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HomeMy WebLinkAbout1.0 General Application MaterialsTable of Contents 1. Application Form 2. Payment Agreement Form 3. Title Report - Lot 6 4. Title Report - Lot 2 5. Adjacent Property Owners 6. Project Narrative Request for Waiver of Submittal Requirements 7. Pre-App Summary 8. Vicinity Map - Lot 2 9. Vicinity Map - Lot 6 10.First Amended Plat - Draft 11.Covenants - Roaring Fork Preserve 12.HOA Approval 4 2 24 25 14 20 29 18 26 5 19 79 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www. arfield-coun .corn TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Major Subdivision I I Sketch Preliminary Final Conservation Subdivision Dl ISIO S OF LA D APPLICATI FO Preliminary Plan Amendment / Final Plat Amendment Common Interest Community Subdivision I I Public/County Road Split Exemption Rural Land Development Exemption Basic Correction Exemption Yield QSketch IIPreliminarvl-iFinal Time Extension INVOLVED PARTIES Owner/Applicant Name: Jonathan C. Whitman Revocable Trust phone: (970 ) 963-3800 Mailing Address: c/o wood Pearce Nelson, LLC 201 Main St., Suite 301 City: Carbondale E-mail: avery@wpn-law.com State: co Zip Code: 81623 Phone: (970 ) 963-3800 Representative (Authorization Required) Name: wood pearce Nelson, LLC (Avery Nelson) Mailing Address: 201 Main, Ste. 301 City: Carbondale State: co zip code: 81623 E-mail: avery@wpn-law.com PROJECT NAME AND LOCATION Project Name: Amended Final Plat, Roaring Fork Preserve (Amend Plat Note 10) Assessor's Parcel Number: Lot6_23933631 9006 _ _ - _ _ - Physical/Street Address: Lot 2 ~ 21 silver SPruce Drive; Lot 6 - 4 Ponderosa Pines Way Legal Description: Lots 2 and 6, Roaring Fork Preserve (Reception No. 603992) Zone District: Rural (R) Property Size (acres): Lot 2 - 5 acres Lot 6 -10 acres Project Description Existing Use: 2 single-family lots in Roaring Fork Preserve; no change in use as part of this application. Proposed Use (From Use Table 3-403): n/a - amended final plat to revise Plat Note 10 (see description) Description of Project: see attached description. Proposed Development Area Land Use Type # of Lots Single Family 2 Duplex Multi-Family Commercial Industrial Open Space Other Total # of Units Acreage Parking REQUEST FOR WAIVERS Submission Requirements B The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: 5-401 (waiver of Improvements Agreement submittal) Section: Section: See Description regarding Waiver Waiver of Standards D The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Sign ure of Property Owner By: Jonathan Whitman, Trustee February 20, 2020 Date OFFICIAL USE ONLY File Number:Fee Paid: $ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTi"') and Property Owner ("APPLICANT") Jonathan C. Whitman Recovable Trust agree as follows: 1. The Applicant has submitted to the County anjpplication for the following Project: Amended Final Plat (5-305) - Roaring Fork Preserve (amend Plat Note-TOy 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4, The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing contact person: Jonathan Whitman pho^: (970,963-3800 Billing contact Address: 201 Main Street, Suite 301 c,ty: Carbondale s^e: CO zip code: 81623 Billing contact Email: avery@wpn-law.com Printed Name of Person Authorized to Sign: Jonathan Whitman, Trustee 2/20/20 ( gnature)(Date) . - I > Land-TWe CUARAMTEE COMPANY WWW.LTGC.COU To: Attn: AVERY NELSON Fax: Date Ordered: 02-20-2020 Order Number 830631 Phone: 970-925-1551 Address: 4 PONDEROSA PINES WAY CARBONDALE. CO 81623 LEGAL DESCRIPTION LOT 6. ROARING FORK PRESERVE. COUNTY OF GARFIELD, STATE OF COLORADO. County: GARFIELD OWNERSHIP & ENCUMBRANCES Certification Date: 02-07-2020 OWNERSHIP: JONATHAN C. WHITMAN REVOCABLE TRUST Doc Type GENERAL WARRANTY DEED Doc Fee $52.50 Date 10-28-2019 Reference 927469 ENCUIWBRANCES AND OTHER DOCURflENTS Item DEED OF TRUST Pa able To MARIE MARSHALL, CO TRUSTEE. JO Amount $525,000.00 Date 10-28-19 Reference 927471 Cust Ref# By: SHANON BLANKENSHIP Land Title Property Resource Specialist Email: sblankenship@ltgc.com Phone: 303-850-4103 Fax: Form OE.WEB 06/06 This ONE REPORT is based on a limited search of the county real property records and is intended for infomiational purposes only. The ONE REPORT does not constitute any form of warranty or guarantee of title or tit insurance, and should not be used by the recipient of the ONE REPORT as the basis for making any legal, investment or business decisions. The recipient of the ONE REPORT should consult legal, tax and other advisors before making any such decisions. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT. Prepared For: LAW OFFICE OF AVERY NELSON GUARANTEE COMPANY WWW. IT CC. COW AVERY NELSON Reference: 4 PONDEROSA PINES WAY CARBONDALE. CO 81623 Attached are the additional documents you requested: Doc Type Recorded Race tion BookPa e SHANON BLANKENSHIP Land Title Property Resource Specialist Email: sblankenship@ltgc.com Phone: 303-850-4103 Fax: ADD.DOCS 830631 927469 10/28/2019 04:10:29 PM Page 1 Of 1 Jean AIberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $52.50 eRecorded Strte Documertsry Fee Oato:OctabBr28,2019 SSStJSD General Warranty Deed (Pursuant to C.R.S. 38-30-113(1 )(a)) 80503. CG^±TLI!^«WI^EANDD^AS:WI'L^^ RELDCRESTLN, LONGMONT, COS "»S'^^LlOT^Of u-N.G"olw-co^-°'.BOUIdel'.a1d stateof ^l°rado7fo7uieoonadB'rBtion'of~(S52SI,OOaoor;:me''^^J"^,^nousand^^T:JlB tosJ"^dPdd-here^^OC^JJlT^wlm!t,a^eM.is^s^riac^le^H-TO8^>, the foltowing real property in the County of Garfield and Stats of ColoradQ, to wn:~ LOT 6 ROARING FORK PflESERVE ACCORDING TO THE PLAT THEREOF RLED MAY 23,2D02, AT RECEmON NO. 603892. COUNTY OF GARFBELD STATE OF COLORADO dso known by street and number as: 4 PONOEROSA PINES WAY, CAHBONDALE, CO B1fi23 with an its appurtenances and wanant(s) the Utte to the samo, subject to Statutory Exceptions. Signed this day of October 28, 2018. -J2^^ DESSAS.WILL(E State of Colorado County 0(BOUU3ER ) )ss. USA L. BICKNELL NoxarvPubKc. State of Colorado Notafy I D# 19934017727^ My Commission Expires 11 -2 ^The foregoing inslrumert was adwowlsdged! before me on this day of October 28th, 2019 by DANIEL B. WILUE AND DESSA S. Wtness my hand and official seal My Commission expires: ' . V Notary Public When recorded return to: JONATHAN C. WHmNAN REVOCABLE TRUST 300 Sopris Circte, Basalt, CO 81C21 Form 1089 ctosing/deeds/statutory/wdLstahJtory.htm) 63013131 (414342) 927471 10/28/2019 04:10:29 PM Page 1 Of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $38.00 Doc Fee: $0.00 eRecorded 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 The printed portions of this fonn, aaept diffetenliated additions, have been appcaved by ffie Colorado Real Estate Commisa'aa. CTO72-8-10) (Mandatory 1-11) IF TfflS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. TffiS IS A LEGAL INSTRUMENT. IP NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTB3) BEFORE SIGBWG. DEED OF TRUST (Due oa Tfansfer - Srict) THIS DEED OF TRUST is made this 28th day of October . 201S between Jwiathan C. Whitman, Trustee, Jonathan C. Whitman Revocahla Ttusl (Borrower), whose address is .3GD Sop rfs'ffiql^BasaltTCO'BI 621 and the Public Trustee ^f die County m which die Property (see § l)is situated CTrustee); for the benefit of Marta Marehall, Co-Trustee, Nathan C.WhKman 1970 Trusl - ..... (Lmde^whoseaddress is 60 Mansion Court MenloPari(,CA94<K5 Bonowei and Lendei covenant and agree as foUows; 1. Property In Trust. Bormwer, in coiisideration of the indebtedness herein recited and the trust herein created, hereby ^ants and conveys to Trustee in trust, w{& power of sale, the following legally described property located in the Townofcarbondaie County of GarReld State of Colorado; as described in Exhibit A attached hereto and incorporated herein by this reference B1623 Zip known as No. 4 Ponderosa Pines Way Carbondale Colorado Street Address City State together with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender: 2.1. die repayment of the indebtedness evideaced by Borrower's note (Note) dated October ZS, 2019 principal sum of e Hundred Twenty-Five Thousand and Nofl OQ.--... . - .-'. -- ^Dollars (U.S. $ S2S.OOO.OO withmterest on the unpaid principal balance from the da hBreof _^ undl paid, at Ae rate of -~'1'51- (Property Address), indie annum, with principal and interest payable at 60 Mansion Court. Mento Park, CA 94026 or such other place as Leader may designate, in annual _payments of Interest orty Dollars (U.S. $ , due on the i]_ day of each OctobBr percent per beginniug October 31,2020 . such paymeats to contmue until the eatire indebtedness evidenced by said Note is fatly paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon shall be due and payable on "lllr°l«TO«»sain<»*Bf*nrt<<ic.w:tomant«nip«i)«iy. ^ Borrower is to pay to Lender a late charge of. % of any payment not received by Lender mthin _ days after payment is due; and BOITOWCT has the right to prepay die principal amount outstanding under.said 'Note, in whole or in part. at any time without penalty except 2.2. die payment of all otfaer sums, widi interest diereoa at % per annum, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust; and 2.3. the perfonnaace of the covenants and agreements of Borrower herein contained. 3. Tifle. Borrower covenants that Boirower owns and has tfae right to grant and convey the Property, and wanants title to the same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restricdona, reservations and covenants, if any, a3 of this date; and subject to "/a 4. Payment of Principal and Interest, BOITOWCT shall promptly pay wheu due the principal of and interest on the indebtedness evidenced by (fae Note, and tate charges as provided in tfae Note and shall perfonn all of Boirower's other covenants contained iu the Note. 5. AppUcatioD of Payments. All payments received by Lender under tfae teims hereof shall be applied by Lender first in paymmt of amounts due pursuant Co § 23 (Escrow Funds for Taxes and Insurance), tfaen to amounts disbursed by Lender pursuant to § 9 (Protection of Lender's Security), and the balance in accordance with tfae temis and conditions of the Note. 6. PHor Mortgages and Deeds of Trust; Charges; Lteas. Bon-ower shall perform all of Borrower's obiigatioas under any prior deed of trust and any other prior liens. Borrower shall pay all taxes, assessments and other chaiges, fines aod impositions atbibutable to the Property which may have or attain a priority over this Deed of Trust, and leasehold paymens or ground rents, if any, in the manner set out in § 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid in such manner, by Borrower making payment when due, directly to die payee thereof. Despite the foregoing. Borrower shall not be required to make payments otherwise requked by this section ifBoiTower, after notice to Leader, shall in good faith contest such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of the obligation or TD72-8-IO. DEEI>OFTRUST(Dncon Transfer- Strict)Page I of 5 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 Ill 112 113 114 115 927471 10/28/2019 04:1 0:29 PM Page 2 Of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $38.00 Doc Fee: $0.00 eRecorded forfeiture of the Property or any part thereof oiily upon Bonower making all such contested payments and otfaer payments as oidered by die court to the registry of Ac court in which such proceedings are filed. J^ _p,rop^rty Insurance; Bonower shall keep the improvements now existing or hereafter erected on the Property insured against loss by Ore or ha2aris included within the (am "©(toided coverage" m an amount at least equal to the lesser of (a) the iiisurable value of the Property or (b) an amount sufBcient to pay the sums secured by this Deed ofTrast as well as any prior eacumbrances on the Property. All of the foregoing shall be known as 'Troperty Insurance." Tbe insurance carrier providing die insurancB shall be qualified to write Property Insurance in Colorado and shall be chosen by Boirower subject to Lender's right to reject fhe chosen earner for reasonable cause. All insurance policies and renewals tfieieof shall include a standard mort^ge clause in favor of Lender, and shall provide that tfae insurance cairier shall notify Lender at least tea (10) days before cancellatioa, teimination or any material chauge of coverage. lasuraace policies shall be furoished to Lender at or before closing. Lender shall have Ae right to hold the policies and renewals diereof. In the event of loss, Borrower shall give prompt aodce to tfae insurance carrier and Lender, Lender may make proof of loss if not made promptly by Bonrower. Insurance proceeds shall be applied to lestoradon or repair of the Property damaged, provided said restoadon or repafr is econolmcally feasible and the secuiity of Ais^ Deed of Trust is not thereby impaired. 'If such restoration or repaii'u not economically feasible jor iftfiejecurityof diis Deed of Trust would be impaired, die insutance proceeds shall be appUed to the sums secured by this Deed of Trust, with the excess, if any, paid to Boirower. If the Property is abandoned by Borrowa-, or if Borrower fails to respond to Lender wiflun 30 days from the date nodce is given in accordance wifh § 16 (Nodce) by Lender to Boirower that the iasurauce canier offers to settle a claim for insurance benefits. Lender is authorized to collect and apply the insurance proceeds at Lender's option, either to restoradon or repair of the Property or to the sums secured by this Deed of Tiust. Any such q)plication of proceeds to principal shall not extend or postpone the due date of the installments referred to In g§ 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) or change die amount of such installments. Notwiflistendiag anything herein to tfae contraiy, if under § IS (Acceleration; Foreclosure; Other Remedies) the Property is acquired by Lroder, all right, dde aad interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting &om damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of tfae rights of Boirower and Lenda- hereunder with respect to insurance caaieirs, insurance policies and msurance proceeds are subject to Ae righte of any holder of a prior deed of trust with respect to said msuiance cameTS, policies and proceeds, 8. Preservation and Maintenance of Property. Borrower shall keep the Propeirty in good repair and shatl not commit waste or pemiit impaiiment or deterioration of the Property and shall comply with the provisions'of any'lease if this Deed of Trust is on a leasehold. Borrower shall perfonn all of Borrower's obligadons under any declarations, covenants, by-laws, rules, or odier documents governing the use, ownership or occupancy of the Property. 9. Protectiou of Lender's Security. Except when Borrower has exereised Boirower's rights under § 6 above, if Borrower fails to peifonn the covenants and agreements containsd in tfais Deed of Trust, or if a default OCCUTS in a prior lien, or if any acdoa or proceeding is commeaced whicli materially affects Lendesr's interest in fte Property, tfaea Lender, at Lender's option, widi notice to Borrower if required by law, may make such ^ipearances, disburse such sums and take such action as is necessary to protectLender's interest, including, but not limited to: 9.1. any general or special taxes or ditch or water assessments levied or accruing against the Property; the premiums on any insurance aecessaiy to protect aay Improvements comprising a part of the Property; sums due on any prior lien or encunibrance on die Property; if the Property is a leasehold or is subject to a lease, all sums due under such lease; the reasoiiable costs and expenses of defenduig, protecdag, and maintaining the Property and Lender's interest in die Property, including repair and maiatenance costs and expenses, rosts and expenses of protecting and securing the Property, receiver's fees and expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs of an attorney in the employment of Lender or holdear of (he certificate of purchase; 9.6. all other costs and acpenses allowable by the evidence of debt or this Deed of Trust; and 9.7. such olher costs and expenses which may be auAorized by a court of competent jurisdiction. Bonower hereby assigns to Leader any right Boirawer may have by reason of any prior encumbrance on tiie Property or by law or otherw^ise to cure any default uader said prior encumbrance. Any amounts disbursed by Lender puisuant to this § 9, with interest thereon, shall become addidonal indebtedness of Bonower secured by AisDeedofT.mst. Such amounts shall be payable upon notice from Lender to Borrower requesting payment tfiereo^ and Lpoder rowbnng swt.ia cftUest B?V aroCMnts SR disbursed ptoa irterest.specified w § 2.2 (N(8K Qfher QMigatiQna'Semied)."NQfhing contained in this § 9 shall require Lender to incur any expense or take any action hereunder. 10. Iiupwtion. Leadsr may make or cause to be made reasonable eateies upon and inspection of tfae Property, provided that Leader shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's interest in the Property. 11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connecdon wiA any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, arc hereby assigned and 9.2. 93. 9.4. 9A TDTZ^-IO. DEED OF TRUST (Due an Trantfer - StHct)Page 2 of 5 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 w 168 169 170 171 172 173 927471 10/28/2019 04:10:29 PM Page 3 Of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $38.00 Doc Fee: $0.00 eRecorded shall be paid to Lender as herein provided. However, aU of the rights of Boirower and Lender hereunder with respect to such proceeds are subject to (he rights of any holder of a prior deed of trust. In the event of a totai taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, witfi the excess, if any, paid to Boirower. In the event of a partial taking of the Property, the proceeds remaining afl:er taking out any part of the award due any prior lien holder (net award) shall be divided between Lender and Boirower, in the same ratio as the amount of the sums secured by Ais Deed of Trust immediately prior to the date of taking bears to Borrower's equity ia Ae Property immediately prior to the date of taking. Bonower's eqmly in the Property meaiis Ae fair market value of Ae Property less the amount of svnns secured by both this Deed of Trust and all prior liens (except taxes) that are to receive any of tfae awaid, all at the value immediately prior to the date of taking. If fhe Property is abandoned by Borrower or i{, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Bonower fails to respond to Lender within 30 days after the date such notice is given. Lender is authorized to collect and apply the proceeds, at Lender's option, eiAei to restoration or repair of the Property or to &e sums secured t»y diu Deed of Trust Any such applicadon of proceeds to principal shall not extend or postpone the due date of the installments referred to in §§ 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change die amount of such mstallments. 12. Borrower not Rdeased. Extension of the time for payment or modification of amortization of the sums secured ly this Deed of Trust granted by Leader to any successor in interest of Borrower shall not operate to release, in any manner, (he liability of Ae ori^nal Borrower, nor Boirower*s succesaors m mteres^ from the odpnal teims of fliis Deed of Trust. Lender shall not be required to commence proceedings agamst such successor or refiise to extend time for payment or othenvise modify amortization of the sums secured by this Deed of Trust by reason of any droiand made by die original BorroweiT nor Bonower's sucwssois m interest. 13. Forbearance by Lender Not a Waiver. Any foibearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. 14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all odier limi ts or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concucrendy, iadepemlBady or successively. 15. Successors and Assigns Bound; Joint and Several LiabUity; Captions. The covenants and agreements herein contained shall bind, and the rights heieunder shall inure to, the respecdve successors and assigns of Lender and Boirower, subject to die provisions of § 24 CTransfer of the Properly, Assumption). All covenants and agreements of Borrower shall be joint and several. The captions and headings oftfae secdons in this Deed of Trust are for convenience only and are not to be used to interpret or define &e provisions hereof. 16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower provided for in dus Dred of Trust shall be in writing and shall be given and be effective upon (1) delivery to Bonuwer or (2) mailing such notice by first class U.S. mail, addressed to Borrower at Bonower's address stated herein or at such other address as Boirower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be m writing and shall be given and be effective, upon (1) deliveiy to Leader or (2) mailing such aotice by 5rst class U.S, mail, to Lender'ls address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Bonower or Lender when given m any manner designated herein. 17. Governing Law; SeverablUty. The Note and this Deed of Trust shall be governed by the law of Colorado. In die event tfaat any provision or clause of this Deed of Trust or the Nofs conflicts with (he law, such conflict shall not affect other provisions of this Deed of Tjust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable. 18. Acceleration; Foreclosure; Other Remedies. Except as provided in § 24 (Transfer of Ae Property, Assumption), upon Boirower's breach of any covenant or agreement of Bonower in this Deed of Trus^ or upon any default in a prior lien upon the Property, (unless Borrower has exercised Boirower's rights under § 6 above), at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this opdon, Lender may invoke tfae power of sale and any odier remedies permitted by law. Lender shall be entided to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, in.cludin& but not Umited to, reasonable attorney's fees. If Lender invokes the power of sale. Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Boirrower of Borrower's rights as s provided by law. Tmstee shall record a copy of such notice and shall cause publication of thelega] notice as required by law in a legal newspaper of general circulation m each county in which the Property is situated, and shall mail copies of such nodce of sale to Borrower and other persons as presuibed by law. After the lapse of such time as may be requ»rsd by law, Tnistes. wifbffut demand fin Bftn-ffwer, sball sell tbft P(ppe)ty at.pufeUc auction tQ fte lugbBSt.biddw for GBsb at.tbe time and place (which may be on die Property or any part tfiereofas permitted by law) in one or more parcels as Trustee may think best a&d In such order as Trustee may detennine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon Ae purchaser at any such sale to see to the application of tfae purchase money. Trustee shall apply the proceeds of the sale in the following oTder: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of tide evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. TD72-8.10. DEBD OF TRUST (Duo on Transfer - Strict)page 3 of S 174 .175 176 177 178 179 180 181 182 183 184 185 186 187 188 189. 190 191 192 193 194 195 196 197 198 199 200 927471 10/28/2019 04:10:29 PM Page 4 Of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $38.00 Doc Fee: $0.00 eRecorded 19. Borrower's Right to Cure Default Whenever foredosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be endtied to care said defaults by paying ail delinquent principal and interest payments due as of die date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and fhe obligations secured hereby shall remain in full force and effect as though no Acceleration had occuaed, and the foreclosure proceedings shall be discontinued. 