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HomeMy WebLinkAbout1.0 ApplicationRECF' JUN 1 1 1p15 GARFiELrDCt,�•r:.; APPLICATION FOR COMMON LOT LINE ADJUSTMENT jruNFJiY DEVE7:Lol! � i SUBMITTED TO GARFIELD COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT MONDAY JUNE 1, 2015 To: Garfield County Community Development Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Please see the attached Application to amend a common lot line. The Glendale Business Center is comprised of four (4) individual lots. This application is to amend the common lot line between lots #3 and #4. The goal is to make Lot 4 a larger lot in order to accommodate a commercial building for retail purposes. Thank you for your consideration of this application. Reception No. Recorder '75 P-75 04/04/55 04:11P PG 1 OF 3 HEC DOC NFET GARFIELD COUNTY CLERK AND RECORDER 15.00 150.00 476237 A-936 MILDRED ALSIX)HF WARRANTY DEED THIS DEED, Made this 31 at day of March , 1995 , between LLOYD N. COLTON AND ROSELEE R. COLTON, AS TRUSTEES OF THE LLOYD N. COLTON AND ROSELEE R. COLTON REVOCABLE TRUST DATED DECEMBER 28, 1978 of the said County of BERNALILLO and State of NEW MEXICO , grantor, and ASPEN SPORTS, INC., A COLORADO CORPORATION whose legaladdress is 408 E. COOPER AVE. ASPEN, CO 81611 of the saki County of PITKIN and State er COLORADO ,grantee: DOC FEE $150.00 WITNESSETH, That the grantor for and in consideration of the sum of good and valuable conoid rat -=en and tion DOLLARS. the receipt and sufficiency, of which is hereby acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell. convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, tying and being in the said County of GARFIELD and State of Colorado desctibed as follows: SEE EXHIBIT "A" maknewitbystreet and number at: 7052 HIGHWAY 82, GLENWOOD SPRINGS, CO 81601 TOGETHER with all sad singular the heredAamcnu and appurtenances thereto belonging, or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, tile, interest, claim and demand what 'Dever of the grantor. either in law or equity, of, in and to the above bargained premises. with the hereditaments and appurtenances. TO HAVE AND TO MOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever: And the -grantor, for himself, his heirs, and personal rcpresentativcs, does covenant, grant, bargain, and agree to and with the grantee, his dein and assign', that at the time of the enacaltng and delivery of these presents, he Is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance. in law, in fee simple, and has good right, full power and lawful authority to grant, bargain. sell and convey the same in rnanoer and form as aforesaid, and that the same are free and clear from all former and other grants, bargains. sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind of nature Wever, except real property taxes for the year 1995, not yet due or payable and those items set forth an Exhibit "A" attached hereto and made a part hereof. The grantor shall and win WARRANTY AND FOREVER DEFEND the above -bargained premiss in the quiet and peaceable possession of the grantee, his hairs and assigns, againtt all and every person or persona lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders IN WITNESS WHEREOF, the grantor has executed this decd on the date set forth above. LLOYD N. COLTON AND ROSELEE R. COLTON AS TRUSTEES OF THE LLOYD N. COLTON AND ROSELEE R. COLTON REVOCABLE TRUST DATED DECEMBER 28, 1978 LLOYD COLTON, TR TEE EY LAWRENCE COLTON AS ATTORNEY IN FACT k �sfll.�vi_.e R0 �COLTO`NEE BY LAWRENCE COLTON AS ATTORNEY IN FACT � State of COLORADO ) )55. County of GARFIELD ) The foregoing inurement was acknowtedged before me this 31st day of MARCH ,19 95 by Lawrence Colton as attorney in fact for Lloyd N. Colton and Roselee R. Colton as Trustees of the LLoyd N. Colton and Rooelee R. Colton Revocable Trust Dated December 28, 1978 inion expires 051795 . Witness my hand and official seal. &i) -t ry Pub *n.N.. ,amrac-r Return to: Peter T. Moore or Paatoaesphk]denten) Clanahan, Tanner, Downing and Knowlton, P.C. 1600 Broadway, Ste. 2400 Denver, CO 80202-4924 H -raft 1'-71; O4/O1/9; 04:ItP PG 2 OF :i SCHEDULE A PROPERTY DESCRIPTION ORDER NO: 95023722 C-4 A tract of land situated in Lot 20 of Section 1, Township 7 South, Range B9 Weat of the 6th Principal Meridian, Lot 1 in Section 6 and Lot 1 in Section 7, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying Southerly of State Highway No 82 and Northeasterly of the Denver & Rio Grande Western Railroad (Aspen Branch), described au follower Beginning at a point on said highway whence the bears N. 39 degrees 03 thence S. 01 degreee 51 thence N. 88 degrees 13 thence S. 02 degrees 02 thence Weat 463.67 feet the Southwesterly right of way of North Quarter Corner of said Section 7 ' E. 502.63 feet; '30" W. 199.92 feet; ' W. 89.64 feat; ' E. 58.52 feet; to a point on the Northeaeterly right of way line of said railroad; thence N. 19 degrees 45' W. 422.43 feet along the Northeasterly right of way line of said railroad; thence N. 17 degrees 52' W. 549.20 feet along the Northeasterly right of way line of said railroad; thence N. 61 degrees 50' E. 301.81 feet to a point on the Southwesterly right of way line of said highway; thence 5. 36 degrees 45'15" E. 1007.55 feet along the Southwesterly right of way line of said highway to the Point of Beginning. COUNTY OF GARFIELD STATE OF COLORADO 476237 U-936 P-77 04/04/95 04:11P FG 3 OF 3 EXHIBIT "B" Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 28, 1894 in Book 32 at Page 25 as Reception No. 17619. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 17, 1897 in Book 12 at Page 460 as Reception No. 20105. Right of way for ditches of the United States, as recorded August 28, 1894 17619. Right of way for ditches of the United States, as recorded May 17, 1897 in 20105. or canals constructed by the authority reserved in United States Patent in Book 32 at Page 25 as Reception No. or canals constructed by the authority reserved in United States Patent Book 12 at Page 460 as Reception No. Road Viewers Report recorded December 11, 1086 in Road Record Book 1 at Page 77 as Reception No. 3425. Easement and right of way for ditch being 25 feet in width as granted to the Glenwood Irrigation Company by Document recorded June 17, 1901 in Book 44 at Page 457 as Reception No. 23960. Undivided one-half interest of any and all oil, gas and other minerals on or under the subject property, together with the right to prospect for, mine and remove same as reserved by Josephine Coryell in the Deed to Lloyd N. Colton recorded December 28, 1965 in Book 372 at Page 175 as Reception No. 232928, any and all assignments thereof, or interests therein. Easement right of way for a twelve inch corrugated pipe line as set forth in Deed recorded July 18, 1940 in Book 199 at Page 255 as Reception No. 140454 and in Deed recorded January 13, 1960 in Book 322 at Page 533 as Reception No. 208067. Terms, conditions, restrictions, reservations. provisions and obligations of License Agreement by and between Rocky Mountain Natural Gas Company, Inc., and Mountain States Telephone and Telegraph Company, recorded July 5, 1972 in Book 432 at Page 536 as Reception No. 254394, as same may affect subject property. Encroachment of two (2) Steel Construction Buildings and Mobil Home onto Railroad Right of Way as shown on Survey prepared by High Country Engineering, Inc., as File No. 95619.01, dated March 6, 1995. Fence line does not coincide with property line along the Southerly portion of subject property as shown on survey prepared by High Country Engineering, Inc., as File No. 95610.01, dated March 6, 1995. Lease Agreement, Lease No. 17638, all easements, Right of Ways and Utility Easements included, but not limited to, as shown on Survey prepared by High Country Engineering, Inc., as File No. 95610.01, dated March 6, 1995. MUST BE TYPED FILING FEE: $25.00 MUST SUBMIT TWO COPIES Please include a typed self-addressed envelope Mall to: Secretary of State Corporations Section 1680 Broadway, Suite 200 Denver, CO 80202 (303) 894-2251 Fax (303) 894-2242 ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION only WIMPS Btalttrt COUIRAon SI:rvvTAxY (SWUM 9981121661 C 25.00 SECRETARY OF STATE 17-02-1998 10:18:24 Pursuant to the provisions of the Colorado Business Corporation Act. the undersigned corporation adopts the following Articles of Amendment to lis Articles of Incorporation: FIRST: The name of the corporation Is ASPEN SPORTS—INC. `7) z.% •- ` _S SECOND: The following amendment to the Asticlec of Incorporation was adopted on July 1. 1998 es prescribed by the Colorado Business Corporation Act. In the manner marked with an X below: The name of the corporation Is changed to a mett-FvnyaId Holdlnaa.,nc. a Cokarado corporation. No shares have been issued or Directors Elected - Action by Incorporators No shares have been issued but Directors Elected - Action by Directors X Such amendment was adopted by the board of directors where shares have been issued. Such amendment was adopted by a vote of the shareholders. Tile number of shares voted for the amendment was sufficient for approval. If these amendments are to have a delayed effective date, please list that date: N/A. (Not to exceed ninety (90) days from the date of filing) THIRD: The manner, if not set forth in such amendment. In which any exchange. reclassification, or cancellation of issued shares provided for In the amendment shalt be effected,is as follows: NIA FOURTH: The manner in which such amendment effects a change In the amount of staled capital. end the amount of stated capital as changed by such amendment, is as follows: NIA RellArrl GRIMSHAW & HARRING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUITE 9800 WELLS FARGO CENTER 1700 LINCOLN STREET DENVER. COLORADO 80203-4588 ASPEN SPORTS, INC. O Brett Barnett, Vice President arum uPpAiicef"` 9; J 111111111111111111111111111111110111111111111111111111 819988 12/04/2002 02t53P 81413 P932 11 ALSDORF 1 of 2 R 11.00 D 0.00 GRRFIELD COUNTY CO 0q ic1 11115V81111121/10M121111211111111114F311131111g111 STATE OF COLORADO DEPARTMENT OF STATE I hereby certify that this is a true and complete copy of the document Med In this office and admitted to record In File / 9 9yiz zl6,,9/ DATED /1- /y- c9 By 01144a: 4 4,,) Secretary of S to I COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1408032-1 1. Effective Date: June 24, 2015 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: Habitat for Humanity Roaring Fork Valley (b) ALTA LOAN POLICY (ALTA 6-17-06) N/A Proposed Insured 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Barnett-Fyrwald Holdings, Inc. 