HomeMy WebLinkAbout1.02 HOA documents1
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Tab 3
Homeowners' Association Documents
MOUNTAIN CROSS ENGINEERING, INC.
Civil and Environmental Consulting and Design
826 'lz Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Mahan Subdivision
September, 2008
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%125.00
S 50.00 Document number: 20081132962
Colorado Secretary of State
Date and Time: 03/10/2008 09.38 AM
Id Number: 20081132962
113ti.E SP. ACE 1,(1,14. OFF[(T. 1 S1.2.0\1.1'
Articles of Incorporation for a Nonprofit Corporation
tiled pursuant to til -90-30I, et seq. and y7-422-101 of the Colorado Revised Statutes (C.R.S)
. Entity name:
2. Use of Restricted Words rifrun•o/these
le'rnrs are contained in on entity triune, brut'
name of on entity, 11•atle name or b'7demo.4
stated m lhi.c document. mark the applicable
box):
3. Principal office street address:
4_ Principal office mailing address:
(if different from above)
5. Registered agent: Oran individual):
OR 1i1'¢I business arganiraiion ):
Mahan Homeowners Association
17he nano ofrr nonprofit culporatiue may. but need x01. ranlurn the term or ahhrerinlfon
..c.nr-pururion • incorpnroted .. '•cnrnpmas •• "Vitiated-. "corp, late. n or het
§7-90-601.
"bank" or "trust" or any derivative thereof
E "credit union' 0 "savings and loan"
"insurance", "casualty", "mutual", or "surety"
0648 County Road 126
(Sneer mane and !mother)
Glenwood Springs CO 81601
([Vita) (Stale) (PusluY%ip ('ode)
United States
(Pror(rtce lfapplicabl) ((bunco. - if not (::SJ
(Sit cel name and nranhcr or Past (0)ce /3o. itrforminirn(i
Witt) Oak)
( Pon if oppheohk•) (('hunter if nna 1:S)
Mahan Roberta
(Poclul Zip ('tele)
(Lasa/ trust/
1.1id1ile) (.Srrffr.r)
6. The person appointed as registered agent in_the document has consented to being so appointed.
7. Registered agent street address:
0648 County Road 126
8. Registered agent mailing address:
tirdiIi'Cren( 110111 above)
AR IINC NiPC
:Slrt'N{-nn Irt (ft ri-tttrntb
Glenwood Springs
1("111)
CO
(,Stole)
81601
Wowed Yip ( -ode )
(S1 reef name and number or Pus; (1)f('e Nat itj)Ortnutar?)
1'aec 1 0l 3 Ret 0110 1 /2008
9. I f the corporation's period adoration
is less than perpetual, state the date on
which the period adoration expires:
10. ((Optional] Delayed effective date:
1 1. Naine(s) and address(es) of
incorporator(s): (it an individual)
(('in) (Stole) (Posta/ /ip ('ode)
(Province Ifappin:oh/el (("mono. if not (LS)
(unn eld i.1;rs)
o mild rrvv)
(Las!) (l rr'stl (.1 fiddle) (Sull4)
OR (il'a business organization) Mahan Properties
(if an individual)
OR til a business organisation)
(if all individual}
OR (if a business organization)
0648 County Road 126
(:S/reel name urn( number or Post Office Box inJbrmalia I)
Glenwood Springs CO 81601
'n1)
(Stare) (Posies[ -tip ('ode)
United States
(Pr'orince -• if applicable) (('ounoir - it no1 l S)
(l.uslj (Firs!) (4liddle) (.S'ufJi.r)
1.SYreel name and number or Porl (Office boa information)
((:1(1')
(Proton's tfapplic'uhki
Odle) (Parlat h p ('odc)
United States
(('oruuri if not (-.S)
(Last) I(•'irsll (.1fiddle) (:SWr)
(Sneer name and rrmnbrr or Post O(rce Liar rrrjnrni(1)ionl
Odle) (Poslrll. Zip ( ode)
• United States
(Pmvi/ee ifrrpfJlicifhlc') (Country if nor (i.5j
flfneore than three Jnl or po) oto s. murk his hos ❑ and include au ?inns hJl e1)r mi/tilt the flumes urld athiresses ol er!(
urrorpnrrdnr c
AR'SINI. NI'C
PaL:ty 2 or 3 I(0\ 11I 0 1.'20(18
12. The nonprofit corporation is formed under the Colorado Revised Nonprofit Corporation Act.
13. The corporation will 0 OR will not ❑ have voting members.
14. A description of the distribution of assets upon dissolution is attached.
15. Additional information may be included pursuant to §7-122-1 02, C.R.S. and other organic statutes. IF
applicable, mark this box ❑ and include an attachment stating the additional information.
