HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNry
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970. 945. 821 2 F acsimi le: 970. 38 4.347 0
www.oarfield-countv. com
i,i)v 2 1 2A07
AMENDED AND CORRECTED PLATS APPLICATION
GENERAL INFORMATION
(To be completed by the applicant.)
D StreetAddress/General Locationof Property: 66 d 6A //rzu,^to /-nrr/e ,Ofutaet>nte, Q 816z3 (tfePeu Gu:N \
D Legal Description:lor D 2z 4<t ^t €te;/ FL, rnt^ * t
Subdivision Name: 4-Elar,t Gxnl
Description of Proposal: SqBD /V tst o at o F Dtffuasl
/,or )/t /nlfo lpaa >32A a^/D bztZ
Name of property owner. 4spel Gtnnl / , /*u
Address: 43t{ /*oto O*p< Cotpr Telephone:?o/ /02- //k)
F city: .4qcsq,l/t*e State: FL Zip code: gtptrl rx: ?o4 - /8t//o{
F Name of Owner's Representative. if anv (Planngr. Attornev. etc):
GzoRae R. HcntLoN q(
Address: Zt,lZA ,E . hra "tr* 0A.Tetephone: 3a9 - 911 - zz4-
city: 4hta A* state: q Zip code: Loa /6 Fl,x:3o7.4oo'
E/h(/L : Seayq< @ eA hl alo*/a-y al . c^owr /Ltt-
STAFF USE ONLY
Date Submitted: TC Date:D Doc. No.:
F Planner:Hearing Date:
Last Revised: 2/2006
A.
1.
!. PROCEDURAL REQUIREMENTS
One of the following 3 procedures shall apply to a request for an Amended or
Corrected Plat.
Application for an amendment to a recorded plat may be made, if the amendment a) does
not increase the number of subdivision lots or dwelling units, b) results in the major
relocation of a road or add new roads, or c) does not result in the relocation of property
lines between more than two adjacent properties.
An application for an amended plat shall be considered by the Board at a regularly
scheduled public meeting. lf approved, the amended plat shall comply with plat
requirements outlined below ( subsection B).
An application for an amendment to a plat of an existing subdivision, established prior to
County subdivision regulations, that does not have an approved Preliminary Plan to verify
the consistency with the proposed amended plat, or that results in the relocation of property
lines between more than two (2) adjacent properties, shall be subject to the criteria and
public meeting requirements as follows:
A. The Board shall not approve an application for an amended plat as mentioned
above unless the applicant has satisfied the following criteria:
1) All Garfield County zoning requirements will be met;
2) All lots created will have legal access to a public right-of-way and any necessary
access easements have been obtained or are in the process of being obtained;
3) Provision has been made for an adequate source of water in terms of both the
legal and physical quality, quantity and dependability, and a suitable type of
sewage disposalto serve each proposed lot;
4) All applicable state and local environmental health and safety requirements
have been met or are in the process of being met;
5) Provision has been made for any required road or storm drainage
improvements;
6) Fire protection has been approved by the appropriate fire district;
7) Any necessary drainage, irrigation or utility easements have been obtained or
are in the process of being obta ined; and
B) Schoolfees, taxes and special assessments have been paid.
B. The Board shall consider the am ended plat request at a pu blic hearing.
The applicant shall be solely responsible for the publication, posting and mailing of
all notices and shall present proof of publication and mailing at or before the
meeting. lf proper notice has not occurred, the public hearing will not occur.
Notice for the meeting shall be given as follows:
2.
(1) Notice by publication, including the name of the applic ant, description of the
subject lot, a description of the proposed amendment and nature of the meeting,
and the date, time and place for the hearing shall be given once in a newspaper
of general circulation in that portion of the County in which the subject property
is located at least thirty (30) but not more than sixty (60) days prior to the date of
such meeting, and proof of publication shall be presented at hea ring by the
applicant.
(2) Notice by mail, containing information as described in the paragraph above,
shall be mailed to all owners of record as shown in the County Assessor's Office
of lots within two hundred feet (200') of the subject lot and to all owners of
mineral interest in the subject property at least thirty (30) but not more than sixty
(60) days prior to such meeting time by certified return receipt mail, and receipts
shall be presented at the meeting by the applicant.
(3) The site shall be posted such that th e notice is clearly and conspicuously vis ible
from a public right-of-way, with notice signs provided by the Planning
Department. The posting must take place at least thirty (30) but not more than
sixty (60) days prior to the hearing date and is the sole res ponsibility of the
applicant to post the notice, and ensure that it remains posted until and during
the date of the hearing.
lf approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
3. A correction may be made to an approved plat, if the sole purpose is to correct technical
errors such as minor surveying errors and drafting errors, and the correction is consistent
with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical
compliance, the corrected plat shall be brought before the Board at a regularly scheduled
public meeting for review and decision.
lf approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
B. Upon approval of an Amended or Corrected Plat by the Board, the following plat
requirements shall apply:
A plat titled "Amended Final Plat of (subdivision name)" shall be signed and dated by the County
Surveyor, then signed a nd dated by the Chair man of the Board, as a consent agen da item, at a
regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield
County within ninety (90) days of Board approval.
The Amended Plat shall meet the minimum Colorado Revised Statues ('CRS") standards for land
survey plats, as required by Colorado state law, and approved by the County Surveyor and shall
include at least the information as outlined in Section 5:22lFinal Plat Requirementsl of the Garfield
County Subdivision Regulations.
C. Application process steps:
1. Submit this completed application form, base fee, and all subm ittal requirements outlined below
to the Garfield County Planning Department. lt will be received and given to a Staff Planner
who will review the application for technical compliance (completeness).
