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HomeMy WebLinkAbout1.0 ApplicationKarp .Neu .Hanlon '.: ATTORNEY S A T LAW Karl J. Hanlon kjh@mountainlawfirm .com June 8, 2016 Hand Delivery Tamra Allen Sander N. Karp* James S. Neu Karl J . Hanlon Michael J. Sawyer James F . Fosnaught Jeffrey J . Conklin Andrew A. Mueller • Fellow of the College of Labor and Employment Lawyers Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Matthew L. Trinidad Patrick L. Barker Jon T. Hoistad Delphine F. Janey Of Counsel Richard I. Zuber** Anna S. ltenberg Greg S. Russi Hollie L. Wieland **Fellow of lhe American Academy of Matrimonial Lawyers Glenwood Springs Offlce 201 14tll Street, Suite 200 P. 0. Drawer 2030 Glenwood Springs, CO 81602 Aspen Office*** 323 W. Main Street, Suite 301 Aspen, CO 8161 I Montrose Office*** 1544 Oxbow Drive, Suite 224 Montrose, CO 8 I 402 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 www . mountain] awfi rm . com "'"'*All co"espondence slto"ld be sent lo the Glenwood Spring31· office Re: Final Plat Amendment Application Ironbridge Phase II, Filing 1, 2, 3 -Sanitation Parcel Dear Tamra: Enclosed is an Application for a Final Plat Amendment for Phase II of the Ironbridge Subdivision particularly related to what is referred to as the Sanitation Parcel on the Phase II Final Plat. This application only seeks to rename the Parcel "Parcel A" to avoid any confusion with future land use applications. On May 13, 2016 a Pre-Application Conference was held with Tamra Allen and Kathy Eastley regarding this Plat Amendment. At that time a Pre-Application Conference Summary Letter was determined to be unnecessary. General Application Materials: Application form and fee, Agreement to Pay Form, Statement of Authority, Deed to demonstrate ownership, Title Commitment, Names and mailing addresses of property and mineral owners within 200', Assessor map indicating properties within 200'; Copy of existing plat; Draft Amended Final Plat with Vicinity Map; Subdivision Improvements Agreement; CC Rs. Karp .. Neu .. Hanlon :.: ATTORNEYS AT I AW Final Plat Amendment Application Ironbridge Phase II, Filing 1, 2, 3 -Triangle Parcel Page 2 When preparing the 2014 application to amend the PUD plan for Ironbridge Phase II, Filings 1, 2, and 3, I obtained a title commitment for the lands embraced by Phase II of the PUD. The title commitment disclosed, as do the title commitments submitted with the present Application, that the "Terms, conditions and reservations contained in mineral deed recorded May 15, 1964 in Book 358 at Page 63" would be excepted from coverage. The referenced mineral deed granted James L. Rose title to all minerals underlying the Phase II land. Consequently, I arranged for a search of the Garfield County real estate records to determine whether James L. Rose had conveyed the mineral estate to another party. Determining that he had not, I concluded that title to the mineral estate was still vested in James L. Rose as of February, 2014. For purposes of the present application, my Firm confirmed that James L. Rose or his successors had not conveyed the mineral estate to any party subsequent to the date of the 2014 Blue Heron Properties application, February 14, 2014, and is the current owner, as of the date of the current application. The complete application is also contained on the CD submitted herewith. Should you have any questions regarding the application please do not hesitate to contact either myself or Matt Langhorst at High Country Engineering. KJH:ap Enclosures cc: Blue Heron Development Co. Very truly yours, KARP NEU HANLON, P.C. Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfi eld-co unty.com TYPE OF SUBDIVISION/EXEMPTION D Minor Subdivision Major Subdivision D Sketch D Preliminary D Final Conservation Subdivision D Yield D Sketch D Preliminary D Final D Time Extension INVOLVED PARTIES Owner/ Applicant Name: Blue Heron Development Company Mailing Address: 430 Iron bridge Drive City: Glenwood Springs E-mail : Representative (Authorization Required) Name: Karl J. Hanlon Mailing Address : PO Drawer 2030 City: Glenwood Springs E-mail : kjh@mountainlawfirm.com PROJECT NAME AND LOCATION Project Name: D El D D D DIVISIONS OF LAND APPLICATION FORM Preliminary Plan Amendment Final Plat Amendment Common Interest Community Subdivision Public/County Road Split Exemption Rural Land Development Exemption Phone: ( 970 ) 384-0630 State: CO Zip Code: 81601 Phone: ( 970 ) 945-2261 State: CO Zip Code: 81601 lronbridge Phase II Plat Amendment-Sanitation Parcel Assessor's Parcel Number: 2395 -013 -29 -007 ------------ Physical/Street Address: Legal Description: lronbridge PUD Zone District: PUD Property Size (acres): 0.459 acres Project Description Existing Use: Proposed Use (From Use Table 3-403): Description of Project: This application only seeks to rename the Pa rcel "Parcel A" to avoid any confusion with future land use applications. Proposed Development Area Land Use Type #of Lots #of Units Acreage Parkin g Single Family Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements D The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section : Section : Section : Section : Waiver of Standards Cl The Applicant is requesting a Waiver of Standards per Section 4-118. List : Section : Section : Section: Section: I have read the sta ements above and have provided the required attached information which is correct and c e t the best of my knowledge. Date OFFICIAL USE ONLY FileNumber: _______ _ Fee Paid:$ ____________ _ PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Blue Heron Development Company agree as follows: 1. The Applicant has submitted to the County an application for the following Project: __ _ lronbridge Phase II Final Plat Amendment -Sanitation Parcel 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person:_J_o_h_n_B_. Y_o _u _n _g ________ Phone: ( 970 ) 384-0630 Billing contact Address: 430 Iron bridge Drive City : Glenwood Springs Billing contact Email: jyoung@ironbridge.com State: CO Zip Code : _8_1_60_1 ___ _ Printed Nam Authorized to Sign: _J_o_h_n_B_. _Y_o_u_n_g ______________ _ (Date) J 877928 06/02/2016 10:48:24 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded Document prepared by: After recording return to: Karl Hanlon Karp Neu Hanlon PC 201 14th Street, Suite 200 =·g= __ !.=~~=2\="f\f=O=O~=-· ·=§=p=ri=n'""~=~:·=·-~=.:S=.?.=·-=8=16=0=1=--=----=·--=---=····=--·=·--·=.·.·.·=.·· ===····=···=····=-·=--'-'-=~.,=--'=""""'""""--=··'=""""'"""""==·=· =····=· =···=····=···=----=···=····= STATEl\'IENT OF AUTHORITY 1. This Statement of Authority relates to an entity named Blue Heron Development Company (the "Company"), and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a Colorado corporation, 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is: 430 Ironbridge Drive, Glenwood Springs, CO 81601. 5. The Manager named below is authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity. Blue Heron Management, LLC, by its Manager, including either .James 'W. Light or John B. Y mmg 6. The authority of the foregoing lVfanager (i.e., Blue Heron Management, LLC) to bind the entity is not limited. Each Manager of Blue Heron Management, LLC is authorized to act on behalf of Blue Heron Management, LLC, which in turn is authorized to bind the Company. 7. Other matters concerning the mam1er in which the entity deals with interests in real property: No other matters or restrictions or limitations, Signature page follows immediately 1 of2 877928 06/02/2016 10:48:24 AM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded STATE OF COLORADO COUNTY OF GARFIELD BLUE HERON DEVELOPl'vlENT COJV1PANY, A COLORADO CORPORATION By its Manager, Bhrn Heron Management, LLC, a Colorado limited liability company ~ .... LI) ~ By: ~ lv. ~·: .r Jan~~,,..,) , Light, its Manager The foregoing instrument was acknowledged before me this J~'-day of. 2016, by Blue Development Company, LLC by its Manager, Blue Heron 1vt its Manager, James vV. Light. vVitness my hand and ofli.cial seal. STATE OF COLORADO C01JNTY OF GARFIELD BLUE HERON DEVELOPMENT COMPANY, A COLORADO CORPORATION *' } The foregoing instrument was acknowledged before me this j2: ____ day of . __ c.Z~:~"'!~~~---·················~ 2016, by Blue Development Company, LLC by its Manager, Blue Heron Management, LLC, by its Manager, John B. Young. Witness my hand and official seal. MARIANNE MCGARRY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19994022789 MY COMMISSION EXPIRES SEPT. 9, 2019 2 of2 877338 05/18/2016 09: 14:46 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded Recording requested by: After :recording :return to: Matthew L Trinidad Karp Neu Hanlon PC 201 l 41h Street, Suite 200 Glenwood Springs, CO 8 J 60 J {970) 945-2261 DOCUMENTARY FEE EXEMPT Quitdaim The "Grantor," Blue Herem Properties, LLC, whose legal address is 430 Ironbridge Dr., Glenwood Springs, CO 81601, of the County of Garfield and State of Colorado, for the consideration of $10, in hand paid, hereby sells and quitclaims to Bh.te Heron Development Company, the "Grantee," whose legal address is 430 lrnnbridge Dr., Glenwood Springs, CO 81601, of the County of Garfield and State of Colorado, the real property in the County of Garfield and State of Colorado, described on the attached Exhibit A, also known under Assessor Parcel No. 2395-013-29-007, with all its improvements and appurtenances. BLUE HERON PROPERTIES, LLC STATE OF COLORADO COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this /~_~day of \..jY!AwS;f,-.. --------------------·' 2016, by Blue Heron P:ropl~rties, LLC by its General Manager, Blue Henm J~lfrnagcm¢1lt, LI,C, by its Manager, .John B. Young. \Vitness my hand and official seal. )1; ~~ f1i c.b' --------------------------.-.-----.-.----'-~ Notary Public cf 877338 05/18/2016 09: 14:46 AM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded PROPERTY DESCRIPTION A PARCEL OF LAND BEING THE SANITATION DISTRICT PARCEL, IRONBRIDGE PLANNED UNIT DEVELOPMENT -PHASE II, FILINGS 1, 2 & 3 AS SHOWN ON THE PLAT THEREOF RECORDED AS RECEPTION NO. 702420 IN THE GARFIELD CLERK AND RECORDER'S OFFICE, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL CONTAINING 0.459 ACRES, MORE OR LESS. •J3/00/15 ; OF' l ..................... ..._..._..._..._..._..._..._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.,_.,_.,_.._...._.._.._.._.,,,, . ._.._.._.._.._.._.._.._~,.,..~.~~~~~~~ ... ~~-~; METRO OIST PHASE 2 EXHIBIT.DWG Customer Distribution Our Order Number: ABS63010807 Date: 05-27-2016 Property Address: TBD, GLENWOOD SPRINGS, CO 81601 For Title Assistance SUSAN MOYA 2454 PATTERSON RD #100 GRAND JUNCTION, CO 81505 970-248-3883 (phone) 970-241-1593 (fax) smoya@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Seller/Owner BLUE HERON DEVELOPMENT COMPANY LLC Delivered via: Electronic Mail Attorney for Seller KARP NEU HANLON ATTORNEYS AT LAW Attention: ANGELIQUE PETTERSON PO BOX 2030 201 14TH ST #200 GLENWOOD SPRINGS, CO 81602 970-945-2261 (work) 970-945-7336 (work fax) app@mountainlawfirm.com Delivered via: Electronic Mail ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABS63010807 Customer Ref-Loan No.: Property Address: TBD, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 05-18-2016 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: BLUE HERON DEVELOPMENT COMPANY 5. The Land referred to in this Commitment is described as follows: SANITATION DISTRICT PARCEL, IRONBRIDGE PUD - PHASE II, FILINGS 1, 2 & 3 AS SHOWN ON THE PLAT THEREOF RECORDED JULY 19, 2006 AT RECEPTION NO. 702420 COUNTY OF GARFIELD, STATE OF COLORADO Copyright 2006-2016 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: ABS63010807 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABS63010807 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE 411 AND RECORDED FEBRUARY 17, 1896 IN BOOK 12 AT PAGE 408. 9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT AND RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE 411 AND RECORDED FEBRUARY 17, 1896 IN BOOK 12 AT PAGE 408. 10.AN UNDIVIDED 1/2 INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED IN INSTRUMENT RECORDED OCTOBER 27, 1950 IN BOOK 254 AT PAGE 556 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 11.AN UNDIVIDED 1/4 INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED SEPTEMBER 29, 1959 IN BOOK 320 AT PAGE 400 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 12.MAPS AND STATEMENTS OF THE ROBERTSON DITCH RECORDED JANUARY 2, 1884 IN BOOK 7 AT PAGE 115 AND FILED JUNE 30, 1888 AS RECEPTION NO. 7200. 13.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 09, 1979 IN BOOK 521 AT PAGE 468. 14.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98-80 RECORDED SEPTEMBER 09, Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABS63010807 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1998 IN BOOK 1087 AT PAGE 862. 15.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-067 RECORDED JUNE 08, 1999 IN BOOK 1133 AT PAGE 911. 16.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-068 RECORDED JUNE 08, 1999 IN BOOK 1133 AT PAGE 922. 17.TERMS, CONDITIONS AND PROVISIONS OF INSTRUMENT RECORDED SEPTEMBER 03, 1991 IN BOOK 812 AT PAGE 670, THE MEMORANDUM OF AGREEMENT RECORDED FEBRUARY 18, 1993 IN BOOK 855 AT PAGE 18, THE AGREEMENT RECORDED FEBRUARY 18, 1993 IN BOOK 855 AT PAGE 27, AMENDED AGREEMENT RECORDED JUNE 16, 1994 IN BOOK 905 AT PAGE 979 AND AMENDMENT TO AGREEMENT RECORDED JUNE 16, 1994 IN BOOK 905 AT PAGE 982.. 18.TERMS, CONDITIONS AND RESERVATIONS CONTAINED IN MINERAL DEED RECORDED MAY 15, 1964 IN BOOK 358 AT PAGE 63. 19.TERMS, CONDITIONS AND PROVISIONS OF PRE-INCLUSION AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 640 AS MODIFIED BY TERMINATION AND RESTATEMENT AGREEMENT RECORDED JUNE 12, 2015 AT RECEPTION NO. 863990. 20.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MARCH 18, 2003 IN BOOK 1447 AT PAGE 884, AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 09, 2004 IN BOOK 1646 AT PAGE 3, AND FIRST SUPPLEMENTAL RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 283, AND SECOND AMENDMENT RECORDED AUGUST 03, 2007, UNDER RECEPTION NO. 729973. 21.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JULY 19, 2006, IN BOOK 1822 AT PAGE 287. 22.TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 780. 23.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 17, 2002 AT RECEPTION NO. 612735. 24.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2004-20 RECORDED FEBRUARY 11, 2004 IN BOOK 1560 AT PAGE 431, AND CORRECTION RESOLUTION NO. 2004-26 RECORDED MARCH 2, 2004 IN BOOK 1565 AT PAGE 600. 25.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-35 RECORDED MARCH 22, 2006 Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABS63010807 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: IN BOOK 1782 AT PAGE 269. 26.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-34 RECORDED MARCH 22, 2006 IN BOOK 1782 AT PAGE 264. 27.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE 1 AMENDED RECORDED JUNE 16, 2004, UNDER RECEPTION NO. 654210. 28.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II RECORDED JULY 19, 2006, UNDER RECEPTION NO. 702420. 29.TERMS, CONDITIONS AND PROVISIONS OF SPECIAL WARRANTY DEED AND GRANT OF EASEMENT RECORDED MARCH 31, 2012 AT RECEPTION NO. 816242. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A)The Subject real property may be located in a special taxing district. B)A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C)The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A)The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B)No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D)The Company must receive payment of the appropriate premium. E)If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A)That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1.The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2.If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4.This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1.Rights or claims of parties in possession not shown by the Public Records. 2.Easements, or claims of easements, not shown by the Public Records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Authorized Officer or Agent Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 John E. Freyer, President PROPERTY AND MINERAL OWNERS WITHIN 200 FEET OF SUBJECT PARCEL PROPERTY OWNER MAILING ADDRESS PARCEL NO. ALVAREZ, BRIAN H & CRUZ, VALERIA G 537 FOX RUN COURT GLENWOOD SPRINGS CO 81601 239501327312 BERRY, JENNIFER P & CAROLE DEE 585 FOX RUN COURT GLENWOOD SPRINGS CO 81601 239501327314 BH HOLDINGS LLC 430 IRONBRIDGE DRIVE GLENWOOD SPRINGS CO 81601 Various BLUE HERON DEVELOPMENT COMPANY 430 IRONBRIDGE DRIVE GLENWOOD SPRINGS CO 81601 Various BLUE HERON PROPERTIES LLC 430 IRONBRIDGE DRIVE GLENWOOD SPRINGS CO 81601 Various BUCHANAN, BRENDA BETH 489 FOX RUN COURT GLENWOOD SPRINGS CO 81601 239501327310 CHAVARRIA SALAMANCA, EDGAR H & ESPRIELLA MORENO, MONICA DE LA 588 FOX RUN COURT GLENWOOD SPRINGS CO 81601 239501327300 COON, DAVID & BROOKE 561 FOX RUN COURT GLENWOOD SPRINGS CO 81601 239501327313 IRONBRIDGE PROPERTY OWNERS ASSOCIATION 1007 WESTBANK ROAD GLENWOOD SPRINGS CO 81601 239501429317 JOLGREN, LAURA G & JASON E 513 FOX RUN COURT GLENWOOD SPRINGS CO 81601 239501327311 KNUTSON, BRUCE C & MARY S 306 BLUE HERON VISTA GLENWOOD SPRINGS CO 81601 239501429286 LOGAN, LINDSAY 465 FOX RUN COURT GLENWOOD SPRINGS CO 81601 239501327309 NICOLAI, VIRGINIA ELIZABETH 372 FOX RUN COURT GLENWOOD SPRINGS CO 81601 239501327301 ROBISON, BROOKE RAYMOND 609 FOX RUN COURT GLENWOOD SPRINGS CO 81601 239501327315 ROSENFELD, DAVID JOHN & LINDSAY ANNE 279 BLUE HERON VISTA GLENWOOD SPRINGS CO 81601 239501329278 SALA, GRACE DE LA & HARRIES, JOEL ANDREW 633 FOX RUN COURT GLENWOOD SPRINGS CO 81601 239501327316 TAYLOR, JANIS ANN & RODRICK PAUL 612 FOX RUN COURT GLENWOOD SPRINGS CO 81601 239501327299 WALDRON, RYAN S & ALETHEA PO BOX 8265 WICHITA FALLS TX 76307 239501327298 MINERAL OWNER JAMES L. 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I'll' •Ll.Olrt'& rROU ~M!j[R 1 OC1Ut!<£00fl'NOLATtRTftANIDl(}'Cl.OCr~ VJC!NITY MAP SCA\.£11'-2000 I SHEET IND@ i i SHEET 1 PLAT -SIGNATURES I SHEET 2 PLAT NOTES I SHEET 3 PLAT -PHASING SHEET 4 LINES AND CURVES ~Z~~;. ~ ~;:!;. = g~~ ~~~~~~I 7 PLAT GOLF' COURSE SHEET 8 PLAT LOTS SHEET 9 PLAT -LOTS SHEET 10 PLAT -LOTS SHEET 11 PLAT -LOTS SHEET 12 PLAT LOTS "FRT!FICADQN Of Offii&UIQN AND OWN[RSHIP 2051019.00 0511 _J 0 l> tJ 0 +. "h ~ -}' 0 FINAL PLAT IRONB RID GE PLANNED UNI T DEVEL OPM ENT -PHA S E II FI LI NGS 1 2 & 3 A RESUEDIVISION OF PHASE I GOLF COURSE PARCEL e, PHASE u BLOCK 1 PHASE HI BLOCK 2, FUTURE DEVELOPMENT PHASE Il, PHASE n B!.OCK 3, PHASE r GOU' COURSE PARCEL 4, PHASE IV BLOCK 4, PHASE ! GOLF COURSE PHASE I COMMON AREA PARCEL CONTAINING 0.693 ACRES {ADJOINING LOTS 97 THRO!JGH 100) OF THE AMENDED AND RESTATED FINAL PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE 1 RECORDED CLERK AND RECORDER'S OFFICE A1' RECEPTION NO. 654210,, SITUATED IN GOVERNMENT LOTS 10, 11, 12, 15, 16, 17, 22, 23, 24, 28, 29 A.'i:D 30 OF SECTION 1, GOVERNMENT LOTS 2, 3, 8, 9, 12, 13, 15 TOWNSHIP '? SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO 4, CWNCR/M11..ICANf ~ UJ ilOS[ RANCH. LLC, ROAfflNO fORJ( t<\'£Sm£Nn u.C, A CO!.OiV\00 u1i1m:o U>JJl!JTY COJ.f'l'AllY,71.>0e'J€ASTMAIN5lR!iH.SUillilOO,PN!KfR,CQCi<A00801JS (JOJ~1-8072 r. THERE SHAH B< A 10 FOOT ID<SU.!£NT FOP UT1Jf1£$ A<l»ffi WE FRONT WT LINC'i or AH LOB ,<f)J()IH!Nr; !\'CADS \W!OSE RiGffl-lf-W.H IS 6/:) ffH \!\VC O'UPN/<; Wt> 250 /\NO 2M Th'ROUGH 2~ SHEET 2 OF 12 lloteFIDGE P.UD. KEYMAP f'l.tt091lf;)QOLF,.Aaa.S IAOt:MXlE P.U.D. KEYMAP '""' SHEET 1 PLAT -SIGNATURES SHEET 2 PLAT NOTES SHEET 3 PLAT -OVERALL SHEET 4 LINES AND CURVES SHEET PIAT GOLF COURSE SHEET 6 PLAT -GOLF COURSE SHEET 7 PLAT -GOLF COURSE SHEET 8 PLAT -LOTS SHEET 9 -LOTS SHEET 10 PLAT -LOTS SHEET 11 PLAT -LOTS SHEET 12 PLAT LOTS .. z 0 w 0 ::! < ~ ~ g ~o g!l! = Su "~ -~ w ~z ~d <~ zo i:;:u oz ll. ;;: ~::> -o (;: w ~ z < z 0 ~ 2051019.00 OSI! 2 3, GRAPHIC SCALE 'ko• • .iwJ-i -µ 0511 2051019.00 T {JHFEeT) l iMh-300 !t 3 FIHAL PLAT IRONBRIDGE PLAN NED UNIT DEVEL OP ME NT -PHASE II , FILIN GS l, 2 & 3 A RESUBDIVlSION or PHASE l GOU' CQ URSE PARCEL e. PHASE II BLOCK I PHASE UJ BLOCK 2, FUTURE DEVE'LOPllENT PHASE 11, PHASE II BLOCK 3. PHASE l GOlJ' COURSE: PARCEL 4, PHASE fV BLOCK 4. PHASE l GOLF COURSE PARCEL 3, PHASE I COl!"'ON AREA PARCl!:L CONTAJNING 0.693 ACRES {ADJOINING LOTS 91 THROUGH 100) OF THE AMENDED AND RESTATED FINAL PLAT OF IRONBRJDGE PLANNED UNIT DEVELOPMENT. PHASE l RECORDED JN THE GARFIELD COUNTY CLERK AND RECORDER'S OITlC£ AT RECEPTION NO 654210., SITUA1'ED IN GOVERNMENT LOTS 10, 11, 12. 15, 16, 17, a:a. 23. 24, 26. 29 AN'D 30 Of SECTION I. GOVERNMENT LOTS 2, 3, 8 , 9, 12, l3, 15 AND H! or SECTION 12 TOWNSHIP 1 SOUTH. RANGE eg WES1' OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF GARrlELD. STATE Of'' COLORADO SHEET 4 OF 12 ZOStOt&.00 OSI! • FINAL PLAT IR ONB RI DGE PLANNED UNI T DEVELOPME NT P H ASE U F ILINGS 2 & 3 A RESUBDIVISION OF PHASE [ GOLF COURSE PARCEL 6, PHASE II BLOCK 1 PHASE III BLOCK Z, FUTURE DEVELOPMENT PHASE rr. PHASE n BLOCK 3, PHASE I GOLF COURSE PARCEL 4, PHASE IV BLOCK 4, PHASE I GOLF COURSE PHASE I COMMON AREA PARCEL CONTAINING 0,893 ACRES (ADJOINING LOTS 97 THROUGH 100) OF THE AMENDED AND RESTATED FINAL PLAT OF IRQNflRIDGE PLANNED UNIT DEVELOPMENT, PHASE 1 RECORDED IN THE GARFlELD CLERK ANO RECORDER'S Of'F'ICE A'f RECEPTION NO. 654210., SITUA'I'ED IN GOVERNMENT LOTS 10, 11, 12, 15, 16. 17, 22, 23, 24, 28, 29 AND LOTS 2, 3, 8, 9, .12, 13, 15 ANO 16 OF SECTION TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SlX'l'H PRINCIPAL MERIDIAN, COUNTY OF' SHEET 5 OP' 12 3, GRAPHIC SCALE i-w• • ..i-u T 2051019.00 °'"' s FINAL PLAT IRONBRIDGE PLANNED UNI T DEV ELOPM ENT PHASE II FILINGS 1 2 & 3 GRAPHJC SCALE ~-~u T 2051019.00 051! 6 FINAL PLAT IRONBRIDGE PLA NN ED UNIT DEVELOPME NT-PHASE II, FILIN GS L 2 & 3 A RESUBDlVIS ION OF PHASE I GOLF COURSE PARCEL 6. PHASE ll BLOCK l PHASE 111 BLOCK 2, FUTURE DEVELOPMEN T PHASE 11, PHASE: ll BLOCK 3, PHASE I GOLF COURSE PARCEL 4, PHASE tv BLOCK 4, PHASE I COIF COURSE PARCEL 3, PHASE l COMMON AREA PARCEL CONTAINING 0.693 ACRF..S {ADJOINING LOTS 97 TH.ROUGH 100) Of 1'HE AMENDED AND RESTATED f1NAL PLAT Of IRONBRlDGE PLANNED UNIT DEVELOPMENT, PHAS E l RECORDED JN THE GARf'TELD COUNTY Cl.£.RK AND RECORDER'S OFF'ICE A1' RECEPTION ND . 654210., SITUATED IN GOVERNMENT LOTS 10, 11, 12, 15, 16, 17, 22. 23, :24, 28, 29 AND 30 or SECTION 1, GOVERNMENT LOTS 2. 3, a, 9, 12, 13, 15 AND 16 m· St:CTION 12 TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERI DIAN, COUNTY OF GARFIELD , SfATE or COLORADO SHEET 7 OF J2 GRAPHIC SCALE I -:,; '/ I •'; ;,'f .~"''/ ~I I i cn1r1St) ll11eh•IOO/I, i ~1 Ci Z i 205 1019.00 0011 7 FINAL PI.AT IRONB RIDG E PLAN NED UNIT DE VELOPMEN T -2_HASE_JL__FILIN GS 1. 2 & 3 A RE SUUOIVTSlON 01'' PHASE I GOLF COURSE PARCE L 6, PHASE rr BLOCK 1 PHASE m BLOCK 2, FUTURE DEVELOPMENT PHASE u. PHASE u BLOCK 3, PHASE l GOLF COURSE PARCEL 4, PHASR IV BLOCK 4, PHASE l GOLf<' COURSE PARCEL 3, PHASE I COllMON AREA PARCEL CON TAINING 0.693 ACRES (ADJOINING LOTS 97 THROUGH 100) OF THE AMENDED AND RESTATED FINAL PLAT OF IRONBRlDGI!: PLANNED ONJ1' DEVELOPMENT. PHASE I RECORDED IN TIIE GARFIELD COUNTY CLERK AND RECORDER'S OFF ICE AT RECEPTION rm. 654210., SITUATED Ilf GOVERNMENT LOTS 10, It, 12, 15, 16, 17, 22, 23. 24, 26, 29 AN D 30 or SECTION L GOVERNMEN T LOTS 2, 3, 8, 9, 12, 13, 15 AND 16 OF SECTION 12 TOIHISHJP "l SOUTH, RANCE 89 WEST OF THE SIXTH PRlliClP.U MERIDIAN , COlfNrY or GARf'lELD, STA.TE OF CO!,OIU.DO SHEET 8 OF tz GRAPJflC SCALE 127.50' FlUNC ~ COM~~~ ~~~A 5 ·~or/ ;1---------:-_:;25.0'J i LOT 71 I L ' ~ \------;;.;;;:J--.., HCti r ----' LOT G~ ~2,l'}.O SF.~ Q73llAC.:t '~"' ,- 1-~o_ro' I ~--.LJ-J i (lJI FE!T) linch • M tt }~~ ~.~~ 1 , '!§ 0.~ACl -~3;1~.;.*.~l .'-.....••~-~--··-·.:i -··-··-··-·· MATC H LINE SEE SHEET 9 ~1 I 2051019 .00 051 1 8 e; 70 b fbe-n-eoL .. 8 !ICffQ" ;;~------_/ ~f-r 1 1:., I :,: I I S. I I . I ,. , J. @ ~ § I r-• ; ~,·· ~~· m , , , ' ___ _ _ _ __, y-r- m • ----'""2•-... ---------·-------·----------'""'':_ ----· ii.·-·-·---• ~·---...., .. ,,----WAY ' ml -~, mf -·-"" ' ; ' '"« . ' l ' ~~~~ ~~~~ E tflO i ~ I '-i I I .I ,'~ II -., ' I '- •on.~; •:;' c-------:-T ; r-------f] J, L,_ ----- .----------L, ,.L -• I : -_, ' . ,. " h ' ' I ''o ; o~r I g ,$ A~t 3 I f;;\!t ;;-~ ! B H ~ ' -: \lYno -\ .... "I ~: _____ I __ : !.---- • ~ I -~~·~~~~ ®. I ~~§~~~s~ , ~ ;- I -:; .-I 1'11 ~ ~" • 'SI·~~, "' .. • --I ------..,_ I • " "' " '• §~ -•• ~· ~ . ~ ~ ~q -ii ~ h .. •• l ~ ~ N ' I FlNALPLAT S e GARFIELD COUNTY. COLORADO t ~ 0 ?ii IRONBRIOGE ~ i PW\NNED UNIT DEVELOPMENT 8 P PHASED ~ ~ ' ~ HIGH COUNTRY ENGINEERING, INC. w ·t ;; [;; 141NVEftN~~~~~rxi==•C08()f 1~ C'lE<O-!<l!t>JU~ •••• OR~;.~o;>r!~~~~~t-l'Jl;R ''" 1"01 DA1£ I Rli\15100 ~ C~J~~~lb~W 0"'7BV>KE AVON .. S>£ooo • .._..._...,...._COOOOOO ~o;,U2U06~j;J,j,l:'f""'~'·•~·~ PHON1!•70l~!.!..~~ "'1.1:001AT:'>Ll'> 1 uWotFi"t.J61~~~~ !"HH.L PL.\T IB ONBRIDGE PLANNED UN IT DEVEL OP MEN T-PHASE II, F ILIN GS 1 , 2 & 3 A RESUBl)IVISION OF' PHASE I GO LF' COURSE PARCEL 6, PHASE II BWCK I PHASE UJ BLOCK 2, ruTURE DEVELOPM ENT PHASE II. PHASE JI BLOCK 3, PHASE i GOLF COURSE PARCEL 4, PHASE IV BLOCK 1, PHASE I GOLF COURSE PARCEL 3, PHASE I CO YllON AREA PARC EL CONTAINING 0.693 ACRES (ADJOlNINC LOTS 97 THROUGH 100) OF THE AMENDED AND RESTATED rlNAL PLAT Of' IRONBRIDGE PLANNED UNIT DEVELOP MENT. PHASE 1 RECO RDED IN THE GARFIELD COUN'l"f CLERK ANO RECORDER'S OFFICE AT RECEPTION NO. 654210., SITUAT ED IN GOVERNMENT LOTS 10, 11 , 12, 15, 16, 1'1, 22, 23, 24, 28, 29 AND 30 OF SEC!'ION l , GO VE RNMENT LOTS 2. 3, 6 , 9, 12. 13, 15 AN D 1.6 Of' SECTION 12 TOW NSHIP '1 SOUTH , RANCE 89 WEST OF THE SIXTH PRINCIPAL JJERIDIAN , COUNTY or GARFIELD , STATE OF COLO RADO SHEET 10 OF 12 MATCH LI NE SEE SHEET 9 ·-··-··-··-··-··-··-··-~! LOT79 ; J3 ifl..IMGSJ-t~ LOT Sl \ ~i ii : &ikJo' -~ i 80Utl0ARY UM'. ~~'.::: ;t;· \ •\ GRAPHIC SCA LE : ~ ' '<:,, '...,_ '- "'\ ' \ ""' \ \c%. \ lfJ \; \ \ \ ·· ...... ··-··-··-··-·•-'• ......... MATCH LINE SEE SHEET 11 'i-.-• .JJ-J1 T J 111 PUT) , 11\Cll .. 11-0 f~ ~'"'L~~ I IAONBA!OGE p U.D KEYMAP I .l(LOO ~).C!J' r"'\,-"-..._-.r: iM.nf!oiC: / lOT'5 -,<~;~ ;m • .....:.:~~. -~---• T 0 ' Z I 205 t0t 0 .00 0 5 11 to I~ ! . PROJECT NO. 2081019.00 0511 PLAT NOTES 1.) AS A CONDITION PRECEDENT TO TI-IE ISSUANCE OF A BUIUDING PERMIT FOR ANY RESIDENTIAL HOUSING UNIT, AN IMPACT FEE OF $750.00 SHALL BE PAID BY TI-IE OWNER OF IBE LOT TI-IEREOF TO TI-IE GARFIELD CCUNTY BUILDING AND PLANNING DEPARTMENT FOR PUBLIC TRANSIT FACILITIES AND SERVICES TO BE PROVIDED BY TI-IE ROARING FORK TRANSIT AU TI-I ORI TY. 2.) ALL STRUCTURES LOCATED WITI-llN IBE IRONBRIDGE PUC SHALL HAVE ENGINEERED FOUNDATIONS. BASEMENTS SHALL BE ALLOWEC ONLY WHERE SAFE, AS DETERMINED BY A QUALIFIED GEOTECHNICAL ENGINEER. 3.) PRIOR TO ANY EXCAVATIONS, ALL UTILITY COMPANIES SHALL BE NOTIFIED FOR A FIELD LOCATION OF TI-IEIR RESPECTIVE UTILITY LINES AND FACILITIES. 4.) IBERE SHALL BE A MINIMUM 20' SETBACK FROM SINKHOLES FOR ALL STRUCTURES UNLESS MITIGATION MEASURES APPROVED BY A QUALIFIED GEOTECHNICAL ENGINEER ARE INSTITUTED. 5.) AT OR PRIOR TO TI-IE CLOSING OF EACH LOT WITI-llN TI-IE IRONBRIGE PUC, A WAIVER OF CLAIMS AGAINST GARFIEUD CCUNTY SHALL BE EXECUTED AND DELIVERED TO TI-IE GARFIEUD COUNTY BUIUDING AND PLANNING DEPARTMENT BY EACH PURCHASER/OWNER OF TI-IE PROPERTY FOR ANY ALL CLAIMS PERTAINING TO TI-IE FOLLOWING: A. FOUNDATION BREAKS RESULTING FROM COLLAPSIBLE UNDERLYING GEOLOGY AND HIGHLY PERMEABLE SOILS AND TI-IE EFFECTS OF IRRIGATING TI-IE GOLF COURSE AND LAWNS; B. BREAKAGE OF POND LINERS RESULTING FROM UNDERLYING HYDROCOMPACTIVE SOILS; C. POTENTIAL GROUND SUBSIDENCE IN TI-IE MAJORITY OF TI-IE ALLUVIAL FANS WHERE DEVELOPMENT IS PROPOSED RESULTING FROM SINK HOLES, GROUND FISSURING AND PIPING SOIL DISSOLUTION; AND D. GROUND SETTLEMENT AND SUBSIDENCE IN RESIDENTIAL AREAS SURROUNDING PONDS WITI-llN TI-IE ALLUVIAL FAN AREAS DUE TO SEVERE WETTING OF HYDROCOMPACTIVE SOILS FROM POND LEAKAGE. 6.) IBE ROBERTSON DITCH HAS A 40' WIDE EASEMENT, BEING 20' ON EACH SIDE OF TI-IE CENTERLINE OF SAID DITCH AS IDENTIFIED HEREON. 7.) ALL COSTS ANO EXPENSES INCURRED DURING TI-IE INSTALLATION, MAINTENANCE, REPAIR AND/OR REPLACEMENT OF IBE PUBLIC ROADS DEDICATED HEREIN SHALL BE BORNE BY TI-IE PROPERTY Olll<ERS ASSOCIATION AND NOT GARFIELD CCUNTY. B.) OWNER(S) SHALL BE RESPONSIBLE FOR IBE CLEANING AND MAINTENANCE OF YARD DRAINS LOCATED ON TI-IEIR LOT. 9.) ALL DRAINAGE STRUCTURES SHALL BE MAINTAINED BY IBE PROPERTY OWNERS ASSOCIATION IN ACCORDANCE WITI-1 TI-IE PROVISIONS OF TI-IE "REVISIONS OF FINAL DRAINAGE REPORT FOR IRONBRIDGE PUD PHASES 2, 3, AND 4 PREPARED BY HIGH CCUNTRY ENGINEERING, INC. DATED JULY 15, 2005, A COPY OF 111-ilCH SHALL BE MACE AVAILABLE FOR INSPECTION AT ALL TIMES BY TI-IE PROPERTY Olll<ERS ASSOCIATION. 10.) TI-IERE ARE POTENTIAL RISKS CCNCERNING SETTLEMENT FROM COLLAPSIBLE SOILS AND RISK OF SPONTANEOUS GROUND OPENINGS RELATED TO EVAPORATE KARST PHENOMENA 11.) HOUDAY AND CHRISTMAS LIGHTS SHALL BE ALLOWED FROM NOVEMBER 1 TI-IROUGH DECEMBER 31; PROVIDED HOWEVER, SAID LIGHTS MUST BE TURNED OFF NO LATER TI-IAN TEN O'CLOCK PM. 12.) DOGS KEPT ON TI-IE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WIUDLIFE. 13.) CONTROL OF NOXIOUS IS TI-IE RESPONSIBILITY OF IBE PROPERTY OWNERS. 14.) NO OPEN HEARTI-1 SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITI-llN IBE SUBDIVISION. ONE (1) NEW SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEQ., AND TI-IE REGULATIONS PROMULGATED TiiEREUNDER, WILL BE ALLOWED IN ANY DWEWNG UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 15.) ALL EXTERIOR LIGHTING WILL BE TI-IE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING WILL BE DIRECTED INWARD AND DOWNWARD, TOWARDS TI-IE INTERIOR OF TI-IE SUBDIVISION, EXCEPT TI-IAT PROVISIONS MAY BE MACE TO ALLOW FOR SAFETY LIGHTING TiiAT GOES BEYOND TI-IE PROPERTY BOUNDARIES. 16.) 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 TI-IE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITI-1 A STRONG RURAL CHARACTER AND A HEALTI-IY RANCHING SECTOR. TI-IOSE WITI-1 AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND CCUNTY POLICY PROVIDE TI-IAT RANCHING, FARMING AND OTI-IER AGRICULTURAL ACTIVITIES AND OPERATIONS WITiilN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE A NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITI-1 TI-IE LAW AND IN A NON-NEGLIGENT MANNER. TiiEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND TI-IE APPLICATION BY SPRAYING OR OTI-IERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OF Wl-ilCH MAY NATURALLY OCCUR AS PART OF A LEGAL AND NON-NEGLIGENT AGRICULTURAL OPERATIONS. 17.) ALL OWNERS OF LAND, WHETI-IER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITI-1 REGARD TO TI-IE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING \\EEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITI-1 ZONING, AND OTI-IER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT TiiESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS ANO CITIZENS OF TI-IE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY TI-IE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIEUD COUNTY. 18.) ALL PUBLIC UTILITY EASEMENTS EXIST AS BUILT AND IN PLACE SUFFICIENT FOR MAINTENANCE AND REPAIRS. SURVEYOR'S NOTES: 1.) BASIS OF BEARINGS FOR TI-llS SURVEY IS A BEARING OF S86'49'23"E ALONG TI-IE NORTI-IERL Y LINE OF TI-IE SUBJECT PROPERTY BETWEEN FOUND REBARS AND CAPS LS19598 AS SHOWN HEREON. 2.) DATE OF TI-llS SURVEY: MAY XX, 2016. 3.) TI-llS SURVEY IS BASED ON TI-IE FINAL PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II, FILINGS 1, 2 & 3 TiiEREOF RECORDED AS RECEPTION NO. 702420. 4.) TI-llS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE. 5.) TI-IE PURPOSE OF TI-llS AMENDED PLAT IS TO: VACATE TiiE SANITATION DISTRICT PARCEL AND CONVERT IT INTO PARCEL A FOR TI-IE PURPOSE OF DEVELOPING AFFORDING HOUSING ON TI-IE PARCEL 6.) ALL OTI-IER TERMS, CONDITIONS AND PROVISIONS AS SET FORTI-I WITiilN TI-IE FINAL PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II, FILINGS 1, 2 & 3 RECORDED AS RECEPTION NO. 702420 IN TI-IE GARFIEUD COUNTY CLERK AND RECORDERS OFFICE, SHALL REMAIN IN EFFECT AND IN PLACE. TITLE CERTIFICATE I, AN AGENT AUTI-IORIZED BY LAND TITLE COMPANY, DO HEREBY CERTIFY TiiAT I HAVE EXAMINED TI-IE TITLE TO ALL LANDS SHOWN UPON TI-llS PLAT AND TI-IAT TITLE TO SUCH LANDS IS VESTED ARE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN TI-llS PLAT), EXCEPT AS FOLLOWS: DATED TI-llS __ DAY OF ____________ A.O., 2016. TITLE COMPANY: LAND TITLE COMPANY AGENT NOllCE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE NIY LEGAL AC'llON BASED UPON ANY DEFECT IN THIS SURVEY WITI-IN THREE 'Y'EARS AFTER YOU FRST DISCOVER SUCH DEFECT. IN NO EVEtlT MA. Y NIY ACTION BASED UPat ANY DEPECT IN TIIS SURVEY BE COMMENCED MORE THAN 1EN 'l'EARS FROM lHE DATE OF CERlFICAllON SHOWN t£REON, ' AMENDED FINAL PLAT OF IRONBRIDGE PUD ,PHASE II, FILINGS 1, 2 & 3 RECEPTION NO. 702420 ·SANITATION DISTRICT PARCEL • ! ~ 36 2 SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO ' ~- ' ~-----°"'---- "' "' \ \ \ \ \ 5 o' WIDE ROCKY MOUNTAIN NATURAL GAS EASEMENT RECEPTION NO. 482124 40' WIDE ROBERTSON DITCH & IRRIGATION EASEMENT BOOK 7 AT PAGE 115 CERTIFICATE OF TAXES PAID I, TI-IE UNDERSIGNED, DO HEREBY CERTIFY TI-IAT TI-IE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON TI-llS PLAT ARE PAID FULL DATED TI-llS __ DAY OF --------A.O., 2016. B~-=-::=:::-::--::-::.,,,.,=-:-~,..,.,,,.,,,,=-----­ GARFIELD COUNTY TREASURER BASED UPON TI-IE REVIEW AND RECOMMENDATION OF GARFIEUD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, TI-IE BOARD OF COUNTY COMMISSIONERS OF GARFIEUD COUNTY, COLORADO, HEREBY APPROVES TI-llS AMENDED PLAT TI-llS DAY OF 2016, FOR FILING WITI-1 TI-IE CLERK AND RECORDER OF GARFIEUD CCUNTY AND FOR CONVEYANCE TO TI-IE COUNTY OF TI-IE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO TI-IE PROVISIONS TiiAT APPROVAL IN NO WAY OBLIGATES GARFIEUD CCUNTY FOR FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO TI-IE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY TI-IE BOARD OF COUNTY CCMMISSIONERS BY SUBSEQUENT RESOLUTION. B~~~~~~~~=-~~~~~~~=-- CHAIRMAN, BOARD OF CCUNTY COMMISSIONERS GARFIEUD CCUNTY, COLORADO WITNESS MY HAND AND TI-IE SEAL OF TiiE COUNTY OF GARFIELD. ATTEST: ______________ _ COUNTY CLERK DATED TI-llS __ DAY OF-------2016. B~-=-:=:=c,.-,,.,,,.,~,....,,,~~=--------GARFIELD COUNTY SUR\llEYOR CLERK AND RECORDER'S CERTIFICATE TI-llS PLAT WAS FILED FOR RECORD IN TI-IE OFFICE OF TI-IE CLERK ANO RECORDER OF GARFIEUD COUNTY AT __ o'CLOCK ON IBIS __ DAY OF ____ _ A.D. 2016, AND IS DULY RECCRDED AS RECEPTION NO. ________ _ CLERK AND RECORDER B~-----------------DEPUTY COMMON AREA r I I I I I I I I I I I LOT282 LOT283 / / / LOT281 , 2 7 12 I 11 W- VICINITY MAP SCALE: 1 • -2000' CERTIFICATE OF DEDICATION OWNERSHIP TI-IE UNDERSIGNED BLUE HERON DEVELOPMENT COMPANY, A COLORADO CORPORATION, BEING SOLE OWNER IN FEE SIMPLE OF ALL TI-IAT REAL PROPERTY SITUATED IN GARFIEUD COUNTY, DESCRIBED AS FOLLOWS: SANITATION DISTRICT PARCEL, ACCORDING TO TiiE FINAL PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II, FILINGS 1, 2 & 3 TiiEREOF RECORDED AS RECEPTION NO. 702420 IN TiiE GARFIELD COUNTY CLERK AND RECORDERS omcE, COUNTY OF GARFIEUD, STATE OF COLORADO. CONTAINING 0.459 ACRES, MORE OR LESS, HAVE CAUSED TiiE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT AND PLATTED AS SHOWN ON IBIS PLAT UNDER TI-IE NAME AND STYLE OF ]:jf:. AMENDED ElNAL PLAT OE SANITATION PISJRICT PARCEL OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II, FILINGS 1, 2 & 3, A SUBDIVISION IN TI-IE COUNTY OF GARFIELD. TiiE OWNER DOES HEREBY DEDICATE AND SET APART ALL OF TI-IE STREETS AND ROADS AS SHOii!< ON IBE ACCOMPANYING PLAT TO TI-IE USE OF TI-IE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO HOMEOWNER'S ASSOCIATION TI-IOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON TI-IE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR TI-IE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETI-IER WITI-1 TI-IE RIGHT TO TRIM INTERFERING TREES AND BRUSH, Willi PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY TI-IE SELLER OR PURCHASER, NOT BY TI-IE COUNTY OF GARFIELD. EXECUTED TiilS __ DAY OF --------A.O., 2016. OWNER: BWE HERON DEVELOPMENT COMPANY, A COLORADO CORPORATION 430 IRONBRIDGE DRIVE GLENWOOD SPRINGS, CO 81601 BY ITS MANAGER. BLUE HERON MANAGEMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY B~---------------------JAMES W. LIGHT, ITS MANAGER STATE OF COLORADO COUNTY OF GARFIELD TI-IE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME TiilS DAY OF 2016, BY BLUE DEVELOPMENT COMPANY, LLC BY ITS MANAGER, BLUE HERON MANAGEMENT, LLC, BY ITS MANAGER, JAMES W. LIGHT. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: __________ _ NOTARY PUBLIC: _______________ _ SURVEYOR'S CERTIFICATE I, RODNEY P. KISER, DO HEREBY CERTIFY TI-IAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER TI-IE LAWS OF TiiE STATE OF COLORADO, TI-IAT TI-llS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE AMENDED ElNAL PLAT OE SANITATION DISTRICT PARCEL OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II, FILINGS 1, 2 & 3, A SUBDIVISION AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, TI-IAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS TI-IE LOCATION AND DIMENSIONS OF TI-IE LOTS. EASEMENTS AND STREETS AS TI-IE SAME ARE STAKED UPON TI-IE GROUND IN COMPLIANCE WITI-1 APPLICABLE REGULATIONS GOVERNING TI-IE SUBDIVISION OF LAND. IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL TI-llS __ DAY OF ------2016. B~-=-~=-~~~~~~~~~------RODNEY P. KISER, PLS NO. 38215 HIGH CCUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 "' w z > z Qo" w 5~ 00 g -o Cl"' u. -j;j j::..J I oO N::;; z 0 Nz f"" Cl -0 .o Jct 0 ° i=J'i 0 " =>z 00 ill J • . ..Jw -...,. <CO Ol 0 Ul >-aJ z 0 Ui ~ D:'. ci z "' 0 :.:: ~ :i a. ~er: 0 ::!: ~ 0 (J) w !ii @ 1i i= 0 0:: Cl ~~ Oo 0:: ...J 0.. 0 z ll 0 . ffi ~ :r (J) w <t :J en ...J en w u l.J...m ~ctOE >0<9J ~~~5 ~~~ffi lll0 :Em ~ ·w:E o~:r::UI "'of-:< lll=>°'O woez z>-:i iiiWJ'IO :>"' <("' mO><:l o,u. 6"' _,w w ;i'Il><D wZ 0 :> I ~ to s -. -a. 9 ~ to 0 N ~ WO =1 -0 "- PROJECT NO. 2141026 I OF I 1111 H1~ .. ~~r~~~'Jf\T~wtM 1 U~(.l), l~~M1~'.~~/r\r1~ft't')i11'~1 11111 Receptiontt: 868310 09/22/2015 03!17:15 PM Jean Alberico 1 of 73 Rec Fee :$0 00 Doc Fee :0 .00 GARFIELD COUtJTY CO IRONBRIDGE SUBDIVISION IMPROVEMENTS AGREEMENT THIS IRONBRIDGE S,U.BDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into thisJ/" day of ~t~t.....c.....--, 2015, by and between BLUE HERON PROPERTIES, LLC ("Owner") ;the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield ("County"), State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). Recitals I. Owner is the owner and developer of the lronbridge Subdivision (the "Subdivision"), which property is depicted on the Final Plat oflronbridge Subdivision, Phase I!I, Filing I ("Final Plat"). The real prope1ty subject to this SIA is described in that Final Plat, recorded at Reception Number &tJJCJ 9 in the Clerk and Recorder's records of Garfield County, Colorado and incorporated bythis reference. 2. On December I 0, 2007, the BOCC, by Resolution No. 2008-42, recorded at Reception Number 746338 of the real estate records of Garfield County, Colorado and incorporated by this reference, approved a preliminary plan for the Subdivision which, among other things, would create sixty-one (61) single~family, and open space/common area parcels ("Preliminary Plan Approval"). 3. As a condition precedent to the approval of the Final Plat submitted to the BOCC as required by the laws of the State of Colorado and by the Garfield County Land Use and Development Code of 2013, as amended ("LUDC"), Owner wishes to enter into this SIA with the BOCC. 4. Owner has agreed to execute and deliver security in a fonn 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 pennits and certificates of occupancy within the subdivision as more fully set forth below. 5. Owner represents that at the time of recording this SIA, all taxes and assessments upon all parcels of real estate described in the Final Plat are paid in full. ·-.. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner ("Parties") agree as follows: Agreement l. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary Plan Approval, and the requirements of the LUDC and any other govemmental or quasi- governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time prescribed herein. 2. OWNER'S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Except as otherwise provided in this SIA with regard to the Affordable Housing Units (as hereinafter defined), Owner shall cause to be constructed and installed the subdivision improvements, identified in the Exhibits defined in subparagraph 2.a.i, below ("Subdivision Improvements") at Owner's expense, including payment of fees required by the County and/or other governmental and quasi-governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision Improvements shall be completed on or before the end of the first full year following execution of this SIA ("Completion Date"), in substantial compliance with the following: i. Plans marked "Approved for Construction" for all Subdivision Improvements prepared by High Country Engineering and submitted to the BOCC on S'""-¢· :z.. I , 2015, such plans being summarized in the list of drawings attached to and made a pmt of this SIA by reference as Exhibit A; and the estimate of cost of completion, 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 SIA by reference as Exhibit B, which estimate shall include an additional ten (I 0) percent of the total for contingencies (collectively the "Cost Estimate"); ii. All requirements of the Preliminary Plan Approval; iii. All Jaws, regulations, orders, resolutions and requirements of the County and all special districts and any other governmental entity or quasi- govemmental authority with jurisdiction; and iv. The provisions of this SIA and all other documentation required to be submitted along with the Final Plat under pertinent sections of the LUDC ("Final Plat Documents"). Notwithstanding anything to the contrary contained in this SIA, the timing requirements and criteria for substantial completion of the Affordable Housing Units shall be as set forth in paragraph 4 below. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that (l) if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; (2) the record drawings have been submitted upon completion of the Subdivision Improvements, as detailed in paragraph 3(h), below; and (3) all other requirements of this SIA have been met, then the Owner shall be deemed to have satisfied all tenns and conditions of the Preliminary Plan Approval, the Final Plat Documents and the LUDC, with respect to the installation of Subdivision Improvements. 2 3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT REVEGET ATION). a. Subdivision Improvements Security and Substitute Collateral. As security for Owner's obligation to complete the Subdivision Improvements Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat, a form of security deemed adequate by the BOCC and payable to the County, attached to and incorporated in this SIA by reference as Exhibit C ("Security"). The Security shall be in the amount equal to the Cost Estimate. The Security shall be valid for a minimum of six (6) months beyond the Completion Date (the "Expiration Date"). b. Security Requirements and Plat Recording. The Final Plat shall not be recorded until the Security has been received by the County and approved by the BOCC. c. Extension of Expiration Date. If the Completion Date is extended by a written amendment to this SIA, the time period for the validity of the Security shall be similarly extended by the Owner. For each individual extension that is in excess of six (6) months, at the sole option of the BOCC, the cost of completion of the remaining Subdivision Improvements shall be subject to re-certification by Owner's engineer and review by the BOCC. To the extent the cost of completion of the Subdivision Improvements, plus an additional ten percent ( 10%) of such cost for contingencies, differs from the face amount of the remaining Security, the amount of such Security shall be adjusted upwards or downwards, as appropriate. d. Unenforceable Security. Should the Security expire or become void or unenforceable for any reason prior to the BOCC's approval of Owner's engineer's certification of completion of the Subdivision Improvements or, with regard to the Affordable Housing Units, prior to the issuance of a certificate of occupancy for the last Affordable Housing Unit required per this SIA, including bankruptcy of the Owner or the financial institution issuing or confirming the Security, this SIA shall be voidable by action of the BOCC and, upon such action, this SIA shall be of no further force and effect and the Final Plat shall be vacated pursuant to the tenns of this SIA. e. Partial Releases of Security. Owner may request partial releases of the Security, and shall do so by means of submission to the BOCC ofa "Written Request for Partial Release of Security," in the fonn attached to and incorporated by this reference as Exhibit D, accompanied by the Owner's engineer's stamped certificate of partial completion of improvements. The Owner's engineer's seal shall certify that the Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the applicable provisions of the Preliminary Plan. The BOCC shall authorize successive releases of portions of the face amount of the Security as portions of the Subdivision Improvements are certified as complete in the manner set forth in this subparagraph 3.e and to the satisfaction of the BOCC. Notwithstanding anything to the contrary contained in this SIA, including, without limitation, the BOCC's rights of investigation established by this paragraph 3. 3 f. BOCC's Investigation. Not\vithstanding the foregoing, upon submission of the Owner's Written Request for Partial Release of Security, along with Owner's engineer's certificate of partial completion of improvements, the BOCC may review the certification and the Preliminary Plan, and may inspect and review the Subdivision !mprovements certified as complete to detennine whether or not they have been constructed in compliance with relevant specifications, as follows: i. If no letter of potential deficiency or detennination that applicable requirements of the Preliminary Plan have not been satisfied is furnished to Owner and the Escrow Holder by the BOCC within fifteen (15) calendar days of submission of Owner's Written Request for Partial (or Full) Release of Security, accompanied by Owner's engineer's certificate of partial completion of improvements, all Subdivision Improvements ce1tified as complete shall be deemed approved by the BOCC, and within three (3) business days of such improvements being deemed complete, the security shall be released to the Owner in the amount provided in the Written Request for Partial (or Full) Release of Security. ii. If the BOCC chooses to inspect and determines that all or a portion of the Subdivision Improvements ce1tified as complete are not in compliance with the relevant specifications or that applicable requirements of the Preliminary Plan have not been met, the BOCC shall furnish a letter of potential deficiency to the Owner, within fifteen (15) calendar days of submission of Owner's Written Request for Partial Release of Security. 