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HomeMy WebLinkAbout1.0 Application• WESTBANK RANCH NO. 1 LTD P.O. BOX 987 GLENWOOD SPRINGS, COLORADO 81601 Sutherland Enterprises Midland Construction JRH Construction KLM Construction Larry Holturna Construction PHONE 945- 6619 April 7, 1977 Pace Construction Titus Construction Fairbanks Construction Bickel Construction John Ray, Contractor On or about 15 June 1977, we will be seal coating and chipping all the roads in Westbank. Approximately one (1) week prior to that, we will be reblading and adding some gravel. After this time, the County will be taking over the roads which means that a road cut permit will be required for road cuts. All road cuts will have to be restored per county specs. Any road cuts, prior and subsequent to this time, must also be back- filled and compacted to County specs. If you have any questions regarding this, please give me a call. Effective June 1, 1977, all homes in Westbank must have a water meter with an outside reader. All hoes not having meters will be subjected to discontinuance of water service. All homes started after Jan. 1, '75 shall have meters installed at cost of contractor and/or owner. All homes completed prior to January 1, 1975 - - cost will be borne by the Water Association. We have had a few complaints of construction debris being blown over the entire subdivision. Itis each contractor's responsibility to clean up their own debris. Please co-operate with us on this. Each drive shall have a culvert at the street entrance with a minimum of a 10" culvert. Some areas will require larger sizes. Please call me for details on this. The Subdivision is starting to really look good: Keep up the good work and make it a project to be proud of: Thank you. Sincerely, John R. Huebinger, Pres. Westbank Ranch #1 Ltd. JH/dh 1 PfOMPT eR CSESIONaL GLENWOOD PUMP CO. 3101 SOPRIS AVE. - GLENWOOD SPRINGS, COLO. 81601 - PHONE 945-8201 John Huebinger 0235 Oak Lane Westbank Ranch Glenwood Springs, Colo. 81601 Dear John: Here is your Ranch. Well #1 April 10, 1977 test results on the three Well's at Westbanks Depth: 82ft. Caseing: Steel This Well is non-productive, It has very little water. Well 4? Depth: 73ft. Caseing: 7" Steel Static Head: 32ft. Storage in Well: 310 Gallons Hardness: 20 Grains Iron: 0.2 P.P.M. P.H.: 7.5 Constant Pumping Rate: 20 G.P.M. Type ofPump: Sumersible 1 H.P. 20P Pump Intake: 71ft. Gallons Delivered at Tank: 20 G.P.M. Well 'i Depth: 84ft. Caseing: 8" Steel Static Head: 69ft. Storage in Well: 225 Gallons Hardness: 18 Grains Iron: 0.3 P.P.M. P.H.: 7.5 Constant Pumping Rate: 50 Type of Pumps: Sumersible Pump Intake: 80ft. Gallons Delivered at tank: G.P.M. 2 H. P. 20P 40 G.P.M. • 110 WESTBA* RANCH WATER ASSOCOTION P.O. BOX 987 GLENWOOD SPRINGS, COLORADO 81601 PHONE 945 AYM 6619 April 19, 1977 TO: Westbank Residents SUBJECT: WATER As we all know, our State is facing a crucial water shortage this year. Many towns are devising watering schedules for their citizens in an effort to conserve this most important resource. Water tables have dropped everywhere. Ours has, also. Because we must save our water, we request the following watering schedule be implemented as of this date: Monday & Thursday *Chapin Detwiler Titus Fairbanks *Stewart Reid Podbevsek *Frisch Higgins Melby Huebinger Bickel Beattie Tuesday & Friday Wednesday & Saturday Keck Latier Clubhouse *Sutherland *Dunn Turnipseed Young Herklotz *Erlandson Martin Johnson Vittum Wright Please do not water on Saturday or Sunday. These are the days we seem to have difficulties. You will notice that although the Club- house is watering on Wednesday and Saturday, the time will be limited due to the size of the area. Additional savings in water will be realized when irrigation is possible from "the ditch" for some residents. People pumping out of the irrigation ditches may water any day as long as ditch water is available. Westbank regrets having to send this type of letter to you. We do feel, however, it is most necessary. This conservation attempt by neighbors can succeed only if we all do our part. Newspapers are publishing "tips" on saving water. Our suggestion might be to water only as long as you feel necessary on your particular days! Let's try it together, and maybe pray for occasional showers this Spring and Summer. Thanks. *Residents pumping out of ditch P.S. - Absolutely no watering between 9 p.m. and 6 a.m. on ani day! Westbank Ranch 7 77 JUN 1 3 1977 ER WESTBANK RANCH HOMEOWNERS ASSOCIATION P. 0. Box 95 Glenwood Springs, Colo. 81601 June 10, 1977 Mr. W. C. Milner Garfield County Building Inspector Glenwood Springs, Colo. 81601 Dear Mr. Milner: John Huebinger discussed the water situation at Westbank, and read the letter to you of June 2, 1977, at the Board of Directors meeting of the Homeowners Association on June 2, 1977. He explained that your visit with him leading to the letter had been prompted by a homeowner complaint regarding adequate water at Westbank. The Homeowners Association has been working closely with John Huebinger on all the items of mutual interest at Westbank including the water. We feel we have a reasonably good touch with the overall situation and understand what has been done and what needs to be done in the future. The water situation has been greatly improved by the addition of Well #3. When the additional 100,000 gallons storage cap- acity and the fourth well are added into the system, as promised in Mr. Huebingers letter, we feel the subdivision will be adequately served. In the meantime we feel that the two days per week lawn watering limitation is a prudent and workable water conservation plan in this dry year. Since the plan has been put into effect, none of us know of any instance where any homeowner has been out of water. By resolution unanimously passed at the Board Meeting on June 2, 1977, I was directed to write this letter expressing our support for the plans for further development of the Westbank water system, and stating that we believe the situation is under complete control. Very truly fours Lyle W. Beattie, Pres. WESTBANK RANCH HOMEOWNERS ASSOCIATION WEPTBANK RANCH NO. 1 LT, P.O. BOX 987 GLENWOOD SPRINGS, COLORADO 81601 PHONE 9456 6619 June 2, 1977 Mr. W. C. Milner Garfield County Building Inspector Glenwood Springs, Colorado - 81601 Dear Mr. Milner: RE: Westbank Ranch Water System As per our conversation of 5/31/77 in regards to our water system, supply and future plans of additional improvements, please be advised of the following: On April 7, 1977, I sent a letter to all contractors that were building in Westbank advising them of the requirement for water meters and general information. I have enclosed a letter for your information. Sometime in early March, 1977, I contacted Glenwood Pump to make a report on the status of our wells in Westbank. I received this report on April 10, 1977 prior to our Annual Homeowners' Meeting April 11, 1977. I have enclosed a copy of this report for your information. On April 19, 1977, I mailed out a notice to all water users at Westbank advising them of alternating days for watering. I have also enclosed a copy of this letter for your information. On Wednesday, April 20, 1977, I met with Mac of Drilling Co. to advise me of another well location and to put us in schedule to drill another well. He advised