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ST, FINNBARR FARIVI P.U.D,
GARF I ELD COUNTY,, COLORADO
OWNER:
JACK JENKINS
CARBONDALE/ COLORADO
PLANN I NG :
THE LAND DESIGN PARTNERSHIP
G LENWOOD S PR I NG S., COLORADO
CIVIL ENGINEERS:
ELDORADO ENGINEERING COMPANY
GLENWOOD SPRINGS, COLORADO
SO I LS/GEOLOGY:
LINCOLN DEVORE
GLENWOOD SPRINGS/ COLORADO
DATE:
APRIL 9,
REVISED
REVISED
REVISED
REVISED
L97 9
JULY L6, 1979
JULY 30, tg79
AUGUST 20, t97g
SEPTEMBER f0, 7g7g
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TABLE OF CONTENTS
LETTER OF APPLICATION
OWNERSHIP STATEMENT
VICINITY MAP
SITE CHARACTER
P, U,D. CONCEPT/OBJECTIVES
P,U.D. ZONE REGULATIONS
AREA AND ACREAGE SUMMARY
SUPPLEMENTAL INFORMATION
COVENANTS
SCHOOL DEDICATION
PHAS I NG
ENGINEER STATEMENTS
UTI LITI ES/DRAINAGE
WATER RIGHTS
SOI LS/GEOLOGY
LEGAL BOUNDARY DESCRIPTION
PROPERTY OWNERS WITHIN 3OO'
MAPS
EXISTING SITE PLANP,U,D. SITE PLAN
SCHEMATIC UTILITY PLAN
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t:
April 9, 1979
Board of CountY Commissioners
Garfield CountY, Colorado
P.O. Box 640
Glenwood Springs, CO 81601
RE: St. Finnbarr Farm P-U.D- Application
Gentlemen:
I present the herewith material-s in support of a
P.U.D. zone change on the St- Finnbarr property
and request your consideration and ultirnate approval
of the P.U.D.
On behalf of myself and the design team whj-ch
has assisted in the preparation of this infor-
mation, I offer our full cooperation to you and
the county staff in processing the applic;rtion'
Thank you for your attention to this matter'
Sincerely,
r.-
' !,:.;, !/ t ,-,-. i.rt- it<).,L--;- L'-.'-\ri/y,r/ 1Jack rJenkins '-
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TELEPHONE 575-BOOO
AREA CODE 3O3
HoLLAND a H-q.nr
ATTORNEYS AT LAW
555 SEVENTEENTH STREET
SUIT€ 29OO
DENVER. COLORADO
MAILING ADDFESS I
P O BOX 8749
OENVER, COLORADO AO2O I
PLEASE REPLY TO:
434 E COOPER STREET. ASPEN, COLORADO AI61 I
TELEPHONE 923.34'76 AREA CODE 3O3
April 6, 1979
CABLE ADDRESS
HOLHART, DENVER
TELECOPTER {303) 575-426 1
Board of County Commissioners
For Garfield County
O Garfield County Courthouse
Glenwood Springs, Colorado 81601
Dear Commissioners:
On behalf of Jack Jenkins, I am writing t'o advise you of
O the status of the ownership of the property which is the sub-ject of his proposed P.U.D.
With respect to the status of the ownership of the property,
the record title owner is Gertrude L. Janney. She has a general
warranty deed to the property which was recorded on April '7,
O L969 r a.s Reception No. 2431L2 in Book 401 at Page 23 of theGarfield County records. A copy of the deed as recorded isattached. Mr. Jenkins has contracted with Ms. Janney to
purchase all of said property.
I trust this satisfies your requirements. If you have anyO questions, I will be more than h.ppy to discuss tfrem with you.
Sincerely,
ARTHUR B. FERGUSON. JR
(303) 925-3476
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ABF/b
- Enclosureo
cc: Jack Jenkins
Ron Liston
\._\ _. ;t 1
aithur B. Fergi:son, '.rr.
for Hol-land & Hart
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LANDOWNER' S CONSENT TO REZONING
TO: The Board of County Commissioners
of the Cortty of Girfietd' State of Colorado
Theundersigned,TrudiPeet,formerlyknownaSGertrude
L. Janney, also known aS Gertrude Lamborn Peet, is the record
ownerofthepropertydescribedonExhibitAhereto'which
propertyissometimescalledSt.FinnbarrFarm.Theproperty
is under option to Jack Jenkins who has pending before you
an application for rezoning and subd'ivision P'u'D' approval'
I hereby consent to the rezoning of St' Finnbarr Farm as
requested in the application filed by Mr' Jenkins and any
amendments thereto.
Dated : Augus L l= , Lg7 g
-"---=-
Gertrude L. Janney,
as Gertrude Lamborn
known
alson
Peet
AS
known
(',i, ,'-Q1
LT,GAL UESCP,] PT I OI'i :
A tract of I and s i tua ie i it
lrlest of the oth PrinciPal
crit,ed as fcllows:
Beginn'ing ai a point on the existing-::':l:tl"iqht-cf-r'uv fl?tl,]:"'
of coiora,jc sta'.e rliEnvray ilc. 132 wrrence the nor"hwest corner oI Sa'lo
Sect.ion 3l bears ii jb. .15.]d..,,j 79(,.6.J f3el; titence S 79.55.30,'E
lgdz.94 feet aiong saio existir,g ror:.".iy riSnt-cf-way fence ijne of
Colorado S'"aie ltshvrav iio' t2 t; i poini ;1 tie v'es:tt1i-:::"iurv i ine
of a parcel cf lar-rC tescilib,ec r.ore particulariy as qxleltl!! "A"'in
Recepti on ilo. 2:'3l l2 of the .u.l.Cs'cf :l^'e Cl eiX and Rtccrier's cf f i ce
Garf.ieltl Ccuni;r, Ccloracol:ti... S i0" 30'5a" ii .134'.15 f=et alcni
said vrester l;; !ou:)G,li^y I i ne ,i a*..p,1o, "A" of Recept'ion i'C ' 2431l2
to tlre soltnerl-v'-t'iur,Cary I ine of said Ixceplicn "A" of R'ecep:ion
iio. 243111;:i,ence S 7>" ;4' ,2" i'i:7 '2v teet llcng said sou'-neri.l'
bouncarl, ri:,e oi-ix.ceptic,r "A; of iieceptiotr.;lc. 2'131.i2 io a p'o'ir':
orr tiie e.r.i stir',1 ,.esierilr illg;:"-of -way f ence'-l j'''la of a co'rlity rc;j3;
thence along saic exisi:n9 h'cs;eri1'r'lgnL-ot-v;a-v fence lir'e 'Lt-'e
follcvrit)e ccrrses: S ui" ll' Z9''i;'i?i'"4 fee:; :"i'ence S t'lo 55'
29,,!,1 11i.7r fce:; !.e,ce S li" ?7'27"'i; lcOi.l3 feet;',,hence
leaving sa'to exrrii,,3 res;elli r-'l(-:nt-or-uay ferce line S 2i" lC'
24" 'ri aO.ra fee-,; ".,6"ce
S lo: 34i ':i" :{ a)'l5 f::t "o a ;cir't' crl
the cen..er oi ar.i koaring iorr. F.ti'::'; !hence aIc;i'i :ar! cen:er cf
the Roarin3 Fcrx River :ie f:ll1.rjn3 corrses: ;i aao a7' "iC" il
5b.79 f eeil ii,3t:ce il b3" ai' - i" ;i -1j 9.32 f :e: ; :ience ll 6rJ' :C'
lA,' ,,i 203. jg feel; tr:r:ce ;i 7i' 33' 2.l" ii 'i-i2.C? f eet-; inence .i i1o
Section 3l , TcrvnshiP
iieridiart ' being nrcre
7 Sou th , P.ange B7
partjcularlY des-
?3' 2i" ',i 251 .?Z fcei; ".nence ,i i7" 4l' .I9" ;; 123'.l6 fcei; :'-'ence
il 8Uo 3J' j5";,1 -i;c..i2 f:.:[;'.ience:i tr5':i' 25":i 'i2C.j5 f=e'-'-o
the easL iine of Lo: i1 in saii: S=c'-icn 3l;
";ence
i' Li" 33' C;" 'i
'?3J.'cA feet ;lc:rl sa'io east l'ir,e et Lo: 'i'i '.c i:e so'rE;'l l'ir'e cf L::
l3 of saio Sect;on :l; i:,3'rce S ;-!" 3i' ':C" :j 299'i'9 fee: aior3 s:tc
Sou:n line cf Lct l3 tc,--:e sciixwesi, ccrr:er of sa'ic Lo: l3.rlsc
beillg a pcirlt on '-;s v;e5'- I ine o; sa'lc Seciicn 3l , t'nen'ce li Jl' lC'
33" E i?73.91 feei al;nc saic v;eSt lin: of Sec'-icn 3l i.3 :,-.e SC,i:n
lirre of Lot i7 cr saiC 3:c;ion 3l; :ieice;l 6J' ll' C7":'i7l.13
feet aicn3 saic scu:n I tre of Lc! ti :-c i'-'e sou:ire3st ccrner of
saici Lot l7; tner;ce i, iu" Cc' la" E 17ie .72 f ee'- aicn5 :'re eas:
iine of saicl Loi l7 to ii,B potnL of beginning, coirtaining \4J.
518 acres more or less.
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SITE CHARACTER
The st- Finnbarr Farm F.u.D. site is located in thesouthwest quadrant of the intersection of colorado stateHighway 82 and Garfield county Road 100. eounded by theRoaring Fork River on the south, the Ranch at RoaringFork on the west and Highway 82 and County Road 100 onthe north and east respectively, the site containsapproximately 143 acres.
Approximately forty acres is in pasture l-and in the northernportion of the site with the rernaj.ning one hundred acresin mixed meadows and tree cover on a lower terrace to thesouth. This area is bisected by a stream diversion fromthe _Roaring Fork River which is characterized by beaverponds, water fowl, abundant song birds and occaiionalmule dear - vegetation in this area consists of standsof cottonwood and occasionar grouplngs of ponderosa pine.with heavy masses of alder, dogwood, wilrow and othermoisture desiring plants along the waterways. A largeportion of the lower terrace is in the r00 vear floodplain
rmprovements on the site consist of a larger indoorriding arena and at'tached stables, a haybarn, two ranchresidences and outdoor arena and fences. The site iszoned Agricultural/Residential/Rura1 Density and' ispresently being used as an aquestrian center.
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DESIGN CONCEPT/OBJECTIVES
The St. Finnbarr Farm concept for development has been entirely
stimulated by the natural character of the site and the existing
eguestrian facilities at the farm. The extensive investment in
the excellent indoor and outdoor riding areana, stable facilities
and the natural terrain for the creation of a unigue eguestrian
cross country jump course provides the basis for the justifiable
preservation of a large portion of the site in open space. In
turn, the equestrian activities create a highly desirable visual
amenity, which, when combined with the natural qualities of the
site, generate a setting for residential dwellings that is un-
paralleled in Northwestern Colorado. When these elements were
to.r=idered along with the apparent demand for such equestrian
activities "= pior"n by the- users of the existing facilities
and the income levels of the people interested in this type of
setting, the concept for St. Finnbarr Farm P.U.D. began to take
f orm.
The entrance to St. Finnbarr Farm P.U.D. will be from County
Road 100 at a point approximately half way between the Blue
Creek crossing and the bridge over the Roaring Fork River' The
entry road witl be a parkway type cross section with two one-way
drivLs separated by a- landslaped median. Within six hundred
feet this parkway intersects the main P.U.D. access road which
makes a large fo6p through the southern tree covered portion of
the site crossing numerous waterways and returning along the
southern edge of the large open pastures to the north.
Two major types of housing are proposed to be served by the
loop r6ad. -tlusters of singte-iamily, two-family and three-
f;iIy dwellings will be lolated generally in the large south-
eastern area of the site. The ,trit= will be integrated with
each other and sited to take maximum advantage of the streams
and ponds, open meadows and tree masses existing in this area'
The clusters will be separated by open space areas devoted to
horse pasture and equesirian trails end jumps. Equestrian
jumps iiff provide i, exciting addition to the view from a
irajlrity of the dwelling uniti. The mix of one, two and three-
i;ii1t 'dwellings was chosen to provide architectural diversity
withi-n the cluiters as well as to allow maximum response to
the dictates of the vegetation and terrain of the site'
Highest priority wil-I be given to the optimum siting of the
dwelling units by not requiring vehicular parking to be attached
to the dwelling -units. earkin! for most cluster housing units
will be located in cornmon garag"s and parking bays which are
removed from the units. ttis ,irr additionally atlow flexibility
in integrating vehicular services into the site with minimum
impact.
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Each cluster r,vi1I be oriented around or along a conrmon area be-
tween the arueiiing units and the vehicular storage areas ' This
commons area will be intensely landscaped and maintained by the
Homeowners Association. An exception to this coflImonS area concept
may occur along the Roaring Fork River. frontage where dwelling
units may be oiiented in u'li.,".t fashion to the river' In this
area the,,commons" may be much smaller and be shared by fewer
dwelting units. Private outdoor spaces.will be associated with
each dwelling unit but they will b'e small with Iimited maintenance
demands. Each cluster "o*iI"* will be fenced from the open space
pasture areas.
Along the westerly and northerly portion of the loop road will be
located a =i.rgi.-?amiIy district. Here are proposed somewhat large
single-family-dwellingi then wilI be seen in the cluster housing
district. All units witl be l0cated to command an overview of
waterways an for pastures -.ra-pti"ate lawn area wilI stiII be
limited in size. Ir[ost dwellings will have direct vehicular access
and some units may utilize a conmon service drive for two or three
closelY grouPed residences '
A four to five acre area in the northeast corner of the site (ad-
jacent to the catherine store) wiII be designated.comrnercr-a]-/
Entertainment oi=tti"t for the purpose of developing a restaurant
and athletic club complex which is supportive of the existing and
expanding .q,.r"-tiian -activiti"= at th-e-r'arm. A restaurant with
outdoor dining patio, tennis courts, swimming poo1, racquetball
courts, exercise rooms and locker facilities and similar recre-
ationar activities witl create an "equestrian country c1ub" type
complex.netai-rsalesor.q,,u=triantackandathleticsuppliesincidental to the on site rJcreational activities would be antic-
ipated along with necess"ty-*"""gtT:l:-""d real estate sales ac-
tivities necessary to the implementation of al" ,-^Y,o' Access to
thisdistrietwitlbefromt.wopointsonCountyRoadl00.
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The Common Open Space District surrounding the residential
districts will be owned. and maintained by the homeowners
association. The remai-ning areas of the site not designated
as Residential/Single-Family District, Residenti al/Cluster
Housing District, Commerical/Entertainment District or Colirrnon
Open Space District wilI be classified as Agricultural District.
ffris district a11ows for agricultural equestrian and recre-
ational activities. The large pastures along Highway 82 are
included in this district thereby preserving the present open
space character along 82. The Agricultural District areas
will remain in private ownership with the St. Finnbarr Farm
home owners association owning -and maintaining the access road
and common areas within the Residential/single Family and
Residential/cluster Housing Districts, ds well as the Common
open space District. In .dditio., to the zoning controls here-
in established, binding covenants will assure the relationship
between the home owners association and the holder of the
agii-c"rtura1 1ands. The Agricultural District will addition-
,ify be bound by deed restiictions to preserve the visual
open space qo..,iity of the district for the benefit of the
St. Finnbarr residents as well as the general public'
A11 areas of the P.u.D. will- be served by central water and
sewage disposal by connecting into the Ranch at Roaring Fork
systems. p."ii*ii-r.=y discusiions are underway to establish
the conditions of =,rlr, a joint use. Additional wel1s will be
drilled at st. Finnbarr to provide its necessary domestic water'
This water will be protected by abundant early priority water
rights which rr" ptl"ently attlched to the St. Finnbarr Farm'
If a joint utility system can not be arranged with the Ranch
at Roaring Fork, separate water and sewage systems will be
developed bY St. Finnbarr.
The st. Finnbarr Farm P.U.D. satisfies a series of sound
planning concepts from the County's standpoints '
1. Convenient vehicular access I/4 mile
i.o. Highway 82 at a channetized in-
tersection and miles from commerical
services at Carbondale.
2. It places new development adjacent to
exiiting development with the joint
utilization of utilitY sYstems'
3. It preserves the natural character and
agricultural uses of the site' The
general Public will continue to
6enefit irom the visual and open space
quality of the site much as it does now'
4.TheP.U.D.continuesanopenspaceconcept
along the Roaring Fork niver first established
by the Ranch at Roaring Fork.and hopefully
to be continued by other proj ects and com-
munities in the future'
A clustering concept is utilized so as
to avoid the rural sprawl appearance.
The eguestrian club and cross country
jurnp course is a clean commercial industry
,ni-tf, will be a positive economic activity
for the area.
The character of the project and its location
will combine to provide high tax revenues to
the county with the minimum possible impacts
on county services for a project of this size'
In sunmary, St. Finnbarr Earm
ative impacts while Preserving
unique site to the benefit of
P.U.D. will create minimal neg-
the natural character of a
the public.
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P.U.D, PLAN
ST. FfiNNtsAffiR HAffiM
PLANNiNG
LAND DESIGN PARTNERSI-]IP
CIVIL ENGINEERING
ELDORADO ENGiNEEHING CO.
SOILS & GEOLOGY
LINCOLN. DEVORECARBONDALE, COLORADO
o ST.FINNBARRFARI\,IP.U.D.ZoNEDISTRICTREGULATIoNS
Section I.
A.
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To carry out the purposes and provisions of the
Garfield County zoning Resolution, Garfield Countyr
Colorado; and, particularly Section 1'00 of that
title, dS amendld, the St' Finnbarr Farm Planned
UnitDevelopmentZoningDistrictisfurtherdividedinto the following Zone District classifications:
R/s . F.
R/C.H.
c. /8.
c/o.s.
A
Resident tal/Single Family District
Resident iaL/Cluster Housing District
Commer cial/Entertainment District
-- Common/OPen SPace District
-- Agricultural District
B.The boundaries of these Districts shal1 be located
as shown on the St- Finnbarr Farm P'U'D' Plan and
shall be governed in conformity with the hereinafter
contained regulations'
A. Uses, bY right.
Single-family dwelling and customary accessory
used i""f"ai"g buildings for shelter of enclosure
of small animils or property accessory to use
of the lot for single-family residential purposes
and fences, hedges, gardens' walls and similar
SectionII.R/S.F.Resident:a1/SingleFamilyDistrict
B.
landscaPe features.
Park, Greenbelt and OPen SPaces'
Uses, conditional
I{astewater treatment P1ant.
Uses, special.
None
Minimum Lot Area.
C.
D
80 percent
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F.
G
H
Minimum Setback
Setback from the
Setback from the
Setback from aI1
P.U.D. District BoundarY 30 feet
centerline of roaCwaY 60 feet
Iot lines ro feet
Maximum Building Height.
25 feet
Parking.
Four (4) parking spaces shall be required on the
same 1ot ior each dwel-Iing unit or one (I) space
per 600 square feet of floor area, whichever is
greater.
Section III. R./C.H. Resj-dentl.al/Cluster Housing District
A. !:S_=_:_ ly_gfg$.
Single-family dwelting, two-family dwelling and
three-familydwellingandcustomaryacceSsory
uses includ-ing buildings for shelter of small
animals or property accessory to use for resi-
dential prtio=e= and fences, hedges, gardens'
wa11s, and similar landscape features'
Row House with a maximum of three dwe]1ing units
contained within a single structure' A row
house bej-ng more particutarly described as a
single famity dwelling sharing one or two common
side building wa]1s with an adjacent similar
dwellingordwellingsandextendingfrornthe
lowest to the highest point of the building
between said common si-de wa1Is'
Park, Greenbelt and Common Open Space'
Real estete sales office dealing specifically with
prooerty within the St. Finnbarr Parm P.U.D.
Uses, conditi-ona1.
None
Uses, special.
None
M.inimum Lot A.rea
B.
C
D.
1r 000 sc;uare f eet
E.
tr.
H.
o Maximum Lot Coverage-
None.
Minimum Setback.
Setbackofaresidentialstructurefromcenterline
of roadway --:-- 50 feet
setback of a g-.r.g" stiucture from the centerline
Setback of aII structures from County Road
100 100 feet
Maximum Building Height.
25 feet.
Parking.
Three (3) parking spaces for each dwelting unit'
or one (1) spac.-p"i 500 square feet of floor
area, whichever j-s greater' The parking spaces
need not be located on the 1ot of the dwelling
unit served. Perpendicular parking may be 1o-
cated adjacent to and with direct access to any
roadways owned in common by the P'U'D' residents'
section rv' c/E commercial'/ Entertainment District
A. Uses, bY right-
Restaurantandcustomaryaccessoryusesincluding
outdoor dining patios, stora'ge structures and
oarking.
Recreation facilities including tennis courts '
swimming and decorative poo1s, structures for
theenclosureofrecreationalactivitiesinc]u-
ding tennis and racquetball courts ' exercise
too*s, lockers and shower facilities '
Retail sales establishments which are supportive
of the "q"t=tt:-an,/recreation activities conducted
within the P.U.D- including the sale of equdstrian
tack, and athletic suPPlies '
officeforconductofbusinesswhichmanagesthe
various activities conducted within the P'U'D'
including a real estate office during the initial
build out of the P.U'D'
tr
30
40
D.
E.
F.
G.
Fences, walks, hedges, sufiImer house and similar
IandscaPe features.
Uses conditional
None.
Uses, sPecial.
None.
Minimum Lot Area
None.
Maximum C,/E Di-strict Coverage.
75 percent.
I'linimum setback -
Setba ck t'::- l:Y: l: - 31i l:l::-:::l:::I- - -
setback t':i-1::lI:I-::-i-3-I---
Maximum Height of Buildings '
Twenty-five (25) feet except for structure desi-
;;;e -primarily for the enclosure of livestock or
iqri"Lftural and equestrian equipment and supplies
f6r which the maxirium height shall be 35 feet'
Maximum Floor Area Ratio-
None
Parking.
Commercial and Recreational one (f) parking
space per 200 square feet of floor area exclu-
=i.r" of storage area and enclosed tennis and
racquetball courts. Provided, however, the
totaf required parking may be reduced by a
maximum of 25 percent at the discresion of
the County euilding Inspector at the time of
issuance of a building permit if varying time
periods of use are anticipated for coflImon
parking areas or if valid user parking. re-
quirem-ent data is submitted which justifies
the need for fewer Parking sPaces -
feet
feet
30
30
C.
E.
G.
H.
o section v. common,/open space District
A. Uses, bv right'
Agricultural and Recreational including pasture
garden, equestrian and pedest:iian trails' kennel'
tennis courts, swimming pool' water impoundments
and customary accessory uses including buildings
for shelter or enclosure of animals or property
employed in any of the above purposes '
Recreational Vehicle Storage'
Park and Greenbelt'
B.Uses, conditiona!-,
Iiastewater treatment P1ant.
Uses, special.
None
D.Minimum Lot Area.
I0,000 square feet.
40 percent.
Ia Minimum Setback-
Setback from CountY Road
100
Setback from District
boundarY
Maximum Building Height'
35 feet.
feet
feet
Section
Parking.
Parking shall be provided on site as necessary
to accomodate the anticipated users of the
available facilities.
VI. Agricultural District
Uses, bY right-
Agricuttural and Recreational including pasture
;1;e"", stables, riding arena' equestrian and
pedestrian trails, kennel, tennis courts' swim-
*i.rg pooI, water impoundments and customary
accessory uses including buildings for shelter
or enclosure of animals or property employed
in any of the above Purposes '
A.
C.
D.
El
o Recreational Vehicle Storage'
Park and Greenbelt-
B.Uses, conditior,.l-,
None.
Uses, sPecial -
None.
Ir{inimum Lot Area -
10r0O0 square feet.
Maximum Lot Coverage.
40 percent.
F.i,ti.ri*r* Setback.
G.
Setback from CountY Road
100
Setback from State HighwaY
82
Setback from District
boundarY
Maximum guilding Height'
30 feet
75 feet
30 feet
35 feet-
H. Parking.
Parking shall be provided on site as necessary to
accomodate the ..rli"iptted users of the available
facilities.
Section
Section
A.
B
o
VII. SuPPlemental Regulations
No fences shall exceed eight (Bl feet. in height'
Fences six tOi-f""1 or hrigher shall observe the
the required setback for if'e district in which
it is located.
Access to a 1ot may be provided by a street
iight-of-r?y dedic-atea eitrrer to the public
or to a prrvate association or by a private
road and reserved in perpetuity through
private agreement to provide access to the
tot. There shall be no minimum required
frontage on a street right-of-way' -Vehicularaccess to a 1ot need not be provided if adeq-
uate parking for the purposes of the 1ot is
pi""iif"a in convenient proximity to the lot'
VIII.
Except as hereinabove provided ' and except for-the
rhe fotrowin;-;;;ii"ns'of rhe Garfierd countv Zoning
Resolutio.,,
-i1I provisions of the Garfited County
Zoning Resolutio-n shall be applicable t9. th: ?1.^-Finnbarr Farm P.U'D' Zoning District'- The Sectron
of the said Zoning Resolution which shall have no
applicabilitY are as follows:
Section 3'00 through 3'I0'04
Section 5'01'02
Section 5'0I'05
Sectj-on 5'05'03, paragraphs 4 and B'
ST.FINNBARRFAR.IuP.U.D.SUBDIVISIoNREGULATIoNS
Section 5.09
Except for the foltowing section of the Garfield
cor:nty sunaivision Reguiations' aIl provisions of
the Garfield c"""Lv srluaiv:_sion Regulations shall
be applicable to tire St' Finnbarr Farm P'U'D' The
Section of the iaid Subdivision Regulation which
shall have no applicabitity is as follows:
a
ARXA AND DWELLING UNIT SUMMARY
Residential,/Single Family District
District DensitY 1.6 units/acre
Residentiat/Cluster Housing District
District DensitY 2-9 units/acre
Commerci aL /Entertainment Di stri ct
Common/Open SPace District
(A minimum of 35 acres will be
included in the C/O-5. District
Agricultural District
P.U.D. ACCESS ROAD (60' R-O-W- )
DWELLING
UNITS
25
95
l-20
ACRES
I5
33
4.5
45.5
37
B
143
P. U. D.
Note:
Gross
Final
final
above
TOTAL DWELLING UNITS
TOTAL ACRES
Density L.2 units/acre
engineering refinement
platting maY result in
acreages.
of the plan at the time of
minor variations in the
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COVENANTS
To further assure the development and continuation of the
st. Finnbarr Farm P.u.D. as a hiqh quality residential
area, protective covenants will be recorded along with the
final plattings of the P.U.D. Following are topics of
particul-ar importance to be included in the covenants.
A prelimj-nary draft of these covenants wilI be provided
to the County Planning Departr,rent.
Architectural Committee
--Buildinq siting
--Site and structural design
--Landscaping
--Fencing restrictions
Lot Use Restrictions
--Residential structure
--Garage/storage structure
--Use of Agricultural/Open Space areas
Animals
--No horses or livestock on 1ot
--Dog leashing requirement
Underground Utilities Required
Vehicle Control
--Limitations on recreational vehicl-e storage
General Site Maintenance
Noxious Activities
Easements
e - 9:s"9
10. Temporary Structures
SCHOOLS/PARKS DED] CATIOI\]
In accordance with Section 5.11 0f the Subdivision Re-
gulations of Garfield County, Colorado, as amended-,
tfr" St. Finnbarr Farm P.U.D. owners will cooperate with the
Board of County Commissioners to appropriately comoensate
the county for the reasonably necessary public facilities
(schools/parks) required by the future residents of the P.U'D
o
o
PIiAS ING
The P.u.D. will be initiated in 1980 with the development
of one of the cluster housing complexes nearest the main
entrance. Approximately ten units per year is the
presently anticipated rite of development, although this
*-y vary depending on actual market demand. The Resi-
aei-rtialTSingle ramity District is projected as being the
last area to be developed. A date for the initiation of
the restaurant/commercial complex has not yet been
estabfished.
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ST. FINi,IBARR, FARI4 PUD
PRELIMINARY UTiLiTY PLAN
i;; ;;y, ihto the ut j'tity systems by ptgy'idins the necessary e>:traits rrray' into the utility sysiems Dy prgvlo]ng f,ne necessdpv e'
cipacity to accomodaie tie -proposecl- addi ti onal uti l 'ii1, d.i1'11:-..t
The St. Finnbarr Farm PUD is locatecl iust to the southeast of the
existing Ranch at the Roaring Fork. St. Firrnbarr Farm has
upp.ou.[.d ttre Ranch at the Roaling_Fork wiih t"espect tc ex-.-
p5[OirS ifre latei'i .iis'uing centr;lized sev;er and r'iater facilities
to u..5,rooate boih developmEnts. The Ranch has jnCicat'ed that
itr.y ugtue in principal to this util jty plan and wi'li cooperate
ruiii' Si. Finnbirr to de'termine the feasibil ity of a ioint system
inJ tir. inrplernentation of the same. St, Finnbarr Farm will 'pay
36,660gP4-
L)AUZo E;foaolz
8cj
r.reil as the exLension of lhb sewage collection and lvater distri-
but,'ion f ac'i I i t j es as requi red .
The proposed developnent is to consist of 25 single fami.ly units,
83 ciuster units consisiing of s'in91e family, iuplex and trip'lex
unit,S and a contflterc1al arei consisiing of an estimated 7000 square
ieet of commerc'ial space and l2 smal I iotvnhouse units (to be most
iiiefy used tor jnterim rental). Estjmated acreage for lrrigation
f"om tn= potable viaier s.ysteni, baseC on 2000 sf . per dwell ing un'it
and .l5,C00 sf . commercial ' 'is 5.3 acres.
!g[95t.i9_Ue!iewat'er
The existing t,rastetvater treatment facif ity consists of a pacllage
e*ienje,l aeiation/contact stab'i'lizatjon piant folloived by a pol ishing
pond. The Ranclt reporls the faci.lltV vias designed with er'cess
Lapuci ty wi ifr respett to the Ranch ' s treatment requi rerrients ' The
i;tiiity u;ii1 be modified and upgraded as required to rreei present
Staie and Fedaral gui de1 i nes and- the cl'i scharge permi t wi'l I bg.
;;;;A.a to incluO.-tf,. extra developi;rent. Total tiastewater flow
i s esiimated as fol I ot'rs :
'l . 25 single family x 3.2 capjta x .I00 gpc/d
2. 83 clus"er x 3.0 capita x .I00 gpc/d
3. 7000 sf. commerc'ial4. j2 toivnhouse x 2.8 capita x .l00 gpc/d
8,00C gPd
24,900 gPd
2,400 gPd
3,360
o !ciL,_Tti!__U_q'L{.
St. Finnbarr Fai.m v;jll provide a viell (s) to purnp t.he rnax'itnuir dal' demarrd
for the proposed developmerrt. The'installat'ion rvill include chlorjnat'ion
faciljtibs.' The uater system from the Ranch vrjll be extencled to St.
Finnbarr and the neiv vrell (s) rvi11 become pari of the o'"erall i,'a'u2l
sysiern. The viater storage f or the Ranch r'ri I I be j ncreased to pro-
vide the riecessary storage for St. Fjnnbarr. Required storage wili
be equa'l to t,ire average clay dr:marrcl plus 500 galions per unjt for
f i re protection. Est.iriated average day tvater use j s est jrnated as
fo'l I ol'rs:
.-;',,,^..- /.\ ,-l ,--,'6(\11)(; )';z i.- *t r--'- . -\_ ,/ '- ' - '
o
1 60 days
Exjsi.ing telephcne atld
development. Easen:ents
of -'rray; I ocati ons i,'i I I
Respectful 1y subnri ited,
Average Day Denand
f.ia.rim,"rm Day Deii:and
(3 x aver"age day)
5 ,600.l
7 ,430
2,400 gpd
2,350 gpC
27,000 gPd
-$[1fu$-= 33 nr',
j64,340 = ll5 gpn
1. 25 s'ingie family x 3.2 capiia x 70 gpc/d =
?, 83 cl uster >r 3.0 cpa'ita x 70 gpc/61 =
3. 7000 sf. commercial =
4. 12 toirnhouse x ?.8 cap1ia x 70 gpcld =
5. irrigaiion, 5.3 acres at 2.5 AF/A over
urel_t-.je
There are no rrajcr drai nage courses across ihe cievel opntetr'i. Drai nage
ropoEraphical ly above tiie deve j op;neitt i s i ntercepied by Highway 82 ani
Col:,ly hcaC .j00. Dra'inaEe is ccirrplicaied by ihe neeci for a flocC pi"o-
tecii-cn berrn; riris berm is for pi^ot.ection of lanci ai^eas fror,r the .l00-
year flcoci levejs of the Roat^'itiE For^il. Dr"airtage abot'a the ber,n
-l ocati on iri l l be d j rected io iyrc (2 ) i rri gat.'ion ci'itches i'rhi ch trat'erse
the properiy. Drai nage iopographi cai iy bel ovi the bei nr r'r'i I I be re-
iained beh'inC the beri in releniion poncis for drspc:ai b-v percolation.
[]ecause of the fiat iopogt"ph.y ai'rC propos:d grasseC a:eas, seCiillents
I oaCs r,ri I j be min'imal . Dr"a'inaga f I o'it across grassed areas t^rj l1 be
disperseci as tooogi aphy a'l'lovrs-to reciuce any on-sire chaitrtel'izat'ion.
0-uher Ui'i l i ti es
el ectri c ut'i I i ti es ni I I be exterrdeC 'i nic the
v;il'l be viithin publ ic or Ceiicaied rights-
be ccorci'inated rvi t.lr Lhe ut'il i ty co;ilpani es .
a' r(-.)
r.l "lr.'<'
Dean l'1. Gorcion
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ST. FINI.IBARR DRAINAGE & FLOOD STATEI'1ENT
Surface water runoff within the proposed development wiil be
handled in a conventjonal manner, usjng curb and gutter f'lows
to outf al I s j nto natura'i Crai nages at 'low poi nts . Storm water
flow rates will not present any significant or abnorma'l prob'ler,rs
Cue to the relaiive'ly gentie slopes and high percolation rate
of ihe subsurface soils.
A fairly'large portion of the proposed deve'lopment does lje
within the 100 year floodplain, as determjned by the U.S. Corps
of Engineers report for the Federal Insurance Administratjon
(F.I.A. ) 'in Garf jeld County. Two methods of f'lood abatement
have been accepted by the F.I.A.: f) perimeter dike construc-
tion and 2) elevation of structures above the expected flood
e'levati on.
Initially, the developer desired to incorporate a dike
structure with a perimeter trajl system and noise buffer concept;
however upon review of F.I.A. requirements for d'ike construction
and maintenance, this option was discarded due to the high costs
and difficult construction sequences. The alternate f'lood abate-
ment method was jnvestigated and appeared much more feasible
and attractive. Footings for the structures could be p'laced
12 to'18 inches below exjsting grade and probab'ly above the
h'igh vrater tab'le in the area. Concrete stem vral'ls 3 to 4 feet
high could then be built on the footings, bringing the top of
the founrjation wal j I foot mi nimum above the height t,o the
100 year flood. No basements wjl'l be allowed within the flood
p'lai n area of the devel opment , and the f ounda'"i on stem wal'l s
wi I 'l be backf i I I ed and 'landscaped around al I structures .
Heights between top of foundation wa'lls and natural grade
are on the crder of two to three feet. A foundation elevat'ion
zone map was generated, baseci on jnformatjon contained in the
Flood Insurance Report; 'it was reviewed and approved by theF.I.A. agency in Denver. A copy of their 'letter is attached,
along with the zone map.
o LltrAirTi,i;ilT Ci ij:)'-r::: J3 .r'
'-. t .alr!=-.4-
nSGll':3.L
TITLE 3UI!-DI'J6,1.
DE'i'.,:4,:o!a
llay 30,
''r LJ i':1ilJ D-L'.': l-D;':.:i:;T
p-. .ai) lri.{l -"r
,,_ F t-=
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orr" , rraa
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IN;.:PLY P''I?
L'- 9- L.ic.-.
lir. tay !a1-c'*-:n
Gari ieid Ccu::--.v ?1ar::e:
Gzrfieid Cour,iy Pia::ni:3 !=Pt.
2C14 Lake :-rerue
Glen;-ooc Spr:-ngs, Coi c'raic 6160i
Dear l'1r . Salirsin:
A: the request cf ){-. Rcbert Pat:i11o of Eidoraio Enginee:iag
Co:lpany of Gl e:r-;ood Spri;:gs, Colo:aco, I hat'e regie;:ei :he
st. riilnbarr Far: p1a:r:red unii ieve''! cD;ien! near ca:heriae,
Colorado. in I'Ir. Pattil-Io's transnj-iia1 letter of }lay 25, !919,
heenclosedfcri:l':rer:-e'da1t'=2CCticu;:oai-ionelei'alionzo;a
rap a:rd a l-" = i00t plai:nec r::l:t ie'''elcpna::t slleich pian a::'3
coniour nap - S:. i'i::rba;: iar=.
Iiy reyiew Cid nci iinC ar.; ua;c: ;:rc'rie=s. D'-ve1cp:le;1t ac:|v1ty
.is not taking place i:: t:re il-cod'.:a',-. Tae base ficoC eievaticis
(tlre eievatic;rs that nave a one Pe:ceni cr-=nce cf bein3 e'cual1ed
or e>:ceeCed in aa-v gi.ve:.,-ear) r--ere tal:en fron I:I-trs IlcclC
insurance Studi'ano are being u,sed -uo iete:;.-ine;he tcp c'f rhe
foundatior r,;ai1 . ',i-fh one pcssi-l1e excepiicn, if co:srru':-ron
takes place as shct-n on the Founi.alioa Elevetion Zole }iap, :her:
it rri1l BeeE the require::eats of ihe iiaiio:ral Flood I::surance
progre.-n (NfIP) Regulaiions, proviieC that basenen:s are noi con-
structed as sho'*-n on the P] an' The ona e>:ceptlon is ihat an AO
Zole is shcu-:r on the Flocd Insura:ce ?.ate )iap' the =egulations
ior rrhich require rhat ;he lcr.'est. ficor, inclucing base:e::-u' be
elevated above ihe c;or'-n cf the nesrest streac -Lo o:'above ihe
Cepth nurber specified cn the Ficod Insurance ila-.e l"IaP.'^'nich in
this particular case is one foot. lrrithout e>lisiing sireeEs anC
due to the steep gra<iient, t'nis is a difflcult concePr to apply'
A nore workable siandard is to be assured that within'the AO Zcne
sho;n on the Flood lnsurance Raie l'1ap that the top of the founia-
rion wall is one fooE above the highest adjacent grade prior to
construction. This may necessitate that Sone structures be e1e-
vaEed above the elevations sl'ror^rn on the Foundation- Elevi-=i'cls'fEre(^_-:, ._;,1-J.;-. ._ ; .= ii ii
?iE 3 [ui
llap. ri
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I a: e::cios:::3 l. cc?v cf C:::i:::.:s::.i 3:ti
)'=p I:e::;en: :or ;;our a::o ll:. f ::c'.;::-.'g ::se
f cr i:su:::::;J i'-::::ses i e c=s -T::a :'.' :r,r i:..'
::ii:icnai iefo:--a:ic;., cu::.jl-.: i:cc.3::re jo
i:;= :: :::s:::a:'::g sta:'ic:a L;-.: l:: :::. .jr3 l;::e i
L.=se-=i:s (as ::.ese ;i1l- l: c3:-:::--:ie'-) is
a. e charged :f lhe f irs: i1oc: el 3ve:i-c:i l-s
il.e c:o'*'n cf ihe neares! st:eei.
l'.:y 30 , i9ii
.r;re fc: -tz::er3 ::-
-ei;ouli a:r a:.eira:::r:'::
a .-ur >n? :.^.te
r ;:: j:r: aa ='.a::i:"so: s::u::u;es :'i:i.:'u:
ii,e: ic;:=: Z:,)-- 3 ra--es
13 i:':c:,es cr rc:e --'cci'e
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F-;'iraul j-c Ea-: ir:e er
Enclosures
cc:\ t.lr. P.oberE Pa:ti1:o
Eldoradc E::g::reering
?. O. Box 669
Glenwooo Sp:ings, C0 8i5C1
o
o
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t:
TELEPHONE 575.AOOO
AREA CODE 303
Flor-r--a.xo e H.anr
ATTORNEYS AT LAW
555 SEVENTEENTH STREET
SUITE 29OO
DENVER. COLORADO
MAILING ADORESS
P O BOX a749
DENVER, COLORADO AO2OI
PLEASE REPLY TO
434 E COOPER STREET. ASPEN. COLORADO 8I6I I
TELEPHONE 925.3476 AREA CODE 3O3
CABLE ADDRESS
HOLHART OENVER
TELECOPIER (303) 575-4261
ARTHUR B. FERGUSON. JR
(303) 925-3476
April 6, L979
Board of County Commissioners
For Garfield County
Garfield County Courthouse
Glenwood Springs, Colorado 81601
Dear Commissioners:
on behalf of Jack Jenkins, I am writing to advise you of
the water rights that are used upon and are appurtenant to the
property which is the subject of Jack Jenkins' proposed P.u.D.
