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HomeMy WebLinkAbout2.0 CorrespondenceNote to File (Marquis Exemption and Cozen Exemption): 1. Marquis received Exemption approval pursuant to Resolution No. 80-316 which created two parcels. 2. Cozen received Exemption approval pursuant to Resolution No. 78-76 which created three parcels. 3. A boundary line adjustment was done in 1987 between the two parcels (Cozen and Marquis) which created a total of six lots. 4. There are no further Exemptions allowed on either parcels. 5. The 50 acre parcel, Lot 1, owned by Marquis requires full subdivision. The Marquis's have been notified of this on September 25, 2003. All applicable Subdivision information was sent to them. .. BEFORE fE BOARD OF COUNTY COMMISISONL, ,: OF GARFIELD COUNTY,•COLORADO RESOLUTION NOgiameimme,ink WHEREAS, James W. Cozens has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30 -28 -101(10)(a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17(d) and 3.02.01, for the division of a 35.976 acre tract into three (3) tracts of approximately s4G6, acres hereinafter tract "A", sixteen (16) acres hereinafter tract nBlI and 3.45 acres hereinafter tract "C", more or less, and said 35.976 acre tract is more particularly described as follows: SE1/4NE4j Section 23, Township 7 South, Range 88 West of the 6th Principal Meridian. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that he desires said exemption for the purpose of re -sale of tracts "A", "B", and "C" into single- family residential acreages; and WHEREAS, the Petitioner leas demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is in accordance with the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30 -28 -101(10)(a) -(d) as amended; NOW, THEREFORE, upon the motion of Flaven J. Cerise, seconded by Richard C. Jolley, and carried, said 35.976 acre tract of land is hereby exempted from such definitions and said tract may be divided into three (3) tracts of 16, 16; -and 3.45 acres, more or less, all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided however, that said exemption is conditioned upon the Petitioner obtaining a proper legal descriptic of said tracts prior to any conveyance thereof. Further this exemption is granted on the express condition that, no further exemptions be allowed on said tracts "A" "B.',, ,,,..A—"C61:A copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 24th day of July, A.D. 1978. Attest: J bin /) (- `t G De uty CI rk of the BoATid of Count Commissioners Garfield County, Colorado 2 THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Larry Vela-sq'ez.,_Chairman • • - 17o- • DECLARATION Or PROTECTIVE 03VEKKWI'S ANB ftSTRICTIONS N51571112 MAROUIS/WALLBANK BOUNDARY ADJUSTMENT PLAT THIS DECLARATION is made on the date hereinafter set toeth by Austin Marquis (hereinafter referred to as the "Declarant"); WITMESSET Ht 22 rIgEM WHEREAS, the Declarant is the owner of all real property situate in the County of Garfield and State of Colorado described as • the Marquis/Wallbank Boundary Adjustment Plat (hereinafter referred to as the 'Development") as the same appears upon the Plat thereof recorded for record cn June 29, 1967, as Reception No. 3E3220 in the Office of the Clerk and Recorder of Garfield County, Colorado; and WHEREAS, the Declarant, being desirous of protecting pro— perty and protecting the health, convenience, and welfare of the owners of the lots in the Development, does hereby publish and declare that the following terms, covenants, uses, conditions, restrictions, limitations, and obligations shall be deemed to run with the land located within the Development and shall be a burden upon.and • benefit to any person or persons acquiring nr owning any interest in the Development and the real property owned by such persons, their grantees, successors, heirs, deviseee, personal representativae, and assigns. 1.0 DEFINITIONS. As used in these Protective Covenant*, the following word* and terms shall have the following meaningat 1.1 'ACC" ahall mean the Architectural Control Committee for the Development. 1.2 'Lot' shall mean any lot, tract, or parcel of land in the Development. 1.3 "Owner" shall mean the owner of a lot. created within the Development and shall also mean the owner of water rights designated for use within the Development. 1.4 'Developmentshall mean the Marquia/Wallbank Boundary Adjustment Plat, as described above. 1.5 "Unit" shall mean a residential dwelling unit. 2.0 PLAN FOR AUGMENTATION. The use of water on each lot shall comply with and he subject to the terms and conditions of the Plan for Augmentation decreed in Case No. 67CW100 in the Water Court in and for Water Division No. 5, as the same may be amended and as recorded in the Office of the Clark and Recorder of Garfield County in Book at Page , Reception No. • • The Decree entered in said case La incorporated herein by Terence and shall be binding upon the owners. All owners shall be individually responsible to maintain contracts with the Basalt Water Conservancy District in full force and effect) to drill wells and complete well drilling reports, pump reports. statements of beneficial use, and other matters necessary to maintain well permits in good standing) and to apply to make absolute or to maintain reasonable diligence on the water rights owned by them. All sewage systema shall be of non -evaporative type approved by all appropriate health officials. 3.0 ENFORCEMENT OF PROTECTIVE COVENANTS. Any owner shall have the fight to enforce all covenants herein imposed by a pro- ceeding at law or in equity. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to enforce those covenants or restrictions thereafter. 4.0 RESIDENTIAL PURPOSE. All lots shall be used only for residential purposes, provided that one barn, garage, or other outbuilding may be constructed in addition to a residence on any lot, and provided further that no land within the Development shall be occupied or used for any commercial or business pur- pose. No barn or accessory structure may exceed fifteen percent (151) of the total square footage of. the principal structure, as measured from the outside of foundation walla, unless approved by the ACC. The barns and accessory otructuroa shall be so designed as to blend with and complement the general architec- tural scheme of the principal structure. All barna and accessory structures shall be located entirely within the building envelope for the particular lot, i applicable. No display, stock in trade, or outside storage equipment, signs, or other external advertising shall be permitted. 5.0 STRUCTURES AND LANDSCAPING IN THE DEVELOPMENT. Building Envelope. All structures in the Development shall be designed to blond into and complement the natural surroundings. All structures shall be sited on each lot by the owner and approved by the ACC. Unless varied by the provisions of Paragraph 13.7, infra, no structure on Lots 2, 5, or 6 shall be conatrua-ia-out- side the building envelopes for such lots as shown on Exhibit 'A' attached hereto and incorporated heroin by this reference. In siting a structure, the ACC shall approve its location as near to the spot selected by the owner as shall not impede or restrict the view plane of other owners and otherwise meet the criteria set forth in Paragraph 13.4, infra. Minimum Size) Height. The minimum size of each single- Tcmily structure shall be not less than 1000 square feet of habital floor area, exclusive of open porches, garages, or carports, as measured frau the external A, 4i: ,4104,1 :yl yl C4; • foundation wane. No structure shall bo permitted on any lot or tract which exceeds twenty-four (24) feel in height measured from the average natural finished grade line immediately adjoining the foundation to the average roof height, unless exempted by the ACC upon review of plane baoed on the criteria net forth in Paragraph 13.4, infra. 