HomeMy WebLinkAbout1.0 Application MaterialsAPR709-96 12:41 FROM:LAND TITLE
•
ID:9709454764
•
YOUR LAND TITLE GUARANTEE COMPANY CONTACTS
April 08, 1996
Buyer/Borrower:
Seller/Owner:
Property Address:
Our Order No.: GW3087-11
KAREN A. DEMPSEY and FRANK J. SEDILLO, as
Joint Tenants
BARTON F. PORTER
VACANT LAND SILT, CO 81652
If you have any inquiries or require further assistance, please
contact one of the numbers listed below:
For Closing Assistance:
MARGARET JOY
817 COLORADO AVE.
GLENWOOD SPRINGS CO 81601
Phone: 970 945-2610
Fax: 970 945-4784
PAGE 2/9
For Title Assistance:
CINDY COCH AN
817 COLORADO AVE #102
2
GLENWOOD SPRINGS, CO 81601
Phone: 970 945-2610
Fax: 970 945-4784
Note: Once an original commitment has been issued, any subsequent
changes will be emphasized by underlining.
THANK YOU FOR YOUR ORDER!
• APR -09-96 12=41 FROM=LAND TITLE
I079709454794
OLD REPUIIC NATIONAL TITLE INSURANCAMPANY
ALTA COMMITMENT
SCHEDULE A
Our Order # GW3087-11
For Information Only
VACANT LAND
SILT, CO 81652
PAGE 3/9
- Charges -
ALTA Owner Policy $369.00_
Alta Lender Policy $205.00
Tax Certificate $20.00
Alta 8.1 (Endrsmt. 335.6) $25.00
Endorsement 100.00 $25.00
Endorsement 286.1 (Alta 7)
Endorsement 116.1 $56.00
Endorsement 102.5 $84.00
Endorsement 281.1 (Alta 6) _$25.00
Endorsement 104.1 , $56.00 _
Endorsement 101 $450.00
- - TOTAL - - S1,315.00
*** THIS ISNOT AN INVOICE, BUT AN ESTIMATE OF FEES. WHEN REFERRING
TO THIS ORDER, PLEASE REFERENCE OUR ORDER NO_ GW3087-11 ***
1. Effective Date: March 26, 1996 at 5:00 P_M.
2. Policies to be issued, and proposed Insured:
"ALTA" Owner's Policy 10-17-92 $37,000.00
Proposed Insured:
KAREN A. DEMPSEY and FRANK J. SEDILLO, as Joint Tenants
"ALTA" Loan Policy 10-17-92 $120,000.00
Proposed Insured:
COMMERCE SECURITY BANK, ITS SUCCESSORS AND/OR ASSIGNS
PAGE s
• APR -09-99 12.42 FROM -LAND TITLE
ID=9709454794 PAGE 4/9
OLD REPUI'IC NATIONAL TITLE INSURANCAMPANY
ALTA COMMITMENT
SCHEDULE A
Our Order # GW3087-11
3 The estate ox interest in the land described or referred to in
this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the
effective date hereof vested in:
BARTON F. PORTER
5_ The land referred to in this Commitment is described as
follows:
TRACT 6
SIERRA PINYON SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED , 1996 AS
RECEPTION NO.
COUNTY OF GARFIELD
STATE OF COLORADO
***** NOTE *****
THE LEGAL DESCRIPTION WILL BE AMENDED UPON THE RECORDATION OF
THE PLAT REFFERED TO IN ITEM NO. 4, SCHEDULE B-1.
PAGE 2
• APR -09-9G 12=42 FROM:LAND TITLE
I0=9709454794
ALTA`'COMMITMENT -`10�
SCHEDULE B-1
(Requirements) Our Order # GW3087-11
The following are the requirements to be complied with-
1. Payment to or for the account of the grantors or mortgagors of
the full consideration for the estate or interest to be
insured.
2. Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record, to -wit:
PAGE 5/9
3. PARTIAL RELEASE OF DEED OF TRUST DATED February 15, 1996, FROM BARTON
F. PORTER TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF PITKIN
COUNTY BANK & TRUST TO SECURE THE SUM OF $150,000.00 RECORDED February 20,
1996, IN BOOK 967 AT PAGE 612 UNDER RECEPTION NO. 489156.
4. RECORDING OF ANY AND ALL INSTRUMENTS REQUIRED FOR OR PERTAINING TO SIERRA
PINYON SUBDIVISION, INCLUDING, BUT NOT LIMITED TO:
1. PLAT OF SIERRA PINYON SUBDIVISION.
2. SUBDIVISION IMPROVEMENT AGREEMENT FOR SIERRA PINYON SUBDIVISION_
3. PROTECTIVE COVENANTS FOR SIERRA PINYON SUBDIVISION.
5. WARRANTY DEED FROM BARTON F. PORTER TO KAREN A. DEMPSEY and FRANK
J. SEDILLO, as Joint Tenants CONVEYING SUBJECT PROPERTY.
6 DEED OF TRUST FROM KAREN A. DEMPSEY and FRANK J. SEDILLO, as Joint Tenants
TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF COMMERCE SECURITY
BANK, ITS SUCCESSORS AND/OR ASSIGNS TO SECURE THE SUM OF $120,000.00.
NOTE: Items # 3, 4 of Schedule B-1 (of your previous commitment) have been
modified or deleted.
THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN
ADDRESSES ON DOCUMENTS SENT FOR RECORDING!!
************************* NOTE ***************************
RECORDING FEES HAVE INCREASED AS OF JULY 1, 1995 TO $6.00
FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE.
RELEASES HAVE INCREASED TO $1.4.00 FOR THE FIRST PAGE AND
$5.00 FOR EACH ADDITIONAL PAGE_
_=_
PAGE 3
• APR -09-96 12:43 FROM -LAND TITLE
PAGE 4
ID -9709454764 PAGE 6/9
ALTA' -"COMMITMENT 1
SCHEDULE B-2
(Exceptions) Our Order # GW3087-11
• APR -09-96 12r43 FROM -LAND TITLE
ID:9709454784
ALTA41000MMITMENT -1
SCHEDULE B-2
(Exceptions) Our Order # GW3087-11
PAGE 7/9
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_ Standard Exceptions 1 through 5 printed on the cover sheet.
6. Taxes and assessments not yet due or payable and special
assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
R
9. P OTECTION,OSOILCLUSIONS TN ANY CONSERVATIO CONENERAL OR SERVATION ER DISTRICTIORCINCLUSION INRANYCRE
EFFECT WATER
SERVICE OR STREET IMPROVEMENT AREA.
10. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES.