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf -the individual is causing the document to be delivered for tiling, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
16. Name(s) and address(es) of the
individual(s) causing the document
to he delivered for fling:
Cave
(Last)
823 Blake Avenue
Kelly
(FrrstJ
Esq.
r:blrclrlle) (.Suis)
Suite 202
(Street name and onimhel' Or PoNi Office Box inf0rara(on)
Glenwood Springs CO 81601
(Slate) (Postal Zip (.ode)
United States
(Province • ifuppticuhle) ((ow (; ifnai (iS)
(The docameru need not .mule the orcin (uric' and address of more shun one individual. However, if you wish to suite die rrcuire and address
of am additional 111(11 1.7d710 5 c'unsint the ducrnreuc m he delirered li>rJilinK. muck this has ❑ and include mr atuaelmaeni staling ihe
mune and address of.ruc h indiridrrals.l
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
\RI INC NPC
Page 3 ora Rev. DIA) 112008
ADDENDUM TO
AR'TIC'LES OF INCORPORATION (NONPROFIT CORPORATION)
Mahan Homeowners Association
l Ipon the dissolution of the corporation, assets shall he distributed for one or more
exempt purposes within the meaning of Section 5()1(c)(3) of the Internal Revenue (bode. or
corresponding section ol`any future federal tax code., or shall he distributed to the Iederal
government. for a public purpose. Any such assets not so disposed or shall be disposed of by the
District Court of the county in N.vhich the principal Office of the corporation is then located,
exclusively for such purposes or to such organizations as said Court shall determine, which are
organized and operated exclusively for such purposes.
No part of the net earnings ol'the corporation shall inure to the benefit or, or he
distributable to its members, trustees, on—leers_ or other private persons, except that the
corporation shall he authorized and empowered to pay reasonable compensation for services
rendered and to make payments and distributions in furtherance of the purposes set forth in this
Article. No substantial part of the activities of the corporation shall he the carrying on of
propaganda. or otherwise ttticmpting_ to influence legislation. and the corporation shall not
participate in, or intervene in (including the publishing or distribution of statements) any political
campaign 00 hehalro!'any candidate for puhlic office. Notwithstanding any other provisions of`
these articles. the corporation shall not carry on any other activities not permitted to be carried on
(a) by a corporation exempt from federal income tax code, or (h) by a corporation. contributions
to which are deductible under Section 170(c)(2) of the Internal Revenue ('ode_ or corresponding
section of any future federal tax code.
BY-LAWS
OF
MAHAN HOMEOWNERS ASSOCIATION
ARTICLE I
MEMBERSHIP AND VOTING RIGHTS
Section 1. Owners -Members. Membership in this Association shall be set forth in the
Declaration of Covenants for the Mahan Homeowners Association (hereinafter the "Declaration")
as recorded in the records of the Clerk and Recorder of Garfield County, Colorado. This Association
is a nonprofit corporation established under and by virtue of the laws of the State of Colorado.
Section 2. Right to Vote. Members shall have such voting rights as provided in the
Declaration.
Section 3. Proxies. Voting by proxy is hereby authorized provided that all proxies shall be
filed with the Secretary of the Association at least 48 hours prior to the time of any meeting.
Section 4. Quorum. A majority of the members entitled to vote shall constitute a quorum
for the transaction of any business of the Association, including the election of Directors.
Section 5. Adoption of Resolution. It shall require a vote of not less than the majority of the
members present at a meeting in person or by proxy to adopt a resolution presented at a membership
meeting for adoption.
ARTICLE II
MEMBERSFIIP MEETINGS
Section 1. Annual Meetings. An annual meeting of the members of the Association shall
be held on such date and at such time and place as may he fixed by the Board of Directors.
