HomeMy WebLinkAbout1.0 Application• •
0235 Oak Lane
Glenwood Springs, Colorado 81601
Phone 945-6190
945-6619
RECEIVED,
June 15, 1987 JUN 16 lag7
GA RF/ EL D
COUNTY 'COMMISSIONERS
Board of County Commissioners
Garfield County
201 8th Street
Glenwood Springs, CO 81601
Gentlemen:
RE: Westbank Ranch P.U.D. Filing No. 4
Reference is made to the Subdivision Improvements Agreement
of September 7, 1982 between Westbank Ranch No. 1, Ltd,
the developer and your Board regarding the above development.
Because of the general depressed condition of the local
economy, making the marketability of lots in this development
unlikely, the developer request, (1) a one-year extension,
from November 1, 1988 to November 1, 1989 to perform its
obligations (installation of improvements) under section 1
of the agreement and (2) a one-year extension, from July 1,
1987 to July 1, 1988 to post the security for such
improvements. The developer also requests all other
applicable deadline dates, in both the agreement and the
Consent to Vacation of Plat, be similarly extended for the
one-year period.
The developer requests a favorable decision from the Board
at its June 29, 1987 regular meeting at 10:00 a.m.
Thank you very much.
Sincerely,
(;\//__
John Huebinger
P esident
JH/jae
JAMES M. LARSON
STEVEN M. BEATTIE
LARSON &BEATTIE
ATTORNEYS AND COUNSELORS AT LAW
201 CENTENNIAL STREET
SUITE 203
GLENWOOD SPRINGS, CO. 81601
September 12, 1983
Earl G. Rhodes
Garfield County Attorney
P. O. Box 640
Glenwood Springs, CO 81602
Re: Westbank
Dear Earl:
1093
GAS FiELD
;fhJNTY . ATTORNEY'
TELEPHONE
(303) 945-8659
Delivered herewith is First Amendment to Subdivision
Improvements Agreement pertaining to Westbank 4 Development,
in the format you prepared and with a correction thereon to
include a reference as noted in paragraph 5. Otherwise,
your proposed amendment seems to be in order, and, as
revised, it is delivered herewith, in one original, fully
executed by the President and Secretary of the general
managing partner of Westbank Ranch No. 1, Limited.
I would appreciate your seeing to the proper execution
by the county officials, the subsequent recording of the
First Amendment, and your then forwarding to me a complete
photocopy of the original recorded document for my records.
Thank you very much.
Yours very truly,
James M Larson
JML/cr
Enclosure
pc: John Huebinger, President
Westbank Ranch Development Company, Inc.
P.O. Box 640
• •
GARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
Glenwood Springs, Colorado 81602-0640 Phone 945-9158
August 8, 1983
James M. Larson, Esquire
201 Centennial, #203
Glenwood Springs, CO 81601
RE: West Bank IV Development
Dear Jim:
Pursuant to our discussions of late, enclosed please find a
First Amendment to Subdivision Improvements Agreement. If
this meets with your client's approval, please sign the ori-
ginal and one copy and return to this office. I will then
take this before the Board of County Commissioners at the
next meeting.
If you have any further questions, please do not hesitate to
contact me.
Very truly yours,
Earl G. Rodes
Garfield County Attorney
EGR/sl
Enclosure
pc: Mark Bean, Sr. Planner
DICTATED BUT NOT READ
• • RE
LARSON & BEATTIE
ATTORNEYS AND COUNSELORS AT LAW
201 CENTENNIAL STREET
SUITE 203
GLENWOOD SPRINGS, CO. 81601
ro
001110qP,17
JAMES M. LARSON TELEPHONE
STEVEN M. BEATTIE (303) 945-8659
June 23, 1983
Board of County Commissioners
Garfield County
201 8th Street
Glenwood Springs, CO 81601
Re: Westbank Ranch P.U.D. Filing No. 4
Gentlemen:
Reference is made to the Subdivision Improvements Agreement of
September 7, 1982 between Westbank Ranch No. 1, Ltd., the developer,
and your Board, regarding the above development.
Because of the general depressed condition of the local economy,
making the marketability of lots in this development unlikely, the
developer requests, through its undersigned legal counsel, (1) a
one-year extension, from November 1, 1984 to November 1, 1985 to
perform its obligations (installation of improvements) under section 1.
of the agreement, and (2) a one-year extension, from July 1, 1983
to July 1, 1984 to post the security for such improvements. The
developer also requests all other applicable deadline dates, in both
the agreement and the Consent to Vacation of Plat, be similarly
extended for the one-year period.
Photocopies of the recorded agreement, and of the consent, are
attached hereto.
The developer requests a favorable decision frau the Board at
its .June 27, 1983 regular meeting.
Thank you very much.
Yours very truly,
qa341tt/) M .
