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Home My WebLink About2.0 Correspondence & ConditionsPROTECTIVE COVENANTS OF HORIZONS WEST SUBDIVISION GARFIELD COUNTY, COLORADO KNOW ALL MEN BY THESE PRESENTS, THAT Horizons West, a Colorado Limited Partnership, (hereinafter called "Declarant"), being the owner of the real property described below, does hereby make and establish the following protective covenants applicable to said property, to run with the land -as hereinafter set forth. ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION OF PROTECTIVE COVENANTS HORIZONS WEST The real property which is, and shall be conveyed, transformed, occupied and sold subject to the conditions, covenants restrictions, reservations and easements, as set forth in the various clauses and covenants of this declaration, is located in the County of Garfield, State of Colorado, and is more particularly described as follows: That real property described on Exhibit A, attached hereto and incorporated herein by reference. Use of the term "building site" or "lot" herein means the lots as designated on the plat of Horizons West. ARTICLE II GENERAL PURPOSES OF CONDITIONS The real property described in Article I hereof is subject to the conditions, covenants, restrictions, reservations and easements hereby declared to insure the best use and the most appropriate development and improvement of each building site thereof; to protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to preserve so far as practical, the natural beauty of such property; to prevent the construction of improper or unsuitable improvements; to encourage and secure the erection of attractive dwellings thereon; and in general to provide adequately for the improvement of said property. The property hereinbefore described is made specifically subject to the following: A. LAND USE AND BUILDING TYPE. No building site shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any building site other than a single-family, detached dwelling for residential purposes or for a private garage, guest house, and other out- buildings incidental to residential use of the premises. No trailer or mobile home, basement, tent, shack, garage, barn or other out -building (other than a guest house erected on a building site covered by these covenants) shall at any time be used for private habitation temporarily or permanently. No lot shall be used for any commercial or business purposes whatsoever. No modular or pre -fabricated buildings shall be permitted to be constructed on a building site for occupation as a residence. B. LOT SET -BACKS. No building shall be located on any building site less than 30 feet from the front lot line for all sites covered by these covenants, nor less than 30 feet from any side or rear lot line. C. MINIMUM FLOOR AREA AND BUILDING HEIGHTS. No dwelling shallTe erected, altered or piacetc.—on any tract with a ground floor area exclusive of patios, open porches or garages of less than 1100 square feet external measurements, as defined in the Garfield County Building Code. The minimum floor area for a guest house shall be 500 square feet. The maximum height of any building shall be 2 stories. D. MINIMUM BUILDING SITE AREA. No building site shall contain more than one residential structure and one guest house (plus appurtenant non-residential structures referred to in Section A above). No building site shall be resubdivided in any manner. E. SEWAGE DISPOSAL. If public sewers become available, dwellings then under construction or subsequently to be built must make use thereof. Pending availability of public sewers, each dwelling must use a sanitary disposal system of design and installation approved by Garfield County and the Colorado Department of Public Health. F. EASEMENTS. Easements and rights of way as described on the recorded plat of the subdivision are reserved for poles, wires, pipes, and conduits for electricity, gas, telephone, water, sewer, drainage water, snow removal, reservoirs, and associated facilities of any other utility purposes, together with the right of ingress and egress for further construction, maintenance and repair thereof along the side and rear lot lines of each lot contained in the said plat, and as otherwise shown and described therein. No dwelling, improvement, material, equipment or refuse shall be placed on any part of said property within the area of the easements reserved. G. NUISANCES. No noxious or offensive activity shall be carried on upon any portion of the property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. H. ANIMALS, LIVESTOCK AND POULTRY. No animal, livestock or poultry of any kind shall be raised, bred, or kept on any portion of the pIaperty for any commercial purpose. No swine shall be kept on the property for any purpose. No more than two bovine or equine animals may be kept on any one lot. All animals, livestock or poultry shall be penned or enclosed within a legal fence so that such animals are confined to the lot. No animal shall be kept or maintained on any property subject to the covenants in such a manner as to constitute an annoyance to any person or injury to the public health. I. GARBAGE AND REFUSE DISPOSAL. No part of the property above or below ground shall be used or maintained as a dumping ground for rubbish, trash, garbage, debris or other waste. At all times the property shall be maintained in a sanitary condition. Reasonable precautions shall be taken against fire hazards and no outdoor burning of any kind shall be permitted upon the premises, except for cooking. No motor vehicle of any type shall be permitted to remain on the property in a non- operating condition for more than 30 days in any calendar year. Any such vehicle which does not display current and valid license plates, -and safety inspection sticker where required by state law, shall be deemed to be in a "non-operating condition". One horse trailer may be kept on each lot or building site. J. SIGNS. No signs of any kind shall be displayed to the public view on any part of the property, except one sign of not more than two square feet designating the owner of any building site, or signs used by Declarant or its agents to advertise the property. K. DISCHARGE OF FIREARMS. No f i rearme explosives, air rifles, BB guns, or similar devices, shall be discharged on any part of the property. -2- L. MINING OPERATIONS. No oil, gas, coal, sand, gravel