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HomeMy WebLinkAbout1.0 Application• • WESTBANK DEVELOPMENT COMPANY, INC. BOX 987 GLENWOOD SPRINGS, COLORADO 81601 July 19, 1971 Planning and Zoning Commission County of Garfield Glenwood Springs, Colorado, 81601 Gentlemen, Inclosed please find: a. Two copies of Westbank Ranch Planned Dev- elopment Subdivision Sketch Plan which you approved on November 9, 1970. Eight copies of Westbank Ranch Planned Dev- el pment Subdivision Preliminary Plat for Filing No. 2. Eight copies of Filing No. 2 Topographic Maps. Eight copies of Filing No. 2 Water Plan. Two copies of Filing No. 2 Road Profiles. Two copies of Covenants which were filed for Fi ing No. 1 and which will be used for Filing No. 2 when modified. The other required information pertaining to water source and sanitary sewage disposal is as submitted earlier for Filing No. 1 and approved by you on Dec- ember 1, 1970. Request your early consideration and approval of these plats. Arthur mall President 1 L I`} r-1L_� -7 - �� LU J O R nFD C C ^, y,.. ti*� " w r 1) 1" V c...1.' �. �.. . 2LUMZING • - - WATr.\ SYSTEMS ROUTE E 1, BOX 120 GLENWOOD SPRINGS, COLORADO 81601 ?hone: 945.5239 Tri -Co Management Inc. 2 Vine Aspen, Colorado Gentlemen: • C /��`/'^�� Yom• • // • October 31, 1,970: • • • The two existing; wells on the Geiser Ranch were tested for a twelve-hour period by J & M Pump Company, State License No. 731, and are certified to produce 15 gallons per minute per well. J & M PUMP COMPANY, JNC. ,,/ // 7 , /,' , J L i it J, xyle,s Jr.. F-; tub // / • N0'../ 3 i°70 'DRi -CO. MA,';AGE nEnT, • • • • • THE LINCOLN-DeVORE TESTING LABORATORY MEMBER: A.S.T.M. A.S.C.E. CEC Sol Testing Foundation Evaluation Materials Tests Concrete Batch Design Asphalt Mix Design :'eologic Interpretation Groundwater Hydrology by Regi stered Professional Engineers Geologists Colorado Springs, Colorado Pueblo, Colorado - Howord M. Dump Rock Springs, Wyoming Robert L. Beck George D. Morris P.E. Jun 9. 1970 Tri -Co Management Inc P.O. Box 1730 Aspen, Colorado 81611 Gentlemen: 1000 W. Fillmore Colorado Springs, Colorado 303-632-3593 RE: Water Analysis Personnel of ;anis laboratory have completed analysis of two water samples delivered by personnel of Tri -Co Management Inc. The results are as follow: Well 01 Turbidity Hardness (total) Hardness CA Manganese Nitrate Well 02 Turbidity Hardness (total) Hardness CA Manganese Nitrate 5. ND/pr i 0 JTV PH 7.7 590 PPM Iron 0.1 PPM 370 PPM Chlorides 10" 'PPM 220 PPM Alkalinity 280 PPM 2 PPM Sulfates 350 PPM Total dissolved solids 900 PPM 15 JTV PH 530 PPM Iron 380 PPM Chlorides 150 PPM Alkalinity 9 PTI1 Sulfates Total dissolved solids 8.4 0.1 PPM 15 PPR 280 PPM 350 PPM 600 PPM Respectfully submitted LINCOLN DeVORE TESTING LAB o Howard M. Dump • ELDORADO ENGINEERING CO. . . . George :?el: -,on Tri Co .:anar e.,•ent Box 1730 = z pen, Colorado X1611 Dear lir. On Friday, ',fay i7. 1 Conducted three additional standard percolation tests at the Art mail property. The location of these tests was on the upper bench area. The tests were done in the bottoms of each of three holes which had pre':iously been dur; with a back hoe. The tests were con- ducted in undisturbed material (so lar as possible) in the bottom of the test pits. A small hole was dui in the bottoms of each of the tests pits for this purpose. The material in each hole was similar, consisting; of an or;anic layer about one foot thick on the top. This ;trades into a silty clay material for the balance of observed depth. With increasing depth, a considerable amount of al- kali in the clay was noted that tends to cement the clay into a rather hard material. The holes are numbered according to location along the road. The first hole is nine feet deep and the measured percolation rate is one inch drop in water level per 35 minutes of time. The second test hole is 6.5 feet deep. The measured percolation rate is one inch drop in water level per 30 minutes of time. The third test hole was 6.7 feet deep and also measured to be 30 minutes per one inch drop in water level. A11 statements made concerning design of leach fields or other pertinent statements made in the first report will also apply to these three percolation tests. fiery rely your^ Gordon W. Bruchner PE 8873 May 18, 1970 1 Ly 1974 cif -CQ };; NAGE �tfT • •)N ELDORADO ENGINEERING CO. . . . Ceor. e Nelson Tri -Co. Management, Inc. Box 1"'30 Aspen, Colorado 81611 Der George: On April 29 and 30, standard percolation tests were conducted at our locations on the Art Small property, located about 6 miles south of Glenwood `springs. The approximate locations of these tests are shown on the topographic map of the area pro- vided by Tri -Co Management, Inc. Two of the percolation tests were conducted on the lower mead- ow area. This area is covered by a soil consisting of a silty sandy clay ranging in thickness from only a few inches up to ner''naps ten feet. Beneath this soll cover is a layer of river sand, gravel, and cobbles which is rather extensive and prob- ably extends