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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.qarfield-county.com RECE,! i V{3 FEB 23Z010 GAREkLD CO �y NTY BUILDING & FI .,.Nt l r VA2-z-fO-z VARIANCE GENERAL INFORMATION (Please print legibly) > Name of Property Owner: l/i {' /C ///e ! / & o, L -e-/f iZ ➢ Mailing Address: 263 /e/eve*. ehcf Telephone: (4%7O) Wil -.20.24, > City:/'(fef.) 6 is /e State:CO Zip Code: )141/7 CeII: (920)30,-3200 > E-mail address:6dpi ii.eCoh s'.74rvc711014rby AX: (9_2_0)81/-`9 26'Al Co"; Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): > Mailing Address: Telephone: ( ) City: State: Zip Code: Cell: ( ) > E-mail address: FAX: ( ) ' V /Icp Jz- ➢ Description: - )/f - "aA 2 Pc-.2.11-4,64./rid �� VP,,,, --)r7/1 c -E c �Y %/C, 7-6:4:7,-,c- 1,'15. > Street Address / General Location of Property: oZ 63 ,it/ -e6 -g G, d c i-rVe AAj( Jy Ce > Legal Description: Lao 2. 6/oG/C 3 A w,eit Jed /2jV -hew / SUJc1 rvi•Si071 Ff/Ih #2. Assessor's Parcel Number: A a 3 - 3� - .�- _0 d 2- > > Existing Use: S 1,115/e Foy ; i /Ze5 ic/eid c e- > Property Size (in acres) , 5/ ,c,9-5. Zone District: R Last Revised 1212/08 \a -s- 3/-0 - 0 CO— o:0710 v 20 I. APPLICATION SUBMITTAL REQUIREMENTS Please refer to Article IV, Division 3 (Section 4-301) of the Garfield County Unified Land Use Resolution of 2008 (as amended) regarding any variance request in the County. As a minimum, the following items must be attached and hereby made part of this application: 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative explaining the purpose of the application and supporting materials that address the Standards for Approval of Variance Requests found in Section 4-301(C) of Article IV of the Unified Land Use Resolution of 2008 and included here. Note, variances cannot be approved unless the application can adequately meet all of the following standards: A. Special Circumstances or Conditions Exist. One or more of the following circumstances or conditions exists with respect to the specific property: 1. Exceptional narrowness, shallowness or shape of the property at the time of the enactment of the regulation in question. 2. Exceptional topographic conditions of the property. 3. Other extraordinary and exceptional situation or condition of the property. B. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the applicant. C. Strict Application Consequence. Because of the special circumstances and conditions found pursuant to Section 4-401 C1 above, the strict application of the regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship on, the owner of the property. D. Variance is Necessary for Relief. The granting of the variance from the strict application of the provisions set forth in this Code is necessary to relieve the owner of the peculiar and exceptional practical difficulties or exceptional and undue hardship. E. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. F. Variance Will Not Impair the County's Zoning Plans. Granting the vari , nce, will ,not substantially impair the intent and purpose of this Land Use Code. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If r: the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please r 1 s submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 5. Vicinity map: An 8 Y/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form from the original Pre -Application Conference. 7. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. H. PROCEDURAL REQUIREMENTS The following steps outline how the variance application review process works in Garfield County pursuant to Section 4-301(B) of Article IV. 1. Pre -application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103 A, Pre -Application Conference. 2. Application. The application materials required for a request for variance are set forth above as part of this document. 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4-103 C, Determination of Completeness. 4. Schedule Public Hearing. The Director shall schedule the application for consideration by the Board of Adjustment. a. Public hearing by the Board of Adjustment shall be held within forty (40) calendar days of the date of determination of completeness. b. Public notice of the hearing shall be made pursuant to Section 4-103 F, Notice of Public Hearing. 5. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the approval standards set forth in Section 4-301 C, Standards for Approval of Variance Requests. A staff report shall be prepared pursuant to Section 4-103 E. a. Review by Referral Agencies. The Director's evaluation of the application may include comment by referral agencies received under Section 4-103 D, Review by Referral Agency. 6. Review and Action by the Board of Adjustment. The final decision to approve, approve with conditions or deny a request for a variance shall be made by the Board of Adjustment at a public hearing. a. Decision by Board. Following a public hearing conducted pursuant to Section 4- 103 G, Conduct of Public Hearing, the Board Adjustment shall approve, approve with conditions or deny the application based upon compliance with the approval standards set forth in Section 4-301 C, Standards for Approval of Variance Requests. (1) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable standards. (2) Denial of Application. If the application fails to satisfy any one of the applicable standards, the application shall be denied. 7. Written Notice of Decision. The Director shall provide the applicant with a copy of the Resolution approving, approving with conditions or denying the application within (30) working days of the date of the decision. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Sig a - e of Owner) Date 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, multiplied by an 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 billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used 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 shall 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 accepted 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 County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal 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 applicant to the County prior to final action upon the application tendered to the County. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan / Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment / Correction Plat Combined Preliminary Plan and Final Plat Minor Exemption / Amendment Major Exemption / Amendment Rural Land Development Option Exemption / Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan / Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review / Amendment Major Impact Review / Amendment Rezoning: Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) / Amendment Comprehensive Plan Amendment Variance Interpretation Takings Determination Planning Staff Hourly Rate ▪ Planning Director • Senior Planner • Planning Technician ■ Secretary BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300 / $300 $4001$300 $4001$300 $250 $400 $400 / $300 $50 $250 $400 / $300 $525 / $400 $300 $450 $500 / $300 $450 $250 $250 NO FEE $50.50 $40.50 $33.75 $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 15' page $10 each additional page Page 2 The following guidelines shall 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. All 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. 7. Types of "Procedures" not listed 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. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and / f'' /S.5') 64)7/7--' Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has` submitted to COUNTY an application for 6 ,517 /47' r '';"7r' P/70/ /0" racy eirc• -7 "' (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER 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. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER 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 application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signatur J/.5 5;2 J e'r/,1 ate Print Name Mailing Address: (";,--/6,-,rel/. ci/Z Page 4 STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of a (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is and is formed under the laws of The mailing address for the Entity is The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this day of , 2008. Signature: Name(typed or printed: Title (if any): STATE OF )SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2008 by , on behalf of a 11/08 Witness my hand and official seal. My commission expires: [SEAL (Notary Public) The purpose of the application is to apply for an 8" variance for the garage and a 10" variance for the roof eave overhang. A. Our special circumstances are the exceptional situation. The house and garage were built in 1995 and we purchased it in February of `96. The survey dated 12/29/1995 was provided to us for,the original closing. It is not clearly legible (exhibit Al). In 1998 we refinanced the house, and again this same survey was used to do the refinance. This survey was provided by Stewart Title, the closing company,. and again is not legible (exhibit A2). In 1998 we relied on this survey as being accurate and acceptable to everyone involved in the application for a garage addition permit. It was recognized as partially illegible but a new survey was not requested. During the review process we were asked to measure from the corner of the existing garage to the edge of the road (exhibit A3). After a county staff review, the permit was approved on 9116/98 using the prints provided and the original partially illegible survey (exhibit D). The new garage was then constructed to be aesthetically pleasing and matched the line of the existing garage. The property line is arched in the front and therefore gets narrower as it runs parallel to the garages. (exhibit E) for curve data. We used information that was approved by all parties involved. The title company twice and the Building and Planning Departments once. We the owners and these governing entities simply relied on this information to be accurate in order to build an addition to our garage. To address the overhang being greater than the allowable 18" infringement into the 25' setback: We started the garage per the 1998 approved plans completing the framing, roof, eaves and overhangs. The roof was completed in 1998 using the 1997 UBC code. Section 3204 states that clearance above grade over 8 feet. One inch of projection is permitted for each additional inch of clearance provided that no such projection shall exceed a distant of 4 feet. (exhibit F1) Again in the 2003 IBC section 3202.3.2 this same code is stated. (exhibit F2) At each closing we were given a copy of the Protective covenants for Riverbend Subdivision Filing 1 No. 2 Garfield County, Colorado. It states that : "Eaves, steps and open -?, porches shall not be considered part of a building in computing set-backs", l (exhibit F3) The eaves were built using these Universal and International codes. We were unaware that the garage addition was in the 25' setback. Being unaware we did not know to abide by the Garfield County Unified Land Use Resolution Article III zoning section 3-301 bullet "G"(exhibit B). We have been unable to finish the garage due to financial problems and stopped construction prior to doors, electrical, sheetrock and siding. Since the point of ceasing construction our permit has lapsed causing county staff to investigate the unclosed permit. t the tune ofpas ructi,on_it was our understanding that the code for a roof eave of 24" into the offset was permitted. The ccounty co e angea`71/2Q09 restricting eaves and overh nags to 18" into any offset. This caused further encroachment into the of sgoweve to the best of knowledge, not a violation at the time of construction in 1998. We the owners did not intentionally violate any codes. We .simply___-* built according to an. i e �h�ot be penalized when even the respective governing bodiese pp -ove.d-444--penm.tas.._ _presentecTto t elm: We respectfully request that the variances be granted and the permit reinstated based upon these circumstances so that we may rectify this situation for all parties concerned. B. The circumstances that are being defended are not completely the direct result of the applicants. Upon.apprroval of the submitted erm° .we tasted we were building on the property free and clear of any encroachment or violations to planning and zoning codes. We built the addition according to the plans submitted. The site plan used for the garage addition is the same one used when we purchased the house , when we refinanced it, and when the permit was applied for. A new survey was not requested during the permit review process._ C. Because of these circumstances the strict application regulation would result in the garage being dismantled from the concrete footers to the roof. Due to our financial distress the garage cannot be reconstructed. The end result would be severely unsightly. The demolition alone would impose such financial distress that the owners would consider filling for bankruptcy. D. The variance isneeded to relieve the owner of the hardship of demolition costs, reconstruction costs, the unsightly aftermath and to satisfy the lawsuit brought forth by the county of commissioners and the associated legal fees. If the variance were to be granted the stop work order would be lifted, the permit reactivated and the garage could then be finished. Curb appeal would be brought up to building, planning and county department standards and according to the subdivisions architectural control committee `t WL <<. o.f (.:-i covenants. The property values would then increase for this property as well as for surrounding properties. E. Granting this variance should not cause any public detriment to the best of our knowledge. There is an 80' right of way for future use on the other side of the 25' setback, as show on the map (exhibit E). The road is currently 20' wide. The amount of encroachment would not prohibit any future construction or cause any problems or hardship. F. Granting this variance would not impair the county's zoning plans (Article III) or the land use code because there is an 80' right of way on the other side of the setback which leaves plenty of room for future development. The encroachment does not pose any health, safety or topographical drainage issues. The policy title does not show any exceptions that this variance would interfere in any way with the county's zoning plans. 