930-6355
Kirsten Thrap, Vice President
The Danco Group
5251 ERICSON WAY, ARCATA, CA 95521
P:707-331-0442
PROJECT NARRATIVE:
The proposed project includes conversion of existing single-family home with guest suite into a
recovery center, a healing place for women. lt will be licensed for up to (12) residential clients.
The following analysis of the LUDC is provided in response to the pre-application conference
summary, dated Dec. 7, 2020. The project would be reviewed as a limited impact review. See
enclosed site plan.
GRADING AND DRAINAGE PLAN:
Waiver requested per LUDC. There is no change to any grading or drainage.
LANDSCAPE PLAN: A waiver is requested per LUDC 4-202.
There is no new landscaping proposed. Existing landscaping is appropriate for the proposed
use. No changes.
IMPAGT ANALYSIS PER LUDG 4.203.G:
The project does not include any land development or new construction. lt will create no impact
to the site.
1 . Adjacent land use: the existing use of the project site and adjacent properties is all
rural residentialwith large parcels with large pastures.
2. The site features include gently sloping grass pastures, landscaping areas with shrubs
and other plantings, good drainage and no creeks, streams, ponds, or other unique habitat
areas.
3. Soil characteristics have no known significant influence on the proposed use.
4. Geology and hazards have no known significant influence on the proposed use. The
existing facility is a permitted structure.
5. Groundwater and aquifer recharge is not an impact by the proposed project. An
inspection by Raun E Samuelson, Samuelson Pump Co. On 611912020, see letter. Existing well
is listed as 290 ft deep, 7x5" casing,250.77'standing water level, 4 hours test time, drawdown
to 252.80', production 5 gpm, recover back to 251.05' in 10 minutes. The proposed water use is
no greater than the existing dwelling unit at full capacity.
Page 1 of3
has its own full kitchen, bathroom, bedrooms and living space. Therefore, the LUDC would limit
the number of clients to (12) maximum.
e. The proposed project is not a transitional housing facility.
PARKING AND LOADING STANDARDS PER LUDG 7.302:
Table 7-302.A Min. Off-street parking standards by use does not include an exact match
to the proposed Group Home. ln accordance, any use not specifically listed shall be determined
by the director. One similar use may be commercial lodging, which requires 1 space per room.
The existing facility has (7) bedrooms and therefore could be required to have (6) parking
spaces. However, clients to the group home will not bring their personal vehicles on site, instead
they will be shuttled with passenger vehicles to the property. Therefore, it is reasonable to have
not less parking spaces than the number of on-site staff members at peak shift.
At peak shift, it is estimated that there will be as many as twelve (12) staff members total at the
eventual full-capacity. That would include approximately (3) clinicians, (3) administrators, (4)
behavioral health technicians, (1) chef, and (1) maintenance / support staff. lf the director
requires one parking space per staff member at peak shift, then the property will require (12)
parking spaces. This is represented on the enclosed site plan. Sutficient snow storage areas are
provided, with no impact to drainage.
Page 3 of 3
l' ''b.'i:
,RECoRoED n JZ>dec. i 4LL68?
or cLocr f-J .1.t. APR 19 l99U
fiILDRED ALSD0RF¿ C 0!JNTY CLERK
GARFIELD C0UNTYT C0L0RAD0
Dnol( W7 ne- ?9 ".',,
,,zl'\GRANT OF EASE!4ENT
parties
MARRIEA. KIRK
to t.his Grant of Easement are
i{ADDALONE, hereinafter referred
and JULIE A. KIRK, hereinafter
'I. Parties : Tlre
PETER MADDALONE and DONNA
to as Grantor, and TERRY
referred to as Grantees.
2.
of this G
4,
document t
purposes
propertY
operaLing
telephotre' pipes, v¡i
Subrant Easement sastect Pr rt The propertY wh
rip of land 30
ich is the subject
feet in width ãlong
which is more
attached hereto andthe easterly boundary of Gran!91's prope5ty'
specifically described on. Exhibit' A which is
iñcorporated herein by, this reference "
3. Consideratic¡n: The consideration for Lhis Grant of
nuse*enË'""=ñËiåñïiæîå.a-I" payment of ren and No/100 Dolla-rs
($f0.00) by Grantee-to Grantorr-fhe receipt and sufficiency of
which is herebY acknowledged. l
Cþaracter of EgLsement: Grantor intends, by this
tı ırant anã-ãıñvey to Grantee,_ an easèment. for. the
of iñgress ancl egreès across and.over,tfu subject
ã.¿-ïó¿ - ir," potpóse of construct ing , maf rttaining ,
I iupru"ing r- etia.ging, and repairÍng, . electric,
, *uL.t , iirigat-ioñ, áewer'r gas, and similar lines,
i.s, dit.ches ánd conduits -
5. Grant: For the considerati'on above recited, Grantc;r
hereby ;;""G:t.'eranlee,-" nonexclusive easement_I?:-th. -;;;p;å"= recited in paragraph 4 hereof- over and across a strip of
i."ã ¡O feet ià tuiãtfr a1óng"theleasterly boundary of. Grantor!s
pi"p"itvl-which,property iá more specifically describg9 in
Exhibit À atacf¡eã häretı and incorþorated. herein by thÍs '
reference.
