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HomeMy WebLinkAbout1.01 Declaration & Party Wall Agreement 05.02.2013DECLARATION AND PARTY WALL AGREEMENT This DECLARATION and PARTY WALL AGREEMENT ("Agreement") is made this _ , day of May, 2013, by RB Homes, Inc., a Colorado corporation (the "Declarant") WHEREAS, Declarant is the Owner in fee simple of the following real property located in Garfield County, Colorado, described as: Lots 8A and B, a Resubdivision of Lots 7 and 8, Riverbend P.U.D., Filing No. 5, according to the plat thereof recorded at Reception No. 515750 of the Garfield County records ("Subject Property") WHEREAS, Declarant has constructed on the Subject Property one (1) building consisting of two separate townhome units, herein referred to as Unit A and Unit B, which units are separated by a common wall; and WHEREAS, these units shall be known collectively as the Lot 8 Duplex (hereinafter "Duplex"); and WHEREAS, Declarant wishes to provide for separate ownership of the lots upon which each unit is located and to create easements relating to each lot, certain shared property, the party wall (placed equally divided by the common boundary separating the units), the footings underlying such party wall and the roof over such party wall. NOW, THEREFORE, in consideration of these premises, the sufficiency of which is hereby acknowledged, the Declarant hereby makes, publishes and declares the following easements and restrictions which shall hereafter run with the Subject Property and shall be binding upon and inure to the benefit of the Declarant, its successors and assigns, forever. 1. Creation of Separate Estates. The Subject Property consisting of two (2) separate lots, together with all improvements thereon, is hereby divided into two (2) separate estates as follows: Unit A, Lot 8 Duplex, 117 Riverboat Drive, Garfield County, Colorado, consisting of Lot 8A, all improvements thereon and all easements and rights-of-way appurtenant thereto as provided herein and as more particularly described in the map and final Plat attached hereto and incorporated herein by reference as Exhibit A. Unit B, Lot 8 Duplex, 123 Riverboat Drive, Garfield County, Colorado, consisting of Lot 8B, all improvements thereon and all easements and rights-of-way appurtenant thereto as provided herein and as more particularly described in the map and final Plat attached hereto and incorporated herein by reference as Exhibit A. After recording return to: Garfield & Hecht, PC 420 Seventh St., Suite 100 Glenwood Springs, CO 81601 RB Homes, Inc. Declaration and Party Wall Agmt. Lots 8A and 8B, a Resubdivision of Lots 7 and 8, Riverbend PUD, Filing 5 Page 2 2. Party Wall Declaration. The said party wall dividing Unit A and Unit B is hereby declared to be a party wall and shall be constructed as a party wall between said units under the laws of the State of Colorado except as specifically provided herein. 3. Party Wall Easement. Mutual reciprocal easements are hereby established, declared and granted for the party wall between Unit A and Unit B, which reciprocal easement shall be for mutual support, and shall be governed by this Declaration. Every deed, whether or not expressly so stating, shall be deemed to convey and be subject to such reciprocal easement. Neither owner of either Unit shall alter or change said party wall in any manner, interior decoration excepted, and said party wall shall always remain in the same location as when erected. 4. General Law — Party Walls. The wall that is built as part of the original construction of the duplex on the Subject Property and placed on the dividing line between the Lots/Units shall constitute a party wall. To the extent not inconsistent with the provisions of this Declaration, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply. 5. Repair and Maintenance of Party Wall. The cost of repair, replacement and maintenance of the party wall shall be borne equally by both owners of the Units. Both Unit Owners shall be responsible for all costs of repairs. The wallboard located on the interior of the separate Units that covers the party wall shall be maintained, repaired and owned by solely by that Unit Owner. 6. Damage to Party Wall. In the event of damage or destruction of said party wall from any cause, other than negligence of an owner, the then owners shall, at joint expense as outlined in Paragraph 5, repair or rebuild the wall, and each owner, his/her/its successors and assigns, shall have the right to the full use of said wall so repaired or rebuilt. If either owner's negligence shall cause damage to or the destruction of said wall, the negligent party shall pay one hundred (100%) of all costs to repair or restore such wall. In the case of negligence of one owner, the other owner may have such damage or destruction repaired or restored and shall be entitled to have a statutory mechanic's lien or other appropriate lien on the Unit of the owner at fault and failing to pay, for the amount of repair or replacement costs, interest accruing from the date of completion of repair or reconstruction at the rate of twelve percent (12.0%) per annum, plus costs and attorneys' fees. 7. Drilling Through the Party Wall. Either owner shall have the right to break through the party wall for the purpose of repairing and restoring sewage, water, electrical and/or other utilities, should any of these be installed therein, subject to the obligation to restore said wall to its previous structural condition at that owner's sole RB Homes, Inc. Declaration and Party Wall Agmt. Lots 8A and 8B, a Resubdivision of Lots 7 and 8, Riverbend PUD, Filing 5 Page 3 expense and the payment to the adjoining owner for any damage proximately caused thereby. 