HomeMy WebLinkAbout1.00 ApplicationLAND USE APPLICATION
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
Tax Parcel Number 239131318012
15 September 2021
An application for Land Use Change Permit to construct a Secondary Dwelling
Unit and Amended Final Plat – Directors Decision to modify existing Building
Envelope
Represented by:
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
Land Use Change Permit to Construct a Secondary Dwelling Unit and Amended Final Plat –
Directors Decision to Modify Existing Building Envelop
15 September 2021 Page | 1
TABLE OF CONTENTS
Project Overview and Code Response
Attachment 1 – Vicinity Map
Attachment 2 – Land Use Application Forms
Attachment 3 – Letter of Authorization
Attachment 4 – Statement of Authority
Attachment 5 – Proof of Ownership
Attachment 6 – Improvement Survey Plat prepared by High Country Engineering, Inc.,
dated 30 March 2021
Attachment 7 – Architectural Drawings and Schematic Landscape Plan
Attachment 8 – recorded Final Plat of St. Finnbar Farm
Attachment 9 – draft Amendment Final Plat of Lot 12, St. Finnbar Farm
Attachment 10 – Declaration of Protective Covenants for St. Finnbar Farm
Attachment 11 – Subdivision Improvement Agreement, St. Finnbar Farm
Attachment 12 – Well Permit Number 56630-F
Attachment 13 – Sewer Connection Main Agreement, St. Finnbar Farm
Attachment 14 – St. Finnbar Farm HOA Approval for Proposed Activities
Attachment 15 – Statement of Mineral Rights Ownership
Attachment 16 – Mailing Addresses Adjacent Property Owners Within 200 feet with map
Attachment 17 – Pre-application Conference Summaries
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
Land Use Change Permit to Construct a Secondary Dwelling Unit and Amended Final Plat –
Directors Decision to Modify Existing Building Envelop
15 September 2021 Page | 2
Project Overview
On behalf of the White/Nydahl Family Trust dated 6/19/2001 (the “Applicant”), owner of Lot 12,
St. Finbarr Farm (the “Property”), please accept this land use application for Land Use Change
Permit to construct a Secondary Dwelling Unit and Amended Final Plat – Directors Decision to
modify the existing Building Envelope. This application is submitted in conformance with Pre-
application Conference Summaries dated 12 July 2021 (Amended Final Plat) and 19 July
2021(Land Use Change Permit).
Per the Pre-application Conference Summary prepared for the Land Use Change Permit, two
Land Use Application Forms are required but materials supporting these applications can be
submitted and processed concurrently. Separate Land Application Forms have been made a
part of this application as Attachment 2.
Proposed Activities
The Applicant requests approval to:
Modify the existing building envelope to allow the siting of the proposed single-family
residence away from sensitive areas on the southern portion of the Property; and
Construct a Secondary Dwelling Unit (SDU) which will not exceed 1,500 SF in size that will
function as a separate dwelling unit in support of the single-family residence. The
structure containing the SDU will also house an office and workshop on the main floor.
Property Background
The Property, located in the St. Finnbar Farm Subdivision pursuant to Final Plat recorded at
Reception Number 574731 of the Garfield County Clerk and Recorder (the “Final Plat”), contains
2.48-acres and is zoned Rural. The Property is subject to the Declaration of Protective Covenants
for St. Finnbar Farm recorded at Reception Number 574733 of the Garfield County Clerk and
Recorder (the “Covenants”).
The proposed modification of the Building Envelope and proposed residential development
comply with the permitted uses of the Rural zone district and other applicable sections of the
Garfield County Land Use Code. The St. Finnbar Farm Homeowners Association (the “HOA”) has
reviewed and approved the proposed activities. The HOA approval has been made a part of
this application as Attachment 14.
The Property is served by sanitary sewer by Sewer Service Agreement by and between St.
Finnbar Land Company and the Ranch Association, dated 4 August 1999, recorded at Book
1146, Page 195 (Reception Number 50717) the Garfield County Clerk and Recorder. The Sewer
Service Agreement has been made a part of this application as Attachment 13. Well Permit
Number 56630-F provides for the domestic water source. The Well Permit has been made a part
of this application as Attachment 12.
Modification of Building Envelope
The Applicant proposes to modify the existing Building Envelope so that the proposed residential
development can be more sensitively accommodated on the Property. Specifically, the
modified Building Envelope will:
Avoid areas that are heavily vegetated and in a natural state;
Create greater separation from areas of mapped floodplain;
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
Land Use Change Permit to Construct a Secondary Dwelling Unit and Amended Final Plat –
Directors Decision to Modify Existing Building Envelop
15 September 2021 Page | 3
Remove an irrigation ditch from the Building Envelope a create a more substantial buffer
from the irrigation ditch;
Mitigate potential impacts to areas of possible wetlands; and
Provide for the construction of the proposed single-family residence and SDU in an
appropriate and non-impactful manner.
While the modified Building Envelope will generally remain in the same location on the Property,
approximately 4,000 SF of the southern portion of the existing Building Envelope will be relocated
to the northeastern corner of the Property. The relocated portions of the Building Envelope will
be contiguous to the existing Building Envelope. The overall size of the Building Envelope will
remain unchanged from existing conditions and access will continue to be provided via St.
Finnbar Road. The modified Building Envelope will continue to be generously setback from all
property lines and, in the case of the southern property line, setbacks will be significantly
increased. (See Sheet A100)
The proposed modification to the Building Envelope allows the residence and SDU to integrate
south facing patios and living area windows while allowing other aspects of the residence to
incorporate passive solar shading. This greatly reduces the heat load within the building,
lessening energy demand. (See Sheets A901 - A903)
Construction of Secondary Dwelling Unit (SDU)
The Applicant proposes the construction of a SDU that will provide an accessory dwelling unit on
the second floor of a detached structure. A private office and woodworking workshop will be
located on the main floor.
The Final Plat contained language from the Garfield County Land Use Code (the “LUC”) which
dictated the provision of accessory dwelling units at the time of the recording. This language
would have precluded the possibility of providing an accessory unit on the Property. The LUC
has since been updated in a manner that now allows accessory dwelling units on this property
(see Pre-application Conference dated 19 July 2021). The notes on the Final Plat also do not
contain language for Secondary Dwelling Units which were provided for in the LUC subsequent
to the recording of the Final Plat.
As the provision of accessory units was not anticipated on the Property at the time of the
recording of the Final Plat and the concept of a SDU unknown at that time, Staff has requested
the Applicant, prior to submission of this application, to work with the HOA to ensure that a SDU is
permitted by the HOA. Pursuant to this requirement, the Applicant requested a variance from
Section 8.1 of the Declaration of Protective Covenants for St. Finnbar Farm (the “Covenants”) to
allow for the construction of a SDU on the Property. A variance was required as the size of the
Property does not meet the 4-acre minimum acreage required for the provision of accessory
dwelling units in the HOA.
Section 8.1 of the Covenants state:
On each Lot there shall be constructed only one single family residence and such
accessory or incidental structures as may be permitted by the County in accordance
with its land use regulations and as approved by the SARC. Accessory Dwelling Units
("ADUs") shall be permitted on any Lot at least four (4) acres in size as long as each ADU
otherwise complies with the standards applicable to ADUs set forth in Garfield County
Zoning Resolution of 1978, as amended.
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
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Directors Decision to Modify Existing Building Envelop
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As SDUs were added to the Garfield County LUC as a potential use after the creation of the
Covenants in 2001, the Covenants did not address the creation of SDUs. SDUs and ADUs are
closely related. Both are accessory structures intended for human habitation and both
represent the only manner in Garfield County that a homeowner can provide two separate
dwelling units on the same parcel. The two differ only in size. SDUs allow for 1,500 SF while ADUs
are limited to 1,000 SF.
Section 13 of the Covenants allows the HOA to grant variances from the strict application of the
Covenants. Section 13 states:
The Association may, by the majority vote of the members of its Board, grant reasonable
variances from the strict compliance with the provisions of this Declaration in the case of
undue hardship. The Owners of all of the Lots shall be given at least twenty (20) days
advance written notice setting forth the time and place of the meeting of the Board at
which any request for a variance is to be considered and describing the requested
variance. Owners or their representatives shall be afforded the opportunity to appear
before the meeting of the Board and be heard with respect to the requested variance.
Separate procedures are provided in Section 5.6 and shall be followed with regard to
variances from architectural controls.
Architectural Overview of the Single-family Residence, the SDU, and associated site features
The design of the residence is predominantly a one-story structure with a two-story element
containing the SDU. (See Sheets 301-304) Total square footage of the residence is 5,764 SF. The
1,500 SF SDU is positioned in the northeastern corner of the proposed Building Envelope. All
proposed development has been strategically placed to preserve and utilize the existing stand
of cottonwood trees on the southeast area of the site to minimize visual impacts to the east.
(See Sheet A100)
The residence consists of two secondary wings flanking a central living volume. The flanking
wings reach out to the north and south creating an entry courtyard to the north, and an outdoor
patio living areas to the south. This articulated building approach creates three distinct building
masses which helps break up and diminish perceived building mass on the Property. (See Sheet
201 and Sheets 301 and 302)
The exterior materials are combination of stone, wood, and a darkened and natural tone metal
panel. The stone is a medium gray with hints of amber and tan which will attractively contrast
with the vertical, light weathered gray color siding. The SDU is clad in a vertical, naturally
preserved wood siding with metal accents relating to the main residence. (See Sheets 901-901
and Sheet 904)
The landscaped areas will include tightly knit patios connecting to the interior spaces. The
efficient organization of exterior space will allow the preservation of much of the natural
landscape. Perimeter screening pines and native grasses and shrubs will complete the
landscape design approach. A gathering area with firepit will be located to the south of the
residence.
We look forward to working the Garfield County Community Development Department in
connection with the review of this application.
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
Land Use Change Permit to Construct a Secondary Dwelling Unit and Amended Final Plat –
Directors Decision to Modify Existing Building Envelop
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Code Response
4-103. ADMINISTRATIVE REVIEW.
A. Overview. Applications subject to Administrative Review shall be reviewed and decided by the Director.
B. Review Process. Applications for Administrative Review shall be processed according to Table 4-102, Common
Review Procedures and Required Notice, with the following modifications:
1. Pre-Application Conference. This requirement may be waived by the Director.
A Pre-application Conference was held on 30 June 2021. Copies of the Pre-
application Conference Summaries (the “Pre-apps”) have been made a part of this
application.
2. Determination of Completeness. Once the application is deemed technically complete, the Director
will send a letter to the Applicant that indicates:
a. The additional number of copies to be delivered to the County;
b. The date that the Director will render a decision or, if the Director decides to refer the
application to the BOCC, the date that the BOCC will hear the Application; and
c. The notice form that the Applicant is required to mail to the Adjacent Property Owners and
mineral estate owners and lessees.
The Applicant will provide the number copies of this application as provided for in
the Pre-apps. The Applicant will also cause the public notice to be sent to
adjacent property owners as well as mineral estate owners and lessees, as
appropriate.
3. Notice. The Applicant shall mail notice pursuant to section 4-101.E.b.(2), - (4)., at least 15 days prior
to the date of the Director’s decision and shall provide proof of adequate notice prior to any decision.
The notice shall include a Vicinity Map, the property’s legal description, a short narrative describing the
current zoning and proposed Land Use Change, the contact information for the Community
Development Department and the date that the Director will make a decision.
The Applicant will mail public notice pursuant to Section 4-101.E.b.2, - (4) at least 15 days
prior to the date of the Director’s Decision. Proof of adequate notice will be provided
prior to the Director’s decision. A list of all property owners within two hundred (200) feet
of the Property, as well as a map, has been made a part of this application.
4. Decision.
a. Director Decision. If the Director decides the application, the Director will inform the
Applicant and the BOCC of the approval, conditions of approval, or basis for denial, in writing
within 10 days of the date of decision.
b. BOCC Decision. If the application is referred to the BOCC for a decision, the BOCC will
memorialize their decision of approval, conditions of approval or basis for denial in the form of
a Resolution.
It is understood that a Director’s Decision will be provided for both the Land Use
Change Permit and Amended Final Plat.
5. Call-Up to the BOCC. The Director’s decision is subject to section 4-112, Call-Up to the BOCC.
C. Review Criteria. An application shall comply with the applicable standards of this Code.
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
Land Use Change Permit to Construct a Secondary Dwelling Unit and Amended Final Plat –
Directors Decision to Modify Existing Building Envelop
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This application complies with the applicable standards of the Garfield County Code.
Code responses have been provided below for the pertinent code sections and as
outlined in the Pre-apps.
4-118. WAIVER OF STANDARDS.
A. Overview. This section allows an Applicant to request a waiver of standards in Article 7 as part of Land Use
Change Permit process. A request for a waiver from a specific Article 7 standard for a By Right Use as identified
in Table 3-403 shall be processed as an Administrative Review Land Use Change Permit (Section 4-103).
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-21
The Applicant requests a waiver from submitting a Traffic Study. The proposed single-
family development will have minimal impacts to the existing roadway system. The
existing roadway system has capacity to receive the additional residential traffic.
Moreover, the Property is part of the St. Finnbar Farm Subdivision, a Board approved
subdivision of Garfield County. Development of this lot in the manner as currently
proposed was anticipated at that time.
B. Review Process. A request for waiver of standards shall be processed according to Table 4-102, Common
Review Procedures and Required Notice, with the following modifications:
1. An Applicant applying for a waiver shall present and justify the waiver request as part of the
application. Failure to make a timely request for a waiver may result in a staff recommendation to the
Decision-Making Body that the request should be denied. Final approval of any proposed waiver shall
be the responsibility of the Decision-Making Body of the Land Use Change application.
The Applicant has made a request for a waiver from submitting a Traffic Study as
a part of this application. It is understood that the Director will make the final
decision on this waiver request.
2. An approved waiver shall apply only to the specific site for which it is requested and shall not
establish a precedent for approval of other requests.
The Waiver request is only submitted in connection with proposed development on
the Property.
C. Review Criteria. A waiver may be approved if the Applicant demonstrates that the following criteria have been
met by the proposed alternative:
1. It achieves the intent of the subject standard to the same or better degree than the subject standard;
and
2. It imposes no greater impacts on adjacent properties than would occur through compliance with the
specific requirements of this Code.
The proposed single-family development will have minimal impacts to the existing
roadway system. The existing roadway system has capacity to receive the additional
residential traffic and traffic above and beyond standard residential use is not
anticipated. Moreover, the Property is part of the St. Finnbar Farm Subdivision, a Board
approved subdivision of Garfield County. Development of this lot in the manner as
currently proposed was anticipated at that time.
4-201. APPLICATION MATERIALS.
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
Land Use Change Permit to Construct a Secondary Dwelling Unit and Amended Final Plat –
Directors Decision to Modify Existing Building Envelop
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A. Required Submissions. This Division identifies the application materials required by this Code, including
some submittal materials required for Article, 5, Divisions of Land.
This application contains the application materials as required by code and as outlined in
the Pre-apps.
B. Additional Submissions. The required application materials are identified below in Table 4-201. In addition,
the Director, in his or her discretion, may request any additional information necessary to adequately review an
application and to determine compliance with the standards of this Code.
In the event additional application materials are requested, the Applicant will provide these
materials as appropriate.
4-202. WAIVER OF SUBMISSION REQUIREMENTS.
A. Overview. The Director may waive or alter any of these requirements if they are determined to be
inappropriate or unnecessary in determining whether the application satisfies applicable standards. A waiver
shall apply only to the specific application for which it was requested and shall not establish a precedent for
approval of other requests.
The Applicant requests a waiver from submission requirements for a Grading and
Drainage Plan, Impact Analysis, water supply/distribution plan, and wastewater
management/treatment plan.
The characteristics of the site, located within the St. Finnbar Subdivision, dictates that all
drainage can be successfully maintained on the Property. Larger areas of impervious
area are not proposed and all stormwater can be manage onsite through infiltration into
the surrounding landscape. It is not anticipated that stormwater detention ponds or dry-
wells will be required though there is sufficient area for these features to be provided, if
necessary. Appropriate positive grading will be provided around all structures.
An Impact Analysis is not required as the impacts of the proposed single-family residence
with SDU will not cause direct or indirect effects or consequences upon the land, the
environment, the community, or any part or segment thereof. This includes physical,
environmental, economic, visual, auditory, or social consequences or effects. The
proposed development is located within the St. Finnbar Farm Subdivision and
development of the Property was anticipated with approval of the subdivision. The
addition of the SDU, which was not expressly contemplated on the Property at the time
of subdivision approval, has since been reviewed and the impacts determined to be
minimal by the HOA. All proposed activities will be consistent with existing use patterns.
A Water Supply/Distribution Plan and Wastewater Management/Treatment Plan is not
required as the Property will be served by the existing wastewater system provided for via
Sewer Connecting Main Agreement, recorded at Reception Number 553171. A copy of
this agreement has been made a part of this application. Water will be provided via
individual well, well permit 56630-F. Again, development of the Property was
anticipated, and the existing sanitary sewer systems and water supply will be adequate,
to the best of the Applicant’s knowledge.
B. Review Process.
1. Applicant shall request the waiver of a submission requirement in writing as part of an application
submission.
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
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The Applicant request waivers in writing above.
2. The Director shall review the request as part of the completeness review and make a determination
regarding whether to waive or require the information. The Director may refer the waiver request to the
BOCC for consideration at a Public Meeting.
The Applicant will provide additional information as requested and/or as appropriate.
3. The Director shall notify the Applicant in writing of the determination whether to waive submission
requirements and include a summary of the decision in the staff report.
4. The Director’s determination regarding waiver of submission requirements is subject to call-up
pursuant to section 4-112.
C. Review Criteria. A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
The Applicant has outlined information supporting the requested waivers above.
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
The Applicant is proposing a single-family residence with SDU which is consistent with use
and intensity patterns of adjacent properties. The proposed development will not cause
direct or indirect effects or consequences resulting from a development upon land, the
environment, the community, or any part or segment thereof.
3. The waiver does not compromise a proper and complete review; and
The requested waiver will in no way compromise a proper and complete review of this
application.
4. The information is not material to describing the proposal or demonstrating compliance with approval
criteria.
The information would not be material in describing the proposed development nor
required to demonstrate compliance with the applicable approval criteria.
Article 5: Division of Land
5-305. AMENDED FINAL PLAT REVIEW.
A. Overview. This process shall be used to modify a Plat such as, but not limited to, modifying Lot Lines,
Building Envelopes, easement locations, or other interests.
The Applicant request to amend the final plat of St. Finnbar Farm Subdivision to modify
the platted Building Envelope on the Property.
B. Review Process. An application for an Amended Final Plat shall be processed pursuant to section 4-103,
Administrative Review, and consistent with Table 5-103, with the following modification:
1. The Amended Final Plat shall be presented to the BOCC for signature, prior to recording with the
County Clerk and Recorder.
Understood.
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C. Review Criteria An application for an Amended Final Plat shall meet the following criteria:
1. Does not increase the number of lots; and
The Amended Final Plat will not increase the number of lots within the St. Finnbar Farm
Subdivision.
2. Does not result in a major relocation of a road or add any new roads; or
The Amended Final Plat will not result in major relocations of roads or the creation of new
roads.
3. Will correct technical errors such as surveying or drafting errors.
The Amended Final Plat is not to correct technical errors.
5-402. DESCRIPTION OF SUBMITTAL REQUIREMENTS.
F. Final Plat.
Final Plat shall be of an engineer’s scale. Final Plat shall be prepared in a clear and legible manner on
reproducible film stock measuring 24 inch by 36 inch with clear margins of 2 inches on the left-hand side and ½
inch on the remaining sides. The Final Plat shall contain the following information, as well as any additional
information as required by the Director and/or BOCC, in a format prescribed by the County:
1. Name and address of the property owner(s) and mineral owner(s) of record of the land being platted.
2. Name, address, and seal of the certifying registered land surveyor preparing the Final Plat.
3. Legal description and area of the property.
4. Vicinity Map.
5. Location and full description of all monuments as required by this Code and by C.R.S., Title 38,
Article 51: a. Permanent monuments shall be set on the external boundary of the Subdivision pursuant
to C.R.S. § 38-51-101; b. Block and lot monuments shall be set pursuant to C.R.S. § 38-51- 101; and c.
Information adequate to locate all monuments shall be noted on the Plat.
6. Boundary lines, corner pins, and dimensions of the subject parcel(s), including land survey data to
identify the subject parcel by section corners, distance and bearing to these corners, quarter corner,
township, and range.
7. The lengths of all arcs, radii and tangents. Sufficient data shall be shown for all curved lines on the
Plat to enable reestablishment of the curves in the field.
8. Lot location and layout: a. All lots and blocks shall be numbered consecutively; and b. The
dimensions of all lots and the area of each lot shown to 2 decimal places.
9. Name, location, and width of rights-of-way, including those intersecting or paralleling the Plat
boundaries within 200 feet.
10. Name and map number of any bordering Subdivisions within 200 feet of the boundaries of the Plat.
11. Municipal limits within 200 feet of the boundaries of the Plat.
12. Location, width, purpose, and owners of all easements. A Plat note may be necessary to provide
complete information regarding the purpose of the easement. Maintenance easements shall be provided
for ditches as required in section 7-201.E.3.
