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December 2, 1993
Garfield County Planning
109 8th Street
Glenwood Springs, CO 81601
Attn: David Michaelson
RE: River Ridge P.U.D. Preliminary Plan
HCE Job No. 93082.01
Dear David:
Enclosed is the Preliminary Plan submittal for River Ridge P.U.D. submitted on behalf of the
owner, J & S Enterprises. The submittal includes twenty (20) sets of the following.
Bound In Booklet:
Application form.
Statements regarding utilities, grading and roads.
Additional information (required per Sections 4:60, 4:91, and 4:92 of the County Subdivision
Regulations).
Geology report.
Soils information.
Wildlife Report.
Drainage Plan.
Water decrees and contracts.
Articles of Incorporation for Homeowners Association.
Covenants.
Title commitment.
• Drawings Bound Separately:
Preliminary plat.
Road plan and profile.
Utility plan.
• Waterline details.
923 Cooper Avenue • Glenwood Springs, CO 81601
• Telephone: 303-945-8676 • FAX: 303-945-2555
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Garfield County Planning
Page 2
December 2, 1993
If you have any questions or need additional information, please call.
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Sincerely,
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HIGH COUNTRY ENGINEERING, INC.
Timithy P. Beck, P.E.
Prin. pal Engineer
• TPB:rjh
Enc.
cc: Walt Stowe
John Schenk
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• SUBDIVISION NAME:
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OWNER:
Sketch flan
Preliminary Plan X
Final Plat
SUBDIVISION APPLICATION FORM
River Ridge P.U.D.
J & S Enterprises
ENGINEER/PLANNER/SURVEYOR: High Country Engineering, Inc.
LOCATION: Sections 1 & 2 Township 7S Range 89W
35 & 36 6S 89W
WATER SOURCE: Central Water System (well source)
SEWAGE DISPOSAL METHOD:
PUBLIC ACCESS VIA:
Individual lot septic systems
County Road 109
EXISTING ZONING:
P.U.D.
EASEMENTS: Utility
Ditch
Existing -Gas, Telephone & Power Proposed: Access
N/A
TOTAL DEVELOPMENT AREA:
(1) Residential Number Acres
Single Famiy
Duplex
Multi -family
• Mobile Home
(2) Commercial
8 8.003
Floor Area Acres
sq.ft.
(3) Industrial sq.ft.
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(4) Public/Quasi-Public
(5) Open Space/Common Area
TOTAL:
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PARKING SPACES:
Residential
4/Commercial
Industrial
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on individual lots only
None
None
8.003
RIVER RIDGE PLANNED UNIT DEVELOPMENT
PRELIMINARY PLAN SUBMITTAL
• UTILITY, GRADING AND ROAD STATEMENTS:
UTILITIES:
• All standard utilities are already available on the site, including natural gas, underground
electric, telephone, and cable TV. Extensions can easily be made to service each proposed
lot. The proposed locations for these utilities are shown on the enclosed utility plan, and the
plan will be sent to the respective utility companies for their review and approval.
• Water: The wells for the proposed domestic and irrigation water systems are already existing
on the site. In fact, they are already in use for domestic and irrigation uses. Therefore, the
quantity and quality of the water available is not a question, it has already been determined.
Ample water is available for both domestic and irrigation uses, and the quality is reasonable
and acceptable.
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The domestic and irrigation water systems are proposed to be separated to avoid the need to
treat the water used for irrigation. However, a line will be run from the irrigation system to
the intake of the domestic system. This will enable water from the irrigation well to be used
as raw water for the domestic system in case of a difficulty with the domestic well.
The treatment system for domestic water, as currently envisioned, will mainly consist of
either a chlorination facility or an ultraviolet disinfection facility. Filtration is not expected
to be needed due to the relatively deep aquifer source. The remainder of the system,
excluding the distribution piping, will consist of controls for the pumps and disinfection.
The distribution piping is all proposed to be C900 PVC water piping. This is a heavy wall
PVC pipe that is accepted by the American Water Works Association for use in domestic
water systems.
Individual Sewage Disposal Systems: This property is adjacent to the Westbank Subdivision
which also uses individual sewage disposal systems (ISDS). Percolation tests adjacent to this
property indicate that a percolation rate of approximately five to ten minutes per inch will
most likely be observed on the subject property. Thus, a standard soil absorption system
would be sufficient. There is some possibility that percolation rates that are too fast for a
standard system will be observed. In that case, a typical sand filter system could be used.
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UTILITY, GRADING AND ROAD STATEMENTS (cont.)
Responsibility for construction, operation and maintenance of individual disposal systems will
rest with the individual lot owners, who should maintain the systems in accordance with
Garfield County Health Department regulations. Should the welfare of adjacent homeowners
be affected by failure of an individual owner to properly maintain a septic system, the
Homeowner's Association will have the authority to enforce maintenance of the individual
system.
• GRADING AND ROAD PROFILES:
No overlot grading is proposed by the developer, and none is envisioned to be necessary.
The roadway within the project will be a private access road, and is designed to current
• County Road Standards. A plan and profile drawing for this road is included with the
24" x 36" drawings with this submittal package.
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ADDITIONAL INFORMATION
• (Required per Sections 4:60, 4:91 and 4:92
of the County Subdivision Regulations)
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SECTION 4:60 INFORMATION
The following additional information is furnished in compliance with Section 4:60 of the
Garfield County Subdivision Regulations:
A. Proposed terms of reservations or dedications of sites for public and/or common
facilities or use, are set forth on the Plat and the Declaration of Covenants,
Conditions, Restrictions and Easements for the River Ridge Subdivision submitted
with these documents.
B. There are no proposed phasing plan for the development.
C. All lots and parcels created will have access to public right of way on the
common access utility and drainage easement intersecting with County Road 109.
D. There are no additional proposed off-street parking spaces.
E. There are no areas in the proposed subdivision which may involve soils or
topographic conditions presenting hazards or requiring special precautions.
F. There is no area of radiation hazard on the property.
G. A title insurance commitment for the property is submitted.
H. No subdivision of a section will be required.
• SECTION 4:91 INFORMATION
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The following additional information is furnished in compliance with Section 4:91 of the
Garfield County Subdivision Regulations:
A. The water supply is sufficient in terms of quality, quantity and dependability and
is available to insure an adequate supply of water for the proposed subdivision.
1. The owners and the developers of the property are the owners of Owens
Domestic Well No. 1 for 0.22 c.f.s. (10 g.p.m.) and Owens Domestic and
Irrigation Well No. 1 for .1 c.f.s. (45 g.p.m.). Copies of the Absolute
Decrees for each well are submitted with this Application. These rights
are based on appropriation dates in 1966 and are thus protected from calls
in the priority system by releases from Green Mountain Reservoir. In
addition, a Water Allotment Contract with the West Divide Conservancy
District has been entered into by the property owners and is transferred
to a partnership consisting of Walter A. Stowe and his wife, M. Karen
Stowe. An Affidavit of Partnership is submitted with this Application.
u:\RS RIVIATRUYL N IAN 1
The owner and developer has the legal authority and the right to divert up
to 15 gallons per minute through the Owens Domestic Well No. 1 to
service the subdivision. This well has the physical capacity to deliver
water at the rate of 15 gallons per minute and will be sufficient to supply
the needs of the subdivision.
2. A Well Completion and Pump Installation Report for the Owens Domestic
and Irrigation Well No. 1 indicates a sustained capacity of 54 gallons per
minute and is likely to perform satisfactorily for water service to this
property.
3. No change in use will be required for the existing water rights to support
this subdivision.
4. The owner/developer will transfer the water rights in the two (2) wells
described above to the homeowners association for the property. All
water and water rights available from both wells will be quit claimed to
the Association. No extensive service extensions will be required. The
legal dependability of the proposed water supply will be supported with
releases from Green Mountain Reservoir and, if necessary, a Water
Allotment Contract with the West Divide Water Conservancy District.
All necessary water rights have been obtained to support the water supply
plan for this subdivision.
5. Water tests on potability of the proposed water supply for the subdivision
will be submitted with the final water system design. This water supply
is currently used by six (6) rental units on the property without difficulty.
B. Plans for the central supply and distribution system have been submitted by the
developer.
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I1.VR.S\RIV FR\I'RUPIAN. LAN
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1. The River Ridge Homeowners Association will be the owner and operator
of the water system.
2. Financing of the initial construction of the water system will be paid for
by the developer. On-going operational and maintenance expenses will be
paid for by the homeowners association.
3. No connection will be made to an existing water system.
4. No individual water systems will be allowed on the property.
5. No separate Plan of Augmentation is necessary due to the utilization of
Green Mountain Reservoir releases and the Water Allotment Contract with
the West Divide Water Conservancy District.
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SECTION 4:92 INFORMATION
4, The following additional information is furnished in compliance with to Section 4:92 of
the Garfield County Subdivision Regulations:
The property will utilize individual sewage disposal systems. The management plan for
the operation and maintenance of on-site systems is provided through the Declaration of
Covenants, Conditions, Restrictions and Easements for the River Ridge P.U.D. Subdivision.
In particular, Section 9.2 of the Declaration requires that individual owners maintain these
systems and, if they fail to do so, the Association has the right to enter on the affected property,
make necessary repairs and charge the owner of that property for such work.
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I1:\1RSIRIVER,PRPL'LkN. AN
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GEOLOGY REPORT
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Nicholas L8DlpihS, Ph.D.
CONSULTING GEOLOGIST
P.O.BOX 2
SILT, COLORADO 81652
(303) 876-5400 (24 HOURS)
October 7, 1993
Tim Beck
High Country Engineering
923 Cooper Avenue
Glenwood Springs CO
81601
RE: West Bank Property
Dear Tim:
RECEIVED 2 ���
���- -- OCT~~' 1 w**
^/3082'
I have completed my geologic investigation of the linear tract,
as shown, in the Roaring Fork Valley (see accompanying maps).
This is partially along the west bank of the river, above the
double bridges and the access to the adjacent West Bank
Subdivision. The parcel lies between Glenwood and Carbondale off
Highway 82.
The flat pasture and farm land comprising most of the property is
out of the physiographic flood plain of the river; there are a
number of improvements in the southern portion, some of which
will be razed. The plan is for eight equally sized lots as
shown. Access is already present to the flat land and may be
easily extended.
The flat land is all Quaternary age terrace deposits of an
earlier level of the Roaring Fork River and the silts, sands, and
cobbles of these deposits are outcropping in the river bank. The
underlying bedrock unit is the Pennsylvanian -Permian age Maroon
Formation. This is a tough red siltstone, shale and sandstone.
The only concern is that regarding the steep bank down to the
river or road. A setback of the foundation of at least the
amount of vertical relief at each site should be maintained so
that erosion of the bank will not endanger the homes. In all
cases, site specific soils investigations are recommended for
proper foundation design, especially if the setback distance is
of concern.
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Waste disposal by septic systems with leach fields should be
possible in the alluvium of the terrace, but the steep bank will
restrict where the fields may be. Water for domestic use will be
developed through the use of one of two existing wells on the
property. All homes should be designed to preclude the
accumulation of radon gas. If there are further questions please
contact me.