11. RESERVATION OF AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER
MINERALS TOGETHER WITH THE RIGHT TO REMOVE THE SAME UPON PAYMENT OF
REASONABLE DAMAGES AS RESERVED BY FRED J. HANGS IN DEED RECORDED APRIL 17,
1953 IN BOOK 268 AT PAGE 474, AND ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
12. RESERVATION OF AN UNDIVIDED) ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER
MINERALS TOGETHER WITH THE RIGHT TO REMOVE THE SAME UPON PAYMENT OF
REASONABLE DAMAGES AS RESERVED BY HAROLD E. HANGS IN DEED RECORDED MARCH
21, 1959 IN BOOK 316 AT PAGE 99, AND ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
13. RESERVATION OP AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER
MINERALS AS RESERVED BY FRED C. ALSBURY AND PAULINE B. ALSBURY IN DEED
RECORDED JULY 19, 1973 IN BOOK 447 AT PAGE 317, AND ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THEREIN_
14_ TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS
CONTAINED IN RECIPROCAL GRANTS OF EASEMENTS BY AND BETWEEN MOUNTAIN
ENVIRONMENTS LTD-, JOHN R. BOULTON AND JOHN R. BOULTON, JR., RECORDED
FEBRUARY 26, 1980 IN BOOK 544 AT PAGE 254.
15. EASEMENTS AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENTS
RECORDED APRIL 8, 1960 IN BOOK 325 AT PAGE 143 AND RECORDED Jui,Y 18, 1960
IN BOOK 328 AT PAGE 325.
16_ EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE SURVEY OF
SIERRA VISTA RANCH RECORDED MARCH 24, 1980 AS RECEPTION NO. 302518 AND RE-
RECORDED AUGUST 25, 1983 AS RECEPTION NO. 345061.
PAGE 5
APR -09-96 12:43 FROM:LAND TITLE
•
ID:9709454764 PAGE 8/9
A LTA C O M M I T M E N T -410
SCHEDULE B-2
(Exceptions) Our Order # GW3087-11
17. EASEMENT AND RIGHT OF WAY FOR COUNTY ROAD NO. 331.
18. ROAD EASEMENT AS GRANTED TO MYRON BLACK IN DEED RECORDED JUNE 1, 1990 IN
BOOK 780 AT PAGE 537.
19. EASEMENTS AND RIGHTS OF WAY FOR ANY AND ALL EXISTING DITCHES, LATERALS,
CANALS OR PIPELINES_
20. RIGHT OF WAY EASEMENT AS GRANTED TO US WEST COMMUNICATIONS, INC_, IN
INSTRUMENT RECORDED DECEMBER 30, 1992 IN BOOK 851 AT PAGE 132.
21. EASEMENT AND RIGHT OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION,
INC. IN INSTRUMENT RECORDED NOVEMBER 10, 1994 IN BOOK 921 AT PAGE 958.
22. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION NO. 95-086
RECORDED November 09, 1995 IN BOOK 958 AT PAGE 265.
NOTE; UPON RECORDATION OF THOSE INSTRUMENTS SHOWN IN ITEM NO. 4 OF
SCHEDULE B-1, ADDITIONAL EXCEPTIONS WILL BE ADDED TO THE COMMITMENT.
NOTE: Item # 20 of Schedule 8-2 (of your previous commitment) has been
modified or deleted.
PAGE 6
,APR -09-96 12=44 FROM -LAND TITLE
ID -9709454794 PACE 9/9
• LAND T I R E GUARANTEE .O M P A N Y
DISCLOSURE STATEMENT
Required by Senate Bill 91-14
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) The information regarding special districts and the boundaries
of such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor_
Required by Senate Bill 92-143
A) A Certificate of Taxes Due listing each taxing jurisdiction
shall be obtained from the County Treasurer or the County
Treasurer's authorized agent.
•
1
c. -
DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLO
Case No. 95CW057
JAN
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF:
BARTON PORTER
IN GARFIELD COUNTY, COLORADO
The above -entitled Application was filed on March 30, 1995,
amended and referred to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of said
Court, in accordance with Article 92 of Chapter 37, Colorado
Revised Statues 1993, known as the Water Rights Determination and
Administration Act of 1969.
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the
Amended Application are true and having become fully advised with
respect to the subject matter of the Amended Application does
hereby make the following determination and Ruling as the Referee
in this matter, to wit:
1. The statements in the Amended Application are true.
2. Name, address and telephone number of Applicant:
Barton Porter
2571 Road 314
New Castle, CO 81647
(303) 984-2790
c/o Billie Burchfield - #19325
Attorney for Applicant
802 Grand Avenue, Suite 305
Glenwood Springs, CO 81601
(303) 945-8818
3. No Statements of Opposition have been filed in this
the Statutory time for filing Statements of Opposition has
4. Applicant has requested that the following claims be
by the Court:
Case and
expired.
approved
FIRST CLAIM
1. Name of structure: Sierra Pinyon Well No. 1
2. Legal description of point of diversion:
Said well is located in the NEk NW; of Section 22, Township 6
South, Range 92 West of the 6th P.M., at a point 1202 feet from
the North section line and 1563 feet from the West Section line
of said Section 22. Said location of well being more
particularly described as follows: commencing at the north
quarter corner of said Section 22, a brass cap in place;
Thence South 41° 15' 16" West 1606.27 feet to Well No. 1.
3. Source:
A. Said well is tributary to Dry Hollow Creek, tributary to
the Colorado River.
B. Depth: 120 feet
4. A. Date of appropriation: June 9, 1994.
B. How appropriation was initiated: By intent to develop
subdivision.
C. Date water applied to beneficial use: N/A
5. Amount claimed: 15 gpm (0.033 c.f.s.), conditional
6. Well Permit No. 178797 was issued as an exempt well. New well
permit has been applied for which will replace No. 178797.
Sierra Pinyon Well No. 1 has received Denial No. AD -13695 from
the Office of the Colorado State Engineer.
7. Proposed use: In conjunction with other wells, domestic in
-house use in eighteen (18) single family dwellings, the
watering of 54 head of livestock and the irrigation of 2.4
acres of home lawns and gardens.
8. Name and address of owner of land on which well is located:
Applicant
Page 2 Case No. 95CW57 Porter
6
SECOND CLAIM
1. Name of Structure: Sierra Pinyon Well No. 2.
2. Legal description of point of diversion:
Said well is located in the NE;NW; of Section 22, Township 6
South, Range 92 West of the 6th P.M., at a point 977 feet from
the North Section line and 2503 feet from the West section line
of said Section 22. Said location of well being more
particularly described as follows: Commencing at the north
quarter corner of said Section 22, a brass cap in place;
Thence South 07° 04' 56" West 984.20 feet to Well No. 2.
3. Source: The source of the water is tributary to Dry Hollow
Creek, tributary to the Colorado River.
