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HomeMy WebLinkAbout1.0 ApplicationJ ---e— Garfield Counoi Building and Planning Department 108 Bch Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF SUBDIVISIONS CI Sketch Plan El Preliminary Plan O Preliminary Plan Amendment 0 Final Plan/Final Plat Final Plat Amendment TYPE OF EX€MPTIONS._. 4 O Minor Exemption O Major Exemption O County Road/Public ROW Exemption O Rural Land Development Exemption O Final Plat Amendment O Conservation Subdivision Yield Plan O Common Interest Ownership Community INVOLVED PARTIES Owner/Applicant Name: RB Homes, Inc. Phone: ( 970 ) 945-5550 Mailing Address: P.O. Box 1989 city: Glenwood Springs E mail: SDBOAT@rof.net State: CO Zip Code: 81602 Representative (Authorization Required Name: Steve Boat Phone: ( 970 ) 945-5550 Mailing Address: P.OBox 1989 city: Glenwood Springs E-mail: SDBOAT@rof.net State: CO Zip Code: 81602 PROJECT NAME AND LOCATION Project Name: 117/123 Riverboat Drive, Lot 8, Filing 5, Riverbend Subdivision, Division Assessor's Parcel Number: 2123 - 343 _ 30 008 Physical/Street Address: 117 and 123 Riverboat Drive Legal Description: Riverbend Subdivision, Filing 5 , Lot 8 .35 acre Zone District: ARRD t'vi Property Size (acres): Existing Use: Duplex in platted Subdivision Proposed Use (From Use Table 3-503): RU Description of Project: DIvIde existing Duplex and lot for Individual ownership of oath hait. Proposed Development Area Land Use Type L, # of Lots T ft of Units 1 Acreage Parking i Single Family - I 2 i 2 --- Duplex ! , Multi -Family 1 -,- ; 1-,--- . Commercial industrial i Open Space 1 i Other ! ' I 1 .L.. L I i Total I 1 REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section: Section: Section: I have read t e statements above and have provided the required attached information which is correct and curate to the best of knowledge. ignatur- ner I 7 Date (2 - OFFICIAL USE ONLY File Number: _ Fee Paid: $ Garfield County Building and Planning Dept. 108 8th Street, Suite 401 Glenwood Springs, CO 81601 October 10, 2012 Dear Planning Department At this time I would like to request the division of the duplex lot 8, filing 5, of the Riverbend Subdivision. The division was permitted at the time of the final platting. The purpose for the division is to allow for individual ownership of each unit. Enclosed please find a Division of Land Application form, a Payment Agreement form, a copy of the title insurance referencing mineral rights ownership and a proposed notice to land owners within 200 feet. A site map was previously submitted. The list of land owners within 200 feet as determined by viewing the Garfield County Assessor's website and is as follows. Crystal M. and Jacob Garrison 139 Riverboat Drive New Castle, CO 81647 212334330010 Angel C. and Bertha Garcia v 159 Riverboat Drive New Castle, CO 81647 212334330011 Jarrod G. and Jocelyn E. Kochevar 152 Riverboat Drive New Castle, CO 81647 212334330015 RB Homes Inc, P.O. Box 1989 Glenwood Springs, CO 81602 212334330009,8,7,6,5,4 Roger A. and Rebecca L. Logan 55 Riverboat Drive New Castle, CO 81647 212334330003 NCIG Financial 8717Delany Ave #215 Playa Del Rey, CA 90293 Thank you for your time and attention in this matter. Please notify me of any questions, clarifications or additional information you may need. RB Homes, Inc. P.O. Box 1989 Glenwood Springs, CO 81602 970-945-5550 Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") K B /ID/KE S , Thi[ agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Piv15-/c„i e r PU?/ PX AA4ID 7-91 j 4.1 S aii L'Easemp Sv3P 1 ti S /D 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the 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. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The 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 County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Owner/Applicant Name: R pox -I i ',&J (' Phone: (9 7 v) 9 5= 5 5 C Mailing Address: /R a. /Box 1 q e City: L rAI ( nc jD %;I 1 65 State: L C) Zip Code: S j 46 3 a E-mail: D 'e 4 R 0 F• AJ E7 c7 Z 2©/7 (D e) Dear Land Owner I have applied to divide lot 8, filing five of the Riverbend Subdivision. It is the lot with the newly built duplex. The reason for the division is to allow for individual ownership of each half using a conventional home loan. The division was platted as permitted use at the time the subdivision was platted. If you have any questions or concerns you may contact Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 970-945-8218 Thank you for your time and attention. Regards Steve Boat RB Homes, Inc. P.O. Box 1989 Glenwood Springs, CO 81602 's Policy -- (6-1.87) .ati as � o� s st a o s� •w a♦ r a*. 3� •e �s� a a+. -�� r�, �. a*u, POLICY OF TITLE INSURANCE ISSUED BY STEWART TIT LE GUARANTY COMPANY H SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 13 AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. v' t • i Q�.•JO,���.y�- , STEWART TITLE -1 N � • —p GUARANTY COMPANY Chairman of the Board Countersigned: W.� Authoriutumato of Glenwood pr�nc. Al -:014 1908 0 e : �EX A5 CompariP 430, [ilvr:wSiOd prings. ^t) A16f32. President City, State EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, t regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the lond; (11) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) o separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these lows, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or o notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dote of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or o notice of o defect, lien or encumbrance resulting from a violation or alleged violation affecting the land hos been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Dote of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant become an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. nere,^, oeicriueu• i lr SCHEDULE ORDER NO.1 90017304 POLICY NO.: 0-9941-399542 DATE OF POLICY: March 19, 1990 at 9:02 P.M. AMOUNT OF 'INSURANCE: 1 i` 1. NAME Q,FINSURED MESA,STRUCTURES. 18Qr000.,O0 .; 1 INC.., ,A COLORADO CORPORATION ! t; - '','''.0,r 2. THE EST.ITE'. OR ;TNTrR 'STr�I! `"f;E L.AND ytrHICH :I S. COVERED LY THIS POLICY,,,] .,,, t , ... . 2 ! i Fee Simple ,.. ' . TITLE TO ,THE .EST, TE, OR INTEREST IN THE LAND IS VESTED I N : MESA STRUCTURES, INC., A COLORADO CORPORATION 4. THE•LAaD REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: PARCEL A: 1. `t r. �y 7 ..AN1 f LOTS 1. 7.►.' 3 ,�-;4 6 , - ,,' !'- D 0 BLOCK 2, :.... LOTS 1, 2, 3, 6, 7, 8, 9 AND 10 SLOC,E .3, AMENDED ,RIVER ND, SUBDIVISION FILING NO. 2 ACCORDING TO fTHE PLAT RECORDED AS RECEPTION NO. 299710 ALSO A parcel of land situated in part of the NE1l4SW1!4 and the NW1 ' SE1!4 of Section 34, Township 5 South, Range 90 West of the Sixth Principal Meridian in the County of Garfield, State of Colorado. Said parcel lying northwesterly of the northwesterly •right of way line for a county road as constructed and in place and easterly and part of a fence as constructed and in place. Said parcel being more particularly described as follows: Commencing at the Southeast Corner of said Section 34, a rock found in place; thence N. 62 degrees 02'56" W. 3357.89 feet to a point on Continued on next page 1i,'THO:t T. C µ p TO '1 N D MADE PART O .- ,TET : ='LE GUARANTY COMPANY POLICY NO. 0-9941-399542 CONTI\I:.\TION OF SCHEDULE A LEGAL DESCRIPTION CONTINUED: said right of way line, said point being also in said fence, ',:he True Point of Beginning; thence, leaving said right of way line N. 24 degrees 09'39" W 744.41 feet alone; said fence, thence, leaving said fence N. 24 degrees 09'39" W. 173.25 feet to a point in the Colorado thence N. 72 degrees 53'00' E. 489.34 feet along said river; thence, leaving said river S. 36 degrees 21'29" E. 730.23 feet to a point on said right of way line; thence, along said right of tray line, S. 33 degrees 10'00" W. 655.91 feet to the True Point of Beginning, Together With the access and utility easements as more specifically described and set forth in the deed to Cunningham Construction and Development. Co. recorded :iia" 28, 1980 in Book 549 at page 172 is Reception No. 304197. (Copy attached) COUNTY OF GARFIELD STATE OF COLORADO PARCEL B LOT 5 BLOCK 2 LOTS 4 AND 5 BLOCK 3 AMENDED RIVERBEND SUBDIVISION FILING NO. 2 ACCORDING TO THE PLAT RECORDED AS RECEPTION NO. 299710 COUNTY OF GARFIELD STATE OF COLORADO �.G'1si: it STEWART TITLE SCHEDULE E POLrc)' NO.: 0-9941-399542 ▪ is POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE c.: P•1NY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH .. _ SE BY REASON OF: 1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PCl3LIC Pt -CORDS. 3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN :11R='•'-\, ENCROACHMENTS, AND ANY r':\CTS ftHICH A CORRECT SURVEY .;ND I\:S?, CTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT SHOWN 7Y '`IE PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL •.ry +`TQFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN 3Y THE PUBLIC RECORDS. 5. UNPATENTED MINING CLAIMS; RESERVATIONS OR EXCEPTIONS IN PATENTS OR AN ACT AUTHORIZING THE ISSUANCE THEREOF; WATER RIGHTS CLAIMS OR TITLE TO WATER. G. Taxes for the year 1990, a lien not yet due and payable. 7. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other 'i.tric•t or :inclusion in any water service or street improvement 8. Fight of the proprietor of a vein or lode to extract and rem,.,ve his ore therefrom, should the same be found to penetrate intersect the premises hereby granted, as reserved in United States Patent recorded May 20, 1892 in Book 12 at Page 156 as Reception No. 1.3992. (E1l2S1/1;'4, W1r2SE1i4 Section 34) q. R'ght of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved, in United States Patent recorded April 5, 1923 in Book 73 at Page 154 as Rvice tion No. 82344. (SE114sE1.4 Section 34) 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 20, 1892 in Book 12 at Page 155 as Reception No. 13991. (NE1i4SE1/4 Section 34 and Iti'1'2SW1I4 Section 35) Continued on next page r7TACE:171 OF ST:KART TITLE G..AR.1N_' COMPANY POLICY No. : 0-9941-399542 ..•.T Y :V ION OF SrH''::DUT E Easement and right of wav for electric t_•ansm ssion lines .ted to the Public Service Company of Colorado ,v C. W. 'Darrow and C. C. Parks in the instrument recorded February 13, 1967 in Book 382 at ;.Lige 170 as Reception No. 237076, affecting the S1.'2 of Section 34. -2. Right of way for ditches or canals constructed by the ao.tority of the United States, as reserved in United States Patent recorded April 5, 1923 in Book 73 at Page 154 as P,_„ -:e tion No. 82344. (SE1 '4SE1!4 Section 341 13. Reservation in paten`. recorded April 5, 1923 in Book 73 at p.f3e 154 as Reception No. 82344, stated as follows: "Reserving, however, to the United States all coal in the lands so entered, and to it or persons authorized by it, the right to r.prc.'spect for, mine and remove coal from the same upon compliance with the conditions of and subject to the limitations :,f the Act of March 3, 1909 (35 Stat . 844) . (SEI: 4SE1 ' 4 Section 341 4. Easement and right of wav for cattle drive as grant -.ed to .. a::'_ Delaney by Daryl G. Richardson and Winifred Richardson in the instrument recorded February 24, 1966 in Book 374 at page 269 9.s Reception No. 233606. . Easement and right of way for electrical transmission line ;ranted to The Public Service Company of Colorado by Daryl G. Richardson and Winifred C. Richardson in the instrument. recorded August 18, 1972 in Book 434 at page 342 as Reception No. 254937, affecting property in the SE1'4 of Section 34 and Sri! .4 of Section 35. 16. Terms, conditions, obligations and restrictions as contained .n Protective Covenants recorded November 26, 1979 in Book 539 at page 985 as Reception No. 299714. 17. Restrictions and easements as shown on •the Record Plat of Amended Riverbend Subivison Filing No. 2 recorded November 26, 1q79 as Reception No. 299710. 18. :-nd ivided one-half interest in all oil, gas and other mineral rights, as reserved by Lloyd W. Tuttle, Earl J. Tuttle, Mc -Lloyd Tuttle and Wayne K. Tuttle in the Deed to Daryl Gene Richardson and Winifred 0. Richardson recorded September 23, 1955 in Book 287 at Page 435 as Reception No. 191504 , and any and all assignments thereof, or interests therein. (S1'2 Section Continued on next page STEWART TITLE GUARANTY COMPANY C (500M 10-89) ..v. :\r':- ED TO AND ADE A PAT OF STE_1RT -iITLF GUARANTY COMPANY POLICY NO.: 0-9941-399542 '0NTIYC.'1TiON OF SCHEDULE B 19. Easement and right of way for public access as stated Agreement between Daryl Richardson and the Game and Fish Commission dated May 15, 1963, recorded June 26, 1963 in Bock 51 at gage 211 as Reception No. 221968. 20. All oil, gas and other minerals as reserved by Hamilton R. Duncan, Jr. in the deed to Cunningham Construction and Development Co. recorded May 28, 1980 in Book 649 at page 172 as Reception No. 304197 and any and all assignments thereof or interests therein. 21. Terms, conditions and effects of the Stipulation Case No. F s,^_V239. Riverberid !lomeowners Association (Plaintiff) and Cunningham Construction & Development Co. (Defendants) recorded January 12, 1990 in Book 771 at page 46 as Reception No. 409097. 