HomeMy WebLinkAbout1.0 ApplicationAPPLICATION
Applicant:
Address of Applicant:
Conditional Use Being Requested:
#HiiT,H*,,
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 91601Telephone:970-945-8212 - Facsimile:970_3g4-3470
Gz Base Fee: $400.00-8. Lr
reepnone:9/ *ZZ/(v
Zone District , L/ fZ/ZO size or
Application Requiremen,rr Th"""it"*= ,u"t b" "ubrit"d *ith th. uppli"ution
1') Plans and specifications for the proposed use including the hours of operation, the amount of vehiclesaccessing the site on a..daily,.weekly and/or mgnthly 6asis, and the size of any existing or proposedstructures that will.be utilized in conjunction with the proposed use. please submit this information innarrative form and be specific.2') lf you will be using water or will be treating wastewater in conjunction with the proposed use, pleasedetail the amount of water that would be-u-sed and the typ" o1 wastewater treatment. lf you will beutilizing well water, please attach a copy of the appropriate well p"r*it inJ inv'otn"r legal water supplyinformation' including a water allotment contract oi an approved water augmentation plan.3') A map drawn to scale..portraying your propefi, all structures on the property, and the county or stateroadways within one (1) mile of your property.. lf you are proposing a new or expanded access onto acounty or state roadway, submit a orivewby oi nighway .""L". permit.4') Avicinity map, showing slope of yourproperty, forwhich a u.s.c.s. 1:24,0a0 scate quadrangte mapwiilsuffice.
5') .A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and privatelandowners adjacent to your property. lnclude a list of uit propurty owners and their addresses.6') Attach a copy of the deed and'a legal description oi tr"-piop"rty lf you are acting as an agent for theproperty owner' you must attach an acknowledgement #om tnl property o*n"r that you may act inhis/her behalf.
7 ') You must submit an impact statement consistent with the requirements of sections 5.03, paragraphs 1thru 3' (on industrialtype use applications sections 5.03.07 ano s.og.oa will be necessary to address).The consideration of this proposed speiial Use will require ai leastone (1) public hearing forwhich public noticemust be provided' The Planning Department will mail you inioimation ctriceini.g ihL hearing(s), approximatety45 days prior to the scheduled hearing. You.will lfren be reluireq to notify, by certified return receipt mail, to allowners of record as shown in the Aslessor's office of tots'witnin 2oo' ;i iti" .uli""t lot and to all owners ofmineral interest in the.su!.i99t prgperty and publish the notice provided by the planning Department, in anewspaper of general circulation' Both these notices must be mailed/published at least 30 but not more than 60days prior to the public hearing. The applicant shall bear the cost of mailing and fublication and proof of mailingand publication must be submitted at the'time of puutc rrearing.
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http://www.garfield-county.com/building and planning/forms and documents html/Sll? ... S/13/ZOO|
SubmittalDate:
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LAND DESIGI{,PARTI\ERSHIP
918 Cooper Avenue, Glenwood Springs, CO 81601
970-945-2246 / Fax 970-945-4066
June 17,2002
Mark Bean
Garfield County Planning Dept.
108 8th Street
Glenwood Springs, CO 81601
Re. The Preserve at the Prehm Ranch -Lot 4
Application for Special Use Permit for Acc'essory Dwelling Unit
Dear Mark:
On behalf of David J. Glimpcher, contract to purchaser of Lot 4, I submit the attached application
and supplemental information for a Special Use Permit for an Accessory Dwelling Unit (ADU) on
Lot 4 of The Preserve at the Prehm Ranch. Include here with are:
1. Application for Special Use Permit.
2. 24"x36" sheet with Vicinity Map, enlargement of Prehm Ranch Plat drawing, written
legal description and a Site Plan of the general area of the building site with
topography, existing site improvement$ and proposed improvements.
3. Well permit for Lot 4.
4. Report form Colorado River Engineering, Inc. regarding the production and quality of
a test well that was drilled on Lot 4.
5. Report from High Country Engineerinp; regarding the proposed individual sewage
disposal system.
6. Assessor's Map and list of property o' ners within 200 feet of Lot 4
7. Section of protective covenants for Thr: Preserve at Prehm Ranch which expressly
allows for ADUs and provisions for maintenance of access road.
8. Authorization from current owner of Lot 4 for the processing of the Special Use
Permit
9. Copy of Title Policy and Legal Description
10. Check for $400 Base Application Fee.
One complete set of the Preserve at Prehm Ranch Protective Covenants and one copy of the
Amended Master Plat for The Preserve at Prehm Ranch have also been include herewith.
The Preserve at Prehm Ranch (PPR) is accessed ftom County Road 163 which terminates at the
north and south property lines of PPR. Connecting these two termination points of CR 163 is a
private access easement which provides access to all lots within PPR. The road constructed
within this access easement is maintained by the PIIR home owner's association . Lot 4 is a 35
^.
acre parcel of which about 4.3 acres is located bet'ween the private access road and the Roaring
Fork River. Within this area is the residential "building site" which can generally be described as
an area bound by the northerly line of Lot 4, the Roaring Fork River, the driveway to Lot 6 and
the private access easement. In excess of 2.5 acres of this area has slopes of less than 40o/o
gradient. In fact, slopes throughout most the building site are generally less than 6 % gradient
except for the steeper slopes immediately above the river. The driveway into Lot 4 is
constructed and in place to a point near the future site of the primary residence. The driveway
serving Lot 6 also crosses Lot 4.
The proposed ADU is anticipated to contain 1,400 to 1,500 square feet of total gross inhabitable
area plus an attached or detached garage. The primary residence, the ADU and associated
garages are the only buildings proposed on the site. The areas identified for the ADU and the
primary dwelling as shown on the Lot 4 Site Plan portray the approximate location of the future
structures but are not reflective of their actual final footprint configurations. The ADU is
anticipated to be occupied by a caretaker of the properfy which may result in traffic to and from
the site similar to that of a single family residence.
Water for the primary residence and the ADU will be supplied by a yet to be drilled Exempt
Domestic Well (Permit # 235434) located at the easterly end of the site near the proposed
residential structures. Although written in support of the previously approved Prehm Ranch
Exempt SubdMsion, Colorado River Engineering'rl report of Septemb er 7 ,2OOO, finds the Prehm
Ranch sites to be capable of wells with adequate ploduction capacity and quality to serve the
three lot exempt subdivision. The test well for thai: report (Prehm WellNo. 1) was drilled on the
Lot 4 site about 300 feet from the location identified by the afore mentioned well permit. The
pertinent portions of the Colorado River Engineering report have been attached herewith as
evidence of an ability to provide an adequate water supply for the primary residence and the
accessory dwelling unit. The Applicant proposes to provide specific pump production test and
water quality test results for the permanent Lot 4 well at the time of building permit.
Sewage treatment will be provided by ISDS with a leach filed located in the westerly area of the
building site. See the attached report from High Country Engineering for more details regarding
the sewage treatment.
Please call if you require any additional information to complete this application.
Ronald B. Liston
t
gIrPS ^of rHE..qrArE ENG TNEER
Lqhg##g q.E vJsle{ei'if"iEFl h e s o u n c81 B_ cerienniat arog. j si5 ru;Ei*'*, J"ffi: ffi(303) 86&3s81
APPLICANT
Lot 4 Block Fiting: Subdn pneila naG
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APPROVED WELL LOCATION
GARFIELD COUNTYSE 114 NE 1t4 Section 34Township 6 S Range 89 W Si)dh p.M.
plsTANcEs FROM SECTTON LTNES
3150 Ft. from South Section Une50 Ft. from East Sedion Line
UTM COORDINATES
Fonn I'lo.
GWS-25
Inri
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MARLTN (coLoRADo) LTD
C/O COLOMDO RIVER ENGINEERING
P O BOX 1301
RIFLE, CO 816s0-
(e70) 62S4s33
WELL PERMIT NUMBER 235434
6)
7)
The constuction of thb wdl shal be in compf;anca witr tre water well construction Rules 2 ccR 402-2,unless approral::ffiffi:J*H:trTff pr[",;*"road of Examiners orw"i"rwel consfuction and pump tnsrauation
Approved pursuant to cRS 3292602(3xbxltxA) a the onty wel on a tact of land of 35 acres described as rot 4, prehrnRanch drvbion of land, Garfidd county. il'fu b identified as prehm Ranch, lot no. 4 wei.fuproved for an amendment of legd description (lot number coneclbn) for permit no. 231 20g (cancded). The conect btH:il9,ilf;:l;$: -or rot e as orisinaiv permitted und;;;; no. 231208. rhe bsuance orsrb permrt hereby
The use of ground water from thb well b Emited b fire protecrion, ordinary household purposes inside.not more tranIffj'$::fiffl dr'rvellinss, the inisation of not more *ran one (1) acre of home sardens and rawns, and the waterins
The maxjmum pumping rate of thb we{ shatr not exceed 15 GpM.
The retum flow from the use of thb well must be through an indivirfual waste water dbposal qatem of thenon-evaporative type where the nater b retumed to the same "ro- "y"t., in which the wei.s located.This well shall be consbucted not rnore tran 200 feet from the locatbn specihed on thb permitNorlcE: Thi's permit has been approved for the locatjon as noted above. Footage dbtance b from the South section rineNor the Norh section line as originally submited- You are hereby ;"tfi; hat you hane the right to appeal the issuance ofttis perm( by filins a written request wih trb office witrin sixty rodl aays of he date of bsuance, pursuant to the stateAdministative proceduresAct (See Section Z+4_1O4Urrougi.tOO, C.n.S f ,D ,n- C.,_-NOTE: Cancered permit nos. 229093 and 231208, wre previousry bsued fortris ro[ a gzil.oo /
{PPROVED
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State Engheer lllfr a , ri,\A,
ISSUANCE OF PERMIT NOT CONFER A WATER RIGHTTHIS
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DOES
SOF'
This well shafi be used in such a u/ay as to cause no material injury to oristing water righb. The bsuance of trb permitdoes not assure the applcant that no injury urfl occur to anoher rested water right or precrude another owner of a vestedwater right from seeking relief in a civil court acibn-
aw
DO\ cotonR\N-H*"#\{,tlHNEERrNG,It tc.
P.O. Box -1301
Rrlle, CO 81650
Tel 970-625-4933
Fax 970-625-4564
Septenrber 7, l0(10
I)cter lJclau, I'.[:-
EN;\R'fEClll, Inc
i02 8'h St.. suite 32-5
(ilcnwood Springs, CO. 8160 t Via Hand f)elivcrv
RE: I'rehm Ranch Exempt Subdivision - rWater Supply
Detrr Peter:
Colorado River Engineering, lnc. has conrpleted a water supply review fbr the proposed
subdivision exemption of Prehm Ranch. It is our opinion that a reliable water supply can be
developed for the project given the existing'legal supply, physical availability, and water quality test
results. We have prepared a brief summary of the water sirpply components. Attached arc thc
following supporting docnnrents utilized in our review:
Figure l, "General Location Map"
West Divide Water Conservancy District water contract
Table I - Water Demand Estimates
Well construction report
Table 2, Drawdown Recovery Test Data Prehm Test We[l
Grand Junction l,aboratories water quality test results
Background
I'he Prehrn Ranch consists of about l9l acres located in Sections 34 &. 35, Township 6 South,
Range 89 West of the 6th P.M. Garfield County, Colorado as illustratecl on the attached Figure l.
The rnajority of the property consists of elevated benches located along the westem banks of the
Roaring Fork River. The property also encompasses Foumrile Creek at its confluence rvith the
Roaring Fork fuver. The Prehttt Ranclt has historically been Lrtilized fbr ranching operations. N{r.
Eclrvard Prehrn ltas indicated that his family has operated the ranch for about 70 years.
Inrprovements on the property include an existing home and several out buildings.
We understand that the exempt sLrbdivision will create three nerv residential lots of about lour acres
erach. The water supply cornponcnts lor the three new lots include; (1) Domestic supply to be
provicled by a shared well, (2) Raw water irrigation supply providecl b,v., the senior direct florv rights
cliverting from Fourmile Creek, and (3) Storage in a pond for piscatorial, lrsliery habitat, and tlre
proteclion uses. The remainctrrr ot'the ranch will continue to utilizc a spring to supply donrestic
lvater to the ranch house and senior irrigation rights out of Fourmile Creek for pasture irrigation.
a
a
a
a
a
a
Watcr Rights
Watcr rights historically utitizecl at the Prehm Ranch flrc summArizcd in the lbllowing 1"ablc:
Watcr ltighl N:tnlt
( lrurl ( l:rsr:
No.
r5l5
z\ llllrop ri:ttion
l)ate
!.4!eoe.-_
_si l_s/ t 910
5/l 8/ 1 973
nJi"ol"rri*
Ihte
raivr973
t2t3llt973
e rrbic ft. pet'soc,
0_50
0.90
l0l6.w-92 4i01i il|86
Prchm Spring No. I 0.013 abs.I)onrestic, [riro.w-r 891
(0.5 cond.
l/ Onc cubic I'ect per second = 448 Sallons per minLrte
The above water rights divert from or are tributary to Fourmile Creek. These rights are the last
structures locatcd oi pourmile Creek before its confluence with the Roaring Fork River- The Smart
& Green Ditch has historically irrigated lands on the South side of the creek and will be unaffected
by the subdivision. The Grisiy nitctr has irrigated lands on the north side of the creek- 'fhis ditch
will be used to supply the lawn irrigation dernands fbr the three new lots. Easements and a ditch
operating ugr"r-"ni for service to ihe three lots should be developed prior to final plat- Prehm
Spring tio.I n6 historically and will continue to be used to provide the domestic supply to the
existing ranch house.
Water rights for the shared well and pond are covered under a water contract with the West Divide
Water Conservancy Distict (auached). These struclures are located within "Area A" of the diskict
service area and operate undel a temporary substitute supply plan approved by the Colorado
Division of Water Resources. The water contract covcrsi the well, pond, pond f'eeder ditch, and a
pump & pipeline surlace rliversion fronr Fournrile Creck (.as shown in Figtrre 1)' Carfrcld County
recognizes a water contract covered under a temponuy suosllLute supply Plan as sufficient proof of
legal supply fbr exemption applications-
Physical AvailabilitY
The irrigation ditch rights have historically provided a full supply of water to the Prehm Ranch and
will prJvide a reliable supply in the future. The Prehm Spring No.l has never experienced
shortages in supply acco.ding io the Prehm Family. Spring flows in excess of l5 gallons per minute
were observed dLrrilg the "iry year" conditions of ttris summer and supports the ability of this
source to provide a reliable supply to the ranch house.