Sincerely,
Nicholas Lampiris
Consulting Geologist
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SCS SOILS INFORMATION
(Joins sheet 13
SHEET NUMBER 20
RIFLE AREA, COLORADO
(CATTLE CREEK QUADRANGLE)
R. 89 W. R. 88 W. 107°15'00" _
39°30'00
WILDLIFE REPORT
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Perry D. Olson, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
50633 Highway 6
Glenwood Springs, CO 81601
October 14, 1993
Walt Stowe
P.O. Box 1975
Glenwood Springs, CO 81602
RE: River Ridge Subdivision Wildlife Information
Dear Mr. Stowe,
REFER TO
For Wildlife -
For People
The land that River Ridge Subdivision will be located on is
currently mapped as critical deer winter range and elk winter
range. However, due to surrounding development, this land strip
is not very suitable as deer or elk winter range.
The Division of Wildlife does not object to your current
proposal, but encourages multiple family development to reduce
the pressure of more land being developed. We would like to
recommend that dogs be limited to one per house and all dogs be
kenneled unless under the control of the owner.
Some wildlife inhabitants of the property include:
mule deer
raccoon
Steller's Jay
rock squirrel
black -billed magpie
American goldfinch
Cassin's finch
Thank you for the opportunity to comment.
Sincerely,
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Larry L. Green
District Wildlife Manager
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DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director
WILDLIFE COMMISSION, William R. Hegberg, Member • Eldon W. Cooper, Member • Felix Chavez, Member • Rebecca L. Frank. Member
Louis F. Swift, Secretary • George VanDenBerg, Chairman • Arnold Salazar, Member • Thomas M. Eve, Vice Chairman
DRAINAGE PLAN
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/G/
OUNTRY
NG/NEER/NG
DRAINAGE PLAN
FOR
RIVER RIDGE P.U.D.
PRELIMINARY PLAT SUBMITTAL
HCE JOB NO. 93082.01
Qp0 REG/si.•
20630"'
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November 3, 1993
Timothy P. Beck, P.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • FAX: 303-945-2555
TABLE OF CONTENTS
SECTION
INTRODUCTION
HYDROLOGY
DRAINAGE PLAN
SUMMARY
APPENDIX: Calculations
DRAWINGS: Basin Map (81/2" x 11")
Drainage Plan (11" x 17")
• Floodplain Study (11" x 17")
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INTRODUCTION
The proposed River Ridge P.U.D. project is located on the west side of the Roaring Fork River
adjacent to the Westbank Subdivision. See the enclosed Basin Map for site location. There are
no major drainages that affect this property, except, a small portion (which is not a buildable
area anyway) that is within the floodplain of the Roaring Fork River. The 100 -year floodplain
and floodway lines from the Roaring Fork River that affect this property have been shown on
the Floodplain Study. This information was taken from the 1986 Flood Insurance Study for
Garfield County.
The storm runoff flows from this site will, in general, be quite diffuse and not particularly affect
any parts of the project. The 25 -year expected discharges from the site have been calculated.
However, the flows are too diffuse to calculate to any significant accuracy at any particular
point.
HYDROLOGY
The hydrologic methods for this study are outlined in the Soil Conservation Service publication
"Procedures for Determining Peak Flows in Colorado" (1980). Peak flows m this area will be
primarily rainfall derived since the whole site is well below 8000 feet in elevation. Therefore,
the storm drainage system will be more than adequate to handle spring snowmelt runoff.
DRAINAGE PLAN
The Preliminary Drainage Plan for the River Ridge P.U.D. is shown on the sheet entitled
• Drainage Plan.
Calculated flows are shown in the Appendix. Calculations were completed for the 25 -year return
frequency event as required by County regulations.
Existing drainage paths have been left intact. This ensures that, in general, overland flow will
follow predictable historic paths. This also decreases the amount of grading necessary for
roadways and actual building areas and thus reduces the possibility of erosion.
No detention is proposed for this development because it is partly adjacent to the Roaring Fork
• River, because of the large lot sizes and the diffuse flows, and because the change in flow due
to development on any particular lot should be insignificant. In fact, runoff from the developed
site will probably be less than from the existing site, due to better vegetative cover.
In general, erosion control will consist of disturbing as little existing vegetation as possible and,
. therefore, reclamation of as little area as possible. It is anticipated that areas that must be
disturbed will be adjacent to residences and will be landscaped.
SUMMARY
The preliminary plan for River Ridge P.U.D. includes only minimal drainage improvements, but
this should be adequate in view of the small and generally diffuse flows.
S HINU31 41.1L
BASIN MAP
SCALE:
1" = 1000'
HCE FILE NO. 93082.01
NOVEMBER 1993
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• APPENDIX
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Job Tit lellL ✓ - k r
Job No /
by ^-7 date ck'd by date
Subject RA'I page / of
Pt-s)K.) " �t
9
92
X PELT 50m EtA *- r
176V ELOPE -2
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• 923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • 303-920-3669 • FAX: 303-945-2555
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WATER DECREES AND CONTRACTS
A
Contract •D b \ 9- Kws
Hap ID i
Date Activated
WEST DIVIDE WATER CONSERVANCY DISTRICT
Water Allotment Contract
Name of Applicant: Walter Stowe
Quantity of water in acre feet 1.0
Applicant, hereby applies to the West Divide Water
Conservancy District, a political subdivision of the State of
Colorado, organized pursuant to and existing by virtue of C.R.S.
1973, 37-45-101, et seq., (hereinafter referred to as the
'District') for an allotment contract to beneficially and
perpetually use water or water rights owned, leased, or hereafter
acquired by the District. By execution of this application, and
subsequent delivery and use of water, Applicant hereby agrees to
the following terms and conditions:
1. Water Rights: Applicant shall own water rights at
the point of diversion herein lawfully entitling Applicant to
divert water, which will be supplemented by water leased herein.
If Applicant intends to divert through a well, it must be
understood by Applicant that no right to divert exists until a
valid well permit is obtained from the State Engineer.
2. Quantity: Water applied for by the Applicant in
the amount set forth above shall be diverted at Applicant's point
o! diversion from the District's direct flow water rights, and
when water is unavailable for diversion pursuant to administration
by the Colorado State Engineer during periods when said direct
flow water right is not in priority, the District shall release
for the use of Appricant up to said quantity in acre-feet per year
of storage water owned or controlled by the District. It is
understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the
priority of the District's decrees and by the physical and legal
availability of water from District's sources. Any quantity
allotted will only be provided so long as water is available and
the Applicant fully complies with all of the terms and conditions
o! this contract. The District and the Applicant recognize that
some of the District's decrees may be in the name of the Colorado
River Water Conservation District, and the ability of the District
to allot direct flow rights to the Applicant may be dependent on
the consent of the Colorado River Water Conservation District. If
at any time the Applicant determines it requires less water than
the amount herein provided, it may so notify the District in
writing, and the amount of water allotted under this contract
shall be reduced permanently in accordance with such notice.
Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any
and all water allotted Applicant by the District snail be used for
the following beneficial use or uses: Municipal, domestic and
related uses, or irrigation and commercial (except to the extent
that Ruedi water may not be available for irrigation and
commercial as those terms are defined on page 5 of Contract No.
2-07-70-W0547 between the United States and the West Divide Water
Conservancy District). .hpplicant's beneficial use of any and all
water allotted shall be within or'through facilities or upon land
owned, leased, operated, pr under Applicant's control.
4, Decrees and Delivery: Exchange releases made.by
the District out of storage from Ruedi Reservoir, or other works
or facilities of the District, or from other sources available to
the District, shall be delivered to the Applicant at the outlet
works of said storage facilities or at the decreed point of
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diversion for said other sources, and release or delivery of water
at such outlets or points shall constitute performance of the
District's total obligation. Delivery of water by the District
from Ruedi Reservoir shall be subject to the District's lease
contract with the United States Bureau of Reclamation. Releases
from other facilities available to District shall be subject to
the contracts, laws, rules, and regulations governing releases
therefrom. Furthermore, the District hereby expressly reserves
the right to store water and to make exchange releases from
structures that may be built or controlled by the District in the
future, so long as the water service to the Applicant pursuant to
this agreement is not impaired by said action. Any quantity of
the Applicant's allocation not delivered to or used by Applicant
by the end of each water year (December 31), shall revert to the
water supplies of the District. Such reversion shall not entitle
Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited
to the amount of water available in priority at the original point
of diversion of the District's applicable water right, and neither
the District, nor those entitled to utilize the District's
decrees, may call on any greater amount at new or alternate points
of diversion. The District shall request the Colorado State
Engineer to estimate any conveyance losses between the original
point and any alternate point, and such estimate shall be deducted
from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply
that may be available at an alternate point of diversion, (though
not at the original point of diversion) only as against water
rights which are junior to the date of application for the
alternate point of diversion.
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5. Alternate Point of Diversion and Plan of
Augmentations Decrees for alternate points of diversion of the
District's water rights or storage water may be required in order
for Applicant to use the water service contemplated hereunder.
Obtaining such decree is the exclusive responsibility of
Applicant. The district reserves the exclusive right to review
and approve any conditions which may be attached to judicial
approval of said alternate point of diversion as contemplated or
necessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for
the procedures and legal and engineering costs necessary for any
changes in water rights contemplated herein and further agrees to
indemnify the District from any costa or losses related thereto.
Applicant is solely responsible for providing works and facilities
necessary to obtain/divert the waters at said alternate point of
diversion and deliver them to Applicant's intended beneficial use.
Irrespective of the amount; of water actually transferred to the
Applicant's point of diversion, the Applicant shall make annual
payments to the District based upon the amount of water allotted
under this. agreement.
In the event the Applicant intends to apply for an
alternate point of diversion and to develop an augmentation plan
and institute legal proceedings for the approval of such
augmentation plan to allow the Applicant to utilize the water
allotted to Applicant hereunder, the Applicant shall give the
District written notice of such intent. In the event the
Applicant develops and adjudicates its own augmentation plan to
utilise the water allotted hereunder, Applicant shall not be
obligated to pay any amount under paragraph 18 below. In any
event, the District shall have the right to approve or disapprove
the Applicant's augmentation plan and the Applicant shall provide
the District copies of such plan and of all pleadings and other
papers filed with the water court in the adjudication thereof.
6. Annual payment: Annual payment tor the water
service described herein shall be determined by the Board of
Directors of the District at a per acre-foot rate. The initial
annual payment shall be made, in full, within thirty (30) days
after the date of notice to the Applicant that the initial payment
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Annual payment for the water service described herein
shall be determined by the Board of Directors of the District at a
per acre-foot rate. The initial annual payment shall be made, in
full, within thirty (30) days after the date of notice to the
Applicant that the initial payment is due. Said notice will
advise the Applicant, among other things, of the
twe water delivery
year to which the initial payment shall apply a
is applicable to that year. Annual paymentsoroneachbeyear
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thereafter shall be due and payable by the App
licant each January 1. If an annual payment is not made by the due date,
written notice thereof will be sent by the District to the
Applicant at such address as may be designated by the Applicant in
writing.(If no address has been so designated in writing, then
said ntice shall be sent to Applicant's address set forth herein.
Water use for any part of a water year shall require payment for
the entire water year. Nothing herein shall be construed so as to
prevent the District from adjusting the annual rate in its sole
discretion for future years only.
If payment is not made within ten (10) days after the
date of said written notice, Applicant shall at District's sole
option have no further right, title or interest under inmediathis
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contract without further notice and delivery may
curtailed; and the allotment of water, as herein made, may be
transferred, leased, or otherwise disposed of at the discretion of
the Board of Directors of the District.
7. Security: As security to the District, the
foregoing covenant of annual payments in advance of water
delivery, will be fully met by annual budget and appropriation of
funds from such sources of revenues as may be legally available to
the Applicant. As additional security to the Districe,rsthe
Applicant will hold harmless the Districtotheanranyerperntnl
corporation, quasi -governmental entity, oc
entity, for discontinuance in service due
n the contemplated ed fon he
e
Applicant to maintain the payments
current basis.
