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HomeMy WebLinkAbout2.0 Submittals466U34 • J01 Rnn•(l!l(19•,�•156 P 1G�t 5113DLYISION KIEMENTS _CRXEMEHT /4 THISIAGREEMENT, made and entered into this / day of 1994, by and between Peter J. Christeleit and Linda L. Christeleit (hereinafter referred to as "Christeleit"), and the Board of County Commissioners of Garfield County, Colorado, (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, Christeleits are the owners of certain real property located in Garfield County, Colorado, more particularly described on the final plat for Christeleit Views Subdivision which is filed on even date herewith and on Exhibit "A" attached hereto and incorporated herein by this reference, which real property is now known as Christeleit Views Subdivision (hereinafter referred to as the "Agreement") with the Count;; and WHEREAS, as a condition of approval of the final plat for the Subdivision, the Christeleits wish to enter into this Subdivision Improvements Agreement (hereinafter referred to as the "Agreement") with the County; and WHEREAS, the County has required and the Christeleits have agreed to provide security or collateral sufficient in the judgment of the County to make reasonable provision for the completion of certain public improvements as set forth on Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, the Christeleits have agreed to execute and deliver a letter of credit to the County, running in favor of the County, to secure and guarantee their performance for all phases of public improvements to be installed pursuant to this Agreement and have agreed to certain restrictions regarding the issuance of building permits and certificates of occupancy within the subdivision, all as more fully set forth hereinafter; NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. Christeleits Performance. On or before October 1, 1:94, the Christeleits agree to construct and install, or cause to be constructed and installed, at their sole expense, those public improvements set forth on Exhibit "B". The Christeleits agree that all public improvements are to be completed as identified on Exhibit "B" and shall be constructed in compliance with the following: a) All final plat documents submitted prior to. or at the time of the final plat approval. -1- b) All laws of the United States, State of Colorado and its various agencies, affected special districts, and/or municipalities providing utility services and the resolutions and regulations of Garfield County, Colorado. c) Such other designs, drawings, maps, specifications, sketches and other matter submitted to and approved by any of the above stated governmental entities which shall be certified by a professional engineer registered to practice in the State of Colorado. The County agrees that if improvements are installed in accordance with this Agreement, final plat documents and the requirements of the preliminary plan and further that if all of the other requirements of this Agreement and preliminary plan are met, then the Christeleits shall be deemed to have satisfied all terms and conditions of the zoning and subdivision laws, resolutions and regulations of Garfield County, Colorado, including, but not limited to, Resolution 93-082 adopted by the County on September 13, 1993. 2. Cost of Improvements. It is understood for purposes of this Agreement that the cost of all of said public improvements shall be $ , which is based upon the engineering cost estimates set forth on Exhibit "B" for the Subdivision, which amount the County finds reasonable and hereby approves and accepts. The Christeleits shall provide, on request of the County, written confirmation of such estimates by Christeleits engineering consultants. 3. Security for Improvements. On or before the recording of the final plat for the Christeleit Subdivision, the Christeleits shall deliver a letter of credit to the County issued by a State or National Banking Institution licensed to do business in the State of Colorado, and a form acceptable to the County, which acceptance shall not be unreasonably withheld. The amount of said letter of credit shall be equal to the sum designated on Exhibit "B" for all construction costs associated with the public improvements of the Subdivision. Said letter of credit shall remain valid to April 1, 1995 being 6 months after the expected completion date of the improvements set forth herein. In the event the Christeleits fail to deliver said letter of credit to the County in the sum specified, for the necessary public improvements for the Subdivision, ..j the date specified above, then the plat of the Subdivision may be vacated by the County, and in such event all approvals of the Subdivision by the County shall be deemed to have been withdrawn and rendered null and void by such vacation and all parties shall be released from any further obligation here and under. Contemporaneously with the execution of this Agreement, the Christeleits have delivered their written consent to said vacation of the final plat as specified above in the event acceptable -2- inno1090 i'ir 138 letters of credit are not delivered within the time specified and for the amount specified, and this consent is binding upon their successors and assignees. Upon the execution and recording of the final plat for the Subdivision the Christeleits may convey title to the lots in the Subdivision, however, the County shall not be required to issue building permits for any buildings to be constructed within the Subdivision until such time as all improvements for the Subdivislor, have been accepted by the County, which acceptance shall not be unreasonably withheld, provided that in the event weather or other factors, beyond the reasonable control of the Christeleits, delay construction of improvements, such delays shall not prevent the issuance of building rarmits so long as the letter of credit remain in full force and effect. Upon receipt from the Christeleits of their professional engineer's certification that the public improvements set forth on Exhibit "B" for the Subdivision have been completed and paid for and the County has accepted said improvements, the County shall return to the Christeleits the letter of credit securing the public improvements, as specified on Exhibit "B", and marked "satisfied in full" and shall acknowledge that all such improvements have been completed in a satisfactory manner and shall otherwise release the aforesaid letter of credit for the improvements, and a recordable form if requested by the Christeleits. The County may, at its option, permit the Christeleits to substitute other collateral acceptable to the County for the collateral originally given by the Christeleits, to secure the completion of the improvements as hereinabove provided. 4. water Rights Christeleit has contemporaneously herewith transferred by a Quit Claim Deed a co attached marked Exhibit C and made a part hereof y fbyhthisichis reference torthe Christeleit Views Subdivision Homeowners Association all its interest in water service contract No. 205 with the Basalt Water Conservancy District and all attendant interest in any water rights or decree of Augmentation related to said water service contract along with an undivided 7/12 interest in all pipelines, water pump, water tank, pump house and other personal property which are a part of the community water system serving the subdivision. 5. Notice of Defic'enc'es. If the County determines that the improvements are not constructed in compliance with the specifications therefore, it shall furnish a written list of specific deficiencies to Christeleits. If the deficiencies have not been corrected, or if satisfactory arrangements have not been made to correct such deficiencies, within 30 days after the list is furnished to the Christeleits, the County may draw on such delivered letter of credit for such funds as may be necessary to complete the construction of the required improvements in accordance with such specifications. -3- pnnJ19O9 :,.159 F. Enforcement. In addition to any rights which may be provided by Colorado Statute, it is mutually agreed that the County or any purchaser of a lot or unit within the Subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel the enforcement of this Agreement. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot or unit contrary to the provisions of this Agreement, or as set forth on the plat of the Subdivision, or in any separate recorded instrument. Any such action shall be commenced prior to the issuance of a building permit by the County for such lot or unit; and in the event no such action is so commenced, then the County and any purchaser shall be deemed to have waived their rights and authority herein provided. 7. Revegetation of Cut Slopes. All cut slopes created during construction of improvements shall be revegetated with native grasses using certified weed -free seed. 8. Consent to Vacate Final Plat. In the event the Christeleits fail to comply with the terms of this Agreement, the County shall have the ability to vacate the plat as it pertains to undeveloped lots only. Any existing developed lots, or lots which subdivision improvements have been properly constructed, shall not bt vacated and the plat as to those lots shall remain valid. Christeleits shall provide a survey and complete legal description with a map showing the location of any portion of the plat so vacated. 9. Approval of Plat. The County agrees to approval of the plat subject to the terms and conditions of this Agreement. 10. Amendment. This Agreement may be amended from time to time, provided that such amendment be in writing and signed by the parties hereto. 11. Binding Effect. This Agreement shall be a covenant running with the title to each lot or unit within the Subdivision and the rights and obligations as contained as contained herein shall be binding upon and inure to the benefit of Christeleits, their heirs, successors and assigns. -4- Done this day of , 1994. ATTEST: CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, EX OFFICIO CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO snnM6909 "tri 160 BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, C•LORADO CHAIRM -5- CHRIST INDA L. HRISTELEIT C • ano00909 t, .161 EXHTRTT "A" PROPERTY DESCRIPTION A FARM. of LAND stTUAMEn IN SECTION 30, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL HEINC MORE IPARTICULARLY DESCPIBED AS FOLLOWS: COFUIENCING AT THE NORTHEAST CORNER OF SECTION 25, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTII PRINCIPAL MERIDIAN; THENCE S 01°28'54" E ALONG THE WESTERLY LINE OF SAID SECTION 30 551.78 FEET TO Ilir TRUE. POINT OF BEGINNING; THENCE S 89.38'30" E 1094.29 FEET; THENCE N 00.00'00" E 551.16 FEET; THENCE.N 90.00'.00" E 1184.58 FEET; THENCE S 01.11'45" E 1022.19 FEET; THENCE N 89.38'30" H 2288.24 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 30; THENCE N 01.28'54" W ALONG SAID WESTERLY LINE 463.50 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 39.511 ACRES, MORE OR LESS. MAY -85-1994 Ely: c�.r c 77e r Nerh7e'f eitv(1 May 5, 199 010H COUNTFY ENG I t LEEP i ! & • t1ost•G •• bbr•-rasM lax tra Andrew McGregor Garfield County Planning 109 8th Street, Third Floor Glenwood Springs, CO 81601 RE: Christeleit Subdivision HCP_ Job No. 90057.004 Dear Andrew: ••!`ire L 7_Cr • 1,40909 1.62 The construction remaining to be performed on the Christeleit Subdivision and its estimated cost is as fellows: 1. Electric - S19,500. 2. Phone - $3,000. 3. Grading, 6" pit run, and 4" Class 6 topping for road continuation to cul-de-sac - $12,000. 4. water System - $9,500 This statement of probable construction cost was prepared for estimating purposes only, but was based upon costs obtained from contractors. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. If you have any questions, please call. Sincerely, HIGH COUNTRY ENGINEERING, INC. T' othy P. k, P.E. Piincipal Engineer TPB:ijm 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303.945-8676 • FAX: 303-945-2555 TOTI L P.01 . CONSENT TO VACATION OF FINAL PLAT The undersigned consents to the vacation of the Final Plat of the Christeleit Views Subdivision if the terms outlined in the Subdivision Agreement executed at the time of approval of the final plat are not reasonably satisfied. Dated this 10 day of July, 1994. - PETER HRISTELEI NDA L. CHRISTELEIT • • 100, / pirri64 S6. 466936 }ui+e 1110, .L QUIT CLAIM DBID GARFIi-AV Stnto Doc. r,x JUi i 0 PM x fes- _ THIS DEED; Made this) day of July, 1994, between Peter J. Christeleit and Linda L. Christeleit of the County of Garfield and State of Colorado, grantor(s), and Christeleit Views Subdivision Homeowners' Association whose legal address is P.O. Box 6A1 Glenwood Springs, 81602 of the County of Garfield and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of ten dollars and other good and valuable considerations the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto the grantee(s), its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(sl ha in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: All of Grantors interest in Basalt Water Conservancy District Water Allotment Contract No. 205 dated November 9, 1992 and all attendant interest in any water rights or decree of Augmentation related to said water service contract. An undivided 7/12 interest in all pipelines, water pump, water tank, pump house and other personal property which is a part of the community water system serving the Christeleit Views Subdivision and Colorado Division of Water Resources Well Permit No. 042574 issued June 23, 1993. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), its heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) _lave ter J the date set forth above. STATE OF COLORADO, }ss. County of Garfield } executed this deed on r steleit 26 inda L. Christeleit The foregoing instrument was acknowledged before me this /54 day of July, 1994, by Peter J. Christeleit and Linda L. Christeleit. My commission expires: 'l./ I1 Witness my hand and official seal. /s / Notary Pub is JUL 7 r- tco 46693? Jut 'ntga4 GAwIELD QUIT cLAxM DEED Stnt ' rlc, . Cn., 100,Q909:1465 r xiu. THIS DEED, Made this day of July, 1994, between Peter J. Christeleit and Linda L. Christel±it of the County of Garfield and State of Colorado, grantor(s), and Christeleit Subdivision Homeowners' Association whose legal address is P.O. Box 681 Glenwood Sprigs, 81(02 of the County of Garfield and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of ten dollars and other good and valuable considerations the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto the grantee(s), its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) ha in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: A11 of Grantors interest in Basalt Water Conservancy District Water Allotment Contract No. 127 dated May 30, 1990 and all attendant interest in any water rights or decree of Augmentation related to said water service contract. An undivided 5/12 interest in all pipelines, water pump, water tank, pump house and other personal property which is a part of the community water system serving the Christeleit Views Subdivision and Colorado Division of Water Resources Well Permit No. 042574 issued June 23, 1993. TO IIAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and tehoof of the grantee(s), its heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) have executed this deed on the date set forth above. '�ete .-Christeleir inda L. C�hriste ei STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this /�4 day of July, 1994, by Peter J. Christeleit and Linda L. Christeleit. My commission expires: / /• Witness my hand and official seal. Zzx rA Notary Pub 1c 1 • • DECLARATION OF PROTECTIVE COVENANTS FOR CHRISTELEIT VIEWS SUBDIVISION WHEREAS, PETER J. CHRISTELEIT and LINDA L. CHRISTELEIT (Declarants) are the owners of the real property described in Exhibit "A" attached hereto and incorporated herein by this reference, which property is situated in the Spring Valley area, Garfield County, State of Colorado, described as the Christeleit Views Subdivision, as the same appears on the Final Plat filed for record on , 1994, in the office of the Clerk and Recorder, Garfield County, Colorado; and WHEREAS, Declarants, being desirous of protecting property values and protecting the health, convenience and welfare of the owners of the lots in the Subdivision do hereby make, establish, publish, declare and impose the following restrictive and protective covenants, conditions, uses, limitations and obligations; and which covenants shall apply to all persons who now own or may hereafter acquire an interest in any portion of the Subdivision and all of which covenants shall be deemed to run with the title of the land and inure to the benefit of and be binding upon the Owner and the Owner's successors in interest in title to the Subdivision or any portion thereof, so long as these restrictive and protective covenants shall remain in force. 