Bindinq_ Effect: :This Grant of Easement shall bind the
eir heirs, suócessors and assigns6.
parties , tl:
rN !.jrrNEss WHEREOF'
Easement this A-:dal' of
Grantors have exec-uted this Grant of
-Å.ßL--' leeo '
PET ALONE
9r--
^,2tP,,DONNA MARIE MADDALONE
ls1
ônor( 777 rm BO
STATE OF NEW YORK
COUNTY OF
ù bscribed and sworn'to before me this
, 1990 ' bY Peter Maddal
tl
/+41'' dav or
oñ'ã anA Donna Marie
)
)
)
SS.
þ1add one.
WITNESS mY hartd and cf al sea1.
t Pub 1 ic
F'nMy commission explres:
eädresszzsþ rkt¡tlAu<
ô.cpicu1^-.r, ü ,q. ltl >Ç ËÍü,1t4 t
-2-
EXHIBIT A
Bnor( 777 rne 81
3 and in the Nnlswà all
Range 87 West of [he
of Garfield, State of
described as follows;
A parcel of land situated
in Secti.on 19, TownshiP 1
Sixth PrinciPat Meridian'
Coloratlo, said Parcel of
Beginning at a Point whence
said Section t9 bears: N.
in Lot.
South,
CountYland is
thence trast l9 (i 3 . 02
thence s. 00 05 4'.26"
tlrence West. 197 4 -81
tlrence N. AL"47 r00r'
Point. of Beginning
COUNTY OF GARFIELD
STATE OF COI,ORADO
t.he West Quarter Corner of
5r o4 2',L4 " W. 615.64 feet;
feet;
teet,more or less to the
feet;
I{. 77 4.42
feet;
E. 7'î4.70
e'cord.ed a
,eceþtion,
-1.,, .,,FtB z z'1g71, ,' "H.*;ffiffi#-
XIÌa, SteBbens., Reôord,ei
'' ADDrrroñs To .PRorgcrrvn cöveNewrs
FOR R]¡{LEDGE R.Z\NCH
. : V{HERE4'S, Centennial Associates, have caused
.Protect,ive Covênants to be fil-ed on the real.:
in Exhibit Ar:
propertlr descríbed
': -:. .:" r
, ., ,: WHEREAS, Centennial Associatés, have not i'-êL caused '-:: 1: .',:, -:'''':'
Rinrleclge Ranch Homeowners Assq'c-Í-ation provided for in the Progeqçiü9
Covenants, to be formed, -:
:
WHEREAS, Centennial Associates, still retain the property
described in Exhib.it A in fee simple, ' ,
and incorporated by reference in the Protective Covenants for :
the Rimledge Ranch, record.ed in, Book 4BB , at Page 681- ,' of '
the RgaI Estate Records of Garfield Countit, Colorad.o, and shal.l
:be'a burden on title to alJ. the land included. in the Rimledge '
Ranch and shal1 run with the title to all of the Rimledge Ranch. '
ADDITTON PARAGRAPH Ï
of Rinrlgdge Ranch shall have the power to authorize constïuct¡gn , ,'
or an r-rrr-gatLon system for the benefit of the Rimledge Ranch if
5/B of, the members of the Homeo\Ârners Association approves the same.:
:The financing of t.he construction shall be b1t assessment on each .
=
individual parceL rvithin the Rimledge Ranch.fn no event, shall the,l,l,,,
assessment levied exCeed $10r000.00 per parcel. Any further amounts
needed for compl-etion of the system shall- be raÍsgd by imposing
an assedsment on the users of the system. For purposes of the t'
' -.'.
requisite 5,/8 vote, developers shaLt be enti-tled'to no morg than , i,.
three (3) votes if t,he number of parcels they still hold: exce-ed
,
that number. If constlîuction of the system is not commqncçd'by
vor-cl .February 15, f980, this provision sha1l be nulI and
e]êction to purchase as given to the selti-ng ot^¡ner or his agent
together rvith-'a mat,ching downpayment or deposit during the
twentl¡ day perlod i'mmediately following the receipt of the notice
of the offer t,o purchase. ..
In the event tvro or more remaining ov¡ners shatl have
t"rr"n their notice,tö the selling ot.r"t provided above, the
determrnation of who among the ,Competing owngrs Shal1. have the
righÈ to purchase the unit shall be.made as fo.llows-: The
,-, .I ,selling ownei sha1l notify' all ot¡lners who'submitted theirlnotice'
of election'to purchase and provided the downpaltment of deposit
as required hereinabove to,submit sealed bids to'th. Boutd of
Directors,, to:the attention of the President of the Association.
