HomeMy WebLinkAbout3.0 Satisfaction of ConditionsLAND DESIGN PARTNERSHIP
918 Cooper Avenue, Glenwood Springs, CO 81601
970-945-2246 / Fax 970-945-4066
E-mail: rblist@quixnet.net
June 1, 2004
Fred Jarman
Building and Planning Department
Garfield County
108 Eighth Street, Ste. 201
Glenwood Springs, CO 81601
Re: Deane Subdivision Exemption Plat
Dear Fred:
Transmitted herewith are the following documents or plan:
Deane Exemption Plat (24"x 36")
Carbondale and Rural Fire Protection District Agreement and check receipt
Letter from Zancanella & Associates re. Water Supply
Weed Management Plan (prepared with Steve Anthony's guidance)
Easement, Road Use and Maintenance Agreement
Declaration of Water Well Use and Maintenance Agreement
Declaration of Protective Covenants
These documents are presented in compliance with the Condition of Approval for the
Deane Exemption as listed in a letter from you dated February 3, 2004. Condition No.
5 of that letter also addressed the potential impacts on wetlands by the widening of the
existing driveway. The field survey of the wetlands flagged by Gary Beach are shown
on the Exemption Plat. These wetlands will not be impacted by the future widening of
the existing drive. Although difficult to see on the plat drawing, the very narrow
wetland along the lot line between Lots 3 and 4 ends about 15 feet or more north of the
road easement. The exemption sketch plan did not accurately show the location of the
wetlands. Since the wetlands will not be disturbed by the driveway expansion, an
application to the U.S. Army Corps of Engineers is not needed.
Please let me know when the Staff has reviewed and approved these documents and
we will provide signed copies and a mylar of the plat.
Sincerely,
Ronald B. Liston
Pc: Buck Deane
/77
S;AA 7 /&( -
�u�D�Us Sip dc, C- FAQ -7a6- kilo},
75ew
/ULC` y--57?-7‹.o
�s
C� Cock
(/)e-
66/ , p` - �i
Repx,5z/i71
fcal75 !#A-1 /6
"my
/i% G ESSA-, y 6,01e7wt-R,.friGDs2
�� Ca C/ /1/ E 2 f 61
17140 - E ,A1z_G6-S5A- Ari
v
9—ea-
1111 I F11311',N11 ,14!,10JCilrl 'Iki liaii 11 11 1
Reception#: 742405
02/05/2008 01:20:27 PM Jean Alberico
1 of 4 Rec Fee:$21.00 Doc Fee:0.00 GARFIELD COUNTY CO
DECLARATION OF WATER WELL USE AND MAINTENANCE
f2rTHIS DECLARATION is made this day of-J"`'Q ' , 2008 by Doane
H. Deane ("Declarant") whose address is 0477 Rose Lane, Carbondale, CO 81623.
WHEREAS, Declarant is the owner in fee of those real properties described as Lot 2, Lot
3 and Lot 4 within the plat of the Deane Subdivision Exemption, Garfield County, Colorado.
Said Lot 2, Lot 3 and Lot 4 are referred to hereinafter collectively as "the Lots."
WHEREAS, Declarant also is the owner of a water well located on Lot 4 and permitted
under Colorado Division of Water Resources Well Permit No. 230939 for the domestic and
irrigation use of not more than three single family dwellings; and
WHEREAS, by this Declaration, it is the intent of Declarant to establish a regime
governing the joint use and maintenance of the well by the future owners of the Lots (the
"Owners").
NOW THEREFORE, the Declarant sets forth the regime governing joint use of the Well
by the future Owners of the Lots as follows:
1. The Owner of Lot 2 shall be deemed to own an undivided one-third (1/3) share of the
subject well permit, well, water tank, pump, fittings at the well head, meters (whether
existing now or to be installed at a later time), pump house, foot valves, and any pipes or
pipelines and any other structures which are jointly used.
2. The Owner of Lot 3 shall be deemed to own an undivided one-third (1/3) share of the
subject Well permit, Well, water tank, pump, fittings at the Well head, meters (whether
existing now or to be installed at a later time), pump house, foot valves, and any pipes or
pipelines and any other structures which are jointly used.
3. The Owner of Lot 4 shall be deemed to own an undivided one-third (1/3) share of the
subject Well permit, Well, water tank, pump, fittings at the Well head, meters (whether
existing now or to be installed at a later time), pump house, foot valves, and any pipes or
pipelines and any other structures which are jointly used.
4. No Owner is deemed to have any ownership right in and to any pipe, pipeline or other
structure used or required solely by the Owner of another of the Lots which may utilize
any portion of the water flowing from this Well and its structures. This Declaration does
not intend to relate to such individually owned or used rights or structures. Nothing in
this Declaration shall be construed to give any Owner any rights to such non -shared
property of the other Owner nor to obligate any Owner to pay any costs associated with
non -shared structures.
5. The Owners shall cooperate with each other at all times in all matters necessary to
promote the proper construction, completion and functioning and use of the water system
{00I33804.DOC / 1)
■I11 kA N1UNIMPini iirir1141 10,114 i iii Ii 111
Reception#. 742405
02/05/2008 01:20:27 PM Jean Alberico
2 of 4 Rec Fee:$21.00 Doc Fee:0.00 GARFIELD COUNTY CO
in such manner as to provide to their respective uses an optimum water supply on
demand at all times possible based upon the natural availability of water. The Owners
shall agree to not waste water and to endeavor to use no more than their respective shares
of the available water. At this time it is agreed that no individual water meters must be
installed. If at any time after the date hereof any Owner requires that meters be install ed,
then each of the Owners shall install meters at their individual expense. Waste or over-
use shall be deemed to be a violation of this Declaration for which the non -defaulting
owner may seek remedy at law or equity for damages or for injunctive relief or both.
Irrigation uses shall be limited to not more than 1/3 acre of lawn and garden irrigation on
Lot 2, 1/3 acre of lawn and garden irrigation on Lot 3, and 1/3 acre of lawn and garden
irrigation on Lot 4. Unless otherwise agreed by each Owner, the Owner of each Lot shall
use no more than one-third (1/3) of the water legally allocated to the Well
(i.e., 5.00 g.p.m.). In the event the water physically available from the Well is less than
the legally available amount, then each Owner shall proportionately reduce the
consumption of same to the amount actually available. In no event shall the Well be
pumped at a rate exceeding fifteen (15) gallons per minute. Any household use of the
Well water must provide for return flow through an individual disposal system of the
non -evaporative type, returning the water to the watershed in which the Well is located.
6. Declarant shall be responsible for the initial cost of constructing the Well system, any
necessary water tank, pump house and any jointly used pipelines. Following the initial
construction, the actual and continuing costs of operation, maintenance, construction,
extension, upgrading, cleaning, repairing and all other work required on shared
components of this water system to cause the water at the Well to become and remain
available to deliver water to the Owners shall be shared by the Owners in proportion to
their share in the Well. This Declaration shall relate only to costs incurred after the date
hereof. Electrical charges for the operation of the Well shall be shared in proportion to
the water allocated to each Owner. No operational costs will be charged to any Owner
until such owner actually makes a physical, connection to the Well and begins using
water from same.
The Declarant shall not be included as an "Owner" of a Lot (or Lots) for purposes of
cost-sharing for maintaining, repairing, operating, replacing or improving the shared
components of the water system. Only purchasers of a Lot (purchasing either from
Declarant or a successor of Declarant other than an entity of which Declarant owns a
controlling interest) shall be considered as "Owners" for cost-sharing purposes.
7. Subject to the provisions in paragraph 5 above, any Owner who has been using water
from this system and at any time elects not to share in costs, necessary repairs,
maintenance, replacement and the like necessary to maintain the Well and deliver the
subject water, shall not receive water from the system. At such time as said electing
Owner chooses to resume use of water from the system said Owner may do so upon
reimbursement to the other user(s), the full cost of said Owner's share of such
expenditures with legal interest retroactive to the expenditure date.
8. The Owners agree to cooperate in the future maintenance, operation, repair, replacement
{00133804.DOC / 1 }2
1111 WI N1714110,lh6MlNiMINKICk IKON 1111
Reception#: 742405
02/05/2008 01:20:27 PM Jean Alberico
3 of 4 Rec Fee:$21.00 Doc Fee:0,00 GARFIELD COUNTY CO
or improvement of all common facilities. In the event the Owners are unable to agree on
any required maintenance, repair, rep 1 acement or improvement, any Owner shall be
entitled to undertake the minimal maintenance, repair, replacement or improvement
necessary and essential for proper functioning of the common facilities. In the event an
Owner determines to undertake such work unilaterally, such Owner shall notify the other
Owner(s) in writing. The Owner undertaking the work shall, upon completion, provide
the other Owner(s) with a written statement of work performed and the other Owner's
proportionate share of the cost of same. In the event an Owner fails to pay the
proportionate share of any amount due within thirty (30) days after presentment, the
Owner which has paid such cost and expense shall be entitled to pursue any remedy
available at law or in equity. The Court, in its discretion, may award to the prevailing
party Court costs and attorney's fees incurred.