Section 2. Special Meetings. Special meetings of members ofthe Association may be called
by the President, or by resolution of the Board of Directors of the Association, or upon a petition
signed by not less than a majority of the members entitled to vote, the same having been presented
to the Secretary. A notice of any special meeting shall state the time and place of the meeting and
the purpose thereof. No business shall be transacted at any special meeting except as stated in such
notice, unless by agreement of more than 50% of the members present and entitled to vote, either
in person or by proxy.
Section 3. Place of Meeting. Meetings, both regular and special, of the membership shall
be held at such suitable place within Garfield County, Colorado, as may be designated by the Board
of Directors of the Association.
Section 4. Notice of Meeting. Notice of the annual meeting of members of the Association,
setting forth the place, date, and time of such meeting, shall be mailed to members entitled to vote
at le,. • -,r . , e • •e date-fixed-forsuGh-nleeti- g. Notices of sp . - - - ll
be given to members entitled to vote at least fifteen (15) days prior to such meeting, All such notices
shall be mailed by the Secretary of the Association, postage prepaid, and addressed to the member
entitled to vote at his last known address shown on the records of the Association.
Section 5. Adjourned Meetings. lfany meeting ofthe members cannot be conducted for lack
of a quorum at said meeting, either in person or by proxy, the President may adjourn the meeting to
a later date not more than ten (10) days from the time of the original meeting.
Section 6. Order of Business. The order of business at the annual meeting of members shall
be as follows:
(a) Roll call of,members present entitled to vote
(b) Inspection and verification of proxies
(c) Reading of minutes of the preceding annual meeting
(d) Report of officers
(e) President's report
(f) Committee reports
(g) Election of members of the Board of'Directors
(h) Unfinished business
(1) New business
ARTICLE III
BOARD OF DIRECTORS
Section 1. Number and Qualification. The affairs and business of the Association shall be
conducted by a Board of Directors consisting of not less than three members who shall be elected
at the annual meeting by members of the Association entitled to vote thereat. Members of the Board
shall serve until their successors are duly elected and qualified.
Section 2. Election and Term of Office. At annual meetings of the membership of the
Association to be held as herein provided, the terms of office ofthe Directors may be fixed for such
period of thine as the membership entitled to vote may determine, and such terms may be staggered,
that is to say, various members may be elected for terns of different lengths so that there will be a
carryover of old Directors at each annual meeting, and only new Directors will be designated
thereafter, provided that nothing herein contained shall prevent the election ofa Di rector whose term
has expired to a new term as such Director.
Section 3. Vacancies. Vacancies in the membership of the Board of Directors caused for
any reason other than the removal ofa Director by a vote of the membership as herein permitted shall
be filled by a vote ofa majority of the remaining Directors even though they may constitute less than
a quorum; and each person so elected shall be a Director until his successor is elected at the next
annual meeting of the membership.
Section 4. Removal of Directors. A Director may be removed as such at any regular or
special meeting duly called, with or without cause, by a vote ofa majority 0i -the members entitled
to vote, and a successor may then and there be elected to fill the vacancy thus created. The term of
office of any Director shall be declared vacant when such Director ceases to be a member of the
Association by reason of the transfer of his ownership of a unit.
Section 5. Compensation. Directors shall not be paid any compensation for their services
performed as such Directors unless a resolution authorizing such renumeration shall have been
adopted by the Board of Directors ofthe Association and ratified by resolution of the membership.
Directors may be reimbursed for actual expenses incurred in connection with their duty as Directors.
Section 6. Organization Meeting. Within a period of ten (10) days following the election
of newly elected Board of Directors, an organization meeting ofthe Directors shall be held at a time
and place fixed -by the Directorsat-which-meeting officers-ef-thc Association shall be cleete-d-as
provided for in Article IV hereof.
Section 7. Regular Meetings. Regular meetings of the Board of Directors shall be held at
such time and place as shall he determined from time to time by the President of the Association or
by a majority of its Board of Directors. Notice of regular meetings of the Board of Directors setting
forth the place, date, and time of such meeting, shall be given each Director personally or by mail,
telephone, or telegraph, at least three (3) days prior to such meeting.