22. any question, dispute or adverse claims as to any loss or gain of land as a result of anv change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the Colorado River lying within s•v:h1ei't land; and an question as to the location of such center ..}read, }Zed, bank or channel as a legal description monument or- r•,..t t•k r for purposes of describing or locating subject lands. might of way for the uninterrupted flow of the Colorado River. ***************************************************************** Deed of Trust from Mesa Structures, Inc. A Colorado Corporation to the Public Trustee of Garfield County, for the use of Central Bank Glenwood Springs, National_ association to secure S50,000.00, dated March 1, 1990, recorded March 19, 1990 in Book 774 at Page 745 as Reception No. 410704. STEWART TITLE GUARANTY COMPANY Fred Jarman Garfield County Building and Planning 108 8th Street Suite 401 Glenwood Springs, CO 81601 August 30, 2012 Dear Fred, Please find two copies of a draft drawing showing the proposed division of the existing Duplex and lot, as well as a lot line adjustment for lot 8, filing 5 of the Riverbend Subdivision. The current addresses for the two units are 117 and 123 Riverboat Drive. Please let me know if you have any questions. Sincer:ly, teve Boat P.O. Box 1989 Glenwood Springs, CO 81602 970-945-5550 UtFrrp 11 AUG GAkHbLu (do, BUII_D`NG % PLANN1NC, Account Page 1 of 1 Account: R170396 Location Parcel Number 2123-343-30-008 Situs Address City New Castle ZipCode 81647 Tax Area 017 - 2D -SF - 017 Legal Summary Section: 34 Township: 5 Range: 90 Subdivision: RIVERBEND SUB -DIV FLG 5 Lot: 8 Transfers Sale Price Tax History Tax Year * Estimated Taxes *2012 $502.72 20I1 $415.80 Owner Information Owner Name RB HOMES, INC Owner Address PG BOX 1989 GLENWOOD SPRINGS, CO 81602 Sale Date 12/22/1997 Q1/01/1900 01/01/1900 01/01/1900 Images s Sketch • GIS Assessment History Actual (2012) $159,180 Primary Taxable $12,670 Tax Area: 017 Mill Levy: 39.6770 Type Actual Assessed Acres SQFT Improvement 579.180 Land $80,000 Doc Type Deeds COV Deeds Deeds Units $6,300 1.000 $6,370 0.000 15246,000 0.000 Book Page B: 1048 P: 0636 B: I046 P: 0539 B; Q960 P: 0266 B: 0958_1): 0275 14 O L 1115 a! https:/fact.garfield-county.com/assessor/taxweb/account.jsp?accountNum=R170396 8/30/2012 Garfield Comm), STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of a - G4 it`C3 r. ,Q T-0014(corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is E3 /4 f 5 -f and is formed under the laws of r„kdkr , ., _ _ The mailing address for the Entity is S P AZ 4 S! O $Le. 7 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is 7• V . a47 ilk ilk I The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (If no limitations, insert "None"): Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this day of At © ut 120 / 7.. Signature: Name (pri Title (if any): 07-611.f 30,4 - 71:t5'S , r).5/ -f STATE OF L.010.cAdC5 ) }5S. COUNTY OF G0-1 { Q, d ) The forgoing instrum was acknowledged before me this $ day of -I mie fM b el, 20 la by ,<`t wide Oo 4+ , on behalf of 1Z R j4O t -n e S , a v (5; E 1 o Witness my hand and official seal. My commission expires: 9- g--20/3 (Date) [SEAL] 1111 Pr..Ph( I:14101/41)t filiik1.111:441416M1.61.1iiiii 11111 Reception#. 828752 12/1912012 03.21:03 PM Jean nlberico 1 of 1 Rec Fee:$11 00 Doc Fee:0.00 GARFIELD COUNTY CO NMI Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of 12 B Ho It`ZF� 7:1j[ , a (OLPO RA rio (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is r 8 leloci GS 2/*( C, and is formed under the laws of eff(V L -C) A G The mailing address for the Entity is PG', �0) !a,9 ! e*GG,s4 ezir�i? ]7 ,P S� The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is5'j t ✓E 6 0 The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): jt�f E Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this /`( day of ) r/118j J , 20 Signature: Name (printed): y,A7 Title (if any): pi F'f1 r STATE OF (1-010 «eln ) }S5. 0_ ) COUNTY OF The foregoing instrumgnt was acknowledged before me this q day ofe' (.er i kW, 20 by -PV . oA� , on behalf of a Witness my hand and official seal. My commission expires: . (Date) DEAL) 1-II.1-I1I-I-I-I1I-II1Il111111111111i-111111I11111N-IIN-I111 518608 12/31/1997 02:16P 01046 P636 M PLSDORF 1 of 1 R 6.00 D 0.95 GARFIELD COUNTY CO THIS DEED , Made this day of December 30, 1997 between RB WATER & SENER C 1 PANY, A COLORADO OORPO ATlax of the County of GARFIELD and State of kk Colorado, of the first part, and RB HOMES, MC. F1 P. O. BOX 1989 `? whose legal address is GLF2WOCO SPRINGS, CO 81602 of the County of GARFI ? and State of Colorado, of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the sum of (*****$9,500.00 ) NINE THOUSAND FIVE HUNDRED DOLLARS AND 00/100TH5 to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party cf the second part, his heirs and assigns forever, atl the following described lot or parcel of land, situate, lying and being in the COL._r-tY of GARFThLD • and State of Colorado, to wit: LOTS 1, 2, 3, 4, 5, • 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 AND 16 RIVE2 ENID FILIN NO. 5, ACCORD= 10 THE PLAT lEFOREINF, RECCMED DOCEMOR. 9, 1.997 AS RECEPTION NO. 517550. COUNTY OF GARFIELD STATE OF COLORADO also known as street number VACANT LAND TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in Law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the enseaLing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from atl former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1997 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shalt and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part hes hereunto set his hand and seal the day,and year first above written. - STATE OF COLORADO County of GAIL IELD The foregoing instrument was acknowledged before me on this day of December 30, 1997 , by DIANE R. BOAT, PRT OF RE WATER & WAER CCEIPANY, A COLORADO CO6tPCgtla TICK 'My.cgmnission expires DecEinber 23, 2000 .'.Witness my hand and official seal. _ Glen I believe the language you are looking for is on page 15, Article XIII, Section B, Item 1. Let me know if there is anything else 1 can do. Thanks Steve Boat Adck,iduw' 111111111111111111. I111111111111111111111111111111111111 317841 12/16/1997 01 47P 91046 P539 11 ALSDORF 1 of 17 R 88.00..D 0.00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS FOR RIVERBEND P.U.D. FILING NO. 5 A Common Interest Planned Community The RB WATER & SEWER COMPANY a Colorado Corporation, as the fee owner of RIVERBEND P.U.D. FILING NO. 5 (Subdivision), desiring to insure the development and continuity of the Subdivision as a residential subdivision for itself, its successors, legal representatives, assigns and grantees, hereby declares, to and forthe benefit of all persons who may hereafter purchase and from time to time own lots in the Subdivision that said ownership and holding of said lots shall be subject to the following protective covenants and conditions, all of which shall be deemed to be appurtenant to and run with the land and inure to the benefit of and be binding upon the owners of said lots, their heirs, successors and assigns. ARTICLE I. PURPOSE OF COVENANTS It is the intention of the fee owner of the Subdivision, (hereinafter sometimes Declarant) expressed by the execution of this instrument, that the lands within the Subdivision be developed and maintained as a highly desirable rural residential area. It is the purpose of these covenants that the present natural beauty, natural growth and native setting and surroundings of the Subdivision always be protected insofar as is possible in connection with the uses and structures permitted by this instrument. ARTICLE II. DEFINITIONS • A. SUBDIVISION. Whenever the term "Subdivision" is used in these covenants, it shall mean all the lands included in the Riverbend P.U.D. Filing No. 5, and as described on the plat filed for record with the Office of the Clerk and Recorder,GarfieId County, Colorador as Reception 51155 0 No. , Book , Page .. The Subdivision is a common interest planned community located entirely in Garfield County, Colorado. The Subdivision shall popularly be known as " Riverbend . Filing No. 5 Subdivision" and the homeowner's association shall be known by that name. B. RESIDENCE. The term "Residence", "Unit" and "Dwelling" as used herein shall mean the sixteen (16) single family structures as depicted on the plat of the Subdivision above referenced. C. RESIDENTIAL PURPOSE. The term "Residential Purpose" as used herein shall be construed and held to include the use of a residence as a home and principal dwelling place by the owner thereof. Rental of said unit shall be permissible only if rented to a single family. r, J ti 01111111111111111111111111111111(1111111111111111111 517841 12/16/1997 01:47P 61046 P540 M ALSDORF 2 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO D. FAMILY. The term "single family" shall mean a household composed of a husband and wife, children and other relatives, or any combination of a man or wife and children or other relatives, having natural or moral duties to one another. E. ASSOCIATION. The term "Association" shall mean the Riverbend Filing No. 5 Homeowner's Association. The Association shall be a not-for-profit Colorado corporation formed for the purpose of operating the homeowner's association with the Subdivision. F. BOARD. The term "Board".shall mean the Board of Directors of the Association. All other terms as used herein shall be defined consistent with the meanings contained at C.R.S. 38-33.3-103 or as otherwise defined under the Colorado Common Interest Ownership Act, C.R.S. 38-33.3-101, et seq. G. Architectural Control Committee. The term "Architectural Control Committee" shall mean the administrative body responsible for the enforcement and administration of the provisions governing architectural control set forth in Paragraph V herein. The Architectural Control Committee shall be composed of the Board and two (2) lot owners elected or otherwise designated by the owners of lots within Riverbend Filing No. 1 Subdivision, Riverbend Filing No. 2 Subdivision, and Riverbend Ranchettes ARTICLE III. MEMBERSHIP IN RIVERBEND P.U.D. FILING NO. 5 HOMEOWNERS ASSOCIATION, INC. All persons or associations (other than the Association) who own or acquire the title in fee to any of the lands in the Subdivision shall automatically become members of the Association. The owner or owners of each lot shall be entitled to one (1) vote for each lot owned and shall be liable to pay assessments on the basis of one sixteenth (1/16) of all assessments for each lot owned In the event title to any lot is obtained by eminent domain procedures by a public utility and used for utility purposes, the fractional interest of each owner shall be modified to reflect the number of lots remaining after such taking. For example, if one lot is so taken, the fractional interest of each owner shall be 1/15th. In the event additional lots are added to the Subdivision pursuant to Article XIII A. 2. herein, the converse shall apply -- the fractional interest of each owner shall be modified to reflect the number of lot(s) added by Declarant. For example, if one lot is so taken, the fractional interest of each owner shall be 1/17th. ARTICLE IV. Riverbend PUD Filing 5 Protective Covenants Page 2 111111 111111111111111111111111111111111111111111111111 517841 12/18/1997 01:47P 81046 P541 M ALSDORF 3 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO MEMBERSHIP IN THE RIVERBEND WATER AND SEWER COMPANY All persons or associations (other than the Association) who own or acquire the title in fee to any of the lands in the Subdivision shall automatically become members of the Riverbend Water and Sewer Company, a Colorado non-profit corporation, shall be issued certificates to reflect the same and shall be required to execute a written service contract with the corporation for domestic water and sewage treatment. The owner or owners of each lot shall be entitled to one (1) vote for each lot owned. For purposes of this paragraph, the owner of each unit within the heretofore denominated multi -family units shall be deemed to be a lot owner. Pursuant to the procedures set forth in its Articles of Incorporation and the Subdivision Improvements Agreement executed by the Declarant and Garfield County, additional memberships shall be issued by the Riverbend Water and Sewer Company to the lot owners within the Riverbend Subdivision Filings Nos. 1 and 2 and Riverbend Ranchettes, more particularly described in Exhibit A attached herewith,who execute service contracts with the Riverbend Water and Sewer Company for the purpose of receiving water and sanitary sewage disposal services from the Company. ARTICLE V. ARCHITECTURAL CONTROL A. PLAN SUBMITTALS. Before anyone shall commence the construction, remodeling, addition to, or alteration of any building, swimming pool, wall, fence or other structure whatsoever, on any lot, there shall be submitted to the Architectural Control Committee two (2) complete sets of the plans and specifications for said work, and no such structure or improvement of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations and specifications therefor have received such written approval as herein provided. The plans and specifications shall be submitted to the Architectural Control Committee and approval received from the Architectural Control Committee prior to application for a building permit from Garfield County or other public entity having jurisdiction thereof. Such plans shall include plot plans showing the location on the lot or property of the wall, fence or other such structure proposed to be constructed, placed, altered or maintained, and elevation of same, together with the proposed color schemes for roofs and exteriors thereof, indicating materials for the same. The Architectural Control Committee shall have the right to refuse to approve any such plans or specifications which are not suitable or desirable, in its opinion, for aesthetic or other reasons, and in so passing upon such plans and specifications, it shall have the right to take into consideration the suitability of the proposed building, structure or other improvement and the materials of which it is to be built, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the Riverbend PUD Filing 5 Protective Covenants Page 3 1 IHILL 11111 111111 111111 11111 LILIlIlIlL 11111111 1I1L 1111 517841 12/16/1997 01:47P 01046 P542 M ALSDORF 4 of 17 R 66.00 D 0.00 GARFIELD COUNTY CO effect of the building or other structure as planned on the view -plane from the adjacent or neighboring property. All plan submittals shall meet the following criteria: 1. Each single family dwelling shall have a ground footprint of no less than 850 square feet of finished living area, exclusive of open porches, garages, balconies and decks. 