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HomeMy WebLinkAbout1.0 Application• VVESTBANK DEVELOPMENT COMPANY, INC. BOX 987 GLENW00D SPRINGS, COLORADO 81601 April 17, 1972 Board of County Commissioners Garfield County Glenwood Springs, Colorado Gentlemen, Enclosed is the Final Plat map of the Westbank Ranch Subdivision, Filing #2. Included with the Final Plat map are three copies of the subdivision protective covenants and cost estimates of the improvements to be installed. Westbank Ranch No. 1, Ltd., the subdivider, has al- ready installed a central water system, underground telephone and natural gas lines in Filing #1 and completed the roads in Filings #1 and 2. Westbank Ranch No. 1, Ltd. hereby agrees to extend the central water system, natural gas lines, tele- phone and electrical system to all lots in Filing. ,72 in accordance with Garfield County Regulations at its sole expense prior to October 1, 1973. Respectfully request your early consideration and approval of this Final Plat. rthur Small, President, Westbank Development Co., Inc., General Managing Partner for Westbank Ranch No. 1, Ltd. • WESTBANK DEVELOPMENT COMPANY, INC. BOX 987 GLENWOOD SPRINGS, COLORADO 81601 April 17, 1972 PRELIMINARY COST ESTIMATES IMPROVEMENTS WESTBANK RANCH SUBDIVISION, FILING #2 Extension of Central Water System Extension of Natural Gas Lines Electricity and Telephone Lines Total Arthur Small, President, Westbank Development Co., Inc., General Managing Partner for Westbank Ranch No. 1, Ltd. $18,500.00 3,000.00 21,500.00 $43,000.00 A • • WESTBANK RANCH SUBDIVISION, FILING NO. 3 PROTECTIVE COVENANTS Westbank Ranch No. 1, Ltd., a Colorado limited partnership, by and through its duly authorized general partner, Westbank Development Co., Incorporated, a Colorado corporation, as the fee owner of Westbank Ranch Subdivision, Filing 3, desiring to insure the development and continuity of Westbank Ranch Subdivision, Filing 3, 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, Filing 3, 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 Subdivision, Filing 3, expressed by the execution of this instrument, that the lands within Westbank Ranch Subdivision, Filing 3, 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 3, 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 3, 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 house- hold 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 3, 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 Home- owners' 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 Homeowners' Association are filed as referred to above, subsequent fee owners of property within the Westbank Ranch Subdivision, Filing 3, shall become members of said association in • 1 Page Two Protective Covenants - Westbank Ranch, Filing No. 3 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. John Huebinger and Mrs. Dolores Huebinger, or three or more members appointed by them, which members shall be owners of lots in Westbank Ranch Subdivision, Filing 3. 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 whatsoevery, 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 no such structure or im- provement of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations and specifications therefore 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 con- structed, 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 specifications, it shallhave the right to take into consideration the suitability of the propsoed 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 specifi- cations with the approval 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 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 #3, 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. 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 #3. 3. Business, Commercial or Trade Uses. No lands within Westbank Ranch Subdivision, Filing ##3, 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 Page Three Protective Covenants - Westbank Ranch, Filing No. 3 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 Subdivision, Filing #3, 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 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 any 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." 5. Signs. No advertising or signs of any character shall be erected, placed, permitted or maintained on any log 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 #3, shall ever be resubdivided into smaller lots or tracts, nor conveyed or encumbered in any less than the full original dimensions 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 en- closed 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 463. No above ground oil, gas or water tanks shall be permitted on any lot. 9. Underground Utility Lines. All utility pipes and lines within the limits of Westbank Ranch Subdivision, Filing #3, must be buried under- ground and may not be carried on overhead poles nor above the surface of the ground. All such services must be buried underground from the point where said utilities take off from transformers and terminal points supplied by the developer. 10. Construction of Dwelling House. All construction and alteration work shall be prosecuted diligently and each building, structure or im- provement 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. In the event of a breach of this covenant, the Declarant and/or Westbank Ranch Homeowners' Association shall have the right to complete construction of any incompleted building, structure and improvement under the provisions of Article VII, paragraph 2 hereof. 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 463, 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. Page. Four ,Protective Covenants - ,estbank Ranch, Filing No. 3 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 #3, 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 #3. "14. Garbage Disposal and Sanitary Systems. Each dwelling house containing a kitchen in Westbank Ranch Subdivision Filing #3, shall be equipped with a garbage grinder or garbage disposal unit of a type approved by the Architectural Control Committee. No sewage disposal system or sani- tary system 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." The minimum sanitation facility must include primary and secondary treatment with ultimate subsurface disposal. 15. Set Back Restrictions. Every building, structure or other im- provement, other than fences, terraces and steps, shall be set back at least 50 feet from the street lot line, 25 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 #3. Placement of any and all structures on lots within Westbank Ranch Subdivision, Filing #3, 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 any golf course constructed adjacent to Westbank Ranch Subdivision, Filing #3, and any fence so constructed shall be removed, whether the same was con- structed before or after the construction of any such golf course. 