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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.15.2004PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT(S) REPRESENTATIVE LOCATION ZONING BOCC —11/15/04 FJ Amended Plat (Continued Public Hearing) Harlan McElroy Terry Kirk Lots 5, 6, 19, and 20, Block 11 of the Travelers Highlands Subdivision, Situated in Section 28, Township 7 South, Range 96 West of the 66 PM, Garfield County, Colorado Commercial Limited (CL) SURROUNDING ZONING ARRD L DESCRIPTION OF THE PROPOSAL The purpose of the proposal is to vacate the lot lines between the four adjacent lots having 5,000 sq. ft. each to create one 20,000 sq. ft. lot. The lots are located in Block 11 of the Travelers Highlands Subdivision which is a subdivision approved in 1962. It is located west of Parachute between I-70 and the Colorado River. Public access to the property is State Highway 6 & 24. II. BACKGROUND On Monday September 13, 2004, the Board opened and continued this matter to October 11, 2004 so that the County could further investigate issues related to the nature of the roads within the Traveler's Highland Subdivision. No further progress was made at that hearing which the Board then continued again until today. The Applicant indicated he would work with the majority owners of Travelers Highlands to determine how proper legal access could occur. The only new information provided by the Applicant in response to the issue of public access for all is a Title Commitment which states that the exception in the commitment is not an exception for lack of access to the lots; rather, it is an exception for burdens on the lots themselves. Further, the three "ancient" subdivisions referred to in said letter do not compare factually with Travelers Highlands. (See attached). III. REGULATORY AUTHORITY Section 6:10 of the Subdivision regulations states that an amendment may be made to a recorded plat, if such amendment does not 1) increase the number of subdivision lots or dwelling units, or 2) result in the major relocation of a road or add new roads. This request will not increase the number of subdivision lots or dwelling units and will not result in the major relocation of a road or add new roads. Based on this information, Staff finds these standards are met. 71) /!•�c - d /1, 5 Z Amended Plat BOCC-11/15/04 Page 2 However, because this amended plat request will relocate property lines between more than two properties, it is required to meet certain additional criteria. The Board shall not approve an amended plat request unless the Applicant has satisfied the following criteria, namely: (B) All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. 4 "° j PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT(S) REPRESENTATIVE LOCATION ZONING BOCC --10/11/04 FJ Amended Plat (Continued Public Hearing) Harlan McElroy Terry Kirk Lots 5, 6, 19, and 20, Block 11 of the Travelers Highlands Subdivision, Situated in Section 28, Township 7 South, Range 96 West of the 6* PM, Garfield County, Colorado Commercial Limited (CL) SURROUNDING ZONING ARRD L BACKGROUND On Monday September 13, 2004, the Board opened and continued this matter to October 11, 2004 so that the County could further investigate issues related to the nature of the roads within the Traveler's Highland Subdivision. The County Attorney's office will discuss this issue with the Board as it is a separate issue unrelated to this plat amendment request. II. DESCRIPTION OF THE PROPOSAL The purpose of the proposal is to vacate the lot lines between the four adjacent lots having 5,000 sq. ft. each to create one 20,000 sq. ft. lot. The lots are located in Block 11 of the Travelers Highlands Subdivision which is a subdivision approved in 1962. It is located west of Parachute between I-70 and the Colorado River. Public access to the property is State Highway 6 & 24. III. . REGULATORY AUTHORITY Section 6:10 of the Subdivision regulations states that an amendment may be made to a recorded plat, if such amendment does not 1) increase the number of subdivision lots or dwelling units, or 2) result in the major relocation of a road or add new roads. This request will not increase the number of subdivision lots or dwelling units and will not result in the major relocation of a road or add new roads. Based on this information, Staff finds these standards are met. However, because this amended plat request will relocate property lines between more than two properties, it is required to meet certain additional criteria. The Board shall not approve an amended plat request unless the Applicant has satisfied the following criteria. (The criteria are listed in bold followed by a Staff Response.) GIS✓ 