below the elevation of the water surf ace of the Roaring Fork River. The other two percolation tests were conducted on the upper bench area. Here the soil cover consists of a silty clay which becomes very tight when dry. This soil cover may be more than 50 feet thick. Below this soil cover is another river gravel layer of considerable extent. A summary of each test is given below. Test 1: Test hole ;'1 was abo L.t 212- feet deep. There was six inches of top soil. The remaining hole was in the river gravel. The percolation test was conducted in that portion of the hole that was from 1 - 1- feet below the surface of the ground. The percolation rate was measured to be eight minutes of time per inch drop in water level in the hole. Test 2: This test hole was -about 3,it feet deep. •The upper one -foot contained a large amount of organic material. The balance of the hole was silty sandy clay. The percolation test was con- ducted in the area of the test hole that was from 1 - 2 feet from the top of the hole. The measured percolation rate was 15 minutes of time per inch drop in the level of the water. • 4seor ,,e, :mon a"o Test Th.;t hole :/3 was about three _'eet deep. The material consisted o:. a 1ty clay Deco .far' e har:. with 5.nc 'ear in; depth. T. e percolation test wan conducted in that po:tion of he test hole which was fro o.,: 1. ', - 2 .feet below the surface o the o.:na. The percolation rate was measured to be 30 r;anutes of time ter inch d.roy; in surface of the water. Test '; • The last test hole was about three feet deep, with the . aterial and conditions observed to be si r.ila.r to test hole -3. The test was conducted at that rortion of the test hole that was 1 3/4 - ` feet below the surface of the ground. The perco- lation rate was treasured to be 35 :-.inutes of time per inch drop of the level of water. It should be pointed out that these observed percolation rates are actual measured times in the :meld. There is no addition of tir.,e for any consideration of "safety factor" in design. It should also be noted that most leach areas in the lower area will probably be in the gravel strata. The clay in the upper bench is very tight and would be of the type that would subject to easy plugging of leach areas should tYiere be any overflow of solids or sludge from the tank. Very careful consideration should be given to the size and design of any leach system in this material. Very truly yours, Gordon W. Bruchner PE 8873 May 1, 1970 Sample taken: Date • STANDARD DACTER:OLOGKAL WATER TEST Colorado State Department of Public Health 4210 East 11th Avenue - Denver 80220 Phone 388-6111 Town - County Type of Supply: ( ) Private ( ) Municipal ( ) Food Establishment Source: ( ) Well ( ) Surface Sample Taken by. Return Report to• Address Fill in all Information City -State :...A. B. BAC T 136 1967 (100M) Sample taken: Date SEE nEVERSE SIDE FOR Sampling Instructions R ESU L TS per 100 mi LB 24 48 BGB 24 48 SPC MPN SAFE ElUNSAFE UNSATISFACTORY FOR TEST. Please re -submit STANDARD 3ACTEMOLOGICAL WATER TEST Colorado State Department of Public Health 4210 East llth A:ienue - Denver 80220 Phone 388-6111 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 1-A 13- BA C T 136 .1967 (IDOM), S22 1.7:::1.1EREE 5:DE OR sampling instructions RESULTS (.-, • MF per 100 ml LB 24 48 BGB 24 48 SPC MPN El SAFE UNSAFE UNSATISFACTORY FOR TEST. Please re -submit J•quAnN uoptiaip4u•pi uoLupo.s 3 t -t-• C._ AeAIVN.; ;)114,1111111r#M4gAilr WESTBANK RANCH4UBDIVISION, FIL O SLIMS PROTECTIVE COVENANTS 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 Subdivision, Filing #1, desiring to insure the development and continuity of Westbank Ranch Subdivision, Filing #1, as a residential subdivision for itself. its successors, legal rep- resentatives, 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, Filing #1, that said ownership and holding of said lots shall be subject to the follow- ing protective covenants and conditions, ell of which shall be deemed to be appurtenant to and run with the land and inure to the benefit of and be binding upon the owners of said lots, their heirs, successors and assigns, ARTICLE I Purpose of Covenants 1. It is the intention of the fee owner of Westbank Ranch Subdivision, Filing #1, expressed by the execution of this instru- ment, that the lands within Westbank Ranch Subdivision, Filing #1, 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 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 "Westbank Ranch Subdivision", "Westbank Ranch", or "Westbank" are used in these covenants, they shall mean all the lands included in Westbank Ranch Subdivision, Filing #1, and as described on the plat filed for record 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 and to exclude apartment houses, condominiums, or any dwelling place containing more than one family unit. 3. Residential Purpose. The term "Residential Purpose" as used herein shall be construed and held to include the use of a res- idence as a home and principal dwelling place by the owner thereof. 