HomeMy WebLinkAbout1.00 General Application MaterialsLf& Garfield County
Community Development Department
108 8eh Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
Minor Subdivision CI Preliminary Plan Amendment
0 Major Subdivision [] Final Plat Amendment
0 Sketch =Preliminary =Final 0 Common Interest Community Subdivision
Conservation Subdivision CJ Public/County Road Split Exemption
Yield =Sketch =]Preliminary=Final Rural Land Development Exemption
Time Extension [] Basic Correction Exemption
Submission Requirements
❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section: '
Section: Section:
Waiver of Standards
❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have rea to ents above and have provided the required attached information which is
correct an c a to �he best of my knowledge.
Signature of Property Owner or Authorized Re resentative, Title Date
Q PFICfAL lJS O
File Number: ____-- __ Fee Paid: $
Ee. Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") S1-fAAA)
agree as follows:
1. The Applicant has submitted to the County an application for the following Project:
Sum l- 2\--rr_-z RoutgDmz ( A4,n)SrM mT-
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: tA2,1S Sit 1 Phone: (9W ) L 16 33�+
Billing Contact Address: 6AU rRA I k-�
City: G(enn"sc,,,J Spo,S State: CO Zip Code:
Billing Contact Email: CSAA4W 2)1 0 ` a i>> Coif
Printed Name ¢f,Person Authorized to Sign
L_`'"�r (Signature)
19fil-4t
Z ZiJ
(Date)
Garfield County
Community Development Department
108 Bib Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-countv.com
TAX PARCEL NUMBERS: 2395-262-00-113 and 2395-262-00-112
DATE: 08/24/2020
PROJECT: Cris Shaw, Amended Plat to move existing property line
OWNERS: Cris Shaw, and new owner not yet reflected (per Assessor's Office Records)
SURVEYOR; To be determined
PRACTICAL LOCATION: 8102 County Road 117 Glenwood Springs, CO 81601
TYPE OF APPLICATION: Amended Final Plat
ZONING: Rural
I. GENERAL PROJECT DESCRIPTION
The Applicant plans to request approval to move the existing lot line located between the
above described lots. While the existing lot line currently runs directly through the structure
located on parcel number 2395-262-00-112, the new proposed lot line will follow the adjacent
Fourmile Creek. As the parcels are in the separate ownership, both property owners are
considered applicants. As such, all property owners will need to provide all authorization
information including signing the application form and plat. Additionally, ownership and
lienholder information will need to be provided for both parcels. No changes to technical
details or infrastructure are anticipated with this application. The amended plat will need to
show all easements, adequate setbacks, and must include all information related to any ditches
located on the property including existing ditch easements and the name and mailing address
of any ditch owners. The amended plat will need to meet all Land Use and Development Code
and survey requirements for Final Plats.
Il. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply to
the_ prop.osed_Ap.plication:. -
> Section 5-305 -Amended Final Plat Review and -Review Criteria
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 maybe applicable
V. APPLICATION REVIEW
a. Review by: Staff for completeness, recommendation and referral agencies
for additional technical review.
b. Public Hearing(s): _X_ No Public Hearing, Directors Decision (with notice per
code)
_ Planning Commission
Board of County Commissioners
Board of Adjustment
c. Referral Agencies: May include but is not limited to: Garfield County Surveyor,
Garfield County Attorney, Garfield County Building
Department.
VI. APPLICATION REVIEW FEES
a. Planning Review Fees: $ 100.00
b. Referral Agency Fees: $ TBD -- consulting engineer/civil engineer fees
c. Total Deposit: - 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 Praparedby_-
Angie Martell, Planner
August 24, 2020
Date
Commonwealth Title Company of Garfield County, Inc,
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-44441 Fax (970) 945-4449
Date: July 30, 2020
File No. 2007023
Property Address. 8102 County Road 117, Glenwood Springs
High Country Engineering
1517 Blake Avenue, Suite 101
Glenwood Springs, CO 81601
Attn: Bill Baker
Email: bbaker@hceng.com
Closing Contacts
GIenwood Springs office - 970-945-4444
Linda Gabossi - linda@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com
Cris R. Shaw
eshaw8102@hotmail.com
Rifle office - 970-625-3300
Denna Conwcll - denna@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 2007023
1. Effective Date: July 28, 2020 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06) $N/A
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06)
Proposed Insured: .
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
Cris R. Shaw
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Informational Commitment $293.00
COUNTERSIGNED: Pa►-a-i,e k, P. 61' VtaL
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
American Land Title Association Issuing Agent:
Schedule A Commonwealth Title Company of Garfield County, Inc.
(Rev'd 6-06) 127 East 5th Street Rifle, CO 81650
File No. 2007023
EXHIBIT "A"
A tract of land situate in Sections 26 and 27, Township 7 South, Range 89 West of the Sixth Principal Meridian being
more particularly described as follows:
Beginning at a point whence the Northwest Corner of said Section 26 bears North 02144'56" East 1841.67 feet; thence
North 89°52'20" East 214.92 feet; thence South 27"49'59" East 127.87 feet; thence South 29109'15" West 63.51 feet;
thence South 21004'26" East 194.55 feet; thence South 12°59'18" West 284.52 feet; thence South 32158'48" West 186.85
feet; thence North 89°48'50" West 62.84 feet; thence North 00'04'11" East 409.14 feet; thence North 67°33'37" West
125.01 feet; thence North 00039'09" West 141.41 feet; thence 188.79 feet along the arc of a curve to the right, having a
radius of 524.29 feet, a central angle of 2003756" and subtending a chord bearing North 09039'49" East 187.78 feet to the
POINT OF BEGINNING.
Also known as
Lot 4
Colodny Exemption
According to the plat thereof recorded July 22, 1993
As Reception No. 450181
File No. 2007023
SCHEDULE B - SECTION I
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument
recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located.
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will
obtain an interest in the Land or who will make a loan on the band. The Company may then make additional Requirements or
Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly
authorized, executed, delivered, and recorded in the Public Records.
This is an informational only commitment and no policy will be issued hereunder.