6"1-1-/ g Amended Plat BOCC— 09/13/04 Page 2 A. All Garfield County zoning requirements will be met. Staff Response The Applicant proposes to construct a single -story metal shop building on the combined lots (See Exhibit 11) for business purposes. The proposal will actually result in rendering the lot from a non- conforming size to a conforming size of a minimum of 7,500 sq. ft. The Applicant shall me made aware that the following zoning requirements as outlined in Section 3.07 shall apply to development on the resulting lot: 1) Maximum Lot Coverage: Seventy-five percent (75%), except for commercial uses which shall be eighty-five percent (85%); 2) The County Commissioners may require adequate screening of all parking and roadway areas in commercial uses from adjoining residential uses and public streets. A maximum of ten percent (10%) of the total parking and roadways areas may be required to be devoted exclusively to landscaping of trees, shrubs, and ground cover to reduce visual impacts; 3) Minimum Front Yard Setback: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets; fifty (50) feet from centerline or twenty-five (25) feet from front lot line, whichever is greater; Minimum Rear Yard Setback: Twenty-five (25) feet from rear lot line for lot occupied by residential uses; seven and one-half (7.5) feet for lots with no residential occupancy; 5) Minimum Side Yard Setback: Ten (10) feet from side lot line or one-half (1/2) the height of the principal building, whichever is greater; 6) Maximum Height of Buildings: Twenty-five (25) feet; and 7) Maximum Floor Area Ratio (FAR): 0.50/1.0 and as further provided under Supplementary Regulations which results in a maximum FAR for the resulting property of 10,000 sq. ft. B. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. Staff Response Travelers Highlands Subdivision has public access from State Highway 6 & 24 and the subject lots within the subdivision have public access from both "Scarrow and Walker Ayenues".as shown on the Amended Plat BOCC -- 09/13/04 Page 3 site plan. Exhibit H clearly shows the proposed driveway onto the property from Scarrow Avenue. C. Provision has been made for an adequate source of water in terms of legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Staff Response Lot 5 of the subdivision has an approved well permit (#258441) for commercial business use. This well has been drilled and tested on August 3, 2004 revealing a production rate of 15 gallons per minute over a 1 hour period. As the Board is aware, the typical well test the Board routinely accepts as proof that there is an adequate physical water supply includes the following (Section 8:42(D) of the Subdivision Regulations) stating that prior to the signing of a plat, all physical water supplies shall demonstrate the following: (I) That a four (4) hour pump test be performed on the well to be used; (2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; (3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; (4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; (5) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per clay; (6) If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; (7) The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. As a result; it appears the test provided by the Applicant does not meet the generally accepted requirements by the Board. Wastewater Regarding, wastewater, no specific information was provided as to the method of wastewater disposal; however, the Applicant has applied for an Individual Septic Disposal System permit Amended Plat BOCC — 09/13/04 Page 4 for the proposed shop building to be constructed on the newly formed lot. The Applicant shall be aware that this, system can only serve as a disposal system for "domestic" waste such as water from a bathroom and cannot be used for disposal of any toxic chemicals. Domestic waste shall be that waste as approved by the Colorado Department of Public Health and Environment. D. All state and local environmental health and safety requirements have been met or are in the process of being met. Staff Response There do not appear to be any applicable environmental health and safety requirements that need to be met outside of the fact that the Applicant will be required to obtain a septic permit as part of the building permit application for construction on the combined lots. This permit may be obtained from the Building and Planning Department. E. Provision has been made for any required road or storm drainage improvements. Staff Response It does not appear that any improvements are necessary as a result of the consolidation of the lots. F. Fire protection has been approved by the appropriate fire district. Staff Response The Applicant consulted with the Grand Valley Fire Protection District who provided a letter in the application stating the Applicant (Terry Kirk, in this case) agreed to place a 2,500 -gallon water cistern on the property for fire fighting purposes. This cistern could consist of two 1,250 -gallon tanks piped together which is acceptable to the District. This water shall not be used for domestic purposes. G. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. Staff Response It does not appear that any easements are necessary as a result of the consolidation of the lots. H. School fees, taxes and special assessments have been paid. Staff Response There no requirements to pay any school, tax, or special assessments. Amended Plat BOCC — 09/13/04 Page 5 IV. STAFF RECOMMENDATION The Applicant has provided all required documentation and has satisfied the applicable standards for a plat amendment. Therefore, recommends that the Board of County Commissioners, pursuant to Section 6:10 of the Subdivision Regulations of 1984, as amended, approve this amended plat request with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the meeting before the Board, shall be considered conditions of approval. 2. The Applicant shall provide the result of a well pump test that satisfies the following standards: A. That a four (4) hour pump test be performed on the well to be used; B. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; C. The results of the four (4) hour pump test indicating the pumping rate ingallons per minute and information showing drawdown and recharge; D. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; E. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; F. If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; G. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 3. The Applicant shall place a 2,500 -gallon water cistern on the property for fire fighting purposes. This cistern may consist of two 1,250 -gallon tanks piped together. This water shall not be used for domestic purposes. 4. The Applicant shall obtain a septic permit from the County Building and Planning Department whose use shall meet the requirements of the Colorado Department of Public Health and Environment. Amended Plat BOCC - 09/13/04 Page 6 5. Within 90 days of approval, the Amended Final Plat shall be reviewed (paper copy), then signed and dated. (mylar copy) by the County Surveyor, than signed and dated by the Chairman of the Board and recorded in the Clerk and Recorder's Office of Garfield County. The Amended Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include, at a minimum, the information outlined in Section 5:22 of the Garfield County Subdivision Regulations. PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT(S) REPRESENTATIVE LOCATION ZONING BOCC — 09/13/04 FJ Amended Plat (Public Hearing) Harlan McElroy Terry Kirk Lots 5, 6, 19, and 20, Block 11 of the Travelers Highlands Subdivision, Situated in Section 28, Township 7 South, Range 96 West of the 61' PM, Garfield County, Colorado Commercial Limited (CL) SURROUNDING ZONING ARRD I. DESCRIPTION OF THE PROPOSAL The purpose of the proposal is to vacate the lot lines between the four adjacent lots having 5,000 sq. ft. each to create one 20,000 sq. ft. lot. The lots are located in Block 11 of the Travelers Highlands Subdivision which is a subdivision approved in 1962. It is located west of Parachute between I-70 and the Colorado River. Public access to the property is State Highway 6 & 24. II. REGULATORY AUTHORITY Section 6:10 of the Subdivision regulations states that an amendment may be made to a recorded plat, if such amendment does not 1) increase the number of subdivision lots or dwelling units, or 2) result in the major relocation of a road or add new roads. This request will not increase the number of subdivision lots or dwelling units and will not result in the major relocation of a road or add new roads. Based on this information, Staff finds these standards are met. However, because this amended plat request will relocate property lines between more than two properties, it is required to meet certain additional criteria. The Board shall not approve an amended plat request unless the Applicant has satisfied the following criteria. (The criteria are listed in bold followed by a Staff Response.) A. All Garfield County zoning requirements will be met. Staff Response The Applicant proposes to construct a single -story metal shop building on the combined lots (See Exhibit ll) for business purposes. The proposal will actually result in rendering the lot from a non- conforming size to a conforming size of a minimum of 7,500 sq. ft. The Applicant shall me made aware that the following