The title to this property i-s discussed in a separate letter'
With respect to the water rights appurtenant to said pro-
perty, MS. Geitrude L. Janney owns a substantial interest in
three very senior water rights on the Roaring Fork River. Her
title to the lfater is evidenced by the special warranty deed
which is attached. Review of the decrees indicates that the
Lower, Basin, and Middle Ditches are among the best water
rights in the vaIley. Ms. Janneyrs interest in those ditches
has been more than sufficient to irrigate the subject property
and will most likely provide a dependable and reliable source
of suppy of water for the planned development.
If you have any further questions at this stage, I would
be more than happy to meet with you to discuss them'
Sincerely,
-',--i' -. ','--
Arthur B. Ferguson, Jr.
for Holland & Hart
ABF /b
Enclosure
Jack Jenkins
Ron Liston
April 4, L979
GINEERING
SOILS
PROPERTY
Y, COLORADO
concerning the general and
the proposed develoPment
.y, in Garfield CounLY, Colorado'
INC.
n".rl"r"d-biy ceorge D. Morris
Professional Engineer
P.O. Box 1BB2 P.O. Box 1643
08
81601
GET.IERA
GEO
ST. F
,RFIELD
isal
rnd soi
Lnbar I
)d,
lIG I,AB(
^a
tuer
olooi-s
iui.te 2OA
IS, co 816
:on
GEt'18
b
ST.
GARFIE
rewith is z
ologty and s
St. Finba:
ubmitted,
!
TESTING I'
/<a
Bass
'ineer
l-r',l. Weaver
>nal Geolog
;s-987
o
.ffi%
Lincoln DeVore
| ,ooo west Fillmore St.I Colorado Springs, Colorado 80907
| (303) 632-3s93
I Home Olfice
lo
I land Design
! village P1aza, Suit<
I "lenwood
SPrings, (
I O Attn: Ron Liston
II R'e:
llo
I
Il.
I Gentremen:
I rransmitted herewi
I engineering geolog
I O located at the St-
I Respectfully submi
I LrNcoLN-DeVoRE rES
l' By: 4z {
lr**?;'o'*'
8,8litrsffiilss
co'o t
109 Rose
Montrose
(303) 24!2
1 601 Grand Junclion, Colo 81501 Rock Springs, Wyo
(303) 242-8968 (307) 382'2649
INTRODUCTION
T'l:e content of this report is a
geotogical site evaluation and subsu'rface soils investigation
with engineering recolrunendations for a 1-42 acre parcel of
land located in the west, half of Section 3J, Township 7
South, Range 87 West of the 6th Principal Ueridian, Gar-
field County, Colorado. The site 1 ies between Highv;ay 82
and the Roaring Fork River, just south of the Catherine
Store. A 52 acre tract along Highway 82 is proposed to be
Ieft as meadow and pastureland and the remainder of the site
to be subdivided into single and,/ or multiple f amily dwellings.
It is our understanding that central water supply and
septic disposal are to be supplied to the property by an ex-
tension of the systern at the Ranch at the Roaring Fork.
Vegetation consists of large
cottonwoods along braided stream drainages with rnany willows,
elms and oak. Mountain grasses, shrubs and other low herbals
are abundant. The site is predominately level and con-
sists of terrace and river alluvial deposits of the Roar-
ing Fork River. Several drainages and irrigation ditches
cross the site in a westerly direction.
o
o
o
o
o
o
o
o
o
o
o
COI.JCLUSIO}iS AND RECOILI'1Er\iDATIONS
Since the magnitude and nature
of the proposed foundation loads are not precisely known
to the Laboratory at this tirre the recorurrendations conLained
herein must be quite general in nature. Any special loads
or unusual design conditions should be reported to the Lab-
oratory so that changes in these recorrunendations may be made
if necessary, However based upon our analysis of the soil
conditions and project characteristics previously 6utlined
the following recorrunendations are made.
It is our recommendation that
shallow foundation systemsconsisting of continuous foundations
beneath bearing ',valls and isolated spread fooEings beneath
columns and other points of concentrated load be used to
carry the weight of the proposed structures. The presence of
shallow ground water will necessitate speci al consideration
in foundation design and this witl be discussed in this
section. Foundations which rest on the alluvial gravels of
SoiI Type Nc. 2 n,ay be propcrtj-oned on the basis of a r,aximum
allowable bearing capacity of 3030 psf with no minimum dead-
load pressure required. The bottoms of foundations should be
located a minirnum of 3.5 feet below finished grade or greater
if dicated by local building codes, for frost protection. r
Obviously the presence of ground
water at a relatively shallow depth will create difficulties
in the installation and performance of basement type found-
ation systems. Therefore, basements are not recommended for
this site. A crawl space type frame floor or a slab on grade
could be used on this site providing special precautions
are taken . Lf a crawl space type fourrdation is used it is
recon'unended that the interior of the crarvl space be backfilled
to an elevation equal to or greater than the finished exterior
grade in order to minimize the possibility for standing water
in the crawl spa6e. It would then be necessary of Course, to
construct the floor a sufficient distance above this backfill
to provide access if required, and to saiisfy any building
codes requirements.
If a stab on grade type of foundation
is used the floor slabs should be placed above a capillary
brea]< consistinq of a clean compacted gravel lalrer of approx-
imatety 6 j-nches in thickness. It is fecolruhended that the
bottom of this capillary bleal< Iayer be located at or above
the finished exterior grade elevation. The capillary bredi
should be provided with a free drainage outlet to the exter-
ior so as not to serve as a water t-rap beneath the floor
slabs. A vapor barrier is recor..Linel-lced beneath all floor
slalcs betr^reen the slab and the capillary break'
Floor siabs shoull be conslt::ucl-ed
in such a manner that thel* act independentilz of corumns a:rd
bearing walls. Additionally, concrete floor slabs on grade
should be placed in sections no Ereater than 25 feet on a
side. Deep construction or contraction joints could be .
ptaced at these lines to facilitate even breakage. This will
heLp reduce any unsightty cracking which could be caused
from differential movement of slabs. It, is recommended that
any topsoil material and any of the soft, silty clays of Soit
\zpe No. l whic[ are located in the slab a-rea be completely
removed and replaced with a suitable backfill compacted to
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at least 95% of the maximum standard Proctor dry densitf,
ASg,l D-698.
It is recommended that the Pro-
posed foundation systems be weII balanced. Exterior beari-ng
waII pressures should be balanced to within + 500 psf around
the entire sLructure. Isolated interior footings should be
designed for unit loads of about 2o0 psf less than the
average of those selected for the exterior walls. -Ttre
cri-
teria for,.this balance will depend somewhat uPon the nature
of the structure. Single-story slab on grade structures may
be balanced on the basis of deadload only. cther types of
structures should be blanced on the basis of deadload
plus approximately one-half the live load'
Any stemvralls for continuous
footings should be designed as grade beams capable of ssan-
ning at least LZ feet. The horizontal reinforcement requir-
ed for this desigin should be placed continuously around
the builcing r.,,j-th no gai)s or l.:-real;s in the reinfcrcing steel
unless special ly de:igned. Rea::,s should -oe reinforcec at
both top and bottom rvith the majority of the reinforcenrent
being located at the bottom of the beam. Illlere stelnwalls
are placed beneath interior foundation loads they should of
course, be designed according to the criteria given al:ove '
and should be rigidly interconnected with the exterior
foundation walls.
Adequate drainage must be Pro-
vided in the founCation area both during and after con-
struction to prevent the ponding of wal-er. The ground
surface around the building should be graded such that
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surface water wiII be carried quickly atray from the structure'
Minimum gradient within 1o feet of any structure will depend
upon surface landscapiUg' Bare or paved areas should have
aminimumgradientofZ?/o,whilelandscapedareasshouldhave
amininumgradientof5%.Roofdrains,ifused,shouldbe
carried across all backfilled areas an,d discharge,J weII
awayfromthestructure.Theoveralldrairagepatternshould
besuchthatwater<]irectedawayfromonestructureisnot
directed against, an adjacent structure'
The presenee of ground water
atshallovrdepthmaycreatesomedifficultiesinthein-
stallation of foundations and dervatering techniques may
benecessary.T\rpicaldewateringteclrniqueswouldinclude
well points, drainage ditches' sumP pits with Pumps' and
deep weIIs " Probably tl-re most practical detvatering system
forthisparticularsitewouldbetjreuseofsumppits
rr,ith purnps. Basicallir this \r,ouId ialrolve i:lacing several
pits o.r lorv areas in the f urc:,..-j.o;l::egion arrd then reir'ovinE
waterfror,thesepitsblrpurnping'Th'=nurri:':rardsizeof
su:llppits.requirerlfc.ranygivenstruct'.i::eandt}renecesSary
capacity for pumps are dependent upon many factors and are
beyond the scope of this report. Regardless of the type of
dewateringsystemused,itwillbenecessarytoremovethet
water from the excavation for sufficient periods of time to
permitpropergradingofthefooundationsoi},placementof
concrete and placement of 'lcackfill around foundations'
BackfilI around the proposed stru-
cture and in utility trenches leading to the structure should
be compacted to aL }east 9tr/, of the ma-ximum standard Proctor
drydensity,AST14D-6gE.Backfillontheinteriorofthe
structure which will belccated beneath f100r slabs strould
be compacted to at least g5% of the maximum Proctor dry
clensity.Thenativeroilsonthissitewillbesuitable
forthisbackfill,withtheexceptionofanytopsoil
materials or debris. Backfirr shourd be placed in lifts
not to exceed 6 inches compacted thickness and at a mois-
turecontent,ofapproximatelyequaltotheProctoroptimum
moisture content * T/o. AlI material in excess of 6 inches
diameter should be removed from backfill prior to ptace-
ment. Backfill should be compacted to the requi-red density
bymechanicalmeans.Ncwaterfloodingtechniquesofany
typeshouldbeusedintheplacement,offillonthissite.
Any topsoil or debris should be
removed from the construction area prior to beginning of
construct:-on of foundations. Additionally, should any poc-
l<ets of debris, organic material or otherwise unsuitable maL-
erial encountered at fouudati on IeveI, these ri'ateria" s should
be removed and replaced with baclifill coii,:acte<l i-c 95)L oi the
me<irrrum Proctor dry density, using the p::ocedures preizioi-rsly
outlined.
The open founda*-on excarration should
constructron bf forms or placenient
that proper design bearing material,
no debris, soft sPots or other
Iocated within the foundation area'
The siltY cIaY of SoiI TYPe No.I
was noted to contain sulfaLes in detrimental quantities.
AdditionallY, ground water in this area can be expected to
carry significant quantities of sulfates. For these reasons
a sulfate resistant cement, such as tYpe II Cement is re-
commended for all concrete which wiII be in contact with
be inspected Prior to the
of concrete to establish
has been reached and that
unsuitable materials are
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the soil. under no circunrstances should calcium chloride
ever be added to a TYpe II Cenrent, in the event that TYpe
II Cement is difficult to obtain a fype I Cement may be
used providing the concrete is separated from the soil by
water resistant membranes.
It is believed that all Pertinent
points concerning the subsurface soils on this site have
been covered in this report. If soil types and conditions
other than those outlined herein are noted during construc-
tion on this site, these should ]:e reported to the Laboratory
so that changes and recolrunendations may be made if necessary'
should questions arise or further information be desired
please feel free to contact the Laboratory'
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Job llo . 78444
L EGAL DESCRI PTI(]i'I:sr.F i n n ba r r ne1rg_!_E-qq!$ry-S-.14'v!X
A iract of land situate in Sect'ion 3.l, Townsnip 7 South, Range 87
l,,Jest of the Stlr Principal 14erjd'ian, be'ing ttrore particularly des-
cri bed as fol I ows :
[]eginning at a point on the existing southerly r.i9ht,-of-'*ray fence line
of colora,lo staie H'ighway i,io. 62 yihince the norlhwast corner of said
Sectiorr 3l bears N g5" l-S' .13" I.J 796.56 feet; thence S 79" 56' 30" E
,i9p,2.94 feet atong iila urisijng sou-"heriy right-of-vray fence.line of
Color ado State iigfrruy No. 82 to a point b1 the uresrerly boundary f itre
oi i patc": of laiO dbscribed more pari'icuiarly as Exceptiorr 'rA' in
F.ecep,iion lio. ?43112 of ihe records of tne Clerk and Recorder's cffice cf
garfielci Counly, Coloracio; t,hence S .10" 30'58" l'l .134..15 feet along
said rvesterl,v 5illpciary line of Exception "A" of P.eception llo. ?43112
to the southlrly bouniary line of sa'id Exception "A" of Reception
tlo. 243112', the-nce S 79" 44' 32" E ?47.29 fee't along said southerly
bcunciary line of Exception "A" of Reception t"lo. 243112 to a point
on t,he ixisting rvester]y rigrtt-of-way fence line of a ccunty road;
t,hence al ong si'ici exi sti ng itesierly ri ght-of -vray fence 'l 'i ne^the
following cJui^sesr s 00o ll' 29" i,i B?7 .14 feet; thence s 03o 56'
29" l^J i|7 .74 feet; thence S ll" 37' 27" W
.l504..l3 feet; thence
iuuring said exisiing westerly right-of-way fence line S ?3" 40'
24" W gO.Sa feet; thence S 36" 04' 45" l'i 85..16 feei to a point on
i,he cent,er of t,he Roaring Fork River; thence along said center of
tite Roaring Fork River the fol lowing courses: tl 65" 57' 3C" li
56.7g feetl thence N 63" 59' 'i8" \'i ftg.SZ feet; thence N 65" 50'
18" li 203.39 feet; thence I{ 75" 33' 2.l" l\'' 27?.6? feeL; thence Ii 84'
?5' 20" |^J 257.22 feet; thence N 87o 4l' .|9" rJ 223.13 feet; [hence
I'{ Ba" 30' 35" !.J 346..l2 feet; i,hence t'i 65" 59' 25" 1{ .i20..]5 feet to
i,he easi line of Lot 14 in sa'ici Seci,ion 3l; thence N 00o 3C' 00" I'l
n3.?A feet along said eas+' l'ine of Loi 14 io ihe south line of Lot
l3 of said Sectj6n 3l; titence S E8o 3l' 40" !'l 499.89 feei along said
sou.;h line of Lot'13 to the southwest corner of saici Lot 13 also
Liing a point, on the wesi. iine of said Section 3l; thence N 00" 00'
33" i 1273,91 feet along said yrest line of Section 3l to the souih
line of Loi 17 cf said Section 3l; thence N 89" jl'07" E 47].38
feet a'long said sout,h line of Lot 17 to the southeasi corner of
said Lot 17; -uhence ['l 00o 00' .l8" E 1276.72 feet along the east
line of said Loi 17 to the point cf beginning, conta'ining 143.
5lB acres more or less.
o
Name of 0wner
and mailing address
lO ll t^tilliam J. Giltigan and Javne M' G'ill jgan JT
I sq00 North Adams Road
I Oukbrook, ill inois 60521
II Z. Larry A. Schul tz
I O Pitkin county
Li'Rex A. Coffman and JoAnn G. Coffman JT
I no address available
I ^. united States of America
I O 5. ,. Advi sers & co. , a partnersh'ip
I r 600 Fi rst of Denver Pl aza Bu'i 1d i ng
I oenver. Colorado 80202
I 6'. nrtn* c. Hvde
I O no address available
I 7-'Arthur Kuen & Elfrieda Kuen JT
I 802 E. cooper AvenueI Asoen. Colorado 81 6l I
l. ,rhl:l"li .r;Bl';r3nd
Eddie v' Hushes JT
I e ::::::'::: -::':::::. -:::::, Rai,r.ad
l ar0., Board of County Commiss'ioners of Garf ield
I ,r :::::;',,tain Title companv,
I as Successor Trustee
la, oun.r, at Roaring Fork Homeowners Assocjation,
I
r3' il':::l.l; H?l:oi!o
Hazer D' Hopkins
I .l4. Preston M. Marble and Hazel D. Hopkins
IO no address available
I 15.-Josepl.lirlil,e & Rita veronica BelIe JT
[
ilil1;;illllift Ii::"',
c Mevr ns JT 278504 496 493
page I
Document No.
283735
?65?42
228809
vacant Land
285099
Book
506
466
364
509
4.l6
495
504
498
50?
502
Page
567
24
109
578
240
t4l
?48868
?777s9
28?655
279416
28.l 54]
zalqq3
Inc. 259.l 40
27 5584
27 458?
287920
172
464
488
514
309
172
136
846
873
s33
447
490
803
510
o .l7. Carole D. Brewer
10028 Dodge Drive
Northglenn, Colorado 80?21
^ .l8. Jup'iter Enterpri ses , a general partnersh'ipo 4ob E. I"lain st.I Suite 202
I ntpen, Colorado 816ll
I .t r. Gi I bert H. Lew'is[. B3::,ll'Uil.::. 8,62,
Lo. Date A. ElIis and c. D. Qu'ie1ev
I oo84 Sagecoach Drive
la Carbondale, Co. 81623
I ,,.
H3X.i!rr.
chilson & Jennv D. chilson
I Woody Creek, Colorado 81656
I 22: Euoene Block
I o eoi esgzI A.o"n. Colorado 816.l I
L,. ouni"r R. Jervis and Mary Ann Jerv'i:s
I zoot Rangeview
Ja Fort ColTins. Co. 80s2.|
286258
287?58
?90256
28663.|
287261
?85?45
287262
28561 6
289343
?89286
?89134
285986
sil
513
5.l9
5ll
5.l3
509
5.l3
510
st7
5.l6
516
232
3.l0
365
897
3.l6
43.l
3tB
63
663
946
782
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UncolnDeVorc
[t?r#.f i[u$:r%:r,, oo, o no,
Home Office
Land DesignVillage p1aza SuiteGlenwood Springs, CO
Attn: Ron Liston
Re:
April 4, LgTg
208
81601
GENERAL & ENGTNEERING
GEOLOGY & SOrLS
ST. FINBAR PROPERTY
GARFTELD COUNTY, COLORADO
Gentlemen:
Transmitted herewith is a report concerning the general andengineering geologv and ""i-t "r ii"-iiopo".a deveropmenttocated at the St.-finUar-property, in Carfield County, Colorado.Respectfully submitted,
LfNCOLN-DeVORE TESTING LABORAIORY, INC.
By:
By,
professi.onal Geologj.st
RLB & MWI/vtu
Morris
P.O. Box 1882
(8.1i%ilrSJ'3S' coro 8 1 5o 1
P.O. Box 1643
[?t 3Ei'l%'in"r" t,no,
Robert L. ga=sCivil Engineer
ltibhael t.-wEarr",
I
rL .rob No. cs-g8z
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8,si,trfl3;iss, coio 8i6ol
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INTRODUCTION
The content of this report is ageol0gical site evaluation and subsuuface soils investigationwith engineering recommendations for a L42 acre parcer ofland located in the west half of Section 3I, Township ZSouth, Range g7 West of the 6th principal Meridian, Gar_field county' cororado. The site ries between Highway 82
::t
rhe Roaring Fork River, just south of the carherinestore' A 52 acre tract al0ng Highway g2 i= propo=Ja to beleft as meadow and pastureland and the rernainder of the siteto be subdivided into singlg and/or multiple family dwelrings.rt is our understanding that centrar water suppry andseptlc disposal are to be supplied to the property by an ex_tension of the system at the Ranch at the Roaring Fork.
Vegetatj-on consists of largecottonwoods arong braided stream drai-nages with many wilrows,elms and oak. Mountain grasses, shrul:s ;rnd other low i:e:cbalsare abundant. The site is predor,j-nat-ely level and con_sists of terrace anrl ri-ver alluvial <iep,:sits of hhe Roar_ing Eork River. Several drainages and i*i_gat.ion ditchescross the site in a westerly direction.
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cnme@lF-\EERTM GEoLo@
The proposed d.veropmJnt area
lies primariry on the floodpJ-ain of the Roaring Fork River.
The potentiar for frooding has h,lready been addressed by
another firmi a hydrol0gic study was compreted and aprotective berrn was proposed Eo protect the majority
of the site from the flooding hazard. No bedrock out_
crops on the site,which is covered by alluvial sands andgravels (eat) and terrace deposits (qt). outcrops -in thevicinity of the site,r however, indicate the underlying
formation to be the permian Age Eagre valrey Evaporite (pev),
(see figure 1).
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Iandslides, debris flows,
on this site. No unusual
detailed subsurface soils
later in the report.
on or near this site. [tre
ard Zone f, in Section 2314
This is a regional risk and
No stability problems such as
rockfalls, or soil creep exist
soil hazards weLe encountered and
information wiII be discussed
seismic risk is assigned to haz-
of the Uniform Building Cocle.
not specific to this site.
severar resr pirs excavarc):'::"I:t::r.",iT:::";':: :;.,frorn 3 feet ho 7 feet from t,e grounrJ surface. Running
surface water was observed in all cirainages that crossedthe site. severar natural dams and ponds were arso noted.This high water tabre wilr p-robably ri-se as runoff increases,
and may present a construction probrem in some l0wer areas.
No unusual radiation hazard exists
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The sands and gr--'els present
on this site represent an extractabre mineral resource,
I however, with the tremendous arnounts of gravel present through-
out the Roaring Fork Valley, removal of this deposit frorn
the over-aI} resource should not prelude the proposed develop-
t
ment.
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TES T P rrs, LABORATORy- TES'.TS-AI\ID-.&S SULI S,
Ten test Pits we*t, excavated on
Lhis site at locations indicated on the encl-osed Test, Pit
Location Diagram" These test pits were placed in such a
manner as to obtain a reasonably good profile of the sub-
surface soils. While some variation \^/as,noted from point
to point the subsurface profite encountered was judged
sufficiently uniform that no further test, pits were deemed
necessary. AII test pits were excavaEed with a hydraulic
backhoe. Samples were taken by bulk methods'
The soil profile encountered on this
site can broadly be characterized as a twc lalrer system.
Iire upper layer of this systern consisted of a reddish brown
silty clay materiat which was in generally lorv density,
high moisture condition. The second layer consisted of a
coarse grained poorly graded giravel wh-ich contained numelous
cobbte and bou],5e.r sizecl pa::ticies. This coarse gr:ain
mate::iaI is rcrl.resentative of thr: alLr.:.vi-al ::iver terrace
deposit, of th:l ltcar:ing iror'li Rir",';-r. i\ i:h j-n 'r/Dr-rrlc.rl of o::ganic
topsoi!- matc::iaJ. r"'lS oi:cgtirrtererl at the g.':oi-i;:d surfact: across
the rnajorS-tY of this site.
Ti-re samples obtained du.r:ing our
field exploration prograrn have been grouped into two soil
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types. These trvo soil types a.re representative of Lhe
respective layers of the previoursly described two layer
soil profile. More precise engineering characteristics of
these two soil types are given on the enclosed sumrnary sheets'
The following discussion will be general in nature-
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SoiI flrPe No' l- essified
assiltyclayGLfi,IL)withaconsiderab].eportionofsand
size particles. Generally, this material is sLightly plastic'
of low permeability and was encountered in a low density'
highmoisturecondition.Intheconditioninwhichthis
material was encountered, it should not have a significatrt
tendencytoexpandupontheadditionofmoisture.Itwi]-I
however,haveadistincttendencytolong-termconsolidation
underload.Additionally,thismaterialwillhaveavery
low bearing capacity value' It was encountered in a rel*
atively thin layer across the site however, and it' is reqom.
mended that foundation penetrate through this sirty clay
materialandrestontheunderlyingalluvialgravels.Soil
TlrpeNo.Icontainssulfatesindetrimentalquantities.
Soil TlrPe No- 2 classified as
a poorly graded grave1 (GP) of coarse grain size' This
material contained numerous cobble and boulder sized par-
ticles which obviousllz cannot be accuratcly represented
on the enclosed grain si-:ze curve. Generall'y, this material
isnon-plastic,pertneableandwasencounteredinamoderate
densiLycondition.Itwillhavenot,endenclrtoexpandupon
the addit,ion of moisture, nor any t'endency to long-term
consolidation under toad' Granular materials such as t'his a
often do exhibit settlement upon application of foundation
stresses or vibration, but if maximum allowable bearing
capacityvaluesarenotexceededlandbalancingandrein-
forcingrecommendationsarecarefullyfollowed,itisnot
felt that settlement of this material will create any pro-
brems. At any rate settrement will be fairry rapid and wirl
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probably be cc Lete by the end of constrr ion" F'oundations
restingonthemateria].ofsoiltlrpeNo"2maybeproportioned
on the basis of a ma:<imum allowable bearing capacity of 3000
psf, with no minimum pressure required" SoiI Qrpe No' 2
was not found to contain sulfates in detrimental quantites'
As has been PreviouslY mentioned
in this report, free water was encountered j-n several of the
test borings, dt depths ranging from 3 to 7 feet beneath the
ground surface, at the time of excavation. This free water
level is the result of the presence of the Roaring Fork
River , of numerous ditches located on the site, and of local
seepage and runoff . The free water level- can be expected t'o
rise from the elevations encountered during wetter seasons
and could conceivably rise virtually to the ground surface
in some locat,ions on this siLe. The presence of free water
ivill require special consideration in the design and con-
struction of founda,tions. Base:ment typ. founclations are
not .reconrnendecl ancl all flo,crs ,sf st.ruci-ures sirould be con-
structecl well above the f inishecl exterior ground surrf ace '
Dewatering techniques may be required in the installation
of foundations.
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CONCLUEIOffi.-aNn @
Since the magnitude and nature
of the proposed foundation loads are not precisely known
to the Laboratory at this time the recommendations contained
hereinmustbequitegeneralinnature'Anyspecialloads
orunusualdesignconditionsshouldbereportedtotheLab-
oratory so that changes in these recommendations may be made
ifnecessary'Eloweverbaseduponouranalysisofthesoil
conditions and project, characteristics previously 6utlined
the following recommendations are made'
It is our recommendat'ion that
shallowfoundationsystemsconsistingofcontinuousfoundations
beneath bearing walls and isolateril spread footings beneath
columnsandotherpointsofconcentratedloadbeusedto
carrytheweightoftheproposedstructures.Thepresenceof
shallowgroundwaterwillnecessitatespecialconsiderat.ion
infoundationdesignandt.hiswillbediscussedinthis
section. Foundatir:rrs whicLi rest on l-irc allrrv.iarl g::ave1.s of
Soil.TypeNc.2ir';ty'):ci:rop';rt-ioncd(int'l'rcbasisofan'aximun
allowablebearingcapacityof30]0psfwittrnominimumdead-
Ioadpressurerequired.Thebottonrsoffoundationsshouldhe
located a minimurm of 3.5 feet below finished grade or greater
ifdicatedbylocalbuildingcodes,forfrostprotection".
ObviouslY the P.resence of ground
water at a relat.ively shallow depth wiII create difficulties
intheinstallationanclperformanceofbasementtypefound-
ationsystems.Therefore,basementsarenotrecornmendedfor
thissite.Acrawlspacetypeframefloororaslabongrade
cou}dbeusedont,hissit.eprovidingspecialprecautions
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t at LeasL 95% o: he ma:rimum standard Proct dry density'
ASTM D.698"
It is recommended t'hat the Pro-
posedfoundationsystemsbewe].}balanced.Exteriorbearing
wallPressuresshouldbebalancedtowithin*500psfaround
theentirestructure.Isolatedinteriorfootingsshouldbe
designed for unit loads of about 200 psf less than the
average of those selected for the exterior walls cri-
teria for,.this barance wirr depend somewhat uPon the nature
of the st,ructure' Single-story slab on grade structures may
bebalancedonthebasisofdeadloadonJ.y.othertypesof
structures should be blanced on the basis of deadload
ptus approximately one-half the live load"
Any stemwalls for continuous
fooLingsshouldbedesignedasgradebeamscapableofslran.
ningatleastL2feet.Thehorizontalreinforcementrequir.
edforthisdes.ignshou].c]lreplace.lcontinuouslyaround
the]:uildingwithnogiaps^-by.:3ti.sintirereinforcingsteel
unlessspeciallyrlesignecl.Bear:rsshouldbereinforcedat
both top and bottom rvith the majority of the reinforcement
being located at the bottom of the beam' Where stemwalls
areplacedbeneathinteriorfoundationloadstheyshouldof
courserbedesignedaccordingtothecriteriagivenabovef,
andshouldberigidlyinterconnected,,viththeexterior
foundation walls'
Adequate drainage musb be Pro-
videdinthefoundationareabothduringandaftercon-
struction to prevent the ponding of water' The ground
surfacearoundthebuildingshouldbegradedsucht'hat'
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surface water w'-t be carried guickry away -'-om the structure"
Minimuun gradient within 10 feeL of any st::uctu,re wil} depend
upon surface landscapirlg' Bare or paved areas should have
aminimumgradientof2lo,whilelandscapeda.reasshouldhave
aminimumgradientofs%.Roofdrains,Lfused,shouldbe
carriedacrossal}bac]<fitl.edareasanddischarge.Jwe]-l
awayfromthestructure.Theoveralldrai:lagepatternshould
besuchthatwaterdirectedawayfrornonestructureisnot
directed against' an adja'cent structure'
The presence of ground water
atshallowdepthmaycreatesomedifficultiesinthein-
stallation of foundations and dewatering techniques may
benecessary.TYpicaldewateringtechniqueswouldinc}ude
well points, drainage <litches' sump pits with pumps' and
deep wells " Probairly the rnost pract,ical devraterj-ng system
forthispa.rticularsitewouldbetlreurseofSumppibs
wi bh pulr,ps. Basically 'Lhis ivoulc i-:r''zolvc placj-ng s€vrlf DI
pits L),1: ]-o.,v a]:c.]:i in i:,ire fr:unr-i..:1j.3;.t::eq.rcn;itl,j then retr.ovi,rrg
werLer froin thesr: pits i:7 lrr;rrl oin''f ' 'i'i:'l '-tu'ii'il"::: a:ld svza of
Su.j'..tp pits requ:Lre<] ]:o:l: ;rny giveir i;i:ructu-i:e arrcl t-he n6jceSSary
capacity for pumps a're dependent upon many factors artd are
beyond the scope of t,his repo.rt. Regardless of the type of
dewateringsysternused,itwil-l.benecessarytorernovethel
waterf,romtheexcavationf,orsufficientperiodsoftimeto
permitpropergradingoft.hefooundationsoil,placementof
concreteandplacementof]oackfi].Iaroundfoundations.
Baclcfill- a.round the proposed stru-
ctureandinut,j.litytrenchesLeadingtothestructureshould
becompactedtoat,Ieastgtr/"ofthenraxj.mumstarrdardProctor
drydensity,AST},ID-698.Backfill<rntheinteriorofthe
ted beneath floor slabs should
^ --- ^I^r A r\t
I i" "*n.cted to at reast 95% of rhe maximum Proct'or dry'
I :::T:";:J:::":,::T"":.:"'"'"':'-il::"::::*'"
I materials or debris. Backfill should be placed in lifts
not to exceed 6 inches compacted thickness and at a mois-
'i mrr
I ;""";;.-", approximarery equar to rhe proctor optimum
I J:.".;:H'j ]1"*l'-"-;::l'I'1';"' ': :""::"=
lment.Backfi}Ishouldbecompactedtotherequireddensit'y
bv mechanical means' No water floodins
::::"::"::.:t"l::'
;J;;;-;. used in rhe placemenr or rir- on this site'
AnY toPsoil or debris should be
renoved from the construction area prior to beginning of
construction of foundations' Additionally' shrruld any poc-
l<etsofdebris'organicmaterialoro+;herwiseunsr-ritablemat-
erialencounteredatfoundatir:nleve},tlresematerialsslroulcl
be rernove,J and replaced vrith bar:iifirr cornpacted t'c 95/" csf' the
}Ita]<im\lfiI P.roctor clry density, usling the procedures previor-rsly
outli-nerl "
The open foundaton excavation shoul'd
beinspectedpriortotheconstructionbfformsorp}acement
ofconcretet,oestablishthatproperdesignbearingmaterial.
hasbeenreachedandthatnodebris,softspotsorother
unsuitablematerialsarelocatecwithinthefoundationarea.
The siltY cIaY of Soil tYPe No'I
wasnotedt,ocontainsulfatesindetrimentalquantities.
Additionally,groundwaterinthisareacanbe.expectedto
carrysignificantquantitiesofsulfates.Forthesereasons
asulfateresistantcement,suchaslzpell.Cementisre-
commendedforal}concreLewhiclrwil}beincontac{:with
t
I
I
I
I
I
I
t
rl
lr
lr -rI-
I
I
ir
lr
lr
thesoi}.Undnocircumstancesshoul<]rciumchloride
ever be added to a fYpe II Cement, j-n t,he event that' lYpe
II Cement is difficult' to obtain a I)rpe I Cement may be
used providing the concrete is separated from the soil by
water resistant membranes'
It is believed that aII Pertinent
points concerning the subsurface soils on this site have
been covered in thj-s report. rf soil types and conditions
other than those outlined herein are noted during construc-
tion on t,his site, these should be reported to the Laborat,ory
sothatchangesandrecommendat.ionsmaybemadeifnecessary.
Shouldquestionsariseorfurtherinformationbedesired
please feel free t'o contact the Laboratory'
-L2-
loliorinclf/orc
_rlla
/P-4a
rP'uE
7P3E
rP-G
CE
*"E
i re-o
E
7P-9
CE
7?la /?2
CE
rP'aE
ffi!:i'n]!lr'
[l i H; ii-.'.'J I \ b l,'-tl- -Ltttcout'l
DEVORE
Euslt';g+lTe.e/ 2i/ /oct*bn Ditgt€tt
-r/, /-rb'- 4tn/oP-onl
T88W.T.87 W.
a
Qls
1
1
:
W.
ll;.'
:@
lfA
{!e
7*lt;#
qO
o oo
1oo o
CCatGo
o ao
g o oa
o oo (
o oo o c. oe O S c
o.ooo o oo^o
-o oo g o
o d-ooo o
h;-qo o o o "^"Yo"j""looooo offit o-o oooo oi o oo o
*a*ts*p_o ^-\q.2fo,5-ooslQefi" o^-o oo-o-)#
'-.ffi{ :-Y;1, : I ia: *r;;1.r,gf;:::-Fevi):$5)",-+_^\-rU gv.1.-_:a
],:-r-.',.r'-=. -t ---tr :i-i'f"-t- " r' 1 .'-
"o
j-,2rffi;.','; .'.'.Qo!-:
o."',i
2tffi.J.'.j"'r*
I
LEGEND
Alluvium- sond B growl
Terroce, l" Youngerr 2=older
Colluviol wedge - sloPewosh
Golluvium - grov itY t ronsPorted
Londslide dePosit
Alluviol - debris fon
Bosolt
Eogle VolleY EvoPorite
o 20oo' 4000' 6000
i , , '-l t ' ' I ' ' ' I
gCALE IN FEET
ffi!:'r':l"tll'lli*-iloWutncour't
DEVO RE
'.t8tt%58?;
-
PROPERTYST FINBAR FA
GARFIELD COUNTXCOry FIGURE I.
I
I
SOIUS DESCRIPTIONS'
SYfYlEoL USCS DESCRP'PN
I
I
I
I
ToPsoil
Mon-mode Fill
GW
GP
GM
GC
SW
SP
SM
SC
ML
CL
OL
MH
CH
OH
PI
GW/GM
GWGC
GP/GM
GP/GC
GM/GC
GC/GM
rI SVV/SM
Well-groded Grovel
PoorlY-groded Grovel
Silty Grovel
CloYeY Grovel
Well-groded Sond
PoorlY-groded Sond
SittY Sond
CloYeY Sond
Low-PlosticitY Silt
Low-PlosticitY CloY
Low-PlosticitY Orgonic
Silt ond CloY
High-PlosiicilY Silt
High-PlosticitY CtoY
Hiqh- PlosticitY
Orqonic CtoY
Peoi
Well- groded Grovel'
SiltY
Well-groded Grovel,
CloyeY
PoorlY- groded Grovel
SiltY
PoorlY- groded Grovel
CloyeY
Silty G rovel,
C loyeY
CloYeY Grovel'
Silt Y
Well- groded Sond'
SiltY
swsc U,t;;;'"o"d
sond'
SP/Stvl PoorlY- groded Sond'
SittY
SP/SC PoorlY - groded Sond'
GloYe Y
SM/SC SiltY Sond' CloYeY
SC/SM CloYeY Sond, SiltY
CLIML SiltY CloY
I
I
I
I
I
I
I
I
I
I
I
I
T
..CCK DESCRIPTIONS'
SYMECI: DESCRIPTION
Fii?ffiffi*'o**or.
XII, cLAYSToNE
S\,',BOLS A NOTES'
SYMBOL DESCRIPflON
l#'.3:t'*f.ffiTIilfl'3'iYe-.
t'he sPoon 12" into grouno'
SI 2-t/2" ShelbY thin woll somPle
COAL
A LTMESToNE
1*,*,-l DloRtlc ROCKS
[1J6 Noturol Moisiure Content
[Ilx Weothered Moieriol
Free woter loble
YoNolurol drY densitY
T.B. - Disturbed Butk SomPle
Freewdler
rs' tllx
@ Soit tYPe reloted to somPles
in rePort
Top of formotion
6Test Boring Locolion
EE Test Pit Locotion
#seismic or ResistivitY Stotion'
Lineotion indicotes oP-Prox' ,
lenoth a orienlotion of sPreoo
i! I s"itrnit , R= ResisiiviiY )
Siondord Penetrotion Orives ore mode
;;;t'rt"; o stondord t'+" sPlit sP.oon
;-"Ji g g illl i*q'ft +'*'L:i "
P P i n s o
des. D- 1585.
i;ili;rtH':i,:#sr'ttilfl
f ill.
The boring logs show subsurfoce conditions
;i'ih;i;i;;;nd locotions shown 'ond'it
is
:l',itrf l,li3'1"*ll'";;;:1""!f"""':'"1if"'
ond times.
$i PHYLLITE
, ,'_)r I
;^\7i sLArE
; : Other MetomorPhic Rocks
il1$s^IB|*15-"Jfl Sr'''-'*
Grond Junctioq.- !:9::!9!
I
I
I
I
I
/L/t/nlly C/tY,
7'o2to;/'/, Hatkt
&P,dY
zdtl
Zd'te4,
://y ZbY,t-t.'-.tt.Z R*l'l ,.lo;1 ledvT
AP
.4orA/
frlldd
&rteu(
itdtLsr
&silY,
loc/.
da il'
Rd-.gtu'r".Z
z I *lr;rn
St td
Z-.^/gS
gasly,
Hoit
6P
*orly
Oraled
"*&/al
1t
'c7,
t*//-r.a.1'7.2I -;carfedt I e.u*ta.4'l'0 ,{cdthet
nrri*,
//b.3/.,4.,'no/44
-tadcr<dlobb/a
o
Jcttlbrcd
za4//es
q lrtiY./rt'I
I
t-
UJ
trl
l!
2
-t-(L
tdo
ooGi60. ooCRADo sPRlNGs t
;;;;;;, euexwoo 9.::jll::'ldr-iarlu-Ulry
UtttCOUft
DeVORE
?[3'J6*.13i;D R ILLING LOGS
TEST HOLE NO'
TOP ELEVATION
I
I
I
I
I
I
I
I
I
I
I
T
I
I
3
Zrtd/
6P
,u/y
&rdd
errt'al
*ditet
,*tsi/Y.
,!ai#,
L
loesd/
y'arctai/
c///z
az/rt3;/& 6bY.g4l, a:eJT
,ea*/'rt
4raAd
&atp/,
r.8.
';*t;r"ti/* cb/,*-fi &'it
Rd-Broorv?