4. Family. The term "Family" or "Family Unit" shall mean a household composed of man and wife, and children, and/or other relatives having natural or moral duties to care for one another. ARTICLE III Membership in Westbank Ranch Homeowners' Association 1. All persons or associations(other than the Westbank Ranch Homeowners' Association) who own or acquire the title in fee to any or the lands in Westbank Ranch Subdivision, Filing #1, or other lands owned by the Declarant adjacent to said subdivision which may be subsequently subdivided by the Declarant and included by it in the Westbank Ranch Homeowners' Association (other than lands dedicated to public use) by whatever means acquired, shall automatically become members of the Westbank Ranch Homeowners' Association, to be created as a non-profit Colorado corporation in accordance with the Articles of Incorporation of said Westbank Ranch Homeowners' Association, its successors and assigns, to be filed with the Clerk and Recorder of. Garfield County, Colorado. Once the Articles of Incorporation of said Westbank Ranch Home- owners' Association are filed as referred to above, subsequent fee owners of property within the Westbank Ranch Subdivision, Filing #1, shall become members of said association in accordance with the Articles of Incorporation as presently in effect and as the same may be duly amended from time to time and also recorded in the records of Garfield County. ARTICLE TV Architectural Control Committee 1. The Architectural Control Committee shall consist of Mr. Arthur Small and Mr. John Huebinger, or three or more members appointed by them, which members shall be owners of lots in West - bank Ranch Subdivision, Filing #1. Said Architectural Control Committee shall have and exercise all of the powers, duties, and responsibilities set out in this instrument. 2. Approval by the 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 Architectural Control Committee, two complete sets of the plans and specifications for said work and and no such structure or improvement of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations and specifications therefor have received such written approval as herein provided. 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 elevation of same, together with the pro- posed color schemes for roofs, and exteriors thereof, indicating materials for same, The committee shall have the right to refuse to approve any such plans or specifications, which are not suitable or desirable in its opinion, for aesthetic or other reasons, and in so passing upon such plans and specifications, it shall have the right to take into consideration the suitability of the proposed building, structure or other improvement and of the materials of which it is to be built, to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned, on the outlook from the adjacent or neighboring property. 3. Method of Approval. The Architectural Control 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 he retained by the committee. In the event no action, is taken to approve or disapprove such plans and specifications within the said thirty day period, the provision requiring approval of said plans and specifica- tions shall be deemed 'to have been waived. 4 Architectural Control Committee Not Liable. The Arch- itectural Control Committee shall not be responsible to any person or entity in any mariner whatsoever for any defect in any plans or specifications 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, Filing 11, shall ever he occupied or used by or for any structure or purpose or in any manner which is contrary to the applicable zoning regulations of Garfield County, Colorado. 2. Mining, Drilling or Quarrying. No mining, drilling, quarrying, tunneling or excavating for any substance within the earth, including oil, gas, mineral's_, gravel, sand, rock and earth shall ever be permitted within the limits of Westbank Ranch Sub- division, Filing #1. 3. Business Commercial or Trade Uses. No lands within Westbank Ranch Subdivision, Filing #1, shall ever be occupied or used for any commercial, business or trade purpose and nothing shall l/1 be done on any of said lands which is a nuisance or might become a nuisance to the owner or owners of said lands, excepting use of a portion a portion of the lands for sale of lots by the Declarant shall be permitted. 4. Animals and Agriculture. Residents may keep dogs, cats or other animals which are bona fide household pets on lands within Westbank Ranch Subdivision, Filing #1, so long as such pets are not kept for commercial purposes and do not make objectionable noises or otherwise constitute a nuisance or inconvenience to any of the residents of Westbank Ranch. No cattle, sheep, goats, pigs, poultry 3 or other livestock shall be kept or maintained on any lot. Horses may be kept on lots exceeding three acres in size only if such lots .! are approved, and in the case of such approval, the number of horses for any such approved lot shall be limited to two, limited by the Declarant. No lands shall be used for agricultural purposes except . for normal residential gardening of flowers, fruits and vegetables. 