zoning requirements as outlined in Section 3.07 shall apply to development on the resulting lot: Amended Plat EOCC — 09/13/04 Page 2 Maximum Lot Coverage: Seventy-five percent (75%), except for commercial uses which shall be eighty-five percent (85%); 2) The County Commissioners may require adequate screening of all parking and roadway areas in commercial uses from adjoining residential uses and public streets. A maximum of ten percent (10%) of the total parking and roadways areas may be required to be devoted exclusively to landscaping of trees, shrubs, and ground cover to reduce visual impacts; 3) Minimum Front Yard Setback: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets; fifty (50) feet from centerline or twenty-five (25) feet from front lot line, whichever is greater; Minimum Rear Yard Setback: Twenty-five (25) feet from rear lot line for lot occupied by residential uses; seven and one-half (7.5) feet for lots with no residential occupancy; Minimum Side Yard Setback: Ten (10) feet from side lot line or one-half (1/2) the height of the principal building, whichever is greater; 6) Maximum Height of Buildings: Twenty-five (25) feet; an 7) Maximum Floor Area Ratio (FAR): 0.50/1.0 and as further provided under Supplementary Regulations which results in a maximum FAR for the resulting property of 10,000 sq. ft. B. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. Staff Response Travelers Highlands Subdivision has public access from State Highway 6 & 24 and the subject lots within the subdivision have public access from both "Scarrow and Walker Avenues" as shown on the site plan. Exhibit H clearly shows the proposed driveway onto the property from Scarrow Avenue. C. Provision has been made for an adequate source of water in terms of legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Staff Response Lot 5 of the subdivision has an approved well permit (#258441) for commercial business use. This well has been drilled and tested on August 3, 2004 revealing a production rate of 15 gallons per Amended Plat BOCC — 09/13/04 Page 3 minute over a 1 hour period. As the Board is aware, the typical well test the Board routinely accepts as proof that thereis an adequate physical water supply includes the following (Section 8:42(D) of the Subdivision Regulations) stating that prior to the signing of a plat, all physical water supplies shall demonstrate the following: (1) That a four (4) hour pump test be performed on the well to be used; (2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; (3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; (4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; (5) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; (6) If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; (7) The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. As a result, it appears the test provided by the Applicant does not meet the generally accepted requirements by the Board. Wastewater Regarding, wastewater, no specific information was provided as to the method of wastewater disposal; however, the Applicant has applied for an Individual Septic Disposal System permit for the proposed shop building to be constructed on the newly formed lot. The Applicant shall be aware that this system can only serve as a disposal system for "domestic" waste such as water from a bathroom and cannot be used for disposal of any toxic chemicals. Domestic waste shall be that waste as approved by the Colorado Department of Public Health and Environment. Amended Plat BOCC — 09/13/04 Page 4 D. All state and local environmental health and safety requirements have been met or are in the process of being met. Staff Response There do not appear to be any applicable environmental health and safety requirements that need to be met outside of the fact that the Applicant will be required to obtain a septic permit as part of the building permit application for construction on the combined lots. This permit maybe obtained from the Building and Planning Department. E. Provision has been made for any required road or storm drainage improvements. Staff Response It does not appear that any improvements are necessary as a result of the consolidation of the lots. F. Fire protection has been approved by the appropriate fire district. Staff Response The Applicant consulted with the Grand Valley Fire Protection District who provided a letter in the application stating the Applicant (Terry Kirk, in this case) agreed to place a 2,500 -gallon water cistern on the property for fire fighting purposes. This cistern could consist of two 1,250 -gallon tanks piped together which is acceptable to the District. This water shall not be used for domestic purposes. G. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. Staff Response It does not appear that any easements are necessary as a result of the consolidation of the lots. H. School fees, taxes and special assessments have been paid. Staff Response There no requirements to pay any school, tax, or special assessments. III. STAFF RECOMMENDATION The Applicant has provided all required documentation and has satisfied the applicable standards for a plat amendment. Therefore, recommends that the Board of County Commissioners, pursuant to Section 6:10 of the Subdivision Regulations of 1984, as amended, approve this amended plat request with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the meeting Amended Plat BOCC - 09/13/04 Page 5 before the Board, shall be considered conditions of approval. 2. The Applicant shall provide the result of a well pump test that satisfies the following standards: A. That a four (4) hour pump test be performed on the well to be used; B. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; C. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; D. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; E. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; F. If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made. for these costs; G. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 3. The Applicant shall place a 2,500 -gallon water cistern on the property for fire fighting purposes. This cistern may consist of two 1,250 -gallon tanks piped together. This water shall not be used for domestic purposes. 4. The Applicant shall obtain a septic permit from the County Building and Planning Department whose use shall meet the requirements of the Colorado Department of Public Health and Environment. 5. Within 90 days of approval, the Amended Final Plat shall be reviewed (paper copy), then signed and dated (mylar copy) by the County Surveyor, than signed and dated by the Chairman of the Board and recorded in the Clerk and Recorder' s Office of Garfield County. The Amended Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include, at a minimum, the information outlined in Section 5:22 of the Garfield County Subdivision Regulations. Exhibits for Public Hearing on 091304 (BOCC) A Mail Receipts Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended F Garfield County Coi prehensive Plan of 2000 Application G Staff Memorandum 11 Proposed Site Plan '.)C mp4.1 J 3 - /h,41• vg`I--/5 Gf s 717: �l E -rAny, -F-44.4 -01.A- a- T. A-. ►` - 10.41* raw 0.2 i'/C, C 7/22/6Z) Rebar and Cap LS No. 36572 Set in Place \ Proposed Well / / 'Rebar and Cap LS No. 31143 in Place BEATTIE &CHADWICK ATTORNEYS AND COUNSELORS AT LAW 932 COOPER AVENUE PRINGS, CO 81601 STEVEN M. BEATTIE C` MV GLENN D. CHADWICK ^A CYNTHIA C. TESTER SEP 1 2,004 CHRISTOPHER D. BRYAN J PATRICIA M. TULINSKI, Or COUNSEL GARFIELD y UN' BUILDING & PLANNING MEMORANDUM TO: Fred Jarman Don DeFord FROM: Glenn D. Chadwick DATE: September 10, 2004 TELEPHONE (970) 945-8659 FAx (970) 945-8671 E-MAIL: gienn@beattiechadwick.com RE: BOCC Public Hearing September 13, 2004 Amended Plat Application .Review Applicant: Harlan McElroy Representive: Terry Kirk Location: Lots 5, 6, 19, and 20, Block 11 of the Travelers Highlands Subdivision, Situated in Section 28, Township 7 South, Range 96 West of the 6th PM, Garfield County, Colorado I represent the Casteel family. My clients wish to comment on the application of Harlan McElroy to amend the plat of Travelers Highlands Subdivision by combining four lots into one. I request that this memo be made part of the public record. Charles P. Casteel (deceased) platted Travelers Highlands subdivision in 1962. His children Joan Wright, Janet Smallwood, and Joseph Casteel, and their family company Garfield Oil Land and Development Inc. ("GOLD"), still own a substantial majority of the lots in the subdivision (approximately 168 out of 236 lots, or approximately 71 percent). The applicant's representative Mr. Kirk (or entities controlled by him) owns a small number of the lots in the subdivision. Subject to verification, I believe he owns five lots in Block 11 and two lots in Block 6, for a total of seven lots. (My information is from the County Assessor's website, which I believe is updated quarterly.) My clients' concerns are outlined as follows: Violation. of Covenants My clients believe the proposed business purpose of the new building (see Staff Report; bottom of page 1) is in connection with Mr. Kirk's precast concrete business, which is called Star Precast Concrete. Fred Jarman Don Deford September 10, 2004 Page 3 of 4 • In June 2004, Mr. Kirk obtained a CDOT State Highway Access Permit for "General Light Industrial (Private Road)" into