Section 8. Special Meetings. Special meetings of the Board of Directors may be called by
the President or Secretary on 48 hours notice to each Director given personally, by mail, telephone,
or telegraph, which notice shall state the date, time, and place of the meeting and the purpose thereof.
Section 9, Waiver of Notice. Before or at any meeting of the Board of Directors, any
Director may, in writing, waive notice of such meeting, and such waiver shall be deemed equivalent
to giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of
notice by him of the time and place thereof. lfall the Directors are present at a meeting of the Board,
no notice shall be required and any business may be transacted at such meeting.
Section 10. Quorum. A majority of the Board of Directors then in office shall constitute a
quorum for the transaction of any business of the Association, and the act of a majority of the
Directors present at a meeting at which time a quorum was present shall be the act of the Board of
Directors. If at any mceting of the Board of Directors there be less than a quorum present, the
majority of those present may adjourn the meeting to a later date. At any adjourned meeting at which
a quorum is present any business that might have been transacted at the meeting as originally called
may be transacted without further notice.
Section 11. Manager or Managing Agent. The Board of Directors may engage the services
of a manager or managing agent for the purpose of administering and carrying out the purposes and
intent of the Declaration; provided, however, the manager or managing agent shall not have authority
to levy assessments or to take action which affects the title of a Unit owner in and to such owner's
Unit, or his interest in the common elements, which rights shall be reserved to the Board of
Directors, subject to the vote of the members of the Association as provided in its Articles or these
By -Laws or in the Declaration.
Section 12. Duties. The Board of Directors shall be entitled to designate and remove
employees or personnel as necessary for the operation, maintenance, repair, and replacement of the
common element.
Section 13. Indemnification. The members of the Board of Directors shall not be liable to
the members of the Association for any mistake of judgment, negligence, or otherwise, except in the
event of willful misconduct or malfeasance. The Association shall indemnify and hold harmless
each of the members of the Board of Directors against all contractual liabilities of others arising out
of contracts made by the Board of Directors on behalf of the Association and its members, and in
connection with any act performed pursuant to the Declaration, unless such Director or Directors are
adjudged guilty of willful misconduct or malfeasance in the performance oftheirduties as Directors.
ARTICLE IV
OFFICERS
Section 1. Designation. The principal officers of the Association shall be a President, Vice
President, Secretary, and Treasurer, all of whom shal l be elected by the Board of Directors. The
officers of the Association may be combined, except that the President and Secretary shall not be the
same person. Other officers or agents may be appointed or elected by the Board of Directors from
time to time.
Section 2. Election of Officers. The officers shall be elected annually by the Board of
Directors at the organization meeting of each new Board, and shall hold office at the pleasure of the
Board of Directors.
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Section 3. Removal of Officers. Upon an affirmative vote of a majority of the members of
the Board of Directors, any officer may be removed, either with or without cause, and his successor
elected at any regular meeting of the Board of Directors, or at any special meeting of the Board
called for such purpose.
Section 4. President. The President shall be the chief executive officer of the Association.
He shall preside at all meetings of the Association and of the Board of Directors. He shall have ail
of the general powers and duties which are usually vested in the office of the President, including,
but not limited to, the power to appoint committees from among the owners from time to time as he
may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association.
Section 5. Vice President. The Vice President shall take the place of the President and
perform his duties whenever the President shall be absent or unable to act. If neither the President
nor the Vice President shall be able to act, the Board of Directors shall appoint some other member
of the Board to do so on an interim basis. The Vice President shall also perform such other duties
as shall from time to time be imposed upon him by the Board of Directors.
Section 6. Secretary. The Secretary shall have the responsibility for keeping the minutes of
all meetings of the Board of Directors and the Association and such correspondence as shall be
necessary and such other duties as shall from time to time be imposed on him by the Board of
Directors.
Section 7. Treasurer. The Treasurer shall have the responsibility for Association funds and
securities, and shall be responsible for keeping full and accurate accounts of all receipts and
disbursements of the Association, and deposit its funds in such depositories as may from time to time
be designated by the Board of Directors.
Section 8. Indemnification. Officers of the Association shall be indemnified for any act they
may perform upon behal f of the Association in the same manner herein provided for indemnification
of members of the Board of Directors.
