HomeMy WebLinkAbout1.0 ApplicationVAN HOOSE TIMBER GULCH
SUBDIVISION EXEMPTION PETITION
GARFIELD COUNTY
PLANNING DEPARTMENT
109 8TH ST. - SUITE 303 '
GLENWOOD SPRINGS, CO 81601
hECEIVED AUG 3
1 1999
PETITION FOR EXEMPTION
VAN HOOSE TIMBER GULCH SUBDIVISION EXEMPTION
BEFORE THE BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Pursuant to C.R.S. (1973) §30 -28 -101(10)(a) -(d), as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, 1984, as amended
February 19, 1997, §8:00, DONALD L. VAN HOOSE and MATTHEW L. VAN HOOSE
petition the Board of County Commissioners of Garfield County, Colorado to exempt by
Resolution, the division of a 160 acre tract of land into three tracts of land, one of which
will be approximately 14 acres, and one of which will be approximately 26 acres (the
"exempted parcels") and the final of which will be approximately 120 acres, more or less,
(the "remaining parcel") from the definitions of "Subdivsion" and "Subdivided Land," as the
terms are used and defined in C.R.S. (1973) §30 -28 -101(10)(a) -(d), and the Garfield County
Subdivision Regulations for the reasons stated below.
1. The 160 acre, more or less, tract which is the subject of this Petition is owned
by the Petitioners, DONALD L. VAN HOOSE and MATTHEW L. VAN HOOSE (See
copy of deed submitted herewith as Exhibit 1.
2. The purpose of this exemption request is to allow residential sale and use of
the two parcels of less than 35 acres to be created by the granting of this request. These
respective exempted parcels are situate within the SW1/4 of Section 25, Township 7 South,
Range 91 West of the 6th P.M.
1
1
1 3. Any residential improvements on the exempted parcels shall be supplied with
I
domestic water from commonly owned and decreed springs. (Exhibit 2, Decree of Water
Rights).
1
I
4. Any improvements to be erected in the future on the parcels shall be served
by individual septic systems.
1
1 5. Access to the property to be divided is from Garfield County Road 313 via a
non-exclusive ingress and egress easement. (Exhibit 3).
1
I6. A copy of the deed by which Petitioners' immediate predecessor took title is
Isubmitted herewith as Exhibit 4, demonstrating that the Petitioners' 160 acre tract, as it
exists presently, was a unified tract as of January 1, 1973.
1
I
7. In further support of this Petition, the following are submitted herewith:
a. Sketch plan with vicinity map. (Exhibit 5)
Ib. Schedule of names and addresses of owners of record of lands within
200 feet of the proposed exemption, and mineral owners of record for the exempted parcels.
(Exhibit 6)
Ic. Soil types and characteristics from USDA Soil and Conservation
1 Service. (Exhibit 7)
1
1 2
(Exhibit 8)
d. Copy of letter to Burning Mountains Fire Protection District.
e. Proposed Declaration of Protective Covenants. (Exhibit 9)
f. Three Hundred Dollar ($300.00) application fee.
8. School impact fees as provided by regulation will be paid upon approval of
final exemption plat.
WHEREFORE, Donald L. Van Hoose and Matthew L. Van Hoose request that the
Garfield County Board of Commissioners approve this subdivision exemption petition.
SIGNED this 3# day of
, 1999.
—‘
Thomas W. Stu er
Attorney for the Applicants
STUVER & GEORGE, P.C.
120 West Third Street
P.O. Box 907
Rifle, Colorado 81650
(970) 625-1887
3
EXHIBIT 1
DEED
111111111111111111111111111111111111111 III 1111111111111
146143 08/26/1999 0248P 31131 P689 M PL.SDORF
1 of 1 R 8.00 D 24.00 GARFIELD COUNTY CO
WARRANTY DEED
THIS DEED, Made this 25th day of MAy
19 99, berg era
PAULINE TOLINI /�
of the County of f J -L`OL
Colorado, grantor, and
DONALD L. VAN HOOSE AND MATTHEW L. VAN HOOSE
AS JOINT TENANTS, WITH FULL RIGHTS OF SURVIVORSHIP,
whose legal address is
Recorder.
and State of
875 COUNTY ROAD 339, PARACHUTE, CO 81635
of the County of GARFIELD and State of Colorado, grantee:
WCINFSSEIH. That the grantor for and in eontideration of the gum of
...TWO HUNDRED FORTY THOUSAND AND NO/100*** DOLLARS
the receipt and sufficiency of which s hereby acknowledged, has granted, bargained, sold and conveyed and by them pressrun does grain, bargain, ser
convey and wether, unto the grantee, his heirs and magma forever, alt the real property together with imprmoncma. i( any. sate, lying and being is the
County of GARFIELD and Stine of Colorado &s abed r follows:
s:
TOWNSHIP 7 SOUTH, RANGE 91 WEST OF THE 6TH P.M.
SECTION 25: S1/2SW1/4
SECTION 36: N1/2NW1/4
TOGETHER WITH ANY AND ALL WATER AND WATER RIGHTS, DITCHES AND DITCH RIGHTS
OF WAY THAT ARE APPURTENANT TO SUBJECT PROPERTY; TITLE TO WHICH IS NOT INCLUDED
IN THE WARRANTIES CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO: -
6 STORAGE PONDS AND 8 SPRINGS RECORDED IN DISTRICT COURT NUMBER 5 FOR LIVESTOCX
WATERING AND DOMESTIC USE.
************ GRANTOR HEREBY RESERVES ALL OIL, GAS AND MINERAL RIGHTS NCW OWNED
APPURTENANT TO SUBJECT PROPERTY
as laowo by street and number as:
TOGhinr8 with all and singular the hesedeammu and appurtenances thereto belonging, or m anywise appertaining, and the reversion and
re:re:aoos. inn tinder and remainders, tam, oavea gad Aman thereof, and, all the orate, right tittle, Mires.. claim and demand whuaoever of the
grantor, either in law or equity, of, in, and to the above basganed uremiaca, with the heredinmean and appurtenance.