9. Declarant hereby creates and reserves permanent, non-exclusive easements across the
portions of Lot 2, Lot 3 and Lot 4, designated as "Waterline Easement" and "Water Tank
Easement" on the final plat of the Deane Subdivision Exemption, as necessary and
sufficient for the benefit of the Owners of Lots 2, 3 and 4, as users of the Well, and the
water tank, pump and common pipeline and treatment system and structures, and also
hereby creates and reserves a non-exclusive easement for non -shared or individual
pipelines conveying water to the respective Lots over and across said "Waterline
Easement" and said "Water Tank Easement." The Declarant has the right to approve
alternate locations for the "Waterline Easement" and if Declarant does so approve an
alternate location, the Declarant will record an instrument in the Garfield County,
Colorado records reflecting the actual as -built location of the "Waterline Easement" and
will file an amended plat reflecting the actual as -built location.
10. Each Owner shall agree to not interfere at any time with the proper use by any other
Owner of its interest in any water structure and shall indemnify and hold harmless all
other Owners and users from any loss or damage or injury caused by the acts of said
indemnifying Owner.
11. This Declaration and the covenants contained herein are intended to and shall run with
the titles to those real properties described as Lot 2, Lot 3 and Lot 4 within the plat of the
Deane Subdivision Exemption, Garfield County, Colorado, and shall be binding upon and
inure to the benefit of the Owners thereof, and their assignees or successors.
The foregoing notwithstanding, the Declarant reserves the right, at any time, to forego
and abandon the development of the Deane Subdivision Exemption as presented to
(and/or approved by) Garfield County, subject only to the requirements that: (i) Garfield
County be notified in order to complete a vacation of the Deane Subdivision Exemption;
and (ii) if required, Declarant will process an applicant to vacate the Deane Subdivision ,
Exemption. In that event, this Declaration of Water Well Use and Maintenance shall
remain in effect for any and all lots of the Deane Subdivision Exemption that have been
sold by Declarant, if any. Any new development plan which involves some (or all) of the
real property included in the Deane Subdivision Exemption shall require a discrete
domestic water supply plan and approval of said plan by Garfield County in accordance
{00133804.DOC / 1)3
1111 1 FIlliNi,H11 ,1 1 ,V ,IriilliCleliM iIriti Pi 11111
Reception#: 742405
02/05/2008 01:20:27 PM Jean Rlberico
4 of 4 Rec Fee:$21.00 Doc Fee:0.00 GARFIELD COUNTY CO
with all applicable provisions of its land use code.
12. The laws of the State of Colorado shall govern the validity, effect and construction of this
Declaration.
13. Except as provided in Section 11 above, this Declaration may not be modified in any
manner except by an instrument in writing signed by the Owners of each of the Lots.
IN WITNESS WHEREOF, this Declaration is executed this /0 f" day of )q^ ✓G.,/fr
2008.
The foregoing instrument was acknowledged before me on this /127‘17day of
2008, by Doane H. Deane.
Witness my hand and official seal.
My commission expires:
jX/IPA7,
C„ •
Notary Public
El. Joseph Krabacher
201 N. in St, 11201
Aspen, Colorado 81611
{00133804.DOC / 1 }4
1111FIFINANIUMN.Marillifalifilliii 11111
Reception#: 742406
02/05/2008 01:20:27 PM Jean Rlberico
1 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO
DECLARATION OF EASEMENT, ROAD USE AND MAINTENANCE AGREEMENT
THIS EASEMENT, ROAD USE AND MAINTENANCE AGREEMENT (the "Road
Agreement") is made and effective this 1' ''day of —TA ""7 , 2008, by Doane H. Deane (the
"Declarant").
This Road Agreement is made with reference to and in reliance upon the following facts:
A. "Deane Subdivision Exemption" is comprised of certain real property located in
Garfield County, Colorado (the "Property") as described on the Plat of the Deane Subdivision
Exemption recorded in Plat Book, A at Page44Aof the Office of the Clerk and Recorder of
Garfield County, Colorado (the "Plat"). R cc0'1
B. The Deane Subdivision Exemption was approved on FcV. "� `~ , 2008 by Resolution
No. 20$ $ -9%3 and Resolution No. Ac o $ - 9, 2 , of the Board of County Commissioners of
Garfield County, Colorado, granting a Flood Plain Special Use Permit and an Exemption from
the Definition of Subdivision to the Deane Subdivision Exemption consisting of three new lots
that were created from a fathering parcel (collectively, the "Resolutions of Approval").
C. Declarant is the owner of Deane Subdivision Exemption.
D. The Declarant desires to provide for the construction, repair and maintenance of a
privately dedicated road located on the Deane Subdivision Exemption and for the grant of an
easement for ingress and egress to the Lots designated on the Deane Subdivision Exemption plat
as provided for herein.
In consideration of the mutual promises and covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Declarant hereby grants and agrees as follows:
ARTICLE I
DEFINITIONS
1. Definitions. Unless otherwise provided for or defined herein, each capitalized term in
this Declaration or on the Plat for Deane Subdivision Exemption shall have the meaning
specified or used in the Act.
1.1 Act. "Act" shall mean the Colorado Common Interest Ownership Act (Article
33.3 of Title 38 of the Colorado Revised Statutes). The Deane Subdivision Exemption shall not
be subject to the Act pursuant to the exemption set forth in C.R.S. Sec. 38-33.3-116(1), except as
to those mandatory provisions of the Act applicable to all common interest communities.
1.2 Building Envelope. "Building Envelope" means the area designated within a
Lot as shown on the Plat within which the principal residence must be built, and also means the
(00133813.DOC / 11
-1-
1111 Iii P111 M111.113%1!.1111 114 !III I
Reception#. 742406
02/05/2008 01:20:27 PM Jean Rlberico
2 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO
area designated within a Lot as shown on the Plat within which the Owner may construct
customary accessory structures, including but not limited to agricultural buildings, fences, ponds,
individual sewage disposal systems, and wells.
1.3 Deane Subdivision Exemption. "Deane Subdivision Exemption" shall mean
the real estate described on the Plat as "Lot 1", "Lot 2", "Lot 3" and "Lot 4", together with all
easements, rights-of-way, and appurtenances thereto and improvements erected thereon.
1.4 Declarant. "Declarant" shall mean Doane H. Deane.
1.5 Declaration. "Declaration" shall mean this instrument, all of the matters set
forth on the Plat, and all amendments and supplements to this instrument and the Plat hereafter
recorded in the real property records of Garfield County, State of Colorado.
1.6 Lot. "Lot" or "Lots" shall mean the parcels of land designated as "Lot 1", "Lot
2", "Lot 3" and "Lot 4" on the Plat.
1.7 Owner. "Owner" or "Owner(s)" shall mean any individual, corporation,
partnership, limited liability company, joint venture, trust or other legal entity capable of holding
title to real property in Colorado that is the record owner of a fee simple interest in one or more
Lots according to the real property records of Garfield County, Colorado, and his, her or its heirs,
successors and assigns.
1.8 Plat. "Plat" shall mean the Plat of Deane Subdivision Exemption recorded at
Plat Book/ Oat Page,/*of the Office of the Clerk and Recorder of Garfield County, Colorado.
-70,1404
1.9 Property. "Property" shall mean the real property submitted to this
Declaration, consisting of "Lot 1", "Lot 2", "Lot 3" and "Lot 4" as designated on the Plat.
1.10 Resolutions of Approval. "Resolutions of Approval" shall mean Resolution
No. BOO -n and Resolution No. *XOo - 27, , of the Board of County Commissioners of
Garfield County, Colorado, granting a Flood Plain Special Use Permit and an Exemption from
the Definition of Subdivision to the Deane Subdivision Exemption.
1.11 Road Agreement. "Road Agreement" shall mean this Easement, Road Use
and Maintenance Agreement.
ARTICLE II
ROAD AND UTILITY EASEMENT
2. Access Road and Utility Easement. Easements are hereby dedicated and ratified to the
Owner(s) of the Lots described herein, as shown on the Plat.
{00133813.DOC / 1}
-2-
11111414110,H1i 1L41 ,Pl.1,4N1C14LA144.1N 5 11 1
Reception#: 742406
02/05/2008 01:20:27 PM Jean Rlberico
3 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO
2.1 Access Road and Utility Easement. The Declarant hereby sells and conveys a
private perpetual, non-exclusive easement and right-of-way thirty (30) feet in width as shown on
the Plat (the "Access Road") for the use, benefit and enjoyment of the Owner(s) of Lots 1, 2, 3
and 4 for purpose of access to and from Rose Lane extension to Lots 1, 2, 3 and 4, and for the
installation, repair, replacement and maintenance of underground utilities from Rose Lane
extension to Lots 1, 2, 3 and 4. The Access Road shall be located as set forth on the Plat.
Construction (including any permits and design requirements) of any driveways from the Access
Road to the Building Envelopes of any Lot will be the sole cost an expense of the Owner of the
Lot.
