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HomeMy WebLinkAbout2.0 BOCC Staff Memo 10.04.2004BOCC 10/4/04 STAFF MEMORANDUM REQUEST: Final Townhouse Plat of Valley View Village, building M, a Re- subdivision of Lot 46. DATE: October 11, 2004 OWNER: Darter, LLC, Terry Lawrence REPRESENTATIVE: David McConaughy PLANNING STAFF: Jim Hardcastle, Senior Planner LOCATION: South of Battlement Mesa Parkway west of Stone Quarry Road within the Battlement Mesa PUD. The County Planning Staff and the County Attorneys Office have reviewed the Final Plat materials submitted by the Applicant for Final Townhouse Plat of Valley View Village, building M, a Re -subdivision of Lot 46 and find the application to be complete. Further, the County Planning Staff and the County Attorneys Office recommend the Chairman of the Board of County Commissioners sign the Final Plat and all associated documents presented which are listed below: 1— Plat (resubdivision) 2 - Supplemental Declarations: (NOTE: the copy of this document in this submittal is a faxed version and shall be replaced with the original.) £OCT, 6. 20042:09PM FAZLEAVENWORTH & KARP Na 042 P 2 SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOR VALLEY VIEW VILLAGE TOWNROMES THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY Vi/EW VILLAGE TOWN HOMES e'SupplernenraI Declaration") is made and entered into this day of }:,b.2.0-- 2004, by DARTER, LLC ("Declarant"). E ITALS WHEREAS, Declarant is the owner of certain property in the Southeast jh of the Northwest •Y , Section 18, Township 7 South, Range 95 West of the 6th PrincipaI Meridian, Garfield County, Colorado which is more particularly described as Lot 46, ValIey View Subdivision, as shown un the fatal plat thereof recorded at Reception No. 643044 (the "Property"); and WHEREAS, the Property will be comprised of multi -family residential buildings (the "Townhouses); and WHEREAS, the Townhornes are a part of the larger Valley View Village Subdivision (the "Subdivision"); and WHEREAS, a Master Declaration of Covenants, Conditions and Restrictions for the Subdivision was recorded in the office of the Clark and Recorder of Garfield County, Colorado on December 16, 2003, as Reception No. 643048 (the "Mester Declaration"); NOW, THEREFORE, Declarant hereby declares Covenants, Conditions, Restrictions and Easements to be imposed on and for the benefit of Valley View Village Townhomes and in furtherance of the purposes stated below, Declarant makes the following declarations: ARTICLE I Eng_ AL PURP__QUAlsantium, 1.1 tomp.E. This Declaration of Covenants, Conditions and Restrictions (hereinafter "Covenants") shall govern and be applicable to that certain real property located within Garfield County, Colorado, blown as Lot No. 46 of the Subdivision, as more particularly described on the Final Plat thereof recorded as Reception N o. 643044 in the office of the Garfield County Clerk and Recorder, which Final Plat is incorporated herein by reference. It is the intention of the owner of the Declarant, expressed by its execution of this instrument, that the lands within the Subdivision be developed and maintained as a highly desirable affordable scenic residential area. It is the purpose of these Covenants to preserve the present natural beauty and character of the property along with the views and setting of the Subdivision to the greatest extent reasonably possible, and the lots therein shall always be protected as mucic as possible with respect to uses, structures, Iandscapirng, and general development as permitted by this Gtaebe' 611,513Zeneo.1231“eawen anu.VVY•iecur.l. Tt5-Lvpd -1- 002/012 a'OCT. 6. 2004 2:09PM FAILEAVENWORTH & KARP —NO. 042 instrument, Additional property within the Subdivision may be subjected to these covenants by the filing and recording of supplemental decIaration. 1.2 laczpazatico_g_tmLaiLtr Declaration. The Master Declaration recorded as set forth above is hereby incorporated by reference to the extent that its provisions relate to the Tou►nhomes. 1.3 ,Dd T_ , Each capitalized term not otherwise defined in these Covenants shall have the meaning specified or used in the Colorado Common Interest Ownership Act, Sections 3g-33.3-101 et seq., Colorado Revised Statutes, as it shay be amended from time to time (the "Act"). 1,4 Association Name. The name of the Association is the "Valley View Village Townhome homeowners Association," a Colorado nonprofit corporation (hereinafter "Townhome Association"). 1.6 Pro,Rerty Loc- The Property constituting the Common Interest Community is Located within the County of Garfield, State of Colorado. 