Applicant agrees to defray any out-of-pocket expenses
incurred by the District in connection with the allotment of water
rights hereunder, including, but not limited to, reimbursement of
legal and engineering costs incurred in connection with any water
rights and adjudication necessary to allow Applicant's use of such
allotted water rights.
8. Assignment: This agreement shallinure
ho the
benefit of the heirs, successors or assigns of the part
except that no assignment shall be permitted in the event the
water right allotted hereunder is to be used for the benetit of
land which will be subdivided or otherwise held or owned in
separate ownership interests by two (2) or more users of the water
right allotted hereunder. In no event shall the owner of a
portion, but less than all, of the Applicant's property to be
served under this contract, have any rights hereunder. Any
assignment of the Applicant's rights under
this
contract requirements
alltbe
e
subject to, and must comply assignment of contract
District may heceatter adopt regarding
rights and the assumption of contract obligations by assignees and
successors. Nothing herein shall prevent
successors
theDtotaiportion
of Applicant's property from applying
individual and separate allotment contracts.
9. Other:Rulest Applicant shall be bound by the
provisions of the Water Conservancy, Act of Colorado; by the rules
and rs of
aenreulatons of dmentsi thereof ha d asupplements othereto eand s by all and
allother
applicable law.
10. Overation and Maintenance Aoreement: Applicant
shall enter into an 'Operation and Hainrenance %.greement• with the
District under terms and conditions determined by the Board of
Directors of the District, it and when, the Board of said District
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determines in its sole discretion that such an agreement is
required. Said agreement may contain, but shall not be limited
to, provisions for additional annual.servicesary co side atfor additional
ion for
extension of District delivery
administration, operation, and maintenance costs; or for other
costs to the District which may arise through services made
available to the Applicant.
11. Chance of Uses The District reserves thee geive
e
right to review, reapprove or disapprove any proposed
use of the water allotted hereunder. Any use other than that set
forth herein or any lease or sale of the water or water rights
allotteprior
Districtdshall bed deemed without
to betaematerialwritten bre ch ofapproval
thisco tract.
12. Use and Place of Use: Applicant
plicantdagn is tdouseee he
e
water in the manner an on the property
submitted to the District at the time this agreements isrexfecuted
(said documents are incorporated herein by
thereto), or in any operation and maintenance agreement provided
by Applicant. Any use other than as set forth thereon or any
lease or alter
than as
permittedsineparagrapha8eabove,lashall ibetdeemedito beother
of the amaterial
breach of this agreement.
13. 'titles it is understood and agreed
that
nothing
herein shall be i'reted to give the Applicant
or water rights
legal fee title interest in or to any
referred to herein.
14. Conservation: Applicant shall use commonly
accepted conservac on practices with respect to the water and
water rights herein, and hereby agrees to be bound by any
Dconservaion istrict townedra controlled waterted ser or water . District for use of
rights.
15. Restrictionsr Applicant shall restrict uses as
follows (unless apec:tic wavers are appended to this agreement).
Violation of these restrictions shall be deemed to be a material
breach of rhin•Agrssi'n 1 _.
Use
Household
Domestic (includes lawn)
Livestock (cattle)
Irrigation
16. .!1.1-1__7225.111.1._ If Applicant intends todivert
through a well, then Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to
deliver any water hereunder.
17. Reoresentations: By executing this agreement,
Applicant agrees that e s not relying on any legal or
engineering advice that he may believe he has received from the
District. Applicant further acknowledges that
his heovn assobtaenedtall
necessary legal and engineering
than the District. Applicant further acknowledges that the
District makes no guarantees, warranties, or assurances whatsoever
abouemtent quantity uld or
the quality
Districtof w beer unable available
pursuant to this
provide the water
core be assessed against the
contracted for herein, no damages may
District, nor may Applicant obtain a refund from the District.
18. Costs of water Court ncl un er ApShouldnthe District,
act
in its own disc a n, c oo e
herein in a water court filing for alternate point of diversion
or plan of augmentation, then Applicant hereby agrees to pay to
the District, when assessed, an additional fee representing the
District's actual and reasonable costs and Lees for Applicant's
share of the proceeding.
Annual Maximum Divorsion
1/3 acre foot
1 - 3 acre feet
1 acre foot/100 head
2 - 3 acro feet/acre
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19. Binding Agreement: This Agreement shall not be
complete nor binding upon the District unless attached hereto is
the form entitled 'Application for Purchase of Waters from the
West Divide Water Conservancy District' fully completed by
Applicant and approved by the District's engineer. Said
attachments shall by this reference thereto be incorporated into
the terms of this agreement.
20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE
APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN
ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS
CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN
THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING .F NG
FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETI REPORTS, ING
.G THE
STATEMENTS OF BENEFICIAL USE, OR OTHERWISE i`�/.W Hr� WASTE.
WATER TO BENEFICIAL USE ON A REGULAR
APPLICA
By
APPLICANT ADDRESS:
60-x_ lcf? s
61le t L oocJ 5S) a Sr /6C
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me on
this Kifll day of TT L w - , 19.__, by NAC: Sl cc _
Witness my hand and official seal.
My commission expires: .3I W il L'
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ORDER
After a hearing by the Board of Directors of the West
Divide Water Conservancy District on the above application, it is
hereby ORDERED that said application be granted and this contract
shall be and is accepted by the District.
V;.4,. •
c ATTEST:
'NO i ✓. cam_.% t'% :moi ;.; ,1 .,.��F`'C �-��
Secretary
WEST DIVIDE WATER
CONSF,$VANCY DISTRICT
By
Date
eident/J
etel
This contract includes and is subject to the terms .and
conditions of the following documents which must accompany this
contract:
1. Map showing location of point of diversion (use map
provided),
2. Application and Data Form fully completed and
signed
3. Other
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=IIRACI' 11.192[3t`'I'i .
MAP Y.D.
DATL' AantVIID =� For Dines -use only
APPLICATION AND DATA FORM
TO LEASE WATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
A. APPLICANT
Name WalterS rin s CO 81602
Address PO Box 276 Glenwood 5277
Telephone Number _all 945 -
Authorized Agent or Representative Mr. Dan Kerst
B. WATER RIGHT OWNEDPPLICA1 11 No. 1
Name of Right Owens
Type of Structure or R ght
Location of Point of D version
• • . LI .1 --
Water Court Case No. W-1299
Well Permit No.
C. INTENDED
ER
S
Location Area AofDUse
T_
Descr pt on of Use
Number of Dwell ng Un is 2
Total Acreage -n- stem^XPi
Proposed Potable Water Sy
Proposed Waste -Water Treatment System
Se
leachfield
Pro ected Monthly Volume of Leased Water Needed n
Gallons:
Jan. • 083 Feb.. -083 Mar. •083
June....p53_ Ju1y,.,,.L$3,. Aug . = 83
Nov. 083 Dec. .083
Annual Gallons 325.900
Maximum instantaneous Demand
tic Tank and
D. OTHER REMARKS
DATE
Apr.
.083 May . .083
Sept. 1 8L
Acre Feet
15 gpm
SIZA'Iu .CF A air .51 REFRESTITATIVE
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r :,W(.')/r SYk7M11S \u
Ln I 1 Lt. LKtttK UUAUKHI'ULt. \' off
COLr',ADO-GARFIELD CO.w`�bo5`A
7.5 NI. . SERIES (TOPOGRAPHIC) \s
1304 1 500 000 FEET It 99 w it tits W. 306 10715'
39'30'
07141
70644
BM
5957
,to
a, ev
5940
o0v
I
1
36 „ �� r. , : \ •,.
44
771 � as sal `�, \ -' \.- • ' V_.'...
�� + 1
1(t_�■ a . (
44
7i
/
\a ��
/ A
•
\% 670000
FEET
0
32
•
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I
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Ranch
:5935
Wes tbank
t ave `aaaa
_ as
t 959
a
4173
I 6S
1 7'
ii72
6000t.
—}
\ l •• ' ,�\\ �' Gray
Il` \•
11
2-4-17
4170
27'30'
4977,
h°
P\
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6700A
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IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
CASE NO. W- 1299
IN THE MATTER OF THE • )
APPLICATION FOR )
WATER RIGUTS OF ROBERT J.' OWENS )
AND BILLIE L. OWENS )
IN THE ROARING FORK )
RIVER OR ITS TRIBUTARIES )
TRIBUTARY INVOLVED:
IN GARFIELD COUNTY
)
)
)
FILED
IN WATER COURT
Division No. 5
DEC 0 6 1972
TE OFCA LORAD!' •
WATER CLC.
RULING OF THE REFEREE
ARSnT 1!TT? DECREE FOR
UNDER GROUND WATER RIGHTS
And the Referee having made the investigations required
by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby
make the following ruling, to wit:
This application was referred to the Water Referee of
Water Division No. 5 on the 12th day of July , 197_2.
1. Name of Applicant Robert J. Owens and Billie L. Owens
Address Route 1, Box 160
Glenwood Springs, Colorado
2. The name of the structure is Owens Domestic Well No. 1.
3. The Legal description of the structure ie : The well is located
in the NWkNWk of Section 1, T. 7 S., R.'89 W. of the 6th
P.M. at a pont whence the Northwest Corner of said Section 1
bears N. 43°36' W. 359.1 feet.
4. The depth of the well is 85 feet.
5. The date of initiation of appropriation is August 31, 1966.
6. The amount of water claimed is 0.022 cubic foot per
second of time.
7. The use of the water is domestic.
8. The State Engineer's number is none.
9. The Priority date is August 31, 1966.
10. The date of the application was June 28, 1972.
It is the ruling of the Referee that the statements in the
application are true and that the above described water right is
• approved and granted the indicated priority; subject, however, to
all earlier priority rights of others.
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It is accordingly ordered that this ruling shall become
effective upon filing with the Water Clerk, subject to Judicial review
as provided by law.
Done ❑ the City of Glenwood Springs, Colorado this
day of 197'--.
1'o protont 7n3 filyd in thi^ n..t.tor.
7h., forcroinr rnli:,7 1n confirmed
n:: ter; round, and is mudo the
Juu.ment and Decree of this court.
D3tod:2ift"f/.1 /9/ 1115
Wntor Judgo
ater Referee
Water Division No. 5
State of Colorado
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IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
CASE N0. W— 1300
IN THE MATTER OF THE
APPLICATION FOR
WATER RIGHTS OF ROBERT J. OWENS
and BILLIE L. OWENS
IN THE ROARING FORK
RIVER OR ITS TRIBUTARIES
TRIBUTARY INVOLVED:
IN GARFIELDCOUNTY
)
)
)
% IN NArATI':.
Division I':,
DEC 071672
STATE OF COLOZ'�-
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RULING ^F THE REFEREE
) ABSOLUTE DECREE FOR
UNDER GROUND WATER RIGHTS
And the Referee having made the investigations required
by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby
make the following ruling, to wit:
This application was referred to the Water Referee of
Water Division No. 5 on the 12th day of July , 1972.
Robert J. Owens and Billie L. Owens
Route 1, Box 160
Glenwood Springs, Colorado
2. The name of the structure is Owens Domestic and Irrigation Well No.1.
3. The Legal description of the structure is : The wellis located
in the NW'�NW4 of Section 36, T. 6 S., R; 89 a. of the 6th
P.M. at a point whence the Southwest Corner of said
Section 36 bears: S. 29° 04' W. 140.5 feet.
