HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
1OB 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8 212 F acsimile : 970. 38 4.347 0
www.qa rfie ld-cou ntv.co m
Special Use Permit
GENERAL INFORMATION
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) Zone District:
Telephone: _
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state:r,6, ____ zipcode: |L//2J F Ax: ZCity
F Doc. No.:
STAFF USE ONLY
Date Submitted:_____ TC Date:
'Tr
ti{f
F Planner: ________ Hearing Date:
D
AUG I 4 2l/r,7
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1.
2.
of the lot and by location of intensively utilized areas, access points, lighting and signs in
such a manner as to protect established neighborhood character;
9. Depending on the type of Special Use Permit requested, you may need to respond to
additional review standards in the Garfield County Zoning Resolution Section 5.00
[Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 &
5.03.081, Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific
sections of the Zoning Resolution which can be located on the Garfield County web site at
http://www.qarfield-countv.com/buildinq and planninq/index.htm, or information can be
obtained from this office
10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the
fee with the application.
11. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the Special
Use Permit application has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(rhe following steps outline how the iq#Ei.r;:Iff;* Application review process works in
Submit this completed application form, base fee, and all supplemental information to the
Garfield County Planning Department. lt will be received and given to a Staff Planner who
will review the application for technical completeness.
Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the application is complete. ln addition, Staff will also send you a "Public
Notice Form(s)" indicating the time and date of your hearing before the Board of County
Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum
regarding your requested Special Use. (lf Staff determines you application to be deficient,
a letter will be sent to you indicating that additional information is needed to deem your
application complete.)
It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested Special Use and the public hearing. lf proper notice has not occuned, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed special use and nature of the hearing, and the
date, time and place for the hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject property is located at
least thirty (30) but not more than sixty (60) days prior to the date of such hearing,
and proof of publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described in the paragraph above, shall
be mailed to all owners of record as shown in the County Assessor's Office of lots
within two hundred feet (200') of the subject lot and to all owners of mineral interest
in the subject property at least thirty (30) but not more than sixty (60) days prior to
such hearing time by certified return receipt mail, and receipts shall be presented at
the hearing by the applicant.
3.
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
noti@, and ensure that it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request. ln addition,
the Applicant shall provide proof, at the hearing, that proper notice was provided.
5. Once the Board makes a decision regarding the Special Use request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board. Following
the Board's approval, this office will issue the Special Use Permit to the applicant. lf the
Board's approval includes specific conditions of approval to be met, this office will not issue
the Official Special Use Permit certificate until the applicant has satisfied all conditions of
apprbval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
I have read the statements above and have provided the required attached information
which is and accurate to the best of my knowledge.
(Signature Last Revised:OZ2Offi
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established
a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multipliedby a, hourly rate for the personnel involved. The Board recognized that the subdivision and land use
application processing time will vary and that an applicant should pay for the total cost of the review which may
require additional billiqg. Hourly rates based on the hourly saiary, and fringe benefits costs of the respective
positions combined with an hourly overhead cost for the office will be ,r"d to establish the actual cost of
county staff time devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be billed based on actual staff hours accrued. Any billing shal1 be paid in full prior to final
consideration of any land use permit , zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, no new or additional applications will be acceptld for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payable to the Garfield Countlz Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non-refundable in fuIl, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include an A8reement for Pa)rment Form ("Agreement") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the apflication.
The Agreement must be signed by the party responsible for payment and submitted with the application in order
for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
I
GARFIED C,J?TY BUILDING AND PLANNIT DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittai of any procedural application
to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee. which have not otherwise been paid by the
appiicant to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE
Vacating Public Roads & Rights-of-Way
Sketch Plan
Preliminary Plan
Final Plat
Amended Plat
Exemption from the Definition of Subdivision (SB-35)
Land Use Permits (Special Use/Conditional Use Permits), Administrative/no public hearing. Board Public Hearing only. Planning Commission and Board review & hearing
Zonrng Amendments. Zone District map amendment, Zone District text amendment. Zone District map & text amendment. PUD Zone District & Text Amendment. PUD Zone District Text Amendment
Board of Adjustment. Variance, Interpretation
Planning Staff Hourly Rate. Planning Director. Senior Planner. Planning Technician. Secretary
County Surveyor Review Fee (includes review of Amended
Pl.ats, Final Plats, Exemption Plats)
Mylar Recording Fee
BASE FEE
$400
$32s
$675 + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
$200
$100
$300
$2s0
$400
$52s
$450
$300
$500
$s00
$500
$2s0
$250
$s0.s0
$40.50
$33.75
$30
Determined by Surveyor$
$11 - 1"page
$10 each additional page
Page 2
The following guidelines shail be used for the administration of the fee structure set forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming
action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. A1l additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above.
1 . Types of "Procedures" not iisted in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be subruitted with applicatiort)
that Garfield County Resolution No. 98-09. as amended,
or land use review applications. and the guidelines for the
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed ro APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
appiication or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shatl be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision pian.
Print Name
Mairing Address: I I Z Ry n'C LN
l6tz
GARFIELD COUNTY (hereinafter COUNTY) ^^a V , Z bq )D <
(hereinafter APPLICANT) agree as follows:
1.APPLICANT has submitted to COUNTY an applicarion for 5 Pe< t /<e \t I
_(hereinafter, THE PROJECT).
2. APPLICANT undersrands and agrees
establishes a fee schedule for each type of subdivision
administration of the fee structure.
Page 4
HORIZON CONSTRUCTION, fI{C.
To whom it may concern,
I built a custom home fur R.ay Niro on Lot 3, Prehm Ranch lraz002.
George Conrades booght ttre property in 2006. Mr. Conrades would like to
build an ADU or guest house on his nswly acquired property.
Garfield County currently will allow a 1500 sq. ft. ADU. The ADU will
be detached and utilities will be tappdd fr,om the existing house. When the
main house was built, we anticipated an ADU addition and over sized the
pwer, water, gas and septic to accommodate this addition. Prehm Ranch is
an isolared subdivision in a very rural setting. Ivft. Conrades also purchased
the lot next door so impact to others does not exist.
Thank you,
Butch Zigurs
222Ronce Lane - Carbondale, CO 81623
Phone: 970-9634660 or 948-5592 - Far 970-963-7051
HORIZON CONSTRUCTION, fI{C.
The Conrades residence was built wittl 8 bedrooms in mind. Since its
sale an inhabitance the bedroom usage has changedtoT.
The ADU addition would be adding one small bathrcom. The Conrades'
are not full time residents. Therefore, the system is only impacted 2 months
out of the year, allowing arnple time for fluid absorption within the septic
field.
222Ronc* [,ane - Carbondale, CO 81623
Phone: 970-9634660 or 948-5592 - Fax 97G963-7O51
Form No.
GWS-25
qlrrcE oF rHnrArE ENGTNEER
"c."qL.OMpo DlvtstoN oF wAren ne818 Centenniat Btdg., 13i3 SneimairEt. ben-v"r, idlLoo aoZos
(3Os) 866-3s81
o
SOURGES
APPLICANT
MARLTN (coLoRADO) LTD
C/O COLORADO RIVER ENGINEERTNG
P O BOX 1301
RIFLE, CO 81650-
(e70) 625-4933
APPROVED WELL LOCATION
GARFIELD COUNWSE 114 NE 1t4 Section 34
Township 6 S Range 89 W Sixth p.M.
DISTANCES FROM SECTION LINES
3530 Ft. from South Section Line
250 Ft. from East Section Line
UTM COORDINATES
\..Y....
uot J+ 3 ule\l
WELL PERMIT NUMBER 56080 .F
Norlhino'Fcelinn
1)
2)
3)
ISSUANCE 6511115
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permitdoes not assure the applicant that no injury Wll occur to another vested water right or preclude another owner of a vestedwater right from seeking relief in a civil court action.
The constructjon of this well shall be in compliance with the water well construction Rules 2 ccR 402-2, unless approvalof a variance has been granted by the State Board of Examiners of water Well construction and pump lnstallationContractors in accordance with Rule 1g.
Approved pursuant to cRS 37-9G137(2) for the construction of a well, appropriating ground water tributary to the coloradoRiver, as an atternate point of diversion to the Avalanche canal and siphon, on the condition that the well shall be operatedonly when the West DMde Water conservancy District's substitute water supply plan, approved by the state Engineer, is ineffect, and when a water allotment contract between the well owner and the West DMde Water Conservancy District for therelease of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCDcontract #000906-AAL(b) (amended).
Approved for a change in use of an existing well, constructed on March 5,2oo1,to a depth of 120 fee[ under permit no.il875-F (canceled). The'ssuance of this permit hereby cancels permit no. s4g7*F.
The use of ground water from this well is limited to ordinary household purposes inside one (1) single famity dvrrelling andone (1) accessory dwelling unit, and the irrigation of not more than 20,000 square feet (0.46 of an acre) of home gardens
and lawns' All use of this well will be curtailed unless the water allotment contact or a plan for augmentation is in effect.Thiswell is known as Prehm Ranch, lot no. 3 well. Furthermore this well is located on a +- 4.3 acreresidential sitedescribed as lot no. 3, Prehm Ranch Exemption, Garfield County-
The maximum pumping rate of this well shall not exceed 15 GpM.
The average annual amount of ground water to be appropriated shall not exceed 1 .7g acre-foo t (5g3,272gallons).
The owner shall mark the well in a consflcuous flace with well permit number(s), name of the aquifer, and court casenumbe(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
This well shall be located not more than 200 feet from the location specified on this permit
A totalizing flow meter must be installed on this well and maintained in good working order. permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer uponrequest I .2,^_ A-/- o O4ZS-/IZ_Dz- /
4)
5)
6)
7)
8)
e)
10)
APPROVED
DMW hr.
n"""ipu.ro.gsooozr st"tuEnsin""' onrerssuloA{16 I E ?f}flf ryEXprRAroNrorrAili] i 5 200
fu^"#+ a
3 Bbck Fiting: Subdiv: PREHM RANCH EXEMpitON
e'g;".,*-
INDIVIDUAL SEWAGE DISPOSAL PERMIT
PROPERTY
Owner's
System Location
Legal Description of Assessor's Parcel No'
SYSTEM DESIGN
2, *OO septic Tank capacity (sallon)
I O Percolation Rate (minutes/inch)
Required Absorption Area - See Attached
Special Setback Requirements:
,^r" ?'2€ *o> rnspector
(as installed)
call for lnspection (24 hours notice) Before covering lnstallation
GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT
109 8th Street Suite 303
Glenwood Springs, Colorado 81601
Phone (303) 945-842
Assessor's Parcel
This does not constitute
a building or use Permit.
,non"ffi
3705
No.
Present Add
.Other
rurrO", of Bedrooms (or othel) K/g*y%ffi
I
System lnstaller
Septic Tank CaPacitY
Septic Tank Manufacturer or Trade Name
Septic Tank Access within 8" of surface
Absorption Area
Absorption Area Type and/or Manufacturer or Trade Name
Adequate compliance with County and State regulations/requi
Other
Date I nspector
RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE
*CONDITIONS:
1. AllinstallationmustcomplywithailrequirementsofthecoloradostateBoardofHealthlndividual sewageDisposal systemschapter
25, Article 10 C.R.S. 1973, Revised 1984'
2. This permit is valid only for connection to structures which have f ully complied with county zoning and building requirements' con-
nection to or use with any dwelling or structures not approved uy tne auitoing and Zoning.olf ice shall automatically be a violation or a
r"qrii"r"nt of the permit and cfuse for both legal action and revocation of the permit'
inq and material3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and materlal
variation from the terms or specif ications contain-eo in lne ippiicatl6n of p6rmit commits a class l, Petty offense ($500'00 f ine - 6
var'iation from the terms or specif ications contained in the
months in jail or both).
White - APPLICANT Yellow - DEPARTMENT
Iuutlilnrnutttltmt
01:01P 81849 P372 I'l 9LSDORF
WARRANTY DEED
TIIISDEED, Iade n this day of September 20, 2q06
qqDrTs- L. IIIRO OR EER STTCCESSOR rN TRrrSr,TRSST OR 2001, DATED FEBRSARY 1-4, 2OO]-
AS TRI'STEE OF TEE fi'DTTg L. NIRO REVOCABLE
CMty of
of the
--
Costy of and State of ILLINOIS , of the Grantor(s), and
ROARING FORR PI'RCIIASE TRI'ST
ldlo3e [ega[ addrss is
of the --
WITNESS, That the G.antor(s), for 6nd in cmsideratim of the sm of (S2,500,000.00 )tt. Two Millioo Fivc HuEdrcd Thousnd .nd 00/l0O r*i DOI.LARS
the recelpt snd sufficiemy of tfiich is hereby Ecknoxledged, has granted, bargairEd, sotd and cmveyed. and by thesetne recelpt am sufficiemy of flhich is hereby Ecknoxledged, has granted, bargairEd, sotd and cmveyed. and by thepressts d@s grsnt, bargain. sett, cffiey snd confirm mto the GrEntee(i), tris treiis and assigns tirever, ati ttre
atso knoqn as stret nurber 1612 163 COITNTY ROAD CLEN!9OOD SPRINGS CO 81501
TOGEIHER rith 8(t ard sirtsutsr ond heneditilEnts ard apprrtenances thereto beLorping, or in anylise appertainingald_the reversion.and reversions, rminder and renainders, rmts, issues and profits theroi; and att'the eiirte, righititte interest, claim and deMd *atsbever of the Grantor(s), either in tatr or equity, of, i; ard to the sbove Ui"gai*dpr:s8i56, eith the hereditmnts and appurtmmes;
. - IqHAVEAIpTOHOLD thi said prsis* 6bove bsrgained md descnibed eith appurtemes, mto the erante(s),his heirs and ssigm forever. The Granto.(s), for hiGe(f, hi8 heire ard persoml, iepresentatives, does covenmt. g;ant,qrg9in, and egre to 8rd Hith the crante(s), his treirs and assigns, that'at the tim of the ens""ting and detivirio, th6epr*eht3. he is rc|.l. seized of the prsises above coveyed, has good, sure, perfect. sbsolute and incefeasibteestate of ir$enltffie, In tar, in fee silpte, ard h8s good cight, futl porer and taxfirt authority to grant, bergsin,
sel.L trd convey the sdE in mmr and fom as.foresaid, and th;t the ieme are free and ctear tioo ait roirer ina itlergrants, 'bargeiB, sates, Iim, tar(es, assesmnts, ercLdrarce aid reBtrictims of rhatevet kiid or nature sGver,
a.tmfu xlnm
The Grsntor(s) shatt 8nd t{itt iIARRAII Al{0 FoREVER DEfEID the above bargained prenises in the qriet 8rd peaceabtepossesim of the Grantee(s), his heirs ard assigm, agaimt att and wery person or persms [ufutly ctaimirg the nhoteqfjany part thereof. The-singuter nrnber shatl. inc[ude the ptural,, ard the pl.uraL the'siogul,a., and the use oi any gender
shatt be appticable to alL g€fders.
