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Home My WebLink About1.0 Application) c:11'i~s- 1 GA RFI E LD CO UNTY Building & Pla nning Departm e nt 108 81h S treet, Suite 401 RECEIVED Gle nwo od S pring s, Colora d o 81 6 01 FEB 1 7 2011 T e le phone: 970.945.821 2 Facs imil e: 9 70 .384 .3 470 www.garfield -county.com S UBDIVIS ION APPLICATION (CHECK T HE BOX THAT A P PLIES) D SKETCH PLAN (optiona l) D CONSERVATION SUBD IVI S ION D PRELIMINARY PLAN D PRELI MINARY PLAN AMENDMENT D FINAL PLAT ,~ FINAL PLAT AMENDMENT I CORRECTION PLAT D COMBINED PRELIM INARY PLAN & FI NAL PLAT GE NERAL INFORMATION (Ple ase print legi bly) }> Name of Property Owner: Gi5.-P/Z6-£ II, 0441/eh:~karl oP1f }> Mailing Add ress : /26 G-11 0 4-(V),-6 @vLJ T elephone : (7;:b ) 'i7/-09 'LO }> City : c;.lflli ldm State: W Z ip Code: fl/,3 7 Ce ll : (__}~,z_ }> E-m ail address : q hJ if 1-owj'f e.. t:AtJ f ~ FAX: (<fJl;) ~2-lf-1./Po{. if ' }> Na m e of O wn e r's Re presentativ e, if any, (Attorn ey, Plann e r, Consu ltant, etc}: }> }> Ma iling A ddress : Te le phon e : (_) }> C ity: S t ate : _Z ip Code : Ce ll :(_) }> E-m a il address: FAX :(_) StvY'i wY'f ",t: s~G-n~ Z7 }> Lo ca tion of Prop e rty : Section '2.2.. ~ IV Town ship (, .fo ~~ Ra ng e 9 3 tw.f/ ~~ '1 ~ }> Assessor's Pa rce l Numbe r : ---'-#a ?"'IVI.c..JfA-C ~ ~ ------------ }> Pra cti ca l Lo cation I Address o f Prop e rty : }> Current S ize of Prop e rty to be S ubd ivid e d (in acres ): ~ }> Numbe r of Tra ct s I Lots Cre at ed within th e Propose d Subdivi sion : ~~~ (_,~ 1-fv.J-/,_ ~ ·~-t ... h F·Y:: Last Revis ed 12124/08 GENERAL INFORMATION continued ... » Proposed Water Source:---------------------- " Proposed Method of Sewage Disposal:----------------- " Proposed Public Access VIA:-------------------- » Easements: Utility:------------------- Ditch:------------------ " Total Development Area (fill in the appropriate boxes below): The following general application materials are required for all types of subdivisions in Garfield County. Application materials that are specific to an individual application type (Conservation Subdivision, Preliminary Plan, etc.) are detailed in Section 5-501 of Article V of the Unified Land Use Resolution (ULUR) of 2008. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Article VII of the Unified Land Use Resolution of 2008. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of recorded " Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 2 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 5. Vicinity map: An 8 % x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries Of the subject property and all property within a 3-mile radius of the subject property. The map shall be at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre-Application Conference form. 7. Submit 3 copjes of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. The following section outlines and describes the subdivision processes for the variety of subdivision actions that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Article V in the regulations themselves for a higher level of detail. I. THE SKETCH PLAN The sketch plan process (more fully defined in Article V, Section 5-301 of the ULUR) is an optional plan review process intended to review at a conceptual level the feasibility and design characteristics of the proposed division of land. The Yield Plan Review process, set forth in Section 5-309, may be combined with Sketch Plan Review for applications proposing Conservation Subdivision. A. Process: The Sketch Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1 . App lica lion 2. Determination of Completeness 3. Evaluation by Director/Staff. Review 4. Review by Planning Commission B. Application Materials: The Sketch Plan review process is set forth in Article V, Section 5-301 of the ULUR, Sketch Plan Review and requires the following materials. 1. Application Form and Fees 2. Vicinity Map (5-502(C)(2)) 3. Yield Plan (required for Conservation Subdivision) 4. Sketch Plan Map (5-502(C}(2)) 5. Land Suitability Analysis (4-502(0)) 3 II. THE CONSERVATION SUBDIVISION The Conservation Subdivision (as described in Article V, Section 5-308 of the ULUR) is a clustered residential development option that allows reduced lot size and provides density bonuses in exchange for preservation of rural lands through provision of open space. A Conservation Subdivision shall be designed as a Density Neutral Development Plan or an Increased Density Development Plan. The design standards for each development Plan option are set forth in Article VII, Section 7-501 of the ULUR. A. Process: Conservation Subdivision Review process is the same as the general subdivision process with the addition of the Yield-Plan Review. The overall Conservation Subdivision Process shall consist of the following procedures and as mc:>re fully described in Article V, Section 5-301 of the ULUR: 1. Pre-Application Conference 2. Sketch Plan (optional) 3. Yield Plan Review (Can be reviewed concurrently with Preliminary Plan) 4. Preliminary Plan Review 5. Final Plat Review B. Application Materials: The Conservation Subdivision review requires the following application materials that can found more fully described in Article V, Sections 5-502 and 7-501 of the ULUR: 1. Application Form and Fees 2. Sketch Plan (Optional) (5-501 (J)) 3. Yield Plan (5-502(C)(8)) 4. Preliminary Plan (5-501 {G)) 5. Final Plat (5-501 (E)) 6. Narrative addressing Design Standards (7 -501 through 7 -503) Ill. THE PRELIMINARY PLAN The preliminary plan review process will review the feasibility and design characteristics of the proposed subdivision based on the standards set forth in Article VII, Standards. The preliminary plan process will also evaluate preliminary engineering design. The Director may allow the preliminary plan and the final plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the lots does not require extensive engineering. A. Process: Preliminary Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-303(8) of the ULUR: 1. Pre-Application Conference 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4 4. Public Hearing and Recommendation by Planning Commission 5. Public Hearing and Decision by Board of County Commissioners B. Application Materials: The Preliminary Plan review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fees 2. Preliminary Plan Map 3. Yield Plan (Conservation Subdivision only) 4. Open Space Plan, preliminary 5. Open Space Management Plan 6. Landscape Plan (Common Ownership Areas) 7. Impact Analysis 8. Land Suitability Analysis 9. Lighting Plan consistent with standards in 7-305 10. Visual Analysis 11. Preliminary Engineering Reports and Plans a) streets, trails, walkways and bikeways b) engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) identification and mitigation of geologic hazards d) sewage collection, and water supply and distribution system e) Erosion and Sediment Control Plan f) Water Supply Plan g) Sanitary Sewage Disposal Plan 12. Draft Improvements Agreement, Covenants and Restrictions and By-laws IV. THE PRELIMINARY PLAN AMENDMENT Any proposal to change a preliminary plan approved under these Regulations shall require application to the Director for Amendment of an Approved Preliminary Plan. The Director shall review the application to determine whether the proposed change constitutes a substantial modification to the approved plan as more fully described in Article V, Section 5- 304. (A substantial modification is defined as a Substantial Change in Article XVI: Definitions) A. Outline of Process. The review process for a proposed Amendment of an Approved Preliminary Plan shall consist of the following procedures. 1. Pre-Application Conference 2. Application 3. Determination of Completeness 4. Evaluation by Director/Staff Review 5. Decision by Director B. Application Materials: The Preliminary Plan Amendment review requires the following application materials as more fully described in Article V, Section 5-501 (H): 5 1. Application Form 2. Written Statement of proposed amendment(s) 3. Supporting documents necessary to evaluate the proposed revision(s) V. THE FINAL PLAT REVIEW Unless otherwise provided by these Regulations, the applicant must receive preliminary plan approval before beginning the final plat process. The final plat review is to formally finalize the actions resultant from the preliminary plan in order to complete the subdivision process. A. Outline of Process. The Final Plat Review process shall consist of the following procedures: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review and Action by Board of County Commissioners 5. Recordation of Plat B. Application Materials: The Final Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Final Plat 3. Final Engineering Reports and Plans a) Streets, trails, walkways and bikeways b) Engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) Mitigation of geologic hazards d) Sewage collection, and water supply and distribution system e) Soil suitability information f) Groundwater drainage g) Erosion and Sediment Control Plan (4-602 C. 4.) h) Final cost estimates for public improvements i) The certification listing all mortgages, liens judgments, easements, contracts, and agreements of record regarding the land to be platted and the Board of County Commissioners may require, at its discretion, that the holders of such mortgages, liens, judgments, easements, contracts or agreements shall be required to join in and approve the application for Final Plat approval before such Final Plat is accepted for review. All other exceptions from title shall be delineated. 4. Landscape Plan (Common Area) (4-602 5.) 5. Open Space Plan (if applicable) 6. Open Space Management Plan (If applicable) 6 7. Improvements Agreement, if applicable [include record drawings in digital format, (4-602 J.)J 8. Letter of Intent for service from all of the utility service providers a) Contract for Service, required prior to Final Plat recordation. 9. Final Declarations of Covenants and Restrictions, HOA articles of incorporation and bylaws 10. Final Fees to be paid {School-Land Dedication I Traffic Impact Fees) v<1. THE FINAL PLAT AMENDMENT I CORRECTION PLAT REVIEW The purpose of the Final Plat Amendment review is to allow for certain amendments to an approved Final Plat. An amendment may be made to a recorded Final Plat if such amendment does not increase the number of subdivision lots or result in a major relocation of a road or add one or more new roads (pursuant to Section 5-306). A correction can be made to a recorded plat in order to correct an engineering error, mislabeling issue, etc. that does not affect the substance of the plat. A. Outline of Processes. The review processes for amending a Final Plat or an Exemption Plat shall consist of the following regardless of whether the division was initially approved as a subdivision or an Exemption: Four (4) Subdivision Lots: The Administrative Review Process, detailed in Section 4-104 of Article IV, shall be used for review of a request to amend or correct a Final Plat modifying lot lines, building envelopes, easement locations or other interests affecting up to four {4) subdivision lots. An Amended Final Plat or an Amended Exemption Plat which modifies lot lines or easements affecting not more than two-lll..Edjacent lo or Exemption Lots or a single building envelope shall be subject to the dministrative Review Procesi) set forth in Section 4-104 of Article IV, with the addition of presentation of the Amended Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend a Final Plat or an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more four {4) subdivision lots or Exemption Lots. An Amended Final Plat which modifies lot lines or easements affecting more than four {4) subdivision lots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. B. Application Materials: The Final Plat Amendment I Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee · 2. Preliminary Plan (5-501 (G)) 7 I I I I I 3. Final Plat, Amended Final Plat 4 . Subdivision Improvement Agreement , if necessary The Director may allow the Preliminary Plan and the Final Plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the lots does not require extensive engineering . (Section 5-303) No submittal of a combined application shall be allowed until the Director has made a determination after holding a pre -application conference . I have read the statements above and have provided the required attached information which is correct a G--acc ate to the best of my knowledge. 1.-3-/J 8 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set}orth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION r f BASE FEE Vacating Public Roads & Rights-of-Way ~ I"\ $400 Sketch Plan ~ ._j G'.. _'\l ~ \ $325 ~ \~ 0 ~ "--.. , $675 + application agency rt1 ""l (\J 1 1 review fees and outside ~ ~ consultant review fees, as c~ Preliminary Plan I Conservation Subdivision t'J authorized pursuant to the £' Regulations , such as the T" ~ 1 · Colorado Geologic Survey ~ Preliminary Plan Amendment " ~ $325 ~ Final Plat ~ ~ -e · Final Plat Amendment I Correction Plat ~ . ~ $1 0' .~ Combined Preliminary Plan and Final Plat .f"' ~ Minor Exemption I Amendment $"\}\ $300 I $300 Major Exemption I Amendment 10. ·1 $400 I $300 Rural Land Development Option Exemption I +endment $400 I $300 General Administrative Permit $250 Floodplain Development Permit $400 Pipeline Development Plan I Amendment $400 I $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review I Amendment $400 I $300 Major Impact Review I Amendment $525 I $400 Rezoning : Text Amendment $300 Rezoning : Zone District Amendment $450 Planned Unit Development (PUD) I Amendment $500 I $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Takings Determination NO FEE Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary $50.50 $40.50 $33.75 $30.00 County Surveyor Review Fee (includes review of Amended 0 t . d b S $ . . e erm1ne y urveyor Plats, Frnal Plats, Exemptton Plats) $11 -151 page $10 each additional page Mylar Recording Fee Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. · 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and &;;;:e45R:.-/1. /JA(VI<>-h @' ____ Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for GnA-t--)JUT ft rYJ tfzv/2 h1<'A'I f= (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) ~ -(~;),/!• Si9tllr~ ifate / ~4H._ dt}4-V!ds ~ -- Print Name Mailing Address: Page 4 COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND-USE REVIEWS Councy _________________________ _ Date--------------- Pr~ectName _________________________ ___ APPLICANT (or Applicant's Authorized Representative responsible for paying CGS-review fee) Name ______________________________________________ _ Address _________________________________________ ___ Ph. No. ------------c:::-------·Fax No. ___________________ _ Reviews for Counties FEE SCHEDULE (effective June 1, 2009) I 1 l 1 14, n, or /4 /4------- Section(s) ------- Township. _____ __ Range ____ _ Dec Lat ______ __ Dec Long------- Small Subdivision (> 3 dwellings and < 100 acres) . . . . . . . . . . . . . . . . . .... $950 Large Subdivision (?. 100 acres and < 500 acres) . . . . . . . . . . . . . . ... $1,550 Very Large Subdivision (500 acres or more) . . . . . . . . . . . . . . . .. . . . . . $2,500 Very small residential subdivisions (1-3 dwellings and< 100 acres) .... : .............. $600 Reviews for Municipalities . . . . . . . . . . . . . . .... .At hourly rate of reviewer Special Reviews . . . . . . . . . . . . . . . . . . . . . . . .At hourly rate of reviewer School Site Reviews ......................................................... $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill35, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral-resource areas under C.R.S. 24-65.1- 101 et seq. (House Bill1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill1529, 1973), respectively. Local-government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey " ... for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local-government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/ or repair costs. Colorado Geological Survey, 1313 Shennan Street, Room 715, Denver, CO 80203 • Ph: 303-866-2611, Fax: 303-866-2461 hl10:f1Qensurvev.stale.C!l.US created 3/16J9B, revised 4!23109 2 3 4 5 6 Frequently Asked Questions and Answers Regarding the CGS Land Use Review Process Why am I required to have a CGS review when I already hired and paid for my own consultant? In 1972, Senate Bill35 was passed stating that any person or entity subdividing a property into parcels of 35 acres or less on unincorporated land must submit geologic or geotechnical reports to the County as part of the preliminary plat application process. Municipalities or public agencies may request that CGS teview a site, although these reviews are not governed by the statute. Why is a CGS review necessary when I already hired my own geologist? The CGS review is an independent third-party review that is done for the County, similar to the service a building inspector provides for construction review. The purpose of the CGS review is to ensure that all geologic concerns have been adequately identified and addressed in the geologic reports and that the proposed development is feasible. Why does CGS dmrge for land use reviews? Doesn'ttaxpayer money pay for this service? CGS land use reviews are not subsidized tluough the general fund, although some other review agencies are supported by taxpayer money. In 1984 the state legislature decided that CGS reviews should be paid for with fees paid by the applicant of the proposed development so that taxpayers are not viewed as subsidizing development. Did the CGS seologist make a field visit to tlte site? A CGS geologist visits each site being reviewed. If the review is a re-submittal for a site that has been visited previously, a second site visit may not be necessary. If significant changes have occurred since the initial review, the site may be visited again. Why is the CGS review letter so slwrt and simple? What is my fee paying for? The CGS letter is a review of the geologic material submitted and reflects the level of detail contained in those documents. CGS does not offer designs, but rather ensures that the work that has been done is meaningful and adequate for the site conditions and proposed development. A site review that adequately addresses all the geologic conditions present at the site may be a short confirmation letter. If more work needs to be done or if difficult site conditions are present, the letter may be longer. WTmt type of inforntation do I tJeed to submit to CGS for a land use review? The more geologic information that is submitted to CGS, the easier it is for CGS to evaluate the property. The required documents may vary based on county requirements and the potential problems that may impact the proposed development. A topographic map is essential. Also, information regarding slope, surficial materials, subsurface materials and bedrock, presence of groundwater and depth, and specific geologic hazards should be included, where applicable. Grading plans, drainage plans, and geotechnical testing results are also very helpful for the review, The presence of geologic hazards should be evaluated with respect to the development plan. Also, the effect of development on geologic conditions should be discussed. The evaluation should include alternatives such as avoidance and mitigation techniques. 7 8 9 10 11 12 13 17te subdivision down t1te road was approved, why wasn't mine? There could be several reasons: geologic conditions can change over short distances; subdivisions made prior to 1972 were not required to rmdergo a CGS review and may have not been evaluated for geologic suitability at all; the area down the road may be incorporated as part of a municipality, which exempts it from the CGS review process. Another consideration is that geologic reviews are continually evolving and site conditions that have been judged acceptable in the past may no longer be considered as such, based on the current understanding of the geologic processes and adverse impacts associated with them Why are CGS reviews required even on low~density properties? Senate Bill35 pertains to subdivisions of less than 35 acres. Geologic hazards can occur on large-scales or small~scales; relying on low-density subdivision can not mitigate all geologic hazards. For instance, entire hillsides might be prone to rockfall or landslide hazards. Large tracts of land may be subject to groundwater problems. Wlty can't I just use t1Je soil conservation maps for a geologic report? The USDA soil conservation maps are a good start for geologic investigations, but do not contain sufficient detail on the possible geologic problems that may occur at any site. Aren't some of your review comments beyond the scope of geologic hazards 011 my site? Technically other agencies have regulatory authority regarding issues such as flood plains, grormdwater availability and wildfire, but these issues are also important factors in the overall geologic context of the site and may affect g€ologic hazards on the site. The mention of a condition in the CGS review letter is not intended to influence the statutory authority of any other agency, but rather to ensure that all parties are aware of a potentially problematic geologic condition. For instance, mention of a situation involving a major drainage is a flag that the U.S. Army Corps of Engineers or the Colorado Water Conservation Board should be reviewing development plans. When! bOught this property, no one told me about any geologic ltazards 011 tlte site; can I go back to tlte previous owners someltow? CGS can not give legal advice. If the seller was aware of adverse conditions with respect to the proposed use, this should have been disclosed. A legal opinion should be sought. Can I get a waiver from having the CGS do a review? The discretion to grant waivers is vested by law with the counties. Once an application for review is submitted to CGS, we are under a statutory responsibility to respond. I am willing to accept tiJe risk associated ivit11 my property - why is it anyone's business what I do wit1J my own land? The presumption associated with a subdivision is that portions of the property will be sold to others. This then assigns any risk to future buyers, and the cormty is required to protect their interests. Senate Bill35 addresses a wide variety of land use issues as well as geologic suitability in an attempt to provide information so that the overall appropriateness of the subdivision proposal can be evaluated. \ ! / ( ./~ \ \ \ ; i \ . . ~ \ \ I ""~ I / / "•·"·~ I I I I I I AGREEMENT This AGREEMENT is entered into by G.H. Daniels, III ("Daniels) and Gregory Hasen berg ("Hasen berg") on this 2.,. day of February 201 1, for the purposes recited herein. RECITALS A. Hasenberg is is the owner of that certain real property situated in Garfield County, Colorado, known as Lots 1, 2, and 3 of the Quicksilver Court Subdiv ision, a resubdivision of Lots 2 and 2A, Grass Mesa Ranch, as shown on the Final Plat of the Quicksilver Court Subdivision ("Plat"), recorded in the real prope1ty records of Garfield County at Reception No. 785073; and B. Daniels is the owner of that certain real property situated in Garfield County, Colorado, known as Lots 4, 5, 6, and 7 of the Quicksilver Court Subdivision, a resubdivision of Lots 2 and 2A, Grass Mesa Ranch, as shown on the Final Plat of the Quicksilver Court Subdivision ("Plat"), recorded in the real property records of Garfield County at Reception No. 785073; and B. Daniels desires to amend the Plat to adjust the boundaries of the lots lines of his Lots 5 and 6; and C . To do so, Garfield County requ ires Hasenberg to also execute any Amended Plat of the Quicksilver Court Subdivision, as current Owner of Lots 1, 2, and 3; and D. The Parties desire to memorialize their agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Execution of Amended Plat. Hasenberg agrees t o cooperate with Daniels by signing all necessary paperwork to file for an Amended Plat of the Quicksilver Court Subdivision to change the boundary lines of Lots 5 and 6, as shown on Exhibit A, attached hereto a nd incorporated herein by reference, including but not limited to the Application for Amendment, the Amended Plat, and any documents required by Hasenberg's lender. 2. Assumption of Costs. Daniels agrees to pay for all costs and fees to file for the Amended Plat, including reasonable attorneys' fees to draft thi s Agreement, the Application, and any documents required by Hasenberg's lende r. 3. Indemnification. Daniels shall indemnify, ho ld harmless, and defend Hasenberg from any and all claims, damages, action s, causes of action, judgments, liabiliti es, demands, agreements, costs and controversies of any kind, in law, equity or otherwise, whether known or unknown, arising out of the Amended Plat. 4. Entire Agreement, Binding Effect. Successors in Interest. This Agreement contains the entire agreement between the Parties with regard to the matters set forth herein and shall be binding upon and inure to the benefit of their employees, agents, successors, heirs, and assigns. Facsimile, email, and counterpart signatures are deemed effective as originals. IN WITNESS WHEREOF, this Agreement has been executed effective of the date first above written. G.H. Daniels, III Gregory J. Hasen berg ~ Date: 01-12-2011 Property Address: RIFLE CO 81650 GEORGE H. DANIELS III Attn: JODY DANIELS Copies: 1 EMail: ghdgrowit@aol.com Linked Commitment Delivery land Title Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: GW63006111 If you have any inquiries or require further assistance, please contact --~Tui,tle"-"D"'ep"'a"-rtwm..,e,.,n,_t -------. Phone: 970-945-2610 Fax: 970-945-4784 Form DELIVERY.LP f LTG Policy No. LTAQ63006111 Form PIB/ORT PROPERTY INFORMATION BINDER Our Order No. GW63006111 Liability: $50,000.00 Fee: $500.00 Subject to tbe exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, G. H. DANIELS, Jll OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of December 17, 2010 at 5:00P.M. l. Title to said estate or interest at the date hereof is vested in: GREGORY j. HASENBERG, AS TO PARCEL A, AND G. H. DANIELS, III, AS TO PARCEL B 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Gnarantee Company Representing Old Republic National Title Insurance Company .-.....,-_.,~=:::------------------..,1 LTG Policy No. LTAQ63006111 Form PIB/ORT Our Order No. GW63006111 3. The land referred to in this Binder is situated in the State of Colorado. County of described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 4. The following documents affect the land: GARFIELD !. DEED OF TRUST DATED MAY 01, 2009, FROM GREGORY J. HASENBERG TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF AMERICAN NATIONAL BANK TO SECURE THE SUM OF $175,000.00 RECORDED MAY 07,2009, UNDER RECEPTION NO. 767644. PARTIAL RELEASE RECORDED JANUARY 22, 2010 UNDER RECEPTION NO. 780970. (AFFECTS PARCEL A) 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 01, 1917, IN BOOK 92 AT PAGE 304. 3. RESTRICTIVE COVENANTS. WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JUNE 07, 1983. IN BOOK 628 AT PAGE 503 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 02, 1994, IN BOOK 924 AT PAGE 292 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 01, 1995, IN BOOK 951 AT PAGE 883, AMENDMENT RECORDED NOVEMBER 7. 1995 IN BOOK 958 AT PAGE 68 AND AMENDMENT RECORDED FEBRUARY 26. 1996 IN BOOK 968 AT PAGE Land Title Guarantee Company Representing Old Republic National Title Insurance Company I LTG Policy No. LTAQ63006111 Form PIB/ORT Our Order No. GW63006111 4. The following documents affect the land: (continued) 182 AND CORRECTED AMENDMENT RECORDED MAY 7, 20021N BOOK 1352 AT PAGE 962, AND AMENDMENT RECORDED SEPTEMBER 25, 20031N BOOK 1522 AT PAGE 832, AND AMENDMENT RECORDED APRIL 15, 2004 IN BOOK 1577 AT PAGE 998, AND AMENDMENT RECORDED FEBRUARY 2, 2010 UNDER RECEPTION NO. 781491. 4. OIL AND GAS LEASE RECORDED NOVEMBER 22, 1993 IN BOOK 882 AT PAGE 890, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 5. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE. 6. EASEMENT AND RIGHT OF WAY FOR ELECTRIC TRANSMISSION LINE AND ACCESS RECORDED MARCH 25, 19851N BOOK 666 AT PAGE 210. 7. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN RIGHT OF WAY GRANT RECORDED JANUARY 9, 1984, NON-EXCLUSIVE ROAD EASEMENT RECORDED JANUARY 23, 19851N BOOK 672 AT PAGE 761, AMENDMENT THERETO RECORDED OCTOBER 10, 1985 IN BOOK 677 AT PAGE 56 AND GRANT OF EASEMENT RECORDED SEPTEMBER 10, 19861N BOOK 694 AT PAGE 740. 8. EASEMENTS, RIGHTS OF WAY, TERMS AND CONDITIONS OF EASEMENT AGREEMENT RECORDED JUNE 6, 19961N BOOK 980 AT PAGE 839. 9. TERMS, CONDITIONS AND PROVISIONS OF SURFACE FACILITY GRANT RECORDED DECEMBER 12, 1995 IN BOOK 960 AT PAGE 928. (AFFECTS PARCEL A) 10. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 19, 19981N BOOK 1099 AT PAGE 210. (AFFECTS PARCEL A) 11. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE RIGHT-OF-WAY GRANT RECORDED APRIL 03, 2002 IN BOOK 1343 AT PAGE 84. (AFFECTS PARCEL A) I LTG Policy No. LTAQ63006111 Form PIB/ORT Our Order No. GW63006111 4. The following documents affect the land: (continued) 12. TERMS. CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED FEBRUARY 27, 2009 AT RECEPTION NO. 763921. 13. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 11, 2004 IN BOOK 1567 AT PAGE 796. 14. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. 15. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF GRASS MESA RECORDED SEPTEMBER 15, 2003. 16. A PORTION OF THE EASEMENT DEPICTED ON THE PLAT RECORDED MARCH 25, 1985 UNDER RECEPTION NO. 360447 WAS VACATED BY INSTRUMENT RECORDED 10 13, 2009 UNDER RECEPTION NO. 776322. (AFFECTS PARCEL B) 17. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED MARCH 08, 2007 IN BOOK 1900 AT PAGE 513. (AFFECTS PARCEL B) 18. TERMS, CONDITIONS AND PROVISIONS OF RIGHT-OF-WAY OF EASEMENT RECORDED DECEMBER 12, 2008 AT RECEPTION NO. 760053. (AFFECTS PARCEL B) 19. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2008-138 RECORDED DECEMBER 17, 2008 AT RECEPTION NO. 760233. 20. TERMS, CONDITIONS AND PROVISIONS OF RIGHT-OF-WAY EASEMENT RECORDED APRIL 09, 2009 AT RECEPTION NO. 765992. I LTG Policy No. LTAQ63006111 Form PIB/ORT Our Order No. GW63006111 4. The following documents affect the land: (continued) (AFFECTS PARCEL B) 21. TERMS, CONDITIONS AND PROVISIONS OF ACCESS EASEMENT RECORDED JULY 27, 2009 AT RECEPTION NO. 772125. 22. TERMS, CONDITIONS AND PROVISIONS OF WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATIONS RECORDED SEPTEMBER 18, 2009 AT RECEPTION NO. 775287 AND 775288. 23. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED IN THE QUIT CLAIM DEED RECORDED OCTOBER 13, 2009 UNDER RECEPTION NO. 776322. 24. TERMS, CONDITIONS AND PROVISIONS OF GRASS MESA HOMEOWNERS ASSOCIATION RESOLUTION OF THE BORAD OF DIRECTORS NO 2008-03 RECORDED FEBRUARY 02, 2010 AT RECEPTION NO. 781490. 25. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 2010-21 RECORDED APRIL 20, 2010 AT RECEPTION NO. 784926. 26. TERMS, CONDITIONS AND PROVISIONS OF 2010 GARFIELD COUNTY TREASURER'S DEPOSIT RECORDED APRIL 26, 2010 AT RECEPTION NO. 785079. 27. TERMS, CONDITIONS AND PROVISIONS OF QUICKSILVER COURT SUBDIVISION, SUBDIVISION IMPROVEMENTS RECORDED APRIL 26, 2010 AT RECEPTION NO. 785080. 28. TERMS, CONDITIONS AND PROVISIONS OF RIGHT-OF-WAY DEED RECORDED APRIL 26, 2010 AT RECEPTION NO. 785074. 29. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED RECORDED APRIL 26, 2010 AT RECEPTION NO. 785078. 30. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED RECORDED APRIL 26, 2010 AT RECEPTION NO. 785076. 31. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF QUICKSILVER COURT SUBDIVISIONRECORDED APRIL 26, 2010 I LTG Policy No. LTAQ63006111 Form PIB/ORT Our Order No. GW63006111 4. The following documents affect the land: (continued) UNDER RECEPTION NO. 785073. 32. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW; AS CONTAINED IN INSTRUMENT RECORDED APRIL 26, 2010, UNDER RECEPTION NO. 785077. 33. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED APRIL 26, 2010 AT RECEPTION NO. 785075. 34. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF SERVICES RECORDED OCTOBER 13, 2009 AT RECEPTION NO. 776330. 35. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF GAS GATHERING RECORDED JANUARY 25, 2007 AT RECEPTION NO. 715970 AND FIRST AMENDED AND RESTATED GAS GATHERING RECORDED JULY 29, 2008 UNDER RECEPTION NO. 753222 AND MEMORANDUM OF FIRST AMENDEMENT TO FIRST AMENDED AND RESTATED GAS GATHERING RECORDED 10, I 2010 UNDER RECEPTION NO. 792321. 36. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF SERVICES RECORDED OCTOBER 13, 2009 AT RECEPTION NO. 776330. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE EFFECTfVE DATE OF THE PREVIOUS BINDER. I LTG Policy No. LTAQ63006111 Our Order No. GW63006111 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: LOTS 1-3,INCLUSIVE, QUICKSILVER COURT SUBDIVISION. ACCORDING TO THE DECLARATION OF PROTECTIVE COVENANTS OF THE QUICKSILVER COURT, RECORDED IN THE REAL PROPERTY RECORDS OF GARFIELD COUNTY ON APRIL 26, 2010, AT RECEPTION NO. 785077, AND THE FINAL PLAT, RECORDED IN REAL PROPERTY RECORDS OF GARFIELD COUNTY ON APRIL 26, 2010, AT RECEPTION NO. 785073, A RESUBDIVISION OF LOTS 2 AND 2A. GRASS MESA RANCH. COUNTY OF GARFIELD. STATE OF COLORADO. PARCELB: LOTS 4-7, INCLUSIVE, QUICKSILVER COURT SUBDIVISION, ACCORDING TO THE DECLARATION OF PROTECTIVE COVENANTS OF THE QUICKSILVER COURT, RECORDED IN THE REAL PROPERTY RECORDS OF GARFIELD COUNTY ON APRIL 26, 2010, AT RECEPTION NO. 785077, AND THE FINAL PLAT, RECORDED IN REAL PROPERTY RECORDS OF GARFIELD COUNTY ON APRIL 26, 2010, AT RECEPTION NO. 785073, A RESUBDIVISION OF LOTS 2 AND 2A, GRASS MESA RANCH, COUNTY OF GARFIELD, STATE OF COLORADO. Property Information Binder CONDITIONS AND STIPULATIONS l. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2 0 Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s}, judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters; (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date; or (c) attaching or creating subsequent to the Date. 3 0 Prosecution of Actions (a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4o Notice of Loss-Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder lll11il thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 50 Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder, Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. PIB.ORT Cover Page 1 of 2 6. Limitation of Liability · Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual Joss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees In litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been defmitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Issued through the Office of: lAND TITLE GUARANTEE COMPANY 1317 GRAND AVE #200 GLENWOOD SPRINGS. CO 816D1 970.945·2610 PIB.ORT Cover Page 2 of 2 Title COMPANY LAND TITLE GUARANTEE COMPANY INVOICE www .• ro.c.co .. Customer Reference No. Record Owner: Property Address: GREGORY]. HASENBERG, AS TO PARCEL A, AND G. H. DANIELS, III, AS TOPARCELB RIFLE CO 81650 When referring to this order, please reference our Order No. GW63006111 Date: January 12, 2011 -CHARGES· Property Information Binder $500.00 PIB Hourly Rate $250.00 ··Total--$750.00 Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not received within 30 days of that date, the Guarantee and all coverages thereunder shall he cancelled. Please make checks payable to: LAND TITLE GUARANTEE COMPANY 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 SITE ._l SCALE: 1" = 2000' Map of 65 1 Quick S il ver Way, Rifle, Colorado I MapQuest http://www .mapquest.com/ Grass M ess tJ; Page 2 of2 G~RFII cout-3, )9 . REG/01 '· '/< AIRPO i> ~2 4 /8/2 0 11 8~-------------------------------- STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) THE FOREGOING LIENHOLDER CONSENT AND SUBORDINA liON WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF ------------------~ 2D10, BY MY COMMISSION EXPIRES: ------------------------ WITNESS MY HAND AND SEAL: NOTARY PUBLIC LIENHOLDER CONSENT AND SUBORDINATION THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWINER(S) UPON THE REAL PROPERTY PLATTED AND DIVIDED AS SHOWIN UPON THE WITHIN FINAL PLAT OF QUICKSILVER COURT SUBDIVISION, CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE FINAL PLAT OF QUICKSILVER COURT SUBDIVISION AND BY THIS CERTIFICA liON HEREBY CONSENTS TO SAID FINAL PLAT OF QUICKSILVER COURT SUBDIVISION AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID FINAL PLAT OF QUICKSILVER COURT SUBDIVISION AS STATED IN THE CERTIFICATE OF DEDICATION AND OWINERSHIP EXECUTED BY THE OWINER(S) HEREON, AND HEREBY SUBORDINATIES ANY INTIEREST THAT BENEFICIARY MAY HAVIE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADE. EXECUTIED THIS -------DAY OF -----------------• A.D., 201D. GMAC MORTGAGE, LLC, A DELAWARE CORPORA liON B~--------------------------------LIMITIED SIGNING OFFICER STATE OF IOWA ) ) ss COUNTY OF BLACK HAWIK ) THE FOREGOING LIENHOLDER CONSENT AND SUBORDINATION WAS ACKNOWLEDGED BEFORE ME THIS ----DAY OF -------------------• 2010, BY ----------------------· MY COMMISSION EXPIRES:------------------------ WITNESS MY HAND AND SEAL: NOTARY PUBLIC rRY ENGINEERING, INC. ' ~G ENGINEERS AND SURVEYORS ,BLAKE AVENUE, SUITE 101 DD SPRINGS, COLORADO 81601 (970) 945-8676 NOTICE: ACCORDING TO COLORADO LAW YOU ~UST COMMn ACTION BASED UPON ANY DEFECT IN THIS SURVEY 'MTI-IIN Tl AFTER YOU RRST DISCOVER SUCH DEFECT, IN NO EVENT M BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED TEN YEARS FROM THE DA 1£ OF CERTlFICA liON SHOWN HERE APPLICA 110N RECORDED SEPTEMBEH li::S, 2009 AT RECEPliON NU. II~L'61. \'t"OU t.r:; ..... LLU IMC.I'II I CONTRACT). ARD OF COUNTY COMMISSIONERS CERTIFICATE 5 FINAL PLAT OF QUICKSILVER COURT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO THIS --------DAY OF -------------2010, FOR FILING H THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF : PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISION THAT APPROVAL IN NO WAY .IGATES GARFIELD COUNTY FOR FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, lLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY ~EED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS 'ROYAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR NTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO NESS MY HAND AND THE SEAL OF THE COUNTY OF GARFIELD. rEST: ------------------------------- COUNTY CLERK MINERAL RIGHTS HOLDERS: RUDOLPH ASSOCIATES, LLC C/0 CAROL RUDOLPH 3114 4TH STREET BOULDER, CO 80304 DEVON SFS OPERATING, INC. ATTN: PATRICIA TISDALE 20 NORTH ROAD OKLAHOMA CITY, OK 73102-8260 SNYDER OIL A.K.A. SANTA FE SNYDER CORPORATION REGISTERED AGENT: PRENTICE-HALL CORP. SYSTEM, INC. 1560 BROADWAY, SUITE 2090 DENVER, CO 80202 HIGH COUNT CONSUL TIN 1517 E GLENWOO EASEMENT DEED . " .. '.} This EASEMENT DEED ("Easement") is granted by G.H. Daniels, III ("Daniels) and Gregory Hasenberg ("Hasenberg") (collectively referred to herein as "Grantor") to the Quicksilver Court Homeowners' Association ("Grantee") on this JJlli day of 1\111'\1<.61-l 2010, for the purposes recited herein. WHEREAS, Grantor is the owner of that certain real property situated in Garfield County, Colorado, known as Lots I, 2, 3, 4, 5, 6, and 7 of the Quicksilver Court Subdivision, a resubdivision of Lots 2 and 2A, Grass Mesa Ranch (the "Property"), as shown on the Final Plat, as amended, of the Quicksilver Court Subdivision ("Plat"), recorded in the real property records of Garfield County at Reception No. ?gs"013, and as described in the Declaration of Protection Covenants for the Quicksilver Court Subdivision ("Declaration") recorded in the real property records of Garfield County at Reception No. '/~501') ; and WHEREAS, Grantor desires to grant to Grantee the following easements; NOW, THEREFORE, in consideration of the sum often dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: I. 10' Public Utilitv Easement. Grantor hereby grants to Grantee a ten-foot (10') wide, perpetual, non-exclusive easement over, across, and through Lots 3, 5, 6, and 7 for public utilities along each side of Quicksilver Court, including but not limited to, water, electric, gas, telephone, and cable, together with the right of ingress and egress to install, construct, operate, maintain, and repair the said public utilities, as depicted on the Plat, ·attached hereto as Exhibit A as "10' Public Utility Easement" and more particularly described in Exhibit B. No permanent structure or improvement of any kind, shall be installed or maintained which will impair the use of the I 0' Public Utility Easement. The Public Utility Easement shall run with the land and shall be for the benefit. llf the Property. 2. 20' Public Utility Easement. Grantor hereby grants to Grantee a twenty-foot (20') wide, perpetual, non-exclusive easement over, across, and through the Property for public utilities, including but not limited to, water, electric, gas, telephone, and cable, together with the right of ingress and egress to install, construct, operate, maintain, and repair the said public utilities, as depicted on the Plat, attached hereto as Exhibit A as "20' Public Utility Easement" and more particularly described in Exhibit B. No permanent structure or improvement of any kind, shall be installed or maintained which will impair the use of the Public Utility Easement. The 20' Public Utility Easement shall run with the land and shall be for the benefit of the Property. 3. 40' Public Utili tv Easement. Grantor hereby grants to Grantee a forty-foot ( 40') wide, perpetual, non-exclusive easement over, across, and through Lots 2 and 3 for public utilities, including but not limited to, water, electric, gas, telephone, and cable, together . .----'-------------------------. Ill/ w.~.m.~'lf.r.-I~D'I!f.ll~ I~Nrl/IW,I~~~~·~ IIIII Rece~tion#: 78e078 04/26/2010 11: 11:00 AM J111.n Alb•rico 2 of 11 Reo Fee:$61.00 Dec Fee:0.00 GARFIELD COUNTY CO with the right of ingress and egress to install, construct, operate, maintain, and repair the said public utilities, as depicted on the Plat, attached hereto as Exhibit A as "40' Public Utility Easement" and more particularly described in Exhibit B. No permanent structure or improvement of any kind, shall be installed or maintained which will impair the use of the Public Utility Easement The 40' Public Utility Easement shall run with the land and shall be for the benefit of the Property. 4. 20' Well and Utility Easement. Grantor hereby grants to Grantee a twenty-foot (20') wide, perpetual, non-exclusive easement for wells and appurtenant utilities, together with the right of ingress and egress to install, construct, operate, maintain, and repair the Water Distribution System, as defined in the Declaration, as depicted on Exhibit A as "20' Well and Utility Easement" and more particularly described in Exhibit B. The Association shall access the Well and Utility Easement, as necessary, on foot or all-terrain vehicle ("A TV"), In the event of an emergency, or when necessary for installation, maintenance, or repair of the Water Distribution System, the Association may enter the Well and Utility Easement by vehicle. No permanent structure or improvement of any kind, shall be installed or maintained which will impair the use of the Well and Utility Easement. The Well and Utility Easement shall run with the land and shall be for the benefit of the Property. 5. Fire Protection, Utilitv, and Drainage Easement. Grantor hereby grants to Grantee a perpetual, non-exclusive easement for fire protection, utilities, and drainage over, across, and through Lots 5, 6, and 7 to Quicksilver Pond, together with the right of ingress and egress to install, construct, operate, maintain, and repair utilities and drainage, as depicted on Exhibit A as "Fire Protection, Utility, and Drainage Easement" and more particularly described in Exhibit B. No permanent structure or improvement of any kind, shall be installed or maintained which will impair the use of the Fire Protection, Utility, and Drainage Easement. The Fire Protection, Utility, and Drainage Easement shall run with Lots 5, 6, and 7 and shall be for the benefit of the Property. 6. Maintenance. Repair. and Improvement. Grantee shall bear the cost of maintenance, repair, and improvement of the right-of-way and easements granted herein, including installation, construction, burial, maintenance, repair, improvement, and removal of said public utilities. Easement Deed Page 2 of3 1111 W(~,.m,M,~~ lt'lllll41rllMIP',I No'1tl~~ I¥U'~ IIIII Reception~: 7a5078 04/26/201~ 11:11:00 ~M Jean Alb•rico 3 of 11 Rec Fae:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO Executed as ofthe date first written above. ZL G.H. Daniels,llii """":::::::::=::- STATE OF COLORADO COUNTY OF GARFIELD ) ) ss. ) N),,/t(!11Jhe foregoing document was acknowledged and swom.to before me this/ '1 day of II-'-/"'U_...>....:.rr!.... 20 I 0 by G.H. Daniels, III, and Gregory Hasen berg, as Grantor. WITNESS my hand and official seal. . 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"" QUICKSILVER COURT SUBDIVISION A REPLAT OF LOT 2 .AND LOT 2.4. GlUSS MESA RANCH BEING A PARCEL OF LAND SlTOATED IN THE Slfl/4 OF SECTION 22 JJID.l'HE Nlrl/4 OF SECTION 27, 'roWNSHIP 6 SOUTH., RANGE 93 WEST OF' lHE 6TH PRINC~ lO:RtDlAN, ' ' . .. ~ ~~ .,. . ' .,. . COUNTY OF GARJ'IELD, STAT!: OF COLORADO .mar z cw 2 ~..:::..-:: ..... D ------ .!.:.:":.~.. EIJ !iS:T.,;r'~ HIGH COUNTRY ENGINEERlNG. INC. I ~---W7 ILIDI ·-1J11m1 Ull -___ .. tell. I~D~ .,.._ LllL.1 17~"!;.... '"';"'~ LOU ...... u. ~-·1- --~~:a==- ~~-:s.- 1111 W.a.nw,~.MIIIINIIU~~rw.!W ll'AN1 r.~·o!. IIIII Recept!cn~: 78~078 04/26/2010 11·11·00 AM Jean Alberico 6 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO 10 FOOT PUBLIC UTILITY EASEMENT EXHIBITB Legal Descriptions A STRIP OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22 AND THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 6 SO!ITH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERJDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP CROSSING LOTS I, 3, 4, 5, 6, AND 7 OF QUICKSILVER COURT SUBDIVISION; SAID STRJP BEING MORE PARTICUARL Y DESCRJBED AS FOLLOWS: (BEARINGS REFERENCED TO N00'53'38"W BETWEEN THE NORTH-WEST 1116 CORNER OF SECTION 27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1116 CORNER OF SECTION 27, A REBAR & CAP LS#9009 IN PLACE.) COMMENCING AT A POINT ON THE WESTERLY RJGHT-OF-WAYBOUNDARY OF QUICKSILVER WAY RECORDED AS RECEPTION NO. 636525 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE (WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 27 BEARS N22'21'33"E A DISTANCE OF 75.63 FEET); THENCE LEAVING SAID WESTERLY RJGHT -OF-WAY BOUNDARY S88'59'26"W A DISTANCE OF 90.33 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RJGHT HAVING A RADIUS OF 270.00 FEET AND A CENTRAL ANGLE 08'31'20", A DISTANCE OF 40.16 FEET (CHORD BEARS N86'44'54"W A DISTANCE OF 40.12 FEET); THENCE N82'29'14"W A DISTANCE OF 310.85 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 50'28'44", A DISTANCE OF 44.05 FEET (CHORD BEARS S72'16'25"W A DISTANCE OF 42.64 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RJGHT HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 280'57'27", A DISTANCE OF 294.22 FEET (CHORD BEARS N07'30'46"E A DISTANCE OF 76.36 FEET); THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 50'28'44", A DISTANCE OF 44.05 FEET (CHORD BEARS S57'!4'52"E A DISTANCE OF 42.64 FEET); THENCE S82'29'!4'EA DISTANCE OF 310.85 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 230.00 FEET AND A CENTRAL ANGLE OF 08'31'20", A DISTANCE OF 34.21 FEET (CHORD BEARS S86'44'54"E A DISTANCE OF 34.18 FEET); THENCE N88'59'26"E A DISTANCE OF 90.33 FEET TO A POINT ON SAID WESTERLY RJGHT-OF-WAY BOUNDARY OF QUICKSILVER WAY; THENCE NO! '00'34"W ALONG SAID WESTERLY RJGHT-OF-WAY BOUNDARY A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY BOUNDARY S88'59'26"W A DISTANCE OF 90.33 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RJGHT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 08'31'20", A DISTANCE OF 32.72 FEET (CHORD BEARS N86'44'54"W A DISTANCE OF 32.69 FEET); THENCE N82'29'14"W A DISTANCE OF 310.85 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 50'28'44", A DISTANCE OF 35.24 FEET (CHORD BEARS N57'14'52"W A DISTANCE OF 34.11 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 70.00 FEET AND A CENTRAL ANGLE OF 280'57'27", A DISTANCE OF 343.25 FEET (CHORD BEARS S07'30'46"W A DISTANCE OF 89.09 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 50'28'44", A DISTANCE OF 35.24 FEET (CIIORD BEARS N72'!6'25"E A DISTANCE OF 34.11 FEET); THENCE S82'29'14''E A DISTANCE OF 310.85 FEET; TIIENCE ALONG THE ARC OF A CURVE TO THE LEFT IIA VING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 08'31'20", A DISTANCE OF 41.65 FEET (CHORD BEARS S86'44'54"E A DISTANCE OF 41.61 FEET); THENCE N88'59'26"E A DISTANCE 90.33 FEET TO A POINT ON SAID WESTERLY RIGHT -OF-WAY BOUNDARY OF QUICKSILVER WAY; THENCE N01'00'34"W ALONG SAID WESTERLY RIGHT-OF-WAY BOUNDARY A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 12,748 SQUARE FEET MORE OR LESS. 1111 W~~~~,M,MI~ft\!,lli',l-lll.lla\1,lj,',tl~~ IM'U~ IIIII Receptlon~: 785078 04/26/2010 11:11:00 AM Jean Alberico 7 of 11 Reo Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO 20 FOOT PUBLIC UTILITY EASEMENT A STRIP OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECfiON 27, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP CROSSING LOTS I, 2, AND 3 OF QUJCKSILVER COURT SUBDIVISION; SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (BEARINGS REFERENCED TO N00'53'38"W BETWEEN THE NORTH-WEST 1116 CORNER OF SECTION 27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1116 CORNER OF SECTION 27, A REBAR & CAP. LS#9009 IN PLACE.) COMMENCING AT A POINT ON THE WESTERLY RIGHT-OF-WAY BOUNDARY OF QUICKSILVER WAY RECORDED AS RECEPTION NO. 636525 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; (WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 27 BEARS N01'27'13"E A DISTANCE OF 698.06 FEET) THENCE ALONG SAID WESTERLY RIGHT-OF-WAY BOUNDARY SOI'00'34"E A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY BOUNDARY S88'59'12"W A DISTANCE OF 708.56 FEET; THENCE S00'46'15"E A DISTANCE OF 600.08 FEET TO THE SOUTH BOUNDARY OF LOT 2 OF SAID QUJCKSIL VER COURT SUBDNISION; THENCE S89'14'04''W ALONG SAID SOUTH BOUNDARY OF LOT 2 AND LOT 3 A DISTANCE OF 20.00 FEET; THENCE N00'46'15"W A DISTANCE OF 1279.87 FEET; THENCE N89'06'39"E A DISTANCE OF 173.74 FEET TO THE WESTERLY RIGHT-OF-WAY BOUNDARY OF QUICKSILVER COURT; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 33'29'38", A DISTANCE OF 35.07 FEET (CHORD BEARS S74'04'43"E A DISTANCE OF 34.58 FEET); THENCE LEAVING SAID WESTERLY RIGHT ·OF· WAY BOUNDARY S00'53 '2 I "E A DISTANCE OF I 0.00 FEET; THENCE S89'06'39''W A DISTANCE OF 186.89 FEET; THENCE S00'46'15"E A DISTANCE OF 639.84 FEET; THENCE N88'59'12"E A DISTANCE OF 708.48 FEET TO THE POINT OF BEGINNING, SAID STRIP OF LAND CONTAINS 43,281 SQUARE FEET MORE OR LESS. ALSO A STRIP OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP CROSSING LOT 1 OF QUICKSILVER COURT SUBDIVISION; SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (BEARINGS REFERENCED TO N00'53'38"W BETWEEN THE NORTH-WEST 1116 CORNER OF SEeTION 27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1116 CORNER OF SECTION 27, A REBAR& CAP LS#9009 IN PLACE.) COMMENCING AT A POINT ON THE WESTERLY RIGHT -OF-WAY BOUNDARY OF QUICKSILVER COURT, (WHENCE THE NORTH QUARTER CORNER OF SAID SECflON 27 BEARS N89'11'39"E A DISTANCE OF 607.91 FEET); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 20'23 '51", A DISTANCE OF 21.36 FEET (CHORD BEARS S20'37' 16"E A DISTANCE OF 21.25 FEET); THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY BOUNDARY S89'06'39"W A DISTANCE OF 715.78 FEET TO THE WESTERLY BOUNDARY OF SAID LOT 1; THENCE N00'53'38"W ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY N89'06'39"E A DISTANCE OF 708.61 FEET TO THE POINT OF BEGININNG, SAID STRIP OF LAND CONTAINS 14,231 SQUARE FEET MORE OR LESS. ALSO A STRIP OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF Exhibit B HOA Easement Deed Pagel of6 11111\1'• m,M,r..l~ I~IIW~,Ir\li~IL litr't 1\U.~~~~ IIIII ReceptlonM: 785078 04(26/2~10 11:1\:00 AM Jean Alberico 9 of 11 Rec Fee:$61.00 Doc Fe•:0.00 GARFIELD COUNTY CO COLORADO; SAID STRIP CROSSING LOTS 4, 5, 6, AND 7 OF QUJCKSILVER COURT SUBDIVISION; SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (BEARINGS REFERENCED TO N00'53'38"W BETWEEN THE NORTH-WEST 1116 CORNER OF SECTION 27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1116 CORNER OF SECTION 27, A REBAR & CAP LS#9009 IN PLACE.) COMMENCING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 7, (WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 22 BEARS S00'07'27"W A DISTANCE 526.56 FEET) THENCE LEAVING SAJDWESTERL Y BOUNDARY N89'52'55''W A DISTANCE OF 54I.85 FEET; THENCE S00'53'21"E A DISTANCE OF 467.43 FEET TO A POINT ON NORTHERLY RIGHT-OF-WAY BOUNDARY OF QUICKSILVER COURT; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 19'17'54", A DISTANCE OF 20.21 FEET (CHORD BEARS N84'47'37"W A DISTANCE OF 20.11 FEET); THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY BOUNDARY N00'53'21''W A DISTANCE OF 465.65 FEET; THENCE N89'52'55"W A DISTANCE OF 111.06 FEET; THENCE S00'53'21"E A DISTANCE OF 377.53 FEET; THENCE S43'25'07"E A DISTANCE OF 13o.48 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY BOUNDARY OF SAJD QUICKSILVER COURT; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 19'19'01", A DISTANCE OF 20.23 FEET (CHORD BEARS S53'10'17"W A DISTANCE OF 20.13 FEET); THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY BOUNDARY N43'25'07"W A DISTANCE OF 135.95 FEET; THENCE N00'53'2l"W A DISTANCE OF 385.66 FEET; THENCE N89'56'24"W A DISTANCE OF 64.43 FEET; THENCE S00'53'2I"E A DISTANCE OF 498.83 FEET; THENCE N89'06'39"E A DISTANCE OF 147.26 FEET TO THE WESTERLY RIGHT -OF-WAY BOUNDARY OF SAID QUJCKSILVER COURT; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 20'24'52", A DISTANCE OF 21.38 FEET (CHORD BEARS SI8'58'23"W A DISTANCE OF 21.26 FEET); THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY BOUNDARY S89'06'39"W A DISTANCE OF 160.04 FEET; THENCE N00'53'2I"W A DISTANCE OF 524.30 FEET; THENCE N5I'57'44"W A DISTANCE OF 684.24 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 4; THENCE N00'04'10"E ALONG SAID WESTERLY BOUNDARY OF LOT 4 AND LOT 5 A DISTANCE OF 25.31 FEET; THENCE LEA V!NG SAID WESTERLY BOUNDARY S51 '57'44"E A DISTANCE OF 701.!9 FEET; THENCE S89'52'55"E A DISTANCE OF 70.82 FEET; THENCE N00'53'2I"W A DISTANCE OF 9.23 FEET; THENCE N03'37'34"E A DISTANCE OF 754.80 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 5; THENCE N89'06'35"E ALONG SAID NORTHERLY BOUNDARY OF LOT 5 AND LOT 6 A DISTANCE OF 20.06 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY S03'37'34'W A DISTANCE OF755.59 FEET; THENCE S00'53'21"E A DISTANCE OF 8.79 FEET; THENCE S89'52'55"EA DISTANCE OF 111.06 FEET; THENCE N00'53'21"W A DISTANCE OF 3.96 FEET; THENCE N49'11'15"E A DISTANCE OF 744.32 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 6; THENCE S00'07'27''W ALONG SAID WESTERLY BOUNDARY LOT 6 AND LOT 7 A DISTANCE OF 26.47 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY S49'11'15''W A DISTANCE OF 709.83 FEET; THENCE S89'52'55"E A DISTANCE OF 536.22 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 7; THENCE S00'07'27"W ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, SAID STRIP OF LAND CONTAINS 2.112 . ACRES MORE OR LESS. 40 FOOT PUBLIC UTILITY EASEMENT A STRIP OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP CROSSING LOT 2 AND LOT 3 OF QUICKSILVER COURT SUBDIVISION; SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (BEARINGS REFERENCED TO N00'53'38"W BETWEEN THE NORTH-WEST 1116 CORNER OF SECTION 27, A REBAR & CAP LS#9009IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR & CAP LS#9009 IN PLACE.) Exhibit B HOA Easement Deed Page 3 o/6 COMMENCING AT A POINT ON THE CENTERLINE OF QUJCKSILVER WAY RECORDED AS RECEPTION NO. 636525 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE (WHENCE THE NORTH QUARTER CORNER OF SECTION 27 BEARS NOI '00'34"W A DISTANCE OF 69.43 FEET); THENCE ALONG THE CENTERLINE OF SAID QUICKSILVER WAY SOl '00'34"E A DISTANCE OF 1251.26 FEET TO THE CENTER-NORTH SIXTEENTH CORNER OF SAID SECTION 27, A 3-114" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE LEAVING SAID CENTERLINE S89'14'04"W A DISTANCE