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 #3. 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 #3. 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 activities associated wit'. 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 • • 'Page Five Protective Covenants - Westbank Ranch, Filing No. 3 place), conduits and apparatus for the transmission of electrical current, telephone, television and radio lines and for the furnishing of water and .gas in the street or for the furnishing of other utility purposes together with the right of entry for the purpose of installing, maintaining and improving said utilities along, across, upon and through a strip of land eight feet in width along the rear and side lot lines of all lots in Westbank Ranch Sub- division, Filing #3. All easements of record and areas designated "Green Belt Area" or "Common Area" on plats of 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, 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 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 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 #3 shall default in the performance of any covenant or condition hereof or shall violate any of the covenants or rules herein contained, the declarant or the 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 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 thereafter automatically be extended for a further period of ten years; provided, however, that the owners of seventy-five percent 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. 2. Benefit of All. The provisions contained herein are for the bene- fit of and shall be binding upon the declarant, its purchasers, and subse- quent 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 con- tained herein. Page" Six Protective Covenants - Westbank Ranch, Filing No. 3 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. 1,1f;1i ,) .4 Executed this 2 5 day of J9/1/4ir� c `` , 1974, WESTBANK RANCH NO 1, LTD, by its General Partner, Westbank Development Co., Incorporated. ,Attest i i B \ J6h Huebinger, elopment Co. Partner. Jr., Presidet, tbank , Inc. General Managing /J Dolores J. Huebpger Secretary • • WESTBANK DEVELOPMENT COMPANY, INC. Box 987 GLENWOOD SPRINGS, COLORADO 81601 December 10, 1973 County Court House Board of Commissioners Garfield County, Colorado Dear Sirs: This letter is to certify that all information furnished on the preliminary plat of Westbank Ranch Subdivision Filing No. 3, as submitted for approval, has been complied with in the completion of the final plat presented this date. ohn Huebinger, Jr. President Westbank Development Co., Incorporated JH ;km • ROCKY MOUNTAIN NATURAL GAS COMPANY, INC. P. O. DOX 700 • GLLNWOOD SPRINGS. COLORADO 01601 • TELEPHONE 04b -t,471 November 29, 1972 M. Art Small West Bank Development Co. P. 0. Box 987 Glenwood Springs, Colorado 81601 Dear Mr. Small: The following is a summary of the costs involved in piping your West Bank Sub- division filings 2 and 3 for natural gas: Filing 2 1993 feet of 2" C -W pipe @ $1.50 per foot 1101 feet of 1k" C -W pipe @ $1.25 per foot Filing 3 3499 feet .of 2" C -W pipe @ $1.50 per foot Total of both filings $2989.50 $1376.25 $5248.50 $9614.25 The per foot charge may be reduced by 20 cents per foot if you do the excava- ting and this meets with the Dot requirement on clearance from other utilities. The piping quoted will meet the present demands of the subdivision, but a new farm tap regulator will be needed as the lots fill with houses. This will require piping from our main line to the 2" piping in filing #2 in addition to the regulators. Thank you for this opportunity. Yours very truly, ROCKY MOUNTAIN NATURAL GAS COMPANY, INC. aZ)0 7-1 CAJ:kl 2.2 CZte ,i . -CY C7z l!fy !� A!.,/ (/ ,�'`�•�✓✓fig:✓ "� J r 7 • moi% iJ %/ vim.:• r Iyer, Z/7 G `I..1 //T x .ac =1/ 3 /9. .;.. 13„0.1: GRAND AVE. May 23, 1973 Rollie Irwin Westbank Ranch Development P. 0. Box 987 Glenwood Springs, CO 81601 11 i /NC , GLENWOOD SPRINGS, COLORADO 31,6011.• RE: Westbank Ranch, Filing No. 1, No. 2 and No. 3 Underground Electric Utilities Dear Mr. Irwin: The cost estimate for placing all electric utilities underground in the Westbank Ranch Development, removal of overhead lines, and supplying service to all lots in Filing No. 1 and No. 2 follows. 120/240 volt, single phase, underground service will be available on each lot in Filing No. 1 and No. 2. It is the home owner's responsibility to extend the underground service to meet National Electric Code Specifications to his house. In Filing No. 3 the cost estimated is for placing currently existing overhead lines underground and removal of the overhead lines. Service to these lots will be by Public Service Company. A summary follows: Filing No. 1 - Cost of Underground Construction Credit for overhead 461.00 per ft. Credit for Salvaged Materials Cost of Labor for Removal Cost New Materials for Overhead Removal Net Prepayment Required for Filing #1 Filing No. 2 - Cost of Underground Construction Credit for Overhead $1.00 ft. Credit for Salvaged Materials Cost of Labor for Removal Net Prepayment Required for Filing #2 Filing No. 3 - Cost of Underground Construction Cost of New Materials for Overhead Removal Credit for Salvaged Material Cost of Labor for Removal Net Prepayment Required for Filing #3 $31,297.66 ( 2,163.00) ( 947.30) 912.57 665.76 $29,765.69 $27,542.74 ( 1,689.00) ( 1,026.55) 357.00 $25,184.19 $22,554.32 1,810.23 ( 3,044.76) 1,322.09 $22,641.88 $29,765.69 25,184.19 22,641.88 Total Prepayment Required $77,591.76 • • • Mr. Rollie Irwin May 23, 1973 Page 2 This is an estimate and the final assessment or refund will be based on the actual cost of construction. In the event that excavation -,is provided by the developer's contractor, the following credits will be allowed: Filing No. 1 $ 7,571.90 Filing No. 2 6,481.40 Filing No. 3 5,763.00 Total Credit for Trenching $19,816.30 ($19,816.30) Net Prepayment Required less Trenching $57,775.46 Upon receipt of a signed copy of this letter and your check in the amount of the prepayment required, we will proceed with the engineering and construction phases. Sincerely, HOLY CROSS ELECTRIC ASSOCIATION, INC. Clemons M. Kopf, System Engineer CMK/EP ACCEPTED FOR WESTBANK RANCH DEVELOPMENT BY: TITLE: DATE: g� v 01. John D. Vanderhoof vernor • DIVISION OF WATER RESOURCES Department of Natural Resources 300 Columbine Building 1845 Sherman Street Denver, Colorado 80203 November 28, 1973 Mr. Ernest Delto C/0 Aspen Construction Box ZZ Aspen, Colorado 81611 Dear Mr. Delto: Below is the information we have on file regarding Well Permit Nos. 46787 and 46799 issued to the Westbank Ranch,, LTD. C. J. KUIPER State Sngtn..r Both of these wells were Late Registered in the State Engineers office on June 21, 1971. The location of these wells is registered as the Southeast 1/4 of the Southwest 1/4+ of Section 35, Township 6 South, Range 