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" TITLE CHARGES Owner's Policy Standard Coverage N/A COUNTERSIGNED: _Pct -ricks P• 3u.rweLL__ Authorized Officer or Agent American Land Title Association Schedule A (Revd 6-06) Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1408032-1 EXHIBIT "A" A tract of land situated in Lot 20 of Section 1, Township 7 South, Range 89 West of the 6th Principal Meridian, Lot 1 in Section 6 and Lot 1 in Section 7, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying Southerly of State Highway No 82 and Northeasterly of the Denver & Rio Grande Western Railroad (Aspen Branch), described as follows: Beginning at a point on the southwesterly right of way of said highway whence the North Quarter Corner of said Section 7 bears North 39°0Y East 502.63 feet; thence South 01°51'30" West 199.92 feet; thence North 88°13' West 89.64 feet; thence South 02°02' East 58.52 feet; thence West 463.67 feet to a point on the Northeasterly right of way line of said railroad; thence North 19°45' West 422.43 feet along the Northeasterly right of way line of said railroad; thence North 17°5T West 549.20 feet along the Northeasterly right of way line of said railroad; thence North 61°50' East 301.81 feet to a point on the Southwesterly right of way line of said highway; thence South 36°45'15" East 1007.55 feet along the Southwesterly right of way line of said highway to the Point of Beginning. ALSO KNOWN AS Lots 1, 2, 3 and 4 Fyrwald Exemption Plat recorded March 21,1997, as Reception No. 506023 and Amended Fyrwald Exemption Plat recorded June 21, 1999, as Reception No. 547543. TOGETHER WITH that parcel conveyed to Barnett-Fyrwald Holdings, Inc. in Quit Claim Deed recorded May 2, 2002 in Book 1356 at Page 390. EXCEPTING those parcels conveyed to Kurt J. Wigger, Inc. in Quit Claim Deed recorded May 2, 2002 in Book 1356 at Page 384. ALSO EXCEPTING all access easements and utility easements shown on the Amended Fyrwald Exemption Plat recorded June 21, 1999 as Reception No. 547543 as conveyed to Glendale Business Center Property Owners Association and described in Quit Claim Deed recorded May 14, 2008 as Reception No. 748524. File No. 1408032-1 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. Release of record by the Public Trustee of the Deed of Trust from Barnett-Fyrwald Holdings, Inc. for the use of U.S. Bank, N.A. showing an original amount of $10,000,000.00, dated January 7, 2005 and recorded February 1, 2005 in Book 1659 at Page 645. (view) 2. Recordation of a Statement of Authority for Barnett-Fyrwald Holdings, Inc., evidencing the existence of the entity and authority of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity, and containing the other information required by CRS 38-30-172, evidencing the existence of said entity prior to its acquisition of title to the land herein. 3. Note: Per Statement of Authority recorded April 18, 2011 as Reception No. 801528 the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property are Eric Schmela, Director and Michael Keeling, Director on behalf of Habitat for Humanity Roaring Fork Valley. (view) NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 3-5-1, Article 7, Paragraph G requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. NOTE: Exception No. 4 of Schedule B - Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unified mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Pursuant to C.R.S. § 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. File No. 1408032-1 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded August 28, 1894 in Book 32 at Page 25. (view) 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded May 17, 1897 in Book 12 at Page 460. (view) 11. Easement and right of way for ditch being 25 feet in width as granted to the Glenwood Irrigation Company by document recorded June 17, 1901 in Book 44 at Page 457. (view) 12. Undivided one-half interest in any and all oil, gas and other minerals on or under the subject property, together with the right to prospect for, mine and remove the same as reserved by Josephine Coryell in the Deed to Lloyd N. Colton recorded December 28, 1965 in Book 372 at Page 175, and any and all interests therein or assignments thereof. (_view) (Continued) NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 File No. 1408032-1 SCHEDULE B - SECTION 2 (Continued) 13. Easement and right of way for a twelve inch corrugated pipe line as set forth in Deed recorded July 18, 1940 in Book 199 at Page 255. (view) 14. Easement and right of way for a twelve inch corrugated pipe line as set forth in Deed recorded January 13, 1960 in Book 322 at Page 533. (view) 15. Terms, conditions, restrictions, reservations, provisions and obligations of License Agreement by and between Rocky Mountain Natural Gas Company, Inc. and Mountain States Telephone and Telegraph company recorded July 5, 1972 in Book 432 at Page 536. (view) 16. Encroachment of buildings and mobile home onto railroad right of way, encroachment of fence and possessory rights outside of fence an all matters as shown on Survey prepared by High Country Engineering, Inc. as File No. 95619.01, dated March 6, 1995 as evidenced by Warranty Deed recorded April 4, 1995 in Book 936 at Page 75. (view) 17. Terms, conditions and all matters set forth in unrecorded Lease Agreement, Lease No. 17638 and all easements, rights of way as evidenced by Amended Fyrwald Exemption Plat recorded June 26, 1999 as Reception No. 547543. (view) 18. Encroachment of buildings and mobile home onto railroad right of way, apparent easement for utility lines, easements, possessory rights outside of fences, encroachment and all matters shown on the Amended Fyrwald Exemption Plat recorded June 26, 1999 as Reception No. 547543. (view) 19. Terms, conditions and all matters set forth in Trench, Condiut and Vault Agreement recorded May 19, 2000 in Book 1188 at Page 335. view 20. Terms, conditions, rights, obligations, restrictions and all matters set forth in Agreement recorded May 20, 2002 in Book 1356 at Page 375. (view) 21. Covenants. conditions, restrictions, obligations and all matters set forth in Amended Declaration recorded May 14, 2008 as Reception No. 748523. (view) 22. All water and water rights, ditch and ditch rights, well and well rights, reservoirs and reservoir rights, and non -tributary water rights, including all wells, pumps, casings, headgates, pipelines, facilities, easements and rights-of-way appurtenant thereto, and which are used upon, are benefitting or are appurtenant to the subject parcel conveyed to Glendale Business Center Property Owners Association in Quit Claim Deed recorded March 31, 2007 as Reception No. 718916. (view) 23. Each and every right of access to Highway 82, except as may be provided pursuant to a sufficient License or Agreement with Colorado Department of Transportation. COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Garfield C'o,,n,tii? Community Development Department 108 8`" Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 TYPE OF SUBDIVISION/EXEMPTION '0 Minor Subdivision Major Subdivision O Sketch 0 Preliminary 0 Fi,,a, Conservation Subdivision © yield 0 Sketch 0 Preliminary 0 Final O Time Extension RECEIVED JUN 1 1 1015 GARFIELD ��,1h LJN!iY' Ds DIVISIONS OF LAND APPLICATION FORM O Preliminary Plan Amendment Final Nat Amendment o Common Interest Community Subdivision ® Public/County Road Split Exemption El Rural Land Development Exemption COUNTY /CEMENT INVOLVED PARTIES Owner/Applicant Name: GARINIerr D —H -Di r -J GjN Phone: ( Mailing Address: _;",/. _Cvli0i^dflte_. tL Q _sj-4.---- City: l -i tUE'_ erik, State:Ak _ Zip Code: 742,20a, E-mail:_e n1eCy!('_ CtoLC.c [-1. Representative tAuthorization Required) t Phone: ( WS -8 2X* Name: � u�_C7, ��'r Mailing Address: 7C b , 141 C' LOAM _— b c City: f ISL k)) J ^GS State: CO Zip Code: _ Z /6,C) E-mail: 1111.+-t1 �.`�f��ITC� e '1.r',rniI , COM PROJECT NAME AND LOCATION ► Project Name: Assessor's Parcel Number: L:7R J._ q J._ - - ._v� - �----- ---- --- Physical/Street Address: HI(ttJlty C40Giriot)c'L Legal Description: _aEc1-T16IJ 1. tilsi♦tf ; 7 RANI eisgJ i i -c Y .1, (sgc 7-7.- C(.)!\./ r / / , 1 AC , Zone District:M 1J1 e-ke-i h� L _Cygl R.l� C__ Property Size (acres): 70Z<2 ' S 3 Project Description Existing Use: _ (,t,1D)cVf1[feD Proposed Use (From Use Table 3-403): i = Description of Project: .E' Co Proposed Deveior-lest Area Land Use Type o5' Lots n of Units Acreage Parking • Single Family Duplex Multi -Family S 70 Commercia Industrial Open Space Other Total ' 7 REQUEST FOR WAIVERS Submission Requirements The Applicant reauestin& a Waiver of Submission Requirements per Section 4-202. List: Section;. ju 15 ion/ 1kii'e4No64 S riGi �►J ' Section: Section: Waiver of Standards C1 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: have. read the statements above and have provided the required attached information which is correct and accurate to the bes'. of my knowledge. Signature of Property Owne• Data OFFICIAL USE ONLY File umber:fP Niklp3 .% VD ,itt 37A 1— Fee Paid:SIVO •' v \i\'I" i Garfield County PAYMENT AGREEMENT FORM c GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT")T"f-y1A-D No _bii GSA I NSC . agree as follows: 1. The Applicant has submitted to the County an application for the following Project: GtAMtli4Le PLLsNESS Celli &YT L►NE ADg1S fi 2 The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. the Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4 The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. if actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. i hereby agree to pay all fees related to this application: Billing Contact Person GAey &Err R► r Phone: (6:91 37‘o—oVo. Billing Contact Address: C'o4"Or Je &nQ_----- — City: L #ie.erk State: /4Q _- Zip Code: 7,90'4®1.. Billing Contact 8►o ;.1 bre±Eox 6_t_L _Wk /-a Ai 7'3 r,..4 ,r3 r x c. r7` .Printed Name of Person Authorized to Sign: y c /a -0/f 5(Signature) (Date) SNI IFJ CITAriff.WlF16E NPIPiiiiiildli i Ili 111 Reception#: 863565 06/03/2015 11:48:46 PM Jean Alberico 1 o1 1 Ree Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO Ga►f eld County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Barnett-Fyrwatd Holdwgs.Inc. a Suochapter'5-Corporatiion (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Barnett•Fpwald Holdings. Inc and is formed under the laws of coldraoo The mailing address for the Entity is 2222 Cottondate Lane Suite 200 Little Rock, Arkansas 72202 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is G Bran Barnett The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): NONE Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED t is 20th day of easy Signa re Name (printed): i^ 1 13G-s-ne- Titte (if any): r, 2D15 STATE OF )SS. COUNTY OF 1 1"--ava-'t The f rego) g instr met was acknowledged before me this v0 day of by (j't 1 t' �{" , on behalf of _ (A/►' Witness my hand and off4ial seal a rrnk expires: ion ex i� IS( . 1 (Date, p ) 74.11)T14 ; Mr comet. iR�pq JUNE 25, 2018 i i l/f 2.34 ver '''''rr run wsa1.N`'''',• 20151 l o \Vhom it Niav Concern. 