13. Location, area, and means of access of all property to be reserved and/or dedicated, with the means
of access to such property clearly shown and its intended uses noted.
14. A legally acceptable land description and dedication block placed on the Plat by the Applicant
dedicating streets, rights-of-way, public sites, and other such features. The transfer to the County of
dedicated land shall take place by a legally acceptable instrument prior to or concurrent with Final Plat
acceptance, but before recording of the Final Plat.
15. All lands within the boundary of the Subdivision shall be accounted for as a lot, tract, parcel, Open
Space, street, right-of-way, Alley, and so forth, and all areas of such lands shall be shown on the plat to
the nearest 100th of an acre.
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16. Any protective covenants/restrictions shall be noted on the Plat or, if protective covenants/restrictions
are recorded, the book and page of these recorded documents shall be shown on the Plat prior to the Plat
being recorded.
17. All required Plat notes, exemptions, contracts, and any additional notes, Building Envelopes or other
information as required by the County. 18. Executed certificates, notices, and statements, as required by
the County.
ARTICLE 7: STANDARDS
DIVISION 1. GENERAL APPROVAL STANDARDS.
The following standards apply to all proposed Land Use Changes, including divisions of land, unless elsewhere
in this Code a use is explicitly exempt from one or more standards.
7-101. ZONE DISTRICT USE REGULATIONS. The Land Use Change shall comply with Article 3, Zoning,
including any applicable zone district use restrictions and regulations.
The proposed land use change is consistent with Rural zoning.
7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. The Land Use Change is
in general conformance with the Garfield County Comprehensive Plan and complies with any applicable
intergovernmental agreement.
The proposed land use change is consistent with the Comprehensive Plan and
applicable intergovernmental agreements.
7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land
uses.
The nature, scale, and intensity of the proposed use are compatible with adjacent land
uses. The proposed development has been approved by the HOA.
7-104. SOURCE OF WATER. All applications for Land Use Change Permits shall have an adequate, reliable,
physical, longterm, and legal water supply to serve the use, except for land uses that do not require water, or that
contain Temporary Facilities served by a licensed water hauler.
The proposed use has adequate, reliable, physical, long term, legal water supply to use
via individual well, well permit number 56630-F.
A. BOCC Determination. The BOCC, pursuant to C.R.S. § 29-20-301, et seq., shall not approve an
application for a Land Use Change Permit, including divisions of land, unless it determines in its sole
discretion, after considering the application and all of the information provided, that the Applicant has
satisfactorily demonstrated that the proposed water supply will be adequate. Nothing in this section shall
be construed to require that the Applicant own or have acquired the proposed water supply or
constructed the related infrastructure at the time of the application.
Not applicable. This application is for Director’s decision.
B. Determination of Adequate Water. The BOCC’s sole determination as to whether an Applicant has an
Adequate Water Supply to meet the water supply requirements of a proposed development shall be based
on consideration of the following information:
1. The documentation required by the Water Supply Plan per section 4- 203.M.;
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2. A letter from the State engineer commenting on the documentation provided in the Water
Supply Plan per section 4-203.M.;
3. Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of
acquiring water for or expanding or constructing the infrastructure to serve the proposed
development; and
4. Any other information deemed relevant by the BOCC to determine, in its sole discretion,
whether the water supply for the proposed development is adequate, including without
limitation, any information required to be submitted by the Applicant pursuant to this Code or
State statutes.
Not applicable.
7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS.
A. Water Distribution Systems. The land use shall be served by a water distribution system that is
adequate to serve the proposed use and density.
Water will be provided through individual well, Well Permit Number 56630-F.
B. Wastewater Systems. The land use shall be served by a wastewater system that is adequate to serve the
proposed use and density.
The Property will be served by the existing wastewater system provided for via
Sewer Connecting Main Agreement, recorded at Reception Number 553171. A
copy of this agreement has been made a part of this application.
7-106. PUBLIC UTILITIES.
A. Adequate Public Utilities. Adequate Public Utilities shall be available to serve the land use. 7-3
Adequate public utilities serve the land.
B. Approval of Utility Easement by Utility Company. Utility easements shall be subject to approval by the
applicable utility companies and, where required, additional easements shall be provided for main
switching stations and substations. The Applicant shall work with the utility companies to provide
reasonably sized easements in appropriate locations.
Adequate public utility easements have been provided and are of record.
C. Utility Location. Unless otherwise provided in this Code, the following conditions shall apply to the
location of utility services.
1. Underground Location. All utilities except major power transmission lines, transformers,
switching and terminal boxes, meter cabinets, and other appurtenant facilities shall be located
underground throughout the development unless it is demonstrated to the satisfaction of the
BOCC that compliance is impractical or not feasible and will result in undue hardship.
Not applicable. Development is for a single-family residence within an
approved subdivision.
2. Easement Location. As applied to Subdivisions and Exemptions, all utility lines, including
appurtenances, shall be placed either within roads or public rights-of-way.
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Not applicable. Development is for a single-family residence within an
approved subdivision.
3. Dimensional Requirements.
a. Easements centered on common Rear Lot Lines shall be at least 16 feet wide.
b. Where an easement abuts a Rear Lot Line that is not the Rear Lot Line of another
lot, or that is on the perimeter of the development, the easement width shall be a
minimum of 10 feet.
c. Where inclusion of utilities within the Rear Lot Line is impractical due to
topographical or other conditions, perpetual unobstructed easements at least 10 feet in
width shall be provided alongside Lots Lines with satisfactory access to the road or
Rear Lot Line.
d. Where easements are combined with a water course, drainage way, channel, or
stream and the use would be in conflict with drainage requirements or Wetlands, an
additional utility easement of at least 10 feet in width shall be provided.
e. Multiple use of an easement is encouraged to minimize the number of easements.
Not applicable. Development is for a single-family residence within an
approved subdivision.
D. Dedication of Easements. All utility easements shall be dedicated to the public. Drainage
easement may be dedicated to either the public or to an HOA.
Not applicable. Development is for a single-family residence within an
approved subdivision.
E. Construction and Installation of Utilities. Applicants shall make the necessary arrangements with
each service utility for the construction and installation of required utilities. Utilities shall be installed in
a manner that avoids unnecessary removal of trees or excessive excavations, and shall be reasonably
free from physical obstructions.
Not applicable. Development is for a single-family residence within an approved
subdivision.
F. Conflicting Encumbrances. Easements shall be free from conflicting legal encumbrances.
Not applicable. Development is for a single-family residence within an approved
subdivision.
7-107. ACCESS AND ROADWAYS. All roads shall be designed to provide for adequate and safe access and shall
be reviewed by the County Engineer.
A. Access to Public Right-of-Way. All lots and parcels shall have legal and physical access to a public
right-of-way.
Legal access will be provided from the residence to St. Finnbar Farm Road.
B. Safe Access. Access to and from the use shall be safe and in conformance with applicable County,
State, and Federal access regulations. Where the Land Use Change causes warrant(s) for improvements
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
Land Use Change Permit to Construct a Secondary Dwelling Unit and Amended Final Plat –
Directors Decision to Modify Existing Building Envelop
15 September 2021 Page | 13
to State or Federal highways or County Roads, the developer shall be responsible for paying for those
improvements.
Access to and from the residence will safe and in conformance with applicable
County, State, and Federal access regulations, as applicable. The Land Use
Change will not require improvements to existing access.
C. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely
service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe
traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through
roadway improvements or impact fees, or both.
Adequate capacity is present to ensure efficient and sage service for the minimal
additional traffic generated by the residence.
D. Road Dedications. All rights-of-way shall be dedicated to the public and so designated on the Final
Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and
accepts them as such.
Not applicable.
E. Impacts Mitigated. Impacts to County roads associated with hauling, truck traffic, and equipment use
shall be mitigated through roadway improvements or impact fees, or both.
Not applicable. Development is for a single-family residence within an approved
subdivision.
F. Design Standards. Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows:
Not applicable. Development is for a single-family residence within an approved
subdivision.
7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. Land subject to identified Natural and Geologic
Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall
not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site
conditions as designed by a qualified professional engineer and as approved by the County.
To the best of the Applicant’s knowledge, the land is not identified within natural and
geologic hazard area.
7-109. FIRE PROTECTION. A. Adequate Fire Protection. Adequate fire protection will be provided for each
land use change as required by the appropriate fire protection district. B. Subdivisions. All divisions of land must
be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access,
fire lanes, water sources for fire protection, fire hydrants, and maintenance provisions.
The Applicant is committed to providing appropriate fire protection as required by the
appropriate fire protection district. It is understood that this application will be referred to
the appropriate fire protection district for review.
DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS.
The following resource protection standards apply to all proposed Land Use Changes, including divisions of land
unless elsewhere in this Code a use is explicitly exempt from 1 or more standards.
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
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7-201. AGRICULTURAL LANDS.
Not applicable. The Property is not adjacent to or directly affecting agricultural lands or
operations.
7-202. WILDLIFE HABITAT AREAS.
The Applicant shall consult with the Colorado Parks and Wildlife or a qualified wildlife biologist in determining
how best to avoid or mitigate impacts to wildlife habitat areas.
Not applicable. Development is for a single-family residence within an approved
subdivision. The Building Envelope is requested to be modified to create greater
separation from adjacent natural areas.
7-203. PROTECTION OF WATERBODIES.
Not applicable. The proposed Development is for a single-family residence within an
approved subdivision. The residence will not be immediately adjacent to waterbodies.
7-204 DRAINAGE AND EROSION.
A. Erosion and Sedimentation. Excluding Grading activities for agricultural purposes, development disturbing 1
acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise
exempted by CDPHE.
As part of the Building Permit process, the Applicant will apply for CDPHE NPDES Permit, if
required.
B. Drainage
1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide positive drainage away
from all buildings.
The lot is generally flat. Positive drainage will be provided around all buildings on the
Property.
2. Coordination With Area Storm Drainage Pattern. Individual lot drainage shall be coordinated with
the general storm drainage pattern for the area.
Storm drainage will be coordinated with general storm drainage patters in the
subdivision, as necessary and applicable.
a. Drainage ditches shall have a minimum Slope of no less than 0.75%. Energy dissipaters or
retention ponds shall be installed in drainage ditches where flows are in excess of 5 feet per second.
Ditches adjacent to roads shall have a maximum Slope of 3:1 on the inside and outside edges, except
where there is a cut Slope on the outside edge, in which case the edge of the ditch shall be matched to the
cut Slope. Setback Setback Figure 7-203: Minimum Setback Distance 7-11
Not applicable. No new drainage ditches are anticipated to be provided. An
existing ditch which crosses the Property but is not utilized will be
decommissioned.
b. Subdrains shall be required for all foundations where possible and shall divert away from
building foundations and daylight to proper drainage channels.
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
Land Use Change Permit to Construct a Secondary Dwelling Unit and Amended Final Plat –
Directors Decision to Modify Existing Building Envelop
15 September 2021 Page | 15
Subdrains will be provided is necessary and if possible.
c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid concentration of
drainage from any lot to an adjacent lot.
All drainage will be accommodated on the Property.
C. Stormwater Run-Off. These standards shall apply to any new development within 100 feet of a Waterbody and
to any other development with 10,000 square feet or more of impervious surface area.
Not applicable.
7-205. ENVIRONMENTAL QUALITY.
A. Air Quality. Any Land Use Change shall not cause air quality to be reduced below acceptable levels
established by the Colorado Air Pollution Control Division.
The proposed Land Use Change will not cause air quality to be reduced below
acceptable levels.
B. Water Quality. At a minimum, all hazardous materials shall be stored and used in compliance with applicable
State and Federal hazardous materials regulations.
To the extent they are stored on the Property, all hazardous materials will be stored and
used in compliance with applicable hazardous materials regulations.
7-206. WILDFIRE HAZARDS. The following standards apply to areas subject to wildfire hazards as identified
on the County Wildfire Susceptibility Index Map as indicated in the County’s Community Wildfire Protection
Plan.
The Property is mapped in a “NR” zone, according to the County Wildfire Susceptibility
Index Map.
A. Location Restrictions. Development associated with the land use change shall not be located in any
area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney
as identified by the Colorado State Forest Service.
The proposed development is not located in a severe wildfire hazard area, to the best of
the Applicant’s knowledge, nor does the Property contain slopes greater than 30%.
B. Development Does Not Increase Potential Hazard. The proposed Land Use Change shall be
developed in a manner that does not increase the potential intensity or duration of a wildfire, or
adversely affect wildfire behavior or fuel composition.
The proposed development will not increase the potential hazard of wildfire.
C. Roof Materials and Design. Roof materials shall be made of noncombustible materials or other
materials as recommended by the local fire agency.
The Applicant will ensure that roofing materials are made of noncombustible materials or
other materials as may be recommended by the local fire agency.
7-207. NATURAL AND GEOLOGIC HAZARDS.
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
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Directors Decision to Modify Existing Building Envelop
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A. Utilities. Above-ground utility facilities located in Hazard Areas shall be protected by barriers or
diversion techniques approved by a qualified professional engineer. The determination to locate utility
facilities above ground shall be based upon the recommendation and requirements of the utility service
provider and approved by the County.
Not applicable. The proposed development is for a single-family residence within an
approved subdivision.
B. Development in Avalanche Hazard Areas. Development may be permitted to occur in Avalanche
Hazard Areas if the development complies with the following minimum requirements and standards, as certified
by a qualified professional engineer, or qualified professional geologist, and the plan approved by the County.
Not applicable. The proposed development is not located in an Avalanche Hazard
Area.
C. Development in Landslide Hazard Areas. Development may be permitted to occur in Landslide
Hazard Areas only if the development complies with the following minimum requirements and
standards, as certified by a qualified professional engineer, or qualified professional geologist, and as
approved by the County.
Not applicable. The Property is not located within a Landslide Hazard Area, to the best
of the Applicant’s knowledge.
D. Development in Rockfall Hazard Areas. Development shall be permitted to occur in rockfall Hazard
Areas only if the Applicant demonstrates that the development cannot avoid such areas and the
development complies with the following minimum requirements and standards, as certified by a
qualified professional engineer, or a qualified professional geologist, and as approved by the County.
Not applicable. The Property is not located within a Rockfall Hazard Area, to the best of
the Applicant’s knowledge.
E. Development in Alluvial Fan Hazard Area. Development shall only be permitted to occur in an
alluvial fan if the Applicant demonstrates that the development cannot avoid such areas, and the
development complies with the following minimum requirements and standards, as certified by a
qualified professional engineer, or qualified professional geologist, and as approved by the County
Not applicable. The Property is not located within an Alluvial Fan Hazard Area, to the
best of the Applicant’s knowledge.
F. Slope Development. Development on Slopes 20% or greater shall only be permitted to occur if the
Applicant demonstrates that the development complies with the following minimum requirements and
standards, as certified by a qualified professional engineer, or qualified professional geologist, and as
approved by the County: 7-15
Not applicable. The Property does not contain areas of slope greater than 20%.
G. Development on Corrosive or Expansive Soils and Rock. Development in areas with corrosive or
expansive soils and rock shall be designed based upon an evaluation of the development’s effect on
Slope stability and shrink-swell characteristics. Development shall be permitted only if the Applicant
demonstrates that the development cannot avoid such areas and the development complies with design,
construction stabilization, and maintenance measures certified by a qualified professional engineer, or
qualified professional geologist, and is approved by the County.
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
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Not applicable. The Property does not contain, the best of the Applicant’s knowledge,
corrosive or expansive soils or rock.
H. Development in Mudflow Areas. Development shall be permitted in a mudflow area only if the
Applicant demonstrates that the development cannot avoid such areas, and the development adequately
employs, construction stabilization, and mitigation and maintenance measures as designed by a qualified
professional engineer, or qualified professional geologist, and as approved by the County.
Not applicable. The Property is not located within a Mudflow Area, to the best of the
Applicant’s knowledge.
I. Development Over Faults. Development shall be permitted over faults only if the Applicant
demonstrates that such areas cannot be avoided and the development complies with mitigation measures
based on geotechnical analysis and recommendations, as certified by a qualified professional engineer,
or qualified professional geologist, and approved by the County.
Not applicable. The proposed development will not cross over faults, to the best of the
Applicant’s knowledge.
7-208. RECLAMATION.
A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit,
including divisions of land, as well as to the following activities:
1. Installation of ISDS. Installation of a new or replacement ISDS.
2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a
CDOT Access Permit.
3. Preparation Area. All areas disturbed during development that do not comprise the longer-term
functional areas of the site but are those areas used for the short-term preparation of the site.
B. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural-appearing
landforms that blend in with adjacent undisturbed topography. When the final landform is achieved, the surface
shall be stabilized by vegetation or other means to reduce further soil erosion from wind or water, provide forage
and cover, prevent fugitive dust as required by State Statute, and reduce visual impacts.
Areas disturbed during development will be restored as natural-appearing landforms
that blend in with adjacent undisturbed topography. When the final landform is
achieved, the surface will be stabilized by vegetation or other means to reduce further
soil erosion from wind or water, provide forage and cover, prevent fugitive dust as
required by State Statute, and reduce visual impacts.
1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall
be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be
planted and have vegetation established. A uniform vegetative cover shall be established with an
individual plant density of at least 70% of predisturbance levels within 4 growing seasons. Revegetation
cover shall consist of a diversity of native and/or beneficial nonnative vegetation species capable of
supporting the post-disturbance land use. State or County listed noxious weeds, as well as alien annual
invasive species, do not count as part of the 70% cover. To the maximum extent feasible, disturbed areas
shall be revegetated to a desired plant community with composition of weed-free species and plant cover
typical to that site.
Abrupt angular transition and linear placement of contouring and revegetation
will be avoided. All areas of regrading will be revegetated and will attain at least
70% of predisturbance levels within four (4) growing seasons. A varied plant
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
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15 September 2021 Page | 18
palette will be utilized of native and/or nonnative yet beneficial vegetation. A
weed suppression program will be instituted.
2. Weed Management. A management plan with appropriate strategies shall be employed for all Garfield
County listed noxious weeds, State of Colorado listed noxious weeds that are targeted for statewide
eradication and any other invasive species.
A weed suppression program will be instituted.
3. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas and managed for
later use in reclamation. Provisions for salvaging on-site topsoil, a timetable for eliminating topsoil
and/or aggregate piles and a plan that provides for soil cover if any disturbances or stockpiles will sit
exposed for a period of 90 days or more shall be reviewed and accepted by the Garfield County
Vegetation Manager.
Top soil will be stockpiled and placed on disturbed areas and managed for later
use in reclamation. Provisions for salvaging on-site topsoil, a timetable for
eliminating topsoil and/or aggregate piles and a plan that provides for soil cover
if any disturbances or stockpiles will sit exposed for a period of 90 days or more will
be reviewed and accepted by the Garfield County Vegetation Manager, as
requested and appropriate.
4. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with
the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets
conducive to revegetation.
To the extent they are utilized on the Property, retaining walls made of wood,
stone, vegetation, or other materials that blend with the natural landscape will be
used to reduce the steepness of cut slopes and to provide planting pockets
conducive to revegetation.
5. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue,
branches, limbs, stumps, roots, or other such flammable lot-clearing debris shall be removed from all
areas of the lot in which such materials are generated or deposited, prior to final building inspection
approval.
All vegetative residue, branches, limbs, stumps, roots, or other such flammable lot-
clearing debris will be removed from all areas of the lot in which such materials
are generated or deposited, prior to final building inspection approval.
6. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps,
and other debris shall be removed from the site.
Within 6 months of substantial completion of soil disturbance, all brush, stumps,
and other debris will be removed from the site.
7. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site.
A timeline will be approved for the reclamation of the site.
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS.
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
Land Use Change Permit to Construct a Secondary Dwelling Unit and Amended Final Plat –
Directors Decision to Modify Existing Building Envelop
15 September 2021 Page | 19
Unless a use is explicitly identified elsewhere in this Code as being exempt from 1 or more standards, the
following standards shall apply to all uses, divisions of land and PUDs.
7-301. COMPATIBLE DESIGN. The design of development associated with the land use change shall be
compatible with the existing character of adjacent uses. Single-family dwelling units are exempt from this
section.
Not applicable. The proposed development is for a single-family dwelling unit.
7-302. OFF-STREET PARKING AND LOADING STANDARDS.
Single-family dwelling units are exempt from this section.
Not applicable. The proposed development is for a single-family dwelling unit.
7-303. LANDSCAPING STANDARDS.
Single-Family Dwelling Units, Accessory Dwelling Units, Secondary Dwelling Units, 2-Unit Dwelling Units,
Industrial Uses and all uses located fully within a parcel of land in an Industrial Zone District are exempt from
this section.
Not applicable. The proposed development is for a single-family dwelling unit.
7-304. LIGHTING STANDARDS. Any exterior lighting shall meet the following conditions:
A. Downcast Lighting. Exterior lighting shall be designed so that light is directed inward, towards the interior of
the Subdivision or site.
Lighting has been designed so that light is directed inward, towards the interior of the
Property.
B. Shielded Lighting. Exterior lighting shall be fully shielded or arranged in a manner so that concentrated rays
of light will not shine directly onto other properties.
Exterior lighting will be fully shielded or arranged in a manner so that concentrated rays
of light will not shine directly onto other properties.