OF 40.00 FEET; THENCE NOI'00'34"W A DISTANCE OF 1251.09 FEET; THENCE N88'59'26"E A DISTANCE OF 40.00 FEET TO THE POINT OF BEGININNG. SAID STRIP OF LAND CONTAINS Ll48 ACRES MORE OR LESS. FIRE PROTECTION. UTILITY. AND DRAINAGE EASEMENT A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL CROSSING LOT 5 AND LOT 6 OF QUJCKSILVER COURT SUBDMSJON; SAID PARCEL BEING MORE PARTICUARLY DESCRIBED AS FOLLOWS: (BEARINGS REFERENCED TO N00'53'38"W BETWEEN THE NORTH-WEST 1116 CORNER OF SECTION 27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1116 CORNER OF SECTION 27, A REBAR & CAP LS#9009 IN PLACE.) COMMENCING AT THE SOUTHEAST CORNER OF LOT 6, (WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 22 BEARS S83'29'07"E A DISTANCE OF 547.02 FEET); THENCE ALONG THE NORTHERLY RIGHT-OF-WAY BOUNDARY OF QUJCKSILVER COURT ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 42'02'33", A DISTANCE OF 44.03 FEET (CHORD BEARS S74'05'55"W A DISTANCE OF 43.05 FEET) TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N43'25'07''W ALONG THE WESTERLY BOUNDARY OF SAID LOT 6 A DISTANCE OF 132.36 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY N00'53'21"W A DISTANCE OF 381.60 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY N89'56'24"W A DISTANCE OF 84.43 FEET TO AN ANGLE POINT ALONG THE WESTERLY BOUNDARY OF LOT 5; THENCE N00'53'2l"W A DISTANCE OF 169.89 FEET; THENCE S90'00'00"E A DISTANCE OF 95.55 FEET TO THE WESTERLY BOUNDARY OF SAID LOT 6; THENCE N03'37'34"E ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 94.13 FEET; THENCE LEAVING SAID \VESTERLY BOUNDARY S53'18'46"E A DISTANCE OF 103.69 FEET; THENCE S40'48'45"E A DISTANCE OF 58.37 FEET; THENCE S90'00'00"E A DISTANCE OF 155.51 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 6;.THENCE S49'11'15"W ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 212.oJ FEET TO AN ANGLE POINT ON SAID EASTERLY BOUNDARY; THENCE CONTINUJNG ALONG SAID EASTERLY BOUNDARY S00'53'2l"E A DISTANCE OF 485.15 FEET. TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 2.567 ACRES MORE OR LESS. 20.0 FOOT WELL AND UTILITY EASEMENTS A STRIP OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRJP CROSSING LOT 3 OF QUJCKSILVER COURT SUBDIVISION; SAID STRIP BEING 10.0 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: (BEARINGS REFERENCED TO N00'53'38"W BETWEEN THE NORTH-WEST 1116 CORNER OF SECTION 27, A REBAR & CAP LS#90091N PLACE AND THE WEST 1116 CORNER OF SECTION 27, A REBAR & CAP LS#90091N PLACE.) COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27, A 3-114" ALUMINUM CAP LS# 19598 IN PLACE; THENCE Sl4'24'07"W A DISTANCE OF 908.26 FEET TO A POINT ON THE WEST LINE OF SAID LOT 3 OF QUICKSILVER COURT SUBDIVISION, THE POINT OF BEGINNING; THENCE Exhibit 8 HOA Easement Deed Page 4 of6 LEAVING SAID WEST LINE N89"13'45"E ALONG SAID CENTERLINE A DISTANCE OF 307.23 FEET TO THE POINT OF TERMINUS. (WHENCE THE NORTH QUARTER CORNER OF SECTION 27 BEARS: N39"25'45"E A DISTANCE OF 679.12 FEET). SAID STRIP CONTAINS 6,144 SQUARE FEET MORE OR LESS. ALSO A STRIP OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP CROSSING LOT 3 OF QUICKSILVER COURT SUBDIVISION; SAID STRIP BEING 10.0 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: (BEARINGS REFERENCED TO N00"53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION 27, A REBAR & CAP LS#90091N PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR & CAP LS#9009IN PLACE.) COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27, A 3-l/4" ALUMINUM CAP LS# 195981N PLACE; THENCE S31"30'02"W A DISTANCE OF 838.93 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 3 OF QUICKSILVER COURT SUBDIVISION, THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE N00"53'40"W ALONG SAID CENTERLINE A DISTANCE OF 200.63 FEET TO THE POINT OF TERMINUS. (WHENCE THE NORTH QUARTER CORNER OF SECTION 27 BEARS: N40"37'17"E A DISTANCE OF 678.09 FEET). SAID STRIP CONTAINS 4,013 SQUARE FEET MORE OR LESS. ALSO A STRIP OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP CROSSING LOT 5 AND LOT 7 OF QUICKSILVER COURT SUBDIVISION; SAID STRIP BEING 10.0 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: (BEARINGS REFERENCED TO N00"53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION 27, A REBAR & CAP LS#90091N PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR & CAP LS#9009IN PLACE.) COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22, A 3-1/4" ALUMINUM CAP LS# 195981N PLACE; THENCE N75"05'05"W A DISTANCE OF 787.70 FEET TO A POINT ON THE WEST LINE OF SAID LOT 5 OF QUICKSILVER COURT SUBDMSION, THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE N89"06'39"E ALONG SAID CENTERLINE A DISTANCE OF I 33.23 FEET TO THE POINT OF TERMINUS. (WHENCE THE SOUTH QUARTER CORNER OF SECTION 22 BEARS: S7 1"56'08"E A DISTANCE OF 660.50 FEET). SAID STRIP CONTAINS 2,665 SQUARE FEET MORE OR LESS. ALSO A STRIP OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP CROSSING LOT 6 OF QUICKSILVER COURT SUBDIVISION; SAID STRIP BEING 10.0 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: (BEARINGS REFERENCED TO N00"53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION 27, A REBAR & CAP LS#90091N PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR & CAP LS#90091N PLACE.) COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22, A 3-1/4" ALUMINUM CAP LS# 195981N PLACE; THENCE N80"43'56"W A DISTANCE OF 551.09 FEET TO A POINT ON THE WEST Exhibit B HOA Easemenl Deed Page 5 of6 II II Wfl'.~o liffllP'JitM'J I!IIJtfftr~·l,~rft~IAA:HU~ IIIII Reception#: 785078 04/;26/2010 11: 11:00 AM Jean Alber leo 11 or 11 Rec Fee:$61.00 Doc Fee:D.0Q GRRFIELD COUNTY CO LINE OF SAID LOT 6 OF QUICKSILVER COURT SUBDIVISION, THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE S73'49'36"E ALONG SAID CENTERLINE A DISTANCE OF 153.16 FEET TO THE POINT OF TERMINUS. (WHENCE THE SOUTH QUARTER CORNER OF SECTION 22 BEARS: S83'22'27"E A DISTANCE OF 399.47 FEET). SAID STRIP CONTAINS 3,063 SQUARE FEET MORE OR LESS. Exhibit B HOA Easement Deed Page6of6 "" @ ~1 @ @> @ \}t._.vV\ Tract 11 Tr.Jcl tO Ttact9 Tract S Troctl fl LotS VV" ~ \', "'-f" @ @ @> @> Tmr:f14 ;1 Troct6A II T~ct6 v @ @J @ Tmct15 Tt:Jct 16 Tl7d11 Tr.JCI5 I LDI1 @ I @ -.. 1 28 ~ @ @ Tract 4 Tmct19 @ BL M -L I Loti!" @ Lot2 @ Ttact4A @ Gfll-') /1 t..-J tt -l..l t--vr -vut "'-. Z.t l l G./1...-o (-<7<>~ (...(. oo c.f 2-(77 ,_?2->-o L -cof 2-i //-2-fo"Z:-00-Cf)~ )? cb'- C.,.,( (JQ., ·i 7o<-> <S{?.,_;<- I'L 'A.e- @ f 7~l~. '!-. r~~~ @ Tmct1A {--lltr .e. ;,.1~ • @ Tr.ct t @ Tmct3A @ /Y/4<-iL.lM TvJ .) l c.-<--v ~ ,. 0 .rt..I2A= 4'e. fl-/V<-(l...i SJ T....._._ '--"( P~ @ f> tV I co J e-lY' , 2-0 I -2-l. 1 -oo-t.{ot:; v i 12 7-l.-'{ -oo -:>~ ?, 17 7 -2-'Z.'i .. -0 () 1--z.(.,l @> l 1-----, c-1.1 @ j @> @ :;> «" 7~-r / g'9 / ~ rrJ:. J lq j2Jf2&...o j7 fc-J ~ ~~(. ,. ~. f6 !-~ 1 r..f) ~~ l. "'( G~~ Sfss . '? /(o I /-/--rt:J~~. G~ oyLJ . I\ s-s ~u tc-lC~, ( v<A-~ [1r?-f e_ I v{c.)Z:) .• ~' f//{pO l L < 1rs j e-l-0Z-II (l~voc-/.t-1--7Le.. t~JJ · ~'U~ 'T0--vur-. fV 2-4'! · \ ~ '1 t . cP(.)_V\. +c p.ol 'S I 9 _ fLJ p~ I . Gz> ~ { c,._s-o " p;4-c-/< ( 1"Y1 1 Tc-11Tf'vt e1. ,;U) c_o I e- looo ~<9-/L iJ'~K !:" f2J (2J Pf7 CeJ f {G's --o r e_.r{-~~<i!..1 l~v ~ .~> D e.hot?..A-H . r . L e~~, v~ e.- lJ o o G.? .\_, 1 c..-lcn { ve./L :r ~ ~p~ eo· g--(c~s-d -Utt f2_ ~· ~eA/Ie.ve.:.. VA-feh.z_ 5/t Ced~ l]~~ /kl. It~ Co <?/tJ-o . r F~"lc.JC S'vttul+<-. /. tJ c/ · ~4-<t.. /J/1-eec. ks !?/ . ;t,/~ G--o t?lti7:> I . . . T """-"'l "-. u e-r>-y { '---"'-f-/l.,_V~.<-S E. . (,~ 1 tf!..,lt..-IC>dJM. L.V-1-y f.-; I~ Cr;J r?( ~.rv . . ( --. .r~nr1 ;,4-Q iJ 1 .J,-5 18/lA \ <fq "2- Ff'-J ( ~ '. 0 v' Cl) . ~ c:n Cl) ~ 0 c.? ~-~ '"0 >. -~ >. ]. .,., til til "' c.!J M - ,,,, GARFIELD COUNTY Building & Planning Department 1 08 81h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY PARCEL NUMBERS: 217722301005/217722301006 DATE: December 10, 2010 PROJECT: Amended Plat-Quicksilver Court Subdivision, lots 5 and 6 OWNER: GH Daniels, Ill PRACTICAL LOCATION: South Rifle TYPE OF APPLICATION: Amended Final Plat-Administrative Review I. GENERAL PROJECT DESCRIPTION Applicant seeks to amend the common lot line between lots 5 and 6 of the Quicksilver Court Subdivision. 11. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Division 4 (Common Review Procedures and submittal requirements) 4-101 to 4-104 • Proof of Ownership (title commitment or deed); • Names and mailing addresses of owners of properties within 200' of subject lot, list and indicate those properties on an assessor map (check online for map); • If owner is a Trust, LLC or Corporation then a recorded statement of authority is required-if ownership is by personal name then this is not applicable; • If owner has a representative to complete this application process a letter of authorization is required. Section 5-502-submittal requirements: 1. Copy ofthe Pre-Application Conference Form; 2. Application Form and Fee; 3. A copy of the proposed Amended Final Plat; 4. Narrative of request and any supporting documentation; 5. Amended plat pursuant to state statute and 5-502 C.5. I \ Ill. REVIEW PROCESS a. Pre-application Conference b. Submittal of application c. Assignment to a Planner-review for technical completeness d. Upon determination of a "complete" application several things happen concurrently: i. The date of Director Determination will be set (within 30 days) ii. Public Notice to adjacent property owners is completed by the applicant {staff will provide the document to mail, certified mail return receipt requested); 111. Additional copies of the application materials are requested-for referral agencies e. Planner reviews application and referral responses and completes a report of the project f. Director makes a determination on whether to approve, approve with conditions, or deny the application g. Applicant obtains certain signatures on a "mylar" of the plat and submits to staff h. A 10-day call-up period occurs with the Board of County Commissioners given the option to require a public hearing i. If no call-up is requested then the amended plat is placed on the Board Consent Agenda and, once signed by the BOCC, is recorded. Public Hearing(s): None, unless application is called-up to the Board Referral Agencies: County Surveyor, Attorney IV. APPLICATION REVIEW FEES a. Planning Review Fees: $100.00 b. Referral Agency Fees: $ 0.00 TBD for Survey review c. Total Deposit: $100.00 {additional hours are billed at hourly rate) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change In the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. December 10. 2010 Date 783479 03/19/2010 11 :19:01 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $6.00 Doc Fee: $0.00 eRecorded Original Note and Deed of Trust Retumed to: G. H. Daniels Ill WHENRECORDEDRETURNTO: 140GHDanielsBLvd Gypsum, CO 81637 PrcpMed/Reoeived by: Lillian Wheeler REQUEST FOR FULL ~/PARTIAL 0 RELEASE OF DEED OF TRUST AND RELEASE BY HOLDER OFUIE EVIDI:NCE OF DEBT WITHOUT PRODUCTION OF EVlDENCI OF DEBT PURSUANT TO ~lK-39-102 (I) (1) AND (3), COLORADO REVISED STATliTES) """ G. H. Daniel III _ Original Grantor (Borrow) 140 GH Danie]§ Blvd CWTenl Address of Original Granlot, 7 Assuming Party, ocCurrent (hv~ n Check here if cun-ent addres5 is unknown ~ricMn NmiDw.l &mil Original Beneficiary (Leo:!er) " Dau~ of Deed of Trust Dale ofRI!conlingandlor Re-Recording of Deed of u Trust Gnrfidd 65604" 1605 303 Rewrdiog lnformatioo Co~.~a>ty Rep:, No. ill>dlor film No. and/or Book/Page No.IUldlor Torrens Reg. No. TO THE PUBLIC TRUSTEE OF Garfield COUNTY (The County of the, Public Trustee: who is the awopriate Grantee to wbom tile abo~ Deed of Trust should grant an intcrcsl m the prvper1y described in that Deed of Trust.) PLEASE EXECUTE AND RECORD A RELEASE OF DEED OF TROST DESCRJBED ABOVE. The indebledness seeured by lhe Deed oiTntst bas been fully or p&rtially paid and/or lhe purpose oflhe Deed ofT rust bas. been fully or pani1lly satisfied in rep;rd to the property ellCumlx:rOO by the 1kcd ofT rust as described therein as to a full relea~ or, in the event of a partial release, only that PQrtif;>ll of !he real property described as: (IF I«J LEGAL DESCRIP'TION IS USTED THIS WJLL lJE DEEMED A FULL RELEASE.) Pw-suant to §38-39-102 (3), Colorado Ro:viscd Statutes, in suppon ofthis Request for Release of Deed ofTrost, tbe undersipted. as the raolder ()[the evidence of debt secUJed by lbe Deed of Trust described abo~, or a Title Insurance Company authorized to request the release of Deed of Trust pursuant to §38-:;19-102 (3) (c), Colorado Revised Statu!es, in lieu oft be production ore:thibition of tile original evidence of debt with this Request for Release, certifies as follows: l. The purpose of the Deed orTrusthas been fully or parll&lly sati!<fied. 2. The ori{;islal evidence of deb! is not being e>:hibite<:l or prodiKed hcr.: .... ;tll. 3. It is ooe of the eJ~tities (daeclt applicable box): a. 1:8] The hokler of !he orisinal evidence 1>f deb( that is a qualified holder, as specified in §JS-39·102 (J)(a). OJ lorado Rc:vis~d Stan&~es. that agr=o; that is obligD.tcd to indemnify the Publoc Ttllstec for any ucl all dam;iges. o:Jst, labilities, lllld reasonal:>le anOtlle)' fees incurred as a ~It of the Bction of the Public TJUstl!t taken in ..,;cord.rlce with this R!xjuost fot Release; b. 0 The 1\())der of the evi<.lcncc of debtreqlleStit'lg the Telease of a. Deed ofTrusl withou.t producing or exhibiting the original evidtRCC of debt that delivers to the Public Trust« a Corporate Surety Bond as specified in §JS-39-102 (3) (b). ColoDdo Revised Sututcs; or c. 0 A Title Insw-lllle<: Company ti~~n:o.ccl ~ndqualified in Colorodo, II$ s~fK>d in §:'IS-3,_102 (3) (c), C<>lorado Revi:;cd Statu.tcs. lhnl H~ that it is obli(l!ted tO indtmllify the Pubhc Trusll:c plii'SWIRI to stal\lte as~ teSUit of !be action of the Public Tru$1ee taken in ~ceordance with this Reqoest for Release all([ that has ""used the indebtOOocss secured by the Deed ofT rust to be Slllisficd in full o~ in the case of a Partial Release. to the cxten! roquired by the holder of !he indebtednas. Anterican Natio11111l Bank, 0050 Chambers A venue. Eagle. CO 8163 I Name and Address of !be Holder of the EvidenCe <iC Debl-Secwcd by ~ofTrust(Leruier) or name and address of the Title ln~~~n~~ce Company Authorized 10 Request !be Release o( Deed ofT ruse SiSJultlie---• '-,: / ' '-' State ofColora/o, County of~ The forgo ins: Reqw:st for Release W3S aeknowk:dged before me on Mm:h 16 "0JO(du!c) by• Doneen S;myey Loo.n Admi.nisrrarion Officer Signntllfl: .. (I l'J?f / . .'')/:./7 Dille CommissiOn Expires "If applicablJ, insert• tide ofoffiec:r and n~111e ofcorrC(;t.owner and holder i l'ubli.:; T ru~t~~ u"" <>nly ll.'>e .:r.pprvpual" l~t...lJ IPT seal) ,..,./"" -\NOt<l //t:_ -~__~ N;~blic (If applicuhle. Nanwund AdJr.:J:.S of P<!l'$<)n CI"!Qfltt[, musRequm.'<iby§J8-J~ ________ __ o 2009 (.."PTA. All ril:hls reserved. --. Robert A. Slide,)!Wifi 19, 2010 1 l'r''HAIT'1 ' ·~·r 782001 02/16/2010 01 :59:35 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $6.00 Doc Fee: $0.00 eRecorded Original NO(e and Deed of Trust Returned to: George H. Daniels Ill WHEN RECORDED RETURN TO: 140 G H Daniels Blvd. Gypsum, CO 81637 Prep(ll"ed/R.e(:eived by: Lillian Wbeel« REQUEST FOR FULL [g! /PARTIAL D RELEASE OF DEED OF TRUST AND RELEASE BY HOLDER OF THE EVIDENCE OF DEBT WITHOUT PRODUCTION OF EVIDENCE OF DF.RT PURSltANTTO §38-39-102 (l) (a) AND (3), COLORADO REVISED STATUTES) ~~~~i~~!~~~~~~~~~~~~~~~~~~~~ Date Original Grantor (Borrow) 140 G H Daniels Blvd Cl.uTent Mdress of Original Grantor, G sum 0 8.1637 Assuming P.u1y, or Current Owner 0 Check here if euoent address is 1mkoown Atnerican National Bank Original Beneficiary (Lendet) , 4 ., Date ofDeOO of Trust Date of R.eoon:ling andfor Re-Recording of Deed of Janu 9 2 8 Trost arfi 7408 Reco~·ding Jnforn1ation COW'IIy R.cpt. No. and/or Fihn No. andlor Boot/Page No. and/or Tocraos Reg. NO. TO THE PUBLIC TRUSTEE OF~ COUNTY (The CO\mty of the P>,sblic 1'"1~ee who~ the appropriate Grantee to whom the above Deed ofTru~ should grant an iDTerest io the property described in that Deed ofTr~.) PLEASE EXECUTE AND RECORD A RELEASE OF DEED OF TRUST DESCRJBED ABOVE. The indebtedncs:o secured by the Deo:<i of Trust has been fully or putially paid aM/or the pwpose of the Dee4 of Trust lw; beat fully or paniaUy satisf!Cd in regard to the property encumbe~ by 1he Dc:ci<;~fTrwt udc~ibed therein ~5 to 11 full n:le~e ~.in the .,...,..,t of a p.mial n:lene, only that p0nion of the real prop .:tty described u: (IF NO LEGAL DESCRIPTION IS LISTED THIS MU. BE DEEMED A FCJLL RELEASE.) Pli(Suant to §38-39-102 (3), Colorado Revised Statute&, in support of this ReqllCst for Releas<l of Deed ofTrUSI, t~ undersi!;;l)t:<l, as the holder of the evidence of debt secured by the Deed of Trust described above, or a Title lnsurance Compaoy authonzed to request the release of Deed of Trust pursuant to §38-39-102 (3) (c), Colorado Revised Statutes, in lieu oftheprodltCtion or c:UibilioD of the original evidence of debt with this Request for Release, certifies as follows: I. The. purpose of the Deed ofTmst has been fully or partially s.arisfied. 2. The original evidence of ,deb( is not being exhibited or produce.:l berew;lh. 3. It is ooe of the aotities (check applicable box). a. tzl The b.olderofthe orig1.11~l evidence of debt that is a qunlilled holder, as specified in §38-39-102 (3) (a), Colorado Revised Statulo:$,thnl a.grec.: !hat is obliptcd to indemnifY the Pubti' Trustee for any and all dam3~s, cost, liabili~~. ""d n:asonotble attorney f«S ill(:l!l'T'ed Mil result of!he action oflhe Publi~ Trustee takeu in .-.ceordance with lhi$ R-equest for Rclense; b. 0 The holder oflhc e•"idmce of deb< ~questing the release of a Deed ofTru.'l! without producing or exhibiting the oril;(nal evidence of debt. that deli\'Crs to the Public Trusto:t: • Corpoallc Surety Bond as Specified in §Jg.J9-102 (3) (b), Colorado Revis<:d Statutes: or c. 0 A Title Insur2.11ce Company licalsed and qualified in Cokmodo, as sp•"if>ed in §J&-39-102 (3) (c), Col<>rado Revised Stllluto=;:, that agrees that it is oblig.atcd to indemnify !be Public Tnl.'ltee pwsuw to S!atule as a n:$ultofilie action of the Public Trustee tal:en in accordance wi!h this Requnt for Release and thm has caused tbe indebtedness se.;uTCd by the Deed ofT niSI to t>o: ~tisfied in full, or i11 the case of a P.anial Release. totheextent required by the bolder of the Ddebtedncss. American National Bank, 0050 Chambers A~·enue, Eagle, CO 81631 Nnme and A~s.s of the Holder ofthe EvidCnce of Debt Secured by Deed ofTmst(Lender) oc name and ~css of the Title lnsurauce Company Autlmri:.:t=d to Re<ju~~t the R..:lell.'le of Deed ofTrwt Doncen Sa~er, loan Adminis(ration Offi(er Name, Title aDd Address of(iffieer, Agent,-or An.omey of the Holder of !be EVidence Or ~bt Sec~d't;yo~~d of TrUst (L:nde~) · :IUl Nation~! a.ml$n1 Norlh 6'' Street, Gnmd Junction. CO 81~1 QTAR)-" ~ ••••••• ,(>~ :. •• •• v Sisnattrre State of Colorado. County of f:ka .·· e ··. ~ The forgomg Request for Release was acknowledged belbre meon&bmm•II 29!0(date)by* :· il'o~ \ <::. ot:~tl• ~·a]) ....q 11.-y.l\l :. 0 ~! .s-'11 • : Doneen Sawver Loan Administration Officer T/l•t ·5T3T:(T--· -----oat"e Commission Expires •ifapplfcoab!J, insert tftkl of oflie<:r and name Qf con-eet owner and holder .. · ~.._ rrlt : /·-<'' •• •• Notary Public,-.. ··-~<lea{.········O:.:,(:_, .-·01 (···~,\-~ RELEASE OF DEED OF TRUST l·I-._-;;;.:·;-~~:5 .. WHEREAS, the Grautor{s) oamed abo~e, by Deed of Trust, gl'lii!r.:d ccrlain n:al JIRlp<:rl)· describd in the Deed of Trust to the Public Trustee of the County refecenced abow, in the State of Colorado, to be held in truSI10 so:ure the ~ent of the indebtedness referred 1o dterein: and WHEREAS. the indebtedness secW"ed by !he Deed of Trust has bo:en fully or pa.rtially.paid andlot the p~e of the Deed ofT rust hll$ beel• fully or pa.rlially satisfied a~ordanl!. to the written re<jtlelil of the h<.>lder of the evidence of debt or Title Insurance ComP'lny authoriT.ed to request !he release of !he Deed of Tmst; NOW TI-IEREfORE. in con!ii<.kfatooo oftbc premises and 11>( paym~11t of the $tlltui.OI)' SOUJI, re<;eipt of which is he..., by acknowled~, (,as the Public Tw:;tce in the Counly nomed nbove, do llereby fully and absolutely rde~~&e, cnocel and discllarge ;aid Dr:ed~· T st or that po · of the · renl property described above in the Deed of Trust, ~ · .. · .. :ges :and appt1t1e1 s tmreto belongmg.. "_::----·-~~, . :;r. ""'?o 1 Puhlio; Tw,te~ u_-;.: only •'!.<: ~)>pmprill1~ M><~l,l ~~~ S£.AL ;:: Public Trustee ~ tth_~ ....... A~ OqlutyP ae ~~-=-::: .,;;_, ~~ (II ~~>ph.:::•hle·. l\·ol·.ur \'ubi.-) ''"h'''"-4. ·~ !.B _:f:-;? ""'--~ A....__';. _L (fjoppficab/e, Nmn~ and A4dres~ <'{P<'rron Creating t'fCW ues,·npuonllSIU!q~ircd 38-JJ-106.5, C<II<Jrado Revised S/4111/C~.) ~·;~~_;CPT.>\. All r~u reset\ eel~ ·.-::-::=:::---·-.. ·7"".~.---:_7.-·-· .. ROberi::J[: ·.Siade-:·~§~0 10 II II Ml'• F~,,ir.7: ,r,tl~ fiiiiLNCiiA flf~IW.Iit. Mol~·~ IIIII Recaption#: 785077 0412612010 11, 11 :0Cl AM Jean Ribar leo 1 ol 26 Rec: Fee:$136.0G Doc Fee:0.00 GRRFIEI..D COUNTY CO DECLARATION OF PROTECTIVE COVENANTS QUICKSILVER COURT SUBDIVSION This DECLARATION OF PROTECTIVE COVENANTS (the "Declaration"), effective this J1 nt day of 1"-'lr.\l((;H 201 o, is made and entered into by the G.H. Daniels, III and Gregory Hasenberg (collectively referred to herein as the "Declarant"). RECITALS A. Declarant G.H. Daniels, III is the owner of that certain real property situated in Garfield County, Colorado, known as Lots 4, 5, 6 and 7 of the Quicksilver Court Subdivision, as defmed below, a resubdivision of Lot 2, Grass Mesa Ranch. B. Declarant Gregory Hasenberg is the owner of that certain real property situated in Garfield County, Colorado, known as Lots I, 2 and 3 of the Quicksilver Court Subdivision, as defmed below, a resubdivision of original Lot 2A, Grass Mesa Ranch. Lots 4, 5, 6, and 7 are collectively referred to herein as the "Property." C. The Garfield County Board of County Commissioners approved the resubdivision of said seven (7) lots on IJ.Ir5/d! via Resolution No . .Joo8' ·l3 8' D. The Property is subject to the Governing Documents of Grass Mesa Ranch, including the Declaration of Easements, Restrictions, and Covenants for Grass Mesa Ranch, recorded at Reception No. 342693 on June 7, 1983, the First Amendment thereto recorded at Reception No. 471633 on December 2, 1994, the Second Amendment thereto recorded at Reception No. 482601 on September I, 1995, the Third Amendment thereto recorded at Reception No. 485187 on November 7, 1995, the Fourth Amendment thereto recorded at Reception No. 489419 on February 26, 1996, the Fifth Amendment thereto recorded at Reception No. 599775 on March 25, 2002, the Correction to the Fifth Amendment recorded at Reception No. 602916 on May 7, 2002, the 61h Amendment thereto recorded at Reception No. 637310 on September 25, 2003, and the 71h Amendment thereto recorded at Reception No. 650236 on Aprill5, 2004, all of which are recorded in the real property records of Garfield County. E. The Property is also subject to the Governing Documents of the Grass Mesa Ranch Homeowners' Association, including the Articles of Incorporation and Bylaws. F. In addition, Declarant has formed the Quicksilver Court Subdivision Homeowners' Association, a Colorado non-profit corporation, to exercise the functions set forth herein and to own, lease, hold, operate, care for and manage certain property -including the water distribution system, Quicksilver Court, and the Fire Protection, Utility, and Drainage Easement and Right-of- Way -for the common benefit of Owners and Occupants of Lots within, and of any other person acquiring an interest in, the Property. G. Declarant now desires to establish additional covenants, conditions and restrictions upon the Property with respect to the proper use, occupancy, improvement, and enjoyment thereof, all for the purposes of enhancing and protecting the value, desirability and attractiveness of the 1111 WJI'o.P~,,I\f:,M~ r-D.!W:I.tlllft'll. ti!J1.11411.1¥lflll·>& IIIII Reception~: 785077 04126/2010 11:11:00 AM Jean Alberico 2 of 26 Reo Fee:$136.00 Ooo F•e:0.00 GRRFIELD COUNTY CO Property. ARTICLE I DEFINED TERMS To supplement the definitions provided for in the Bylaws, the following terms shall have the meaning set forth below; provided, however, that, except as otherwise specifically provided herein and in the Bylaws, all terms used herein shall have the same definition as in the Colorado Common Ownership Interest Act and the Colorado Revised Nonprofit Corporation Act: 1.1 AccessorvDwelling Unit or ADU. Accessory Dwelling Unit or ADU shall mean a separate additional living unit, including separate kitchen, sleeping, and bathroom facilities, attached or detached from the primary residential unit, as more particularly defined in the Garfield County Unified Land Use Resolution of 2008, as amended, and herein. 1.2 Act. The Act shall mean the Colorado Common Ownership Interest Act, codified at C.R.S. §§ 38-33.3-101, et seq., as amended. 1.3 Allocated Interests means the Common Expenses liability and the votes in the Association allocated to each Lot, as further described in Section 3.2. 1.4 Architectural Review Committee or Committee. Architectural Review Committee or Committee means the committee appointed by the Board of Directors for the purpose of implementing the architectural review provisions of this Declaration and architectural guidelines for the Community to insure proper use, appropriate Improvement, and harmonious additions, alterations, and Improvements within the Community. 1.5 Assessment or Common Expense Assessment. Assessment or Common Expense Assessment shall include all common expense assessments, insurance assessments, utility assessments, and any other expense levied to Lots pursuant to this Declaration or the Act, including interest, late fees, attorney fees, fmes, and costs. 1.6 Association. The Association shall mean and refer to the Quicksilver Court Subdivision Homeowners' Association, its successors and assigns. l. 7 Board of Directors or Board. Board of Directors or Board shall mean the body, regardless of name, designated in the Governing Documents to act on behalf ofthe Association. 1.8 Common Elements or Common Area. Common Elements or Common Area shall mean to the extent of the Association's interest therein: (a) all real and personal property, including Improvements, now or hereafter owned or leased by the Association; (b) all Common Areas now or hereafter owned, leased or maintained by the Association, together with all improvements thereon-including Quicksilver Court; (c) all easements created or reserved on any Plat or in this Declaration, as amended, or in any separate agreement, for the use and benefit of the Association Declaration of Protective Covenants Quicksilver Court Subdivision Page2 1111 ~ .. n.~.i\':,QII~ 11'1\ rl'ICWil! !till fH'tllf~f'"lU-llllll Reception~: 785077 04/26/2010 11:11:00 ~M Jean ~lbarico 3 of 26 Reo Fee:$136.00 Doo Fee:0.00 GRRFIELD COUNTY CO and/or the Owners, including the Public Utility Easement, Well and Utility Easement, Quicksilver Court Right-of-Way, and Fire Protection, Utility, and Drainage Easement; and (d) the Water Distribution System, as defined herein. l. 9 Common Expenses. Common Expenses shall mean and refer to all expenditures made and liabilities incurred by or on behalf of the Association, together with any allocation by the Association to reserves. 1.10 Common Interest Community. The Common Interest Community or the Community shall mean the Planned Community and its real property known as the ''Quicksilver Court Subdivision," as further defined by, and subject to, the Plat and the Governing Documents, all of which is located in Garfield County. 1.11 Declaration. Declaration shall mean and refer to this Declaration of Protective Covenants for the Quicksilver Court Subdivision, as amended, recorded in the office of the Clerk and Recorder of Garfield County, Colorado. 1.12 Governing Documents. Governing Documents shall mean the Articles of Incorporation, the Bylaws, the Declaration, the Plat, and any Policies and Procedures adopted by the Association, as they ·may be amended. 