ARTICLE V
RULES AND REGULATIONS
The Board of Directors may, from time to time, promulgate rules and regulations consistent
with and in furtherance of the covenants affecting the subject property and the Articles and Bylaws
of this Association.
ARTICLE VI
BOOKS AND RECORDS - INSPECTION
Section 1. Books and Records. The Board of Directors shall cause to be maintained at the
principal office of the Association complete books of account of the affairs of the Association.
Section 2. Inspection. Such books of account shall be open to inspection at convenient week
day business hours by any Unit owner or the mortgagee of any Unit. Such inspection by any owner
or mortgagee may be made in person, or by agent or attorney, and the right of inspection includes
the right to make extracts or perform audits. Any such inspection shall be at the expense of the
owner or mortgao-.e eonduc tingihe Game Lpon r 0)_days e--to-t ie Boar of—D-irecte -or
to a manager or officer as may be established by the Board of Directors from time to time, any Unit
owner or first mortgagee shall be furnished a statement of account setting forth the amount of an
unpaid assessments or other charges due and owing in connection with the Unit in which said Unit
owner or mortgagee holds an ownership or lien interest.
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ARTICLE VII
SEAL
The Board of Directors shall provide a corporate seal which shall be circular in form, and
shall have inscribed thereon the name of the Association and the state of incorporation and the word
"Seal".
ARTICLE VIII
AMENDMENTS
These By -Laws may he amended by a majority vote ofthe Hoard of Directors at any regular
meeting or any special meeting called for such purpose. The notice ofthe meeting to amend the By -
Laws shall specify the amendment in such notice. No By -Laws shall be amended nor shall
supplemental By -Laws be added hereto which shall be in conflict with the statutes of the State of
Colorado or the conditions, provisions, and terms of the Declaration.
The foregoing By -Laws were duly adopted at a meeting of the Board of Directors held the
I9th day of March, 2008.
a
illi
rta Mahan - Secretary
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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 , 2008 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 (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 thetPlat 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.
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
as depicted on the Plat and as described herein.
1
2. 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.
3. 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
2
this Section. 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.
4. 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 should 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.
(e).
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.
5. 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
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.
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6. 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 Section 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.
7. 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.
8. 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.
9. 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,
10. Use Restrictions. The Lots shall be subject to the following limitations and
restrictions on use:
(a). 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.
(b). 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
4
inoperable. No maintenance of vehicles shall be conducted on the Property, except
emergency maintenance or repairs.
(c). 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.
(d). Two (2) dogs will be allowed for each residential unit. Any dog brought onto the
Property shall, at all times, be under the direct control of such dog's owner.
(e).
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.
(f). 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.
(g).
No area lights, yard lights or other such exterior lights shall be allowed or maintained
on any Lot without the prior written approval the HOA.
11. Homeowners' Committee. The HOA shall consist of three (3) members and the
owner or owners of each Lot shall designate one person to serve as a member of the HOA and
mutually agree on the third member. 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
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 during the month of January each year and at such
other times as a majority of the 1-IOA shall determine. Any action of the HOA shall require the
unanimous approval of the members of the HOA.
12. 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.
5
13. 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 Iaw or in equity.
(b). Upon the violation of a use restriction as provided in Section 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.
(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 (1 5) 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.
6
(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.
14. 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.
15. 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.
Executed this
STATE OF COLORADO
COUNTY OF GARFIELD
day of 2008.
) ss.
Declarant:
Mahan Properties, a Colorado partnership
By: James Mahan, Partner
By: Roberta Mahan, Partner
The foregoing instrument was acknowledged before me this day of
2008, by James Mahan and Roberta Mahan as Partners of Mahan Properties.
WITNESS my hand and official seal.
My Commission expires:
7
Notary Public
Quick Facts...
:wildfire will find the weakest
links in the defense measures
you have taken on your property.
Even small steps that you take to
'protect your home and property
will make them that much more
ah - to withstand fire.
Consider the measures below for
all areas of your property, not
;List the immediate vicinity of the
:'U5e.
lorado
University
• Cooperative
Extension
Colorado State llniversuv
. { I)li!'�i:n•' f-vti'll tiitlfl. l• -I-
EXHIBIT
FORESTRY
Creating fire -safe zones no. 6.302
by F.C. Dennis
Fire is capricious — it can find the weak link in a home's protection scheme.
often gaining the upper hand in spite of traditional defenses. While you may not be
able to accomplish all of the measures below, even a few will increase your homes.
and possibly your family's, safety.