C. Hazardous Lighting. The direct or reflected light from any light source shall not create a traffic hazard.
Colored lights shall not be used in such a way as to be confused or construed as traffic control devices.
The direct or reflected light from any light source will not create a traffic hazard. Colored
lights will not be used in such a way as to be confused or construed as traffic control
devices.
D. Flashing Lights. Blinking, flashing, or fluttering lights, or other illuminated device that has a changing light
intensity, brightness, or color, shall be prohibited in all zone districts.
Blinking, flashing, or fluttering lights, or other illuminated device that has a changing light
intensity, brightness, or color, will not be utilized.
E. Height Limitations. Light sources which exceed 40 feet in height shall not be permitted except for temporary
holiday displays or as required by local, State or Federal regulations.
Not applicable
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
Land Use Change Permit to Construct a Secondary Dwelling Unit and Amended Final Plat –
Directors Decision to Modify Existing Building Envelop
15 September 2021 Page | 20
7-305. SNOW STORAGE STANDARDS.
All residential uses except for multi-family are exempt from this section, unless the residential use includes a
common outdoor parking area.
Not applicable. The proposed development is for a single-family dwelling unit and will
not include common outdoor parking areas.
7-306. TRAIL AND WALKWAY STANDARDS.
Single-family dwelling units are exempt from this section.
Not applicable. The proposed development is for a single-family dwelling unit.
DIVISION 4.
SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS.
The following standards apply to all divisions of land unless elsewhere in this Code a division of land is explicitly
exempt from 1 or more standards.
7-401. GENERAL SUBDIVISION STANDARDS.
A. Maintenance of Common Facilities. Maintenance of common facilities must be accomplished either
through covenants of a homeowners association, a separate maintenance agreement, or some other
perpetual agreement.
The Property is subject to the Covenants of the St. Finnbar Farm HOA.
B. Domestic Animal Control. In each residential unit within the Subdivision, domestic animals shall be
confined within the owner’s property boundaries and kept under control when not on the property. This
requirement for domestic animal control shall be included in the protective covenants for the
Subdivision, with enforcement provisions acceptable to the County.
The Property is subject to the Covenants of the St. Finnbar Farm HOA.
C. Fireplaces. Any new solid-fuel burning stove, as defined by C.R.S. § 25-7-401, et seq., shall be limited
to 1 per lot within a Subdivision. Open hearth, solid-fuel fireplaces shall be prohibited. All dwelling units
shall be allowed natural gas burning stoves and appliances.
To the extent they are utilized, only one solid-fuel burning stove will be utilized on
the Property. Open hearth, solid-fuel fireplaces will not be utilized. Natural gas
burning stoves and appliances will be utilized.
D. Development in the Floodplain.
The Property is not located within a floodplain.
7-402. SUBDIVISION LOTS. All lots in any Subdivision shall conform to the following specifications:
The Property is located in the St. Finnbar Farm Subdivision, a Board approved subdivision.
No modification is proposed to be made to the configuration of the lot.
7-403. SURVEY MONUMENTS.
12 St. Finnbar Farm Road (Lot 12, St. Finnbar Farm Subdivision)
Land Use Change Permit to Construct a Secondary Dwelling Unit and Amended Final Plat –
Directors Decision to Modify Existing Building Envelop
15 September 2021 Page | 21
The Property is located in the St. Finnbar Farm Subdivision, a Board approved subdivision.
Survey monuments have already been placed.
7-404. SCHOOL LAND DEDICATION.
The Property is located in the St. Finnbar Farm Subdivision, a Board approved subdivision.
School Land Dedications have been provided.
7-405. ROAD IMPACT FEES.
The Property is located in the St. Finnbar Farm Subdivision, a Board approved subdivision.
Road Impact Fees have been paid.
DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES.
7-701. ACCESSORY DWELLING UNIT & SECONDARY DWELLING UNIT
A lot may be permitted to have either an Accessory Dwelling Unit or a Secondary Dwelling Unit in addition to a
Single-Unit Dwelling, but not both.
The Applicant proposes the construction of only a SDU.
B. Secondary Dwelling Unit Standards
1) Maximum Floor Area. The Floor Area of a Secondary Dwelling Unit shall not exceed 1,500
square feet for a lot less than 4 acres. The Floor Area of a Secondary Dwelling Unit shall not
exceed 3,000 square feet for any lot 4 acres or greater.
The Floor Area of the SDU will not exceed 1,500 square feet for as the Property
contains less than 4 acres.
2) Ownership Restriction. A Secondary Dwelling Unit is restricted to leasehold interest in the
dwelling unit and is for residential or Home Office/Business use only.
In the event the SDU is occupied by someone other than a family member, the
SDU will only be leased. The SDU will be used only for residential or Home
Office/Business use only.
3) Compliance with Building Code. Construction shall comply with the standards set forth in
this Code and with Building Code requirements.
All construction will comply with the standards set forth in this Code and with
Building Code requirements.
4) Minimum Lot Area. The minimum Lot Size for a Secondary Dwelling Unit is either: a. 2
acres, or b. For lots in zone districts with a minimum Lot Size of less than 2 acres, the minimum Lot Size
is twice the minimum required Lot Size.
The minimum lot size for a SDU for this Property is two (2) acres. The property
contains 2.43 ac.
5) One per Lot. One Secondary Dwelling unit which is subordinate to a Single-Unit (primary)
dwelling unit is allowed per legal lot.
One SDU is proposed which will be subordinate to the single-family dwelling unit.
8/31/2021 Garfield County Land Explorer
https://maps.garfield-county.com/landexplorer/1/1
Garfield County Colorado Land Explorer Print
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Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:BAR64004535 Date: 09/02/2021
Property Address:12 SAINT FINNBAR FARM RD, CARBONDALE, CO 81623
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance Closing Processor For Title Assistance
Tanya Germany
200 BASALT CENTER CIRCLE
BASALT, CO 81621
PO BOX 3440
(970) 927-0405 (Work)
(877) 346-4115 (Work Fax)
tgermany@ltgc.com
Contact License: CO523905
Company License: CO44565
Jessica Markham
200 BASALT CENTER CIRCLE
BASALT, CO 81621
PO BOX 3440
(970) 927-0405 (Work)
(877) 346-4115 (Work Fax)
jmarkham@ltgc.com
Company License: CO44565
Land Title Roaring Fork Valley Title
Team
200 BASALT CENTER CIRCLE
BASALT, CO 81621
PO BOX 3440
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Buyer/Borrower
A BUYER TO BE DETERMINED
Delivered via: No Commitment Delivery
Agent for Seller
PATRICK RAWLEY
Attention: PATRICK RAWLEY
400 W. MAIN ST., SUITE 203
Aspen, CO 81611
(970) 925-2323 (Work)
patrick@scaplanning.com
Delivered via: Electronic Mail
Seller/Owner
THE WHITE NYDAHL FAMILY TRUST,
Delivered via: No Commitment Delivery
Copyright 2006-2021 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
12 SAINT FINNBAR FARM RD, CARBONDALE, CO 81623
1. Effective Date:
08/13/2021 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
THE WHITE/NYDAHL FAMILY TRUST DATED JUNE 19, 2001
5. The Land referred to in this Commitment is described as follows:
LOT 12,
ST FINNBAR FARM
ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 9, 2001 AS RECEPTION NO. 574731.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:BAR64004535
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: BAR64004535
All of the following Requirements must be met:
This 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.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
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 COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and 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 of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED FEBRUARY 19, 1915, IN BOOK 71 AT PAGE 603, RECORDED
AUGUST 11, 1894 IN BOOK 12 AT PAGE 333 AND RECORDED JUNE 24, 1895 IN BOOK 12 AT PAGE 368.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 11, 1894, IN BOOK 12 AT
PAGE 333 AND RECORDED JUNE 24, 1895 IN BOOK 12 AT PAGE 368.
10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED FEBRUARY 19, 1915 IN BOOK 71 AT PAGE 603.
11. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RIGHT OF WAY AND
EASEMENT RECORDED OCTOBER 19, 1961 IN BOOK 337 AT PAGE 236.
12. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN
INSTRUMENT RECORDED SEPTEMBER 17, 1984 IN BOOK 656 AT PAGE 856.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: BAR64004535
13. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED APRIL 07, 1969, IN BOOK 401 AT PAGE
28.
14. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN
INSTRUMENT RECORDED OCTOBER 22, 1986 IN BOOK 697 AT PAGE 616.
15. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 92-083 RECORDED AUGUST 21, 1992 IN
BOOK 839 AT PAGE 882.
16. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION ON. 98-85 RECORDED SEPTEMBER 23, 1998
IN BOOK 1089 AT PAGE 908.
17. TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN SEWER
SERVICE AGREEMENT RECORDED AUGUST 19, 1999 IN BOOK 1146 AT PAGE 195 AND FIRST
AMENDMENT RECORDED JANUARY 23, 2006 IN BOOK 1766 AT PAGE 220.
18. TERMS, CONDITIONS AND PROVISIONS OF SEWER CONNECTING MAIN AGREEMENT RECORDED
OCTOBER 04, 1999 IN BOOK 1153 AT PAGE 666.
19. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-110 RECORDED OCTOBER 18, 1999 IN
BOOK 1155 AT PAGE 796.
20. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY AND EASEMENT RECORDED JULY 06, 2000
IN BOOK 1196 AT PAGE 453.
21. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 22, 2000 IN BOOK 1203
AT PAGE 76.
22. TERMS, CONDITIONS AND PROVISIONS OF PROVISIONS OF FISHING EASEMENT RECORDED
JANUARY 09, 2001 IN BOOK 1226 AT PAGE 323.
23. TERMS, CONDITIONS AND PROVISIONS OF PROVISIONS OF FISHING EASEMENT RECORDED
JANUARY 09, 2001 IN BOOK 1226 AT PAGE 326.
24. RIGHTS OF WAY, EASEMENTS, NOTES AND OTHER MATTERS AS SET FORTH ON THE PLAT
RECORDED JANUARY 9, 2001 AS RECEPTION NO. 574731.
25. TERMS, CONDITIONS AND PROVISIONS OF PROVISIONS OF SUBDIVISION IMPROVEMENTS
AGREEMENT RECORDED JANUARY 09, 2001 IN BOOK 1226 AT PAGE 331.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: BAR64004535
26. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JANUARY 09, 2001, IN BOOK 1226 AT
PAGE 345, AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 26, 2006 UNDER RECEPTION NO.
709850, AND AS AMENDED IN INSTRUMENT RECORDED JULY 14, 2010 AS RECEPTION NO. 788569.
27. TERMS, CONDITIONS AND PROVISIONS OF RELEASE OF RIGHT OF WAY EASEMENT RECORDED
DECEMBER 13, 2000 IN BOOK 1222 AT PAGE 156.
28. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED MAY 29, 2007 AT RECEPTION NO.
724360.
29. TERMS, CONDITIONS AND PROVISIONS OF DOCUMENT RECORDED JULY 14, 2010 AT RECEPTION NO.
788568.
30. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN QUIT CLAIM DEED AND
VACATION OF EASEMENT RECORDED APRIL 30, 2021 AS RECEPTION NO. 955421.
31. EASEMENTS AND RIGHTS OF WAY FOR THE UNINTERRUPTED FLOW OF BLUE CREEK AND THE
ROARING FORK.
32. MATTERS DISCLOSED ON IMPROVEMENT SURVEY PLAT PREPARED BY HIGH COUNTRY
ENGINEERING, CERTIFIED MARCH 30, 2021, JOB NO. 2211616, SAID DOCUMENT STORED AS OUR
IMAGE 33263994
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: BAR64004535
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 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, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company 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.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
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.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other
documents using real-time audio-video communication technology. You may choose not to use remote notarization for
any document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and
a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
OPEN SPACE AREAREC NO. 57473130.0' INGRESS, EGRESSEMERGENCY ACCESS,DRAINAGE, IRRIGATION ANDUTILITY EASEMENTREC. NO. 57473130.0'PARCEL ID.NO. 23913131800924 ST FINNBAR FARM RDCARBONDALE 81623(∆=21°49'01"R=50.00'DIST=19.04'CH BRG=N3°39'54"WCH DIST=18.92')(N78°32'12"W 126.56')(S00°03'12"W 153.57')(N84°21'18"W 143.71')(S49°42'30"E 272.71')(S14°34'24"E 18.01')(∆=69°33'17"R=130.00'DIST=157.81'CH BRG=N55°11'18"ECH DIST=148.30')(∆=50°05'02"R=70.00'DIST=61.19'CH BRG=S50°23'05"WCH DIST=59.26')N88°44'50"W11.30'(N89°57'57"E11.54')(S15°37'32"W 255.99')N21°29'52"E10.32'∆=81°01'06"R=105.00'DIST=148.47'CH BRG=N62°02'28"ECH DIST=136.41'∆=69°33'23"R=130.00'DIST=157.82'CH BRG=N56°17'17"ECH DIST=148.30'∆=50°22'01"R=70.11'DIST=61.63'CH BRG=N51°25'45"ECH DIST=59.67'∆=21°49'01"R=50.00'DIST=19.04'CH BRG=N2°38'05"WCH DIST=18.92'S77°27'56"E 126.56'S16°43'35"W 255.68'S01°10'41"W 153.81'N83°11'57"W 143.54'N48°40'42"W 272.71'N13°32'36"W17.80'N40°47'38"
W
59.81'(N20°34'29"E10.26')(∆=81°03'09"R=105.00'DIST=148.54'CH BRG=N60°56'13"ECH DIST=136.46')XXXXXXXXXXXXXXXXXXXXN49°21'56"E 55.13'18" CORRUGATEDMETAL PIPE100 YEAR FLOOD PLAINAS SHOWN ON RECORDED PLATDITCHCONCRETEBRIDGEEDGE OF DRAINAGE SWALEBUILDINGABBASIS OF BEARINGSBUILDING ENVELOPE100 YEAR FLOODPLAIN &FLOODWAY LIMITSOPEN SPACE AREAREC NO. 574731DITCHDITCHBUILDING ENVELOPEBUILDING ENVELOPE1 inch = ft.(IN U.S. SURVEY FEET)GRAPHIC SCALE0030 15 30 60 12030BYNO.DATEBYPROJECT NO.REVISIONHIGH COUNTRY ENGINEERING, INC.PHONE (970) 945-8676 - FAX (970) 945-2555www.hceng.comdrawn by:checked by:date:file:1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601SHEET NUMBERS -T -R-C-22116161 of 1SHEILA WILLSGARFIELD COUNTYIMPROVEMENT SURVEY PLAT12 ST FINNBAR FARM ROADCARBONDALE, COLORADO 81623DMCBB03/30/2021317S87WGARFIELDIMPROVEMENT SURVEY PLATA TRACT OF LAND SITUATED IN LOT 12, ST FINNBAR FARM SUBDIVISION,SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M.COUNTY OF GARFIELD, STATE OF COLORADOLAND SURVEY PLAT DEPOSITCLERK AND RECORDER'S CERTIFICATE THIS LAND SURVEY PLAT HAS BEEN ACCEPTED FOR DEPOSIT IN THE OFFICE OF THE CLERK ANDRECORDER OF PITKIN COUNTY, COLORADO THIS ____ DAY OF __________, 2021, PLAT BOOK _____, PAGE______, AS RECEPTION NO.________________. TITLE 38, ARTICLE 50, §101 C.R.S. (5)(a) PLATS SHALL BE DEPOSITED IN ACCORDANCE WITH THISSECTION FOR THE SOLE PURPOSE OF RECORDING INFORMATION ON SURVEYING MONUMENTATION INORDER TO PROVIDE SURVEY DATA FOR SUBSEQUENT LAND SURVEYS AND SHALL NOT BE CONSTRUEDTO AFFECT, IN ANY MANNER WHATSOEVER, THE DESCRIPTION OF A SUBDIVISION, LINE, OR CORNERCONTAINED IN THE OFFICIAL PLATS AND FIELD NOTES FILED AND OF RECORD OR TO SUBDIVIDEBOUNDARY. (b) NO PLAT DEPOSITED IN ACCORDANCE WITH THIS SECTION SHALL CONSTITUTE NOTICEPURSUANT TO SECTION 38-35-109 CRS. IN THE EVENT THIS SURVEY CANNOT BE DEPOSITED, THIS IS YOUR NOTICE THAT ALL RESTRICTIONS AND CONDITIONS STATED ABOVE APPLY.______________________________________ CLERK AND RECORDERBY:____________________________________ DEPUTYNOTES1. DATE OF FIELD SURVEY: MARCH 29, 20212. ALL BEARINGS ARE GRID BEARINGS OF THE COLORADO STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NORTH AMERICAN DATUM 1983. THE REFERENCE BEARING BETWEEN "A" (FOUND 5/8" IRON PIN WITH 1.25" YELLOW PLASTIC CAP LS#23875 ) AND "B" (FOUND 5/8" IRON PIN WITH 1.25" YELLOW PLASTIC CAP LS#37935) IS N84°21'18"W. ALL DISTANCES ARE GROUND DISTANCES BASED ON A COMBINED SCALE FACTOR.3. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR OF THE BOUNDARY SHOWN ANDDESCRIBED HEREON TO DETERMINE:A) OWNERSHIP OF THE TRACT OF LANDB) COMPATIBILITY OF THIS DESCRIPTION WITH THOSE OF ADJOINERSC) RIGHTS-OF-WAY, EASEMENTS AND ENCUMBRANCES OF RECORD AFFECTING THIS PARCEL.4. FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, HIGH COUNTRYENGINEERING, INC. RELIED UPON TITLE COMMITMENT NO. BAR64004026 ISSUED BY LAND TITLE GUARANTEECOMPANY, EFFECTIVE DATE: FEBRUARY 12, 2021. THIS PROPERTY IS SUBJECT TO ALL CONDITIONS ANDRESTRICTIONS CONTAINED THEREIN.5. THE CLIENT DID NOT REQUEST ANY ADDITIONAL EASEMENTS, RIGHTS-OF-WAY AND/OR IMPROVEMENTS BERESEARCHED OR SHOWN ON THIS PLAT BEYOND THOSE REFERRED TO OR DISCLOSED IN THE ABOVE STATEDTITLE COMMITMENT.6. ALL DIMENSIONS AND COURSES ARE AS MEASURED IN THE FIELD UNLESS DENOTED IN PARENTHESES, WHICHDENOTE THE BOUNDARIES OF RECORD ON THE ORIGINAL PLAT OF ST FINNBAR FARM SUBDIVISION IN THEPUBLIC RECORDS OF GARFIELD COUNTY, STATE OF COLORADO.7. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT ORLAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TOSECTION 18-4-508 OF THE COLORADO REVISED STATUTES.8. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY DEFECT INTHIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTIONBASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OFCERTIFICATION SHOWN HEREON.9. NOTICE: THIS PLAT AND THE INFORMATION SHOWN HEREON MAY NOT BE USED FOR ANY ADDITIONAL OREXTENDED PURPOSE BEYOND THAT FOR WHICH IT WAS INTENDED AND MAY NOT BE USED BY ANY PARTIESOTHER THAN THOSE TO WHICH IT IS CERTIFIED. THIS DOCUMENT AND THE WORK IT REPRESENTS IS THEPROPERTY OF HIGH COUNTRY ENGINEERING, INC. NO PART OF THIS DOCUMENT MAY BE STORED,REPRODUCED, DISTRIBUTED OR USED TO PREPARE DERIVATIVE PRODUCTS WITHOUT PRIOR WRITTENPERMISSION. AN ORIGINAL SEAL AND ORIGINAL SIGNATURE IS REQUIRED TO VALIDATE THIS DOCUMENT AND ISEXCLUSIVE TO HIGH COUNTRY ENGINEERING, INC. AND THE OWNER(S) OF RECORD AS OF THIS DATE, OF THEBOUNDARY DELINEATED HEREON AND THE SUBJECT OF THE SURVEY. THIS PLAT IS RESTRICTED TO THE INTENTOF TITLE 38, ARTICLE 50, §101, 5 (a) AND (b) C.R.S.LEGAL DESCRIPTIONLOT 12, ST FINNBAR FARM SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 9, 2001 ASRECEPTION NO. 574731. COUNTY OF GARFIELD, STATE OF COLORADO.B2 EXCEPTIONSB2 EXCEPTIONS 1-7 ARE STANDARDS.RELIED UPON TITLE COMMITMENT NO. BAR64004026 ISSUED BY LAND TITLE GUARANTEE COMPANY, EFFECTIVEDATE: FEBRUARY 12, 2021.8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THESAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENTRECORDED FEBRUARY 19, 1915, IN BOOK 71 AT PAGE 603, RECORDED AUGUST 11, 1894 IN BOOK 12 ATPAGE 333 AND RECORDED JUNE 24, 1895 IN BOOK 12 AT PAGE 368. (NOTHING TO PLOT)9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES ASRESERVED IN UNITED STATES PATENT RECORDED AUGUST 11, 1894, IN BOOK 12 AT PAGE 333 AND RECORDEDJUNE 24, 1895 IN BOOK 12 AT PAGE 368. (NOTHING TO PLOT)10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THESAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENTRECORDED FEBRUARY 19, 1915 IN BOOK 71 AT PAGE 603. (NOTHING TO PLOT - OFFSITE)11. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RIGHT OF WAY AND EASEMENTRECORDED OCTOBER 19, 1961 IN BOOK 337 AT PAGE 236. (NOTHING TO PLOT - OFFSITE)12. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED SEPTEMBER 17, 1984 IN BOOK 656 AT PAGE 856. (NOTHING TO PLOT)13. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTINGANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUALORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, ORSOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THATSAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENTRECORDED APRIL 07, 1969, IN BOOK 401 AT PAGE 28. (NOTHING TO PLOT)14. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENTRECORDED OCTOBER 22, 1986 IN BOOK 697 AT PAGE 616. (NOTHING TO PLOT)15. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 92-083 RECORDED AUGUST 21, 1992 IN BOOK 839AT PAGE 882. (NOTHING TO PLOT)16. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION ON. 98-85 RECORDED SEPTEMBER 23, 1998 INBOOK 1089 AT PAGE 908. (NOTHING TO PLOT)17. TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN SEWER SERVICEAGREEMENT RECORDED AUGUST 19, 1999 IN BOOK 1146 AT PAGE 195 AND FIRST AMENDMENT RECORDEDJANUARY 23, 2006 IN BOOK 1766 AT PAGE 220. (NOTHING TO PLOT)18. TERMS, CONDITIONS AND PROVISIONS OF SEWER CONNECTING MAIN AGREEMENT RECORDED OCTOBER 04,1999 IN BOOK 1153 AT PAGE 666. (NOTHING TO PLOT - OFFSITE)19. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-110 RECORDED OCTOBER 18, 1999 INBOOK 1155 AT PAGE 796. (NOTHING TO PLOT)20. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY AND EASEMENT RECORDED JULY 06, 2000 INBOOK 1196 AT PAGE 453. (NOTHING TO PLOT - OFFSITE)21. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 22, 2000 IN BOOK 1203 AT PAGE 76. (NOTHING TO PLOT)22. TERMS, CONDITIONS AND PROVISIONS OF PROVISIONS OF FISHING EASEMENT RECORDED JANUARY 09, 2001IN BOOK 1226 AT PAGE 323. (NOTHING TO PLOT - OFFSITE)23. TERMS, CONDITIONS AND PROVISIONS OF PROVISIONS OF FISHING EASEMENT RECORDED JANUARY 09, 2001IN BOOK 1226 AT PAGE 326. (NOTHING TO PLOT - OFFSITE)24. RIGHTS OF WAY, EASEMENTS, NOTES AND OTHER MATTERS AS SET FORTH ON THE PLAT RECORDEDJANUARY 9, 2001 AS RECEPTION NO. 574731. (AS SHOWN HEREON)25. TERMS, CONDITIONS AND PROVISIONS OF PROVISIONS OF SUBDIVISION IMPROVEMENTS AGREEMENTRECORDED JANUARY 09, 2001 IN BOOK 1226 AT PAGE 331. (NOTHING TO PLOT)26. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTINGANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, ORSOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THATSAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENTRECORDED JANUARY 09, 2001, IN BOOK 1226 AT PAGE 345, AND AS AMENDED IN INSTRUMENT RECORDEDOCTOBER 26, 2006 UNDER RECEPTION NO. 709850, AND AS AMENDED IN INSTRUMENT RECORDED JULY 14, 2010AS RECEPTION NO. 788569. (NOTHING TO PLOT)27. TERMS, CONDITIONS AND PROVISIONS OF RELEASE OF RIGHT OF WAY EASEMENT RECORDED DECEMBER 13,2000 IN BOOK 1222 AT PAGE 156. (NOTHING TO PLOT)28. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED MAY 29, 2007 AT RECEPTION NO. 724360.(NOTHING TO PLOT)29. TERMS, CONDITIONS AND PROVISIONS OF DOCUMENT RECORDED JULY 14, 2010 AT RECEPTION NO. 788568.(NOTHING TO PLOT)EASEMENTS AND RIGHTS OF WAY FOR THE UNINTERRUPTED FLOW OF BLUE CREEK AND THE ROARING FORK(NOTHING TO PLOT)SURVEYOR'S CERTIFICATIONI, BILL W.A. BAKER, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO (#23875) DO BYTHESE PRESENTS CERTIFY THAT THE DRAWING SHOWN HEREON, WITH NOTES ATTACHED HERETO AND MADE APART HEREOF, REPRESENTS A MONUMENTED LAND SURVEY MADE UNDER MY DIRECT SUPERVISION AND THAT TOTHE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, AN ACCURATE DEPICTION OF SAID SURVEY IS RENDEREDBY THIS PLAT. THIS SURVEY WAS CONDUCTED IN ACCORDANCE WITH APPLICABLE STANDARDS OF PRACTICE, ISNOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED. THIS SURVEY PLAT COMPLIES WITH TITLE38-51-102, COLORADO REVISED STATUTES. BILL W.A. BAKER, COLORADO PROFESSIONAL LAND SURVEYOR #23875CERTIFIED FEDERAL SURVEYOR #1699VICINITY MAPSCALE 1" = 1000'carbondaleHWY 82SET 5/8" IRON PIN WITH 1.25" YELLOW PLASTIC CAP LS#23875FOUND 5/8" IRON PIN WITH 1.25" YELLOW PLASTIC CAP LS#23875 SET PREVIOUSLYFOUND 5/8" IRON PIN WITH 1.25" YELLOW PLASTIC CAP LS#37935LEGENDEASEMENT LINEBUILDING SETBACK LINEBOUNDARY OR LOT LINEADJOINER LINE FLOW LINESET 2.0" MAG WASHER LS#23875SANITARY MANHOLEMANHOLEGAS MARKERTELEPHONE PEDESTALCATV PEDESTALTELEPHONE VAULTIRRIGATION VALVE BOXELECTRICAL TRANSFORMERELECTRICAL METERTIVBESSGEMHWIRE FENCE LINEXXXXASPHALTCONCRETESET 2in. ALLOY CAP ON 5/8in IRON PIN STAMPED " WC" LS#23875 (4.0')OPEN SPACE LIMITS
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~11I1111I1111111)1111)1111111111[~JIIIIIIIIIIIIIIIIIII
574733 01/09/2001 03:48P B1226 P345 M RLSDORF
1 of 30 R 150.00 0 ~.00 GP.RFIELD COUNTY CO
'-.....--
Recorded at o'clock M.t-I ----,_
Reception Recorder I
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Chris LaCroix, Esq.
