HomeMy WebLinkAbout8 RFPreserve CC&Rs first amendmenti iniii 11111 1111111 1111 11111 11111 111111111 11111 1111 1111
703981 08/08/2006 03:59P B1830 P102 M ALSDORF
1 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
FIRST AMENDMENT TO THE RESTATED DECLARATION OF COVENANTS,
CONDITINS, RESTRICTINS AND EASEMETNS FOR ROARING FORK PRESERVE
SUBDIVISION
THIS FIRST AMEMENDMENT is made thio day of h.../ ', 2006 by owners of lots in the
Roaring Fork Preserve Subdivision, Garfield County, Colorado (the "Owners").
WHEREAS, Declaration of Covenants, Conditions, Restrictions and Easements for Roaring Fork
Preserve Subdivision (the "Declaration") was recorded May 31, 2002 in Book 1359 at Page 128
as Reception No. 604486 of the Garfield County real estate records;
WHEREAS, the required number of Owners, and first mortgage holders, as set forth in 12.6 of
the Declaration, have consented to this First Amendment.
NOTW THEREFORE, the Declaration is hereby amended as follows:
1. The first full sentence of Section 7.3 of the Declaration is hereby amended as follows:
Subject to governmental regulations, no buildings shall be placed, erected,
altered or permitted to remain on any Lot other than one (1) building containing a
single family dwelling, one (1) attached or detached garage, and one (1) other
non-residential outbuilding other than as garage not exceeding four thousand five
hundred (4,500) square feet.
2. The third full sentence of Section 7.3 of the Declaration is hereby amended as follows:
All buildings shall be located wholly within the building envelope(s) designated
for a Lot as depicted on the Plat, except that a barn may be located outside of the
building envelope(s) if such location is approved by Garfield County, the
Association, and by any neighboring lot owner that might be adversely impacted
by such barn location.
3. Section 8.8 of the Declaration is hereby amended, in its entirety, as follows:
8.8 Horses. Up to three (3) horses may be kept on Lots 3 and 4,and up to five
(5) horses may be kept on Lots 5 through 9, subject to these Covenants and rules
established from time to time to time by the Association. The lot owner of any
lot with horses shall be solely responsible for keeping the horse(s) on the Lot
Owner's Lot and for any damage or injury caused by said horse(s) if off of said
Lot. Horses shall be kept in accordance the guidelines of the Colorado
Extension Office, set forth in its publication entitled "Pasture Management For
Horses on Small Acreage".
4. The second sentence in Section 7.8 of the Declaration is hereby amended as follows:
Horses permitted on any Lot under section 8.8 of this Declaration may be
watered using well water, if allowed by the permit, or ditch water allocated to
the Lot.
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703981 08/08/2006 03:59P 61830 P103 M ALSDORF
2 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
5. The following sentence is hereby added to the end of Section 7.15 of the Declaration:
The of forty-two inch height limitation, and restriction on number of fence
rails set forth in this section shall not apply to fences for horses,
6. The following sentence is hereby added to the end of Section 7.17 of the Declaration:
Wood fencing containing horses shall not exceed four (4) feet in height, and
shall not have more than three (3) horizontal poles.
This First Amendment may be executed in multiple counterparts, which, when recorded together,
shall constitute one instrument.
Signed by the following lot owners, to be effective as of the date set forth above.
LOTS 1 and 2:
JONATHAN C. WHITTMAN REVOCABLE TRUST
By:
, Trustee
LOT 3:
William L. Hutton
LOTS 4, 5, 6,7and 8:
GENERAL PROPRTY MORTGAGE, INC.
i er, Secretary and
authorized signatory
LOT 9:
DAVID A. MULKERY FAMILY LIMITED PARTNERSHIP
BY:
, General Partner
MORTGAGE HOLDER (LOT 9):
Michael B. Gerbaz
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703981 08/08/2006 03:59P B1830 P104 M ALSDORF
3 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
STATE OF
COUNTY OF
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The foregoing instrument was acknowledged before me this day of , 2006 by
, as Trustee of the Jonathan C. Whitman Revocable Trust.
Witness my Hand and Official Seal.
My commission expires:
STATE OF
COUNTY OF
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Notary Public
The foregoing instrument was acknowledged before me this day of , 2006 by
William L. Hutton.
Witness my Hand and Official Seal.