Water derlands for the new lots will require that sufficient supply exist to meet dorncstic uses- Also,
water demands have been identified to ieplace pond evaporation in order to keep the ponds full and
provide fire protection at all times. f'he attached I'able I summarizes the water dertrands for the
three lols untl prrntl cvaPoration.
I lsc
/lrict-\/ I-}iich Irr .t/28/ I 903
(mor ,?r Cr,.n n I)itt'lr Irritlation 7tzil1911
ln-lrusc tlcprands were estinntccl:rt 350 galluns por day pcr rositicttuc. A Ittittor alI)ount o[
irriglrtion dcrn[nd of 500 square Iect per rusidencc was inolLrded to itccttunt tbr minimal orrtside
,sos. Dornestic clcmands total about L27 acro-floet per year with a pcak avcrage divcrsion rirtc of
{}.88 gallons per minute (gprn) in july. The annual project detnlpds -inc-luding
evaporation
."p-t^"""n,.nt are about 3.33 acre-feet per year lvith a peak monthly demartd of 3-6gprn'
S,rface diversions lrom Fotrnnile Creck will supply the ponrJ. The stretch of Fourmile Crcek
tSrougS t5e prehm Ranch huq histolicrlly been a live strearn and will provide reliable sottrce ot'
supply to the Pond.
Thc donrcstic potable water supply rvill be provided by a shared well- Shelton Drilliag conrpleted a
tcst lr,lc on prehrn Ranch on AJgi,st 17,20^00. 'rhe well is registered with the Colorado Division of
Water Resources as MH-38737 and is located adjacent to Fourmile Creek as shown on Figr-rrc 1'
Drilling was completed to a depth ol47'and then halted after encountering bedrock formation' A
is-rooituyer of sand and gravei material overlaid the bedrock and appeared to be alluvium deposits
of Fourmile Creek. The well construction and test report is attached'
Samuelson Pump Company performed a pump test on the well to check for water quantity and
quality. A z4-hour pump test was cornpleted ui * ur"tuge pumping rateof 15 gallons per.minute'
Drawdown ard r""orery data for the pump test is summarized on Table 2. The initial static water
Ievel was measured to be lg' l-llz" inihes below the top of the casing. The well provides
approximately 29-feet of available drawdown (47'-18'). The drawdown approached stabilization at
approximately 9.gg-feet after 24-hours of pumping, The 9-feet of drawdown rePresents only 3lYo of
the available drawdown. The drawdown data indicates that the well will yield l5+ gtrlm and is- more
than sufficient to meet the 0.88-gpm average domestic demands of the 3-lots. The final design of
the well and water system should inco.porlt" either an oversized pump or small storage tanlt(s) to
meet instantaneous perk hous"nold demands. The water system should also include easements and
operation/sharing agreements -
The well recovered quickly after the pump was turned off. Monitoring of the well has shown the
water level has returned to "pre pumpinj" conditions. Constructed into the creek alluvium, this
well or another well constru"i.a ua;u."nito the test hole wilt provide an excellent source of long
term physical supply to the subdivision'
Water QualitY
water samples were collected during the purnp test and forwarded to Grand Junction Laboratories
for independent analysis. A water system providing service to three residences does not classifr as
a ,,public water ,rpp-ly" as defined by the bolorado Deparknent of Public Health and Environment
*j i, not subject il ;y drinking water regulations. However, Garfield County requires that water
supplies for exempt subdivisions meet state guidelines conceming bacteria and nitrates' The
bacteria guideline tests for any presence ol colitbrm bacteria. No colitbmr bacteria were detected
from the prehm Well. The staie maximum contaminant level for nitrates is l0-mg/l of nitrate and l-
@o
r,g/l trl'.itritr,. N, uitritc w1s dctci;t<;d ancl thc nitrirtu lsvr'I rvls 0.Bl rngll. 'l-hu rvlrtcr qrrillity tcsts
tbr bacteria ancl rtitratcs tnuct state guidclines'
Please do not hesitlte i.o call if you have any tlucstions. (970) 6?5-4933'
Sincere ly.
C!,hLW..
(llrristoplrer i'vl itttcra
CM:cm
Encl
CC: 'lony Lawson (via 1.n)
RamseY KroPf
Rick NeileY
Bob Jacobsen
C:\CREjobfi les\5 I 9-Primnr [t.urch''tteliru l.dtx
Date Time Water Level Total Drawdown Tota! Tirne Flovr hlntp
(feet)(in){ft){hrs:min:sec)(gpm)
21-Auq4O 12:30 PM 18 1.5 000 0:00:00 Pump on
2'l-Auo{O '12:31 PM 21 0.5 2.92 0:01:00
21-Auq{O 12:32PM n1 7.25 3.48 0.02 00 10
21-Auq{O '12:35 PM 24 6.5 6.42 O:O5 OO
21-Auq{O 12:38 PM 25 7.5 7.50 0:08:00
21-Aus40 12:42PM )q 0_5 6.92 0:'12:00
2'1-Aus-00 12:45 PM 25 4.5 7.25 0:15:00
21-Auq-OO 12:50 PM 25 7.5 7.s0 0.20:00
21-Auo{0 1:01 PM 25 8.5 7.58 0:31:O0
21-Auo{0 1:13 PM Dq 11 75 7.85 0:43:00 Water samPle
21-Auo-00 1:20 PM .ELJ 11 7.79 0.50:OO 15
21-Auq{O 1:30 PM 26 2.25 8"06 1:00:00
21-Aus4O 2:00 PM 26 2 8.04 1:30:00
21-Aus40 2:32 PM 26 3.5 8.17 2:02:00
21-Aus{0 3:@ PM 26 4.5 8.25 2:30:00
21-Aus-OO 3:30 PM re 5 8.29 3:0O:00
21-Auo4O 4:00 PM 26 5.5 8.33 3:30:00
21-Auo{O 4:30 PM 26 6.5 8.42 4:0O:O0
21-Auo{0 5:00 PM 26 6.5 8.42 4:3O:00 15
22-Auo40 7:15 AIr,l 27 0.75 8.94 18:45:00 15
22-Auq{0 12:05 PM 27 2.5 9.08 23:35:0O 15
22-Ar.H{0 12:28PM 27 2.5 9.08 23:58:00 Pump off
22-Auq{0 12:29 PM 22 10.5 4.75 23:59.00
22-Auq40 12:3O PM 22 1 3.96 24:OO:OO
22-Aus40 12:31 PM 21 8.25 3.56 24:01:00
22-Auq{0 12:32PM 21 4.5 3.25 24.O2:OO
22-Auq*00 12:33 PM 21 1 2.96 24:03:00
?2-Aus40 12:34PM 20 11 2.79 24:f,4:OO
22-Aus{0 12:36 PM 20 7 2.46 24:06:0O
22-Auq{0 12:39 PM 2A 5 2.29 24:09:00
22"Auq{O 12:43 PM 20 1.5 2.00 24:13:A0
22-Aus{0 12:48 PM 19 11.25 1.81 24:18:00
22-Aug-00 12:58 PM 19 8 1.54 24:28:OO
22-Auq-O0 1:10 PM 19 575 'r.35 24:44:00
22-Auo{0 1:28 PM 19 4 1.21 24:58:OA
22-Aug-00 4:18 PM 18 11.375 0.82 27.48:00
23-Aug{O 10:19 AM 1B 9 0.63 45:49:00
3GAuq{0 1:30 PM 1B 1.5 0.00 217:00:00
Table No- 2
Prehm Ranch Subdivision
Pump Test - Prehrn Well No. 1
96/00 2:50 PM Colorado River Engineering, lnc.pumptest
June 77,2002
Ron Liston
Land Design Partnership
918 Cooper Avenue
Glenwood Springs, CO, 81601
Re: The Preserve at Prehm Ranch Lot 4 Special Use Permit
HCE Job No. 2021047.00
Dear Ron:
HCE has prepared the following information for the Special Use Permit for lot 4 in the
Preserve at Prehm Ranch.
We understand you are preparing a Special Use Permit for an accessory dwelling unit. I have
enclosed a site plan which shows the approximate locations of the primary and accessory
building sites. This plan also shows the locations of the existing well and the proposed ISDS
location which would serve both buildings. The percolation test supplied by IIP Geotech,
indicates good percolation rates, north of the existing driveway. Based on the enclosed
permit, with an average percolation rate of 30 minutes per inch and 2000 gallons per day
uurrug. flow, the field size would be 3900 square feet. The average flow was assumed at the
maximum for field size analysis only and it is anticipated that the actual flows would be
much less. This location should provide adequate distance from the proposed well location
assuming an average sewage flow of 2000 gallons per day.
Please contact us if you have any questions or additional comments
Sincerely,
HIGH CO Y ENGINEERING, INC.
Roger D5{eal, P.E.
Principal
ljfEfkue, Suite 101
Glenwood Sorines. CO 81601
14Inverness Drive East Suite D-136
Enelewood CO 80112
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9l 9L t-g
8/E e BlL n\vlt Lt
ute ilA LL ilL tz
ilen ?IL IZ 9Z
zll I 9Z ztL te
8lL I zlL !E 8lt L2
nle z ,tL 9t 8L
L 8!9Z
(H3NU'Ntm)
3IVU
NOt.[\n0c8td
39VU3AV
tslH3N0
13431
U3IVM
Nr douo
(ssHONi)
IVnUXINt
Jo ON3 lV
HIJIO UIIVA
(93HCNl)
lVNH3INI
JO l_UVrS tV
HrdIO 83JV/y1
(Nll r)
lVAUtlNt
JO HJ.9N;N
(siHcNt)
H1d30 inoH 'oN 3'toH
glt ZoL 'ON 80r sllnsru lslr NotJ.vlocu;ld
7 tro 7 e0e4 I gisvr
' cNt']vctNHC3IO3g )V'ttv\Vd-HtUOMdIH
Hf,3J.O=9 d-H ?9|?tr ZAAZ-Ll-Nntta/to'd
.l()rtN c. ttAR'r .\ c().
GflAND Jt]NITION LAIilRATOfiIIS
435 NORTH AVENUE I PHONE 212'761 8 T
Iir:cieverl frtrnt:
GRAND JUNCTION. COLORAOO 8I50I
ANAT.YTICAL RNTORT
[,r,i]. i-,t .,llJt'i l:ii 'r'rr:t' [.].1 rl-.r r l:f::i.'r .] I r!]
Ll-,i-t E ll;ria.Y'*
i'ii i:-lL:i: J.:iOl
l:li l: i e ,, tiii iii l. l:5t-t
( LJ z'{..} ) 6r';'-i-- i} .J.;!'-j. . l-'r:i)i il,,li.i* ''l:1i"i'
Customer No-Laboratory- No.
*I-IOr:L, l'Js. ri'iat(-:r'i.li *'
S;,tmtr I e
'l'ol-erl ilol i i'orrrr
l..l i tr:r.'l-e ( l'..1 )
Nitrite:tN)
Etart E,r'i a
'i+ -1.c, -:
i.rl.:rte'r =airrpl e
O col t:ni EEl 1(){:)rnI Eainp} Ei
t-l . 8l ing,/ I
i:). Ct,J mg,/1 (*l{t. Ol)
Ltriri!linrt
Lirrrit
mLigt be o
i(l
1
Ili r-ect-r-tr:F" Eiauter
l-)nteReceived
-
-!t:'Ii;l'.11-Il
2185-341 -02-O01
2185-341 -O2-AO2
1 85-341 -02-003
21 85-352-00-023
2i 85-541 -00-01 4
21 85-353-00-01 I
2185-344-00-01 6
2185-344-02-AO7
LOT 4 The Preserve ot
Prehm Ronch
Lot 4, The Preserve at Prehm Ranch
Property Owners llithin 200 Feet
Gorfield County Assossor's Office Porcel Numbers shown.
See ottoched list tot no3;;"cnd oddresses of odjocent
Lot 4, The Preserye at Prehm Ranch
Property Owners Within 200 Feet
Collected from the Garfield County Assessor's Office on May 15,2002.
2185-341-02-001
2185-341-02-002
2t8s-344-02-006
2185-344-02-007
218s-344-00-016
Marlin (Colorado), LTD
C/O Neiley-Alder
201 NorthMill
Aspen, Co 81611
2185-352-00-023
L & Y Jammaron Family, LLLP
4915 Hwy 82
Glenwood Springs, CO 81601-9622
21 85-353-00-019
Eastbanh LLC &, Cozy Point, LP
525 East Cooper
Aspen, CO 81611
2 I 85-341-00-0 14
Bershenyi Land & Cattle, LLP
2833 CountyRoad 117
Glenwood Springs, CO 81601-4538
2185-341-02-003
Judith Niro as Trustee of Revocable Trust of 2001, Dated 2-14-2001
181 West Madison St., Ste. 4600
Chicago, IL 60606
rjtuIl t[LllHtlt t[! tL!
ilHI
ILULTilUIt|ll
l
1-.i-zs R 12s.oa o 0.00 GRRFIELD couNTY c0
,i uA"O \a-.-u-
Pr.Yrr_{i, , Cu u a.-\^o ^$=
ditches, ponds, easernents, boat ramp, river cabin, bridges, gates and security systems, and all other
physical improvements installed, irnproved, maintainecl or managecl by the Association. The
Association may maintain errors and omissions insurance for its officers and directors in addition
to liabiliry and casualty insurance coverage, all of which shall be assessed to the Olvners as a
common expense of the Association.
5. Lot Development Reguiations.
(a) BLrilding Envelopes.
(l) Number and Location of Buildines. No buildings or structures
shall be piaced, erected, altered or permitted to remain on any Lot other than one (l) single-family
dlvelling house, including an attachecl garage, an accessory dr,velling unit (which may be subject to
County review and approval), and the following permissible accessory components or buildings or
structures.
(i) One (l) guest house;
(ii) One (1) detached garage;
:..
,on
the. Master Plat approved by the Archltectural Commlttee; ancl : " .: r ' -
of the Building Envelopes as may be permitted by the Architectural Committee.