2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete and will request additional copies for the Board to review.
ln addition, shall the request require a public hearing, Staff will also send you a "Public Notice
Form(s)" indicating the time and date of your hearing before the Board. Prior to the public
hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or
corrected plat.
3. The Applicant is required to appear before the Board at the time and date of the public hearing
or public meeting at which time the Board will consider the request. Should the request require
a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was
provided.
4. Once the Board makes a decision regarding the amended or corrected plat request, Staff will
provide the Applicant with a follow-up letter outlining the action taken by the Board.
II. APPLICATION SUBMITTAL REQUIREMENTS
(The following steps outline how an amended or corrected plat application review process works
in Garfield County.)
A. The following application submittal requirements shall only be applicable to Procedure 1
and 3 listed above in the "Procedural Requirements" section of this application. The
application for an amended plat or corrected plat shall be submitted with the following:
1. A narrative explanation of the reason for the application.
2. The consent of all land owners involved. Copy of the deed showing ownership of the
parcel(s), or a letter from the property owner(s), if other than the applicant.
3. A plat shall illustrate the parcel(s) prior to adjustment and subsequent ad justment.
4. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee
of $100.00 with the application.
5. Provide 2 copy of the Application. Staff will request additional copies once the
application has been deemed technic ally complete.
B. For Procedure 2 listed above in the "Procedural Requirements" section of this application,
the following supplem ental information shall be subm itted with the application:
1. Nanative explaining why the amended plat is being requested.
2. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment.
The plat shall delineated the fathering and receiving parcel(s) and/or boundary
line(s) prior to adjustment, and the parcel(s) or boundary line(s)
transferred/relocated followi ng the adjustment.
3. Copy of the deed showing ownership of the parcel(s), or a letter from the property
owner(s), if other than the applicant.
Names and addresses of owners of record of land immediately adjoining and within
two hundred feet (200') of the proposed amended plat, mineral owners and lessees
of mineral owners of record of the property to be a part of the amended plat, and
tenants of any structure proposed for conversion.
Evidence of the soil types and characteristics of each type.
Proof of legal and adequate source of domestic water for each lot created (which
may consist of proof described in Section B:42(D) of the Subdivision Regulations),
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district.
lf connection to a community or municipal water or sewer system is proposed, a
letter from the governing body stating a willingness to serve.
The Applicant shall sign the "Agreement For Payment" form and provide the Base
Fee of $100.00 with the applicati on.
Provide 2 copies of the Application. Staff will request additional copies once the
application has been deemed technically complete.
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my
Ltc
(Signature of Property Owner)/u4N4
4.
5.
6.
7.
8.
L
GARFIELD COUNTY BUILDING AND PLA}INING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established
a fee structure ("Base Fee") for the processing of each tlpe of subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied
by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use
application processing time will vary and that an applicant should pay for the total cost of the review which
may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the
respective positions combined with an hourly overhead cost for the office will be used to establish the actual
cost of County staff time devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final
consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payable to the Garfield County Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant
is submitted prior the initial review of the application materials.
Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the
application. The Agreement must be signed by the party responsible for payment and submitted with the
application in order for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application
to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the
applicant to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE
Vacating Public Roads & Rights-of-Way
Sketch Plan
Preliminary Plan
Final Plat
Amended Plat
Exemption from the Definition of Subdivision (SB-35)
Land Use Permits (Special Use/Conditional Use Permits)
r Administrative/no public hearing. Board Public Hearing onlyI Planning Commission and Board review & hearing
ZorungAmendmentst Zone District map amendmentt Zone District text amendment. Zote District map & text amendment
t PUD Zone District & Text Amendment. PUD Zone District Text Amendment
Board of Adjustrnent
r Variance
r Interpretation
Planning Staff Hourly Rate
. Planning Director. Senior Planner. Planning Technician
r Secretary
County Surveyor Review Fee (includes review of Amended
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee
BASE FEE
$400
$32s
$6ZS + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
s200
s100
$300
$2s0
s400
s525
$4s0
s300
$s00
$s00
$s00
$2s0
$2s0
ss0.s0
$40.50
$33.7s
$30
Determined by Surveyor$
$lI - l'tpage
$10 each additional page
Page2
5.
The following guidelines shall be used for the administration of the fee structure set forth above:
l. AII applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming
action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed
above.
Tlpes of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
This fee structure shall be revised annually as part of the Counfy budget hearing process.
6.
7.
8.
9.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COLINTY (hereinafter CotrNTY) una 4slet 4 W nl I . L*t
(hereinafter APPLICANT) agree as follows:
APPLIC has su itted to COLTNTY an application for $ueat>ep 4r(>
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that
establishes a fee schedule for each type of subdivision or
the administration of the fee structure.
Garfield County Resolution No. 98-09, as amended,
land use review applications, and the guidelines for
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COTINTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COIINTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision
plan.
APPLICANT
.+&R-
,u1", tt,/t/ /a-l
4sp*ntGrctt/,Llc
6eatoe K, / oet, Trq
Print Name
Mailing Address:
10t2004
Page 4
PARTY WALL AGREEMENT AND SUPPLEMENTAL
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR LOT D.32
ASPEN GLEN FILING NO. 1,
GARFIELD COUNTY, COLORADO
Recitals
1. Aspen Glen I, LLC, aFlorida limited liability company ("Declarant") is the
Owner of the real property situated in the County of Garfield, State of Colorado, described as Lot
D-32, Aspen Glen Filing No. 1 (the "Lot"), which has been re-subdivided and identified by a
map recorded in the records of the Garfield County Clerk and Recorder in Book _ at Page
_ (the "Map").
