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HomeMy WebLinkAbout1.01 Declaration of Covenants & Road-Sharing Agreement1111II'iMhihveM11I41.1/I IliN4 1III1 Reception#: 827816 11130!2012 02:23:10 PM Jean Alberico 1 of 8 Rec Fee:8'48.00 Doc Fee:0.00 GARFIELD COUNTY CO DECLARATION OF COVENANTS AND ROAD -SHARING AGREEMENT THIS DECLARA ON OF COVENANTS and ROAD -SHARING AGREEMENT is made this /0 day of , 2012, by Lacy Orr and Howard G. Smith (a/k/a/ Gil Smith) (hereinafter ref ed to s "Declarant"), owner of the real property described below, which property is located in Garfield County, Colorado: RECITALS WHEREAS, Declarant is the sole owner of certain real property to be known as the Orr - Smith .Subdivision Exemption, located in Garfield County, Colorado, and which is more particularly described in Exhibit A and depicted in Exhibit B, both attached hereto and incorporated herein by this reference, consisting of approximately 78.4 acres (hereinafter referred to as the "Property"); and WHEREAS, Declarant intends to divide the Property into a total of five lots, identified as Lots 1-5, as approximately depicted on the proposed plat map attached hereto as Exhibit B; and WHEREAS, an unimproved road exists across Lot 1 in a location corresponding with that depicted on Exhibit B, and legally described Exhibit C, attached hereto and incorporated by reference, running southeast from roughly the southwest corner of Lot 1 toward and onto Lot 2; and WHEREAS, Declarant intends that Lots 1 and 2 will share a common Access Road from Garfield County Road 312 as depicted on Exhibit 13 attached hereto and as described in Exhibit C and in the preceding paragraph; and WHEREAS, Declarant further intends that Lots 1 and 2 may also use this same conunon Access Road to provide access for Emergency and Fire Services vehicles to either Lot and to provide for the installation of any future utilities services to either or both of the Lots; and WHEREAS, Declarant desires to establish the relative rights and obligations of the owners of Lots 1 and 2 concerning the shared use of the common Access Road and to create easements for the existence, operation, repair and replacement of the same, and for future installation, operation, maintenance and repair of utilities within the same; NOW, THEREFORE, Declarant hereby declares that the Lots 1 and 2 shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Lots 1 and 2 and be binding upon all parties having any right, title or interest in either of those Lots, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Grant of Easement for Access Road. The owner of Lot 2 shall have a perpetual non- exclusive easement thirty feet in width, as particularly described in Exhibit C and depicted in Exhibit B, over and across an existing un -paved road on Lot 1 for ingress and egress between Orr -Smith Exemption Covenants Page 2 of 4 1111 I 'i N1NIV IIIA''iLk111 ML Ia '1ililrcorl , ki NI 111 Reception#: 827816 1ico 21of082012 Rec Fee2$46m00DocNJean Fee:0 00 GARFIELD COUNTY CO County Road 312 and Lot 2 ("Access Road"). The Access Road shall exist within the easement therefor and shall extend from the point at which it intersects County Road 312 to the point at which it intersects the western boundary of Lot 2. To the extent that such road extends east of the point on Exhibit B labeled Lot 2, it shall thereafter be solely owned by the owner of Lot 2 and its improvement, maintenance, repair shall be the sole responsibility of the owner of Lot 2 and its use may be restricted as determined solely by the owner of Lot 2. 