HomeMy WebLinkAbout4.0 Subdivision Improvement Agreements•
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lAQicepti 74:2 $ MlLC` F.D .AL DORF, RECORDER -
GARFIELD COUNTY, fX)LORIADO
BOOK 690 P4E655
ACKNOWLEDGMENT OF PARTIAL SATISFACTION OF
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, Gailen B. Smith and Pamela D. Smith (hereinafter "Smiths"),
entered into a Subdivision Improvements Agreement dated October 1, 1984,
recorded in Book 657, at Page 647 as Reception No. 356155 of the Garfield
County records, FOR THE IMPROVEMENT OF Cottonwood Hollow Subdivision
(hereinafter "Subdivision"), and;
WHEREAS, said Subdivision Improvements Agreement was amended by a
document dated July 22, 1985, recorded in Book 672 at Page 744 as
Reception No. 363572 and in a document dated June 2, 1986, in Book 689 at
Page 299 as Reception No. 371585 of the Garfield County records; and
WHEREAS the obligations of the Smiths have been satisfied in part and
the Smiths have consented and agreed that the Board of County
Commissioners of Garfield County, Colorado (hereinafter "Board"), shall
retain and hold the sum of 7,310.00, which sum shall be security for
performance 'for work remaining to be completed as identified in a letter
dated June 5, 1986, from David W. Grounds, P.E., Mountain Engineering and
Land Surveying Co., which is attached as Exhibit "A".
NOW THEREFORE, at the request of the Smiths and in consideration of
the premises and the prior agreements, the Board hereby acknowledges the
partial satisfaction of the Subdivision Improvements Agreement entered
into by the Smiths and the Board of County Commissioners of Garfield
County, Colorado, for the Cottonwood Hollow Subdivision in the amount of
$9,249.00
DATED this 30th day of June, 1986.
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY
air
The foregoing instrument was acknowledged before me this3Othday of
June , 1986, by Larry Schmueser , as
Chairman of the Board of County Commissioners of Garfield County,
Colorado.
WITNESS my hand and official seal.
My commission expires: /Y.4
/ • A
_te
N L- -
;Address of Notary
•
,1)"
BOOK 690 PAGE 656
mountain engineering & IancJ Purveying co.
406 s. hyland square, suite a-1
glenwood springs, colorado 81601
945-2045
p.o. box 14 gypsum, colorado 81637 524-9414
June 5, 198
Mr. Mark Bean
Director of Planning
109 8th Street
Suite 303
Glenwood Springs, CO 81601
Fd.91 F-71)
( l
JUN 91986 V
GAiiFIELD COUNTY
Ek///3/ i
RE: Work remaining for Cottonwood Hollow Subdivision
Dear Mark:
As you know, Mr. Gailen Smith has recently completed a major
portion of the road construction for the subject subdivision.
The attached cost estimate indicates the work that remains to
be completed.
If you have questions, please call. Thank you.
Sincerely,
David W. Grounds
cc:Gailen Smith
h
r •
ENGINEERING ESTIMATE OF
WORK REMAINING TO BE
COMPLETED AS OF JUNE 4, 1986
COTTONWOOD HOLLOW SUBDIVISION
(ei/VAr")
BooK 690 Pa3E657
UNIT
ITEM DESCRIPTION UNITS QUANTITY PRICE AMOUNT
Aggregate Base Course
(Class 6) (Future leveling
course) Ton 160 $8.00 $1,320
3/4" chip seal Lin. Ft. 1230 $3.00 $3,690
60" corrugated steel pipe Lin. Ft. 6 $50.00 $300
4" concrete slab headwall Lump Sum 1 $2000.00 $2000
TOTAL WORK REMAINING
$7310
• •
AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day
of June , 1986 , by and between GAILEN B. SMITH
and PAMELA D. SMITH (hereinafter referred to as "Smiths"), and the Board
of County Commissioners of Garfield County, Colorado, (hereinafter
referred to as the "County").
WITNESSETH:
WHEREAS, Smiths are the owners of certain real property located
in Garfield County, Colorado, which real property is now known as
Cottonwood Hollow Subdivision (hereinafter referred to as the
"Subdivision") as recorded on the plat thereof of record as Reception No.
356153; and
WHEREAS, as a condition of approval of the Final Plat for the
Subdivision, the Smiths entered into a Subdivision Improvements Agreement
(hereinafter referred to as the "Agreement") with the County dated October
1, 1984 and recorded in Book 657 at Page 647, Reception No. 356155; and
WHEREAS, Smiths applied to the County to amend said Agreement,
which Amendment the County found acceptable and therefore the Smiths and
the County entered into an Amendment to Subdivision Improvements Agreement
(hereinafter referred to as the "Amendment to Agreement") dated July 22,
1985 recorded in Book 672 at Page 744, Reception No. 363572; and
WHEREAS, Smiths have applied to the County to amend said
Agreement a second time, which Amendment the County finds to be acceptable
to it as set forth in this Amendment to the Agreement; and
NOW, THEREFORE, for and in consideration of the premises and the
following mutual covenants and agreements, the parties hereby agree to
amend said Agreement as follows:
1. That the attached Exhibit "B" will be substituted
for the Exhibit "B: noted in Section 1, Smith's
Performance, of the Agreement dated October 1, 1984
and recorded in Book 657, at Page 647, Reception No.
356155.
2. All other terms and conditions of Said Agreement
shall remain in full force and effect.
• •
Page Two
Smith Amendment
Dated this 2nd day of June
ATTEST:
, 198 6
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
ire
eL
Ter and Recorder of Gazfield County, Colorado
Ex -Officio Clerk to the`Board of County Commissioners
of Garfield County, Colorado /
GLEN B. SMITH
PAMELA D. SMITH
• •
Exhibit "B"
ENGINEERING ESTIMATE BY PHASES
PHASE I (LOTS 1, 5, 6, 12 AND 13)
No public improvements required.
PHASE II (Lots 2, 3 and 4)
UNIT/
ITEM DESCRIPTION UNITS QUANTITY PRICE AMOUNT
Unclassified Excavation Cu. Yd. 300 $2.00 $ 600.00
Embankment Cu. Yd. 300 $2.00 $ 600.00
--Aggregate Base Course Ton 525 $8.00 $4,200.00
(Class 6)
i.-- 3/4" Chip Seal
Lin. Ft. 650 $3.00 $1,950.00
15" Corrugated Steel Pipe Lin. Ft. 40 $15.00 $ 600.00
ESTIMATED TOTAL $7,950.00
PHASE III (Lots 7, 8, 9, 10 and 11)
UNIT/
ITEM DESCRIPTION UNITS QUANTITY PRICE AMOUNT
Unclassified Excavation Cu. Yd. 200 $2.00 $ 400.00
Embankment Cu. Yd. 200 $2.00 $ 400.00
'' Aggregate Base Course Ton 470 $8.00 $3,760.00
(Class 6)
1,--3/4" Chip Seal Lin. Ft. 580 $3.00 $1,740.00
`— 60" Corrogated Steel Pipe Lin. Ft. 6 $50.00 300.00
I--4" Concrete Slab Headwall Lump Sum 1 $2000.00 $2,000.00
ESTIMATED TOTAL $8,600.00
REVISED MAY 12, 1986
/6, 560
ROBERT F. CHAFFIN
ATTORNEY AT LAW
k`t
811 COLORADO AVENUE
P. O. BOX 608
GLENWOOD SPRINGS, COLORADO 81601
PHONE 13031 945-5474
December 18, 1985
Garfield County Department of Development
Attn: Mark Bean
109 8th Street
Glenwood Springs, CO 81601
RE: Gailen B. Smith and Pamela D. Smith
Cottonwood Hollow Subdivision
Dear Mark:
Enclosed is the Letter of Credit from Alpine Bank & Trust
for Cottonwood Hollow Subdivision and a proposed Agreement of
Amendment to the Subdivision Improvements Agreement since the bad
weather is preventing Gailen from working on the Phase II
improvements.
Thank you for your consideration of these matters.
Very truly yours,
i
Robert F. Chaffin
RFC:cd
encl
cc: Gailen Smith
• •
Alpine Bank &Trust
Glenwood Springs
December 18, 1985
Board of County Commissioners
Garfield County Courthouse
Glenwood Springs, CO 81601
RE: Irrevocable Letter of Credit No. 5800 for Cottonwood
Hollow Subdivision
Gentlemen:
We hereby authorize you to draw on Alpine Bank and Trust, a
Colorado banking corporation, for the account of the party
stated below for the sum or sums not exceeding a total amount
stated below.
Beneficiary: County of Garfield, Colorado
Account of: Cottonwood Hollow Subdivision
Date: December 18, 1985
Amount (not exceeding): $9,800.00
By your drafts at: Alpine Bank and Trust
P.O. Box 10000
Glenwood Springs, CO 81602
All drafts must be marked: "Drawn under Alpine Bank and Trust
Letter of Credit No. 5800"
Accompanied by:
The documentation set forth on
attached Exhibit "A" and incor-
porated herein by reference.