8. Roof and Exterior of Duplex. Maintenance and repair of the roofs of the Duplex shall be undertaken with the unanimous consent of both owners of the Units and at the proportional expense of both owners which shall be determined by reference to an owner's portion of the finished square footage of the Duplex building to that of the finished square footage of the entire Duplex building. While each owner of a Unit shall be responsible for the cost of work for the maintenance and upkeep of the exterior of their Unit, neither owner shall refinish or alter the exterior of their Unit in anyway with regard to changing the material, color, texture, style, or finish other than as unanimously agreed to by both owners or otherwise allowed for in this Declaration. If the owners cannot unanimously agree, then such alteration must match the existing materials, colors, textures, style and finish of the entire Duplex. 9. Decks. Each Unit owner may install decks on the exterior of their Unit at their sole expense. 10. Insurance. Each Unit owner shall obtain and maintain at all times liability insurance and insurance against loss or damage by fire and such other hazard as is generally covered in the area under standard extended coverage provisions for at least the full insurable replacement cost of the improvements on his/her/its Lot. Proof of such insurance shall be supplied by each Unit owner upon the reasonable request of the other Unit owner. The insurance shall provide that it cannot be cancelled by either the insured or the insurance company until written notice has been sent to the owner. Each owner may obtain whatever additional insurance he/she/it so desires. Each owner may, at any time, one year after the most recent appraisal, demand of the other owner an appraisal of the subject property for insurance purposes, or may have such appraisal made. In case of any such appraisal, the parties in each building shall share the cost thereof equally. 11. Utilities. A mutual easement for the benefit of both of the Units for the location, installation, maintenance, repair and removal of utility facilities, only if necessary, including but not limited to systems, lines, pipes, tanks, metering or distribution devices for gas, water, sewer, electricity, telephone or television purposes is hereby granted, together with the right to ingress and egress therefore, on, over or through the Subject Property and the improvements constructed thereon, subject to the obligation to restore as nearly as possible said Subject Property and improvements. 12. Driveway Easement. The Units have a common driveway. There is therefore granted hereby to the Units a non-exclusive reciprocal easement for ingress and egress purposes over and across those portions of the Lots that are used as a driveway and which are more particularly noted on the plat attached hereto as an access RB Homes, Inc. Declaration and Party Wall Agmt. Lots 8A and 8B, a Resubdivision of Lots 7 and 8, Riverbend PUD, Filing 5 Page 4 easement. Said easement for the driveway shall be mutually maintained at the equal expense of the Unit owners. However, each Unit owner, their guests and invitees may only park their vehicles on their own Lot and shall not block or otherwise interfere with access to the other Unit. 13. Common Fences. Any fences located along the common boundary between Lots shall be maintained by the owners in accordance with the terms set forth in Paragraph 5, above. 14. Covenants Running with the Land. The easements and restrictions hereby created are and shall be perpetual and construed as covenants running with the land and each and every person accepting a deed of anywise any portion of the Subject Property shall be deemed to have accepted the same with the understanding that they are bound hereby. The undersigned, in executing and delivering deeds to the described Subject Property, shall provide by reference, in said conveyances, that the same are subject to the terms, conditions, reservations, restrictions and covenants herein contained, and may designate the Book, Page and Reception number of the Garfield County, Colorao real estate records in which this instrument is recorded. 15. Amendments. This Declaration may be amended or revoked only by instrument in writing duly executed and acknowledged by the owners of all Units in the Subject Property and all holders of record of first mortgages or first deeds of trust thereon, and upon the recording of such amending instrument in the real property records of Garfield County, Colorado. 16. Severability. If any provision of this Declaration or any provision, section, sentence, clause, phrase or word, or the application thereof is determined to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision, section, sentence, clause, phrase or word. 17. Fixtures and Equipment. Each Unit shall have its own separate fixtures, utility hookups and equipment, including but not limited to: electrical fixtures, plumbing fixtures, doorways, windows, gas mains and meters, water meter, electrical meter, sewer service line and furnace. Each Unit owner shall be responsible for the repair and maintenance of such fixtures and equipment for his/her/its Unit. 18. Attorneys Fees. Should any Unit owner be required to take action to enforce, by legal proceedings or otherwise, any condition, restriction, covenant or other right or obligation imposed pursuant to this Declaration, the prevailing party, as determined by the Court, shall be entitled to recover costs and reasonable attorneys' fees. RB Homes, Inc. Declaration and Party Wall Agrnt. Lots 8A and 8B, a Resubdivision of Lots 7 and 8, Riverbend PUD, Filing 5 Page 5 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of May, 2013. STATE OF COLORADO COUNTY OF GARFIELD )ss ) DECLARANT:, RB HOMES 1 Steven J. Baat, gNW.- ent tc0 Subscribed and sworn to this day of May, 2013, by persons satisfactorily identified to me as Steven J. Boat as president of RB Homes, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: NOTARY P BLIC KATHY THISSEN NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19984030478 My Commission Expires November 2, 2014