20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Bomwer hereby assigas to Lender the rents of tfae Property; however, Borrower shall, prior to Acceleration under § 18 (Acceleration; Foreclosure; Other RCTiedies) or abandoament of the Property, have the right to collect and retain such rente as they become due and payable. Lender or Ae holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under § 18 (Acceleration; Foreclosure; Oflier Remedies), and shall also be so entitled during ±e time covered by foreclosure proceedings and tfae period of redemption, if any; and shall be entitled thereto as a naatter of right without regard to the solvency or insolvm<y of Borrower or of the then owner of (he Property, and withoutregard to the value tfaereof. Such receiver may be appointed by any Court of competent jurisdiction upon ec parte application and without notice; notice being hereby expressly waived. Upon. Acceleradou under § 18 (Acceleration; Foreclosure; OAer Remedies) or abandonment of the Property, Lender, in peraon, by agent or by Judicially-appoiated receiver, shall be entitfed to enter upon, take possession of and manage the Property and to collect the rents of the Property including (hose past due. All rents collected by Lender or the receiver shall be applied, first to payment of the costs of preservation and management of die Property, second to paiments due upon prior liens, and then to the sums secured by fliis Deed ofTmst. Lender and fte receiver shall be liable to account oriy for those rents actually received. 21. Release. Upon payment of all sums secured by (his Deed of Trust, Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs ofrecordation and shall pay the statutory Trustee's fees. If Leader shall not produce the Note as aforesaid, then Lender, upon notice in accordance with § 16 (Notice) from Borrower to Leader, shall obtain, at Lender's expense, and Gle any lost instrument bond required by Trustee or pay die cost thereof to effect the release of this Deed ofTmsfc 22. Waiver of Exemptions. Bonowea- Iiereby waives all right of homestead and any other exemption in the Property imdeT state or federal law presently existmg or hereafiter eoacted. 23. Escrow Tunds for Taxes and Insnraace. IntentioaaB|y ddrted, 222 M. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfei": (i) a transfer 223 or conveyance of title (or any portion diereof, legal or equitable) of the Property (or any part thereof or interest therein); (ii) the 224 execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part %s fbereof w wtEireS.tlistfiio.); (ui) or an agreemem, granting a. pogsss^ory rigto ui fte Proppi^ [Qr any portipn ftereqO, ia Eatcsa^ fif 3. 226 years; (iv) a sale or transfer of, or the execution of a contract or agreement creatfag a right to acquire or receive, inore than fifty 227 percent (50%) of the controlUng interest or more than fifty percent (50%) of the beneficial interest in Borrower and (v) the 228 reorgamzatfon, liquidation or dissolution of Borrower. Not to be included as a Transfer are (x) the creation of a lien or 229 encumbrance subordinate to this Deed of Trust; (yj the creation of a purchase money security interest for household appliances; or 230 (z) a transfer by devise, descent or by operadon of the law upon the death of a joint tenant. At the election of Lender, in the event 231 of each and every Transfer. 232 24.1. All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration). TD72^-10. DEED OF TRUST (Due on Transfer - Strict)Page 4 of 5 927471 10/28/2019 04:1 0:29 PM Page 5 Of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $38.00 Doc Fee: $0.00 eRecorded 239 240 241 242 243 244 245 246 247 333 24 A If a Transfer occurs and should Lender not exercise Leader's option pursuant to fliis §24 to Accelerate, 234 Transferee shall be deemed to have assmned all of die obligations of Borrower uadea- diis Deed of Trust including all sums secured 235 hereby whether or not the instrument evidencing such conveyance, coatract or grant expressly so provides. This covenant shall run 236 wiA flie Property and remain in full force and effect until said sums are paid in fall. Lender may wifhout notice to Boirower deal 237 m^ Transferee in fhe same manner as widi Borrower with refereace to said sums including (he payment or credit to Transferee of 238 yndisbursed reserve Funds on payment in full of said sums, without in any way altering or dischaiging Bonower's liability liCTeuader for fhe obligations hereby secured. 24.3. Should Lender not elect to Accelerate upon the occuirence of such Transfer then, subject to § 24,2 above, the mere fact of a lapse of time OT tfae acceptance of payment subsequent to any of such events, whether or not Lender had actual or coiistiuctive notice of such Transfer, shall not be deemed a waiver of Leader's right to make such election nor shall Leader be estopped dierefrom by virtue thereof. The issuance on behalf of Lender of a routine statement showing Ae status of Ae loan, whefter or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. 25. Borrower's Copy. Boirower acknowledges receipt of a copy of the Note and fhis Deed oftrosL EXECUTED BY BORROWER. IFBq(»K&^:^PERSON(s): Janattian C. Whitman, Trustso, Janathan C, Whitman RovocablB Trust IF BORROWER IS CORPORATION: ATTEST: Secretary (SEAL) doing business as Name ofCoiporation By President IF BORROWER IS PARTNERSHIP: IP BORROWER IS UMITED LIABILFTY COMPANY: Name ofPartaeiship By A General Partner Name of Limited Liability Company By Its AuChoiized Representative STATE OF COLORADO COUNTY OF ^ Tide of Authorized Representative The fore oin&mstiumentwas acknowledged before nae thisoir n-h"day of OL ^r . 20 11 , by ft.n ^TT^S ^a-0 & v\OL-tlA A^.C..V\J^'twj^v\ Voc<^?{c.Tfy&.(- 248 249 Secretaiy of Doe ^°^^%< Witness my hand aad official seal. M nmmissim ex ires: <f Z-0 2-0 C-. N blic s) ofsneIiperson(B).Ifa ation, insert, for example, "John Doe as President and Jane Doe as ." If a partaership, msert, for example, "Sam Smith as general partner in and for SmiA & Smith, 250 a general paitnerdiip." A Stateoisnt ofAuthodty aiay be required if boirower is a limited liability company or other entity (§ 38-30-172, C.R.S.) TD72-8-10. DEED OFTRUSTplneun Transfer-Stricf)Page S of 5 927471 10/28/2019 04:10:29 PM Page 6 of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $38.00 Doc Fee: $0.00 eRecorded Exhibit A Escrow No. 63013131 LOT 6 ROARING FORK PRESERVE ACCORDING TO THE PLAT THEREOF FILED MAY 23, 2002, AT RECEPTION NO. 603992. COUNTY OF GAROELD STATE OF COLORADO Land Title To: CUARANTEECOMPANY Attn: AVERY NELSON Fax: Address: 21 SILVER SPRUCE DR CARBONDALE, CO 81623 Date Ordered: 02-20-2020 Order Number 830632 Phone: 970-925-1551 County: GARFIELD LEGAL DESCRIPTION LOT 2. ROARING FORK PRESERVE SUBDIVISION-, COUNTY OF GARFIELD, STATE OF COLORADO. OWNERSHIP & ENCUMBRANCES Certification Date: 02-07-2020 OWNERSHIP: JONATHAN C. WHITMAN REVOCABLE TRUST Doc Type WARRANTY DEED locFt $132.50 Date 06-05-2002 Reference 604724 ENCUMBRANCES AND OTHER DOCUMENTS Item Pa able To NONE Amount Date Reference Cust Ref# By: SHANON BLANKENSHIP Land Title Property Resource Specialist Email: sblankenship@ltgc.com Phone: 303-850-4103 Fax: Form OE.WEB 06/06 This ONE REPORT is based on a limited search of the county real property records and is intended for mfomiational purposes only. The ONE REPORT does not constitute any form of warranty or guarantee of title or til insurance, and should not be used by the recipient of the ONE REPORT as Ae basis for making any legal, investment or business decisions. The recipient of the ONE REPORT should consult legal, tax and other advisors before making any such decisions. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT. Prepared For: LAW OFFICE OF AVERY NELSON CWARANTEE COMPANY WWW.ITCC-COM AVERY NELSON Reference: 21 SILVER SPRUCE DR CARBONDALE. CO 81623 Attached are the additional documents you requested: Doc Type Recorded Race tion BookPa e SHANON BLANKENSHIP Land Title Property Resource Specialist Email: sblankenship@ltgc.com Phone: 303-850-4103 Fax: ADD.DOCS 830632 ^t33.S^ 2BB2 10! te.ea D 132. WARRANT/ DEED THIS DEED, made May 29, 2002, Between ROARING FORK PRESERVE, LLC. A COLORADO LIMITED LIABILITY COMPANY of the County of GARFIELD, State of Co, GRANTOR, AND JONATHAN C. WHITMAN REVOCABLE TRUST, GRANTEE whose legal address is : C/0 Kaufman & Petereon 315 E. Hyman Ave. Suite 305, Aspen, Co, 81611 of the County of PITKIN, State of Co W!TNESSETH.'Thatfor a"d'n consideration of the sum of ten dollars and other good and valuable consideration. the_.receipt and ,sufficiencyof which is hereby acknowledged, the grantor has granted, bargaTned7soidand'"*"'*"" conveyed-'-and-by,thes8 pres®"ts do®s gfant- bal'?ai". sel! and convey and confirm unto-thegrarrtee,'its'heirs and assignsjorwer^all the real property together with improvements, if any, situate and lying and beina'in of GARFIELD, State of COLORADO, described as follows: LOTS 1 AND 2. roARING.FC>RK PRESERVE SUBDFVISION, according to the Plat thereof recorded May 23,2002 as Reception I?^^E? ^ ^l-a.nd.?i.n?ular_y!® hereditaments and appurtenances thereto belonging, or in anywise appe'te.'nin_Q-and.the reverslon and reversions, remainders; rents, issues and profite thereof, andall'the'estate. ^interest'claim and demand whatsoever of the grantor either in law or equity, of.'in'and'tothe'abow'" I premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD thesaKi'Dremis ^bov®-baL9fflned and.described'wrth the.aPPUrtenances, unto the granteeTits heirsand'assignsw tore 7"Andi 'the Grantor'=fof-iteetf' SJ1 eire an^assigns, does covenant, grant, bargain, and agree'toand'with'the'GranteeT'ite heirs and assigns-that at.the time ofthe ens®ali"g and delwery of fte presents, it is wellseized of the Dremises' i cwve}(ed: hasgood: sure;_perfect>.abs.olute ancl '"deteas'bte estate of inheritance, in law; m fee ^impfe7awnd'has goodri?ht'fu"power and lawful authorityto grant, bargain, sell and convey the same inmannei? and^for'ma^' J, and that the same are free and clear from ati former and other grants, bargains,~saies,1'iens~ assls!^nte'-Tumbrancesandre5trictions ofwhatever kind or nature soever, exwpt'thosTmattors'aTset'forth ^I^"^te^edhe/etoandincor^ra^.herei"byreferen -The^^^^^^^^ E2^ERSF END.l^toTOtorgamedpremisesin the ^iet and.Peaceable'poss'ess'iono'fthegrantee, te" heire.a"dassigns'.against a"and every pereon or Persons lawfully claimin'g'the 'wholeo'r'a'ny' partlhw'eoT T^e SLngu^number sha"include the plurai> the plural the s'ngular. and theuseofgender'shalT'beS'plic'abte'toalT IN WITNESS WHEREOF the grantor has executed this deed. ROWING FORK PE d^L^ By: -?. A $°i-ORADO LIMITED LIABILIPC COMPANY / STATE OF COLORADO COUNTr OF PITKIN ss »-A ^>rt.» .< EXHIBIT 'A" 1. Taxes tor the year 2002 not yet due or payable. 2- Ri?htonh® propl'ietorof a veinor lode to exfract and remove his ore therefrom, should the same be found to penetrate onntersect^the premises I 1 United States as reserved in United States Patent recorded June 1,1899 inBook~12'a7page 511. 3. Sixty foot road easement conveyed in Deed recorded December 30,1999 in Book 1166 at Page 920. 4. Ditches, poweriines all matters as disclosed by Survey of Scarrow & Walker dated December 27.1999. 5. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the I 1,2001 in Book 1279 at Page 57 as Resolution No7 6- .S^S'Ste^Xt X7mw"s " " fo*'" s-lnvro>emems A"- 7- Ih^se.terms»a3ndit ion^provisions' ob"9ations. easements, restrtetions, assessments and all matters as set forth'^S^PS^5°n'wan^wRlwn9porkpw^^LBOOkl359a_t page 128' deletin9 therefrom any restrictions indicating'any p?efer'ence^rm itatio7o'r"" "'u' discrimination based on race, color, religion, sex, handicap, familial statusTomltionaro 'rigin."*"" ' 8' sst s !QKry and a"matters as disclos8d on plat of subject property recorded May 23- 2002 as 884724 2 of 2 I 10! D 132.P488 flL COL CO Name/Addresses of Owners within 200' of Subdivision AddressName Ranch at Roaring Fork Homeowners Association 14913 Highway 82, Carbondale, CO 81623 Inc. Mayfly Bend Ranch Homeowners Association Redmond Family Trust (Lot 1, Mayfly Bend Ranch) Travis and Cresta Stewart (Lot 5, Mayfly Bend Ranch) Coffman Northside Ranch LLLP (Lot 1, Coffman Subdivision) Eubank, Dale, LLC IRMW II LLC PO Box 1856, Carbondale, CO 81623 466 Ponderosa Pines Way, Carbondale, CO 81623 PO Box 1319, Carbondale, CO 81623 1837 County Road 100, Carbondale, CO 81623 100 Road Cattle Company, LLC 1676 County Road 100, Carbondale, CO 81623 PO Box 3075 Glenwood Springs, CO 81602 300 N LaSalle Street, Suite 4000, Chicago, IL 60654 Janet R. Goss Revocable Trust (Lot 4, Mayfly Bend 337 Ponderosa Pines Way, Carbondale, CO 81623 Ranch) Project Description/Narrative: Applicant is the owner of 2 lots in Roaring Fork Preserve (Lot 2 and Lot 6). Lot 2 is recently developed with a single-family residence and accessory buildings. Plat Note 10 on the Final Plat of Roaring Fork Preserve provides that ADUs "shall be permitted on Lots 5, 6,7, & 8." As the owner of Lot 2 and Lot 6, Applicant desires to transfer the ADU right from Lot 6 to Lot 2, which requires an amendment to Plat Note 10 to reflect that ADUs shall be permitted on Lots 5, 2, 7 & 8. This application is consistent with underlying zoning because an accessory dwelling unit is a use by right in the Rural zone district (See Table 3-403). This change does not increase the total number ofADUs in Roaring Fork Preserve (i.e., 4). The HOA has approved this application as set forth in the HOA consent submitted with this application. All owners in the subdivision will also consent to the amendment to final plat, as evidenced by their signatures thereto. The application satisfies the review criteria for an amendment to final plat (Garfield Land Use and Development Code 5-305) because it (i) does not increase the number of lots in the subdivision, (ii) does not result in any relocation of a road or add any new roads; (iii) and the purpose is to amend the drafting of Plat Note 10 to reflect Lot 2 instead of Lot 6 as a lot on which an ADU is permitted in the subdivision. Request of Waiver of submittal requirements: Applicant hereby requests waiver of the submission requirement of an Improvements Agreement (4- 203(K)). This application does not contemplate any public improvements, and therefore,the requirement of an Improvements Agreement is inapplicable. ^L Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www. arfield-coun .corn PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: OWNER: PRACTICAL LOCATION: ZONING: 239336220001 PRE-APP DATE: November 5, 2019 Jonathan Whitman Revocable Trust 21 Silver Spruce Road, Carbondale, CO 81623 Rural COMPREHENSIVE PLAN: Residential Low (10 acres per dwelling unit) TYPE OF APPLICATION: Amended Final Plat I. GENERAL PROJECT DESCRIPTION The applicant owns one parcel and is planning on purchasing another in the Roaring Fork Preserve Subdivision. The Roaring Fork Preserve Subdivision limits Accessory Dwelling Units (ADU) to certain lots. The applicant would like to transfer one of these ADU rights to the lot that they own. This transfer requires an Amended Final Plat application to adjust the subdivision plat note. Because the Plat Note affects all property owners within the Subdivision, the County Attorney's Office has required that all property owners and associated lienholders sign off on the plat. The applicant's property is currently being developed with a single-family residence and accessory buildings. The applicant represented that they would like to turn the top floor of one of the accessory buildings into an ADU. Staff advised the applicant that if the floor area of the ADU is over 1,000 square feet, the applicant will also need to apply for a Secondary Dwelling Unit through the Community Development Department. II. REGULATORY PROVISIONS AND PROCESS RE HIRED The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: . Section 5-305 - Amended Final Plat Review III. Table 5-103 Common Review Procedures and Required Notice Table 5-401 Submittal Requirements Section 5-402 Description of Submittal Requirements including requirements for a Final Plat Section 4-103 Administrative Review and Section 4-101 Common Review Procedures Article 7, Divisions 1, 2, 3, and 4 as applicable ADMINISTRATIVE REVIEW PROCESS The review process shall follow a modified version of the steps contained in Table 4-102 and Section 4-103, Administrative Review (see attached modified flow chart). IV. SUBMITTALRE UIREMENTS-KEY TOPICS As a convenience, outlined below is a list of information typically required for this type of application: General Application Materials o Completed application form o Completed payment agreement form o Proof of Ownership (title work and deed) and information on any lien holders for the parcels at issue o Names and mailing addresses of property owners within 200 ft. of the subdivision. o Mineral rights ownership including mailing address (see attached form and memo). o A narrative describing the request and related information. . Copy of the pre-application summary . A Vicinity Map within approximately 3 miles . Because no public improvements are required for this project, a written waiver request from submittal of an Improvements Agreement should be requested. . The Proposed Plat showing the amended plat note . Copies of any covenants affecting the property . The applicant indicated that they had approval from the HOA. A record of this decision should be included in the application. . Any other supporting information indicating that the change is consistent with underlying zoning and previous property history. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to the pre-application summary for submittal requirements that are appropriate for your Application. V. APPLICATION REVIEW a. Review by:Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X Director Decision with notice _ Planning Commission _ Board of County Commissioners Board of Adjustment VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: c. Total Deposit: $ TBD - consulting engineer/civil engineer fees 100.00 (additional hours are billed at $40.50/hour) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. PRE-APPLICATION SUMMARY PREPARED BY: MU Patrick Waller, Planner November 5, 2019 D Garfield County Amended Final Plat Review Process (Section 5-305) Step 1 Pre-application Conference .Applica[ Step 2; Application Submittal I I I I Step 3: Completeness Review .10 business days to review .If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice .Mailed to adjacent property owners within 200 fieet and mineral owners at least 15 days prior to decision date Step 5: Referral Step 6: Evalution by Director ^tep 7: director" e sion .Call-up Period - within 10 days of Director's Decision .Final Plat must be signed by the BOCC and be recorded within 10 business days of approval. 3/6/2020 Garfield County Land Explorer https://gis.garfield-county.com/LandExplorer/index.html 1/1 Garfield County Colorado Land Explorer + – 0 0.5 1mi PIN 239336219002  Report  Tax  Files  email Account R008554 Owner WHITMAN, JONATHAN C REVOCABLE TRUST Physical Address 21 SILVER SPRUCE DR CARBONDALE 81623 Mailing Address 300 SOPRIS CIRCLE BASALT, CO 81621 Acres 5.05 2019 Mill Levy 76.2090   Vicinity Map Lot 2 3/6/2020 Garfield County Land Explorer https://gis.garfield-county.com/LandExplorer/index.html 1/1 Garfield County Colorado Land Explorer + – 0 0.5 1mi PIN 239336319006  Report  Tax  Files  email Account R008558 Owner WHITMAN, JONATHAN C REVOCABLE TRUST Physical Address 4 PONDEROSA PINES WAY CARBONDALE 81623 Mailing Address 300 SOPRIS CIRCLE BASALT, CO 81621 Acres 10.029 2019 Mill Levy 76.2090   Vicinity Map Lot 6 CLERK AND RECORDER'S CERTIFICATETHIS FIRST AMENDED PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTYAT ____ O'CLOCK ________.M., ON THE __________ DAY OF________________________________, A.D. 2020, AND IS DULY RECORDEDIN RECEPTION NO._________________________.ATTEST: __________________________________________________________________ CLERK AND RECORDERBY:_________________________________________________________________________SURVEYOR'S CERTIFICATENOTES:A PARCEL OF LAND SITUATED SECTIONS 35 & 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PMCOUNTY OF GARFIELD, STATE OF COLORADOROARING FORK PRESERVE TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2020-121DATE: March 7, 2020DRAWNRPKSURVEYEDN/ASHEET1 OF 2TRUENORTHA LAND SURVEYING AND MAPPING COMPANYFIRST AMENDED PLATCERTIFICATE OF OWNERSHIPKNOW ALL MEN BY THESE PRESENTS:THAT THE UNDERSIGNED OWNERS ARE OWNERS OF ALL THAT REAL PROPERTY SITUATED IN THE COUNTY OFGARFIELD, STATE OF COLORADO, AND AS SHOWN ON THE ACCOMPANYING PLAT, SAID REAL PROPERTY BEINGMORE PARTICULARLY DESCRIBED AS FOLLOWS:LOTS 1 THROUGH 9, ROARING FORK PRESERVE, ACCORDING TO THE FINAL PLAT THEREOF RECORDED MAY 23,2002 AS RECEPTION NO. 603992."SEE SHEET 2 FOR OWNER'S SIGNATURES".LAND USE SUMMARYCOUNTY SURVEYOR'S CERTIFICATECERTIFICATE OF MORTGAGE CONSENTMARITA MARSHALL, CO-TRUSTEE OF THE JONATHAN C. WHITMAN 1970 TRUST, BEING THE HOLDER ANDBENEFICIARY OF A DEED OF TRUST RECORDED AT RECEPTION NO. 927471 OF THE RECORDS OF THE CLERKAND RECORDER OF GARFIELD COUNTY, COLORADO, WHICH ENCUMBERS LOT 6 AS SHOWN HEREON, DOESHEREBY CONSENT TO THIS FIRST AMENDED PLAT OF ROARING FORK PRESERVE AND THE RECORDINGTHEREOF AND TO ALL DEDICATIONS AND RESERVATIONS MADE BY AND UPON THIS FIRST AMENDED PLATAS STATED IN THE CERTIFICATE AND DEDICATION AND OWNERSHIP SET FORTH HEREON AND DOES HEREBYSUBORDINATE ANY INTEREST THAT IT MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATIONSAND RESERVATIONS TO THE ENTITIES AND INDIVIDUALS WHO ARE THE BENEFICIARIES OF SAIDRESERVATIONS AND TO WHOM SUCH DEDICATIONS ARE MADE.DATED THIS____________ DAY OF ___________________________, 2020.MARITA MARSHALL, CO-TRUSTEE OF THE JONATHAN C. WHITMAN 1970 TRUSTBY:__________________________________________________________________MARITA MARSHALL, CO-TRUSTEESTATE OF __________________ ) )ssCOUNTY OF ________________ )SUBSCRIBED AND SWORN TO BEFORE ME THIS __________ DAY OF _____________________________, 2020,BY MARITA MARSHALL, CO-TRUSTEE OF THE JONATHAN C. WHITMAN 1970 TRUST.MY COMMISSION EXPIRES:___________________________________________WITNESS MY HAND AND SEAL_____________________________________________________________NOTARY PUBLICBOARD OF COUNTY COMMISSIONERS CERTIFICATEROARING FORK PRESERVETOWN OFCARBONDALEVICINITY MAPNPURPOSE STATEMENTORFREVIEW A PARCEL OF LAND SITUATED SECTIONS 35 & 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PMCOUNTY OF GARFIELD, STATE OF COLORADOROARING FORK PRESERVE TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2020-121DATE:March 7, 2020DRAWNRPKSURVEYEDN/ASHEET2 OF 2TRUENORTHA LAND SURVEYING AND MAPPING COMPANYFIRST AMENDED PLATOWNER'S ACKNOWLEDGEMENT LOT 1KNOW ALL MEN BY THESE PRESENTS, SILVER SPRUCE PROPERTIES, LLC BEING THE OWNER(S) INFEE SIMPLE OF LOT 1, ROARING FORK PRESERVE SUBDIVISION AS SHOWN HEREON DOESHEREBY ACKNOWLEDGE AND APPROVE THIS FIRST AMENDED PLAT AS SET FORTH HEREON.OWNER: SILVER SPRUCE PROPERTIES, LLC.466 PONDEROSA PINES WAYCARBONDALE, CO 81623 BY: __________________________________________________________NAME:_______________________________________________________TITLE:________________________________________________________STATE OF ________________ ) )SSCOUNTY OF _____________ )THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______DAY OF___________________________, 2020, BY __________________________________ AS _____________________OF SILVER SPRUCE PROPERTIES, LLC.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL___________________________________________________________________NOTARY PUBLICOWNER'S ACKNOWLEDGEMENT LOT 2KNOW ALL MEN BY THESE PRESENTS, JONATHAN C. WHITMAN REVOCABLE TRUST BEING THEOWNER(S) IN FEE SIMPLE OF LOT 2, ROARING FORK PRESERVE SUBDIVISION AS SHOWN HEREONDOES HEREBY ACKNOWLEDGE AND APPROVE THIS FIRST AMENDED PLAT AS SET FORTHHEREON.OWNER: JONATHAN C. WHITMAN REVOCABLE TRUST300 SOPRIS CIRCLEBASALT, CO 81621 BY: __________________________________________________________NAME: JONATHAN C. WHITMANTITLE: TRUSTEESTATE OF ________________ ) )SSCOUNTY OF _____________ )THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______DAY OF___________________________, 2020, BY JONATHAN C. WHITMAN AS TRUSTEE OF THEJONATHAN C. WHITMAN REVOCABLE TRUST.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL___________________________________________________________________NOTARY PUBLICOWNER'S ACKNOWLEDGEMENT LOT 4KNOW ALL MEN BY THESE PRESENTS, TRAVIS AND CRESTA STEWART BEING THE OWNER(S) INFEE SIMPLE OF LOT 4, ROARING FORK PRESERVE SUBDIVISION AS SHOWN HEREON DOESHEREBY ACKNOWLEDGE AND APPROVE THIS FIRST AMENDED PLAT AS SET FORTH HEREON.OWNER: TRAVIS & CRESTA STEWART13 SILVER SPRUCE DRIVECARBONDALE, CO 81623 BY: __________________________________________________________BY:___________________________________________________________STATE OF ________________ ) )SSCOUNTY OF _____________ )THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______DAY OF___________________________, 2020, BY TRAVIS STEWART & CRESTA STEWART AS OWNERS.