We hereby agree with the drawers, endorsers and bonafide holders of
drafts under and in compliance with the terms of this Letter of
Credit, that the same will be duly honored on due presentation to
the drawee if presented on or before the 1st day of September, 1986.
Alpine Bank and Trust ,A Colorado
Bankin: ,.ratio 2
By:
Steve Connolly, Presid
2200 Grand Avenue • P.O. Box 10000 • Glenwood Springs, Colorado 81602 • (303) 945-2424
Formerly known as Valley Bank and Trust
f.
•
EXHIBIT "A"
1. Receipt of a certified copy of final order of the District
Court of Garfield County, Colorado, appointing a receiver for Cottonwood
Hollow Subdivision, at the instance and request of the County of Garfield
by reason of the failure of Cottonwood Hollow Subdivision to complete
the construction of certain improvements which are described in the
"Subdivision Improvement Agreement" which is made a part hereof for
all purposes, and the Receiver named in said order is authorized to
operate Cottonwood Hollow Subdivision's business for the sole purposes
of completing the construction of said improvements as provided in said
agreement, together with a certificate of the Clerk of said District
Court certifying that said order is final; or,
2. A written affidavit duly signed and sworn to by a duly elected
and acting Chairman of the Board of County Commissioners of Garfield
County, Colorado stating the following:
2.1 That Cottonwood Hollow Subdivision's registered professional
engineer has not certified that the construction of the improvements
described in said "Subdivision Improvement Agreement" has been com-
pleted in the time or in the manner as provided in said agreement; and,
2.2 That notice of default has been given to Cottonwood Hollow
Subdivision by Garfield County, Colorado, as provided in paragraph 2
of said agreement (a copy of which notice shall be attached to said
affidavit); and
2.3 That Cottonwood Hollow Subdivision has failed to cure the
default(s) as stated in the notice within a period of ninety (90)
days after the mailing of said notice; and
2.4. That the County of Garfield, Colorado has elected to either
complete the construction of the improvements as specified in said
agreement itself or has hired a third party to complete the work
and the name and address of said third party which the County has
hired to complete said work.
3. Any construction of such improvements either by a receiver, by
Garfield County, or by a third party hired by Garfield County shall be
in accordance with the plans and specifications of Cottonwood Hollow
Subdivision's registered engineer.
4. Notwithstanding any other provisions hereof, or the Subdivision
Improvement Agreement attached hereto, it is expressly understood and
agreed that the total liability of Alpine Bank and Trust shall not exceed
the said sum of $9,800.00 to guarantee the completion of construction
according to the "Subdivision Improvement Agreement" for Cottonwood
Hollow Subdivision whether or not said funds are advanced directly to
the developer, or advanced to any receiver of the County. It is further
understood and agreed that any funds advanced by Alpine Bank and Trust
under this Irrevocable Letter of Credit shall be certified by the
Developer's engineer and paid in accordance with such certification.
Reaprded at •V' C. o'clock_ IA M JUL 2 3 i H 5
Reopption N. :1(12572 MILD::ED ALCDORF, RECORDER
GARFIELD COUNTY, COLORADO
EcoK 672 rec=744
AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this _ day o
1985, by and between GAILEN B. SMITH and PAMELA D. SMIT (her inafter
referred to as "Smiths"), and the Board of County Commissioners of
Garfield County, Colorado, (hereinafter referred to as the "County").
WITNESSETH:
WHEREAS, Smiths are the owners of certain real property located in
Garfield County, Colorado, which real property is now know as Cottonwood
Hollow Subdivision (hereinafter referred to as the "Subdivision") as
recorded on the plat thereof of record, Reception No. 356153;
WHEREAS, as a condition of approval of the Final Plat for the
Subdivision, the Smiths entered into a Subdivision Improvements Agreement
(hereinafter referred to as the "Agreement") with the County dated October
1, 1984; and in Book 657 at Page 647, Reception No. 356155;
WHEREAS, Smiths have applied to the County to amend said Agreement
which Amendment the County finds to be acceptable to it as set forth in
this Amendment to the Agreement; and
NOW, THEREFORE, for and in consideration of the premises and the
following mutual covenants and agreements, the parties hereby agree to
amend said Agreement as follows:
1. The last sentence starting on page 3 of said Agreement, which
starts with the words "However, no title to these lots...." is hereby
changed to insert the following in its place"
"Title to these lots specified as Phase II may be conveyed on the
condition that Smiths will complete the public improvements for Phase II
of the Subdivision as set forth on Exhibit B, except for chip and seal on
the road, within 90 days of the date of transfer of title to any of said
Phase II lots. No building permits for said lots shall be issued until
said improvements, except for the chip and seal on the road, have been
accepted by the County. Chip and seal on the road shall be completed as
provided for in this Agreement, but not later than October 1, 1987."
2. All other terms and conditions of said Agreement shall remain in
full force and effect.
• 1
Dated this 22nd day of July , 1985.
ATTEST:
n
BOOK 672 PAGE745
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Cler and Recorder of Garfi ld County,
Coltirado, Ex -Officio Clerk o the Board
of County Commissioners of Garfield County
Colorado
A
Gailen B. Smith
Pamela D. Smith
WbcS
My Carta;=.,- -n ex - %r s 5/12/84
P.O_ ,_'ox `�
Gienwov'' ' ;Jcin� . G4. t3`Yfl��Ci
•
SUBDIVISION IMPROVEMENTS AGREEMENT
' /ss
THIS AGREEMENT, made and entered into this rirsi' day
of OcA-0k7ef. , 1984, by and between GAILEN B. SMITH
and PAMELA D. SMITH (hereinafter referred to as "Smiths"), and
the Board of County Commissioners of Garfield County, Colorado,
(hereinafter referred to as the "County").
WITNESSETH:
WHEREAS, Smiths are the owners of certain real property
located in Garfield County, Colorado, more particularly described
on Exhibit "A" attached hereto and incorporated herein by this
reference, which is filed on even date herewith, which real
property is now known as Cottonwood Hollow Subdivision (herein-
after referred to as the "Subdivision"); and
WHEREAS, as a condition of approval of the Final Plat for
the Subdivision, the Smiths wish to enter into this Subdivision
Improvements Agreement (hereinafter referred to as the "Agree-
ment") with the County; and
WHEREAS, the County has required and the Smiths 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 Smiths have agreed to execute and deliver
letters 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. Smiths Performance. On or before October 1, 1986,
the Smiths agree to construct and install, or cause to be
constructed and installed, at their sole expense, those public
improvements set forth on Exhibit "B", as Phase II items 1
1
• •
through 5. On or before October 1, 1987, the Smiths agree to
construct and install, or cause to be constructed and installed,
at their sole expense, those public improvements set forth on
Exhibit "B", as Phase III items through 1 through 6. The Smiths
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.
b) All laws of the United States, State of Colorado and
its various agencies, affected special districts,
and/or municipalities providing utility services.
c) Such other designs, drawings, maps, specifications,
sketches and other matter submitted to and approved by
any of the above stated governmental entities.
The County agrees that provided such improvements are
installed in accordance with this Paragraph One, then the Smiths
shall be deemed to have satisfied all terms and conditions of the
zoning and subdivision laws, covering resolutions and regulations
of Garfield County, Colorado, including, but not limited to
Resolution No. 83- 33i , adopted byCounty
the on /0‘241/83
approving the preliminary plan for the Subdiviio and
Resolution No. g4 -/O$ , adopted by the County on 4////g4
approving the Final Plat for the Subdivision.
2. Cost of Improvements. It is understood for purposes
of this Agreement that the cost of all of said public improve-
ments is $20,020.00, which is based upon the engineering cost
estimates set forth on Exhibit "B" for Phases II and III of the
Subdivision as well as the additional security to be provided for
improvements to existing County roads as specified hereinafter,
which amount the County finds reasonable and hereby approves and
accepts. The Smiths shall provide, on request of the County,
written confirmation of such estimates by Smiths' engineering
consultants.
3. Security for Improvements. On or before October 1,
1985, the Smiths 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
2
• •
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 for Phase II of the Subdivision,
plus an inflation factor as provided for in Paragraph 4 below.
On or before October 1, 1986, the Smiths 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 construc-
tion costs associated with the public improvements for Phase III
of the Subdivision, plus an inflation factor as provided for in
Paragraph 4 below. In the event the Smiths fail to deliver said
letters of credit to the County in the sum specified, for the
necessary public improvements for the 2nd and 3rd Phases of the
Subdivision, by the dates specified above, for each Phase, then
the Plat of the Subdivision may be vacated by the County, except
for that portion of the Subdivision designated herein as Phase I,
consisting only those lots specified on the Subdivision Final
Plat as Lots 1, 5, 6, 12 and 13, 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, except as to the lots specified for Phase I of the
Subdivision on the Final Plat. Contemporaneously with the
execution of this Agreement, the Smiths have delivered their
written consent to said vacation of the Final Plat in Phases as
specified above in the event acceptable 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 Smiths may convey title to those lots designated
as Phase I on the Final Plat, consisting solely of Lots 1, 5, 6,
12 and 13, for which no additional public improvements are neces-
sary. Upon the Smiths delivering to the County said letter of
credit for the cost of the Phase II public improvements for the
Subdivision, as specified on Exhibit "B", the Smiths shall be
entitled to enter into pre -sales agreements for the sale of those
lots designated as Phase II on Exhibit "A", consisting solely of
Lots 2, 3 and 4. However, no title to these lots specified as
Phase II shall be conveyed; nor building permits issued, until
the County has accepted the completed public improvements for
3
• •
Phase II of the Subdivision as set forth on Exhibit "B". Upon
the Smiths delivering to the County said letter of credit for the
costs of Phase III public improvements for the Subdivision as
specified on Exhibit "B", the Smiths shall be entitled to enter
into pre -sales agreements for the sale of these lots designated
as Phase III on Exhibit "A" consisting solely of lots 7, 8, 9, 10
and 11. However, no title to these lots, specified as Phase III
of the Subdivision, shall be conveyed nor building permits issued
until the County has accepted the completed public improvements
for Phase III of the Subdivision as specified on Exhibit "B".