me he was some sixty (60) days scheduled up, I asked him to put us in schedule to drill another well as soon as possible. I indicated to him I would like at least a well producing 150 to 200 gallons per minute. As it now stands, he is still scheduled to drill another well this summer. Since these events, all of our wells are producing since irrigation has started. Well #3 is producing approximately 36,000 gallons daily. We are in the planning stage to construct a 100,000 gallon storage tank to add to our present 20,000 storage tank. In the past, usage was tremendous on weekends when everyone would water for hours. Since the alternating days have been scheduled, we have no problems. Pressure is approximately 50-60 pounds. Our mains are 6" and 81e lines. We now have eight (8) homes watering lawns out of the irrigation ditch with more to hook up in the future. As an example of the high water usage, we read the reading on one (1) meter May 5th. It was read again on May 31st. With one (1) couple living in the house, 28,900 gallons of water was used. I feel this is entirely too high and feel with water meters being installed with a water rate schedule similar to what Grand Junction has initiated, this high usage will be decreased. Bud, as you might realize, we as everyone else in Colorado must conserve water until at least the present drought is broken. There is a possibility that all lawn watering will be further curtailed or eliminated. If you desire more information, please feel free to contact me. There appears to be some people 'bent" on Westbank not being successful. I intend to disappoint them to the utmost: Sincerely, ( i oz„ s' �Rhn R. Hue Inger, J Encls. JH/dh I� A . O Rox 1730 Manaqernent, TRI-CO (Ailo ar+,`spen 81611 '',03.925.2688 Piann.0 q • Sur4reying • Desiin • Fngineerinn . �, I EATER SYSTEM FOR W'FSTBANK RANCH #1 I Filing #1 Source: Two existing wells will be utilized. Reports on capacity, bacteriology content, and chemical analysis are attached. System: The system will be hydro -pneumatic with a storage facility located near the two wells. Storage will be under pressure to insure a supply in case of pump breakdown. Service line will be constructed according to standard design practices and will allow for expansion as additional filings are developed. II Filings #2, 3, 4, 5, to 6 Source: New wells will be drilled to handle expansion as additional filings are developed. The developer also owns 16.5 c.f.s. of adjudicated water from the Roaring Fork River. These are priorities #91, 217, and 4042 of the Robertson Ditch. System: As each filing develops, the existing water system will be improved and expanded. Additional storage facilities will be provided and gravity flow utilized as well as the hydro -pneumatic system. Aspen Pueblo West Steamboat Springs ' • J & M PUMP COMPANY, INC. PLUMBING - HEATING - SHEET METAL - WATER SYSTEMS ROUTE 1, BOX 120 GLENWOOD SPRINGS, COLORADO 81601 Phone: 945-5239 Tr -Cc na e :ent Inc. 2 Vine _?sten, Colorado Gentlemen: Lctober 31 , 1970 The two existi nt, wells on the Geiser Ranch were tested for a twelve -}our period by J N Pump Company, State License No. 731, and are certified to produce 15 gallons per minute per well. J c. N PUMP C:T"1ANX, ;NC. fY I`_yles' J. ?Flub RE ,EIVED N O ,'.' 3 1970 TR? -CO. MANAGEMENT, LNC, Structure Name • Ai2T Gt1i.'I-l3R E • Soo -I` once HYDROLOGY DATA SUMMARY SHEET 1 CO -46 Oct 1959 Location r Compiled by ! /" ; DatChecked by Date Basic Data for Determining Weighted Soil Cover Complex Number Hydrologic Soil Group (Letter) (1) f Land Use (Name) (2) Hydrologic Condition (3) Soil Cover Complex No. (Number) (4) Area (Acres) (5) Complex No. Times Area (Cols.4 x 5) (6) 01 6 •Hour- Rainfall in Inches ; Total Runoff Volume From Drainage Area in Acre Inches 4- — — Peak Discharge "Q" in CFS -?(7).-;,/ Totals K, ' ` / (. Ci;- .- Weighted Soil Cover Complex No. is (Total Col. 6) (Total Col. 5) Time of Concentration, Tc (hrs.) = L (ft.) 3600 V (ft./sec.) Rainfall Intensity Distribution Zone /5 - Unit Peak Discharge (q) in CFS per Square Mile per Inch of Runoff = r: /7 hrs. 2 r. 5 r. 10 r. 25 r 01 6 •Hour- Rainfall in Inches Runoff Volume "R" in Inches Total Runoff Volume From Drainage Area in Acre Inches — Acre Feet Peak Discharge "Q" in CFS -?(7).-;,/ 783 \ 917 \ 9 69/0 9rt \\ v . rte'= " Gravel Pit- - A� ' 397 i1 '/` n �'ivgill 0 \1 6 • V° \\ \6. 5_ ` �l 06s \\ \` i vv a II 0 II 6725 Nle \\ ll' 994 Q)� rt/ Z A. ravel Pi oI v 0 b \1 %IF F. tko 99 • -- "Book 412 Page 262 •Recorded at 12:50 P.M. Jgust 11, 1970 Reception No. 247112 Chas.S.Keegan Recorder. ASSIGNMENT OF INSTALLMENT PURCHASE AGREEMENT For value received, the receipt of which is hereby acknowledged, the undersigned hereby assign, set over and transfer unto WESTBANK RANCH NO. 1, LTD., a Limited Partnership organized under the laws of the State of Colorado, all of their right, title and interest in and to the within and foregoing Installment Purchase Agreement between The Trustees of Wheaton College, a corporation organized under the laws of the State of Illinois, as Seller, and the undersigned, as Buyers, dated April 23, 1969, subject to all of the terms and conditions thereof, and we do hereby remise, release, and quit claim unto the said WESTBANK RANCH NO. 1, LTD., all of our right, title, and interest in and to the property within described and agreed to be conveyed. Dated: June 1, 1970. John Hue i 'ge Jr. Arthur Small WESTBANK RANCH NO. 1, LTD., a Limited Partnership, hereby accepts the foregoing assignment of Installment Purchase Agreement, subject to all of the terms and conditions thereof, and agrees to indemnify and hold harmless the assignors thereof, John Huebinger, Jr. and Arthur Small, from any liability whatsoever resulting from any breach or default in the terms, conditions and provisions of said agreement occurring subsequent to the date of this Assignment. Dated: June 1, 1970. L.. WESTBANK RANCH NO. 1, LTD., a Limited Partnership BY: WESTBANK DEVELOPMENT CO., INC., a Color. db .ration ; g ner, Gener. 1 resident STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Book 412 Page 263 The foregoing instrument was acknowledged before me this 15th day of July, 1970 by John Huebinger, Jr., and Arthur Small, individually, and by Arthur Small as President and Dolores J. Huebinger as Secretary of Westbank Development Co., Inc., a Colorado corporation. 1, z Witness my hand and official seal. ,,OTA, ;," .y, W commission Ln;• • -x-4-4- •. 080\-' lQ • OF`CO\0 expires February 6, 1972. CONSENT TO ASSIGNMENT Notary Public The undersigned, as Seller, in the attached and foregoing Installment Purchase Agreement, dated April 23, 1969, hereby consents to the foregoing Assignment thereof. �%0.�s Dated this day of char, 70.. STATE OF ILLINOIS ) ss. COUNTY OF DuPAGE ) THE TRUSTEES OF WHEATON COLLEGE By: Attest: President utive Committee Secretary I, the undersigned, a Notary Public, in and for the County and State aforesaid, do hereby certify that Hudson T.Armerding personally known -2- Book 412 Page 264 to me to be the President of the corporation, and H. G. Faulkner personally known to me to be the Executive Committee Secretary of said corpora- tion, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Executive Committee Secretary, they signed and delivered the said instrument as President and Executive Committee Secretary of said corporation, and caused the 'corporate seal of said corporation to be affixed thereto, pursuant to authority, given by the Board of their Trustees of said corporation as / free and voluntary act, and as the free and voluntary act and deed,of said corporation, for the uses and purposes therein set C A.."1. ,�.