Garfield & Hecht, P. C.
110 Midland Ave., Suite 201
Basalt, Colorado 81621
..
NAME OF EXEMPT COMMON
INTEREST COMMUNITY:
St. Finnbar Farm
NAME OF ASSOCIATION:St. Finnbar Homeowners Association,
a Colorado nonprofit corporation
PERSONS EXECUTING THIS
DECLARATION:
St. Finnbar Land Company, a Colorado corporation
Roaring Fork Farm, LLC, a Colorado limited liability company
M:\c1acroix\St. Finnbar\Docs\STFINPR06.COV.wpd
\36
/
(1-,07 \~O
111111111111111111111111111111111 ~II 1111111111111111
574733 01/09/2001 03:48P 81226 P346 M ~LSDORF
2 of 30 R 150.00 0 0.00 G~RFIELD COUNTY CO
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DECLARATION OF
PROTECTIVE COVENANTS FOR ST. FINNBAR FARM
This Declaration of Protective Covenants for St.Finnbar Farm is executed this J viay of
Q.II• .-/,2000 by ST. FINNBAR LAND COMPANY, a Colorado corporation ("SFLC")
whose ~s is 32 Buttonball Lane, Weston Connecticut 06883 and ROARING FORK FARM, LLC,
a Colorado limited liability company ("RFF") whose address is c/o Garfield &Hecht, P. C., 110 Midland
Avenue, Suite 201, Basalt, Colorado 81621. SFLC and RFF are hereinafter referred to as the
"Declarant" .
A. SFLC is the owner of certain real property located within Garfield County, Colorado, as
more particularly described on Exhibit "A" attached hereto and by this reference made a.part hereof (the
"SFLC Property"). SFLC desires to subject the SFLC Property to this Declaration.
B. RFF is the owner of certain real property located within Garfield County, Colorado, as
more particularly described on Exhibit "B" a.ttached hereto and by this reference made a part hereof (the
"RFF Property"). RFF desires to subject the RFF Property to this Declaration.
C. The SFLC Property and RFF Property together comprise the real property known as St.
Finnbar Farm and are hereinafter referred to as the" Property" .
1. DECLARATION - PURPOSES.
1.1 General Purposes. Declarant desires to create a common interest residential community
under the name "St. Finnbar Farm" pursuant to which the Property will be laid out and platted as more
fully shown in the Plat referred to in Section 1.2 below. Declarant intends that all owners, trust deed
beneficiaries, mortgagees and any other persons or entities now or hereafter acquiring an.y interest in St.
Finnbar Farm shall hold such interests subject to the rights, privileges, obligations and restrictions set forth
in this instrument.
1.2 Declaration. To further the purposes herein expressed, Declarant for itself, its successors
and assigns, with respect to St. Finnbar Farm as shown, defined and described on the Plat thereof recorded Ci.-T
~n:»f.:If i.fl:Plat DMk at hge-of the real estate records of Garfield County, Colorado, does hereby~'7'113/declare that all said lands shall be submitted to and at all times be owned, held, used and conveyed subject
.to the terms, provisions, conditions and restrictions contained in this instrument, which terms, provisions,
conditions and restrictions shall constitute covenants running with the land and shall be binding upon and
inure to the benefit of Declarant and to any person or legal entity acquiring an interest in St. Finnbar
Farm.
2. DEFINITIONS AND AREA DESIGNA TrONS .
2.1 Annual Assessments means the charges levied and assessed each year against a Lot
pursuant to Section 6.2 below.
2.2 Approval Resolutions means Garfield County Approval Resolution No. 99-110 captioned
"A Resolution Concerned with the Approval of a Preliminary Plan for the St. Finnbar Subdivision. "
111111111111111111111111111111111 tJll III 11111 11111111
574733 01/09/2001 03:48P B1226 P347 M RLSDORF
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2.3 Articles means Articles of !corporation and any amendments thereto for St Finnbar
Homeowners Association, a Colorado nonpr fit corporation.
\2.4 Assessments means both Ann al (or regular) Assessments and Special (or extraordinary)
Assessments.\ \
2.5 Assessment Lien means a lien ~gainst a Lot in favor of the Association to secure payment
of Assessments, fines or other amounts due the Association.
2.6 Association means St. Fi~'bar Hdmeowners Association, a Colorado nonprofit
corporation, formed and incorporated to be a constitute the Association to which reference is made in
this instrument. The purpose of the Associatio shall be to further the common interests of owners of Lots
within St. Finnbar Farm.
2.7 Board or Board of Directors mans the governing board of the Association, which is also
referred to as the "Executive Board" in the As ociatiori's Articles of Incorporation and Bylaws.
2.8 Common Expenses means esti I ated expenditures to be made or actual expenditures made
by or on behalf of the Association, together wi h any atlocations to reserves or sinking funds.
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2.9 County shall mean Garfield County, Colorado.
2.10
amended.
CCIOA means the Colorado ommo, Interest Ownership Act as from time to time
2.11 Declarant means St. Finnbar Land Company, a Colorado corporation together with
Roaring Fork Farm, LLC, a Colorado limited liablity company, and any party designated as a successor
or assign of the Declarant by a written instrument duly\recorded in the real estate records of Garfield
County, Colorado. Such instrument may specify the extent and portion of the rights or interests being
assigned by Declarant, in which case St. Finnbar Land Company and Roaring Fork Farm, LLC shall retain
all other rights of Declarant not so assigned.
2.12 Declaration means this Declaration of Protective Covenants for St. Finnbar Farm as
recorded in the real estate records of Garfield County, Colorado; and as amended from time to time.
2.13 Development Activity Envelopes means areas within a Lot as designated by Declarant or
SARC where homes, accessory structures and other development activity shall occur. No development
activity or changes in natural conditions may occur outside Development Activity Envelopes unless
allowed pursuant to the terms of this Declaration, the Approval Resolutions or the Plat.
2.14 Development Guidelines means guidelines that may be adopted by the Site and
Architectural Review Committee to provide site and development design criteria to persons desiring to
build homes or to construct other improvements 0Ii carryon any other development activity on Lots.
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2.15 Eligible Mortga2:e Holder shall mean the holder of any first priority Mortgage
encumbering a Lot that has given written notice to the Association of said Mortgage. S11chnotice shall
include a true copy of the Mortgage as recorded.
2.16 Lot or Lots means fee ownership subdivided parcels of land designated by number on the
Plat.
2.17 Member or Members means either: (a) Owners who are Members of the Association and
who, by virtue of such ownership, are entitled to Class "A" memberships, or (b) each of SFLC and RFF
as holder of Class "B" memberships in the Association, all as provided in Section 4.5 below.
2.18 Mortgage means any mortgage, deed of trust or other security instrument creating a real
property security interest in any Lot, excluding any statutory, tax or judicial liens.
2.19 Mortgagee means any grantee or beneficiary of a Mortgage.
2.20 Mortgagor means any grantor or trustor of a Mortgage.
2.21 Open Space or Open Space Areas means areas as shown on the Plat where no development
activity or changes in natural conditions shall occur except as otherwise provided in this Declaration, the
Approval Resolutions or the Plat.
2.22 Owner means the person or persons or legal entity holding record fee simple title to a Lot.
The record title holder of a Lot shall be treated as the Owner thereof for all purposes._J
~.f"'~fiM'lFo71 13/
2.23 Plat means the subdivision Plat for St. Finnbar Farm recorded iF!:Plat Book at P!t!!'e"-I --~__ of the real estate records of Garfield County, Colorado, and any amendments thereto as may be duly
approved by the County.
2.24 Ranch Association means Ranch at Roaring Fork Home Owners Association, Inc., a
Colorado nonprofit corporation.
2.25 Ranch Property means the residential community known as the Ranch at Roaring Fork
located adjacent and westerly of St. Finnbar Farm.
2.26 Road means St. Finnbar Farm Road as shown on the Plat.
2.27 Sewer Service Agreement means that certain Sewer Service Agreement between SFLC and
the Ranch Association dated August 4, 1999 and recorded in Book 1146 at Page 195 as Reception No.
50717 of the records of Garfield County, Colorado.
2.28 Site and Architectural Review Committee, sometimes referred to as the SARC, shall mean
either the Board of Directors or a committee ap~ointed by the Board of Directors of the Association for
the purpose of reviewing and approving any improvements or changes to lands within St. Finnbar Farm.
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2.29 Special Assessments means any special or extraordinary Assessment levied and assessed
pursuant to Section 6.5 below.
2.30 ~t.Pinnbar Parm means all the property shown on the Plat, which includes thirteen (13)
residential Lots.
2.31 Wetland or Wetland Areas means transition zones such as swamps and marshes located
on the Property. Where required by law or if the Association desires, Wetlands Areas shall be determined
in accordance with the federal Clean Water Act as amended and rules and regulations promulgated
thereunder. Activities that may occur within Wetland Areas are regulated by the U. S. Corps of Engineers
(the "Corps ") and no such activities shall occur unless all necessary permits or approvals from the Corps,
County and SARC, as applicable, have first been obtained. Permits necessary for access across Wetlands
Areas to Lots have been obtained as more fully set forth in Section 8.28 below.
3. ST. FINNBAR EXEMPT FROM CCIOA.
3.1 Exemption From CClOA. Defined terms used in this Section 3 consisting of "Planned
Community", "Development Rights" and "Units" shall have the definitions set forth under CCIOA. St.
Finnbar Farm is a Planned Community consisting of thirteen (l3) residential Units not subject to any
Development Rights. Accordingly, St. Finnbar Farm is exempt from CCIOA other than the provisions
of Colorado Revised Statutes 38-33.3-105, 106, and 107. Notwithstanding the preceding, by resolution
of the Board or at the request of any Members, a meeting (which may be either an annual or special
meeting) of the Association shall be held in accordance with procedures set forth in Colorado Revised
Statutes 38-33.3-118 or any subsequent amendments thereto to elect treatment of St. Finnbar Farm under
CCIOA. Any election to accept treatment under CClOA shall be approved at such meeting by the requisite
number of votes as required by CClOA or any subsequent amendments thereto which requirement is, as
of the date hereof, at least sixty-seven percent (67 %) of the votes that the persons present at such meeting
in person or by proxy are entitled to be cast.
4. ASSOCIATION MEMBERSHIP.
4.1 Formation of Association. The Association shall be a nonprofit Colorado corporation
charged with the duties and invested with the powers prescribed by law and as set forth in its Articles,
Bylaws and this Declaration. In the event of any conflict or inconsistency between the provisions of this
Declaration and the Articles or Bylaws, the provisions of this Declaration shall govern and control.
Further, neither the Articles nor Bylaws of theAssociation shall, for any reason, be amended or otherwise
changed or interpreted so as to be inconsistent with this Declaration.
4.2 Board of Directors and Officers. The affairs of the Association shall be conducted by the
Board and such officers as the Board may elect or appoint in accordance with its Articles and Bylaws as
the same may be amended from time to time. The Association by and through the Board shall govern and
manage all property owned by the Association and shall enforce the provisions of this Declaration. The
initial Board shall be composed of three members. The Board may also appoint various committees.
Declarant shall have the right to appoint and remove members of the Board until the closing on the sale
(i.e., recording of the deed) of nine (9) Lots.By instrument signed by Declarant and duly recorded in the
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real estate records of Garfield County, Colorado, Declarant may sooner relinquish this right to appoint
and remove members of the Board.
4.3 Association Rules. The Association may tram time to time adopt, amend and repeal rules
and regulations to be known as the" St. Finnbar Farm Association Rules" by a majority vote of the Board.
The purpose of the Association Rules shall be to implement, supplement or otherwise carry out the
purposes and intentions of this Declaration. Association ruJes and regulations shall not be inconsistent
with this Declaration.
4.4 Limited Liability. Neither the Association nor its past, present or future, officers,
directors, nor any other employee, agent or committee member of the Association shall be liable to any
Owner or to any other person for any damage, act, omission to act, simple negligence or other matter of
any kind or nature, except gross negligence. Without limit to the foregoing, the Association and the Board
shall not be liable to any party for any action or for any failure to act with respect to any matter if the
action 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, surveyors or other
professionals shall conclusively be deemed tobe in good faith and without malice. To the extent insurance
carried by the Association for such purposes shall not be adequate, the Owners severally agree to
indemnify the Association or Board against loss resulting from such action or failure to act, provided that
the Association and the Board acted or failed to act in good faith and without malice.
4.5 Membership. This Association shall be a membership association without certificates or
shares of stock. The members of the Association shall be: (i) those persons or entities, including
Declarant, who are the Owners, from time to time, of Lots in St. Finnbar Farm as shown on the Plat, and
(ii)SFLC and RFF, as to special "Class B" memberships, after they shall cease to be the owner of any
Lots in St. Finnbar Farm. Other than Declarant, membership in the Association shall automatically
terminate when an Owner of a Lot ceases to be the owner thereof. There shall be two classes of
membership in the Association:(i)Owners of Lots 1 through 13 shall have a Class "A" voting
membership, and (ii) each of SFLC and RFF shall have a Class "B" nonvoting membership that shall be
activated at such time as either SFLC or RFF, as applicable, ceases to be the owner of any Lot and may
be relinquished at any time thereafter upon written notice to the Association.
4.6 Voting. A Class "A" Member shall have one (1) vote for each Lot such Member may
own. The affirmative vote of a majority of Members present at a duly constituted meeting shall, unless
otherwise provided in this Declaration or the Articles, be sufficient to take any action or transact any
business. Where there is more than one record Owner of a Lot, the several record Owners of such Lot
shall be required to designate, by prior written notice to the Association, the particular Owner who shall
cast the one vote appurtenant to that Lot. If the several Owners of any Lot are unable or unwilling to
designate a particular Owner to vote, then the membership appurtenant to that Lot shall not be entitled to
vote on any Association affairs until such designation is made. Subject to the right reserved in Declarant
as set forth in Section 4.2 above to appoint and remove members of the Board, in any election of the
Board, every Owner entitled to vote (multiple Owners of one Lot being entitled collectively to one vote)
shall have a number of votes for each Lot owned times the number of Board members to be elected.The
candidates receiving the highest number of votes, up to the number of Board members to be elected, shall
be deemed elected.
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4.7 Bindin!! Effect. Each Owner, his lessees, their families and guests, the heirs, successors
or assigns of an Owner, or any Mortgagee, and any other persons using or occupying a Lot, shall be
bound by and shall strictly comply with the provisions of this Declaration, the By-laws, the Articles, any
deed restrictions and covenants and all rules, regulations and agreements lawfully made by the Association.