within trvent)¡ (20) days of receipt of such notice' The:
President sha]l open all such bids upon the 30th day foltowing
the day the selling àwner mailed such notice to the:competing
ownexs ánd the or.Tner submitting the bid offering the highest
purctrase price for the, subject parcel sha}l have the right to
purchase the same
In the event any òwner shall at,temPt to sell hi,s parcel
witho¡t affording to the other ollrlnerF the right of first refusal
herein. provided, such sale sh3ll voidable and may be voÍded by
A Certificate of Non-Comp]i4nce of the Board of Directorst duly
recorded in the recording'office where the DecLaration is
recorded:
2-
gf.,c9nveVance. 'an. agregment that the grantee carrY out the
'þrovisions of..the l|rjg,ht:of fírst refusal'! as prôvided in this
ADDITIO¡¡ P¡\R.AGRAPI{ 1ÏI
-
under: such .forecl-osqre', including, delivery of a deed to the
isions of Additiôn ParagLaph II and
the purchaser or grantee under such deed in lieu of foreclosure
,ôÈ suih pàrcel sh¡Il'-be,thereupon ând tþereafter subject to
r :. ": :: ::.:i: '.- . -1,-:.' : ,.thêIpTgvisions of, this' Degl.3r1tion',and By:-T,ar¡ts. If the
' ;.._i rl .i.'.. :purchaser folfowing such foreclosure sale, or grantee underì _ . .:. ... ...'j
:.8ÜUI
ldei or nom.lnee
and
prov-ísionç:of Addition Paragraph ff, but the grantee sha1l
and thereafter be subject to all of the provisions
r'
are exempt from the provisions ..
i .l: jj
ir. 1r.'
The followÍng transfers
of Addition ParagraPh lf:
a. The transfer by operation of law of a deceased '', -
:
joint tenantrs interest to the surviving joint tenant;
The transfer of the deceased's i.nterest to a'deViseeb.
or devisees by wilL or his heirs at larnt under intestacy laws;
c. The transf er of an o\^¡ner I s
deed pursuant to a sale for delinquent taxesi
d; Íhe transf er of all oï any part of a partner:r s,, :
interest as a result of withdrawal, death or otherwise to the
remaining partners carryÍng on tlie partnership business an'd'/ox
to a person or persons becoming partners; transfer of alL or
a part of a partner I s interest þ¡et¡veen one or more partners i ,
and/or to persons. becoming partners ì : : .:
. , , : lr,-, .pr The transfer of a corporatÍon's interest to , : . .:,,
peïsons formerly owning the stock of the corpOration as a result ,
of disèolution. À transfer to the resultÍng entíty foltowing
a corporate merger of consolidation; proyided', howeverq that: at- ' . :: ,
least fifty percent (508) of, thé stock of the resulting entity , , I l' :11 i :
is owned ny the stockholders of the corporation formerly orynilS ',,.'., : it..,..
,,the parcel.
__ : ,.. aIt the ovtner Of the parcel Can establish to the:' ,;,,-,' ,,.':
satisfaction of the Board of Directors that a proposed tra4gfçr ',:
.is not a saLe, theq such a tranqfer shall ngt be -subjgct t'o,È¡e.' -i:;,j:,:.,
provisions of AdditÍon Paragraptl ÏI
'
4 - "''
j,"
exercise thèir option,'to ijulcnàse¡ "'r"'. I t , : :. : '
' , tl " l ' .j . t. : . .b¡ With respect to a deed to a'first mortgagee or'
its nomirr""'ir, lieu of forecloFure, and a deed from, such first
.... : .mortgag"e.or its nominee, þursuant to Additiol,rl ,Paragr:aph III,'
that the, deeds were in fact gÍven in liew of -foreclosure and'Úere
not,subjéct to the provisions¡ 9f Adctrtion Paragiaph-IIi
: c. With respect to any contemplated transfer r¿hich is
not in facÈ a sa}e, that the transfer witrl r¡ot'be subject to
the provisionà of a¿aition Paragraph Ilt
such a certificate çhall be conciusive evidence of the
facts contained therein.
rN lvTTNEss wI{ER3oF' Centen4ial Asaociates has oaused
this instrrrment to be executed and delívered by its general
CENTENI{TAL ASS e
on
c_
na; '
':buu
, t .: .'
s
\
COLORAÐO
COUNTY ,OF PTTKIN
The for
,day.of
Commj-ssion ExPireå-l .
My Commission expi¡cs Dá'a-
egoing ,was ac knowledged before me this
, lg 1.1 -., bY Frank x' Taverna'
Centennia1 Associates'
my hand and sear this l&daY of
/(,,*t'
n
My'Commission ExP es.¡ 1
it, t.
Reeorded- at 8;iK o, erocy-..-.á-.-.. u. -.$.88..i..?19re--*Bouli4$8 pÅcr68 i;
Recepti¡ln ilo "*W&ÆÃ*.- slla stepbens. Record.er
RIMLEDGE RANCH
DECLARATTON OF PROTECTI\rE AND RESTRICTTVE COVENANSS
I. Effective Date. The within Declaration of Pro-
tective and Restrictive Covenants shall be and become effective
from and after the 17th day of August , L9'7 6 , for all
lands in Rimledge Ranch, Garfield CounÈy, Colorado-
II. Lands Covered - Definitions.
I. "Association" means Rimledge Ranch Home Owners
Association.