James M. Tarson
JAL/cr
pc: Garfield County Attorney
County Development Department
•
JEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
800 COLORADO AVENUE
PO. BOX 1458
GLENWOOD SPRINGS, COLORADO 81602-1458
PHONE (303) 945-2550 FAX (303) 945-1410
•
PO BOX 4808
PAGOSA SPRINGS, COLORADO 81157
PHONE (303) 731 -5743
MEMO TO: Garfield County Planning Commission
FROM: Jerome Gamba & Associates, Inc
SUBJECT: Westbank Ranch, Filing #4
DATE: 14 April 1993
On Thursday, 9 April we received a draft copy of the "PROJECT INFORMATION AND
STAFF COMMENTS". We have reviewed this information and believe that we understand
the staff concerns regarding this project.
In response to this staff report, we submit the following:
1) We appreciate that the Garfield County Comprehensive Plan calls for the provision of
"affordable and diverse housing types capable of accommodating the needs of County
residents, in all income ranges, without putting a financial burden on existing public
services" and we respect that. This project will pay its own way and will not put a
financial burden on existing public services. We can not believe that the writers of the
Comprehensive plan expected that each and every development project would provide
"affordable" (what ever that means) and diverse housing types for "all income ranges".
We suspect that this goal is not possible to achieve, because some "income ranges" can
not now and never will be able to purchase homes.
2) We understand that the development of this property will require certain specifications
to accommodate to onsite soil conditions relative to building foundations and individual
sewage disposal systems.
3) Preliminary plan submittals are being prepared which will illustrate that the property can
be developed, providing a minimum of one acre building sites with land slope less than
40% and responding to the concerns of the Planning Staff, BLM, State Forest Service,
Division of Wildlife and fire protection district. These submittals will also be available for
public hearing before the Board of County Commissioners.
On the basis of the above, we respectfully request that the plan be approved, conditional
upon receipt of the above noted documentation submitted at preliminary plan.
Respctfully,
J7 F. Gamba
P.O. Box 640
January 26, 1983
• •
GARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
Glenwood Springs, Colorado 81602-0640 Phone 945-9158
James M. Larson, Esquire
201 Centennial, #203
Glenwood Springs, CO 81601
RE: West Bank Ranch IV
Dear Jim:
Pursuant to our previous conversation, enclosed please find a copy of the
recorded Subdivision Improvements Agreement with all the recording
information contained thereon. I believe this completes my responsibilities
to you as to this matter. However, if you have any further questions, please
do not hesitate to contact me.
Very truly yours,
Earl G. Rhdes
Garfield County Attorney
EGR/sr
Enclosure
cc: (w/enc.) Dennis Stranger, Director, Dept. of Development
Dennis:
For your files, also please find enclosed a copy of the Protective Covenants,
Conditions and Restrictions as to the West Bank Ranch Planned Unit Development
Filing No. IV.
Earl.
October 19, 1981
Mr. Earl Rhodes
Garfield County Attorney
P.O. Box 640
Glenwood Springs, CO 81602
Dear Mr. Rhodes:
OCT 20 1981
COUNTY ATTOR V'
the
desi,n
rtnership
Enclosed please find the legal description for t e Westbank
Ranch P.U.D. Filing No. 4 which shall also be the legal
description for the Westbank Ranch P.U.D.
If you should have any questions, please do not hesitate to
call.
Sincerely,
Ronald B. Liston
The Land Design Partnership
RBL/njh
Enclosure
403 West First Street Glenwood Springs Colorado 81601 (303) 945-2246
•
c)alar Country
P.O. Fiox 163 (3:3; E76-2222
730 Man Edi. Coiu- 01652
WESTBANK RANCH P.U.D. FILING NO. 4
Garfield County, Colorado
BOUNDARY DESCRIPTION:
•
A parcel of land situated in Lot 15 of Section 35, Township 6 South, Range 89 West
of the Sixth Principal Meridian, Lots 13,14,15,24 and 25 of Section 1, and Lots
5,8,9,10,11,12,13,14,15,16,18,19,20,21 and 22 of Section 2, Township 7 South,
Range 89 West of the Sixth Principal Meridian, all in Garfield County, Colorado,
lying Southerly of Westbank Ranch Planned Development Subdivision Filing No. 1
and Westbank Ranch Subdivision Filing No. 2 and No. 3, as amended, all as filed
in the Garfield County, Colorado records, and Westerly of a line in said Section 1
partly described by Book 416 of Page 336 as filed in the Garfield County, Colorado
records, said parcel of land is more fully described as follows:
Beginning at the Northwest Corner of Lot 5 in said Section 2, whence the Northwest
Corner of said Section 2 bears: N.89°44'39"W. 610.49 feet; thence N.11°24'48"E.
158.75 feet to the Southwest Corner of said Westbank Ranch Filing No. 1; thence,
along the Southerly boundary lines of said Westbank Ranch Filings No. 1, No. 2,
and No. 3, N.77°39'00"E. 112.73 feet; thence N.63°09'52"E. 159.87 feet;
thence S.35°32'48"E. 210.99 feet; thence 5.31'43'00"W. 75.00 feet; thence
S.69°27'00"E. 130.00 feet; thence S.28°57'00"W. 160.00 feet; thence N.86°03'00"E.