89 West, 6 P.M. The approximate drilling date given was 1962. Both wells were registered in the Domestic category with pumping rate of 15 gallons per minute. Drawdown caused by pumping tests were recorded as minimal. Both wells have a total depth of 90 feet with solid casing installed to a depth of 50 feet. There was no listed driller given on the Late Registrations. However, both of these wells were registered by a Mr. Arthur Small of Box 987, Glenwood Springs, Colorado. Perhaps a check with Mr. Small may prove advantageous. This is all the information we have in our files. If you have further need of assistance, please feel free to contact our office.' RPS:mac Very truly yours, Ron Schiff Water Resources Engineer Ground Water Section ID • Note: The attorney or firm of attorneys providing this policy has a financial interest as a member or shareholder of Attorney's Title Guaranty Fund. Inc. • : TITLE GUARANTY FUND, INC. The Lawyers Organization for Insuring 'titles to Real Estate Denver, Colorado OWNERS POLICY OF TITLE INSURANCE In consideration of the below named attorney at law (or firm of attorneys at law) having qualified as and being members of Attorneys' Title Guaranty Fund, Inc. (hereinafter "Fund"), subject to the conditions herein, the Fund does hereby insure the person or entity designated as "Insured" in Schedule A (hereinafter "Insured" whether singu- lar or plural) against all loss or damage, not to exceed the amount designated in Schedule A, which may be sustained by Insured because of unmarketability of, or defects in, or liens or encumbrances against or upon the title of Insured to the estate or interest in the real property specified and described in Schedule A hereof existing at the effective date of this document, excepting, however, all matters set forth in Schedule B hereof and subject to the conditions set forth herein under the caption "Conditions of This Policy," which exceptions and conditions are hereby expressly made a part of this policy of insurance. In Witness Whereof, the Fund has caused its name and seal to be hereunto affixed by its President. ATTORNEYS' TITLE GUARANTY FUND, INC. 1 y John S. Kellogg, President m>c›oo<>cx>000<> >ooc >cx>< ><=x>c,:>-oo<>c*<>«>c›oo:>o<>o:>cxw MEMBER OP weatescat © �4tcwA •. O Y {� CO SERVICE AI C ITL SY` INSURANCE COMPANY MIAMI, FLORIDA e h a'�860C�1•IS �Yvj 1{ �� M:Mb(Il 0!Fr w/ O In consideration of the premium paid under this policy, it is hereby under- stood and agreed that American Title Insurance Company assumes entire liability under this policy and that in the event Attorneys' Title Guaranty Fund, Inc. shall fail to pay any valid claim under this policy by reason of loss or damage insurance against, then such loss shall be assumed and paid by American Title Insurance Company in the same manner and to the same extent as if such policy had been a policy of American Title Insurance Company. IN WITNESS WHEREOF, American Title Insurance Company has caused this Certifi- cate to be executed by its duly authorized officers. QAMERICAN TITLE INSURANCE COMPANY ATTEST: :.�.`,;;o••.'.' { e1936, n X „f%>?�L,4,........i%I::� .;_ ` .a E 15. T.. By �% U `/( l Secretary '•,+* "'t *N.4.. - '"'"". r I President 6 Issued By MINCER, LARSON AND HARTERT (Member's Name and Address) 905 Cooper Avenue, Glenwood Springs, Colorado 81601 This policy must contain Schedules A and B duly validated by this signature.- �j - • • Colorado (Owner's) 210 SCHEDULE A 1. The amount of this policy is $ 11, 500. 0 0 2. The estate or interest of the Insured in the real property described in paragraph 4 of this Schedule, and covered by this policy, is: Fee simple. 3. Insured: JOHN R. HUEBINGER, JR. and DOLORES J. HUEBINGER, as joint tenants. 4. The land referred to in this policy is situated in the County of Garfield State of Colorado and is described as follows: Lot No. 10, WESTBANK RANCH PLANNED DEVELOPMETT SUBDIVISION, FILING NO. 1, according to the recorded plat thereof. WATER RIGHTS, WHETHER DESCRIBED OR NOT, ARE EXCEPTED HEREFROM. Policy Serial The date of this policy is Member No. April 19,1971 at 11:02 A. M A-60 Validating signature 'IAl' ,' SEE. SC 2DULE II ATTACHED HERETO 14731 COLORADO • • SVa.T.EiDULE B OWNERS 210 This policy does not insure against: 1. Unrecorded possessoryrights, uses or claims, dncludin� unrecorded easements and rights-of-way, lies, pipelines an utiliti for roads, ditcs. 2. Mechanics' liens or any rights thereto, where no notice of such liens or rights appears of record 3. Taxes for the current year and taxes and assessments not due or payable and special assessments not cer- tified to the treasurer's office. 4. Any facts, including encroachments, measurements area, content, and party walls which a correct survey would show, and including conflicts in boundary lines. 5. Zoning and/or other restrictions or prohibitions imposed by governmental authority. 6. Any tax, assessments, fees or charges by reason of inclusion of subject property in the Mt. Sopris Soil Conservation DistrictCarbondale and Rural Fire Protection District, West Divide Water Conservancy District. 7. One-half of all oil, gas and other minerals reserved by John C. Rigney, Jr. and Phil T. Rigney by instrument recorded October 27, 1950 in Book 24at Page 556, of said records. 8. One-fourth of all oil, gas and other minerals reserved by Harold L. Gambrel and Helen Rigney Gambrel by instrument recorded September 29, 1959 in Book 320 at Page 400, of said records. 9. Right-of-way of Public Service Company of Colorado for the construction, operation and maintenance of its conductors for the transmission of electricityandM. as ranted ances, upon Lots 5, 8 and 9 of Section 2, Tp. 7 S., R. 89 W., 6th P. g by instrument recorded November 18, 1959 under Document No. 207468, of said records. (Said right-of-way affects all of said property, but is presently constructed and in place across Lot 31 and Lot 32 of Westbank Ranch Planned Development Subdivision, Filing No. 1.) 10. Right-of-way of Rocky Mountain Natural Gas Company, Inc. for the construction, operation and maintenance of its pipelines and appurtenances, over, under and across subject land as granted by instrument recorded October 19, 1961 in Book 337 at Page 255 under Document No. 215457, of said records. (Said right-of-way affects alI of said property, but is presently constructed and in place across Lots 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 of Westbank Ranch Planned Development Subdivision, Filing No. 1. 11. Restrictions, conditions, covenants and reservations contained in instrument entitled "Westbank Ranch Subdivision, Filing No. 1, Protective Covenants", recorded as Document No. 248730 in Book 316 at Page 344 and as contained in "Amendment to Westbank Ranch Subdivision, Filing No. 1 Protective Covenants", recorded as Document No. 249169 of said records. es, pipelines, 12. Any and all easements and rights-of-way for roads, streets, ictl drainage and greenbelt as shown on the plat of said Westbank/Pranned Development Subdivision, Filing No. 1, filed as Document No. 248729 of said records. 