1.7seri 'o a a ti The Property of multi -family structures and surroundingproperty within the Subdivision. Inittiiall , consist llisll real property within Lot 46 of the Subdivision shall be subject to this Supplemental Declaration; provided that additional lands within the Subdivision array be subjected to this Supplemental Declaration by the Declarant; and further provided that Declarant shall have the option to subject individual buildings within Lot 46 to the authority of a separate subassociation and a separate supplemental declaration if Declarant so chooses. In such event, the declaration for the separate subassociation shall obligate it to contribute its pro rata share to the maintenance obligations of the Townhome Association for Common Elements benefitting the entirety of Lot 46. ARTICLE II DELF_TWIJDNA 2,1 "Common Elements" shall be all portions of the Valley View Village Townhomes portion of the Subdivision other than Units and are designated by this Declaration for the common use and enjoyment of the Unit Owners and their families, tenants, guests and invitees. The Townhome Association, subject to the rights and obligations of the Unit Owners set forth in this Declaration, shall be responsible for the management and control of the Common Elements. Each Unit Owner shall own an equal undivided interest in the Common Elements, Every Unit Owner shall have a perpetual right and casement of access to and from. a Unit from public ways far both pedestrian and vehicular trttve], which right and easement shall be appurtenant to and pass with the transfer oftitle•to such Unit; provided, however that such right and easement shall be subject to (a) the covenants, conditions and easements contained in this Supplemental Declaration, in the Master Declaration and the Plat of the Subdivision; (b) the right of the Townhome Association to adopt, from time to time, rules and regulations for vehicular traffic and other passage across the Common Elements to facilitate the optimum and I:Sg04jClOtoCraca122e1CovegoAciNvv.rowokemes•goopa onober 6.2004 -2- gi aoaiot2` OCT, 6. 2604 2:69PM FA1LEAVENWORTH & KARP NO. 642 P. 4 most convenient use of the Units and Common Elements by Unit Owners; and (c) the right of the Declarant to construct additional multi -family buildings within the Subdivision and to designate additional Units and/or Common Elements within such property. 2.2 "T,i mited Common Elements" shall mean a portion of the Common Elements of the Subdivision designated in this Declaration, or the Map defined below, or on the contract documents for the sale and purchase of any such property, or by the Colorado Common Interest Ownership Act, Sections 38-33.3-I0I et seq., Colorado Revised Statutes ("CCIOA be amended from time to time (the "Act"'), For the exclusive use of one or more but fewer than all of the Units. The following portions of the Property, in addition to the portions described in Sections 3S -33,3-202(1)(b) and (d) of the Act are designated as Limited Common Elements, to wit: parking spaces and patio areas assigned to individual Units as shown on the Map. 2.3 "Map" or "Plat Map" or "Supplemental Map" shall mean the map of the Property attached hereto as Exhibit A pursuant to the requirements ofCCIOA and includes the plat of the Property if a separate plat is attached to this Supplemental Declaration; that any such plat will depict only the units as have actually been constructed as of the date of such plat and shall not be deemed a waiver of the Declarant's right to construct additional units and to subject them to this Supplemental Declaration. By taking title to property subject to this Supplemental Declaration, all Unit Owners consent, without a iay on any document, to the fling and recording of amnended plateed for s toOdep depict buildings actually constructed and to define or redefine common elements and limited common elements associated with such buildings. THE MAP MAY EE CHANGED IN TIIE FUTURE AND DOES NOT MEAN THE SUBDIVISION OF LOTS SHOWN HAS BEEN APPROVED BY ANY GOVERNMENTAL AUTHORITY. In the event of any discrepancy in the precise location of boundary lines depicted on both the Map and also on any recorded final plat, then the recorded final plat shall control. 2.4 "Unit" shall mesa an iadividual dwelling unit within a multi -family building to be constructed on the Property and may also include a private yard area if depicted as part of a lJnit on the Map. Declarant shall further have the right to submit other Units located outside the Property but within the Subdivisions to this Supplemental Declaration by filing a further supplement hereto, 2.5 "Townhome Association" shall mean and refer to VALLEY VIEW VILLAGE TOWNHOME HOMEOWNERS ASSOCIATION, its successors and assigns and shall function as a sub -association within the scope of the Association. ARTICLE III 1p_Wing_r_ligmlimajas josOCIA.TION 3.1a1,. The Townhome Association shall be a nonprofit Colorado corporation charged with the duties and vested with the powers prescribed by law and as act forth in its Articles of Incorporation, Bylaws and this Declaration of Covenants. Conditions and Restrictions Neither the Articles nor Bylaws of the Townhome Association shall, 1:213041CltlnesiCreee•i$3I15C9.enehtu.VVy.te,pn,a�te•e -ed eletnIee C2n04 .3- r 004/012 'OCT. 6. 