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HomeMy WebLinkAbout1.0 Application.pdf\ \ APPLICATION Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT J 09 Eighth Street, Suite 303 Glenwood Springs, CO 81601 T e leph one : 970-945-8212 Facsimile: 970-384-3470 'RetE \v Eo Nov 1 s 2no1 Submittal Date: __ 1.._/_-_/~y_-_0_1 _______ Base Fee: _$~4_0_0_._00 ______ _ Applicant: __ __.::._.)f)~S.~e,.,_.P~h_V~·-/j_f_r_/_P_11~p-----,-,--.r-r°'r"'~....----- v ~ / rtl!WOr1 a Aft 01. 11r;i: Address of Applicant: If ?9 ITP5e £.-q '11!' Telephone: l ~/_&t;--t?S Z! Special Use Being Requested: --L/t_,__,,/}....._ .... W_,__ __________________ _ Zone District: ---=-Jf-+-"t._,__.f1~0~------Size of Property: __ ,,_fi ... 'ao<'--_..A...._(,....c~e..._r ___ _ Application Requirements: These items must be submitted with the application 1.) Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis , and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2.) If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 3.) A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (I) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4 .) A vicinity map , showing slope of your property, for which a U.S.G .S. I :24,000 scale quadrangle map will suffice. 5.) A copy of the appropriate portion of a Garfield C ounty Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses . 6 .) Attach a copy of the deed and a legal description of the property . If you are acting as an agent for the property owner, you mu st attach an acknowledge ment from the property owner that you may act in his/her behalf. 7.) For all applications pertaining to airports, the oil and gas industry , power generation and/or transmi ss ion industry, or any other c la ss ified indu strial operation, you must submit an impact statement consistent with the requirements of Sections 5 .03, paragraphs l thru 3; 5 .03 .07, inclu sive; and 5.03.08, inclusive. The con sideration of this propo sed Special Use will require at least one (l) public hearing for which public notice must be provided . The Planning Department will mail you information concerning this hearing(s), approximately 30 day s prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail , all adjacent landowners and publish the no tic e-provided by the Planning D epartment, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publicati on mu st be submitted at the time of public hearing. :***Ple ase s sul:mi t tal. a plication is co mplete and correct, to the best of my knowledge: 3 ) <:Xl'-1PIEI'E s ets of a pplication & s upporting information. at diti al copie s will be n e cess ary when a pplicatico goes t o the Board 'ssi one r s and/or Planning CaTITli ssi on. Proposal for Accessory Dwelling Unit Joseph J Bertone and Melba L. McGee Parcel D Heather Lane Christeleit Subdivision Glenwood Springs, CO The plans and specifications for the proposed Accessory Dwelling Unit are attached. The unit is a guest apartment on the second floor of an unattached garage. Items l and 2: NA Item 3 -6: Attached Item 7: Adherence to 5 .03 .21 Requirement (I) Lot size greater than 4 acres. (2) Gross floor space less than 1500 SF. (3) Approval from subdivision homeowners (4) Proof oflegally adequate water source (5) Adequate sewage (6) All construction complies with building codes A.95-076 5,03 Adherence The lot size is l 0 acres. Dwelling size is approximately 650 SF Attached Attached Sewage for house and ADU will be designed, engineered, and constructed within specified regulations and tolerance All construction complies with building codes A.95-076 STATE OF COLORADO OMSION OF WATER RESOURCES Wl\TER DIVISION S Office of the SlaLG Engineer Department of NnttJr(lf Resources P.O. Box 396 (50633 U.S. Hwy 6 & 241 Glenwood Springs, CO 81601 Pho11e (970) 945-S&Gs FAX (970) 945-8741 lcall fotl http://Watcr.slilt~.eo.us/default.htm Ms. Kim Schlagel Garfield County Planning (970) 384-3470 (FAX) Dear Ms. Schlagel: December 11, 2001 Hill~n,, Co~rnor Cree; E. W.tlch~r Executive