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HomeMy WebLinkAbout1.0 Application• • October 5, 1981 Garfield County Commissioners Glenwood Springs, Colorado 81601 Gentlemen: Per your request, we, Sillivan Brothers Partnership, state that the preliminary plat that has been submitted to your office for final plat approval is and will be the same as the final plat. No changes are contemplated. Cordially, Don illivan 108 Capitol Avenue Carbondale, Colorado 81623 i • COVENANTS AND RESTRICTIONS FOR THE CASA DEL MONTE SUBDIVISION GLENWOOD SPRINGS, COLORADO 1. No mobile home, whether temporary or permanent, shall be allowed to be placed upon the property, except for a period of nine months during construction. 2. No livestock, including the raising of poultry or any kind, shall be allowed upon any lot. 3. Dogs shall be kennelled while unattended and shall not be allowed to run at large. No more than two dogs per lot shall be allowed. 4. No maintenance of vehicles is to occur upon the property. No inoperable vehicles shall be stored on premises. 5. All trucks, vans, or any automobile owned and operated by a lot owner shall be parked on his or her lot. No street parking other than visitors to be allowed. 6. The subdivider, Don Sillivan, or Herbert Sillivan shall retain architectural control of any residence to be constructed upon any lot. Plans must be reviewed by either or both Don Sillivan or Herbert Sillivan. 7. No commercial business or venture shall be allowed upon the property. No signs advertising a business or offering services shall be allowed upon any lot other than advertisement for lot or residence sale. 8. Single family residences only. 9. All dwellings to be completed within one year from date of start of construction. 10. All storage tanks for water, oil, gas or petroleum products shall be buried below ground, or screened or fenced from public view. 11. Upkeep of improvements: All buildings and other structures or improvements upon said property shall, at all times, be maintained in good condition and repair and properly painted. 12. Nuisances prohibited: No rubbish, debris, objects or material of any kind shall be placed or permitted to accumulate upon any portion of said property which render it unsanitary, unsightly, offensive or detrimental to any property in the vicinity thereof or to the occupants in such vicinity. • • 1 13. All of the covenants, restrictions and conditions set forth in this agreement shall continue and remain in full force and effect at all times against said property and the owners and occupants thereof until December 31, 1991, upon which date the same shall terminate. 14. Modification of restrictions: Modification or termination of the covenants or any restriction set forth in this agreement may be made as to said property or any portion thereof by written instrument, duly executed by the parties - and the then owners of record of all of the land then covered by this agreement; provided that any such modification or termination which does not apply to all the property covered hereby shall not apply to any parcel of land unless the then owner or owners of record of such parcel consent thereto by writing, duly executed and recorded. "Owners of record" as the term is used in this agreement shall not include any party whose sole interest is that of a lender, beneficiary, or mortgagee under any recorded mortgage or deed of trust. 15. Each grantee, owner, lessee or occupant of any lot or parcel included within said property shall accept such tract or parcel of land and the possession thereof subject to the limitations stated in this agreement. In the event the agreement is placed on record, each of said limitations shall run with the land and shall be binding upon and pass with each and every tract or parcel of land on said property covered hereby. 16. Waiver Clause: The failure of the parties or any owner of any lot or tract of land covered hereby or any other person or entity to enforce any of the limitations to which said property or any part thereof is subject shall, in no way, be deemed a waiver of the right to do so thereafter or to enforce any. limitation. 17. Enforcement shall be by proceedings at law or in equity against any person or persons, firm or corporation violating or attempting to violate any covenants, either to restrain the violation or to recover damages. DONALD G. SILLIVAN STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 13th day of October, 1981, by DONALD G. SILLIVAN. Witness .my han \ nd official seal. -.l:( NOTARY PUBLIC My Commission Expires July 5, 1983. 