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HomeMy WebLinkAbout1.0 ApplicationWEST RIMLEDGE SUBDIVISION FINAL PLAT SUBMITTAL APPENDIX A - E APPENDIX A - 9-/v 8/15+ P� SUBDIVISION IMPROVEMENTS AGREEMENT WEST RIMLEDGE SUBDIVISION 81c 7/54- R4, 7°45/9'9 41`2"3 -hN THIS AGREEMENT is made and entered into this fZ day of UG)/ , 1999, by and between MICHAEL N. HAMMES and LENORE L. HAMMES, (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, approval for the preliminary plan for the West Rimledge Subdivision (formerly known as the Hammes Subdivision) was obtained under the terms and conditions set forth in Resolution No. 98-35; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for West Rimledge Subdivision (hereinafter "Final Plat") for the property described on Exhibit A attached hereto and incorporated herein; WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance of this agreement, and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinafter. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this agreement, as well as the terms and conditions of the Preliminary Plan approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements related to West Rimledge Subdivision which are required to be constructed by this Agreement, the Final Plat and all applicable Garfield County Zoning and Subdivision Regulations. Those improvements shall be completed on or before . Additionally, the Owner shall comply with the following: a. all plat documents submitted prior to or at the time of the Final Plat approval, which are incorporated herein by reference, and made a part of this agreement; it RECEIVED JUN 0 4 1999 •�a GARFIELD COUNTY PLANNWG DEPARTMENT N. 109 8Th ST. - 3114TE 303 tx., 40o0 SPRINGS, 00 &WI b. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and c. all designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities. d. the improvements to be constructed by the Owner shall include, but are not limited to the following: i. internal roads, pedestrian ways, drainage features and utility structures, in accordance with the plans and specifications therefor contained in the Final Plat. ii. reconstruction of the access road across property owned by Kristin Lawrence to the east of the Subdivision as provided in the Agreement to Relocate Roadway between Owner and Kristin Lawrence dated June , 1999. iii. emergency access roadway across Lot 1 of the Subdivision to connect with Wooden Deer emergency access as provided in the Agreement for Emergency Access Easement between Owner and Wooden Deer Homeowners Association dated May , 1999. giv. revegetation in accordance with plans contained in the Final Plat documents. The County agrees that if all improvements are installed in accordance with this agreement, Final Plat documents, and the as -built drawings to be submitted upon completion of the improvements, the requirements of the Garfield County Zoning Code, all other requirements of this agreement and the requirements of the Preliminary Plan, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 3. SECURITY FOR IMPROVEMENTS. a. Letter of Credit. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, the Owner shall deliver a Letter of Credit in a form acceptable to the County in the amount of $106,000.00 which is the estimated cost of completion of the subdivision improvements related to West Rimledge Subdivision as set forth and certified by a licensed engineer on Exhibit B attached hereto. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. If the institution issuing the Letter of Credit is not licensed in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of C.R.S. 4-5-106(2) by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable Subdivision Improvements Agreement Page 2 to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein, provided, however, that an amount of security adequate to guarantee the survival of plantings shall remain in effect for two (2) years from date hereof. If the time for completion of improvements is extended by a written agreement to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, this Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the terms of this Agreement. b. Partial Releases of Letter of Credit. The County shall release portions of the Letter of Credit as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion of improvements by the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. Ifno letter ofpotential deficiency is furnished within said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are Subdivision Improvements Agreement Page 3 acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. c. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. d. Recording of Final Plat. No Final Plat shall be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. I DOMESTIC WATER. No later than thirty (30) days from the date hereof the Owner shall assign to the West Rimledge Homeowners Association Well Permit Nos. 49664-F, 49665-F, and 49666-F and Basalt Water Conservancy District Allotment Contract No. 299 which will provide domestic water service to the dwelling units approved in the Final Plat. 5. ROADS. All streets and roads within the Final Plat shall be dedicated as perpetual, non-exclusive access easements and rights-of-way for the use and benefit of the public subject to the right of appropriate public utility companies and the Association to utilize said streets and roads as utility, irrigation and drainage easements. The Association shall be solely responsible for the maintenance, repair and upkeep of all such roads. The County shall not be obligated to maintain any roads within the Subdivision. 6. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to Sue and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rights under this paragraph. Nothing herein stated shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 7. SCHOOL IMPACT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 3 new single family lots for a total of 3 new dwelling units. The parties agree that school impact fees shall be determined to be $200.00 per dwelling unit. The Owner specifically agrees that it is obligated to pay the same, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay school impact fees. The Owner agrees Subdivision Improvements Agreement Page 4 that subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. 8. The Owner shall pay Garfield County Road Impact Fee in the amount o r each of ots created by the Final Plat in accordance with Garfield County Resolution No 9. ADDITIONAL REQUIREMENTS. In addition to other matters set forth in the within Subdivision Improvements Agreement, Owner shall perform the following obligations: a. Owner shall fully satisfy all obligations required of Owner in the Water Use Agreement between themselves and Jean and Dee Blue dated December 30, 1998. b. Owner shall pay to the Wooden Deer Homeowners Association the sum of $6,666.66 upon the initial sale of each of Lots 1, 3, and 4 of the Subdivision as provided in the Agreement for Emergency Access Easement between Owner and Wooden Deer Homeowners Association dated May , 1999. wner shall pay to the Rimledge Road Maintenance Association the sum of $6,666.66 upon the initial sale of each of Lots 1, 3, and 4 of the Subdivision as provided in paragraph 28(c) of Resolution No. 98-35. d. Owner shall pay to the Carbondale and Rural Fire Protection District the sum of $2,000.00 upon the initial sale of each of Lots 1, 3, and 4 of the Subdivision as required by paragraph 20 of Resolution No. 98-35. CABS) \ 3Z\O1.• ONF Wok)/ Sate 10. SALE OF LOTS. No lots within the Whitecloud Ridge Subdivision shall be conveyed prior to recording of the Final Plat. 11. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this agreement, the County may withhold issuance of building permits for any structure within the Subdivision. The parties agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Subdivision until all subdivision improvements have been completed and are operational, as required by this agreement. 12. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the Subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this agreement. Subdivision Improvements Agreement Page 5 13. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this agreement, including the terms of the Preliminary Plan approval, the County shall have the ability to vacate the final plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued, shall not be vacated and the plat as to those lots shall remain valid. The Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 14. BINDING EFFECT. This agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 15. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 16. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. 17. AMENDMENT. The parties hereto mutually agree that this agreement may be amended from time to time, provided such amendment in writing and signed by the parties hereto. 18. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, Co 81601 Michael N. and Lenore L. Hammes 5363 County Road 100 Carbondale, CO 81623 with copy to: Lawrence R. Green Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Subdivision Improvements Agreement 'Page 6 ENTERED INTO the day and year first above written. ATTEST: Clerk to the Board c: \wp-docs\LG\Hammes\ ...155.99 MICHAEL N. HAMMES LENORE L. HAMMES BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Chairman Subdivision Improvements Agreement Page 7 EXHIBIT A Hammes Property Legal Description A PARCEL OF LAND SITUATED IN THE SW1/4SE1/4 AND THE S1/2SW1/4 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 24, A ALUMINUM CAP L.S. #11204 IN PLACE, THE POINT OF BEGINNING; THENCE N 89° 32' 29" W ALONG THE SOUTHERLY LINE OF SAID SECTION 24 A DISTANCE OF 1313.79 FEET TO A POINT ON THE EASTERLY BOUNDARY OF WOODEN DEER SUBDIVISION, A GARFIELD COUNTY SURVEYOR BRASS CAP MARKED "W 1/16 SEC 24 / 25", IN PLACE; THENCE N 01° 06' 46" W ALONG THE EASTERLY BOUNDARY OF SAID SUBDIVISION A DISTANCE OF 991.59 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE LEAVING SAID EASTERLY BOUNDARY S 89° 38' 01" E A DISTANCE OF 1344.98 FEET TO A REBAR AND CAP L.S. #5447 IN PLACE; THENCE S 89°02'13" E A DISTANCE OF 697.38 FEET TO A REBAR AND CAP L.S. #5447 IN PLACE; THENCE S 01°59'43" W A DISTANCE OF 998.68 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 24, A REBAR AND CAP L.S. #5447 IN PLACE; THENCE N 88°35'55" W ALONG THE SOUTHERLY LINE OF SAID SECTION 24 A DISTANCE OF 674.08 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 45.961 ACRES, MORE OR LESS. COUNTY OF GARFIELD STATE OF COLORADO EXHIBIT B WEST RIMLEDGE SUBDIVISION SUMMARY OF PROBABLE CONSTRUCTION COST FOR PUBLIC IMPROVEMENT May 21, 1999 HCE JOB NO: 97046.01 k \yp, ].:a\Iik097\9, 4A\97O4€C.I wl:_ ITEM QUANTITY UNIT COST COST Grading and Earthwork Mobilization 1 L.S. 5,000.00 5,000.00 Earthwork 1 L.S. 25,000.00 25,000.00 Rock Excavation 200 C.Y. 25.00 5,000.00 6" Class 6 ABC 900 C.Y. 18.00 16,200.00 6" Class 6 ABC (Offsite New Const.) 260 C.Y. 18.00 4,680.00 Offsite Existing Road Improvements Class 6 ABC Ditch Improvements Storm Drains 18" ADS N-12 18" Flared End Shallow Utilities 3' Utility Trench Telephone Utility Miscellaneous 75 S.Y. 1 L.S. 60 Each 4 Each 2200 L.F. 2200 L.F. 18.00 1,350.00 500.00 500.00 25.00 1,500.00 150.00 600.00 3.50 7,700.00 4.50 9,900.00 Revegetate/Landscape 1 L.S. 3,000.00 3,000.00 Class I Ground Sign 1 Each 200.00 200.00 Surveying/Construction Staking 1 L.S. 10,000.00 10,000.00 Erosion and Sediment Control 1 L.S. 1,500.00 1,500.00 15% Contingency SUB TOTAL $92,130.00 $13,819.50 TOTAL $105,949.50 This summary of probable construction cost was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. APPENDIX B DECLARATION OF PROTECTIVE COVENANTS OF WEST RIMLEDGE SUBDIVISION TABLE OF CONTENTS Page ARTICLE I. PURPOSE OF COVENANTS 1 ARTICLE II. OWNERS — HOMEOWNERS ASSOCIATION 1 Membership 1 Purpose 1 ARTICLE III. USE RESTRICTIONS 2 Permitted Uses 2 Accessory Uses 2 Duplexes/Multi-Family Structures 2 Outbuildings 2 ARTICLE IV. ARCHITECTURAL COMMITTEE 3 Architectural Committee 3 Approval by Architectural Committee 3 Improvements — Site Location 4 Building Permit 4 Variances 4 General Requirements 5 Materials and Landscaping 5 Site Location 5 Fencing 5 Lighting 5 Requirements for Protecting Structures from Wildlife 5 Construction Specifications 6 Defensible Space 6 Preliminary Approvals 7 Architectural and Site Development Plans 7 Architectural Committee Not Liable 7 Written Records 7 Authority to Promulgate Rules and Regulations 8 ARTICLE V. RESTRICTIONS AND PROTECTIVE COVENANTS 8 No Further Subdivision 8 Domestic Animals 8 Underground Utility Lines 9 Service Yards and Trash 9 No Mining, Drilling or Quarrying 9 Domestic Water Wells 9 Individual Sewage Disposal System 10 Trees 10 Hunting 10 Prohibition Against Lawn Chemicals 10 ARTICLE VI. RESTRICTIONS ON LOTS 10 Number and Location of Buildings 10 Completion of Construction 10 Used or Temporary Structures 11 Enclosure of Unsightly Facilities and Equipment 11 Noxious or Offensive Activity or Sounds 11 Air Quality Restrictions 11 Firearms 11 Commercial Activities 11 General Restriction 12 ARTICLE VII. ACCESS TO SUBDIVISION 12 Primary Access 12 Emergency Access 12 ARTICLE VIII. COLLECTION OF ASSESSMENTS — ENFORCEMENT 13 Assessments 13 Lien for Nonpayment of Assessments 13 Enforcement Action 14 Limitations on Actions 14 ARTICLE IX. EASEMENTS AND OPEN SPACE 15 Easements Shown on Final Plat 15 Easements for Access and Repairs 15 ARTICLE X. INSURANCE 15 Types of Insurance 15 ARTICLE XI. GENERAL PROVISIONS 15 Declaration to Run 15 Termination of Declaration 16 Amendment of Declaration 16 Severability 16 Paragraph Headings 16 Limited Liability 16 DECLARATION OF PROTECTIVE COVENANTS FOR WEST RIMLEDGE SUBDIVISION THIS DECLARATION OF PROTECTIVE COVENANTS FOR WEST RIMLEDGE SUBDIVISION is made and entered into this day of , 1999. ARTICLE I. PURPOSE OF COVENANTS This Declaration of Protective Covenants (the "Declaration") shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as West Rimledge Subdivision (the "Subdivision") consisting of four (4) lots (the "Lots") as defined and described in the Final Plat (the "Final Plat") therefor recorded as Reception No. in the Office of the Clerk and Recorder of Garfield County, Colorado. It is the intention of Michael N. and Lenore L. Hammes (hereinafter collectively the "Declarant"), expressed by their execution of this Declaration, that the lands within the Subdivision be developed and maintained as a highly desirable scenic residential area with a strong sense of security, neighborhood and community. It is the purpose of this Declaration to create rules and a decision making process to strengthen the community, to preserve the present natural beauty, character and views of the Subdivision to the greatest extent reasonably possible, and to always protect the Lots as much as possible with respect to uses, structures, landscaping and general development. This Declaration shall be a burden upon and run with all of the lands within the Subdivision. ARTICLE II. OWNERS — HOMEOWNERS ASSOCIATION 1. Membership. All persons or other entities (including without limitation the Declarant) who own or acquire the all or part of the fee simple title to any of the Lots by whatever means acquired shall be referred to herein as "Owners". Each person or entity who is the Owner of a respective Lot, or if more than one, all persons and entities collectively who are the Owners of a respective Lot shall be referred to herein as a "Member." Each Member shall automatically be considered to have, for each Lot such Member owns, one membership interest in West Rimledge Homeowners Association (hereinafter the "Association"), a Colorado non-profit corporation, in accordance with the Articles of Incorporation of the Association, which have been filed with the Colorado Secretary of State, as the same may be duly amended from time to time and also filed with the Colorado Secretary of State. Each Owner and Member shall be entitled to the privileges and obligations enumerated in this Declaration and in the Articles of Incorporation and the Bylaws of the Association, as the same now exist or as they may be amended from time to time. 2. Purpose. The Association shall be authorized and empowered to take each and every step necessary or convenient to the implementation and enforcement of this Declaration. The Association shall have the right and responsibility to maintain, preserve, repair, and otherwise Declaration of Protective Covenants West Rimledge Subdivision Page 1 of 17 protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, regulate and keep all roads and easements within the Subdivision and the access roads leading to the Subdivision in good, safe and usable condition to the extent that such may be reasonably necessary, feasible and desirable. The Association may own or co-own, operate, maintain, repair and replace the potable water system serving the Subdivision. The Association may enter into agreements with third parties for the maintenance, repair and upkeep of roads and accesses and the operation, maintenance, repair, and replacement of the potable water system. All costs and expenses incurred by the Association in connection with any of the foregoing shall be borne by the Members and shall be assessed, all as more fully provided herein. ARTICLE III. USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant or accessory thereto, shall be constructed on any Lot. The minimum size of a single- family dwelling shall be two thousand (2,000) square feet, exclusive of basements, open porches, decks, carports and garages. The maximum size of any single-family dwelling shall be twelve thousand (12,000) square feet, exclusive of basements, open porches, decks, carports and garages. 