1.13 Improvement. Improvement means any improvement, structural or otherwise, alteration, addition, repair, excavation, grading, landscaping or other work which in any way alters any property within the Community, or the improvements located thereon, from its natural or improved state existing on the date this Declaration, as amended, was first recorded, including, but not limited to, dwelling units, including AD Us, buildings, outbuildings, additions, swimming pools, patio covers, awnings, the painting, staining or other change of any exterior surfaces of any visible structure, walkways, outdoor sculptures or artwork, sprinkler or irrigation systems, garages, carports, roads, driveways, parking areas, ponds, ditches, fences, screening walls, retaining walls, stairs, decks, flag poles, fixtures, landscaping (including the addition, alteration or removal of any tree, shrub or other vegetation), hedges, windbreaks, plantings, planted trees and shrubs, gardens, poles, signs, tanks, solar equipment, wind harnessing or other energy generating equipment, exterior air conditioning, water softener fixtures, utilities, antennae and satellite dishes or receivers. Once an Improvement has been constructed or accomplished on a property within the Community, any subsequent alteration of or addition to or removal of that Improvement shall also constitute an Improvement hereunder. 1.14 Lot. Lot shall mean and refer to any of the Lots shown upon the Plat of the Property, together with all appurtenances thereto and improvements now or hereafter located thereon, with the exception of the Common Areas. 1.5 Member. Member shall mean any Owner. The terms "Member" and "Owner" may be used interchangeably herein. Declaration of Protective Covenants Quicksilver Court Subdivision Page 3 1111 W.~o ~~,,i"Lf.',M~ N\".M~~I'JI, rtf\ flllo~~ ,ttr:n~ IIIII Reception~: 785071 04/26/201Q 11:11:00 AM Jean Alberico 4 of 26 Reo Fea:$136.00 Doc Fee:0.00 GARFIELD COUNTY CO 1.16 Notice. Except as otherwise stated in the Governing Documents, Notice shall be made by transmitting information by US mail or electronically -by facsimile, email or posting to a website-to the Owner's mailing address, email address, or facsimile number, as appropriate and as it appears in the records ofthe Association. In addition, the Association shall post all such notices in a conspicuous place, if possible. All notices to the Association or the Board shall be delivered to the Association's Registered Agent, on record with Colorado's Secretary of State. 1.17 Notice and Hearing. Notice and Hearing shall mean written notice delivered to an Owner(s) at the last known address of record via certified U.S. Mail, return receipt requested, and an opportunity to be heard at a Special Meeting of the Board of Trustees, to be held no more than five (5) business days after notice is given. The Notice shall include the Hearing date, location, time, and agenda. 1.18 Officer. "Officer" shall mean any person designated as an Officer of the association and any person to whom the executive board delegates responsibilities Wider the Act, including, without limitation, a managing agent, attorney, or accountant employed by the executive board. 1.19 Owner. Owner shall mean the owner of record title, whether one or more pezsons or entities to any Lot which is a part of the Property, including contract sellezs, but excluding those having an interest merely as security for the performance of an obligation. The terms "Member'' and "Owner'' may be used interchangeably herein. 1.20 Planned Community. Planned Community shall mean the Common Interest Community, which is not a condominium or cooperative. 1.21 Plat. Plat shall mean the Final Plat of the Quicksilver Court Subdivision, recorded in the real property records of Garfield County on~ at Reception No.71$'673in Plat Book !j!A._. Page !fA_· 1.22 Property. Property shall mean the real property described herein, together with all easements, rights, and appurtenances thereto and the buildings and Improvements erected or to be erected thereon, all of which are located in Garfield County and further described in, and subject to, the Plat and Governing Documents. 1.23 Policies and Procedures. Policies and Procedures shall mean those policies, procedures, and rules and regulations adOpted by the Association, as required under the Act, at C.R.S. § 38- 33.3-209.5(l)(b), and concerning: (I) Collection of unpaid assessments; (II) Handling of conflicts of interest involving board members; (Ill) Conduct of meetings, which may refer to applicable provisions of the nonprofit code or other recognized rules and principles; (IV) Enforcement of Declaration and rules, including notice and hearing procedures and the schedule offines; (V) Inspection and copying of association records by Lot Owners; (VI) Investment of reserve funds; (VII) Procedures for the adoption and amendment of policies, procedures, and rules; and (VIII) Procedures for addressing disputes arising between the association and Lot Ownezs. Declaration of Protective Covenants Quicksilver Court Subdivision Page4 1111 WJI"o~.F~,,I\',',MIUII!r,Mllf)l fllll,tt'tl 1\tl!..lll\f~,~ IIIII Reception~: 785077 04126!2010 11:11:00 ~1'1 J"ar. Alberico 5 of 26 Rae Fee:$136.00 Doc Fee:0.00 GARFIELD COUNTY CO 1.24 Shared Well. Shared Well shall mean a well shared by two or more Lots. There are three (3) Shared Wells located within the Subdivision. Shared Well! (Permit No. 67567-F) shall serve Lots I, 2 and 3; Shared Well2 shall serve lots 4 and 5 (Permit No. 67565-F); and Shared Wel13 (Permit No. 67566-F) shall serve Lots 6 and 7. 1.25 Single-Family Dwelling. Single-Family Dwelling shall mean the primary residential unit on each Lot. 1.26 Subdivision. Subdivision shall mean the Quicksilver Court Subdivision. Subdivision shall mean Community. 1.27 Water Distribution System. The Water Distribution System shall be comprised of the Shared Wells, their equipment, distribution lines, valves, easements, permits, and West Divide Water Conservancy Contract No. 070215GD(b). The Water Distribution System shall terminate at the location of the totalizing flow meter on each Lot. ARTICLE2 IDENTIFICATION OF COMMUNITY 2.1 Name and Ty:pe. The type of Common Interest Community is a Planned Community. The name of the Planned Community is the "Quicksilver Court Subdivision." The name of the Association governing the Community is the "Quicksilver Court Subdivision Homeowners' Association." 2.2 Property. The Planned Community is located in Garfield County, Colorado, which is more particularly described as Lots 1, 2, 3, 4, 5, 6, and 7, Quicksilver Court Subdivision, according to the Plat thereof recorded in the real property records of Garfield County on ~ at Reception No:1'i'S01~ a resubdivision of Lots 2 and 2A, Grass Mesa Ranch. All easements, licenses, and other encumbrances to which the Community is subject, as of the date of recordation of the Plat, are shown on the Plat or reflected in this Declaration. 2.3 Number of Lots. The number of single-family Lots initially created in the Community is 7. 2.4 Descriotion of Lots. The identification of each Lot is shown on the Plat. Every contract for sale of a Lot, or every other legal instrument affecting title to a Lot, such as a deed, lease, Security Interest, or will, shall legally descnbe a Lot by its identifying lot number, followed by the name of the Community, with reference to the Plat and this Declaration, as follows: Lot __ , Quicksilver Court Subdivision, according to the Declaration of Protective Covenants of the Quicksilver Court Subdivision, recorded in the real property records of Garfield County on , at Reception No. , and the Final Plat, recorded in the real property records of Garfield County on , at Reception No. , a resubdivision of Lot 2 [or 2A], Grass Mesa Ranch. Declaration of Protective Covenants Quicksilver Court Subdivision PageJ 1111 Wil'aF1,,II'a.':,r,JI~IIi/,tWirll~~~~.~l.lll~ lll\t~·o!. IIIII Reception~: 785077 04/26/20HJ 11:11:00 AM Jean i=ilbericc 6 of 26 Rec Fee:$136.00 Doc Fe•:0.00 GARFIELD COUNT~ CO Said reference to the Declaration and Plat shall be deemed to include any supplement or amendment thereto, without specific reference. Such description shall be construed to describe the Lot, and to incorporate all rights incident to ownership of a Lot, and all limitations on such ownership as described herein. 2.5 Owners' Easements ofEnjovment. Every Owner, including the Owner's family, tenants, and guests, shall have a right and easement of enjoyment in and to any Common Area. Such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right ofthe Association to promulgate and publish Policies and Procedures, and Rules and Regulations, with which each Owner and their tenants, invitees, licensees and guests shall strictly comply; (b) the right of the Association to suspend the voting rights and after Notice and Hearing, the right to use any Common Area, during any period of violation; (c) the right of the Association upon approval of at least seventy percent (70%) of the Owners, to mortgage the Common Area as security, provided that the rights of such mortgage shall be subordinate to the rights of the Owners; (d) the right, power, and authority of the Association to grant any easement, right-of-way, license, lease, dedication, transfer or conveyance or grant of any similar interest affecting any Common Area: and (e) the right of the Association to close or limit the use of any Common Area while maintaining, repairing and making replacements in any Common Area. ARTICLE3 THE ASSOCIATION 3.1 Membership. As further explained in the Bylaws of the Association, every record Owner of a fee interest in any Lot subject to this Declaration shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of such Lot shall be the sole qualification for such membership. Each Lot shall be allocated one ( 1) vote which shall be cast as a single vote and shall not be subject to fractional voting. To this end, regardless ofthe number of dwelling units, including AD Us, built upon any Lot, the Lot shall be entitled to only one (1) vote. No votes allocated to a Lot owned by the Association may be cast. 3.2 Allocated Interests. The Allocated Interests, the Common Expenses liability and the votes in the Association allocated to each Lot, are based on the total number of votes in the Association. Each Lot shall have an Allocated Interest of 1/7 regardless of the number of Declaration of Protective Covenants Quicksilver Court Subdivision Page6 1111 ~'" ~~,,l\l':,li!IIU~\1, Uflt~t!U lll'tllf~ IW.~·~ IIIII Reception~: 785077 04/26/201011:11:00 ~M Je:an ~lberioo 7 of 26 Reo Fee:$136.00 Doc Fee:0.00 GARFlELO COUNTY CO dwelling units built thereon. 3.3 Association Management of Common Elements. In accordance with Articles 4 and 6, the Association shall operate, install, repair, replace, and maintain the Subdivision's Common Elements, including the Water Distribution System, the Fire Protection System, public utilities dedicated on the Final Plat, and Quicksilver Court for the common benefit of Owners and Occupants of Lots within the Subdivision. 3.4 Easements. (a) The Declarant has granted to the Association, by separate recorded document, as shown on the Plat, the following easements: i. Public Utilitv Easements. The Association shall have: a. A ten-foot (10') wide, nonexclusive, perpetual easement over, across, and through Lots 3, 5, 6, and 7 for public utilities along each side of Quicksilver Court, including but not limited to, water, electric, gas, telephone, and cable, together with the right of ingress and egress to install, construct, operate, maintain, and repair the said public utilities. b. A twenty-foot (20') wide, nonexclusive, perpetual easement over, across, and through the Property for public utilities, including but not limited to, water, electric, gas, telephone, and cable, together with the right of ingress and egress to install, construct, operate, maintain, and repair the said public utilities. c. A forty-foot (40') wide, perpetual, non-exclusive easement over, across, and through Lots 2 and 3 for public utilities, including but not limited to, water, electric, gas, telephone, and cable, together with the right of ingress and egress to install, construct, operate, maintain, and repair the said public utilities. ii. Well and Utilitv Easement. The Association shall have a twenty- foot (20') wide, nonexclusive, perpetual easement over, across, and through the Property for wells and appurtenant utilities, together with the right of ingress and egress to install, construct, operate, maintain, and repair the Water Distribution System. 111. Fire Protection. Utility. and Drainage Easement. The Association shall have a nonexclusive, perpetual easement for fire protection, utilities, and drainage over, across, and through Lots 5, 6, and 7 to Quicksilver Pond, together with the right of ingress and egress to install, construct, Declaration aJProtectiYe Cawmants Quicksilver Court Subdivision Page 7 1111 Ml'•'~'.l"al',',Di!lj,lti'J.rr\I~I.W rlri! rK'.I'MII~'U~ IIIII ReceptlonU: 785077 0Q/26/2010 11:11:00 AM J.an Rlbarloo a of 26 Reo Feo:$136.00 Doo F~•:0.00 GARFIELD COUNTY CO operate, maintain, and repair utilities and drainage. (b) In addition, the Declarant grants the following general easements: i. Association's Easement of Access and Use. The Association shall have an easement of access and use over and across each Lot as necessary to the performance of obligations in this Declaration; provided, however, that this easement and use thereof shall not unreasonably interfere with or impair the use of any Improvements constructed on any Lot and shall be exercised only after reasonable notice to the Owner of the Lot. ii. General Emergency Easements. The Association, and all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now or hereafter servicing the Community, shall have a nonexclusive easement for ingress and egress to enter upon any part of the Community in the performance of their duties. ARTICLE4 ASSESSMENTS 4.1 Personal Obligation to Pay Assessments for Common Expenses. Each Lot, and each Owner, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association Assessments for Common Expenses and such other Assessments as imposed by the Association. Such Assessments, including fees, charges, late charges, attorney fees, fines and interest charged by the Association shall be the personal obligation of the Owner of such Lot at the time when the Assessment or other charges became due. Assessments for Common Expenses as imposed by the Association, including fees, charges, late charges, attorney fees, fines and interest charged by the Association, shall be a charge on each Lot and shall be a continuing lien upon the Lot against which each such Assessment or charge is made. If any Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment becomes due. The personal obligation to pay any past due sums due the Association shall not pass to a successor in title unless expressly assumed by them. No Owner may become exempt from liability for payment of the Assessments by waiver of the use or enjoyment of the Common Areas or by abandonment the Lot against which the Assessments are made. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted by any reason including, without limitation, any claim that the Association or the Board is not properly exercising its duties and powers under this Declaration. 4.2 Puroose of Assessments. Any Assessments levied by the Association in accordance with this Article 4 shall be used for the purpose of promoting the health, safety, convenience, and general welfare of the Owners, including improvement and maintenance of the Common Elements and of the services and facilities located within the Subdivision. Proper use of Assessments includes, but is not limited to: Declaration of ProteCtive Co\lenants Quicksilver Court Subdillision Page8 1111 w.~.~l.,,I"'.':,MJI,I\I\I(.~tii\IJ,!\11~~~~ Nn~ IIIII Reception#: 785077 04/'26/'21i)\0 11: 11 :00 AM Je•n fUber ioo 9 of '26 Reo Fee:$136.00 Doc Fee:0.00 GRRFIELD COUNTY CO (a) Installation, repair, replacement, and maintenance of the Common Elements; (b) Installation, maintenance, and repair of Quicksilver Court (including snow removal); (c) Management of weeds along Quicksilver Court and of the Common Elements; (d) Procurement and maintenance of insurance; (e) Establishment and maintenance of reserves for repair, maintenance, taxes, and capital improvements; and (f) Operation of the Association in carrying out its rights, duties, and obligations hereunder. 4.3 Annual Levv of Assessments. Assessments may be made on an annual basis against all Lots and shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such Assessment year. The budget shall be submitted to the Owners for ratification pursuant to the Act and as set forth in the Bylaws, as amended. Assessments, apportioned based on the Allocated Interests, shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. The omission or failure of the Board to levy the Assessment for any period shall not be deemed a waiver, modification or a release of the Owners from their obligation to pay. 4.4 Aoportionment of Common Expenses. Except as provided in this Declaration, all Assessments, including Special Assessments, for Common Expenses shall be assessed against all Lots in accordance with the formula for liability for the Common Expenses as set forth in Section 3.2. 4.5 Special Assessments. In addition to the annual Assessments authorized above, the Association may levy, in any Assessment year, a special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of the Common Areas, including fixtures and personal property related thereto, or for any other purpose deemed necessary and appropriate by the Board; provided that any such Assessment shall have the assent of the majority vote of the Owners at a properly noticed meeting. 4.5 Default Assessments. All monetary fines assessed against an Owner pursuant to the Governing Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Governing Documents, shall be a Default Assessment and shall become a Lien against such Owner's Lot which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the DeclaralJon of Protective Covenants Quicksilver Court Subdivision Page9 11\1 W.~oi~II'Jhlln~lflf,IA~ 1\W.I~i'f,!lll/,lfi:UI\Uni IIIII Reception~: 785077 04/26(2010 11:11:00 AM Jean Rlberico 10 of 26 Rec Fee:$136.QCI Doc Fee:0.00 GFIRFIELD COUNTY CO amount and due date of such Default Assessment shall be submitted to the Owner subject to such Assessment at least ten ( 1 0) days prior to the due date. 4.6 Lot Specific Assessments. In addition to the Assessments discussed above, the Association shall have the right to levy those amounts expended by the Association for the benefit of any individual Lot and the Owner thereof, including, but not limited to: a) fines, improvement, repair, replacement and maintenance of a Lot that an Owner has failed to perform (after notice as provided in this Declaration); and b) improvement, repair, replacement and maintenance to the Common Area caused by the negligent or willful acts of any Owner, his guests, employees, licensees, lessees or invitees. 4. 7 Effect ofNon-Pavment of Assessment. Any Assessment, charge or fee provided for in his Declaration, or any monthly or other instalhnent thereof, which is not fully paid within ten (10) days after the due date hereof, as established by the Board, shall bear interest at the rate established by the Board, on a per annum basis from the due date. In addition, the Association may assess a reasonable late charge thereon as determined by the Board. Failure to make payment within sixty (60) days of the due date thereof shall cause the total amount of such Owner's Common Expense Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Board Further, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue Assessments, charges or fees, or monthly or other installments thereof; and may also foreclose on its lien against such Owner's Lot. An action at law or in equity by the Association against a Lot Owner to recover a money judgment for unpaid Assessments, charges or fees, or monthly or other installments thereof; may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Associations lien therefor. Foreclosure or attempted foreclosure by the Association of its lien shall not he deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charges or fees, or monthly or other installments thereof, which are nor fully paid when due. The Association shall have the power and right to bid on or purchase any Lot at a public auction or other legal sale, and to acquire and hold, tease, mortgage, convey or otherwise deal with the sane. If a foreclosure action is filed to foreclose any Assessment lien, and an Owner abandons or leaves vacant his or her lot, the Board may take possession and rent said Lot or apply for the appointment of a receiver for the Lot without prior notice to the Owner. The rights of the Association shall be expressly subordinate to the rights of any holder of a first lien Security Interest as set forth in its deed of trust or mortgage (including any assigmnent of rents), to the extent permitted under the Act. 4.8 Lien Prioritv. The lien of the Association under this Section is prior to all other liens and encumbrances on a Lot except: (I) liens and encumbrances recorded before the recordation of the Declaration; (2) a first lien Security Interest on the Lot (except as allowed by the Act with regard to the limited lien priority allowed to the Association); and (3) liens for real estate taxes and other governmental assessments or charges against the Lot. This Section does not affect the priority of mechanics' or materialmen's liens. The lien of the Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal law. Declaration of Protective Covenants Quicksilver Court Subdivision Page 10 1111 Ml"o~o tiiiiiii'J!rr.t•ld~l loll~ li>J,Irl~rll'rll!tl'ltU~ IIIII Reception#: 785077 Q4f2612010 11:11:00 AM Jean Alberico 11 of 26 Rec F•e:$136.00 Doc F8e:0.0CI GARFIELD COUNTY CO Sale or transfer of any Lot shall not affect the lien for said Assessments or charges except that sale or transfer of any Lot pursuant to foreclosure of any first lien Security Interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the lien of Assessment charges as provided by applicable state law. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Owner from continuing liability for any Assessment charges thereafter becoming due, nor from the lien thereof. ARTICLES COVENANTS AND RESTRICTIONS OF USE, ALIENATION, AND OCCUPANCY 5.1 Traffic Impact Fee. A Traffic Impact Fee of$2,760 per Lot is due to Garfield CoWlty at the time each Owner submits a building permit application for a Single Family Dwelling. Declarant has paid fifty percent (50%) of the Traffic Impact Fee due for each Lot to Garfield County prior to approval of the Plat. Each Owner is responsible for paying to Garfield CoWlty the remaining fifiy percent (50%) of the Traffic Impact Fee for his or her Lot ($1,380 per Lot), at the time of the Owner's submission of a building permit application. At the time of subdivision, Declarant has already built a Single Family Dwelling on Lot 3, which is exempt from said Traffic Impact Fee. Therefore, Lots I, 2, 4, 5, 6, and 7 shall each pay $1,380 to Garfield County at the time ofthe Owner's submission of a building permit application. 5.2 Single Family Residential Use Only. The Property is intended to be developed for single family residential purposes only. (a) No more than one (1) detached Single Family Dwelling shall be permitted on each Lot, subject to permitting requirements of Garfield County. (b) An Owner may build an Accessory Dwelling Unit on each Lot only after obtaining a Land Use Change Permit from Garfield County. An ADU shall not exceed I ,500 square feet and shall not be conveyed separately from the Lot to which it is appurtenant. (c) No structure of a temporary character, trailer, basement, tent, shack, garage, barn or any other outbuildings of any description shall be used on any Lot, except on a temporary basis during construction of a residential dwelling and for a period not exceeding twelve (12) months; except that pre-built modular homes are acceptable upon meeting the requirements described herein if such modulars are placed on a permanent crawl-space or basement foWldation. 5.3 Re-Subdivision Prohibited. There-subdivision of any Lot is prohibited. 5.4 Utilitv Lines. No new gas lines, light and power lines, telephone lines or television cable shall be permitted unless said lines are buried W1dergroW1d and out of sight from their pril11ary source at the lot line to the dwelling and at the Owner's expense. Declaration of Protective Covenants Quicksilver Cour1 Subdivision Page 1 I 1111 !lll'r~o IICAlii'Jil~~li« lti~I~~~(.I'I\TI:IIi'U-l IIIII RaceptionU: 785077 04126/2010 11:11:00 AM Je•n Alb~rico 12 of 26 Rae Fee:S136.00 Doc Fee:0.00 GP.RFIELO COUNTY CO 5.5 Sewage Disposal. Each residence shall contain at least one(!) fully equipped bathroom, and all sewage shall be disposed of by means of an individual sewage disposal system ("ISDS"). Owners shall maintain such treatment facilities in good operating condition. Each ISDS shall be designed by a professional engineer registered in the State of Colorado, pursuant to C.R.S. § 12- 25-111, and shall adequately address the soil percolation conditions present at the Lot site, which percolation rates shall be verified through appropriate on-site testing. Each Owner shall submit the ISDS design to Garfield County at the time of submission of his or her building permit application. 5.6 Domestic Animals. One (I) dog shall be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. 5.7 Non-Domestic Animals. An Owner may own or keep non-domestic animals-including horses, sheep, and chickens-subject to the limits contained in this Subsection 5.7, within a one- acre disturbance envelope located more than one hundred (I 00) feet from any dwelling unit, including ADUs, and all property lines. Pursuant to General Use Well Permits 67565-F and 67566-F, Lots I, 2 and 3 may water up to three (3) non-domestic animals on each Lot; Lots 5, 6, and 7 may water up to two (2) non-domestic animals on each Lot. This restriction applies per Lot, regardless of the number of dwelling units built thereon. 5.8 Maintenance ofPropertv. (a) Each Owner shall keep the same clear and free of rubbish and trash and shall keep the structures thereon in good repair, doing such maintenance as may be required for this purpose. No burning of rubbish is allowed. (b) No noxious or offensive conduct or activity shall be carried on upon any Lot or in any structure thereon which may constitute a health hazard, odor, noise disturbance, nuisance or annoyance to the neighborhood so as to unreasonably interfere with or disturb the use, enjoyment and access to any other occupant of the Lots. (c) Clotheslines, equipment, garbage cans, service yards, woodpiles or storage areas shall be adequately screened by planting or solid six-foot (6') fencing to conceal the same from view of neighboring lots and streets. (d) No trash, ashes, garbage, rubbish, debris or other refuse shall be thrown, dumped or allowed to accumulate on the Lots. Each Owner shall provide suitable receptacles for the temporary storage and collection of refuse. All such receptacles shall be screened from the public view and protected from wind, animals such as raccoon and bear, and other disturbances. (e) The foliage and vegetation on each Lot shall be developed and maintained in consideration the United States Forest Service and Colorado State Forester Wildfire Declaration of Protective Covenants Quicksilver Court Subdivision Page 12 Ill\ W.~ol'lnlrJ!iW"!IIIT,Imf lll'i~lrlrlfti{I~I'&IU"l. IIIII Receptjon~: 785077 04f26f2010 11:11:00 AM Jean Albe~ico 13 of 26 R~c F••:$136.00 Doc Fae:0.00 GARFIELD COUNTY CO Prevention guidelines. Landscaping and maintenance of lawns and gardens are encouraged. To prevent hay fires, Owners shall cut hay as necessary and properly dispose of forage. 