INWriNESSWEEREOE the.crantor(s) hs exeuted this deed m the d8te set forth abwe,
rqr-t_pl!?gr!y, together Hith irprovemts, if any, sitwte, tying and being in theGARFIEIJ,D End Stste oi Cotoraijo, described ai fo1.om:
SEE E!(qIBII TAN ATTACBED BERETO A}ID MADE A PART EEREOB
THE JUDTTH L
e"Ji^;): STATE 0f
centy of Lcr*- l*'GFgTtSETL
E^ROTRAJZnllxr
ioT rv
:
The foregoing instrmnt xas acknoxledged b€fore m on this of
by
MRO REVOCABLE TRUST OF 2OOI, DATED
Escrox, CS249Z8 kts Reco.ded Retum to: ROARII{G FOR( PURCHASE IRl.rSTTitte# cil/249738: t2?1 BRICKELL AVE{UE, r+lA{1, Ft 33131
Forn 82 08129104 tlD.oPEll IIARRAIIIY DEEo (Photographi
;/5O.oo
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JU
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tritress !ry hEnd Erd of0ciatdfat. '
GERFIELD C(f,'HTY CO
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ETSIBIT B Our Order No. cW24973S4
TERMS, CANDIIIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED
Aogust 16, 2001 IN BOOK t2Z8 AT PAGE 3I9.
TERMS, CONDMONS AND PROVISIONS OF BASEMENT AGREEMENT RECORDED
Septd*er 04, 2001 IN BOOK 1283 AT pAcE 79-
TERMS, C1CNDITIONS A}.ID PROVISIONS OF R,ESOLUTION # 2@I{9 RECI}RDED
Octdct 08, 2001 IN BOOK 1292 AT pAcE 239.
irnus, coxpmors AND pRovlsloNs oF REsoLUTIoN # zoot-?o REcpRDED
Octobdr08, mof IN BOOr 1292 ATPAGE ?42.
TERMS, @NDmoNS AND PROVISIONS OF BYtAws RE@RDED O*obcr lS. 20ol
IN B@tr 1294 ATPAGE 302.
EASEIT{E}IS. RIGIITS OF WAY AND oTI{ER MATTERS As SIIoWN oN TIIE PLAT FoR
PREHM RANCH RECORDED JT'NE 13, 2OOI I]NDER RECEPTION NO.58250I, TIIE
FIRSI AMENDED PREEM RANCII E)(EIVtrTION REOORDED AUGUST 30, 2OOI UNDER
RECEPUON NO. 5E?38S AND TIIE MASTER PLAT FOR PREHM RANCH RE@RDED
SEPTEMBER 25, 2OO1 UNDER RBCEPTION NO. 588988
Al.rY BOITNDARY DISCREPANCY DUE TO TI{E LOCATION OF FENCE LINES ATONG TI{E
SOUTI{ERLY BOI'NDARY AND TIIE EFFECT OF A}TY RIGIIT, TTTLE OR INTEREST
TEATMAY BE CLAIMED DUE TO ANY SAID DISCREPANCY AS SHOWN ON
IMPROVSMEI.IT S[,R\IEY DATED AUGUST 2I. 2006 PREPARED BY HIGH @I,,NTRY
ENGINEERING.
RIGHT OF WAY FOR DITCHES AS SIIOWN ON IMPROVEMENT SURVEY DATED AUGUST
21.2M PREPARSD BY IIICH COI'NTRY ENGINEERING.
EXHIBIT A
LOT 3
THE PRESERVE AT PREHII RANCH
AGCORDIIIG TO TIIE PREHII MTCH EXETIPTIOII PLAT RECORDED JU}IE 13. 2Ol)1 UIIDER
RECEPTIO]I IIO. 582501, THE FIRST ATIEIIDED PREHII RAXCH EXEXPTIOT PLAT RECORDED
AUGUST 30. 2(l(l1 UIIDER RECEPTIOII IIO. 587388. THE }IASTER PLAT FOR THE PRESERVE AT
PREHX MTCH RECORDED SEPTEIIBER 25, 2OO1 UIIDER RECEPTIOI IIO. 588988 A}lD THE
AIIEIIDED IIASTER PLAT FOR THE PRESERVE AT PREHII RAtlCH RECORDED ()CTOBER 17. 2l)()1
UIDER RECEPTIoI ilo. 590185
COUIITY OF GARFIELD
STATE OF COLOMDO
rom a(fitBtTA 01./tZO3
.r lllil ilr il[Hllt ull fi] lll lllll llll llll' .70a2?8 tot08.taillto1P 81849 p3?4 n ALSDoRF O
3 of 4 R 21.@ D 25o.@ GffiIELD cotNTY c0
OlrrOnlerNo. GW2497384
T}IE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECXFIC WATER CONSERVANCY,
FIXE PROIECrION. SOIL @NSERVATION OR OTIIER DISTRICT OR INCLUSION IN
ANY WATER SERVICE OR STREET IMPROVEMH.IT AREA.
WATER RIGITTS OR CLAIMS TO WATER RIGITTS,
RIGHTOFPROPRIETOROF A VEIN OR I.oDE TO EXTRACT AND REMOVE HIS ORE
TIIEREFROM SHOI'ID TIIE SAMEBE FOUNDTO PENETMTE ORINTERSECTTTIE
PREMISES AS RESERVED IN ITMTED STATES PATEI.IT RECORDD Deoember lE,
1893. IN BooK 12 AT PAGE 252 UI{DER RECEPTION NO.
'15653.
IERMS, CI]NDII:IONS AND PROVISIONS OF RESERVATIONS CONTAINED IN THE
RIG}IT OF WAY AND EASEMENT GRANTED TO ROCKY MOI,'NTAIN NATURAL GAS .
COMPANY, INC. RECORDED Octobcr 19, 196l IN BOOK 337 AT PAGB 244 T NDER
RECEPTION NO.215,d.7.
TERMS, CI}NDIIIONS AND PROVISIONS OFRESERVATIONS COMAINED INTI{E
RIGTM OF WAY EASEMENT GRANTED TO TI{E MOT'NTAIN STATES TELEPHONE AND
TELECRAPH @MPANY, RECORDED April 28, t9?2 IN BOOK .l3O AT PAGE 136
T'NDER RECEPTION NO. 253509,
TRT,!S, CONDMONS. RESTRICTIONS AND RESBRVATIONS CONTAINED IN TIIE
RIGIIT'OF WAY BASEMENT GRANTED TO ROCKY MOUNTAIN NATURAL GAS DMSION
OF tr NBERGY, INC., RECI]RDED Jum 2?, 1988IN BOotr 736 AT PAGE 622
I,'NDER RECEPNON NO. 393218.
RIGI{T OF WAY FOR OOUNTY ROAD 163.
ANY QI'ESTION. DIS?UTE OR ADVERSE CLAIMS AS TO ANY IOSS OR GAIN OF
I.AND AS A RESI'LT OF ANY CTIANGE IN TTIE RIVER BED I,oCATION BY OTI{ER
TTIAN NATURAL CAUSES, OR ALTERATION TTIROUGH ACCREfiON. RELICTION,
.EROSON OR AVI.IT^SION OF TIIE CORNER THREAD, BANK, CHANNEL OR FLOW OF
WATERS IN THE ROARING FORK RI\IER LYING WTIIIN STJBJECT LAND, AND ANY
: QUESIION AS TO TIIE IOCATIoN OF SUCI{ @RNER TIIREAD, BD, BA}.Itr OR
C}IANNEL AS A LEGAL DESCRIPTION MONT'MENT OR MARtrER FOR PI'RPOSES OF
DESCRIBING OR I'CATING SUB'ECT I-ANDS.
TERMS, CICNDffiONS AI.ID PROVISIONS OF CONTRACT RECORDED Febnrary 26,
2OOI IN BOOK 1233 AT PAGE ?39.
RESf,BICIIVE COVENANIS, WHICI{ DO NOTCONTAIN AFORFETTLTRE OR REVERTER
CI*AUS, BUT OMITNNG ANY CO\IENANIS OR RESTRICTIONS, IF ANY, BASED
IJPION.RAGE;@I.OR, RELIGION, SHX. SEKUAL.ORIENTATION, FAMILIAL
STA1'I'.S. MARXTAL STATUS, DISABtrITY. IIANDICAP. NATIONAL ORIGIN,
AI{CESTRY, OR SOURCE OF INCOME. AS SET FORTI{ IN APPIJCABII STATE OR
FEDERAL LAWS. EI(CEPI TO TI{E E}MENT T1{AT SAID @VENANT OR RESTRICTION
ISPERMTTED BY APPLICABI.ELAW AS CONTAINED IN INSTRUMENTRECORDED
Jus 13. 20O1. IN BOOX 1260 AT PAGE 360 AND AS AIdBNDED IN INSTRUMENT
RECORDED Scptember 25,2@l,IN BOOK 1289 AT PAGB 530 AND AMENDED lN
INSTRI'MENT RECIRDED MAY 12, 2flb IN BOOK 1799 AT PAGE 78?.
DxrrrBrr 6
I LlilHlilr il[rull ffi ilil lil lllll ilt t[lgrrna'totm;*Gp 81849 p:]74 r fl-sDoRF
3 of 4 R 21.00 0 25O.@ GffiFIELD C0UNTY C0
E,OMrr B OuronlcrNo. CW7497384
TflB EFFEgf OF INCLUSIONS IN AITIY GENERAL OR SPECIFIC WATER @NSBRVANCY,
FIRE PROTECTTON. SOIL @NSERVATION OROTHERDISTRICTOR INCLU$ON INANY WATER SER,VICE OR. STRET IT'PROVEMB.IT ANEA.
WAIER IIGITTSOR, CI.AIMS TO WATER RIGITTS.
RIGHT OF PROPRIETOR OF A VEIN OR I,ODE TO DOR.ACT AND RET'OVE HIS ORE
ISEREFROM SEOI,'I.D TIIE SAME BE FOUND TO PENETMTE OR INTERSECT TI{E
PREA{IStsS AS RESERT/BD IN UNffiD STATES PATENT R.E@RDED Decernber 18,
1&}3. IN BOOK T2 AT PACE 252 UNDER RECEPfiON NO.
'16653.
TERMS, @NDITIONS AND PROVIStrONS OF RESERVATIONS CPNTAINED INTHE
- RICIITOFA'AY AND EASEMENTGRANIED TO ROCKT MOUNTAIN NATUML GAS .
@MPANY, INC. RECORDED Ocmbcr 19, t96t IN BOOK 337 ATPAGE?//| UNDER
RECEPIION IIO.2WU7.
TER}T,S, CONDIrIONS AND PR,OVISXONS OF RESERVATIONS CONTAINED INTIIE
RJG}IT OF WAY EASEMENT GRANTM TO TIIE MOI'NTNN STATES TEI^EPHONE AND
TEI.EORAPHCOMPANY, RECOADED Apdt zJ, l972IN BoOK430ATPAOE 136
I'NDER RECEPTION }.IO. 253509.
TERMS. C1oNDITIONS. RESTRIC'TIONS AND RESERVATIONS COMTAINED IN TI{E
RIGITTOF WAY EASMENTGRAilTED TO RO(KYMOI,INTAIN NATT'RALGAS DMSION
OF T N.ETSROY, D.IC., RECORDD JOOC 27, 1988 IN B@X ?36 AT PAGE 622
IJNDER RECEPNON NO. 39321E.
RIGITT OF WAY FOR COUNTY ROAD 153.
ANY QUESIION, DISPUTE oR ADVER.SE CLAIIyIS As T0 ANy IoSs on GAIN OF
L.AND AS A RESI.'LT OF AI.IY C}IANGE IN TI{E RIVTR BS II)CAIION BY O|rTIER
TTIAN NATT'RAL CAUSIES, OR, ALTER,ATION fiMOUGII ACCRETION. REUCTION,
EROSION OR AVI,IIION OF THE CORNER TTIRBAD, BANK, CHANNEL OR FII)W OF
WAIRS IN THE ROARING FORK RWER LYB.IG WITIIIN SUB'ECT LAND. AND ANY
QUESTION AS TIO THE U)CATNON OF ST'CI{ @RNER, TIIREAD, BED, BANT OR
C}IANNEL AS A LECAL DESCRIPIION MONI'MENT OR MARXER FOR, PI'RPOSES OF
DESCRIBING OR IOCATING SI'B'ECT LANDS.
TERMS, CONDITIONS AND PROVISIONS OF CONTRACT REC1CRDED Fcbnrary 26,
2OOI IN BOOK 1233 AT PAGE 739.
RESIBICIIVE COVE\IANIS, WHICI{ DO NOT CONIAIN A FORFEITI,'RE OR REVERTER
CI,AUIS. BUT OMITTII.TG AItrY @\IENANTS OR RESTRICTIONS, IF ANY, BASED
UFON Ri{GB;@IO& RELJGION. SEX, SEKT AL.ORIENTATION, FAMIUAL
STATT'S, MARITAL STATUS, DEABIIJTY. HANDICAP, NATIONAL ORIGIN,
ANCESTRY. OR SOURCE OF INCOME. AS SET FORTII IN APPUCABLE STATB OR
FEDERAL LAY/S. EXCEPT TO TI{E EffENT TIIAT SAID @VENANT OR RESTRIC'TION
IS PERi,IITTED BY APPLICABI,.E LAW AS CONTAINED IN INSTRUMENT RECORDED
Jre 13. 2{81, IN BOOK 1260 AT PAGB 360 AND AS AMENDED IN INSTRIrMENT
RECORDED Septemb*2s, 200r, IN B@K l2E9 AT PAGE 530 AND AMENDED IN
INSTRI'ME}.IT RE@RDED MAY 12. 2006 IN BOOK 1799 AT PAGE 787.
:._-..*--*t|..:--.-;].-
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Roaring Fork Purchase Trust
1612163 County Road
Glenwood Springs, Colorado 81601
July 20,2007
Garfield County
Building & Planning DeParhent
108 8th SreeL Suite 401
Glenwood Springs, CO 81601
Attention: StaffPlanner
Re: Lot 3 of The Preserve at Prehm Ranch, Glenwood Springs, Colorado
Dear Sir or Madam:
On behalf of the Roaring Fork Purchase Trust, the owner of the property referenced
above, this correspondence shaf serve as authorization to Butch Zigurs of Horizon Construction,
222Roncelane,
-Carbondale, CO 81623 to represent the interests of the owner in connection
with the application and submittal to the Building & Planning Department of a special use permit
for the conitruction of an ancillary living quarters and garage on the property' as more
particularly described in the special permit application.
If you have any questions or require further authorization, please contact me.
Regards,
ROARING FORK PURCHASE TRUST
By:
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GARFIELD COUNTY
Building & Planning Department
1088tn Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone : 970. 945. 821 2 Facsim ile: 97 0.384.347 O
www.qarfield-countv.com
Special Use Permit
> Doc. No.:
> Planner:
STAFF USE ONLY
Date Submitted: TC Date:
Hearing Date:
GENEML INFORMATION
(To be completed by the applicant.)