2. Declarant has constructed on the Lot a duplex building consisting of two separate
Units, each designed and intended for use as a residential dwelling, designated as Unit D32A and
Unit D32B, which are sometimes referred to separately as "Unit" or collectively as "lJnits."
3. Declarant desires to establish a plan for the Ownership of the Lot as it has been
re-subdivided, by establishing separate Ownership and rights and obligations related and
appurtenant to Unit D32A and Unit D328, as identified on the Map.
DECLARATION
SECTION I
SUPPLEMENTAL DECLARATION:
LOT SUBJECT TO MASTER DECLARATION
A. Declarant does publish and declare that the following terms, covenants,
conditions, easements, restrictions, uses, reservations, limitations, and obligations shall be
deemed to run with the land described herein, shall be a burden and a benefit to Declarant, his
personal representatives, heirs, successors and assigns and any person acquiring or owning an
interest in the Units and improvements built thereon, their grantees, personal representatives,
heirs, successors and assigns.
B. Notwithstanding anything set forth in this Supplemental Declaration, the Lot
which has now been re-subdivided into Unit D32A and Unit D328, shall at all times be subject
to all terms and conditions of the Master Declaration o1'Covenants, Conditions and Restrictions
for Aspen Glen as the same are recorded in the records of the Clerk and Recorder of Garfield
County, Colorado, in Book 936 at Page 350 ("Master Declaration"), and as the same may be
amended from time to time.
PartyWall Revised (3)
SECTION II
DEFINITIONS
Unless the context shall expressly provide otherwise, the terms used herein shall have the
meanings set forth in the Master Declaration. ln addition, the following terms shall have the
following meanings:
A. "Access Easement" means any non-exclusive easement upon the Lot for
pedestrian, vehicular or utility access, or other designated purpose, which shall be shared by the
Owners of Unit D32A and Unit D32B as provided in the Supplemental Declaration.
B. "Duplex" or "Building" means the improvements constructed upon the Lot.
C. "Lot" or "Building Site" means LotD-3Z, Aspen Glen Filing No. 1, Garfield
County, Colorado.
D.
Reception No.
"Map" means the engineering survey of the Lot filed on
of the Records of the Garfield County Clerk and Recorder,
depicting and locating with specificity the Units and the Access Easement (if any), which land
and improvements are subject to the Supplemental Declaration.
E. "Owner" means a person, persons, firm, corporation, partnership or association,
or other legal entity, or any combination, owning an interest in the Parcels, and shall include,
when the context permits, such Owner's family, agents, guests, invitees and, if such Owner is not
a natural person, such Owner's ultimate natural person beneficial Owners.
F. "LJnit" means either Unit D32A or Unit D32B of the re-subdivision of LotD-3Z,
Aspen Glen Filing No. 1, according to the recorded Map together with the improvements located
upon each respective division of the Lot, the improvements thereon, and appurtenant rights and
obligations.
SECTION III
DESCRIPTION AND RESERVATION
Every contract of Sale, Deed, Lease, Mortgage, Trust Dee, Will or other instrument shall
legally describe a Unit of the Lot or a real property interest therein as follows:
Unit D32A or Unit D32B, (as the case may be) Lot D-32, Aspen Glen
Filing No. 1, according to the recorded Map thereof and according to the Party
Wall Agreement and Supplemental Declaration of Covenants, Conditions and
Restrictions for Lot D-32, Aspen Glen Filing No. 1, recorded in Book
-,
dt
Page _ of the records of the County of Garfield, State of Colorado.
Every such description shall be good and sufficient for all purposes to sell, convey,
PartyWall Revised (3)
transfer, encumber or otherwise affect the Units and all appurtenant rights, benefits and burdens
thereto as created by the provisions of this Supplemental Declaration, and each such description
shall be so construed.
SECTION IV
PROPERTY DIVISION
A. Declarant hereby establishes this plan for the subdivision of the Lot into two
Units for Ownership in fee simple consisting of Unit D32A and Unit D328.
B. If the Map depicts an Access Easement, the owner of Unit D32A and the Owner
of Unit D32B shall each have an undivided interest in the Access Easement. The area on the
Map identified as the Access Easement shall be subject to the applicable provisions set forth in
this Supplemental Declaration.
C. Units D32A and D32B shall each have appurtenant thereto the right to use the
Access Easement for the purposes established in this Supplemental Declaration, which right shall
be inseparable from Unit D32A and Unit D32B and may be conveyed, leased, devised or
encumbered only as such undivided and appurtenant interest.
D. No Owner shall bring any action for partition or division of Unit D32A and Unit
D32B from their appurtenant undivided interests in the Access Easement.
E. In the event Unit D32A and Unit D32B are owned by the same person or entities,
the doctrine of merger shall not apply.
F. The parties, if more than one, having the Ownership of each such Unit shall agree
among themselves how to share the rights and obligations of such Ownership; provided,
however, that if a corporation, partnership, association or other legal entity shall become an
Owner, or the parties, if more than one, have concurrent Ownership of a Unit, then such entity or
concurrent Owners shall from time to time designate one individual who shall represent such
entity or concurrent Owners in all matters concerning all rights and obligations pursuant to this
Supplement Declaration.
G. Any such entity or concurrent Owners shall give written notice to the other Owner
designating the individual to act on its or their behalf and such notice shall be effective until
revoked in writing by such entity or Owners. Any act or omission by such designated individual
shall be binding on the entity or Owners so designating him.
H. Each Unit shall be considered a separate parcel of real property and shall be
separately assessed and taxed.