5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights -of -way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured
transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available upon compliance with the following conditions:
A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or
townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits
indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C
above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the
Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained from the County Treasurer's authorized agent; C) The information regarding special districts and the boundaries of
such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor;
and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been
provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed
Insured has notified or instructed the company in writing to the contrary
C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top
margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to
record or file any document that does not conform.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule
B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate
and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy
in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a
matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph I. "Good Funds Law"
C.R:S. --§39-447402 requires-thar-a. -real.-p"roperty..transfer declaration',,zrcco.mpany any -conveyance -document-,presented--for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 2007023
SCHEDULE B -,SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
I. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the
premises would disclose, and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded July 31, 1899 in Book 12 at Page 519 and in patent recorded July 25,1904 in Book 56 at Page 505.
10. Right of way for County Road No. 117.
11. Easements, rights of way and all other matters disclosed on the plat of the Colodny Exemption recorded July 22, 1993 as Reception No.
450181 and as modified by instrument recorded March 12, 1999 in Book 1118 at Page 783.
12. Restated Declaration of covenants, conditions and restrictions of Colodny Subdivision recorded March 12, 1999 in Book 11 I8 at Page
787.
13. Easement granted to Holy Cross Energy in instrument recorded December 20, 1999 in Book 1165 Page 650.
14. Terms and conditions of Water Allotment Contract contained in Memorandum recorded April 30, 2019 as Reception No. 919772.
15. Deed of Trust from Cris R. Shaw to the Public Trustee of Garfield County for the use of Alpine Bank, showing an original amount of
$300,000.00, dated February 22, 2010 and recorded February 26, 2010 as Reception No.782584.
16. Deed of Trust from Cris R. Shaw to the Public Trustee of Garfield County for the use of Alpine Bank, showing an original amount of
$90,000.00, dated September 7, 2011 and recorded September 20, 2011 as Reception No.808258.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredecmed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment
Schedule B - Section 2
Form 1004-12
COMMONWEALTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information - particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means.
0 Information about your transactions with us, our affiliated companies, or others; and
0 Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
KWI commonwealth
LA1413 TITLE I7iWkAPlck cbmPA149
Transaction Identification Data for reference only.
Issuing Agent: Commonwealth Title Company
Issuing Office: 1322 Grand Avenue, Glenwood Springs, CO 81601
ALTA® Universal ID: 1038730
Loan ID Number:
Issuing Office File Number: 2020-05-81
Commitment Number: 2020-05-81
Revision Number: 2
Property Address: 8106 County Road 117, Glenwood Springs, CO 81601
SCHEDULE A
1. Commitment Date: 06/10/2020 at 8:00 AM
2. Policy to be issued:
(a) ALTA Owner's Policy $915,000.00
PROPOSED INSURED: Brent C. Ritter and Mary Ann Ritter
(b) ALTA Loan Policy $686,250.00
PROPOSED INSURED: Academy Mortgage Corporation, ISAOA
339 West 13490 South, Draper, UT 84020
3. The estate or interest in the Land described or referred to in this Commitment is: fee simple.
4. Title to the fee simple estate or interest in the Land is at the Commitment Date vested in:
Cris Shaw
5. The Land is described as follows:
Property description set forth in "Exhibit A" attached hereto and made a part hereof.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By: g, r 0 7,/,
Patrick P. Burwell, License #: 153719
Authorized Signatory
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not -valid -without -the -Notice; the-Commitment-to-Issue-P-olicy; the. Commitment Conditions,'-Schedule-A,_Schedule.B,.P_art.l�equirements;_and_. __. _.._..
Schedule B, Part II —Exceptions, -and a counter -signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and xMIAicAN
ALTA members in good standing as of the date of use. All other uses are prohibited. LAND A ON
Reprinted under license from the American Land Title Association.
.LAHD<7'i,1"LE.SIIIS�t#1iR�fCE.COHFRIIY'
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
4. Pay the premiums, fees, and charges for the Policy to the Company as set forth below:
Owner's Policy Standard Coverage: $1,348.00 Reissue
Owner's Extended Coverage: $75.00
Mortgagee's Policy: $175.00
Tax Certificate(s): $25.00
Form 100: $50.00
Form 8.1: $50.00
Form 116: $100.00
Delete Standard Exceptions (Lender's): NIC
Closing Protection Letter: $25.00
5. Duly authorized and executed Deed from Cris Shaw, to Brent C. Ritter and Mary Ann Ritter, to be executed
and recorded at closing. Vesting deed recorded as Instrument #598347 in the official records
6. Duly authorized and executed Deed of Trust from Brent C. Ritter and Mary Ann Ritter to Academy Mortgage
Corporation securing its loan in the amount of $686,260.00.
7. Release of record by the Public Trustee of the Deed of Trust from Cris Shaw for the use of Alpine Bank
showing an original amount of $571,000.00 recorded as Instrument #896015 in the official records
8. Release of record by the Public Trustee of the Deed of Trust from Cris Shaw for the use of Cathi Basler
showing an original amount of $92,500.00 recorded as Instrument #932879 in the official records
9. Deleted.
10. Execution of Final Affidavits and Agreements indemnifying the Company against unfiled mechanic's and
materialmen's liens.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions Schedule A,.Schedule S, Part I —Requirements; and
Schedule B, Part II Exceptions; and a counter -signature by the Company orits issuing agent that may be in -electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and AMERICAN
ALTA members in good standing as of the date of use. All other uses are prohibited. `"xn TME
nStinuuln!f
Reprinted under license from the American Land Title Association.
; mmo"V olt
SCHEDULE B, PART It
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,
FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records. Note: This exception will be
deleted on the final policy upon compliance with the requirements herein.
2. Easements, or claims of easements, not shown by the public records. Note: This exception will be
deleted on the final policy upon compliance with the requirements herein.
3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the public
records. Note: This exception will be deleted on the final policy upon compliance with the requirements
herein.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records. Note: This Exception will be deleted upon receipt of Final Affidavits
and Agreements indemnifying the Company against unfiled mechanic's and materialmen's liens.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attached, or is disclosed between the Commitment Date and the date on which all
of the Schedule 13, Part ]—Requirements are met. Note: This Exception will be deleted on the final policy
if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the
applicable instruments of conveyance.