5.3 Restrictions on Antennae. No electronic antennae or a rce of any type, other than an antennae for receiving normal television signals, shall be erected, constructed, or placed or permitted to remain on any lot. A television antenna may be attached to a struc- ture; provided, however, the antenna's location shall be restricted to the roar of the etructure or to the rear of the ridgelino, gable, or centerline of the principal dwelling .o as to be hidden from eight. No television or short-wave disc shall be pernitt..d unless approved by the ACC, which may condition any approval upon appropriate screening. 5.4 New Construction. No structure shall be erected by means of other than new construction, it beint the pur- pose of this covenant to insure that old builtings will not be moved from previoue locations and plac.d upon a lot. Exteriors of all structures shall he constructed of either stone or lumber, or a combination thereof. The ueo of cinderblock shall not bn allowed unless it is faced with another material heroin approved. Landscaping shall blond with natural vegetation. No tree shall be removed or cut down without approval of the ACC, unless the tree or trees are dead, dying, or diseased. All areas cut, filled, or disturbed by any construction or other activity shall be fully restored and resegetated. 6.0 UTILITY LINES AND EASEMENTS. No new gas lines, power lines, telephone linea, or television cables shall be pe.-mitted on Lots 2, 5, or 6 unless said lines ars buried underground or overhead and out of sight of other lot owners' building site views from their primary source to the structure and at the owner's expense. Easements for installation and maintenance of utilities are reserved as shown on the Plat and no permanent structure shall be erected on any of said easements and no aerial encroachments may take place over such easements. Neither the Declarant nor any utility ccmpany or governmental entity tieing the easements shall be liable for any damages done by any of them or their assigns, agents, or employeea to the shrubbery, trees, flowers, or improvements of the owner located on the land covered by Bald easements. 7.) LIMITATION ON CERTAIN STRUCTURES. No structure shall be placed on any lot which is or ever has been or could be made the subject of a specific ownership tax as now defined in Title • • Hy Cowan ia.ion Lxpirap 'i:i+� itlfyv - )Pr -4):( it . yl1 Ali 4-_ Notary Notary Public '<siding at: /7;#,..a" -'`•^"'•j '�� L-64 32 K-25 rittZii 42 of the Colorado Revised Statutes, nor shall structures constructed in the manner or fashion of mobile houses be allowed. It is the intent of these covenants to prohibit the use of mobile houses as residences within the Development. No structure of a temporary character, trailer, basement, tont, or shack of any description shall be used on any lot except on a temporary baste, nut exceeding six months, by the construction company constructing a structure on a lot or tract. 6.0 FENCES. Architectural screen fences, limited to six (6) feet ave ground level and constructed of natural wood, are allowed provided they aro attached to the primary building. Open post and rail fences, limited to four (4) fent above ground level and constructed of unfinished natural wood poles, are allowed provided they are located so as to not unduly disrupt natural brush and tree vegetation nor cause soil erosion anti aro approved by the ACC. 9.0 LIVESTOCK. No horses, cowc, pigs, chickens, poultry, rabbits, or other livestock shall be raised, grown, bred, main- tained, or cared for upon any lot other than as hereinafter pro- videdr provided, however, that nothing herein contained shall prevent any owner of any lot from maintaining, keeping, and caring for domestic, household pets not for commercial purposes. Said lots must be maintained in a clean and odor -free condition. Dogs must be kept on owner's property and maintained so 4:8 not to disturb wildlife. 10.0 VEHICLES. Vehicles which are unlicensed shall not be stored or maintained on tho premises for a period in excess of fifteen (15) days following the expiration of such license, except such vehicle may be stored In a garage or otherwise screened from view from all other lots within the Development and from all commonly used roadways within the Development. Recreation vehicles, such as camping vans or trailers, boats, snowmobiles, and other off-road devices shall be parked or stored out of sight. Motorcycles shall not be operated in :he Development, except that they may be utilized for transportation in and out of the Development. No off-road vehicles, including snowmobiles, shall be operated in the Development. 11.0 STORAGE_ OF__MATF.RIALS. Premises must be kept neat and orderly. 11.1 Except for passenger vehicles and pickups, no motor vehicles, construction equipment, or heavy equipment may be stored for more than twenty-four (24) hours. 11.2 A11 trash containers .,n,! storage tanks must be enclosed in a structure or opaque fence. 11.1 Except for firewood, nu lumber, metals, scrap, or building) material may be stored except during construction. idaY0 424M • • MKS INIaKr 14114., M„N I., .,.,v r \���, 4� � Signed l .,-1-i. ,_+ � . )ubic�bealnei�ron%ao before me this ,r�% in day of r6 7 , If�. j / Z//S My eosasd� e}y[b � 5-111 !LEL.. v{�Jt'.° r . • 1.‘' 5f1r. 722 PiCf2 6 12.0 DISCHARGE OI FIREARMS. There shall be no discharge of guns or firearms upon the Development except for self-defense or to otherwise protect one's self or property. 13.0 .ARCHITECTURAL CONTROL COMMITTEE (ACC). 13.1 Submittal of Plans. No improvements of any kind, including but not limited to dwellings, drives, garages, tennis courts, swimming pools, fences, barns, and outbuildings may be constructed or altered on any lands within the Development unless three (3) complete sets of architectural plans and specifications for such construction are submitted to the ACC prior to tho commencement of such wnrk. Required drawings shall include: a site plan depicting structures, yards, drives, fences, utilities, site drainage, and land- scaping; all floor plans and elevations of the etructure(a); and a description of the exterior materials to be used. The ACC will notify all adjacent landowners of the time and place of their review of the drawings. All decisions of the ACC shall bo in writing. One set of such plane and specifications shall remain on file and become a permanent record of the ACC. In the event the ACC fails to take any action within thirty (30) days after complete architectural plans and specifications for such work have been sub- mitted to it, then all of such plans and apecificationa shall be deemed to be ap?roved. 