1, G. Brett Barnett, authorise Scott Gilbert of 1 labitat for Humanity Roaring Fort: Valley to represent my interests in regard to the Lot Line Adjustment being submitted to Garfield County for the property located at 7025 11i.thway S2, Glenwood Springs, CO, also known as the Glendale Business (:enter. Specifically. Scott Gilbert is authorized to submit and administer the Lot Line .Adjustment Application between Lots 3 and 4 of said property. Thank you, w • § S S S S S S S S S0&■■ S■ U LITTLE ROCK PO BOX 17330 `6- 6 a ) 108 CROWN MOUNTAIN DRIVE GRAND JUNCTION PO BOX 2607 132 PARK AVE CARBONDALE 7094 HWY 82 GLENWOOD SPRINGS 2 0 0a. 132 PARK AVENUE GLENWOOD SPRINGS § 2 CARBONDALE 333 LIONS RIDGE ROAD GLENWOOD SPRINGS 594 COUNTY ROAD 110 O 0 0 0 z c - 2 cr E r a F. oz.s 333 LIONS RIDGE ROAD C/0 FITZGERALD, STEVE 2222 COTTONDALE LN STE 200 C/0 ROBIN FERGUSON PO 80X 17330 PO BOX 17330 530 E MAIN STREET L4 L, i § & 3 5 3 3 5 a c 239328300024 Mineral & Vesting Rights Mogli: Attached are the covenants (748523); Deed of "frust evidencing the lien holder (Book 1659 at Page 645); Vesting Deeds and Exceptions to Legal (l3ook 936 at Page 75, Book 1356 at Pages 384 and 390, and Reception No. 748524). The Estate of Josephine Coryell a/k/a Josephine Anne Coryell is still the record owner of the mineral interest she reserved in the Deed to Lloyd N. Colton recorded December 28, 1965 in Book 372 at Page 175. That should provide all the info you need but let me know if you need anything else. Thank you, Patrick P. Burwell Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, Colorado 81650 Phone: 970 625-3300 Facsimile: 970 625-3305 Email: patrick<«)cwtritle.com (aondl ,Atternoon r,ul into :i dead r_, d on his .,edrch. Thr, ruineiralti ,,vete reserved by Josepphine Coryell m Hof—) calci 1 iuunei conveyances out by her. Her Kstate therefore prt_Ik.r1 ly mens the ruibr_r.d Interest reserved (rib undivided one` -halt) -the !'('I i imier Iti o) viIrd by the rdturrent property owners. There vV 5 �r decree r,( hcii shilr rei.orded in ("7:; for Joseplhine and lam running the heirs names to sere it they eve! did anything with the mineral interest but so tar I have found nothing. I hope to wrap this up tomorrow. i'hartks, Patrick 1'. Burtwell (;or n onwealth Title: Compriny of (ii Miele Cow 127 List 5th Street Colorado 01650 Phone: 070 625-3300 E��resirt�ile. 070 625-3305 kind& Patrirk(uIcw.wtrillt:.eom 1 n..adadat 3139.._ 1er::ha1... P. 11. li8f`a.slt.r 'look 772 28 t..1fr65 lleegtba Na.-2.1•'Ly.2$ rani ctr Y.._-- l�:t•:'� :75 Tisa Dina made for 19 ear day of December hi the rear of ear Leri aa. tt.aeand vane hupdtad and s i xty-f lye between JOSEPHINE CORYELL etch. Ccontyof Garfield anderte 1J !blond.', eI th. fent pili/, and LLOYD N. COLTON of tb. 0 1 BBrnali110 and State of the on -.4 part: WITNEttliFITH.Tbet the said port y of the flirt Part. for en4 in a.nai,lerativ. of the emn of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION nete0H16, to the Mid part V of thea 1irot pan In hand p■Id by the maid pert et the a mond wbetrnf ie herebyenst.n.ed tad acknuwlyd ed, he S y part, the retrial, R Snnta'tL bargained, sold and nor e,.t, er,d b}' Wr,n PmNmla do e B grant, b.rgain, rNl, convey and eoaarm, onto tba said port y of the ',rend' part. h 1 s Wes end easiyne falcate. all the following described tet 9 or barrel 5 or hand, situate, lying and being In the County of Garfield and $tate of Colorado. Io•wit: A tract of land situated in Lot 20 of Scdetien i, Township 7 South, Range 89 West of the 6th Principal Meridian, Lot 1 in Section 6 and Let 3 in Sectio: 7, Township 7 South, Range 88 West of the 6th Prin- cipal Meridiar., Garfield County, Colorado, tying Southwesterly of State Highway No. 82 and Northeasterly of the Denver s Rio Grande Western Railroad Inspen Branch), described as follows: BEGINNING at a point on the Southwesterly right-of-w.ay line of said highway whonoe the North Quarter Corner of said Section 7 bears N. 39003' E. 502.6) feet; thence S. 01'51'30" W. 199.92 feet; thence N. 98°13, W..89.64 feet; thence S. 02°02' feeti thence West 463.67 feet to a point on the Northeasterly right -or -way line of snit* .railroad; thence N. 19"457-W. 4-14--41-feet along the Northeasterly-__ .__ rigtrCns-pay line or said railroad; thence 6f.-17"52' W. 549.20 feet along the Northeasterly right-of-way line of said railroad; thence t N. 61°50' 8: 101.$1 fent to a point on the Southwesterly right -of- way line of said highway; thence S. 36°45'15" E. 1007.55 feet along t:te.Sottthwcst.esly right^o€-weeir }{ne cf said highway 10 Thr point of -' I1 leeginninq, conL.rininq.31.64 ,kit's, more or less. i' EXCEPT an undivided one-half interest in and tea all _51, vas' and - -I other funeral, in ants ;elder the atovr Jescribe.t property. Ij •I1 Ttettl!TTIHR with All .nd .inRnInr the hetedifatrwnts ems epoerienanet. thereto tN.•natnir, or l0 anyerhe app,^tslrnnr. and foe revel -awn and rrvw,intn, remainder and trmunden, rents, n.ue, and rr°f,t., mutat; and aR Ifor .-etau, rubs, iia, .stere.}, claim and demand whaueerer ,.f the',ofd pen y v1 the fin. pert .liber In las - nr .ynnr, ,•L a, end ie the eh„ee LsrRar,..1 premier -a. with the hrredil entente and prurtrnanrct. Se. Or. .a0a,rt\ f'rtl. r•, rht..,wYr 4rnrt l.,.yr.,•, k4,.,0 3,1 . e..a n.sm. manna. all 111 1111 1 AND Tp 1WtAe ee.' sant sarin... .Lo . ba.p.Nri and tMK„l,td, .iib the appudaancd, ,math• .,a:d 14.r1 ; of the second res. h 1 y near. led *Wens frnarr. And the ail Put of llu flat Farb, f,et her 'cif hon hell., executors, and adminlatrater., deCe . envcnant, treat, ',attain ,sail roar, 1.1 and with the ;aid party of the wand pert, his 60111 and aufena, that at tb tiros at an rn..aHry and deti..,t of arse private she 16 " welt .elicd-of lei Drtmisel i roti rwi ied, u of goo&.nre, perf.rr, aLsolute and Indrtmalble estate et frAedlanee. la taw, in tee airnate. and ha e' rood right, fall power and !Natal authority to gnat, bargain, HA and marry the same In .canner and farm as aforeaald, and that t i same are trre and dear from all furcam end att.0 stance, bergelte, tette, late. tette, INN Meal aro etttumbtinttf et w halter Lind or nalmn .oenr. 41.1.1 1 hr Wm. bat silent petmitt, IA the qact and peaceable manatee e7 the saki part y of the errand part, I.. r. hrtrs and asatges ,punt all acid miry .coon or Femme lawfully MOW', or le .tale chi viola --- • ' ero rr.* •er•rraf; fhw said parr y of uu acral gain shin and win WARRANT AND *O}t}VER DEFb W. IN wiTSF S WHEREOF. the wild party at the that art ha a Ferrante art herb -end .s.d *nal the day and year first *be,' trims. +kilned, K.•awA and iMRmed if tae ItttgttttdM ' _ [DEAL) EPII NE COMM L • (DEAL) STATE OF COLORADO, ----Ceaay of tie rt Id ►k .O l'r.a.•,nt InetcvmwWere rat an aeknawtrdsed me ale der i day of A. O. 1015 . ey JOSEPHINE COIIIELL December w11n... .nye. rd and ..tn.1.1 are Matra. nen, nK a9 Reception No. 476237 13-936 P-75 04/0.1/35 04:11P PG 1 OF 3 MILDRED ALSDONF GARFIELD COUNTY CLERK AND RECORDER WARRANTY DEED Rc n,der REC DOC NFU 15.00 150.00 THIS REED, Mede thls 32at day of March , 19 95 bawa LLOYD N. COLTON AND ROSELEE R. COLTON, AS TRUSTEES OF THE LLOYD N. COLTON AND ROSELEE R. COLTON REVOCABLE TRUST DATED DECEMBER 28, 1978 of the said Coach or BERNALILLO sod Sure of NEW MEXICO . grantor. and ASPEN SPORTS, INC., A COLORADO CORPORATION whom legal address is 408 E. COOPER AVE. ASPEN, CO 81611 alba uW County of PITRIN and State of COLORADO , grantee: n DOC FEE $150.00 Wf1NESSE711, The the grantor for sad In consideration of the aur of good and valuable cana i dare i en and ten DOLLARS. the receipt and sufficiency of which is batty acknowledged. W gamed, bargained, sold and conveyed. and by these presents does grant, bargain, sell. convey and confirm, unto the grantee, his heirs and assigns termer. all the real property together with improvements, if any. situate. lying and being in the said County of GARFIELD and State of Colorsdo described as follows: S88 EXHI82T 'A" as known by arca and number as: 7052 HIGHWAY 82, GLENWOOD SPRINGS, CO 81601 TOGETHER with all mad singular the haedkamrnu and appurtenances therm belonging, or in anywise sppeneiniag, and the reversion and remakes, remainder and remainders. rents, issues and profit' thacol, and all the estate, right, title, interest, claim and demand what *Dever of the grantor. either In law or equity. of, in and to the above bargained premises. with the hereditaments sad appurtenances. TO HAVE AND TO MOLD the said maniacs above bargained and described. with the *ppurtenaneu, unto the grantee, his hers and 'nips former. And thc-grantor, for himself. Ms heirs. and personal representatives, does covenant. graft, bargain, and agree to and with the grantee, his heirs sad amigos, slut at the tete of the =sealing and delivery of these presents, he 4 weft mired of the premises above conveyed. has good, sura. perfect, absolute and indefeasible estate of inheritance, in law. in fee aimple, and has good right, full power end lawful authority to great, bargain, sell and convey the same In manes and form as aforesaid, and that the same are free and clear from d1 forma and ober grant'. bargains, sake, lieu, taxer. assessments, encumbrances and restrictions of whatever kind or nature socver, except real property taxers for the year 1995, not yet due or payable and those items set forth on Exhibit "A" attached hereto and made a part hereof. The gator scall and will WARRANTY AND FOREVER DEFEND the above -bargained premises la the quiet and peaceable possession orate grantee, his heirs and assign, against ell and every person or persons lawfully claiming the whole or any parr thereof. The singular number dal include the plural, ire plural the singular, mad the um army Bade shall be applicable to all genders IN WITNESS WHEREOF, the grantor has executed this decd on the due set forth above. LLOYD N. COLTON AND ROSELEE R. COLTON AS TRUSTEES OF THE LLOYD N. COLTON AND ROSELEE R. COLTON REVOCABLE TRUST DATED DECEMBER 28, 1978 LLOYD. COLTON, T TEE BY LAWRENCE COLTON AS ATTORNEY IN FACT • •X liiGfnitil ROSIL R. COLTON U BY LAWRENCE COLTON AS ATTORNEY IN FACT Sumo CO COLORADO ) )ss Country of GARFIELD ) The foregoing instrument was acknowledged before me this 31 et day of MARCH .19 95 . by Lawrence Colton as attorney in fact for Lloyd N. Colton and Roeelee R. Colton Le Trustees of the LLoyd N. Colton and Roeelee R. Colton Revocable Trust Dated December 28, 1978 wins 0S 1795 . Witness my hand and official sal. TA1E -int. Ks. ssarara o4 unras.ptr Learn i"011,LLt u f-te�7QA _ afaateg fialary Politic/ Return to: Peter T. Moore Clnnahan, Tanner, Downing and Knowlton, P.C. 1600 Broadway, Ste. 2400 9. Denver, CO 80202-4924 14 0.