6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: This exception will be modified
in the final policy to reflect only those taxes and assessments that are a lien, but not yet due and payable.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the
public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as
constructed by the authority of the United States, as reserved in United States Patent recorded as
Instrument #29707 in the official records
10. Terms and conditions set forth in Easement Agreement recorded as Instrument #389884 in the official
records
This page is only a part of a 2016 ALTAe Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid mithout.the Notice,, the -.Commitment to -Issue Policy,•.the. Commitment Conditions,, Schedule A; Schedule 8, Part I —Requirements,' and
Schedule a, Part ll—Exceptions; and a counter -signature by the Company or its issuing agent that be in electronic form.
ALTA Commitment for Title insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and nME�N
ALTA members in good standing as of the date of use. All other uses are prohibited. LANDTIT`T
A330GATION
Reprinted under license from the American Land Title Association.
Commonwealth
- r.AHrt .TS'ri.15, �`H'$liRANC� �OTI F11Ti1�
11. Terms and conditions set forth in Easement Agreement recorded as Instrument #412561 in the official
records
12. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed
location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the
center thread, bank, channel or flow of waters in Four Mile Creek lying within subject land; and any
questions as to the location of such.center thread, bed, bank or channel as a legal description monument
or marker for purposes of describing or locating subject lands.
13. Covenants, conditions, restrictions and all matters set forth in Declaration recorded as Instrument
#453342 in the official records Amended and Restated in instrument recorded as Instrument #541571 in
the official records
14. Terms and conditions set forth in Repeal of Dedication of vacation access, well and utility easements
recorded as Instrument #541570 in the official records
15. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded as
Instrument#450181 in the official records
16. Any rights, easements, interests or claims that may exist by reason of, or be reflected by, the following
facts shown on the survey dated October 5, 2015 by High Country Engineering Inc.
Possessory rights outside of fence, encroachment of fence onto adjoining property, apparent easement
for overhead utilities and dirt road.
17, Terms, conditions and all matters set forth in Water Allotment Contract evidenced by Memorandum
recorded as Instrument #919772 in the official records
18. Any rights, easements, interests or claims that may exist by reason of, or be reflected by, the following
facts shown on the survey dated June 8, 2020 by High Country Engineering Inc.
Encroachment of shed into setback, encroachment of fence and stone retaining structure onto adjoining
property, dirt road.
This page is only a part of a 2016 AL TA® Commitment for Titte Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not -valid -without -the -Notice; the Commitment to.tssue-P.-olicy,-..fhe.Commitment.Conditions;..Schedule.A.;_Schedule B,.Part l—Requiremen..ts,•. and.. .
Schedule B, Part ll Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form,
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved. _
The use of this Form (or any derivative thereol) is restricted to ALTA licensees and AMERICAK
ALTA members in good standing as of the date of use. All other uses are prohibited. I&NO THE
Al3QCJATI0K
Reprinted under license from the American Land Title Association.
W.
.r.,Commonwealth
LhC10''...iiZ't6. iri513YAl!iCl5 • IC17tAPR11Y
EXHIBIT A
Property Description
Issuing Office File No.: 2020-05-81
A tract of land situate in Section 26, Township 7 South, Range 89 West of the Sixth Principal Meridian being more
particularly described as follows:
Beginning at a point whence the Northwest corner of said Section 26 bears North 05027'05" West 1961.01 feet;
thence South 27049'59" East 137.79 feet;
thence North 90°00'00" East 291.50 feet;
thence South 07054'37" East 20.34 feet;
thence South 09039'13" East 191.60 feet;
thence South 00053'07" West 341.90 feet;
thence North 89048'60" West 512.11 feet;
thence North 32°5848" East 186.85 feet;
thence North 12'59'18" East 284.52 feet;
thence North 21 °04'26" West 194.55 feet;
thence North 29'09'15" East 63.51 feet to the Point of Beginning.
Said tract of land sometimes referred to as Lot 3, Colodny Exemption, according to the map thereof recorded
June 22, 1993 as Reception No. 450181
County of Garfield
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid.without the Notice;. the.Commitment.to.Jssue.Policy,•.the.Commitment_Conditions,. Schedule A;. Schedule,B, Part L.Requirements;_ and.
Schedule B, Part II —Exceptions; and a counter -signature by the Company orits issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and AMEWCAN
ALTA members in good standing as of the date of use. All other uses are prohibited. LA ID Tine
,vwciumN
Reprinted under license from the American Land Title Association.
Adjacent Property Owners
Garfield County Land Explorer
8/30/2020
Parcel
Physical Address 8106 117 COUNTY RD GLENWOOD SPRINGS
Owner RITTER, BRENT& MARYANN
Account Num
Mailing Address 8106 117 COUNTY RD GLENWOOD SPRINGS, CO 81601
Parcel
2.39526E+11
Physical Address
8102 117 COUNTY RD GLENWOOD SPRINGS
Owner
PEW, ROBERT C III REVOCABLE TRUST DTD 1/11/79
Account Num
R080901
Mailing Address
PO BOX 219 WOODY CREEK, CO 81656
Parcel
2.39526E+11
Physical Address
8088117 COUNTY RD GLENWOOD SPRINGS
Owner
SZYDLOWSKI, MICHELLE & SZYDLOWSKI, ED
Account Num
R080903
Mailing Address
8088 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601
Parcel
2.39526E+11
Physical Address
8106 117 COUNTY RD GLENWOOD SPRINGS
Owner
SHAW, CRIS
Account Num
R080904
Mailing Address
P O BOX 2724 GLENWOOD SPRINGS, CO 81602
Parcel
2.39526E+11
Physical Address
8102 117 COUNTY RD GLENWOOD SPRINGS
Owner
SHAW, CRIS R
Account Num
R080905
Mailing Address
8102 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601
Parcel 2.39526E+11
Physical Address 8220117 COUNTY RD GLENWOOD SPRINGS
Owner LEMMER, HARLAN E & PATRICIA M, TREUSTEES OF THE LEMMER FAMILY TRUST DATED 2/4/88
Account Num R045144
Mailing Address 1377 SHELLY AVE UPLAND, CA 91786-3246
Garfield County
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. § 24-65.5-101, etseq, and Section 4-101(E)(1)(b)(4) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following (Please initial on the blank line next to the statement that accurately reflects the result of
research):
=. I own the entire mineral estate relative to the subject property; or
— Minerals are owned by the parties listed below
The names and addresses of any and all mi era own rs identified are prov ed b ow (attar�h addition�II pia es �
as necessary): ( de C� ' �aL ` t L� vt0 C0V .A&,.�
i%J. i yACi jr; a >1 _S 1► ex-,- <-;�Ve." %;44 rt et,y--�
I Name of Mineral Owner I Mailing Address of Mineral Owner
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
Applicant's Mum
R,,X
Date
LIAR. 8. HYY 5:4UFM LEAVIiMRI'H & '1'1a;SI-EX, Y. U, 14u, bell Y. L
RESTAT>~D DECLA RATION O1« COVENANTS. COND1Ti NS
AND RESTTRICTI N OF COL DNY SUBDnU&T N
THIS RESTATED DECLARATION is made this day of _ 1999 b
HORSESHOE ACRES. INC., a Colorado Corporation, whose address is c/o Leavenworth &
Tester, P.C., 1011 Grand Avenue, P.O. Draw 2030, Glenwood Springs, Colorado 81602,
(hereinafter "Declarant").