Depth: 150 feet
4. Date of appropriation: June 9, 1994.
How appropriation was initiated: By intent to develop
subdivision.
C. Date water applied to beneficial use: N/A
5. Amount claimed: 30 gpm (0.066 c.f.s.), conditional
A.
B.
A.
B.
6. Well permit No. 178789 was issued as an exempt well. New well
permit has been applied for which will replace 178798. Sierra
Pinyon Well No. 2 has received Denial No. AD -13696 from the
Office of the Colorado State Engineer.
7. Proposed use: In conjunction with other wells, domestic in
-house use in eighteen (18) single family dwellings, the
watering of 54 head of livestock and the irrigation of 2.4
acres of home lawns and gardens.
8. Name and address of owner of land on which well is located:
Applicant.
Page 3 Case No. 95CW57 Porter
THIRD CLAIM
1. Name of Structure: Sierra Pinyon Well No. 3.
2. Legal description of point of diversion:
Said well is located in the SW SW; of Section 15, Township 6
South, Range 92 West of the 6th P.M., at a point 230 feet from
the South Section line and 4400 feet from the East Section line
of said Section 15.
3. A. Source: Said well is tributary to Dry Hollow Creek,
tributary to the Colorado River.
B. Depth: 150 feet
4. A. Date of appropriation: June 9, 1994.
B. How appropriation was initiated: By intent to develop
subdivision.
C. Date water applied to beneficial use: N/A
5. Amount claimed: 15 gpm (0.033 c.f.s.), conditional
6. Well Permit No. 176762 was issued as an exempt well. New well
permit has been applied for which will replace 176762. Sierra
Pinyon Well No. 3 has received Denial No. AD -13697 from the
Office of the Colorado State Engineer.
7. Proposed use: In conjunction with other wells, domestic in
-house use in eighteen (18) single family dwellings, the
watering of 54 head of livestock, and the irrigation of 2.4
acres of home lawns and gardens.
8. Name and address of owner of land on which well is located:
Applicant.
Page 4 Case No. 95CW57 Porter
FOURTH CLAIM
1. Name of Structure: Sierra Pinyon Ditch, Pump & Pipeline.
2. Legal description of point of diversion:
The headgate of said ditch will be located at a point 1500 feet
from the west section line and 1150 feet from the North Section
line of Section 22, Township 6 South, Range 92 West of the 6th
P.M.
3. Source: The source of the water is from Dry Hollow Creek,
tributary to the Colorado River.
4. A. Date of appropriation: March 23, 1995.
B. How appropriation was initiated: By field investigation
with an engineer and an intent to appropriate for storage
purposes and to augment well for a subdivision.
C. Date water applied to beneficial use: N/A
5. Amount claimed: 1.0 c.f.s., conditional
6. Proposed use: storage, irrigation, piscatorial, livestock
watering, wildlife watering, fire protection, augmentation and
exchange purposes with the right to fill and refill in
priority.
7. Name and address of owner of land on which ditch is located:
Applicant.
Page 5 Case No. 95CW57 Porter
FIFTH CLAIM
1. Name of Structure: Sierra Pinyon Pond No. 1.
2. Legal description of place of storage:
The center of said pond will be located at a point 1350 feet
from the west section line and 1000 feet from the north section
line of Section 22, Township 6 South, Range 92 West of the 6th
P.M.
3. Source: The pond is filled from snowmelt and surface runoff
and from Dry Hollow Creek via the Sierra Pinyon Ditch, Pump and
Pipeline. The water is tributary to Dry Hollow Creek,
Tributary to the Colorado River.
4. A. Date of appropriation: March 23, 1995.
B. How appropriation was initiated: By field investigation
with engineer and an intent to appropriate for storage
purposes and to augment wells for subdivision.
C. Date water applied to beneficial use: N/A
5. Amount claimed: 7 acre feet (AF), conditional.
6. Proposed use: irrigation, domestic, livestock watering,
wildlife watering, piscatorial, fire protection, augmentation
and exchange purposes with the right to fill and refill in
priority.
7. Surface area of high water line: 1.0 acre
Maximum height of dam: 15 feet
Length of dam: 250 feet
8. Total capacity of reservoir in acre feet: 7.0 AF
9. Name and owner of land on which structure is located:
Applicant
Page 6 Case No. 95CW57
SIXTH CLAIM
1. Name of structure: Sierra Pinyon Pond No. 2.
2. Legal description of place of storage:
The center of said pond will be located at a point 1500 feet
from the west section line and 1000 feet from the North Section
line of Section 22, Township 6 South, Range 92 West of the 6th
P.M.
3. Source: The pond is filled with snowmelt and surface
runoff and from Dry Hollow Creek via the Sierra Pinyon Ditch.
The water is tributary to Dry Hollow Creek, tributary to the
Colorado River.
4. A. Date of appropriation: March 23, 1995.
B. How appropriation was initiated: By field investigation
with engineer and an intent to appropriate the water for
storage purposes and to augment wells for subdivision.
C. Date water applied to beneficial use: N/A
5. Amount claimed: 7.0 AF, conditional.
6. Proposed use: Irrigation, domestic, livestock watering,
wildlife watering, piscatorial, fire protection, augmentation
and exchange purposes with the right to fill and refill in
priority.
7. Name and address of owner of land on which pond is located:
Applicant and Alice Jungjohann.
Page 7 Case No. 95CW57 Porter
SEVENTH CLAIM
PLAN FOR AUGMENTATION
STRUCTURES TO BE AUGMENTED:
Sierra Pinyon Well Nos. 1 - 3.
Sierra Pinyon Ditch, Pump and Pipeline
Sierra Pinyon Pond Nos. 1 and 2.
USES TO BE AUGMENTED:
Applicant's engineer has determined that the annual depletions
as a result of the irrigation of 2.4 acres of home lawns and
gardens will total 4.152 acre feet based on a consumptive use
factor of 1.73 AF/A. The annual evaporation losses from April
through October on the surface of the ponds is calculated to be
2.54 ft per surface acre. The domestic consumptive use in eighteen
(18) single family residences is calculated to be 0.72 acre feet
per year based on an average occupancy of 3.5 persons per dwelling
utilizing 100 gallons per day per person and assuming 10%
consumptive use through individual septic tank and leach fields.
Livestock depletions are based on 10 gallons per day per head and
a 100% consumptive use factor.
