HomeMy WebLinkAbout1.12 Additional informationATTORNEYS
DAN KERST
dan@dankerstpc.com
KELLY CAVE
ke11y a dankerstpc,com
DAN KERST, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
823 BLAKE AVENUE, SUITE 202
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
FACSIMILE: (970) 945-2440
August 3, 2009
Fred Jarman
Director, Building and Planning Department
Garfield County
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Re: Mahan Final Plat
Our File# 12696
PARALEGAL
ELISABETH GETZEN
egetzen@dankerstpc.com
Dear Fred:
Enclosed please find the following documents:
(1) One recorded Statement of Authorities for Mahan Properties (Reception No. 769766);
(2) Two Subdivision Improvements Agreements signed by Mahan Properties;
(3) One Subdivision Improvements Agreement Notice Regarding Building Permits &
Certificate of Occupancy signed by Mahan Properties;
(4) One copy of the Declaration of Covenants, Conditions, Restrictions and Easements for
Mahan Sudvisiion;
(5) One copy of the Bill of Sale;
(6) One copy of the Quit Claim Deed;
(7) Application and Permit for Encroachment, with two (2) signature pages; and
(8) One Right of Way Deed.
Several weeks ago, I spoke with Deborah Quinn, Esq. regarding the necessity of executing the
Subdivision Improvements Agreement ("SIA"). As evidenced by Exhibit A of the SIA, all
improvements have been completed. The Glenwood Springs Fire Department has approved of the
water storage tank (see attached letter from Ron Biggers dated July 29, 2009). Therefore, it is
arguable that the SIA is no longer necessary. However, we submit the SIA in the event that it is still
required.
1lkerst-svrtDataldk\Maban\LTR County.wpd
August 3, 2009
Page 2—
Please contact me with any questions.
Enclosures
xc: Jim and Roberta Mahan (w/o enclosures)
Chris Hale, PE
llkerst-svr\Dataldk\MahanlLTR County.wpd
■iii gar ione.« rirIria mr
Reception#: 769766
06/18/2009 03;49:18 PM Jean Rlberico
1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GRRF?Fir) r H TY CO
STATEMENT OF AUTHORITY
NAME OF ENTITY: The name of the entity to which this Statement relates is Mahan
Properties.
TYPE OF ENTITY: The entity is a Partnership formed under the laws of the State of
Colorado.
MAILING ADDRESS: The mailing address for the entity is 0648 County Road 126,
Glenwood Springs, Colorado 81601.
AUTHORIZED PERSONS: The names and position of the persons authorized to execute
instruments conveying, encumbering or otherwise affecting title to real property on behalf
of the entity are as follows:
Name Position
James Mahan Partner
Roberta Mahan Partner
AUTHORITY: Either of the above-named persons is hereby authorized to execute
instruments conveying, encumbering or otherwise affecting title to real property on behalf
of the entity.
LIMITATIONS: None.
11
Dated this (6 day of
1ticru.sriDu.\dk rrhsnlM.h.,Properli&SIm1 or Author'Oy, fun
t pk-
2009.
Robrta Mahan
After recording return to: Dan Kerst, P.C.
823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601
1111 1111
Receptionk#: 769766
06/i8I2009 03:48:18 PM Jean Alberico
2 of 2 Rec Fee:$16.0D Doc Fee:0.00 GARFIELD COUNTY CO
State of )kc, :uta )
)ss.
County of )
Subscribed and sworn to before me this /6, day of - , 2009, by James Mahan as
a partner of Mahan Properties.
Witness my hand and official seal.
My GwFIrf1JS i(r1 E„r,O11�
ission expires: 02105!2911
State of )
)ss.
County ofO(YT'tDfl)
Subscribed and sworn to before me this IGS- clay of \ (,t,h ) , 2009, by Roberta Mahan as
a partner of Mahan Properties.
Witness my hand and official seal. March
My Commission expires: '20 ft
;,,, LENORA A. SCHREURS
MY COMMISSION EXPIRES
Foe. .�
�.;�r MARCH 8.2010_
riVicarreS
0'.WIMahan1Mahan Propel hSSn,x of Aunhorij.r
After recording return to: Dan Kerst, P.C.
823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601
hfit' 4/
MAHAN SUBDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement") is made and
entered into this day of , 2009, by and between MAHAN
PROPERTIES, a Colorado partnership ("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").
WHEREAS, Owner is the owner and developer of the Mahan Subdivision
("Subdivision"), which property is depicted on the Final Plat of the Subdivision;
WHEREAS, on September 5, 2006, the BOCC, by Resolution No. 2006-88, approved a
preliminary plan for the Subdivision which, among other things, authorized the subdivision of
two (2) single-family residential lots ("Preliminary Plan Approval"). An extension of the
Preliminary Plan Approval was granted on July 2, 2007 (extended until September 6, 2008);
WHEREAS, as a condition precedent to the approval of the Final Plat of the Subdivision,
submitted to the BOCC for approval as required by the laws of the State of Colorado ("Final
Plat"), Owner wishes to enter into this Agreement with the BOCC; and
WHEREAS, Owner has agreed to execute and deliver to the BOCC collateral or other
security in a form satisfactory to the BOCC to secure and guarantee Owner's performance under
this Agreement and has agreed to certain restrictions and conditions regarding the sale of
properties and issuance of building permits and certificates of occupancy within the Subdivision,
all as more fully set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
l . FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final
Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this
Agreement, the Preliminary Plan Approval and the requirements of the Garfield County zoning
and subdivision regulations 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 Clerk and Recorder for Garfield County, Colorado shall be in accordance with this
Agreement and at the time prescribed herein.
2. OWNER'S PERFORMANCE.
a. Owner shall cause to be constructed and installed those subdivision
improvements, identified below ("Subdivision Improvements"), at its own expense, including the
payment of all fees required by the County and/or other governmental and quasi -governmental
entities with regulatory jurisdiction over the Subdivision. The Subdivision Improvements
Mahan Subdivision Improvements Agreement Page 1 of 7
constitute all of the improvements, which are required to be constructed by Owner under the
Preliminary Plan Approval. The Subdivision Improvements shall be completed on or before the
end of the first full year following execution of this Agreement, in compliance with the
following:
i. All Subdivision Improvements are completed as certified by and bearing
the stamp of Owner's professional engineer licensed in the State of Colorado
("Owner's Engineer"), attached to and made a part of this Agreement by
reference as Exhibit "A";
ii. 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").
iii. All requirements of the Preliminary Plan Approval.
iv. All laws, regulations, orders, resolutions and requirements of the State of
Colorado, Garfield County, and all special districts and any other governmental or
quasi -governmental authority(ies) with jurisdiction.
v. The provisions of this Agreement.
b. The BOCC agrees that if all Subdivision Improvements are installed in
accordance with this section; the requirements of the Preliminary Plan Approval; the Final Plat
documents; and all other requirements of this Agreement, then the Owner shall be deemed to
have satisfied all terms and conditions of the Final Plat Approval and the Garfield County zoning
and subdivision regulations, with respect to the installation of Subdivision Improvements.