Defeasible Space
One factor has emerged as the primary determinant of a home's ability to
survive wildfire. This is the vegetative clearance around the house, or what fire
professionals call "defensible space." Defensible space is, in simplified terms.
"room" for the fire fighters to do their jobs. Your house is more likely to withstand a
wildfire if grasses, brush, trees, and other common forest fuels are removed,
reduced, or modified to reduce a fire's intensity. These activities will keep fire a4vay
from the home and restrict a fire on your property from damaging adjacent lands.
Historically, small areas of modified fuels were thinned around homes within
a larger area of dense fuels. This created a "cookie cutter" effect. While moderately
helpful, this does not provide adequate protection, particularly in fuels such as
lodgepole pine. Recently, this practice was reviewed and improvements of the
concept recommended. The expanded system employs a series of zones and
segments (Figure 1).
Fire Safety Zones
Zone 1 is the original (cookie cutter) defensible space area. It is the area of
maximum modification and management (described in Colorado State Forest
Service publications Home Fire Protection in the Wildland Urban Interface and
Wildfire Protection in the Wildland Urban Interface).
Zone 3 is an area of traditional forest management activities. It is of no
specific size, but ideally would extend from the defensible space area to the
property boundaries.
Zone 2 is a transitional area between zones 1 and 3. The downhill. uphill.
and side distance measurements for this area generally are the same as in zone 1.
but combined they should extend at least 75 to 100 feet from the house. Within this
area. the intent is to "feather" the heavy thinning of zone 1 into the more traditional
forest cover of zone 3. This eliminates the wall of dense, unthinned forest fuels that
currently exists around defensible space areas, while enhancing homesite safety and
the aesthetics of the property.
Prescriptions
Zone 1. Size of this zone is dependent upon the structure size and the
slope of the ground. See Figure 2 for downhill. uphill. and side distances for specific
slopes.
Dispose of all slash in this area by piling and burning, shipping, or i1au»L,�
away. (Please contact your local Sheriff's office or Colorado State Forest Service
ICSFSI district office for more information on burning recommendations.)
Leave no dead (wildlife) trees, except possibly one or two widely -spaced
trees at the outer edge of the zone. Be sure such trees cannot fall on the house. An
occasional tree may be allowed closer to the house if it is topped to a maximum 10
to 15 feet.
Segment A, the area immediately adjacent to the structure, is 3 to 5 feet
wide (Figure 3). Nothing should be planted here, particularly if the house its sided
with wood, logs, or other flammable material. Decorative rock or gravel creates an
attractive. easily maintained nonflarnmab€e ground
cover.
Zone 3
X
-- Property tine
i
/ •
/ /
1 t
1 I
I r
t` Zone 21
E
1 1 Zone i
\
1. Forested property showing the
zones of fire safety surrounding a
aesite or subdivision.
50
40
0
30
¢ ▪ 20
0
( 10
0
feet
above
• If the house has non-combustible siding, widely -
spaced foundation plantings of low growing shrubs
are acceptable. Do not plant shrubs directly under
windows or next to foundation vents. Be sure there
are no areas of continuous grass adjacent to the
shrubs in this area.
• Do not store firewood or other combustible
materials in this area. Enclose or screen decks and
extend gravel coverage underneath decks. Do not
use the area under the deck for storage.
Segment B is the area extending from
segment A out approximately 15 feet. Allow about
10 feet between tree crowns in this area (Figure
3). Prune trees so that lowest branches are 8 to 10
the ground. Remove all ladder fuels beneath the trees. (Ladder fuels are
small shrubs. trees, and tree limbs which could allow a fire to climb into the tree
tops.)
• Isolated shrubs may remain, provided they are not under tree crowns. Prune
shrubs periodically to maintain vigorous growth and low form. Remove all dead
stems from trees and shrubs annually. (For proper
pruning techniques. refer to fact sheet 7.205. Pruning
evergreens; 7.206, Pruning shrubs; and 7.207.