12-29-1995 02: 47AM PROM BRAY a CO . • REALTORS TO tElfremEirr agar 1R3R394 P.01 14—E9 -ND DRIVE • Ilissi•••• alltit:-De_SitRAVION LOT 2. EILOCX 2 Amitso Aseiseio 5LIEVMS/0114 NINO NO- 2 ACCORDINS TO 17-1E PIAT, RECORDED AS REG NO. 299710 COuNEY OF Gorilizo ' STATE' OF COLORADO ImpRovEatzw zootpote COMMAITE L I NEWBY CEIMFY VAT THIS 141PRovEirENT LOORTION CERTInour es4S PREPARED rofimoRe A•oftro,46e co.. THAT fr IS NOT A LAdvi? .51.491.EY PLAT O. AWROVEWENT SORWY PLAY; AND 77i4T IT IS NOT TO 3C Rt7JED UPON SWT OF 'MCC SOLDINit OR 07;641 tV7z/ff EEPROVEMMT WES F1077102 COMFY 77417 77 ABOVE DESWIBED PARCEL 41A1 MIS 447E 14/26/94 L7(CEPT L1771.17Y COAPIEC770I4 ARC &RIMY 14777fIN, INE 30UNDARIEN OF DYE ~Oa, afinsor AS SNOW ?NAT THERE ARC NO ENCROAOPINEVIS UPON INE DESCRIBED MS 8? AIIPRDVEMENTS ON ANY ADJORiar PROEMS' arrpr 4 tivoicArra ANL, 7i4T MIME /S Ivo APPARENT EVIDENCE OR twere or ANY eASOftNT cswt ajpA&NG ANY Pim- of Mir Ot2,427,TEyz et„ RICIMO L. HOLS44 LS. 9.15oy NO70 A14770N4L fUO iNsuRANCe IMPS DO AUT IMPICATE AfOl24817' AS BONO NE A 100 WAR FLOOD PlAilt • Roc /MAC C LEGAL DESCRIPTION LOT 2 BLOCK 2 AMENDED RIVERBEND SUBDIVISION, FILING NO. 2 ACCOROINO TO THE PLAT, RECORDED AS REC. NO. 299710 COUNTY OF GARFIELD STATE OF COLORADO IMPROVEMENT LOCATION CERTIFICATE, - I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCA770N CERTIFICATE WAS PREPARED FORMORE MORTGAGE CO., THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR T7 -/E .ESTABLISHMENT OF FENCE, DI/ILO/NG, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERT7FY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON 1HIS DATE, 12/26/95, EXCEPT UTILITY CONNECTIONS, ARE ENT/RELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOIN/NG PREMISES EXCEPT AS INDICATED, AND THAT TI/CRE /5 NO APPARENT EVIDENCE' OR SIGN OF ANY EASEMENT CROSSING a/ RDEN/NG ANY PART OF SAID PARC' L, //EXCEPT S NOTED } *- 4 1 `' < Tr 1� LS rZ e` a%'� •' t II NO7E: NATIONAL FLOOD INSURANCE MAPS DO NOT INDICATE PROPERTY AS BEING IN A 100 YEAR FLOOD PLAIN. RICHARD L. HOLSAN, L.S. 13501 /4_2_ x r _ Prertikgmberetl farad 26J D iRIV LAMA_. A i /seas p + ^SAI /RI "/1 ARTICLE 111 ZONING 3-301 GENERAL RESTRICTIONS E. Row House: For purposes of setback calculations, only those row houses which do not share a common wall with an adjacent row house need observe the required side yard setback for the district, provided that building code requirements for this type of structure are observed; (Reso 2009-53) F. Partially Developed Frontages: On a vacant lot bordered on two (2) sides by previously constructed buildings which do not meet the required front yard setback for the district, the required front yard setback for the vacant lot shall be established as the averaged front yard setback of the two (2) adjacent buildings; where a vacant lot is bordered on only one (1) side by a previously constructed building which does not meet the required front yard setback for the district, the required front yard setback for the vacant lot shall be established as the averaged front yard setback of the adjacent building and the minimum front yard setback for the district; (Reso 2009-53) G. Projections: every part of a required yard shall be unobstructed from ground level to the sky except for projections of architectural features as follows: cornices, sills and ornamental features - twelve (12) inches; roof eaves_- eighteen (18) inches; uncovered porches, slabs and patios, walks, steps, fences, hedges and walls - no restriction; fire escapes and individual balconies not used as passageways may project eighteen (18) inches into any required side yard or four (4) feet into any required front or rear yard; (Reso 2009-53) H. Accessory Building in Required Rear Yard: An accessory building may be located in a required rear yard provided that not more than forty percent (40%) of the rear yard area is covered. Such building shall observe a seven and one-half (7 1/2) foot setback from the rear lot line when there is not an adjacent alley. An adjacent alley shall observe a ten (10) foot setback from lot line; (Reso 2009-53) I. Accessory Structure in Required Yards: (Except as provided in the following Section (K), "Accessory Structures — Agricultural Property", which applies to the Rural, RL (Gentle Slopes / Valley Floor), and DWC zone districts), a fence, hedge or wall may be located in any required yard provided that no such installation shall exceed eight (8) feet in height in a required side yard or rear yard, nor shall any such structure exceed three (3) feet in height in any required front yard. (Reso 2009-53) J. Accessory Structures — Agricultural Property: a fence, hedge, or wall may be located in any required yard of the Rural, RL (Gentle Slopes / Valley Floor), and DWC zone districts provided that no such installation shall exceed eight (8) feet in height and shall meet sight triangulation standards. A taller fence may be approved by the Board of County Commissioners by obtaining a Limited GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-15 z Electric tric FAQ State.._.__._ ._ .o ) 1 2 HOURS 0 _Z v I LAD1 BUILDINa GARFIELD COUNTY, COLORADO Date SSIIed w ntsw •w.ZoMed wwN 0I AGREEMENT In consideration of the issuance of this permit, the applicant hereby agrees to comply with all CRs and regulations related to the wring, location; construction and erection of the proposed structure for which this permit is granted, and further agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building Inspector and IMMEDIATELY BECOME NULL AND VOID. OA( Side MI5 Ci Mwt Be Posted So It is Plainly Visible Front The Stmt Until Final Rear INSPECTION RECORD Fmting .. .. ��.._......._.. � v_._.._...'?{'._..�r. �. Ili Foundation Ai. -- 9' mieraround Plumbing R�u2h Plumbing Chimney & Vent [ Gas Piping Eiztric Rezak My StelaeInspector) Framing r a include Roof in place e and Windows and Doors ' Insulation Final Septic Final Notes: ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERING - WIIETHER INTERIOR OR. EXTERIOR, UNDERGROUND OR ABOVE GROUND. 1� c —lull THIS PERMIT IS NOT TRANSFERABLE ?hone 945-9159�109 8th Street County Courthouse Glenwood Springs, Colorado. 9 Vis-��(� NOT DESTROY TIES CAS APPROVE TIDO 1997 UNIFORM BUILDING CODE Chapter 32 CONSTRUCTION IN THE PUBLIC RIGHT OF WAY SECTION 3201 -- GENERAL No part of any structure or any appendage thereto, except signs, shall project beyond the property line of the building site, except as specified in this chapter. Structures or appendages regulated by this code shall be con- structed of materials as specified in Section 705. The projection of any structure or appendage shall be the dis- tance measured horizontally from the property line to the outer- most point of the projection. Nothing in this code shall prohibit the construction and use of a structure between buildings and over or under a public way, pro- vided the structure complies with all requirements of this code. No provisions of this chapter shall be construed to permit the violation of other laws or ordinances regulating the use and occu- pancy of public property. SECTION 3202 — PROJECTION INTO ALLEYS No part of any structure or any appendage thereto shall project into any alley. EXCEPTIONS: 1. A curb or buffer block may project not more than 9 inches (229 min) and not exceed a height of 9 inches (229 mm) above grade. 2. Footings located at least 8 feet (2438 mm) below grade may proj- ect not more than 12 inches (305 ram). SECTION 3203 — SPACE BELOW SIDEWALK The space adjoining a building below a sidewalk on public prop- erty may be used and occupied in connection with the building for any purpose not inconsistent with this code or other laws or ordi- nances regulating the use and occupancy of such spaces on condi- tion that the right to so use and occupy may be revoked by the city at any time and that the owner of the building will construct the necessary wails and footings to separate such space from the building and pay all costs and expenses attendant therewith. Footings located at least 8 feet (2438 mm) below grade may project not more than 12 inches (305 mm). SECTION 3204 -- BALCONIES, SUN -CONTROL DEVICES AND APPENDAGES Oriel windows, balconies, sun -control devices, unroofed porches, cornices, belt courses and appendages such as water tables, sills, capitals, bases and architectural projections may project over the public property of the building site a distance as determined by the clearance of the lowest point of the projection above the grade im- mediately below, as follows: Clearance above grade less than 8 feet (2438 mm) --no projec- tion is permitted. Clearance above grade over 8 feet (2438 mm) -1 inch (25 ram) of projection is permitted for each additional inch of clearance, provided that no such projection shall exceed a distance of 4 feet (1219 mm). 3201 3206.3 SECTION 3205 — MARQUEES 3205.1 General. For the purpose of this section, a marquee shall include any object or decoration attached to or a part of said mar- quee. 3205.2 Projection and Clearance. The horizontal clearance between a marquee and the curb line shall not be less than 2 feet (610 rum). A marquee projecting more than two thirds of the distance from the property line to the curb line shall not be less than 12 feet (3658 mm) above the ground or pavement below. A marquee projecting less than two thirds of the distance from the property line to the curb line shall not be Less than 8 feet (2438 mm) above the ground or pavement below. 32053 Length. A marquee projecting more than two thirds of the distance from the property line to the curb line shall not exceed 25 feet (7620 mm) in length along the direction of the street. 3205.4 Thickness. The maximum height or thickness of a maw- quee measured vertically from its lowest to its highest point shad not exceed 3 feet (914 mm) when the marquee projects more than two thirds of the distance from the property line to the curb line and shall not exceed 9 feet (2743 mm) when the marquee is less than two thirds of the distance from the property line to the curb line. 3205.5 Construction. A marquee shall be supported entirely by the building and constructed of noncombustible material or, when supported by a building of Type V construction, may be of one- hour fire -resistive construction. 3205.6 Roof Construction. The roof or any part thereof may be a skylight, provided glass skylights are of laminated or wired glass complying with Section 2409. Plastic skylights shall comply with Section 2603.7. Every roof and skylight of a marquee shall be sloped to down- spouts that shall conduct any drainage from the marquee under the sidewalk to the curb. 3205.7 Location Prohibited. Every marquee shall be so located as not to interfere with the operation of any exterior standpipe or to obstruct the clear passage of a means of egress from the building or the installation or maintenance of electroliers. SECTION 3206 — AWNINGS 3206.1 Definition. For the purpose of this section: AWNING is a shelter supported entirely from the exterior wall of a building. 3206.2 Construction. Awnings shall have noncombustible frames but may have combustible coverings. Awnings shall be either fixed, retractable, folding or collapsible. Awnings in any configuration shall not obstruct the use of a required means of egress. 32063 Projection. Awnings may extend over public property not more than 7 feet (2134 mm) from the face of a supporting building, but no portion shall extend nearer than 2 feet (610 mm) to the face of the nearest curb line measured horizontally. In no case shall the awning extend over public property greater than two thirds of the distance from the property line to the nearest curb in front of the building site. 1-295 CHAPTER 32 ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY SECTION 3201 GENERAL 3201.1 Scope. The provisions of this chapter shall govern the encroachment of structures into the public right-of-way. 3201.2 Measurement. The projection of any structure or ap- pendage shall be the distance measured horizontally from the lot line to the outermost point of the projection. 3201.3 Other laws. The provisions of this chapter shall not be construed to permit the violation of other laws or ordinances regulating the use and occupancy of public property. 3201.4 Drainage. Drainage water collected from a roof. awn- ing, canopy or marquee, and condensate from mechanical equipment shall not flow over a public walking surface. SECTION 3202 ENCROACHMENTS 3202.1 Encroachments below grade. Encroachments below grade shall comply with Sections 3202.1.1 through 3202.1.3. 3202.1.1 Structural support. A part of a building erected below grade that is necessary for structural support of the building or structure shall not project beyond the lot lines, except that the footings of street walls or their supports which are located at least 8 feet (2438 mm) below grade shall not project more than 12 inches (305 mm) beyond the street lot line. 3202.1.2 Vaults and other enclosed spaces. The construc- tion and utilization of vaults and other enclosed space below grade shall be subject to the terms and conditions of the au- thority or legislative body having jurisdiction. 3202.13 Areaways. Areaways shall be protected by grates, guards or other approved means. 