2. Each multi -family dwelling shall have a combined ground footprint of no less than 850 sq. feet of finished living area exclusive of open porches, garages, balconies and decks. 3, No building shall exceed 27 feet in vertical height measured from the finished elevation of the intersection of the center of the front street with a line drawn from the center of the lot perpendicular to the front line of the lot, such total height to include the roof. 4. No building or any part thereof shall be erected on any lot closer to the respective lot lines and as follows: a. Single-family units. (1) Front lot line 25 feet. (2) Rear lot line 25 feet (3) Side lot line 10 feet or one-half the height of the principal building, whichever is greater b. Multi -family (1) Front lot line 25 feet (2) Rear lot line 25 feet (3) Side lot line 10 feet or one-third the height of the principal building, whichever is greater Eves, steps and open porches shall not be considered part of the building in computing set- backs. 5. Siding materials shall be stucco, brick, rock, wood, masonite siding and such other materials as may be approved by the Architectural Control Committee. Roofing materials shall be fiberglass shingles, colored clay, colored metal or clay or concrete tile, the colors of said materials to be approved by the Architectural Control Committee. Riverbend PUD Filing 5 Protective Covenants Page 4 111111111111111111111111111111111 1111111111111111111111 517841 12/16/1997 01:47P B1046 P543 M ALSDORF 5 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO 6. All building foundations shall be designed by engineers licensed to practice in the State of Colorado. 7. Except to the extent necessary for construction purposes, living trees the trunk of which is two inches (2") or more in diameter and which naturally exist upon a lot shall not be cut, trimmed or removed from such lot except as may be approved by the Architectural Control Committee. 8. The area of irrigated lawn for each lot shall not exceed 3,500 square feet. The balance of the lot shall be seeded in native grasses not requiring irrigation (e.g. crested wheat), indigenous trees, bushes and shrubs may also be planted. Vegetable and flower gardens not exceeding 500.square feet in area may be irrigated. 9. Neither external television nor radio antennas shall be allowed except such antennas as may be approved in writing by the Architectural Control Committee. 10. No elevated tanks of any kind shall be permitted on any lot for storage of gas, fuel, water, oil or other substances. Any storage tank shall be buried below ground level. 11. Each dwelling shall provide off-street parking for at least two standard sized automobiles. B. VARIANCES. The Architectural Control Committee may grant variances from the strict application of these protective covenants, subject to the following conditions: 1. A detailed written application for variance shall be submitted to the Architectural Control Committee supported by plat or drawings and with the processing fee of $25.00 plus any costs or fees the Committee may incur in having the request evaluated or reviewed. 2. Proof acceptable to the Architectural Control Committee of at least ten (10) days advance written notice to all Subdivision property owners within two hundred (200) feet from the exterior boundaries of the site. 3. The variance granted shall conform to all building, zoning and/or other ordinances of the County of Garfield where an appropriate variance shall have been approved by the County of Garfield. Riverbend PUD Filing 5 Protective Covenants Page 5 1 111111 11111 111111 111111 111111111 111111 111 11111 1111 1111 817841 12/16/1997 01:47P 81046 P544 M ALSDORF 6 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO 4. An affirmative finding by the Architectural Control Committee that the variance will not create substantial adverse effects on other Subdivision lot owners and is in conformity with the quality and objective standards of the Subdivision. C. ARCHITECTURAL CONTROL COMMITTEE NOT LIABLE. The Architectural Control Committee shall not be responsible to any person or entity in any manner whatsoever for any defect in any plans or specifications submitted or as revised by the Architectural Control Committee, nor for any work done pursuant to the requested changes of said plans and specifications. ARTICLE VI ASSESSMENTS D. ASSESSMENTS. Each lot owner shall be obligated to pay any assessments duly imposed by the Association in the percentage set forth in Article III above. To the extent the Association is responsible therefor, assessments may be duly levied for purposes necessary to promote the health, safety and welfare of the lot owners and residents of the Subdivision, including, but not limited to, payment of the expenses for maintaining, improving and snowplowing all roads; maintenance of open space, including revegetation thereof; taxes, utility charges and insurance premiums applicable to the open space and common facilities; and all other costs of the operation of the Association and the performance of its various functions as set forth herein or required by law. Each owner of any lot, by acceptance of a deed therefor, whether or not it is so expressed in the deed, shall be deemed to covenant and agree with each other and with the Association to pay to the Association annual assessments for the purposes set forth herein and any special assessments for capital improvements or other matters provided for herein. E. ANNUAL ASSESSMENTS. The total annual assessments against all lots shall be based upon advance estimates of cash requirements for the Association to provide for the payment of all estimated expenses arising from, or connected with, the functions of the Association as set forth herein and any other expenses or liabilities which may be regularly incurred by the Association for the benefit of the lot owners. F. SPECIAL ASSESSMENTS. In addition to the annual assessments authorized by this Article, the Association may levy a special assessment, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement, or for any other expense, including a capital expense, incurred or to be incurred as provided in these Protective Covenants or the Articles Riverbend PUD Filing 5 Protective Covenants Page 6 1 111111 11111 111111 111111 11111 1111 111111 111 11111 1111 1111 517841 12/16/1997 01:47P B1046 P545 A AL.SDORF 7 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO or Bylaws of the Association. Any such special assessment shall be paid in the same prorated manner as annual assessments. G. ADOPTION OF BUDGET. Within thirty (30) days after the adoption of the annual budget, the Board of the Association shall mail a summary of the budget to all lot owners and shall set a date for a meeting of the lot owners to consider ratification of the budget not less than fourteen (14), nor more than sixty (60), days after mailing of the summary. Unless at the meeting seventy- five percent (75%) of all lot owners reject the budget, the budget shall be ratified. In the event the proposed budget is rejected, the budget last ratified by the lot owners shall be continued until a subsequent budget is proposed and ratified. H. NOTICE OF ASSESSMENTS. The Association shall give written notice to each lot owner, sent to that owner's address as it appears on the records of the Association, as to the amount of any annual assessment with respect to his lot on or before twenty (20) days prior to the date upon which that assessment shall be due and payable. Failure of the Association to give timely notice of any assessment as provided herein shall not affect the liability of the lot owner for such assessment, but the date when payment shall become due in such case shall be deferred to a date twenty (20) days after such notice shall have. been given. Except as otherwise determined by the Board, notice of special assessments shall be in accordance with the procedures set forth herein for annual assessments or in accordance with such other procedures as may be determined by the Board of Directors. All assessments shall bear interest at the rate of twelve percent (12%) per annum from due date until paid. 1. ENFORCEMENT OF ASSESSMENTS. Any delinquent assessment may be enforced or collected in any one or combination of manners set forth in these Protective Covenants. The pursuit of any course of action as a means of collecting or enforcing an assessment shall not be deemed to waive the right of the Association to pursue any other method, either at the same time or subsequently. No owner may exempt himself from liability for his contribution toward any assessment by waiver of the use or enjoyment of any benefit of lot ownership of Association membership or by abandonment of his lot. The Association, and it alone, shall be charged with the responsibility of collecting and enforcing any delinquent assessment and, regardless of the means it employs to do so, the lot owner or other person charged with responsibility for any assessment shall pay the attorney's fees and costs incurred by the Association in collecting and enforcing the assessment. J. PERSONAL OBLIGATION OF LOT OWNER AND PURCHASER. All sums assessed by the Association, together with interest, attorney's fees and costs, shall constitute a lien on the lot assessed, which lien shall be superior and prior to all other liens and encumbrances, excepting only: Riverbend PUD Filing 5 Protective Covenants Page 7 11111111111111111111111111111111111111111111111 1111 1111 517841 12/16/1997 01:47P 81048 P548 M ALSDORF 8 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO 1. liens and encumbrances recorded before the recordation of this Declaration; 2. a security interest on the lot which has priority over all other security interests on the lot and which was recorded before the date on which the assessment sought to be enforced became delinquent; provided, however, the lien created by this paragraph shall be prior tosuch security interest to the extent of the assessments based on the budget of the Association which would have become due, in the absence of any acceleration, during the six (6) months immediately preceding institution by either the Association or any party holding a lien senior to any part of the lien of the Association created under this paragraph of an action or a non judicial foreclosure either to enforce or to extinguish the lien; 3. liens for real estate taxes and other governmental assessments or charges against the lot; Recording of this Declaration shall constitute record notice and perfection of the lien of the Association. No further recordation of any claim of lien for assessments shall be required. A lien created under this paragraph, however, shall be extinguished unless proceedings to enforce the lien are instituted within six (6) years after the full amount of the assessments become due. Such lien may be enforced by foreclosure of the defaulting owner's lot by the Association in the same manner in which mortgages on real property may be foreclosed in Colorado. The lot owners shall be required to pay the Association any assessments against the lot which become due during the period of foreclosure and these assessments shall be automatically included in the amount of the lien. The Association. shall have the power to bid on the lot at the foreclosure sale and to acquire and hold, convey, lease, encumber, use or otherwise deal with the lot. K. STATEMENT OF UNPAID ASSESSMENTS. The Association shall furnish to a lot owner or such lot owner's designee, or to a holder of a security interest or its designee, upon written request delivered personally or by certified mail, first class, postage prepaid, return receipt to the Association's registered agent, a written statement setting forth the amount of unpaid