Nothing herein shall preclude separate kitchen facilities in a single-farnily dwelling
house and in any guest house or structure. The building site plans for all such buildings and
structuresshallbesubjecttoapprovalbytheArchitecturalCommittee. Inapprovingordisapproving
the building site plans, the Architectural Committee shall take into consideration the number of
buildings or structures, the locations and heights with respect to topography and finished grade
elevations, the effeci thereof on the native setting and surroundings of the-Prehm Ranch, and any
impact on views and privacy of the Lots. If the Architectural Committee shall be of the opinion that
the placing of a single-family dwelling together with all of the accessory buildings or structures
authorized herein on a Lot would not be in keeping with the overallpurpose of these covenants, the
Architectural Committee, in addition to its, other powers and duties hereunder, shall have the
authority to limit the number of permitted accessory buildings or structures on any Lot.
(2) Principal Residence to be Constructed First. No guest house,
garage or other outbuildings shall be constructed on any Lot until after cornmencement of
construction of the principal dwelling house on the same Lot, except as otherwise specifically
permitted by the Architectural Committee. All construction and alteration work shall be prosecuted
diligently, and each building, structure or improvements which are commenced on any Lot shall be
entirely completed within eighteen (18) months after commencement of construction.
6
MAY. 23 '2A02 \2 t 46 e28e3L
MARLIN (COLORADO), LTD,
c/o NEILTY & Aloen
2O I NoRTH MILL STREET, SUlrE T 02
AspErg, ColonnDo 8I5l I
May 21,20V2
Mr. It{urk Bean
Gurfi eld County Cr:mmuni ty Devcl opnrent
109 Eighth Srost, Suite 303
Clenwood Spilngs, CO tll60l
Application t'or Special Use Permit/Authorization to Rcpresent
The Preserve at Prehm Ranch, Lot 4
Dear Mr. Bean:
Please accept this letter &s our authorization for Ron Li"ston of Land Dasign
Pnrtnership fo process a land use application seeking a .s5rccial use permit on hehalf of Duvid
Oilrncher with respect to the ahove-referenced reu,l property. The Covenants for The he"ierve at
Iirchm Ranch authoriz,c Acces;ory Dwclling Uniu and Gucst Ht:usos,
Very6Uly yorus,
#0148 P.004
Re:
Riclrard Y. Neiley, Jr., suthorized agentand attorney
MAY, 23 ' 2002 t2 t 4'7
1r Elha{ivr Orfi Aprll 10,2002 !t
2. Polley * Pollohr b br irurd:
il ALTAOnncr'r Fdlry-Frrm lEl
ProFitd lnrurcd:
DAVIP J.GLHEIGB CO.
G) ALTA Lorn Follcyfil?fi ltta
ProposoO lnrurrd:
e28e3L
COIili}IITMENI FOB TITTE INSURANCE
ECHEDULEA
tr00 AM Ctrr t{o. E438AF
#014S P.006
funcrunl,t 91o,os.oo
Pnrnlunnt l,olrloo
Hatsi hvdop*r
AnroutrtC 0.00
Pmrniurni 0.00
HsE:
Trx cailfl€B;31O,fi
3. Title l0 ha FEE EIMPLE .thh or intclbrt in fir land drtcribed or ohrrcd b in trh Comn{tnant ls & hr
6tladirc dril hrrcl vrrtd in
I4ARUN (COLoHADO), LTD.
4. ?h0 lrM reirned t ln thh Corrmiruncnt ie altmnd ln thr comty oIGABFIELD Strb ol COLOHAOO mC
lr dcrorhd ufollotr:
LOT4,
THE FBESENVE AT PHEHM HAI.ICH.
Ar daF*ild on thc Pirhrn n.ilah Enmpton Hetrmordod Juni 13, 2001. ln Bffik 1260 s Pr0c 3S8 ar
Hrorpdon ,tb. EEl601, hr Flrrt Amlndcd Pnlm Fenoh Ertmgdm Pld rrcorded AuDfi 30, 1001 , ln
Book ,1281 d Frg. 7U I Htorpfon l{o" 587i88. fic hlocu}r Plrtfor frr Pnrerue d Prrlra Ranoh
ncordrd 8ipililtbat 25, eml u Hxrpflm Nd. S88088 artd fir Arntrdcd Mufi Plrt lor Tha Pramnn d
Prahfi Eanoh txotrlld Oataber 17, e001 er Hrcrption Na.6S0186 rll raeordad )n tho reel lrtrL rcaordr
d Orrtl.ld CoutttY.
lllTr{N@uNlYflfl.4ll\tc.
lln|. TWt) Xlvlf,8 ROrq 5pt6 3
BAi,tLr:mrcLASlUA
nul8r19H
,,bw&t6ila
AUrt{OilZEDACEhI?
Sohl{ilbA-PG.I
?hh Comrnltnrnt lr lnvrlld
unlur nt Uturlp
Fruvirionr rnd Schcduler
A.rd B ur athohod.
['d 69t'olJ llill ,\l[ll lli)lild N;9lre i e000 il',{Vr!
MAY, 23 '2002 12 : 4 B e28e3L #0118 P.00?
SCUEDUT.E !.3ECTION 1
BEQIJIAEMEIV?8
t.tBh Or inbl.$to bt imured,
llEfiJl G) Fmpar lnatsunrdr) crrrtng fi. alllb or inEra5t E be lnrund mJrt b. s.aorJtad f,lc duly
fficd Lr iloorrl U.ilit
t. Prilil Btbrlr by ha Plblic TrusEE o{ thc,
Drcd dTrutfiom : MUth (OolorsCo), Ltr[
to fia Fublh Tnrue olttl 0anty sf O.Jfild
lor thr r.rr of : Alph. Brnkbrcur :t1,825,000,Fddd : NovlmDtrA, a000nmtdad : Drsmbn 1, e000 tn Book 1210 lt Pagc t 29
teoipdon no. ;572084
llodtllcdon Apt,tfit drrnging vluious brmr d he Drrd of Trurt rbovc waa racodcd *trnuuy 28, 4002 in
Effik 1324 at Paerc 340.
2- Parllrl Ralarre by hr ftIdlo Trurtrr ol trc,
Dctd of Trurtfiurt : ilhdh (Colonr0o). ud
to hr Publio TrLtr dtta COUIrty Ercrfield '
rar tir use ol tAlplil Br'* Arprnto!.ouri ;lB5t,t25"mdrtod : Aprf 6, E00lrccoded : [t{ry l. 2m1 h eook 1251 d Prge 377
teorptbn no. :6t0!t{$
Modificatlsn Agll$n.il chrr)olH variout tsnn, of dlr D{rd otTrmt rbovr w.l noordrd rlrnuly 11, l00e h
eoof 1Ee0 d P:gr 61.
' - - -- -e, Trnl;.rHrEd W tlpP/atrlrorvirffirnrorotmt d$iBrcr ruthfftrfif bFffi
ltlrrlln (Oolorrdo), 1ts. r Colondo Corpora$n
Tm biluntng rr.6c raquirenrnE b be condbd wthi
I?EM (l) Ftym6nt b r tor &a &count of drc elrfiton 0r ,nofi[etrr of thr ful co,iddcration for ttn
To : OryfoiJ. GlinoharCo.
t',lolE: Corporate S*l or Frcdmllh ehould be rtflxrd,
(cominucd)
b 'd 69i 0t{rllli A1ti3 ill)1ld [!d9l:ll [00r Ir'iYrl
MAY. 23'2002 !2:Ag 928nrL +0148 P.008
SCTIBDULE B. SECIION 1
RBCIIIREIIIBNTS . Continurd
4. Puty r*nartrCard ceaifut ol hr aulffi [hnrging Agrntor Board ol Dir.c{orr o{Pmrue rt prfim Hamhibmrotmrrl Alloolrton ci4f$rttltl tltla an no urgernenblorcanrrnon xprmcr"tti.rr r""i"in u;p.O;' ottlfift. GanitltrrE r llln on fi6 6ubffi p?opcrty,
5. $mplrton q!FoP Dfi !0r0 Pg!ft,l,lg ll1-a flitro*1fto of colonrts Tar on h.6ab by rilJh pcnoftr, corponthnr rMfimr rlling Roal ProPmy In thC$hi. ol col$rdo. ttrf inarumrnt is na rrqgiroO'to g 6cotrdl
E, A'idencc rrlirhctory to thl comprny fist dr. Daolenlion ol 8ale, ry4" tr county Arrmror g oqulrrd ry H,g. t 288hu bcen olqplioo wlth, (?hh lnrttrncnt ir noi requlnd m oe rrcir*0, urimrlrJ tb Oitivrpo u erd rrhlnad by draAcrmm 9|floe ln fi CoJnU in wtrblr ttrc proprAy rc siurrnd)
, 7, Crrtificau ol nonbntgn rhtur rxe;Ed b, $. tanstoror(t). ffnir indrumant if not raqulnd b bc rccorded)
! 'd 696'0t1 i1111 /\lriC fit)lrld tild9tjtrI [00['il'Avrfl
MAY. 23 ' 2002 L2 r 49 e28$3L *0148 P.009
SCIIEDUIE E SECNON 2
P(CEPTTONE
?ht pdH or rclisu b br iuu.d urtlt antrln arceBbil b tn hllilvlrg Ltt{6sl thr rrnr u. dhggr.C ot E
thr r*rirfr{oa 0l ilr Conporf
l. Hiiltr oldllfru ol parliat in posurion not drown 0y frc plb$c teardt.
2. EurmnE, 0t cllttt d aamnrfi, not rlunn by urc pultio rrrordl.3. Dlscrepanolcr, cnllhtr h houndtry lhoi, dton $ h rrct, 0ncror6hmtnE, rny taptc whhh r corred
aJilcy ard lnepcatlon of fir pnmiGet troJd dhch$ end whir:h ere mt rlnlm by the B.blh rlcardr.
4. Any lhn, d fleh u r llln, fur trvloot, labor, or mrtrrirl haratoforG cr hurdtu turnbhed irnpaed by hx
ard not fiotrn $ thr pbllc rFor&,
E, Elehott, lbnr, rncumbrutcao, ednrm drinu or othsr rnttbn, il eny, crcated, firrt r#aerhg in hr publro
il00r* ol rt[0hllg Aubfaquril b the dlcstlva &g hcragf hd pt'r3r tc fir drb fre propold inrupd' r!riuh.. ol naotd lor vduc h. eifsB ol intrrttt or rrrolst6r thenon cowred B t{r Commitm.nt6. ?rrcc dut rnd prphl*; and rtry Er, spcci.l lHsrment, dtsrgr or lhn lmpoeed lor u,rbr of lcrl3rofict or bf rny ofirt rp*lrl hxing dhfict
7- nhht of th. proprirbr of i wln or b0 b rdrmt ot if n1o|/t hb oru theriffom, rhoukl t\e rrm br tound
b paanu or intrnrct ha prenirer h.rrby gnnted ro ilavrd ln t ,rtHl $rrr Prnnt ruoodrd
D.oIlrhor 18, I S3 in Bootr 1e al Pae.26e.
8. Hlghi of wry for tht Sman ard Gnrn Falr M[. Ditoh, rr d..orlbrd ln thr Etrtrmtm rnC Hrp reoor<led
July8.1elt,
9. T6rna condtimt. pronlthne rnd obllpflonr Ee set hrtr in Daad mmfird Juty 87, 19fl ln Book 144 at
Fagr 644.
10, Trrm+ condilloil8, provirlonr rnd oUhndont u ill torfr h Drrd rcoHCd Mty 11, lfSA h Book 244 j
Prgrr 1ir-
I l. Earcfirnt uq ryt { wry gnnH h nocky Mountrln Naturel Gu Cornpany, lno., h lmfirrr}ffil r.,srdadOsffir 10. l!6i ln Eook 837 il Pryc 244.
-- -J3-Efic@ BEGdro rha MouidRiE*Sih$fs$hsrr qnC ."cl*l
irufumrnt r.oord6d Apfll e8, 19?2 ln tsook430 d PrqB 13S.
10. Termt, condidonl,_Frovltunr nnd obllg*hrc a$ ee* hrth in thr Lcrm brtmrn Jran Pnhm rrd Booky
Mounaln Natunl Grr domprny *mrdrd Irptrsrr 18, 19?6 in Eook 47c rt PrgE 3.1a.
14. Trrml, Hndithnr, providoil md oblleffrott Ar td foilh in Dccd moordro J*nurry 47, tgHO ln lek 660
rr pegcE4l,
15, Esnmnl rnd nglt ot rvry Brunbd h Rodry Mounhh F{atunl 0rt 0orpny, lm., ln hsf$ncrrr rcoofilrd
Juno27,1888 in Bsk 736 rt Pegr Bl2.
(Centtnurd)
I ',d 69[,'0tir ;'rlil AilliC ilry1ld I'ilg1:ll e00['00',\vfii
MAY,e3'2002 12:50 e28e3L #0i48 P.010
ECHEDUIAB sECTIONl
BXCE?ilON8. (Confraur{)
lC, HEhtolYray lorOounURfld 1AA,
1 7. Bight ol my ftr lhr gflffy 0it0h rnd Four Milc On k rnt olrdlcrd dicftc ltneq rr rhtrrl on $i
Eandary 8rtry pnprrd Ey Hloh Cofitry Efiimrrirre CrFd July n,1frT.
.l8.
lnY.qndion, dltpu$ 0r tdv.[. aUm as E efiy losr or giln ot hnd Br r mtun ot afiy ohrngo in [tr ilver
b.d locruolr EY dtlt tilr mfrJnl 0a,llac6, orrhntlon thtoueh amrctrn nlia:[m. oroebn or rwhron of
thc canff hmd, brnk, clnnnlt or llow ot yfiril ta fu Roartrn Forfi Rivar Mng wihh rrrbjtot landi anrl
rny queilion er b hr hcetm of ruofr crnhr firrad, bed, br*. UeC r cnAnnrlu r lHil iereaflion
manumrnt ot merlor tor fir purFolrr ol dorcrting o lantirE a-tied hnrlr,
NOTI: tltctt era no doournr,tr ln rhc lrnd rcordr 6t fra Otllot cl ilrr Cbrtr erd Bcoadrr of Garfbld
ooutlty, Colorado rotrunnty bcrthg ptrt or Ffrrnl l6oarbn(r) sf fir cantr [uE!d, bmtt, bid. or
ehrilml of hr rberr Rlvrro lndlordng my rltrrrlhnr ol thc rerrrt ra trorn timc b tirne may 16/rmurad.