1.0 DEFINITIONS. As used in these Protective Covenants, the following words and terms shall have the following meanings: 1.1 Subdivision shall mean Christeleit Views Subdivision. 1.2 HOA shall mean Christeleit Views Subdivision Homeowners' Association. 1.3 ACC shall mean the Architectural Control Committee for the Subdivision. 1.4 Lot shall mean any lot, tract or parcel of land in the Subdivision. 1.5 Single Family Dwelling shall mean a residential dwelling unit designed for occupancy by one family. 1.6 Owner shall mean the record owner of a lot or unit in the subdivision whether one or more persons or entities but excluding those having such interest merely as security for the performance of an obligation. 2.0 HOMEOWNERS' ASSOCIATION. 2.1 Homeowners' Association. Any and all owners of lots in the Subdivision upon accepting a deed for that property agree to -1- • • and shall be a member of, and be subject to, the obligations and duly enacted bylaws and rules of the Christeleit Views Homeowners' Association. Voting in the Association shall be on the basis of one lot, one vote. The purposes for which this corporation shall be organized are as follows: A. To perform such architectural control, review and planning duties and to enforce protective covenants, limitations and restrictions governing the use and occupancy of lands, and the construction and alteration of structures and improvements upon the land. B. To establish, maintain and enforce all necessary and reasonable rules and regulations concerning the use of all land and interest in land or property and property rights owned, managed, or held by the Association and members thereof. C. To charge and collect such fees as may be set by the Board of Directors for the use of facilities, properties owned or operated by the Association, and its cost, assessments, and fees will be made by the Association and payment of the same shall be mandatory by the property owners within the Subdivision. Such assessment shall become a lien on the property to the extent not paid upon the recordation of a Notice of Delinquent Assessment duly signed by the President or Secretary of the Association. The Association shall have the right to recover its reasonable attorney's fees, Court costs and any other collection costs, in any legal proceeding concerning delinquent assessments, or otherwise pertaining to violations of these covenants. D. To operate, maintain, provide and enforce the services, duties and obligations as set forth in this Declaration of Protective Covenants for the Subdivision. 2.2 Individual Septic Systems. It will be the responsibility of the HOA to ensure proper maintenance of individual septic systems. The program shall include the annual inspection and pumping of a system as necessary. Any and all expenditure for pumping and maintenance of the septic system will be the sole responsibility of the owner. 2.3 Maintenance of Heather Lane and PJ Circle. Road maintenance and repair of Heather Lane and PJ Circle within the Subdivision and contiguous thereto, as well as snow removal therefrom, shall be the responsibility of the HOA in conjunction with the other owners of such access roads. The payment of such upkeep shall be divided in a fair and equitable manner by the owners of lots served by Heather Lane both within and outside of -2- • s the Subdivision and by the owners of lots served by PJ Circle within the Subdivision. The HOA shall enter into a joint roadway maintenance agreement with the Christeleit Subdivision Homeowners' Association. 2.4 Plumbing in Dwelling Units. All plumbing in the dwelling units within the Subdivision shall incporate water conserving fixtures. 2.5 Water Service. The HOA along with the Christeleit Subdivision Homeowners' Association will be responsible for the Basalt Water Conservancy District Water Allotment Contract dated May 30, 1990, for the benefit of the Subdivision and the adjacent Christeleit Subdivision. The Declarants shall transfer and assign their interest in and to said Basalt Water Conservancy District Water Allotment Contract and any well permits for land in the Subdivision owned by Declarants prior to the recording of the Final Plat for the Subdivision. The HOA shall implement and provide for the use, maintenance and operation of the water wells including any replacement or substitute well or wells to be, located in the Subdivision for use on the lots in the Subdivision and the contiguous Christeleit Subdivision with the cost thereof to be paid jointly by the owner of each lot or parcel using said well or replacement well. The pumps and other improvements needed to operate each well shall be provided by and be the responsibility of the owner of each lot or parcel using said well. The HOA shall be responsible for any adjudication of said wells including any plan of augmentation thereof. The HOA shall have the power and duty to enforce compliance by the owners with the terms and conditions of any augmentation plan of the water rights. The HOA shall require each lot or parcel in the Subdivision and the adjacent Christeleit Subdivision that use water from any multiple user well to have a water meter to calculate the amount of water used by each lot or parcel and the HOA may allocate costs or charges for the water system to each lot or parcel based on the amount of water used on each lot or parcel. 2.6 Water Storage Tank. No residence built on any lot in the Subdivision shall be occupied unless or until there is a 1500 gallon buried cistern constructed and thereafter maintained consistent with fire district recommendations. 3.0 EASEMENTS AND RIGHTS-OF-WAY. 3.1 Easements and Rights -of -Way for roads, driveways, electricity, phone, lighting and any other kinds of public or quasi -public utility service are reserved as shown on the Final Plat for the Subdivision described above. No permanent barriers shall be erected or maintained on, across, or within the areas reserved for easements or rights-of-way, and access shall be provided as required. -3- • • 3.2 Utility Lines. No new power lines, phone lines or television cable outside of the 60 foot access and utility easement shown on the Plat for the Subdivision shall be permitted on any lot unless said lines are buried underground and out of sight from the transformer pole to the structure, at the owner's expense. 3.3 Reservations of Easements. The Declarants hereby reserve unto themselves, their successors and assigns, perpetual easements for the drilling, construction, maintenance and operation of wells, waterlines, water storage tanks and pumping facilities for a domestic water system for the benefit of the lots in the Subdivision and for the contiguous Christeleit Subdivision. The easements hereby reserved are located on the final plat for the Subdivision described above. The easements herein reserved shall be to the detriment of each respective lot upon which these easements exist. 4.0 MAINTENANCE OF PROPERTY AND SIGNS. 4.1 The owner of each lot shall keep the same clear and free of rubbish and trash and shall keep the structures thereon in good repair, doing such maintenance as may be required for the property. 4.2 No noxious or offensive conduct or activity shall be carried on upon any lot or in any structure thereon which may constitute a health hazard, nuisance or annoyance to the neighborhood. 4.3 No trash, ashes or other refuse shall be thrown or dumped on any lot subject to these covenants. All trash and refuse must be removed from the lot and taken to a landfill or otherwise property disposed. Each owner shall provide suitable receptacles for temporary storage and collection of refuse and all such receptacles shall be screened from public view and protected from disturbance. Each lot, at all times, shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, commercial construction equipment, inoperable cars, lumber, or other building materials shall be permitted to remain exposed on any lot so as to be visible to any neighboring lot or road, except as is necessary during the period of construction. 