TO HAVE AND TO HOLD dm said premises above bargained and described, with the appmemaacea, unto the grantee, his heirs and anises
forever. And the grantor. for himself, his heirs and personal representative', dog covenant grant bargain, and agree to and with the grantee, his heirs and
anigna, that at the time of the =sealing and delivery of these present, he is well used of the premises above conveyed has good sure, perfect, absolute
and indefeasible rode of inheritance, in haw, in fee simple, and has good right Mi power and lawful authority to grant bargan, set and convey the same
in mama and fora a afarnaid. ed that the same are free and clear from all former and other gran, bargains, sato, lima, tarn, assranncnes
encumbrances and restrietions of whaever Ural or nature soever, emem general taxes and assessments for the year
1999 and subsequent years, U. S. Patent reservations, and any and all_ prior
mineral reservations.
The grantor shall and will WARRANT AND FOREVER DEYtND the abov-bargained premises as or quiet and peaceable poaeaioo of the grantee,
bio heirs and miens, against ail and every person or persons Lwihlly claiming the whole or any pan thereof. The singular number shall include the plural
the plural rise singular, and the use of any gender shall be appboble to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed w the date set forth above.
PAULINE TOLINI
O'�L.vll�
STATE OF COLORADO
County of 4 IA./LK.A-,
The foregoing inoirumere was acknowledged before me this
by PAULINE TOLINI
My commission expires 3 1iv 1„200 1
C.tmoonwealth File No. 9904090
A / /
`ay of MAY 19 99
Witness my bund and official seal.
sS - 40€4teGlLvl
Notary Public
EXHIBIT 2
DECREE OF WATER RIGHTS
TOLINI SPRING NO. 8
DISTRICT COURT, WATER DIVISION NO.
Application No. 86CW184
RULING OF REFEREE
5, COLORADO
1234
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF PETER E. TOLINI AND
PAULINE TOLINI, IN THE COLORADO RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED:
TIMBER GULCH, IN GARFIELD COUNTY
The above entitled Application was filed on July 10, 1986, and was
referred to the undersigned as Water Referee for Water Division No. 5, State
of Colorado, by the Water Judge of said Court on the 12th day of August, 1986,
in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973,
known as The Water Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the Application are
true and having become fully advised with respect to the subject matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter, to -wit:
1. The statements in the Application are true.
2. The name of the structure is Tolini Spring No. 8.
3. The names of the Claimants and address: Peter E. Tolini and Pauline
Tolini; 2359 250 Road; Silt, Colorado 81652.
4. The source of the water is a spring tributary to Timber Gulch,
tributary to East Divide Creek, tributary to Divide Creek, tributary to the
Colorado River.
5. The point of diversion is in the NW1/4NW1/4 of Section 36, T. 7 S.,
R. 91 W. of the 6th P.M. at a point 282 feet South of the North line and 762
feet East of the West line of said Section 36.
6. The use of the water is domestic and stock watering and to fill
Tolini Pond No. 6 as decreed in 86CW185.
7. The date of initiation of Appropriation is May 29, 1944.
8. The amount of water claimed is 0.027 cubic foot of water per second
of time, absolute.
9. On November 19, 1986, the Water Referee and the Water Commissioner
made an on-site investigation of said spring.
(XI)
Tolini 86CW184
Ruling of Referee
Page 2
The Referee does therefore conclude that the above entitled Ap
should be granted and that 0.027 cubic foot of water per second of t
hereby awarded to Tolini Spring No. 8, for domestic and stock waterin
DEC1986
1. c ruj
•i' -
Z• ,•\-•::;,,
is
fill Tolini Pond No. 6, with Appropriation date of the 29th day of May, T944,
absolutely and unconditionally; subject, however, to all earlier priority
rights of others and to the integration and tabulation by the Division
Engineer of such priorities and changes of rights in accordance with law.
It is accordingly ORDERED that this Ruling shall be filed with the Water
Clerk subject to Judicial review.
It is further ORDERED that a copy of this Ruling shall be filed with
appropriate Division Engineer and the State Engineer.
Dated ��,,l,�, / 96 6
BY THE REFEREE:
Water fie eree
Water Division No. 5
State of Colorado
Copy of the foregoing,nailed certified to
all Counsel of record, Water Referee; Div. Engineer;-
Stai.e Engineer; Date
De puty/Clerk, Water Div. No. 5
No protest was filed in this matter. The foregoing Ruling is
and approved, and is made the Judgment and Decree of this Court.
Dated Z )L'C-00 `'`'i2 �' 114
Copy of the fregoing mailed to all
Counsel of record, Water Referee, Div. Engineer,
State Engineer, Date
fade .1-1-7/>/./-
De put ClerkWater Div. No. 5
the
confirmed
Water
EXHIBIT 3
NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT
111111111111111111111111111111111111111 III 1111111111111
548618 07/12/1999 11:55A 81139 P609 M ALSDORF
1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO
GRANT OF NON-EXCLUSIVE EASEMENT
For and in consideration of the sum of Ten Dollars ($10.00), and other good and
valuable consideration, the receipt of which is hereby acknowledged, to be paid as
hereinafter provided, the undersigned, Chris Leverich, herein called "Grantor", hereby
grants, bargains, sells, conveys and warrants to Donald L. Van Hoose and Matthew L.
Van Hoose, whose address is 1741 County Road 241, New Castle, Colorado 81647, their
heirs, successors and assigns, herein called "Grantees" the right, privilege and easement
appurtenant to any and all of that real property in Garfield County, Colorado described as:
Township 7 South, Range 91 West of the 6th P.M.
Section 25: S1/2SW1/4
for the purpose of constructing, reconstructing, installing aintaining, repairing, and using
a roadway for ingress and egress for all purposes, a r any and all utilities, extending to
said real property from Garfield County Road No. `3 1 which easement shall be thirty (30)
feet in width extending fifteen (15) feet on either side of the centerline of aroadway
constructed in, over, under, across and through the southerly fifty (50) feet of the Grantor's
real property in Garfield County, Colorado described as:
Township 7 South, Range 91 West of the 6th P.M.,
Section 25: That part of the N1/2S1/2 extending West from the West Line of Garfield
County Road No. 331 to a point thirty feet West of the Northeast corner of the
SE1/4SW1/4 Section 25 Township 7 South, Range 91 West of the 6th P.M.