13.2 Judgment of ACC. The ACC shall exercise its beat judgment to see that all improvements, construction, and alterations on the land within the Development con- form to and harmonize with the natural surroundings and with the existing structures as to external design, materials, color, setting, height, topography, grade, and finished ground elevation. 13.3 Architectural Plans. Plans and specifications sub- mitted under Paragraph 13.1 hereof shall show the nature, kind, shape, height, materials, floor plans, location, exterior color scheme, alterations, grading, and al! other matters necessary for the :.CC to properly consider and make a determination thereon. The ACC shall disapprove any architectural plans submitted to it which are not sufficient for its to exorcise the judgment required of it by these covenants. 13.4 Architectural Standards. The ACC review and decisions shall be based upon the standards Set forth in those, covenants.In particular, it is the goal of these covenants: that. all units blend in with the natural surroundings and be hidden from view to the extent practical. By becoming an owner, the owner agrees that he and all occupantF of the lot shall be bound by the requirements of these covenants. ;;, Construction Schedule. At any time that plans And specifications, grading plane, and location have been approved, then the construction of the same shall be carried out forthwith and completion ef'ected within twelve (12) months from the date construction Is com- menced; provided, however, that the time limit on completion of construction may be extended by the ACC if unusual circumstance.) or delay beyond the control of the owner occur. Failure to complete constItutee revo- c&t.lon of approval and such structure shall be removed within forcy-five (45) days of demand at the owner's expense. Time of Construction. Clean up of the site must be complete by time of occupancy. Landacaping and repair of site construction scars must bo completed within one (1) year from the date of the Issuance of the Certificate of Occupancy. Variance. The ACC may grant a reasonatlo vailanee or adjustment of these conditions and restrictions, including modifications to a building envelope, in order to overcome practic,11 difficulties and prevent unnecessary hardships arising by reason of the applica- tion of restrictions contained herein. Such variances or adjustment shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or Improvements of the neighborhood and shall not defeat the general intent of these restrictions. No Liability of ACC. The ACC shall not be liable in damages to any person or association submitting any architectural plans for approval or to any owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such architectural plans. Any owner sub- mitting or causing to be submitted any plans and speci- fications to the ACC agrees and covenants that he will not bring an action or suit to recover damages against the ACC collectively, its members individually, or its advisors or agents. 13.9 (tight 7nspeor!. The ACC and its duly -appointed agents or employees may enter upon any property at any reasonable time or times fur inspection of any 13.10 ACC Nemours. The initial members of the ACC shall Lincoln Wallhank n !la rq The ACC may by exp.ilded by appointment by a majorify Of the tnen-conf,titute,1 AC(:. -6- W..74;57A7FitnWagefAWMPWWTMP. • • 13.11 Replacement of ACC Members. A majority of the ACC may designate a representative to act for it. Should a member resign or become unable to act, the other mem- bers shall appoint a successor. Subsequent to the sale of all lots and tracts, ono or morn members may be replaced by written designation recorded in the Garfield County Clerk and Recorder's office showing approval by a majority of the owners. 14.0 SIGNS. No signs of any kind shall be displayed to the public view, except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 15.0 HAZARDOUS ACTIVITIES. No activities shall be con- ducted on any lot and no improvements constructed on _ny loL which are or might be unsafe or hazardous to any person or pro- perty. Without limiting the generality of the foregoing, no open fire shall be lighted or permitted on any lot excepting in a contained barbecue unit while attended and in use for cooking purposes or within a safe and wall designed interior fireplace. 16.0 NO ANNOYING_ LICHTSi,SOUNDSr 0R MOTORS. No light shall be emitted from any lot which is unreaeonubly bright or causes unreasonable glare. No sound shall be emitted from any lot which is unreasonably loud or annoying. No odor shell be emitted from any lot which is noxious or offensive to others. 17.0 DRIVEWAY CONSTRUCTION. All driveways shall be constructed so as to meet minimum Garfield County specifications and all cut slopes for driveways shall not exceed one to one and one-half slopes and .i1 areas disturbed shall be revegetated in conformance with the revegetation plan submitted by the deve- loper and approved by the County. 18.0 COVENANTS RUN WITH THE L4ND. Those covenants are to run with the land and shall be binding upon all parties and all persons claiming under thea. 19.0 Ak1CNDMENT. Subject to compliance with the applicable section& of the Garfield County Land Use Code and so long as they are consistent with prior Garfield County land use appro- vals for this Development, the Protective Covenants may be amended by an instrument signed by not less tnan seventy-five percent (759' of the owners of the lots in the Development. Such amendments shal'. become effective upon the recordation thereof in Garfield County, Colorado. 20.0 SI:VERAHILITY. The invalidation of any one of these covenants by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect. SUM 1/ ,./.,10 ',II het 'III elle(' .well/ Ino ern, •••P ••••••• •••• • • • • •••• • __44 ;i T!' eLyAltik. d63/4-1 • , • .1002 . Th. La,la.. aaly luaal.a.• with au 1.. rt.., ma., I • ..•14. ••••: uy aul ttttt wore u: •• •••••• • •1.• a•• •• tam Wt..* Ilue Clad. aka ..•••••1 It war, ga•utaal• lUa•a% I..••• au, 1 a 1-• 1•11••• • I.• aa.a STATE OP COLORADO ) ) as. County of Garfield ) „The foregoing instrument 448 acknowledged before 797. day of 1907, by AUSTIN MARQUIS. WITNESS my hand and official aeal. My Commission expires /13.53/__• , N; ••0 otary Public -4-Q":4 • ••• ' 'WV 1.;•••1•A., • Reception No. ald MILDRED ALSDCRF, RE^{.% ER GARFIELD CGUNTY, CCLC' DO 8!':Y DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE MARQUIS/WALLBANK BOUNDARY ADJUSTMENT PLAT '22? E,` %,j THIS DECLARATION is made on the date hereinafter set forth by Austin Marquis (hereinafter referred to as the "Declarant") W ITNESSET H: WHEREAS, the Declarant is the owner of all real property situate in the County of Garfield and State of Colorado described as the Marquis/Wallbank Boundary Adjustment Plat (hereinafter referred to as the "Development") as the same appears upon the Plat thereof recorded for record on June 29, 1987, as Reception No. 383220 in the Office of the Clerk and Recorder of Garfield County, Colorado; and WHEREAS, the Declarant, being desirous of protecting pro- perty and protecting the health, convenience, and welfare of the owners of the lots in the Development, does hereby publish and declare that the following terms, covenants, uses, conditions, restrictions, limitations, and obligations shall be deemed to run with the land located within the Development and shall be a burden upon and a benefit to any person or persons acquiring or owning any interest in the Development and the real property owned by such persons, their grantees, successors, heirs, devisees, personal representatives, and assigns. 