2.2 Construction of Access Road. Declarant will not be responsible for
construction of the Access Road, the responsibility and cost of which will be determined by the
Declarant upon the sale of the first Lot in the Deane Subdivision Exemption. The road standard
for such construction will be the minimum necessary to comply with the Resolutions of Approval
and the road standards and other regulations of Garfield County, Colorado then in effect. The
roadway within the Access Road will be a minimum unobstructed width of twenty (20') feet,
although the road platform or road -bed may be less than twenty (20') feet wide. All utilities will
be installed underground within the Access Road. Construction (including any permits and
design requirements) of any utilities to the Lots (including any portion located within the Access
Road) to the Building Envelope of any Lot will be the sole cost and expense of the Owner of the
Lot. The Declarant, and its successors and assigns, is granted a temporary construction easement
("Construction Easement") comprising an additional twenty (20) feet on north side of the Access
Road easement granted above, for purposes of construction of the Access Road and utilities.
Areas within the Construction Easement disturbed by the construction will be revegetated within
one growing season. No paving of the Access Road shall be allowed, unless approved by the
Declarant.
2.3 Maintenance and Insurance of Access Road. The Declarant will maintain,
repair and provide insurance for the Access Road until the sale of a Lot to a third party other than
the Declarant. Thereupon, the Owner(s) of Lots 1, 2, 3 and 4 will share such expenses of the
Access Road. The sharing ratio will be one-fourth to Lot 1, one-fourth to Lot 2, one-fourth to
Lot 3 and one-fourth to Lot 4. The Access Road will be maintained substantially in its currently
existing condition, or the minimum necessary to comply with the Resolutions of Approval and
the road standards and other regulations of Garfield County, Colorado. All snow removal shall
be sufficient to allow four wheel drive vehicles to have access over and across the Access Road.
All road maintenance, repair and improvements shall be made in a good and workmanlike
manner and in compliance with all applicable laws, regulations and codes.
2.4 Insurance. The Owner(s) responsible for insurance, at such Owner(s) cost and
expense, from and after the date of acquisition of an ownership interest in Lot 2, 3 or 4, will keep
in force a policy or policies of commercial general liability insurance (including blanket
contractual liability coverage and owned and hired motor vehicle coverage) with limits of
liability of not less than $1,000,000.00 for bodily injury, death or property damage occurring in
(00133813.DOC / 1)
-3-
1111 1111:lRI NII,G .111/411 .I411,10I4'I l 11 II
Reception#: 742406
02/05/2008 01:20:27 PM Jean Alberico
4 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO
any one accident. Such Owner(s) and all other Owner(s) Lots 1, 2, 3, and 4, will be named as
additional insureds on such policy and all renewals, extensions and modifications thereof. Not
more frequently than annually, if in the opinion of a majority of the Lots (with the Declarant
holding the right to vote to break any tie), the amount of commercial general liability insurance
coverage at the time is not adequate, the Owner(s) responsible for insurance shall increase the
insurance coverage as recommended by a majority of Owners of such Lots. All such insurance
policies: (a) shall be issued by reputable companies authorized to do business in the State of
Colorado; (b) shall not provide for a deductible greater than $5,000.00 without the prior written
consent of a majority of Owners of such Lots (which consent shall not be unreasonably
withheld); and (c) shall contain appropriate cross -liability endorsements denying an Owner(s)
insurer's rights of subrogation against the other Owners and their respective agents, employees
and representatives as to risks covered by such insurance; and (d) shall contain an endorsement
which prohibits cancellation, termination or modification without at least thirty (30) days' prior
written notice to all insureds and additional insureds. On request, an Owner shall furnish
certificates evidencing the aforesaid insurance coverage with proof of payment of premiums
within thirty (30) days prior to the expiration of any such policy or renewal thereof.
2.5 Future Improvements. The Owner(s) of Lot 1 shall not be obligated to
maintain, insure, improve or upgrade the Access Road; provided however, that the Owner(s) of
Lots 1, 2, 3 and 4 may upon unanimous consent at their own cost and expense improve or
upgrade any portion or all of the Access Road from time to time.
2.6 Snow Removal. All such snow removal sufficient to allow access via four
wheel drive vehicles to have access over and across the Access Road by police, sheriff, fire
protection, ambulance and other similar emergency agencies or persons, now or hereafter
providing emergency service to Lots 2, 3 or 4 shall be conducted by the Owner(s) or the Owners'
designated representative(s) at the expense of the Owners of Lots 2, 3 and 4 based upon the
above referenced percentages in Section 2.3.
2.7 Integration with Memorandum of Understanding. The Declarant's
predecessor in title has previously entered into that certain Memorandum of Understanding (the
"MOU") recorded June 2, 1997 as Reception No. 508933 in Book 1020 at Page 321 of the
records of Garfield County, Colorado. The MOU sets forth certain restrictions and obligations
with respect to a twelve (12') foot access easement granted to the owners of the three lots in the
Boyd and Day subdivision ("Boyd and Day Owners"). This Road Agreement does not grant to
the Boyd and Day Owners any rights, express or implied, and the rights and obligations of the
Declarant and his successors and assigns, and the rights and obligations of the Boyd and Day
Owners and their respective successors and assigns, shall continue to be governed by the MOU.
To the extent that the Boyd and Day Owners pay sums under the MOU with respect to repairs,
maintenance, insurance, or otherwise, those payments will be made to the Declarant until the
Declarant sells or conveys a Lot in the Deane Subdivision Exemption. Thereafter, any such
payments, credits or things of value paid or payable by or on behalf of the Boyd and Day Owners
will be allocated and paid or payable one-third to each of the three Owners of Lots 2, 3 and 4 in
(00133813.DOC/ 1)
-4-
1111KFIDWiliNfiilkl,141WEI41.thliiii1E111
Reception#: 742406
02/05/2008 01:20:27 PM Jean Rlberico
5 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO
the Deane Subdivision Exemption.
3. Collection of Expenses. Expenses under this Road Agreement incurred by the
Declarant or the Owners includes any expenses for any activity authorized to be performed
herein. All expenses shall be payable fifteen (15) days after the Declarant or the paying Owners
give a non-paying Owner notice of the amount of such non-paying Owner's expenses. The non-
paying Owner shall pay interest at an annual rate of eighteen percent (18%) on any expense not
paid within thirty (30) days after the due date thereof, which interest shall run from the original
due date until the date of payment. If the Declarant or the paying Owners engage an attorney to
collect any expense not paid when due, the non-paying Owner responsible for payment of such
expense shall reimburse the Declarant or the paying Owners for all costs of collection including,
without limitation, reasonable attorneys' fees. The amount of any such expense shall be a
personal obligation of the Owner of such Lot and such Owner's heirs, devisees, personal
representatives, successors and assigns and, if there are multiple Owners of one Lot, such
obligations shall be a joint and several obligation of each Owner of such Lot. A party acquiring
fee simple title to a Lot shall be jointly and severally liable with the former Owner of the Lot for
all such expenses which had accrued and were payable at the time of the acquisition of title by
such party without prejudice to such party's right to recover any of such amounts paid by such
party from the former Owner. No Owner shall be exempt from liability for payment of such
expenses either by waiver of the use or enjoyment of any roads, easements, or by abandonment of
such Owner's Lot. If any expense is not paid within sixty (60) days from the due date thereof, the
Declarant and the paying Owners shall have from the date of recording of this Road Agreement a
lien against each Lot to secure payment of all such expenses, and interest thereon at the annual
rate of eighteen percent (18%) from the due date thereof and together with all costs and expenses
of collecting such assessments and charges including reasonable attorney's fees. The lien may be
evidenced by the recording of a statement of lien, and the lien may be foreclosed in the manner
provided by Colorado for the foreclosure of mortgages encumbering real property.
4. Waiver of Subrogation. Notwithstanding any other provision of this Road Agreement
to the contrary, each party to this Road Agreement, and each subsequent Owner (and the heirs,
successors and assigns of each Owner) hereby waives any rights of recovery against any other
Owner for injury or loss on account of hazards covered by insurance required to be carried under
this Road Agreement (whether or not self-insured) to the extent of the amount of insurance
proceeds that party would have received under that insurance if that party had maintained all
insurance that party is required to maintain under this Agreement; provided, however, that this
release shall not be applicable to the portion of any damage which is not reimbursable by the
damaged party's insurer because of the 'deductible' permitted hereunder in the damaged party's
insurance coverage. All policies of insurance required to be carried shall include a clause or
endorsement denying to the insurer rights by way of subrogation to the extent rights have been
waived by the insured before the occurrence of injury or loss.
5. Notices. Any notice hereunder shall be given in writing and shall be deemed effective
upon the date of personal delivery, or three days after deposit in the United States Mail, postage
{00133813.DOC / 1}
-5-
1111 Ail VAN 111
Reception#: 742406
02/05/2008 01:20:27 PM Jean Alberico
6 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO
prepaid, certified mail, and properly addressed to the parties as follows:
If to the Declarant:
With copy to:
Doane H. Deane
0477 Rose Lane
Carbondale CO 81623
B. Joseph Krabacher, Esq.
Krabacher & Sanders P.C.
201 North Mill Street, Suite 201
Aspen, CO 81611
Any subsequent Owner of a Lot may be served with notice at the address set forth in the
deed of conveyance to such subsequent Owner. Any party to this Road Agreement, or its
successors and assigns, may designate or change their address for purposes of this Road
Agreement by giving notice as set forth above.