4.4 No elevated tanks of any kind shall be erected, placed or permitted upon any lot. Any tank used in connection with any single family residence or other structure on any lot including tanks for storage of fuel or water, shall be buried except that one propane tank per lot may be above ground but it must be adequately screened by fence, shrubs or other vegetation so that the tank may not be seen from any of the adjoining property. -4- • • 4.5 The outside burning of trash, rubbish or other materials shall be absolutely prohibited. Standard and approved outdoor fireplaces shall be allowed for the preparation of foodstuffs and heating only. 4.6 No sign or advertising device of any kind shall be placed on any lot, except a sign showing the owner's name and/or address and except a sign indicating that a lot is for sale or a residence for rent. 4.7 The owner of each lot shall control noxious weeds on their lot in accordance with the Garfield County standards for weed control. All areas disturbed in the construction of any buildings or other improvements on any lot shall be revegetated with native grasses using certified weed -free seed. 5.0 USE OF LOTS. Each lot owner shall comply with the Garfield County Subdivision Regulations and the Garfield County Zoning Regulations. These aforementioned regulations shall govern the allowable use of the lot and designate any and all restrictions of the land. 6.0 RESUBDIVISION PROHIBITED. The resubdivision of a lot is prohibited; however, the combining of lots into one lot shall be allowed, provided that the number of dwelling units approved for the separate lots before the single lot was created shall remain the same, and if approved by Garfield County. 7.0 ARCHITECTURAL CONTROL COMMITTEE. 7.1 Committee. The Architectural Control Committee (ACC) shall consist of three members who shall be initially designated by the owner, for an initial term of ten (10) years. Thereafter the terms shall be for five (5) years each and the members of the ACC shall be appointed by the HOA, subject to the requirement that they are a member of the HOA. 7.2 ACC Authority. The ACC shall have the responsibility and authority to review, study, make recommendations and suggestions for changes to, and approve or reject proposed improvements within the area described in the plat map of the Subdivision, of which these restrictive and protective covenants are made a part. 7.3 Rules. The ACC shall make such rules and by-laws and adopt such procedures as it may deem appropriate to govern its proceedings. 7.4 Approval of Plans. No building, landscaping, parking or vehicular driveway, fence, wall or other improvement shall be constructed, erected, altered or added to, on any lot until building plans and site plans and specifications showing color, -5- • • location, materials, landscaping, and such other information relating to such improvements as the ACC may reasonably require shall have been submitted to and approved by the ACC in writing. The owner shall not forward any notice of approval of such plans to a planning, zoning, or building department of Garfield County until such time as the ACC has completed its final review and approval of such plans. 7.5 Criteria. In approving such plans and specifications, the ACC shall consider: 7.5.1 The suitability of the improvements and materials which are to be constructed on the site considering the location; 7.5.2 The nature of adjacent and neighboring improvements; 7.5.3 The quality of the materials to be utilized in any proposed improvements; 7.5.4 The effect of any proposed improvement on the viewplain of any adjacent or neighboring property; 7.5.5 The soil review for the site upon which any building is to be constructed and the results of soil tests for the particular site; 7.5.6 A drainage plan for the particular site and the effect of such drainage plan upon the overall subdivision drainage plan; and 7.5.7 The landscaping plan for a particular site which shall include designated parking and drive areas. 7.6 Effect of the ACC's Failure to Act. In the event the ACC fails to approve or disapprove plans and specifications submitted to it within thirty (30) days of submission and no suit to enjoin the construction has been commenced prior to the completion thereof, approval shall not be required and the related covenants shall be determined to be fully complied with. 7.7 Liability of ACC. The ACC shall not be liable in damages to any person submitting requests for approval or to any lot owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such requests. 8.0 STRUCTURES IN THE SUBDIVISION. All structures in the Subdivision shall be designed to blend into and complement the natural surroundings. -6- • • 8.1 No more than one (1) single family dwelling shall be erected upon any lot. A total of three (3) detached outbuildings used as a non -dwelling garage, stable, barn, tool or storage shed or buildings necessary for the sheltering and keeping of animals are permitted if approved by the ACC. 8.2 Each single family dwelling built on any lot shall be "stick built" meaning that no modular houses or manufactured housing will be permitted on any lot. No used or previously erected or temporary house, structure, housetrailer, mobile home or non -permanent outbuilding shall ever be placed, erected or allowed to remain on any lot, except during the construction period of a single family residence, and no single family residence shall be occupied prior to its completion. 8.3 The minimum size of each single-family structure shall be not less than 1500 square feet of interior floor area, exclusive of open porches, garages, carports or patios. 8.4 No structure shall be permitted on any lot which exceeds twenty-five (25) feet in height from the highest natural finished grade line immediately adjoining the foundation or structure. No radio, short wave or television antenna over five (5) feet above the highest roof line shall be permitted unless approved by the ACC. 8.5 All structures shall have exterior materials of either brick, stone, stucco, lumber, or a combination thereof. Exposed cinderblock and concrete block shall not be allowed unless approved by the ACC. Exposed concrete foundation walls should either be clad with a siding material or screened from public view with landscaping. Metal roofing is permitted provided it is of an earthtone or natural green color or approved by the ACC. 8.6 All construction and alteration work shall be prosecuted diligently and each building, structure or improvement which is commenced on any parcel shall be completed within eighteen (18) months from date of commencement of construction. 8.7 No structure of a temporary character, trailer, basement, tent, shack, garage, barn or any other outbuildings of any description shall be used on any lot except on a temporary basis, not exceeding six (6) months, by the construction company constructing a structure on a lot. 8.8 Landscaping shall blend with natural vegetation. No living tree shall be removed or cut down without approval of the ACC. All areas cut, filled, or disturbed by any construction or other activity shall be fully restored and landscaped. -7- • • 9.0 FENCES. Architectural screen fences, limited to six (6) feet above ground level and constructed of natural wood, are allowed, providing they are approved by the ACC. All other fencing shall be open, wood post and wood rail, wood post and plain wire or steel post and barbed wire. Fences shall be constructed no higher than Forty -Two (42) inches high. 10.0 LAWN AND GARDENS: The maximum amount of irrigated lawn and garden on any lot shall be two thousand (2000) square feet. 11.0 ANIMALS. 11.1 The grazing of livestock shall occur only in fenced pasture areas capable of supporting grazing. A maximum of two (2) large animals per lot shall be allowed, except on the lots not capable of supporting livestock. No goats or pigs shall be permitted to be kept on any lot. Dogs shall be limited to a maximum of two (2) per lot. 11.2 Domestic animals must be kept within the boundary of the lot of the owner. Dogs shall not be allowed to run loose. The shall be fenced, chained or housed at all times when not accompanied by a human. 