% ;"f.,;;? }3-93R P -Iii 04/01/35 04:11P `G 2 OF :i SCHEDULE A PROPERTY DESCRIPTION ORDER NO: 95023722 C-4 A tract of land situated in Lot 20 of Section 1, Township 7 South, Range 89 West of the 6th Principal Meridian, Lot 1 in Section 6 and Lot 1 in Section 7, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield county, Colorado, lying Southerly of State Highway No 82 and Northeasterly of the Denver 6 Rio Grande Western Railroad (Aspen Branch), described as follows: Beginning at said highway bears N. 39 thence S. 01 thence N. 88 thence S. 02 a point on the Southwesterly right of way of whence the North Quarter Corner of eeid Section 7 degrees 03' E. 502.63 feet; degrees 51'30" W. 199.92 feet; degrees 13' W. 89.64 feet; degrees 02' E. 58.52 feet; thence West 463.67 feet to a point on the Northeasterly right of way line of said railroad; thence N. 19 degrees 45' W. 422.43 feet along the Northeasterly right of way line of said railroad; thence N. 17 degrees 52' W. 549.20 feet along the Northeasterly right of way line of said railroad; thence N. 61 degrees SO' E. 301.81 feet to a point on the Southwesterly right of way line of said highway; thence S. 36 degrees 45'15" E. 1007.55 feet along the Southwesterly right of way line of said highway to the Point of Beginning. COUNTY OF GARFIELD STATS OF COLORADO 176237 L-936 P-77 0-1/04/95 04:i1P PG 3 OF 3 EXHIBIT "B" Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 28. 1894 in Book 32 at Page 25 as Reception No. 17619. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded Nay 17. 1897 in Book 12 at Page 460 as Reception No. 20105. Right of way for ditches of the United States, as recorded August 28, 1894 17619. Right of way for ditches of the United States, as recorded May 17, 1897 in 20105. or canals constructed by the authority reserved in United States Patent in Book 32 at Page 25 as Reception No. or canals constructed by the authority reserved in United States Patent Book 12 at Page 460 as Reception No. Road viewers Report recorded December 11, 1886 in Road Record Book 1 at Page 77 as Reception No. 3425. Easement and right of way for ditch being 25 feet in width as granted to the Glenwood Irrigation Company by Document recorded June 17, 1901 in Book 44 at Page 457 as Reception No. 23960. Undivided one-half interest of any and all oil, gas and other minerals on or under the subject property, together with the right to prospect for, mine and remove same as reserved by Josephine Coryell in the Deed to Lloyd N. Colton recorded December 28, 1965 in Book 372 at Page 175 as Reception No. 232928, any and all assignments thereof, or interests therein. Basement right of way for a twelve inch corrugated pipe line as set forth in Deed recorded July 16, 1940 in Book 199 at Page 255 as Reception No. 140454 and in Deed recorded January 13, 1960 in Book 322 at Page 533 as Reception No. 208067. Terms, conditions, restrictions, reservations, provisions and obligations of License Agreement by and between Rocky Mountain Natural Gan Company, Inc., and Mountain States Telephone and Telegraph Company, recorded July 5, 1972 in Book 432 at Page 536 as Reception No. 254394, as same may affect subject property. Encroachment of two (2) Steel Construction Buildings and Mobil Home onto Railroad Right of Way as shown on Survey prepared by High Country Engineering, Inc., as File No. 95619.01, dated March 6, 1995. Fence line does not coincide with property line along the Southerly portion of subject property as shown on survey prepared by High Country Engineering, Inc., as File No. 95610.01, dated March 6, 1995. Lease Agreement, Lease Ho. 17638, all easements, Right of Ways and Utility Easements included, but not limited to, as shown on survey prepared by High Country Engineering. Inc., as File No. 95610.01, dated March 6, 1995. MUST BE TYPED FILING FEE: $25.00 MUST SUBMIT TWO COMES e.r t 1 '10 ARTICLES OF AMENDMENT Please include a typed TO THE self-addressed envelope ARTICLES OF INCORPORATION Mall to: Secretary of State Corporations Section 1680 Broadway, Suite 200 Denver, CO 80202 (303) 894-2251 Fax (303) 894-2242 p..0.evisfidosilb only VICTORIA ee ntu!r Cat rRAo . ralTAntY comma/ 9981121681 C 25.00 SECRETARY OF STATE -02-1998 10:16:24 Pursuant to the provblans of the Colorado Business CorporstiOn Act, the undersigned corporation adopts the following Articles of Amendment to Its $Rides of incorporation: FIRST: The name of the corporation Is ASPEN SPORTS. INC. 7)::._ SECOND: The following amendment to the Articles of Incorporation was adopted on July 1.1998 ss prescribed by the Colorado Business Corporation Act. In the manner marked with an X below: The name of the corporation is changed to 9arrtatttYtW$d Heldlnos.Jfl a Colorado voreoradon. No shares have been issued or Directors dented - Action by incorporators No shares have been issued but Dkectore Elected - Aches by Directors Such amendment was adopted by the board or directors where shares have been Issued. Such amendment was adopted by a vote of the shareholders. The number of shares voted for the amendment was 'vacant for approval. W arose amendments ane to have a delayed affective date, please fist that date: N/A, (Not to exceed ninety (90) days from the date of filing) THIRD: The manner. it not set forth in such amendment, h which any exchange. redassifrcatlon, or cancellation of issued shares provided for in the amendment shall be effected. Is as folks/es: p1IA FOURTH: The manner In which such amendment effects a flange In the amount of staled capital, end the amount of stated capital as changed by such amendment, is as follows: NIA ASPEN SPORTS, INC. GI Brett Bamett, Vice President Garilisatorwaurfir GRrMSHAW & rEARRING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUITE 3800 WELLS FARGO CENTER 1700 LINCOLN STREET DENVER. COLORADO 80209-4598 1IIIINIIID11111111111111111111111lt1111111111111 $1098$ 12/04/2002 02:S3P 81413 P932 1 of 2 R 11.0@ D 0.90 GARF=ELD COUNTY CO 11111111111111111111111111M 1 1111E11111111 815988 12/04/2002 02:53P 11413 P933 11 RLSDORF 2 of 2 R 11.80 D 0.00 GARFIE D COUNTY CO STATE OF COLORADO DEPARTMENT OF STATE 1 hereby certify that this is a tats and complete copy of the document Bed in this office and admitted to record In Ftte / 9 97/ZZ/ 48/ DATED //- Aga: sc! Secretary of Sgite By t\SOSKPROJ\99\99014\DMG\fPLAT.01G Fri .Am 04 15:41:04 1939 Altki leda R395� YRoe6 eP R I I� Ion RI I EF,REEE1? ERE g'<7CRR E g w9 am 0 goV 8"j"^ €E `ST, a 00 z o I• ail NA. I:!'iEXS€ bgnE Com.:€8 ii;; y SA"" S=406 ,8m;`7ea D qpEE 7.7:8CiW UV! g:41i0 85)N n vE ROI T z A 31Y014I1tl10 S,310A3Atl0S ERNIE FYRWALD GARFIELD COUNTY, COLORADO aaa_o PLAT m 0 Z z Hal COWRY HiCKEHH31. NC. 829 (>30131 PANE Elia ) if l ro n= DES. DJW DR. DJW CK. FW/1 L9 70.00' S 19'38'27' E L10 80.00' N 70'23'33' E Illi MEI ill UNE TABLE UNE LENGTH BEARING Lt 11.33' £3715'31. E NO. DATE 8 • a 2 d 9. a A 8 88. 8 8 0 n A a 4 8 cs F A n 1-11 L40 iLDVQT V ar 0 �d Locorl co d O tI1 a o z u) ao px ox o Cs) o M1-3 o o�0 d 1-3 tmlzx Z 1-3 t'h tx7tt1 t:,z5 r`t 0th r not tzJ co I-3 tmi Cn zt� to z a n �Ci) 0. d (-) c) CD d o O tj CD CO CD z O a co z cn 1-0 REVISION DATE 4/21/99 Garfield County Community Development Department 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 ii'6iF:.w..tt i! ti ecst,.EilYii TAX PARCEL NUMBER: 2395-014-00-029 DATE: UPDATE May 14, 2015 Original: 7/16/14 PROJECT: Barnett-Fyrwald Exemption Amendment OWNER: Barnet Fyrwald Holdings, LLC REPRESENTATIVE: Chris Dolan — Habitat for Humanity PRACTICAL LOCATION: West site of SH 82 south of CR 114 TYPE OF APPLICATION: Amended plat to amend common lot line between Lots 3 and 4 I. GENERAL PROJECT DESCRIPTION Applicant seeks to amend the common lot line of record on the final plat and first amended plat for the exemption. One parcel number is applied to the exemption area even thought the plat created 4 separate parcels. Applicant should investigate whether there are any drainage or utility easements that need to be vacated or relocated in response to the request to amend the lot line. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: • Garfield County Land Use and Development Code of 2013, as amended • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements III. REVIEW PROCESS The process to accommodate this request shall require submittal of an amended final plat processed by Administrative Review pursuant to the LUDC. A. Pre -application Conference. B. Application Submittal. (3 paper copies and 1 CD) C. Determination of Completeness. D. Schedule Decision Date, provide documentation regarding notice requirements. E. Additional Copies requested and sent to referral agencies (if needed). F. Evaluation by Director/Staff resulting in a Staff Report to the Director of Community Development. G. Director decision issued and forwarded to Board of County Commissioners for call-up review (10 days). H. If no call-up is requested the decision is final. Mylar of plat may be submitted for Board signature. I. Recording. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. No public hearing required, unless call-up is requested, notice is required to be mailed to adjacent owners within 200' for the subject property Referral will be sent to the following agencies: County Surveyor V. SUBMITTAL REQUIREMENTS A. General Application Materials a. Cover letter explaining the request b. Deed to demonstrate ownership c. Title Commitment d. Application form and fee e. Agreement to Pay Form f. Recorded Statement of Authority for Barnett-Fyrwald Holdings, Inc. g. Letter of authorization, if owner will be represented h. Names and mailing addresses of properties within 200' (Assessor's Office) i. Assessor map indicating properties within 200' B. Mineral Ownership -- Names and mailing address of any severed mineral rights owner (Clerk's Office) — Applicant is required to do research to determine if there are severed mineral owners. C. Vicinity Map — typically on the plat. D. Copy of existing plat (11" x 17" size) E. Draft Amended Final Plat — see description in 5-402 F. 24" x 36" size F. Copy of pre -application conference form G. Subdivision Improvements Agreement — Request Waiver (page 2 of the application form) — no Agreement exists and improvements are complete H. CCR's 1. Copy of well permit VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 100.00 Plus additional Staff time charged at $40.50 County Surveyor: $ Typically around $100 Recordation: $ Total Deposit: $ 100.00 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: "j May 14, 2015 Kathy Eastley, AICP Date 1111 hip',.1411r11011Ifit LI 1011111 ®1111 Reception#: 748523 05/14/2008 01:09:01 P11 Jean f1lberi:oe 1 of 16 Rec Fee :$91.00 Doo Fee.0.00 GORFIELD COUNTY CO AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR GLENDALE BUSINESS CENTER PROPERTY OWNERS ASSOCIATION This Amended and Restated Declaration of Protective Covenants, Conditions and Restrictions for the Glendale Business Center ("Restated Covenants") made this 4' "day of rL , 2008, by Barnett-Fyrwald Holdings, Inc., formerly known as The Aspen Sports, Inc. ereinafter the "Declarant"), as owners in fee of certain real property situated within Garfield County, Colorado, known as Lots 1 through 4 of the Amended Barnett-Fyrwald Exemption Plat (hereinafter "Subdivision" or the "Property"), revokes and supercedes in its entirety the Declaration of Covenants for The Aspen Sports, Inc. Exemption recorded April 1, 1997, in Book 1014 at Page 43 (hereinafter referred to as the "Revoked Covenants") in the Office of the Clerk and Recorder of Garfield County, Colorado. The Revoked Covenants shall be replaced by these Restated Covenants. ARTICLE I GENERAL PURPOSE OF COVENANTS, DEFINED TERMS. DESCRIPTION 1. Purpose. These Covenants shall govern and be applicable to that certain real property situated within Garfield County, Colorado, known as Lots 1 through 4 of the Amended Fyrwald Exemption Plat, recorded as Reception No. 506023 in the office of the Clerk and Recorder of Garfield County, Colorado, which Plat is incorporated herein by reference. It is the intention of Declarant, expressed by the execution of this instrument, that the lands within the Property be developed and maintained as an attractive commercial area. It is the purpose of these Covenants to preserve the present nature of the Property to the greatest extent reasonably possible, and the lots therein shall always be protected as much as possible with respect to uses, structures, landscaping, and general development as permitted by this instrument. 