3202.2 Encroachments above grade and below 8 feet in height. Encroachments into the public right-of-way above grade and below 8 feet (2438 mm) in height shall be prohibited except as provided for in Sections 3202.2.1 through 3202.2.3. Doors and windows shall not open or project into the public right-of-way. 3202.2.1 Steps. Steps shalt not project more than 12 inches (305 mm) and shall be guarded by approved devices not less than 3 feet (914 mm) high, or shall be located between col- umns or pilasters. 3202.2.2 Architectural features. Columns or pilasters, in- cluding bases and moldings shall not project more than 12 inches (305 mm). Belt courses, lintels, sills, architraves, pediments and similar architectural features shall not pro- ject more than 4 inches (102 mm). 3202.2.3 Awnings. The vertical clearance from the public right-of-way to the lowest part of any awning, including va- lances, shall be 7 feet (2134 mm) minimum. 2003 INTERNATIONAL BUILDING CODE® 3202.3 Encroachments 8 feet or more above grade. En- croachments 8 feet (2438 mm) or more above grade shall coni - ply with Sections 3202.3.1 through 3202.3.4. 3202.3.1 Awnings, canopies, marquees and signs. Awn- ings, canopies, marquees and signs shall be constructed so as to support applicable loads as specified in Chapter 16. Awnings, canopies, marquees and signs with less than 15 feet (4572 mm) clearance above the sidewalk shall not ex- tend into or occupy more than two-thirds the width of the sidewalk measured from the building. Stanchions or col- umns that support awnings, canopies, marquees and signs shall be located not less than 2 feet (610 mm) in from the curb line. 3202.3.2 Windows, balconies, architectural features and mechanical equipment. Where the vertical clearance above grade to projecting windows, balconies, architectural features or mechanical equipment is more than 8 feet (2438 mm), 1 inch (25 mm) of encroachment is permitted for each additional 1 inch (25 mm) of clearance above 8 feet (2438 mm). but the maximum encroachment shall be 4 feet (1219 mm). 32023.3 Encroachments 15 feet or more above grade. Encroachments 15 feet (4572 mm) or more above grade shall not be limited. 3202.3.4 Pedestrian walkways. The installation of a pe- destrian walkway over a public right-of-way shall be subject to the approval of local authority having jurisdiction. The vertical clearance from the public right-of-way to the lowest part of a pedestrian walkway shall be 15 feet (4572 mm) minimum. 3202.4 Temporary encroachments. Where allowed by the lo- cal authority having jurisdiction, vestibules and storm enclo- sures shall not be erected for a period of time exceeding 7 months in any one year and shall not encroach more than 3 feet (914 mrn) nor more than one-fourth of the width of the side- walk beyond the street lot line. Temporary entrance awnings shall be erected with a minimum clearance of 7 feet (2134 mm) to the lowest portion of the hood or awning where supported on removable steel or other approved noncombustible support. r- 561 561 r 1• liLlti1 313 r'....•t9H5 NM/ .2 1; 1.119 f(crnr:l.t,i,ni 11,., -. C" (.1 4i:1,irl•d!.!: 1—.j f', IiUnrsl'd r I'I )r1C1'1vi: C(,V1:1!Ari'1'.'i 1'.11' AF:I:r1D1:I) klvEklaaJl) !;tifiJVJ S1D11 17:;1Q•i 1I:I Ii ('171111'!'1'--Ct)1,iJlt/WO ("Ilrulltl:lll.nr (:1Jr1'nt..111-1 ills L 1rr•vr•Inlaurrit Co., the Declarant herein and o.nirrrr oC 1:ivc'r'hLJt. Subdivision, Garfield County, Colorado, as Lhr: ::: T;' apiwar!: upon that ,, I rl1. filed for record C on f nucv.tilc .%f,/./_2i!- ,I r; l:ecepLion tio. in the office of 'he Clerk and fucccsrdr=r: of Garfield County, Colorado, does hereby t:ov4:nanl and tlrj ec that: the use thereof shall be restricted by Lho terms and conditions as herein- after set forth. It furtht:L covenants and agrees that said rc::lrictiun:l :;I1a11 be covt:n❑uL.:; running trill.) L1ic land and shall be binding upon itself, its successors and assigns, and sh.111 he rsutu,Il1y binding dud (nfor:ceabLe 1)y all purchasers oC lots or pr:ol-4r:ty wiLllin said Subdivision. The i' r)tec 1VU L4) tun with LII( lathy arc as follows: i- No tut:; :;I1,I).1 be u::42,1 rc.i other than !Martyr-1::.mi1y residence iulrp,):;,.:r - To this end, no i:u i 1 11 i iut shall Lr_ ei-ectr•d, al lt_rut1, p1.1c1 or permitted to remain on any lot, other than one single-fawily dwelling_ Appurtenant struc- tures such as detached garage, carport; storage structure, guest house or workshop, mint approved in writing Ly the Architectural Control Committee. 2. No building or nny part t.lu:rc:.cC ;ha11 be ercct.ed n •Iny lot olo nc•r t. CIL' rr npt:.cl ivc lot lines than a_, follow:;: (a) front lot lino feet (b) Rear lot line ?.1 feet (c) Side lot line 10 Curry: or one-half (1/2) the height of the L,L11)r:ipal building, whichever in greater. Eaves, ntci,:: and open porc:i)us shall not he connider:ed Dart of 8 building in computing net -hacks: 11JC 3a) 3. 110 buil1linr:>:ceer] :'.7 ic_cif iii vortical height i3'J ured iri;0 Ito.' 1..intshei! r.levation Ul the intersection of the center of Clic: front :;Lr ,rpt w LI: a .1.ine 0rriirir from the ..`nL,. �i �l G�.:L f�U �. (... :�.i3C:kl ir. Lt, L -n. i ,onL 1'1L, such total height to incl a<1c the roof. 4. Easement -s Lott t Iir,: installation and muintenancc of utilities and drainaue iiiC].litiC`.; for the benefit of the public 0111} reserved 1111 010J\ln on the recorded plat as to each inid every lot. 5. Other than initially installed by Declarant, no gas lime, lighL, poweclincs, Lelcphone lines or television ca- bles shall be permitted unless said lines are buried tinder: - ground and out of sight from their primary source at ttie lot line to the unit. Such installation shall be at the lot owner's extiLInsc. 6. Thu floor area of each single-family dwelling, exclusive_ of op0n porches Oiirt yaracgss, shall not be less than 1!110 s:ludre :out: of 1.iliihoc1 living aruii an the ground floor level. In .rJ,_lilion, no tlwu.' 1inij r:h,01I he guilt oi: sold'which doe:: Bot have (DLL -street parking space for at least two auto- mobiles. V. No noxious or offnio;ive activity shall be carried on upon ,iris lot, noir shall ailytlrincl he done thereon which may be or become ah annoyance or nuisance to the ne itjhbor i ng lots. No light :;1::11.1 Le imittcocl r"roin any ioL within the Subdivision which i:; 00Fe;1 oii iijl;: hi i jh1 it c.::1 111(11; uni'eallonaliie glare; no nound i.li.ill be emitted on any lot chide 10 unreasonably loud or unnoyin�; and no odor: shall be emitted un any lot which is unrcaccon;ihly no;:iuus cc offensive to others. the 1ulisiivii ion, All lots within rie.l ud i rk j all improvement.:; on any lot, shall he kept r:ncl rlr,'i11(iliinuc! by the owner CliOreol: in a clean, safe, ,it 111001 ivc and ri.icjhti.y c'nutl1ti.un and in good repair. (MK 539 ?4cE9S? U. la, (d a temllortiry ch.lracter, o.r.j. trailer, 1.11.:,ement, tent, shack, gal'age, OL other oul_buildinfi, shall bo ni:ed OM any lot at uay lime as a res;idence, either Lporit- k 1 U Lpeimant:HLly. 0. ko n in livock., or poultry of any kind shall be rained, bred, Or ):ept o: any lot, except. that dogs, cats or other howiehold pets mLry Lt: kept, provided thot they are not topt kred or lor any comme rcial purposes. Such pets must be kept on their owner's property at all Limes. 13. No sign of any kind shall be displayed to the public view of Jay lot, ecept one professional sign oE not more than 6 ",Tiare teet advertising the property for sale oc rent, or uhed by .. builder Lo eldverthie the property during the initial construction and sale. 11. Ni. lot shall he ued OL maintzlinet1 as a dumping ground for rubbish and no vehicle shall be allowed on any lot which does not have a ctliueut license plate recogniied as valid by the l;LI L LL Cluiod - and o cuirent safety inSpec- tion sticker issued by authority of the State of Colorado. All rc!cretional vehicles, campers, trailers, mobile homes, boats, and equipment .shall be stored out of view, or in a yuce or attached stortptt:i room or area. 12. Trash, gachage aud other waote shall be kept only in cov01o11 sabiLiiry Ilo !;1r11:11111. =;11,111 be placed or loLaited ill any manner thaL will obstruct, divert or otherwise alter the natural water draina(je courses and patterns, and no land- scaping or changes Lo the existiny terrain shall be made which shall obtruct, divert or alter such drainage. 110 bui1dinc] filt.:111 be occupied nor shall any of the lots. wit.hin Lha uhclivi5ion be sol0 or convyd to any party -3- boo?: 5:3U or portiesLIIIL.i 1:leh d:% thh hord of County Commis- ol coinity oi ;ILe sttsfied that the public improvements r.luirei Lo he furnibdied and installed by between Declranl. find the Board a. Comity Commh3sioners of the County of (autteid) iive been 1..)01rly installed. The approvdl Lbdid board of County Commissioners shall be evidoncod !ly the written Jpprovi, of the Building Official of Garfield County. Upon the recording of such written apprOval in the records of the Office of. the Clerl.: and Recorder of Garfield County, the occupancy and style restrictions above set forth bhall become wil iic void arid of no further force or effect. IxoepL Lo Lhc [-_,(211t nu,:,Lcy roc construction purposes, livibg trees, the trunk of which is two (2) inches or more in d ametuT: and wh ch naturialy exist upon a lot shall not Pc2 L'ut, trimmQd, or :bmoved 6r6A. buck lot except as may he .fpproved by LAIL? Architectural Control Committee. IG. The area of: irrigated lawn Lor ch 106 shall not, e>'.ceed 3500 square feet. The balance of the lot shall be seeded in native guab,....,eb not reL3u ring irrigation (e.g. Crested Wheat.) Indigenou:; trees, bushes, and shrubs may also be planted. Vegetable and flower gardens not exceeding SOO square feet in area may be irrigated. 17. Neither extern,)1 television nor radio antennas shall bo i1j wcd, eNo(2pL :;och flji2; :11,] bo approved ir wri Lill9 by the Architectural Control Committee. 111. An Architectur:11 Control Commiti_Q(., ("the Committee"), is hereby created to function es follows: The ArchiLectur:11 Control Committce SIu.Ll coni.;ist of three members; Wm. James Cunningham, P.O. Box 41'6, Vail, Colorado, telephone 476-5237, Carolyn Pernhar6t, P.O. 105], Glenwood :7;prings, Colorado, telephone 94'a -B601, und Robert: Neer, 721) Nuitahle Building, Ex.Inver, Colorado, telephone 5A4-71713. (1UUX Ptt;E989 majority of the Committee €isy designate a repr,is:r•rrtstivi• !r> ,,(:l frlr it.. :;!€Gu}.cd a Me€nl,r_r r ::irJn, of hecome unable to .:c1, the other memLers shall rrpp11151 .r _ ucee;:t1o5. Upon the sale and conveyance I:y Iroe'i,€r'aut of .,1 1 lot:: in the of ..1 LI..: :,uladi.vision shAl e Left tlrc n,r_€nl;crs of Lhe Committee . P, written rlcsiyn )iris oL members shall ho Lecot'IJud 1)1 the Letiord_. <51. csr:Lield County showing approval by 1 majority or Llle Subdivi:;ion 117x. own,'rS- (b) I;e1ore any person may commence the construction, remodeling, addition to, or .i1 ter:ati.on of any buildinoj, wall, lenee, or other structure whaLsocvcr, within the Subdivi.ior1, there shall be submitted to the Architectural Control Committee, two complete :.et; of the plans and specifications for said work. No nuch structure or improvements of any };incl nhs1..l he eructed, altered, placed or maintained upon any list. ur€lr•s51 snrl until the final plans, eievart.ionr:i and specifications therefore have been approved in i•,ritin(J hy the Architectural Control Committee. Such flan:; 55(1 specifications sh.il l he submitted in writing over the signature of the owner oL the site or his suLhOrized agent. Approval shall h5 tensed, au,onJ other. Lhinr.Js, on (luali-ty oL propo::ccl construction; adc,uacy of site planniny; conformity and harmony of exterior design wiLii neiyhbori€,cj :Lr'uctur.c:;; af'fuct of location and use of improvcmenLs, 1srndsciripincl, relation of topography, grade. ? ::i.':I:::.I •:i:::trr,;: lev;.l1.ic,n u[ the: :;i Le being :r;I,ruv,4 i to Lh<+t of €leirjhboriny sites; relation of the i€n;1c-r,veli-enL to nearby atr:5Cts;; 1111(1 cunf011)1Ly of: the plans; and ::pec i f i eat ion1, to the pe5po:,e and general plan and intent or t}rl:;C r'4:'.Lr1cLiontl- The Committee sh111.1 not arhitrarily or u11rea.;onahly withhold approval of such planand 5;p5(111 1(:11... 1a. {c} The Architectural Control Committee shall approve or disapprove, in writi.ny, said ,.dans and spcci Licati.onr; uiLhin thirty days Isom the receipt thereof. One ,;et of said 1)11€(1:; and Specifications' with a copy of the written approval_ or disapproval shall be retained by the Committee. In the event no action i:; taker to approve 1,11 disapprove such plans and Specifications within said thirty day period, the provision rel:Jui_ri_ny approval of 1411111 flans and specifications shall he deemed to have been waive('.. (d) The Committee 1)11y 11(51)1. Viiriant_r_S from the strict application of the: -;e protective covenants, subject Lo the following conditions: 1, n detailed written application for variance ::hall be submitted to thci Committee supported by plat or drawirirJs and with a r,rocessins fee of 525.00, plcrn any costs Or ices. the Committee may incur in having) the recluSS'L evaluated or reviewed. -5- ( e ) [iUrii~ 529 9 fe,E 99p ?. I'r <sr>f ,:rcrr•�t il�lc• Lo Lhu committee oC ill leant (1(1) cloy , , Ov.in c wri tlon troL1Co LO all :;ul>divisi.on property owners within 200 Leet Erorn the axle iur bouncit riu; nl' the site. code and ot.hc:c- ur1linancc.5 of the County of Garfield, or ,in appropriate variance shall have been approved by the County of Garfield. 4. An affirmative f i 01.111 1 i>y the Committee that the variance will not crentc r;u'.)stanti.al adverse effects on i)Lit r nbclivlot owners, and is conformity with LEo.! clunlity, Objectives and genera]. ]. standards uE the Subdivision. 