> Street Address / General Location of Property' 1612 CR 163, Glenwood Springs, CO 81601
> Legal Descriptiol; Lot 3, Prehm Ranch
> Existing Use & Size of Property in acres I Residential - 4.123 +/- Acres
> Description of Special Use Requested:
square feet in FAR
Construct Accessory Dwelling Unit of not more than 1,500
> ZoneDistrict Rural A/ R / RD
> Name of PropertV Owner (Applicant): Roaring Fork Purchase Trust
> Addresst l22l Brickell Avenue Telephone:
> City: Miami State: FL Zip Code: 33131 FAX:
> Name of Owner's Representative. if anv (Attornev, Planner, etc):
Michael Feigenbaum, Brandt & Feigenbaum, PC
> Addressl 132 MidlandAvenue, Suite 4 Telephone: 92s.sr96
> City: Basalt State: co Zip Code: u62t Fp/l ezs.4sse
I. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit
plans and supporting information (i.e. letters from responsible agencies). Include specifications
for the proposed use including, but not limited to, the hours of operation, the number and type of
vehicles accessing the site on a daily, weekly andior monthly basis, and the size and location of
any existing and/or proposed structures that will be used in conjunction with the proposed use, and
provisions for electric power service and any other proposed utility improvements. Be specific.
SEE DHIBIT A ATTACHED HERETO.
2. lf you will be using water or will be treating wastewater in conjunction with the proposed use,
please detail the amount of water that would be used and the type of wastewater treatment. lf you
will be utilizing well water, please attach a copy of the appropriate well permit and any other legal_------rr/ater supplyinformation; including a water allotmentcontract or an approved water augmehtatioR
plan to demonstrate that you have legal and adequate water for the proposed use. SEE EXHIBIT
B (|ND|V|DUAL SEWAGE DTSPOSAL PERMTT NO. 3705) AND D$lBtT C (WELL PERMTT
NO. 56080) ATTACHED HERETO.
Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on the property, and the County or State roadways within one (1)
mile of your property. lf you are proposing a new or expanded access onto a County or State
roadway, submit a driveway or highway access permit. SEE EXHIBIT D (SITE PLANS)
ALREADY tN YOUR POSSESSION. (PLEASE TVOTE THAT COUNTY AND STATE
ROADWAYS ARE DEPTCTED ON EXHlBlr F.)
Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000
scale quadrangle map will suffice. SEE EXHIBIT E (IMPROVEMENT SURVEY PREPARED BY
H|GH COUNTRY ENGTNEERTNG) AND EXHIBIT F (VlCtNtTY MAP) ATTACHED HERETO.
Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the
subject property and public and private landowners adjacent to your property (which should be
delineated). ln addition, submit a list of all property owners, public and private landowners and
their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the
Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the
subject property. fl-hat information can be found in your title policy under Exceptions to Title).
SEE EXHIB|T G (ASSESSOR'S MAP), EXH|B|T H (PROPERTY OI/yNERS LOCATED WITHIN
200', OF SUBJECT PROPERTY) ATTACHED HERETO, AND EXHIB|T I (MINERAL R GHIS
owNERS).
6. Submit a copy of the deed and a legal description of the subject property. SEE EXHIBIT J
(WARRANTY DEED) ATTACHED HERETO.
lf you are acting as an agent for the property owner, you must attach an acknowledgement from
the property owner that you may act in his/her behalf. SEE EXHIBIT K (OWNER
AUTHORTZATT ON) ATTACH ED H ERETO.
Submit a statement that specifically responds to each of the following criteria from Section 5.03 of
the Zoning Regulations:
(1) Utilities adequate to provide water and sanitation service based on accepted
3.
4.
5.
7.
8.
engineering standards and approved by the Board of County Commissioners shall either be in
place or shall be constructed in conjunction with the proposed use.
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place or
shall be constructed in conjunction with the proposed use;
(3) Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the periphery of
the lot and by location of intensively utilized areas, access points, lighting and signs in such a
manner as to protect established neighborhood character.
SEE EXHIBIT L ATTACHED HERETO.
L Depending on the type of Special Use Permit requested, you may need to respond to additional' : .. :- r-ievlsyv-tandards--in-the-Garfield-County-Zoning- Resolution- Sect'Dn- 5.00 [Supple-mentary --.:.-,--
Regulationsl. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory
Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning
Resolution which can be located on the Garfield County web site at http://inryw.qarfield-
countv.com/buildinq and planninoiindex.htm. or information can be obtained from this office.
SEE EXHIBIT M ATTACHED HERETO.
10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee
with the application. SEE EXHIBIT M (AGREEMENT TO PAY ATTACHED HERETO AND
CHECK IN THE AMOUNT OF $400, ALREADY IN YOUR POSSESS'OA'.
11. Submit 2 copies of this completed application form and all the required submittal materials to the
Building and Planning Department. Staff will request additional copies once the Special Use
Permit application has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(The following steps outline how the Special Use Permit Application review process works in
Garfield County.)
Submit this completed application form, base fee, and all supplemental information to the
Garfield County Planning Department. lt will be received and given to a Staff Planner who will
review the application for technical completeness.
Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete. ln addition, Staff will also send you a "Public Notice
Form(s)" indicating the time and date of your hearing before the Board of County
Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum
regarding your requested Special Use. (lf Staff determines you application to be deficient, a
letter will be sent to you indicating that additional information is needed to deem your
application complete.)
3. lt is solely the Applicant's responsibility to ensure proper noticing occurs regarding
requested Special Use and the public hearing. lf proper notice has not occurred,
public hearing will not occur. Notice requirements are as follows:
1.
2.
the
the
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed special use and nature of the hearing, and the date,
time and place for the hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject property is located at least
thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof
of publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described in the paragraph above, shall be
mailed to all owners of record as shown in the County Assessor's Office of lots within
two hundred feet (200') of the subject lot and to all owners of mineral interest in the
subject property at least thirty (30) but not more than sixty (60) days prior to such
hearing time by certified return receipt mail, and receipts shall be presented at the
hearing by the applicant.
c. The site shall be posted such that the notice is clearty and conspicuously visible from' . -.--------a:pxblimighEof=way=wjth-notice signrprovided--by the- PlanningrDepartment.-fhg----- --
posting must take place at least thirty (30) but not more than sixty (60) days prior to
the hearing date and is the sole responsibility of the applicant to post the notice, and
ensure that it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request. ln addition,
the Applicant shall provide proof, at the hearing, that proper notice was provided.
5. Once the Board makes a decision regarding the Special Use request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board. Following
the Board's approval, this office will issue the Special Use Permit to the applicant. lf the
Board's approval includes specific conditions of approval to be met, this office will not issue
the Official Special Use Permit certificate until the applicant has satisfied all conditions of
approval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
correct and accuratgle
/trt,lhtt w
best of my knowledge.
W
(Signature of Last Revised: 02/2006
I have read the statements above and have provided the required attached information which is
EXHIBIT A
LOT 3
THE PRESERVE AT PREHM RANCH
ACCORDING TO THE PREHM RANCH EXEMPTION PLAT
RECORDED JLiNE 73, 2001 UNDER RECEPTION NO. 582501. THE
FIRST AMENDED PREHM RANCH EXEMPTION PLAT RECORDED
AUGUST 30,2OO1 UNDER RECEPTION NO. 587388, THE NIASTER
PLAT FOR THE PRESERVE AT PREHM RANCH RE,CORDED
SEPTEMBER 25, 2OO1 LiNDER RECEPTTON NO. 588988 AND THE
AMENDED MASTER PLAT FOR THE PRESERVE AT PREHM
RANCH RECORDED OCTOBER 17, 2OO1 UNDER RECEPTTON NO.
590185.
COTINTY OF GARFIELD
STATE OF COLORADO
Fonr GX1411317A 0 I /1 7/03
H EXHTBITEnE /-1
APPLICATION FOR SPECIAL USE PERMIT
ACCESSORY DWELLING UNIT
Roaring Fork Purchase Trust (Applicant) owns the subiect ProPerry. Please see the lTarranty
Deed, attacheJas ExhibitJ to the Application. This Application requests approval of an accessory
dwelling unit (ADI-f for the propert/, flot to exceed 1,500 square feet of FAR.
The applicableZoneDistrict allows for an ADU (Section 3-02.07 - lJses, by Right), subiect
to obtaining goesthoose special use approval and meeting the standatds of Section 5-03.02.
The Prehm Ranch governing documents allow for one single family residence and one
_ accessory_qs,.t1i"g,lgl(r"tlg911" Cg!"ry]:d:.y-Td_T_L1""^i) on the subilct ProP"tt', TdgT
- ]- -
-t}le?-rindpalaeiiJinc-e
shall-be'conJtructed:firsr (It[isteiDEilariEon of-'Givenants;ctndidoG and
Restrictions, Sections 5(a)1 aod (2). Ail such improvements must be apptoved by the Prehm Ranch
architectual committee. !7ith respect to the foregoing conditions, (i) by this Application the
Applicant is requesring approval of the ADU; (ii) the pflmaq, residence has been constructed; and
liii; Appticant silall obtain the required architectual connmittee approval of the ADU Pdor to
construction.
The property is located in Prehm Rancb, * 7612CR 163, Glenwood Springs, Colorado, in
unincorporrLdbrfield County, in the Rural Zone Districr The properry lies south of the Roaring
Fork River and north of CR 163, consists of approximately 4.123 acres, and is toughly triangul2r in
shape. The general character of the property is rual. The Roan.g Fork River traverses the northedy
pori.o11 of the properry. The properry is flat to gentle sloping in topogaphy, generally sloping
towards the Roaring Fork Rivet.
Access to the properry is from CR 163. A driveway provides access to the existing pnmary
residence and will b. oseJ for the ADU. The addition of the ADU will have minimal traffic impacts
upon CR 163.
The existing primarT residence on the property consists of approxim*e\ 6,029 heated
square feet (per Asseisor). This residence, constructed in approximately 2003, is serviced by the
.rirtirg ..pi. ,y.t"- and well. See Individual Sewage Disposal Pernrit No. 3705 and !7ell Permit
No. SO-OAO, attached respectively as Exhibit B and Exhibit C to the Application. The septic system
was designed with .*."r. capacity and is able to handle the proposed one-bedroom ADU. The well
permit ,llo*, use of the water for one single f"-ily dwelling_1nd one accessory dwelling unit (Vell
ir.rmit, patagraph 5). The ptimary residence has full use of all applicable utilities (rncluding electrical
power), which can be used for puq)oses of the ADU. Therefore, the Applicant ProPoses to connect
the ADU to the exisring septic, well and utiliry systems, and will satisfi, any conditions fot doing so
in connection with obtaining a building permit fot the ADU.
Upon approval of this Application, the Applicant intends to proceed with construction of
the ADU aftet Applicant has obtained the necessary architectural committee approval and building
permits.
B ilHBn
APEt)tt'
CIARFIELD COUNTY BUI-D|NO ANo OANITATTON eEpABTilErttT
10e Sh Btoer Builo 809
Glcnwood Sprtngl Cobrado 8l00l
Phonr (309) e{S-Baz
Permtt N9 3705
Areerrorl Parcsl No.
Thlr doeE not conllltul.
r bullcllne or ueo permll
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PROPEBTYt-
Ornerr
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Lcgat Deocrlptlon ol Amcocor'r Parccl No-
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8Y8TEM OESIGH
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2, <Pn Scptlcrrnk captctg (satron)
lO Perootatlon Aate (mtnuteytnotr) . Number ot Bedroomc (or oth
/boo d /;fBegulred Absorptloo Ares - 8oo etiched
Speclal Selbackf equl,lrnents:
*n o'it-o* rnBpoc.ro,
(as lnstatled)
Call lor lnspectlon (24 houns notice) Belole.Covaring lnatala
Soptac Tank
Septlc Tank
Septlc Ilnk
Menu{aolurer or Trado Namc
Accees wlthln 8" of
AbBorptlon Artrg
'Absorptlon Aroa Type andlor Manutacluror or Trade Name
Adoquate compllrnoe wlth County md Statr
rCOllDtTlONS: .
t. All lnetallitioilnuol co_rlpllwllh a[ lEulremente of thr Colorado Strtc Board ol Hcelth lndlvldual Sewage DlrpocalSygtcmg Chrptlr25, Artlclo t0 C.R8. tez.i. heuteoo t9&.
2. Thlcparmlt b ialid.orrly lor.connectlon to rtruc{ures whlch htvo tully@-m-plled whh County zonlng and bulldlng requlremente Cornectlon toorug?.w]thmy.9wolllng ordruc{ures.notepprovod byths Bullding endZonlng otltcoatritt eutornaUiattyixsylotsilonor!requlremolll ol tha permlt and cruce for both legal actlon snd revocrllonbt ttrc permlt
3.f_y,Il,"Iol^tto_conslruct3,!ltaIl^,orlnstsll8anlndlvJdualaeWrgcdlsposNlrystomlnamannrwHchlnvoiveseknowlngandnrtarla,
varlrllon trQln ihe tsrms or spoclflcrtlonr contelncd ln the lppllcatltin ol pirmlt commllr a Gtiir I, petty Ottange ilSdO.OO frrre:emonthr in Jalt or both).
' wtit"-AppucANT y€lk),i;. DEpABTMENT
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VIDUAL 8EI['AOE DIEPOSAL PERHIT
Di+"r.,.A
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,
OWNER
ADD.RESS ?23,' 7fo a
CONTRACTOR
ADDRESS PHoNE ?Aa -3ZaR
pERMrr REeTTEST roR qp xew INsTAITATIoN ( IALTERATToN ( )REPATR
Afiad Bepsrate sheets or report showing entire area with respect to srrounding Ite8s, topography of area, habitable
building; location of potable wste,r wells, soil percolation test holcs, soil profiIes in test boles (See page 4).