2. Property Limitation. Declarant declares that the Property shall be held, leased, mortgaged, sold, and conveyed subject to the following terms, easements, reservations, restrictions, covenants, and conditions. Declarant further declares that this Declaration shall run with the land and shall be binding upon all parties having any right, title, or interest in the Property or any part thereof, their heirs, devisees, legal representatives, successors, and assigns and shall inure to the benefit of each and every Owner. 3. Name of Common Interest Community. The name of the common interest community is "Glendale Business Center? 4. Type of Common Interest Community. The type of common interest community is a planned community. 1A20081Ckitsasnett-Fyrwakl•32581Docon nls!Coveaeota-6.wpd1 Apn113.2008 Leavenworth & Karp, P.C. 201 14th Street, Suite 200 P.O. Drawer 2030 Glenwood Springs, CO 81602 111111k FilliVANIMAT,Iii,VOLIMP.1I LIN 11111 Reception#: 748523 05119J2006 01:09:01 PN Jean A1ber:co 2 or 16 Rao Fee:$81.00 Doc Fes:0.00 GARFIELD COUNTY CO 5. Association Name. The name of the association is the "Glendale Business Center Property Owners Association," a Colorado nonprofit corporation (hereinafter "Association"). 6. Property Location. The property constituting the common interest community is located within the County of Garfield, State of Colorado. 7. Property Description. The Property shall consist of four (4) lots (hereinafter "Lot" or "Lots") which are more particularly described on the Amended Fyrwald Exemption Plat as Lots 1-4. 8. "Unit' shall mean a physical portion of the Property which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from this Declaration. ARTICLE II OWNERS/ PROPERTY OWNERS ASSOCIATION 1. Membership. All persons or other entities, including Declarant (hereinafter referred to as "Owners"), who own or acquire the title in fee to any of the Lots in the Amended Fyrwald Exemption Plat by whatever means acquired shall automatically become members of the Association in accordance with the Articles of Incorporation of the Association, as may be duly amended from time to time and which Articles and any amendments thereto shall be filed with the Colorado Secretary of State and recorded in the real estate records of the Garfield County, Colorado, Clerk and Recorder. The Articles of Incorporation shall be filed no later than the date of conveyance of the first lot in the Property. 2. Purpose. The Association, through its Executive Board, shall be authorized and empowered to take each and every step necessary or convenient for the implementation and enforcement of the Covenants contained in this Declaration. The Association shall have the right and responsibility to maintain, preserve, repair, insure, and otherwise protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall be governed by its Articles of Incorporation and Bylaws as may be amended from time to time.. 3. Executive Board. The affairs of the Association shall be governed by an Executive Board consisting of one (1) members elected by the Owners. 4. Declarant Control. The Declarant shall have the reserved power, pursuant to the Act, to appoint and remove officers and members of the Executive Board. This period of Declarant control ("period of Declarant Control") terminates no later than the earlier of (a) sixty (60) days after conveyance of seventy-five percent (75%) of the Lots to Owners other than the Declarant or (b) two (2) years after the last conveyance of a Lot by the Declarant in the ordinary course of business to an Owner other than Declarant. During the period of Declarant Control, the Declarants Control shall be subject to the following limitations: L120081QimtslBanar-Frwa1d 325EADoeuments1Coyeaaatsfi.wpd2 Apr815.2008 -2- 1111 F311i'i.114II,141,1044f ! J W 111011.11111 11111 Reception4: 748523 06/1412008 01:09.01 PM Jean Rlbertco 3 of 16 Rep Fee:$81.00 Doc Fee:0.00 GARFIELD COUNTY CO The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board lbefore termination of the period of Declarant Control, but in the event the Declarant may require, for the duration of the period of Declarant Control, that specified actions of the Association or Executive Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. 5. Indemnification. To the full extent permitted by law, each officer and director of the Association shall be and is hereby indemnified by the Owners and the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon them in any proceeding to which they may be a party, or in which they may become involved by reason of being or having been an officer or director of the Association, or any settlements thereof, whether or not they are an officer or director of the Association at the time such expenses are incurred; except in such cases wherein such officer or director is adjorlicated guilty of wilful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement the indemnification shall apply only when the Executive Board approves such settlement and reimbursement as being in the best interests of the Association. 6 Notice to Owners. Notice to an Owner of matters affecting the Property by the Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier, or private service delivery or on the third business day after deposit in the mails for registered or certified mail, return receipt requested, at the address of record for real property tax assessment notices with respect to that Owner's Lot. ARTICLE III EASEMENTS AND LICENSES 1. Owners' Easements. Every Owner, their agents, employees, customers and invitees shall have a right of enjoyment and easement for access to their Lot through or over the Road Easement as set forth below, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: A. The right of the Association to promulgate and publish rules and regulations with which each Owner and their guests shall strictly comply. B. The right of the Association to close or limit the use of the Road Easement while maintaining, repairing, or replacing such easement. 2. Road Maintenance. The cul-de-sac within the subdivision exemption is owned, operated and maintained by the property owners association for the benefit ofthe lot owners. The cost of road maintenance and repairs shall be shared equally by the lot owners. The annual assessment shall include a budgetary item for this purpose. The use of the roads is available to lot owners, their employees, agents, invitees and guests. 3. Easements for Access and Rem. The Association shall be entitled to an easement across any ofthe Lots within the Subdivision for the purposes of accessing any ofthe Association's \19081CiirnPslBsmett-FyrcraJ&3258\Documents\Covenacts-6.wpd3 ApnlIS, 2008 -3- NIKON BM Receptionii. 748523 05!1412008 01:09:01 PM Jean Alberico 4 of 16 Rec Fee:S81.0C Doc Fee:0.00 GARFIELD COUNTY CO property, protecting any Association property, or for necessary repairs or emergency circumstances. The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of these Covenants. ARTICLE IV ARCRITECTURAL COMMITTEE 1. Air hitect ral om_ itteg. The Architectural Committee shall be composed of one (1) representative of the Owner of each Lot; providers however, that for a period of five (5) years from the date of this Declaration, Declarant may appoint the members of the Architectural Committee which may include officers, directors, or shareholders of Declarant, in Declarants sole discretion, and the Executive Board of the Homeowners Association shall have no authority to remove any member so appointed. Upon the sale of the last Lot in the Subdivision, or at an earlier time as determined by Declarant, the members of the Architectural Committee shall be appointed by the Executive Board of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Executive Board who may remove a member of the Architectural Committee, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all times be at least three (3) persons serving on the Architectural Committee. The members ofthe Architectural Committee may also be directors ofthe Association and need not be Owners. The Architectural Committee shall have and exercise all the powers, duties, and responsibilities set out in this instrument. 2. Approval by Architectural Committee No improvements ofany kind, including but not limited to commercial structures, garages, accessory buildings, parking areas, fences, walls, driveways, landscaping, antennae, satellite dishes, and walks shall be constructed, erected, altered, or permitted to remain within the Property, nor shall any excavating, tree cutting, and clearing or landscaping be done within the Property unless the complete architectural plans and specifications, and a site plan showing the location and orientation thereof, for such erection or alteration and landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by these Covenants or required to do by any subdivision improvements agreement between the Declarant and Garfield County_ Revegetation of all infills and cuts will be required. Plans addressing the revegetation of infill' and cuts will be submitted to the Architectural Committee prior to any excavation. All landscaping on Lot 4, fronting on Colorado Highway 82, shall be similar to that already existing on Lot 1. No weeds of any kind shall be permitted on any Lot within the Property. At least three (3) complete sets ofthe architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a complete list of all exterior materials and colors to be used. All copies of the complete plans and specifications shall be signed and dated for identification by the Owner or the Owner's architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, 171 CtiarxnBanctl•Fyrwald-3258Dowmeras\ ovrnants-b.wp14 Apr! 15, 2008 -4- 1111 V+'l.NS!11ri),0111I1N 1,t71111 kid qi 11111 Reception#: 748523 05/1412006 01:09:01 PM Jean A1ber:co 5 of 16 Rec Fee:$81.00 Doc Fee.0. 