My commission expires:
Notary Public
The foregoing instrument was acknowledged before me this
Fisher, as Secretary and authorized signatory for General Prope
Witness my Hand and Official Seal.
My commission expires:
Ay Commission Expires 02/21/2010
STATE OF
COUNTY OF
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day of—Taki.,2006 by Jay
Mortgage, Inc.
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Public
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The foregoing instrument was acknowledged before me this day of , 2006 by
, as general partner of the David A. Mulkery Limited Partnership.
Witness my Hand and Official Seal.
My commission expires:
Notary Public
JUN -30--2006 10:23 AM DAVYDMULKEY
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703981 08/08/2006 03:59P B1830 P105 M ALO
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of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
STATE OF
COUNTY OF
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702 734 0984
The foregoing instrument was acknowledged before me this day of , 2006 by
as Trustee of the Jonathan C. Whitman Revocable Trust.
Wimess my Hand and Official Seal.
My commission expires:
STATE OF
COUNTY OF
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)
Notary Public
The foregoing instrument was acknowledged before me this
William L. Hutton.
Witness my Hand and Official Seal.
My commission expires:
of , 2006 by
Notary Public
STATE OF )
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COUNTY OF )
The foregoing instrunnent was acknowledged before me this day of , 2006 by Jay
Fisher, as Secretary and authorized signatory for General Property Mortgage, Inc,
Witness my Hand and Official Seal.
My commission expires:
STATE OF
COUNTY OF
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Notary Public
Theoregping trument was acknowledged before me thi9"1 day o€.
.mI i , as general partner of the David A. Mulkey Limited
Witness my Hand and 01011
My commission expires: L.X.A
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F ,.. TIFFANY t., DARLING
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4: Male of Noyada
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My APP. ExPtrsa Ootablr 04, 2008
Notary Public
, 2006 by
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07/06/2006 10:30 FAX 9728190020
MED SYNERG IES
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703981 08/08/2006 03:59P 81830 P106 M ALSDORF
5 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
STATE OF
COUNTY OF
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)
The foregoing instrument was acknowledged before me this day of , 2006 by
as Trustee of the Jonathan C. Whitman Revocable Trust.
Witness my Hand and Official Seal.
My commission expires:
STATE OF )
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COUNTY OF )
Notary Public
tAWANDA W. STEWAR't
414 Notary Public, Stale of Taxes
. • +) My Commission Expires
441740
January 16, 2008
The foregoing instrument was acknowledged before me thisy'0 day of
William L. utt n. p
Witness my Hand and Official Seal.
My commission expires: / 46)-04
STATE OF
COUNTY OF
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, 2006 by
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Mary Public
The foregoing instrument was acknowledged before me this day of , 2006 by Jay
Fisher, as Secretary and authorized signatory for General Property Mortgage, Inc.
Witness my Hand and Official Seal.
My commission expires:
STATE OF
COUNTY OF
)
)
)
Notary Public
The foregoing instrument was acknowledged before me this day of , 2006 by
, as general partner ofthe David A. Mulkery Limited Partnership.
Witness my Hand and Official Seal.
My commission expires:
Notary Public
a002
07/06/2006 10:30 FAX 9728190020
MEDSYNERGIES
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703981 08/08/2006 03:59P 61830 P107 M ALSDORF
6 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
5. The following sentence is hereby added to the end of Section 7.15 of the Declaration:
The of forty-two inch height limitation, and restriction on number of fence
rails set forth in this section shall not apply to fences for horses,
6. The following sentence is hereby added to the end of Section 7.17 of the Declaration:
Wood fencing containing horses shall not exceed four (4) feet in height, and
shall not have more than three (3) horizontal poles.
This First Amendment may be executed in multiple counterparts, which, when recorded together,
shall constitute one instrument.
Signed by the following lot owners, to be effective as of the date set forth above.
LOTS 1 and 2:
JONATHAN C. WHITTMAN REVOCABLE TRUST
By:
, Trustee
LOT 3:
CTS
William L. Hutton
LOTS 4, 5, 6, 7 and 8:
GENERAL PROPRTY MORTGAGE, INC.
BY:
Jay Fisher, Secretary and
authorized signatory
LOT 9:
DAVID A. MULKERY FAMILY LIMITED PARTNERSHIP
BY:
, General Partner
MORTGAGE HOLDER (LOT 9):
Michael B. Gerbaz
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