It has been calculated that the depletions resulting from
Applicant's diversions will occur according to the following
schedule:
TABLE 1
All units in Acre Feet (AF)
Depletions
Month Domestic Irrigation Livestock Pond Evap. Total
(18 units) (2.4 Acres) (54 head) (2 surface
Acres)
Jan 0.063 0.05 0.113
Feb 0.063 0.05 0.113
Mar 0.063 0.05 0.113
Apr 0.063 0.288 0.05 0.352 0.753
May 0.063 0.528 0.05 0.646 1.287
Jun 0.063 0.768 0.05 0.940 1.821
Jul 0.063 1.080 0.05 1.321 2.514
Aug 0.063 0.840 0.05 1.028 1.981
Sep 0.063 0.504 0.05 0.617 1.234
Oct 0.063 0.144 0.05 0.176 0.433
Nov 0.063 0.05 0.113
Dec 0.063 0.05 0.113
Totals 0.756 4.152 0.60 5.080 10.588
Page 8 Case No. 95CW57 Porter
SOURCES OF AUGMENTATION WATER:
Applicant's engineer has determined that Applicant can be
expected to fill Sierra Pinyon Pond Nos. 1 and 2 each and every
year during the winter and spring run-off season when senior
priorities are not "calling" for water.
At such times as Applicant's diversions for the uses shown in
Table 1 above would be otherwise out -of -priority, Applicant will
cause to be released from Sierra Pinyon Pond Nos. 1 or 2 the
amounts of water as shown in Table 1 above.
5. The Referee, having examined the information submitted by the
Applicant, and having completed the investigations necessary to
make a determination in this matter, does therefore conclude that
the above entitled Amended Application should be granted and that
the above-described claims should be and hereby are approved as
requested; SUBJECT, HOWEVER, TO ALL EARLIER PRIORITY RIGHTS OF
OTHERS, and to the integration and tabulation by the Division
Engineer of such priorities and changes of rights in accordance
with law.
6. Application for a Finding of Reasonable Diligence shall be
filed in the same month as the decree herein is entered every six
years after the entry of the Decree herein so long as Applicant
desires to maintain the conditional water right herein awarded, or
until a determination has been made that such conditional right has
been made absolute by reason of the completion of the
appropriation, or is otherwise disposed of.
7. The Plan for Augmentation requested will not injuriously affect
the owner of or person entitled to use water under a vested water
right or a decreed conditional water right, and the Plan for
Augmentation is hereby granted and approved in accordance with
C.R.S. 1973, 37-92-305(3) and subject to the Court's retained
jurisdiction.
8. Applicant shall install such measuring devices as deemed
necessary by the Division Engineer to administer this plan.
9. Once Sierra Pinyon Pond Nos. 1 and 2 are constructed, fully
operational, and capable of providing the augmentation water
described in this Ruling, the State Engineer shall issue well
permits for Sierra Pinyon Well Nos. 1, 2 and 3 as described above
and subject to the provisions of this Ruling.
10. Pursuant to C.R.S. 37-92-305(8), The State Engineer and the
Division Engineer may lawfully be required under the terms of this
Ruling to curtail out -of -priority diversions from Applicant's wells
and ponds at any time when the consumptive use associated with
Applicant's diversions exceed the net amount of replacement water
available under this Plan for Augmentation.
Page 9 Case No. 95CW57 Porter
11. Applicant shall develop a monthly accounting form satisfactory
to the Division Engineer.
It is accordingly ORDERED that this Ruling shall be filed with
the Water Clerk subject to Judicial review.
It is further ORDERED that a copy of this Ruling shall be
filed with the appropriate Division Engineer and the State
Engineer.
Dated
l,6
BY TH �,� F _ • E :
7 -
l r
' tl
Water Referee
Water Division No. 5
State of Colorado
No protest was filed in this matter. The foregoing Ruling is
confirmed and approved, and is made the Judgment and Decree of this
Court: provided however, that the approval of the Plan for
Augmentation shall be subject to reconsideration by the Water Judge
on the question of injury to the vested rights of others during any
hearing commencing prior to 50% build -out of the above described
development. The Court shall have continuing jurisdiction for a
period of five (5) years up until and after 50% build -out of the
above described development. THE MONTH FOR FILING AN APPLICATION
FOR A FINDING OF REASONABLE DILIGENCE SHALL BE
Dated
Water Judge
Page 10 Case No. 95CW57 Porter
11. Applicant shall develop a monthly accounting form
to the Division Engineer.
It is accordingly ORDERED that this Ruling shall
the Water Clerk subject to Judicial review.
It is further ORDERED that a copy of this Ruling shall be
filed with the appropriate Division Engineer and the State
Engineer.
- c Li,/ 5
satisfactory
be filed with
Dated
lb
C1A✓e-
1(, ( �°t(r?
BY TH
�J4
Water Referee
Water Division No. 5
State of Colorado
No protest was filed in this matter. The foregoing Ruling is
confirmed and approved, and is made the Judgment and Decree of this
Court: provided however, that the approval of the Plan for
Augmentation shall be subject to reconsideration by the Water Judge
on the question of injury to the vested rights of others during any
hearing commencing prior to 50% build -out of the above described
development. The Court shall have continuing jurisdiction for a
period of five (5) years up until and after 50% build -out of the
above described development. THE MONTH FOR FILING AN APPLICATION
FOR A FINDING OF REASONABLE DILIGENCE SHALL BE
Dated /
Page 10 Case No. 95CW57 Porter
1
47 �uk1
TI -HOLY CRO`
3799 HIGHWAY 82
P.O. DRAWER 2150
GLENWOOD SPRINGS, COLORADO 81
March 25, 1996
TER CATTLE CORPORATION
RTON OR MARTHA PORTER
970-984-2790
2571 COUNTY RD. 314
NEW CASTLE, CO 81647 /1
PAY TO THE
ORDER OF
• 82.326/1021
1.005
\1Y\ AA/
OO5
A/ .)'- 19 �� f
$,595doo
P &1 VSTTY
53• E NYMAN • 19701 925,6500
ASPEN. COLORADO 8,61t
FOR
aAt,
a--�--4Ca
IXJD n,,,,,, LLAKS „ e,7
Mr. Barton Porter
2571 County Road 314
New Castle, Colorado 81647
RE: Sierra Pinyons Subdivision
Dear Barton:
We have completed a design and cost estimate for providing electric service to the above mentioned
project. Our facilities will be installed as shown on the attached sketch.
Holy Cross Electric estimates that the cost of construction will be as follows:
Total estimated cost of
underground construction
$29,500.00
Construction deposit consisting of
equivalent overhead credits (refundable) $21,000.00
Contribution in aid of construction
(nonrecoverable) 8,500.00
Total payment required before
starting work on the project $29,500.00
The above figures are only estimates. After the job has been completed, the actual cost of construction
will be determined. Your contribution and deposit will be adjusted to reflect the actual cost by making
a refund or further assessment. Execution of this document constitutes agreement to pay any further
assessment in a timely manner. Adjusted construction deposits are available for refund over a ten year
period as specified by Holy Cross Electric's Line Extension Policy.