190.00 feet; thence S.45°23'00"E. 130.00 feet; thence S.05°23'20"W. 300.15
feet; thence S.61°18'14"E. 231.81 feet; thence S.28°07'00"E. 160.00 feet;
thence N.60°30'00"E. 78.00 feet; thence S.37°06'00"E. 55.45 feet; thence
S.79°17'00"E. 492.88 feet; thence S.64°37'00"E. 336.67 feet;
thence S.69°29'00"E. 390.82 feet; thence S.81°03'00"E. 358.60
feet; thence N.89°22'00"E. 342.78 feet; thence S.78°00'00"E. 349.80 feet;
thence N.87°02'00"E. 374.60 feet; thence S.88°23'00"E. 626.00 feet; thence
S.76°37'00"E. 39.95 feet; thence S.50°31'33"E. 298.72 feet; thence N.61°40'41"E.
339.92 feet; thence S.50°00'00"E. 25.74 feet; thence 303.16 feet along the
arc of a curve to the left, having a radius of 329.13 feet, the chord of which
bears: S.76°23'15"E. 292.56 feet; thence 65.26 feet along the arc of a curve
to the right, having a radius of 45.00 feet, the chord of which bears: S.61°13'45"E.
59.69 feet to a point on the said described line in said Section 1, whence the
Northwest Corner of said Section 1 bears: N.20°00'40"W. 1523.72 feet; thence,
leaving said Westbank Ranch filings, along the said described line, S.19°41'00"E.
196.35 feet; thence S.34°08'00"E. 283.00 feet; thence S.52°22'00"E. 706.00
feet; thence S.32°58'00"E. 582.60 feet; thence S.44°29'00"E. 549.27 feet
(record 406.0), more or less to a point on the East line of Lot 24 in said Section
1; thence, leaving the said described line, S.01°18'00"E. 252.92 feet, more or
less, to the Southeast Corner of Lot 24 in said Section 1; thence S.89°37'46"W.
1965.07 feet to the Southwest Corner of Lot 25 in said Section 1; thence
S.00°48'12"E. 843.20 feet to the Southeast Corner of said Section 2; thence
N.89°21'20"W. 2606.36 feet to the South Quarter Corner of said Section 2; thence
N.01°04'18"W. 2139.78 feet to the Southeast Corner of Lot 16 in said Section 2;
(whence the Center of said Section 2 bears: N.01°04'18"W. 465.01 feet); thence
S.89°57'32"W. 745.65 feet to the Southwest Corner of Lot 16 in said Section 2;
thence N.00°03'32"E. 468.68 feet to the Northwest Corner of Lot 16 in said
Section 2; thence N.89°45'00"W. 606.04 feet to the Southwest Corner of Lot 8
in said Section 2; thence N.00°02'31"W. 858.00 feet to the Northwest Corner of
Lot 8 in said Section 2; thence S.89°47'29"W. 722.54 feet to the Southwest Corner
of Lot 5 in said Section 2; thence N.01°17'11"E. 797.35 feet to the Northwest
Corner of Lot 5 in said Section 2, the POINT OF BEGINNING, containing 285.08 acres,
more or less.
September 17, 1981
Job No. 1080611
• •
WESTBANK RANCH PLANNED UNIT DEVELOPMENT, FILING NO. 4
PROTECTIVE COVENANTS, CONDITIONS, APD RESTRICTIONS
Westbank Ranch No. 1, Ltd., a Colorado limited partnership, by
and through its duly authorized general partner, Westbank Devel-
opment Co., Incorporated, a Colorado corporation, as the fee
owner of Westbank Ranch Planned Unit Development, Filing No. 4,
desiring to assure the development and continuity of Westbank
Ranch Planned Unit Development, Filing No. 4, as a residential
subdivision, for itself, its successors, legal representatives,
assigns and grantees, hereby declares to and for the benefit of
all persons who may hereafter purchase or otherwise acquire and
from time to time own lots in Westbank Ranch Planned Unit Develop-
ment, Filing No. 4, that said ownership and holding of said lots
shall be subject to the following protective covenants, conditions,
and restrictions, all of which shall be deemed to be appurtenant
to and run with the title to the land and inure to the benefit of
and be binding upon the owners of said lots, their heirs, successors,
devisees, legal representatives and assigns.
ARTICLE I
Purpose of Covenants
It is the intention of the fee owner of Westbank Ranch
Planned Unit Development, Filing No. 4, expressed by the execution
of this instrument, that the lands within Westbank Ranch Planned
Unit Development, Filing No. 4, 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 surrounding of Westbank Ranch Planned Unit
Development, Filing No. 4, always be protected insofar as is
possible in connection with the uses and structures permitted by
this instrument; and in furtherance of said objectives, it is
also the purpose of these Covenants to define and limit the use
and occupancy of said property in accordance herewith.