4.8 Enforcement. The Association and Declarant shall each have the right and power to bring
suit in their respective names for legal or equitable relief for any lack of compliance with any provisions
of this Declaration or rules promulgated by the Board or SARC. In addition, the Association shall have
the right to impose on any Owner monetary fines for any lack of compliance with provisions of this
Declaration or rules promulgated by the Board or SARC and where such fines are not paid within the time
provided, such fines shall become an Assessment and secured by an Assessment Lien. The failure of the
Association or Declarant 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
relinquishment for the future of any such provision or the enforcement thereof. Any Owner aggrieved by
a lack of compliance by another Owner may also bring suit for legal and equitable remedies. If any court
proceedings are instituted in connection with the rights of enforcement and remedies provided in this
Declaration, the substantially prevailing party shall be entitled to reimbursement of its costs and expenses,
including reasonable attorneys' fees, in connection therewith.
4.9 Powers of the Association. Each Owner agrees that the Association has all the powers
granted it by the Colorado Revised Nonprofit Corporation Act and any amendments thereto or
replacements thereof. Such powers shall include, without limitation, levying Assessments against Owners,
imposing a lien on Lots for any unpaid or uncollected Assessments, fines or penalties, and foreclosing any
such liens, enforcing any deed restrictions and covenants, acquiring, holding, owning, leasing, mortgaging
and disposing of property, the adoption of rules and regulations, the defending, prosecuting or intervention
in litigation on behalf of all Members, the borrowing of monies for Association purposes and the right to
pledge future income in order to secure such borrowings. The term "pledge future income" shall include
the right to impose a Special Assessment for repayment of such borrowings and to assign such Special
Assessment (and all lien and collection rights appurtenant thereto) to the lender as security for repayment
thereof. The Association may exercise any other right, power or privilege given to it expressly by this
Declaration, the Articles and By-laws, or by law, 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 privilege.
4.10 Notice to Maintain. An Owner shall immediately report to the Association, in writing,
the need for any maintenance, repair or replacement which is the Association's responsibility to provide.
In the event of any disagreement as to the need for or the responsibility of the Association to provide the
said maintenance, repair or replacement, the good faith decision of the Board shall be fin.al.
4.11 Mechanics' Liens. Declarant shall be responsible for the release of all mechanics' liens
filed with respect to the Association property, or any part thereof, if any such liens 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
Association, no labor performed or materials furnished with respect to Association property shall be the
basis for filing a lien against any Association property. No labor performed or materials furnished at the
instance of the Association shall be the basis for filing a lien against any Lot unless such labor is
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performed or materials are furnished to correct a violation of this Declaration, actual or threatened by such
owner, and under such circumstances the lien shall be limited to the Lot of the Owner in violation of this
Declaration.
5. ARCHITECTURAL CONTROLS.
5.1 Site and Architectural Review Committee. The SARC shall be composed of at least three
(3) natural persons appointed by the Board. Persons serving on the SARC shall serve at the pleasure of
the Board. The Board may remove a member of the SARC and appoint a new member at any time,
provided there shall at all times be at least three (3) persons serving on the SARC. The members of the
SARC mayor may not be Board members or Owners and may include one or more professionals such as
an architect paid by the Association to perform such services. The SARC shall have and exercise all the
powers, duties and responsibilities set out in this Declaration. The SARC may at the expense of the
Association hire any professionals or a secretary or other personnel to perform administrative, clerical and
other functions. So long as Declarant elects a majority of the Board of the Association, then Declarant
may also act as the SARC hereunder.
5.2 Authority. Except as otherwise provided in this Declaration, no improvements of any kind
or changes in the natural condition of any property including, but not limited to, the construction of
dwellings or other structures, outbuildings, well enclosures, pipelines, fences, grading, planting, roads,
driveways, antennae, satellite dishes, flag poles, signs (except those signs permitted under Sections 8.27
and 16.3 below) or the like, shall be erected, altered or permitted to remain on any Lots, or elsewhere on
St. Finnbar Farm, nor shall any excavating, clearing or landscaping be done thereon unless complete
architectural plans and specifications and a site plan showing the location and orientation for such
construction or alterations or landscaping are approved by the SARC prior to the commencement of such
work. Any work performed by or on behalf of Declarant to any of St. Finnbar Farm including, but not
limited to, construction of amenities, subdivision infrastructure and the like, shall not require approval of
the SARC.
5.3 Preliminary Review. Owners, persons contemplating the purchase of Lots or other entities
who anticipate constructing improvements on lands within St. Finnbar Farm may, but shall not be
obligated to, submit preliminary sketches with a site plan of such improvements to the SARC for informal
comment. All preliminary site and architectural sketches shall be submitted in at least four (4) sets, and
shall contain sufficient general information to allow SARC to act intelligently in making any comment.
The SARC shall not be bound by any comment, opinions or other communications given hereunder.
5.4 Final Approval. At least four (4) complete sets of the architectural and site development
plans and specifications shall be submitted to the SARC along with a complete list of an materials and
colors to be used. At the request of SARC, samples of materials and colors shall also be provided. All
copies of the complete plans and specifications shall be signed for identification by the Owner or his
architect. The SARC shall have the right to request whatever additional specific information, plans,
specifications, reports and the like it deems necessary to evaluate the development proposal throughout the
approval and construction process. The SARC shall certify to the Owner, in writing, when the submittal
is complete. If within thirty (30) days after submitting plans and specifications and a list of materials and
colors, SARC has not advised an Owner in writing that the submission is incomplete and what shall be
required to complete the submission; such submittal shall be deemed to be complete. The majority vote
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of the members of the SARC shall be required for approval of plans; provided, however, that in the event
the SARC fails to take any action within sixty (60) days after four (4) copies of the comp lete architectural
and site development plans, specifications, materials and colors have been submitted to it and the submittal
has been deemed complete or certified in writing by the SARC as complete, all of such submitted
architectural plans shall be deemed to be approved. The SARC shall not unreasonably disapprove
architectural plans. The SARC shall disapprove any architectural and site development plans submitted
to it which do not contain sufficient information for it to exercise the judgment required of it by these
covenants.
5.5 Building Permits. An Owner may apply for a building permit from the County at any
time; provided, however, the plans submitted to the County shall not differ in any way from the plans
approved by the SARC. If the plans submitted to the County differ in any way from the plans approved
by the SARC, all approvals of the SARC shall be deemed automatically revoked.
5.6 Variances. The SARC may, by an affirmative vote of a majority of the members of the
SARC, allow variances as to any of the Development Guidelines or the policies, rules or regulations
promulgated by the SARC, on such terms and conditions as it shall require. The SARC may, by
unanimous vote, allow variances as to any of the architectural controls set forth in Section 5 of this
Declaration. Further, any matter requiring avariance from any County land use regulations, building or
zoning regulations shall also require an approval from SARC. Each Owner shall be given written notice
not less than fifteen (15) days in advance of the date of any meeting of SARC where a request for a
variance will be considered and such notice shall also include a copy of the application and other
information submitted in support of the variance request.
5.7 General Standards. The SARC shall evaluate, among other things: (i) the materials to
be used on the outside of buildings or structures, (ii) exterior colors, (iii) harmony of architectural design
with other structures within St. Finnbar Farm, (iv) height and other design features, (v) location with
respect to topography and finished grade elevations, (vi) harmony of landscaping with the natural setting
and native vegetation, (vii) consistency with the Development Guidelines, and (viii) impacts on wildlife,
wetlands and riparian areas.
5.8 Rules and Regulations. The SARC may promulgate and adopt rules and regulations
necessary to implement the provisions of this Section 5. These rules and regulations may include
submission requirements concerning the type of information, reports, plans and specifications and the like
which need to be submitted with any application, as well as site specific limitations or restrictions for any
or all of the Lots. These rules and regulations need not be uniform for each Lot and shall take into
account the unique character of each Lot. By way of illustration only and without requirement to do so,
the SARC rules and regulations may address and the SARC shall have the power and authority to regulate
any or all of the following: application procedures and processing fees; charges by any outside
professionals or other costs incident to evaluating any application, bonds in the form of cash deposit, letter
of credit or otherwise regarding damage to the Road or other subdivision infrastructure and for
revegetation and restoration of lands; color andmaterials, including, but not limited to, roofs, chimneys,
siding, masonry and glazing; setbacks, height limitations, building profiles and driveway locations;
construction staging, construction hours which may be controlled during certain times of the year, storage
for construction materials, location of temporary construction facilities such as trailers, dumpsters and
toilets; routing of utility extensions; drainage, grading and erosion control; proposed landscape and native
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vegetation, fencing, lighting, signage, and trails; concerns or objectives regarding maintenance,
preservation or enhancement of wildlife, wetlands and riparian areas; and privacy and visual
characteristics. Such rules and regulations shall be adopted, amended or replaced by affirmative vote of
a majority of the SARC and the approval ofDeclarant; however,Declarant's approval shall no longer be
required at such time as Declarant ceases to be the Owner of any Lots in St. Finnbar Farm and Declarant
may, upon written notice to the SARC, sooner waive and release the requirement to obtain such approval
as to any rules or regulations to be adopted, amended or replaced.
5.9 Site and Architectural Review Committee Not Liable. Neither the SARC, the Board, the
Association nor any of its Members shall be liable for damages to any person submitting any plans for
approval, or to any Owner or owners of lands within the St. Finnbar Farm, by reason of any action, failure
to act, approval, disapproval or failure to approve or disapprove any plans. The SARC shall have no
liability or responsibility for any representations made to any Owner or prospective owner by any third
parties. The decision of the SARC shall be governed by these covenants and any rules or regulations duly
adopted by the SARC pursuant to these covenants.
5.10 Written Records. The SARC shall keep and safeguard complete and permanent written
records of all approved applications, including one set of the finally approved architectural and site
development plans, and of all actions of approval or disapproval and all other formal actions taken by it
under the provisions of this instrument.
5.11 Inspection and Compliance. The SARC shall have no duty or obligation to make
inspections of any construction; however, nothing herein shall prevent the SARC from making inspections
prior to or after completion of any construction. Upon the completion of any work for which approved
plans and specifications are required, the Owner shall give written notice of completion to the SARC.
Within thirty (30) days after receipt of such notice, the SARC may inspect the work to determine its
compliance with the approved plans. If the SARC finds that the work was not done in substantial
compliance with the approved plans or any construction or change in natural conditions on any Lot was
undertaken without first obtaining approval from SARC, written notice shall be sent by the Board to such
Owner specifying the noncompliance and requiring the Owner to cure such noncompliance within thirty
(30) days or any extension thereof granted.If the Owner fails to cure the noncompliance or to enter into
an agreement to cure on a basis satisfactory to SARC within said thirty (30) day period or any extension
thereof as may be granted, the Association may, at its option, cause the noncomplying improvement to be
removed or the noncompliance to be cured. Upon demand, the Owner shall reimburse the Association for
all costs and expenses incurred by the SARC in taking corrective action, plus all costs incurred in
collecting amounts due, including reasonable attorneys' fees and costs and any amounts not paid shall
become an Assessment and be secured by an Assessment Lien. Notwithstanding any other provision
hereof, the SARC shall not be responsible for: (i) determining that any construction or construction
documents conform to applicable building codes, zoning or other land use regulations, (ii) for the accuracy
or content of any construction documents or specifications prepared by any architect, engineer or any other
person, (iii) construction means, methods, techniques, sequences or procedures, safety precautions or
subsequent loss, damage or failures due to soil or any other natural or man-made conditions that may exist,
or (iv) any failure to carry out any construction in accordance with plans or specifications.
6. ASSESSMENTS.
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6.1 Purpose of Assessments: Assessment Lien. All Members of the Association hereby
covenant and agree, and each Owner by acceptance of a deed to a Lot, including public trustee or sheriff's
deed, is deemed to covenant and agree, to pay the Association both Annual Assessments and Special
Assessment". all such Assessments and charles to be established and collected as hereinafter provided.
Annual Assessments and Special Assessments! together with interest, costs, and reasonabl e attorneys I fees,
shall be secured by a lien (the "Assessment Lien") on the Lot to which they relate in favor of the
Association, which shall be a continuing servitude and lien upon the Lot against which each such
Assessment or charge is made. The Assessment Lien shall be a charge on the Lot, shall attach from the
date when the unpaid Assessment or charge shall become due, shall be a continuing lien upon the Lot,
together with interest, costs and reasonable attorneys' fees, and shall be the personal obligation of the
Owner of such Lot at the time the Assessment became due. Where there is more than one Owner, each
shall be jointly and severally liable for all Assessments. The Assessment Lien may be foreclosed by the
Association in the same manner as a mortgage on real property. The Association shall be entitled to
purchase the Lot at any foreclosure sale. The bantee of any Lot (i.e., purchaser or other transferee) shall
be jointly and severally liable with his grantor (i.e., seller or other transferor) for all unpaid Assessments
or other proper charges due the Association Wior to, as well as subsequent to, the date of the recording
of the conveyance without prejudice to the rights of said grantee to recover from grantor any Assessments
paid. Notwithstanding the preceding, no Morfgagee shall be personally liable for any Assessment or other
proper charges due the Association, except in the event such Mortgagee shall acquire title to the Lot
through a foreclosure or deed in lieu of forfclosure or otherwise and under such circumstances, the
Mortgagee shall then be liable for Assessments or other proper charges due the Association arising on or
subsequent to the date such Mortgagee became the record owner of the Lot.
6.2 Annual Assessments. commlcing, at the choice of Declarant, with the year in which this
Declaration is recorded or at such time as Declarant shall close on the first sale of a Lot, an Annual
Assessment shall be made against each Lot b~sed upon an annual budget approved by the Board for the
purpose of paying Common Expenses or servides allocated to certain or all Lots together with reserves for
operating deficiencies, a sinking fund for capital improvements or any other matters reasonably determined
by the Board to be the subject of an Annual Assessment. The Association may undertake to provide
Association functions or services for the benefit of all, or some Lots on such basis as the Board may
reasonably determine. Such functions may beprovided by the Association's employees or an independent
contractor retained by the Association. With respect to any Association functions or services, the Board
may establish "special cost centers" for the operation thereof. A special cost center shall mean the
identification and aggregation of all costs reasonably estimated by the Board to be attributable to a
particular function or service. Where special cost centers are established, the Board shall have the
discretion, based on benefits received, to determine which Lots shall be assessed for such benefits and
what amounts shall be paid by each such Lot.
6.3 Special Assessments. In addition to the Annual Assessment authorized above, the
Association may levy, in any Assessment period, a Special 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 other extraordinary expenses.
6.4 Rate of Assessment. Except as otherwise provided herein, Annual Assessments and
Special Assessments shall be fixed based on the amount of the Assessment divided by the number of Lots
that are obligated to pay Assessments, and may be collected on a yearly basis or more often as the Board
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so determines. Where services are rendered to some but not all Lots, assessments will be charged to Lots
participating in or receiving benefits on such basis as the Board may determine. The Class "B"
membership reserved to Declarant shall not have any obligation to pay Assessments and this provision may
not be amended or replaced without the written consent of Declarant.
6.5 Establishment of Annual Assessment Period. The period for which the Annual Assessment
is to be levied (the" Assessment Period ") shall be the calendar year, except that the first Assessment Period
shall, at the choice of Declarant, commence upon the recording of this Declaration or at such time as
Declarant shall close on the first sale of a Lot and shall end on December 31 of such year. The Board in
its sale discretion from time to time may change the Assessment Period. The Board shall fix the amount
of the Annual Assessment against each Lot at least thirty days in advance of the end of each Assessment
Period. Written notice of the Annual Assessment shall be sent to each Member. Failure of the Association
timely to fix the Annual Assessment or to send a bill to any Member shall not relieve the Member of
liability for payment of any Assessment or charge. The due dates for payment of any Assessments shall
be established by the Board.
6.6 Effect of Nonpayment. Any Assessment or charge or installment thereof not paid when
due shall be deemed delinquent and in the discretion of the Board may bear interest from and after the due
date until paid at a rate set by the Association, but in no event greater than applicable law. The delinquent
Member shall also be liable for all costs, including attorneys' fees, which may be incurred by the
Association in collecting a delinquent Assessment. No 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 delinquent Member shall be entitled to vote on any Association matters until the 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 Association may temporarily cut off any or all Association
services or benefits, until all delinquent assessments are fully paid.
6.7 Assessment Lien. This Declaration shall constitute the Assessment Lien and no further
action need be taken by the Association to evidence or perfect said Assessment Lien against any Lot.
Notwithstanding the preceding, the Association may also record a Notice of Delinquent Ass essment against
any Lot as to which an Assessment is delinquent. The Notice shall be executed by an officer of the Board,
set forth the amount of the unpaid Assessment, the name of the delinquent Owner and a description of the
Lot. The Board may establish a fixed fee to reimburse the Association for the Association's cost in
preparing and recording such notice, processing the delinquency and recording a release ofsaid lien, which
fixed fee shall be treated as part of the delinquent Assessment secured by the Assessment Lien. The
Association may bring an action at law against the Owner personally obligated to pay the delinquent
Assessment and/or foreclose the lien against said Owner's Lot.
6.8 Priority of Lien. The Assessment Lien provided for herein shall be subordinate only to:
(a) Liens for general taxes, special taxing districts and other public charges.
(b) Except as provided in (c) below of this Section, a first lien Mortgage.
(c) The Assessment Lien shall have a priority over a first lien Mortgage to the extent
of six (6) months of Assessments plus attorney fees, costs and interest therein at a rate fixed by
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the Association. The priority allowed herein for the Assessment Lien is limited to an amount not
to exceed the average monthly Assessment during the Association's fiscal year immediately
proceeding multiplied by six (6), plus attorney fees, costs and interest as aforesaid. The amount
of the Assessment Lien in excess of the allowed priority shall be prior and senior to any Mortgage
affecting a Lot other than a first lien Mortgage. The priority created in this subsection (c) follows
the provisions of CCIOA and should the provisions of CCIOA be amended, then the provisions
of this subsection (c) shall be amended automatically.
6.9 Statement From Association. Upon written request and payment of such reasonable fee
as may be set by the Association, the Association shall issue a written statement to any grantee or
Mortgagee verifying the status of all Assessments or charges affecting the Lot. Any statement as to the
existence or amount of any delinquencies shall, absent manifest error, conclusively bind the Association.
6.10 Assessment~ for Tort Liability. In the event of any tort liability against the Association
which is not covered completely by insurance, each Owner shall contribute for the payment of such
liability as a Special Assessment. The Association may, however, require a larger contribution from fewer
than al1 Owners under any legal or equitable principles regarding liability for negligent or wilful acts or
omissions.
7. INSURANCE.
7.1 Types of Insurance. The Association shall obtain and keep in full force and effect the
following insurance coverage, if appropriate:
(a) Property and fire insurance with extended coverage and standard all-risk
endorsements, including vandalism and malicious mischief, on any Association property. The
total amount of insurance, after application of deductibles, shall be 100 %of the rep lacementvalue
of the insured property exclusive of land, foundations and other items normally excluded from
property policies.
(b) Public liability and property damage insurance, including medical payments insurance,
in an amount to be determined by the Board, covering all occurrences commonly insured against
for death, bodily injury and property damage arising out of or in connection with the ownership,
operation, maintenance or other use of Association property. This policy shall also cover
operation of automobiles or other vehicles or equipment on behalf of the Association.
(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 Board and officers of the Association. against libel,
slander, false arrest, invasion of privacy and errors and omissions and other forms of liability
generally covered in officers and directors liability policies.
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(f)If applicable, insurance against loss or damage to persons or property for ditch or dam
failure.
(g) Coverage against such other risk of a similar or dissimilar nature as the Board deems
appropriate.
(h) Notwithstanding the preceding, the Association shall be permitted to omit any of
the coverage described in (d) or (f) above where premiums are unreasonably expensive or the
coverage is not available in this geographic area or the coverage is not offered, by a carrier of
sufficient credit rating.
7.2 Named Insured and Interests. The Association shall be the named insured under each of
said policies. Where appropriate, the named insured may be any ditch or reservoir company owned or
controlled by the Association or the officers and directors of the Association or the officers and directors
of any ditch or reservoir company owned or controlled by the Association. Policies of insurance shall also
name Declarant as an insured so long as it shall retain any interest in St. Finnbar Farm. Where the Board
deems it appropriate, individual Owners may also be named insureds. The certificate or memoranda of
insurance, duplicate originals of all policies and renewals, and proof of payment of premiums shall be
issued to the Association, and upon request, to Declarant and to any Owner who is a named insured or to
any Eligible Mortgage Holder.
7.3 Insurance Proceeds. The Association shall receive the proceeds of any insur ance purchased
by the Association. In the event of damage or destruction due to fire or other disaster,if the insurance
proceeds are sufficient to reconstruct the improvements, the Association shall promptly cause such
reconstruction to occur. If the insurance proceeds are not sufficient for such purpose, the Association may
levy a Special Assessment against the Owners for such deficiency.
8. GENERAL RESTRICTIONS.
8.1 Residential Uses. Each Lot shall be used only for residential purposes and such accessory
or incidental uses thereto as may be permitted under applicable zoning, consistent with this Declaration.
No commercial activities may be conducted onany Lot. Notwithstanding the preceding, home occupation
uses as defined by applicable land use regulations of the County shall be permitted on any Lot. On each
Lot there shall be constructed only one single family residence and such accessory or incidental structures
as may be permitted by the County in accordance with its land use regulations and as approved by the
SARC. Accessory Dwelling Units ("ADUs") shall be permitted on any Lot at least four (4) acres in size
as long as each ADU otherwise complies with the standards applicable to ADUs set forth in Garfield
County Zoning Resolution of 1978, as amended.