Director H:tl O. Slrtlj)!:l)t1, P.E, S1a1~ Englnee-r Alan C Martellaro Divi~ion Ent;iricer This letter is to verify the status of a well permit for the Christelite Subdivision in Garfield County. The permit no. 53669-F is considered to be valid by our office. It is an expansion of use of an existing permit pursuant to a contract with the Basalt Water Conservancy District. The well has been constructed and an updated Statement of Beneficial Use has been received. Please contact our office in Glenwood Springs should you need any additional inforrnation. Sincerely, Steve A. Pope Well Commissioner Division of Water Resources 0£8·~ ZOO/ZOO'd ZO!·! 1118916016 S3ll3!VM9AI0-!'10~~ 80=1l IOOZ•ll·J30 RE: Attached Dwelling Unit (ADU) sewage for Lot D Heather Lane, Glenwood Springs, co. To: Garfield County Planning and Zoning: This is a NEW construction of a house and ADU above a garage. The house is not completed. The newly constructed leach field is adequate for the ADU and house as stipulated by county inspection . The permit for the new construction home requested a leach field si z e adequate for 4 bedrooms with 4 baths. The main house has 3 bedrooms and 2.5 baths and the ADU has 1 bath and 1 bedroom. The county as sessed soil and percolation. The size of the leach field was defined by the county and designated to be adequate for the intended purpose. The permit has been accepted for all o f the plans indicated, house and ADU, up to the addition of a kitchen. Sincerely, Joseph J Bertone GENERAL !Nfvr<f'IATION REAL PROPERTY TRANSFER (TD-1000) ~LARATION PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for alt property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). REQUIREMENTS: All conveyance docL1111nta (deeds) subject to the documentary fee submitted to tha county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the granter (seller) or grantee (buyer). Refer to 39·14·102(1)(1), C.R.s. PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thiny days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the 3D days of notice, the assessor may impose a penalty of $25.00 or .025p (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sotd. Refer to 39·14·102(1)(b), C.R. S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5·121.5, C.R.S. and 39·13·102(5)(c), C.R.S. 11•~.;,,°"'~~~~.,;~~~.,;~~~~~~~.,;~~~~~~~~~~.,;~~~~~~~~~~~~~~~~~~~,,,,-~'~'""""~I 1. Address and/or Legal description of thereat property sold: (Please do not use P.O. box numbers) PARCEL D 2. CHRISTELEIT SUBDIVISION AS AMENDED ,I}:pe of property purchased: 0 Single Family Residential D Townhome D U Conmercia( 0 Industrial D Agricultural D Mixed Use 00 condominit.m Vacant Land 0 Multi-Unit Res 0 Other ----- 3. Date of closing: March 13 2001 4. Total Sales Price: including all real and personal property. -c'c'•'-'=''"'"""'"'-------- S. h'as any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire ~rchase price will be assumed to be for the real property as per 39-13·102, C.R.s. LJ Yes 1:81 No If yes, approximate value $ Describe _______________ _ 6. 7. 8. 9. Did the total sale price include a trade or exchange of additional real or imate value of the goods or services as of the date of ctosing. 0 Yes ~ No If yes, value$ If yes, does this transaction involve-,-,",-,~,c,-,-n-d"•c,-I"R~S Code Section 1031? personal property? If yes, give the approx- D Yes 'Was 100% 00 Yes interest in the real property purchased? Mark "no" if only a partial interest is being p.irchased. 0 No If no, interest purchased------ Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include ,e:rsons wi t'1.!!!fae same family, business affiliates, or affiliated corporations. LJ Yes !)!:{ No Check any of the following that apply to the condition of the im,erovements at the time of purchase. 0 New 0 Excellent D Good D Average 0 Fair LJ Poor 0 Salvage, lf the property is financed, please complete the following, 10. 11. 