2. "Common ProperÈv" or "Common Area" means all private
road and. utility easements and open space easements as shown on
the plat of Rimledge Raneh. The lerm also includes any conìmon
(i.e. used b1z two or more residential estates) water well-s'
seweï treatment dísposal facilities, and distribution or service
lines serving either, if such facilities are installed by the
association.
3. "Easement" means al1 private road and ütility
easements referred to or shown on the plat of Rimledge Ranch.
4. "Estate" or "Residential Estale" means a residential
building parcel of not less than thirty-five (35) acres j-n size
Iocated within Rimledge Ranch.
5. "Ri{nledge Ranch" means all of the lands in Garfield
County, Colorado, included within the following described
boundaries and also any adjacent property which may be acquired
subsequent to the execution of this instrument and denominated.
Rimtedge Ranch. to-wit:
A parcel of tand situated in the SI^¡kSEk of section 18,
also in Lots 3, 4, 5 and 7 and in the EåSI^rk, EåNwk, I,IàNEà and
in the NwàsEL of Section 19, al} in Township 7 South, Range 87
west of the sixth Principal Meridian, county of Garfield, state
of Colorado, l-ying Northerly of the Southerly Line of said
Section t9 and Westerly of a portion of the westerly right-of-way
rcrÍ4$¿l r/,t:$8;i
line of County Road No. I00, said parceJ- of land is described
as foll-ows:
Beginning at the Southwest corner of said Section 19;
thence N. 0lo47rOOu E. 1051.15 feet along the Westerly line ofsaid Sect,ion 19; thence s,89"49'08" 8. 495.00 feet; thenceN.01"47'00" E. 1650.00 feet, more or l-ess to a point on theNortherly line of said Lot, 3¡ thence S,89049'08" E. alongthe Northerly line of said Lot 3, 850.56 feet, more or lessto the Southwest Corner of the SE%NW% of said Section 19;
thence N.00"52r55" E. 1731.40 feet along the lfesterly 1íne
of said ELNI^IL¡ thence East 1632.26 feet; Èhence N.00o30'00u
W. 2282.6? feet,; thence N.89"54'00u E. 824.10 feet, more or
Iess to a point on the V{esterly right-of-way line of said
County Road; thence along the l¡testerly right-of-way line of
said road S.12o34'00" w. 357.81 feet; thence 382.79 feet
along the arc of a curve to the teft, having a radius of
877.28 feet, the chord of which bears: S.00"04'00" W.
379.76 feet; thence 308.93 feet al-ong the arc of a curve tothe right, having a rad.ius of 1205.83 feet, t,he chord of
which bears: S.05o05'00" E. 308.52 feet: thence 308.92 feet
along the arc of a curve to the left, having a radius of
553,40 feet, the chord of which bears: S.13o43'30" E.
304.92 feet, thence 5.29o43r00" E. 270.56 feet; thence leav-
ing said. right-of-way line west 14I.30 feet; thence S. 13"25'00"
E. 608.11- feet; thence East 268.19 feet, more or 'l-ess to apoint on the !{esterly right-of-way line of said County Road;
thence along said right-of-way line 399.37 feet along the arc
of a eurve to the right, having a radius of 927,65 feet, the
chord of which bears: S.09"07'00u E. 396.29 feet; thence
S. 03"13'00" W. 27L.13 feet; thence 351.10 feet along the arc
of a curve to the right, having a radius of 1466.56 feet, the
chord of which bears: S.10o04t30" !v. 350.26 feet; thence
9.16056'00" W. 57.96 feet; thence 103.09 feet along the arc
of a curve t,o the left, having a radius of 965.83 feeL, the
chord of which bears: S.13o52'30" I{. 103.06 feet; thence
S.10"49'00" W. 9L.72 feet; thence 189.34 feet along the arc
of a curve to lhe right, having a radíus of 622.87 feet. the
chorcl of whi-ch bears: S.19o3l'30u W. 188.61 feet¡ thence
S.28o14r00u W. 52.64 feet¡ thence 106.01 feet along the arc
of a curve to the left, having a radius of 497.86 feet, the
chord. of which bears: S.22a08r00" vü. 105.81 feet; thence
S-16"02'00" W. 93.58 feet; thence 92.55 feet along the arc
of a curve to the right, having a radius of 396.70 feet' the
chord of which bears: S.22043'00" W. 92.34 feet; thence
s.29"24100" w, 14.98 feet; thence 93.23 feet along the arc
of a curve to the right, having a radius of 437.86 feet, the
chord of which bears: S.35"30'00" !{, 93.06 feet; thence
S.41"46'00" W. 112.65 feet; lhence leaving said right-of-way
line N.87ot0'48" w. 1382.75 feet al-ong a fence as constructed'
and ín place; thenee S.00"54'26" I^1. 2L22.61 feet; thence
N.69045'00" Vù. 173.38 feet; thence S.64o06'00" W. 924.72 feet;
thence S.20o0lr00r W. 200.10 feet, more or less to a point
on the Southerly tine of said Secti"on t9; thence S.8B"l7'20"
w. along the Southerly line of said Section 19, 1440.92 feet,
more or less to the South\^/est Corner of said Section L9, the
point of beginning. The above described parcel of land
contains 280.00 acres, more or less.