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SECTION V
ENCROACHMENTS
If any portion of the improvements associated with Unit D32A or Unit D32B now
encroaches upon the other Unit as a result of the construction of any building, or if any such
encroachment shall occur later as a result of settling or movement of any building, or if any such
encroachment shall occur later as a result of settling or movement of any building, a valid
easement for the encroachment and the maintenance of the same so long as the building stands,
shall exist. In the event any building shall be partially or totally destroyed as a result of fire or
other casualty or as a result of condemnation or eminent domain proceedings and then rebuilt,
encroachments of parts of the building on the other Unit, due to such rebuilding, shall be
permitted, so long as such encroachments are of no greater extent than those previously existing,
and valid easements for such encroachments and the maintenance thereof shall exist so long as
the building shall stand.
SECTION VI
PARTY WALL
A. The common wall placed on the cofilmon boundary separating Unit D32A from
Unit D32B, the footings underlying said wall and the portion of roof over such wall are
collectively referred to as the "Party Wall."
B. To the extent not inconsistent with this Supplemental Declaration, the general
rules of law regarding party walls and liability for damage due to negligence or willful acts or
omissions shall apply to the Party Wall.
C. The Owners of either Unit shall have a perpetual easement in and to that part of
the other Unit on which the Party Wall is located, for party wall purposes, including mutual
support, maintenance, repair and inspection. In the event of damage to or destruction of the
Party Wall from any cause, the Owners shall at joint expense, repair or rebuild the Party Wall,
and each Owner shall have the right to full use of the Party Wall so repaired and rebuilt.
Notwithstanding anything contained above to the contrary, if the negligence or willful act or
omission of any Owner, his family, agent or invitee, shall cause damage to or destruction of the
Party Wall, such owner shall bear the entire cost of repair or reconstruction, and an Owner who
by his or her negligent or willful act causes the Party Wall to be exposed to the elements shall
bear the full cost of furnishing the necessary protection against such elements.
SECTION VII
LANDSCAPING, SERVICE FACILITIES AND PARKING
Subject at all times to the relevant provisions of the Master Declaration:
A. The Owners from time to time shall undertake such landscaping and general
outdoor improvements including but not limited to driveway and parking areas as they may
Partywall Revised (3)
mutually and unanimously deem proper for the harmonious improvement of both Units in a
corlmon theme, and each Owner shall be solely responsible for all expenses, liabilities and
general upkeep responsibilities with respect to such landscaping and outdoor improvements on
the Unit of that Owner. The Owner of one Unit shall not unreasonably damage the value of the
other Unit such as by shoddy upkeep outside, but both Owners shall make all reasonable efforts
to preserve a harmonious common appearance of the Units. Nothing contained in the
Supplemental Declaration shall be deemed to prevent either Owner from adding any additional
natural landscaping, trees or similar items to such Owner's Unit, or from installing grass, all at
the sole expense, maintenance and upkeep ofsuch Owner, unless otherwise specifically agreed
to by the Owners themselves.
B. Common utility or service connections or lines, common facilities or other
equipment and property located in or on either of the Units but used in common with the other
Unit, if any, shall be owned as tenants in conrmon in equal undivided one-half interests by the
Owners of each Unit and, except for any expense or liability caused through the negligence or
willful act of any Owner, his or her family, agent or invitee, which shall be borne solely by such
Owner, all expenses and liabilities concerned with such property shall be shared proportionately
with such Ownership. The Owner of the Unit on which such property is not located shall have a
perpetual easement in and to that part of such other Unit containing such property as is
reasonably necessary for purposes of maintenance, repair and inspection.
C. The area, if any, identified on the Map as "Access Easement" shall be a common
access to facilities on both Units. There is created a reciprocal easement and right-of-way for
each Owner over, across and through any Access Easement. The Owners shall have equal right
to the use of such Access Easement and no Owner shall hinder or permit his or her invitees to
hinder reasonable access to the other Owner's Unit, or park or permit his or her invitees to park
any vehicle on the Access Easement in a manner which will prevent access to the other Unit. It
is presumed that snowplowing, heating, and other necessary maintenance of the Access
Easement will be required from time to time, the costs of which will be shared by the Owners.
Other maintenance, repair or improvements <lf the Access Easement may be required from time
to time, and the same shall be undertaken upon the unanimous agreement of the Owners who
shall share all expenses.
SEI]TION VIII
ALTERATION, MAINTENANCE AND REPAIRS
Subject at all times to the relevant provisions of the Master Declaration:
A. In addition to maintenance provided for, the Owners shall, at their own individual
expense with respect to each respective Unit. provide exterior maintenance and exterior repair
upon the Units and the unimproved portions of the Units including, but not limited to, the
exterior walls and the roof housing the Units. Repair and replacement or cleaning of exterior
windows shall be considered interior maintenance. If the need for repair or maintenance is
caused through the negligence or willful act of any Owner, such Owner shall bear the entire cost
of such repair or maintenance, even though the need for such repair or maintenance exists on the
other Owner's Unit.
PartyWall Revised (3)
B. In the event an Owner, at his or her own expense, fails to maintain, preserve, and
replace as needed, the trees, shrubs and grass (the plantings), landscaping or other outdoor items
within the property boundaries of his or her lJnit commensurate with the standards set forth in
the Master Declaration, the other Owner ma1,, after 30 days written notice to the Owner, if such
failure continues and if within that time the offending Owner has failed to make a good faith
effort to bring his or her plantings, landscaping or other outdoor items into substantial
conformity with the neighbors plantings, landscaping or other outdoor items, contract with
responsible parties to bring to standard the olTending Owner's plantings, landscaping or other
outdoor items and charge the offending Owner therefore and such cost shall be added to and
become a charge and lien to which such Unit is subject. The Owner grants to the other Owner,
its agents and assigns, an irrevocable easement to perform the above work.