Upon delivery to the County of said letters of credit, the County
shall issue written approval, in a form recordable in the Office
of the Recorder of Garfield County, Colorado, stating that said
letters of credit have been provided pursuant to this Agreement,
and that pre -sales agreements for each respective Phase may be
entered into. However, the County shall not be required to issue
building permits for any buildings to be constructed within Phase
II or Phase III of the Subdivision until such time as all
improvements for such respective Phases 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 Smiths, delay construction of
improvements, such delays shall not prevent the issuance of
building permits so long as the respective letters of credit
remain in full force and effect. Upon receipt from the Smiths of
their professional engineer's certification that the public
improvements set forth on Exhibit "B" for Phase II of the
Subdivision have been completed and paid for, the County shall
return to the Smiths the letter of credit securing the Phase II
public improvements, as specified on Exhibit "B", and marked
"satisfied in full" and shall acknowledge that all such Phase II
improvements have been completed in a satisfactory manner and
shall otherwise release the aforesaid letter of credit for the
Phase II improvements, and a recordable form if requested by the
Smiths. Upon receipt from the Smiths of their professional
engineer's certification that the public improvements set forth
on Exhibit "B" for Phase III of the Subdivision have been
completed and paid for, the County shall return to the Smiths the
letter of credit securing the Phase III public improvements, as
specified on Exhibit "B", and marked "satisfied in full" and
shall acknowledge that all such Phase III improvements have been
completed in a satisfactory manner and shall otherwise release
the aforesaid letter of credit for the Phase III improvements,
and a recordable form if requested by the Smiths.
4
• •
The County may, at its option, permit the Smiths to substi-
tute other collateral acceptable to the County for the collateral
originally given by the Smiths, to secure the completion of the
improvements as hereinabove provided.
4. Inflation Adjustment. As provided in Paragraph 3
above, the amount of collateral shall be adjusted on an annual
basis for inflation based upon the Consumer Price Index, Denver,
All Urban Consumers Index, All Items, 1967 = 100, published by
the United States Department of Labor, Bureau of Labor Statis-
tics. Each year during the term of this Agreement, commencing on
the first day of October of each year, the base amount of the
collateral shall be adjusted by computing the increase, event,
and the cost of living for the preceding year, and adding the
same to the base amount of the collateral. The base index number
shall be the CIP number for July, 1984 of 349.9, and the
corresponding CPI number for the months of each succeeding year
shall be the current index number. The increase, if any, between
the base index number and the current number (expressed as a
percentage) shall be multiplied by the base amount of the
collateral and any resulting positive product shall be added to
the base amount of the collateral and the total thereof shall be
the adjusted amount of collateral. The parties hereby agree that
a new letter of credit will be issued which will equal the amount
of the adjusted amount of the collateral.
If at any time during the term or any extension hereof, said
Consumer Price Index is no longer published, the parties shall
use such other index as is generally recognized or accepted for
the purpose of making similar determinations of purchasing power.
5. Security for Improvements to Existing County Roads.
It is a requirement for the Subdivision to Participate in the
area road plan, in the event one is created, or in such area road
improvements as may be constructed within 5 years of the
recording of the Final Plat, in the manner specified herein, and
to provide security for such improvements in the manner specified
herein. The amount of $750 per lot for each of 11 lots of the
Subdivision, being all lots of the Subdivision excepting Lots 4
and 11, shall be secured with a letter of credit, in a form
acceptable to the County, running to the benefit of the County,
to be delivered to the County prior to the conveyance of any lots
of the Subdivision, except Lots 4 and 11. Said letter of credit
is to be used to secure the Smith's performance and participation
in an area road plan or actual road improvements done, within 5
5
• •
years of the recording of the Final Plat for the Subdivision, for
road improvements on Garfield County Road 113 from just below its
intersection with Garfield County Road 112 up to and including
the County Road through the Subdivision. Any letter of credit
required to secure the Smith's performance and participation in
any improvements to the existing County Road serving the
Subdivision, as specified herein, shall be in addition to or a
part of, any other letters of credit required to secure the
public improvements necessary for Phases II and III of the
Subdivision as specified in Exhibit "A" attached hereto, or the
Smiths may elect to include such additional amounts of securities
as additions to any outstanding letter of credit required
pursuant to this agreement. Should an area road plan not be
instituted within a 5 year period from the recording of the Final
Plat of the Subdivision, then the Smiths shall be released from
all liability for the provision of security for improvements to
the existing County Roads serving the Subdivision, and any
letters of credit delivered to the County, in accordance with
this Paragraph, as security for improvements to the existing
County Roads serving the Subdivison shall be released.
6. Notice of Deficiencies. If the County determines
that the improvements within any Phase are not constructed in
compliance with the Specifications therefore, it shall furnish a
written list of specific deficiencies to Smiths. If the deficien-
cies 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 Smiths, the County may draw on
such delivered letters of credit for such funds as may be neces-
sary to complete the construction of the required improvements in
accordance with such Specifications.
7. Improvement Sequence. Paving of the street improve-
ments required to be completed by October 1, 1987 shall not be
done until all utility lines to be placed in or under the streets
have been completely installed.
8. Cash in Lieu of Land Dedication for School Impact.
The Smiths have negotiated with the Roaring Fork School District
RE -1 and both parties have agreed that the Smiths will deposit
with the Garfield County Board of County Commissioners a total of
$1,139.05, being $103.55 for each of the eleven (11) new home
lots, being $517.75 for Phase I payable at the time of recording
of the Final Plat, and $207.10 for Phase II and $414.20 for Phase
III, payable upon the acceptance by the County of the public
improvements for each Phase, to be utilized for future school
site acquisitions in lieu of land dedication.
9. 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
6
• •
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.
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 herein shall be
binding upon and inure to the benefit of Smiths, their heirs,
successors and assigns.
Done this / day of ((�/ , 1984.
ATTEST:
; (Lkft
LE'K AND RECORDER •F
GARFIELD COUNTY, C��� ORADO,
EX OFFICIO CLERK TO THE
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
GARFIID COUNTY, COLORADO
r
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PAMELA D.
7
SMITH
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ENGINEERING ESTIMATE BY PHASES
PHASE I (Lots 1, 5, 6, 12 and 13)
No public improvements required.
PHASE II (Lots 2, 3 and 4)
ITEM DESCRIPTION
Exhibit B
UNIT/
UNIT QUANTITY PRICE
AMOUNT
1. Unclassified Excavation
2. Embankment
3. Aggregate Base Course
(class 6)
4. 3/4" Chip Seal
5. 15" Corrugated Steel Pipe
Cu.Yd. 300
Cu.Yd. 300
Ton 675
Lin.Ft.
Lin.Ft.
650
40
Estimated Total
PHASE III (Lots 7, 8, 9, 10 and 11)
ITEM DESCRIPTION
UNIT QUANTITY
1. Unclassified Excavation
2. Embankment
3. Aggregate Base Course
(class 6)
4. 3/4" Chip Seal
5. 60" Corrugated Steel Pipe
6. 4" Concrete Slab and
Headwalls
Cu.Yd.
Cu.Yd.
Ton
Lin.Ft.
Lin.Ft.
200
200
600
580
6
$2.00
2.00
8.00
4.00
15.00
UNIT
PRICE
$2.00
2.00
8.00
4.00
50.00
$600.00
600.00
5,400.00
2,600.00
600.00
$9,800.00
AMOUNT
Lump Sum 1 2,000.00
Estimated Total
Estimated Total of All
Public Improvements -
$400.00
400.00
4,800.00
2,320.00
300.00
2,000.00
$10,220.00
$20,020.00
ENGINEERING ESTIMA`T'E BY PHASES
PHASE I (Lots 1, 5, 6, 12 and 13)
No public improvements
PHASE II (Lots 2, 3 and 4)
ITEM DESCRIPTION
required.
UNIT QUANTITY
Exhibit B
UNIT/
PRICE
AMOUNT
1. Unclassified Excavation
2. Embankment
3. Aggregate Base Course
(class 6)
4. 3/4" Chip Seal
5. 15" Corrugated Steel Pipe
Cu.Yd.
Cu.Yd.