12. Total amount financed. $ 104 000.00 ~pe of financing: (Check all that apply) New D Assumed D Seller D Third Party Combination; Explain-------------------------------------- Terms: 0_ Variable; Starting interes.t rate------Eif" Fixed; Interest rate _q~·c•~..,,=.,.. Length of time Ot1 r years Balloon payment 0 Yes 0 No; Amount -------Due Date ----------- 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. I ~,,~,_..,,,,,,~~"l<'ili, For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) pt ease complete questions 14-16 if appl icabte. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? D Yes [] No If yes, .franchise or license fee value? s __________ _ 15. Did the.purchase price involve an installment land contract? D Yes 00 No If yes, ·date of contract------------ 16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? fJ!es D No Remarks: Please include any additional information concerning the sale you may feel is important. Mai { ing Address 0 JOSEPH J. BERTONE AND MELBA l. MCGEE Daytime Phone _7~Z~?'~-~Z~tl~¥_-~tl~f~7~! ___ _ Form RPT G\.1235420 GIJ235420 ' ' ,, ' ' I /Form Mo. GWS-25 APPLICANT ) OFFICE OF THE c \TE ENGINEER COLORADO DIV,_1.JN OF WATER RESOURCE, 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 666-3561 WELL PERMIT NUMBER __ 0_5_3_6_6_9 __ DIV. 5 WD38 DES. BASIN MD Lot: B Block: Filing: Subdiv: CHRISTELEIT F APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NW 1/4 Section 30 426 CHRISTELEIT HOMEOWNERS ASSOCIATION 0142 HEATHER LANE Township 6 S Range 88 W Sixth P.M. GLENWOOD SPRINGS, CO 81601- (970) 945-2231 CHANGE/EXPANSION OF USE OF AN EXISTING WELL DISTANCES FROM SECTION LINES 4300 Ft. from South 3100 Ft. from East Section Line Section Line 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 expansion of use of an existing well, permit no. 42574-F (canceled), 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 #127 and 205. 4) The use of ground water from this well is limited to ordinary household purposes inside 24 single family dwellings, the irrigation of not more than 34,000 square feet (0.78 of an acre) of home gardens and lawns .. and tlie watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 25 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 7.8 acre-feet. 7) 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. 8) This well shall be located not more than 200 feet from the location specified on this permit and not less than 600 feet from any existing well not owned by the applicant (Excluding the Eagle's Nest Subdivision well -waiver submitted). 9) 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.Ji) 't-d-8_ )vi~ APPROVED JD2 Recei t No. 0458998 Stale Engineer DATE ISSUED By EXPIRATION DATE 28 20 1 1·· I ORDER OF THE STATE ENGINEER IN THE MATTER OF WELL PERMIT NO. 42574-F LOCATION: NE 1/4, NW 1/4, SECTION 30, TOWNSHIP 6 NORTH, RANGE 88 WEST APPLICANT: CHRISTE LE IT HOMEOWNERS ASSOCIATION THE STATE ENGINEER FINDS: The well permit was issued on July 23, 1993. A well completion report was submitted on December 4, 1991 indicating the well was constructed on October 22, 1991. A Statement of Beneficial Use was submitted on July 22, 1994 indicating the well was put to use on February 3, 1994 for a single family dwelling, 4,000 square feet of lawn and garden irrigation, and the watering of domestic animals. On March 13, 2000, the applicant submitted evidence as to why the existing permit should be canceled. The evidence submitted is as follows: An application to change/expand the use of permit no. 42574-F. The well permit is hereby canceled and is of no further force or effect. Dated this 28th day of April 2000. Prepared by: JD cc: Division 6 Applicant 42574Fcp.doc/Form #0580(B) By: Hal D. Simpson State Engineer 1111111111111111111111111111111111111111111111111a, ,~11 577522 03/14/2001 02,34p 81237 P501 M RLSDORF 1 of 1 R 5.00 D 13.30 GARFIELD COUNTY CO Filed for record the ___ day of ______ ,A.D. ___ , at o'clock __ M. RECORDER. Reception !