or other mineral development, drilling, refining, quarrying, mining, crushing, manufacturing, or processing operations of any kind shall be permitted upon or in any portion of the property, except as may be required in connection with the construction, repair and maintenance of roads in the subdivision or the adjacent area; nor shall oil or gas wells, tanks, tunnels, mineral excavations or shafts be permitted. The foregoing shall not be construed to prevent the drilling of water wells to serve the premises for domestic purposes. M. ARCHITECTURAL CONTROL COMMITTEE. Prior to the construction of a dwelling or any other improvement on any residential site, the builder or owner shall submit the plans and specifications of the dwelling, for approval to the architectural control committee. The architectural control committee shall approve such plans in writing within ten (10) days unless the architectural design as proposed would have a significant adverse impact on the overall aesthetics of the development subject to these covenants. The architectural control committee shall determine that the proposed dwelling would have a "significant adverse impact" only upon a finding that (1) the architectural design is radically dissimilar to the existing residential structures within the development; and (2) that the architecture of the proposed dwelling would clash with the architecture of existing dwellings or with the natural topography of the appurtenant land. Initially the architectural control committee shall consist of three (3) members appointed by the Declarant. Upon the sale of fifty (50) percent of the lots within the Horizon's West Subdivision, the initial members of the committee shall be succeeded by three (3) homeowners in the subdivision appointed by the initial members, who shall serve for a one year term. Thereafter, successors to the architectural control committee shall be elected for annual terms by the owners of lots within the subdivision. The procedures for nomination and election shall be set forth by the initial architectural control committee. N. VIOLATION OF COVENANTS. Violation of any of the covenants or restrictions herein contained shall give to Declarant, its agents or assigns, the right to enter upon the property as to which such violation exists, and summarily to abate and remove at the expense of the owner thereof any erection, thing or condition that may exist thereon contrary to the intent and meaning of the provisions hereof; and. Declarant, its agents or assigns, shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal. 0. TERM OF COVENANTS. Each of the covenants, restrictions, and reservations set forth herein shall continue to be binding for a period of ten years from the date of filing hereof in the Office of the Clerk and Recorder of Garfield County, Colorado, and shall automatically continue thereafter for successive periods of ten years each; provided, however, that the owners of seventy- five per cent of the lots which are subject to these covenants may release all or part of the lands so restricted from any one or more of said restrictions, or may change or modify any one or more of said restrictions, by executing and acknowledging an appropriate agreement or agreements in writing for such purposes and filing the same in the Office of the County Clerk and Recorder of Garfield County, Colorado, at least one year prior to the expiration of any successive ten-year period thereafter. P. SEVERABILITY. Invalidation of any of these covenants or any part thereof by judgment or Court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. Q. LIMITATION OF LIABILITY. The liability hereunder of Declarant shall be limited to the value of the property owned by it in this suh-;v; sign at the ti•..o cf ..,:ch � 3' -t 7 v1Viu�.iV• . -3- 1 R. GOVERNMENTAL REGULATIONS. To the extent that the applicable county or other governmental regulations, rules, codes, ordinances or laws are covenants, wable trestrictivesupersede othese land utilization than these covenants and govern at all times. S. ENFORCEMENT. Enforcement by Declarant, its successors, or assigns, or by any lot owner or owners shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants set forth herein. IN WITNESS WHEREOF, DECLARANT has caused this Declaration of Protective Covenants to be exf ecuted edryy its0its duly y authorized general partner this 14th day e HORIZONS WEST By General Partner -4- GARFIELO SCHOOL DISTROT NO. RE -2 RIFLE, COLORADO Rifle High School Matthew V. Chambers, Principal 625-1596 Forest Davis, Assistant Principal 625-1596 Rifle Junior High School Grant L. Fiedler, Principal 625-1776 Esma Lewis Elementary Lawrence D. McBride, Principal 625-2438 Dariel Clark, Superintendent 625-1595 David R. Crabtree, Assistant Superintendent 625-1595 Lennard D. Eckhardt, Assistant Superi 625-2361 822 East Avenue Rifle, Colorado December 13, 1979 Mr. Ray Baldwin Garfield County Planner 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Mr. Baldwin: SILT, COLORADO Silt Elementary School Roy D. Moore, Principal 876-2363 NEW CASTLE, COLORADO Riverside Junior High School New Castle Elementary George L. Hesse, Principal 984-2372 0E6,11197 • 114 SER Considering the location of the Horizons West Subdivision I think it would be in the district's interest to have land set aside for future use rather than taking money in lieu of land. Since there is quite a large acreage involved in this development the 5% land allocation would provide enough area for a school building. If possible the land allocated for a building site should be near roads and utilities. It would also be desirable for the site to be as level as possible so that playing fields, etc. could be developed without excessive cost. Thank you so much for taking the schools interests into account as you consider the Horizons West Subdivision. mrm Sincerely, ..1 / C< 46 Dariel Clark Superintendent COLORADO • DEPARTMENT OF HEALTH OCT 221979 kut„rdiiL LU.,ll 4210 EAST ,11TH AVENUE • DENVER, COLORADO 80220 • PHONE 320-8333 Frank Traylor, M.D., Executive Director DATE: October 18, 1979 SUBJECT: NON -STATE ASSISTANCE REVIEW AND COMMENTS TO: Mr. Ray Baldwin Planning Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 PROJECT TITLE: Horizons West Subdivision STATE IDENTIFIER: NA COMMENTS: Water Quality Control COMMENTS DUE: October 22, 1979 The Water Quality Control Division has