WITNESSETH:
WHEREAS, Declarant is the successor in. interest to Lester and Roslyn Colodny, pursuatxt
to Quit Claire Deed executed November 24, 1993, and recorded at Book 883, Page 870 in the
records of the Garfield County Clerk and Recorder; and
WHEREAS, Declarant°s predecessors in interest filed Declaration of Covcnnts,
Conditions and Restrictions of Colodny Subdivision on October 5, 1993, recorded at Book 877,
Page 614 in the records of the Garfield County Clerk and Recorder; and
WI-IEREA.S, Declarant repealed the Declaration of Covenants, Conditions and Restriction s
of Colodny Subdivision, on the day of March, 1999; and
WHEREAS, Declarant desires to put into place Restated Declaration of Covemults,
Conditions amid Restrictions of Colodny Subdivision; and
WHEREAS, Declarant is the sole owner of certain real property in Garfield County,
Colorado, described on the Exemption Plat described below (hereinafter "Subject Property"); and
WHEREAS, Declarant has caused the Subject Property to be surveyed, platted and
exempted from the subdivision process into four lots and one additional parcel, which is
hereinafter referred to as the remainder parcel, as filed in the records of the Office of the Clerk
and Recorder of Garfield County, Colorado, on the 22 clay of July, 1993, as Reception No.
450181 (hereinafter "Exemption PIat"); and
WHEREAS, Declarant obtained for the Subject Properry a subdivision exemption which
created the five p;arccls (hereinafter "parcels 1, 2, 3, 4 and the remainder parcel") further
described individually on the. Excmption Plat; and
WHEREAS, Parcels 1. 2, 3, 4 and the remainder parcel are collectively called the Colodny
Subdivision, and Declarant intends to sell Parcels 1, 2, 3, 4 and the remainder parcel to separate
individuals; and
WHEREAS, Declarant desires to restrict the use of Parcels 1, 2, 3 and 4 for single family
c::�1 ilKaliSri4',IhxumcncslCULU�iNY I1999-Impel
Match $, 1J�
MAR. 8. 1999 5:41PM LEAYENWORTH & '1'1;5TER, F. c, NU. dZ16 Y. J
Declaration of C'oveinanls, Conditions and Restriction of Colodny Subdivision
Much, 1999
Page 2 of 1 I
some sites; and
WHERIEAS, lDeclarant desires to provide for architectural review of single-family homes,
outbuilding and associate structures and Features to he developed on Parcels 1, 2, 3 and 4; and
WHEREAS, Declarant's ownership of the Subject Property includes certain water rights
decreed to Horseshoe Acres Well Nos- 1 and 2, which water rights are more parEicularly
described lie -rein, and are intended to provide domestic water supply for f0tir single-family
dwellings on Parcels 1, 2, 3 and 4; arid
WHEREAS, Declarant desires to • provide for the future ownership, operation,
maintenance, repair, replacement and shared use o!' Horseshoe Acres Well Nos. 1 and 2 and the
allocation of the water rights decreed to these structures for use on Parcels X, 2, 3, and 4: and,
WHEREAS, Parcels 1, 2, 3 and 4 are served by common roads, bridges and access
easements (hereinafter "road or subdivision roads") as well as individual driveways, all of which
are shown generally on the Exemption Plat; and
WHEREAS, Declarant desires to provide a inethod for the operation, maintenance, repair
and replacement of the subdivision goads, bridges, access and landscape easements.
NOW, THEREFORE, Declarant hereby declares that Parcels L 2, 3 and 4, as described
on the Exemption Plat, are and shall hereafter he subject to the Following covenants, conditions
and restrictions:
Dt.finitionti.
1.1 "Owner" shall mean any person or entity having a record interest in one or more
of the parcels which arc subject to this Restated Declaratiolt-
1,2 "Parcel" shall ttlean and refer Eo any one of Elie four lots shown as Parcels 1, 2, 3
or 4, uPQn the inap of Elie Colodny Subdivision as recorded on July 22, 1993, as
Reception No. 450181, in the Office of the Clerk and Recorder of Garfield
County, Colorado.
1.3 "Subdivisi,,)n„ shall mean) and refer to the Colodny Subdivision Exemption.
1.4 "Well Infrastructure" shall mean and refer to the diversion structures, which,
include Lhe diversions drains, galleries, pipes, valves, and all other elernt-nts of the
c".:VIICAI999%T%K'UMcR1tIC0LODMY-Ilursrsl�nc-f,:u�rlun[s !'J!1!1-I.wrx1
Morel, & 3" -2-
MAR. S. 1999 5: 41PM LI AVHWOR'i'H & TESTER, P. G.
NU. 11 L I d Y. 4
Dcclaracion of Covma ts, CoMitions and Restriction ear' Colodny SUlidivisiort
Marcia, 1999
Page 3 of 1 l
diversion structures and appurtenant equipment, but excluding pipes, valves, and
any other appurtenant equipment which may be required to deliver domestic water
from the well infrastructure to an individual owner's parcel.