6. "Home occupation or Profession" means an
occupation or profession customarily conducted entireJ-y within
a dr^¡elling and carried on by the occupants thereof, which use
i-s cl-early incidental and secondary to the use of the dweJ-ling
for dwelling purposes and does not change the character thereof,
-2-
¿r¡t,i4$il i{rÊEB.j
and in connection with which there is no display, no stock in
trade, no outside storage of equipment, no commodity sold upon
the premises and not more than two persons are ençfaged in such
occupation. Such uses as þarbershop, beauty parlor, tearoom,
tourist home, animal hospital, and dancíng school shall not
be deemed to be home occuPations.
III. General. Purposes' Rimledge Ranch Home Owners
Associatíon,Membership.
I. General Declaration. Centennial Associates'
the owner of Rimledge Ranch, declares the following Protective
and Restrictive Covenants for the use and benefit of those who,
from time to time, shall hold title to or otherwise have an
ínterest in the lands comprising Rimledge Ranch.
2. P!¡fpose. the intenÈion of declarant, Centennial-
Associates, as expressed by its execution of this instrumentt
j-s that the lands within Rímledge Ranch be developed and
maintained as a highly desirable rural residential area. These
covenants are intended to protect, insofar as possible, the
scenic and secluded guality of Rimledge Ranch, togettrer with
giving ample consideration to the present environment, view,
and surroundings of Riml-edge Ranch so that Èhe rural residential
d.evelopment witl be in harmony wíth the aforementioned qualities.
3. Membership in Rimledge Ranch Home Owners Association.
All persons or associations (other than Rimledge Ranch Home
Owners Associat.Íon) who own or acquire the title in fee to any
of the lands in nimtedge Ranch (other than lands dedicated as
comrnon area, common property or easements) by whatever means
acquired, shall automatically become members of Rimledge Ranch
Home Owners Association, a Colorado Corporation not for profit,
in accordance with the Articles of Incorporation of said nimledge
Ranch Home Owners Àssocíation as Presently in effect and recorded
or flled in the records of Garfield County, Colorado, and as
the same may be duly amended from time to time and also filed or
recorded in the Garfield County records.
-3-
¡olri4€J* p¡.Gf,$¿Ì4
IV. Architectural- Committee.
l-. Architectural Committee. The architect,ural
commíttee shall mean the Board of Directors of Rimledge Ranch
Home Owners Associatio¡, a Colorado corporation not for profit,
as said Broad of Directors is presently constituted.,or from
time to time in the future constítuted. Saíd architectural
commit.tee sha1l have and exercise all of the powers, duties
and responsibilities set out i¡ this instrument.
2. Approval by Architectural Comrnittee.No improve-
ments of any kind including but not limited to dwelling houses,
out buildings, swimming poo1s, parking areas, wa1lsr garages,
drives, antennae, curbs and walks, shaI1 be erected, altered,
or permitted toiremain on any land within Rimledge Ranch, nor
shall any excavating, clearing or landscaping be done in
conjunction therewith on any lands within Rimledge Ranch, unless
the complete architectural plans and specifications and a site
plan showing the orientation for such erectj-on or alteration
and landscaping are submitted to and approved by the architec-
tural committee prior to the conìmencement of such r¿ork. The
architectural committee shatl consider and base its decision
upon: design of the improvementsi materials to be used' on
the external features of said buildings or structuresi external
colors; locat.ion with respect to topography and grade elevations;
harmony of landscaping vrith the natural settings and native
trees, bushes and other vegetation. fn the event the archi-
tectural eommittee faiLs to take any action within forty-five
(45) days after the architectural plans for such work have
been submitted to it, then such arehitectural plans sha1l be d.eemed.
to be approved. In the event the architectural committee shall
disapprove any architectural plans, the person or associaÈion
submitting such architectural plan may appeal the matter at the
next annual or special meeting of the members of Rimledge Ranch
llome Owners Àssociation, wherein an affirmative vote of at least
the majority of the votes entitled to be cast at such meeting
shall be required to change the decision of the architectural
committee.
-4-
slfí¿¿$8 i¡.riû85
3. Rules and ReguLations. fhe architectural
corunittee shall have the power to prescribe reasonabLe rules
and regulations to aid in carrying out the provisions of these
covenants.
4. Variances. lrlhere circumstar¡ces, such as topo-
graphy, l-ocation of property lines, location of trees and bushes,
or other matters reguire, the architectural committee may'
after open hearing, by an affirmative vote of the majoriÈy of
the members of the architectural committee, allov¡ reasonable
variances as to any of the covenants and reslrictions contained
in this instrument, its terms and conditions as may be
required; provided, however, that no such variance shall be
finalty allowed until thirly (30) days after the architectural
committee shall have mailed a notice of such hearing to each
member of the Associati-on. In the event any two (2) members
sha1l notify the archítectural committee in writj-ng of their
objections to such variance, such variance shalL not be
alfowed until such time as it shall have been approved by the
affirmatÍve vote of at least the majority of votes entitled
to be cast at an annual or special meeting of the Association.