2. Shared Responsibility for Maintenance and Costs of Access Road. Responsibility for improvement, maintenance and repair of the Access Road shall be shared mutually by the owners of Lots 1 and 2 as set forth below: a. All costs for improvement, maintenance, and repair of the Access Road shall be shared equally by the owners of Lots 1 and 2. Maintenance of the Access Road includes, but is not limited to, maintenance and / or replacement of the existing cattle guard at the southwest comer of Lot 1, separating Lot 1 from County Road 312. b. Before any such work is commenced, the owners of Lots 1 and 2 shall agree upon plans and specifications for such work and the individual or entity that will perform the work. The owners of Lots 1 and 2 may also agree upon a maximum cost for such work. The parties may agree upon an alternative distribution of costs, but any such agreement shall be unenforceable unless it is in writing signed by the owners of Lots 1 and 2. c. In the event that the owners of Lots 1 and 2 are unable to agree upon the elements set forth in subparagraph a. above, either individual owner may undertake improvements to the Access Road and shall be solely responsible for the costs thereof, except that neither owner may cause the road to be paved without the written consent of the other. d. No Lot owner shall be obligated to contribute toward road improvement, maintenance or repair until such time as that Lot owner commences the construction of a residence on his or her Lot. At such time, however, such Lot owner shall be responsible for reimbursing the other Lot owner for one half of all documented costs of improvements, maintenance and repairs as the owner may have previously incurred. 3. Grant of Easement for Utilities. The owner of Lot 2 shall also have a perpetual non- exclusive easement thirty feet in width over and across Lot 1 (as depicted on Exhibit B and described in Exhibit C) for the purposes of installation, operation, use, maintenance, repair and replacement of any utilities. This easement may be used for this purpose so long as the utilities remain buried beneath the Access Road, so long as their construction and maintenance does not unreasonably interfere with the use of said Access Road by the owner of Lot 1 for an unreasonable amount of time, and so long as their installation and maintenance is undertaken in compliance with alI applicable county, state and federal laws as may now exist or may in the future govern such construction. For the purposes of this easement, the term "utilities" shall be interpreted broadly, and shall non -exclusively include sewer, water, telephone, cable, electricity, internet, or other similar connections to services commonly defined as "utilities." Any Lot owner installing, maintaining or repairing utilities shall be solely responsible after the Orr -Smith Exemption Covenants Page 3 of 4 111117.61Tr V:1111111 lifil 141C1C141Ct0C10,1114 11 11 1 Reception#: 827816 11130f2012 02:23:10 PM Jean Alberioo 3 of 8 Reo Fee:$46.00 Doe Fee:0.00 GARFIELD COUNTY CO completion of said work for the reconstruction and restoration of the Access Road to substantially the same condition as before said work was performed. 4. 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 and use the Access Road in the proper functioning of their duties in their capacities for the benefit or either or both of Lots 1 and 2. 5. Covenants to run. The covenants, conditions and restrictions contained herein shall run with Lots 1 and 2 and shall bind the owners thereof, their successors and assigns. 6. Enforcement. This document may be enforced by either Lot owner or any governmental agency having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by this document. The interpretation of this document shall be governed by Colorado law. Unless the parties to any dispute arising with regard to this document agree to an alternate form of dispute resolution, venue for any dispute arising with regard to this document shall be in the courts of Garfield County, Colorado. The prevailing party in any legal action to enforce this document shall be entitled to reasonable attorneys' fees and costs. 