13. Lien of Deed of Trust to Public Trustee of Garfield County, Colorado for the use and benefit of Westbank Ranch No. 1, Ltd., a Colorado Limited Partnership, dated March 15, 1971, recorded as Document No. 249231 of the records of Garfield County, Colorado, and Assignment thereof to The Bank of Glenwood, recorded as Document No. 249499 of said records. Member No A-60 Validating signature.. POLICY SERIAL NO. OP The typed serial number above MUST be the same as the printed serial number on Schedule A. 14731 I • • 1. The Bund aheiI have the right to, and will ret Ito own ex- pense, defend the Insured (which term shall include an own(1r, a lessee, or purchaser under contract, if such 1s the interest in- sured no shown in Schedule A herein, and shell include the legal representatives, heirs end devisees of the Insured but shall not include a purchaser from the Insured) in any action of eject- ment or other action or proceeding, founded upon a claim of title, encumbr —•o, Iice, or other objection which existed or to claimed to have existed prior in date to the dato of policy on Pere 1 here- cf and not excepted by Schedule B, nor by theme conditions; re- verving, however, a continuing option of nettling tho claim or paying this policy in full; and the payment or tender of payment to the full amount of this policy shall terminate all liability of the Fund hereunder. It shall bo the duty of the Insured promptly, upon Iearn".n,•, of such a claim, to give the Fund written notice thereof, addressing the notice to the Denver, Colorado office of the Fund, with full' particulars, and in case any action or pro- ceeding a s hereinabove mentioned shall bo brought, it shall bo the duty et the Insured at once to notify the Fund thereof in writing, and the Fund shall have the right to defend such action or pro- ceeding in the name of the Insured, In its own name, or in such a manner as the Fund may elect and the law may allow. If such notice of claim shall not bo given to the Fund in time to enable the Fund to defend such action or proceeding and the right to de- fend the same shall thereby be lost to the Fund, or if the Fund shall in any wise, through the fault of the Insured, be prevented or hindered in making such defense, then all liability of tho Fund 1n regard to said claim, or the subject matter of such ac- tion or proceeding, shall cease and terminate; provided, however, that failure to notify shall in no cane prejudice the claim of the Insured if the Insured is not a party to ouch action or proceeding, nor bo served with summons therein, nor have any knowledge thereof. By undertaking the defense of any action or proceeding, the Fund shall not be deemed to have admitted liability hero - under, nor shall it be. thereby precluded, after complete investiga- tion and ascertainment of all material fees, from questioning its liability. The •Insured, whenever requested by the Fund, or by any of its officers, agents, or attorneys; shall aid in effecting settlement, securing Information and evidence, the attendance of witnesses and in prosecuting appeals, but shall not voluntarily assume any liability or interfere in any negotiation for settlement of sny legal proceeding, or •incur any expense or settle any claim, without the written consent of the Fund previously given, ex- cept at the Insured's own expense. 2. In the event that a valid contract in writing shall be made by the ,Insured for the sale, mortgage, lease or other convey- ance of the estate or interest hereby insured and the title is de- clined by reason of any defect or encumbrance prior in date to this policy and not excepted herein, by reason of which the title is un- marketable, the Fund at Ste option shall (a) pay the Insured tho amount of thin policy; or (b) within a reasonable time there- after and with the consent of the prospective purchaser, mortgagee or lessee, correct the alleged defect or remove the encumbrance; or (c) establish the marketability of the title by decree of court; .or (d) otherwise save the Insured harmless. In the event such ob- jection is made, the Fund shall be given written notice of tho samo within sufficient time for the Fund to exorcise its options under this paragraph. 3. Nothing contained • in this policy shall be construed as in- surance against loss or damage: (1) resulting from fraud on this part of the Insured; (2) by reason of the insured not being a bona fide purchaser for value; (3) resulting from any aot, condition or relationship created, suffered or permitted by the Insured, but not disclosed by the public records of the county where the property is located; (4) by reason of the fact that the Insured contravened any bankruptcy Iaw in acquiring the estate or in- tcreet hereby insured; (6) by reason of any homestead rights of the spouse or children of the Insured; (G) by reason of the ex- ercise or enforcement or attempted enforcement of any govern- mental police power or any right of eminent domain over tho property hereby insured; (7) resulting from any encumbrance, lion or other objection arising after the effective date of this policy; (8) ronulting from unrecorded tax lions when the interest shown in Schedule A. hereof is that of n. purchaser under con- tract, or (9) booau:+e of reservationn, conditions, exceptions, or other Ifunitr.tlone relating to or contained in esteem of the United States or ionto of Colorado spolicable to the proporty described in Schedule Ahereof. 4. If the. Intcrent ehown fa Schedule A. heroin Is a leasehold thin policy is r•,ubject to all valid tennis and conditions of the lease and the limit of the liability of the Fund under this policy shall bo: (1) tho fair and reasonable value of the leasehold In excess of the rent paid or to bo paid for that part of the term of the loaso that is unexpired at tho time an ativerao claim on which tho • Insured's right of recovery under this Sn:;trumentin eatablinhed. and (2) the fair and roaaonable value of any improvements purchased or made by the Insured on the leased premises and authorized by tho leano. which lmprovernonts, if they pnrtalco of the nature of real property, for the purpose of this policy, shall bo considered an real and not personal property, and (1) the items provided for by paragraph 3 of these conditions, .provided, however, that under no circumstances shall liability of tho Fund exceed tho amount shown on Page 1 of this policy and nhall not exceed the actuni value of the insured estate, except an otherwise specified. If tho lntorest shown ' In Schedule A herein Is that of purchaser under contract of sale. then this policy shnil be subject to all the valid terms and conditions of the contract of sale. G. No claim for damagoa shall arise under thin policy except under the several provisions