The terms and conditions of the Easement shall be as follows:
1. The easement shall be non-exclusive.
2. The width of the easement shall be thirty feet.
3. Grantor reserves the right to use the premises in any manner that will not interfere
with the rights of the Grantees hereunder.
4. Grantees shall have the right from time to time to cut all trees, shrubs, undergrowth
and remove other obstructions that may interfere with, injure, or endanger the
exercise by Grantees of the easement herein granted.
5. The rights herein granted shall run with Grantees' real property, and any part
thereof, and the terms and conditions hereof shall be binding upon the heirs,
personal representatives and assigns of the parties hereto.
1111111111111111111111111111111111111111111111111111111
548618 07/12/1999 11:55A 81139 P610 M ALSDORF
2 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO
It is mutually agreed and understood that this Grant of Easement as written covers all
agreements and stipulations between the parties, and no other representations, oral or
written, have been made modifying, adding to, or changing the terms hereof.
Executed July 2 ~ d1999
Grantor:
p
Chris Leverich Matthew L. Van Hoose
oThru0AU
Donald L. Van Hoose
STATE OF COLORADO
COUNTY OF 1 i KtO
) ss
The foregoing instrument was acknowledged before me this 20/0 day of
by Chris Leverich.
Witness my hand and official seal.
My Commission Expires: 5//lib 003
STATE OF COLORADO
) ss
COUNTY OF PITKkrJ
Commission Expires 5/19/2003
Notary Public
The foregoing instrument was acknowledged before me this 2,40 day of Ju cy-
by Matthew L. Van Hoose and Donald L. Van Hoose.
Witness my hand and official seal.
My Commission Expires: S /19 /2°°3
,1999,
THOMAS S.
- t
F
My Ccmmrs6io11Expires 5/19/2003
Notary Public
EXHIBIT 4
DEED OF PREDECESSORS IN TITLE
=a'
RecordedsN..-/.�I.- .... t:•ort • _Ratwrdsr.
Reception No 1�.... 1_�� - A^ • •.:<.�-..-.-_..-... sr.
mBPPMad 29th clod,
y oSente't:e:,
In t
e
ywaed ninebudedand fort; -eight, , between .
GEORGE SLAUGHENHOUPT (otherwise known ns GE RG:j:.AUGHE .ECTT) nr ' o and state or
of
3LAUG:ii%NHUUPT, County of Me fin
or the
Colorado, of the first part, and
PETER EDWARD TQ IN I and FAL':.I::c. TO:.i::I,
County of Garflela
and State of
of the
Colorado, of the mond part:
id parti e sof the first part, for and to consideration of the sum of DOLLARS
WIToll r (31.00) vsluatle consider^*.lona,
One Dollar $1 •enc other
to the said pard e Sof the first part in hand paid by the mild parties of the second part, the receipt ere f is K ebyy
conics, ed nod acknnwiedi•ed, ha ve granted, bargained, sold and conveyed, and by tbeo presents
bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint
tenancy, the survivor of them, their assigns and the heirs and aesigns of such survivor fore," r. all the followingunty
described lot 8 or parcel 8 of land, situate, lying and being in the
Ga rf 1 eld and State of Colorado. to -wit:
The South Half of the Southwest Quarter (SiS":),
Twenty-five (25), and the North Half of the Northwest
of Section Thirty-six (36), Township Seven (7) South,
one (91) West of the Sixth (6th) Princi'nl .erldi:+r.,
acres., together with any and all improvements eitunte
" •
TOGETHER with all and singular the hereditaments and apparten•r+ •s thereunto belonging, or in anytri_e
ming, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
.11 theof the first part, either to
all the estate, right, title, interest. claim and demand whatsoever of the said pard [' a law or equity, of, in and to the above bargained premises, with the ho, editaments and app'i' ana�e
-tenancis unto the
TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances,
said parties of the second part, the survivor of them, their assigns, and the heirs and assigns ard rheirs,assn is of and a h uri Ivor, for-
ever. And the said ;wile 0 of the first part, for t'nei'Del t• t' ' . -. e -
do covenant, grant, bargain and agree to and with the Bald parties of the see. nd part• the survivor of them,
their assigns and the heirs and assigns of such survivor, that at the time of the er•enh and delivery ai Iof `hese
presents, t ne,; are well seized of the premises above conveyed, its of goo.i, n.i•. i.wr .1 _.1.. ..t,. '.•gal. ,,.w-
pb's estate of inheritance, in law, in fee simple. and haV a good right, full p""•- n:: i former
gain, sell and convey the same in manner and formeafoTM G ; andd that
the e same
of whatever Preand n k clear
eaor nature fo,
and other graeta, bar¢airu, aales, liens taxes, ., c ant: . -,r.-n n rt •' for _ p
except Rer.erE, axes levied nnd ower se.: ^t t rated between -,nr 1
4E �a able in 19h whist Q;all^-e. Iwo _r .t. ^�
t -e year t9 a tt .,n^.. •;a. ^!' ,.s .
tied hereto aq of 0e tote, lstt.,,ea4�y;,te Vis' ` c^ a^, ha'�^`:
}ax S AZil g�rltgleA e g l 7
in�f3e above b►rgam treses the gtifet and peaeeah a Po,ierstiun of the Mi, pariirs'nf' lfr srrnn.f puTt.:itc
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or person
lawfully claiming or to claim the whole or any part thereof, the said part . c of the tint part shall end will
WARRANT AND FOREVER DEFEND. - I
IN WITNESS WHEREOF the said partlPA of the 5nt par: have hrn•unt•, •.
'sale the day and year first above written.
Signed, Sealed and Delivered in the Presence of ' - .
..............[SEAL:. L C.q.•td•r........._Lr2u/ .:r s. .