assessments currently levied against such owner's unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board of Directors and every lot owner. If no statement is furnished to the lot owner or holder of a security interest or their designee, delivered personally or by certified mail, first class, postage prepaid, return receipt requested, to the enquiring party, then the Association shall have no right to assert a lien upon the lot for unpaid assessments which were due as of the date of the request. Riverbend PUD Filing 5 Protective Covenants Page 8 1111111111111111111111111111111111111111111111111111111 517841 12/16/1997 01:47P B1046 P547 11 Ai.SDORF 9 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO ARTICLE VII GENERAL RESTRICTIONS ON USE L. ZONING REGULATIONS. No lands within the Subdivision shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the applicable zoning regulations of Garfield County, Colorado. M. BUSINESS, COMMERCIAL OR TRADE USES. No lands in the Subdivision shall ever be occupied or used for any commercial, business or trade purpose and nothing shall be done on any of said lands which is a nuisance or might become a nuisance to the owner or owners of said lands, with the exception, however, that the use of a portion of the lands for sale of lots by the Declarant shall be permitted. Use of a residence for a business purpose shall be authorized provided such use is non -observable from other lots, does not generate any vehicular traffic or noise and does not alter the premises in any fashion. N. ANIMALS AND AGRICULTURE. Residents may keep a dog, cat or other animal which is a bona fide household pet on lands within the Subdivision, so long as such pet is not kept for commercial purposes and does not make objectional noises or otherwise constitute a nuisance or inconvenience to any of the residents of the Subdivision. No cattle, sheep, goats, pigs, poultry or other livestock shall be kept or maintained on any lot. No lands shall be used for agricultural purposes except for normal residential gardening of flowers, fruits and vegetables. Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board. No farm or ranch animals shall be permitted to be boarded within the Subdivision. A lot owner shall be entitled to keep a maximum of one (1) mature dog on his property. A mature dog shall be considered to be any dog older than four (4) months. The owner shall at all times exercise control over his or her pet and the same 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 lot owned by the persons where the dog is housed unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, "electric fenced," kenneled or housed at all times. Metal fencing will be allowed for the purposes of kenneling dogs. Location of kennels shall be subject to review of the Board. The Board shall have the right to assess and.enforce penalties against owners violating these restrictions applying to dogs as follows: 1. One Hundred Dollars ($100.00) for the first violation committed by an owner's dog; 2. One Hundred Dollars ($100.00), plus an additional Fifty Dollars ($50.00) for each subsequent violation, such that the fine increases in Fifty Dollar ($50.00) increments for each succeeding violation. Riverbend PUD Filing 5 Protective Covenants Page 9 11111111111111111111111111111 I111 X11111 Ill 1111111111111 517841 12/16/1897 01:47P B1046 P548 M ALSDORF 10 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO Should any dog be caught chasing or molesting deer, elk, poultry or any domestic animals, the Board shall be authorized to prohibit the lot owner from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other lot owners' domestic animals. Areas where a lot owner keeps any animals shall be kept clean and free of refuse, insects and waste at all times. No commercial animal breeding activities of any kinds shall be permitted within the Subdivision. Notwithstanding the foregoing, no animal(s) may be kept within a lot or the residence which, in the good faith judgment of the Board, results in any annoyance or is obnoxious to residents in the vicinity or to lot owners within the Subdivision. Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board. 0. SIGNS. No advertising or signs of any character shall be erected, placed, permitted or maintained on any lot or structure within the Subdivision other than one (1) "For Sale" or "For Rent" sign not to exceed three (3) feet by six (6) feet in size approved by the Board and a name plate and street number of the occupant P. UNDERGROUND UTILITY LINES. All utility pipes and lines within the limits of the Subdivision must be buried underground and may not be carried on overhead poles nor above the surface of the ground. All such services must be buried underground from the point where said utilities take off from transformers and terminal points supplied by the developer. Existing overhead power lines now in place are excepted. Q. CONSTRUCTION OF DWELLING HOUSE. All construction and alteration work shall be prosecuted diligently, and each building, structure or improvement which is commenced on any residential lot shall be completed within twelve (12) months from the commencement of construction. No persons may live in or use as a dwelling place a partially constructed building. In the event of a breach of this covenant, the Declarant and/or the Association shall have the right to complete construction of any uncompleted building, structure and improvement at the cost and expense of the Owner, which cost and expense shall become a lien against the property the same as a lien for assessments and which may be enforced as a lien for assessments. R. TEMPORARY STRUCTURES. No temporary house, trailer, tent, garage or outbuilding shall be placed or erected upon any part of any lot in the Subdivision; provided, however, that during the actual construction of any improvement on any lot, a necessary temporary building for the storage of materials may be erected and maintained by the person doing the construction. Riverbend PUD Filing 5 Protective Covenants Page 10 i 111111 11111 111111 111111 11111 1111 111111111111111111111 517841 12/16/1997 01:.47P B1046 P549 M ALSDORF 11 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO S. TOWERS AND ANTENNAS. No towers or radio and television antennas shall be erected or permitted to remain on any residential lot within the Subdivision except that normal radio and television antennas attached to a dwelling house may project up to six (6) feet above the highest point of the roof of the structure. Satellite dishes shall be permitted as approved by the Board. T. EXTERIOR LIGHTING. All exterior lighting and light standards on residential lots shall be approved by the Board for harmonious development and the prevention of lighting nuisance to other residents of the Subdivision. U. WATER SYSTEM. Domestic water shall be provided to each dwelling pursuant to written service contract with the Riverbend Water and Sewer Company; the construction, operation and/or maintenance by the lot owner of wells or other facilities designed to provide domestic water is prohibited. V. SEWER SYSTEM. Sanitary sewage disposal shall be provided to each dwelling pursuant to written service contract with the Riverbend Water and Sewer Company; the construction, operation and/or maintenance of individual septic tanks, leach fields or other facilities designed or used to dispose of sewage waste is prohibited W. WALLS AND FENCES. Walls and fences shall be limited to six (6) feet in height measured from the adjoining ground surface inside the wall or fence. No chain link fences shall be permitted, except for kennels. X. CLEANLINESS AND UNSIGHTLY GROWTH. Each lot shall at all times be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed on any lot so as to be visible to any neighboring lot or road. Each Iot shall be limited to a maximum of irrigated lawn area as shall be specified in an agreement to be entered into between the developer, RB Water and Sewer Company and Garfield County, Colorado. Y. FIREPLACES AND STOVES. No open hearth, solid fuel devices will be allowed anywhere within the Subdivision. All dwelling units will be allowed an unrestricted number of natural gas burning fireplaces or appliances. All dwelling units will be allowed one (1) new woodburning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder. P.... LOW FLOW PLUMBING FIXTURES. Low water flow toilets, showers, faucets shall be installed and utilized at all times in all dwelling units. Riverbend PUD Filing 5 Protective Covenants Page 11 1 111111 11111 111111 111111 11111 1111 111111111111111111 1111 517841 12/16/1997 01:47P B1046 P550 M ALSDORF 12 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO ARTICLE VIII ROADWAYS All roadways within the Subdivision shall be public; provided, however, the Association shall maintain all such roadways, including snow removal.. ARTICLE IX WATER All domestic and irrigation water for the Subdivision shall be provided by The Riverbend Water and Sewer Company Title to the water rights shall be vested in The Riverbend Water and Sewer Company Membership in the The Riverbend Water and Sewer Company shall be limited to those residents of Riverbend PUD Filing 1, 2 and 5. ARTICLE X SEWER All sanitary sewage treatment for the Subdivision shall be provided by The Riverbend Water and Sewer Company Title to all facilities incident thereto shall be vested in The Riverbend Water and Sewer Company Membership in the The Riverbend Water and Sewer Company shall be limited to those residents of Riverbend PUD Filing 1, 2 and 5. ARTICLE XI EASEMENTS AND OPEN SPACE Easements and rights of way in perpetuity are hereby reserved for the erection, construction, maintenance and operation of wires, cables, pipes, irrigation ditches (in addition to any irrigation ditches which now exist in place), conduits and apparatus of the transmission of electrical current, telephone, television and radio lines and for the furnishing of water and gas in the street or for the furnishing of other utility purposes, together with the right of entry for the purpose of installing, maintaining and improving said utilities along, across, upon and through those portions of the subdivision identified and set forth in the plat of the Subdivision above referenced. All easements of record and areas designated "Green Belt Area" or "Common Area" on plats of the Subdivision, as finally recorded, are hereby reserved for the common use of the owners of lots within the Subdivision for recreational purposes or such purposes as may be determined by the Association. Riverbend PUD Filing 5 Protective Covenants Page 12 11E11 11111111111111111 11111O111111111111111 Ill Illi 517841 12/16/1997 01:47P 61046 P551 M ALSDORF 13 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO ARTICLE XII ENFORCEMENT A. JUDICIAL RELIEF. Any violation of the provisions, conditions or restrictions contained herein shall authorize the Declarant, the Association or any lot owner to apply to any court of law or equity having jurisdiction thereof for an injunction or proper relief in order to enforce the same. No delay on the part of the Declarant or any other person in the exercising of any right, power or remedy contained herein shall be construed as a waiver thereof or an acquiescence therein. Various rights and remedies of all persons hereunder shall be cumulative and the Declarant, the Association or any lot owner may use any or all of said rights without in any way affecting the ability of the Declarant, the Association of any lot owner to use or rely upon or enforce any other right. Any lot owner found by a court to have violated these covenants shall be liable to the prosecuting party for all costs, including attorney fees. B. DECLARANT'S RIGHT TO REMEDY VIOLATIONS. If the owner of any lot shall default in the performance of any covenant or condition hereof or shall violate any of the covenants or rules herein contained, the Declarant or the Association may, after thirty (30) days notice to said owner, or without notice if in the opinion of the Declarant or Association an emergency exists, perform such covenant or condition or remedy such violation for the account and at the expense of the said owner. If the Declarant or Association shall incur any expense, including reasonable attorneys' fees in instituting, prosecuting (including an action against an owner for default or violation), or defending any action or proceeding instituted by reason of any default or violation, said expenses shall be included and added to any judgment made or given to the Declarant or Association. ARTICLE XIII SPECIAL DECLARANT RIGHTS AND DEVELOPMENT RIGHTS All special declarant rights/development rights set forth in this section are applicable between the Declarant, its successors and assigns, and any subsequent Owner of Lots in Subdivision (hereinafter in this paragraph "property"). Nothing herein shall discharge the Declarant or others exercising special declarant/development rights' to obtain any required approvals from the appropriate governmental entities and comply with any and all resolutions, ordinances, statutes and law relating to the exercise of such development rights. If these special declarant/development rights are exercised in any portion of the described property, the Declarant is not precluded from exercising saidt rights in any portion of the remainder of such property at a later date. No statement is made as to the order in which portions of the property are added or subject to the exercise of special declarant/development rights. The Declarant hereby reserves the following development rights and Riverbend PUD Filing 5 Protective Covenants Page 13 111111111011111111111111111111111111111111111111111111 517841 12/16/1997 01:47P 81045 P552 M ALSDORF 14 of 17 R 88.00 D 0.00 GARFIELD COUNTY CO other special Declarant rights for exercise within twenty-five (25) years of the date of this Declaration: A. SPECIAL DECLARANT RIGHTS. The following special declarant rights are reserved by Declarant: 1. to complete all subdivision improvements indicated on the plat filed on record with the Office of the Clerk and Recorder,Garfield County, Colorado, as Reception No. 512550 Book Page and the maps, plans and specifications filed with the Garfield County Department of Building and Planning. 