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL___________________________________________________________________NOTARY PUBLICOWNER'S ACKNOWLEDGEMENT LOT 5KNOW ALL MEN BY THESE PRESENTS, BRADLEY D. & ELIZABETH P. TUCKER BEING THE OWNER(S)IN FEE SIMPLE OF LOT 5, ROARING FORK PRESERVE SUBDIVISION AS SHOWN HEREON DOESHEREBY ACKNOWLEDGE AND APPROVE THIS FIRST AMENDED PLAT AS SET FORTH HEREON.OWNER: BRADLEY D. & ELIZABETH P. TUCKER4770 BOW MAR DRIVEBOW MAR CO 80123 BY: __________________________________________________________BY:_______________________________________________________STATE OF ________________ ) )SSCOUNTY OF _____________ )THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______DAY OF___________________________, 2020, BY BRADLEY D. TUCKER AND ELIZABETH P. TUCKER ASOWNERS.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL___________________________________________________________________NOTARY PUBLICOWNER'S ACKNOWLEDGEMENT LOT 7KNOW ALL MEN BY THESE PRESENTS, KARLA H. MILLER BEING THE OWNER(S) IN FEE SIMPLE OF LOT7, ROARING FORK PRESERVE SUBDIVISION AS SHOWN HEREON DOES HEREBY ACKNOWLEDGE ANDAPPROVE THIS FIRST AMENDED PLAT AS SET FORTH HEREON.OWNER: KARLA H. MILLER,110 WEEPING WILLOW LANECARBONDALE, CO 81623 BY: __________________________________________________________STATE OF ________________ ) )SSCOUNTY OF _____________ )THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______DAY OF___________________________, 2020, BY KARLA H. MILLER AS OWNER.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL___________________________________________________________________NOTARY PUBLICOWNER'S ACKNOWLEDGEMENT LOT 3KNOW ALL MEN BY THESE PRESENTS, WILLIAM L. HUTTON BEING THE OWNER(S) IN FEE SIMPLEOF LOT 3, ROARING FORK PRESERVE SUBDIVISION AS SHOWN HEREON DOES HEREBYACKNOWLEDGE AND APPROVE THIS FIRST AMENDED PLAT AS SET FORTH HEREON.OWNER: WILLIAM L. HUTTON5231 FARQUHAR LANEDALLAS, TX 75209 BY: __________________________________________________________STATE OF ________________ ) )SSCOUNTY OF _____________ )THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______DAY OF___________________________, 2020, BY WILLIAM L. HUTTON AS OWNER.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL___________________________________________________________________NOTARY PUBLICOWNER'S ACKNOWLEDGEMENT LOT 8KNOW ALL MEN BY THESE PRESENTS, JAMES D. FINCH BEING THE OWNER(S) IN FEE SIMPLE OFLOT 8, ROARING FORK PRESERVE SUBDIVISION AS SHOWN HEREON DOES HEREBYACKNOWLEDGE AND APPROVE THIS FIRST AMENDED PLAT AS SET FORTH HEREON.OWNER: JAMES D. FINCH255 RIVERSIDE DRIVEBASALT, CO 81621 BY: __________________________________________________________STATE OF ________________ ) )SSCOUNTY OF _____________ )THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______DAY OF___________________________, 2020, BY JAMES D. FINCH AS OWNER.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL___________________________________________________________________NOTARY PUBLICOWNER'S ACKNOWLEDGEMENT LOT 9KNOW ALL MEN BY THESE PRESENTS, DAVID A. MULKEY FAMILY LIMITED PARTNERSHIPBEING THE OWNER(S) IN FEE SIMPLE OF LOT 9, ROARING FORK PRESERVE SUBDIVISION ASSHOWN HEREON DOES HEREBY ACKNOWLEDGE AND APPROVE THIS FIRST AMENDED PLAT ASSET FORTH HEREON.OWNER: DAVID A. MULKEY FAMILY LIMITED PARTNERSHIP1340 W HENDERSON STREET #2WCHICAGO IL 60657 BY: __________________________________________________________NAME:_______________________________________________________TITLE: TRUSTEESTATE OF ________________ ) )SSCOUNTY OF _____________ )THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______DAY OF___________________________, 2020, BY __________________________________ AS TRUSTEE OF DAVIDA. MULKEY FAMILY LIMITED PARTNERSHIP.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL___________________________________________________________________NOTARY PUBLICOWNER'S ACKNOWLEDGEMENT LOT 6KNOW ALL MEN BY THESE PRESENTS, JONATHAN C. WHITMAN REVOCABLE TRUST BEING THEOWNER(S) IN FEE SIMPLE OF LOT 6, ROARING FORK PRESERVE SUBDIVISION AS SHOWN HEREONDOES HEREBY ACKNOWLEDGE AND APPROVE THIS FIRST AMENDED PLAT AS SET FORTHHEREON.OWNER: JONATHAN C. WHITMAN REVOCABLE TRUST300 SOPRIS CIRCLEBASALT, CO 81621 BY: __________________________________________________________NAME: JONATHAN C. WHITMANTITLE: TRUSTEESTATE OF ________________ ) )SSCOUNTY OF _____________ )THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______DAY OF___________________________, 2020, BY JONATHAN C. WHITMAN AS TRUSTEE OF THEJONATHAN C. WHITMAN REVOCABLE TRUST.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL___________________________________________________________________NOTARY PUBLICORFREVIEW II 1 of 44 R 220.M _ 0. I P128 IELD TY CO RESTATED DECLARATION OF COVENANTS, CONDHIONS, RESraiCTTONS AND ~R^E FOR ROARTOG FORK PRESERVE SUBDIVISION ROARING FORK PRESERVE, LLC, a Colorado limited liability company ("DedaranfLasownerofcertam real property in the county ofGarfie1^ st^te of, Coiorado^knowm as Roaring Fork Preserve Subdivision, as depicted on die Pla^t of same^ecordedon May 23,2002, as Reception No. 603992 in the records of die Clerk and"Recorder of Garfield County, Colorado ("the Plat"), and described inj airachelhereto and incorporated herein by this reference ("the Property'Zdesb-es to^reatea~Common Interest Community, to be known as Roaring Fork Preserve Subdivision, in which certain common property wiU be owned by the 1 Preserve Homeowners Assodation, a Colorado non-profit corporation, its successors andassigns-(the "Associadon"). Declarant makes the foUowing dedarations: STA ARTICLE 1 ENT OF PURPOSE AND OSTHON OF COVENANTS 1.1 Im sition of Covenants. Declarant hereby makes, dedares, and estabUshes the following covenants, condidons, restrictions and easements Fcovenants") which shall affect all of the Property. From this day forward^ "shall be~held, sold and conveyed subject to these^ Covenants. These Cownants'shall run with the land and shall be binding upon aU persons or entities having"aiiy"nght,-title or interest in all or any part of the Pr°Pe^mcl^m8 vandtheu- heirs, successors, assigns, tenants, guests and invitees^ Sv^iar^ts shall7nureto~and are unposed for the benefit of all Lot Owne rs of parcels of land'located within the Property. These Covenants create specific nvdleee7whi~ch shaUbe shared and enjoyed by aU owners and occupants of any part SlAe%e^y" Dedaranthereby submits Roaring Fork presejve,sub^v;s;on,to ±e ? of die Colorado Common Interest Ownership Act^Sections 38-33.a-iui^ £.''sea.-,'Colorado Revised Statutes, as it may be amended from time to time^ e:Ac?')1" IJnAre vent"die-Act is repealed, die Act, on the effecdve date of this Declaration, shall remain appUcable. 1.2 D d ranfs Int nt. Dedarant wishes to ensure the attracdvenessof individual Lote Mid Improvements to be made within the Property, to prevent any y, and to preserve, protect and ennance me wiue^dl^Ssx ofA"ePuropertyas"a highly desirable, scenic ^and exclusive residentid ^eaFTt'isdie intent of Declarant to preserve the present beauty and viewsjnd to ^oflmpiovementsbuiltofimproperor ^mto&Tmaterials'oTwth improper quality or mediods of construction. Dedarant \^-% Rffi^t^- trd Qe. 8U62S of " " -- intends to encourage the constmcdon of attractive pennanent_lmproye menteoj ^d^ed^echnoTo^cara rchitecturalandengmeeringdesign^ to preserve the hannonious development of the Property. ARTICLE 2 DEFINTHONS Each capitalized term not oAerwise defined in dus Declaration or on die Pla^ shall ha^ediTSi ^ringsTpeafiedor used in the Act. The following tenns, as used in this Dedaration, are defined as follows: 2.1 "Act" shall mean the Colorado Common Interest Ownership Act, as m effect from time to dme including any amendmentt to or replacements thereof.^Any rcference"to'a~paiticular section of the Act shaU mdude any amendment o^rrof^uch's^tion"When this Dedaration makes rcference^detod lte^appearingm~the~Actsuch terms shaU, unless otherwise provided, have i same meaning as provided in the Act. 2.2 "Annual Assessments" shall mean Ae charges levied and assessed each year against a Lot. 2.3 "Articles" shaU mean Artides of Incorporation and any amendmente thereto forthe Roaring ForkPreserveHomeownersAssodation, a Colorado nonpro^^ corporation. 2.4 "Assessments" shall mean Annual Assessments and Spedal Assess- ments. 2.5 "Assessment Uen» shall mean the statutory Hen for payment of Assessments provided by the Act. 2.6 "Association" shaU mean the Roaring Fork Preserve Homeownere Assoda^n, aColorado''nonprofit'corporation, foT dand_incoiporated^^d^^Ae'A^datfontowiriAreferencetema&mtUs^^n^fa^^^lmnoTmtereste~oTowiers of aU property within the Roaring Fork Preserve Subdivision. 2.7 "Board or Execudve Board" shall mean the governing board of the Association. 2.8 "Bylaws" shall mean the bylaws adopted by the Association and my amendmen ts thereto: In~thee7ent of any incon^ten^^ c;nm^b;ween the ^^Tand"th^Dedaration,"the provisions of the Dedaration shall control. I « of 4 .-/31/a R 22®.W Bl P138 _. _' IELD COl TY CO 2.9 "Common Elements" shall mean the realproper^o^rto^within ^ Roari^gTork Freierve'Subivision owned^ease^^ ^temed^^eSa^iC^te^Awaternghcandproperty rights ownedbytheAssodatfon. 2.10 "Common Expenses" shaU mean estimated and actu^_^end^ made o6rtoubem^debyoro"nbehalf of the Assodadon, together with any allocations to reserve or sinking funds. 2.11 "County" shaU mean Garfield County, Colorado. 2.12 UDedaranf'shaUmeanRoaringForkPreserve,LLC^CoJo^^edliahilitv^moan'^dany party desisted as a successor or assign of AeDedarant ^^^v^^^^±^^a^a^G^1^^^ro rtadow"S'uxA"msmimentmay specify the extent and portion of the rights or interests being assigned by Dedarant. 2.13 "Dedaration" shall mean tfiis Restated Dedaradon ^own^ ConditionT, Re^T^onTandiasementt foj .^ng,FOAPres^Lsu^l^^s incorporated herein. s" shall mean the rules and regulations adopted^by theAs^on^o^nce^and^^t^^^t^^^^^^ra rdutect^ai'hannony of'Improvements in Roaring Fork Preserve Subdivision. 2.15 "improvements" shaU mean all buUdings, parkm8 areaslfences^aus: ^p^ts"popleZ^imae^veways,sign5^;se^d^dualTo£er site woA,'induding, without IJ^a^gmdm^S ^a^p^m^,"aad'rmo^ of trees »pto^ ^;P^v^tf;^3eu^3> ZgiW"imp»vaienG and aU latet_d"®e'^"°P^me;ts;^15lo^ot^dude"mrf,7hrubor tree rep^r or_replacement of a S^eIcv»Sch"d<^'"notd^e »(erior colors or exterior appearances. 2.16 "Lot- shaU mean any lot shown on the Pla^Roanng^P^es^ "Unit" as that term is defined in the Act. 2.17 <<LotOwnernshallmeananovmerofaLot_sho^onthePl^^m;g Fork prlsle/rve sS^^n.^r purpore sofconformmg the terms and provisions of IIN..I-,,.. ' of 44 R 220.80 D 9.^ this Dedaradon to the terms and conditions of the Act,Aetenn^ot Owner" shall branalogousto die'term "Unit Owner" as that term is defined in the Act. 2.18 "Mortgage" shaU mean any mortgage, deed of tmst or otherjecunty msmimen^ creaSnFa'reai'property security mterest in any Lot, excluding any statutory, tax orjudidal liens. 2.19 "Mortgagee" shaU mean any grantee or benefidary of a Mortgage. 2.20 "Mortgagor" shall mean any grantor or trustor of a Mortgage. ;.21 "Plat^' shall mean the Final Subdivision Plat for Roaring Fork Preserve Subdi^on recoriedMay2^, 2002, a^ I^P^n_ .M39,921f te^L^rc"co7dsofGaifield County, Colorado, and any ^ndinentsthere^as^ap'prowdl by"5ie'Countyand-recorded in the real estate records of Garfield County. By^this reference, the Plat is incorporated herem. 2.22 "Special Assessments" shall mean any spedal or extraordinary Assessment levied and assessed pursuant hereto. 2.23 "Roads" shall mean the roads shown on the Plat. ARTICLES DESCMPHON OF COMMON INTEREST COBflMUNTTy 3.1 Maximum Number of Lots. The maximum number of Lots in Roaring Fork Preserve Subdivision is nme (9) suigle family Lots. 3.2 Common El ments. The Common Elements mdude: A. All ditch and water rights appurtenant to or used uponjorm connecdon wiA the Property, mdudmg 51:9% of a 1/4 interest in the Slough Ditch wiA'the water and ditch rights appurtenant thereto. B. AU access, pedestrian, ditch and utUity easements depicted on the Plat ofRoanng FoAPreseive Subdivision and other easementedepirted ^^tTrIto'^8beTo'w"aro 7wMd"are"te^;a^by^sDe<toto^r^^ammonl^l^e^e^ o7^t~6wnersand"their^toten^SSa^ ^r1eJ^Temuce7rovidei;7but'no7forAepubli^ ^e^so^on,St oS^6^ S^Tte ^0*«:wsafoAffi.ans.ted^ti<"1'S?e^S ^"Ae^^men'tand'coniTOl of the Common Elements. of D 0.88 C. AU domesdc water weUs, permits, appurtenant equipment and common water storage tanks for fire protection purposes. 3.3 AUocat d In erests. The undivided interest in the Common Elements, the Common Expense'UabiUty, and votes m the Assodadon aUocated to each Lot Owner'sh^l'be edlocated to each Lot and calculated as foUows: A. the undivided interest in Common Elements, on the basis of an equal interest for each Lot; B. the percentage of UabUity for Common Expenses, on the basis of equal liability for each Lot; and C. the number of votes in the Assoriation, on the basis of one vote per Lot. 3.4 Conve an" ofWafcr Ri h . Prior to the sale of any lots, Declarant shaU transfer "to'theAssociadon by quit daim deed aU water^ and watery rig ^u^m«oAe~^p^describedinSecdon^above.^d^r^wa^3e^^haUbehefdby'-therfAssodation m trust for Ae use and benefit of_Ae^Lot O^mereand'shaUnotbe sold, leased, conveyed or encumbered by the Association. 3.5 Irri ation Water Ri hts. The Declarant obtained by qmt daim deed 51.9%of'a one-quarter (l/4) interest in and to those certam water rights decree^toAe7Slough D*kci;*and''Banmng^t^al decreed inGarfieldCoim^ Colorado^ TO^s v^ateTngi t sh^i'be conveyed^ quit claim deedfromDedai^t ^^^°^i^ediSely^oUowmgAe recordation hereof. The Assodation shaUpaj ^U^ch las^ssmTnte and"shaiTbe'responsible to operate, repair ^dmamtam_sa^^tch^r SeTen^fitofTtteifand'the Lot Owners. 'The Assodation shall use said ir ^htu^AeTmgatio^fdie open space depicted^ "^^^^^alt8ATen^lmtr±e'subdivisro n'andshali coordinate Aeuse^^^^"mdividual'Lots in an amount as may be designated by the Association onryear to year basis. Each Lot Owner wiU observe the following: A. Each Lot Owner shaU adhere to the terms of any water rights decrees and pennits affectmg water service on^dtothe^Prope^and^^^c^g'on"or"camed'£rough die Property, induding carnage rights of other owners of interest in the Slough Ditch; B. Withoutlunitingtheforegoing,theutiUzationofimgationwater from the Slough Ditchsira irbecoordTnatedwitfitheotfaerownereof^^^^eruncgh^^hi^inciude access'easements for pipelines and along ditch rights of way forrepau", cleaning and maintenance; of 44 C. The irrigation system shaU be regulated and OPerated atdl dmes in a manner so as to balance the use of the irrigation water by aU persons entided to the benefit of such water; D. Any capital improvements or modificadons re.c?mre^°^ irrigation system duetoany"changeto residential use made o^ L°^ltou^9^au£el^exd^eTyby"the'Assodation if for Ae benefit of all suchLot^and^less d^^s^chTotswm'beben-efitted,thenpropordonatelybyAe^ ^ ^pi5"imp7ovements or modifications. In no event ?dl_th^re^amm^^e^^TnSes^ in'the'imgation system be charged for such capital improvements or modifications; E. Each Lot Owner shall own and be responsible for all costs,^ UabiUties for ditch laterals which run from such Lot Owner's^pomtof ^e^o7and7onnect'to dieAssodation's disa-ibudon (Utches and any other costs assoaated with use of irrigation water on the Ownefs Lot; F. The Association may estabUsh charges forwater usage based^on consumption such that'theimgations^tem wiU be independendy supported with adequate reserves for capital replacements: G. The Association, upon reasonable nodce, through its agente, shall have fuUand free access at aU reasonable hours to read meters^examlnewatef fadlities;detemune water usage and take other necessary action^ to j^'<^^^rte"nte rf'AeTssocmdon. prove d Aa^m^^^^^, btased"on a'good^faith determination'by the Association, reasonable notice shall not be required, if impractical; H. The Associadon shall have the right upon reasonable notice, to shut off or curail diversions of irrigation water for violation of these Covenants or any Assodation mles. 3.6 Easements. Easements for aU existing irrigation ditches over and across the Property siSl'be'recogniz~ed and maintained as shown on the^ftnal Plat ^fa^SZS^S^S^^ww^~^»^_^m^^uteuM^o7e^menB7°ads^any^ttoeffedvdy^Y^w^er^a^^^^^im^on^^oTfimn^ pond ontheindrvidu^Lots^/J^te ^"teu Tu5ecrt o'AenghtofAe A»oaadon» »^tmft ;P"^.^tain;^ruca^placeu^terS'ditches.'-Such lateral ^tchesmaybe{o^tef^^^sSaZ ^Tb^iToTon'e'or »°~"'°^Lo? anSwherem.ealhof.Al^ ^sl^^aid"l^do~ndoesnotUDreasonaUymtrfere_<»A^dngto^^s^r^u^nug^^apm^)"or1ie7lacementof^^S^Tf^SeTo^AuTot 6'wners'shaU own Aeir Ix>ts subject to the right of the / 1/2B82 s of 44 R 228.M D 0.1 Bl P134 _.".. XELD CO co Assodation's abUity to constmct, operate, mMntain and repair lateral dkches^to convey Slough Ditch water across their Lots. All ditch easements shaU be ofawidA of"forty-'(4oTfeet, twenty (20) feet either side of centeriine unless odlerwlse k Tlie urigation easement depicted on the Plat at the entry into the property i^m'Co'unty Road 100 shall include the right of the Association to construct and inamtam entry features, indudmg signage, ponds, fencing and landscaping. 3.7 Pond. Each Lot Owner may file for and obtain water nghts and an augmentadonlpiSfora pond to be located on his Lot. Such pond may be fiUed with Ac Slough Ditch and Banning Lateral and/or groundwater'attheLotown?r^,!oie discretion and cost. In the event that the pond is to be fUled with die Slough Ditch, 5ie Lot Owner shall be subject to aU other senior water rights in said ditch and shall be entitled to use said structure only in the event that there is existing excess capacity indiedit diat'anytime without enlargement of the ditch structure. Such ponded water right shall be owned by the individual Lot Owner and thatLot owner shau b^ solely responsible for Ae operation, maintenance, repair and rePlacement of^sa^ pondattheLotOwnefs sole expense. The construction' mstall^tlon andu^eof^d .Lot or other property of the Association. The SnTtrucdon, mstaUadon and use of said pond shall not interfere with any other Lot wAerommon'open space or other property of the Associadon. No Lot Owner shall be allowed to interfere with or changeAe natural or Aen exisdng water drainage channels'or the flow of water or groundwater as it exists or enters any other person's ^, mdiout the consent of the Associadon, which consent shall not be SmrSonably'mdiheld. Before constmction, such Lot Owner shaU^ obtain an ^igineermg-analysis certified by a registered professional engineer which addresses sadsfactorUy all possible effects of building the pond and storing water as to any other'Lot owner^ Such report shall be provided to the Assodation for its review before'constiucdon may occur. The Assodation shall have sixty^O) days to renew and~provide comment'and suggesdons to the Lot owner- The Pond consttucted to allow water to circulate or continuously flow through to prevent water stagnation"AdditionaUy, the pond shall be fiUed fromtimetotime,in_°[der,to nSn^n'the'water level and thus the aesthetic quality of the pond as to other Lot Owners. 3.8 Roa Acce s. The roads depicted on the Plat for access to Roaring Fork Preserve'Subdivision to be known as Poiiderosa Pmes Way, Weeping WUlows La^e, and WSilver"Spruce "Drive shaU be dedicated to the pubUc by Dedarant_ ^The Assoaation shaUbe responsible for the operation and maintenance of said road^in with other users as set forth in a road mamtenance agreement. Assodation'shaUnot^be responsible for maintenance of private dnves located on any Lot. The Executive Board shaU cooperate with the appUcable traffic and tire contr SfficialZand'shaU'postthe road with required traffic control, fire lane, and^Parun8 regulation signs. Assodation costs of the operadon and maintenance II of 44 Ill p IB.D C TY CO shaU be borne equally by the Lot Owners of Lots 1 through 9 regardless of the length of road serving a particular Lot. 3.9 Rec rd d Easem ts. The Property, and aU portions thereof, shaU be subject to aU easements shown on the recorded Plat affecting the proPerty' or anY portion thereof and to any other easements of record as of the date of the recordadon of this Dedaration. 3.10 tiU Easements. Declarant reserves to Declarant and hereby grants to the Association a general non-exclusive easement upon, across, over, in and under the easeinente as shown and depicted on the Plat for ingress and egress and for instdladon, replacement, repair and maintenance of all utilides, induding, but mrt uimted to, domestic and iirigadon water, sewer, gas, telephone, television and electticai systems. By virtue of tfais Easement, it shdl be expressly pemussible and ! companies providing electrical, telephone and other communication services to mstaU and maintain necessary electrical, communicadons and telephone T/wes, drcmts,^ in the easement. All water, sewer, 8as' telePhone' ekc5cal,"or'communications Unes, systems, or fadlitfes shall be instelled or relocated below the surface of any Property, except for necessary surface facilides^ Such utilities may be instaUed temporarily above ground during construction, if dation. Any utility ec easement shaU i^eite best efforts to install and maintain die utilities provided for mtiiout disturbmg die uses of the Lot Owners, Ae Assodation and Declarant, shall Fite~inst5ladon and mauitenance activities as prompdy and expeditiously as possible; and shaUrestore the surface to its original condition as soon as possible ater'compktion of its work. Should any utility company fornislun8 a semce covered by this general easement request a spedf document, eiAer Dedarant or the Association shaU have, and are hereby given, Ae righTM idauAonty to grant such easement upon, across, over or under any par^of oTall'ofthe Property without conflicting widi the tenns of this Dedaradon. .nus 'easement'shall in no way affect, avoid, extinguish or modify any other recorded Easement on the Property. All service connecdons to primary ut dn du<ingwater curb stops, gas shutoffvalves, electncal transfonners and telephone pedestals) serving each Lot shall be the rcsponsibUity of the Lot Owner. 3.11 Em n Ace ssEasemen . A general easement is hereby granted to all law'enforcement, fire protection, ambulance and all other similar emergency agendes or persons to enter upon the Property in the proper perfonnance of their dudes. 3.12 Maintenance emen . An easement is hereby reserved to Declarant, and erajited to'dieAssodadon, its officers, agents and employees, successors and as^s7upon7aCTOss7over, in and under the Property and a right to make such use 8 -/31/ M: of 44 R 22B.0B 0 fl. 1 P13 IELD H NTY CO of the Property as may be necessary or^appropriate to make emergen cy ^r^oj ^, Assodation is obligated or penmtted to ^uindudrn gu witfiout-ii mitation, any actions in^respec^ the irrigadon disuibution system and individual sewage treatment systems (.isisj. 3.13 Draina e Easement. An easement is hereby reserved to Declarant and aation; its officers, agents, employees, successors and assigns^to ^^^^^^^^^^^^to^^^^'zSlc^^g,^rc ting~oroth^emodifymg^^^^'^^Ms"toSc'd^grpa»m'of^t^e^nge^^^dmca5on7haU'not unreasonably inte^^?nrcS^s^gro r ^e^eme^anmproveme^m^e^ms envelop fo^e"U)tt"~Reasonable efforts shall be made to use Ai^easement_so^as_not to SSs b A'e'usero fdie^Lot Owners, Ae Assodadon and Declarant ^aPpUcaMe, to ^x^tlpSbleFtopro'secuteTuch drainage work ^^^^^^eSe^ce'^e^ns^^es, and to ^toreany_are^e^ed^ ^^l^oL £eccondido7eSdngobefore the work as soon as possible foiling ^h ^rk.^D'edarant'and Declarant agents, employees, successors and assign^mus^t^mi ^baSnl ^writtenapp?o^of the Execudve Board^aml^affe^pmoupel^"cwn^S^ch"appro^s-shaU be obtained^pnor^^^dertaking suchSage work7which~approvals shall not be unreasonably withheld. 3.14 Pedestrian Easem nt. A pedestrian easement forjhe sole benefit of member the^Todationwhich provides access to the RoTgForkRiwrtmsb^n SeZcatedw onAe~sub'^sionPlat: This easement allows ^access to th^B^oTg^k'^r^cen^olandswidun die subdivision. U"l?s_oAerwi^prohib^dby^%~^T^whohaTl7gal'a^» the river ffl^^de^^d^n^d^L^verfishIngfromAe°nve7bank on any property^reqmrcspenmss^^plro'p^owner;eThis'easement may be used by pedestrians only, and use by motor veludes or horses is prohibited. 