Pruning deciduous trees,)
• Mow grasses (or remove with a weed -eater) as needed
throughout the growing season to keep them low. a
maximum of 6 inches high. This is extremely critical in
the fall when grasses dry out and cure. or in the spring
before they green up.
• Locate firewood and propane tanks in the outer
portion of this segment. Stack firewood uphill from the
house. not below, and do not stack beneath trees. Keep
grasses cleared away from firewood stacks. Locate
propane tanks where service trucks can reach them but. if possible. on a contour
away from structures. Keep grasses cleared away from propane tanks. or. ideally.
locate tanks on gravel pads. Do not screen propane tanks with shrubs or trees.
Segment C is the outer segment of zone 1. running from the outer edge
of segment B to the edge between zone 1 and zone 2. Thin and prune trees and
shrubs as described for segment B. Within the outer portions of this zone. small
groups of trees and widely -separated individual trees may be left unpruned for
landscape purposes.
• Cut or mow as needed to keep grass height at a maximum of S inches_ Again_
this is critical in the fall and early spring.
Uphill tand side)
30 35 40 45 50 55 60 65 70 SO 90 100
Distance to home
"igure 2: If your home is situated on a
'0 percent slope, defensible space
dimensions would be 40 feet uphill and
to the sides of your home, and 47 feet
)n the downhill side.
11t' cure 4 is oasea upon slruciuie a11u
These are the same distances as those of zone 1, but the total treated area for
zones 1 and 2 combined should extend at least 75 to 100 feet from the house,
especially on the downhill side.
Dispose of slash through piling and burning, or chipping. A few small.
widely distributed brush piles may be left for wildlife put -poses - no more than 2 or
3 per acre. Small amounts of slash can be lopped and scattered for decomposition.
If lop and scatter is used, do not leave continuous areas or large concentrations of
slash. (Contact your local office of the Colorado State Forest Service or your local
Sheriff's office for information on burning slash piles.)
Limit the number of dead trees in this zone. Wildlife only need 2 or 3 per
acre. Be sure that these snags cannot fall onto the house or block access roads or
driveways.
Because zone 2 acts as additional ,protection for the structure, forms an
aesthetic buffer, and provides transition between zones. it is necessary to blend the
requirements for zones 1 and 3.
• The inner portion of the zone will be thinned essentially to the same prescription
as zone 1, segment C. Tree density will gradually increase until it reaches that of
zone 3. A good rule of thumb for tree spacing the outer portions of this zone is 4 to
6 feet between tree crowns (see Figure 4).
• Prune trees to a height of about 8 feet at the inner portion of the zone, gradcAly
decreasing to a height of about 5 feet at the outer portions of the zone. The closer
the proximity to zone 3, the higher number of unpruned trees that can be left in this
zone.
• Mowing is generally not necessary in this zone except under trees such as spruce
where low -growing branches have been left for aesthetic purposes.
Figure 3: Segment A, segment g, and segment C of zone t and the edge between zones 1
and 2.
Y
Figure 4: X = crown spacing; Y = stern
spacing. (Do not measure between stems
for crown spacing — measure between
the edges of tree crowns.)
F.0 Dennis, Colorado State Forest Service
district forester Produced in cooperation
with the Colorado State Forest Servtce.
This fact sheer
was produced
in cooperation
with the
t_olor,ido �t,trc
Forest erk rr_L'.
Colorado
te
FOREST
SERVICE
This zone is of no specified size — it extends from II -4
edge of zone 2 to the property line.
Any approved method of slash treatment is
acceptable for this zone, including piling and burning,
chipping, or lop -and -scatter.
• A greater number of (dead) wildlife trees can remain
in this zone, but generally only 2 or 3 per acre are necessary
for good wildlife habitat. Make sure that dead trees and snags
pose no threat to power lines or fire access roads.
Zone 3 is an area of traditional forest thinning.
Typical management objectives for areas surrounding
homesites or subdivisions are: to provide optimum
. recreational opportunities; enhance aesthetics; maintain tree
health and vigor; provide barriers for wind, noise, dust. and
visual intrusions: support limited production of firewood. fence
posts, and other forest commodities: and sustain the growth c
Christmas trees or transplants.