: ..L
of Section
v.•anrter (":breist)
R^nFe i:inety-
^ontni.^.tZg 160
therew,on.
.... _..... l SEAL I
STATE OF COLORADO,
Oouuti of Garfield. t,. day
The seresoing instrument was acknowledged before toe this
day of :•a...• ; t••.
(at` el•M.t^.t ..•1•'!`.. ;t;t
,. 46 , byGEORGt: S 4 UGHLNNOUPr
3rd , .19 50. . Minim my hand and official seal.
•
Ptaei���`
tresSep t.
N.+.r, rebate
D®.—T. Jia T. . Tar ar . wd-I tlw Ns tin. life R.0i .''• Iwai Mon%• 1•m.w
Ne. 121. a natural
.. h•r. Insert name or n•m.e. 1( ter 1601100. suns la preerolau.• '• ••fn.•t.' •e,,•••,11 or ea
•If�- n' t . p• eon n me of p.r•.,n ...r„t.,, att,.,n•. [n•f•.t•r 0...r .0„.0.11, .1,'..,,1•'.• l••'n ,. If1.tnm tt A,..,r., .,.
altnrn.7-Inen�t, teen Invert .'
.,ua then Invert NM. of such o[nt.r ur off', era. u far 1•rr.t.l.nl •• .Ih•r ,•ftl•.r..•f .,.
• ea nu.•led,re e•f, u...!.• Iso
EXHIBIT 5
VICINITY MAPS AND SKETCH PLAN
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
•1
1111.
•.•...••.••..•..••••.•.d
:i::::••••: . 1111::':•: :'::•: :':•:::••• _ •; •..�. ;•,�•,. �.�•„•�.�•,•,•,•
0"4
V
:::•:•::•:•:•.:.;.:.:.:.:.;:::11:11::�:•:::•:•:•:•:I: :1111 :•:+.:•i • 11 11•.•.•.. �i
1•.
A
CROWN
PEAK
•
•
•
'B. M.
x 8004
•
• v
/
Jr. 11 11 . •.• : •!:: •j
1
1
1
!00
1111
•11.11.• ::•:::•::••:w:
099
APPROVX0
V
COVIRT A0R
Bdy.
2399
T.7S. - R.91W.
• +
Found Stone Replaced
with 3" Aluminum Cap
and No. 6 Rebar
1/4
Sec. 26 Sec. 25
00ItD
N)
W
0'
NI
N
Ni
0OI
16
o,
Sec. 26r Sec. 25
00
r0
N
0)
00
M
M
00
N
N
0
Sec. 26
1324.69'
S 89'25'00" E 2649.38' W 1/16
Sec. 25
Found No. 5 Rebar & Cap
Solar County P.L.S 14111
Assumed Basis of Bearing
S 89'31'26" E 2641.56'
Found No. 5 Rebar
Replaced with 3"
Aluminum Cap
and No. 6 Rebar
LAY 3
Z " y z s
ire o rz
N 00'07'30"
1324.69'
915.19'
LOT 2
14.00 Acres
More or Less
915.08'
C 1/4
-Sec. 25
1/16
Sec. ' 25
Sec. 25
1/4
Sec. 351 Sec. 36
0)
0
to -
rn
Lri
0
M
00
M
�D
0
O
0
z
1/16
Sec. 35/ Sec. 36
2
0
N
(1)
O
w)
--�J
1/4
Sec. 35 Sec. 36
Approximate Centerline
of Existing Road
i
I20
1 '7
LOT 1
'H1 Acres
More or Less
NW 1/16
O
Sec. 36
S 89'04'57" E 2643.02'
h
Sec. 25
-Sec. 36 1
Found No. 5 Rebar & Cap
Solar County P.L.S 14111
S 75'15'31" W 3.54'
v7
LEGEND
Q = Set No. 6 Rebar with 3" Aluminum Cap "P.L.S. 24943"
o = Set No. 5 Rebar and Cap "Monument P.L.S. 24943"
(i) = Found No. 6 Rebar and Aluminum Cap "Solar County P.L.S 14111"
• = Found No. 5 Reber & Cap "Solar County P.L.S. 1411 1" as noted
4 = Found Stone
Found No. 5 Rebar
S 84'00'50." W 1.18'
00'16'51" E
V)
iCN 1/16
Sec. 36
Found No. 5 Rebar.
Replaced with 3"
Aluminum Cap
and No. 6 Rebar.
0'
LINE TABLE for CENTERLINE EXISTING ROAD
L1
S 01'02'51"
W
147.27'
L2
S 15'5132"
W
180.04'
L3
S 11'0600
E
169.35'
L4
S 05'14'56
E
109.46'
L5
S 12'2020"
W
111.17'
L6
S 05'33'53"
W
131.82'
L7
S 22'13'36"
W
90.02'
L8
S 33'57'14"
W
95.03'
L9
S 24'49'47"
W
256.66'
L10
5 08'06'19"
W
254.03'
L11
S 33'13'58"
W
163.63'
L12
S 18'2356"
W
105.56'
L13
5 29'53'37"
W
69.27'
L14
S 11'1422"
W
70.01'
L15
S 24'52'36"
W
132.99'
L15
S 24'52'36"
W
148.45'
L16
5 06'50'43"
W
124.81'
L17
S 17'50'25"
W
34.79'
L18
S 44'16'34"
W
257.53'
L19
S 59'59 1 1 "
W
279.70'
L20
S 73'24'00"
W
81.68'
1.21
S 86'26'27"
W
69.46'
L22
1 S 80°34'39"
W
145.60'
200'
400'
Scale 1"=200'