6. Indemnities. Subject to the cross waiver of subrogation set forth herein, each of the
parties hereto as Owners of the Lots described herein, and their respective heirs, successors and
assigns (the "Indemnifying Owner") agrees to protect, indemnify and hold harmless the other
party or Owner, and their respective successors and assigns (the "Indemnified Owners"), from
and against any loss, damage, claim or defense, against any and all suits, claims, demands,
expenses, losses, liabilities or damage of any kind or nature, including reasonable attorney's fees
and costs, arising directly or indirectly out of any claim of third parties asserted against the
Indemnified Owners: (i) attributable to any conduct of the Indemnifying Owner; (ii) relating to
the use of the Access Road by the Indemnifying Owner and its invitees and guests, whether
authorized or not authorized; (iii) for claims due to personal injuries or property damage caused
by the Indemnifying Owner and its invitees and guests; or (iv) due to mechanic's liens created by
conduct or acts of the Indemnifying Owner.
7. Compliance with Plat, Land Use Application and Resolutions of Approval.
Notwithstanding anything herein to the contrary, all parties will strictly comply with the Plat and
the Resolutions of Approval.
8. Binding Effect. The agreements herein contained shall be deemed covenants which
shall run with the real property herein above described and shall be binding on and shall inure to
the benefit of all parties having or acquiring any right, title, or interest, in such properties. The
foregoing notwithstanding, the Declarant reserves the right, at any time, to forego and abandon
the development of the Deane Subdivision Exemption as presented to (and/or approved by)
Garfield County, subject only to the requirements that: (i) Garfield County be notified in order to
complete a vacation of the Deane Subdivision Exemption; and (ii) if required, Declarant will
process an applicant to vacate the Deane Subdivision Exemption. In that event, this Road
Agreement shall remain in effect for any and all lots of the Deane Subdivision Exemption that
have been sold by Declarant, if any. Any new development plan which involves some (or all) of
{00133813.DOC /11
-6-
1111E1'1 i f'�1�I �,MJ�,�� ��i� �L�iJ�'��r;4 I+��,I ��N��� 11111
Reception#: 742406
02/05/2008 01:20:27 PM Jean Alberico
7 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO
the real property included in the Deane Subdivision Exemption shall require a discrete domestic
water supply plan and approval of said plan by Garfield County in accordance with all applicable
provisions of its land use code.
9. Amendment; Termination. Except as provided in Section 8 above, the provisions of
this Road Agreement may be amended only with the approval of the Declarant, and the Owners
of the Lots.
10. Entire Agreement. This Road Agreement contains the entire understanding of the
parties hereto. There are no representations, warranties, covenants or understandings other that
those expressly set forth herein.
10. Captions. The captions in this Road Agreement are for convenience only and shall not
be considered a part of or affect the construction or interpretation of any provision contained
herein.
11. Attorney's Fees. In the event of litigation to enforce this Road Agreement, the Court
shall award the prevailing party such party's attorney's fees and expenses.
Executed effective the day and year first above written.
IN WITNESS WHEREOF, the Declarant has signed this Road Easement to be effective
the day and year first above written.
STATE OF COLORADO )
7"/ /,‘/ )
COUNTY OF GLIZEIELD )
Acknowledged before me this day of -7""
ss
WITNESS my hand and official seal.
My commission expires: &,/- /7, 2 0 /o
(00133813.DOC / 1}
2008 by Doane H. Deane.
B. Joseph Krabacher
-7- 201 N. Mill St., #201
Aspen, Colorado 81611
VIII MY) BIll iitt, i NOM: bele, 1 II1
Reception#: 742407
02/05/2008 01:20:27 PM Jean Rlberico
1 of 16 Rec Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO
DECLARATION OF PROTECTIVE COVENANTS
FOR DEANE SUBDIVISION EXEMPTION
This Declaration of Protective Covenants for Deane Subdivision Exemption (the
"Declaration") is made and effective this /allay of , 2008, by Doane H. Deane (the
"Declarant").
This Declaration is made with reference to and in reliance upon the following facts:
A. "Deane Subdivision Exemption" is comprised of certain real property located in
Garfield County, Colorado (the "Property") as described on the Plat of the Deane Subdivision
Exemption recorded in Plat Book.IA at PageALA of the Office of the Clerk and Recorder of
Garfield County, Colorado (the "Plat"). t t, N 742 4 Uy
B. The Deane Subdivision Exemption was approved on Ft b, , 2008 by
Resolution No. ` - 73 and Resolution No. 2,0P9 R 2 2 , of the Board of County
Commissioners of Garfield County, Colorado, granting a Flood Plain Special Use Permit and an
Exemption from the Definition of Subdivision to the Deane Subdivision Exemption consisting of
three new lots that were created from a fathering parcel (collectively, the "Resolutions of
Approval").
C. Declarant is the owner of Deane Subdivision Exemption.
D. The Declarant desires to provide for the ownership, use and development of the Deane
Subdivision Exemption consistent with this Declaration and as provided by the Resolutions of
Approval.
In consideration of the mutual promises and covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Declarant hereby submits the Deane Subdivision Exemption to the following Declaration:
ARTICLE I
DEFINITIONS
1. Definitions. Unless otherwise provided for or defined herein, each capitalized term in
this Declaration or on the Plat for Deane Subdivision Exemption shall have the meaning
specified or used in the Act.
1.1 Act. "Act" shall mean the Colorado Common Interest Ownership Act (Article
33.3 of Title 38 of the Colorado Revised Statutes). The Deane Subdivision Exemption shall not
be subject to the Act pursuant to the exemption set forth in C.R.S. Sec. 38-33.3-116(1), except as
to those mandatory provisions of the Act applicable to all common interest communities.
(00133795.DOC i 1}
-1-
1111 in FSAIMhQ iikWNITX141 WWINW 11111
Reeeption#: 742407
02/05/2008 01:20:27 PM Jean Alberico
2 of 16 Rec Fee:581.00 Doc Fee:0.00 GARFIELD COUNTY CO
1.2 Building Envelope. "Building Envelope" means the area designated within a
Lot as shown on the Plat within which the principal residence must be built, and also means the
area designated within a Lot as shown on the Plat within which the Owner may construct
customary accessory structures, including but not limited to agricultural buildings, fences, ponds,
individual sewage disposal systems, and wells.
1.3 Deane Subdivision Exemption. "Deane Subdivision Exemption" shall mean
the real estate described on the Plat as "Lot 1", "Lot 2", "Lot 3" and "Lot 4", together with all
easements, rights-of-way, and appurtenances thereto and improvements erected thereon.
1.4 Declarant. "Declarant" shall mean Doane H. Deane.
1.5 Declaration. "Declaration" shall mean this instrument, all of the matters set
forth on the Plat, and all amendments and supplements to this instrument and the Plat hereafter
recorded in the real property records of Garfield County, State of Colorado.
1.6 Lot. "Lot" or "Lots" shall mean the parcels of land designated as "Lot 1",
"Lot 2", "Lot 3" and "Lot 4" on the Plat.
1.7 Owner. "Owner" or "Owner(s)" shall mean any individual, corporation,
partnership, limited liability company, joint venture, trust or other legal entity capable of holding
title to real property in Colorado that is the record owner of a fee simple interest in one or more
Lots according to the real property records of Garfield County, Colorado, and his, her or its heirs,
successors and assigns.
1.8 Plat. "Plat" shall mean the Plat of Deane Subdivision Exemption recorded at
Plat Book/VJ.at Page,N44--of the Office of the Clerk and Recorder of Garfield County, Colorado.
0.tt. !IJP,° 74/404
1.9 Property. "Property" shall mean the real property submitted to this
Declaration, consisting of "Lot 1", "Lot 2", "Lot 3" and "Lot 4" as designated on the Plat.
1.10 Resolutions of Approval. "Resolutions of Approval" shall mean Resolution
No. ',OhN g and Resolution No. kw K - 21, , of the Board of County Commissioners of
Garfield County, Colorado, granting a Flood Plain Special Use Permit and an Exemption from
the Definition of Subdivision to the Deane Subdivision Exemption.
1.11 Road Agreement. "Road Agreement" shall mean this Easement, Road Use
and Maintenance Agreement recorded at BookM , Pagev,'4 of the Office of the Clerk and
Recorder of Garfield County, Colorado. e c. .Nr, "7`'f 7,41 0(7
1.12 Water Agreement. The "Water Agreement" shall mean the Declaration of
Water Well Use and Maintenance recorded at Bookr\/ '4, PageN, 4 of the Office of the Clerk and
Recorder of Garfield County, Colorado. jti t, •'Vo. 7 yp. 4 p,5
(00133795.DOC / 1)
-2-
■III h'i� �SA� p ���� � � � � tL IIk I .N��� 11111
Reception#: 742407
02/05/2008 01:20:27 PM Jean Alberico
3 of 16 Rec Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO
ARTICLE II
GENERAL PURPOSES; SUBMISSION
2.1 General Purposes. This Declaration shall govern and be applicable to the Deane
Subdivision Exemption from and after the recording of this instrument in the Office of the Clerk
and Recorder of Garfield County, Colorado, and the lands and improvements comprising the
Deane Subdivision Exemption shall be forever burdened and benefitted by and subject to this
Declaration to the extent set forth herein, which Declaration shall run with the title to all of the
Lots within the Deane Subdivision Exemption.