1leither t_he tx2clrrrant, the Committee members, nor their sircce:;sor:; or assigns :;hall be liable to anyone SubnriLL1n plane, Lo tlr(2ni for approval, or to any owner- or any land affected by this Declaration, by reason of minta3;o in irrclyras:nt, nerjligence,. or nonfeasance arising out of or: in connection with the approval or disapproval or failure to approve any such plans. Every person who submits plans for opprovcal agre , by 0,11l,ini0,s•i011 of such plans, and every owner of any land 1n circ- ;,ubdivision agrees, by orctuiri.nc1 title thereto, that he will not bring any action or :snit again,L Declarant to recover such damage. 19. No elevaLed t.un)..s of any kind shall be permitted on any l.ot for storage at rja, fuel, water, oil or other substanc-c!::. :any osLorrrc)e Lz:nk_, : ha11 I,01 buk'iud below ground level. 20. Ouriny the course of construction of any permitted structures, roads, or other irnproverneec.a, the provisions contained in these Covenant:-; shall be deemed waived to the extent necessary to permit such construction, provided that, during the course of. sucks com,,truction, nothing) shall be done which will result in a violation of any provision upon completion 131 c 00:]Lr'uc't_ir>n. 21. 'These protective -covenants ;;ball run with the land and shall 1.1c binding upon all parties and all persons clainriny under them for a period of twenty-five (25) years from the date these covenants are recorded, provider] that such protective cover.: nts nhcr1.1 be automatically extended for successive periods of Len (10) years unless on or before the -6- B{)OX .r5„(3 r4I,E9`.):1. end of. .iny ;;HL:II :;occc•.mivc I,n:r:icnl or ori.ainal period the owner:; of n majority of the lots i;; the r.ubdivision shall_ by written instrument duly recorded decl.-Ire a termination of same. 22. The !;e covennt i may be dmended at any time by an affirmative vote of owner ul: two-thirds (2/3) of the ubii.vi ia:i irvtr. Such election _>f,._ill be held by secret ballot fr,l'lnwin,J at 1e,t:st 30 days written notice by certie£ed meth to J11 lot ouio:Ln. ;uch imendment sh,t1i be rc:corded in Garfield County Clerk incl keeor:dor'n office. 23. Notwithstanding onvthincj to the contrary contained here n, of l.co the expiration of one ycdr from the date ,of i s:,u:tnoc: of a buildincl l,c:l min_ Lou any .improvement by a government.:rl. ,iut.lsr>r:iLy Iiavincl such .jer:i::diction, said improvement shall be doomed to Le in compliance with all provisions n1 tlte::o coven.Int.s, unle:.s actual notice of such noncompliance, executed by the 13eclarant or its successors and a<si.cJnr., _,}irt11 3lspc ar: or record i the office of the Clerl: and Recorder of Garfield County, C'oinrado, or unless lcc}al proceedin,s shall have been initic,tvc1 to enforce compliance. 21. Enforcement of these protective covenant; by pro-- ceeclinoJs at law or in equity by any owner ou owner_-,, or association thereof, of the land hereby restricted and may be enforced acjainst any person or persons violating or attempt- - incl to violate any provision, either to restrain violation or Lo recover cE<itir:irJcs:. if r.nil ir; hrnukj]it. Lor: the enforcement of these covenants, then the prevailing party shall be entitled to recover the costs of .suit including a reasonable attorney's foe. for the purposes of this section, the Declarant, or it successors shall be deemed an owner so long as any lobs in the Subdivision remain unsold. -7-- KM 539 N•GE 9'.)2 20. Invcilidtion of any one or Lne_he covenanth by • judgment o/7 court order: !;hiiI.1 in no way affect any of the other proviionn which ;1111 remain in full force and 26. These coven:Int are !'ilihjoet to applicable laws and to ordinan0en of the County or Garfield, and violation of naid or ordin,Ince nre vioL.Lion of there f;ubjoct L"o ;:rovielc(f. Dated aodf:11c3110(1 Liiio ?.0- dey of 1979- 011 C. . COLoCATXCL,T: ( ..• r 4-4,11-4 Asistant SecLutJcy (CORPORATE !-;EAL) STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) covenants, — CUNNINGHAM CONSTRUCTION & DEVELOPMENT CO. ---",,,"- B y : _ _z__4.,„,..:,r:i _ , %., • . 111 »1)(0. C).9<iiingham, 1 -- , eIcl<iL /,' r The foregoing instrument was Jickclowledged before me 'this `0‘1',1- .21,61-i, day of 1979, by WM. JAMES --0)V1-4-114T-Ciff5(-NIAM, President, and IJiliERT NI:ER, as Assistant of Cunnin,gham Con.t;Lruction & Lrevelopment Co., a ' \COlOrztdo corporaLion. PUG\- My commlion 0x LL0: ('• 1)itnes1; Illy hand and a1ficial ; ) ) NOLaLy Public flO AFTER RECORDING MAIL TO: BANKER'S MORTGAGE CORPORATION AND/OR ASSIGNS P. 0. BOX 2096 BRECKENRIDGE, CO 80424 LOAN NO. leintz [Space Above This Line For Recording Data] DEED OF TRUST THIS DEED OF TRUST (Security Instrument") is made on July 1 6 , 1 9 9 8 , among the grantor, KIRK LEINTZ and MELISSA J. LEINTZ the Public Trustee of )i)&44 GARFIELD and the beneficiary, BANKER'S MORTGAGE CORPORATION AND/OR ASSIGNS which is organized and existing under the laws of COLORADO , and whose address is P. O. BOX 2096, BRECKENRIDGE, CO 80424 ("Lender"). Borrower owes Lender the principal sum of One Hundred Forty Four Thousand Dollars and no/100 Dollars (U.S. $ 1 4 4, D D 0. 0 0 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 1, 2 0 2 8 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in GARFIELD County, Colorado: LOT 2 BLOCK 3 AMENDED RIVERBEND SUBDIVISION, FILING NO. 2 ACCORDING TO THE PLAT, RECORDED AS RECEPTION NO. 299710. COUNTY OF GARFIELD STATE DF COLORADO ("Borrower"), County ('Trustee"), which has the address of Colorado 8 1 6 4 7 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security instrument. All of the foregoing is referred to in this Security instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 263 RIVERBEND DRIVE 'Street] ("Property Address"); NEW CASTLE (City] COLORADO -SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 1/91 ISC/CM DTCO// 1291 /3006(1-91)-L PAGE 1 OF 6 LOAN NO. 1eintz THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (0 any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. §2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise- Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. lf, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and COLORADO --SINGLE FAMILY—FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 1/91 ISC/CMIDTCO//1291/3006(1-91)-L PAGE 2 OF 6 LOAN NO. leint z for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. 1f under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly, mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by COLORADO --SINGLE FAMILY--FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 1/91 ISC/CMDTCO//1291/3406(1-91)-L PAGE 3 OF 6 LOAN NO.1eintz an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. if a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. COLORADO --SINGLE FAMILY--FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 1/91 ISC/CMDTCO//1291 /3006(1-91)-L PAGE 4 OF 6 LOAN NO. leintz 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. if all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note ora partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sate and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. COLORADO --SINGLE FAMILY--FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 1/91 ]SC/CMDTCO//1291 /3006(1.91)-L PAGE 5 OF 6 LOAN NO. leintz If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in paragraph 14. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 23. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] El Adjustable Rate Rider ❑Graduated Payment Rider ❑ Balloon Rider ❑ Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. ❑ Condominium Rider ❑ Planned Unit Development Rider ❑ Rate Improvement Rider 111 --4 Family Rider ❑ Biweekly Payment Rider ❑ Second Home Rider Witnesses: KIRK LEINTZ (Seal) -Borrower ME ISS LEINTZ (Seal) -Borrower (Seal) -Borrower [Space Below This Line For Acknowledgment] STATE OF COLORADO, an gE Id County ss: The foregoing instrument was acknowledged before me this /4.7411 day of (.,7 y , by KIRK LEINTZ and MELISSA J. LEINTZ ,/ Witness my hand and official seal. My commission expires: f�/j J0 ed6;2y.z.tidz) Notary Public (Seal) -Borrower COLORADO --SINGLE FAMILY--FNMA/FHLMC UNIFORM INSTRUMENT FORM 30061/91 ISC/CMDTCO//1291/3006(1-91)-L PAGE 6 OF 6 My Comm. Expires 12-6-2000' 1 C U. I V. [ V IV ,71I 11'1 Account: R170347 Legats Owner Novas SACRED MOUNTAIN TRUST Parcel Number 2123-344-07-003 Tat Area 017 - 2D -SF - 017 9Itea Address Sibling Account No Legal Seminary Section: 34 Township.. 3 Reage:90 Subdivision: CEDAR RI1XH SUBDIVISION Lot:3 AMENDED Irani Sok Price Sale Data !22;14MRU4 1121,291? jTr1(/2O4.M SUM 1994 $4.00Q 10/13/1999 Tex tliftorx Tax Year Taxes "2010 $606.84 2009 3606.84 • Estimated Owner Ino rnsution Owner Norse SACRED MOUNTAIN TRUST Owner Address 350 REDCL1PP CIRCLE UNIT 202 RIDGEWAY, CO 81432 Images Doc Type SA WI) WI) kcds Assesitnent tern Actual (2009) 5195,000 Primary Tatabts $15,520 Tax Area: 017 Mill Levy: 39.1000 Type Actual Assessed Acres Land S195,000 513,520 4.026 Book Per 0: 1648 P: 007 p: 1648 1: 906 B: 1163 P: 440 13: 1153_13:353-3M httpsJ/act.garfieId-county.coin/assessor/taxweb/account.jsp?accountNunt R170347 2/8/2010 Property Address 000291 Street Direction NIA Street RIVER BEND Street Suffix DR Vicinity _ NEW CASTLE Business Name N/A Subdivision Name RIVERBEND SUB. 2ND. Block 3 Lot 1 Condo Name N/A Condo Unit N/A Dwelling Units 1 Acres 0 Land Sq Ft 39857 Owner Owner VAN ROEKEL, DAVID J. & CATHLEEN C. Care of 1 VAN ROEKEL, DAVID J. & CATHLEEN C. Care of 2 N/A Owner Address 291 RIVER BEND DR Owner City NEW CASTLE Owner State CO Owner ZIP 81647-9777 Assessor Parc& Number 212334405001 Tax District 017 Tax Exempt Entity _ PRIVATE OWNERSHIP City or County Unincorporated Garfield County Zoning Description Planned Unit Development Land Use 1 SINGLE FAM.RES.-LAND Land Use 2 SINGLE FAM.RES-IMPROVEMTS Land Use 3 N/A Land Use 4 N/A _ Land Use 5 N/A Reception No 553681 Book 1155 Page 355-356 Legal Description SECT,TWN,RNG:34-5-90 SUB:RIVERBEND SUB. 2ND. BLK:3 LOT:1 DESC: AMENDED BK:0554 PG:0313 BK:1155 PG:355-356 RECPT:553681 BK:0948 PG:0927 BK:0813 PG:0267 BK:0792 PG:0924 BK:0772 PG:0732 BK:0772 PG:0729 Section 34 Township 5 Range 90 Address Propertyi 000370 Street Direction NIA Street GLENEAGLE Street Suffix CIR Vicinity NEW CASTLE Business Name NIA Subdivision Name RIVERBEND SUB. 2ND. Block 3 Lot 3 Condo Name N/A Condo Unit N/A Dwelling Units Acres 1 0 Land Sq Ft 35719 Wil Owner BLACKFORD, PAUL MICHAEL Care of 1 BLACKFORD, PAUL MICHAEL Care of 2 N/A Owner Address 370 GLEN EAGLE CIR Owner City NEW CASTLE Owner State CO Owner ZIP 81647-9412 Parcel Number 212334405003 Tax District 017 Tax Exempt Entity PRIVATE OWNERSHIP City or County Unincorporated Garfield County Zoning Description Planned Unit Development Land Use 1 SINGLE FAM.RES.-LAND Land Use 2 SINGLE FAM.RES-IMPROVEMTS Land Use 3 N/A Land Use 4 N/A Land Use 5 N/A Reception No 754274 Book NIA Page NIA Legal Description SECT,TWN,RNG:34-5-90 SUB:RIVERBEND SUB. 2ND. BLK:3 LOT:3 BK:0554 PG:0313 RECPT:754274 RECPT:748961 BK:1073 PG:0792 BK:0933 PG:0205 BK:0813 PG:0267 BK:0792 PG:0924 BK:0772 PG:0732 BK:0772 PG:0729 Section 34 Township 5 Range 90 ,,,'VMS0124:014:26!,'RgitsAM-,iiiiiiii‘-tatagaz,N,mmomogni Address N/A Street Direction N/A Street N/A Street Suffix NIA Vicinity NEW CASTLE Business Name N/A Subdivision Name NIA Block N/A Lot N/A Condo Name N/A Condo Unit N/A Dwelling Units 0 Acres 237 Land Sq Ft N/A .111MMONINCEntatTlf ''AtillaMNIONVINGInemy Owner NCIG FINANCIAL, INC. Care of 1 NCIG FINANCIAL INC. Care of 2 ATTN:MR. RUSHTON 0. BACKER Owner Address PO BOX 5460 Owner City PLAYA DEL REY Owner State CA Owner ZIP 90296 AffitallOVnintinglinrAtai '''ant.'„,4, Njle,d -415111100 Parcel Number 212335300081 Tax District 017 Tax Exempt Entity PRIVATE OWNERSHIP City or CountyUnincorporated Garfield County Zoning Description Planned Unit Development Land Use 1 IRRIGATED LAND-AGRICLTRL. Land Use 2 WASTE LAND Land Use 3 OTHER BLDGS.-AGRICULTURAL Land Use 4 N/A Land Use 5 N/A Reception No 569558 Book 1208 Page 96 Legal Description SECT,TWN,RNG:35-5-90 DESC: W1/2SW ALL THAT LAND LYING S OF THE C/1. OF THE CO. DESC: RIV IN THE SWNW(5.80A), NESW(28.53A) & THE N1/2SE DESC: (51.37AC). SEC.34 ALL THAT PT OF S1/2S1/2NE LYING DESC: DESC IN 549/172, ELY OF RIVERBEND SUB -DIV &NELY OF DESC: OF A TR DESC IN 576/534 (80.24AC) EXCEPT (5.85AC) DESC: INCLUDED IN RIVERBEND 6-90 ALL THAT PT OF LOT 4 DESC: LYING ELY OF A TR DESC IN 576/534(7.27AC). DESC: OF C/L OF COLO RIV & ALL THE SE LYING EASTERLY OF A TR BK:0576 PG:0534 BK:0453 PG:0036 BK:1208 PG:96 RECPT:569558 BK:1173 PG:180-185 RECPT:559397 BK:0863 PG:0427 BK:0814 PG:0737 BK:0802 PG:0579 BK:0772 PG:0137 BK:0759 PG:0820 BK:0714 PG:0015 BK:0626 PG:0563 Section N/A Township NA Range N/A ALTA OWNER'S POLICY - 10-17-92 POLICY SUBJECT IN SCHEDULE Texas corporation, not exceeding I. Title 2. Any 3. Untnarketability 4. Lack The Company to the extent IN WITNESS duly authorized lialilliba.' OF TITLE INSURANCE STEWART TO THE EXCLUSIONS B AND THE herein called the Amount of to the estate or interest defect in or lien or of the of a right of access will also pay provided in the WHEREOF, officers as of ISSUED BY TITLE GUARANTY COMPANY FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage Insurance stated in Schedule A, sustained or incurred by the insured by reason of: ' described in Schedule A being vested other than as stated therein; encumbrance on the title; title; to and from the land. the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only Conditions and Stipulations. Stewart Title Guaranty Company has caused this policy to be signed and sealed by its the Date of Policy shown in Schedule A. STEWART TITLE GUARANTY COMPANY 40; ,��S1.E6P JJ/ / �/L/�' q, cit X49i • 1 Chairman of the Boa .ti:t•�—it- o� I 1308 'o Countersigned: \_. *\, .