EXHIBIT 6
SCHEDULE OF ADJACENT LAND OWNERS
AND MINERAL OWNERS
OWNERS OF RECORD OF LAND WITHIN 200 FEET
OF APPLICANTS' LAND
Chris Leverich
434 E. Cooper Street, Suite 202
Aspen, CO 81611-1859
Delane Hutcheon, Rebecca Hutcheon,
and Everett C. Peck and Hanna C. Peck
13475 Fort Street
Draper, UT 84020-9535
Michael P. Morgan and
Sonja R. Morgan
1107 County Road 294
Rifle, CO 81650-9321
United States Bureau of Land Management
P.O. Box 1009
Glenwood Springs, CO 81602
G. William Letson and
and Shirley Ann Letson
2610 Fairfax
Denver, CO 80207
Elbert Dean Smith and
Yvonne E.M. Smith
1160 E. 6720 S.
Salt Lake City, UT 84121-27
MINERAL OWNERS AND LESSEES OF RECORD OF EXEMPTED PARCELS
Pauline Tolini
c/o Gene Tolini
242 Larkspur Dr.
Castle Rock, CO 80104
1
1
1
1
1
1
I
EXHIBIT 7
SOIL TYPES AND CHARACTERISTICS
1 FROM USDA SOIL AND CONSERVATION SERVICE
5144.)t( r
jY
15
h
0
ith
t_
is
�i-
3
�5
v -
,d
d_
,e
is
of
�a
e
e
0
1
RIFLE AREA, COLORADO
1 to 6 percent. The Morval soils are in higher lying areas
and have slopes of 3 to 12 percent. These areas make
up 10 to 15 percent of the map unit.
Permeability is moderately rapid, and available water
capacity is moderate. Effective rooting depth is 60
inches or more. Surface runoff is slow, and the erosion
hazard is moderate.
This soil is used mainly for wildlife habitat, limited
grazing, and some irrigated hay and pasture.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, (orbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Mule deer, cottontail rabbit, squirrel, and wild turkey
find habitat on this soil.
Community development is limited by the large stones.
This soil is in capability subclass IVe, nonirrigated.
14—Chilton channery loam, 6 to 12 percent slopes.
This deep, well drained, rolling soil is on alluvial fans and
sides of valleys. Elevation ranges from 5,000 to 6,500
feet. This soil formed in alluvium derived from red -bed
shale and sandstone. The average annual precipitation is
about 14 inches, the average annual air temperature is
about 46 degrees F, and the average frost -free period is
about 120 days.
Typically, the surface layer is reddish brown channery
loam about 13 inches thick. The substratum is reddish
brown, light brown, and pink very channery sandy loam
and very cobbly sandy loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Begay and Morval soils. The Begay soils have slopes of
6 to 12 percent. The Morval soils are in higher lying
areas and have slopes of 3 to 12 percent. These areas
make up 10 to 15 percent of the map unit.
Permeability is moderately rapid, and available water
capacity is moderate. Effective rooting depth is 60
inches or more. Surface runoff is slow, and the erosion
hazard is moderate.
This soil is used mainly for wildlife habitat and grazing.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forts and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor- condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
15
seeding. Preparing a seedbed and drilling the seed are
good practices.
Mule deer, cottontail rabbit, squirrel, and wild turkey
find habitat on this soil.
Community development is limited by slope and Targe
stones.
This soil is in capability subclass Vle, nonirrigated.
15—Chilton channery loam, 12 to 25 percent
slopes. This deep, well drained, moderately steep to hilly
soil is on alluvial fans and sides of valleys. Elevation
ranges from 5,000 to 6,500 feet. This soil formed in
alluvium derived from red -bed shale and sandstone. The
average annual precipitation is about 14 inches, the
average annual air temperature is about 46 degrees F,
and the average frost -free period is about 120 days.
Typically, the surface layer is reddish brown channery
loam about 13 inches thick. The substratum is reddish
brown, light brown, and pink very channery sandy loam
and very cobbly sandy loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Begay and Morval soils that have slopes of less than 12
percent. These areas make up 10 to 15 percent of the
map unit.
Permeability is moderately rapid, and available water
capacity is moderate. Effective rooting depth is 60
inches or more. Surface runoff is medium, and the ero-
sion hazard is severe.
This soil is used mainly for wildlife habitat and grazing.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition in the less sloping areas.
Crested wheatgrass, western wheatgrass, and Russian
wildrye are suitable for seeding. Preparing a seedbed
and drilling the seed are good practices.
Mule deer, cottontail rabbit, squirrel, and wild turkey
find habitat on this soil.
Community development is limited by steep slopes
and large stones. Cut slopes should be revegetated im-
mediately to reduce erosion and prevent gullying.
This soil is in capability subclass Vle, nonirrigated.
16—Cimarron loam, 2 to 12 percent slopes. This
deep, well drained, nearly level to undulating soil is in.
narrow mountain valleys and drainageways. Elevation
ranges from 7,500 to 9,000 feet. This soil formed in
alluvium derived from basalt. The average annual precipi-
tation is about 18 inches, the average annual air tem-
perature is 39 degrees F, and the frost -free period is less
than 75 days.
Typically, the surface layer is dark grayish brown loam
about 4 inches thick. The subsoil is grayish brown silty
16
clay loam and silty clay about 29 inches thick. The sub-
stratum is dark gray silty clay to a depth of 60 inches.
Included with this soil in mapping are small areas of
Cochetopa and Jerry soils on small hilly undulations
within the drainageways. Slopes are more than 12 per-
cent. These areas make up 5 to 10 percent of the map
unit.
Permeability is slow, and available water capacity is
high. Effective rooting depth is about 60 inches or more.
Primary roots that reach below a depth of 16 inches
follow cracks in the soil. Surface runoff is medium, and
the erosion hazard is moderate.
This soil is used mainly for limited grazing and wildlife
habitat.
The native vegetation on this soil is mainly Idaho
fescue, bromes, wheatgrasses, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Reducing
brush improves the range. Properly managing grazing
maintains and improves range condition. Seeding im-
proves range in poor condition. Preparing a seedbed and
drilling the seed are good practices. Mountain or smooth
brome, intermediate wheatgrass, and pubescent wheat -
grass are suitable for seeding.
Elk, deer, black bear, and grouse find habitat on this
soil.