.ltztJY
T3-il^.4.6
tVzaoai
zr*bkr
i.eoe/&s
7,8.ffi4
-
dtnPtV: ,t'aa' ty'tlerlr/4alu'sa/adZob6/65
r,E.-7rcc' a).r?3aae.
7?.t
4
A/(i/€.Utt,
€-A/.J /
&t/tcs
! /zal,/.43t-
#"fie/
o
a.
I
F
ur
UJE
=
Fc
trJo
6Lo'RADOt oOLoRADo SPRINGS I
puieuo , eLEt{wooo -s-llll:: ''"ilN; ju-Horror , toNTRosE t
i vo u iH o : R o !-I-9.1!.1!il!9-
urucouH
DeVORE
EilGINEERS'
oEo uog tstsD R ILLING LOGS
5II;lroLL
IE
F
IE'L
IE
[l[
lI
4
,*-,'G',"'"''lzt"''
fqry;/
dP
,W/f
€rdd
rnw(.*Ji-,
*,tti{t
t{is/,
t/t//-
y'oAa/
@
/oPsai/
ZL,/.Z,
.g)1r2.c/ar.t%.
tt.tt trA.?'h9 a2*/ /h,i{
z
4P?er/YHd
fu?81
tr'cll'
i.r/dr
bP.fur/y&tdcd
Zr-al./61
v: Frae' ua*cr
t/a//-
,<add
keaa
7.4.4
t*13..5.t
44b/.5iafue{/t>=: ,fi3'uk
.:fuifc,
-*det A/uan>uj'o
b 6obbbtr{
.&ar/dar.g
a
a
Flrl
lr,lr
Z
It-
o-ulo
couonaoo: coLoRAOo SPR|NGS '
PUEBLO . eLENwooo sPRlNGs 'tilno junortor , Bot{TRosE '
wYoMrIo: ROCl( sPRlNG9
LINCOLN
DeVORE
ENCtNEERs'
GEOLOG I3T3D R ILLING LOGS
Ia?EST HOLE NO.
OP ELEVATION
I
I
I
I
I
/olnlroIt-L
IEL
lE"LIt
rl[
lrE
zbts)/
eZr//YZLil Z/tur.3jl. Uct
tr-
,rlGttr't't
tB.
tF&
tdo
=
Fur
UJir
t
6
1
Z
6-$'RA Dil co LoR ADo sP RlNGs,
.Jitio , oLEHwooq^:.lIlI:: ':;;-*; iu-rrcrron , tloilrRosE 'iv6uino: RooK sPRli{69 -
DeVORE
[t3'Jf.1si;
U ttt CO I f't
D R ILLING LOGS
---- ---'--
I
SUMA,IARY SHTET
Test No. 6'l-9t"
Lo"ofion 'S/'F''abt #
go,,. - r/cz/Zo
Te* bY 484
Soil SomPl u 3''/* Z/'Y 't 'l
Noturol Woter Content (*) ?!: V'
'Spl"in" GrovitY (Gs) z'za ln ''loce DensitY (ro) P"f
Plostic Limit P .L'- 1!, "!iLiiliiii;;;i;@Filli'['?r"ii,i"iryrlqsrler./ rrrvv,\ '
-
zrc "t"Shrinkoge Limit-
Flow I
Shrinkoge Rctio r,
Volumetric Chonge ',
Lineol Shrinkoge
MOISTURE DENSITY: ASTM METHOD
Optimum lvbisture Content - n" Y
X^Hi;; 'o.r- o'"'rt v -ia.-'-P.,t
ffirti;;;i; #orins R;tio,!"'1i
Swell oYl-i
Swell ogoinst-Psf Wo goin-----7"
BEARING:
Houset Penetrometer (ov)-'Jsf-
ij""l" ri*J bo.P'"ttion' (qu)-pf
Plote Beoring: P)'
lnches Settlement
Consolidotion
PERMEABILITY:
o/o under Psf
K (ot 20oC)
void Rotio
Sulfotes /&'PPM.
SIEVE ANALYSIS:
Sieve lrb.
l
4
I
2
4
I
HYDROMETER ANALYSIS:
Groin size (mm)
--
1z'q.
.oci zo'l
Ll NCOLN-D"VOR E TESTI NG LABORATORY- LouoRADosPRlNG@SOIL ANALYSIS
So11 SamPIe
ProJ ect 5/' Fthnber
Samp1e LocatLon r't'/ 1'D4'#
Test No, 63 -98?
Date -J ?
Test bY 6€6
o0l
,al
rol
,oi
60
50
40
30
I
EoH
E
)'t
@
&
FIzHfr
Hz
frlUfrfrl
o.
IO
0
SILT TO CI,AY
Nonplastic to ifBEtk
#lm {200 - Sleve No.
sieve size % Passlng
Speciflc Gravity
I
lrlolgture Content - 'lO
Effective Slze
Plneness lilodulus
L.L. $ P.I.JVCJ;
BEARING JAAA Pgf
I
1,'
3/8" lo.Z
su::t*ee- l,4ry'tbc DW
I-,TNCOT,U-DCVORE TE TING IABORATORY
COLORADO SPRINGS, COLOR'ADOGRAIN SIZE A}IALYSIS
LANDOWNERS' CONSENT TO REZONING
TO:The Board of County Commissioners of the
County of Garfield, State of Colorado
The undersigned, J E Properties, a colorado general
partnership whose general partners are Jack W. Jenkins and
Eleanor A. Jenkins, is the record owner of the property
described on Exhibit A hereto, which property is sometimes
called St. Finnbarr Farm. Jack Jenkins has filed an appli-
cation for rezoning and subdivision and P.U.D. approval.
The undersigned hereby consents to the rezoning of st.
Finnbarr Farm as requested in the apptication filed by
Mr. Jenkins and any amendments thereto.
Dated: October 29, 1979.
B!y. -..-.,. ., t t.rr,l- .. .. ..,,.. t J r'-, .-, r -t
="ETeanor A. Jenkihs, General Partner
hs, General Partner
O
I
I
o
LI.GAL UESCP.I PT IO}{:
A tract of 'lan'J situat'e ;;r Section 3l ' Tovnsh'ip
llest of the 5r; p;in.ipui iieridiart, being nrcre
7 Sou th , P'ang e 87
particularlY des-
cribed as fcllows:
Beqi.ning ai a point on the existing southerly riqht-cf-r'ray-fence line
of co.loraJo S:ate tlignvray.ilc..,32 n,',ln.u "ile
northiu't totter of sa jo
section 3l bears il j;. l5'..l8"-'..j ,96.60 ,..t;'tuonce s 79" 55' 30" E
1962.94 feer aiong saio exisrirrj t.r..t".iy .i9;i:;;-v6v f ence I ine-of
colorado srare ii.,ir,u,uy iio., t2 ;; ; poinr -on tne v'esierly bouncary rine
of a parcel "f i;;; lescritu. "1.!'pu..icrlariy as Excepticn "Arr in
Receptiorr ito. 2i3i'12 of tne reclrrr'oi aiq.Cleix ano Reccrcer's cf f jce
6arfield ccuniy, cojoracol ri-;;;;"i ib"-j0'5ts" iI .134'.15 feec aicni
said vresterly; tou.cja:-y li"" ri"i*.lpaion "11"-o; P'eceptiorr I'c' 2431.,2
to tlre southerjl' bounciary 'tine oi said Excep;ion 'rA{ of Recep:ion
iio. ?43\12;'-i,"n.. s 7>" l.r'- jzI -i't,'i-i?^ltJt along said scu:nerlv
boundary i i,,* ii-ir..oii.:o11 . "Ai of iiecepti on ilc. 2'13112 io a poi r':
on the exist,i"n'.,n"ra".i:r.ig,,i-lr--ruf i.n.1 -line ot a co'r.ty roac;
thence a.lo;rg sli; exis.ing weiierly iign-'-ot--v;a-v f ence I i;:e 'ul-'e
follcvri,.,9 ."rrl.i:-'S uCo-l l''iir"'i; eZ7'lq fee:; -"lence S u'3o 56'
29" l{ 117.71f;;;; ...:'l.. S ]i" ?7' 27" "i
lcC{'13 feet; :rence
leaving sa',u "iiiii"i-"t'te1i-r' r-r9n1-9f.-.v'ia-v fence line S 23" rC'
?q,,,; a0.iB feei;.u:-.ence S 3"" ii;.1r"'J a:.iO f<et t-o a poir-'" oil
the cerrier of tr.e koaillng Forr. F.tve:'; *'hence alcnq lal:.cen:er ot
the RoarinS f.rl-xii'er ... fcllcvrin3 cc'JrSes: ;i ri3o t7' 3C" il
5b,79 iee"; iilsiice il b3o t'' -t]; n -tt 9 '3? f ee--; :nence ll 66" 5C'
la" ',i 203.19 f eeL; '-::nce ;i 73; lJ' zl " il 2" 'L? f -u''; ihence :i a:"
2:i' 2C" ',1 257.?Z fcei; tnence ,i t7" 4'l ' .l9" ;; :2J'.l6 feet; t:'en'-e
il gtJo jJ, j5', i J;c.l Z i=ea;-:r,"n.a ii o5o :9' 25" li 120'.i5 f:e'- '-c
the east iine of Lo: i4 in tu'lr-i..:',cn 3'l ; '.Lence i' L!" 3l' !;" :i
293..io feet, ejo:rl saio eaSi jine 9t Lo.'- l4 to t'ie so';t;r ].ine cf Lc:
I3 of saio Se.i,ion Jl; i::3'rce'S-ao" gi' 'iC" :'l r39'39 fee: aiong sate
sor.rih line cf Lct l3 icr --ra so;inhesi ccrner cf saic Lc:'13 alsc
beirig a pci,,a on-Lne v.3s'- I ine oi satc seciicn 31; Il]ence li 31" :c'
ai" E l?i3.gi i.e; i]tni saic r;est Iine of Sec'-icn 3l ic::e sc'i:n
line of Lor i7 cf sarc 5ac;ion 3l; '-i.ence ii tJ' 1'l ' c7" Z 47.i'33
feet alcng saic sou'-n'li:re of Lcr l7:c i:e soutireast ccrner of
saici Loi tZ;
-ireicu-i, ;r" C3' ja" E 1?7e .72 f ee'- aicn3 ire eas:
iine of said Loi 17 to iiie point of beginning, co.,tain'ing i4J'
518 acres rnore or I ess -
HXHI Bfi a-
LANDOWNER' S CONSENT TO REZONING
TO: The Board of County Commissioners
of the County of Girfield, State of Colorado
Theundersigned,TrudiPeet,formerlyknownasGertrude
L. Janney, alSO known as Gertrude Lamborn Peet, is the record
owner of the property described on Exhibit A hereto, which
property is sometimes called St. Finnbarr Farm. The property
is under option to Jack Jenkins who has pending before you
anapplicationforrezoningandsubdivisionP.U.D.approval.
I hereby consent to the rezoning of st. Finnbarr Farm as
requested in the application filed by Mr. Jenkins and any
amendments thereto.
Dated: Augus L 13 , L97 g
-'--E/-
Gertrude L.
as Gertrude
Janney, alson known
Lamborn Peet
Peet,
LEGAL UESCRI PT IOII:
A trac.. of land situate i;r Section 31, Tct.rnship 7 South, P,ange 87
l,lest of the 6rh p;i;;ipai i.leridiair, being nrore particulariy des-
Beginning at a point on the existing southerly right-of-i'ray fence line
of ColoracJo 5tate tl'ignvray ilo.32 wtlence t'he norihwest corner of saio
Section 3l uears-N j;'l!'ltl" ij i9u'6b f:et; tirence S i9" 56'30" E
lgsz.94 feet aiong saio existirrg routno.iy right-of-way fence line of
colorarjo srace tlrqhvray iio. s2 i; i point, -01 the vresteil{_:::^uarv i'ine
of a parcel of lan,l ,..:lsclif,uo "i." particuillly as Except'icn '!rA'{r in
Reception ilo. 24-tll2 of tne recirCt'ot i,he CleiX and Recoruer's cffice
Garf i eld County, Co j oraoo; t,hence-i .i0" 30' 53" il .I34
'
.l5 f eec a'icnq
said vreSter l;; i"ou:rcary l'ine of E^cepti on "A" of ReCep*'ion i;C ' 2431i2
to ilre soutneri_v.-iirniur"y l ine of said Excepiicn "'r'r of Recepi'ion
iio. 243112; irtence S 7v" ':4' 32" e ';!t7'2v feet alonq said soul'nerly
bourrdary i i,,e oi-ixcepi,iorr "A" of iieceptiorr. ric' 2431.l2 "o
a poii-r:
on i.ire existinq *oir.i^i-, rig;rt-of-*ay iunce'-line of a cc'''rrity ro'rc;
t,hence a'long siiO existtng wesieriy ri,;ti!-of-v;av fence 1:tt^l':.,
follcvrinq ciu.sesr S uC" ll' Z9'"t;'t'?7.''4 fee!; ii:ence 5 uti- !b'
29', H 1li.i4 fee!; t,nence s li" 37' 27" !,1 lcc4.l3 feetl t,hence
leaving Sai,r eiisii,,",. westeriy ri'.-:nt-of -way fence I ine S 2 : 1C'
?1', '; a,;.ra feet; t.ence S 3c' C4i .11" lJ 45..i6 feet to a loir't' oit
the cetrier or:tu Huuaing Forr. F;il'er; thence alcn'.i salC ce*ter Ot
the Roaring Fcrk !iiver lie fcllclrin? ccurSes: ;i Uao 57' 3C" i'l
5b.79 fee."; tnEirce il b3o a9'4;i" ii:tg.lZ fee:; :nence il 66'50'
lA,, ii 203.39 feet; ther:ce ii /'jo 33' 21" i{ 'liZ.CZ feet;
"herlce
;i eio
25' 20" ',1 ?57 .?? f eei; thence ,i L7" 41' .i9" ;i lZJ' .l8 f eet; t:'ence
il Bii" ]J' j5":,1 Jio.l2 fret; t,l-,ence i{ 65o i9' 25"
"1
120..I5 feer-'-c
the eaSt Jine of Lot i4 in Sa'iil S-:c'"icn 3l;
"hence
ii Lio 3l' C0" il
23J.'10 feet alonll saio eaSt l'ine ct Lot j4 to tie sc'-rtir iine cf 't'c:
l3 Of sair: Sectlon il; i:,:rce 5 aa" 3i' 4C" i,l L)9.'n9 feet aion-o se tc
SOu'.h line of Lct '13 tc, :,re SOuinwest corner Of SaiC Loi '13 alsC
beilig a poini on tne uesl 'lirie oi salC Sccticn 3t; tnence )i 03' :C'
33" E 1213.91 f eei al cnc sa i c r;est I 'i na of Seci.i on 3l tc -;le Sou:n
I irre of Lot r7 cf saiC :.c;ion 3l; thence ii 69" I I ' C7" Z 171 .33
ieet aiong saiO soui-n li;re of Lot l7 -'.c t.ie so'Jt,ireaSt ccrner of
saici Lot l7; tntr;ce ii';0" CC' iA" E 1?i6.72 f eet a'ion3 t.i'e east'
iine of saicl uor j7 to iire po'int of beginning, coirtaining i43.
518 acres more or less.
of
EXffiBIT */_f__
SECOND
DRATT T'OR
REYIEW & COMMENT
October 29, L979
MASTER DEACI,ABATION
oF covENAt{Ts, coNDrTroNs A}iD
RESTRICTIONS OF ST. FINNBARR TARM
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TABI]E OF CONTENTS
ARTICLE I
DEFINITIONS
ARTICI.E II
DEVELOPMENT OF ST. FINNBARR FARM
Page
RECITAIS
DECLARATION
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2.01 Subdivision and Development by Grantor
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4
3.01 Antennas . .3.02 Insurance Rates3,03 No I'urther Subdividing
3.04 Signs
3.05 Nuisances3.06 Repair of Buildings3.07 Improvements and Altefations3.08 Violation of St. Finnbarr Farm3.09 Drainage and lrrigation3.10 No Hazardous Activities3.11 No Temporary Structures3.L2 No Mining and Dri1ling3.13 Vechi-cles
3.14 Construction Activities3.15 Exempti-on of Grantor
ARTICLE III
GENERAL RESTRTCTIONS
aa
a.
Rules
Open Space
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.6.6.6.6
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8
9
9
9
9
ARTICLE IV
PERMITTED USES AND RESTRICTIONS
RESIDENT AREAS
4.01- Residential and Residential4.02 fmprovements and. Use4.03 Residential Use; Rentals4.04 Animals4.05 Unsightly Articles
.7.7.7.8.8
ARTICLE V
PERMITTED USES AND RESTRICTIONS
OTHER AREAS
5.01 Residential Open Space Area andDistrict
5.02 Commerical Area5.03 Reserved Agricultural Area
Common Open Space
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6.01 Organization
6.02 Membership
6.03 Voting Rights
ARTICLE VI
FINNBARR FARM ASSOCIATTON
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6.O4
6.0s
6.06
6.07
6.08
6. 09
9. 01
9.02
9.03
9.04
9.05
9.06
9.07
9.08
10.01
10.02
l-0.03
l_0.04
10. 0s
10.06
Page
10
11
13
16
L7
L7
TABLE OF CONTENTS CONTINUED
Meetings of Members . . .
Duties of the Association
Powers and. Authority of the Association
Indemnification
Assessment Benefiting Specific Areas
Diseased Trees
ARTICLE VII
ASSOCIATION PROPERTY
7.01 Use
7.02 Damages
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19
20
20
20
2L
2L
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2L
22
22
23
23
23
23
24
24
24
24
24
25
2s
25
25
25
26
,.V- Yqllq:rss
7.03 Damage and
ARTICLE VIII
ARCHTTECIURAL COMMITTEE
8.01 Members of Committee
8.02 Grantorrs Rights of Appointment
8.03 Review of Proposed Construction
8.04 Meetings of the Committee
8.05 No Waiver of Future Approvals
8.06 Compensation of Ivlembers
8.07 Inspection of Work
8.08 Nonliability of Committee Members
8.09 Variances
8.10 Obligations With Respect to Zoning and Sub-
divisions
ARTICLE TX
FUNDS AND ASSESSMENTS
St. Finnbarr Farm Maintenance Fund
Regular Annual Assessments
Special Assessments
Late Charges
Unpaid Assessments as
Mortgage Protection
Effect of Amendments
Subordination
Liens
on Mortgages
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ARTICLE X
MISCELI,ANEOUS
Term
Amendment
Notices
Interpretation
Enforcement and.
Construction
Nonwaiver
oF covENAN'Sli3ilr?fii3ftffi$3**ur r*rcrroNsOF ST. FINNBARR FARM
THIS MASTER DECLARATfON of Covenants, Conditions and Restric_tions of st. Finnbarr rur* is made this day ofL979, by J -E.properties, a Colorado general partnershi!1,ilack w. Jenkins ind E1ea""r-a.-JJiiir,", general partners (,,Grantor,,)
RECITALS
A. Grantor is the owner of the real property in the countyof Garfield, State of Colorado, ,friln is more particularlydescribed o! Exhibit I'At' attacrrea--irJi"ao and by this referenceincorporut:g herein, rir-i"n a.".iiu.a-reat property, rogether withcertain additional landsz ds hereinafter provided, is hereinafterreferred ro as ,'st. rinnuarr F;;;";; ,,the Farm,,.
B- st- Finnbarr Farm is an area of natural beauty, featur_ing distinctive t"ti"i"- rt is the desire and intent of Grantorto create a community in which =r"t, f,eauty shall be substantiallvpreserved and, for the enjol*".ri-i'a-"or.,venience of the personsliving on the Farm, .r"rru.r."d by the insta:.ritiorr-and operationof recreational una rimitea "o**.="i.r facilities. Thesecovenants, conditions and restrl"ti""", all of which are herein_after included in the i"r* ,,Master Oectaration,,, are intended tosecure such objectives.
DECLARATION
Now, THEREFORE, Grantor hereby declares that st. FinnbarrFarm is and shall rrenc"itrth be-ow;";, 1eia,. .""r"i"a, encumbered,,leased, improved, ,r""d,-o"c,rpied and enjoyed subject to thefollowi'ng covenants, conditil"=, i"=tii..aio.," and equitableservitudes in furtherance ot, and, trr"-""*" shalr constitute, ageneral plan for the subdivisi;;; Jrier"r,ip, improvement, sa1e,use and occupancy of the Farm, and, to enhance the value, desir-ability and attracti'veness of the Parm. This Master Declarationshall run with the ru*-a"a arr !artl"'th.r.of , =fr.if be bindingupon all persons having or acguiiing any interest in the Farm orany part thereof; sha1l inure to the benefit of ana- be binding|Pon every part of the
'arm and every interest-trr"r"i.r; and sha11r'nure to the benefit of ' :u*l:lllli-i,po.,, and be enforceable byGrantor, his successors i-n.inter"st, each owner .rrJ-ni= successorsin interest' and the a="o.i.t:.on ina it= successors in interest.
ARTICLE I
DEF'INITIONS
unress the context otherwise specifies or requires, thefollowing words ""a-pir-t"Jes when ,rroa-ir, this tr,taster Declarationshall have the meanings herej_nafter speci_fied.
1. ARCHITECTURAL COMMITTEE (hereinafter sometimes;:;Hi:H;i ;::::rT";; il" commitree creared pursuint to
2. ARCHITECTURAL COIvIMfTTEEE RULES (hereinafter sometimes'rcommittee Rures"l-"h}r-i.u' the rules adopted by the Architec_tural Committee pursuant to Section g.O3 hereof.
3' ARTT.LE' sha11 mean the Articles of rncorporation ofthe st. Finnbarr Farm Associatio., ,rri"i'rr.r" been or will befiled in the office "r--trr"-secretary-oi st.te of the state ofcolorador €rs the same-*iy-trom ti;;'to time ue amended.
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4. ASSESSMENTS shall mean assessments of the Associationand includes both regular and special assessments. An ASSESSMENTshall have the meaning set forth in section 6.06A trereof.
5. ASSOCIATION shall mean St. Finnbarr Parm Association,the nonprofit Colorado corporatj.on described in Artlcle Vr hereof,and its successors.
6. ASSOCIATION PROPERTY shaIl mean all real and personalproperty now or hereafter owned by or leased to the Association.
7. BENEFTCTARY shall mean a mortgagee under a mortgage ora beneficiary under a deed of trustr ds-the case may be.
8. BOARD shall mean the Board of Directors of the Associ-a-tion.
9- BYLAWS shall mean the Bylaws of the Association whichmay be adopted by the Board, as such Bylaws may be amended. fromtime to time.
10. coMMERcTAL srTE shal1 mean any unit of 1and, whetheror not improved, which is designated for Commercial Use. If suchCOMMERCIAL SITE is shown on a recorded Subdivision plat, its sizeand dimensions shall be as shown thereon; and if such COT4MERCIALsrrE is not shown on a record.ed subdivision pIat, its size anddimensions shal1 be established by the Iegal description in theoriginal recorded conveyance from Grantor to the first fee ownerthereof. A COMMERCTAL srrE may also be established as such byGrantor: by a recorded instrument wherein Grantor designates aunit of land as a COMMERCIAL SITE.
12. COMMON OPEN SPACE DISTRICT Or COMMON OPEN SPACE ShA1lmean all areas designated. by Grantor as thereafter to be heldfor open space, agricultural purposes or recreational purposesfor the benefit of all Members.
j.
13. cusToM HOME LOT shall mean each of the Lots designatedfor residences on the plat of The St. Finnbarr Farm Subdivisionwhen recorded.
L4- DEED oF TRUST shaIl mean a mortgage or a deed. of trust,as the case may be.
15. GRANTOR shall mean J E properties, a colorad.o generalpartnership, and its successors in interest.
16. II4PROVEMENT shal1 mean every structure and all appurten-ances thereto.-of.gygrv type and kind, including but not limited tobuildings, outbuildingsr-patios, tennis courts, swimming poo1s,garages, doghouses, barns, riding arenas, stables, mai16o]<es,aerialsr drrtennas, roads, drivewiyr, path-ways, parking areas,fences, screening wa1rs, retaining *"irs, stairs, decks, land-scaping, hedges , wi-ndbreaks , pranf.ing, pranted trees and shrubs ,poles, signs, exterior air conditio.i"gl water softener fixturesor equipment, .ld polesr pumps, we11s, tanks, reservoirs, pipes,lines, meters, towers and-other faci'lities used in connection withwater, sewerr gdS, electric, telephone, regular or cable tele-visionr or other utilities.
17. Lor shalr mean any unit of land with is designated onany recorded subdivision p1at, whether or not improved, for a
_"11919:family residence or Townhouse unit. Lor includes cusroMHoME LoT except where the context otherwise specifles or requires,and except that special provisi-on with respect to the voting
11. COMMERCIAL USE shall meancluding any activity involving the
any office or business use, in-offering of goods or services.
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rights of owners of cusToM HoME Lors, with respect to assessmentsagainst CUSTOM HoIt{E LOTS and with respect to the use of Associa-!i"1. Property by owners of cusrol,t Houe Lors are set forth inSections 6.03A, 6.06A and 7.OI respectively.
18. MANAGER shall mean the person, firm or corporati.on em_ployed by the Association pursuant to section 6. O6E -and delegated,the_duties, powers or funclions of the Association pursuant tosaid Section.
19. IIASTER DECLARATIONshall mean this instrument astime.
20. MEMBER shaIlAssociation pursuant to
2L. MORTGAGE shaIlto secure the payment of
22. NOTTCE ANDgiven as in Sectionthe person to whomtunity to be heard
24. PERSON shall meanentity with the legal right
(herein sometimes'rDeclaratj.on',)it may be amended from time to
mean any person who is a memberSection 6.02 hereof.
mean any mortgage or deed ofa debt.
a natural individualto ho1d. time to real
of the
trust given
23- owNER shal1 mean (a) the person or persons,Grantor, holding an aggregate fee "i*pi" interest inland or a Townhouse unit r otr Ers the Lase may be, (b)chaser of an aggregate fee simpre interest-"i; ;-;"i;'a Townhouse unit under an executory contract sale.
HEARTNG shalr- mean ten days' written notice10.03 provided and a public hearing it ,fri"tthe notice is directed shall have tfile oppor_in person or by counsel at his "*p"rr"".'-
including
a unit ofthe pur-
of land or
25- Pr.ANs AND spECrFrcATroNs shalI mean any and all docu_ments designed to guid.e or control the rmprovement or otherproposal in question, including but ""t limited to thoseindicating size, shape, conflgf,ration or materials, arl sj_teprans, excavation and grading pIans, foundation plans, drainageprans, landscaping and fenciig-ptansr-eievation drawlngs, froorplans, specifications on all building products and. contructiontechnigues, samples or exterior coloi=-r-p1ans for utility ser-vices, and arr other documentation or information relevant tothe Improvement or propo=i1 in questi";.
PUD PLAN shall mean the Planned Unit Development planby Garfield County for St. Finnbarr rar^-
26.
approved
AND RECORDATION sha11recordation of suchRecorder of Garfield
or any otherproperty.
mean, wj-th
document i-n
County.
any portion of St.and the Reservedof the Owners and
27. RECORD, RECORDED,respect_ to any document, theEne ottice of the Clerk and
28- RESERVED AGRTCULTURAL AREA sharl mean any portion ofSt. Finnbarr Farl.owned by, Crantor; provided, however,, that sucharea shall be subject to irre restricliorr= set forth in section5'03 and that access to the area or facilities thereon may belimited to dues paying members, non-members, subject to fees andother chargesr of otherwise conditioned or restricted, and madeavailable to new members, all or, "r.h-t"*= and conditions asGrantor may determine.
29. R.ESTDENTTAL OPENFinnbarr Farm, other thanAgricultural Area, for the
SPACE sha11 mean
Common Open Spaceprimary benefitarea.
3
occupants of a particular
30. SI. FfNNBARR FARM shal1 mean all that real propertydescribed on Exhibit riA,, to this Master De.c1aration.
31. ST. F'INNBARR FARM MAfNTENANCE FUND shaltcreated for the receipts and disbursements of thepursuant to Section 9.01 hereof.
mean the fund
Association,
33. SUBDMSTON shall mean a parcel of land which has beenshown on a final and, recorded suuaividion plat pursuant tothe Garfield County Subdivision Regulations.
32. ST. FINNBARR FARM RULES shallby the Board pursuant to Section 6.05Famended from time to time.
Townhouse Units.
35. TOWNHOUSE SITE shallfor Townhouse Units on the platdivision when recorded.
mean the rules adoptedhereofr ds they may be
mean any unit of land designatedof the St. Finnbarr Farm 3uU-
34. ToWNHoUSE BUILDING shall mean a building cont.ainlng
36. TOI{INHOUSE UNIT sha1l mean only a residental townhouseuni-t.
ARTICLE TI
DEVELOPMENT OF ST. FINNBARR FARM
sBcrroN 2.01 subdivisi-on and D"vel@. Grantorinten
=, to developsome of said areas as residentiar and commercial sites and, todedicate some of said areas as common open space and ResidentalOp:" Space upon subdivision approval by Garfield county, Colorad.o,and-to-place certain restrictil.r" ,rpor,'the use of the ReservedAgricultural Area, for the benetit 6r trre developed area, inaccordance with a,puD plan for the Farm and as piovides herein.rt is contemplated that the Farm will be devel"i-a pursuantto such PUD p1an, in which the development of, and restrictionsuPgnr- each portion thereof will benefit each other portionand the whole thereof.
ARTICLE IIT
GENERAL RESTRTCTTONS
All real- property within st. Finnbarr Farm shall beowned, he1d, conveyed, encumbered, Ieased, used, occupiedand enjoved subject to the followins ii*ii"ri;;; .iI-r"=trictions:
^_--- . Except for any which Rdy, atGrantoils option, be erected by Grantor or Grantorts designatedrepresentativer I'Io exterior radio or television antenna or aerialshall be errected or maintained in st. rinnbarr Farm without theprior written approval of the Architectural committee.
sEcrroN 3.02 rnsurance Rates. Nothing sha1l be done or kept:-n St
"r."J" the rate of insurance onany Association- Property without the approval ,cf the Board, norshaIl anything be done or kept i-n st. iinnbarr Parm which wouldresult in the cancellation of insurance on any Assocj.ation pro-perty or which would be in violation of any 1iw.
sEcrroN 3.03 No Further subdividing. No Lot, common openSn."" Agricultural Area, Town_house unit shall be iurther divided or subdivided, nor may anyeasement or other j-nterest therein less than the whole be'conireyedby the owner thereof without the prior written approvar of theArchitectural committee; providedl ho*ev"r, that when Grantor isthe owner thereof, Grantoi *.y further divide and subdivide anyLot or the Reserved Agricultural Area and Townhouse unit and
convey any easement or other interest less than the who1e, allwithout the approval of the Architectural committee; and provided,further, that nothing herein shall be deemed to require theapproval of the Architectural Committee for the trdnsfer or saleof any Lot, including Improvements thereonr or Townhouse unit tomore than one person to be heId. by them as tenants in common orjoint tenants r or f or the grantin-g or any mortgage or deed, oftrust.
sg:T*?ir:3*91,s+ff: ,N:, sisn of any kind shall be displayeds+ st/rto the puffiut the ipprovalt of the ArchitecturalCommittee; provided, however, thll signs not more than three feetby two feet of plain white with brack block letters may be dis-played on or from a residence advertising the residence for saleor lease. No flashing or movi-ng signs sial1 be permitt"a on st.Finnbarr Farm.
A,^^11tP9tI$ 3.05 Nuisances: No rubbish or debrj.s of any kindshaII Ue to accumulate upon any propertywithin st. Finnbarr Farm and no odors shalr ie p.i*i-tt"a to arisetherefrom so as to rend,er any such property or any portion there_of unsanitary, unsightly, oftensive or detiimentai lo any otherproperty or ot its occupants. No noise or other nuisance shallbe permitted to exist oi operate upon any such property so as tobe offensive or detrimental to any'other property or to i-tsoccupants. without limiting the generaliiy Lt u"y-"t the fore-golng provisions, no exteri6r =p"it.r=, horrr", whistres, be11s orother sound devices (other than security devices used exclusivelyfor security purposes) shal1 be located, used or placed on anysuch Property without the prior written approval of the Board.
SECTToN 3'06 Repeir-of Buildings. No rmprovement hereafter.or"t innbarr Farm sha1l be per_mitted to fall intg-disrepair, and each such rmprovement shal1 atall times be kept i-n good condition and repair and iaequaterypainted or otheiwise iinisnea by tr,"--orrr"r thereof .
sEcrroN@ and Alterations. There shall bero co section 3.06above, excavation, alteration which in any way alters the exteriorappearance of any Improvement, or removal-of iny tmprovement with-out the prior approvil 0f the Architectural committee.
sEcrroN 3.09 violation of st. Finnba{r Farm Rules. There
"h.11 .. adoptedby the Board and made available to the persons affected thereby.rf any owner or his family-or any guest, ricensee, lessee orinvitee of such owner or iri= ramiry-,rior.t.s the st. Finnbarr FarmRules, the Board may invoke any one or more of the folrowingremedies' ("1 impoie a specJ-al charge upon such owner of a rea_sonabre amount as determined by the eoara for each vi-olation;(b) suspend the right or-=u"r, o*rn", and his familyr gu€sts,licensees, lessees and invj-tees to use Associat:-oi'eioperty undersuch conditions as the Board T.y specify , for a period of not toexceed thirrv days for each vioiatio"i-i.l cause the violation tobe cured and'chaige tn"-"o"t thereof to such Owneri and (d) obtaininjunctive relief-againsi-the conti-nuance of such violation. Be-I"I: invoking any such remedy, the eoaia shalI give such ownerNotice and Hearing_except thit the so;rd may suspend the right ofany owner and his f_amilyr guests, licensees, lessees and inviteeswithout Notice and Hearirg-for any p"ii"a during which any Assess-ment owned by such owner i= past dul ana unpa:_ai o;, assessmentor charge imposed under this sectj-on i.og wiricr, ,"..ir,= unpaidfor a peri-od of ten days or more, shal1 become a 1i_en upon theGunerrs land or Townhouse unit upon it; incrusion in a recordednotice thereof and may be collecied is provided in Articre rxbelow for the collectLon oi other Assessments.
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sEc%inter6e".
"ll"l;,il:li"l. nopatternse.r.;;; iiii:3 I.3il:::.l,Hi:i:"uii i;:,tii i::ilH::#1"and irrigarion u;d-;;;rovla uy [rr" ar"r,itecturai committee.
SeCff OU S. f O lfo fiazarao . No activities shalIbe coiEEte<I- onEry proper@"*"rrtJ- constructed onany property which ui".or might be-unsafe or hazardous to anvPerson o= ETontrty' without'i-irili"9 the g.";ruiiry of the ior.-goingr ,o iirluru* shalr f. ai".nil:::^"t:r^u,ry_properry exceprin any portions
"i-trr"'comrnon op.rr*ipu.u or Residental openspace areas aesignat.i to. =[".i-=t,Iotin9 or ,tii" or pisrolf?nge purposes by Grantor, :: by trru,a""ociatioi-as to Associa_Eron property; arrd no op"., firel ,rrurr- be lighted or permittedon anv properrv excepr i' u-;;;;.i.,ra ru"n".i."iiir while attend_ed and in use ior "orLtng purposes or within a safe and well_designed interior rireprice "i-."I"Jt such campfires or picnicfj'res in the porti""="5t trr"-ioi*Ji"opu., space-or Residential:3::.:Iii:".::":"r;:ig:l::1":;iff!:.;:e by Gran,or r or by ,he
SECTfTo.n." ..1:*:::."ilrinick orplaced "pll :"y pr"p;;;;, except thar, subject to the st. F,inn-Darr Farm Ru1es,-teirts iay ue ir""J -io.
overnight recreationalcamping on desig""t"J-poriions oi-cJ**on open space or Residen_tiat open space-;;;;; I.,a "*""p.-.iI. remporarv structuresnecessarv for storage ;i tooi=-J.,i"rnrro*ent aid for office spacefor architects, ouiiJe;;. ;;;-;"I.il.Iruuiine ."trui consrrucrionmay be mainrain"a ruiirr-irr. priJi".ipror.r of Grantor, suchapproval to include the-nature, siz;_ana ro"utiJrr_ot sucn struc_ture.
used , Iiriiiff:.il":lirrr":.exploring for or removin<minerars or anv. r.i"a , i"J*Il'sl;"ll ]
,=iii, ";,*li:':;jiii:i$r ,earth, except tr,at cr"ii"r o. the Association rav, by appropriatewritten prr*it;-;;.;.:"iL.".,="-;; #"m9nr, alroiy rhe drillins ofwe'ls and .h: i";a;1i;ti-on or rr.ii.itririon salleries for rheextraction of tu"ttti-Irii'"*""pt that Grantor or the Associationfrdy, by appropriate'ru.iIt"r, permitr grdnt, license (:iiil"3ill.t;.;ffi-;;';;;i,le .Lti,iti.i-to ir,e "*I."t' permitted by
SECTION;1;nl ililT"tii::: iiie$3:"iii!=:"::::t;:",vehicles , bicvcl"" ,
-*otJ;"tii?
r '*JIiI-i::ii5::; ,,:;ff::.riii;;= " 'and snowmobil6s, ;i.li"ii'.;ou:ect to-ti" sr. rirrr[i* F,arm Ru1es,which mav prohin:-t-'"i-r-iii. tfi;-;=;-tilr"or within specifiedparts of st' rinnbarr
";;;, and whicir- *.v also provide parkingand storage regurations-."a aa"p!--otn", ,rr"= regulating the same.SECTTONtion
""I5iorffiffIrff:r;iilor prevent normal """"ii"Itign i".iJiliu= during the construcrionof rmprovements. uy i"-oriI: rir.i,rjiij*cr.r,tor) upon propertywithin st- rinnbair-rui*"=provided trrit when completed suchrmprovements strari-in-;ii ways conform to this uister Declaration.specifi-ca1lv, rg such constrirctio,-,-iifivities snari-Le deemed to;;":::::l'"; ::1:f;: ;;"; vioraiio;-;; t!r= Masrer Declararion
ml cn i n e r;, -;"
: :i : ;, " ? ""= i;
" I,ii "l ifi , l:, ;:: i:i f , ::, ;:* il:i;ffi ;.such constrircti""-iI-p"r3,ira t"-""*pil.io., _wirh rearonable dili_gence, is in comp1iu"l,"-ritr, "ppii"I6iJ'f"a"r.l, =iit. and local
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laws and ordinances and any rules and regulations adopted pursuantheretor dnd conforms to usual construclio., practices in the area.rn the event gI- ?"y aispute, a temporary waiver of in" applicableprovision prohibitirrg tlmporar, structures., may be granted by theArchitecturar commitfee. 'irovided
ti.ui such ,aiv.r 6nutr u. onlyfor the reasonable period'of such "o.r=t"rr"tion. Sucn waiver fidy,but need not, be ,"L".a"d o. in recordable form.
s'crroN 3.15 Exemptior of crartol. Notwithstanding anythingi" tt' dty, ne'ther Grantor norany of Grantorrs activities sha1l in irry way oe subject to thecontrol 0f or under the jurisdicti"" Jr trr" Architectural com_mittee' without i" ""v i"v ,_imitinj ah" generality of the pre_ceding sentence, this ltu=t"" Declarition sha1l not prevent orlimit the riqht of c.""t", to excavate-and grade, to constructand alter driinag" p;al;;;= and faciliti€S, t" """=trucr any andall other types of i*p"or"*ents, to maintian model homes and, con_struction, sales and ieasing offices ;;d similar iu"iriti"", andli#;::.=li"inl"cia""iii-t" construcrion, sar.es and leasins,
pERMrrrE, 3#ltlfir'Lrr*rcrroNs
RESTDENTTAL AREAS
SECTION 4. 01 Residen.P'"n" " 3i:"space and Residential 0p." space in such residentiil area) sha1lbe improved and used-";i;Iy to. ,."iJJntiur G;;-"*".pt rhar anycommon open space and n"=ia."ti"i-6;; space in sueh residentialarea may be improved and used r"t iitirre and passive recreationalPurposes for the primarv benefit oi ah; owner! and occupants ofLots and Townhousi sia;; i" such residential area.
.