111. If a letter of potential deficiency is issued identifying a portion of the certified Subdivision Improvements as potentially deficient and there are no outstanding requirements of the Preliminary Plan that are applicable to the subject improvements, then all Subdivision !rnprovements not identified as potentially deficient shall be deemed approved by the BOCC, and the BOCC shall authorize in writing release of the amount of Security related to the Subdivision Improvements certified as complete and not identified as potentially deficient. iv. With respect to Subdivision Improvements identified as potentially deficient in a letter of potential deficiency or as not meeting all applicable requirements of the Preliminary Plan, the BOCC shall have fifteen (15) calendar days from the date of the letter to complete the initial investigation, begun under subparagraph 3.f.ii. above, and provide written confinnation of the deficiency(ies) to the Owner. v. If the BOCC finds that the Subdivision Improvements are complete and in compliance with the relevant specifications and that all applicable requirements of the Preliminary Plan have been met, the BOCC shall notify the Owner and the Escrow Holder in writing and the security shall be released to the Owner in the amount provided in the Written Request for Partial (or Full) Release of Security. within three (3) business days after completion of such investigation. 4 1111 w,1r_.uit1t:\~fJIM!'' mel'~t-~'1a;J~1 )~P~J~.·rl1K1,1/, 11111 Recepti o nU: 868310 09/22/2015 03 :17 :15 PM Jean Alberico 5 or 73 Rec Fee :$0 .00 Doc Fee:0 .00 GARFIE LD COUNTY CO g. BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the fifteen (15) day period of time defined in subparagraph 3.f.iv. above, that the Subdivision Improvements are not complete, or if the BOCC determines that the Owner will not or cannot construct any or all of the Subdivision Improvements (whether or not Owner has submitted a written request for release of Security), or that applicable requirements of the Preliminary Plan will not or cannot be met, the BOCC may withdraw and employ from the Security such funds as may be necessary to construct the Subdivis ion Improvements in accordance with the specifications or to satisfy the Preliminary Plan requirements applicable to the Subdivision, up to the remaining face amount of the Security. In such event, the BOCC shall make a written finding regarding Owner's failure to comply with this SIA or applicable requirements of the Preliminary Plan prior to requesting payment from the Security, in accordance with the provisions of Section 13-106 of the LUDC. In lieu of or in addition to drawing on the Security, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA regarding the Subdivision Improvements and satisfaction of requirements of the Preliminary Plan applicable to this Subdivision. h. Final Release of Security. Upon completion of all Subdivision Improvements and requirements of the Preliminary Plan applicable to the Subdivision, Owner shall submit to the BOCC, through the Community Development Department: I) record drawings bearing the stamp of Owner's engineer certifying that all Subdivision Improvements, including off-site improvements within the jurisdiction of the County, have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and applicable requirements of the Preliminary Plan, in hard copy and digital format acceptable to the BOCC; 2) copies of instruments conveying real prope1ty and other interests which Owner is obligated to convey to the property owners association of the Subdivision (the "POA'') or any statutory special district or other entity; and 3) a Written Request for Final Release of Security, in the fonn attached to and incorporated herein as Exhibit E, along with Owner's engineer's stamp and certificate of final completion of the Subdivision Improvements. Upon receipt of the foregoing , the BOCC shall take the following action: 1. The BOCC shall authorize a final release of the Security after the Subdivision Improvements are certified as final to the BOCC by the Owner's engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, and that all requirements of the Preliminary Plan applicable to the Subdivision have been satisfied, the BOCC shall release the final amount of the Security within ten (I 0) business days following submission of the Owner's Written Request for Final Release of Security accompanied by the other documents required by th is paragraph 3.h. ii. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of Security, accompanied by Owner's engineer's certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 3.f. above, shall be followed. If, following such 5 1111 wi~ .. ~:~v l1Jo~~H~11t',,~ 1 ~'T:w1ir1.r,) ,v,1 n ~~17. 111~ 11111 Rccepl>onll: 8GB310 09/22/2015 03 :17 :15 PM Je~n Alber i co 6 Pl 73 R ~c FN>:SO 00 Doc Fee :0 .00 GARFIELD COUNTY CO inspection, the BOCC finds that the SL1bdivision Improvements are complete, in accordance with the relevant specifications, and that all requirements of the Preliminary Plan applicable to the Subdivision have been satisfied, the BOCC shall release the final amount of the Security within ten (I 0) days after completion of such investigation. 111. If, following the inspection contained in paragraph 3.f, the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, and/or that requirements of the Preliminary Plan applicable to the Subdivision have not been satisfied, the BOCC may complete the remaining Subdivision Improvements and satisfy the applicable requirements of the Preliminary Plan, or institute court action in accordance with the process outlined in paragraph 3.g. above; provided, however, that such action may only be taken by the BOCC if the BOCC determines in its reasonable discretion that the subject Subdivision Improvements will not or cannot be satisfactorily completed on or before the Completion Date and, provided farther, that the BOCC shall provide Owner a reasonable opportunity to cure (as provided in paragraph 12 below) any identified deficiency(ies) or violations prior to initiating any of the self-help remedies described herein, including, without limitation, commencing work on the Subdivision Improvements, requesting payment from the Security, initiating the forfeiture proceedings set forth in Section 13-106 of the LUDC, or filing a civil action. 4. SECURITY FOR REVEGETATION. a. Revegetation Account and Substitute Collateral. $30,000 of the face amount of the Security , specified in Paragraph 3a above, shall be allocated to revegetation of disturbed areas within the Subdivision, the cost for which is detailed as a subdivision improvement in Exhibit B. Revegetation of disturbed areas in the Subdivision, the costs for which is detailed as a subdivision improvement in Exhibit B, shall be secured by Ironbridge Phase III, Filing I Revegetation Treasurer's Account Agreement between the Owner, the BOCC and the Garfield County Treasurer, ("Revegetation Account Agreement"). The Revegetation Account Agreement shall be valid for a minimum of two (2) years following recording of the Final Plat. b. Revegetation Account General Provisions. The provisions of paragraphs 3.b., 3.c. and 3.d ., above, dealing with Bond requirements, extension of expiration dates, increase in face amounts, plat recording and plat vacating shall apply to the Revegetation Account. c. Revegetation Review and Notice of Deficiency. Upon establishment of revegetation, the Owner shall request review of the revegetation work by the Garfield County Vegetation Management Department, by telephone or in writing. Such review shall be for the purpose of verification of 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, as amended, and the revegetation/reclamation plan 6 1111 HJr ... ·l: 11".1~ ~~1t~111 Ni~~ :·~i. 1~1.H ~~r.l'•T~~·, i·.·~. 11111 ReceptionU: 868310 . 09122/2015 03 :17 :15 PM Jean Alberico 7 of 73 Rec Fee :$0.00 Doc Fee:D .00 GARFIELD COUNTY CO titled ______ and dated ________ for the Subdivision submitted as part of the Final Plat Documents. If the Vegetation Management Department refuses approval and provides written notice of deficiency(ics), the Owner shall cure such deficiency(ies) by further revegetation efforts, approved by the Vegetation Management Department, as such efforts may be instituted within the two (2) years following recording of the Final Plat. d . Single Request for Release of Revegetation Account. Following receipt of written approval of the Vegetation Management Department, the Owner may request release of the Revegetation Account Agreement and shall do so by means of submission to the BOCC, through the Building and Planning Department, of a Written Request for Release of Revegetation Account Agreement, along with certification of completion by the Owner, or Owner's agent with knowledge, and a copy of the written approval of the Vegetation Management Department. It is specifically understood by the parties that the Revegetation Account is not subject to successive partial releases, as authorized in paragraph 3.e., above. Further, the Revegetation Account and the BOCC's associated rights to withdraw funds and bring a court action may survive final release of the Account securing other Subdivision Improvements, defined in paragraph 3.a., above. e. BOCC's Completion of Revegetation and Other Remedies. If Owner's revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of the BOCC upon the recommendation of the Vegetation Management Department, or if the BOCC detennines that the Owner will not or cannot complete revegetation, the BOCC, in its discretion, may withdraw and employ from the Revegetation Account such funds as may be necessary to carry out the revegetation work, up to the face amount of the Revegetation Account. In lieu of or in addition to drawing on the Revegetation Account, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA related to revegetation. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency prior to requesting payment from the Revegetation Account or filing a civil action. 5. AFFORDABLE HOUSING. In accordance with the requirements of Article 8 of the LUDC and the Planned Unit Development ("PUD") approval, Owner has agreed to provide six (6) deed-restricted affordable for-sale housing ("Affordable Housing Units") either within the Subdivision or offsite as part of the Project as specifically provided in the affordable housing agreement (the "Affordable Housing Agreement"). As provided in the Affordable Housing Agreement, Owner shall not be required to construct any individual Affordable Housing Unit(s) until a buyer for such Affordable Housing Unit has been qualified by the Garfield County Housing Authority ("GCHA") in accordance with the Affordable Housing Agreement. Pursuant to the Affordable Housing Agreement, if Owner defers construction of the Affordable Housing Units, upon Owner's receipt of notice from GCHA that a buyer has been qualified to purchase an Affordable Housing Unit (the "Purchase Notice"), Owner shall promptly commence construction of an Affordable Housing Unit and shall deliver a completed Affordable Housing Unit to the qualified buyer on or before one-hundred and twenty (120) days from Owner's receipt of the Purchase Notice; provided, however, that if Owner receives a Purchase Notice on or between October 15th and April I st of any year, Owner shall be required to deliver a completed Affordable Housing Unit to the purchaser on or before the next-occurring August 1. As provided 7 1111 ~.1~_,P'L~.~,.:u~t~(~1l.ll ~'~~~ l1~·1 :1ur, ~~~~N 1F.~M 11111 Receptiontt: 868310 09/22/2015 03 :17 :15 PM Jean Alberico B of 73 Rec Fe~:$0 .00 Ooc Fee :0 .00 GARFIELD COUNTY CO 'in subparagraph 3.e above, upon the issuance of a certificate of occupancy for any Affordable Housing Unit required to be constructed on a lot identified on the Final Plat, the County shall, within ten ( 10) business days of receipt of Owner's Written Request for Partial Release of Security, release the Security attributable to such Affordable Housing Unit, including the ten percent (10%) contingency amount attributable thereto. In the event Owner completes construction of, and receives certificates of occupancy for, all of the market rate units within the Final Plat prior to completion of construction of the Affordable Housing Units required to be constructed as part of such Final Plat, the BOCC may, but shal 1 not be required to, withdraw and employ from the Security such funds as may be necessary to construct the Affordable Units in accordance with the requirements of this SIA and the Affordable Housing Agreement, up to the remaining face amount of the Security. 6. WATER SUPPLY AND WASTEWATER COLLECTION. As stated in paragraph I 5, below, prior to issuance by the BOCC of any ce1tificates of occupancy for any residences or other habitable structures constructed within the Subdivision, Owner shall install, connect and make operable a water supply and distribution system for potable water, non-potable irrigation water and a wastewater/sewer collection system in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution system(s) and wastewater collection system shall be as shown on the Final Plat. Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water and wastewater system(s), for recordation following recording of the Final Plat and this SIA. All facilities and equipment contained within the water supply and wastewater collection system(s) shall be transfen-ed by Owner to the Special District(s) by bill of sale. If a third party water or sewer service entity requires warranty of the system(s), Owner shall provide proof to the BOCC that such warranty is in effect and, if necessary, has been assigned. 7. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner to the public as public rights-of-way and shall be accepted by the BOCC, on behalf of the pub! ic, on the face of the Final Plat. The POA shall be solely responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled surface of the roadways and portions ofthe rights-of-way outside of the traveled surface. The BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision. 8. 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 to the public utilities 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 the records of the Garfield County Clerk and Recorder, as amended . The POA shall be solely responsible for the maintenance , repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements dedicated on the face of the Final Plat by separate document, Owner shall execute and record the required conveyance documents. 8 1111 w11r_,~11 ~t~\·,\•nkrr11~ ~V~lr1\~r~tf 1 ~ 1~ ~'11 •r~':ri *11')1 11111 Reception~: 868310 Q9/2212015 03:17:15 PM Jean Alberico 9 or 73 Rec Fee:$0.00 Doc Fee :0.00 GARFIELD COUNTY CO 9. CONVEYANCE OF OPEN SPACE. The common open space parcel(s) identified on the Final Plat shall be conveyed by Owner to the POA at the time of Final Plat Approval or as agreed to between the owner and the POA. Owner shall deposit with the Garfield County Clerk and Recorder executed original(s) of the instrument(s) of conveyance for recordation following record ing of the F inal Plat and this SIA. If not conveyed at the time of recording of the Final Pl a t, Owner shall execute and deliver into escrow document(s) conveying the common open space parcel(s), easement(s), greenbelt(s), park(s), shown on the Final Plat to the POA. The documents shall be deposited pursuant to the escrow agreement, to be executed by the Owner, the BOCC and escrow agent ("Escrow Agreement"). Owner s hall deliver to the BOCC a copy of the fully executed and recorded Escrow Agreement within a reasonable time following execution of this SIA . The special instructions of the Escrow Agreement shall provide: i. the Escrow Agent shall hold the conveyance documents until the earlier of: a) receipt of a written notice signed only by Owner notifying escrow agent that the work required of the Owner in this SIA has been completed and approved as complete by the BOCC; orb) receipt of a written notice signed only by the BOCC stating that Owner has failed to comply with the terms and conditions of this SIA; or c) the Completion Date for Subdivision Improvements, specified in paragraph 2, above, or as extended in accordance with paragraph 2 of this SIA; and ii. upon the first to occur of the foregoing events, the escrow agent shall cause the conveyance documents to be recorded in the records of the Garfield County Clerk and Recorder. I 0. INDEMNITY. The Owner shall indemnify and hold the BOCC hannless 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 SIA. 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 fi'om claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of governmental immunity granted to the BOCC by Colorado stat utes and case law. I 1. ROAD IMPACT FEE. Owner has completed as part of Phase I and II of the PUD off~site traffic improvements based on full build out including this Phase III which fully offset and exceed any Road Impact Fees which would otherwise be applicable pursuant to the LUDC. Total completed improvements are $1.9 million, attached as Exhibit G is an engineer's verification . Attached as ExhibitH are worksheets showing Phase III and full development road impact fees, demonstrating that offsite improvements fully offset all fees. 9 1111w11r_,if1~Jlt.~HU~1~1r l"IT~l1.i.'M~·:11~~1rr.r.~~U.1~ WN~ 11111 Reception»: 868310 09/22/2015 03:17:15 PM Jean Alberico 10 of 73 Rec Fee·$0.0~ Doc Fee:0.00 GARFIELD COUNTY CO 12. BREACH OR DEFAULT OF OWNER. A "breach" or "default" by Owner under this SIA shall be defined as Owner's failure to fulfill or perform any material obligation of Owner contained in this SIA. In the event ofa breach or default by Owner under this SlA, the County shall deliver written notice to Owner of such default, at the address specified in paragraph 21 below, and Owner shall have sixty (60) days from and after receipt of such notice to cure such default. If such default is not of a type that can be cured within such 60-day period and Owner gives written notice to the County within such 60-day period that it is actively and diligently pursuing such cure, Owner shall have a reasonable period of time given the nature of the default following the end of such 60-day period to cure such default, provided that Owner is at all times within such additional time period actively and diligently pursuing such cure. 13. BREACH OR DEFAULT OF COUNTY. A "breach" or "default" by the County under this SIA shall be defined as the County's failure to fulfill or perform any material obligation of the County contained in this SIA. In the event of a breach or default by the County under this SIA, Owner shall have the right to pursue any administrative, legal, or equitable remedy to which it may by entitled. 14. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the Roaring Fork School District RE-I, calculated in accordance with the LUDC and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows for the RE-I School District: Unimproved per acre market value of land, based upon an appraisal submitted to the BOCC by Owner, i.e. $52,551.00; and Land dedication standard: 35 single-family dwelling units x 0.020 acres, equals 0.7 acres. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, thirty-six thousand seven hundred eighty five dollars and seventy cents (36,785. 70) as a payment in lieu of dedication of land to the Roaring Fork 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 LUDC. The Owner agrees that it is obligated to pay the above-stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat, a reimbursement of the fee in lieu of land dedication to the Roaring Fork School District. 15. FIRE IMPACT FEE. The' Fire Impact Fee is $730.00 per unit. The Owner, therefore, shall pay to the Carbondale Fire Protection District, at or prior to the time of recording of the Final Plat, twenty-five thousand five hundred fifty dollars ($25,550.00). 16. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 10 1111 ~,1r.1m'1i: r~r·,,·.~1i1'.l·?~M~ 1.1.r'~ ,,,~ ~~·l~\~W.·,•t, 11111 Receptjontt: 868310 09/22/2015 03:17:15 PM Jean Alberico 11 of 73 Reo Fee:$~.OO Doc Fee:0.00 GARFIELD COUNTY CO 17. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Carbondale Rural Fire Protection District ("District"), if the Fire District has so required, that there is adequate water available to the construction site for the District's purposes and all applicable District fees have been paid to the District. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements have been completed and are operational as required by this SIA. If applicable, Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a fonn in substantially the same fonn as that attached to and incorporated herein by reference as Exhibit F, concerning the restrictions upon issuance of building permits and ce1tificates ofoccupancy detailed in this SIA. 18. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, 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 plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. 19. ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 16, above, the provisions for release of Security, detailed in paragraph 3, above, and the provisions for plat vacation, detailed in paragraph 17, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused Security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. 20. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 21. 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. 22. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the O\'mer and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in 11 writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner: w/copy to: BOCC: Blue Heron Properties, LLC Attn: James W. Light or John Young 430 lronbridge Drive Glenwood Springs, CO 8160 J Phone: 970-384-0630 Fax: 970-384-0634 Karl J. Hanlon Karp Neu Hanlon, PC P.O. Box 2030 Glenwood Springs, CO 81602 Phone: 970-945-2261 Fax: 970-945-7336 Garfield County Board of County Commissioners Attn: Community Development Director 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 23. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing signed by the Parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date, substitution of the fonn of security, or approval of a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. Before any extension of Completion Date is considered, Owner shall certify that all taxes and assessments on the real property subject to the SIA are paid in full. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the Parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 21, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 24. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 12 1111 W11 ~ .. rr~'Kr11 ~'~ ,1,,,~~~111..rt. r1'lJ~; ~''l''~~,1~·,1~. 11111 Receptiontt; 868310 09/22/2015 03 :17 :15 PM Jean Rlberico 13 or 73 Rec Fee:$0 .00 Doc Fee :O.DO GRRF!ELD COUNTY CO 25. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. TN WITNESS WHEREOF, the Pa1iies have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. ATTEST: .LJvt..rY)~ Jerk to the Board ST A TE OF COLORADO ) )ss. COUNTY OF GARFJELD ) BOARD 0Ff.:>t1 'Y COMMISSIONERS OF GARF! ·LD CO V TY, COLORADO By its Manager, CLM Blue Heron, LLC, a Colorado limited liability company The foregoing instrument was acknowledged before me this I ~ay of -=....:::::.i::_!...=..:.--'--"~"-= 2015, by Blue Heron Properties, LLC by its Manager, CLM Blue Heron, LLC, 1) James W. Light. WITNESS my hand and official seal. My commission expires: . ...., / 9-t/. {;2 .. D lq 13 ANGELIQUE PETTERSON NOTARY PUBLIC STATE OF COlORA.r"JO NOTARY ID 20114003802 MY COMMISSION EXPIRES JAN . 24. 2019 Exhibit List Exhibit A-Subdivision Improvement Plans~ "Approved for Construction" Exhibit B -Engineer's Estimate of Cost of Improvements Exhibit C -Security-Escrow Agreement Exhibit D -Written Request for Partial Release of Security Form Exhibit E -Written Request for Final Release of Securi~y Form Exhibit F -Notice to lot owner regarding SIA completion Exhibit G -Engineer's verification of completed improvements Exhibit H -Road Impact Fee Calculation Worksheet 14 -~ :ii -~ ::...._ ==------= ·-· ~ ---~ ~ =-- 0 (.) >-.... z :::i 0 (.) 0 _J ~ u. "' gg ·-G <-0 . ' .CIO cr ~ ~ ~u. ~ •o ~ ....,.g ~CS>E:O -__ a.o ;;;;;; ...,inci ..;;;:::CO..-~ -(Q •.•• ~ea~~ ~ .. .;;"- ~~og ~o~et: _:.:.i~~ -c.-..:; 11JN-_ 0N O = 111(i;LO .n:o~ SHEET INDEX ~ ~ CS1.---COVER SHEET CS2.--NOTES SHEET Bt!Ab.fiAI FPL.All.-RNA!.. PLAT SHEET 1 FPLAT2.-ANAi.. PL.AT SHEET 2 FPL-AT3.-ANAi... PL.AT S HEET 3 FPLAT4.-RNAl.. PLAT SHEET 4 FPLATS.-RNA!.. PLAT S HEET 5 FPL.ATS.:-FiNAL PLAT SHEET 6 ANAL PL.ANS FOR PHASE m -FILING 1 T'~B~'~;ior1m~n11n1 ~:mi El> ~f•ri m) ~=i=aY/~~ ~==i=~~...1"!!!5!.I = ~ y ~~~ GA.~Ji&D COU'N¥Y,, COE.OR.ADO A ~Oll Cf JUJ1JJ% b!.\'EWl'llDT l'D.l:J: 111. GT ml .Aml.'Dl:ll .Um ~ J1KlI. PL&.T CT lid.If BJm)CE ~ 1'Jff MTELCl:Nllft', Pl!.LS!: 1 RrOJP'lln llf n:a l:!1milJl C:CICNTT CUJDt A>m JtECOE;I;D(.s crncz "'r ll!CD>'Jlm' Ka. •~:i c. ISIT'a4to 1111 ""1!R).")i!2;'? J.Dr.i l O, u. l2. t l. lE, 17. z:z. 2:'ll "1-'1:1 u. OP ncrm 1. 10n.1iimf' T SCVill .iw..-ci: 110 UST er nm: mnr nrsc::tl'J.t. Mmr.ltA..'f. aitarn' or~ ~ CT ::otahM SANITARY SEWER PPSS1. -SANITARY SEWER PLAN e..'\d PROFILE PPSS2.--SANITARY SEWER PLAN e..-.d PROFILE PPSS3.-SANITARY SEWER PLAN a.'d PROFILE STORM SEWER [ E~t] ~-DIN£ ~~~~~0:.,~hn,OL PPSDI.. STORM SEWE>l f'LAN ond PROFILE PPSD2.-STORM SEWE>l PLAN ond PROFll...E PPSD3.-STORM SEVVE!'l PLAN and PAOFII..E PPSD.4--STORM SE'M:A PLAN and PROFII..E PPSDS.--STORM SEWE11 Pl.AN and PROFILE PPSC>a--STORM SEWER PL.AN and PROFILE OA'L---ORAD!NQ EROSION CONTROL OR2.--ORADINQ EROSION CONTROL Ofl3--QRAD!NQ EROSION CONIBOL ~WAY ROAD PLAN ond PAOAL.E PPRD2.-SLUE HERON DRIVE l'l..AN ond PAORLE PPR:J3.-RNER SEND WAY ROAD PLAN ond PRORl..E PPPD4.-RJVER EJENO WAY ROAD l'l..AN and PRORl..E f'PPDS.-RIVER eEND WAY ROAD Pl..AN ond PROFILE PPRD<!.-LONOSHAOoW LANE PLAN .,,o PROAL.E PPRD7.-RED Ell...UFF CIRCLE PL.AN ono PRORl..E ~ MOO.--OVERAILL MASTER VTILfTY PLAN MIJl---MASTER lJTUTY PLAN MU2.--MASTER un..ITY PLAN MU:l.--MA!<TER lJTUTY PL.AN VIC~.JMP AGENcy CONTACT UST ..... ~~~LU: QDl---.:1,C:OSI"°" •Tl"t..llt\.ICl'IT 101;1) »&-GlO O...._ DI~ &t<I SVM'rUI ~C""-"ftYDICr4tDtN'-t4C:. !)11~("-'>0UC.S"lt.HH u.:~.r.:1201~50! 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TS PPSSO-AS-BULT OVERALL SANfTARY 6-CWER PLAN+ PROALE PPSS7--AS-BULT Rl\IER BB'«) WAY SANfTARY SEWER PLAN+ PROFl...E PF'SSS--AS-BULT fWBl BEJ\'O WAY SANITARY SEWER PLAN+ PAOALE ~.,.~••Jw:e....,.;:1tOS •.i;a -._iu .. ,..~ '°""'"""''r.1'YHUJl'o9q~U'POo aiTr.lllCli Clo\T!: ~~~J"CJl~PJ.Jb.PIUC•'llCJl'l:rlft>All:'l) ~~~~e:i:~.,~;~~1,;~lllfll !)<[ ST4•~'1i .. •ll1'>€'1i~Wr."""'0C£~'1t~tlt1['91& 17~oe»nT.~Ul'IUTY !:l'~D !.~'ltC ~ll l'tlf"I: .,'1Dt "''«> S-tll;f~Y IK'TlttT IMLS ...0 ~U"X:&lt.." -i;l;f!'""-~.PL ~llllQ.'9711.: 1'131'._,CWf0.4!.l'tl'IC:ll~~llC:. @ ~"" <'"""'"" "'"""' 1-80().922-1987 ~~~ ~ ... :::f.d-::: .. OWNER: BLUE HERON PROPERTIES, l.l..C 430 IRONBRIDGE: DRrvE GlENwtl003PRJNCS, CO 81601 TE1...E:(970)~~ • ENGINEER: HIGH COUNTRY ENGINEERING. INC. CONSU1.T1NG ENG(NEER!I ANO SURVEYOR:! ISl7BlAKEAViENUE.:rrE 101 C1.DIWOOCSPRtNG:!,C:OD160I PH: (S70) 945-e57CI n:mo>o~ """"'-""' ~-~~::t~I~ ~rootlll:S.SJll:'l['fES.&11£...-DI •q,u ·1~• .... ~flotl:~a:ita01'1.1~ l,.& ........ 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Lt --. -· _,.. llll PIJf.Jlli''ll'.l',''j'1~ ~·'ft~ ~Ill~· ~~.·C~\\Jf.~~V~Ml.1·~. II Ill Receptiorili : 868310 09/22/2015 03 :17:1 5 PM Jean Alberico 46 or 73 R~c Feo:50 .00 Doc Fee:0 .00 GARFIELD COUNTY CO i i i i i f. ! I ; 111 •• 111 : ~, 1· m ·· 1 111 11 'r · 1 : 111 • 11 , Ill ''' I I . 'I JI ' 111" .'!.·. I l~ · 1 II 11 111 II" Ill . I .....; L-ll -TI I.' d I" ,A~ ' . II . Ill 11:.·111 Ii ' I • l :11 I &;!:ill . I I 111 !UIL 1111 • ,11 : 1' • 1 · ·II 1111 .:-!I , 111 11 11 m;. Ill: •• 1\1 • I I L Jl Ill ~ I : I !R, ~. L Jl Ill 1111 ' .. 11 11 II I !I Ill ' 11 , IK 11 11 •ii 111 A~..._m~t~~J ~Tu~tt-~--]~]~ID - 1a !ii 11 o tt IO ....: E' 1 ml" I 1 I• ' 'II H ' Ill II II :J,o II .,.!).'Lili! I 11 II II II 1 111 I 1 ~::i:11~.1H::111R11° 11 J _J!L llll 111 Ill ! I \. ~ ~ "' l!I "Ill .ii ., I I I ' :· i'i liII : 'Ii 'I -ii J 1.! I' :11 p?i!lT cc ,f. 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II ,, I Ii II Ill 1111 • 4 f; !II I I I II Ill II.·: II 11 . II Ill ~.I I II :!I II, 'I II Ill .. II : II I ' I. 11 1'1 ;m - ~; ~ i~ i ~~ ! i~ 1111 Wi1r_.r»~~ll1 H~111IW~1r"m ~1~~,ll rA~1:1~riJrWl!i i 111/1 11111 Reception": 858310 09/22/2015 03:17:15 PM Jean Rlberico 47 of 73 Rec Fee :$0.00 Doc Fee :O_OO GARFIELD COUNTY CO 9 I HI ~ ~ ! -. . 1111 WJ~Jri\\llf r~~\', 111~ It '{1 11.~·~ ~f.ia~ ~~'',~1'~11 i 1,1l1 11111 Recepticnij: 868310 09/22/2015 03:17:15 PM Jean Rlberico 48 or 73 Rec Fee :$0.00 Doc Fee :0.00 GARFIELD COUNTY CO 1il 11 ii 'I ~~ .. I d ~I ii !ill J -. !: ~ .. I '• I I I Iii ·I !I I, n~ II I I :, I I' ' I I I I ! ll'Ul'""-~~l.LC. o~~·r,c:n:~ flOKICJOOCP.U.D. Ptt4Htll·FnJNGI' SSWl:1'Dl'!TA1Llfo ~,, ~· 11• da ~ ij fil ii .I I ! ! ! c ,, c ... ac le~ >:. "' 0 ;!i I~ J., "' ... !!: 11 £ ij -! I ~ I r I .. I § fll •1 f I 0 1 ! ! I - -- 1111 wJr .. ~af" lY,~:·~ ~~~Vl~ln~~'lil!: u~.t 1 111'rri111l1 11111 Re ceptionij: 868310 09/2 212e1s 03:17 :15 PM Jean Rlberico 49 or 73 Re c Fee:$0 .00 Doc Fee :0.00 GRRFIELD COUNTY CO ~~~~~~ lno"•11 1ocu~:P.U...O . rM ,U a lll•fltWIO I t'l l CDJ.AHCO\.l •O CTAll..9 0 I n1 s p 1111,w .. ~~'~ (J1r~1', N111 ~ 1Drw1M 1 ~ ~~~··ni~1 llll>i1~, 11111 Reception~: 868310 09/22/2015 03:17:15 PM Jean Rlberico 50 or 73 Rec Fee :$0 .~0 Doc Fee :0 .00 GRRFIELD COUNTY CO 5. ··en ~ ,. ~ 1 ' ·A I I ®! ~~~~:.::.~:; ·~Htl lU'DOC r..u ,o. ,.,, .. ,u:.ru ·r"a.l:rto1 Mlllloc.r;LUNl:OUO OlnAll.O ~ "'· m Al' iii ~I S' •i 15 A J ' ~ .. . . .... !iA f:' l'' l'11f;l1'111 ,1~.U·l1 ·uf'' I' ~i!~ltl.1ilU 11 3 !·~I~ ''ffi l! i1 f! i 1iH!!ri;~fi!1• . ~l ! !~~1rulur11!11 • I ji ~111111:00 'i I Iv. /ts,ifn l t! ! ,, jtla 111 •• ti I 1'1 '1 ;i,r1!~ ' ! ifo ll;j!Il'f I tl ~f!Jl111('1~ • ! 1 • tt'M i. 111: I 1 A \lr I ' o~z ~ ·~·· l"'l?;';u !!Ii rio-1 ,,. ;J;~J; ~ ~ l 1· l!!I 9~'1'\ 1,1 1 ;~1 t•1J I _ :. I ~ :ii i ~ -~- I ::z ':;! :.:: :== •2 I -=II , __ '=-= I~ ~ 0 t..) ,... ,__ z :> 0 t..) 0 ..J ~ LL <>: a: CC.0 0 -o '-0 m • ~~ a:" " CLL " mo ~ ~<S>~g ..,0 0 ~~~~ .-i""···· -t.0,.... a;) ::jCO-::~ ~··<'> ~~:~ ~.Sc;"' ~+'Nr-- 1 ""-' a.- a: ~Eo -Q.lcn- 1 .o::oLll TYPICAL DETAILS FOR ALL WA 1ER QUALllY PONDS DETAILS FOR WATER QUALITY POND 1 ..... .,. a,rt<l~Jf':l.\D -·•rt•~:-J ' D-CV•TOIHl7,00 C:1":11o"~-I ~--.,.·~ DETAILS FOR WATER QUALITY POND 2 ~Of~ ElL""'"aao.1 ~m ar:~T~ ~=~~ DETAILS FOR WATER QUALITY POND 3 ,,.. .. _ Q,[V:otl;lll~to IMYOl'T~!Oll ~11\1'1$'Ke.'I ~~~ (',,r.o~:i::Jl~J •• ,. A C c D ·' . : SEcnoN A-A. (Ell'.VATIOH) SECnoN A->. (ELEV•l1ot<) S£CllCtl A-A (ELEVATION) \..__,,__, ~ ... "=--8 0Ull£T S'IRUCl\JRE Pw< ~~~ J'b•t\'I' , .. r,._;.'· ........ ., -~ 'l)Q)~ ,,_ ~ ...... 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II.I~:;" 11:m" ~m~ ::> ;53 0 ... <Or: u • :!: f " x ~1tj -i is"~f i·~H ~ l~~'i~ ~ 1!3: ~ z ll~f~ °""" m·~ ~~ •v~ , .. ~~o~ \T* ~n· ,~.~~ r~ . n1 j~=' ,A, !~i rnw · HU ~ ~ e r ~ . ! ~ l • a A OAAl'lt.LD C.OUN'IV c;oLOAAOO IROHBAIOC.E w e;r:a MAH.-.O.-U<'I C!PIT,.U.U ~lf,\D Cll1•F1UHO t ~ I 11 U\ROS.CNANCl~U.C w.RJ).£U>COOtll"t,CQ.OFU.DO JRDN9AIDOC OVSRAU. urn..rrt P'&..AN A..UUU .. T l•~~R.UT''""l&ll,~CDNll• ~-··-,.,,,._,_ 1•11.-...:.CS-i=to~~:.=11:011•1 -~ I ill Ul~ft>.ria L U.C:: 0Allf1£\.D CDUtm, C:OlORA.00 IRONDRIOCll! \ITIUTYP\..AN All-OU::LT8 1111 WJ~.iM~lrlHI.\' !i¥.A, Ir rYl'1'Tll ~ ~\0~'11",.:u ~l~.ii,•I, 11111 Receptiontt: 868310 09/22/2015 03 :17:15 PM Jean Alberico 55 of 73 Rec Foo :$0.00 Doc Fee :0 .00 GARFIELD COUNTY CO LD AQl.tfU.HCH, U.: n . ..,.,,,.U>r~.c~ IRONDRIDCIE unUTTPLAN ..u-OU/l.'ra _,// ,/,/ fl ~o<> a .-. ~ . ,./,/ ,, // ~ I /' ';> I I N 1111 ~,1~ .. 11~r-.~H~\~ rit'ii ~~~~~1 ~,,~~~ ~,a,.ir 11,:,r.~~ iv~, 11111 Receptjon~: 868310 09122/2015 03 :17 :15 PM Jean Alberico 56 of 73 Rec Fee:$0 .00 Doc Fee :0 .00 GARFIELD COUNTY CO -:::0 0 z tD :::0 -0 G) fTl ~ . c . 0 . 11!1 Hl~.Jl'!l1W' f~ri·I~ 1~'~11",'.I', ~.~~~l~\11.'~ f~ I:«• i11~, 11111 Reception~: 868310 09/22/2015 03:17:15 PM Jean Alberico 58 of 73 Rec Fee:$0.00 Doc Fee:O 00 GARFIELD COUNTY CO ~I tWltl~C:~~oo IRONDlllDGI! ~ AJM>Ull .. T mvcn DU4DWAYllANrrARV fltwe.~ l'LA!I AHDPROFIU! IRONBRJDGE SUBDIVISION -PHASE 3 -FILING 1 Jliglz Coul11ry E11 gi11 eeri11g, Inc. lW ~0;11<111ber I, 201S SUMMARY .OF FILIN G .#! INPRASTRUCTURE (OSTS liCE JOll NO. 2 H 1026.00 l,\PJOjf'(l l.'114\IUZf.\£MZhCOl1&0'1JIU26 Ph llJ ...... ln"J;, I• 9•H3 ifli:\i······-··· .......... _ ....... -.......................... -···········-···········youXi-iri'rv · .. ··r···uNii' .... ,. ... uNii'·c·os:r .. ··;-···· .. ·coiff ..... . Grnt fl11 g '""' Eart/1 work Eonhwork ·Unclassified Exm•a1ion i JO,l!OO ! C.Y . ! $3 .50 i SlO S,000 .00 i'.iii>oii .siiiiii>Tliii:s·,O(i<Jiii~·;;iJ"i>i~-~~;;,~~;······························ .. -···-y··········· .. 1.-.ooo l'····c::v:····r····· .. ······ss:ooT ···· .. s11i:ii®.oo · iircisioii·~•;rsc;i1;,i;:,;;"c:<i;.i;;;1oi ii;ik~i·:siii1;;;;s[e~·p~;·l!~:.;;"j:i·················r····· ... · .. ·n:oor ···s:·-;;.· .. ·r· .. ··········s?:soT ...... s3o:.ioo:oo· ~~~~t~·~·;.:~:~:.;~~;:~~~;;~;,:.:~;:::~~;~~~~~~:::~~:~:;~~~:~~;~:;::::::::r::::::::::?.·!;t~i:::::g ::::r:::::::::::::~~~~~t:::::~~~rt~~~:: i6·:·M;;;,;;i~bie.cWii"~·aiiiie.,. ....................................................... .,.. ............ 3:ooor····1:.-i;:· .. ·y ·············s2.S:oo·r ·······s1s:iioo.oo· c;,;u·rn;.;~.;;;sii:~isi ;.;~·,:·siiiii:·sp.;t<l;\•i<1<ii' ................................. r ................. 6r .. ··f.3a, ..... ,. ........... s:.iiio:oor ........ si:soo.oo· ;.:;j,ii!ii'rc.i<S'ariiiii"r&1ii .............................................................. T .. _ ...... i.o:~oiil"···s:r.: .. ·T ·····-······52:00T······520JOO:<io' :::::::::::=:::=:::=:::::::::::::::::::::::::::=::::::::=::::::::::::::::::=:=:=:::r:::::::::::::::::::c::::::::::i:::=::::=::::::::::::r:::==:::::::::::::: i i 1 ; S406,920.00 D om est i c /Vnler :::P.~~~.P.~.~.~~:!!!~!'.~.~;!:~~i.~P.~.~~.~!~i.~~::.: .................................... ~ ..................... i .............. L ................. --~--·-······· -·- 10" D.l.P., Clnss 52 Wrucr Moln : 1,230 : Eoch : S90.00: $1 I0,700 .00 ~~i~~.;~~~=-::: ::~:::::::~~:]~:j~~~~fl~[~f :i~:~i Waa<r/Sow.,-Crossinn E11coscmcn 1 ; 2 1 Each : Sl,100.00 t 54,400.00 ~~~!~~~:·~~!!:~~~~~~~'.~~·~~:~:::::::::::::::::::::::::::::::::::::::::::::::::::::r:::::::::=::::)t::::~?:~~::::r:::::::::~~:?2~-:~::t:::::::~~;?:~-~: Connec t to E.•istinc 10" Water Stub : I : Each ; S l,200.00 : $1,200.00 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::r:::::::::::=::::::r:::::::::::r:::::::::::::::::::r::::::::::::::::::: · · : i S17J,OOO .OO -·price lucludcs 1rc~ching and r.uing.s... ! i . . ~~~~{~~l.}~~~~~;~~~~~~;~~~~~~~~~~~~~::~~:~~~~~~~~::~::~~~:~::~~:~~:~::~:T:~:~::::~::~~~:1Ll~f t::~~~:~:f ~~~r;:::~~J~;: ''"Sewer Sm>k<: ; 22: Each i Sl,J00 .00 : S24.ioo.oo ................... u ... .,. ........................ HH H ••••••"-"•••••••••H ••H ••••••••••••H ·•···:·-······-····~······:·-····· ... ~···:-.... .,·-·····••-*"••••··1 ·-·-·····--·•H••n•H• , ............................................................ -·····-············ .. ········1··············-.. -i .............. t ·····················t·····si4?;6iio:oo· S 1nr111 Sewer aud St.irftJce urui11 Syste11~ 18" /\DS·Nl2 . i . 375; L.F. ! SJS,00 i 513.125.00 !~::~~~~!~~~:~~~:~~~E?~:::::::::::::::::::::::::::::::::::::::::::::::::::::::r::::::=::::::::::~::§:~~:~~r:::::::::i~~:??.c::.~::::~~~-~~: S' Stonn Man hole ; I ; Ead1 ; Sl.600.00 i SJ,600.00 ~~~~~:~~!~~~~~~~:~~~~:~~::~:~::::~:::::::::::::::::::::::~::::::::::::::::r:::::::~::::::::j::::~~:·::E~:::::·:=:'.~F ::::~~~=~: i ! i i $23,0lS.00 Sllu/low Utilliies Totlif /11staf{etl /1ifrastro cture (JS of April, 2015. Total Jnstalled lnftastnicn1re Price Estimale S79 1,295.00 This pricinu: is b:aed orrorpropos:ed Phase Ill,. Filini; I plmis .tubmiued ~o G;iriicld Counly ror Appro\·iiJs Pricing i5 OOscd 0J!or21~ and ;m15 pcisnic fromo1.he1 projecl in lhe,•nJI~· lh:i.I 31'e 1nuller in sile th:111 lhis scope. No pJOjtcls Dflliis scope h:1i1·e bctn complelcd :ss of ,tccn1I~· in Garlicld CoUlll)' lhiii is nn csLim.:i.te only. 1of1 - 1111 ~i~.,ra~~1".ll 1 r~i', M1U:.,,~,~1 1•nu1{~r.nr:N1i11~ 11111 Reception~: 868310 09/22/2015 03:17:15 PM Jean Alberico 60 of 73 Rec Fee:$0.DO Doc Fee:0 .00 GRRFIELD COUNTY CO Date: Escrow Agreement Escrow Number: Closer: 'J1te undersigned deposit wilh Land Tit\\: Guarantee Company, a Colorado Corporation, as Escrow Holder (the "Escrow Holder"), !he items set forth in Schedule A, to be held by Escrow Holder subject to the terms of this Escrow Agreement, the General Provisions to the Escrow Agreement end the Special Instructions in Schedule B (collectively, the "Escrow Agreement"). (Kl All cash deposits must be accompanied by a Fann W-9 Request for Taxpayer Identification Number. "Schedufo A" (Deposits) $ _____ ___,from "Schedule B" (Special Instructions) 0 Special Instruction No. 1 (Repairs) Attached 0 Special Instruction No. la (Completion) Attached 0 Special Instruction No. 2 (Lender Completion Instructions) Attached 0 Special Instruction No. 3 (Indemnity Agreement-Cash Deposit) Attached 0 Special Instruction No. 4 (Depository Instructions) Attached 0 Special Instruction No. 5 (F.I.R.1'.T.A) 0 Special Instruction No. 6 (Resolution of Miscellaneous Issues) [El All others (See attached Exhibit "A") The partles"to the Escrow Agreement, by their signature below, acknowledge and agree that they have read, and will be bound by the Escrow Agreement, including the General Provisions to the Escrow Agreement, and the Special Instructions in Schedule B. Seller(s): (if applicable) Fonn 13575 1212013 ea.spec.instodt Buyer/Borrower(s): (if applicable) {22894323} Address: Address : Phone#: Phone ii: Fax#: Fax#: Email : Email : Contact: Contact: Lender: Escrow Fees tu be as Follows: (ff applicable) (a) Set up fee: By~~~~~~~~~~~~~~~~~~~ (b) Miscellaneous: Address: Phone#: Contact: Any correspondence regarding this escrow shall be ad dressed to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Greenwood Village, Colorado 8011 I Attn: Escrow Coordinator Phone: 303-321-1880 Fax: 303-399-8193 form 13575 1212013 ea.sp~c.instodt No.te: After the issuance of four (4) checks, a fee of$10.00 per check will be made for each additional check. Receipt of tl1e Escrow Deposit and acceptance of the Escrow Agreement hereby acknowledged by: Land Title Guarantee Company-Escrow Holder {22894323} 1111 wir .. rr\Jrri 'H~'~ i~1 \i~ ~ ... ·,, •~.~~".\U ~l,'1ti)i'.iM, 11111 Receptlon~: 868310 09/22/2015 03 : 17 : 15 PM Jean Alberico COUNTY CO 62 of 73 Rec Fec :$0 .00 Doc Fee.O ©0 GARFIELD L Notices. Land Title Guarantee Company General Provisions to the Escrnw Ag.-cemcnt Initials Initials Any notices required or permitted to be given under the Escrow Agreement shall have been deemed lo have been served: i. one business day after the notice is hand delivered with proof of receipt by the addressee, or ii. one business day after transmission by facsimile evidencing confirmation of receipt by the receiving facsimile machine, or iii. one business day after transmission by email evidencing conllrmalion of receipt by the receiving email address, or Iv. ifreputable overnight courier (such as United Parcel Service or Federal Express) is used, on tbe immediately following business day after notice is sent for overnight delivery, or v. if the United States Mail is used, on the third business day after the notice is deposited in the United States Mail, postage prepaid; Provided in each case such notice is addressed to the parties at the addresses given on the first page of this Escrow Agreement. 2. Reliance on Notice. Escrow Holder may act in reliance upon any writing or instrument or signature which Escrow Holder, in good faith, believes to be genuine, and may assume the validity and accuracy of any statement or assertion contained in such a writing or insh-umcnL, and may assume that any person purpo1ting to give any writing, notice, advice or instruction in connection with the provisions hereof has been duly authotized so to do. J. Laws Relating to Unclaimed Funds. Seller and Buyer are hereby advised that unclaimed funds may be payable to the State ~t some future date pursuant to unclaimed property laws, and should Escrow Holder pay any such funds held in the Escrow Deposil, Escrow Holder sball be release from all further responsibility under the Escrow Agreement and shall not be liable to any Party so long as such payment was made pursuant to applicable law. 4. Escrow Deposit and Interest Earned on Escrow Deposit. o. Upon receipt of written direcrion of the pai1ies along with a completed W-9 any money comprising the Escrow Deposit will be invested in an interest bearing account. b. Deposits of $100,000.00 or more may be directed by the pa1iies hereto to other types of investments, or the Escrow Holder may invest the Escrow Deposit in Repurchase Agreements for U.S. Treasury obligations or other Federal agency issued securities. c. Escrow Holder shall not be responsible for maximizing the yield on the Escrow Deposit. Under no circumstances shall Escrow Holder be liable for loss of funds due to bank or other Instirution failure, including employees or agents thereof, suspension or cessation of business, or any action or inaction on the part of the bank or other institution, or any delivery service transporting funds to and from the institution. d. All parties hereto shall execute and deliver to Escrow Holder all forms required by federal, state or other governmental agencies relative to taxation matters and Escrow Holder will file appropriate 1099 or other required forms. Fees and Expenses of Escrow Holder. a. The Escrow Holder shall be entitled to reimbursement in full , or may demand payment in advance, for all costs, expenses, charges, fees or other payments made ox to be made by Escrow Holder in tile perfonnance of Escrow Holder's duties and obligations under the Escrow Agreement. b. The parties to the Escrow Agreement are jointly and severally liable for the payment to Escrow Holder of all fees and expenses. Escrow Holder is ltereby autho1ized and directed to reimburse to itself in payment of fees or expenses from any funds in the Escrow Deposit, whether from principal or interest or both, at any time, and from time to time, as the same may be due and owing . c. Escrow Holder is hereby authorized to withhold any fees or expenses from any disbursement or distribution of Escrow Deposit to any Party hereto or to the Clerk of the Court upon interpleader. ti. In the event that the Escrow Deposit shall consist of documents only and not fimd.s, Escrow Holder may refuse to distribllte any such docwnents or to othenvise act under this Agreement until all accrued but unpaid fees and expenses have been paid in full. rm 13575 12.i2013 ea.spec.instodl {22894323} -. 1111 w,1r_,r"1!1 l~~J 11 ~IVH l'll',1 ~~~ ,lrJ llt~if~l 1,~~~iit~, 11111 Recepl!onij: 868310 0912212015 C3:17:15 PM Jean Alberico 63 of 73 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO 6. Non-liability ofEscrnw Holder. n. Escrow Holder shall not be liable for any mistakes of fact, or errors of judgment or for any acts or omissions of any kind unless caused by tbe willful misconduct or gross negligence of Escrow Holder. ti . Escrow Holder shall not be liable for any taxes, assessments or other governmen1al charges which may be levied or assessed upon the Escrow Deposit or any part thereof, or upon the income therefrom. c. Escrow Holder may rely upon the advice of counsel and upon statements of accountants, brokers or other persons reasonably believed by it in good faith to be expert in the matters upon which they are consulted, and for any reasonable action taken or suffered in good faith based upon such advice or statements. 7. Indemnity of Escrow Holder. The Seller and Buyer jointly and severally, agree to : i. indemnify Escrow Holder for, and hold it hannless against any and all liability incurred by the Escrow Holder by reason of this Escrow Agreement, or in connection with Escrow Agent's perfomiance of its duties hereunder, except for Escrow Holder's own willful misconduct or gross negligence, and ii. reimburse Escrow Holder for all its expenses, including, but not necessarily limited to, attorneys' fees and court costs incurred pursuant to this Escrow Agreement. 8. Request for Written Instructions. a. Escrow Holder may at any time, and from time to time, request the Seller and Buyer to provide written instructions concerning the propriety of a proposed payment of the Escrow Deposit, distribution of documents, or other action or refusal to act by Escrow Holder. b. Should the Seller and Buyer fail to provide such written instructions within a reasonable time, Escrow Holder may take such action, or refuse to act, as it may deem appropriate and shall not be liable to anyone for such action or refusal to act. c. Notwithstanding the foregoing, should the tenns of the Escrow Agreement be complied with, in tl1e judgment of Escrow Holder, then the Escrow Holder may disburse any funds, distribute documents, or take such action without specific further written instructions from any Party. 9. Disputes and lnterpleader. a. fn the event of any dispute between the Parties as to either law or fact, or in the event any of the parties here lo fail, for any reason, to fully receipt and acquit the Escrow Holder in writing.. Escrow Holder may refuse, in its discretion, to carry out said escrow instructions or to deliver any funds, documents, or property in its hand to anyone and in so doing shall not become liable to demand. b. Escrow Holder shall be entitled to continue, without liability, to refrain and refuse to act: i. until all the rights of the adverse claimants have been finally adjudicated by a court having jurisdiction over the Parties and the items affected hereby, after which time the Escrow Holder shall be entitled to act in conformity wlth such adjudication; or ii. until all differences shall have been adjusted by agreement and Escrow Holder shall have been notified thereof and shall have been directed in writing signed jointly or in counterpart by the parties and all persons making adverse claims or demand, at which time Escrow Holder shall be protected in acting in compliance therewith. c. Escrow Holder also has the right to intetplead into a court of competent jurisdiction at tbe expense oftl1e Parties. 