5. Signs. No advertising or signs of any character shall be erected, placed, permitted or maintained on any lot or structure Y 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. 6. Resubdivision. No lot described in the plat of Westbank Ranch Subdivision, Piling #1, shall ever be resubdivided into smaller lots or tracts, nor conveyed or encumbered in any less than the full N original dimensions as shown on said recorded plat. 7. 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 and acknowledged by the owner thereof, approved by the Architectural Control Committee, and recorded in the real property records of Garfield County, Colorado. 8. Service Yards and TriEach residence must maintain an enclosed service yard of sufficient size to conceal garbage cans, clothes lines, wood piles and storage piles from lots, roads and all common areas within or adjacent to Westbank Ranch Subdiv- ision, Filing #1. No above ground oil, gas or water tanks shall •.S be permitted on any lot. tkpj 9. Underground Utility Lines. Allutility pipes and lines within the limits of Westbank Ranch Subdivision, Filing #1, must be buried underground and may rot be carried on overhead poles nor above the surface of the ground. All such services must be buried underground from the point where said utilities take off from trans -- formers and terminal points supplied by the developer. 10. 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 s of construction. No persons may live in or use as a dwelling place a partially constructed building. In the event of a breach of this covenant, the Declarant and/or Westbank Ranch Homeowners' Assoc- iation shall have the right to complete construction of any incom- pleted building, structure and improvement under the provisions of Article VII, paragraph 2 hereof. 11. Temporary Structures. No temporary house, trailer, tent, garage or outhu]lding shall be placed or erected upon any part of any lot in Westbank Ranch Subdivision, Filing #1; provided, however, that during the actual construction of any improvement on any lot, necessary temporary buildings for the storage of materials may be erected and maintained by the person doing the construction. 12. Towers and Antennas. No towers or radio and television antennas shall be erected or permitted to remain on any residential lot within Westbank Ranch Subdivision, Filing #1, except that nor- mal 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. 13. Exterior Lighting. All exterior lighting and light �+ standards on residential lots shall be approved by the Architec- tural Control Committee for harmonious development and the pre- vention 1`FN►j of lighting nuisance to other residents of Westbank Ranch. 14. Garbage Disposal and Sanitary Systems. Each dwelling ' house containing a kitchen in Westbank Ranc:1 Subdivision, Filing #1, shall be equipped with a garbage grinder or garbage disposal unit �..� of a type approved by the Architectural Control Committee. 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 construction by all proper pub - ie health officials of the County of Garfield and the State of Colorado and also by the Architectural Control Committee. Sewage "'"-- disposal systems constructed on lots containing less than 1.3 acres in total area shall he equipped with chlorination treatment units. 15. Set Tack Restrictions, Every building, structure or other improvement, o'her than fences, terraces and steps, shall be set back at least 50 feet from the street lot line, 30 feet from the side lot lines and 30 feet from the rear lot line, as the same are shown on the recorded plat of 'Westbank Ranch Subdivision, Filing #1. Placement of any and all structures on lots within Westbank Ranch Subdivision, Filing #1, must he approved by the Architectural Con- trol Committee prior to commencement of construction. Q_ 9QLJ— 16. Walls and Fences. Walls, fences•coping shall be limited to six feet in height measured from the adjoining ground surface inside the wall or fences provided, however, no fence shall be permitted to abut any golf course constructed adjacent to 'West - bank Ranch Subdivision, Filing #1, and any fence so constructed shall be removed, whether the same was constructed before or after the construction of any such golf course. Boundary planting along any lot lines, except trees with single trunks, shall not be per- mitted to grow higher than eight feet. No chain link fences shall ever be permitted in Westbank Ranch Subdivision, Filing #1. 17. Cleanliness and Unsightly Growth. Each lot shall at all times be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber, or other building materials shall be permitted to remain exposed on any lot so as to be visable to any neighboring lot, road, or the Westbank Ranch Golf Course, except as is necessary during the period of construction. Each lot shall at all times he kept clear of weeds and other unsightly growth, and any and all landscaping that becomes objectionable or interferes with the oper- ation of the golf course, on demand by the Declarant, shall be forth- with removed by the property owner. 