A' No Lot shal1 be improved or used except by a dwellingor structure designed to accommodate no more thln a single familyand its servants ina occa=iorr.i-g""=t=l plus a garage, fencing and::"3 :iffi"l?Hiff-::S.*.::. ";;;;;;;v or customaiiiy i,,"ia6.,t"-
B' Except no Townhouse site shal1 be improved or used. ex-cept by a townhouse, u"..pt that . fow.rtro,r=u Si_te may also beused for sinore-ramirv i"Ii.a";ii:i ;;;;"." to the eitent per_mitted ov uppii.ior-J-'r"iiig .rra trr"' sti pinnbarr Farm Resrricrions.
SECTTON"g'" nli;;;'3:f,:::ilJ"single-family residential-purposes- However, nothi-ng in thisDecraration shal, pr""""t 'tn"- rerriat oi''prop"rty within a
residential area by the owner thereof for residentiar purposes r o.either a short or,long-term.basis suuSect to ar1 the provisions ofthe St. Finnbarr Farm Restrictions. fio commune, co_operative orsimilar type living arrangemenL shalr be permitted anywhere onSt. Finnbarr Farm.
rEcuoN=4.0,1 ,An:LmaIq. No kennel or other facirity for rais_ing o rher animals for cornrn";;i;i purposesshall be kept on any r.ot or Townhouse site. No a.ri'mur= of anyklnd shaIl be raise&, bred or kept ;; ;"y Lot or Townhouse siteexcept dogs, cats or other ordiniry rro,r".t ord pets. '
No poultrymaybe kept on any Lot or Townhouse Site.
SECTION . No unsightly article shallO" n. Townhouse Site so as to bevisible from adjoining propgfty or public or private thoroughfares.without limiting the f"""r.rit| or th;-foregoing, trailers, mobilehomes, recreational ,"fri"f"=, graders, trucks olher than pickups,boats' tractors, campers, wagons, buses, sleighs, motorcycles,motor scooters, snowmobiles, snow removal equi.pment and. gardenand maintenance.equipment shalr re :<eft at all-times, except whenin actual use, in an enciosea structu'r. oa screened from view andno repair or maintenance work shal1 b.-aorr" o., any of the fore-goingr or on any automobile, other than minor emergency repairs,except in an encl0sed garage or other structure; r6fu=e, garbage,and trash sha11 be kep[ at-arr times in a covered, noi-seless con_tainer and any such container shal, be kept within an encrosedstructure or appropriately screened from view; service areas,storage areas,. compost piies and facilities for handirr, dryingor airing clothing or household raurics. shalr be appropriatelyscreened from view,' no lumber, g="==l-iruna waste, shrub or treecrippings, metals, bulk ,nateriais or'=Lr.p or refuse or trash shalr_be kept, stored or arrowea to accumulate on_ any property exceptwithin an enclosed struciur" or appropriately screened from view;and liquid propane 9ds, oi1 and oii."r'ext"rior tanks sha1l be
Ii*.within an enclosei structure or permanently screened from
ARTICLE VPERMITTED USES AND RESTRTCTIONS
OTHER AREAS
sEcrroN 5.01 Residentjal rQgen space Argg ?nd common openSp... eclaration@notwithstandingrIIor.,,awithinanyResj.dentia1open space and cornmon open space area inurr. o. impioved by anyrmprovement, used_or o"Lrpied "*".pi-i., such Eranner as sha1ll1::--*"n, approved by the"architeciurai Commirtee; provided,nowever, that. Grantor_may construct water and sewage treatmentfacilities within said i."." without lrr" consent of the.[,rchitectural Committee .
sEcrroN E- !2 commercial Area. No noxio*s, or offensiveat.U.
=iri!=="= shall be conductedon the commerciar site, nor sha1l anything be done thereonwhich may be or becom"'.r, annoyance or nuisance to otherourners or to other. occupants of lands within st. -r,irrrbarr
Farm,by reason of unsightli;;;; t or excessive emissions oi fumes,exhaust, odors, g1are, vibrati_on, sotia waste, heat, smoke,noise or otherwiie- Each-owner ana eicrr occuBant of a com-mercial site shaIl keep such site a.,a--irre rmpnovements thereonin a safe, c1ean, neat and wholesome aorrait:-o*, and sha1lcomply in all respects with- arr applicable goirernmental re-quirements and tha st- rinrrnurr Farm Restr'ctiions.
I
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sEcrroN 5.03 Reserve@. Any other provi-sion contrary notwithstanding,the land within the Reserved Agricultural Area may be improvedwith any improvement for resia""iiui-r"a commerciil use includinghorses, cattle_and sheep on the Reserved Agricultural Area,horse shows and similar commercial enterprises and, further,such area may be used for the comrnercial production of hayand similar igricultural uses.
ARTICLE VIST. PINNBARR FARM ASSOCIATION
sEcTroN@. The Association is a nonprofitcolor r ;ii; ;;rposes, charsed with rheduties, and invested with the powers irescrioed by law or setforth in its Articles and Bylaws or i-n this Master Declaration.Neither the Articles nor Byraws sha1l for any reason be amend,edor otherwise changed or inlerpreted so as to be inconsistentwith this Master Declaration.
sEcrroN 6'02 Membership. only the owners defined in sectiong.Ofa f be Mlmbers of the Association; pro_vided,, however, that no person shall be a Member by reason ofownershi'p of any park, public 1and., road., easement-, right of way,mineral intereslr-mortgige or deed. of trust. Each owner asdefined in the_precediig sentence shalr automatically be aMember of the Association without the necessity of any furtheraction on his part, and. Association membership sha1I be appur-tenant to and shall run with the _prop".ty intirest ownership ofwhich quali-fies the owner thereof to membership. Membership maynot be severed fromr ox in any way transferred, pledged, mortgaged,or alienated except together *itirl the title to the properryinterest, ownership of which qualifi;s the owner thereof to mem-bership, and then only to the transferee of title to saidproperty interest. Any attempt to make a prohibited severance,transfer, pledge, mortgage or alienation shal1 be void.
.
A- Entitlement- The right to cast votes, and, the numberof votes wE-IEE may T,e case , fo-r election of members to the Boardof Directors of the Association and on al1 other matters to bevoted on by the Members shalr- be carculated as follows:
(a) The Owner (including Grantor)improved or unimproved, 5h.tt haveLot;
(b) The owner_(including Grantor) of each compreted Town-house site or Townhouse 6nit in a'Townhouse Building shal1have vote for each such condominium unit for which acertiEfEEe of occup";;t h;= been issued by the appropriaregovernmental authorities ;
(c) The owner (including Grantor) of each business withinthe commercial site shali be entitled to votei
of each Custom Home Lot,vote for each such
(d) The owner (including Grantor) of the Reserved Agricul-tural Area sha11 have vote for each fu1l acre andvote for each adilEE-na1 fractional acre i"=" than affiacre in such ie=ervea Agricultural Area.
To the extent that certifi-cates of occupancy are not thenreguired for any single-family residence or Townhouse units atthe time of completion of construction the owner thereof shall
9
be a l'lember and. shal1 have a vote under subparagraph (b) or (c) ,as the case may be, upon completion of construction and notwith-standing that no certificate of occupancy has been issued.
B. Joint or Common Ownership. If any property interest,ownership r thereof to vote, is heldjointly or in common by more than one person, the vote or votesto which such property interest is entitled shall also be heldjointly or in common in the same manner. However, the vote orvotes for such property interest sharr be cast, if at allr ES atutit, and neither fractionar votes nor sprit votes shall bealLowed. rn the event that such joint or common owners areunable to agree among themselves as to how their vote or votesshall be cast as a unit, they shall lose their right to casttheir vote or votes on the matter in question. Any joint or
common owner shall be entitled to cast the vote or votes be-longing to the joint or coilrmon Owners unless another joint or
common Owner shalI have d.elivered to the Secretary of theAssociation prior to the election of a written statement to theeffect that the Owner wishi-ng to cast the vote or votes has not
been authorized to do so by the other joint or common owner or
Owners.
C. Prory._Voting. Any Owner, including Grantor, may givearevocab1ffi_p?oxytoanyperSonauthorizingthe1atierto cast the ownerrs votes on any matter. such written proxyshall be in such form as may be prescribed by the Bylaws of theMaster Association.
SECTION 5.04 Meetings of Members. There shall be an annualregut Master Association of thefirst ruesd.ay in March of each year at 10:00 a.m. at the princi-pal office of the Association. Except as in the next sentenceprovided.r rlo notice need by given of said annual regular meeting.Said annual regular meeting may be held at such other reasonableplace or time (not more than 30 days before or after the afore-said date) as may be designated by notice of the Board. given tothe Members not ress than ten nor more than fifty days prior tothe date fixed for said regular meeting. speciar meetings ofthe Members may be carled at any reasonable time and place bynotice by the Board or by notice by Members having one-fifth ofthe total votes, delivered not less than ten or mailed. not lessthan fifteen days prior to the date fixed for said special meet-ing, to all Members if given by the Board and to al1 other
l-'lembers if given by said Members. AI1 notices of meetings sha1lbe addressed to each l4ember as his ad.dress appears on the booksof the Association.
_ The presence at any meeting, in person or by proxy, of Mem-bers entitred to vote at reast a majority of the total-votesoutstanding shalt constitute a quorum. rf any meeting cannot beheld because a quorum is not present, the Ivlembers present, eitherin person or by proxy, may adjourn the meeting to a time not Lessthan 48 hours nor more than 30 days from the time set for theoriginal meeting, dt which adjourned meeting the quorum require-ment shall be the Members entitled to vote 25* of the total votes.
The President of the Board of Directors, or in his absencethe Vice President, shall call meetings of Members to order andact as chairman of such meetings. In the absence of both of saidofficersr dtry Member entitled to vote thereat or any proxy of anysuch Member may call the meeting to order, and a chairman of themeeting shall be elected. The Secretary of the Associationr orin his absence the Assistant Secretary, shal1 act as secretary ofthe meeting. rn the absence of both the secretary and theAssistant Secretdr,y, a secretary sha11 be selected in the manneraforesaid for selecting a chairman of the meeting.
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Except as provided otherwise in the Master Declaration in-cluding in Section 7.03 and in Section I0.2 below, dny actionmay be taken at any IegalIy convened meeting of the Mlmbers uponthe affirmative vote of the Members having a majority of thetotal yotes present at such oeeting in peison oi by proxy.
EECTroN.6_.05. Duties of the Association. subject to and inaccordance ictionl, the Associa-tion shall have and perform each of the following iuties for thebenefit of the Members of the Association:
A. Res]lg4ttri$en space a.d co*mo, oAssociatio@accePt,own,operateandmaintainaI1
and Common Open Space areas which may bededicated, conveyed or leased to iL ny Lrantor, togetherwith all rmprovements of whatever kind and for whateverpurpose which may be located in said areas; and to accept,ohrn, operate and maintain aIl other property, real andpersonal, conveyed free of mortgage or deed of trust orleased to the Association by Granior.
. Titlg to-Prgperty upon Dissolution. To pay over orconvey,upondisso1utionofthffiiation,tr,eassetsof the Association to one or more exempt organizations of thekind described in Section 501 (c) of tire rnternal Revenue Codeof 1954r ErS amend.ed from time to time.
. .Repair and Maintenance of Assgclation property. Tomaintain l ovements,and other Association property owned by or reased to theAssociation.
D: Payment, of Taxes. To pay all real and personal pro-perty taxes and other taxes and assessments levie& upon or withrespect to any property owned by or leased to the Aslociation,to the extent that such taxes and. assessments are not levieddirectly upon the Members. The Association shal1 have all rightsgranted by law to contest the legality and the amount of suchtaxes and assessments
E. rnsurance. To obtain and maintain in effect policiesof insuranG@ate, in the opinion of the Board, in kind and.amount. without limiting the generality of the precedingsentence, such policies of insurance srrirt include:
(1) r'ire and extended coverage i-nsurance on all rmprove-ments owned by or leased to the Association, the amount ofsuch insurance to be not less than 904 of the aggregate fu1linsurable value, meaning actual replacement cosi. exclusiveof the costs of excavations, founditions and footings. Suchinsurance shal1 insure the Association and. the mortgagees,as their interest may appear. As to each such poricy-whichwill not be thereby voiaea or impaired, the Asslciationhereby waives and releases all claims against the Board and.Grantor, and the officers, agents and employees of eachthereof, with respect to any loss covered by such insurance,whether or not caused by negligence of or bieach of anyagreement by said persons, but only to the extent thatinsurance proceeds are received in compensation for suchloss. rf the foregoing exculpatory clause is held to beinvalid, then the tiability of the insurance company shallbe primary, and the liabir-ity of the Board, Grantorl and theofficers, agents and employees of the Board and of Grantorsha1l be secondary.
(21 Bodily injury riability insurance, with limits of notLess than $s09,000 per person and $r,000,000 per occurrenceand property damage tiabirity insurance of not less than
r1-
$50,000 per occuruence, insuring against liability fordeath, bodirv injury or property damage arising fiomactivities of the Association oi with respect t.o propertyunder its jurisdiction, incruding, if obtiinabler-. .ro=-=-liability endorsement insuring each insured against liabi-lity endorsement insuring eacfi insured againsi riability toeach other insured. The liability insurance policies rE-ferred to above shall name as separately protlcted insuredsGrantor, the Association, the Board and. each of its members,the Architectural Committee and each of its members, and theManager, and such poricies may arso name some or all of therespective officers, employees and. agents of the foregoing.
(3) Workmenrs Compensation Insurance to the extent necessaryto comply with aII applicable 1aws.
(4) A fidelity bond in the penal amount of not less than$251000, naming the members of the Board and such otherpersons as may be designated by the Board as principalsand the Association as obligee.
(5) Such other insurance, including indemnity and otherbondsr ds the Board shalr deem necessary or exped.ient tocarrying out the Association's functionl.
The Association shall be d.eemed trustee of the interest ofall Members in all i-nsurance proceeds, and shal1 have ful1 powerto receive and to deal with such proceeds.
F. st. Finnbarr Farm Rules. To make, establish and pro-mutgate, a amend or repeal and reenalt,such st. Finnbarr Farm Ru1es, not in contradiltion or thisMaster Declaration, as it deems proper covering any and alIaspects of its functions, incruding the use and. occupancy ofAssociation Property. without ti-miting the generarily of theforegoing sentence, such Rules may set dues and fees and. pre-scribe the regulations governing Lhe operation of AssociationProperty. Each Member shall be entitfla to examine such Rulesat any time during normal working hours at the principal officeof the Association.
_ ,A,fchitectural Committee. To appoint and remove Membersor tne Architectural Committee as provided in Section g.O2 hereof,and to insure that at all reasonable times there is available aduly constituted and appointed Architectural committee.
H. Enforcement Hereof. To enforce, in its own behalf andin behalf @ of the covenants, cond.itions andrestrictions set forth in this Master Decraraiion, under anirrecovable agency_ (hereby granted) coupled with an interestr dsbeneficiary of said covenanis, conditions and restrictions, andas assignee of Grantor; and. to perform a1r other acts, whetheror not anywhere_expressly authoiizedr ds may be reasonablynecessary to enforce any of the provisions of the st. rinnbarrFarm Restrictions or of the Architectural committee Rures.
r. Long-Term Finqncing. To execute mortgages and deeds oftrust, bot ermanent, for construction offacilities, including rmprovementsr orr property owned by orleased to the Association,and. to accept-lands -in Residei-rti.t Openspace and common open space areas, whether or not improved, fr6mGrantor subject to such mortgages and deeds of trustl suchfinancing may be effected thiough conventional mortgages or deedsof trust, the issuance and sale of development or oi.frer bondsr orin any other form or manner as may be deemed appropriate by theborrower, whether that be Grantor or the Association. The mort-9age, deed of trustr oE other security interest given to secure
L2
other junior lienr dS shall be deemed apProPriate by such
borrower, whether that be Grantor of the Association, oD the
ImproVement or other facility to be constructed, together with
suah und.erlying and surrounding lands as Grantor or the Associa-
tionr dS the case may be, deems appropriate. The debt secured
by such mortgage, deed of trust or other security instrument may
be retired from revenues generated by dues, use fees, assessment
of the Members of the Association, oI otherwise, or any combina-
tion thereofr Ets may be deemed appropriate by Grantor or the
Association, as the case may be, but subject to the limitations
imposed by this Master Declaration.
J. Audit. To provide an annual audit by an independent
certified m-Iic accountant of the accounts of the Association
and to make a copy of such audi t available to each Member during
normal business hours at the principal office of the Association.
Any Member may at any time and at his own expense cause an audit
or inspection to be made of the books and records of the Associa-
tion by a certified public accountant provided that such audit
or inspection is made during normal business hours and without
unneceisary interference with the operations of the Association-
K. Other. To carry out all duties of the Association set
forth in tffi. Finnbarr Farm Restrictions , ot the Articles or
Bylaws of the Association.
SECTfON 6.06 Powers and Authority of the Association. The
Assos orado non-Profit
corporation, subject only to such limitations upon Lhe exercise
of such power as are expressly set forth in this Master Declara-
tion. It shall further have the power to do and perform any and
all acts which may be necessary or proper for or incidental to
the exercise of any of the express powers granted to it by the
laws of Colorado or by this Master Declaration. Without in any
way limiting the generality of the two preceding sentences, the
Asiociation shal1 have the power and authority at all times:
A. Assessments. To levy Assessments as in this Section
6.06A provffi[I--1-n-assessment is defined for purposes of this
Section 5.06A as that sum which must be levied in the manner and
against the properLy set forth below in this Section 5.06A in
oider to raise the total amount for which the levy in question
is being made, and each individual Assessment shall be equal to
each other i-ndividual Assessment. The Association shall levy:
(a) One Assessment against each Custom Home Lot;
(b) One Assessment against each completed single-family
residence upon a Custom Home Lot and for which a certifi-
cate of occupancy has been issued by the appropriate
governmental authorities ;
(c) One Assessment against each Townhouse Unit Site;
(d) One Assessment against each completed Townhouse Unit
for which a certificate of occupancy has been issued by the
appropriate governmental authorities. (r'or^purposes of
cllculating Assessments, townhouses shall be treated the
same as Condominium Units);
(e) That number of Assessments agai-nst each Commercial Site
as is equal to the number of votes to which the Owner thereof
is entitled. pursuant to Section 6.03A(e) above.
13
To the extent that a certificate of occupancy is not requiredfor any single-family residence or townh.ouse it tie time of com-pletion of construction thereof, Assessments sha11 be levied undersubparagraphs (b) or (d) of this Section 6.06Ar es the ".=" .uybe, at the time of completion of construction notwlthstanding ifr.tno certificate of occupancy has been issued.
Where the obligation to pay an Assessment first arises afterthe commencement of the year of- other period for which the Assess-ment was levied,, the Assessment shalr be prorated, as of the datewhen said obligation first arose, in proporation to the amount ofthe assessment year or other period rimaining after said date.
No Person shal1 be personally liable for an Assessment, butthe same sha1l become a lien agaiist each such Custom Home Lotand each such other Lot and a1i rmprovements thereon, each suchTownhouse unit and the land upon which the same is situated, and.each such commercial site and all rmprovements thereon. TheAssociation may enforce payment of such Assessments in accordancewith the provisions of Article IX belor,,r.
B. ni@ Enforcement. To enter, after 24hours writ ffe to any Owner upon anyLot or commerciar site or into any rmprovement, including Town-house unit or unto any common open spice or Residential openspace, for the purpose of enforcing Ly p"a""fu1 means the st.Finnbarr Farm Restrictions or for trre-purpose of maintainingor repai-ring any area, rmprovement or othlr facility, if forany reason whatsoever the Owner thereof fails to maintain or re-pair any such area as required by the St. Finnbarr Farm Restric-tions. The Assocation shall also have the power and authorityfrom time to time in its own name and. on it; own behalf, or inthe name of and on behalf of any owner who consents thereto, tocoflImence and maintain actions and suits to enforce by mandatoryinjunction or otherwise, or to restrain a"a ""j;i; ;"y breachor threatened breach of, the st. Finnbarr parm Restrictions.
c- conveyg.r""s. To grant and convey to any person realproperty an,ilEffist therein, including f6e tit1a, leaseholdestates, easements, rights of way, mortgages and. deeds of trust,out of, in on, overr or under any as=o.iu[.ion erolerty for thepurpose of constructing, erecting, operating or mlirrtiinirrgthereon, therein, or thereunder:
(1) Parks, parkways, picnic areasr of, other recreationalfacilities;
(2) Roads, streets, walks, drivewdys, trails, and paths;
(3) Lines, cables, wires, conduits, pipelines or otherdevices for utility purposes;
(4) sewers, water systems, storm water drainage systems,sprinkler systems, and pipelines; and
(5) Any similar pubricr guasi-publicr or private improve-ments or facilities.
-Nothing above contained, however, sharl be construed topermit use of occupancy of any land, rmprovement or otherfacility in a way which would violate applicable zoning or useand occupancy restrictions imposed therlbn by other frovisionsof this Master Declaration.
14-
Services. To provide watchmen, guards and
tion Property and at such other places and. for such otherPurposes as the Board shall determine.
E. Manager. To retain and pay for the services of aperson or ffiTttre. ',Manager', ) to *.i.g" and operate theAssociation, including iti property, t; the extent d.eemedadvisablg by the Board, togetherui-ir, such other personnel asthe Board. shalr determine idvisabre for the op.rulion of theAssociation, the conduct of its business, and the manag.ementof its Property- such personner may be employed directry bythe Association or may be furnished-by the-Maiag.r.- To the ex-tent permitted by law, the Associati.oi and the ioard. may dele-gate any of their duties, powers and functions to the Manager.The ornmers release the Association and the members of the Boardfrom liability for any omission or i*prop", exercise by theManager of any such airty, power or function so delegated.
F. Legal and Accounting servigsq. To retain and pay forlegal ana 'o, prop"r in the opera_tion of the Association, the operation and i,arrig"ment of itsProperty, the enforcement of tne st. Finnbarr rirm Restrictions,or in the performance of any other autv, right, power or authorityof the Association.
Association property Services. Tore r n"r,
-gardening, and all other ut:_fiii6s,'for the Property of the Association.
pay for water, sewer,
snow removal, land-services and main-
I.:^H.Tomaintai.nand'repaireasementS,roads,roadways, ffiffiTay, parks, parkwiys,median strips, side-details, guardhouses,by or leased to the
walks, paths , trails, ponds, lakls , ".rtryand other areas of St. Finnbarr Farm ownedAssociation.
G.
garbage
scaping,
tenance
L. Contracts.other pers6F6TEch
determine, to operate
I.T:=g?!+?l?1 F?ci . ro own and operare any and
,*"Jt'ii*i iIa' II: = *;:;;i
=::::::-?i9 ::1?fed.facitiries; swimmins poors; communiry clubs;--f v4sve:?:.::::*:i_l-:iliriesr gaTpsrounds and picnic areas; parks and
:I::t_ii$ _
tragsfrootiirs ; traiis -
f ;; -i;ili";;";;;i"i;;-#;-;:,:::
back riding; fakes and ponds for swimmin|, tisiring .rra otherryat9r sports; and other simirar and dissimilar recreationarfacilities.
J. Other Services and propertiesv. L.'urrer Dervr-ces and properties. To obtain and payanY other pav anv other fa.!.eqassessments which the Association or the Board is re.,rircrlircrrron or Ene Board is required
::cure or to pay for pursuant Lo applicable law, the'terms
or the Articles or By1aws of the Association.
for
or
to
of
K. construction on Association pryperg.. To constructnew Impro.r tion properties, ordemolish existing Association rmprovements, subject to theapproval of the Architectural coirmittee as in this MasterDeclaration required.
To enter into contracts with Grantor andterms and provisions as the Board shal1and maintain any Common Open Space,*::u"1:.:1 gfl.fpace or recrearionai ;;';ril'";=;"iii;i'o.
.ar:1 r o_t to provide any service or perform any function on be_half of Grantor or other person.
15
iu. To obtain and hold any and arl types of permits andlicenses, and to operate restaurants.
N. To acquire and own and to dispose of all manner ofreal and personal property, whether by grant, lease, gift orotherwise.
o- rf it shall ever be ruled or held that an exemptionunder the Internal Revenue Code is unavailable to the Associa-tion because of one or more rights, powers, d.uties, obrigationsor functions given to the Association by the Master Declaration,the Association may create a subsidiary or other association toperform the rights, powers, duties, obligations or functionswhich prevent the obtaining of the tax exemption and transfersome or all of its other rights, powers, duties, obrigationsand functions to such subsidiary or other association.
SECTION 6.07 Indemnification.
A. fh@. The Association may indemnify any
Person who r is threatened to be made a pirty-to any threatened, pending or compreted action, suit or proleed:ing, whether civir, criminal, administrativer or investilative(other than an _action by or in the right of the Associat,ion) byreason of the fact that he is or was a director, officer, employee,servant or agent of the Association against expenses (including-attorneysr fees), judgments, fines, and amounti paid in settlementactually and reasonably incurred by him in connection with suchaction, suit or proceeding if he acLed in good faith and in amanner he reasonably believed to be in or not opposed to the bestinterest of the Association, and, with respect to any criminalaction or proceeding, had no reasonable cause to believe his con-duct was unlawful. The termination of any action, suit or pro-ceeding by judgment, order, settlement, convictionr or upon a preaof nolo contendere or its equivalent, shall not of itseli creale apre@t]"on-EEEEhe person did not act in good faith or in amanner which he reasonably believed to be in or not opposed to thebest interest of the Associationr or, with respect to-iny criminalaction or proceeding, had reasonable cause to believe tfrat frisconduct was un1awful.
B. Derivative Actions. The Associatron may indemnify anyperson who@ or is threatened to be made a p"=tyto any threatened, pending or completed, action, suit or proceed-ing by or in the right of the Association to procure a jlagmentin its favor by reason of the fact that he is or was a d.irector,officer, employee, servant or agent of the Association, againstexpenses (including attorneys' fees) actualty and reasonably in-curred by him in connection with the defense or settlement ofsuch action, proceeding or suit if he acted in good faith and ina manner he reasonably berieved to be in or not opposed to thebest interests of the Association, except that no- indemnificationshaIl be made in respect of any claim, issuer or matter as towhich such person shalt have been adjudged to be 1iable for neg-u.gence or misconduct in the performince of his duty to theAssociation unless and only to the extent that the court in whichsuch action, proceeding or suit was brought shal1 determine uponapplication that, despite the adjudication of liability and i;view of all the circumstances of the case, such person is fairlyand' reasonably entitled to indemnity for such expenses which suLhcourt shall deem proper.
C- Determination. Any indemnification which the Associa-tion has e@ide irnder paragraph A or B of thissection 6.07 (unress ordered by a court) shaI1 be made by theAssociation only as authorized in the specific case upon a
16
determination that indemnification of the officer, director,employee, servant or agent is proper in the circumstances be-cause he has met the applicable slandard. of conduct set forth inParagraPh A or B of this Section 6.07. Such d.etermination shallbe made (a) by the Board by a majority vote of a quorum consist-ing of directors who were not paities to such action, suit orproceeding, or (b) if such a quorum is not obtainable, ot t evenif obtainable, a quorum of dis-interested directors so direct, byindependent 1ega1 counser in a written opinion; provided, however,that if a director, officer, employee, servant or agent of theAssociation has been successful on the merits or oiherwise indefense of any action, suit or proceeding referred to in para-graph A or B of this section a.bl r or in defense of any c1aim,issue or matter therein, then, to the extent that the Associa-tion has elected to provide indemnification, he stratr automati-cally be indemnified against expenses (includirrg "tio.neys, fees)actually and reasonably incurred. by him in connection therewithwithout the necessity of any such &etermination that he has metthe applicabre standard. of conduct set forth in paragraph A or Bof this Section 6.07.
D' pa@. Expenses incurred in defending acr-vr-r or criminal action, suit or proceed.ing mdy, in the dislre-tion of the Board, be paid by the issociation in advance of thefinal disposition of such action, suit or proceeding as authoriz-ed by the Board. as provided in paragraph c of this section 6.07uqgl receipt of an undertaking by oi on behalf of the d.irector,officer, employee, servant or agent to repay such amount unlessit shal1 ultimatery be determined that he is entitled to beindemnified by the Association as authorized in this Section G.O7 .
E. Insufance. The Board may purchase and. maintain insur-ance on behEIFtEny person who i; or was a director, of f icer ,employee, servant, or igent of the Association, against anyliability asserted against him or incurred by him in any suchcapacity r or arising out of his status as sulh, whether or not theAssociation would have the power to indemnify him against suchliability hereunder or otherwise.
F. Othef ggvgr?gg.. The indemnification provided by thisSection6.ffideemedexc1usiveofanyotherrj-9hts
to.which anyone- seeking indemnj-fication may be "ititled underthis Master Declaration, agTreement, vote oi the Members, vote ofd'isinterested d.irectors, colorad.o iu.*, or otherwise, both as toaction in his_ of f icial capaci-ty and as to acti.on in another capa-city while holding such otti""l and may continue as to a personwho has ceased to be a director, offic-er, emp}oyee, servant oragent and may inure to the benefit of the heir=-u.r6. personalrepresentatives of such a person.
sEcTroN 6.08 Assessment Benefiting specific Areas. Theassoc authority toffit=against specific locar areas and tmpiovement! to be expendedfor the benefit of the properties =L assessed. The assessmentslevied under this section o.og shall be levied in proportion tothe benefits conferred or to be conferred., as d.eteimined bythe Board, and therefore the amount levied against each parcelof land or rmprovement need. not be equa1. a"v such issessmentsshall constitute a lien on the prop.itiu" so assessed and suchliens sharr be enforced. in the lame manner and! to the same ex-tent- as is provided in Article rx of the Master Declaration forregular and special assessments.
sEcrroN 6.09 Diseased lrees. The Association may enter uponany p
""i"Ii*" to inspect for, preventand control diseased trees and othei print lif,e and insect in-festation of trees and other plant 1iie. rf any diseased or
L7
insect infested trees or other plant life are found., the Associa-tion may spray, remove diseased trees and othe, fi""t life, andtake such other remedial measures as it deems exied.ient. Thecost thereof applicable to privately owned prop.ity may be reviedby the Association as a specific u.=="==*"nt againsl such propertypursuant to Section 6.09 hereof.
ARTICLE VIT
ASSOCTATION PROPERTY
^?ESTrgl[ ?10r use- Each owner of a cusrom Home Lot, wherheror not he resides on the Farm, and the members of his fimify wfroreside with him sharr be entitled to use the property of theAssociation, subject to paragraphs (a) through tbl of thisSection 7.0L. Each othei Membei of tire association who resideson the Farm and the members of his family who reside with him;and each lessee of a custom Home Lot or Townhouse unit, who, ineach of these instances, resides on the Farm and the members of!i" family who reside with him sha11 be entitled to use theProperty of the Association, subject to:
A' The provisions of the St. Finnbarr Farm Restrictions,and each person who uses any property of the Association, inusing the same, shalr be deemed lo rrive agreed to comply there-with;
B' The right of the Association to charge reasonable duesand use and other fees;
c. The rights of the Association to suspend, the rights tothe use of any property of the Association uy ""y-ltember orressee and. their respeLtive families, juests and invitees forany period during which any Assessment against the Member,s pro-perty remains past due and unpaid; and., after Notice and Hearingby the Board, the right of thl asso"i.iio., to invoke any remedyset forth above in Section 3.08 for any other infraction of theSt. Finnbarr Farm Restrictj_ons i
D. The right of the Association to require that securitydeposits be made and_kept with the Associati6n to secure arr sums,and to guarantee performance of all duties, due and-owing or tobecome due and. owing to the Association;
E- The right of the Association to arrow the generalpubricr oE certain segments rhereof, ro-;";-;;; irlplrav or rheAssociation, and, in Lhe discreti-on of the Board., to charge useor other fees therefor;
F. such rights to use Association property as may havebeen granted by tie Association or prior owners of eroperty ofthe Association to others; and
G. such covenants, conditions and restrictions as mayhave been imposed by the Association or prior owners on propertyof the Association.
sEcTroN 7.02 Damases. Each Member and lessee described aboveinseii.ur.totheAssociationforanydamages
to Property of the Association_which may be sustained by reason ofthe.negligent or intentional misconduct*or such person or of hisfamily, guests or invitees. - rf the property, the ownership orleasing of which entitles the owner 6r i.=="" thereof to useAssociation Property, is owned or reased jointly or-i., common,lht.liability of all such ioint or.o**or owners or lessees shaIlbe joint and several. The amount of such damage miy-oe assessed
18
against such person's real and, personal property on or within theFarrn, including the leasehold estate of any lessee, and, may becollected as provided in Articre rX below for the correction ofAssessments.
SECTION rul Damag,e and Destruction.tion
casualty:
A- Reconstruction - Minor. rf the insurance proceeds donot exceea a tfr"-tost of repairing or re_building does not exceed the amount of the available insuranceproceeds by more than $25,000, such insurance proceeds shall bepaid to the Association, wh_ich ttrereupon sharl-contract to repairor rebuild. the Association.property sL damaged; ""a-if the insur_ance proceeds are insufficient to lay all oi the .o"i= ofrepairing or rebuilding the aamagel ih" a==ociation may revy aspecial Assessment to make good i.,v a.iiciency. - --'
B. Reco_nstruction - Major. Tf theceed $1OO, i.i"g-;,available insurance proceed.s by more in.r,
In the case of destruc-by fire or other
insurance proceeds ex-rebuilding exceeds the
$25,000, then:
(a) The insurance proceeds sharl be paid to such bank ortrust company as may be designated by the Board, to be heldin separate trust for the beiefit of the Members, as theirrespective interest shalr appear. The Associati-on isauthorized !o enterr o, uerrair or the Memb"r",- into anagreement with such insurance trustee relating to its powers,duties and compensationr o, ".,"h-t.r*" as the Board mayapprove consistent herewith.
(b) The Association shal1 obtain firm bid.s from two or moreresponsible contractors to repair and rebuild. any or aIrportions of the Association Pioperty and shal1 carr a specialmeeting of the Members to consider such bids. At suchspecial meetings, the Members may be three-fourths of thevotes cast at such meeting elect to reject such bids and thusnot to rebuild. Failure to thus rejeci ",r"h-uia= shall bedeemed acceptance of such bid as may be selected by theBoard- rf a bid is accepted., the Association may fevyspecial Assessments on the Members -to make up the deficiencybetween the total insurance proceeds and the contract priceof repairing or rebuilding tire Association property and suchAssessments and arI insurance proceeds shaI1 bE paid to saidinsurance trustee to be used rlr suctr rebuilding. suchAssessments may be made due on =""fr-a"t;;-;;-d;e Associationmay d'esignate, and. the Association may borrow money to paythe aforesai-d. deficiency and may secure such borrowing by anassignment of its right to colr6ct such Assessments, by apledge of or mortgag6 on any personal property owned by theAssociation or held-by it i-n Lrust for-thl ueirbers t or by amortgage or deed of trust on the facility t;-;; rebuilt oron any other real property owned. by the issociation. rf theMembers erect not Lo ieuuira, the proceeds, after paymentfor demorition of damaged structurls and clean-up of thepremises sharl be retained by ttre association for use inperforming its functions under the st. Finnbarr Farm Restric-tions.
c. Decision Not to &ggrrElruct. rf the Board determinesnot to reU ed or damaged r ot to buildfacilities substantlaliy d.ifferent rrlm those which were destroy-ed or-damaged, it shall call a speciii meeting of the Members toconsider such decision. Tf the iremb"i=l by rhree-fourths of thevotes cast at such meeting, erect to rriiry such deci_sion, theBoard shall act accordingiy; but if the Members do not by such
19
percentage elect to ratify such decision,ceed to repair or rebuild the damaged, orpursuant to paragraph A or B, as the case7.03.
ARcHr tfi3i8fii"u: Ji* r *uu
sEcrroN B-01 Members €_lgEqittee. The Architecrural com-*itt" hree members or fivemembers. The forlowing plrsons are hereby deslgnated as theinitial members of the-Clmmittee:
The Board may reduce the number of members of the cornmitteeto three and increase it to five as often as it wishes. Eachmember of the committee shall hord office unti-I such time as hehas resigned or has been removed or his successor has beenappointed, as provided herein. Members of the committee may beremoved at any time without cause.
sEcrroN 8.02 Grantor'is Bights_of Appointment. The Board=h.11 or" all members of thecommittee, but so long as Grantor is entitled to 75 percent ofthe_votes pursuant to Section 6.03A(ai- ttrrougn (d) -Grantor
shall have the right to approve or disapprove all membersproposed for appointment by the Board. -rhereafter, theBoard sharl have the right to appoint and remove all membersof the Committee without Crantoi-,s consent.
sEcrroN 8.03' Review of proposed construction. Whenever inthis e approval "rffiiecrurar com-mittee is required, it shalI frive the right to consider all ofthe Prans and specir:-caiions for the rmprovement or proposal inquestion and all other facts which in il;-="i.--Ji=lretion arerelevant' Except as provided in sections 3.15 and 3.16 above,prior to conrmencement of any construction of any rmprovement onst' Finnbarr Farm, the Plani and specifications therefor shall besubmitted to the Architectural comirittee, and construction there-of may not commence unless and until the committee has approvedsuch Plans and specifications in writing. The committee sha11consider and act upon any and all plans and specifications sub-mitted' for its appioval iursuant to this Master Declaration,and perform such other alties assignea-to it by this MasterDeclaration or as from time to tim6 shal1 be assigned to it bythe Board, including the inspection of construction in progressto assure its confoimance wilh Plans ind specifications approvedby the committee- The committee shal1 approve plans and speci-fications submitted for its approval only if it deems that theconstruction, alterationsr or id.ditions contemplated thereby inthe locations indicated will not be detrimental to the surround.-ing area or st. Finnbarr Farm as a whoIe, and that the appearanceof any structure affected thereby will be in harmony with thesurrounding structures. The comiittee may condition its approvalof Prans and specifications on such changes therein as it deemsappropriate, and may_ require submission of additional plans andspeeificati-ons or other informarion ;;i";-..-.pprJ;i;g or dis_approving the material submitted. tire committll ,n.y also issueRules or guidelines.regarding anythi;; rerevant to -its function,including but not limil.ed to-minimum Jtinaards and procedures forthe submission of prans and specir:-cations for approval. The
the Board sha1l pro-destroyed facility
may be, of this Section
20
Committee may require a reasonable fee to accompany each applica-
tion for approval. The Committee may require such detail in
Plans and Specifications submitted for its review and such other
information as it deems proper, including without limitation,
environmental impact statements. Until receipt by the Committee
of all required Plans and Specifications and other information,
the Committee may postpone review of anything submitted for
approval.
SECTION 8.04 Meetings of the Committee. The Committee sha1l
meet rm its duties here-
under. The Committee may from time to time by resolution
unanimously adopted in wrj-ting designate one of its members to
take any action or perform any duties for and on behalf of the
Committee, except the granting of variance pursuant to Section
8.09. fn the absence of such designation, the vote of a majority
of al} of the members of the Committee, or the written consent of
a majority of all the members of the Committee taken without a
meeting, shall constitute an act of the Committee.
SECTION 8.05 No Waive . The approval
or co ifications for
work done or proposed or in connection with any other matter
requiring the approval or consent of the Committee, shal1 not
be deemed to constitute a waiver of any right to withhold
approval or consent as to any P1ans or Specifications or other
matter whatever subsequently or additionally submitted for
approval or consent by the same of a different Person.
SECTION 8.06 Compensation of Members. The Members of the
Commi compensation from
the Association for services rendered, together with reimburse-
ment for expenses incurred by them in the performance of their
d,uties hereunder. Such compensation shall be determined by
Grantor while he has the right to approve or disapprove the
members of the Commitee pursuant to Section 8.02 above and
thereafter by the Board.
SECTION 8.07 Inspection of Work.
A. Completed Work. Inspection of completed work and
correction of defects therein shall proceed as follows:
(a) Upon the completion of any Improvements for which
approved Plans or Specifications are required under this
Master Declaration, the Owner shal1 give written noticeof completion to the Committee.
(b) Within such reasonable time as the Committee may set
in its Rules but not to exceed f if teen ,ilays thereaf ter,
the Committee or its duly authorized representative may
inspect such Improvement. If the Committee finds that
such work was not done in strict compliance with all
approved Plans and Specifications submitted or required to
be submitted for its prior approval, it shall notify the
Owner in writing of such noncompliance within such period,
specifying in reasonable detaiL the particulars of non-
compliance, and sha1l require the Owner to remedy the same.