4. The depth of the well is 85 feet.
1. Name of Applicant
Address
5. The date of initiation of appropriation is September 1966.
6. The amount of water claimed is 0.10 cubic foot per
second of time.
7. The use of the water is domestic, irrigation and stock water.
8. The State Engineer's number is 11214.
9. The Priority date is September 30, 1966.
10. The date of the application was June 28, 1972.
It is the ruling of the Referee that the statements in the
application are true and that the above described water right is
approved and granted the indicated priority; subject, however, to
all earlier priority rights of others.
It is accordingly ordered that this ruling shall become
effective upon filing with the Water Clerk, subject to Judicial review
as provided by law.
>47 Done et the City of Glenwood Springs, Colorado this
7 day of 11���--- , 197Zr
ri n:•otn-t wnn fi1Fld 1n t,h1-
Tt forr`r.oing ruli t^ nn.,ftrig1
a'- ..rrrovcd, and is mnr1r the
41 Ju_„, ont and Decrco of this court.
ntud:'/, ^•,s1 2-3,,,f 73
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Vnt.cr Jud—,o
Water I:'rtcree
Water Division No. 5
State of Colorado
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ARTICLES OF INCORPORATION
FOR
HOMEOWNERS ASSOCIATION
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STATE OF COLORADO
DEPARTMENT OF
STATE
CERTIFICATE
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I, NATALIE MEYER, Secretary of State of the State of
• Colorado hereby certify that the prerequisites for the
issuance of this certificate have been fulfilled in compli-
ance with law and are found to conform to law.
• Accordingly, the undersigned, by virtue of the authority
vested in me by law, hereby issues A CERTIFICATE OF
INCORPORATION TO
• RIVER RIDGE HOMEOWNERS ASSOCIATION
A NONPROFIT CORPORATION
•
Dated: SEPTEMBER 27, 1993
SECRETARY OF STA
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ARTICLES OF INCORPORATION
OF
RIVER RIDGE HOMEOWNERS ASSOCIATION
The undersigned natural person, being more than twenty-one years of age, and acting as
incorporator, does hereby establish a non-profit corporation under and by virtue of the Colorado
Non -Profit Corporation Act and adopts the following Articles of Incorporation:
ARTICLE I
NAME
The name of the association is River Ridge Homeowners Association.
ARTICLE II
DURATION
The association shall have perpetual existence.
ARTICLE III
PURPOSES AND POWERS
The nature of the association and the objects and purposes for which the same is
• organized are as follows:
3.1. To be and constitute the Association to which reference is made in the Declaration
of Covenants, Conditions, Restrictions and Easements (the "Declaration") for the River Ridge
P.U.D. (the "Subdivision"), located in Glenwood Springs, Colorado, which Declaration is to be
• recorded in the Office of the Clerk and Recorder of Garfield County, Colorado.
3.2. To acquire ownership of and title to certain common elements, as shown on the
subdivision map of the River Ridge P.U.D.
• 3.3. To maintain and operate such common elements subject to such regular or special
assessments or charges as may be required to defer the cost and expense thereof.
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3.4. To administer and enforce the provisions of the Declaration for the benefit of the
owners and occupants of all property described on the Condominium Map on a cooperative
basis.
3.5. To have and exercise, generally, all powers, and to do and perform all the acts.
which are or may be necessary to carry out and effectuate the purposes for which the association
is formed; such powers shall include, without limiting the general powers of the association. the
power to perform the following specific acts:
F' IRS' RIVf RAARTICLES INC
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(a) Pay taxes and assessments on all property held by the association for the general
use of the members;
(b) Disburse funds collected for maintenance, taxes, or other proper charges levied
against the property of the association;
(c) Acquire or dispose of property in the best interest of the association, either by
purchase, sale, or dedication to a public authority;
(d) Borrow money for the proper conduct of the affairs of the association;
(e) Establish, levy, and assess regular or special charges and assessments against the
ownership units within the condominium property and the owners thereof, and
reasonable admission or other fees for the use of the association's common
elements, in pursuance of the purposes of the association and establish appropriate
collection procedures therefore;
(t) To maintain common elements or other open spaces until such maintenance is
assumed by public authority or in lieu thereof;
(g) To make and enforce rules and regulations as provided in the Declaration
affecting the condominium property;
(h) To exercise all those general powers conferred upon non-profit corporations under
the laws of the State of Colorado.
(i) To exercise those powers set forth in the Declaration.
• 3.6. The association is organized exclusively for purposes of holding title to common
elements and other open spaces and to enforce the provisions of the Declaration on a cooperative
basis, whereby at least 85 %o of its income shall be derived from assessments to members for the
sole purpose of meeting expenses or losses, and in full compliance with the applicable
requirements of Section 501 of the Internal Revenue Code of 1954, as amended.
3.7. The Board of Directors of the association shall be vested with the exclusive
authority to authorize the President or the Vice -President, with the attestation of the Secretary,
to convey or encumber all or any part of the corporate property subject to the voting rights of
members and mortgagees as contained in the Declaration.
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ARTICLE IV
NON-PROFIT STATUS
4.1. No part of the income or net earnings of the association shall inure to the benefit
• or be distributable to any member, director, or officer of the association, or any other
association or private individual; however, reasonable compensation may be paid for services
actually rendered to or for the association, and any officer, director, agent or employee, or any
• f'.IRs RIVFR\ARTICLESJNC
other person or association, may be reimbursed for expenses advanced or incurred for the
association's benefit upon authorization of the Board of Directors. No member, director, or
officer of the association, nor any other association or private individual, shall be entitled to
•
share in any distribution of any of the corporate assets upon dissolution of the association or
otherwise, except as hereinafter expressly set forth. No substantial part of the activities of the
association shall consist of carrying on lobbying activities, propaganda campaigns, or other
activities designed to influence legislation. The association shall not participate or intervene in
any political campaign on behalf of any candidate for public office.
4.2. Upon dissolution of the association, all of its assets remaining after payment of
liabilities shall be paid over and transferred to one or more exempt organizations as are qualified
for exemption from Federal income taxes under Section 501 of the Internal Revenue Code,
except that all common elements and other property appurtenant to, used in connection with, or
• necessary for the convenient use and occupation of the real property of the members, shall be
returned, transferred, or conveyed to the members on the basis of their membership interests as
provided in Article V of these Articles of Incorporation. The proceedings of dissolution shall
be conducted in accordance with Article 26, Title 7 of the Colorado Revised Statutes, as
amended.
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4.3. Notwithstanding any other provision hereof, this association shall not conduct or
carry on any activities not permitted, nor receive any income which is prohibited under the
applicable provisions of Section 501 of the Internal Revenue Code of 1954, as amended.
ARTICLE V
MEMBERSHIP
5.1. This association shall be a membership association without shares of stock. The
record owner or owners (including contract sellers, but excluding those having such interest
• merely as security for the performance of an obligation) of a fee simple title to any unit within
the condominium property shall be members of the association. When more than one person
or entity holds an interest in any ownership unit, all such persons or entities shall be members
of the association; provided, however, that each ownership unit in the condominium property
is entitled to only one membership in the association, and the owner or owners thereof are
• subject to such rights and obligations as accrue to one membership in the association.
Membership shall be appurtenant to and may not be separated from ownership within the
condominium property.
5.2. Membership in the association shall not be represented by certificates unless the
• Board of Directors of the association shall otherwise determine by resolution.
5.3. Each member shall be entitled to one vote for each unit owned in the
Condominium Property, and such vote may be cast either in person or by proxy. In the election
of the directors, each voting member shall have the right to cast the number of votes to which
• he is entitled for as many persons as there are directors to be elected. Cumulative voting shall
not be allowed for any purpose.
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f' IRS,RIVFR',ARTICIES INC
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ARTICLE VI
INITIAL REGISTERED OFFICE AND AGENT
The address of the initial registered office of the association is Walter A. Stowe. The
name of its initial registered agent at such address is 5445 County Road 154, Glenwood Springs,
Colorado, 81601. The business and affairs of such association shall be conducted and carried
on within the State of Colorado. The principal office of the association shall be located in
Glenwood Springs, Colorado.
ARTICLE VII
INITIAL BOARD OF DIRECTORS
The initial Board of Directors of the association shall consist of one director who will
serve until the first annual meeting of members or until his successor shall have been duly
elected and qualified and the names and addresses of said initial director is as follows:
Name Address
Walter A. Stowe 5445 County Road 154
Glenwood Springs, CO 81601
ARTICLE VIII
LIMITATION OF LIABILITY
8.1. The association shall its directors to the fullest extent permitted by Colorado law
as the same now exists or may hereafter be amended.
8.2. The personal liability of a director to the association or its shareholders for
• monetary damages for breach of fiduciary duty as a director is limited to the fullest extent
permitted by Colorado law as the same now exists or may hereafter be amended.
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ARTICLE IX
REGISTRATION OF OWNERSHIP
The association shall be entitled to treat the owner of any unit as registered in the records
of the association as a member for all purposes, including all rights deriving from such
membership, and shall not be bound to recognize any equitable or other claim to or interest in
such membership on the part of any other person who is not the registered owner of a unit.
ARTICLE X
BYLAWS
The Board of Directors shall adopt and may amend from time to time, Bylaws for the
• regulation and government of the association's business and affairs, and the issuance and transfer
of its membership certificates.
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. IRS RIS 1 R.-\RTICLES.INC
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ARTICLE XI
INCORPORATOR
The incorporator of this association is John R. Schenk, and his address is 302 Eighth
Street, Suite 310, Glenwood Springs, Colorado, 81601.
ARTICLE XII
AMENDMENTS
Except as herein otherwise specifically provided, amendments to these Articles of
Incorporation shall be adopted, if at all, in the manner set forth in the Bylaws; provided,
however, that no amendment to the Articles of Incorporation shall be contrary to or inconsistent
with any provision of the Declaration.
IN WITNESS WHEREOF, the undersigned has subscribed his name to the Articles of
Incorporation of River Ridge Homeowners Associati, a corpo . tion n• fo rofit, on this 23rd
day of September, 1993.
STATE OF COLORADO )
COUNTY OF GARFIELD )
• I, ./1 -l( Li-J/h% , a notary public, hereby certify that JOHN R. SCHENK.
known to me to be the erson whose name is subscribed in the foregoing Articles of
Incorporation, appeared before me this 23rd day of September, A.D. 1993, in person and being
by me first duly sworn, acknowledged and declared that he signed such Articles of Incorporation
as his free and voluntary act and deed, for the uses and purposes therein set forth, and that the
• statements therein contained are true.
ss
Schenk, Incorporator
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Witness my hand and official seal.
My commission expires: 9-,"j - `/l-1
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IRSRIVF RARricris Nc
7,-7 (A/� 4
Notary Public
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STATE �'i'. ORADO
8 7
DEPARTMENT OF
STATE
CERTIFICATE
I, NATALIE MEYER, Secretary of State of the State of
Colorado hereby certify that the prerequisites for the
issuance of this certificate have been fulfilled in compli-
ance with law and are found to conform to law.
Accordingly, the undersigned, by virtue of the authority
vested in me by law, hereby issues A CERTIFICATE OF
AMENDMENT TO RIVER RIDGE HOMEOWNERS ASSOCIATION.
Dated: OCTOBER 28, 1993
SECRETARY OF STA
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ARTICLES OF AMENDMENT
TO
ARTICLES OF INCORPORATION
931120773 73 $25 00
O= 10-28-9 r 08: 31
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Pursuant to the provisions of the Colorado Nonprofit Corporation Act, the undersigned
corporation adopts the following Articles of Amendment to its Articles of Incorporation:
i FIRST: The name of the corporation is RIVER RIDGE HOMEOWNERS
ASSOCIATION.