3.15 Easements Deemed Created. All conveyances of any part of the Propertymadeu afte7the~date~oftIusDeclaradon,whetebyD^^^^^^^^5 b^conTmiedto grant and reserve die easements ^ntBmedmdus^dd^3^^ul^n^spl edfiucre?erenceto'such easements or to this Dedaradon appears in the instrument for such conveyance. ie of 89: D 0.BB P137 IELD ARTICLE 4 THE ASSOCIATION 4.1 Formadon of As oda 'on. The Association shall be a nonprofit Colorado corporadon charged with the duties and invested with the powers prescribed by law and as set forth in its Articles, Bylaws, Ais Dedaration and the Act. The Assoriation shall be a master assodation acting in the capadty of an association described in Section 38-33.3-301 of the Act and may exercise aU of the powers described in Section 38-33.3-302. Neither the Artfdes nor Bylaws of the Assodadon shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Dedaradon. 4.2 Membership. Every person, by virtue of being a Lot Owner and while such person isaLot Owner, shall be a member of the Association. Membership shaU be appurtenant to and may not be separated from ownership of any Lot. No Lot Owner, whether one or more persons, shall have more than one membersUp per Lot owned but all of the persons owning each Lot shall be enrided to rights of membership and use and enjoyment appurtenant to such ownership. The Assoaa- tion shaU be a membership association without certificates or shares of stock. The membership of the Assodation shall at all times consist exdusivelyofall Lot Owners. Membership in the Assodation shaU automatically terminate when a Lot Owner ceases to be an owner of a Lot. 4.3 Authority. The business affairs of Roaring Fork Preserve Subdivision shall be managed by the Execudve Board of the Association, and such officers as the Executive Boaxd may elect or appomt in accordance with the Artides and Bylaws as the same may be amended from time to time. The Assoaation by and through die Executive Board shaU govern and manage all Property conveyed or leased by Dedarant, other than the individual Lots, the Common mements and any other Association property and shall enforce the provisions of this Declaration. 4.4 Powers. Ttie Association shall have all of the powers and authority permitted under die Act necessary and proper to manage the business and affairs of Roaring Fork Preserve Subdivision. Such powers shall indude, wiAout limitation, levying Assessments against Lot Owners, imposing a lien on Lots for any unpaid or uncollected Assessments or penalties, and foredosing any such liens, enforcing any deed restrictions and covenants, acquiring, holding, owning, leasing, mortgaging and disposing of property, the adoption of rules and reguladons, the defendmg, prosecudng or intervention in litigadon on behalf of all members, the borrowing of monies for Assodadon purposes and the right to pledge future income in order to secure such borrowings. The tenn "pledge of future income" shall indude the right to impose a Special Assessment for repayment of such borrowings and to assign such Spedal Assessment (and all lien and collecdon rights appurtenant thereto) to the 10 n » D 8.1 M3 1 l_. 11 FIB.D COt CO lender as security for repayment thereof. The Assodadon shall also have the power to enforce all provisions of this Declaration, mduding without limitation, Articles 8.10 and 8.11 hereof. The Assodadon may exercise any other right, power or privilege given to it expressly by this Dedaradon, the Articles and Bylaws, or by the Act, and every other right, power or privilege reasonably to be implied from the existence of any right, power or privilege given to it herein or reasonably necessary to effectuate any such right, power or privUege. 4.5 Dedarant Contr 1. The Declarant shall have all the powers reserved in Section 38-33.3-303(5) of the Act to appoint and remove officers and members of the Execudve Board as defined in the Arddes and Bylaws until the conveyance by the Dedarant of six (6) of Ae nine (9) Lots, anything in the Act to the contrary notwithstanding. Dedarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termmation of the foregoing period of Dedarant control, but in that event, the Dedarant may require for Ae duration of the period of Dedarant control that any acdon specified in the document by which Declarant voluntarily surrenders such rights be approved by tfae Dedarant prior to any such action becoming effective. 4.6 Assodation Rules. The Association may from time to time adopt, amend and rep^aTrules and regiilations to be known as the "Roaring Fork Preserve Homeowners Association Rules" by a majority vote of the Executive Board. The purpose of the Association Rules shall be to implement, supplement or otherwise carry out the purposes and intentions of this Dedaration. Rules shall not be inconsistent with this Declaration. 4.7 Umited Uabili . A. Except as otherwise provided m the Act or this Declaration for Executive Board members and officers appointed by the Dedarant, neither the Association nor its past, present or future, ofificers, directors, nor any other employee, agent or committee member of the Assodarion shall be liable to any Lot Owner or to any other person for actions taken or omissions made except for wanton and willful acts or omissions. Without limit to the foregomg, the Association and the Execudve Board shall not be liable to any party for any acdon or for any faUure to act with respect to any matter if the acdon taken or failure to act was in good faith and without malice. Acts taken upon the advice of legal counsel, certified public accountants, registered or licensed engineers, architects or surveyors shall conclusively be deemed to be in good faith and without malice. To the extent insurance carried by the Assodation for such purposes shall not be adequate, the Lot Owners severaUy agree to indemnify the Association or Executive Board against loss resuldng from such action or failure to act, provided that the Association and the Execudve Board acted or failed to act in good faith and without maUce. Any Executive Board member or officer of the Assodation appointed by the Dedarant as 11 8M 31/28B2 B9: _: B R 22B.B0 D B.0B Pl H IELD COU co provided for herein shall exercise in the performance of their duties the standard of care required of fidudaries of the Lot Owners. 4.8 sodation Reconis. The Association shall mamtain financial records sufficient to enable the Association to carry out its responsibilities under this Declaration and to comply with Ae requirements of the Act. All finandal and other records shaU be made reasonably available for exaimnation by any Lot Owner and such Lot Owner's authorized agents. 4.9 Associ donContrac . To the extent the Executive Board so elects, the Assodation may enter into or accept the assignment of contracts to provide functions or services for the benefit of or relating to the Roaring Fork Preserve Subdivision. Such contractual obligations may be provided by the Assodadon's employees or an independent contractor retained by the Association. To the extent provided m any such contract, the Executive Board shall charge and collect any fees or reimburse- ments provided by such contracts. 4.10 Other Ass nation F nctions. The Association may undertake, to the extent the Executive Board in its sole discretion so elects, to provide funcdons or services for the benefit of aU, or some. Lot Owners on such basis as the Executive Board may reasonably detemune. Such fanctions or other services maybe provided by the Assodation's employees or an independent contractor retained by the Association. 4.11 Notice to Maintain. A Lot Owner shall immediately report to the Assodadon, in wridng, the need for any maintenance, repair or replacement which is the Association's responsibUity to provide. In the event of any disagreement as to the need for or the responsibility of the Association to provide the said mamtenance, repair or replacement, the good faith dedsion of the Execudve Board shall be final. 4.12 M chanics'Ue . Dedarant shall be responsible for the release of all mechanics' Uens med with respect to the Assodation property, or any part thereof, if any such Hens arise or are'alleged to arise from labor performed or materials furnished at the instance of Declarant, its agents, contractors or subcontractors. Except as the result of labor performed or materials furnished at the instance of the Execudve Board, no labor performed or materials furnished with respect to Assodation property or Lots shall be the basis for filing a lien against any Association property. No labor perfomied or materials furnished at the instance of the Execudve Board shall be the basis for fiUng a lien agauist any Lot. 4.13 Certain Provisions Re ardin soda 'on Pro e . Property Conveyed or Leased by Dedarant and any other Assodadon property, including but not limited to. Common Elements, the Roads, pedestrian and utility easements shaU, at all tunes, 12 ..f 13 Of -r-r\ _.^ D e.w GftRFXELD . TY CO be owned, operated, maintained and exercised by the Assodation consistent wiAAe provisions ofdusDeclaradon, the Plat and the Act and mtrust for Ae use' l n^efit and enjoim ientofLot Owners endded to such use, benefit and enJ°yment and Aeir famiiy'members, guests and invitees. The Assodation may not convey or subJect^° a security interest any real property owned or leased by the Association without die prior wntten consent of surty-sbc and two-thirds percent (66%%) °^aulft owne^andwiAregM-dtoany such conveyance or security interest shaU otherwise comply with the provisions of the Act. 4.14 Votine. Except as otherwise provided in this Section 4, a Lot Owner shall have one (1) vote aUocated of each Lot owned and the affirmative vote of a m^ority of the total of all Lot Owners consdmdng a quommm Person^r by Proxy and'entitled to vote on any matter shall consdtute approval of such matter unless a different number is required on a particular matter by the Act, this Dedaration, the Artides or Ae Bylaws. Where there is more than one Owner of a Lot, the several record Owners of such Lot shaU be required to designate, by prior written notice to tiieAssodation.Ae particular Lot Owner who shall cast the votes appurtenant to that Lot."-if the severaf Owners of any Lot are unable or unwUUng to designate a particular Lot Owner to vote, then the membersMp appurtenant todiat Lot shall not be entitled to vote on any Assodation affaus until such designation is made. 4.15 uorum. A quorum is deemed present throughout any meeting of the Association if members entitled to cast (or proxies entitled to cast) fifty percent (50%) of the votes of the Association are present at die beginning of die meedng- If, however, such quorum is not present or represented at the meeting, die members endded to vote at the meeting mil have power to adjourn the meeting from time to time7without notice other than announcement at the meeting, undl a quorum is present or represented by proxy. ARTICLES COVENANTS FOR COMMON EXPENSE ASSESS .NTS 5.1 Cr ation f sodation Uen and P rsonal Obli adon to Pa Common ense'Assessm nts and S e 'al ense Asses ments. Declarant, for each Lot, hereby covenante, and each Lot Owner of any Lot, by acceptance of a deed dlerefor' wheAeror not itshaU be so expressed m any such deed, are deemed to covenant and agree to pay to the Assodadon annual Common Expense Assessments and ^Peaal Expense Assessments. Such Assessments, indudmg fees, charges, late char8es> attorney's fees, fines and interest charged by the Assoriation shall be Ae Pe"onal obUgadon'of the Lot Owner at the time when the Assessment or other charges becSne'or fell due. Two or more Lot Owners of a Lot shall be jointly and severally liable for such obligations. The personal obligation to pay any past due sums to the Association shall not pass to a successor in title unless expressly assumed by them. 13 14 of < W: 4fl Bl ^J P141 , D 0.B0 GflRFIELO . I < The Common Expense Assessments and Spedal Expense Assessments of the Associadon shall be a continumg Uen upon tfae Lot against which each such Assessment is made. A Uen under this Section is prior to all other Uens and encumbrances on a Lot except: (a) liens and encumbrances recorded before the recordation of the Declaration; (b) a first Uen Security Interest on the Lot recorded before the date on which the Common Expense Assessment or Spedal Expense Assessment sought to be enforced became deUnquent; and (c) liens for^real estate taxes and other governmental Assessments or charges against the Lot. This Secdon does not prohibit an action to recover sums for which this Secdona-eates a lien or prohibit the Assodadon from taking a deed in lieu of foredosure. Sale or transfer of any Lot shaU not affect the Assodation's Uen except that sale or transfer of any Lot pursuant to foreclosure of any first lien Security Interest, or any proceeding in lieu tfiereof, mduding deed in Ueu offoredosure, or cancelladon or forfeiture shall only exdnguish the ^sodation's lien as provided in die Act. No such sale, transfer, foreclosure, nor cancelladon or forfeiture shall relieve any Lot Owner from continuing'liability for any Common Expense Assessments or Special Expense Assessments thereafter becoming due, nor from the lien thereof. 5.2 A ortionment of Common en es. Common Expenses shaU be allocated and assessed against Lots on an equal share for each Lot. 5.3 P ose of As essments. Assessments levied by the Associadon shall be used exclusively to promote the health, safety and welfare of the resident of Roaring Fork Preserve Subdivision and for the improvement and maintenance of the Common mements, including, but not Umited to: taxes and insurance on the Conunon Elements, reserve accounts, the cost of labor, equipment, materials, management and supervision, the salary or fee of any manager, utilities, transporta- don, professional fees and other customary charges. 5.4 Annual Ass ssmen Comm cement of Common ense Assessments. Common Expense Assessments shall be made on an annual basis against all Lots and shaU be based upon the Assodarion's advance budget of the cash requirements needed by it to provide for the administration and perfom^nce of its dudes during such.i^sessment year. Common Expense Assessments shaU be payable in monthly insaUmenK and s'haU begin on the first day of the monA in which conveyance of the first Lot to a Lot Owner other than the Declarant occurs. 5.5 Effect of Non-Pa nt ofAssessmen . Any Assessment, charge or fee provided for in this Declaration, or any monthly or other mstallmentt:hercof'whlch is not fully paid within ten (10) days after the due date thereof shall bear interest at tfie rate as determined by die Executive Board. A late charge of up to ^five percent (5%) of each past due installment may also be assessed thereon. Further, the Association may bring an action at law or in equity, or both, against any Lot Owner 14 of - »D fl.t pi42 n m-soo 1ELD C CO personally obligated to pay such overdue Assessments, charges or fees, or monthly or other instaUments thereof, and may also proceed to foredose its Uen agamst such Lot Owner's Lot. An action at law or in equity by the Assodadon against a Lot Owner to recover a money judgment for unpaid Assessments, charges or fees, or monthly or other instalhnents thereof, may be commenced and pursued by die Assodation without foredosing, or in any way waiving, the Assodation's lien. The deUnquent member shall also be Uable for aU costs, mdudmg attorneys' fees, wluch may be uicurred by the Assodadon in collecting a delinquent Assessment. The Executive Board may also record a Notice of Delinquent Assessment or charge against any Lot as to which an Assessment or charge is delinquent. The Nodce shall be executed by an officer of the Execudve Board, set forth die amount of the unpaid Assessment, the name of the delinquent Lot Owner and a description of the Lot. The Assessment Uen may be foreclosed by the Association in the same manner as a Mortgage on real property. The Assodation shall be endded to purchase the Lot at foreclosure. The Execudve Board may establish a fixed fee to reimburse the Association for the Associadon's cost in preparing and recording such notice, processmg the delinquency and recording a release of said lien, which fixed fee shall be treated as part of the delinquent Assessment secured by the Assessment Uen. The Associadon may bring an action at law agamst the Lot Owner personally obUgated to pay the delinquent Assessment and/or foreclose the lien against said Owner's Lot. No Lot Owner may waive or otherwise avoid liability for the Assessments provided for herein by non-use of the benefits derived from Assessments or abandonment of his Lot. No deUnquent member shall be entided to vote on any Association matters until Ae Assessment due, with interest and all other costs, shall be paid in full. Where Assessments due from any member are more than six (6) months delinquent, the Assodadon may temporarily cut off any or all Assodation services or benefits, undl aU deUnquent Assessments are ftilly paid. 5.6 Workin Fund. The Assodation or Dedarant shall require the first Lot Owner of each Lot (other than Dedarant) to make a non-refimdable payment in the minimum amount of $2,500.00 per Lot to the Association, which sum shall be held, without mterest, by the Assodation as a "working fund." The working fund shall be collected and transferred to the Assodation at the time of dosing of each sale by Dedarant of each Lot and shall be maintained for the use and benefit of the Association. Such payment shaU not relieve a Lot Owner from makmg regular payments of the Assessments when due. Upon the transfer of a Lot, a Lot Owner of same shall be entided to a credit from the transferee for any unused portion of the working fund. 5.7 S e 'al en e As essments. In addition to the Annual Assessment authorized above, the Association may levy, in any Assessment period, a Spedal Expense Assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement, or for 15 8 1- of 220.B8 "4 Bl P143 H ftLSO 0 0.B0 GfiRFIELD COUNTY CO other extraordinary expenses, provided that such Spedal EXPenseAssessment sha11 not exceed Twen^Five Thousand and No/100 U.S. DoUars ($25,000.00) (CTceptin the event'of an emergency where there shall be no such limit). Special Expense Assessments shall be allocated as provided herein. For purposes of this section, the term "emergency" shaU mean any circumstances or set of circumstances which poses an iimninent threat of loss or damage, actual or threatened, to persons or property. Notiuiig contained herein shall aUow the Declarant or the Assodation tfle abm^° ievyaSpeciEdAssessment for the construction of any capitel improvement which the Declarant is required or committed to construct for the Property. ARTICLE 6 DESIGN REVIEW 6.1 D si GuideUnes. The Association shall adopt, estabUsh and pubUsh from time to time Design GuideUnes. The Design Guidelines shall not be inconsistent witfidus'Declaration7but shaU more spedficaUy define and describe the design standards for Roaring Fork Preserve Subdivision. The Design GuideUnes shall ind'ude die requirement that aU residential dweUmgs shaU indudejndividual fire protection sprinklers, pursuant to NFPA Standard 13D, National.Fire protection Association/as the same may be amended from time to time. The Assodadon may also'estabUsh reasonable criteria, mduding, without Uinitation, requirements relating to'desYgn,-scale and color, as the Association may deem appropriate in the interest of preserving die aesthetic standards of Roanng Fork preservesubdivislon-Jnle Design Guidelines may be modified or amended from dme to time by the Associ^t3on "C'ompliance'widi the'Assodation's Design Review process shallnotbe a subsdtute for'cSmpUance with applicable governmental building, zoning and subdivision reguiadSns~Each Lot Owner shaUbe responsible for obtaining all approvals, licenses and pennits as may be required before coinmendng construction. 6.2 Desi Review. The Assodation shall review, study and either approve orreiectproposed Improvements in Roam with'tfurD eciaradon and the Design Guidelines. In any Design Review, the Assodationsh^iTexCTdse its best judgment to see that all Improvements conform and harmonize with any existing structures as to external design, quality and^type constraction, matenals, color, location of Improvements, height, grade) rionand aU aesthetic considerations set forth in this Dedaration and in Ae Design Gmdeiines. The Association's exercise of dlsCTetion maPPro^alor ^appro?al of plans, or with respect to any other matter before it, shaU be conclusive and binding on all parties. 6.3 De i Review Procedures. The President or other execudve officer of the Assoaadon shaU preside over aU meetings for Design Review and shaU provide fo'r reasonable nodceto each member of the Assodation before any such meedng. 16 Ill 17 of /31/2BB2 89: 4 R 22®.00 D 9.W B13 P144 U.SDORF GftRFIELD -m Y CO The notice shall set forth the time and place of the meeting, and notice may be waived by any member. The affinnadve vote of the majority of the members of the Assoaadon constituting a quorum either in person or by proxy shall govern its actions and be dae act of the Assodadon. A quorum shall consist of a majority of the members. Any applicant member seekmg a Design Review nevertheless shaUbe entided to vote on any action or dedsion. The Association may avail itself of techmcal and professional advice and consultants as it deems appropriate. The Assodadon shall make such rules as it may deem appropriate to govern such proceedings. 6.4 Preliminary Approval. Lot Owners or other entides who anddpate constructing Improvements on Lott shall be provided with the Design GuideUnes and shaUsubmit preUminary sketches with a site plan of such Improvemente to Ae Assodadon for informal'and preliminary approval or disapproval. AU prelimmaiy site and architecmral sketches shall be subnutted in at least four (4) sets, and shall contain sufficient general infonnation on those matters reqmred to be in the coinpiete architectural and site development plans and specifications to allow tfae ^soaation to act intelligently in giving an infonned prelimmary approval or disapproval. Persons contemplating Ae purchase of any Lot may submit preUmin^ sketches with site plans for purposes of obtaining an mformal approval hereunder. TheAssodadon shaU not be committed or bound by any preliminary or informal approval or disapproval. 6.5 Final A roval. At least four (4) complete sets of the architectural and site development plans and specifications shall be submitted to the Assoaation along widi'a complete list of all materials and colors to be used. All copies of die complete plaiis'and spedfications shaU be signed for identification bythe L/)t own,CT_or,1?! architect. The Associadon shaU have the right to request whatever additional spedfic information, plans, specifications, reports and the Uke it deems necessary to evaluate the development proposal throughout the approval and construction process. The Assoaation shaU certify to the Lot Owner, in writing, when the submittal is complete. intheeventtheAssoaation fails to take any action within sbcty (60) days after four (ifcopies of the complete architectural and site development plans, specifications, mater£ls-and colors have been submitted to it and the submittal has been certified in writing by the Assodation as complete, all of such submitted archl?c^'^p ans shall be deemed to be approved. TheAssodation shall not unreasonably disapprove architectural plans. The Assodation shall disapprove any architectural and^ site development plans submitted to it which do not contain suffident infonnadon for it to exercise the judgment required of it by these covenants. 6.6 Buildin Pennit. A Lot Owner of a Lot may apply for a building permit from the County at any time; provided, however, the Lot Owner shall have first received fmal approval'of plans pursuant to the Design Guidelines and the plans 17 18 of A " -- 0 B e 1 "^ ^1 IELD COUNTY CO submitted to the County shall not differ m any way from the plans approved by the Assouation^ ffthe'plans submitted to the County differ in any way from the plans approved by Ae^sodation, aU approvals of the Association shall be deemed automatically revoked. 6.7 Variances. Subject to any restrictions contained in the governmental resolutions approving the Roaring Fork Preserve Subdiwsion or any other applicable cownEmts'or'restrictions, the Assodadon may, by an affinnadve vote ofsbrty six and two^tiiirds (66-2/3%) of the membere of the Assodation consdtuting a quorum either inpersonorbyproxyat a meeting of the Association, allowvanances as to any ofAe architectural conttols contained in this Declaration and/or policies or rules by the Assodadon, or contained in the Design GuideUnes, on such terms and conditions as it shall require. Further, any matter requiring a vanance from Comity land use, building or zoning regulations shall also require an approval from the Association. 