AND
Any llgh8, lntrnut or trtemcnb in lavor ol thc rlparfrn own.rur ttl BEtt sl Od6ndo, ?hr Unibd glaEr
0l Arharhl, u fic eon*U publB *ltlch cxh, hrvr rxldtd, or oil ddfisd tro exlrt ln nd o{,tr the urin
rnd pffirnt rnd put b.d rnd banb ot fi. R0rrlfi0 Fork Btvr.
19. Tetma oonditionrr lgtpil rlq obllgrfom a. rrt brtr in conraot fpr Wrbr ecrvice rmordid Feluly
2q eOff In Bmk le3grtPrgr ?39,
20. !nnr, 0ondtiort6. provhbnr, obllgatbnr, Brr.ncrti, rrtlctlonr rnd agrotetrrnb rG Eet bfih'ln UrCDcchrtfon of Connann tur Prrhrn Fanoh Butridiv{Jon Eremption ricor&d Junr 1B, to01 th.Eoaf tam
rTslm Hrnctl r.coiilod AeFErrtrr e5, zmt in Book 12m $ prgr 830, dolatne Ur*rsf$m rny fffflOtonr
htllcrdrrg irly pf{trlrff, limlallon or dirairmin$ion bcard on ri-6. color, dilLn, eu, tnneiirp, frallLl
rt Frga $0, rnd ltlrrilr Oe#nion ot Oovcnsrfi, ConCffirre rnd
rtrtrs or nrtlonrl ofigln,
21 ' Errlm.fi rnd deht of wry ft lr abaila tnnrmirrbn o/ dictibutim lirr or ryrffin, gt Oruild b HotyCra Elaotrb Agooirilal, 1n0., ln ln&unrnt rcoorded Aqurt 16, 200 1 in grrlX nn * Rre r g1 C,
12, Trmt, oonditlonr, Fovlioqs.u! oHigrfionc sr rrt fo#t ln EacFracd A00o0s Erra?xrt Agrucnrnt
raoordcd gaphtnb.r4, &01 in Book lp8g ar pegt ?9.
aA. Fqryq, litF olryey Bnd rJl mrtbr as dlrol*cd on Ptil of rugrot propBffy ncordcdrJunr 10. 2001
in Pld Book 1260 afrgr 858. Flrst turrndd Pruh,n turrh ermiton ptei nitrUcO Augurt fr1, 2001 rrRsipll0n No' 5t7{8, MadorPlrtfor tha Fnrcrvr d Pnhm nrrEh rcorded Eepambrr eS, 200f m
BeoeFlofl No. 68tSE snd ilrr Anrendrd Mrrtr Pli tor the Pn*rt; at Frcirn ninch racorara Octbcr17,?!Elra Hrepthn No- Sl0ltti.
(Conilnued)
I 'd 69['oti 3llll Alt1l) r,{i}lid v,illltll t00l Ii',\vri
MAY.23' 2002 t2:50 928rrL *0148 P.011
BCHBDT.IIE B EBSNON 2
EXCBPfIONB . lCsrrtnurd)
2{. I1[L-qqg[l[lfqni obte$F rhd rll ftultrn rr t.t rorrh in Hsdudon st hr tsornt 0? CosiltycornmlsconcntuGrdtdd Sunty,.Oolondo nooruaC Ofiobrr8, e00, in Book 1e9aat Frgr ?&; -
Rsturorl N6. aofi{e sflrr sr-a01,
,6. I:$,*rHT:^{Y^!F!1 PqrErp_ElC all mrftfs aa ret torth in Fmduilm of h. Bonrd of cor-nua0mlrlil0Eltlil ruOrcad O0tobt 8, e001 ln Book lege d ?zge742 m RcEoluhfl Ns. zui-Zg, 6.rt66;t2fi1.
28. Trmr, onditiqq,prwirqc^ryd o.Higrtioq rr EEt lofi h Ml6{er of tncorpritiffi tor prahm RrnchQurnart turoairfio,r rucordrd ootobrr'ts, ?001 in Book 1ig4 it pegn f07.'
2?.Iqmt, oondltlang, pqllrlofir r( oblig*doLrr u .d 6nh in Strrur ol thc pnhm nrnoh OrrnersArp0lrtlon mcorded Od.r 16, A00i ln Bod( 1eg4 ri prgr'@,
8',J 69t'0li lriti A1ilJ tit)llid ttd/l:il l00l'[d',\rfir
oo
rffiil l]lt llilt lil lillt Iililil iltttil ilil illt llll5889E9 09/25/2OOl 0ltOEP 81289 P530 t't RLSDORF7 ol 23 R 125.OO D 0.00 GRRFIELD COUNTY CO RECEIVEDJUN 172002
MASTER DECTARATION OF COWNANTS,
CONDITIONS AND RESTzuCTIONS FOR
THE PRESERVE AT PREHM RANCH
'r)D
,)., )
\' /
-\ \#
i ttultuf ul ill ;u|; L!
|
u Hltu |
lt I r,r.[[[l I
2 ol 25 R 125.O0 D 0.AO GRRFIED-COUXTV CO-'-'
MASTER DECLARATION OF COYENANTS,
CONDITIONS AND RESTRICTIONS FOR
THE PRESERVE AT PREHIVI RANCH
THIS MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS (the "Master Declaration") is made this 24th day of September, 200l,by MARLIN
(COLORADO), LTD. (the "Declarant").
RECITALS
A. Declarant is the owner of real property situated in the County of Garfield, State of
Colorado, as described in Exhibit "A" appended hereto, comprised of approximately one hundred
ninety-one (l9l) acres of land.
B. The Declarant has created eight (8) separate parcels of land from the property described
in Exhibit "A" (hereinafter ref'erred to as the "Lots"). The Declarant has received approval from
Garfreld County for a subdivision exemption creating a total of fbur (4) parcels on the Prehm Ranch,
three (3) of which are depicted on the Prehm Ranch Exernption Plat recorded in the real estate
records of Garfield Counly on June 13, 2001, in Book 1260 at Page 358, as Reception No., 582501 ,
and the First Amended Prehm Ranch Exemption Plat recorded in thereal estate records of Garfield
County on August 30,'2OOl, in Book 1281 at Page 744, as Reception No. 587388, as Lot I
(approximately 4.00 acres), Lot 2 (approximately 4.077 acres) and Lot 3 (approximately 4.123
acres), and the fourth parcel being comprised of the balance of the Prehm Ranch containing
approximately one hundred seventy-nine (179) acres, more or less.
C. The one hundred seventy-nine ( 179) acre parcel has been further divided by Declarant
into five (5) separate lots of not less than thirfy-five (35) acres each as permitted by the stafutes of
the State of Colorado, which do not require the processing of any subdivision or subdivision
exemption application, as depicted on the Master Plat for the Preserve at Prehm Ranch (hereinafter
referred to as the "Master Plat") recorded in the real estate records of Garfield County on September
24,2001, in Book at Page _, as Reception No.and identified as Lot 4 (35
Lot 8 (35 acres).acres), Lot 5 (35 acres), Lot 6 (38.578 acres), Lot 7 (35.175 acres) and
D. In addition to the Prehm Ranch Subdivision Exemption Plat described above, Declarant
established that certain Declaration of Covenants, Conditions and Restrictions for the Prehm Ranch
Subdivision Exemption recorded in the real estate records of Garfield Counly on June 13, 2001, in
Book 1260 at Page 360, as Reception No. 582502
E. Declarant desires to supplement, modiff and amend the Declaration of Covenants,
Conditions and Restrictions fbr the Prehm Ranch Subdivision Exemption byestablishing this Master
Declaration of Covenants, Conditions and Restrictions for the Preserve at Prehm Ranch (hereinafter
ret'erred to as the "Master Declaration") which shall be deemed to govern and control the use and
ownership of all of the lots, Lots i through 8, depicted on the Master Plat and, in the event of any
conf'lict with said Declaration of Covenants, Conditions and Restrictions for the Prehm Ranch
Subdivision Exemption, this Master Declaration shall be deemed to govern and control (except that
Section 8 of the Declaration of Covenants, Conditions and Restrictions for the Prehm Ranch
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Subdivision Exemption, applicable to Lots l, 2 and 3, shall remain in full force and effect in
accordance rvith its terms).
F. Declarant has, therefore, established this Master Declaration which shall apply to said
Lots I through 8 in order to accomplish the purposes set tbrth herein.
NOW, THEREFORE, in consideration of the foregoing premises, the Declarant states
as follows:
l. Declaration. To further the purposes expressed herein, the Declarant, tbr itself,
its successors ancl assigns hereby declares that the Lots shall 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 runnin-q,'vith the land
benefitted and burdened thereby, shall be binding upon and inure to the benefit of the Declarant,
every person or entity acquiring any interest in the Lots.
2. Purposes and Limitations of Declaration. The purpose of this Declaration is to
restrict the use, occupancy, development and redevelopment and maintenance of the Lots and all
Common Areas in order to preserve and protect the quality and integrity of the Prehm Ranch and its
facilities, and to preserve and protect the highly desirable rural residential and recreationally oriented
character of the Lots for thebenefit of the Declarant, the owners, and the occupants of the Lots, and
to provide for the creation and operation of the Prehm Ranch Owners Association, Inc., a Colorado
not-for-prott corporation.. This Declaration shall not result in the creation or establishment of a
corlmon interest community which is subject to the provisions of C.R-S. $ 38-33.3- 101, et seq.
(a) "Declarant" means Marlin (Colorado), Ltd., a Colorado corporation, and
any parfy designated as a successor of the Declarant by a written instrument duly recorded in the real
estate records of Garheld County, Colorado, which instrument, to be effective, need only be signed
by the Declarant.
(b) "Lot" or "Lots" means each or all of the Lots and parcels described in or
reflected on the Plat of the Prehm Ranch Exemption and the Master Plat, as amended from time to
time, as the context requires, and unless otherwise provided, includes the improvements situated
thereon. As used herein, the term "Lots" shall include all and any interests in the Lots, including any
undivided interest therein.
(c) "Building Envelopes" mean those areas depicted on the Master Plat and
identified thereon as the "Building Envelope(s)" in which the Owners shall be entitled to construct
residential and other improvements in accordance with the terms hereof.
(d) "Common Areas" means those areas described herein which shall be
available for the use and enjoyment of all Owners of Lots and their guests, family members and
invitees, subject to rules and regulations adopted from time to time by the Prehm Ranch Owners
Association, which common areas shall be depicted on the Common Areas Plat for the Preserve at
Prehm Ranch to be recorded in the real estate records of Garfield County (the "Common Area Plat")
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and which, in addition to the access shown thereon, shall inclLrcle all of the roads within Prehm
Ranch (except for the driveways serving the individr-ral Lots), the ponrls constructed on Lots I and
2, the boat ramp and river cabin constructed on Lot 6, and the upper meadow area located on Lot
4.
(e) "Olvner" means the person, persons, or legal entity holding record fee
simple title to a Lot or an undivided interest therein.
(f) "Mortgage" means any mortgage, deed of trust or other security
instrument creating a real property security interest in any Lot, excluding any statutory, tax orjudicial
lien.
(g) "The Prehm Ranch Owners Association" or the ".\ssociation" means that
Colorado not-tbr-profit corporation o[,uvhich each Lot Owner is a member and which has been
established to govern the Common Areas and the common interests of'all Owners as more fully
described herein.
(h) "Prehm Ranch" means all of the real property described in Exhibit "A"
including all of the Lots as a whole.
,]4 ThePrehmRanc@..:
Association1the..essJ3/a.,offi",l113#Tffi:}}..,?ffi*,.*"','#.iffii'3ffi:::
and invested with the powers prescribed by law and as set forth in its Articles, Bylaws and this
Master Declaration. Neither the Articles nor Bylaws of the Association shall, for any reason, be
amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. All
Owners shall automatically be members of the Association.
(b) Board of Directors and Officers. The affairs of the Association shall be
conducted bythe Board of Directors and such offrcers as the Board of Directors may elect or appoint
in accordance with its Articles and Bylaws. The initial Board ofDirectors shall be composed ofthree
(3) members who shall be appointed by the Declarant.
(c) Votine. The Owner or Owners of each Lot shall, collectively, be entitled
to one (l ) vote on any and all matters on which members are entitled to vote. Where there is more
than one Owner of a Lot, the several Owners shall be entitled to vote a h-actional share based upon
their respective ownership interests, which shall never be greater than one ( l) vote in the aggregate.
(d) Purpose and Powers of Association. The Association shall be formed
to serve as the vehicle for the administration of certain basic services to be provided for the benefit
of Owners and to administer all Common Areas and interests within the Prehm Ranch. The services
which shall be provided shall include, without limitation, various maintenance services including
road maintenance, maintaining irrigation systems and the ponds, administrative services, and other
services as the Association may choose to provide for the benefit of Owners. Said services may also
include the receipt, processing, payment and accounting of utility bills on behalf of Owners for
3
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Common Areas and the road system, pursuant to a power of attomey related to utilities management
executed by Owners or other appropriate agreement.
(e) Assessments. By acceptance of'a deecl conveying an ownership interest
in a Lot, each Owner thereof, whether or not it is so expressed in said deed, shall be deemed to
covenant and agree with the Declarant and other Owners to pay to the Association quarterly
assessments made by the Directors thereof equal to a pro rata share (which shall be one-eighthll/e)
share per lot) of the costs and fees for which the Associzrtion becomes liable or may become liable,
the provision of utilities; plowing; road, ditch and bridge repair and maintenance; care and
maintenance of the boat ramp and river cabin; installation and maintenance of gates and security
systems; maintenance and improvements to Common Areas; management services, if any, and for
such other services which the Association may provide or contract tbr each quarter. The obligation
of each Owner to pay assessments shall be subject to the fbllowing:
( l) Tbtal Amount of Ouarterly Assessments. The total amount of
quarterly assessments shall be based upon advance estimates of the payments required in order to
satisff the obligations of any utility or other services agreement, utility management services, and
any other expenses described in the annual budget and authorizedby the Directors, including the
creation of a reasonable contingency reserve, surplus and/or sinking fund.