SECOND: There are no members of the corporation entitled to vote on this Amendment.
• THIRD: The undersigned directors, consisting of all directors of the corporation have
adopted an amendment in the manner prescribed by the Colorado Nonprofit Corporation Act on
the 15th day of October, 1993, to -wit: ARTICLE VIII of said Articles of Incorporation is
hereby amended to read in its entirety as follows:
4 ARTICLE VIII
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LIMITATION OF LIABILITY
Section 1. The corporation shall indemnify its directors and officers to the
fullest extent permitted by Colorado law as the same now exists or may hereafter
be amended.
Section 2. The personal liability of a director or officer to the corporation
or its shareholders for monetary damages for breach of fiduciary duty as a
director or officer is limited to the fullest extent permitted by Colorado law as the
same now exists or may hereafter be amended.
Section 3. The foregoing provisions of this Article shall be deemed to be
a contract between the Corporation and each director and officer who serves in
such capacity at any time while this Article is in effect, and any repeal or
modification hereof shall not affect the rights or obligations then or theretofore
isting or any action, suit or proceeding theretofore or thereafter brought based
in whole or in part upon any such stated facts.
Section 4. The foregoing rights of indemnification and to advancement
of litigation expenses shall not be deemed exclusive of any other rights to which
any director or officer or their legal representatives may be entitled apart from
the provisions of this Article.
FAIRS\RIVE R'.yRrICLES.ANtD
Paae 1 of
FOURTH: The amendment was adopted by the directors and the number of directors
voting for the amendment was sufficient for approval. All of the directors of the Association
have subscribed these Articles of Amendment as appears belo
STATE OF COLORADO )
COUNTY OF GARFIELD )
SS.
RIVER RIS ASSOCIATION
By:
alter A. Stowe
Before me, \.\\.< ,_k , a Notary Public in and for the said County
and State, personally appeared WALTER A. STOWE who acknowledged before me that he is
the sole director of RIVER RIDGE HOMEOWNERS ASSOCIATION, a Colorado corporation.
and that he signed the foregoing Articles of Amendment as his free and voluntary act and deed
for the uses and purposes therein set forth, and that the facts contained therein are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this '1._S" I t day of
October, 1993.
My commission expires: - Lcc
1 1 1
Notary Public
i'.IRS\RIVFR`ARTICLFS.AMD
Page 2 of 2
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• COVENANTS
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DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
RIVER RIDGE P.U.D. SUBDIVISION
1
J & S Enterprises, a general partnership ("Declarant"), as owner of certain real property in the
County of Garfield, State of Colorado, known as the River Ridge P.U.D. Subdivision, ("River Ridge"),
and described in Exhibit "A" annexed hereto, (the "Property"). Declarant desires to create a Planned
Community Common Interest Community, to be known as River Ridge Subdivision, in which certain
• common property will be owned by the River Ridge Homes Association, a Colorado nonprofit
corporation, its successors and assigns (the "Association"). Declarant makes the following declarations:
•
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•
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ARTICLE I
STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS
1.1 Imposition of Covenants. Declarant hereby makes, declares, and establishes the following
covenants, conditions, restrictions, and easements ("Covenants") which shall affect all of the Property.
From this day forward, the Property shall be held, sold and conveyed subject to these Covenants.
These Covenants shall run with the land and shall be binding upon all persons or entities having any
right, title, or interest in all or any part of the Property, including Declarant, and their heirs,
successors; < a sig ,tenants ° guts and invitees. These Covenan!kiIhailinigp twanckgreAmposed for
the benefit of all U itt Owners of parbtb. of land located within the Property These C venants create
specific rights and ri eges Miich ma be shared shared.pctojoyed by ] owners and occupants of any part
of the Proper . Declarant hereby ubmits the River Ride P.U. . tt tlid. rovisions f the Colorado
Common Merest Own shi to t 'ions 38-33;1401%* seq., Colorado Revised Stat rtes, as it may
de <>rom ti " to time::: the 'r` t" D. I <` e event Act is ie ealed the Acta 1 the effective
be amen d.:f � �:::.) n � �::. P ,.::::::
;:< l la ti r`e ain a pica le
date of this a ton, sh$11 p}�
1.2 Declarant's Intent. Declarant desires to ensure the attractiveness of individual Units and
improvements to be made within the Property, to prevent any future impairment of the Property, and
to preserve, protect, and enhance the values and amenities of the Property. It is the intent of Declarant
to guard against the construction on the Property of Improvements built of improper or unsuitable
materials or with improper quality or methods of construction. Declarant intends to encourage the
construction of attractive permanent Improvements of advanced technological, architectural, and
engineering design, appropriately located to preserve the harmonious development of the Property.
ARTICLE II
DEFINITIONS
Each capitalized term not otherwise defined in this Declaration or in the Map shall have
the meanings specified or used in the Act. The following terms, as used in this Declaration, are defined
as follows:
2.1 "Design Review Committee" or the "Committee" shall mean the committee formed
pursuant to this Declaration to maintain the quality and architectural harmony of Improvements in River
Ridge.
•
2.2 "Improvements" shall mean all buildings, parking areas, loading areas, fences, walls,
hedges, plants, poles, antennae, driveways, signs, changes in any exterior color or shape, excavation
and all other site work, including, without limitation, grading, roads, utility improvements, removal of
trees or plants. "Improvements" do include both original improvements and all later changes and
improvements. "Improvements" do not include turf, shrub or tree repair or replacement of a magnitude
which does not change exterior colors or exterior appearances.
lots.
ARTICLE III
DESCRIPTION OF COMMON INTEREST COMMUNITY
3.1 Units. The maximum number of Units in River Ridge is eight (8) single family dwelling
3.2 Common Elements. The Common Elements consist primarily of a common water
! system, private roadway over and across an easement depicted on the map of River Ridge and other
easements depicted on said map or described below, all of which are designated by this Declaration for
the common use and enjoyment of Unit Owners and their families, tenants, guests and invitees and not
for the public. The Association, subject to the rights and obligations of the Unit Owners set forth in
this Declaration, shall be responsible for the management and control of the Common Elements.
• I eriei�'
t.�e o
mmo
n
in tti>,:> o El
3.�:.:Alta. d Inte':',<�::<:�s::':::><''1`�:� undivided ;merest �::� r.
Expense lial Ili and otes in e Ass ation allocat ::.to each Unit Owner shall be allocated to each
P tY
Unit and e ulated as ollowi a
•
a :: :; the ung.
:::;Common Element , on the? basis of an I'llterest for each
(b) the percentage of liability for Common Expenses, on the basis of equal liability for each
Unit; and
• (c) the number of votes in the Association, on the basis of one vote per Unit.
3.4 Water Rights. By separate instrument, Declarant shall transfer to the Association all
water and water rights appurtenant to the Property. Such water and water rights shall be held by the
Association in trust for the use and benefit of the Unit Owners and shall not be sold, leased, conveyed
• or encumbered by the Association.
3.5 Water System Operation. The domestic potable water system and any irrigation system,
including all pumps, main distribution lines and facilities, will be owned, operated and maintained by
the Association. Each Unit Owner will own and be responsible for all costs, expenses and liabilities
• from the points of connection to the Association's distribution lines. Each Unit Owner shall be
responsible for the operation and maintenance of a curb stop valve and a totalizing flow meter for the
water lines servicing such Unit Owner's Unit. Each Unit Owner shall adhere to the terms of any water
rights decrees and permits affecting water service on the Property and other water rights arising on or
carried through the Property. The Association shall have the right upon reasonable notice to shut off
• or curtail diversions for the purpose of administration and operation of any decreed plan of
augmentation. The Association, through its agents. shall have full and free access at all reasonable
hours to read meters, examine water pipes and fixtures, determine water usage and take other necessary
•
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actions to assure compliance with any decreed plan of augmentation and the rules of the Association.
In the event of emergency, based on good faith determination by the Association, reasonable notice shall
not be required, if impractical. The Association shall establish charges for water usage based on
metered consumption such that the water system will be independently supported with adequate reserves
for capital replacement.
3.6 Road. The roadway easement for access to River Ridge shall be transferred to the
Association by Declarant. The Association shall be responsible for the maintenance of said road. Such
maintenance will include periodic maintenance of the surface and regular snow, ice, and trash removal.
The Association will not be responsible for maintenance of private drives located on any Unit. The
• Executive Board shall cooperate with the applicable traffic and fire control officials, and shall post the
road with required traffic control, fire lane, and parking regulation signs.
3.7 Recorded Easements. The Property, and all portions thereof, shall be subject to all
easements shown on the recorded Map affecting the Property, or any portion thereof, and to any other
• easements of record or of use as of the date of recordation of the Declaration.
3.8 Utility Easements. Declarant reserves to Declarant and hereby grants to the Association
a general non-exclusive easement upon, across, over, in, and under the utility easements as depicted
on the plat of +River Ridge for ingress and egress. and for installation, replacement, r repair, and
:::::::::::::::.
• maintenance. o l tt]ities, t ivdtn ;:but not limited• to domestic nd 'trig tort water, suer, gas,
telephone d electn ::.syste . B rtue of th Bement, it';i all be expressl >`'•''. rmisstble and
y::
proper for? com an > ro n e, ical tele ..on and other c amuni ation serv';..;,.. to install and
maintain des e1 ical c m unications ::end::..:' ``. hone vi es circuits and::>, nduits in the
easement. o water, , $ ` er ''' t ""' ` one e1e tr cal ,:, >.. omm n linor facilities
,.`w , e :h esr , c�� u�atio s es, s stems,
may• be it 1 e, :. i locates the k ace .:['r the Pro erty e 'e'"' for neces(��}y��� .Mace facilities.
Such utilities temporarily `be instalred above ground during' construction, iapproved by the
Declarant or the Design Review Committee. Any utility company using this general easement shall use
its best efforts to install and maintain the utilities provided for without disturbing the uses of the Unit
Owners, the Association, and Declarant; shall prosecute its installation and maintenance activities as
• promptly and expeditiously as reasonably possible; and shall restore the surface to its original condition
as soon as possible after completion of its work. Should any utility company furnishing a service
covered by this general easement request a specific easement by separate recordable document, either
Declarant or the Association shall have, and are hereby given, the right and authority to grant such
easement upon, across, over, or under any part of all of the Property without conflicting with the terms
of this Declaration. This general easement shall in no way affect, avoid, extinguish, or modify any
• other recorded Easement on the Property. All service connections to (including transformers) primary
utility lines serving each Unit shall be the responsibility of the Unit Owner.
•
3.9 Emergency Access Easement. A general easement is hereby granted to all law
enforcement, fire protection, ambulance, and all other similar emergency agencies or persons to enter
upon the Property in the proper performance of their duties.
3.10 Maintenance Easement. An easement is hereby reserved to Declarant, and granted to the
Association, its officers, agents and employees, successors 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 repairs or to perform the duties and functions which the Association is obligated or permitted
to perform.
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3.11 Drainage Easement. An easement is hereby reserved to Declarant and granted to the
Association, its officers, agents, employees, successors and assigns to enter upon, across, over, in and
under any portion of the Property for the purpose of changing, correcting, or otherwise modifying any
existing drainage channels on the Property so as to protect the historic drainage pattern of water.