2.2 Submission of Deane Subdivision Exemption. The Declarant hereby submits the
Deane Subdivision Exemption, together with all easements, rights-of-way, and appurtenances
thereto and the improvements erected thereon, to this Declaration. The Declarant declares that
all of the Deane Subdivision Exemption shall be held, leased, mortgaged, and sold and conveyed
subject to the following terms, easements, reservations, restrictions, covenants and conditions.
The Declarant further declares that this Declaration is made for the purpose of protecting the
value and desirability of the Deane Subdivision Exemption; that this Declaration shall run with
the Lots comprising the Deane Subdivision Exemption and shall be binding on all parties having
a right, title or interest in any Lot comprising the Deane Subdivision Exemption or any part
thereof, their heirs, devisees, legal representatives, successors and assigns, and shall inure to the
benefit of each and every Owner.
ARTICLE III
PROPERTY RIGHTS
3.1 Lots. By the Plat, the Deane Subdivision Exemption has been created, by subdivision
into four lots, including three (3) new Lots denominated Lots 2, 3 and 4, and a fourth parcel, the
fathering parcel, denominated Lot 1.
3.2 Title to Lots. Title to a Lot may be held by any Owner(s) in any form of concurrent
ownership recognized in Colorado. In case of any such concurrent ownership, each co -Owner
shall be jointly and severally liable for performance and observance of all the duties, obligations
and responsibility of an Owner with respect to the Lot in which such Owner owns an interest.
3.3 Legal Description. Any contract of sale, deed, lease, deed of trust, mortgage, will or
other instrument affecting a Lot shall legally describe it substantially as follows:
Lot , Deane Subdivision Exemption, according to the Plat of the Deane
Subdivision Exemption recorded Fe, 5- , 2008 in Plat Book 4 4 at Page
i/'/4 of the records of Garfield County, State of Colorado. R ec , 4/r, 71# 2'404
Every such description shall be good and sufficient for all purposes to sell, convey,
{00133795.DOC / 1)
-3-
■III IMY1FOMPIIIti M4•i iitillANKIO N 1I II1
Reception#: 742407
02/05/2008 01:20:27 PM Jean Alberico
4 of 16 Rec Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO
transfer, encumber, lease or otherwise affect any Lot. Any reference to this Declaration in the
deed or any other instrument shall be deemed to include any supplements or amendment to these
Protective Covenants regardless of the lack of a specific reference thereto.
3.4 Separate Assessment. Upon recording of this instrument, the Declarant may give
written notice to the Assessor of Garfield County, Colorado requesting that the Lots be separately
assessed, or may continue with a single assessment if permitted by the said Assessor.
3.5 Use Compliance. The use of the Lots shall comply with: (a) the terms, conditions,
and obligations set forth in this Declaration applicable to such Lot; (b) the Resolutions of
Approval applicable to such Lot; (c) the Road Agreement applicable to such Lot; (d) the Water
Agreement applicable to such Lot; and (e) all present and future laws, rules, requirements, orders,
directions, ordinances and regulations (including zoning regulations) affecting the Lots of any
governmental authority having jurisdiction over the Lots and of their departments, bureaus, or
officials; provided however that nothing contained herein shall limit or impair: (i) rights of
Owners, so long as such uses are not inconsistent with this Declaration, to use Lots for any
purposes that may, by operation of law, be "grandfathered" or nonconforming or legal or (ii) the
rights of any Owner to contest or challenge, by litigation or otherwise, any laws, rules,
requirements orders, directions, ordinances or regulations (including any zoning regulations)
affecting any of Deane Subdivision Exemption.
3.6 Right to Inspect. Declarant and/or his agents shall have the right to enter onto any Lot
upon reasonable notice for the sole purpose of inspecting the Lot for compliance with this
Declaration.
3.7 No Partition or Subdivision of Lots. No Owner of Lots 2, 3 or 4 may assert any right
of partition with respect to Lots 2, 3 or 4 and may not subdivide Lots 2, 3 and 4; provided that
this restriction shall not apply to the ownership of Lots 2, 3 or 4 by Declarant and his heirs and
devisees by will or probate. There are no restrictions on further subdivision of Lot 1. By
becoming an Owner, each Owner waives any and all rights of partition or subdivision such
Owner may hold with respect to such Owner's interest in Lots 2, 3 or 4. This Section 3.7 shall
not, however, limit or restrict the right of the Owner of a Lot to bring a partition action pursuant
to Section 38-28-101, et of the Colorado Revised Statutes requesting the sale of the Lot and
the division of the proceeds among such Owners; provided that no physical division of the Lot
shall be permitted as a part of such action and no such action shall affect any other Lot. Nothing
herein shall restrict an Owner from seeking approval of Garfield County, Colorado for a guest
house, accessory dwelling unit, or other accessory structures and buildings, subject only to the
prior approval of Declarant or his successors and assigns and any required architectural control
approval under Article VI.
3.8 No Public Dedication. Nothing contained in this Declaration, the Road Agreement,
the Water Agreement, or the Plat shall be deemed a grant or a dedication of all or any portion of
the Deane Subdivision Exemption to the public or for any public use unless such grant or
{00133795.DOC/ 1 }
-4-
1111 PA � �� �,�i �� �I�����1�� 11111
Reception#: 742407
02/05/2008 01:20:27 PM Jean Rlberico
5 of 16 Rec Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO
dedication is expressly provided for in the instrument specifically making such dedication.
3.9 Water Agreement. Lots 2, 3 and 4 of the Deane Subdivision Exemption are subject to
the terms and conditions set forth in the Water Agreement.
3.10 Road Agreement. Lots 1, 2, 3 and 4 of the Deane Subdivision Exemption are
subject to the terms and conditions set forth in the Road Agreement.
ARTICLE IV
DEVELOPMENT AND USE REQUIREMENTS AND RESTRICTIONS
4.1 Resolutions of Approval. The Declarant and all Owners shall adhere to the
requirements and restrictions set forth in, and enjoy the benefits of the Resolutions of Approval
to the extent specifically applicable to a Lot. In the event of any conflicts between the terms and
provisions of the Resolutions of Approval and the terms and provisions of this Declaration, the
terms and provisions of such Resolutions of Approval shall govern and control.
4.2 Restrictions On Lots.
(a) No further divisions by exemption from the rules of subdivision will be allowed.
(b) No open-hearth solid -fuel fireplaces will be allowed anywhere within an
exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401,
et seq., and the regulations promulgated hereunder, will be allowed in any
dwelling unit. All dwelling units will be allowed an unrestricted number of
natural gas burning stoves and appliances.
(c)
All exterior lighting will be the minimum amount necessary and all exterior
lighting will be directed inward and downward, towards the interior of the
subdivision, except that provisions may be made to allow for safety lighting that
goes beyond the property boundaries.
(d) Foundations and Individual Sewage Disposal Systems ("ISDS") shall be
engineered by a Professional Registered Engineer within the State of Colorado.
(e) Colorado is a "Right -to -Farm" state pursuant to C.R.S. § 35-3-101 et seq.,
Owners, residents and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with a strong rural character and a healthy
ranching sector. All must be prepared to encounter noises, odors, lights, mud,
dust, smoke chemicals, machinery on public roads, livestock on public roads,
storage and disposal of manure, and the application by spraying or otherwise of
chemical fertilizers, soil amendments herbicides, and pesticides, any one or more
{00133795.DOC / 1}
-5-
■III h?' F��1ih Q iiKU�fu� �i11�� Gh'�, f+��,P '�1 +, Ni� 1I II 1
Reception#: 742407
02/05/2008 01:20:27 PM Jean Alberico
6 of 16 Rec Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO
(f)
of which may naturally occur as a part of a legal and non -negligent agricultural
operation.
All owners of land, whether ranch or residence, have obligations under State law
and County regulations with regard to the maintenance of fences and irrigation
ditches controlling weeds, keeping livestock and pets under control, using
property in accordance with zoning, and other aspects of using and maintaining
property. Residents and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citizens of Garfield County. A
good introductory source for such information is "A Guide to Rural Living &
Small Scale Agriculture" published by the Colorado State University Extension
Office in Garfield County.
(g) One (1) dog will be allowed for each residential unit within a subdivision and the
dog shall be required to be confined within the owner's property boundaries.
(h) All manufactured homes or those to be substantially improved to be placed within
Zone A on a community's FEMA or FIRM shall be installed using methods and
practices which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated and anchored to resist flotation, collapse or
lateral movement. Methods of anchoring may include, but are not limited to, use
of over the top or frame ties to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind forces. A
manufactured home should be elevated a minimum of one (1) foot above the base
flood level and anchored to the elevated foundation. Notwithstanding the
foregoing, manufactured homes are not permitted on any of Lots 2, 3 or 4 of the
Deane Subdivision Exemption, without the prior approval of Declarant and his
successors and assigns.
(i)
Proper erosion and sediment control measures shall be taken during any site
construction disturbance, which shall include enclosing the construction
envelopes with silt fencing and hay bale check dams.