C. Each Owner shall be solely responsible for maintenance and repair of the inside
of his or her Unit including fixtures and improvements and all utility lines and equipment located
there and serving each Unit only; window glass and frames shall be deemed interior
maintenance. In performing such maintenance and repair, or in improving or altering his or her
Unit, no Owner shall do any act or work which impairs the structural soundness of either Unit or
the Party Wall or which interferes with any easement granted or reserved in this Supplemental
Declaration.
D. Utility or service connections or lines, facilities or other utility equipment and
property located in, on or upon either of the Units, which are used solely to supply a service or
utility to one Unit, shall be owned by the Owner of the Unit using such utility or service and all
expenses and liabilities for repair and maintenance shall be borne solely by the Owner of each
Unit, who shall have a perpetual easement in and to that part of such other Unit containing such
property as is reasonably necessary for purpc'ses of maintenance, repair and inspection. Such
utility or service connections or lines, facilities or other utility equipment which serve both Units
shall be the responsibility of the Owners of both Unit D32A and Unit
D32B and expenses associated therewith shall be borne as provided under Section IX below.
E. No Owner shall make or suffer any structural or design change (including a color
scheme change), either permanent or temporary and of any type or nature whatsoever, upon any
part of his or her Unit without first obtaining the prior written consent of the other Owner. The
Units shall be painted in the same color scheme and at the same time, and both Units shall be
maintained in the same manner. In the case of damage or destruction of any Unit or any part to
be repaired and restored, applying the proceeds of insurance, if any, for that purpose. Such Unit
shall be restored to a condition comparable to that prior to the damage and in a harmonious
manner to promote the common theme of both Units.
SECTION IX
ALLOCATION OF EXPENSES
Costs and expenses of landscaping, service facilities, parking, alteration, maintenance and
repairs, except as caused by the negligence or willful act of an Owner, shall be allocated in the
following proportions:
PanyWall Revised (3)
Unit D32A
Unit D32B
607o
4O7o
SECTION X
MECHANIC,S LIENS: INDEMNIFICATION
A. Except for items incurred as a common expense as provided for in this
supplemental Declaration, if any Owner shall cause any material to be furnished to his or her
Unit or any labor to be performed, the other Owner shall not under any circumstances be liable
for the payment of any expense incurred or for the value of any work done or material furnished;
all such work shall be at the expense of the Owner causing it to be done, and such Owner shall
be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or
materials to his or her Unit or any improvements; nothing shall authorize either Owner or any
person dealing through, with or under either Owner to charge the Unit of the other Owner with
any mechanic's lien or other lien or encumbrance whatever; and, on the contrary, the right and
power to charge any lien or encumbrance of any kind against one Owner or against one Owner's
Unit for work done or materials furnished to the other Owner's Unit is expressly denied.
B. Except as provided for below, if, because of any act or omission of any Owner,
any mechanic's or other lien or order for the payment of money shall be filed against the other
Owner's Unit or any improvements, or against any other Owner (whether or not such lien or
order is valid or enforceable as such), the Owner whose act or omission forms the basis for such
lien or order shall at his or her own cost and expense cause the same to be canceled and
discharged of record or bonded by a surety company reasonably acceptable to such other Owner,
within 20 days after the date of filing, and further shall indemnify and hold the other Owner
harmless from and against any and all costs, expenses, claims, losses or damages, including
reasonable attorney's fees.
SECTION XI
INSURANCE
A. Each Owner shall keep his or her Unit and all fixtures insured against loss or
damage by fire and extended coverage perils (including vandalism and malicious mischief) for
the maximum replacement value, which amount shall be established by mutual agreement of the
Owners. In the event the Owners cannot agree upon the replacement value for purposes of
establishing the level of insurance to be obtained, any Owner may on 30 days' written notice, at
any time one year or longer after the last appraisal of the Units, obtain a written appraisal of such
Units from a competent appraiser, and the cost shall be allocated as set forth in Section D(. Such
appraiser shall be a disinterested and independent third party who is unrelated in any manner to
either Owner whether through joint business adventures or otherwise.
B. Each Owner shall provide and keep in force, for the Owner's protection, general
public liability and property damage insurance against claims for bodily injury or death or
PartyWall Revised (3)
property damage occurring in, on or upon, his or her Unit and any improvements, in a limit of
not less than $ 1,000,000 in respect of bodily injury or death to any number of persons arising out
of one accident or disaster, or for damage to property, and if high limits shall at any time be
customary to protect against possible tort liability, such higher limits shall be carried and each
Owner shall name the other Owner as an additional insured party under such policy.
C. Each Owner shall deliver to the other Owner certificates evidencing all insurance
required to be carried under this paragraph, each containing agreements by the insurers not to
cancel or modify the policies without giving the other Owner written notice of at least 30 days.
Each Owner shall have the right, upon his or her reasonable request, to inspect and copy all such
insurance policies of the other Owner and require evidence of the payment of individual
premiums.
D. Nothing provided in this paragraph shall prevent the Owners from jointly
acquiring a single policy to cover any one or more of the hazards required in this paragraph to be
separately insured against by each Owner.
SECTION XII
DESTRUCTION OF IMPROVEMENTS ON UNIT
A. In the event of damage or destruction to a Unit by fire or other disaster, the
insurance proceeds, if sufficient to reconstruct the Unit, shall be deposited into a bank account
which requires, for withdrawals, the signature of both the Owners, unless otherwise required by
the insurance carriers, in which event the requirements of the insurance carriers shall establish
the method of disbursement. The Owners shall then promptly authorize the necessary repair and
reconstruction work and the insurance proceeds will be applied by the Owners to defray the cost.
"Repair and reconstruction" of the Units mean restoring the improvements to substantially the
same condition in which they existed prior to the damage with such Unit having the same
boundaries as before.