, {r) Special Assessments. In addition to the quarterly asse,:,sments,
the Directors may levy from tirne to time special assessments, payable over such time pericds as tne
Directors may determine, fbr the purpose of defraying, in whole or in part, the cost of an1' service
which may be provided or arranged for by the Association for the benefit of its members, or for any
deficit between the estimated and actual costs not covered by the estimate of annual assessments,
(3) Apportionment of Assessments. Any amounts assessed pursuant
hereto shall be apportioned among and bome and paid by Owners in proportion to the number of
Lots owned by each Owner, except any special assessment specifically attributable to fewer than all
of the Owners and/or attributable to a specific Owner
(4) Determination of Budget and Assessments. The total amount
required to be raised by quarterly assessments and the total amount required to be raised by special
assessments shall be determined at least annually in accordance with the following procedures. The
Directors of the Association shall prepare a budget for the time period covered thereby showing, in
reasonable detail, the various matters proposed to be covered by the budget, the estimated costs and
expenses of each of those items, any estimated income or other funds to be credited to the budget,
and the estimated total amount of quarterly assessments or special assessments required to cover
costs and expenses and to provide a reasonable reserve. The total amount to be raised by quarterly
assessments or special assessments for a particular period of time shall be at least in the amount
necessary to satisfu the obligations of the Association.
(5) Notice ofAssessments and Time for Payment Thereof. Quarterly
assessments shall be made on a calendar year basis, with the first quarter starting on January I of
each year. The Directors of the Association shall give written notice to each Owner as to the amount
of the quarterly assessment required to be paid by said Owner at least fourteen ( l4) days in advance
of the date such assessments are due and payable. Such assessments, based on the estimate, shall be
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due and payable on the date specified in said notice or as provided by the Bylarvs of the Association.
Special assessments shall be due and payable within thirty (30) days after written notice of the
amount thereof is given to each Owner. Quarterly assessments and special assessments shall bear
interest at the rate of eighteen percent (18%) per annum fiom the date such assessments become due
and payable. Failure of the Directors of the Association to give timely notice of any assessment as
provided herein shall not affect the liability of any O'"vner for such assessments, but the date when
payment shall become due in such a case shall be def-erred to a date thirty (30) clays atter such notice
is given.
(6) Lien fbr Assessrnent. All sums assessed against any Lot pursuant
to this Declaration, together with interest thereon as provided herein, shall be secured by a lien on
such Lot. Such lien shall be subject to liens and encumbrances recorded prior to the date ofrecording
of this Declaration, and shall be superior to all other liens and encumbrances on such Lot except (i)
valid tax liens in favor of any governmental agcncy or authority, and (ii) a lien fbr all sums secured
by a first priority Mortgage or first deed of trust duly recorded in the records of the Clerk and
Recorder of Garfield County, Colorado, including all unpaid obligatory advances to be made
pursuant to such Mortgage or deed of trust and all amounts advanced in accordance with the terms
thereof. All other lienors acquiring liens on any Lot after this Declaration is recorded, shall be
deemed to consent and agree that such liens shall be inferior and junior to future liens for
assessments as provided herein, whether or not such consent is specifically set fclrth, in the instrument
creating sueh liens. To evidence a lien for sums assessed pursuant to this Section, the Association
shall prepare a wiitten notice of lien setting forth the amount of the assessment, the date due, the
amount remaining unpaid, the name of the Owner of the Lot and a descriptir-rn of the Lot. Such a.
notice shall be signed by an officer or Director of the Association and shall be recorded in the offrce r
of the Clerk and Recorder of Garfield County, Colorado. No notice of liens shall be recorded until
there is a delinquency in payment of any assessment. A lien for sums assessed pursuant to this article
may be enforced by judicial foreclosure by the Association in the same manner in which mortgages
on real propertymaybe foreclosed in Colorado or by any action in law or equity. In any such action,
the Owner shall be required to pay the cost and expenses of such proceedings, the cost and expenses
of filing the notice of lien and all reasonable costs and attorneys' fees. All such costs and expenses
shall be secured by the lien being foreclosed. The Owner shall also be required to pay to the
Association any assessment against the Lot which maybecome due during the period of foreclosure,
including any and all utilify management services costs. The Association shall have the right and
power to bid at the foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent,
encumber, or otherwise deal with the same as the Owner thereof.
(7) Personal Oblieation of Owner. The amount of any quarterly or
special assessment with respect to any Lot shall be the personal obligation of the Owner of such Lot.
Suit to recover a money judgment for such personal obligations shall be maintainable by the
Association without foreclosing or waiving the liens securing the Owners obligation hereunder. No
Owner may avoid or diminish such personal obligation by waiver of the services to be provided
hereunder or by the abandonment of such Owner's Lot or any improvements thereon.
(8) Insurance. The Association shall maintain such insurance policies
in such amounts as it deems adequate and appropriate covering all of the common interests and
activities of the Association, its directors and otficers. The insurance coverage shall include all of
the Association's interests in and to the Common Areas and all improvements thereon, the roads,
rllJur uLllHlil! ill!;l! lIltuuLllllll$tu'i-Ii-zs-n lzs.ss o o.oo cRRFIELD couNTY c0
ditches, ponds, easements, boat ramp, river cabin, bridges, gates ancl security systems, and all other
physical improvements installcd, irnproved, maintainecl or rnanagecl by the Association. The
Association may maintain errors and omissions insurance for its officers and directors in addition
to liability and casualty insurance coverage, all of which shall be assessed to the Owners as a
common expense of the Association.
5. Lot Development Regulations.
(a) BuildineEnvelopes.
(1) Number and Location of Builclings. No buildings or structures
shall be placed, erected, altered or permitted to remain on any Lot other than one (l) single-family
drvelling house, including an attachecl garage, an accessory d',veliing unit (which may be subject to
County review and approval), and the f,ollowing permissible accessory components or buildings or
structures.
One (l) guest house;
One (1) detached garage;
, (iii) Otherbuildings within :ach Building Envelope depicted
the.MasterPlatapprovedbytheArchitecturalCommittee;anci
: (iv) Fencing and other non-residential irnprovements outside
of the Building Envelopes as may be permitted by the Architectural Committee.
Nothing herein shall preclude separate kitchen facilities in a single-family dwelling
house and in any guest house or structure. The building site plans for all such buildings and
structures shall be subject to approval by the Architectural Committee. In approving or disapproving
the building site plans, the Architectural Committee shall take into consideration the number of
buildings or structures, the locations and heights with respect to topography and finished grade
elevations, the effect thereof on the native setting and surroundings of the Prehm Ranch, and any
impact on views and privacy of the Lots. If the Architectural Committee shall be of the opinion that
the placing of a single-family dwelling together with all of the accessory buildings or structures
authorized herein on a Lot would not be in keeping with the overall purpose of these covenants, the
Architectural Committee, in addition to its other powers and duties hereunder, shall have the
authority to limit the number of permitted accessory buildings or structures on any Lot.
(2) Principal Residence to be Constmcted First. No guest house,
garage or other outbuildings shall be constructed on any Lot until after commencement of
construction of the principal dwelling house on the same Lot, except as otherwise specifically
pen:ritted by the Architectural Committee. All construction and alteration work shall be prosecuted
diligently, and each building, structure or improvements which are commenced on any Lot shall be
entirely completed within eighteen ( I 8) months after commencement of construction.
(i)
(ii)
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6
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O.OA GRRFIELD COUNTY CO
(3) Setbacks. All buildings and structures on all residential Lots in
the Prehm Ranch shall be set back at least fifty (50) feet flrom the side Lot lines as shown on the
Master Plat.
(4) No Resubdivision. No Lot in the Prehm Ranch shall ever be
resubdivided into smaller lots nor conveyed or encumbered in any less than the full original
dimensions as shown on the recorded plats; provided that conveyance or dedications of easements
for utilities or private roads may be made for less than all of a Lot, subject to the approval of the
Architectural Committee.
(5) Combining Lots. If trvo (2) or more contiguous Lots are owned
by the same Owner or Owners, they may be combined into one (l) Lot by means of a written
document executed and acknowledgcd by all of the Owners thereof, approved by the Architectural
Committee and the Association, and recorded in the real property records of Garfield County,
Colorado. Thereafter, the new and larger Lot shall be considered as one (l) residential Lot for all
of the purposes of these Covenants.
(6) ShinyMetal Roofs. Towers and Antennae. No shiny metal roofs,
no towers, and no exposed or outsider radio, television or other electronic antennae shall be allowed
or permitted to remain on any residential lot in the Prehm Ranch, except for satellite dishes not more
than eighteen ( l8) inches in diameter approved by the Architectural Committee.
l
: (7) Trees and Landscaping. Except for such clearing, cutting or
altering of trees and bushes and othernatural vegetation growing on a Lot as is necessary to be done' .
in connection with construction of improvements or landscaping previously approved in writing by
the Architectural Comrnittee, there shall be no further cutting or altering of trees or bushes or other .,
natural vegetation growing on any Lot, and no further landscaping thereof, if such cutting or altering
or landscaping would change or alter the natural growth and native setting of the Prehm Ranch,
except as may be authorized in writing by the Architectural Committee.
(8) Tanks. No elevated tanks of any kind shall be erectecl, placed or
permitted upon any Lot. Any tank used in connection with any dwelling house or other structure on
any Lot, including tanks for storage of gas or water, shall be buried or if located above ground, the
location and screening shall be as determined by the Architectural Committee.
(9) Used or Temporary Structures. No used or previously erected or ,
temporary house, structure, house trailer or nonperrnanent outbuilding shall ever be placed, erected
or allowed to remain on any Lot except during construction periods, and no dwelling house shall be
occupied in any manner prior to its completion. No moduiar or mobile homes may be installed or
kept on any Lot.
(10) Exterior Lighting and Sound. All exterior lights and light
standards, and all exterior sound generating or emitting systems on Lots shall be approved by the
Architecfural Committee fbr harmonious development and the prevention of lighting and sound
nuisancestootherLotswithinthePrehmRanch. Noloud,offensiveorotherdisturbingordisruptive
activities shall ever be allowed or permitted or tolerated on any lands within the Prehm Ranch.
7
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(l l) Off-Street Parking. No dwelling house shall be constructed on
any Lot unless there is concurrently constructed on the same Lot adequate ofI-street parking area for
at least six (6) automobiles, including garage areas.
(12) Fences. It is the general intention that ali perimeter fencing
"vithin the Prehm Ranch have a continuity of appearance in keeping with the native setting and
surroundings of the Prehm Ranch. The term "perimeter fencing" is defined to mean fences along
or near Lot lines or fencing not connected within a building or structure. AII perimeter fencing shall
be of a non view obstructing ranch type rail nature not exceeding six (6) t'eet in height, and shall be
approved by the Architectural Committee. Interior fences, screens or walls which are associated or
connected rvith a building or structure and located within Building Envelopes may be of such other
design, material and height as may be approved by the Architectural Committee.
(13) Vehicles/Recreational Vehicles. No inoperable or wrecked
vehicles shall ever be stored or maintained on any Lot, unless such vehicle is completely screened
from view from all roads, Common Areas and other Lots. No recreational vehicles, campers,
trailers, snowmobiles, all terrain vehicles or similar vehicles shall be stored on any Lot unless such
recreational vehicle is garaged or otherwise screened from view from roads, Common Areas and
other Lots.
. (i4) Nuisances, No Owner or any family member, guest or invitee
of any Owner shall carry on any noxious or offlensive activities or allow any nuisance to exist on any
Lot or engage in "any activity which may constitute a nuisance or unreasonable annoyance to the
Owners of Lots within Prehm Ranch. No fire arms shall be discharged within Prehrn Ranch, except
in circumstances of self-defense, and no hunting shall be allowed, except where necessary to
eradicate dangerous wildlife, and then only in accordance with such regulations as may be adopted
from time to time by the Colorado Division of Wildlife or the Association.
(b) Utilities.
(l) Underground Utililv Lines. All water, gas, electrical, telephone
and other electronic lines and all other utility lines within the limits of the Prehm Ranch must be
buried underground and may not be carried on overhead poles nor above the surface of the ground,
except such electrical, telephone and other electronic lines as may then be installed overhead or
above the surface within easements held by third party utility providers as platted and such other
electrical, telephone and other electronic lines to be built which, in the sole and exclusive judgment
of the Architectural Committee do not constitute a violation of the intent of these protective
covenants.
(c) General Restrictions on All Lots.
(l) Zoning Regulations. No lands',vith the Prehm Ranch shall ever
be occupied or used by or for any structure or purpose or in any manner which is contrary to the
applicable zoning and use regulations validly in force from time to time.
(2) No Minine. Drilling or Ouarrying. No mining, quarrying,
tunneling, excavating or drilling for any substances within the earth, including oil, gas, minerals,
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gravel, sand, rock and earth, but excluding water, shall ever be permitted within the limits of the
Prehm Ranch.
(3) No Business Uses. No Lots rvithin the Prehm Ranch shall ever
be occupied or used for any commercial or business purpose nor tbr any noxious activity, and
nothing shall be done or permitted to be done on any of said Lots which is a nuisance or rnight
become a nuisance to the Owner or Owners of said Lots. The restriction herein containecl against
commercial or business use shall not be construed to apply to fhcilities owned and maintained by the
Prehm Ranch Owners Association for the use of its members or their guests, nor shall it preclr.rde
home offices which do not result in public access to Prehm Ranch.
(a) Signs. With the exception of one"For Sale" sign (which shall not
be larger than (20 x 26 inches) and except for signs identifying each Lot and its Owner and entrance
gate signs in style and design approved by the Architectural Committee, no advertising signs,
unsightly objects or nuisances shall be erected, altered or permitted to remain on any lands with the
Prehm Ranch.
(5) Animals. Owners, their guests and lessees of Lots within the
Prehm Ranch may have ordinary household pets so long as such pets are disciplined and do not
constitute an undue annoyance to other Owners of Lots. The Architectural Committee shall have
the power to require any Ovrner or lessee to remove any household pet belonging to it which ir' not
disciplined or which constitutes an undue annoyance to other Owners or lessees. The Architecmral
Committee may authorize the keeping ofhorses or other animals in the Prehm Ranch so long as there
is, in tlre opinion of the Architectural Committee, sufficient pasture and other approved facilities to
accomrnodate the keeping of such horses or other animals.