and conditions of thla policy, and then only after an encumbrance, lien or other objection rot ex- cepted in Schedule B or excluded by tho conditions of thin policy has been adjudged by a final determination in a court of competent Jurisdiction to bo valid and effectual to charge the real property doecrtbed in Schcdulo A of thia policy and that has not been ez- copted in Schedule B of thin policy nor excluded by these condi- tions. In litigated matters, the Fund shall always have and bo entitled to exorcise the right of appeal to a court of last resort and so long as tho right remains open to it, there shall not be deemed to have been a "final determination" of the questions at Issue, provided, however, If the decision of the trial court be ad- verse and of such a character as to require supersedeas for the protection of the Insured pending appeal, tho Fund will. to the extent of its pecuniary liability to the Insured. supersede such adverse judgment or decree. If supersedeas in excess of the.Fund's ]lability is required, It shall be the duty of tho Insured to furnish such supersedeas, and the Fund will not be responsible for any loss or damage resulting from the failure of the Insured to do so. In every case where liability of the Fund has been fixed in ac- cordance 'with these conditions, the loss or damage shall be payable within 30'days thereafter. 6. In case of any loos to the Insured by reason of a defect, lien, or encumbrance affecting only a part of the insured property, the measure of damages which the Insured may recover undor thia policy shall not be a greater fractional part of the amount as stated in this policy than the proportion whicb the property affected by such defect or encumbrance, exclusive of Improvements made thereon subsequent to thedate of this policy, bears In value to the entire property covered by. this policy. All payments under tide policy or under any policy .issued to the Inaured'a successor in title covering all or any part of the land described herein shall reduce the amount of the insurance pro tanto and no payment shall be demanded without producing this policy for endornernent thereon of such payment. If this policy be lost, in- demnity must be furnished to the satisfaction of the Fund. .Any loss payable under this policy may be applied by the Fund to tho payment of any mortgage or deed of trust mentioned in Schedule B, the title to which is also insured by the Fund, and the amount so paid shall also be doomed a payment to the Insured under this policy. 7. 'Whenever the Fund has Bottled a claim under this policy It shall bo entitled to the rights and remedies which the Insured would have had against any other person, persons, or property In respect to ouch claim, had this policy not been issued and the Insured undertakes to transfer or cause to bo transferred to the Fund such rights, together with the right to use the name of the Insured when necessary for the recovery thereof, such rights of subrogation to vest in the Fund unaffected by any action of the Insured. In all cases where a claim is asserted under this policy, the Fund shall have the right to pay tho Insured a sum equalling the remount of this policy or a sum equalling tho value of the insured estate, whichever is the lesser amount; and upon ouch payment the Insured shall transfer and quit claim to the Fund all of his right, title and Interest in and to the Insured estate. 8. The Fund will pay, in addition to the loss, all costs of court imposed on tho Insured In liUgntion carried on by the Fund for tiro Insured under the re jnircmeutn of thin pulley but it will in no cavo bo liable for tiro feon of any counsel or attorney employed by the Insured, and the lona paid, eeciuniVo of coats, shall in no event exceed the amount oe tele polies. 9. This entire policy shall bo void 1f, whether before or after a loss, tho Insured has wilfully concealed or misreprencntod any material fact or circumstance concerning this insurance or the subject thereof, or the interest of tho Insured therein, or in caro of any fraud or false swearing by the Inaured relating thereto. Ti3Z9 POLLCY m NOT TItAN;FEFiABLID TO SUB17I1QU NT O:'GNi.2S. A RITSSUD POLICY ]TI FAVOII, OF NEW FIJItQIGZIII.3 SHOULD BEl OBTAINED. Jwaker :iroi.9Y by R eofstered Professional Engineers r_;eo!ogists Colorado 5pnngs, Colorado P.uekl a, Colorado Howard M. Dump Pock Springs, *yom ng "-bort L. Beck THE LINCOLN-DeVORE TESTING LADORATORY 'larch 32, 1970 Tri -Co Management Inc. 0 Box 1730 seen, Colorado 31 511 Att: Tel Griffin Gentlemen: Personnel of this Laboratory have completed analysis of a water sample delivered by Mr. Griffin. The results are as follow: PH 8.4 Alkalinity 280 ppm Carbon Dioxide 12 ppm 15 ppm none none .1 ppm (tr) Chloride Chromate Chlorine Copper Fluoride .8 ppm Hardness Ca 447 ppm Hardness Total 610 ppm Hydrogen Sulfide none Iron .1 ppm /jb TSsi �;U •v`';1 t►I� Manganese Nitrate Nitrogen Nitrite Nitrogen Oxygen(dissolved) Phospate Ortho Phospate,Metaorpbly Silica Sulfate Turbidity This is potable water. 1.5 ppm none .01 ppm trace 4 ppm . 5 ppm . 6 ppm 2 ppm 15 ppm 40 JTU Respectfully submitted, LINCOLN+-DeVORH TESTING LAB. 7-)2 Gebrge D. Morris, Pte: • PROPERTY REPORT WESTBANK RANCH GOLF AND COUNTRY CLUB GARFIELD COUNTY, COLORADO NOTICE AND DISCLAIMER BY OFFICE OF INTERSTATE LAND SALES REGISTRATION, U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT This report is not a recommendation or endorsement of the offering herein by the Office of Interstate Land Sales Registration, nor has that office made an inspection of the property nor passed upon the accuracy or adequacy of this report or any promotional or advertising materials used by the seller. It is in the interest of the buyer to inspect the property and carefully read all sale documents. Prospective buyers are notified that unless they have received this property report prior to, or at the same time they enter into a contract, they may void the contract by notice to the seller. Unless a buyer acknowledges in writing that he has read the report and personally inspected the lot prior to signing his contract, he may revoke his contract within 48 hours from the signing of his contract, if he has received the property report less than 48 hours prior to signing such contract. 1. Name of developer: Address: 2. Name of subdivision Location: Westbank Ranch No. 1, LTD., a Colorado Limited Partnership P.O. Box Colorado Wes tbank Club. Garfield Colorado 987, Glenwood Springs, 81601 Ranch Golf and Country County, State of a. Effective date of Property Report June 21, 1972. b. This offering consists of 32 lots. Legal Descrip- tion: Lots 1 thru 32, Westbank Ranch Planned Dev- elopment Subdivision, Filing No. 1, according to the Plat thereof filed as Document No. 248729 of the records in the Office of the Clerk and Recorder of Garfield County, Colorado. In addition to this offering of 32 lots, there will be 160 Lots remaining to be offered in the Total Subdivision. 