10. Resignation of Escrow Holder. a. Escrow Holder may resign under this Agreement by giving written notice to all of the parties hereto, effective 30 days after the date of said notice. b. Upon the appointment by the pai1ies of a new escrow holder or custodian, or upon written instructions to Escrow Holder for other disposition of the Escrow Deposit, Escrow Holder shall, after retention of its accrued escrow fees and expenses, if any, sball deliver the Escrow Deposit within a reasonable period of time as so directed, and shall be relieved of any and all liability hereunder arising thereafter. 11. Applicable Law. This Agreement shall be governed by the laws of the State of Colorado. 12. Counterpartstrhird Party Beneficiaries. lhis Escrow Agreement may be executed in any number of counterparts, each of which when so executed shall constitute the entire agreement between the Seller and Buyer. The Seller and Buyer acknowledge and agree that there are not intended or unintended third party beneficiaries who roay rely upon or benefit from tile provisions of this agreement IJ. Electronic Signntures nnil Notices. The execution of this Escrow Agreement, and any otber notice required or pc1mitted under this Escrow Agreement, may be given and transmitted by electronic means (including email, facsimile, or similar transmission) and shall be deemed cffoctive for all purposes. Documents with original signatures are not required. If original signatures arc required by any party, !his request must be made prior to execution oftbis Escrow Agreement or any other notice, to ensure compliance with the request. Form 13575 12/2013 ea.spec.instodl {22894323) 1111 ~1~.,N)~~ f'1ri1 ~~ 1VV: ~"Jl'1~l~,·,1~~~1~M ~l'MI ~·,·~, 11111 Reception«: 888310 09/2212015 03: 17: 15 Prl Jean Alberico 64 of 73 Rec Fee:$0.00 Doc fee:0.00 GARFIELD COUNTY CO Exhibit "A" to Escrow ~greement This document is an addendum ("Addendum") to that certain escrow agreement under Land Title Guaranty Company Escrow Account No. 519857 ("Escrow Agreement") entered into between and among Blue Heron Properties LLC ("Blue Heron Properties") the Board of County Commissioners for Garfield County, Colorado ("BOCC") and Land Title Guaranty Company ("Escrow Holder"). This Addendum is incorporated in the Escrow Agreement by reference as if set out in full. Introduction Blue Heron Properties and the BOCC are parties to that certain Subdivision Improvements Agreement dated and recorded in the public records of Garfield County, Colorado under Reception No. (the "SIA"). Section 3, of the SIA requires that Blue Heron Properties provide security for the construction and completion of certain public improvements located within the Phase III of the Ironbridge Planned Unit Development. The amount of the security is $ (the "Escrow Deposit"), which is an amount equal to the Cost Estimate as defined in Section 3(a) of the SIA. Blue Heron Properties and the BOCC have agreed that the delivery of the Escrow Deposit to the custody of the Escrow Holder, pursuant to Escrow Agreement and this Addendum, will satisfy the security requirements under Section 3 of the SIA. Disbursal Instructions and Miscellaneous Provisions Section 1.01 Disbursal of Escrow Deposit. In accordance with the above, Blue Heron Properties and the BOCC instruct the Escrow Holder to disburse all remaining or any authorized portion of the Escrow Deposit as follows: To Blue Heron Properties: Escrow Holder shall disburse the sum set forth on any "Written Request for PartiaJ1or Final) Release of Security presented by Blue Heron Properties" as provided in Section 3(e) and Exhibit D of the SIA that is stamped, certified, or otherwise authorized by the BOCC or its duly authorized officer or representative. To the BOCC: Escrow Holder shall disburse the balance of the Escrow Deposit, together with all accrued interest, to the BOCC upon Escrow Holder's receipt of a duly approved written resolution of the BOCC confirming that the BOCC has determined Blue Heron Properties to be in default under the SIA. Such determination shall be made at a duly noticed public meeting for which Blue Heron Properties will be provided 14 calendar days advanced written notice. Notice provided in conformance with the SIA will be deemed sufficient for the purposes of this provision. Section 1.02 Miscellaneous Provisions. Blue Heron Propetiies waives any and all claims against the BOCC, its officers, employees, agents and contractors on account of each of their good faith performance of their obligations under the Escrow Agreement and this Addendum. Blue Heron Properties shall defend, indemnify and hold harmless the BOCC, its officers, employees, agents and contractors from and against any claim made on account of this Escrow Agreement. The procedures set forth in this Addendum are intended to govern the manner in which Escrow Deposit funds are to be disbursed to Blue Heron Properties, or, as the case may be, the BOCC. This Addendum does not affect, in any respect, the manner or conduct of inspections to be performed by the personnel of Garfield County with respect to the public improvements, all as further provided in the SIA. The parties intend that the Escrow Agreement and this Addendum satisfy the requirement of"a fonn of security deemed adequate" under Seciton 3(a) of the SIA. In any event, as between Blue Heron Properties and the BOCC, the provisions of the Escrow Agreement and this Addendum are to be interpreted in a manner consistent with the SIA, which, with respect to Blue Heron Properties and the BOCC, will control over the Escrow Agreement and this Addendum with respect to any provisions that are in conflict. ***End of Addendum*"'* 1111 H1~ .. r1~~~m.-~1 ~~ ie,11'jf\VJkj.·~~:r 1l~~~'~r.'.~lli.·~. 11111 Recept i ontt: 868310 09/22 12015 03 :17 :15 PM Jea n Albe rico 66 or 73 Rec Fec :$0 .00 Doc Fee :0.00 GRRFIELD COUNTY CO EXHIBITD REQUEST FOR PARTIAL RELEASE OF ESCROW FUNDS Board of County Commi ssioners Garfield County, Colorado c/o Director of Community Development I 08 8th Street, Suite 40 I Glenwood Sp r ing s, CO 81601 RE: Ironbridge Subdivision This request is written to formally notify the BOCC of work completed for the Ironbridge Subdivision. As Owner [or On behalf of the Owner], we request that the BOCC review the attached Engineer's Certificate of Partial Completion and approve a reduction in the amount held in Land Title Escrow No. 519857 (the "Escrow Funds") in the amount of$ _______ _ ___ ,to a reduced the Escrow Funds to$ . Attached is the certified original cost estimate and work completed schedule, showing: Engineers Cost Estimate Work Completed, Jess I 0% Reduced Face Amount of Escrow Funds Based on periodic observation and testing, the construction has been completed, to date, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC or its representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If further information is needed, please contact _________ _, at ___ _ Owner or Owner's Representative/Engineer APPROVED: Name:~---------­ Office : ----------- EXHIBITE REQUEST FOR FINAL RELEASE OF ESCROW FUNDS Board of County Commissioners Garfield County, Colorado c/o Director of Building and Planning I 08 8th Street, Suite 40 I Glenwood Springs, CO 8160 I RE: Jronbridge Subdivision This request is written to formally notify the BOCC of work completed for the Ironbridge Subdivision. As Owner [or on behalf of the Owner}, we request that the BOCC review the attached Engineer's Certificate of Completion and approve a full release of the amount held in Land Title Escrow No. 519857 (the "Escrow Funds") in the amount of$ _____ _ Attached is the certified original cost estimate and work completed schedule, showing that all improvements required by the Improvements Agreement and secured by the Escrow Funds have been completed. Also enclosed are the following, required by the Subdivision Improvements Agreement dated between Owner and the BOCC, recorded at Reception No. at the Real Estate Records of the Garfield County Clerk and Recorder (the "SIA"): I. record drawings bearing the stamp of Owner's Engineer certifying that all improvements have been constructed in accordance with the requirements of the SIA, both in hand copy and digital fonnat acceptable to the BOCC; and 2. copies of instruments conveying real property and other interests which Owner was obligated to convey to the homeowner's association or other entity at the time of final Plat Approval. If further information is needed, please contact _______ , at ___ _ Owner or Owner's Representative/Engineer APPROVED: Name: __________ _ Office:----------- EXHIBITF Note to Lot Owners With Respect to Completion of Public Improvements You are being provided this Notice in connection with certain development activity occun-ing on the Phase III of the Ironbridge Subdivision and to inform you of the completion of certain public improvements required under the Subdivision Improvements Agreement (subject to any amendments of record, the "SIA") between Blue Heron Properties, LLC (the "Developer"), and the Board of County Commissioners of Garfield County, Colorado (the "BOCC"), which was recorded in the Garfield County Clerk and Recorder's office on ___ _ 2015 under Reception No. ___ _ As a result of the completion of these public improvements, certain funds held in escrow to secure the construction of the public improvements will or have been released to the Developer by the BOCC or its duly authorized representative. Nothing is required or expected of you in connection with this notice. For further infonnation, you or your legal counsel may review the provisions of the SIA. ***End ofNotice*** CIVIL ENGINEERING An Employe~ O\~ncd Company May 22, 2015 Garfield County Community Development Depa1tment c/o Kathy Eastley 108 81h Street, #401 Glenwood Springs, CO 81601 LAND SURVEYING RE: Offsite Road Improvement Fess Paid To Date -Iron bridge Subdivision Kathy: The Ironbridge Subdivision has completed multiple offsite roadway improvements that benefit the public Right of Way system. These improvements were focuses around the 2001 and 2002 time period and include CR 154/Highway 82 intersection widening, acceleration and decelerations lane additions and a traffic signal installation. Multiple improvements along CR I 09 adjacent to the subdivision were also made, including lane widening for the subdivision that created new sections of asphalt roadway, replacing the old asphalt that was wearing and would have required repair by the County. Drainage improvements were also made along CR I 09 to allow for the west roadside swale to function properly and transfer water through the new subdivision. Attached is the original, unsigned, contractual agreement for these road improvements to be completed by Gould Construction. This is not an engineer's estimate of the work, this the actual agreed upon bid amount for the work to be completed. Please feel free to call or email to discuss any question you may have. Sincerely, Matt Langhorst, P.E. High Country Engineering, Inc. · 1111 wir .. m1r-,~~"'~ rf,1 ~l\~i~w.1~~~~1fr11~~'l•,~ ~1,1h 11111 Recepliontt: 868310 09/22/2015 03:17:15 PM Jean Alberico 69 or 73 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1517 Bloke Avenue, Suite 101 Glenwood Springs, CO 8 I 60 I 970.945.8676 phone 970.945.2555 fax W\\W.hceng.com County Road I 09 f County Road 154 Project No. 2000075.02 AGREEMENT THE AGREEMENT, made this __ day of , 2001, by and between L.B. Rose R:;mch, LLC hereinafter called "OWNER" and Gould Construction, Inc. doing business as a corporation hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: I. The CONTRACTOR will commence and complete the construction of the Rose Ranch P.U.D. -County Road 109 /County Road 154 Project 2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3 . The CONTRACTOR will commence and complete the work required by the CONTRACT DOCUMENTS as stated in the NOTICE TO PROCEED dated 2001, unless the period for completion is extended otherwise by the CONTRACT DOCUM ENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of$ 1,933,960.24 . 5 . The term "CONTRACT DOCUMENTS" means and includes the following: INVITATION TO BID INSTRUCTIONS TO BIDDERS BID BID BOND AGREEMENT PAYMENT BOND PERFORMANCE BOND NOTICE OF A WARD NOTICE TO PROCEED CHANGE ORDER GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS SPECIFICATIONS prepared by High Country Engineering, Inc. ADDENDA: Those sections applicable to this contract in Addendum Numbers 1-8 DRAWINGS prepared by High Country Engineering, Inc., numbered Sheets 1 through 80. 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7 . This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IJ!I ~,1r_.r+~l~CH~~ IH~ ,I' !1t l*.\~,~'B" \~Jr1~~ i~tl1W1,1~, 1111 I Reception~: 668310 09/22/2015 03:17:15 PM Jean Rlberico 70 of 73 Rec Fee:$D.OO Doc Fee:0.00 GARFIELD COUNTY CO A - I County Road I 09 /County Road 154 Project No. 2000075 .02 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three (3), each of which shall be deemed an original on the date first above written. (SEAL) ATTEST: Name ________ _ (Please Type) Title ________ _ (SEAL) ATTEST: OWNER: L.B. Rose Ranch. LLC Name __ W~il~li~am~J~. ~H'-'-Cat=c-:--'-h---=-..,..--­ (Pleasc Type) Title --~M~a=n=ac.;!!:_,,.in""g"""P-=-r=in=c~ip=a"'"l ____ _ Address c/o Gate Capital, LLC 650 Delancy Street San Francisco. CA 94107 Telephone ----------- CONTRACTOR: Gould Construction. Inc . BY ____________ _ Name---=-:------Name Mark Gould (Please Type) (Please Type) Title __________ _ Title __ O~w~n=er ______ -__ _ Address P.O. Box 130 Glenwood Springs, CO 81602 Telephone (970) 945-729 I A-2 09/22/2015 03:17:15 PM Jean Alberico , 77. of 73 Rec Fee:$0.0~ Doc Fee:~.00 GARFIELD COUNTY CO Exhibit bne Ro•d lmpncl ftt C:.lculalion Work.shttl • RtDUJLD T£ST No!u H 1-"tlloMc P,rlJs '" /1/11 ,. ... 1 Projc,1 I Applica1ion lronlnidcc Phssc Ill frame Sludy Arc.1 9 A,~ identified in Re:salutton 98·28 Land U•e (Number ofTo"I Dwelling Units., Including ADUs) 61 bale rrl'partd 51712015 l Bose Rond Cos! S2,240.000 .4.1 kf.entifi cd In Reso!wtion 98 ·28 3 Road Capacity in ADT IK.~J3 AJ. Identified in Resolution 98·28 4 Road Cosl per ADT Sl21.Sl Should match Resolutkm 98·28 s A OT p<r L•nd Us. tJ.57 pased on ITE Manual 6 lJHc Read lmp:irt )"rr per land U1t Sl,162.96 TAX CllF.IJITS 7 80% of Annual R&D P1npertyTe~ per lo11d Ute S28.16 Road and Brldgs Miil levy for 2014is3.S 8 Collnly Dimx1n1 Ra1e !i,00% Rate updated annually by Treasufer.s Office 9 Ro•d OC5ign Life ('fo1rS) 20 10 Prcscnl Worth Fac.lor 10.84 County Workbook 11 Propl!!rty Taic Credlt S30S.25 Molti'-11'1 Line 7 by Une-10 u UNADJUSTED ROAD IMPACT FEE $857.70 Clnt-1 sub!nctrd !fotn Une 6 INFIATION ADJUSTMENT 1l Oerwer-Boulder CPI 'l'e1r or Cost EJUmate 158.1 CPI for 1997 14 Q~!!!'.Cf·~e[ Cef '.Um: Qi: lmQll'j &!i! ~afc 235.~ EJUmotod CPI for 2014 15 lnflaUon Factor 1.4889 U~< 1• dMdcd by Lln• 13 16 PRE-CONSTRUCTION INFLATION ADJUST"ED IMPACT FEE $1,2n.06 M..iltlpfy Une 12 bv Une 15 Notl!I: Cllcu,ulon not nec;.esnry If constr1.Jc;.\ian ca•t estimate Is ll\e satne year as the fee Is collected POST-CONSTRVCTION COST ADJUSTMENT 17 cauntv Discount Rate S.OO"tl Rate updated annually by Treasurers omc11 Nole: If the road ccnitrucllon was financed. derive the financed rate from the debt repayment schedule pr@'parcd Corthe rinancini, 1md ,ub,tilvlrr th~ derived rate for lho Discount Ra.to lB rerm (Ye0>n .A nee tne road was conmvcted) 17 19 Compound Interest Multiplier 1 ColUltV Workbook ('late: In the tu$e of debt finanlng, enter [he imputed mulllplieor /rem tilt! debt service .schedul!! prepu~d ror the finance l n~truml!nl. 20 POST·CONSTRUCTION ADJUSTED IMPACT FEE $857.70 Multipry Llne 12 b'f' L\ne 19, N/A 1f Um: 18= o TOTAL FEE FOR TOTAL NUMBER or DWEUING UNITS I STl.900.13 Multiply line 16 by Number of Owelfin& Units 1/2 OF FEE TO RE PAID AT FINAL PIAT I ·s1s.~SO.lo Total fee divided by 2 IMPACT FEE TO BE COLLECTED WITH EACH BUILDING PERMIT I S639.!i3 1/2. of fee divided bV Number of Dwelllni Unlt1 llll fr\lr_.~~ ~Ul)~rftilrlfa~IYl11• }li~~i'!VM~1 H:Jl ~·.·~. 11111 Receptiontt: 868310 09/2212015 03:17:15 PM Jean Rlberlco 73 of 73 Rec Fee :$0.D0 Doc Fee:0 .00 GRRFIELD COUNTY CO line Road Jmpricc rec Cakulalion Workshr:cl -REOUILD TF.ST Nol~s f1IMblt: Flc!df Jn IJ/11c. 1 rrojcc~/ ApplicatiDn lronl>rid.He rhase I, II a11d III l'r:.mc Study Area ? A5 id~ntifi cd in Rc:1olutian 98·28 Land U.sc (Nun1bcr of Toi.al Dwclli11g Unils, JncluUing:ADUs) 3 1 ~ Dtttc Prepared 5118/2015 2 Base Road Cosl 12.240.000 As identified In Rcsolutlon 98·2B 3 koad Capacity in ADT IA,o(J3 As identified in Re50tutio n 98·28 4 Road Co.u per ADT $121..12 Should match Rcsalution 9&-28 5 /IDT per Lond Uic 9,51 83!cd on ITE Manu.al 6 »ue H.t:iad Impact fre per Lnnd U$e SJ,162 ,96 TAX CREDITS 7 80% of Annual Jt&:B Ptopeny Tax JICr Ltnd Use i28.16 Road and Bridge Mill levy ror 2014 ls 3.5 B County Oi,:count R11.1e S.00% Rate updated oannuallv byTreasurer.s Olllt:e 9 Rood Dosisn Life (Ycors) 20 10 Prcseni W0e1h Factor J0.64 CountyWorkbaok 11 l'raperty TH Credit S3oS .25 Mulliply Lino 7 by line lO 12 UNADJUSTED ROAD IMPACT FEE $851.70 Une ll .s1.1btr:icted frcm Une 6 INFLATION AOJU5TMENT 13 Denver-BoufderCPI Veer of CoJt E,1imate 158.1 CPilor 1997 14 Denyer·H~.11.ir!;!§!r CPI Year of l!:J!~~cl Fee Ca!s;:. BSA Estim3ted CPI for 2014 15 lnflatlofl f'ac?or 1.4889 line 1-4 divided by Une 13 16 PRE·CONSTRUCTJON INFL\nON ADJUSTED IMPACT FtE $1,271.06 Mul1iply Lin• 12 by Une 15 Note: Clkl.lh1c1on not necessary If construction cosf estimate'' the ~meyeilr as the fee is coll!!cted POST-CONSTRUCTION COST ADJUSTMENT 17 Counl'/ Discount Rate 5,00% Rate updated annually by Treuur~r:s. OUlce Note; Ir the road construt:tion was financed, derive the flnnm:ed r;,te Imm lhe debt repayml?flr schedule prepared for the financing <1nd 5ubslltuto the de1ived rate for lhf' Oiscounl Ra1e 18 Term (Years 5lnc.1!1 the road was con!.tructedl 17 19 Compound lntc:rest Multiplier 1 county Woricbook Note: In the ca~e of debt llnani.na, enter the imputed multiplier from the debt .service schedule-ptepared ror (he finance instrument. 20 P05T·CON5TRUCTION ADJUSTED IMPACT JEE $857.70 Multiply Line 12 by Line 19, N/A If Une 18 • O TOTAL FEE FOR TOTAL NUMBER OF DWELLING UNITS I S~~l;SSJ.l2 Multlply UnC! Ui by Number of Dwelling Unit5 1/2 Of FEE TO BE PAID AT FINAL PLAT 1. $201.77S.G6 Total Feo divided by 2 IMPACT FEE TO BE COLLECTED WITH EACH DUILDING PERMfT I $6SB.SJ 1/2 ol Fee divided by Nurnber of Dwelling UnltJ 1111111111111111111111111111111111 f llll ltl 1111111111111 623133 03/18/2003 04:07P B1447 P884 M ALSDORF 1 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR IRONBRIDGE This Restated Declaration of Covenants, Conditions Restrictions and Easements for Ironbridge (this "Restatement") made this~"'' day of / ,~ , 200 .3, revokes in its entirety the Declaration of Covenants, Conditions, Restriction and Easements for The Rose Ranch P. U .D ., Phase I , recorded September 11, 2000 in Book 1206 at Page 662 in the real property records of the County of Garfield, State of Colorado (the "Revoked Declaration"). The Revoked Declaration shall be replaced by this Restatement. WITNESS ETH: WHEREAS, Roaring Fork Investment, L.L.C., the declarant under the Revoked Declaration conveyed the Property to LB Rose Ranch LLC, a Delaware Hmited liability company. Pursuant to this Restatement, LB Rose Ranch LLC, as the sole owner of the Property, revokes and terminates the Revoked Declaration including all of the interest of Roaring Fork Investment, L.L.C. as Declarant under the Revoked Declaration. WHEREAS, LB Rose Ranch LLC (the "Declarant") desires to create a Planned Community pursuant to the Colorado Common Interest Ownership Act on the Property, the name of which is "lronbridge." NOW, THEREFORE, Declarant hereby makes this DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR IRONBRIDGE (the "Declaration") as of the date of recording in the real estate records of the Clerk and Recorder of Eagle County, Colorado: 1. The instrument attached hereto as Schedule I and incorporated herein by reference, as amended by the following terms, shall constitute the Declaration and shall govern the Property. 2. Definition of Certain Defined Terms. Section 2.1 of Article II of the instrument attached as Schedule I, is hereby amended by (a) revising the definitions of "Articles", "Association", "Declaration" and "The Rose Ranch" by deleting any reference in such definitions to ''The Rose Ranch" and substituting in its place ''lronbridge"; and (b) revising the definition of "Declarant" to delete the reference to "Roaring Fork Investments, L.L.C., a Colorado limited liability company" and substituting in its place "LB Rose Ranch LLC, a Delaware limited liability company." 3. Change of Name. The name of the Project is hereby changed to "Ironbridge". All references to "The Rose Ranch" in the Declaration, including, without limitation, the first sentence of Section 3 .1 and Section 3 .2 of Article III of the instrument attached as Schedule I are I llllll lllll llllll llll llllll llllll llllf 11111111 f 1111111 623133 03/18/2003 04:07P B1447 P885 H ALSDORF 2 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO revised to read "Ironbridge" to reflect the change of the name of the Project. 4. Domestic Water. Section 4.14 of the instrument attached as Schedule I shall be deleted in its entirety and the following text shall be substituted in its place. "Water shall be supplied to each Lot by a water system which is owned, operated and maintained by the Roaring Fork Water & Sanitation District. The water so supplied shall be used for domestic in-house use only and for irrigation of not more than 500 square feet of landscaped area.,, 5. Easement for Private Amenities. The following sentence shall be added to the end of Section 8.17 of Article VII of the instrument attached as Schedule I: "Members and other permissible users of the Private Amenities shall have the right to a perpetual, unrestricted non-exclusive easement across and through all Common Areas for purposes of pedestrian access to and from the Roaring Fork River and for fishing and other pedestrian activities along and on the Roaring Fork River." 6. Maintenance. a. The first sentence of Section 9.1 (B) and Section 9.5 of Article IX of the instrument attached as Schedule I, shall be amended by adding the Phrase "(including, without limitation, landscaping )" after the word "improvements" in each sentence. b. In addition, the following sentence shall be added at the end of Section 9.1 (B): "In the event that the improvements on a Lot are damaged or destroyed by an event of casualty, the Owner shall be obligated to take immediate and reasonable measures to diligently pursue the repair and reconstruction of the damaged or destroyed improvements to substantially the same or better condition in which they existed prior to the damage or destruction." 7. Design Review. a. The last sentence of Section 16.6(E) of the instrument attached as Schedule I is hereby deleted in its entirety. b. The phrase "or deposit(s)"shall be added after the word "fee(s)" each time it appears in the second sentence of Section 16.7 of the instrument attached as Schedule I. The following sentence will be added after the second sentence of Section 16.7: ''The Design Review Board will also have the right to require a deposit for each improvement subject to its review, in an amount which may be established by the Design Review Board from time to time, and such deposits will be held as security to ensure that the construction of the improvements comply with plans and specifications approved by the Design Review Board and to act as a reserve 2 1111111111111111111111111111111111 lllll Ill lllll llll llll 623133 03/18/2003 04:07P 81447 P886 M ALSDORF 3 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO against possible damage to common improvements which may occur during construction. If the improvements fail to comply with such plans, the Design Review Board may retain the deposit to pay for its enforcement rights set forth in Section 16. IO." 8. Use Restrictions. a. Signs. The final sentence of Section I 7.l(F) of the instrument attached as Schedule I is hereby deleted and a new sentence is added in lieu thereof, reading as follows: "No "For Sale" or "For Rent" sign may be posted on any Lot, except for those in strict conformance with the Design Guidelines as published by the Design Review Board." b. No unsightliness; Clothes Drying; Sporting Equipment; Children's Recreational Equipment. Section 17 .1 (N) of the instrument attached as Schedule I is hereby deleted and a new section is added in lieu thereof, reading as follows: "All unsightly structures, facilities, equipment, objects, and conditions, including sporting equipment (e.g. skis, snowboards, bikes, mountain bikes, kayaks, etc.), and snow removal, garden or maintenance equipment except when in actual use, shall be kept in an enclosed structure or in a screened area approved by the Design Review Board. No laundry or wash shall be dried or hung outside any residence. Equipment intended for children's recreational use, such as basketball standards, swing sets, and slides, must also be approved in advance by the Design Review Board. Such equipment need not be screened if it is constructed of natural materials such as wood, stone, metal, etc., and if it is painted or stained in earthen tones (natural woods, greens, browns, black, etc.). If such equipment is constructed of non-natural materials such as plastic, or if the equipment is other than earthen tone in color, it must be effectively screened from view from other Lots and from common area and public parks and other public areas including streets, bike paths, and the Golf Course." c. Motorized Vehicles. The reference in the first sentence of Section 17.1(0) of the instrument attached as Schedule I to "trucks with a capacity of one-half ton or less" shall be changed to "trucks with a capacity of three-quarter ton or less." In addition, the following sentence will be added at the end of Section 17.1(0): "No more than two permitted vehicles per residence may be parked within the Project outside an enclosed garage, and such vehicles must be parked on the driveway of the residence or in a designated parking area on the adjoining public street. Additional permitted vehicles not belonging to the Owner or occupant of the Lot may be parked in the driveway or in designated parking areas on the public streets during special occasions, but only for the duration of the occasion. No vehicles of any kind may be parked in any location on a Lot except on the driveway or within an enclosed structure." d. Water Use. Section 17.l(BB) of the instrument attached as Schedule I is hereby deleted in its entirety." e. Occupancy Limits. The following text shall be added as a new subsection 3 I llllll lllll llllll llll llllll llllll lllll Ill lllll llll llll 623133 03/18/2003 04:07P 81447 P887 M ALSDORF 4 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO 17 .1 ( GG) of the instrument attached as Schedule I: "Occupancy Limits. Each Lot shall be improved, occupied and used only for single-family residential purposes, except that a duplex, townhome or condominium may be built and occupied upon a Lot designated therefor, and an accessory dwelling unit may be built and occupied upon or in a Lot designated therefor. Occupancy of each dwelling unit on the Property shall be limited to (i) no more than two (2) principal adults, (ii) the legal dependents of one or both of said principal adults, (iii) no more than two (2) additional family members (adults or legal dependents) who are related by blood to said principal adults, and occasional guests. Employees who care for the residence or who care for the legal dependents may also occupy the residence. For purposes hereof, "related by blood" shall mean the following relationships, but no others: grandparents, parents, brothers and sisters, mmts and uncles, and nephews and nieces. Accessory dwelling units are strictly limited to occupancy by no more than two (2) adults and the legal dependents of one or both of said adults." f. Garbage and Trash and Compost Containers. The following text shall be added as a new subsection 17 .1 (HH) of the instrument attached as Schedule I: "No refuse, garbage, trash, grass, shrub, or tree clippings, plant waste, scrap, rubbish, or debris of any kind shall be kept, stored, maintained or allowed to accumulate or remain on any Lot or on the Property except temporarily within an enclosed structure within the building envelope approved by the Design Review Board, except that any approved container containing such materials may be placed next to the street on the designated morning of garbage collection and must be returned to its enclosed structure that same day. No garbage containers, trash cans or receptacles shall be maintained in an unsanitary or unsightly condition, and except when placed for pickup they shall not be visible from another Lot, community park or common area." 9. Leasing. The following subsection shall be added to Section 17.4 of Article XVII of the instrument attached as Schedule I: "(xi) All leases must cover the entire residence being leased or, in the event the lease relates to an accessory dwelling unit, it must cover the entire accessory dwelling unit . No leases of portions of a residence or accessory dwelling unit shall be permitted." 10. Tradename or Logo. Section 17 .8 of the instrument attached as Schedule I shall be revised to add the name "Ironbridge" as a protected name under this section. 11. Enforcement. Section 17.7 of Article XVII of the instrument attached as Schedule I shall be revised by adding the following phrase at the end of the second sentence: 4 I llllll llllf llllll llll llllll 11111111111 Ill 1111111111111 623133 03/18/2003 04:07P 81447 P888 M ALSDORF 5 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO ", including but not limited (a) to the imposition of reasonable and uniformly applied fines and penalties, and (b) excluding violators from the Common Area or from enjoyment of any Association functions, or otherwise." 12. Real Estate Transfer Assessment. Section 11. I 4 of Article XI "Real Estate Transfer Assessments" of the instrument attached as Schedule I is hereby deleted in its entirety and a new Section 11.14 is inserted in lieu thereof, reading as follows: Section 11.14 Real Estate Transfer Assessment. Upon the occurrence of any transfer, as defined below, of an improved or unimproved Lot within Ironbridge (excluding, however, gifts, transfers for estate planning purposes, the second transfer in an IRC Section I 031 exchange (provided that the transfer assessment has been paid with respect to the first transfer), transfers by court order or by will or intestacy, transfers to the Association, transfers from Declarant to an affiliate of Declarant for the purpose of such affiliate developing, operating or holding for resale the real property subject to such transfer and any other transfers subject to specific exclusions as adopted by action of the Executive Board), the transferee under such transfer shall pay to the Association a real estate transfer assessment (the "Transfer Assessment") equal to one-quarter of one percent (0.25%) of the fair market value, as defined below, of the Lot subjected to transfer in accordance with the terms and procedures set forth below and such other uniform and customary procedures, limitations and exclusions as may be adopted by the Executive Board from time to time. A. Purpose and Use of Funds. All proceeds from the Transfer Assessments shall be contributed to the Ironbridge Foundation to support philanthropic and charitable organizations, activities, facilities, events or operations benefiting the general community or the quality of life at Ironbridge, including, without limitation, public education, open space preservation, conservation and environmental measures and other educational, charitable or philanthropic endeavors. The Ironbridge Foundations is a nonprofit entity formed for the purpose of overseeing and administering the proceeds of the Transfer Assessment in accordance with this Section and its governing documents. Notwithstanding the foregoing, in the event the Ironbridge Foundation has not been organized and empowered to accept monies at the time that a Transfer Assessment is collected, the Association shall hold all such proceeds in trust and remit them to the Ironbridge Foundation upon formation. B. Definitions. (i) Transfer. For purposes of this Notice of Levy, "transfer" means and includes, whether in one transaction or in a series of related transactions, any conveyance, assignment, lease of 30 years or longer or other transfer of beneficial ownership of any Lot, including but not limited to (i) the conveyance of fee simple title to any Lot (including any conveyance arising out of an installment land contract or a lease containing an option to purchase), (ii) the transfer of more than 50 percent of the outstanding shares of the voting stock of a corporation which, directly or indirectly, owns one or more Lots, and (iii) the transfer of more than 50 percent of the interest in net profits or net losses of any partnership, limited liability company, joint venture or other entity (each referred to hereinafter as a "Business Association") (other than Declarant) which, directly or indirectly, owns one or more, but "transfer11 shall not 5 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P889 M ALSDORF 6 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO mean or include the transfers excluded from the Transfer Assessment as described in this Section. (ii) Transferee. For purposes of this Notice of Levy, "transferee" means and includes all parties to whom any interest in a Lot passes by a transfer, and each party included in the term "transferee" shall have joint and several liability for all obligations of the transferee under this Section. (iii) Fair Market Value. "Fair market value" of the Lot subjected to transfer shall be the aggregate value of all consideration paid or delivered to the transferor for the transfer as reasonably determined by the Executive Board. A transferee may make written objection to the Association's determination within fifteen (15) days after the Association has given notice of such determination, in which event the Association shall obtain an appraisal, at the transferee's sole expense, from a real estate appraiser of good reputation who is qualified to perform appraisals in Colorado, who is familiar with real estate values in the County of Garfield, and who shall be selected by the Association. The appraisal so obtained shall be binding on both the Association and the transferee. The transferee shall be deemed to have waived all right of objection concerning fair market value, and the Association's determination of such value shall be binding, if no objection is timely made to the Association as provided herein. D. Payment and Reports. The Transfer Assessment shall be due and payable by the transferee to the Association at the time of the transfer giving rise to such Transfer Assessment. With such payment, the transferee shall make a written report to the Association on forms prescribed by the Association, fully describing the transfer and setting forth the true, complete and actual consideration for the transfer, the names of the parties thereto, the legal description of the Lot transferred, and such other information as the Association may reasonably require. The transferee may also submit an application for request for exemption from the Transfer Assessment on forms prescribed by the Association. If the Transfer Assessment is not paid within thirty (30) days of when due, the transferee shall be subject to all interest, fines and other remedies applicable to Assessments in default as set forth under the Declaration, including, without limitation, the right of the Association to lien and foreclose the transferee's Lot. 13. Mortgagee Rights Article Deleted. Article XIX "Mortgagee's Rights" of the instrument attached as Schedule I is hereby deleted in its entirety. 14. Dispute Resolution Provisions. A new Article XXII shall be added to the instrument attached as Schedule I which shall read as follows: 6 I llllll llJll llJlll llll llllll llllll tllll 11111111 11111111 623133 03/18/2003 04:07P 81447 P890 M RLSDORF 7 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO ARTICLE XXII DISPUTE RESOLUTION 22.1 Agreement to Encourage Resolution of Disputes Without Litigation. Declarant, the Association and its members, officers, directors, and committee members, all persons subject to this Declaration, and any person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Parties"), agree that it is in the best interests of all concerned to encourage the amicable resolution of disputes involving the Project without the emotional and financial costs of litigation. Accordingly, each Bound Party agrees not to file suit in any court with respect to a Claim described below, unless and until it has first submitted such Claim to the alternative dispute resolution procedures set forth in Section 22 .3 in a good faith effort to resolve such Claim. A. Definition of Claim. As used in this article, the term "Claim" shall refer to any claim, grievance, or dispute arising out of or relating to (i) the interpretation, application or enforcement of the Association Documents, (ii) the rights, obligations, and duties of any Bound Party under the Association Documents, or (iii) the design or construction of improvements within the Project, other than matters of aesthetic judgment under Section 19.3, which shall not be subject to review. Notwithstanding the foregoing, the following will not be considered "Claims" unless all parties to the matter otherwise agree to submit the matter to the procedures set forth in Section 22.3: (i) any suit by the Association to collect assessments or other amounts due from any Owner, (ii) any suit by the Association to obtain a temporary restraining order (or emergency equitable relief and such ancillary relief as the court may deem necessary in order to maintain the status quo, (iii) any suit between Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Association Documents, (iv) any suit in which an indispensable party is not a Bound Party, and (v) any suit as to which any applicable statute of limitations would expire within 180 days of giving the Notice required by Section 22.3, unless the parties against who the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article. B. Dispute Resolution Procedures. i. Notice. The Bound Party asserting a Claim ("Claimant") against another Bound Party ("Respondent") shall give written notice to each Respondent and to the Executive Board stating plainly and concisely: (i) the nature of the Claim, including the persons involved and the Respondent's role in the Claim, (ii) the legal basis of the Claim (i.e., the specific authority out of which the Claim 7 111111111111 lllf 111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P891 M ALSDORF 8 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO arises), (iii) the ClaimanCs proposed resolution or remedy, and (iv) the Claimants desire to meet with the Respondent to discuss in good faith, ways to resolve the Claim. ii. Negotiation. The Claimant and Respondent shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in negotiating a resolution of the Claim. 111. Mediation. If the parties have not resolved the Claim through negotiation within 30 days of the date of the notice described in Section 22.3.1 (or within such other period as the parties may agree upon), the Claimant shall have 30 additional days to submit the Claim to mediation with an entity designated by the Association (if the Association is not a party to the Claim) or to an independent agency providing dispute resolution services in Eagle County. If the Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation when scheduled, the Claimant shall be deemed to have waived the Claim, and the Respondent shall be relieved of any and all liability to the Claimant (but not third parties) on account of such Claim. If the parties do not settle the Claim within 30 days after submission of the matter to mediation, or within such time as determined reasonable by the mediator, the mediator shall issue a notice of termination of the mediation proceedings indicating that the parties are at an impasse and the date that mediation was terminated. The Claimant shall thereafter be entitled to file suit or to initiate administrative proceedings on the Claim, as appropriate. iv. Settlement. Any settlement of the claim through negotiation or mediation shall be documented in writing and signed by the parties. If any party thereafter fails to abide by the terms of such agreement, then any other party may file suit or initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth in this Section. In such event, the party taking action to enforce the agreement or award shall, upon prevailing, be entitled to recover from the non-complying party (or if more than one non-complying party, from all such parties in equal proportions) all costs incurred in enforcing such agreement or award, including, without limitation, attorney's fees and court costs. C. Initiation of Litigation by Association. In addition to compliance with the foregoing alternative dispute resolution procedures, if applicable, the Association shall not initiate any judicial or administrative proceeding unless first approved by a vote of Owners entitled to cast 75% of the total votes in the Association, except that no such approval shall be required for actions or proceedings: (i) initiated to 8 111111111111111111 111111111111111111111 Ill 1111111111111 623133 03/18/2003 04:07P 81447 P892 " ALSDORF 9 of 81 R 406.00 D 0.00 GRRFIELD COUNTY CO ~ _.. enforce the provisions of this Declaration, including collection of assessments and foreclosure of liens; (ii) initiated to challenge ad valorem taxation or condemnation proceedings; (iii) initiated against any contractor, vendor, or supplier of goods or services arising out of a contract for services or supplies, or (iv) to defend claims filed against the Association or to assert counterclaims in proceedings instituted against it. This Section shall not be amended unless such amendment is approved by the same percentage of votes necessary to institute proceedings." 15. Conflicts Between Documents. This Resatement hereby revokes and supersedes the Revoked Declaration. In case of conflict between the Declaration as restated hereby and the Articles and the Bylaws of The Ironbridge Property Owners' Association, the Declaration, as restated, shall control. 16. IN WITNESS WHEREOF, the undersigned, being the sole owner of the Property, has executed this_Restated Declaration of Covenants, Conditions Restrictions and Easements for Ironbridge on the day and year written below. STATE OF NewVort . ) ) SS. DECLARANT: LB Rose Ranch LLC, a Delaware limited liability company By: PAMI LLC, a Delaware limited liability company, its managing member By: "'--!=? Name: Marguerite M. Brogan Title: Authorized Signatory COUNTY OF New York ) The foregoing instrument was acknowledged before me this ;):::}"-day of°'fib't'foQ\, by Marguerite M. Brogan, as Authorized Signatory of PAMI LLC, a Delaware limited liability company, managing member of LB Rose Ranch LLC, a Delaware limited liability company. My commission expires: .....JI ..... ~_.\+\ ~"_.\.....,.00:::...lR-=------ [SEAL] 1 ~ :;:; ~ ~ N<>k~lic E:\Clients\LB Rose Ranch, LLC\l stamend-declaration cln6doc 9 PAMELA KANE Notary Public, State of New York Registration# 01 KA6043526 Qualified In New York County My Commission Expires June 19,2008 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P893 M ALSDORF 10 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO JOINDER OF LIENOR The undersigned, beneficiary under the Deeds of Trust dated July 29, 1997, November 27, 1997 and April 29, 1999, respectively, and recorded August 4, 1997 in Book 1028 at Page 776, November 26, 1997 in Book 1044 at Page 30, and April 30, 1999 in Book 1127 at Page 364, respectively, in the office of the Clerk and Recorder of Garfield County, Colorado, as amended and supplemented from time to time (the "Deeds of Trust"), for itself and its successors and assigns, approves the revocation of the Revoked Declaration and the recording of the foregoing Restated Declaration of Covenants, Conditions Restrictions and Easements for Ironbridge affecting the property encumbered by the Deeds of Trust, and agrees that no foreclosure or other enforcement of any remedy pursuant to the Deeds of Trust shall impair, invalidate, supersede or otherwise affect the covenants, conditions, restrictions and easements established by that Declaration. STATEOF NewYork ) ) SS. Lehman Brothers Holdings, Inc., doing business as Lehman Capital, a division of Lehman Brothers Holdings, Inc., a Delaware corporation COUNTY OF New York ) . \( :\tr. ·\': i....vWt ~'2.. The foregoing instrument was acknowledged before me this ~o day of _t-e_v_-200 3_, by Marguerite M. Brogan as Authorized Signatory of Lehman Brothers Holdings, Inc., doing business as Lehman Capital, a division of Lehman Brothers Holdings, Inc., a Delaware corporation. My commission expires: _(~st_\._\C\.____,\,--o_'e~_...,,.........._ [SEAL] ' ' .