I;OCATION OF PROPOSED FACILITY:
II'IDwIDUAL SEIVAGE, DTSPOSAL SYSTEM APPLICATTON
I*gal Description or Address
11TASTES TY?E:
BUII,DING OR SERVICE TY?E:
fiuumuntc ( ) TRAI.iSIENTUSE
( ) CoMMERCTATORII{DUSTRIAL ( ) NON-DOMESTICWASTES
( ) oIIIER-DESCRIBE
A
Nnmber ofBodrooms -g -
( ) Garbage Grinder ( ) ArrtomaticWasher
sOuRCEA].IDTTEOFWATERSUPPLY: (X WELL ( )
If supplied by Conmunity Water, eive nsme of mpplier:
. firasaneffortmrdctoconneottothe CommunitySystem? r4/2
"-1 A sl& nhn ls reoulred to bg mbmlttcd that l+dlcates the fo,nowlns MIhIIMIIM dlstancca:
, i' I,creh FIcl to WeIk 100 fcef
i "' So4dc Ttnk to WeIl: 50 feet
'' L6rch lfdd to Irrlgetton Dltctes' Stream orWatcr Cours$ 50 f*t
. Sepdc System tofropertyLlne:(septic tank cleach fieldl)!6feet
YOTrIt NYDITMUAL SEITVAGE D,ISPOSAL SYSTEM PERMIT $E,L NOT BE TSSUED WTIHOUT
iA'SflE PLAN.;-
GROTIND CONDITIONS:
Depth to first Cnound Water Tablq ,VO/Y{
Numbs ofPersons +( ) Distrwuher
SPRING ( ) STREAI{ OR GEEK
Percent Crround SloPs (1
2
a;
TYPE OF INDTYIDUAL SEWAGE DISPOSALSYSTEM PROPOSED:
()q SEPTIC TAI.IK
(' ) vAULTPRnry
( ) PrrPRnry
() CHEMICALTOILET
FINAL DISPOSAL BY:
ABSORPTION TRENCH, BED ORPIT
I,JNDERCROI'I{D DISPERSAL
ABOVE GROI.'I{D DISPERSAL
AERATTONPLAI.TT ( ) vAr.tLT
coMposTrNc ToTLET ( ) RF,CYCLTNq PoTABLE USE
TNCTNERATION TOTLET ( ) RECYCLTNG, oTTIERUSE
OTIIER. DESCRIBE
( ) EVAPOTRANSPTRATTON
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PER$IATION IESTXEST LTS, Cfo be-complAE tr R-egistered PiotEFonalEgneer, ifile-fngine*r aoes tte
Percolation Test)
Mnutes-per inch in bole No. f l\fimrtes iDctr ia hole NO. 3
Minutes perincbinholeNo.2 lvfinutes per inch inholeNO. _
Naog addrecs and tclephone ofRPE responsible for design ofthe Eyltenr
Applicant aolmowledges that the comfheness of the appticatioa is oonditional upon nrch firrther mandatory and
additional te$s ind reorts asmayberequired by the local halth d€partmerr to be oade and firnistred by tte appticaot
or Ly thc looal health departmcrn for ptrrposed of the evduatioa ofthe appliccion; ad thc issuaocc ofthe pcoo,it is
n$ject to such terms and couditions as deed nccessary to inqre compliance with rules and regulations madq
i6rm*iontnd rcportrc$fiiitted herervith rad roquired to be zubmitted bytleapplicont are or will be represcnted to
be tnre and oonoct to the bast of my knourledge rnd bdief and are designed to be relied on by the local dcpartnemt of
health io evaluating the sarne for purposes of issuing the pernrit appliod for herein. I furtber uodershna thu any
&lsifiouion or misreprcseotation may result in the deoisl of the applicotion or rwocation of any permit grantedbased
upon said application aad in tqgal aeion for pujuy as provided bylaw.
Nme, rddrees ard tctephorc of RPE q'ho madc soil absorption tests:
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Fonn No. OFFICE OF THE STATE ENGINEER
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg.. 1313 Sherman St., Denver, Colorado 80203
(303) 86&3581
APPLICANT
EXST
WELL PERMIT NUMBER 56080 .- r_-_
DIV.5 WD38 DES. BASIN MD
Lot 3 Block Filing: Subditr PREHM RANCH EXEMP'IION
APPROVED WELL LOCATION
\ .et^r.. GARFIELD COUNTY
MARLTN (coLoRADo) LTD \-,]t + 5 uJ'\\ ;Srn.nlinu Ju *r"l'irn",ri"'H#".r.
C/O COLORADO RIVER ENGINEERING
P O BOX 1301
R|FLE, CO 81650-
(970) 625-4933
DISTANCES FROM SECTION LINES
3530 Ft. from South Section Line
25O Ft. from East Section Une
UTM COORDINATES
Northing: Easting:WELL
-ISSUAIICE-OFTHISFERMIT-dOFSNOTEONF-ER-FWA_TENNICIITCONDITTONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury wilt occur to another vested water right or preclude another owner of a vested
water rightfrom seeking relief in a civil court action-
2) The construction of this well shall be in cornpliance with the Water Well Consbuction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Constuction and Pump lnstallation
Contactors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-1 37\2) for the construction of a well, appropriating ground water tributary to *rhe Colorado
River, as an aftemate point of drversion to the Avalanche Canal and Siphon, on the condition that the well shatl be operated
only when the West DMde Water Conservanry District's substitute water supply plan, approved by the State Engineer. is in
effec! and when a waier allotment contract between the well owner and the West Divide Water Conservanry District for the
release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD
contract #O0090&AAL(b) (amended).
4l Approved for a change in use of an existing well, constructed on March 5,2001, to a depth of 120 fee\ under permit no.
54875-F (canceled). The issuance of this permit hereby cancels permit no. 5487$F.
5) The. use of ground water from this well is limited to ordinary household purposes inside one (1 ) single family dwelling and
one (1) accessory dwelling unit, and the irrigation of not more than 20,000 square feet (0.46 of an acre) of home gardens
and lawns. A1 use of this well will be curtaited unless the water allotment contact or a plan for augmentation is in effect.
This well is known as Prehm Ranch, lot no. 3 well. Furthermore this well is located on a +- 4.3 acre residential site
described as lot no. 3, Prehrn Ranch Exemption, Garfield County.
6) The maximum pumping rate of this well shall not exceed 1 5 GPM.
7) The average annual amount of ground water to be appropriated shall not exceed 1.79 acre-foot (583,272 galtons)-
B) The owner shall mark the well in a conspicuous place with well permit numbe(s), name of the aquifer, and court case
numbe(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
g) This well shall be located not more than 200 feet from the location specified on this permil
10) A totalizing flow meter must be installed on this well and maintained in good working order- Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request ,/ 2\-2L/' oSrz'lS-/'ZDo /
APPROVED
DMW
Receiot No.9500671
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owNERS OF PROPERTY WITHTN 200 FEET OF LOT 3, PRESERyE AT PREHM RANCH
As shown on Garfield County Assessor Tax Rolls, Septernbet 14,2007
Subiect
Roaring Fork Purchase Trust
1221 Bdckell Avenue
Miami, FL 33131
North
Roaring Fork Land, LLC
1221 Brickell Avenue
Miami FL 33131
218534102003 R008095
278534102002 R008094
Mulliey II Limited Partnership
2860 Augusta Drive
Las Vegas, NV 89109-1549
South/Southwest
Frank E. Hrrpo
3940 I-aurel Canyon Blvd. No. 188
Studio City, CA 91604
Balogh-Glimcher Family Prehrn, IIC
150 East Main Streeg Suite 500
Columbus, OH 4321.5
Bershenyi Land and Catde LIIP
2833 County Road 117
Glenwood Spri"gs, CO 81601
East
L & YJammaron Family LLLP
4915 Highway 82
Glenwood Spri"g., CO 81615
John S. &NancyR Schneider 278534402005 R008097
4342 Gloster Road
Do[:.s,T)tr.75220
KBH, LLC 218534402007 R008099
1502 Dorchester Drive
Okl^homa City, OK 73120
!7est
218534102001 R008093
278534402006 R008098
278534402004 R008096
218534100014 R080508
218535200023 R060090
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MINERAL INTERESTS
LOT 3, PRESERVE AT PREHM RANCH
As disclosed by Title commitment issued by Land Title Guarantee company
NONE.
WARRANTY DEED
H'y*:o" this_duv_of septetbcr 20, 2ood
-,
bet*nJI]DT:E IJ. ITEO OR TER SUECEECMrErrsr oF zoor, onrao_r;gffiii"l_lrrRusr, As rREs?EE oF rHE ,rrDrrE L- NrRo REvocArLE
ROARTNC FOBK PtrRGASE TRUST
rhBc legEt Dddres6 iEot the...-
WITNLSS, That thc Granror(6), for and in comideratim of!.. Two Million Fivc Huodrcd Thousrnrl and 0O/l0O !r:
DCIjA.rsthc rffiipt lnd sufficicrcy of hfiich is hereby rckno{l.dged. hEs-9rshted,.b6r9ained, sold and conveyed, and by thesePreslnt. drE grlnt' baFealh' Bett, conv.y "na contim-ilio-'tfi-c""nt."ti), r,i" r,.ii"-.rJ u-"fiiI" ro."uu., ott tt.reot proprtv' tos'ther Hith tH"*H'I ;*:li":ii#i"gTi ?llHf
nl.tnerrs and asa sn
cosrv or
S8E ECIBXT "Ai AITACSE! EEREAO A}ID MADE I PART EEREOF
rhc su of (s2,500,000.00 )
atso tnocn as Etret nu6!r 1G12 1G3 COIrNff ROAD el,*rroO, gpR,,[GS CO. af.Of
I TOGEITTER f,ith !tt ehd singulsr snd heredit!mt6 ond appurtenarcs th.reto belonging, or in eyrisc appertginimI and the rcwre im and r*ere io*, r"*r,ra..'"J-i-i;;;;,-"il.", iss* and prorits ttJr.ii;-snd sr l thc BtDt., right
[ ;l*i#:Tif,j:';:.#.m*'*i;;;;..r ;;;;;;i.ii"ii'"i*". in rar or csuity, o{,.in ard to rh. abo* bsr'EinedTolH-vEANDToHoLD the eaid i"cni"e JJrc btrgsined ord-descrlbcd vith appurtenarcs, 6to th. Gr!nte(E),his h6irE srd cEisB {or!wr- Thc ormtor(sl, r.i it*lii,'ii"_lcim
"rd p.rsonal.-i;;;;;;;ir*, .bc6 covsd!, trmt,bargain' 6rd lsr* to snd rith thc Grsnt*(s); his h.ir; ;nd'ilsigr,. ttrot at tt. tt"l oi ir,i-*.o{rr, snd dEIive.yof th*' p*rnts, hG ie cil. eeizca oi ah;-;;;;";-;il'I*iior*,_n* sood, rur., [Err.cr, ab6oLut! rd irdefosibrcestste of irtreritme, In tsr. in fe.sirpte, ".,a-t"r-g"J "iJt, rurt p*" ina-i"irIi'"riil"i.v * sranr. blrsain,sel l '.d cmvry thc sro in namr and ioi-, i" "io.o"iJ]"na"lrrr, lhe 3@ ar. f ree and clcar rrm aL[ fomr rnd orhergrama' borgairo, 3atcs, Iier, tox*, ls.6ssmts, "*,jt.in.o and reitrictims Ji "nl,.r."'ri.a or norure s*ver,f^ffi#* & ps!,@ f! I m )ooe * i-imw ru, & B@ noa. i* u "^ffi or mlr
The Grstor(s) shalL and xitl l',ARRAllr ArD ToRFVER DEFETD th. rbovc b.rg'ined prqisei in rh! quic! shd peacc,blepocse*im of thc Gr!nte(.)' his h'irs ttu.""im, "srl;i "ii ".,a d.ry person or EEr'oB ia*futty ctaining rhc shotc,T;flrl liliiiiiil',1:ii';#1":*'i 6hatt i;i;;";;. ptiiir, ",,a;:;i;;;i ii"tiiJli.il'i- thG G. or ey s6dor
In-.{ITITTESSWHEREOI .th. cr6ntor(s) has exedtcd thi6 drd m thc dotE set fo.rh abovc.
STATE OT )
comry of L+**- 1""'ffircrAt sEAt
BAEARAJZYI.BAII
it::T*t*j-"j!1"!red0ed befoc me on this day iiby
3,ato
TI{Ejr]D-m.r L NnO nevocAELE IRUST OF 2OOl, DATEDFEBRYARTA. ]OOI
Escrof,l cg249B ITitte#- Gta49E8
tffi 8? 0B/29/U yD.opE{ lrARRAlTy o€ED
tlhcn necorded Retm to: ROARIIG FOR( PURCIASE .TRUST
. 1ZA BRTCKELL AVEiTUE, HlAiil, ft 33!f,t
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E.SHIBIT A
LOT 3
.. THE PRESERVE AT PREHI{ RAIICH
ACCORDIHC TO THE PREHX MIICH EXEI{PTIO}I PLAT RECORDED JUITE 13. 2()O1 UIIDER
RECEPTIOII ilo. 582501, THE FIRST AI'IEIIDED PREHII MIICH EXENPTIOII PLAT RECORDED
AUGUST 30, 2(}(}1 UI{DER RECEPTIOil ilo. 587388, THE I{ASTER PI-AT FOR THE PRESERVE AT
PREHH RAIICH RECORDED SEPTEI{BER ?5, lOOL UNDER RECEPTIOII tIO. 588988 AIID THE
AI{E}IDED IIASTER PLAT FOR IHE PRESERVE AT PREHH M}ICH RECORDED OCT()BER 17. ZOO1
UflDER RECEPTi0[ [0. 590185
COUNTY OF GARFiELD
STATE OF C[)L()RADO
Fom *HlBlTA 01./17l(E
: .Lt_1r_tiEtllt.tiltiltlll ]iltlt]t ltil il llm llll [[i -ts8z7a;7o/ o3/2{re,6 ot. o/? aiieif Fsia-i'--"' ..'
3 of 4 R 21.oo D ?5lo.oo mFIELD criulin co-'-
Exlr]3rr B OrnOrrlerNo. cW2492384
IHE EF?ECT OF INCLUSIONS-IN-AI{Y GENERAL OR SPEGIC WATER CONSERVANCY.EIRE PROIECTION. SOL CONSERVAIION OR O-TTIff;;"]CT OR INC'I,USION INraj{y wArER sERvr(E oR srn-err nenoGdfinll.
WATER RTGITS OR CX.AIMS TO WA]ER RIGHTS.
RIGET OF PROPRIETOR OF A \EiN ON LODE TO Dffo^CT AND REMO..E HIS ORETEEXEMOMSEOUI.D TIIE SAME BJ rOUr"O iO Piffirg OR INTERSECTTIIEPRI\fisEs As RESER'ED rN LNIIED steresie:tNirietnnro Dcccrubcr lB,1893. IN BOOK 12 AT PAGE 252 UNDER R.ECEI'IIO;'N'O:il*..
TERMS. COND-MONS AND PROVISIONS OF RESERVATIONS CONTAINM IN IHE. RIGIIT OF WAY AND EASEMENT q4E@ rc ROCKY MOI]NTAIN NATI.'RAI, GAS ,
RECEPTION NO.215447.
TERMS' @ND',ONS AND PROVISIONS OF RESERVATIONS COMAINED IN THE' RIG}IT OF WAY E{,EMEIVT-GRr{NTED tO rrIE il,'Jfin,AOI SIAIES TELEPHONE ANDIlEeRf! corvpAlrr, I!,9oRDED Apd, ;;il;i;oo( 430 Ar pAGE 136UNDM, X.ECEPTION NO. 253509.
TERMS, CONDMONS. RESIRICNONS AND RESERVATTONS CDNIAINED IN TI{ERIGET OF WAY EASEMENT-G-RANTED rO NO6-r,iOiii.rrEW NATURAL GAS DTVISION
.o-1I x, _T[EBcy, rNc., RBCoRDED ro* zz, rss-irN';66r zao er pocr o.zUNDER RECEPTION NO. 393218.