11.3 Lots must be kept clean, sanitary and reasonably free from refuse, insects and waste at all time. 12.0 EFFECT AND DURATION OF COVENANTS. These covenants run with the land and shall be binding upon all parties and all persons claiming under them until January 1, 2010, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless by vote reflected by signed documents duly recorded by the majority of then owners it is agreed to change said covenants in whole or in part. 13.0 ENFORCEMENT. 13.1 Procedure for Enforcement. If any person shall violate or threaten to violate any of the provisions of these covenants, Owner or his successors or assigns, or any owner of real property in the subdivision may, but without obligation to do so, enforce the provisions of the instrument by: 13.1.1 Entering upon the property where the violation or threatened violation exists and removing, remedying and abating the violation; such self-help shall be exercised after having given fifteen (15) days prior written notice to the owner or owners of the property upon which the violation exists and provided the owner shall have failed within such time to take such action as may be necessary to conform to the covenants; or -8- • 13.1.2 Instituting such proceedings at law or in equity as may be appropriate to enforce the provisions of this instrument, including a demand for injunctive relief to prevent or remedy the threatened or existing violation of these covenants and for damages. 13.1.3 In the event any party with any rights provided under the terms of these restrictive and protective covenants must bring legal action for the enforcement of such covenants, then the prevailing party in such action shall be entitled to the recover of reasonable attorney fees and costs of litigation, including reasonable costs of expert witness fees, if any. 14.0 AMENDMENT. A vote of two-thirds of the owners of the various lots in the Subdivision shall be necessary to amend these covenants until January 1, 2010. 15.0 SEVERABILITY. Invalidation of any one of the provisions of this instrument by judgment or court order or decree shall in no way affect any of the other provisions which shall remain in full force and effect. EXECUTED this STATE OF COLORADO } } COUNTY OF GARFIELD } day of , 1994. Peter J. Christeleit Linda L. Christeleit The foregoing was acknowledged before me this day of 1994, by Peter J. Christeleit and Linda L. Christeleit. Witness my hand and official seal. My commission expires: -9- Notary Public i • ROBERT F. CHAFFIN ATTORNEY AT LAW July 1, 1994 Don DeFord Garfield County Attorney 109 8th Street Suite 300 Glenwood Springs, CO 81601 111 1 1:()1,1)I{AI)(1 AV I:N1II 1'.)). 114IX bob GLRNW(10OOI) SPRINGS, COLORADO 81601 1'111)NE (3113) 915-5171 FAX 15-i171FAX (:303) 9.45_31.73 Christeleit Views Subdivision Final Plot Dear Don: I have reviewed your memorandum dated June 28, 1994 for Peter Christeleit and Linda Christeleit and enclosed are the following: Subdivision Improvement Agreement 1. We have added a sentence in paragraph 3 to require the letter of credit to be valid for 6 months past the expected completion date of the improvements. 2. A new paragraph 4 requires the transfer of the Water Allotment Contract, etc. The remaining paragraphs are just renumbered. Articles of Incorporation A copy of the articles were provided in April but must not have found their way to your office. Another copy is provided. By -Laws A copy of the By-laws is enclosed. Protective Covenants 1. To ensure that we have no problem with the Colorado Common Interest Ownership Act we have added a new paragraph 2.2 to limit the assessments to a maximum of $300.00 per year. 2. We have modified paragraph 2.3 on the maintenance of the roads in the subdivision. Heather Lane is bounded partially by property owned by others and that is why the language includes other owners so we don't foreclose obtaining a contribution from them for their share. -1- • • 3. We have modified paragraph 2.5. The Christeleit Views Subdivision has Basalt Water Conservancy District contract No. 205 dated November 9, 1992 and the other subdivision being Christeleit Subdivision has contract No. 127 dated May 30, 1990. I believe this language now clarifies that they are separate. 4. Paragraph 2.6, now 2.7, about the cistern was included directly from the Board's Resolution approving the Preliminary Plan. The fire district recommendations came from their review of the Preliminary Plan even though the Subdivision is not in the District. I hope the above clarifies your concerns and I appreciate your comments. Very Truly Yours, Robert F. Chaffin RFC/kll ENC. . T l_j - E: -E44 FF -1 1.:121-7 IE:.. july 7, 1994 Glenwood Independent Bank To Whom it May Concwm By orderand for fh __O 0,CAAVIL Of our custcmer, Peter and Lind ChrA.., whose address J45 I.O.DON 6B1 Olenwood Spg1.5 Co M602, we hereby in favor of Uarfield County this IrrevodWe standby letter of credit No. 340Z1 for an amount up to but not exceedind the sum of Nineteen tlicxxsand dolLars andno/100---*******($1.9.00)0)**** effective immediately and twiring at the offiges of our bank at closing on the bank business day of July 7, 1.9. runds under thi5 credit are available by your draftW at sight drawn on us almntAmminq thereon this Letter of Credit No. 34031. Each such draft le4:M be payable upon demand. Partiod drawings are perinidAd„ but. not to g!.tceed the cumulative dollar amount on the face of this docuawnit. We will promptly honor izuch draftW And pay funds accortling to directions given to this bank by a ununty '81,ncE:r % Yours. Steven Vanderho Vice pre5irient F•_C-1-2 P.O. Box 490 1620 Grand Avenue • Glenwood Springs, CO 81602• 303-945-7477 • • ROBERT F. CHAFFIN ATTORNEY AT LAW July 14, 1994 Don DeFord Garfield County Attorney 109 8th St. Suite 300 Glenwood Springs, CO 81601 Dear Don, 811 COLORADO AVENUE P.O. BOX 698 GLENWOOOD SPRINGS, COLORADO 81601 PHONE (303) 945-5474 FAX (303) 945-5475 Re: Christeleit Views Subdivision Final Plot Enclosed please find a revised Subdivision Improvements Agreement and Covenants for Christeleit Views Subdivision. The only changes are on page 3 of each document specifically in paragraph 4 of the SIA and paragraph 2.6 of the Covenants. Also enclosed are copies of the Quit Claim Deeds that will be executed to both Christeleit Subdivision and Christeleit Views Subdivision for the Community Water System being a total of twelve lots. The Articles of Incorporation for Christeleit Views Subdivision were sent to the Secretary of State yesterday so by tomorrow it will be approved. Peter Christeleit has checked into the snowplowing costs along with his prior experience as follows: 1. In 1992-93 he hired a road grader twice to plow Heather Lane at $65 per hour which took two hours to do the plowing for a total of $260.00 for the winter. In addition, Mr. Hood who also uses Heather Lane plowed the road whenever it snowed. The cost of this would have been at $30.00 per hour. 2. In 1993-94 no road grader was needed and with Mr. Hood and Bill Hayes, who owns a lot in the Christeleit Subdivision, doing the plowing, no outside plowing costs were expended. 