• G`'-ven under my hand and official seal this 4th day of August , 1970 "" 1973. , E� I L,�•9NA'vv •Commission expires January 27, . `tlf!,4,.,j ' f -9--4L- (4 ,1-..-<-) Notary blic. -3- (a) BUYER: (b) SELLER: INSTALLMENT PURCHASE AGREEMENT DATED : April 23, 1969 I. PARTIES JOHN HUEBINGER, JR. and ARTHUR SMALL THE TRUSTEES OF WHEATON COLLEGE, a corporation organized under the laws of the State of Illinois Recorder. STATE DOCUMENTARY FEE I=,LJ G L. )970 T 13 w vi II. PROPERTY The Seller agrees to sell and the Buyer agrees to buy the property described in the attached Schedule A. and all improvements thereon, together with any and all ditch and water rights belonging to, used upon or in connection with said property, (hereafter called Property). III. PURCHASE PRICE AND PAYMENTS The purchase price for the property shall be $500,000.00. The of which is hereby acknowledged, and Buyer has paid $25,000.00, receipt will pay the balance of the purchase price as follows: 1. The principal sum of $75,000.00 le1less any credits after prorations, on or before October 1, 9. 2. The principal sum of $400,000.00 in twenty equal annual installments of $20,000.00 commencing October 1, 1970, plus simple interest on the principal balance remaining time to time unpaid from October 1, 1969, at a rate of interest per annum equal to 1/2 of 1% less than the primefraticofo interestf charged NorthernTrust thesratempany of interest hereunder on October er 1, 19699 provided shall not be less than 6% and more than ?1/2%Oaand db saider 1, 1970. interest shall be payable annually commencing The Buyer may at any time or from time to time prepay all or a portion of payments due hereunder. IV. Book 412 Page 251 OTHER PAYMENTS TO BE MADE BY BUYER TAXES AND INSURANCE: In addition to the payments hereinabove provided, Buyer agrees to pay or otherwise satisfy one-fourth of the general taxes for 1969 and all of the general taxes thereafter against said property, and to keep the buildings and all other improvements insured for fire and extended coverage naming the Seller and Buyer as parties insured, in such amounts as may be approved by Seller and to pay the premiums on said insurance policies and to furnish the Seller with evidence of the payment or satisfaction of said taxes and insuranc premiums when the same become due. V. TERMS OF CONVEYANCE The Seller shall convey to the Buyer a good and merchantable title in fee simple in and to the property, subject only to the following: (a) General property taxes for the year 1969 and subsequent years, Taxes for the year 1969 shall be apportioned between the parties hereto, Seller to pay three-fourths (3/4) thereof and Buyer to pa: one-fourth (1/4) thereof. Taxes for all subsequent years are to be paid by Buyer. (b) Exceptions and reservations contained in the United States Patents issued for said property, and existing reservations of record of oil, gas and other minerals and mineral rights in said lands. (c) Building and zoning ordinances. (d) Existing easements and rights-of-way for roads, ditches, laterals and utility easements. (e) Acts done or suffered to be done by the Buyer. VI. EVIDENCE OF TITLE Within forty-five (45) days after the date hereof, Seller shall furnish to Buyer a commitment to insure the fee simple title of the property issued by Transamerica Title Insurance Company in the amount Book 412 0 Page 252 the purchase price disclosing such title to be in the Seller subject only to the standard exceptions and those set forth in Paragraph V above. Buyer shall have thirty (30) days to examine such commitment and notify Seller of any objections thereto. If Seller' is not so notified Buyer shall be deemed to have accepted title subject to all exceptions set forth in the commitment to insure. If the commitment to insure contains defects or exceptions other than the standard exceptions or those set forth in Paragraph V above, then Seller shall have a period of one hundred twenty (120) days after receipt of notice to correct such defects or exceptions; and if correction thereof cannot be completed within said period, then Buyer may either accept the title without correction or declare this contract terminated and receive a return of any funds theretofore paid to Seller. The Title Policy to be issued pursuant to the aforesaid commitment to insure shall be issued after the Warranty Deed conveying said property to Buyer has been recorded and shall insure the title in the Buyer; PROVIDED HOWEVER, that the Buyer shall be liable for the expense of renewing and extending the commitment to insure from and after the expiration of the original commitment period until the date of the recording of said Warranty Deed and the Seller shall be liable for payment of only the full amount of the premium set forth in the original commitment to insure. Also, in the event that the Warranty Deed hereunder is requested by Buyer at a time before the total amount of purchase price has been paid so that the Seller will thereafter hold a first deed of trust on the property securing the payment of the balance of the purchase price, then the • Book 1+12 • Page 253 Buyer shall furnish and provide to Seller a Mortgagee Title Policy in the full amount of the note secured by said deed of trust. VII. DELIVERY OF DEED AND POSSESSION Upon payment of the full purchase price and performance by Buyer of all the covenants in this contract, Seller shall convey title of the property to Buyer as tennant in -common and not in joint tenancy by a general warranty deed subject only to the items listed in Article V hereof. Possession shall be delivered to Buyer on October 1, 1969 provided Buyer has accepted title and is not in default hereunder. It is understood and agreed, however, that at any time after the payment of a total principal sum of One Hundred Fifty Thousand Dollars ($150,000; including the down payment and provided Buyer is not in default here- under and provided Buyer has not encumbered the title, the Seller will execute and deliver to Buyer at their request a general warranty deed conveying said property to the Buyer; and at the same time the Buyer will execute and deliver to Seller their promissory note for the full amount of the unpaid balance of the purchase price, which note shall be secured by a first deed of trust covering all of the property conveyed to Buyer and shall be payable in the same manner, with the same interest rate, upon the same terms and conditions as set forth in paragraph III,' 2, above and shall also contain a provision which will allow the holder thereof to declare the principal sum and any accrued interest remaining from time to time unpaid to be immediately due and payable in the event of a default for thirty (30) days in the payment of any principal and interest installment and a provision for the payment by Buyer of reasonable attorney fees and costs of enforcement of said note and foreclosure of said Deed of Trust. The Deed of Trust shall run to a Public Trustee and shall incorporate the provisions