2004' 2:10PM' PAILEAVENWORTH & KARP -NO. 042 P 5 for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with these Covenants. This Townhome Association shall be a membership association without certificates or shares of stock. Ali Owners, including Declarant, who own or acquire the title in fee to any of the Lots in the Subdivision by whatever menus acquired shall eutomaticalt! become members of Townhome Association. Membership in the Townhome Association shall automatically terminate when an Owner of one of the Lots ceases to be ari Owner of such Lot, Each Unit shall be entitled to one (1) vote. 3.2c t v d d [�frie��. The affairs of the Townhome Association shall be governed by art Executive $pard consisting of at least three (3) and no more than seven. (7) members elected by the Owners. The initial Board shall be comprised of three (3) members. The Executive Board may elect or appoint officers in accordance with its Articles and Bylaws as the sante may be amended from time to time, The Executive Board may also appoint various committees and hire employees as may be required. The Board shall determine the compensation to be paid to any employee of the Townhome Association. 13 ,t'urp4,se, The Townhome Association, through its Executive Board, shall be authorized and empowered to take each and every implementation and enforcement of the step necessary or convenient for the Townhome Association shalt have the Covenants contained in this Declaration. The insure, and otherwise protect and proms to the interests t and ibof the Owners ility to mw preserve, cVe' repair, common properties and interests of the Owners and the Townhome Association. respect to The Townhome Association shall be governed by its Articles of Incorporation and .Bylaws as may be amended from time to time. 3.4Maintenance f 1_emgnts. The Townhome Association shall operate and maintain all Corninon Elements and Limited Common Elements within the Suisdivi,sion as defined above, including the roofs and exterior surfaces of the structures in order to keep thein in good, clean, attractive and sanitary condition end repair, except as follows: (a) Except as provided otherwise in this Declaration, in the Master Declaration or by written agreement with the Association, all maintenance of individual Units, including, without (imitation, all interior surfaces, structural and nonstructural members, utility systems, utility lines from the point of departure from a shaied usage, glazing, doors, patios, yards, decks and other fixtures designed to serve a single Unit, shall be the sole responsibility of the respective Unit Owners. Each Unit shat/ be maintained in a good, clean, attractive and sanitary condition and repair consistent with the requirements of a first class residential development, (b) The Owner of a Unit to which any Limited Common Element is allocated shall be solely responsible for all maintenance of Limited Common Elements associated with such Unit, including without limitation landscaping and the removal of trash, leaves and debris from same; ea0)e4u; uCUtmeepe• t 2] Rtelpeoin[e-v Vv.lownbemes• a:17d e Oelebat 6, Yeea -4- 1OCT. 6. 2004 2.10PN' FALEAVENWORTH & KARP NO. 042._P 6 ocsio12 provided that the Townhome Association shall be responsible for now removal from all paring areas. If a lint Owner fails to maintain a Limited Common Element to reasonably acceptable standards as determined by the Townherne Association, then the Townhorae Association shall have a right (hut not the obligation) to enter upon such Limited Common Element to perforin such maintenance and to assess the Unit for the costs of such maintenance. Any other Common Expense associated with the maintenance, repair or replacement of a Limited Common Element shall be assessed proportionately against 'the Unit(s) to which the Limited Common Element is assigned. 