Use of this soil for community development, for sani-
tary facilities, and as a source of construction material is
limited by the high clay content, which causes a high
shrink -swell potential, slow permeability, and low
strength. Special designs for foundations and septic tank
absorption fields overcome these problems.
This soil is in capability subclass Vle, nonirrigated.
17—Cochetopa loam, 9 to 50 percent slopes. This
deep, well drained, rolling to steep soil is on mountain-
sides and alluvial fans. Elevation ranges from 7,000 to
9,500 feet. This soil formed in basaltic alluvium. The
average annual precipitation is about 20 inches, the
average annual air temperature is about 38 degrees F,
and the average frost -free period is less than 75 days.
Typically, the surface layer is dark grayish brown loam
about 21 inches thick. In some areas an organic layer as
much as 4 inches thick is on the surface. The subsoil is
brown stony clay loam and stony clay about 24 inches
thick. The substratum is pinkish gray stony clay to a
depth of 60 inches.
Included with this soil in mapping are small areas of
Jerry and Lamphier soils. The Jerry soils are stony on
the surface and make up 10 to 15 percent of the unit.
The Lamphier soil is stone -free and has a cover of
aspen.
Permeability is slow, and available water capacity is
high. Effective rooting depth is 60 inches or more. Sur-
face runoff is slow, and the erosion hazard is severe.
SOIL SURVEY
This soil is used mainly for limited grazing and wildlife
habitat.
The native vegetation on this soil is mainly Gambel
oak, bromes, and elk sedge.
When the range condition deteriorates, forbs and
shrubs increase. When the range is in poor condition,
Kentucky bluegrass, undesirable weeds, and annual
plants are numerous. Properly managing grazing main-
tains and improves range condition.
Elk, mule deer, blue grouse, and snowshoe hare find
habitat on this soil.
Community development is limited by the shrink -swell
potential caused by high clay content, low strength, and
steep slopes. Building foundations, roads, and sanitary
facilities can be designed to overcome these limitations.
Keeping cuts to a minimum and placing them carefully
help to lessen soil slumping. Drainage and structures to
control runoff from snowmelt help to avoid deep satura-
tion of the soil around construction sites and roads.
This soil is in capability subclass Vile, nonirrigated.
18—Cochetopa-Jerry complex, 12 to 25 percent
slopes. These moderately steep tohilly._sails.. are._.oa
..........
mountainsides. Elevation ranges from 7,000 to 9,500
feet. The soils formed in_ alluvium derived from sand-
stone, shale, and basalt. The average annual precipita-
tion is about 20 inches, the average annual air tempera-
ture is about 40 degrees F, and the frost -free period is
less than 75 days.
The Cochetopa soil makes up about 50 percent of the
map unit, and the Jerry soil makes up about 40 percent.
The Cochetopa soil_isdeepi4�rzdcetl. drained.__Typical-
ly, the surface layer is dark grayish brown loam about 21
inches thick. The subsoil is brown stony clay and clay
loam about 24 inches thick. The substratum is pinkish
gray stony clay to a depth of 60 inches.
Permeability of the Cochetopa soil is slow, and availa-
ble water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is slow, and the erosion
hazard is moderate.
The Jerry soil is deep and well drained. Typically, the
surface layer is dark grayish brown stony loam about 3
inches thick. The subsoil is yellowish brown and light
brown cobbly clay loam about 37 inches thick. The sub-
stratum is light brown cobbly clay to a depth of 60
inches.
Permeability of the Jerry soil..ls__slow, and available
water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is slow, and the erosion
hazard is moderate.
Included with these soils in mapping are small areas of
Lamphier, Buckton, and lnchau soils that have slopes of
more than 25 percent. These areas make up about 10
percent of the map unit.
This complex is used mainly for grazing and wildlife
habitat.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
26 SOIL SURVEY
Surface runoff is slow, and the erosion hazard is moder-
ate.
This soil is used mainly for crops, hay, and pasture.
Alfalfa, small grains, and grass or grass -legume mixtures
are grown.
This soil is irrigated by flooding or furrows. Sprinklers
are also suitable. Drop structures in ditches control water
and prevent excessive ditch erosion.
The native vegetation on this soil is mainly wheat -
grasses, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Cottontail rabbit, ground squirrel, and pheasant find
habitat on this soil.
Use of this soil for community development and as a
source of construction material is limited by low strength.
This soil is in capability subclasses Ille, irrigated, and
IVc, nonirrigated.
41—Kim loam, 6 to 12 percent slopes. This deep,
well drained, moderately sloping to rolling soil is on allu-
vial fans and benches. Elevation ranges from 5,000 to
6,000 feet. This soil formed in alluvium derived from
shale and sandstone. The average annual precipitation is
about 12 inches, the average annual air temperature is
about 48 degrees F, and the average frost -free period is
about 125 days.
Typically, the surface layer is yellowish brown or light
yellowish brown loam about 17 inches thick. The under-
lying material is light brownish gray loam to a depth of
60 inches. In places the underlying material is stratified
with fine sandy loam.
Included with this soil in mapping are small areas of
Arvada and Potts soils that have slopes of 6 to 12
percent. These areas make up 5 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is slow, and the erosion hazard is moder-
ate.
This soil is used mainly for crops, hay, and pasture.
Alfalfa, small grains, and grass or grass -legume mixtures
are grown.
This soil is irrigated by flooding and furrows. Sprinklers
are also suitable. Drop structures in irrigation ditches
control water and prevent excessive ditch erosion. Keep-
ing the soil in hay or pasture at least three-fourths of the
time helps to control erosion.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Cottontail rabbit, ground squirrel, and pheasant find
habitat on this soil.
Use of this soil for community development and as a
source of construction material is limited by low strength
and steep slopes.
This soil is in capability subclasses IVe, irrigated, and
Vle, nonirrigated.
( 442—Lamphier loam, 15 to 50 percent slopes. This
//deep, well drained, .steepsoil is on fans and mountain-
sides.
_....__
Elevation ranges from 7,500 to 10,000 feet. This
-soTformed in residuum from sandstone and shale. The
average annual precipitation is about 21 inches, the
average annual air temperature is about 40 degrees F,
and the frost -free period is less than 75 days.