no objections to this proposed subdivision. It is recommended, however, that Garfield County carefully assess applications for septic systems in areas of high groundwater. According to the geology and soils report, high groundwater (depth - 3 feet.) is evident in one of the test bores. In this area alternative and innovative individual sewage disposal wstems should be considered to avoid contamination of groundwater. Air Pollution Control The effect of a single development of this size may be very small on the total air quality level in the area. The cumulative effect of numerous developments of this size is of concern. Activities during the normal construction phase such as earth moving are relatively short in duration and can be effectively controlled by various measures. The same is not true for the ongoing air quality impacts such as reentrainment of dust and dirt from both paved and unpaved roads, direct automobile emissions, and emissions from fireplaces. These emissions added to similar emissions for other developments, coupled with the unique meteorology of mountain communities, may have a considerable air quality impact. This has been seen in a number of areas, including Aspen and Vail. The air quality impacts of a single subdivision cannot be dealt with effectively from the State level. It is local governments who must weigh the cumulative environ- mental impact of growth and development in light of local needs and desires and overall environmental standards. Our concerns for cumulative impacts, especially with respect to auto -related emission continue to grow. / Name, Title Micki Barnes, Program Administrator SOC -3, Jan 79 RICHARD D. LAMM Governor • • DIVISION OF WATER RESOURCES � OCT 1 l Department of Natural Resources et,„ 1313 Sherman Street - Room 818 Q Denver, Colorado 80203 CO. Administration (303) 839-3581 w kio Ground Water (303) 839-3587 W. R. SMITH Acting State Engineer October 10, 1979 Mr. Ray Baldwin, Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Horizons West Dear Mr. Baldwin: This is to acknowledge receipt of preliminary plan material for the above referenced subdivision. The City of Rifle has been designated as the source of domestic water. Unfortunately, our files do not contain informa- tion concerning the water supply available from the City. Since we are unable to provide comments on the water supply, we must ask that this proposal be held in abeyance. ing: We also requesting that the City provide the follow - 1. A summary of water rights owned or controlled by the City. 2. The yield of these rights, especially the Dry Year Yield. 3. The present demand on,the water supply both from a daily and annual basis. This should also include the projected demand based on commitments for service issued by the City. 4. A map of the service area. Since the City is within an area of high potential growth, we feel that we must obtain this information in order to improve our review ability for new developments in the area. The 411 Mr. Ray Baldwin -2- October 10, 1979 information will be used to establish a file for this office only and will allow us to adequately comment on this and future proposals. Very truly yours, :,....i., JAD/GDV:mvf cc: Lee Enewold, Div. Eng. Land Use Comm. the use of review and r. Jeris A. Danielson D putt' State Engineer • • Robert and Dorothy Prrtti., as the fee owner(s) of Horizons West, First Filing, desiring to insure the development and continuity thereof as a rural residential area, hereby declares to and for the benefit of all persons who may hereafter purchase and from time to time own lots in Horizons West, First Filing, that the ownership or holding or said lots shall be subject to the fol- lowing protective covenants and conditions, all of which shall be deemed to be appurtenant to and run with the land. 1. SCOPE. The covenants, conditions and restrictions herein contained shall apply to the whole of Horizons West, First Filing, as the same appears on plat recorded in the office of the Clerk and Recorder of Garfield County, as Document No. 2. LAND USE. The property is intended to be developed for single family residential and agricultural purposes only. No more than one detached single family dwelling shall be placed upon any one building site, excepting such ap- propriate accessory buildings as a guest house, private garage, barn and utility building. Accessory buildings shall blend with and compliment the general archi- tectural scheme and design of the family dwelling. No building or structure intended for or adapted to business, commercial or manufacturing purposes, nor any multiple family dwelling shall be erected, placed, maintained or permitted upon such property. 3. RE -SUBDIVISION. No lot shall ever be resubdivided into smaller lots or tracts, nor be conveyed or encumbered in any size less than the full original dimension. 4. SET -BACK RESTRICTION. The principal building placed on each lot shall be located no nearer than 25 feet to any lot line. 5. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or any other out -buildings of any description shall be used on any lot as a residence, except on a temporary basis, not ex- ceeding 12 months while construction of the dwelling is in process. All con- struction shall be completed within 12 months from date of commencement of con- struction. 6. NO COMMERCIAL USE. There shall not be permitted or maintained upon any lot or any part thereof any trade, business or industry; exccpt that owncra 7. STRUCTURES. No structure shall be placed upon any lot which is, or ever has been, or could be made the subject of a specific ownership tax as now defined in Chapter 13 of the Colorado Revised Statutes, 1963. 8. MINIMUM HOUSE SIZE. The minimum living area size of any house, shall not be less than 1200 square feet measured on the outside walls, exclusive of open porches, garages, or car -ports. • • 9. SEWAGE DISPOSAL. Each residence shall contain fully equipped bathroom and all sewage Ahall by disposed of by means of a septic tank ab'i leach- ing field of such types and specifications as :shall bf; approved by the Colorado State Department of Health. 10. ANi 1ALS. The keeping of animals shall be a11ced according to the ordinances of the City of Rifle, providiA that. ;,aid ,ani.maiare well kept and provided for and do not become a health hazard or uuisa;,ce to the neighborhood and are fenced and do not run at large. 