Specific thinning requirements are dictated by the
landowners objectives for his land. However, most thinnings
are done from below (leaving the biggest and hest trees) and
on an individual tree selection basis. Thinnings sanitize and improve the forest
stand by removing trees that have been damaged. attacked by insects. infected by
disease, or are of poor form or low vigor. (For more information about thinning the
trees on your property, see the CSFS publication Landowner Guide to Thinning.;
Tree spacing is usually dependent upon the species being managed and
factors such as susceptibility to windthrow or damage from heavy snow loading. For
ponderosa pine and Douglas -fir, a good rule of thumb for stem spacing is diameter
+ 7. For lodgepole pine and Engelmann spruce, the stern spacing guide is diameter
+ 5. (Diameter is measured in inches and converted to feet. For example. if the
average tree to be left after thinning was an 8 -inch diameter ponderosa pine. 8 - 7
= 15. for a spacing of 15 feet between trees, as measured between tree stems).
While pruning is generally not necessary in zone 3, it is a good idea from
the standpoint of personal safety to prune those trees along trails and fire access
roads. Or. if you prefer the aesthetics of a well -manicured forest. there is nothing
wrong with pruning the entire area. In any case, any pruning helps reduce 'ladder
fuels within the tree stand. thus enhancing fire safety.
Mowing is not necessary in zone 3.
Issued in rurtherance of Cooperative Extension work, Acts or May 6 and lune O. 1914. .n
cooperation with the US. Department of Agriculture, Milan A. Rewerrs. Dlrectnr of Ci onerat•
Extension. Colorado State University, Fort Collins. Colorado- Cooperative Extension programs
available to all without discrimination. No endorsement or products is intended nor ;s cr't,cisrr
imniied ill :)roducts not rncnuoned.
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). All applicable water rights associated with the Mahan Subdivision,
including, but not limited to springs, Well permit No. 239415, and the water
storage shed and tank as depicted on the Final Plat for the Mahan
Subdivision recorded as Reception No. in the Garfield
County Clerk and Recorder's office, including any and all water rights made
appurtenant to the Mahan Subdivision.
(b). The pump, pressure tank, pipes and related equipment necessary to deliver
water from such water source to each of the Lots as depicted on the Final Plat for
the Mahan Subdivision 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.
Signed this day of , 2008.
Mahan Properties, a Colorado partnership
James P. Mahan, Jr. James Mahan, partner
'.iir,n.svr,Daaa.W..MaM1an1110A,QC DEED Wats SY,I:m. wryi
Roberta Mahan, partner
After recording return to: Dan Kerst, P.C.
823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601
STATE OF COLORADO )
) ss:
COUNTY OF GARFIELD )
The foregoing quit claim deed was acknowledged before me this day of
, 2008, by James P. Mahan, Jr., an individual and as a partner in Mahan
Properties.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss:
COUNTY OF GARFIELD )
The foregoing quit claim deed was acknowledged before me this day of
, 2008, by Roberta Mahan as a partner in Mahan Properties.
WITNESS my hand and official seal.
My commission expires:
Vtou.stt.Dasa,dkAtalunplf0:.IXDEED Wa.r Slsi.m,up,1
Notary Public
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
Installation Type: PRE-EXISTING encroachment(s), specifically one cabin and one storage
building (collectively referred to "Installations")
Location: (public highway 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 the 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.
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.
2
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 installations 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/his/her
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
By:
Title: Date:
APPROVED AND GRANTED this day of , 200
By:
Marvin Stephens
Director of Road & Bridge Department
F:1MyFiles\ROAD\Road Perinits\FORM-Pre-Existing Encrt's.doc
3
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 60' Right of Way depicted as County Road 126 on the final plat 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 of the
existing road as constructed and in place
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 day of , 2008.
James P. Mahan, Jr., Partner Roberta Mahan, Parnter
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2008, by James P. Mahan, Jr., as partner of Mahan Properties.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF )
COUNTY OF
) ss.
The foregoing instrument was acknowledged before me this day of
, 2008, by Roberta Mahan as partner of Mahan Properties.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Accepted as a public and county road right-of-way by resolution of the Garfield County
Commissioners adopted the day of , 2008.
ATTEST:
County Clerk
0.kery-.r.➢ala•dK.Mthan`HIShn of Sway [A.d.frm
2
BOARD OF COUNTY COMMISSIONERS
By
Chairman