7. Amendments. This document shall be recorded in the real estate records of Garfield County, Colorado. This document may be amended only by the unanimous written consent of the owners of Lots 1 and 2. No amendment shall be effective until an instrument setting forth such amendment, signed by both Lot's owners, is recorded in the real estate records of Garfield County, Colorado. 8. Severability. Should any provision of this document be declared invalid or unenforceable by a Court of competent jurisdiction, such decision shall not affect that validity of any other provisions, which shall remain in full force and effect. DATED: , 2012. Howard G. Smith (a/k/a/ Gil Smith) Notary on following page Orr -Smith Exemption Covenants Page 4 of 4 STATE OF MONTANA } } ss. COUNTY OF RAVALLI } 1111raJill 'I'iPiaml 11111 Reception#: 827816 11/30/2012 02:23:10 PM Jean Alberlco 4 of 8 Rec Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY CO The foregoing Declaration was subscribed and sworn to before me this (p day of , 2012, by Lacy Orr. I SS my hand nnsinffL.ial seal. My commission expires: /V00 ' (.O f )nt Li - 4 1 ,,A KATHY L. PETERSON erg NOTARY PUBUC for the 1.40TARIAL)*;grate of Mamma. 1 4 gm, x Reside ai Nrnslllan, Montane My Omission EXplrca Novomber 18, 2014 d! v\ckmA..40._ py STATE OF } ss. COUNTY O� k,9} 'i/, N s ar Public The foregoing Declaration was subscribed and sworn to before me this ici day of , 2012, by Howard G. Smith (alk/a/ Gil Smith). WITNR ial seal. My commission expires: f a J 16, KATHY L. PETERSON NOTARY PUBLIC for She Slate of Montana Residing at Hamilton, Montana My CRmmisalon Expires Novgmbor 18, 2014 e ar, Public / 1111 MAIM1111.1. 1114 11111 Receptiion#: 827816 11/30/2012 02:23:10 PM Jean Alberico 5 of 8 Reo Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit A Legal Description Orr -Smith Subdivision Exemption A tract of land situated in the S1/2SE1/4 of Section 30, Township 6 South, Range 90 West of the 6th, P.M., County of Garfield, State of Colorado, said tract of land being described by metes and bounds as follows: Beginning at the South 1/4 corner of said Section 30, said South 114 corner being monumented with a rebar and aluminum cap, PLS No. 19598 being found in place; Thence along the West line of said S1/2SE1/4 N.00°43'40"E. 1330.02 feet to the Northwest corner of said S1/2SE1/4, said point being monumented with a rebar and aluminum cap, PLS No. 9598 being found in place; Thence along the North line of said S1/2SE1/4 S.89°08'24'E. 2661.08 feet to the Northeast corner of said S1/2SE1/4, said point being monumented with a rebar and aluminum cap, PLS No. 19598 being found in place; Thence along the East line of said S1/2SE1/4 S.00°39'38"W, 901.75 feet to the Northeast corner of that tract of land as described in document recorded in Book 368 at Page 481 of the records of the Garfield County Clerk and Recorder's office; Thence along the boundary as described in said document (record bearings have been rotated 00°38'42" clockwise) the following four courses; 1) S.59°05'42"W. 316.90 feet; 2) S.36°15'18"E. 160.80 feet; 3) S.01°14'42"W. 102.10 feet; 4) N.89°07'42"E. 174.53 feet to a point on the East line of said S1/2SE1/4; Thence along said East line S.00°39'38"W. 30.00 feet to the Southeast corner of said S1/2SE1/4, said point being monumented with a rebar and aluminum cap, PLS No. 19598 being found in place and from whence a witness corner monument being a rebar and aluminum cap, PLS No. 19598 being found in place bears N.00°39'38"E. 28.00 feet; Thence along the south line of said S1/2SE1/4 N.89°16'40"W. 2662.52 feet to the Point of Beginning. Containing 79.51 acres, more or Tess. Page 1 • 1111 mem witwitionmemiciami 11111 Reception#: 827816 11/3012012 0223:10 PM Jean Alberico 6 of 8 Reo Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY CO 1 IT If ` ff 0 -1 a o -h c) v rt q no En o FL ° tc4h 5' CD M CI` rri St a-7 X 0 0 ffl 5 5 B ft, • •12. O s 0 0 -a 0 :CI f' rt a tlf 11111 Ih ,1fir 'ICATNtl IO,Rliii 11111 an anarmSQ2d.9wu A▪ .