3. If we assume that a bad winter might need a road grader at $65.00 per hour for four hours being $260.00 per time for two times a winter, that cost would be $520.00. In addition a pickup plow at $30.00 per hour for two hours would cost $60.00 per time. If we assume twenty snows per winter at $60.00 the cost then would be $1200.00. • • Therefore it appears that all of Heather Lane and PJ Circle could be plowed for $520.00 + 1200.00 = $1720.00 per year. This of course is without any contribution from the Eagle's Nest Subdivision or the other adjoining forty -acre tracts. With twelve lots at a maximum of $300.00 per year it seems there is a substantial cushion. If there are any other questions, please let me know. Very Truly Yours, Robert F. Chaffin RFC/kll ENC. AN1 2 5 994 April 25, 199= .. Garfield County Planning Dept. 109 8th Street Glenwood Springs, CO 81601 Attn: Dave Michaelson RE: Christeleit Views Subdivision Dear Dave, CC:CH1Y I am writing to confirm our telephone conversation last week pertaining to the road change. As we discussed, this change could take place without having to go back to the Preliminary Plat stage. After meeting with the excavator, we came to the con- clusion that it would be more feasible to put the road on an existing utility easement which would result in less grade. There would also be less cuts and scarring of the landscape. The cul-de-sac will remain unchanged as will the easement between there and the water tank. I have attached a map showing the road change. A corrected Final Plat map will follow. If you have any questions, please call anytime at 984-2265. Sincerely, Peter . Christeleit PJC/llc 1 0 2 ese4, k,•1 1 // p� / 1 N- N / I I L CJI 'Luise .ems • • • / II /I owq� , I 1 -1 I IW •' cap b sloo n MN' r- rams -u---r---� "mar L. 1 0 0 • 1 J Rif 1 JP,/uo r •' Z 1 ! i! 5111T!g� ota Q 8a ■ rt • • GARFIELD COUNTY TREASURER * P.O. 80X 1069 GLENWOOD SPRINGS, COLOAiO 81602 * TAX YEAR 1993 * RECEIPT DATE 02/28/94 K TAX ROLL PAGE 0472 * TAX REC EI?T NUM3E? 19940060 38 TRANS : U'°'BER, 8671 * 30-6-88 88 LOT 5 & LOT 10 IN NW 3K 0667 PG iY134 6K 0306 PG 0277 3K 0590 PG 0021 3K 0555 PG C()65 CHRISTELEIT, PETER J. 6 LINDA L. 4954 214 ROAD NEW CASTLE CO 81647 SCHEDULE g: 050232 CHECK NUM3ER: CK PAYER: CHRISTELEIT, PETER J. 6 TOTAL ASSESSED: $130 * TAX YEAR 1993 * RECEIPT DATE 02/28/94 * TAX ROLL PAGE 0472 * * TAX RECEIPT NUM3ER 1994006088 TRANS NUMBER 8671 * YEAR TAX PAID INT/FEES TOTAL PAID BALANCE DUE 1993 13.29 0.00 13.29 0.00 TOTAL PAID -> 13.29 e • ARTICLES OF INCORPORATION OF CHRISTELEIT VIEWS SUBDIVISION HOMEOWNERS' ASSOCIATION In compliance with the requirements of the Colorado Non -Profit Corporation Act, C.R.S., Article 7-20-101, et seq., the undersigned, Peter J. Christeleit of 4954 214 Road, New Castle, Colorado 81647, of full age acting as Incorporator, this day proposes to form a corporation not for profit and does hereby certify: ARTICLE I NAME The name of the corporation is Christeleit Views Subdivision Homeowners' Association, hereinafter called the "Association". ARTICLE II REGISTERED OFFICE AND AGENT The registered office of the Association shall be 4954 214 Road, New Castle, Colorado 81647, and the registered agent of the Association, whose address is identical to that of the Association, shall be Peter J. Christeleit. ARTICLE III PURPOSES OF THE ASSOCIATION The Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for road maintenance, water service, preservation and architectural control of the lots of the property known as the Christeleit Views Subdivision as set forth in the plat to be recorded with the Clerk and Recorder of Garfield County, Colorado, and to promote the health, safety and welfare of the residences within the above-described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association and for this purpose to: (A) Exercise all of the powers and privileges and perform all of the duties and obligations of the Association as set forth in that certain Declaration of Protective Covenants for Christeleit Views Subdivision, hereinafter called the "Declaration", applicable to the property and to be recorded in the office of the Clerk and Recorder of Garfield County, Colorado, and as such Declaration may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (B) Fix, levy, collect and enforce payment by any lawful means, all charges for assessments pursuant to the terms of the Declaration; -1- • (C) Pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; (D) Acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (E) Borrow money, and with the assent of two-thirds (2/3) of the votes of the members, mortgage, pledge, rant a deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (F) Participate in mergers and consolidations with other non- profit corporations organized for the same purposes or annex additional residential property, provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of the votes of the members; (G) Have and to exercise any and all powers, rights and privileges which a corporation organized under the Non -Profit Corporation Law of the State of Colorado by law may now or hereafter have or exercise. ARTICLE IV MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any lot or portion thereof which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any lot or portion thereof which is subject to assessments by the Association. The owner or owners of a lot which is subject to assessment by the Association shall be entitled to one vote for each lot owned which is subject to assessment by the Association. When more than one person holds an interest in any lot or portion thereof which is subject to assessment by the Association, all such persons shall be members. The vote for such lot or portion thereof which is subject to assessment by the Association shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot which is subject to assessment by the Association. -2- e 11 ARTICLE V BOARD OF DIRECTORS The affairs of the Association shall be managed by an initial Board of two (2) Directors. The number of Directors may be changed by amendment of the By -Laws of the Association. The names and addresses of the persons who are to act in the capacity of Directors until the selection of their successors are: Peter J. Christeleit 4954 214 Road New Castle, Colorado 81647 Linda J. Christeleit 4954 214 Road New Castle, Colorado 81647 ARTICLE VI DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of the votes of the members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets will be granted, conveyed, and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes. All of the dissolution process shall be in accordance with the provisions of the Colorado Non -Profit Corporation Act. ARTICLE VII DURATION The corporation shall exist perpetually. ARTICLE VIII AMENDMENTS Amendment to these Articles shall require the assent of two-thirds (2/3) affirmative votes of the members. IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Colorado, I the undersigned, constituting the incorporator of this Association, have executed these Articles of Incorporation this day of , 1994. -3- Peter J. Christeleit STATE OF COLORADO COUNTY OF GARFIELD • • Subscribed and sworn to before me this day of , 1994, by Peter J. Christeleit. Witness my hand and official seal. My commission expires: Notary Public RESURCEf ENGINEERING I N C Ms. Linda Christeleit 4954 214 Road New Castle CO 81647 RE: Basalt Water Conservancy District Water Service Contract December 20, 1993 Dear Linda: Currently the Christeleit Subdivision Homeowner's Association holds two water service contracts with the Basalt Water Conservancy District (District); contract nos. 127 and 205. Contract no. 127, as amended provides for 3.2 acre feet of storage water and 0.165 cfs of direct flow water right for Lots A - E inclusive. Contract no. 205 provides for 3.4 acre feet of storage water and 0.23 cfs of direct flow water right for Christeleit Views Subdivision, seven Tots which have been subdivided from Lot F. The District maintains a substitute water supply plan approved by the State Engineer which includes the water uses defined in the contract applications for the Christeleit Subdivision lots mentioned above. Both the State of Colorado and Garfield County recognize the District's Substitute Water Supply Plan as evidence of a long term legal water supply for it's contractees. The District does periodically file applications with Division 5 Water Court to obtain judicial recognition of water rights and a plan for augmentation for it's contractees. The District will file such an application within the next few months and plans to file another application in 1994 or 1995. The Christeleit Subdivision will be included in the 1994/95 water court application with your approval. There will be a cost to the Homeowner's Association for engineering and legal services associated with the court application. In the meantime, please be assured that the Christeleit Subdivision have a valid legal water supply so long as the Homeowner's Association maintains it's Basalt Water Conservancy District contracts. If you have any questions, please call me. Sincerely, RCE ENGINEERING, INC. S. Bussone, P.E. Water Resource Engineer PSB/mmm 033-7.0 1e127&205.033 CC: Mr. Dan Kerst Mr. Gary Buzick (via Fax) Consulting Engineers and Hydrologists 802 Grand Avenue, Suite 302 u Glenwood Springs, CO 81801 ■ [3031945-6/ / / ■ Fax 945-1137 JUL-08-1994 16:51 FROM SILT MARKET 303 878 2865 Tri P. t01 ..HOLY CROSS ELECTRIC ASSO IATION, INC. 111(OHWAY 82 P.