3.5 12gglarant Cpixtrol. The provisions of Section 3.5 of the Master Declaration arc incorporated herein in their entirety, 3.6 LiWttd_Liabilittand jademnificelion. To the fullest extent permitted by law, neither the Townhome Association nor its past, present or future of$cers, directors, nor any employee, agent or committee member of the Townhome Association, nor the Declarant shall be liable to any Owner or to any other person for anydame negligence or other tnetter of any kind or nature, except gross �' act, omission to act, simple the foregoing, the Townhome Association, the Board and theDeclarant shall not be liable tomiting any party for any action or for any failure to act, in good faith and without malice. Acts taken upon the, advice of legal counsel, certified public accountants, registered or licensedengineers, architects or surveyors shall conclusively be deemed to be in good fhith and without malice. To the extent insurance carried by the Townhonrle Association for such purposes shall not be adequate, the Owners severally agree to indemnify the Townhomc Association, the Board and the Declarant against all loss resulting from such action or failure to act, including expenses and liabilities, attorneys' fees, reasonably oceeding to which they may be a party, or in which they may become in involved. The foregoinsed upon them in any g limitations of liability shall extend to the officers, agents, legal r g g represcmlatives and owners of :Declarant, 3.7 mice to Owner the Tow . Notice to an Owner of matters affecting the Townhomes by nhome Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier, or private service delivery or on the third business day after deposit in the mails for registered or certified mail, return receipt requested, at the address of record for real property tax assessment notices with respect to that Owner's Unit. ARTICLE IV &MALEAND LICENSES 4.10 ration By Aferenc e. The provisions of Sections 4.1 Through and including 4.3 of Article IV of the Master Declaration are incorporated herein by reference hi their entirety. 4.2 F v a and v r Ings. Certain architectural features such as eaves and overhangs associated with any given Unit may encroach across the property boundary line into other rmo DeNcuhnuvrlee• l b3dlCQvege1U.vVv.i ekohome,. dyrpd Orieba 6.2004 -5- OCT, 6. 20041 2:11PM FAXLEAVENWORTH & KARP" NO. 042---_P. 7 ral 007/01r adjacent Units. Easements are hereby granted to the Townhome Association and to individual Unit owners to permit such architectural feature encroachments including hut not Iimited to the right of the Tawnhoree Association and/or the Unit Owner to maintain, repair, and replace such architectural features. 4.3 Li nitecomaernents, The Townhome Association is granted easements to' enter upon any Limited Common Element for the purpose of maintenance, including but n limited to control of trash, debris or weeds. 4.4 Dallis:, The Townhome Association is granted casements for the installation, maintenance, repair and replacement of underground utility lines over and across all portions of the Property outside of building footprints. These easements may be assigned to the master association for the Subdivision andior to utility providers. ARTICLE V 5.1 _jaggrrppztknAyzdraacg. The provisions of Sections 5.1, 5.2, 5.3, 5.5 through and including 5.10, artd 5.13 through and including 5.29 of Article V of the Master Declaration are incorporated herein by reference in their entirety, 5.2p�liti partitio or division of the Common Elements or Limited Common monn Elementso Owner shall . BBy acceptance ring any action of a deed or other instrument of conveyance or assignment, each Owner shall be deemed to have specifically Waived such Owner's rights to commence or maintain a partition action or any other action designed to cause a division of the Coaamon EIements or Limited Common Elements. This Section may be pleaded as a bar to any such action. Any Owner who commences or maintains any such action shall be liable for and agrees to reimburse the Townhome Association for its costs, expenses and reasonable attorneys' fccs in defending any such action. 5.3 Vehicles. There arc designated parking spaces assigned to each Unit as Limited Common Elements shown on the Map. Each vehicle parked in a designated parking space shall be registered with the Townhome Association by type, year, color, license number and such other identification as is appropriate. Additional parking spaces designated on the Map as general common elements shall be considered visitor parking. Neither an y est of an Owner DOC any Owner shall use a parking space designated for visitors for mare than tguee (3) days without the consent of the Executive Board, which may impose a fee for such use. No trucks, recreational vehicles, motor homes, motor coaches, snowmobiles, campers, trailers, boats or boat trailers or siniilffi vehicles (other than ass one ton or less) or any other vehicleer s shall parkedes or , stored orkup or lity kept ns with a capacity e Property, This restriction shall not prohibit occasional parking oommercial, portion e�ce atnd construction vehicles, in the ordinary course of business, from making providing service to the Property. No work on vehicles, includingdehall les or otherwise be performed on any portion of the Property, except in emergencies. Abandoned or inoperable vehicles shall not be stored or parked on any portion of the Property.w Yehictc An abandoned or inoperable vehicle is any �vluch bas not been driven under its propulsion for three (3) weeks or longer and OuCIO CC! Iregi12J11Tcrepie.vYv.ruweeeme2-a,e.pd 0rlebn 6,22 024C4 o-m OCT. 6. 