6.8 General ^ta^"VAe. The Assodadon shall evaluate, among other things: ~(i) the materials to be used on the outside ofbiiildings or structure^ ^ ScteSor'colore, '(iu) harmony of architectural design with other structures within the Roaring Fork Preserve Subdivision, (iv) height and other design feature^ ^v)location wiA respect to topography and finished grade elevations, (vi) harmony of I'andscapmgwiAthenatural setting and nadve vegetation, and (vii) consistency with the Design Guidelines. 6.9 Rules and R adon . The Association may promulgate and adopt rules and regulations necessary to implement these covenants. These^rules and regidationsmayindude submission requirements concemmg die tyPe Ofmform^tion' re^orK,~pra ns"and specifications and the Uke which need to be submitted,with^any iicarion'or site spedfic Umitations. By way of illustradon only and without iSqmrement~to-do so, the Association rules and regulations may address ,and.Ae Soaaiion shall have'the power and authority to regulate any or all of the foUowing: s; charges by any outside professionals or oSer'costs'inadent to evaluating any application, bonds in die form of cash deposit, fetter'of'CTedit or otherwise regarding damage to Roads or other subdivision Infrastmcmreand for revegetation and restoradon of lands; color and materials, inciuding,'but not Umited toTroofs, chunneys, siding, masonry and S^^K setbacks, height'Umitations, building profiles and driveway locadons; cons^ction ste^n8. consQnction hours which may be controlled during certain times of the year, storage for consttucdon materials, locadon of temporary construcdon fadlides such as trailers, dumpsters and toilets; routing of utility extensions; drainage, grading and erosion conttol; landscape and vegetation, fencing, lighting, signage, and trails; concerns or objectives regardmg maintenance of agricultural lands and preservation of'vnidiife;" and privacy aaid visual characteristics. Such rules and regiiladons shall 18 19 of J".. D e. pl" H flLSOORF IELD COUNTY CO be adopted, amended or replaced by affirmadve vote of a maJority of Ae_membere oftfi7^sso^tion-constimtmg a quorum either in person or by proxy at a meeting of the Association. 6.10 Wri en Re ords. The Assodadon shall keep and safeguard complete and pemmnent'written records of ^approved applications, ^udingone_setof,the 'architectural and site developmeM plans,^ and of aU acdons alpprwJoi:disapprovai and aU other formal actions taken by it under the provisions of this mstrument. 6.11 Ins e tion and Corn liance. The Assodation shall have no duty or oblieationto make inspections of any construction; however, nothing lierem; aationfrom makmg mspecdons prior to or after compledon. Upon £rcolmpTedo"nofa7yworkforwhichapprow^ Ae lot'Owner shaU"give written notice of completion to the Association i notice, the Assods ^ennS'e ta"Jcompliancewith-Ae approved plans. If the Association finds that die ^oT^'was'not*'done~m"substanti^ compliance with the approved plans or jny ^struc°tionor change in natural conditions on any Lotw^undertakenwiAou^Brst o'bltahungapprovai~fromAssodation, written notice shaU be sent by Ae^ecutive Bo^rdTo&suS'Lot Owner spedfying the noncompliance and requuing the LotOwier .L If die Lot Owner fails to cure the noncompUance or to enter into^an agreement to cure'on'a basis satisfactory to the Association widiin saiddiirty (30) daypeno^or re xtension thereof as may be granted, the Execudve Board may, aHtt_option, ^sFthFnoncomplying improvement to be removed or thenoncompUanre^be c^ed.u:The'Lot'0^ner°sha& be assessed the costs and exPenses iacurred_byj SsSado^iiTtayng"correctiveacdon, plus all costs incurred, mdutoig^onable s; fees and costs as a Special Assessment which, without waiver of Sghtl o7remedy^may-be"coUected as an Assessment Uen. The Lot Owner shall be personally Uable for aU such costs and expenses. 6.12 Desi Review enses. The Assodadon shall have the right to charge a reasonable fee for each appUcation submitted to it for Design Review, ;n an amount whiA"may'be established by the Assodadonfrom time to time, andrecoverj ^eausonablL e' co'ste"ande^ensesof any technical and professional advice required^ pcropuerty"lronsiderd ie"appiicadon and to generally defray the expenses of the Assodation for this purpose. 6.13 Umitation fUabiU . The Assodadon shall use reasonable judgment in accepting oTrqecting plans and specifications^ubnutted^ittoD^gn^e^NeTAeit'Ae6 Associaticm,rDedarant;nor any officer. Executive Board_memb^r mcdi^uaT*Ass'ociadonmanber,shaU be liable to any person for any act of i 19 20 of /31/ R 228.. 89. 4fl D B._- Pl 7 IEU) COUNTY CO Association concerning submitted plans and specificadons, except for wanton and wUlful acts. Approval by the Assodadon does not necessarily assure approval by any governmental authority having jurisdicdon. Notwithstanding Assodation approval of plans and specifications, neitfier the Association nor any of its members shall be responsible orUable to any Lot Owner, developer or contractor with respect to any loss, liabUity, daun or expenses which may arise because of approval of the construcdon of the Improvements. Neither the Executive Board, tfae Assodadon, nor Declarant, nor any of their employees, agents or consultants shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved m accordance with the provisions of the Declaradon, nor for any structural or other defects in any work done according to such plans and spedficarions. ARTICLE 7 CONSTRUCTION AND ALTERATION OF RO .NTS 7.1 General. The Design Guidelines and the provisions set forth m these Covenants shall govern the right of a Lot Owner to construct, reconstmct, refinish, alter or maintain any Improvement upon, under or above any of Roaring Fork Preserve Subdivision, and to make or create any excavation or fill on Roaring Fork Preserve Subdivision, or make any change in the natural or existing surface contour or drainage, or install any utility line or conduit on or over Roaring Fork Preserve Subdivision. 7.2 Anproval Required. No Improvement in Roaring Fork Preserve Subdivision shall be erected, placed, reconstmcted, replaced, repaired or otherwise altered, nor shall any construcdon, repair or reconstmcdon be commenced until plans for such Improvement shaU have been approved by the Assodation; provided, however, that Improvements and alteradons which are completely within a structure may be undertaken without such approval. 7.3 S dfic R uirements for Buildin s. Subject to governmental reguladons, no buildings shaU be placed, erected, altered or permitted to remain on any Lot other than one (1) building containing a single famUy dwelling, one (1) attached or detached garage, and one (1) other non-residential outbuUding other than a garage not exceeding one thousand five hundred (1,500) square feet. The use of all buUdangs must be uses by right or condidonal or spedal uses approved pursuant to the zoning reguladons of the Coiuity. All bmldings shall be located whoUy within the buUding envelope designated for a Lot as depicted on the Plat. The building size of the buUding containing the principal dwelling on any Lot shall not be less than three thousand (3,000) square feet nor more than seven thousand (7,000) square feet, exclusive of all areas udUzed for garages and open porches. No structure of any kind shall be more than twenty-five (25) feet above natural grade. New construction on each Lot wUl indude plumbing fixtures using low water use 20 21 of 44 : 4fl D 8. P148 H ft . . FIELD COUNTY CO y. All Lots wiU utiUze white or earth tones forerterior surfaces and non^- ^fleLctiw6 roofiiigiMteriak7~AU construction materials shall be new; CTC£PtforJJle lmuteduse~o7anti-que treatments, fixtures and accessories. No building or stoicture oriSnalfy'constructed at another location shall be moved onto^any^Lo^SIla?d^Ss^JbTumited"tosevenAousandfi^^ feet per Lot. 7.4 Dom sdc Water. Domestic water shall be supplied to each Lot by a domestic wate^weU'dnUed by the Declarant. The Declarant has obtained a domestic vrate7weUpennit for each Lot in the Subdivision, and has drilled a domestic water well on each Lot piirsuant to said permits. 7.5 Ownershi and U e of WeUs an ^A ^enan facilities. ^The Assoaation wTllownAe water rights and the weU permits for thebenefkofA^ Sawn^i"of*ali'LoiB."The"mdividuaJLot Owners using the weU shaU own Ae^^ faal£es,"pump7meter and aU individual storage tank and pipelmes^Each^OwnCTs?Sll be'the"s5e*owner~of Miy fadUties used solely by that Lot. The "idividual_Lot Owners benefitted by any weU shall be solely responsible to operate,^ mamtem, S; and replace die weil, pump, dstem, and water service lines. TlieAssoaation shSIbeaiioweda" reasonable right of inspection and right ofmgress and egress to and within each Lot for the purpose of inspection or adinuustration or^J^ofuindn/idu^ weUsTn accordance with the BWCD, well pennit and any ^^quenrplairfo7augmentadon decreed as ^same^may_b^a^e^ded^ma^o3ance mA the Articles, Bylaws, and Rules and Regulations of the Association, and in accordance with these Protecdve Covenants. 7.6 0 eradon M . tenance and Re air Costs. Au. OPeration'mamte' nance,'replacement and repair costs assodatedwith^nyweU^diegump^me^s^age^kL andTssod^ed7a^idesfor^ AU Lot Owners shall be^solely responsible ^rptteucStsTfm"aintenance,'operadon, repair, and replacement ofanyfadUdes u^d that party, induding individual service Unes and storage^tMi^^ Association shaU be responsible to complete and pay the costs of any maintenance Son,"repair"repTacement, or improvement of conmion^facU^dmt^itd^eSs isrnecessa^~ln-the'event that the Assodadon does not complete ^y ured maintenance; repair, replacement, or improvement, any user en'dded* to~undertake the maintenance, repair, replacement ^ or improvement ^eTs^ryandA essential for'proper functioning of the coinmon faaUtie^^dshaU ^ entitled to'reimbursementfor'the proportionate share ofthecoststhat,shou bome'by~fhe-other users. Each weU owner shaU be responsible to maintain repair his own well and fadlities. 21 I.II 22 of - ' .AL" D B.00 IH-0 cou .-r .» - - - - 7.7 Initial enses to Install Pum Meter and Common Pi lines. The wells have been~dnUed by Declarant. However should Dedarant choose not install a pump, meter or odier common fadlides necessary for the use and oPeration ofa welLaYot Owner shaU at his sole cost install aU other workings as may be necessary. InSvidual Lot Owners shall install and maintain at their sole e^ense such measuring 'on'wells senddng their Lots witfain the Roaring Fork Preserve as may be £ed~by the Division Engineer to allow for the operation o^ Ae augmentation. Such measunng devices may include totalizing flow meters on individual wells. 7.8 Us of Wat r. The Owner of each Lot shall be entided to usewater from its respective well for one residential unit, seven thousand five hundred (7'500) ^feetof imgadon each. Lots 3 through 8 shaU be entitled to have up to^two horses per Lot'and Lot 9 may have up to four (4) horses. An iumtOTguerst'house~may be buUt on Lots for which an accessory.dwellinSumtha^ been"ap°proveZAU "such uses shall be made in accordance with the terms and coiididSnsofdie well permit. Each Lot Owner shall be endded to use so much of the water'from die well as that party needs so long as diversions from the weU at no tune exceed the maximum allowed by the well pennit. 7.9 Waste. No Lot Owner shall waste water, and each Lot Owner shaU exerdse prudence and conservation in Ae use of water in order to allow for the effident and benefidal use of Ae well on his Lot. 7.10 Additional WeUs. The Assodation shaU aUow any Lot Owner to drill an individual weU for his own use for his own Lot at his sole expense. In the event Aat an mdividud Lot Owner wishes to drill his own well, such Lot Owner shaU file and obtain a weU permit and an amendment to the BasaltWater Conservancy District contract(and to bifurcate the contract into separate contracts ) and an augmentotion ai^'iFnecessaiy, at his own expense. Such new well shall be nolessttmnone hundred~(100) feet away from ^1 other wells in the subdivision. AULOtomlere iiereiaw^ve their nght to have the well drilled at least sue hundred (600) feej: from die existing weils. Each Lot Owner shall execute a waiver of six hundrtid ^o)foot spadng for tfae Division of Water Resources to allow for the issuance of a well permit for the new well. 7.11 B al Wat r onservan District ontract. A Basalt Water Conser- Disttict~(BWCD)-Contract has been obtained and is in full force and effea rion water for the wells. The Association shall pay^all costs ol said conttact'on an annual basis and shall abide by the terms < contract. The contract shall be owned by the Assodadon. AU Lot Ovmers shall be to'payAeir pro rata share regardless of water use. ^The Basalt Water Conservancy District wUl prepare and file an; 22 Ill 11 23 of -n " 22B.( 09: D e.M benefit of the Assodation. Such costs wiU be charged to the Assodation and die Assoaation shall pay said costs to ensure the continued legal viability of the augirTentarion plan. 'In the event that the BWCD derides tfiat it wiU no longer file said augmentadon plan and that each individual subdivision or ovmer shall be responsible to file its own plan, the Assodation shall be responsible to file said plan of augmentation and obtain a final decree at its own cost. 7.12 W tewat r Treatment. Wastewater treatment shall be suppUed to each Lot by individual sewage treatment system C"ISTS") inst alled by each Owner in accordance with the ISTS Design and Performance Standards set forth in Arride 8.10 and maintained by the Association in accordance with the provisions of the ISTS Ma~intenance Plan'set forth m Ardde 8.11. The Assodadon shaU be responsible for setdngaii rates, fees or charges for inspecting, maintaining and repairing each individual system and such rates, fees or charges assessed by the Association^against each Lot for such inspecdon, maintenance and repair shall be a personal obUgation of AeOwner thereof which die Associadon shall have die power and duty to enforce. 7.13 Fire lac s nd Stove . In order to protect agamst air quality degradation from the utilization of solid fuel burning devices, no open hearth soUd ftiel fireplaces shall be allowed. There shall be no restrictions on the number of naturaYgas burning fireplaces or appUances. Each dweUing unit wiU be allowed one (Dnewwood-buming stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder. 7.14 Wildfir Prevendon. The guidelines of the Colorado State Forester for wildfire prevention as presently specified in the pamphlet tided^Wildfire Protection in the WUdland Urban Interface" prepared by the Colorado State Forest Service (C.S.F.S. #143-691) or any successor document shall be followed in the construction of all future Improvements. 7.15 Fences and Hedees. The type and locadon of all fences and hedges will be subject to the approval of the Design Review Committee prior to instaUation. Only wooden fences shall be pennitted withm Ae Property, with Unuted exceptions for small gardens, kennels, play areas for sinall children or otherwise and only in drcunstances where a wooden fence would not serve the required purpose. Barbed wirefenang shall be prohibited. The Design Review Committee shall consider the effect on wiidUfe activity prior to approving any requested fendng. Wood fencing shall not exceed forty-two (42) inches in height, shaU not have more than two (2) honzontai poles with spacing of at least eighteen inches (18") between rails and wiA tfae'bottom raU at least twenty-four inches (24") above the ground. No fences or hedges shall be constructed, grown or maintained on any Lot higher than sue (6) feet above ground level, but this restriction shaU not apply to pado fences attached to 23 :/31/" 89. 4ft 24 of 44 R 220.08 08. P__l H f^-s- IELD COUNTY CO dweUings. Outside storage of hay shaU be in an endosed game-proof fence eight (8) feet in height. 7.16 Fence Alon Ro . Notwithstanding the provisions^ of Ardde 7.8 above. aULot Owners shall be required to instaU along the portion of each Owners [o^whCTe'adjacent to pubUc roads spUt rail cedar fencing with ttoee ^ ^nsistCTt'wiAthe'type^of fencing installed by the Dedarant at the entry into the Subdivision from County Road 100. 7.17 Fences for Ho es. In the event that any Owner of Lots 3 through 9 wishes to have horses on said Ownef s property, prior to any horses being brought ontoAe property, the Owner shaU construct a boundary fence, i asA ma7brn ece7saiy-to^dequately and securely keep the horae(^) inside Aej^ and on the Owner's property. The Assodatic ^e to beused'm conjunction with wooden fendng on those Lots where horses are kept. 7.18 emoval of Nonconformin Im r vements. The Association, after reasonable nodce to the offender and to the Lot Owner, may rcmoye anyjmProve- mCT^co^tTucted/reconsmicted, refinished, altered or maintained violating these Covenants, and the Lot Owner of the Improvement shall ir Association for aU expenses incurred in such removal. 7.19 Tr^anrlT^ndscaping. There shall be no significant cutting or altcnng of Uve trees or bushes or natural vegetation growing on any Lot, and no ping thereof except as may be authorized m writing by the Assoaation, ^ a^Ao^atiSnThaU not'be unreasonably withheld unless as required by Garfield ^o7fire'protecdon. No irrigated yard and_garden arca sh^ exceedsewn dio^andwfivehmidred777500) square feetmsize. To theextemrc^^^^ aU'outside yard and garden irrigation shaU utilize irrigadc Ditch. ARTICLES PROPERTY USE RESTRICHONS 8.1 General Re triction. The Property shall be used only for the private residential and other purposes as set forth m these Covenants^as^ the same may^l ame~nde"dfromtimeto^me, as permitted by the appUcable regulations of Ae county Sl G^fieldand"the'laws~ofAe State of Colorado and the_ United States, or other I covenants affecting all or any part of the Property. Notwlthstana- ;die^ foregomg,'business activities assodated wiA Ae sale of Lots or residences ro^utmcted£theSon~shaU~be'allowed. In addition and subject to any applicable governmental regulation, m-home businesses or occupations not mvo 24 II .5/31/2BB2 M: R 22B.ee o e.. BU Pl 2 H flLSDORF MRFIELD CO nsion of services for customers or use of employees on site (other than the Lot Swners)"shail be aUowed, provided such acdvities are conducted solelywithm^an enclosed sfructure and do not create or result in any nuisance or any unreasonable, unwMranted or unlawful use or interference with public or private rights, including, but not limited to, unreasonable or unwarranted use or interference with roads, excessive traffic, increased parking requirements, or any other offensive or noxious acti^ties. led and breakfast operations shaU not be pennitted. This secdon shall not be consmied to prohibit property caretakers or personal assistants being employed on the Property. 8.2 No Furth r Sub'vision of ts. No Lot described on the recorded Plat of Roaring Fork Preserve Subdivision shall ever be further subdivided mto smauer Loteoi'coweyed-or encumbered in any less than the full dimensions as shown on the recorded Plat'of Roaring Fork Preserve Subdivision; provided, however, conveyance o7dedications of easements for utiUties may be made for less than all of one Lot. Notwitfistaiidmg the above, a boundary line adjustment by Lot Owners between two Lots'shSfbe'pennitted provided that:' (a) the approval of the Assodation,and Ae County is first obtained; (b) the Lot Owners desiring such adjustment shaU payrealonabiecoste'incident thereto, induding preparation, approval and recording of aii-amended Plat as may be required by the County and Declarant. 8.3 V hides. No trucks, trail bikes, recreational vehides, motor homes, motor coaches, snowmobUes, campers, trailers, boats or boat trailers, or similar vducies(oAerthan passenger automobiles or pickup or utility trucks with a capadty of~one~ton or less) or any other vehicles shall be parked, stored, or in any manner kept or placed on any pardon of the Property, except forvehideswhichjlrf, kePt;n aii enclosed garage or screened endosui-e. This restriction, however> shau not b^ deemed to prohibit commerrial and construcdon vehides, in the ordinalycours^of business, froinmaldng deliveries or otherwise providing service to the Property or for approved'consmicdon by Dedarant or Lot Owners. No Lot Owner or odierpereon shaUbe pennitted to operate snowmobiles or motorcycles which are not ] to be driven on public roads. 8.4 Excavation r Fill. No excavation or fill shafl be made except in connection with Improvements approved as provided in these Covenants. Any such exravadon or ffll must be approved in advance by the Association. For ] du7section,~t<excaTOdon" shaU mean any disturbance of the surface of the lan (atcept'todie extent reasonably necessary for approved landscape Plantmg^ SutamYremoval of earth, rock or other substance a depth of more dian eighteen inches (18") below the natural surface of the land. For the purposes of this Section, ::fili"'shfllfmean any importation and placement of earth, rock or other substance a herg ht^of'more-tfaan eighteen inches'(18") above the natural surface of the land. 25 11 8 of 09: D B. It... -. 3d . . IELO COUNTY CO Nothing contained herein shaU be constmed to duninish the abiUty of the Lot Owner to smooth out the existing unduladons of any Lot. 8.5 ErosionandVe tadonContr 1. The surface of the Property, indudmg all Lots, shall be maintained in a condidon wluch wUl minimize the nsk of soil erosion and weed infestation. All excavations, fills and other construcdon which disturb the existing vegetadon shaU be revegetated with weed free seed and mulch. Any disturbed area on a Lot shall be fully restored by the Lot Owner. 8.6 Signs. No signs of any kind shall be displayed to the public view on or from any portion of the Property, except ordinary real estate sale signs, signs approved by the Assodation, or signs required by law. 8.7 Anim s nd Pe . Except as provided in Ardde 8.8, no aiumal, livestodc or poultry of any kind shaU be kept, raised or bred on any Lot, except Aat iiotmore than one (1) dog, two (2) cats, and other typical smaU household pets, such'as birds and fish,'shaU be allowed. The following spedal requirements apply to the dogs pemiitted on each Lot: A. Each dog shaU be kept under the control of the Lot Owner and on a leash at all times when outside a fenced area or stmcture and shaU not be permitted to run free or to cause a nuisance on the Property. B. No dog shall be allowed to bark excessively, which is defined as barkmg more or less continuously during any fifteen (15) minute period. C. Each dog shaU be leashed or kept in a humane kennel or run at aU times. Metal chain link fencing will be allowed for the purposes of kenneUng a dog7 The location and style of each kennel shall be subject to review by the Design Review Committee. A kennel shall be mstalled prior to issuance of a Certificate of Occupancy for any Lot if the Lot Owner possesses a dog at such time and, in any event, prior to the introduction of a dog on any Lot. D. All Lot Owners shall keep dogs reasonably clean and free of disease and all Lots shall be kept free of animal waste. E. Should any dog chase or molest deer, elk, poultry or any domestic animals or persons, or destroy or disturb property of another, the Association may prohibit the Lot Owner from continumg to keep die offending dog on" such Owner's'Lot. If necessary, to protect wildlife or other Owners' domestic amm^s, persons or property, the Assoaadon may take additional steps, including the unpomidment of the offendmg dog. Except in an emergency or as provided by law, A?0wnerofan offending dog shall be provided written notice of such acdon at least 26 II -I II .