00 GARFIELO COUNTY CO reports, and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify the information, reports, plans, specifications, and the like required to be submitted to the Architectural Committee. In the event the Architectural Committee fails to take any action within forty-five (45) days after three (3) copies of the complete architectural and site development plans, specifications, materials, and colors have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove the architectural plans. The majority vote of the members of the Architectural Committee shall be required for approval of plans. In the event the Architectural Committee shall disapprove any architectural plans. Any dispute arising out of the approval process outlined in this paragraph shall be submitted to a registered architect to be chosen by the Lot owners; if the Lot owners cannot agree upon an architect, the Executive Board shall apply to the District Court of Garfield County to appoint such architect. The decision of such Argument shall be final and binding upon the Lot Owners. 2. Improvements - Site Location. Site review by the Architectural Committee for the any primary structure is required. 3. Building Permits. An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, the plans submitted to the Building Department shall not differ in any substantial way from, or be less restrictive than, the plans approved by the Architectural Committee. Ifthe plans approved by the Building Department differ in any substantial way, or are less restrictive, as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. Owners must comply with all Garfield County zoning and subdivision regulations relating to off-streetparking. 4. Variances. The Architectural Committee may, by an affirmative vote of a majority of the members of the Architectural Committee, allow reasonable variances as to any of the Covenants and restrictions governing architectural control contained in this instrument and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provisions of these Covenants required by an approval obtained by Declarant from Garfield County for the Property or which violates the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Lot Owners within the Subdivision. Notice to such Lot Owners shall be deemed complete when placed in the United States Mail, first-class postage prepaid, to the last known address for each Lot Owner as provided to the Association. 5. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping, and alterations within the Property harmonize to the greatest extent possible with the surroundings and with other structures as to design, materials, color, height, grade, finished ground elevation of neighboring lots, and other design features. 1A20081clices'aHsncn-FYnweld-3258lDoc lCOrmauu-b.wsds Arai] 13, 2008 -5- 1111 RA F'StiTHI N ,N1,141 194 fil,INA ,10A Pi 11111 Reception#: 748523 05/14/2009 01.09:01 PM Joan Rlberico 6 of 16 Ren Fee:S61.00 Doc Fee.0.00 GARFIELD COUNTY CO A. Soils and Foundation Report, and Grading and Drainage Platt Prior to the issuance of a building permit by Garfield County, a Lot Owner shall cause to be prepared and submitted to Garfield County and the Architectural Committee a soils and foundation report and a grading and drainage plan prepared by a professional engineer. All improvements and structures shall be constructed in accordance with the recommendations and conditions of such report and plan which are included by Garfield County as conditions of the building permit or are made requirements or conditions of the approval of the Architectural Committee. B. Materials and Landscaping. In its review of any proposed development activity, the Architectural Committee shall evaluate, among other things, the materials to be used on the outside of buildings or structures, including exterior colors, location with respect to topography and finished grade elevations, and harmony of landscaping with the natural setting and native trees and other vegetation within the Property. C. Site Location. Except as set forth in Paragraph 3, above, the Architectural Committee must approve the location of all structures and improvements to be located on each Lot. D. Fencing. The Architectural Committee must approve all fencing prior to installation. The type and location of all fencing must be approved by the Architectural Committee. E. Roofing. Metal roofs or other fire resistant roofs are required. E. Lighting. Except as provided in Paragraph V(13), the Architectural Committee shall consider exterior lighting plans and will require that all exterior lighting (with possible exceptions for lighting necessary for safety) be directed towards each applicant's Lot and consist solely of down lighting. 6. ,Architectural and Site Development Plans. The Architectural Committee shall disapprove any architectural and site development plans submitted to it which do not contain sufficient information for it to exercisethe judgment required of it by these Covenants. 7. Architectural Committee Not Liable. The Architectural Committee shall not be liable for damages to any person or entity submitting any plans for approval, or to any Owner or Owners of land within the Subdivision by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such plans. The Architectural Committee shall have no liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by these Covenants and any rules or regulations duly adopted by the Architectural Committee pursuant to these Covenants. 8. 'Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) I:1200Wientsalraell-Fyrwaid-3258\DocwncrtslCavenards-6 wp3S April 15,2008 -6- 1111lnrarri I isimiII ■1I liatMI WO, 8111 Reception#: 748523 05/1412008 01:09:01 PM Jean Alberico 7 or 16 Reo Fee:S81.00 Doc Fee:0,00 GARFIELD COUNTY CO set of the final approved architectural and site development plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this instrument 9. Authori to Promulgate Design Guidelinej, Rules and Regulations. The Architectural Committee may promulgate and adopt design guidelines and rules and regulations necessary to implement these Covenants. The design guidelines may include requirements relating to acceptable building materials, architectural styles, allowable colors for exteriors, and the like. The rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, modifications to buildings, and the like. ARTICLE V PROPERTY USE RESTRICTIONS AND PROTECTIVE COVENANTS 1. No Further Subdivision. No Lot described on the recorded Plat of the Subdivision shall ever be further subdivided into smaller Lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Plat of the Subdivision; provided, however, conveyances or dedications of easements for utilities if approved by the Architectural Committee may be made for less than all of one (1) Lot. Notwithstanding the foregoing, a Lot line adjustment between two (2) Lots in the Subdivision shall be deemed a permitted subdivision, subject, however, to any reviews or approvals that may be required by the Garfield County Land Use Code and to the prior approval of the Architectural Committee. 2. Domestic Animals and Livestock. Except as expressly limited herein, domestic animals shall be permitted within the Subdivision and shall be subject to any rules and regulations which may be promulgated by the Executive Board or Garfield County. No livestock, including horses, shall be permitted within the Subdivision. A Lot Owner shall be entitled to keep a maximum of one (1) dog on his Lot. No other domestic animals shall be allowed. For the purposes of this Article, the definition of "Dog" or "Dog(s)" shall not include dogs under the age of six (6) months. Dogs shall be kept under the control of the owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dog shall be allowed beyond the boundaries of the Lot owned by the person where the dog is housed unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, "electric fenced," kenneled, or housed at all times. No kennel shall be constructed in the Subdivision. the property Owner from continuing to maintain the offending animal on the Owner's property_ Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects, and waste at all time. Notwithstanding the foregoing, no animal(s) may be kept within a Lot which, in the good -faith judgment of the Executive Board, result(s) in any annoyance to residents in the vicinity or to Lot Owners within the Subdivision. Except as expressly limited herein, domestic animals L12003Kaicntsl9amets•Fyrwald32581Documeets\Coveasat3-6.wpi7 Apn7 15, 2003 -7- i 1111 ! IFLIPli VAIN 1111 Reception8: 745523 05114/2008 01:09:01 PM Jean Rlberlco 8 of 16 Rec Fee:581.00 Doc Fee:0.00 GARFIELD COUNTY CO shall be permitted subject to any Hiles and regulations which may be promulgated by the Executive Board. 3. Underground Utility Lines. With respect to the new construction or extension of any utilities, all water, gas, electrical, telephone, cable television, and other utility pipes or lines within the limits of the Subdivision shall be buried underground and riot be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner or Owners causing the installation of the utilities no later than the next growing season following installation. This provision does not apply to existing above -ground utility lines. 4. Mining, Drilling, or Quarrying. Mining, quarrying, tunneling, excavating, or drilling for any substance within the earth, including oil, gas, minerals, gravel, sand, rock, and earth, shall not be permitted within the limits of the Subdivision. 5, Shiny Materials. No building or improvements shall contain exterior roofs or siding materials which are reflective or shiny. 6. Addresses, Number, and Location of Buildings. No buildings shall be placed, erected, altered, or permitted to remain on any Lot except as approved by the Architectural Committee. All addresses shall be posted in conspicuous locations for ease of identification. 7. Completion of Construction. Any construction activity on any Lot in the Subdivision shall be completed, fully cleaned up, and landscaped within eighteen (18) months from the issuance of a building permit, unless the Lot Owner shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Association may assess penalties in any amount it deems appropriate. Upon commencement of any construction on any Lot in the Subdivision, the Lot Owner shall complete said construction with reasonable diligence. 8. Enclosure ofUnsightly:Facilities and Equipment. All unsightly structures, facilities, equipment, and other items, including but not limited to those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads to the greatest extent possible. Any refuse or trash containers, utility meters, propane tanks, fuel storage tanks, or other facilities, service area, or storage pile shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the Architectural Committee and adequate to conceal the same from streets and private roads. No lumber, metals, bulk materials, scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any Lot except building materials during the course of construction and only for such reasonable periods of time as are necessary prior to the collection of or disposal thereof. All such building materials shall be kept in a screened area as much as reasonably possible. 