Typically, the surface layer is dark brown loam about
30 inches thick. The underlying material is reddish brown
and dark reddish brown loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Almy soils and Rock outcrop. The Almy soils are at
lower elevations. These areas make up 5 to 10 percent
of the map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is slow, and the erosion hazard is slight.
This soil is used mainly for grazing, wildlife habitat, and
recreation.
The native vegetation is aspen and an understory of
bromes, elk sedge, wildrye, wheatgrass, peavine, colum-
bine, snowberry, serviceberry, and chokecherry.
When the understory vegetation deteriorates, forbs,
shrubs, and Kentucky bluegrass increase. Properly man-
aging grazing maintains and improves the understory
vegetation.
This soil is suited to production of quaking aspen. It
can produce 4,050 cubic feet of wood per acre or 6,800
board feet of timber from a fully stocked, even -aged
stand of 80 -year-old trees. At the present there is no
commercial harvest of the aspen. Steep slopes affect
harvesting, and special attention is needed to reduce soil
loss during harvest.
Mule deer, elk, blue grouse, and snowshoe rabbit find
habitat on this soil.
Septic tank filter fields, c_ mmunit _develop t -,-and -
roads are limited .by- -steep-°slopes: Surface runoff from
snowmelt increases the erosion hazard on cuts and fills.
Seeding reduces the erosion hazard. Roads can be de-
RIFLE AREA, COLORADO
signed to provide surface drainage outlets for large
amounts of snowmelt.
This soil is in capability subclass Vile, nonirrigated.
43—Limon silty clay loam, 3 to 12 percent slopes.
This deep, well drained, gently sloping to strongly sloping
soil is on alluvial fans and sides of valleys. Elevation
ranges from 5,000 to 6,500 feet. This soil formed in fine
textured, calcareous sediment derived from shale. The
average annual precipitation is about 14 inches, the
average annual air temperature is about 48 degrees F,
and the average frost -free period is about 125 days.
Typically, the surface layer is light brownish gray silty
clay loam about 11 inches thick. The underlying material
is light brownish gray and light gray silty clay loam to a
depth of 60 inches.
Included with this soil in mapping are small areas of
Arvada and Heldt soils that have slopes of 3 to 12
percent. These soils make up 10 to 15 percent of the
map unit.
Permeability is slow, and available water capacity is
moderate. Effective rooting depth is 60 inches or more.
Surface runoff is medium, and the erosion hazard is
moderate.
This soil is used mainly for grazing, wildlife habitat, and
some irrigated hay and pasture.
This soil is usually irrigated by flooding. This soil takes
in water slowly. Length of run and slope should be care-
fully determined. This soil compacts easily when wet.
Green manure crops and tillage help to maintain tilth.
The native vegetation on this soil is mainly wheat -
grass, sagebrush, and rabbitbrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Western wheatgrass,
streambank wheatgrass, and crested wheatgrass are
suitable for seeding. Preparing a seedbed and drilling the
seed are good practices.
Cottontail rabbit, pheasant, and squirrel find habitat on
this soil.
Use of this soil for community development, for sani-
tary facilities, and as a source of construction material is
limited by the high clay content, shrink -swell potential,
and low strength. Dwellings and roads can be designed
to reduce these limitations.
This soil is in capability subclasses IVs, irrigated, and
Vle, nonirrigated.
44—Morval loam, 3 to 12 percent slopes. This deep,
well drained, gently sloping to rolling soil is on mesas
and sides of valleys. Elevation ranges from 6,500 to
8,000 feet. This soil formed in reworked alluvium derived
from basalt and sandstone. The average annual precipi-
tation is about 15 inches, the average annual air tem -
27
perature is about 44 degrees F, and the average frost -
free period is about 100 days.
Typically, the surface layer is brown loam about 5
inches thick. The upper part of the subsoil is brown or
light brown clay loam about 12 inches thick, and the
lower part is light brown stony clay loam about 10 inches
thick. The substratum is pink stony loam.
Included with this soil in mapping are small areas of
Villa Grove, Zoltay, and Tridell soils. Villa Grove and
Zoltay soils are on the steeper parts of the landscape.
Tridell soils have accumulations of calcium carbonate.
These areas make up about 15 percent of the map unit.
Permeability is moderate, and available water capacity
is moderate. Effective rooting depth is 60 inches. Sur-
face runoff is slow, and the erosion hazard is slight.
This soil is used mainly for grazing. A small acreage is
used for hay and pasture (fig. 8). Irrigated areas are used
for alfalfa, grass -legume mixtures, and oats or barley.
Flooding, furrows, and sprinklers are suitable for irri-
gating this soil. Flooding is well suited to alfalfa, pasture,
hay, and small grains. Sprinklers minimize soil loss.
The native vegetation on this soil is mainly need-
leandthread, wheatgrass, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Pubescent wheatgrass,
western wheatgrass, and big bluegrass are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Cottontail rabbit, mule deer, and grouse find habitat on
this soil.
Community development and recreation are limited by
shrink -swell potential, frost action, and low strength.
This soil is in capability subclass IVe, irrigated and
nonirrigated.
ikt
45—Morval-Tridell complex, 6 to 25 percent
slopes. These moderately sloping to hilly soils are on
alluvial fans and sides of mesas. Elevation ranges from
6,500 to 8,000 feet. The soils formed in reworked allu-
vium derived from basalt and sandstone. The average
annual precipitation is about 15 inches, the average
annual air temperature is about 44 degrees F, and the
average frost -free period is about 100 days.
The Morval soil makes up about 55 percent of the unit,
and the Tridell soil makes up about 30 percent. The
Morval soil is on the less sloping parts of the landscape,
and the Tridell soil is on the sides of mesas.
The Morval soil is deep and well drained. Typically, the
surface layer is brown loam about 5 inches thick. The
upper part of the subsoil is brown and light brown clay
loam and stony clay loam about 12 inches thick, and the
lower part is light brown stony clay loam about 10 inches
thick. The substratum is pink stony loam.