2. Repeal and estate✓ ent (ff Dcclaration of Cutenants" Conditions and R strictions_
2.1 The DecIaration of Covenants, Conditions and Restriction of Colodny Subdivision
rCCOrded at: Book 877, Page 614, in the records of the Garfield County Clerk and
Recorder, were repealed effective March , 1999, and replaced by this
Restated Declaration of Covenants, Conditions and Restrictions of Colodny
Subdivision.
3 Use Re q iction�.
3.1 Only one (1) Singlc-family dwellitig, together with appurtenant structures thereto,
sball be constructed on any one of the four parcels within the Subdivision, The
minimum size of a singi.e-family dwelling shall not be less than two thousand
(2,000) square feet in floor area exclusive of basement, open porches, decks,
carports, and garages.
3.2 Duplexes and multi --family dwellings and guest bouses shall not be constructed can
Parcels 1, 2, 3 or 4 of the subdivision.
3.3 Outbuildings, including detached garages, greenhouses and other customary
aomssory buildings, which outbuildings shall not exceed one thousand (1,000)
square feet in floor area Shall be permitted on Parcels' 1, 2, 3 and 4, but shall not
be used as residences. Outbuildings used as greenhouses shall not exceed five
hundred (500) square Feet in floor area and shall not exceed sixteen ieet in height.
All outbuildings shall comply with appIicable Garfield County building; codes.
3.4 Modular alit! mobile homes arc Prohibited from Parcels, 1, 2, 3 and 4 of Elie
subdivision,
3.5 Domestic animals kept as pets shall be permitted within the subdivision and owners
MY Keep uP to two (2) horses on their parcel. NO other livestock shall be
Pennitted within the subdivision. Owners shall beep, maintain and control all
Permitted animals iu compliance with the applicable regulations of Garfield County
and the Colorado Division of Wildlife. No owner shall allow his or her animals)
to be a nuisance to other owners or the Declarant within the subdivision, i-n_any
C::1E•iEes1 E99�li1)uwmeu�r'.C:ULDUN Y-1 toracshne cuvenaueS• ] 9,)9- I.w pd
March 8. 1099 —3-
MAR, 8. 1999 5:41PM LEAVENWORTH & `PESTER, F. G. BU, dzl6 1'. b
Declaration of Covenants, Conditions and Restriction of Colodny Subdivision
March, 1999
Pagu 4 of I l
manlier including, but not limited to, noxious odors or noises.
4. Architectural Review and Approval.
4.1 An Architectural Review Committee shall be formed anti shall be comprised Solely
of the Declarant, or the Declarant's appointed agent, until Parcels 1, 27 3 and 4
have all been conveyed by the Declarani- After conveyance of the fourth and lig
parcel within the subdivision, the Declarant or the Dcc)ara ifs agent may withdraw
from serving on the Committee. Parcel owners serving on the Architectural
Review Q)mmittee shall not. participate in the review or approval of single-family
hornes or outbuildings to be constructed on their parcel.
The Architectural Review Committee shall review all preliminary plaTxs for single-
family dwellings, outbuildings and landscaping features. Final building and site
plans for single4amily dwellings, outbuildings, must be approved by the
Architectural Review Committee prior to submission and final approval by Garfield
County. Final building and site playas IM single-family homes and outbuildings
must include all exterior materials, exterior color scheme. exterior liglIting
schemes and sound systems, landscaping plans, driveway access, fences, decks,
and all rcereatiol3 facilities including. bur Tiot 1 uitecl to, spas. swimming pouts,
tennis, volleyball and haslcetball courts.
S•. Domestic Water SupI21 for Parcels 1, 2, 3 and 4.
5.1 Domestic 'Water 8up� heTletittirtg parcels 1 and Z,
Parcels 1 and 2 shall be Served with doTncstic water supply solely from
Horseshoe Acre.,, Well No. 1 (hereinafter "Well No. 1") and the well
infrastnicrure associated with Well No. 1.
5-1-2 Parcels 3 and 4 shall be served with domestic water supply Solely from
Tlorse5hoe Acres Well No. 2 (hereinafter "Well No. 2") and the well
infrastructure associated with Well No. 2.
5.1.3 Owners Shall nor drill wells on parcels 1, 2, 3, 4 and the Remainder Marcel
unless such well is permitted as a replacement for Well Nos, 1 of 2 by the
Colorado State Engineer.
5,2 C neryh' of W l Nos. and 2 Decreed Water Rights Well errnitx_and _Acccss
C'•IFi1c6U 9�><J1tlucuu3r,n�1C:ULQDiV Y, f lurszshnc-c-:uyenanns• 1 �x�!�-],mod
Man:31 d. 1999 11 _
MAR, 8. 1999 5:42PM LEAVENWORTH & TESTER, P. G. Nu. Rid t. b
Dc(;laradon of Covenaws, COndidow and Restriction of Colodny suhdiviSIC)n
M-qroh, 1999
Page 5 of 11
lAsen1crits
5.2-1 The Declarant shall convey to the owners of parcels 1, 2. 3 and 4, by quit
claim deed, Well Nos. 1 and 2, the well infrastructure associated with these
two wells, the water rights decreed to these wells, necessary well access
easements, and shall assign the Colorado State Engineer Permits for the
wells, as more fully described herein below.
5.2.2 The owner(s) of Parcel 1 shall have an undivided one half ('/2) interest in
the well infrastructure associated with Well No. 1, Colorado State P.ngineer
Well Permit No, 213873, artd water rights decreed to Well, No. 1 by the
.District Court: for Walser Division No. 5 oar September 14, 4995, in Case
No. 94CW333.