- -'"L ". - Ml y» of 44 R 220.00 D B.Bfl - Pl , n . . FIELD COUNTY CO five (5) days before disposal occurs. Such nodce shall be posted on die front door of die residence of the Owner of the offending dog. Within such five (5) day penod, Ae offending dog may be kenneled at a licensed kennel with all costs incurred by the Assodarion assessed against the Owner. F. The Associadon shall assess and enforce penaldes against Owners violating the restrictions applying to dogs as foUows: One Hundred Dollars ($100,00) for Ae first violation. The fine shaU be increased by One Hundred Dollars ($100.00) for each succeeding violation. In addition, the Assodadon may impose fees for dog registration or other dog control services, unpose regulations regarding the keeping of dogs on any Lot, and levy fines against Owners who violate this Covenant or any of the reguladons promulgated hereunder or subsequently by the Assodation. The schedule of fees and fines established shaU be sufficient to recover all of the costs of this animal control program on an annualized basis. 8.8 Horses. Up to two (2) horses may be kept on Lots 3 through 9 and up to four (4) horses may be kept on Lot 9, subject to the terms of these Covenants and any rules established from time to time by the Association. The Lot Owner ofany Lot with horses shaU be solely responsible for keeping the horse(s) on the Lot Owner's Lot and for any damage or injury caused by said horse(s) if off of said Lot. 8.9 Draina e. No Lot Owner shall do or permit any work, constmct any Improvements, place any landscaping or suffer the existence of any condition whatsoever wUch shall alter or mterfere with the drainage pattern for Ae Property, or cause any discharge onto any adjacent property, except to the extent such alteration and dramage pattern is approved in wridng by the Assodation and any other affected property owner. 8.10 IT Desi and Performance St d d . Each ISTS instaUed withm the Property shall comply with the following requirements: A. Each system shaU be designed by a professional engmeer registered in the State of Colorado pursuant to C.R.S. 12-25-111 (1999). The recommended supplier of ISTS systems is: Cromaglass Corporation P.O. Box 3215, 2902 North Beach Road WUliamsport, PA 17701 (570) 326-3396 - phone (570) 326-6426 - fax email: mailinfo croma las .corn Web Site: www.cromaglass.com 27 . 28 of . L.N J W^1/2C__ 89^ __ .L--. R 220.08 D 0.W GftRFIELD SDORF co B. Each system design shall adequately address the soil percolation conditions present at the Lot site, which percolation rates shall be verified through appropriate on-site testing; C. Each system shall be designed to adequately sendee at least four (4) bedrooms; D. Each system design, through die incorporation of recirculating trickling filter, sequencing batch reactors and/or other accepted on-site wastewater treatment system technologies, shall be capable ofprodudng effluent quality which meets or exceeds the requirements of the United States Environmental Protecdon Agency for secondary wastewater treatment (30mg/L BOD and 30 mg/L suspended solids; E. The tops of all tanks or risers extending therefrom shall be surface accessible to fadlitate system testing and maintenance; and F. all absorption fields shall be sized to adequately service four (4) bedrooms. Trench segments with at least sue (6) feet of separation shall be used whenever pracdcally feasible. A minimum of three (3) similarly sized trench segments should be installed with alternating values or a distribution box that allows isolation of each segment. Monitoring pipes shall be installed at the far end of each trench segment to allow inspection of field condidon. If a bed must be utilized, single dosed zones shall be acceptable. If mounding is required to establish four (4) feet of suitable soil, a single pressure dosed zone shall be acceptable. If a bed or mound is used, a minimum of two (2) monitoring pipes shall be installed at the far end of the bed or mound. Following ISTS installation, each Lot Owner shall provide the Assodation with as-built drawings depicdng, in relation to the other Improvements on the Lot, the location and dimensions of the ISTS facilides, induding the absorption field and monitoring pipes, all applicable design, operation and maintenance spedfications of Ae system's manufacturer and written certification from fhe designing engineer that the ISTS was installed in conformance with the requirements above stated and all applicable design specifications of the manufacturer. In the event the Association fails to properly implement and enforce the design and performance standards set forth in this Article 8.10, the Board of County Commissioners for Garfield County, Colorado, and its duly authorized representatives and agents, shall have all the right to enter upon the Property and implement and enforce such standards at the expense of the Assodation or exerdse any other right or power afforded under this Declaration or the Act, induding, but not limited to, the 28 111." 28 of - e.-IELD COUNTY CO initiation of appropriate proceedings in the District Court for Garfield County, Colorado, to compel enforcement of the same. The provisions of this Artide 8.10 shall not be amended or repealed by the Declarant, Association or Lot Owners without the written consent of the Board of County Commissioners for Garfield County, Colorado. 8.11 1ST Man ementPlan. A. In order to ensure that each ISTS installed within the Property is inspected on a regular basis and properly maintained, the responsibility and authority for such inspection and maintenance shall be vested exdusively within the Assodadon. This management plan is not intended to provide for common ownership of the ISTS's or to provide common funding for the construcdon, repair and maintenance thereof, such ownership and responsibility for construcdon, repair and mamtenance to remain with the Lot Owner. B. In accordance with the above, the Association shall: (1) retain at all times, the services of qualified personnel holding, at a minimum, a Class C wastewater treatment operator's license issued by the Colorado Department of Health and Environment to inspect the ISTS's and to perform all maintenance and repairs necessary to ensure that same arc mstalled properly, remain in good operating condition and comply with the performance requirements set forth within Ardde 8.10; (2) inspect the operating components of each ISTS within thirty (30) days of being placed ui operation; thereafter, each ISTS shall be inspected at least quarterly; (3) test the BOD and TSS content of the effluent being discharged by each ISTS at least biannually; and (4) maintain at all times written or other pennanent records documenting the date each ISTS was inspected or tested, the results of such inspecdons or tests and the extent of aU maintenance and/or repairs perfonned. All documents maintained by the Association pursuant to this provision shall at all dmes be avaUable for inspecdon by the Lot Owners and/or authorized representadves of the Garfield County Department of Buildmg and Planning. C. The following provisions shall apply in the event the estimated maintenance or repair costs required of any ISTS exceed $1,000.00 in total during any one calendar year: 29 30 of D e.ee P 57 H IELD CO co (1) the Assodation shall give the Lot Owner written notice of the nature and extent of the work necessary, to return the ISTS to good operating condition and/or bring the ISTS System within the performance requirements set forth within Article 8.10; and (2) within thirty C30) days of receipt of such notice, Owner shall, at his or her own expense, cause to be completed, the repairs set forth within thenotice. In the event Owner fails to complete such repairs within this time period to the satisfaction of the Assodadon, the Association shaU have the authority, in addidon to any other remedy provided within this Dedaradon or the Act, to take any of the following acdons: (a) to impose against Owner, a fine not to exceed $200.00 for each day in which the System remains unrepaired; and/or (b) to discontuiue domesdc water service to Owner's Lot; and/or (c) to complete on behalf of the Owner the required repairs to the ISTS. All costs incurred by the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Lot, upon demand. All unreimbursed costs shall be a lien upon the Lot until reimbursement is made. The Hen may be enforced in the same manner as a lien for an unpaid Assessment levied in accordance wifhArride 5 of this Dedaration. D. In the event the Assodation fails to properly implement and enforce the provisions of this management plan set forth in this Ardde 8.11, the Board of County Commissioners for Garfield County, Colorado, and its duly audiorized r^)resentatives and agents, shall have aU the right to enter upon the Property and implement and enforce such provisions atAee^enseofthe Assodation or exerdse any other right or power afforded under this Dedaratioa or the Actinduding, but not iimited to, the imdadon of appropriate proceedings m the District Court forGarfield County, Colorado, to compel enforcement of the provisions of this management plan. E. The provisions of this Article 8.11 shall not be amended or repealed by the Declarant, Assodadon or Lot Owners without the written consent of the Board of County Comniissioners for Garfield County, Colorado. 8.12 Sani don. No trash, ashes, garbage, rubbish, debris or other refuse shall be thrown, dumped or allowed to accumulate on the Property. There shaU be no~buming of refuse^ Each Lot Owner shall provide suitable receptades for the temporaiy'storage and coUecdon of refuse. All such receptades shall be screened 30 /31/ Bl 31 of 44 R 220.B0 D fl. from the public view and protected from wind, animals and other disturbances. Each Lot shall be kept in a reasonably sanitary condition, free of offensive odors and protected from rodent and insect infestations. 8.13 Tern o tructures. No temporary stmctures shall be permitted except as may be detennined to be necessary during construction and specifically authorized by the Assodation. 8.14 T wers and An nnae. No towers or exterior radio, television and communications antennae shall be permitted without the prior written consent of the Association. Dish receivers in excess of eighteen inches (18") in diameter shall be screened from view. 8.15 Outside Bumin . There shall be no exterior fires, except barbecues, outside fireplaces and braziers. No Lot Owner shall permit any condidon upon such Lot Owner's Lot which CTeates a fire hazard or is in violation of fire prevendon regulations. 8.16 Noise. No exterior speakers, horns, whistles, bells or other sound devices, except security devices, shall be placed or used on any portion of the Property. Lot Owners shall not pemiit any noise or disturbance on their respecdve Lots which is offensive, disturbing or otherwise detrimental to any other person. 8.17 Odor. No odor shall be emitted from any Lot which is noxious or unreasonably offensive to others. 8.18 Uehdng. All flood lighting, security lighting or oAer kmd of high intensity lighting shall be directed downward and toward the interior of the Property and otherwise shielded to prevent glare on adjacent Lots or outside the Property. 8.19 Obstructions. There shall be no obstmction or interference with the free use of the roadway, water system or any easement, except as may be reasonably required for repairs. The Associadon shall promptly take such action as may be necessary to abate or enjoin any interference with or obstmction of any easement. The Association shall have a right of entry on any part of the Property for Ae purposes of enforcing this Section. Any costs mcurred by the Assodation in connection with such enforcement shall be assessed to the persons responsible for the mterference. 8.20 Service Fadliri s. All clothes Unes, storage tanks, equipment, service yards, wood piles and similar service fadlides shall be screened by adequate planting or fencing so as to conceal same from other Lots, adjoining properties, and roads. Any refuse or trash contamers, utility meters or other facUities, service areas, or 31 .-,4 - 32 of R 22B. fl Bl Pl D 0.BB GffltFXELD flLSDORF TY CO storage piles shall be endosed within a structure or appropriately screened from view by planting or fencing approved by the Assodatfon and adequate to conceal the same. No lumber, metals, boat materials, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Lot, except building materials during the course of construction and only for such reasonable periods of time as is necessary prior to their collection or disposal, or except as are screened by adequate planting or fencing so as to conceal the same from oAer Lots, adjoining properties, and roads. 8.21 Maintenance f Lands a in . Each Lot Owner shall keep Ae landscaping situate on such Owner's Lot in a neat and well maintained fashion, shall properly imgate the lawns and other planting on such Lot, and shall otherwise maintain die appearance of such Lot in a first class condition. 8.22 Continui of onstmcd n. All Improvements commenced on Ae Property shall be prosecuted diligendy to completion and shall be complete within twelve (12) months of commencement, unless an exception is granted in writing by the Assodadon. 8.23 Hunti and Fir arms. Firearms shall not be discharged on the Property and no hunting shall be allowed. 8.24 Nuisances. No obnoxious or offensive activity shall be carried on within the Property so as to unreasonably interfere with or disturb the use, enjoyment and access of any other occupant of the Property, nor shall anything be done, permitted or placed thereon which is or may become a nuisance or cause an unreasonable offense, embarrassment or disturbance or annoyance to otihers. 8.25 Corn liance With ws. Subject to the rights of reasonable contest, each Lot Owner shall promptly comply with the provisions of all applicable laws, regulations and ordinances with respect to the Property including, without limitation, all applicable environmental laws and regulations. 8.26 Unde o d Utili lines. With respect to the new construcdon of any Improvements within Roaring Fork Preserve Subdivision or the extension of any utilities, all water, gas, electrical, telephone, and other utility pipes or lines within the Umits of Roaring Fork Preserve Subdivision shall be biiried underground and not be carried on overhead poles or above the surface of the ground. Any area of natural vegetation or terrain in Roaring Fork Preserve Subdivision disturbed by the burying of utility lines shall be revegetated within twelve (12) months of compledon of any Improvement by and at the expense of the Lot Owner or Owners causing the installation of the utilides. 32 II II 33 of ,31/201 : Aft B R 220.-- D 0.00 G IELD CO TY CO 8.27 Dust ontrol. The Assodadon shall be responsible for ongoing dust control of the private emergency access roads in Roaring Fork Preserve Subdivision. Individual Lot Owners shall be responsible for ongoing dust control of Aeir private driveways. The private emergency access roads and driveways within Roaring Fork Preserve Subdivision shall be monitored by the Associadon to insure minimal dust pollution. Roads and driveways shall be treated as necessary witfi magnesium chloride or other dust suppressants approved by the Garfield County Environmental Health Department. The Association shaU have the right to treat private driveways and charge the Owner, if the Owner fails to fulfill Owner's responsibility for individual dust control. 8.28 No Minin Drillin or a "n . Mining, quarrying, tunnelmg, excavating, or drilling for any substances within the earth, mduding oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted withm the lunits of Roaring Fork Preserve Subdivision except as allowed by this paragraph. Drillmg for water by the Dedarant, the Association, and any individual Lot Owner or their respective successors and/or assigns, for domestic purposes is hereby Kq5ressly permitted withm the limits of Roaring Fork Preserve Subdivision. 8.29 W cd Contro etatf n Man ement Plan. The Assodation shall unplement and follow a program of noxious weed control which may address the control and eliminadon of Canadian Thisde and other plant spedes induded on the Garfield County Noxious Weed Ust. In general, die weed control^vegetation management plan should coiisist of the following components: A. Prevention and Control. The quick revegetation of disturbed areas with weed free grass seed and the maintenance of native or introduced vegetadon in a healthy, vigorous condidon produdng optimum vegetative densities will leave noxious weeds little opportunity to establish. The use of hay that is certified as weed free is also recommended. B. Inventory. Each Lot should be inspected to identify any infestations of noxious weeds. An accurate record should be kept of the application and success of weed infestation eradication efforts. C. Eradication. Elimination of noxious weeds can be achieved through: (1) Mechanical Controls physically remove the entire weed plant or elimmate the plant's ability to produce seed. (2) Biological Controls rely on organisms (insects or plant pathogens) to interfere wiA weed growth. 33 pl 1 34 of 44 TV CO (3) Chemical Controls use herbiddes to eliminate weeds. Special care must be used with herbicides to avoid damage to desirable plant species and to avoid contamination of groimd water. An effecdve weed management program may involve all three methods of eradicadon as well as a long tenn commitment to prevendon and control. Assistance in the development and implementation of a weed management program is available through the Colorado State University Cooperative Extension Service and from the Garfield County Ofifice of Vegetation Management. It is the individual Lot Owner's responsibility, according to the Colorado Noxious Weed Act and Garfield County's Weed Management Plan, to manage any noxious weeds on his or her property. In the event a property owner fails to effecdvely control noxious weeds on their Lot, the Assodation shall have the right to enter upon any Lot and conduct a weed control program within the area of such Lot. D. Vegetation Management Plan. The Association has obtamed a Vegetation Management Plan for Roaring Fork Preserve Subdivision, prepared by Beech Environmental, LLC. A copy of this plan is available for inspection at the offices of the Assodation. Said Vegetation Management Plan is incorporated herein as if set forth verbatim. The Assodation shall unplement and follow a program of vegetadon management as oudined by said Vegetation Management Plan, as the same now exists or may be amended or supplemented from time to time. 8.30 Water uali Moni orin . Each well shall be constmcted in accordance with the State of Colorado Water Well Construction rules and regula- dons. Water quality tests shall be performed based on applicable Colorado Department of Public Health and Environment and the Environmental Protection Agency standards for service level assigned to each well. As a mmimum, the Assodation wUl select one well within the Subdivision that will be tested on a semi- annual basis for bacteria, nitrates, pesdddes and herbiddes. 8.31 Damage by Lot Owners. Each Lot Owner is responsible for any damage caiised to Roads, ditches, fences, trails, natiiral drainage courses, utilities, Assodadon property, or to other Lots or property thereon during the constmcdon of Improve- ments upon his Lot by any vehicle belonging either to him or any one using the Roads while engaged in any activity benefitting the Lot Owner. Each Lot Owner shall also be responsible for any damage caused by utility cuts in Roads, washouts and runoff damage caused by failure to properly install culverts, and to repair any such damage m a timely manner. 34 /31/ 2 09: 2M. D 0.( B1M 1 GflRFIELD Y CO ARTICLE 9 MAINTENANCE 9.1 ocia 'on's Maintenance Res on ibili . The Assodadon shall maintain and keep the Common Elements in good condition and repair, the cost of which shall be included as part of the Common Expenses, subject to the Bylaws and Assodation Rules. If, due to the act or neglect of a Lot Owner or a Lot Owner's uivitee, guest or any other occupant of a Lot, damage shall be caused to the Common Elements or to a Lot owned by another, then such Lot Owner shall pay the costs of repair and maintenance as may be detennined necessary or appropriate by the Assodation. Such obligadon shall be an Assessment against such Lot Owner secured by die lien provided for in Secdon 5.1 above. 9.2 Lot er* Main enanceRes on ibili . Except as provided odierwise in the Declaration or by written agreement widi the Assodarion, all maintenance of individual Lots, includmg, without limitation, all Improvements, individual sewage disposal systems (ISTS), utility systems and utUity Imes from the point of connection to the common system shall be the sole responsibUity of the respective Lot Owners. Each Lot shall be maintained in a good, dean and attractive condidon and repair consistent with the requirements of a first class residential development. In the event a Lot Owner should fail to keep any utility system (including any ISTS) in good repair, the Association, without limidng any other remedy available under this Dedaration or applicable law, may enter upon said Lot for the purpose of inspecting such utility system and if the Lot Owner refuses to make necessary repaks, the Associadon may do so and the costs of such repairs shall be charged to the Lot Owner and collected pursuant to Article 5 of this Dedaration. Not less than biennially, each Lot Owner shall provide the Assodation evidence of an inspection and necessary pumping of such Lot Owner's ISTS. ARTICLE 10 INSURANCE 10.1 Types of Insurance. The Associadon shall obtain and keep in full force and effect the following insurance coverage, if determined appropriate by the Execudve Board: A. Property and fire insurance with extended coverage and standard all-risk endorsements, mduding vandalism and malicious mischief, on Assodation property. The total amount of insurance, after applicadon ofdeductibles, shall be one hundred percent (100%) of the replacement value of the insured property exdusive of land, foundadons and other items nonnally exduded from property policies. 35 3 of 5/31 R 220. B S9 Pl 3H 0 D 0.00 G FIELD TY CO B. Public liability and property damage insurance, induding medical payments insurance, in an amount determined to be suffident in die judgment of the Executive Board, covering all occurrences commoiily insured against for death, bodily injury and property damage arising out of or m connection with the ownership, operadon, mamtenance or other use ofAssodation propeity, including but not limited to entryway and water features. This policy shall also cover operadon of automobiles or other vehicles or equipment on behalf of the Assodadon. This policy shall extend to the traU system set forth on the Plat. C. Workmen's compensation and employer's liability insurance in the amounts and in the forms required by law. D. Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. E. Coverage of members of the Executive Board and officers of the Association agamst libel, slander, false arrest, invasion of privacy and errors and omissions and other forms of liability generally covered in officers and directors liability polides. F. Insurance against loss or damage to persons or property for ditch or dam failure. G. Coverage agamst such other risk of a sirmlar or dissinular nature as the Executive Board deems appropriate. H. If the msurance described in (A) or (B) is not reasonably available or if any policy is canceled or not renewed without a replacement policy, the Associadon shall prompdy provide notice of any omitted coverage to all Lot Owners either by personal delivery or by U.S. Mail, prepaid. I. The insurance polides required pursuant to (A) and (B) above, shall provide that each Lot Owner is an insured person under the policy with respect to liability arising out of such Lot Owner's membership in the Association, shall waive the right of subrogadon against any Lot Owner or member of his household, and shall provide diat no act or admission by any Lot Owner, unless acting within Ae Lot Owner's scope of such authority on behalf of the Assodatfon wUl void the policy or be a condidon to recovery under the policy. If at the time of a loss under any policy pursuant to (A) and (B) above, there is other insurance in the name of a Lot Owner covering tfae same risk covered by the policy, the Assodation's policy shall provide primary insurance. 36 II D 11 37 .5/31/M 0S: of 44 R 22®.00 D 8.1 Pl_4 FIELD COl co Nothing contamed herem shall limit the authority of the Executive Board of the Assodadon to determine that different, greater, or lesser types of insurance coverage are appropriate for the Assodarion. 