5.9 Weed Management. (a) Responsibility of Owners. Owners shall maintain the surface of all Lots in a condition which will minimize the risk of soil erosion and weed infestation. Owners shall landscape, restore, or revegetate with weed free seed and mulch all excavations, fills, and other construction which disturb the existing vegetation. Further, Owners shall not intentionally introduce weeds or invasive plant or animal species to their Lots, and shall control noxious weeds and invasive species on their Lots in accordance with federal, state and local laws and regulations. (b) Responsibility of Association. The Association shall maintain all Common Areas and roadsides, including Quicksilver Court and the Fire Protection, Utility, and Drainage Easement and Right-of-Way in a condition which will minimize the risk of soil erosion and weed infestation. The Association shall landscape, restore, or revegetate with weed free seed and mulch all excavations, fills and other construction which disturb the existing vegetation. Further, the Association shall not intentionally introduce weeds or invasive plant or animal species to the Common Areas or roadsides, and shall control noxious weeds and invasive species on said property in accordance with federal, state and local laws and regulations. 5.10 Vehicles. (a) All motor vehicles must be currently licensed and operational. (b) No vehicles, boats, campers, trailers, snowmobiles or other such recreational vehicles or devices shall be stored or permitted to remain for more than three (3) continuous days on any Lot unless the same are stored from view in a garage or screened from view from adjacent Lots and Roads with six-foot (6') solid fencing. fu addition, all vehicles, boats, campers, trailers. snowmobiles or other such recreational vehicles or devices shall be stored in a manner not to obstruct neighboring view lines, or become a nuisance or annoyance to the neighborhood or otherwise unreasonably interfere with or disturb the use, enjoyment and access to any other occupant of the Quicksilver Court Subdivision. 5.11 Fuel-Burning Stoves. No open-hearth solid-fuel fireplaces shall be permitted; provided, however, that one (l) new solid-fuel burning stove shall be allowed in each dwelling unit. All dwelling units are permitted an unrestricted number of natural gas burning stoves and appliances. 5.12 Lighting. Exterior lighting shall be installed in the minimum amount necessary, and all exterior lighting will be directed inward and downward toward the interior of the Property; Declaration of Protective Covenants Quicksilver Court Subdivision Page 13 Ill\ WJI'o.~~~~Jhw.ll'l!'ll'!f,lllll,IJII(t*l~lt\'!llin~ IIIII R•ception": 785077 04126/2010 11:11:00 AM Jean Alberico 14 cf 26 Ree Fee:$136.00 Doe Fe•:0.00 GARFIELD COUNTY CO provided, however, that exterior safety lighting that extends beyond the Property boundaries shall be allowed. 5.13 ~·No billboards, signs or other advertising devices of any nature shall be erected, placed, maintained or permitted, provided that this restriction shall not be construed to prevent appropriate name and address signs and signs that advertise property for sale or rent insofar as it is necessary to promote the sale and development of such properties. 6.1 The Water Distribution System. ARTICLE6 WATER (a) Residential Use. The Water Distribution System shall be used for the exclusive benefit of the Lots, and for the exclusive use of fire protection, storage, domestic, irrigation oflawn and garden, and livestock watering purposes. Only the Lots, and the dwelling units located thereon, shall be permitted to receive water from the Water Distribution System. No other persons, other than household guests, shall take, draw, use or receive water from the Water Distribution System. In addition, such use must be residential in nature -agricultural uses, other than permitted domestic livestock watering, and commercial uses, other than home occupations, are prohibited. (b) Use Limitations. The combined average annual amount of ground water to withdrawn from the Shared Wells shall not exceed 8.34 acre-feet. i. Lot I shall draw water from Shared Well No. I (also known as Hasenberg Well No. I), Permit No. 67567-F. Use shall be limited to ordinary household purposes inside one (I) single-family dwelling and one (I) ADU; the irrigation of lawn and gardens of not more than 7,000 square feet; and the watering of three (3) animals. The pumping rate shall not exceed 15 gallons per minute. ii. Lot 2 shall draw water from Shared Well No. I (also known as Hasenberg Well No. I), Permit No. 67567-F. Use shall be limited to ordinary household purposes inside one (I) single-family dwelling; the irrigation oflawn and gardens of not more than 7,000 square feet; and the watering of three (3) animals. The pumping rate shall not exceed 15 gallons per minute. m. Lot 3 shall draw water from Shared Well No. I (also known as Hasenberg Well No. I), Permit No. 67567-F. Use shall be limited to ordinary household purposes inside one (I) single-family dwelling; the irrigation oflawn and gardens of not more than 7,000 square feet; and the watering of three (3) animals. The pumping rate shall not exceed 15 gallons per minute. iv. Lot 4 shall draw water Shared Well 2 (also known as Daniels Well No.2), Declaration of Protective Covenants Quicksilver Courl Subdivision Page 14 II II M'l'.~o t!Cn!P'JIIWI'YA It~ IIW.Ir"T'f-loi.(II!'I~I'IIU.1 IIIII Recept1cn#: 785077 04/25/2010 11:11:00 AM JeAn ~lb•rico 15 of 26 Rec F•e:$136.00 Doc Fee:0.00 GARFIELD COUNTY CO Permit No. 67565-F. Use shall be limited to ordinary household purposes inside one (l) single-family dwellings and one (1) ADU; the irrigation oflawn and gardens of not more than 7,000 square feet; and the watering of two (2) animals. The pumping rate shall not exceed 15 gallons per minute. The remainder of the water shall be used by the Association to fill and refill and replace evaporation of Quicksilver Pond each year. v. Lot 5 shall draw water Shared Well2 (also known as Daniels Well No.2}, Permit No. 67565-F. Use shall be limited to ordinary household purposes inside one (l) single-family dwellings and one (1) ADU; the irrigation oflawn and gardens of not more than 7,000 square feet; and the watering of two (2) animals. The pumping rate shall not exceed 15 gallons ·per minute. The remainder of the water shall be used by the Association to fill and refill and replace evaporation of Quicksilver Pond each year. vi. Lot 6 shall draw water from Shared Well No. 3 (also known as Daniels Well No. 1), Permit No. 67566-F. Use shall be limited to ordinary household purposes inside one (I) single-family dwellings and one (I) ADU; the irrigation oflawn and gardens of not more than 7,000 square feet; and the watering of two (2) animals per lot. The pumping rate shall not exceed 15 gallons per minute. The remainder of the water shall be used by the Association to fill and refill and replace evaporation of Quicksilver Pond each year. vii. Lot 7 shaH draw water from Shared Well No. 3 (also known as Daniels Well No.1), P=itNo. 67566-F. Use shall be limited to ordinary household purposes inside one (1) single-family dwellings and one (1) ADU; the irrigation oflawn and gardens of not more than 7,000 square feet; and the watering of two (2) animals per lot. The pumping rate shall not exceed 15 gallons per minute. The remainder of the water shall be used by the Association to fill and refill and replace evaporation of Quicksilver Pond each year. Any Owner exceeding this allocation shall be subject to restricted consumption as well as a surcharge imposed by the Association which shall not exceed triple the amount of the current Annual Water Fees. Any Owner who wishes to expand the use, amount, or location of the groundwater taken from the Shared Well serving their Lot shall bear the cost and expense of doing so, including amendment of the WDWCD Contract. (c) Construction, Installation, Operation, Maintenance, and Repair. i. Responsibility of tbe Declarant. Declarant shaH design, construct, install, and permit the Water Distribution System, enter into contracts on behalf of the Association, and initially complete the system so that it provides water to each Owner's Lot, which includes installation of water pumps on each Shared Well and totalizing flow meters on each Declaration of Protective Covenants Quicksilver Court Subdivision Page 15 1111 W•llfii'IP"JiiM\11~.~.1 1Hill~~lft'~IW.~·~ IIIII Reception~: 785077 04/26/:ztl10 11:11:00 AM Je.n Albe.-ioo 16 of 26 Reo fee:$136.00 Doc Fee:0.00 G~RFJE:LD COUNTY CO service line. Once the system is placed in operation, and before the sale of any Lot in the Subdivision, Declarant shall convey the System to the Association. n. Responsibility of the Association. 1. General Duty. Except as otherwise described herein, once the system is placed in operation, the Association shall bear the costs associated with the maintenance, operation, and repair of the Water Distribution System, including piping, meters, the well shed, and all other improvements located at each well site up to the point where totalizing flow meters are installed on each Lot's service line, other than water pumps, as addressed below. The Association shall assess the cost of such maintenance, operation, and repair to each Owner based on pro rata use. For example, this means that if the water meter for Shared Well No. I fails, the Association shall assess the cost to replace or repair said water meter against the Owners of Lots 1, 2, and 3 in equal shares. a. Water Pumps. The cost to repair and replace water pumps shall be borne by the Association, which shall assess the cost of such maintenance, operation, and repair to each Owner based on pro rata use. However, because the water pump on Shared Well Nos. 2 and 3 also fill Quicksilver Pond to the required Minimum Storage Requirement, the Association shall be solely responsible for one-half ofthe cost to repair or replace the water pumps on Shared Well Nos. 2 and 3. For example, this means that if the water pump on Shared Well No.2 fails, the Association shall assess the cost to replace or repair said water pump against all Lots as to one-half of the cost and against Lots 4 and 5 as to the other one-half ofthe cost. 2. Electric Meters. The Association shall install an electric meter on each Shared Well. 3. Reoorting to WDWCD. The Association shall report water usage annually to the West Divide Water Conservancy District pursuant to Contract No. 070215GD(b). 4. Electricitv. The Association shall bear the cost of electricity for each Shared Well. The Association shall assess said cost to Owners based on their pro rata use as shown through quarterly flow meter readings. The Association shall be solely Declaration of Protective Covenanls Quicksilver Court Subdivision Page 16 1111 Wo~.l'IIIII"JI!M!III~i.+I.I•H hrflf!~I~IIH.~·~ IIIII Receptionn: 785077 Q4f26f2010 11,11:00 F1M Jean Alberico 17 of 26 R~c Fe•:$136.00 Doc Fee:~.00 GF1RFIELO COUNTY CO responsible for the cost of the electricity to refill Quicksilver Pond, as discussed below, as shown through quarterly pond meter readings, which cost shall be assessed against each Owner in equal shares. iii. Responsibility of the Owner. I. Infrastructure. The cost oflaying, construction, maintenance, modification, use, inspection, repair, replacement, substitution, and/or removal of service lines on each Lot shall be the sole responsibility of the Owner of the Lot served by such line. 2. Storage Tanks. Each Owner shall install, bury, maintain and repair a storage tank, with a capacity to hold at least 1,000 gallons, on his Lot to serve his dwelling units -and at his sole cost. Garfield County will require proof of installation of Said storage tank prior to issuance of a Certificate of Occupancy for any dwelling units. Neither the Association nor the Developers are responsible for installing, burying, maintaining, or repairing said individual storage tanks. (d) System Manager. If necessary, the Association may appoint and provide compensation to a System Manager, who need not be an Owner. The System Manager shall operate and maintain the System; maintaining the books and records; making necessary meter readings, and performing all the other necessary duties. The System Manager shall be appointed and removed in accordance with the Association's Governing Documents. 6.2 Quicksilver Pond. (a) Fire Protection Use: The Association shall operate, maintain, and repair Quicksilver Pond to the extent necessary for Fire Protection purposes only. (b) Private Ownership: Quicksilver Pond is wholly located on Lots 5 and 6 and privately owned by the Owners of said Lots. Except in the event of a fire or other System emergency, no other Owners shall have access to or use of the Pond for irrigation or personal or recreational use at any time. (c) Construction, Installation, Operation, Maintenance, and Repair. i. Responsibility ofthe Declarant. 1. Construction and Installation. Declarant shall design, construct, install, and permit Quicksilver Pond. Declaration of Protective Covenants Quicksilver Court Subdivision Page 17 1111 W"l~WI*I~r..~~ lll'J,~foll~l.fl:lil·~ ~·~ IIIII Reception#: 785077 04/26/2010 11 : 11:00 F=IM Je~n Alberico 18 of 26 Rec Fee:$136.00 Ooc Fee:0.00 GARFIELD COUNTY CO 2. Initial Fm. Declarant shall initially fill the Pond to the September I Quarterly Elevation Mark, as explained below, prior to recordation of the Final Plat Declarant may use Sbared Wells Nos. 2 and 3 for said initial fill. n. Responsibility of the Association. 1. Refill. The Association shall incur the cost of all subsequent refills of the Minimum Storage Requirement, defined herein. More specifically, to comply with Rifle Fire Protection District requirements, the Association shall maintain at least 195,000 gallons of water in the Pond year-round at an elevation of6,239.3 feet ("Fire Protection Water") plus quarterly evaporation. The Fire Protection Water plus quarterly evaporation is referred to herein as the "Minimum Storage Requirement" If the Pond is maintained for the Minimum Storage Requirement, the Association shall refill the Pond to the Quarterly Elevation Marks designated on the Pond, as follows: DATE OFFILL ELEVATION OF FILL (FEET) GALLONS June I 6,240.91 92,079 September I 6,240.09 42,118 December I 6,239.65 18,092 March I 6,240.30 54,103 However, if the Pond is maintained at its maximum storage capacity, then the Quarterly Elevation Marks shall not operate as indicators of lost evaporation. To this end, in such an event, the Association shall replace only those gallons lost to evaporation without regard to the Quarterly Elevation Marks. Primarily, the Pond shall be filled by Shared Well Nos. 2 and 3. However, if either of said wells is determined to be producing less than 2 gpm of water, then the Association shall pay to refill the Pond, as required for fire protection purposes only, including replacement of annual evaporation, from either the Shared Well 1 or some other source. 2. Pond Meter. The Association shall also install and maintain a separate metering device near the Quicksilver Pond to track refills of the same ("Pond Meter") from its water source. Therefore, the well{s) from which the Pond is filled shall have two meters on the distribution line: Declaration of Protective Covenants Quicksilver CourJ Subdivision Page 18 1111 W.oi~W""'Jill~ ltl.l'\i\.~I~'~'II'J:I'i/l,~·ll IIIII Reception#: 785077 04!26/2010 11:11:0Q ~M Jaan ~lberico 19 of 26 Reo Fee:$136.00 Doc Fea:0.00 GRRFIEL.D COUNTY CO one to meter domestic, irrigation, and stockwatering uses -and one to meter refills of the Pond. The Pond Meter shall be installed in a vault below frost line to insure service during winter months ("Pond Vault''). ·Currently, the Association fills and refills the Pond .with Shared Well 2 (aka Daniels Well No. I, Permit No. 65765-F) and Shared Well 3 (aka Daniels Well No.2, Permit No. 67566-F). The distribution lines from each of these wells meet in the Pond Vault, at which point one distribution line, metered by the Pond Meter, services the Pond. In the event the Association uses other wells to refill the Pond in the future, the Association shall move the Pond Meter or install a separate metering device in a similar vault to track refills of the same. m. Responsibility of Owners of Lots 5 and 6. I. Irrigation. To simplify administration and maintenance of Quicksilver Pond, Lots 5 and 6 shall primarily irrigate from their respective wells. Regardless, Lots 5 and 6 shall maintain the rigbt to irrigate from the Pond. 2. Meters. In addition to the totalizing flow meter installed on each Shared Well, if Lots 5 and 6 irrigate from Quicksilver Pond, said Owners must install meters on their irrigation lines originating in the Pond. Lots 5 and 6 shall meter all water drawn from the Pond for its sole benefit, and provide monthly meter readings to the Association from May through October of each year. 3. Replacement of Depletions. Any depletions from Quicksilver Pond due to any irrigation or other personal use by·the Owners of Lots 5 and 6 shall be replaced by said Owners at their sole cost. i. Timing of Refills. Lots 5 and 6 shall replace all irrigation water drawn from Quicksilver Pond at least on a quarterly basis. Such refill of Quicksilver Pond to replace irrigation water shall occur before the Association refills Quicksilver Pond on a quarterly basis, on March I", June !",September!", and December l". 6.3 Water Fees. In addition to the Assessments discussed above, each Owner shall pay to the Association the following Water Fees, which are non-refundable, as more particularly discussed in the Associations Rules and Regulations. (a) One-Time Pond Maintenance Fee. Each Owner shall pay to the Declaration of Protective Covenants Quicksilver Court Subdivision Page 19 1111 t:tl"ei~I'JiiM+II~.Itl".l!tlllt~trl<l~~~ ~·~ IIIII ~eception~: 785077 Q4/26/2010 11:11:00 AM Jean A\be~ico 20 of 26 Rec Fee:S136.00 Doc Fee;0.00 GARFIELD COUNTY CO Association a one-time Pond Maintenance Fee, per lot, before using any well or the water distribution system, as established in the Association's Rules and Regulations. For all Lots sold by Declarant, the Pond Maintenance Fee is due at Closing. (b) Annual Water Fee. Each Owner using water from a Shared Well serving more than one (I) lot, including Declarant, shall pay the Association an Annual Water Fee per dwelling unit 1 as established in the Association's Rules and Regulations. The Annual Water Fee shall be due on January I 51h each year. For all Lots sold by Declarant, a pro-rated Water Fee shall be due at Closing for the current year. The Annual Water Fee is non-refundable, even if an Owner disconnects from a Shared Well during any year in which he has already paid the Annual Water Fee. (c) Annual Stand-By Fee. Owners who are not yet using water from the System shall pay the Association an Annual Stand-by Fee, as established in the Association's Rules and Regulations within thirty (30) days of Closing on his Lot and on January !S'h of each year thereafter UNLESS AND UNTIL said Owner drills a well to serve his residence on his or her Lot. Under all other circumstances, the Annual Stand- By Fee is due each year as provided herein. 6.4 Future Permitting and Augmentation of System. (a) New Well Permits. The Division of Water Resources has issued Permit No. 67567-F for Shared Weill, Permit No. 67565-F for Shared Well2, and Permit No. 67566-F for Shared Well3. If the State requires that the permits be re-issued to allow new and/or additional uses as the Subdivision requires, the Association shall bear the cost of obtaining said well permits. (b) Augmentation Water. Water use and associated depletions are augmented by WDWCD Contract No. 070215GD(b ). The Association shall bear the cost to obtain all necessary amendments to the WDWCD Contract. 6.5 Delinquencies. If any invoice for the above-described Water Fees is not paid within thirty (30) days of billing, it shall be delinquent. All delinquent bills shall accrue interest from the due date at a rate of twelve percent (12%) per annum .. If the amount due is not paid with thirty (30) days thereafter after the Association mails or hand-delivers a notice of delinquency, the Association may tum off the water supply of the Delinquent Owner. Under such circumstances any reinstatement of service shall include a minimum service fee of one hundred dollars ($1 00.00) per dwelling unit. All fees or charges to any member shall, if not paid, become a lien upon his land and subordinate only to the lien ofany mortgage on the Lot. The Association may then foreclose the lien, as necessary, in accordance with Colorado law and the Association's Governing Documents. Any filing or legal fees associated with such lien shall be the responsibility of the Delinquent Owner. ARTICLE7 Declaration of Protective Covenants Quicksilver Court Subdivision Page 20 1111 ~~''o.ll(ll,II'JIIWfla ~. ~·I.IIX'tif.l*:~~·i IIIII Reception#: 785077 04/2612010 11:11:00 AM Jean Alberico 21 or 26 Rec Fee:$136.00 Doc Fee:0.0G GARFI€LO COUNTY CO ARCHITECTURAL REVIEW 7.1 Governance of Grass Mesa Architectural Review Committee. Priorto construction of any Improvement, each Owner shall comply with the architectural review requirements contained in Article IV.6 of the Grass Mesa Ranch Declaration. 7.2 Architectural Criteria. In addition to any criteria imposed on each Owner by the Grass Mesa Architectural Review Committee. when constructing any Improvements, landscaping, and alterations to Improvements on a Lot or landscaping of a Lot, each Owner shall also endeavor to protect the conformity and harmony of exterior appearance of structures with neighboring structures and natural surroundings as to external design, materials, siting, height, topography, grade, and finished ground elevation, and the preservation of aesthetic beauty. All structures shall be constructed of either brick, stone, lumber or a combination thereof. The use of cinder block shall not be allowed unless it is faced with another material herein approved. In addition: (a) Preservation ofViewsheds. Each Lot Owner shall protect the seclusion of his home site from other home sites as reasonably possible. To this end, each Owner shall be considerate in planning, not building directly in front of a neighbor's view so as to protect the property view line and promote neighborly conduct so as not to unreasonably interfere with or disturb the use, enjoyment and access to any other occupant of the Lots. To this end, each Improvement shall be located on each Lot so as to ( 1) preserve the use, enjoyment and access -including view planes -of every other occupant of the Quicksilver Court Subdivision; (2) keep traffic flow amiable for construction, road construction, entering and exiting the property; and (3) promote neighborly conduct. (b) Preservation of Natural Drainage. In addition, no structure shall be placed or located on any Lot in such a manoer that will obstruct, divert or otherwise alter the natural water drainage courses and patterns. Likewise no landscaping or changes to the existing terrain shall be made which shall obstruct, divert or otherwise alter such drainage. ARTICLES INSURANCE 8.1 Association Insurance. To the extent reasonably available, the Association shall obtain and maintain insurance coverage as set forth in this Article 8. If such insurance is not reasonably available, and the Association determines that any insurance described in this Article will not be maintained, the Association shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Owners at their respective last known addresses. Declaration of Protective Covenants Quicksilver Court Subdivision Page21 Ill\ Wo. t~I"JiiWIM':Io+J: I»>LI'IIrW~~M".~'"' IIIII Ree•ption~: 785077 0412612Q10 11;11;00 RM Jean A1b•rico 22 of 26 Rec Fee:$136.00 Doc Fee:0.00 GARFlELO COUNTY CO (a) Property Insurance. Property Iosurance shall cover the Common Elements, but excluding land, excavations, pipes, flues, and drains and other items normally excluded from property policies, and all personal property owned by the Association. Said insurance shall afford protection against "all risks" of direct physical loss commonly insured and be for an amount (after application of any deductions) equal to one hundred (100) percent of the facilities' actual cash value at the time the insurance is purchased and at each renewal date. Personal property owned by the Association will be insured for an amount equal to its actual cash value. The Association is authorized to obtain appraisals periodically for the purpose of establishing replacement cost of the facilities and the actual cash value ofthe personal property, and the cost of such appraisals shall be a Common Expense. The maximum deductible for insurance policies shall be the lesser of $10,000 or one (I) percent of the policy face amount. (b) Liability Insurance. Liability insurance, including medical payments insurance, will be maintained in an amount determined by the Association, but in no event shall it be less than $!,000,000. This insurance shall cover all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the Common Elements and the activities of the Association. (c) Directors' and Officers' Liability Insurance. The Association may obtain and maintain directors' and officers' liability insurance, if available, covering all of the Officers of the Association. This insurance will have limits determined by the Association. (d) Other Insurance. The Association may carry other insurance which the Association considers appropriate to protect the Association. (e) Premiums. Insurance premiums for insurance carried or to be carried by the Association shall be a Common Expense. 8.2 Owner Insurance. Owners shall obtain and maintain homeowners' insurance on their Lot and improvements therein, including their water supply system from their water flow meter to their dwelling unit, in addition to any insurance obtained and maintained by the Association. ARTICLE9 GENERAL PROVISIONS 9.1 Compliance and Enforcement. (a) Every Owner and occupant of a Lot shall comply with the Governing Documents, and each Owner shall have the right, to enforce the covenants and restrictions, as set forth in this Declaration. Declaration of Protective Coyenants Quicksilver Court Subdivision Page 22 1111 W'• t'UIIifJIII'ti.IIIP~ IM.\Iti',JPJI:Ir\?~~1'1117 .~·~ IIIII Reception#: 785077 04/26/2010 11,11:00 AM Jean ~lberico 23 of 26 Reo Fee;$136.00 Ooo Fee:0.00 GARFIELD COUNTY CO (b) The Association, acting through the Board. its Directors, Officers, and Committee Members may enforce all applicable provisions of this Declaration, and may impose sanctions for violation of the Governing Documents. Such sanctions may include, without limitation: (i) Imposing reasonable monetary fines, after Notice and Hearing, which fine shall constitute a lien upon the violator's Lot. In the event that any occupant, guest, or invitee of a Lot violates the Governing Documents and a fine is imposed. in the Board's sole discretion, the fine may first be assessed against the violator; provided. however, if the fme assessed against the violator is not paid within the time period set by the Board, the Owner shall pay the fine after Notice and Hearing; (ii) Suspending the right to vote until the offending Owner cures the violation; (iii) Exercising self-help (including but not limited to performing such maintenance responsibilities which are the Owner's responsibility under this Declaration and assessing all costs incurred by the Association against the Lot and the Owner as an Assessment) or taking action to abate any violation of the Governing Documents; (iv) Requiring an Owner, at the Owner's expense, to remove any structure or Improvement on such Owner's Lot in violation of the Governing Documents and to restore the Lot to its previous condition a:nd, upon failure of the Owner to do so, the Board shall have the right to enter onto the property, remove the violation, and restore the property to substantially the same condition as previously existed, at the Owner's expense, and any such action shall not be deemed a trespass; (v) Without liability to any person, the Association precluding any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Declaration from continuing or performing any further activities in the Community; (vi) Levying specific Assessments to cover costs incurred by the Association to bring a Lot into compliance with the Governing Documents; and (vii) Bringing suit at law <;>r in equity to enjoin any violation or to recover monetary damages, or both. (c) In addition to any other enforcement rights, if an Owner fails to properly perform his or her maintenance responsibility, or otherwise fails to comply with the Governing Documents, the Association may record a notice of violation against the Declaration of Protective Covenants Quicksilver Court Subdivision Page23 1111 W.1. t~i"Jiiiiii"Jrrtlltl;l".l¥/llllr~~lifi'IWI ~"1. IIIII Receptionn: 785077 04/26/2010 11:11:00 AM Jean Alberico 24 of 26 Rec F$e:S136.00 Doc Fee:0.00 GARFIELD COUNTY CO Owner and the Lot. (d) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, the prevailing party shall he entitled to recover all costs, including, without limitation, attorneys' fees and court costs, reasonably incurred in such action. (e) The Board shall have the sole discretion to determine which enforcement action to pursue in any particular case, subject to the record and the duty to exercise judgment and reason. As provided herein a decision of the Board to forego enforcement action shall not be construed as a waiver of the Association's right to enforce such provisions at a later time, under other circumstances or preclude the Association from enforcing any other covenant, restriction or rule. (f) In any action or proceeding involving the interpretation or enforcement of any provision of this Declaration, as amended, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection therewith. 