2. to exercise all development rights set forth at Article XIII.B. herein. 3. to maintain a sales office and/or management office upon any unsold lot within the subdivision and to place advertising signs therein. 4. to use easements through the common elements for the purpose of making improvements within the subdivision or within real estate which may be added to the subdivision. 5. to make the Riverbend PUD Filing 5 Homeowners Association subject to a master association. 6. to appoint or remove any director or officer of the Riverbend PUD Filing 5 Homeowners Association. The powers reserved to Declarant under this subparagraph 6 are expressly subject to the following: a. Not later than sixty (60) days after conveyance of twenty-five(25) percent of the units that may be created to unit owners other than Declarant, at least one member and not less than twenty-five(25) percent of the members of the Board must be elected by unit owners other than Declarant. b. Not later than sixty(60) days after conveyance of fifty(50) percent of the units that may be created to unit owners other than Declarant, not less than thirty- three(33) and one -there percent of the members of the Board must be elected by unit owners other than Declarant. c. Regardless of the period control provided Declarant under this declaration, said control shall terminate no later than either sixty(60) days after conveyance of seventy-five(75) percent of the units that may be created to unit owners other than Riverbend PUD Filing 5 Protective Covenants Page 14 111111111111111111111111111111111111111111111111 01111 517841 12/16/1997 01:47P 81046 P553 M ALSDORF 15 of 17 R 85.00 D 0.00 GARFIELD COUNTY CO Declarant, two years after the last conveyance of a unit by Declarant in the ordinary course of business or two years after any right to add new units was last exercised. 7. to amend or supplement the Declaration and/or plat in connection with the exercise of the development or special declarant rights set forth herein B. DEVELOPMENT RIGHTS The following development rights are reserved by Declarant: 1. Declarant shall have the right to divide into to separate interests, Lots 5 through 9, depicted on the plat filed for record with the Office of the Clerk and Recorder, Garfield County, Colorado as Reception NO. _, Book -. ' , Page _. 17 550 12/ 8'/ 97, 2. Declarant shall have the right, subject to the terms and conditions of the contract between Declarant and Riverbend Water and Sewer Company, filed for record with the Clerk and Recorder of Garfield County, Colorado as Reception N 6961Book Ioy3, Page135 to connect without tap fee or other charges, twenty-one(21) residential units to the water and sewage treatment systems owned and operated by the Riverbend Water and Sewer Company. In the event excess capacity remains in the water system and/or the sewer system after said twenty-one(21) units have been connected thereto, Declarant shall have the exclusive right to utilize, without incurring tap fees or other charges, all said remaining excess capacity. 4. Declarant shall have the right to utilize for its own purposes, all water and water rights not consumed or otherwise utilized by the homeowners within the Subdivision or Riverbend PUD Homeowners Association stemming from the following sources: 5. Declarant shall have the right to withdraw property from the Subdivision or from any added property or to convert property presently subdivied for residential use into open space The property subject to this right of withdrawal shall include all lands within .the Subdivision. ARTICLE XIV MAXIMUM NUMBER OF RESIDENTIAL UNITS • The maximum number of residential units that may be developed .within the subdivision is twenty one (21). ARTICLE XV GENERAL PROVISIONS Riverbend PUD Filing 5 Protective Covenants Page 15 1111111111111111111111111111111111111111111111111111111 517841 12/16/1997 01:47p B1046 P554 M ALSDORF 16 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO Dated this STATE OF COLORADO ) COUNTY OF GARFIELD ) day of ss. Oecgiaa, , 1997 RB WATER & SEWER COMPANY, INC. By: Diane R. oat, President The foregoing instrument was subscribed and sworn to before me this il„ day of 0. k , 199A, by Diane R. Boat, President of RB Water & Sewer Co. Witness my hand and official seal. Address: My commission expires: /Dh c/%98 Riverbend PUD Filing 5 Protective Covenants Page 17 � Notary Public r, 7 ., . 111111 11111 111111 111111 loll 1111 111111 011111111111111 517841 12/16/1997 01:47P B1046 P555 M ALSDORF 17 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A EXISTING SERVICE AREA FOR RIVERBEND WATER AND SEWER COMPANY Water and Sewer Service A. Riverbend Subdivision No. 1 1. Block 1, Lots 1-10 2. Block 2, Lots 1-7 B Riverbend Sudivision Filing No. 2 Block 1, Lots 1-6 Block 2, Lots 1-13 Block 3, Lots 1-10 C. Riverbend Ranchettes Ranchette A Ranchette C (3 water taps) Water Service Riverbend Ranchettes Ranchette B • r I 111111 11111 11111 111111 111111111 111111 111 111111 111 1111 517841 12/16/1997 01:47P 61046 P555 M ALSDORF 17 of 17 R 86.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A EXISTING SERVICE AREA FOR RIVERBEND WATER AND SEWER COMPANY Water and Sewer Service A. Riverbend Subdivision No. 1 1. Block 1, Lots 1-10 2. Block 2, Lots 1-7 B Riverbend Sudivision Filing No. 2 Block 1, Lots 1-6 Block 2, Lots 1-13 Block 3, Lots 1-10 C. Riverbend Ranchettes Ranchette A Ranchette C (3 water taps) Water Service Riverbend Ranchettes Ranchette B Glenn Hartmann From: Diane Boat [boatcoro@rof.net] Sent: Thursday, December 06, 2012 3:40 PM To: Glenn Hartmann Cc: steveboat@outlook.com Subject: FW: Riverbend Amended Plat Attachments: L8 tax notice.pdf; L8 valuation.pdf; L1-16 Deed.pdf Glen, I have attached the following: Deed from RB Water & Sewer Company to RB Homes, Inc. dated 12/30/1997 for Lots 1- 16, Riverbend Filing No. 5., Garfield County Treasurer's Real Property Tax Notice and Garfield County Assessor's Real Property Notice of Valuation for Lot 8. Please click on this link https://act.Rarfield- county.com/assessor/taxweb/account.Lsp?accountNum=R170396 to view the Garfield County assessor's records of Deeds for this property. Please feel free to contact me if you have any questions. Thank You, Diane Boat From: Steve Boat [marlto:sdboat@rof.net] Sent: Thursday, December 06, 2012 3:00 PM To: Steve Boat Subject: Fw: Riverbend Amended Plat Original Message From: Glenn Hartmann To: SDBOAT(a)rof.net Sent: Thursday, December 06, 2012 1:34 PM Subject: Riverbend Amended Plat Hi Steve: Thanks for answering my various questions in our phone conversation earlier today. We were able to pull up the recorded plat for Filing 5 and it reflects ownership by RB Water and Sewer Company so it technically didn't help resolve the demonstration of ownership question that the County Attorney is working on. If you have anything additional that shows RB Homes as the owner of the property in question that is what we need. In lieu of something specific like a deed, perhaps you could provide a written summary of the history of the ownership that reflects how the ownership has changed over time and is now vested with RB Homes. As we discussed any information on the covenants or Home Owners Association would be much appreciated. Thanks for your assistance. Sincerely, Glenn Hartmann Garfield County Building and Planning 1 No virus found in this message. Checked by AVG - www.avg.com Version: 2012.0.2221 / Virus Database: 2634/5440 - Release Date: 12/06/12 No virus found in this message. Checked by AVG - www.avg.com Version: 2013.0.2793 / Virus Database: 2634/5940 - Release Date: 12/06/12 THIS DEED , Male this day of DeMate' 30, 1997 between RB WATER & 57s ER COMPANY, A CL'ELORADO CORPORATION of the County of GARFIELD and State of Colorado, of the first part, and RB HOMES, INC. P. 0. BOX 1989 whose legal address is GLEiNWOOD SPRINGS, CO 81602 of the County of GPiiiFIECD and State of Colorado, of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the sum of (*****9,500.00) NINE THOUSAND FIVE HUNDRED DOLLARS AND O0/100TNS to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, hes bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot or parcel of Land, situate, lying and being in the Cotait of GARFIELD and State of Colorado, to wit: NO. 51` 2, 3, ACCORDING 5, 6THE PLAT HEREOF 13, E4, DECE BER 9, 1997 AS6 RECEPTION N0. 517550. COMM. OF GARFIELD STATE OF 0C7iORADO also known as street number VACFiNT LAND TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estata, right, title, interest, claim end demand whatsoever of the said party of the first part, either in law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances. TO NAVE AND TO HOLD the said premises above bargained end described. with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to end with the said party of the second part, his heirs and assigns, that at the time of the ersealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, Liens, taxes, assessments end encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1997 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day.andyear ,first above written. STATE OF COLORADO County of GARFIELD > ss. __ : v _' r_ :0E40 & S'EUER COMPANY 24. : ; ON T, PRESIDENT' The foregoing instrument was acknowledged before me on this day of December 30, 1997 by DIANE R. B'OA'T, PRESIDENT' OF RB NATER & SEWER COMPANY, A COLORADO OORPCIRATICN -My, e,sIssion expires Decerber 23, 2000 •';uitness'Myhand and official seal. Formlib WARRANTY DEED - For Photographic Record „17ry79,22327,32 Y.t Zr.-,.-aw<'n R 950000 GARF,IELD COUNTY ASSESSOR JIM YELLJCO 109 8TH STREET, STE 207 GLENWOOD SPRINGS, CO 81601 DATE: May 1, 2011 2011 REAL PROPERTY NOTICE OF VALUATION Phone (970)945-9134 Fax (970)945-3953 TAXPAYER COPY Office Hours: 8:00 a.m. - 5:00 p.m. M -F assessor@9arfield-county.com www.garfield-county.com P R0 iw PN EE 110 T Y SCHEDULE/ACCOUNT NUMBER TAX YEAR R170396 2011 TAX AREA CODE PROPERTY DESCRIPTION (MAY NOT BE COMPLETE) 017 I1IIIIEEIII+1111'tIiEIIIII1I1I�IIj+1r1IIIIIiihiuil'I1lIIihhnhr1 RB HOMES, INC PO BOX 1989 GLENWOOD SPRINGS CO 81602-1989 VACANT LAND TYPE OF PROPERTY TOTALS 2123/3431301108 Section: 34 Township: 5 Range: 90 Subdiv ision: RIVERBEND SUB -DIV FLG 5 Lot: 8 PRfmm YEAR ACTUAL VALUE CURRENT YEAR ACTUAL VALUE AS OF JUNE 30, MA AS OF JUNE 30, 2010 65950 +OK - CHANGE 36140 -29810 65950 38140 -29810 LAND SIZE # OF BUILDINGS ON FILE BUILDING # 1 CHARACTERISTICS DISPLAYED PROPERTY CHARACTERISTICS !