ARTICLE II
Definitions
1. Committee. The term "Committee" as used herein means
the Architectural Control Committee established in Article IV
hereof.
2. Covenants. The term "Covenants" as used herein means
this document, comprising a total of pages, entitled
"WESTBANK RANCH PLANNED UNIT DEVELOPMENT, FILING NO. 4, PROTECTIVE
COVENANTS, CONDITIONS, AND RESTRICTIONS."
3. Declarant. The term "Declarant" as used herein means
Westbank Ranch No. 1, Ltd., a Colorado limited partnership.
4. Lot. The term "Lot" as used herein means any of the 60
individual lots as depicted on the final plat of Westbank No. 4
filed with the Garfield County Recorder, which plat is hereinafter
more particularly identified. Some of the Lots are approved for
one single-family dwelling unit only; and some of the Lots are
approved for multi -family dwelling units.
5. Residence. The term "Residence" as used herein means
single-family dwellings and any dwelling unit within a permitted
multi -family building.
• •
6. Residential Purpose. The term "Residential Purpose" as
used herein means the use of a residence as a home and principal
dwelling place by the occupant thereof.
7. Westbank No. 4. The term "Westbank No. 4" as used
herein means all the lands included in Westbank Ranch Planned
Unit Development, Filing No. 4, as described on the plat filed
for record with the Garfield County Recorder on
1982, as Reception No.
ARTICLE III
Membership in Westbank Ranch Homeowners Association
1. The Westbank Ranch Homeowners Association, now known as
the Westbank Ranch Golf and Country Club, is that certain currently
existing nonprofit Colorado corporation whose Articles of Incorporation
were duly filed with, and for which a Certificate of Incorporation
was duly issued by, the Secretary of State of the State of Colorado
on April 2, 1976. References in these Covenants to the Westbank
Ranch Homeowners Association shall mean said corporation, as
incorporated and as the Articles for which have been or may
hereafter be duly amended from time to time.
2. All persons or associations (other than the Westbank
Ranch Homeowners Association) who own or acquire the title in fee
to any lot in Westbank No. 4, by whatever means acquired, shall
automatically become members of the Westbank Ranch Homeowners
Association, and thereby become subject to all by-laws, rules,
and regulations pertaining to such membership.
ARTICLE IV
Architectural Control Committee
1. Establishment of Committee. There is hereby created an
Architectural Control Committee for the purposes stated hereinbelow.
The Architectural Control Committee shall consist of John Huebinger
and Dolores J. Huebinger, or three or more members appointed by
them, which members shall be owners of lots in Westbank Ranch
Planned Development Subdivision - Filing No. 1, the plat of which
is filed of record with the Garfield County Recorder as Reception
No. 248729; Westbank Ranch Subdivision - Filing No. 2, the plat
of which is filed of record with the Garfield County Recorder as
Reception No. 253366; Westbank Ranch Subdivision - Filing No. 3,
the plat of which is filed of record with the Garfield County
Recorder as Reception No. 261679; or Westbank No. 4. Said Archi-
tectural Control Committee shall have and exercise all of the
powers, duties, and responsibilities set out in this instrument.
2. Approval by Architectural Control Committee. Before
anyone shall commence the construction, reconstruction, remodeling,
addition to, or alteration of any building, swimming pool, wall,
fence, coping, or other structure or improvement whatsoever
(hereinafter collectively called "structures or improvements"),
on any Lot, there shall be submitted to the Architectural Control
Committee two complete sets of the plans and specifications for
said work prepared by an architect or qualified designer in the
business of designing homes. No structures or improvements of
any kind shall be built, erected, altered, placed or maintained
upon any Lot unless and until two (2) complete sets of final plans,
elevations, and specifications therefor have received written
approval as herein provided. Such plans shall include plot plans
showing the size and location on the Lot of the structures or
improvements proposed, the elevations of same, the proposed color
schemes and materials, and all other information the Committee
determines to be necessary in order to determine if the proposed
structure or improvement will be made in conformance with these
Covenants. The Committee shall have the right to refuse to
approve any plans or specifications which are not in conformance
with these Covenants or otherwise not consistent with the purposes
and provisions hereof, in the Committee's judgment, 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 structures or improvements, and of the materials
of which they are to be built, the site upon which they are proposed
to be erected, the harmony thereof with the surroundings, and the
• •
effect of the proposed structures or improvements on the view
from adjacent or neighboring property.
3. Method of Approval. The Committee shall approve or
disapprove in writing, said plans and specifications within
thirty days from the receipt thereof. One set of said plans and
specifications with the approval or disapproval shall be retained
by the Committee, and the other set with the approval or disapproval
shall be returned to the person submitting them. In the event
no action is taken to approve or disapprove such plans and specifi-
cations within said thirty day period, the provision requiring
written approval of said plans and specifications by the Committee
shall be deemed to have been waived, and said plans and specifi-
cations shall be deemed to have been approved by the Committee.