3. LIST NAMES AND POPULATIONS OF SURROUNDING COMMUNITIES AND LIST DISTANCES OVBK PAVED AND UNPAVED ROADS TO THE SUBDIVISION. • Name of Community Glenwood Springs Aspen Grand Junction Denver Population (Source:. 1970 Census) 4,106 2,404 20,170 514, 678 Distance Over Paved Roads 3. 5 35.4 93.0 170.7 Distance Over Unpaved Roads Total .4 . 4 . 4 . 4 3.9 35.8 93.4 171.1 4. IF PERIODIC PAYMENTS ARE TO BE MADE BY A BUYER (AS IN THE CASE OF INSTALLMENT SALES CONTRACTS) COMPLETE ALL ITEMS UNDER THIS PARAGRAPH 4. IF NOT, ENTER "NOT APPLICABLE." Periodic payments are not to be made by a buyer as in the case of installment sales contracts. However, a deposit is required at the time of signing of a sales agreement and, if a buyer finances a part of the pur- chase price, periodic payments will have to be made after closing and conveyance of title to a buyer under a note and deed of trust given by the buyer for the portion of the purchase price to be financed. (A) WILL THE SALES CONTRACT BE RECORDABLE? Yes. (B) INTHE ABSENCE OF CREDITORS OR OTHERS ACQUIRE ANY OBLIGATION TO DELIVER A PAYMENT HAS BEEN MADE UNDER Yes. IF YES, EXPLAIN. RECORDING, COULD THE DEVELOPER'S TITLE TO THE PROPERTY FREE OF DEED TO THE BUYER WHEN FINAL THE SALES CONTRACT? This is so because, under the Colorado recording statute, Section 118-6-9 C.R.S. '63, no instrument affecting title to real property, such as a sales contract, is valid as against any class of persons with any kind of rights, except the parties thereto, and such as have notice thereof, until the same is deposited with the recorder of the county where such real property is s ituated. A buyer is exposed to the risk of losing his deposit and any other payments made in the event of developer's failure or bankruptcy prior to closing and conveyance of title to the buyer. (C) WHAT PROVISION, IF ANY, HAS BEEN MADE FOR REFUNDS IF BUYER DEFAULTS; None. A buyer, under the sales contract, under any deed of trust, could lose all payments made, if the buyer defaults. (D) STATE PREPAYMENT PENALTIES OR PRIVILEGES, IF ANY. There are no penalties. Buyer is entitled to prepay - 2- • • the purchase price, including any portion thereof financed under a note and deed of trust to developer, without penalty. 5. IS THERE A BLANKET MORTGAGE OR OTHER LIEN ON THE SUBDIVISION OR PORTION THEREOF IN WHICH THE SUBJECT PROPERTY IS LOCATED? Yes. IF YES, LIST BELOW AND DESCRIBE ARRANGEMENT, IF ANY FOR PROTECTING INTERESTS OF THE BUYER IF THE DEVELOPER DEFAULTS IN PAYMENT OF THE LIEN OBLIGATION. IF THERE IS SUCH A BLANKET LIEN, DESCRIBE ARRANGEMENTS FOR RELEASE TO A BUYER OF INDIVISUAL LOTS WHEN THE FULL PURCHASE PRICE IS PAID. IN Type of Lien Deed of trust securing a remain- ing principal balance outstand- ing of $127,000.00, recorded in Book 421 at page 251 of the Garfield County, Colorado, Clerk and Recorder. Effect on buyer if developer defaults If developer failed to release a buyer's lot from the lien prior to conveyance of the lot to a buyer, developer would be unable to convey clear title to the buyer as required under the sales contract. In the event such lien were foreclosed prior to conveyance of a lot by the developer to a buyer, or if such lien were foreclosed after conveyance of a lot by developer to a buyer, the buyer would be divested of all title and owner- ship in such lot. If the blanket mortgage were to be foreclosed against the developer, the holder of the mortgage would not be obligated to perform the sales contract with the buyer. No escrow or other special arrangements exist for protecting the interests of the buyer if developer defaults in payment of lien obligatipn. Developer intends to obtain a partial release of individual lots in Westbank Ranch Planned Development Subdivision, Filing No. 1 prior to conveying that lot in the sub- division. There are no special arrangements to protect the interests of the buyer if this does not occur. 6. DOES THE OFFERING CONTEMPLATE LEASES OF THE PROPERTY ADDITION TO, OR AS DISTINGUISHED FROM, SALES? No. 7. IS BUYER TO PAY TAXES, SPECIAL ASSESSMENTS, OR TO MAKE PAYMENTS OF ANY KIND FOR THE MAINTENANCE OF COMMON FACILITIES IN THE SUBDIVISION (A) BEFORE TAKING TITLE OR (B) AFTER TAKING TITLE? IF EITHER ANSWER IS YES, COMPLETE THE SCHEDULE BELOW. puyer is not to make such payments bafore taking title. Buyer is to make such payments after taking title as follows: • • Taxes Special Assessments Payments to Property Owners Association Approximate Amount of Buyer's Annual Payments Consult Local Taxing Authorities. Consult Local Taxing Authorities. Nothing until such time. as the Property Owners Association is formed and acquires title to the common area. Other None 8. (A) WILL BUYER'S DOWN PAYMENT AND INSTALLMENT PAYMENTS B$ PLACED IN ESCROW OR OTHERWISE SET ASIDE? No. IF NOT, WILL TITLE BE HELD IN TRUST OR IN ESCROW? No. (B) EXCEPT FOR THOSE PROPERTY RESERVATIONS WHICH LAND DEVELOPERS COMMONLY CONVEY OR DEDICATE TO LOCAL BODIES OR PUBLIC UTILITIES FOR THE PURPOSE OF BRINGING PUBLIC SERVICES TO THE LAND BEING DEVELOPED, WILL BUYER RECEIVE A DEED FREE OF EXCEPTIONS? No. IF NO, LIST ALL RESTRICTIONS, EASEMENTS, CONVENANTS, RESERVATIONS AND THEIR EFFECT UPON BUYER. United States patent containing reservation for ditches and canals constructed by authority of the United States and reserving uranium, thorium and other fissionable minerals to the United States, together with the right to enter upon the property to explore, mine and remove the same, recorded in Book 319 at Page 319 of the records of Garfield County, Colorado. The effect to this U. S. Patent reservation is that the United States government may construct or permit to be constructed ditches and canals through the subdivision in connection with accrued water rights for agricultural, mining, manufacturing or other purposes. The United States government has also reserved minerals essential for manufacture of fissionable materials and the right to enter upon the subdivision to mine and remove same. Warranty Deed containing mineral reservation by John C. Rigney and Phil T. Rigney to one-half an undivided interest in and to all gas, oil and minerals under -lying all lots in the subdivision, • 1 permitting entrance upon the property to explore for, drill, mine and remove such gas, oil and minerals, but agreeing to pay for all surface damage. Said deed is recorded in Book 254 at Page 556 of the records of Garfield County, Colorado. The effect of this reservation is to permit the reservers of their nominees to enter the subdivision to mine or drill, but the reservers agree to protect and pay for damage to the surface. Warranty deed containing mineral reservation by Harold L. Gambrel and Helen Rigney Gambrel to an undivided one- fourth interest in and to all oil, gas, hydro -carbons and minerals in, on or under all lots in the subdivision, per- mitting entrance upon the