of the promissory note and in addition thereto shall contain the customary terms includi' :►,C 254 1;u1e .r;• Trustee in the event of default and covenants by Trustor against encumbrances, for insurance, taxes, expenses of release and in case of foreclosure. The Deed of Trust payment of attorney's fees securing said note shall also provide for partial releases from time to time and at the request of the Buyer upon the following terms and conditions: (a) The Buyer shall be entitled to the release from said deed of trust of one acre for each Two Thousand Dollars ($2,000.00) paid on the principal of said note, including regular annual payments as well as any pre -payments. (b) Each parcel of property to be released shall be of a minimum size of ten (10) acres, and the request for release shall be accompanied by an accurate description of the parcel to be released and a plat showing the exact location of said parcel. (c) Parcels to be released shall be contiguous and shall be so located as not to isolate any portion of unreleased property from any other unreleased property, or from existing access ways thereto. (d) The amount of meadow land to be included in each parcel to be released shall not exceed one-half (1/2) in area of the total parcel to be released, and the balance thereof shall be unirrigated "mountain" land. (e) No parcel to be released shall include any of the main ranch buildings and improvements, or any land within a radius of Five Hundred (500) feet thereof; PROVIDED HOWEVER, that the Buyer shall be entitled to a release of said buildings and improvements upon the payment of the sum of Fifty Thousand Dollars ($50,000.00) in addition to the aforesaid sum of $2,000.00 per acre for the land upon which the same are located. VIII. AGREEMENTS OF THE BUYER The Buyer Agrees: (a) That waste on said premises shall not be committed or suffered and the Seller, or its agents, shall have the right from time to time to inspect said premises for the purpose of determining whether or not the covenants of thisparagraph are being violated or breaches (b) To pay, on demand, to the Seller, or its agents, all costs and expenses, including attorneys fees, incurred by the Seller, to enforce any of the covenants and agreements of this contract. (c) That every contract for repairs or improvements on the premises aforesaid, or any part thereof, shall contain an express, full and • • .:it -;c 255 co-7.plete waiver or release of any and all liens or claims, or right of lien against the property herein agreed to be conveyed, and the unpaid balance of the purchase price due hereunder; and no contract or agreement shall be executed by the Buyer for repair: or improvements upon the property without the written consent of the Seller first had and obtained. Buyer shall also obtain the express consent of the Seller to make any repairs , alteration: or improvements upon said premises whether said work is to be done by a third party or by the Buyer individually or with the aid and assistance of one or more third parties. (d) Buyer shall not transfer or assign this contract or any interest therein without the previous written consent of the ( Seller, and any such assignment or transfer without such consent shall not vest in the transferee or assignee any right, title or interest hereunder or in said premises but shall render this agreement null and void at the election of the Seller; that no extension, change, modification or amendment of this contract shall be claimed by the Buyer and no notice of any extension, change, modification or amendment claimed by the Buyer shall have any force or effect whatsoever except if the same shall be endorsed in writing and signed by the Seller. (e) That Buyer will not permit gambling or the sale of intoxicatin beverages on the Property, nor any nuisance, violation of building zoning or use and occupancy restrictions. IX. DEFAULT (a) Time shall be of the essence of this agreement. In case of the failure of the Buyer to make any of the payments, or any part there at the time and in the manner specified, or to perform any of the covenants hereof on its part hereby made and entered into, then in the event any such failure or default shall continue for a period of sixty (60) days, all payments in this contract agreed to be paid by the Buyer to the Seller shall at the option of the Seller be forfeited and determined and the Buyer shall then forfeit all payments made by it, or on its behalf, on this contract and such payments shall be retained by the Seller in satisfaction and liquidation of the damage by it sustaine and the Seller in such event shall have the right to re-enter and take possession of the premises aforesaid. Seller may declare said for- feiture by mailing a notice thereof to the Buyer at its address. A c_.cct upon deposit of the notice thereof e nclose& in an envelope so addressed to the Buyer or to the Buyer's transferee entitled to notice, with postage thereon, in any authorized post office receptacle. At Seller's option, notice may be given by certified or registered mail. The affidavit of the Seller's agent that such notice was so mailed shall be conclusive evidence of that fact; and said affidavit may be filed in the local Recorder's Office in the State of Colorado and if so filed shall be conclusive evidence in favor of any bona fide purchaser of said premises that all of Buyer's rights hereunder have been properly extinguished. Forfeiture shall terminate all rights of the Buyer in said premises and all rights of persons claiming under said Buyer. Immediately upon forfeiture, all right of the Buyer or persons claiming under it to possession of said premises shall ipso facto cease and determine. The Buyer specifically agrees for itself and all persons claiming under it that in event of forfeiture, Seller or persons claiming under it may re-enter and take possession of said premises or may maintain suit for forcible entry and detainer or other suit for possession without notice or demand now or hereafter required under the laws of the State of Illinois, all such notices and demands being hereby expressly waived. It is also agreed that any acceptance by the Seller of late payments or any other indulgence extended to the Buyer shall in no event be considered as a waiver or suspension of the provision in this Contract that time is of the essence nor shall any course of conduct, on the part of the Seller or persons claiming under it, be deemed a waiver of any part of this con- tract. Seller may, but need not, give notice of its intention to for- feit and may, but need not, give Buyer a reasonable time to cure de- faults hereunder. If the Seller elects to give such warning notice, ten days shall be deemed a reasonable time although additional time may be given. Book 412 Page 257 (b) In the event of the failure of the Buyer to pay taxes or assessments after it has had a reasonable opportunity to determine whether such taxes are legally due or to discharge or pay any claim which may ripen into a mechanic's lien against said premises, the Seller may without any obligation to do so, pay such taxes or assessments, penalties, interest and costs thereon, discharging any tax lien or mechanic's lien affecting said premises, without any obligation to examine or inquire into the legality or validity of any such