(), (]RAWER 2150 GI c:NW(X>f.) SPRINC:S, COLORADO (11(4)2 April 12, 1994 Mr. Peter Christeleit 4954 214 Road New Castle, Colorado 81647 RE: Christeleit Views Subdivision Electrical Line Extension Dear Peter: (VAX) 15 We have completed a design and cost estimate for providing electric service to the above mentioned project. Our facilities will be installed as shown on the.: attathed sketch. Holy Cross Electric estimates 'that `the cost of construction will be as follows: Christeleit share of existing contractual agreements $ 1,900.00 Estimated cost of.overhead .construction ... 2,800.00 Estimated cost of underground construction 16.700.00 Total estimated cost of construction $21,400.00 construction deposit (refundable) consisting of overhead costs and,.,. equivalent overhead costs $15,600.00 Contribution in aid of construction' (nonrecoverable) .,,$oaAo0 Total payment required before starting work on the project $21,400.O0 The above figures are only estimates. After' the job has been completed, the actual cost of construction will be determined. Your contribution and deposit will be adjusted to reflect the actual cost by making a refund or further assessment. Execution of this document constitutes agreement to pay any further assessment in a timely manner. Adjusted construction deposits are available for refund over a ten year period as specified by Holy Cross Electric's Line Extension Policy. Our power facilities must be installed on an easement. Please forward me a copy of the latest deed showing current ownership of the project property. This copy must also show the book and page of its recording at the County courthouse. I will use this information to prepare the easement for signature. The following conditions are hereby noted: 1. Lot corners or other locations will be provided by the developer as needed to ensure that our facilities are installed as shown on the attached sketch. 2. Holy Cross Electric has implemented a policy which requires that project owners provide all excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve their new development. The owner must also set all vaults and install all conduits as specified by Holy Cross Electric's design for the project and the enclosed construction specifications. Holy Cross Electric will supply all material which can be picked up by the owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The attached Trench Agreement must be properly executed and returned prior to the start of excavation. JUL-O6-1994 16:52 FROM SILT MHRKET O 676 2665 TO P.nr2 • • Mr. Peter Christeleit April 12, 1994 Page Two 3. There is no provision in our estimate for revegetation. Revegetation, if required, must be provided by parties other than Holy Cross Electric. 4. Secondary voltage available will be 120/240, single-phase. 5. We attempt to complete all projects in a timely manner. However, highest priority is given to maintaining service to our existing consumers. This fact, along with inevitable construction delays, will not allow us to guarantee a project completion date. 6. All Holy Cross Electric rules and regulations will be followed. When Holy Cross Electric is in receipt of your check in the amount of $21,400.00, all necessary executed easements, other permits, if required, a completed "Request For Load Information" form, the executed trench agreement, and the signed original of this letter agreement (below), the job can be scheduled for construction. Sincerely, HOLY CROSS ELECTRIC ASSOCIATION, INC. Buzz Quaco, Staking Engineer Enclosure BQ:rjm The abov- terms a • • diti - re hefeby - _ eC - �:.. epted 00" Title: it/cYfr-- Date: W/0#94-i3233:60-25:Christeleit Subdivision queco\chxietex JUL-08-1994 16:52 FROM SILT MARKET =0= 876 2855 TO F'.0 GLENWOOD INDEPENDENT BANK P.O. BOX 490 PH. 303-945-7477 GLENwOO1 SPRINGS, CO 81802 3021 GLENW000 T , , ,ee .. , INDEPENDENT BK „ „d.. .IL, I,m,r Ian Y I P'I I e r � �i' PAY ,.! �.� l..,�1 !.. r TO THE ORDER OF Holy Cross Electric NOME TO m. of am el w, a ;r w ria 6.1cre any o.ww•s dwelt a *Ha 6.r* w/ 6. noplmegal in 11 . went 11 ea 16.1. IN.pt.g04 0• e10an. (SMP eppee' Atom mei* d•abOratite0 *roam"' ten. Loa 472 7966602 CASHIER'S CHECK 5-24 1§1/4 75-1522/910 I:09101S2241:00472 DOLLARS $ 21+/+00.00 We have completed a; design. and cost eSt Lin te' for providing electric service to the„abovementioned-.project, Our facilities will be installed as.shown on the attached sketch. Holy Cross Electric esti mates that tiie cost of construction will be as follows: r,,,.., ,,�s.t,�•tiy..ti 1 iv Christeleit share of existing,s-+f contractual agreements ,ItrA 1 900.00 Estimated cost of overheadfconstriact ro `:. , ��r2,800.00 Estimated cost ' of undergr'our d const uetion� a^`'t"r -13' U 6. 700. 00 Total estimated 'cost'of const ctio». �,.;-�,. �� �w°,$2 400.00. Constructions dep s t .n dable consi,st'`ing' 6f ovei ea d costs an,., fQY 611,04 E�+ -� w.. , •gid. ^ _T '':. 41t equi ra;l"ent dvefhead cat's �r ` Contri�►`Y'oi•►, a c�_.,:r �, 15'v600:"00 (no e' era'b`ie)''` Total pay1nent equif ed•::before 4n work' on the li o f 'e GS ? j LF?, `a`t t't<a , fie i ,y a,06 The abovej.ff uresg a44 r ani' °est1inatoi Afters he ,)b.has been crow feted 'j,S; f fl 42 A". t {kk f+L`':.'. .L �.4 p , ttYe� ,A0 .cd`s of canstx i ion*w 1.1 be' determined. ,. ` �.c. �'�rara,a. ,4 '"+�efAf..' K ,..1�T �, q h .•+�•.� _. . a �. w� Your contribution` ap• adeposxt wigs 6b �. oaf usted�to refl6ct the actual 'cost 'b ,-maki:ng a'refund or furter; assessment'. " Execution of this.documentt constitutes agreement to pay any further Ark assessment 'in' a,timely manner. Adjusted construction -deposits are available for refund over a ten year period as specified by Holy Cross Electric's Line Extension Policy.R^V' Our power facilities must be installed' on';an easement. Please forward me a copy of the latest deed;rhowinqcurrent ownership of the project property. This copy must> •also!s] ow 'the book and page of its recording at the County courthouse'%'I'':will use this information to prepare the easement for signature. The following conditions are hereby noted: 1. Lot corners or other locations will be provided by the developer as needed to ensure that our facilities are installed as shown on the attached sketch. 2. Holy Cross Electric has implemented a policy which requires that project owners provide all excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve their new development. The owner must also set all vaults and install all conduits as specified by Holy Cross Electric's design for the project and the enclosed construction specifications. Holy cross Electric will supply all material which can be picked up by the owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The attached Trench Agreement must be properly executed and returned prior to the start of excavation. JUL-99-1994 16:53 FROM SILT MARKET 303 975 2965 TO P.04 • L.JWES h COMMUNICATIONS © Denver, Colorado June 2, 1994 Peter Cristeleit P. 0. 681 Glenwood Springs, CO 81602 Subject: Land Development Agreement - Control No. 1251200921 Dear Sir or Madam: Enclosed is your copy of the fully executed Land Development Agreement, between U S WEST Communications and Peter Cristeleit developer of the development known as Christeleit Subdivision Parcels 1-7, in the Glenwood Springs exchange, state. of Colorado. Should you have any questions, please call either Tami Redford or Cathy Block on 896-3119 or 896-6439. Sincerely, T'AMI BEDFORD Land Development Agreement Group Network Facility Engineering Enclosure JUL-08-1994 16:54 FROM SILT MARKET 505 876 2865 TO Control Number 1251200921 Job Number 4325F77 • • LAND DEVELOPMENT AGREEMENT THIS LD DEVELOPMET AGREEMENT (hereinafter "AGREEMENT" this i/- day of i'I'1 , 1994, Communications, Inc., a v Colorado corporation Cristeleit, (hereinafter "Developer") a corporation, proprietorship (if a corpor„0.,i9n, designate state principal State of is CQ P. 05 (LDA/J) Page 1 of 6 is made and entered into by and between U S WEST (hereinafter "Company"), and Peter partnership, or of incorporation), business I. SCITALS sole whose A. Developer is undertaking construction of a development known as Christeleit Subdivision Parcels 1-7, which is more fully described as being located in Section 30, T 6 South, R 88 West, Sixth Principle, Glenwood Springs exchange, Garfield County, state of Colorado, (hereinafter "Development". Company has been requested by Developer to provide telecommunication facilities (herein "Facilities") within its development prior to the construction of buildings or living units. The facilities will be adequate to serve 7 access lines in the above development. 