_ IMMINON NOMIN MIMPIMMIIM PLEASE REFER TO THE BACK OF THIS FORM FOR GENERAL INFORMATION CONCERNING YOUR PROPERTY VALUATION AND YOUR APPEAL RIGHTS. NOVS181CCC11 +ACCOIJNT # ,R170396 PARCEL '# 212334330008 TAX DISTRICT 017 REAL PROPERTY TAX NOTICE 2011 TAXES DUE IN 2012 GEORGIA CHAMBERLAIN TREASURER P.O. Box 1069 Glenwood Springs, CO 81602.1069 www.garfield.eounty.com 4920 5/6 Garfield Countyl (970) 945.6382 TAX AUTHORITY MILL LEVY MILL LEVY CREDIT TAX AMOUNT VALUATION ACTUAL ASSESSED GARFIELD COUNTY GARFIELD COUNTY - R&B GARFIELD COUNTY - DHS BURNING MOUNTAIN FIRE C010 RIVER RATER CONS WEST DIVIDE WATER CON SCHOOL DIST RE -2 COLORADO MTN COLLEGE GARFIELD COUNTY PUB LIB 10.59700 2.52600 0.53200 6.10200 0.22800 0.04200 14.65300 3.99700 1.00000 TOTAL NET LEVY --> 39.67700 GRAND TOTAL 0.00000 0.00000 0.00000 0.00000 0.02600 0.20000 0.00000 0.00000 0.00000 SB 25 - In absence of State Legislative Fundin your school mill levy would have been .1750 111.04 26.47 5.58 63.95 2.39 0.44 153.56 41.89 10.48 415.80 $415.80 TOTAL 36140 10480 MESSAGES PROPERTY TAX DEFERRALS (CRS 39-3.5-102) Saninrs and AC1IVe Mlinary For applications please contact the Treasurer al (970) 945-6382. PROPERTY TAX EXEMPTIONS (CRS 39-3-203) Senior Exemption Qualifying taxpayers must be at least 65 years old on Jan. 1 of the year the application is filed and must have owned and lived In their home for at least 10 years. Taxpayers who qualify for exemption on Jan. 1, 2012, and are not yet approved, may file an application with the Assessor by July 15, 2012. Far an application, please Cannot the Assessor at (970) 945-9134. pt_sabled Veterans Exemption To request applications please contact the Colorado Department of Military and Veterans Affairs at (303) 343-1268. PROPERTY DESCRIPTION WAY BE ABBREVIATED) SECTION: 34 TOWNSHIP: 5 RANGE: 90 SUBDIVISION: RIVERBEND SUB -DIV FLG 5 LOT: 8 DO YOU OWE. DELINQUENT TAXES? NO PAYMENT DUE DATE AMOUNT FIRST HALF FEB 29, 2012 SECOND HALF JUN 15, 2012 FULL PAYMENT APR 30, 2012 THIS IS THE ONLY NOTICE THAT YOU WILL RECEIVE! $207.90 $207.90 $415.80 RB HOMES, INC PO BOX 1989 GLENWOOD SPRINGS, CO 81602 Make Checks Payable To: GARFIELD COUNTY TREASURER mg Yam TAXES AM PAM W A agOLIT AGE C LLIPA V, 00 NOT KT u 6dS BILL. Project Address Garfield County Building & Planning Department 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)384-3470 123 River Boat DR NEW CASTLE, CO Parcel No. Permit NO. BLRE-5-11-2020 Permit Type: Residential Building Work Classification: New Permit Status: Final Issue Date: 5/1812011 Expires: 05/05/2013 Subdivision Section Township Range 212334330008 RIVERBEND SUB -DIV FLG 5 Owner Information RB Homes, Inc. Address Glenwood Springs CO 81602 Phone 970-945-5550 Cell I PO Box 1989 Glenwood Springs CO 81602- Contractor(s) Phone Primary Contractor OWNER Yes Proposed Construction! Details Single family dwelling on crawlspace with attached garage. FEES DUE Fee Amount Plan Check Fee $787.90 Residential Building Fee $1,212.15 Total: $2,000.05 Valuation: Total Sq Feet: $ 138,254.08 2032 FEES PAID Inv Total Paytype Amt Paid Amt Due Inv # BLRE-5-11-21002 $ 2,000.05 Check # 2565 Check # 2564 $1,233.99 $766.06 $ 0.00 Required Inspections: For Inspections call : 1(888)868-5306 nspection IVR Footers 105 Foundation Walls 110 Framing 115 Framing 115 Drywall 120 Final 125 Final 125 Final 125 _ Mist: 135 Insulation 160 Grout 175 Mechanical 405 UG Plumbing 605 Rough Plumbing 610 Gas 620 IMPORTANT: APPLICATION IS HEREBY MADE TO THE BUILDING OFFICIAL FOR A PERMIT SUBJECT TO THE CONDITIONS AND RESTRICTIONS SET FORTH ON THIS APPLICATION AND THE FOLLOWING: 1. Final inspection of the work authorized by this permit is required. A Certificate of Occupancy must be obtained prior to use and occupancy of new buildings, structures and remodeling work. Applicant Copy This permit/plan review expires by time limitation and becomes null and void if the work authorized by the permit is not commenced within 180 days from the date of permit issuance or if the permit is not obtained within 180 days from the date of plan submittal. This permit expires and becomes null and void if any work authorized by this permit is suspended or abandoned for 180 consecutive days or if no progressive work has been verified by passing a required County Inspection for a period of 180 consecutive days. Tuesday, November 6, 2012 1 Project Address Garfield County Building & Planning Department 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)384-3470 Parcel No. Permit NO. BLRE-5-11-2018 Permit Type: Residential Building Work Classification: New Permit Status: Final Issue Date: 5/18/2011 Expires: 05/0512013 Subdivision Section Township Range 117 River Boat DR NEW CASTLE, CO 212334330008 RIVERBEND SUB -DIV FLG 5 Owner Information Address Phone Cell RB Homes, Inc. Glenwood Springs CO 81602 970-945-5550 PO Box 1989 Glenwood Springs CO 81602- Contractor(s) Phone Primary Contractor OWNER Yes Proposed Construction! Details Single family dwelling on crawlspace with attached garage. FEES DUE Fee Amount Plan Check Fee $787.90 Residential Building Fee $1,212.15 Total: $2,000.05 Valuation: Total Sq Feet: $ 138,254.08 2032 FEES PAID Inv Total Paytype Amt Paid Amt Due Inv # BLRE-5-11-21000 $ 2,000.05 Check # 2564 Check # 2565 $766.06 $1,233.99 $ 0.00 Required Inspections: For Inspections call : 1(888)868-5306 Inspection IVR Footers 105 Foundation Walls 110 Framing 115 Framing 115 Drywall 120 Final 125 Final 125 Final 125 Miac 135 insulation 160 Grout 175 Mechanical 405 UG Plumbing 605 Rough Plumbing 610 Rough Plumbing 610 Gas 620 IMPORTANT: APPLICATION IS HEREBY MADE TO THE BUILDING OFFICIAL FOR A PERMIT SUBJECT TO THE CONDITIONS AND RESTRICTIONS SET FORTH ON THIS APPLICATION AND THE FOLLOWING: 1. Final inspection of the work authorized by tha permit is required. A Certificate of Occupancy must be obtained prior to use and occupancy of new buildings, structures and remodeling work. Applicant Copy This permit/plan review expires by time limitation and becomes null and void if the work authorized by the pemtit Is nol commenced within 180 days from the date of permit Issuance or if the permit Is not obtained within 180 days from the date of plan submittal. This permit expires and becomes null and void 8 any work authorized by this permit is suspended or abandoned for 180 consecutive days or if no progressive work has been verified by passing a required County Inspection for a period of 180 consecutive days. Tuesday, November 6, 2012 1 Garfield County December 19, 2012 BUILDING & PLANNING DEPARTMENT Steve Boat RB Homes Inc. P.O. Box 1989 Glenwood Springs, CO 81602 RE: Amended Final Plat, Lots 7 & 8 Filing No. 5 Riverbend Subdivision File #FPAA-7366 Dear Steve: Thank you for your additional submittals in regard to your amended final plat application for Lots 7 & 8 Filing No. 5 Riverbend Subdivision. Your Amended Final Plat Application will be processed in accordance with Section 5-304 and 4-103 of the Unified Land Use Resolution of 2008 as amended (ULUR). This letter is to inform you that the application has been deemed Technically Complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the ULUR or the Garfield County Comprehensive Plan 2030. The Application will be reviewed by Staff and a report will be sent to you. The date upon which the Director of the Building and Planning Department will render a decision has been set for January 18, 2013. As a matter of process, public notice at least 15 days prior to the Director's Decision is required by written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200 ft. radius and the mineral owners of record in the office of the County Clerk and Recorder. The Applicant shall be solely responsible for the mailing of the notice. The Applicant shall present proof of the required notice to the Building and Planning Department prior to the Director's Decision. The notice requirements are detailed in Section 4-103.b.3 and Table 4-102 of the ULUR as applicable to Administrative Reviews. I have enclosed an appropriate notice for the Director's Decision, for your convenience. This document is provided to you as a courtesy. The Applicant must verify that all information in the public notice is correct and attach the required vicinity map. It shall be the obligation of the Applicant to correct any deficiencies in these documents such that proper notice in form and substance can be established. Included for your convenience is the following outline of the process from this point. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • Fax: (970) 384-3470 1. Your Application has been determined to be complete on December 19th 2. The Applicant will need to provide two additional copies of the Application for referrals including to the County Surveyor. Copies are need by December 27 and the referrals will be sent out that day. 3. Public Notice for the Director's Decision must be mailed certified return receipt requested by the Applicant no later than January 3rd. 4. The Applicant must provide the proof of mailing (including return receipts) prior to the Director's Decision. 5. On January 18th all referral comments are due back to the County. 6. On January 18th the Director of the Building and Planning Department will render a Decision to approve, approve with conditions or deny the application. 7. The Board of County Commissioners will be provided notice of the Director's decision. The Application is subject to potential call-up for review by the Board of County Commissioners for a 10 day period following the Director's Decision. 8. If the "call up" time period expires without a request for "call-up" and a public hearing, the Planner shall verify that all conditions of approval and required changes to the plat have been completed. A "mylar" of the plat is then prepared for submittal to the Board of County Commissioners for signature and recording. Please submit 2 additional paper copies of the submitted application materials and any supplemental materials by December 271h. The copies can be paper or electronic or a combination at the Applicant's discretion. These copies are necessary for Application referrals including the County Surveyor. Please contact me if you have any questions regarding the processing of your application and the public notice requirements. Sincerely, Glenn Hartmann Senior Planner Enclosure: Public notice form for mailing CC: Carey Gagnon, Assistant County Attorney 2 PUBLIC NOTICE TAKE NOTICE that RB Homes Inc. has applied to the Building and Planning Director, Garfield County, State of Colorado, to request an Administrative Review for an Amended Final Plat on a property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Practical Description: Description of Request: Lots 7 & 8, Riverbend Filing No. 5, according to the Plat Thereof Recorded the 9th day of December, 1997 as Reception No. 517550, with the Garfield County Clerk and Recorders Office, State of Colorado. #117 and #123 Riverboat Drive (Lot 8), #97 and #103 Riverboat Drive (Lot 7), New Castle, Colorado. The property is located approximately 2 miles east of the Town of New Castle, and is also known as Assessor's Parcel No. 2123-343-30-008 (Lot 8) and No. 2123-343-30-007 (Lot 7). The Applicant is requesting an amended Final Plat for Lots 7 and 8. The amended plat will create separate Lots 8A and 8B for the existing residences (duplex type units) constructed on Lot 8. The units are connected by a common wall and the two lots are 0.17 and 0.18 acres in size. The original plat approvals allowed the lot to be divided into separate interests after the approval of an amended plat that legally describes the separate interests to be created. The amended plat will also adjust the lot line between Lots 7 and 8 to ensure a compliant side yard setback for the structure on Lot 8. The property is zoned Planned Unit Development (PUD). Vicinity Map: VICINITY MAP TO BE ATTACHED BY THE APPLICANT All persons affected by the proposed Administrative Review for an Amended Final Plat are invited to comment regarding the application. You may state your views by letter or you may call the Building and Planning Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed at the office of the Building and Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The Director will make a decision on this application on January 18, 2013. Any comments to be considered must be received prior to that date. Building and Planning Department VICINITY MAP Garfield County RB Homes Lots 7 & 8, Filing No. 5 C: 10F01HOffK190200FP1 Hon Nay 11 11:50:06 1995 72"5 9 RIVE�..� COL°rAD0C.' f 4•34327 AC 1 1 cot FOUND RE6AR & C4P LS 9 16842 \ °2 \y �r xapO / EN1, \ Y i fA5i11 17 \\ = GOT 9 \� (TWO UNITS) \ - 14229 50. FT. \ �, 0.327 ACRES FAOI131 - / 010 To0010 1300 AE 4/AS2EW0E6 �SEMENi FOR �/ / E 539 86 65}311796,09' g6 09 1024' 1 \ 144025 SOI fT. y '15246o./5]E] 54 0.321 ACRES ,-+ O. ACRES (n//0 UNITS) \- ' \ 77885417 ACRES -1 50 \ 0 .r m \ 6'6 \ � 125.68 o GOT \ 15201 S0. FT, Ohl to W \ 0.349 ACRES 401 65. GOT 8 r+ tsr (TWO UN175) m T. 1 15246 5Q. F0 0.350 ACRES LOT 010 114' GOT 8S 0 rn T 0' 6'O' 17r/' r80' - 60 feel a Z� \, 2558" N 1 05 m 139,43 v. \ \1 GOT2 \\ 15067 50. ET.. \ 0.345 ACRES F U E \ 6505 21, \N 12499. SI TE 00 g5' j2. C11 -2- or, e5 ; Cs 15' DRAINAGE •„ Fd 7FMENT °'- r .407' 10 15246 S0. ff. 0350 ACRES , cr1 PARK/OPGiV SPACE . E 27461 50. FT •30 0 630 ACRES 515)(1 5 61 3 ,44 E 5`, y1 1.1ts622 \ LOT 2 \ 15498 50. f7 a \, 0.356 ACRES \\ 6502; £ \ 424. 1\ LOT 1 1,15598 S0. FT. 10.358 ACRES \ CO \ c=c.,\a GOT 16' 147/6 5O. 117. 0.375 4061/5 60 E, CS(?) Lan 11 15248 SO 17 0.350 ACRES oN }kE 53" •0 11 LOT 15' 14500 50. Fr A, N 0.333 ACRES 4/0/ �V.- C "` // LOT /4" 15305 s0. FT 7 0.351 ACRES k, 7 �5 / tl 17 `u- / .407' 13 15701 50. FT. 0.360 ACRES / N 5 5i t15'• 0 38 q2 GOT 12 a 15249 50. 17. 0.350 ACRES 15' ORAINAGE f> EASEMENT x1 y hf i it r 50,d 1 of) ,, lo. �0 335 SOUTHEAST C0RNLR SECTION 34 ROCK FOUND Of PLACE 54 15' UNLITY EASEMENT RIVi9AW/2 FILING 11/0. 5 A PORTION OF TIIE RIVERBL7ND P. U. I� .SUCTION 34 T. 5 S, R 90 Imo, OF TILL' 61N PJ1 GARFILLD COUNTY, COLO_RA17O CLERK AND RECORDERS CER71r7CATE: We plot was filed for record i the Garfield County, Colorado, of y "/ 1941' , in Doak , , at i�err�errl�� Pag //%f00 e 01lokoeMhk , .arty ofo Ae'lO9AFec." Reception No.677.g71O Clerk & Recarde Deputy TY U Approved for CI ant and F' an and not the accuracy of surveys, calculations or drafting. ant to C S, 11114,5, 38-51-101 E7 EQ. (Signed a. _411 f ' Co a y Surveyo ATTORNEY'S CER/Tf7CATF ..0?- Y% /-saa'r an attorney licensed to practice in the State of talarado, do hereby certify that all dedications to the public as described on this Flnol Plot are free and clear of any liens, claims or encumbrances except 555551554-5545 5501d coepdoo, contained. donuncnic 50,55,15,6001:11 a1PAge 155; Boat 73 aiJ7ge 154: Book 12 e6Pege 155; Boa 75-.tPege 354b55525 -:d-p.gea35:'WOoli'549-et9gr175' 6ee50e15rei512465tMWp+o6 TA5115 13554•3 3211 I1He175; 655471.4Paga154;-Bo5437,1515we 2651,1006434 d 145.342; R55444.1299710;•Bnok753 a PageR11= 1:5114M1iNt.001.1611140tgaimed ie 8o54.579A1Page955-.56011555ranmau8iM'm1n721.0LFeg546. and further thot this subdivision is in subs( hal oomph' - with the Garfield County Subdivision Regulations of 1984.4./ Oa FOUND RE84R & CAP LS / 16842 PIAT NOTES: 1) Lots 5 lhru 9 may be divided into separate interests after the approval of on amended plot by the 800rd of County Commissioners that fegody describes the separate interests to be created. 