5.2.3 The owner(s) of Parcel 2 shalI have an undivided one half ('/T) interest in
the well infrustructure associated with Well No. 1, Colorado State Engineer
Well Permit No. 213873, and water rights decreed to Well No. 1 by the
District Court for Water Division. No. 5 on September 14. 1945, in Case
No. 94CW333
5-2.4 The owner(s) of Parcel 3 shall have An undivided one half (J/2) interest in
the well infrastructure associated with Well No. 2, Colorado State Engineer
Well Permit No. 213872, and water rights decreed to Well No. 2. by the
District Court for Wal.er Division No. 5 on September. 14, 1995, in Case
No. 94C,'W331-
5.2.5 The owner(s) of Parcel 4 shall have an undivided one half ('/z) interest in
the well infrastructure associated with Well No, 2, Colorado State Engineer
Well Permit No. 213872, and the water rights decreed to Well No. 2 by the
District Court for Water Division No. 5 on September 14, 1995, in Casc
No. 94CW331
5.2.6 The undivided ownership interests in the water rights decreed to WL1I Nos.
1 and 2 shall be. appurtenant to the particular parcel benefitted by domestic
water service from either well. No owner shall convey, assign, lease or
Otherwise sever his or her undivided one half ('/a) interest in tlxc water
tights decreed to Well Nos. l and 2 apart from his or her interest. in the
Parcel benefrtted by domestic water supply front Well Nos. 1 and 2.
ilcslly<)+l+IrurumcnislCULpUNY.I a;eshnc-c:nv;aulnt.a-I4gJ•7.w7xf
March S. I99') -5-
MAR, 8, 1999 5:42PM LEAVENWORTH & TESTER, P, C.
Nu. 8l1b Y. 7
Dcclaratk)n of Covenants, Conditions and Ruslriciion of Colodrly Subdivision
March, 1999
Page 6 of 11
5.2.7 The owners of Parcels 1. 2, 3 and 4 shall each, have a right to all necessary
easements for supplying welter to their parcels from Well Nos 1 and 2 and
for the operation, maintenance, repair and replacement of the well
infrastructure. As part of any conveyance of Parcels 1, 2, 3 and 4, the
grantor shall reserve and/or convey :all such necessary easements.
5-3 Shard Use & Dome.`tic Water Su for Parcels 1 2 3 and 4.
5.3.1 Each parcel. owner shall make use of not more than one-half of the water
legally and physically available from the well serving its property. Water
diverted through the well infrastructure shall be used in accordance with
any ether terms and conditions imposed by decree or any well permits,
including irrigation of not more than one-half (1/2) acre of lawn and garden
on Parcels 1, 2, 3 and 4, unless the owner(s) of the adjoining property
benefitted by the shared well agree to an unequal proration of irrigated
lawn and garden acreage- In no event shall the area of lawns and gardens
irrigated from Well No. 1 exceed one (1) acre. nor shall the ,area of lawns
and gardens irrigated hom Well No. 2 exceed on (1) acre.
5.3.2 The owners of Parcels 1 and 2 shall each pay one --half ('/�) of all costs
t;uiFed—L�y fhem for the proper operation, Maintenance, repair and
replacement of Well No, 1 and the well infrastructure serving their parcels.
However, each owner shall be solely responsible for the costs of operation,
maintenance, repair and replacement- of his or her individual water systems,
including, but 110t Ifinited to, pipelines and other equipment 1101. used in
common with the adjoining parcel supplied by Well No. 1.
5.3.3 The owners of Parcels 3 and 4, shall each pay one-half (1/z) the cotit
incurred by them for the proper operation, maintenance, repair and
replacement of Well No- 2 and the well infrastructure serving their
parcels. However, each owner shall he solely responsible for. the costs of
operation, maintenance, repair and replacement of his or her individual
water systems, including, but not limited to. pipelines and other equipment
not used ill common with the adjoining; parcel supplied by Well No. 2,
5.3.4 Tex the event that a well serving two parcels is only capable of being
beneficially used by one parcel, anct the Declarant is the owner of the
parcel upon which beneficial use of the well infrastructure is not yet being
made, the owner of the parcel making beneficial use of the well
C::11lilrsklMrl,x,nuents1CC11.1iOMY-Hnrxc true-Covenuua-19�9 1.H•pcf
March B, 1979 —6.
MAR. 8. 1999 5:42PM LEAVENWORTH & TESTER, P, C, NU, 6218 F. a
Declaration of C ovenwas, Conditipns and Resrriedull of C.'olodi y Subdivision
March, 1999
Page 7 of i i
infrastructure shall be entirely responsible for all costs associated with
delivery of domestic water through Well Nos.. 1 and 2. and the well
infrastructure until conveyance of the Declarant's parcel, or co111MOncetr]ere1
of domestic water use on the Declarant's parcel.
5-3.5 In the event a parcel owner determines it is necessary to repair, replace,
maintain or improve the we] l infrastructure supplying domestic water beixtg
used on that owner's parcel and being used on the adjoining parcel Served
by the well infrastructure, such owner shaft notify the other owner prier to
commencing work_ Both owners agree to cooperate for the purpose of
entering into mutual agreements far completion and payment of the cost of
Such maintenance, repairs, improvemerits or replacements. Roth owners
shall receive three estimates for malting the reasonably necessary repairs.
Should the owners be unable to agree, any owner benefitted by the well
infrastructure shall be entitled to take any and all reasonable actions which
are essential for the proper functioning of the well infrastructure, And shall
notify the other owner(s) in writing of his or her inrent to aMss one-half
0/z) the costs arxd expenses conLained in the lowest of the three estimates
obtained for the reasonably necessary repairs. NnWever, if only one parcel
is connected to, and being supplied with domestic water from, the well
uifrastructure In need of maintenance, repair, replaccrrient or improvement,
the cost and expenses associated with such wort; shall be payed solely by
the owner(s) of the parccl being supplied with domestic water from the well
infrastructure.
5.3.6 All owners having an interest in Well Nos. 1 and 2 agree to exercise such
prudence and water conservation practices in order to allow for efficient
anti benefi.cial use of water supplied by i,hese wells, and to avoid wasting
water which unduly burdens the aquifer and well infrastructure.
5.3.7 In the event that any governmental or judicial authority imposes future
requirements err restrictions on use of water from Well Nos. 1 and 2, the
owners agree to work together to comply with such requirements or
restrictions so as to ensure a cotninuing water supply for each parcel. The
owners shall -share equally any costs associated with such compliance,
5.3.8 In the event any owner disconnects from the well infrastructure serving his
or her parcel, the owner shall have no right to reimbursement or payment
for sums coni.ributcd pursuant to the terms of this Section 5.3. The owner
r':11ilesU999;i?Ixu ICULAl:eil. EINY-IItlrn'seloC-olvollu1Ls-Im.l.wp1I
M:1101 8. I999 -7-
MAR. 8. 1999 5:43PM LEAVENWORTH & TESTER, P, C. NO, Md r, �
Declamation of C ovenauL,, Conditions and Restriction of Colodny Suhdivision
March. 1999
Page 8 of 11
or owners who remain connected to the well inftastnicture shall share
equally among themselves the conunon costs and expenses of operation,
maintenance, repair and replacernerit of the well infrastructure.