EXHIBIT 8
LETTER TO BURNING MOUNTAINS
FIRE PROTECTION DISTRICT
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
THOMAS W. STUVER TELEPHONE 970 - 625-1887
RUSSELL GEORGE
MELODY D. MASSIH
DANIEL D. LEMOINE
August 27, 1999
BURNING MOUNTAINS FIRE PROTECTION DISTRICT
P. O. Box 236
Silt, CO 81652
RE: VAN HOOSE TIMBER GULCH SUBDIVISION EXEMPTION REQUEST
FAX 970 - 625-4448
Enclosed is a copy of a proposed Petition for Exemption, with accompanying sketch map
and vicinity map. Would you please provide your written statement concerning availability
of fire protection services and any safety concerns to the undersigned and to the Garfield
County Planning Department at your earliest convenience.
Thank you for your anticipated cooperation. Should you require any additional information,
please do not hesitate to contact my office.
Very truly yours,
STUVER & GEORGE, P.C.
omas W. Stuver
TWS/bjw
Enclosures
EXHIBIT 9
PROPOSED DECLARATION OF
PROTECTIVE COVENANTS
(PROPOSED)
DECLARATION OF PROTECTIVE COVENANTS
VAN HOOSE TIMBER GULCH SUBDIVISION EXEMPTION
Garfield County, Colorado
THIS DECLARATION OF COVENANTS is made and entered into by
DONALD L. VAN HOOSE and MATTHEW L. VAN HOOSE on the day and year
hereinafter set forth.
WITNESSETH:
The undersigned, owners in fee of that real property described as Parcel 1 and
Parcel 2, Van Hoose Timber Gulch Subdivision Exemption, Garfield County, Colorado,
desire to subject and to place upon said real property certain covenants, conditions and
restrictions set forth herein, for the purpose of protecting the value and desirability of said
property, for purpose of furthering the development of the property and in order to comply
with conditions of approval of Garfield County for the Van Hoose Timber Gulch
Subdivision Exemption.
NOW, THEREFORE, THE UNDERSIGNED hereby declare that Parcel 1
and Parcel 2, Van Hoose Timber Gulch Subdivision Exemption, shall be held, sold and
conveyed subject to the following covenants and conditions:
ARTICLE 1
Pets
Not more than two dogs of any age or breed shall be kept upon a lot at any
time. When outside, all dogs and other pets shall be leashed or restrained within an
enclosure. In the event this covenant is violated, the owner in the lot not in violation may
take such action as is reasonably necessary to correct the violation, including injunctive relief
for the removal of any pets creating a violation of this covenant. ;>‘Ja a ° AA_
C®c-44..'
ARTICLE 2
Fireplaces
No open hearth, solid -fuel fireplaces will be allowed on either of the lots. One
(1) new solid -fuel burning stove, as defined by C.R.S. 25-7-401, et seq., and regulations
promulgated thereunder, shall be permitted in a dwelling unit. Dwelling units shall be
permitted an unrestricted number of natural gas or propane burning stoves and appliances.
PROPOSED DECLARATION OF PROTECTIVE COVENANTS
VAN HOOSE TIMBER GULCH SUBDIVISION EXEMPTION
Page 2 of 3
ARTICLE 3
Lighting
All exterior lighting on either lot shall be the minimum reasonably necessary
for the safe use of the premises, and to the extent possible, all exterior lighting shall be
directed toward the interior of the respective lots, except when absolutely necessary to
provide for safety lighting on the premises.
ARTICLE 4
Water and Landscaping Restrictions
(If any, to be determined)
ARTICLE 5
Enforcement
Any aggrieved owner of a lot within the Van Hoose Timber Gulch Subdivision
Exemption shall have the right to enforce any of the provisions, covenants, conditions and
restrictions contained in this declaration against the owner of the other lot. The right of
enforcement shall include the right to bring an action for damages, as well as an action to
enjoin any violation of any provision of this Declaration. Each remedy provided under this
Declaration is cumulative and not exclusive. In any action or proceeding under this
Declaration, the prevailing party shall be entitled to recover its costs and expenses in
connection therewith, including reasonable attorneys fees and expert witness fees.
of Colorado.
ARTICLE 6
Governing Law
This Declaration shall be construed and governed under the laws of the State
ARTICLE 7
Severability
Each of the provisions of this Declaration shall be deemed independent and
severable, and the invalidity or unenforceability or partial invalidity or partial
unenforceability of any provision or portion hereof shall not affect the validity or
enforceability of any other provision.
PROPOSED DECLARATION OF PROTECTIVE COVENANTS
VAN HOOSE TIMBER GULCH SUBDIVISION EXEMPTION
Page 3 of 3
ARTICLE VIII
Term of Declaration
Unless amended, each and every term, covenant, condition and restriction
contained in this Declaration shall run with and bind the land, and shall be effective for a
period of twenty (20) years after the date this Declaration is recorded, and thereafter shall
be automatically extended for successive periods of ten (10) years each, but may, at any
time, be amended or terminated by unanimous vote of the owners of each of the Lots within
the Van Hoose Timber Gulch Subdivision Exemption, with the approval of the Board of
Commissioners of Garfield County, Colorado.
ARTICLE IX
Binding Affect
This Declaration shall be binding upon and inure to the benefit of the
declarants and their successors in interest and ownership of Parcel 1 and Parcel 2,
Van Hoose Timber Gulch Subdivision Exemption, and to any person or entity having any
right, title or interest in either of said Lots, or any part thereof, their heirs, personal
representatives, successors and assigns.
IN WITNESS WHEREOF, the undersigned hereby state and declare that the
foregoing Declaration of Protective Covenants for the Van Hoose Timber Gulch Subdivision
Exemption shall be effective this day of August, 1999.
DATED this day of August, 1999.
Donald L. Van Hoose Matthew L. Van Hoose
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me on this day of August, 1999,
by DONALD L. VAN HOOSE and MATTHEW L. VAN HOOSE.
Witness my hand and official seal.
My commission expires:
Notary Public