The following conditions are hereby noted:
1. Holy Cross Electric has implemented a policy which requires that project owners provide all
excavation, backfill, compaction and cleanup needed for installation of the underground power
system extension to serve their new development. The owner must also set all vaults and install
all conduits as specified by Holy Cross Electric's design for the project and the enclosed
construction specifications. Holy Cross Electric will supply all material which can be picked up
by the owner at the appropriate storage yard. The cost of this material is included in the job
cost estimate. The attached Trench Agreement must be properly executed and returned prior to
the start of excavation.
2. There is no provision in our estimate for revegetation. Revegetation, if required, must be
provided by parties other than Holy Cross Electric.
3. Secondary voltage available will be 120/240, single-phase.
4. Secondary voltage will be made available at a pad -mounted transformer located within a
reasonable distance of each lot. It will be the lot owner's responsibility to extend underground
secondary entrance conductors from the point of power usage to the designated transformer.
When reaching the designated transformer involves a road crossing, a conduit will be installed
during construction of the primary voltage system. It will be the lot owner's responsibility to
maintain the conduit(s) associated with his lot.
5. Ali underground services shall be installed in conduit ahead of the meter. All underground
services must be in conduit beneath roads, driveways, and other areas of difficult excavation.
6. We attempt to complete all projects in a timely manner. However, highest priority is given to
maintaining service to our existing consumers. This fact, along with inevitable construction
delays, will not allow us to guarantee a project completion date.
Mr. Barton Porter
March 25, 1996
Page Two
7. All Holy Cross Electric rules and regulations will be followed.
When Holy Cross Electric is in receipt of your check in the amount of $29,500.00, all necessary executed
easements, other permits, if required, a completed "Request For Load Information" form, the executed
trench agreement, and the signed original of this letter agreement (below), the job can be scheduled for
construction.
Sincerely,
HOLY CROSS ELECTRIC ASSOCIATION, INC.
viz
Buzz Quaco,
Staking Engineer
BQ: rj m
Enclosure
The above terms and conditions
are ne;eby agreed to and coepted
By: ,��171�/
Title: lxGc,U--LA--
P-2/tt.)
Date:/�.-9/f ✓ %
W/O#96-15081:07-22:Sierra Pinyons Subdivision
quaco\porter.2
•
QUIT CLAIM DEED
THIS DEED made this day of April, 1996, between BARTON F. PORTER, whose
address is 2571 County Road 314, New Castle, Colorado, 81647, Grantor, and SIERRA PINYON
HOMEOWNERS ASSOCIATION, whose address is % Barton F. Porter, 2571 County Road 314, New
Castle, Colorado, 81647, Grantee.
WITNESSETH, That Grantor, for and in consideration of the sum of Ten Dollars and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised,
released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey
and QUIT CLAIM unto the Grantee, Grantee's successors and assigns, forever, all the right, title,
interest, claim and demand which Grantor has in and to certain property to held as common elements and
located in the Sierra Pinyon Subdivision, which subdivision is depicted on a plat recorded in the records
of Garfield County and otherwise situate, lying and being in the County of Garfield and State of Colorado,
more particularly described as follows:
The domestic water pumping, delivery and storage systems for the Sierra Pinyon
Subdivision, including without limitation all wells, well casings, intakes, screens, pumps,
well houses, pipes, valves and storage tanks;
All well and well rights appurtenant to the Sierra Pinyon Subdivision, collectively referred
to as the "water rights", including, without limitation: Sierra Pinyon Wells No. 1, 2 and
3, the Sierra Pinyon Ditch , Pump & Pipeline, Sierra Pinyon Ponds No. 1 and 2, and the
Plan for Augmentation decreed in Case No. 95CW057; and
All common areas depicted on the plat of the Sierra Pinyon Subdivision, including without
limitation all easements and rights of way, roadways, signs, fences and improvements
thereon.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest
and claim whatsoever, of Grantor, either in law or equity, to the only proper use, benefit and behoof of
Grantee, Grantee's successors and assigns forever.
IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above.
Barton F. Porter
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this day of , 1996,
by Barton F. Porter.
WITNESS my hand and official seal.
My commission expires:
Notary Public
11: \IRS\PORTPR\PINYON \QCD. HOA
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
SIERRA PINYON SUBDIVISION
Barton F. Porter ("Declarant"), as owner of certain real property in the County of
Garfield, State of Colorado, known as the Sierra Pinyon Subdivision ("Sierra Pinyon") depicted
on the plat of same recorded on , 1996, as Reception No. in
the records of the Clerk and Recorder of Garfield County, Colorado, (the "Plat"), and described
as follows:
A parcel of land situated in Section 22, Township 6 South, Range 92 West of the
Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being
more particularly described as follows:
Lots 17, 18 and 19, Sierra Vista Ranch according to Plat filed as Rec. No. 302518.
COUNTY OF GARFIELD
STATE OF COLORADO
(the "Property"). Declarant desires to create a Planned Community Common Interest
Community, to be known as Sierra Pinyon Subdivision, in which certain common property will
be owned by the Sierra Pinyon Homeowners Association, a Colorado nonprofit corporation, its
successors and assigns (the "Association"). Declarant makes the following declarations:
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, assigns, tenants, guests and invitees. These Covenants
shall inure to and are imposed for the benefit of all Lot Owners of parcels of land located within
the Property. These Covenants create specific rights and privileges which may be shared and
enjoyed by all owners and occupants of any part of the Property. Declarant hereby submits the
Sierra Pinyon Subdivision to the provisions of the Colorado Common Interest Ownership Act,
Sections 38-33.3-101, et seq., Colorado Revised Statutes, as it may be amended from time to
time (the "Act"). In the event the Act is repealed, the Act, on the effective date of this
Declaration, shall remain applicable.
1.2 Declarant's Intent. Declarant desires to ensure the attractiveness of individual
Lots 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.
11,129,901491A 4/10/96
1
• •
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 "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.
2.2 "Lot" shall mean any lot shown on the Plat of Sierra Pinyon Subdivision which
may be conveyed in conformance with the laws of the State of Colorado. For purposes of
conforming the terms and provisions of this Declaration to the terms and provisions of the Act,
the term "Lot" shall be analogous to the term "Unit" as that term is defined in the Act.
2.3 "Lot Owner" shall mean an owner of a Lot shown on the Plat of Sierra Pinyon
Subdivision. For purposes of conforming the terms and provisions of this Declaration to the
terms and provisions of the Act, the term "Lot Owner" shall be analogous to the term "Unit
Owner" as that term is defined in the Act.
ARTICLE III
DESCRIPTION OF COMMON INTEREST COMMUNITY
3.1 Units. The maximum number of Lots in Sierra Pinyon is fourteen (14) single
family Lots.