~ ~ ~ ---=ublic 10 PAMELA KANE Notary Pubtlc, State of New York Registration# 01 KA6043526 Qualified in New York County My ComrnlssiOn Expires June 19.2001 SCHEDULE I I llllll lllll llllll llll llllll llllll lllll Ill llllll llt 1111 623133 03/18/2003 04:07P B1447 P894 M ALSDORF 11 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO ARTICLE I DECLARATION AND SUBMISSION Declarant hereby declares that the Property shall be held, sold and conveyed subject to the covenants, restrictions and easements which are for the purpose of protecting the value and desirability ~fthe Property, and which shall run with the land and be binding on all parties and heirst successorst and assigns of parties having any right, title or interest in all or any part of tQ.e Property. Additionally, Declarant hereby submits the property to the provisions of the Act. ARTICLE II DEFINITIONS Section 2.1 Definitions. The following words when used in this Declaration or any Supplemental Declaration, unless inconsistenl with t)le context of this Declaration, shall have-the following meanings: A. "Abandoned and Inoperable Vehicle" has the meaning set forth in Section 17. lQ. B. 33.3-101 fil~. HActH means the Colorado Common Interest Ownership Act~ C.R.S. § 38- C. "Annexable Property"' means the real property which is subject to the P .U.D for the Rose Ranch and which is not initially made subject to the terms and provisions of this Declaration. The real property which compromises the Annexable Property is depicted and on the Plat as "Future Development'' parcels and is more particularly described· on Exhibit B. attached hereto and incorporated herein by this reference. Declaration of Proteclive Covenants R(Jse Ranch P. U.D .. Phase 1 13-Sep-99 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P895 " ALSDORF 12 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO D. ''ArticJes" mean the Articles oflncorporation for The Rose Ranch Property Owners Association, Inc., on file with the Colorado Secretary of State, and any amendments which may be made to those Articles from time to time. E. "Annual Assessment" means the Assessment levied annually. F. "Assessments" means the Annual, Special, and Default Assessments levied pursuant to Article XI below. Assessments are further defined as a Common Expense Liability as defined under the Act. G. "Association" means The Rose Ranch Property Owners Association, Inc., a Colorado nonprofit corporation, and its successors and assigns. H. "Association Documents'' means this Declaration, the Articles of Incorporation, and the Bylaws ofthe Association, and any procedures, rules, regulations, or policies adopted under such documents by the Association. I. "Association-Insured Property" has 'the meaning set forth in Section 13.l. J. "Association Rules" means the rules and regulations adopted by the Association as pr~vided in Section 5.1. K. ''Bylaws" means the Bylaws adopted by the Association, as amended from time to time. L. "Common Area" means all ofthe real property depicted and identified on the Plat as "Common Area" and improvements thereon, if any, in which the Association owns or has an interest for the common use and enjoyment of all of the Owners on a non-exclusive basis. Such interest may include, without limitation, estates in fee, for terms of years, or easements. "Common Area" is fmiher defined as a Common Element as defined under the Act. M. "Common Expenses" means (i) all expenses expressly declared to be common expenses by this Declaration or the Bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, repairing, or replacing the Co1mnon Area; (iii) insurance premiums for the insurance carried under Article X; and (iv) all expenses lawfully detennined to be common expenses by the Executive Board of the Association. N. "Declarant"means Roaring Fork Investment, L.L.C., a Colorado limited liability company, and its successors and assigns. 0. "Declaration" means and refers to this Declaration of Covenants, Conditions, Restrictions and Easements for The Rose Ranch. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 l 3~Sep-99 2 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P896 M ALSDORF 13 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO P. "Default Assessment'' means the Assessment levied by 1.he Association pursuant to Article XI, Section 11.7 below. Q. "Design Guidelines'' means the guidelines and rules published and amended and supplemented from time to time by the Design Review Board. R. "Design Review Board" means and refers to the Design Review Board defined in and created pursuant to Article XVI below. S. L'Drainage Structures" has the meaning set forth in Section 9.6. T. "Executive Board" means the governing body of the Association elected to perfom1 the obligations of the Association relative to the operation, maintenance, and management of the Property and all improvements on the Property. U. "Expansion and Development Rights" has the meaning set forth in Section 15.5. V. "Golf Course'' means the real property located in Garfield County, Colorado, more particularly described on the attached Exhibit C. W. "First Mortgage,, means any Mortgage which is not subordinate to any lien or encumbrance except liens for taxes, liens for Assessments or other liens which are given priority by statute. X. "First Mortgagee,, means any person named as a mortgagee or beneficiary in any First Mortgage, or any successor to the interest of any such person under such First Mortgage. Y. "Lot" means a plot of land subject to this Declaration and designated as a "Lot" on any subdivision plat of the Property recorded by Declarant in the office of the Clerk and Recorder of Garfield County, Colorado, together with all appurtenances and improvements, now or in the future, on the Lot. "Lot" also has the meaning ascribed to it in Section 15.3 hereof. Lot is further defined as a Unit as defined under the Act. Z. "Manager" shall mean a person or entity engaged by the Association to perfo1111 certain duties, powers, or functions of the Association, as the Executive Board may authorize from time to time. AA. "Member" shall mean every person or entity who holds membership in the Association. Declaration of Protective Covenants Rose Ran.ch P. U.D., Phase I 13~Sep-99 3 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P897 M ALSDORF 14 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO BB. "Mortgage" shall mean any mortgage, deed of tiust, or other document pledging any Lot or interest therein as security for payment of a debt or obligation. CC. "Mortgagee" means any person named as a m01igagee or beneficiary in any M01igage, or any successor to the interest of any such person under such Mortgage. DD. "Oversized" has the meanjngs set fmih in Section 17.1.Q. EE. "Owner" means the owner of record) whether one or more persons or entities, of fee simple title to any Lot, and "Owner" also includes the purchaser under a contract for deed covering a Lot, but excludes those having such interest in a Lot merely as security for the performance of an obligation, including a Mortgagee, unless and until such person has acquired fee simple title to the Lot pursuant to foreclosure or other proceedings. FF. "Person" means a natural person, a corporation, a partnership, a trustee or any other l.egal entity. · GG. "Plat" means the subdivision plat depicting the Property subject to this Declaration and recorded in the records of the Clerk and Recorder of Garfield County, Colorado on //-5e/"-, 2000 and Reception No.~~ and all supplements and amendments thereto. HH. "Private Amenities" means certain real property and any improvements and facilities thereon located adjacent to, in the vicinity of, or within the Property, which are privately owned and operated by persons other than the Association for recreational, commercial and related purposes, on a membership basis or otherwise, and shall include, without limitation, the Golf Course. Private Amenities may he owned by Declarant or affiliates of Declarant. II. "Property" means and refers to that certain real property described on Exhibit A attached to this Declaration. JJ. "P.U.D. Map" means the zone district map for the Rose Ranch Planned Unit Development recorded in the records of the Office of the Clerk and Recorder for Garfield County 01v'l'V'"°¥· , 2000 at Reception No. oo"'f'r8-? . KK. "P. U .D Resolutions of Approval" mean the terms and conditions of the P. U.D approval issued by the Board of County Commissioners for Garfield County, Colorado for the Rose Ranch Planned Unit Development set forth in Commissioner Resolution No. 98-80, recorded in the records of the Clerk and Recorder for Garfield County, Colorado on Sep. 9, 1998 at Book 1087, Page 862 and Reception No. 531935, as amended by Commissioner Resolution No. 99-067, recorded in the records of the Clerk and Recorder for Garfield County, Colorado on June 8, 1999) at Book 1133, Page 911 and Reception No. 546856. LL. "Repair and reconstmction" hasthe meaning set forth in Section 13.2. Declamtion of Protective Covenants Rose Ranch P. U.D., Phase. J 13-Sep-99 4 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P898 M ALSDORF 15 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO MM. "Roads" means all roads within the Property as shown on the Plat. NN. "The Rose Ranch" sha11 mean the planned community created by this Declaration, consisting of the Property, the Lots, and any other improvements constructed on the Property and as shown on the Plat. 00. "Sharing Ratio" means the allocation of Assessments to which an Owner's Lot is subject. The formula for sharing ratios is an equal allocation among all of the Lots. PP. "Special Assessment" means an assessment levied pursuant to Section 11.6 below on an irregular basis. QQ. "Special Districf' means a service and utility district which may be created as a special purpose unit of local government in accordance with Colorado law to provide certain community services to some or all of the Property. RR. "Successor Declarant" means any party or entity to whom Declarant assigns any or all of its rights, obligations, or interests as Declarant, as evidenced by an assignment or deed ofrecord executed by both Declarant and the transferee or assignee and recorded in the office of the Clerk and Recorder of Garfield County, Colorado, designating such party as a Successor Declarant. Upon such recording, Declarant's rights and obligations under this Declaration shall cease and terminate to the extent provided in such document. SS. "Supplemental Declaration'' means an instrument which subjects any additional property to this Declaration, as more fully provided in Article XV below. TT. "Supplemental Plat" means a subdivision plat which depicts additional property made part of this Declaration or the resubdivision of any Lot or the creation of any condominiums, duplexes, town homes or other multi-family units on any Lot, and may include one or more "maps~' as defined in the Act. lnJ. "Western Parcel" has the meaning set forth in Section 18.1.B. VV. "Wildlife Improvements" has the meaning set forth in Section 18.1.D. Each capitalized tem1 not otheiwise defined in this Declaration or in the Plat shall have the same meanings specified or used in the Act. Declaration of Protective Covenants Rose Ranclz P. U.D., Phase 1 13-Sep-99 ARTICLE III NAME, DIVISION INTO LOTS 5 I llllll lllll llllll llll llllll llllll lllll lll llllll Ill llll 623133 03/18/2003 04:07P B1447 P899 M ALSDORF 16 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 3.1 Name. The name of the project is The Rose Ranch. The project is a Planned Community pursuant to the Act. Section 3.2 Associa6on. The name of the association is The Rose Ranch Property Owners Association, Inc. Declarant has caused to be incorporated under the laws of the State of Colorado the Association as anon-profit corporation with the pm1)ose of exercjsing tl1e functions as herein set forth. Section 3.3 Number of Lots. The maximum number of Lots to be developed on the Property is eighty-two (82). Declarant reserves the right for itself and any Successor Declarant to subdivide any Lots or create condominiums, duplexes, town homes and other multi-fami1y units on such Lots. Declarant also reserves the right to expand the property subject to this Declaration pursuant to a the filing of Supplemental Declarations and Plats to include up to additional 240 Lots and to expand the Common Area. Section 3 .4 Identification o fLots. The identification number of each initial Lot is shown on the Plat. Section 3.5 Description of Lots. A. Each Lot shall be inseparable and may be developed exclusively for residential purposes in accordance with the restrictions applicable to a particular Lot contained in this Declaration, the Plat, the P.U.D. Resolutions of Approval and the P.U.D Map. No Lot shall be further subdivided, except that Declarant, its successors and assigns (which assigns may be more than one, including, without limitation, developers of certain portions of the Property) may further subdivide Lots into condominiums, duplexes, town homes and other multi-family units. Once subdivided, each Lot shall be deemed to be the number of Lots into which it is subdivided. Once a condominium, duplex, town home or multi-family dwelling unit is created pursuant to filing of appropriate final plat(s), then each such separate residence shall constitute a Lot. B. Title to a Lot may be held individually or in any form of concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each co-owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an Owner with respect to the Lot in which he owns an interest. For all purposes herein, there shall be deemed to be only one Owner for each Lot. The parties> if more than one, having the ownership of a Lot shall agree between themselves how to share the rights and obligations of such ownership, but all such parties shall be jointly and severally liable for perfommnce and observance of all of the duties and obligations of an Owner hereunder with respect to the Lot in which they own an interest. C. Any contract of sale, deed, lease, Mortgage, will or other instrument affecting a Lot may describe it as Lot_, Rose Ranch P.U.D., Phase No. 1, County of Garfield, State of Colorado, according to the Plat thereof recorded in the records of the Clerk and Recorder of Garfield County, Colorado on , 2000_ at Reception No.---·. Declaration. of Protective Coven.ants Rose Ran.ch P. U.D., Phase 1 13-Sep-99 6 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P900 M ALSDORF 17 of 81 R 406.00 D 0.00 ~RFIELD COUNTY CO D. Each Lot shall be considered a separate parcel of real property and shall be separately assessed and taxed. Accordingly, the Common Area shal1 not be assessed separately but shall be assessed with the Lot as provided pursuant to Colorado Revised Statutes Subsections 39-1- 103(10) and 38-33 .3-105(2). E. No Owner of a Lot shall be entitled to bring any action for partiti011 or division of the Common Area. F. Subject to Section 17.5 and as provided below, each Lot shall be used and occupied solely for residential use; provided that such use and occupancy shall be only as permitted by and subject to the appropriate and applicable govemmental zonjng and use ordinances, rules and regulations from time to time in effect. Notwithstanding the foregoing, Declarant, for itself and its successors, assigns, and/or designees (which designees may be more than one, including, without limitation, developers of certain portions of the Property), hereby retains a right to maintain on any Lot or Lots sales offices, management offices or modei residences at any time or from time to time so long as Declarant, or its successors or assigns, continues to own an interest in a Lot. The use by Declarant, or its successors, assigns or designees, of any Lot as a model residence, office or other use shall not affect the Lot's designation on the Plat as a separate Lot. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION OPERATIONS Section 4.1 The Association. Every Ownerofa Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated.from ownership of any Lot. Section 4.2 Transfer of Membership. An Owner shall not transfer, pledge, encumber or alienate his membership in the Association in any way, except upon the sale or encumbrance of his Lot and then only to the purchaser or Mortgagee of his Lot. Section 4.3 Membership. The Association shall have one (1) class of membership consisting of all Owners, including the Declarant so long as the Declarant continues to own an interest in a Lot. Except as otherwise provided for in this Declaration, each Member shall be entitled to vote in Association matters pursuant to this Declaration on the basis of one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised by one person or alternative persons (who may be a tenant of the Owners) appointed by proxy in accordance with the Bylaws. In the absence of a proxy, the vote allocated to the Lot shall be suspended in the event more than one person or entity seeks to exercise the 1ight to vote on any one matter. Any Owner or a Lot which is leased may assign his voting right to the tenant, provided that a copy of a written proxy appointing the tenant is furnished to the Secretary of the Association p1ior to any meeting in which the tenant exercises the voting right. In no event shall more than one vote be cast with respect to any one Lot. Declaration of Protective Covenants Rose Ranch P.U.D., Phase 1 !3-Sep-99 7 l llllll llllt llllll llll llllll llllll lllll Ill llllll Ill llll 623133 03/18/2003 04:07P 81447 P901 H ALSDORF 18 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 4.41 Dec1arant Control. Notwithstanding anything to the contrary provided for herein or in the Bylaws, Declarant shall be entitled to appoint and remove the members of the Association's Executive Board and officers of the Association to the fu1lest extent cunently pem1itted under the Act. The specific restrictions and procedures governing the exercise of Declarant's right to so appoint and remove Directors and officers sha11 be set out in the Bylaws of the Association. Declarant may voluntmily relinquish such power evidenced by a notice executed by Declarant and recorded in the Office of the Clerk and Recorder for Garfield County, Colorado) hut, in such event, Declarant may at its option require that specified actions of the Association or the Executive Board as described in the recorded notice, during the period Declarant would otherwise be entitled to appoint and remove Directors and officers, be approved by Declarant before they become effective. Section 4.5 Compliance with Association Docwnents. Each Owner shall abide by and benefit from each provision, covenant, condition, restriction and easement contained in the Association Documents. The obligations, burdens, and benefits of membership in the Association concern the land and shall be covenants running with each Owner's Lot for the benefit of all other Lots and for the benefit of Declarant's adjacent properties. Section 4.6 Books and Records. The Association shall make available for inspection, upon request, during normal business hours or under other reasonable circumstances, to Owners and to Mortgagees, current copies of the Association Documents and the books, records, and financial statements of the Association prepared pursuant to the Bylaws. The Association may charge a reasonable fee for copying such materials. Section 4. 7 Manager. The Association may employ or contract for the services of a Manager to whom the Executive Board may delegate certain powers, functions, or duties of the Association, as provided in the Bylaws ofthe Association. The Manager shall not have the authority to make expenditures except upon prior approval and direction by the Executive Board. The Executive Board shall not be liable for any omission or improper exercise by a Manager ofany duty, power, or function so delegated by written instrument executed by or on behalf of the Executive Board. Section 4.8 Implied Rights and Obligations. The Association may exercise any right or privilege expressly granted to the Association in the Association Documents, all powers granted to an association pursuant to C.R.S. § 38-33.3-302(1) (except as expressly otherwise provided in this Declaration), and every other right or privilege reasonably implied from the existence of any right or privilege given to the Association under the Association Documents or reasonably necessary to effect any such right or privilege. The Association shall perform all of the duties and obligations expressly iniposed upon it by the Association Documents, and eyery other duty or obligation implied by the express provisions of the Association Documents or necessa1y to reasonably satisfy any such duty or obligation. Declaration of Protective Covenants Rose Ranch P. U.D., Phase J 13-Sep-99 ·8 1111111111111111111111 11111111111111111 m 1111111111111 623133 03/18/2003 04:07P 81447 P902 M ALSDORF 19 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 4. 9 Association Meetings. Meetings of the Association shall be held at least once each year. Special meetings of the Association may be called by the President, by a majority of the Executive Board or by Owners having ten percent ( 10%) of the votes jn the Association. Not less than ten (I 0) nor more than fifty (50) days in advance of any meeting) the Secretary of other officer specified in the Bylaws of the Association sha11 cause notice to be hand delivered or sent prepaid by United States mail to the mailing address of each Owner or to any other mailing address designated in writing by the Owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the genera] nature of any proposed amendment to this Declaration or the Bylaws, any budget changes and any proposal to remove an officer or member of the Executive Board. Section 4.10 Association Standard of Care. The duty of care which the Association owes to the Owners is that of a landowner to a licensee, notwithstanding the interest which the Owners hold in the Common Area through their membership in the Association. Section 4.11 Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Property designed to make the Property safer than it otherwise might be. NEITHER THE ASSOCIATION, DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANYWAY BE CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN" THE PROPERTY .. NEITHER nm ASSOCIATION, THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE FOR FAILURE TO PROVIDE ADEQUATE SECURITY OR FOR THE INEFFECTIVENESS OF ANY SECURITY MEASURE UNDERTAKEN. ALL OWNERS AND OCCUPANTS OF ANY LOT, AND ALL TENANTS, GUESTS, AND INVITEES OF ANY OWNER, ACKNOWLEDGE THAT THE ASSOCIATION, AND ITS EXECUTIVE BOARD, DECLARANT AND ANY SUCCESSORDECLARANT, DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM SYSTEM, OR OTHER SECURITY SYSTEM DESIGNATED BY OR INSTALLED ACCORDING TO THE DESIGN GUIDELINES ESTABLISHED BY THE DECLARANT MAY NOT BE COMPROMISED OR CIRCUMVENTED; NOR THAT ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM SYSTEM, OR OTHER SECURITY SYSTEM DESIGNATED BY OR INSTALLED ACCORDING TO THE DESIGN GU1DELINES ESTABLISHED BY THE DECLARANT MAY NOT BE COMPROMISED OR CIRCUMVENTED; NOR THAT ANY FIRE PROTECTION OR BURGLAR ALAR.NI SYSTEMS OR OTHER SECURITY SYSTEMS WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD-UP, OR OTHERWISE; NOR THAT FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECuRITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. ALL OWNERS AND OCCUPANTS OF ANY LOT AND ALL TENANTS, GUESTS, AND INVITEES OF ANY OWNER, ASSUME ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO LOTS, TO RESIDENTIAL DWELLINGS AND TO THE CONTENTSOFRESIDENTIALDWELLINGSANDFURTHERACKNOWLEDGETHATTHE ASSOCIATION, ITS EXECUTIVE BOARD, COMMITTEES, DECLARANT OR ANY SUCCESSORDECLARANT HA VE MADE NO REPRESENTATIONS OR W ARRANTIBS, NOR Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 9 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P903 M ALSDORF 20 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO HAS ANY OWNER 1 OCCUPANT, OR ANY TENANT, GUEST OR INVITEE OF ANY OWNER RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATNE TO ANY FJRE AND/OR BlJRGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTY. Section 4.12 Power to Provide Services to Subassociations. To the ful1est extent pem1itted by the Act, the Association may establish subassociations a11d to provide services to subassociations. Such services to any subassociation shall be provided pursuant to an agreement in writing between the Association and such subassociations which shall provide for the payment by such subassociation to the Association of the reasonably estimated expenses which the Association will incur in providing such services to the subassociation, including a fair share of the overhead expenses of the Association. In lieu of collecting the expenses for such services from the subassociation, the Association shall have the right to collect them directly from the Members of the subassociation in monthly installments as part of the monthly common assessments. Section 4.13 Power to Provide Special Services for Members. To the fullest extent permitted by the Act, the Association may provide services to a Member or group of Members. Any service or services to a Member or group of Members shall be provided pursuant to an agreement in writing, or through one or more Supplemental Declarations, which shall provide for payment to the Association by such Member or group of Members of a costs and expenses which the Association estimates it will incur in providing such services, including a fair share of the overhead expenses of the Association, and shall contain provisions assuring that the obligation to pay for such services shall be binding upon any heirs, personal representatives~ successors and assigns of the Member or group of Members, and that the payment for such services shall be secured by a lien on the Lot or Lots of the Member or group of Members and may be collected in the same manner as assessments or otherwise. Section 4.14 Domestic Water. Water shall be supplied to each Lot by a central wate;r system which shall be owned, operated and maintained by the Association. The water so supplied shall be used for domestic in-house use only. All water use shall be metered by water meters or other measuring devices approved by the Association. The Associat~on shall be responsible for setting all rates, fees or charges for the provision thrbugh the water system of domestic water service to the Lot, and each Owner shall pay to the Association the rates, fees or charges applicable to his respective Lot. The obligation of Owners to pay the Association for such water service shall be a personal obligation of the Owner which the Association shall have the power and duty to enforce. Additional rules and regulations concerning the use, operation, and limitation of the water system and the water supply thereby may be promulgated by the Association and, if so promulgated, shall be binding upon each Unit Owner. · Section 4.15 Inigation Water. Nonpotable inigation water shall be supplied to each Lot by a central irrigation system which shall be owned, operated and maintained by the Association. Declaration of Protective Covenants Rase Ranch P. U.D., Phase 1 13-Sep-99 10 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P904 M ALSDORF 21 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO The nonpo1able water so supplied shall be used solely for the irrigation of grass, sluubs trees and other foliage located upon the Prope1ty as pem1itted by the Association and limited under this Declaration and the Plat. The Association shall be responsible for setting all rates, fees or charges for the provision of inigation water through the irrigation system and such rates, fees or charges assessed by the Association against each Lot receiving irrigation water shall be a personal obligation of the Owner thereof which the Association shall have the power and duty to enforce. Additional rules and regulations concerning the use, operation and limitation of the water system and the water supply thereby may be promulgated by the Association and) jfso promulgated, shall be binding upon each Lot Owner. ARTICLE V POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION Section 5.1 Association Rules. From time to time and subject to the provisions of the Association Documents, the Executive Board may adopt, amend, repeal, suspend and publish rules and regulations, to be known as the ''Association Rules/' governing, among other things and without limitation: · (i) The use of the Common Area, including any recreational facilities which may be constructed on such property, the personal conduct of the Members and their guests, and the establishment of penalties, including, without l.llnitation, the imposition of fines, for the infraction of such Association Rules; (ii) The use of any private Roads; and (iii) Therigl).ts ofaMember, including, butnotlimited to, the voting rights of a Member during any period in which such Member is in default on payment of any Assessment levied by the Association, as provided in Article XI. Such rights also may be suspended after notice and hearing for a period not to exceed ninety (90) days for an infraction of published Association Rules, unless such infraction is ongoing, in which case the rights may be suspended during the pe1iod of the infraction and for up to ninety (90) days thereafter. A copy of the Association Rules in effect will be distributed to each Member and any change in the Association Rules will be distributed to each Member within a reasonable time following the effective date of the change. Section 5.2 Implied Rights. The Executive Board may exercise for the Association all powers, duties, and auth01ity vested in or delegated to the Association, and not reserved to the Members or Declarant by other provisions of this Declaration or the Articles or Bylaws of the Association or as provided by law. Declaration of Protective Covenants Rose Ranch P. U.D., Phase I J 3-Sep-99 ARTICLE VI 11 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P905 M ALSDORF 22 of 81 R 4~6.00 D 0.00 GARFIELD COUNTY CO PROPERTY RIGHTS Section 6.1 Common Area. Every Owner shall have a iight and nonexclusive easement of use) access, and enjoyment in and to the Common Area) subject to: (i) This Declaration, the Plat and any other applicable covenants; (ii) A11y restrictions or limitations contained in any deed conveying such property to the Association; (iii) The right of the Executive Board to adopt rules regulating the use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area; (iv) The right of the Executive Board to suspend the right ofan Owner to use facilities within the Common Area (A) for any period during which any charge or Assessment against such Owner's Lot remains delinquent, and (B) for a period not to exceed ninety (90) days for a single violation or for a longer period in the case of any continuing violation of the Declaration, any applicable Supplemental Declaration, the Bylaws or Association Rules; (v) The right of the Executive Board to impose reasonable membership requirements and charge reasonable membership, admission, use or other fees for the use of any facility situated upon the Common Area; (vi) The right of the Executive Board to permit the use of any facilities situated on the Common Area by persons other than Owners, their families, lessees and guests; (vii) The right and obligations of the Declarant and the Association, acting through its Executive Board, to restrict, regulate or limit Owners' and occupants' use of the Common Area for enviromnental preservation purposes, including, without limitation, wildlife corridors, winter wildlife ranges and natural wildlife habitat; and (viii) Any governmental or quasi-governmental rules, regulations or statutes. Any Owner may extend his or her right to use and enjoyment to the members of his or her family, lessees, and social invitees, as applicable, subject to reasonable regulation by the Ex:ecutive Board. An Owner who leases his or her residential dwelling shall be deemed to assign all such rights to the lessee of such dwelling. Section 6.2 Expansion. From time to time, Declarant may, but shall not be obligated to, expand the Conm1011 Area by w1itte11 instiument recorded with the Clerk and Recorder of Garfield County, Colorado, all as more fully set forth in Article XV below. Declarat1:on of Protective Covenants Rose Ranch P. U.D., Phase J 13-Sep-99 12 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P906 M ALSDORF 23 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 6 .3 Maintenance. The Association shall maintain and keep 1.he Common Area in good repair, and the cost of such maintenance shall be funded as provided in Aiticle XI, subject to any insurance then in effect. This maintenance shall include, but shall not be limited to, upkeep, repair and replacement of a11 Roads, landscaping, walls, gates, signage, domestic water systems, irrigation systems, sidewalks, driveways and improvements, if any (whjch shall including, without limita6on, snow removal services), located in the Common Area. In the event the Association does not maintain or repair the Common Area, Declarant shall have the right, but not the obligation, to do so at the expense of the Association. Section 6.4 No Dedication to the Public. Nothing in this Declaration or the other Association Documents will be construed as a dedication to public use, or a grant to any public municipal or quasi-municipal authority or utility, or an assUrnption of responsibility for the maintenance of any Common Area by such authority or utility, absent an express written agreement to that effect. · Section 6.5 Private Amenities. Access to and use of the Private Amenities is strictly subject to the rules and procedures of the respective owners of the Private Amenities, and no Person gains any right to enter or to use those facilities by virtue of membership in the Association or ownership or occupancy of a Lot. ALL PERSONS, INCLUDING ALL OWNERS, ARE HEREBY ADVISED THAT NO REPRESENTATIONSORWARRANTIES,EITHERWRITTENORORAL,HAVEBEENMADE · OR ARE MADE BY DECLARANT OR ANY OTHER PERSON WITH REGARD TO THE NATURE OR SIZE OF IMPROVEMENTS TO, OR THE CONTINUING OWNERSHIP OR OPERATION OF, THE PRIVATE AMENITIES. NO PURPORTED REPRESENTATION OR WARRANTY, WRITTEN OR ORAL, IN REGARD TO THE PRIVATE AMENITIES SHALL EVER BE EFFECTIVE WITHOUT AN AMENDMENT HERETO EXECUTED OR JOINED INTO BY DECLARANT. The ownership, usage of, or operational duties of and as to the Private Amenities may change at any time and from time to time by virtue of, but without limitation, (i) the sale to or assumption of operations by an independent entity, (ii) conversion of the membership structure to an "equity" club or similar arrangement whereby the members of a Private Amenity or an entity owned or controlled thereby become the owner(s) and/or operator(s) of the Private Amenity, (iii) the conveyance of a Private Amenity to one or more affiliates, shareholders, employees, or independent contractors ofDeclarant, or (iv) the change in use of any Private Amenity (including, but not limited to, play rights with respect to any golf or tennis club). No consent of the Association or any Owner shall be required to effectuate such a transfer or conversion. Rights to use the Private Amenities will be granted only to such Persons, and on such tenns and conditions, as may be determined by their respective owners. Such owners of the Private Amenities shall have the right, from time to time in their sole and absolute discretion and without Declaration of Protective Covenants Rose Ran.ch P. U.D., Phase 1 13-Sep-99 13 1111111111111111111111 111111111111 lllll Iii 1111111111111 623133 03/18/2003 04:07P 81447 P907 M ALSDORF 24 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO notice, to amend or waive the tenns and conditions of use of their respective Private Amenities and to tennjnate use rights a1together. ARTICLE VII MECHANIC'S LIENS Section 7.1 No Liability. Ifany Owner shall cause any material to be furnished to his Lot or any labor to be performed therein or thereon, no Owner or any other Lot shall under any circumstances be liable for the payment of any expense incuned or for the value of a11y work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or materials to his or her Lot. Nothing herein contained shall authorize any Owner or any person dealing tluough, with or under any Owner to charge the Common Area or any Lot other than the Lot of such Ownerwithanymechanic's lien or other lien or encumbrance whatsoever. On the contrary (and notice is hereby given) the right and power to charge any lien or encumbrance of any kind against the Common Area or against any Owner or any Owner's Lot for work done or materials furnished to any other Owner's Lot is hereby expressly denied. Section 7.2 Indemnification. If, because of any act or omission of any Owner, any mechanic's or other lien or order for the payment of money shall be filed against the Common Area or against any other Owner's Lot or any Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his own cost and expense cause the same to be canceled and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other Owner or Owners) within twenty (20) days after the date of filing thereof, and further shall indemnify and save all the other Owners and the Association hannless from and against any and all costs, expenses, claims, losses or damages including, without limitation, reasonable attorneys' fees, resulting therefrom. Section 7.3 Association Action. Laborperfonnedormaterial furnished for the Common Area, if duly authorized by the Association in accordance with the Declaration or the Bylaws, shall be deemed to be performed or furnished with the express consent of each Owner and shall be the basis for the filing of a lien pursuant to law against the Common Area. Any such lien shall be limited to the Common Area and no lien may be eff~cted against an individual Lot or Lots. ARTICLE VIII PROPERTY RIGHTS OF OWNERS AND RESERVATIONS BY DECLARANT Section 8.1 Owner's Easement of Enjoyment. Every Owner has a right and easement of enjoyment in and to the Common Area, which shall be appurtenant to and shall pass with the title te> every Lot. Ce11ain third persons also inay have access to the Common Area as set forth in the Declaration of Protective Covenants Rose Ranch P. UD., Phase 1 13-Sep-99 14 I llllll lllll llllll llll ll\lll llllll lllll llt 1111111111111 623133 03/18/2003 04:07P 81447 P908 M ALSDORF 25 or 81 R 406.00 D 0.00 GARFIELD COUNTY CO Association Rules. Every Owner shal1 have a right of access to and from his Lot. No Owner sha11 hinder nor pem1it his guest to hinder reasonable access by any other Owner and his guest to the Lots and parking areas. Section 8.2 Recorded Easements. The Property shall be subject to all easements, licenses, covenants, and restrictions as shown on any recorded plat affecting the Property and to any other easements ofrecord or of use as of the date of recordation of this Declaration, including without limitation those set fo11h within Exhibit D hereto. In addition, the Prope1iy is subject to those easements set forth in this Article VIII. Section 8.3 Declarant's Rights Incident to Construction. Declarant, for itself and its successors and assigns, hereby reserves an easement for construction, utilities) drainage, ingress and egress over, in, upon, under and across the Common Area, together with the right to store materials on the Common Area, to build and maintain temporary walls, and to make such other use of the Common Area as may be reasonably necessary or incident to any construction ofimprovements on the Property, or other real property owned by Declarant, or other properties abutting and contiguous to the Property; provided, however, that no such rights shall be exercised by Declarant in a way which unreasonably interferes with the occupancy, use, enjoyment, or access to the Common Area by the Owners. Section 8.4 Utility Easements. There are hereby reserved unto Declarant (so long as the Declarant owns any of the Property), the Golf Course, the Association, and the designees of each (which may include, without limitation, Garfield County, Colorado and any utility company) easements upon, across, over and under all of the Lots, with the exception of the building envelope, to the extent reasonably necessary for the purpose ofinstalling, replacing, repairing, and maintaining cable television systems, master television antenna systems, security and similar systems, roads, walkways, bicycle pathways, lakes, ponds, wetlands, drainage systems, inigation systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas and electricity. The foregoing easements may traverse the private property of any Owner; provided, however, an easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing dwelling on a Lot or building envelope as shown on the Plat, and any damage to a Lot resulting from the exercise of an easement shall be reasonably repaired by, and at the expense of, the Person exercising the easement. The exercise of an easement shall not unreasonably interfere with the use of any Lot and, except in any emergency, entry onto any Lot shall be made only after reasonable notice to the Owner or occupant. Declarant specifically reserves the right to convey to the local water supplier, sewer authority, electric company, natural gas supplier and cable television or communications systems supplier and any other utility supplier an easement across the Property for ingress, egress, installation, reading, replacing, repai1ing and maintaining utility meters and boxes. However, the exercise of this easement shall not extend to pem1itting entry into the dwelling on the Lot, nor shall Dec/a.ration of Protective Covenants Rose Ranch P. U.D., Phase J l 3-Sep-99 15 111111111111111111111111111111111111111111 lllllll II llll 623133 03/18/2003 04:07P 81447 P909 M ALSDORF 26 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO any utilities be insta1led or relocated on the Property, except as approved by the Executive Board or Dec]arant. Should any entity furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Executive Board or Dec]arant shall have the right to grant such specific, descriptive easement over the Property without conflicting with the terms hereof. The easements provided for in this Article shall in no way adversely affect any other recorded easement on the Property. The Owner of a Lot subject to such easement shall cooperate with Declarantand the Executive Board and take all actions, including, without limitation, executing any documents evidencing such descriptive easement as reasonably requested by the Executive Board or Declarant. In the event an Owner fails to cooperate in such matter the Association or Declarant may, pursuant to Section 8.14 below, exercise its power to act as that Owner's attorney-in-fact to ·execute any necessary documentation on behalf of such Owner. The Executive Board shall have the power to dedicate portions of the Common Area to Garfield County, Colorado, the Special District or to any other local, state or federal government or quasi-governmental entity. Section 8.5 Support Easement. Each Lot is subject to a blanket easement for support and a blanket easement for the maintenance of the structures or improvements presently situated, or to be built in the future, on the Lots. Section 8.6 Road Easement. The Lots may have common Roads and/or driveways upon certain Lots serving more than one Lot, and there is granted hereby a non-exclusive easement to the Owners of Lots served by any such Road or driveway for ingress and egress purposes over and across those portions of such Lots which are used as a Road or driveway. No Owner shall hinder nor permit his guest to hinder reasonable access by any otherDwner_andhis guest to the Lots. Section 8.7 Reservation for Expansion. Declarant hereby reserves for itself and the Association and/or for Owners in all future phases of The Rose Ranch an easement and right-of-way over, upon and across the Property for construction, utilities, drainage, and ingress and egress from the Golf Course, and other properties abutting and contiguous to the Property and the Golf Course, and for use of the Common Area as may be reasonably necessary or incident to the construction of improvements on the Lots or other improvements on the Property or the Golf Course; provided, however, that no such rights shall be exercised by Declarant in a way which unreasonably interferes with the occupancy, use, enjoyment, or access to the Co1m11on Areas by the Owners. The location of these easements and rights-of-way may be made certain by Declarant or the Association by instruments recorded in the office of the Clerk and Recorder, Garfield County, Colorado. Section 8.8 Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon the Property in the proper perfonnance of their duties. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 16 111111111111111111111111111111111111111111 lllllll II llll 623133 03/18/2003 04:07P 81447 P910 M ALSDORF 27 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 8.9 Easements for Lake and Pond Maintenance and Flood Water. Declarant reserves for itself and its successors, assigns and designees the nonexclusive right and easement) but not the obligation) to enter upon the lakes) ponds, streams and wetlands located within the Common Area to (i) install, keep, maintain, and replace pumps in order to provide water for the inigation of ally of the Common Area or the Golf Course; (ii) construct, maintain, and repair any bulkhead, wall, dam or other structure retaining water; and (iii) remove trash and other debris therefrom and fulfill their mainte11ance responsibilities as provided in this Section. Declarant, the Association, and their designee shall have an access easement over and across any of the Property abutting or containing any portion of any of the lakes, ponds, streams, or wetlands to the extent reasonably necessary to exercise their rights under this Section. There is further reserved herein for the benefit of Declarant, the Association, and their designees:> a perpetual, nonexclusive right and easement of access and encroachment over the Common Area and Lots (but not the dwellings thereon} adjacent to or within one hundred feet of lake beds, ponds and streams within the Property, in order to (i) temporarily flood and back water upon and maintain water over such portions of the Property; (ii) fill, drain, dredge, deepen, clean, fertilize, dye and generally maintain the lakes, ponds, streams, and wetlands within the Common Area; (iii) maintain and landscape the slopes, banks and surrounding areas pertaining to such lakes, ponds, streams, and wetlands; (iv) construct, maintain, operate, repair, and replace water lines, water storage tanks, water house facilities and other improvements necessary or convenient for the installation and operation of the Association's water system; and (v) enter upon and across such portions of the Property for the purpose of exercising its rights under this Section. All person~ entitled to exercise these easements shall use reasonable care in, and repair any damage resulting from the intentional exercise of such easements. Nothing herein shall be construed to make Declarant or any other Person liable for damage resulting from flooding due to heavy rainfall, or other natural disasters. Section 8.10 Easements for Encroachments. To the extent that any improvement constructed within the Common Area (including, without limitation, any portion of the Roads) encroaches on any Lot, either currently existing or as a result of any addition or improvement pursuant to this Declaration, a valid easement for such Lot, either currently existing or as a result of any addition or improvement pursuant to this Declaration, a valid easement for such encroachments and for the maintenance of same, so long as they exist, shall and does exist. In the event any such improvement is partially or totally destroyed, and then rebuilt, the Owners agree that minor encroaclnnents of parts of such rebuilt improvements shall be pern1itted and that a valid easement for said encroachment and the maintenance thereof shall exist so long as the improvements shall stand. Section 8 .11 General Maintenance Easement. An easement is hereby reserved to Declarant, and granted to the Association, and any member of the Executive Board or the Manager, and their respective officers, agents, employees, and assigns, upon, across, over, in, and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency Declaration of Protective Covenants Rose Ran.ch P. U.D., Phase J 13-Sep-99 17 I llllll lllll llltll llll llllll llllll lllll Ill lltllll II 1111 623133 03/18/2003 04:07P 81447 P911 M ALSDORF 28 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO repairs or to perfom1 the duties and functions which the Association is obligated or pennitted to perfmm pursuant to the Association Documents or to protect the Association's property. Sect.ion 8.12 Blanket Easement. Declarant hereby reserves to itself, its successors and assigns, and grants to the Association, a blanket easement upon, across, over and under the Prope1ty, with the exception of building enve1opes, for the installation, replacement, repair and maintenance of drainage, ditch, utility and otl1er service lines and systems, including but not limited to, water, sewer, gas, telephone, television, cable or communication and electric lines and systems and drainage structures and, further, for the purpose of cuts and fills and/or retaining walls adjacent to the Roads as are necessary or desirable for the proper construction, use and maintenance of the Roads. Declarant, its successors and assigns, further reserves the right, but not the obligation, and grants to the Association the right, but not the obligation, to record a document specifying the boundaries of such easements at any time after such utility lines, roadway cuts and fills and/or retaining walls, pedestrian trails or other improvements described above have been constructed. Section 8.13 Declarant's Right to Excess Capacity. To the maximum extent pem1itted by the Act, beclarant, during the period of Declarant control and for a period of 20 years thereafter, reserves the right to use excess capacity of the water system, water rights, waterways, wells, ponds, springs and all pumps, pipelines, ditches, tanks, measuring devices, meters or other facilities associated therewith, including any facilities necessary for the exercise of any existing or subsequently decreed water rights or augmentation plan together with easements associated therewith for the construction, erection, maintenance, operation, use, expansion, repair and replacement of the water rights and/or facilities, and to add to such water system or water rights, to amend or change any water court decree, or to substitute the water source or amount of water in any water right as may be subsequently decreed by appropriate action in the water court or with the State Engineer's Office. Section 8.14 Association as Attorney-in-Fact. Each Owner, by his acceptance of a deed or other conveyance vesting in him an interest in a Lot, does irrevocably constitute and appoint the Association and/or Declarant with full power of substitution in the Owner,s name, place and stead to deal with Owner's interest in order to effectuate the rights reserved by Declarant or granted to the Association, as applicable, with full power, right and authorization to execute and deliver any instrument affecting the interest of the Owner and to take any other action which the Association or Declarant may consider necessary or advisable to give effect to the provisions of this Section and this Declaration generally. If requested to do so by the Association or Declarant, each Owner shall execute and deliver a written, acknowledged instrument confirming such appointment. No Owner shall have any iights against the Association or Declarant or any of their officers or Directors with respect thereto except in the case of fraud or gross negligence. Section 8.15 Delegation of Use. Any Owner may delegate his tight of enjoyment to the Common Area to the members of his family, his tenants, guests, licensees, and invitees, but only in accordance with and subject to the limitations of the Association Documents. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 18 1111111 111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P912 M ALSDORF 29 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 8.l 6 Dec]arant's Right of Assig1m1ent. Declarant reserves the right to assign any or all of its rights, obligations or interests as Declarant by recording an assigm11ent or deed ofrecord executed by both Declarant and the transferee or assignee in the Office of the Clerk and Recorder of Garfield County, Colorado, designating such pmty as a Successor Declarant. Upon such recording, Declaranf s rights and obligations under this Declaration shalJ cease and te1111inate io the extent provided in such document. Section 8.17 Easements for Private Amenity Activities. The Private Amenities and their members (regardless of whether such members are Owners hereunder), their guests, invitees, and the employees, agents, contractors, and designees of the Private Amenities shall at all times have a right and non-exclusive easement of access and use over all roadways located within the Property reasonably necessary to travel from/to the entrance to the Property and from/to the Private Amenity(ies). Without limiting the generality ofthe foregoing, members of the Private Amenities and permitted members of the public shall have the right to park their vehicles on the roadways located within the Property at reasonable times before, during and after functions held by/at the Private Amenities, which may include, without limitation, golftoumaments. Section 8.18 Declarant's Right to Conduct Business. Declarant, during the period of Declarant control of the Executive Board and for a period of 20 years thereafter, reserves the right to conduct certain activities which, notwithstanding any provision contained in this Declaration to the contrary, shall include the right to maintain a sales office, management office and other such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or necessary for the construction, sale and management of any Lots. Such facilities may include without limitation a business office, storage area, construction yards, signs, model units, sales offices, construction office, parking areas and lighting and temporary parking structures for all prospective purchasers of Lots. Section 8.19 Declarant's Right to Vacate and Re-Dedicate Roads. Declarant, during the period ofDeclarant control of the Executive Board and for a period of 20 years thereafter, reserves the right to take on behalf of the Association and each Owner, all actions necessary to cause the roads, contained within the Property and dedicated to the public under the Plat, to be vacated and re-dedicated to the Association and Owners as private roadways for the exclusive use and enjoyment of the Declarant, Owners and the Association. In the event Declarant exercises its rights under this reservation, the Association and each Owner shall be deemed to consent to: i. the filing and prosecution by Declarant of all petitions/applications required to effect the vacation of such public roads pursuant to Colo. Rev. § 43-2~303; and ii the acceptance by Declarant of title to such public roads upon vacation upon condition that Declarant re-dedicate or convey such roads to the Association and Owners for use consistent with this Section 8.19; Declaration of Protective Covenants Rose Ranch P. U.D., Phase I l 3-Sep-99 19 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P913 M ALSDORF 30 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO m. the filing and prosecution by Declarant, under the Garfield County Subdivision and Zoning Regulations, of all petitions/applications for zorilng or plat amendment wmrnnted by the vacation and re-dedication of such public roads to the Association and Owners. Section 8.20 Declarant's Right to Create Subassociations. To the maximum extent pe1mitted by the Act, Declarant, duiing the period ofDeclarant control and for a peiiod of 20 years thereafter, reserves the right to create subassociations or make the Association subject to a master association, or to merge or consolidate the Association with another association of a similar nature or same fo1111 or ownership, whether such merger be into and with an existing Association or a subsequently fonned homeowners association. ARTICLE IX MAINTENANCE AND LANDSCAPING Section 9.1 Maintenance and Landscaping of Lots. A. Subject to Article XVI, each Owner shall be solely responsible for all landscaping, maintenance and repair of his Lot and of the exterior and interior of his residence, including all fixtures and improvements and all utility lines and equipment located therein or in, on or upon his Lot and is required to maintain the Lot and any improvements located thereon in a condition of good order and repair. No Owner shall unreasonably damage the value of other Lots such as by shoddy upkeep of such Owner's Lot or any structures located on the Lot. B. Owners shall be responsible for all maintenance and r,epairs of utility service lines, connections, facilities ap.d related equipment providing service to such Owner's Lot and the residence and other buildings and improvements constructed upon such Lot, with such responsibility to begin at the point where a utility provider ceases responsibility for maintenance and repair for a particular utility. The responsibility of an Owner for repair and maintenance shall include those portions of said Owner~s Lot, other Lots, unplatted tracts, platted open space, platted easements, and streets and roads which are crossed by such a utility service line or other improvement. All such expenses and liabilities shall be borne solely by the Owner of such Lot, who shall have a perpetual easement in and to that part of the Property lying outside of such Owner's Lot for purposes of maintenance, repair and inspection. Each Owner shall use the utility service easement provided herein in a reasonable manner and shall promptly restore the surface overlying such easements when maintaining or repairing a utility service line or other improvement. C. No Owner shall constmct any structure or improvement or make or suffer any stmctural or design change (including a color scheme change), either pennanent or temporru.y and of any type or nature whatsoever to the exterior of his residence or construct any addition or improvement on his Lot without first obtaining the prior w1itten consent thereto from the Design Review Board pursuant to Article XVI hereto. Declaration of Protective Covenants Rose Ranch P.U.D., Phase l l 3-Sep-99 20 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P914 M ALSDORF 31 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 9 .2 Common Area. The Association shall maintain the Common Area as set forth in Section 6.3 above. Maintenance of the Common Area shall be performed at such time and in such a manner as the Association shall detennine. Section 9.3 Roads. A. The Association shall maintain and keep the Roads in good repair, and the cost of such maintenance shall be funded as provided in A.liicle XL This maintenance shall include, but shall not be limited to, upkeep, repair and replacement of the Roads (which shall include, without limitation, snow removal services). The Association's responsibility for Road maintenance under this Section applies whether or not such Roads lie on a Common Area, or some other area of the Property. In the event the Association does not maintain or repair the Roads, Declarant shall have the right, but not the obligation, to do so at the expense of the Association. The Association may contract for these services with any public or private entity. B. If the Executive Board deems it advisable, the Association may, at any time, enter into a written agreement to dedicate or convey the Roads to either a metropolitan district or to Garfield County. In the event a dedication to Garfield County is made under this Section, the Roads must meet all Garfield County road and trail plan standards applicable at the time of such dedication. Garfield County SHALL HAVE NO OBLIGATION TO ACCEPT THE OWNERSHIP OF THE ROADS OR THE RESPONSIBILITY TO MAINTAIN THE ROADS. Section 9.4 Maintenance Contract. The Association or Executive Board may employ or contract for the services of a third party to perform certain delegated powers, functions, or duties of the Association to maintain the Common Area. The employed individual or maintenance company shall have the authority to make expenditures upon prior approval and direction of the Executive Board. The Executive Board shall not be liable for any omission or improper exercise by the employed third paiiy of any duty, power, or function so delegated by written instrument executed by or on behalf of the Executive Board. Section 9.5 Owner's Failure to Maintain or Repair. In the event that a Lot and the improvements thereupon are not properly maintained and repaired by an Owner, or in the event that the improvements on the Lot are damaged or destroyed by an event of casualty and the Owner does not take reasonable measures to diligently pursue and repair the reconstruction of the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction, then the Association, after notice to the Owner and with the approval of the Executive Board, shall have the right to enter upon the Lot to perform such work as is reasonably required to restore the lot and the buildings and other improvements thereon to a condition of good order and repair. All costs incurred by the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Lot, upon demand. All unreimbursed costs shall be a lien upon the Lot until reimbursement is made. The lien may be enforced in the same manner as a lien for an unpaid assessment levied in accordance with Article XI of this Declaration. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 21 I llllll lllll llllll llll llllll llllll lllll Ill lllll llll llll 623133 03/18/2003 04:07P B1447 P915 M ALSDORF 32 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 9.6 Drainage Stmctures. All drainage control structures located on the Property shalJ be maintained by the Association in confonnance with the provisions set forth within the report drafted by High Country Engineering, Inc., dated October 14) 1998 and titled MAINTENANCE PLAN FOR ROSE RANCH'S BEST MANAGEMENT PRACTICES --BEST MANAGEMENT PRACTICES --WATER QUALITY & DRAINAGE STRUCTURES. Section 9. 7 Parkland Maintenance. The Association sha11, in the maintenance and care of all parks and other lands contained within the Property as Common Areas, be subject to and abide by the Best Management Practices set forth in the reports prepared by Environmental & Turf Services, Inc. titled THE ROSE RANCH INTEGRATED GOLF COURSE MANAGEMENT PLAN (Dated August 31, 1998) and MANAGEMENT PLAN AND RISK ASSESSMENT FOR THE ROSE RANCH GOLF COURSE (Dated July 10, 1998). Section 9.8 Maintenance of Reports. The Association shall maintain within its offices copies of the reports identified and referenced in Sections 9.6 and 9.7 above, which reports shall remain available for inspection and review by all Members, the DeClarant and the County of Garfield. ARTICLEX INSURANCE AND FIDELITY BONDS Section 10.1 General Insurance Provisions. The Association shall maintain, to the extent reasonably available: (i) Property insurance on the Common Area for broad form covered causes of loss; except that the total amount of insurance must be not less than the full insurable replacement costs of the insured property less reasonable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, paving areas, landscaping and other items nonnally excluded from property policies; and (ii) Commercial general liability insurance against claims and liabilities arising in com1ection with the ownership, existence, use, or management of the Common Area and the Association, in an amount deemed sufficient in the judgment of the Executive Board, insuring the Executive Board, the Association, the Manager, and their respective employees, agents, and all persons acting as agents. Declarant shall be included as an additional insured in Declarant's capacity as an Owner and Executive Board member. The Owners shall be included as additional insureds but only for claims and liabilities arising in c01mection with the ownership, existence, use, or management of the Common Area. The insurance shall cover claims of one or more insured parties against other insured parties. (iii) The Association may carry such other and further insurance that the Executive Board considers appropriate, including insurance on Lots, or insurance covering the acts Declaration. of Protective Covenants Rose Ranch P. U.D., Phase J I 3-Sep-99 22 ' llllll lllll llllll llll llllll lltlll lllll Ill lllll llll lllf 623133 03/18/2003 04:07P B1447 P916 M ALSDORF 33 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO or omissions of officers, directors, employees or agents of the Association, or other insurance that the Association is not obligated to carry to protect the Assodation or the Owners. Section I 0.2 Cance11ation. If the insurance described in Section 10.1 is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement poljcy therefor having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Owners. Section I 0.3 Policy Provisions. Insurance policies carried pursuant to Section I 0.1 must, to the extent available, provide that: (i) Each Owner is an insured person under the policy with respect to liability arising out of such Owner's membership in the Association; (ii) The insurer waives its rights to subrogation under tlrn policy against any Owner or member of his household; (iii) No act or omission by any Owner, unless acting within the scope of such Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and (iv) If, at the time of a loss under the policy, there is other insurance in the name of an Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. Section 10.4 Insurance Proceeds. Any loss covered by the property insurance policy described in Section 10.1 must be adjusted with the Association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Owners and Mortgagees as their interests may appear. Subject to the provisions of Section 10. 7 below, the proceeds must be distributed first for the repair or restoration of the damaged property, and thef\.ssociation, Owners and Mortgagees are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored or the regime created by this Declaration is tem1inated. Section I 0.5 Association Policies. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real property, it shall have the authority to assess negligent Owners causing such loss orbenefitting from such repair or restoration all or any equitable portion of the deductibles paid by the Association. Declamtion of Protective Covenants Rose Ran.ch P. U.D., Phase 1 l 3-Sep-99 23 ' 11111111111 1111111111111m 11"111"1111t 111111"11111 623133 03/18/2003 04:07P 81447 P917 M ALSDORF 34 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 10.6 Insurer Obligation. To the extent the following is avajlable, an insurer that has issued an insurance policy for the insunmce described in Section 10.1 shall issue ce11:ificates or memoranda of insurance to the Association and, upon request, to any Owner or Mortgagee. UnJess otherwise provided by statute, the insurer issuing tbe policy may not cancel orrefuse to renew it until thi1ty (30) days after not]ce of the proposed cancellation or nomenewa1 has been mailed to the Association and to each Owner and Mortgagee to whom a ce11:ificate or memorandum of insurance has been issued at their respective last-lmown addresses. Section 10. 7 Repair and Replacement. A. Any portion of the Common Area for which insurance is required under this Article which is damaged or destroyed must be repaired or replaced promptly by the Association unless: (i) The regime created by this Declaration is tem1inated; (ii) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; (iii) Sixty-seven percent of the Owners vote not to rebuild, including the vote of every Owner of a Lot or assigned limited common element that will not be rebuilt; or (iv) Prior to the conveyance of any Lot to a person other than Declarant, the Mortgagee holding a deed of trust or mortgage on tbe damaged portion of the Common Area rightfully demands all or a substantial part of the insurance proceeds. B. Thecostofrepairorreplacementinexcess ofinsuranceproceeds and reserves is a Common Expense. If the entire Common Area is not repaired or replaced, the insurance proceeds attributable to the damaged Common Area must be used to restore the damaged area to a condition compatible with the remainder of The Rose Ranch, and except to the extent that other persons will be distributees, the unused insurance proceeds must be distributed to all the Owners or Mortgagees, as their interests may appear in proportion to the Common Expense liabilities of all the Lots. Section 10.8 Common Expenses. Premiums for insurance that the Association acquires and other expenses co1mected with acquiring such insurance are Common Expenses. Section 10.9 Fidelity Insurance. Fidelity bonds must be maintained by the Association to protect against dishonest acts on the part of its Directors, officers, trustees, and employees and on the part of all others who handle or are responsible for handling the funds belonging to or administered by the Association in an amount not less than two months' current Assessments plus reserves as calculated from the cunent budget of the Association. In addition, if responsibility for handling funds is delegated to a Manager, such bond may be obtained for the Manager and its Declaration of Protective Covenants Rose Ranch P. UD., Phase 1 J 3-Sep-99 24 t 111111111111111111111 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P918 M ALSDORF 35 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO officers, employees, and agents, as appbcable. Any such fidelity coverage shall name the Association as an obligee and such bonds shall contain waivers by the issuers of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees," or similar tem1s or expressions. Section 10. 10 Worker's Compensation. Insura.11ce. The Executive Board shall obtain worker's compensation or similar insurance with respect io its employees, if applicable, in the amounts and forn1s as may now or hereafter be required by law. Section 10.11 Other Insurance. The Association shall also maintain insurance to the extent reasonably available and in such amounts as the Executive Board may deem appropriate on behalf of Directors against any liability asserted against a Director or incuned by him in his capacity of or arising out of his status as a Director. The Executive Board may obtain insurance against such other risks of a similar or dissimilar nature as it shall deem appropriate with respect to the Association ,s responsibilities and duties. Section 10.12 Insurance Obtained by Owners. Each Owner shall obtain and at all times maintain physical damage and liability insurance for such Owner's benefit, at such Owner's expense, covering the full replacement value of the Owner's Lot and residence (except to the extent any such Lot is encumbered by an easement conveyed to the Association as Common Area), personal property and personal liability insurance in a limit of not less than Five Hundred Thousand Dollars ($500,000.00) in respect to bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to property, and if higher limits shall at any time be customary to protect against tort liability such higher limits shall be carried. In addition, an Owner may obtain such other and additional insurance coverage on the Lot and residence as such Owner in the Owner's sole discretion shall conclude to be desirable; provided, however, that none of such insurance coverage obtained by the Owner shall operate .to decrease the amount which the Executive Board, on behalf of all Owners, may realize under any policy maintained by the Executive Board or otherwise affect any insurance coverage obtained by the Association or cause the diminution or termination of that insurance coverage. Any insurance obtained by an Owner shall include a provision waiving the particular insurance company's right of subrogation against the Association and other Owners, including Declarant, should Declarant be the Owner of any Lot. No Owl}er shall obtain separate insurance policies on the Common Area. All Owners are required to maintain on file copies of all such current policies with the Association to evidence their obligations hereunder and to facilitate recovery of all appropriate awards or proceeds by the Association. ARTICLE XI ASSESSMENTS Section 11. l Obligation. Each Owner, including Declarant, by accepting a deed for a Lot, is deemed to covenant to pay to the Association (i) the Annual Assessments imposed by the Declaration of Protective Covenants Rose Ran.ch P. V.D., Phase 1 13-Sep-99 25 1111111111111111111111111111 111111111111111111111111111 623133 03/18/2003 04:07P 81447 P919 M RLSDORF 36 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Executive Board as necessary to meet the Common Expenses of maintenance, operatjon, and management of the Conm1011 Area and to perforn1 the functions of the Association; (ii) Special Assessments for capital improvements and otherpmvoses as stated in this Declaration, ifpen11i1ted under the Act; and (iii) Default Assessments which may be assessed against a Lot for the Owner's failure to perfom1 an obligation under the Association Documents or because the Association has in.cuffed an expense on behalf of the Owner under the Association Documents. Sectlon 11.2 Purnose of Assessments. The Assessments sha]] be used exclusively to promote the health, safety and welfare of the Owners and occupants of The Rose Ranch, for the improvement and maintenance of the Common Area and other areas of Association responsibility referred to herein, as more fully set forth in this Article below and in Article XVIII. Section 11.3 Budget. Within thirty (30) days after the adoption of any proposed budget for the Association, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more thai.i sixty (60) days after mailing or other deli very of the summary. Unless at that meeting sixty percent ( 60%) of all Owners, whether or not present at the meeting, reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed by the Executive Board. The Executive Board shall adopt a budget and submit the budget to a vote of the Owners as provided herein no less frequently than annually. The Executive Board shall levy and assess the Annual Assessments in accordance with the annual budget. Section 11.4 Annual Assessments. Annual Assessments for Common Expenses made shall be based upon the estimated cash requirements as the Executive Board shall from time to time determine to be paid by all of the Owners, subject to Section 11.3 above. Estimated Common Expenses shall include, but shall not be limited to, the cost ofroutine maintenance and operation of the Common Area; expenses of management, taxes and special governmental assessments pertaining to the Common Area and insurance premiums for insurance coverage as deemed desirable or necessary by the Association; landscaping, care of grounds within the Common Area; routine repairs ai1d renovations within the Conunon Area; wages; common water and utility charges for the Common Area; legal and accounting fees; management fees; expenses and liabilities incurred by the Association under or by reason of this Declaration; payment of any default remaining from a previous assessment period; and the creation of a reasonable contingency or other reserve or surplus fund for general, routine maintenance, repairs, and replacement of improvements within the Common Area on a periodic basis,' as needed. Notwithstanding the use of the tenn "Annual" Assessments, the Association may establish an Annual Assessment for less than 12 months (~, set two six month ''Annual Assessments"). Until the Association makes an Ammal Assessment, the Declarant shall pay all Common Expenses. Annual Assessments shall be payable on a prorated basis each year i11 advance and shall be due on the first day of each month, calendar quarter or year, as dete1111ined by the Executive Board. Declaration of Protective Covenants Rose Ranch P. U.D., Phase l l 3-Sep-99 26 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P920 M ALSDORF 37 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO The omission or failure of the Association to fix the Almual Assessments for any assessment period shall not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. The Association sha1I have the right, but not the obligation, to make prorated refunds of any A.lmual Assessments in excess of the actual expenses incun-ed jn any fiscal year. In the alternative, the Executive Board may elect to allocate any such excess Assessments to an Association working capital fund or to an Association reserve fund. Section 11.5 Apportionment of A.Imual Assessments. Each Owner shall be responsible for that Owner's share of the Common Expenses, which shall be divided among the Lots on the basis of the Sharing Ratios in effect on the date of assessment, subject to the following provisions. All expenses (including, but not limited to, costs of maintenance, repair, and replacement) relating to fewer than all of the Lots to the extent not covered by insurance may be borne by the Owners of those affected Lots only at the reasonable discretion of t11e Executive Board. The fonnula used in establishing Sha1ing Ratios is an equal allocation among all of the Lots. Section 11.6 Special Assessments. In addition to the Annual Assessments authorized by this Article, the Association may levy in any fiscal year one or more Special Assessments, if permitted under the Act, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of improvements within the Common Area or for any other expense incurred or to be incurred as provided in this Declaration. This Section 11.6 shall not be construed as an independent source of authority for the Association to incur expense, but shall be construed to prescribe the manner of assessing expenses authorized by other sections of this Declaration, and in acting under this Section, the Association shall make specific references to this Section. Any amounts assessed pursuant to this Section shall be assessed to Owners in the same proportion as provided for Annual Assessments in Article XI, Section 11.4, subject to the requirements that any extraord.inary maintenance, repair or restoration work on fewer than all of the Lots shall be bome by the Owners of those affected Lots only; and any extraordinary insurance costs incurred as a result of the value of a particular Owner's residence or the actions of a particular Owner (or his agents, servants, guests, tenants, or invitees) shall be borne by that Owner. Notice in writing in the amount of such Special Assessments and the time for payment of the Special Assessments shall be given promptly to the Owners, and no payment shall be due less than thirty (30) days after such notice shall have been given. Section 11. 7 Default Assessments. All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Association Documents, shall be a Default Assessment and shall become a lien against such Owner's Lot which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least thirty (30) days prior to the due date. Declaration of Protective Covenants Rose Ran.ch P. UD., Phase I 13~Sep-99 27 I llllll lllll llllll llll llllll llllll lllll Ill lllll llll )Ill 623133 03/18/2003 04~07P B1447 P921 M ALSDORF 38 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 11.8 Effect of Nonpayment; Assessment Lien. .AJ.1y Assessment installment, whether pertaining to any Annual, Special, or Default Assessment, which is not paid within thirty (30) days after its due date shall be delinquent. If an Assessment installment becomes delinque11t, the Association, in its sole discretion, may take any or all of the followin~ actions: (i) Assess a late charge for each delinquency in such amount as the Association deems approp1iate; (ii) Assess an interest charge from the date of delinquency at the yearly rate of two points above the prime rate charged by the Association's bank, or such other rate as the Executive Board may establish, not to exceed twenty-one percent (21 %) per ammm; (iii) Suspend the voting rights of the Owner during any period of delinquency; (iv) Accelerate all remaining Assessment installments so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once; (v) Bring an action at law against any Owner personally obligated to pay the delinquent Assessments; and (vi) Proceed with foreclosure as set forth in more detail below. Assessments chargeable to any Lot shall constitute a lien on such Lot. The Association may institute foreclosure proceedings against the defaulting Owner's Lot in the manner for foreclosing a mortgage on real property under the laws of the State of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the notice of the claim and lien, and all reasonable attorney's fees incurred in connection with the enforcement of the lien. The Association shall have the power to bid on a Lot at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. The Association may bid for the Lot at the foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. While a Lot is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Lot shall be charged, in addition to its usual Assessment, its equal pro rata share of the Assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue for unpaid Common Expenses and costs without foreclosing or waiving the lien securing the same. To the maximum extent pennitted by law, the lien of the Assessments will be superior to and prior to any homestead ex emption provided now or in the future by the law of the State of Colorado, ~md to all other liens and encumbrances except liens and encumbrances recorded before the date of the recording of this Declaration, and liens for governmental assessments or charges imposed against Declamtion of Protective Covenants Rose Ranch P. U.D., Phase I 13-Sep-99 28 1111111 lllll llllll llll llllll llllll lllll Ill lllll llll llll 623133 03/18/2003 04:07P 81447 P922 " ALSDORF 39 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO a Lot by a Colorado govenm1enta1 or political subdivision or special taxing district or any other liens made superior by statute. Section 11.9 Personal Obligation. The amount ofany Assessment chargeable against any Lot sha11 be a personal and individual debt of the Ownerofsame. No Owner may exempt hjmself from liability for the Assessment by abandonment of his Lot or by waiver of the use or enjoyment ofall or any part of the Conunon Area. Sujt to recover a money judgment for unpaid Assessme11ts) any penalties and interest thereon, the cost and expenses of such proceedings, and all reasonable attorney's fees in connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration. Section 11.10 Successor's Liability for Assessments. The provisions of the Act shall govern and control: (a) the obligations of successors to the fee simple title of a Lot on which Assessments are delinquent and (b) the subordination by the lien of the Assessments provided for in this Declaration. Notwithstanding the foregoing or any contrary provision herein, the lien of the Assessments shall represent a prior and senior lien and shall enjoy priority over any First Mortgage recorded subsequent to the recording of the Declaration. Section 11.11 Payment by Mortgagee. Any Mortgagee holding a lien on a Lot may pay any unpaid Assessment payable with respect to such Lot, together with any and all costs and expenses incurred with respect to the lien, and upon such payment that Mortgagee shall have a lien on the Lot for the amounts paid with the same priority as the lien of the Mortgage. Section 11.12 Statement of Status of Assessment Pavment. Upon payment of a rea~onable fee set from time to time by the Executive Board and upon fourteen (14) days' written request to the Manager or the Association's registered agent, any Owner, Mortgagee, prospective Mortgagee, or prospective purchaser of a Lot shall be furnished with a written statement setting forth the amount of the unpaid Assessments, if any, with respect to such Lot. Unless such statement shall be issued by personal delivery or by certified mail, fust class postage prepaid~ return receipt requested,. to the inquiring party (in which event the date of posting shall be deemed the date of delivery) within fourteen ( 14) days, the Association shall have no right to assert a lien upon the Lot over the inquiring party's interest for unpaid Assessments which were due as of the date of the request. Section 11.13 Capitalization of the Association. Upon acquisition of record title to a Lot from Declarant or any seller after Declarant, each Owner shall contribute to the working capital and reserves of the Association an amount equal to twenty-five percent (25%) of the Annual Assessment dete1mined by the Executive Board for that Lot for the year in which the Owner acquired title. Such payments shall not be considered advance payments of the Annual Assessments. The unused portion of the working capital deposit shall be returned to each Owner, without interest, upon the sale ofhis Lot, provided that the new purchaser of the Lot has deposited the required working capital ~eposit with the Association. The Executive Board shall be entitled to make use of the working capital reserves in its discretion following a ten (10) day written notice of its intention to so use the reserves and the purposes therefor is mailed to all of the Owners. Declaration of Protective Coven.ants Rose Ranch P. UD., Phase 1 /3-Sep-99 29 I llllll lllll llllll llll llllll llllll lllll Ill lllll llll llll 623133 03/18/2003 04:07P 81447 P923 M ALSDORF 40 oF 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 11 .14 Rea] Estate Transfer Assessment. If pennitted by law, the Executive Board, in its discretior~, may Jevy a real estate transfer assessment upon the transfer ofreal property within the Prope11y. Any such real estate transfer assessment must be made pursuant to certain unifom1 procedures, limitations and exclusions as are cunently in effect for other similar real estate projects in Garfield County, Colorado. In addition, the procedures, limitations and exclusions must be placed ofrecord by the Association in the Office of the Clerk and Recorder for Garfield County, Colorado~ prior to the enactment of such levy. fa no event shall the real estate transfer assessment rate exceed two percent (2%) of the fair market value of the property being transferred. ARTICLE XII ASSOCIATION AS ATTORNEY-IN-FACT Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful attorney-in-fact for the purposes of dealing with any improvements covered by insurance written in the name of the Association pursuant to Article X upon their damage or destruction as provided in Article XIII, or a complete or partial taking as provided in Article XIV below. Acceptance by a grantee of a deed or other instrument of conveyance from Declarant or any other Owner conveying any portion of the Property shall constitute appointment of the Association as the grantee's attorney- in-fact, and the Association shall have full authorization, right, and power to make, execute, and deliver any contract, assignment, deed, waiver or other instrument with respect to the interest of any Owner which may be necessary to exercise the powers granted to the Association as attorney-in-fact. ARTICLE XIII DAMAGE OR DESTRUCTION Section 13.1 The Role of the Executive Board. Except as provided in Section 13.6, in the event of damage to or destruction of all or part of any Common Area improvement, or other Property covered by insurance written in the name of the Association under Article X, the Executive Board shall arrange for and supervise the prompt repair and restoration of the damaged Property (the Property insured by the Association pursuant to Article X is sometimes referred to as the "Association-Insured Property''). Section 13.2 Estimate of Damages or Destruction. As soon as practicable after an event causing damage to or destruction of any part of the Association-Insured Property, the Executive Board shall, unless such damage or destrnction shall be minor, obtain an estimate or estimates that it deems reliable and complete of the costs ofrepair and reconstruction. "Repair and reconstruction" as used in Article XIII shall mean restoring the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction. Such costs may also include professional fees and premiums for such bonds as the Executive Board or the Insurance Trustee, if any, detennines to be necessaiy. Declaration of Protective Covenants Rose Ranch P. UD., Phase 1 13~Sep-99 30 I 11111111111111111 1111111111111111111111111111111111111 623133 03/18/2003 04:07P Bl447 P924 M ALSDORF 41 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section l 3.3 Repair and Reconstruction. As soon as practical after the damage occurs and any required estimates have been obtained, the Association shal1 diligently pursue to completim1 the repair and reconstruction of the damaged or destroyed Association-Insured Property. As attomey-in- fact for the Owners, the Association may iake any and all necessary or approp1iate action to effect repair and reconstruction of any damage to the Association-Insured Property, and no consent or other action by any Owner shall be necessary. Any repafr and reconstruction of damaged or destroyed Roads shall, at a minimum, meet all standards approved by Garfield County for The Rose Ranch project. Assessments of the Association shall not be abated during the period of insurance adjustments and repair and reconstmction. Section 13.4 Funds for Repair and Reconstruction. The proceeds received by the Association from any hazard insurance carried by the Association shall be used for the purpose of repair, replacement, and reconstruction of the Association-Insured Property. If the proceeds of the Association's insurance are insufficient to pay the estimated or actual cost of such repair, replacement, or reconstruction, or if upon completion of such work the insurance proceeds for the payment of such work are insufficient, the Association may, pursuant to Article XI, Section 11.6. but subject to applicable law, levy, assess, and collect in advance from the Owners, without the necessity of a special vote of the Owners, a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair and reconstruction. Further levies may be made in like manner if the amounts collected prove insufficient to complete the repair, replacement or reconstruction. Section 13.5 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by the Association and the amounts received from the Special Assessments provided for above constitute a fund for the payment of the costs ofrepair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds, and the balance from the Special Assessments. If there is a balance remaining after payment of all costs of such repair and reconstruction, such balance shall be distributed to the Owners in proportion to the contributions each Owner made as Special Assessments, then in equal shares per Lot, first to the Mortgagees and then to the Owners, as their interests appear or, in the reasonable discretion of the Executive Board, the balance may be paid to any maintenance over working capital reserves maintained by the Executive Board. Section 13 .6 Decision Not to Rebuild Common Area. If Owners representing at least 67% of the total allocated votes in the Association (other than Declarant) and 5 I% of the Mortgagees holding First Mortgages (based on 1.0 vote for each Mortgage which encumbers a Lot) and all directly adversely affected Owners agree in writing not to repair and reconstruct improvements within the Conunon Area and if no alternative improvements are authorized, then and in that event the damaged property shall be restored to its natural state and maintained as an undeveloped portion of the Common Area by the Association in a neat and attractive condition. In the event such a written agreement not to repair or reconstruct is made regarding any Road, such decision must Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 31 1111111 111111111111111 11111111111111111111111111 1111111 623133 03/18/2003 04:07P 81447 P925 M ALSDORF 42 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO additionally receive the written consent of the Board of County Commissioners, Garfield County, C()lorado. Any remaining insurance proceeds shall be distributed in accordance with the Act. ARTICLE XIV CONDEMNATION Section 14.l Rights of Owners. Whenever all or any part of the Common Area shalJ be taken by any authority having power of condemnation or eminent domain or whenever all or any pait of the Common Area is conveyed in lieu of a talcing under threat of condemnation by the Executive Board acting as attorney-in-fact for all Owners under instmctions from any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice of the taking or conveying. The Association shall act as attorney-in-fact for all Owners in the proceedings incident to the condemnation proceeding, unless otherwise prohibited by Jaw. Section 14.2 Partial Condemnation; Distribution of Award; Reconstruction. The award made for such taking shall be payable to the Association as trustee for those Owners for whom use of the Common Area was conveyed and, unless otherwise required under the Act, the award shall be disbursed as follows: If the taking involves a portion of the Common Area on which improvements have been constructed, then, unless within sixty days after such talcing Declarant and the Owners who represent at least 67% of the votes of all of the Owners shall otherwise agree> the Association shall restore or replace such improvements so taken on the remaining land included in the Common Area to the extent lands are available for such restoration or replacement in accordance with plans approved by the Executive Board and the Design Review Board. If such improvements are to be repaired or restored, the provisions in Article XIII above regarding the disbursement of funds with respect to casualty damage or destruction which is to be repaired shall apply. If the taking does not involve any improvements on the Common Area, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed, then such award or net funds shall be distributed in equal shares per Lot among the Owners, first to the Mortgagees and then to the Owners, as their interests appear. Section 14.3 Complete Condemnation. If all of the Prope11y is taken, condemned, or sold, or otheiwise disposed of in lieu of or in avoidance of condemnation, then the regime created by this Declaration shall terminate, and the portion of the condemnation award attributable to the Common Area shall be disttibuted as provided in Al1icle XIII~ Section 13.5, above. ARTICLE XV EXP ANSI ON, SUBDIVISION AND WITHDRAW AL Section 15.1 Reservation of Expansion and Withdrawal Rights. Declaration of Protective Covenants Rose Ranch P. U.D.i Phase 1 13-Sep--99 32 111111111111111111 1111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P926 M ALSDORF 43 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO A Declarant reserves the dght for itself and any Successor Declarant at any time a11d from time to time, to add the Annexable Property to the Prope1iy. In accordance with the foregoing, each Owner of a Lot hereunder hereby grants to Declarm1t and any Successor Declarant, the right to add the Annexable Prope1iy to the Property and to modify such Owner's rights in and to the Common Area and Association, as more particularly set forth in Section 15.4. Notwithstanding the foregoing, Dec]arant is authorized to convey portions of the Annexable Prope1iy prior to its addition, to such third party or parties as it may deem appi·opriate, whether for purposes consistent with this declaration or otheiwise. B. Declarant reserves the right to add additional, unspecified real estate to the Property to the fullest extent pem1itted by the Act. C. Declarant reserves the right to subdivide any Lot into two or more Lots, and to create duplexes or multi-family facilities on any Lot either pursuant to re-subdivision, the subjection of such duplexes or multi-family units to a common interest ownership regime or other lawful means. D. To the maximum extent permitted by the Act, Declarant reserves the right for itself and any Successor Declarant any time and from time to time to withdraw from the provisions of this Declaration any real property subject to this Declaration or subjected to this Declaration by a duly recorded Supplemental Declaration, and, if necessary, Supplemented Plat prior to the time of a sale of a Lot within that phase of the Property as described in this Declaration or in said Supplemental Declaration and, if necessary, Supplemental Plat. E. The new Lots shall be subject to all of the tenns and conditions of this Declaration and of any Supplemental Declaration, upon placing the SuppkmentaJ Declaration and, if necessary, the Supplemental Plat(s) of public record in the real estate records of Garfield County, Colorado. Section 15.2 Supplemental Declarations and Supplemental Plats. Such expansionmay be accomplished by the filing for record by Declarant in the Office of the Clerk and Recorder for Garfield County, Colorado, of one or more Supplemental Declarations and, if the real property being subject to this Declaration by such Supplemental Declaration has not been previously platted in a plat recorded in the Office of the Clerk and Recorder for Garfield County, Colorado, of a Supplemental Plat depicting such real prope11y recorded concurrently with the applicable Supplemental Declaration. The Supplemental Declaratjon shall set forth the Lots and other real property, if any, to be included in the expansion, together with any covenants, conditions, restiictio11s and easements particular to such property. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion. Declarant may exercise such rights for expansion in whatever order of development Declarant in its sole discretion dete1mines. Declarant shall not be obligated to expand the real property subject to this Declaration. Declaration of Protective Covenants Rose Ranch P.U.D., Phase I J 3-Sep-99 33 111111111111111111111111111111111111111 Ill fllllf Ill I Ill 623133 03/18/2003 04:07P 81447 P927 M ALSDORF 44 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 15 .3 Expansion of Definitions. In the event of such expansio11, resubdivis]on or creation of condomfruum, duplex, town home or othermulii-family unjts, the definitions used in this D~laration shall be expanded automatically to encompass and refer to the Property subject to this Declaration as so expanded, resubdivided or created in condominiums, duplexes, town homes or multi-family units. For example, uLot'' shall mean the Lots as shown on the Plat plus any additional Lots added by a Supplemental Declaration and, if 11ecessary, Supplemental Plat or Plats (but avoiding duplication such that if three town homes were created from one Lot) then there would be a net two additional Lots), and reference to this Declaration shall mean this Declaration as supplemented. All conveyances of Lots shall be effective to transfer rights in the Property as expanded. Section I 5.4 Effect of Expansion. A. Upon the inclusion of additional Lots under this Declaration by the filing of a Supplemental Declaration(s) and, if necessary Supplemental Plat(s) thereof, the Sharing Ratio applicable to a Lot shall automatically be reduced to a fraction, the numerator of which shall be one (I) and the denominator of which shall be equal to the aggregate number of Lots then subject to this Declaration. Such reduction in the Sharing Ratio appurtenant to a Lot shall be reflected and set forth in the Supplemental Declaration. B. Notwithstanding any inclusion of additional Lots under this Declaration, each Owner shall remain fully liable with respect to its obligation for the payment of the Common Expenses of the Association, including the expenses for such new Common Area, costs and fees, if any. The recording of a Supplemental Declaration or Supplemental Plat shall not alter the amount of the Common Expenses assessed to a Lot prior to such recording. Section 15.5 Termination of Expansion and Development Rights. The rights reserved to the Declarant for itself, its successors and assigns for the expansion and development pursuant to Section 15.1 (''Expansion and Development Rights") shall expire twenty (20) years from the date ofrecording this Declaration, unless terminated earlier pursuant to the tenns and provisions of the Act, or unless the Expansion and Development Rights are (i) extended as allowed by law or (ii) reinstated or extended by the Association, subject to whatever terms, conditions, and limitat.ions the Executive Board may impose on the subsequent exercise of the Expansion and Development Rights by Declarant. ARTICLE XVI DESIGN GUIDELINES AND REVIEW BOARD Section 16.1 Design Review Board and Guidelines. There is hereby established a Design Review Board (the ''Design Review Board"), which will be responsibJe for the establishment and administration of Design Guidelines to facilitate the purpose and intent of this Declaration. Declaration of Protective C..ovenants Rose Ranch P. U.D., Phase I 13-Sep-99 34 I llllll llJll llllll llll llllll llllll lllll Ill I 11111 1111111 623133 03/18/2003 04:07P B1447 P928 M ALSDORF 45 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 16.2 Purpose and General Authority. The Design Review Boa.rd will review, study and either approve or reject proposed improvements on the Prope1iy, a]] in compliance with this Declaration and as further set forth in the Design Guidelines and such rules and regulations as the Desjgn Review Board may establish from time to time to govern its proceedings. No improvement will be erected, placed, reconstrncted, replaced, repaired or otherwise aJtered, nor will any constmction, repair or reconstruction be commenced until plans for the improvements sha11 have been approved by the Design Review Board; provided, however, that improvements that are completely within a dwelling structure may be undertaken without such approval. Section 16.3 Board Discretion. The Design Review Board will exercise its reasonable judgment to see that all improvements conform and hannonize with any existing structures as to external design, quality and type ofconstruction, seals, materials, color, location on the building site, height, grade and finished ground elevation, landscaping, and the schemes and aesthetic considerations set forth in the Design Guidelines and other Association Documents. The Design Review Board, in its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate in specific situations and may pennit compliance with different or alternative requirements. The approval by the Design Review Board of improvements on the Property shall cany no precedential weight when reviewing subsequent requests for approvals, and the Design Review Board shall not be required to approve requests for the same or similar improvements. Section 16.4 Design Guidelines. The Design Guidelines may include, among other things, at the sole discretion of the Design Review Board, the restrictions and limitations set forth below: (i) Procedures and necessary fees for making application to the Design Review Board for design review approval, including the documents to be submitted and the time limits in which the Design Review Board must act to approve or disapprove any su,bmission. (ii) Time limitations for the completion, within specified periods after approval, of the improvements for which approval is required under the Design Guidelines. (iii) Designation of the building site on a Lot and establishing the maximum developable areas of the Lot. (iv) be developed on any Lot; Minimum and maximum square foot areas of living space that may (v) Landscaping regulations, with limitations and restiictions prohibiting the removal or requiring the replacement of existing trees, the type and use of plants, and other practices benefitting the protection of the enviro1m1ent, conservation of water, aesthetics and architectural harmony of The Rose Ranch. Declaration of Protective Coven.ants Rose Ranch P.UD., Phase 1 J 3-Sep-99 35 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P929 M ALSDORF 46 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO (vi) General instructions for the construction, reconstruction, refinjshing or alteration of any improvement, incJuding any pla11 to excavate, fi]J or make any other tempora1y or pern1anent change in the natural or existing surface contour or drahrnge or any installation or utility lines or conduits on the Property, addressing matters such as loading areasl waste storage, trash removal, equipment and materials storage, gradingl transfonners and meters. The Design Review Board may amend, repeal and augment the Design Guideli11es from time to time, in the Design Review Board's sole discretion. The Design Guidelines will be binding on alJ Owners and other persons governed by this Declaration. Notwithstanding the foregoing, the Design R~view Board is empowered in its discretion to grant variances from the requirements of the Design Guidelines under unique or unusual circumstances. Section 16.5 Design Review Board Membership. The Design Revjew Board will be composed of not Jess than three (3) persons nor more than five (5) persons. The Design Review Board need not include any Member of the Association. All of the members of the Design Review Board will be appointed, removed and replaced by Declarant, in its sole discretion, until all the Lots comprising the Property are sold unless required otherwise by the Act, or such earlier time as Declarant may elect to voluntarily waive this right by notice to the Association) and at that time the Executive Board will succeed to Declarant's right to appoint, remove or replace the members of the Design Review Board. Section 16.6 Organization and Operation of Design Review Board. A. The term of office of each member of the Design Review Board, subject to Section 16.5, will be one year, commencing Januru.y 1 of each year, and continuing until his successor shall have been appointed. Should a Design Review Board member die, retire or become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed as provided below. B. So long as Declarant appoints the Design Review Board, Declarant will appoint the chairman. At such time as the Design Review Board is appointed by the Executive Board, the chairman will be elected annually from among the members of the Design Review Board by a majority vote of such members. In the absence of a chainnan, the party responsible for appointing or electing the chainnan may appoint or elect a successor, or if the absence is tempora1y, an interim chainnan. C. The Design Review Board chaim1an will take charge of and conduct all meetings and will provide reasonable notice to each member of the Design Review Board prior to any meeting. The notice will set fmih the time and place of the meeting, and notice may be waived by any member. D. The affinnative vote of majority of the members of the Design Review Board will govern its actions and be the act of the Design Review Board. Declaration of Protective Covenants Rose Ranch P. U.D., Phase l 13-Sep-99 36 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P930 M ALSDORF 47 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO E. The Design Review Board may avai] itse]fofother teclmical and professional advice and consultants as its deems appropriate, and the Design Review Board may delegate its pJan review responsibifa]es, except final review and approval, to one or more of its members or tq consultants retained by the Design Revjew Board. Upon that delegation, the approval or disapproval . JI- of plans and specifications by such member or consultant will be equivalent to approval 01:.-./ disapproval by the entire Design Review Board. Section 16.7 Expenses. Except as provided in this Section below, all expenses of the Design Review Board will be paid by the Association and will constitute a Common Expense. The Design Review Board will have the righ~ to charge a fee for each application submitted to it for review, ill an amount which may be established by the Design Review Board from time to time, and such fees will be collected by the Design Review Board and remitted to the Association to help defray the expenses of the Design Review Board's operation. Further, the Design Review Board may retain the services of a third party consultant to assist the Design Review Board in reviewing a particular application. In such event, the Design Review Board may charge the appllcant for the professional fees incurred in retaining such consultant. Section 16.8 Other Requirements. Compliance with the Association's design review process is not a substitute for compliance with County of Garfield building, zoning and subdivision regulations, and each Owner is responsible for obtaining all approvals, licenses, and permits as may be required prior to commencing construction. Further, the establishment of the Design Review Board and procedures for architectural review will not be construed as changing any rights or restrictions upon Owners to maintain and repair their Lots and improvements as otherwise required under the Association Documents. Section 16.9 Limitation of Liability. Neither the Design Review Board nor any individual Design Review Board member will be liable to any person for any official act of the Design Review Board in connection with submitted plans and specifications, except to the extent the Design Review Board or any individual Design Review Board member acted with malice or wilful wrongful intent. Approval by the Design Review board does not necessarily assure approval by the appropriate governmental or commission for the County of Garfield. Notwithstanding that the Design Review Board has approved plans and specifications, neither the Design Review Board nor any of its members will be responsible or liable to any Owner, developer or contractor with respect to any loss, liability, claim or expense which may arise by reason or such approval of the construction of the improvements. Neither the Executive Board, the Design Review Board, nor any agent thereof, nor Declarant, nor any of its partners, employees, agents or consultants will be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the provisions of the Association Documents, nor for any stlllctural or other defects in any work done according to such plans and specifications. In all events the Design Review Board will be defended and indemnified by the Association in any such suit or proceeding which may arise by reason of the Design Review Board's decisions. The Association, however, will not be obligated to indemnify each member of the Design Review Board to the extent that any such member of the Design Review Declaration of Protective Covenants Rose Ranch P. UD., Phase I 13-Sep-99 37 I llllll lllll llllll llll llllll llllll lllll lll llllll Ill llll 623133 03/18/2003 04:07P B1447 P931 M ALSDORF 48 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Board is adjudged to be liable for malice or wilful wrongful intent in the perfonnance of hfa duty as a member of the Design Revjew Board, unless and then only to ihe extent that the court in which such action or suit may be brought detern1ines upon application that, despite the adjudication or liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expense as such court sha11 deem proper. Section 16.l 0 Enforcement. A Any member or authorized consultant of the Design Review Board, or any authorized officer, Director, employee or agent of the Association may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed gujlty of trespass, in order to inspect improvements constructed or under construction on the Lot to determine whether the improvements have been or are being built in compliance with the Association Documents and the plans and specifications approved by the Design Review Board. B. Before any improvements on a Lot may be occupied, the Owner of the Lot will be required to obtain a temporary certificate of compliance issued by the Design Review Board indicating substantial completion of the improvements in accordance with the plans and specifications approved by the Design Review Board, and imposing such conditions for issuance of a final certificate of compliance issued by the Design Review Board as the Design Review Board may determine appropriate in its reasonable discretion. Without limiting the generality of the preceding sentence, the Design Review Board may require that the Owner deposit with the board such sums as may be necessary to complete the construction and landscaping on the Lot by a specified date. If the construction and landscaping is not completed as scheduled, the Design Review Board may apply the deposit to cover the cost of completing the work and enforce such other remedies as are available to the Association for the failure of the Owner to comply with these covenants, including, without limitation, the remedies set forth in this Section. C. Upon completion of construction, the Design Review Board will issue an acknowledged certificate of compliance setting forth generally whether, to the best of the Design Review Board's knowledge, the improvements 011 a particular Lot are in compliance with the tenns and conditions of the Design Guidelines. D. Every violation of these covenants is hereby declared to be and to constitute a nuisance, and eve1y public or private remedy allowed for such violation by law or equity against a Member will be applicable. Without limiting the generality of the foregoing, tlJese covenants may be enforced as provided below: (i) The Design Review Board may adopt a schedule of fines for failure to abide by the Design Review Board rules and the Design Guidelines, including fines for failure to obtain any required approval from the Design Review Board. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 38 111111111111 llllll llll llllll llllll lllll Ill llllll Ill llll 623133 03/18/2003 04:07P 81447 P932 " ALSDORF 49 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO (ii) The Association, upon request of the Design Review Board and after reasonable notice to the offender and, if different, to the Owner, may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty of trespass, and remove any improvement constmcted, reconstructed., refinished, altered or maintained in violation of these covenants. The Owner of the jmprovement will immediately reimburse the Associatjon for all expenses i.ncmTed in connection with such removal. If the Owner fails to reimburse the Assoc1ation wjthin thi11:y (30) days after the Association gives the Owner notice of the expenses, the sum owed to the Association will bear interest at the default rate from the date of the advance by the Association through the date of reimbursement in full, and a1I such sums and interest will be a Default Assessment enforceable as provided in Article XI. (iii) All improvements commenced on the Property will be prosecuted diligently to completion as.11d will be completed within one (l) year after commencement, w1less an exception is granted in writing by the Design Review Board. If an improvement is commenced and construction is then abandoned for more than ninety (90) days, or if construction is not completed within the required one (1) year period, then after notice and opportunity for hearing as provided in the Bylaws, the Association may impose a fine of$1,000per day (or such other reasonable amount as the Association may set) to be charged against the Owner of the Lot until construction is resumed, or the improvement is completed, as applicable, unless the Owner can prove to the satisfaction of the Executive Board that such abandonment is for circumstances beyond the Owner's control. Such charges will be a Default Assessment and lien as provided in Article XI. Section 16.11 Binding Effect. The actions of the Design Review Board in the exercise of its discretion by its approval or disapproval of plans and other infonnation submitted to it or with respect to any other matter before it will be conclusive and binding on all D:terested parties. ARTICLEXVIl PROPERTY USE RESTRICTIONS Section 17.1 General Restriction. Subject to Declarant's rights under this Declaration, the Property will not be used for any purpose other than as set forth in these covenants, as permitted by any applicable ordinances of the County of Garfield and the laws of the State of Colorado and the United States, and as set forth in the Association Documents or other specific recorded covenants affecting all or any pa1t of the Property. A. Use ofLots. Subject to Section 17.5, which pennits certain business uses of a Lot, and Section 3.5.F, which pem1its model residences and offices under certain circumstances, each Lot may be used only for residential pUI]Joses in accordance with the restrictions applicable to a particular Lot set forth in this Declaration, the Plat, P.U.D. Resolutions of Approval and P.U.D Map. No business or commercial building may be erected on any Lot and, except as noted above, no business or commercial enterp1ise or other non-residential use may be conducted on any pa1i of a Lot. Declaration of Protective Covenants Rose Ranch P. U.D., Phase I J 3-Sep-99 39 111111111111111111111111111111111111111111111111 1111111 623133 03/18/2003 04:07P 81447 P933 M RLSDORF 50 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO B. Excavation. No excavation will be made except in connection wjth improvements approved as provided in these covenants. For purposes of this Section, "excavation" means any disturbance of the surface of the land which results in a removal of earth, rock, trees, or other substance a depth of more than eighteen (18) inches below the natural surface of the land. C. Water aJJd Sanitation. Each structure designed for occupru1cy shall connect with the sanitation facilities made available by the Roaring Fork Water and Sanitation District and the domestic and irrigation facilities made available by the Association and/or other approved utility provider. D. Wells/Diilling. No well from which water, oil or gas is produced will be dug, nor will storage tanks, reservoirs, or any installation of power, telephone or other utility lines (wire, pipe or condujt) be made or operated anywhere on the Property except in com1ection with water wells and works operated by public agencies or duly certified public utility companies; provided, however, that the foregoing will not prevent the drilling of or installation of additional water wells by Declarant or its assigns. The drilling or excavation for minerals shall not be permitted on the Property E. Ante1mae. No exterior radio, television, microwave or other antennae or antennae dish or signal capture and distribution device will be permitted without the prior written consent of the Design Review Board, and appropriate screening. F. Signs. No signs of any kind will be displayed to the public view on or from any portion of the Property except signs ofDeclarant or its affiliates, assigns or designees established during the period ofDeclarant control of the Executive Board (including, without limitation, certain informational, directional and multi-family project signs) or signs required by law or signs approved by the Design Review Board. No "For Sale" or "For Rent" sign may be posted on any Lot, except for standard "for sale" or "for rent" signs that do not exceed four square feet. G. Animals and Pets. No animals, livestock, or poultry of any kind will be kept, raised, or bred on any portion of the Property, except dogs (subject to the limitations in Section XVIII herein), cats or other household pets (the kind and number of which may be regulated, pemritted or prohibited from time to time by the Association Rules). H. Containment. Household pets, such as dogs and cats, may not be pennitted to run at large at any time. Those pets which, in the sole discretion of the Executive Board, make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants or other Lots or wildlife shall be removed upon request of the Executive Board. If the pet owner fails to honor such request, the Executive Board may remove the pet. I. Drainage. No Owner will do or pennit any work, place any landscaping or install any other improvements or suffer the existence of any condition whatsoever which will alter Declaration of Protective Covenants Rose Ranch P. U.D.i Phase 1 J 3-Sep-99 40 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P934 M ALSDORF 51 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO or interfere with the drainage pattern for the Prope1iy, except to the extent such alteration and drainage pattern is approved in writing by the Design Rev]ew Board or the Executive Board, and except for rights reserved to Declarant to a.her or change drainage patterns. J. Construction Regulations of the Design Guidelines. A1l Owners and contractors wi11 comply with thepmtions of the Design Guidelines regulating construction activities. Such regulations may affect, without Jjm.itation, the following: trash and debris removal; sanitary facilities; parking areas; outside storage; restoration of damaged property; conduct and behavior of builders, subcontractors and Owners' representatives on the Property at any time; the conservation of landscape materials; and fire protection. · K. Blasting. If any blasting is to occur, the Design Review Board and Declara.nt will be infonned far enough in advance to allow them to make such investigation as they deem necessary to confirm that appropriate protective measures have been taken prior to the blasting. No blasting shall occur without such priorwiitten approval. Notwithstanding the foregoing, no approval of any blasting by Declarant of the Design Review Board will in any way release the person conducting the blasting from all liability in connection with the blasting, nor will such approval in any way be deemed to make Declarant or the Design Review Board liable for any damage which may occur from blasting, and the person doing the blasting will defend and hold hannless and hereby indemnifies Declarant and the Design Review Board from any such expense or liability. Declarant or the Design Review Board may impose any reasonable conditions and restrictions, including time and date restrictions, on all blasting. L. Temporary Structures. No temporary structures will be pennitted except as may be determined to be necessary during construction and as specifically authorized by the Design Review Board. M. No Conversion. No Owner shall construct or convert any carport, garage, attic or other unfinished space, other than a basement, to finished space for use as an apartment or other integral part of the living area on any residence without approval of the Design Review Board, the Association and the Garfield County Building Department. N. No Outside Clotheslines. No laundry or wash will be dried or hung outside on the Prope1iy. 0. Motorized Vehicles. No trucks, trail bikes, recreational vehicles, motor homes, motor coaches, snowmobiles, campers, trailer, boats or boat trailers or si... · ides, other than passenger automobiles or pickup or utility trucks with a capacity o:f(cme-half ton or 1 s, or any other motorized vehicles will be parked, stored or in any.manner kept dt--~laGoo-o y portion of the Property except in an enclosed garage. This restriction, however, will not be deemed to prohibit conunercial and constmction vehicles and construction mobile offices, in the ordinary course of business, from making delive1ies or othenvise providing services to the Property or for Declarant or the other Owners. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13·Sep-99 41 I llllll lllll llllll llll llllll llllll lllll lll lllllll 111111 623133 03/18/2003 04:07P 81447 P935 H ALSDORF 52 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO P. Parking and Auto Repair. No automobiles or other vehicles wi11 be parked in any street or upon any pmiion of the Property, except within garages, carports or designated parking areas, except as provided herein. No work on automobiles or other vehicle repair will be perfonned in any visible or exposed portion of the Prope1ty except in emergencies. Q. Abandoned, Inoperable, or Oversized Vehicles. No abandoned or inoperable vehicles of any kind will be stored or parked on any portion of the Property, other than within enclosed garages, except as provided below. "Abandoned or inoperable vehicle" is defined as any vehicle which has not been driven under its own propulsion for a period of three weeks or longer; provided, however, this will not include vehicles parked by Owners whjle on vacation or residing away from the Property. A written notice describing the "abandoned or inoperable vehicle" and requesting its removal may be personally served upon the Owner or posted on the unused vehicle. If such vehicle has not been removed within seventy-two (72) hours after notice has been given, the Association will have the right to remove the vehicle without liability, and the expense ofremoval wm be a Default Assessment charged against the Owner as provided in Section XI. All unsightly or oversized vehicles, snow removal equipment, garden maintenance equipment, and all other unsightly equipment and machinery may be required by Declarant or the Executive Board to be stored at a designated location or locations. "Oversized" vehicles, for purposes of this Section, will be vehicles which are too high to clear the entrance to a residential garage. R. Outside Burning. There will be no exterior fires, except barbecues and braziers and incinerator fires contained within facilities or receptacles and in areas designated and approved by the Design Review Board. No Owner will pennit any condition upon its portion of the Property which creates a fire hazard or is in violation of fire prevention regulations. No Owner shall permit any fireworks, except as permitted by the rules of the Association and in compliance with applicable law. S. Noise. No exterior horns, whistles, bells or other sound devices except security devices used exclusively to protect the security of the Property or improvements, will be placed or used on any portion of the Property. T. Lighting. All exterior lighting of the improvements and grounds on the Property, or interior lighting visible outside of any building, will be subject to regulation by the Design Review Board. U. Obstmctions. There will be no obstmction of any walkways or bike paths or interference with the free use of those walkways and paths except as may be reasonably required in connection with repairs. The Owners, their families, tenants, guests and invitees are granted non-exclusive easements to use the walkways and paths within the Prope1iy. That use will be subject to the Association mles adopted by the Executive Board from time to time. Declaration. of Protective Covenants Rose Ranch P. U.D., Phase 1 l 3-Sep-99 42 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P936 M ALSDORF 53 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO V. Trail Restrictions. Any trail easements shown on the Plat, as contrasted to Roads, are restricted to biking, cross-country skiing, snowshoeing and mountain biking. No motorized vehicles are pennitted on the trail easements, provjded, however, the right to use golf carts upon the trail easements depicted upon the Plat as "Golf Easements" shall be penn]tted so long as the golf cart is used for transpmtation to or from the Golf Course or during the no1111al course of play of golf upon the Golf Course. W. Fence Restriction. No fence, wall, hedge or mass planting shall be constructed or pennitted without the express written approval of the Design Review Board. X. Camping and Picnicking. No camping or picnicking will be allowed with.in the Property except in those areas designated for those purposes. The Executive Board) in its discretion, may ban or pennit public assemblies and rallies within the Property. Y. House Numbers. Each dwelling unit will have a house number with a design and location established by the Design Review Board. Z. Nuisance. No obnoxious or offensive activity will be carried on within the Property, nor will anything be done or permitted which will constitute a public nuisance. No noise or other nuisance will be pem1itted to exist or operate upon the Property so as to be offensive or detrimental to any other part of the Property or its occupants. AA. Hazardous Material. No hazardous or toxic materials (as defined under any local, state or Federal law> regulation or ordinance) will be stored) generated, emitted from, released from, transported to or from, disposed of or used on the Property, except for normal household purposes in such quantities as do not violate environmental laws. BB. Water Use. Lawn and garden irrigation from the Association's domestic water system shall be limited per Lot to no more than ten thousand (10,000) square feet. CC. Sewage Disposal. No sewage disposal system, sanitary system, cesspool or septic tank shall be constmcted, altered or allowed to remain or to be used on any Lot except as provided herein. All Lots within the Property shall be connected to a central sewage disposal system operated and maintained by Roaring Fork Water and Sanitation District or such other water and sanitation district or govenunental or quasi-governmental agency providing sewage disposal services to the Property. Any sewage disposal system installed for Property within the Prope1ty shall be subject to applicable laws, ml es and regulations of any govenunental authority having jurisdiction. DD. Wetlands. No improvement shall be constructed within 25 feet of any Wetlands boundary as depicted upon the Plat, a:nd no residence shall be constmcted outside the boundaries of the building envelope existing upon certain Lots as depicted upon the Plat. Declaration of Protective Coven.ants Rose Ran.ch P. U.D., Phase 1 13-Sep-99 43 I 111111 11111 1111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P937 M ALSDORF 54 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO EE. Tanks. No elevated tanks of any kind shall be erected, placed, or pem1W:ed upon any Lot. FF. General Practices Prohibited. The following practices are prohibited at the Prope1iy: (i) Allowing construction suppliers and contractors to clean their equipment other than at a location designated for that purpose by the Design Review Board; (ii) Removing any rock, plant material, top soil or similar items from any property of others; (iii) Carrying fireanns on the Property; (iv) Use of surface water for constmction; (v) Careless disposition of cigarettes and other fla1mnable materials; (vi) Capturing, trapping or killing of wildlife within the Property, except in circumstances posing an imminent threat to the safety of persons using the Property; or (vii) Any activity which materially disturbs, threatens or destroys the vegetation, wildlife, wetlands, or air or water quality within the Property or which use excessive amounts of water or which result in unreasonable levels of sound or light pollution. Section 17.2 Use of Property During Construction. It will be expressly permissible and proper for any Owner acting '\\rith the prior written consent of the Design Review Board and for Declarant, and theirrespective employees, agents, independent contractors, successors, and assigns involved in the construction of improvements on, or the providing of utility service to, the Property, the Golf Course, or other real property owned by Declarant, to perform such activities and to maintain upon portions of the Common Area as they deem necessary such facilities as may be reasonably required, convenient, necessary or incidental to such construction and development of the Property. This pem1ission specifically includes, without limiting the generality of the foregoing> maintaining storage areas, 4:-0nstruction yards, model residences, sales offices, management offices and equipment and signs. However, no activity by any Owner will be perfonned and no facility will be maintained on any portion of the Property in such a way as to umeasonably interfere with the use, enjoyment or access of such Owner or his tenants or guests of and to his Lot. If any Owner's use under this provision is deemed objectionable by the Design Review Board, then the Design Review Board, in its sole discretion, may withdraw this pennission. Section 17.3 Pai1ition or Combination of Lots. No part of a Lot may be partitioned or separated from any other pari thereof. No Lots may be combined, but the Ownei· of two or mote contiguous Lots may build one single family dwelling unit on the contiguous Lots, upon comp lying Declat·ation of Protective Coven.ants Rose Ranch P.U.D., Phase J l 3-Sep-99 44 I llllll 1111111llll llll llllll llllll lllll Ill lllllll II llll 623133 03/18/2003 04:07P B1447 P938 H ALSDORF 55 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO with all applicable requirements ofthe County of Garfield) and wW1 a11 applicable Design guidelines, including, without limitation, procedures for adjusting building sites otherwise drawn for the Lots to accommodate a larger dwelling unit, minimum and maximum limitations of living area that may be constructed on any given number of contiguous Lots, and measures necessary to preserve any easements reserved with respect to the contiguous Lots. The fact that two or more contiguous Lots may be owned by one person and developed with one single family dwelling unit will not affect the number of votes or the amount of Assessments allocated to the Lots. If the Owner is required by the County of Garfield or any other governmental authority or by a Mortgagee to replat the Lots in order to construct improvements on the Lots, the number of votes and the allocation of Assessments to the Lots after replatting will equal the sum of the votes and Assessments allocated to the Lots before replatting. Each Lot will be conveyed, transferred, gifted, devised, bequeathed, encumbered or otherwise disposed of, as the case may be, with all appurtenant rights and interests created by law or by this Declaration, including the Owner's membership in the Association and the right to use the Common Area, and with the appropriate a11ocation of voting rights and liability for Assessments established for the Lot as provided in this Declaration. Section 17.4 Leasing. The Owner of a Lot will have the right to lease his Lot, subject to the following conditions: (viii) All leases will be in writing. (ix) The lease shall be specifically subject to the Association Documents, and any failure of a tenant to comply with the Association Documents will be a default under the lease, enforceable by the Association. (x) The Owner shall be liable for any violation of the Association Documents committed by the Owner~s tenant, without prejudice to the Owner's right to collect any sums by the Owner on behalf of the tenant. Section l 7 .5 Businesses. No Owner shall conduct any business, trade, garage sale, moving sale, rummage sale or similar activity on any Lot, except that an Owner or occupant residing on a Lot may conduct business activities within the residence so long as: {a) the existence or operation of the business activity is undetectable to the senses of sight, sound or smell from outside the residence; (b) the business activity confonns to all zoning requirements fqr the Property; (c) the business activity may be carried out within the confines of the residence and is free from regular visitation of the residence by clients, customers, suppliers or other business invitees or door-to-door solicitation of residents of the Prope1iy; and ( d) the business activity is consistent with the residential character of the Property; or such business activity satisfies the definition of home-based day care contained within the zone district text for the Rose Ranch P.U.D. Declaration of Protective Covenants Rose. Ranch P. U.D., Phase I 13-Sep-99 45 I llllll lllll llllll llll llllll llllll lllll Ill lllllll II llll 623133 03/18/2003 04:07P B1447 P939 M ALSDORF 56 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO This subsection shall not apply to any activity conducted by the Dec]arant or a builder approved by the Declarant with respect to the development and sale of the Prope1iy, or the Declarant's use of any Lot Section 17 .6 Compliance with Laws. Subject to the rights ofreasonable contest) each Owner will promptly comply with the provisions of all applicable Jaws, regulations, ordinances, and other governmental or quasi-governmental regulations wjth respect to all or any portion of the Property. Each owner will abide by any wildlife regulations imposed by the Association or any agency or authority having jurisdiction over the Property. Section 17.7 Enforcement. Notwithstanding anything in the foregoing to the contrary, the Executive Board may prohibit any ac6vity, business or otherwise, which, in the sole direction of the Executive Board, constitutes a nuisance, or a hazardous or offensive use, or threatens the security, safety, or quiet enjoyment of other residents of the Property. The Association may take such action as it deems advisable to enforce these covenants as provided in this Declaration. In addition) the Association will have a right of entry on any part of the Property for purposes of enforcing these Articles, and any costs incurred by the Association in connection with such enforcement which remain unpaid thirty (30) days after the Association has given notice of the cost to the Owner and otherwise complied with Act will be subject to interest at the default rate from the date of the advance by the Association through the date of payment in full by the Owner, and will be treated as a Default Assessment enforceable as provided in Article XI. Section 17.8 Use of the Words "The Rose Ranch" or Logo. No Person shall use the words "The Rose Ranch" or any derivative thereof, or any other name given to the Property by the Declarant, or the logo ofthedevelopmentin anyprintedorpromotionalmaterial withoutDeclarant's prior written consent. However, Owners may use the term "The Rose Ranch" in printed m promotional matter where such term is used solely to specify that particular property is located within The Rose Ranch and the Association shall each be entitled to use the word ''The Rose Ranch" in its name. Section 17 .9 Agreements with Adjacent Property Owners. The owners of some or all of the nonresidential properties adjacent to the Property may be obligated to share in certain costs associated with the maintenance, repair, replacement and insurance of portions of the Common Area, if any, which are used by or benefit jointly the owners of such nonresidential properties and the Owners within the Property, by agreement, contract or covenant to share costs. The owners of the nonresidential properties shall not be subject to the reshictions contained in this Declaration except as othei:wise specifically provided herein. ARTICLE XVIII· ADDITIONAL RESTRICTIONS FOR WILDLIFE PROTECTION Declaration of Protective Covenants Rose Ranch P.UD., Phase I l 3-Sep-99 46 I llllll lllll llllll llll llllll llllll lllll Ill lllllll II llll 623133 03/18/2003 04:07P 81447 P940 M ALSDORF 57 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section t8. l W]ldlifeRestrictions. Inordertopreserve, protect and promote the well being of The Rose Ranch ,s existing wildlife> the use of the Property, and each Lot thereon, and the rights and easements of enjoyment in and to the Common Areas created hereunder are restricted as follows: A. Access to, entry upon and/or use of that portion of Property identified and depicted upon the Plat as the Blue Heron Conservation Easement is expressly subject to and shall be governed by al1 the tem1s) conditions and restrictions set fo11h in the Grant of Conservation Easement executed by Roaring Fork Investments, LLC and the Roaring Fork Conservancy on /5-5 ~· __ ,-~and filed for record in the Office of the Clerk and Recorder for Garfield County at BooL<::t~: Page 7""11!5 and Reception No. 4-: on //-5$P , ].!)t:X? ~/-?