5. General Reguirements. The architectural committee
shall exercise its best judgment to see that alL improvements,
construction, landscaping and alterations on the lands within
Rimledge Ranch conform with the general declaratiort and purposes
of these covenants. The architectural committee shall protect
the seclusion and natural view of each residential estate
insofar as possible in the develoPment of Rimledge Ranch pursuant
to these covenants.
6. Architectural Plans. The architectural committee
shall disapprove any archit.ectural plans submitted which are
not sufficient to enabLe the architectural com¡nittee to exercise
the judgment required by these covenants.
-5-
unr,i 4 ij¡J i,¡,c1..,j g6
7. Àrchitectural committee Not Líab1e. Neither
the architectural committee nor the association shal-l be
liable in damages to any person or association submitting any
architectural plans for approval, or to any or.trier or owners of
land within RimLedge Ranch, by reason of any action, fail"ure
to act, approval, disapproval or failure to approve or disaPprove'
with regard to such architectural plans. Any person or
association acquiring the title to any property in Rimledge
Ranch, or any person or association submitting plans to the
architectural committee for approval, by so doing does agree
and covenant that he or it will not bring any action or suit
to recover damages against the architectural committee, its
members as individuals or its advisors, employees or agents.
8. Written Records. The architectural committee
shall preserve for a reasonable time, complete written records
of all appJ-ications for approval submitted (including one (I)
set of all preliminary sketches and all architectural plans
so submitted) and all actions of approval or disapproval, and
all actions taken by it under the provisions of this instrument.
V. GENER.AL RESTRICT]ONS
t. Zoning. No land within RimledEe Ranch shall-
ever by occupied or used by or for any improvement, structure
or purpose or in any manner which is cont.rary to the zoning
regulations of Garfield County, Colorado, validly in force
from time to time.
2. Mining, etc. No mining, quarrying, excavating or
drilling for any substances within the earth including oil,
gas, minerals, gravel, sand, rock, and earth, shall ever by
perrnitted within the linits of Rimledge Ranch.
3. No Business Uses. No land within Rimled ge Ranch
shall ever be occupied or used for any commercial or business
purposes nor for any noxious activity and nothing shall be
done or permítted to be done on any of said lands which is
a nuisance or which may become a nuisance to the o\¡tner or
o$rners of any of said l-ands, A home occupation or profession
is allowable if it meets aLl other conditions and restrict,ions
of these covenants.
-Á-
30ü{4ifrl iÂr[€97
4. Sígns. With the exception of one (1) "For
Rent" or "For Sale" sign, whÍch shall not be larger than
twel-ve by twenty (L2 x 2A) inches and one (1) entrance gate
sign of a style and design approved by the architectural
cc¡mmittee, no advertising signs, billboards, unsightly
objects, or nuisances shall be erected, altered¿ otî permitted
to remain on any tract in Rimledge Ranch.
5. Animals. Owners and lessees of land within Rimled.ge
Ranch may have ordinary household pets, including horses,
belonging to the household j-n Rimledge Ranch. Such pets shall
be kept and restrained. exclusively within the boundaries of
the pet owrrers I estate and must not annoy the owners of other
estaË,es or property adjacent. The archj-tectural comnittee
shaLl have the power to require any or^rner or lessee of lands
in Rimledge Ranch to remove any housei:otd pet which is not
disciplined or which does constitut.e an undue annoyance to
o\dners and lessees of lands wit,hin Rimledge Ranch or adjacent
property. O\^rners and lessees of l-and wit.hin Rimledge R.ench
may have such other animals, including cattle, as are approved.
by the architectural committee, after a finding that the
keeping of such animals is in conformity with the purposes of
these covenants.
6. Resubdivision Prohibited. No estate within
Rimledge Ranch shall ever be resubdivided into smaller lots,
esteÈes or parcels, nor conveyed nor encumbered in any less
than the full original dimensions of the êstatei proví<led that
conveyance or dedications of easements for utilities or private
roads may be made for l-ess than aI] of one (1) i-ot.
7 . Combininq Estates. If two (2) or more contiguous
residential estates are owned by the same or{¡rter or or/ìrners,
they may be combined into one or more larger residential est,at,es
by means of a written document executed and acknowledged by
all of the owners thereof, approved by the architecturaL committee,
-7-
¿¡1:' ri,!l.i.J ,4it c,Bg
reported in the real property records of Garfield County'
Colorado. Thereafter, the new and larger estates shall be
considered as one residential estate for the puxpose of these
covenants. The combining of two (2) or more resídential estates
will noÈ diminish the number of votes whi-ch the owners thereof
are entitled to cast under the provisions of the Articles of
Incorporation of Rimtedge Ranch Homeowners Association-
8. Service Yards and Trash. E guipment service or
storage piles on any estate in Rimledge Ranch shal-l be kept
screened by adequate planting or fencing so as to be concealed
from the view of neighboring estates and streets and access
roads. All rubbish and trash sha1I be removed from all lots
in said Rimledge Ranch and shall not be allowed to accumulate
and shall not be burned thereon.