8.2 Approval Resolutions. All improvements constructed on any Lot and the use thereof shall
be in accordance with the terms, provisions and conditions of the Plat, Approval Resolutions and any
amendments to said plat or resolutions.
8.3 Wetland Areas. All Wetlands Areas within St. Finnbar Farm shall be managed by the
Association. The Association shall use reasonable efforts to protect against damage or loss to Wetlands
Areas; however, such obligation shall not extend to changes in the course of the Roaring Fork River. No
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livestock or horse grazing shall be permitted in Wetland Areas except where such activity has historically
occurred. Where a dispute shall occur as to what constitutes historical livestock or grazing areas, the
determination of the Association shall be binding on all Owners. Wildlife nesting areas within Wetland
Areas shall be preserved. There shall be no removal or cutting of trees or other vegetation, whether dead
or alive, standing or fallen, within Wetland Areas except where the consent of the Association shall first
be obtained and the Association shall withhold such consent where nesting or other wildlife habitat areas
would be threatened. The Association may also undertake wildlife enhancement within Wetland Areas
including, but not limited to, shrub plantings and screenings and pothole development for waterfowl and
weed control; provided however, the use of herbicides and insecticides in Wetland Areas shall be
prohibited.
8.4 Mapping. At the request of any Owner, Mortgagee or any person contemplating the
purchase of a Lot, Declarant, for so long as it may appoint and remove members of the Board as allowed
under Section 4.2 below and thereafter the Association shall have the right to provide Owners, Mortgagee
or prospective purchasers of Lots with a map locating thereon anyone or more of th.e following:(i)
Development Activity Envelope, (ii) any Wetlands Areas, (iii) any historical livestock or grazing areas
,and (iv) any historically irrigated lands which map shall be binding on Declarant and the Association and
may be relied upon by the Owner, Mortgagee or prospective Lot purchaser. As a condition precedent to
the preparation of such map, the Owner, Mortgagee or prospective purchaser shall,if requested by
Declarant or the Association as applicable, prepay the estimated cost for the preparation of such map.
8.5 Permitted Activity Within Open Spaces. Activities that may occur within Open Space
Areas includes driveways, utility extensions, pasture and grazing of livestock. In addition, the Association
may establish, construct and maintain private trails through Open Spaces where Owners, their family
members, guests and invitees shall have a non-exclusive pedestrian access to passively observe wildlife
and Wetlands Areas. Owners of Lots burdened by this easement shall, subject to all the terms, restrictions
and limitations set forth in this Declaration, retain the right to use the easement and lands beneath and
airspace above for all purposes which do not unreasonably interfere with the enjoyment of the rights herein
granted. Owners, their family members, guests and invitees hereby assure any risk associated with the
use of this pedestrian access. Use of this pedestrian access by members of the public is prohibited.
8.6 Dogs. One (1) dog may be maintained by Owners inside residences or within escape proof
kennels. No kennel may be constructed by an Owner unless the precise location, design., materials and
color shall first be approved by the SARC. Approved kennels shall be kept in good repair. by Owners.
A kennel may include an electric fence where the fence is kept in good operating order and the dog is
properly trained to adhere to the electric fence boundaries. Owners may take dogs outside kennels or
residences provided that a leash is used at all times to keep the dog under positive control. Under any
circumstances, the dog must be confined with the boundaries of the Lot. Under no circumstances may
dogs be allowed to run at large or harass wildlife. Dogs may be prohibited temporarily or seasonally from
any sensitive or critical wildlife areas of St. Finnbar Farm. Workers at construction sites on any Lots,
as well as guests, employees or caretakers of Owners are all strictly prohibited from bringing any dogs
onto St. Finnbar Farm. The Association and its employees or agents are hereby authorized to enforce the
restrictions set forth herein with respect to dogs, including, in the worst cases, capture and permanent
removal or destruction and the promulgation ofa schedule of fines to be imposed on Owners for violations
of these restrictions.
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8.7 Other Pets. Owners shall be allowed to maintain household cats. Pets, other than dogs
and cats, shall be permitted on St. Finnbar Farm subject to obtaining the prior approval of the Association,
which approval may include conditions or rules as to maintaining such pets. The Association may prohibit
altogether the maintenance olfcertain pets; on St. Finnbar Farm lands.
8.8 Horses. sJject to limitations regarding Wetlands Areas, Owners shall be entitled to
maintain horses on Lots and utilize lands on Lots for pasture or other equestrian activities.
Notwithstanding the preceding, the Association tn<.rjl"with.respect to each Lot, promulgate rules as to the
number and location of horses that may be kept rn eaclu.[l!Ittamd such other matters relative to maintaining
horses and the utilization of pasture lands asthe Association- sshall reasonably determine. Grazing shall be
limited to historic hay fields and individual catchpens shall'lbe limited to 7,500 sq. feet.
8.9 Other Livestock. No livestock, -ottredhan horses, shall be permitted on any Lot without
first obtaining the approval of the Association. Nothing herein shall obligate the Association to approve
livestock, other than horses, on any Lot. Any approval granted by the Association shall be subject to the
grazing conditions and catch pen size applicable to horses and such other conditions as the Association may
reasonably determine.
8.10 Further Subdivision. No Lot shown on the Plat shall ever in the future be subdivided by
an Owner into smaller parcels or conveyed or encumbered in any less than the full dimensions shown on
the Plat; provided, however, conveyances, easements or dedications for utilities may be made with regard
to less than a Lot.
8.11 Boundary Line Adjustments by Owners. Notwithstanding the provisions of Section 8.9
above, a boundary line adjustment by Owners between two Lots shall be permitted provided that the
approval of the Association and the County isfirst obtained and the Owners desiring such adjustment shall
pay all reasonable costs incident thereto, including the preparation, approval and recording of an amended
Plat as may be required by the County, Declarant or Association.
8.12 Utilities. With respect to development by Owners on any Lot, all electrical, gas, telephone
and other utility pipes or lines shall be buried underground and shall not be carried on overhead poles or
above the surface of the ground. Any areas of natural vegetation or terrain disturbed by the burying of
utility lines shall be revegetated to SARC standards by and at the expense of the Owner causing the
installation of the utilities no later than the next growing season following such installation.
8.13 Enclosure of Unsightly Facilities and Equipment. All unsightly facilities, equipment and
other items, including, but not limited to those specified below, shall be enclosed within a covered
structure. Any motor home, trailer, boat, truck (other than a pick-up truck), tractor, garden equipment
and any similar items shall be kept at all times in an enclosed garage except when in actual use. Any
refuse or trash containers, utility meters or other facilities, service areas, or storage piles shall be enclosed
within a structure or appropriately screened from view by planting or fencing approved by the SARC and
adequate to conceal the same. No lumber, metals, boat materials, abandoned cars, 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.
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8.14 Satellite Dishes. Satellite dishes shall be permitted on Lots subject to obtaining any
requisite County land use approvals. Owners desiring to install satellite, relay, up-link or other
communication dishes or facilities shall first obtain approval from the SARC. Any prop osal for a dish or
other facilities by Owner shall also include a plan for benning. screening, fencing and planting £0 as to
conceal the dish or other facilities. Plans for any dish or other facilities shall include details as to location,
size, color, installation, maintenance and other specifications as the SARC may reasonably require.
8.15 Hunting and Firearms. The discharge or shooting of firearms is prohibited, except by
employees or agents of the Association in connection with wildlife management or pred ator contro1.
8.16 Drainage and Erosion Control. No Owner shall do anything which shall impair or
adversely affect the natural drainage on any Lot without the consent of the SARC. No Owner shall divert
drainage or irrigation water onto another Lot, or deprive any other Lot of its natural drainage course.
8.17 Pest Control. No Owners may engage in any pest control activities outside any residence
or other structure without having first obtained the written approval of the Association. The Association,
consistent with this Declaration, may grant or withhold any such approvals. In the granting of any
approval, the Association may impose conditions on any pest control, including the techniques, devices
or chemicals that may be employed. All pest control shall be implemented at the expense of such Owner.
8.18 Offensive Activity. No noxious or offensive activity or sound shall be conducted on any
portion of St. Finnbar Farm at any time, nor shall anything be done or permitted which may become a
nuisance to, or unreasonably disturb, Owners of any Lots, or be injurious to the reputation of St. Finnbar
Farm.
8.19 No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating or drilling
for any substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not
be permitted within the limits of the St. Finnbar Farm. Drilling of individual water wells shall be
permitted by Owners of Lots in accordance with the provisions of this Declaration. Drilling of a water
well for fire protection purposes shall also be permitted by Declarant or the Association in accordance with
the provisions of this Declaration. Notwithstanding the preceding, excavation of rock and earth shall be
permitted by Declarant in the course of the construction or development of St. Finnbar Farm infrastructure
or as necessary to carry out the Approval Resolutions or by the Association in the performance of any of
its duties or obligations.
8.20 Irrigated Lands. Subject to the legal and physical availability of water, historically
irrigated lands on St. Finnbar Farm shall be irrigated by the Association utilizing ditch rights conveyed
by Declarant. The Association's determination of what constitutes "historically irrigated lands" shall be
conclusive. The Association shall make reasonable efforts to minimize the loss or dry up of historically
irrigated lands associated with development of Lots. The Association may also provide irrigation water
to areas of Lots that have not been historically irrigated; provided however, historically irrigated areas
shall have a first priority as to available water. Irrigation shall occur via the existing ditch system,
additions thereto or via the use of ponds, pipes, pumps, sprinklers or similar devices or equipment.
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8.21 Completion of Construction. Any construction activity on any Lot in St.Finnbar Farm
shall be completed and fully cleaned up within eighteen (18)months from its commencement or a variance
shall be obtained from the SARC to allow for a longer period of construction upon proof of due diligence.
8.22 Fireplaces. No open hearth solid-fuel fireplaces shall be allowed within St.Finnbar Farm.
One (1)"new wood stove" as defined under Colorado Revised Statutes 25-7-401,et. ~. and the
regulations promulgated thereunder shall be allowed in each dwelling unit. All dwelling units shall be
allowed an unrestricted number of natural gas burning stoves and appliances.
8.23 Drivewavs.
(a) Driveway design, location, surfacing material and construction methods, including,
without limitation, application of an approved dust suppressant, shall be approved by the SARC
and shall be in compliance with any applicable provisions of the Approval Resolutions. The
Owner whose Lot is being served by a particular driveway shall be responsible for ongoing dust
control of the private driveways and shall treat the driveways with dust suppressants approved by
the SARC."
(b) The design and construction of driveways shall comply with the County standards
and specifications governing driveways.
(c) All access driveways from the Road shall be constructed at the expense of the
Owner whose Lot is being served by that particular driveway. Provided that the access driveway
is constructed to SARC approved standards, the Association shall be responsible for the
snowplowing of such driveway. Costs of snowplowing access driveways shall be charged as a
special cost to Owners based on the length of each such driveway and other conditions peculiar
to each driveway. Except as to snowplowing, Owners shall remain responsible for the
maintenance and repair of access driveways to their individual homesites.
8.24 Damage by Owners. Each Owner is responsible for any damage caused to the Road,
ditches, fences, natural draining courses, utilities, Association property, or to other Lots or property
thereon during the construction of improvements upon his Lot by any vehicle belonging either to him or
anyone using the roads of St. Finnbar Farm while engaged in any activity benefitting the Owner. Each
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 in a timely manner.
8.25 Fence Criteria. All fences to be erected by Owners within shall be approved by SARC
and shall be in harmony with the nature, setting and surroundings of S1. Finnbar Farm. No fences shall
be erected in Open Space Areas. Notwithstanding the preceding, the following fencing criteria shall apply
to all Lots in S1. Finnbar Farm:
(a) Metal fencing shall not exceed forty-two inches (42")in height and shall be four
strand or less.
(b) Wood fencing shall not exceed forty-eight inches (48 ") in height and shall be three
(3) rails or less.
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(c) Notwithstanding thepreceding, fencing enclosing haystacks shall be at least eight
feet (8') high and shall be approved by SARC.
8.26 Limits on Vehicles. TheAssociationshall have the authorityto promulgate such and
regulations as shall be necessary for safety purposes with respect to the operation of motor vehicles on
St. Finnbar Farm lands.
8.27 Signs. The Association shall have the right to post signs on any Lots prohibiting
trespassing or hunting, to protect boundary lines, wildlife, Wetlands Areas or for any other purposes
consistent with this Declaration.
8.28 Compliance with Permits. Declarant has obtained a Special Use Floodway Permit from
the County and a Nationwide Wetlands Permit from the U.S. Corps of Engineers (the "Permits") for
vehicular access across floodways: (i) from St. Finnbar Farm Road across Lot 5 to serve Lots 5 and 6 and
(ii) from St. Finnbar Farm Road across Lot 4 and a portion of Lot 8 to serve Lot 7 and (iii) from St.
Finnbar Farm Road across Lots 9 and 10 to serve Lots 8, 9, 10 and 11. Owners of the benefitted Lots
shall be responsible for compliance with the terms, provisions and conditions of such Permits and such
compliance may be enforced by the Association. Owners of Lots benefitted by the Permits shall have
easements over and across so much of the Lots burdened by said Permits as shall he reasonably necessary
to perform any compliance obligations thereunder.
8.29 Exterior Lighting. All exterior lighting shall be the minimum amount necessary and all
interior lighting shall be directed inward, towards the interior of St. Finnbar Farm, excepting safety
lighting which may go beyond the boundary of St. Finnbar Farm.
8.30 Wildfire Protection. All residential construction will be consistent with the Colorado State
Forest Services (CSFS)recommendations for construction of homes contained in the CSFS publications
"Wildfire Protection in the Wildland/Urban Interface" and "Model Regulations for Protecting People and
Homes in Subdivisions and Developments".
8.31 Noxious Weeds. Control of noxious weeds is the responsibility of each Lot Owner. The
Association shall determine what constitutes "noxious weeds". The Association may impose conditions
on any weed control activities, including techniques, devices or chemicals that may be employed. Where
a Lot Owner fails or refuses to perform adequate noxious weed control, as determined by the Association,
the Association may enter upon such Owner's Lot; perform the necessary weed control and assess the
Owner for the cost thereof under the "special cost centers" provisions of Section 6.2.
9. EASEMENTS AND RIGHTS RESERVED.
9.1 Easements Described on Plat. All of St. Finnbar Farm is subject to the easements shown,
created, reserved or granted on the Plat.
9.2 Development of St. Finnbar Farm. Declarant reserves the right for itself (and to the
extent necessary, such right is hereby extended to the Association) and its agents, employees and
contractors, to enter upon St. Finnbar Farm to do whatever Declarant deems necessary or advisable in
connection with any subdivision improvements, including, but without limitation, fire protection, drainage,
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irrigation, the installation of utilities, the construction of all roads, grading and landscaping, construction
of all amenities, the erection or placement of such temporary structures as may be reasonably necessary
to facilitate such development, and the placement of such signs as Declarant may deem advisable in
connection with the gale of the Low.
9.3 Ditch Easements. There is hereby reserved to the Association easements for all existing
ditches over and across St. Finnbar Farm and an area seven feet (7') on either side of the centerline of said
ditches for the maintenance and repair thereof.
9.4 Utility Easements. Declarant hereby reserves rights: (a) to grant nonexclusive easements
for underground utilities, including, without limitation, for the installation, maintenance, repair and
replacement of lines, pipes, wires, conduits and other facilities or systems and for ingress and egress to
and from the same over and across St. Finnbar Farm except within designated Development Activity
Envelopes, and (b) without extinguishing the aforementioned general easement, from time to time to
substitute one or more specific easements for the use by utility companies or others by recording of an
instrument in the real estate records of the County. Unless the written consent of Declarant is first
obtained, utility companies shall have no right to use easements over St. Finnbar Farm to serve properties
adjacent to St. Finnbar Farm. Where Declarant shall grant any easements to utility companies to serve
properties adjacent to St. Finnbar Farm, Declarant shall be entitled to receive any consideration paid by
such adjacent property owner or the utility company for such easement.
9.5 Fire Protection. A shallow infiltration well for fire protection purposes shall be
constructed by Declarant in the center of the circle at the end of the Road. Thereafter the well shall be
maintained and repaired by the Association.
9.6 Operations Easements. There is hereby reserved to Declarant and the Association the right
from time to time to enter upon Lots, to perform or carry out any of the St. Finnbar Farm operations,
including ditch maintenance, wildlife and Wetlands preservation or enhancement and any other actions
reasonably required to carry out Association functions, duties or services.
9.7 Emergency Access Easements.
(a) There is hereby reserved a permanent and perpetual emergency a.ccess easement
over and across St. Finnbar Farm as shown on the Plat, said easement being for emergency access
to those Lots served by said easement. The Association shall be responsible for the maintenance
of said easement and shall have the right to levy and collect Assessments for that purpose.
(b) A nonexclusive easement for ingress and egress is hereby granted to all police,
sheriff, fire protection, ambulance and other emergency agencies servicing St. Finnbar Farm and
its residents.
9.8 Road Easement. There is hereby reserved a permanent and perpetual easement for the
Road over and across St. Finnbar Farm as shown on the Plat, said easement being for the purpose of the
construction, maintenance, repair and replacement thereof and for the installation, maintenance and repair
of underground utilities and for such other purposes as are provided in this Declaration. Declarant hereby
permanently and perpetually dedicates the Road for the use, benefit and enjoyment of all Owners, their
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family members, guests and invitees and for use by employees of the Association. Once constructed by
Declarant, the Association shall be responsible for the maintenance, repair and replacement of the Road
including snowplowing. Declarant or the Association shall have the right to install security or entry gates,
security gate house, fences, signage, speed bumps or dips, culverts, guard rails and the like.
9.9 Easements for Central Water System. Each of the Lots in St. Finnbar Farm is to be served
by an individual well to be installed by Owners; provided however, should circumstances change where
the best interests of Owners of Lots in St. Finnbar Farm would be served by the installation, operation and
maintenance by the Association (or another entity performing such function) of a centr al water system,
there is hereby reserved for such system easements the utility easements reserved under Section 9.4 above.
9.10 Easement and Fence Maintenance Obligation. Reference is made to the easement described
as "Parcell" in that certain Agreement, Easement Grant and Mutual Release recorded in Book 697 at Page
616 of the real estate records of the County, excepting that portion of said Parcel "B" conveyed to Ralph
L. Braden by deed recorded in Book 725 at Page 792. The foregoing instrument resolved a boundary
dispute between portions of St. Finnbar Farm and adjacent Ranch at Roaring Fork. Declarant hereby
conveys to the Association all right, title and interest of Declarant in and to said instrument and easement
created thereunder and the Association shall be responsible for the fence maintenance obligations set forth
in said instrument.
9. 11 Fishing Easement. With respect to the Roaring Fork River, Lots 7, 8,9 and 10 shall be
subject to a fishing easement recorded in Book~ Page323, as Reception No.S7iJ7d9 of the real
estate records of Garfield County, Colorado, and Lot1l shall be subject to a fishing easement recorded in
Book/~,Page~, as Reception No.SZ)fVo of the real estate records of Garfield County,
Colorado. Said fishing easements grant to the public non-exclusive easements that extend five (5) feet
horizontally along the ground above the high water mark along the bank of the Roaring Fork River for
purposes of fishing.
9.12 Ownership of Easements. Any easements or rights reserved by Declarant in Sections 9.2
and 9.4 above shall remain vested in Declarant until such time as Declarant has executed and delivered
an instrument in writing transferring the same to the Association or any successor or assign of Declarant.
Where the instrument recites it is a complete transfer of a particular easement or right, Declarant shall be
relieved from all continuing responsibilities therefore. With respect to any St. Finnbar Farm easements
created by this Declaration that benefit the Owner of any Lot, no such easements may be vacated,
extinguished, impaired or limited (other than temporary limitations for maintenance, repair or
replacement), except upon the written consent of the Owner of such Lot and any Eligib le Mortgage Holder
thereon, and notwithstanding the provisions ofSection 14.2 below, no amendmentto this Declaration may
repeal or change this requirement except upon the written consent of all Owners and all Eligible Mortgage
Holders.
10. WATER RIGHTS.
10.1 Individual Wells. Owners of Lots shall be permitted to drill and operate one exempt well
(the "Well") for ordinary household purposes asprovided in C.R.S. § 37-92-602(1)(b), as amended. Each
Lot has obtained a well permit (lithe Permit") from the Colorado Division of Water Resources. The
construction and use of each Well shall be subject to the conditions of the Permit appurtenant to that Lot.
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Owners shall be responsible for the payments of all costs associated with the drilling, development,
operation, repair, maintenance and replacement of the Well.
10.2 Basalt Water Conservancy Contracts. Declarant will obtain, for the benefit of each of the
Lots, contracts (the II Contracts ") from the Basalt Water Conservancy District for purposes of augmentation
of all Wells existing or to be developed thereon as more fully set forth in Section 10.1 above. In lieu of
separate Contracts for each Lot, the Association (on behalf of all Lot Owners) may enter into a master
Contract (the "Master Contract") with the Basalt Water Conservancy District for purposes of augmentation
of the Wells existing or to be developed on Lots as more fully set forth in Section 10.1 above. The
Association shall be responsible for all payments due and to become due under the Contracts or Master
Contract, as the case may be, and shall otherwise administer the Contracts or Master Contract for the
benefit of all Owners. Where applicable Owners shall perform those obligations under the Contracts or
Master Contract required to be performed with respect to such Owner's Lot. Should the Association
reasonably determine that the centralized administration of the Contracts is not in the best interests of St.