& B. Access to or entry upon that portion of the Property lying west of County Road 109 C'Westem Parcel") shall be closed to the public and to Members fron1 December 151 through March 31st each year; provided, however, Declarant reserves unto itself, its agents, successors and assigns the right to use any portion of such property for the purpose of maintaining the Golf Course. C. Access to or entry upon that portion of the Western Parcel identified and depicted upon the Plat as the Golden Eagle Protection Zone shall be closed to the public and Members from March 15th to July 1st each year. D. The Association shall be responsible for the continued maintenance and care of the Wildlife Improvements constructed and installed on the Property by the Declarant identified below: (i) the educational signs installed at the Primary Overlook? identified and described on the Plat, regarding golden eagle nesting; (ii) the habitat improvement measures constructed and identified in the report titled, RECOMMENDATIONS FOR IMPROVING BIG GAME HABITAT ON THE ROSE RANCH DEVELOPMENT WEST OF COUNTY ROAD 109, prepared by Beattie Natural Resources Consulting, Inc. on October 22, 1998, as the same may be further amended or altered by the Declarant with the approval of the Colorado Division of Wildlife; (iii) the vegetative screening installed along the east boundaries of Lots 70-80 and 108-118 to screen home sites and backyard activities located therein from the Blue Heron rookery; (iv) the vegetative screening installed along the north boundary of the Teller Springs Buffer, identified and depicted on the Plat; and (v) Conservation Easement. the a11ificial nesting platfmm(s) installed within the Blue Heron Declarntion of Protective Covenants Rose Ranch P. U.D., Phase 1 J 3-Sep-99 47 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P941 M ALSDORF 58 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO E. All areas identified and depicted upon the Plat as Ripa11an Areas shalJ be preserved in their present natural character and condition to as great a degree as possjble and no activity shall be pem1itted thereon which shall modify or alter their existing character a11d condition. F. No tree or vegetation removal shall be pennitted within the Riparian Areas except as may be necessary, in the detem1ination of the Association, to remove a dangerous condition or to control an invasive species. G. The area identified and depicted on the Plat as the Teller Springs Buffer Zone shall be maintained in sage brush or other natural vegetation H. Access to or entiy upon that area identified and depicted on the Plat as the B Jue Heron Protection Zone shall be closed to the general pub lie and Members February 15u1 through July 15th. I. No more than two (2) domestic animals shall be permitted to be kept upon any Lot. Lot Owners shall be entitled to keep dogs on their property pursuant to the following restrictions and limitations and subject to any additional rules and regulations which may be promulgated by the Association: (i) No more than one dog, including puppies, shall be kept by any Lot Owner at any time upon any one (1) Lot. (ii) Dogs shall be kept under the control of their Owners at all times and shall not be permitted to run free or to cause a nuisance in the Property. No ~ogs shall be allowed. beyond the boundaiies of the Lot owned by the person(s) where the dog is housed unless leashed and accompanied by a person in full control of such dog. (iii) Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous fifteen ( 15) minute period, including successive barks or a series ofbarks which repeat or resume following a brief or temporary cessation. · (iv) When not accompanied by a person, all dogs shall be leashed> chained, uelectric fenced," or kenneled. The location of kennels shall be subject to review of the Design Review Board. (v) refuse and animal waste. All dogs shall be kept reasonably clean, and all Lots shall be free of (vi) Should any dog chase or molest deer, elk or any domestic animals or persons, or destroy or disturb prope1iy of another, the Association shall be authmized to prohibit the Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 48 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P942 M ALSDORF 59 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Owner or any tenant, invitee, event, guest or other user of a Lot from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other Owners, Persons or property. The offending dog owner shall be provided written not.ice of such action at least two (2) days before disposal occurs. Within such two (2) day pe1iod~ the offending dog shall be kenne]ed at a licensed kennel. All charges associated witb action taken by the Association may be assessed against either the Owner and/or the dog owner, or both, at the Association's sole option. (vii) Notwithstanding the foregoing, no animal may be kept upon a Lot which, in the sole discretion and judgment of the Executive Board results in any annoyance or is obnoxious to Lot Owners within the Subdivision. J. The Association and all Lot Owners are prohibited from chasing, scaring, disturbing, hazing, or other using any other form of harassment to coerce big game (deer and/or elk) off of the Golf Course or Common Area. K. The Association and all Lot Owners hereby waive and sha11 hold the Colorado Division of Wildlife harmless from, any and all claims for damages to landscaping improvements or ornamental plants located on the Lots or Conunon Area resulting from the activities of big game (deer and/or elk). L. The Association and the Lot Owners shall be responsible for the removal and proper disposal of all animal carcasses located upon the Common Area or Lots, as may be appropriate. M. The Association shall assess and enforce penalties against Owners violating any of the wildlife restrictions set forth in this Section 18.1 as follows: One Hundred Dollars ($100.00) for the first violation committed by an Owner; Two Hundred Dollars ($200.00) for the second violation; Three Hundred Dollars ($300.00) for the third violation; and for each succeeding violation the fine increases in One Hundred Dollar ($100.00) increments. The dollar amounts of the fines may be changed upon the approval of the Executive Board. N. The restrictions of this Section 18.1 shall be enforceable in perpetuity and shall not be amended or te1minated by action of the Association, Owners or Declarant nor by any provision for termination of this Declaration. The restrictions of this Section 18. l shall be enforceable in any and all maimer provided in this Declaration by the Association, Owners, Declarant, Garfield County or any state or federal agency charged with the preservation of wildlife and wetlands areas. Any such enforcement action shall entitle the enforcing pai1y to recovery of damages equal to the cost of restoration of the prope11y, and such enforcing party shall be entitled to an award of reasonable attorney fees and costs of enforcement, including but not limited to court costs, expert witness fees, costs of depositions and exhibits. Declaration of Protective Covenants Rose Ranch P. U.D., Phase l J 3-Sep-99 49 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P943 n ALSDORF 60 af 81 R 406.00 D 0.00 GARFIELD COUNTY CO ARTICLE XIX MORTGAGEE'S RIGHTS The following provisions are for the benefit of holders> insurers, or guarantors of First Mortgages on Lots. To the extent applicable, necessary, orproper, the provisions of this Article XIX apply to this Declaration and also the AJtic]es and Bylaws of the Associati.on. Section 19 .1 Approval Requirements. Unless at least 51 % of the Mortgagees holding First Mmtgages against any portion of the Property (based on one vote for each Mortgage owned), and at least 67% of the Ow11ers (other than Declarant) have given their prior written approval, the Association shall not be entitled to: (i) By act or omission seek to abandon, partition, subdivide, sell, or transfer all or part of the Conm10n Area (provided, however, that the granting of easements or rights of way for public utilities or for other public purposes consistent with the intended use of such Conm1011 Area shall not be deemed a transfer within the meaning of this clause); (ii) Subject to the expansion rights ofDeclarant set forth in Article XV, change the method of determining the obligations, Assessments, dues, or other charges which may be levied against an Owner; (iii) Fail to maintain insurance required to be maintained under this Declaration; (iv) Use hazard insurance proceeds for losses to improvements in the Common Area for other than the repair, replacement, or reconstruction of such property. The failure of a Mortgagee to object in writing to an amendment within thirty (30) days after receipt of request for approval shall be deemed an approval of such amendment. Section 19 .2 Title Taken by Mortgagee. Any Mortgagee holding a First Mortgage of record against a Lot who obtains title to the Lot pursuant to remedies exercised in enforcing the Mortgage, including foreclosure of the Mortgage or acceptance·of a deed in lieu of foreclosure, will be liable for all Assessments assessed against such Lot, whether such Assessments were assessed prior to or after Mo1tgagee has taken title to such Lot. Section 19.3 Distribution of Insurance or Conde1m1ation Proceeds. In the event of a distribution by the Association of insurance proceeds or condemnation awards allocable among the Lots for losses to, or taking of, all or pai1 of the Common Area, neither the Owner nor any other person shall take p1i01ity in receiving the distribution over the right of any Mo1igagee who is a beneficiary of a First Mortgage against the Lot. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 50 111111( 111111111111111 11111111111111111111 1111111111111 623133 03/18/2003 04:07P 81447 P944 M ALSDORF 61 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section I 9.4 Rightto Pay Taxes and Charges. Mortgagees may,join1]y or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Area, and may pay overdue premiums on hazard insurance po1icies, or secure new hazard insurance coverage on the lapse of a pol]cy for such Common Area. ARTICLE XX DURATION OF COVENANTS AND AMENDMENT Section 20. l Tem1. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity, subject to the te1mination provisions of the Act. Section 20.2 Amendment. This Declaration, or any provision ofit) may be amended at any time by Owners holding not less than 67% of the votes possible to be cast under this Declaration at a meeting of the Owners called for that purpose, except as limited by Article XIX. Any amendment must be executed by the President of the Association and recorded, and approval of such amendment may be shown by attaching a certificate of the Secretary of the Association to the recorded instrument certifying the approval of a sufficient number of Owners of the amendment. No amendment to the Declaration which affects the rights ofDeclarant reserved hereunder shall be valid wjthout the written consent of Declarant. Notwithstanding the foregoing, Declarant, acting alone, reserves to itself the right and power to modify and amend this Declaration and/or the Plat to the fullest extent permitted under the Act. Further, the Executive Board may, pursuant to the provisions of the Act, petition the district court in which the Property is situated to amend this Declaration as provided in the Act. Section 20.3 Revocation. This Declaration shall not be revoked, except as provided in Article XIV regarding total condemnation, without the consent of all of the Owners evidenced by a written instrument duly recorded. ARTICLEXXI SPECIAL DISTRICT The Association shall have the power, and is hereby autho1ized, to contract with and to cooperate with the Special Distiict in order to ensure that their respective responsibilities are discharged. The Association is further authorized to act on behalf of its Members to ensure that the level of services provided by the Special District, if created, is consistent with the community-wide standard. Each Owner, by acceptance of his or her deed or recorded contract of sale, is deemed to covenant and consent to the creation of the Special District and to executing a separate document so consenting to the creation of the Special District, if requested to do so by the Declarant. Declaration of Protective Covenants Rose Ran.ch P. U.D., Phase 1 13-Sep-99 51 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P945 M ALSDORF 62 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO ARTICLE XXIl GENERAL PROVISIONS Section 22.1 Declarant Powers. A. Notwjthstanding anything in this Declaration 1o the contrary, the Declarant hereby reserves the following special declarant rights to the fullest extent pem1itted by the Act: To . complete improvements indicated on plats and maps filed with this Declaration or Supplemental Declaration; to exercise any development right (as defined in the Act)~ to maintain sales offices, management offices, signs advertising the Property and models; to use easements through the Common Areas for the purpose of making improveme11ts within the Property or within real estate which may be added to and made subject to this Deelaration; to make the Property subject to a master association; to merge or consolidate a common interest community of the same fonn of ownership; and to appoint or remove any officer of the Association or any Executive Board member during any period of Dec]arant control. All such spedal declarant rights shall, to the maximum extent pennitted by law, be exercisable by Declarant for a period of twenty (20) years after the Declarant no longer controls the Executive Board. B. Notwithstanding anything to the contrary herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible extent of such rights or powers as restricted under the Act. Any provision in this Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole but shall be adjusted as is necessary to comply with the Act. Section 22.2 Enforcement. Except as otherwise provided in this Declaration, the Executive Board, Declarant, or any Owner (provided the Executive Board fails to take action after reasonable notice is given to the Executive Board by such Owner) shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Executive Board of the Association, Declarant, or by any Owner to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. The prevailing party in any legal action arising under this Declaration shall be entitled to reimbursement of all costs of such action including, without limitation, reasonable attorneys' fees. Section 22.3 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 22.4 Conflicts Between Documents. In case of conflict between this Dec]aration and the Aiiicles and the Bylaws oftbe Association, this Declaration shall control. In case of conflict between the Articles and the Bylaws, the Aliicles shall control. Declaration. of Protective Covenants Rose Ranch P. U.D., Phase 1 J 3~Sep~99 52 J 11111111111 1111111111111111 11111111111111 1111111111111 623133 03/18/2003 04:07P 81447 P946 M ALSDORF 63 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) SS. COUNTY OF Garfield ) ROARING FORK INVESTMENT, L.L.C., a Colorado limited liability company By: () The foregoing instmment was acknowledged before me this <:012 f ::r.1 li'. A \ ~ 1 \s-'l '1. , by Ronald R. Heggemeier as Manager a f Roaring Fork Inv~~;\Sff).~1,11f;;,~;C., a Colorado limited liability company . .... ". \' ~ \ u yr! . '1,_, ·.•>,:.\.~·t\lITN~~t(MY HAND AND OFFICIAL SEAL. ,~-~~ '\~~ .,·" . . ..., . " ~. ·:~/"~ .. ~~ :? ··:i,.: "\\ r,TA ~;v, ·(. -:. : · ;: ; .... :M,.Y· Co.lv1NUSSION EXPIRES: ·:. ~ -: '~: -:-:6~:.:·.: ·:•,: . ;:. : ~:;'\ ·. t~ U D '). \ G : c _. \:\; ...... ;:.~~:·~~:~,;· ~.,. r; F r: 0 .,... .-· • 1-'1, ~ \.. 1"' '1 1 Ill I)) I I I I'· Declaration of Protective Covenants Rose Ranch P. U. D. I 3-Sep-99 53 818 Colorado Avenue Glenwood Springs, CO 81601 My Comrrussmn expires May 1, 2001 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P947 M ALSDORF 64 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Declaration of Protective Covenants Rose Ranch P. U.D. l 3-Sep-99 EXHIBIT A (Property Legal Description) 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P948 H ALSDORF 65 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO ROSE RANCH P.U.D. PHASE 1 PROPERTY DESCRIPTION PHASE 1 LEGAL PAGE 1 A PARCEL OF LAND SITUATED IN LOTS 7, 8, 9, 12, 13, 15 AND 16 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GAR.FIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, A ELM BRASS CAP IN PLACE; THENCE S 39°16'15" E 4369.77 FEET TO THE SOUTHWEST CORNER OF THE ROSE RANCH, 'SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 109, A REBAR AND CAP L.S. #19598 IN PLACE, THE POINT OF BEGINNING; THENCE THE FOLLOWING THE SEVEN (7) COURSES ALONG SAID EASTERLY RIGHT-OF-WAY: . 1. N 13°15 1 08" E 30.84 FEET 2. N 13°40 '41 11 E 86·. 97 FEET 3. N· 14°26'34" E 8 .37 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 263.67 FEET AND A CENTRAL ANGLE OF 22°42 1 13 11 , A DISTANCE OF 104. 48 FEET (CHORD BEARS N 03 °05 I 28 II E 103. 80 FEET) - 5. N 08°15'39" W 721.97 FEET 6. N 09°37 1 30" W 215.26 FEET 7. N 09°32 r ll" W 374. 52 FEET i THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY; N 80°27'49 11 E 61.66 FEET; THENCE S 69°00 1 00 11 E 114.87 FEET; THENCE N 64°00 1 00 11 E 195. 36 FEET; THENCE N 31°18 l 55" E 343. 31 FEET; THENCE N 29°11 1 53 11 E 207.54 FEET; THENCE N 53°00 1 00" W 117.98 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 59°30 1 10", A DISTANCE OF 83.0f?'FEET (CHORD BEARS N 50°44'48 11 E 79.40 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 55°34 I 57 11 I A DISTANCE OF 33. 95 FEET (CHORD BEARS N 48°47 I 11 11 E 32.64 FEET); THENCE N 76°34 1 40 11 E 45.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 145.00 FEET AND A. CENTRAL ANGLE OF 07°59'08", A DISTANCE OF 20.21 FEET (CHORD BEARS N 80°34 1 14" E 20 .19 FEET) ; THENCE N 84°33 1 48 11 E 162. 26 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIQHT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL ANGLE OF 12°40 I 07" I A DISTANCE OF 32. 06 FEET (CHORD BEARS S 89°06 1 08" E 32.00 FEET); THENCE S 82°46'05 11 E 88.97 FEET; THENCE N 16°02'33" E 71.09 FEET; THENCE N 59°50'09" E 321.51 FEET; THENCE N 62°10'49 11 E 340.58 FEET TO A POINT ON THE WESTERLY BOUNDARY 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P949 M ALSDORF 66 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 2 OF THAT PROPERTY DESCRIBED IN BOOK 511 AT PAGE 103 OE THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICEi THENCE THE FOLLOWING FOUR (4) COURSES ALONG THE WESTERLY LINE OF SAID PROPERTY; 1 . s 4 7 °16 I 4 3 II E 18 9 . 9 8 FEET 2. S 34°28'09" E 123.72 FEET 3 . s 0 4 ° 4 5 I 3 8 II E 3 9 0 • 41 FEET 4. S 08°01'51" W 130.25 FEET TO THE SOUTHWEST CORNER OF SAID PROPERTY; THENCE N 67°25 1 06 11 E ALONG THE SOUTHERLY LINE OF SAID PROPERTY 211.00 FEET TO A POINT ON THE EASTERLY LINE OF LOT 9 OF SAID SECTION 12; THENCE S 00°22'11 11 E ALONG SAID EASTERLY LINE 606.90 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9, A REBAR AND ALtw.IINUM CAP, LS #22580, IN PLACE; THENCE S 03°11 1 58 11 W ALONG THE EASTERLY LINE OF LOT 12 OF SAID SECTION 12 A DISTANCE OF 741.05 FEET TO THE SOUTHEAST CORNER OF SAID LOT 12, A REBAR AND ALUMINUM CAP IN PLACE; THENCE S. 00°06' 02 11 E ALONG THE EASTERIJY LINE OF LOT 16 OF SAID SECTION 12 A DISTANCE OF 555.52 FEET TO THE SOUTHEAST CORNER OF SAID LOT 16, A REBAR-AND ALUMINUM CAP IN PLACE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TELLER SPRINGS SUBDIVISION; THENCE S 89°59'08" W ALONG THE NORTHERLY LINE OF SAID TELLER SPRINGS SUBDIVISION 220.61 FEET TO THE SOUTHEAST CORNER OF PARCEL C OF RECEPTION NO. 444311 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE LEAVING SAID NORTHERLY LINE N 12°57'48" W ALONG THE EASTERLY LINE OF' SAID RECEPTION NO. 444311 169.14 FEET; THENCE N 87°58'25" W ALONG THE NORTHERLY LINE OF SAID PARCEL C 324.74 FEET; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL C ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 582.29 FEET AND A CENTRAL ANGLE OF 17°52'51 11 , A DISTANCE OF 181.72 FEET (CHORD BEARS S 13°29 1 05 11 E 180.98 FEET) TO A POINT ON THE NORTHERLY LINE OF SAID TELLER SPRINGS SUBDIVISION; THENCE S 89°52'26 11 W ALONG SAID NORTHERLY LINE 174.0l FEET TO THE NORTHWEST CORNER OF THE TELLER SPRINGS OPEN SPACE; THENCE LEAVING SAID NORTHERLY LINES 21°55'-10 11 W ALONG THE WESTERLY LINE OF SAID OPEN SPACE 53.97 FEET TO THE NORTHEAST CORNER OF LOT 5 OF SAID TELLER SPRINGS SUBDIVISION.AS SHOWN ON THE AMENDED PLAT THEREOF; THENCE S 89°59'08 11 W ALONG THE NORTHERLY LINE OF SAID LOT 5 165.35 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE N 45°01'42" W 28.27 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE S 89°59 1 08 11 W 855.53 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 89.288 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 3 AND 4, SECTION 12 AND LOTS 28 AND 29, SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, A BLM BRASS CAP _FOUND IN PLACE; THENCE N 86°59 1 45 11 E 2478.86 FEET,. THE POINT OF BEGINNING; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A 111111111111111111111111111111111111111 lll lllll llll llll 623133 03/18/2003 04:07P 81447 P950 M ALSDORF 67 of 81 R 406.00 D 0.00 GRRFIELD COUNTY CO PHASE 1 LEGAL PAGE 3 RADIUS OF 170. 00 FEET AND A CENTRAL ANGLE OF 65°53 1 11 11 / A DISTANCE OF 195.49 FEET (CHORD BEARS N 29°55'34 11 E 184.89 FEET); THENCE N 62°52 1 09 11 E 50.72 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 230. 00 FEET AND A CENTRAL ANGLE OF 32°51' 34", A DISTANCE OF 131.91 FEET (CHORD BEARS N 46°26'22 11 E 130.11 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 91°43' 08", A DISTANCE OF 56. 03 FEET (CHORD BEARS N 75°52'09 11 E 50.23 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 105.00 FEET AND A CENTRAL ANGLE OF 35°43 l 54 tt I A DISTANCE OF 65. 48 FEET {CHORD BEARS s 40°24 I 20 II E 64 .43 FEET); THENCE S 22°32'23rr E 367.78 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL ANGLE OF 39°28' 24", A DISTANCE OF 99. 90 FEET (CHORD BEARS S 42°16'35" E 97. 93 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 105.00 FEET AND A CENTRAL ANGLE OF 59°42'05 11 , A DISTANCE OF 109·.41 FEET (CHORD BEARS S 32°09'45" E 104.53 FEET); THENCE S 02°18'42" E 155.70 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 260. 00 FEET AND A CENTRAL ANGLE OF 34°26 1 18 11 1 A DISTANCE OF 156.28 FEET (CHORD BEARS S 19°31'51" E 153.93 FEET); THENCE S 36°45 1 00 11 E 647.15 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 155. 00 FEET AND A CENTRAL ANGLE OF 43°58' 55 11 , A DISTANCE OF 118. 98 FEET . (CHORD BEARS S 14°45·1 33 11 E 116. 08 FEET) ; THENCE S 07°13'55" ·W 6.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 90°00 1 00 11 , A D;ISTANCE OF 54. 98 FEET (CHORD BEARS S 52°-13 '55" W A DISTANCE OF 49.50 FEET); THENCE N 82°46'05" W 14.61 FEET; THENCE ALONG THE ARC OF A CURVE THE LEFT HAVING A RADIUS OF 205.00 FEET AND A CENTRAL ANGLE OF 12°40'07", A DISTANCE OF 45.33 FEET (CHORD BEARS N 89°06 1 08 11 • W 45.23 FEET); THENCE S 84°33 1 48" W 162.26 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 205.00 F~ET AND A CENTRAL ANGLE OF 07°59 1 08 II I A DISTANCE OF 28. 57 FEET (CHORD BEARS s 80°34'14" w 28. 55 FEET) ; THENCE' S 76°34'40 11 W 45. 82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 55°34 I 57 11 I A DISTANCE OF 33. 95 FEET (CHORD BEARS N 75°37 1 51 11 w 32.64 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 06°20'04", A DISTANCE OF 8.84 FEET (CHORD BEARS N 51°00'24' W 8.84 FEET); THENCE N 41°.00'00" _E 94. 71 FEET; THENCE N 47°00' 00 11 W 488.04 FEET; THENCE N 50°47' 54" W 40.59 FEET; THENCE N 25°00 1 00 11 W 384.00 FEET; THENCE N 25°52'15' W 41.58 FEET; THENCE N 05°3l'07" W 211.73 FEET; THENCE N 22°32 1 23 11 W 214.58 FEET; THENCE N 74°00'00" W 80.63 FEET, TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 13.185 ACRES, MORE OR LESS. 1111111111111111111111111111111111111111111111111111111 623133 03/180/2600030 0040:0~~ ~~:~~Er~s~O~N*;s~gRF 68 of 81 R 4 · · PHASE l LEGAL PAGE 4 TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 5, 11, 12, 13, 15, 16, 23, 24, AND 28 OF SECTION l, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE; THENCE N 82°31' 27 11 W 2263. 73 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 109, THE POINT OF BEGINNING; THENCE THE FOLLOWING SIXTEEN {16) COURSES ALONG SAID EASTERLY RIGHT- OF-WAY: l. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1870. 00 FEET AND A CENTRAL ANGLE OF 05°38 I 57 II I A DISTANCE OF 81. 70 FEET (CHORD .BEARS N OS 0 0or 44 11 W 81. 69 FEET) 2. N 03°45 I 38 11 w 70. 62 FEET 3. ALONG THE ARC OF A CURVE TQ THE LEFT HAVING A RADIUS OF 1155.00 FEETAND A· CENTRAL ANGLE OF 08°59 1 23", A DISTANCE OF 181. 22 FEET {CHORD BEARS N 08°15' 19 11 W 181. 03 FEET) 4. N 12°45 I 01" w 25 0. 3 0 FEET 5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 518. 09 FEET AND A CENTRAL ANGLE OF 35°11'37", A DISTANCE ·OF 318.23 FEET (CHORD BEARS N 30°20 1 49 11 W 313.26 FEET) 6. N 47°56 1 38 11 W 239.80 FEET 7. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1520.00 FEET AND A CENTRAL ANGLE OF 14°05 1 17", A DISTANCE OF 373.74 FEET (CHORD BEARS N 40°53r59 11 W 372.80 FEET) 8. N 33°51' 20 11 W 485. 97 FEET 9. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 620. 00 FEET AND A CENTRAL ANGLE OF 19°38 I 05" I A DISTANCE OF 212.47 FEET (CHORD BEARS N 43°40 1 23" W 211.43 FEET) 10. N 53°29 1 25" W 511.09 FEET 11. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 470.00 FEET AND A CENTRAL ANGLE OF 34°45'42", A DISTANCE OF 285 .15 FEET (CHORD BEARS N 36°06 1 34 11 W 280. 80 FEET) 12. N 18°43 1 43 11 W 773. 97 FEET . 13. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 620.00 FEET AND A CENTRAL ANGLE OF 30°05 1 19 11 , A DISTANCE OF 325. 59 FEET (CHORD BEARS N 03°41 1 04 11 W 321-86 FEET) 14 . N 1l0 21 I 3 6 II E l 71 . 2 7 FEET 15. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 380.00 FEET AND A CENTRAL ANGLE OF 02°00'48 11 , A DISTANCE OF 13.35 FEET {CHORD BEARS N 10°21'13 11 E 13.35 FEET) I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P952 M ALSDORF 69 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE l LEGAL PAGE 5 16. N 19°24'30"E 52.13 FEET; THENCE LEAVING SAID WESTERLY RIGHT- OF-WAY S 05°09'02 11 E l58.12 FEET; THENCE S 11°21 1 36 11 W 124.44 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00 FEET AND A CENTRAL ANGLE OF 20°55 1 55u, A DISTANCE OF 365 .34 FEET (CHORD BEARS S 02°39'27" E 363.31 FEET); THENCE S 18°43 1 43 11 E 446.82 FEET; THENCE N 71°16 1 17 11 E 67.02 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 292.00 FEET AND A CENTRAL ANGLE OF 37°24'07", A DISTANCE OF 190.61 FEET (CHORD BEARS N 52°34'13 11 E 187.25 FEET); THENCE N 33°52'10" E 231.99 FEET; THENCE ALONG THE ARC OF A CURVE TO·THE RIGHT HAVING A RADIUS OF 2.95.00 FEET AND A CENTRAL ANGLE OF 14°20'09 11 , A DISTANCE OF 73.81 FEET (CHORD BEARS N 41°02'14" E 73. 60 FEET) ; THENCE s 17°00 I 00 II E 57. 28 FEET; THENCE· s 60°27 I 28" E 705.20 FEET; THENCE S 41°00'00 11 E 291.19 FEET; THENCE S 59°10'31" E 528.72 FEET; THENCE S 65°03'14 11 E 289.30 FEETi THENCE S 12°42'29" W 193.82 FEET; THENCE S 69°26 1 39 11 W 162.39 FEET; THENCE S 12°06'131' E 354.63 FEET; THENCE S 03°31'27" E 80.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 510.00 FEET AND A CENTRAL ANGLE OF 34°21'58 11 , A DISTANCE OF 305.90 FEET (CHORD BEARS S '68°46 1 29 11 W 301.33 FEET); THENCE S 39°38 1 44 11 E 684.26i THENCE S 31°03'39" E _112.70 FEET; THENCE S 06°45 '49 11 W 144. 32 FEET; THENCE S 12°45 1 01'' E 209. 29 FEET; THENCE S 60°00'00 11 E 110.74 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL_ ANGLE OF 38°53 I 55" I A DISTANCE OF 115. 41 FEET {CHORD BEARS s 43°25' 11 11 w 113. 21 FEET) ; THENCE S 62°52' 09" W 50. 72 FEET; THENCE S 80°35 '25" W 299.88 FEET, TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 48.206 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 2, 3, AND 9 OF SECTION 12, AND LOTS 10, 11, 12, 17, 22, 29, AND 30 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE; THENCE S 76°17'40" E 3972.43 FEET TO THE POINT OF BEGINNING; THENCE N 44°21'10" W 102.28 FEET; THENCE N 58°00 1 42 11 W 191.26 FEET; THENCE N 31°18'36" W 193.84 FEET; THENCE N 35°01'04 11 W 195.06 FEET; THENCE N 50°10'09'' W 174.71 FEET; THENCE N 54°11'49 11 W 43.11 FEET; THENCE N 24°39'20" W 163.26 FEET; THENCE S 69°34 1 20 11 W 77.75 FEET; THENCE N 02°18'42 11 W 50 .18 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL ANGLE OF 59°42'05 11 , A DISTANCE OF 151.09 FEET {CHORD BEARS N 32°09 1 45 11 W 144.35 ·------FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P953 M ALSDORF 70 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE l LEGAL PAGE 6 105.00 FEET AND A CENTRAL ANGLE OF 18°41'42 11 , A DISTANCE OF 34.26 FEET {CHORD BEARS N 52°39 1 56 11 W 34 .11 FEET); THENCE N 66°06 1 05" E 97. 52 FEET; THENCE FEET; THENCE FEET; THENCE FEET; THENCE FEET; THENCE FEET; THENCE FEET; THENCE FEET; THENCE CURVE TO THE N 12°00 1 28 11 N 07°12'34" N 00°42'38" N 05°18 I 54 11 N 03°33 1 06" N 21°00 I QQll w w w E E E 243 .11 FEET; THENCE N 11°30 I 42 11 w 105. 63 75.18 FEET; THENCE N 08°02'04" W 130.43 148.65 FEET; THENCE N 84°00 1 00 11 W 223.25 90.01 FEET; THENCE S 84°00'00 11 E 226.92 162. 15 FEET; THENCE N 00°42 '3 8 11 W 162. 56 3 3 2 . 5 1 FEET ; THENCE N 0 0 ° 4 2 I 3 8 II w 2 0 2 . 2 7 N 09°00 1 00" W 38l.49 FEET; THENCE N 00°42'38" W 176.32 N 86°49 '23 11 W 193. 8 9 FEET; THENCE ALONG THE ARC OF A LEFT HAVING A RADIUS OF 580.00 FEET AND A CENTRAL ANGLE OF 10°53 1 34 11 , A DISTANCE OF 110.27 FEET (CHORD BEARS N 21°33'22" W 110 .10 FEET) ; THENCE S 86°49 1 23 11 E 225. 61 FEET; THENCE N 25°43 '53 n W 3 08 .. 74 FEET; THENCE N 14°33 t 44" W 79. 98 FEET; THENCE N 3 0°42 '43 11 W 86. 50 FEET; THENCE N 34°03 '44 11 W 197. 29 FEET; THENCE N 34°19 '54 11 W 149.21 FEET; THENCE N 49°00'00" W 200.56 FEET; THENCE N 59°50 1 00 11 W 206.65 FEET; THENCE N 69°00 1 00" W 209.58 FEET; THENCE N 65°00 1 00 11 W 3 6 2 • 5 9 FEET i THENCE N 6 7° 5 l I 0 9 II w 3 7 9 . 3 6 FEET i THENCE N 7 2° 0 0 1 0 0 II w 128.25 FEET, TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN BOOK 590 AT PAGE 955; THENCE N 37°11' 37n E ALONG SAID EASTERLY LINE 123.94 FEET TO A POINT ON THE CENTERLINE OF THE ROARING FORK RIVER; THENCE THE FOLLOWING FIVE (5) COURSES ALONG THE CENTERLINE OF SAID RIVER: 1. S 64°20'33 11 E 539.13 FEET 2. S 69°24'54" E 523.30 FEET 3 . s 61°41 I 5 4 II E 1"4 7 . 51 FEET 4. S 34°19'54" E 646.80 FEET 5. S 29°54 1 54 11 E 516.97 FEET TO A POINT ON THE EASTERLY LINE OF LOT 17 OF SAID SECTION l; THENCE LEAVING SAID CENTERLINE S 00°42' 38" E ALONG THE EASTERLY LINE OF LOTS 17, 22 AND 29, A DISTANCE OF 2l40.70 FEET; THENCE LEAVING SAID EASTERLY LINE N 89°15 1 45 11 E 43 .14 FEET TO THE NORTHWEST CORNER OF THAT PROPERTY DESCRIBED IN BOOK 511 AT PAGE 103 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE THE FOLLOWING THREE (3) COURSES ALONG THE WESTERLY LINE OF SAID PROPERTY: 1. S 41°07'10 11 E 559.76 FEET 2. S 47°56' 39 11 E 519. 80 FEET 3. S 47°16•43 11 E 276.72 FEET; THENCE LEAVING SAID WESTERLY LINE S 62°10'49 11 W 340.58 FEET, TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 18.603 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 23 AND 28 OF SECTION 1 -~·AND LOTS 4, 5, 6, 7, 14, THE NW1/4NW1/4 AND THE SWl/4NWl/4 OF SECTION I llllll lllll llllll llll llllll llllll lllll Ill lllll llll llll 623133 03/18/2003 04:07P 81447 P954 M ALSDORF 71 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE l LEGAL PAGE 7 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADOi SAID PARCEL OF LAND BEING MORE PARTICULARLY AS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE, THE POINT OF BEGINNING; THENCE S 88°08'24 11 E ALONG THE NORTHERLY LINE OF THE NW1/4NW1/4 AND LOT 5 OF SAID SECTION 12 1925.15 FEET; THENCE LEAVING SAID NORTHERLY LINES 01°19 1 06 11 W 100.00 FEET; THENCE s 88°08 I 24" E 150. 00 FEET i THENCE N 00°03 I 3 8 II E 2 00 .10 FEET i THENCE N 88°08 1 24" W 100.15 FEET TO A POINT ON THE \iESTERLY LINE OF LOT 28 OF SAID SECTION 1; THENCE N 01°16 1 57 11 W ALONG THE WESTERLY LINE OF LOTS 28 AND 23 OF SAID SECTION 1 1061.60 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 109i THENCE LEAVING THE WESTERLY LINE OF SAID LOT 23 THE FOLLOWING SEVEN (7) COURSES ALONG THE WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 109: 1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 458.09 FEET AND A CENTRAL ANGLE OF 36°07 1 56 11 , A DIST~CE OF 288.88.FEET (CHORD BEARS S 30°48'59" E 284.12 FEET) 2. S 12°45'01" E 247.15 FEET 3 . ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1095.00 FEET AND A CENTRAL ANGLE OF 08°59 1 23", A DISTANCE OF 171.80 FEET (CHORD BEARS S 08°15'19" E 171.63 FEET) 4. S 03°45 1 38" E 70.62 FEET 5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS_OF 1930.00 FEET AND A CENTRAL ANGLE OF 05°38'57 11 , A DISTANCE OF 190. 29 FEET (CHORD BEAH.S S 06 °35 1 06 11 E 190. 21 FEET) 6 . s 0 9 ° 2 4 I 3 5 " E 173 9 • 9 6 FEET 7. S 09°32'11 11 E 545.09 FEET (TO A POINT WHENCE AN ONE INCH IRON PIPE BEARS S 80°39'46 11 W 15.01 FEET); THENCE-LEAVING SAID WESTERLY RIGHT-OF-WAY S 80°39 '.46". W ALONG THE NORTHERLY LINE EXTENDED AND THE NORTHERLY LINE OF RECEPTION NO. 402764 156.56 FEET TO AN ONE INCH IRON PIPE IN PLACE; THENCE.CONTINUING ALONG SAID NORTHERLY LINE S 46°49' 46 11 W 319. 59 FEET TO THE NORTHWEST CORNER OF SAID RECEPTION NO. 402764, A REBAR AND CAP IN PLACEi THENCE S 08°30'14" E ALONG THE WESTERLY LINE OF SAID RECEPTION NO. 402764 AND RECEPTION NO. 418590, 302.72 FEET TO THE SOUTHWEST CORNER OF SAID' RECEPTION NO. 418590; THENCE S 80°45 1 44 11 W ALONG THE NORTHERLY LINE OF RECEPTION NO. 397182, 177.17 FEET TO THE NORTHWEST CORNER OF SAID RECEPTION NO. 397182; THENCE S 17°25'15 11 W ALONG THE WESTERLY LINE OF RECEPTION NO. 397182 AND RECEPTION NO. 411767, 741.91 FEET TO THE NORTHWEST CORNER OF LOT 21 OF SAID SECTION 12, ALSO BEING THE NORTHWEST CORNER OF TELLER SPRINGS SUBDIVISION; THENCE S 00°00'34 11 W ALONG THE WESTERLY LINE OF SAID TELLER SPRINGS SUBDIVISION. AND THE EASTERLY LINE OF LOT 14 OF SAID SECTION 12 768. 25 FEET TO THE SOUTHEAST CORNER OF SAID liOT 14; THENCE LEAVING THE WESTERLY LINE OF TELLER SPRINGS SUBDIVISION ___ s 89°00 I 59 11 'w ALONG THE SOUTHERIN LINE OF SAID LOT 14 468. 99 FEET TO I llllll lllll llllll llll llllll llllll lllll Ill 1'11111ll lllt 623133 03/18/2003 04:07P B1447 P955 M ALSDORF 72 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 8 THE SOUTHWEST CORNER OF SAID LOT 14; THENCE N 00°22 1 13 11 E ALONG THE WESTERLY LINE OF SAID LOT 14 1378.08 FEET TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE N 89°07'53 11 W ALONG THE SOUTHERLY LINE OF THE SW1/4NWl/4 OF SAID SECTION 12 1347.91 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 12, AN ALUMINUM CAP IN PLACE; THENCE N 00°33'14 11 W ALONG THE WESTERLY LINE OF SAID SECTION 12 2728.80 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 166.038 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 5 AND 13 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, A BLM BRASS CAP IN PLACE: THENCE S 56°22'41~ E 518.09 FEET TO THE POINT OF BEGINNING. THENCE S 59°20'231 E 118.46 FEET; THENCE S 60°00'00~ W 121.04 FEET; THENCE S 11°21'36 W 58.67 FEET; THENCE N 05°09'02~ W 158.12 FEET; THENCE N 19°24'30 E 31.12 FEET; THENCE.S 65°25'04~ E 20.16 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.220 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 12 AND 13 OF SECTION 1, TOWNWHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, A BLM BRASS CAP IN PLACE: THENCE S 34°35 1 14' E 723.60 FEET TO THE POINT OF BEGINNING. THENCE S 14°00'00~ E 407.29 FEET; THENCE S 18°43 1 43~ E 156.81 FEET; THENCE S 6 9 ° 0 0 ' 0 O~ E 19 0 . 0 8 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 232.70 FEET AND A CENTRAL ANGLE OF 38 ° 55 1 16 1 ' , A DISTANCE OF 158. 08 FEET·· (CHORD BEARS S 51°47'11~ W 155.05 FEET); THENCE S 71°16 1 17~ W 67.02 FEET; THENCE N 18°43 1 43~ W 446.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADUIS OF 1000.00 FEET AND A CENTRAL ANGLE OF 20°55 1 56 11 , A DISTANCE OF 365.34 FEET (CHORD BEARS N 02°39'27~. W 363.31 FEET) TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 1.300 ACRES, MORE OF LESS. TOGETHER WITH A TRACT OF LAND SITUATED IN SECTION 35, TOWNSHIP 6 SOUTH, RANGE 89 WEST AND SECTION 2, ,TOWNSHIP 7 SOUTH, RANGE 89 WEST, ALL IN THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON CORNER TO S.ECTIONS. 1 AND 2, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN 1 SAID CORNER ALSO BEING COMMON TO SECTIONS 35 AND 36, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE N 76°04'29 11 W 4185. 64 FEET TO THE ·-· 'NORTHEAST CORNER OF LOT 21, WESTBANK RANCH SUBDIVISION, FILING 1, THE 1111111111\l llllll 1111 llllll llllll lllll Ill lllll lllt 1111 623133 03/18/2003 04:07P 81447 P956 M ALSDORF 73 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 9 POINT OF BEGINNING; THENCE THE FOLLOWING TWENTY FIVE (25) COURSES ALONG THE NORTHERLY AND EASTERLY BOUNDARY OF SAID WESTBANK RANCH, FILING 1: 1. 2. 3 . 4. 5. 6 . 7. s 09°00'22 11 w s 69°53'22 11 w S 06°59'38 11 E S 55°29 1 38 11 E S 75°13 1 38" E N 88°58'22" E N 82°55'22 11 E 226.00 FEET TO A REBAR AND CA~, L.S. NO. 19598 8 2 . 0 0 FEET TO A REBAR AND CAP , L. S . NO . 19 5 9 8 79.00 FEET TO A REBAR AND CAP, L.S. NO. 19598 95.00 FEET TO A REBAR AND CAP (ILLEGIBLE) 215. 00 FEET TO A NO. 5 REBAR 451.00 FEET TO A REBAR AND CAP {ILLEGIBLE) 240.00 FEET TO A REBAR AND CAP (ILLEGIBLE) 8. S 20°35' 18" E 185. 00 FEET TO A REBAR AND CAP (ILLEGIBLE) 9. N 69°24'42 11 E 210.00 FEET TO A REBAR AND CAP-, L.S. NO'. 19598 10. N 07°18 1 26 11 W 251. 73 FEET TO A NO. 5 REBAR 11. N 71°15'22 11 E 272.00 FEET TO A REBAR AND CAP (ILLEGIBLE) l2. N 41°00 '22 11 E 372 .54 FEET TO A NO. 5 REBAR l3. S 65°59 '38 11 E 435. 00 FEET TO A NO. 5 REBAR 14. S 19°59' 38 11 E 210. 00 FEET TO A NO. 5 REBAR 15. S 60°00 1 22 11 W 398.80 FEET TO A NO. 5 REBAR l 6 . S 4 8 °16 ' 51 11 W 2 3 5 . 2 0 FEET TO A NO . 5 REBAR J. 7. S 50°30 '22 11 W 210 .22 FEET TO A NO. 5 REBAR 18. S 69°24 '42 11 W 180. 00 FEET TO A NO. S REBAR 19. N 20°35 '18" W 260. 00 FEET TO A REBAR AND CAP, L. S. NO. l9598 20. S 69°24 '42" W 230.27 FEET TO A NO. 5 REBAR 21. S 20°35'18 11 E 266 .00 FEET TO A REBAR AND CAP (ILLEGIBLE) 2 2 . S 6 6 ° 0 9 ' 0 7 11 W 9 6 . 5 7 FEET TO A REBAR AND CAP / L. S . NO. 19 S 9 8 2 3 . S 01°2 3 ' 5 4" W 10 9 . 6 0 FEET TO A REBAR AND CAP, L. S . NO. 716 8 24. S 28°05 '38 11 E 250. 00 FEET TO A REBAR AND CAP (ILLEGIBLE) 25. S 67°07' 27 11 E 149. 99 FEET TO A REBAR AND CAP (ILLEGIBLE), THE COMMON CORNER OF WESTBANK RANCH SUBDIVISION FILING l AND WESTBANK RANCH SUBDIVISION FILING 2, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF LOT 23 OF SAID FILING 2; THENCE THE FOLLOWING SEVENTEEN (17) COURSES ALONG THE NORTHERLY BOUNDARY OF SAID WESTBANK RANCH SUBDIVISION FILING 2: 1. S 69°05' 38" E 633 .53 FEET TO A NO. 5 REBAR 2. N 78°31' 22" E 318 .16 FEET TO A NO. 5 REBAR 3. S 62°19' 08 11 E 376. 50 FEET TO A REBAR AND CAP (ILLEGIBLE) 4. S 84°58 1 08 11 E 192.70 FEET TO A REBAR AND CAP (ILLEGIBLE) 5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 585. 00 6. ---7. FEET, A CENTRAL ANGLE OF 03°55 1 13 11 AND .A.'DISTANCE OF 40.03 FEET (CHORD BEARS N 03°04' 17 11 E 40. 02 FEET) TO A NO. 5 REBAR N 8 4 ° 5 8 I 0 8 II w l 8 3 . 3 2 FEET TO A NO. 5 REBAR N 62°19' 08 11 W 133. 53 FEET TO A NO. 5 REBAR 1111111111111111111111111111111111111111111111iuu11 623133 0311a12s00030 004~0~~ ~~:;ier~5~onN;v co 74 of 81 R 40 · ~. PHASE 1 LEGAL PAGE 10 8. N 10°46 1 22 11 E 65.11 FEET TO A 1 INCH STEEL PIPE 9. N 30°36 1 38 11 w 476.00 FEET TO A REBAR AND CAP, L.S. NO. 9184 10. N 39°08 1 22 11 E 306.48 FEET TO A NO. 5 REBAR 11. N 77°24 I 22 11 E 264.88 FEET TO A REBAR AND CAP ( ILLEGIBLE) 12. s 33°46'38 11 E 544.01 FEET 13. s 18°29 1 38 11 E 217.00 FEET 14. s 06°49'38" E 218.79 FEET TO A REBAR AND CAP, L.S. NO. 19598 15. N 84°58'08" w 16. ALONG THE ARC 33°34 1 38" w 232.00 FEET 22°27'38 11 w 382.00 FEET 20°22 I 38 11 w 328.18 FEET 35°29 1 38 11 w 119.00 FEET 52°29 I 38 11 w 175.00 FEET 52°29 1 38" w 215.00 FEET 321.00 FEET I jllllf 11111 1111111111 111111111111 111111111111111111111 623133 03/18/2003 04:07P 81447 P958 M ALSDORF 75 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE l LEGAL PAGE 11 2 . N 45°56 1 38 11 w 239.80 FEET 3 . N 64°32'38" w 507.80 FEET 4 . N 84°51'38 11 w 169.60 FEET 5. N 7·9o3 6 I 3 8 II w 203.00 FEET 6 . N 72°34 1 38 11 w 879.00 FEET 7 . s 87°46 1 22 11 w 342.00 FEET 8 . s 85°12 I 22 II w 231. 00 FEET 9. s 65°57 1 22 11 w 517.00 FEET 10. s 48°42 I 22 11 w 332.00 FEET 1l. s 69°44 1 22 11 w 363.00 FEET 1:2 . N 80°02'30" W 181.97 FEET TO THE POINT OF BEGINNING; SAID r~cT OF LAND CONTAINING 93.860 ACRES, MORE OR LESS. TOGETHER WITH A 30.00 1 WIDE ACCESS AND UTILITY EASEMENT EXTENDING FROM MEADOW LANE TO COUNTY ROAD NO. 109 'AND BEING THE SOUTHERLY 30.00 FEET OF LOT 15, WESTBANK SUBDIVISION, FILING NO. 3, AS SHOWN ON THE PLAT THEREOF RECORDED IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE. TOGETHER WITH A LIMITED ACCESS EASEMENT THROUGH WEST BANK OPEN SPACE BEING A 25.00 FOOT WIDE STRIP OF LAND SITUATED IN LOT 24r SECTION l, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIANr COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND LYING 12.50 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A ELM BRASS CAP IN PLACE; THENCE N 61°13 1 24" E 2223.28 FEET TO A POINT ON THE PAGE EASTERLY LINE OF SAID LOT 24, SAID POINT ALSO BEING ON SAID CENTERLINE, THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 48°52 1 57 11 W ALONG SAID CENTERLINE 236.91 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1404.75 FEET AND A CENTRAL ANGLE OF 10°55 1 42 11', A DISTANCE OF 267.94 FEET (CHORD BEARS N 43°25'05 11 W 267.53 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N 69°16'39n E 20.95 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF COUNTY ROAD NO." 109; THENCE LEAVING SAID RIGHT-OF-WAY AND CONTINUING ALONG SAID CENTERLINES 69°16 1 39 11 W 30.81 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 42°43 I 58 II I A DISTANCE OF 18. 65 FEET (CHORD BEARS N 89°21 1 22 11 w 18. 22 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N 67°59 1 23 11 W 56. 79 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 1111111111111111111111111111111111 ltl\~~! l~~Jl~~11 623133 03/18/2000 3 0 °04 0=0~: ~~:~IELD COUNTY CO 76 of 81 R 406. · PHASE l LEGAL PAGE 12 64°44 1 47 11 , A DISTANCE OF 28.25 FEET (CHORD BEARS S 79°38 1 13 11 W 26.77 FEET); THENCE CONTINUING ALONG SAID CENTERLINES 47°15 1 50 11 W 58.23 FEETi THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1250.00 FEET AND A CENTRAL ANGLE OF 05°28 1 45 11 , A DISTANCE OF ll9.54 FEET (CHORD BEARS S 44°31'27" W 119.49 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 41°4 7' 05 11 W 96. 44 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 18°48' 32", A DISTANCE OF 32. 83 FEET (CHORD BEARS S 51°11 1 21" W 32. 68 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 60°35 '37 11 W 46. 99 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 16°49 1 45 11 , A DIE;TANCE OF 29.37 FEET{CHORD BEARS S 69°00 1 29 11 W 29.27 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 77°25 1 22 11 W 39.30 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 33°J.5'59", A DISTANCE OF 14.52 FEET {CHORD BEARS S 60°47 1 22n W 14.31 FEET}; THENCE CONTINUING ALONG SAID CENTERLINE S 44°09' 23" W 33. 76 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEF+ HAVING A RADIUS OF ?0.00 FEET AND A CENTRAL ANGLE OF 29°35 '03 11 , A DISTANCE OF 2 5. 82 FEET (CHORD BEARS S 2 9°21' 52 11 W 25. 53 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 14°34 f 20 11 W 21. 94 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF_A CURVE TO THE LEFT HAVING A RADIUS OF SO.OD FEET AND A CENTRAL ANGLE OF 25°18'20", A DISTANCE OF 22.08 FEET (CHORD BEARS S 01°55 1 10" W 21.90 FEET); THENCE CONTINUING ALONG SAID CENTERLINES 10°44'00 11 E 127.50 FEET; THENCE.CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25. 00 FEET AND A CENTRAL ANGLE OF 71°09 I 00" I A DISTANCE OF 31. OS FEET (CHORD BE.?\RS s 24°50 I 30 11 w 29. 09 FEET) ; THENCE CONTINUING ALONG SAID CENTERLINE S 60°25 1 00 11 W 83 .15 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC" OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 68°29'58", A DISTANCE OF 29.89 FEET (CHORD BEARS S 26°10'01" W 28.14 FEET) ; THENCE CONTINUING ALONG SAID CENTERLINE S 08°04 1 58 11 E 10. 67 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 24 OF SAID SECTION l, THE TERMINUS; WHENCE THE SOUTHWEST CORNER OF SAID SECTION 1 BEARS s 5 0 ° 3 0 1 3 2 II w 13 3 5 . 3 9 FEET . TOGETHER WITH A LIMITED ACCESS EASEMENT THROUGH TROUT BEING A 40.00 FOOT WIDE STRIP OF LAND SITUATED IN LOT 26 AND 27, SECTION 11 TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OP LAND LYING 20.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P960 M ALSDORF 77 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LP.:GAL PAGE l3 COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE i THENCE N 50°30 1 32 11 E 1335. 39 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 26 1 SAID POINT ALSO BEING ON SAID CENTERLINE, THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE S 08°04'58" W ALONG SAID CENTERLINE 38.58 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 79°39'45 11 , A DISTANCE OF 34.76 FEET(CHORD BEARS S 31°44'55 11 W 32.03 FEET); THENCE CONTINUING ALONG SAID CENTERLINES 71°34'47 11 W 11.95 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF SO. 00 FEET AND A CENTRAL ANGLE OF 21°47 '02 11 , A DISTANCE OF 19.01 FEET(CHORD BEARS S 82°28'18 11 W 18.90 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N 81°44' 27 11 W 16. 83 FEET; THENCE CONTINUING ALONG S~ID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25. 00 FEET AND A CENTRAL ANGLE OF 95°09 1 44", A DISTANCE OF 41. 52 FEET (CHORD BEARS S 50°40'40 11 W 36. 91 FEET); THENCE CONTINUING ALONG SAID CENTERLINES 01°01 1 23" W 29.68 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF SO. 00 FEET AND A CENTRAL ANGLE OF 31°40 T 51 11 , A DISTANCE OF 27. 65 FEET (CHORD BEARS S 16°51'49 11 W 27 .30 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 32°42 '14" W 88. 36 FEET; THENCE· CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A .RADIUS OF 50. 00 FEET AND A CENTRAL ANGLE OF 26°01'54", A DISTANCE OF 22. 72 FEET (CHORD BEARS S 19°41' l 7" W 22. 52 FEET) ; THENCE CONTINUING ALONG SAID CENTERLINE S 06°40'20" W 19.05 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25. 00 FEET AND A CENTRAL ANGLE OF 60°30 I 09 II I A DISTANCE OF 26. 40 FEET {CHORD BEARS S 23°34 1 44 11 E 25 .19 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 53°49' 49" E 8. 59 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 28°56 1 52 11 , A DISTANCE OF 12.63 FEET(CHORD BEARS S 39°21'22" E 12.50 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 24°52' 56 11 E 10. 28 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 42°02 1 11 11 , A DISTANCE OF 18. 34 FEET (CHORD BEARS S· 03°51' 51" E 17. 93 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 17°09' 15 11 W 4 6. 4 3 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100. 00 FEET AND A CENTRAL ANGLE OF 10°32 '50 11 , A DISTANCE OF 18. 41 FEET (CHORD BEARS S 22°25' 40 11 W 18. 38 FEET) ; THENCE CONTINUING ALONG SAID CENTERI-1INE S 27°42'05" W 49.78 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF SO. 00 FEET AND A CENTRAL ANGLE OF 46°09 1 03 11 , A I lllllf 111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P961 M RLSDORF 78 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE l LEGAL PAGE 14 DISTANCE OF 40.27 FEET {CHORD BEARS S 04°37 1 33" W 39.19 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 18°26 1 59" E 9. 