(c) If upon the expiration of thirty days from the date of
such notification the Owner shall have failed tc remedy
such noncompliance, the Committee shall notify the Board in
writing of such failure. Upon Notice and Heari*g, the
Board shal-l determine whether there is a noncompliance and,
if so, the nature thereof and the estimated cost of correct-
ing or removing the same. If noncompliance exists, the
Ovrner sha1l remedy or remove the same within a period of
2L
not more than forty-five days from the date of announcementof the Board ruling. rf the owner does not comply wiLh theBoard,rs_ ruring within such period, the Board, al Lts option,may either remove thg noncomplying Improvement or remedy thenoncompliance, and the Owner shal1 reimburse the AssociationuPon demand for all expenses i-ncurred in connection there-with. rf such expenses are not promptly repaid. by the ownerto the Association, the Board shall r."v an assessmentagainst such owner and the Improvement -in question and theIand upon which the same is situated. for rdimbursement andthe same sha11 constitute a lien upon such land. and Improve-ment and be enforced as in this Ivlaster Declaration proiided.,
(d) If- for any reason after receipt of said written noticeof completion from the Owner, the Committee fails to notifythe Ow'ner of any noncompliance withj-n the period provid.edabove in subparagraph (b) of Section g.07A the Improvementshall be deemed in accordance with said approved. plans andSpecifications.
B. work=in=progress. The committee may inspect all workinprogres@ofnoncomp1ianceisprovidedabovein subparagraph (b) of Section B.O7A. If the Owner denies thatgugh noncompliance exists, the proced,ures set out in subparagraph(c) of Section 8.07A shal1 be foltowed, except that no furtherwork shall be done, pending resolution of thl dispute, which
Y9u-1d hamper correction of the noncompliance if tie Board sha1lfind that such noncompliance exists.
SECTION 8.08 Nonliability of Committee Members. Neitherthe C or any mem-ber therof shall be liab1e to the Association or to any owneror to any other person for any loss, damage or injury irisingout of or j-n any way connected. with the performa.r6e br theCommitteers or the Board.rs respective dulies under this MasterDeclaration unless due to tfre wiffful misconduct or bad. faith ofthe committee or its member or the Board or its member, as thecase may be. The committee shalr review and approve or dis-approve all Plans and specifications submitted- io it for anyproposed Improvement, including the construction, alteration oraddition thereof or thereto, solely on the basis of aestheticconsiderations and the overall nen6tit or detriment which wouldresult to the surround.ing area and st. Finnbarr Farm generalry.The Committee shaI1 take into consideration the aesthetic aspectsof the architecturar d.esigns, placement of buildings, land-scaping, color schemes, exterilr finishes and material_s andsimilar features, but sharl not be responsible for reviewing,nor shal1 its approval of any Plans or Specifications be deemedapproval thereof from the stindpoint of structural safety,engineering sound,ness, or confoimance with building or othercodes.
. sECTrgN 8-09 v?riances. The committee may authorizevarr-ances trom compliance with any of the architectural pro_visions of this Master Declaratio-n, includ.ing restrictioirs uponheight, bulk, si-ze, shape, floor area, Iand irea, placement ofstructures, set-backs, buirding enveropes, colors, materials, orsimilar restrictions, when cir6umst.r"L" such as iopography,natural obstructions, hardship, or aesthetic or: "rrrri=onmentarconsideration mdY, in its sole and absolute discretion, warrant.Such variances must be evidenced in writing and must be signedby at least a majority of all of the members of the Committee.rf such a variance is grantedr rro vioration of the covenants,conditions or restrictions contained in this l4aster Decl-arationshall be deemed to have occurred with respect to the matter forwhich the variance was granted. The gianting of such a variance
22
shall not operate to waive any of the terms and provisions ofthis Master Decraration for any purpose except as to the parti-cular property and particular provision and in the particularinstance covered by the variance.
. FECTION 8.10 Obligations With Respect to Zoning and Sub-cllvtsLons.
A. The Architectural Committeeto comply fu1ly with the Planned Unitfor the St. Finnbarr Farm on
shal1 require all Persons
Development Plan adopted
, by the Boardof County Commissioners of Garfield @ as the sameis applicable and as the same may hereafter be amended. prior
to submj-ssion to the Board. of Adjustment of Garfield County ofany matter governed or meant to be governed by the Planned UnitDevelopment Plan for St. Finnbarr Farm; such matters shall firstbe reviewed and approved by the Architectural Committee.
B. The Architectural Control Committee sha1l have authorityto reduce the dimensions of the building envelopes shown on theplat of The St. Finnbarr Farm Subdivision, but no part of anyreduced building envelope shall extend outside of the buildingenvelope lines as shown on said plat.
ARTICLE IX
FUNDS AND ASSESSMENTS
SECTION 9.01 St. Finnbarr Farm Maintenance Fund. The Boardshall establish a fund (the "St. Finnbarr Farm Miintenance Fund")into which sha11 be deposited atl moneys paid to the Associationand from which disbursements sha11 be made in performing thefuncti-ons of the Association under the St. Finnbarr Farm Restric-tions. The funds of the Association must be used solery for
Purposes related to the areas and Improvements owned by or leasedto the Association, or subject by the St. Finnbarr Farm Restric-tions to maintenance or operation by the Association t oy other-wise for purposes authorized by the St. Finnbarr f'arm Restrictionsas they may from time to time be amended.
SECTION 9.02 Regular Annual Assessments. Prior to the begin-ning timate the expensesto be incurred by the Association during such year in performi-ngits functions und.er the St. Finnbarr Farm Restrictionsl includiiga reasonable provision for contingencies and appropriate replace-ment reserves, less any expected income and any surplus from theprior yearrs fund. Uniform and equal Assessments sutfici-ent to
Pay such estimated net charges shall- then be levied as in Section6.06A provided. rf the sums coll-ected prove inadequate for anyreason, including nonpayment of any individual Assessment, theAssociation may at any time and. from time to time levy furtherAssessments in the same manner as aforesaid. A11 such regularAssessments sha11 be due and payable to the Association duringthe fiscal year in equal monthly installments on or before thefirst day of each month, or in such other manner as the Board maydesignate in its sole and absolute discretion.
9E9TION 9.03 Special Assessments. In addition to the regularannual Assessments provided for above in Section 9.02, the Boardshall levy special AssessmenLs, upon the property and in themanner set forth in section 6.06A, whenever in the Board's opin-ion such special Assessments are necessary to enable the Boardto carry out the mandatory functions of the Association underthe st. Finnbarr Farm Restrictions, and the Board may levy suchspecial Assessments whenever in the Board's opinion iuch specialAssessments are necessary to enable the Board to caruy out theoptional functions of the Association under the St. Finnbarr FarmRestrictions.
23
r--- _s'crroN-g.04 Late charges. rf any Assessment, whetherlar o frin fitiu.r, days after it isthe- owner may be required by the Board to pay a late chargesuch rate as the Board. may designate from time to time.
regu-
due,
at
sEcrroN 9.05 unpaid A,ssessments as Liens. The amount ofany.d '=p""i"r,
assessedagainst any property and any late payrient chargre attrj-butablethereto, plus interest on such ass6siment and 6h.rg" at a rateof eighteen percent per annum simple interest (or Jucrr higherrate as the Board may designate from time to time), and the costsof collecting the same, including reasonable attorneys, fees,shaIl be a lien upon such custom Home Lot and the rmprovementsthereon or Townhouse unit and the land upon which the same islocated or commercial site and the rmprovements thereonr ds thecase may be. such rien shali be prioi to any declaration ofhomestead. 9.""h-lien may be forellosed in tlre same manner as isprovided in the laws of colorado for the forecrosure of mortgageson real property. A certificate executed and acknowledged bf i"vtwo members of the Board stating the indebtedness secured by suchlien shalI be conclusive upon the association as to the amount ofsuch indebtedness as of the date or irre certificate, in favor ofall Persons who rely thereon in good iaith, and. such certi-ficateshall be furnished t9 any Qyler rlpon request at a reasonable fee,not to exceed Ten oollari ($f0.00).
sEcrroN 9.06 Mortqaqe Protection. Notwithstanding any otherprori trictions, no l-ien createdunder this Article rX or under any other Article of this MasterDecraration, nor any lien arising by reason of any breach of thest. r'innbarr Farm Restri-ctions, ior-the enforcement of any pro-vision of this Master Decraration shal1 defeat or render invalid.the rights of the Beneficiary under ury recorded Mortgage or Deedof Trust of first and senior priority io* o, hereafter upon acustom Home Lot or Townhouse unit, oi commercial site made in goodfaith and for va1ue. However, after the foreclosure of any suchfirst Mortgage or Deed of Trust or after any conveyance in lieuof foreclosure, such custom Home Lot or Townhouse unit orcommercial site sharl remain subject to the st. Finnbarr FarmRestrictions and shalI be liable for all regular Assessments and1r1 special Assessments levied suusequent to completion of suchforeclosure or detivery of =lgh "orrr.y.rr." in rieu of foreclosure,and to all installmenti of all regulai- and special Assessmentslevied prior to completion of =u"[ forecrosu]e or derivery of:"gl conveyance but farling due after such conrpletion or suchdelivery.
sEcTroN 9.07 Effect of Amendments on Mortgages. Notwith-:t""g mendment ofsection 9'06 of this Master Declaration sha1l. affect the rightsof any Beneficiary whose MorLgage or Deed of Trust has the first1"9 senior priorily as in secii6n 9.06 provid[ed and who d.oes notjoin in the execution thereof, provided that his Mortgage or Deedof Trust is recorded in th9 real property records of the countyprior to the recordation of such imei-rdment; p.novided, however,that after foreclosure or conveyance in lieu of forecrosure theproperty which was subject to such Mortgage on Deed of Trustshall be subject to such amendmena.---- -'
sEcTroN 9-08 subordin4&l. By subordinration agreementexecu be-nefits of Section 9.06 and9'07 above ffiay, in the sole and absolute disa:ietion of theBoard, be extended to beneficiaries not othe:rvrise entitledthereto.
24
ARTICLE X
MISCELI,ANEOUS
SECTfON 10.01 Term. This Master Declaration, including allofth@tionsandrestrictionshereof,sha11run
until December 31, 2025, unless amend.ed as herein provided..After December 31, 2025, this Master Declaration, l_ncruding altsuch covenants, conditions and restrictions shall be automitical-ly extended for successive periods of ten years each, unlessamended or extinguished by a written instrument executed by atleast three-fourths of the owners in st. Finnbarr Farm andrecorded in the county real property records.
SECTION 10. 02 Amendment.
A. SPeciaI Provisions. No amendment of Section g.O7 shallDe ertectrve as to any Beneficiary who does not join in theexecution thereof provided that his Mortgage or Oeed of Trust isrecorded in t!. real property records of the county prior to therecordation of such amendment. Subject to the preLe&ing sentence,no amendment of this Section 10.02 sha1l be effective unlessadopted by B0A or more of the total number of votes entitled tobe cast pursuant to section 6.03A above at the time of the pro-posed' amendment. No amendment of this Master Declaration sha11be effective until executed and record.ed in the rear propertyrecords of the county in the manner hereinafter provided.
. B. Py owners. Except as provided in section 10.02A, thisMaster Declaration may be amended by the recording in the county
5ea1- Property records of an instrument executed and acknowleageiby tle president and secretary of the Board, setting forth th;amend.ment and certifying that such amendment has be5n approvedby owners entitled to cast at least B0? of the number oi- votesentitled to be cast pursuant to section 6.03A; provided, however,that section 5.03 and this Articre X may not be amended by theowners or Grantor. Any owner may indicate his approval of suchproposed amend.ment either by consenting thereto in writing or byaffirmative vote at a duly convened. regurar or special meeting -
of the Association.
SECT-ION. ]0.03 Notices. Any notice permitted or required tobe given by the Master Declaration shall be in writing Jnd maybe delivered either personalry or by maiJ-. rf deliveiy is ma&eby mail, it shall be deemed to have-been delivered on Lhe thirdday (other than a Sunday or a 1ega1 holiday) after a copy of thesame has been deposited in the united states mail, postage pre-paid, addressed to the Person at the address given Ly such personto the Association for the purpose of service-of notices, or tothe residence of such Person ii no address has been given to theAssociation. such address may be changed from time i.o time bynotice in writing given by such person to the Association.
SECTION 10r 04 Interpretation. The provisions of this Master--JJecraratl-on shaLl- be 1ibera11y construed to effectuate theirpurposes of creating a uniform plan for the development and opera-tion of St. Finnbarr Farm and of promoting and eff-ectuating tirefundamentar concepts of st. Finnbarr Farm as set forth in trreRECITALS and DECLARATION of this Master Declaration. This Dec-laration shaIl be construed and governed under the 1aws of theState of Colorado.
SECTION 10.05 Enforcement and Nonwaiver.
. .A. Right of Enforcement. Except as otherwise providednerernr aDy owner at his own expense, Grantor, and the Boardshall have the right to enforce arr of the provisions of thest. Finnbarr Farm Restrictions against any property within st.Finnbarr Farm and the Owners thereof. sucfr-riqht 6f enforcement
z5
shal1 include bottr damage.s for an injunetive relief against thebreach of any such provision. trre ri.grrt of any owner to so en-force sych provisiois sha1l be.eguallf appricable wittr-out regardto whether the land (or other in€ere.sl) oi the owner seekingsuch enforcement or the land (or other interest) whereon orYitl resPect' to which a violation of sucrr provislons is allegedis initially set forth on Exhibit A or is hereafter subjectedto this Declaration pursuant to section 2.02 above. rf any courtproceedings are instituted in connection with the rights otenforcement and remedies provided in this Master Decl-aration, theprevailing party shal1 be entitled to recover from the rosingparty its costs and expenses in connection therewith, includingreasonable attorneysr fees.
B. vioration a luuisance. Every act or omission wherebyany Provrs rr narir Restrictions is violatedin whole or in part is hereby declared to be a nuisance and maybe-enjoined or abated by any owner at his own experr"., Grantorand the Board, whether or not the relief sought is for negativeor affirmative action. However, only Grantor, the Board and thedury authorized agents of either of irr"* may enforce by self-help any of the provisions of the st. rinnbirr Farm Restrictions,and then only if such self-help is preceded by reasonable noticeto the Owner in question.
c- violation of Laq. Any vioration of any federal, stateor1oca11ffireguiation|ertainingtotheownership,
occupancy or use of ?ny property within st. rinnbarr Farm herebydeclared to be a violalion of the st. Finnbarr Farm Restrietionsand subject to all of the enforcement procedures set forth in saidRestrictions.
D. Remedies cumurative. Each remedy provided by the st.Finnbarr Fm."*"i"ti"L and not exclusive.
d& -T:_,- Nonyaiver. rf" failure to enforce any provision of theDE" 'E'rnnoarr f'arm Restrictions at any time shaIl not constitute awaiver of the right thereafter to eniorce any such provision orany other provision of said Restrictions
SECTION 10. 06 Construction.
A' Restrictions Severable. Notwithstanding the provisionsg{ t]r" for ."fr'-"i'tt" provisions of the st.Finnbarr Farms Restrictions shall be deemed independent andseverabre, and the invalidity or partial invalidity of any pro-vision or portion thereof srrlrt nlt affect the varidity orenforceability of any other provision.
B. Sin . Unless the context requiresa contrary tar shall include the pluraland-the p1ural_the singular; and the masculine, feminine or neutershalI each include the masculine, feminine and neuter.
Captiols. AIt captions and titles used in this Master'Decraratron are intended so1e1y for convenience of reference andshall not enrarga, limit or otherwise affect that which is setforth in any of the paragraphs, sections or Articles hereof.
IN WITNESS WHEREOF, Grantor has executed. this Master Declara-tion the day and year first above written.
J E PROPERTIES
Bv
JacK w. rlenklns, general partner
26
STATE OF COLORADO )
cou*Ty oF, prrKrN i ""'
*3irt3l"r"t"n instrument was acknowledged before mePlffier,''r - i ffi ,."tiaa' n:I.i:i[nH::5if :
Witness my hand and, official sea1.
My cornmission expires :
this
general
27
H
.IOTICE OF PUBLIC HEARING
NoTICEISHEREBYGIVENthattheBoardofCommissionersof
GarfieldCountywillholdapublichearingonMonday,September
I0,Lg]g,&tthehourofl0:00A'M'intheCommissioner'sChambers
in the Garfield County Courthouse, Glenwood Springs, Colorado, to
consideranamendedapplicationforazor}edistrictchangefrom
Agricuttural/ResidentialRuralDensitytoPlannedUnitDevelopment
for the St' Finnbarr Farm P'U'D' Said Planned Unit Development
consistsofl20residentialdwellingunitsanda4.0acreCommer-
cialAreaandislocatedinSection3linTownshipTSouth,Range
g7 West of the sixth principal Meridian more particurarly described
as follows:
Beginningatapointontheexistingsoutherlyright-of-way
fencelineofColoradoStateHighwayNo.S2whencethenorthwest
cornerofsaidSection31bearsN.36o15,l8.,W.796.66feet;
thence s. 79o56"30" E' Lg82'g4 feet along said existing southerly
right-of-wayfencelineofColoradoStateHighwayNo.S2toapoint
on the westerly boundary line of a parcel of land described
moreparticularlyasExceptionllAlrinReceptionNo.243LL2ofthe
recordsoftheClerkandRecorderIsofficeofGarfieldCountYl
Colorado; thence S' I0o30'58" W' 134'15 feet along said westerly
boundarytineofExceptionltAllofReceptionNo.243lL2tothe
southerly boundary line of said Exception"A" of Reception
No.243LI2;thenceS.7go44,32uE.247.29feetalongsaidsoutherly
boundarylineofExceptiontrAllofReceptionNo.243LL2toapoint
ontheexistingwesterlyright-of.wayfencelineofacountyroad;
thencealongsaidexistingwesterlyright-of-wayfencelinethe
following courses: S. ogo 11129,, w. 827 .L4 f eet; thence S. o3o 56'29''
W. 1L7.74 feet; thence S' I1o37'27" W' 1604'13 feet; thence
leavingsaidexistingwesterlyright-of_wayfenceIineS.23o40|24"
W. 80.58 feet; thence S' 35o04'45u W' 85'16 feet to a point on
thecenteroftheRoaringForkRiver;thencealongsaidcenterof
theRoaringForkRiverthefoltowingCourses:N.65o57'30''
W. 56.7g f eet; thence N' 63o59'48" W' 3L9 '32 feet; thence N'
66o50,I8,, W. 203.3g feet; thence N' 75"33'2I" W' 272'62 feeL;
thence N. B4o25rZO,, W. 257.22 feet; thence N' 87"41'19" W' 223'lB
feet; thence N' 88o40'35" W' 346'12 feet; thence N' 65"59'25"
W.120-15feettotheeastlineofLott4insaidSection3l;
ThenceN.o0o30|0o,,w.233.2ofeetaIongsaideastlineofLotL4
Lo the south line of Lot 13 of said Section 3}; thence S. 88"3I'40''
w.4gg.BgfeetalongsaidsouthlineofLot13tothesouthwest
cornerofsaidLot13alsobeingapointonthewestlineof
said Section 31; thence N' OOo0O'33" E' L273'gL feet along said
westlineofSection3ItothesouthlineofLotLTofsaid
Section3l;thenceN.89oIl'o7,.E.47l.38feetalongsaidsouth
lineofLotLTtothesoutheastcornerofsaidLotLTithenceN.
ogogg,rg,, E. ,.2.,6.72 feet along the east rine of said Lot L7 to
thepointofbeginning,containingl43.5lEacresmoreorless.
The said property requested for a zorLe district change to
PlannedUnitDevelopmentisrequestedbyJackJenkins.Atsuch
pubtic hearing arr persons with interest may appear and be heard'
CopiesoftheproposedPlannedUnitDevelopmentcanbeexamined
attheCountyPlanningDepartmentofficesat2o]-4BlakeAvenue,
GlenwoodSprings,Colorado'betweenthehoursofB:00A'M'
and 5:00 P.M., Monday through Friday'
PublishedatthedirectionoftheGarfieldCountyBoard
of CountY Commissioners'
Datedthis3rddayofAugust,A.D.,L9T9.
, L979,
' ,) \ lo.L\ u''!t*-'Xq";; h\s*IrL
Pl-anning Directot Ly^b^*oa'""^---of Garfield CountY
Coloradd
in the Glenwood Post'Published August
TABLE OF CONTEi{TS
RECITALS
DECLARATIOI{
ARTICLE I
DEFINITTONS
ARTICLE II
DEVELOPMENT OF ST. FINNBARR FAR.IY AI{NEXATION
2,0L Subdivision and Development by Grantor
ARTICLE ITI
GENERAL RESTRICTIONS
Page
.1.1
3.01 Antennas .
3.02 Insurance Rates
3.03 No Further Subdividing
3.04 Signs
3.05 Nuisances
3.06 Repair of Buildings
3.07 Improvements and Alterations
3.08 r/iolatron of St. Fi-nnbarr Farm Rules
3.09 Drainage and Irrigation
3.10 No Hazardou.s Activities
3.11 No Ternporary Structures
3.LZ No Nlining and Drilling
3.13 Vechicles
3.14 Construction Activities
3.15 Exemption of Grantor
3.16 Assignment by Grantor
4
4
4
5
5
5
5
5
6
6
6
E:b
6
7
7
4.0L Residential and Residential Open
4.02 Improvements and Use
4.03 Residential Use; Rentals
4.04 Animals
4.05 Unsightly Articles
ARTICLE IV
PERMITTED USES AND RESTP.ICTIONS
RESIDENT AREAS
Qn:napt/,jvg 7
7
7I
I
ARTTCLE V
PERMITTED USES AND RESTRICTIONS
OTHER AREAS
5.01 Residential Open Space Area
District
5.02 Commerical Area
5.03 Reserved Aqricultural Area
and Common Open Space
tg'
I
I
9
9
9
9
ARTICI,E VI
ST. FINNBARR FAF.rrl ASSOCIATION
6.0I Organization
6.02 Membership
6.03 Voting Rights
rABLE OF CONTEI.ITS CONTINUED
6.04 Meetings of Members ' .
6.05 Duties of the Association . .
6.06 Porvers and Authority of the Association
6.A7 Indemnification . '
6.08 Assessment Benefiting Specific Areas
6.09 Diseased Trees
ARTICLE VII
ASSOCIATION PROPERTY
Page
10
11
L3
16
L7
L7
18
18
19
7.01 Use
7.02 Damages
7.03 Damage and
"Destruction
ARTICLE tr7III
ARCHI TECTURAL COI,II\,II TTEE
8.01 Members of Committee
8.02 Grantorrs Rights of Appointment
8.03 Review of Proposed Construction
8.04 Meetings of the Conrnittee
8.05 No Waiver of Future APProvals
8.06 Compensation of Members
8.07 Inspection of Work
8.08 Nonliability of Committee Members .
8.09 Variances .
8.10 Obligations With Respect to Zoning and
divisions .
ARTICLE IX
FT'NDS AND ASSESSMENTS
Sub-
20
20
20
2L
2L
2L
2L
22
22
23
9.01 St. Finnbarr Farm Maintenance Fund
9.02 Regular Annual Assessments
9.03 Special Assessments
9.04 Late Charges
9.05 Unpaid Assessments as Liens
9.06 Mortgage Protection
9.07 Effect of Amendments on Mortgages
9.08 Subordination
23
23
23
24
24
24
24
24
25
25
25
25
25
26
10.01
10.02
10.03
10.04
10.05
10.06
Term
Amendment,
NoticesInterpretation
Enforcement and
Construction
ARTICLE X
MISCELI,ANEOUS
Nonwaiver . . -\r.
FOR P.EVIEI{
August 21,
& ccili!]lT
L97 9
THIStions of
L979, by
MASTER DECLARATION
oF covENANTS, CONDTTToNS AND RESTRTCTTONS
OF ST. FINNBARR FARM
Conditions
day of
and Restric-
,
IITASTER DECLARATION Of COVCNANTS,
St. Finnbarr Farm is made this
Jack W. Jenkins ("Grantor").
RECITALS
A. Grantor is the owner of the real property in the County
of Garfie}d, State of Colorado, which is more particularly
described on Exhibit rrArt attached hereto and by this reference
incorporated herein, whlch described real property, together with
certain additi-onal lands, ds hereinafter provided, is hereinafter
referred to as "St. Finnbarr Farm" or "the Farm".
B. St. Finnbarr Farm is an area of natural beauty, featur-
ing distinctive terrain. It is the desire and intent of Grantor
to create a community in which such beauty shall be substantially
preserved and, for the enjoyment and convenience of the persons
iivirrg on the Farm, enchanced by the installation and operation
of recreational and limited commercial facilities. These
covenants, conditions and restrictions, aI1 of which are herein-
after included in the term "Master Declaration", are intended to
secure such objectives.
DECLARATION
IIOW, THEREFORE, Grantor hereby declares that St. Finnbarr
Farm is and shall- henceforth be owned, held, conveyed, encumbered,
leased, improved, used, occupied and enjoyed subject to the
following covenants, conditj-ons, restrictions and equitable
servitudes in furtherance of, and the same shall constitute, a
general plan for the subdivision, ownership, improvement, sa1e,
use and occupancy of the Farm, and to enhance the vaIue, desir-
ability and attractiveness of the Farm. This Master Declaration
shall run wj-th the Farm and all parts thereof, shall be binding
upon all persons having or acquiring any interest in the Farm or
any part thereof; shall inure to the benefit of and be binding
upon every part of the Farrn and every interest therein; and shall
inure to the benefit of, be binding upon, and be enforceable by
Grantor, his successors in i-nterest, each Owner and his successors
in interest, and the Association and its successors in interest.
ARTICLE I
DEFINITIONS
Unless the context otherwise specifies or requires, the
following words and phrases when used in this Master Declaratlon
shal1 have the meanings hereinafter specified.
1. ARCHITECTURAL COMI4ITTEE (hereinafter sometimes
"Committee") shall mean the committee "created pursuant to
Article VIII hereof.
2. ARCHITECTURAL COMMITTEEE RULES (hereinafter soMCtlMCS
"Committee Rules") shaIl mean the rules adopted by the Architec-
tural Committee pursuant to Section 8.03 hereof
3. ARTICLES shalt mean the Articles of Incorporation of
the St. Finnbarr Farm Association which have been or wi-1l be
filed j-n the office of the Secretary of StaLe of the State of
Colorador Ers the same may from time to tlme be amended.
4. ASSESSMENTS shall mean assessments of the Association
and includes both regular and special assessments. An ASSESSI\IENT
shall have the meaning set forth in Section 6.06A hereof'
5. ASSOCIATION shall mean St. Finnbarr Farm Association,
the nonprofit Colorado corporation describeo in Article VI hereof,
and its successors.
6. ASSOCIATION PROPERTY shall mean all real and personal
property now or hereafter owned by or leased to the Association-
7. BENEFICIARY shall mean a mortgagee under a mortgage or
a beneficiary under a deed of trust, as the case may be.
8. BOARD shaI1 mean the Board of Directors of the Associa-
tion.
g. ByLAWS shall mean the Bylaws of the Association which
may be adopted by the Board, as such Bylaws may be amended from
time to ti-me.
10. COMI',IERCIAL SITE shall mean any unit of land, whether
or not improved, whi-ch is desi-gnated for Commercial Use. If such
COITMERCIAL SITE is shown on a recorded Subdivision p1at, its size
and dimensions shall be as shown thereon; and if such COMMERCIAI
SITE is not shown on a recorded Subdivision plat, its si-ze and
dimensions shall be established by the 1ega1 description in the
original recorded conveyance from Grantor to the first fee owner
theieof . A COI4I,IERCIAL SITE may also be established as such by
Grantor by a recorded instrument wherein Grantor deslgnates a
unit of land. as a COMIvIERCIAL SITE.
11. COIIIUERCIAL USE shall mean any offlce or business use, in-
cludS-ng any activ:-ty involving the of fering or- goods or services.
L2. COMMON OPEN SPACE DISTRTCT oT COMMON OPEN SPACE ShAII
mean all areas designated by Grantor as thereafter to be held
for open space, agricultural purposes or recreational purposes
for the benefit of a1I Members.
13. CUSTOM HOD,IE LOT shall mean each of the Lots clesignated
for resj.dences on the plat of The St. Finnbarr Farm Subdivision
when recorded.
L4. DEED OF TRUST shall mean a mortgage or a deed of trust,
as the case may be.
15. GRANTOR sha1l mean Jack W. Jenkins, and his successors
in interest.
16. IMPROVEMENT shall mean every structure and all appurten-
ances thereto of every type and kind, including but not l-imited to
buildings, outbuildings, patios, tennis courts, swimming poo1s,
garages, doghouses, barns, riding arenas, stables, mailboxes,
aerials, antennas, roads, drivew&YS, path-ways, parking areas,
fences, screening wal1s, retaining wa1Is, stairs, decks, land-
scaping, hedges, windbreaks, planting, planted trees and shrubs,
po1es, signs, exterior air conditioning, water softener fixtures
or eqUipment, and"po1eS, pumps, wellsr\"tanks, reservoirS, pipes,
Iines, meters, towers and other facilities used in connection with
water, sewer, 9ds, electric, telephone, regul-ar or cable tele-
visionr or other utilities.
L7. LOT shalt mean any unit of land with is designated on
any recorded Subdivision plat, whether or not improved, for a
single-family residence or Townhouse Unit. LOT includes CUSTOM
HOME LOT except where the context otherwise specifies or requires,
and except that special provision wlth respect to the voting
2-
rights of Owners of CUSTOII HOME LOTS, with respect to assessments
against CUSTOI4 HOI"IE LOTS and with respect to the use of Associa-tion Property by Owners of CUSTOM HOME LOTS are set forth inSections 6.03A, 6.06A and 7.01 respectively.
18. IvIANAGER shal1 mean the person, f irm or corporation em-ployed by the Association pursuant to Section 6.06E and delegate<lthe duties, powers or functions of the Association pursuant to
said, Section
19. MASTER DECLARATION (herein sometimes "Declaration")shall mean this instrument as it may be amended from time totime.
20. I4EMBER shall mean any person who is a member of theAssociation pursuant to Section 6.02 hereof.
2L. MORTGAGE shall mean any mortgage or deed of trust givento secure the payment of a debt.
22. NOTICE AND HEARING sha1l mean ten days' written noticegiven as in Section 10.03 provided and a public hearing at whichthe person to whom the notj-ce is directed shall have the oppor-tunity to be heard. in person or by counsel at his expense.
23. OWNER shall mean (a) the person or persons, includingGrantor, holding an aggregate fee simple interest in a unit ofland or a Townhouse Unit, or r ds the case may be, (b) the pur-chaser of an aggregate fee simple interest in a uni-t of rand. ora Townhouse Unlt under an executory contract sa1e.
24. PERSON' shal1 mean a natural individual or any otherentity with the lega1 right to hold time to real property.
25. PLANS AND SPECIFICATIONS shall mean any and all docu-ments desi-gned to guide or control the rmprovement or otherproposal j-n question, including but not l-imited to thoseindi-cating size, shape, configruration or materj.als, all sitep1ans, excavation and grading p1ans, f oundatj-on plans , draJ-nageplans, landscaping and fencing plans, erevation drawings, floorplans, specifications on all building products and contructiontechniques, samples or exterior corois, plans for utility ser-vices, and all other documentation or information relevant tothe Improvement or proposal in question.
26. PUD PLAN sha1l mean the Planned Unit Development planapproved. by Garfield County for St. Finnbarr Farm.
27. REcoRD, RECORDED, AND RECORDATTON shall mean, withrespect to any document, the recordation of such document inthe office of the crerk and Recorder of Garfield county.
28. RESERVED AGRTCULTURAL AREA sha11 mean any portion ofst. r'innbarr Farm owned by Grantor; provided, nowevei, that sucharea shall be subject to the restrictions set forth in Section5-03 and that access to the area or facilities thereon may belimited to dues paying members, non-members, subject to fees andother chargesr or otherwj.se conditioned or restricted, and macleavailable to new rnembers, all on such t,erms and conditions asGrantor may determine.
29. FESTDENTTAL opEN spACE shall mean any portion of st,.Fj-nnbarr Farm, other than common open space and the ReservedAgriculturar Area, for the primary beneiit of the owners andoccupants of a particular area.
3-
30. ST. FINNBARR FARM shall mean all that real property
described on Exhibit rrAtr to this Ivlaster Declaration.
31. ST. PINNBARR FARM MAINTE}JANCE EUND sha1I meAn thc fUNd
created for the receipts and disbursements of the Associatj-on,
pursuant to Section 9.01 hereof
32. ST. PINNBARR FARM RULES sha1l mean the rules adopted
by the Board pursuant to Section 6.05F hereof, ds they may be
amended from time to time.
33. SUBDIVISION shall mean a parcel of land which has been
shorvn on a final and recorded subdividion plat pursuant to
the Garfield County Subdivision Regulations.
34. TOWNHOUSE BUILDING shall mean a buiiding containing
Townhouse Uni-ts.
35. TOWNHOUSE SITE shatl mean any uni-t of land designated
for Townhouse Units on the plat of the St. Finnbarr Farm Sub-
division when recorded.
35. TOWNHOUSE UNIT shal-1 mean only a residental townhouse
unit.
ARTICLE II
DEVELOPMENT OF ST. FINNBARR FARM
SECTION 2.0L Subdivision and Development by Grantor. Grantor
inten to develop
some of said areas and, to dedicate some of said areas as Common
Open Space and Residental Open Space and to place certain restric-
tions upon the use cf the Reserved Agri-cultural Area , fctr the
benefit of the developed area, in accordance with a PUD plan for
the Farm. It is contemplated that the Farm will be developedpursuant to such PUD plan, in which the development of, andrestrictions upon, each portion thereof will benefit each otherportion and the whole thereof.
ARTICLE III
GENERAL RESTRICTIONS
A1I real property within St. Finnbarr Farm sha1l be owned,held, conveyed., encumbered, leaseC, used, occupied and enjoyedsubject to the following limitations and restrictions:
SECTION 3.01 Antennas. Except f or any whj.ch ffidy, aterant ed. by Giantor or Grantor's designatedrepresentativer rro exterlor radio or televisj-on antenna or aerialshall be errected or maintained in St. Flnnbarr Farm without the
prJ-or wri-tten approval of the Architectural Committee.
SECTION 3.02 fnsurance Rates. Nothing sha1l be done or keptin St crease the rate of insurance on
any Association Property wi-thout the approval of the Board, nor
shal1 anything be done or kept in St. Finnbarr Farm which wouldresult in the cancellation of insurance on any Association Pro-perty or which would be in violatlon of any law.
SECTION 3.03 No Further Subdividing. No Lot, Common OpenSpace gricultural Area, Town-
house Unit shall be further divided or subdivj-ded, nor may any
. easement or other j-nterest therein less than the whole be conveyedby the Owner thereof without the prior written approval of theArchitectural committee; provided, however, that when Grantor isthe Owner thereof, Grantor may further drvlde and subdivide anyLot or the Reserved Agricultural Area and Townhouse Unit and
4-
convey any easement or other interest'less than +'he whole, all
without the approval of the Architectural Committeei and provided'
further, that iothing herein shall be deelrted to require the
.pp=orr.i of the Architectural Conunittee for the transfer or sale
oi'.ty Lot, including Improvements thereon, or Townhouse Unit to
more Lhan one person-to be hetd by them as tenants in common or
joint tenantsr'or for the granting of any mortgage or deed of
trust.
' SECTION 3.04 Signs. No sign of any kind shall be displayed
to th@ut the approval of the Architectural
Committee; provided, however, that Signs not more than three feet
by two feet of plain white rvith btack block letters may be dis-
played on or frlm a residence advertising the resj-dence for sale
or lease. No ftashing or moving signs shall be permitted on St'
Fi-nnbarr Farm.
SECTION 3.05 Nuisances. No rubbish or debris of any kind
sfraff to accumulate upon any property
within St. Finnbarr Farm and no odors shall be permitted to arise
therefrom So aS to render any such property or any portion there-
of unsanitary, unsightly, offensive or detrimental to any other
property or of its occupants. No noise or other nuisance shall
Ue lermittea to exist or operate upon any such propert-y so as to
be offensive or detrimental to any other property or to its
occupants. Without limiting the generality of anY of the fore-
goin! provisions, no exterior speakers, horns, rvhistles, bells or
otnei lound devices (other than security devices used exclusively
for security purposes) shalL be located, used or placed on any
such properly without the prJ-or written approval of the Board.
SECTION 3.06 Repair of Bulldings. No Improvement hereafter
const innbarr Earm sha1l be Per-
mitted to fal1 into disrepair, and each sucir Improvement shall at
all times be kept j-n good condition and repai-r and adequately
painted or otherwise finished by the Owner thereof.
SECTION 3.07 Improvements and Alterations. There sha11 be
no co section 3.06
above, excavatj-on, alteration whi-ch in any way alters the exterior
appearance of any Improvement, or removal of any Improvement with-
out the prior approval of the Architectural Committee.
SECTION 3.08 Violation of St. Finnbarr Farm Rules. There
shall ce adoPted
by the Board and made available to the Persons affected thereby.
If any Owner or his family or any guest, Iicensee, lessee or
invitee of such Owner or his family violates the St. Finnbarr Earm
Rules, the Board may invoke any one or more of the following
remedies: (a) impose a speci-al charge upon such Owner of a rea-
sonable amount as determined by the Board for each violation;
(b) suspend the right of such Owner and his family, guests,
licensees, Iessees and invrtees to use Association Property under
such conditions as the Board may specify, for a period of not to
exceed thirty days for each violati-on; (c) cause the violation to
be cured and charge the cost thereof to such Owner; and (d) obtain
injunctive relief against the conti-nuance of such violation. Be-
fore invoking any such remedy, the Board sha11 give such Owner
Notice and Hearj-ng except that the Board may suspend the right of
any Owner and his family, guests, licensees, lessees and invitees
without Notice and Hearing for any period during which any Assess-
ment owned by such Owner is past due and unpaid. Any assessment
or charge imposed under this Section 3.08 which remains unpaid
fot a period of ten days or more, shall become a lien upon the
Ownerrs land or Townhouse Unit upon its inclusion in a recorded
notice thereof and may be collected as provided in erticle IX
below for the collection of other Assessments.
5-
SECTION 3.09 Drainaqe and lrri-gaticn. There shall be no
inter e and irrigation
patterns over any property within St. Finnbarr Farm except by
Grantor, unless adequate provisi-on is made for proper drainage
and irrigation and approved by the Architectural Committee.
SECTION 3.10 l{o Hazardous Activities. No activities sha1l
be co ements constructed on
any property which are or might be unsafe or hazardous to any
person or property. Without limiting the generali.ty of the fore-
goingr Do firearams shall be discharged upon any property except
in any portions of the Common Open Space or Residental Open
Space areas designated for skeet sirooting or rifle or pistol
range purposes by Grantor, or by the Association as to Associa-
tj-on Property; and no ope:"I fires shal1 be lighted or permitted
on any property except in a contained barbecue unit while attend-
ed and in use for cooking purposes or within a safe and well-
d.esigned interior fireplace or except such campfires or picnic
fj-res in the portions of the Communj-ty Open Space or Residential
Open Space areas designated for such use by Grantor, or by the
Associatj-on as to Association Property.
SECTION 3.11 No Temporarlz Structures. No tent or shack or
other structure sha1l be
placed upon any property, except that, subject to the St. Finn-
barr Farm Ru1es, tents may be used for overnight recreational
camping on designated portions of Common Open Space or Resj-den-
tial Open Space area; and except that temporary structures
necessary for storage of tools and equipment and for office space
for architects, builders and foremen during actual construction
may be maintained with the prior approval of Grantor, such
approval to include the nature, sj-ze and location of such struc-
ture.
SECTION 3.L2 No Mining and Dri11ing, No property shall be
used , clri1ling, boring or
exploring for or removing water, oiI, 9ds or other hydrocarbons,
minerals of any kind, rocks, stones, sand, gravel, aggrregate orearth, except that Grantor or the Association ilay, by appropriatewritten permit, grant, license or easement, alLorv the drilling of
wells and the installation of infiltration galleries for theextraction of water; and except that Grantor or the Association
ildY, by appropriate written permit, grant, license or easement,allow any of the foregoing activities to the extent permitted byapplicable zoning.
SECTION 3.13 Vehicles. The use of al-l vehicles, including
butnautomobi1es,graders,boats,tractorS,pickups, mobile homes, trailers, buses, campers, recreationalvehicles, bicycles, motorcyles, motor scotters, wagons, sleiqhs
and snowmobiles, shall be subject to the St. Finnbarr Farm Rules,
which may prohibit or limit the use thereof within specifiedparts of St. Finnbarr Farm, and which may also provide parking
and storage regulations and adopt other rules regulating the same.