(6) Service Yards and Trash. All clothes lines, equipment, service
yards or storage piles on any Lot shall be kept screened by adequate planting or fencing so as to
conceal them from the view of neighboring Lots and driveways and access roads. All rubbish and
trash shall be removed from all Lots and shall not be allowed to accumulate and shall not be burned
thereon except in burners approved by the Architectural Committee as to location, design, materials
and construction, and except at such hours of the day as shall be established by the Architectural
Committee.
(7) Road Damages. In the event of any road damage resulting from
the useor construction activities of anyLot Owner, such Owner shall be responsible for ali costs
associated with maintaining and repairing such damage or replacing any element of the road system
including, without limitation, road surfaces, drainage ditches and culverts, bridges and gates. This
obligation to repair damage shall not apply to ordinary wear and tear arising out of the use of the
road systems within Prehm Ranch in accordance with their intended purposes.
(8) Drainage Control. All development activities on all Lots shall
be undertaken so as to properly control site drainage and to avoid the introduction of pollutants,
including silt, dirt and debris into the Roaring Fork River, Four Mile Creek, the Common Area
ponds, the irrigation ditch system or onto other Lots. Silt t.ences shall be required between all
construction areas and all water courses and the ponds in the discretion of the Architectural
Committee.
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(d) Architeclural Comrnittee.
(l) Architectural Committee. The Architecturtrl Comrnittee shall
mean the Board of Directors of the Prehm Ranch Owners Association, Inc. as said Board of
Directors is presently constituted and shall be constifuted from time to time in the future or
Committee members appointed from time to time by the Board of Directors. Said Architectural
Committee shall have and exercise all of the porvers, duties and responsibilities set out in this
instmment. Architectural Committee members may, but need not be, Owners.
(2) Approval byArchitectural Committee. No improvements of any
kind, including but not limited to dwelling houses and structures, barns, stables, outbuildings,
swimming pools, tennis courts, ponds, parking areas, fences, walls, garages, drives, antennae, flag
poles, curbs and walks, shall ever be erected, altered or permitted to remain on any lands with the
Prehm Ranch, nor shall any excavating, clearing or landscaping be done in conjunction therewith
on any lands within the Prehm Ranch, unless complete architectural plans and specifications and a
site plan showing the location and orientation thereof and proposed site improvements, grading and
clearing plans fbr such erection or alteration and landscaping are approved by the Architectural
Committee prior to commencement of such work. The Architectural Committee shall consider the
materials to be used on the external features of said buildings or structures, includiry exterior colors,
harmony of extemal design with existing structures within the Prehm Ranch, lot:ation a.nd height
with respect to topography and finished grade elevations ,and harmony of lancscaping with the
natural setting and native trees, brushes and other vegetation within the Prehm Ranch. The complete
architectural pldns and specifications must be submitted in a.t least two (2) complete sets, and must
include at least four (4) different elevation views. One ( I ) complete copy of plans and specifications
shall be signed for identification by the Owner and left with the Architeclural Committee. In the
event the Architectural Committee fails to take any action within forty-five (45) days after complete
architectural plans for such work have been submitted to it, then all of such submitted architectural
plans shall be deemed to be approved. in the event the Architectural Committee shall disapprove
any architectural plans, the person or legal entity submitting the same may appeal the matter at the
next annual or special meeting of the members of the Prehm Ranch Owners Association, where an
affirmative vote of at least a majority of the members' votes entitled to be cast at said Members'
meeting shall be required to change the decision of the Architectural Committee,
(3) Variances. Where circumstances, such as topography, soil
conditions, location ofpropertylines or Building Envelopes., location of trees and brush, or other
matters require, the Architectural Committee, by an affirmative vote of a majority of the members
of the Architectural Committee, may allow reasonable variances as to any of the covenants and
restrictions contained in this instrument and may allow reasonable modifications in the placement
of utilities outside the easements reserved on the Master Plat on such terms and conditions as it shall
require; provided that no such variance shall be finally allowed until thirty (30) days after the
Architectural Committee shall have mailed a notice of such variance to each member of the Prehm
Ranch Owners Association. In the event members representing fifteen percent (15%) or more of the
votes entitled to be cast at the last preceding annual meeting of the members of the Prehm Ranch
Owners Association (as determined by the votes entitled to be cast at said last preceding annual
meeting ) shall notift the Architectural Committee in writing of their objection to such variance
within said thirty (30) day period, the variance shall not be allowed until such time as it shall have
l0
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been approved by an affirmed vote of at least a majority of the votes entitled to be cast at an annual
or special meeting of the members of the Prehm Ranch Owners Association.
(4) General Requirements. The Architechrral Committee shall
exercise its best judgment to see that all improvements, construction, landscaping and alterations on
the Lots within the Prehm Ranch conform and harmonize with the natural surroundings and with
existing structures as to extemal design, materials, color, siting, height, topography, grade ancl
finished ground elevation. The Architectural Committee shall protect the surrounding and natural
view of each Lot insofar as reasonably possible in the development of the Prehm Ranch pursuant to
these covenants.
(5) Preliminary Approvals. Any person or legal entity who
anticipates constructing improvements on lands with the Prehm Ranch, whether they already own
a Lot or are contemplating the purchase of such Lot, may submit preliminary sketches of such
improvements to the Architectural Committee for informal and preliminary approval or disapproval.
All preliminarysketches shall be submitted in at least two (2) sets, shall contain a proposed site plan
and shall contain suffrcient general information on all the aspects that will be required to be in the
complete architecfural plans and specifications to allow the Architectural Committee to act
intelligently and give an informed and preliminary approval or disapproval. The Architectural
Committee shall never be finally committed or bound by any preliminary or informal approval or
disapproval until such time as complete architectural plans are submitted and approved or
disapproved.
(6) Architectural Plans. The Architectural Committee shall
disapprove any architectural plans submitted to it which are not sufficient for it to exercise the
judgment required of it by these covenants. :.
(1) Architectural Committee Not Liable. The Architectural
Committee shall not be liable in damages to any person or other legal entity submitting any
architectural plans for approval, or to any Owner or Owners of Lots within the Prehm Ranch, by
reason of any action, failure to act, approval, disapproval or failure to approve or disapprove, with
regard to such architectural plans. Anyperson or other legal entity acquiring the title to anyproperty
in the Prehm Ranch, or any person or other legal entity submitting plans to the Architectural
Committee for approval, by so doing does agree and covenant that he or it will not bring any action
or suit to recover damages against the Architectural Committee, its members as individuals, or its
advisors, employees or agents.
(8) Written Records. The Architectural Committee shall keep and
safeguard for at least five (5) years complete permanent written records of all applications for
approval submitted to it (including one (l) set of all preliminary sketches and all architectural plans
so submitted) and of all actions of approval or disapproval and all other actions taken by it under the
provisions of this instrument.
(e) Description of Lots. All Lots r,vithin the Prehm Ranch shallbe described
( l) With respect to Lots l, 2 and 3:
ll
as follows:
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Lot _,
THE PRESERVE AT PREHM RANCH,
As depicted on the Prehm Ranch Exemption Plat recorded in the real
estate records of Garfield County on June 13, 2001, in Book 1260 at
Page 358 as Reception No. 582501, the First Arnended Prehm Ranch
Exernption Plat recorded in the real estate records of Garheld County
on August 30,2001, in Book l28l at Page744 as Reception No.
587388 and the Master Plat for The Preserve at Prehm Ranch
recorded in the real estate records of Garfield County on September
_, 2001 as Reception No. _,
County of Garfield,
State of Colorado.
(2) With respect to Lots 4,5,6,7 and 8:
Lot _,
THE PRESERVE AT PREHM RANCH,
As depicted on the Master Plat for The Preserve at Prehm Ranch
recorded in the real estate recbrds of Gartield County on September
_," 2001 as Receptioq No. _,
. County of Garfield,
State of Colorado.
6.
(a) Private Water Wells. Each Lot shall be connected to and provided with
water service from a private water well to be developed, owned and operated by the Owner of each
Lot pursuant to well permits acquired by Declarant and assigned to each Lot Owner.
(b) Domestic Water. Declarant has received permits and approvals to
construct domestic water wells on each of the Lots. The wells, well permits and welI equipment
shall be held in the name of each Lot Owner. All maintenance, operation, repair and well costs
associated with the development and delivery of water to the separate Lots shall be a separate
obligation of the Owners of such Lots. Each wellpermit appurtenant to the Lots allows tbr a limited
amount of irrigation water which shall first be used by the Lot Owners to the full extent permitted
before any irrigation water owned by the Prehm Ranch Owners Association may be utilized to
irrigate the individual Lots.
(c) Irrigation/Fire Protection. Each Lot shall be entitled to utilize imgation
water available fiom the ditches and/or ponds depicted on the Master Plat and the Common Areas
Plat for irrigating the Lots in accordance with rules and regulations established by Declarant and the
Association. In addition, each Lot shall be entitled to utilize ponds and inigation water for fire
protection. All ditch rights and ditch water associated with the Prehm Ranch shall be owned by the
Prehm Ranch Owners Association for the benefit of all Owners.
12
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(d) Easements tbr Access. Each Owner of a Lot shall be deemed to have an
easement for access across the roads of the Prehm Ranch and along all ditches and pipelines used
fbr the delivery of water to the ponds and irrigation water delivery systems for purpose of
effectLrating the delivery of irrigation and fire protection water. Such easement for access shall be
deemed to include the right to install underground irrigation pipes within all road and utility
easements depicted on the Maser Plat fbr the purpose of delivering irrigation water to the separate
Lots, subject to the approval of the Prehm Ranch Or,vners Association and the Architectural
Committee, and subject to the availability of irrigation water.
7. Prehm Ranch Roads.
(a) N[ain Access Road/County Road 153.
( I ) The main access road serving Prehm Ranch is the extension of
County Road 163 entering the Ranch from the north as depictecl on the Master Plat traversing the
Ranch to the bridge area over Four Mile Creek. The main access road is available for the use and
enjoyment of the Lot Owners, their family members, guests, tenants, invitees, contractors and others
accessing the Lots or providing or delivering services or goods to the Lots. Within the main access
road, as depicted on the Master Plat, each Owner is granted a non-exclusive easement for access to
and from their Lots and all Common Access areas and for the location of utility lines in common
with all other Owners.
(2) The costs of maintaining and repairing the main access road is
a common expense of all Owners to be assessed by the Prehm Ranch Owners Association, which
shall have the exclusive right and responsibility for the maintenance and repair of the main access
road. The Prehm Ranch Owners Association may contract with third party service suppliers for
plowing and maintenance and repair services and, specifically, may contract with Garfield County
for plowing services allowing County trucks to utilize the turnaround depicted on the Master Plat
on Lot 4 for snow plowing.
(b) Prehm Ranch Road South of Four Mile Creek.
( 1) The extension ofthe Prehm Ranch Road south ofFour Mile Creek
shall be limited access for the use and enjoyment of the Owners, their family members, tenants and
guests. The access south of Four Mile Creek shall be available tbr the use of Lot 8, and the Owner
thereof, and the Association by construction, delivery and service vehicles. The extension shall
remain an unpaved ranch road used primarily for access through the Ranch and as secondary access
to public roads in the Westbank Subdivision to the south. Such limited access shall preclude the use
of the Prehm Ranch Road extension entrance into Westbank SLrbdivision by construction vehicles,
delivery vehicles or service vehicles, except by Lot 8. A gate shall be rnaintained at the south end
of the Prehm Ranch Road extension which shall be kept closed and may include security f-eatures
limiting access to authorized individuals and emergency vehicles. The extension of the Prehm
Ranch Road shall not be a public thoroughfare.
l3
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(2) The maintenance and repair of the Prehrn Ranch Roacl extension
south of Four Mile Creek shall be the responsibility of the Prehm Ranch Owners Associzrtion, ancl
the costs thereof shall be assessed to all Lot Owners as a common expense.
(3) The south access to Oak Lane has been created subject to that
certain Reciprocal Access Easement Agreement recorded in the real estate records of Garfield
County on September 4,2001in Book 1283 at Page79 as Reception No. 587702 ancl limits the use
of the south access to Owners and their guests.
(c) Driveway Accesses.
(l) All driveway accesses shall be deemed private property
appurtenant to each Lot (r:xcept where Common Areas overlay such driveways) and shall be
maintained in good condition and rep-air by the Owners of the Lots served by such driveways. With
respect to the Lot I driveway off of the river access road, the Owner of Lot I shall be responsible
for the driveway extension onto Lot l, and the Prehm Ranch Owners Association shall bear the
responsibility for maintenance and repair of the river access road, including that part of the road on
Lot 1. Notwithstanding the foregoing, the Prehm Ranch Owners Association is granted a non-
exclusive right of access on eachprivate driveway fbr emergency access, utility access and tbr access
to all Common Access areas and to all Common Amenities.
8. esloxoon4rgas.
(a) Roarine Fork River Access.
sha, be maintained u, co*,,,#l#,:Hf,1rjJl XH'"::::X::::L'Hit'LlltlT*"1i:1:
within the Prehm Ranch and their family members and guests as depicted on the Common Access
Plat, and is generally described as follows:
From Four Mile Creek downriver to the north property boundary of
Prehm Ranch, the area within and along the Roaring Fork River and
on the banks thereof above the edge of the water.
From Four Mile Creek south along Lot 7 in the area of the Building
Envelope, the area within the Roaring Fork River.
From the southern boundary line of Lot 7 to the southern property
boundary of Prehm Ranch, the area within and along the Roaring
Fork River and the banks thereof five (5) f'eet above the edge of the
water.
All of the area on the east side of the Roaring Fork River.
(2) The Common Access along the Roaring Fork River shall be
limited to recreational and fishing uses. All fishing shall be with flies and artificial lures, with
barbless hooks and shall be "catch and release" only. Fishing with bait and barbed hooks shall be
t4
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588989 09/25/2001 OL:06P 81289 P545 l'l RLSD0RF
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limited to access within
Plat.
prohibited as shall be the intentional killing of fish, with the exception of rvhite fish, which may be
harvestecl in accorclance with regulations promulgated by the Colorado Division of Wildlife.