1512 Grand Ave. Glenwood Spriir,gs, CO. 81601 CONSTRUCTION COSTS FOR CASA DEL MONTE Cost of Material - Dodson Engineering Cost of Installation Cost of Pumphouse and System Cost of Transformers (Glenwood Springs) Cost of Engineering. Cost of Trenching for Gas Line Cost of Electrical Cost of Chip and Seal TOTAL COST ESTIMATES $19,624.00 37,500.00 6,000.00 5,391.65 2,500.00 2,500.00 3,000.00 3,000.00 $79,515.65 • 1 CONSTRUCTION COSTS FOR CASA DEL MONTE Cost of Material - Dodson Engineering Cost of Installation Cost of Pumphouse and System Cost of Transformers (Glenwood Springs) Cost of Engineering Cost of Trenching for Gas Line Cost of Electrical Cost of Chip and Seal TOTAL COST ESTIMATES $19,624.00 37,500.00 6,000.00 5,391.65 2,500.00 2,500.00 3,000.00 3,000.00 $79,515.65 • • October 5, 1981 Garfield County Commissioners Glenwood Springs, Colorado 81601 RE: SUBDIVISION IMPROVEMENTS AGREEMENT Gentlemen: The utilities and road construction are to be constructed as soon as final plat has been approved by Garfield County. The cost of completion is estimated to be $55,900.00. The Sillivan Brothers Partnership, owners of the Casa Del Monte Subdivision, agrees to collateralize Lots 4 and 5 of this subdivision to assure that the improvements will be installed. The cost estimate to install the water line and complete the street is $37,000.00. The city electrical installation is $7,200.00. Engineering cost Pump house & labor cost Miscellaneous cost $ 2,500.00 7,500.00 1,700.00 $55,900.00 Cordially, Don Sillivan 108 Capitol Avenue Carbondale, Colorado 81623 THE UNITED STATES OF A ( 7ertiticate No.. .•-n• Irlo del I* Wawa mow itOOINAto sloth maw 4411111MINC4 ._,..v e A.: ..' .. , r ti: c. c 4.4161Ls!..„ tiLt :e , 1 f * i ha d deposited ...10 tke General land offlee ef see Undid &aka a Certhessaie * the fittitier c(ziez4- -:1‘4!`ti.rsti,........---Ittittitibp it appears kat MS xtromoot has hot according to 14.sorsaisimis of Om of Omsteme of ths 94th of -Ora. 1810, segitiest "iiit dot saki 7 ideion for the ads q' 44. 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Mosegoi ofigi;11 kowdroki mod 11,1041-1 sati of Ike Andensasisas • W the flake M. wig kradred dusit-44-1-44 .40-1 re Retxmied. Med for Resent TIS P.SZBIDZArIaelsgyn.- • _. 4 *..44,.‘14,,,,,Z / _ liorenier like isrer.ed Land Offer deg e ,-.'(s •3 American Land Title Association Commitment -Ml'fied 10/73 COMMITMENT FOR TITLE INSURANCE ISSUED BY S T EWART TITLE GUARANTY COMPANY STEUVART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." STEWART TITLE GUARANTY COMPANY Chairman of the Board Serial No, CC President 0 7312 406000 RLH/ km • Order Number: 6536 SCHEDULE A 1. Effective date: AUGUST 15,1979 AT 8:00 O'CLOCK A.M. 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: FRANK PHELPS and DON SILLIVAN B. ALTA Loan Policy Proposed Insured: VERNON M. THIESING c. Commitment Number: Amount of Insurance $ 150,000.00 $ 115,000.00 TAX CERTIFICATE $ 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: VERNON MARION THIESING aka VERNON M. THIESING 4. The land referred to in this commitment is described as follows: All that portion of the NE4SW4 Section 2, Township 6 South, Range 89 West of the Sixth P.M., situate, lying, and being south of the right of way of the State Highway, the location of which highway is described in that certain deed filed as Document No. 125342 and recorded in Book 181 at page 17 and as shown on the map of said highway on file as Document No. 126130 in the office of the County Clerk and Recorder of Garfield County, Colorado, and West of the property heretofore conveyed by Blanche C. Brown to Clara H. Ragland by deed recorded as Document No. 139228 and recorded in Book 199 at page 172 in the office of the County Clerk and Recorder of Garfield County, Colorado. COUNTY OF GARFIELD STATE OF COLORADO Authorized Countersignature 1652 Page 2 4TEWAR'1` TITLE GUARANTY COMPANY Premium $774.50 20.00 5.00 $799.50 1653 Order Number: 6536 • • SCHEDULE B — Section 1 Requirements Commitment Number: The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record , to -wit: 1. Deed from Vernon Marion Thiesing a/k/a Vernon M. Thiesing to Frank Phelps and Don Sillivan. The legal address of the grantees must be inserted on the face of said deed, preferably in the body of said instrument. If the address does not appear, the Clerk and Recorder is required to deny the recording of said document. 2. Deed of Trust from Frank Phelps and Don Sillivan to the Public Trustee of Garfield County for the use of Vernon M. Thiesing to secure $115,000.00. Page3 STEWART TITLE GUARANTY COMPAN•1 • • SCHEDULE B — Section 2 Exceptions Order Number: 6536 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: Commitment Number: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes and assessments. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinance) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on said land, or pro- hibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. 