-lo. -----Sy ----------,~EP-u·n. WARRANTY DEED THIS DEED ' Made on this day of '"'-.i'"'i<"c'o"<\ii3+· ~2;D;Dcl ---------ben1een RICHARD K. FLYNN AND JANE M. FLYNN I ! of the county of GARFIELD and State of Co!orndo , the Grantor(s), and \I !0sEPH J 1~t.RTONE . .i..N!:l MEL8A L. MC,,;;o"E"E"-',""A"s-J~O"l'!~~I ~1rtNANTS ~==~---- lj 2508 Higl. _1 133, Carbon~ale, CO 81623 whose legal address is -=~l!k/~~~1f'J~fj_~~!ll:~~:'.t;l~~t\!c;;;--;iw:151>:J~I££:1~~th~Gc.;;;t;;;;(;'C------ot the --------~--County of "ar ·1e and State of o ora o, the Grantee(s); \VITNESS, That the Grantor(s), for and in consideration of the sum of ( ***On~ Hundred Thirty Five Thousand and 00/100 *** $135.000.00 DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of GARFIELD and State of Colorado, described as fol lows: PARCEL D CHRISTELEIT SUBDIVISION, AS AMENDED COUNTY OF GARFIELD STATE OF COLORADO also known as street number TBD HEATHER LANE .. GLENWOOD SPRINGS. CO 81601 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appenaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargainea premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with apPurtenances, unto the Grantee(s), his heirs and assigns forever, The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authorlty to grant, bargain, sell anci convey the samE! in manner ana form as aforE!said, anci thac the same are tree and clear from all formE!r anCI otner grants, bargains, sales, liens, taxE!s, assE!ssments, encumbrances and restrictions of whatever kind or nature soevE!r, SUBJECT TO GENERAL TAXES FOR THE YEAR 200l; AND EASEMENTS. RESERVATIONS. RESTRICTIONS. COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; AND DISTRIBUTION UTILITY EASEMENTS: AND MATIERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF \\'HJCH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT: AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS. IF ANY. ThE! Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and pE!aceable possession of thE! GrantE!E!(s), his heirs and assigns, against all and every person or persons lawfully claiming the wt.Jle or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicablE! to all gE!nders. IN \VITNESS \VHEREOF the Grantor(s) has E!Xecuted this deE!d on thE! date set forth above, STATE OF Colnrndn 7/11.FLYNN )ss. ------County of GARFIELD ) The forE!going instrument was acknowledged beforE! me on this day of ~'"'"""""h"l"J0."2"0"0"! __________ _ by RICHARD K. FLYNN AND JANE M _ FLYNN Name and Address of Escrow# Title# GW235420 GW235420 When Recorded Return to: PRUDENTIAL TOWN & COUNTRY REALTY 0326 HIGHWAY 133 #200 932 Rev 4-94. WARRANTY DEED (Photographic Record W01) CARBONDALE CO 81623 JAN-31-2001 WED 10:27 AM PPlf~ENTIAL TOWN & COUNTR FAX NO. 97 "q639796 DECLARATION OF FROTEC'I'!\l'E'COVENANTS -FOR CHRISTELeIT sueDI\l'ISION WHERBAS, PETER J, CHRISTELEIT and LINDA L. CHRISTELEIT CDeclarantsl are the owners of the real property described in Exhibit "A" attached her~to and incorporated herein by this reference, which property is situated in the Spring Valley area, Garfield County, State of colora4o, described as the Christeleit subdivision, as the same appears ~ft the Final Plat filed for record on , 1992, in the .office of the Clerk and Recorder, Garfield county, Colorado; and WHEREAS, oeclarants, b<aing desiroU9 of protecting property values and protecting the health, conveni9nce and welfare of the owners of the lots in the Subdivision do hereby make, establish, publish, declare and impose the following restrictive and protective covenants, conditions, uses, limitations and obligations; and which covenants shall apply to all persons who now own or may hereafter acquire an interest in any portion of the Subdivision and all of which covenants shall be deemed to run with the title of the land and inure to the benefit of and be binding upon the Owner and the owner's successors in interest in title to tbe Subdivision or any portion thereof, so long as these restrictive and protective covenants shall remain in force. 