*.d,0, ' (TA President Authorized Coontersig STEWART TITLE OF GL' • " ' OD SPRINGS, INC. Agent ID #06051A EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws; that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for I{ Lor a 'lid. went or lien creditor. Serial No. 0-9701-4963 ALTA OWNER'S POLICY SCHEDULE A Order Number: 95024767 Date of Policy: January 10, 1996 at 3:02 P.M. Amount of Insurance: $ 153,000. 00 1. Name of Insured: KIRK LEINTZ AND MELISSA J. OUELLETTE Policy No.: 0-9701-4963 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: KIRK LEINTZ AND MELISSA J. OUELLETTE 4. The land referred to in this policy is described as follows: LOT 2 BLOCK 3 AMENDED RIVERBEND SUBDIVISION, FILING NO. 2 ACCORDING TO THE PLAT, RECORDED AS RECEPTION NO. 299710. COUNTY OF GARFIELD STATS OF COLORADO 4LTA OWNER'S POLICY SCHEDULE B Order Number: 95024767 Policy No.: 0-97o1-4963 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. S. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof, water rights, claims or title to water. 6. Taxes for the year 1996, a lien not yet due and payable. 7. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 20, 1892 in Book 12 at Page 156 as Reception No. 13992. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded April 5, 1923 in Book 73 at Page 154 as Reception No. 82344. (SEISE( Section 34) 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 20, 1892 in Book 12 at Page 155 as Reception No. 13991. (NEYSEY Section 34 and WSSWY Section 35) 11. Easement and right of way for electric transmission lines, as granted to the Public Service Company of Colorado by C. W. Darrow and C. C. Parks in the instrument recorded, February 13, 1967 in Book 382 at Page 170 as Reception No. 237076, affecting the SS Section 34. 12. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 5, 1923 in Book 73 at Page 154 as Reception No. 82344. (SEISE( Section 34) Continued on next page Continuation of Schedule B - ALTA Owner's Policy Policy Number: 0-9701-4963 13. Reservation in Patent recorded April 5, 1923 in Book 73 at Page 154 as Reception No. 82344, stated as follows: "Reserving, however, to the United States all coal in the lands so entered, and to it or persons authorized by it, the right to prospect for, mine and remove coal from the same upon compliance with the conditions of and subject to the limitations of the Act of March 3, 1909 (35 Stat. 844). (SEW'SEW' Section 34) 14. Easement and right of way for cattle drive, as granted to Frank Delaney by Daryl G. Richardson and Winifred Richardson in the instrument recorded February 24, 1966 in Book 374 at Page 269 as Reception No. 233606. 15. Easement and right of way for electrical transmission line, as granted to The Public Service Company of Colorado by Daryl G. Richardson and Winifred C. Richardson, in the instrument recorded August 18, 1972 in Book 434 at Page 342 as Reception No. 254937, affecting property in the SEW' of Section 34 and SW of Section 35. 16. Terms, conditions, obligations and restrictions as contained in Protective Covenants recorded November 26, 1979 in Book 539 at Page 985 as Reception No. 299714. 17. Restriction and Easements as shown on the Record Plat of Amended Riverbend Subdivision Filing No. 2, recorded November 26, 1979 as Reception No. 299710. 18. Restrictions as contained in instrument recorded October 20, 1977 in Book 501 at Page 858 as Reception No. 281327. 19. Terms and conditions of Utility Easement, recorded April 27, 1990 in Book 777 at Page 822 as Reception No. 412038, as granted to Public Service Company of Colorado and The Mountain States Telephone and Telegraph Company, the easement is described as follows: A ten (10) foot easement adjacent to the front lot lines of Lots 3 through 8, Block 2 and the front lot lines of all of Block 3 of the amended Riverbend Subdivision, Filing #2. Said easement parallels and is immediately adjacent to Riverbend Drive, Gleneagle Circle and Storm King Road. 20. Terms, conditions and effects of the stipulation Case No. 81CV239, Riverbend Homeowners Association (Plaintiff) and Cunningham Construction and Development Co. (Defendents) recorded January 12, 1990 in Book 771 at Page 46 as Reception No. 409097. 21. Lack of Ownership of Property from the lot to the fenceline along the Westerly boundary of subject property, as evidenced by Improvement Location Certificate by Richard L. Holsan, dated December 26, 1995 as Project No. 95200. 22. Deed of Trust from Kirk Leintz and Melissa J. Ouellette to the Public Trustee of Garfield County, for the use of America's Wholesale Lender to secure Continued on next page Continuation of Schedule B - ALTA Owner's Policy Policy Number: 0-9701-4963 $245,350.00, dated January 5, 1996, recorded January 10, 1996, in Book 963 at Page 750 as Reception No. 487492. CONDITIONS AND STIPULATIONS Continued PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (1) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, irneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (11) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encum- brance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to casts, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy ;ach separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. (continued and concluded on last page of this policy) (ALTA Owner's Policy) 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13, SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured chin of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable Iaw, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029. STEWART TITLE GUARANTY COMPANY 0 O 43 81 4380 oocmN R 7254x N C >0 q ri ' 7665x.• ( " R. i f '�� f f .� • 706__ ►' 1 I �i r� x 7079 x70330 x10337 ♦ — - 1 "- "�4�.. T rr c>: 10375 Tan 1a `�Spr ^--_,1loo5 / - T. 10688 10742x x 9795 / / 1 1 / 19418 • i 10462x ,,-10010 6052x x 6110 Theft 5620 �-��e11 6 Tibbetts V/ \!f 11J� 4. yonr,eay x6272 .' \. khnnl s i; 1 • y r �! 6256x / !4;_�__'''N STORM KING �� I 1 - J _. M.EMORIAL/x � - .- Ghacr / �TRAIL� t 6542 x '7 Mine5676 South Canyon 7085 7 7254 G R • A /y D 76657 4. 0 J X59,30 •__. g - - 7 7781' • 7063x r'`.y i _ _ _ ---.?� ` 1 ^--1 :'Mine rel 1 rr L',`-1._.__rl �_ --- :�'H/orse x7079.,' `" / ` ▪ 8269 a. Mountain 1 = ,..;"!c. "79.P, 7335 rFlahitat St mp Required Castle Mate Wildlife Are a-- 1 7111,. 6286 7665 0 �Y ,�, 75787rr T.,........; r` r.- - 1 i r.^ :2_- rr J err -^a, 1 r - r ^d f f '3'---1 7789 x * •r J r 1' 1rte, 5.th wnyen Mit 7 7176 7304 x 7644 7083 7 7461 Ali IL�Ir,�Ir:l I t E x'1• 7 1‘ • ?r C t `CTa :! l' • _—I V • • i • 7665 Q e 4 6,43" -7 -1t7 - • •Jia 6,e,f.i..r ifi ;y/ Nt o narrF� ,..4 _ rr 3f i` \ �- �� — �� ` _ 2,- z-.- Jar- \ — - /1 37'30" — 4385 64-0- 4380 620 r/' -!. ') ,; - _ y/. r !48007 • 793 > S 2680 N X66076 _, 69t '(Mine - Cf /-7665 r • dg✓ e ,iJ r 6 9 - i— /! t. �\�\ Ilt /., �\ \ yam. „ n tiF . !` 1 \ !! -_ .730/1",, 11\\ ._ ` 1 f� 41 7 • 'mo— -r-- n \ J/ // J — ,\:±..--t''' X i 4 1 rill ' GARFIELD COUNTY Bulkling & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www garfeld-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2123-344-05-002 APPLICANTS PLANNER: Tom Veljc PROJECT: Leintz Setback Variance OWNER: Kirk Leintz - 970/309-3200 - aipineconstrnctioninc aboo.com REPRESENTATIVE: NA PRACTICAL LOCATION: 0263 Riverbend Drive, New Castle, CO 81647 TYPE OF APPLICATION: Variance request for garage within 25 ft. setback DATE: February 11, 2010 GENERAL PROJECT DESCRIPTION The property owner began construction of a garage addition in 1998 and the permit lapsed with the garage not completed. The owner attempted to restart the building perrriit for the garage recently and the building inspector discovered discrepancy in the old permit. The addition appears to be 24 feet 4 inches (approximately) and 8 inches within the setback area. Also, the roof overhang exceeds the zoning code permitted 18 inch encroachment into the setback by extending 24 inches into the front yard setback. The property is located within the Riverbend development, rd Addition which is a PUD. There are specific building setbacks assigned to the PUD development. Discussion with the owner included site specific constraints that may have affected placement of the garage addition. II. PROCESS In summary, the process will be the following: 1. Pre -application Meeting (held 2/11/2010) 2. Submittal of complete Variance Application 3. Review by staff for Technically Complete (TC) Status 4. Notice of TC to applicant with schedule; Applicant submits copies for referral to reviewing agencies 5. Applicant prepares public notice for posting, mailing, and posting of site 6. Hearing scheduled for Board of Adjustment and referral copies sent to referring agencies and departments 7. Staffreport preparation 8. Public hearing before Board of Adjustment and decision by the Board III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS: • Garfield County Comprehensive Plan of 2000, as amended • Garfield County Unified Land Use Resolution of 2008, as amended o Article III, Zoning • PUD o Article IV, Application and Review Procedures • Section 4-103, Common Review Procedures • 4-103 (F), Notice of Public Hearing • Section 4-301, Review Process for Request for Variances • Section 4-501(1), Variances (Application Materials) • Section 4-502, Description of Submittal Requirements o Article VII, Standards • Divisions 7-1, General Approval Standards • Division 7-2, General Resource Protection Standards o Article XVI, Definitions IV. APPLICATION' REVIEW a. Review by: Staff' for completeness recommendation and referral agencies for additional technical review Referral Agencies: b. Public Hearing: Town of New Castle Garfield County Road and Bridge Fire Department Planning Commission _.._ Board of County Commissioners X Board of Adjustment V. APPLICATION REVIEW FEES Planning Review Fees: $ 250.00 Referral Agency Fees: $ Total Deposit: $ (additional hours are billed at an hourly rate ) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing sununary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This snmrAry does not create a legal or vested right. Pre -application Sunzmary Prepared by: ei2 7// 7)-4/0 Thomas Veljic, AICP Date Senior Planner Attachments: No attachments A digital version of the Variance Application is available on-line at; http:/fwww.garfieId- countv.com/lndex.aspx?cage=1113 Please refer to the sections of the Unified Land Use Resolution of 2008 noted above which is located at; http://www.garfield-county.comilndex.aspx?page=578 2-13-2009 Kirk Leintz 263 River Bend Dr. New Castle, CO 81647 ►!1 Garfield County BUILDING & PLANNING DEPARTMENT NOTICE OF ANTICIPATED ENFORCEMENT CEASE and DESIST The Garfield County Building and Zoning Code Enforcement Officer has reason to believe a possible Zoning violation may exist on your property located at 263 River Bend Dr. New Castle, CO 81647. I have witnessed new construction at the above address and our office does not have a building permit on file for this construction. I am also aware you have been notified by our building inspector Jim Wilson that your original building permit has expired by at least two (2) years. You are hereby given notice that you may file a written application for a Takings Determination before the Board of County Commissioners within three (3) days of your receipt of this notice. If you choose not to apply for a Takings Determination, you will receive a written Notice of Violation to correct or to cease and desist from continuing the violation. Pursuant to Garfield County's Land Use Resolution of 2008, Article XII, the county may pursue any of the available enforcement procedures and penalties in connection with this violation. Garfield County Building and Zoning regulations, Enforcement Protocol and peimit application forms are available at www.garfield-county.corn in the "Building and Planning "directory. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below or by E-mail cchappelle(cbgarfeld-county.co' n Sincerely, --Th Christopher Chappelle Building / Planning Code Enforcement Officer 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 O %o, A. 406,0 yO '41f4ilff AZC:ea, P : P th irA/ 2000 142(;c0 viLi 6„44,.....),:, /NG ' / "��o=�,ef}�retin�o[���,a��slt� �wehstte:ar4trrrttw usp�ca���'� Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street, Apt. No,; Of PO Box No. City, Slate, Z1P+4 Postmark Here SENDER COMR�,ETE TH!S SEC' ION Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. gi Print your name and address on the reverse so that we can return the card to you. n Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: Kirk Leintz 26; River Bend Dr. New Castle, CO 81647 ,COMPLETETHIS SECTION ON DELMF/MRY A. Signature X Ate' �B.. F c ived-.y P nted Name) 111�'Il Agent Address C. Date of elivi /9 y D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ET No • 3. Service Type ertified Mail fl Registered 0 Insured Mail ❑ Express Mali EI Return Receipt for Merchandi ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (lrens€er from service label) 7007 2680 0001 7034 35145 PS Form 3811, February 2004 11*/ Domestic Return Receipt 102595-62-M-1: Chris Chappelle From: Kirk Leintz[alpineconstructioninc@yahoo.comi Sent: Tuesday, July 07, 2009 10:39 AM To: Tom Veljic Cc: Chris Chappelle Subject: Variance Tom Kirk Leintz here, I did as you suggested and taped off the boundaries of my property, I found some discrepancies and the surveyor is going to come back and take another look, One of the measurements he took is 128.3 and I get 129.3, On my South West corner he did not find the cap, I dug around and had a friend of mine that owns a prospector metal detector come out and we found it, The surveyor had 170 as a measurement we got 171. So I will get back to you as soon as I can once the surveyor has been here to take another look. Thanks Kirk Leintz Information from ESET NOD32 Antivirus, version of virus signature database 4222 (20090707) The message was checked by ESET NOD32 Antivirus. ):llwunv.eset.com Job Address GARFIELD COUNTY BUILDING, SANITATION and PLANNING DEPARTMENT 109 8th, Street, Suite 303 Glenwood Springs, CO 81601(970) 9454212 b2_,r\& Nature of Work Use of Buildin Owner • Building Permit No. 6901 Cath,ez STOP WORK ORDER - INSPECTOR'S PORTION dZ63 Je/Y.cx 4-C% CewcsPE-7-e- iferldvo? DATE PERMIT NO. GARFIELD COUNTY P:DING PERMIT APPLICATION Tti1 FPHONE: (970) 945-8212 Applicantto complete numbered spaces only. GARFIELD COUNTY (GL ENWOOD SPRINGS), COLORADO INSPECTION LINE: (970) 945-9159 PERMIT NO. PARCEL/SCDEDULE NO. JOB ADDRESS: III . ..I t LETT No. BLOCK NO. `-j SUBDIVLSIONIFXEMPTION / flci, ) •.