10.2 N ed Insured d Interests. The Assodation shall be die named msured under each of said policies. Where appropriate or required by the Act, the named insured shall indude the Declarant and Ae officers and directors of the Associadon. Where appropriate or required by the Act, separate Owners shall also be named msureds. The certificate or memoranda of msurance, duplicate originals of all polides and renewals, and proof of payment of premiums shall be issued to the Assodation, and upon request, to Dedarant and to any Lot Owner who is a named insured or to any eligible Mortgage holder. 10.3 Insurance Proc eds. The Assodadon shall receive the proceeds of any insurance purchased by tfae Association in trust for the Lot Owners and any lienholdere as their interests may appear. Subject to Ae provisions of the Act, in the event of damage or destruction due to fire or other disaster, if the insurance proceeds are sufSdent to reconstruct the Improvements, the Associadon shall promptly cause such reconstrucdon to occur. If the insurance proceeds are not sufficient for such purpose, the Associadon may levy a Spedal Assessment agamst the Lot Owners for such deficiency. Any portion of the Common Elements for which insurance is required under this Section which is damaged or destroyed shall be repaired or replaced promptly by the Association unless: (i) The Roaring Fork Preserve Subdivision is terminated; (ii) repair or replacement would be illegal under any local statute or ordinance govemmg health or safety; (iii) eighty percent (80%) of the Lot Owners vote not to rebuild; or (iv) prior to the conveyance of any Lot to a person other dian Declarant, the holder of a Mortgage on the damage portion of die Common Elements rightfully demands all or substantial part of the insurance proceeds. 10.4 Lot Ownef s Insurance Responsibility. Each Lot Owner shall maintain aU insurance coverage for such Owner's Lot as deemed appropriate by such Lot Owner. In addition, each Lot Owner shall be responsible for insuring all personal property on the Lot, as well as general liability insurance and any other insurance coverage deemed appropriate by such Lot Owner. ARTICLE 11 ENFORCEMENT OF COVENANTS 11.1 ^lolati nD erne aNuisanc . Every violation of this Dedaration or of the rules promulgated by the Executive Board is deemed to be a nuisance and is subject to all the remedies provided for the abatement of the violation. In addidon, all public and private remedies allowed at law or equity against anyone in violation 37 of 3/31/2082 09: R 228.00 D B B13 Pl IELD co of these Covenants shall be available. In addition to all other remedies contained herein, the Associadon shall have the right to impose on any Lot Owner monetary fines for any lack of compliance with provisions of this Declaradon or rules promulgated by the Executive Board and where such fines are not paid within the time provided, such fines may be collected as an Assessment Uen. The failure of the Assodation to insist upon the strict performance of any such provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relmquishment for the future of any such provision or the enforcement thereof. 11.2 Corn liance. Each Lot Owner and any other occupant of any part of the Property shall comply with the provisions of these Covenants and the rules promulgated by the Execudve Board as the same may be amended from rime to time. Failure to comply with these Covenants or the rules promulgated by die Executive Board shall be grounds for an acdon to recover damages or for injuncdve relief to cause any such violation to be remedied, or both. 11.3 Fines. In addition, the Assodadon shall have the right to impose on any Lot Owner monetary fines for any lack of compliance with provisions of this Dedaradon or rules promulgated by the Execudve Board or the Association and where such fines are not paid within the time provided, such fines may be collected as an Assessment lien. The failure of the Assodation to insist upon the strict perfonnance of any such provisions or to exerdse any right or opdon available to it, or to serve any nodce or to institute any action, shall not be a waiver or a relinquish- ment for the future of any such provision or the enforcement thereof. 11.4 Who Ma Enforc . Any action to enforce diese Covenants or the rules promulgated by the Executive Board may be brought by the Declarant or the Execudve Board in the name of the Associadon on behalf of the Lot Owners. If, after a written request from an aggrieved Lot Owner, neither of the foregoing entities commence an acdon to enforce these Covenants, then the aggrieved Lot Owner may bring such an action. 11.5 Non-exdu ive emedies. cumulative and not exdusive. All the remedies set forth herein are 11.6 Non-liabilitv. No member of the Executive Board, the Declarant, the Association or any Lot Owner shall be liable to any other Lot Owner for the failure to enforce these Covenants at any time. 11.7 Recove f Cos . If legal assistance is obtained to enforce any provision of these Covenants, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of these Covenants or the restraint of 38 /31/28B2 i 4R B13,___P1 , M 39 of 44 R~22fl. D B.flB GmFIELD C TY CO violations of these Covenants, the prevailing party shall be entided to recover all costs incurred, induding reasonable attorney's fees. ARTICLE 12 . SCELLANEOUS PROVISIONS 12.1 Severabili . This Declaration, to tfae extent possible, shall be liberally construed or reformed to give validity to all of its provisions. Any provision of this Dedararion found to be prohibited by law or unenforceable shall not invalidate any other provision. Any detemunadon by any court of competent jurisdicdon that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. Where any provision of this Dedaradon is dedared by a court of competent jurisdiction to be contrary to or in violation of the Act, this Declaradon shall be automatically amended to replace such provision widi a new provision, as siinilar thereto as practicable, but which is not contrary to or in violation of the Act. 12.2 Construcdon. In interpreting words m the Declaration, unless the context shall otherwise provide or require, the singular shall indude the plural, the plural shall include the singular, and the use of any gender shall indude all genders. 12.3 Headines. The headmgs are included only for reference and shall not affect the meaning or interpretadon of this Dedaradon. 12.4 Nodce. All notices or requests required shall be in writing. Notice to any Lot Owner shall be considered delivered and effective upon personal delivery, or three C3) days after posting when sent by certified mail, return receipt requested, to the address of the Lot Owner on file in the records of the Assodadon at the time of the mailmg. Nodce to the Assodation or the Execudve Board shall be considered delivered and effective upon personal delivery, or three (3) days after posting when sent by certified mail, return receipt requested, to the Assodadon or the Execudve Board at the address established by the Assodadon from time to dme by nodce to the Lot Owners. General notices to all Lot Owners need not be certified, but may be sent by regular first class mail. 12.5 Waiver. No failure by the Association or the Executive Board to give notice of default or any delay in exercising any right or remedy shall operate as a waiver, except as specifically provided above. No waiver shall be effecdve unless it is in writing signed by the President or Vice President of the Execudve Board on behalf of the Association. 12.6 Am ndmen . Except as otherwise provided by the Act (including amendments by the Dedarant and the Assodadon which are expressly permitted by 39 40 of 09: 4fl 113 Pl S flLSDORF D 0.B8 MR IELD COUNTY CO the Act), dus Dedaration shall not be amended unless at least (i) sixty-six and two- thirds percent (66%%) of the Lot Owners and (ii) fifty-one percent (51%) of the First Mortgagees (based on one vote for each First Mortgage held) have given their prior written approval. Notwithstanding the foregoing, and except to the extent expressly permitted or required by the Act, no amendment may (i) create or increase spedal Dedarant rights, (ii) increase the number of Lots, (iii) change the allocated interests of a Lot, or (iv) change the uses to which any Lot is restricted in the absence of unanimous consent of the Lot Owners. Unless a First Mortgagee provides the Secretary of the Assodadon with written notice of its objection to a proposed amendment within thuty (30) days following the Fu-st Mortgagee's receipt of notice of such proposed amendment, Ae First Mortgagee will be deemed conclusively to have approved the proposed amendment. The term "Mortgage" shall indude a Deed of Trust and the temi "Mortgagee" shall indude a beneficiary under a Deed of Trust. No amendment which conflicts with the provisions of the resoludons for Ae Roaring Fork Preserve Subdivision or the Plat shall be effective. Any instrument amendmg this Declaradon shall be in the form required by the Act and duly executed by the President and Secretary of the Association and recorded in the real property records of the County. 12.7 Tenn. This Dedaration and any amendments or supplements hereto shall remain in effect from the date of recordation until December 31, 2015. Thereafter, these Covenants shall be automatically extended for five C5) successive periods often (10) years each, unless otherwise terminated or modified as provided herein or by the Act. 12.8 Indemni . The Assodation shall indemnify and hold the Colorado Division of Wildlife harmless from any and all clamis for damage to landscaping Improvements, fencing, ornamental and native plants, and garden plants resulting from wildlife. 12.9 Variances. The Association may, by the majority vote of the members constituting a quorum at a meeting of the Assodation, grant reasonable variances from the strict compliance with the provisions of this Declaration in the case of undue hardship or other reasons deemed valid by those voting in favor thereof. The Lot Owners of all of die Lots shall be given at least twenty (20) days advance written notice setting forth die time and place of Ae meeting of the Associadon at which time any request for a variance is to be considered and describing tfae requested variance. Lot Owners or their representatives shall be afforded the opportunity to appear before the meeting of the Association and be heard with respect to the requested variance. 12.10 Bindin Eff ct. Each Lot Owner, his lessees, families and guests, the heirs, successors or assigns of a Lot Owner, or any Mortgagee, and any other persons 40 r ' 41 of nil as. D B.( . "JL..L B13S9 aH BLSDORF GflRFIELD TY CO using or occupymg a Lot, shall be bound by and shall strictly comply with the provisions of this Declaration, the Bylaws, the Arddes, any deed restrictions and covenants and all rules, reguladons and agreements lawfully made by the Associa- Gon. 12.11 Rule a ainst Pe etuities. If any of the terms, covenants, conditions, easements, restrictions, uses, limitations or obligations created by this Declaration shall be unlawful or void for violadon of (i) the rule against perpetiuties or some analogous statutory provision, Cii) the rule restricting restraints on alienation, or (iu) any other statutory or common law rules imposing like or similar dme limits, such provision shall continue only for the period of the life of David McMorris, his now living descendants, and the survivor of them, plus twenty-one (21) years. 12.12 Termination. This Declaration may be terminated only if all the Lot Owners and eligible Mortgage holders agree to such termmation by an executed acknowledged instrument duly recorded in the real estate records of Garfield County, Colorado. This Declaradon shall also termmate in the event of the taking of all of The Roaring Fork Preserve Subdivision by condemnation or eminent domain or abandonment or tenninadon as provided by the Act. Any termination shall be in accordance widi the requirements of the Act. 12.13 Di bursement of Proceeds. Unless otherwise required by the Act, upon the termination of this Declaration all property owned by the Association shall be sold by the Assodation either m whole or m part as the Executive Board may deem appropriate. The funds shall be disbursed without contribution firom one Lot Owner to another by the Association for the following purposes and m ±e following order; A. payment of all customary expenses of the sale; B. paynnent of all applicable taxes and spedal Assessment Uens in favor of any governmental authority; c. property; D. Association; and payment of the balance of any liens encumbering Association payment of any unpaid costs, expenses and fees incurred by the E. payment of any balance to the Lot Owners in the same proportion that they payAssociadon Assessments; provided, however, there shall be deducted from any share due a Lot Owner any delinquent and unpaid Assodation Assessments. 41 42 of 44 31/2W2 : _ 220.0B D B.Cfl II flLSDORF COUNTY CO 12.14 Condemnation of Asso 'ationPro e . If any Association property is taken or condemned by any authority having the power of eminent domain, all compensation and damages on account of the taking of the Assodation property, exdusive of compensation for consequendal damages to affected Lots, shall be payable to the Assodation and such proceeds shall be used prompdy by the Assodation to the extent necessary for repau- and reconstruction of remaining Association property m as substantial compliance to the original plan of development as possible. If there is an award in excess of the amount necessary to so substantially repair or reconstmct such renaaming Assodadon property, it shall, at the Executive Board's discretion, be either refunded or retamed by the Association for such uses as it deems appropriate. 12.15 Condeinnation of Lots. If any Lot or a portion of any Lot is taken or condemned by any authority having power of eminent domain, such taking shall be in the manner provided for m the Act. 12.16 A Jicable Law and Venue. The interpretation, enforcement or any other matters reladve to this Declaration shall be construed and determmed in accordance with the laws of die State of Colorado. Any action to enforce, interpret or otherwise pertaming to this Dedaration shall be commenced in the District Court for Garfield County, Colorado. 12.17 Conflict with Plat. In the event of any conflict or mconsistency between the provisions of this Declaration and the Plat, mcluding the Plat notes thereon, the provisions of said Plat or Plat notes, as the case may be, shall govern and control and this Dedaration shall automatically be amended, but only to the extent necessary to confonn the conflicting provisions hereof wiA the provisions of the Plat, including any Plat notes. 12.18 Pr visi ns Inco rated in Deeds. Each provision contained in this Dedaradon shall be deemed incorporated in each deed or other instrument by which any right, title or interest m any Lot is granted, devised, conveyed or encumbered, whether or not set forth or referred to in such deed or other instrument. 12.19 R ferences to Co tand ds. Wherever m this Dedaradon there is a reference to County land use reguladons, zoning, other County standards, the approval resolutions for the Roaring Fork Preserve Subdivision, any Plats approved by the County or any other federal, state or local rule, law or regulation, such references shall automatically be waived, released, modified or amended, as the case may be, to correspond with any subsequent waiver, release, modification or amendment of such regulations, zoning, other County standard. Plats or any other rule or law. 42 92 99: 3 of R 220.00 D 0.B0 ft. F co . li2JLRl2w!±theuLMld;_Dedarant- for itself'its successors and assigns,h^^&^.Aa^°^to^FOTkpteiOTeTub^^Si^dr^sd^°^±d^Ject.to^p^i°M° stedTOto°~^To°tfaTco^^^ato ns.,con.teinedhercm> andthat the P^"o"shereofThairm n^^l^^ea^^'^^^eu^s^n°w^^ ^21-^TC 5-la^?us-^^T^^ ^,^FOTk,^rese"eJl d>?^on' ^PercedeTand'^'la^ ^"1^^^ ^D^60nolcownan^co^?onst Res^^^^^^2W^Rm^m^ffl3?98^'^~lx^'p^^'^^^^t<^^LTOlte.mriCT<°LG ^eld,com^^ 'Ma~d°>^^'p^'"T^"i^ of no further force and effect. S (S^wnvBss^tm or'the Dedmlnt has execu«!'i ^ Declaration this r ROARING FORK PRESERVE, LLC, a Colorado Umited liabUity company By: l/^ Dave McMorris, Manager STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. The foregoing instrument was acknowledged before me this 3\&V day of .. 2002' byDave MCMorris as Manager ofRoarirPreserve, LLC, a lorado limited Uability company. WITNESS my hand and offidal seal. My connmission expires: ~)-^ 'D^ 5/31/02<::\DataVan\wpdata\RbedocJV(p-prorecdw covenants 3.wpd No Public . h-A^'^' r 43 Exhibit "A" A oarcel of land situated In Government Lote 12 and 13 in Section 35, and In Government Lots 14_and 'Wm Section 36, Township 7 South, Range 88 West of the Sixth Principal eridlan. County of Garfield, State of Colorado, said parcel lying northerly of the northerly right^f-way of Garfteld County Road No. 100, and being more particularly described as follow ; Beginning at the North right-of-way line of Garfield County Road No. 100, from whichthewltne8s corner fw the South quarter corner'of Section 35, a No. 6 rebar found In place bears South 81049'57M West'1416.62 feet (record tie: South 81°55» West 1417.05 feet); thence along said righ^of-way_South 87°28'17" East a distance of 425.14 feet; thence along said right-of-way South 88035'41"_East a distance of154.84 feet; thence along said right-of-way North 88°46'26W East a distance of 310.37 feet to tiieTRuYpoiN T OF BEGINNING; thence North 010 14'34" West a distance of 1206.34 feetto a rabarand »,"PLS #26950^ thence North 67°39'44" West a distance of 478.68 feet to a Po}nt^on^an,ex!8u"8 fen'ce'line being'a rebar'and cap. PLS #26950; thence along »ald fe"ce"ne, rth_OOB 40'07" East a distance o74l5.OT feet to a'reba'r and cap, PLS #26950; thence South 65°12f47" Eaatja dls?nce_of 389"37feet to a rebar and cap, PLS #26950; thence South 78°31'47" East a distance of 82.93 feet to a rebar and~c8p,~PLS #26950; thence South 62°09'01n East a distance of 155.56 feet to a reba^a^.;aP' PLS #26950; thence NorUi660 12'161' East a distance of 185.69 feet to a robar and cap. PLS #26950. thence South'780 29'52" East a distance of 277.46 fwt to a rebar and cap, PLS #26950^ thence South 65;19'05';'iast a distance of 252.12 feet to a rebar and cap, PLS #26950, thence Soutti 890 58^8"Easta dFstance o7420;28~feet'to~a rebar and cap. PLS #26950; thence North 30022'30" East^a di8tance_of 251~43'feetto7rebarand cap. PLS #26950'; thence North 72°44'29" East a distance o^^Wfe;^^a^ba7a'ndcaprP LS'#2695oF'the«ice North a distance of 740.00 feet to a rebar^andcap.^LS #26950^ thence Nortii'89053'497' East a distance of 600.00 feet to a rebar and cap. PLS #18478 at th® Northeast romw of'Government Lot~14 In Section 36: thence South 00°161 36» East a diatanceof_674.92fe8ttothe Southeast'Comer of'Government Lot 14, also being the Northeast corner of Government Lot IS, j South'000 16'36'^East a distance of 1413.08 feet along the easterly line of_sai^Govemment^ot_15^ Ui'e'Northe'astcomer'of thaFparceTof land described Fn Book 763 at Page 727; encethe_followit;gto^ 'courses along'the northerly and westerly lines of those parcels of land described in Page 727 and in Book 765 at Page 933 of the Garfield County Records: 1» South 22°04'22" West 22.78 feet; 2» South 02°38'40" Wast 1 15.26 feet; 3» South 78°59'17" West 220.60 feet; 4) South 81°58'57" West 266.62 feat; 5) North 81 °47'11" West 67.60 feet; 6» North 84°42'S6n West 88.95 fact; 7} North 84°42"56» Wast 114.68 feet; 8) South 79°02'17" West 120.81 feet; 9) North 87°27'14n West 227.54 feet; , 1S02S'16" West M2.83 feet to the northerly right-of-way of GarneMCMMy "oa^w«>^(w '^ncealong'said'rtght.of-way South 88°4SW West a distance of 1029.69 fwtto the TRW POINT OF BEGINNING of 44 R 220.pi7i n .. p IB.D COUNTY 00 II II 703981 08/08/2006 P102 n fiLSDORF 1 of 6 R 31.00D 0.00 GflRFIELD COUNTY CO* JmsILAMENDn NTTO T RESTATED DECLARATION OF (CONDITs7RESTCTS aAND^E^TOJS'?O^^GOTOC^SvE SUBDIVISION ^MJA^T=^S%^2^----. FoT^o^u^=b: S,^e^£.nort^ ho'dera." - '-"*"».«o^ NOTW THEREFORE, the Declaration is hereby amended as follows: 1. The first full sentence of Section 7.3 of the Declaration is hereby amended as follows: siSLto^v!mmentol_re8"latioRS' "o.buildings shall be placed,S^^K^OnE^°^w^?le-fam!lydwe!ling'..one (1> attached or detached garageFand^"ss^^s>AW=°^:t=s^^^r 2. The third lull sentence of Section 7.3 of the Declaration is hereby amended as follows: ^^b? gL^^Tte.dwho"y within the building envelope(s) designated^,ad^t±pic2d.on^e^^18. - v^e(s)Jf-such.location is aPP">v^ by'GarfieTdTountyu lthl ec^cS ^Mi' neiEhb°r"18 'u* """^".Eh. b;~^eI;Z^ 3. Section 8.8 of the Declaration is hereby amended, in its entirety, as follows: 8.8 i,H^S:»ULto?ree_(3) horses maybe kePt on Lots 3 and 4, and up to five^l^Lmly^p\°nLMS5^^?oTS?ol?»^,\to !ie toJlmibi?e^^^lthho"essha11 be s?Iely resPO"sible for keeping the" iiorsefs)"onl"^°r'SH^rd I°^ySS°cm?e^r^s^ffttfc^^Ls io^J^ ^ke?..m^w?nce~dle ^^'Tthe°?o?Ss:; SA^. m "s ^'-.^'"s^f^ "M^z^ 4. The second sentence in Section 7.8 of the Declaration is hereby amended as follows: Ho^elpT^tted..on any Lot.u"der section 8.8 of this Declaration^.ustes well w.^;, If,,,^ l^thTp^iro r'Zc^SSLZ^ ^^ 08/08/2006 03;S9P B1830 M ftLSDORF 2 of 6 R 31.00D 0.00 GflRFIELD COUNTY CO 5. The following sentence is hereby added to the end of Section 7.15 of the Declaration: The offorty-twoinch height limitation, and restriction on number offence rails set forth in this section shall not apply to fences for hones,' 6. The following sentence is hereby added to the end of Section 7.17 of the Declaration: Wood fencing containing horses shall not exceed four (4) feet in height, and not have more than three (3) horizontal poles. ^fl F^mCTdment<may-be executed in mu1tiple countelT>arts> which, when recorded together,instrument. ~ ' ----o-~, Signed by the following lot owners, to be effective as of the date set forth above. LOTS 1 and 2: JONATHAN C. WHITTMAN REVOCABLE TRUST By: LOT 3: Trustee William L. Hutton LOTS 4 5 6 7and8: GENERAL PROPRTY MORTGAGE, INC. is er. Secretary and authorized signatory ^^>^f^ LOT 9: DAVID A. MULKERY FAMILY LIMITED PARTNERSHIP BY: General Partner MORTGAGE HOLDER LOT 9 : Michael B. Gerbaz 08/08/2006 3 of 6 R 31.00 D 0.( STATE OF COUNTy OF P104 n GflRFIELD COUNTY CO ) ) ) The foregoing instrument was acknowledged before me this _ day of as Trustee of the Jonathan C. Whitman'RevocabIe Trust. Witness my Hand and Official Seal. My commission expires: Notary Public 2006 by STATE OF COUNTY OF 3ihc.forc80ingulstnlment was acknowledged before me this _ day of 2006 1 Witness my Hand and Official Seal. My commission expires: STATE OF < couNry OF Notary Public -T^W^ J'htfbrego,'ng inst"unent was acknowledged before me this ^day of<7/lFisher, as Secretary and authorized signatory for GeneraIpro^?tyuMfortga^s Witness my Hand and OfiHcial Seal. My commission expires: .^ Commfsston Expires 02/21/2010 STATE OF ) N Pu lie ,,.^^ ^ .^.""^'";^^/ ^' ^ COUNTY OF '.^. '. . ». ^ ' The foregoing instrument was acknowledged before me this _ day of .2006 I as genera] partner of the David A. Muliceiy Limited PartnershFp" Witness my Hand and Official Seal. My commission expires: Notary Public '^/s-^^ST/^^".,.,^ Msr\\^:/!.'.;l,|Wt"" uKVX^jnULKEY "?'02 73-9- 0984 P. 02 03:59P B1830 P105 n 4 of 6 R31.00 D 0.00 GflRFIELD COUNTY CO STATE OF COUNTY OP ) ) Tie foregoing inrtrument was acfai owled before me Ats_day of as Trustee of the Jonathan C. Whitman Revocable Trost. Witness my Hand and Official Seal. My connniaaion expires: NotaiyPubUc 2006 by STATE OF COIWTYOF %l!Sl.%£S"Inunt was acknowled8ed boftw T A" _ day of ,2006 by Witness my Hand and Official Sea!. My oommiswon expina; Notaiy Public STATE OP COUNTVQF ) ) ) ^foregoing uuttrument wa< acknowledged befiue me this r, aa day of 2006 by Jay for^gage. Inc. Witness my Hand and Official Seal. My coimnisuon cqrires: Notaiy Public STATE OF COUNTY OF waa adcnowledged beftm me &iff^T"dsv o a» general partner of the David A. uik^Ltmtcd .flu^/ di Witness my Hand »d My commission expinss:Wb Notaiy Public ^-2006 by erdtip. I t'"'-'^ TIFFANY t, DARUNe ^.ft*^"^^ Notary Public ^.'