VI. RESTRÏCTIONS ON RESIDENTIAL ESTATES
1. Number and Location of Buildings.No building or
structures shall be placed, altered., erected, or permitted to
remain on any residential estate other than:
(1) One (I) detached single-family dwelling house.
(2) One (1) detached guest or servant house wit,h a
minimum of four hundred (400) sguare feet on the first,
or ground floor thereof excluding open porches and
garages i
(3) One (1) attached or detached garage; and
(4) One (1) attached or detached tool or storage shed;
and
(5) Such buildings as are necessary for sl'relter and
keeping of allowed animals.
-8-
ilciir ii.iiii i¡.li .íJSs
2. Ðwelling House to be Constructed First. No
garage, or other buil-ding shall be constructed on any residential
estate until after commencement of construction of the dwelling
house, guest house or servant house on the same residential
estate except as otherwíse specifically permitted by the archi-
tectural eommÍttee. AII construction and alteration work shall
be entirely completed within twelve (I2) months after the
conmencement of construction,
3. Setbacks. Att buildings and structures on all
residential estaÈe in Rimledge Ranch shall be set back at least
two hundred (200) feet from all estate boundary lines and
common areas.
4. Tanks. No elevated tanks of any kind shall be
erected, placed or permitted upon any residentiat estate.
Any tank used in connection with any dwelling house or other
structure of any residential estate, including tanks for storage
of gas, fuel oil, gasol-ine, oil- or water, shall be buried.
5. Used or or Structures. No used or previouslY
erected or temporary house, structure, house trailer' or non-
permanent outbuilding shall ever be placed, erected., or allowed
to remain on any residentia.L lot except, during construction
periods and no structure designed to be inhabíted by humans
shall be occupied in any manner prior to its completj"on.
6. Un licensed and Abandoned Vehicles. No unlicensed
vehicles, abandoned vehicles or junk vehicles shall be allowed
to remain on any residential parcel within Rimledge Ranch.
7. Operation of Motorized Vehieles. No dune buggies,
motorcycles, trail bj-kes' snowmobiles or other motorized
vehicles of any type or descript,ion shall ever be operated on
any estate in Rimledge Ranch.
-9-
iiot¡í4.$il p/,rr6St
VII. RESTRICTIONS ON COMMON AREA
1. Impiovemênts. No improvements of any kind or
nature shall be constructed, altered or allowed to remain on
the common areas of Rimledge Ranch except'as otherwise
provided herein.
2. operation of Mot.orized Vehicle. No dune buggies'
motorcycles, trail bikes, snowmobiles or other motorized
vehicles of any type or description shall ever be operated on
common area in Rimledge Ranch.
VITI. EASEMENTS RESERVED
(f) There are hereby created and reserved perpetual
easements, as described in (2) and (3) below, for the PurPose
of constructing, maintaining, operatínE, replacing, enlarging'
and repairing water wells, electric, telephone' vtater, irrigation,
sewer, gäs, and similar lines, pipes, wires, ditches and
conduits, walking and riding tre.ils, and private roads.
(2) Along that portion of the peri-meter of a resíden-
tial est.ate which is also a portion of the exterior boundary of
Rimledge Ranch the easement created and reserved in {1) above,
shall be twenty (20) feet in width
(3) Atong the perimeter of each resident.ial estate to
whiclr (2) above does not apply, and along the entire perimeter
of the co¡nmon areas, as described on the recorded plat of
Rimtedqe Ranch, including any portion of said perimeter which
abuts on a private road, and throUgh all the cornmon areaS and
all private roads described on the recorded plat of Rimledge
Ranch, the easement creaÈed and reserved in (1) above sha11 be
ten (10¡ feet in width on each side of the perimeter boundary
of each residential est,ate.
2. f'ence Licenses lrrithin Utilit Easement. No fence
or other improvements sha1l be placed in any of the easements
within residential estates ereated and reserved under Sectíon
I of this Article VIfI unless prior written authorization shall
-1 0-
Do,itli i:iìl iÅt[ ú;;i'] !
have been obtained from the architectural committee. Any
such authorization shall be deemed to be a revocable license
and t,he o\^rner or o\4rners of the resident.ial estate upon which
said. fence is eonstructed shall promptly remove t,he same at
their expense upon request of the architectural committee.
Damage to any such fence occasioned by the construction,
maintenance and repair of any utilities or systems shall be
repaired by the owner or o$/ners of the ¡esidential estate at
their sole expense. Fences erected within easements, in
accordance with the provisions of this section shall also meet
the standards set out in VI, II, Supra.
3. Elimination of ut il-itv Easements.Upon approval
of the architectural committee of a request that certaín
easements be eliminated on originalJ.y platted lines which are
no longer to be lot lines upon the combining of Lots Puxsuant to
Section 7 of Article V, the then o\^tner of such easement shall
release and guit claim such easement upon such terms and con-
ditions as the architectural committee may establish.