RIGET OF WAY FOR COI.rNTY ROAD 163.
AI{Y QUESIION, DIS"UTE O,R A-D\ERSE O.NMS AS TD ANY LOSS OR GAJN OFI.AND AS A }GSULT OF ANY CHANGE IN fu Nr6'i'iP TPENNON BY OTI{ERTIIAN-NATI'RAL CAUSS. OR ALTERATIOX rrNOUiS ACCRMON. RELICIION,EROSON OR AVUI.SION OF IHE-CONNTN-NNACD,-B-Ai'K, CHANNEL OR FLOW OFWATERS IN TEE ROARINC FORK NrVrN IYNgC_IffirM*- SUBIECT IA}.D. AND ANr:. QUESIIoN AS ?o TEE I.,ocATIoN oF STJE coRI.ffi-niEAD, BD, BA}.IK oRgllsP As A LEGAL DEscRrmoN r'aomn"a,ninlaanmn FoR puRposEs oFDESCRIBING OR I.OCATING S(,B'ECT LANDS.
HYl,_P-PPoNs AND pRovrsloNs oF CoNTRACT RECoRDED Februry 26,2001 IN BooK t233 Ar PAGE 739.
RESIRICITYE COVENANIS,.WfiIG{ DO NOT CONIAIN A FORFEITT'RE OR REVERTER, CLAUSE. BUT OMTIING A}.IY CP\ENANTS ON NEiTTTCNOIOS. IF AIVr, BASDupoN IACB; @rl)R, RErJcroN, sgr. snruer,.oirmrrinoN, FAMIUALsrATBs. MARTTAL srarus. pltlnrrr. nixoidrp. iiinomr, oRrGrN,AI.ICESrRY. OR soIrRcE oF Il\rcoME es-seTroRTn II\IarpUcoSrI sr^IE oe,:EDERJ.L LAWS. TXCEPT TO THE grrgUr rHEf SEP- d-6VN-IAN. OR RESIRICIIONIS PERMITTED BY APPLICCBI,^E LAW ES CO,nrANrd W-N.rSrrUr"Mrr NSCORDEDJm 1j|. 2001. IN BOOX 1260 AT pAcE 3oO aNO eS errer,rlm IN INSTRUMENT
M9l9Eo V'c'ber zi, 2ool, rN BooK rzrc ar reGE sio-AND AMENDED rNINSTRUMENT REcoRDED MAy 12, zooo rN soor rzsg ei p,c,cr zaz.
-. _'Hr1il:iltililffi[ ru ilil ilIil tilil lllllillllll lfll
- '' :IOBZIA, 70/03/A6 01:O1P 81849 P3?5 n fl-SDORF.-i 4 of 4 R zr-w D 25o.a0 GnRFTELo comiry co
E:EIBIT B Orr Order No. GW249738-4
TERMS, CONDMONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED' August 16, 2001 IN BOOK 1278 AT PAGE 319.
IERMS, CONDMONS AND PROVISIONS OF EASEMENT AGREEMEM NECORDED
,Yj:-.* *' 2001 IN BooK 1283 AT PAGE 7e.
IERMS, CONDITIONS AND PROYI$ONS OF RESOLUTION # 200I-69 PGCORDED
OctotEt 08,2001 iN BOOK 1292 AT PAGE 739.
, , TERMS,'CONDITIONS AND PROVISIONS OF RESOLUTION # 2OOI-70 RECORDED
Octobcr'0E. 2O0l IN BOOtr 1202 AT PAGE 742.
TERMS. CONDITIONS AlilD PROVISIONS OF BYI-AWSLECORDED Octobs l'5. 2001- - ----IN BOOK-1294-Ar
EASEIIE}TTS. RTCITIS OF WAY AND OTHER, MATTERS AS SHOWN ON IHE PI.AT FOR- PITEBII.RA}.ICts RECORDED JT,NE 13. 2OOI I,NDER RECEMON NO.5&50I. THE
FIRST.AMENDED PREEM TENM OCMIPITON RECORDED AUGUST 30, 2OO1 U}{DER
RECEPTION NO. 5TAS8 AND TITE MASIER PI,.AT FOR PREHM RANCI{ RE@RDED
SEPTEMBER 25, 2OO1 TINDER RECEPTION NO. 588988
ANY BOIJNDARY DISCREPANCY DTJE TO THE LOCAIION OF FE}ICE IJNES ALONG TIIE
SOUTIIERLY BOI,'NDARY AND IEE EFF]ECT OF ANT RIGI{T, TTTLE OR INTEREST" TTUiT *itY gE CL.I]MED DUE TO.ANY SAID DISCREPANS{ AS SHOWN ON
IMPR,OIIEME}IT ST,R\/EY DATED AUCUST 2I. 2006 PREPARED BY SIGH @I,){IRY
ENCINEERING.
RIGI$ OF AIAY FOR DITO{ES AS SIOWN ON II,{PROVEMENT suRvEY DATED AUGUST
21. 2006 PREPANED BY SIGH COIJNIRY ENGINEERINC.
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HrflU tffi tn.tlot h!fr&gehtcutllrnrndm Psa?Edagodrotniuag
, tqlcr.'-sr olhilsiqgisirir dc&dl<UugoDaPlelrqgDqnrwt cr bcf,ec
SOIIRING TOSK XURCITASE TRI,Sf
Received Iime Sep.28. B:24AM
I'
:
a
P
E
E
STATEMENT ADDRESSING REQUIREMENTS OF SECTION 5.03
OF THE ZONING REGUI.ATIONS
(1) Utilities adequate to provide water and sanitation service based on accepted engineering
:trH::"T*11til".,1H *rftri$:,"""J3,commissioners
sha, either be in place or sha, be
Response: The existing utilities that provide water @e[ Permit No. 56080,
Exhibit C to the Application) and sanitation (Individud Sewage Disposal Permit No.
3705, Exhibit B to the Application) serice to the subfect property are sufficient for
the existing primary tesidence on tle property and ttre proposed accessory dyyslling
ffq! (A.D_Q.-Ih_.-4glgog{4_"$pti_9 ryrlfqr_ggot_emplated qdditiggal3sageand
, _-__ __ ---th.erefore-rs4rd,e_s€r_gdsrrth_:*re!ry-anacilfor an-ADU;andJpplicant will satisfy---- -Conilitioniwidi iespect to suCh septiCsystem requfuedof Appficaoi in Eonnecrion
rq/ith e[taining a building penrrir The well permit specifically allows for use of the
weil for both a pdmary residence and an accessory dwelling unir Applic^nt ootes
that the primary residence was constructed in apptoximately 2003.
Q) Steet improvements adequate to accornrn odzte tzffrc volume generated by the proposed
use and to ptovide safe, convenient access to tle use shall either be in place or shall be
constructed in conjunction with ttre proposed use.
Response The ADU will be accessed by an extension of the existing driveway
that intersects CR 763, znd will not in itself ceate any additional rzffrc volume
which will require accommodation. Applicant understands and agrees thag in
connecd.on'trith the construcdoo of the ADU that upgrades or other changes to ttre
ddveway access may be a condidon 1s 6lteining a cerdficate of occupancy for the
ADU. Applicant will satisfr any such condidon. Applicant believes, howeveq tha.t
tle existi.g access is sufficient for servicing both the primaw resideoce and ADU
witlout the need for any upgrades, and vrill not create the need to corstruct any
street improvements to accommodate ttre mioimal impact caused by the
redevelopment of the subject properry.
(3) Design of the proposed use is orgaqized to minimizg irnpact on and ftom adjacent uses of
land through installation of screen fences or landscape materials on ttre peripheqy of the lot and by
location of intensively utilizgd areas, access poiats, lighting and signs in such a marrner as to
protect established neighborhood chamcter.
Response The ADU has been placed on the property a:ed designed to cause
minimat impact on and ftom adiacent land. Applicant understands and agrees tha! in
co''.ecdoo with the construcdon of the ADU, fencing andf or landscaping (as
appropriate) may be a condidon to obtaining a certificate of occupancy for such
pdmrry residence. Applicant will satisfy any such condition. Applicant notes that an
affiliate of Applicant owns the neighboring Lot 2, Prchm Ranch.
H ilHIBIT
EN
STATEMENT ADDRESSING REQUIREMENTS OF SECTION 5.03.021
(ACCESSO RY DWELLING UNIT)
5.03.021 Accessorv Dwelling Unit Use of a structure as an accessory dwelling whether approved
by Special IJse, use by right in a new subdivision approval or on an existing lot must meet
the following standards, as well as a1l other standards applicable to residential use:
(1) The midmum lot size shall be four (4) acres containing a building site with
slopes less than 40oh ttleast two (2) acres in size.
Response: The subject property is approximately 4.723 acres in
. :: _apDroxmately thq _elure slte (Dee lmProvem-e$-E )ulYgy PIgP4I.eq Dy_l'l -"' -'
High Country Engineering, and tbeVicinity Map with topogtaphical
features, attached as Exhibits E and F to the Appiication)
(2) The gross floor uet forresiden '^l use occuParcy shall not exceed 1500 sq. ft
Response: Applicant understands and shall gesply with this
condition.
(3) Apptoval ftom the subdivision homeowners asso.irtion md/or. allowed by
covenant if applicable"
Response: Construction tequires approval of the Preh", Ranch
architectural semmittss. Applicant turs obtained the necessary
approval ftom the cornmittee.
(4) Proof of a legally adeguate soutce of water for to.additional dyglling uoil
Response: The ADU vrill be sewed by the existing well located
on the subiect ProPetty (See !7ell Pemit No. 56080, attached as
Exhibit C to tle Application). Such well petmit specifically allows
use of tle well by 6ns singlg family residence and one accessory
dwelling unit
(5) Compliance with the County individual sewage disposal system regulations or
proof of a legal abfity to connect to an apprcved centtal sewage treatrnert facility.
Response: The ADU will be served by the existing sewage
disposal system located on tfre subiect ProPerry servicing the pdmary
residence (See Individual Sewage Disposal Petmit No. 3705, attached
as Exhibit B to the Application). Such system was designed urith and
has excess capacity to ptovide the ADU with sufficient sewage
disposal in conrpliance w:tfi applicabie ieEriladons. Applicaat wiil
satis$r any conditions required of it with respect to tle septic systerr
in connection udtlr obtaining a building permit
(6) Only leasehold interests in the dvTslling units are allowed.
Response: Applicant understaads and shall comply ''with this
condition.
fl) That all construction complies with the apptopriate County building code
requirements. (4.95-076)
Response Applicaat understands and shall comply witlr tlis
condition.
e
Ea
GARFIELD COTJNTY BUILDTNG AND PLANNTNG DEPARTMENT
APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
e_qt4b!iqhe14 fee sghe4qlq fof qac_h lype of qubdivision or land use review applications, and -th,g guiQgliaes for
sadministration-of the-feettructure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COTINTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COTINTY stafftime or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COLINTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COI-INTY of any land use permit, zoning amendment, or subdivision
plan.
APPLICANT-PoAE,rje- FaRK PURLH*<€ TP.r<1
fut "lSignature
Date: to/ l lzno-
AGREEMENT FOR PAYMENT FORM
y(hereina-.,n"fl(i,'"- B*Kil a,O P"*'* r*'+
(hereinafter APPLICANT) agree as follows:
, Nu*ICANT has submittedl)we(l,ns d n;
COI-INTY an application for 5 ,>ez^\ ( t) X' P"f ' I
(irereinafter, T
:,L"a(ua6^r 4
Print Name
1,lt7not
Page 4
7 1a;ll^^
CHARLES-T. BMNDT (1939-2001)
GlmuLS. Btt^,rnul
MICHAET- FEIGENBAUM
LUCAS I)ECK
PETER P. DEI-ANY,PAR LEGAL
AMY TARRAN'r, LEGaL AssIsraNt
cc: George Conrades
Butch Zigurs
BnnNoT + FEIGENBAUM, P.C.
ATTORNEYSATLAW
MIDLANDMALL
132 MTDLAND AvENur, Surre 4
BnsarL ColonaDo 81621
'rELEPHoNE: 970.925.5196
FAx: 970.925.4559
uw.bmndt-larv.com
October 4,2007
i\{ICI{AEL FEIGENBAUM
m feigcnbaun{O}randt-larv. com
By Email
Garfield County
Planning and Building Department
Attn: KatyMddleton
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Reference:Roadng Fork Purchase Trust / Special Use Permit for
Accessory Dwelling Unit
Suonlemental Information
Dear I(aty:
,\fter discussing with the applicant, I have conEr:sred t}at the proposed accessory dwelling unit
(ADI, 'will consist of oniy one bedroom. Butch Zigurs will subrnit new plans for the ADU, which will be
re\dsed to include one bedroom and one den/ofEce vrhere the second bedroom was previously shown. With
this change, there srill be a total of eight bedrooms on the property, ie, seven in the primary residence and
one in the ADU. Your email of October 3,2007 indicated that the maximum number of bedroorns forl-ot 3,
Prehm Ranch, is eight. I understand thaq once the plans have been revised and submitted, the application will
be in compliance with this condition.
Please let me know when you have received the revised ADU pians from Mr. Ztgats, and that the
application is complete.
Thank you ogain for your assistance, and please let me know if you need any additionai information
or documentation.
:kdM
BRANDT FEIGENBAUM, P,C.
f
Rcturo to;
Brandt Feigcobaun, PC
132 Midlaqd Aveoue, Suitc 4
Brsdt, CO 81621
STATEMENT OFAUTHORITY
1, This Stetcmeot of Authority rclates to ra entity osracd Roering Fork Purcheee Ttuct, aad is
cxecuted oa bchalf of thc cntiry puttlr{lt to tbe proviei,oos of Sectbo 3&30'172 C'R-S'
2. Thc type of codtyis eTnct
3. T[s rrrailing addcsr fict thc cotity ic 1221 BricLcll Aveouc, Mlami, FL 33131.
Theeatityisesablbhedundctthclaws of floa d-x
5. Thc oarnc and poritioa of thc percon(s) autborizecl b cxecutc iDrtrumcots cooveyin&
ot otlsn'iae affccting tittc to rcal ptopct'ty oo behdf of t[e eotity isr
Normao J. Bcnford, Trustte
6. Tho authority of the forcgoiog Pe$oo(t) to biad thc cutity ir not limitcd'
Dated:Ocoboi ,ZOOI
Bp
STATEOFFI,ORIDA
couNTYoF }llorn'- Dtd€
)
)ro
)
The fotcgohgiostnrmeot wes acknorrlcdged bcfolc mc Uir.L a"y of Octob€t, m7 WNotmeaJ'
Beaford Tnutcc.