3. SECURITY FOR IMPROVEMENTS.
a. Improvements Security. Owner has completed the Subdivision Improvements as
certified by Owner's Engineer. No security is required to complete the Subdivision
Improvements.
b. Revegetation Security. Revegetation of disturbed areas in the Subdivision has
been completed at the cost of Two Thousand Dollars ($2,000.00). The Garfield County
Vegetation Management Department has reviewed the revegetation work and verified the
success of revegetation and reclamation in accordance with the Garfield County Weed
Management Plan 2000, adopted by Resolution No. 2002-94 and recorded in the Office of the
Garfield County Clerk and Recorder as Reception No. 580572, at Book 1251, Page 566, as
amended, and the Revegetation/Reclamation Plan for the Subdivision submitted.
c. Recording of Final Plat. The Final Plat of Mahan Subdivision shall be recorded
upon the approval of the BOCC.
Mahan Subdivision Improvements Agreement Page 2 of 7
4. WATER SUPPLY. Prior to issuance of any certificates of occupancy by the
BOCC for any residences or other habitable structures located and constructed within the
Subdivision, Owner shall: (a) install, connect and make operable the water distribution system
for potable water in accordance with approved plans and specifications; and (b) deposit with the
Garfield County Clerk and Recorder executed originals of the instruments of conveyance for
easements appurtenant to the water system for recordation following recording of the Final Plat
and this SIA. All easements and rights-of-way necessary for installation, operation, service and
maintenance of such water supply and distribution system shall be as shown on the Final Plat.
Conveyance of the water supply and distribution system, including all appurtenant real property
interests which shall be conveyed by quitclaim deed and associated personal property interests,
which shall be conveyed by bill of sale, shall be transferred from the Owner to the Mahan
Homeowners Association, a Colorado non-profit corporation.
5. PUBLIC ROADS. County Road 126 shall be dedicated by the Owner to the
public as a public right-of-way and shall be accepted by the BOCC, on behalf of the public, on
the face of the Final Plat. In addition, a Right of Way Deed shall be submitted to the BOCC for
approval and signature at the time of Final Plat approval. This executed original deed shall be
deposited with the Garfield County CIerk and Recorder for recordation following recording of
the Final Plat and this SIA.
6. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist
elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-
of-way for installation and maintenance of utilities. Public utility easements shall be dedicated
by the Owner on the face of the Final Plat, subject to the Garfield County Road and Right -of -
Way Use Regulations, recorded as Reception No. 643477, in Book 1548, at Page 918. The
Homeowners 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 easements within the Subdivision. In the event a utility company, whether publicly
or privately owned, requires conveyance of the easements dedicated on the face of the Final Plat
by separate document, Owner shall execute and record the required conveyance documents.
7. WATER SUPPLY SYSTEM. The water supply system, both realty and
facilities, shall be conveyed by deed (real property) and bill of sale (personal property) at the
time of Final Plat Approval. Owner shall deposit with the Garfield County Clerk and Recorder
executed original(s) of the deeds for the real property for recordation following recording of the
Final Plat and this SIA.
8. INDEMNITY. The Owner shall indemnify and hold 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 and any other agreement or obligation of Owner related to
development of the Subdivision required pursuant to this Agreement. The Owner, however, does
not indemnify 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 be required to notify the
Owner of the BOCC's receipt of a notice of claim or a notice of intent to sue, and the BOCC
Mahan Subdivision Improvements Agreement Page 3 of 7
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
paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign
Immunity granted to the BOCC by Colorado statutes and case law.
9. ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations,
a Road Impact Fee of Three Thousand Eleven and 18/100 Dollars ($3,011.18) has been
established for the residential units within the Subdivision. Owner shall pay one hundred percent
(100%) of the Road Impact Fee to the Garfield County Treasurer at or prior to the time of
recording of the Final Plat.
10. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. The Owner shall
make a cash payment in lieu of dedicating land to the RE -1 School District, calculated in
accordance with the Garfield County subdivision regulations and the requirements of state law.
Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision
is Four Hundred and Twenty -Five Dollars ($425.00). The Owner, therefore, shall pay to the
Garfield County Treasurer, at or prior to the time of recording of the Final Plat, Four Hundred
and Twenty -Five ($425.00) as a payment in lieu of dedication of land to the RE -1 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 subdivision regulations.
The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligation, 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 land dedication to the
RE -1 School District.
11. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be
separately conveyed prior to recording of the Final Plat in the records of the Garfield County
Clerk and Recorder.
12. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one
remedy for breach of this Agreement, the BOCC may withhold issuance of building permits for
any residence or other habitable structure requiring a permit to be constructed within the
Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the
satisfaction of the Glenwood Springs Fire Protection District ("District") that there is adequate
water available to the construction site for the District's purposes. Further, the parties agree that
no certificates of occupancy shall issue for any buildings or structures, including residences,
within the Subdivision until all Subdivision Improvements have been completed and are
operational as required by this Agreement. Owner shall provide the purchaser of a lot, prior to
conveyance of the lot, a signed copy of a form in substantially the same form as that attached to
and incorporated herein by reference as Exhibit "B," concerning the restrictions upon issuance of
building permits and certificates of occupancy detailed in this Agreement, Final Plat Approval
and Preliminary Plan Approval.
Mahan Subdivision Improvements Agreement Page 4 of 7
13. ENFORCEMENT. In addition to any rights which may be provided by
Colorado statute, the withholding of building permits and certificates of occupancy provided for
in paragraph 12 above and the provisions for plat vacation detailed in paragraph 14 below, it is
mutually agreed by the BOCC and the Owner that the BOCC, without making an election of
remedies, or 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 Agreement. Nothing
in this Agreement, however, shall be interpreted to require the BOCC to bring an action for
enforcement or to withhold permits or certificates or to withdraw and use security. Nor shall this
paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot
to file an action against the BOCC.
14. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with
the terms of this Agreement, the BOCC shall have the ability to vacate the 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 survey, legal description and a plat showing the
location of any portion of the Final Plat so vacated and shall record the plat in the Office of the
Garfield County Clerk and Recorder. If such plat is not recorded by the Owner, the BOCC may
vacate the plat, or portions thereof, by Resolution.
15. NOTICE BY RECORDATION. This Agreement 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 or other interested parties as to the terms and provisions thereof.
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. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND NOTICE
PROVISIONS. All notices required or permitted by this Agreement shall be in writing and
shall be deemed effective when received by the recipient party via personal or messenger service
delivery, facsimile transmission or United States certified mail (postage prepaid, return receipt
requested), in all cases addressed to the person for whom it is intended at the address or facsimile
number set forth below:
Owner:
BOCC:
.Mahan Properties
0648 County Road 126
Glenwood Springs, CO 81601
(970) 945-0319
Board of County Commissioners
of Garfield County, Colorado
c/o Fred Jarman, Planning Director
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Mahan Subdivision Improvements Agreement Page 5 of 7
Phone: (970) 945-8212
Fax: (970) 384-3470
Owner and the BOCC hereby warrant and confirm that the representatives of the Owner
and the BOCC, identified above, are the authorized representatives of the parties for purposes of
contact administration and notice under this Agreement.
18. AMENDMENT. This Agreement may be modified from time to time, but only
in writing signed by the parties hereto, as their interests then appear. The parties, however, may
change the identification of notice recipients and contract administrators and the contact
information, provided in paragraph 17 above, in accordance with the notice provisions and
without formal amendment of this Agreement.
19. COUNTERPARTS. This Agreement 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 .IURISDICTION. Venue and jurisdiction for any cause arising
out of or related to this Agreement shall lie with the District Court of Garfield County, Colorado,
and this Agreement shall be construed according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon
the date of Final Plat Approval for the Subdivision.
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
ATTEST:
By:
Clerk to the Board Chairman
Date:
MAHAN PROPERTIES, a Colorado partnership
r �
1,014 /
1 c
Rokerta Mahan, Partner
Mahan Subdivision Improvements Agreement Page 6 of 7
STATE OF )
) ss
COUNTY OF )
Subscribed and sworn to before me this 4Li40 day of
, 2009, by Roberta Mahan as a partner of Mahan Properties.
WITNESS my hand and official seal.
My commission expires: Mar l Q' . 20 i
LENORAA. SCHRE.Ui.•
MY COMMISSION EXPIRES
MARCH 8, 2010
i t) 6. /DJ
Notary Public
Mahan Subdivision Improvements Agreement Page 7 of 7
July 17, 2009
Mr. Fred Jarman
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
MOUNTAIN CROSS
ENGINEERING, INC.
CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN
RE: Completion of Improvements for Mahan Subdivision
Dear Fred:
EXHIBIT
a
It is the purpose of this correspondence to inform you that, in the opinion of Chris Hale, a
professional engineer licensed in the State of Colorado, (license #35964), the
construction items are complete for the Mahan Subdivision.
Our review indicates that the required public improvements for the project are
constructed and are in place. Therefore, we are asking for final acceptance of all
improvements without any security necessary for Contingency, Construction Testing,
and/or Bonding. Attached is the Engineer's Opinion of Probable Cost with percentage
complete.
Feel free to call if any of the above needs clarification or if you have any questions or
comments.
Sincerely,
Mo tain Cross Engin
Hale, PE
Attachments
C: Ms. Kelly Cave
826 1/2 Grand Avenue • Glenwood Springs, CO 81601
PH: 970.945.5544 • FAX: 970.945.5558 • www.rnountaincross-eng.com
MAHAN SUBDIVISION
OPINION OF PROBABLE COST
for Security
July 17, 2009
Description
Quantity
Units
Price
Cost
Percent
Complete
Remaining
Cost
Grading and Earthwork
v
Not Applicable
0
LS
-
$ -
100%
$ -
Subtotal =
$ -
$ -
Potable Water
Pressure Filter with 1 Micron Cartridge
1
EA
200.00
$ 200.00
100%
$ -
UV Light Disinfection System
1
EA
500.00
$ 500.00
100%
$ -
Pressure Guage
2
EA
50.00
$ 100.00
100%
$ -
10,000 Gallon Water Tank
1
EA
40,000.00
$ 40,000.00
100%
$ -
Subtotal =
$ 40,800.00
$ -
Sanitary Sewer
Not Applicable
0
LS
-
$ -
100%
$ -
Subtotal =
$ -
$ -
Miscellaneous Construction
Removal of "Framed Dugout"
1
LS
5,000.00
$ 5,000.00
100%
$ -
Removal of Fence Corner
1
LS
1,000.00
$ 1,000.00
100%
$ -
Trim Tree
1
LS
500.00
$ 500.00
100%
$ -
Removal of Fencinj and Brush from CR 126
1
LS
2,000.00
$ 2,000.00
100%
$ -
Weed Management
1
LS
2,000.00
$ 2,000.00
100%
$ -
Subtotal =
$ 8,500.00
$ -
Subtotal =
$ 49,300.00
$ -
5% Contingency
$ 2,465.00
0%
$ 2,465.00
2
/2% Construction Testing
$ 1,232.50
0%
$ 1,232.50
2 112% Bonding
$ 1,232.50
0%
$ 1,232.50
Total =
54,230.00
$ 4,930.00
Mountain Cross Engineering, inc. has no control over the cost of labor, materials, equipment, services furnished by others, or market conditions
therefore does not guarantee that proposals, bids, or actual construction cost will not vary from the above opinion of cost.
SUBDIVISION IMPROVEMENTS AGREEMENT
MAHAN SUBDIVISION
NOTICE REGARDING BUILDING PERMITS
AND CERTIFICATES OF OCCUPANCY
TO: ALL PURCHASERS OF HOME SITES WITHIN
MAHAN SUBDIVISION
YOU ARE HEREBY NOTIFIED that under applicable Garfield County regulations
you may not commence construction of a residence within unincorporated Garfield County,
including Mahan Subdivision, prior to issuance of a building permit by Garfield County. Under
the terms of the Subdivision Improvements Agreement between Garfield County and Mahan
Properties, Inc., Garfield County will not issue building permits for property in Mahan
Subdivision until:
1. The Owner/Developer has demonstrated to the satisfaction of the Glenwood Springs Fire
Protection District that adequate water is available to the construction site for the Fire
District's purposes.
2. A site-specific geo-technical study, completed by a registered Geo -Technical Engineer,
has been presented to the Building and Planning Department for review, along with a
registered design professional's certification that the structure design is based on the site-
specific study.