8. U S West Communications Inc., is willing to place the requested distribution facilities, which are more fully described above and in Exhibit A, which are necessary for the development subject to the terms and conditions of this agreement and any applicable Tariffs on file, by the Colorado Public Utilities Commision. IT. PEFINITW S Access Lige: The telecommunications circuit that extends from the customer's termination point in a completed residence to a central office. Central O£ice: A switching unit in a telephone system, providing service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting access lines. nistxibutiori_F'acilxties: All telephone plant between the feeder facilities and the customer's termination point. Exhibit A: Shall refer to the Engineering drawing attached to this agreement which depicts U S WEST distribution facilities. Feeder Facilities: The telephone plant between the central office and distribution facilities. Tai~: A document filed by Company lists the communication services schedule of rates for those services with the Public Utilities Commission which and products offered by Company and gives a and products.. A n a1_.Refund_Anniyersary,Date: The date upon which this Agreement is executed. JUL-08-1994 16:54 FROM SILT MARKET 203 876 2865 TO • M 111 DEVELOPED' S A.NA. COMP, A 7L' S RESPONSIRILjTIES: P. 06 Page 2 of 6 A. Developer shall pay The Company a security deposit in the amount of Two Thousand Nine Hundred Seventy-one Dollars and Ninety-nine Cents ($2,971.99) upon the execution of this Agreement. This amount represents Company's estimated cost for providing the Facilities shown on Exhibit A hereto_ B. Developer acknowledges and agrees that any completed job prints are and shall at all times be considered proprietary and the property of Company. Developer shall not furnish copies of Company's completed job prints to any third parties without Company's prior written consent. In the event company's job prints are released by developer to any third parties without company's prior written consent, developer shall forfeit refund of any funds paid Company pursuant to paragraph III (A) above. For purpose of this Agreement and this paragraph P, Developer's contractor performing tre chxng o eratxons, as set forth in paragraph E below, shall be: r"d�-_ Provision of the job prints to Developer's contractor firm, as identified in this document, are hereby permitted by Company. C. Company shall undertake installation of the Facilities upon payment of the sum in paragraph A above, and Company agrees that initial facilities will be available by 120 days after execution of this Agreement. In no event shall Company's failure to complete the work by the above-specified date to be considered a breach by Company of this Agreement, nor shall it relieve Developer of any of its obligations hereunder, if said delay is caused by acts of God, labor disputes, unavailability of equipment or material, delays in receiving equipment or material, delays in obtaining_ easements or rights-of-way, unusual working conditions, unusual terrain, delay caused by Developer, or any other circumstances beyond the reasonable control of Company. Insofar as possible, the parties shall coordinate their construction work. D, Any easements, rights-of-way or property rights required by Company for the development shall be given to Company by Developer, in writing, in recordable form, at no charge, with no restrictions or exceptions, and shall be cleared and within three (3) inches of final grade by the construction work start date. All survey property stakes will be placed by Developer to identify the physical location of said easements and rights-of-way within the development. Developer shall be required to reimburse Company for unusual private and government right-of-way costs pursuant to this Agreement which are not covered by the security deposit. In the event of replatting, rezoning or change of use during the term of this Agreement, Developer or permitted assignees or successors shall be responsible for any additional relocation or replacement costs(which costs shall be non-refundable) relating to affected distribution facilities. E. Developer shall provide adequate trenches and backfill operations, as shown on Exhibit A hereto, in accordance with the following: (1) Developer shall select start and completion dates for trench excavation and backfill, which are compatible with Company's engineering, material ordering and construction schedules. TOTAL P . 06 • GARFIELD COUNTY • COUNTY ATTORNEY'S OFFICE 109 8th Street, Suite 300 Glenwood Springs, Colorado 81601-3303 Telephone: (303) 945-9150 Fax No.: (303) 945-7785 MEMORANDUM FROM: Don DeFord, County Attorne TO: Dave Michaelson, County Planner DATE: June 28, 1994 RE: Christeleit Views Subdivision Final Plat I have reviewed the SIA together with the declaration of protective covenants applicable to the Christeleit Views Subdivision. I note a number of procedures and technical difficulties with these documents. In regard to the SIA, the following must be included: 1. I need to review the letter of credit which must be drawn upon a bank licensed to do business within the State of Colorado and maintaining its principal place of business in this State. The form of letter of credit must be acceptable to this office. 2. Paragraph 3 needs to be modified to provide that the letter of credit must remain valid for at least 90 days after date of expected completion of the improvements. I would recommend a six month period, if possible. 3. A paragraph must be added requiring the developer to transfer necessary water allotment contracts, water rights and interests in decrees of the water court to the Homeowner's Association. I have been tendered no documents regarding incorporation of a Homeowner's Association nor by-laws for that association in regard to this subdivision. I must have an opportunity to review those documents. The protective covenants will require review by counsel for the applicant regarding applicability of the Colorado Common Interest Ownership Act. Although the size of this subdivision is small, with two subdivisions now apparently taking joint control of common elements it is quite possible that act applies. If so, some of the covenants for the new subdivision as well as portions of the old subdivision must be extensively amended to comply with that act. Even if • the act does not apply, the current covenants present a number of difficulties. I would note the following: 1. Paragraph 2.3 purports to bind individuals who are not members of the Homeowner's Association or residents of the subdivision to pay maintenance fees for access roads. That is a legal impossibility. The Homeowner's Association has no method for binding or requiring payment from individuals living outside of the subdivision. That is a unilateral requirement that cannot be enforced unless the other Homeowner's Association has a similar mandate. 2. In the similar manner, paragraph 2.5 concerning water service purports to bind both this subdivision as well as a previous subdivision. 3. The covenants purport to require transfer of water rights to the Homeowners Association. That may present extreme legal difficulty if the wells and the water rights are also servicing an earlier subdivision. Additionally, this paragraph must be consistent with any plan for augmentation of currently approved and incorporated in the preliminary plan for this subdivision. 4. Finally, paragraph 2.5 requires maintenance of the cistern for fire protection consistent with the fire protection district recommendations. It is not clear that this subdivision lies within a fire district. Without resolution of the foregoing issues, I cannot recommend approval of the current subdivision improvements agreement, or protective covenants as constituted in the necessary Final Plat documents.