property to explore, drill, mine and remove same, but agreeing to pay for all surface damage in connection therewith. Said deed is recorded in Book 320 at Page 400 of the records of Garfield County, Colorado. The deed to a lot from the developer will except all oil, gas, and other minerals and all water rights, if any, asso- ciated with the property. Grant of Right of Way and Easement 50 feed in width to Rocky Mountain Natural Gas Company for the construction, maintenance, and operation of its pipelines and appurte- nances, over, under and across the subdivision, recorded in Book 337 at Page 255 of the records of Garfield County, Colorado. Affects Lots 23 thru 32 of the subdivision. The effect of this Right of Way and Easement is to permit Rocky Mountain Natural Gas Company to enter the above specified lots for the purposes enumerated in the easement. United States patents containing reservations for ditches and canals constructed by authority of the United States and permitting the owner of a mining vein or lode to enter the subject property and remove ore should the same intersect or penetrate the subject property, recorded in Book 14 at Page 414, Book 12 at Page 507, Book 12 at Page 508, Book 9 at Page 326 and Book 12 at Page 577 of the records of Garfield County, Colorado. The effect of this reservation is that the United States government may con- struct or permit to be constructed ditches and canals through the subdivision in connection with accrued water rights for agricultural, mining, manufacturing or other purposes and would permit the owner of a mining claim (vein or lode) to remove ore from the subject property if an extension of this ode or vein were found to intersect or penetrate the subject property. Affect all lots. Right of Way Easement to the Public Service Company of Colorado, 100 feet in width, for the construction, operation and maintenance of its conductors for the purpose of transmission of electricity and appurtenances, recorded in Book 321 at Page 502 of the records of Garfield County, Colorado. Affects Lots 30 thru 32 of the subdivision. The effect of this is to permit the Public Service Company of Colorado to enter the above specified lots for the purpose enumerated in the easement and construct and maintain electric transmission facilities thereon. -5- • • The Covenants for Westbank Ranch Planned Development Subdivision as amended by the First Amendment thereto Filing No. 1 in summary: (i) provide that each lot shall be kept as near as may be in its natural state and shall be used exclusively for residential living purposes and shall be improved only with single-family residences and set back from lot lines the distance as specified therein and located on prescribed building lines; (ii) architectural features; (iii) restrict subdivision of property, business or commer- cial activity, occupancy, noxious or offensive activity, hazardotis activities, unsighliness, annoying lights, sounds or odors, temporary structures, animals, signs, mining or drilling, sanitations; (iv) reserve rights in the developer to enter any property to clear the property or in connection with installation of utilities, roads or other development in the area; (v) require maintenance and care of property and approval by a design committee of all construction or any change in or to property; (vi) require membership in West - Bank Ranch Homeowners Association and payment of assessments to the Association to cover the costs and expenses of the Association and provide for a lien in the event of nonpay- ment of assessments to the Association; (vii) provide that each provision of the Protective Covenants shall be a per- sonal covenant of each lot owner, a real covenant running with title to each lot, a covenant secured by a lien on each lot, a covenant secured by a lien on each lot; and (viii) provide that the provisions of Protective Covenants are enforceable by injunction or suit for damages. Right of Way for electrical lines in place of Holy Cross Electric Association as the same now exist in place as are shown on the recorded subdivision plat (See Exhibit IV -F-1). There is no recorded easement for these lines. They affect Lots 4 and 5 and Lots 17 through 22 of the sub- division. The effect of this is to permit Holy Cross Elec- tric Association to enter the above specified lots for the purpose of maintenance of their existing electric trans- mission lines. The plat of Westbank Ranch Planned Development Sub- division, Filing No. 1 creates easement for ditch, drainage and water carriage purposes across certain areas in the subdivision. (C) LIST ALL PERMISSABLE USES OF THE PROPERTY BASED UPON LOCAL ZONING ORDINANCES. Residential only. (D) LIST ALL EXISTING OR PROPOSED UNUSUAL CONDITIONS RELATING TO THE LOCATION OF THE SUBDIVISION AND TO NOISE, SAFETY OR OTHER NUISANCES WHICH AFFECT OR MIGHT AFFECT THE SUBDIVISION. There is an existing gravel pit crushing operation located approximately 400 yards to the north of Lots 9 thru 14 across the Roaring Fork River which creates an occasional noise nuisance. 9. (A) LIST ALL RECREATIONAL FACILITIES CURRENTLY AVAILABLE (E.G., TELEVISION, SPORTS, BEACHES, ETC.) STATE ANY COSTS OF ASSESSMENTS TO BUYER. Common areas and Greenbelt Easement or Areas - 6- • • in the Westbank Ranch area which are subject to the Protective Covenants are usable by buyers of lots in Westbank Ranch. The costs to a buyer of maintenance and operation of common areas are covered by the payments to the Westbank Ranch Homeowners Association referred to in 7 above. Skiing is available at Sunlight Ski Area at rates set by the operator thereof. The ski area is approximately eighteen miles from the subdd.vi- s ion. Restaurants, bars, dancing and entertainment are available in Glenwood Springs, Colorado, at costs set by the owners of these facilities. Fishing, swimming, camping, hiking, mountain climbing and similar outdoor activities are available near the area at no cost. Movie theaters are available in Glenwood Springs, Colorado, at customary costs for movie entertain- ment. Horseback riding, hayrack rides, jeeping, ski- mobiling, miniature golf, golf, etc., are avail- able near the area at costs set by the operators of these activities. Marginal television reception is available to the lots at the present time. Adequate television reception for the subdivision will require install- ation of a television booster, translator or cable system in the area and this could result in recep- tion cost to lot owners. No meaningful estimate of adequate television reception cost to a user can be made until a television booster, translator or cable system exists in the area. (B) IF FACILITIES ARE PROPOSED OR PARTLY COM- PLETED STATE PROMISED COMPLETION DATE, PROVISIONS TO INSURE COMPLETION, AND ALL ESTIMATED COST OR ASSESSMENTS TO BUYER. Golf facilities are under construction adjacent to this offering and scheduled for completion in July, 1972. Developer will operate and maintain the facility as a public golf course until such time as it conveys the facility and common area to the property owners Association as specified in Paragraph 7 of the Sales Contract. Upon acquiring title to the common area it will be up to a maj- ority vote of the Property Owners Association as to how the facility will be operated thereafter. Therefore, it is not possible at this time to determine costs or assessments to be made by in- dividual property owners. There will be no charge to property owners for the construction of the facility nor will there be any assessments to them -7- • 1 prior to the property owners Association acquiring title to the facility. 