Wltaars my haod ead of5ciel real
My Conmicsioo Expirer:-
CHAR-LES T. RRANDT (1939-2001)
GamsrS. Br-q.Nor
MICI{AEL FEIC;ENBALIM
LLICAS PE,CK
PETER P. DELANY, PARALEGAL
;\tvrv Tanru.Nr, LEGar AssrstaNl
Bn-txor } Fp,IcE,NBAUN,I, P.C.
;\'1"1'Oltt'r'- IIYS A'f L,\W
N{IDLAND MAI,I,
132 MIDLAND A\ENuT, SLIITE 4
BASALI; C( )LORAD( ) 8l 621
Tnr,EpHCrNE: 97 0.925.5t96
FAx: 970.925.4559
rnrrrbrandt-lan:com
October 2,2007
I{rCr{.uit. Ft..l c;p,NB.luru
m[.ircnbrumfi .bmnJt- hu.com
By Hand Delivery
Garfield County
Pianning and Building Department
Attn: I(ary Middleton
108 Eighth Steet, Suite 401
Glenwood Springs, CO 81601
Refetence: Roaring Fork Purchase Trust / Special Use Permit for
Accessory Dwelling Unit
Dear Katy:
This frrm represeflts Roaring Fork Purchase Trust in connection with the above tefetenced
Application. We have discussed and exchanged emails several items regarding this Application, including that
I was re-submitting the Application at this tirne. I understand that, from the previous submittal made by
Butch Zigurs (which incorrectly indicated that the applicant was George Conrades, individually, rather than
Roadng Fork Purchase Trust), you have sufficient site plans (Item D below) and a check for the fee in the
amount of $400 (Item O below), already in your possession, and that these will be included as part of this
Application. I want to thank you for the guidance you have already provided in connection with subrnitting
and processing this Application.
With this letter I have enclosed two (2) copies of a completed Application for Special Use Permit
(Accessory Dwelling UniQ, with the following Exhibits attached (or rn your possession, as indicated):
A. Statement addressing subject property, existing conditions, and tequest for accessory
dwelling unit.
B. Individual Sewage Disposal Permit No. 3705.
C. Well Permit No. 56080.
D. Site olans (Alreadv in r-our oossession).
E. Improvement Survey dated August21,,2006 prepared by High Country Engrneering
F. Vicinity Map (fopographic).
G. Assessor's Map.
H. Property Owners located v/ithin 200' of subject property.
I. Mineral Rrghts Owners.
J Deed and legal description.
K. Owner's Authorization, signed by NormanJ. Benford, Trustee of the Roaring Fork
Purchase Trust.
L. Statement addressing requfuements of Section 5.03.
M. Statement addressing requirements of Section 5.03.021.
N. Agreement to Pay
O. Check in the amount of $400 for the base fee (Alteady in ],our possession).
Please let me know if you have any questions regarding this Application, or if you need any additional
information or documentation. I look forward to working with you in processing dris Application.
Youts very truly,
*,H,"*"i+"^^-
Bn-rNnT F'EIG ENB,\UN{, P.C.
Enc.
cc: George Conrades
'?mr}vt h
NOTES:
1) IHIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICIIONS,' CowueNrs AND EAsEMENTS oF REcoRD 0R rN PLACE.
2) OA1E OF SURVEY IYAS. NOVEMBER 2OOO IHROUCH JANUARY 2OO!.
S) SESIS OT BEARINOS FOR ]HIS SURVEY IS A BEARING .OF N 69']9,36. W,
EETWEEN THE SOUIHEAST CORNER OF SECTION 34. AN ALUMINUM CAP.
rs No. rszio, AND THE souft QUARTER ooRNER oF sEcrloN J4, A 1976
OARFIELD COUNTY BRASS CAP, BOTH FOUND IN PLACE.
i
4) 1HIS SURVEY IS BASEO ON RECORDEO OOCUMENTS ANO CORNERS FOUNO, IN PLACE.ANO T}IE TITLE POUCY PREPARED BY LAND IITLE CUARANTEE
COT"IFTIV OT GLENWOOO SPRINGS, DA'IED JANUARY 6. 2001, ORDER NO'
BS2J51 94.
b) THE puRposE oF THrs nRST iuer'rouettr ts To AoJUsr *i ,ou*oo*,et. ANO RECONFIGURE EXEMP]ION LOTS 2 AND 3 AS ORIGINALLY DEPICIED ON
THE PHEHM RANCH EXEMPIION PLAT RECORDEO IN I}IE REAL ESTA]E
. RECORDS OF GARFIELD COUNI.Y ON JUNE 13,2001. AS RECEP]]ON N0.582501,
6) CONTROL OF NOXIOUS WEEOS IS THE RESPONSIBIUTY OF THE PROPERTY
O'#NER.
7) ONE T1) OOC. WLL BE ALLOWED FOR EACH RESIOENTIAL UNIT WTHIN A'' sueoivisroN ANo rHE,Doc sHALL BE REeutREo To BE CoNFTNED wlHlN THE
9) ALL EXIERIOR LIGHTING BE THE MINIMUM AMOUNT NECESSARY ANO THAT' ALL EXIERIOR LIGHNNC BE OIRECIED INWARD, TOWARDS THE INTERIOR OF
.THE 9JBOIVISION, EXCEPT'IHAT PROVISIONS MAY 8E MADE TO ALLOW FOR
SAFETY LIGHTING THAT GOES BEYONO THE PROPERTY BOUNDARIES.
10) POR]IONS OF]HE LOTS ALONG lHE ROARING FORK RIVER ARE WTHIN IHE'!OO.
YEAR FLOOOPLAIN. ANY OREOGING. BLUNG OR CONSTRUC]ION WTHIN lHE
FLOOOPLAIN IS SUBJECT IO THE APPROVAL OF A FLOOOPLAIN PERMIT FROM
CARFIELO COUNTY,
,I) COLORAOO IS A .RIGHT-TO-FARM, STATE. PURSUANT TO C.R.S. 55-J-IOI, EI SEQ..
LANOOWIIERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE
AclvtTIES, sicxts, soutlos ANo sMELLS oF GARFIELo couNw's
,AGRICULTURAL OPERAI1ONS AS A NORMAL AND NECESSARY ASPECT OF
ltviNc n r couNTY trllH A srRoNG RURAL CHARACTER AND A HEALIHY
RANCHINC SECTOR. I}IOSE WlH AN URBAN SENSINMII MAY PERCEIVE
SUCfi ACNVIIIES, SIGHTS, SOUNDS AND SMELLS ONLY AS INCONIENIENCE'
EYESORE, NOISE AND ODOR. HOWEVER, STA]E LAW ANO COUNTY POUCY
FnovoE rslr RANCHTNG. FARMING oR oTHER AGRtcULTURAL AcrlvlTlES,
AND OPERATIONS W]THIN GARFIELD COUNTY SHALL NOT BE CONSIDERED ,TO
BE NUISANCES SO LONC AS OPERATED IN CONFORMANCE I4ITH lHE LAW'ANO '
IN A NON-NEGTIOENT MANNER. IHEREFORE. ALL OW\ERS MUST BE PREPARED
TO ENCOUNIER NOISES. ODOR. LIGHTS. MUO, OUST. SMOKE CHEMICALS'
MACHINERY ON PUBLIC ROAOS. LIVESTOCK ON PUBLIC ROADS' SIORAGE ANO
DISPOSAL OF MANURE. AND IHE APPLICATION BY SPRAYNG OR OTHERWSE
OF CTIEMICAL FERIIUZERS. SOIL ATJENOMENTS. HERBICIDES, AND PESTICIDES'
ANY ONE OR MORE OF WIICH MAY NATURALLY OCCUR AS PART OF A LEGAL
AND NON-NEGLIGENT AGRICULruRAL OPERATIONS.
I2). IN ADDI]ION, ALL OWNERS OF LANO. WHETHER RANCH OR RESIDENCE' HAVE' oguceTtoMs UNDER srATE LAw ANo couNTY REGULATIoNS '*lTH REGARD
io me uawrcHlNcE oF FENcEs AND IRRIGAIIoN olrcHES, CoNTRoLLING
WEEDS, KEEPINC UVESTOCK ANO PETS UNDER CONTROI- USING PROPERTY IN
' ACCORDANCE WIIH ZONING, AND OIHER ASPECTS OF USNG AND
UIITIIIIG PROPERTY. RESIDENTS AND LANDOVNERS ARE ENCOURAGED
io ulnr naour rxesE RrGtrTS AND RESPoNStBlLlllEs ANo Acr AS GooD
NEIGHBORS ANO OI1ZENS OE IHE COUNTY. A COOO INIRODUCTORY SOURCE
FOR SUCH INFORMATION IS .A GUIDE TO RURAL LIVING & SMALL SCALE
ACRICULTURE. PUT OUT BY THE COLORAOO STATE UNIVERSIIY EXTENSION
I4) lHE FIRE DEPARTMENI VJILL RESPOND TO ACI1VAIION OF AUTOMANC FIRE
ALARMS ONLY WHEN:A. A FLOW SWTCH ON THE FIRE SPRTNKLER SYSTEM IS ACTIVATED.
.8. . A RESPONSIELE PERSON FOR ]hE RESIDENCE OR A RUNNER FOR THE flRE ALARM
COMPANY HAS CONFIRMED AN EMERGENCY.
15) CHAPTER E OF NE9A 299 SHALL BE USED AS A GUIDE FOR STNUCTUNII.
LOCANON. DESIGN ANO CONSTRUCTION. .A SI'IE ANALYSIS BY IHE
COLORADO STATE FOREST SERVICE SHALL 8E REOUESTED,
16) THE PURPOSE OF IHIS SECONO AMENOEO PREHM RANCH E€MPTION PLAT IS, TO OEPICT THE ACCESS BETWEEN LOTS I, 2 AND 3 ANO THE REMAININO PREHM
RANCH PARCEL ANO 'tHE PUBUC RIOHT-OF-WAY KNOW\I AS OAK
LANE LOCATED TO IHE SOUB AND EAST OF THE REAL PROPERTY
DESCRIBED HEREIN.
17) EXCEPT AS EXPRESSLY AND SPECIFICALLY MODIFIED BY TXIS SECONO AMENOEO PREHM' RANCH EXEMPTION PLAT, THE FTRST AMENEED PREHM RANCH EXEMPIION PLAT
RECORDED IN THE REAL ESTAIE RECOROS OF GARFIEID COUNTY AS RECEPTION NO.
587388 ANO ALL OF IHE TERMS, CONOINONS. NOTES AND LIMITATIONS SET FORTH
ANO OEPICTED THEREON REMAIN IN FULL FORCE ANO EFFECT W]HOUT MODIFICANON
OR AMENOMENT.
frPc
MORTGAGEE I
ALP I NE BANK
600 EAST HOPKINS AVENUE
ASPEN , COLORADO 8I 61 1
ffi!'*"'--
'i
PMsE+s
A PARCEL OF 'LANO S
WEST OF THE SIXTH I
PARCEL OF LAND MORI
COi.I|METICINC AT THE :
FOUNO IN PLACE; THI
RIGHI.OF-WAY OF THI
N .r 6'+6'17' w 308.
WESTEflLY RI GHT-OF-
WESIERLY RICHT-OF-
FEET, A CENTRAL AN
N r7'02'oo'w 37.6
365.36 FEEI; THENC
THENCE 5 46:56'52'
FEGINNINC. SAID F
:
rxruplol roi 2 Pno
A PARCEL OF LANO sl
THE SIX'TH PRINCIPAL I
MORE PART1CULAREY D
.cc.tMENctNG ri r*E s
PL^CE: IHENq€-N.02'4
COLOR(DO MISLANO R'
N 16'46'17" w JOB.10
FEijI; IHENCE S 59'0!
N 4655'52' E 60.14 F
THENCE S 59'JE'55. V
SAID PARCEL OF LANC
EXFMPTION LOT 3 PRC
A PARCEL OF LAND SI
THE SIXIH PRINCIPAL
MORE PARTICULARLY I
couugNclxc rl THE I
PLACEi THENCE N 02'
COLORADO MIOLAND R
N 5014'20' E J29.55
FEET: THENCE S 02'5'
N 85'07'20" W 474,01
.ACRES, MORE OR LESI
KNOW ALL MEN BY'T
THAT MARLIN (COLC
OF GARF I ELD. STAT
OESCRISEO IN THE
THAT SAID OIU{ER I-
1-5 AND THE REMAI
Nl/2SE1l4 AND THE
sEcTtoN 55. TollNS
GARFIELD, STATE C
IN WITNESS HEREOF
oF r,r,ARLlN (coLoRl
DAY OF
OW{ER:
MARLTN (C0L0RAD0.
215 SOUTH |.|ONARC[
ASPEN. COLORADO
BY: IaARLlN (C0
8Y:
-
TII,IOTHY D. H
ST:ATE OF COLORAD(
cc.lr.:l r or
THE FOREGOING O9'II
.- ijr
LTD. \,
WITNESS MY HANO
MY COMMISSTON EX
owiER: Lor J
RAY},ONO NIRO AND
BY;
-
8) NO OPEN HEARTH SOL'D-FUEL FIREPLACES WLL BE ALLOWED ANYYIHERE
MTHIN AN EXEMP'IION. ONE (1) NEW SOLID-FUEL BURNINC..STOVE AS OEFINED '
By c.R.s. 25-7- 401, ET, sEQ;, AND THe REouLATloNs PRoMULGATED
THEREUNOER. wlLL 8E ALLOWED IN ANY DWELLING UNIT, AIL OWELUNG
UNITS WLL BE ALLOUIED AN UNRESTRICTEO NUMBER OF NAIURAL OAS
o
s - rr-D Piaa - ,€e-e"-frsazidz-- O
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
PREHM RANCH SUBDIVISION EXEMPTION
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
(the "Declaration") is made this day of
(COLORADO), LTD. (the "Declarant").
, 2001, by MARLIN
RECITALS
A. Declarant is the owner of real properfy situated in the County of Garfleld, State of
Colorado. as <iescribecl in Exhibit "A" appended hereto, comprised of approximately one hundred
ninety-one ( l9l) acres of land.
B. The Declarant intends to create separate parcels of land from the property described in
Exhibit ..A" (hereinafter referred to as the "Lots"). The Declarant has received approval fiom
Gartleld County fbr a subdivision exemption creating a total of four (4) parceis on the Prehm Ranch,
three (3) of whicn are identified on the Prehm Ranch Subdivision Exemption Plat as Lot I
(approximately 4.00 acres), Lot 2 (approximately 4.2 acres) and Lot 3 (approxim ately 4 '2 acres), and
tt.'fourtf,,u.i', Lot being comprised of the balance of the Prehm Ranch containing one hundred
seventv-nin e (179)u"r.r, ..ror" or less. The Lots will be conveyed to owners subject to the terms of
tnis l)eclrrarion. The Prehm Ranch Subdivision Exernption Plat is recorded in the real estate records
oiCarfieid County as Reception No.
herein.
and shall be deemed a part hereof and incorporated
C. Declarant desires to establish certain covenants, conditions and restrictions which shall
apply to the Lots in order to accomplish the purposes as set forth herein.