Additionally, Garfield County will not issue Certificates of Occupancy for any structures
within Mahan Subdivision until all of the subdivision improvements have been completed and
are operational in accordance with the Subdivision Improvements Agreement between Garfield
County and Mahan Properties [and radon gas testing has been completed].
The foregoing Notice was read nd under
site within Mahan Subdivision, this i7 day of
O:Idk\Mahan\Ex E Form Notice for SIA.doc
OWNER/SUBDIVIDER:
ahan Properties
u
s Ma , P : rtner
e undersigned Purchaser of a home
14L. _. 200 CI.
PURCHASER:
(Type Name)
(Type Address )
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS FOR MAHAN SUBDIVISION
Mahan Properties, a Colorado partnership, (hereinafter the "Declarant") being the owner of
the two (2) parcels of real property located in Garfield County, Colorado according to the Mahan
Subdivision Plat ("Plat") recorded on , 2009 in the Clerk and Recorder's Office of
Garfield County as Reception No. (the "Property"). Declarant does hereby declare
and establish that the Property shall be held, owned, conveyed, used, and occupied subject to the
following covenants, restrictions, conditions, easements and obligations (the "Covenants") which
shall run with the land and shall be binding on all persons having or acquiring any right, title or
interest in the Property and their heirs, successors, and assigns, and tenants, employees, guests and
invitees.
1. Statement of Purpose. These Covenants are imposed for the benefit of all owners of
parcels of land or lots located within the Property (singularly "Lot" or collectively the "Lots"). These
Covenants create specific rights and privileges which may be shared and enjoyed by all owners and
occupants of any part of the Property.
2. Common Water System. Within a reasonable time after execution of this Declaration,
the Declarant shall convey the Property's "common water system" as defined herein to the Mahan
Homeowners Association. The "common water system" shall consist of the following:
(a). All applicable water rights associated with the property, including without
limitation, springs, Well permit No. 239415, and the water storage shed(s) and
tank(s) as depicted on the Plat and such well or other water sources established now
or in the future pursuant to these Covenants, including any and all water rights made
appurtenant to the Property.
(b). The pump, pressure tank, pipes and related equipment necessary to deliver
water from such water source to each of the Lots or to one or more water storage
tanks as depicted on the Plat which are part of the common water system, including
the main water line or lines necessary to deliver water from such well or water source
to each Lot or to any such storage tank and from such tank to each Lot.
(c). Such common water storage tank(s) or water supply sources as the Mahan
Homeowners Association (the "HOA") determines is necessary to serve the water
supply needs of the Lots now or in the future.
(d). Any necessary easement for use and maintenance of the same.
The common water system as above described shall be owned by the HOA and all costs
associated with the common water system shall be equally divided amongst the owners of the Lots
1
as depicted on the Plat and as described herein. More specifically, the HOA shall maintain the
Concrete Block H2O Storage as depicted on the Plat in accordance with the standards itemized in
paragraph 3 (b) below.
3. Common Water System Installation and Maintenance.
(a). The owner or owners of each Lot shall equally share the cost and expense of installing
and maintaining the common water system. Said costs and expenses shall be assessed by the HOA.
The HOA may assess those fees attributable to the cost and expense of installing and maintaining
a water service line to extend from its point of connection to the main water supply line to the point
of use on such Lot and of installing such fixtures and equipment as are necessary for the use of water
on such Lot to the individual Lot Owner rather than split the costs equally if the water line(s)
described herein are for the sole benefit of one Lot. Upon installation of a water service line to a Lot,
the owner or owners of such Lot shall install a shutoff valve on such service line and the owner or
owners of the other Lot and one or more designated representatives of the HOA shall have an
easement for access to such shutoff valve for the purpose of operating and administering the
common water system in accordance with the provisions of these Covenants. Such easement shall
extend from the main water supply line to such valve, along and five (5) feet on either side of the
water service line extending from the main water supply line to such Lot.
(b). In accordance with the Glenwood Springs Fire District's recommendations, the
Concrete Block H2O Storage as depicted on the Plat shall have the following standards of
performance for maintenance:
(1). The tank shall be drained and sediment shall be cleaned from the tank yearly.
(2). The piping shall be flushed and cleaned quarterly.
(3). Equipment, tanks and piping shall be visually inspected to verify soundness on a
reasonable basis, but no less than yearly.
(4). Valves shall be operated.
(5).
Vents and screens shall be cleaned and cleared on a regular basis as needed, but not
less than yearly.
(6). The ceiling, walls and foundations shall be checked for corrosion, cracks and/or leaks
on a reasonable basis, but no less than yearly.
(7).
Any of the above items identified as inoperable, broken, seized, or in any way
needing attention shall be repaired or replaced within a reasonable time not to exceed
thirty (30) days.
2
4. Water Distribution. In order to insure reasonably comparable water pressure to each
Lot, the water service lines extending from the main water supply line to the respective Lots may be
required to be of non-uniform diameter. The owner or owners of each Lot shall also install such
flow restrictors in their water supply lines as are necessary to effectuate the purposes and intent of
this paragraph. In the event the water produced from the common water system becomes inadequate
to supply all of the demands for water therefrom, the Lot owners shall proportionately reduce their
consumption therefrom until the owner or owners of each Lot are consuming a substantially equal
amount of the water produced. The HOA may elect to drill a new well or take such other remedial
action as is necessary to improve the production of water from the common water system and the
cost thereof shall be borne equally by the owners of the Lots, subject always to the disconnection
right as provided in these Covenants. Water from the common water system shall be used in
accordance with the applicable well permits for the Property.
5. Individual Sewage Disposal System ("ISDS") Operation and Management. The
owner or owners of each Lot will be responsible for the operation and management of their
respective ISDS. Septic tanks shall be inspected once a year and cleaned when necessary. Cleaning
is recommended when space between the scum accumulation and sludge residue on the tank bottom
is less than eighteen inches (18"). Owner or owners of each Lot shall contract with a septic system
cleaner to clean the septic tank on a periodic basis. The standards of performance for the septic
system cleaner are recommended as follows, at a minimum:
(a). The systems cleaner shall be licensed.
(b). The systems cleaner, when cleaning a septic tank, shall remove the liquid, sludge,
and scum, leaving no more than three (3) inches depth of sewage in a septic tank.
(c).
The systems cleaner shall maintain his equipment so as to ensure that no spillage of
sewage will occur during transportation, and that its employees are not subject to
undue health hazards.