matter, and all monies so paid or advanced by the Seller, the Buyer agrees to repay immediately upon demand, together with interest thereon at the rate of 7% per annum, all of which expenditure and interest shall be added to and become a part of the purchase price hereof. (c) It is further expressly agreed between the parties hereto that the remedy of forfeiture herein given to the Seller shall not be exclusive of any other remedy, but that the Seller shall, in case of default or breach or for any other reason herein contained, have every other remedy given by this agreement and by law or equity, and shall have the right to maintain and prosecute any and every such remedy, contemporaneously or otherwise, with the right of forfeiture or any other right herein given. (d) In the event of the termination of this Agreement by lapse of time, forfeiture or otherwise all improvements whether finished or unfinished, on the Property which may have been put upon the Property by the Buyer shall belong to and be the property of the Seller without liability or obligation on Seller's part to account to the Buyer therefor or any part thereof. (c!) Thee prosions of this paragraph AIL apply until the date of execution and delivery of the warranty deed hereunder. Thereafter, with regard to any unpaid balance of the purchase price, the rights of the Seller in the event of Buyer's default shall be those rights of collection by foreclosure or otherwise, as provided by the terms of said note and deed of trust and the laws of the State of Colorado applicable thereto. X GENERAL (a) Seller reserves the right to sell and transfer or dispose of legal title of the Property subject to the rights of the Buyer hereunder and the Buyer agrees to accept conveyance hereunder from any and all such subsequent title holders. Seller agrees to give notice to Buyers of his intentions to convey, sell or transfer at least thirty (30) days prior to delivery of such deed or assignment. (b) Seller represents and warrants that it has received no notice of such judgments, or other action relating to any violation on the property of a fire, zoning, building or other ordinance, code or law. (c) The Buyer shall pay to the Seller all costs and expenses, in- cluding attorneys fees, incurred by the Seller in any action or proceeding to which Seller may be made a party by reason of being a party to this agreement, and that the Buyer will pay to the Seller all costs and expenses including attorney's fees incurred by the Seller in enforcing any of the covenants and provisions of this agreement and incurred in any action brought by Seller against the Buyer on account of the provisions hereof, and all such costs, expenses and attorney's fees may be included in and from a part of any judgment entered in any proceeding brought by the Seller against the Buyer on or under this Agreement. (d) All notices and demands shall be in writing and shall be deemed to have been duly given or delivered or mailed,first class, postage pre- paid, addressed: If to Seller: Wheaton College Wheaton, Illinois If to Buyer: John Huebinger, Jr. & Arthur Small Box ZZ, Aspen, Colorado Book 412 Page 259 (e) General taxes for the year 1969, insurance premiums and other similar items will be adjusted pro rata as of the date provided herein for delivery and possession of the premises. (f) This Contract is binding upon and shall inure to the benefit of each of the parties hereto and their respective heirs, successors, and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hand and seal the day and year indicated below. April 23rd , 1969 THE TRUSTEES OF WHEATON COLLEGE ej (t: AApr i iy 23 d, 1969 By: President Attest: JG Executive Committee Secretary State of Illinois, County of DuPage, ss., I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that Hudson T. Armerding personally known to me to be the President of the corporation, and H. G. Faulkner personally known to me to be the Executive Committee Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Executive Committee Secretary, they signed and delivered the said instrument as President and Executive Committee Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority, given by the Board of Trustees of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal this 23rd day of April 19 69 Commission expires January 27 `k4„, Public Notary ,19 73 , 410 Book 412 Page 260 • State of Colorado, County of Garfield ss., I the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that John Huebinger, Jr. and Arthur Small personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes the�rei4•.et forth. Gien' under myhand and official 5th . '''41I/i,'; ,, .e"'. i al seal, this day of May , 1969 do Commission expires February 6 1972 Notary Public -4:-GCCQ' 1 Book 412 Page0P1 EXHIBIT A s described lots or parcels of land situate, lying and All the following being in the County of Garfield, and State of Colorado, to -wit: Lots 14 and 25 in Sec. 1, T. 7 S., R. 89 W. , 6th h P.M.uth and d thastofpart of Lots 5, 13, 15 and 24 in said Sec. 1, lying following described line:. Beginning at a point, on the North line of said Lot 5 whence the Northwest corner of said Sec. 1 feet, South 86° thence 93.88South3lG`°est 31'E12G�7 thence South 22° 0h3 East 60.4East 542.7 feet, thence South 19° 41'East feat, thence South ll° 33' thence South 34° 08' East 283.0 feet,•thence South 52° 22' 969.7 feet, thence South East 706.0 feet, thence South 32° 58' East 582.6 feet, '44° 29' East 406.0 feet to the 9, East 13,ne o 15aid d6 Lo1924. 20; all in Lots 1, 2, 3, 4, 5, 10, 11, 12, Sec. 2 T. 7 S., R. 89 W., 6th P. M. That part of Lot 3 of Sec. 36 and that part of Lots 11 and f26 ofefoec. 35 all in T. 6 S., R. 89 W., 6th P. M., lying Southwesterly described line: Beginning at a point on the South line of said Lo`Ne twhstence8theet , e Southwest corner of said Sec. 36 bears South 86 33' thence North 22° 03' West 312.7 feet, thence cto West 545.5 Roaring feet, thence North 42°04'East 160.0 the center of Fork River, thence North 51° 48'West 124.1 feet along the f theer Roaring Fork River, thence North 45° 57' West 239.8 feet along of the Roaring Fork River, thence North 64°e 3'WesNorth845507.8 7.8 feet along the center of the Roaring Fork River,,the feet along the center of the Roaring Fork River to the West line of said Lot 26. R. 89 W. ; 6th P. l�I• , Lots 12, 13, 14, 15 and 27 in Sec. 35, T. 6 S. m South P. and that part of Lots 7, 8 and 28 in said Sec. 35 lying thehes g Fork River. Together with any and all ditch and water rig Roaring including, belonging to, used upon or in connection with said lands, but not exclusively, an undivided two-fifths interest in and to the Robertson Ditch No. 47 and its wateriprioritiesoNos. 