1.0 DEFINITIONS. As used in these Protective Covenants, the following words and terms shall have the following meanings: 1.1 "ACC" shall mean the Architectural Control Committee for the Development. 1.2 "Lot" shall mean any lot, tract, or parcel of land in the Development. 1.3 "Owner" shall mean the owner of a lot created within the Development and shall also mean the owner of water rights designated for use within the Development. 1.4 "Development" shall mean the Marquis/Wallbank Boundary Adjustment Plat, as described above. 1.5 "Unit" shall mean a residential dwelling unit. 2.0 PLAN FOR AUGMENTATION. The.use of water on each lot shall comply with and be subject to the terms and conditions of the Plan for Augmentation decreed in Case No. 87CW100 in the Water Court in and for Water Division No. 5, as the same may be amended and as recorded in the Office of the Clerk and Recorder of Garfield County in Book at Page Reception No. • • BOCK 722 P E 2'73 . The Decree entered in said case is incorporated herein by reference and shall be binding upon the owners. All owners shall be individually responsible to maintain contracts with the Basalt Water Conservancy District in full force and effect; to drill wells and complete well drilling reports, pump reports, statements of beneficial use, and other matters necessary to maintain well permits in good standing; and to apply to make absolute or to maintain reasonable diligence on the water rights owned by them. All sewage systems shall be of non -evaporative type approved by all appropriate health officials. 3.0 ENFORCEMENT OF PROTECTIVE COVENANTS. Any owner shall have the right to enforce all covenants herein imposed by a pro- ceeding at law or in equity. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the richt to enforce these covenants or restrictions thereafter. 4.0 RESIDENTIAL PURPOSE. All lots shall be used only for residential purposes, provided that one barn, garage, or other outbuilding may be constructed in addition to a residence on any lot, and provided further that no land within the Development shall be occupied or used for any commercial or business pur- pose. No barn or accessory structure may exceed fifteen percent (15%) of the total square footage of the principal structure, as measured from the outside of foundation walls, unless approved by the ACC. The barns and accessory structures shall be so designed as to blend with and complement the general architec- tural scheme of the principal structure. All barns and accessory structures shall be located entirely within the building envelope for the particular lot, if applicable. No display, stock in trade, or outside storage equipment, signs, or other external advertising shall be permitted. 5.0 STRUCTURES AND LANDSCAPING IN THE DEVELOPMENT. 5.1 Building Envelope. All structures in the Development shall be designed to blend into and complement the natural surroundings. All structures shall be sited on each lot by the owner and approved by the ACC. Unless varied by the provisions of Paragraph 13.7, infra, no structure on Lots 2, 5, or 6 shall be constructed out- side the building envelopes for such lots as shown on Exhibit "A" attached hereto and incorporated herein by this reference. In siting a structure, the ACC shall approve its location as near to the spot selected by. the owner as shall not impede or restrict the view plane of other owners and otherwise meet the criteria set forth in Paragraph 13.4, infra. 5.2 Minimum Size; Height. The minimum size of each single- family structure shall be not less than 1000 square feet of habital floor area, exclusive of open porches, garages, or carports, as measured from the external • • BC^ 2 f %' foundation walls. No structure shall be permitted on any lot or tract which exceeds twenty-four (24) feet in height measured from the average natural finished grade line immediately adjoining the foundation to the average roof height, unless exempted by the ACC upon review of plans based on the criteria set forth in Paragraph 13.4, infra. 5 3 Restrictions on Antennae. No electronic antennae or device of any type, other than an antennae for receiving normal television signals, shall be erected, constructed, or placed or permitted to remain on any lot. A television antenna may be attached to a struc- ture; provided, however, the antenna's location shall be restricted to the rear of the structure or to the rear of the ridgeline, gable, or centerline of the principal dwelling so as to be hidden from sight. No television or short-wave disc shall be permitted unless approved by the ACC, which may condition any approval upon appropriate screening. 5.4 New Construction. No structure shall be erected by means of other than new construction, it being the pur- pose of this covenant to insure that old buildings will not be moved from previous locations and placed upon a lot. Exteriors of all structures shall be constructed of either stone or lumber, or a combination thereof. The use of cinderblock shall not be allowed unless it is faced with. another material herein approved. Landscaping shall blend with natural vegetation. No tree shall be removed or cut down without'approval of the ACC, unless the tree or trees are dead, dying, or diseased. All areas cut, filled, or disturbed by any construction or other activity shall be fully restored and revere tated . 6.0 UTILITY LINES AND EASEMENTS. No new gas lines, power lines, telephone lines, or television cables shall be permitted on Lots 2, 5, or 6 unless said lines are buried underground or overhead and out of sight of other lot owners' building site views from their primary source to the structure and at the owner's expense. Easements for installation and maintenance of utilities are reserved as shown on the Plat and no permanent structure shall be erected on any of said easements and no aerial encroachments may take place over such easements. Neither the Declarant nor any utility company or governmental entity using the easements shall be liable for any damages done by any of them or their assigns, agents, or employees to the shrubbery, trees, flowers, or improvements of the owner located on the land covered by said easements. 7.0 LIMITATION ON CERTAIN STRUCTURES. No structure shall be placed on any lot which is or ever has been or could be made the subject of a specific ownership tax as now defined in Title • • `722 Fi�Eti 5 42 of the Colorado Revised Statutes, nor shall structures constructed in the manner or fashion of mobile houses be allowed. It is the intent of these 'covenants to prohibit the use of mobile houses as residences within the Development. No structure of a temporary character, trailer, basement, tent, or shack of any description shall be used on any lot except on a temporary basis, not exceeding six months, by the construction company constructing a structure on a lot or tract. 