B. If the insurance proceeds are insufficient to repair and reconstruct any damaged
Unit, such damage or destruction shall be promptly repaired and reconstructed by the Owner
using the insurance proceeds and the proceeds of a special assessment against the Owners of the
damaged Unit. Any such assessments shall be equal to the amount by which the cost of
reconstruction or repair of the Unit exceeds the sum of the insurance proceeds allocable to such
Unit. Such assessments shall be due and payable no later than 30 days after written notice of the
assessments. The special assessment provided for in this Supplemental Declaration shall be a
debt of each Owner and a lien on his or her Unit and the improvements and may be enforced and
collected by foreclosure proceedings in the Courts.
C. Notwithstanding the above, the Owners and first mortgagees of any or all of the
destroyed or damaged Units may agree that the destroyed or damaged Units shall immediately be
demolished and all debris and rubble caused by such demolition be removed and the Unit(s) re-
graded and landscaped. The cost of such landscaping and demolition work shall be paid for by
any and all insurance proceeds available. Any excess insurance proceeds shall then be disbursed
to such Owners and their first mortgagees jointly.
PartyWall Revised (3)
SECTION XIII
RIGHT TO LIEN
A. If an Owner, at any time, shall neglect or refuse to perform or pay his or her share
of any obligation required under this Supplemental Declaration, the other Owner may, but shall
not be obliged to, after 15 days written notice unless the circumstances required immediate
action, make such payment or, on behalf of such other Owner, expend such sum as may be
necessary to perform such obligation including, but not limited to, the payment of any insurance
premiums required under this Supplemental Declaration or the undertaking of any work required
under this Supplemental Declaration for repair, restoration or maintenance, and such other
Owner shall have an easement in and to that part of such defaulting Owner's Unit as is
reasonably necessary for such repair, restoration or maintenance.
B. All sums so paid or expended by an Owner, with interest at the rate of ISVo per
year from the date of such payment or expenditures, shall be payable by the Owner so failing to
perform (the "Defaulting Owner") upon demand of the other Owner.
C. All sums so demanded but unpaid by the defaulting Owner shall constitute a lien
on the Unit of the defaulting Owner in favor of the other Owner prior to all other liens and
encumbrances, except: (i) liens for taxes and special assessments; and (ii) the lien of any first
mortgage or first deed of trust of record encumbering such Unit. The lien shall attach from the
date when the unpaid sum shall become due and may be foreclosed in like manner as a mortgage
on real property upon the recording of a notice or claim thereof executed by the non-defaulting
Owner setting forth the amount of the unpaid indebtedness, the name of the Defaulting Owner,
and a description of the Unit. In any such foreclosure or any other collection proceeding, the
Defaulting Owner shall be required to pay the costs and expenses of such proceedings, including
reasonable attorney's fees, all of which costs shall be included in the lien as provided in this
Supplemental Declaration.
D. The lien provided for in this Supplemental Declaration shall be subordinate to the
lien of any first mortgage or deed of trust, including all additional advances. Sale or transfer of
any Unit as the result of judicial foreclosure, mortgage foreclosure through the public trustee, or
any proceeding in lieu of foreclosure, shall extinguish the lien of such assessments as to
payments thereof which become due prior to such sale or transfer, but shall not relieve any
former Owner of personal liability. The mortgagee of such Unit who acquires title by way of
foreclosure or the taking of a deed in lieu of foreclosure shall not, however, be liable for future
assessments on the date it becomes the Owner of such Unit. No sale or transfer shall relieve
such Unit from liability for any assessments thereafter becoming due or from the lien thereof. ln
the event of the sale or transfer of a Unit with respect to which sums shall be unpaid by a
Defaulting Owner, except transfers to a flrst mortgagee in connection with a foreclosure of its
lien or a deed in lieu thereof, the purchaser or other transferee of an interest in such Unit shall be
jointly and severally liable with the seller or transferor for any such unpaid sums.
E. Upon written request of any Owner, mortgagee, prospective mortgagee, purchaser
or other prospective transferee of a Unit, the Owner of the other Unit shall issue a written
Partywall Revised (3)
statement setting forth the amount he or she is owed under this paragraph, if any, with respect to
such Unit. Such statement is binding upon the executing Owner in favor of any person who may
rely thereon in good faith. Unless a request for such statement shall be complied with within
fifteen days after receipt, all unpaid sums which became due prior to the date of making such
request shall be subordinated to the lien or other interest of the person requesting such statement.
SECTION XIV
ALL OWNBRS RESPONSIBLE . ARBITRATION
Both Unit Owners shall be mutually responsible for the administration and management
of the obligations created under the Supplemental Declaration. However, in the event both
Owners cannot mutually agree when a decision is required by this Supplemental Declaration, the
impasse shall be resolved in accordance with the Colorado Arbitration Act. The Owners who
have reached an impasse shall agree upon a single arbitrator who shall be an experienced
operator or manager of a planned community. tn the event the parties are unable to agree upon
the arbitrator within sixty (60) days after written notice, the presiding judge of the District Court
of Garfield County, Colorado, shall appoint an arbitrator qualified as set forth herein upon
application by either party. The decision of the arbitrator shall be binding upon the parties and
judgment upon the determination of the arbitrator shall be entered by the District Court in and for
Garfield County, Colorado. Any and all discovery conducted in conjunction with such
arbitration shall be in accordance with the limited discovery provisions of the Colorado Rules of
Civil Procedure.
SECTION XV
NOTICE
Each Owner shall register its mailing address with the other Owner and all notices or
demands intended to be served upon Owners shall be sent by certified mail, postage prepaid,
addressed in the name of the Owner at such registered mailing address. In the alternative, notice
may be delivered, if in writing, personally to Owners.