18. Golf Course. The Westbank Ranch Golf Course, when constructed, shall abut some of the property within Westbank Ranch Subdivision, Filing #1. Easements to permit the doing of every act necessary and proper to the playing of the game of golf on the golf course adjacent to any of the lots which may be subject to these restrictions 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 common noise level created by the playing of golf, together with all the other usual and common activity associated with the game of golf and with the normal and usual act- ivities associated with the operation of a golf or country club. 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 (in addition to any irrigation ditches which now exist in place), conduits and apparatus for the transmission of electrical current, telephone, television and radio lines and for the furnishing 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 im- proving 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, Filing #1. All easements of record and areas designated "Green Belt Area" or "Common Area" on plate pf Weetbank Ranch Subdivision, Filing #1, as finally recorded, are hereby reserved for the common use of the owners of lots within Weetbank Ranch for recreational purposes or such other purposes as may be determined by the Westbank Ranch Homeowners' Association. ARTICLE VII Enforcement 1. Judicial Relief. Any violation of the provisions, conditions, or restrictions 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 court, and, in its discretion, may award the plaintiff his court costs and reasonable attorney's 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. Variousrights and remedies of all persons hereunder shall be cumulative 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. 2. Declarant's Right to RemedyViolations. If the owner of any lot in Weetbank Ranch Subdivisin, Filing #1, shall default in the performance of any covenant or condition hereof or shall violate any of the covenants or rules contained herein, the Dec- larant 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. If the Declarant or association shall incur any expense, including reasonable attorney's fees in instituting, prosecuting (including an action against an owner for default or violation), or defending any action or proceeding in- stituted by reason of any default or violation, said expenses shall be included and added to any judgement made or given to the Declarant or party prosecuting same. ARTICLE VIII General Provisions 1. Covenants to Run, All the restrictions and covenants contained herein shall constitute covenants running with the land as to all of the lands within Westbank Ranch Subdivision. It shall continue to be binding upon the owners of said lands in all persons claiming by, through, or under said owners for a period of twenty- one years from the date this document is filed for record with the Clerk and Recorder of Garfield County, Colorado, and shall there- after automatically be extended for a further period of ten years, provided, however, that the owners of seventy-five percentofthe lots within Westbank Ranch Subdivision may release all of the lots hereby restricted from any one or all of these restrictions by executing and acknowledging an appropriate instrument in writing for said purpose and filing same for record with the Clerk and Rec- order of Garfield County, Colorado, in the manner then required for the recording of land instruments. 2. Benefit of A11. The provisions contained herein are for the benefit of and shall be binding upon the Declarant, its purchasers, and subsequent owners of each of said lots. Each pur- chaser 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 accep- tance, 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 reasons a variance or adjustment of these conditions and restrictions in order to overcome practical difficulties and prevert unnecessary hardships arising by reason 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 improve- ments of the neighborhood 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 27th day of November , 1970. WESTBANK RANCH NO 1, LTD, by its General Managing Partner, Westbank Development Co., Incorporated. By s/Arthur Small Ar hur Small, President, Westbank Development Co., Incorporated, General Managing Partner. Attest, s/Dolores J. Huebinger SEAL Dolores J. Huebinger, Secretary Re riled at 2:15 P.M. April., 1972 Book 430 Reception No. 253496 Ella Stephens,Recorder.Page 89 WESTBANK RANCH SUBDIVISION, FILING -NO. -2 PROTECTIVE COVENANTS Westbank Ranch No. 1, Ltd., a Colorado limited partnership, by and through its duly authorized General Managing Partner, Westbank Development Co., Incorporated, a Colorado corporation, being the owner of all of the lots in Westbank Ranch Subdivision, Filing #2, desiring to insure the development and continuity of Westbank Ranch Subdivision, Filing #2, 