8. The effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Right of the proprietor of a vein or lode to extract and remove his ore there- from, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded December 4, 1921, in Book 4*6 at page: PA. yzi 10. That portion, if any, of subject property lying within property conveyed to the Glenwood Springs and Trappers Lake Toll Road Co. by deed recorded February 2, 1889 in Book 1 at page 509. 11. Right of way for Brown and Monroe Ditch and enlargement thereof, as shown on Map and Statement recorded January 16, 1893 and March 14, 1898 insofar as the same may affect subject property. 12. Right of way for the uninterrupted flow of the Colorado River. 13. Lack of access from an open public road to that portion of the subject property lying south of the Colorado River. Exceptions numbered are hereby omitted. 1654 Page4 STEWART TITLE GUARANTY COMPANY ,0. K ,.Doc.j 139228 k Bl incl t C. i r a '_`s.RI� TY DrBD _ 411 To Dated Yay 10,1938 Ackno,tled ©d I`:17 16,1938 before Clara 1..2arland Lurous J.r"ayea,idotury Iublio, Garfield Countv,Colo. Cohsid©ration t10.o0 Conveys a tract of lurid lying and adjoining the Dust line of the land owned by C.LaVer.ri � illiars, situate in the IThi3Wi of Section E,Tp.6 3.it.89;;.3th .i .B,'.., and being that portion lying South and adjoining X U.S.iligl way I;o.24, 124 foot in width East and Vest and extending; Ebor, the South, or southerly side of said right of wb , to tie 3outh line of said NEtSVi , aforesaid soction,contninin approxir ately two acres, touthor with all ditch and ditch ri71 is used in connection therewith and a sufficient water right from the Brown and Lonroe ditch to irrir att said lands at the ratio of one cubic foot of water per second of time to 50 acres. Filed for record April 10,194(; at 10:40 o'clock ha:. and recorded in Book 199 at page 172 tJ t;rnot. o. 3-S Blanche C. Brown oc.#125342 To The Board of County Coiwiissionern and their successors in the office of Garfield County, Colorado aUIT CLAIM DEED Dated August 4, •1936 Acknowledged September 21, 1936 before Charles S. Keegan, Notary Public, Garfield County, Colo. Consideration 0100.00 Conveys: All that part of the NE* of the S1'!1 of • pec. 2, Tp. 6 ,:>., '. 89 '.., 6th P.r. that is contained within the boundaries of the right-of-way of Federal Aid Project ject No. 210 J riore particularly dc: crsibed as follow: Zeginninc a }t the intersection of the south richt-of-:ra,, lino of the Highway and the north and south 1/l. line of Sec„ 2, whence the N.E."corner of the of Sec. 2 bears N. : ('551 a distance of 574.9 feet, and center line station 133 70.3 of the Highway bears N. 00°55' E. a distance of 40.7 ;helico a1on; said richt-of-way line S. 30°21' W. for 340.0 feet to the nor i property line of C. L. and G. H. Viillians, thence a o said property line S. 88°23' for 70.0 feet to the N. W. corner o!' the C. L. & G. M. property; thence along the west property line of the C. L. "c G. 11. Williaris property S. 1°32' 2. for 10.0 feet, to the south right -of -}at line of the hichwa,,r; thence alone said right-of-way line 80°21' 3. for 34.3 feet; thence S. 50°21' W. for 20.0 feet; thence S. 30°21' W. for 731.8 feet; thence on a curve to the ri ht, with a radius of 623.0 feet, for 49. feet, to the west 1/16 line of Sec. 2; thence aloin ; said 1/16 line, h. 1°07' L. for 101.5 feet, to the north right-of-way line of the highway; thence al ons, said right- of--:ey line, from a tangent bear3n H. 83°43' L. on a curve to the left, with a radius of 523.0 .feet, for 30.5 feet; thence 21. 30°21' E. for 731.8 feet; thence S. 69°30' E. for 20.0 feet; thence N: 80021' E. for 316.5 feet to the west property line of I. E. and Nellie M. Pratt; thence along said property line, S. 00°55t W. for *0.7 feet; thence S. 89°05' L. for 141.6' feet, to the North and South 1/4 line of Sec. 2; thence along said 1/4 line S. 00°55' :nor 14.6 feet to the pointy of beginning. Said right-of- ,eay contains 2.:.40 acres, of which 1.600 aures aro contained in the ri$;h;:-of-ray of the present road, leaving a total of 0.81.8 acres of neultivuted land to be acquired by this deed. All as the :al -x) is s'eown on the Colorado State Highway Dep etment right- -0 of -a7 Map No. 2of i'edoral Aid Project to. 135y 13, on filo in the office of ',Le Cou:1Ly Clerk and Recorder of Barfield County, Colo' do, end in t:ic o flee of the Colorado State Highway Department. or record October 7, 1936 at 10:44 o'clock A.M., and recorded in book 131 at paee 17 thereof. .4 S T E \% R l' I T I E GUARANTY COMPANY A NAME RECOGNIZED NATIONALLY FOR MORE THAN 75 YEARS AS BEING SYNONYMOUS WITH v 0 Otjt j�. S T E WA R T TITLE GUARANTY COMPANY P. 0. Box 2029 Houston, T2s 77001 CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any Toss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. STEWART TITLE GUARANTY COMPANY Page 5