SECTION XVI
DURATION OF DECLARATION
Unless amended as herein provided, each provision contained in this Supplemental
Declaration shall continue and remain in full force and effect until December 31,2050, and
thereafter for successive periods of ten years each; unless at least one year prior to December 31,
2050, or at least one year prior to the expiration ofany such ten-year period ofextended
duration, this Supplemental Declaration is terminated by recorded instrument, directing
termination, signed by all Owners and all lien holders having a first mortgage or first deed of
trust of record on any portion of Unit D32A or Unit D328.
PatyWall Revised (3)
l0
SECTION XVII
AMENDMENT OR REVOCATION
This Supplemental Declaration may be amended or revoked only (a) by Declarants so
long as Declarants own both Unit D32A and Unit D328, or (b) upon unanimous written approval
in recordable form of all Owners and all lien holders having a first mortgage or first deed of trust
of record on any portion of Unit D32A or Unit D328.
SECTION XVIII
ENFORCEMENT AND REMEDIES
A. Each provision of this Supplemental Declaration shall be enforceable by any
Owner by a proceeding for a prohibitive or mandatory injunction or by a suit or action to recover
damages. If court proceedings are instituted in connection with the rights of enforcement and
remedies provided in this Supplement Declaration, the prevailing party shall be entitled to
recover its costs and expenses in connection therewith, including reasonable attorney fees.
B. Each Owner agrees that any and all actions in equity or at law which are instituted
to enforce any provisions under this Supplemental Declaration shall be brought in and only in the
District Court of Garfield County, State of Colorado.
C. Failure to enforce any provision of this supplemental Declaration shall not operate
as a waiver of any such provision, the right to enforce such provision thereafter, or of any other
provision hereof.
SECTION XIX
EXERCISE OF RIGHTS
Any exercise of any rights granted under this Supplemental Declaration by one Owner
with respect to the other Owner's Unit, including but not limited to the use of any easement
granted, shall be exercised in a manner which shall not unreasonably hinder, impede or impose
upon such other Owner's use of his or her Unit.
SECTION XX
SUCCESSORS AND ASSIGNS
Except as may otherwise be provided herein, this Supplemental Declaration shall be
binding upon and shall inure to the benefit of Declarant and the Owner of each Unit, and the
heirs, personal representatives, successors and assigns ofeach.
11
PartyWall Revised (3)
SECTION XXI
SEVERABILITY
Invalidity or unenforceability of any provisions of this Supplemental Declaration in
whole or in part shall not affect the validity or enforceability of any other provision hereof.
SECTION XXII
CAPTIONS
The captions and headings in this instrument are for convenience only and shall not be
considered in construing any provisions of this Supplemental Declaration.
SECTION XXIII
CONSTRUCTION
When necessary for proper, the masculine of any word used in this Supplemental
Declaration shall include the feminine or neuter gender, and the singular the plural, and vice
versa.
In Witness Whereof, Declarant has executed this Declaration on the day of
,2OO-.
DECLARANT
Aspen Glen I, LLC, aFlorida limited
liability company
Manager
STATE OF COLORADO
COUNTY OF GARFIELD
Subscribed and sworn to before me this day of 200_, by
Witness my hand and official seal.
My commission expires:
By:
SS.
Partywall Revised (3)
t2
Notary Public
Document procanrin g fee
If document is filed on paper $10,00
If document is filed electronically Cunently Not Available
Fees & forms/cover sheets
are subject to change.
To file electronically, access instructions
for this form/covsr she€t and other
information or prirt copies of filed
docume,nts, visit tr,tt,rt'.so"s.stalc.co. us
and select Business Center.
Paper documents must be typervrilten or machine printed. Aaovz spAcerenorlrcEusEolrLv
Statement of Change
filedpursuant lo 5s7-99-r,r,, et seq. and $7-90-305.5 or g7-90-(r04 or g7-90-701 or $7-90-702or $7-90-705 or
$7-90-804 of the Colorado Revised Statutes (C.R.S)
IDnumber: 20021115832a
1. Entity name:
Thfaemgo{ iq thg Park Townhomes LLC s
2. True name:
(ifdifferoat from {ro cntity name)
Complete llnes 3 - 15 ar appllcable. You mult complete llne 16.
3. Resipation of registered agent of record:
Dateonwhichagentresip.ed, W
Registered agent: (ifan individual)ffi-30 @-@
OR(if a business organization)
Registercd agent skeet addrpss: 9055 East Mineral Cirde #100 a
Centennlal n CO_ . .QQ112 n(Ctty) (Stare) lPostollZlpcade)
The person appointed as registered agent has delivered notice ofthe ohange to ttre entity at the principal
offrce address of its principal officn.
4. Appointnent ofnerv registered agent follorving resignation ofregistered agent ofrecord:
Registeredagent:(ifenindividuat)
----@t)----W-----@i,ia-@OR (ifa busilcss orgnnizgliepl
The person appointed as registered agent in the document has consented to being so appointed.
Page I of6 R*.212117006
Registered agent steet address:
Registered agent mailing address:
(if differcnt frorn above)
Registered agent mailing address:
(if diftirent from abovo)
Nerv principal office
mailing address:
(if different frorn abovo)
(Slrcet ndrne and n@tb€r)
co_
(State) lPostallZipCoda)
(S!r*t name and nttnber or Post Ofice Bu information)
(City)(Stote) (PostallZipCode)
(Protince - if applicable) (Cour,W - if hot US)
5. Change of registered agcnt Dame and/or address of record:
Registered agent: (if an individnal) Osborne E Gene E A g _
oR (if a businoss organization) gast) (Ftrst) Mlddle) (stttrrt)
The penon appointed as registered agent in the document has consented to being so appointed.