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 Sub- division, Filing #2, that said ownership and holding of said lots shall be subject to the following protective covenants and conditions, all of which shall be deemed to be appurtenant to and run with the land and inure to the benefit of and be binding upon the owners of said lots, their heirs, successors, and assigns: ARTICLE I Purpose of Covenants 1. It is the intention of the fee owner of Westbank Ranch Sub- division, Filing #2, expressed by the execution of this instrument, that the lands within Westbank Ranch Subdivision, Filing #2, 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 Subdivision, Filing #2, 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 "Westbank Ranch Subdivision," "Westbank Ranch," or "Westbank" are used in these covenants, they shall mean all the lands included in Westbank Ranch Sub- division, Filing #2, and as described on the plat filed for record with the Garfield County Clerk and Recorder. 2. Residence. The term "Residence" as used herein shall be con- strued and held to include single family dwellings and to exclude apartment houses, condominiums, or any dwelling place containing more than one family unit. 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. 4. Family. The term "Family" or "Family Unit" shall mean a household composed of man and wife, and children, and/or other relatives having natural or moral duties to care for one another. ARTICLE III Membership in_Westbank Ranch Homeowners Association 1. All persons or associations (other than the Westbank Ranch Homeowners' Association) who own or acquire the title in fee to any of the lands in Westbank Ranch Subdivision, Filing #2, or other lands owned by the Declarant adjacent to said subdivision which may be subsequently subdivided by the Declarant and included by it in the Westbank Ranch Homeowners' Association (other than lands dedicated to public use) by whatever means acquired, shall automatically become members of the Westbank Book 430 Page 90 Ranch Homeowners' Association, to be created as a non-profit Colorado corpora- tion in accordance with the Articles of Incorporation of said Westbank Ranch Homeowners' Association, its successors and assigns, to be filed with the. Clerk and Recorder of Garfield County, Colorado. Once the Articles of Incorporation of said Westbank Ranch Homeowners' Association are filed as referred to above, subsequent fee owners of property within the Westbank Ranch Subdivision, Filing ##2 shall become members of said association in accordance with the Articles of Incorporation as presently in effect and as the same may be duly amended from time to time and also recorded in the records of Garfield County, Colorado. ARTICLE IV Architectural Control Committee 1. The Architectural Control Committee shall consist of Mr. Arthur Small and Mr. John Huebinger, or three or more members appointed by them, which members shall be owners of lots in Westbank Ranch Subdivision. Said Architectural 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, remodeling, addition to, or alteration of any building, swimming pool, wall, fence, coping, or other structure what- soever, on any lot, there shall be submitted to the declarant for trans- mittal to the Architectural Control Committee, two complete sets of the plans and specifications for said work and no such structure or improvement of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations and specifications therefor have received such written approval as herein provided. Such plans shall include. plot plans showing the location on the lot or property of the wall, fence coping, or other such structure proposedto be constructed, placed, altered, or maintained, and elevation of same, together with the proposed color schemes for roofs, and exteriors thereof, indicating materials for same. The committee shall have the right to refuse to approve any such plans or specifications, which are not suitable or desirable in its opinion, for aesthetic or other reasons, and in so passing upon such plans and speci- fications, it shall have the right to take into consideration the suita- bility of the proposed building, structure or other improvement and of the materials of which it is to be built, to the site upon which it is pro- posed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned, on the outlook from the adjacent or neighboring property. 3. Method of Approval. The Architectural Control 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. 4. Architectural Control Committee Not Liable. The Architectural Control Committee shall not be responsible to any person or entity in any manner whatsoever for any defect in any plans or specifications submitted 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, Filing 4#2, shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the applicable zoning regulations of Garfield County, Colorado. Book 430 Page 91 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 be permitted within the limits of Westbank Ranch Subdivision, Filing #2. 