2) A site specific foundo5on design for each structure shall ba included with any building permit application and that each budding design will include anti -radon gas accumulation measures. 3) No open hearth solid -fuel burning fireplaces will be allowed within Riverbend, Filing No. 5. All dwelling units all be allowed an unrest/fated number of notarial gas -taming fireplaces or appliances. All dwelling units will be allowed no more than one new woodbuming slave os defined by C9,5. 25-7-401, et sea and the regulation promulgated thereunder. 4) Easements 65 /eel in width shall be reserved on each side of all side lot fines and 15 feet on all front lot fines for access and uteties. 5) No access will be allowed from Individdol lots direct), unto the County Road 6} Individual household pressure rude/cling valves are required on each water service Erie. 19 indicates found monument as described ❑ indicates set monument /5 react' and aluminum L.S. 75710 - Dote of survey - March, 1995 OWNER.: R.B. WATER AND SEWER COMPANY P.O. 807 1989 GLENWOOD SPRINGS CO 81501 CURVE RADIUS ARC LENGTH CHORD LEN CHORD BEARING DELTA ANGLE TANGENT 01 75.00' 109.80' 100.25' N 1546'46" E 8552'50" 67.39' 02 100.00' 145.40' 133.67' N 1746'46' E 83'52'50" 89.85' 03 125.40' 59.86' 59.29' N 10'26'34" W 2726'11" 30.51' 04 125.00' 30.62' 30.54' N 10'17'33' E 14'02'03" 15.39' C5 125.00' 32.24' 32.15' N 24'41'52" L 14'46'35" 16.21' C6 125.00' 56.48' 56.00' N 4.5-01-45- E 25'53'12' 26.73' C7 125.00' 3.81' 3.61' N 58'50.46" E 01'44'50" 1.91' C6 75.00' 109.86' 100.29' S 78'19'08' E 8355'22 67.44' C9 100.00' 146.47' 133.73' 5 71516'01" E 1 83'55'25 89.92' 010 125.00' 55.05' 54.64' N 72'20.42' 5 2515'04" 28.00' 011 125.00' 28.11' 28.06' 5 8635'12" 0 12'53'12" 14.12' C12 125.00' 84.05' 82.48' 8 6752'46' E 3631'46' 43.69' C13 125.00' 15.84' 15.82' 5 3659'11" E 07'15'36' 7.93' .ff2.1.414 4 4 6[' w' '.a 0 5 KNOW ALL MEN BY THESE PRESEN15 that R.B. WATER AND SEWER COMPANY, 0 Colorado corporation, being sole owner in Se simple of all that real property described as: A parcel of land situated 1,7 the NE1/4561/4 and the NW1/4S£1/4 of Section 34, Township 5 South, Range 90 West of the Sixth Priocipa1 Meridian in the County of Garfield, Stale of Colorado. Sold parcel lying northwesterly of the northwesterly right of way line for County Road No. 335 os constructed and in place and easterly of o fence as constructed and in place. Said parcel being more particularly described as follows: Commencing at a point on the northwesterly right of way of County Rood No. 335 Pram which the Southeast Comer of said Section 34, a rack found in place bears 5 62'0256" E. 2357.89 feet distant; thence leaving sold right of way N. 260959' W 744.41 feet clang said fence; thence leaving said fence N. 24'09'39" W. 173.25 feet to or point in the Colorado River; thence N. 7753.05' E. 489.35 feet along said river; thence leaving said river S. 3621'29" E 75023 feet to a point on said dgh( of woy; thence 5. 5710'00" W. 555.91 feet to the point of beginning. Said parcel contains 452,310 square feet or 10.613 acres, more or less. Said parcel contains 10.613 acres more or less; has by these presents laid out, platted and subdivided the same into lots os shown hereon and designate the same as Riverbend, fling /5 in the County of Garfield, State of Colorado. That said owner does hereby dedicate and set sport all of the streets and roods as shown on the accompanying plot to the use of the public forever, and hereby dedicate to the Public 1.11)1)5_s those portions of said real properly which are labeled as utltity easements on (he accompanying plat as perpetual easements for the inatalirtion and maintenance of utillheg krigolion, and drainage foe/Wes including but not limited to electric Encs, gas fines, telephone fines; together with the right to trim interfering trees and brush; with perpetual right of ingress and egress for installation and maintenance el such fines. Such easements and rights shall be utilized in o reasonable and prudent manner. IN WITNESS WHEREOF said owner has caased his name fa be hereunto subscribed this 5i) -'k\ day of 4.1gs'451.01, A0 1946,_. O'ane R goat President State of Colorado County of Garfield l } fes The foregoing dedication was acknowledged belare me this day of 'Y1m w.✓.".n. AD 19 9/. , by Diane R Boat, President of R.B. Water and Sewer Company. WITNESS MY HAND AND SEAL My commission expires: 101;4,4Q Nolory Address' 55/15/955 CERRF7C 16- 1, Kenneth R. Belson, do hereby certify that ! os, a Profession! Land Surveyor licensed under the law of the State of Colorado that this plat is true, correct and complete plot of Riverbend, Filing 15 as loid out, plaited, dedicated and shown hereon, that such plat wos mode by me from on accurate survey of /d property by me, and under my supervision and correctly shows the location and dimensions of the boundary and easements of sold subdivision as the 50m8 are staked upon the ground in compll'once with opphcoble regulations governing the subdivision of fond. IN WITNESS WHEREOF r hove set my hand and seal this _ ^_ day of ___-, _4Vos4d rc A0, 19ie-. This P1,1 s oppfy ed by the Hoard of County Commissioners of Garfield County, Colorado, this (ff - day of S2pi 1999 , far filing with the Clerk and Recorder of Garfield County and for cony yonce la the County of the public dedications shown hereon subject to the prowsion that the opprovol in no way obligates Garfield County for financing or construction of improvements on land, streets, or easements dedicated to the public, except as speclfr'ca!!y agreed to by the County in the Subdivision Agreement. .--R\£LD CO ! Y Q.fr^ .\,x. Chofrman a. WI s AF- and 77, -of -SP -94'.; 1COLORP�O- cal of the County of Garfield. (test: i ./ JJu-41 gaunt, Cl erk rove hs 0 aims* loan saw mrd ea"ma.na. 0/0 .ke:w bawd raw,+ mw suntL. =Mgr birf IOW eve re dimmer suai 4.14 pre read may :. cern Amar «wn 6.53 55,5 mar 00.1 5. tier, 0588), 00 e.n,.e,a..d, are am, am eine,' dap q/ aNr snftdm06e eke= .SCf/Af/JA'S' R GOR8OA' ,taree77' _ S1.910f,ErrR3' K]/CnvifrTs ,5'CH,VfUG'SA'R CORDON .4.&YL'R ANC. /18 Jr.. 67/a S'lreet, Slide ZOO Glenwood SvTziags; Colorado 8/10/ /Soy/ .74,,-1004 (s lX/ ✓45 - 948 Avon, Colorado (30.6:',1 .925-6727 RIVERBE1EO FILING #5 8rn REVTSYON 1. 641E BY FINAL PLAT Job No. 90-2005.5 000wrr by, 5959 Oate: 11/11/99" Apr. 4Y' KR 1/51 770705P/ OF z 0 _6? 107°30`0011 W 107°29°00" W WGS84107028100" W Amended Final Plat of Lot 7 and 8 and Resubdivision of Lot 8 Riverbend, Filing No. 5 SITUATED IN SECTION 34, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO ° _ --- 3o `� - �u —47- A 107°30'00" W TNS MN /10%° 007°29'00" W W GS841. �7° 28' 00" W 1 210=10.1.0 EEEI Y:tl •DM MTTTAS Printed from TOPO! ©2000 Wildflower Productions (www.toao.com) County Commissioner's Certificate Based upon the review and recommendation of Garfield County Director of Community Development. the Board of County Commissioners of Garfield County, Colorado. hereby apprves this -Subdivision Plat this day of , A.D., 2013, for filing with the Clek and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or constuction of improvements on lands, public roads. highways or easements dedicated to the public, except asspecifically agreed to by the Board of County Commissioners by sebsequent resolution. This approvalshall in no way obligate Garfield County for the construction. repair or maintenance of public roads, highwaysar any other public dedications shown hereon. Northwest Corner of Lot 9 - Found Rebar and Plas. Cap, PLS No. 15710 Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ATTEST: County Clerk Sheet l of 1 1 CLIENT: RB HOMES, INC. 39°34'00" N ' Northeast Goner of Lot 9 -Found Rebar and Plas. Cap. PLS No. 15710 County Surveyor's Certificate Approved for content and form only and not tr accuracy of surveys, calculations or drafting. pursuant to C.R.S. § 38-51-101 and 102, et seq. DATED this day of _ -_ . A.D., 20 _ Garfield County Surveyor Clerk and Recorder's Certificate This Plat was filed for record in the Office of th Clerk and Recorder of Garfield County, Colorado, at o'clock on this dal of 2013, and is duly recorded as Reception No. Clerk and Recorder By: Deputy 11M.11=10 DATE: 01/FEB. /20!3 .DWG FILE: 13.001.001 DRAWN BY: S. PHELPS JOB No.: 13.001 N BY DATE REVISION DESCRIPTION LINE No. LINE TABLE BEARING LI S59°43'11"W LENGTH 12.95' CURVE TABLE CURVE LENGTH RADIUS CENT. ANG. CH. BRG. CH. DIST. CI 3.81' 125.00' I°44'54" S5B°50'43"W 3.81' C2 32.77' 125.00' 15°01'16" S67°13'52"W 32.68' C3 22.32' 125.00' 10°13145" S79°51'53"W 22.29' C0451' (irk- Ikw l�fjL{ l 11(�y�C,1, 2 I A Il (iiits(vtic4r) GRAPHIC SCALE Certificate of Dedication and Ownership The undersigned, RB Homes. Inc., a Colorado Corporation being sole Owner in fee simple of all that real property situated in Garfield County, described as follows: Lots 7 and 8. Riverbend Filing No. 5 according to the plat as filed for record December 9th, 1997 under Reception No. 517550 of the records of Garfield County, Colorado; containing 0.700 acres, more or less, has caused the described real property to be surveyed. laid out, platted and subdivided into lots and blocks as shown on this Final Plat under the name and style of "the Amended Final plat of Lots 7 and 8 and the Resubdivsion of Lot 8, Riverbend, Filing No. 5," a subdivision in the County of Garfield. The Owner does hereby dedicate and set apart all of the streets and roads as shown on the accompanying Plat to the use of the public forever,and hereby dedicates to the Riverbend Homeowner's Association those portions of said real property which are labeled as utility easements on the accompanying Plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities including, but not limited to, electric lines, gas lines and telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this day of , A.D., 2013. Owner: RB Homes, Inc. Address: P.O. Box 1989, Glenwood Springs, CO. 81602-1989 STATE OF COLORADO ) : ss COUNTY OF GARFIELD ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of , A.D., 2013 by Steve Boat, President of RB Homes, Inc. a Colorado Corporation. My commission expires: Witness my hand and official seal. Notary Public Surveyor's Certificate I, Samuel D. Phelps, do hereby certify, that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete Plat of the "the Amended Final plat of Lots 7 and 8 and the Resubdivsion of Lot 8, Riverbend, Filing No. 5," as laid out. platted, dedicated and shown hereon. that such Plat was made from an accurate survey of said property by me. or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of the "the Amended Final plat of Lots 7 and 8 and the Resubdivsion of Lot 8, Riverbend, Filing No. 5," as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, I have set my hand and seal this 14th day of February. A.D., 2013. Samuel D. Phelps Colorado Licensed Professional Land Surveyor No. 27613 For and on behalf of SurvCo, Inc. Notice: (In accordance with C.R.S. 13-80-105 et. seq.) According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. in no event. may any action based upon any defect in this survey be commenced more than ten years from the date of certification shown hereon. Surveyor's Notes: 1) Bearings as shown hereon are based upon a record bearing of N.65°13' 09"E. for the line between the Northwesterly corner of Lot 5 and the Northeasterly corner of Lot 9, River Bend Subdivision Filing No. 5. Monumentation being found in the field as shown hereon. 2) This property may be subject to mineral reservations. US Patent rights and other easements of record r those that may exist in the field. his map has been prepared as per client request to define the boundary of the property in reference to ocation of the improvements as indicated hereon. 4is map is not an improvement survey or improvement location certifcate of the subject property. ) This survey does not represent a title search by this land surveyor or survey company to discover any easeemnts of record that may affect the subject property. No title insurance commitment has been provided or reviewed in the course or preparing this survey. 