• Reasonable efforts shall be made to use this easement so as not to disturb the uses of the Unit Owners,
the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work
promptly and expeditiously; to avoid interference with existing structures; and to restore any areas
affected by such work to the condition existing prior to the work as soon as reasonably possible
following such work. Declarant and Declarant's agents, employees, successors and assigns must inform
• and obtain the approval of the Executive Board prior to undertaking such drainage work, which approval
shall not be unreasonably withheld.
3.12 Easements Deemed Created. All conveyances of any part of the Property made after the
date of this Declaration, whether by Declarant or otherwise, shall be construed to grant and reserve the
• easements contained in this Article V even though no specific reference to such easements or to this
Declaration appears in the instrument for such conveyance.
•
ARTICLE IV
THE ASSOCIATION
v'O n
uch
erson is
•4.���'»>?'>`:`IVT•
et shi .;::>;:.<.:.�«:::>::> ;:�.. on bytrtu « f beinga Lntt �.�..
I ��� p� rY �? � p
a Unit Owr, shall bea: member of the>Associatioti �Membershi mall be a urtenait'to and'ma not
P:.;:.:.:. PP Y
bee aratOOi from Ow` '`.shi <'�f an : Urnt. No U#it O:�': er whether one::or more e ns, shall have
s p ;: P::<��y: �r �t?zr , P ::>::>::
:::.;.:;.::..
.., g be entitled
more than::>��`rie membe i ��rit ;:.owned but:: ' .:.o�ite ersorrswrun tach Uniteall
• to rights a membersh and 00 and joyment appurtena t to suc Ownership.
•
4:Authority. The business af`iars of River Ridge shall be managed by
River Ridgee
Homes Association, a Colorado nonprofit corporation.
• 4.3 Powers. The Association shall have all of the powers, authority and duties permitted
pursuant to the Act necessary and proper to manage the business and affairs of River Ridge.
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4.4 Declarant Control. The Declarant shall have all the powers reserved in Section 38-33.3-
303(5) of the Act to appoint and remove officers and members of the Executive Board.
ARTICLE V
COVENANTS FOR COMMON EXPENSE ASSESSMENTS
5.1 Creation of Association Lien and Personal Obligation to Pay Common Expense
• Assessments. Declarant, for each Unit, hereby covenants, and each Unit Owner of any Unit, by
acceptance of a deed therefor, whether or not it shall be so expressed in any such deed, are deemed to
covenant and agree to pay to the Association annual Common Expense Assessments. Such assessments.
including fees, charges, late charges, attorney fees, fines and interest charged by the Association shall
be the personal obligation of the Unit Owner at the time when the assessment or other charges became
• or fell due. Two or more Unit Owners of a Unit shall be jointly and severally liable for such
obligations. The personal obligation to pay any past due sums due the Association shall not pass to a
successor in title unless expressly assumed by them. The Common Expense Assessments of the
Association shall be a continuing lien upon the Unit against which each such assessment is made. A
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lien under this Section is prior to all other liens and encumbrances on a Unit except: (a) liens and
encumbrances recorded before the recordation of the Declaration; (b) a first lien Security Interest on
the Unit recorded before the date on which the Common Expense Assessment sought to be enforced
became delinquent; and (c) liens for real estate taxes and other governmental assessments or charges
• against the Unit. This Section does not prohibit an action to recover sums for which this Section creates
a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Unit
shall not affect the Association's lien except that sale or transfer of any Unit pursuant to foreclosure of
any first lien Security Interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure,
or cancellation or forfeiture shall only extinguish the Association's lien as provided in the Act. No such
• sale, transfer, foreclosure, nor cancellation or forfeiture shall relieve any Unit Owner from continuing
liability for any Common Expense Assessments thereafter becoming due, nor from the lien thereof.
5.2 Apportionment of Common Expenses. Common Expenses shall be allocated and assessed
against Units based on a equal share for each Unit.
5.3 Purpose of Assessments. Assessments levied by the Association shall be used exclusively
to promote the health, safety and welfare of the residents of River Ridge and for the improvement and
maintenance of the Common Elements, including, but not limited to: taxes and insurance on the
Common Elements, reserve accounts, the cost of labor, equipment, materials, management and
• supervision, the salary or feeof any manager, utilities, transportation,:::professional fees, and other
customary barges
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5.4 Annual <`.;`Assessment/.cki i encement o .Common 9> Assessments. Common
Expense essments i all b €:mads:: on an annuif.basjiii4gainst alb:? t mts and shall bei;based upon the
• Associatior'S advancebtidget of the cash requirements needed by tt to provide for the administration
and perforxnce:x€<€fs duties €luring'00.h assiisment yeW,„..CoMWan Expense Ass*ments shall be
.
payable in monthly installments and shall begin on the first day of the month in which conveyance of
the first Unit to a Unit Owner other than the Declarant occurs.
• 5.5 Effect of Non-Pavment of Assessments. Any assessment, charge or fee provided for in
this Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10)
days after the due date thereof shall bear interest at the rate as determined by the Executive Board. A
late charge of up to five percent (5%) of each past due installment may also be assessed thereon.
Further, the Association may bring an action at law or in equity, or both, against any Unit Owner
personally obligated to pay such overdue assessments, charges or fees, or monthly or other installments
thereof, and may also proceed to foreclose its lien against such Unit Owner's Unit. An action at law
or in equity by the Association against a Unit Owner to recover a money judgment for unpaid
assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued
by the Association without foreclosing, or in any way waiving, the Association's lien.
5.6 Working Fund. The Association or Declarant shall require the first Unit Owner of each
Unit (other than Declarant) to make a nonrefundable payment to the Association in an amount equal to
one-sixth of the annual Common Expense Assessment against that Unit in effect at the closing thereof,
which sum shall be held, without interest, by the Association as a "working fund." The working fund
• shall be collected and transferred to the Association at the time of closing of each sale by Declarant of
each Unit and shall be maintained for the use and benefit of the Association. Such payment shall not
relieve a Unit Owner from making regular payments of the assessments when due. Upon the transfer
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of a Unit, a Unit Owner of same shall be entitled to a credit from the transferee for any unused portion
of the working fund.
ARTICLE VI
DESIGN REVIEW COMMITTEE
6.1 Organization. A Design Review Committee is hereby established to promulgate and
administer Design Guidelines to carry out the purposes and intent of the Declaration. The Committee
shall consist of not more than three (3) persons who are members of the Association. The Executive
• Board shall appoint, replace and remove, with or without cause, members of the Committee.
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6.2 Purpose. The Committee shall review, study and either approve or reject proposed
Improvements in River Ridge, in compliance with this Declaration and the Design Guidelines adopted
and established from time to time by the Committee.
(a) The Committee shall exercise its best judgment to see that all Improvements conform and
harmonize with any existing structures as to external design, quality and type of
construction, materials, color, location, height, grade and finished ground elevation and
all aesthetic considerations set forth in this Section and in the Design Guidelines.
o " proveine# t' n ``
repairedior otliOtwise
commenced un1Ian
Commitee; proms
within.: tructur m
<«'r >: `tins
lace
d
er Ridge st�;l be erectey placed, ,, ec tit p ,
altered, nor shall any construction, repair or reconstruction be
such::: Im rovement alt,: ha..:we been approved by the
owever, that; Improvements inti alterations which: are completely
e undertaken without such 4iproval.
The Committee's exercise of discretion in approval or disapproval of plans or with
respect to any other matter before it, shall be conclusive and binding on all interested
parties.
6.3 Organization of the Committee. The term of office of each Committee member, subject
to Section 6.1 above, shall be one (1) year, commencing January 1 of each year, and continuing until
a successor shall have been appointed. If a Committee member dies, retires, becomes incapacitated or
is temporarily absent, a temporary or permanent successor may be appointed by the Executive Board.
A chairperson shall be elected annually from the Committee members by majority vote of said
members.
6.4 Operations of the Committee. The chairperson shall take charge of and conduct all
meetings and shall provide for reasonable notice to each member of the Committee before any meeting.
The notice shall set forth the time and place of the meeting, and notice may be waived by any member.
The affirmative vote of the majority of the members of the Committee shall govern its actions and be
the act of the Committee. A quorum shall consist of a majority of the members. The Committee may
avail itself of technical and professional advice and consultants as it deems appropriate.
6.5 Expenses. Except as provided below, all expenses of the Committee shall be paid by the
Association. The Committee shall have the right to charge a fee for each application submitted to it
for review, in an amount which may be established by the Committee from time to time. and such fees
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shall be collected by the Committee and remitted to the Association to help defray the expenses of the
Committee's operation.
6.6 Design Guidelines and Rules. The Committee shall adopt, establish and publish from
time to time Design Guidelines. The Design Guidelines shall not be inconsistent with this Declaration,
but shall more specifically define and describe the design standards for River Ridge. The Design
Guidelines may be modified or amended from time to time by the Committee. Further, the Committee,
in its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate
in specific situations and may permit compliance with different or alternate requirements. Compliance
with the Association design review process shall not be a substitute for compliance with applicable
governmental building, zoning and subdivision regulations. Each Unit Owner shall be responsible for
obtaining all approvals, licenses and permits as may be required before commencing construction.
6.7 Procedures and Criteria. The Committee shall make such rules and regulations as it may
deem appropriate to govern its proceedings. The Committee shall also establish criteria, including,
without limitation, requirements relating to design, scale, color, pedestrian and vehicular traffic, as the
Committee may deem appropriate in the interest of preserving the aesthetic standards of River Ridge.
6.8 Limitation of Liability. The Committee shall use reasonable judgment in accepting or
disapproying.:ail plans and specifications submitted to it. Neither the Committee. nor any:: individual
mmitte ember ; hall be. ' ble n person . '' an offic a: !act"01 rite om ttee ct3:bcernin
I� �t�;.;a y �E3� y ��..., g
submitted plans and spggificatiOls, except for wanton acid willful adt s ApproValsby tholcommittee does
'
not necess&z�l assure'`: rovb alz�.>�' overnmetal�4thori ha:. 'uz'�S
diction. !Notwithstanding
Committee roval of plans . spe.. ification, tither ' Commi e nor an of its embers shall be
:::PP ::P �. Y
c' i claim
iabnl t
res onsible r liable t�>ati Ur:tOwtirt'�::;develo : � orcor,�ctor wilz'es ect to anylois ::i y,
or ex en§gViu ' :ma`arise Rause oi``>�' ro g. of the c " cti � of the Im rovemeOts. Neither the
Executive Board, the Committee, nor Declarant, nor any of their employees, agents or consultants shall
be responsible in any way for any defects in any plans or specifications submitted, revised or approved
in accordance with the provisions of the Declaration, nor for any structural or other defects in any work
done according to such plans and specifications.
ARTICLE VII
CONSTRUCTION AND ALTERATION OF IMPROVEMENTS
7.1 General. The Design Guidelines and the general instructions set forth in these Covenants
• shall govern the right of a Unit Owner to construct, reconstruct, refinish, alter or maintain any
Improvement upon, under or above any of River Ridge (except as provided in Section 6.2(b) above),
and to make or create any excavation or fill on River Ridge, or make any change in the natural or
existing surface contour or drainage, or install any utility line or conduit on or over River Ridge.
•
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7.2 Approval Required. Except to the extent permitted in Section 6.2(b) above, any
construction, reconstruction, refinishing or alteration of any part of the exterior of any building or other
Improvement on River Ridge is absolutely prohibited until and unless the Unit Owner first obtains
approval from the Design Review Committee and otherwise complies with the provisions of this
Declaration. All Improvements shall be constructed only in accordance with approved plans.