6. Roadways.
6,1 The access easements in the Subdivision shall he owned by each owner of the
parcels served by such easenl,ents, acid each owner shall have a proportionate
intcrest in the easements that serve its property. Howavcr, each parcel Owner steal I
be the sole owner of any bridge and/or driveway that crosscS and serves only that
owner's parcel.
6.2 Pedestrian. equestrian, emergency and utility access easements can be used for
pedestrians, equestrian uses, emergcTIcy rases and for utility access only by the
owners of Parcels 1, 2, 3 and 4.
6.3 The owners of Parcels 1, 2, 3, and 4 shall pay all costs associated with (.he
mairitenancc, operation, repair and replacement of the access easements described
in 6.1 and 6.2, above; within the Subdivision. Expenses shall he paid by all
owners using the Subdivisi(,)n access easements, Each owner, however, shall be
solely responsible for the maintenance, operation, repair and replacement of any
portion of the road or driveway which solely serves his or her parcel. All cOmrnon
road expenses shall he paid according to each Owner's proportionate interest ill toe
access easements, unless the Owners agree otherwise if) writing. All corranon road
expenses may be collecl:ed by the paying owner in accordance in Paragrapli 9
herein.
7. Landscape Fasenients,
7.1 The area designated as luldticape eJ.Senienis on the exeinption plat shall be
maintained by the owners of Parcels 1, 2, 3 and 4. Such owners shall designate
a responsible parcel owner to accomplish all necessary landscaping and
maintenance of such eascmein. No Owner shall interfere with, destroy or fail 1.0
maintain the landscaping, Irrigation of the landscape easements shall be
accomplished either from decreed irrigation water rights or from new water rights.
The owners of Parcels 1, 2, 3 and 4 shall share equal ly in the expenses associated
wilh maintaining and irrigating Ella landscape easements.
8. Yearly As.�.essanent. Commencing Mw-ch 1. 1999, all Owners of Parcels 1, 2, 3 and 4 who
[:•Tjhni[99[A0ocumcucclf:I,f 0DNV-1[aryrshtw-Cove111M[s-1999-1•Wpd
much S. 1009 -8-
MAR. 6, 1999 5 : 43PM LEAVENWORTH & TESTER, P.C. RU. U l Ii t', I u
Declaration of Covenants, Conditions and Restriedon of Cofodny Subdivision
March, 1999
Page 9 of 1 l
ticquire property from Declarant, shall pay a ycarly assessment in the amount of $200.00,
payable can a quarterly basis, into a special fund for the sole purpose of paying expenses
associated with operation., maintenance, repair and replacement of the landscaped
easement, roads, and casements. Declarant shall have no obligation [() pay such
assessments uuless Declarant either: a) rents the residence on a lot; or b) purchases or
retains a parccl for personal Use. Such fonds shall be held in an interest -hearing account
set tip in the rkame of one parcel owner, to be designated by the parcel owners of Parcels
1, 2, 3 and 4. Payll.ent of the comrrXon expenses, as set forth above, shall be made from
this fund by such designated parcel owner, Only with the consent of a majority of all parcel
owners. An accounting of all payments shall be made to the other parcel owners on a
yearly basis. A majority Of the parcel owners may agree to increase the annual assessment
amount to account for inflation or ether increase in costs or expenses. Collection of these
annual assessments may be made in accordance with Paragraph 9 of this Rcstated
Declaration.
9. Costs and Cxpc•mu. All c:nmmorx expenses and costs incurred for the operation, repair,
maintenance and replacement of each ditch, well infrastructure, road maintenance, and
landscape easernertt maintenance not paid by the yearly assessment described above, shall
be paid by each owner within 30 days from the time they are presented for payment. In
the event any owner fails to pay its share of costs and expenses, as established herein,
interest on the unpaid amount shall begin to accrue 30 days from the date such costs Or
expenses are presented for payment at the rate of 18 % per annum and interest. Xn the
event an owner fails to ray any sums due, with interest thereon, within. six r7xonths of the
date of presentment for payme.rt, the owner that has paid Such costs and expenses shall be
entitled to pursue a judgment for collection of the amounts clue, and any other remedies
available at law or in equity for breach of this Restated Declaration, and shall be entitled
reasonable attorneys' fees for the same.
10. Vile Rem- ' der Parcel. The Remainder Parcel shall not be limited Or governed by these
Restated Declaration of Covenants. It shall be served by entirely separate roadways,
wells, and irrigation water. An easement to access the remainder parcel as set forth ilrl
the Exemptiol. Plat as the 20-foot and 50-font easemenis. The Declarant hereby states that
they or their successors and assigns, may subdivide the remainder parcel into a maximum
of 35 lots, UNe of [he easement accessing the remainder parcel may he expanded as
necessary to provide reasonable vehicular acid utility access to such subdivision. Any
subsequent owners of Parcels 1, 2, 3 and 4 shall take title to these Parcels subject to this
right of the DecIarant to subdivide the remainder parcel, which subdivision may be
proposed at any time within 35 years from the date of this Restated Declaration.
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M;uili 8. 19+r1 —9—
MAP, 8, 1999 5: 43PM LIEAVENWOR'11 & 7-ESTER, F. �. -Nu, U l d Y. t l
DeclaTation of Covenants, Conditions anti Restrictioa of Colodny Subdivision
March. 1999
Page 10 of 11
11. Covena is Rim 'Wirh T.And.. These covenants, conditions a ild restrictions shall ruck with
the parcels of land subject hereto, and shall he a burden and benefit upon these parcels.
12. Binding Effect. These covenants, conditions and resTrictions shall inure to the benefit of
and be binding upon the owners, Their 176rs, devisees, executors, administrators,
assignees, transferees and Successors in irtileresr.