1.0 DEFINITIONS. ns used in these Protective covenants, the following words and terms shall have the following meanings: 1.1 Subdivision shall mean Christeleit Subdivision, l.2 HOA shall mean Christeleit Subdivision Homeowners' i\'$Sociation. 1. 3 ACC shall mean the Arehitectural Control Committee for the Subdivision. 1.4 Lot shall mean any lot, tract or parcel oflland in the Subdivision . 1.5 1. 6 . single Family Dwelling shall mean a residential dwelling unit designed. for oceupancy by one family, Q*ner shall mean the record owner of a lot or unit in t e subdivision whether one or more persons or entities but ~xcluding those having such intereQt merely as security for the performance of an obligation. 2. 0 HOMF.:OiolNERS 1 ASSOCIA'l'ION. 2.1. ~~o~iffi' ~ss~cii.1_io~. Any a~d all owners oE lots in the $ubd1v1siQ11 upon a~cepting a deed for that property agree to -l.- P. 01 '· JAN-31-2001 WED 10:27 AM PRIJDENTIAL TOWN & COUNTR FAX NO, 8 7 ~9639796 and shall be a membci; oE, and be subject to, the obligations and duly enacted bylaws anj rules of the Christeleit Homeowners' Association. Voting in the ~ssociation shall be on the basis of one lot, one vote. The purposes for which this corporation shall be organized are as follows: A. To perform such architectural control, review and planning duties and to enforce protective covenants, limitations and restrictions governing the use and occupancy of lands, and the construction and alteration of structures and improvements upon the land, B. To establish, maintain and enforce all necessary and reasonable rules and regulations concerning the use of all land and interest in land or property and property rights owned, managed, or held by the Association and memb~rs thereof. c. To charge and collect such fees as may be set by the Board of Directors for the use of facilities, properties owned or operated by the Association, and its cost, assessments, and fees will be made by the Association and payment of the same shall be mandatory by the property owners within the subdivision. Such assessment shall become a lien on the property to the extent not paid upon the recordation of a Notice of Delinquent Assessment duly signed by the President or Secretary of the Association. The Association shall have the right to recover its reasonable attorney's fees, court costs and any other collection costs, in any legal proceeding concerning delinquent assessments, or otherwise pertaining to violations of these covenants. D. To operate, maintain, provide and enforce the services, duties and obligations as set forth in this Declaration of Protective covenants for the subdivision. 2.2 !ndivi.dual Septic Systems. It will be the responsibility of the HOA to ensure proper maintenance of individual septic systems. The program shall include t~e annual inspection and pumping of a system as necessary. Any and all eKpenditure for pumping and maintenance of the septic system wiil be the sole responsibility of the owner. 2.3 Maintenance of Heather Lane. Road maintenance and repair of Heather Lane within the Subdivision and contiguous thereto, as well as snow removal, shall be the responsibility of the HOA in conjunction with the other owners of such access road. The payment of such up~eep shall be divided in a fair and equitnble ruanner by the owners of lots served by Heather Lane both within and outside of the Subdivision. -2- P, 02 JAN-31-2001 WED 10:28 AM PPllDENTIAL TOWN & COUNTR FAX NO. 97~9639796 2.4 Water Service. The HOA will be responsible for the Basalt Water conservancy District Water Allotment Contract dated May 30, 1990, for the benefit of the Subdivision and land adjacent thereto owned by Declarants. The Declarants shall transfer and assign their interest in and to said Basalc Water Con~ervancy District Wat~r ~llotment Contract and any well permits for land in the Subdivision owned by Declarants prior to the recording of the Final Plat for the subdivision. The HOA shall implement and provide for the use, maintenance and operation of the water wells including any replacement or substitute well or wells to be, located in the Subdivision for use on the lots in the subdivision and the contiguous 39.Sll acres more or less owned by Declarants with the cost thereof to be paid by the owner of each lot or parcel using said well or replacement well. The pumps and other improvements needed to operate each well shall be provided by and be the responsibility of the owner of each lot or parcel using said well. The HOA shall be responsible for any adjudication of said wells including any plan of augmentation thereof. 