2. Accessory Dwelling Units. Accessory dwelling units shall be permitted on all Lots within the Subdivision in accordance with applicable provisions at the Garfield County zoning, subdivision and building regulations and shall be subject to the provisions thereof. The maximum size of an accessory dwelling unit shall be the smaller of three thousand five hundred (3,500) square feet or the size allowed at the time of construction by Garfield County in the applicable zone district, exclusive of basements, open porches, decks, carports and garages. The square footage of any such accessory dwelling unit shall not be included in the minimum or maximum amounts of square footage for dwelling units as provided in paragraph III.l above. 3. Duplexes/Multi-Family Structures. Duplexes and multi -family structures are prohibited in the Subdivision. An accessory dwelling unit whether or not attached to a residential structure, shall not cause the structures on a Lot to be considered a duplex or multi -family structure. 4. Outbuildings. Auxiliary buildings such as greenhouses, tool sheds, work areas, detached garages and the like shall be permitted within the Subdivision, provided that no individual auxiliary building shall exceed one thousand two hundred (1,200) square feet, and provided further that the total square footage of auxiliary buildings on any single Lot shall not exceed one thousand eight hundred (1,800) square feet. No such auxiliary building shall exceed eighteen (18) feet in height at the ridgeline. No auxiliary building shall contain living facilities or be used as a dwelling unit but auxiliary buildings may include bathrooms. Declaration of Protective Covenants West Rimledge Subdivision Page 2 of 17 1 ARTICLE IV. ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Committee shall be composed of three (3) natural persons. Prior to Declarant's sale of three (3) Lots, Declarant may from time to time appoint and remove the members of the Architectural Committee in Declarant's sole discretion, and the Board of Directors of the Association (the "Board of Directors") shall have no authority to remove any member so appointed. Upon the sale of the third (3rd) Lot, any new members of the Architectural Committee shall be appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all times be three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Members. The Architectural Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument. The Architectural Committee shall not be obligated to have regular meetings, but shall meet as necessary to conduct the business of the Committee. All members of the Committee shall be provided at least ten (10) days advance notice of all Committee meetings. 2. Approval by Architectural Committee. No improvements of any kind, including, but not limited to, dwelling units, greenhouses, garages, tool sheds, work areas, fences, walls, driveways, towers, antennae, satellite dishes, kennels, exterior lighting, corrals, flagpoles, curbs and walks shall be constructed, erected, altered or permitted to remain within the Subdivision, nor shall any excavating, tree cutting and clearing or landscaping be done within the Subdivision, unless the complete architectural and site development plans and specifications (and such other items as are included in the "Plans" defined below) for such construction, alteration or landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by this Declaration or required to do by any subdivision improvements agreement between the Declarant and Garfield County. In particular, but without limiting the generality and scope of the foregoing, no roof may be placed on any structure unless the finished exterior material and color of such roof is specifically approved by the Architectural Committee. Revegetation of all infills and cuts will be required. Plans addressing the revegetation of infills and cuts shall provide for adequate weed control, the use of native grasses, shrubs or trees, and the use of certified, weed -free seed. Such plans will be submitted to the Architectural Committee prior to any excavation, and the Architectural Committee's approval of such plans shall be required before such excavation begins. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a grading and drainage plan, a soils and foundation report and an individual sewage disposal system (ISDS) design both prepared and certified by a professional engineer, and a fire management plan consistent with the provisions hereof and Plat Note No. 10 of the Plat and approved by the Carbondale and Rural Fire Protection District, and a complete list of all finished exterior materials and colors to be used (collectively referred to herein as the "Plans"). All copies of the Plans shall be signed and dated for Declaration of Protective Covenants West Rimledge Subdivision Page 3 of 17 identification by the Owner or his architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify additional information, reports, plans, specifications and the like required to be submitted to the Architectural Committee and to be deemed part of the Plans for all purposes hereunder. In the event the Architectural Committee fails to take any action within sixty (60) days after three (3) copies of the Plans have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove any Plans . The majority vote of the full number of members of the Architectural Committee then in office shall be required for any approvals described herein, but unless such majority votes to approve, the vote of two members of the Architectural Committee to disapprove shall constitute disapproval. In the event the Architectural Committee shall disapprove any Plans, the person or entity submitting such Plans may appeal the matter to the next annual or special meeting of the Members of the Association where a vote of seventy-five percent (75%) of the Members' votes entitled to be cast at said Members' meetings shall be required to change the decision of the Architectural Committee. 3. Improvements — Site Location. All structures or improvements shall be co structed within the approved building envelopes depicted on the Final Plat. No structures or improvements, other than fences or walks, shall be constructed on forty percent (40%) or greater slopes. There shall be a minimum defensible space as specified herein of forty-five (45) feet on the East and West sides and sixty (60) feet on the North and South sides of each dwelling unit within the subdivision. 4. Building Permit. An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, that the Plans approved by the Building Department shall not differ in any substantial way from the Plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. 5. Variances. Unless specifically prohibited by a provision of this Declaration, the Architectural Committee may, by an affirmative vote of a majority of the full numbers of members of the Architectural Committee then in office, allow reasonable variances as to any of the covenants and restrictions governing architectural control contained in this Declaration and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provision of this Declaration which was required by an approval obtained by Declarant from Garfield County for the Subdivision or which violates the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Owners. Notice to such Owners shall be deemed effective when placed in the United States mail, first-class postage prepaid, certified with return receipt requested, and addressed to the last known address for each Owner as provided to the Association. Declaration of Protective Covenants West Rimledge Subdivision Page 4 of 17 6. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, alterations, excavating, tree -cutting and clearing and landscaping within the Subdivision harmonize (to the greatest extent possible) with the natural surroundings within the Subdivision and with other structures and improvements within the Subdivision as to design, materials, color, siting, height, grade, finished ground elevation of neighboring lots and other design features. a. Materials and Landscaping. The Architectural Committee shall evaluate, among other things, the materials and colors to be used on the outside of buildings or structures, and the harmony of landscaping and finished grade and floor elevation with the natural setting and the native trees and other vegetation within the Subdivision. It shall encourage "xeriscape" landscaping which emphasizes the use of indigenous foliage. b. Site Location. Subject to the provisions of paragraph IV.3 of this Declaration, the Architectural Committee shall exercise its judgment to preserve, the natural characteristics of each Lot including trees, vegetation, and the natural setting of each building site. The Architectural Committee shall evaluate the relationship of any proposed structure or improvement to topography, the viewsheds of and relationships to other existing or potential structures and improvements in the Subdivision. c. Fencing. Barbed wire and chain link fencing shall be prohibited. Only wooden fencing shall be permitted within the Subdivision, with limited exception pertaining specifically to gardens, kennels or other elements where a wooden fence would not serve the purpose desired such as to keep animals in an enclosed area or to keep wildlife out of an enclosed area and to areas in close proximity to the primary or secondary structure where a masonry fence or wall may be used in addition to wood to create privacy or to provide visual screening. The type and location of all fencing must be approved by the Architectural Committee. In consideration of allowing the free movement of wildlife through the Subdivision no fencing shall exceed forty-two (42) inches in height when located outside of the building envelope as shown on the Final Plat. Within said building envelope, fencing may exceed this height only as approved by the Architectural Committee for the purpose of providing privacy, screening, containing domestic animals or excluding wildlife. d. Lighting. The Architectural Committee shall consider exterior lighting plans and will require that all exterior lighting be directed downward and towards the applicant's property. It will also recommend that all Owners make every effort possible to limit the use of exterior lighting at night. It shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owners' respective Lot. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. 7. Requirements for Protecting Structures from Wildfire. Wildfire is a fact of nature, and nothing can guarantee that persons or property within the Subdivision will be free from injury or damage due to wildfire. The requirements of this paragraph IV.7 and paragraph IV.3 above are Declaration of Protective Covenants West Rimledge Subdivision Page 5 of 17 intended to reduce the risk of damage or injury from wildfire from information available as of the date hereof without representation or warranty of any kind. All structures shall be designed and constructed in a manner to minimize the possibility of ignition from wildfire. The following design criteria shall be required for construction in the Subdivision. ' a. Construction Specifications. 1) Roofs: Roof construction and materials shall meet a fire resistance 1 classification of "Class C" (as defined in the Uniform Building Code) . or its equivalent. 1 2) Vents: Undereave vents shall be located near the roof line rather than near the wall to prevent flames from entering the house through these openings. The vents shall be screened with corrosion resistant, noncombustible wire mesh with the mesh not to exceed, on a nominal basis, 1/4 inch in size. 1 3) Decks: Upper level decks or other similar overhangs on the south (downhill) side of dwelling units shall not be allowed within the Subdivision. 4) Glazed Openings: Dual pane or triple pane glazing or its equivalent is recommended on all glazed openings. 5) Chimneys and Flues: Chimneys and flues which serve solid fuel appliances shall be provided with an approved spark arrester. ' b. Defensible Space. Defensible space is defined as an area surrounding a structure where certain ' modifications have been made and restrictions imposed to reduce or eliminate the presence of flammable material. Minimum defensible space for the Subdivision is set forth in paragraph IV.3 herein. The Colorado State Forest Service recommends ' downslope fuel modification for a distance of one hundred feet or more for structures located at the top of steep slopes. The following fuel modification procedures shall be followed in the creation of a defensible space. tL3\Large native trees, shrub groups and clumps of small trees within the defensible space should be thinned to provide 10 feet of separation between the vegetation ( canopies. "� New plantings should be placed to maintain 10 feet of separation of the vegetation ,canopies at the mature growth of the plantings. Grasses within the defensible space should be mowed to 4 inches or less. 1 Declaration of Protective Covenants West Rimledge Subdivision Page 6 of 17 All trees taller than 18 feet should have lower branches pruned to a height of 6 feet. Shrubs and trees should be thinned along driveways to assure access by emergency vehicles. If not enclosed within a fire resistant structure, woodpiles should not be located within 30 feet from any structures, and flammable vegetation should be cleared for a distance of 10 feet around any woodpile. Construction materials, leaves and flammable debris should be removed from the defensible space. Leaves and debris should be removed from roofs at least once a year. Branches should be separated from chimneys by at least 10 feet. All liquid propane gas tanks should be buried. 8. Preliminary Approvals. Lot Owners who anticipate constructing or modifying structures or improvements on a Lot or excavating, tree -cutting and cleaning or landscaping on a Lot may submit preliminary sketches or plans thereof to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete Plans to allow the Architectural Committee to act intelligently in giving an informed preliminary approval or disapproval. The Architectural Committee shall never be committed or bound by any preliminary or informal approval or disapproval. The preliminary approval process is offered as an accommodation only, and the Architectural Committee may set fees for this service. 9. Architectural and Site Development Plans. The Architectural Committee shall disapprove any Plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by this Declaration. 10. Architectural Committee Not Liable. Neither the Architectural Committee nor any member thereof shall be liable for damages to any person or entity submitting any Plans for approval, or to any Owner or Owners of Lots, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such Plans. Neither the Architectural Committee nor any member thereof shall have any liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by this Declaration and any rules or regulations duly adopted by the Architectural Committee pursuant to this Declaration. 11. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set Declaration of Protective Covenants West Rimledge Subdivision Page 7 of 17 of the finally approved Plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this Declaration. 12. Authority to Promulgate Rules and Regulations. The Architectural Committee may promulgate and adopt rules and regulations necessary to implement this Declaration. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, alterations and the like. ARTICLE V. RESTRICTIONS AND PROTECTIVE COVENANTS 1. No Further Subdivision. No Lot shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat; provided, however, that conveyances or dedications of easements, if approved by the Architectural Committee, may be made for less than the full dimensions of a Lot. Notwithstanding the foregoing, a lot line adjustment between two (2) Lots shall be allowed, subject, however, to any reviews or approvals that may be required by the Garfield County Land Use Code and the prior approval of the Architectural Committee. 