52land do112yadjudi- cated thereto by decree of the Di Colorado, for Water District No. 38, and an undivided seven -ninths • interest in and to the Second Enlargement of said Robertson Ditch and its water rights. Also, Lots numbered 8, 18, 21 and 22, all in Section 2,R. T. 7 S. 89-W. of the 6th P. M., containing 87.17 acres more or less. Excepting from the above, however, a prior conveyance of 4.13 acres,7 more or less, as described in and conveyed by that certain deed page as Doc. No. 199562 in book 305 at p ge 204 in the Garfield County Records. } COLORADO HEALTH 4210 EAST 11TH AVENUE • DENVER, COLORADO 80220 • PHONE 388-6111 R. L. CLEERE, M.D., M.P.H., DIRECTOR July 23, 1970 Mr. George W. Nelson, Vice President Tri -Co. Management, Inc. Box 1730 Aspen, Colorado 81611 Re: #S-1112 7/1/70 - Westbank Subdivision Application For Approval of Location For Septic Tank Systems This is to inform you that the documents and drawings for the above referenced subject have been received. Approval is hereby granted to Tri -Co. Management, Inc. for location of individual septic tank and leach field systems for the Westbank Subdivision. This approval is granted only if the following listed criteria is complied with: 1. The platted lots in the Westbank Subdivision obtain their domestic water from a central water system. 2. Central sewage treatment facilities shall be required at such time that individual sewage disposal systems are found to be malfunctioning. 3. All design of individual sewage disposal system shall conform to the criteria as set forth in the enclosed Public Health Service Pub- lication No. 526, 1967. 4. As the subdivision develops, each lot owner shall make application to the Colorado Water Pollution Control Commission for approval. This approval does not relieve the owner from compliance with all county regulations prior to construction of the sewage disposal systems. FOR DIRECTOR, WATER POLLUTION CONTROL DIVISION Roger H. Smades, P.E. District Engineer RHS:mgc enc. cc: Garfield County Commissioners • • STANDARD BACTERIOLOGICAL WATER TEST Colorado State Department of Public Health 4210 East l l th Avenue -Denver 80220 Phone 388-6111 Sample taken: Date Town County Type of Supply: ( ) Private ( ) Municipal (, ) Food Establishment Source: ( • ) Well ( ) Surface Sample Taken by: Fill in all Information Return Report to• Address City -State SEE REVERSE SIDE FOR LAB -SACT 136 1967 (100M) Sampling Instructions RESULTS MF per 100 ml LB 24 48 BGB 24 48 SPC MPN ❑ SAFE ❑ UNSAFE ❑ UNSATISFACTORY FOR TEST. STANDARD BACTERIOLOGICAL WATER TEST Colorado State Department of Public Health 4210 East 11th Avenue -Denver 80220 Phone 3-6111 n N Sample taken: Date Towne-ssr-GO2FG/ County 6Q L: -fid Type of Supply: ( ) Private ( ) Municipal ( ) Food Establishment Source: ( ✓)'Well ( ) Surface Sample Taken by: - ee) ,-1 Fill in all Information Return Report % to. Address City -State LAB-BACT 136 1967 (100M) SEE REVERSE SIDE FOR Sampling Instructions Pl.as. r. -submit RESULTS MF per 100 ml LB 24 48 BGB 24 48 SPC MPN SAFE ❑ UNSAFE ❑ UNSATISFACTORY FOR TEST. Pl.as* r.-submnit 3 Z 3 Mtn 111141 • ngwnN ua4.amIu.pI JSW! d1- • • THE LINCOLN-DeVORE TESTING LABORATORY MEMBER: A S.T.M. A.S. C.E. .EC So•l Testing Fcundation Evaluation Moterlals Tests Concrete JtcH Des•gn Aspralt Mix Design Geologi c Interpretation Groundwater Hydrology by Registered Professional Engineers a Geologists Co lorado Springs, Colorado Pueblo, Colorado Howard M. Dump Rock Springs, Wyoming Fobert L. Beck George D. Moms, P.E. Jun o, 1G70 1000 W. F.lin •.:c olorad, Spnngs, i ,roo Tri -Co Management P.Q. Box 1730 Aspen, Colorado 81611 Gentlemen: RE: Water Analysis Personnel of this laboratory have completed analysis of two water samples delivered by personnel of Tri -Co Management Inc. The results %-re as follow: Well. #1 Turbidity Hardness (total) Hardness CA Manganese Nitrate Well #2 Turbidity Hardness (tot1) Hardness CA Manganese Nitrate HMA/pr i Q JTV PH x90 PPM Iron 7.7 PPM PPM PPM 370 PPM Chlorides 'r,' 220 PPM Alkalinity 28' 2 PPM Sulfates 350 Total dig*solved solids ids 900 15 JTV PH 530 PPM Iron 380 PPM Chlorides 150 PPM Alkalinity 9 PPM Sulfates Total dissolved solids B. 4 0.1 PPM 15 PPI! 280 PPM '50 PPM 600 PPM Respectfully su _ tired LINCOLN DeVORE TESTING LAB 'vL4 Howard M. Dump • • ELDORADO ENGINEERING CO. . . . CONSULTING ENGINEERS . . REGISTERED LAND SURVEYORS 803 COLORADO AVE. P.O. DOX 669 GLENWOOD SPRINGS, COLORADO 81601/303-945-6917 Roger Smades Colorado Dept. of Health 4210 E. llth Avenue Denver, Colorado 80220 Dear M.:. Smades: This letter is in confirmation of a telephone conversation you had with Jerry Gamba about percolation tests made on the Art Small property south of Glenwood Springs. These two tests were done at the request of Mr. George Nelson of Tri -Co Management, Aspen, Colorado. T'ne tests in question were conducted early this summer in two generalized locations. One of these locations is a gravel bench just above the Roaring Fork River. Two tests were done on this bench. In my opinion, from the exposure of the bench along the river, the material is uniform and the two tests conducted on this bench would be representa- tive of the entire lower area. The upper bench is much different. There is a considerable thickness of a tight clay over the gravel beds. This con- dition is also exposed in the bank between the two benches. The three tests which were done on the upper bench are also, I feel, representative of the area. The two benches are very different as to percolation rates; however, the tests done in the respective areas are representative of the areas in which the tests were done. Ver, truly yours, °'NA Gordon W. Bruckner .PE .8873 Copy : George Nelson Tri -Co Management July 17, 1970 • R CE IV ED 1970 IJU-CO. 10.3;,GE!kEtiT, lyC. 1 • WESTBANK RANCH SUBDIVISION, FILING NO. 1 PROTECTIVE COVENANTS Westbank Ranch No. 1, Ltd., a limited partnership, by and through its duly authorized undersigned officers, as the fee owner of Westbank Ranch, desiring to insure the development and continuity of Westbank Ranch 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 and from time to time own lots in Westbank Ranch Subdivision, that said ownership and holding of said lots shall be subject to the following protective cove- nants and conditions, all of which shall be deemed to be appur- tenant 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 1. It is the intention of the fee owner of Westbank Ranch, expressed by the execution of this instrument, that the lands within Westbank Ranch 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, cvld and native setting and surrounding of Westbank Ranch always be protected insofar as is possible in connection with the uses and structures permitted by this instrument. ARTICLE II Definitions 1. Westbank Ranch Subdivision. Whenever the terms "West - bank Ranch Subdivision", "Westbank Ranch", or "Westbank" are used in these covenants, they shall mean all of the lands in- cluded in Westbank Ranch and described on plats filed from time to time with the Garfield County Clerk and Recorder. 2. Residence. The term "Residence" as used herein shall be construed and held to include single family dwellings, or duplex family dwellings for not more than two family units, and to exclude apartment houses, condominiums, or any dwelling place containing more than two family units. 3. 