Finnbar Farm and provided any consents required under the Contracts have first been obtained, the
Association may assign the Contracts to the Owners of each Lot benefitted thereby and from and after the
date of such assignment the Association shall be released from all further responsibility thereunder. Either
the Association or individual Owners, as applicable, shall be responsible for obtaining any extensions or
renewals of the Contracts.
10.3 Water Rights Reserved. Ownership of any Lot in St. Finnbar Farm excludes all reservoir
and reservoir storage rights, water and water rights, ditch and ditch rights, spring and spring rights,
ground water and ground water rights, all of which are reserved to the Association, excepting only the
right reserved to each Lot for one exempt well as provided in C.R.S. §37-92-602(1)(b), as amended, which
right shall be subject to the terms, provisions and conditions of this Declaration.
10.4 No Impairment of Water Rights by Owners. Notwithstanding that Owners of Lots are
entitled to obtain individual wells and the individual water rights appurtenant thereto, in no event shall
Owners be entitled to have any standing, by virtue of ownership of said individual wells and water rights
appurtenant thereto, to object to any application for an individual well permit by another Owner or any
water rights application that may be filed by the Declarant or Association with respect to any water rights
reserved to Declarant or owned by the Association so long as such application does not seek to transfer
or divert such water rights off St. Finnbar Farm or threaten injury to the Wells reserved to any Lots. Each
Owner hereby irrevocably constitutes and appoints Declarant or the Association its attorney-in-fact to file,
join in or object as Declarant or the Association deems appropriate in its sole discretion to any water right'>
application affecting St. Finnbar Farm.
11. SEWER SERVICE DISCLOSURE. Pursuant to the Sewer Service Agreement, sewer
service to S1.Finnbar Farm is provided by the Ranch Association which is a private homeowners
association entitled to establish rules and regulations for the provision of such service but which is not
subject to rules or regulations affecting public utilities. Declarant does hereby assign to the Association
the Sewer Service Agreement and the Association, by execution of this Declaration, hereby accepts said
assignment and hereby assumes each and all ofDeclarant's obligations and rights under said Sewer Service
Agreement. Without limit to the powers of the Association granted under Section 4.9 above, the
Association shall have such lien and assessment rights and the power to enforce such lien and assessments
as shall be sufficient to allow the Association to meet its obligations under the Sewer Service Agreement,
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including the power to levy and collect Assessments for such purpose without need for Member approval.
12. COLORADO IS A RIGHT-TO-FARM STATE. Colorado is a "Right-to-Farm" State
pursuant to Colorado Revised Statutes 35-3.5-101 et.~. Landowners, including Owners of Lots in St.
Finnbar Farm, must be prepared to accept the activities, sights, sounds and smells of Garfield County's
agricultural operations (as defined in Colorado Revised Statutes 35-3.5-102(2)) as a normal and necessary
aspect of living in a County with a strong rural character and a healthy ranching sector. An agricultural
operation is not, nor shall it become, a private or public nuisance by any changed conditions in or about
the locality of such operation after it has been in operation for more than one year, if such operation was
not a nuisance at the time the operation began; except that this provision shall not apply in the case of a
negligent operation or when a change in operation would result in a private or public nuisance or when
a substantial increase in the size of operations occurs. In the event of any amendment to Colorado Revised
Statutes 35-3.5-101, this Section 12 of the Declaration shall automatically be amended to conform to such
amendment to said Colorado Statutes.
13. VARIANCES FROM DECLARATION. The Association may, by the majority vote of
the members of its Board, grant reasonable variances from the strict compliance with the provisions of this
Declaration in the case of undue hardship. The Owners of all of the Lots shall be given at least twenty
(20) days advance written notice setting forth the time and place of the meeting of the Board at which any
request for a variance is to be considered and describing the requested variance. Owners or their
representatives shall be afforded the opportunity to appear before the meeting of the Board and be heard
with respect to the requested variance. Separate procedures are provided in Section 5.6 and shall be
followed with regard to variances from architectural controls.
14. TERM, AMENDMENT AND TERMINATION OF COVENANTS.
14.1 Term. The term of this Declaration shall be perpetual.
14.2 Amendments. Commencing on the date of recording hereof and continuing until the
closing (i.e., recording of the deed) on the sale of the first nine (9) Lots by Declarant, the Declarant shall
have the absolute right to amend any provision of this Declaration, except as limited by Sections 9.12
above, provided that such amendment shall not adversely affect marketability of title to any Lot or
materially diminish the value of any Lot. In cases where any amendment does adversely affect
marketability of title or materially diminish the value of a Lot, such amendment may nevertheless be
adopted by Declarant, as allowed in the sentence immediately preceding so long as at the time such
amendment becomes effective: (i) Declarant shall be record owner of the Lot so affected and the affected
Lot is not the subject of any contract for sale or (ii) the written consent of the Owner (if other than
Declarant) or contract vendee has been obtained. By instrument signed by Declarant and duly recorded
in the real estate records of the County, Declarant may sooner relinquish its right to amend this
Declaration or make interpretations thereto aspermitted in Section 16.1 below. After the expiration of
the period described in the preceding sentence or earlier written relinquishment by Declarant, if any, this
Declaration may , except as limited by Section 9.12, be amended by a vote of not less than two-thirds (2/3)
of the votes entitled to be cast by the Members of the Association; provided that such amendment shall not
adversely affect marketability of title to any Lot or materially diminish the value of any Lot. Except as
provided in Section 9.12, the consent of Mortgagees shall not be required in order to amend this
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Declaration. Any instrument amending this Declaration shall be duly executed by the Declarant or
President and Secretary of the Association, as the case may be, and recorded in the real estate records of
the County. Notwithstanding the preceding, no amendment shall be permitted that is inconsistent with any
of the rights granted, retained or reserved to Declarant hereunder or which attempts to enlarge or expand
any obligation of Declarant hereunder unless such amendment is consented to in writing by Declarant.
Further, where any amendment is not considered by Declarant or the Association in its reasonable
judgment to be a material change to any provision of this Declaration, such as the correction of a technical,
drafting or typographical error, correction of some obvious omission, resolution of any conflict with
applicable laws, clarification of any ambiguous statement or the like, such amendment may be made at any
time by Declarant or the Association, without requirement to obtain the consent of any Owner or
Mortgagee. Notwithstanding any other provision of this Section 14.2, no amendment to this sentence or
the provisions of Sections 8.22, 8.29, 8.30 the first sentence of 8.31, Section 12 or 8.6 (to the extent that
no more than one dog is allowed on any Lot; that dogs shall be required to be confined within an Owner's
Lot and that enforcement provisions include removal of a dog as a remedy in the worst cases) shall be
effective without the written consent of the County having been obtained.
14.3 Rule against Perpetuities. If any of the terms, covenants, conditions, easements,
restrictions, uses, limitations or obligations created by this Declaration shall be unlawful or void for
violation of (i)the rule against perpetuities or some analogous statutory provision, (ii) the rule restricting
restraints on alienation, or (iii) any other statutory or common law rules imposing like or similar time
limits, such provision shall continue only for the period of the lives of Richard D. Lewis, James M.
Mindling and Morton A. Heller, their now living descendants, and the survivor of them, plus twenty-one
(21)years.
14.4 Termination. This Declaration may be terminated only if all the Owners and Eligible
Mortgage Holders agree to such termination by an executed acknowledged instrument duly recorded in
the real estate records of the County. This Declaration shall also terminate in the event of the taking of
all of St. Finnbar Farm by condemnation or eminent domain or abandonment or termination as provided
by law.
14.5 Disbursement of Proceeds. Upon the termination of this Declaration, all property owned
by the Association shall be sold by the Association either in whole or in parcels as the Board may deem
appropriate. The funds shall be disbursed without contribution from one Owner to another by the
Association for the following purposes and in the following order:
(a) payment of all customary expenses of the sale;
(b) payment of all applicable taxes and special Assessment liens in favor of any
governmental authority;
(c) payment of the balance of any liens encumbering Association property;
(d) payment of any unpaid costs, expenses and fees incurred by the Association; and
23
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(e) payment of any balance to the Owners in the same proportion that they pay
Association Assessments; provided, however, there shall be deducted from any share due an
Owner any delinquent and unpaid Association Assessments.
15. CONDEMNATION. If anyAssociation 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
Association Property, exclusive of compensation for consequential damages to affected Lots, shall be
payable to the Association and such proceeds shall be used promptly by the Association to the extent
necessary for repair and reconstruction of remaining Association property in 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 reconstruct such remaining Association property, it shall, at the Board's discretion,
be either refunded to Owner on such basis or the Board deems equitable or retained by the Association for
such uses as it deems appropriate.
16. MISCELLANEOUS.
16.1 Interpretation of the Covenants. Except for judicial construction, Declara.nt shall until the
closing (i.e., recording ofthe deed) on the sale of the first six (6) Lots, have the exclusive right to construe
and interpret the provisions of this Declaration. Thereafter, the exclusive right to construe and interpret
this Declaration shall rest with the Association acting by and through its Board. In the absence of any
adjudication to the contrary by a court of competent jurisdiction, the construction or interpretation of the
provisions hereof by Declarant, and thereafter the Association, shall be final, conclusive and binding as
to all persons and property benefitted or bound by this Declaration and provisions hereof. The provisions
of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the
development, operation and maintenance of St. Finnbar Farm.
16.2 Claims Regarding Declarant. The Association shall have a period of one (1) year after
Declarant shall relinquish control of the Association, and individual Owners shall have a period of one (1)
year after obtaining title to a Lot within which to assert by legal action or otherwise any claim, demand,
cause of action or lawsuit against Declarant in regard to St. Finnbar Farm. Nothing herein shall be
construed to limit, impair, diminish or bar any claim by the Association, Owners, Mortgagees, Declarant
or any other person with standing to bring such claim to ever assert by legal proceedings or otherwise any
claim, demand, cause of action or lawsuit against any engineer, architect, contractor, subcontractor,
supplier, materialman or other person involved in the design, installation, manufacture, assembly,
construction, operation, maintenance, repair or replacement of any subdivision improvements or
improvement to any Lots.
16.3 Sales Activity. Declarant may conduct, on St. Finnbar Farm, sales activity including, but
not limited to, the showing of Lots by Declarant or any sales agents, maintaining a sales or management
office or conducting promotional or marketing events or activities. Declarant may also maintain signs
advertising St. Finnbar Farm.
16.4 Conflict with Plats. In the event of any conflict or inconsistency between the provisions
of this Declaration and the Plat, including the plat notes thereon, the provisions of the Plat or plat notes,
as the case may be, shall govern and control andthis Declaration shall automatically be amended, but only
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to the extent necessary to conform the conflicting provisions hereof with the provisions of the Plat or pJat
notes.
16.5 Ri£hts of Eli£ible Mortga2"eHolders. Any Eligible Mortgage Holder shall be entitled to:
(a) upon request, inspect the books and records of the Association during normal
business hours;
(b) receive written notice of meetings of the Association where the consent of any
Eligible Mortgage Holder is required;
Cc)upon request, obtain copies of Association financial statements;
Cd)
property;
receive written notice of condemnation proceedings affecting any Association
(e) receive written notice of the lapse of any insurance that the Association is required
to maintain under this Declaration; and
(f)where the Owner of any Lot shall be deemed delinquent in the payment of any
Assessment,any Eligible Mortgage Holder of said Lot shall be given written notice of such
delinquency; provided however, no failure of the Association to give notice hereunder shall delay,
hinder or affect the Association's rights to collect upon said Assessment.
16.6 Provisions Incorporated in Deeds. Each provision contained in this Declaration shall be
deemed incorporated in each deed or other instrument by which any right, title or interest in any Lot is
granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument.
16.7 Number and Gender. Unless the context shall otherwise provide, a singular number shall
include the plural, a plural number shall include the singular, and the use of any gender shall include all
genders.
16.8 No Public Dedication. Except as expressly provided, nothing contained in this Declaration
shall be deemed to be a gift or dedication of all or any part of St. Finnbar Farm to the public or for any
public use.
16.9 Notices. Any notice permitted or required to be delivered as provided in this Declaration
shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall
be deemed to have been delivered three (3) days after a copy of the same has been posted in the United
States mail, postage prepaid for first class mail and addressed to the receiving party at the address last
given by such party to the Association. Any notice to the Association shall be sent to such address as it
may from time to time designate in writing to each Owner.
25
16.10 Colorado Law. The interpretation, enforcement or any other matters relative to this
Declaration shall be construed and determined in accordance with the laws of the State of Colorado.
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16.11 Disclaimer. No representations or warranties of any kind, express or implied, have been
given or made by Declarant, or its agents or employees, in connection with St.Finnbar Farm,or any
portion thereof, or any improvement thereon, its physical condition, zoning, compliance with applicable
laws, fitness or intended use or operation, cost of maintenance or taxes except as expressly set forth in this
Declaration.
16.12 Desismation of Successor. For purposes of this Declaration and the easements, dedications,
rights, privileges and reservations set forth herein, a successor and assign of Declarant shall be deemed
a successor and assign only as specifically designated by Declarant by instrument recorded in the real
estate records of the County, and, only with respect to the particular rights or interests specifically
designated therein.
16.13 Severability. Any determination by any court of competent jurisdiction th.at 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 Declaration is alleged to be or declared by a court
of competent jurisdiction to be unconscionable, Declarant or the Association shall have the right by
amendment to this Declaration to replace such provision with a new provision, as similar thereto as
practicable, but which in Declarant's or the Association's reasonable opinion would be considered not to
be unconscionable.
16. 14 References to County Standards. Wherever in this Declaration there is a reference to
County land use regulations, zoning, other County standards, the Approval Resolution, 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, Approval Resolution, plats or any other rule or law.
16.15 Run with the Land. Declarant, for itself, its successors and assigns, hereby declares that
all of St. Finnbar Farm shall be held, used and occupied subject to the provisions of this Declaration, and
to the covenants and restrictions contained herein, and that the provisions hereof shall run with the land
and be binding upon all persons who hereafter become the Owner of any interest in St. Finnbar Farm.
IN WITNESS WHEREOF,Declarant has executed this Declaration of Protective Covenants for
St.Finnbar Farm the day and year first above written.
BY:~~
Print Name:.N~~N )/'-'-'-,It...
Title:VI cs:~tf#'"4 -::>6'Q ,
STATE OF ColoradO
COUNTY OF r)/f;n
ROARING FORK FARM, LLC,
a Colorado limited liability company
BY~~
&Ie",tf.,,d 6,-1.~'Manager
ST. FINNBAR LAND COMPANY, a
Colorado corporation
26
)
)ss.
)
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111I1I11I1111I111111I11111111111~JllIlllllIlllllllllil57473301/09/2001 03:48P B1226 P372 M RLSDORF
28 of 30 R 150.00 0 0.00 GRRFIELD COUNTY CO
"---
The foregoing Declaration Of Protective Covenants For St. Finnbar Farm was acknowle ged
before me this M day of j)cCen7Oer ,2000 by /llctlm hb'/cY""as j/rt~~d'"pf
St. Finnbar Land Company, a Colorado corporation.
..: ~.~.~,,'> ~~.", «' .•••..,-i""'.(I ~t2ML~;?:?'0,~v '[,-:c.:~10~.~i).,~
'~,~~ i""S\I'"\ ~./
The foregoing Declaration Of Protective Covenants For St. Finnbar Farm was ""
acknowledged before me this /;2.day of D-eCt.n?kr,2000 by /??timn /Mcras Manager 'of
Roaring Fork Farm, LLC, a Colorado limited liability company.
STATE OF Co/tJrqc/cJ )
COUNTY OF ,£J/I-k/a ))ss.
WITNESS my hand .and official s~bOMMIS.S10NEXPIRES
My commission exprres: -- -- -----4ff-Wr
No7ar9P~
WITNESS my hand and official seal.
My commission expires:
MY COMMISSION EXPlRES
4/7/01
_7rlt._~---7f-~_~"--~_· ..,~c..'~or,;
~ry Public .{'00~~·;·;;~·;·::,00-t.~.~ .J- .,:~~r~';fl ~\l~Y
.ii~~c;,(.0 .QJ :o :,.,~.\'~":z:.«..~ ....«.,je';,
"h~~""""~~e.~/I'~'~~;;;#
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'-
EXHIBIT "An
'.PROPERTY DESCRIPTION
(LOTS 6-10)
A PARCEl OF LAND SITUATED IN GOV'TLOTS 6, 12, 13, AND L9 OF
SECTION 31, TOWNSHI? 7 SOUTM, RANGE 87 WEST, OF THE SIXrH P.M.,
GARFIELD COUNTY, COLORADO, SAID PROPERTY 3EING MORE PARTICULARLY
DESCRIBEb,ASFOLLOWS:·
BEGINNING AT A POINT WHENCE THE'vn"TNESS CORNER STONE TO l[{E
NORTHEAST 'COP.NEROF SAID. SECTION 31 BE]:I,RSN 55° 33'00" 2, 5673.88
FEET; THENCE N 00"00'33" E, 1273.09 FEET; THENCE N 89°1L'07" E',
405.,25 FSET; S 00°02'58" W, 219.94 FEET; IRENC:::S 76°34' 25" E,
280.18 FEET; THENCE S 43°23'51H S, 235.49 tEET; THENCE
S 41°25'36" S, 2B3.16 FEET; THENCE N 59°44'43" E, 20.46 FEET;
THENCE S 42°22' 29" S, 77.81 2EET; ALONG TEE ARC OF A CURVE TO THE
~EFT HAVING A RADIOS, OF"200.00 FEET AND A CENTRAL ANGLE OF
12"57'50" A' DTS"'ll,N"C=-O~ 4~ 2"-'(C"ORD B"'Zl,~SS Llco'2'~7"'P L'1="16r_ ~"w r :::l....J n,Woo"-.O.l :::l ~" ~ . _
FEET); THENCE S 50°58' 46" E, 63.72 rEST; ,,,,,LONGTHE ARC OF .?\CURVE
TO THE RIGHT HAVING A RADIUS OF 100.00 F2ET AND A CENTRAL ANGLE
OF 33°47'S3",.A DISTANCE OF 58~.99'(CHORP BEARS S 34°04'50" E,
58.14 tE"ET); THENCE S 17°10'54" E, 1.79'; THENCE ALONG '['HEARC OF
A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 fEET AND A CENTRAL
ANGLE OF 37°03' 56", A DISTANCE OF 64.69' (CHORD BEARS
S 35a42'S1~ E, 63.57 FEET); THENCE ALONG THE ARC OF A CURVE TO
THE LEFT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF
07°34'42", A DISTANCE OF' 13.23' (CHORD BE?,~S S 58°02'10"£,13.22"
FEET); ,THENCE S ,61°49'31" E, 171.06 FEET; THSNCE ALONG THE ARC OF
A CURVE TO THE LEFT HAVIN~ A RADIUS OF 261.69 FEET AND A CENTRAL
ANGLE OF 27 °15'20", A DISTA:NCK,OF 124.49' (CHORD BEARS
S ,76°29'10 rr E, 123.32 FEET)/''''"f}i ENCE ,S 14 0]4 r 24"£r 88 .0L FEET ;
THENCE ALONG THE ARC OF A CURVE TO THtLEFT H~VING A RADIUS O~
50.00 FEE~ AND A CENTRAL ANGLE OF 21°49'01", A DIS~ANCE OF
19.04' (CHORD BEARS S 03°39'54" E, 18.92 l::'EET);THt:NCE
S 49°42'30" E 272.)1 FEET; THENCE S 84°26'26" Ef 101.85 FEET;
THENCE S 24°12'14" W, 398.65 FEET TO THE CENTERLINE OF THE
ROARING fORK RIVER; THENCE THE FOLLOWING FIVE(5)COORSES ALONG THE
CENTERLINE OF SAID RIVE~: N 7S033!2~" W, 272.62 FEET; THENCEN.
84°25;20" W, 257.22 FEET; THENCE N 87°41'19" W,223.i8 FEET;
THENCE N 88°30'35"irJ~346.12 FEET; THENCe: N 65°59'25" ~v, 120.15
FEET; THENCE LEIl..VINGSAlD CENTERLINE N 0'0,°30'00" W, 233.20 ..FEET
TO A BRASS CAP L.S. NO. 10732, THENCE S 88°,31'40" W,499.89 FEtT',.,c ~ .. ~'~-N"'"0- 3~GIN1\'-1\;r~A-D -"8.r--.-"'O"''-71-N-Nr::.38 732 "C~'"1 J:!"'i~2',)1..'L 1:::"l'Jl:'1''';)}J 1 !:::l~~:...,,(.;...J __'h'rr'~l_1. ~ ,_P.rr:.>,
MORE OR LESS .
. ,.,i
II
I I
\ II
Ii
Ii
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Form No.
G W S-25
APPLICANT
Lot: 12 Block: Filing: Subdiv: ST FINNBAR FARM
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 114 SW 114 Section 31
ST FINNBAR RANCH LAND CO Township 7 S Range 87 W Sixth P.M.