2 � Domestic Animals. Except as expressly limited herein, domestic animals such as dogs, cats, rabbits, caged birds and fish shall be permitted subject to any rules and regulations which may be promulgated by the Board of Directors. The open pasturing of horses shall not be allowed within the Subdivision; however, horses may be kept in a stable and small corral upon a Lot in the Subdivision. Other livestock such as cattle, llamas, goats, pigs, sheep, chicken and other poultry shall not be permitted within the Subdivision. The Owner of each Lot shall be entitled to keep a maximum of one (1) mature dog. A mature dog shall be considered to be any dog older than four (4) months old. The neutering of dogs is strongly encouraged. Dogs shall be kept under the control of the Owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the respective Owners' Lot or within the area of any access, roadway, drainage or open space easement within the Subdivision shown on the Final Plat unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, electrically kenneled or housed at all times. The Association shall have the right to assess and enforce penalties against Owners violating these restrictions applying to dogs as specified in rules and regulations promulgated by the Board of Directors. Should any dog be found chasing any or molesting deer or, elk or any domestic animals, or livestock of any Owners other than the Owner of the dog in question, the Association shall be authorized to prohibit the Owner from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other Owners' domestic animals or livestock. Declaration of Protective Covenants West Rimledge Subdivision Page 8 of 17 Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects and waste at all times. No commercial animal breeding activities of any kind shall be permitted within the Subdivision. Notwithstanding the foregoing, no animal(s) may be kept on or within a Lot (whether or not within a structure) which, in the good faith judgment of the Board of Directors, result(s) in any annoyance or are obnoxious to Owners or other residents in the vicinity of the Subdivision. 3 Underground Utility Lines. All water, sewer, gas, electrical, telephone, cable television and other utility pipes or lines within the limits of Subdivision, except for those in existence as of the date hereof and providing service to theexisting dwelling unit located on Lot 2 of the Subdivision, shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the respective Owners causing the installation of the utilities no later than the next growing season following installation. 4. Service Yards and Trash. Equipment, service yards or storage piles on any Lots may be permitted during construction if they receive Architectural Committee review approval. Otherwise, no lumber, metals, equipment or bulk materials shall be kept, stored or allowed to accumulate outside on any Lot. All scraps, refuse and trash shall be removed from all Lots, shall not be allowed to accumulate and shall not be burned thereon. 5. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of the Subdivision. 6. Domestic Water Wells. Domestic water service for the subdivision shall be provided by three individual water wells properly permitted under Well Permit Nos. 49664-F, 49665-F, and 49666-F. At all times the Owners of Lots within the Subdivision and the Association shall comply with all conditions of said Well Permits. o later t y 1 I . ' • • - • a e o recor• mg t is Declaration, the Declarant shall assign the aforesaid Well Permits and Basalt Water Conservancy District Allotment Contract No. 299 which provides augmentation water for such wells to the Association. From and after the date of such assignment, the Association shall be responsible for all charges due the Basalt Water Conservancy District under Allotment Contract No. 299 as provided in said Contract and Order Granting Allotment Contract No. 299. The Association is hereby granted the authority and obligation to accept such assignment of the Well Permits and Allotment Contract No. 299 and to enforce all terms and conditions contained in said Well Permits and said Allotment Contrac otwithstanding such assignment, the Owners of the Lot(s) receiving service 'from a p: • ular well shall be responsible for all costs associated with drilling, operating, maintaining, repairing, and replacing the well which provides service to that Owner's Lot, including reimbursement to the Association of fees paid by the Association to the Basalt Water Conservancy District. In the event that any Owner shall fail to reimburse the Association such fees, or shall Declaration of Protective Covenants West Rimledge Subdivision Page 9 of 17 otherwise fail to properly maintain and repair any well, the Association shall have the authority to pay such fee or to maintain or repair such defective well and assess the cost thereof against such Owner as a special assessment in accordance with the provisions of Article VIII of this Declaration. 7. Individual Sewage Disposal Systems. Sewage disposal for the Subdivision will be by Individual Sewage Disposal Systems (ISDS), typically a septic tank and leach field for each dwelling unit. Each ISDS shall be designed and constructed in accordance with Garfield County and State of Colorado regulations in effect at the time of constructio Each ISDS shall be designed and located to minimize tree removal and changes to the naturals_ontours of the an.. ' esponsi i i y or construction, operation and maintenance of each ISDS shall rest with the individual Lot Owner, and such system shall be maintained in accordance with applicable regulations of Garfield County and the State of Colorado. At a minimum, each septic tank shall be pumped at least every three (3) ear n the event that any Owner shall fail to properly maintain and repair the ISDS serving that Owner's lot, the Association shall have the authority to maintain or repair such defective ISDS and assess the cost thereof against such Owner as a special assessment in accordance with the provisions of Article VIII. of this Declaration. 8. Trees. No Owner shall remove any healthy, living trees without first having obtained the approval ofthe Architectural Committee. All construction, landscaping and development on any Lot shall seek to minimize the removal of trees and maximize the preservation of trees to the greatest extent possible consistent with requirements for a defensible space, and wildlife protection and the reasonable immediate plans of the Owners of the respective Lot to improve, develop or redevelop it. 9. Hunting. Hunting shall be prohibited within the Subdivision. With the approval of the Association, a Lot Owner may, consistent with the requirements of law, destroy or remove wildlife which constitutes a nuisance. 410. Prohibition Against Lawn Chemicals. The application of chemicals to lawn grasses within the Subdivision to control weeds, pests or for any other purpose, is strictly prohibited. ARTICLE VI. RESTRICTIONS ON LOTS 1. Number and Location of Buildings. No buildings or improvements of any kind shall be placed, erected, altered or permitted to remain on any Lots except as approved by the Architectural Committee. 2. Completion of Construction. Any construction activity on any Lot shall be completed, fully cleaned up and landscaped within eighteen (18) months from the issuance of a building permit, unless the Owner of the Lot shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Board of Directors may assess penalties in any amount it deems appropriate. Declaration of Protective Covenants West Rimledge Subdivision Page 10 of 17 3. Used or Temporary Structures. Except within an enclosed garage, no used or previously erected or temporary house, structure, mobile home, manufactured home, or trailer shall not be interpreted as a general prohibition of modular construction. Furthermore, the foregoing prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction or until the issuance of a Certificate of Occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office and storage purposes and shall not be occupied as a residence for any period of time. 4. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including, but not limited to, those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, camper, recreational vehicle, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or garden equipment and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any propane or other fuel storage tanks shall be buried. Any storage piles, refuse or trash containers, utility meters or other facilities, shall be enclosed within a structure or appropriately screened from view by plantings or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets and private roads. 5. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be carried on upon any portion of the Subdivision at any time, nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereby by sight or sound, provided that the Board of Directors may authorize the use of sound and sound devices to control or mange wildlife, livestock or domestic animals. 6. Air Quality Restrictions: In order to protect against the degradation which occurs to air quality as a result of the utilization of wood -burning devices, the following restrictions apply: a. No open hearth solid fuel fireplaces will be allowed anywhere within the Subdivision, except as the same may exist as of the date hereof within the existing residence on Lot 2. b. All dwelling units within the Subdivision will be allowed an unrestricted number of natural gas burning fireplaces or appliances. c. All dwelling units within the Subdivision will be allowed one (1) new wood - burning stove as defined by Colorado Revised Statutes 25-7-401 et seq., and the regulations promulgated thereunder. 7. Firearms. The discharge or shooting of firearms is prohibited in the Subdivision except as may be permitted by rules and regulations adopted by the Board of Directors. 8. Commercial Activities. Neither the conduct of any commercial activities nor the storage ofmaterials, goods, equipment and other items used or associated with commercial activities Declaration of Protective Covenants West Rimledge Subdivision Page 11 of 17 shall not be permitted on any Lot; provided, however, that personal vehicles with a business name placed thereon shall not be prohibited and Owners shall be permitted to maintain an office on their respective Lots so long as services are not provided which result in the public coming to such Lot on a regular basis. 9. General Restriction. All Lots shall comply with restrictions contained in any other section of this Declaration. The Board of Directors may adopt, promulgate and enforce rules, regulations necessary or advisable to implement or interpret the provisions of this Declaration. ARTICLE VII. ACCESS TO SUBDIVISION 1. Primary Access. Primary access to the Subdivision from Garfield County Road 100 is along a private road, known as Rimledge Road. The costs of maintaining Rimledge Road are shared by all users of the road pursuant to a Road Maintenance Agreement recorded in the records of Garfield County at Book , Page (hereinafter Road Maintenance Agreement). The Owners of all lots within the Subdivision shall become and are hereby declared to be parties to the Road Maintenance Agreement. Each Owner of a lot within the Subdivision hereby agrees to pay his or her pro rata share of the costs of maintenance and upkeep of Rimledge Road as stated in the Road Maintenance Agreement. In the event that any Owner shall fail to pay his or her share of the cost of road maintenance for Rimledge Road as levied in accordance with the Road Maintenance Agreement, the Association shall have the authority to pay such cost on behalf of such defaulting Owner and assess such cost as a special assessment to such Owner in accordance with the provisions of Article VIII. of this Declaration. 2. Emergency Emergency Access. In accordance with conditions of approval for the Subdivision imposed by Garfield County Declarant has obtained a perpetual easement for emergency ingress to and egress from the Subdivision across Lot 1 of the Subdivision and then over and across an existing emergency access road through Lot 5 of Wooden Deer Subdivision which is contiguous to said Lot 1 to the West. Declarant shall construct an approximately twelve foot wide roadway consisting of approximately six inches depth of three inch roadbase material upon this easement. The purpose of said roadway is expressly limited to, and said roadway may only be utilized as ingress to or egress from the Subdivision in an emergency fire or medical situation when the primary access is impassable. This emergency ingress/egress road shall require periodic maintenance, including some snowplowing, if it is to remain passable and provide the intended emergency access. The Association shall be responsible to maintain and repair such emergency access road, and the costs associated therewith shall be a common expense assessed against the Owners of all lots within the Subdivision as provided in Article VIII. of this Declaration. It is also intended and agreed that owners of Lots within Wooden Deer Subdivision have the right to utilize this emergency access easement in the event of the need for emergency ingress/egress to and from Wooden Deer Subdivision. Declaration of Protective Covenants West Rimledge Subdivision Page 12 of 17 ARTICLE VIII. - COLLECTION OF ASSESSMENTS — ENFORCEMENT 1. Assessments. All Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses and costs ofmaintaining, repairing and plowing of roads within and accessing the Subdivision, including the emergency access road described in paragraph VII.(2) hereof; expenses of the Architectural Committee; and insurance, accounting and legal functions of the Association. The Board of Directors may establish contingency and reserve funds necessary to satisfy the maintenance of the Association's obligations and to fund any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his prorata portion of these funds. As used herein, an Owner's prorata portion of common expenses shall mean a fraction formed by the number of Lots purchased and held by the Owner (numerator) and the number of Lots in the Subdivision (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with this Declaration, the Articles or the Bylaws of the Association, as may be necessary or advisable. Such special assessment shall be paid for by the Owner(s) obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. 2. Lien for Nonpayment of Assessments. All sums assessed by the Board ofDirectors, any fines which may be levied on an Owner, and unpaid utility fees and assessments charged to an Owner, shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: a. tax and special assessment liens on the Lots in favor of any governmental assessing unit; and b. all sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. Each Owner hereby agrees that the Association's lien on a Lot for assessments as herein above described shall be superior to the homestead exemption provided by Colorado Revised Statutes §38-410-201, et seq., and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. Declaration of Protective Covenants West Rimledge Subdivision Page 13 of 17 If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board ofDirectors. In addition, the Board ofDirectors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the of the Lot and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the Lot at foreclosure sale and acquire and hold, lease, mortgage and convey the same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. 3. Enforcement Action. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of this Declaration by injunctive relief, on behalf of itself and all or part of the Owners. In addition, each Owner and the Association shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of this Declaration. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Directors but not to exceed one and one-half percent (1 %2%) per month. After thirty (30) days' written notice to any Owner of a violation of this Declaration and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of up to One Hundred Dollars ($100.00) per day for every day the violation exists or continues after the expiration of said thirty (30) day period. 4. Limitations on .Actions. In the event any construction, alteration or landscaping work is commenced upon any of the Lots in violation of this Declaration and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one (1) year limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. Declaration of Protective Covenants West Rimledge Subdivision Page 14 of 17 ARTICLE IX. EASEMENTS AND OPEN SPACE 1. Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. The Association shall have no obligation to pay any amount for the use and enjoyment of such easements. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 2. Easements for Access and Repairs. The Association shall be entitled to an. easement across any of the Lots within the Subdivision for the purposes of accessing any of the Association's property, protecting any Association property, making necessary repairs and investigating and responding to emergency circumstances. The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of this Declaration. ARTICLE X. INSURANCE 1. Types of Insurance. The Association may obtain and keep in full force and effect the following insurance coverage: a. Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. b. Coverage for members of the Board of Directors and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. c. General liability and property insurance. d. Coverage against such other risks of a similar or dissimilar nature as the Board of Directors deems appropriate. ARTICLE XI. GENERAL PROVISIONS 1. Declaration to Run. All of the covenants, conditions and restrictions contained in this Declaration shall be a burden on the title to all of the lands in the Subdivision, the benefits thereof shall inure to the Owners, and the benefits and burdens of all said covenants, conditions and restrictions shall run with the title to all of the lands in the Subdivision. Declaration of Protective Covenants West Rimledge Subdivision Page 15 of 17 2. Termination of Declaration. In the event this Declaration has not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, this Declaration may be terminated on January 1, 2025, by a vote of seventy-five percent (75%) of the votes entitled to be cast by the Members of the Association at a meeting of the Members duly held. If this Declaration is not so terminated, then it shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, this Declaration is terminated by a vote of seventy-five (75%) of the votes entitled to be cast by the Members of the Association at a meeting of the Members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. 3. Amendment of Declaration. This Declaration may be amended by a vote of seventy-five percent (75%) of the votes entitled to be cast by the Members of the Association, said vote to be cast at a meeting of the Members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. 4. Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Declaration. 5. Paragraph Headings. The paragraph headings within this Declaration are for convenience only and shall not be construed to be a specific part of the terms hereof. 6. Limited Liability. The Association and the Board of Directors shall not be liable to any part for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board of Directors against loss resulting from such action or failure to act if the Association and the Board of Directors acted or failed to act in good faith and without malice. Declaration of Protective Covenants West Rimledge Subdivision Page 16 of 17 • IN WITNESS WHEREOF, this Declaration of Protective Covenants for West Rimledge Subdivision has been executed as of the day and year first above written. MICHAEL N. HAMMES LENORE L. HAMMES STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged and sworn to before me this day of , 1999, by MICHAEL N. HAMMES and LENORE L. HAMMES. Witness my hand and official seal. Notary Public Address: My commission expires: c:\wp-doc\Ig\hammes\ ...155.99 Declaration of Protective Covenants West Rimledge Subdivision Page 17 of 17 ARTICLES OF INCORPORATION OF WEST RIMLEDGE HOMEOWNERS ASSOCIATION (a Colorado Not for Profit Corporation) ARTICLE I. NAME The name of this Corporation shall be WEST RIMLEDGE HOMEOWNERS ASSOCIATION (hereafter the "Association"). ARTICLE II. DURATION The term of existence of the Association is perpetual. ARTICLE III. PURPOSES The business, objects and purposes for which the Association is formed are as follows: 1. To be and constitute the Homeowners Association to which reference is made in the Declaration of Protective Covenants for West Rimledge Subdivision ("Subdivision") and any supplement or amendment thereto (hereafter the "Declaration") recorded in the records of the Clerk and Recorder of the County of Garfield, Colorado, and to perform all obligations and duties of the Association and to exercise all rights and powers of the Association. 2. To provide for maintenance and preservation of the Subdivision. 3. To promote, foster and advance the health, safety and welfare of residents within the Subdivision. 4. To enforce covenants, restrictions, conditions and equitable servitudes affecting the Subdivision. 5. To make and enforce rules and regulations with respect to the use of lots within the Subdivision, as provided in the Declaration. 6. To establish and maintain the Subdivision as property of high quality and value and to enhance and protect its value, desirability and attractiveness. Articles of Incorporation of West Rimledge Homeowners Association Page 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ARTICLE IV. POWERS The Association shall have all of the powers which a nonprofit corporation may exercise under the Act and the laws of the State of Colorado in effect from time to time. ARTICLE V. MEMBERSHIP 1. The Association shall be a membership Association without certificates or shares of stock. Every owner of a subdivision lot, including the Developer, shall be a member. 2. Each lot within the Subdivision shall have one (1) vote. When more than one (1) person holds a membership, they may appoint one (1) of their co -members as proxy to cast the vote for that membership. Such vote shall be cast as the owners thereof agree, but in no event shall more than one (1) vote per question be cast with respect to any one (1) lot. If the co -members cannot agree as to the manner in which their vote should be cast when called upon to vote, then they will be treated as having abstained. 3. A membership in the Association and the share of a member in the assets of the Association shall not be assigned, encumbered or transferred in any manner except as appurtenant to the transfer of title to the lot to which the membership pertains; provided, however, the rights of membership may be assigned to the holder of a mortgage, deed of trust or other security instrument on a lot as further security for the loan secured by a lien on such lot. 4. A transfer of membership shall occur automatically upon the transfer of title to the lot to which the membership pertains; provided, however, the Bylaws of the Association may contain reasonably provisions and requirements with respect to recording such transfers on the books and records of the Association. 5. The Association may suspend the voting rights of a member for failure to comply with the rules and regulations of the Association or with any other obligations of the owners of any lot under the Declaration. 6. The Bylaws may contain provisions setting forth the rights, privileges, duties and responsibilities of the members. Articles of Incorporation of West Rimledge Homeowners Association Page 2 ARTICLE VI. BOARD OF DIRECTORS 1. The business and affairs of the Association shall be conducted, managed and controlled by a Board of Directors. The duties, qualifications, number and term of Directors, and the manner of their election, appointment and removal shall be as set forth in the Bylaws. 2. The number of the first Board of Directors shall be one. The name and address of the member of the first Board of Directors who shall serve until the first election of Directors and until his successor is duly elected and qualified is as follows: Michael N. Hammes 5363 County Road 100 Carbondale, CO 81623 ARTICLE VII. OFFICERS The Board of Directors shall elect from among them a president and secretary, and may also elect, but not necessarily from among them, one (1) or more vice-presidents, a treasurer and such other offices as the Board believes will be in the best interest of the Association. The officers shall have such duties and serve for such terms of office as shall be prescribed in the Bylaws of the Association. ARTICLE VIII. CONVEYANCES AND ENCUMBRANCES Association property may be conveyed or encumbered by authority of the Board of Directors or by such person or persons to whom such authority may be delegated by resolution of the Board. Conveyances or encumbrances shall be by an instrument executed by the president or a vice- president and by the secretary or an assistant secretary, or executed by such other person or persons who whom such authority may be delegated by the Board. ARTICLE IX. DISSOLUTION Upon the dissolution of the Association, the Association shall, after paying or making provision for the payment of all of the liabilities of the Association, dispose of all of the assets of the Association exclusively for the purposes of the Association in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious or scientific purposes, as shall at the time qualify as an exempt organization or Articles of Incorporation of West Rimledge Homeowners Association Page 3 organizations under Section 501(c)(3) of the Internal Revenue Code (or the corresponding provision of any future United States Internal Revenue law), as the Association shall determine. Any of such assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in which the principal office of the Association is then located exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes. ARTICLE X. INITIAL REGISTERED OFFICE AND AGENT The initial registered office of the Association shall be located at 818 Colorado Avenue, Glenwood Springs, Colorado 81601. The initial registered agent at such office shall be Lawrence R. Green. ARTICLE XI. AMENDMENTS Amendments to these Articles of Incorporation shall be adopted, if at all, in the manner set forth in the Bylaws; provided, however, xio amendment to these Articles of Incorporation shall be contrary to or inconsistent with the provisions of the Declaration. ARTICLE XII. GENERAL The Association is one which does not contemplate pecuniary gain or profit to the members thereof and is organized for nonprofit purposes. Articles of Incorporation of West Rimledge Homeowners Association Page 4 ARTICLE XIII. INCORPORATOR The incorporator of the Association and his address is as follows: Lawrence R. Green 818 Colorado Avenue P.O. Drawer 790 Glenwood Springs, CO 81602 IN WITNESS WHEREOF, the above named incorporator has hereunto set his hand and seal this day of , 1999. STATE OF COLORADO ) ss. COUNTY OF GARFIELD Lawrence R. Green I, , a Notary Public in and for the State of Colorado, hereby certify that on theday of , 1999, personally appeared before me Lawrence R. Green, known to me, who being first duly sworn, declared that he is the person who signed the foregoing document as incorporator as his free act and deed on the date and year set forth therein and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 1999. NOTARY PUBLIC c:\wp-docs\LG\.H mmes\ ...155.99 Articles of Incorporation of West Rimledge Homeowners Association Page 5 BYLAWS OF WEST RIMLEDGE HOMEOWNERS' ASSOCIATION ARTICLE 1. OFFICES The initial principal office ofthe Association shall be at 5363 County Road 100, Carbondale, CO 81632. The Association may also have one (1) or more office at such other place or places within or without the State of Colorado as the Board of Directors may from time to time determine or the business of the Association may require. ARTICLE II. MEMBERS' MEETINGS A. Meetings ofmembers shall be held at the principal office ofthe Association or at such other place or places, within or without the State of Colorado, as may be from time to time determined by the Board of Directors. The place at which such meetings shall be held shall be stated in the notice of the meetings. B. The annual meetings of members for the election of directors to succeed those whose terms expire and for the transaction of such other business as may come before the meeting shall be held in each year on the second Friday of each December. If the day so fixed for such annual meeting shall be a legal holiday, then such meeting shall be held on the next succeeding business day. C. Special meetings of members for any purpose or purposes may be called at any time by the Board of Directors and shall be called by the chairman of the Board of Directors or the secretary upon the request of the holders of not less than one-half (1/2) of the total members' vote in the Association entitled to vote at the meeting. The purposes of such special meeting shall be stated in the notice therefor. D. Notice of each meeting of members, whether annual or special, shall be given, not less than ten (10) days nor more than fifty (50) days prior thereto, to each member of record entitled to vote thereat by mailing regular, United States Mail, postage prepaid, addressed to each member as the member's name appears upon the books of the Association. The notice of all meetings shall state the place, day and hour thereof. Bylaws West Rimledge Homeowners' Association Page 1 of 5 E. At least ten (10) days before every meeting of members a complete list of members entitled to vote thereat, arranged in alphabetical order, showing the address of each member and the number of votes to which each is entitled, shall be prepared by the secretary of the Association and shall be open to the inspection of any member during usual business hours for a period of at least ten (10) days prior to such meeting at the principal office of the Association. Such list shall be produced and kept at the time and place of the meeting during the whole time thereof and shall be subject to the inspection of any member who is present. F. Members of this Association shall have the right to vote the election of the directors of the Association and upon all other matters properly brought to a vote of the members by virtue of the Articles of InAssociation, the Bylaws of the Association or the laws of Colorado. G. Each member shall have one (1) vote for each lot owned. If fee simple title is held by more than one (1) person or entity, the owners shall determine how the one (1) vote attributable to that lot shall be cast. H. The cumulative system of voting shall not be used for any purpose. Each member shall be entitled to vote in person or by proxy executed in writing by such member or by his duly authorized attorney in fact; provided, however, that no such proxy shall be valid after eleven (11) months from the date of its execution, unless the proxy provides for a longer period. When a quorum is present at any meeting, the vote of a majority of the members' votes present in person or represented by proxy shall decide any question brought before such meeting, unless the question is one upon which, by the express provisions of the laws of Colorado, the Articles of InAssociation, or the Protective Covenants for the subdivision, a different vote is required, in which case the express provisions shall govern and control the decision of such question. I. The Board of Directors shall close the membership transfer books of the Association for a period of not less than ten.(10) days nor more than fifty (50) days preceding the date of any meeting of members. J. The holders of a majority of the total members' votes entitled to vote thereat, present in person or represented by proxy, shall be requisite to and shall constitute a quorum at all meetings of members for the transaction of business, except as otherwise expressly provided by law or by the Articles of InAssociation. If such quorum shall not be present or represented at any such meeting, the holders of a majority of the votes present in person or represented by proxy and entitled to vote thereat shall have power to adjourn the meeting from time to time until a quorum shall be present or represented. K. The chairman of the Board of Directors shall call meetings of members to order and act as chairman of such meetings. In the absence of said officer, any member entitled to vote thereat, or any proxy of any such member, may call the meeting to order and a chairman shall be elected. The secretary of the Association shall act as secretary of such meetings. Bylaws West Rimledge Homeowners' Association Page 2 of 5 ARTICLE 111. DIRECTORS A. The number of the directors of the Board of Directors shall be three (3); provided, however, that until the Declarant sells a Lot within the West Rimledge Subdivision there need be only one (1) director, and then, upon the sale of each Lot within the Subdivision, one director shall be added for each Lot sold until there are three (3) directors. B. After each annual election of directors, the Board of Directors shall meet for the purpose of organization, the election of officers and the transaction of any other business. C. Regular meetings of the Board of Directors may be held without notice at such time and place as shall from time to time be determined by the Board. D. Special meetings of the Board of Directors may be called by the chairman of the Board of Directors on five (5) days' notice to each director, either personally, by mail or by telegram, and shall be called by the chairman of the Board of Directors or secretary in like manner and on like notice on the written request of any two (2) directors. E. Meetings, including organizational meetings, of the Board of Directors may be held at such place or places either within or without the State of Colorado as shall from time to time be determined by the Board, or as shall be fixed by the Chairman of the Board of Directors and designated in the notice of the meeting. F. Actions taken by the Board ofDirectors without a meeting and attendance at meetings by telephone or similar communication equipment shall be authorized as provided in C.R.S. 7-5-108. G. A majority of the number of directors shall constitute a quorum at all meetings of the Board of Directors, and the act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. In the absence of a quorum at any meeting, a majority of the directors present may adjourn the meeting to a later day and hour without further notice. H. Directors shall be paid no compensation by the Association for their services. All directors may be allowed expenses incurred for attendance at each regular or special meeting of the Board as may be from time to time fixed by resolution of