9.2 Severability. Each of the provisions of this Declaration shall be deemed independent and severable. If any provision of this Declaration or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Declaration which can be given effect without the invalid provisions or applications. 9.3 Binding Effect; Term. The covenants and restrictions of this Declaration shall run with and bind the Property described herein in perpetuity. 9.4 Amendment by Owners. Any provision, covenant, condition, restriction, or equitable servitude contained in this Declaration may be amended, revised, removed or repeated, and new provisions, covenants, conditions, restrictions or equitable servitudes may be added, at any time and from time to time upon approval of more than seventy percent (70%) of the votes in the Association and with the written consent of the Association; provided, however, that any provision herein required as a condition of approval of the Subdivision by the Garfield County Board of County Commissioners may not be amended without approval by the Garfield County Board of County Commissioners at a public meeting. Notice of any Association meeting at which a proposed amendment shall he considered shall state the fact of consideration and the subject maner of the proposed amendment. The amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of Garfield County of a certificate sening forth the amendment in full and certifying that the amendment has been approved as set forth above, and containing the written consent and approval of the Association. 9.5 Amendment by Association. The Association shall have the authority to amend, revise, remove, repeal or add any provision to this Declaration, as provided in the Bylaws, without Owner or mortgagee approval, only as necessary to conform with any applicable local, state, or federal law. Declaration of Protective Covenants Quicksilver Court Subdivision Page 24 1111 W.~o t'IAI~JI!Hf~I~Jt IJ!ol ~ lr~~trrlllfr~li« ~·~ IIIII Reeeptionn: 785077 04/26/2010 11:11:00 RM Jean Rlbarico 25 of 26 Rec Fee:S136.00 Doc;: Fee':0.00 GRRFlELD COUNTY CO 9.6 Challenge. All challenges to the validity of this Declaration must be made within one (I) year after the date of recording of this document. 9.7 Waiver. Any forbearance or failure to enforce any provisions ofthis Declaration shall not operate as a waiver of any such provision or of any other provision ofthis Declaration or of any subsequent enforcement provision. 9.8 Conflicting Provisions. (a) In case of conflict between this Declaration and any Garfield County Board of County Commissioners' condition of approval, the Garfield County Board of County Commissioners' conditions of approval shall govern. (b) In case of conflict between this Declaration and any Governing Document of Grass Mesa Ranch or the Grass Mesa Ranch Homeowners' Association, the Governing Document of Grass Mesa Ranch or the Grass Mesa Ranch Homeowners' Association shall control. (c) In case of conflict between this Declaration and the Articles or Bylaws of the Association, this Declaration shall control. In the case of conflict between the Articles and Bylaws, the Articles shall control. 9.9 Successors and Assigns. The covenants, terms, conditions, and restrictions of this Declaration shall be binding upon, and inure to the benefit of, the Owners, their guests, invitees, occupants, personal representatives, heirs, successors, transferees, and assigns; and the Association, its Board of Directors, Committee and Members, Officers, successors, transferees, and assigns. Declaration of Protective Covenants Quicksilver Court Subdivision Page 25 1111 M'l'.~oi'II!I~JII~~I¥/.IMitlllr8.11'11'~1WJ ~·~ IIIII Reception#; 78$077 04/26/2010 11:11:00 AM Jean Alb•rico 26 of 26 Reo Fee:$136.00 Doc F•e:C.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the Declarant has executed this Declarntion as of the date first written above. ~ Gre~~ STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this / ') day of !f}M (1 J1 2010, by G.H. Daniels, III and Gregory Hasenberg, as Declarant. Witness my hand and official seal. After recording, return to: The Sloan Law Firm, PLLC 76 South Main Street, Suite I Moab, UT84532 1oMJ41~) p LlCNOTARY Declaration of Protective Covenants Quicksilver Court Subdivision Page 26 1111 Ml'• ~1,,~\,',M1 \I>~HI~Irll~lll'~ lftlollll.~ 111\r,~·~ IIIII Reception~: 785080 04/2612Q10 11:11:00 FIM Jean Fllb~Jr"ico 1 of 27 Rec Fee:$141.00 Doc F•a:0.00 GARF'lE1..D COUNTY CO QUICKSILVER COURT SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT THIS QUICKSILVER COURT SUBDIVISION ("SUBDIVISION'') SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA'') is made and entered into this f~ day of Apr •.J , 2010, by and between G. H. DANIELS, III and GREGORY HASENBERG (collectively referred to herein as "Owner'') and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). Recitals !. Owner is the owner and developer of the Quicksilver Court Subdivision (the "Subdivision"), which property is depicted on the Final Plat of Quicksilver Court Subdivision ("Final Plat" or "Final Plat of the Subdivision"). The real property subject to this SIA is described in that Final Plat, recorded at Reception Number 7'r.>0'73 of the real estate records of Garfield County, Colorado and incorporated by this reference. 2. On December 8, 2008, the BOCC, by Resolution No. 2008-138, recorded at Reception Number 760233 of the real estate records of Garfield County, Colorado and incorporated by this reference, approved a preliminary plan for the Subdivision which, among other things, would create seven (7) single-family residential lots ("Preliminaty Plan Approval"). 3. As a condition precedent to the approval of the Final Plat submitted to the BOCC as required by the laws of the State of Colorado and by the Garfield County Unified Land Use Resolution of2008, Owner wishes to enter into this SIA with the BOCC. 4. Owner has agreed certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the subdivision, 1111 ~·~~~Wa.i',Mij,I'H~M«.I~i.rt'll floW lllrr.~t~·i IIIII Reception~: 765080 IJ4/261~10 11:11:00 1=11'1 Jean Alberlca 2 cr 27 Rec Fee:$141.00 Ooc Fee:0.00 GARFIELD COUNTY CO all as more fully set forth below. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner ("Parties") agree as follows: Agreement I. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the tenns and conditions of this SIA, the Preliminary Plan Approval, and the requirements of the Garfield County Unified Land Use Resolution of 2008 and any other governmental or quasi-governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time prescribed herein. 2. OWNER'S PERFORMANCE AS TO SUBDMSION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Owner shall cause to be constructed and installed the subdivision improvements, identified in the Exhibits defined in subparagraph 2.a.i, below ("Subdivision Improvements") at Owner's expense, including payment of fees required by Garfield County and/or other goveromental and quasi~governmental entities with jurisdiction. The Subdivision hnprovements, except for revegetation, shall be completed on or before the end of the first full year following execution of this SIA ("Completion Date''), in substantial compliance with the following: i. Plans marked "Approved for Construction" for all Subdivision Improvements prepared by High Country Engineering and submitted to the BOCC on January_, 2010, such plans being summarized in the list of drawings attached to and made a part of this SIA by reference as Exhibit A; the estimate of cost of completion, certified by and bearing the stamp of Owner's professional 2 Ill\ t:r,~.¥1,,1\~.l'liiU ~ \i\lof)ll¥/.tltl,UU.Mit~"& IIIII R•eeption": 765080 04(26/2010 11:11:00 RM Jean ~lberioO 3 of 27 Reo Fee:$141.00 Coo Fee:0.Q0 G~RFIELD COUNTV CO engineer licensed in the State of Colorado ("Owner's Engineer"), attached to and made a part of this SlA by reference as Exhibit B; and all other documentation required to be submitted along with the Final Plat under pertinent sections of the Garfield County subdivision and zoning regulations ("Final Plat Documents"). ii. All requirements of the Preliminary Plan Approval. iii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi-governmental authority(ies) with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; the record drawings to be submitted upon completion of the Subdivision Improvements, as detailed in paragraph 3(c), below; and all other requirements of this SlA have been met, then the Owner shall be deemed to have satisfied all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and the Garfield County zoning and subdivision regulations, with respect to the installation of Subdivision Improvements. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS. a. Subdivision Improvements Deposit Agreement and Substitute Collateral. As security for Owner's obligation to complete the Subdivision Improvements, other than revegetation, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, an executed Deposit Agreement, in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SlA by reference as Exhibit C ("Deposit Agreement"). Simultaneously therewith, and pursuant thereto, Owner shall 3 Ill\ Wo.F1Wa.\l.1 l.~l,o.~T.'«)~IIIJ,IIU ~' IV'•r.~·~ IIlii Reception#: 785060 04/26/2010 11,11:00 !=It'\ Jean lUber icc 4 of 27 Rec Fee:$141 .00 Ooc Fee:0.00 GARFIELD COUNTY CO deposit with the Garfield County Treasurer, the sum of two thousand seven hundred and ninety-four dollars and no cents ($2,794.00), representing the full estimated cost of completing the Subdivision Improvements, except revegetation, with a sufficient contingency to cover cost changes, unforseen costs and other variables (not less than 1 0°/o of the estimated cost and as approved by the BOCC), as set forth and certified by Owner's Engineer on Exhibit B, to guarantee completion of the Subdivision Improvements. The Garfield County Treasurer shall place the funds in an interest bearing account (the "Quicksilver Court Subdivision Improvements Treasurer's Account") and disburse funds therefrom in accordance with the terms of the Deposit Agreement. b. Plat Recording. The Final Plat of the Subdivision shall not be recorded until the security, described in this paragraph 3 has been approved by the BOCC and received by the Garfield County Treasurer. c. Extension of Deposit Agreement Expiration Date. If the Completion Date, identified in paragraph 2.a., above, is extended by a written amendment to this S!A, the time period for the validity of the Deposit Agreement shall be similarly extended by the Owner. For each six (6) month extension, at the sole option of the BOCC, the deposited sum shall be subject to re-certification by Owner's Engineer of the cost of completion and review by the BOCC. d. No Partial Release of Security. Owner may not request partial releases or disbursements from the disbursements Quicksilver Court Subdivision Improvements Treasurer's Account under this SIA or the Deposit Agreement. e. Written Reauest for Release of Security. Upon completion of all Subdivision Improvements, other than or including revegetation, Owner shall submit to 4 1111 W.oP~~.i\~.J'Ili\1'1'11.\IM.IIN,Nr\Lrl-'itllt~ll"\t~"l, IIIII Rceeption~: 78S080 04/26/201€1 11:11:0G F1M Jean J:llberico S or 27 Reo Fee:$141.00 Doc Fee:0.00 GARFIELD COUNTY CO the BOCC, through the Building and Planning Department: I) record drawings bearing the stamp of Owner's Engineer certifying that all Subdivision Improvements have been constructed in accordance with the requirements of this SIA. including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and digital format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeo'Yiler's Association of the Subdivision at the time of Final Plat Approval; and 3) a Written Request for Disbursement/Release, along with Owner's Engineer's stamp and certificate of completion of improvements. f. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the Owner's "Written Request for Disbursement/Release," in the form attached to and incorporated herein as Exhibit D, along with Owner's Engineer's certificate of completion of improvements, the BOCC may review the certification and may inspect and review the Subdivision Improvements certified as complete to determine whether or not they have been constructed in compliance with relevant specifications, as follows: i. If no letter of potential deficiency is furnished to Owner by the BOCC within fifteen (15) business days of submission of Owner's Written Request for Disbursement/Release, accompanied by Owner's Engineer's certificate of completion of improvements, all Subdivision Improvements certified as complete shall be deemed approved by the BOCC, and the BOCC shall execute an "Acknowledgment of Satisfaction" and authorize release of the security, including the contingency amount identified on Exhibit B, in the form attached to and incorporated herein as Exhibit E. ii. If the BOCC chooses to inspect and determines that all or a portion 5 1111 tro~onW~o~.M11,1MIIfltl-l\l, Ml fPM,I'If\1¥\tlN IIIII ReeepllonM: 785080 04126/2010 11:11·00 AM Jean Rlberieo 6 of 27 Reo Fee;$141 .00 Doc Fee:0.0~ GARFIELD COUNTY CO of the Subdivision Improvements certified as complete are not in compliance with the relevant specifications, the BOCC shall furnish a letter of potential deficiency to the Owner, within fifteen (15) business days of submission of Owner's Written Request for Disbursement/Release. iii. With respect to Subdivision bnprovements identified as potentially deficient in a letter of potential deficiency, the BOCC shall have thirty (30) days from the date of the letter to complete the initial investigation, begun under subparagraph 3.f.ii., above, and provide written confirmation of the deficiency(ies) to the Owner. If the BOCC then fmds that the Subdivision hnprovements are complete, in compliance with the relevant specifications, then the BOCC shall execute an "Acknowledgment of Satisfaction" and authorize release of the security within ten (10) business days after completion of such investigation. g. BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the thirty (30) day period of time, defined in subparagraph 3.e. above, that the Subdivision Improvements are not complete, or if the BOCC determines that the Owner will not or cannot construct any or a\1 of the Subdivision hnprovements, whether or not Owner has submitted a Written Request for Disbursement/Release, the BOCC may withdraw and employ from the Quicksilver Court Subdivision bnprovements Treasurer's Account such funds as may be necessary to construct the Subdivision Improvements in accordance with the specifications. In such event, the BOCC sha\1 make a written fmding regarding Owner's failure to comply with this SIA prior to requesting payment from the Quicksilver Court Subdivision hnprovements Treasurer's Account. In lieu of or in ~ addition to drawing on the Quicksilver Court Subdivision Improvements Treasurer's 6 1111 Ml'o~of1,,11\.~.MU ~ lil',IP\ll'll~lW.III\ llf'U~ IIIII Reception~; 78~080 04126/2010 11:11:00 AM Jean P.Ibari.eo 7 of 27 Rec Fee;$141.0Q Doc Fae:0.00 GARFIELD COUNTY CO Account, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA regarding Subdivision Improvements. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies) prior to requesting payment from the Quicksilver Court Subdivision Improvements Treasurer's Account or filing a civil action. 4. SECURITY FOR REVEGETATION. Because the amount of disturbance related to construction and installation of the Subdivision Improvements is less than one-half (112) acre in size, BOCC does not require security for revegetation. 5. WATER SUPPLY. As stated in paragraph 12, below, prior to issuance by the BOCC of any certificates of occupancy for any residences or other habitable structures constructed within the Subdivision, Owner shall install, connect and make operable a water supply and distribution system for potable water and fire protection in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution system(s) shall be as shown on the Final Plat. Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water system(s), for recordation following recording of the Final Plat and this SIA. All facilities and equipment contained within the water supply system(s) shall be transferred by Owner to the Homeowner's Association of the Subdivision by bill of sale. 6. PUBLIC ROAD -QillCKSILVER COURT. Quicksilver Court shall be dedicated by the Owner to the public as public rights-of-way and shall be accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The Homeowner's Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of Quicksilver Court, including the traveled surface of the roadways and portions of the rights-of-way outside of 7 1111 ~\l'.~o~l~.ll'a.i,~.IW~.IIM.Ir!'ll,tlt\~tlii'·IIP~ ~UoJ. IIIII Receptlon#: 785080 04f26/2010 11:11:00 RM Jean Alberico 8 of 27 Rec Fee:$141.00 Doc Fee:0.00 G~RFIELD COUNTY CO the traveled surface. The BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision. 7. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all public road rights-of-way within the Subdivision shall contain easements for installation and maintenance of utilities. Public utility easements shall be depicted on the Final Plat and deeded by recorded instrument to the Homeowners' Association of the Subdivision for the benefit of public utility providers. The Homeowner's Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements depicted on the face of the Final Plat by separate document, the Owner or Homeowner's Association of the Subdivision shall execute and record the required conveyance documents. 8. INDEMNITY. The Owner shall indemnity and bold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision Improvements, including revegetation, and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this S!A. The Owner, however, does not indemnity the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notifY the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC's rights under this 8 1111 W.~o~l,,\\~.l'tll.!llrltllff,l~ tw.l.~ lllfi,Hit~·~ IIIII Reception#: 785080 04/2612010 11:1\:00 AM Jean Rlberleo 9 of 27 Rec. Fea:$141.00 Doc F•e:IL00 GARFIELD COUNTY GO paragraph. Nothing in this paragraph shall be construed to constitute a waiver of governmental immunity granted to the BOCC by Colorado statutes and case law. 9. TRAFFIC IMPACT FEE. Pursuant to the Garfield County subdivision regulations, a Traffic Impact fee of sixteen thousand five-hundred and sixty dollars ($16,560) has been established for the six (6) new residential units within the Subdivision. Owner shall pay fifty percent (50%), i.e., eight thousand two hundred and eighty dollars ($8,280) of the Traffic Impact Fee to the Garfield County Treasurer at or prior to the time of recording of the Final Plat. The remaining 50%, i.e., eight thousand two hundred and eighty dollars ($8,280) will be collected pro rata (i.e. thirteen hundred and eighty dollars, $1,380) from the Owners of Lots 1, 2, 4, 5, 6, and 7 at the time a building permit issues for a residence within the Subdivision. 10. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the RE-2 School District, calculated in accordance with the Garfield County Unified Land Use Resolution of 2008 and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows: $200.00 per new residential unit within the Subdivision. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, twelve hundred dollars ($1,200.00) as a payment in lieu of dedication of land to the RE-2 School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of§ 30-28-133, C.R.S., as amended, and the Garfield County Unified Land Use Resolution of2008. The Owner agrees that it is obligated to pay the above-stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of 9 1111 Wo~ollln.II'Jil~fl.l ~\lrl, l¥oll ,I.Pr.:rr1~11'1:!1¥1, ~·1. IIIII Reception#: 78~080 04f26f2010 11:11:00 ~M Jean Alberico 1Q of 27 Rae Fee:$141.00 Doc Fee:0.00 GARFlELD COUNTY CO land dedication to the RE-2 School District. II. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of lhe Final Plat in lhe records of the Garfield County Clerk and Recorder. 12. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any residence or olher habitable structure to be constructed within lhe Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to lhe satisfaction oflhe Rifle Fire Protection District ("District"), if ihe Fire District has so required, that there is adequate water available to lhe construction site for the District's purposes [and all applicable District fees have been paid to the District]. No certificates of occupancy shall issue for any habitable building or structure, including residences, wilhin the Subdivision until all Subdivision bnprovements, except revegetation, have been completed and are operational as required by this SIA 13. CONSENT TO VACATE PLAT. In lhe event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate lhe Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions lhereof, by resolution. 14. ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding ofbuilding permits and certificates of occupancy, provided for in paragraph 12, and the provisions for plat vacation, detailed in paragraph 13, above, it is mutually agreed by the 10 111/llrr~. liflllr'Jii~~~I~'.I+~M lrlr:fl1 t~lflo'll'~ ~·~ IIIII Reception#: 78~080 04/26/2010 11:11:00 AM Je~n Alberico 11 of 27 Reo Fee:$141.00 Doc Fee:0.00 GARFIElD COUNTY CO BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. 15. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 16. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 17. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: OWNER: G. H. Daniels, III Gregory Hasenberg 1155 Quicksilver Way Rifle, Co 81650 BOCC: 176 G.H. Daniels Blvd. Gypsum, CO 81637 Board of County Commissioners 11 1111 W.~o IIV!II'Jill "riK\~(o:.l'+\~lfi'(W\A'III'« ~·~ IIIII Reception#: 785080 04/26/2010 11:11:00 ~M J•an Alberico 12 of 27 Reo Fea:$141.00 Doc Fe9:0.00 GARFIELD COUNTY CO of Garfield County, Colorado clo Building & Planning Dir. 108 s'" Street, Suite 40 I Glenwood Springs, CO 8160 I Phone: (970) 945-8212 Fax: (970) 384-3470 18. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date,. substitution of the form of security, or approval of a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 17, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 19. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 20. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. 12 1111 fr.~ot'Cn!~JiiMikii'Jt.hfo~ *LI'IV'Ir1l.li1~!Wii~ ~·~ IIIII Reception#: 785080 04/261~10 11:11:00 ~1'1 Jun AlberLco 13 of 27 R•c F•e:$141.00 Doc Fee:0.Q~ GARFIELD COUNTY CO IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. ATIEST: ~~/ GregorJ~nberg, O Date: .:J//z/!o STATEOFCOLORADO ) )ss. COUNTY OF GARFIELD ) BOARD OF COUNTY COMMISSIONERS OF GARFffiLD OOUNTY, COLORADO By: "f.r1;.0 ' I "t Chainnan ""' 1 z Date: "= kF" r I ... ( · r 7 By: G. H. Daniels, Ill G<iJk2-- Date: ~ Subscribed and swom/9-tbefore ~,1,9f~ory Hasenberg and G.H. Daniels, III, as Owner ofthe Subdivision, this _·_ { day of~ 2010. WITNESS my hand and official seal. My commission expires:J«J:} / R, .2 01 Q._, ~0~~¥¥~ 13 11\llf.ollU'!IP"JhU+~IIW'lM !+1/.lrl~l'll~loi'lj:~. ~·ol. II Ill ReceplionU: 785080 04/26/20\~ 11:11:00 AM Je~n Alberico 14 of 27 Rec F•e:$141.00 Doc Fee:0.QC GRRFIELD COUNTY CO Summary of Final "Approved for Construction" Plans I. Final Plans-Cover Sheet; 2. Final Plat Page I; 3. Final Plat Page 2; 4. Existing Conditions Map; 5. Grading, Drainage, and Erosion Control Plan; 6. Pond Grading Plan with Erosion Control; 7. Quicksilver Court Plan and Profile; 8. Master Utility Plan; 9. Water Supply Plan Details; I 0. Fire Protection Plan; 11. Final Plat Detail Sheet. EXHffilTA ...,_,.,.. L ._,;_,._......,. •• ._.,_.,.....,_,..._ :&"'.=" .. ':'.O::::'O:.=-:~~:..:f""...:."-"''-.. ..,. .. __ _ L =.::=.:.=..-=:t..-=~ .. W"=:~ .. ~ ::-....::"~":r~"!..r.Jf,-r=" ....... _ L :".!:1.::~.:-~..=..~-I'IC--....-... L .. _ _.. ______ ..__,_...,_ @($~5~-f-.:L:a=~.:r.... 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II.U-1-10 ll.'-1.1.1 ~t.U.l IU'-U ·~· Jt.u.u IUUU IU.I.I ·~u II.S.U.I IU.U ouu 11.0-1 "4 11.HU lLU.U _............,,_,. ___ ._...... ----~--~- •• -::;;r·-··-/'-- " " ® mgrun " Hiah Countty Engineering, Inc. cannot be held responsible for variances from its estimate liS actual cost5 mo.y vary due to bid 1111 W.~oi~~JiiR~~I!t!~ ~ r+\1. I.Wr+J~Ifr:~t*'i IIIII Reception#: 785080 04/26/2010 11: 11 :00 AI'\ Je~n Alber leo 25 of 27 Rec Fee:$141.00 Doo Fee:0.00 GRRFIELD COUNTY GO 1 of 1 ----··-· 1111 W•lifnoii'J!IW.tw.IMN!I~Iftll:f*\\"1~1\¥1 ~·~ IIIII Reception#: 785080 04/26(2010 11: 11 :00 RM Je•n Albel" h;:Q 26 of 27 Reo Fee:$141.00 Dec Fee.-0.~0 GARFIELD COUNTY CO EXHIBITD REQUEST FOR DISBURSEMENT/RELEASE OF SECURITY Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8"' Street, Suite 401 Glenwood Springs, CO 8160 l RE: Quicksilver Court Subdivision This request is written to formally notify tbe BOCC of work completed for the Quicksilver Court Subdivision. On behalf of Owner, I request that the BOCC review the attached Engineer's Certificate of Completion and approve a full release of the security in the amount of two thousand seven hundred and ninety-four dollars ($2,794.00). Attached is the certified original cost estimate and work completed schedule, showing that all improvements required by the Improvements Agreement and secured by sums held in the Quicksilver Court Subdivision Improvements Treasurer's Account have been completed. Also enclosed are the following, required by the Improvements Agreement dated '/[i'i/10 between Owner and the BOCC, recorded at Reception No. ]TSO'?O at the Real Estate Records of the Garfield County Clerk and Recorder (the "SIA''): 1. record drawings bearing the stamp of Owner's Engineer certifYing that all improvements have been constructed in accordance with the requirements of the lA, both in hand copy and digital format acceptable to the BOCC; and 2. copies of instruments conveying real property and other interests which Owner was obligated to convey to the homeowner's association or other entity at the time of final Plat Approval. If further information is needed, please contact G. H. Daniels, Ill at 970.471.0920. OWNER: ~ ~Dai:l\els, Ill Date: fU-p/!o Ill\ W.olifni~J!iMI~ 1~.1+&!\W, l'!!~frlliilr~~U·~ II II I Reception~: 765080 04/26/2010 11:11:~0 ~M Jean Rlberico 27 of 27 Ree Fee:$141.00 Doc Fee:0.00 G~RFI£LO COUNTY CO EXIDBITE ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER TREASURER'S DEPOSIT AGREEMENT Recitals 1. G. H. Daniels, III and Gregory Hasenberg, as individuals (collectively referred to herein as "Owner"), entered into a 2010 Garfield County Treasurer's Deposit Agreement with the Board of County Commissioners of Garfield County, Colfrado ("BOCC'') and the Treasurer of Garfield County, Colorado ("Treasurer") dated 'I~ /0 and recorded as Reception Number 115 O]<f of the Real Estate erords of the Garfield County Clerk and Recorder ("Deposit Agreement"). 