4. Architectural Control Committee Not Liable. Neither the
Architectural Control Committee nor any individual member thereof
shall be responsible or liable to any person submitting plans and
specifications, to any owner of any Lot, or to any other person
or entity in any manner whatsoever for any actions or inactions
hereunder or for any defect in any plans or specifications submitted
to or as revised by said Committee, or for any work done pursuant
to said plans and specifications. Each Lot owner and each person
submitting plans and specifications hereby forever waives, and
hereby forever releases and discharges the Committee and its
individual members from, any and all claims, demands, damages,
costs, and suits as a result of or based upon or related to any
and all such actions, inactions, defects, or work.
5. Governmental Approval. The powers, duties, and responsi-
bilities of the Committee are in addition to and not in substitution
for the powers, duties, and responsibilities of any governmental
unit or agency having jurisdiction over the approval of construction
plans and specifications, and the construction, reconstruction,
remodeling, addition to, or alteration of any structures or
improvements. Persons submitting plans and specifications to the
Committee shall also comply with all valid laws, ordinances,
resolutions, and regulations of any such governmental unit or
agency regarding the approval of such construction plans and
specifications and their implementation.
ARTICLE V
General Restrictions on Use
1. Residential Purposes. The Lots in Westbank No. 4 shall
be used solely for Residential Purposes. The units constructed
upon the Lots shall be used and occupied only by the owner thereof,
the owner's family, and his guests or tenants. No more than one
family shall reside in any residence located on a Lot approved
for single family dwellings only. No more than one family shall
reside in each of the residential units located on a Lot approved
for more than one single family dwelling unit.
2. Construction Standards.
A. The minimum size of each single-family dwelling shall
be at least 1,200 square -feet measured on the outside foundation
walls, exclusive of decks, open porches, or garages. The minimum
size of each unit of a multi -family dwelling permitted by these
Covenants shall be at least 900 square feet measured on the inside
of the ground level floor, exclusive of decks, open porches, or garages.
B. No structure shall be permitted on any Lot which
exceeds twenty-six (26) feet in height from the highest natural
finished grade line immediately adjoining the foundation or
structure.
C. No structure shall be erected by means of other
than new construction, it being the purpose of this covenant to
insure that old buildings will not be moved from previous locations
and placed upon a Lot.
-3-
• •
D. All structures, except roofs, shall be constructed
of either brick, concrete, stone, lumber, or a combination thereof.
The use of cinderblock shall not be allowed unless it is faced
with another material herein approved. Roofs shall be constructed
of wood shingles, painted metal, or sod.
3. Compliance with Zoning Regulations and Laws. No lands
within Westbank No. 4 shall ever be occupied or used by or for
any structure or purpose or in any manner which is contrary to
the zoning resolution of Garfield County, Colorado for said
development, or any other laws, rules, or regulations duly
enacted or adopted and applicable in the premises.
4. Mining, Drilling or Quarrying. Mining, drilling,
quarrying, tunneling, excavating, and related activities for any
substance within the earth, including but not limited to water,
oil, gas, minerals, gravel, coal, sand, rock, and earth, shall be
permitted only within those portions of Westbank No. 4 not designated
on the final plat as LOTS.
5. Business, Commercial, or Trade Uses: No business,
commercial, or trade activities shall be conducted on any Lot,
except to the extent permitted in the last sentence of this para-
graph 5. This restriction shall not be construed in such a
manner as to prohibit a Lot owner or occupant from: (a) maintaining
his personal or professional library thereon; (b) keeping his
personal, business, or professional records or accounts thereon;
or (c) handling his personal, business, or professional telephone
calls or correspondence therefrom. Such uses are expressly
declared to be customarily incidental to the principal residential
use and purpose of Lots and shall not be construed to be in
violation of these Covenants. Furthermore, this paragraph 5
shall not be construed to prohibit the use of any portion of the
lands in Westbank No. 4 by Declarant for the sale of Lots, which
use is expressly declared to be an exception to the restrictions
of this paragraph 5.
6. Animals and Agriculture. Residents may keep dogs, cats,
or other animals which are bona fide household pets on lands
within Westbank No. 4 so long as such pets are not kept for
commercial purposes, do not make objectionable noises, do not run
at large or beyond the control of their owner, and do not otherwise
constitute a nuisance or inconvenience to any of the residents of
Westbank No. 4. No cattle, horses, sheep, goats, swine, 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.
7. Landscaping. Lots may have no more than 75% of yard
area put into lawn, turf, garden, sodded area, or other growth
requiring irrigation, provided that in no event shall single
family Lots have more than 5,000 square feet of area requiring
irrigation, and further provided that in no event shall lots
permitting more than one dwelling unit have more than 5,000
square feet of area requiring irrigation times the number of
units allowed on such Lots. Grounds over 25% slope are not to be
included in the 75% computation.