(j) The following uses and activities are prohibited in the Flood Fringe/Flood Prone
Areas:
{00133795.DOC / 1)
a. The development, use, fill, construction, substantial improvement or
alteration on or above any portion of the Flood Fringe or Flood Prone
Areas which alone, or cumulatively with other activities, would cause or
result in the danger of substantial solid debris being carried downstream by
flood waters;
b. The storage or processing of materials that in times of flooding are
-6-
1111KFNIVAPIIINSINaNUEDIIMN11111
Reception#: 742407
02/05/2008 01:20:27 PM Jean Alberico
7 of 16 Rec Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO
buoyant, flammable, explosive or otherwise potentially injurious to
human, animal or plant life,
c. The disposal of garbage or other solid waste materials, and
d. Any obstructions, which would adversely affect the efficiency of or
restrict the flow capacity of a designated flood plain so as to cause
foreseeable damage to others.
(k) The access road serving Lots 1, 2, 3 and 4 shall have a minimum unobstructed
width of 20 feet, a vertical clearance of 13'6" shall be required, and the road shall
be of a design capable of supporting the imposed load of the emergency apparatus
and shall be of an all-weather design.
(1) Defensible space should be created around all structures built on Lots 1, 2, 3 or 4
to prevent the spread of wildfire to the structures.
(m) All Individual Sewage Disposal Systems proposed for Lots 2, 3 and 4 shall be
located in the respective ISDS envelopes as delineated on the Plat and shall be
engineered by a Professional Registered Engineer within the State of Colorado in
accordance to the Guidelines on Individual Sewage Disposal Systems as adopted
by the Colorado State Board of Health.
(n) Due to the construction of buildings within the flood plain an alternative ISDS
design such as a moundable sand filter system will be required to elevate the
leeching area above the ground water elevation, flood water elevation, and be
prepared in accordance to the Guidelines on Individual Sewage Disposal Systems
as adopted by the Colorado State Board of Health. Dosing pumps shall be
integrated into each design to ensure that wastewater can be pumped up to the
proposed absorption area.
(o) The Owner of each Lot will manage noxious weeds according to the Colorado
Noxious Weed Act and the Garfield County Weed Management Plan, and any
site-specific weed management approved for the Deane Subdivision Exemption.
ARTICLE V
USE REQUIREMENTS AND EASEMENT
5.1 Nuisances and Negligence; Environmental Conditions. There shall be no noxious or
offensive activities carried on, in, or upon any of Lots 2, 3 or 4, and no loud noise or noxious
odors shall be permitted anywhere on, in or from Lots 2, 3 or 4 of the Deane Subdivision
Exemption. Nothing shall be done on, in or from Lots 2, 3 or 4 of the Deane Subdivision
Exemption, which may be or become an unreasonable annoyance or a nuisance to any other
{00133795 DOC / 1)
-7-
1111 IMYriFSAihidi liAllaIri lli' .14 11 II
Reception#: 742407
02/05/2008 01:20:27 PM Jean Rlberico
8 of 16 Rec Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO
Owner or any occupant of any Lot. No Owner or occupant of any Lot shall permit or cause
anything to be done or kept on the Deane Subdivision Exemption which will increase the rate of
insurance or which will result in the cancellation of such insurance. Each Owner shall be
accountable to the other Owners of Lots in the Deane Subdivision Exemption for the uses and
behavior of its tenants or guests.
5.2 Adoption of Rules and Regulations. Rules and regulations may be adopted by a vote
of three of the four Lots (specifically including Lot 1) concerning and governing the Deane
Subdivision Exemption, with the prior approval of Declarant. Copies of the rules and regulations
shall be posted or furnished to the Owners prior to the time they become effective. The Owners
of Lots 2, 3 and 4 shall be responsible for taking all acts and making any rules and regulations as
will ensure the maintenance of the Deane Subdivision Exemption to high standards of safety,
cleanliness and pleasing appearance. No Owner and no Owner's tenants, guests, or invitees shall
violate the rules and regulations adopted from time to time by the Association, whether relating
to the use of Lots, the use of the Deane Subdivision Exemption, or otherwise.
5.3 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's
tenants, guest or invitees, loss or damage shall be caused to any person or property, including the
Deane Subdivision Exemption or any Lot or improvements thereon, such Owner shall be liable
or responsible for the same, except to the extent that such damage or loss is covered by
insurance, and the carrier of the insurance has waived rights of subrogation against such Owner.
The amount of such loss or damage may be collected by the injured Owner from such Owner by
legal proceedings or otherwise, and such amount (including reasonable attorneys' fees incurred in
connection with enforcement of the Owner's rights hereunder), if unpaid, may be recorded as a
lien on the Lot of such Owner, and foreclosed in the same manner as foreclosure of a mortgage.
This indemnity and lien right shall not apply to any event arising out of the vehicular, equipment
or livestock use of the Property by Declarant and his employees, licensees, successors and
assigns.
5.4 Easements. The Declarant, for itself, its successors, assigns and licensees, hereby
reserves the following perpetual non-exclusive easements and rights-of-way:
(a) Utility Easement: An easement on, over, under, above and through: (i) those
portions of the Plat designated as "Access Easement", and (ii) all roadways and Lots
depicted on the Plat, excluding areas within any designated Building Envelope, for the
purpose of the following, and without limitation: (A) using, installing, constructing,
maintaining, improving, repairing and replacing drainage, water and utility facilities of
any kind or nature whatsoever, including but not limited to storm drainage facilities, fire
hydrants and related fire protection devices, water lines, irrigation lines and sprinkler
devices, underground electric lines, gas lines, telephone lines, cable television lines, fiber
optic lines and other communication facilities, (B) drainage of water flowing from other
lands, from ditches and from the Roaring Fork river; (C) water storage and distribution
facilities and (D) vehicular access for installation and maintenance for such utilities,
{00133795.DOC / 1)
-8-
■III NI PVIII P IIMPV.141141. al1/4171i# 11111
Reception#: 742407
02/05/2008 01:20:27 PM Jean Alberico
9 of 16 Rec Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO
together with the perpetual right of ingress and egress to and from such Easements
(collectively, hereinafter referred to as "Utility Purposes"). The Declarant reserves the
right, but has no obligation, to record a document specifying the boundaries of specific
easements within the above-described easement areas at any time or from time to time
after improvements related to such Utility Purposes have been constructed. This utility
easement may be modified and clarified by separate written instrument with the utility
provider.
(b) Water Easement: An easement on, over, under, above, across and through those
portions of roadways and Lots depicted on the Plat, excluding areas within any designated
Building Envelope, for the purposes of the following and without limitation: using,
installing, improving, maintaining, repairing and replacing facilities of any kind or nature
for the acquisition, treatment and transmission of domestic potable water and/or irrigation
water, including but not limited to wells, taps, water lines, ditches, tanks and treatment
facilities, together with the perpetual right of ingress and egress to and from such
easements. This utility easement may be modified and clarified by a separate written
instrument with the utility provider. No Owner may modify or construct any existing
water facility, device or structure, or install any new water facility, device or structure,
without the prior approval of Declarant or his successors and assigns.
5.5 Additional Covenants and Easements. Declarant may subject any portion of the
Deane Subdivision Exemption to additional covenants and easements, including covenants
obligating the Owners to maintain and insure such Property and authorizing the Owners (or a
subsequent association of Owners as described in Section 8.4) to recover their costs from all
other Owners. Such additional covenants and easements may be set forth in a Supplemental
Declaration referring to the property previously subjected to this Declaration. If someone other
than the Declarant owns the property, then the consent of the Owner(s) shall be necessary and
shall be evidenced by their execution of the Supplemental Declaration. Any such Supplemental
Declaration may supplement, create exceptions to, or otherwise modify the terms of this
Declaration as it applies to the subject Property.
ARTICLE VI
ARCHITECTURAL CONTROLS
6.1 General. No structure or things shall be placed, erected, or installed upon Lots 2, 3 or
4 and no improvements or other work (including staking, clearing, excavation, grading and other
site work, exterior alterations of existing improvements, or planting or removal of landscaping)
shall take place within the Deane Subdivision Exemption, except in compliance with this Article
VI and the Architectural Guidelines. No approval shall be required to repaint the exterior of a
structure in accordance with the originally approved color scheme or to rebuild in accordance
with originally approved plans and specifications. Any Owner may remodel, paint, or redecorate
the interior of his or her structures on a Lot without approval. However, modifications to the
interior of screened porches, patios, and similar portions of the structures on a Lot visible from
(00133795.DOC / 1)
-9-
1111 MIFITYlitklir 11111
Reception#: 742407
02/05/2008 01:20:27 PM Jean Rlberico
10 of 16 Rec Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO
outside the structure shall be subject to approval. All dwellings constructed on any portion of the
Deane Subdivision Exemption shall be designed by and built in accordance with the plans and
specifications of a licensed architect unless Declarant or its designee otherwise approves in its
sole discretion. This Article shall not apply to Declarant's activities.