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7.3 Deemed Nuisances. Every violation of this Declaration is hereby declared to be a
nuisance, and every public or private remedy allowed for such violation by law or equity shall be
applicable.
7.4 Removal of Nonconforming Improvements. The Association, upon request of the
• Committee and after reasonable notice to the offender and to the Unit Owner, may remove any
Improvement constructed, reconstructed, refinished, altered or maintained violating these Covenants,
and the Unit Owner of the Improvement shall immediately reimburse the Association for all expenses
incurred in such removal.
•
ARTICLE VIII
PROPERTY USE RESTRICTIONS
8.1 General Restriction. The Property shall be used only for the purposes set forth in these
Covenants, as permitted by the applicable ordinances of Garfield County and the laws of the State of
• Colorado and the United States, and as set forth in these Covenants, future amendments, or other
specific recorded covenants affecting all or any part of the Property.
8.2 Subdivision of Units. No Unit may be subdivided.
• 8 V ll No [cks, .1
snowmobiles, campets,; trailers, bo
automobiliifor pickup or utility tru
be parked,:lored, or it any nin
garage or s reened euck sure< < TI
• and construct ori.;v cies, in e
providing service to the Property
1 bikes, recreational vehigjOS, motor ltt Ines motor coaches,
()r boat trailers, or similar vehicles (other::than passenger
with a capacity cif one torn:.or less).or any othet' vehicles shall
pt or placed oon any portion of the Property excep in an enclosed
pis r trictionx l owevet, hall not?l e deemed to prop* commercial
ord na :. course ofbuhessfr�makingdeliveriesor otherwise
or for approved construction by Declarant or Unit Owners.
8.4 Excavation or Fill. No excavation or fill shall be made except in connection with
Improvements approved as provided in these Covenants. For purposes of this Section. "excavation"
• shall mean any disturbance of the surface of the land (except to the extent reasonably necessary for
approved landscape planting) which results in a removal of earth, rock or other substance a depth of
more than 18 inches below the natural surface of the land. For the purposes of this Section, "fill" shall
mean any importation and placement of earth, rock or other substance a height of more than eighteen
inches (18") above the natural surface of the land.
•
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8.5 Wells. No well from which water, oil, or gas is produced shall be dug, nor shall storage
tanks, reservoirs, or any installation of power, telephone. or other utility lines (wires. pipe, or conduit)
be made or operated anywhere on the Property except in connection with water wells and works
installed by Declarant; provided, however, that the foregoing shall not prevent the drilling of or
installation of additional water wells by Declarant or the Association.
8.6 Signs. No signs of any kind shall be displayed to the public view on or from any portion
of the Property except ordinary real estate sale signs, signs approved by the Committee, or signs
required by law.
8.7 Animals and Pets. No animal, livestock. or poultry of any kind shall be kept, raised.
or bred on any portion of the Property, except dogs. cats. or other typical household pets. Household
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pets, such as dogs and cats, must be contained upon the Unit Owner's Unit and such pets may not be
permitted to run at large at any time. Approved humane kennels, runs or other control measures shall
be maintained to assure that domestic pets do not stray from the Unit Owner's property. Pedestrians
' within the Property who are accompanied by dogs must have the dogs under the pedestrians' direct
control by use of a leash not to exceed 10 feet in length.
8.8 Drainage. No Unit Owner shall do or permit any work, construct any Improvements,
place any landscaping or suffer the existence of any condition whatsoever which shall alter or interfere
! with the drainage pattern for the Property, except to the extent such alteration and drainage pattern is
approved in writing by the Committee.
8.9 Sanitation. No trash, ashes, garbage, rubbish, debris or other refuse shall be thrown,
dumped or allowed to accumulate on the Property. There shall be no burning of refuse. Each Unit
Owner shall provide suitable receptacles for the temporary storage and collection of refuse. All such
receptacles shall be screened from the public view and protected from wind, animals and other
disturbances. Each Unit shall be kept in a reasonably sanitary condition, free of offensive odors and
protected from rodent and insect infestations.
8.10 Temporary Structures. No temporary structures shall be permitted except as may be
O determined to be necessary during construction and specifically authorizedby the. Committee.
•
and:: emmunications
8.1::x:::`: Towers;::>and Ahtennae.'>�io towers;;�'�xterior rat�a.�, television
antennae smell beertmit�d wxout :t•��prior written trent of t):.C.ottuzu
ttee. Did€ receivers shall
P ,....
view:"
�`�from
enet�...
be scre
There o exterior:: et barbecues, o €tside fireplaces
8.1<; O.utst€e'Burnini.::..... :.;....:: all l;:.;:; :..ns 1r ::eP
and braziers. No Unit Owner shall permit any condition upon such Unit Owner's Unit which creates
a fire hazard or is in violation of fire prevention regulations.
8.13 Noise. No exterior horns, whistles, bells or other sound devices, except security devices
shall be placed or used on any portion of the Property. Unit Owners shall not permit any noise or
disturbance on their respective Units which is offensive, disturbing or otherwise detrimental to any other
person.
8.14 Lighting. No flood lighting, security lighting or other kind of high intensity lighting shall
be permitted without the approval of the Design Review Committee.
8.15 Obstructions. There shall be no obstruction or interference with the free use of the
roadway, water system or any easement, except as may be reasonably required for repairs. The
Association shall promptly take such action as may be necessary to abate or enjoin any interference with
or obstruction of any easement. The Association shall have a right of entry on any part of the Property
for the purposes of enforcing this Section. Any costs incurred by the Association in connection with
such enforcement shall be assessed to the persons responsible for the interference.
i 8.16 Number and Location of Buildings. Subject to governmental regulations, no buildings
shall be placed, erected, altered or permitted to remain on any residential tract other than one (1) single
family dwelling, one (1) guest or caretaker dwelling unit, one (1) attached or detached garage or other
non-residential outbuilding other than a garage and exceeding fifty (50) square feet.
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8.17 Service Facilities. All clothes lines, storage tanks, equipment, service yards, wood piles
and similar service facilities shall be screened by adequate plantings or fencing so as to conceal same
from other Units and streets and roads.
• 8.18 Maintenance of Landscaping. Each Unit Owner shall keep the landscaping situate on
• such Owner's Unit in a neat and well maintained fashion, shall properly irrigate the lawns and other
planting on such Unit and shall otherwise maintain the appearance of such Unit in a first class condition.
8.19 Continuity of Construction. All Improvements commenced on the Property shall be
• prosecuted diligently to completion and shall be complete within 12 months of commencement, unless
• an exception is granted in writing by the Committee.
8.20 Minerals. No portion of the surface of the Property shall be used for the exploration.
extraction or storage of oil, gas, minerals, sand, gravel, rock, earth or other materials.
•
• 8.21 Nuisances. No obnoxious or offensive activity shall be carried on within the Property
so as to unreasonably interfere with or disturb the use, enjoyment and access of any other occupant of
the Property, nor shall anything be done or permitted which constitutes a public nuisance. No nuisance
shall be permitted to exist or operate upon the Property so as to be offensive or detrimental to any other
• part of the Property or its occupants.
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8.2 Com Mance With Laws!' Subject to the rig hts of reasonable contest, eh Unit Owner
P J
ii `` with
shall rorri :;�� complyith th''.:rovsias of all ap.:;licai.�lO laws, re ��atzazls>nd ordinaesrespect
to River Ridge including, without limitation, all applicable enviromnental laws and regulations.
A. 'ICLE I »
MAINTENANCE
9.1 Association's Maintenance Responsibility. The Association shall maintain and keep the
Common Elements in good condition and repair.
9.2 Unit Owner's Maintenance Responsibility. Except as provided otherwise in the
Declaration or by written agreement with the Association, all maintenance of individual Units including
without limitation, all Improvements, individual sewage disposal systems (ISDS), utility systems and
utility lines from the point of connection to the common system shall be the sole responsibility of the
respective Unit Owners. Each Unit shall be maintained in a good, clean and attractive condition and
repair consistent with the requirements of a first class residential development. In the event a Unit
Owner should fail to keep any utility system (including any ISDS) in good repair, the Association.
without limiting any other remedy available under this Declaration or applicable law, may enter upon
said Unit for the purpose of inspecting such utility system and if the Unit Owner refuses to make
necessary repairs, the Association may do so and the costs of such repairs shall be charged to the Unit
Owner and collected pursuant to Article V of this Declaration.
ARTICLE X
INSURANCE
10.1 Association's Insurance Responsibility. The Association shall maintain all insurance
coverage required by the provisions of C.R.S. 38-33.3-101. et. seq., as the same may be amended from
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s
time to time, together with such other insurance as the Executive Board of the Association shall deem
advisable.
10.2 Unit Owner's Insurance Responsibility. Each Unit Owner shall maintain all insurance
coverage for such Owner's Unit as deemed appropriate by such Unit Owner. In addition, each Unit
Owner shall be responsible for insuring all personal property on the Unit, as well as general liability
insurance and any other insurance coverage deemed appropriate by such Unit Owner.
ARTICLE XI
• DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS
$
11.1 Development Rights and Special Declarant Rights. The Declarant reserves the following
Development Rights and other Special Declarant Rights for the maximum time limit allowed by law:
(a) The right to complete or make improvements indicated on the plat;
(b) The right to maintain sales offices, management offices and models in a single Unit;
(c) The right to maintain signs on the Property to advertise the sale of Units in River Ridge;
h
t t «:::: t oth <'`:: to::
use, ea:>aients"`oto`: """g"""il may be
reasonably nec ary for e purpose.0' charging clarant's obligati under the Act
and thi >>
The ri .to a pint a'> . move a '`` offi e
)�<>� pp��a� t` m zty c t �l' the Agciation or any D�tor during the
eclarant contra- period c insistent with th`e.
11.2 Limitations on Development Rights and Special Declarant Rights. Unless sooner
terminated by a recorded instrument signed by Declarant, any Development Right or Special Declarant
e Right may be exercised by the Declarant for the period of time specified in the Act.
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ARTICLE XII
ENFORCEMENT OF COVENANTS
12.1 Violation Deemed a Nuisance. Every violation of this Declaration is deemed to be a
nuisance and is subject to all the remedies provided for the abatement of the violation. In addition, all
public and private remedies allowed at law or equity against anyone in violation of these Covenants shall
be available.
12.2 Compliance. Each Unit Owner and any other occupant of any part of the Property shall
comply with the provisions of these Covenants as the same may be amended from time to time. Failure
to comply with these Covenants shall be grounds for an action to recover damages or for injunctive
relief to cause any such violation to be remedied, or both.
12.3 Who May Enforce. Any action to enforce these Covenants may be brought by the
Declarant or the Executive Board in the name of the Association on behalf of the Unit Owners. If, after
a written request from an aggrieved Unit Owner, neither of the foregoing entities commence an action
to enforce these Covenants, then the aggrieved Unit Owner may bring such an action.
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12.4 Nonexclusive Remedies. All the remedies set forth herein are cumulative and not
exclusive.
12.5 Nonliability. No member of the Executive Board, the Declarant, the Design Review
• Committee or any Unit Owner shall be liable to any other Unit Owner for the failure to enforce these
• Covenants at any time.
12.6 Recovery of Costs. If legal assistance is obtained to enforce any provision of these
Covenants, or in any legal proceeding (whether or not suit is brought) for damages or for the
enforcement of these Covenants or the restraint of violations of these Covenants, the prevailing party
• shall be entitled to recover all costs incurred, including reasonable attorney's fees.