3.2 Common Elements. The Common Elements include:
(a) All underground water and water rights appurtenant to the Property,
including all well and well rights appurtenant to the Sierra Pinyon Subdivision,
collectively referred to as the "water rights", including, without limitation: Sierra Pinyon
Wells No. 1, 2 and 3, the Sierra Pinyon Ditch , Pump & Pipeline, Sierra Pinyon Ponds
No. 1 and 2, and the Plan for Augmentation decreed in Case No. 95CW057, together
with all well casing, screens, pumps, piping, storage tank, valves, hydrants and other
appliances for the domestic water system from any well to the point of individual service
for any lot in Sierra Pinyon;
II:VRS\PORTIR\PINYON/OCCLARAT- 0/10196
2
• 1
(b) All access and utility easements depicted on the map of Sierra Pinyon 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 Lot Owners and their families,
tenants, guests and invitees and not for the public. The Association, subject to the rights
and obligations of the Lot Owners set forth in this Declaration, shall be responsible for
the management and control of the Common Elements.
3.3 Allocated Interests. The undivided interest in the Common Elements, the
Common Expense liability and votes in the Association allocated to each Lot Owner shall be
allocated to each Lot and calculated as follows:
(a) the undivided interest in Common Elements, on the basis of an equal
interest for each Lot;
(b) the percentage of liability for Common Expenses, on the basis of equal
liability for each Lot; and
(c) the number of votes in the Association, on the basis of one vote per Lot.
3.4 Conveyance of Water Rights. By separate instruments, Declarant shall transfer
to the Association all water and water rights appurtenant to the Property described in Section 3.2
above. Such water and water rights shall be held by the Association in trust for the use and
benefit of the Lot Owners and shall not be sold, leased, conveyed or encumbered by the
Association.
3.5 Water Systems Operation. The domestic potable water system, including all
pumps, main distribution lines and facilities, will be owned, operated and maintained by the
Association. All charges for operations shall be initially paid by the Association and charged
as a Common Expense to the Lot Owners. Each Lot Owner and the Executive Board shall
cooperate with the applicable public health and other governmental officials to comply all laws
and regulations governing the use of such systems and rights. Each Lot Owner will own and
be responsible for all costs, expenses and liabilities from such Owner's points of connection to
the Association's distribution lines. Each Lot 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
Lot Owner's Lot. Each Lot Owner shall adhere to the terms of any water rights decrees and
permits affecting water service on 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 applicable law. 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 actions to assure compliance with 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 systems will be independently supported with
adequate reserves for capital replacement.
3.6 Road Access. The primary roadway easements and rights of way depicted on the
Plat for access to Sierra Pinyon shall be conveyed to the Association by Declarant. The
H:\IRS\PORTER\PINYON\DPCIARAT-- 4/10/96
3
• •
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 Lot. 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. Costs of the maintenance
of the roadway shall be borne equally by the Lot Owners regardless of the length of road serving
a particular lot.
3.7 Recorded Easements. The Property, and all portions thereof, shall be subject to
all easements shown on the recorded Plat 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 for ingress and egress and for installation, replacement, repair,
and maintenance of all utilities, including but not limited to domestic water, sewer, gas,
telephone and electrical systems. By virtue of this Easement, it shall be expressly permissible
and proper for the companies providing electrical, telephone and other communication services
to install and maintain necessary electrical, communications, and telephone wires, circuits, and
conduits in the easement. No water, sewer, gas, telephone, electrical, or communications lines,
systems, or facilities may be installed or relocated on the surface of the Property, except for
necessary surface facilities. Such utilities temporarily may be installed above ground during
construction, if approved by the Declarant or the Association. 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 Lot 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 Lot shall be the responsibility of the Lot 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, including without limitation, any actions
in respect to the water distribution systems and individual sewage disposal systems (ISDS).
11:VRS\PORTPA\PINYON\OECLARAT-4/10190
4
• •
3.11 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 III even though no specific reference to such
easements or to this Declaration appears in the instrument for such conveyance.
ARTICLE IV
THE ASSOCIATION
4.1 Membership. Every person, by virtue of being a Lot Owner and while such
person is a Lot Owner, shall be a member of the Association. Membership shall be appurtenant
to and may not be separated from Ownership of any Lot. No Lot Owner, whether one or more
persons, shall have more than one membership per Lot owned, but all of the persons owning
each Lot shall be entitled to rights of membership and use and enjoyment appurtenant to such
Ownership.
4.2 Authority. The business affairs of Sierra Pinyon shall be managed by the Sierra
Pinyon Homeowners Association, a Colorado nonprofit corporation.
4.3 Powers. The Association shall have all of the powers and authority permitted
under the Act necessary and proper to manage the business and affairs of Sierra Pinyon.
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 Lot, hereby covenants, and each Lot Owner of any Lot, 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 Lot Owner at the time when the
assessment or other charges became or fell due. Two or more Lot Owners of a Lot 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 Lot
against which each such assessment is made. A lien under this Section is prior to all other liens
and encumbrances on a Lot except: (a) liens and encumbrances recorded before the recordation
of the Declaration; (b) a first lien Security Interest on the Lot 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 Lot. 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 Lot shall not affect
the Association's lien except that sale or transfer of any Lot 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.
II:VRS\PORTPR\PINYON\OECLARAT 1/10/96
5
• •
No such sale, transfer, foreclosure, nor cancellation or forfeiture shall relieve any Lot 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 Lots based on a equal share for each Lot.
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 Sierra Pinyon 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 fee of any manager, utilities,
transportation, professional fees and other customary charges.
5.4 Annual Assessment/Commencement of Common Expense Assessments. Common
Expense Assessments shall be made on an annual basis against all Lots and shall be based upon
the Association's advance budget of the cash requirements needed by it to provide for the
administration and performance of its duties during such assessment year. Common Expense
Assessments shall be payable in monthly installments and shall begin on the first day of the
month in which conveyance of the first Lot to a Lot Owner other than the Declarant occurs.
5.5 Effect of Non -Payment 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 Lot 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
Lot Owner's Lot. An action at law or in equity by the Association against a Lot 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 Lot Owner
of each Lot (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 Lot 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 Lot and shall be maintained for the use and
benefit of the Association. Such payment shall not relieve a Lot Owner from making regular
payments of the assessments when due. Upon the transfer of a Lot, a Lot Owner of same shall
be entitled to a credit from the transferee for any unused portion of the working fund.
H: JRS\I'ORTFA\PINYON\DEC ARAT- 4110196
6
• •
ARTICLE VI
CONSTRUCTION AND ALTERATION OF IMPROVEMENTS
6.1 General. The provisions set forth in these Covenants shall govern the right of a
Lot Owner to construct, reconstruct, refinish, alter or maintain any Improvement upon, under
or above any of Sierra Pinyon, and to make or create any excavation or fill on Sierra Pinyon,
or make any change in the natural or existing surface contour or drainage, or install any utility
line or conduit on or over Sierra Pinyon.