(d). The systems cleaner shall dispose of the collected sewage only at a designated site
recognized by the Board of Health.
Upon request, the owner(s) of each Lot shall provide the HOA with written verification of the
requisite cleaning of the ISDS in accordance with this paragraph (5). In the event that an owner of
a Lot fails to comply with this paragraph (5), the HOA may exercise the enforcement rights outlined
in paragraph 15 below.
6. Operational Costs. The cost of operating the common water system, including but
not limited to charges for electricity, shall be shared equally by the two (2) Lots; provided that upon
the written demand of the owner or owners of any Lot (which demand shall be delivered to the
owner or owners of the other Lot and the HOA) volumetric water flow meters may be installed on
the water service line to each Lot for the purpose of measuring the water received by each Lot from
3
the common water system. The HOA shall make the determination whether volumetric flow meters
shall be installed. Upon installation of said water flow meters, the operational costs of said system
shall be prorated on the basis of the quantity of water received by each Lot. The cost of materials
and labor in connection with the installation of any such water meter for a Lot shall be borne by the
owner or owners of such Lot.
7. Curtailment of Water Use.
(a). Upon Default. If the owner or owners of any Lot fails to pay any cost or expense for
which such owner or owners are obligated hereunder in connection with the common water system,
the HOA may discontinue the supply of water to the Lot of such non-paying owner or owners until
payment is received. This right to curtail the receipt of water by an owner in default shall be in
addition to and not limitation of any and all other enforcement rights which may be available under
the Enforcement of Covenants paragraph of these Covenants.
(b). Misuse. If the owner or owners of any Lots allows water to flow continuously due to
improper use, including, but not limited to, broken pipes or failed valves, the HOA may discontinue
the supply of water to the Lot until the proper repairs are made by the owner or owners of the Lot.
8. Easements. The owner or owners of each Lot and the HOA shall also have such
perpetual non-exclusive easements as are described or provided herein for operation and
maintenance of the common water system, including such additional easements as may reasonably
be required for the operation and maintenance of said common water system consistent with these
Covenants. The owner or owners of each Lot shall not install any improvements in the easement
area that may affect the use and operation of the well and pipelines including but not limited to
structures of any kind, trees or other landscaping other than grass or easily removable and
replaceable landscaping.
9. Power Line Maintenance. The owner or owners of each Lot shall pay for the cost of
installing electrical power to their Lot. The obligations herein.provided shall not prohibit or restrict
the HOA from securing contribution to such power line installation from other parties, by agreement
or otherwise.
10. Wildfire. The Lots shall be subject to and comply with the wildfire fuels reduction
and mitigation plan as outlined in Colorado State Forest Service publication 6.302, "Creating Fire -
Safe Zones," attached hereto and incorporated herein as Exhibit "A," approved by the Glenwood
Springs Fire Protection District.
11. Use Restrictions. The Lots shall be subject to the following limitations and
restrictions on use:
(a). Control of noxious weeds is the responsibility of the property owners.
4
(b). One (1) dog will be allowed for each residential unit and the dog shall be required to
be confined within the owners property boundaries.
(c). No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption.
One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the
regulations promulgated there under, will be allowed in any dwelling unit. All
dwelling units will be allowed an unrestricted number of natural gas burning stoves
and appliances.
(d). All exterior lighting shall be the minimum amount necessary and that all exterior
lighting be directed inward and downward, towards the interior of lots, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
(e). Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with a strong rural character and a healthy
ranching sector. Those with an urban sensitivity may perceive such activities, sights,
sounds and smells only as inconvenience, eyesore, noise and odor. However, State
law and County policy provide that ranching, farming or other agricultural activities
and operations within Garfield County shall not be considered to be nuisances so
long as operated in conformance with the law and in a non -negligent manner.
therefore, all must be prepared to encounter noise, odor, lights, mud, dust, smoke
chemicals, machinery on public roads, livestock on public, storage and disposal of
manure, and the application by spraying or otherwise of chemical fertilizers, soil
amendments, herbicides, and pesticides, and one or more of which may naturally
occur as a part of a legal and non -negligent agricultural operations.
(f). In addition, all owners of land, whether ranch or residence, have obligations under
State law and County regulations with regard to the maintenance of fences and
irrigation ditches, controlling weeds keeping livestock and pets under control, using
property in accordance with 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 of such information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in Garfield
County.
(g).
The mineral rights associated with this property have been partially or wholly severed
and are not fully intact or transferred with the surface estate therefore allowing the
potential for natural resource extraction on the property by the mineral estate
owner(s) or lessee(s).
5
(h). Foundations and Individual sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
That no more than one dwelling unit shall ever be allowed on either parcel 1 or 2
which includes Accessory Dwelling Units or any other type of structures used for
habitation.
(j). The concrete block water storage as shown on lot 2 is for the purpose of fire
protection for the entire Mahan Subdivision and will be accessed as deemed
necessary for said purpose.
(k). The maximum number of dwelling structures on any Lot shall be one (1) in
accordance with the regulations of Garfield County, Colorado. Any structure,
including corrals and fences, to be placed or constructed on any Lot shall first be
approved by the HOA.
(1). Only operable vehicles shall be allowed on any parcel. Any inoperable vehicle shall
be removed from the Property within thirty (30) days after such vehicle becomes
inoperable. No maintenance of vehicles shall be conducted on the Property, except
emergency maintenance or repairs.
(m).
No nuisance or unsightly object shall be allowed on the Property nor shall any
activity be allowed which the HOA deems to be a nuisance or which interferes with
the peaceful possession and use of any Lot.
(n). No trash, refuse or other unsightly materials or objects shall be allowed within the
Property and the owners and occupants of any Lot shall carry and remove any such
item from the Property when next leaving the Property after the use, creation or
discovery of such item.
(o). No exterior television, radio or other antennas, satellite dishes, or other apparatus or
equipment of a similar type, shall be allowed or maintained on any Lot without the
prior written approval of the HOA.
12. Membership in the HOA. Each owner of a Lot is automatically a member of the
HOA. Each membership shall be appurtenant to and inseparable from the Lot upon which it is
based, and shall be transferred automatically by the transfer (in whatsoever form) of that Lot. No
person or entity other than an owner may be a member of the HOA. The right to vote upon HOA
matters shall vest in the owners of the Lots in accordance with the By -Laws of the HOA. In the
event any Lot is owned by two or more persons, whether by joint tenancy, tenancy in common or
otherwise, the membership as to such Lot shall be joined, and a single membership for such Lot shall
be issued in the names of all owners, and they shall designate to the HOA, in writing at the time of
issuance, one person who shall hold the membership and have the power to vote said membership.