the Board. Nothing herein contained shall be construed to preclude any director from serving the Association in any other capacity and receiving compensation therefor. Bylaws West Rimledge Homeowners' Association Page 3 of 5 ARTICLE IV. OFFICERS A. The Board of Directors annually shall elect a president of the Board of Directors and a secretary. The Board may also elect or appoint such other officers as may be determined by the Board. Every officer so elected or appointed shall continue in office until his successor shall be elected or appointed and shall qualify, unless sooner removed. Any individual may hold two (2) or more offices simultaneously. Any officer elected or appointed by the Board of Directors may be removed at any time by an affirmative vote of a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. B. The president of the Board of Directors shall be the chief executive officer of the Association. He shall preside at all meetings of the members and directors, shall have general and active management of the operation of the Association, and shall see that all orders and resolutions of the Board of Directors are carried into effect. C. The secretary shall give, or cause to be given, notice of all meetings of the members and directors and shall attend all such meetings and keep a record of their proceedings. The secretary shall be the custodian of the seal of the Association and shall have power to affix the same to all documents, the execution of which on behalf of the Association is authorized by these Bylaws, by the Articles of InAssociation, or by the Board of Directors. The secretary shall have charge of membership records of the Association and shall in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to the secretary by the Board of Directors or the chairman of the Board of Directors. ARTICLE V. ASSESSMENTS A. Assessments may be levied by the Association as provided in the Declaration of Protective Covenants for West Rimledge Subdivision. B. Assessments shall be levied pro rata on each lot and unit in the subdivision. The total sum to be levied on all members shall be divided by the total lots and units owned in fee by all members. The resulting amount shall be levied upon each lot and unit. All assessments shall be payable within thirty (30) days of date of posting of notice thereof to each lot and unit owner. C. Every assessment duly levied against any member by the Association shall become a lien on the lands and improvements to lands owned by such member in the subdivision and shall be entitled to foreclose the lien the same as if it were a mortgage. Foreclosure shall be as provided for foreclosure of a mortgage pursuant to Colorado statutes. The Association shall also be entitled to maintain an action in the District Court in and for the County of Garfield and State of Colorado for the purpose of recovering any unpaid assessments made against any member. Upon the request Bylaws West Rimledge Homeowners' Association Page 4 of 5 of any member, the Board of Directors shall execute and deliver an agreement subordinating the lien provided for in this paragraph to the lien of any first mortgage or deed of trust on the real property and improvements owned by the member in the subdivision. The Board of Directors may, in its discretion, also subordinate the lien provided for in this paragraph to any second or subsequent mortgage or deed of trust. ARTICLE VI. INDEMNIFICATION The Association shall indemnify any and all of its directors or officers, or former directors or officers, against expenses actually incurred by them in connection with the defense of any action, suit or proceeding in which they or any of them are made parties or party by reason of being or having been directors or officers or a director or officer of the Association, except in relation to matters as to which any such director or officer, or former director or officer, shall be adjudged in such action, suit or proceeding to be liable for gross negligence or misconduct in the performance of duty. Such indemnification shall not be deemed exclusive of any other rights to which those indemnified may be entitled under any bylaw, agreement, vote of members or otherwise. ARTICLE VII. AMENDMENTS This Association reserves the right to amend, alter, change or repeal any provisions contained in, or to add any provisions to, its Articles of InAssociation or its Bylaws from time to time by resolution adopted at any regular or special meeting by three-fourths (3/4ths) of the votes of all of the members entitled to be cast thereat, whether present in person or represented by proxy or absent. ADOPTED by the Board of Directors of the West Rimledge Homeowners' Association this day of , 1999. c:\wp-docs\LG\Hammes\ 155.99 President Bylaws West Rimledge Homeowners' Association Page 5 of 5 1 1 1 1 1 1 1 1 1 1 APPENDIX C 1 1 1 1 1 1 1 1 1 AGREEMENT FOR EMERGENCY ACCESS EASEMENT This Agreement for Emergency Access Easement, made this day of May, 1999, by and between MICHAEL N. HAMMES AND LENORE L. HAMMES (collectively "Hammes") and WOODEN DEER HOMEOWNERS ASSOCIATION ("Wooden Deer"). RECITALS A. Hammes is the owner of that certain real property located in Garfield County, Colorado, described on Exhibit A which is attached hereto and incorporated herein by this reference. Hammes desires to develop the property described on Exhibit A into a four (4) lot subdivision to be known as West Rimledge Subdivision (formerly known as the Hammes Subdivision, but hereinafter referred to as West Rimledge Subdivision). B. Hammes received preliminary plan approval for the West Rimledge Subdivision by Resolution of the Board of County Commissioners of Garfield County adopted June 8, 1998 and recorded in the records of Garfield County on June 9, 1998 as Reception No. 526516. As a condition of the West Rimledge Subdivision, Hammes is to make provision for an ingress/egress easement from the Subdivision for fire and medical emergencies only. C. Wooden Deer is the Homeowners Association that has been created and exists under the laws of the State of Colorado comprised of the owners of all lots within Wooden Deer Subdivision, Garfield County, Colorado, according to the Final Plat thereof recorded in the records of Garfield County on December 7, 1992 as Reception No. 441908. D. Wooden Deer is the owner of a utility and Emergency Fire Access/Egress Easement upon Lot 5 of Wooden Deer Subdivision, as depicted on the Final Plat of Wooden Deer Subdivision. Lot 5 of Wooden Deer Subdivision is contiguous to Lot 1 of the West Rimledge Subdivision. E. The parties hereto wish to set forth the terms and conditions upon which Wooden Deer will grant Hammes, their heirs, successors and assigns, an Easement for emergency access purposes from West Rimledge Subdivision to Wooden Deer Subdivision and hence to the publicly dedicated roads within Wooden Deer Subdivision. NOW, THEREFORE, in consideration of the keeping and performance of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Grant of Easement. Wooden Deer shall quitclaim to Hammes, their heirs, successors and assigns, a perpetual, non-exclusive easement thirty (30) feet in width for emergency fire access/egress and underground telephone line purposes for the benefit of the property described on Exhibit A over and upon the premises described on Exhibit B attached hereto and incorporated herein by this reference. The form of Deed of Easement to be granted by Wooden Deer is attached hereto as Exhibit C and incorporated herein by this reference. Wooden Deer shall execute and Agreement Michael N. and Lenore L. Hammes/Wooden Deer Homeowners Association Page 1 of 4 deliver the Deed of Easement set forth in Exhibit C to Hammes upon request at any time within one (1) year of the date of this Agreement, and such Deed of Easement shall be recorded in the records of Garfield County simultaneously with the recording of the Final Plat for West Rimledge Subdivision. 2. Payment and Terms. In payment for the foregoing grant of Easement Hammes shall pay Wooden Deer the sums as set out in this paragraph. Hammes shall pay to Wooden Deer the sum of $20,000.00 in three (3) installments of $6,666.66 each. One installment will be due upon the initial sale by Hammes of each of Lots 1, 3, and 4, of West Rimledge Subdivision; provided, however, any unpaid balance of said $20,000.00 shall be due and owing on the date which is two (2) years from the date of recording of the Final Plat of West Rimledge Subdivision. The said sum of $20,000.00 shall not accrue interest except in the event that Hammes shall default in the timely payment of any installment hereunder, in which event, any remaining balance, together with interest thereon at the rate of twelve percent (12%) per annum, shall become immediately due and owing. Hammes shall execute and deliver a promissory note consistent with the provisions hereof to Wooden Deer upon the delivery of the Deed of Easement provided for in paragraph 1 above. In addition to the foregoing Hammes shall pay Wooden Deer the sum of $3,076.92 at the time of recording the final plat of West Rimledge Subdivision. 3. Construction and Use of Emergency Access Road. The Final Plat for West Rimledge Subdivision shall depict and dedicate an emergency access easement across Lot 1 of West Rimledge Subdivision which will connect to the emergency access easement to be granted by Wooden Deer pursuant to this -Agreement. Within such easement on Lot 1, and within the easement to be granted by Wooden Deer hereunder, Hammes shall, in connection with other subdivision improvements for West Rimledge Subdivision, construct an emergency access roadway which shall be approximately twelve (12) feet in width and consist of a minimum of six (6) inches in depth of three (3) inch road base material. Hammes will provide Garfield County with adequate security to assure completion of the emergency access road as described in this paragraph. The emergency access road may be utilized by property owners within West Rimledge Subdivision seeking ingress or egress to West Rimledge Subdivision in a fire or medical emergency situation; by property owners within Wooden Deer Subdivision seeking ingress or egress to Wooden Deer Subdivision in a fire or medical emergency situation; and by emergency service personnel and their equipment seeking ingress or egress to either West Rimledge Subdivision or Wooden Deer Subdivision in an emergency fire or medical situation. Hammes shall construct a breakaway gate upon the emergency access roadway at approximately the property line between the West Rimledge Subdivision and the Wooden Deer Subdivision. Each party shall be required to maintain and repair that portion of the emergency access easement that is located within their respective subdivision. In the event that the breakaway gate is ever broken down due to the emergency use of the easement, then the parties hereto shall each pay one-half of the cost or reconstructing such breakaway gate. 4. Contingency for Final Plat Approval. The parties' respective rights and obligations under this Agreement are expressly contingent upon Hammes receiving approval from the Board of County Commissioners of Garfield County for the Final Plat of West Rimledge Subdivision no later than one (1) year from the date hereof. Agreement Michael N. and Lenore L. Hammes/Wooden Deer Homeowners Association Page 2 of 4 5. In addition to all other payments to be made hereunder, Hammes shall pay when due Wooden Deer's reasonable attorney fees incurred in the review and negotiation of this Agreement, provided that such fees shall not exceed $500.00. 6. Miscellaneous. a. Notices. All notices under this Agreement shall be in writing and shall be effective when mailed by overnight delivery service or by facsimile transmission as follows: Notices to Hammes: Michael and Lenore Hammes 5363 County Road 100 Carbondale, CO 81623 Fax: (970) 963-2028 With Copy to: Lawrence R. Green, Esq. Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81602 Fax: (970) 945-9769 Notices to Wooden Deer: Wooden Deer Homeowners Association With Copy to: Loyal E. Leavenworth, Esq. Leavenworth & Tester, P.C. 1011 Grand Avenue Glenwood Springs, CO 81601 Fax: (970) 945-7336 Any party may change its address for the purpose of giving notice under this Agreement by giving written notice of such change of address to the other party as provided in this paragraph. b. Compliance with Laws. Hammes agrees to comply with all laws, rules, regulations of any governmental or regulatory body having jurisdiction over the construction, maintenance, or use of the emergency access easement. c. Representatives. This Agreement shall be binding upon the parties hereto and their respective heirs, successors and assigns. d. Governing Law. This Agreement shall be governed by, interpreted under, construed and enforced in accordance with the laws of the State of Colorado. e. Entire Agreement; Modification. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes Agreement Michael N. and Lenore L. Hammes/Wooden Deer Homeowners Association Page 3 of 4 any prior understandings and agreements between them with respect thereto. This Agreement may only be amended by a written agreement executed by all parties hereto. f. Recovery of Attorney Fees. In the event suit is brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorney fees as determined by the court. g. Titles and Captions. The headings used in this Agreement are for purposes of convenience only and shall not be used in interpreting this Agreement. h. Signatures and Counterparts. This Agreement may be executed in one or more counterparts, all of which shall constitute a single agreement and each of which shall be an original for all purposes. It is agreed and understood that the signatures of the parties and a copy hereof transmitted by facsimile shall be sufficient as if an original signature. i. Severability. If any term or provision of this Agreement is held to be invalid, unenforceable or illegal for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Michael N. Hammes Lenore L. Hammes THE WOODEN DEER HOMEOWNERS ASSOCIATION By: c. \wp-docs\LG\Hammes\ ...140.99 Agreement Michael N. and Lenore L. Hammes/Wooden Deer Homeowners Association Page 4 of 4 EXHIBIT A Hammes Property Legal Description A PARCEL OF LAND SITUATED IN THE SW1/4SE1/4 AND THE S1/2SW1/4 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 24, A ALUMINUM CAP L.S. #11204 IN PLACE, THE POINT OF BEGINNING; THENCE N 89° 32' 29" W ALONG THE SOUTHERLY LINE OF SAID SECTION 24 A DISTANCE OF 1313.79 FEET TO A POINT ON THE EASTERLY BOUNDARY OF WOODEN DEER SUBDIVISION, A GARFIELD COUNTY SURVEYOR BRASS CAP MARKED "W 1/16 SEC 24 / 25", IN PLACE; THENCE N 01° 06' 46" W ALONG THE EASTERLY BOUNDARY OF SAID SUBDIVISION A DISTANCE OF 991.59 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE LEAVING SAID EASTERLY BOUNDARY S 89° 38' 01" E A DISTANCE OF 1344.98 FEET TO A REBAR AND CAP L.S. #5447 IN PLACE; THENCE S 89°02'13" E A DISTANCE OF 697.38 FEET TO A REBAR AND CAP L.S. #5447 IN PLACE; THENCE S 01°59'43" W A DISTANCE OF 998.68 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 24, A REBAR AND CAP L.S. #5447 IN PLACE; THENCE N 88°35'55" W ALONG THE SOUTHERLY LINE OF SAID SECTION 24 A DISTANCE OF 674.08 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 45.961 ACRES, MORE OR LESS. COUNTY OF GARFIELD STATE OF COLORADO r - • EXHIBIT B EASEMENT DESCRIPTION . A 30.00 FOC)T WIDE STRIP OF T.ANI) SITUATED IN THE SWI/4SW1/4 OF SECTION 24, TOWNSIIIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, CROSSING LOTS 4 ANI) 5 OF THE WOODEN DEER SUBDIVISION AS RECORDED IN RECEPTION NO. 441908 OF THE GARFIF.I.D COUNTY CLERK AND RECORDER'S OFFICE; SAID EASEMENT LYING 15.00 FEET TO EACII SIDE OF TIIU FOLLOWING DESCRIBED CENTERLINE: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF N 88°35'55" W BETWRRN THE SOUTHEAST CORNER OF SECTION 24,A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE AND THE SOUTH QUARTER CORNER OF SAID SECTION 24, A ALUMINUM CAP L.S. #11204 IN PLACE) COM MENCING AT TIIE SOUTII QUARTER CORNER OF SAID SECTION 24, A ALUMINUM CAP L.S. 411204 IN PLACE; TIIENCE N 58°25'34" W I560.97 FEET TO THE POINT OP INTERSECTION OF THE WESTERLY BOUNDARY OF WEST RIMLEDGE SUI3DIVISION AND THE CENTERLINE OF TIIE 30' EMERGENCY ACCESS EASEMENT CROSSING WEST RIMLEDGE SUBDIVISION, THE POINT OF BEGINNING; THENCE LEAVING SAID WF.STERLY LINE, AND CROSSING THE EMERGENCY FIRE ACCESS / EGRESS EASEMENT SHOWN ON THE PLAT OF WOODEN DEER SUI3DIVISION ALONG TFIF, CENTERLINE OF SAID EASEMENT ALONG THE ARC OF A CURVE TO TIIE LEFT HAVING A RADIUS OF 55.00FEET AND A CENTRAL ANGLE OF 36°53'15", A DISTANCE OF 35.41 FEET (CHORD BEARS S 24°11'19" W 34.80 FEET); THENCE CONTINUING ALONG SAID CENTF,RLINF, S 05°44'42" W 2.32 FEET TO A POINT ON T[IE CENTERLINE OF SAID EMERGENCY FIRE ACCESS /EGRESS EASEMENT SI1OWN ON THE PLAT OF WOODEN DEER SUBDIVISION; THENCE ALONG THE CENTERLINE OF SA1I) EMERGENCY FIRE ACCESS / EGRESS EASEMENT AND CONTINUING ALONG SAID CENTERLINE THE FOLLOW!NC FOUR (4) COURSES: 1. ALONG THF, ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 67°51'24", A DISTANCE OF 142.12 FEET (CHORD BEARS S 35°50'06" W 133.96 FEED 2. S 69°45'49" W 98.79 FEET • 3. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 215.00 FEET AND A CENTRAL ANGLE OF 14°35'52", A DISTANCE OF 54.78 FEET (CHORD I3EARS S 62°2753" W 54.63 FEET) 4. S 55°09'57" W 78.63 FEF,T TO A POINT ON THE CENTERLINE OF WOODEN DEER ROAD, 111E TERMINUS, WHENCE THE SOUTII QUARTER CORNER OF SAID SECTION 24 BF.ARS S 70°41'56" E 1725.46 FEET. a`„outlaw/No, E .7 ,� O��pO RE6lsg��. 923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 81601 0;0 19598 TeIaphc;, (S 7 0) 945-8676 • Fax (9701945-2555• �; y� ` ; a� EXHIBIT C DEED OF EASEMENT FOR EMERGENCY ACCESS Wooden Deer Homeowners Association, a corporation organized and existing under the laws of the State of Colorado, Grantor, for and in consideration of the sum of Ten Dollars and 00/100ths ($10.00) and other valuable consideration in hand paid by Michael N. Hammes and Lenore L. Hammes whose address is 5363 County Road 100, Carbondale, Colorado 81623, Grantees, receipt of which is hereby acknowledged, has given and quitclaimed and by these presents does hereby quitclaim unto said Grantees, their heirs, successors and assigns, a perpetual, non-exclusive easement thirty (30) feet in width along, over and across the premises more particularly described on Exhibit A attached hereto and incorporated herein by this reference, subject to the following: 1. Purposes of Easement. The Easement granted hereby is for Emergency Fire Access/Egress and underground telephone line purposes (the "Emergency Access Easement"), to, from, and between West Rimledge Subdivision according to the Final Plat thereof recorded , 1999, as Reception No. , and Wooden Deer Subdivision, according to the Final Plat thereof recorded December 7, 1992 as Reception No. 441908. The Emergency Access Easement granted hereby is expressly limited to only emergency fire or medical situations, and may be utilized by property owners within West Rimledge Subdivision seeking ingress or egress to West Rimledge Subdivision in an emergency fire or medical situation; by property owners within Wooden Deer Subdivision seeking ingress or egress to Wooden Deer Subdivision in an emergency fire or medical situation; or by emergency service personnel and their equipment seeking ingress or egress to either West Rimledge Subdivision or Wooden Deer Subdivision in a fire or medical emergency situation. No other traffic of any kind, including, but not limited to, equestrian, pedestrian, or vehicular traffic will be allowed or authorized along the Emergency Access Easement. In addition the Grantees may cause underground telephone lines providing service to West Rimledge Subdivision to be installed within the easement prior to construction of the roadway as provided in paragraph 2 hereof. 2. Construction ofRoadway. Grantees shall construct an approximately twelve (12) foot wide roadway within the Emergency Access Easement consisting of a minimum of six (6) inches in depth of three (3) inch road base material. Grantees shall keep and maintain that portion of the roadway within West Rimledge Subdivision clear of any obstacles which would block the roadway from use in fire or medical emergencies, and Grantor shall keep and maintain the roadway within Wooden Deer Subdivision clear of any obstacles which would block the roadway from use in fire or medical emergencies, all in accordance with request of the Carbondale & Rural Fire Protection District. Grantees shall construct a breakaway gate upon the roadway at approximately the boundary line between the West Rimledge Subdivision and the Wooden Deer Subdivision. In the event that the breakaway gate is ever broken down due to the emergency use of the easement, the parties hereto shall each pay one-half of the cost of reconstructing such breakaway gate. 3. Binding Effect; Covenants Running with the Land. This Deed of Easement and the rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, and shall be deemed to be a burden and benefit running with the West Rimledge Subdivision and the Wooden Deer Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Page 1 of 2 Subdivision, respectively. It is specifically acknowledged and agreed that the Grantees may assign their rights and obligations under this Deed of Easement only to the homeowners association comprised of the owners of such Lots within West Rimledge Subdivision. 4. Attorneys' Fees. In the event that either party hereto retains an attorney for the purpose of enforcing any right or duty arising out of this Deed of Easement, the non -prevailing party in such dispute shall pay the prevailing party the latter's reasonable attorneys' fees, whether or not litigation is actually instituted. TO HAVE TO HOLD THE SAME, together with all and singular the appurtenances and privileges thereunto belonging, or any wise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said Grantor, whether in law or equity, in and to the Easement hereby granted to the only proper use, benefit and behoof of the said Grantees, their heirs, successors and assigns. IN WITNESS WHEREOF, Grantor has executed the within Deed of Easement this day of , 1999. WOODEN DEER HOMEOWNERS ASSOCIATION By: , President STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) The above and foregoing document was acknowledged before me this day of ,1999, by , as President of Wooden Deer Homeowners Association. Witness my hand and official seal. My commission expires: Notary Public c:\wp-docs\LG\Hammcs\ ...138.99 Deed of Easement for Emergency Access Wooden Deer Homeowners Association/Hammes Page 2 of 2 EXHIBIT A EASEMENT DESCRIP'1TON . A 30.00 FOOT WIDE STRIP OF LAND SITUATED IN THE SWI/4SW1/4 OF SECTION 24, TOWNSIIIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, CROSSING LOTS 4 ANI) 5 OF THE WOODEN DEER SUBDIVISION AS RECORDED IN RECEPTION NO. 441908 OF THE GARFIEI.D COUNTY CLERK ANL) RECORDER'S OFFICE; SAID EASE is r LYING 15.00 FEET TO EACII SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF N 88°35'55" W AETWF.F.N THE SOUTHEAST CORNER OF SECTION 24, A GARFIELI) COUNTY SURVEYOR BRASS CAP IN PLACE AND.TIIE SOUTH QUARTER CORNER. OF SAID SECTION 24, A ALUMINUM CAP L.S. 011204 IN PLACE COMMENCING AT TIIE SOUTII QUARTER CORNER OF SAID SECTION 24, A ALUMINUM CAP I..S. 411204 IN PLACE; TIIENCE N 58°25'34" W 1560,97 FEET TO THF. POINT OP INTERSECTION OF THE WESTERLY BOUNDARY OF WEST RIMLEDGE SUBDIVISION AND THE CENTERLINE OF THE 30' EMERGENCY ACCESS EASEMENT CROSSING WEST RIMLEDGE SUBDIVISION, THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, AND CROSSING THE EMERGENCY FIRE ACCESS / EGRESS EASEMENT SHOWN ON THE PLAT OF WOODEN DEER SUBDIVISION ALONG TIM CENTERLINE OF SAID EASEMENT ALONG THE ARC OF A CURVE "f0 THE LEFT HAVING A RADIUS OF 55.00 FEET AND A CENTRAL ANGLE OF 36°53'15", A DISTANCE OF 35.41 FEET (CHORD BEARS S 24°11'19" W34.80 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 05°44'42" W 132 FEET TO A POINT ON THE CENTERLINE OF SAID EMERGENCY FIRE ACCESS / EGRESS EASEMENT SIIOWN ON THE PLAT OF WOODEN DEF.R SUBDIVISION; THENCE ALONG THE CENTERLINE OF SAID EMERGENCY FIRE ACCESS / EGRESS EASEMENT AND CONTINUING ALONG SAID CENTERLINE THE FOLLOWING FOUR.(4) COURSES: 1. ALONG THE ARC OF A CURVE TO TIIE RIGHT HAVING A RADIUS OF 120;00 FEET AND A CENTRAL ANGLE OF 67°51'24", A DISTANCE OF 142.12 FEET (CHORD REARS S 35°50'06" W 133.96 PEEL) 2. S 69°45'49" W 98.79 FEET • 3. ALONG THE ARC OF A CURVE TO THE LEFTHAVING A RADIUS OF 215.00 FEET AND A CENTRAL ANGLE OF 14°35'52", A DISTANCE OF 54.78 FEET (CHORD BEARS S 62°2753" W 54.63 FEET) 4. S 55°09'57" W 78.63 FEET TO A POINT ON THE CENTERLINE. OF WOODEN DEER ROAD, THE TERMINUS, WHENCE THE SOUTII QUARTER CORNER OF SAID SECTION 24 BEARS S 70°41'56" E 1725.46 FEET. till cc 923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 81601o,1w Thr.; `'.^^a (970) 945-8676 • Fax (970) 945-2555 �\z?) '; J�•` •iN Carbondale 8c Rural Fire Protection District March 10, 1999 Lawrence R. Green, Esq. Delaney & Balcomb, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 RE: Hammes Subdivision -Emergency Ingress/Egress Easement Dear Mr. Green: 300 Meadowood Drive Carbondale, CO 81623 (970) 963-2491 Fax: (970) 963-0569 The proposed emergency ingress/egress easement for the Hammes Subdivision through the adjacent Wooden Deer Subdivision is a preferred alternative to the previous approved emergency ingress/egress easement through the Bill Johnson property. The proposed easement will better serve both the Hammes Subdivision and the Wooden Deer Subdivision. Specifications for the emergency ingress/egress easement to be essentially the same as specified in the previous letter of approval dated April 7, 1988. Please contact me if you have any questions or if I may be of any assistance. Bill Gavette Fire Marshal Cc: Dan Muse, Architect APPENDIX D 1 1 1- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 JULY-U4-rr1 U7.0NH r11Ur1 UUUNIMI CNUIIYCCNINU rt1A NU. dIU d40 COO r, u .. • - -----7----,- r+--gs,- -7- .,-.7.----;..7,7,,-.74-,--7.-----t- `--- ...: , T-•'-:-!" 1_%T".,f„ :7.7; mm.7 : .g.r-: --be, 77 ..'+'.,-7-r m �!.''^'^ , .'fs> • JOHN'C.. KEPHART & CO. ' ' Received from; Customer No. GRAND JUNCT1ON LAORATORI[S 435 NORTH AVENUE • PHONE242-768• ANALYTICAL REPORT GRAND JUNCTION, COLORADO 81501 2anc.ane1l a & Assoc., Mark Hayes Glenwood Springs, CO 81602 (970)945-5700, FAX 945-1253 8563 Laboratory No. - Sample. water .9/22/93 s 10/23/98 Date Received Date Reported • .4...FAL) numb :r E15.3. - i 1I'-L.i mi t$;•_.aset ...by Sample ID Hammes Well in Garfield County ' Colo Dept. dt by High Country Eng. 9/21 11115AM . Health Arsenic(As) Barium(Pa) Cadrnitut(Cd) Chromium(Cr) Fluoride(P) Lead(Ph) .1„ ..Zury (I•fg ) ..rate(N) Nitrite(N) Selenium(Se) Silvur(Ag) Col cart' (CO/Pr. Ltni•t ) pi( Condf,activity(?25 deg. C `30cJ i f.f n; (N a ) Calcium(Ca) Nagnesitfm(Mg) F'otasssi um (K) Chlor:ide+('1.) , '11(14 4.1W5034).. (S0,4)_ Phenol. cal trii ty{tac03) All i ni ty (C.:-cCO3)- Bi r:=arbonate (HC0'3) Carbonate(CO3) Dissolved Solids ilardrsevu, (C 3) 'liar-bicii'ty(NTU) kc,ron (1':) 1'+. ppt+r (cn ) :f: r cin (F= e ) M.7.n ane;sse (Mn ) Mc.l ybdenum (hio) .ani.'[ (N) i'nophato(F) Zir)r.(Zn) coliform bacteria 0.000 mg/1 0.02 mg/1 0.0000 mg/1 0.000 mcg/1 0.62 mg/1 0.002 mg/1 0.00000 mg/1 2.69 mg/1 0.00 mg/1 0.002 mg/1 0.0000 mg/1 0 7.70 705 umhos/cm 19 mg/1 53 mo/1 40 mg/1 2.6 my/1... .22.mg/1 711mg/1 Mg 218 �.I .::....... 218 mg/1 264 mg/1 0 mq/1 4:.5 m / 1 296 rnc_/�1 0.2 0.N, mg/1 0.020 mg/1 0.27 mg/1 0.004 mg/1 0.000 mg/1 0.00 mg/1 0.00 mg/1 0.010 mg/1 0 colonies /100m1 0.05 mg/1 1.0 mg/1 0.01 mg/1 0.05 mg/1 4 mg/1 0.015 mg/1 0.002 my/1 10.0 mg/1 1.0 mg/1 0.01 mg/1 0.05 mg/1 no official lirr,it no n+•ficial limit no,rc•fficial limit 20 mg/1 no official limit 125 mg/1 no official limit �• 250. mg / 1 - .250 ngV1' ..moo-Lifficial rip official no official no of•ticial 500 mg/1 200 mg/1 limit limit .limit no official limit 1.0 mg/1 0.3 mg / 1 0.05 mg/1 no official limit r)c, o; f i ci Lz1 limit hO of•fic:iaal limit 5.0 mcg/1 0 col./100m1 Lab Dir.: E)rian S. Bau,:,r Form GWE-25 APPLICANT OFFICE OF TH 3TATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 049€C4 - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: 1 Block: Filing: MICHAEL HAMMES % LAWRENCE R GREEN DE;A WEK 7q0 Vi cL•'.uo^.^, SPf-r`J G� .o �I!x>r/ (970) 945-6546 PERMIT TO CONSTRUCT A WELL Subdiv: HAMMES APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 24 Twp 7 S RANGE 88 W 6th P.M. DISTANCES FROM SECTION LINES 550 Ft. from South Section Line 1500 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf1lONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. See BWCD Contract No. 3.3.5.299 (this is 2 of 3 wells, on 4 lots, covered by this contract). 4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, plus one (1) detached caretaker unit, and the irrigation of not more than 1,500 square feet (0.03 acres) of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is for use on a 7.15 acre tract, described as lot 1, Hammes subdivision. This is to be known as 'Mike Well No. 2'. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The annual amount of ground water to be appropriated shall not exceed 0.925 acre-feet (301,400 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit. 9) The owner shall mark the well in a conspicuous place with well permit number(s), and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This permit has been approved for the above described use(s), maximum production rate, and maximum annual withdrawal based on the limits provided in Basalt Conservancy District Contract 3.3.5.299, as confirmed by conversation with the District's engineer. You have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.). .?.9� PERlv11I EXPIRATION DATE EXTENDED TO % APPROVED TLC State Engineern ,�p� SY Receipt No. 0426608A DATE ISSUED APR 0 8 1 �/� •= S EXPIRATION DATEAPR 0 8 1999 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 NOTICE Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer Your request for an extension of time to complete the well and put water to beneficial use for well permit number ''c( (oI t' has been received and reviewed. You are her • • - • s • 'ce that the State Engineer has approved an extension of one year to R 1 L '' C')0 A copy of the amended well permit is enclosed. Please be advised Mat pursuant to o ora•o Revised Statute 37-90-137(3)(a)(I), additional extensions cannot be approved. When water from the well has been put to beneficial use for the purpose(s) described on the permit, a Statement of Beneficial Use must be completed and submitted to the Division of Water of Resources. In order for the permit to remain valid, water from the well must be used and this office must receive the Statement of Beneficial Use by the expiration date of the permit. It is the well owner's responsibility to complete and submit the Statement of Beneficial Use. A Statement of Beneficial Use form was provided to the applicant when the well permit was issued. Additional forms are available from the Colorado Division of Water Resources offices. Well Construction Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. Well owners who construct their own well and/or install pumping equipment must submit these reports. Forms for reporting construction and pump installation are available from the Division of Water Resources offices. If you have any questions, please contact the Groundwater Information Desk of this office. Sent t, owner on L c By: ti '• Form'No. OFFICE OF TH ,TATE ENGINEER GWs-25 . COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT MICHAEL HAMMES % LAWRENCE R GREEN DRAWER 790 GLNWD SPRGS CO 81602- (970) 945-6546 PERMIT TO USE AN EXISTING WELL EXST WELL PERMIT NUMBER O `13 B C 5 - - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: 2 Block Filing: Subdiv: HAMMES APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 24 Twp 7 S RANGE 88 W 6th P.M. DISTANCES FROM SECTION LINES 350 Ft. from South Section Line 2160 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the use of an existing well, constructed on July 23, 1991, under permit 161551, to a depth of 220 feet. This well is approved to appropriate ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. See BWCD Contract No. 3.3.5.299 (this is 1 of 3 wells, on 4 lots, covered by this contract). 4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, plus one (1) detached caretaker unit, and the irrigation of not more than 1,500 square feet (0.03 acres) of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is for use on a 17.6 acre tract, described as lot 2, Hammes subdivision. This is known as "Mike Well No. 1'. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The annual amount of ground water to be appropriated shall not exceed 0.925 acre-feet (301,400 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit. 9) The owner shall mark the well in a conspicuous place with well permit number(s), and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) The issuance of this permit cancels permit 161551. PI j EXPIRATION DATE EXTENCED TO Ae R-, 11) This permit has been approved for the above described use(s), maximum production rate, and maximum annual withdrawal based on the limits provided in Basalt Conservancy District Contract 3.3.5.299, as confirmed by conversation with the District's engineer. You have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.SA I.4a APPROVED TLC State Engineer Receipt No. 0428182 DATE ISSUED Po nS198 By EXPIRATION DATE APR 0 8 1999 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 NOTICE Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer Your request for an extension of time to complete the well and put water to beneficial use for well permit number r - -V- has been received and reviewed. You are hereby given notice that the State Engineer has approved an extension of one year to ke R L ,,4O Od . A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statute 37-90-137(3)(a)(I), additional extensions cannot be approved. When water from the well has been put to beneficial use for the purpose(s) described on the permit, a Statement of Beneficial Use must be completed and submitted to the Division of Water of Resources. In order for the permit to remain valid, water from the well must be used and this office must receive the Statement of Beneficial Use by the expiration date of the permit. It is the well owner's responsibility to complete and submit the Statement of Beneficial Use. A Statement of Beneficial Use form was provided to the applicant when the well permit was issued. Additional forms are available from the Colorado Division of Water Resources offices. Well Construction Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. Well owners who construct their own well and/or install pumping equipment must submit these reports. Forms for reporting construction and pump installation are available from the Division of Water Resources offices. If you have any questions, please contact the Groundwater Information Desk of this office. Sent to owner on 3/,-3/q9 9 Bv: Form Nc. GWS -L3 APPLICANT OFFICE OF TH' STATE ENGINEER COLORADO DMSION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 MICHAEL HAMMES % LAWRENCE R GREEN 710 G�ar�woo n tor, 1;: (.