9. Sanitary Waste Disposal. Each Lot within the Subdivision shall provide for the disposal of sanitary waste by an individual sanitary disposal system (an "1SDS"), which shall be subject to the following requirements: I,\20081ClicoisTernctt-Fynvaki-3258Voa ecntaNCwwmt5-6.wpde Apra 15, 2008 -8- 1111ISLEi11iriN1CIVPIt,l iirKNMI liti.4ii1,lliii 11 III Reception$*: 748523 05/14/2008 04:09:01 PM Joan Alberico 9 of 16 Ree Fee:$01.00 Doc Fee:0.00 GARFIELD COUNTY CO A.. Each system shall be designed by a professional engineer registered in the State of Colorado pursuant to C.R.S. § 12-25-111 in accordance with the specifications set forth in Exhibit A to the Permit; B. Each system design shall adequately address the soil percolation conditions present at the Lot site, which percolation rates shall be verified through appropriate on-site testing; C. Each system shall be designed to adequately service at least the total square footage of any structure or structures constructed on each Lot. D. Each system design, through the incorporation of recirculating trickling filter, sequencing batch reactors and/or other accepted on-site wastewater treatment system technologies, shall be capable of producing effluent quality which meets or exceeds the requirements set forth in the Garfield County Code; and E. The tops of all tanks or risers extending therefrom shall be surface accessible to facilitate system testing and maintenance. For the purposes set forth in this Article and for the purposes of testing and maintenance of the 1SDS system throughout the Subdivision, and upon reasonable notice to such Owner, the Owners of all Lots in the Subdivision hereby grant an easement through and across their respective Lots to the County of Garfield, Colorado. In the event that the Roaring Fork Water and Sanitary District makes sewage disposal available to any or all Lot Owners within four hundred (400) feet of the Lot line of any Lot, then any Owner may elect to connect to such sewer line, whether collectively or acting alone. If less than all of the Lot Owners elect to connect to such sewer line, then the connecting Owners shall be entitled to cost recovery from the non -connecting Owners at such time as they connect and use the lines installed by the connection Owner in the amount oftwenty-five percent (25%) of the total cost to the connecting for connecting to such sewer. 10. Access to Property. Access to the Subdivision from Colorado Highway 82 shall be in accordance with Colorado Department of Transportation Permit No. 399060 issued to Declarant on June 23, 1999. In the event that during the construction of any structure on the Lots 3 and/or 4 it becomes apparent that additional access for Lots 3 and/or 4, the Owners of Lots 3 and/or 4 Lot or Lots, it shall be their responsibility to apply to the Colorado Department of Transportation for an amendment to such Permit, at such Owner's cost and expense. 11. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be conducted or transmitted upon any portion of the Subdivision at any time nor shall anything be done or permitted to be done which may be or become a nuisance to other property or to the Owners thereof by sight or sound. 1:12008CliertslBmodt-Fyruald-12561Dactuaente,Coatrants-6-wpc19 Agri 15,2068 -9- 1111iI'iFt7,111/ :114I',11111%1.1 WANIN 1I III Receptlon8: 748523 05/14/2009 01:00:01 PM Joan filborico 10 of 16 Roc =00:691.00 Doc Fee 0.00 GARFIELD COUNTY CO 12. Satellite Dishes. Satellite dishes shall be allowed within the Subdivision. Location and size of all satellite dishes shall be subject to Association approval, but in no event shall any satellite dish exceed three (3) feet in diameter. 13 Signs. Any sign which shall be erected on Lots 3 andlor 4 shall meet all requirements of the Garfield County Code. Lots 3 and 4 shall be entitled to one (1) monument sign for each lot, similar to that already existing on the Property. 14. Non -Compete. The Owners of Lots 3 and/or 4 shall not own, operate or allow to be operated on their respective Lots any furniture store or any retail store selling audio-visual equipment and related accessories.. For the purpose of this Declaration, any store which sells fitmiture or home accessories or audio-visual equipment and related accessories shall be considered a furniture store or audio-visual store if it devotes more than twenty percent (20%) of the total square footage of any building to that purpose. In the event that the primary use of the retail businesses currently existing on. Lots 1 and 2 changes, then this non -compete clause shall apply to Lots 1 and 2 as to any new use as such relates to any use then existing on Lots 3 and 4. 15. Fire Protection. To the best of Declarant's knowledge, the water flow from the two (2) existing wells in the Subdivision is inadequate to provide fire protection to the Lots. The Owner of each Lot in the Subdivision shall be responsible for providing water protection to any structure on that Owner's Lot, including but not limited to interior sprinkler systems. The fire protection must be sufficient to meet the requirements of the Garfield County Code and is subject to the approval of the Architectural Committee. 16. General Restriction. All Lots in the Subdivision shall comply with restrictions contained in any other section of these Protective Covenants. ARTICLE VI WATER SUPPLY AND WATER RESTRICTIONS 1. Water Supply. The primary commercial in -building and land and open space irrigation water supply for Lots 1 and 2 within the Subdivision is the Glendale Well No. 1, located on Lot 1, operated pursuant to Well Permit No. 66826-F, issued by the State Engineer, and pursuant to a contract (Contract No. 265) with the Basalt Water Conservancy District. The Glendale Well No. 1 diversions may not exceed 25 gallons per minute and may be used only for domestic, commercial and irrigation purposes. The primary commercial in -building and land and open space irrigation water supply for Lots 3 and 4 within the Subdivision is the Glendale Well No. 2, located on Lot 4, operated pursuant to Well Permit No. 66827-F, issued by the State Engineer, and pursuant to a contract (Contract No. 265) with the Basalt Water Conservancy District. Glendale Well No. 2 diversions may not exceed 20 gallons per minute and may be used only for domestic, commercial and irrigation purposes. 2. Ownership of Well Permits. Well Permit No. 66826-F (Glendale Well No. 1) and Well Permit No. 66827-F (Glendale Well No. 2) are currently owned by the Association and the 1:12006 llents\Bernen-fr walo-32581DorammtslCo+eaants-6.wpd1 O April 15.2008 -10- 1111 FL ,lerfell :4 gki 11 11 1 Reception#: 748523 05/11/200e 01:09:01 PM Jean Rlberico 11 of 16 Rec Fee:$81.03 Doc Fea,0.00 GARFtELD COUNTY CO Association shall provide copies of all mail and documentation concerning the well permits to the Lot Owners. 3. Ownership and Maintenance of Well and Water Facilities. Each Lot Owner shall be the sole owner of the water conveyance :facilities which are used solely by that lot. The Lot Owners shall be the joint owners, each owning an undivided one-half interest, in the wells, pumps, and any appurtenant facilities which are used or capable of use in common by Lots 1 and 2 and Lots 3 and 4, respectively, proportionate with development approved or existing on their lot. The interest of Lots 1 and 2 and Lots 3 and 4, respectively, shall be appurtenant to such lot, and may not be transferred apart from the lot. The owners shall be solely responsible for the wells used by them, and to operate, maintain, repair, replace and improve the wells, pumps, and any other appurtenant facilities. 4. Cost of Water Facilities. Each Lot Owner using the Glendale Well No. 1 and the Glendale Well No. 2 must share one half of the costs of maintenance, operation, repair and replacement of the wells, pumps and appurtenant facilities of the well serving their lot consistent with County approval. The Lot Owners of Lots 1 and 2 and Lots 3 and 4, respectively, shall cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operating, repair, replacement or improvement of common facilities. Any Lot Owner who installs or improves a well, pump or pipeline shall be entitled to reimbursement of a proportionate share of said expenses in the event that another Lot Owner later hooks on to the well and benefits from said improvements. In the event the Lot Owners are unable to agree upon any required maintenance, repair, replacement or improvement, any Lot Owner shall be entitled to undertake the minimal work necessary and essential for proper functioning of the common facilities. In the event a Lot Owner determines to undertake such work, he shall first notify the other Lot Owners using that well in writing. The Lot Owner undertaking the work shall upon completion provide the other Lot Owner with a 'written statement of the work performed and the other Lot Owners' proportionate shares of the costs. The other Lot Owners shall make payment as set forth in Paragraph 7, below. 5. Flow Meters. Flow meters shall be installed and maintained on the Glendale Well No. 1 and the Glendale Well No. 2 to provide for the accounting necessary to enforce the provisions of Well Permit Nos. 66826-F and 66827-F. The costs for the initial installation of the flow meters shall be divided equally between Lots 1 and 2 and Lots 3 and 4, respectively. 6. Basalt Water Conservancy District. The Association has entered into a Water Allotment Contract with the Basalt Water Conservancy District (hereinafter "the Contract") for water to augment depletions from the Glendale Well No. 1 and the Glendale Well No. 2. The Contract is for the benefit of Lots 1, 2, 3 and 4 and all Lot Owners shall be equally responsible for all obligations under the Contract. Payments due under the Contract shall be made as set forth in Paragraph 7, below. 7. Payment of Common Expense. Each Lot Owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event a Lot Owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a Lot Owner fails to pay any amounts due with interest thereon, within six months from the date of I:1208Klic ts\8. antt-FyrwalG32581DonffimutCavcnm:s-6.wp311 Apel 15, 2008 -11- 11111/1.114114M1 11 11111 Receptlon4: 748523 05/14/2006 01:09:01 PM Jean Rlberico 12 of 16 Roc Fee:$61 00 Doc Fee:0.00 GRRFIELD COUNTY CO presentment for payment, water service to the delinquent lot shall be discontinued. Further, the Lot Owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Paragraph, and shall be entitled to reasonable attorneys' fees incurred to obtain and execute upon a judgment for collection. 