8. Signs. No advertising signs or signs of any character
shall be erected, placed, permitted, or maintained on any Lot or
structure within Westbank No. 4 other than one "For Sale" or one
"For Rent" sign having no more than six (6) square -feet approved
by the Architectural Control Committee, and a name plate and
street number of the occupant having no more than four (4) square
feet.
9. Resubdivision. No Lot shall ever be resubdivided into
smaller lots or tracts, nor conveyed or encumbered in any less
than the full original dimensions as shown on the recorded plat
of Westbank No. 4 EXCEPT THAT Lots allowing more than one dwelling
unit may be resubdivided in accordance with then existing sub-
division laws and regulations in such a manner as to have a
separate ownership estate for each dwelling unit, with the remaining
portion of the Lot, as the then Lot owner determines,
• •
to be either held in common for the benefit of all dwelling units
upon said Lot or divided in some manner among those who are to
hold separate ownership estates in the dwelling units upon said
Lot.
10. Combining Lots. If two or more contiguous Lots are
owned by the same owner, they may be combined into one Lot by
means of a written document executed by the owner thereof and
duly acknowledged, approved in writing by the Architectural
Control Committee and by any governmental unit or agency having
jurisdiction thereof, and recorded in the real property records
of Garfield County, Colorado. As part of its approval, the
Committee may vacate or extinguish any easement reserved in
ARTICLE VI hereof or on the plat of Westbank Ranch Planned Unit
Development, Filing No. 4, filed aforesaid as Reception No.
, which is no longer necessary as a result of the
elimination of lot lines upon the combining of Lots
11. Service Yards, Trash, Tanks, and Wood Piles. Each
residence must maintain an enclosed service yard of sufficient
size to conceal garbage cans, clothes lines, and storage piles
(except wood piles) from Lots, roads, and all common areas within
or adjacent to Westbank No. 4. No above ground oil, gas, water,
or other tanks shall be permitted on any Lot. Wood piles are
permitted provided: (a) they are always maintained in a neat,
orderly condition; and (b) their location and dimensions have
received the prior written approval of the Committee.
12. Vehicles.
A. All motor vehicles must be currently licensed and
bear, when legally required, a valid safety inspection sticker.
B. No snowmobiles or two -wheeled or three -wheeled
motorized vehicles shall be operated in Westbank No. 4, except
that motorcyles may be utilized for transportation in and out of
Westbank No. 4.
C. No vehicles, boats, campers, trailers, snowmobiles,
or other such recreational vehicles or devices shall be stored or
permitted to remain for more than three (3) continuous days on
any Lot unless the same are stored from view or in a garage.
D. No business vehicles shall be permitted which do
not completely enclose within the vehicle all machinery, equipment,
and other evidence of the trade, craft, or business other than
advertising signs affixed to the vehicle not exceeding a total
for all such signs of four (4) square -feet per vehicle.
13. Underground Utility Lines. All utility pipes and lines
within the limits of Westbank No. 4 must be buried underground
and may not be carried on overhead poles nor above the surface of
the ground. All such service must be buried underground from the
point where said utilities take off from transformers and terminal
points supplied by the developer. Transmission lines now in
place may remain overhead.
14. Construction of Dwelling House.
A. All construction and alteration work shall be
prosecuted diligently. Each structure or improvement shall be
commenced and completed within twelve months from the date of
approval by the Committee of the plans and specifications therefor,
as provided by ARTICLE IV, paragraph 2 hereof, unless, upon
written application for an extension filed by the Lot owner with
the Committee, such completion is extended in writing by the
Committee prior to the expiration of said twelve-month period.
Any such written application for extension must be filed with the
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Committee at least twenty (20) days prior to the expiration of
said twelve-month period; otherwise the Committee shall have no
obligation to act upon such written application.
B. Such completion shall be evidenced by a certificate
of occupancy issued by the appropriate government agency and by a
certificate of completion issued by the Committee. No persons
may live in or use as a dwelling place a partially constructed
building or occupy same without a certificate of occupany. In
the event of a breach of this covenant, the declarant and/or
Westbank Ranch Homeowners Association shall have the right to
complete construction of any incompleted building, structure, and
improvement under the provisions of Article VII, paragraph 2
hereof.
15. Temporary Structures. No temporary house, trailer,
tent, garage, or outbuilding shall be placed or erected upon any
part of any Lot in Westbank No. 4; provided, however, that during
the actual construction of any structures or improvements upon
any Lot, necessary temporary buildings for the storage of materials
and other construction purposes may be erected and maintained by
the person doing the construction.
16. Towers and Antennas. No towers or radio and television
antennas, equipment, or apparatus shall be erected, placed, or
permitted to remain on any Lot within Westbank No. 4 except that
normal radio and television antennas attached to a dwelling house
may project up to six feet above the highest point of the roof of
the structure.