NOW, THEREFORE, in consideration of the foregoing premises, the Declarant states
as follows:
l. Declaration. To further the purposes expressed herein, the Declarant, for itself,
its successors and 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 constifute covenants running with the land
benefitted and burdened thereby, shall be binding upon and inure to the benefit of the Declarant, and
shall be binding upon any person or legal 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 in order
to preserve ancl protect the quality and integrity of the Prehm Ranch and its facilities, and to preserve
ani protect the highly desirable rural residential and recreationally oriented character of the Lots for
the Lenefit 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-profit
corporation. This Declaration shall not result in the creation or establishment of a common interest
community which is subject to the provisions of C.R.S. $ 38-33.3-101, et seq.
u/ts/o I -
3. Definitions.
(a) "Declarant" means Marlin (Colorado), Ltd. and any parly designated as
a successor or assign of the Declarant by a written instrument duly recorded in the real estate records
of Garfield County, Colorado, which instrument, to be effective, need only be signed by the
assigning Declarant. Such instrument may specifi the extent ancl portion of the rights or interests
being assigned by Declarant, in which sase the assignor shall retain all other rights of Declarant not
so assigned
(b) "Lot" or "Lots" means each or all of the lots and parcels described in or
ref'lccted on the plat of the Prehm Ranch Subdivision Exemption, as amended from time to time, as
thc context requires, and unless otherwise provided, includes the improvements situated thereon. As
used herein, the term "Lots" shall inclLrde all and any interests in the Lots, including any undivided
interest therein.
(c) "Common areas" means those areas depicted on the PIat of the Prehm
Rlnch Subdivision Exemption or described herein, as amended from time to time, including the
corninon access road servicing the Lots.
(d) "Owner" means the person, persons, or legal entity holding record fee
simple title to a Lot or an undivided interest therein.
(e) "Mortgage" means any mortgage, deed of trust or other security
insrrument creating a real property security interest in any Lot, excluding any statutory, tax or judicial
lien.
4. Building and Land Use Restrictions.
(a) Residential Use Onlv. The Lots shall be used only for residential
purposes. Except for rental, no Lot shall be occupied for or used for any commercial or business
purposes except as may be incidental to use and occupancy for residential purposes.
(b) Improvementsilandscapine and Fencing. No physical improvements of
any nafure shall be constructed on any Lot without the prior written consent of the Declarant and
pursuant to ruies and regulations of an architectural control committee established by Declarant.
(c) Nuisances. No noxious or offensive activities shall be carried on upon
any Lot nor shall anything be done thereon which may become an annoyance or nuisance to the users
of any neighboring Lots.
(d) General Restnctions. No exterior antennae or satellite dish shall be
allowed on any Lot without the prior wntten consent of the Declarant. No elevated tanks of any kind
shall be erected, placed or permitted upon any part of a Lot. All mechanical equipment shall be
located so as to prevent any undesirable view or noise from neighboring Lots. Garbage and other
waste shall not be kepton any Lot, except in sanitary, bear proofed containers which are adequately
screened. All garbage and waste shall be taken, on a regular basis, by the Owner to the trash
collection area for removal by the Owner's trash collector. No outdoor jacuzzis or hot tirbs shall be
allowed on any Lot without the prior written consent of the Declarant.
(e) Pets. One (l) dog and other small domestic animals such as cats and
birds may be housed and maintained by Owners of a Lot provided that such anirnals are
appropriately controlled. Owners may take their clog onto Common Areas provicled that a leash is
used at all times to keep the dog under positive control. Under no circumstances may clogs or other
small animals be allorvecl to roam at large, to intcrfere with ranch operations, or to harass wildlife.
Ilorses or other livestock may be permitted by rules cstablished by Declarant.
(0 Siens. No signs whatsoever shall be permined within or upon any Lot,
except one sign providing the Owner's name and address and one real estate "for sale" sign.
(g) No Subdivision. Except as provided below and as expressly reserved to
Declarant, no Lot may be subdivi<led ncr shall a fractional portion thereol including time share
estates, be sold or conveyed so as to be held in divided ownership, except as permitted by Declarant.
(h) Insurance. Each Owner shall obtain and maintain a policy or policies of
insurance providing comprehensive coverage against tire, casualty and damage in an amount and
upon terms as are sufficient to pay for the repair of any damage to or the replacement costs of the
improvements on each Lot. The Declarant shall be named as an additional insured as to all activities
and common interests related to the Common Areas.
(i) Rules and Regulations. The Declarant shall have the right and authority,
subject to reasonable notification to Owners, to adopt rules and regulations and to impose limitations
and restrictions regarding the use of all ponds, roads and Common Areas.
5. Water Service
(a) Private Water System. Each Lot shall be connected to and provided with
water service from a private water system to be developed, owned and operated by the Owner of
each Lot. Declarant may adopt rules and regulations goveming said water systems and the location
thereof which rules and regulations shall be binding upon every Lot owner.
(b) Domestic Water. Declarant has permitted and received approval to
construct domestic water wells pursuant to those certain well Permit Nos.
Thewells,wellpermitsandwellequipmentshallbeheldinthenameorffit
rnaintenance, operation, repair and other costs associated with the development and delivery of water
to the separate Lots shall be a separate obligation of the Owners of such Lots.
(c) Irrigation/Fire Protection. Each Lot shall be entitled to utilize irrigation
water available from the ditches and/or pond depicted on the Prehm Ranch Subdivision Exemption
Plat or developed on the Prehm Ranch for Common Area use 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 irrigation water for fire protection.
"(d) Easements for Access. Each Owner of a Lot shall be deemed to have an
easement for access across the roads of the Prehm Ranch to the ponds and irrigation water delivery
systems for purpose o1'eff'ectuating the delivery of irrigation and fire protection waterl
6. Reserved Riehts of Declarant.
(a) Undivided Interests. with respect to any Lot o,,i,necl by Declarant, the
Declararlt reserves the fight to create, market anrl manage undividecl ownership inteiests which maybe subject to contractually enforced rules and regulations regarding use, occupun"y ,n.l
transferability. The use and ownership of each undivided interest shall be subject to the provisions
of this Declaration, including the requirement that each undivifled interest be owned by a member
of the Association described herein. No O',vner other than the Declarant shall have the right to create
such undivided ownership interests without the prior',vritten approval of Declarant.
(b) Easements.
(l) Maintenanc!. Declarant reserves for itself, its successors or
assigns, and tbr the use and benefit of Owners and the Association a blanket easement across and
upon each Lot, outside of the development envelopes shown on the Plat, if any, for the performance
of maintenance or repair to common utility facilities, including irrigation and drainage systems,
paths, common areas and facilities, and the use of such facilities by Owners, rnembers and guests.
(2) Access and Utilities.
(i) Declarant shall establish and maintain specific access
easements over, across or under designated portions of the Ranch for the use and benefit of Owners,utility providers, and for law enforcement, fire and other emergency personnel and equipment.
Declarant reserves the right to relocate and reconstruct such easements hom 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.
(ii) Each Owner of a Lot as depicted on the prehm Ranch
Subdivision Exemption Plat shall be entitled to the use and enjoyment olth. common road depicted
thereon connecting the Prehm Ranch to the public right-of-wayprovided by County Road I 63, which
common road traverses the west side of Lots I ,2 and 3 and serves the balance olthe Prehm Ranch.
An access easement is specifically granted to all Owners of Lots for purposes of ingress and egress,utility connections, emergency access and all other pur.ooses .easonibly necessarylo effecruuL tn.
use and development of all of the Lots for residentiar purposes.
(iii) Each Owner of a Lot shall be subject to assessments for
the maintenance and repair of the access drive connecting their lots to thl public right-of-way.
Declarant, the Association and all Owners agree to maintain and repair the iccess road so as toprovide emergency vehicle access in accordance with the requiremints of Garfield County, the
Glenwood Springs Fire Depalment, any fire protection districi with jurisdiction over the pr-dect,
and reasonable health and safety standards as may be adopted by the beclarant, the Association oi
any governmental agency with jurisdiction over the Project, from time to time. Maintenance and
repair shall be deemed to include snow removal, dust suppression, surface and subsurface repairs
and other matters reasonably related to the preservation and maintenance of adequate, safe u.a.a,
to all Lots.
(c) Rcconfier:ration of Lots. Declarant reserves the absolute right to
rcconfigure the shape ancl dimensions of each Lot over which Declarant retains ownership. The
reconfiguration shall be accomplished bytherecording in the Garfleld Counlyrecords ofan amended
subdivision exemption plat fbr the Prehm Ranch.
7. The Prchm Ranch Owners Association.
(a) Formation. The Declarant shall lbrm the Prehm Ranch Owners
Association (the "Association") as a nonprofit corporation which shall be charged with the duties
ancl invested rvith the powers prescribed by law and as set tbrth in its Articles, Bylaws and this
Declaration. Neither the Articles nor Bylaws of the Association shall, for any reason, be amended
or rithenvise 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 by the Board of Directors and such officers a:; the Board of Directors may elect or appoint
in accordance with its Articles and Bylaws. The initial Board of Directors shall be composed of three
(3) members who shall bc 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 fractional share based upon
their respective ownership interests, which shall never be greater than one (l) vote in the aggregate.
(d) Pumose 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
rvhich shall be provided shall include, without limitation, various maintenance services including
road maintenance, 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 ofutility bills on behalf of Owners pursuant to a power of attorneyreiated to utilities
management executed by Owners.
(e) Assessments. By acceptance of a deed 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 of the costs and fees for which
the Association becomes liable, the provision of utilities, management services, if any, or for such
other services which the Association mayprovide or contract for each quarter. The obligation of each
Owner to pay assessments shall be subject to the following:
( l) Total Amount of Ouarterl-v Assessments. The total amount of
quarterly assessments shall be based upon advance estimates of the payments required in order to
satisfo the obligations of any utility or other services agreement, utility management services, and
any other expenses described in the annual budget and authorized by the Directors, including the
creation of a reasonable contingency reserve, surplus andior sinking fund.
(2) Special Assessments. In acldition to the quarterly assessments,
the Directors ntay levy from time to time special assessments, payable over such time periocls as the
Directors may determine, for the purpose of defraying, in whole or in part, the cost of any service
rvhich mav hc 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) Apportionntent 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 t'erver than all
of the Orvners 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 proceclures. The
Directors of the Association shall prepare a budget fbr the time period covered thereby showing, in
reasonable detail. the various matters proposed to be coverecl by the budget, the estimated costs and
exi)enses of each of those iterns, any estimated income or other funds to be credited to the budget,
and the estimated total amount of quarterly assessments or special assessmerrts required to covei
costs and expenses and to provide a reasonabie reserve. The total amount to be raisecl by quarterly
assessments or special assessments for a particular period of time shall be at least in ihe amount
necessary to satisfo the obligations of the Association.
assessments shall be made ""f1" ;1i
each year. The Directors ofthe 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
due and payable on the date specified in said notice or as provided by the Bylaws of the Association.
Speciai 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 ( l8%) per annum from the date iuch assessments become due
grd P9y1!le. Failure of the Directors of the Association to give timely notice of any assessment as
provided herein shall not affect the liability of any Orvner for such assessments, but the date when
Pavment shall become due in such a case shall be defened to a date thirty (30) days after such noticejs given.
(6) Lien for Assessment. All sums assessed against any Lot pursuant
to this Declaration, together with interest thereon as provided herein, shall be s..u."d by a lien on
such Lot. Such Iien shall be subject to liens and encumbrances recorded prior to the date oirecording
of this Declaration, and shall be superior to all other liens and encumbrinces on such Lot except (i)
valid tax liens in favor of any goverrrmental agency or authority, and (ii) a lien for all ,r*, ,.*r.d
by a first 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 forth in the instrument creating such liens. To
evidence a lien fbr sums assessed pursuant to this Section, the Association shall prepare a wntten
notice of Iien setting forth the amount of the assessment, the clatc due, the amount remaining unpaid,
the name of the Owner of the Lot ancl a <iescription of the Lot. Such a notice shall be sigriect by an
officer or Director of the Association and shall be recorclecl in the olllce of the Clerk and Recoider
of Garfreld County, Colorado. No notice of liens shall be rccorclecl until there is a delinquency in
payment of any assessment. A Iien for sums assessed pursuant to tlris article maybe.nior..j byjudicial lbreclosure by the Association in the same manner in which nrorlgages on ieal property may
be fbreclosed in Colorado or by any action in law or equity. In any such iction, the Ownir shall bL
required to pay the cost and expensis of such proceedingr,ih. .oriancl expenses of filing the notice
of Iien and all reasonable costs and attorneys; fees. All iuch costs and expenses shall bJs".rrJ Uy
the lien being foreclosed. The Owner shall also be required to pay to the Association uny u.r..r*"ni
a-eainst the Lot which may become due during the period of foreclosure, including any and all utility
management services costs. The Association shall have the right and power to bid at ihe foreclosurl
sale or other legal sale and to acquire, hold, convey, Iease, rent, encirmber, or otherwise deal with
the same as the Owner thereof.
(7) Personal obligation of owner. The amount of any quarterly or
spccial assessment with respect to any Lot shall be the personal obligation of the Owner of such Lot.Suit to rccover a money judgment for such p".sonil obligations shall be maintainable by the
A.ssociation without foreclosing or rvaiving the liens securing the Orvners obligation hereunder. No
Orvner may avoid or.diminish such personal obligation by waiver of the ."rii.., to be provided
hereunder or by the abandonment of such Owner's Lot or any improvements thereon.
8. Carfield County Requirements.
(a) One ( 1) dog will be allowed for each residential unit within a subdivision,
and the dog shall be required to be confined within the owner's property boundaries
(b) colorado i.
"u
"Right-to-Farm" State pursuant to c.R.s. $ 35-3- l0l, etsecl. Landowners, residents and visitors must be prepared to aciept activities, sights, sounds and
smells of Garfield County's agricultural operationi ui u no.rnul and necessary aspect of iiving in aCounty with a strong rural character and a healthy ranching sector. Those with an urban sensiivity
may perceive such activities, sights, sounds and smells only us inconvenience, eyesore, nose andodor' However, State law and Counly policy provide that ranching, farming and other agriculturala:tivities and operations within Garfield County shall not be considered to be nuisances-so long asoperated in conformance with the law an in a non-negligent manner. Therefore, all must be prepa"red
to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, ivestockon public roads, storage and disposal of manure, and the application by spiaying or otherwise ofchemical fertilizers, soil amendments, herbicides, and pesticides, any on.o. *o-.e of which maynaturally occur as a part of a legal and non-negligent agricultural operations.
In addition, all owners of land, whether ranch or residence, have obligations underState law and County regulations with regard to maintenance of fences and irrigation ditches,controlling weeds, keeping livestock and pets under control, using property in accordance withzoning, and other aspects of using and maintaining property. Residents and landowners areencouraged to learn about these rights and responsibililies and act as good neighbors and citizens of
the County. A good introductory source of such information is "A Guide to i.ural Living & Small
Scale Agriculture" put out by the Coloraclo State Univeisity Extension Office in Garfibli County.