11. OFFENSIVE CONDUCT. No noxious or offensive conduct, or activities shall be carried on upon any lot or in any structure thereon which may constitute a health hazard, nuisance or annoyance to the neighborhood. All lots shall be kept clean and free of rubbish and trash, and the structures thereon shall be kept in good repair. Parking of old automobiles other than those in running condition and currently licensed shall be prohibited. 12. PERIOD OF.COVENANTS. These covenant] are to ruii with the land and shall be binding upon all parties and all persons claiming under them until January 1, 19 Thereafter said covenants shall be automatically extended for successive periods of five years'unless the majority of the then owners of the lots in the subdivision vote to change the same in whole or in part. All such changes shall be evidenced by a written document setting forth such changes, shall be signed by a majority of such lot owners and shall be recorded in the office of the Clerk and Recorder of Garfield County, Colorado. 13. VIOLATIONS. If any lot owner of persons acting by, through or under hire shall violate or attempt to violate any of the covenants herein stated, it shall be lawful for other persons owning lots in said subdivision to prosecute any suit in law or in equity to restrain and enjoin the violation of such cove- nants and to recover damages for such violation and to recover all costs and attorney fees necessary to enforce the provisions of these covenants. 14. INVALIDATION. The invalidation of any one of these covenants by judg- merit or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. DATED THIS DAY OF 19 4 Robert Pretti Dorothy Pretti i • Form 1011 caw. .72 Recorded at /el a'►►11n...gguee•��...�..�iii.L 1 X75 ... AReceptionFI11 RST FARM AND RANCH MORI(; �EReoorder Bou 476 i'AGE 498 The Federal Land Bank of Wichita THIS INDENTURE, Made this 25th day of June ,19 75 ,between Robert E. Pretti and Dorothy.G. Pretti, his wife FIJI Loan Pro. hereinafter called mortgagor, whether one or more, and THE FEDERAL LAND DANK OF WICHITA, Wichita, Kansas, a corporation, organized under the Federal Farm loan Act of 1916, and now operating under the Farm Credit Act of 1971, hereinafter called mortgagee. WITNESSETH: That mortgagor, for and in consideration of the making of a loan as described herein, mortgages to mortgagee all of the following real estate situate in the County of Garfield State of Colorado , to -wit: See Exhibit A i Containing 526.19 acres, more or less, but subject to existing easements, rights of way, and mineral interests or mineral leases owned by third persons under valid reservations or conveyances now of record. Together with all privileges, hereditaments and appurtenances thereunto belonging, or in any wise appertaining. including all water, irrigation and drainage rights of every kind and description, however evidenced or manifested, and all rights of way, apparatus and fixtures belonging to or used in connection therewith. whether owned by mortgagor at the date of this mortgage, or thereafter acquired; also abstracts or other evidence of title to the above described real estate. 1, 2008 ) of a loan of S 440,000.00 This mortgage secures payment, In installments (the last due April with interest, as evidenced by a promissory note of even date herewith. The note states the interest rates applicable to the principal sum, and provides for future changes in such interest rates. Mortgagor hereby covenants and agrees with mortgagee as follows: id real estate; to have good right to se and convey the same; that the fI. To be now ree from all encumbrances; and to warrant and y seized of the fee simple efend the title the eto against the awful claims or demand of all persons whomsoever.same ersonwhomsoever.yme Is 2. To pay when due all payments provided for in the note secured hereby. 3. To pay when due all taxes. liens, judgments, or assessments which may be lawfully assessed or levied against the property herein mortgaged. 4. To insure and keep insured buildings and other improvements now on, or which may hereafter be placed on, said premises, against loss or damage by tire and/or tornado, in companies and amounts satisfactory to mortgagee ony polin cy evagoridencing sucsh insurance ge to be deposited ions with, and loss thereunder to be payable to, mortgagee as its interest may appear. of the Farm Credit Administration, sums so received by mortgagee in ay be ed to pay for of matured debt, orasetxtra f the destroyed on unmatu ed debt. in the if not so applied may, at the option of the mortgagee, be appliedpayment manner provided in the note secured hereby. 5. To use the proceeds from the loan secured hereby solely for the purposes set forth in mortgagor's application for said loan. 6. Not to permit, either wilfully or by neglect, any unreasonable depreciation in the value of said premises or the buildings and improve- ments situate thereon, but to keep the same in good repair at all times; not to remove or permit to be removed from said premises any buildings. to be itted terIimprovements1 operrnitustmthereon; lfexcepting sod' as commit may or suffer necessary for ordinary domestic ptrposes;van Ivmises; not to cut or remove not to permit said real estate to timber in value because of erosion. inwtlicient water supply or for inadequate or improper drainage or irrigation of said land. 7. Mortgagee may, at any time, without notice. release all or any part of the premises described herein, grant extensions and deferments, or release es who agree to and grant renewals and the debt or any pat itsf the thereof.bt or any part without affecting the, priority of tthisnmortgage al orlhc pility ersonny al liabine or lity oore f mortg 5Ir are or may lwwute liable fur the debt or any I :� or any party liable or who may become liable for the payment of the lien hereof. r 1 1 • SOUK 476 FALE 499 This mortgage is subject to the Farm Credit Act of 1971 and all acts amendatory thereof or supplemental (hereto. In the event mortgagor fails to pay when due any taxes, liens, judgments or assessments (awfully assessed against property herein mortgaged, or fails to maintain insurance as hereinbefore provided, mortgagee may make such payments or provide such Insurarwe, and each amount advanced therefor shall become a part of the debt secured hereby but shall be immediately due and shall bear interest from the date of advance