6.2 Architectural Review.
(a) By Declarant. By accepting a deed or other instrument conveying any interest in any
portion of Lots 2, 3 or 4 of the Deane Subdivision Exemption, each Owner acknowledges that
Declarant has a substantial interest in ensuring that the improvements on Lots 2, 3 and 4 within
the Deane Subdivision Exemption enhance Declarant's ability to market, sell, or lease its
property. Therefore, each Owner agrees that no activity within the scope of this Article shall be
commenced on such Owner's Lot unless and until Declarant or its designee has given its prior
written approval for such activity, which approval may be granted or withheld in the Declarant's
or its designee's sole discretion. In reviewing and acting upon any request for approval,
Declarant or its designee shall be acting solely in Declarant's interest and shall owe no duty to
any other person. Declarant's rights reserved under this Article VI shall continue so long as
Declarant owns any portion of Deane Subdivision Exemption unless earlier terminated in an
instrument the Declarant records in the Garfield County, Colorado records. Declarant may
designate one or more persons to act on its behalf in reviewing applications hereunder. Declarant
may from time to time, but shall not be obligated to, delegate all or a portion of its reserved rights
under this Article VI to (I) an architectural review committee appointed by the Owners (the
"ARC"); or (ii) a committee comprised of architects, engineers, or other persons who may or may
not be Members of any Association described in Section 8.4. Any such delegation shall be in
writing specifying the scope of responsibilities delegated and shall be subject to (i) Declarant's
right to revoke such delegation at any time and reassume jurisdiction over the matters previously
delegated; and (ii) Declarant's right to veto any decision which Declarant determines, in its sole
discretion, to be inappropriate or inadvisable for any reason. So long as Declarant has any rights
under this Article VI, the jurisdiction of the foregoing entities shall be limited to such matters as
Declarant specifically delegates to them.
(b) Architectural Review Committee. Upon delegation by Declarant, the Association
described in Section 8.4, acting through the ARC, shall assume jurisdiction over architectural
matters. The ARC, when appointed, shall consist of at least three, but not more than five,
persons who shall serve and may be removed and replaced in the Owner's discretion. The
members of the ARC need not be members of the Association or representatives of members,
and may, but need not, include architects, engineers, or similar professionals, who may be
compensated in such manner and amount if any, as the Board may establish. Unless and until
such time as Declarant delegates all or a portion of its reserved rights to the ARC, the
Association shall have no jurisdiction over architectural matters.
(c) Fees; Assistance. For purposes of this Article VI, the person or entity having
jurisdiction in a particular case shall be referred to as the "Reviewer". The Reviewer may
{00133795.DOC / 11
-10-
■III PM. FtDIi' E �L �G�u�'U��,I�r�+�1�'I '�'� �I�� 111
Reception#: 742407
02/05/2008 01:20:27 PM Jean falberico
11 of 16 Rec Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO
establish and charge reasonable fees for review of applications and may require such fees to be
paid in full prior to review of any application. Such fees may include the reasonable costs
incurred in having any application reviewed by architects, engineers or other professionals.
Declarant and any Association may employ architects, engineers, or other persons as deemed
necessary to perform the review. All such fees shall be payable as required by the Reviewer to
ensure that the applicant reimburses or pays all costs of the review and approval process.
6.3 Guidelines and Procedures.
(a) Architectural Guidelines. Declarant may prepare the initial Architectural Guidelines,
which may contain general provisions applicable to all of Deane Subdivision Exemption, as well
as specific provisions that vary from Lot to Lot. The Architectural Guidelines are intended to
provide guidance to Owner(s) and Builder(s) regarding matters of particular concern to the
Reviewer in considering applications. The Architectural Guidelines are not the exclusive basis
for decisions of the Reviewer and compliance with the Architectural Guidelines does not
guarantee approval of any application. Declarant shall have sole and full authority to amend the
Architectural Guidelines as long as it owns any portion of the Deane Subdivision Exemption,
notwithstanding a delegation of reviewing authority to the ARC, unless Declarant also delegates
the power to amend the Architectural Guidelines to the ARC. Upon termination or delegation of
Declarant's right to amend, the ARC shall have the authority to amend the Architectural
Guidelines with the consent of the Association. Any amendments to the Architectural Guidelines
shall be prospective only and shall not apply to require modifications to or removal of structures
previously approved once the approved construction or modification has commenced. There
shall be no limitation on the scope of amendments to the Architectural Guidelines, and such
amendments may remove requirements previously imposed or otherwise make the Architectural
Guidelines less restrictive. The Reviewer shall make the Architectural Guidelines available to
Owner(s) and Builder(s) who seek to engage in development or construction within Lots 2, 3 or 4
or elsewhere within the Access Road on the Deane Subdivision Exemption. In Declarant's
discretion, such Architectural Guidelines may be recorded, in which event the recorded version,
as it may unilaterally be amended from time to time, shall control in the event of any dispute as
to which version of the Architectural Guidelines was in effect at any particular time.
(b) Procedures. Except as otherwise specifically provided in the Architectural
Guidelines, no activities shall commence on any portion of Lots 2, 3 or 4 or elsewhere within the
Access Road on the Deane Subdivision Exemption, until an application for approval has been
submitted to and approved by the Reviewer. Such application shall include plans and
specifications showing site layout, structural design, exterior elevations, exterior materials and
colors, landscaping, drainage exterior lighting, irrigation, and other features of proposed
construction, as applicable. The Architectural Guidelines and the Reviewer may require the
submission of such additional information as may be reasonably necessary to consider any
application. In reviewing each submission, the Reviewer may consider any factors he or it deems
relevant, including, without limitation, harmony of external design with surrounding structures
and environment. Decisions may be based on purely aesthetic considerations. Each Owner
{00133795.DOC / 1)
-11-
■III lrir'i Ft�l�lr'���i�� ���+�'�+� �Ia�I�J+'I�'�� 141�� 11111
Reception#: 742407
02/05/2008 01:20:27 PM Jean Alberico
12 of 16 Rec Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO
acknowledges that determinations as to such mattes are purely subjective and opinions may vary
as to the desirability and/or attractiveness of particular improvements. The Reviewer shall have
the sole discretion to make final, conclusive, and binding determinations on matters of aesthetic
judgment and such determinations shall not be subject to review so long as made in good faith
and in accordance with the procedures set forth herein. The Reviewer shall make a
determination on each application within 30 days after receipt of a completed application and all
required information. The Reviewer may (i) approve the application, with or without conditions;
(ii) approve a portion of the application and disapprove other portions; or (iii) disapprove the
application. Upon delegation of Declarant's rights under this Article, the ARC shall notify
Declarant in writing within three business days after the ARC has approved any application with
the scope of matters delegated to the ARC by Declarant. The notice shall be accompanied by a
copy of the application and any such information Declarant may require. Declarant shall have 10
days after receipt of such notice to veto any such action, in its sole discretion, by written notice to
the ARC. The Reviewer shall notify the applicant in writing of the final determination on any
application within five days thereafter or, with respect to any determination by the ARC subject
to Declarant's veto right, within five days after the earlier of: (i) receipt of notice of Declarant's
veto or waiver thereof; or (ii) expiration of the 10 day period for exercise of Declarant's veto. In
the case of disapproval, the Reviewer may, but shall not be obligated to, specify the reasons for
any objections and/or offer suggestions for curing any objections. In the event that the Reviewer
fails to respond in a timely manner, approval shall be deemed to have been given, subject to
Declarant's right to veto pursuant to this Section. However, no approval, whether expressly
granted or deemed granted, shall be inconsistent with the Architectural Guidelines unless a
written variance has been granted pursuant to Section 6.5. Notice shall be deemed to have been
given at the time the envelope containing the response is deposited with the U.S. Postal Service.
However, personal delivery of such written notice shall be sufficient and shall be deemed to have
been given at the time of delivery to the applicant. If construction does not commence on a
project for which plans have been approved within one year after the date of approval, such
approval shall be deemed withdrawn and it shall be necessary for the Owner to reapply for
approval before commencing any activities. Once construction is commenced, it shall be
diligently pursued to completion. All work shall be completed within one year of
commencement unless otherwise specified in the notice of approval or unless the Reviewer
grants an extension in writing, which it shall not be obligated to do. If approved work is not
completed within the required time, it shall be considered nonconforming and shall be subject to
enforcement action by the Association, Declarant or any aggrieved Owner. The Reviewer may,
by resolution, exempt certain activities from the application and approval requirements of this
Article, provided such activities are undertaken in strict compliance with the requirements of
such resolution.
6.4 No Waiver of Future Approvals. Each Owner acknowledges that the persons
reviewing applications under this Article VI will change from time to time and that opinions on
aesthetic matters, as well as interpretation and application of the Architectural Guidelines, may
vary accordingly. In addition, each Owner acknowledges that it may not always be possible to
identify objectionable features until work is completed, in which case it may be unreasonable to
{00133795.DOC /1}
-12-
Mi MFtp rElifi', ikMi14,1114 11111
Reception#: 742407
02/05/2008 01:20:27 PM Jean Alberico
13 of 16 Rec Fee:$81.00 Doc Fee:0,00 GARFIELD COUNTY CO
require changes to the improvements involved, but the Reviewer may refuse to approve similar
proposals in the future. Approval of applications or plans, or in connection with any other matter
requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval
as to any similar applications, plans, or other matters subsequently or additionally submitted for
approval.
6.5 Variances. The Reviewer may authorize variances from compliance with any of its
guidelines, and procedures when circumstances such as topography, natural obstructions,
hardship, or aesthetic or environmental considerations require, but only in accordance with duly
adopted rules and regulations. No variance shall (a) be effective unless in writing; (b) be
contrary to this Declaration; or (c) preclude the Reviewer from denying a variance in other
circumstances. For purposes of this Section, the inability to obtain approval of any governmental
agency, the issuance of any permit or the terms of any financing shall not be considered a
hardship warranting a variance. Any such variance by the ARC shall be subject to the veto rights
of Declarant.