8.0 FENCES. Architectural screen fences, limited to six (6) feet above ground level and constructed of natural wood, are allowed provided they are attached to the primary building. Open post and rail fences, limited to four (4) feet above ground level and constructed of unfinished natural wood poles, are allowed provided they are located so as to not unduly disrupt natural brush and tree vegetation nor cause soil erosion and are approved by the ACC. 9.0 LIVESTOCK. No horses, cows, pigs, chickens, poultry, rabbits, or other livestock shall be raised, grown, bred, main- tained, or cared for upon any lot other than as hereinafter pro- vided; provided, however, that nothing herein contained shall prevent any owner of any lot from maintaining, keeping, and caring for domestic, household pets not for commercial purposes. Said lots must be maintained in a clean and odor -free condition. Dogs must be kept on owner's property and maintained so as not to disturb wildlife. 10.0 VEHICLES. Vehicles which are unlicensed shall not be stored or maintained on the premises for a period in excess of fifteen (15) days following the expiration of such license, except such vehicle may be stored in a garage or otherwise screened from view from all other lots within the Development and from all commonly used roadways within the Development. Recreation vehicles, such as camping vans or trailers, boats, snowmobiles, and other off-road devices shall be parked or stored out of sight. Motorcycles shall not be operated in the Development, except that they may be utilized for transportation in and out of the Development. No off-road vehicles, including snowmobiles, shall be operated in the Development. 11.0 STORAGE OF MATERIALS. Premises must be kept neat and orderly. 11.1 Except for passenger vehicles and pickups, no motor vehicles, construction equipment, or heavy equipment may be stored for more than twenty-four (24) hours. 11.2 All trash containers and storage tanks must be enclosed in a structure or opaque fence. 11.3 Except for firewood, no lumber, metals, scrap, or building material may be stored except during construction. • • gr" x 722 ri.2' 6 12.0- DISCHARGE OF FIREARMS. There shall be no discharge of guns or firearms upon the Development except for self-defense or to otherwise protect one's self or property. 13.0 ARCHITECTURAL CONTROL COMMITTEE (ACC). 13.1 Submittal of Plans. No improvements of any kind, including but not limited to dwellings, drives, garages, tennis courts, swimming pools, fences, barns, and outbuildings may be constructed or altered on any lands within the Development unless three (3) complete sets of architectural plans and specifications for such construction are submitted to the ACC prior to the commencement of such work. Required drawings shall include: a site plan depicting structures, yards, drives, fences, utilities, site drainage, and land- scaping; all floor plans and elevations of the structure(s); and a description of the exterior materials to be used. The ACC will notify all adjacent landowners of the time and place of their review of the drawings. All decisions of the ACC shall be in writing. One set of such plans and specifications shall remain on file and become a permanent record of the ACC. In the event the ACC fails to take any action within thirty (30) days after complete architectural plans and specifications for such work have been sub- mitted to it, then all of such plans and specifications shall be deemed to be approved. 13.2 Judgment of ACC. The ACC shall exercise its best judgment to see that all improvements, construction, and alterations on the land within the Development con- form to and harmonize with the natural surroundings and with the existing structures as to external design, materials, color, setting, height, topography, grade, and finished ground elevation. 13.3 Architectural Plans. Plans and specifications sub- mitted under Paragraph 13.1 hereof shall show the nature, kind, shape, height, materials, floor plans, location, exterior color scheme, alterations, grading, and all other matters necessary for the ACC to properly consider and make a determination thereon. The ACC shall disapprove any architectural plans submitted to it which are not sufficient for its to exercise the judgment required of it by these covenants. 13.4 Architectural Standards. The ACC revi-ew and decisions shall be based upon the standards set forth in these covenants. In particular, it is the goal of these covenants that all units blend in with the natural surroundings and be hidden from view to the extent practical. By becoming an owner, the owner agrees that he and all occupants of the lot shall be bound by the requirements of these covenants. -5- • Bea 722 p4E2747 13.5 Construction Schedule. At any time that plans and specifications, grading plans, and location have been approved, then the construction of the same shall be carried out forthwith and completion effected within twelve (12) months from the date construction is com- menced; provided, however, that the time limit on completion of construction may be extended by the ACC if unusual circumstances or delay beyond the control of the owner occur. Failure to complete constitutes revo- cation of approval and such structure shall be removed within forty-five (45) days of demand at the owner's expense. 13.6 Time of Construction. Clean up of the site must be complete by time of occupancy. Landscaping and repair of site construction scars must be completed within one (1) year from the date of the issuance of the Certificate of Occupancy. 13.7 Variance. The ACC may grant a reasonable variance or adjustment of these conditions and restrictions, including modifications to a building envelope, in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the applica- tion of restrictions contained herein. Such variances or adjustment shall be granted only in case the granting thereof shall not be materially detrimental cr injurious to other property or improvements of the neighborhood and shall not defeat the general intent of these restrictions. 13.8 No Liability of ACC. The ACC shall not be liable in damages to any person or association submitting any architectural plans for approval or to any owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such architectural plans. Any owner sub- mitting or causing to be submitted any plans and speci- fications to the ACC agrees and covenants that he will not bring an action or suit to recover damages against the ACC collectively, its members individually, or its advisors or agents. 13.9 Richt of Inspection. The ACC and its duly -appointed agents or employees may enter upon any property at any reasonable time or times for inspection of any structure. 13.10 ACC Members. The initial members of the ACC shall be: Lincoln Wallbank Austin Marquis The ACC may be expanded by appointment by a majority of the then -constituted ACC. -6- • • sr::!: 722 ?E 2 p 13.11 Replacement of ACC Members. A majority of the ACC may designate a representative to act for it. Should a member resign or become unable to act, the other mem- bers shall appoint a successor. Subsequent to the sale of all lots and tracts, one or more members may be replaced by written designation recorded in the Garfield County Clerk and Recorder's office showing approval by a majority of the owners. 14.0 SIGNS. No signs of any kind shall be displayed to the public view, except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 15.0 HAZARDOUS ACTIVITIES. No activities shall be con- ducted on any lot and no improvements constructed on any lot which are or might be unsafe or hazardous to any person or pro- perty. Without limiting the generality of the foregoing, no open fire shall be lighted or permitted on any lot excepting in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well designed interior fireplace. 