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. ARTICLE III Westbank Ranch Homeowners' Association 1. All purchasers of lots in Westbank Ranch Subdivision shall apply for membership and become members of "Westbank Ranch Homeowners' Association" to be created as a non-profit corporation and which shall have as its function the mainten- ance of the subdivision. ARTICLE IV Architectural Control Committee 1. The Architectural Control Committee shall consist of the Board of Directors of Westbank Ranch No. 1, Ltd., the dev- eloper, or three or more members appointed by the Board. Said Architectural Control Committee shall have and exercise all of the powers, duties and responsibilities set out in this instru- ment. • • 2. Approval by Architectural Control_ Committee. Before anyone shall commence the construction, remodeling, addition to, or alteration of any building, swimming pool, wall, fence, coping, or other structure whatsoever, on any lot, there shall be submitted to the declarant for transmittal to the Architec- tural Control Committee, two complete sets of the plans and specifications for said work and no such structure or improve- ment of any kind shall be erected, altered, placed or main- tained upon any lot unless and until the final plans, elev- ations and specifications therefore have received such writ- ten approval as herein provided. Such plans shall include plot plans showing the location on the lot or property of the wall, fence, coping, or other such structure proposed to be constructed, placed, altered, or maintained, and elev- ation of same, together with the proposed color schemes for roofs, and exteriors thereof, indicating materials for same. 3. Method of Approval. The Architectural Control Com- mittee shall approve or disapprove, in writing, said plans and specifications within thirty days from the receipt there- of. One set of said plans and specifications with the app- roval or disapproval shall be retained by the committee. In the event no action is taken to approve or disapprove such plans and specifications within said thirty day period, the provision requiring approval of said plans and specifications shall be deemed to have been waived. 4. Architectural Control Committee Not Liable. The Architectural Control Committee shall not be responsible in any manner whatsoever for any defect in any plans or spec- ifications submitted nor as revised by said committee, or for any work done pursuant to the requested changes of said plans and specifications. ARTICLE V General Restrictions on Use 1. Zoning Regulations. No lands within Westbank Ranch 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, Colo- rado. 2. Mining, Drilling or Quarrying. No mining, drilling, quarrying, tunneling or excavating for any substance within the earth, including oil, gas, minerals, gravel, sand, rock and earth shall ever be permitted within the limits of Westbank Ranch Subdivision except by declarant. 3. Business, Commercial or Trade Uses. No lands with- in Westbank Ranch 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. 4. Animals and Agriculture. Residents may keep dogs, cats or other animals which are bona fide household pets on lands within Westbank Ranch Subdivision so long as such pets are not kept for commercial purposes and do not make objectional noises or otherwise constitute a nuisance or inconvenience to any of the residents of Westbank Ranch. No cattle, sheep, goats, pigs, poultry or other livestock shall be kept or maintained on any lot. Horses may be kept on lots exceeding three acres in size only if approved and limited in number by the declarant. No lands shall be used for agricultural purposes except for normal residential gardening of flowers, fruits and vegetables. • • 4. Signs. No advertising or signs of any character shall be erected, placed, permitted or maintained on any lot or structure within Westbank Ranch other than one "For Sale" or one "For Rent" sign approved by the Architectural Control Committee and a name plate and street number of the occupant. 5. Resubdivision. No lot in Westbank Ranch Subdivision 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. 6. Combining Lots. If two or more contiguous resi- dential lots are owned by the same owner, they may be com- bined into one lot by means of a written document executed and acknowledged by the owner thereof, approved by the Arch- itectural Control Committee, and recorded in the real prop- erty records of Garfield County, Colorado. 7. Service Yards and Trash. Each residence must main- tain an enclosed service yard of sufficient size to conceal garbage cans, clothes lines, wood piles and storage piles from adjoining lots, roads and the Westbank Golf Club. No above ground oil, gas or Water tanks shall be permitted on any lot. 8. Underground Utility Lines. All utility pipes and lines within the limits of Westbank Ranch Subdivision must be buried underground and may not be carried on overhead poles nor above the surface of the ground. All such ser- vices must be buried underground from the point where said utilities take off from transformers and terminal points supplied by the developer. 9. 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 months from the commencement of construction. No persons may live in or use as a dwelling place a partially constructed building. 10. Temporary Structures. No temporary house, trailer, tent, garage or outbuilding shall be placed or erected upon any part of any lot in Westbank Ranch Subdivision; provided, however, that during the actualconstruction of any improve- ment on any lot, necessary temporary buildings for the stor- age of materials may be erected and maintained by the person doing the construction. 11. Towers and Antennas. No towers or radio and tele- vision antennas shall be erected or permitted to remain on any residential lot within Westbank Ranch Subdivision ex- cept that normal radio and television antennas attachedto a dwelling house may project up to six feet above the high- est point of the roof of the structure. 12. Exterior Lighting. All exterior lighting andlight standards on residential lots shall be approved by the Arch- itectural Control Committee for harmonious development and the prevention of lighting nuisance to other residents of Westbank Ranch. 13. Garbage Disposal and Sanitary Systems. Each dwell- ing house containing a kitchen in Westbank Ranch Subdivision shall be equipped. with a garbage grinder or garbage disposal unit of a type approved by the Architectural Control Comm- ittee. No sewage disposal system, sanitary system, cesspool or septic tank shall be constructed or used on any lot unless fully approved as to design, capacity, location and con- struction by all proper public health. agencies of the State of Colorado and the County of Garfield, and also by the Arch- itectural Control Committee. • • 14. Set Back Restrictions. Every building, structure or other improvement, other than fences, terraces and steps, shall be set back at least 40 feet from the street lot line, 25 feet from the side lot lines and 30 feet from the rear lot line. Placement of any and all structures on lots within Westbank Ranch Subdivision must be approved by the Architectural Control Committee prior to the commencement of construction. 15. 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. 16. Cleanliness and Unsightly Growth. Each lot at all times shall be kept in a clean, sightly and wholesome con- dition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber., or other building mat- erials shall be permitted to remain exposed on any lot so as to be visab_le to any neighboring lot, road, or the West - bank Ranch Golf Course, except as is necessary during the period of construction. Each lot at all times shall be kept clear of weeds and other unsightly growth, and any and all landscaping that becomes objectionable or interferes with the operation of the golf course, on demand by the dec- larant, shall be forthwith removed by the property owner. 