to the date of payment as provided in the note secured hereby. Mortgagee shall be the sole judge of the legality, necessity or propriety of making such payments or providing such insurance. Mortgagor hereby transfers, assigns, sets over and conveys to mortgagee all rents, royalties, bonuses and delay moneys that may from time to time become due and payable under any oil and gas or other mineral lease of any kind now existing, or that may hereafter come into existence, covering the above described land, or any portion thereof, and any sums which are now payable, or which at any time in the future may become payable to mortgagor, or successors, in settlement and satisfaction of all claims, injuries, and damages of whatsoever kind, nature or character, growing out of, incident to. or in connection with the production, exploration, drilling, operating or mining fur minerals (Irlclliding, but not limited to oil and gas and related minerals) on the above described real estate, or any portion thereof, and mortgagor agrees to execute, acknowledge and deliver to mortgagee such instruments as mortgagee may now or hereafter require in order to facilitate the payment to it of said rents, royalties, bonuses, delay money.. claims, injuries and damages. All such sums so received by mortgagee shall be applied:.'rst, to the payment of the matured portion of the debt, including interest, and. second, the balance If any as extra payments upon the unmalured poi lion of the debt, in the manner provided in the note secured hereby; or mortgagee may, et its option, turn over and deliver to the then owner of said lands, either in whole or in part, any or all such stuns, without prejudice to it, rights to take and retain any future sum or sums, and without prejudice to any of its other rights under this mortgage. The transfer and conveyaoee hereunder to mortgagee of the aforementioned payments shall be construed to be a provision for the payment or reduction of the debt, subject to mortgagee's option as hereinbefore provided, independent of the mortgage lien on said teal estate. Upon release of the mortgage of record, this conveyance shall become inoperative and of no further force and effect. In the event of foreclosure of this mortgage, nhortgagee shall be entitled to the abstracts or other evidence of title and to have a tin:elver appointed by the court to take possession and control of the premises described herein and collect the rents, issues and profits thereof: the amounts so collected by such receiver to be applied under the direction of the court (0 the payment of any judgment rendered or amount found due under this mortgage. In the event mortgagor defaults with respect to any covenant or condition hereof, then, at the option of mortgagee, the debt secured hereby shall forthwith become due and bear interest as provided for in the above described note and this mortgage shall become subject to foreclosure: Provided, however, mortgagee may at its option and without notice annul any such acceleration but no such annulment shall affect any subsequent breach of the covenants and conditions hereof. In like manner and with like effect, mortgagee at its option may declare the debt immediately due in the event of change of ownership of the security, unless mortgagee has given its written consent to such change, or unless such change is the direct result of death of mortgagor. "Change of ownership" shall be deemed to include voluntary or involuntary transfer of title to the security or any portion thereof or any interest therein, and, If mortgagor is a corporation or other legal entity, any change of entity structure, control, operations or ownership which would render mortgagor ineligible to borrow from mortgagee under regulations of the Farm Credit Administration. In the absence of its written consent, the option of mortgagee to accelerate the debt because of change of ownership shall continue for a period of sixty days after it has received actual notice in writing of such change (regardless of whether such change appears as a matter of public record), and shall then expire. Mortgagor hereby waives notice of election to declare the debt due as herein provided, and also the benefit of all stay, valuation, homestead and appraisement laws. Mortgagor also waives all rights of redemption as to any corporation which becomes a successor or assign of mortgagor, and, if mortgagor is a corporation, waives its own rights of redemption. The covenants and conditions herein contained shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. �,.ilk .cJ Robert E. Pretti st_ ACKNOWLEDGMENT STATE OF 4Q .56 ADO COUNTY OF GARFIELD , ss. The ft:49 g instrument w•4 acknowledged before me this list day of July i hrM01tdbRKt V.... Pretti and Dorothy G. Pretti. l •.••.... riz. , 10 tete My Cammtaaion expires May 31, 1978 My Commission Expires: z 3 FIRST FARM AND RANCH MORTGAGE H THE FEDERAL LAND BANK OF WICHITA Ss .4 0 8 0 ,19 75 .by Notary Public J. bOOK476 PAGE 500 'Parcel I Section 31, Township 5 South, Range 91 West, 6°h P.M. W} NEk SWk; North 225 feet of the 1,415 SEkeSWk; North 225 feet of the Ek SWk SWk Tracts No. `3-9 and 42, being more particularly described as the Et, NWk SWk Section 3,_Township 6 South, Range 92 Westt 6" P.M. SEk NWk and Lot 3; EXCEPT 10,8 acres in the.NEk,S1,k being more particularly described as: beginning at the S 'corner of the NEk SWk, Section 3, township 6 South, Range 92 West, ' thence North along the East boundary of said NEk SWk, Section 3, a distance of 1245 feet, thence South 63° 55' West 325 feet; thence South 37° 0' West 438 feet; thence South 20° 50' West 185 feet; thence 2° 30' East 97 feet; thence South 76° 50' East 171 feet; thence North 81° 0' East 221.5 feet; thence South 11° 10' West 288 feet; thence South 22° 25' East 68 feet; thence South 30° 35' West 154 feet; thence North 90° East 340 feet along the South boundary of said NEk SWk, Section 3, to a point of beginning. Also Tracts 23, 24, 25 and 26 according to Plat.No. 1 of the Antlers Orchard Development Company's land, being otherwise described as the SWk NWk of said Section 3. - Also a tract of land described as beginning at the SE corner of Lot 4, Section 3, Township 6 South, Range 92 West, 6" P.M., thence North 1° 31' West 819 feet; thence South 62° 58' • West 220 feet; thence South 1° 15' West 344 feet; thence South 26° 45' West 160 feet; thence South 49° 