^ -^,' , <tat» of Nwada ^" r\- APPT. NO. 04.92»T1-1 . Ootob r04.too» luaujjLiic.ntilfiS @| 002 703981 08/08/200B P106 n BLSDORF 5 of 6 R 31.00 D0.00 GflRFIELD COUNTY CO STATE OF COUNTY OF The fotegomginstnmient was acknowledged before me this_day of 2006 by as Trostee of the Jonathan C. Whitman Revocable Trust. Witness my Hand and Official Seal. My coDunission CTqpires: Notary Public STATE OF kjj u^u) ) COUNTY OF /leUU. ) %^SKin l^twa<^WIed8^beforemethisJo^dayofJ^ ^2006by IAWANOA W. STE N Pubte, Swa MyComir xph So w Witness my Hand and OfScial Seal. My commission expires; l-lfo-D ^&^tv6> lotaiy Public STATE OF COUNTY OF ^Jfcreg£gms?mCTtwasadmowled8pd before me this _ day ofFish^. as Secretoy and authorized signatory for'G^Tpn^ty'M^e. Inc. Witness my Hand and Official Seal. My commission e?q»ues: Notary Public STATE OF COUNTyOF ) ) ) ;medus_day of as general partner oflhe David A. Mulkeiy Limited Partnership" Witness my Hand and Official Seal. My commission expires: Notary PubMc iv-a,*yw&u mujainf.KUlfcS I I J03981 08^08/2006_ __ P107 H flLSDORF 6 of 6 R 31.00 D 0.00 GRRFIELD COUNTY CO' 5. Tlie foUowing sentence is hereby added to the end of Section 7.15 of the Declaration: The offorty-two inch hciriht lmutBtu»n, and restnction on number offence rails set forth in this section shaU not apply to fences for bmsw, 6. The foMowing sentence is hereby added to the end of Section 7.17 of the Declatation: Wood fencing contaming horses shaU not exceed four (4) feet in height, and Ts Fmt Amendment may be executed m multiple countfaparts, wfaich, ^ instrument. ' ' .-------~o> LOTS land 2: JONATHAN C. WHTTTMAN REVOCABLE TRUST By: LOT 3: Trustee WiUiam L. Hutton LOTS 4.5. 6,7^ It. GENERAL PROPRTY MORTGAGE, INC. BY: Jay Fisher, Secretary and LOT 9: DAVID A. MULKERY FAMILY UMTTED PARTNERSHIP BY: , General Paitnw MORTGAGE HOLDER qnr 0). Michael B. Gerbaz ROARING FORK PRESERVE HOMEOWNERS ASSOCIATION SUver Mountain Properties 0326 Hwy 133 Suite 120 Carbondale, Colorado 81623 Telephone (976)963-4908 Facsimile (970) 963-4800 October 11,2019 ...! ...'! RE: ACCESSORY DWELLING UNIT RIGHTS (ADU) Dear Mr. Whitman, TTiis letter serves to inform you that the Board of Directors of Roaring Fork Preserve Homeowners Association duly met on October 10&, 2019 and have approved your propose to transfer fhe ADU rights, currently held with Lot 6, to Lot 2 upon (he successful purchase by yourself of Lot 6. The ADU shall be consfructed on Lot 2 and on the upper level of one of tfae original approved accessory buildings, no additional accessory buildings wiU be allowed. By approving the ADU the Design Review Committee will require a new or amended set of plans depicting such ADU for approval prior to any construction taking place. Sincerely, ' ^1^ . im Finch '"^ ident Roaring Fork Preserve Homeowners Association ^... Roaring Fork Preserve HOA Silver Mountain Properties, Inc Address: 326 Highway 133, Carbondale, CO 81623 Phone: (970) 963-4900 Fax: (970) 963-4800 Email: admin@smprop.com 1 Garfield County Community Development Department 108 8th St. #401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 April 16, 2020 To Whom It May Concern: The undersigned, being all of the owners of the lots in Roaring Fork Preserve, hereby authorize Wood Pearce Nelson, LLC, to act on their behalf to submit an application and obtain approval for an amendment to the Final Plat of Roaring Fork Preserve, specifically to amend Note 10 on the final plat to reflect transfer of the ADU right from Lot 6 to Lot 2 and amend Note 10 to reflect that ADUs shall be permitted on Lots 5, 2, 7 & 8. Lot 1- Owner, Silver Spruce Properties, LLC X Michael Redmond Date Manager Lot 2- Owner, Jonathan C. Whitman Revocable Trust X Name: Jonathan C. Whitman, Trustee Date Title: Trustee DocuSign Envelope ID: 18ADD609-4A6F-44B8-AC99-9A958F7E3EA5 4/17/2020 4/16/2020 Roaring Fork Preserve HOA Lot 3- Owner, William L. Hutton X William L. Hutton Date Lot 4- Owners, Travis & Cresta Stewart X Travis Stewart Date X Cresta Stewart Date Lot 5- Owners, Bradley D. & Elizabeth P. Tucker X Bradley D. Tucker Date X Elizabeth P. Tucker Date Lot 6- Owner, Jonathan C. Whitman Revocable Trust X Name: Jonathan C. Whitman Date Title: Trustee DocuSign Envelope ID: 18ADD609-4A6F-44B8-AC99-9A958F7E3EA5 4/17/2020 4/16/2020 4/17/2020 4/17/2020 4/16/2020 4/16/2020 Roaring Fork Preserve HOA Silver Mountain Properties, Inc Address: 326 Highway 133, Carbondale, CO 81623 Phone: (970) 963-4900 Fax: (970) 963-4800 Email: admin@smprop.com 3 Lot 7- Owner, Karla H. Miller X Karla H. Miller Date Lot 8- Owner, James D. Finch X James D. Finch Date Lot 9- Owner, David A. Mulkey Family Limited Partnership X Name: Date Title: DocuSign Envelope ID: 18ADD609-4A6F-44B8-AC99-9A958F7E3EA5 Owner 4/17/2020 Chris Mulkey 4/17/2020 4/17/2020 MINERAL RIGHTS T I T I I T I T ! T I T I T I t T I t DEC. 8.a@m 4tWPn EH6: 97A 963-g*5 RO EI ERT B EMEREON. P.q NO.e47 P.L/4 r^r( ltTc) ras-aaa ts tevTx THlrEl tr-ai catFNElLf coloi^E 543! {s7ol ear't oo EIOITR' l. EMEF.ON December 8, 2000 VIA PACSIMIIE TO 945.4066 Mr. Roo LlsEon Iaad Desiga Pamrership 918 Cooper Avcnue Glcnwood Spr,ngs, CO 8i60l Dear Ron: nEE/rjj Enclosure Re:Roaring Fork Preserve pneliruinary ptan app[cadon Thu* you foruendirt ,oe a copy of Mark Bean's ie$er of Deocnber 4, 2000. Br$d on my revlerr of thc ritle iosurancc policy for rhis property (a copy of which is endosed), there are uo currcnt mincral dths owncn or Gssees ctri'n{"g aa iallrcst hr rhrr propcdy- The only mincral reeervadon is that contalnod ia .f,e unlted sqtcs patent fEr dte p'roperry, recolded Jrme 1, 1899 i! Book t 2 at page Slt of tniOamJa i;;,y 3cord;. Tl-rel. * no eubsequent individual mioeral righu owners or lccsccs. Thercforc, I do Dot bellal! drat notice ls requinrd to aui oue urulcr s.ate hw. MI y*ffiasdlng was that you were golrs m provide &t with a packet conainiag ttre suDdivision -appllcation aod r€lated doarmcots. I would apgrcciate lt lf pu cor:ld -rlo ro ln tbe uear futurc. Ifyou havc arry questions, plcarc let Ee tnow. Sinccrely, Zald(@ tr<iuRoben B, Ernerson I f I E t E E E E I t T I I E E ffi WOOD PEÂRCE NELSON År'e r._l' 9. &j*lssn" *'¿tz'l'¡ut:t' \&l<ic¡si I't:ztn:<:.e:. Nclsl'm" ï 'L"4'-'. TVí rç:ú âba*l N ;.stttlz;:. : 4)-l ll.51 41.4þ232 ñ:,-rrz.zi,u: r¿i'{rr'l '/r }! t}tl *Ie¿tt."{¡:rxt Ãpnl I7,2420 VIA E-MAIL to: qhartmann@earfield-countv.com Glenn Hartmann Principal Planner Garfi eld County Community Development Re: Supplemental Materials/ContpleÍeness Review First Amended PIat Roaring Fork Presen e (File No. FPAA-03-2A-87I2) Dear Glenn: This letter is in response to several items the County has requested to complete the above- referenced application. In supplement to the application, I address each item in tum below 1. An authorization letter signed by the owners of all 9 lots in Roaring Fork Preserve and confirming consent to submit this application is enclosed herewith . Exhibit 1. 2. Mineral Rights Research. With respect to owners of the mineral estate for the lots in Roaring Fork Preserye, the undersigned has conducted research with respect to the mineral estate and states the following: a. In connection with the original subdivision application for Roaring Fork Preserve" a letter from an attomey was submitted which stated that after review of the title work for the property comprising the subdivision, no separate mineral owners were identified. A copy of that letter is attached as Exhibit 2. b. The undersigned has reviewed the vesting deeds for the subdivision lots, and none of those deeds reveal a mineral reservation or statement indicating that any severance of the mineral estate has occurred subsequent to the original subdivision of the lots and the information contained in Exhibit 2. Based on the foregoing, the mineral estate has not been severed from the fee estate, and each of the owners of the lots in Roaring Fork Preserve also owns the mineral estate. Therefore, after reasonable diligence, the undersigned states that there are no separate mineral owners to whom notice is require. CARBONDALË: 201 MAIN STRÊTT, SUITÊ ]01, CÂRBOND/\L' , Ç,A Yb? } ASPTN: 133 PROSPTCTOR ROAD, SUIIE 41A2H, ASPEN, CA B11611 PHONr '/A.963j'BAA lrAX 97î\yA.A2 3Õ þril17,2020 Glenn Hartmann, Gartield Count*v Commr.rrity l)evelopment Sttpplemental ,lpplication lulaterials - Roat'ittg Fork Preserve ('First Amendntent Ío Final PIat) 3. Article 7 Statement. Article 7 of the Garfield Courty Land Use Code (LUC) outlines standards which apply to all proposed land use changes. This application does not specifically address the standards set forth in Article 7 because it only involves a request to change a plat note regarding an ADU right currently associated with Lot 6 and moving that right toLot 2. Approval of this application will not involve any infrastructure, changes to utilities, access, grading and drainage, etc. in the subdivision. Therefore, Article 7 standards are not impacted by the application. Sincerely Avery S. Nelson Encl CARSONDAL[: 201 MAIN S"l'RÊËT, SUITÊ 301, CARBONDALË, Cô B1ö23 ASPIN: 133 PROSPËCTOR ROAD, SU|TË 4102H, ASPÊN, CO 8161 1 PHONE 970.963.380r I rAX 970.510.0230 Page2 of 2 To: Attn: Fax: Form OE.WEB 06/06 Date Ordered: Order Number Phone: By: Land Title Property Resource Specialist Email: Phone: Fax: Address: LEGAL DESCRIPTION County: Certification Date: OWNERSHIP: Doc Type Doc Fee Date Reference# ENCUMBRANCES AND OTHER DOCUMENTS Item Payable To Amount Date Reference# Cust Ref# This ONE REPORT is based on a limited search of the county real property records and is intended for informational purposes only. The ONE REPORT does not constitute any form of warranty or guarantee of title or title insurance, and should not be used by the recipient of the ONE REPORT as the basis for making any legal, investment or business decisions. The recipient of the ONE REPORT should consult legal, tax and other advisors before making any such decisions. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT. AVERY NELSON 02-20-2020 830632 970-925-1551 21 SILVER SPRUCE DR CARBONDALE, CO 81623 GARFIELD LOT 2, ROARING FORK PRESERVE SUBDIVISION, COUNTY OF GARFIELD, STATE OF COLORADO. 02-07-2020 JONATHAN C. WHITMAN REVOCABLE TRUST WARRANTY DEED $132.50 06-05-2002 604724 NONE SHANON BLANKENSHIP sblankenship@ltgc.com 303-850-4103 ONE REPORT OWNERSHIP & ENCUMBRANCES Land Title Property Resource Specialist Email: Phone: Fax: ADD.DOCS Attached are the additional documents you requested: Doc Type Recorded Reception#/BookPage Reference: Prepared For: LAW OFFICE OF AVERY NELSON AVERY NELSON 21 SILVER SPRUCE DR CARBONDALE, CO 81623 SHANON BLANKENSHIP sblankenship@ltgc.com 303-850-4103 830632 To: Attn: Fax: Form OE.WEB 06/06 Date Ordered: Order Number Phone: By: Land Title Property Resource Specialist Email: Phone: Fax: Address: LEGAL DESCRIPTION County: Certification Date: OWNERSHIP: Doc Type Doc Fee Date Reference# ENCUMBRANCES AND OTHER DOCUMENTS Item Payable To Amount Date Reference# Cust Ref# This ONE REPORT is based on a limited search of the county real property records and is intended for informational purposes only. The ONE REPORT does not constitute any form of warranty or guarantee of title or title insurance, and should not be used by the recipient of the ONE REPORT as the basis for making any legal, investment or business decisions. The recipient of the ONE REPORT should consult legal, tax and other advisors before making any such decisions. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT. LAW OFFICE OF AVERY NELSON AVERY NELSON 04-16-2020 837121 970-925-1551 19 SILVER SPRUCE DR CARBONDALE, CO 81623 GARFIELD LOT 1, ROARING FORK PRESERVE, COUNTY OF GARFIELD, STATE OF COLORADO. 04-03-2020 SILVER SPRUCE PROPERTIES LLC WARRANTY DEED $75.00 01-05-2018 901977 NONE OF RECORD MONY MANNING momanning@ltgc.com 303-270-0452 ONE REPORT OWNERSHIP & ENCUMBRANCES Land Title Property Resource Specialist Email: Phone: Fax: ADD.DOCS Attached are the additional documents you requested: Doc Type Recorded Reception#/BookPage Reference: Prepared For: LAW OFFICE OF AVERY NELSON AVERY NELSON 19 SILVER SPRUCE DR CARBONDALE, CO 81623 MONY MANNING momanning@ltgc.com 303-270-0452 837121 To: Attn: Fax: Form OE.WEB 06/06 Date Ordered: Order Number Phone: By: Land Title Property Resource Specialist Email: Phone: Fax: Address: LEGAL DESCRIPTION County: Certification Date: OWNERSHIP: Doc Type Doc Fee Date Reference# ENCUMBRANCES AND OTHER DOCUMENTS Item Payable To Amount Date Reference# Cust Ref# This ONE REPORT is based on a limited search of the county real property records and is intended for informational purposes only. The ONE REPORT does not constitute any form of warranty or guarantee of title or title insurance, and should not be used by the recipient of the ONE REPORT as the basis for making any legal, investment or business decisions. The recipient of the ONE REPORT should consult legal, tax and other advisors before making any such decisions. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT. LAW OFFICE OF AVERY NELSON AVERY NELSON 04-16-2020 837124 970-925-1551 14 SILVER SPRUCE DR CARBONDALE, CO 81623 GARFIELD LOT 3, ROARING FORK PRESERVE SUBDIVISION, COUNTY OF GARFIELD, STATE OF COLORADO. 04-03-2020 WILLIAM L. HUTTON SPECIAL WARRANTY DEED $49.50 11-17-2004 663588 NONE OF RECORD MONY MANNING momanning@ltgc.com 303-270-0452 ONE REPORT OWNERSHIP & ENCUMBRANCES Land Title Property Resource Specialist Email: Phone: Fax: ADD.DOCS Attached are the additional documents you requested: Doc Type Recorded Reception#/BookPage Reference: Prepared For: LAW OFFICE OF AVERY NELSON AVERY NELSON 14 SILVER SPRUCE DR CARBONDALE, CO 81623 MONY MANNING momanning@ltgc.com 303-270-0452 837124 To: Attn: Fax: Form OE.WEB 06/06 Date Ordered: Order Number Phone: By: Land Title Property Resource Specialist Email: Phone: Fax: Address: LEGAL DESCRIPTION County: Certification Date: OWNERSHIP: Doc Type Doc Fee Date Reference# ENCUMBRANCES AND OTHER DOCUMENTS Item Payable To Amount Date Reference# Cust Ref# This ONE REPORT is based on a limited search of the county real property records and is intended for informational purposes only. The ONE REPORT does not constitute any form of warranty or guarantee of title or title insurance, and should not be used by the recipient of the ONE REPORT as the basis for making any legal, investment or business decisions. The recipient of the ONE REPORT should consult legal, tax and other advisors before making any such decisions. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT. LAW OFFICE OF AVERY NELSON AVERY NELSON 04-16-2020 837127 970-925-1551 6 SILVER SPUCE DR UNKNOWN, CO 00000 GARFIELD LOT 5, ROARING FORK PRESERVE, COUNTY OF GARFIELD, STATE OF COLORADO. 04-03-2020 BRADLEY D. TUCKER AND ELIZABETH P. TUCKER WARRANTY DEED $215.00 11-30-2018 914716 DEED OF TRUST GUARANTEED RATE, INC $1,200,000.00 11-30-18 914717 MONY MANNING momanning@ltgc.com 303-270-0452 ONE REPORT OWNERSHIP & ENCUMBRANCES Land Title Property Resource Specialist Email: Phone: Fax: ADD.DOCS Attached are the additional documents you requested: Doc Type Recorded Reception#/BookPage Reference: Prepared For: LAW OFFICE OF AVERY NELSON AVERY NELSON 6 SILVER SPUCE DR UNKNOWN, CO 00000 MONY MANNING momanning@ltgc.com 303-270-0452 837127 To: Attn: Fax: Form OE.WEB 06/06 Date Ordered: Order Number Phone: By: Land Title Property Resource Specialist Email: Phone: Fax: Address: LEGAL DESCRIPTION County: Certification Date: OWNERSHIP: Doc Type Doc Fee Date Reference# ENCUMBRANCES AND OTHER DOCUMENTS Item Payable To Amount Date Reference# Cust Ref# This ONE REPORT is based on a limited search of the county real property records and is intended for informational purposes only. The ONE REPORT does not constitute any form of warranty or guarantee of title or title insurance, and should not be used by the recipient of the ONE REPORT as the basis for making any legal, investment or business decisions. The recipient of the ONE REPORT should consult legal, tax and other advisors before making any such decisions. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT. LAW OFFICE OF AVERY NELSON AVERY NELSON 04-16-2020 837129 970-925-1551 12 WEEPING WILLOW LN CARBONDALE, CO 81623 GARFIELD LOT 8, ROARING FORK PRESERVE SUBDIVISION, COUNTY OF GARFIELD, STATE OF COLORADO. 04-03-2020 JAMES D. FINCH WARRANTY DEED $57.50 07-05-2007 727192 NONE OF RECORD MONY MANNING momanning@ltgc.com 303-270-0452 ONE REPORT OWNERSHIP & ENCUMBRANCES Land Title Property Resource Specialist Email: Phone: Fax: ADD.DOCS Attached are the additional documents you requested: Doc Type Recorded Reception#/BookPage Reference: Prepared For: LAW OFFICE OF AVERY NELSON AVERY NELSON 12 WEEPING WILLOW LN CARBONDALE, CO 81623 MONY MANNING momanning@ltgc.com 303-270-0452 837129 To: Attn: Fax: Form OE.WEB 06/06 Date Ordered: Order Number Phone: By: Land Title Property Resource Specialist Email: Phone: Fax: Address: LEGAL DESCRIPTION County: Certification Date: OWNERSHIP: Doc Type Doc Fee Date Reference# ENCUMBRANCES AND OTHER DOCUMENTS Item Payable To Amount Date Reference# Cust Ref# This ONE REPORT is based on a limited search of the county real property records and is intended for informational purposes only. The ONE REPORT does not constitute any form of warranty or guarantee of title or title insurance, and should not be used by the recipient of the ONE REPORT as the basis for making any legal, investment or business decisions. The recipient of the ONE REPORT should consult legal, tax and other advisors before making any such decisions. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT. LAW OFFICE OF AVERY NELSON AVERY NELSON 04-16-2020 837130 970-925-1551 TBD UNKNOWN, CO 00000 GARFIELD LOT 9, ROARING FORK PRESERVE SUBDIVISION, COUNTY OF GARFIELD, STATE OF COLORADO. 04-03-2020 THE DAVID A. MULKEY FAMILY LIMITED PARTNERSHIP DATED JUNE 09, 1992 WARRANTY DEED $56.50 03-15-2006 694032 NONE OF RECORD MONY MANNING momanning@ltgc.com 303-270-0452 ONE REPORT OWNERSHIP & ENCUMBRANCES Land Title Property Resource Specialist Email: Phone: Fax: ADD.DOCS Attached are the additional documents you requested: Doc Type Recorded Reception#/BookPage Reference: Prepared For: LAW OFFICE OF AVERY NELSON AVERY NELSON TBD UNKNOWN, CO 00000 MONY MANNING momanning@ltgc.com 303-270-0452 837130 CERTIFICATE OF MORTGAGE CONSENT GUARANTEED RATE, INC., A DELAWARE CORPORATION, BEING THE HOLDER AND BENEFICIARY OF A DEED OF TRUST RECORDED AT RECEPTION NO. 914717 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, WHICH ENCUMBERS LOT 5 AS SHOWN ON THE FIRST AMENDED PLAT OF ROARING FORK PRESERVE, DOES HEREBY CONSENT TO SAID FIRST AMENDED PLAT OF ROARING FORK PRESERVE AND THE RECORDING THEREOF AND TO ALL DEDICATIONS AND RESERVATIONS MADE BY AND UPON SAID FIRST AMENDED PLAT AS STATED IN THE CERTIFICATE AND DEDICATION AND OWNERSHIP SET FORTH THEREON AND DOES HEREBY SUBORDINATE ANY INTEREST THAT IT MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATIONS AND RESERVATIONS TO THE ENTITIES AND INDIVIDUALS WHO ARE THE BENEFICIARIES OF SAID RESERVATIONS AND TO WHOM SUCH DEDICATIONS ARE MADE. DATED THIS____________ DAY OF ___________________________, 2020. GUARANTEED RATE, INC., a Delaware corporation BY:__________________________________________________________________ Name: Title: STATE OF _____________ ) )ss COUNTY OF _____________ ) SUBSCRIBED AND SWORN TO BEFORE ME THIS __________ DAY OF _____________________________, 2020, BY _____________________ as _______________________ of Guaranteed Rate, Inc., a Delaware corporation. MY COMMISSION EXPIRES:___________________________________________ WITNESS MY HAND AND SEAL _________________________________________________________________________ NOTARY PUBLIC This Certificate of Mortgage Consent is recorded simultaneously with and incorporated hereto as part of the First Amended Plat of Roaring Fork Preserve, recorded as Reception Number _________ in the Garfield County, Colorado Clerk and Recorder records. CERTIFICATE OF MORTGAGE CONSENT MARITA MARSHALL, CO-TRUSTEE OF THE JONATHAN C. WHITMAN 1970 TRUST, BEING THE HOLDER AND BENEFICIARY OF A DEED OF TRUST RECORDED AT RECEPTION NO. 927471 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, WHICH ENCUMBERS LOT 6 AS SHOWN ON THE FIRST AMENDED PLAT OF ROARING FORK PRESERVE, DOES HEREBY CONSENT TO SAID FIRST AMENDED PLAT OF ROARING FORK PRESERVE AND THE RECORDING THEREOF AND TO ALL DEDICATIONS AND RESERVATIONS MADE BY AND UPON SAID FIRST AMENDED PLAT AS STATED IN THE CERTIFICATE AND DEDICATION AND OWNERSHIP SET FORTH THEREON AND DOES HEREBY SUBORDINATE ANY INTEREST THAT IT MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATIONS AND RESERVATIONS TO THE ENTITIES AND INDIVIDUALS WHO ARE THE BENEFICIARIES OF SAID RESERVATIONS AND TO WHOM SUCH DEDICATIONS ARE MADE. DATED THIS____________ DAY OF ___________________________, 2020. MARITA MARSHALL, CO-TRUSTEE OF THE JONATHAN C. WHITMAN 1970 TRUST BY:__________________________________________________________________ MARITA MARSHALL, CO-TRUSTEE STATE OF __________________ ) )ss COUNTY OF ________________ ) SUBSCRIBED AND SWORN TO BEFORE ME THIS __________ DAY OF _____________________________, 2020, BY MARITA MARSHALL, CO-TRUSTEE OF THE JONATHAN C. WHITMAN 1970 TRUST. MY COMMISSION EXPIRES:___________________________________________ WITNESS MY HAND AND SEAL _____________________________________________________________ NOTARY PUBLIC This Certificate of Mortgage Consent is recorded simultaneously with and incorporated hereto as part of the First Amended Plat of Roaring Fork Preserve, recorded as Reception Number _________ in the Garfield County, Colorado Clerk and Recorder records. CERTIFICATE OF MORTGAGE CONSENT ALPINE BANK, A COLORADO BANKING CORPORATION, BEING THE HOLDER AND BENEFICIARY OF A DEED OF TRUST RECORDED AT RECEPTION NO. 896508 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, WHICH ENCUMBERS LOT 7 AS SHOWN ON THE FIRST AMENDED PLAT OF ROARING FORK PRESERVE, DOES HEREBY CONSENT TO SAID FIRST AMENDED PLAT OF ROARING FORK PRESERVE AND THE RECORDING THEREOF AND TO ALL DEDICATIONS AND RESERVATIONS MADE BY AND UPON SAID FIRST AMENDED PLAT AS STATED IN THE CERTIFICATE AND DEDICATION AND OWNERSHIP SET FORTH THEREON AND DOES HEREBY SUBORDINATE ANY INTEREST THAT IT MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATIONS AND RESERVATIONS TO THE ENTITIES AND INDIVIDUALS WHO ARE THE BENEFICIARIES OF SAID RESERVATIONS AND TO WHOM SUCH DEDICATIONS ARE MADE. DATED THIS____________ DAY OF ___________________________, 2020. ALPINE BANK, A COLORADO BANKING CORPORATION BY:__________________________________________________________________ Name: Title: STATE OF _____________ ) )ss COUNTY OF _____________ ) SUBSCRIBED AND SWORN TO BEFORE ME THIS __________ DAY OF _____________________________, 2020, BY _____________________ as _______________________ of Alpine Bank, a Colorado banking corporation. MY COMMISSION EXPIRES:___________________________________________ WITNESS MY HAND AND SEAL _________________________________________________________________________ NOTARY PUBLIC This Certificate of Mortgage Consent is recorded simultaneously with and incorporated hereto as part of the First Amended Plat of Roaring Fork Preserve, recorded as reception number ______________ in the Garfield County, Colorado Clerk and Recorder records. CERTIFICATE OF MORTGAGE CONSENT WELLS FARGO BANK N.A., BEING THE HOLDER AND BENEFICIARY OF A DEED OF TRUST RECORDED AT RECEPTION NO. 853432 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, WHICH ENCUMBERS LOT 7 AS SHOWN ON THE FIRST AMENDED PLAT OF ROARING FORK PRESERVE, DOES HEREBY CONSENT TO SAID FIRST AMENDED PLAT OF ROARING FORK PRESERVE AND THE RECORDING THEREOF AND TO ALL DEDICATIONS AND RESERVATIONS MADE BY AND UPON SAID FIRST AMENDED PLAT AS STATED IN THE CERTIFICATE AND DEDICATION AND OWNERSHIP SET FORTH THEREON AND DOES HEREBY SUBORDINATE ANY INTEREST THAT IT MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATIONS AND RESERVATIONS TO THE ENTITIES AND INDIVIDUALS WHO ARE THE BENEFICIARIES OF SAID RESERVATIONS AND TO WHOM SUCH DEDICATIONS ARE MADE. DATED THIS____________ DAY OF ___________________________, 2020. WELLS FARGO BANK N.A. BY:__________________________________________________________________ Name: Title: STATE OF _____________ ) )ss COUNTY OF _____________ ) SUBSCRIBED AND SWORN TO BEFORE ME THIS __________ DAY OF _____________________________, 2020, BY _____________________ as _______________________ of Wells Fargo Bank N.A. MY COMMISSION EXPIRES:___________________________________________ WITNESS MY HAND AND SEAL _________________________________________________________________________ NOTARY PUBLIC This Certificate of Mortgage Consent is recorded simultaneously with and incorporated hereto as part of the First Amended Plat of Roaring Fork Preserve, recorded as reception number ______________ in the Garfield County, Colorado Clerk and Recorder records.