16.0 NO ANNOYING LIGHTS, SOUNDS, OR MOTORS. No light shall be emitted from any lot which is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any lot which is unreasonably loud or annoying. No odor shall be emitted from any lot which is noxious or offensive to others. 17.0 DRIVEWAY CONSTRUCTION. All driveways shall be constructed so as to meet minimum Garfield County specifications and all cut slopes for driveways shall not exceed one to one and one-half slopes and all areas disturbed shall be revegetated in conformance with the revegetation plan submitted by the deve- loper and approved by the County. 18.0 COVENANTS RUN WITH THE LAND. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them. 19.0 AMENDMENT. Subject to compliance with the applicable sections of the Garfield County Land Use Code and so long as they are consistent with prior Garfield County land use appro- vals for this Development, the Protective Covenants may be amended by an instrument signed by not less than seventy-five percent (75%) of the owners of the lots in the Development. Such amendments shall become effective upon _.the recordation thereof in Garfield County, Colorado. 20.0 SEVERABILITY. The invalidation of any one of these covenants by judgment or court order shall not affect any of the• other provisions which shall remain in full force and effect. • BO 722 r E2':9 Dated this Zci day of c"ti,-�17�� , 1987. STATE OF COLORADO ) ss. County of Garfield ) AUSTIN MARQUIS he foregoing instrument was acknowledged before me this day of S / , 1987, by AUSTIN MARQUIS. WITNESS my hand and official//seal. My Commission expires: Cc;��rr Z. (97 n Notary Public • f. AMENDMENT TO D..0 LARATIO cv P'F.OTECTIVE COVENANTS ?ND RESTRICTIONS �� �E. YSInALL�AK BOUt:twA �.U�Jtd�TMEN'I' ?SAT THIS AMENDMENT is rade and effective as of the /7 ' day of +, ,�gLat, 1988; W ITNESSET H: WHEREAS, the Declaration of Protective Covenants and Restrictions for the Maruis/Wallbank Boundary Adjustment Plat were recorded in the Records of the Garfield Coenty Clerk and Recorder's Office in Book 722 at Page 272; and WHEREAS, Paragraph. 19 of said document provides that the Covenants may be attended by an instrument signed by not less than 75 percent of the owners of the lots in the development; a n d WHEREAS, this instrument is signed by not less than 75 cent of the owners of the lots in the development. Nr - NOW, THEREFORE, the Declaration of Protective Covenants and Restrictions for the i arauis/Wallhank Boundary Adjustment Plat is hereby amended as follows: 1. Paragraph 5.1 is amended to read as follows: 5.1 Building Envelooe. All structures in the development shall be designed to blend into and complement the natural surroundings. All structures shall be sited on each lot by J the owner and approved • by the ACC. • Unless vai ied by the provisions of .Paragraph 13.7, infra, no structure on Lots 2, 5, or 6 •shall be constructed so es to impede the site and view plains ..of the .owner(s) of _anyelot(s) in the develop - r ens. All .structures in Lots 2,-5/ and 6 shall be located in accordance with .the provisions , of Paragraph 13.25; pro- vided, however, that in siting a, structure, the ACC shall approve its location as near to the spot selected by the owner and shall not impede or otherwise restrict the view plain of other owners and otherwise • meet the criteria set forth in Paragraphs 13.25 and 13.4, .infra. 2. A new Paragraph 13.25 is hereby added to the Declaration of Protective Covenants and Restrictions for the d: rquis/ ai1ba k Boundary Adjustment Plat, 'to reed as follows: 13.25 Structure Location. No structure shall be constructed on Lots 2, 5, or 6 without first submitting the proposed location of said structure to the ACC and gaining the appro- val of the ACC for the location of said structure. The ACC shall decide, in its sole discretion, whether the location of said structure will impede or in any way interfere with 4'x..9 REE _P...E _; ;_E F. 4 .,..ie . ei rr. and view plains of an owner of a lot(s) in the development. if The prop ,cam.location of s 't ` c 5 e the proposed �.. � � said •..s aP'F t� r'f t L i does, in the opinion of the ACC,'impede the Site and view plains of any lot in the development, the ACC may, at its option, refuse to approve the location of said structure. J. Paragraph 17.0 of said document, entitled Construction," is hereby deleted and is hereafter null 4. A new r arapranh 17.0 is hereby adopted, said to read as follows: "Driveway and void. paragraph The Dec1a..r-ant shall, at his expense, on or before December, 1988 cause a roadway and cul -de --sac to be constructed within the right of way shown in the Plat. The access •road servicing Lots 2, 5, and 6 from County Road 112 up to and including .the cul--de-sac is a private road, and shall be used by the -owners of said lots solely for ingress, c' `ress, utility and drainage purposes. The owners of Dcts 2 and 6 shad be-ointly responsible for the m .into name ofsaid road. Such maintenance shall include general upkeep, '_ rat, Iudn-g but ' riot limited- to the removal ..of snow and the reg: a ding of the road when necessary. Notwithstanding the provisions of Par'aaraoh 19.0 hereof, this Paragraph >n?_i may be • ryended •bY an instrument signed by the owners of Lots 2, 5, and 6, any such amendment to be effecti Ye upon recordation. Dated this //;2_, day of August, 1988. • ,, AUSTIN MARQUIS Sole Owner of :'y STATE COLORADO County of j ss. P . C "-s foregoing instrumentwas acknowledged before me thiss ✓7''°. day of August, 1588, by AUSTIN P:..=.RQ'.3 IS WITNESS my har aril official. seal. My Commission expires;i%iT'J f' 06 /7`j! r7 Notary Public . Recorded at ‚‚ DU o'clock AUL] 1 ( Itst5 ,.. Rt ception No.394 99 .DRED h' LSDORF,' RECORDER. GARFIELD COUNTY, COLORADO AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE MARQUIS/WALLBANK BOUNDARY ADJUSTMENT PLAT THIS AMENDMENT is made and effective as of the /7 day of August, 1988; WITNESSETH: WHEREAS, the Declaration of Protective Covenants and Restrictions for the Marquis/Wallbank Boundary Adjustment Plat were recorded in the Records of the Garfield County Clerk and Recorder's Office in Book 722 at Page 272; and WHEREAS, Paragraph 19 of said document provides that the Covenants may be amended by an instrument signed by not less than 75 percent of the owners of the lots in the development; and WHEREAS, this instrument is signed by not less than 75 per- cent of the owners of the lots in the development. NOW, THEREFORE, the Declaration of Protective Covenants and Restrictions for the Marquis/Walibank Boundary Adjustment Plat is hereby amended as follows: 1. Paragraph 5.1 is amended to read as follows: 5.1 Building Envelope. All structures in the development shall be designed to blend into and complement the natural surroundings. All structures shall be sited on each lot by the owner and approved by the ACC. Unless varied by the provisions of Paragraph 13.7, infra, no structure on Lots 2, 5, or 6 shall be constructed so as to impede the site and view plains of the owner(s) of any lot(s) in the develop- ment. All structures in Lots 2, 5, and 6 shall be located in accordance with the provisions of Paragraph 13.25; pro- vided, however, that in siting a structure, the ACC shall approve its location as near to the spot selected by the owner and shall not impede or otherwise restrict the view plain of other owners and otherwise meet the criteria set forth in Paragraphs 13.25 and 13.4, infra. 