(c) The provisions of this sectitin 8 shall not be amended or terminated
rvithout the consent of Garfleld County.
9. Ccneral Provisions.
(a) EnforcemenUAttorneys' Fces.
(l) Enforcement by Declarant. The provisions contained in this
Declaration shall run with the land benefitted and burdened thereby. These provisions may be
enforced by the Declarant. Each Owner by acquiring an interest in a Lot irrevocably appoints the
Declarant as such Owner's attorney-in-fact fbr the purpose of enforcement. Violation of any of the
provisions herein contained shall give the Declarant the right to enter upon that portion of a Lot
u,herein said violation or krreach exists and similarly to abate and rernove, 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 e.xists; 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 hereofto enjoin orprevent them from doing so; and to cause said violation to be remedied
or to recover damages fbr said vioiation. Every violation of this Declaration or any part 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 enforcement or to restrain the violation of this Declaration or
any provision hereof, the losing party or parties shall pay the reasonable attorney's fees of the
prevailing party or parties in the amount as may be fixed by the court in such proceedings. All
renteiiies provided herein or at law or in equity shall be cumulative and not exclusive. The failure
of the Declarant to enforce any of the provisions of the Deciaration 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 hereof.
(2) Enforcement 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 Declaration. The Association's right to enforce the
provisions. hereof shall be identical to the right of Declarant to enforce the Declaration, and the
Association shall be entitled to recover its costs, including any reasonable attorneys' fees, in the
e'zent it is the prevailing party in any proceeding for the enforcement. All fees, charges, late charges,
attomeys' fees, fines and interest incurred by the Association resulting from its enforcement of this
Declaration against an Owner shall be collectible from that Owner as an assessment and secured by
the lien described herein.
(b) Rules and Reeulations. The Declarant 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 (2/s) 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.
SCHEDULE A
Orrle r Nuntber: 00030975 -c2
LEGAL DESCRIPTION
A PARSEL oF LAND srrllATED rN THE *EL/4NEL/4, NJ/2sEt/4 AtrD THE sEJ-/4s87/4 oFsEcrroN 34 AND rHE w7/2sw7/4 Ar{D THE swt/4Nwr/4 oF sgcrroN 3s, ALL rN ?o,rrsrrrp6 SOUTH, R.ATVGE 89 WEST, OF THE SIXTH PRTNCTPAI MERIDIAN, COTJTTTY OF GAAFIELD,STATE OF COLONIOO; SAID PARCEL OF L.AITP BEING MORE PARTICULARLY DESCRIBED ASFOLLOWS:
COMMENCTNG AT THE SOUTEEAST CORJVER OF SECTION 34, AN ALUMINUM CAP, L.S. NO.1-5770, TOUND TN PLACE, THE TRUE,POZNT OF BEGINNING; THENCE NORTH 89"3g,38il WESTALONG THE SOWHEELY LINE OF SATD SECTION 34 7337.57 FEET TO THE EASr-CENf'ER
STXTEEMTH CORJ\,ER,. THENCE LEAVING SATD SOUTHERLY LINE NORTH 08'34,78il EAST ALONGTHE WESTERLY LINE oF rHE sEL/4s81-/4 JsJ.4.34 FEET To rItE sourHEAST srxr,E'o,CaRNER; THEN1E NaRTH 89"75'47il wEsT ALoNc rHE scurHERLy LINE oF THE rwt/4s87//4]-335.02 FEET TO THE SOUTH-CEMIER SIXTEENIrH CORNER,. THENCE NORTTT 08"J6'56, EASTAL2NG THE wEsrERIrY LINE oF sArD NwJ-/4sEJ/4 7sz3. g6 FEET To rHE cEr\r?ER ezARTERCORlflgR"'THENCE SOUTH 88?57'52il EAST ALON1 THE NORTHERLY L;:NE OF SAID Irwt/4SEt/47332.60 FEET TO TIIE EAST-CEI'TTER SIXTEEATTH COR.IIER,. THENCE NORTH 08"26'32il EASTALONG THE WESTERLY LINE OF THE SE7/4N87/4 729. 07 FEET TO A POI].rI IN THE
CENTERLTTTE OF GRISTY DITCH; THENCE THE T,OLLO\ING TWENTY FTw (25) Cj)UR,SES AI.)NGSAID DITCH:
1 NORTS 77O78'7].N EAST 25.75 FEET
2. ALONG TEE ARC OF A CURW TO THE I,EFT HA\IING A RADIT]S
CEIfIRAL ANGLE OY 75O25,53N AI;D A DT'S'IANCE OF 28.37 FEET69"35'74a EAST 28-23 FEET)
OF 705.72 FEET, A
( CHORD E.SARS NORTH
3.NORTE 61-"52'77" EAST g.07 FEET
4. ALONG TEE ARC OF A CURW TO TEE RIGHT
CANTRA.L AIIGLE OF 59O38,74'i AND A DISTAIICE
88078'36u EAST 23.72 FEET)
I{AYTNG E R.A.DIUS OF 23.25 FEET, A
OT 24.20 FEET (CHORD BAARS SOUTH
5- SOATE 59"29,29il EAST 3-22 FEET
6. ALONG THE ARC OF A CURVE TO THE LEFT XAVING E RADTUS OF 8.69 FEET,
CENTRA.L ANGLE 34022,50" AND A DISTANCE OF 5.21 FEET (CHORD A.EARS SOTJTH75"40'54u EAST 5.73 FEET)
7. NORTH 97"07,47" EAST 6 - 34 FEET
8. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
CEljrIRAL ANGLE OF 77"23,O8,, AND A DTSTATICE OF 74.9884"70'45n E;AST 74.92 FEEr)
RADIUS OF 49.36 FEET, A
FEET (CHORD EEAXS SOUTH
9.
10.
77.
souT$ 75"29'77il EAST 75.49 FEET
NORTH 89'1.7'05" EAST 74.98 FEET
SOUTH 73'48'27il EAST B.07 FEET
llllll ililt ilIilillil ilillilillt ililt ill ililI ilil tilt
Continued on next page
Continuation
Order llurn-ber:
of .Sciedu-Le A
000309L6-C2
LegaT Description
72. NORffr 88"03'46u EAST 34.32 ,r.EET
73. ALONG THE ARC OF A CURVE TO TEE RTGHT HAVING A
CENTFJ,L /iIIIGLE OF 78036,58 r A.I\D A DISTANCE OY 86.]-782"j7'44n EAST 85-79 FEET)
RADIUS OF 265.20 FEET, A
FEET (CHORD BEAR.5 SOUTH
74. souTg 730L9'75n EAST 32.00 FEET
75. ALONG THE ARC OF A CARVE TO THE LEFT HAVINC A RADIUS OF 745.07 FEET, ACET{TRAL AAIGI.E AF 34O74,1.7U AND A DISTANCE OF 86.65 FEET (CHOED A!'3.RS NORTEB.goJ3'36* EAST 85.37 FEET)
75. NORTI{ 72"26'zgn EAST 705.42 FEET
77' ALONG THE ARC Or A CURVE TO THE RrcHT HAVTN7 A RADL(JS OF 1-72-53 FEET, ACEI{TRAL ANGLE OF 73"77,49U AIVD A DISTANCE OF 39.74 FEET (CHORD B.SERS NARTH79002'22" EAST 39.55 FEET)
79. NORTH 85039'76n g;AST 27.64 FEET
79. ALONG TEE ARC OF A CI,RVZ TO THE LEFT TAVTNG E RT'IUI; OF 87.97 FEET, A
SEIJ;TRAL ATIGLE OF 77o47'33il AIID A DTSTANCE OF 25.44 FEET (CHORD AE'ARS NORTE76"44'30r EAST 25.34 ?EET)
20. IiCIRTE 67"50,43, EJAST 50.47 FEET
2J" ALONG TI{E ARC oF A CARW TO THE RT6,IIT EAVTN7 A RJrDTUS OF 72.72 FEET, ACEI|TTRAL ANIGLE OP 22"07,04il Afi[D A DISTATICE OF 27.gg FEET (CHORD BEE.RS
'goRfir78"52'75a EA.ST 27.97 ?EET)
22. NORTE 89"53'47a il,sT 56-23 FEET
23' ALONG THE ARe OF A CURW TO THE IJEFT EAVIN7.e RADfUS OF 25-05 FEET, ACEI{TRAL ANGLE OF 708"42'27N AND A DISTANCE O? 47.53 FEET (CHORD AEARS NORTET35.32'36n EAST 40.77 FEAT)
24. NORTE 79e48'34" wEST 25.38
25. ALONG THE ARC OF A CURVE TO
CEI:fi[R.}^L AN?LE OF 25"24,46n AND A
06006,71_u WEST 7J-8.72 FEET)
FEET
THE RTGHT ITAVING A
DISTANCE OF 7J.9.70
RADIUS OF 269.87 FEET, A
FEET ( CHOED A.S3.RS NORTH
TO A POII{:T ON THE WSTEELY RIGHT_OF-WAY OF THE COLORADO MIDLAND RAILROAD;THENCE LEAVTNG SAID DITCH NOR?Ii 76"46'77" WEST ALONG SAID WESTERLY RIGHT-OF-WAY879.27 FEET; THENCE COilTTIVUTNG AL2NG SAID \E|TERLY RIGHT oF wAY AL)NG THE ARcOF A CURVE TO THE LEFT HAVTNG A RADIUS OF 4727.83 FEET, A CENTRAL ANGLE OF03"43'44il AND A DTSTANCE OF 268.83 FEET (CHORD AEARS NOR7,H 78"38'Ogil WEST268.20 FEET); THENCE CO.If"-TNUTNG ALONG SAID WESTERLY RIGHT-OF-WAY NORTIJ20"30'00" WEST 96'49 FEET TO A P7INT ON THE IIORTHE'R.Lr LINE OF THE SE7/4NE7/4 OF
Contjnued on next paEre
l[?ry!r',l1//,#]////;{l!!,:'{"t1'!!H$'iilHtrr
ContinuaEioa of Scheduie A - Legal Descriptl.on
Order .tVumler.' 00030976 -C2
SAID SECTION 34; THENCE SOUTH 88o37'58n EAST ALONG THE NORTHERITY LINE OF SAID
SE1/4NEy/4 7792.20 FEET TO THE N2RTH SIXTEErI:IH CORNER OF SAID SE3TIONS i4 AND
35; TI1EN1E sourH 0g"36,55u mEST ALoNc rHE EAITERLY LrNE oF sArD sE7/4N87/4
858.59 FEET TO 3 POTNT IN THE CEAI"ERII]SE OF THE ROA.RTNG f'O lr RTIUER; THENCE
T,EAVING SATD EASTERLY LINE SOUTH 20'24'781 EAST ALONG SAID CEMIEF,,,INE 449.76
FEET; TITENCE COiijIIiWIIN? ALON? SAID CEIJ::ERLINE SOUTH 07"47',471 ltrEST 290-77 FEET;
TITENCE CO''I]'INUI}IG A.LOAIG SAID CENTERI,INE SOI]TH 42O38'26" WEST 375.63 FEET; THENCE
CON"IilUTNC ALONG SAID CETfTERLINE SOWE 42O38'26N WEST J1.5.63 FEET; THENCE
COAI?fiVUTNG ALONG SATD CEN:'ERLINE ALONG THE ARC OF A CURVE TO THE LEFT XEVING A
RADII]S OF 8gO.3O FEET, A CENTRAL ANGLE OF 70"A2'34" AIV' A DTSTANCE OF 756.05
FEYT |CI{O?A BEARS SOUTH 37'J7'09il WEST 1.55.85 FEET) TO A POTNT ON THE EASTERLY
LLNZ oF NE7/45EL/4 oF SAID SECTION 34; THENCE LEAVING SAID CENTEP.LINE SOUTH
O8O3J-'38N WEST ALANG SALD EASTERLY LTN7. 726.25 FEET TO A POIj|J:T IN THE
CE;I9;TER-IJINE OF SAID ROtr.Rr}Ic FOXX RIWR; THENCE LEA:r'ING SAID EASTERLY ALONG SAID
CENTERLINE ALONE THE ARC AF A CTJRW TO TTIE LSFT HAVING A RADIUS OF 890.03 FEET,
A CEMIRJIL ,dtc:,r oF 78o23'57n AIID A DISTAj^\CE OF 285.90 FEET (cHoED B.EARS SOUTH
24"44'J5' EJ('T 284.67 FEET); THENCE CONjTIIi-rIING ALONG SATD CEMTEELINE SOUTH
33"56'34N EAST 445.43 FEET TO TTTE NORTIIV;TEST CORjNER OF WESTBATTK RS]fCI{ P.U.D.
SUBDIVTSION YTI.TNG 7 THENCE I,EAVTNG SAID CEN:TERLTNE SOUTH 07O54'32N WEST ALONG
THE WESTr;RLY LINE OF SAID WESTBANK R,A}ICI{ P.u.D. SUBDIVISION FII'j...NG 7 1209'41
FEET TO A POINI ON THE SOUTHERLY LINE OF SECTION 35; THENCE NORTE 89o46'73'
WEST ALONG SAID SOUTHERLY TIJfE 602.62 FEET TO THE TRUE POTMI OF EEGTM]VING.
I
COUITTY OF GARFIELD
STATE OF COI'ORADO
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s72983 12/O7/2OOi IOtAOA 87220 Pt22 n RLSD0RF
4 of 4 R 2O.OO O 9.00 GRRFIELD C0UNTY C0
(d) Term and Tennination of Covenants. The term of this 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 two-thirds (2/a) of the Lots.
(e) Provisions Incorporatecl in Deeds. Each provision contained in this
Declaration shall be deemed incorporatcd in each deed or other instrument by rvhich any right, title
or interest in any Lot is granted, devised or conveyed, rvhether or not set forth or referred to in such
deed or other instrument.
(0 Colorado Law. The interpretation, enibrcement or any other matters
relative to this Declaration shall be construed and determined in accordance with the laws of the
State of Colorado.
(d Severabilit-v. Invalidity or unenforceability of any provision of this
Declaration shall not effect the validity or enforceability of any other provision or valid and
enforceable part of any provision of this Declaration.
IN WITNESS WHEREOF, Declarant
Conditions and Restrictions this day of
STATE OF COLORADO
COUNTY OF PITKIN
has executed this Declaration of Covenants,
,2000.
Declarant:
MARLIN (COLORADO), LTD., a Colorado
corporation
)
) ss.
)
The foregoing Declaration of Covenants, Conditions and Restrictions for prehm
Ranch was subscribed and sworn to before me this Jc day of /)1o,,ta/L ,2001, byTimothy D. Heng, as Presidenr of MARLTN (coloRaoo;, LTD., icoio*aiiorp*ution.
Notary Public
)
WITNESS my hand and official seal.
gqqgmmission expir"t, 1// / 4/,rloc>