2.5 Water Storage Tank. No residence built on any lot in the Subdivision shall be occupied unless or until there is a 1500 gallon water tank constructed as an integral portion of the residence. 3.0 EASEMENTS AND RIGHTS-OF-WAY. 3,l Easements and Rights-of-Way for roads, driveways, electricity~ phone, lighting and any other kinds of public or quasi-public utility service are reserved as shown on the Final Plat for the Subdivision described above. No permanent barriers shall be erected or maintained on, across, or within the areas reserved for easements or rights-of-way, and access shall be provided as required. 3.2 Utility Lines. No new power lines, phone lines or television cable outside of the 60 foot access and utility easement shown on the Plat for the subdivision shall be permitted on any lot unless said lines are buried underground and out of sight from the transformer pole to the structure, at the owner's expense. 3.3 Reservations of Easements. '!'he Declarants hereby reserve unto themselves, their successors and assigns, perpetual easements for the drilling, construction, maintenance and operation of wells, waterlines, water storage tanks and pumping facilities for a domestic water system for the beneJ:it of the lots in the Subdivision and for the contiguous 39.511 access more or less owned by the Declarants. The easements hereby reserved shall be locat~d in the Easterly one half of each lot in the subdivision and shall not interfere with any existinJ residence or out building. '!'he· easemE<nts herE<in resei:-ved shall be to the detriment of each respective lot upon which these easements exist. -3- F. 03 JAN-31-2001 WED 10:28 AM PPllDENTIAL TOWN & COUNTR FAX NO. g7nq539795 4.0 M~INTEN~NCE O~ PROPERTY AND SIGNS. 4.1 The owner of each lot shall keep the same clear and free of rubbish and trash and shall keep the structures thereon in good repair, doi~g such maintenance as may be required for the property. 4.2 No noxious or oEfensive conduct or activity shall be carried on upon any lot or in any structure thereon which may constitute a health hazard, nuisance or annoyance to the neighborhood. 4.3 No trash, ashes or other refuse shall be thrown or dumped on any lot subject to these covenants. All trash and refuse must be removed from the lot and taken to a landfill or otherwise property disposed. Each owner shall provide suitable receptacles for temporary storage and collection of refuse and all such receptacles shall be screened from public view and protected from disturbance. Each lot, at all times, shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, commercial construction equipment, inoperable cars, lumber, or other building materials shall be permitted to remain exposed on any lot so as to be visible to any neighboring lot or road, except as is necessary during the period of construction. 4.4 No elevated tanks of any kind shall be erected, placed or permitted upon any lot. Any tank used in connection with any single family residence or other structure on any lot including tanks for storage of fuel or water, shall be buried. 4.5 The outside burning of trash, rubbish or other materials shall be absolutely prohibited. standard and approved outdoor fireplaces shall be allowed for the preparation of foodstuffs and heating only. 4.6 No sign or advertising device of any kind shall be placed on any lot, except a sign showing the owner's name and/or address and except a sign indicating that a lot is for sale or a residence for rent. 4.7 The owner of each lot shall control noxious weeds on their lot in accordance with the Garfield county standards for weed control. All areas disturbed in the construction of any buildings or other improvements on any lot shall be reseeded. 