SECTION 3.14 Construction Activities. This Master Declara-tion asonably interfere withor prevent normal construction activj-ties during the constructionof Improvements by an Owner (including*.Grantor) upon propertywithin St. Finnbarr Farms provided that when completed such
Improvements shall in all ways conform to this Master Declaration.Specificallyr rro such construction activities shalI be deemed toconstitute a nuisance or a violation of this Master Declarationby reason of noise, dust, presence of vehicles or construction
machinery, posting of signs or similar acti-vities, provided that
such cohstruction is pursued to completion wlth reasonable dili-gence, is in compliance with applicable federal, state and local
6-
laws and ordinances and any rules and regulations adopted pursuant
hereto, and conforms to usuai construction practices in the area.In the event of any dispute, a temporary waiver of the applicable
provisj-on prohibiting temporary structures, may be granted by theArchitectural Committee, provided that such waiver shall be only
for the reasonable period of such construction. Such waiver frdy,but need not, be recorded or in recordable form.
SECTION 3.15 Exemption of Grantor. Notwithstanding anythingin th dry, neither Grantor nor
any of Grantorrs activj.ties sha1I in any way be subject to thecontrol of or under the jurisdiction of the Architectural Com-mittee. Without in any way limiting the generality of the pre-
ceding sentence, this Itlaster Declaration shall not prevent orlimit the right of Grantor to excavate and grade, to construct
and. alter drainage patterns and facilities, to construct any andall other types of Improvements, to maj-ntian model homes and con-struction, sales and leasing offices and similar facilities, andto post signs incidental to construction, sales and leasing, all
anywhere on the I'arm.
SECTION 3.16 Assignment by Grantor. Any other provision ofthis notwithstanding, Grantor
may assign in whole or in part any of its privileges, exemptions,rights and. duties under this Master Declaration to any other
Person and. may permit the partj-ci-pation in r^rhole or in part by
any other Person in any of its privileges, exemptions, rights
and duties hereunder. Without in any way limiting the generality
of the preceding sentence, Grantor may exempt any Person from thecontrol and jurisdiction of the Architectural Committee.
ARTTCLE IV
PERI,IITTED USES AND RESTRTCTIONS
RESIDENTIAL AREAS
SECTION 4.01 Residential and Residential Open Space. Altprope effion open
Space and. Resid.ential Open Space in such residential area) shallbe improved and used solely for resi-dential usei except that any
Common Open Space and Residentj-a1 Open Space in such residentialarea may be improved and used for active and passive recreationalpurposes for the pri-mary benefit of the Owners and occupants ofLots and Townhouse Sites in such residential area; and exceptthatr ds to any specific area, Grantor (or the Board if delegatedby Grantor) ilay, in his sole and absolute discretion, permitother Improrrments and. uses consistent with the zonj-ng then ineffect for such specifi-c area.
SECTION 4.02 Improvements and Use.
A. No Lot shal1 be improved or used except by a dwellingor structure designed to accornmodate no more than a single family
and its servants and occasional guests, plus a garage, fencing and
such other Improvements as are necessary or customarily incidentto a single-family residence.
B. Except no Townhouse Site shall be improved or used ex-cept by a townhouse, except that a Tovgnhouse Site may also be
used for single-family residential purposes to the extent per-mitted by applicable zoning and the St. Finnbarr Farm Restrictions.
SECTION 4.03 Residential Use; Renta1s. No residenceLot or To purpose othersingle-family residential purposes. However, nothing inDeclaration sha11 prevent the rental of property within a
on any
than
this
7-
residential area by the Owner thereof for residential purposes, oi
either a short or long-term basis subject to all the provisions of
the St. Finnbarr Farm Restrictions. No commune, co-operative or
similar type living arrangrement shall be permitted anywhere on
St. Finnbarr Farrn.
SECTION 4.04 Animals. No kennel or other facility for rais-
ing o ther animals for commercial purposes
shal1 be kept on any Lot or Townhouse Site. No animals of any
kind shall be ralsed, bred or kept on any Lot or Townhouse Site
except dogs, cats or other ord.inary household pets. No poultry
maybe kept on any Lot or Townhouse Site.
SECTION 4.05 Unsightly Articles. No unsightly article shal1
be pe Townhouse Site so as to be
visible frorn adjoining property or public or private -.horougrhfares.
Without limiting the generality of the foregroing, trailers, mobile
homes, recreational vehicles, graders, trucks other than pickups,
boats, tractors, campers, wagons, buses, sleighs, motorcycles,
motor scooters, snowmobrles, snow removal equipment and garden
and maintenance equipment shall be kept at all times, except rvhen
in actual use, in an enclosed structure or screened from view and
no repair or maintenance work shalI be done on any of the fore-
going t oE on any automobile, other than minor emergency repairs,
except in an enclosed garage or other structure; refuse, garbage,
and. trash shall be kept at all times in a covered, noiseless con-
tainer and any such container shall be kept within an encloseo
structure or appropriately screened from vj-ew; servi-ce areas,
storage areas, compost piles and facilities for handirg, drying
or airj-ng clothing or household fabrics shall be appropriately
screened from view; no lumber, grass, plant waste, shrub or tree
clippings, metals, bulk materials or scrap or refuse or trash shall
be kept, stored or allowed to accumulate on any property exceptwithin an enclosed structure or appropriately screened from viewi
and liquid propane 9ds r oil and other exterior tanks shall be
kept within an enclosed structure or permanently screened from
view
ARTICLE V
PERMITTED USES AND RESTRICTIONS
OTHER AREAS
SECTION 5.01 R.esidential Open Space Area and Common OpenSpace nto the contrary notwlthstandingr no land within any Residential
Open Space and Common Open Space area shal1 be improved by any
Improvement, used or occupied except in such manner as sha1l
have been approved by Grantor in his sole and absolute discre-tion. Such required approval shalI extend to t.he nature and
type of use, occupancy and fmprovement, and may be given by
recorded Supplemental Declaration. Grantor may delegate hisright to grant such approvals to the Board. No approval sha1l
be granted which would be j-n contravention of the zoning thenin effect for the area in question.
SECTION 5.02 Commercial Area. No noxious or offensivetrade sinesses shall be conductedon the Commercial Site, nor shal1 anytfring be done thereon
which may be or become an annoyance or nuisance to other
Owners or to other occupants of lands within St. Finnbarr Farm,by reason of unsightliness r et excessive emissions of furnes,
exhaust, odors, glare, vibratj-on, solid waste, heat, smoke,
noise or otherwj-se. Each Owner and each occupant of, a Com-mercial Site shall keep such Site and the Improvements thereonin a safe, clean, neat and wholesome condition, and shallcomply in all respects with alI applicable governmental re-quirements and the St. Finnbarr Farm Restrictions.
8-
. 9ECTEN 5.03 Reserved Agricurturar Area. Any other provi-slon l-n tflls Master Declaration to the contrary notwithstanding,no land within the Reserved Agricultural Area shall be improvedtvith any improvement for residential, conrmercial or industrialuse provided, however, that as a commercial enterprise horses,eattle and sheep may be raised, bred and boarded on the ReservedAgricultural Area and such area may be used for the commercialproduction of hay and similar agrilultural uses.
sr. FTNNBilf,-Flfir'issocrArroN
SECTION 5.01 Organization. The Association is a nonprofit€610r r the purposes, charged with theduties, and invested with the powers prelcribed by iaw or setforth in its Articles and Bylaws or i; this Master Declaration.Neither the Articles nor Bylaws sha11 for any reason be amendedor otherwise changed or interpreted so as to be inconsistentwith this Master Declaration.
, ^^_SFCTION 6.02 Membership. Only the Owners defined. in Section6.03A below and Grantor shall be l,lembers of the Associationi pro-vided, however, that no person shalr be a Member by reason of6wnership of any park, pubric 1and., road, easement-, right of rvay,minerar interest, mortgage or deed of trust. Each owner as€lefined in the preceding sentence shal1 automatically be aMember of the Association without the necessity of airy furtheraetion on his part, and Association membership shal1 6" uppur-E€nant to and shall run with the property interest ownersfrip ofwhich qualifies the owner thereof to membership. Membership mayhot be severed fromr or in any way transferred, pled.ged, moltgai"d,sr alienated except together with, the title to Lrre propertyinterest, ownership of which qualifies the Owner theieof to mem-bership, and then only to the transferee of title to sai_dproperty interest. Any attempt to make a prohibited severance,€sansfer, pledge, mortgage or ar-ienation sharr be void
SECTTON 6.03 Voting Rights.
A. Entitlement. The right to cast votes, and. the numberof votes wfrffiGEy Ue case , for election of members to the Boardof Directors of the Association and on all other matters to bevoted on by the Members sharl be calculated as folrows:
(a) The Olrner (including Grantor)improved or unimproved, lha1l haveLot;
(b) The Owner (including Grantor) of each completed Town-house site or Townhouse unit in a Townhouse auitding shalIhave vote for each such condominium unit for which acertiffiEe of occupancy has been issued by the appropriategovernmental authorities ;
(c) The owner (including Grantor) of each business withinthe commercial site shall be entitled to vote;
(d) The Owner (including Grantorr) of the Reserved Agricul-' tural Area sha11 have vote for each fu11 acre andvote for each addIEi6na1 fractional acre less than affiacre in such Reserved Agricultural Area.
To the extent that certificates of occupancy are not thenrequired for any single-family residence or Townhouse Unj-ts atthe time of completion of construction the Ownetr thereof shall
of each Custom Home Lot,vote for each such
9-
be a Member and shal1 have a vote under subparagraph (b) or (c),
as the case may be, upon completion of construction and notwith-
standing that no certificate of occupancy iras been issued.
B. Joint or Common Qvrnership.. If any property interest,
ownership er thereof to vote, is heldjointly or in common by more than one Person, the vote or votes
to which such property interest is entitled shall also be heldjointly or in common in the same manner. However, the vote orvotes for such property interest shall be cast, if at aIlr ds a
unit, and neither fractional votes nor split votes shall beallowed. In the event that such joint or common Owners are
unable to agree among themselves as to how t-heir vote or votesshall be cast as a unit, they sha11 lose +-heir right to casttheir vote or votes on the matter in question. Any joint or
conrmon Owner shall be entitled to cast the vote or votes be-
longing to the joint or common Owners unless another joint or
contmon Owner shall have delivered to the Secretary of the
Association prior to the election of a written statement to theeffect that the Owner wishing to cast the vote or votes has not
been authorized to do so by the other joint or common Owner or
Ourners.
C. Proxy Voting.
a revocable written proxy
to cast the Ownerrs votesshall be i-n such form as
Master Association.
Any Owner, including Grantor, may give
to any person authorizing the latter
on any matter. Such written proxy
may be prescribed by the Bylaws of the
SECTION 6.04 Meetings of Members. There shall be an annual
regul Master Association of thefirst Tuesday in March of each year at 10:00 a.m. at the princi-pal office of the Association. Except as in the next sentenceprovidedr oo notice need by given of said annual regular meet.ing.
Said annual regular meeting may be helo at such other reasonableplace or time (not more than 30 days before or after the afore-said date) as may be designated by notice of the Board given tothe Members not less than ten nor more than fifty days prior tothe date fixed for said regular meeting. Special meetings of
the Members may be cal1ed at any reasonable time and place by
not.ice by the Board or by notice by lr4embers having one-fifth ofthe total votes, delivered not less than ten or mailed not less
than fifteen days prior to the date fixed for said special meet-ing, to all Members if given by the Board and to all other
l4embers if given by said Members. AI1 notices of meetings shall
be addressed to each Member as his address appears on the booksof the Association.
The presence at any meeting, in person or by proxy, of Mem-bers entitled to vote at least a majority of the total votes
outstanding shall constitute a quorum. If any meeting cannot be
held because a guorum is not present, the Members present, eitherin person or by proxy, may adjourn the meeting to a time not less
than 48 hours nor more than 30 days from the time set for theoriginal meeting, dt which adjourned meeting the quorum require-
ment shall be the Members entitled to vote 252 of the total votes.
The President of the Board of Directors, or in his absence
the Vice Presid.ent, shal1 caII meetinjs of Members to order andact as chairman of such meetings. In the absence of both of saidofficers, dtry Member entitled to vote thereat or any proxy of any
such Member may call the meeting to order, and a chairman of the
meeting shall be elected. The Secretary of the Assocj-ation t otin his absence the Assistant Secretary, shall act as secretary ofthe meeting. In the absence of both the Secretary and theAssistant Secretdry, a secretary shalI be selected in the manneraforesaid for selecting a chairman of the meeting.
10
Except as provided otherwise in the Master Declaration in-
cluding in Section 7.03 and in Section I0.2 below, dDY action
may be taken at any legally convened meeting of the Members upon
tha affirmative vote of the Members having a majority of the
total voLes present at such meeting in person or by proxy.
SECTION 6.05 Duties of the Association. Subject to and in
accor ictions, the Associa-
tion shall have and perform each of the following duties for the
beinefit of the Members of the Association:
A. Residential Open Space and Comrnon Open Epacq Argas ---
Associatio , operate and maintain all
and Common Open Space areas which may be
conveyed or leased to it. by Grantor, together with all Improve-
ments of whatever kind and for whatever purpose which may be
located in said areas; and. to accept, own, operate and maintain
all other property, real ano personal, conveyed free of mortgage
or deed of trust or leased to the Assocj-ation by Grantor.
B. Title to Property Upon Dissolution: To pay over or
convey,uponffieMasterAssociation,theaSSetSof tfre asiociation to one or more exempt organizations of the
kind described in Section 501 (c) of the Internal Revenue Code
of 1954, ds amended from time to time.
C. Repair and Maintenance of Ass99i9ti9n PSopertlr' To
maintaini@conditionaIIlands,ImprovementS,
and other AssociaLion Property owned by or leased to the
Association"
D. Payment of Taxes. To pay all real and personal pro-
PertytaxeffisandasSeSSmentS]-evieduponorwithiespect to any property o',^rned by or leased to the Association,
to Lhe extent that such taxes and assessments are not levied
directly upon the Members. The Association shalI have all rights
granted by law to contest the legatity and the amount of such
taxes and assessments.
E. fnsurance. To obtain and maintain in effect policies
of insuran6@5te, in the opinion of the Board, in kind and
amount. Without limiting the generality of the preceding
sentence, such policies of insurance shall include:
(1) Fi.re and extended coveragie insurance on aII Improve-
ments owned by or leased to the Association, the amount of
such insurance to be not less than 9OZ of the aggregate full
insurable value, meaning actual replacement cost exclusive
of the costs of excavations, foundations and footings. Such
insurance shall insure the Association and the mortgagees,
as their interest may appear. As to each such policy which
will not be thereby voided or impaired, the Association
hereby waives and ieleases all claims against the Board and
Grantor, and the officers, agents and employees of each
thereof, with respect to any loss covered by such insurance,
whether or not caused by negiligence of or breach of any
agreement by said persons, but only to the extent that
insurance pioceeds are received ip compensation for such
loss. ff Lhe foregoing exculpatory clause is held to be
j.nvalid., then the liability of the insurance company shall
be primary, and. the liability of the Board, Grantor, and the
officers, agents and employees of the Board and of Grantor
shall be secondary.
(21 Bodily injury liability insurance, with limits of not
Iess than $500,000 per person and $1,000r000 per occurrence
and property damage liability insurance of not less than
11
$50 r 000 per occurrence, insuring against liability for
death, bodily injury or property damage arising from
activities of the Association or rvith respect to property
under its jurisdiction, including, if obtainable, a cross-
liability endorsement insuring each insured against liabi-lity endorsement insuring each insured against liability to
each other insured. The liability insurance policies re-
ferred to above shall name as separately Brotected insureds
Grantor, the Associationr. the Board and each of its members,
the Architectural Committee and each of its members, and the
Manager, and such policies may also name some or all of the
respective officers, employees and agents of the foregoing.
(3) Workmen's Compensation Insurance to the extent necessary
to comply with all applicable laws.
(4) A fidelity bond in the penal amount of not less than
$25,000, naming the members of the Board and such other
persons as may be designated by the Board as principals
and the Association as obligee.
(5) Such other insurance, including indemnity and other
bonds r ds the Board shalI deem necessary or expedient to
carrying out the Association's functions.
The Association shal1 be deemed trustee of the interest of
all Members in all insurance proceeds, and shal1 have fuI1 power
to receive and to deal with such proceeds
F. St. Finnbarr Farm Rules. To make, establish and pro-
mulgate, a amend or repeal and reenact,
such St. Finnbarr Farm Rules, not in contradiction of this
llaster Declaration, as it deems proper covering any and aII
aspects of its functions, including the use and occupanclr of
Association Property. Without limiting the generality of the
foregoing sentence, such Rules may set dues and fees and pre-
scribe the regulations governing the operation of AssociationProperty. Each Member shal1 be entitled to examine such Rules
at any time during normal working hours at the principal office
of the Association.
G. Architectural Committee. To appoint and remove Members
of the arc provided in Section B.O2 hereof,
and to insure that at all reasonable times there is available aduly constituted and. appointed Architectural Committee.
H. Enforcement Hereof. To enforce, in its own behalf and
in behalf @ of the covenants, conditions and
restrictions set forth in this Ivlaster Declaration, under an
irrecovable agency (hereby granted) coupled with an interest, ds
beneficiary of said covenants, conditions and restrictions, and
as assignee of Grantor; and to perform all other acts, whetheror not anywhere expressly authorized, as may be reasonably
necessary to enforce any of the provisions of the St. Finnbarr
Farm Restrictions or of the Architectural Committee Rules.
I. Long-Term Financing. To execute mortgages and d.eeds of
trust, both construction and permanent, for construction of
facilities, including Improvements, oi property owned by or
leased to the Association,and to accept lands in Residential Open
Space and Common Open Space areas, whether or not improved, from
Grantor subject to such mortgages and deeds of trust. Such
financing may be effected through conventional mortgages or deeds
of trust, the issuance and sale of development or other bondsr or
in any other form or manner as may be deemed appropriate by theborrower, whether that be Grantor or the Association. The mort-
gage, deed of trustr or other security interest given to secure
L2
other junior lien, &s shall be deemed appropriate by such
borrower, whether that be Grantor of the Association, on the
Improvement or other facility to be constructed, together with
such underlying and surrounding lands as Grantor or the Associa-
tion, dS the case may be, deems approprj-ate. The debt Secured
by such mortgage, deed of trust or other security instrument may
be retired from revenues gfenerated by dues, use fees, assessment
of the Members of the Association, or otherwise, oI any combina-
tion thereof, dS may be deemed appropriate by Grantor or t-he
Association, as the case may be, but subject to the limitations
imposed by this Master Declaration.
J. Audit. To provide an annual audit by an indepkndenn
certifiea pffiI-ic accountant of the accounts of the Association
and to make a copy of such audit available to each Member during
normal business hours at the principal office of the Association.
Any Ivlember may at any time ano at his own expense cause an audit
or inspection to be made of the books and records of the Associa-
tion by a certified. public accountant provided that such audit
or inspection is made during normal business hours and without
unnecessary interference with the operations of the Association.
K. Other. To carry out all duties of the Association set
forth in tEe S't.. Finnbarr Farm Restrictions, or the Articles or
Bylaws of the Association.
SECTION 6.06 Powers and Authority of the Association. The
assoc of a Colorado non-Profit
corporation, subject only to such timitations upon the exercise
of such power as are expressly set forth in this Master Declara-
tion. It shal1 further have the power to do and perform any and
alt acts which may be necessary or proper for Or incidental to
the exercise of anY of the express powers granted to it by the
laws of Colorado or by this Master Declaration. I,Tithout in any
way limiting the generality of the two preceding sentences, the
AsEociation shall have the power and authority at a1I times:
A. Assessments. To levy Assessments aS in this Section
6.06A provffi6E-I-E-Tssessment is defined for purposes of this
Section 6.06A as that sum which must be levied in the manner and
against the property sel forth below in this Section 6.06A in
oider to raise the total amount for which the levy in question
is being made, and each individual Assessment shall be equal to
each other individual Assessment. The Association sha1l levy:
(a) One Assessment against each Custom Home Lot;
(b) One Assessment against each completed single-family
residence upon a Custom Home Lot and for which a certifi-
cate of occupancy has been issued by the appropriate
governmental authorities ;
(c) One Assessment against each Townhouse Unit Site;
(d) One Assessment against each completed Tovrnhouse Unit
for which a certificate of occupancy has been issued by the
appropriate giovernmental authorities. (For purposes of
calculatj-nql Assessments, townhouses sha1l be treated the
same as Condominium Units); i'
(e) That number of Assessments against each Commercial Site
as is equal to the number of votes to which the Owner thereof
is entitled pursuant to Section 6.03A(e) above.
13
To the extent that a certificate of occupancy is not required
for any single-family residence or townhouse at the time of com-
pletio-n of ionstruction thereof , Assessments shal1 be levied under
iubparagraphs (b) or (d) of this Section 6.06Ar dS the case may
be, at Lh"- ti*" of completion of construction notwithstanding that
no certificate of occupancy has been issued.
No Assessments shall be levied by reason of the votes to
which Grantor is entitled under subparagraph (f) of Section
6.03A of this Master Declaration.
Where the obligation to pay an Assessment first arises after
the commencement of the year of other period for which the Assess-
ment was levied, the Assessment shalt be prorated, as of the date
when said obligation first arose, in proporation to the amount of
the assessment year or other period remaining after said' date'
No Person shatl be personally liable for an Assessment, but
the Same shall become a lien against each such Custom llome Lot
and each such other Lot and all Improvements thereon' each such
Townhouse Unit and the land upon wftich the same is sit'uated, and
each such Commercial Site and all Improvements thereon. The
Association may enforce payment of such Assessments in accordance
with the provisions of Article IX beIow.
B. Right of Entr:r and Elfgrce$9n!: To enter, after 24
hours writ@ being liable to any orvner upon any
Lot or Commercial Site or into any Improvement, including Town-
house Unit or unto any Common Open Space or Residential Open
space, for the purpose of enforcinq by peaceful _means the st.
Flnnbarr Farm nestiictions or for the purpose of maintaining
or repairing any area, Improvement or other facility, if for
any r6rson ,h.tio"v"r the Owner thereof faits to maintaj-n or re-
p.ir u.ty such area as required by the St. Finnbarr Farm Restric-
Lions. The Assocation shall also have the power and authority
from time to time in its own name and on its own behalf, or in
the name of and on behalf of any owner who consents thereto, to
commence and maintain actions and suits to enforce by mandatory
injunction or otherwise, or to restrain and enjoin any breach
or threatened breach of, the St. Finnbarr Farm Restrietions'
c. conveyances. To grant and convey to any person real
property anETnfe-rest therein, including fee title, leasehold
estates, easements, rights of way, mortgag:es and deeds of trust,
OUt of, in on, overr or under any Association Property for the
purpose of constructing, erectingi, operating or maintaining
thereon, therein, or thereunder:
(1) Parks, parkways, picnic areas r ot other recreational
facilities;
streets, walks , drj-vewdYs , trails , and paths;
cables, wires, conduits, pipelines or other
utility purposes;
(4) Sewers, water Systems, storm water drainage systems,
sprinkter systems, and pipelines; and.v
(5) Any similar public, quasi-public, of, private improve-
ments or facilities.
Nothing above contained, however, shall be construed to
permit use of occupancy of any land, Improvement or other
iacility in a way which would violate applicable zoning or use
and. occupancy reitrictions imposed thereon by other provisions
of this Master Declaration.
(21 Roads,
(3) Lines,
devices for
L4
D. Security Services. To provide watchmen, gruards andpolice at @to St. r'innbarr Farm, for Associa-tion Property and at such other places and for such otherpurposes as the Board shall determine.
Ea Manager. To retain and pay for the services of aperson or firm (the "Manager") to manage and operate theAssociation, including its Property, to the extent deemed
advisable by the Board, together with such othdr personnel asthe Board shaIl determine advisable for the operation of theAssociation, the conduct of its business, and the managementof its Property. Such personnel may be employed directly bythe Association or may be furni-shed by the Manager. To the ex-tent permitted by law, the Association and the Board may dele-gate any of their duties, powers and functions to the Manager.
The Owners release the Association and. the members of the Boardfrom liability for any omission or improper exercise by the
Manager of any such duty, power or function so delegated.
F. Leqal and Accounting Services. To retain and pay forlegal and accounting services necessary or proper in the opera-tion of the Association, the operation and management of itsProperty, the enforcement of the St. Finnbarr Farm Restrictions,or in the performance of any other duty, right, power or authorityof the Association.
G. Association Property Services. To pay for water, sewer,garbage re , gds, snow removal, Iand-scaping, gardening, and all other utilities, services and main-
tenance for the Property of the Association.
H. Other Areas. To maintain and repair easements, roads,
roadways, ffihffiTay, parks, parkways, median stri-ps , side-walks, paths, trail-s, ponds, Iakes, entrlz details, guardhouses,
and other areas of St. Finnbarr Farm owned by or leased. to theAssociation.
f. Recreational Facilities. To own and operate any andall types active and passlve recreltion,both on and off the Farm, includirg, but not limited to: tenniscourts and related facilities; swimming pools; community clubs;equestrian facilities, carnpgirounds and picnic areas; parks andplaygrounds; rif1e, pistol, and archery ranges; facilities forskeet and trapshooting; trails for hiking, bicycles and horse-back riding; lakes and ponds for swimming, fishing and otherwater sports; and other similar and dissimilar recreationalfacilities.
J. Other Services and Properties. To obtain and pay for
any other pay any other taxes or
assessments which the Association or the Board is required to
secure or to pay for pursuant to applicable 1aw, the terms ofthe St. Finnbarr Farm Restrictions, this Master Declaration,or the Articles or Bylaws of the Association.
K. Construction on Association pry.rty.. To construct
ner^/ tmprov operties , ot
demolish existing Association Improvements, subject to theapproval of the Architectural Committee as in this l,lasterDeclaration required.
L. Contracts. To enter into contracts with Grantor andother pers6iFbn such terms and provisions as the Board shalldetermine, to operate and maintain any Common Open Space,Residential Open Space or recreational or other facility orarea, or to provide any service or perform any function on be-half of Grantor or other Person.
I5
M. To obtain and hold any and all types of permits and
licenses, and to operate restaurants.
N. To acquire and own and to dispose of all manner of
real and personal- property, whether by grant, Iease, gift or
otherwise.
O. If it shall ever be ruled or held thaL an exemption
under the Internal Revenue Code is unavailable'to the Associa-
tion because of one or more rights, powers, duties, obligations
or functions given to the Association by the Master Declaration,
the Association may create a subsidiary or other association to
perform the rights, powers, duties, obligations or functions
which prevent the obtaining of the tax exemption and transfer
some or all of its other rights, powers, duties, obligations
and functions to such subsioiary or other association.
SECTION 6.07 Indemnification.
A. fhird Party a"ti*. The Associ-ation may indemnify any
person who r is threatened to be made a party
to any threatened, pending or completed action, suit or proceed-
ing, whether civii, criminal, ad.ministrative, ot investigative(other than an action by or in the right of the Association) blz
reason of the fact that he is or was a director, officer, employee,
servant or agent of the Association against expenses (includrng
attorneysr fees), judgments, fines, and amounts paid in settlement
actually and reasonably incurred by him in connection with such
action, suit or proceeding if he acted in good faith and in a
manner he reasonabJ-y believed to be in or not opposed to the best
interest of the Association, and, with respect to any criminal
action or proceeding, had no reasonable cause to believe his con-
duct was unlawful. The termination of any action, suit or pro-
ceeding by judgment, order, settlement, conviction, or upon a plea
of nolo contendere or its equivalent, shall not of itself create a
presumpti6-n--tfrat tfre person did not act in good faith or in a
manner which he reasonably believed to be in or not opposed to the
best interest of the Association t ox, with respect to any criminal
action or proceedi-ng, had reasonable cause to believe that his
conduct was un1awful.
B. Derivative Actions. The Association may indemnify any
person who@ or is threatened to be made a party
to any threatened, pending or completed action, suit or proceed-
ing by or in the right of the Association to procure a judgment
in its favor by reason of the fact that he is or was a director,
officer, employee, servant or agent of the Association, against
expenses (including attorneys' fees) actually and reasonably in-
curred by him in connection with the defense or settlement of
such action, proceeding or suit if he acted in good faith and in
a manner he reasonably believed to be in or not opposed to the
best interests of the Association, except that. no indemnification
shall be made in respect of any claim, issuer ot matter as to
which such person shall have been adjudged to be liable for neg-
ligence or misconduct in the performance of his duty to the
Association unless and only to the extent that, the court in which
such actj-on, proceeding or sui-t was brought shall determine upon
application that, despite the adjudication of liability and in
view of all the circumstances of 'the ease, such person is f airly
and reasonably entitled to indemnity for such expenses which such
court sha1l deem proper.
C. Determination. Any indemnificationtion has e@ide under paragraph A
which the Associa-
Section 6.07 (unless ordered by a court) shall
Association only as authorized in the specific
or B of this
be made by the
case upon a
15
determination that indemnification of the officer, director,employee, servant or agent is proper in the circumstances be-cause he has met the applicable standard of cond.uct set forth inparagraph A or B of this Section 6-07. Such determination sha11be made (a) by the Board by a majority vote of a quorum consist-ing of directors who were not paities to such action, suit orproceeding, or (b) if such a quorum is not obtai_nabler or, evenif obtainable, a quorum of disinterested directors so direct, byindependent 1ega1 counsel in a written opinion; provided, howev6r,that if a director, officer, emproyee, servant or agent of theAssociation has been successful on the merits or otherwise ind.efense of any action, suit or proceeding referred to in para-graph A or B of this section 6.07r or in tjefense of any c1aim,issue or matter therein, then, to the extent that the Associa-tion has elected to provide ind.emnification, he sha1l automati-cally be indemnified against expenses (including attorneys' fees)actually and reasonably incurred by him in connection therewithwithout the necessitlz of any such d.etermination that he has metthe applicabre standard of conduct set forth in paragraph A or Bof this Section 6.07.
in Advance. Expenses incurred in defending acivil or ci@it or proceed.ing may, in the discre-tion of the Board, be paid b1r the Association in advance of thefinal disposition of such action, suit or proceeding as authoriz-ed by the Board as provided in paragraph c of this section 6.07upon receipt of an undertaking by or on behalf of the di-rector,officer, employee, servant or agent to repay such amount unlessit shall ultimately be determined that he- ii entitl-ed to beindemnified by the Association as authorized in this Section 6.07 .
E. fnsurance. The Board ma], purchase and maintain insur-ance on beEElT-E-Enlz person who ii or was a director, officer,employee, servant, or agent of the Association, against anyliability asserted agrainst him or incurred. by him-j-n any suchcapacity r ot arising out of his status as such, whether or not theAssociation would have the power to indemnify him against suchliability hereunder or otherwise.
F. Other Coverage. The indemnification provided by thisSection6.ffideemed'exc1usiveofanyotherrights
to.which anyone seeking indemnification malz be "ntitt"d underthis Master Decraration, aqreement, vote or the Members, vote ofdisinterested directors, cororad.o 1arv, or otherwj-se, both as toaction in his official capacity and as to action in another capa-city while hording such office, and may continue as to a personwho has ceased to be a director, officer, employee, servant oragent and may inure to the benefit of the heirs- and. personarrepresentatives of such a person.
sEcrroN 6.08 Assessment Benefiting specific Areas. Theassoc tsagainst specific local areas and rmpiovements to be expended.for the benefit of the properties so assessed.. The assessmentslevied under this Section 6.OB shall be levied in proportion tothe benef its conferred or to be conferred, as d.etermined bythe Board, and therefore the amount revied against each parcelof land or Improvement need not be equal. a.y such assessmentsshal1 constitute a lien on the properties so assessed and suchliens shal1 be enforced in the same manner and to the same ex-tent as is provided in Article IX of the Master Declaratj-on forregular and specj-al assessments.
SECTION 6.09 Diseased Trees. The Association may enter uponany part of
and controlfestation of
St. Finnbarr Parm at any time to inspect for, preventdiseased trees and other plant life lnd insect in-trees and other plant life. If any diseased or
t7
edient. Therty may be leviedby the Association as a specific assessment ag inst such propertypursuant to Section 6.08 hereof.
ARTICLE VTT
ASSOCIATION PROPERTY
insect infested trees or other plant life aretion may spray, remove diseased trees and othetake such other remedial measures as it d.eemscost thereof applicable to pri-vately owned pr
SECTfON 7.01 Use. Each Owner of a Customor noffifre Farm, and the membersreside with him shall be entitled to use the p
Association, subject to paragraphs (a) throughSection 7.01. Each other Member of the Associon the Farm and the members of his family who
and each lessee of a Custom Home Lot or Townhoeach of these instances, resides on the Farm a
und, the Associa-plant life, and
Lot, whether
f his family whoperty of the(g) of thision who residesside wiLh him;e Unit, who, inthe members of
to use thehis family who reside with him shall be entitlProperty of the Association, subject to:
A. The provisions
and each person who usesusing the same, sha1l bewith;
of the St. finnbarr F Restrictions,
any Property of the ociation, in
deemed to have agreed comply there-
B. The right of the Association to char
and use and other fees,
C. The rights "t the Association to susthe use of any Propertf of the Association bylessee and. their respecitive families I guests a
any period during rvhichr any Assessment againstperty remains past due and unpaid; and, afterby the Board, the right. of the Association toset forth above in Secdion 3.08 for any otherSt. Finnbarr Farm nest{'ictions i
D. The right of the Association to requdeposits be made and k$pt with the Assocj-ation
reasonable dues
nd the rights toy l,lember orinvitees for
he Memberrs pro-
tice and Hearing
voke any remedyfraction of the
e that securityo secure all sums,
and owing or toand to guarantee perfor.mance of aII duties, d
become due and owinq td the Association;
E. The right of the Associationpublicr or certain segdrents thereof , toand, in the discretion oftherefor
i
the general
Property of the
, to charge use
y as may haveof Property of
tions as may
on Property
to all
use anthe BoAssociation,or other fees
F. Such rights do use Association prope
been granted by the Association or prior ownerthe Association to othdrs; and
G. Such .o.r.rr.rrJ",
have been imposed by ttleof the Association.
SECTION 7.02 Dama s. Each Member and 1eto the,., Associato Property of the Assthe negligent or intenfamily, guests or invileasing of which entitAssociation Property,the liability of all sbe joint and several.
which may be su
s. If the property,
h joint or common Owne
conditions and restrAssociation or prJ-or ers
1iab1eiationional misconduct or suc
ee described above
on for any damages
ained by reason of
person or of his
ownership or
reof to useor in common,or lessees shall
may be assessed
es
s
the Owner or lessee
owned or leased joint
The amount of such dama
t8
;against such personrs real and personal property on or within theFarm, including the leasehold estate of any- le{iee, and may becoll-ected as provided i-n Article tX below ior 4n" colleetion ofAssessments-
I
SECTION 7.03 Damage and Destrqction. rr, {fr. case of destruc-Eron or or damage. to Association property by f{re or othercasualty: I
A. Reconstruction - Minor. rf the ir=,rJ.rr"" proceeds donot exceed d rhe "o=i ;il;;;;iiine or re-building does not exceQd the amount of the arr.iltu.Lte insuranceproceeds by more than $25,000, such insurance droceeds shaI1 bepaid to the Associatiorr, which thereupon shaIl-lcontract to repairor rebuild the Association Property so damaqed;l and if the insur-anee proceeds are insufficient to pay all oi thle costs ofrepairing or rebuilding the damage, the assoc:-a{tion may levy aspecial Assessment to make good any deficiency.J
B. R.ecE!sge!.q., - Major . Tf the insulance proceed.s ex-ceed $1O0, airing or reUuCtai.,g^exceeds theavai]able insurance proceeds by more Lnu.r, $z5,dOO, ii."",
(a) The insurance proceeds shall be paidtrust company as rnay be designated by thein separate trust for the benefit of t-herespective interest shaI1 appear. The As
o such bank oroard, to be held
mbers r ds theirciation is
rs r into anagreement with such insurance trustee relduties and compensationr orr such terms asapprove consistent herewith.
ing to its powers,
e Board may
l
Assessments and arl insurance proceeds shafl ba paia to saidinsurance trustee t.o be used f6r such rebuirdinq. sucr,Assessments may be made due on such a"t"=-E;-ilr^;'asliciation
(b) The Associati.on shall obtain firm bidF from two or moreresponsible contractors to repair ano renufr_ta any or arl_portions of the Associ-ation pioperty and "[i"ii ."ri-" specialmeeting of the Members to consider iuch bihs. At suchspecial meetings, the Members may be threel-fourths of thevotes cast at such meetingr elect to reject;i such bids and thusnot to rebuild. Fairure to thus rejecl subr, bids shall bedeemed acceptance of such bid "s may be sel-ected by theBoard- rf a bid is accepted., the Aisociatfi-o., *uy i.,.yspecial Assessment.s on the Members to makell up tfrl aeficiencybetween the total insurance proceeds and tire contract priceof repairing or repuilding rhe Associationl ;r;G;lv-""a such
authorized to enterr on behalf of the Me
I
may d.esignate, and the Association may borfow money to paythe aforesaid defipiency and. may secure =u$rr borroiing uy- anassignment of its night to colrect such As$essments, uy .pledge of or mortgage on any personar prop$rty orrr"a uy theAssociation or held by it in trust for-thlfuuilrers t or by amortgage or deed of, trust on the facility {,o be rebuilt oron any other real property owned by the As$ociation. Tf theMembers elect not to rebuild, the proceedsi after parruentfor demorition of damaged structures ""a "i"";-;; Ii'tn"premises sha1l be fetained by the Associat{on foi use inperforming its funbtions under the st. r'inrfuarr Farm Restric-tions .$. i
,l- . Dggision Not to Reconstruct. rf the {oard determinesnoE Eo rebur-rd any property so destroyed or dam{ged, or to buirdfacilities substantl"lfy different from those wf[icfr were destroy-ed or-damaged, it shall calr a speci-ar meeting {f the Members toconsider such decision. rf the i,rembers, by *rrde-iourtrrs of thevotes cast at such meetfng, erect to ratift su"li decision, theBoard sha1l act accordlngly; but if the Members fdo not by such
(
l
il
IIeil
I
I
-
percentaqe elect to ratify
ceed to repair or rebuildpursuant to paragraph A or
7. 03.
such decision, the
the damaged or destrB, as the case may
ard sha1l pro-
ed facility
, of this Section
ARTICLE VIII
HITECTURAL COMMITTEE
SECTION 8.01 M rs of Committee. Themittee sha consr-st a ways of either three memembers. The followininitial members of the
persons are hereby des
Committee:
hitectural Com-ers or five
nated as the
The Board may redto three and increase
member of the Commit
has resigned or has
appointed, as provided
removed at any time wi
for every one vote toto Section 6.03A(f) ab
approve or disapprovethe Board. Thereafter
and remove all members
mittee is required, itthe Plans and Specificquestion and all otherrelevant. Except as pprior to commencementSt. Finnbarr Farm, thesubmitted to the Archiof may not commence unsuch Plans and Specifi
consider and act uponmitted for its approva
and perform such otherDeclaration or as fromthe Board, including tto assure its conformaby the Committee. Thefications submitted foconstruction, alterati
out cause.
appoint and remove all mberss Gran'tor is entitledich anocher person is
e the number of membert to five as often as isha1l hold office untin removed or his succesherein. Members of the
v€r Grantor shall have
11 members proposed forthe Board sha11 have tt the Committee withou
haIl have the right toions for the Improvemeacts r.rhich in its solevided in Sections 3.15
any construction of
lans and Specificationsctural Committee, andss and unti-I the Committions in writing. They and all Plans and Sppursuant to this Masteruties assigned to it by
ime to time shall be asinspection of construce with Plans and Specif
ommittee shall approveits approval only if its, or additions contemp
thereby wilL.be in ha
The Committee may cond
ubmitted" The Committerding anything relevantto mini-mum standards
of the Committeewishes. Each
such time as he
r has been
ommittee may be
Board
of the
votestfmA pursuant
e right to
ppointment by
right to appoint
Grantorr s consent.
nsider all of
or proposal iniscretion are
nd 3.16 above,
Improvement ontherefor sha1l benstruction there-
ee has approved
ommittee shall
ifications sub-
Declaration,
this Master
igned to it by
ion in progress
cations approved
Ians and Speci-
deems that the
ated thereby into the surround-
t the appearance
ony with the
tion its approvalein as it deemsional Plans and
roving or dj-s-
may also issueto its function,
nd procedures forpproval. The
SECTION 8.02 Gran r's F.iqhts of Appoint t. Thesha1l harze thE risEE-Ed
Committee, but so long
SECTION 8.03 Revi of Proposed Constructi n. Whenever j.n
this Master oecGTEEIo the approval of the Ar itectural Com-
the locations indica will not be detrimentaling area or St. Finnbaof any structure affec
Farm as a whole, and
surrounding structures.of Plans and Specificat ons on such changes theuire submission of addiappropriate, and maySpecifications or other
approving the material
Rules or guidelines regincluding but not limitthe submission of plans
information prior to a
and Specifications for
20
Committee may require
tion for approval. Th
Plans and Specificat,io
information as it deem
environmental impact s
of all required Plans
the Committee may post
approval.