(J (970) 945-6546 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 0496C,`7 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: 3 Block: Filing Subdiv: HAMMES APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 24 Twp 7 S RANGE 88 W 6th P.M. DISTANCES FROM SECTION LINES 210 Ft. from South Section Line 2300 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. See BWCD Contract No. 3.3.5.299 (this is 3 of 3 wells, on 4 lots, covered by this contract). 4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, plus two (2) detached caretaker units, and the irrigation of not more than 3,000 square feet (1,500 square feet for each lot) of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is for use on lots 3 and 4 of the Hammes subdivision (19.8 acres total). This is to be known as 'Mike Well No. 3'. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The annual amount of ground water to be appropriated shall not exceed 1.85 acre-feet (602,900 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) This well shall be located not more than 200 feet from the location specified on this permit, and at least 600 feet from any other existing well, unless the other existing well is owned by the applicant, or a waiver has been obtained. 9) The owner shall mark the well in a conspicuous place with well permit number(s) and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This permit has been approved for the above described use(s), maximum production rate, and maximum annual withdrawal based on the limits provided in Basalt Conservancy District Contract 3.3.5.299, as confirmed by conversation with the District's engineer. You have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.). .l,qg PERMIT EXPIRATION DATE EXTENDED TOkf R APPROVED TLC State Engineer Receipt No. 0426608B DATE ISSUED t� By A �'� n 10 S EXPIRATION DATE,, PR 0 8 1 go STATE OF COLOFADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 NOTICE Roy Romer Governor James 5. Lochhead Executive Director Hal D. Simpson State Engineer Your request for an extension of time to complete the well and put water to beneficial use for well permit number - E has been received and reviewed. You are hereby given notice that the State Engineer has approved an extension of one year to t',p I�' I L_+U��J . A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statute 37-90-137(3)(a)(I), additional extensions cannot be approved. When water from the well has been put to beneficial use for the purpose(s) described on the permit, a Statement of Beneficial Use must be completed and submitted to the Division of Water of Resources. In order for the permit to remain valid, water from the well must be used and this office must receive the Statement of Beneficial Use by the expiration date of the permit. It is the well owner's responsibility to complete and submit the Statement of Beneficial Use. A Statement of Beneficial Use form was provided to the applicant when the well permit was issued. Additional forms are available from the Colorado Division of Water Resources offices. Well Construction Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. Well owners who construct their own well and/or install pumping equipment must submit these reports. Forms for reporting construction and pump installation are available from the Division of Water Resources offices. If you have any questions, please contact the Groundwater Information Desk of this office. Sent to owner on By: 3 cN Water Use Agreement This Agreement dated this 50 day of *Peecl1ke4. by and between Jean and Dee Blue (the "Blues") and Michael and Lenore Hammes (the "Hammes"). WHEREAS, the Blues are the owners of real property located in Garfield County, Colorado, as described in the attached Exhibit A; and WHEREAS, the Blues' property and numerous residences are supplied by water rights from the Blue Spring, which was decreed for 0.067 c.f.s. for stock water and domestic uses, on January 19, 1973 in Water Division 5 Case No. W-923, and was originally appropriated on December 31, 1896; and WHEREAS, the Hammes are the owners of real property in Garfield County, Colorado, as described in the attached Exhibit B, which is located north of, and adjacent to, the property owned by the Blues; and WHEREAS, the Hammes are seeking approval of a final plat from the Garfield County government in order to subdivide their property into individual lots for future sale (the "Hammes' Subdivision"); and WHEREAS, the Hammes applied for three separate domestic well permits for use on the Hammes' Subdivision from the Colorado Office of the State Engineer, Colorado Division of Water Resources, Department of Natural Resources (the "State Engineer") on February 2, 1998 and March 6, 1998; and WHEREAS, the State Engineer issued Well Permit Numbers 49664-F, 49665-F, and 49666-F to the Hammes (the "Hammes' Wells") on April 8, 1998; and WHEREAS, the Blues filed an administrative appeal to the Colorado Office of the State Engineer's related to its issuance of Well Permit Nos. 49664-F, 49665-F, and 49666-F, and a civil action in the Garfield County District Court in Case No. 98CV119 in order to protect the water supply to the Blue Spring; and WHEREAS the parties desire to resolve the basis of the Blues' administrative and civil actions so that these actions may be dismissed, and reach a settlement which is mutually beneficial to both parties; NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Hammes are responsible for paying for all costs associated with drilling a well upon the Blue property with a sustained yield of not less than seven (7) gallons per minute (based on an eight (8) hour sustained pump test and recovery report undertaken by a Colorado professional engineer or hydrologist and a licensed pump installer mutually agreeable to the parties) upon recording of the final plat for the Hammes' subdivision.' The location of the well shall be at a mutually agreeable location on the Blue property. All costs of interconnecting the well, providing electrical service to the well, installing casing and a pump will be paid by the Hammes. Interconnection of the well shall be done at the Hammes' expense to the Blues' existing storage facilities which cumulatively total 9,000 gallons. The Hammes and their contractors shall warrant the same for a period of one (1) year and the parties agree that lien waivers shall be secured during this time. Upon certification by a licensed Colorado professional engineer that the well has been constructed properly and connected to the storage tank with a pipeline of reasonable quality, burial depth and construction and after the expiration of the foregoing one (1) year warranty, the Blues will have responsibility for operating, maintaining, repair and replacing the same; provided however, should the well fail (defined as pumping less than three (3) gallons per minute on a sustained eight (8) hour pump test basis as determined by a mutually selected professional engineer) within three (3) years from the date of the well being drilled and connected to the Blues' property, the Hammes would be required to redrill the well, or provide a replacement well upon the same terms and conditions described above. Should the drilling program prove unsuccessful, then the provisions of paragraph three (3) contained herein will apply. 2. The Hammes will be responsible for all permitting and adjudication required for the well and obtaining a Basalt Water Conservancy District Allotment Contract therefore, for all uses designated by the Blues. Additionally, the Hammes or their successor Homeowners' Association shall have a continuing responsibility for maintaining the annual costs of the Basalt Water Conservancy District contract. 3. In the event the well fails and a redrilling program as described above is unsuccessful and the Hammes' Wells are functioning, the Hammes shall construct, at their sole expense, a pipeline from one of the Hammes' Wells to the Blues' storage facility, which would deliver water to the Blues' storage facility on a pro rata basis. The parties agree that pro rata basis shall be interpreted to mean that each residence attached to the Hammes' Well shall receive an equal share of the water produced thereby. In other words, if the Blues have four residences attached to the Hammes' Well, and the Hammes' have one residence attached to the Hammes' Well, than the Blues shall receive 4/5ths of the water, and the Hammes shall receive 1/5th. Water would be meteied by remote meter connection on both the Blues' property and the Hammes' property, all at the Hammes' expense. Location of the pipeline shall be at a mutually acceptable location and all disturbances shall be revegetated and reseeded to historic contours and revegetation, at the Hammes' expense. Should the selected Hammes' - Well as described in this Paragraph three (3) be inadequate to supply five (5) gallons per minute to the Blues' property, the Hammes' agree to deliver water to the Blues' storage facility from one of the other Hammes' Wells, if functioning, and all expenses related thereto shall be evenly split between the Hammes and the Blues. 2 4. The Hammes will establish a Homeowners' Association for their property, which shall be partially responsible for the performance under the terms of this Agreement at the time the Hammes' sell any portion of their property serviced by the Hammes' Wells. The Homeowners' Association shall permit access and allow connection to the selected Hammes' Well or Wells as provided in this Agreement, however, the Hammes' shall be personally liable for all financial obligations related to this Agreement. The Hammes' further agree to submit to jurisdiction in Garfield County Court and to waive any defenses related to failure to pay for the water facilities as outlined in this Agreement, should the Blues' need to seek judicial intervention in order to enforce the Hammes' financial obligations outlined in this Agreement. This Agreement shall be recorded in the chain of title for the Blues and the Hammes, at the Hammes' expense. 5. The Hammes and their successor Homeowners' Association shall be strictly responsible for all operation, maintenance, repair and replacement of any shared facilities on the Hammes' property. In the event the Hammes or their successor Homeowners' Association fails to deliver water as provided herein or fails to maintain, repair and replace this system in a reasonable manner respecting any shared facilities, the Blues would have the opportunity to perform such activity and would have an easement across the property to perform such activity. Said easement shall extend to sufficient width of either side of the applicable pipelines and shared facilities to allow adequate space for maintenance and repair, including the use of mechanical equipment when necessary. In the event the Blues should use the easement, they shall provide forty-eight (48) hours prior notice to the Hammes or their successor Homeowners' Association, however, in the event of emergency, the requirement for notice would be suspended. All costs expended by the Blues in performance of these activities would be reimbursed by the HOA within fifteen (15) days of presentment for payment. Failure to pay when due would result in 8% a.p.r. (1.5% per month) interest being assessed. 6. This Agreement shall be binding upon the parties upon the recording of the final plat for the Hammes' subdivision. Should the final plat for the Hammes' subdivision not be recorded, the Hammes' agree to abandon the two Hammes' Wells issued pursuant to Well Permit Numbers 49664-F and 49666-F. These are the two new wells proposed to be drilled not the existing Hammes' Well. 7. In the event a suit or other action is required to collect the sums described herein or to enforce the terms of this agreement, the prevailing party would be entitled to reasonable attorneys' fees, costs and expenses. The prevailing party would also be entitled to secure any judgment by a lien on the real or personal property of the non -prevailing party. 8. The parties further agree to execute such documents in the future which may be required to implement the terms of this Agreement. 3 9. Following execution of this Agreement by the parties hereto, the Blues' may cause this Agreement or a memorandum thereof to be recorded in the County Clerk and Recorder's Office of the County of Garfield, Colorado. 10. The Hammes and the Blues agree to provide notice in writing for all activities to be undertaken on one another's property and said notice shall be deemed given and received when (a) personally delivered, or (b) two days after the same is deposited in the United States mail by registered or certified mail, return -receipt requested, postage and fees prepaid, addressed to the other parties at their address appearing below, or to their successors in interest, or at such other address as shall be designated by such other parties by written notice to all the others. Notice to the Hammes' successor Homeowners' Association shall be deemed given when provided to the Hammes, until such time as the Hammes provide the Blues with an alternative address from the Homeowners' Association. The Blues: Jean and Dee Blue 0404 Road 104 Carbondale, Colorado 81623 The Hammes: Michael and Lenore Hammes 5363 County Road 100 Carbondale, CO 81623 OR 453 Merrill Street Birmingham, MI 48009 With a Copy to: Kevin L. Patrick, Esq. Kristin L. Howse, Esq. Patrick & Stowell, P.C. 730 E. Durant Street, Suite 200 Aspen, Colorado 81611 With a Copy to: Lawrence Green, Esq. Edward Olszewski, Esq. Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 The Blues and the Hammes agree to provide written notice within one month of any change of address in the same manner as is specified in this Paragraph 10. 11. This Agreement may be executed in multiple parts as originals or by facsimile copies of executed originals; provided however, if executed and evidence of execution is made by facsimile copy, then an original shall be provided to the other parties upon request. When all of the parties to this Agreement have signed at least one copy, such copies together will constitute a fully executed and binding Contract. 4 Executed as of the date first set forth above. STATE OF COLORADO ) ) SS. COUNTY O - C tdk Subscribed and sworn to before me this Blue. By: %G 'ZZ Jean Blue day of 1998, by Jean Witness my hand and official seal. My Commission expires: 03/0/1 2.6b(. r,t_ A1-) A. r r Notary Public By: / -e— Dee_ Dee Blue STATE OF COLORADO ) /�• ) SS. COUNTY Old- �2 � Lad Subscribed and sworn to before me this�j O day of �Q�T4 j 1998, by Dee Blue. Wiiriess my hand and official seal. My Commission expires: 03/04/200n. Ltdith A . Notary Public 5 DEC-1.4-100L$t i 17.02 F Ox=aACCJt PC II 1 1 1 1 1 1 1 1 1 1 1 1 Ifiubini Mama Eiozotitt 60fdim tibia Stit fit bell X70. ID•H71112101WIISIOX Ada Biot SLATS OF COLORADO ) OF aatopsts_.d sod mom tob.facem this ally of ,199s,toy k in Witomis coy hind ma -mod_ its Cacasninioa swigs= Irr Bbn STATE OF COICMADO ) ) ao iNrY OF3nntr iaol,sdw.