5.0 USE OF LOTS, Each lot owner shall comply with the Garfield County Subdivision Regulations and the Garfield county Zoning Re9ulations. These a£orementio~ed regulations shall 9overn the allowable use of the l.ot and designate any and all restrictions of the land, -4- P. 04 AMENDMENTS TO DECLARATION OF PROTECTIVE COVENANTS FOR CHRISTELEIT SUBDIVISION WHEREAS Peter J. Christeleit and Linda L. Christeleit as the owners of all of the parcels of the Chri:;teleit Subdivision, Garfield County, Colorado, executed a Decla::ation of Protective Covenants for the Christeleit Subdivision on May 18, 1992, which was recorded on September 18, 1992, in Book 842 at Page 30 as Reception No. 439142 and WHEREAS the undersigned, being all of the owners of the parcels of said Christeleit Subdivision, Garfield County, Colorado, do hereby desire to amend said Protective covenants THEREFORE the said Protective Covenants for Christeleit Subdivision, Garfield County, Colorado, are hereby amended as follows: 1. Section 2.4 is hereby amended by adding a new paragraph at the end of said section as follows: The HOA shall require each lot or parcel in the subdivision and the contiguous 39.511 acres more or less owned by the Declarants that use water from th" water wells to have a water meter to calculate the amount of water used by each lot or parcel and the HOA may allocate costs or charges for the water system to each lot or parcel based on the amount ct water used on each lot or parcel. 2. Section 4.4 is hereby amended to read as follows: No elevated tanks of any kind shall be erected, placed or permitted upon any lot. Any tank used in connection with any single family residence or other structure on any lot including tanks for storage of fuel or water shall be buried except that one propane tank per parcel may be above ground but it must be adequately screened by fence, shrubs or other vegetation so that the tank may not be seen from any of the adjoining property. 3. Section 8.1 is hereby amended to read as follows: No more than one ( 1) single family dwelling shall be erected upon any lot. A total of three ( 3) detached outbuildings used as non-dwelling garage, stable, barn, tool or storage shed or buildings necessary for the sheltering and keeping of animals are permitted if approved by the ACC. 4. All of the rest of said Protective Covenants for Christeleit Subdivision described above that have not been specifically changed or amended herein shall remain in full force and effect. Executed this day of February, 1994. --- OWNERS OF PARCEL A: D: .7 \ Paula J. Hayes \. / . -:Y "'1 . y ~,izt . < JtAuM1. William D. Hayes i1da L.""Christeleit OWNERS OF PARCEL C: OWNEFS OF PARCEL E: ~l:~ Richard K. Flynn The foregoing was acknowledged before me this February, 1994, by Paula J. Hayes and Willia~ D. Hayes. Witness my hand and official seal. My commission expires: STATE OF COLORADO } } SS. COUNTY OF GARFIELD } Not .1ry Public day of The foregoing was acknowledged before February, 1994, by Peter J. Christeleit and ~ r.:.e this ;I day of Linda L. Christeleit. Witness my hand and official seal. My commission expires: f-/.1-fj/' TINA M. CAYA Notary Public State of Colorado Pub'. ic STATE OF COLORADO } } SS. V COUNTY OF GARFIELD } The foregoing was acknowledged before me this I s-1-day of February, 1994, by Richard K. Flynn and Jane M. Flynn. Witness my hand and official seal. My commission expires: 5/z3/q7 STATE OF COLORADO } } ss. COUNTY OF GARFIELD } tary Public . ·.". ~;~_. ...... ,.. ••' ... ,, M<>.0c~he foregoing was acknowledged before me this -Z...C\+h. day of fi!elarl.rn.ry, 1994, by Cathy Schmitt and Jeffrey Tuttle. Witness my hand and official seal. My commission expires: G,\2!~\9lc CJ (/) IJ) .:: .... ~ -------. 2 ~ ' \ . 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