2. A new Paragraph 13.25 is hereby added to the Declaration of Protective Covenants and Restrictions for the Marquis/Wallbank Boundary Adjustment Plat, to read as follows: 13.25 Structure Location. No structure shall be constructed on Lots 2, 5, or 6 without first submitting the proposed location of said structure to the ACC and gaining the appro- val of the ACC for the location of said structure. The ACC shall decide, in its sole discretion, whether the location of said structure will 'impede or in any way interfere with • • 7 39 F! E 455 the site and view plains of any owner of a lot(s) in the development. If the proposed location of said structure does, in the opinion of the ACC, impede the site and view plains of any lot in the development, the ACC may, at its option, refuse to approve the location of said -structure. 3. Paragraph 17.0 of said document, entitled "Driveway Construction," is hereby deleted and is hereafter null and void. 4. A new Paragraph 17.0 is hereby adopted, said paragraph to read as follows: The Declarant shall, at his expense, on or before December, 1988, cause a roadway and cul-de-sac to be constructed within the right of way shown in the Plat. The access road servicing Lots 2, 5, and 6 from County Road 112 up to and including the cul-de-sac is a private road, and shall be used by the owners of said lots solely for ingress, egress, utility and drainage purposes. -The owners of Lots 2, 5, and 6 shall be jointly responsible for the maintenance of said road. Such maintenance shall include general .upkeep, including but not limited to the removal of snow and the regrading of the road when necessary. Notwithstanding the provisions of Paragraph 19.0 hereof, this Paragraph only may be amended by an instrument signed by the owners of Lots 2-, 5, and 6, any such amendment- to be effective upon _recordation. Dated this /% day of August, 1988. AUSTIN MARQUIS Sole Owner of De _opment 739 FL E455 STATE OF COLORADO ) ss. County of Gc4r4rlo( ) The foregoing instrument was acknowledged before me this /7/"X day of August, 1988, by AUSTIN MARQUIS. WITNESS my hand and official seal. My Commission expires: Q47eb,•7-- 24 /”'/ . Notary Public • • ! At 1OA as Color corporation, he 2.nsftar' .,LOUTS mix and ,:L "`sat= of Matti referi d'to.•as;" South„ Range ii Weat of ,,the '6th 'P ai., • b the oft of ''Vac S of ; Sec are the . a sr* of the 7 South; Range , 88 Wast of the 6th.P.X.; ' attsd the Corporation is rim otarnr of lends : is Section 116 and Lis. Sectioat '23, Township 7'loath,': Sane Bat Vent of the 6th P.N.; and Villein are the owners of the Wank of Section 23, Totaashig 7 South,. Range 88 Wrist of. the 6th P,M., all of said tracts being le Garfield . Township, Comity, Colorado; and UHERE*S, a road .. and easement has 'aT been surveyed awd lata out frau a point on the county road where said cauaty road crosses the north. line of the NAM of Suction 23, Township 7 South, Range 88 West of thi 6th P.X. in a general westerly direction across the lands of Cozens, Martins and part of --the lands of the Corporation up to the lands owned by Willa as described above an provide mai mean of ingress and egress to tha parcels of land owned by the several parties to this agreement; and WHEREAS, the parties desire to reduce to writing their agreement greeting easements and rights of way for road purposesialong the course of said roadway for the use and benefit of the lands owned by the parties and as above described, SOW, THEREFORE, in _consideration of the Pzgiaiaea, in consideration of the benefits accruing and to accrua to each of the parties hereto, Wad in consideration of the granting from each party hereto to the other parties hereto of the eastaent and right of way hereinafter described, it is agreed as follows: each o ase•. . urto the Corporation and to Wines a.rost the following described property to be used as a roadway in common by all of the parties to this agreement, as follows: -2.. ter../.464 frwt t47 Cozens and Martins hereby grant an easement and right of wry -unto and Wil as tha following described property to be used as a roadway in common .by Martina, the Corporation and Willa*, as follows. An eaa .. nt 60 est in width to be used as a roadway aituated in th HEkSE} •f Section 23 in Township 7 South, Range 88West of t. 6th incipal Meridian, being 30 feet on each side of the follong described canter line: Beginning at a point on the Xortherly line of said nEtsEk whence, the Srrthuast Corner of said h'EkSEk bears N. 89'49'4.2" E./163.C8feet; tbence along said center line 96.61 feet a10 g tne_arc of a curve to the . left having a radius of 1243.82 est, the chord of which bears S. 19'24'30" W. 96.59 feet; thence S. 17'07'3$" W. 129.64 feet; thence 98.75 feet along the arc of a`cury to the right having a radius of 254.66 feet, the chord of which bears S- 28'14'07" W. 98.13 feet; thence S. 35'20'38" W. 40.56 feet to a point on the Westerly line of sa.id'NE3..SEk whence the North- west Corner of said NiiSEr bears N. 01''49" 3' 347.98 feet, aha-Carfield County, Colorado. 1� An eas nt 60 feet in width to be used es a roadway situated in t SEkNEL end YE4SEk of Section 23 in Township 7 South, Rau 88cWss of the 6th Principal Y..eridien, described as being -30 -feet on each side of the following described center line: Beginning at a point on the Westerly right-of-way lima of a county road as constructed and in place whence the East 1/4 Corner of said Section 23 bears S. 88'36'15" E. 500.93 feet; thence alott_said center line S. 80'05'03" W. 98.85 feet; the a86_27 feet along the arc of a curve to the right having 0 a radlus_of $diet, the chord �f. �- • -tilti,cli bears N. 58'251 -22" -W._91 -feat; thence H. 16'56'521"16q- 168.84 4iet; O+.ncj114.-3 feet along the arc of a curve to t----left-having a_Tadiva f-93.3 feet, the chord of which bears N. 56•C4'37" .,_32 .2 fee thence S. 84.47'38" LST: 51.39 feet; thence -9 erelong tha arc of 'a curve to the Zaft� x aYinB =�ti3ic�s o 7135.21 feat, the chord oZ whish-be:r.S. 54'10'55" k---137 70 et; ttxance-S: 23'34'11" /r W. 164.76 feet; thence -43-_ ee along the arc of a curve to the left-h=big a rsdjus-of4243_a2 feet, the cbord of which bears S. 22'34'24" W 3,.25 it to a point on the Southerly line of sa • 1NEt whence N ttbwest Corner of said NEkSE% bears 9'42" r 163. est, all Garfield County, Colorado. hereby grant an ease art. am d ri2JL of uay unto t.`.a Corporatioa across Corpora 3. e Corporation does hereby grant an easement and right of way unto Cullen ollowing described property to be used as a roadway in common by the ion and Zh illes, es follows: An easement 6 feet in width to be used as a roadway situated in tic' NW. SEL f Section 23 in Tzvnr.hip 7 S_.._,, 8 . est of the th Pri ipal Meridian, described as being 30 feet an each side f e following described center Linz: Beginning at a point on the .._steely 1_..,. of _; �S� . .