2. Owner has presented certification to the BOCC from a licensed engineer that construction of Improvements is fmal and/or written approval from the Garfield County Vegetation Manager that revegetation is successful and in accordance with the Improvements Agreement between the BOCC and Owner recorded as Reception Number JT§0'/0 ("lA "). Acknowledgement NOW THEREFORE, at the request of Owner and in consideration of the premises and the prior agreements contained in the Deposit Agreement and the IA, the BOCC hereby: I. acknowledges full satisfaction of the security requirements of the IA; 2. authorizes disbursement of funds from the Quicksilver Court Subdivision Treasurer's Account in the amount of $2,794.00, resulting in a remaining balance of $0.00; 3. authorizes and directs the Treasurer to release the funds held in the Treasurer's Account to George H. Daniels, Ill. ATTEST: Clerk to the Board BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: John Martin, Chairman Date: .. - PLAT NOTES: 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N00'53'38"W BETWEEN THE NORTH-WEST 1/16 CORNER OF SECTION 27, A REBAR & CAP LS#9009 IN PLACE AND THE WEST 1/16 CORNER OF SECTION 27, A REBAR & CAP LS#9009 IN PLACE AS SHOWN HEREON. 2. DATE OF SURVEY: DECEMBER 2008. 3. BUILDING SETBACKS ARE THE SAME AS RECORDED ON THE DECLARATION OF EASEMENTS, RESTRICTIONS AND COVENANTS FOR GRASS MESA RANCH, IN BOOK 628 ON PAGE 503 EXCEPT AS SHOWN HEREON. 4. BEARINGS AND DISTANCES SHOWN IN PARENTHESIS ARE FROM THE BOUNDARY SURVEY OF GRASS MESA RANCH PREPARED BY JERRY BAUER L.S.#9009 DATED JUNE 11, 1985. 5. ONE (1) DOG v.1LL BE ALLOWED FOR EACH RESIDENTIAL UNIT AND THE DOG SHALL BE REQUIRED TU BE CONFINED WITHIN THE OWNER'S PROPERTY BOUNDARIES. 6. NO OPEN HEARTH SOLID-FUEL FIREPLACES v.1LL BE ALLOWED ANYv.1HERE v.1THIN THE SUBOIVlSION. ONE (1) NEW SOLID-FUEL BURNING STOVE AS DEFIED BY C.R.S. 25-7-401, ET. SEW., AND THE REGULATIONS PROMULGATED THEREUNDER, v.1LL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS v.1LL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 7. ALL EXTERIOR LIGHTING v.1LL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING v.1LL BE DIRECTED INWARD AND DOWNWARD TOWARDS THE INTERIOR OF THE SUBDIVlSION, EXCEPT THAT PROVlSIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. 8. NO FURTHER DIVlSIONS OF LAND 'MTHIN THE SUBDIVlSION v.1LL BE ALLOWED. 9. COLORADO IS A "RIGHT-TO-FARM" STATE PURSUANT TO C.R.S. 35-3-101. ET SEQ. LANDOWNERS, RESIDENTS AND VlSITORS MUST BE PREPARED TO ACCEPT THE ACTIVlTIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVlNG IN A COUNTY v.1TH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, OUST, SMOKE CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHER1'>1SE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES. AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS A PART OF A LEGAL AND NON-NEGLIGENT AGRICULTURAL OPERATIONS. 10. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS 'MTH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE 'MTH ZONING. AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVlNG & SMALL SCALE AGRICUL lURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELID COUNTY. 11. BASED ON THE ANALYSIS OF THE SUB-SOILS ON THE PROPERTY, INDIVIDUAL SEWAGE DISPOSAL SYSTEM AND FOUNDATION DESIGNS ARE REQUIRED TO BE CONDUCTED BY A REGISTERED PROFESSIONAL ENGINEER LICENSED TO PRACTICE 'MTHIN THE STATE OF COLORADO. THESE STUDIES AND PLANS SHALL BE SUBMITTED 'MTH INDIVlDUAL BUILDING PERMIT APPLICATION FOR EACH LOT. THE COST OF THESE STUDIES SHALL BE BORNE BY THE INDIVIDUAL PROPERTY OWNER. 12. ALL STREETS ARE DEDICATED TO THE PUBLIC BUT ALL STREETS v.1LL BE CONSTRUCT£D TO STANDARDS CONSISTENT v.1TH SECTION 9; 35 OF THE SUBDIVlSION REGULATION OF 1984, AS AMENDED AND REPAIR AND MAINTENANCE SHALL BE THE RESPONSIBILITY OF THE QUICKSILVER COURT HOMEOWNERS' ASSOCIATION OF THE SUBOIVlSION. 13. THE MINERAL RIGHTS ASSOCIATED 'MTH THIS PROPERTY HAVE BEEN PARTIALLY SEVERED AND ARE NOT FULLY INTACT OR TRANSFERRED v.1TH THE SURFACE ESTATE THEREFORE ALLO'MNG THE POT£i'.(l o;'.i... F"OR ;..jATVRh:.. :::~.:"....OU2C:..: cxr:, b,C";lC~J C.t.; -:-:IE P:\C,""E~, T'( EY i: :::: Mi;.j~~t.L. t.:::;T ;., T[ Ol'otJER(S) OR LESSEE(S) 14. ALTHOUGH NO ACCESSORY DWELLING UNITS v.1ERE APPROVED THROUGH THE PRELIMINARY PLAN PROCESS, ALL FUTURE PERMITTED ACCESSORY DWELLING UNITS SHALL BE LIMITED TO 1,500 SQUARE FEET AND MAY NOT BE CONVEYED INTO SEPARATE OWNERSHIP. 15. ALL LOTS ARE SUBJECT TO THE DECLARATION OF EASEMENTS, RESTRICTIONS AND COVENANTS FOR GRASS MESA RANCH. 16. THE OWNER OF EACH LOT SHALL DEMONSTRATE THAT THE REQUIRED 10DO GALLON SfORAGE TANK HAS BEEN CONSTRUCTED PRI~R TO TjiE ISSUANCE OF A CERTIFIC~~JE OF OCCUPANCY. 11. Au f1CA~1'611As pld-w•'ft-t.. 11t1 ~ c211i~-;· 'kff' c.,.,...,-t~w\~ (Arc... '" <-f VI( &v-~ ~J..L rid' _ " r')I);J,.M.t• <N --I+W lt. Aft prt-v•<~ Cw~stl Nrwvd!_ ~ fk C2.utd1"SI~ WW1 COUNTY SURVEYOR'S CERTIFICATE V.~'~ I~ qjJfW W( C..tt~.t-L.,l ffJ:' APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS AND DRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ. DATED THIS ____ DAY OF --------------• 2011. BY:---------------------------------- GARFIELD COUNTY SURVEYOR CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF --------------• UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID FULL. DATED THIS -----DAY OF -----------------A.D., 2011. BY: ______________________________ _ TREASURER OF GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE THIS AMENDED FINAL PLAT OF OUiCKSII VER COURT SUBDIVISION IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO THIS --------DAY OF -----------• 2011, FOR FILING v.1TH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHO'MN HEREON, SUBJECT TO THE PROVlSION THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE~ c·? CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC ' DEDICATIONS SHO'MN HEREON. BY: _________________________________ _ CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO v.1TNESS MY HAND AND THE SEAL OF THE COUNTY OF GARFIELD. A ITEST: --------------------------- COUNTY CLERK NOTICE ACCORDING TO COLORADO LAW YOU NUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 'MTHIN THREE )'EARS AF'TER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT ~AY ANY ACTION BASED UPON ANY DEFECT IN THIS SURIJEY BE COt.IMENC£0 t.IORE THAN TEN YEARS FROM THE DATE($ CERTIFICATION SHO'IIN HEREON. AMENDED FINAL PLAT QUICKSILVER COUR'T SUBDIVISION A BEING A REPLAT PARCEL OF LOT 2 OF LAND AND THE RANCH OF SECTION 2A GRASS MESA IN TI:IE SW1/ 4 OF SECTION 27, / 22 TOWNSHIP 6 SOUTH., COUNTY AND LOT SITUATED NWl/4 RANGE 93 WEST OF THE 6TH PRINCIPAL OF GARFIELD, STATE OF COLORADO MERIDIAN, "PURPOSE OF THIS AMENDED FINAL PLAT IS TO ADJUST THE LOT LINE BETWEEN LOT 5 AND LOT 6" EXCEPTIONS THIS PROPERTY IS SUBJECT TO EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE CO. DATED JANUARY 12, 2011 (ORDER NO. GW63006111). 1. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 01, 1917, IN BOOK 92 AT PAGE 304. (STANDARD PATENT EXCEPTION) 2. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JUNE 07, 1983, IN BOOK 628 AT PAGE 503 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 02, 1994, IN BOOK 924 AT PAGE 292 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 01, 1995, IN BOOK 951 AT PAGE B83, AMENDMENT RECORDED NOVEMBER 7, 1995 IN BOOK 958 AT PAGE 68 AND AMENDMENT RECORDED FEBRUARY 26, 1996 IN BOOK 968 AT PAGE 182 AND CORRECTED AMENDMENT RECORDED MAY 7, 2002 IN BOOK 1352 AT PAGE 962, AND AMENDMENT RECORDED SEPTEMBER 25, 2003 IN BOOK 1522 AT PAGE 832, AND AMENDMENT RECORDED APRIL 15, 2004 IN BOOK 1577 AT PAGE 998, AND AMENDMENT RECORDED FEBRUARY 2, 2010 UNDER RECEPTION NO. 781491. (EASEMENTS AND SETBACKS ARE SH01'>1N ON PLAT) 3. OIL AND GAS LEASE RECORDED NOVEMBER 22. 1993 IN BOOK 862 AT PAGE 890, ANY AND ALL ASS1GNMENTS THEREOF OR INTEREST THEREIN. 4. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE. (BLANKET STATEMENT ENCUMBERING THE SUBJECT PROPERTY) 5. EASEMENT AND RIGHT OF WAY FOR ELECTRIC TRANSMISSION LINE AND ACCESS RECORDED MARCH 25, 1985 IN BOOK 666 AT PAGE 210. 6. TERMS, CONDITIONS, PROVlSIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN RIGHT OF WAY GRANT RECORDED JANUARY 9, 1984, NON-EXCLUS1VE ROAD EASEMENT RECORDED JANUARY 23, 1965 IN BOOK 672 AT PAGE 761, AMENDMENT THERETO RECORDED OCTOBER 1D, 1985 IN BOOK 677 AT PAGE 56 AND GRANT OF EASEMENT RECORDED SEPTEMBER 10, 1986 IN BOOK 694 AT PAGE 740. (EASEMENT FOR GRASS MESA ROAD) 7. EASEMENTS RIGHTS OF WAY, TERMS AND CONDITIONS OF EASEMENT AGREEMENT RECORDED JUNE 6. 1996 IN BOOK 980 AT PAGE 839. (SNYDER OIL PIPELINE EASEMENT UNDER GRASS MESA ROAD) ~ r 8. TERMS CONDITIONS AND PROVlSIONS OF SURFACE FACILITY GRANT RECORDED DECEMBER 12, 1995 IN BOOK 960 AT PAGE 928. (ODES NOT AFFECT THE SUBJECT PROPERTY) 9. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 19, 1998 IN BOOK 1099 AT PAGE 210. 10. TERMS, CONDITIONS AND PROVlSIONS OF RIGHT-OF-WAY EASEMENT RECORDED FEBRUARY 27, 2009 AT RECEPTION NO, 763921. (EASEMENT IS SHOWN ON PLAT) ~TERMS, CONDITIONS AND PROVlSIONS OF AGREEMENT RECORDED MARCH 11, 2004 IN BOOK 1567 AT PAGE 796. (RULES FOR ROAD MAINTENANCE & REPAIR) 12. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTE ON THE PLAT OF GRASS MESA ROAD PLAT RECORDED SEPTEMBER 15, 2003, 14. A PORTION OF THE EASEMENT DEPICTED ON THE PLAT RECORDED MARCH 25, 1985 UNDER RECEPTION NO. 360447 WAS VACATED BY INSTRUMENT RECORDED OCTOBER 13, 2009 UNDER RECEPTION 776322. 15. TERMS. CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED MARCH 08, 2007 IN BOOK 1900 AT PAGE 513. (WATER ALLOTMENT CONTRACT) 16. TERMS, CONDITIONS AND PROVISIONS OF RIGHT-OF-WAY EASEMENT RECORDED DECDdBER 12, 2008 AT RECEPTION NO, 760053. (EASEMENT IS SHO'MN ON PLAT) 17. TERMS, CONDITIONS AND PROVIS10NS OF RESOLUTION NO. 2DD8-138 RECORDED DECEMBER 17, 2006 AT RECEPTION NO. 760233. (SEE PLAT NOTES 5 TROUGH 15) 18. TERMS, CONDITIONS AND PROVISIONS OF RIGHT-OF-WAY EASEMENT RECORDED APRIL 09, 2009 AT RECEPTION NO. 765992. (EASEMENT IS SHOWN ON PLAT) 19. TERMS, CONDITIONS AND PROVISIONS OF ACCESS EASEMENT RECORDED JULY 27, 2009 AT RECEPTION NO. 772125. (EASEMENT IS SHOWN ON PLAT) 20. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT RECORDED SEPTEMBER 18, 2009 AT RECEPTION NO, 775288. (WATER ALLOTIMENT CONTRACT). 21. TERMS, CONDITIONS AND PROVIS10NS OF WEST DIVIDE WATER CONSERVANCY DISTRICT CONTRACT APPLICATION RECORDED SEPTEMBER 18, 2009 AT RECEPTION NO. 775287 AND 775288. (WATER ALLOTMENT CONTRACT). 22. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOI'otJ OR RESERVED IN THE QUIT CLAIM DEED RECORDED OCTOBER 13, 2009 UNDER RECEPTION NO. 776322. (NO EASEMENTS REFERENCED IN QUIT CLAIM DEED) 23. TERMS, CONDITIONS AND PROVlSIONS OF GRASS MESA HOMEOI'otJERS ASSOCIATION RESOLUTION OF THE SOARD OF DIRECTORS NO. 20008-03 RECORDED FEBRUARY 02, 2010 AT RECEPTION NO. 781490. (BLANKET STATEMENT ENCUMBERING THE SUBJECT PROPERTY) 24. TERMS, CONDITIONS AND PROV1S10NS OF RESOLUTION 2010-21 RECORDED APRIL 20, 2010 AT RECEPTION NO. 784926. (APPROVAL OF PRELIMINARY PLAN OF QUICKSILVER COURT SUBDIVlSION) 25. TERMS, CONDITIONS AND PROVlSIONS OF 2010 GARFIELD COUNTY TREASURER'S DEPOSIT RECORDED APRIL 26, 201 0 AT RECEPTION NO. 7B5079. 26. TERMS. CONDITIONS AND PROVIS10NS OF QUICKSILVER COURT SUBDIVISION, SUBDIVlSION IMPROVEMENTS RECORDED APRIL 26, 2010 AT RECEPTION NO. 785080 27. TERMS, CONDITIONS AND PROVIS10NS OF RIGHT-OF-WAY DEED RECORDED APRIL 26, 2010 AT RECEPTION NO. 785074. (QUICKSILVER COURT DEED) 28. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED RECORDED APRIL 26, 2010 AT RECEPTION NO. 785078. (EASEMENTS ARE SHOWN ON PLAT) 29. TERMS, CONDITIONS AND PROVlSIONS OF EASEMENT DEED RECORDED APRIL 26, 2010 AT RECEPTION NO. 785076. (EASEMENTS ARE SHOWN ON PLAT) 30. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF QUICKSILVER COURT SUBDIVlSION RECORDED APRIL 26, 2010 UNDER RECEPTION NO. 785073. (EASEMENTS AND NOTES ARE SHOWN ON PLAT) 31. RESTRICTIVE COVENANTS, 'MHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATIUS, DISABILITY, HANDICAP, NATIONAL ORIGIN. ANCESTRY. OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED APRIL 26, 2010, UNDER RECEPTION NO 785077. (EASE~ENTS ARE SHO'MN ON PLAT.) 32. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED APRIL 26, 2010 AT RECEPTION NO. 785075. (QUIT CLAIM OF QUICKSILVER COURT TO HOMEO'MNERS ASSOCIATION) 33. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF SERVlCES RECORDED OCTOBER 13, 2009 AT RECEPTION NO. 776330. (BLANKET STATEMENT ENCUMBERING THE SUBJECT PROPERTY). 34. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF GAS GATHERING RECORDED JANUARY 25, 2007 AT RECEPTION NO. 715970 AND FIRST AMENDED AND RESTATED GAS GATHERING RECORDED JULY 29, 2008 UNDER RECEPTION NO. 753222 AND MEMORANDUM OF FIRST AMENDMENT TO FIRST AMENDED AND RESTATlED GAS GATHERING RECORDED 10, 1 2010 UNDER RECEPTION NO. 792321. (BLANKET STATEMENT ENCUMBERING THE SUBJECT PROPERTY) HIGH SHEET 1 OF 2 -· r ;,•)>I ' ,~..: j > . ... .· ~··.i;-:~::'~:~ ~--~---.~··--·~..-: GRASS SITE-- ., " . ' SECTIONS 22 & 27, TO'MNSHIP 6 S, RANGE 93 W, 6TH P.M . VICINITY MAP SCALE: 1" -2000' LIENHOLDER CONSENT AND SUBORDINATION / ,.-·· THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE REAL PROPERTY PLATTED AND DIVlDED AS SHO'MN UPON THE Vo1THIN AMENDED FINAL PLAT OF QUICKSILVER COURT SUBDIVISION CERTIFIES THAT THE UNDERSIGNED HAS REVlEWED THE AMENDED FiNAl Pi AT OF QUICKSILVER COURT SUBDIVISION AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID AMENDED FINAl PI AT OF OUICKSJJ yER CO!JRT StJRQIVIS!ON Mm TO THE RF.:COROit·-iG THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID AMENDED FINAL PLAT OF QUICKSILVER COURT SUBDIVISION AS STATED IN THE CERTIFICATE OF DEDICATION AND Ol'otJERSHIP EXECUTED BY THE O'MNER(S) HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO 'MHICH SUCH DEDICATION IS MADE. EXECUTED THIS ______ DAY OF -----------------• A.D., 2011. GMAC MORTGAGE, LLC, A DELWARE CORPORATION BY=--------------------------------LIMITED SIGNING OFFICER STATE OF IOWA ) ) ss COUNTY OF BLACK HAW ) THE FOREGOING LIENHOLDER CONSENT AND SUBORDINATION WAS ACKNOWLEDGED BEFORE ME THIS ----DAY OF -------------------2011, BY --------------------· MY COMMISSION EXPIRES: ----------------------- WITNESS MY HAND AND SEAL: NOTARY PUBLIC MINERAL RIGHTS HOLDERS RUDOLPH ASSOCIATES, LLC C/0 CAROL RUDOLPH 3114 4TH STREET BOULDER, CO 80304 DEVON SFS OPERATING, INC. ATTN: PATRICIA TISDALE 20 NORTH ROAD OKLAHOMA CITY, OK 73102-8260 SNYDER OIL AK.A. COUN'RY ENGINEERING, INC. SANTA FE SNYDER CORPORATION REGISTERED AGENT: PRENTICE-HALL CORP. SYSTEM, INC. 1560 BROADWAY, SUITE 2090 DENVER, CO 80202 CONSULTIG ENGINEERS AND SURVEYORS 1517 '..AKE AVENUE, SUITE 101 GLENWOO SPRINGS, COLORADO 81601 (970) 945-8676 .- LAND USE SUMMARY LOT ADDRESS USE AREA 1 2 3 4 5 6 7 0603 QUICKSILVER COURT 1155 QUICKSILVER WAY 0301 QUICKSILVER COURT 0605 QUICKSILVER COURT 0606 QUICKSILVER COURT 06D4 QUICKSILVER COURT 0302 QUICKSILVER COURT RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL 17.262 ACRES 10 528 ACRES 11.307 ACRES 10.011 ACRES 10.004 ACRES 10.012 ACRES 10.021 ACRES TITLE CERTIFICATE TOTAL LOT AREA RIGHT OF WAY AREA TOTAL AREA 79.145 ACRES D.690 ACRES 79.835 ACRES .., AslAif THE UNDERSIGNED, .A DULY AI.}THORIZED IJ@f llt!5~1'1t li'~OF LAND TITLE GUARANTEE COMPANY, DOES HER£BY CERTIFY THAT I HAVE EXAMINED THE TITLE TO 'ILL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN G.H. DANILES, Ill AND GREGORY J. HASENBERG, IS FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT) EXCEPT AS FOLLOWS: SEE TITLE COMMITMENT NOTES FOR EXCEPTIONS TO TITLE AND LIENHOLDER CONSENT AND SUBORDINATION. DATED THIS -------------DAY OF ------------------• A.D. 2011. LAND TITLE GUARANTEE COMPANY 1317 GRANO AVENUE, SUITE 2DD GLENWOOD SPRINGS, CO 61601 BY:------------------------------------- AUTHORIZED REPRESENTATIVE CERTIFICATION OF OWNERSHIP THE UNDERSIGNED G.H. DANIELS, Ill AND GREGORY J, HASENBERG, BEING SOLE Ol'otJER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: PARCEL A' LOTS 1-3, INCLUSIVE, QUICKSILVER COURT SUBDIVISION, ACCOR~ING TO THE :::l:'o:ll' =~~ :~ ~~~ .. ~=:i~ ~ ,ii:;, ~~~ ;; IN REAL PROPERTY OF COUNTY ON APRIL 26, 2010, AT I NO. 785073, A RESUBDIVlSION OF LOTS 2 AND 2A, GRASS MESA RANCH, COUNTY OF GARFIELD, STATE OF COLORADO. PARCEl B· LOTS 4 7, INCLUSIVE, QUICKSILVER COURT SUBDIVlSION, ACCORDING TO THE tf;;l!f;R?lJeTf'OF Pl'i6TE:CTI O'E s;ml[b! 'tFFS 8F THE 6tJieiESILVER €9\:lRT, fi1ES9RBE8 lfl TilE REAL PR8PERlY ~OS .. OF"--..G~IEL8 S81JWP1 814 APRil. 2fi, i!01(t,-;n;--..-RE£-EP·fH~N...ft&.--785frJIY, Al\10 TH£ FINAL PLAT, RECORDED IN REAL PROPERTY RECORDS OF GARFIELD COUNTY ON APRIL 26, 2010, AT RECEPTION NO. 785073, A RESUBDIVlSION OF LOTS 2 AND 2A GRASS MESA RANCH COUNTY OF GARFIELD, STATE OF COLORADO. ' ' CONTAINING 79.835 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SU. VEYED. LAID OUT. PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS AMENDED FINAL PLAT UNDER THE NAME AND STYLE oyuiCKSII YER COUR~DIVISIQN. A SUBDIVISION IN COUNTY OF GARFIELD. /1, Ml(,o.l~ .f'iJolk{ ~~~ EXECUTED THIS ____ DAY OF ----------------· A.D .. 2D;1, O'MNER OF PARCEL A: ----------------------------- GREGORY J. HASENBERG ,. 1155 QUICKSILVER WAY RIFLE, CO 81650 )ss COUNTY OF GARFIELID ) THE FOREGOING CERTIFICATION OF O'MNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS -------DAY OF -----------------• 2011, BY GREGORY J. HASENBERG. /k,locJc. iD it.JcM~ t:x.c ':fr; ,j)/1~ L~/U( t I~ ~o.~l.w-<. all ~'.) p~ MY COMMISSION EXPIRES: -----------------------WITNESS MY HAND AND SEAL OWNER OF PARCEL B: ---------------------------- G. H. DANIELS Ill STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) 176 GH DANIELS BLVD. v GYPSUM, CO 81637 THE FOREGOING CERTIFIGA TION OF O'MNERSHIP WAS ACKN0v.1LEDGED BEFORE ME THIS -------DAY OF _________________ , 2011, BY G.H. DANIELS Ill. MY COMMISSION EXPIRES:----------------------- WITNESS MY HAND AND SEAL SURVEYOR'S CERTIFICATE~ I, FRANK W. HARRINGTON, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS FINAL PLAT IS A TRUE, CORRECT AND COMPLETE AMENDED FINAL PLAT OF QUICKSILVER COURT SUBDIVISION AS LAID OUT, PLATTlEO, DEDICATED AND SHO'MN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURA TlE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF THIS AMENDED FINAL PLAT DE 0\JICKSII 'IFR COURT SliBDIYISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVlSION OF LAND. IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS ----DAY OF --------------• BY: ~RANK-w~HARRWGToN.-Ls~#19598 __________ _ HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 CLERK AND RECORDER'S CERTIFICATE V _"'" .. ----~ .~··~··· 0 lt~" ~~ ........ ··· ... ··. >~·· PFIEUMINA~Y~ t!\ ' 02./02/2011. : . ·.···· \ ' /, .• '~7 2011. THIS AMENDED FINAL PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO AT ---------O'CLOCK ___ .M., ON THE DAY OF------------· 2011 AND IS DULY RECORDED IN RECEPTION NO. _________________ . --------------------------------CLERK AND RECORDER BY: -DEPUTY------------------------- 5 N ;Q 5 ,,. C&B JEWELL REVOCABLE FAMILY UVING TRUST 1891 CR 319 RIFLE, CO 81650 AMENDED FINAL PLAT QUICKSILVER COURT .SUBDIVISION A REPLAT OF LOT 2 AND LOT 2A GRASS MESA RANCH BEING A PARCEL OF LAND SITUATED IN THE SWl/ 4 OF SECTION 22 AND THE NWl/ 4 OF SECTION 27, TOWNSHIP 6 SOUTH., RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO "PURPOSE OF THIS AMENDED FINAL PLAT IS TO ADJUST THE LOT SHEET 2 OF 2 LINE BETWEEN LOT 5 AND LOT 6" --------------... --... ...._ --... -....._-...... ......_ ......_ BOOK 666, PAGE 210-218 ...._____------.. .........._ ........_ -........ (20.0' ACCESS ROAD ...._ ...._ TROY PETREE & DEBORAH LAVERNE ...._--... ...._: ...._ ...._--... SECTION 22 SECTION27 JOSE MALDONADO & !SIDRA SOTO LOT 1 GRASS MESA RANCH P.O. BOX 1992 EAGLE, CO 81631 RENO KILLIAN & PATRICIA SHELLUM LOT I GRASS MESA RANCH 940 QUICKSILVER WAY RIFLE. CO 81650 LOT 1 A GRASS MESA RANCH --... 7 --... ...._ ,----60.0' EASEMENT 1300 QUICKSILVER WAY --...--... ...._ ...__ 3o.o· PIPELINE I AND RIGHT-OF-WAY FOR ROADWAY, 49.96' w.c.~ RIFLE, co 81650 ...._ ...._ ---,-RIGHT-OF-WAY TO /49.96' w.c. OUICKSI' 'VER WAY BRIDLE PATHS AND PIPELINES REBAR & CAP _ 30 _0 • EASEMENT ...__-_------ENCANA OIL & GAS S 1/4 COR REBAR & CAP \0.0' ACCESS ROAD L-BOOK 628, PAGE 503 LS#9009 (FND) C-N l/16 COR RIGHT-OF-WAY BRIDLE PATHS AND PIPELINES -----RECEPTION NO. 763921 SET J-l/4" ALUMINUM RECEPTION NUMBER 6.36525 SET 3-1/4• ALUMINU~ CAP r C-S 1/16 COR SECTION 22 REPLACED FOUND MONUMENT WITH A 3-1/4" ALUt.otiNUU CAP L.S.#19598 SET ON 3/4" X 30" ALUMINUM BAR r-10.0' EASEMENT & ACCESS ROADWAYS, --_---_-RECEPTION NO. 765992 SECTION 22\l LS#9009 (FND) OOK 666, PAGE 210-218 60 , IMDE COMMON ROADWAY EASEMENT BOOK 968, PAGE 182 SECTION 27 ~~L~N~L~TIES & BOOK 968, PAGE 182 -----------r---.._ CAP L.S.§19~98 ON 3/4" (S00'54'07"E 1320.62') ____ L-------------+----------t.1 LS.#19598 ON 314" X 30" ---- (soo '14'36"W 1.320.47'') ----' X 30" ALUMINUM BAR ALUMINUM BAR BOOK 628, PAGE 503 S00'07'27"W ' ''-• _... '\-----,1 S01"00'34"E 1320.69' - ------- 1.320.56' '--, ..88.69'(TIE}--. • 613.28' : : . -1-...l-1-r-- - - --r=-- - - /_,.. _,.-\ E8 llw,-=-'---'-'-~ . 111 -l -!ill'" i.,;'Ti,.., ~ ___ --=--=--=--=--=--=-~~-=--=-~:~I l =1 = = =----+-----i : _ / /..... --~ ~ --~ "' '-, ' 1 , 1 1 ~,r11 11 11 ~ '::11 : 11 1 r-1 1 1 1 APPROXIMATIE-1 1 -~ '\. '\. I I I II II I 25.0' --" / // I '' 1 "' '\. '-'-I ' ~~J~-riiuMcfTI0~~RE~sE~ENT rift--' I I 1 1 1 1 I ~~ J ~50 ·0 ' UTI~f,4' [;._~~~~NT I I BUILDING PIP~~~~T 1 ~1~H~J~_:_~AY 1 1 -/ ' ·" '<::--N4S34'13"E '\. '\. '\. 20.0' PUBLIC SER\>1CE I II TO ENCANA OIL & GAS I ~I~ J BUILDING RECEPTION NO. 785078 I I SETBACK BOOK 1343. PAGE 84 --_./ • ~ '\. ' 138.25' "' '\. '\. '\. COMPANY OF COLORADO I I RECEPTION NO. 765992 134.89' w.c. I I u r:-J I I ~ SETBACK I I I II II I BK 628 I I ~~I ai '\. '\. '\. '\. '\. ALTERNATIE RIGHT-OF-WAY I I RECEPTION NO. 763921 REBAR & CAP I' I ~'-[_ ' '::j / I PG 503 I I -------------49.96' W.C. REBAR & CAP LSH9009 (FND) I --1-g:--'\., ' " I "' '\. '\. '\. RECEPTION NO. 772125 I I LS#9009 (FND) I I I . : -·---------" I I I '0.0' EASEMENT I I if'· , , "' 'L _ ~ , 1 ~ r I 1, , I I I I -...;.,_SET NO. 5 REBAR & CAP I I 1 1 1 I 1 " 1---u_ f ~---~ -----:..N .. ~ l' .. .,. , -~ 1 1 , '/., 1 'j__ , Ls No. 19598 (TYPICAL) 1 1 ACCEss ROADWAYs. 1 1 1 r ____ '-"" :::-~7 2rE -. _ ~ '-//· _, "'! 1 . . , . EXISTING 1 1 1 BRIDLE PATHs AND PIPELINEs 1 I --··--=--=--..:_ :_:_-~Zj.~4-:--_-;:_·.:::-·--. '\. '\. /.)'. :;; I I fl : I I I I 50 ·0 GRAVEL I I I II I I BOOK 968, PAGE 182 I I II --~92.18'--:_:_--.. _ .:-.:::--'--('>'\, 20.0'PUBLIC "'I OUICKSLVERCOURT~IIIIIf, I BUIL~NG II I I I J--·· .. ----=-----_----~~. 'f> '\. /UTILITY EASEMENT I (40 R.O.W.) I I . II I SETB CK DRIVEWAY I I I I I . --J.----;..,:.._ '· '"'> RECEPTION NO 785078 I" I RECEPTION NO, 785078 I, I I I I I I II I I I I 1\ I --. -0' :'-~ ' . :g I RECEPTION NO. 78~076 I I I . I I I I I I \1 35.D' EASEMENT ''-%\ ~ '\. N I I ,.., I . I I I I I I I I 1 \ RECEPTION NO. 20 o· PUBLIC SER\>1CE \ \'-'· '-'-~ ' "' G / 1 I; ! 11 I ' I 1· 1 I 1 _I I \I\ 76D053 COMPANYOFCOLORADO ·. ·\·~'-'-"'11::!>= LOT 7 50.0' I ~!1,,11/.1 I 350'EASEMENT LOT 3 II I I I l\1-. PRIMARY RIGHT-OF-WAY ·. ,·,~~ '\. '\. Vl I..,~ -BUILDING I~/ ~ RECEPTION NO. 760053 I I Ill ~I LOT 2 I I 1o.o· EASEMENT &--l--1 RECEPTION NO-772125 \ ..:_·,;,-u'·~ '-'-1 , 4.36,517 S.F. SETBACK / r • j 1 1 / 1 ."': 1 1 RIGHT-OF-WAY 1 ~\ ·\\ '-,·.~-:-:: '-'\. I I 10.021 Ac. +1-1 1--1 492 •549 S.F 1 458,613 S.F. ;, FOR u~~~E~~Et I ~ \ \ \ '\'-V,} '-"' I I / I II fiiJI' I ' ~~~2;;u:,;~~MENT 11.307 Ac. +I-I II ,"'N I 10.528 A c. + 1-I o BOOK 628, PAGE 503 I I~\ \ <:"0u'\ '\. I I I I IIIII~ I I RECEP110N NO. 785078 I iii I \ \ \ .:--. '\~"'~· '\. "' ~ ; I 20.0' PUBLIC 20.0' WELL--._12 I I d II, I 0 I I ~ I I I I \ ,'\. ' "" '\. I I & UTILITY EASEMENT ""' jl I "' I 30.0' PIPELINE I I I \ \ ', \ LOT 6 '.:--.t~'' '\. '\. I II UTILITY EASEMENT RECEPTION NO. 785078 I /.."41 1'1'11 / I I EXISTING-Co I RIGHT-OF-WAY TO-I~ \ -' \.'-' '\. '-~27 I RECEPTION NO. 785078 I J "-1 / . .. HOUSE r;; --------i-i-~ I I I ENCANA OIL & GAs 1 \ , 43 6 127 sF '-'-' ''· , , -IL (27'x48') 1 jf-=-soo·5s4o·'E: 19o.63+ ---t:r 1 RECEPTION NO. 765992 I I I \ \ \ • . I. N90'00'DO"E-! '\. '\' L~8 ....10 ,.,; I v q II ' i ( 20.0' PUBLIC SERVICE I I RECEPTION NO, 763921 I I \' ' 10.012 Ac. + -155.51' I \ ~\!.~\' ~T .... I n/·.1 ,'-''0 !I I/ ,--, COMPANY OF COLORADO II I I I I I I I \ ,b ~ ,! / ,.-. ....., PRIMARY RIGHT-OF-WAY \ ~ ----I I \ \. \ I ' ·\ I I /41, I .( II II' : \ \ RECEP110N NO. 772125 & UTILITY 2E0A~~:~~ : I I I I I I \\ t. N40'48'45"W I 'r,i0. \ .;,II - - - - - - - - - -I v I' 11 1 I, \1 RECEPTION NO. 785078 I II I I I I I I L_ . --~ -----I I \ <?.. \ ~25.0' BUILDING 58.37' \ ) '?\ ''-~i~ ---=SQ.0'5.l'21"E 485.15'---------~-__ ---~0--~ II I I I I I I I I I ~25.0' \' (' SETBACK \ \ ~~>.~ -----~ --:: --T ., 60.DO' I I;:; I I I i' I -"-.~-1 BUILDING ' % / \.:::: lf7_~ D8.__-=u9 ___ ~ -L2o-~ _-;;::-_-~*-:: ~z~l--ru; 1 • 1 RADius 1 , " 1 1 1 I ~ ro I I SETBACK '<J> ORIGINAL 20.0' PUBLIC // --.---r--------~ ---::::L21---L2Z o--~'1Kl ~I I , ~w _jJ I 1 I JERRY & CHERYL LATRAVERSE LOT 4A GRASS MESA RANCH 651 QUICKSILVER WAY RIFLE, co 81650 VII BUREAU OF LAND MANAGEMENT P.O. BOX 1 D09 GLENWOOD SPRINGS COLORA~O 81602 ;::; r..: I BK 628 \ ... , \ UTILITY EASEMENT ~ I / I --~----~ .::::--:-.,_: I 1-.I I I I ~ PG503 0 ( TIED) •;t L14 / C' I ,.., I'~~ I I ;;:j ::? kl~ h· _ . \\ \ (REC VNAOCA ) .:.~,l, I 1 I FIRE PROT1EC110N. UTILITY AND DRAINAGE EASE~ENT (TIE) ~/ // Si _1c 4 ~ VJ I ::; , ':; 20.0' PUBLIC I -. --\ '& . ·-·-----·"' '!' I I RECEPTION NO. 785078 ~> .. , I I I 0> I I ;., I I I I UTILITY EASEMENT I ·-7 / / · n·-,T~-A?~ O>/<:)> I RECEPTION NO 785076 /> / I I -25.D' '--RECEP110N NO. 785D78 I 1 -f/ _ _7 ['"'/ /'~7~/6-.~<r.~; (;2././79~1GjNAL LOT LINf ' . . . -"'l ~ . ,....., I . I . / 'I ,w ! I I I I I ! I ,w BUILDING! I I ill I I I I ~~ 1' , \ \\r~No.s·37'34"E is5.2o·Lc'/z//~'f?sffiT'ArL7 .. ,1_;_·,------soo·5.s'21"E 410.61'-------..../ / -~~.J' \'l~::i.~ 1 sETBACKJ 1;1 1 1 1- 1 . 1, ~~\I \\\\ \_. ~---___l_.j~~~~f1~ S89'56'24"E S00'53'21"E381:g~.WELt·it~'----" ~~~II ,:11~~ L ::1 _j: : L----------l---_j : :-p 0 ~ ND2'\0'21"W 186.60' '1..,;•\ / & UTILITY EASEMENT "' I z I ~I I I I z - - - - - - - -I ~ - - -J L I ~ ~ ~ I I A \ \ /').6"/ ~--J~\1 / I I j 84·43 ' RECEP110N NO. 785078 I: I 1 I II L SDD'46'15"E 659.86' --rLt-191.87'(TIE) . ------I---S00'46'15"E 610.03'---------t-T' ~ z I AMENDED 20,0' \\ \ ~ ..... \Q // ---.-f I II ---------i ~ i--LI3(TIE)-.....1. I I I I L..: ----------NOD'46'15"W 1269.89' J . -l--l- 1 1 PUBLIC UTILITY EASEMENT \ \ \._../' .,. " _... ...-_.......--N9o-oo·oo·w..../ \ _ _ _ _ _ _ vt' lj I I 1 --_ _ ____ -- - - - - - - - -----l I I RECEPTION NO._____ \\ v"'l.~/ / / 95.55' S00'53'21"E 169.8¥1 r N00'53'21"W 519.08' ---=:..! ~ I I ·-- - --- - - - - - --J I I :.,. \ .......... / QUICKSILVER "-...'I / r----------L--I ---j 1 11-25.0' I I <0 I \':-:-/ /Y / . I I' I 25.0' 20.0' PUBLIC ~ 4' POND I ~~~ 25.0' ~ I I Ill BSEUTBILOlNcGK BUILDING UTILITY EASEMENT I I I r - . ,.. I 1 11 sETBAcK 1 11 3o.o· EASEMENT 1 1 1 1 ,.__eo;;, 1 / I 1 11 I ACCESS ROADWAYS, I I ~ j N05'57'2~ 152.7 1 I I /1 BUILDING N=HII I SETBACK RECEPTION NO. 785078 I I 1 ~'lA-.. / -20.0' PUBLIC I I BRIDLE PATHS AND PIPELINES S87'51'44"E 473.3~~ I / ~ • .v I/ I I UTILITY EASE~ENT I . I II BOOK 968, PAGE 182 I I (BUILDING SETBACK TIE) h--1·: (ii / I/ RECEPTION NO. 78S078 I I~ I I I I I I I I I I:: Ill I I I; I II I ,.., II II '#I LOT 5 I I / I I}" II I I I' <0 4.35,792 S.F. /,//I LOT 4 I ll~c• I~~ LOT 1 : : 1,' .~/ 10.004 Ac. +I-/ ,.'<>.~ /1 4.36,072 S.F. I l'occ. Ill --I 'N _ ~ 10.011 Ac. +I-1 751 9.32 SF ..-: II • ~ / 2 II • · · 1 -. .,"'1 ., I I I "' 1 / II 17.262 Ac. + -"' 1/ ¢ ;'*' / 10.0' EASEMENT & I I I 'I II 33: ' ' ... li) o:- ':..i-N ~. • m "'ro 00(/) (f)~ II "' S I ,.__ FOR UTILillES & 20 o· PUBLic I RIGHT-OF-wAY II "' I . ~ / -PIPELINES I I 12J ;:;." /I RIGHT-OF-WAY I I : :; ---'--1---10.0' EASEMENT & I I ~ I ·"' - -BOOK 628. PAGE 503 I I I UTILITY EASEMENT I FOR UTIL111ES & "r.::-I 1 1 1 l1 .,i>%, No 9 ·41"4;;·£:34 6 98" _ : 1 . Ill RECEPTION NO. 78~078 1 ~~6~~~~s8 . PAGE 503 I lo/Js-s?-/ I ~'\-'\--~ 1 1 ' I I N15'02'03"w I I ll SJ--~4 ~ ~01'49'31'!