15' West 130 feet; thence South 81° 45' West 130 feet; thence North 77° 45' West 160 feet; thence South 19° 45' West 198 feet; thence North 88° 05' East 748.5 feet to the place of beginning. Said tract being in the SE portion of said Lot 4, EXCEPT: a tract of land situated in the Ek SWk of Section 3, Township 6 South, Range 92 West, 6" P.M., more fully described as follows: Beginning at a point whence the NW corner of Lot 20, Block 17 of the Ballard Addition as shown on the map of the town of Silt, Colorado, said map being on record in the office of the Garfield County, Colorado, Clerk and Recorder, bears South 12° 24' West 417.94 ,feet; thence North 29° 17' West 162.35 feet; thence North 16° 21' East" 332.15 feet; thence South 71° 00' East 152.58 feet; thence South 21° 06' West 440.60 feet to the point of beginning, and EXCEPT: a tract of land situated in the El; SWk of Sectioh'3, Township 6 South, Range 92 West, 6°" P.M., more fully described as follows: Beginning at a point whence the NW corner of Lot 20,Block 17 of the Ballard Addition as shown on the map of the Town of Silt, Colorado, said map being on record in the office of the Garfield County, Colorado, Clerk and Recorder, bears South 1° 05' West 549.88 feet; thence North 29° 17' • West 195.65 feet; thence North 21° 06' East 201.73 feet; thence South 71° 00' East 123.10 feet; thence South 16° 21' West 332.15 feet, to the point of beginning, and EXCEPT: Be- ginning at a point on the West fence line of said County Road from which the center of Section 3, bears South 65° 25' East a distance of 622 feet; thence along said fence North 27° East (North 25° and 45' East in road survey) a distance of 442 feet; thence North 79° 15' West a distance of 205 feet; thence South a distance of 433 feet to the point of beginning. Together with 75 shares capital stock in the Farmers Irrigation Company; and together with 0.60 second feet of water allowed to flow in the Cozza Spring Ditch under priority number 153; 0.30 second feet of water allowed to flow in the Cozza Spring Ditch First Enlargement under priority number 157A; 0.10 second feet of water allowed to flow in the Cozza Number Two Ditch under priority number 170; and together with a pro rata interest in the water and water rights of the Silt Conservancy District by reason of the inclusion of the above described land, or a portion thereof, within said district. EXCEPT: A parcel of land situated in the NEkSWk of Section 3, Township 6 South, Range 92 West of the 6" P.M., lying Northerly of the Southerly line of said NEkSWk and Westerly of the Westerly right-of-way line of a county road as constructed and in place, said parcel of land is described as follows: Beginning at a point on the Southerly line of said NEkSWk, said point being on the Westerly right-of-way line of said county road, whence the South- west corner of said Section 3 bears: South 55°59'00" West 2359.40 feet, from said point of beginning the Intersection at North 7" Street and Grand Avenue in the Town of Silt, County of Garfield, State of Colorado, bears: South 01°18'41" East 1312.57 feet, thence South 89'31'32" West along the Southerly line of said NEkSWk, 529.38 feet to a point on the Northerly line of a 20.00 foot road and utility easement; thence 46.36 feet along the arc of a curve to the right having a radius of 105.77 feet, the chord of which bears: North 76°58'06" East 45.99 feet; thence North 89°31'32" East 65.65 feet along the Northerly line of said road and utility easement; thence North 07°24'02" East 177.75 feet; thence North 89°46'40" East 101.55 feet; thence South 54°27'41" East 173.50 feet; thence South.l9°17'24" East 77.77 feet to a point on the Northerly line of said road and utility'easement; thence North 89°31'32" East along the Northerly line of said road and utility easement, 127.56 feet to a point on the Westerly right-of-way line of said county road; thence South 00°13'20' East along the Westerly right-of-way line of said county road, 10.00 feet to a point on the Southerly line of said NEkSWk, the point of beginning. Parcel II The NWk SWk, Sty SWk and SW! NWk of Section 2; the SEk NEk and the E1 SEk of Section 3, Township 6 -So th;-Range 93-Wesc, 6°" P.M. I" Together with 2.2 second feet of water allowed Enlargement under priority number 80. fq r1r�a_ to flow in the Rifle Creek Canon Ditch Second e . LO )1)54.4 261779 WARRANTY DEED 1 A r FE 1131974 KNOW ALL MEN BY THESE PRESENTS, that J. GENTRY of the County of Garfield and State of Colorado, for the consideration of Ten Dollars and other valuable considerations, in hand paid, hereby sells and conveys to RIFLE LIVESTOCK, INC., a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, the following real property situate in the County of Garfield and State of Colorado, to -wit: PARCEL I: The NW:SW;, S1/2SW4 and SWANW1/4 of Section 2; the SEINE; and the E'iSE: of Section 3, T. 6 S., R. 93 W. of the 6th P.M., together with all ditch and water rights appertaining to or used in connection with the above described premises. PARCEL II: The S1/2N'W4NE e, Section 10, T. 6 S., R. 93 W. of the 6th P.M., together with 3/10ths of a cubic foot of water per second of time out of and from Priority No. 80 in the decrees of the District Court, connected with the Rifle Creek Canyon Ditch, in Garfield County, Colorado. EXCEPT the following: Beginning at a point on a fence whence the Quarter Corner common to Sections 9 and 10 bears S. 55°36'50" W. 3183.59 feet; thence N. 86°10'00" E. 99.64 feet; thence S. 05°10'00" E. 193.46 feet; thence S. 85°50'30" W. 99.44 feet; thence S. 00°44'24" E. 262.89 feet to a point on the Northerly right-of-way line of a road now existing and in place; thence N. 88°39'19" W. 14.45 feet along the Northerly right-of-way line of said road to a point on said fence; thence N. 00°49'54" W. 455.8r0 feet along said fence to the point of beginning. PARCEL III: The NEoNWa of Section 10, T. 6 S., R.. 93 W. of the 6th P.M. Together with all ditch rights and water rights connected with the above land including an undivided interest in and to the Rifle Creek Canyon Ditch No. 5 in Water District No. 39, also 0.8 cubic feet of water per second of time out of Priority No. 80 from Rifle Creek through said ditch, and all of grantor's interest in and to Lieban Waste Water Ditch and water adjudicated thereto and all ditch and water rights appurtenant to or used in connection with the above described land. EXCEPT a parcel of land situated in the NE'NW4 of Sec. 10, T. 6 S., R. 93 W. of the 6th P.M. lying Northerly of the Northerly right-of-way line of a county road as constructed and in place and Easterly of the Easterly right-of-way line of a county road as constructed and in place, said parcel of land is described a� follows: Beginning at a point on the Easterly right-of-way line of said county road whence the ; Corner common to Sections 9 and 1Q in said Township and Range bears: S. 40°33'34" W. 2034.96 feet; thence N. 00°38'12" W. 208.71 feet along the Easterly right-of-waV of said County road; thence N. 89°58'32" E. 834.90 feet; thence S. 00°38'12" E. 417.42 feet to a point on the Northerly right-of-way line of said County road; thence S. 89•°58'32" W. 834.90 feet along the Northerly right-of-way line of said County road; thence N. 00°38'12" W. 208.71 feet along the Easterly right-of-way line of said Countyroad to the point of beginning. 