Ton
Lin.Ft.
Lin.Ft.
300
300
675
650
40
Estimated Total
PHASE III (Lots 7, 8, 9, 10 and 11)
ITEM DESCRIPTION
$ 2.00
2.00
8.00
4.00
15.00
UNIT/
UNIT QUANTITY PRICE
$ 600.00
600.00
5,400.00
2,600.00
600.00
$9,800.00
AMOUNT
1. Unclassified Excavation
2. Embankment
3. Aggregate Base Course
(course 6)
4. 3/4" Chip Seal
5. 60" Corrugated Steel Pipe
6. 4" Concrete Slab and
Headwalls
Cu.Yd.
Cu.Yd.
Ton
Lin.Ft.
Lin.Ft.
Lump Sum
200
200
600
580
6
1
Estimated Total
$ 2.00
2.00
8.00
4.00
50.00
2,000.00
Estimated Total of All
Public Improvements:
RE -1 SCHOOL DIST. DEDICATION
PRASE I, 5 lots
PHASE II, 2 lots
PHASE III, 4 lots
TOTAL 11 lots
$ 517.75
207.10
= 414.20
$ 1,139.05
$ 400.00
400.00
4,800.00
2,320.00
300.00
2,000.00
$10,220.00
$20,020.00
ADDENDUM
COME NOW the parties herein and agree as follows:
1. That at the time the cul de sac provided for in Phase 3
of the subject project is constructed, a registered land surveyor,
at the developer's expense, will place the monumentum required by
Section 5:23(B)(4) of the Garfield County Subdivision Regulations of
1984.
DATED this day of October, 1984.
ATTEST:
Mildred Alsdorf, Garf.eld
County Clerk and Reco der
BOARD OF COUNTY COMMISSIONERS
OF GARFIztD COUNTY, COLORADO
Ar
- rmad/
Pamela D. Smith
/\\ mountain agineering 61cnd ruribying co.
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406 s. hyland square, suite a-1
glenwood springs, colorado 81601
945-2045
p.o. box 14 gypsum, colorado 81637 524-9414
ENGINEERING ESTIMATE
and
CONSTRUCTION DOCUMENTS
for the
FINAL PLAT APPLICATION
for
COTTONWOOD HOLLOW SUBDIVISION
GARFIELD COUNTY, COLORADO
PREPARED FOR
GAILEN AND PAMELA SMITH
PREPARED BY
MOUNTAIN ENGINEERING AND LAND SURVEYING COMPANY
406 S. Hyland Square Suite A-1
Glenwood Springs, Colorado 81601
BY:
David W. Grounds
P.E. No. 11260
Date: September 7, 1984
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s
ENGINEERING ESTIMATE BY PHASES
PHASE I (Lots 1, 5, 6, 12 and 13)
No public improvements required.
PHASE II (Lots 2, 3 and 4)
ITEM DESCRIPTION
Exhibit B
UNIT/
UNIT QUANTITY PRICE AMOUNT
1. Unclassified Excavation
2. Embankment
3. Aggregate Base Course
(class 6)
4. 3/4" Chip Seal
5. 15" Corrugated Steel Pipe
Cu.Yd. 300 $2.00 $600.00
Cu.Yd. 300 2.00 600.00
Ton 675 8.00 5,400.00
Lin.Ft.
Lin.Ft.
650 4.00 2,600.00
40 15.00 600.00
Estimated Total
PHASE III (Lots 7, 8, 9, 10 and 11)
ITEM DESCRIPTION
$9,800.00
UNIT
UNIT QUANTITY PRICE AMOUNT
1. Unclassified Excavation
2. Embankment
3. Aggregate Base Course
(class 6)
4. 3/4" Chip Seal
5. 60" Corrugated Steel Pipe
6. 4" Concrete Slab and
Headwalls
Cu.Yd. 200 $2.00 $400.00
Cu.Yd. 200 2.00 400.00
Ton 600 8.00 4,800.00
Lin.Ft. 580 4.00 2,320.00
Lin.Ft. 6 50.00 300.00
Lump Sum 1 2,000.00 2,000.00
Estimated Total $10,220.00
Estimated Total of All
Public Improvements - $20,020.00
• •
ARTICLES OF INCORPORATION
OF
COTTONWOOD HOLLOW HOMEOWNERS' ASSOCIATION
In compliance with the requirements of the Colorado
Non -Profit Corporation Act, C.R.S. 1973, Article 7-20-101, et
seq., the undersigned, 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 COTTONWOOD HOLLOW HOMEOWNERS'
ASSOCIATION, hereinafter called the "Association".
ARTICLE II
REGISTERED OFFICE AND AGENT
The registered office of the Association shall be 5062 113
Road, Glenwood Springs, Colorado 81601, and the Registered Agent
of the Association, whose address is identical to that of the
Association, shall be Gailen B. Smith.
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 maintenance, preservation
and architectural control of the lots of the property known as
the Cottonwood Hollow Subdivision as set forth in the plat to be
recorded with the Clerk and Recorder of Garfield County, Colo-
rado, 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 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 Cottonwood Hollow 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;
(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, 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.
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:
GAILEN B. SMITH P.O. Box 116
Glenwood Springs, CO 81602
PAMELA D. SMITH P.O. Box 116
Glenwood Springs, CO 81602
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 Associa-
tion 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 accep-
tance, 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.
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.
3
IN WITNESS WHEREOF, for the purpose of forming this corpora-
tion under the laws of the State of Colorado, I, the undersigned,
constituting the incorporator of this Association, have executed
these Articles of Incorporation this //217, day of September,
1984.
STATE OF COLORADO )
ss.
County of Garfield
,EAILEN B. SMITH
Subscribed and sworn to before me this ON day of Septem-
ber, 1984 by GAILEN B. SMITH.
Witness my hand and offic
My commission expires:
4
al seal. d
1,eel (2. /«tig
Notary Public
RICHARD D. LAMM
Governor
DIVISION OF WATER RESOURCES
WATER DIVISION V
ORLYN J. BELL
DIVISION ENGINEER
P.O. BOX 396
1429 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81602
945-5665
September 19, 1984
Mr. Mark L. Bean
Garfield County Dept Development
2014 Blake Avenue
Glenwood Springs, CO 81601
RE: Cottonwood Hollow
Dear Mr. Bean:
JERIS A. DANIELSON
State Engineer
jr, , 1i C&)
Uf,1 1984
GAIFIELD, CQ. MUD'
r
Upon inspection of McVey Reservoir, September 17, 1984, I was able
establish the following:
1) A depth -area -capacity curve has been established
1.67 acre-feet of total capacity.
2) An appropriate staff gage has been installed.
3) Other aspects of the Reservoir appear to be in
this time.
OJB:mb
cc: File
showing
order at
Respectfully yours,
Orlyn J. Bell
Division V engineer
to
RoarirRg Fork School District RE -1
Box 820
Glenwood Springs, Colorado 81602
Telephone (303) 945-6558
DWIGHT L. HELM, Superintendent
ROBERT D. LAFFOON, Assistant Superintendent
DR. JAMES L. BADER, Assistant Superintendent
September 11, 1984
Mr. Paul Olson
Sundesigns Architects and Planners
901 Blake Avenue
Glenwood Springs, Colorado 81601
Re: Cottonwood Subdivision
Dear Mr. Olson:
In regard to my letter of August 24, 1984, re Cotton-
wood Subdivision land dedications, after negotiating
with Gailen Smith, please amend letter to read money
in lieu of land as follows:
11/50 x 375.000 = $1,139.00
72.43
Payment to be made as each lot is sold.
Sincerely yours,
C.�rL��-C,r�
Dwight L. �tiielm
/mlw
cc: ✓Hark Bean, Garfield County Planning
Gailen Smith
SEP 1
k 1981,`", '.
• •
CARBONDALE FIRE PROTECTION DISTRICT
300 Meadowood Drive
Carbondale, Colorado 81623
(303) 963-2491
August 31, 1984
Mr. Mark Bean
Garfield County Planner
109 8th Street Suite 306
Glenwood Springs, Colorado 81601
Dear Mark,
As per your request, I have enclosed a copy of Judge Ossola's
"Order for Inclusion" to the Carbondale & Rural Fire Protec-
tion District of certain private properties in the Cattle Creek
Drainage Portion of Garfield County. Included in the annexation
was the Cottonwood Hollow P.U.D.
Your assistance to the District throughout the annexation
process has been appreciated. If you have any questions,
feel free to call me at 963-2491.
Sincerely,
Ron Leach
Carbondale & Rural Fire Protection District
Chief
Enclosure
RL:vb
Jc'iidPc'7;1
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1?
SEP 1984
SUNDESIGNS
ARCHITECTS
ARCHITECTURE
LAND PLANNING
SOLAR CONSULTING
• •
September 14, 1984
Mark Bean
Garfield County Dept. of Development
Garfield County Commissioners' Office
RE: Cottonwood Hollow Subdivision
Dear Mark,
The following items required for submission of the Final Plat
are not available at this time:
Division of Water Resources' letter of approval -Orlin Bell
will inspect the McVey Reservoir and insure that all conditions
have been met on 17 Sep. His approval should be delivered
to you shortly after.