_ / / /'NOI'49'3 "E " ' I I Ill i--"'16 ·73' S77'01'47"E I s8 · 186.54' ~~~ 1 1 96 D6 •1 !.../ '----N1s·o2'orw 1 11 1oo7· 1 II • • .. / /' . >\>~J·;;-.,..__ 52·40 \ I I I II (BUILDING .30.0' EASEMENT I II BUILDING S6~7~~f E~ II;/ BUILDING-Ss•t ;:.-.... I I ill..._ -'\1 SETBACK TIE) ACCESS ROADWAYS,] I Ill SETBACK ( -/ I 1 s 45•04-52 "E SETBACK 5~6 ~ j Jll"" /' <9 • BRIDLE PATHS AND PIPELINES , I SE~Bu~~~N~E) V ~ 20867• 9 ........__ ---1 I\ !.-Y ~::'<.t"<-BOOK 968, PAGE 182 : ~----------------Jk/ ___ ~Eo/eu~~~N~E) -------------_______________ j_ __________ u\_ ,8_:1~---~ ~-------------------------~------------------~~~i~~--~~~~~--~.J L .332.58' _jlf_---986.21' -.i~~ '.l --~""' -uo8.73 ------------ --'\ N00"04'10"E 1318. 79' I ~-N00'5.3'.38"W 1319.57' (N00'46'52"W 1319.20') ./ 0 1 \._sw 1116 coR (N00'12'28"E 1319.09') N63'26'40"E_; I w 1116 coR s 10•59 ,56 .. E BASIS OF BEARINGS REBAR & CAP SECTION 22 30,0' EASEMENT-94.04' SECTION 22127 LSil3501 (FND) SET 3-1/4" ALUMINUM CAP ACCESS ROADWAYS, (BUILDING REPLACED FOUND 170.98' N·~w 1·72 I L.S.§19598 ON 3/4" X 30" BRIDLE PATHS AND PIPELINES SETBACK TIE) I MONUMENT IMTH A (BUILDING ALU"INUM BAR JUSTIN & NICOLE MACKLIN BOOK 968, PAGE 182 3-1/4" ALUMINUM SETBACK TIE) LOT 6 GRASS MESA RANCH CAP L.S.N19598 SET l 1000 CEDAR BREAKS ROAD I ON 314" X 30" RIFLE, CO 81650 ALUMINUM BAR NORTH GRAPHIC SCALE D 100 0 50 100 200 ""' ~~~~~ ~~~--~~ -~~~-D ( IN FEET ) I inch = 100 !l LEGEND FIRE PROTECTION, UTILITY AND DRAINAGE EASE"ENT PUBLIC SER\>1CE COMPANY OF COLORADO ALTERNATIE RIGHT-OF-WAY RECEPTION NO. 772125 ORIGINAL 20' PUBLIC UTILITY EASEMENT (VACATIEO PORTION) HIGH CDUNTRY ENGINEERING, :::ONSULTING ENGINEERS AND SURVEYORS 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, COLORADO 81601 (970) 945-8676 INC. FREDERICK SCHULTZ LOT 5 GRASS MESA RANCH 900 CEDAR BREAKS ROAD RIFLE, CO 81650 CUR\IE RADIUS C1 50.00' C2 60.00' C3 60.00' C4 60.00' C5 60.0D' C6 60.00' C7 60.00' C8 50.00' C9 230.00' C1D 27D.OO' -10.0' EASEMENT & RIGHT-OF-WAY FOR U11LITIES & PIPELINES BOOK 628, PAGE 503 CURVE DATA NW 1116 COR SECTION 27 REPLACED FOUND MONUMENT WITH A I 3-1/4" ALUMINUM ON 3/4" X 30" I ALUMINUM BAR DEL Til LENGlH TANGENT CHORD BEARING CHORD 50'28'44" 44.05' 23.57' S72'16'25"W 42.64' 42'08'25" 44.13' 23.12' N68'06'15"E 43.14' 70'31'44" 73.86' 42.43' S55'33'40"E 69.28' 38'56'33" 40.78' 21.21' S00'49'32"E 40.00' 34'25'54" 36.06' 18.59' S35'51'42"W 35.52' 42'02'33" 44.03' 23.06' S74'05'55"W 43.05' 52'52'19" 55.37' 29.83' N58'26'39"W 53.42' 50'28'44" 44.05' 23.57' S57'14'52"E 42.64' 8"31'20" 34.21' 17.14' S86'44'54"E 34.18' 8'31'20" 40.16' 20.12' S86'44'54"E 4D 12' .16 L17 L18 L19 L20 L21 L22 L23 L24 L25 ~ v\ N01'01'14'W '26 14 >D7 '14 1'2t"E N_Ql NJ1'00'3• ·w N ·w N ··w ··w NOS i4-E 53"W N14 i'51"E ,-43"E NQ1"41'10"E 14"W 30.00' 20.00' 90.33' -""-"'' 132,36' 82.42' 169.39' 90.33' 20.00' 49.43' 10.84' 183.65' 26.69' 94.13' 40.00' 42.80' 44.56' 125.29' 39.82 65.96 97.82 395. :;;: 1 ff.~+-'~82;:'.----1. 77.90' NO! " 141.69' NU_<Yil/'31"E 11 "E • 5. l_ .1: Glenn Hartmann From: Georgia Chamberlain Sent: Tuesday, August 09, 2011 4:58 PM To: Bob Slade; Cindy Baker; David Reynolds; Evelyn Olson; Janet Cotter; Jennifer L. Stepisnik; Linda K. Collier; Viktoria Cox Cc: Glenn Hartmann Subject: Plat to sign Glenn Hartman with Building and Planning (Ext. 1570) is holding a plat that needs certification that the taxes are paid. (I checked and they are paid) The 7 schedules involved are in Quicksilver Court Subdivision: Daniels 2177-223-01-004 R082625 Daniels 2177-223-01-005 R082626 Daniels 2177-223-01-006 R082627 Daniels 2177-223-01-007 R082628 Hasenberg 217727201001 R082630 Hasenberg 217727201002 R082631 Hasenberg 217727201003 R082632 They may come in with the plat to be signed, or they may just send in a check for $70 asking us to get the plat from Glenn and then do the certification. Once we get the money and the plat, we do a certificate of taxes due on each schedule, and then sign (Janet has a good pen) and seal the plat (the verbage is the same as what is on a certificate-you certify as of the day you are signing, etc.) I write in the schedule numbers next to the certification on the plat. If I am here, I will do the signing. If I am not here (say on Friday) then use my facsimile and your initials. Give the person the certificates of taxes due that were printed out and the plat. Let me know if you have any questions. GeorgicvC~laMtv Garfield County Treasurer and Public Trustee PO Box 1069 Glenwood Springs, CO 81602 PHONE:970-945-6382 FAX: 970-384-5010 EMAIL FOR OFFICE:treasurer@garfield-county.com 1 Glenn Hartmann From: ghdgrowit@aol.com Sent: To: Tuesday, July 05, 2011 12:01 PM Glenn Hartmann Subject: Re: Quicksilver Court Plat Comments Thanks for the follow up. I still need title company to sign off and Greg who was out of town. Should have it back to you this Thursday Sent from my Verizon Wireless BlackBerry From: "Glenn Hartmann" <ghartmann@garfield-county.com> Date: Tue, 5 Jul 20 II I 0:13:46 -0600 To: Jody Daniels, President<ghdgrowit@aol.com> Subject: RE: Quicksilver Court Plat Comments Hi Jody: Just checking in on the status of your plat. My recollection is that the mylar was being produced and you were circulating for signatures. Please let me know how it is progressing. We will need to get you scheduled on the Board of County Commissioner's consent agenda to get the mylar signed by the chairman. July 11th and 18th are our next available options. Checking my file your Director's Determination was on March 30th so we are technically up against a deadline to get the mylar submitted. We may need to discuss a request for a time extension. Please call or email so we can update each other on the current status. Thanks in advance for your work on finalizing the plat. Sincerely, Glenn Hartmann Garfield County Building and Planning Department 1 GMAC Mortgage June 21 ,2011 G H DAN IELS & ASSOCIATES ATTN: JODY DANIELS 140 G. H. DANIELS BLVD GYPSUM CO 81637 RE: REPLAT OF QUICKSILVER COURT SUBDIVISION GREGORYJAMESHASENBERG 1155 QUICKSILVER WAY RIFLE CO 81650-8446 Dear Jod y Daniels, Enclosed is the origina l exec ut ed My lar approved for the above -c aptioned property. This lette r will give you authorization to record th e enc lose d origina l document(s) in Garfie ld County, State of Co lorado , once the following conditions are met: • Obta in all s ignatures necessary. GMAC Mortgage , LLC will not be held li ab le or responsib le for any costs in curr ed meeting the requirements to comp lete this transaction . Shou ld adverse matters be revealed by your final exa mination s, do not reco rd the document and notify me If you have any questions, pl ease contact me directly by phone at (3 19) 236-5152 or by e-mai l at Ca rey .Lackovich @g macm .com It has been a pleas ure working with you. s;z;~[ }a ~k Carey Lack ~J ich Servi cin g Opera tion s Special ist Land Titl e Adjustments Dept Custome r Loan Admini stration Enc losure( s) Cc: Gregory Hasenberg via USPS (Cover lette r only) 3451 Hammond Ave P.O. Box 780 Wat erloo, lA 50702 Glenn Hartmann From: Glenn Hartmann Sent: To: Thursday, May 12, 2011 10:17 AM 'ghdgrowit@aol.com' Subject: Attachments: FW: Quicksilver Court Plat Comments updated plat notes-edits. pdf Hi Jody: Thanks for stopping by the other day. I'm copying you in on some basic edits that we are requesting to the plat and have forwarded to your surveyor. I've spoken with him by phone and based on that conversation don't anticipate any difficulty in revising and finalizing the certificates etc. I'll let you know as soon as possible on when we can produce mylars, proceed with signatures and get on the consent agenda with the Board of County Commissioners. Sincerely, Glenn Hartmann Garfield County Building and Planning From: Glenn Hartmann Sent: Thursday, May 12, 2011 10:11 AM To: 'rkiser@hceng.com' Subject: Quicksilver Court Plat Comments Hi Rodney: Thanks for the opportunity to review our Attorney and Planning comments on the Quicksilver Amended Plat. I've attached a scanned version of the comments (#1-#5). I've also included in the attachment the Ownership and Dedication Certificate and Amended Final Plat (administrative review) from our list of standard certificate formats. These are the two certificates referenced in our notes. I'll drop off a complete set of the Plat Certificate Forms later today. They were updated in May of 2010. Per our discussion please provide a copy of your edits and we'll review it prior to producing mylars. Thanks again for your assistance. Sincerely, Glenn Hartmann Garfield County Building and Planning 1 Glenn Hartmann From: Sent: To: Cc: Subject: Attachments: Glenn Hartmann Thursday, March 31, 2011 1:35PM John Martin; Mike Samson; Tom Jankovsky Fred Jarman; Carey Gagnon Amended Final Plat Quicksilver Court Subdivision Quicksilver Court Subdivision Director's Decision-scanned.pdf Board of County Commissioners: Attached is a copy of the Director's Decision letter to approve with conditions an Amended Final Plat for the Quicksilver Court Subdivision. The amendment involves a boundary line adjustment between Lots 5 and 6. The Application was submitted by George Daniels Ill and Gregory J. Hasenberg owners of the subdivision. The property is are-subdivision of Lots 2 and 2A of the Grass Mesa Ranch Subdivision. (File No. FPAA-6738) In accordance with the procedures outlined in Sections 5-306 and 4-104 of the Unified Land Use Resolution of 2008 as amended, the Director's Decision shall become final only after the expiration of a ten (10) calendar day period, provided that the County does not receive a request for "Reconsideration of Decision" and/or the decision is not called up for review by the Board of County Commissioners. The ten (10) calendar day call-up period for the determination shall end on April 9'". Please contact me or Fred Jarman, Director of the Building and Planning Department if you have any questions regarding the Application or if you wish to review the file. Sincerely, Glenn Hartmann Senior Planner 1 To: Frank Harrington -High Country Engineering. Garfield County Deputy Surveyor Jason Neil, P.L.S From: Jason Neil-Deputy Garfield County Surveyor Subject: Plat Review-Quicksilver Court Sub-Amended Final Plat Date: March 18,2011 Dear Frank, Upon review of the Quicksilver Court Sub. Amended Final Plat, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. I. Monumentation along the boundary line between lots 5 & 6 needs to be shown and the same established in the field. 2. Easements in the Quicksilver Court area should be hatched or shaded to differentiate. 3. In the Lienholders Certificate, was the county intended to be Black Hawk? Once these and all final comments from Building and planning have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Building and Planning office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Jason Neil, P.L.S. Deputy Garfield County Surveyor cc Glenn Hartmann-Building and Planning Department 109 8th Street ,Suite 201• Glenwood Springs, CO 81601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garjield-countycom .REFERRAL .F ORM Date Sent: 3/15/1 1 Return Requested: 3/29/11 Garfield Co unty Building and Planning Department 108 8th Street, Suite 401 , Gl enwood Springs, CO 81601 970) 945-8 2 12/Fax : (970) 384-3470 Fil e N umber/Name(s) I Project Name(s) Type of Application(s) FPAA-6738 I Quicksilver Court Amended Final Plat I Amended F ina l Plat Staff Planner: Glenn Hartmann Phone: 970-945 -8212 Applicant: Geo rge D aniels III Phone: 970-4 71 -0920 Contact Pers on: NA Phone: NA Location: Ge nerally located approximately :X of a mile south of the City of Rifle, CO 81650 Summary of Request: The Application requests an Amended Final Plat to m odify the configuration of Lots 5 and 6 by modification of the common lot line between Lots 5 and 6 . Th e modified Jot line w ill follow more natura l to pographic conto urs and refl ect exi sting veg_etati on on the Lots. The Garfield County Planning Department has received a land use reque st as r eferenced above. Your comments are an important part of th e evaluation process. In order to review all appropriate agenc y comments and incorporate them into the Staff Report, we reques t your respon se by Tuesday, March 29. GARFIELD COUNTY Office or Division OTHER N umber or Detail County S urveyor I Road & Bridl!.e Attorney I (previous ly sent } Quicksil ver Court Homeowners Assoc. 1 (_Jrflict.,A) Hous ing Planning Commission Sheriff's Dept. Board of County Comm issioners Vegetation ManaJ!,er County E nviro nm ental Health O il and Gas Public I COLORADOSTATE I I LOCAUFED GOVT ENTITIES I I w~tP.r I St~IP. FnPini'.Pr r;,., nf Ri/1 ., Geologica l Survey (Fee) County-Eagle/Mesa!RioBianco/Pitkin Department of Transportat ion Bureau of Land Management Water Conserv ancy Board US Forest Service Mined Land Reclamation Board U.S. Army Corps of Engineers Health Department -CDPHE Forest Service (Fee) Wild li fe Division (GWS OR GJ Office} I DISTRICTS/SERY1CES I I I I U.S We~t Publ ic Serv ice Ho ly Cross Electric AT&T School District -RE-I , RE -2, 16 Fi re District -GWS/S il t!Rifle/GV/Cdale Soi l Con servat ion District Water/Sanitation RFTA March 11, 2011 George Daniels Ill 176 GH Daniels Blvd. Gypsum, CO 81637 Garfield County BUILDING & PLANNING DEPARTMENT RE: Amended Final Plat, Quicksilver Court Subdivision File #FPAA-6738 Dear Jody: Thank you for the additional submittals in regard to your amended final plat application for the Quicksilver Court Subdivision. Your application will be processed in accordance with Section 5-306 and 4-104 of the Unified Land Use Resolution of 2008 as amended (ULUR). This letter is to inform you that as of this date, March 11, 2011, the application has been deemed Technically Complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the ULUR or the Garfield County Comprehensive Plan 2030. The Application will be reviewed by Staff and a report will be sent to you. The date upon which the Director of the Building and Planning Department will render a decision has been set for March 30, 2011. As a matter of process, public notice at least 15 days prior to the Director's Decision is required by written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200 ft. radius and the mineral owners of record in the office of the County Clerk and Recorder. The Applicant shall be solely responsible for the mailing of the notice. The Applicant shall present proof of the required notice to the Building and Planning Department prior to the Director's Decision. Please review the following notice requirements from Section 4-104. Notice to Adjacent Properly Owners. At least 15 calendar days prior to the date of the Director's decision, the applicant shall mail the written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200' radius and the mineral owners of record in the office of the County Clerk and Recorder. The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, the contact information and the date that the Director has to make a decision. I have enclosed an appropriate notice for the Director's Decision as noted above, for your convenience. This document is provided to you as a courtesy. The Applicant must verify that all information in the public notice is correct and attach the required vicinity map. It 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 shall be the obligation of the Applicant to correct any deficiencies in these documents such that proper notice in form and substance can be established. Included for your convenience is the following outline of the process from this point. 1. Your Application has been determined to be complete on March 11, 2011. 2. Additional Copies of the Application are provided and the Application referrals including to the County Surveyor are sent out. The County surveyor may request necessary changes to the plat. 3. Public Notice must be mailed by the Applicant by March 15, 2011. 4. Applicant will provide the proof of mailing (including return receipts) by March 30,2011. 5. On March 30, 2011, the Director or the Building and Planning Department will render a Decision to approve, approve with conditions or deny the application. 6. The Board of County Commissioners will be provided notice of the Director's decision and has 10 days to review the application and request a public hearing. 7. The Applicant and Adjacent property owners also have a 10 day period to request reconsideration of the decision and a public hearing. 8. If the "call up" and reconsideration time period expires without a request for a hearing, the Planner verifies required changes to the plat and a "mylar'' of the plat is prepared for submittal to the Board of County Commissioners for signature and recording. Please submit one additional paper copy of the submitted application materials and any supplements/amendments by March 15, 2011. These copies are necessary for Application referrals including the County Surveyor. Please contact me if you have any questions regarding the processing of your application and the public notice requirements. Sincerely, /)/-!U- Glenn Hartmann Senior Planner Enclosure: Public notice form for mailing CC: Carey Gagnon, Assistant County Attorney Fred Jarman, Director Building and Planning Department 2 PUBLIC NOTICE TAKE NOTICE that George H. Daniels Ill and Gregory J. Hasenberg have applied to the Building and Planning Director, Garfield County, State of Colorado, to request an Administrative Review for an Amended Final Plat on a property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: Quicksilver Court Subdivision, according to the Plat Thereof Recorded April 26, 2010 as Reception No. 785073, A Resubdivision of Lots 2 and 2A, Grass Mesa Ranch, County of Garfield, State of Colorado. Practical Description: Generally located approximately% of a mile south of the City of Rifle, Colorado, 81650 Description of Request: The Applicant is requesting an Amended Final Plat to modify the configuration of Lots 5 and 6 by modification of the common lot line between Lots 5 and 6. The property is located in the Rural Zone District. Vicinity Map: VICINITY MAP TO BE ATTACHED BY THE APPLICANT All persons affected by the proposed Administrative Review for an Amended Final Plat are invited to comment regarding the application. You may state your views by letter or you may call the Building and Planning Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed at the office of the Building and Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The Director will make a decision on this application on March 30, 2011. Any comments to be considered must be received prior to that date. Building and Planning Department Garfield County Glenn Hartmann From: Sent: Jody Daniels, President (ghdgrowit@aol.com] Thursday, March 03, 2011 9:04 PM To: Glenn Hartmann Subject: Re: Quicksilver Court Amended Plat Here are my answers to the attached letter: 1) you will find adjacent property owners listed in my final plat file .. you mentioned that you found that 2) I sent my title commitment, if you need a copy of deed, I can get that from the Assessors office across the street in the morning 3) there will be no impacts to either lots when this lot change is approved. it will not effect any easements in place now and we have placed any infrastructures in present easements 4) no structures have been built on any lots, since the approval of my final plat 5) I need more info on this item 6) you will find all convenants in my final plat file for the attorney to review No buildings or utilities have been installed since the final plat approval .. you have a cash deposit from me on the two water meter vaults that still need to be installed. but that is not even close to where these 2 lots are located .. as I mentioned, I am only doing this lot change to make better use of compromising the existing trees on site between the 2 lots .. I only have to be sure I maintain a minimum of 10 acres per lot and I have done that by the irregular property line .. it is irregular because I am following an existing drainage swale between the 2 lots .. so this works well for either owner in the future .. I will call you in the morning to finalize a meeting .. thanks again for your help Jody -----Original Message----- From: Glenn Hartmann <ghartmann@garfield-county.com> To: ghdgrowit <ghdgrowit@aol.com> Cc: Fred Jarman <fjarman@garfield-county.com>; Carey Gagnon <cgagnon@garfield-county.com> Sent: Thu, Mar 3, 2011 5:58 pm Subject: Quicksilver Court Amended Plat Hi George: It was good to speak with you this afternoon and our conversation clarified a number of items. I've attached correspondence outlining a couple of items to be addressed regarding your application. I have also pulled your recent subdivision files and will review them tomorrow morning. Unfortunately, Kathy won't be available but the files are very detailed and they have already addressed a number of topics. After reviewing the attached letter please call tomorrow morning to discuss any questions you may have. Thanks again for your clarifications over the phone and I look forward to moving the processing of your application forward as soon as possible. Sincerely, Glenn Hartmann Garfield County Building and Planning 1 March 3, 2011 George Daniels Ill 176 GH Daniels Blvd Gypsum, CO 81637 Garfield County BUILDING & PLANNING DEPARTMENT RE: Quicksilver Court Subdivision -Amended Final Plat File #FPAA-6738 Dear Mr. Daniels: The Building and Planning Department is in receipt of your application submitted on February 17, 2011 for a Final Plat Amendment to adjust the Lot Lines between Lots 5 & 6, within the Quicksilver Court Subdivision. The application has been reviewed to determine if the submittal materials are complete and although the application contains detailed plat information on your request, noted below are several items that need to be provided or resolved prior to a determination of technical completeness. 1. Please provide a listing of all adjacent property owners within 200 ft. including mailing addresses. You will also need to include the owners of mineral rights for your property and their mailing address. A copy of an Assessor's map showing the lots and ownership is requested to expedite your review. 2. Please provide a copy of the deed for your property (Lots 4-7). 3. Please provide a narrative indicating the status of any subdivision improvements required for the Quicksilver Court Subdivision and any impact the lot line adjustment may have on installed improvements or easements. . 4. Please provide a statement confirming that there are no structures on the two affected lots. 5. A copy of a Preapplication Summary needs to be included with the submittals unless waived by the Director of the Building and Planning Department. 6. The County Attorney will review your existing covenants as recorded and on file with the County. Once the above items are addressed we can finalize our completeness review and schedule a date for the Director Determination for the Application. Also, once determined to be complete, the public notification to adjacent properties within 200ft. and any mineral rights owners on your property is required. Additional· copies of your submittals may also be required for referrals (i.e. County Surveyor). 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 Please note that the Garfield County ULUR requires that these technical completeness issues be resolved within 60-days of the date of this letter, otherwise the application will be deemed withdrawn unless a request for extension is submitted and approved. Please feel free to contact me at 945-8212 with any questions regarding the processing of your application and any of the items needed to complete your application. Sincerely, -~~?U~ Glenn Hartmann Senior Planner cc: Fred Jarman, Director Building and Planning Department Carey Gagnon, Assistant County Attorney RECEIPT/INVOICE JApplicant G H Daniels 12775 Hwy 6 Gypsum, CO 81637 fteturn to: J arfield County 08 8th Street Suite 401 lenwood Springs, CO 81601- Fee Name Garfield County 1 08 8th Street Suite 401 Glenwood Springs, CO 81601- Phone: (970)945-8212 Fax: (970)384-3470 Invoice Number: INV-2-11-20830 Invoice Date: 2/18/11 Plan Case: Subdivision Final PlatAmendmentApp, FPAA-2-1-1-6738 ~emo: GH Daniels Fee Type Fee Amount Final Plat Amendment App Fee Fixed $100.00 Total Fees Due: $100.00 Date Pay Type Check Number Amount Paid Change 02/18/2011 Check 7200 $100.00 $0.00 Total Paid: $100.00 I Total Due: $0.00 J ACCOUNT NO. ________ _ /.,/ /. 82-12341 DATE -Z-//1.// I 1070 Tl .I ')._./ f! I $ I OC).- DOLtARS ~ ~;::_-- .. -------- Friday, February 18, 2011 l SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complet e item 4 if Restricted Delivery is d esired . • Print your name and address o n the reverse so that we ca n return th e card t o you. • Attach this card to the back of the mailpi ece, or on e front if space permits. 1. Article ddressed to: Mttct£&1) 'J~IIl ot--Mw1L \ ODD 6uJ.o.lz_ ~)u.. 0;( ~l Co&10CO COMPLETE THIS SECTION ON DELIVERY D. Is delivery address d ifferent from Item 1? If YES, enter delivery address below: 0 Express Mall 3. Service Type 0 Certified Mail 0 Registered 0 Insured Mail 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service Ia 7003 2260 DODD 7458 4444 PS Form 3811, February 2004 Domestic Return Receipt 1 02595·02·M-1540 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complet e item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to th e back of the mail piece, or on the if space permits . 3. Servi ce Type 0 Certified Mail 0 Registered 0 Return Receipt f or Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service I 7009 0080 0001 3281 3222 PS Fo rm 3811 , February 2004 Domestic Return Receipt 102595-Q2-M-1540 SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article ddressed to: D. Is delivery address different If YES, enter delivery address below: \)aJd~ r;-r r CJLolC<A 6eec~(S 'frf t.;========= \!/{ 3. Service Type C 0 D !@ :S1 .:::>til Certified Mail 0 Express Mall 0 Registered 0 Return Rec eipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service j 7003 2260 DODD 7458 4468 PS Form 3811, February 2004 Domestic Return Receipt SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mail piece, or on the fr nt if space permits. 3 . Service Type 0 Certified Mail 0 Reg istered 0 Insured Mail 102595.02·M·1540 0 Express Mall 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2 . Art icle Number (Transfer from service /abeQ 7009 0080 0001 3281 3260 PS Form 3811, February 2004 Domestic Return Receipt 1 02595·02-M-1540 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete Item 4 i f Rest ricted Delivery is d esi red. • Print your name and address on the reve rse so that we can retu rn the card t o you. • Attach thi s card to the back of the m ail pi ece, o r on the front if space permits. 3. Service Type 0 Certified Mai l 0 Reg istered 0 Insured Mail 0 Express Mail 0 Return Receipt for Merchandise o c.o.D. 4. Restricted Delivery? (Extra Fee) D Yes 2 . Article Number (T'ransfer from seNice JabeQ . • ., . ' .! . ,,· ·1bD7 2560 DODD 8 7 40 0727 PS Form 3811, Febru ary 2004 Domestic Return Receipt SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. • Print name and address on the reverse can return the card to you. card to the back of the mailpiece, if space permits . Is delivery address d ifferent f rom Item 1 If YE S, enter d elivery address below: 0 Express Man 102595.02·M·1540 3. Service Type 0 Certified Mall 0 Registered 0 Insured Mail 0 Return Receipt for Merch andise oc.o.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (T'ransfer from service lab~; 7009 0080 0001 3281 3246 [ PS Form 3811 , February 2004 Domestic Return Receipt SENDER : COMPLETE THIS SECTION • Complete items 1, 2 , and 3. Al so complete item 4 If Restricted Delivery Is desired. • Pri~your name and address o n th e reverse so at we ca n return the card t o you. • Att c h this card to the back of the mailpiece, or the front if space perm its. D. Is delivery If YES, enter delivery address below: 3. Service Type 0 Certified Mall 0 Express Mail 0 Yes 1 02595·02-M-1540 0 Yes ONo 0 Reg istered 0 Return Rece ipt for Merchandise 0 In su red Mall 0 C .O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. 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