200412 2:11 PM' FALEAVENWORTH & KARP NO. 042 P. 8 which appears incapable of operation. A written notice describing the abandoned or inoperable vehicle and requesting its removal shall be personally served upon the Owner or posted on the vehicle. If such vehicle hits not been rcm:wveci within seventy-two (72) hours after notice is giver, the Townhome Association inay remove the vehicle without liability and the expense of removal shall be charged against the Owner. The Townhome Association shall have the right to assess and enforce penalties against Owners violating these restrictions apply ng to vehicles as follows: Two Hundred Dollars ($200.00) for the erst violation and Two Hundred Dollars ($200.00) plus an additional One Hundred Dollars ($100.00) for each subsequent violation, such that the fine increases in Ono Hundred Dollar ($100.00) increments for each succeeding violation_ 5.4 m Alienation. A Unit may not he nwned or occupied pursuant to a time-sharing arrangement described in Sections 3S-33-110 to 113, Colorado Revised Statutes- An Owner shall have the right to 1ffie a Unit, provided that such lease shall be in writing and subject to the reasonable requirements of the Executive Board, and provided further that no Lots may be leased for a period of loss than thirty (30) days. Any lease shall be made expressly subject to this Declaration and all Association Rules. Any failure of a tenant to comply with this Declaration shall be a default under the lease, and the Owner shall be liable for any violation of this Declaration committed by the Owner's tenant, without prejudice to the Owner's Fights against the Owner's tenant. ARTICLE VI CHMEK L C_ yQ,T1•trm 6.1 sm by Re b. l2 of Article VI of the Master Declaration ,ati�oa provisions vincorpof Sections e there 6.1 through and including entirety- by nee in their 7.1 ARTICLE VII PAR -1,7 W construction of the structures and improvements within theach wall ich is uilt d part of the original between Units shall constitute a partyw hath is Located all, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for Property damage due to negligence or willful acts or omissions shall apply thereto. 7,2 EligiagsfarraiLmixaintanmsA. The cost of normal of any party wall shall be shared by the Owners who make use of the waIl repair and maintenance to suce use and shall be considered a Limited Corarnon Element for in proportion and such .3. purposes of Sections 3.4 4.3. 7.3 aeggilsgpa.bizo4Lother C by fire or other casualty, the policy of the respective Unit Owners benefitting therefrom h ll cover such damage to the maximum extent of available insurance. Deficiencies in insurance; b12,1524{rr ll antsC.ace•iz) lCovenon Yalwe-Covnil,pnlrl.d.ml,a q�' -7- a 008/012 OCT. 6. 2004a 2:11 PM FAXLEAVENWORTH & KARP NO, 042 P. 9 titoo®iox2 proceeds for damage to ply walls shall he paid in proportion to such use by affected Owners, without prejudice, however, to the right of any such Owners to call for a larger contribution from the other Owner under any rule of law regarding liability for negligent or willful acts or omissions. 7.4 Wsaiherpznefing. Notwithstanding any other provision ofthis Article, an Owncr who by his negligent or v„i 1fatl act causes the party wall to be any elemersts, shall bear the whole cost of furnishing the necessary protection against such elenosedt o ent , and if such wall shall be damaged by such elements, such Owner shall pay the entire cost of repair of the same. 7,5 Rigkupsgarriugmans,Eittj,g124 The from any other Owner under this Article shall be appurtenant ltto anti sght of hall ass t sucho Owner successors in title. pass to Owner's ARTICLE VIII CaLizraismoy'-6' TS - ENFQRCF :NT 8.1 Asses— �mcnts, All Owners„ by acceptance of a deed to a Unit, including without limitation public trustee, sheriff's or similar deed, are deemed to covenant and agree and shall be obligated to pay any and all assessments lawfully unposed by the Executive Board of the Townhome Association.. To the extent the Townhome Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses and coats of maintaining, and accessing the Subdivision; expenses for maintaining, ��g' and plowing of roads within Townhome Association's common roe fig' improvaag, and preserving the ttee: and insurance, accounting, and legal