Holy Cross' letter of agreement -you should receive this early
next week per your conversation with Ken Roberts.
Incorporation of the Homeowners Association -a copy of the
application is included. It will be some time befort it
gets processed by the state system.
Survey items for Scarrow to relay to Scarrow:
Setting of perimeter monuments
Submission of aliquot corners
Colorado State Land Survey monument record forms
Thank you for your cooperation.
Sincerely,
SUNDESIGNS ARCHITECTS
41,1 11,b‘l)
Paul G. Olson
901 BLAKE AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201
410 DECLARATION OF PROTECTIVE COVENANTS
FOR COTTONWOOD HOLLOW SUBDIVISION
•
WHEREAS, GAILEN B. SMITH and PAMELA D. SMITH (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 Cattle Creek area, Garfield County,
State of Colorado, described as the Cottonwood Hollow
Subdivision, as the same appears on the Final Plat filed for
record on 1984 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 protec-
tive 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 Cottonwood Hollow Subdivision.
1.2 HOA shall mean Cottonwood Hollow Homeowners' Associa-
tion.
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 Unit shall mean a residential dwelling unit.
1.6 Owner shall mean the owner of a lot or unit in the
Subdivision.
2.0 HOMEOWNERS' ASSOCIATION.
2.1 Homeowners' Association. Any and all owners of lots
in the Sudivision upon accepting a deed for that property agree
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to and shall be a member of, and be subject to, the obligations
and duly enacted bylaws and rules of the Cottonwood Hollow
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, limita-
tions 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, assess-
ments, 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.
2.2 Individual Septic Systems. It will be the responsi-
bility of the HOA to ensure proper maintenance of individual
septic systems. The program should 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 Cottonwood Hollow Lane. Road mainte-
nance and repair of the cul-de-sac, as well as snow removal,
shall be the responsibility of the HOA. The payment of such
upkeep shall be divided in a fair and equitable manner by the
owners of lots served by the cul-de-sac.
2.4 Plan of Augmentation. Each lot owner shall comply
with and be subject to the terms and conditions of the Plan of
Augmentation and any water rights under which any individual well
2
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is operated. Amendments to the Plan of Augmentation for Cotton-
wood Hollow Subdivision must be approved by the HOA. The HOA
shall then make Application to the Water Court. The HOA shall
not be held liable for any result of said Application, and the
lot owner shall reimburse the HOA for all cost and attorney's
fees in processing the Application.
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 Exhibit
"A". 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.
3.2 Utility Lines. No new power lines, phone lines or
television cable shall be permitted unless said lines are buried
underground and out of sight from the transformer pole to the
structure, at the owner's expense.
3.3 Utility Easements. The existing fifteen (15) foot
wide utility easement shown on Exhibit "A" shall remain as
granted to Holy Cross Electric Association prior to the recording
of the Cottonwood Hollow Subdivision Final Plat, except that it
shall include, but not be limited to, telephone and cable televi-
sion lines. All new twenty (20) foot wide utility easements
shown on Exhibit "A" shall include, but not be limited to, elec-
tric power, telephone and cable television lines. Guy wires and
anchors may be located outside all easements with the approval of
the HOA. In the event that any new line cannot be located within
the easements as shown on Exhibit "A", the resulting easements
shall be so described in a metes and bounds description and
recorded with the Garfield County Clerk and Recorder. The loca-
tion of transformer poles providing service to each lot shall be
approved by the HOA.
4.0 MAINTENANCE OF PROPERTY.
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 neighbor-
hood.
4.3 Clotheslines, equipment, garbage cans, service yards,
woodpiles, or storage areas shall be adequately screened by plant-
ing or construction to conceal the same from neighboring lots and
streets.
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4.4 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.
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 on said new
lot does not exceed the number of dwelling units approved for the
separate lots before the single lot was created, 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 Author.iity. The ACC shall have the responsibility
and authority to review, study, make recommendations and sugges-
tions 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 build-
ing plans and site plans and specifications showing color, loca-
tion, 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 plan-
ning, 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 specifica-
tions, the ACC shall consider:
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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 subdi-
vision 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 sixty (60) days of submission and no suit
to enjoin the construction has been commenced prior to the comple-
tion 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.
8.1 No more than one (1) single family dwelling shall be
erected upon any lot. Two (2) detached outbuildings used as a
garage, stable, barn, and/or shed are permitted if approved by
the ACC.
8.2 All structures to be built on any single lot shall be
within the designated and platted building envelope, with the
exception of non -inhabitable outbuildings which may be sited
outside of the building envelope with ACC approval.
8.3 The mininum size of each single-family structure shall
be not less than 1200 square feet of floor area, exclusive of
open porches, garages and carport.
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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 No structure shall be erected by means of other than
new construction, it being the purpose of this covenant to insure
that old buildings will not be moved from previous locations and
placed upon a lot.
8.6 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.
8.7 Each structure shall be completed within one (1) year
from date of commencement of construction.
8.8 No structure of a temporary character, trailer, base-
ment, 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.
8.9 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.
9.0 FENCES. Architectural screen fences, limited to six (6)
feet above ground level and constructed of natural wood, are
allowed, providing they are located within the buildng envelope
and approved by the ACC. All other fencing shall be open, wood
post and wood rail, or wood post and plain wire (no barbed wire
shall be permitted). Fences shall be constructed no higher than
forty-two (42) inches high, preferably with a solid wood top
rail. Under no circumstances shall a fence cross Cattle Creek.
10.0 ANIMALS.
10.1 The grazing of livestock shall occur only in fenced
pasture area capable of supporting grazing. Animals are
restricted from grazing during non -growing seasons. A maximum of
four (4) horses per lot shall be allowed, except on the lots not
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capable of supporting livestock, those being 5, 6, 10, 12 and 13.
Paddock areas should be located on relatively flat ground and
constructed as herein provided..
10.2 Domestic animals must be kept within the boundary of
the lot of the owner. Dogs shall not be allowed to run loose.
They shall be fenced, chained, or housed.
10.3 Lots must be kept clean, sanitary and reasonably free
from refuse, insects and waste at all times.
10.4 No hunting, shooting, trapping or otherwise killing or
harming of wildlife shall be permitted.
11.0. 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, 2000, 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.
12.0 ENFORCEMENT.
12.1 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:
12.1.1 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 proper-
ty 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
12.1.2 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 covenant and for damages.
12.1.3 In the event any party with any rights provided
under the terms of these restrictive and protective
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covenants must bring legal action for the enforce-
ment of such covenants, then the prevailing party in
such action shall be entitled to the recovery of
reasonable attorney fees and costs of litigation,
including reasonable costs of expert witness fees,
if any.
13.0 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, 2000.
14.0 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
day of , 1984.
411 STATE OF COLORADO
) ss.
County of Garfield
•
GAILEN B. SMITH
PAMELA D. SMITH
The foregoing was acknowledged before me this day of
September, 1984 by GAILEN B. SMITH and PAMELA D. SMITH.
Witness my hand and official seal.
My commission expires:
Notary Public
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SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 1984, by and between GAILEN B. SMITH
and PAMELA D. SMITH (hereinafter referred to as "Smiths"), and
the Board of County Commissioners of Garfield County, Colorado,
(hereinafter referred to as the "County").
WITNESSETH:
WHEREAS, Smiths are the owners of certain real property
located in Garfield County, Colorado, more particularly described
on Exhibit "A" attached hereto and incorporated herein by this
reference, which is filed on even date herewith, which real
property is now known as Cottonwood Hollow Subdivision (herein-
after referred to as the "Subdivision"); and
WHEREAS, as a condition of approval of the Final Plat for
the Subdivision, the Smiths wish to enter into this Subdivision
Improvements Agreement (hereinafter referred to as the "Agree-
ment") with the County; and
WHEREAS, the County has required and the Smiths 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 Smiths have agreed to execute and deliver
letters 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. Smiths Performance. On or before October 1, 1986,
the Smiths agree to construct and install, or cause to be
constructed and installed, at their sole expense, those public
improvements set forth on Exhibit "B", as Phase II items 1
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• through 5. On or before October 1, 1987, the Smiths agree to
construct and install, or cause to be constructed and installed,
at their sole expense, those public improvements set forth on
Exhibit "B", as Phase III items through 1 through 6. The Smiths
agree that all public improvements are to be completed as
identified on Exhibit "B" and shall be constructed in compliance
with the following:
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a) All final plat documents submitted prior to or at the
time of the final plat approval.
b) All laws of the United States, State of Colorado and
its various agencies, affected special districts,
and/or municipalities providing utility services.
c) Such other designs, drawings, maps, specifications,
sketches and other matter submitted to and approved by
any of the above stated governmental entities.
The County agrees that provided such improvements are
installed in accordance with this Paragraph One, then the Smiths
shall be deemed to have satisfied all terms and conditions of the
zoning and subdivision laws, covering resolutions and regulations
of Garfield County, Colorado, including, but not limited to
Resolution No. , adopted by the County on
approving the preliminary plan for the Subdivision, and
Resolution No. , adopted by the County on
approving the Final Plat for the Subdivision.