10. STATE WHETHER THE FOLLOWING ARE NOW AVAILABLE IN THE SUBDIVISION: GARBAGE AND TRASH COLLECTION, SEWAGE DIS- POSAL, PAVED STREETS, ELECTRICITY, GAS, WATER, TELEPHONE. IF YES, STATE ANY ESTIMATED COSTS TO BUYER. IF PROPOSED OR PARTLY COMPLETED, STATE PROMISED COMPLETION DATE, PROVISIONS TO INSURE COMPLETION AND GIVE ESTIMATE OF ALL COSTS INCLUD- ING MAINTENANCE COSTS TO BUYER. Garbage and trash collection is now available in the subdivision for an estimated cost of $3.50 per month. The Developer will not provide sewage disposal or treatment facilities. Sewage disposal and treatment will be the responsibility of indivi- dual lot owners by septic tanks to be installed at the lot owners cost. The estimated cost to each lot owner will be from $850.00 to $2,000.00 depending on the size and quality of the system installed. Sewage disposal or treatment facili- ties must be completed by individual lot owner be- fore occupancy of an improvement on his lot. Paved streets are not presently available in the subdivision. The roads in the subdivision are graded and gravel surfaced. Maintenance of public roads in the subdivision will be done by Garfield County at no cost to a buyer. Overhead electrical service is available for a $5.00 membership fee in the Holy Cross Electric Association, Inc., and a $5.00 connection charge and with monthly rates dependent upon usage. Natural gas is available. Monthly charges are based upon usage and no tap fee is charged. Water is available. Monthly charges are based upon usage and no tap fee is charged. Telephone service is available. Monthly charges are based upon usage and no tap fee is charged. 11. WILL THE WATER SUPPLY BE ADEQUATE TO SERVE THE ANTICIPATED POPULATION OF THE AREA? Yes. 12. IS ANY DRAINAGE OF SURFACE WATER, OR USE OF FILL NECESSARY TO MAKE LOTS SUITABLE FOR CONSTRUCTION OF A ONE STORY RESIDENTIAL STRUCTURE? No. 13. STATE WHETHER ANY OF THE FOLLOWING ARE CURRENTLY -8- AVAILABLE IN THE SUBDIVISION: SCHOOLS, MEDICAL FACILITIES (HOSPITALS, DOCTORS, DENTISTS): SHOPPING FACILITIES. No such facilities are currently available in the subdivision. LIST AVAILABILITY OF PUBLIC TRANSPORTATION TO, AND DISTANCE OF FACILITY FROM GEOGRAPHICAL CENTER OF SUB- DIVISION. There is no public transportation to any of the foregoing facilities. The nearest schools, medical facilities and shopping facilities are approximately 4.95 road miles from the subdiv- ision. IF FACILITY IS PROPOSED OR PARTLY COMPLETED, STATE PROMISED COMPLETION DATE AND ANY k OVISIONS TO INSURE COMPLETION. No such facilities are proposed or partly completed. 14. APPROXIMATELY HOW MANY HOMES WERE OCCUPIED AS OF MAY 8, 1972? Three. 15. STATE ELEVATION OF THE HIGHEST AND LOWEST LOTS IN THE SUBDIVISION AND BRIEFLY DESCRIBE TOPOGRAPHY AND PHYSICAL CHARACTERISTICS OF THE PKOPERTY. The highest elevation in the subdivision is approximately 6,100 feet above sea level and the lowest elevation in the subdivision is app- roximately 5,900 feet above sea level. The general topography of the subdivision is pri- marily gentle meadow (75%) of subdivision and steep, wooded terrain of relatively even slope. Natural grades range from 0% to 30%. Natural grades on the portions of lots suitable for building range from 0% to 5%. The soil is alluvial flood plain and decomposed shale and sandstone, covered in the main by native grasses with some juniper, pinon, cedar and spruce trees. (B) STATE IN INCHES THE AVERAGE ANNUAL RAINFALL AND, IF APPLICABLE, THE AVERAGE ANNUAL SNOWFALL FOR THE SUBDIVISION OR THE AREA IN WHICH IT IS LOCATED. The annual average total precipitation is 16.12 inches. The average annual snowfall is 78.5 inches. (C) STATE TEMPERATURE RANGES FOR SUMMER AND WINTEIR., INCLUDING HIGHq, LOWS AND MEANS. Summer temperatures range from a high of about 98 degrees above zero to a low of about 30 degrees above zero, with a mean temperature of about 68 degrees above zero. Winter tempera- tures range from a high of about 60 degrees above zero to a low of about 26 degrees below zero, with a mean temperature of about 26 degrees above zero. -9- • 16. WILL ANY SUBSURFACE IMPROVEMENT, OR SPECIAL FOUNDATION WORK BE NECESSARY TO CONSTRUCT ONE STORY RESI- DENTIAL OR COMMERCIAL STRUCTURES ON THE LAND? No. 17. ARE ALL LOTS AND COMMON FACILITIES LEGALLY ACCESSIBLE BY PUBLIC ROAD OR STREET? No. Lot 21 and the Greenbelt Easement area within the subdivision are accessible by means of easements set forth on the recorded subdivision plat. 18. HAS LAND IN THE SUBDIVISION BEEN PLATTED OF RECORD? Yes. 19. ARE LOTS STAKED OR MARKED SO THAT BUYER CAN LOCATE HIS LOT? Yes. 20. STATE WHETHER THE DEVELOPER HAS EXPERIENCED AN OPERATING LOSS OR DEFICIT. Yes. IF SO, THE PURCHASER'S ATTENTION IS CALLED TO THOSE ITEMS OF THE PROPERTY REPORT WHERE IN THE DEVELOPER MAY HAVE PROMISED TO COMPLETE CERTAIN FACILITIESVD/ OR TO DISCHARGE FINANCIAL OBLIGATIONS. • GARFIELD COUNTY 411 ENVIRONMENTAL HEALTH GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE PHONE 945-7255 Larry Schmueser Planning and Zoning 2014 Blake Glenwood Springs, Colorado Dear Mr. Schmueser, After review of filing #3 of West Bank subdivision, it is our determination that all lot sizes are substantially less than two acres. Therefore they must provide central collection as defined by Section 2.02.13 of the Garfield County Zoning Regulations in order to comply with Section 4.04.05 (paragraph #1) of said document. Since these facilities have already been provided for in filing #1, we foresee no appreciable problems or hardships in filing #3. It should be noted that a change in Article 13 of the Protective Covenants will be needed to reflect the provisions of the above mentioned facilities, and reference to cesspools and septic tanks should be stricken since such references would be misleading . Sincerely, Lamont Kinkade, R.P.S. Garfield County Department of Environmental Health LK; jb 99 100 f ILL 0UNIY V,1EST6ANg RP4'1GH — SEE rI NAL PLAT_ SUBDIVISION NAME TOWNSHIP RANGE SECTION ED 97 90 95 So i' T TO 102 1 CRA 1D —VALLEW 4.1 t 87 il 1 / ii:_ 1 i I 2: 94 93 92ID e. n UI D2_11\ 2 I 1 fi� v� mI / [2 - 1 HEY: CRTLE 1IFLE ( S:-E'irl:SD 101 100 97 96 95 94 9S 92 5 10 tO 30 99 98 NORTH SCALE Itl ;.ALES £1 £0 S: E: t 7 8S