6.2 Fireplaces and Stoves. In order to protect against air quality degradation from
the utilization of solid fuel burning devices, no open hearth solid fuel fireplaces shall be allowed.
There shall be no restriction on the number of natural gas burning fireplaces or appliances.
Each dwelling unit will be allowed one (1) new wood -burning stove as defined by C.R.S. 25-7-
401, et. seq., and the regulations promulgated thereunder.
6.3 Fences. No perimeter fencing shall be allowed and all fencing shall conform to
the standards of the Colorado Department of Wildlife as recommended at the time of
construction.
6.4 Wildfire Prevention. The recommendations of the Colorado State Forester
wildfire prevention guidelines, specified by the pamphlet "Wildfire Protection in the Wildland
Urban Interface" prepared by the Colorado State Forest Service (C.S.F.S. #143-691) shall be
followed in the construction of all structures.
ARTICLE VII
PROPERTY USE RESTRICTIONS
7.1 General Restriction. The Property shall be used only for residential purposes as
set forth in these Covenants as the same may be amended from time, as permitted by the
applicable regulations of the County of Garfield and the laws of the State of Colorado and the
United States, or other specific recorded covenants affecting all or any part of the Property.
7.2 Subdivision of Lots. No Lot may be subdivided.
7.3 Outside Irrigation. No Lot shall have more than 1,500 square feet in outside
irrigation.
7.4 Erosion and Vegetation Control. The surface of the Property, including all Lots,
shall be maintained in a condition which will minimize the risk of soil erosion and weed
infestation. All excavations, fills and other construction which disturb the existing vegetation
shall be revegetated with weed free seed and mulch. Any disturbed area on a Lot shall be fully
restored by the Lot Owner and, upon failure to do so, the Association may take such remedial
action as is necessary to accomplish such restoration and shall charge the cost of same to the
responsible Lot Owner as an Assessment under Section 5.1 above.
7.5 Hunting and Firearms. Firearms shall not be discharged on the Property and no
hunting with firearms shall be allowed.
II:URS\YORl111 PINYON \DECLARAT-- 4/10/96
7
• •
7.6 Dogs. Only one (1) dog shall be allowed per lot, provided:
(a) Each dog shall be kept under the control of the Lot Owner at all times and
shall not be permitted to run free or to cause a nuisance on the Property.
(b) No dog shall be allowed to bark excessively, which is defined as barking
more or less continuously during any 15 -minute period.
(c) Each dog shall be leashed or kept in a humane kennel or run at all times.
Metal chainlink fencing will be allowed for the purposes of kenneling a dog. The
location and style of each kennel shall be subject to review by the Association. A kennel
shall be installed prior to issuance of a Certificate of Occupancy for any Lot if the Lot
Owner possesses a dog at such time and, in any event, prior to the introduction of a dog
on any Lot.
(d) All Lot Owners shall keep dogs reasonably clean and free of disease and
all Lots shall be kept free of animal waste.
(e) Should any dog chase or molest deer, elk, poultry or any domestic animals
or persons, or destroy or disturb property of another, the Association may prohibit the
Lot Owner from continuing to keep the offending dog on such Owner's Lot. If
necessary, to protect wildlife or other Owners' domestic animals, persons or property,
the Association may take additional steps, including the destruction of the offending dog.
Except in an emergency or as provided by law, the Owner of an offending dog shall be
provided written notice of such action at least five (5) days before disposal occurs. Such
notice shall be posted on the front door of the residence of the Owner of the offending
dog. Within such five (5) day period, the offending dog may be kenneled at a licensed
kennel with all costs incurred by the Association assessed against the Owner.
7.7 Drainage. No Lot Owner shall do or permit any work, construct any
Improvements, place any landscaping or suffer the existence of any condition whatsoever which
shall cause any discharge onto any adjacent property, except to the extent such alteration and
drainage pattern is approved in writing by the Association and any other affected property
owner.
7.8 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 Lot 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 Lot shall be kept in a reasonably sanitary condition, free
of offensive odors and protected from rodent and insect infestations.
7.9 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
H:VRS\PORTFR\PINYON\DPCLARAT- 411W9b
8
• •
the Association in connection with such enforcement shall be assessed to the persons responsible
for the interference.
7.10 Compliance With Laws. Subject to the rights of reasonable contest, each Lot
Owner shall promptly comply with the provisions of all applicable laws, regulations and
ordinances with respect to Sierra Pinyon including, without limitation, all applicable
environmental laws and regulations.
ARTICLE VIII
MAINTENANCE
8.1 Association's Maintenance Responsibility. The Association shall maintain and
keep the Common Elements in good condition and repair the cost of which shall be included
as part of the Common Expenses, subject to the Bylaws and Association Rules. If, due to the
act or neglect of a Lot Owner or a Lot Owner's invitee, guest or any other occupant of a Lot,
damage shall be caused to the Common Elements or to a Lot owned by another, then such Lot
Owner shall pay the costs of repairs and replacement as may be determined necessary or
appropriate by the Association. Such obligation shall be an assessment against such Lot Owner
secured by the lien provided for in Section 5.1 above.
8.2 Unit Owner's Maintenance Responsibility. Except as provided otherwise in the
Declaration or by written agreement with the Association, all maintenance of individual Lots
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 Lot Owners. Each Lot 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 Lot 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 Lot for the purpose of inspecting such utility
system and if the Lot Owner refuses to make necessary repairs, the Association may do so and
the costs of such repairs shall be charged to the Lot Owner and collected pursuant to Article V
of this Declaration. Not less than biennially, each Lot Owner shall provide the Association
evidence of an inspection and necessary pumping of such Lot Owner's ISDS.
ARTICLE IX
INSURANCE
9.1 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 time to time, together with such other insurance as the Executive Board of the
Association shall deem advisable.
9.2 Unit Owner's Insurance Responsibility. Each Lot Owner shall maintain all
insurance coverage for such Owner's Lot as deemed appropriate by such Lot Owner. In
addition, each Lot Owner shall be responsible for insuring all personal property on the Lot, as
well as general liability insurance and any other insurance coverage deemed appropriate by such
Lot Owner.
HAIRS \PORTPR\PINYON DECL 1 AT 4/10/96
9
ARTICLE X
DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS
10.1 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 and management offices;
(c) The right to maintain signs on the Property to advertise the sale of Lots
in Sierra Pinyon;
(d) The right to use, and to permit others to use, easements on the Property
as may be reasonably necessary for the purpose of discharging Declarant's obligations
under the Act and this Declaration; and
(e) The right to appoint or remove any officer of the Association or any
Director during the Declarant control period consistent with the Act.