13. Te ina[ics o�enant.•. These covenants, conditions and restrictions shall remain in
effect for aperiod of twenty-five (25) years and shall tiicrediter he automatically exteuded
For successive Periods of ten (10) years unless a ma OTIty of the parcel owners
affirrrkativcly vote to repeal, modify or arrrend these covenants; provided, however, that
no such revoearion, amendinent, or Modification shall be effective until an instrument
signed by a majority of rite owners is recorded with ttxe office of the Clerk and Recorder
of Garfield County, Co1ArWo, setting forth such aictlon.
14. C0116truCtl07l. The language used in this Restated Declaration and all parts thereof shall
he construed as a whole according to its plain rnea llh1g, and not. strictly for or against any
Paf Ey. .
15. Provisions Severable, if any covenant, term, condition Or provision contained in this
Restated Declaration is held by a court of corripetenr jurisdiction ro be invalid, illegal, c?r
unenforceable in any respect, such Covcnagg, torn, condition or provision shall be severed
or tTrodified ro the extent necessary to matte it enforceable, and the resulting agreement
shall remain in fuull force and effect.
'16. Arnendrnents. This restated Declaration may he amended only upon the passing of twenty
(20) years or by unanimous resolution of the owners of P�u•ccls 1, 2, 3 and 4.
Amendments - hall be in written form and executed in the san1c manner as this Restated
Declaration_ Such amendment shall be effective upon recording but shall not affect the
rights of the Declarant.
17- C'ounts arty. This Restated Declaration ruay be executed in duplicate original
counterparts, each or which shall constitute an original but all which shall constitute one
and the same document,
18. fo M rimer- 'file terms of this Restated Declaration, and the obligations, duties,
responsibilities and benefits thereunder. shall survive closing on any conveyance of real
Property described herein, and shall not merge with the deed Or other conveyance
docurrtenrs.
CaCiic::;i�><yylDixouirhtslC:o1.(IpNY-1ln��tshue-c:nvwnuncs-I�lv t,vrnJ
March ", 191)() -10-
MAR. 8. 1999 5:44PM LEAVENWORTH & TESTER, P, C,
H. bz1b r. I
Declaration. of Covcnams, Condirions and Restriction of Colodny Subdivision
Mam.h, 1999
Page t 1 of 1 Z
IN WITNESS WHEREOF, Declarant has executed this instrument this day of
March, 1999.
By
0
STATE OF COI ORADO )
ss.
COUNTY OF )
14ORSES�iOE ACRES, INC.
Roslyn A. Colodny
.Lester Colodny
Acknowledged, Subscribed, and sworn to before Me this clay Of
1999, by Lester and Roslyn Colodny- - -- '
WITNESS my hand and official seal.
My Commission expims:
Notary Public
C:1Pilc8l1999tDWJIIrrulsWOLOONY-Hurstchne-covenaw 1999-1.wpd
March R, 14j!Xj -1 1—
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(Exception Needed in Title Certificate)
The undersigned, being the Beneficiary under a Deed of Trust granted by the Owner(s) upon the real
property platted and divided as shown upon the within [Exemption] Plat, certifies that the undersigned
has reviewed the [Exemption] Plat and by this certification hereby consents to said [Exemption] Plat and
to the recording thereof. Beneficiary further consents to said [Exemption] Plat as stated in the certificate
of dedication and ownership executed by the owner(s) hereon, and hereby subordinates any interest that
Beneficiary may have in and to the property subject to such dedication, to the entity(ies) or the general
public to which such dedication is made.
EXECUTED this —21— day of A.D., 207'O
L.t*01
STATE OF-C-atft fe )
ss
Golf t4k'
COUNTY OF -R-D )
Lienholder
The foregoing Lienholder Consent and Subordination was acknowledged before me this —9— day of
A.D., 2QLV, by.
My commission expires; 1710& IAti a �� TREiNAM{3NETT.HIJMA '.
p'i'� � 7w Notary Public - State of Utah
03588
Witness m hand and official seal. � Comm. No. Expire
y \r�F, My [ommisslao Expires on
r•:'' bee fi, 2022
s
(SEAL)
Notary Public
Lienholder:
** This Lienholder Consent and Subordination is recorded simultaneously with and incorporated hereto
as part of the Final flan Amendment of . recorded as reception
number In the Garfield County, Colorado Clerk and Recorder records.
61(2'2- Cave++J r-4 1('+
(Exception Needed in Title Certificate)
The undersigned, being the Beneficiary under a Deed of Trust granted by the Owner(s) upon the real
property platted and divided as shown upon the within [Exemption] Plat, certifies that the undersigned
has reviewed the [Exemption) Plat and by this certification hereby consents to said [Exemption] Plat and
to the recording thereof. Beneficiary further consents to said [Exemption] Plat as stated in the certificate
of dedication and ownership executed by the Owner(s) hereon, and hereby subordinates any interest that
Beneficiary may have in and to the property subject to such dedication, to the entity(ies) or the general
public to which such dedication is made.
EXECUTED this z5 day of j�"" , A.D., 20 2-'?
STATE OF COLORADO )
ss
COUNTY OF GARFIELD )
Lienholder
The foregoing Lienholder Consent and Subordination was acknowledged before me this `Z5 day of
l�Yi�i7�1V . A.D., 2Ceo by _ ?!21:r i/w2_ A#,Q-d
My commission expires: .a'012/ 1XO%3
Witness my hand and official seal.
=EVELYRNOTAROLOR,4b063My Co1212023
Lienholder:
&9&n Aatly""
Notary Public
** This Lienholder Consent and Subordination is recorded simultaneously with and incorporated hereto
as part of the Final Plan Amendment of , recorded as reception
number In the Garfield County, Colorado Clerk and Recorder records.
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Lienholder Consent Form — Adjustments to 11111at Certificate
The lienholder certificate on the plat will also be edited to acknowledge the use of the lienholder
consent form. Take note that the lienholder consent form will need to be recorded concurrent
wit FtWpTaf --9-eV R ited T 1—e fif io1&r certi icate language -below
1enhold r Consvnt and Subordination
Se& L enholdsrs Consent vnd Sabordlr7 llbn ,recorded $eparately as
Recepllon No.-- -----In the Gorfi'eld County Clem* and Rvcarders Ofrim
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