2. Cost of Improvements. It is understood for purposes
of this Agreement that the cost of all of said public improve-
ments is $20,020.00, which is based upon the engineering cost
estimates set forth on Exhibit "B" for Phases II and III of the
Subdivision as well as the additional security to be provided for
improvements to existing County roads as specified hereinafter,
which amount the County finds reasonable and hereby approves and
accepts. The Smiths shall provide, on request of the County,
written confirmation of such estimates by Smiths' engineering
consultants.
3. Security for Improvements. On or before October 1,
1985, the Smiths 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
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• 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 for Phase II of the Subdivision,
plus an inflation factor as provided for in Paragraph 4 below.
On or before October 1, 1986, the Smiths 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 construc-
tion costs associated with the public improvements for Phase III
of the Subdivision, plus an inflation factor as provided for in
Paragraph 4 below. In the event the Smiths fail to deliver said
letters of credit to the County in the sum specified, for the
necessary public improvements for the 2nd and 3rd Phases of the
Subdivision, by the dates specified above, for each Phase, then
the Plat of the Subdivision may be vacated by the County, except
for that portion of the Subdivision designated herein as Phase I,
consisting only those lots specified on the Subdivision Final
Plat as Lots 1, 5, 6, 12 and 13, 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, except as to the lots specified for Phase I of the
110 Subdivision on the Final Plat. Contemporaneously with the
execution of this Agreement, the Smiths have delivered their
written consent to said vacation of the Final Plat in Phases as
specified above iri the event acceptable 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 Smiths may convey title to those lots designated
as Phase I on the Final Plat, consisting solely of Lots 1, 5, 6,
12 and 13, for which no additional public improvements are neces-
sary. Upon the Smiths delivering to the County said letter of
credit for the cost of the Phase II public improvements for the
Subdivision, as specified on Exhibit "B", the Smiths shall be
entitled to enter into pre -sales agreements for the sale of those
lots designated as Phase II on Exhibit "A", consisting solely of
Lots 2, 3 and 4. However, no title to these lots specified as
Phase II shall be conveyed; nor building permits issued, until
the County has accepted the completed public improvements for
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Phase II of the Subdivision as set forth on Exhibit "B". Upon
•
the Smiths delivering to the County said letter of credit for the
costs of Phase III public improvements for the Subdivision as
specified on Exhibit "B", the Smiths shall be entitled to enter
into pre -sales agreements for the sale of these lots designated
as Phase III on Exhibit "A" consisting solely of lots 7, 8, 9, 10
and 11. However, no title to these lots, specified as Phase III
of the Subdivision, shall be conveyed nor building permits issued
until the County has accepted the completed public improvements
for Phase III of the Subdivision as specified on Exhibit "B".
Upon delivery to the County of said letters of credit, the County
shall issue written approval, in a form recordable in the Office
of the Recorder of Garfield County, Colorado, stating that said
letters of credit have been provided pursuant to this Agreement,
and that pre -sales agreements for each respective Phase may be
entered into. However, the County shall not be required to issue
building permits for any buildings to be constructed within Phase
II or Phase III of the Subdivision until such time as all
improvements for such respective Phases 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 Smiths, delay construction of
improvements, such delays shall not prevent the issuance of
building permits so long as the respective letters of credit
remain in full force and effect. Upon receipt from the Smiths of
their professional engineer's certification that the public
• improvements set forth on Exhibit "B" for Phase II of the
Subdivision have been completed and paid for, the County shall
return to the Smiths the letter of credit securing the Phase II
public improvements, as specified on Exhibit "B", and marked
"satisfied in full" and shall acknowledge that all such Phase II
improvements have been completed in a satisfactory manner and
shall otherwise release the aforesaid letter of credit for the
Phase II improvements, and a recordable form if requested by the
Smiths. Upon receipt from the Smiths of their professional
engineer's certification that the public improvements set forth
on Exhibit "B" for Phase III of the Subdivision have been
completed and paid for, the County shall return to the Smiths the
letter of credit securing the Phase III public improvements, as
specified on Exhibit "B", and marked "satisfied in full" and
shall acknowledge that all such Phase III improvements have been
completed in a satisfactory manner and shall otherwise release
the aforesaid letter of credit for the Phase III improvements,
and a recordable form if requested by the Smiths.
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The County may, at its option, permit the Smiths to substi-
tute other collateral acceptable to the County for the collateral
originally given by the Smiths, to secure the completion of the
improvements as hereinabove provided.
4. Inflation Adjustment. As provided in Paragraph 3
above, the amount of collateral shall be adjusted on an annual
basis for inflation based upon the Consumer Price Index, Denver,
All Urban Consumers Index, All Items, 1967 = 100, published by
the United States Department of Labor, Bureau of Labor Statis-
tics. Each year during the term of this Agreement, commencing on
the first day of October of each year, the base amount of the
collateral shall be adjusted by computing the increase, event,
and the cost of living for the preceding year, and adding the
same to the base amount of the collateral. The base index number
shall be the CIP number for July, 1984 of 349.9, and the
corresponding CPI number for the months of each succeeding year
shall be the current index number. The increase, if any, between
the base index number and the current number (expressed as a
percentage) shall be multiplied by the base amount of the
collateral and any resulting positive product shall be added to
the base amount of the collateral and the total thereof shall be
the adjusted amount of collateral. The parties hereby agree that
a new letter of credit will be issued which will equal the amount
of the adjusted amount of the collateral.
If at any time during the term or any extension hereof, said
Consumer Price Index is no longer published, the parties shall
use such other index as is generally recognized or accepted for
the purpose of making similar determinations of purchasing power.
5. Security for Improvements to Existing County Roads.
It is a requirement for the. Subdivision to Participate in the
area road plan, in the event one is created, or in such area road
improvements as may be constructed within 5 years of the
recording of the Final Plat, in the manner specified herein, and
to provide security for such improvements in the manner specified
herein. The amount of $750 per lot for each of 11 lots of the
Subdivision, being all lots of the Subdivision excepting Lots 4
and 11, shall be secured with a letter of credit, in a form
acceptable to the County, running to the benefit of the County,
to be delivered to the County prior to the conveyance of any lots
of the Subdivision, except Lots 4 and 11. Said letter of credit
is to be used to secure the Smith's performance and participation
in an area road plan or actual road improvements done, within 5
5
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•
years of the recording of the Final Plat for the Subdivision, for
road improvements on Garfield County Road 113 from just below its
intersection with Garfield County Road 112 up to and including
the County Road through the Subdivision. Any letter of credit
required to secure the Smith's performance and participation in
any improvements to the existing County Road serving the
Subdivision, as specified herein, shall be in addition to or a
part of, any other letters of credit required to secure the
public improvements necessary for Phases II and III of the
Subdivision as specified in Exhibit "B", or the Smiths may elect
to include such additional amounts of securities as additions to
any outstanding letter of credit required pursuant to this
agreement. Should an area road plan not be instituted within a 5
year period from the recording of the Final Plat of the
Subdivision, then the Smiths shall be released from all liability
for the provision of security for improvements to the existing
County Roads serving the Subdivision, and any letters of credit
delivered to the County, in accordance with this Paragraph, as
security for improvements to the existing County Roads serving
the Subdivison shall be released.
6. Notice of Deficiencies. If the County determines
that the improvements within any Phase are not constructed in
compliance with the Specifications therefore, it shall furnish a
written list of specific deficiencies to Smiths. If the deficien-
cies 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 Smiths, the County may draw on
such delivered letters of credit for such funds as may be neces-
sary to complete the construction of the required improvements in
accordance with such Specifications.
7. Improvement Sequence. Paving of the street improve-
ments required to be completed by October 1, 1987 shall not be
done until all utility lines to be placed in or under the streets
have been completely installed.
8. Cash in Lieu of Land Dedication for School Impact.
The Smiths have negotiated with the Roaring Fork School District
RE -1 and both parties have agreed that the Smiths will deposit
with the Garfield County Board of County Commissioners a total of
$1,139.05, to be paid to said school district in payments of
$103.55 as each of the eleven (11) new home lots are sold, to be
utilized for future school site acquisitions in lieu of land
dedication.
9. 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
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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 log- 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.
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 herein shall be
binding upon and inure to the benefit of Smiths, their heirs,
successors and assigns.
Done this day of , 1984.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
CHAIRMAN
CLERK AND RECORDER OF
GARFIELD COUNTY, COLORADO,
EX OFFICIO CLERK TO THE
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
GAILEN B. SMITH
PAMELA D. SMITH
7
ARTICLES OF INCORPORATION
OF
COTTONWOOD HOLLOW HOMEOWNERS' ASSOCIATION
In compliance with the requirements of the Colorado
Non -Profit Corporation Act, C.R.S. 1973, Article 7-20-101, et
seq., the undersigned, 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 COTTONWOOD HOLLOW HOMEOWNERS'
ASSOCIATION, hereinafter called the "Association".
ARTICLE II
REGISTERED OFFICE AND AGENT
The registered office of the Association shall be 5062 113
Road, Glenwood Springs, Colorado 81601, and the Registered Agent
of the Association, whose address is identical to that of the
Association, shall be Gallen B. Smith.