6
In the absence of such designation, the HOA may designate one of the owners as the voting member.
Owners of more than one Lot shall have one membership in the Association for each Lot owned.
Each Owner of a Lot shall have one vote. Voting by proxy shall be permitted. Unanimous approval
is required for all decisions of the members. In the event the parties cannot agree, then the same
shall be determined under the rules of the American Arbitration Association. The decision of the
arbitrators shall be binding upon all parties. The Board of Directors shall be unanimously elected
by members entitled to vote. A member of the Board of Directors does not have to be a member of
the HOA or Owner of a Lot. The HOA shall make those decisions and perform those functions for
which it is responsible under the provisions of these Covenants. The HOA shall have the authority
to administer, implement and enforce these covenants. In addition to those matters expressly set
forth in these Covenants, the HOA may from time to time establish such reasonable rules and
regulations as may be deemed necessary or appropriate to carry out the purposes and intent of these
Covenants and to preserve and enhance the use of the Property consistent herewith; provided that
any such rules and regulations shall be uniformly established and applied to each Lot. The HOA
shall meet at least annually as determined by the Board of Directors in accordance with the By -Laws.
13. Easements. All dedicated easements shown on the Plat are hereby reserved for the
purposes intended. Said easements are perpetual and reserved for ingress and egress by pedestrian
and vehicular traffic, as applicable. Said easements are intended and hereby declared to run with the
land and to be appurtenant to the Lots and each of them. In the event Lots 1 and 2 are owned by the
same person(s) or entities, the doctrine of merger shall not apply.
14. Amendment and Duration. The Covenants herein contained shall run with and bind
each of the Lots hereinabove described and shall inure to the benefit of and be binding upon all
persons now having or hereafter acquiring any right, title or interest in any Lot. These Covenants
shall not be modified, amended or terminated except by an instrument approved in writing by the
owners of all of the Lots and recorded in the records of Garfield County, Colorado.
15. Enforcement of Covenants. The Covenants herein contained are intended to enhance
the use and preserve the value of the Property by establishing rights and imposing obligations and
limitations applicable to the Property and the owners thereof. It is therefore necessary to implement
the following provisions for enforcement of these Covenants, to wit:
(a). The HOA or any owner or owners shall have the right to enforce all
Covenants herein contained by any proceeding at law or in equity.
(b). Upon the violation of a use restriction as provided in paragraph 10 or any
provision of the covenants, the Bylaws, the Articles of Incorporation for the
homeowners association, or any rules and regulations duly adopted by the Board of
Directors, the owner or owners who, by act or omission, cause or permit such
violation shall pay to the HOA a special assessment of $50 per violation or such
other per violation amount as the HOA or Board of Directors shall have established
in rules and regulations prior to such violation.
7
(c). In the event of any Covenant violation that can be corrected by physical
activity on the Property, and the failure of the violating owner to correct such
violation within fifteen (15) days following receipt of written notice thereof, one (1)
or more designated representatives of the HOA may enter upon the Lot where such
violation exists and abate or remove the violation, in which event all costs incurred
in such abatement or removal shall be paid by the violating owner.
(d). Any assessment, cost or expense required to be paid by the owner or owners
of a Lot hereunder shall be paid within twenty (20) days after such owner or owners
receive notice thereof. If any such owner fails to pay any such assessment, cost or
expense within such twenty (20) day period, the unpaid amount shall bear interest at
the rate of one and one-half percent (1.5%) per month, compounded monthly.
(e). In the event suit or other legal action is required to enforce any Covenant, the
prevailing party shall be entitled to recover such party's reasonable attorney's fees
and costs incurred.
(f). In the event any owner or owners fail to pay any assessment, cost or expense
for which such owner is obligated hereunder within the time period provided herein,
the amount owed by such owner, including attorney's fees and costs and all interest
accrued thereon, shall become a lien upon such owner's Lot which may be foreclosed
in the same manner as a mortgage under the laws of the State of Colorado.
(g). Failure to enforce or delay the enforcement of any Covenant hereunder shall
not be deemed a waiver of the right to thereafter enforce any and all of the Covenants
herein contained.
(h). Any assessment to be paid for the violation of a use restriction as hereinabove
provided shall be paid to the HOA and may be used by the HOA for common water
system maintenance, power line maintenance, enforcement of these Covenants, and
such other purposes as the HOA determines to be in the mutual interest of the Lot
owners.
16. Severability. Invalidation of any Covenant or provision herein contained shall not
affect the remaining Covenants and conditions herein contained which shall remain in full force and
effect.
17. Notices. Any notice required to be given hereunder shall be deemed to have been
given when personally delivered to the person to whom it is directed or when mailed, postage
prepaid, to the address of the owner or owners of the Lot to which such notice is directed as
such address is contained in the records of the Assessor of Garfield County, Colorado.
8
Executed this /6 day of jC— , 2009.
Declarant:
Mahan Properties, a Colorado partnership
James Mal‘, Partner
By: o erta Mahan, Partner
OF-�a8c. )
) ss.
COUNTY OF G4 -r r I d )
The foregoing instrument was acknowledged before me this of& day of ...f u ,
2009, by James Mahan as a Partner of Mahan Properties.
TNESS my hand and offiQl'at,sea
n�Y �Uklli 531ist1 Etpoe
ommission expires: oPinsintI
STATE OF i P_K O
) ss.
COUNTY OF garnet -01 )
The foregoing instrument was acknowledged before me this ell day of 101.);
.11 1
2009, by Roberta Mahan as a Partner of Mahan Properties.
WITNESS my hand and official seal.
My Commission expires: Maid') id') B ZOI r�
1.,ENONA A: 5CHREURS
MY cOMMys,ON
Fxur cs
Pe. M�
2010
9
(
Aa -t -1,J)
o a Public
RIGHT OF WAY DEED
Mahan Properties, a Colorado partnership, owner in fee of the real property hereinafter
described, for good and valuable consideration, the receipt and sufficiency of which are hereby
confessed and acknowledged, hereby grant and convey to the Board of County Commissioners
of Garfield County, Colorado, Grantee, without warranty of title, a public road right-of-way over
and across that real property in the County of Garfield, State of Colorado, to wit:
That sixty (60) foot Right of Way depicted as County Road 126 on the Final Plat of
Mahan Subdivision recorded in the Office of the Garfield County Clerk and Recorder,
reception no. , said Right of Way being thirty (30) feet either side of the
center line described and depicted on said Final Plat
subject to easements in place and in use reserving any and all minerals and the right to use the
subsurface thereof, provided such does not interfere with the use of the entire surface and
necessary subsurface for public roadway and roadway support purposes.