(3) The Common Access along the Rozrring Fork River shall be
maintained in as pristine and nafural a condition as reasonably possible. Use oimotor vehicles shall
be prohibited except in areas specifically designated by the Prehm Ranch Owners Association from
time to time. No improvements shall be constructed, including rvithout limitation fences,
landscaping and other alterations of the natural terrain, except as specifically permitted by these
Covenants or with the consent of the Architectural Committee.
(a) The Prehm Ranch Owners Association, through the Declarant or
the Board of Directors, may from time to time promulgate and entbrce rules and regulations
governing the use, care ancl maintenance of the Roaring Fork River Common Access, which rules
and regulations may include, without limitation, the designation of "beats" or tishing areas, the use
of a badge or other system to identifz anglers authorized to utilize the Common Access area, the
limitation on numbers of fishermen or schedules for sharing the Cornmon Access, and such other
rules and regulations as maybe desirable to protect and preserve the Common Access as a first class
recreational fishery.
(b) Four Mile Creek Access.
(l) Access on Four Mile Creek through the Prehm Ranch shall be
Four Mile Creek and along its banks as designated on the Common Area
" (2) As with the Common Access along the Roaring Fork River, the
Declarant or the Board of Directors of the Prehm Ranch Owners Association may promulgate and
enforce such rules and regulations as maybe desirable to protect and preserve the Common Access
Areas as" a first class recreational fishery.
(c) River Cabin.
(l) As part of the Prehm Ranch development, a non-residential river
cabin is constructed on a portion of Lot 6 along the Roaring Fork River toward the north end of the
Ranch, as depicted on the Master Plat and the Common Access Plat. The river cabin is a common
amenity for use and enjoyment by Lot Owners, their families and guests. The Declarant or the Board
of Directors of the Prehm Ranch Owners Association may promulgate rules and regulations
regarding the use and enjoyment of the river cabin, which rules and regulations may include, without
limitation, a system for scheduling use of the river cabin, appropriate uses fbr the river cabin, hours
of use, and Owners' obligations with respect to the river cabin.
(2) The general costs of maintaining and repairing the river cabin in
good condition, suitable for use and enjoyment by the Owners, their families and guests, shall be a
common expense assessed to all Owners of Lots. The Declarant or the Board of Directors of the
Prehm Ranch Owners Association may establish from time to time fee schedules to cover the costs
of cieaning or damage resulting from Owners'use of the river cabin, fbr permitted special events,
l5
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588989 09/25/2OOl OL;OBP B12Eg P546 Il RLSD0RFt7 ol 25 R l25.OO O 0,04 GRRFIELD COUNTY C0
for large groups and for other purposes including, without limitation, repairing damage resulting
frorn abuse or neglect of the river cabin by any Owner, tamily member or guest.
(d) Boat Ramp/Parkine Area.
( I ) Located on the north end of Lot 6 and as depicted on the Conrmon
Area Plat for The Preserve at Prehm Ranch is a driveway, parking area and boat ramp traversing Lot
I and terminating on Lot 6. These improvements are fbr the use and enjoyment of Lot Owners, their
families and guests and may be utilized by professional fishing guides when providing guide
services, a family member or a guest. The boat ramp shall not be available for public use.
(2) Parking at the river cabin/boat ramp parking area shall be
associated with the use and enjoyment of the river cabin, the Common Access areas along the
Roaring Fork River, and tbr vehicles and trailers used in connection with floating on the Roaring
Fork River. Storage and long-term parking in the parking area are prohibited except in accordance
with rules and regulations of the Prehm Ranch Owners Association.
(3) Declarant or the Board of Directors ofthe Prehm Ranch Owners
Association may promulgate rules and regulations regarding the use of the river access driveway,
par\fng area and boat ramp, which may include, without limitation,.a vehicle identification system,
hours or schedules for use and parking restrictions
; " /^\ n^-r^: (e) Ponds' :
(l) The Master Plat of Prehm Ranch depicts two (2) ponds located
on Lots I and 2. There shall be Common Access and an easerirent for the benefit of all Owners and
the Association to such ponds extending approximately twenty-five (25) feet around the north ane
east sides of the ponds and such additional areas as are depicted on the Common Area Plat for The
Preserve at Prehm Ranch from the water line around the ponds as depicted on the Common Access
Plat. The ponds shall be maintained by the Prehm Ranch Owners Association for recreational
fishing, which may include the harvesting of fish in accordance with rules and regulations
promulgated by the Prehm Ranch Owners Association and/or the Colorado Division of Wildlife.
(2) The costs of maintaining the ponds, including the costs of
stocking fish and delivering water, shall be a corlmon expense assessed to all Lot Owners. The
Declarant or the Prehm Ranch Owners Association may promulgate rules and regulations governing
the use of the ponds for recreation, fishing, irrigation and other purposes.
(0 The Upper Meadows Area. The Upper Meadows Area of Prehm Ranch
is located on Lot 4 and is provided with access from the common ranch road system via an old ranch
road as depicted on the Common Areas Plat for The Preserve at Prehm Ranch. An easement for the
use of the Upper Meador,vs Area and the access is hereby granted for the use and enjoyment of all
Owners, family member and guests. The use of the Upper Meadows Area shall be subject to rules
and regulations promulgated by the Association and may including, without Iimitation, the right to
install fencing, non-residential buildings, ponds, barns and other improvements as described herein
and subject to the approval of the Owners.
l6
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(g) Association Improvements on Common Areas. The Association may
install improvements on the Common Areas, including withor.rt limitation t-encing, builclings, barns,
ponds, irrigation facilities, gates, securitysystems, lighting, gazebos, picnic facilities, trails, paths
and landscaping, all for the use, benefit and enjoyment of the Owners, f-amily members and guests.
The costs of installing, maintaining, repairing and insuring all such improvements shall be a common
expense of all Owners assessed to the Lot Olyners as provided in this Master Declaration. The
Association shall be obligated to maintain and repair all improvements to Common Areas in a safe
condition, consistent with the objective of at all times maintaining the Prehm Ranch as a first class,
recreationally oriented property. Before any improvements are constructed in any Common Area,
the cost of which would exceed $25,000.00 in any year, the Association shall tirst obtain the
approval for such improvements along with the budget therefor from the Owners, rvhich approval
shall require an affirmative vote of not less than two-thirds (Ta) of the Lot Owners. This limitation
on expcnditures shall not apply to maintenance and repairs to the improvernents installed upon the
Common Areas or to the Common Areas.
9. Limitations on Use and Enjoyment of Common Areas. Accesses and
Amenities/Reserved Rights.
(a) None of the rights to use and enjoy the Common Areas, access and
coillmon amenities may ever be conveyed by any Lot Owner to any third party or othenvise severed
from the Lots. The right to use and enjoy the Common Areas, accesses and common amenities is
appurtenant to the ownership of a Lot or Lots and may be exercised only by I ot Owners, their family
members and guests. Lot Owners may lease to third parties their residences as constructed on the
Lots and grant to such lessees the right to use and enjoy Common Accesses and Common Amenities
in accordance with these Covenants and the rules and regulations promulgated by the Prehm Ranch
Owners Association, which may place restrictioris or limits on non-owners. Lot Owners inay not
lease the right to use and enjoy Common Areas, accesses or cofitmon amenities except in conjunction
with a lease of the principal residence on their Lot. In the event an Owner constructs a permitted
caretaker unit or guest house on a Lot, the occupants ofthe caretaker unit or guest house shall be
deemed "guests" of the Owner forpurposes of use and enjoyment of Common Areas, accesses and
cornmon amenities, but such occupants shall not be permitted to extend such use and enjoyment to
third parties.
(b) Notwithstanding the foregoing, the principal of Declarant, A.A. "Tony''
Lawson (and his designated heir), and certain individuals who have served in the capacity of advisors
to, officers of and participants with the Declarant in the establishment of the Prehm Ranch project
shall have perpetual, permanent rights to use and enjoy the Roaring Fork River Common Areas and
accesses, the Four Mile Creek Common Area, and the river access road, boat ramp and parking area,
all as depicted on the Master Plat and the Common Areas Plat for The Preserve at Prehm Ranch and
always in accordance with this Master Declaration. In addition, A.A. "Tony" Lawson (and his
designated heir) shall have the perpefual right to the use and enjoyment of the river cabin. The
individuals to whom Declarant hereby grants such perpetual rights of use and enjoyment are Timothy
D. Heng, Robert Jacobson, Richard Y. Neiley, Jr. and Jackson Streit. The perpetual rights granted
hereunder shall be personal to the individuals named herein and may not be assigned, conveyed or
leased to any third parry. The rights may only be exercised by the identified individuals and not
more than two (2) accompanied family members or guests. The individuals named herein shall not
be subject to assessment of common expenses for the use and enjoyment of the Common Areas, the
t7
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river access drive and boat ramp, but may be held liable by the Prehm Ranch Owners Association
for any damage caused in the course of such use and enjoyment. Each of the individuals iclentified
herein shall be deemed to have rvaived and released the Declarant and Prehm Ranch Orvners
Association and all Owners tiom any liability, Ioss or damage lvhich may be suff-erecl as a
consequence of the use and enjoyrnent of the Common Areas, river access drive and boat ramp and
which relate to the natural conditions on the Prehm Ranch or the improvements installed or
maintained by Declarant, Lot Olvners or the Prehm Ranch Owners Association. The use and
enjoyment ofthe Common Areas, the river access drive and the boat ramp (and, as to A.A. "Tony"
Lawson, the river cabin) shall be subject to the rules and regulations adopted by the Prehm Ranch
Owners Association applicable to ali Lot Owners, their family members and guests.
10. Reserved Riehts of Declarant.
(a) Undivided Interests. With respect to an.v Lot owned by Declarant, the
Declarant reserves the right to create, market and manage undivided olvnership interests which may
be subject to contractually entbrced rules and regulations regarding use, occupancy ancl
transferability. The use and ownership of each undivided interest shall be subject to the provisions
of this Declaration, including the requirement that each undivided interest be owned by a member
of the Association described herein. Except as provided herein, no Olvner other than the Declarant
shall have the right to create such undivided ownership interests without the prior written approval
of Declarant.
,
(a) Maintenance. Declarant reserves for itself, its successors or
assigns, and for the use and benefit of Owners and the Prehm Ranch Owners Association a blanket
easement across and upon each Lot, outside of the Building Envelopes shown on the Master Plat,
for the performance of maintenance or repair to common utility facilities, irrigation and drainage
systems, paths, common areas and facilities, and for the use of such facilities by Owners, family
members and guests.
(2) Access and Utilities.
(i) Declarant shall establish and maintain specific access
easements over, across or under designated portions of the Prehm Ranch for the use and benefit of
the Owners, utility providers, and for law enforcement, fire and other emergency personnel and
equipment. Declarant reserves to itself and the Association the right to relocate and reconstruct such
easements from time to time in order to serve the best interests of all Owners and the Declarant, so
long as such relocation and reconstruction does not unreasonably interfere with or restrict an
Owner's access to such Owner's Lot or the Owners' use and enjoyment of their respective Lots.
(ii) Each Owner of a Lot as depicted on the Master Plat shall
be entitled to the use and enjoyment of the common roads depicted thereon connecting the Prehm
Ranch to the public right-of-way provided by County Road 163. An access easement is specifically
granted to all Owners of Lots along all roads depicted on the Master Plat (excluding individual
driveways, except where such driveways depict common access on the Common Area Plat for The
Preserve at Prehm Ranch) for purposes of ingress and egress, utilify connections, emergency access
l8
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and all other purposes reasonably necessary to etfectuate the use and development of all of the Lots
for residential purposes.
(iii) Each Orvner of a Lot shall be subject to assessments for
the maintenance and repair of the access roads connecting their lots to the public rights-of-lvay and
the Common Areas. Declarant, the Prehm Ranch Owners Association and all Owners agree to
rnaintain and repair the access roads so as to provicle emergency vehicle access in accordance with
the requirements of Garfield County, the Glenwoocl Springs Fire Department, any fire protection
district with jurisdiction over the Lots, and reasonable health and safety standards as may be adopted
by the Declarant, the Prehm Ranch Owners Association or any govemmental agency with
jurisdiction over the Lots, from time to time. Maintenance and repair shall be deemed to include
snow removal, dust suppression, surface and subsurrtace repairs and other matters reasonably related
to the preservation arrd maintenance of adequate, safe access to all Lots.
(c) Reconfiguration of Lots. Declarant reserves the absolute right to
reconfigure the shape and dimensions of each Lot over which Declarant retains ownership. The
reconfiguration shall be accomplished by the recording in the Garfield County records ofan amended
plat for the Prehm Ranch.
(d) Conservation Easement. The Declarant may impose a Conservation
Easement on a portion of the Piehm Ranch located east of the Roaring Fork River within the
boundaries of Lot 6, which is comprised of approximately three and one-half (3 %) acres of land.
Such Conservation Easement may limit or eliminate the use of such properfy on the east side of the
Roaring Fork River as a Com'mon Area.
(e) Convevance of Land. Declarant reserves the right to convey the portion
of Prehm Ranch located east of the Roaring Fork River to third parties not Owners of Lots in
settlement of any claims of adverse possession thereon or in exchange for other properties adjacent
to the Prehm Ranch. In the event of such conveyance, the Owners' rights to use or access the portion
of Prehm Ranch east of the Roaring Fork River as a Common Area may be limited or eliminated.
I l. General Provisions.
(a) EnforcemenVAttorneys' Fees.
(l) Enforcement by Declarant. The provisions contained in this
Master Declaration shall run with each of the Lots within the Prehm Ranch the land benefitted and
burdened thereby. These provisions may be enforced by the Declarant and the Association . Each
Owner by acquiring an interest in a Lot irrevocably appoints the Declarant and the Association as
such Owner's attorney-in-fact for the purpose of enforcement. Violation of any of the provisions
herein contained shall give the Declarant and the Association the right to enter upon that portion of
a Lot wherein said violation or breach exists and similarly to abate and remove, at the expense of the
Owner, any structure, thing or condition that may be or exist thereon contrary to the provisions
hereof when a clear and imminent danger or emergency exists; to prosecute a proceeding at law or
in equity against the person or persons who have violated or are attempting to violate any of the
provisions hereof to enjoin or prevent them from doing so; and to cause said violation to be remedied
or to recover damages for said violation- Every violation of this Master Declaration or any part
l9
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588989 09/25/2001, OItOBP 81289 P550 I'l RLSDORF2l of 25 R t25.OO D 4.00 GRRFIELD C0UNTY C0
thereof is hereby declared to be and to constitute a nuisance, and every public or private remedy
allowed therefor by law or equity against an Owner shall be applicable against every such violation.