fimcti n of the TownhomeAssoces of iation.AsArchitectural oc lation. Such rassessments shall be deemed general assessments and shall he borne pro rata by all Owners, The Executive Board may establish contingency and reserve funds for the maintenance and improvement of the Townhome Association's common property and any other anticipated costs and expenses of the Townhome Association to be incurred in pursuit of its purpose. Contingency and reserve funds shall be in such an amount as the Executive Board may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro rata portion of these funds. The pro rata allocation shall be calculated as shown on Exhibit B, attached hereto and incorporated herein. The Executive Board 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 these Covenants, or the Articles or Bylaws of the Townhome Association as may be necessary. Such special assessment shall be paid for in equal portions by the Owners obligated to pay such assessment and shall be clue and payable as determined by the Executiv Board.e All Owners specifically acknowledge and agree that an assessment will be levied against them and their Unit by both the Valley View Village Homeowners Association and the Battlement Mesa Service Association for the maintenance of the Common Elements that serve .112Q04c11■olsCrice• i2781Co•eaoay •V V v •tomnboiRea.&.wpd Qteobei 6, tact& -8- -OCT. 6. 2004e' 2:12PM FA/LEAVENWORTH & KARP •-NO. 042 P. 10 Subdivision and the entire Battlement Mesa PUD, including certain common elements of the Property, at the rate to be determined from time to time by ' ie the Valle V w Association and the Battlement Mesa Service Association, �Homeownen the payment of rs assessments shall constitute a default under these Covenants and shall be subject to enforcement hereunder. S-2 Incorno—,-j,, don ��� erence- The provisions of Sections 7.2 through and including 7.5 of Article VII of the Master Declaration are hereby incorporated by reference in their entirety. ARTICLE IX s i �eNLEJS 9.1 1acoroor tion b, Referer I. Sections 8.1 through and including 8.12 of Article VIII or the Master Declaration are Hereby incorporated by reference in their entirety. .ARTICLE X NSURANCE 10.1 korporttion lav Reference. Sections 9.1 and 9.2 of Article IX of the Master Declaration are hereby incorporated by reference in their entirety. I0.2 Additienallneurenet. The the premiums upon, as a common expense, apolicyownhorne of o bation shall obtain maintain, and pay Common Elements and Limited Common :Elements within the Propertye y and all persona' property the belonging to the Townhome Association, as well as comprehensive F covering all of the common elements and public ways thProperty. encral liability insurance ARTICLE XXI gEmatAugpywass 11.1 dop y [deference. Sections 11,1 through and including Section 11.9 of the Master Declaration are hereby incorporated by�reference in their entirety. d. IN WITNESS WHEREOF, for Valley View Village Townhomes hasbeenexecuted as of the dayion of Covenants, land stefirst dons above.yearwritten DECLARANT: I112.60d\Cllaplp epee L 23ANCevenaati•YYv.totr98emes..e vapei °globe, 6,1004 By -9- DARTER, LLC 21010/012 Terry Lawrence OCT, 6. 20014' 2:12PM FXLEAVENWORTH & KARP STATE OF COLORADO ) Ss. COUNTY OF N0. 042 Acknowledged, subscr'.ed, and sworn to before me this lo day ofSebb 2004, by Terry Lawrence, '' i ; J of Darter, LLC. WITNESS my hand and official seal. My Commission expires: AMMO Ii17QO41CItenu1Gree4-I73M1CaveashilA Yv-rn.nlhomei-4,•pe Dandier 6, 2004 .1 0, Notary Public Z O11/O12 'OCT. 6. 2004' 2:12PM FAILEAVENWORTH & KARP EXHIBIT B NO. 042 Allocations of Units for As3essment Purposes The following Units shall be assessed equally and shall each have one vote; provided that assessrnents (but not votes) shall be prorated only amongst those units for which a certificate of occupancy has been issued by Garfield County: D 1.6 E 1-6 F 1-6 O 1-6 U 1-6 1 1-2 J 1-4 K 1-6 L 1-4 M 1-6 N1-2 1:t200a1entato4nee.i2aVee.en..ii.vVv.io.ehomci.4. rod DiIiibef 6, 2DD4 -11-- 21012io12 1 INTEROFFICE MEMORANDUM Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Jim Hardcastle, Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: Townhome Plat, Valley View Village, Building K - Review Date: 12-07-2004 Dear Jim, Upon review of the Townhome Plat, Valley View Village, Building K, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. No comments or corrections needed. The surveyor may prepare the mylar for record pending further requirements from your o ` ce Sincerely, cott Aibner As Garfield County Surveyor cc Jay Axtell- High Country Engineering, Inc. 1098th Street, Suite201 • Glenwood Springs, C081601 • (970) 945-1377 • Fax: (970) 384-3460 • e-mail: saibnerJagarfield-county.com