6.6 Limitation of Liability. The standards and procedures established by this Article VI
are intended as a mechanism for maintaining and enhancing the overall aesthetics of the Deane
Subdivision Exemption; they do not create any duty to any person. Review and approval of any
application pursuant to this Article VI may be made on the basis of aesthetic considerations only,
and the Reviewer shall not bear any responsibility for ensuring the structural integrity or
soundness of approved construction or modifications, nor for ensuring compliance with building
codes and other governmental requirements, nor for ensuring that all dwellings are of comparable
quality, value or size, of similar design, or aesthetically pleasing or otherwise acceptable to
neighboring property owners. Declarant, the Association, other Owners, any committee, or
member of any of the foregoing shall not be held liable for soil conditions, drainage or other
general site work; any defects in plans revised or approved hereunder; any loss or damage arising
out of the action, inaction, integrity, financial condition, or quality of work of any contractor or
its subcontractors, employees, or agents whether or not Declarant has approved or featured such
contractor as a builder in Colorado; or any injury damages, or loss arising out of the manner or
quality or other circumstances of approved construction on or modifications to any Unit.
6.7 Certificate of Compliance. Any Owner may request that the Reviewer issue a
certificate of architectural compliance certifying that there are no known violations of this Article
VI or the Architectural Guidelines. The Reviewer shall either grant or deny such request within
30 days after receipt of a written request and may charge a reasonable administrative fee for
issuing such certificates.
ARTICLE VII
ENFORCEMENT
7.1 Enforcement. Any Owner may enforce the restrictions, conditions, covenants and
reservations imposed by the provisions of this Declaration by proceedings at law or in equity
{00133795.DOC / 1)
-13-
11111r'MVAIM E,aiitaii1ului41:140 i i , 11111
Reception#. 742407
02/05/2008 01:20:27 PM Jean Rlberico
14 of 16 Rec Fee:581.00 Doc Fee:0.00 GARFIELD COUNTY CO
against any person or persons, either to recover damages for such violation, including reasonable
attorney's fees incurred in enforcing these covenants, or to restrain such violation or attempted
violation. Failure of any Owner to enforce any covenant or restriction herein contained shall in
no event be deemed a waiver of the right to do so thereafter.
ARTICLE VIII
MISCELLANEOUS
8.1 Compliance with Plat, Land Use Application and Resolutions of Approval.
Notwithstanding anything herein to the contrary, all Owners will strictly comply with the Plat
and the Resolutions of Approval.
8.2 Severability. Each of the provisions of this Declaration shall be deemed independent
and severable. If any provision of this Declaration or the application thereof to any person or
circumstances is held invalid, the invalidity shall not affect other provision or applications of this
Declaration which can be given effect without the invalid provisions or applications.
8.3 Amendment., Termination.
(a) Amendment of Declaration. The provisions of this Declaration may be amended with
the approval of three of the four Lots shown on the Plat. This Declaration may be terminated
only if all of the Owners agree to such termination by an executed acknowledge instrumentality
duly recorded in the real estate records of Garfield County, Colorado.
(b) Amendment of Plat. Building Envelopes may be relocated only with the approval of
Garfield County and the Declarant, but need not obtain approval of any other Lot Owner.
Declarant has the right to amend the Building Envelopes only with the approval of Garfield
County, and need not obtain approval of any other Lot Owner. The Plat may be amended only
with the approval of Garfield County and the Declarant, but need not obtain approval of any
other Lot Owner. Declarant has the right to amend the Plat only with the approval of Garfield
County, and need not obtain approval of any other Lot Owner.
(c) Withdrawal of All or Portion of Property. Declarant reserves the right to amend this
Declaration, for the purpose of removing any portion of the Deane Subdivision Exemption which
has not been sold to, and is then owned by, any third party other than the Declarant. Such
amendment shall not require the consent of any person other than the Owners of the property to
be withdrawn, if not the Declarant. In such event Garfield County shall be notified in order to
complete a vacation of the Deane Subdivision Exemption, and, if required, Declarant shall
process an application to vacate the Deane Subdivision Exemption.
8.4 Declarant's Reserved Rights. In addition to any rights reserved to the Declarant
herein, the Declarant shall also have the right to develop, redevelop, divide or subdivide Lots 1, 2
3 or 4, or any combination thereof. Declarant may, at any time, form an unincorporated non-
(00133795.DOC / 1)
-14-
Reception#: 742407
02/05/2008 01:20:27 PM Jean Rlberico
15 of 16 Rec Fee:581.00 Doc Fee:0.00 GARFIELD COUNTY CO
profit association, and transfer to the association, any or all of Declarant's reserved and other
rights. In such event, all Owners of Lots in the Deane Subdivision Exemption shall be deemed to
automatically become members of the association. The association will be governed by the
Colorado Unincorporated Non -Profit Association Act, as amended from time to time (the "Non -
Profit Act"). Unless a greater vote is required by this Declaration or the Non -Profit Act, the
affirmative vote of three of the four Lots and the affirmative vote of the Declarant, shall be
required to take action. References herein to the "Declarant" will include Declarant's heirs,
successors, assigns and licensees.
8.4 Term of Protective Covenants. This Declaration shall continue and remain in full
force and effect in perpetuity.
8.5 Singular Includes the Plural. Unless the context otherwise requires, the singular shall
include the plural, and the plural shall include the singular, and each gender referral shall be
deemed to include the masculine, feminine and neuter.
8.6 Captions. All captions and titles used in this Declaration are intended solely for
convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in
any paragraph, section or Article hereof.
8.7 Colorado Law. The interpretation, enforcement and any other matters relative to this
Declaration shall be constructed and determined in accordance with the laws of the State of
Colorado.
8.8 Provisions Incorporated in Deeds. Each provision contained in this Declaration shall
be deemed incorporated in each deed or other instrument by which any right, title or interest in
any Lot is granted, devised or conveyed, whether or not set forth or referred to in such deed or
other instrument.
8.9 Run With the Land. The Owners, for themselves, their heirs, successors and assigns,
hereby declare that all of the Deane Subdivision Exemption shall be held, used and occupied
subject to the provisions of this Declaration, and to the covenants and restrictions contained
herein, and that the provisions hereof shall run with the land and be binding upon all persons who
hereafter become the Owners of any interest in the Deane Subdivision Exemption. The
foregoing notwithstanding, the Declarant reserves the right, at any time, to forego and abandon
the development of the Deane Subdivision Exemption as presented to (and/or approved by)
Garfield County, subject only to the requirements that: (i) Garfield County be notified in order to
complete a vacation of the Deane Subdivision Exemption; and (ii) if required, Declarant will
process an applicant to vacate the Deane Subdivision Exemption. In that event, this Declaration
of Protective Covenants for Deane Subdivision Exemption shall remain in effect for any and all
lots of the Deane Subdivision Exemption that have been sold by Declarant, if any. Any new
development plan which involves some (or all) of the real property included in the Deane
Subdivision Exemption shall require a discrete domestic water supply plan and approval of said
{00133795.DOC / 1)
-15-
■III h'i� f't�Mi��h�� �P���«�'L�� �I'h�titi'I�i�:L�����l��i 11111
Reception#: 742407
02/05/2008 01:20:27 PM Jean Alberico
16 of 16 Rec Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO
plan by Garfield County in accordance with all applicable provisions of its land use code.
8.10. Attorney's Fees. In the event of litigation to enforce this Declaration, the Court shall
award the prevailing party such party's attorney's fees and expenses.
IN WITNESS WHEREOF, the Declarant has signed this Declaration for Deane
Subdivision Exemption to be effective the day and year first above written.
DEC ARANT:
. Deane
STATE OF 0 ORADO )
COUNTY OF 6'71 -In -TEED )
Acknowledged before me this /°ay of '244/ 2008 by Doane H. Deane.
WITNESS my hand and official seal.
My commission expires: b/ - /7 _ zo/p
ss
100133795.DOC / 1)
Notary Public
B. Joseph Krabacher
201 N. Mill St., #201
Aspen, Colorado 81611
-16-
L
eG'ay Eu f 6,;12, a,
DEANE FAMILY
0477 ROSE LANE
CARBONDALE, CO 81623-9543
(970) 963-2149
Coiec‘icil,/&
ri COMMUNITY BANKS
OF COLORADO
970.544.8282
16003 59116 1: LO 2 LO 20 L 31: 503 8L 9o'
3559
/C) e 82-201-1021
$ JG5
ry Femra
GREEN WIRE.
£4; fiofe‘a72-le
DEANE FAMILY
0477 ROSE LANE
CARBONDALE, CO 81623-9543
(970) 963-2149
6151-4,4---A4)
3560
/° 82-201-1021
G14
CST
ilCOMMUNITY BANKS .
OF COLORADO
.jC74.4,,iia 970.544.8282
D ..Ne 04e444",. Cie S c2d )
"003 5600 LO 2 LO 20 L 31: 50 3 8 L8 9"
NP
GREEN MARBLE