4. Ownership of Easements. All easements and rights
created and reserved in Section I and Section 2 of this
Article shall be vested in the undersigned partnership, its
successors and assigns, shal1 have executed and delivered an
instrument in writing transferring the same or a part thereof
to the Association. Prior to such transfer, the undersigned
c6rporati6n, its successor or assignS, ñåY authorize the uSe of
said easement, either temporarily or permanently, for the pur-
poses set forth in section 1 and section 2 of this Article for
the benefit of lands not incLuded in Rirnledge Ranch' Upon
any such transfer to the Association, the undersigned corporation,
its successors and assigns, shall be relieved from all con-
tinuing responsibilities therefore.
TX. ROADS
1. Ownership of Roads. The title in fee to all
lands platted as private roads as sho\4¡n on the recorded plat
-11-
ügti{,{,S"i i,.r.t5 üS.i
of Riml-edge Ranch shall- be and remain veste'd in the under-
signed. partnership until such time as the undersigned partner-
ship shatl have executed and delivered an instrument in
writing transferring the same or a part thereof to the
Association; provided, however, prior to any such transfer the
undersigned partnership reserves the right and authority to
dedicate to public use any such platted private roads.
2. Easement for Use of Roads. The undersi gned
partnership hereby'conveys to the Association for the private
use of all owners of Rimledge Ranch a non-exc.Lusive easement
over and across alt the private roads platted and d.edicated as
private road,s on the plat of Rimledge Ranch, provided, however,
that the undersigned partnership reserves the right and authoriÈy
tó authorize additional users of aLl of said private roads as
welL as the right to dedicate said roads in whole or in part
to publíc use.
3. Maintenance of Road.s. Al-I private roads in Rimledge
Ranch as shown on the recorded plat of Rimledge Ra¡rch shal-l be
maintained by the Association.
X. ENFORCEMENT
1. Enforcement Actions. The architectural committee
shatl have the right to prosecute any action to enforce any
of the provisions of any or all of these covenants by in-
junctive relief, on behalf of ítself and all or part of the
owners of land in Rimledge Ranch. In addition, each o\^7ner
of Land within Rimledge Ranch, including Rimledge Ranch ¡tome-
owneïs Assoeiation, have the right to proseeute any action
violation of these covenants.
2. Limitations on Actions. In the event any con-
struction or alteration or landscaping work ís commenced on any
of the lands in Rimledge Ranch in violation of these covenants
and no action is commenced within ninety (90) days thereafter
to restrain such violation, then injunctive or equitable
rel-ief shall be denied.r but an action for damages shall be
-12-
IJ0'J¡ 4;i:ii:å PÂct ÉJ S.c
available to any party aggreived. Said nlnety (90) day
limitation shal1 not apply to ínjunctivé or equitable relief
against other violations of these covenants, nor shatt it
apply to provísions of Section 2 of Article VIII.
XI. GENERAL PROVISIONS.
I. Covenants to Run. All of the covenants contained
in this instrument shall be a burden on the tit.l-e to all of
the lands in Rimledge Ranch, and the benefits thereof shall
endure to the o\À¡ners of all of the lands in Rimledge Ranch,
and the benefits and burdens of all said covenants shall run
with the title to all of the Rimledge Ranch.
2. TerminaÈion of Covenants. The covenants contained
in this ínstrument shall terminate August l7th, 2A26, or at
the time of final dissolution of the Colorado corporation no!
for profit known as Rimledge Ranch llomeowners Association, wh5-ch-
ever date shall first occur. Effective August L7, 200L, and
August 17, 2026, these covenants may be amended by a vote of
three-fourths of the votes entitled to be cast by the members
of the Rimledge Ranctr Homeowners Association, said vote to be
cast at a meeting of the ¡nembers duly held not more than six
(6) months before and not more than six (6) months after said
date, provided a properly certified copy of the Resolution of
Amendment be placed on record in Garfield County, Colorado,
not more than six (6) months after said. date- If these
covenants are amended on AugusL L7 , 2A26, then they shall
continue in effect as amend.ed for so long thereafter as may be
stated in such amendment.
3. Seve rabilitv.Should any part or Parts of these
covenants be declared invalid or unenforceabte by any Court of
Competent jurisdiction, such decision shall not effect the
validity of the remaining covenants.
-1 3-
iiorÍ4[ìiJ r'Åc[Ë94
4 Paraqraph Headinqs. the paragraph headings in
this instrument are for eonvenience only and shall not be
construed Èo be a part of the covenants contained herein.
CENTENNIAL ASSOCTATES
\
byt
Dav g
x averna
STATE OF COLORADO
COUNTY OF PITKÏN
s5
The foregoing instrument was acknowledged before me
this : ¡day of (Lu.a,lrsi- , Lg76, by ,roN DAvrÐ sErcLE
-iland FRANK X. TAVERNA, on behalf of CENTENNIAL ASSOCIATES' a
Partnership.
ty
My Commission Expires:
?Ìit Commleslon upires lvlarch eS. lt8{l
?- .'' '