In witness whereof, Grantor executed this document the /6 day o , 2009.
ta
es Mahan, Partner
STATE OF Co to ai t;
COUNTY OF (70r.(vc 1 A
Eizi;it2/ 1
Robe a Mahan, Partner
) ss.
The foregoing instrument was acknowledged before me this /6 day of
w... , 2009, by James Mahan as a partner of Mahan Properties.
WITNESS my hand and official seal.
My commission expires: my commission Expires
02/0512011
STATE OF
) ss.
COUNTY OF Ci nem I'1 )
The foregoing instrument was acknowledged before me this day of
j , 2009, by Roberta Mahan as a partner of Mahan Properties.
WITNESS my hand and official seal.
My commission expires: Mali) 2,, 7-C l C,
/Pr
LENORA A. SCHREURS
`= MY COMMISSION EXPIRES
MARCH 8. 2010
Accepted as a public and county road right-of-way by resolution of the Garfield County
Commissioners adopted the day of , 2009.
BOARD OF COUNTY COMMISSIONERS
By
Chairman
ATTEST:
County Clerk
QUIT CLAIM DEED
Mahan Properties, a Colorado partnership and James P. Mahan, Jr., an individual,
Grantors, for the consideration of Ten Dollars ($10.00) and other valuable consideration, in hand
paid, hereby sell and quitclaim to Mahan Homeowners Association, a Colorado non-profit
corporation, Grantee, which legal address is 648 County Road 126, Glenwood Springs, CO 81601,
the following real property in the County of Garfield, State of Colorado, to -wit:
(a). X411 applicable water ri _ hts as . ociated with the Mahan Subdivision, including without
limitation, springs, Well permit No. 239415, and the water storage shed(s) and tank(s) as
depicted on the Plat for the Mahan Subdivision recorded as Reception No.
in the Garfield County Clerk and Recorder's office (the "Plat"),
including any and all water rights made appurtenant to the Property; and
(b). ie pump, pressure tank, pipes and related equipmen ecessary to deliver water from
such water source to eac of the Lots as • epirctl Plat or to one or more water storage
tanks as depicted on the Plat which are part of the common water system, including the main
water line or lines necessary to deliver water from such well or water source to each Lot or
to any such storage tank and from such tank to each Lot; and
(c). Any easements depicted on the Plat for access, use and maintenance of the water
well, storage shed(s) and tank(s)
with all its appurtenances.
Signed this /6')
day of ti/ t) , 2009.
James P. Mahan, Jr.
ivk.,..,.61).w161,0.awonWoEEr w.u. syx.a.Wpd
Mahan Properties a Colorado partnership
.0-41.--, / t (cc, 1., il-----
L,_..--.'3 7
/ ahan, pafin
....r �- -Otta ( ..x'. t_--._
Ro erta Mahan, partner
After recording return to: Dan Kerst, P.C.
823 Blake Ave., Ste. 202, Glenwood Springs, Co 81601
STATE OF Cc "cc _..t,k )
) ss:
COUNTY OF
The foregoing quit claim deed was acknowledged before me this (6 day of
Li v
, 2009, by James P. Mahan, Jr., an individual and as a partner in Mahan Properties.
TNESS my hand and official seal.
A.Prlrrusssr�rl E,7 IPS
ommission expires: o,105/20ii
) ss:
COUNTY OF t )efrn
N
The foregoing quit claim deed was acknowledged before me this
UY , 2009, by Roberta Mahan as a partner in Mahan Properties.
WITNESS my hand and official seal.
My commission expires: I'd tad') ',, 'Z010
LENORA A, SCHREURS
: ' MY COMMISSION EXPIRES
`tf,F, MARCH 8. 2010
W.ru.srrlo.tilacLH,Mn,110MZCDEEU W.., sru.m_wpd
r
I Oh
day of
6,14u
Public
After recording return to: Dan Kerst, P.C.
823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601
BILL OF SALE
Mahan Properties, a Colorado partnership ("Seller"), for the consideration of Ten
Dollars ($10.00) received from Mahan Homeowners Association ("Buyer"), hereby grants
and conveys to Buyer, the following property:
(a). th‘04)__Later storage shed and tank s depicted on the Plat for the
Mahan Subdivision recorded as Reception No. in the
Garfield County Clerk and Recorder's office (the "Plat"); and
(b).The pump phi sure an ,pipes and related equipment r1 cessary to deliver
water from such waer source toeach of the Lots as depicted on the Plat or to one
or more water storage tanks which are part of the common water system, including
the main water line or lines necessary to deliver water from such well or water
source to each Lot or to any such storage tank and from such tank to each Lot
with all its appurtenances, located at 0648 County Road 126, Glenwood Springs, CO
81601.
Seller covenants and agrees to warrant and defend the sale and conveyance of said
property, to and for the benefit of Buyer and Buyer's personal representatives, successors
and assigns, against all persons. When used herein, the singular shall include the plural,
the plural the singular and the use of any gender shall be applicable to all genders.
WITNESS WHEREOF, the Seller has executed this Bill of Sale this day
of , 2009.
11Ya,s,.awl0alaldkIM.Nnl€10A1Bill orS !.,pd
Mahan Properties, a Colorado partnership
By: Jam s Mahan:lo rtner
l
1�,,4 .; q. /2161La_,--'
By: Roberta Mahan, partner
After recording return to: Dan Kerst, P.C.
823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601
STATE OF Co ke
COUNTY OF , ., e ld
) ss:
The foregoing Bill of Sale was acknowledged before me this ft. day of
.... , 2009, by James Mahan as a partner in Mahan Properties.
ITNESS my hand and offioialiamb Expirps
commission expires: 02/05/2011
F T tib) )
ss:
COUNTY OF °.mean )
The foregoing quit claim deed was acknowledged before me this IG
JUL , 2009, by Roberta Mahan as a partner in Mahan Properties.
Notary Public
WITNESS my hand and offjcial seal.
My commission expires: iC '1f,ZDiO
O:fdkIMINnrhOMBJl of Sale.•ptl
LENORA A. SCHREURS
MY COMMISSION EXPIRES
O' MARCH 8, 2010
Public
i
day of
MA -44)
After recording return to: Dan Kerst, P.C.