--f.- 1 Fit r [ oi_ V S 2 2 !�/Rk 1.,eWrZ 3 X ib d di -4,e -"L w--..20 .5 '''"m9'2.0 —Fi%a% 3 COMPACTOR. 5e1 ADDIRPS 5.,2r1/42- 't I.1C.,O: t ( ,4 cDPPR UC? < E (f. $ sq. FT. OFBannmw L5-6/0 sg.s.twiz( air r:o.orrurovu 6 USE CPT MILD= 7,9 le /75,...15 7DPSOLUOd MGM f v c/......64...e_, f�2 S cam/( 9 a ...... wU1EYE *L"''''' CARPORT. =WM �oas[9 l0 o »EiVeWArve�nr MNRi1E/Q:VAfiED1NfURAL(EVfl) MOerLAN VALUATION orw®L i izaramto VALI:WM 4 SPECIAL L@mstYO¢SI: • • A SEPARATE COLORADO THIS ?ERMfr AUTHORIZED WORK IS AFTER WORK I HEREBY KNOW THE GOVERNING HEREIN AUTHORITY LOCAL CONSTRUCT]_ NOTICE ELECIRICAI. PERMIT is REQUIRED AND MUST BE ISSUED BY THE STATE OF - . BECOMES NULL AND VOID LF WORK CO.. CONSTRUCTION CS NOT COMMENCED WILifN 180 DAYS, OR IF CONSTRUCTION OR, L SUSPENDED OR ABANDONED FORA PERIOD OF W DAYS AT ANY TIME IS COMMENCED. CERTIFY THAT I HAVE READ AND EXAMINED vas APPLICATION AND SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS PLA} CHECK -• ,,/O _. r i PERMIT FEE: $ J ,.�J ..2 •._3— TYITAL FEE: -2:, // I Il4TE PERMIT ISSUED - OCC. ( WUP - CON<.T:TYPE:r�, II THIS TYPE OF WORK WILL BE COMPLIED wall WHECHF,RSPECCI<'IED Off NOT. THE GRANTING OF A PERMIT DORS NOT PRESUME TO GIVE TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LAW REGI LAA1 G CONS ' UCTION OR THE PERFORMANCE OF 215-1 . ZONING; '� SETBACKS: 3I}�swm of Oa�aa. Co�hxtos cs • egrnf ti ng : on nbova / Akio Ae . i. - 4649 ,' te• It_✓,._+Ar/ spmE: ISDSNO, &FEE: : staffing Dopt Apps w 1/Dele AGREEMENT \\ PERMISSION IS HEREBY GRANTED TO THE APPLICANT AS OWNER. CONTRACTOR ANDIOR THE AGENT OF THE CONTRACTOR OR OWNER TO CONSTRUCT IE STRUCTURE AS DETAILED ON PLANS AND SPECIFICATIONS SUB.MEY IED TO AND REVIEWED HY THE BUSI23INGDEPARTMENT, IN CONSIDERATION OF THE ISSUANCE OF THIS PERMIT, TIM SINNER HEREBY AGREES TO COMPLY WITH ALL BUIIDING CODRS AND LAND USE REGULATIONS ADOPTED BY GARFJE D COUNTY PURSUANT TO AUTHORITY (EVEN IN 30.Ii.20I CRS AS AMENDED, THE SIGb ER FURTHER AGREES THAT IF' TILE ABOVE SAID ORDINANCES ARE NOT FULLY COMPLIED WI H IN TELE LOCATION, ERECTION, CONSTRUCTION AND USE OF TBE ABOVE DESCRIBED STRUCTURE, iiia PERMIT MAY THEN BE REVOKED BY NOTICE FROM THE COUNTY AND TEAT TTIENN AND THERE IT SHALL BECOME NULL AND VOID. THE ISSUANCE OF A PERMrr BASED UPON FLANS. SPECIFICATIONS AND OTHER DATA SHALL NOT PREVENT THE BUIL DING OFFICIAL FROM THEREAFTER REQUIRING THE CORRECTION OF ERRORS IN SAID PLANS, SPECIFICATIONS AND OTHER. DATA OR FILO PREVENTING BUILDING, OPERATION BEING CARRIED ON THEREUNDER WHEN IN VIOLATION OF THIS CODE ORANY OILIER ORDINANCE OR REGULATION OF THIS IURISDICTION. THE REVIEW OF THE SUBMI1TED PLANS AND SPECIFICATIONS AND INSPECTIONS CONDUL TELT THEREAFTER DORS NOT CONSTIT1TTE AN ACCEPTANCE OF ANY RESPONSIBUXrIES OR LIABILITIES BY GARFIELD cOUNnt FOR ERRORS, OMISSIONS OR DISCREPANCIES. THE RESPONSIBILITY FOR THES5 ITEMS AND 1 PLUMENTAT1ON DURING CONSTRUCTION RESTS SPECIFICALLY WITH THE ARCHUi ECT, DESIGNER, BUILDER OWNER COMMENT'S ARE INTENDED TO BE CONSERVE AND IN SUPPORT OF THE OWNERS INTEREST_ GmtTmman3 THEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND IHts AGREEMENT ABOVE. I�BNTrit�,) 6T-1zl.OD �s�21�ri ptaika_oxitz (D5,cup The following items are rewired by Garfield County for a final inspection: 1. A final Electrical Inspection from the Colorado State Electricallnspector. 2. A permanent address assigned by the Garfield County Building Department posted where it is readily visible from an access road. 3. A finished roof, a lockable house, complete exterior siding, exterior doors and windows installed, a complete kitchen with cabinets, a sink with hot & cold running water, kitchen floor coverings, counter tops and finished walls, ready for stove and refrigerator, all necessary. plumbing. 4. A complete bathroom, with wash bowl, tub or shower, toilet stool, hot & cold running water, all floors and walls finished and a privacy door. All steps inside or outside over three (3) steps must have handrails. All balconies or decks over 30" high mush have guardrails constructed to meet all 1994 UBC requirements. 6. Outside grading done to where water will detour away from the building_ 7. Exceptions to the outside steps, decks and grading may be made upon the demonstration of extenuating circumstances, i.e., weather, but a Certificate of Occupancy will not be issued until all the required items are completed and a final inspection made. A CERIIIIICATE OF OCCUPANCY WILL NOT BE ISSUED UN'IIL ALL THE ABOVE IILMS HAVE BEEN COMPLE'1ED. ****CANNOT OCCUPY OR USE DWELLING UNTIL A CERTIFICA]'L OF OCCUPANCY (C.O.) IS ISSUED. OCCUPANCY OR USE OF DWELLING WITHOUT A C.O. WILL BE CONSIDERED AN ILLEGAL OCCUPANCY AND MAY BE GROUNDS FOR VACATION PREMISES UNTIL ABOVE CONDITIONS ARE MET. I understand and agree to abide by the above conditions for occupancy, use and the issuance of a Certificate of Occupancy for the dwelling under building permit # Signature c:/cbw/final.wpd Date -b r --�-----< -1 rtt D b �r- 7 • 771 1 0-, _ MI IOW A • H A.X41'SI ' , , � WITI I . , . ; . . . j �.enlOfr ' SiUDS1 ' j ; , i II ! II 4• Ii l . • OPEN To • ' NEL • II . ii'i G�A',flGE •.• •it ,I . 1 ' N - ,� . _ (� X a CO H - t\w Cr) • - 11 1 rri rN I • f1'f�x Pfy e/TGiv7,fvou J.=Ac/.q 7`-r> / i0UG:E /O RArT42 pe.A5 pipoT// 3!�' ACU¢}LL P1,6.7 A" 3�'ro DOUG FOP SroD / X � 00U6- F1/ 2" GOIVCkgre' = titl l T rQfJ rANCJIef Lot, r F/AS//f IXC 4--G n -DAP - FACIA e -DAR oF T 41A-T4-4'lAG e41 D-17 GENERAL NOTES • Values shown are the maximum uniform loads in pounds per lineal foot(pif) gr that can be applied to the beam in addition to its own weight. • Tables are baled on uniform loads and the most restrict6,a of simple or continuous spank • Total load values are limited to deflection of L1180_ For itiffcr dcflecdon criteria 1J240 ',aloes aro a1w +Frown. Ail members 71/4" and leu in depth are restricted to a max(murn defled6on of %a'_ Check local code for other deflection rs'iteri?. Alio see Genera[ Auumptf m on Pags 3. 13-P -)4 R c-- •2 Xti 5 7e4 !VAAL 1.9E ZOOZ 'DUI'D8( L06B 568 0L6,, 0:80 68/5T/60 m " V[DT1Fi (2 PLY) t. =;y • .. , 1 g-4►4DFt1(3 PCS}�. , is J11Va 1~7'%a •14' ' 16' _ ;18'r'xi' 5'/6' 7-1/4" :,9yei'`.,i�$'50.R`3'134•7'. . ::i.. .14" 16` 18" SPAN 3047 3277� 4130 5046 6099 � 1351 2632 3547 3669 4571 4916 6195 7570 9149 - 1305 . 6' 3.5/8.7 3.7/9.4 4,7111.8 5,8/143 7.0/17.5 1.5115 2.015.0 2.7/6.13 2.8/7.0 3.518.7 3.7/9.4 4.7111.3 5.8/145 7.01173 2106 2252 2778 3320 3914 438 976 2901 2524 3159 3378 4168 4987 5872 gr 32/8.1 3.4/8.6 42/10.6 5,1/12,7 6,0/15.0 1.513,5 1.5/3.5 2.4/6.1 2.5%6.1 3.218.! 3.4/8.6 4,2110.6 5.1/12.7 6.0/15_0 1473 1630 2071 2472 2879 177 405 1532 1610 2209 2445 3137 3708 9319 1339 1144 10' 2.8/7.1 3.1/7.8 4.0!10.0 4.7/11,9 5.5(13.8 1.513.5 1.5/3.5 1.9/1.9 2.0/5,2 2.8/7.1 11/7.8 4.0110.0 4.7/11.9 5.5/13.8 1019 1128 (535 1968 7276 82 193 1046 1114 1529 1692 2303 295Z 3414 927 1080 795 859 1391 1620 - 12" 2.3/5.9 2.6/6.5 3.518.9 4.5/11.4 5.2(13.2 1.5/3.1 13/33 1.6/4.0 1.7/4.3 23/5.9 2.6/6.5 3.5/8.9 4.5/11.4 52113_2 746 87.5 1124 1444 1800 40 100 664 719 1119 1238 1686 2166 2701 597 697 1112 509 550 896 1046 1669 14' 2.0/5,1 .6 3,0/7.6 3.9(9.8 41/12.2 1.5/3.5 1.513.5 1.513.5 1.5/3,5 2.0/5.1 21/5.6 3.0/7,6 3.919.8 4.8/12..2 - 530 622 _' 857 1101 1371 54 445 482 796 933 1286 1652 2061 • 406 475 762 344 372 609 713 1144 • 16' 1,614.2_ '1 1.919.9 '1 2.7/6.7 3,4/8.6 42/10.7 1.513.5 1.513.5 15/3,5 1.6/4.2 1.9/4,9 2.7/6.7 3-4/8.6 42/10.7 373 4 674 867 1082 30 310 337 560 657 1011 1300 1623 288 337 544 797 2,43 263 432 506 816 1196 18' 1.5/3.5 1.5/3.9 2.4/6.0 3.017.7 3.815.5 1.5/3.5 1,5/33 1.5/3.5 1.5/3.5 1.5(3.9 2.1(6.0 3,017.7 3.819.5 271 319 521 699 873 229 243 406 478 781 1049 1309 212 248 401 540 826 178 193 3113 372 602 885 1239 • 20' 15133 1.5/3.5 2.0/5.2 2.716.9 3.4/8.6 1.5/3.5 1.5/33 1.5/3.5 13/33 2.0/52 2.7/6.9 3,4/8.6 153 161 300 498 600 • 124 135 230 272 450 67Z 701 123 145 235 348 490 104 112 185 218 353 522 735 24' 1.5/3.5 1.5/3.5 13/3.7 2.1/5.4 2.917.2 j 1.5/3.5 1.5/33 1.5/3.5 1.5/3.5 1.5/3.7 2.1/5.4 2_9/7.2 93 110 185 279 399 73 80 139 166 278 119 599 78 92 149 222 313 65 71 117 138 224 333 470 28' 1.5/3.5 1.5/3.5 1.5/33 1.6(4-1 2.3/5.8 1.5/3.5 1.5/3.5 1.5/3.5 1.5/35 1.5/35 1.6/1.1 2.315.8 13-P -)4 R c-- •2 Xti 5 7e4 !VAAL 1.9E ZOOZ 'DUI'D8( L06B 568 0L6,, 0:80 68/5T/60 m GARFIELD COUNTY BUILDING AND PLANNING 970-945-8212 MINIMUM APPLICATION REQUIREMENTS for SINGLE FAMILY DWELLING CONSTRUCTION including NEW CONSTRUCTION ADDITIONS ALTERATIONS and MOVED BUILDINGS In order to understand the scope of the work intended under a permit application and expedite the issuance of a permit it is important that complete information be provided. Adequate and complete information will prevent delays in the plan review process. Reviewing a plan and the discovery that required information has not -been provided by the applicant may result in the delay of the permit issuance and in proceeding with building construction. The owner or contractor may be required to provide this information before the plan review may proceed. This causes delays because other plans that are in line for review may be given attention before the new information may be reviewed after it has been provided to the Building Department. Please review this document to determine if you have enough information to design your project and provide adequate information to facilitate a. plan review. If you do not, it may be helpful to obtain a book titled "Dwelling Construction under the Uniform Building Code". This hook is available to you through this department at our cost. Also, please consider using a design professional for assistance in your design and a construction professional for construction of your project To provide for a more understandable plan in order to determine compliance with the building, plumbing and mechanical codes, applicants are requested to review the following check list prior to and during design, Applicants are required to indicate appropriately and to submit the completed check list at time of application for a permit 1.1 _ Does the plan indicate the height of the building or proposed addition from the highest point of the building or addition measured at mid span between the ridge and the cave down to existing grade contours? Yes SC 12. Does the plan include any stove or zero clearance fireplace planned for installation including make and model and Colorado Phase II certifications or phase II EPA certification? Yes No jc 13. Does the plan include a masonry fireplace including a fireplacesection indicating design to comply with the Uniform Building Code Chapter 37? Yes No ' X 14. Does the plan include a window schedule or other verification that egress/rescue windows from sleeping rooms and/or basements comply with the requirements of the Uniform Building Code? Yes No i< 15. Does the plan include a window schedule or other verification that windows provide natural light and ventilation for all habitable rooms? Yes No 16. Do the plans indicate the location of glazing subject to human impact such as glass doors, glazing immediately adjacent to such doors; glazing adjacent to any surface normally used as a walking surface; sliding glass doors; fixed glass panels; shower doors and tub enclosures and specify safety glazing for these areas? Yes No 4 17. Is the location of all natural and liquid petroleum gas furnaces, boilers and water heaters indicated on the plan? A/ )1— Yes No 18. Do you understand that if you are building on a parcel of land created by the exemption process or the subdivision process, are building plans in compliance with all plat notes and/or covenants? Yes No 19. Do you understand that if you belong to a homeowners association, it is your responsibility to obtain written permission from the association, if required by that association, prior to submitting an application for a building permit? If you do not have written permission from the association, do you understand that the plan check fee will not be refunded should the architectural committee deny or reject your building plans? Yes 1( No 3 29.. Are you aware that the person signing the Permit Application, whether the "Owner", "Agent of the Owner", "General Contractor", "Contractor', or otherwise, is the party responsible for the project complying with the Uniform Building Code? Yes x, 30. If you are accessing a county road and do not have an existing driveway you will need to acquire a driveway permit from Garfield County Road and Bridge. Their phone number is 945-6111. You will need to show proof prior to the issuance of the building permit_ I hereby acknowledge that I have read, understand and answered these questions to the best of my ability. Phone: % — j7 i 7 (days); Project Name: -- 2--6/ - 7 / date s 1V7 — r o2-1 (evenings) /e/A7e-/AIrz_ Project Address: ? 