In any legal or equitable proceeding for the entbrcement or to restrain the violation of this Master
Declaration or any provision hereof, the losing party or parties shall pay the reasonable attomey's
fees of the prevailing party or parties in the amount as may be fixed by the court in such proceedings.
All remedies provided herein or at law or in equity shall be cumulative and not exclusive. The failure
of the Declarant and the Association to entbrce any of the provisions of the Master Declaration shall
in no event be deemed to be a waiver of the right to do so for subsequent violations or of the right
to enforce any other provisions hereot'. At such time as the Declarant shall no longer have any
ownership interest in any Lot within Prehm Ranch, the rights of the Declarant to enforce this Master
Deciaration shall cease, and all such rights shall be deemed irrevocably assigned to and vested in the
Association and the Owners.
(2) Entbrcement by Association. Notwithstanding the right of
enforcement provided to Declarant above, the Association shall have the right, along with the
Declarant, to enforce the provisions of this Master Declaration. The Association's right to enforce
the provisions hereof shall be identical to the right of Declarant to enforce the Maser Declaration,
and the Association shall be entitled to recover its costs, including any reasonable attorneys' fees,
in the event it is the prevailing party in any proceeding for the enforcement. All fees, charges, late
charges, attomeys' fees, fines and interest incurred bythe Association resulting from its enforcement
of this Master Declaration against an Owner shall be collectible from that Owner aq an assessment
and secured by the lien described herein. ;
i-
(b) Rules and Regulations. The Declarant and the Association shall have the
right to promulgate and adopt such reasonable rules and regulations as may from time to time be
required in order to carry out the purpose and intent of these covenants.
(c) Amendment. These covenants may only be amended by the Declarant
or the Association after obtaining the written consent of the Owners of two-thirds (Ts) of the Lots.
No amendment to these covenants which would affect the use or occupancy of less than all Lots will
be effective without the prior written consent of the Owners of those Lots which are affected.
(d) Term and Termination ofCovenants. The term ofthis Master Declaration
shall be perpetual, unless terminated by the Declarant, a successor Declarant or the Association.
Declarant or the Association may only terminate this Declaration after obtaining the written consent
of the Owners of three-fourths (%) of the Lots.
(e) 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.
(f) 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.
20
Itlilrilill llllll lll llllll lllll;lililillllll ll llll
icial seal.'i/+la'iioo'/
588989 09/25/2001 OtzOBP 81289 P551 il RLSD0RF
22 ol 25 R 12a.OO g 0.00 GRRFIELD COUNTY C0
(g) Severability. Invalidity or unenforceability of any provision of this
Declaration shall not eft'ect the validity or enforceability of any other provision or valid and
entbrceable part of any provision of this Declaration.
IN WITNESS WHEREOF, Declaratit has executed this Declaration of Covenants,
Conditions and Restrictions this ' I .r-i day September, 2001.
Declarant:
MARLIN (COLORADO), LTD., a Colorado
corporation
STATE OF COLORADO )
) ss.
COLINTY OF PITKIN )
The foregoing Declaration of Covenants, Conditions and Restrictions for Prehm
Ranch was subscribed and swom to before me this{ day of September, 2001, by Timr, thy D.
Heng, as President bf MARLIN (coLoRADo), LTD, a colorado co.po.ution.
WITNESS my hand and official
ffi"r'u"t"h
;tPi:l,i;Qffry
Notary Public
2t
My
JUL-15-02 I10N 10:00 AI1 Neiley & Alder +9396 P, 02
NEILEY & ALDER
201 North Mill Street, Suite '102
Aspen, Colorado 8161 1
Hir;hard Y. Neiley, Jr.
Errgerre M. Alder
(e70) e25-e3e3
Fax (970) s2s-e396
Itly 12,2002
vtA rACslMILtJ',t'RANSMrSSrON
(970) 3n4 -5005
I)urt DcFord, BsqLrirc
Gu'fi old CourrLy Attonroy
'l01) (iifJrlh Sti'cct
(.ilcnwood Sgrriugs, CO 81601
ADLI Applioution
Iot 4, 'fho Pr'cscrvc at Prclrnr Rancl'r
l')r'lr [)rx:
'this is a tbllow-up Lo our lcleplioue confcrcncc of ycstcrday mornirrg rogurrcling the
aLrovo tttaltor, As I nrentioned irr niy loLtcr olJuly 1,2002, we believro it is ir:curnbcnt upon tho
(.'otlttlyto l)roccss Lho lppllc;rtionr:otwil.hstaudingthc issucs with Wcstbankregardiugthe Oirk Lane
ilcu&"ss. [,ot, 4 is a disctcct 35 acrc parccl thal is not inoluded in the Prclrrn l{auch subdivision
UxciLtlrtiott. Rcgattlloss of thc outcor::e of the disputcwith Wcstbarrk, Lot 4 has legat access to
(.'tltrrtty l{oatl '161. As I tr:ontionccl, wc arc at risl< of losing tho contract on Lot 4 if the ADU
applical.ion is ttot tinrcly procosscd. This ccrulcl only servo to exacelbate the ovcrall Wcstbank
tl i vllr rtc.
I1 is my uuclcrstanding l?otn onrtclcplroue conferet:ce yesterdaylhat Garlicld Couuty
rvill tttovc ahcird with tho prooessing of ths application. lt is important to havc a de Lonrrination of
rvltutltot'or not tlrc apirlication is decurccl complctc as soon as possible. Thi.s way, if tho applicant
tlccds to strlrntit ntlditioual in{bnnatiori, that issue oan bo addressed without furtho dolay. Thc
nplrlicatiort has ttotv becn Iodgcd willr the Courity siucc Junc 7, ?002. I do not think thcrc is any
bcsisirtthclarrrltrserogr.rlationsfor[hisdclay, ll'thcroadissucisnotrcsolvccl,approvirloft]rcADU
cctnlcl bo cou<lilioned on the usc of County Road 163.
FAX NO. 9 70+925o
Rc:
JUL-15-02 l10N 10:01 At1 Neiley & Alder
llYN/agk
lit tt:losttrcr
cc: Irfrrrlin (Colonrdo), l;tti.
l{.obcrt Jacottsru
Rrln Lislon
70+925+oFAX NO. g P, 039396
l.crttr:r Lqr Mr. D$lford
Jirly 1?, 2002
Ih:i,tr 2
If rrry nndcrstaltding tlrat tlrc County will proceed with the processiug of thc
applicatlorr is not corrccl. plenso lct nrc knorv irurncdiatcly,
Very truly yours,
NEILEY & ALDER
,(:n.!::'t &*", t?Aaa
Richartl Y. Ncilcy, Jr.
QUITCLAIM DEED
MARLIN (COLORADO), LTD., a Colorado corporation, whose address is c/o Neiley
& Alder, 201 North Mill Street, Suite 102, Aspen, Colorado 816i 1, for Ten Dollars ($10.00) and
orher good and valuable consideration, hereby sells and quitclaims to MARLIN (COLORADO),
LOT [,LLC, aColorado limited liability company, whose address is c/o Neiley & Alder, 201 North
Mill Street, Suite 102, Aspen, Colorado 8 1 61 1 , all its right, title and interest in and to the following
real property in the County of Garfield, State of Colorado, to-wit:
with all its appurtenances and improvements subject to liens, easements and rights-of-way of record.
See Exhibit
reference,
STATE OF COLORADO
COLINTY OF GCTRFIEID
attached hereto and incorporated herein by this
SIGNED this,Sje day of Ju|y,2002.
MARLTN (COLORADO), LTD.
E-ilc1L W
The foregoing Quitclaim Deed was acknowledged and signed before me this -,J\ 0
day of July, 2002, by Timothy D. Heng, as President of MARLIN (COLORADO), LTD.
WITNESS my hand and official seal.
My commission expires:
My Commiasircn Expires
10m3/2005
6trHs.. l rlr
i STERRA i: ROSE !a .rvE ai sHnlER n
EXHIBIT IIAII
LOT 4 PROPERfY DESCR I PT I ON
A PARCEL OF LAND SITUATED .IN THE E1/z_OF ^SECTION-54'iir ine srxTH PRINCtpnt uEntDIAN' couNTY oF GARFIELD,
i.qr.ro eE rNc NI9BE PART IcULARLY DESCR lEED AS FoLLows:
coMMENCTNG AT THE souiHEAST coRNER oF sicrtoN 54, AN ALUMINUM cAP, L.s. N0. 15710,
rouND tN PLACE; THENCE N 47'15'13" W 2704.30 FiiT TO THt POINT 0F BIGTNNING, WHENCE
THE CENTER: QUARTER CORNER OF SA|D SECTTON 34 BEARS N 11'01'14" W 1216.06 F[ET;
rHeNCf N 5f i-Z'SS" t 1475.3J FEET; THENCE N 7J'2o'31" E 419.48 FEET; THENCE
s oa'r9'48" i tZZ.24 FEIT; THENCE N 77'22'46" E 169.10 FEET; THENCE
N 06.23'1Q,,W Zle.67 FEEI; THENCE ALONG THE ARC OF A CURVE T0 THE RIGHT HAVING A
RADIUS OF 12.E.OO FEET, A CENTRAL ANGLT OF 52'17'22,,AND A DISTANCE OF 109'51 FEET
(cFioRD BEARS N 19'4s'Jl ' E 105'7s FEET); rHEfqE- | 71 '04'20" w 7s'58 FEET To A
)oir,ir- rr.r rue qgurrnlrNr or GRlsry DTTCH; THENCE LEAVTNG SAID CENTERLINE ALOr']G THE ARC
CF A CURVT TE THT LEFT HAVING A RADIUS OF 25.05 FEET, A CINTRAL ANGLE OF 1OB'42,21,'
aNo a DtSTANqL.Ci cl.s3 FEET (CH9RD BTARS N 3s'J2'36' E 40.71 FitT); THENCE
ru''ia.+e,i+" tit-iS.JB pEET; rtE1.rce ALoNG THE ARc oF A cURVE To rHE RIGHT HAVII'JG A
RADIUS OF 269.E7 FEET, A CENTRAL ANGLE OF 25'24'46,,AND A DISTANCI OF 119'70 TEET
f cHoio eEaR$r.l 06.06'il' w 11a.72 FEqr)_To A.-PqlNT oN THE WESTERLY RIGHT-oF-WAY oF
inr colonAD+MIQLAND RAILRoAD; THENCE LervtNG sAlD wESTERLY RIGHT-oF-wAY
S eS: 07,ZA Z lti.Ot FEET; THENCE S 80.49'55" E 250.49 FEET; THENCE S 12'OO'?.7' E
i90.2J FEET;-TF1EN6E s sg:so'03" E 82.1a FEET;. THENcE s 25'52'05" w 176' 16 FEET;
rxir'rcr N 49'17'JB" w 1s5.90 FEET; THENCE N 75'37'34" w 27a.26 FEET; THENCE
r.r jr.3i'32" v{, 57.00 FEET; THENCE N 70'io'4o" w 105.55 FEET; THENCE s 75'55'zr'8" w
7J.J5 FEET; IHENCa S 04'i+'sz" E 1157.63 FEET; THENCE S 86'39'34" w 2059.41 FEET
TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 35'OOO ACRES' MORE OR LESS'
TOWNSH I P 6 SOUTH, RANGE 89 WEST,
STATE OF COLORADO; SA I t) PARCEL OF
PUBLIC NOTICE
TAKE NOTICE that Marlin (Colorado) Lot 4 LLC. has applied to the Board of County
Commissioners, Garfield County, State of Colorado, to grant a Special Use Permit for an accessory
dwelling, in connection with the following described property situated inthe County ofGarfield, State
of Colorado; to-wit:
Legal See Attached Exhibit A
Practical Description: Located directly south of Glenwood Springs offof County Road 163.
Said Special Use Permit is to allow the petitioners build an accessory dwelling on the above described
property.
All persons affected by the proposed Special Use Permit are invited to appear and state their views,
protests or objections. If you cannot appear personally at such meeting, then you are urged to state
your views by letter, particularly if you have objections to such request, as the Board of
Commissioners will give consideration to the comments of surrounding property owners and others
affected by the proposed Special Use Permit. This applicationmay be reviewed at the office ofthe
Planning Department, located at 108 8th Street, Room 201, Garfield County Courthouse, Glenwood
Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
The public hearing on the application has been set for the l6th day of September, 2002, at the hour of
10: 15 a.m., at the office ofthe Board of County Commissioners, Garfield County Courthouse, Room
100, 108 8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
NEILEY & ALDER
ATTORNEYS
Rick".J Y. Neiley, lr.
Eugene M. AlJ",
July 26,2002
HAND DELIVERY
Don DeFord. Esquire
Garfield County Attorney
108 East Eighth Streer, Suite 219
Glenwood Springs, CO 81601
Re:ADU Application
Lot 4, The Preserve at Prehm Ranch
Dear Don:
Enclosed herewith you will find my letter of today's date to Mark Bean with the
attached Deed conveying Lot 4 to a separate ownership entity. I understand that this will resolve
the County's issue regarding establishing a separate parcel for purposes of processing the ADU
application submitted by Ron Liston on behalf of David Glimcher.
Please let me know if the County needs any other documentation related to this
application. Thank you for your assistance.
Richard Y. Neiley, Jr.
RYN/agk
Enclosure
cc: Marlin (Colorado), Ltd.
fl Pl"o." R.ply To
6800 Highway 82, Suite 1, Upper Level
Gl"r*ooJ Springs, ColoroJo 8f 601
(97o) 928-9393
Fax (970) 928-9399
R.d .rr?1-)''-'
fl Pl"rs" Reply To
201 North Mill St eet, Suite 102
Aspen, Colo..Jo 81611
(97o) 925-9393
Fax (970) 925-9396
Very truly yours,
NE{LEY & ALDER.\ntll,t--