3. Business, Commercial or Trade Uses. No lands within Westbank Ranch Subdivision, Filing #2 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, excepting use of a portion of the lands for sale of lots by the Declarant shall be permitted. 4. Animals and Agriculture. Residents may keep dogs, cats or other animals which are bona fide household pets on lands within Westbank Ranch Sub- division, Filing ##2 so long as such pets are not kept for commercial purposes and do not make objectional noises or otherwise constitute a nuisance or in- convenience 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 only on lots exceeding three acres in size, and only if such lots are approved by the Declarant for such purposes at the time of conveyance of such lot, and, in case such approval is granted, the number of horses permitted to be kept upon such lot shall not exceed two (2). No lands shall be used for agricultural purposes except for normal residential gardening of flowers, fruits and vegetables. S. 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. 6. Resubdivision. No lot described in the plat of Westbank Ranch Subdivision, Filing 4#2, shall ever be resubdivided into smaller lots or tracts, nor conveyed or encumbered in any less than the full original di- mensions as shown on said recorded plat. 7. Combining Lots.. If two or more contiguous residential lots are owned by the same owner, they may be combined into one lot by means of a written document executed and acknowledged by the owner thereof, approved by the Architectural Control Committee, and recorded in the real property records of Garfield County, Colorado. 8. Service Yards and Trash. Each residence must maintain an enclosed service yard of sufficient size to conceal garbage cans, clothes lines, wood piles and storage piles from lots, roads and all common areas within or adjacent to Westbank Ranch Subdivision, Filing #2. No above ground oil, gas or water tanks shall be permitted on any lot. 9. Underground Utility Lines. the limits of Westbank Ranch Subdivision, ground and may not be carried on overhead ground. All such services must be buried said utilities take off from transformers developer. All utility pipes and lines within, Filing ##2 must be buried under - poles nor above the surface of the underground from the point where and terminal points supplied by the 10. Construction of Dwelling House. All construction and alteration work shall be prosecuted diligently and each building, structure or improve- ment which is commenced on any residential lot shall be completed within twelve months from the commencment of construction. No persons may live in or use as a dwelling place a partially constructed building. In the event of a breach of this covenant, the Declarant and/or Westbank Ranch Homeowners' Associa- tion shall have the right to complete construction of any incompleted building, structure and improvement under the provisions of Article VII, paragraph 2 hereof. Book 430 Page 92 11. 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 Filing #2; provided, however, that during the actual con- struction of any'improvement on any lot, necessary temporary buildings for the storage of materials may be erected and maintained by the person doing the construction. 12. Towers and Antennas. No towers or radio and television antennas shall be erected or permitted to remain on any residential lot within Westbank Ranch Subdivision, Filing #2, 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. 13. Exterior Lighting. All exterior lighting and light standards on residential lots shall be approved by the Architectural Control Committee for harmonious development and the prevention of lighting nuisance to other residents of Westbank Ranch Subdivision, Filing #2. 14. Garbage Disposal and Sanitary Systems. Each dwelling house containing a kitchen in Westbank Ranch Subdivision, Filing #2, shall be equipped with a garbage grinder or garbage disposal unit of a type approved by the Architectural Control Committee. No sewage disposal system, sani- tary system, cesspool or septic tank shall be constructed or used on any, lot unless fully approved as to design, capacity, location and construction by all proper public health agencies of the State of Colorado and the County of Garfield, and also by the Architectural Control Committee. All individual;:'; sewage disposal systems must be equipped with primary and secondary treat- ment facilities. 15. Set Back Restrictions. Every building, structure or other improvement, other than fences, terraces and steps, shall be set back at least 50 feet from the street lot line, 30 feet from the side lot lines and 30 feet from the rear lot line, as the same are shown on the recorded plat of Westbank Ranch Subdivision, Filing #2. Placement of any and all struc- tures on lots within Westbank Ranch Subdivision, Filing #2, must be approved by the Architectural Control Committee prior to the commencement of construction.' 16. 