10.2 Limitations on Development Rights and Special Declarant Rights. Unless sooner
terminated by a recorded instrument signed by Declarant, any Development Right or Special
Declarant Right may be exercised by the Declarant for the period of time specified in the Act.
ARTICLE XI
ENFORCEMENT OF COVENANTS
11.1 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.
11.2 Compliance. Each Lot 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.
11.3 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 Lot
Owners. If, after a written request from an aggrieved Lot Owner, neither of the foregoing
entities commence an action to enforce these Covenants, then the aggrieved Lot Owner may
bring such an action.
11.4 Nonexclusive Remedies. All the remedies set forth herein are cumulative and not
exclusive.
11:\IRS\ PORITA\PINYOMDPCI ARAT 4/10/96
10
• •
11.5 Nonliability. No member of the Executive Board, the Declarant, the Association
or any Lot Owner shall be liable to any other Lot Owner for the failure to enforce these
Covenants at any time.
11.6 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 XII
MISCELLANEOUS PROVISIONS
12.1 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.
12.2 Construction. In interpreting words in the Declaration unless the context shall
otherwise provide or require, the singular shall include the plural, the plural shall include the
singular, and the use of any gender shall include all genders.
12.3 Headings. The headings are included only for reference and shall not affect the
meaning or interpretation of this Declaration.
12.4 Notice. All notices or requests required shall be in writing. Notice to any Lot
Owner 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 Lot Owner
on file in the records of the Association at the time of the mailing. Notice to the Association
or the Executive Board 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 or the Executive Board at the address established by the Association from time to
time by notice to the Lot Owners. General notices to all Lot Owners need not be certified, but
may be sent by regular first class mail.
12.5 Waiver. No failure by the Association or the Executive Board 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.
12.6 Amendments. Except as otherwise provided by the Act (including amendments
by the Declarant and the Association which are expressly permitted by the Act) this Declaration
shall not be amended unless at least (i) sixty-seven percent (67%) of the Lot Owners and (ii)
fifty-one percent (51 %) of the First Mortgagees (based on one vote for each First Mortgage
held) have given their prior written approval. Notwithstanding the foregoing, and except to the
extent expressly permitted or required by the Act, no amendment may (i) create or increase
special Declarant rights, (ii) increase the number of Lots, (iii) change the boundaries of any
Lot, (iv) change the allocated interests of a Lot or (v) change the uses to which any Lot is
H:VRS\PORIIR\PINYON\DEC ARAT-4/10/96
11
• •
restricted in the absence of unanimous consent of the Lot Owners. Unless a First Mortgagee
provides the Secretary of the Association with written notice of its objection to a proposed
amendment within 30 days following the First Mortgagee's receipt of notice of such proposed
amendment, the First Mortgagee will be deemed conclusively to have approved the proposed
amendment. The term "Mortgage" shall include a Deed of Trust and the term "Mortgagee"
shall include a beneficiary under a Deed of Trust.
12.8 Term. This Declaration and any amendments or supplements hereto shall remain
in effect from the date of recordation until December 31, 2026. 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 day
of , 1996.
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
BARTON F. PORTER
The foregoing instrument was acknowledged before me this day of
1996, by Barton F. Porter.
WITNESS my hand and official seal.
My Commission Expires:
II:VRS\YORflit\YINYON\DCCIMAT- 4/10/96
12
Notary Public
•
"Protect your most valuable possession --WATER"
Colorado Water Rights Analyst
Registered Professional Engineer
RAY D. WALKER, P.E. • 3125 Highway 13 • Rifle, Colorado 81650 • Phone: (970) 625-3260
February 14, 1996
Barton Porter
2571 Road 314
New Castle, CO 81647
Dear Barton,
On February 9, 1996, your well system was pumped for 24 hours
to determine the quantity of water that can presently be pumped
from your two existing wells and stored in your existing storage
tank.
The two wells involved are Sierra Pinyon Well No. 1 and Sierra
Pinyon Well No. 2.
Sierra Pinyon Well No. 1 is decreed in Case No. 95CW57 as
being in the NE4 NW4 of Section 22, Township 6 South, Range 92 West
of the 6th P.M., at a point 1202 feet from the North Section line
and 1563 feet from the West Section line of said Section 22.
Sierra Pinyon Well No. 2 is decreed in Case No. 95CW57 as
being in the NEk NW4 of Section 22, Township 6 South, Range 92 West
of the 6th P.M., at a point 977 feet from the North section line
and 2503 feet from the West section line of said Section 22.
The storage tank is located in Section 22, Township 6 South,
Range 92 West of the 6th P.M., at a point approximately 200 feet
from the North section line and 2800 feet from the West section
line of said Section 22.
The storage tank is located approximately 200 feet in
elevation above Sierra Pinyon Well No. 2. The tank is 13 feet in
diameter and 33 feet tall with a maximum storage capacity of 32,747
gallons.
Beginning at 5:00 P.M. on February 9, 1996, the following
measurements and readings were taken:
02/09/96
Time
02/09/96
5:00 PM
11:30
02/10/96
12:05 AM
12:10
7:45 AM
7:52
2:35 PM
2:40
2:45
4:55 PM
5:00
5:05
02/11/96
8:30 AM
Sierra Pinyon
Well No. 1
Static Level
in feet
7
23.5
32.3
34.83
36.33
Sierra Pinyon Depth
Well No. 2 water
Static Level in tank
in feet
gallons gallons
in tank per
minute
57 .67 665
75.83
8.5 8434.8 18.07
85.92 15.5 15381 15.26
93
95
7.5 69.17
19 18854 8.27
20.25 20095 9.55
As indicated above, Sierra Pinyon Well Nos. 1 and 2 have
presently physically provided 19,430 gallons of water in a 24 hour
period. Future physical water yields of the system may depend on
many factors such as the pumps and aquifer yields.
During a normal 24 hour period, the 14 units and the livestock
watering would require 5,320 gallons based on an occupancy of 3.5
persons per unit and 100 gallons per person per day. Livestock
will require 10 gallons per head per day.
A factor of 2.5 times the daily requirements for the in-house
domestic use is considered adequate to support a development. The
19,430 gallons that were pumped into storage is adequate for the
in-house domestic use in 14 units and the watering of 42 head of
livestock.
Page 2
It is my understanding that the existing system consists of a
1/2 horsepower pump in Sierra Pinyon Well No. 1 and 12 horsepower
pump in Sierra Pinyon Well No. 2. The existing system will support
only minimal outside irrigation. I recommend that meters be
installed on all units.
Please let me know if I need to clarify any of the above
matters.
Sin e1) ",
12-0.7
Ray D. Walker P.E.
Page 3