▪ molmfasr 0 inzz. tan saaa v....T.o (.r. Orr -Smith Subdivision Exemption Plat A tract of land being a portion of the S1/2SE1/4 of Section 30 Township 6 South, Range 90 West of the 6th P.M. County of Garfield, State of Colorado t of th Exemption Lot 1 15,Q9Acres Compo, 2 -� �' `tet_ q ,.e...: - lil I IS 2 : "" i `` n r � Exemption Lot z e.. r $ ;� ATP, _ r ; 2 +�i �.-.y+ `` �//:. -.,v-a _. ,.. ,".7r �✓ _ LL fs.t, ate- -- e i d '5�.- }` ` ` �.. / H e mfr ' r/r r rreo, ,our 4 .. `��`` c � Z. - •. -f.rt r vim. h er;'/ '.' r 1 O / wr two *sr Exemption Lot 5 2i69Aales GRAPFUC SCALE 1.1 MX) n u....... a. �.. Grw.V.n r� no, 1,r.! MO Flrykrao 1 Exemption Lot 3 MITA/Des Basis of Hearings 1 'F"-- cruet ala... c r-,1�_ yi„4,1'..µt ? 1 ti .r” I my 5. `r.—' h• :. `64, yry`�, r • •A µ�.l M .sp. i.0 ' p4 GEIWj .Y'T"a �• ri , i i amraoaary e. < " Mr'. 2� Fr, LV 49,,....w bSkx f 4. wJ" M .}'Yv ��+ S�'wi+'F SO r F ` .°tai eM eeeav�r.® D EXHIBIT Lowuan MCadiald �•� cmw wv.car.p rld LISCS Quad. Nap e.n aa- n ;;nal Exemption Lot 4 16.26 Aares 1� 7 te Bean 36e.Pap�tel �d P..s 9 a. ,•S 1 m wy.il.. .24.•• �,w.dp 141 eii imam( CA,or SurvCo, Inc. RTX GPS and ConwntIsn.l land Survaying Sander. a29 -i/2 Grad wFw'Iw WYaa 90+ 2312 a.n...a $FIn9F. 29. ap992-2711 .A.a.F(970) 4.42.-11645 82(970 9 59!2 Shoes 2 oft I9.,_ 22,.../2u05 a.2 rap p•... a. 1 3 .�. _ b p, pn pe, 1111 IPA it 111 ReceptionU: 827816 11/30/2012 02:23:10 PM Jean Rlberico 8 of 8 Reo Fee:$46.00 Dao Fee:0.00 GARFIELD COUNTY CO EXHIBIT C SURVC©, INC. RTK GPS and Conventional Land Surveying Services Easement Description An easement for the purpose of access, utilities and emergency services access, said easement being situated in the S1/2SE1/4 of Section 30, Township 6 South, Range 90 West of the 6th RM., County of Garfield, State of Colorado, said easement encumbering the following described tract of land to wit: (Bearings as recited in this description are based upon the South line of saki 51/25E1/4 as bearing N.89°16'4(rW. as derived from RTK GPS observation. Monumentation found in the field at both ends of said South line are rebar with aluminum cap, PLS No. 19598.) Beginning at a point on the West line of said S1/2SE1/4 from whence the Northwest corner of said S1/2SE1/4 bears N.00°43'40"E. 341.31 feet, said Northwest corner being a rebar and aluminum cap, PLS No. 19598 found in place; thence along said West line N.00°43'40"E. 15.90 feet; thence departing said West line N.71°21'05"E. 23.11 feet; thence N.85°53'44"E. 90.10 feet thence S.76°26'18"E. 47.04 feet; thence 5.67°07'56"E. 622.68 feet; thence S.61°50'30"E. 268.88 feet to a point on the Westerly line of that tract of land known as Lot 2 of the Orr -Smith subdivision exemption in said County; thence along said Westerly line 5.21°51'48"W. 30.18 feet; thence departing said Westerly line N.61°50'30"W. 270.81 feet; thence N.67°07'56"W. 618.85 feet; thence N.76°26'18"W. 39.94 feet; thence S.85°53'44"W. 81.61 feet; thence 5.71°21'Q5"W. 6.73 feet to a point on the Northerly Right of Way of Garfield County Road No. 312; thence along said Northerly Right of Way N.68°33'42"W. 23.29 feet to the Point of Beginning. Said easement encumbering an area of 0.717 acres as described herein. PH: (9701 945-5945 226-1/2 BRAND AVENUE, SUITE NO. 26 POST OFFICE sox 2782 {3L.ENWDQ0 SPRINGS, 00. 81 602-2792 EMAIL: SURVG0@EARTHLINK.NET FAX: (970) 945-5946