SECTION 8.04 Mee'b
work done or proposed
requiring the approval
be deemed to constitut
approval or consent as
matter whatever subseq
approval or consent by
the Association for se
ment for expenses incu
duties hereunder. Suc
Grantor while he has t
members of the Commi
approved Plans or
Master Declaratioof completion to
(b) Within suchin its Rules butthe Committee orinspect such Imp
such work was not
approved. P1ans a
be submitted. for
Owner in writing
specifyi.ng in rea
compliance, and s
(c) If upon the
such notification
such noncomplianc
writing of such f
Board shall deterif sor the natureing or removing t
Owner shall remed
reasonable fee to acc
Comrn:-ttee may require
s submitted for its revproper, including with
atements. Until receip
nd Specifications and o
rvriting designate one o
orm any duties for and
ranting of variance pur
f such designation, the
f the Committee, or the
te an act of the Commit
r in connection with an
or consent of the Commi
a waiver of any right
to any Plans or Specifi
ently or addi-tionaIIy s
the same of a different
vices rendered, togethe
red by them in the perf
ccmpensa+,ion shal-1 be
e right to approve or d
pursuant to Section 8.
Specifications are req
, the Owner shaIl give
vement. ff the Committ
done in strict complia
Specifications submit
ts prior approval, it s
f such noncompliance wi
onable detail the parti
1I require the Owner t
xpiration of thirty day
the Owner shall have fa
, the Committee sha11
ilure. Upon Notice andine whether there is athereof and the estimat
ny each applica-
ch detail in
its members to
behalf of the
ant to Section
ote of a majority
ritten consent of
aken without a
tee, sha1l not
withhold
tions or other
itted for
erson.
Members of thesation from
with reimburse-
nce of their
termined by
pprove the
above and
ted work and
follows:
ts for which
ed under this
ritten notice
entative may
fi-nds that
with allor required to
11 notify the
in such period,
lars of non-
remedy the same.
and such other
t limitation,
by the Committee
r information,
ne revier.r of anything itted for
nqs of the Committee.e Committee shall
meet from time to time as necessary to perform its duties here-
under. The Committee
unanimously adopted in
take any action or per
Committee, except the
8.09. In the absenceof all of the members
a majority of all the
meeting, shaIl constit
y from time to time by solution
ers of the Committee
SECTION 8.05 No W iver of Future Approval . The approval
or consent o Comm ttee to anv Plans or S ifications for
other matter
SECTION 8.06 C nsation of Members.
Committee shall ent tled to reasonable com
thereafter by the Boar
SECTION 8.07 InS ction of Work.
A.leted Wo k. Inspection of compl
correction o efects erein shal-l proceed as
(a) Upon the letion of any Improveme
Committee.
asonable time as the C ittee may set
ot to exceed fifteen da s thereafter,
ts duly authorized rep
from the date
led to rernedytify the Board
of
Ln
earing, the
ncompliance and,
cost of correct-
same. If noncomplian exists, the
or remove the same wi
2L
in a period of
not more than forof the Board rul
Boardrs ruling wi
may either remove
noncompliancer drr
upon demand for a
with. If such ex
to the Associatio
against such Owne
of completion frothe Owner of any
above in subparagshall be d.eemed. i
Specifications.
y-five days from the dag. If the Orvner does n
hin such period, the Bthe noncomplying Improthe Orvner shal1 reimbuI expenses incurred in
enses are not pronnptly
, the Board sha1l lewy
and the Improvement in
e of announcementt comply. with the
rd, at its option,
ment or remedy the
se the Association
onnection there-paid by the Ownern assessmentquestion and the
eimbursement and
land and Improve-Iaration provided.
id written noticee fails to notifyperiod provided
the Improvement
proved Plans and
land upon which same is situated for
the same shaIl co stitute a lien upon su
ment and be enfo d as in this ltlaster
(d) rf for any son after receipt of sthe Owner, the Committ
oncompliance within the
aph (b) of Section 8.07
accordance with said a
B. Work in Pr ess. The Committee may
in progress and give n tice of noncompliance
in subparagraph (b) of
such noncompliance exi(c) of Section 8.07A s
work shall be done, p€
would hamper correctiofind that such noncomp
ber therof shal1 be }ior to any other Per$on
Committeers or the Boa
Declaration unless due
approve all Plans and
proposed Improvement,addition thereof or
considerations and. theresult to the surround
The Committee shal1 taof the architectural d
scaping, color schemes
sj-milar features, butnor shall its approval
approval thereof frem
engineering sound.ness,
codes.
Section 8.07A. If thets, the procedures set
all- be followed, excepting resolution of theof the noncompliance i
iance exists.
ble to the Association
for any loss, damage or
reto, solely on the basoverall benefit or detr
nq area anC St. Finnbare into consideration thsigns, placement of bui
hal1 not be responsibleof any Plans or SpecifJ-
he standpoint of structor conformance with bui
ecifications submittedluding the construct
dings, Iand-
exterior finishes and terials and
inspect all work
provided abovener denies that
ut in subparagraph
that no furtherispute, whichthe Board shaI1
ard nor any mem-r to any Ownerinjury arising
nce of theder this Master
t or bad faith of
memberr ds theprove or dis-
to it for anyn, alteration or
s of aesthetic
ment which would
Farm generally.aesthetic aspects
for reviewing,ations be deemed
ra1 safety,ding or other
SECTION B.08 NonI abilitv of Committee bers. Neither
the Committee nor any mber thereof nor the
out of or in any way nnected with the perfo
d's respective dutiesto the wil]fuI misconduthe Committee or its r or the Board or i
case may be. The C ttee shall review and a
SECTION 8.09 Var nces. The Committee ma
variances from comp ce with any of the archDeclaration, includingvisions of this Masteheight, bulk, size, sstructures, set-backssimilar restrictions,
natural obstructions,
Such variances must
by at least, a majori
T.f such a variance iconditions or restrl
shall be deemed to h
p€r floor area, land a
build.ing envelopes, col
hen circumstances suchardshipr or aestheticts sole and absolute d
evidenced in writing aof all of the members
ranted, rro violation o
ons contained in this
occurred with respectgranted. The granting
authorize
tectural pro-
estrictions upon
a, placement of
rs r materials, ors topography,
environmentalcretion, warrant.
must be signedthe Committee.the covenants,ster Declaration
o the matter for
t such a variance
1
ar
ot
22
ural Committee shaII
Planned Unit Develo
of Garfield Countv inse same may hereafter beard of Adjustment of G
meant to be governed by. Finnbarr Farm; suchby the Architectural
ural Control Committeeof the building envelr Farm Subdivision, but
e shall extend outside
on said plat.
ARTICLE IX
DS AND ASSESSMENTS
innbarr Farm l,Iaintenan
shall not operate to wthis Master Declaratiocular property and par
instance covered by th
a reasonable provision
ment reserves, less anprior year's fund. Unpay such estimated. net
Association may at any
Assessments in the s
ion such special Assesto carry out the mandathe St. Finnbarr Earmspecial Assessments wh
Assessments are necessoptional functions ofRestrictions.
ive any of the terms anfor any purpose excepticular provision and in
variance.
provisions of
as to the parti-
the particular
SECTION B.10 Obli ations With Res ect to onl_n and Sub-divisions.
A. The Architecto comply fuI1y withfor the St. Finnbarr Fof County Commissioner
is applicable and as
to submission to the
any matter governed or
Development PIan for Sbe reviewed and app
B. The Architecto reduce the dimensi-oplat of The St. Finnba
reduced building envel
envelope lines as show
SECTTON 9.OI St.shal1 establish ainto which sha1l be deand from which d.isbursfunctions of the Assoctions. The funds of tpurposes related to thto the Association, ortions to maintenance owise for purposes auas they may from time
SECTION 9.02 ar Annual Assessments.ning of each fiscaT ye x I the Boaro shal} estito be incurred by the ssociation during suchSt. Finnbarr Farm Restfor contingencies and a
expected income and anform and egual Assessme
charges shal1 then be 1
sums collected. prove i
yment of any individualtime and from time to t
manner as aforesaid.
its functions und.er
6.06A provid.ed. Ifreason, including non
Assessments shall be d and payable to the Asmonthly installmentsthe fiscal- year infirst day of each montdesignate in its sole r or in such other mannabsolute discretion.
sEcTIOlr 9.03 s I Assessments. In add
the "St. Finnbarr Parmsited all moneys paid
ments shall be made ination under the St. Fine Association mus't be uareas and lmprovementssubject by the St. Finnoperation by the Assocrized by the St. Finnbao time be amended.
nts are necessary to ery functions of the Assstri-cti-ons, and the Bover in the Boardrs opito enable the Board te Association under the
uire all Persons
nt Plan adopted
, by the Boardar as the same
amended. Prio::
field CounLy of
the Planned Unittters shall firstittee.
11 have authoritys shown on theo part of anyf the building
Fund. The Board
intenance Fund" )the Associationrforming thearr Farm Restrrc-d soleIy for
wned by or leasedrr Farm Restri-c-tionr or other-
Farm Restrictions
rior to the begin-te the expensesar in performingctions, includingropriate replace-
surplus from thes sufficient toied as in Section
dequate for any
ssessment, the
e levy further1 such regularciation during
or before theas the Board may
ion to the regular9.02, the Boardy and in the
able the Boardciation underd may levy such
ion such specialcarry out theSt. Finnbarr Farm
annual Assessmenls pro ed for above,-in Sectishall levy special As sments, upon the prope
manner set forth in tion 6.06A, whenever in Board's opin-
23
SECTION 9.04 Latelar or special, is notthe Owner may be requi
such rate as the Board
SECTION 9.05 Un
any delinquent Assesagainst any property athereto, plus interest
of, eighteen percent pe
rate as the Board mayof collecting the sarneshall be a lien upon s
thereon or Townhouse UIocated or Commercial
case may be. Such li
homestead. Such lienprovided in the laws o
on real property. A c
two members of the Boalien sha1l be conclusi
such indebtedness as oall Persons who re1-ysha1l be furnished tonot to exceed Ten DoIl
SECTION 9-05 Iuortprovision of the St. F
under this Article IXDeclaration, nor any 1St. Finnbarr Farm Restvision of this Masterthe rights of the Beneof Trust of fi rst and
Custom Home Lot or Towfaith and for value.first Mortgage or Deedof foreclosure, such C
Commercial Site shallRestrictions and shallall special Assessmentforeclosure or deliver
and to all installmentlevied prior to comple
such conveyance but fadelivery.
SECTION 9.07 Effe
standing provr-sl-on
Section 9.06 of thisof any Beneficiary who
and senior priority asjoin in the executionof Trust is recorded iprior to the recordat,ithat after foreclosureproperty which was sub
sha1l be subject to su
SECTION 9.08 Subo
executed by Assoc
9.07 above Ra'y, in theBoard, be extended tothereto.
rt, whether
after it islate charge
regu-
due,
at
a
in good
such
lieu
to time.
The amount ofpecial, assessede attributable
arge at a rateor such higher
) , and the costs
torneys' fees,
e fmprovements
ch the same is
thereonr ds the
eclaration of
same manner as r-s
sure of mortgages
cknowledged by anyss secured by suchs to the amount ofcate, in favor of
such certificate
a reasonable fee,
standing any other
r rro lien createdof this Master
any breach of thent of any pro-
r render invalid
Mortgage or Deed
reafter upon1 Site made
sure of any
veyance ine Unit or
Finnbarr Farm
Assessments andpletion of such
ieu of foreclosure,
a1 Assessmentsr delivery of
letion or such
es. Notwith-
no amendment offfect the rightsst has the first
and who does not
Mortgage or Deed
s of the countyided, however,foreclosure the
ed of Trust
ion agreementtion 9.06 andion of the
Charges. Ii any Assespaid within fifteen dayed by the Board to pay
may designate from time
d Assessments as Liens.rt, whether regular ord any late payment cha
on such Assessment and
annum simple interest
esignate from time to t
includj-ng reasonable a
ch Custom Home Lot andit and the land. upon white and the Improvement
shal1 be prior to any
y be foreclosed in the
Colorado for the forec
rtificate executed andd stating the indebtede upon the Associationthe date of the certif
reon in good faithr dn
Owner upon request as (S10.00)
age Protection. Notwi
nnbarr Farm Restrictionr under any other Artic
en arising by reason ofictions, nor the enforceclaration shall defeaticj-ary under any recordenior prioritlr novr or h
house Unit, ot Commerci
owever, after the forec
of Trust or after any c
stom Home Lot or Townho
emain subject to the Stbe liable for all regullevieC subsequent to cof such conveyance inof all regular and speion of such foreclosure
Iing due after such
t of Amendments on Mort
of Section I0.02 belowJ.va VUIVster Declaration shall
Mortgage or Deed of Tin Section 9.06 provid
reof, provided that hthe real property recon of such amendment; pr
or conveyance in lieu oect to such Mortgage orh amendment.
dination. By subordination, the benefits of S
sol-e and absolute discrneficiaries not otherw entitled
ARTICLE X
MISCELI,ANEOUS
SECTION 10.01 Te . This Master Decl-arat
tions and restrictions
, unless amended as her
, this Master Declarati
ons and restrictions sh
of the covenants, co
ive periods of ten lrea
amended or extinguish by a written instrumen
until December 31, 202
After December 31, 202
such covenants, cond.it
Iy extencled for succes
least three-fourths of
recorded in the county
be effective as to any
execution thereof prov
recorded in the real p
recordation of such
no amendment of this
adopted by 80? or rnore
be cast pursuant to S
posed amendment. No
be effective until ex
records of the county
B. By Oiuners.
l,laster Declaration mayreal property records
the Owners in St. Finn
real property records.
ded that his Mortgage o
operty records of the c
ndment. Subject to the
ction 10.02 shall- be ef
of the total number of
tion 6.03A above at the
ndment of this Master
uted and recorded in th
n the manner hereinafte
cept as provided in S
be amended by the reco
f an instrument execut
g that such amendrnent h
ast at least 80e,, of the
suant to Section 6.03A;
his Article x maY not l
orr r including alI
ereof, shall run
in provided.
n, including all-
11 be automatical-
each, unless
executed by at
rr Farm and
Section 9.07 shaI1join in the
Deed of Trust is
unty prior to the
preceding sentence,
ective unless
otes entitled to
time of the pro-
claration shall
real property
provided.
tion 10.02A, this
ing in the countY
and acknowledged
tting forth the
s been approved
number of votes
provided, however,
amended by the
approval of such
in writing or by
special meeting
SECTION 10.02 Ame ment.
A.Special Prov sions. No amendment of
Beneficiary who does no
by the president and retary of the Board,
amendment ancr certifyi
by Owners entitled to
entitled to be cast p
that Section 5.03 and
Ovrners or Grantor.Owner malr indj-cate his
er by consenting theretproposed amendment ei
affi-rmative vote at a
of the Association.
uly convened regular o
SECTION 10.03 No ces. Any notice permi
be given by the Maste Declaration shal1 be i
sonally or by mai1. I
med to have been deli
same has been deposi
y or a 1egal holiday)
in the United States
Person at the address
the purpose of service
paid, addressed toto the Association fothe residence of such rson i-f no address ha
SECTION 10.04 In retation. The provi
Declaration sha rally construed to e
uniform plan for the d
Association. Such a ss may be changed fr
notice in writ,j-ng giv by such Person to the sociation.
be delivered. either p
by mail, it shall be
day (other than a Sun
purposes of creatingtion of St. Finnbarr
fundamental concepts
RECITALS and DECLARA
laration shall be con
State of Colorado.
SECTION 10.05 En
and of promoting a
f St. Finnbarr Farm as
of this Master Decla
trued and governed unde
orcement and Nonwaiver.
ed or required to
writing and may
delivery is made
red on the third
ter a copy of the
il, postage Pre-ven by such Person
f notices r or to
been given to the
time to time bY
ons of this Master
ectuate their
elopment and opera-
effectuating the
t forth in the
tion, This Dec-
the laws of the
rwise provided
and the Board
isions of the
rty within St.
A.Riqht of En orcement. Except as ot
hereinr dDy Owner a is own expense, Grantor
shall have the riqht
St. Finnbarr Farm Re6
Finnbarr Farm and. the
enforce all of the pr
rictions against any pr
Owners thereof. Such r
25
ht of enforcement
tion the day and yeaS
26
force such provisionp hall be equally applica
other interest) of the
land (or other interes
violation of such prov
on Exhibit A or is here
uant to Section 2.02 a
enforcement and r ted in connection with
s provided in this Mas
be entitled to recoverprevailing party shaillparty its costs and nses in connection the
reasonable attorneyslt ees.
B. Violation isance. Every act or
shaI1 include both
breach of any such
to whether the land (o
such enforcement or th
with respect to which
is initially set forth
to this Declaration pu
proceedings are inst5"t
any provision of thei S
in whole or in part J.sbe enjoined or abated
and the Board, whethbr
or affirmative action.
duly authorized agents
help any of the provli.s
and then only if such
to the Owner in quesfE,i
occupancy or use of endeclared to be a viola
and subject to all of
E. Nonwaiver.rSt. ninnbaffi-Ees
waiver of the right th
any other provision 0f
Finnbarr Farms Restrj.c
severable, and the invvision or portion theenforceability of any
a contrary construc
and the p1ural the
shal1 each includ.e
C. Captions.
Declaration are int
shall not en1axge,
forth in any of the
IN WITNESS WHE
ges for an injunctive
ision. The right of a
. Finnbarr Farm Restric
hereby declared to be a
any Owner at his own
or not the relief sough
However, only Grantor,
of either of them may e
ons of the St. Finnbarr
elf-help is preceded by
n.
e failure to enforce a
ictions at any time sha
reafter to enforce any
said Restrictions.
ions shall be deemed i
lidity or partial inval-of shal1 not affect thether provision.
, the singular shal1 in
ular; and the masculine
masculine, feminine and
1 captions and titles u
solely for convenien
t or otherwise affect
agraphs, Sections or Ar
, Grantor has executed
irst above written.
ST. TINNBA
C. Violation Law. Any violation of
or loca1 law, ordin or regulation pertaini
property within St. Fi
ion of the St. Finnbarr
e enforcement procedur
Restrictions.
D. Remedies lative. Each remedy pr
Finnbarr Farm Restr ons is cumulative and
sECTrOtr 10.05 truction.
A.Restricti Severable. Notwithstaof the foregoing Se n 10.04, each of the p
B.Sinqular n udes Plural. Unless
Lirn
pa
I
ief against the
Owner to so en-
e without reqard
er seeking
whereon or
ions is alleged
ter subjected
ve. If any court
e rights of
Declaration, the
om the losingith, including
ission whereby
ons is violated
uisance and may
nse, Grantor
is for negative
e Board and the
orce by self-
arm Restrictions,
easonable notice
y federal, state
to the ownership,
arr Farm hereby
arm Restrictionsset forth in said
ided by the St.
exclusive.
provision of the
not constitute a
ch provision or
ng the
isions
pendent
Lty of
aJ-idity
provr-sr-ons
of the St.
and
any pro-
or
context
ude the
feminine
requarespluralor neuter
uter.
in this Master
of reference and
t which is set
cles hereof.
is Master Declara-
FARM
STATE OF COtO
COUNTY OE PITKIN
The foregoi
day of
Witness my
I{y commiss
ument was acknowledged
official seal,
d.
27
fore me this
, L9'79, by Jack W.enkins.
TELEPHONE 575.80OO
AREA CODE 3O3
na1
ide
B{
I
l
lut
"fet
foiri
rh
he
LLAND A HP.NI
ATTORNEYS AT LAW
555 SEVENTEENTH STREET
SUITE 29OO
DENVER. COLORADO
MAILING ADDRESS:
P O. BOX 4749
DENVER. COLORADO AO2O ]
PLEASE REPLY TO:
, COOPER STREET. ASPEN. COLORADO 8161 1
TELEPHONE 925.34-76 AREA CODE 3O3
October 29, L979
ioners for
use
Garfield C
CABLE ADDRESS
HOLHART. DENVER
TELECOPIER {303) 575-826 1
County
County Co
Springs, Ce ado 81601
Re: St.
Dear Commissioners:
On behalf o
Jenkins, I am wr
in the status of
the subject of t
On October L, I
L. Janney, also k
referenced real pro
water and ditch rigtl
CHARLES T. BRANDT
(303) 925-3476
Board of
Garf iel-d
Glenwood
partnership whose g
Eleanor A. Jenkins.
Shoutd any addi
we are prepared to
crB/d.
cc: Jack W. JenkinF
Ron Liston
rr Farm
1ient, Jack W. Jenkins nd Eleanor A.
of the changeis letter to advise y
nership of the real pro rty which is
sed St. Finbarr Farm P
, Trudi Peet, formerly
s Gertrude Lamborn Peet
y together with aII of
to J E Properties, a Co
aI partners are Jack VI.
n as Gertrude
conveyed the
the appurtenant
orado general
Jenkins and
evidence of ownersh
the same.
Very truly yo
//./
'. l(t. 't- L. u
Charles T. Br
for Holland &
p be required,
*1
r'z*..t,1''-.'
t
Hart
.:*///tl.;i t* (r
o
O)o
q
otr
o-t
o.
q)
-r(Uo
c
otc
N
o
U
O)a(n
A
I
tseoz
Ex*Bt T F
,f--\t,r)tt
1 t.'t u ltlg
LU. TtAIV,IIR
Mr. Ray Baldvrln
Planning Director of
Garfield CountY,
Colorado
Dear Mr. Baldwin:
COMPANIES
sulIE IO5, 1749 ROCKVtttE PIKE
ROCKVITTE, MARYTAND 20852
tEtEPHONE: (30It. 77O'1920
ARTHUR C. HYDE, Owner
acr
cAMELu
tober 9, 1979
about the zon application of
SHOPPING
CENIER
Relative to your
Jack Jenkins on
I think this is a
application.
Thank you very
contacting rne
Highway BZ tn
good use and I
rnuch.
Garfield Cou , Colorado,
arn glad to e orse the
:,(r'M4'
o
CI-t
Ed-il
o
(
zt^ r
6-t t t " t t
fio*es
iln*.*outtt
Sincerely you
frffi,.Arthur C. H
ACH/ep
WE BUITD AND TEASE TO SPECIFICATI
E*4tBtT E
Sfp
tiau
trLJ.
7g
r.L/,nilt;
14913 Highway 82
Carbondale, CoIo. 8I
September 14, L979
Mr. my Baldwin
Garfield County Plan
Glenwood Springs,
Dear Mr. Baldwin:
The Board of Direct
Association Inc. wan
concerning l4r. Jenki
in to our sewer plan
the Board of D
and Zoning
81601
the Ranch at Roaring Fork
let you know of our presen
emong the Homeowners on
not prepared to enter in
St. Finnbarr proposed devel t tieing
There is substantial disag nt within
tion
s emotional
an agreement
nd sewer
issue. As a result
with St. Finnbarr
facilities.
t for joint use of wate
Very truly yours,
J. R. Hunt
Townhomes . 14913 Hig 82 . Carbondale, Colorado 81623 . (963-3500
OOLOBADO DEPARTIIETT OF
1210 EAST ltTll OEIwER,COilffi//)O
or Ranch at Roarlng Eork
for Raoch at Roatltrg Fork St. Elrrobarr
ty
August 8' 1979
Rlchard Bunt, Chalman
nor.oor""ts Assoclation
14913 EighwaY 82
6".U""a.fe, Co 8L623
RE: I'Iast,ewater Treat
itanctr - Garfleld
Dear l{r.
I have agked tne
This letter is being I
n"i"t at Roaring Fork
rio"u"t, Ranch have t
wastewater treatment
".tr" onlY thelr d
slEe locatlon, the
ioog-r.oge comPrehens
treitmeot to avold Pr
t to cLarlfY the treatmeot of
i ii.-ri""uarr Ranch' th:,:l:r;i;" li- 'PPrving
for -" sl
;'.:;;, ;t "'irai'r -c""11:I :L-.l--r" determinlng the su
[""it.v cootrol t"T1":1::"
;l;;-i;t the area and cons
liiir"" of small sewage tr
s of the St. Flrurbarr Ranch '
; ;; *;;ring Fork'. t"::11t::
s;: ;iffiair Ranch ounere dl
";; ;;-R"nch at Roaring,For
*rl"a"*ua"r treatment f acLllt
,-;;-;h" Water QuaLltY !"i::"
ir"ia, if an agreeoent cannot
St. Flnnbarr owner" "::{^3,:r-ar""ar.nt facllity to-:"T"
.oi-io*rsslon wouLd
. ":11:1:-;il;i;o"t", GarfLeld co
of Governneotst State Geol-
iit Ungineer' Based on tnes
Commission has the oPtlon-of
.j1y-a."vlng the Slte APProv-;;;';;"'d a site ong1l:':l::
i""iir.i"s in verv close Pro
f the wastewater ireatmentrfL LrrE 'ssion would Ity control t:Tl.rent facitiwastewater trea
t"i-tfo, from the Plant- at
i;i";;i capacltY, or ask-t
ewater frou
rs of the St'
ppllcation for-a
rir comrselon to
abilltY of the
all coneider the
aclty be PlPed to
the two Pl"ants ue
ation of eewage
t srorka.
there wouLd be two
{tv to each other'
Io-exPand, ask that
Eomeowners of the Ra
i"nt facUitY' If t
ate wlth the Bomeowrt
sii" ePPficatlon for
,uoa, ,y ta"omendat
deoial. 0o the ot
the two entlties' t
cation for a wastewa
The Water QualitY
of the Garfield
cooPerate wLth the
." w"stewater tteet-
oE try to cooPer-
and aPPlled for
for thltr develoP-
Comfssfon would be
reached between
iot " Site APPIi-
heir develoPoent'
recontmendations
Pi"oor"g, Garfleld
t. and Water QualltY
IL^*o.,lttlons, the
r."tf"g St' flnnbarr
l---it fh" w"t"t Qual-
CouutY Eealth, Coun
co"t"bf Dlvlslon Dl
Water QPalltY Cont
a Site APProval or
ity Control Coml-ss
$astewater treatsen
city, the I'later.q'
to allow the exrs
At such t{me as one
LEY fo eourr v-"--
rrlles reached caPa-
e to dectde whether
anv additlonal was
tul Ptant thaE has
cooblned loto ooe type facilltY to aerve h develoPmeotB'
1.l' I l r'f Iu llpftF0tdl]ts[H
Augueu 8, 1979
Page f,tro
Lt 18 mY oPtnlon that th
;;";i; roi .thle -::::-::;;; both develoPmenta'
iog"tt "t to solve-:Ti'
iii-tt"". any guestlonsr
VerY trulY Youts'
EOR DTRSCTOR' WATER QU
f,"A*J /,ffi,
Richard E. Bo$nan'
Dlstrlct Englneer
REB:dg
cc: Jack Jenklns
GarfLeld CouotY
Denver Offlce
rrslt el. ltrrel lttg lfur'k
begt solutioo to the wastewau'
,l-otftfz. ooe waatewat"t:-:t::
; ;i;;;""lY hoPe that both er
"";;;; treltment Problen for
treatoent
area. If
ent Plant to
tiea w111 worlt
Eew'aLst
""L m" dt 245eel free to coot'00.
CONTROL DIVI.SION
ATTII: RaY Baldwlo
Dlstrtct
To: The Board of Co
From: Art AbPlanalP
Subject: Addendum t
St' Finnba
Date: 7 August L97
The Board will rec
the St. Finnbarr F
a question was- rar
which were to be o'
trr" requirement fo
Section 4.10 of th
be drawn to the Bo
the St. Finnbarr
common open space
owners within the
or therebY. " The
of the colnmon oP
who holds ownershi
.o"titro"d ownershi
develoPer comPlie
bv the Board, and
dlveloPer be info
GARFIELD COUNTY
UNTY ATTORNEY'S OFFICE
Springs, Colorado 81601
ty Commissioners of Garf
County Attorney fi
Memorandum of I August
.-f'.t* Planned Unit Deve
I that at the time the h
m PUD was conclude+ 9l ' I;;;r;ai"s the erisibil-;i--lh" 6eveloPet-:: b
Ip""'sPace for the PUD'
Garfield CountY Zoning R
Iis-attention at this Po
iii""li"". rhis section
il;;;;-;wnea and main!i:"
UD-or bY an organizationILrii"*L"t, th5n' is- th?!
;;;;;,- or at least fr^at
I'ii. with the ProP"tlY
of the ProPosed common
,ilr, Ehi; requirement s
if it does not, I would
; ;i lr,i= fact at this
iu"it-Farm PuD, in orde
;i a modified PIan at a
ld Count'Y
79, regarding
nt
Phone 945-9684
P.O. Box 640
ring regarding
30th of JurY,
y of the lands
Lredited toward
Iution should
L it, considering
vid,es that
by the Pro-PertY
sen theretrom
the ownershiP
rmination of
ers. Whether
3n sPace bY lh"ra uL determined
qqest that the
16" "f the consider-
[fiat further delaY
ater date maY beation of the St'
,rpon the submissi
avoided-
&TE5
Goa0tr 'o o "
tr FnlrtBrrr"E
F /{.
?o ekrv zf
Gentlemen:
Two weeks ago I test
asking that the St.
Monday, JulY 30,979
fied before lou, the Coun
be
calis
at this densitY be far
t is built, as well as a1
he land adj acent to it.
ve than the density, is t
as well as the Placements have offered no concret
if it would be financia
. To a1low the develoPm
re to be abandoned, it w
Comnissioners,nied. At that
e inclusion of
f this commercial
evidence for the
Y feasible to sus-
i of such and if
ld forever scar
inbar zoning ProPosalproposal as Presentedire land upon which it
erty. Riding and attendi
, being popular foT tPPrc
time I indicated th
great a densitY fg,
6uiIt. I proPosed
the land upon which
Ly the character of
s for far too
roposed to be
sreat a harm to
"iing significant-
But much more offen
the commercial core
core. The Petitionneed for such or ev
tain such an endeav
into the future it
that part of the Pra very seasonal thi
four months of the
as presentlY aval_1.a
limited to three to
year will be used,
as a bar and restau
tract a large numbe
interests. It is
establishment in th
out of character.
as it is at Presentof such a bar and r
viously has signifi
I would like mY chi
see from ny kitchen
such as cars comrn
well as deliverY tr
by any means desir
ir. rveir w:-ttr an indoor
g activities are
imately three or
iding arena, such
suggest will be
he rest of the
munity is totallY
of the conmunitY
e, its use has been and
our months of the Year.t sparselY so. Thus, 3o
nt in order to be viable
of people other than tho
strbng^ feeling that the
rnidst of a residential c
establishment such
ould have to at-
of the equestrian
acement of such an
t will alter the characte
in a very deleterious man
staurant inmediatelY acro
ant negative effects on n
dren to be PlaYing, it is
or bedroom windows. The
and going at two or three
cks coming in at seven l.n
1e.
r. The Placenentfrom my home ob-
It is not where
ot what I care to
creased activitY
n the morning, as
he morning is not
L*-.-.-*._..
3222Road , Carlrorr,Jale, Color.;ido 81523' [303)3-3475
The suggested need f
The Stagecoach Inn ifulfiIls any need inlocated in an approp
To protect our val1esponsibility of ever
land owners, money
County Cornmissioners
would forever and irthe character of the
zoning at its worst.
at best. It would n
enj oy this area and
Two weeks ago at thitestified before yo
The 21st of July heby a wife and threevaIley for they toosent to then. Rerea
Wes Brown was a simp
man of integrity, a
and all the men likeresource. Donr t cavalleys or the highwill indeed be dest
I respectfully urgethis county, this stpetition.
a- L-
r such an establishment i
located less than a nile
the area for such an estiate place on I'lighway Bz
and to responsibly devel
one. This includes residgry developers and most
To al1ow this commercia
eparably alter the area.
community as it is at pre
It would benefit no onegatively effect all theopefully, will enjoy it 1
meeting another gentle
He too is not here foruffered a fatal heart atthildren. They, however,
ave appreciated what ithis testimony gentlemen
e man, an intelligent rnan
reat man. He typifies Co
him are Coloradors most
lessly and thoughtlessly
ountains that produced aying Colorado itself.
343?;IIIMIS
"4*m.-T
Sincere1-y 2tyurs,
,///r, A,,ill ,, /7r$r-
ou and strongly suggestt€, to your electorate, t
Carbond;rle, Colorado 81523. [303)
totally unfounded.
way and totallyishnent. It is
it, is the re-
ts, business men,
all, you the
zoning changeIt would changeot, it is spott the developerple who presentlyg into the future.
, Wes Brown, alsodifferent reason.k. He is survived
1an to stay in this
its people repre-d pay heed to it.
an honest man, a
rado. Wes Brownrished natural
stroy the fertile
s Brown or you
t your duty toat you deny this
3222 Road
Jabk W. ljenkins
Phone 963-2900
July 24, L979
Mr. Dick Hunt
Chairman, Board of Dir
The Ranch at Roaring F
Dear Dick:
This letter is to formthe last time we discuthe Ranch at Roaring
In principle, it seemson current costs to rfor both our fire prot
which is likely larger
300 to 330 units)
Dotson Engineering pIa
in the $115,000 range
to $12,000. The water
galIon tank. These it
There is also the f
The Ranch at Roaring Fbuild out and St. Finplus commercial.
St. Finnbarr will have
Roaring Fork would havinvolved it would seem
$200,000 figure. I pr
L/3 after approvbuilding, s
L/3 before connec
L/3 at the comple
or within thr
CONSTRUCTION Eleanor Jenkins
o.81623
I made to you. Finnbarr andfacilities.
ld be basedis large enough
sewer plant
ts. (approx.
a sewer
mately0fora
plant
$10,000
200 ,000
,000.
tallations.I units at
120 units
and Ranch ating the land
e L/2 of theof palrment:
fore any
issued.
system.
t 20 units
nal sub-
Commercial - Residential
Building & Rentals
State Highway 82 Carbond
ize the tenative proposathe possibilities ofk sharing water and sewe
air that my contribution
ace the water tankr whicion requirements, and
han both of our requir
s the approximate cost oth installation at apprank is estimated at $74,s total approximately $Z
of land used for thesek will have 200+ coflrmercr will have approximate
08 (approx. ) of the impa
608 (approx. ) but considhat our fair share woulde the following schedu
of our subdivision, butor waterline permits ar
ng to your sewer or wate
on (CO issued) of the fyears from the date ofaI.division app
Mr. Dick Hunt
n.ncf, at Roaring Fork
Our ProPosal for the wa
""==La.- We will dig- on
"i""=. These would be-r.ri, maffunction of any
oplrate efficientlY on
-2-
the instal
the water
truck and
July 24, L979
o what we dis-
our underground
such a way that
e svstem to
pai-rs are made '
ion of a diesel
system- In
lunteer Persons
cooperate on
porlr grid on
erative trre
&ilt
1
),L'lrC
R "u &rurx'QL
Garfield CountY
Garfield CountY
P. O. Box 640
Glenwood Springs
Re: St. Finnbar
ommissioners
ourthouse
co 81601
Farm
3 1979
_
uil. PrAirrlER
public heari
Farm, which i
Ey.*t B, T K
June 2L, 1979
CCIPY
on the requested
scheduled for
P'-
J._r*
{id,?i't(ti)
EI.IT
Gentlemen:
I received
rezoning of theJuly L6, L979.
Jtipiter En
Roaring Fork, P
the north.
This is to
objects to the
Lot 13, Ra
family dwellinq
upon the contin
lVhile I apprecimodification, I
result of a c
County as partttspot" rezoningindividual deve
cc: I,Ir. Ray Ba
Garfield C
tice of the
t. Finnbarr
rprises is
se V, which
the owner of t 13, Ranch at
abuts the St.innbarr Farm on
nform you that JuPiter En
oposed rezoning.
rprises strenuouslY
h at Roaring Fork, was P hased and a single
nit thereon within the Ia t year in reliance
Your consi ration of the foregoing
Yours very
JU
Peter Van
integrity of the Garfie
that zoning is alwaYs s
ould hope that anY such
ehensive study of the r
an overall plan, rather
n an adhoc basis to suit
per.
County zoning.ject to change and
anges wou1d be the
irernents of Garfield
han the result of
he desires of an
11 be appreciated.
uIY,
RISES
artner
win,
ntY,
Planning Director
Colorado
--r-
\;':,;Tt-1al r:r,' r- |. {,
I
6:00/7:00 A.M.
7:00/8:00 A.M.
8 200/9: 00 A.M.
9 t00/L0:00 A.M.
10:00/11:00 A.M.
7l:00/12:00 A.M.
L2:00/L:00 p.M.
Iz 00/2:00 p.M.
2:00/3:00 p.M.
3200/4:00 p.M.
4200/5:00 p.M.
5 z 0O/5:O0 p.M.
I
I
GARFIELD COUN
SOUTIiB UND
TRUCKS
4
3
5
7
5
3
6
4
2
2
I
1
43
HOUR TRAFFIC COUNT
ROAD 1OO AT ST. FINNBA
& PTCKUPS TRUCKS
Sfr teaux;a Ftu
.o* Jo *'y 7?
RTHBOUND
CARS & PTCKUPS
-
2L
54
35
32
42
42
24
38
27
45
36
48
&natf,'/y'
444
13
23
30
42
55
43
46
38
39
49
63
53
494
3
6
7
5
5
6
3
0
4
0
0
1
40
,or* ]
rl
Truck traffi
Estimated A
BE of 12 hour count
age Daily Traffic I,400 o L,700
l
n
PLAN[lING COMMISSION
Exr-ll 8l-r :I
June I I 1979
Co unt fi ci al s Present
Ray Bal i n, Pl annj nq Di rector
e Andreasen, Assjstant
Regular Members
llembers Present
Barbara Lorah
Ri chard l'lartin
Arnol d MackleY
John TriPP
Laverne Starbuck
Dal e Al bertson
Carter Jackson, Chai rnnn
Stepha
Ar th ur
Hope
The rneet'ing was called to order at 7" 30 p'm' by C
Barbara Lorah nnde a motion to aDprove the Minute
nBeting and Arnold Mackley seconded the motjon' It wa
Pl anner
bplana1P, CountY AttorneY
erts, Recording SecretarY
FIRST ITEM ON THE 4GENDA:
Ray Baldw"in exp'lairied that this request was for I
4.0 acre commercial ared on .I43 acres located approxi
carbondale at the intersectjon of Highway 82 and count
aletterof.intentfromtheRanchatRoarjngForkrega
sewer, and all foundatigns would be constructed to
Ron Liston, represdnting the developer, said that
dike, Also, there woulf now be two points of access
Arnold Mackley asked if they were plann'ing to wi
Liston said he d'id not believe there was a hiqh conce
Ray Baldwin suggested that possr'b1y a flare in t
Dorothy Brown, neighboring res.ident, asked how n
subd'ivision and questioped where the road would be'
She was advised by Mr. Liston that there would
would be to the south of her gate'
Arnold Macklev ask]ed Ms. Brown her opinjon reqar
area and she said it wqs as bad as Highway 82'
Ron L'iston sa'id that he was opposed to putting i
St. Fi nnbar Farm P.U. D
'i rnnn, Carter Jackson.
of the l'laY 14, 1979
carried unanimouslY.
Zone Change
0 units toqether with a
tely 2 miles east of
Road No. .I00. He has
ding the water and
fl ood requl at'i ons .
there would not be a
County Road .l00.
n the road, and I'1r.
rat'ion at one time.
road would be Practjcal
units would be in the
.l20 units and the road
nq the traffic 'in that
acceleration and
deceleration lanes.