34 FEET; THENCE CONTINUING ALONG SAID CENTERIJINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50. 00 FEET AND A CENTRAL ANGLE OF 41°51'43 11 , A DISTANCE OF 36. 53 FEET (CHORD BEARS S 02°28 1 53" W 35. 72 FEET) ; THENCE CONTINUING ALONG SAID CENTERLINE S 23°24' 44" W 52. 26 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50. 00 FEET AND A CENTRAL ANGLE OF 39°55 '48", A DISTANCE OF 34.85 FEET (CHORD BEARS S 03°26'50 11 W 34.14 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 16°31' 04 11 E 8. 35 FEET i THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50. 00 FEET AND A CEN'l'RAL ANGLE OF 48°53 1 14 11 , A DISTANCE OF 42. 66 FEET {CHORD BEARS S 07°55' 33" W 41. 38 FEET) ; THENCE CONTINUING ALONG SAID CENTERLINE S 32°22 'l1" W 27. 64 FEET i THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 26°24'43", A DISTANCE OF 23.05 FEET (CHORD BEARS S 19°09'49" W 22.85 FEET) ; THENCE CONTINUING ALONG SAID CENTERLINE S 05°57' 27 11 W 107. 09 ·FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 05°31'35" I A DISTANCE OF 9. 65. FEET {CHORD BEARS s 03°11I40 II w 9. 64 FEET);. THENCE CONTINUING ALONG SAID CENTERLINE S 00°25 1 52" W 48. 93 FEET; THENCE . CONTINUING ALONG SAID CENTERLINE ALONG THE ~C OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 09°55'00", A . . DISTANCE OF 17.31 FEET(CHORD BEARS S 05°23'22" W 17.29 FEET) TO A POINT ON THE SOUTHERLY LINE OF LOT 26 OF SAID SECTION 1, THE TERMINUS; WHENCE THE SOUTHWEST CORNER OF SAID SECTION 1 BEARS N 88°09'24" W 801.05 FEET. THE ABOVE DESCRIBED PROPERTY CONTAINING.A TOTAL ACREAGE OF 430.698 ACRES, MORE OR LESS. 8/5/99 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P962 M ALSDORF 79 cf 81 R 406.00 D 0.00 GARFIELD COUNTY CO EXHIBITB (Annexable Property Legal Description) Those parcels of property identified as Future Development, Phase 1, Future Development, Phase 2, Future Development Phase 3 and Future Development, Phase 4 and more particularly described on the Final Plat of Rose Ranch Plarmed U1nt Development, Phase 1) recorded in the records of the Clerk and Recorder for Garfield County, Colorado on //-5'7'3, MJOe, at Reception No. ~~ -tt~B Declaration of Protective Coven.ants Rose Ranch P. U.D. 13-Sep-99 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P963 M ALSDORF 80 of 81 R 406.00 D 0.00 G~RFIELD COUNTY CO EXHIBITC (Golf Course Parcel Legal Description) Those parcels of property identified as Golf Course Parcel 1, Golf Course Parcel 2, Golf Course Parcel 3, Golf Course Parcel 4, Golf Course Parcel 5 and Golf Course Parcel 6 and more paiiicularly described on the Fina] Plat of Rose Ranch Pla1med Un]t Development, Phase 1, recorded in tbe records of the Clerk and Recorder for Garfield County, Colorado 011.1/-_,...?3 ,l~&D, at Reception No. 5""6 "?/Ef'B Declaration of Protective Covenanrs Rose Ranch P. U.D. 13-Sep-99 1111111111111111111111111111111111111111111111111111111 623133 0311s1200030 00 4 0:0~: ~~:~~Er~6 6onN~~s~~RF 81 of Bl R 406. · EXHIBITD (Recorded Easements, Licenses, Covenants and Restrictions) 1. Declaration of Golf Facilities Development, Construction and Operational Easement) executed by Roaring Fork Investments) LLC on ...569 ) 1999, and recorded in the records of the Clerk and Recorder for Garfield County, Colorado on/A.s"'7""" ,.t~, at Bool</~, Page~ and Reception No.~?/~..? 2. Grant of Conservation Easement) conveyed by Roaring Fork Investments, LLC to the Roaring Fork Conservancy on I'~~, 1999, and recorded in the records of the Clerk and Recorder for Garfield County, Colorado on /..-l-59'7 , 'l~()!}) at Book /;u/0 , Page7n? and Reception No. :f6'9/9.6 3. Easement Agreement, between Roaring Fork Investments, LLC and the Westbank Mesa Homeowner's Association) Inc., dated~~' 1998, and recorded in the records of the Clerk and Recorder for Garfield County) Colorado on"/-~, 1999, at Book/.6'il, Page5fr"' and Reception No. ~"?/.? 4. Roaring Fork Water & Sanitation District Roaring Fork Investments, LLC Pre-inclusion Agreement, between Roaring Fork investments, LLC, the Roaring Fork Water & Sanitation District and the Board of County Commissioners for Garfield County, Colorado, dated.J9? , 1999 and recorded in the records of the Clerk and Recorder of Garfield County, Colorado on ,.;!~..P , 1999 at Book/~ Page6¢ and Reception No. ~6'PI~.!! Declaration of Protective Covenants Rose Ranch P.U.D. JJ~Sep-99 .C:~~ ,;''·~.~ .. ;~ ~::..:.1 ~~ ~~ ~~' ~-cjf •:~~·..,~·~··; ,ir· ... :·.:1 ieti\~· ;Jb~JT·~ ~·1 ·~·~ \,:·,~~:~~f ~ ~::uc-~. Gt;.J t 1111111111111111111111111111111111111111111111111111111 664762 12/09/2004 02:00P 81646 P3 M RLSDORF 1 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO FIRST AMENDMENT TO RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR IRONBRIDGE This Amendment (this "Amendment") is made this _16th_ day of November, 2004, and constitutes an amendment to the Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge, recorded March 18, 2003 at Reception No. 623133 in the real property records of the County of Garfield, State of Colorado, as amended and supplemented from time to time (the "Declaration"). WITNESSETH: WHEREAS, the Declaration created and defined certain covenants, conditions, restrictions and easements for Ironbridge (the "Project"); WHEREAS, pursuant to Article XX of the Declaration, the Declaration may be amended by the consent and agreement of Owners (all capitalized terms shall have the meanings as defined in the Declaration, unless otherwise defined herein) representing sixty-seven percent (67%) or more of the votes possible to be cast under the Declaration; and WHEREAS, LB Rose Ranch LLC, a Delaware limited liability company ("Declarant"), is the Declarant under this Declaration and is the sole owner of property subject to the Declaration and, therefore, is the only Owner and the only party entitled to vote on the amendment of the Declaration, which vote of approval is evidenced by Declarant's execution of this Amendment. NOW, THEREFORE, the Declaration is hereby amended as follows: I. Real Estate Transfer Assessment. Paragraph No. 12, Section 11.14 "Real Estate Transfer Assessment" is hereby deleted in its entirety, including without limitation all subparts. There shall be no Real Estate Transfer Assessment on the transfer of improved or unimproved Lots within Ironbridge. 2. Corrections. In Paragraph No. 14, the new Article added was incorrectly referenced as Article XXII. The new Article added by Paragraph No. 14 shall hereafter be referred to as Article XXIII and Section 22.1 thereunder shall hereafter be referred to as Section 23.1. Further, the reference to "Eagle County" in new Section 23.1.B.ii is hereby changed to read "Garfield County." 3. Definition of "P.U.D. Resolutions of Ap_proval". The definition of "P.U.D: Resolutions of Approval" as contained in Section 2.1.KK is hereby amended by adding at the end thereof, the following: "together with all amendments thereto currently or hereafter effected, including, without limitation, Commissioner Resolution No. 99-068 recorded June 8, 1999, in Book 1133 at Page 922, Commissioner Resolution No. 2004-20 recorded February 11, 2004, in Book 1560 at Page 431 and Commissioner Correction Resolution No. 2004-26 recorded March 111111111111111111111111111111111111111 /II lllll IJll llll 664762 12/09/2004 02:001' 81646 P4 M RLSDORF 2 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO 2, 2004 in Book 1565 at Page 600, each in the records of the Clerk and Recorder of Garfield County, Colorado. 4. Garage Sales Permitted. Section 17.5 is hereby amended by deleting from the first sentence the words "garage sale, moving sale rummage sale". Garage sales and similar one- day or weekend sales of used household items will be permitted. 5. Article XVIII Deleted. Article XVIII, Additional Restrictions for Wildlife Protection, is hereby deleted in its entirety. Owners are advised to carefully review the P.U.D. Resolutions of Approval for current restrictions applicable to the Project. 6. Governing Law. This Amendment will be governed by and interpreted in accordance with the laws of the State of Colorado. 7. Conflicts Between Documents. This Amendment hereby supersedes and controls over any contrary provision contained in the Declaration. In case of conflict between the Declaration as amended hereby and the Articles and the Bylaws of The Ironbridge Property Owners' Association, the Declaration, as amended, shall control. 8. Declaration. Except as specifically set forth in this Amendment, the Declaration remains unchanged and in full force and effect. This Amendment to Declaration shall hereafter be interpreted for all purposes as part of the Declaration. IN WITNESS WHEREOF, the undersigned Declarant, as the sole Owner, has executed this Amendment on the day and year first written above. 2 DECLARANT: LB Rose Ranch LLC, a Delaware limited liability company By: P AMI LLC, a Delaware limited liability company, its managing member ~ > ~ ~:+ SLerite M. Brogan Title: Authorized Signatory I llllll lllll lllllll Ill lllll lllllll lllll Ill lllll 11111111 664762 12/09/2004 02:00P 61646 P5 M RLSDORF 3 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO STATE OF New York COUNTY OF New York ) ) SS. ) The foregoing instrument was acknowledged before me this ~ day ofNllh.,W2004, by Marguerite M. Brogan, as Authorized Signatory of P AMI LLC, a Delaware limited liability company, as managing member of LB Rose Ranch LLC, a Delaware limited liability company. My commission expires: [SEAL] ------:::::==--- JAYSON BERKSHIRE ~7"'~~~~~~~ .,4------== Notary Public, State of New York No. OlBE6086709 Qualified in New York County Commission Expires January 27. 2007 E:\CHents\LB Rose Ranch., LLC\lstamend-lronbrdg-dec-2cln.doc 3 FIRST SUPPLEMENT TO RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR In ON BRIDGE This First Supplement to the Restated Declaration of Covenants, Conditions, Restrictions and '2006, by Easements for Ironbridge (the "First Supplement to Declaration") is made as of ____ _ LB Rose Ranch LLC, a Delaware limited liability company ("Declamnt"). WITNESSETH: WHEREAS, Declarant has heretofore caused to be recorded a Restated Declaration of Covenants, Conditions, Restrictions and Easements for Jronbridge on March 18, 2003, at Book 1447, Page 884 (as amended or supplemented from time to time, the "Declaration") in the Garfield County, Colorado real property records; and WHEREAS, in Article 15 of the Declaration, Declarant expressly reserved for itself the right to expand the Property (all capitalized tem1s used herein shall have the meanings as defined in the Declaration, unless otherwise defined or modified herein) by annexing and submitting all or a portion of the Annexable Property to the terms and conditions of the Declaration and creating Lots and/or Common Area by one or more duly recorded Supplemental Declarations and Supplemental Plats; and WHEREAS, Declarant wishes to submit to the Property the real property described as Lots 250 through 296, inclusive, and as described on the Ironbridge Plarmed Unit Development, Phase II, according to the Plat thereof, recorded on 2006, at Reception No. --------~ in the Garfield County, Colorado real property records (the "Phase II Plat") (such real property hereinafter referred to as the "First Supplemental Property"), which consists of forty-seven (47) additional Lots and additional Conunon Area, as shown on the Phase II Plat. WHEREAS, Declarant wishes to reserve the right for itself to further expand the Property in the future in accordance with the Declaration. NOW, THEREFORE, Declarant hereby declares that both the Property and the First Supplemental Property shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easeinents and the covenants. conditions, restrictions and easements contained in the Declaration, which are for the purpose of protecting the value and desirability of the Property and the First Supplemental Property and which shall run with the land and be binding on all parties and heirs, successors and assigns of paiiies having any right, title, or interest in all or any part of the Property or the First Supplemental Property. I. General. The terms and provisions contained in this First Supplement to Declaration shall be in addition and supplemental to the terms and provisions contained in the Declaration. All terms and provisions of the Declaration, including all definitions, except those tenns and provisions specifically modified herein, shall be applicable to this First Supplement to Declaration and to the First Supplemental Property. The definitions used in the Declaration are hereby expanded and shall hereafter and jn the Declaration be deemed to encompass and refer to the Property as defined in the Declaration and the First Supplemental Property as defined herein. For example, "Lot" shall mean the Lots described in the Declaration plus the additional Lots described herein and on the Phase II Plat. Reference to the "Property" shall mean both the Property and the First Supplemental Property, reference to "Conunon Area" shall mean the Conunon Area described in the Declaration plus the additional Common Area depicted on t11e Phase II Plat and reference to the "Declaration" shall mean the Declaration as supplemented by this First Supplement to Declaration. All ownership and other rights, obligations and liabilities of Owners of original Units are hereby modified as described herein. 2. Annexation of First Supplemental Property. The First Supplemental Property is hereby and, upon the recording of this First Supplement to Declaration and the Phase II Plat shall be, annexed into the Property, and each Lot and the Common Area within the First Supplemental Property shall be subject to all of the covenants, conditions, restrictions and easements as contained in the Declaration. 3. Effect of Expansion. Assessments by the Association as provided in Article I 1 of the Declaration, upon the recording of this First Supplement to Declaration and the Phase II Plat, shall be assessed to all Owners in accordance with Article 1 1, regardless of whether such Owner is the owner of property which is part of the First Supplemental Property or part of the definition of the Property prior to the recording hereof. Notwithstanding any inclusion of additional real property under the Declaration, each Owner (regardless of whether such Owner is the owner of property which is part of the First Supplemental Property or part of the definition of the Property prior to the recording hereof) shall remain fully liable with respect to his obligation for the payment of the Common Expenses of the Association, including the expenses for any new Common Area, costs and fees, if any. The recording of this First Supplement to Declaration shall not alter the amount of the Common Expenses assessed to an Owner prior to such recording. 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 5. Conflicts Between Documents. In case of conflict between the Declaration, as supplemented hereby, and the articles of incorporation or bylaws of the Association, the Declaration as supplemented shall control. STATE OF COLORADO COUNTY OF GARFIELD ) ) SS. ) LB ROSE RANCH LLC, a Delaware limited liability company By: PAM! LLC, a Delaware limited liability company Its: Managing Member By: Name: ___________ _ Tille: The foregoing instrument was acknowledged before me this __ day of , 200 _, by ----,----as of PAMl LLC, a Delaware limited liability company, the Managing Member of LB ROSE RANCH LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: _____ _ [SEAL] Notary Public ' 1111 Ml\J'lr.i"il,\lllU~UW1.~!Pi~li~'W l,Jpj,*•11 11111 Reception~: 729973 08/03/2007 12:10:59 PM Jean Alberico 1 of 5 Rec Fee:$26.00 Dec Fee:0.00 GARFIELD COUNTY CO SECOND AMENDMENT TO RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR IRONBRIDGE This Amendment (this "Amendment") is made this ..11_ day of Ar.;.. J , 2007, and constitutes an amendment to the Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge, recorded March 18, 2003 at Reception No. 623133 in the real property records of the County of Garfield, State of Colorado, as amended and by a document recorded on December 9, 2004 at Reception No. 664762 (First Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Iron bridge) and collectively referred to in this Amendment as the "Declaration". WITNESSETH: WHEREAS, the Declaration created and defmed certain covenants, conditions, restrictions and easements for Ironbridge (the "Project"); WHEREAS, pursuant to Article XX of the Declaration, the Declaration may be amended by the consent and agreement of Owners (all capitalized terms shall have the meanings as defined in the Declaration, unless otherwise defined herein) representing sixty-seven percent ( 67%) or more of the votes possible to be cast under the Declaration; and WHEREAS, pursuant to the Bylaws of the Ironbridge Property Owners Association (the "Association") a vote of the Owners was held on the _rt_ day of A pr• I , 2007 and votes totaling more than 67% of the Owners voted to approve these Covenants as attested by the Secretary of the Association as set forth below. NOW, THEREFORE, the Declaration is hereby amended as follows: 1. The first sentence of Section 4.13 of the Declaration shall be amended to read as follows: ''To the fullest extent permitted by the Act, the Association may provide services to a Member or group of Members including, but not limited to, entering into an agreement(s) to allow a Member or group of Members to use all or any part of the Private Amenities." 2. The first paragraph of Section 6.5 of the Declaration shall be amended to add at the end of such paragraph the following: "Notwithstanding the foregoing, the Association may, from time to time, pursuant to Section 4.13 of the Declaration, enter into an agreement with the respective Second Amendment to Restated Covenants, etc. Ironbridge page I After recording return to: Wear, Travers & Perkins. P.C. I 000 S Frontage Rd W. Ste 200 Vail, CO 81657 1111 WI'\ lllT.l~,\1111,!Vllf,!IWl,ruf.lll/,l'll~:l.llJLl+-ll: ~1 1111111 Reception#: 729973 . 08/0312007 12:10:59 PM Jean Rlber~co 2 of 5 Rec FeB:$26.00 Ooo Fee:0.00 GARFIELD COUNTY CO owners of the Private Amenities, on such terms and conditions as the Association deems reasonable, which agreement would, among other things, allow an Owner or Owners to use the Private Amenities. Copies of any such agreement( s) may but need not be recorded in the office of the Clerk and Recorder of Garfield County, Colorado." 3. Section 11.2 of the Declaration shall be amended to add an additional sentence at the end of the section to read as follows: "The Assessments may include fees charged to the Association for use of the Private Amenities in accordance with contract(s) entered into by the Association pursuant to Sections 4.13 and 6.5 of these Declarations." 4. Section 11.4 of the Declaration shall be amended by the addition of the following at the end of the second sentence thereof: " ... ; and expenses incurred by the Association, if any, pursuant to the provision of special services to the Owners by the Association as provided in Section 4.13 of this Declaration." 5. This Amendment will be governed by and interpreted in accordance with the Jaws of the State of Colorado. 6. This Amendment hereby supersedes and controls over any contrary provision contained in the Declaration as adopted before this Amendment. In case of conflict between the Declaration as amended hereby and the Articles and the Bylaws of The Ironbridge Property Owners' Association, the Declaration, as amended, shall control. 7. Except as specifically set forth in this Amendment, the Declaration as adopted before this Amendment remains unchanged and in full force and effect. This Amendment to Declaration shall hereafter be interpreted for all purposes as part of the Declaration. THE BALANCE OF THIS PAGE IS LEFT INTENTIONALLY BLANK SIGNAWRE PAGES FOLLOW Second Amendment to Restated Covenants, etc. Ironbridge page2 I 1111 Ml\ •1 TilP&'l .Mll .N! ,1'1 ,l-llY.Wlfh!Hi~l+.a'.~·I 11111 Reception#: 729973 08/03/2007 12:10:59 PM Jean Alberico 3 of 5 Rec Fea:$26.00 Doc Fee:0.00 GARFIELD COUNTV CO IN WITNESS WHEREOF, the undersigned as President of the Ironbridge Property Owner's Association, pursuant to Article XX of the Declaration, has executed this Amendment on the day and year first written above. STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. The foregoing Second Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge was acknowledged to before me this ftlday of '111.~ , 2007 by J. Thomas Schmidt, as President of the Ironbridge Property Owner's Assoc1at1 . ~'th.~. No Pu ic My Commission expires: tJ.t-oz -.f.CJO g Second Amendment to Restated Covenants, etc. Iron bridge page3 1111 IM. f 11 T.I~ .ritl! .tti ,rfl .l'*A':~"lllr''IMI .I~~ ~·ii 11111 Reception#; 729973 08/0312007 12:10:59 PM Jean Albe~ico 4 of S Rec Fee:S26.00 Doo Fee:0.00 GRRFIELD COUNTY CO CERTIFICATION BY SECRETARY I, Eric E. Forerster, as Secretary of the Ironbridge Property Owner's Association, pursuant to Article XX of the Declaration and as required by the Colorado Common Interest Ownership Act certify that the foregoing Second Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge was submitted to the Owners as defined in the Declaration at a meeting called on the 19th day of April, 2007, for that purpose and received the approval of more than sixty-seven percent of the votes possible to be cast under this Declaration. Eric E. Foerster, Secretary Ironbridge Property Owner's Association STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. The foregoing Certification of Second Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge was acknowledged to before me this _ day of thy ;!> , 2007 by Eric E. Foerster, as Secretary of the Ironbridge Property Owner's Association. ~··~· My Commission expires: \~\~\Q,C\ Second Amendment to Restated Covenants, etc. Ironbridge page4 S. KELLER-GREEN NOTARY PUBLIC STATE OF COLORADO My Ccmmission Expires 10/02/2009 1111 WI. J'lr.l"i'l,11111.l'fl ,l't'l,1-iiY.rti,:~·W'ILIPIL ~·ii 11111 Reception#: 729973 08103/2007 12:10:59 PM Jean Alberico 5 of 5 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO APPROVAL OF DECLARANT The undersigned Declarant consent, pursuant to Article XX of the Declaration and may be as required by the Colorado Common Interest Ownership Act to the terms and conditions of the foregoing Second Amendment to Restated Declaration of Covenants, ~onditions, Restrictions and Easements for Ironbridge which consent is given on this l_ day of ~..::::.'-<s:. , 2007. STATE OF N!rW Yo~L<., ) COUNTY OF NcN yo~ )SS DECLARANT: LB Rose Ranch LLC, a Delaware limited liability company By: P AMI LLC, a Delaware limited liability company, its managing member ~rg >' Name: M :;te M. Brogan ~ Title: Authorized Signatory The foregoiog instrument was acknowledged before me this _l _day of ~007, by Marguerite M. Brogan, as Authorized Signatory of P AMI LLC, a Delaware limited liability company, as managing member of LB Rose Ranch LLC, a Delaware limited liability company. 1-Y\~ ~ Notary PublicQ My commission expires: _________ _ Second Amendment to Restated Covenants, etc. Ironbridge page 5 MARIBEL RUIZ Notary Public, State ol New Yori< No. 01RU6081733 Oua.tified in Countv o1 New York Commission Expires 'October 8, 2010 871198 12/08/2015 03:38: 17 PM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $0.00 eRecorded SECOND SUPPLEMENT TO RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR IRONBRIDGE This Second Supplement to the Restated Declaration of Covenants, Conditions, Restrictipns and Easements for Irnnbridge (the "Second Supplement to Declaration") is made as ~f. l·(l'LZ' ----------·' 2015 by Blue Heron Properties, LLC, a Colorado limited liability company (''Dec arant"), WITNESSETH: WHEREAS, Declarant has heretofr)re caused to be recorded a Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge on March 18, 2003, at Book 1447, Page 884 in the Garfield County, Colorado real property records (as amended or supplemented from time to time, including by that ce11ain first supplement dated Jun 16, 2016 and recorded on July 19, 2006 under Reception No. 702422, the "Declaration"); and WHEREAS, in Article 15 of the Declaration, Declarant expressly reserved for itself and its successors the right to expand the Property (all capitalized tem1s used herein shall have the meanings as defined in the Declaration, unless otherwise defined or modified herein) by annexing and submitting all or a portion of the Annexable Property to the terms and conditions of the Declaration and creating Lots and/or Common Area by one or more duly recorded Supplemental Declarations and Supplemental Plats; and WHEREAS, Declarant wishes to submit to the Property the real property described as Lots 20 through 42, inclusive, Lots 50 through 61, inclusive, and all Common Area and other real property described in Phase III of the Ironbridge Planned Unit Development, according to the Plat thereof, recorded on September 22, 2015, at Reception No. 868309, in the Garfield County, Colorado real property records (the "Phase III, Filing 1 Plat") (such real prope11y hereinafter referred to as the "Second Supplemental Property"). WHEREAS, Declarant wishes to reserve the right for itself and its successors to further expand the Property in the future in accordance with the Declaration. NOW, THEREFORE, Declarant hereby declares that both the Property and the Second Supplemental Property shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements and the covenants, conditions, restrictions and easements contained in the Declaration, which are for the purpose of protecting the value and desirability of the Property, which includes pursuant to this instrument the Second Supplemental Property, and which shaH rnn with the land and be binding on all parties and heirs, successors and assigns or parties having any right, title, or interest in all or any pm1 of the Prope11y, including the Second Supplemental Property. Second Supplement to Declaration Pagel of 3 871198 12/08/2015 03:38:17 PM Page 2 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $0.00 eRecorded 1. General. The terms and provisions contained in this Second Supplement to Declaration shall be in addition and supplemental to the terms and provisions contained in the Declaration. AH tem1s and provisions of the Declaration, including aH definitions, except those terms and provisions specifically modified herein, shall be applicable to this Second Supplement to Declaration and to the Second Supplemental Property. The definitions used in the Declaration are hereby expanded and shall hereafter and in the Declaration be deemed to encompass and refer to the Property as defined in the Declaration and the Second Supplemental Property as defined herein. For example, "Lot" means the Lots described in the Declaration plus the additional Lots described above and on the Phase III Plat; as another example, "Property" means the Property described in the Declaration plus the Second Supplemental Property; as another example, "Common Area" means the Common Area described in the Declaration plus the additional Common Area depicted on the Phase III Plat; as a final example, "Declaration" means the Declaration as supplemented by this Second Supplement to Declaration. AH ownership and other rights, obligations and liabilities of Owners of original Units are hereby modified as described herein. 2. Annexation of Second Supplemental Property. The Second Supplemental Property is hereby and, upon the recording of this Second Supplement to Declaration and the Phase HI Plat shall be, annexed into the Prope1iy, and each Lot, Common Area, and other property within the Second Supplemental Property shall be subject to all of the covenants, conditions, restrictions and easements as contained in the Declaration. 3. Effect .QI]~~P.~m-~i~m. Assessments by the Association as provided in Article 11 of the Declaration, upon the recording of this Second Supplement to Declaration and the Phase III Plat, shall be assessed to all Owners in accordance with Article 11, regardless of whether such Ovv:ner is the owner of property which is part of the Second Supplemental Property or part of the definition of the Property prior to the recording hereof. Notwithstanding any inclusion of additional real Property under the Declaration, each Owner (regardless of whether such Owner is the owner of Property which is part of the Second Supplemental Property or part of the definition of the Propert.y prior to the recording hereof) shall remain fully liable with respect to his obligation for the payment of the Common Expenses of the Association, including the expenses for any new Common Area, costs and fees, if any. The recording of this Second Supplement to Declaration shall not alter the amount of the Common Expenses assessed to an Owner prior to such recording. 4. Affordable Housing. Each affordable housing lot or unit within the Second Supplemental Property is expressly subject to Article 8 of the Garfield County Land Use and Development Code of 2013 and any other provision within the Declaration (as amended or supplemented) relating to affordable housing. 5. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 6. &:ontlicts Between Document.§. In case of conflict bet\:veen the Declaration, as supplemented hereby, and the articles of incorporation or bylaws of the Association, the Declaration as supplemented shall control. Second Supplement to Declaration Page 2of3 871198 12/08/2015 03:38:17 PM Page 3 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $0.00 eRecorded STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) BLUE HERON PROPERTIES, LLC, A COLORADO UM !TED UABILITY COMPANY By its Manager, Blue Heron Management, I,I,C, a Colom l.·. liability company and By its Manager, CLM Blue Heron, LLC, a Colorado limited liability company The foregoing .instrument was• ackn()Wledged hefo:re rne this /tY>1 day of A/a~t-t:k~£:: _______ .~ 2015, by Blue Heron Properties, LLC by its Manager, Blue Heron Management, LLC, by its Manager, John B. Young" WITNESS my hand and official seal. ~ l tt" deJ I ('j J\.:y commission expires: ., .... •-~ .. t.1fL~ ...... J .. L------------------'J~------------------ ..... ~-,·l1 " "-·"'''"Vt (} ,{ l M J . . . ,, . . . ., f VV' /~:':t?1 ;< -"\ ~ N~t;~~~t~fa~<lhfA~-----L:: .... ~':: ... ~::.~~~~~: ___ ,1r·"''· STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Second Supplement to Declaration Page 3 of3 PLAT NOTES 1.) Af3 A CONDlllDN PRECEDENT TD ll-IE ISSUANCE OF A BUIUDING PERMIT FOR ANY RESIDENTIAL HOUSING UNIT, AN IMPACT FEE OF $750.00 SHALL BE PAID BY ll-IE OWNER OF IBE LOT ll-IEREOF TO ll-IE GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FOR PUBLIC TRANSIT FACILITIES AND SERVICES TO BE PROVIDED BY ll-IE ROARING FORK TRANSIT AUll-IORITY. 2.) AUL STRUCTURES LOCATED Wlll-llN IBE IRONBRIDGE PUD SHALL HAVE ENGINEERED FOUNDATIONS. BASEMENTS SHAUL BE AULOWED ONLY WHERE SAFE, AS DETERMINED BY A QUALIFIED GEOTECHNICAL ENGINEER. 3.) PRIOR TO ANY EXCAVATIONS, AUL UTILITY COMPANIES SHAUL BE NOTIFIED FOR A FIEUD LOCATION OF ll-IEIR RESPECTIVE UTILITY LINES AND FACILITIES. 4.) IBERE SHAUL BE A MINIMUM 20' SETBACK FROM SINKHOLES FOR AUL STRUCTURES UNLESS MlllGA TION MEASURES APPROVED BY A QUALIFIED GEOTECHNICAL ENGINEER ARE INSTITUTED. 5.) AT OR PRIOR TO ll-IE CLOSING OF EACH LOT Wlll-llN ll-IE IRONBRIGE PUD, A WAIVER OF CLAIMS AGAINST GARFIEl.D COUNTY SHALL BE EXECUTED AND DELIVERED TO ll-IE GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BY EACH PURCHASER/OWNER OF ll-IE PROPERTY FOR ANY AUL CLAIMS PERTAINING TO ll-IE FOULOWING: A. FOUNDATION BREAKS RESULTING FROM COULAPSIBLE UNDERLYING GEOLOGY AND HIGHLY PERMEABLE SOILS AND IBE EFFECTS OF IRRIGATING ll-IE GOLF COURSE AND LAWNS; B. BREAKAGE OF POND LINERS RESULTING FROM UNDERLYING HYDROCOMPACTIVE SOILS; C. POTENTIAL GROUND SUBSIDENCE IN ll-IE MAJORITY OF ll-IE AULUVIAL FANS WHERE DEVELOPMENT IS PROPOSED RESULTING FROM SINK HOLES, GROUND FISSURING AND PIPING SOIL DISSOLUTION: AND D. GROUND SETTLEMENT AND SUBSIDENCE IN RESIDENTIAL AREAS SURROUNDING PONDS WIIBIN ll-IE AULUVIAL FAN AREAf3 DUE TO SEVERE WETTING OF HYDROCOMPACTIVE SOILS FROM POND LEAKAGE. 6.) IBE ROBERTSON DITCH HAS A 4G' WIDE EASEMENT, BEING 20' ON EACH SIDE OF ll-IE CENTERLINE OF SAID DITCH AS IDENTIFIED HEREON. 7.) AUL COSTS AND EXPENSES INCURRED DURING IBE INSTALLATION, MAINTENANCE, REPAIR AND/OR REPLACEMENT OF IBE PUBLIC ROADS DEDICATED HEREIN SHAUL BE BORNE BY ll-IE PROPERTY OWNERS ASSOOATION AND NOT GARFIELD COUNTY. 6.) OWNER(S) SHALL BE RESPONSIBLE FOR IBE CLEANING AND MAINTENANCE OF YARD DRAINS LOCATED ON ll-IEIR LOT. 9.) AUL DRAINAGE STRUCTURES SHAUL BE MAINTAINED BY IBE PROPERTY OWNERS ASSOCIATION IN ACCORDANCE Will-I ll-IE PROVISIONS OF ll-IE "REVISIONS OF FINAL DRAINAGE REPORT FOR IRONBRIDGE PUD PHASES 2, 3, AND 4 PREPARED BY HIGH COUNTRY ENGINEERING, INC. DATED JULY 15, 2005, A COPY OF Wl-ilCH SHAUL BE MADE AVAILABLE FOR INSPECTION AT ALL TIMES BY ll-IE PROPERTY OWNERS ASSOOATION. 10.) ll-IERE ARE POTENTIAL RISKS CONCERNING SETTLEMENT FROM COLLAPSIBLE SOILS AND RISK OF SPONTANEOUS GROUND OPENINGS RELATED TO EVAPORATE KARST PHENOMENA 11.) HOLIDAY AND CHRISTMAf3 LIGHTS SHAUL BE AULOWED FROM NOVEMBER 1 ll-IROUGH DECEMBER 31; PROVIDED HOWEVER, SAID LIGHTS MUST BE TURNED OFF NO LATER ll-IAN TEN O'CLOCK PM. 12.) DOGS KEPT ON ll-IE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEAf3H TO PREVENT HARASSMENT OF WILDLIFE. 1J.) CONTROL OF NOXIOUS IS IBE RESPONSIBILITY OF IBE PROPERTY OWNERS. 14.) NO OPEN HEARll-1 SOLID-FUEL FIREPLACES WIUL BE AULOWED ANYWHERE Wlll-llN IBE SUBDIVISION. ONE (1) NEW SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEQ., AND ll-IE REGULATIONS PROMULGATED IBEREUNDER, WILL BE ALLOWED IN ANY DWEWNG UNIT. ALL DWEULING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 15.) AUL EXTERIOR LIGHTING WIUL BE ll-IE MINIMUM AMOUNT NECESSARY AND AUL EXTERIOR LIGHTING WILL BE DIRECTED INWARD AND DOWNWARD, TOWARDS ll-IE INTERIOR OF ll-IE SUBDIVISION, EXCEPT ll-IAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING IBAT GOES BEYOND ll-IE PROPERTY BOUNDARIES. 16.) 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 ll-IE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY Will-I A STRONG RURAL CHARACTER AND A HEALll-IY RANCHING SECTOR. ll-IOSE Will-I AN URBAN SENSlllVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE ll-IAT RANCHING, FARMING AND Oll-IER AGRICULTURAL ACTIVITIES AND OPERATIONS WIIBIN GARFIELD COUNTY SHAUL NOT BE CONSIDERED TO BE A NUISANCES SO LONG AS OPERATED IN CONFORMANCE Will-I ll-IE LAW AND IN A NON-NEGLIGENT MANNER. IBEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND ll-IE APPLICATION BY SPRAYING OR Oll-IERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURAULY OCCUR AS PART OF A LEGAL AND NON-NEGLIGENT AGRICULTURAL OPERATIONS. 17.) AUL OWNERS OF LAND, WIHEll-IER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS Willi REGARD TO ll-IE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE Will-I ZONING, AND Oll-IER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT IBESE RIGHTS AND RESPONSIBILlllES AN ACT AS GOOD NEIGHBORS AND CITIZENS OF ll-IE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY ll-IE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 18.) AUL PUBLIC UTILITY EASEMENTS EXIST AS BUILT AND IN PLACE SUFFICIENT FOR MAINTENANCE AND REPAIRS. SURVEYOR'S NOTES: 1.) BASIS OF BEARINGS FOR ll-llS SURVEY IS A BEARING OF S86'49'23"E ALONG ll-IE NORIBERLY LINE OF ll-IE SUBJECT PROPERTY BETWEEN FOUND REBARS AND CAPS LS19598 AS SHOWN HEREON. 2.) DATE OF ll-llS SURVEY: JULY 27ll-I, 2016. 3.) ll-llS SURVEY IS BASED ON ll-IE FINAL PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II, FILINGS 1, 2 & 3 IBEREOF RECORDED AS RECEPTION NO. 702420. 4.) ll-llS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN ll-IE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ISSUE DATE MAY 18ll-I, 2016 (ORDER NUMBER ABS6J010607). 5.) ll-llS PROPERTY IS GOVERNED BY IBE RESTRICTIVE COVENANTS RECORDED MARCH 18, 2003 IN BOOK 1447 AT PAGE 884, AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 09, 2004 IN BOOK 1646 AT PAGE 3, AND FIRST SUPPLEMENTAL RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 283 AND SECOND AMENDMENT RECORDED AUGUST 02, 2007, UNDER RECEPTION NO. 729973, ALONG Will-I RESTRICTED COVENANTS RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 287. 6.) ll-IE PURPOSE OF ll-115 AMENDED PLAT IS TO: VACATE IBE SANITATION DISTRICT PARCEL NAME AND RENAME IT TO PARCEL A. 7.) ALL Oll-IER TERMS, CONDlllONS AND PROVISIONS AS SET FORll-1 WIIBIN ll-IE FINAL PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II, FILINGS 1, 2 & 3 RECORDED AS RECEPTION NO. 702420 IN ll-IE GARFIELD COUNTY CLERK AND RECORDERS OFFICE, SHAUL REMAIN IN EFFECT AND IN PLACE. TITLE CERTIFICATE I, AN AGENT AUll-IORIZED BY LAND TITLE COMPANY, DO HEREBY CERTIFY IBAT I HAVE EXAMINED ll-IE TITLE TO ALL LANDS SHOWN UPON ll-llS PLAT AND ll-IAT TITLE TO SUCH LANDS IS VESTED ARE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EAf3EMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING IBE REAL PROPERTY IN ll-llS PLAT), EXCEPT Af3 FOULOWS: DATED ll-llS __ DAY OF ___________ ~ A.O., 2016. TITLE COMPANY: LAND TITLE COMPANY AGENT O"nCE; ACCCRllNG 10 COLORADO LAW YOU MUST COMMENCE ANY LECAL ON BASED UPClt AHY DEFECT IN TIIS SUR\IEY 'MTHIN THREE ~ YOU FIRST DISCOVER SI.JO-I DEFECT. II NO E\IENT MAY ANY ACTIC»I ASED UPON ANY DEFECT IN THIS SUR'v'EY BE ca.tMENCED MORE THAN lEN AMENDED FINAL PLAT OF IRONBRIDGE PHASE II, FILINGS 1 , 2 & 3 RECEPTION NO. 702420 ·RENAME SANITAITON DISTRICT PARCEL SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO ' ~- ' ~-----°"'---- "' "' \ \ \ \ \ 5 o' WIDE ROCKY MOUNTAIN NATURAL GAS EASEMENT RECEPTION NO. 482124 4G' WIDE ROBERTSON DITCH & IRRIGATION EASEMENT BOOK 7 AT PAGE 115 CERTIFICATE OF TAXES PAID I, ll-IE UNDERSIGNED, DO HEREBY CERTIFY ll-IAT ll-IE ENTIRE AMOUNT OF TAXES AND Af3SESSMENTS DUE AND PAYABLE AS OF UPON AUL PARCELS OF REAL ESTATE DESCRIBED ON ll-llS PLAT ARE PAID FULL DATED ll-llS __ DAY OF --------A.O., 2016. B~-=-::=:::-::--::-::.,,,.,=-:-~::-:-::,.,,,,::=-----­ GARFIELD COUNTY TREASURER BASED UPON ll-IE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, ll-IE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES ll-llS AMENDED PLAT ll-llS DAY OF 2016, FOR FILING Will-I ll-IE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO ll-IE COUNTY OF ll-IE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO ll-IE PROVISIONS IBAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EAf3EMENTS DEDICATED TO ll-IE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY ll-IE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. ll-llS APPROVAL SHAUL IN NO WAY OBLIGATE GARFIELD COUNTY FOR ll-IE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OIBER PUBLIC DEDICATIONS SHOWN HEREON. B~-:;,,..,,,,,.,.,,..,.-=-:::-:-::,,...,=-"""'""',..,...,"""'""""""'""==--CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIEUD COUNTY, COLORADO WITNESS MY HAND AND ll-IE SEAL OF IBE COUNTY OF GARFIELD. ATTEST: ______________ _ COUNTY CLERK DATED ll-llS __ DAY OF-------2016. B~-=-:=:=co--=""'"'~'"""'~~=--------GARFIELD COUNTY SURVEYOR CLERK AND RECORDER'S CERTIFICATE IBIS PLAT WAS FILED FOR RECORD IN ll-IE OFFICE OF ll-IE CLERK AND RECORDER OF GARFIELD COUNTY AT __ o'CLOCK ON IBIS __ DAY OF ____ _ A.O. 2016, AND IS DULY RECORDED AS RECEPTION NO. ________ _ CLERK AND RECORDER B~-----------------DEPUTY COMMON AREA r I I I I I I I I I I I LOT282 LOT283 / / / LOT281 , ' ~ ! 36 2 2 7 12 I 11 W- VICINITY MAP SCALE: 1 • -2000' CERTIFICATE OF DEDICATION OWNERSHIP ll-IE UNDERSIGNED BLUE HERON DEVELOPMENT COMPANY, A COLORADO CORPORATION, BEING SOLE Ol\lllER IN FEE SIMPLE OF ALL ll-IAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: SANITATION DISTRICT PARCEL, ACCORDING TO THE FINAL PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II, FILINGS 1, 2 & 3 IBEREOF RECORDED AS RECEPTION NO. 702420 IN IBE GARFIELD COUNTY CLERK AND RECORDERS omcE, COUNTY OF GARFIELD, STATE OF COLORADO. CONTAINING 0.459 ACRES, MORE OR LESS, HAVE CAUSED IBE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT AND PLATTED AS SHOWN ON IBIS PLAT UNDER ll-IE NAME AND STYLE OF ]:jf:. AMENDED FINAL PLAT OF SANITATION DISJRICT PARCEL OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II, FILINGS 1, 2 & 3, A SUBDIVISION IN ll-IE COUNTY OF GARFIELD. IBE OWNER DOES HEREBY DEDICATE AND SET APART AUL OF ll-IE STREETS AND ROADS AS SHOWN ON IBE ACCOMPANYING PLAT TO ll-IE USE OF ll-IE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO HOMEOWNER'S Af3SOCIATION ll-IOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON ll-IE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR ll-IE INSTALLATION AND MAINTENANCE OF UTILlllES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAf3 LINES AND TELEPHONE LINES, TOGEll-IER Will-I ll-IE RIGHT TO TRIM INTERFERING TREES AND BRUSH, Willi PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHAUL BE UTILIZED IN A REAf30NABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY ll-IE SEULER OR PURCHASER, NOT BY ll-IE COUNTY OF GARFIELD. EXECUTED IBIS __ DAY OF --------A.O., 2016. Ol\lllER: BWE HERON DEVIELOPMENT COMPANY, A COLORADO CORPORATION 4JO IRONBRIDGE DRIVE GLENWOOD SPRINGS, CO 81601 BY ITS MANAGER, BLUE HERON MANAGEMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY B~---------------------JAMES W. LIGHT, ITS MANAGER STATE OF COLORADO COUNTY OF GARFIELD ll-IE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME IBIS DAY OF 2016, BY BLUE DEVELOPMENT COMPANY, ULC BY ITS MANAGER, BLUE HERON MANAGEMENT, LLC, BY ITS MANAGER, JAMES W. LIGHT. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: __________ _ NOTARY PUBLIC: _______________ _ SURVEYOR'S CERTIFICATE I, RODNEY P. KISER, DO HEREBY CERTIFY IBAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER ll-IE LAWS OF IBE STATE OF COLORADO, ll-IAT ll-llS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE AMENDED FINA! pl AI OF SAN!IAJ]ON QISJR!CT pABCf! OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHAf3E II, FILINGS 1, 2 & 3, A SUBDIVISION AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, ll-IAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS ll-IE LOCATION AND DIMENSIONS OF ll-IE LOTS, EASEMENTS AND STREETS AS ll-IE SAME ARE STAKED UPON IBE GROUND IN COMPLIANCE Will-I APPLICABLE REGULATIONS GOVERNING ll-IE SUBDIVISION OF LAND. IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL ll-llS __ DAY OF ------2016. B~-=~~-=-~~-=::-::-~-=~~-----­RODNEY P. KISER, PLS NO. 38215 HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 MINERAL OWNERS 1. JAMES LA VERN ROSE P.O. BOX 1240 RIFLE, COLORADO 81602 2. WES1BANK RANCH #1 LTD. 235 OAK LANE GLENWOOD SPRINGS, COLORADO 81601 3. UNITED STATES OF AMERICA C/O BUREAU OF LAND MANAGEMENT P .0. BOX 1 009 GLENWOOD SPRINGS, CO 81601 4. ESTATE OF JOHN C. RIGNEY (DECEASED) 5. ESTATE OF PHIL T. RIGNEY (DECEASED) 6. WILLIAM WALTER GENTRY A.K.A. WILLIAM GENTRY "' w z > z Qo" w 5~ 00 g -o Cl"' u. -j;j j::..J I oO N::;; z 0 Nz f"" Cl -0 .o Jct 0 ° i=J'i 0 " =>z 00 ill J • . ..Jw -...,. <CO Ol 0 Ul >-aJ z 0 Ui ~ a:: ci z "' 0 ..J ~ ii: a:: ~::E 0 a:: ~ 0 (J) w !ii @ 1i i= 0 0:: Cl ~~ Oo 0:: ...J 0.. 0 z ll 0 . ffi ~ :r (J) w <t :J en ...J en w u l.J...m ~ctOE >0<9J ~~~5 ~~~ffi lll0 :Em ~ ·w:E o~:r::UI "'of-:< lll=>°'O woez z>-:i iiiWJ'IO :>"' <("' mO><:l o,u. 6"' _,w w ;i'Il><D wZ 0 :> I ~ to s -r:, 11. ~ ~ 0 N ~ WO =1 -0 "- PROJECT NO. 2141026 I OF I Karl J. Hanlon kjh@mountainlawfirm.com August 16, 2016 Hand Delivery Kathy Eastley Sander N. Karp* James S. Neu Karl J. Hanlon Michael J. Sawyer James F. Fosnaught Jeffrey J. Conklin Andrew A. Mueller • Fellow oft/ie College of Labor am/ Employment Lawyers Garfield County Community Development 108 81h Street, Suite 401 Glenwood Springs, CO 81601 Matthew L. Trinidad Patrick L. Barker Jon T. Hoistad Delphine F. Janey Of Counsel Richard I. Zuber** Anna S. Itenberg Greg S. Russi Hollie L. Wieland ww Fe/10111 of the American Academy of Matrimonial Lmvyers Re : Ironbridge Phase II, Filings 1, 2 & 3 Amended Final Plat Garfield County File Number FPAA-06-16-8466 Dear Kathy: Glenwood Springs Office 201 141h Street, Suite 200 P. 0. Drawer 2030 Glenwood Springs, CO 81602 Aspen Office*** 323 W. Main Street, Suite 301 Aspen, CO 81611 Mon/rose Office *** 1544 Oxbow Drive, Suite 224 Montrose, CO 81402 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 www .mountainlawfirm.com *W*All corre.-.pondence should he sent to the Glenwood Springs office Thank you for your letters regarding the Application to Amend the Ironbridge Phase II, Filings 1, 2 & 3 Final Plat. The following addresses the numbered items in your July 8, 2016 letter. 1. A title commitment was included but it does not identifY whether there are any lienholders. A statement should be provided stating that there are no lienholders on the subject parcel. If there are lienholders, then the Lienholder Certificate needs to be added to the plat. The title commitment does not reflect lien holders because there are no liens on the property at this time. 2. The mineral owner research is from 2014. An updated Mineral Owner search should be conducted. Applicant has re-conducted a title search relating to the mineral estate underlying all of the surface lands embraced within all phases of the Ironbridge PUD by reviewing deeds recorded in the office of the Garfield County Clerk and Recorder. Applicant has confirmed through such review that it owns the mineral estate but that James L. Rose may claim a fractional interest to a portion thereof. Therefore, for the purpose of notice of the Application to the mineral owner, Applicant has provided notice to James L. Rose. 3. Plat issues (May be COAs): a. Add "Rename" before "Sanitation District Parcel" in title Karp .. Neu .. H!tr:!l9.n~ Response to NTC Letter for Ironbridge PUD Amendment Application Garfield County File Number PUAA-06-16-8465 Page 2 b. The County Commissioner Certificate is missing the last sentence from the template version. This Certificate needs to be corrected. c. The date in the Surveyor's Notes #2 needs to be corrected. d. The Surveyor's Notes identifying the purpose for the Amended Final Plat needs to remove reference to Affordable Housing. The purpose should simply state that the Amended Final Plat is to rename the Sanitation Parcel. e. Section 5-402(F)(l) requires that the name and address of the mineral owners be shown on the plat. This needs to be added. f. Section 5-402(F)(l6) requires that the book and page of the recorded CC&Rs be shown on the plat. This needs to be added. The foregoing are all addressed on the revised Plat attached hereto. KJH:ap Enclosures cc: Blue Heron Development Co. Matt Langhorst Very truly yours, KARP NEU HANLON, P.C.