17. Golf Course. The Westbank Ranch Golf Course abuts some of the property included within the Westbank Ranch Sub- division. Easements to permit the doing of every act nec- essary and proper to the playing of golf on the golf course adjacent to any of the lots which are subject to these res- trictions are hereby granted and established. These acts shall include, but not be limited to, the recovery of golf balls over and upon such lots, the use of necessary and usual equipment upon such golf course, the usual and com- mon noise level created by the playing of the game of golf, together with al]. the other usual and common activity assoc- iated with the game of golf and with the normal and usual activities associated with the operation of a golf or count- ry club. 18. Partial Lease of Premises. No room or rooms shall be rented or leased to any person or persons in any residence. Only one family shall reside in a single family residence and only two families in a two family unit duplex residence at any given point in time. ARTICLE VI Easements Reserved 1. Easements and rights of way in perpetuity are hereby reserved for the erection, construction, maintenance and operation of wires, cables, pipe, irrigation ditches, con- duits and apparatus for the transmission of electrical cur- rent, telephone, television and radio lines and for the fur- nishing of water, gas, sewer service, 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 a strip of land eight feet in width along the rear and side lot lines of all lots in Westbank Ranch Subdivision. All easements of record and easements designated "Green Belt Areas" on plats of Westbank Ranch Subdivision, as finally recorded, are hereby reserved. ARTICLE VII Enforcement 1. Any violation of the provisions, conditions, res- • 1 frictions contained herein shall warrant the declarant or any other lot owner to apply to any court of law or equity having jurisdiction thereof for an injunction or proper relief in order to enforce same in the court, and, in its discretion, may award the plaintiff his court costs and reasonable attorneys fees. 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 cum- ulative and the declarant or any other property owner may use any or all of said rights without in any way affecting the ability of the declarant or any other property owner to use or rely upon or enforce any other right. ARTICLE VIII General. Provisions 1. Covenants to Run. All the restrictions contained herein shall constitute covenants running with the land as to all of the lands within Westbank Ranch. It shall con- tinue to be binding upon the owners of said lands in all persons claiming by, through or under said owners for a period of twenty-five 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 a further period of twenty-five years; pro- vided, however, that the owners of seventy-five per cent of the lots in Westbank Ranch may release all of the:lots hereby restricted from any one or all of these restrictions by executing and acknowledging an appropriate agreement in writing for said purpose and filing the same for record with the Clerk and Recorder of Garfield County, Colorado, in the manner then required for the recording of land instruments prior to the expiration of the first twenty-five year term. 2. Benefit of A1.1. The provisions contained herein are for the benefit of and be binding upon the declarant, its purchasers, and subsequent owners of each of said lots. Each purchaser of lots included within this declaration. by acceptance of a deed to same, 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. And by such acceptance, shall for himself, his heirs, personal representatives, successors and assigns, covenant and agree and consent to and with the grantees and subsequent owners of each of said. lots, to keep, observe, comply with and perform said. restrictions, covenants, conditions and agreements contained herein. 3. Variances. The declarant hereby reserves the right to grant a reasonable variance or adjustment of these con- ditions and restrictions in order to overcome practical dif- ficulties and prevent unnecessary hardships arising by rea- son of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighbor- hood and shall not defeat the general intent and purpose of these restrictions. 4. Severability. In the event any one or more of the provisions, 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. Executed this day of , 1970 WESTBANK RANCH NO 1, LTD By Arthur. Small, President, Westbank Development Co, Inc, General Man- y H- J ? f ) 1 / 0 EXHIBIT A All the following described lots or parcels of land situate, lying and being in the County of Garfield, and State of Colorado, to -wit: Lots 14 and 25 in Sec. 1, T. 7 S., R. 89 W., 6th P.M., and that part of Lots 5, 13, 15 and 24 in said Sec. 1, lying South and West of the following described line: Beginning at a point on the North line of said Lot 5 whence the Northwest corner of said Sec. 1 bears South 86° 33' West 93.88 feet, thence South 22° 03' East 60.4 feet, thence South 16° 31' East 126.7 feet, thence South 11° 33' East 542.7 feet, thence South 19° 41' East 969.7 feet, thence South 34° OS' East 283.0 feet,•thence South 52° 22' Fast 706.0 feet, thence South 32° 58' East 582.6 feet, thence South 44° 29' East 406.0 feet to the East line of said Lot 24. Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 19, and 20; all in Sec. 2 T. 7 S. , R. 89 W. , 6th P. M. That part of Lot 3 of Sec. 36 and that part of Lots 11 and 26 of Sec. 35 all in T. 6 S., R. 89 W., 6th P. M., lying Southwesterly of the following described line: Beginning at a point on the South line of said Lot 3 whence the Southwest corner of said Sec. 36 bears South 86° 33' West 93.88 feet, thence North 22° 03' West 312.7 feet, thence North 46° 47' West 545.5 feet, thence North 42° 04' East 160.0 feet to the center of the Roaring Fork River, thence North 51° 48' West 124.1 feet along the center of the Roaring Fork River, thence North 45° 57' West 239.8 feet along the center of the Roaring Fork River, thence North ,64° 33' West 507.8 feet along the center of the Roaring Fork River, thence North 84° 52' West 169.6 feet along the center of the Roaring Fork River to the West line of said Lot 26. Lots 12, 13, 14, 15 and 27 in Sec. 35, T. 6 S., R. 89 W., 6th P. -M., and that part of Lots 7, 8 and 23 in said Sec. 35 lying South of the Roaring Fork River. Together with any and all ditch and water rights belonging to, used upon or in connection with said lands, including, but not exclusively, an undivided two-fifths interest in and to the Robertson Ditch No. 47 and its water priorities Nos. 52 and 112 adjudi- cated thereto by decree of the District Court of Garfield County, Colorado, for Water District No. 38, and an undivided seven -ninths interest in and to the Second Enlargement of said Robertson Ditch and its water rights. Also, Lots numbered 8, 18, 21 and 22, all in Section 2, T. 7 S., R. 89.W. of the 6th P. M., containing•87.17 acres more or less. Excepting from the above, however, a prior conveyance of 4.13 acres,7 more or less, as described in and conveyed by that certain deed recorded as Doc. No. 199562 in book 305 at page 204 in the Garfield County Records. .