17. Exterior Lighting. Prior to installation of exterior
lighting, all exterior lighting and light standards on Lots shall
be approved in writing by the Architectural Control Committee for
harmonious development and the prevention of lighting nuisance to
other residents of Westbank No. 4.
18. Set Back Restrictions. All structures or improvements,
other than fences, terraces, entrances, and steps, shall be set
back at least 25 feet from the street lot line, 10 feet from the
side lot lines, and 30 feet from the rear lot line. Placement or
erection of any and all structures or improvements on Lots within
Westbank No. 4 must be approved by the Architectural Control
Committee prior to the commencement of construction.
19. Walls and Fences. Walls, fences, and coping shall be
limited to six feet in height measured from the adjoining ground
surface inside the wall or fence. Boundary planting along any
lot lines, except trees with single trunks, shall not be permitted
to grow higher than eight feet. No chain link fences shall ever
be permitted in Westbank unless prior written approval is given
by the Architectural Control Committee.
20. 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 building materials shall be permitted to
remain exposed on any Lot so as to be visible to any neighboring
Lot, road, or the Westbank Ranch Golf Course, except as is
necessary during the period of initial construction. Each Lot
shall at all times be kept clear of weeds and other unsightly
growth.
21. Nuisance. Nothing shall be done on any of the Lots
which is a nuisance or might become a nuisance.
• •
ARTICLE VI
Easements Reserved
1. Easements and rights of way in perpetuity are hereby
reserved for the installation, erection, construction, repair,
maintenance, replacement, improvement, and operation of wires,
cables, pipe, irrigation ditches, conduits, and apparatus for the
transmission of electrical current, telephone, television and
radio lines, and for the furnishing of other utility services,
together with the right of entry for the purpose of installing,
constructing, erecting, repairing, maintaining, replacing,
operating, and improving said utilities, over, on, across,
under, and through those portions of Westbank No. 4 as depicted
on the final plat.
2. There is hereby created solely for the benefit of and
use by Declarant, or the Westbank Ranch Homeowners Association,
or person or persons designated in writing by Declarant or such
Association, a perpetual non-exclusive blanket easement upon,
across, over, and under Westbank No. 4 for installation, con-
struction, erection, repair, maintenance, replacement, and
operation of any or all of the foregoing utilities, portions
thereof, or service lines therefrom, PROVIDED THAT the easement
as provided in this paragraph 2 shall automatically be extinguished
as to each Lot upon the issuance by the Committee of the required
certificate of completion for improvements upon such Lot except
to the extent the Committee may provide otherwise in writing at the
time of issuance of such certificate.
3. The easements herein reserved may be vacated or extin-
guished by the Committee upon the combining of Lots, as permitted
under ARTICLE V, paragraph 10.
ARTICLE VII
Enforcement
1. Judicial Relief. Any violation of the provisions, con-
ditions, or restrictions contained herein shall entitle the
Declarant or any other Lot owner or the Architectural Control
Committee or the Westbank Ranch Homeowners Association to apply
to any court having jurisdiction thereof for an injunction or
other proper judicial relief in order to enforce same, or to
recover damages; and in addition to all other relief, the prevailing
party shall be entitled to recover his court costs and reasonable
attorney fees.
2. Declarant's Right To Remedy Violations. If the owner of
any Lot in Westbank No. 4 shall default in the performance of any
covenant or condition hereof or shall violate any of the covenants,
restrictions, or rules herein contained, the Declarant or the
Westbank Ranch Homeowners Association may, after 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. In exercising such right, neither the
Association nor Declarant shall be liable, civilly or criminally,
for trespass or entry onto or into property or for any other
claim, cause of action, or alleged violation of law. All costs
and expenses incurred by Declarant or Association, including
reasonable attorney 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, shall be included and added to any judgment made or
given to or in behalf of the Declarant or party prosecuting same.
3. Lien and Foreclosure. Any violation or default as
provided in paragraphs 1 and 2 under this ARTICLE VII shall
• •
entitle Declarant, Committee, or Westbank Ranch Homeowners
Association, as the case may be, in addition to other rights and
remedies set forth, to file of record a statement of lien with
the Garfield County Recorder against the Lot the subject matter
of such violation or default. Such statement of lien shall be
for and on account of such violation or default; shall include an
amount of money as damages, if any are appropriate in the circum-
stances; and may include at the option of the claimant all sums
expended and to be expended for costs, expenses, and attorneys'
fees by the claimant as a result of or arising out of such violation
or default. Upon such filing, such statement of lien shall
create a lien upon such Lot and shall constitute notice thereof
to the world. A copy of the statement of lien shall be personally
delivered to the Lot owner or mailed, certified mail, to the Lot
owner at his most current address as shown on the records of the
party asserting the lien. Any time after the passage of thirty
(30) days from the date of recording such statement of lien with
the Garfield County Recorder, the lien may be foreclosed against
such Lot the same as deeds of trust to public trustee may be
foreclosed, or may be foreclosed judicially, under the laws of
the State of Colorado. Such liens shall have priority as against
all other claims upon the subject Lot except the lien of general
ad valorem taxes and any valid and recorded judgment, mortgage,
or deed of trust adjudged or stipulated to have priority.