C/O JIM MINDLING DISTANCES FROM SECTION LINES
32 BUTTONSALL LANE 3160 Ft. from North Section Line
WESTON, CT 06883- 1850 Ft. from West Section Line
203) 222-0446 UTM COORDINATES
cabling:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring
Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only
when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and
when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of
replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract
3.3.5.324
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the
irrigation of not more than 8,300 square feet (0.19 of an acre) of home gardens and lawns, and the watering of four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in
effect. This well is known as Well No. 1, Lot 12.
5) Approved as a well on a residential site of 2.79 acre(s) described as lot 12, St. Finnbar Farm Subdivision, Garfield County.
6) The maximum pumping rate of this well shall not exceed 15 GPM.
7) The average annual amount of ground water to be appropriated shall not exceed 0.99 acre-foot (322,592 gallons).
8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
9) This well shall be constructed not more than 200 feet from the location specified on this permit.
10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request. ? q,,_ ??
NOTE: Expired permit no. 50516-F & 52722-F, were previously issued for this lot.
2
NOTE: Parcel Identification Number (PIN): 23-2391-312-18-012
NOTE: Assessor Tax Schedule Number: R007187
APPROVED ?A
DMW &P -
State Engineer
I JAN 14 2002 BEXPIRATION DATJAN 14 200%:
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
rinii aFS_3Fai
1095
WELL PERMIT NUMBER 56630 -F
DIV. 5 WD 38 DES. BASIN MD Jl
R007176
FINNBAR FARM LLC
PO BOX 9064
ASPEN CO 81612
R007177
ZATORSKI, MICHAEL TODD & ADRIENNE GARDNE
115 ST FINNBAR FARM ROAD
CARBONDALE CO 81623
R007178
HEART OF THE MATTER LLC
PO BOX 1664
MERCER ISLAND WA 98040
R007179
HARVEY, MARK
PO BOX 1035
BASALT CO 81621
R007183
AUGUSTINE, SAMUEL VUILLET
104 EVANS ROAD, UNIT 202
BASALT CO 81621
R007184
JAMIE KNIGHT SUMA SEPARATE PROPERTY TRUS
000024 ST FINNBAR FARM RD
CARBONDALE CO 81623
R007185
KARLINSKI, ANDREW AND SUANNE FAMILY TRU
231 ROBINSON STREET #336
BASALT CO 81621
R007186
PETITE DECLARATION OF TRUST
16 ST FINNBAR FARMS ROAD
CARBONDALE CO 81623
R007187
WHITE/NYDAHL FAMILY TRUST DATED 6/19/200
6640 THREE CANYONS COURT
SAN DIEGO CA 92130
R007188
DEANSAN, LLC
600 CAMP STREET, ROOM 244
NEW ORLEANS LA 70130
Garfield County, CO
Developed by
Account
Number
R007187
Parcel
Number
239131318012
Acres 3
Land SqFt 0
Tax Area 011
2019 Mill
Levy
75.5380
Physical
Address
12 ST FINNBAR FARM RD
CARBONDALE 81623
Owner
Address
WHITE/NYDAHL FAMILY TRUST DATED
6/19/200
6640 THREE CANYONS COURT
SAN DIEGO CA 92130
2019 Total Actual
Value
$1,330 Last 2 Sales
Date Price
4/29/2021 $550,000
4/21/2021 $0
Date created: 8/31/2021
Last Data Uploaded: 8/31/2021 2:11:30 AM
437 ft
Overview
Legend
Parcels
Roads
Parcel/Account
Numbers
Highways
Limited Access
Highway
Major Road
Local Road
Minor Road
Other Road
Ramp
Ferry
Pedestrian Way
Owner Name
Lakes & Rivers
County Boundary
Line
1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 239131318012 DATE: 7/19/2021
PROJECT: Finnbar Farm Lot 12 Amended Final Plat and Secondary Dwelling Unit
OWNERS: White/Nydahl Family Trust
CONTACT/REPRESENTATIVE: Patrick Rawley – Stan Clauson Associates INC
PRACTICAL LOCATION: 12 ST Finnbar Farm Rd, Carbondale Co
TYPE OF APPLICATION: Land Use Change Permit – Administrative Review
ZONING: Rural
COMPREHENSIVE PLAN: Residential Medium High Carbondale Area of Influence
I. GENERAL PROJECT DESCRIPTION
A follow up to the 7/12/2021 Pre -Application Conference Summary. After speaking with the
HOA (Architectural Board specifically) the applicant now proposes to build a Second ary
Dwelling Unit on the property. This will require a second application for a Director’s Decision
in addition to the Amended Final plat to adjust the building envelope.
The neighborhood plat used language from the zoning code at that time regarding ADUs .
That language has since been updated in a way that would allow an ADU on this property.
The plat notes do not include Secondary Dwelling Units, which were added in the 2013 LUDC
and are defined separately from ADUs.
The applicant should continue to work with the HOA to ensure that the neighborhood is
onboard with this application. The HOA will receive a referral request.
Two application forms will be required, one for the Amended Final Plat and a second for a n
Administrative review of the secondary dwelling unit. Each application fee will have to paid
separately, but the applications will be processed concurrently. Materials can be submitted
once, but the requirements for both applications will need to be meet. The general period for
review is the same for both processes, with the additional time to record the final plat following
approval.
2
II. COMPREHENSIVE PLAN
This application conforms with the future land use designation of residential medium high. .
III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply
to the Application:
• Section 4-103 Administrative Review and Section 4-101 Common Review Procedures
• Table 4-201 Submission Requirements and Section 4-203 Description of Submittal
Requirements
• Section 4-118 Waiver of Standards and Section 4-202 Waiver of Submittal
Requirements
• Article 7, Divisions 1-3 as applicable
• 7-701.B Secondary Dwelling Units
IV. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of
application. Table 4-201 outlines the specific application submittal criteria. The following list
can function as a checklist for your submittal.
General Application Materials including the Application Form (signed), payment of
Fees and signed Payment Agreement Form (see attached).
o A narrative describing the request and related information.
o Proof of ownership
o A Statement of Authority is required since the parcel is owned by an LLC
o Names and mailing addresses of property owners within 200 ft. of the subject
property from Assessor’s Office Records.
o Mineral rights ownership for the subject property including mailing address
and/or statement on mineral rights research (see attached).
o A Letter of Authorization is required if an owner ha s a representative complete
the application.
o A copy of the Preapplication Summary
Vicinity Map
Site Plan
Grading and Drainage Plan
Impact Analysis
Development agreement, if applicable
Improvement agreement, if applicable
Traffic Study or a waiver request
Water Supply/Distribution Plan
Wastewater Management/Treatment Plan
The Application should demonstrate compliance with applicable Article 7 Standards
o Article 7 Standards waivers should be requested according to Section 4-118
3
The Application should include a waiver request from submittals, as applicable.
Three hard copies and one digital copy (on a USB drive, for example) of the application are
required. Both versions should be split into individual sections.
Community Development Staff is available to meet with the Applicant to provide additional
information and clarification on any of the submittal requirements and waiver requests.
V. REVIEW PROCESS
Call-Up for review by the Board in accordance with the procedures and review process
contained in Section 4-112.
Staff will review the application for completeness, and when complete, refer it to appropriate
agencies for technical review. Staff will create a report to be submitted to the Director for their
decision.
4
Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code)
Planning Commission
Board of County Commissioners
Board of Adjustment
Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield
County Attorney, Garfield County Building Department, Garfield Road and Bridge, Garfield
County Consulting Engineer, Homeowners Association, Fire District .
VI. APPLICATION REVIEW FEES
Planning Review Fees: $250
Referral Agency Fees: $na
Total Deposit: $250(additional hours are billed at hourly rate of $40.50)
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 f actual
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 on ce 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:
7/20/2021
Philip Berry, Planner III Date
5
6
7
1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 239131318012 DATE: 7/12/2021
PROJECT: Finnbar Farm Lot 12 Amended Final Plat
OWNERS: White/Nydahl Family Trust
CONTACT/REPRESENTATIVE: Patrick Rawley – Stan Clauson Associates INC
PRACTICAL LOCATION: 12 ST Finnbar Farm Rd, Carbondale Co
TYPE OF APPLICATION: Amended Final Plat – Director’s Decision
ZONING: Rural
COMPREHENSIVE PLAN: Residential Medium High Carbondale Area of Influence
I. GENERAL PROJECT DESCRIPTION
The applicant requests adjusting the existing building envelope, taking area from the southern
section of the envelop and moving it to the northeastern portion of the lot. This alteration of
the envelope will avoid more heavily vegetated areas that are also impacted by floodplain,
irrigation ditches, and possible wetlands. The applicant provided draft site plans that showed
the new portion of the envelop will have an ADU of about 900 feet. The St. Finnbar Subdivision
has its own wastewater treatment facility, and the lot would be served by an individual well.
The property appears to have physical access from St. Finnbarr Farm Road.
In addition to fulfilling the submittal requirements outlined below, staff recommended trying to
uncover any information on the reason for the original envelope’s placement. The provided
draft site plan showed the location of floodplain and floodway and the location of an irrigation
ditch. These should be included on the proposed final plat, and Section 7-201.E addressed.
Any existing or proposed easements should also be included. Updated title commitment may
be necessary to identify all existing easements.
On the St. Finnbar Farm Subdivision plat at reception #574731 there are several plat notes
impacting development. One of these allows for ADU’s on lots larger than 4 acres. The lot in
this application is smaller than 4 acres. This plat note will need to be modified prior to an ADU
being allowed on this lot. That may require an amended final plat with the signatures of al l
property owners and lienholders involved in the subdivision. If possible, the applicant should
2
provide any updated plat notes or reception numbers that have alleviated these restrictions.
While they may not directly impact the application for this amended final plat, they would
prevent the shown site design.
II. COMPREHENSIVE PLAN
This application furthers the goals of the comprehensive plan.
III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply
to the Application:
➢ 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 applicable
3
IV. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of
application. Table 5-401 outlines the specific application submittal criteria. The following list
can function as a checklist for your submittal.
General Application Materials including the Application Form (signed), payment of
Fees and signed Payment Agreement Form.
o A narrative describing the request and related information.
o Proof of ownership.
o Title Commitment.
o A Statement of Authority is required.
o If the owner intends to have a representative complete the Application and
processing, then an authorization letter is needed.
o Names and mailing addresses of property owners within 200 ft. of the subject
property from Assessor’s Office Records.
o Mineral rights ownership for the subject property including mailing address
and/or statement on mineral rights research (see attached).
Copy of the Preapplication Summary needs to be submitted with the Application.
The proposed Final Plat showing original and proposed building envelope. All
easements shall be shown and labelled, as well as floodplains.
o All required certificates (signature blocks) shall be included on the plat.
o If there are improvements on the property, improvement location
information/survey information shall be provided to confirm that no non-
conforming conditions will result from the amended plat.
Vicinity Map.
An improvement agreement or submittal waiver, as applicable.
Copy of any codes, covenants, and/or restrictions on the property or reference to
recording information for the covenants.
o Previous plat notes or conditions of approval impacting the property should be
included and addressed.
The Application should address or request a waiver from Article 7 topics such as
drainage, access, utility services, and any other applicable topics.
Community Development Staff is available to meet with the Applicant to provide additional
information and clarification on any of the submittal requirements and waiver requests.
V. REVIEW PROCESS
Call-Up for review by the Board in accordance with the procedures and review process
contained in Section 4-112.
Staff will review for completeness and request referral comments from other agencies. Staff
will then create a report and recommendations.
Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code)
4
Planning Commission
Board of County Commissioners
Board of Adjustment
Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield
County Attorney, Garfield County Building Department, Garfield Road and Bridge, Garfield
County Consulting Engineer, Homeowners Association, Fire District, Ditch operator.
VI. APPLICATION REVIEW FEES
Planning Review Fees: $100
Referral Agency Fees: $na
Total Deposit: $100(additional hours are billed at hourly rate of $40.50)
5
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:
7/12/2021
Philip Berry, Planner III Date
6
7
8
St. Finnbar HOA
32 Buttonball Lane
Weston, Connecticut 06883
U.S.A.
Telephone: USA (203) 222 -0446
Fax Telephone: USA (203) 227 -9519
E-Mail: mindling@gmail.com
November 15, 2020
Dear St.FInnbar Lot Owner:
The St. Finnbar Executive Board has approved an extention of the Sewer
Service Agreement with the Ranch at Roaring Fork for two separate two-
year periods, beginning Jan. 1, 2021. This measure was then approved by a
vote of 11 in support, and two non-voting. Accordingly, the executed Sewer
Service Amendment of Oct. 12, 2020 is attached.
Essentially, this Amendment gives non-connected St. Finnbar lot owners the
option to connect to the Ranch Sewer system for a period of two years,
beginning January 1, 2020 for a fee of $2,500 per EQR. Lot owners can opt
for a second two-year extension if not hooked up by December 31, 2022, for
an additional fee of $2500 per EQR. Both fees would be payable to the
Ranch, in advance, through the St. Finnbar Homeowners Association. At
the end of the four-year period, all St. Finnbar lot owners will have the right
(in perpetuity and as long as capacity exists) to hook up to the Ranch system
as long as the monthly sewer service charges are paid to the Ranch by St.
Finnbar even for non-connected SF lots.
Attached you will find a schedule of the amount payable by each SF lot
owner to the SF HOA by December 1, 2020. This fee is mandatory and non-
negotiable. As an example, SF Lot 7 will pay the SF HOA a fee of $6250.
for the first two year option.
It would be most appreciated if all SF lot owners would promptly pay the SF
HOA by December 1, 2020 for retransmission to the Ranch at Roaring Fork.
Please submit payment to the following address:
St. Finnbar Homeowners Association
c/o Jim Mindling CONTINUED ON PAGE -2-
Page -2-
St. Finnbar sewer letter 11 15 20.docx
32 Buttonball Lane
Weston, CT 06883
Any questions, please contact any member of the SF Executive Board: Brett
Suma, (Brettsuma@loadsmith.com); Jim Mindling
(mindling@gmail.com); Mark Harvey (markharv@mac.com). Also,
please confirm your latest email address and best telephone number.
Below is the breakdown by lot of the special assessment per lot that needs
to be paid by the lot owner to the SF HOA. St. Finnbar will need to send a
check to The Ranch by December 15 th in the amount of $47,500.00 in
order to fulfill our obligation of the agreement.
Lot EQR's Fee
1 1.50 $3,750.00
2 2.00 N/A
3 1.50 $3,750.00
4 1.50 $3,750.00
5 2.50* $6,250.00
6 1.50 $3,750.00
7 2.50 $6,250.00
8 3.50 $8,750.00
9 2.50 N/A
10 1.50 N/A
11 2.50 N/A
12 2.00 $5,000.00
13 2.50 $6,250.00
* Lot 5 Purchased an additional EQR (increasing from 1.5 to 2.5) from the
Ranch and is liable for the additional EQR extension fee.
Regards,
St. Finnbar HOA Executive Board
Brett Suma, Jim Mindling and Mark Harvey
Date
3/30/2021
Invoice #
24332B
Bill To
White/Nydal Family Trust
c/o John Sittler
229 Midland Avenue
Basalt, CO 81621
Ranch at Roaring Fork Homeowners Association, Inc
14913 Highway 82
Carbondale, CO 81623
Account #Current Invoice Amount
Balance Due
Payments/Credits
Invoice
Item Code DescriptionQuantity Price Each Amount
Outside sewer fees Lot 12, St. Finnbar-New Tap Purchase –
0.5 Sewer EQR
0.5 15,000.00 7,500.00
$7,500.00
$7,500.00
$0.00
mOmOQADO WELL PERMR NUMBER 86157F
DIVINon of Waht Aewu¢ea
RECEIPT NUMBER 1W15957
ORIGNAL PERMIT APPUCAND I APPROVED WELL LCKATIDH
WHITE/NYDAHL EMILY TRIJ$T DATED 6119/ID01 Water Division: 5 Water DI8VIG1: 39
Designated deem: NIA
Management Dletrla NIA
County: GARFIELD
Parcel Name: ST FINNMR FARM
AUIrgRRED AGENE Lot: 12 Blak: Filing:
PATRIIX MILLER h NOTO K (MILLER, KOTE Ca PM1ysIWI Address: 12 ST FINN MR FARM ROAD
CAR WNDALE, W81623
PATRIIX MILLER h NOTO K (SRTILR, JOHN)
HE 1I4 SW 1I4 Section 31 TO6'neMp 7.0 S Range 87.0 W Sixth P.M.
UTM CDORDIHITES lMeten_ IDne`13_ X1D831
GStMg: 314419.3 Northing: 4363530.5
PERMIT TO CONSTRUCT A NEW WELL
ISSUANCE OF THIS PEPMR DOES NOT CONFER AWATER RIGHT
CONDIddi OF APPROVAL
1) ThG sort star M upon In such a way as base no national lS ury to existing water rights. The issuance of Nr5 pem8 Had;not
assure the applicant that no Infory ME rcnlr an mother vested water right or precWM another paper of a vem dwater rigs
fmmseeking relief in a chat mutt attb .
2) The cmptructon of Ross weLL da I M in resptlmce was the Water Wet CMpwttbh Ru too n CCR 4M 2, on lap appma l of
variance has seen g rnid N Roe Sthle bt M ofExaminers of WaRr WHICdpWttim add Puns, lrsts atbh CMt2Mrsin
aor6tnce Mm Rule 18.
3) Appmvi pursuant WCP53)9D13]R)on me condition that Ross vreLLrs rurald than altematepord of Aversion to lie
BaaUCmNrt(if applicable pe-decs) and M accordance wlm pre or more of Roeaugm matron plans sponsored sy the DN. 5
Waterfront for me Basalt WalerCmpervancy District in Case Ni 87CNO155, 93CW0319, 90CWO]26/90CWO]h9, 01CNO305, h
mCWOJn(and Ease No. laV.PoI]if in Area A 3 andactll Han dxree), oroperating pursuant to an approved huMrwN
rhiapply plan. If this well is compromised in accordance with me terns of sant decreeb) or S)i It wall he subject tipsusjasrmMincludingordersanceasedivertingwater. TM1ih well 6 known ai Sinnott sai 1 ant 12 (WDID 381 BWCO
contract x32a.
q TM1e me of grand water than Offs well is umla m oMFary,Household purposes inside twa (2)single family shad , me
imgation of not mom man 0,301 square fret of Fr m garden:and lawns, and the watering of four (4)diamond animals.
5) The maximum Pumping rate of this sort shall not eateM 15 GPM.
6) The average annual MRodraxal of grand water fmm this well Rt hunter Weir t ant 12) door not act 1.32 word fact
END, 122 Plans). AhGtionally, me mnbrn Hannual amount of grand water an he ygrcprtalHoy Ross well Rt EnnWr NNLL t
ant 12)and St LaMar Weir 1, mtha 111 add 13 fiaU not exceM 16. 13 acmdret.
IS The return flow from me use of this veep most M through differ a central treatment symen, a helped lank and leach field
syme n, or an evaporative sytem, whichever deer not eateM me avant specified in me Bratmntrxt
B) The owner proof mark me well in a mnspal place wM sort permit conMr(s), name of me aqurfer, aid court case mmMr
p) as appnsprtale. The women shall have na-aury,means and precautions as preserve Roche madMg.
9) IwalMng flow miner most M installed an this sort add mainaieM in grad daMHng siren. Permanent records of art aversbs
most he command!N me sort owner responded at lean annually) and wMnned to the mason Engineer upon rpest.
10) Thss sort shall M conswca not more man 201 fret foods me location sparfiM an Has permit add not more man ADD fret
fonds me Iodation decreed!for St FinnWr Well1 ant 12, in case no. 01CW03M Miami location is 31 W fret foods me Noth
second line and 1850 feet than me War section line).
Show! Doti For common;down loco PA^01 c91303.Plb.J5ml or gmMholldw.cHordm.gw sm, I W3
WELL PER68T NUMBER 86157-F RECEIPT NUMBER IM15957
11) ADVANCE NOTICE R MDIR ED Pursuant mCmsWttM Fule6.3.3.1 RCCR 4022), licmM or pnvMe Enlle's add pxlry
stakris mostProNdPadrenre naiflmttn my 11:W qn Ne6aY Ixiorel mNe Seale Fnglnazr Pmr m eT of Nefokorms
Mr m s vrelL t e start of vreLLcroswttM, Ne MtNlimtallntm of t0e first permanent qmP, am the nitialimtallntrn of a
rotors mmectN mNewmer vreLLsuPpIY SYstan. my change in the date of mnstructvm/mstallntim must Lere mtY HPha
o the attMtY IN 11:59 qn Ne day hefael. nfamatim def eMing the nourished process and Unk mNeelmrmic
notification form cars M foundm the INASM of Water Resalrm vreMlte at me.mlorach.gav
NOTE: Expired permit nos. SM16 F, 4II2 F and 5M30-F, vrereprevnusly mu dforNk bt.
NOTE: Parrel Identification NumM (PIN): 23 2391 313 DOE?
NOTE: Assessor Tax Schedule NulrLer: Al0]1RT
Date limed:101121M21
k 9y DynessI wim IITCCXEAD
Exgratlan Date: 10112120R
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