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 maintenance, preservation
and architectural control of the lots of the property known as
the Cottonwood Hollow Subdivision as set forth in the plat to be
recorded with the Clerk and Recorder of Garfield County, Colo-
rado, 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 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. Cottonwood Hollow 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
•
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•
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;
(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, 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 Cplorado 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
2
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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.
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:
GAILEN B. SMITH P.O. Box 116
Glenwood Springs, CO 81602
PAMELA D. SMITH P.O. Box 116
Glenwood Springs, CO 81602
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 Associa-
tion 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 accep-
tance, 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.
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.
3
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IN WITNESS WHEREOF, tor the purpose of forming this corpora-
tion 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 September,
1984.
GAILEN B. SMITH
STATE OF COLORADO
ss.
County of Garfield
Subscribed and sworn to before me this day of Septem-
ber, 1984 by GAILEN B. SMITH.
Witness my hand and official seal.
My commission expires:
4
Notary Public
•
•10 VALICY.1.0
IN TIT, DISTRICT GOUn IN AD
:AT;",,: DIVISION .1!). :;
nr COLORADO
AIT1
•'1' 11 APPLI
F011 ..•.:ATER RI
011.\ Th:Vin"
1 :: P.0,1 T1, 1.:(1 Fr11R P..' V1...1,1
TP.1 nl!'i7.,p
I :
11.)20,
RULING OF REIT.RL
The ahovc oi L i t 1 CL 1 i ct i oiiWas filed on :;eptember 29,
ant. La..; referred to tho underLited as Water Referee for
411 l:ater Division S, State of Colorado, by the :.•_tter JudL;(2 of.
:;l Li Court ky 1 day oI October, iu accordanec
uith Art.k-lLs or (.hap 37 Colora(lo :levisod Statutes 1.(.)73,
knw,'L 3S the :t LF letermination and Administration Act
or P.169.
AnJ, the un,.,erind LaVin,; made such invest.Lations
as are necessary to determine whether or not thc statelJent in
7
the application true and haviL: :co.le fully advised with
respect to C32 Mi'iL.Ct 'A'attCr OfdocsLhy
Llac. the followin:, deterir:Ition rvling as the Pseforyo in
this :iatter, to -wit:
1 statemnnts in the application arc truc.
ic 113M( 01 t;le sLI.cturs involved in the
Plan for .0 ion are ..;.ocat 11.:.t.:Itt.‘s Wells :01-;. 1
throuh
names of the claiLants and address: Ora
i.NeVey and ,1(.:Vey; 5I)C;2 County Road 113; Carboakc,
Colorado.
1. The source of the water is fro Li wells havinL;
depths of less Lhan 100 foot, and hcia8 tri0utary to Cattle
Creel:, tributary to tbo Roarini Foil nver.
5. ILL' appli.cants are tho owners oi approxHaLcly
72 Ncres of land located in Lots 7 and 8, Section 12, an.1
in the NE -1/401:-I/1 of Section 12, T. 7 S., R. 82 U. or the
6th P. :I.. The applicanl intend to uhdivide t L o larn' into
35 sin.;10-faililv lot, a..H one of th,. wells will he located
on cacti of tl,c 1ots.
•
•
• •
Lich well will have the capacity to pump 10
(. 033 cfs) with an nn,1 approp.rhition from each ;ei1 of
2 acre feet. Thy total annnal appropriation from the 35 wells
will Le 70 acre Ceot. The proposed wells will withdraw waters
tributary to Cattle Crce:. anj the lloarinl; ForL River.
7. 'H,o use [i'oi tho wells .H11 be for potable,
in-house dometic water suFply, vaterin,j; of one horse per
dwollin,g unit, and for irriL,atio:1 ori to 1,00n stluare Coot
of lawn and garden for eac In addition, the
water From sai,' wells would also 1 available For fire
protection within the iroposed subdivision.
:pplicant
0)5 filoj ,:cation for 0 Weil
i.cF:.]t H;'Lltk25 cii 1 Wit:, the St0te
flpHiC:ILIO is pendiH,. pormit oiications
for the other :;ubdivision will be filed
with tho :;tato h::jncor as :;oon as tho mbse,iuent purchasers
oC the sul;divi,b_sj lots Jesiro to Jo
Tho :Ypplicant own!; !:eservoir, a decreed
right in L o amot or acro Led; absolute and in the
iount or 110 r0 0 01 0 1 0ec100 was entered
:1101 ioO',61 Court (): 100 with the
;Ipp1ic:1Ho:; thor.:ror filed with the Court
Y.11( 011 by the _ater :ercree on :Ci,tWAIA:r
lor c n o uater Col- th:s t oi r i h 1 is
dattlo tri!utary o the lloarin Pivor. Any
out.-ef-yriority consulltivc w;0 or the waters froLi the proposed
7:5 well s :ill be offset 1:y roloas, Fror: A:Vey Reservoir to
the e:Aont or injury.
10. ater wiLdraun throug.:, said 30 wells and
utili:ed for jo pucposos will be rcturned to the hydraulic
Or CattL Yroul, 1 uso of ind*cidual septic systems
NW: return From 1:n,Li 0201 irri,ation within
t :,• suldivisioa will al:;o 0' to t'w hydraulic system of
Cattio 1.100 1..
11. The consunptive 0130 u 1::c proposed in-house
.domostic systeuis, the limited horseuatcrin.i, and the irrigation
lawns and pArdens within the subjivision will be approximately
iu acrc feet during the irrigation season. This consumptive
use total is based upon acceptable Lu iloOrillO standards Cur
1101•1.141 consumption of water for in-house use, the watcring
01 no more tl-0 hC2d of horses :111 tHi(.' irrigation or a
maxi;.!um of 3)00 soliarc foot C.0 acres or lawns ard '2,arde3s
12. he phv:;ieal water ,,upply for tho subdivLion
pcars to he uate ba!;ed upor a tL".;t hole drilled by the
:.pplicant which yioldod approxiLuitely 10 gpn. Tho drillin
of sail test. hole together with othe1 .'orl. onsite entitles the
Applicant to a conditional water right for each of the 53 pro-
posed wells. Additional'evidence supporting said conditional
water rights :lrc the retention of a professional engineer,
preparation of an ongineerincg analysis of the subdivision
water requircpunts, 3313 too Ellin:, or tLc application 11020111.
The date of appropriation for said conditional well rillts
is Narch 26, 1000. ThoHI,Aount ror ,ac:• yell is 10 gpm
(.035 cfs) with the uses to 1)0 done:;tic, stocl:watering and
1:1Wn and garden irrigation. It is alicipated that the pro-
posod uscs of the wells during the o:- season 1.H11
not cause any 03100101 injury to vost(d water rights based
upon the fact that thcro had heel) NO calls un Cattle Crooh
Ju ring said scason. 0u' natorial i0jury to VI 53,00 3.13 Id
•
IP
,Nesekaaseustato,....a* oassomommierommo••••••10.10,MINE,.... — •
SOCV:359
rights clurinL; times of call in the irriation season will be
offset by the pToper administration or the auL;mentation plan
approved herein.
13. CI'1.-;0:; IFOA Y(:Vcy Th:;ervoir for Cle operation
of this aumentaLon plan :,',a11 be al tho order of the
Commissioi-tor and the Hvisi .!Id the Applicant
shall talse whatevc:ItCP: 1 'C0:1r\' •:av of 1)roteetive
L,;it Y.e oF iter From said wells
ar,_• appropriatoly lLmited in accon'anc-t t:!e terms or Clis
Hah.
1 • 1.1 t k•-‘' 1
,loes tihyry co:1H hdo L. tthyvo t. 1 ed.
!.Hyr FL 1_.•;
!' 0 \ 1. 1)1'. CL: t
1
11.1 t ions `.orL11 nb()ve.
:Yr di.crt.,io ih the Cattle '2,roeh
eH and th,- 1.',HtO o OtilL00 will not ho Ltaterially
Lljurod by I.:I., 0,,yr;.!tion of t:le wells in aeeorjance with the
plan Cor :iugLentation.
ac!! o1 1:; entitled to a conditional water
ror root 01 v:ater sycond of time, 1::1011
:ij!As Ur H;IFC:! . , 'for domestic, livestocl.
,WI'dOSC!;. Thc' offiee of
the ;tat..' r 1 1 issue J r i 1 1 1., ermits for te
1..011s of a,Tropriato npplicn.tions.
An alieatiyi, For quadrennial finding or reasonable
dili.,.,eLco shall 1 • filed in :lare oC aud in :larch of
• r0H1-1.1: c;ilyhThr year thoreafler so lop, 115 clainaht
to thee cedition;!1 water riy,hts or uatil
a jetenlinatio., 1i0 (2011 ;,1a;le th:It these conditional water
riL;hts have beeolle absolute water rights by reason of the
eom-pletion of the ai,propYiatiou.