4. No Waiver; Rights Cumulative. No delay, alleged delay,
failure or alleged failure 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 of the right to
exercise same or an acquiescence in the violations. Various
rights and remedies of all persons hereunder shall be cumulative;
and the Declarant, Committee, Westbank Ranch Homeowners Association,
or any other Lot owner may use any or all of said rights without
in any way affecting the ability of any of such other parties to
use or rely upon or enforce any other right, power, or remedy.
ARTICLE VIII
General Provisions
1. Covenants to Run. All the restrictions, conditions, and
covenants contained herein shall constitute covenants running
with the land as Lo all of the lands within Westbank No. 4. Said
provisions shall continue to be binding upon the owners of said
lands and upon all persons claiming by, through, or under said
owners for a period of 21 years from the date this document is
filed for record with the Clerk and Recorder of Garfield County,
Colorado, and shall thereafter automatically be extended for
successive periods of ten years each.
2. Amendment or Revocation. The owners of sixty-seven
percent (67%) of the Lots in Westbank No. 4: (a) may release all
of the Lots hereby restricted from any one, portion of one, or
all of the restrictions; or (b) may amend or revoke these restric-
tions in whole or in part. Such release, amendment, or revocation
shall be evidenced by the execution and acknowledgment of an
appropriate instrument in writing for said purpose and the filing
of same for record with the Clerk and Recorder of Garfield County,
Colorado, in the manner then required for the recording of land
instruments. No such release, amendment or revocation shall be
effective during the seven year period from the date these Covenants
are first so filed for record unless the undersigned Declarant
has joined in or consented in writing and of record to such
release, amendment, or revocation, provided that Declarant's
consent shall not be required if Declarant ceases to own any Lot
before the expiration of said seven-year period.
•
3. Benefit of All: Binding Effect. The provisions contained
herein are for the benefit of and shall be binding upon the
Declarant, its grantees, and subsequent owners of each of said
Lots. Each grantee of a Lot by acceptance of a deed to such Lot
(which acceptance shall be conclusively presumed by the recording
of such deed) shall be subject to each and all of the restrictions,
conditions, covenants, and agreements contained herein and to the
jurisdiction, right, and power of the Declarant, the Committee,
and the Westbank Ranch Homeowners Association. By such acceptance,
each grantee for himself, his heirs, devisees, legal representatives,
successors, and assigns and all persons holding or claiming by,
through, or under said grantee, shall be deemed to have covenanted
and agreed and consented to and with the Declarant and all grantees
and subsequent owners of each of said Lots and with the Architectural
Control Committee and the Westbank Ranch Homeowners Association,
to keep, observe, comply with, and perform said restrictions,
covenants, conditions, and agreements.
4. Variances. Declarant hereby reserves the right to grant
a variance or adjustment of these covenants, conditions and
restrictions in order to overcome practical difficulties and
prevent unnecessary hardships arising or which may arise by
reason of the interpretation or application of these Covenants.
Such variances or adjustments shall be granted only in cases
where the general intent and purpose of these Covenants is not
defeated; PROVIDED THAT Declarant's grant or denial of any requested
variance or adjustment shall be deemed and conclusively presumed
to have been made within and according to such general intent and
purpose, and Declarant shall not be liable for any claim or
demand, or in any suit or action, as a result of such grant or
denial. Any variance to be effective must be in writing, signed
by Declarant with Declarant's signature acknowledged, and must be
recorded with the Garfield County Recorder.
5. Severability. In the event any one or more of the pro-
visions, conditions, restrictions, or covenants contained herein
shall be held by any court of competent jurisdiction to be null
and void, all remaining restrictions and covenants herein set
forth shall remain in full force and effect; and to that end,
these Covenants are hereby declared to be severable.
Executed this 30th day of
ATTEST:
Dolores - Hue Inger
Secreta
November
, 1982.
WESTBANK RANCH NO. 1, LTD.
By: WESTBANK DEVELOPMENT CO., INCORPORATED,
its general managing partner
STATE OF COLORADO )
ss.
County of Garfield )
John Huebinger, Pre
dent
The foregoing instrument was acknowledged before me this
30th day of November , 1982, by JOHN HUEBINGER, President,
and DOLORES J. HUEBINGER, Secretary, Westbank Development Co.,
Incorporated, general managing partner of Westbank Ranch No. 1,
Ltd.
Witness my hand and notarial seal.
My Commission expires: April 11, 1983.
Notary Publi�cJ
Address: 201 Centennial St., Suite 203
Glenwood Springs, CO 81601