3 Ke fps Cd S ree- Notes: If you have answered "No" on any of the questions, you. rany be required to provide this information at the request of the Building Official prior to be inning the plan review process. Delays in issuing the permit are to be expected Work may not proceed without the issuance of a permit, If it is determined by the Building Official that additional information is necessary to review the application and pians to determine mininiuin compliance with the adopted codes, the application may be placed behind more recent applications for building permits in the review process and not reviewed until required information has been provided and the application rotates again to first position for review, delay in issuance of the permit or delay in proceeding with construction. Per App 02.95 5 Effective August 15, 1995 Chris Cha . • elle From: Sent: To: Subject: Kirk Leintztalpineconstructioninc@yahoo.coml Tuesday, April 21, 2009 1:19 PM Chris Chappelle RE: Response to Letter Hey Chris thanks for the e-mail We have been extremely slow since November so I have been bidding like a mad man in hopes of securing work for the summer. We recently got work but now I'm slammed working and bidding. I did stop and pick up a permit package and then I only lack finishing a few drawings and Pll be in I promise, hopefully by Tues.. or Wed. of next week. Thanks again Kirk --- On Mon, 4/20/09, Chris Chappelle <cchappelle(&gazfield coaatrtvcom> wrote: From: Chris Chappelie <cchappelle a,garfield-county.com> Subject: RE: Response to Letter To: alpineconstructioninc@xalhoo.com Date: Monday, April 20, 2009, 9:54 PM Just to let you know , and yes I know we have talked, but your file hit my desk today. You really need to come in with your building application for your garage and existing decks and all you paper work done filled out and ready to submit at the front counter with the administration or violations will have to co out . Let me know what's going on before this all goes the wrong way. Thanks, Chris C If all goes well we'll be back in 2 weeks and 1 will submit for permit the first chance 1 get, so I'm guessing 3 weeks on the outside. Thank you Sincerely Kirk --- On Fri, 2/20/09, Chris Chappelle > wrote: From: Chris Chappelle <cchappelle@garfield-county.com> Subject: RE: Response to Letter To: alpineconstructioninc@yahoo.com Date: Friday, February 20, 2009, 10:42 PM I am sorry for your trouble, but please take care of submitting the permit application ASAP. E wall hold off the violation if you cease alt construction of any kinds on, the property and, please give me a: commitment date as to when you can submit your a.pplicat(an;. understand you have larger problems going on right now but the lack of a valid permit has been an issue for quite some time. Is hope: we can take care of this in a timely fashion. Thank you, Christopher Chappelle Garfield County Building and Zoning Code Enforcement Officer (970) 945-8212 From: Kirk Leintz[mailto:alpineconstructioninc@yahoo.com] Sent: Friday, February 20, 2009 8:54 AM To: Chris Chappelle Christopher Let us start by apologizing in failing to get back to your office sooner, we have had 3 deaths in the immediate family, 1 in Nov., 1 on DEC 28Th and the most recent yesterday afternoon. phone about this situation, he advised us to get all pertinent information together, plans , old permit etc_ and brr4ng them in at our earliest convenience, sooner the better. We have been playing catch up since Nov. and now with this most recent death in the family I'm not sure when we will be able to get into your office. I will go to the web site and start the permit process over again as soon as I can. One question though if we do not have the finances to do the work and or pay for the permit I'm not sure what good this will do? Please respond with what direction we should take. I would also ask that under the current situation we be given more time to sort out our personal affairs before any determination is made. Sincerely Kirk leintz Page 1 oft Chris Chappelle From: Kirk Leiniz[alpineconstructioninc@yahoo.corrtl Sent: Friday, February 20, 2009 8:54 AM To: Chris Chappelfe Subject: Response to Letter Christopher Let us start by apologizing in failing to get back to your office sooner, we have had 3 deaths in the immediate family, 1 in Nov., 1 on DEC 28Th and the most recent yesterday afternoon. We have been extremely taxed both mentally and financially as we have had to make repeated trips back to New Hampshire for the funerals. Work has been very difficult to both acquire as well as execute with all the goings on. That being said the red tag has not exactly been on our priority list. We are sorry this has prolonged this long, but believe me it was not intentional. We are responding to a letter we received from your office this morning {2120109) dated 2-13-2009, it is a notice of anticipated enforcement. We are to to respond within 3 days. This is concerning work we started on our home under permit #6901 back in '98 that is not done as yet, we ran out of funds due to loss of employment and are still unable to continue. We have every intention of re- filing for re -permit when we do have sufficient funds to continue, with any luck this spring. Then again with the current economic situation maybe not. We talked with Jim Wilson on 1/19/09 at our home and again on 1/22/09 by phone about this situation, he advised us to get all pertinent information together, plans , old permit etc. and bring them in at our earliest convenience, sooner the better. We have been playing catch up since Nov. and now with this most recent death in the family I'm not sure when we will be able to get into your office. 1 will go to the web site and start the permit process over again as soon as 1 can. One question though if we do not have the finances to do the work and or pay for the permit I'm not sure what good this will do? Please respond with what direction we should take. I would also ask that under the current situation we be given more time to sort out our personal affairs before any determination is made. Sincerely Kirk.ieinti 2/20/2009 Page 1 of 1 Chris Chappelle From: Kirk Leintz (al pineconstructioninc@yahoo.com] Sent: Friday, February 20, 2009 8:54 AM To: Chris Chappelle Subject: Response to Letter Christopher Let us start by apologizing in failing to get back to your office sooner, we have had 3 deaths in the immediate family, 1 in Nov., 1 on DEC 28Th and the most recent yesterday afternoon. We have been extremely taxed both mentally and financially as we have had to make repeated trips back to New Hampshire for the funerals. Work has been very difficult to both acquire as well as execute with all the goings on. That being said the red tag has not exactly been on our priority list. We are sorry this has prolonged this long, but believe me it was not intentional. We are responding to a letter we received from your office this morning (2/20/09) dated 2-13-2009, it is a notice of anticipated enforcement. We are to to respond within 3 days. This is concerning work we started on our home under permit #6901 back in '98 that is not done as yet, we ran out of funds due to loss of employment and are still unable to continue. We have every intention of re- filing for re -permit when we do have sufficient funds to continue, with any luck this spring. Then again with the current economic situation maybe not. We talked with Jim Wilson on 1/19/09 at our home and again on 1/22/09 by phone about this situation, he advised us to get all pertinent information together, plans , old permit etc. and bring them in at our earliest convenience, sooner the better. We have been playing catch up since Nov. and now with this most recent death in the family I'm not sure when we will be able to get into your office. I will go to the web site and start the permit process over again as soon as I can. One question though if we do not have the finances to do the work and or pay for the permit I'm not sure what good this will do? Please respond with what direction we should take. I would also ask that under the current situation we be given more time to sort out our personal affairs before any determination is made. Sincerely Kirk leintz 2/20/2009 am sorry for your trouble, but please take care of submitting the permit application ASAP. I will hold off the violation if you cease all construction of any kind on the property and please give me a commitment date as to when you can submit your application. I understand you have larger problems going on right now but the lack of a valid permit has been an issue for quite some time. I hope we can take care of this in a timely fashion. Thank you, Christopher Chappelle Garfield County Building and Zoning Code Enforcement Officer (970) 945-8212 From: Kirk Leintz[mailto:alpineconstructioninc@yahoo.com] Sent: Friday, February 20, 2009 8:54 AM To: Chris Chappelle Christopher Let us start by apologizing in failing to get back to your office sooner, we have had 3 deaths in the immediate family, 1 in Nov., 1 on DEC 28Th and the most recent yesterday afternoon. We have been extremely taxed both mentally and financially as we have had to make repeated trips back to New Hampshire for the funerals. Work has been very difficult to both acquire as well as execute with all the goings on. That being said the red tag has not exactly been on our priority list. We are sorry this has prolonged this long, but believe me it was not intentional. We are responding to a letter we received from your office this morning (2/20/09) dated 2-13-2009, it is a notice of anticipated enforcement. We are to to respond within 3 days. This is concerning work we started on our home under permit #6901 back in '98 that is not done as yet, we ran out of funds due to loss of employment and are still unable to continue. We have every intention of re -filing for re -permit when we do have sufficient funds to continue, with any luck this spring. Then again with the current economic situation maybe not. We talked with Jim Wilson on 1/19/09 at our home and again on 1/22/09 by phone about this situation, he advised us to get all pertinent information together, plans , old peirnit etc. and bring them in at our earliest convenience, sooner the better. We have been playing catch up since Nov. and now with this most recent death in the family I'm not sure when we will be able to get into your office. I will go to the web site and start the permit process over again as soon as I can. One question though if we do not have the finances to do the work and or pay for the permit I'm not sure what good this will do? Please respond with what direction we should take. I would also ask that under the current situation we be given more time to sort out our personal affairs before any determination is made. Sincerely Kirk Ieintz Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail 1 Sales Detail I Residential/Commercial Improvement Detail Land Detail 1 Photographs 1 Mill Levy Revenues Detail Tax Area 017 Account Number R017037 Parcel Number 212334405002 2008 Mill Levy 40.758 Owner Name and Mailing Address LEINTZ, KIRK & MELISSA J. (JT) 263 RIVER BEND DR NEW CASTLE, CO 81647-9777 Assessor's Parcel Description (Not to be used as a legal description) SECT,TWN,RNG:34-5-90 SUB:RIVERBEND SUB. 2ND. BLK:3 LOT:2 BK:0554 PG:0313 BK:1080 PG:0262 BK:0963 PG:0749 BK:0813 PG:0267 BK:0792 PG:0924 BK:0772 PG:0732 BK:0772 PG:0729 Location Physical Address: 263 RIVER BEND DR NEW CASTLE' Subdivision: RIVERBEND SUB. 2ND. Land Acres: 0.52 Land Sq Ft: 0 Section 1 Township Range 34 5 ( 90 http://www.garcoact.comlassessor/Parcel.asp?AccountNumber= R017037 2/13/2009 Parcel Detail Page 2 of 4 2008 Property Tax Valuation Information Additional Value Detail Most Recent Sale Sale Date: Sale Price: 1/8/1996 153,000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: , 1 0 r Actual Value Assessed Value Land: 91,000 7,240 Improvements: , 183,100 14,570 Total: 274,100 21,810 Additional Value Detail Most Recent Sale Sale Date: Sale Price: 1/8/1996 153,000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: , 1 0 r J Residential Building Occurrence 1 Characteristics L 1 UNFINISHED BSMT: 1,344 1 STORY WI BASEMENT: 1,344 TOTAL HEATED AREA: 1,344 ABSTRACT CODE: SINGLE FAM.RES- IMPROVEMTS ARCHITECTURAL STYLE: BI LEVEL EXTERIOR WALL: T-11 SHTNG ROOF COVER: COMP SHNGL [ ROOF STRUCTURE: GABLE INTERIOR WALL: 1 DRYWALL FLOOR: CARPET FLOOR: SHT VINYL HEATING FUEL: ELECTRIC HEATING TYPE: ELEC BS BD STORIES: STORIES 1.0 http://www.garcoact. cornlassessor/Parcel.asp?AccountNurnber=R017037 2/13/2009 Parcel Detail Page 3 of 4 L BATHS: ROOMS: UNITS: BEDROOMS: YEAR BUILT: [6 1 3 1995 Additional Residential/Commercial Improvement Detail Tax Information Tax Year j Transaction Type Amount 2008 Tax Amount $888.92 2007 Tax Payment: Second Half ($435.70) 2007 1 Tax Payment: First Half ($435.70) 2007 Tax Amount $871.40 2006 Tax Payment: Second Half ($358.84) 2006 Tax Payment: First Half ($358.84) 2006 Tax Amount $717.68 2005 Tax Payment: Second Half ($359.13) 2005 Tax Payment: First Half ($359.13) 2005 1 Tax Amount it $718.26 2004 Tax Payment: Second Half ($407.50) 2004 Tax Payment: First Half ($407.50) 2004 Tax Amount $815.00 2003 Tax Payment: Second Half ($458.15) 2003 Tax Payment: First Half ($458.15) 2003 Tax Amount $916.30 2002 Tax Payment: Second Half ($480.18)1 2002 Tax Payment: First Half ($480.18) 2002 Tax Amount $960.36 L 2001 Tax Payment: Second Half ($477.38) 2001 Tax Payment: First Half ($477.38) 2001 1l Tax Amount $954.76 2000 Tax Payment: Second Half ($414.86) 2000 it Tax Payment: First Half ($414.86) 2000 Tax Amount $829.72 1999 Tax Payment: Second Half ($412.67) 1999 Tax Payment: First Half ($412.67) 1999 Tax Amount $825.34 http:Ilwww.garcoact.comlassessor/Parcel.asp?AccountNumber=R017037 2/13/2009 Parcel Detail Page 4 of 4 Mill Levy Revenues Detail Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Clerk & Recorder Database Search Options Garfield County Home Page The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the infouuiation herein contained. Copyright © 2005 - 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www. garcoact.comlassessor/Parcel.asp?AccountNumber=R017037 2/13/2009 12-2-09 Kirk Leintz 263 River Bend Dr. New Castle, CO 81647 Garfield County BUILDING & PLANNING DEPARTMENT NOTICE OF VIOLATION Re: New construction without a valid building permit. You received a Notice of Anticipated Enforcement concerning violations on your property located at 263 River Bend Dr. New Castle, CO 81647. Dated (2-13-09). You are hereby given notice, pursuant to Article XII of the Garfield County Land Use Resolution of 2008, that you must completely correct the violations or cease and desist from continuing the violations within ten (10) days of the date you receive this notice. Under Article XII of the Garfield County Land Use Resolution of 2008, your failure to correct or cease the violations on your property may result in one or more of the following enforcement, actions being taken against you: 1. Revocation of any building permits issued for improvements of the subject property; 2. Denial of additional land use approvals or building or other development applications pertaining to the subject property; 3. Suspension of any land use approvals for the subject property; 4. Withdrawal of any development permits that are being violated; 5. Forfeiture of any vested property rights; 6. Criminal enforcement; 7. County court civil penalties; and 8. Civil lawsuit. You. have the right to appeal this Notice of Violation, pursuant to the provisions of the Garfield County Land Use Resolution of 2008. Garfield County Building and Z( available at www.garfield-county t If you have any questions regardi compliance action taken, please co E-mail ccha i elle c ,_arfrel. -count Sincere Christopher Chappell Building / Planning Code Enforcement Officer SENDER ,..COMFLETE THIS SECTION M Complete items i, 2, and 3. Also complete item 4 if Restricted Delivery is desired. IN Print your name and address on the reverse so that we can return the card to you. El Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Kirk Leintz 2E3 River Bend Dr New Castle, En 81847 COMPLETE THIS SECT/CIN ON DELIVERY ;i A. Slgnat X 7', B. Received by (Printed NaA'b ❑ Agent ❑ Addres: C. Date. of Deliv D. Is delivery address different from item 1? 