ARTICLE XIII
MISCELLANEOUS PROVISIONS
•
• 13.1 Severability. This Declaration, to the extent possible, shall be construed or reformed to
give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law
or unenforceable shall not invalidate any other provision.
13..2 Construction. In interpreting words in the Declaration unless the context shall otherwise
provide oi' ire, e singular, shall elude the plural, the plural; shall include. the $ngular andthe
q
use of any ender sh i Include all genders.
s are included;.Q�
or reference and'shall not affect the meaning
• or interpreion of tb;
•
an
mt
Owner
`writing.
No
Notice to
13.E 'Notice. All notices or requests required shall be iny
shall be considered delivered and effective upon personal delivery, or three (3) days after posting when
sent by certified mail, return receipt requested, to the address of the Unit Owner on file in the records
• of the Association at the time of the mailing. Notice to the Executive Board, the Association or the
• Design Review Committee shall be considered delivered and effective upon personal delivery, or three
(3) days after posting when sent by certified mail, return receipt requested. to the Association, the
Executive Board or the Committee at the address as shall be established by the Association from time
to time by notice to the Unit Owners. General notices to all Unit Owners need not be certified, but may
be sent by regular first class mail.
13.5 Waiver. No failure by the Association, the Executive Board or the Design Review
Committee to give notice of default or any delay in exercising any right or remedy shall operate as a
waiver, except as specifically provided above. No waiver shall be effective unless it is in writing signed
by the President or Vice President of the Executive Board on behalf of the Association or by the
Chairman of the Committee on behalf of the Committee.
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13.6 Amendment and Mortgagee Requirements. Except as otherwise provided by the Act,
unless at least fifty-one percent (51%) of the First Mortgagees (based on one vote for each First
Mortgage owned) and at least sixty-seven percent (67%) of the Unit Owners have given their prior
written approval, the Association shall not be entitled to amend provisions affecting the following:
voting rights, assessments and assessment liens, reserves, maintenance and repair responsibilities,
reallocation of interests in common elements, redefinition of Unit boundaries. convertibility of Units
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into Common Elements, expansion or contraction of River Ridge, insurance or fidelity bonds, leasing
of Units, restrictions on sales or transfers, decisions to self -manage, restoration or repair of River
Ridge, termination after destruction or condemnation and benefits of mortgagees, insurers or guarantors.
Unless a First Mortgagee provides the Secretary of the Association with written notice of its objection,
if any, to any proposed amendment of action outlined above within 30 days following the First
Mortgagee's receipt of notice of such proposed amendment or action, the First Mortgagee will be
deemed conclusive to have approved the proposed amendment or action.
13.7 Rule Against Perpetuities. Notwithstanding anything in this Declaration to the contrary,
if any of the covenants, conditions, restrictions, easements or other provisions of this Declaration shall
be unlawful, void or voidable for violation of the rule against perpetuities, then such provisions shall
terminate on the death of the survivor of the now living children of His Royal Highness, Charles, Prince
of Wales, plus twenty-one (21) years.
13.8 Term. This Declaration and any amendments or supplements hereto shall remain in effect
from the date of recordation until December 31, 2024. Thereafter, these Covenants shall be
automatically extended for five (5) successive periods of ten (10) years each, unless otherwise
terminated or modified as provided herein or by the Act.
IN WITNESS WHEREOF, the Declarant has executed..this Declaration this
SE
.................
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
RISES
General Partner
day of
The foregoing instrument was acknowledged before me this day of
1994, by Walter Allen Stowe, as General Partner of J & S Enterprises.
WITNESS my hand and official seal.
My Commission Expires:
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Notary Public
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TITLE COMMITMENT
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SCHEDULE A
ORDER NUMBER: 93021888 C-2 COMMITMENT NUMBER: N/A
1. EFFECTIVE DATE: September 20, 1993 at 7:45 A.M.
• 2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNERS POLICY $
PROPOSED INSURED: PROFORMA
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B. ALTA LOAN POLICY $
PROPOSED INSURED:
C. ALTA LOAN POLICY $
PROPOSED INSURED:
D.
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS
COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT
THE EFFECTIVE DATE HEREOF VESTED IN:
J & S ENTERPRISES, A COLORADO GENERAL PARTNERSHIP
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
SEE ATTACHED LEGAL
OWNERS: $ 315.00
Examiner: Mike
mt
POLICY OR POLICIES COMMITTED TO BE ISSUED HEREUNDER ARE ALTA
OWNER AND/OR LOAN POLICY - (4 6-90)
AUTHORIZED COUk ERSIGNATURE
STEWART TITLE OF
GLENWOOD SPRINGS, INC.
801 COLORADO AVENUE
GLENWOOD SPRINGS, CO. 81601
(303) 945-5434
FAX NO. (303) 945-7081
•
SCHEDULE A
PROPERTY DESCRIPTION
ORDER NO: 93021888 C-2
A parcel of land situated in a portion of Lot 5, Section 1 and
Lot 1, Section 2 of Township 7 South and in a portion of Lot 11
and 26, Section 35 and Lot 3, Section 36, township 6 South,
Range 89 West of the sixth principal Meridian, County of
Garfild, State of Colorado; said parcel being more particularly
described as follows:
Commencing at the Southeast corner of said Section 35;
thence N. 32 degrees 14'21" W. 789.20 feet to the True Point of
Beginning;
thence N. 42 degrees 04'00" E. 137.20 feet:
• thence S. 48 degrees 11'00" E. 324.47 feet to a point on the
westerly line of Reception No. 354946;
thence the following six (6) courses along said westerly line
(bearings on said reception No. 354946 have been rotated):
1.) S. 07 degrees 15'19" E. 53.40 feet;
• 2.) S. 28 degrees 59'28" E. 630.26 feet;
3.) S. 30 degrees 10'26" E. 79.41 feet;
4.) along the arc of a curve to the right having a radius of
395.19 feet and a central angle of 45 degrees 38'45", a
distance of 314.84 feet (Chord bears S. 08 degrees 23'31"
E. 306.58 feet);
• 5.) S. 14 degrees 25'52" W. 78.63 feet;
6.) along the arc of a curve to the left having a radius
of 652.52 feet and a central angle of 16 degrees 07'40",
a distance of 183.67 feet (chord bears S. 06 degrees
22'04" W. 183 07 feet);
thence leaving said westerly line S. 40 degrees 32'00" W. 19.87 feet
• to a point on the easterly line of Westbank Ranch Subdivision Filing
No. 3;
thence S. 70 degrees 37'00" W. along said easterly line 26.20 feet;
thence continuing along said easterly line N. 25 degrees 28'00" W.
1529.00 feet to the true Point of Beginning.
• COUNTY OF GARFIELD
STATE OF COLORADO
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SCHEDULE B - SECTION 1
ORDER NUMBER: 93021888 C-2 COMMITMENT NUMBER: N/A
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS
OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1. Stewart Title reserves the right of make additional requirements
as the deem necessary.
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SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 93021888 C-2 COMMITMENT NUMBER: N/A
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. 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 AND
INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE 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 PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
7. Any and all unpaid taxes and assessments and any unredeemed tax
sales.
8. The effect of inclusions in any general or specific water
conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement
area.
9. Reservations and exceptions contained in the United States
Patent to the described property recorded May 20, 1899 in Book
12 at Page 508, including:
a. Right of the Proprietor of a vein or lode to extract and
remove his ore therefrom should the same be found to
penetrate or intersect the premises hereby granted as
b. there is reserved from the lands hereby granted a right
of way thereon for ditches or canals constructed by the
authority of the United States.
Continued on next page
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 93021888 C-2 COMMITMENT NUMBER: N/A
10. Easement and right of way conveyed to Mountain States Telephone
and Telegraph Company in document recorded July 13, 1931 in Book
168 at Page 159.
11. An undivided 1/2 interest in all oil, gas, and other minerals as
reserved by John C. Rigney and Phil T. Rigney in deed recorded
October 27, 1950 in Book 254 at Page 556. (Affects Parcel 2)
12. Easement and right of way for roadway purposes reserved by
Harold L. Gambrel and Helen Rigney Gambrel in deed recorded
November 5, 1957 in Book 305 at Page 204. (Affects Parcel 2)
13. This policy does not insure title to land comprising the shores
or bottoms of rivers and is subject to any build up or loss of
property along the roaring fork river, caused by processes of
accretion and reliction, or caused by man made changes in the
flow of water or in the course of the river bank or river
channel; also subject to the free and unobstructed flow of the
water of said river.
14. Right of Way and Easement for the existing County Road as
constructed and in place.
15. Right of Way for road purposes as set forth in Warranty Deed
recorded in Book 459 at Page 416 and in Book 481 at Page 9.
16. Terms, Condition and Stipulations contained in the Resolution
recorded in book 531 at Page 246.
17. Terms, Conditions, Stipulations contained in the Subdivision
Improvements Agreement recorded in Book 593 at Page 292, Book
626 at Page 482, Book 661 at Page 596, Book 698 at Page 401 and
in Book 720 at Page 108.
18 Terms, conditions and stipulations contained in the Declaration
recorded in book 593 at Page 589 and in Book 610 at page 795.
19. Rights of Way and Easements as shown on the Plat recorded at
Reception No. 325086.
20. Any loss of damage arising out of the correction or the
reformation of the Quit Claim Deed to the Board of County
Commissioners in Book 654 at Page 930. NOTE: The Quit Claim
Deed to The Board of County Commissioners describes the property
as being in Section 35, Township 6 south, Range 93 West, which
is on West Dry Creek which is Southeast of Rifle, Colorado.
Continued on next page
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CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 93021888 C-2 COMMITMENT NUMBER: N/A
21. Any lose or damage arising out of the encroachment by the Quit
Claim Deed to The Board of County Commissioners in Book 654 at
Page 930 onto Envelop Blocks 10, 12 and 14 and the surrounding
area as set forth on the river ridge P.U.D. Plat.
22. Any loss or damage arising out of the variations with and among
the legal descriptions of River ridge P.U.D. and the Deed
recorded in Book 656 at Page 950.
NOTE:
Pursuant to Senate Bill 91-14 (C.R.S. 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 may be obtained from the County
Treasurer or the County Treasurer's authorized
agent;
c) Information regarding special districts and the
boundaries of such districts may be obtained
from the County Assessor or the County Treasurer.
• GUNNISON COUNTY, CO JOANNE M. REITINGER, RECORDER
445E+79 BK 731 PG 908 9/24/93 11:Z5
AIFFIUAVIT OF PARTNERSHIP
• STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
• Walter A. Stowe and M. Karen Stowe of the County of Garfield, in the State of
Colorado, being first duly sworn, upon oath deposes and says:
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1. J & S Enterprises is the name under which a general partnership is being carried
on at 0190 Meadow Lane, Glenwood Springs, CO 81601 .
2. The names and addresses of all general partners are as follows:
Name Address
M. Karen Stowe 0190 Meadow Lane
Glenwood Springs, CO 81601
Walter A. Stowe 0190 Meadow Lane
Glenwood Springs, CO 81601
3. Any single partner acting alone may convey, transfer and encumber assets held
in the Partnership name; and may sign contracts and other necessary documents on behalf of the
Partnership and may receive and receipt for Partnership assets.
4. Affiant is one of the partners of the Partnership:
Walter A. Stowe
•
M. Karen Stowe
Subscribed and sworn to before me this /2th day of r`r �q c)5±
• by Walter A. Stowe and M. Karen Stowe, as general partners of J & S Enterprises.
WITNESS my hand and official seal.
\,�?Sy,commission expires: gl') `%
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, 1993,
6 Lam' (_/
otary Public