1 eoo� 4ri5 FA(,E 525 Together with 16/100ths of a cubic foot of water per second of time out of Priority No.. 80 as adjudicated the e Rrifle e Creek Canyon Ditch No. 5, together -with a p perttont through said ditch for the carriage of water. ALSO EXCEPT a tract of land situated in the NEANW1/4 of Sec. 10, T. 6 S., R. 93 W. of the 6th P.M. in Garfield County, Colorado, and being more particularly, described as follows: Beginning at a point on the Northerly right-of-way fence of the present County Road, whence the West 4 corner of said Section 10 bears S. 61°12' W. 2769.96 feet; thence N. 0°39' W. 208.71e feet; f thence g lane; 89°44' E. 208.71 feet to the Westerly fence fence of said lane 20l.1 thence S. 0°39' E. along the Westerly feet to its intersection with the Northerly fence of said County of nal Road; thence S. 89°44' W. 208.71 feet along Nthe ortherly a ffence said County Road to the point of beginning, th er second more or less. Also, 2/100ths of a cubic water Rfle Creek pof time out of Priority No. 80 as adjudicated to theife a Canyon Ditch- No. 5 in Water District No. 39, together proportionate right through said ditch for the carriage of the water. PARCEL IV: The SWC SES and the SE4SW1/4 of Section 3, and the N1/2NWIINE1/4 of Section 10, all in T. 6 S., R. 93 W. of th�o6th P..,together with all ditch and water rights belonging igncluding aan undivided d in connection with the above described land, ng 5/56 interest in and to the Rifle Creek Canyong Ditch No. 5,f in Water District 39 and 1 7/8 cubic feet of water perisecond ro.fht. time from Rifle Creek through said ditch out of the P ioritycrig EXCEPT a strip of land 20 feet wide and 88 rods long, at a stone marked 401 which divides the S1 from the N1 of the NWhNE4, Section 10 and running West 24 feet to stone; thence North 88 rods; thence East 20 feet to stone; thence South 88 rods to the place of beginning, all in. T. 6 S., R. 93 W. of the 6th P.M. There is excepted from all of the above described property all prior mineral reservations and reservations of rights thereunder euunder which now appear of public record. 'Dere is also excepted all easements and rights of way which now appear of public record. There is reserved by grantor herein all oil, gas and other minerals not heretofore reserved. with all its appurtenances, and warrant the title oith19samewhich subject to taxes for the year 1974, due and payable the grantee herein assumes and agrees to pay. Signed and delivered this 13th day of February, 1974. STATE OF COLORADO COUNTY OF GARFIELD The foregoing instrument was acknowledged before me -"this 13th day of February, 1974, by J. GENTRY. My commission expires: My Commission expires June 1. 1374 WITNESS my hand and official seal. ss. , GE -2- NOTARY PUBLIC Recorded at Reception No. ••fJ o'clock. P.. M.. 268552 J UL 2 1 1975 176 4 9 i Recorder, THIS DEED, Made this 21st day of July , 1975 between RIFLE LIVESTOCK, INC. a corporation duly organized and existing under and by virtue of the laws of the State of Colorado if the first part, and ROBERT E. PRETTI and DOROTHY G. PRETTI of the County of Garfield FILING STAMP JUL 211975 STATE 80C11101ART FEE and State of Colorado, of the second part: WITNESSETH: That the said party of the first part, for and in con- siderationefthesum Ten Dollars and other valuable considerations azxxAutx to it io hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm untr, the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assign, and the heirs and assigns of such survivor forayer, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit. The NW1/4SW4, S1/2SW1/4 and SW1/4NW1/4 of Section 2; the SF4NF4: and the E1/2SE4 of Section 3, ''. 6 S., P. 43 W. of the 6th P.M., together with all ditch and water rights appertaining to or used in connection with the a.ovo described premises. I.11.IC•111hitt with all and singular the hereditaments and appurtenance if•r.•dr.to Y„•tons u,r. or in ;uirt, ;. •rta r•ulr. :: ;d tl reversion and reversions, ,remainder and remainder,rcr;t>. i sue. and profit- tk,'re,•t • :ul :,” :,'_, u•i.. 11(1, , ;nt.,•re-,t, claim and remand whatsoever of the said party of the first part. • itiu•r n. law n, and t,, ti argain premises, with the hcrnditat►tents and appurtenances. TO 11.t1 F A\11 I11 11111,1) the said premises above bargaintrd and described, with the appurtennis• unto ti., •Lid par:ie- of the see„i d part, the survivor of them, their asaigtls, and the heirs and assigns of such-urvivor for ever. And he said party of the first part, for itself, its successors and assign,, does covenant, grant, burt:Liu and agree to a d with the said parties of the second part, the survivor of them, their assigns and the heirs and **signs ,f such au vivor, that at the time of the enaealing and delivery of these presents, it in well seized of the premitses above conv:ycd, as of good, sure, perfect, absolute and indefeaaihle estate of inheritance, in law, in fee simple, and has good r ght, full power and lawful authority to grant, bargaitr, sell and convey the same in manner and furcal afarre•said, nd thnt the same are free and clear from all former and other grants, bargains. sales, liens, taxes, a• sessments nd encumbrances of whatever kind or nature never. nod the ab,ve bargained premises, in the Quiet and peaceable si 'ssion of the =aid partit-K of the :e• •11,1 plc I. survivor of therm, their assigns and the heirs and assigns of•sueh survivor, against all told every person or pers. lawful+ li1'ming or to claim the whole or any part thereof, the said party of the first part shall and will WARRA'o: : A k'D V6111343 R DEFEND. ;,' .