6) This survey is based upon monumentation being found in the field as indicated hereon and the recorded plat of River Bend Subdivision Filing No. 5. Title Certificate ✓ I, , an attorney licensed to practice law in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in RB Homes, Inc., a Colorado Coporation, free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: 20 0 10 20 40 eo ( IN FEET ) 1 inch - 20 ft. ALL LINEAR DIMENSIONS SHOWN HEREON ARE IN US SURVEY FEET. O Indicates Found Rebar With Plastic Cap, PLS No. 15710 ® Indicates Set No. 5 Rebar and Plastic Cap, PLS No. 27613 DATED this TITLE COMPANY: day of . A.D., 2013. Agent OR Attorney Colorado Attorney Registration No. SurvCo, Inc. RTK GPS and Conventional Land Surveying Services 826-1/2 GRAND AVENUE POST OFFICE Box 2782 GLENWOOD SPRINGS, CO. 81602--2782 PI-IONE:(970) 91+5-5945 EMAIL: SURVCO@GMAIL,COM l 0 E Notes: Basis of bearings: Bearings shown hereon ore relative to a bearing of 5.26'53'48'E. between the northwest and southwest corners of Lot 8, both corners being monumented as shown hereon. Date of field survey: August 10, 2012. This re -subdivision is based on the plat of Riverbend, Filing /5, recorded as Reception No. 517750 of the Garfield County Records. SGM INC. will not be responsible for any changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. Any subsurface utilities not shown hereon, were not marked by appropriate utility companies at the time of this survey. Client/contractor must contact specific utility companies to verify both the location and depth of respective utilities. Additional surveying work may be required to show any such subsurface utility locations on this drawing. SGM Inc. will not be responsible for protection of subsurface utilities not marked an the ground at the time of this survey. Units of linear measurement: US Survey. Fences shown hereon, if any, do not necessarily represent the limits of ownership. A site specific foundation design for each structure shall be included with any building permit application and that each building design will include anti -radon gas occumu/ation measures. No open hearth solid -fuel burning fireplaces will be allowed within Riverbend, Filing /5. All dwelling units will be allowed an unrestricted number of natural gas -burning fireplaces or appliances. All dwelling units will be allowed no more than one new woodbuming stove as defined by CRS 25-7-401, et seq., and the regulations promulgated thereunder. Easements 7.5 feet in width shall be reserved on each side of all side lot lines and 15 feet on all front lot lines for access and utilities. Individual household pressure reducing valves are required on each water service line. Surveyors Certificate: trbt'lj 1, David A Cooper, do hereby certify that / am a registered land surveyor, licensed under the laws of the State of Colorado, that this plat is a true, correct and complete plat of Re -Subdivision of Lots 7 & 8, Riverbend, Filing /5 in the County of Garfield, State of Colorado, as laid out, platted, dedicated and shown hereon, that such plot was made from on accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of /and. /n witness whereof, I have set my hand and seal this 23rd day of August, A.D. 2012. David A. Cooper Colo. Reg. P.L.S. # 29030 For, and on behalf of SGM 20 GRAPHIC SCALE 10 20 40 Re -Subdivision of Lots 7 & 8 Riverbend, Filing #5 Garfield County, Colorado 80 ( IN FEET 1 inch = 20 ft. LEGEND - Found Rebar & Cap, LS 15710 0 - Set Rebar & Cap, LS 29030 45.0 - Water Shut-off • - Electric Transformer • - Electric Meter • - Telephone Ped EP - Electric Pedestal O- Sanitary Sewer Manhole J J l ge 2°' 1;15°. Open race J J Curve Table Curve j Length Radius Delta Chord Direction Chord Length C1 36.07' 125.00' 16'3157" 56759'103V 35.94' C2 19.02' 125.00' 8'43 03' S80;36'39111 19.00' C3 3.81' 125.00' 1'4450- 558'50461+' 3.81' N59"43'11 "E 12.95 Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. - VICINITY MAP - SCALE: 1 inch = 2000 Feet : R_ % J , /OPCI1 ��� / 1 / / / / / f / / / I / / Certificate of Dedication and Ownership: KNOW ALL BY THESE PRESENTS that , being the sole owner in fee simple of all that real property described as follows: Lots 7 and 8, Riverbend Fling /5, Garfield County Colorado, as s n on the plat thereof, recorded as Reception No. 515750 of the Garfield County R- •s, c" toning 0.700 acres, mare or less, has by these presents That said owner has caused the said real pro »Re -Subdivision of Lots 7 & 8, Riverbend County, Colorado. That soid owner does on the accompanyin public utilities th the accom utilities to here whereof, day of and subdivided as a part of Garfield all of the streets and roads as shown lie forever, and does hereby dedicate to the roperty which are labeled as utility easements on sements for the installation and maintenance of ilities, including but not limited to electric lines, gas lines, the right to trim interfering trees and brush; with perpetual ss for installation and maintenance of such lines. Such easements utilized in a reasonable and prudent manner. said owner has caused his name to be hereunto subscribed this , A.D., 2012. Owner: State of Colorado County of Garfield 1 The foregoing dedication was acknowledged before me this day of , A.D. 2012, by My commission expires Witness my hand and seal: Notary pub/ic f n l i n illi• This plat, approved by the Board of County Commissioners, Garfield County, Colorado this day of , A.D. 2012 for filing with the Clerk and Recorder of Garfield County and conveyance to the county the public dedications shown hereon; subject to the provision that approval in no way obligates Garfield County for the financing or constructing of improvements on lands, public highways or easements dedicated to the public except as specifically agreed to by the Board of County Commissioners and further that said approval shall in no way obligate Garfield County for construction, repair or maintenance of public highways. Board of County Commissioners of Garfield County Colorado Chairman Witness my hand and seal of the County of Garfield Colorado. Attest: County Clerk Attorneys Certificate: n lu 1'F' -l4' , , an attorney licensed to practice low in the State of Colorado, do hereby certify that al/ dedications to the public, as described on this final plat are free and clear of any liens, claims or encumbrances of record except as listed below and further that the subdivision is in substantia/ compliance with the Garfield County Subdivision Regulations of 1984. By: Date: Coun(v Surveyor's Certificate: Approved for content and form only and not the accuracy of surveys, calculations or drafting. Pursuant to C.R.S. 1973, 38-51-101 and 102 (revised). Garfield County Surveyor Date: .✓ Clerk and Recorder's Certificate: This plat was filed for record in the office of the Cleric and Recorder of Garfield County at o'clock m., on the day of , A.D. 2012, and is duly recorded in Book at Page , Reception No. Attest: Clerk and recorder C401640,(1 .( kx /L..1 -464.4( L. -404A. �.- r w i 6 SG IYI 118 West Sixth treet, Suite 200 Glenwood Springs, CO 8) 601 970.945.1004 www.sgm-inc.com Res u bd i v i s i o n of R iverbend F i Revision Date By Job No. 2007-500.003 1 1 J Lots 7 $ 8 Re Drawn by: dac -- - - -Subdivision Date: 8/7/ 12 ' Plat I i n g *-�' Approved: �p ©� Ale: RiverBend—LB—ResubPlat (0 0) 11 • i I 0 , ' r.'21 AA' ,-- • - , N 7O-• Cf: - \ 11) , •54--' -..4-- ; LC/4 41.1 . - . \ A • Pi; r• . ) , • 6 " 116 \ 1\11- I -V) • • In' • , • (1'i' 1' • tc-- • -EPEA'f' , - • C, (174/0 • -4'011 A i• -1-6r• 7 429 & CAP • ..•-• ' „.„----44 1 u . 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E, ,---- .._,-- ...-. - .•,'. -------- \ • \ \ Cr•-= • • \-t7, . , ---<-: i \ ; i • .....„-- -- ,, ,; .. \ 1,1 \ 0 ,..353 A(.2/71..:5 ,1 :., I, -... • .-," //' 777, \ \\\\\ \ t'3.. • ( 7 „ 1 •F,4,c \„. 4.. • , , ; • 0 ,.5.3.J .iCPE s ,V\ • .4( -4. v- • " ; 7 \ "' 4.4-0,77 1„ „". 7\ 1.5305 50, FT. 0.357 AC8I-7..:' 11Ai:-.41:: \ "," 1.; ,c.: A ,.,-, .-.6 , '': 4' ,-.4. ‘ A-. \&..... ' .- 6; /4 A, II- C....) ,, • --' ,--.. C1 %-- •,.._:-. ----.. ...--'‘ ',"----,, CI , \ \ ,.--• 4,,, ....-,' •,-- \ -,.., \ - ,----,. ", ;....---. 4 Notice.. C 1.3.35 , ti 1/7C/A#77 /41P NOT T0.SCALE • ..leeore.frts, to CO 10 rad° law', yof,‘ 717225.2._ccrnr.7612e1:, • any- l'ega1 actic/n ors -sed upon- any elefect..1... - 4 -:',....1 _....",, S I i ' 1/13-Sti77.4%.'y :teith .i'Ln tifrct t" -'c yery after ..4,07..... f •• - .'1 ' i-: ., ..72 • ,.'. . • ,. . .:•,.,-: .i •.,,''".... Jo -i' actscovcr =chd/-ct 1* 4• vet m11'.0(e2./,) .,_• .4 4' '-•-/ any lgri ac/o' casei 7pa- ,0,e 74 '7( '/ )/ , /410s SLTY0/ comme7ced 77.27e f1peer11 k /./;.‘) , : . 4 -.• .•.• 'ro,,:r-,••: f/e/.2 fate c),1 /he-fe.'e4ioshot/; . •.:r •. ,-.... ,.. .• _/.-,, • . . •.• • / i 1, // 1 )./ - .4. .4. 7/ t. A -7 \ c,/ • 0.- ••••-:. \44• ,.‘„, .1-?- \ , r 474 c•C-14fFAIT • ) •A'44 , .• ',I,i' 1 /4- : ,• .1 .. . .-,...:).......- .... , A,.....: '--:: .., ,./., 17 • -9 _if ••• • ' • : • •-• • 77) 7 , 74 v; / ,-// • }i • / / • .• 1-•!• • --•••••••••4 f / ▪ / _ • ,./... ..-...,-,"1.':.. ,/ . / t'11 .._-.) '"Lt...il . ,„, ,/-.. ,,/ 0 - .6i- • t/ ;. ., //•'' ' Avg /7 • .1. ftf i f ............ .. ...,.........,•-j_ ..../..".... ....,....... /.' i';-' . 4-,.,•,,Ae--'''. /JAY;io .1.7"o (0,!" .7" 11'- • i? .7;7 thc;. or, a' 1--,lf„...•,.01-,aier of Cart Co , n ty, _ _ _ (-)1 1fl a y _ 7 . •i1 e.-7;001 , • , ?'7 No. • r 7r7 /17;.z 42 7-7 Ai J V 0/) 0) //cense°. to 4nrC,GtiC,.?n p7ibc ::•/)7.2" - o r • :-?s or encl./ eXCL?0-t- " • - t he 00,111.61c;,-"..; ;-11 ; Rea f fr.:7 =2/ (?34. .77 C/".•,• ti t oo orr',-7eCI 177 /.ard '2;! ,.7.,7-3L--,-;5es the s.ec.arotete..res ts to 1„; r JCtIJCOd v-'th (.1 n • T: HZ. • gac 7// 01/ - • , !. • ••• ; • ,Aro. ' •'r'•"?,' • 17:7!t.i1-0/ "• 7"" - " f c' 0 tea- th ereu o'er. " • - ;44 1 .1000 1 7-- - - 1 • • • • !•••. • 1.) ANGENT 5 ' 5 t•-:! , - , I 205312" ' •,•.! t 1"-1.4R,0" 1 I 9 -1 ' • • 1.1 835523' I 44' ; r• - _ .... ' .., ..... E4. ,..., .....• ,....i. • _ .; „; -,, 1 ---; r.-7- 1 40' - • ,E.:.,.i7-..,',-.,- 1 4",.",;• 1 r-, "Z,' ri" 7 C'/ ' . , ,( ) //-r 9 05/T//76-4 770/1 05. DEDICA7/0111- AND OWNET-;SHIP: KNOW AL • 4.18N BY THESE PRESF=NTS - T7? ANA 5-....14/F:6) C0M11,a; Cok.rado 5 0 / ()II/4T: 17 fee simple of /hot red./ • • CJf the : NE, .../45W7-./1-, • cihd • the NWV:-4.cf“.:7/4 (1tion 34, rownsh4:: 5- Sr, utn Ta nge- .90 kliest • Of Prif7Clio 01 Meiid/6h 1,-; the - County- of (2arie .17 fora o, .50 ,oarc e /y47 • t70/hiv,_i:e.ly ..the 11-: Ile5tcrly• ;.1,/ay 1.1oofor POCd- NO. -335 os Constructed and easterlv of 01:.'7,-vct as or it? 0G00. Said more pcirticuictirly de ;ot _ _- CO i77 T 1 C.-. 1.17 a at a poi /-3 1 t north rly right of 14,,L:iy of (..;0 14-?, OCO' !VC,. .3;,5! .1211.? tt,e 4o -Lr of 34. a, • found p a c-6-• 6;702'55 7-eet • (.400ii; scild 7he2 we./ iv' 744, -;?-7 et along • s= rot ter,c.e; ther7C7-• leayihg 301.0 /-8.r1=7.).-; 773..25 fe.l tc..) a point in • .the Colorado • thencc,, . 72'53'05' 6. 489.35 69et - sold 0/v - r' thence 50/0: river" S. .36'21'29 Li: 130,2.-) • • to c poine 017. SJfd r77// of 1f thooce5 5,3'1000" • 141. - 65597fe..-1 to the n "in c .• 44711 462,J7cd elt-; 0.6 7 -3. 00,,3, i -7 -/Ore F rflOrf•-"; 0 h:17,554 •!'4,k/' Dre;:er)I s pf 0 S2c-re int0 if)C.,-; 05 61-",•01,',17 (7c_41- Cl?5i1172te.' tr;15 • SOrr e • / 11/Y14.,(.4; the Cob -/7t" ,'„?orf That .5:47;1 Sot r•Wart 1)-11 of the streets crd e2.7.3 -3:47!•42/;914; Oat to th-c." use of th5 foreer, anci ded/oot0 the P.., 0/e0ue.5 those pos5ions o.1 said real ore es Lit //ley e c, se rneni s oh the occorTipaoying pic.-it ,terpetuc-Ji tn, i;,stellaton and mainil_erance . utliCes, irrgation, and cfroinage inch:id/rug but Noe /in-,:itt.N-„e to el001r7'c lines, gas lines, telephon,2 together E.;7.11? ;n1,:-Frie•ring trees ail t ush; with 1ir1_2etual right of- itlres.s' r, 30f • far 2J1- .04,'011716/7017Ce Of ah. /11765. 51,1Ci7 O'CISc-:?MP.)11-5 (7/7C -f nhts • 5/7011 &? re05-79705/e? and ',1,-)f rude,ht WITNESS 1.1/1-1Erf Or said ()Eli() er has caused his name to be /-sreJo.o subscribed . this day of A.D., State of /ora (JO 55 cout-itY Diane R, Boat, President tir:.-.:72 • , e Cr,...:;'),oci.r:!v. • 4/tY ...VAN!) At'15 it//y- exp/ -' A cid re. _S" Ni tory K1-;neth R. Wilson, do heeby certify that am a Professional Land Surveyor liceosed under the law of the State of Coloro'do, that this plat is a true, correct and co-,,plete of Rrverbend, Fling /5 os. "aid out, I_Vatted, (fed/toted and si''.1oVin hereon, that such p/Gt wo 3 made by is ((0 (7/ on o,:,,_7.rate .5' if rvi-lry proper ty and ,t'70' my 5uri,-71,1.,.0(7 on d :5,704,S 07e dirrien.sc?s of the boundory000 sernentS of cad s..1.150ivision os !.-J.,-E2 sOkel upon the crot..,ne /".3'77,L-ili,....-,;-)ce with GAL:Vico L,Ve regulation...E. n 4477,./5S5 06E0F 1 Kaye set my hard ona thc. ,•-) - _ Protes3ional Lond Surveyor # 710 COi C1./077/-7CA 77/5 07 C0/77i7710:71:47.1-15,`"2,(;',..7f-field County, jS Ci . , • r i.1/11 El; the CieK r• 0! )•.) • "•- C(•±.° I (/:e :1; 17/757 01/0077 5h(174'.72 h,f.-7-6)',."_;/:' tO the ,0,(401(1577•••%-i- r vc / 1 g/ :161 r: .1/7 ::;•1 • 0 IT. 51.7-E 1.17 LT . rhy (1.;,(/ •]-2:••••, • i..T.0717.„1/ C.1614.1‹ • .0_47_6 5, • • ./7 4-4/2 7-27/4 '77 _z• Job No. *90-200175 t'iraivn by: Ds.° Dote: 11,/f 7,496' K17 90.00271-71 RECEIPT/INVOICE Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)384-3470 Applicant RB Homes, Inc. RB Homes, Inc. Glenwood Springs, CO 81602 PO Box 1989 Return to: prangs, CO 81602 - Invoice Number: INV -8-12-22061 Invoice Date: 8/30/12 Plan Case: Subdivision Final Plat Amendment App, FPAA-8-12-7366 Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Memo: Fee Name Fee Type Fee Amount Final Plat Amendment App Fee Date Pay Type Fixed $100.00 Total Fees Due: $100.00 Check Number Amount Paid Change 11/07/2012 Check 2584 $100.00 $0.00 Total Paid: $100.00 Total Due: $0.00 RB HOMES, INC. P.O. BOX 1989 GLENWOOD SPRINGS, CO. 81602-1989 (970) 945-5550 OA E 232/1020 ORDER OF �/� /1Zly PAY TO THE f i. � �i [ I $ j oe of LABS 7 : sig ki;60 FOR., ( i �/ ve,-/Ae4411 u 2584 US BANK PO BOX 1600 SAINT PAUL, MN 56101 ti Wednesday, November 7, 2012