Registered agent street address: 9055 East Mineral Circle #100 a
(Street name and amber)
Centennial g
(Ctty)
CO 80112 til
(Stqte) (PosralaipCode)
(Strcet name atd ttwtber or Post Ofllce Bou i,tfomrolion)
(ctt,(State) (PosnlZip Code)
@rovince - f applicable) (Country - if not US)
If the change is being effected by the registered agent, the following statement applies:
The person appointed as registered agent has delivered notice of the change to the entity at the
prinoipal o{fice address ofits prinoipal office.
6. Change of principal offlrce address of record:
Neiv principal office
street address:9055 East Mineral0ircle #100 s
(Street name and number)
Centonnial s COlr 80112
(Ci$ (!tate) (PastoWipCode)
(Proince - if opplicable) (Couttry - if nol US)
(Sbeet nome and runbu or Post Offcc Bat tnfotmation)
Pagc2of 4 R*.2jBltfr6
(Pruvince - if applicable)@-iSnotusl
(required for charrge(s) to 8, 9, 10,
aud/or I I bolorv)
8. Change of entity name of record (LLP, art.6l LLLp or foreign entity ody):
New enti$ name:
9. Change of true name of record (LLB art. 6l LLLP, gereral partnership or foreign entity only):
Nerv kue narne:
10. Change of jurisdiction of formation of record (forcign errriry only):
Nerv jurisdiction of formation:
I L Change of entity form of record lforoign elrity ouly):
Nerv entity form:
12. Other change(s) not provided for above:
Ifotherinfonnatioucontainedinthefileddocumentisbeingchanged,markthisbox f] aneineUae,a*
attachment stating the information to be changed and each such change.
If other information is being added or deleted, mar{i this box E and include ao attachment stating eaoh
addition or deletion.
13. withdrarval of statement of Registration of True Name: (if applicabls nrark lhis u"" f] )
-fnt
,'
r,,!. ]
[ "bank- or "trusf'or any derivative thereof
[ *creditrurion" [ "savingsandloan"
[ "insuranco", "casualty", "nutual", or "sutety"
W
Notice:
Causing 'his document to be delivered to the secretary of state for filing shall constitute lhe affirmation or
acknorvledgment of each individual causing such delivery, under penaiiies of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the documint is the act and deed of the
person on lvhose behalf the individual is causing the document to be delivered for frling taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documen( and the organic
statutes, and that lhe individual in good faith believes the facts stated in the document are true ond the
document complies with the requiremenls of that Part, lhe constituent doouments, and the organic statutes.
This pe_qury notice applies to each individual rvho causes this docrrment to be delivere.d to the secretary of
state, whether ornot such individual is named in the document as one rvho has caused it to be delivered.
14. Use of Restricted Words 1if aay of these
ten ts are contaiiled lh an entity ndue, tn e
natne ofdn enrily, lrade aatne or tradenark
stated in thir doc,onent, nark the applicable
box):
15. (Optional) Delayed eft'ective date:
CHANGE Page 3 of4 Rott,U23lh06
16. Name(s) and address(es) of the
individual(s) causing the document
to be delivered forfiling:Grannell - gMara EA E_(Last) (Firs| A{fidle) ($ulit)
9055 East Mineral Circle #100 E
Centennial s Cltr
(cit, {state)
80112
(PosraWip Code)
(Province- if applicable) (Cautry- if ta aS)
(Ihe dxtonent rce<l not state the tnrc nona and address ofnrore lhdn one tildlvidtnl However, f )w wbh to state lfie name and addr*s
of ony a66,rrno, Otdividub cawing tha dxtnvnt to k deliwredforfiling md* this bx I and include an ouqchment stati,g thE
nrone ond address ofsuch indivtduab)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or rvarranty. While this form is believed to satis$ minimum
legal requirements as of its rcvision date, mmpliance with appiicable larv, as the same may be amended from
tirne to time, remains the responsibility of the user of this form. Questions should be addiessed to the user's
attorney.
Page 4 of4 Rot,?JB1806
(PostaWiPCode)
CYANGE
(Slnt.r) -
EDWARD MULHALL, JR
Scorr BALcoMB
L-a,wRENcE R. GREEN
TlMorHY A. THULSoN
DAVID C. HALLFoRD
CHRTSToPHER L. CoYLE
THoMAS J. HARTERT
CHRISToPHER L. GEIGER
SARA M. DUNN
KENNETH BALCOMB
( I 920-2005)
oF CoUNSEL:
JoHN A. THULSoN
BAr,coluB & GnrcrcN, P.C.
ATTORNEYS AT I/A.w
P. O. DRA\^/ER 79O
8 18 COI,ORADO AYEIirIIE
GLEIYWOOD SPRTNGS, COT,ORADO 416()2
Telephone: 970.945.6546
Facsimile: 970,945.9769
ww.balcombcrrei:fr .com
February 15, 2008
DaNTEL C. WENNocLE
SCoTT GRoSScUP
JoRDAN C, MAY
VIA HAND DELIVERY TO:
Craig Richardson, Senior Planner
Garfield County Building & Planning Department
108 8th Street, Suite 01
Glenwood Springs, CO 81601
Re: Amended Plat of Lot D32, Aspen Glen, Filing 1
Dear Craig:
At the request of George Hanlon I am herewith delivering to you the original mylar of the
Amended Plat of Lot D32, Aspen Glen, Filing 1. This mylar has been signed by the owner of the
property, the owner's surveyor, and me, as the attorney for the owner.
We respectfully request that you present this to the Board of County Commissioners for
its approval at your earliest opportunity. If we can be of any further assistance to you in this
regard, please do not hesitate to contact me.
Very truly yours,
BALCOMB & C
LRG,/bC
Encl.
xc: George Hanlon
tEB I 5 2008