•iN�"%%1P1j1� WHEREOF, The said party of the first part has caused its corporate name to be hereunto sub. • ,,wink Its %. �O President and its corporate seal to be hereunto affixed, attested by t, .r �` E: :10•ritary, the day and year fir:l. above Nritten, 1 ti• RIFLE LIVESTOCK, INC. --4." yTA'1'F: OF COLORADO, itis. 1,1K3 .j•ity„f Garfield J' 4 ., ,"4,. :nstrurnent was asknoaledged before me thi; 21St ,lay of July .T• Y•4 :rt, E. Prctti • as Pre�id.•nt w - .f? i.'•� . Pretti as ti,•c,t•t:Ir:. • ` • Livestock, Inc. ,, ,t V % t '^ Ms rarruniaskin estates Mar girt l My notarial commission expires • Witness my hand and official seal. . • '1°2 . WARRANTY nF r 1) Fr„m 1-orporatlon In Joint Tenant. arodfnrd Publishing Co 15224-48 Stout Street Deaver. BLOCK A • • SHALE COUNTRY SURVEYING Midford L. Coolbaugh L.S. 10871 Suite 2, 109 E. Third St. Rifle, Colorado 81650 Ph. 625-3158 HORIZONS WEST PERCOLATION TEST RESULTS BLOCK C BLOCK E Lot In./Hr Lot In./Kr Lot In./Hr 1 1.02-(�,) ' ' " sa - ' `", 1 2.04 __ i 1 1.98 D 2 l.l0;°, a i, � sy W 2 0.85 7 D 2 7.55 b, 3 0.47., 9 ,"1z7 ' ;� ' 3 3.60 3 2.35 �G 4 1.83,(,, 1 i', 32 4 0.48 ,-5 4 6.04 0 5 9.12 (c r., ; ' 5 1.62 . 7 5 4.01 6 6.33 ,,, :, „� ,,, 6 11.13 5, 6 3.39 1/ 7 5.49 ," in ,l rylJil 7 9.41 . 7 6.09 'o 8 0.94.' w ,r, 4,-6,,,,- 8 1.11 y 8 4.80 9 1.82 33,,n‘ r 9 1.41 1,-/E._ 9 2.91 =o 10 4.24n�, 10 1.34 is 11 0.93n ` i m , 7' =LOCK D 11 4.12 4/ 12 2.87 �/ BLOCK 3 1 7.64 3 13 3.56 ' 2 1.83 14 5.23%/ 1 1.55 38 3 2.02 15 8.43 2 0.99 . o 4 6.00 16 3.74 1G 3 0.95 �3 5 11.62 17 3.78 4 2.09 20 6 13.92 18 5.52 ,; 7 5.04 19 7.13 8 6.95 20 6.42a 21 7.86 7 22 8.39 BLOCK A Lot In./Hr 1 1.02 2 1.10 3 0.47 4 1.83 5 9.12 6 6.33 7 5.49 8 0.94 9 1.82 10 4.24 11 0.93 BLOCK B 1 1.55 2 0.99 3 0.95 4 2.09 • • SHALE COUNTRY SURVEYING Midford L. Coolbaugh L.S. 10871 Suite 2, 109 E. Third St. Rifle, Colorado 81650 Ph. 625-3158 HORIZON PERCOLATI0N TEST RESULLJ BLOCK C Lot 114/1I1 1 2.04 2 0.85 3 3.60 4 0.48 5 1.62 6 11.13 7 9.41 8 1.11 9 1.41 BLOCK D 1 7.64 2 1.83 3 2.02 4 6.00 5 11.62 6 13.92 7 5.04 8 6.95 FLOCK Lot In. /Hr 1 1.98 2 7.55 3 2.35 4 6.04 5 4.01 6 3.39 7 6.09 8 4.80 9 2.91 10 1.34 11 4.12 12 2.87 13 3.56 14 5.23 15 8.43 16 3.74 17 3.78 18 5.52 19 7.13 20 6.42 21 7.86 22 8.39 GOV iCnION CO. J. feu 1240 01501 Phone 242-3380 ,fly 1X) ____ "i,1 ry Dean Name of Firm, Co. or Person c/o Four Seasons Realty_ re 4 PINEEWAY EAST Grand Junction, Colorado DATE October 24a�� 979 PROPOSAL - PROI ECT Horizon West Subdivision Rifle, CO Location Box or Street Rifle= CO 81650 City (I State We propose to furnish all labor, equipment, and materials to complete the following portions of work on the above named pmt: As described below Description of Work Wolk to be performed as per plans and specifications, including the general conditions of said specification, and addendum thereto, as prepared by This proposal includes or excludes Shale Country Surveying h addition to the above, the following: To'.construct approximately 6,253 L.F. of 26' gabbing, roadway excavation and embankment bituminous paving - 2" thick, prime coat on includes no removal of trees along 1300 L.F wide paved roadway,including clearing and construction, 3/4" base' material - 6" thick, base and pipe drainage structures. Price . subdivision access road. _,Prices good through 1980 construction season. 'IT DSCRIPTION 1Construct 26' paved roadway 2.', 30" Drainage Pipe 3 18" Drainage Pipe UNIT' L.F. L.F. L.F. EST. QUANTITY URIT PRICE 6253 $ 17.55 80 d $ 32.00 160 $ 27.00 Paylen to be made on measured. quantity of work done, at contract unit price. , 'All for the sum of Unit Prices kdadizedi arfliCOble taxes and insurance. (Lump sum or Unit Prices)] is ecce ted. Theigned agrees to hold the above pnce or pnces for a nod of 15 days f u� pc rom bid date, and, if the prof p to enter into a contract with the owner or contractor. The undersigned further agrees, if required by the owner or contractor, to forint to said owner or contractor a performance bond and will guarantee the payment of all labor and material bills in connection - with -the wsecution of the work covered in the contract. The bond is to he written by a surety company acceptable to the owner or contractor. Premium for said bond shall be paid by the owner or contractor. • This work, if accepted, will proceed under the direction of the Construction Superintendent or owner and definite shipping or installation dates will be arranged with him. This Proposal includes all items quoted above. No individual item, or part thereof, can be . deleted without prior approval of Corn Construction Co. CORN CONSTRUCTION CO. EST. AMOUNT loco 9ss1.z4 $1.09-,740.1-t- $ 1 ,740.t$ 4,4;6o -row( 7l ° $ -4 320 1 2 VC ; 1/v • 96S.-6 Mari -in -Appel, engineer ACCEPTANCE OF PROPOSAL Ws hereby accept your above proposal. Work performed during one month shall be paid for by the 10th day of the following month. and final payment will be made within 30 days after receiving final invoice, following fulfillment of contract to the satisfac- . tion of the Construction Superintendent, Architect, or Owner. unless otherwise stated below. If not paid as due, a LATE PAYMENT - CHARGE shall be charged ata RATE of 11% per month or an ANNUAL PERCENTAGE RATE of 18% an the previous unpaid Signed By i Title • Name of Firm. Co or Person • orgy( Mr. Gary Dean 109 East 3rd Street Rifle, CO 81650 Dear Mr. Dean: f rittEd May 8, 1979 I am writing this letter at your request to confirm that the Pretti Ranch development concept has been generally approved by both the Rifle Planning Commission and City Council. If the final plan meets their approval, they indicated their willingness to extend city water service to the subdivision. The Planning Commission vote was six in favor, one opposed and one absten- tion. The City Council vote was six in favor and one opposed. Any city water line that might be extended would be private, but built to City of Rifle specifications and developed according to their regulations, as the area may be annexed to Rifle in the near future. If you should have any questions, feel free to contact me. LDM/vr 337 East Avenue Sincerely, y Lee D. Merkel Planning Director P.O. Box 1908 Phone 625 - 2121 -oma,&HOME OF "OIL SHALE" U.S.A. Rifle, Colorado 81650