Arnold Mackley said that safety should be the nn
John Tripp sugges(ed lowing the speed limjt to 2
Stephanie Andreasen said that the Army Corps' of
site visit, but at thj$ point, a 404 permit was not
Ron Liston said tllat they are working with the D
and Game and the Audubgn Society. They wjll be looki
concern.
m.p.h.
Enq'ineers had made a
u.i red.
v'i s'ion of hli I dl 'i fe, Fi sh
at extensi ve reforest-
a t'i on.
Arnol d Macklev asked
I
if the CitY of Carbondale d addressed this, and
of
of
Mr.
that
Ray Baldwin sarO ,nuf, 3y re
Arnold Mackley asked
to phase.
Mr. Liston said they
Fork. They wou'ld start wi
rnre, it would go faster.
Arnol d Mackl ey sugges
Ray Baldwin suggested
Since the zone change
discussed the items of the
Chai rman Jackson appo
of the Board at this time.
John Tripp nrade a npt
Conrmissioners with the fol
be worked out with the Ran
a logica'l extension of the
3. A traffic study be per
project will have on traff
carried unanimous'ly.
augmentation for their
Ron Liston, represent
Liston said they had
the average 1ot size
Dale Albertson asked
tank.
Rick Kinshella, from
in the Southeast corner of
elevation point to allow b
served by pumping and not
at
aware of it and haven'-
their development plan wa
uld get the utilities from
an initial smaller phase;
a time limit be put on thi
a sewer easement to the east
ketch pIan.
nted Barbara Lorah and Richa
on to recommend approval of
owing conditions: l. A wate
h at Roaring Fork. 2. An ea
ter. That condition has been
resol ved that at the present
the lower area would be th
ut fire protection and the I
dorado Engineering, said the
he property. It is designed
ter service. A portion of
avity flow.
they are looking at a sewa pl ant. There woul d possi b'l
in the area; and with an sement, there would only be o
may never be needed but it uld be there if necessary.
takes the place of a sketch pi1
sewer line to the east prope
rmed on County Road 100 to
c safety. Richard Martin seco
SECOND ITEM ON THE A : Cattle Creek P.U.D. Prel
Ray Baldwin explained at this was Filing No. l, fi
the P.U.D. The zone was approved condi tional o
the developer, showed the
includes 68 units and exp'l ned the P.U.D.
Barbara Lorah asked i they had dedicated land to
{t
)1<2,- -t-., '-1::
''7:'<.4<
-\.J_,-E/,a,.
'J
r-
(2)
t
b
ressed any opposition.
they were goingand i f
Ranch at Roaring
if the market demanded
zonr ng.
rty
be more
p1 ant.
I i ne since
devel opment
The easernent
, Chairman Jackson
Martin voting members
P.U.D. to the County
and sewer agreement
ent be provided for
line of the proPertY.
ermine the impact this
d the motion and it
nary P1at,
t and second
Filing No.
ph ases
n acceptable plan
t.
ission the map which
School District and
ime. He also said
or four acres.
ation of a storage
orage tank would be
be at the highest
project would be
wa
w'ith
reach
concerned ab
aDproval of
a passenger pl
ExHtBrT D
istant with the
H'ighvraY DePart-
by the tjme the.Y
t the intersection
nal plat. She
k up site for Publ"ic
-i
The staff recomL lation was for approval; it
zoni ng; the traf fi c s i gnal 'l'i ghts to be worked out
ment; and an aqreement wjth l^Iest Glenwood Llater be
receive a certificate of occupancy'
Stephanie Andreasen said she was still
of 6 & 24 and it should be addressed before
also advised a provision had been made for
transportati on.
Carter Jackson made a rnot'ion to recommend approval
cond'itions: (l) That expansion of Highway 6 & 24 to fo
this proposal and signalization of the 6 & 24 and Mel-Re
be done (2) A contract with the West Glenwood Water and
be signed (3) The right-of-way for an access road to Co
24beprovided(4)Prov.isionsbemadeforabusstopin
made.
John TrjpP seconded the motion'
Barbara Lorah was appointed a votjnq member of the
Board Vote: For: John Trjpp, Arnold Mackley' Car
KelleY MeYer and Barbara Lorah
Agai ns t: None
SECONDITEI.{0NTHEAGEIIDA:St.F.innbarFarmP.U.D.
Ray Baldw'in expla'ined that due to public input' t
made. The densjty had not changed, and when it was res
County Comnrissi oners, the app'li cat j on was not complete '
je ct to th e fol 'l owi ng
Ianes adjacent to
Road intersection
anitation District
y Road 130 from 6 &
nt of the mal I be
ard.
r Jackson,
zone change request
were some changes
'itted to the
were technicallY
change
Itural as defined
owned bY the
people who live
ey couid use central
Ranch at Roaring
y would have made
uld be. The commercial
nd there will be
people wjll have
ut the Project.
cel erati on w'il I be
Ron Liston, representing the developer'
startinq the process over for a P'tJ'D' s'ite
Mr. Bal dwi n sai d the pas ture I and w'i I I
under the zoni ng, and shot^red the open space
homeovrners, and another area which will be ovrned by I
in that area and meet the 25% open space requirement'
sewer and water either by themselves or jointly with th
Fork. A1so, he would assume that by preliminar'y plat t
a deci sion.
Ron Liston showed Where the lagoon sewa$e s.ystem
equestrian and homeowners are basicallY tjed toqether,
levels of control in the association so that all of th
s ome control wh j ch wi I I he1 p to es tabl "ish qua'l 'i ty thro
They have also realigned one road and acceleration and
desi gned at Pref iminarY Plat.
Arnold MackleY felt the
for the arneni ti es .
I and shoul d be used as 'in
advised t
plan and z
remaf n agri
which will
-2-
nse1.y as is feasible
Dick Martin stated the density is already at
like to see central sewage in the entjre va11ey'
Dick Martin was appointed a voting member of the
Dick Martin made a motion for recommendation of a
condjtion that the water and sewer systems be definite
pref iminarY P1 at.
Carter Jackson seconded the motion'
Board Vote: For: John Tripp, Arnold Mackley, Car
Kelley l{eYer and Richard Martin
Aga i nst: None
THIRD ITEM 0N THE AGEIIDA: Hillview P'U'D' prelimi
Ron Liston stated that the engineers had changed
so there utould be no problem with Westbank' The
which will collect surface runoff and run into a
district cannot be formed until final plat'
This item was tabled since no action was taken at
F0URTH ITEM 0N THE AGENDA: Westbank Ranch Filing
Ron Liston, representing the developer, sa'id the
the P.U.D. was in the road.
Ray Ba'ldwin said the road was not acceptable, so
build it the way it was originally submjtted' They wi
storage for ?40,000 ga]1ons, and also the site applica
approved for the se\^/age treatment p1ant.
Ron Liston sajd they would try to improve
This item was tabled since no action was
Carter Jackson made a motion to authorize
Lion's Ridge final plat when it was completed'
the 'i n
R'ichard l'lartin seconded the mot'ion and the vote w
FIFTH ITEI4 0N THE AGENDA: Crown Meadows P.U.D' z
Ray Baldwin explained that the original applicati
on 725 acres and thejr reapplicat'ion was for 365 units
is a P.U.D. with 96 multifamily un'its, open space and
acre lots with central water and septic tanks.
Van Martin, representing the developers, said the
phases and the third phase would requ'ire a sewage trea
Mr. Baldwin said they would build out each phase
in for another Phase.
A
the R ch , and he uroul d
plan
pond
met ro
rd.
oval with the
submi ttal of
r Jackson,
ry plat
ori qi nal drai naqe
will be a storage
ainaqe ditch. A
hi s time.
o. 4
1y change from
y were going to
have the water
on permit was
section.
his time.
ckley to siqn
taken at
Arnol d
unanimous.
change request
was for 899 units
n 498 acres. It
ingle family one
woul d be three
i ty.
came back
t facil
)-J-
fore they
f"-\ ','..1 ri,'t,lLt., i,1.i .',,r l. '',
ili''
'
\
-il; L- li 1?73
l;i {lflllili'i (
June 2L, L979
on the requested
scheduled for
13, Ranch at
innbarr Farm on
rprises strenuouslY
chased and a single
t year in reliance
d CountY zonrng' -[i""t t" change lttditg.= would be !1",i;:;;"4= or Garfield
fr"" the result of
.. :ir.1t"
.4tlf'1
Garf ield CountY Comraissi?1"to
e"tfiuld Countlr Courthouse
P. O. Box 640;i";;";a sPrinss' co 81601
Re: St. Finnbarr Farm
Gentlemen:
I received
rezoning of the
JulY L6, L979 '
JuPiter
Roaring Fork,
the north.
notice of the
St. Einnbarr
public heari
r''arm, which i
the owner of
abuts the St'EnterPrises is
Phase V, which
This is to inform you that-Jupiter En
oulecls-Lo trre proposed rezonrng'
Lot 13, Ranch at Roarj-nq Fork ' was Pu
f amiry dwe rri;;";;t!-:1::::3-.1"tlil: E:?tl:l3t I' In3*: : i'.1 3
"
:'i -
i " ;; ; ; I
: i - :', I
n i ri 3i'='lvhile r tppt""ill" in"t-.1:"ll?-i:.3t:io";lVhile I apPresio,';,,il*;.;; thit any such*"aiii""tibn, I wourd hoPe
result of ' "oi'''pt!tt"""i"L^?1"1Y=:t ::?":resurE .,r ' ";"';;-tt'--ot"t"ll plan'' I"!l?tcounty as part ol-":-o:Ii,1i-"IiI='t" suit
"spot,, r"rorrr-ig-3r, .t adhoc basis to sua
in-dividual developer'
Your consideration of the foregoing
Yours very
JUPI
he desires of an
II be aPPreciated'
ruIY,
RPRISES
Peter Va Domelen,artner
Directorcc: I{r. RaY Baldwin 'Garfield County'
Planning
Colorado
2 HOUR TRAFFIC
GARFIELD TY ROAD IOO AT
o
I
COUN
SOUTTiBOUND
00A
004
00A
:00
I:00
2:00
:00
00P
A.I\'l .
A. M.
TRUCKS
4
3
5
7
5
3
6
4
2
2
I
I
43
Truck traffic 8U
Estimated Average
CARS & PICKUPS
I3
23
30
42
55t
43
46
3B
39
49
63
53
494
of 12 hour count
DaiIY Traffic L,
COUNT
ST. FINNBAR
RTHBOUND
TRUCKS CARS & PICKUPS
FARM
00P
00P
00P
00P
' .14.
M.
M.
,M.
.M.
.M.
3
6
7
5
5
6
3
0
4
0
0
I
40
2L
54
35
32
42
42
24
38
27
45
36
48
M.
M
,M
.!I
A.
.e
.p
P.
A
444
O to I,700
C;arfield County Piannin$ Coinnissron
Courthcuse
;;";;; sPrings' colcrado
Should you trave any questions on this matter' I
answer them'
JRH/jo
cc:Jack Jenkins
Gentlemen:
.rhis is to let vou know :n: "i:::r::t::"";l?""il: :
Association has entered into drscu;"-t;;--;aer and I
developer, of st ri'''f"tt Farm on joint water :
;";;;- two develoPments'
tf this can be mutuallY 's1'"1"1o:.:::::'i""*:ll
an additionar sewer plant ti-:}"#I?t""i iot tt"1
a back-up u"^";;;;'"tt"t suppry in effect for
Ev.*tOtT rl
3r, L919
rS
Jenkins
r facilities
community '
ld be haPPY to
ry trulY Yours'
NCH
Le the need for
on would Provloe
A,N ROARING FORK
^ro".. assocIATIoN)s#
resident
Townhomes ' 14913 Highway 82 'Carbondale' Colorado 81 (303) 963-350o
F - Exil'BtT Gr
i nl+-^,)x
,,;W DEPARTMENT OF HOUSTNG AND URBAN DEVELOPME
F EDERAL INSURANCE ADMIN ISTRATION
BEGIONAL OFFICE
TITLE BUILDING,9O9. 17th STREET
DENVER,COLORAOO 80202
MaY 30 ' L979
JUN
o B7s
,- *,;:; lv;aa.1rP
8I Graham
FLO-1REGION VIII
Mr. RaY Baldwin
Garfield CountY Planner
Garfield CountY Planning DePt '
2OL4 Lake Avenue
ci"rrrooa SPrings, Co1-orado Bt60l
Dear Mr. Baldwin:
At the request of Mr' Robert Pattillo of Eldorado
company or ctenwlJ- ;p;i;;;'.:"1::i1::-:.1"::":";:
::T' ?lffi ;;'il;" i r "1""a" ""t: d"Tl:lT?"i -l::: :"'
Colorado. In f'rt.' i'itillo's transmittal letter of
he enclosed for ;r';;;;;t r".: ?991"::::1?t:?:.:lHr"::i" ""'i"' I' 1;'0'' ; i;;n'i-uni t develo pment ske t ch
""i"""t maP - St' Finnbarr Farm'
ineering
the
rine,
y 25, L979,
ation zone
lan and
nr activiLY
elevations
ing equalled
Flood
top of the
nstrucLion
e MaP, then
Insurance
are not eon-
that an AO
regulations
ementr be
r above the
Map, r,rhich in
streets and
ept to aPPIY'
in the A0 Zone
of the founda-
ade Prior to
tures be e1e-
Elevation Zone
My review did not find any major problems' Develop
is not taking pr;";l; tnl ftooawav' The base floo
(the elevations that have a one p"ttt"r chance of b
or exceeded in ""r-gt"trr-yt")
wlre raken from FrAr
i',"r'"r,". Studv "i'-{"1" ttli ^::;i.t:"::;;il;:" J":
foundation wall' ilith one Possl
takes place a" "ho'^r*
on the Foundation Elevation Z<
it will meet th;;;;;;t*;nts of the National Floo<
Program (NFIP) Reguiations' provided that basementt
structed ," "t'o''*"on the plan' The one exception :
Zone is shornm oi--tttt Ilood Insurance Rate Map' the
for which ,tq''itu-that the lowest floor' including
elevated above ;;"-;;t" of. th3.n1it:::..:::::t-::"
;:;ln';ffi.'" "r'"it;;e "" the Fl-ood rnsurance Ratt
this particular I""" i" one foot ' Without existit
due to the steep"g'"ai""t'- thit, is a difficult co:
A more workable "I'"a"'a is to be assured that wi
shor^m on the ffooa- in"urance Rate Map that the to
tion wall is one foot 'bot'e Ehe highest adjacent
construction' tt'i"-*'V necessiEate thaL some sLr
vated above tf'"-"i"t"tions shoum on the Ioundatic
Map.
l4aY , L979
tters of
amendment
I'or Your
structures
.ures without
r Zone B rates
or more above
Mr. Baldwin
SincerelY,
'lt' \ t/,. i'rtu'"L'.,:1ru ,J
wavneuJ. braham, ?'E'
Hydraulic Engineer
Enclosures
aPr Ift. Robert Pattillouu' uraot'ao Engineering
P. O' Box 669
Glenwood SPrings' C0 8160I
NOTICE FrA-7e-'
SUBIECI: Conditions and Criterla for Letters of
::r..Hil",:fi:"'.:'*ifl"ii'i:*:.,tr*ffi1*tt
?*x,'"'":r ;*"t EI t * :il#nff rs,fr""insur.nce *t" qi [+ =::ffi*?t#t':"tH?tfl::i Eii#i'i"t *?L' or Map Ama COnditiOo&I I'euusl v! --L .ef Of llap Attetn'u'
i#H:i'i#t*:'::::"-#,F:#i: :tY;.:.''#il; insurable interest'",iu set forth flq
:r#fi;rl n*n"il!::'*:'8il:ilY'in t;
diruk=::m:'il::il=Y:'ffi;ffi-"',;viru'ri
I0: FrA Fl"ood rnsurance Staf f
question'
General
l. EleYatiorl ftiterra
"ii"., thus remorrng
tj:e strr:cture Ln
en t€ar.
as defined in Section
,:ii#-Iin gry'?.9?;..i'
ffi;.'';io;-prain within
;";i floodirs in.*Y-'fi# "i."ti*t (snn)
'. ii";;;nt clra'ce of
U. S. --PARTMENT OF HOUSING AND URBAN DEV
FEDERAL INSURANCB ADMINISTRATION
LOPMENT
IRES: October 24, L979
p Amendment
trre) Policry
or not a structure
il; ;h*t" on a. Frood
;'Gd;] . o T!::I:'l5 i*a areasi howererr
H'-ilile'**^lT9'-*,Il"a]i-ri;t re2o or the
[ii, *"r or a Person
hif suPPortirg'i.ti"iition of ttte
*;-& pq H*'*.
:?ffi:.,fiL#,*3."ff='*H.ro*etgxl*iii'k*i;ffi:TJ[i"" has not been
iili"" lt the 1ry^T?P-f,i:t"
*#xm":tH$;$P11";g*,1,5
iechnical data' "^,";:;Itrv of t}re da
:t*ffiEm'r*
lm*"'?:,ffi "lEi"ii:?l#t'q?"#
rechrnical 9i!1.:^"'}*ii" Grity "f 9:elsr ation -Ftit:iJ'..ii" iari.r, it consi
ilre base flood e
u. tP furnish sufficient
io"-"i-u"th tkte l*:=^:-
jf'.::fli#r',:::ffiu.
ri} 24, L979
Speclal
-)-2. Other Criteria
i. F.lodlravs
Hf:.$ filr nay ue uHtized ail"*#,$""i$|:uoi"-r-ffi .Trlfffi "i,l:$:liry.r,sbuirdineFffirs"rffi *ff S#'3*if:!fr Hffi HJti*iTi$#iil l**ffi# ##xHi liT:s;H;Fffitfui
*ffiip,.m stm"r"$i:*x,#i*.;plT'r"r=a:1.*.tr^Il:3 ii.u'.nE ;iffi"{"ffii$ninatiqr wur-EEs; ;iT"i['
IXH:-T!.:9 uo,1"""r FrA s6d :iT?-::]-Id: *"ir"[i" i[.tr*fi ffi'ffdTffikfai'ffi s$iffi#ffi sif$i,ffi ;b. L.::::,y*;r"r ffi sfit ffiffisl Hti+i,fr .Elevated Structures
lrildings r*rich
#$#"T:Ilff ff"iT"hj.m.;:rii*"*^r:g. piers or ra, rsm#;#L:'*.*"lffix#rli",*"il.Hif;sjri,i',.H.HruTs&*-ffiiiiffi ftTr""iill'E_E:Hf"H:",h'l#*ood i nzuran,i *ffi;S:,ffi.-y*T[o"fr=,
"
* ru;C"rXH.#.(1'e" posts or prers) is stitt ..r ttre.snaai-- ;,aia "i-il.Iil.,.a*I*,:_T_:
;; ;i#i"i" Hr'iTi1,:.ffi"i"ffi..ffi ;* ffi:c.Barzier Sard htres
Stnrctures built on bspecial F_1-d.EJ,i1;ff.t"],ff :ff:jrl] nor be rilc\red rron theresui rurent s incre-i;e
"
t"ruilv TF. il:T#'ilyi" tffitr';,]Hl.
.
..iffiffi#:#$#$H'Hffiffi
estinafill,
date o:arrl lar
strdy" t"dii}, T^":}Ptim will u" r$"o u-i"i"Si"*.., lig,h.hazard*^H#Tji*;'ii:*xfrt$*srt*"tr'"'t1###
judgexne
HtisFltff*.H$'*rtF:tr#*:#ffi i.,i$i:i"rn:iH:iy
Generallyr FrA r.5rr.10. has inricald. ttut tnL-fo11*rirg doqnnents are;rotff,jf mro*.*fl*:""ffi.*"ther a struc[tre_Is in a speical
I€gal_description 9f thre property, usually an actrecorded plat rnap bearing the seal of ttre- circuitclerk or Recorder of peeos), irdicarirg "rii"iur "proper citation (Deed or pLat Book VoLr-rne ard page
A topographical rnap vfiich strovrs: grourxJ elevationtotal area of thre protrnrty in qrres[,ion, the leati,structure or structures onr the -protrnrty in questition of the cunrilinear r.ine vrtricr,'iepi"=."i;-th"inudation b}r a flood havirKJ a l-percint chance ofany given.!ear. This cunritineailine nrust be bas
:_ion prgvidq by an authoritative source, such asCortrx of Engineers, IISGS, SCS, or other FbderaL aDepartment of Water Resources, the Cou.rty Water Cothe County or City Engineer, a FIA FIod Insurancetechnical- data prepard by a register.d .rrgil;.information subnitl"a Uy i property ch/ner with anylisted sources.
3' A certification by.a rggistered professional ergirll4 "uyeyor -sraling Ii the tpe of srrucrure, z)it is elqzated on poits, piers-br walJ_s, 3) whethebarrier sarxl dune, 4) thre-elqration of icryest ifoo
-3-
basement), arxl 5) thre eLsration of the lqreststructure.
Condilional_ I"etter of Anerdrent for Uni
ard barrier sard dunes.
:1.
2.
copy of ttre
(Courty
tion arrl
).
, theof the
ard an irrlicr
subject to
utrnn informa
U. S. Army
, the StateI District,
tot
may cordinate
thre aboye
or licensed
or notit is built on a
( includirg
adjacent to ttre
to uninprwed
ard ttreir
shqr thrat ttret, ard l<rpest
drawn) is at or
Letter of !4ap
Amendnent will
lorvest fLoor
ture are at or
structures
t irvolves, piers or walIs,
The flood insurance 5:urchase requirement does rot atrp1larxl, since flood iniurance is 6n1y arailabie for strucontents. HcDJ*zer, if a proSnrty ovner sutrnits clata
:i-,Tq:T"d ITd (ard rhre rcryest tloor, i".i"ai.q b""adjacent grade of protrnsed structures'if plans harze beeabqre ttre base flood elwation, FrA wilr issue a corxritAmen&nent. Ttris letter states that a final Letter of rbe issued for a proposed strrrcture if tLre elevation of(includirg bassnentJ ard l_cnest grade adjacent-to theabcve ttre base flq-erevation. -The poliqr for existi(outLined abcve) will be follqred wfrei the-pioposed dwfloodways, oastal high hazard areas, stnrctures on rcs
-4-
FIA extrnrience haS irdicated that tlre follcnirg information is necessary
to determine if i CorUiti*.f Letter of Map pmendnent can be issued:
I. A topogtaphiCal map vltrich shqrss grcwrd eletration contours, the
total o"" oi- tf,. -pt"p.rty in qrcstion, ard an irdication of the
curviline"r fin" tfricl, reiresents ttre area subje"t P inundation
b,v-a flood hrarirg a l-pe5gent clrance of occr.rrrence in any given
G.i.- rhis cr:wifineai line m.rst be based u5nn infoTalion
irr*iA.a by; authoritative so,rce, such as ttre U. S. Arrqf Corps
bt nngin*is, USGS, SCS or otter Etsderal 4lenQYr the State
Delnrtment of Water Resources, tt1g Cor.nty l{ater Contnol District'
thre @tnnty or city Engireer, a FIA FI@d InSurance sttrdlt, or
tectrnicatdatapreparerlbyaregisterederyineer.FlAmay
coordinate into-rmai,ion sutorittei by a property cmmer wittr any of
the abcve tisted sources.
2. If plans ftarre been drarrt, tlre f irst floor elerration ard lcn^rest
adjlcent grade of ttre proposed structure'
Subject to a reriew of ttre abcrvre information, a lett'er will be issued'
it"[it*J thre corditions r4nn r*trich it is based'
When a strtrcture is eventually crcnstructed qr tlre lard, tfie property *rrer
ro.rst sulcmit the f;ifori.tg inf6rmation about tlre structure in order to
receive a Letter oi-Gp lln r*tnent-r"rroritg ttre strtrcture frcrn the flood
insurance purchase requirernent:
l. A legal description of ttre protErtyr -*FtrlY an.actYal. oo.!y of q9
reordea pral-ilp-u""ii.g tie -seaf-of trre c-ircuit clerk (@tnty Clerk
or Re'cord"t og cE.a") iniicatirg official recordation ard pro-5nr.
citation (Deed or PIat gooX Volftne ard Page Nunbers) arrl irdicatirg
thre as built location of ttre structure, or a certification of the
Iocation of -ttre finished structure by a registered ergineer or
ticensed sunTe],or.
2. A oartification I a registerd ergineer or licensed sun'e]ror of Fe
elsration of ttre lqcest Aoi-iinciGitg bassnent) ard Ure elwatist
oft}relovlestgradeadjacent.tothestructure.
utrnn receipt of this informatiot, a Lett€r of. Map runenrtnenttill be
granted usirT, *,e Gse flood eie,ration data strcrrn on ttre FIB1{ if it is
;rbii;hJpoi"i t" start of construction. rf a FIBM has not pt been
pr:blished, ttr€ Letter of Map n .t l*.nt will ice granted usirg the flood
data atrailable at the time tkre @rdit'ional Letter of t'{ap Arnerxinent was
issued.
-5-
Si-oned Statoen+_
Iocal corununity.
A oFy of ttre attached statenrent assertirg the accsutrnitted nu.rst be sigred *rd ;rh,,iitJ by,G-.rp.
Appropriate Mdress
Ietters of request and information suptrnrtirgArnerrlnent should be sent Oirectly to:'^------r
Chief, Cartographic ard Map Amerxtnents BranchFederal Insurance Artninistration
Department of ltcusirg arxj Urban DerelotrmentRocrn 5144
451 - 7th Street, S.W.t{ashirgton, D. C, 2O4LO
FfA EValuation arri Response
utrnn receipt a'd qraruation by FrA of ttre required cchrner will be notif ied in writing of our f indifis.rqriew of rhe sriddnce indida;-; ;nJ* i.'iia nr"ptfl"$:.: hTing the effecr of amerxlirg rtre FrA l,rap(oe sent to Ure FIA Senricirg Agent, th6 State Aoordi
The tirne required to
utrnn the quality ardwill ncrmally requiredata.
reyiew matters of ttris nature wonpleteness of thre clata subniiabout 60 days frcrn ttre receipt
of ttre information
for a Letter of lr,lap
., the proSnrty
addition, shou-l.d a, a Letter of Mapin qr:estion, wiIItirg Agency, arrl thre
I generally deperd. Ttris procedureall supgnrtirg
Refund of Insurance premiurn
II :.protrnrty q^rner is required to Surchase flood inof direct Federal gr {eagrariy-rerated financiar. assstructure rocated in designaiSa-special Frood HazardIFIAI map and if, at a lafer Oite, it is determinedAmerxtnent ttrat the structure in question is, in fact,cunrilinear boundary of tne aila wtrich r,rould be inuncirnunclfLood, a fu1I refunl of ttre p""*i* trnid for the curr,3;-*H"X,f:3.rra, fn5o,rsii-tte asent or broker wrro
anc€ as a corditiqr
tance for a
on €ux official
a Letter of Irtap
outside tlleby ttre basepolicy )Ear rnayld the policy,prwided (a) *rat no cf"i*-i" l-rairg ", a";-;;:; H:.S::t:l^-d?.ip thre sane p"ri.i yeari arxr (b) trrar r on tJre poliqg inlerding' insiitulionwhich reguired rtre purcha;;-;f' fi;;;-d;;Jfi
H
the requirernent.
-6-
Ebr@
Ilbre slEcific informatiqr relatirg tll Letters
;;i#-[-t"r.p4g1irs the rederar rn$Eance
n''mu"r (800-424-88721'
of MaP lcnendnent InaY be
adnin-istratiqtr s toll free
tfrisNoticecancelsNoticeFlA-?8-4datedSeptember2L'1978'
ThismaterialwillbeincorporatedinttreproposedNFIPPolicy
Handbook.
Attachment
.$ril-24, 1 qJ9
n
The following information is attached in support of my request that a dwhether or not a certain land area or structure is in a sp."irr itood Hazardofficial Federal lnsurance Administration Flood Harara-gorndary uap?.Rate Map (FIRM) numbered
(community number)
(Please check if attached)
E (t) An actual copy of the recorded plat map for_
the circuit clerk (county crerk or Recorde, o|ffij
indication of the curvilinear line which represents the areiflood having a l-percent change of occurenCe in any given ye
(4) certification by a registered engineer or licensed surveyor starstructure; 2) whether or not it is elevated on posts, piers;barrier sand dune; 4) the elevation of the lowest ni"J rlelevation of the lowest finished grade adjacent to the structu
D (5) Other (Please lisil.
(Date)
and proper citation (Deed or plat Book Volume and page N,).
E (2) A topographic map which shows: ground elevation con he total area of the prop-erty in question, the location of the structures on the in question, and an
bject to inundation by a
based on
( sou rc e of Plo o ai niTnfo rmat io n)
D (3) Copy of trl FHBM or E FIRM for
name community)
on which the location of the property in question is ind
ATTACHMENT
REOUEST FOR LETTER OF MAP AMENDM
panel
rmination be made as to
(A or V zones) on the
'BM) or Flood Insurance
bearing the seal of
the official recordation
: l) the type of
whether it is built on a
ing basemenil: 5) the
correct to the best of
fine or imprisonment
The above statements and all documents submitted in support of this appealmy knowledge. I undcrstan_d_that any false statem.nt -iv be punishaileunder Title I 8 of the United States Code, Section l00l .
Applicant)(Signature
HUD-538 (8-78)
ARTHUR B. FERGUSON. JR
(303) 92s-3476
Hon,rxo & H.rnt
ATTORNEYS AT LAW
555 SEVENTEENJTH STREET
sulTE 29CO
OENVER. COLORAOO
MAILING ADORESS:
P.O. BOX 8749
OENVER. COLORAOO AO2OI
PLEASE REPLY TO:
434 E. COOPER STREET. ASPEN. COLORAOO 8 I 6 I I
TELEPHONA 925.3476 AREA COOE 3O3April 6, L979
81601
CABLE ADORESS
HOLHART. OENVER
TELECOPTER (so3) s75-a25 I
vise you ofis the sub-
of the property,e has a general
on April 7,23 of theecorded is
nney to
you have any
em with ycu.
:I
on, Jr.rt"
TELEPHONE 575.AOOO
AREA COOE 3O3
Board of County CommissionersFor Garfield CountyGarfield County Courthouse
GLenwood Springs, Colorado
Dear Commissioners:
ABF /b
Enclosure
cc: Jack Jenkins
Ron Liston
On behalf of Jack Jenkins,the status of the ownership ofject of his proposed p.U.D:
With respect to the status of the ownershipthe record title owner is Gertrude L. Janney. Swarranty deed t9 the property which was recorded! EU\JI- L,I,EL^962: 3: Receprion uo-. ZiZttZ in Book 401 ar paGarfield County records. A copy of the deed. asattached. Mr. Jenkins has contracted with Ms. Jpurchase all of said property.
I trust this satisfies your requirements.questions, I wi1l be more thin fr.ppy--to-ai".r==
I am writing tothe property whi
Sincerely,
Arthur B. Fefor Holland &
b-
.1.':ti'.
V^-<\
Recorded ai )r5Z p.j,I.
Rec ep i i on i'Io . 2rrilZ'SxIll,l*"1iff,- Book 4O1ecorder. pa6e Z.j
(fi
, in the year of ourween THE T. O. Rri\-CHand existing under
, ef the first Dart,tate of Colorado,
first part , for ai:dh S500.0O i-s attrib-he first part inreceiot v.,hereofbargained, soI<i,D-, sel1, convev,her heirs, andcels of 1anc, sit_tate of Colorado,
wnship 7ribed as
ibed as
u therl y
rsection
ence the
f. said
.40 feet;
ng the
ijo. 82;
ence South
the lies-
or therly
aici Countyng 0.73
lying
s
l;L
?-
THIS -DEED, nade this 31st iay of }iarcLord one thousancj nine hunclred and sixty nine, becoliP'.NY o'n coLoF-ADo, a -orpo..ti-on ciuly organizedand by vi':tue of the r-aws o: the s.-t" of col0rad:lof:*]ll3;.r;";il"u, , ir the C"""ti-"r pitkin,
,
gENE_BA! lrAi?-RAlr"Y
IlT.::u:.n, that !h: said Darry of thllji:,1:"::::::^:._:l; J"i ""i..ir86:;13:551 :; .":lx;;;':,r': i,:':::"1 -?:"i:::r,
-i"-i;;' =";;"1;'i; ::l:":^::.i: iv t""-,ii;";;;i|'oi".;:"=::::"o:;
l:^ n::::L .::"r "= : "d- ;"I -;;i" J,r "o'n"; ].f; l?noi; j;
_ ::l: :::::y:o.:-ilo-rh;;; ;;;;;;i'"35li ;:::.:';::::::, T:':i: ::.; .ai -=IiI';;;;;'";";l.n:ili;. ":::;:::*i,.i::.":I 1 ..11 " i- ir.,X*i"i r J"lr,.,n=o::::i:":":
H.i; nlrt"n, and beinE i" tr,"-a;;;;;r";=;=;i:i.to wit:
All that Drooel:Ey .Located in Section 31, Tillil;=;aise'87 'i-est-", -tn" 6th p. M. r ces
*:, B; 1:1"_ 3 : 4; "lo 18 lyins south of stlio. Bz ani Loi^s e -i ; -i.-r arre r.,u LIr or s
aF +i.^ c ^-_: , ,tt. 5,, 12, 13, ani 19 and the
te Highway
ortheast Ive;nents
gs r trees,
, ordinary
- ---, -..Lruu!119 J.di*TI , Cf O()S, gf aSS, f en--t'd laniscaoing, in their Dre-senf nnnAi +-.i ^
H":::.'"y::I:: |_{:,. .ln;Ll"i'^iiii :ii il;.:::'::1, inclu;i";'r"-Ii; :;:_s..eosqr-/j-rr9, tI.I tneLf O;esent COncjitiOwear and tear excepted;
Excepiing therefron the following:
A.A tract of land situatecJ i_n Lot 3, desfollows: Beqi_1ning ;a-; pornr on the:1:: ?*r^rj".: aiEn.iay;;. Bz at the inwith the ri"r."Ii;'^i;i""3i :j";;rtl5.otnii'itness Corner to the ]iortheasc cornerSection 31 bears iiorth 62.59, e ast 2 -2thence iior th 60 " 0O ' li." t' ZiZ . Ze-;;.;, :Southerly .l_ine of the said State iii_ghw;i::;:.'"i":l^10: 19'^iI":.-r :e. rs reet ;'79" 45. 30,, East 217 .29 r".i-,;;': ffi;i ;terly line of, said a;";i| eouc; thcnce137.27 feet aiong the i;eiterly line ofi::9 to the poili or -u"fl""ins,
contdrnacres, more or less;
B. ell that porrion of Lot 1South of the Roarirrg Fork
2, Secrion 31River;
tltli tt:rilirilARY nt
'4Liz-:it{
TOGETHER WITH al-I ano sing-u1ar the h
appurtenances thereunto belonEing, or in any wthe reversion or reversions, renainoers, rentsthereof; and all the estat.e, right, title, int
denand whatsoever of the said party of the firor equity, of, in, and to the above bargainedditaments and appurtenances;
TO ITAVE AND TO FiOLD the said prenise
described, wi-'h the appurtenances unto the saipart, her heirs ano assigns forever. The sa:-cpart, f.or itself , and its successors, doth cov
and agree to and with the said party of the seand assiEns, that at the tine of the ensealinE
pres€n-.s ic is r"e1l seized of the pre;;iises abogood, sure, perf ect, absolute, and inclef easibL
ance, in Iaw, in fee siii,pIe, ano hath good r.ig
lawful authority to grant, barEain, seII, and
the rilanner ar:o f orm af oresaid, and that the sfron all r-ormer and other grants, barEains, saassessmenis, ano encunbrances of whatever kino
. except the followinE:
D. R.ight of way for liorth-Sou
Catherine Bridge crossinE
across the Northeast )i of
and along the boundary be
th County
the R.oarin
the Southw
tween Lots
lity, and ingresof way, if anyr
6es;
That portion
SouthwesE i{
County Road
Roaring Pork
R.ight of way
A. Ditch, pipeline, uti
easeinents and rightsvisible on the preni
of Lot 5 and the liorthe
lying Easterly of the No
fron Catherine Bridge crR.iver to State liighway
for State Highway No. 6
Book 4OIPage 24
C. All that portion of the Northeast ]iwest li lying between *,he ri.Eht of wa
and Rio Grande Railroad and the mainRoari-ng Fork River;
f the South-
of the Denvor
channel. of the
oad from
Fork River
st !;, Lot 6l
and 3;
st ).i of the
-,h-South
ssing the
Q1.va vL,
i
reditanents andse appertaining, andissues, and profits
rest, cIaim, andt part, either in lav'
renises with the here-
above barEained andparty of the secondparty of the firstnant, grant, bargain,
ond part, her heirs
and oelivery of these
e conveyed, as of a
es-'ate of inherit--r, full power, and
onvey "he saine in )
e are free and clear
€S, 1iens, taxes,
or nature soever,
and egressof record or
q the right
o extract
e found to
evies, and
nclusion of,.it. Sopris
e and Rura1
','iater Con-
other similar
ase datedin Book 328,
ros;
.- J
E.
F.
B. Patent reservations, if any, incluoi
of the proprietor of a vein or looe
and remove his ore, shoulo the samepenetrate or intersect the premises;
C. Benefits, liabilities, Bssessments,liens, if Br-r!, as the result of thethe above described property wj-thinSoiI Conservation District, CarboniFire Protection Dis'Lrict, and Basal
servancy District, together with anspecial stacutory districts ;
D. Rights, if
May 5, 1960,
page 233, of
Bny, undcr oll
reco;'oeci June
the Garfield
and gas
L2, 1960
County re
2
ook 401aEe 25
ad and road-E. All railroads and roadways, and railway rights of way;
F. Zoning ordinances and reEulations, i
G. Possessory rights of Ton Zordel in atenant house, which rights (Ueing thsaid premises wlthout rent and witfrshall continue no longer than June 1
H. Possessory rights of Stepnento the smaller tenant house,based upon a month-to-nonthof 5125.00 per month;
any;
to the largerriEht to occupyutility expense)
Eovernmenial assessnents fand subsec-iient years, itthat the Seller sha1l be IfuI1;
, 1g6g;
r. in andhts arethe rate
the caienrlaring understood
able for 1968
Ie to which may
i misiocation ofof the first
, convey, and
second part anyd preraises title
d by reason of
hal1 and willre;rises in i:he
of. t;re secon,j
rY Pe-rson or per-
any part thereof,
the first part hath
bed by its president,
t'-ested by its sec-
I',IPANY OF COLORADO
Presioent
ged before me this
, BS President anci
O. R,anch Cor,iPanY of
s July 25, 19 70
S trang,
t"hich ri
tenancy
I.Taxes andyear 'l 969,
and agreedtaxes, in
.7, Any portion of the above prenises, ti. have been lost or acsuired by reason
f ence l ines; provided, hovrever, partpart does hereby remise, release, selquit clain unto the said party of theand all portions of t.he above descrito which may have been lost or acgui_rmislocation of. said fence lines;
And the said party of the first part IijAR-ri-r'r\T P*\D aort,,vitp. Diji.';i.iD tire above barEained i
quiet ano peaceable Dossession of the saio oartpart, her heirs and assig:ns, aEainst all ano esons lawfully claininE or to claim the whole oexcept as hereinabove provioed.
caused
and its
retary,
IN -vIITNESS i'ItiEREOF, the said party ofits corDora-ue narire to be hereun-,_o subscrcorporate seal to be trereunto af fixeo,the oay and year first above written.
TFiE T. O. RANCH
By Z-re.'-r-----
S ecretary
ss.
)
)
)
acknowlq
D. Thomsq
of The T.
expires
ny hand and official seal.
"0 ttht';lJ'7-
ll
oT
-, O .-a
3
Publ
lr-il.rase
I
ilecr.ptjon x:
-' votoradq or tn.
"""ona'J"t t; Pitkin
+**:gg****
f;..t J..l"".;: t"t$ iii. L1'H rr-:;, ; fl l' ::
$t{*'ffi19;}$;T#iffi
*{{**ll{t{1;1ffigft*[HrHr]Iffi
;:'fi?::":';1""1'"**,::n*ul4. the he:ecir
' q'r(r co use I
,;";;*:tirr;rff :l':Utti#r*.i,"r;;;;il1r."":"ft :::;
: :"i i
**L:T, ffi r *iflt*,, i. #if: +il :itlr+ith the
"ppu.t.-"
the
Part,
Benq
ltre-.
1. i . .1. . ^Y'r,t U5 an
CO
=:
,JU