=absmS du agof ,1991071:0m Vilinsat wryb:111sod ariciiOWL Si/ OXIalikaren =phew Public 1 1 1 1 1 9'd TOMO 't )ozi.ttid War 0 or,, -- 33a 1131D LS V )Ctraltld Wc3P=ts EL,. toe 73a v z 10 li if K 41z 1 gi i i oU 0 p 0 J� a 0 0 11 mHiI•Lch �' a II i i . „, gi 1 f 1 0 EXHIBIT "A" BLUE PROPERTY LEGAL DESCRIPTION A parcel of land totaling approximately 381.09 acres consisting of Government Lots 1, 2, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 in Section 25, Township 7 South, Range 88 West of the 6th P.M., and Government Lots 2 and 3 in Section 36, Township 7 South, Range 88 West of the 6`h P.M., County of Garfield, State of Colorado. W:\Blue\7c\Docs\bluelegaldesc.wpd EXHIBIT B Hammes Property Legal Description A PARCEL OF LAND SITUATED IN THE SW1/4SE1/4 AND THE S1/2SW1/4 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 24, A ALUMINUM CAP L.S. #112041N PLACE, THE POINT OF BEGINNING; THENCE N 89° 32' 29" W ALONG THE SOUTHERLY LINE OF SAID SECTION 24 A DISTANCE OF 1313.79 FEET TO A POINT ON THE EASTERLY BOUNDARY OF WOODEN DEER SUBDIVISION, A GARFIELD COUNTY SURVEYOR BRASS CAP MARKED "W 1/16 SEC 24 / 25", IN PLACE; THENCE N 01° 06' 46" W ALONG THE EASTERLY BOUNDARY OF SAID SUBDIVISION A DISTANCE OF 991.59 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE LEAVING SAID EASTERLY BOUNDARY S 89° 38' 01" E A DISTANCE OF 1344.98 FEET TO A REBAR AND CAP L.S. #5447 IN PLACE; THENCE S 89°02'13" E A DISTANCE OF 697.38 FEET TO A REBAR AND CAP L.S. #5447 IN PLACE; THENCE S 01°59'43" W A DISTANCE OF 998.68 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 24, A REBAR AND CAP L.S. #5447 IN PLACE; THENCE N 88°35'55" W ALONG THE SOUTHERLY LINE OF SAID SECTION 24 A DISTANCE OF 674.08 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 45.961 ACRES, MORE OR LESS. COUNTY OF GARFIELD STATE OF COLORADO APPENDIX E AGREEMENT TO RELOCATE ROADWAY This Agreement to Relocate Roadway is made this day of June, 1999, between MICHAEL N. HAMMES and LENORE L. HAMMES (hereinafter collectively referred to as Hammes) and KRISTIN LAWRENCE (hereinafter Lawrence). RECITALS A. Hammes is the owner of the real property described on Exhibit A attached hereto and incorporated herein by this reference. The Hammes property presently consists of two tracts of real property. Hammes is in the process of subdividing those two tracts into a subdivision to consist of four (4) residential lots to be known as the West Rimledge Subdivision (hereinafter either the Hammes Property or the West Rimledge Subdivision). B. Lawrence is the owner of the real property described on Exhibit B attached hereto and incorporated herein by this reference (hereinafter the Lawrence Property). C. Hammes presently accesses the Hammes Property via a private roadway constructed upon an easement across the Lawrence Property granted to Hammes' predecessors in title by instruments recorded in the records of Garfield County, Colorado, at Book 483, Page 575 and Book 487, Page 982 (hereinafter the Old Access Road). D. The parties hereto have reached an agreement regarding the relocation and reconstruction of the Old Access Road as it crosses the Lawrence property and wish to set forth such agreement in this instrument. _ NOW, THEREFORE, in consideration of the keeping and performance of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Construction of New Access Road. As a subdivision improvement associated with the West Rimledge Subdivision, Hammes will construct a new access road to the West Rimledge Subdivision across the Lawrence Property, generally upon the route depicted and described on the drawing attached hereto as Exhibit C (hereinafter the New Access Road). Prior to commencement of construction of the New Access Road, Hammes shall cause the location of the Ncw Access Road to be staked, and upon Lawrence's approval of said location, shall be authorized to begin construction of said New Access Road. The New Access Road will consist of a twenty foot roadway, containing two, eight -foot travel lanes and two, two -foot shoulders. All costs of construction of the New Access Road will be the responsibility of Hammes. Hammes shall revegetate with native plant material any portion of the Lawrence Property along or adjacent to the New Access Road that is disturbed during the construction process. 2. Reclamation of Old Access Road. Upon completion of construction of the New Access Road, Lawrence shall be entitled to designate any portion of the Old Access Road as it Agreement to Relocate Roadway Hammes/Lawrence Page 1 of 4 crosses her property that she wants abandoned and reclaimed by Hammes. Hammes shall cause a survey to be performed of that portion of the Old Access Road that Lawrence desires to be abandoned, and Hammes shall, within two (2) months of completion of the New Access Road, at their expense, reclaim and revegetate with native material such portion of the Old Access Road upon the Lawrence property designated for abandonment and reclamation by Lawrence. 3. Easement for New Access Road. It is acknowledged and agreed that the purpose of the New Access Road is to provide vehicular and pedestrian access, to the four lots to be created within the West Rimledge Subdivision. Upon completion of construction of the New Access Road Hammes shall cause a survey to be performed of the as -built centerline of the New Access Road. Said survey shall be provided to Lawrence and at such time she shall execute and deliver to Hammes a deed of easement for the roadway, which shall be twelve (12) feet on either side of the surveyed as -built centerline. The form of easement deed to be executed and delivered by Lawrence is attached hereto as Exhibit D. 4. Quit Claim of Old Access Road. Simultaneously with the delivery of the deed of easement for the New Access Road as provided in paragraph 3 hereof, Hammes shall execute and deliver to Lawrence a quit claim deed in the form attached hereto as Exhibit E, conveying all of their interest in such portion of the Old Access Road upon the Lawrence property designated by Lawrence to be abandoned under the provisions of paragraph 2 of this Agreement. 5. Repair of Damaged Property. After the construction of the New Access Road and the reclamation and revegetation of the Old Access Road, the Hammes, their heirs, successors and assigns, shall be obligated to clean up and restore any damage caused to the Lawrence Property during such construction. 6. Maintenance of Roads. From and after construction of the New Access Road, Hammes, their heirs, successors and assigns, shall fully be responsible to maintain and repair the New Access Road including the obligation to maintain such Road in good and passable condition and the obligation of snow removal, Lawrence shall have no responsibility with respect to such repair or maintenance. The responsibility to maintain and repair any portion of the Old Access Road which remains upon the Lawrence Property shall be the responsibility of Lawrence, her heirs, successors and assigns. 7. Indemnity. The Hammes, for themselves, their heirs, successors and assigns, hereby agree to indemnify, hold harmless and defend Lawrence from and against all claims and liabilities arising from injury or death to persons and damage to property arising from construction, maintenance, or repair of the New Access Road, from the use of the New Access Road by the Hammes, their heirs, assigns, invitees, or licensees, and arising from the reclamation and revegetation of the Old Access Road. Agreement to Relocate Roadway Hammes/Lawrence Page 2 of 4 8. Miscellaneous. a. Notices. All notices under this Agreement shall be in writing and shall be effective when mailed by overnight delivery service or by facsimile transmission as follows: Notices to Hammes: With Copy to: Notices to Lawrence: With Copy to: Michael and Lenore Hammes 5363 County Road 100 Carbondale, CO 81623 Fax: (970) 963-2028 Lawrence R. Green, Esq. Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81602 Fax: (970) 945-9769 Kristin Lawrence 5357 County Road 100 Carbondale, CO 81623 Travis S. Thornton Charles T. Brandt & Associates, P.C. 420 East Main Street, Suite 204 Aspen, CO 81611 Fax: (970) 925-4559 Any party may change its address for the purpose of giving notice under this Agreement by giving written notice of such change of address to the other party as provided in this paragraph. b. Compliance with Laws. Hammes agree to comply with all laws, rules, regulations of any governmental or regulartory body having jurisdiction over the construction, maintenance, or use of the New Access Road or the reclamation and revegetation of the Old Access Road_ c. Representatives. This Agreement shall be binding upon the parties hereto and their respective heirs, successors and assigns. d. Governing Law. This Agreement shall be governed by, interpreted under, construed and enforced in accordance with the laws of the State of Colorado. e. Entire Agreement; Modification. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes Agreement to Relocate Roadway Hammes/Lawrence Page 3 of 4 any prior understandings and agreements between them with respect thereto. This Agreement may only be amended by a written agreement executed by all parties hereto, their heirs, successors and assigns. f. Recovery of Attorney Fees. In the event suit is brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorney fees as determined by the court. g. Titles and Captions. The headings used in this Agreement are for purposes of convenience only and shall not be used in interpreting this Agreement. h. Signatures and Counterparts. This Agreement may be executed in one or more counterparts, all of which shall constitute a single agreement and each of which shall be an original for all purposes. It is agreed and understood that the signatures of the parties and a copy hereof transmitted by facsimile shall be sufficient as if an original signature. i. Severability. If any term or provision of this Agreement is held to be invalid, unenforceable or illegal for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Michael N. Hammes Lenore L. Hammes Kristin Lawrence c:wvp-docslgAhammes\ ...140.99 Agreement to Relocate Roadway Hammes/Lawrence Page 4 of 4 EXHIBIT A Hammes Property Legal Description A PARCEL OF LAND SITUATED IN THE SW1/4SE1/4 AND THE S1/2SW1/4 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 24, A ALUMINUM CAP L.S. #11204 IN PLACE, THE POINT OF BEGINNING; THENCE N 89° 32' 29" W ALONG THE SOUTHERLY LINE OF SAID SECTION 24 A DISTANCE OF 1313.79 FEET TO A POINT ON THE EASTERLY BOUNDARY OF WOODEN DEER SUBDIVISION, A GARFIELD COUNTY SURVEYOR BRASS CAP MARKED "W 1/16 SEC 24 / 25", IN PLACE; THENCE N 01° 06' 46" W ALONG THE EASTERLY BOUNDARY OF SAID SUBDIVISION A DISTANCE OF 991.59 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE LEAVING SAID EASTERLY BOUNDARY S 89° 38' 01" E A DISTANCE OF 1344.98 FEET TO A REBAR AND CAP L.S. #5447 IN PLACE; THENCE S 89°02'13" E A DISTANCE OF 697.38 FEET TO A REBAR AND CAP L.S. #5447 IN PLACE; THENCE S 01°59'43" W A DISTANCE OF 998.68 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 24, A REBAR AND CAP L.S. #5447 IN PLACE; THENCE N 88°35'55" W ALONG THE SOUTHERLY LINE OF SAID SECTION 24 A DISTANCE OF 674.08 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 45.961 ACRES, MORE OR LESS. COUNTY OF GARFIELD STATE OF COLORADO EXHIBIT B Legal Description of Lawrence Property [To be supplied by Lawrence] BEGIN STA 1+00 MATCH EXISTING GRAVE,. N 10403.52 E 8926.5‘XISTING ROAD TO BE ABANDONED AND REVECETATED FROM BEGIN STATION TO DRIVEWAY EXHIBIT C OWNER: KRISTEN LAURENCE 5357 COUNTY RD 100 CARBONDALE. CO 81623 0 ="63' 40' 1 5' R = 180. 00' T = 111.76' L = 200. 03' APPROXIMATE EXISANG TREE LINE END STA 5+95 �`�� $6:' ` , � MATCH EXISTING" GRAVEL N 10029.68 .,^� $ 1 1 1 1 1 PROPOSED ROAD PLAN 200.00' VC EXISTING ROAD CENTERLINE PVI STA = 4+50 P\•1 FI P V = 117 27 EXHIBIT D Deed of Easement KRISTIN LAWRENCE, whose address is 5357 County Road 100, Carbondale, Colorado, 81623, Grantor, for 2"d in consideration of the sum of ten dollars ($10.00) and other valuable consideration in hand paid by MICHAEL N. HAMMES AND LENORE L. HAMMES whose address is 5363 County Road 100, Carbondale, Colorado 81623, Grantees, receipt ofwhich is hereby acknowledged, has given and granted and by these presents does hereby grant unto said Grantees, their heirs, successors and assigns, a perpetual, non-exclusive Easement twenty-four feet in width, along, over and across the premises more particularly described on Exhibit A attached hereto and incorporated herein by this reference. 1. Purposes of Easement. The Easement granted hereby is for the purpose of the construction, installation, use and maintenance of an ingress/egress roadway to the properties now owned by Grantees and described on Exhibit B attached hereto and incorporated herein by this reference. 2. Scope of Easement. Grantor acknowledges that the Easement herein granted is appurtenant to the properties described on Exhibit B and that said Easement will be utilized as the primary roadway access to such property by the Grantees, their heirs, successors and assigns, as such property now exists or as it may hereafter be developed as a four lot subdivision in accordance with applicable regulations of Garfield County, Colorado. As such, it is the intention of the Grantor that the Easement shall not provide access to more than four (4) subdivided lots on the property described on Exhibit B, and that no roadway constructed within the Easement shall have a road and shoulder platform that is wider than twenty (20) feet. The Easement shall not be, in any event, wider than twenty-four (24) feet. 3. Limitation of Use of Easement. At no time may the Access Easement granted to Grantees be utilized for parking of vehicles. 4. Indemnification. Grantees hereby agree to fully and forever indemnify, defend, save and hold harmless Grantor from and against any and all losses, damages, liabilities, claims or demands for personal injury, property damage or any other form of loss or damage arising from or incurred in any way in connection with the construction, maintenance, repair, use or occupancy by Grantees their heirs, assigns, invitees or licensees of the Easement granted hereunder. 5. Maintenance and Repair. From and after the construction of a roadway upon the Easement, Grantees, their heirs, successors, and assigns, shall fully be responsible to maintain and repair such roadway, including the obligation to maintain such roadway in good and passable condition and the obligation of snow removal. Grantor, her heirs, successors, and assigns shall have no responsibility with respect to such repair or maintenance. 6. Binding Effect; Covenants Running with the Land. This Deed of Easement and rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, and shall be deemed to be a burden and benefit running with the properties owned by Grantor and Grantee, respectively. 7. Attorneys' Fees. In the event that either party hereto retains an attorney for the purpose of enforcing any right or duty arising out of this Deed of Easement, the non -prevailing party in such dispute shall pay the prevailing party the latter reasonable attorneys' fees, whether or not litigation is actually instituted. TO HAVE AND TO HOLD THE SAME, together with all singular and the appurtenances and privileges thereunto belonging, or in any wise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said Grantor, whether in law or equity, in and to the Easement hereby granted to the only proper use, benefit and behoof of the said Grantees, their heirs, successors and assigns. IN WITNESS WHEREOF, Grantor has executed the within Deed of Easement this day of , 1999. STATE OF COLORADO COUNTY OF GARFIELD ) ss Kristin Lawrence The above and foregoing document was acknowledged before me this day of , 1999, by Kristin Lawrence. Witness my hand and official seal. My commission expires: My address is: c:`.wp-docs\I;\hannnes\ ...140.99 Notary Public 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXHIBIT A To Deed of Easement dated , between Kristin Lawrence, Grantor, and Michael N. Hammes and Lenore L. Hammes, Grantees. Legal Description of Centerline of New Road to be Supplied upon Completion of Construction EXHIBIT B To Deed of Easement dated , between Kristin Lawrence, Grantor, and Michael N. Hammes and Lenore L. Hammes, Grantees. A PARCEL OF LAND SITUATED IN THE SW1/4SE1/4 AND THE S1/2SW1/4 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 24, A ALUMINUM CAP L.S. #11204 IN PLACE, THE POINT OF BEGINNING; THENCE N 89° 32' 29" W ALONG THE SOUTHERLY LINE OF SAID SECTION 24 A DISTANCE OF 1313.79 FEET TO A POINT ON THE EASTERLY BOUNDARY OF WOODEN DEER SUBDIVISION, A GARFIELD COUNTY SURVEYOR BRASS CAP MARKED "W 1/16 SEC 24 / 25", IN PLACE; THENCE N 01° 06' 46" W ALONG THE EASTERLY BOUNDARY OF SAID SUBDIVISION A DISTANCE OF 991.59 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE LEAVING SAID EASTERLY BOUNDARY S 89° 38' 01" E A DISTANCE OF 1344.98 FEET TO A REBAR AND CAP L.S. #5447 IN PLACE; THENCE S 89°02'13" E A DISTANCE OF 697.38 FEET TO A REBAR AND CAP L.S. #5447 IN PLACE; THENCE S 01°59'43" W A DISTANCE OF 998.68 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 24, A REBAR AND CAP L.S. #5447 IN PLACE; THENCE N 88°35'55" W ALONG THE SOUTHERLY LINE OF SAID SECTION 24 A DISTANCE OF 674.08 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 45.961 ACRES, MORE OR LESS. COUNTY OF GARFIELD STATE OF COLORADO EXHIBIT E Quit Claim Deed KNOW ALL MEN BY THESE PRESENTS that Michael N. Hammes and Lenore L. Hammes, for and in consideration of the sum of Ten and No/ 100 Dollars ($10.00) and other valuable consideration in hand paid by Kristin Lawrence, whose address is 5357 County Road 100, Carbondale, Colorado 81623 (Grantee), receipt of which is hereby acknowledged, hereby sells and quit claims unto Grantee, the following real property in the County of Garfield, State of Colorado, to wit: All of Grantors' right, title and interest in and to an existing access easement and right-of-way for roadway and utility purposes over and across that certain real property now owned by Grantee and described on Exhibit A attached hereto and incorporated herein by this reference, said easement being more particularly described as follows: [LEGAL DESCRIPTION OF ABANDONED PORTION OF OLD ACCESS ROAD TO BE SUPPLIED] IN WITNESS WHEREOF, Grantors have signed this Quit Claim Deed this day of , 1999. STATE OF COLORADO ss COUNTY OF GARFIELD Michael N. Hammes Lenore L. Hammes The above and foregoing document was acknowledged before me this day of , 1999, by Michael N. Hammes and Lenore L. Hammes. Witness my hand and official seal. My commission expires: My address is: Notary Public c:\wp-docs 1g\hammes\ ...140.99