8. F,asements. Lot 1 of the Subdivision is and shall be subject to perpetual and nonexclusive easement for the benefit of Lot 2, sufficient to give force to the provisions of this Declaration, including easements for the maintenance, operation, repair, replacement and improvement of the Glendale Well No. 1, pump, appurtenant facilities and water lines, as shown of the final plat andlor for facilities as located and are in place. Lot 4 is and shall be subject to perpetual and nonexclusive easement for the benefit of Lot 3, sufficient to give force to the provisions of this Declaration, including easements for the maintenance, operation, repair, replacement and improvement of the Glendale Well No. 2, pump, appurtenant facilities and water lines, as shown of the final plat and/or for facilities as located and are in place. 9. 600 -foot Spacing. All Lot Owners herein waive their right to oppose the drilling or use of a new or existing well by any other Lot Owner on the basis that such well is within 600 feet of the well. 10. Use of Water. No Waste. Depending on the available supply of water, each lot within the Subdivision is entitled to irrigate up to and no more than 6,445 square feet (0.15 acre-feet) of lawns and open space irrigation per lot and each lot within the Subdivision is entitled to diversions for commercial in -building use and irrigation of up to 2.36 acre-feet per year. Commercial in - building uses shall take precedence over irrigation use, and no outside use shall be allowed if any in -building needs are not met. The Lot Owners of Lots 1 and 2 and Lots 3 and 4, respectively, may in writing agree to restrictions on and schedules for lawn and open space irrigation. The wells shall be used in accordance with the well permits and any lawful orders of the Water Commissioner, Division Engineer or State Engineer. No Lot Owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the well. No Lot Owner shall use more than an equal proportionate share of water physically available from each well. ARTICLE VII COLLECTION OF ASSESSMENTS - ENFORCEMENT 11. Assessments. All Lot Owners shall be obligated to pay any assessments lawfully imposed by the Executive Board of the Association. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses and oosts of maintaining, repairing, and plowing of roads within and accessing the Subdivision; expenses for maintaining, improving, and preserving the Association's common property; expenses of the Architectural Committee; and insurance, accounting, and legal functions of the Association. Such assessments shall be deemed general assessments and shall be borne equally by all Owners. The Executive Board may establish 1:12008laiwa eracn-rymala-a2selDocumwtsToveaa u-6.wpd12 April 15, 20Dll -12- i Reception4: 748523 05/14/2008 01:09:01 PM Jean Rtberico 13 of 16 Rec Fee:$81.O0 Doc Fee.O.OD GARFIELD COUNTY CO contingency and reserve funds for the rna.intenance and improvement of the Association's common property and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purpose. Contingency and reservefunds shall be in such an amount as the Executive Board may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his portion of these funds. The Executive Board shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the Owners obligated to pay such assessment and shall be due and payable as determined by the Executive Board. 12. Lien for Non-Pavment of Assessments. All sums assessed by the Executive Board, including without limitation the share of common expense assessments chargeable to any Lot Owner, any fines which may be levied on a Lot Owner, and unpaid utility fees and assessments charged to a Lot Owner shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: A. Tax and special assessment liens on the Lots in favor of any governmental assessing unit. B. All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. C. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Executive Board. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Executive Board, and the Executive Board may impose a late charge on such defaulting Owner as may be established by the Board. In addition, the Executive Board shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Executive Board shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Lot, and its legal description. Such a notice shall be signed by one (1) member of the Executive Board and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Executive Board, for the Association, shall have the power to bid on the Lot at foreclosure sale and acquire and hold, lease, mortgage, and convey same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. L12008'C1inits \Harnett-Fyrwald•32581I ents1Covesar&.s-6.w1K113 Aa 15, 2003 -13- I811Fi0WICIPiCf;WWWW114001411111 Reception4: 748523 05/14/2008 01:09:01 PM Jean Albertoo 14 of 16 Roc Fee:$81.00 Doo Fee:0,00 GRRFIELD COUNTY CO 13. Enforcement Actions. The Association, acting by and through its Executive Board, shall have the right to prosecute any action to enforce the provisions of all of these Covenants by injunctive relief, on behalf of itself and all or part of the Owners of the lands within The Subdivision. In addition, each Owner of land within the Subdivision, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Executive Board shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Executive Board but not to exceed 1.5 percent (1.5%) per month. After thirty (30) days, upon written notice to any Owner of a violation of these Covenants, and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of $25.00 per day for every day the violation occurs or continues after the expiration of said 30 -day period. 14. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in the Subdivision in violation of these Covenants and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved_ This one-year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. ARTICLE VIII INSURANCE 1. Types of Insurance. The Association shall obtain and keep in full force and effect the following insurance coverage: A. The Executive Board, at its discretion, may elect to secure fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall alsocover persons who serve the Association without compensation. B. Coverage for members of the Board and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. C. Coverage against such other risks of a similar or dissimilar nature as the Board deems appropriate. B2001uiimtata n-Fyrwala-325soocumaislCavmmts-6.wpa14 Apra 15,200E -14- ■111 t�'�i Ft�I�Vht� �1P�il� tt�+1 �1��,1 'G+VIf ' NCH 11111 Receptiontt: 748523 05/14/2008 01:09:01 Piz Jean Rlberico 15 of 16 Rec Fee:$81.00 000 Fee:0.00 GRRFIELD COUNTY CO ARTICLE E IX GENERAL PROVISIONS 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the lands in the Subdivision and the benefits thereof shall inure to the Owners of the lands in the Subdivision and the benefits, and burdens of all said covenants shall run with the title to all of the lands the Subdivision. 2. Termination of Covenants. In the event these Covenants have not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, these Covenants may be terminated on January 1 of the year 2036 by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association. If these Covenants are not so terminated, then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a 25 -year period, the Covenants are terminated by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association at a meeting of the members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. 3. Amendment of Covenants. These Covenants may be amended by a vote of seventy- five percent (75%) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. In addition, the prior written consent of Garfield County shall be required prior to amending these Covenants, which consent shall not be unreasonably withheld or delayed. 4. Severability. Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 5. Paragraph Headings and Underlining. The paragraph headings and underlining within this instrument are for convenience only and shall not be construed to be a specific part of the covenants contained herein. 6. Limited Liability. The Association and the Board shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. The Owners jointly and severally agree to indemnify the Association and the Board against toss resulting from such action or failure to act if the Association and the Board acted or failed to act in good faith and without malice. 1:120081Cientsamett-Fycv+afd-32581Dos Co b.7.pdI5 Apra 15, 200s -15- 1111 I 'intilia III.i 11111 Reception*: 748523 05/14/2008 01:09:01 PM Jean Rlberico 16 of ,6 Reo Fee:S0l.00 Doc Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, this Declaration of Protective Covenants for the Amended Fyrwald Exemption Plat has been executed as of the day and year first written above. PATRICIA D. HUNTER Notary Public State of Colorado DECLARANT: BARNETT-FYRWALD HOLDINGS, INC. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowled ed, subscribed, and sworn to before me this 1 S day of , 2008, by E�A./ST W.HlALD as 004102- of Barnett-Fyrwald Holdings, Inc., a Colorado Limited Liability Company. WITNESS my hand and official seal. My Commission expires: ! tin/ / IA2001110imCsUlameo-Fymald-32581Doctmmonte Covmmatrb.wyd l6 Apd 15,2001 -16- 7444A-6Pr Notary Public Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 634 WELL PERMIT NUMBER 66827 -F DIV. 5 WD 38 DES. BASIN MD GLENDALE BUSINESS CENTER PROP OWNERS ASS C/O LEAVENWORTH & KARP PC PO DRAWER 2030 GLENWOOD SPRINGS, CO 81602- (970) 945-2261 CHANGE/EXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NW 1/4 Section 7 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 207 Ft. from North 345 Ft from West Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the use of an existing well constructed under permit no. 57910-F (expired), appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #265. 4) The use of ground water from this well is limited to commercial in -buildings (diversions up to 2.36 acre-feet per year per lot) and the irrigation of not more than 6,445 square feet per lot (0.15 of an acre) of lawns and open space. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Glendale Well No. 2 (formerly Fyrwald Well No. 2). The well is located on lot #4 which consist of 3.634 acres. This well will also serve lot #3. 5) The maximum pumping rate of this well shall not exceed 25 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed six and a quarter acre-feet (2,036,562 gallons). 7) The owner shall mark the welt in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings_ 8)A totalizing flow meter must be installed on this well and maintained In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) This well shall be constructed not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. NOTE: Expired permit no. 57910-F was previously issued for this well. NOTE: Unless a completed Well Completion Report (GWS -31) and Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional information or refer to the extension request form (GWS -64) available at: http://www.water.state.co.us/pubstforrns/gws-64.pdf. Permit Expiration Date Extended to February 12, 2010 - AOT 2-13-09 APPROVED MJV State E Receipt No. 3609538B DATE ISSUED 02-12-2008 By EXPIRATION •'TE 02-12-2009