and through the subdivision. See Exhibit 2. • In March 2004, Mr. Kirk granted A&S Construction `permission to travel across [subdivision] property" (specifically, along public streets in the subdivision), in exchange for A&S's agreement to install and maintain a new road and install three culverts. See Exhibit 2. o A map is attached to Exhibit 2 showing the "ROAD CONSTRUC'T'ED PER A&S/'1'p,RRY KIRK AGREEEMENT" running along streets designated on the plat as "4th Street" and "Scarrow Avenue." o The map attached to Exhibit 2 also shows a "PRECAST YARD" which encompasses Lots 3-22 of Block 6. My clients own the majority of these lots (Lots 3-8 and 17-23). My clients have not agreed to any such use of their property. o The map attached to Exhibit 2 also shows part of the streets designated as "Mosher Avenue" and "5th Street" as a "HAUL ROAD." It appears that this haul road provides access throughthe subdivision to the north (presumably to reach I-70 to deliver precast concrete products. My clients are not aware of any authority for Mr. Kirk to use the public streets as a haul road. Septic System My clients support the Staff's recommendation that any septic system on the applicant's property be used only for domestic sewage waste, and not for any industrial or commercial waste. The lots in this subdivision were created before 1972 and are therefore eligible for individual wells for water supply. My clients are concerned about possible contamination of the aquifer by septic disposal systems. Drainage The Staff Report states that "It does not appear that any [road or storm drainage] improvements are necessary as a result of the consolidation of the lots." My clients are concerned about some culverts that have been installed, and which may flood or damage the public streets and my clients' property.. Mr. Kirk's agreement with A&S (Exhibit 2) refers to installation of three culverts. ia k 343 Recorded Avg 15, 1962 at 10:45 A. M- " Page 42$ Reception •. 2184.7$ Chas. S. Kan, Recorder PROTECTIVE COVENANTS TO RUN WITH THE LAND COMMONLY MOWN AND PLATTED AS : T tAVELERS - HIGHLARDS•. SUB -DIVISION- (Section No. 1) IN . THE COUNTY OF GARFIELD AND STATE QF COLORADO ye "s©tie e ar s `3e .ore county zoning ,...• . • ii~RG icfie :d County, Colorado, may be recognized and accepted; and WHEREAS, the lands hereinafter 'described are in need of zoning protection; • NOW, TiEREFORE, the undersigned corporation, being the owner of a tract of land known and platted as Travelers Highlands Sub --Division (Section No. 1) in the County of Garfield and State of Colorado, does hereby covenant and agree that the use of that tract of land, as hereinafter de-- scribed;. -140k-be-restricted by the -terms and conditions as ---` -.--- hereinafter set out in the:.:declaration of protective covenants, subject'to which all conveyances of lots in said Sub -division will be hereafter: made, the covenants herein set out being common to all the lots in said sub-diVieian, except a herein expressly•provided. Said corporation further covenantsand agrees herein that the hereinafter set out restrictions shall be binding upon th i-s•-.eorpo_ration, its +a::h:. TVPA :s F✓rk�-.� }fir h�'b�.�J3�;'. y.;.�Y 'go rtrhe Si m =d ity 'Q i" a successors and assigns. following described land, to -wit: All of Block 1 through Block. 12, both inclusive, Travelers Highlands Sub -Division (Section No. 1) in Garfield cbounty, Colorado.- L$bok 343 Page 430 be adopted, and the area above is zoned -by said authority, these covenants shall be deemed no longer of. any force or effect, and such zoning by such authority shall be deemed to supersede, these_ presents in their entirety. - 3. Enforcement shall belay proceedings at law or - in equity -against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 4. Invalidation of any one of these covenants by judgment or court order shall. in nowise affect any of the other provisions, which shall remain in full force and effect. EXECUTED at Glenwood Springs,. County of Garfield, State of Colorado, this dayY o "August-, 19 GARFIELD OIL, LAND AND DEVELOPMENT, INC. By /e144/41 Ittf,t, -4W President r`R �s�V +'e rid• . ti Ti �y�•Sr',C'en'....• i.1y_t'i f r 'rk lgggg� pprf.1 i • '��r�C�F�'Rt C?.:`", •rnr STATE Or COLORADO, ) .'11.4 710 ) Ss. x<,, The ab're ) d foregoing instrument was acknowledged before me .this % . day of August, 1962, by "Charles P . Casteel, as President, and Myrtle J. Casteel, as Secretary of Garfield oil, Land and Development, Inc., a Colorado corporation. . my :comniission. expires: My commission mires May 20,1963 - WITNESS my band and notarial seal° /� 11 Secretary 1 .. r RIM KV OW I [iliaMISW ar. 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