1110 later ri:,hts herein award,:d filed in the water
Court in the voar nn1 shall e ad;,:inistered as havin been
C ' 1
in that yyar; and sall be jnnior to all priorities Filed
previous years. between all ri,::ts Fild in the SNPY..!
0111(..•;:,!:1' yczlr, 1 • ,.' 1;•1 jiy,:d 'ilistoricni
111 :of 'I 1 (1) 1 0
1 ruling.
nut al:Cc:CA.1'd
th(2. Cate of Y11try
1
i
•
It is accordingly CRI)11',Li) that this ruling shall be
filed with t.11c Water Cler], and sa11 l,ecorle effective upon
such filil:i;, s;1Hcct to Judicial rcvie%.. pursuant to Section
. 11'73.
1
It is further 01:1)1:1:1:1) that a copy of this ruling shall
U
be filed 1.itll the appropriate Division l:nineer and the State
i:n'.'incer.
:)one at the (:ity of (;1,':l:ooi .`,11ri11:s, Colorado, this
(aY of - — - --.._ 9 e /
.;1'' r Division
;tate oF Colorado
..t) { l ti t :; i 1 11't' in t i.l;l t t(_'r , and accord i li" 1 y
Lrc iiil't` C' .. l i 1: o,. I !'I',Cl: a:l l 11?�rC1','t 1i , ;1r1 i s 1.1111':1 t1. C'
.1t:'„ `:.�:,t l; r ( 1 i . ;'nnrt ;i'1,\'i,'c 11 ;1w.c
vl:Y, tilclt ,;r,
0 1 t I i ;! i?'' { 1' 1' I a l s u1
. 1 l�c r
0011:. , do ra i 1 011 H { 10 1.;11 01' ,'in.1, O on fiurstion of injury tU
the vesto or 0ii',cr:; dnrin any ;IC:1rin: co1;11;1c';lcillt' 111 1::e
t 110 vo;l 1 1 !i \.' i 1 ell this llt`C15 1 011
1 - rendere,1
D .(1st
'r:';1 C 2 11(tt;C
DISTRICT COURT, COUNTY OF GARFIELD, STATE OF COLORADO
Civil Action No. 4582
ORDER FOR INCLUSION
IN RE THE ORGANIZATION OF
CARBONDALE & RURAL FIRE
PROTECTION DISTRICT, COUNTY
OF GARFIELD, STATE OF
COLORADO
This matter having come before the Court pursuant to the
provisions of Colorado Revised Statutes 32-1-402(1)(e), as
amended, and the Court having reviewed the Return of Election
Results presented by the Carbondale & Rural Fire Protection
District and the Court being fully advised of the premises
enters the following findings of fact:
1. The provisions of the Order entered by the Court on
the 4th day of May, 1984, have been complied with; and
2. An election was held on the 22nd day of May, 1984,
at which there was submitted the question of inclusion of the
hereinafter described area in Garfield County, Colorado, into
the Carbondale & Rural Fire Protection District in accordance
with the provisions of Part 8 of Title 32 of the Colorado
Revised Statutes, as amended; and
3. At the election, the following ballots were cast on
the question of inclusion into the Carbondale & Rural Fire
Protection District:
Votes Cast at the Polls
For inclusion:
Against inclusion:
17 votes
1 vote
4. All the provisions of the statutes of the State of
Colorado, more particularly the requirements of Article 1 of
Title 32 have been complied with.
NOW, THEREFORE, it is ordered by the Court that the
following described real property situate in the County of
Garfield, State of Colorado, to wit:
The SE 1/4 of Section 6 and Section 7, Township 7 South,
Range 87 West of the 6th P.M.; and Sections 11 and 12,
Township 7 South, Range 88 West, of the 6th P.M.
be hereby included in the Carbondale & Rural Fire Protection
District whose address is 300 Meadowood, Carbondale, Colo-
rado.
IT IS FURTHER ORDERED by the Court that after the date
of its inclusion in the Carbondale & Rural Fire Protection
District, the above-described real property shall be subject
to all the taxes and charges imposed by the Carbondale &
Rural Fire Protection District and shall be liable for its
proportionate share of existing bonded indebtedness of the
Carbondale & Rural Fire Protection District, but it shall not
be liable for any taxes or charges levied or assessed prior
to its inclusion in the Carbondale & Rural Fire Protection
District.
IT IS FURTHER ORDERED by the Court that the real prop-
erty described above shall be liable for its proportionate
share of annual operation and maintenance charges and the
cost of facilities of the Carbondale & Rural Fire Protection
District and taxes, rates, fees, tolls, or charges shall be
certified and levied or assessed therefor.
IT IS FURTHER ORDERED by the Court that the change of
boundaries of the Carbondale & Rural Fire Protection District
shall not impair nor affect its organization, nor shall it
affect, impair, or discharge any contract, obligation, lien,
or change of boundaries not having been made.
IT IS FURTHER ORDERED by the Court that this Order shall
be filed in accordance with the provisions of Colorado
Revised Statutes 32-1-105, as amended.
Done thiso74Q day of
C
SD/56
DISTRICT CCIU,iT OF GAhFlci.i.i LOUNTY
GLENWOOD S/SINGS, CC•La,ADO
Certified to be a fu I, t ue a d correct copy of the
original in my cust
Dated
By, �� �� -, J
. Leputy
_lerk
BY THE COURT,
Judge of the Distric Court
--Roaring F pick School District RE -1
Box 820
Glenwood Springs, Colorado 81602
Telephone (303) 945-6558
August 24, 1984
Mr. Paul Olson
Sundesigns Architects and Planners
901 Blake Avenue
Glenwood Springs, Colorado 81601
Dear Mr. Olson:
DWIGHT L. HELM, Superintendent
ROBERT D. LAFFOON, Assistant Superintendent
DR. JAMES L. BADER, Assistant Superintendent
Re: Cottonwood Subdivision
AUG 2 caL. 81984
GARFIELD CO. PLANNER
I have attached a copy of our Board Policy regarding sub-
division land dedications. Under that policy, it would
require some kind of appraisal of the property. Rather
than go that route, the School District would be willing
to settle for a fixed amount per unit.
Several years ago, we negotiated that type of agreement
with Canon Creek PUD, west of Glenwood Springs, for an
amount of $150.00 per unit. For Cottonwood, that would
figure out at 11 new dwellings at $150.00 each or $1,650.00.
Please advise whether or not this would be acceptable to
your clients.
Since y yours,
ight elm
/mlw
Enclosure
Vic: Mark Bean, Garfield County Planning & Development
•
3.
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File: FEE
SITE ACQUISITION PROCEDURE
The school district shall recommend to the board of county commissioners of
each county submitting to the school district a preliminary subdivision plan as
required by state statute that there be dedicated for school purposes one acre
of land for each 50 homesites platted, and that if less than 50 homesites are
platted, that the acreage be reduced on a prorata basis or that the subdivider,
in lieu of dedication of land, be required to deposit with the hoard of county
commissioners a sum of money equivalent to the then market value of the land
which would be otherwise dedicated for school purposes and that the money so
deposited be utilized for future site acquisitions..
Upon each preliminary subdivision plan submited, determination be made as near-
ly as may be possible as to the future plans of the person or persons submit-
ting such subdivision plans and that independent investigation be made as to
the lands surrounding the area and all other data be gathered to the end that
the school district be advised as to the future development of the adjacent
lands.
Recommendations may be made concerning each subdivision plan as the same may
pertain to busing from the area, provided, however, all comments shall be so
stated or phrased that there will be no possibility of construing such recom-
mendations as being a promise or statement of intent as to busing services or
practices.
The administration shall be authorized to carry out the Board policies upon ell
plans submitted to the school district having 50 lots or less, provided,
however, that should it appear to the administration that actual school sites
should be located within the area or near the area of the subdivision plan, or
if the plans contain more than 50 lots, then consideration of such subdivision
shall be made by the entire Board at a regular or special meeting called for
that purpose.
Appraisal
To determine the sum of money equivalent to the value of the land, the district
shall hire an appraiser. If the subdivider does not agree with the district's
appraised figure, he may hire his own appraiser. If there is still a disagree-
ment over the appraised figure, the two appraisers will aaree on a third apprai-
ser. The cost of the third appraiser will be shared by the district and the
subdivider. The school district shall retain the right to accept or reject the
appraised figure. The agreed upon figure will be submitted to the county com-
missioners. All appraisers are to he real estate brokers licensed by the state
of Colorado and actively engaged in the tri -county area in a brokerage busi-
ness.
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•
File: FEE
The appraisal would be made on the basis of the land value of the total develop-
ment, this would then be divided by the number of acres to determine the value
of the prorated share requested by the district. The appraised value would be
based on the value of the total acreage as it existed one day prior to subdiv-
ision approval. In appraising the development, consideration should be given
to the value as affected by surrounding land uses, utility systems, pattern of
land value and sales in the area.
Adopted November 1976
LEGAL REFS.: 1973 C.R.S. 30-28-133 (4)(a)(I-II)
1973 C.R.S. 30-28-136 (1)(a), (2)
CROSS REF.: KNAN, Relations With Planning Authorities
Roaring Fork School District Re -1, Glenwood Springs, Colorado
2 of 2