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; provided, however, no fence shall be permitted to abut the golf course constructed adjacent to Westbank Ranch Subdivision, Filing #2. 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 Ranch Subdivision, Filing #2. 17. Cleanliness and Unsightly Growth. Each lot shall at all times be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber,*or other building materials shall be permitted to remain exposed on any lot so as to be visable to any neighboring lot, road, or the Westbank Ranch Golf Course, except as is necessary during the period of construction. Each lot shall at all times 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 declarant, shall be forthwith removed by the property owner. 18. Golf Course. The Westbank Ranch Golf Course, when constructed, shall abut some of the property within Westbank Ranch Subdivision, Filing #2. Easements to permit the doing of every act necessary and proper to the playing of golf on the golf course adjacent to any of the lots which may be subject to these restrictions 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 common noise level created by the playing of the game of golf, together with all the other usual and common activity associated with the game of golf and with the normal and usual activies associated with the operation of a golf or country club. Book 430 Page 93 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 (in addition to any irrigation ditches which now exist in place), conduits and apparatus for the transmission of electrical current, telephone, television and radio lines and for the furnishing 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, as finally recorded, are hereby reserved for the common use of the owners of lots within Westbank Ranch Subdivision for recreational purposes or such purposes as may be determined by the Westbank Ranch Homeowners' Association. ARTICLE VII Enforcement 1. Judicial Relief. Any violation of the provisions, condi- tions, or restrictions contained herein shall warrant the declarant or any other lot owner to apply to any court of law or equity having juris- diction thereof for an injunction or proper relief in order to enforce same in 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 righrt and remedies of all persons hereunder shall be cumulative 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. 2. Declarant's Right to Remedy Violations. If the Owner of any lot in Westbank Ranch Subdivision, Filing #2, shall default in the perfor- ' mance of any covenant or condition hereof or shall violate any of the covenant or condition hereof or shall violate any of the covenants 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. If the declarant or association shall incur any expense, including reasonable attorneys fees in instituting, prosecuting (including an action against an owner for default or violation), or defending any action or proceeding instituted by reason of any default or violation, said expenses shall be included and added to any judgment made or given to the declarant or party prosecuting same. ARTICLE VIII General Provisions 1. Covenants to Run. All the restrictions and covenants con- tained herein shall constitute covenants running with the land as to all of the lands within Westbank Ranch Subdivision. It shall continue to be binding upon the owners of said lands in all persons claiming by, through, or under said owners for a period of twenty-one years from the date this docu- ment is filed for record with the Clerk and Recorder of Garfield County, Colorado, and shall thereafter automatically be extended for a further period of ten years; provided, however, that the owners of seventy-five per cent of the lots in Westbank Ranch Subdivision may release all of the lots hereby restricted from any one or all of these restrictions by executing and acknowledging an appropriate instrument in writing for said purpose and filing same for record with the Clerk and Recorder of Garfield County, Colorado, in the manner then required for the recording of land instruments. Book 430 Page 94 2. Benefit of All. The provisions contained herein are for the benefit of and shall 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 conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships. arising by reason 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 neighborhood 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 /74E1'1 day of Ant / 1.• , 1972. WESTBANK RANCH NO J , LTD, by its General Partner, Westbank Development Incor By ► Dolores. J / uebinger STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) 4. Arthur Small, President, Westbank Development Co., Inc. General Managing Partner. The foregoing instrument was acknowledged before me this 17th day of April, 1972, by Arthur Small as President and Dolores J. Huebinger as Secretary of Westbank Development Co., Inc. , a Colo- rado Corporation. Witness my hand and notarial seal. My commission expires, December 12, 1973. ,`,1►1►11 11111 '11��//` t � 1 • I ( 0.� 1�VE.• • • • •S.�1 47 cs+; a4.4 (‘-t6.e.7C 231 Notary Public /, 'G`tl r7