� -- '•. � ae�ice tnc %are thsst Corner of said �Z:�SE' bears f N. 01'19':.9" W. 347,91 feet; thence along said cc_ue: line S. 34"23'38" W. 128.42 feet; thence 116.18 feet along tae arc of.a curve to the right' havinz a radius of 159.71 feet, the cord of which bears S. 5+'58'54" W. 114.36 feet; thence S. 74'37'1C" W. 336.82 fee:; unto the eu 464 F/„L E48 -3- • thence 118.09 feet alea„ the arc of a curve to the right having a radius of 75.49 feet, the chord of which bears N. 60.33155” U. 106.42 feet; thence N. 15.45'CO" %Z. 36.44 feet; thence 115.34 feet along the arc of a curve to the rigIit having a radius of 169.65 feet, the chord of which bears 1. 03.43'37" E. 113.13 feet; thence N. 23.12'14" E. 163.52 fett; thence 184.60 feet along the are of a curve to the left ihavinr a radius of 299.91 feet, the chord of'Whith bears 1. 05'37'39" E. 131.13 feet; thence 5. 11'56'5" W/167.88 feet to a point oa the Northerly line of said/N»ISE.kAraence the C.ortheast Corrzr of said 27..; SEt s N. 8x49'42'1 E. 521.06 feet, all Garfield County, Colorado. 4. Willes do hereby grant an easement and right of way of 60 feat ia width rporation across the following described property to be used as a roadway, as follows: The Southwest Quarter of the Northeast Quarter (SW1x ) of Section 23, Township 7 South, Range 8S West of the 6th P.M., Garfield County, Colorado, said easement and right of way to be for the benefit of lands owned by the Corporation in Sections 14 and 23, Township 7 South, Range 88 West of the 6th P.X. Garfield County Colorador the location to bo at the a _. pproveof tho' iaiillots.0 ' ofiv 5. This agreement may be executed in counterparts and each•ececuted counter— part shall be considered an original instrument for all purpose!. 6. This agreement in all of its parts shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, devisees, grantees, successors, personal representatives and assigns, and each of the provisions hereof shall be deemed to be covenants running with the lane.s herein described and owned by the parties hereto. Dated and signed the day and year first above written. • • ' • •• I �`' Seciecary //(7; ones /�Fir1 Doris +� (7 ��- . Cozens I. Cozcca Richard C. Martin S. Martin By l r ://-/ / G47 Vice -?resident • 0. ;suis !Wille • • -4- ECLAA6t• Pig 549 STAT Q?. CutQcRADO ) CGL'. �ci ) as. 5://7. 4II before- "u-�iorL g instrument was acknowledged mu this day of 4000., X968 , iyy•J-14Ti. COZE:iS and DORIS I. COZENS. .141 �•3S:isy hand and official seal. my commission expires STATE OF COLORADO COUNTY OF GARFIELD j-/6-61 Cary Public The foregoing instrument was acknowledged before me this day of Jane, 1968, by RICHARD C. MARTIN and WILMA S. MARTIN. 1y commission expires WITNESS my 1iaad and official seal. STATE OF COLORADO ) ,r rbt..4 kJ) COUNTY OF + ) SS. Notary Pualic _ jforegoing instrument vas acknowledged before me this .4-r0,_ .day of LEWIS as Vicn-President, and WOODY W. FISHER, as Secretary of ".:;G.:a:LAXD DEVELOPMENT CORPORATION, a corporation. • WZT1ESS my hand and official seal. `.{}► commission expires 7- / l - 7/ STATE O ' COLORADO ) ) ) DS. (0 Stj:/f.--rizZQ Notary Public f,ireaoing instrument was acki ouLedged before this WILLS and LUNETTE WILTLZ. • ZSS my hand and official seal. " 7 commission My ommistion expires June 17. 1969 No:a:y 2u'al e • January, 1987 - Page 60 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO January 19, 1987 The regular meeting of the Board of County Commissioners began at 9:00 A.M. on Monday, January 19, 1987 with Chairman Bob Richardson and Commissioners Larry Schmueser and Marian Smith present. Also present were Administrator Chuck Deschenes, Attorney Don DeFord and Clerk & Recorder Mildred Alsdorf.t. — Roger Kilbourn of the Garfield County Economic Development Corporation discussed their proposed business and recreation video promotion production and the Department of Local Affair's four -county grant of $100,000 split 6 ways. The proposal has been approved by the Department of Local Affairs and $16,700 matching funds will be provided by them for the project. They request a government entity serve as a pass-through liaison for this grant. Commissioner Schmueser made a motion that the Board approve the request of the Garfield County Economic Development Corporation for the Northwest Colorado Marketing Committee for Garfield County to act as liaison for the economic development video promotion project to distribute the $16,700 granted by the Department of Local Affairs. Commissioner Smith seconded the motion; carried. Emmett Smith, Motorpool Manager, gave the motorpool report and discussed vehicles which could be eliminated from the pool to save insurance costs. After discussion, the Board directed him to eliminate vehicle No. 503 van. King Lloyd, Assistant Road & Bridge Superintendent, discussed the need for a radio in the county shop in Silt and ask the Board to consider two options: (1) Utilizing the Rifle radio base running a phone line between Rifle & Silt and pay Mountain Bell plus a monthly service charge for the phone line for approximately $600 for the unit and the service charge; (2) Put in a new base for approximately $900. After discussion, Commissioner Schmueser made a motion that the Board authorize King to purchase a base station radio for the Silt county shop. Commissioner Smith seconded the motion; carried. Lee Hunter, former County Assessor, Deputy Assessor Dawn Potter discussed the change of mill levy for DeBeque School District which would amount to $2,119. Since the tax roll is already out and the burden to change it is the school district's responsibility, the Superintendent of the school district withdrew the request. Director of Building, Sanitation and Planning, Mark Bean, discussed the UNOCAL application for a Special Use Permit for a water basin to take care of excess water. The Board directed Mark to set a public hearing on the matter. Attorney Don DeFord and Mark discussed a request for a boundary line adjustment on County Road 112 and after considerable discussion regarding the creation of a number of different parcels by moving boundary lines, the Board directed Mark to have his staff require a filing of a plat for any boundary line adjustments involving more than two parcels. There being no questions regarding the accounts payable, Commissioner Smith made a motion that the claims against the county for the 2nd run in December, 1986 be approved. Commissioner Schmueser seconded the motion; carried. After discussion with Chuck regarding the agreement with Eagle Computer Company for the 1987 services, Commission Schmuser made a motion that the Chairman be authorized to sign the contract with Eagle Computer Company for the 1987 computer services for $2,950 per month. Commissioner Smith seconded the motion; carried. After discussion with Chuck regarding the banking agreement, Commissioner Schmueser made a motion that the Board members be authorized to sign the agreement dated December 31, 1986 between Garfield County and Colorado National Bank to continue the county deposits as per the present agreement made July 1, 1986 and that an investigation should be made regarding the possibility of investing up to 8 million dollars of the Oil Shale Trust Fund. Commissioner Smith seconded the motion; carried. Chuck discussed the occupant of the trailer on the Fairgrounds who provides nighttime security and the Board directed him to give the occupant a 30 day notice to vacate the premises due to the protection of the Town of Rifle and in order to save the cost of utilities.