823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601
GARFIELD COUNTY
APPLICATION AND PERMIT
FOR PRE-EXISTING INSTALLATIONS )ENCROACHING IN A PUBLIC RIGHT -
OF --WAY, Section 3.0 Road Right -of -Way Use Regulation
Applicant/Permittee's Name: Mahan Properties ("Permittee")
Address: 0648 County Road 126, Glenwood Springs, CO 81601
In t�allation Type: PRE-EXISTING encroachment(s), specifically one (1) cabin and one (1 j '\
storage building (Installations")
Location: (pubic ig way name/designation): COUNTY ROAD 126
The Board of Commissioners of Garfield County, Colorado ("BOCC") and Permittee recognize
and agree that the Installations were pre-existing at the date of request by Permittee for
permission to leave the Installations in the public right-of-way and no portion of the Installations
are located on the traveled surface of the public right-of-way. Permission to retain the above-
described Installations at the location specified is granted, subject to the following terms,
conditions and special provisions:
1. The Installations are presently owned by the Permittee, shall be maintained by the
Permittee and shall remain in the public right-of-way at no expense whatsoever to the BOCC.
2. Should the Installations be removed or replaced by the Permittee, the encroachment
permitted herein will no longer be permitted, and no replacement shall be constructed within the
public right-of-way.
3. In the event any changes are made to the public right-of-way that would necessitate
removal and relocation of Installations, Permittee shall do so promptly at its own expense upon
written request from the BOCC. Should the Permittee fail to accomplish such relocation at
Permittee's cost, the County may revoke the Permit, remove the Installations and charge the full
cost of such removal to the Permittee.
4. Permittee shall be responsible for any repairs to the public right-of-way, including the
traveled surface, necessitated by the presence, use, removal, alteration, improvement or
maintenance of the Installations.
5. Permittee shall hold harmless the BOCC and its representatives, agents and employees
from any and all claim, liability, loss, cost, and expense which may arise out of or be connected
with the Installations, including without limitation the maintenance, alteration, improvement,
removal, presence or use of the Installations or any work or facility connected therewith, whether
by an act or omission of the Permitee or any of its agents or representatives. The Permittee shall
be responsible for and shall pay for any and all damages and the costs of defense arising out of
such, as well as pay for damage to County property.
6. The Permittee shall provide the BOCC with a Certificate of Insurance, including public
1
liability and property damage insurance in the minimum amounts of $150,000 per person and
$600,000 per occurrence, written by a company authorized to do business in the State of
Colorado and containing a provision that the insurance shall not be cancelled, terminated,
changed or modified without ten (10) days written notice to the BOCC. The Certificate of
Insurance shall name the BOCC as an additional insured pursuant to the terms of the Permit.
7. No open trench is permitted in or on the traveled surface of the public right-of-way after
dark.
8. Any materials from excavation related to the Installations shall be removed from the
traveled surface of the public right-of-way each day before dark.
9. Permittee shall maintain the Installations at all times in order to prevent movement of
water and debris onto the traveled surface of the public right-of-way.
10. If the BOCC so requires, Permittee shall mark the Installations at designated locations in a
manner acceptable to the BOCC or their representative(s), as needed for the safety and welfare of
the public.
11. Permittee shall advise the Garfield County Road and Bridge Department at least 48 hours in
advance of the time at which work on the Installations is to commence.
12. The public shall be protected during any work on the Installations with proper warning
signs or signals, both day and night. Warning signs and signals shall be installed by and at the
expense of the Permittee and in accordance with directions given by the BOCC or their
representative(s).
13. The BOCC is not responsible for any damage that may result to the Installations located
in the public right-of-way during maintenance of the traveled surface or any other portion of the
public right-of-way.
14. Permittee shall shut off gas, electric, water and other utility lines and remove all
combustible materials from the public right-of-way when requested to do so by the BOCC, as
deemed appropriate by the County for road construction, maintenance operations, or other public
need.
15. Should any portion of the public right-of-way be disturbed during maintenance,
alteration, improvement, removal, presence or use of the Installations or a portion of the
Installations, the Permittee shall restore the area within the public right-of-way to its pre-existing
condition.
16. Any backfilling in the public right-of-way and/or cutting of the traveled surface, whether
or not asphalt, shall require a separate permitting process with the Garfield County Road and
Bridge Department, which permit shall define the methodology, materials, equipment and
operational procedures to be used.
2
17. Where reference is made herein to representative(s) of the BOCC, such representative
shall be the Administrative Foreman for Permits, District Road Supervisor or Director of the
Road and Bridge Department, unless otherwise specified in writing by the BOCC.
18. This Permit relates only to the public right-of-way and is not a grant of permission to
enter into private property adjacent to the right-of-way or alter or disturb installation(s) existing
within the right-of-way installed or owned by other parties.
19. This permit is not a substitute for compliance with a land use permit, if any, otherwise
required by the BOCC.
20. The fee established by the BOCC for this Permit is
Special Provisions:
In making this application and accepting this Permit the undersigned Permittee or its authorized
representative verifies that s/he has read and understands all of the foregoing provisions and has
authority to sign for and bind the Permittee, and that by virtue of his/her signature, below, the
Permittee is bound by all the conditions set forth herein if the Permit is approved and executed by
the BOCC, below.
Permittee: Mahan Properties
A4 uw Aic&t.
es Mahan, Partn - r
Date:
ED AND GRANTED this day of - - , 200 7 .
By:
Marvin Stephens
Director of Road & Bridge Department
3
17. Where reference is made herein to representative(s) of the BOCC, such representative
shall be the Administrative Foreman for Permits, District Road Supervisor or Director of the
Road and Bridge Department, unless otherwise specified in writing by the BOCC.
18. This Permit relates only to the public right-of-way and is not a grant of permission to
enter into private property adjacent to the right-of-way or alter or disturb installation(s) existing
within the right-of-way installed or owned by other parties.
19. This permit is not a substitute for compliance with a land use permit, if any, otherwise
required by the BOCC.
20. The fee established by the BOCC for this Permit is
Special Provisions:
In making this application and accepting this Permit the undersigned Permittee or its authorized
representative verifies that s/he has read and understands all of the foregoing provisions and has
authority to sign for and bind the Permittee, and that by virtue of his/her signature, below, the
Permittee is bound by all the conditions set forth herein if the Permit is approved and executed by
the BOCC, below.
Pennittee: Mahan Properties
B
APPR
Ja
es Mahan, P
VED AND GRANTED this / (0 day of
Date:
, 2001 .
By:
Marvin Stephens
Director of Road & Bridge Department
3