0 Yes if YES, enter delivery address below: 0 No 3_ Service Type 0 Certified Mall O Registered O Insured Mail ® Express Mall ® Retum Receipt for Merchand ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ® Yes 108 Eight' 2. Article Number (Transfer from service label] (970) 94. PS Form 3811, February 2004 7008 3230 0002 59€ 5 7124 Domestic Return Receipt 102585,02-M-1 S1.1501V12IBN C0N12GL 5251EUAIEN3 3" 23455 SLACL 1P GF 222143155 >2 E .1COG �. 2 . •46'SI" 1' SJB•19'35'� 9B N 25^45'55" w 12950' X. N 5I.40':2F a' 1 ++ 39' Lt It In 5447 Amended Riverbend Subdivision FILING NO.2 PORTON OF THE SE i/4 OF SECTION 34 T 5 S , R 90W OF THE 6TH PM, GARFIELD COUNTY, COLORADO 9.34"32-2 312 69'� I �u y .W .25,4 _ 1. 01'r 96' - BE510'^2"E 3:.35' Eez 4 2'52 9. 051 ti- 1 5!LOOS'6 t-" 52 25' 22°49.4 a 3 35 E9 ns sa � 4g'a�'c oi'v2•+r 5 32.40' i 10"39'0G" y'�z-52'2I'e 123.41' E50, 25' n 53-w522.42 22" w 46'52-w 130,9q' 12a 13' , TE /02557 55C11CN 34 ACC{ IN PLACE /Js- 'Ye 90.4.1 .MEai-4.J,'..a1PtfAi e1.37ll -'--, TAPICA IAC11 QiX,13C SPY y.=L PwkSa nTwprIn, ...-.- AIRKrakr ,Zt4 o JL-.ak 7 KKBNA ._o GPP ✓/G/rv+ry MAP 3Ca[c-r-NA.0 • b✓p"1 -._49/9,5-366. 6 1 � N 8 9o� 5:46-00'00E. 208. 9e e•VOTneCV- Pi,"- AC-••"fr, s2 4i-so'E 307503 /v --\k--f.g=;2.1Z--,,,',•-=., Boo L3 :tea b�Tri s ,�,.-may ..,s 0 �1. 7S rfxl enx_^mrn / o%meq o// sfAaune, o./ Yhla F Y: -Fa 0 {Erc,¢ Asp6nce//cam . 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CNA/,PAl.4,bC J 0a iv0Y C Afro/ S/ .V.C4Ps CE:P70F.-007E /n:., ,o1o•/ 10075000' 00 /6e �Ga S of C /:ssio�t of l' fir/d Coin/y, >' /hs 7 off >'-4-.�A.0 /97 .e.-- /en ur/>'h !ht C/o,* q�d.o-05.' of Go,000 >� cladr£7.---6,p, A an, c-,........,4, f the OU61 c dcd/c�O c,os haven wa Sojecf :b >'h, , '0' d fh a/ o' .- ab ryofco ao•--4o 4/ C * 1,' r6 .4. oo,,,..g coo -2--,x;•,...,.,,,,••• of 007/,000007/o Gee" / r'ds y o- GPlL C . d<d e-oaod Pe. r'✓S c' .v �f oa {GP'// 0g.000 ,on. 6yy sfje n0' of 00m/yy 0000' .,-2.,,,,,,,-, ..‘",• sod 5, ,+n/ .a/iof/ .i: .o m'oy aS/,yo% cfo' G..00lo a6rr o frn/l,,,,, ,, of o, c>0 o0d torrd ria r ,� t s % 3is - rran o 0 a o, C u� .o -,,, .»+s. sa 0* /-v,o, y 0and 0 0' se,/ or, r=//7 Coc"y• 'TA'�AN OF Ga.Fc/d Q CO NTY �LE.eK COUNTY 5450€00.4$ CERT/F/CATE' <d F,&ti/ P0e s„ aPy � �/ «y or, ,r so..yo cvi v/off onS w d ffinq +.s..e.� 0P C..4. S. /960, gyv /36-2-0 00 wed. g.✓ /rt0' c -cam GA,OF/€LD CIX/NJ'T' SU�E)°Y P CLERK -o/✓a .4FCOQOEpS CE'APy,FiC7TE • Th,s ,' s 554/ "Ex- 000700' 00 fhe d/f+0e of me �0.ek F:ayr n/, . %s -O/C .ONO RA'00.+705-q The purpose of the application is to apply for an 8" variance for the garage and a 10" variance for the roof eave overhang. A. Our special circumstances are the exceptional situation. The house and garage were built in 1995 and we purchased it in February of '96. The survey dated 12/29/1995 was provided to us for the original closing. It is not clearly legible (exhibit A 1). In 1998 we refinanced the house, and again this same survey was used to do the refinance. This survey was provided by Stewart Title, the closing company, and again is not legible (exhibit A2). In 1998 we relied on this survey as being accurate and acceptable to everyone involved in the application for a garage addition permit. It was recognized as partially illegible but a new survey was not requested. During the review process we were asked to measure from the corner of the existing garage to the edge of the road (exhibit A3). After a county staff review, the permit was approved on 9/16/98 using the prints provided and the original partially illegible survey (exhibit D). The new garage was then constructed to be aesthetically pleasing and matched the line of the existing garage. The property line is arched in the front and therefore gets narrower as it runs parallel to the garages. (exhibit E) for curve data. We used information that was approved by all parties involved. The title company twice and the Building and Planning Departments once. We the owners and these governing entities simply relied on this information to be accurate in order to build an addition to our garage. To address the overhang being greater than the allowable 18" infringement into the 25' setback: We started the garage per the 1998 approved plans completing the flaming, roof, eaves and overhangs. The roof was completed in 1998 using the 1997 UBC code. Section 3204 states that clearance above grade over 8 feet. One inch of projection is permitted for each additional inch of clearance provided that no such projection shall exceed a distant of 4 feet. (exhibit F1) Again in the 2003 IBC section 3202.3.2 this same code is stated. (exhibit F2) At each closing we were given a copy of the Protective covenants for Riverbend Subdivision Filing No. 2 Garfield County, Colorado. It states that : "Eaves, steps and open porches shall not be considered part of a building in computing set-backs". (exhibit F3) The eaves were built using these Universal and International codes. We were unaware that the garage addition was in the 25' setback. Being unaware we did not know to abide by the Garfield County Unified Land Use Resolution Article III zoning section 3-301 bullet "G"(exhibit B). We have been unable to finish the garage due to financial problems and stopped construction prior to doors, electrical, sheetrock and siding. Since the point of ceasing construction our permit has lapsed causing county staff to investigate the unclosed permit. At the time of construction it was our understanding that the code for a roof eave of 24" into the offset was permitted. The county code changed 1/1/2009, restricting eaves and overhangs to 18" into any offset. This caused further encroachment into the offset, however to the best of knowledge, not a violation at the time of construction in 1998. We the owners did not intentionally violate any codes. We simply built according to the approved plans and therefore should not be penalized when even the respective governing bodies approved the permit as presented to them. We respectfully request that the variances be granted and the permit reinstated based upon these circumstances so that we may rectify this situation for all parties concerned. B. The circumstances that are being defended are not completely the direct result of the applicants. Upon approval of the submitted permit, we trusted we were building on the property free and clear of any encroachment or violations to planning and zoning codes. We built the addition according to the plans submitted. The site plan used for the garage addition is the same one used when we purchased the house , when we refinanced it, and when the permit was applied for. A new survey was not requested during the permit review process. C. Because of these circumstances the strict application regulation would result in the garage being dismantled from the concrete footers to the roof. Due to our financial distress the garage cannot be reconstructed. The end result would be severely unsightly. The demolition alone would impose such financial distress that the owners would consider filling for bankruptcy. D. The variance is needed to relieve the owner of the hardship of demolition costs, reconstruction costs, the unsightly aftermath and to satisfy the lawsuit brought forth by the county of commissioners and the associated legal fees. If the variance were to be granted the stop work order would be lifted, the permit reactivated and the garage could then be finished. Curb appeal would be brought up to building, planning and county department standards and according to the subdivisions architectural control committee covenants. The property values would then increase for this property as well as for surrounding properties. E. Granting this variance should not cause any public detriment to the best of our knowledge. There is an 80' right of way for future use on the other side of the 25' setback, as show on the map (exhibit E). The road is currently 20' wide. The amount of encroachment would not prohibit any future construction or cause any problems or hardship. F. Granting this variance would not impair the county's zoning plans (Article III) or the land use code because there is an 80' right of way on the other side of the setback which leaves plenty of room for future development. The encroachment does not pose any health, safety or topographical drainage issues. The policy title does not show any exceptions that this variance would interfere in any way with the county's zoning plans. INSPECTION WILL W'T BE MADE UNLESS THIS CARD IS POITED ON THE JOB I 24 HOURS NOTICE REQ1LATiARED REQU}flED FOR INSPECTIONS BUILDING PERMIT GARFIELD COUNTY, COLORADO Date Issued .Zoned o ed Ar ea Permit No ‘P ° AGREEMENT In consideration of the issuance of this permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structure for which this permit is granted, and further agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building Inspector and IMMEDIATELY BECOME NULL AND VOID. Use &") Address or Legal Descn Owner 41411 r Contractor Setbacks Front '''` Side Side Rear This Card Must Be Posted So It is Plainly Visible From The Street Until Final Inspection. INSPECTION RECORD Footing / C , -=)- Foundation 74 -' -1Q' .2/�%<�-�-- Underground Plumbing Insulation Rough Plumbing Drywall Chimney & Vent Electric Final (by State Inspector) Gas Piping Final Electric Rough (By State Inspector) Septic Final Framing (To include Roof in place and Windows and Doors installed). Notes: ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERING - WHETHER INTERIOR OR EXTERIOR, UNDERGROUND OR ABOVE GROUND. a kiD5t,c, 2t 1 Z THIS PERMIT IS NOT TRANSFERABLE �s. L,;ePhone 945-9159 109 8th Street County Courthouse Glenwood Springs, Colorado. APPROVED ‘'s - DO NOT DESTROY THIS CARD ROVED 12-29-1995 02:47PM FROM BRAY 2. co., REALTORS TO POss-R* ax N] 7671• giallning6"18. Date Mar Z5.E45AEMENT 9636394 P.01 SPLIT LEfifa PIMME HOUSE AS, fe, 141f3le NNW 78.111' 40 751-35* Itt-t4E-R 9END DRIVE SCALE • llocAxido '; LAW DESW9InION LOT 2 BLOCK 2 AMENDED feVERE1END SUBDIVISION. FILING NO. 2 ACCOMING 7 E P1.A7; RECORDED AS RED. NO. 299710 COUNTY OF GARRELD STATE1 OF CO1014400 AIPROASMEAff LOCATION CC071C124TE .-- I NEWBY 77Fr m47 Ws IMPROVEME7VT LOC.:1770N CERNAVATE 445 PREPARED FORMORE MORTGAGE co., 147- fr IS NOT A LAND SURVEY PLAT OR AOPROICAIEVT suRvry pun AND THAT IT is NOT ro Re RELIED i/PON FOR Int Mealstimair or rosec I2/IL011+4 OR 07Nfunifir impitotiedrivr LRAM, i Rs/'MER CERI1FY weir WE 141PRovaravrs ON THE ABOVE DESCRIOED pAaca oM Ti' DAM 12/26/4 tYCEPT 41771.17Y COMVEZTION4 Alit.' ENTIRELY WITHIN' INE Dot/taws OF THE PARCEL, EXCEPT AS SHOWN. THAT WERE ME NO ENCYra4ChISIEN7S UPON THE DE5CRieED PREMISES BY IMPROVEMENTS ON ANY ADJOININS PRP7115E5' EXCEPT .AS• INDIcA7TO, AND POT THERE IS NO APPARENT EVIDENCE OR SION Or ANY EASEMENT CROSSING o .NINO ANY PART Ot' SAID P EAVEPT Noma, ili%e•e/' , )ilz ,-.e.e...e...,_ fachwto L. HOLSM, LS, 13501 4E1 is 4:1. is rtoi „Vr... cf,, : v2,4 u.:.e.„,..-c, . j, i /. fir giri.;*•:';;....--'*-,‘,ii • gr ;_..1 ':'. ' l NOM NA770NAL FLOOD I/V5VR4NC( MAPS PO mor INDICATE PROPERTY AS BEA! IN' A MO WAR ROOD FLAN [411;110 073 214 at SIN Ovisreab 004) 970--2.47 LagliTiarl 42141Mur RAIERSEND 0,010E, Aer 0.4511& CIIXOtp400 age 14,12.4IS PAU MR.& TOTAL P.01 0 Ji, i 6;0\''3. \4. \rn -33 \v3 ,c'3 \c) 0 ON I CI 04 \tia • ` D ' m tri 1 7.4 IN ' cD_ w i 0 . co -co cn m 7.1 0 ED o.r -:o2.8z1 w N M )0,SS .710N w O o v me rnm or- 0 m( m cn� m< M 0 rnm z. -1 ao o • - t tom. " 0 M'dEi 00.08 ;oc 8z co 0 a O 102 •80Z 3 „10,55 014 S 0 4 c0 m• % --- '.'"?• • • • ---- . r. ,oc az, ,OFTOZ 3„10,C2.10 • • z —I 13 *pia 0 Niro 77; cn 13z o 0 rn Cim X (1) ryirn '11)5o M < cn 6)0 CD mt Cr (1) 01. • it (,) ion 0 . = [•• i•.. 1997 UNIFORM BUILDING CODE 3201 3206.3 Chapter 32 CONSTRUCTION IN THE PUBLIC RIGHT OF WAY SECTION 3201 — GENERAL No part of any structure or any appendage thereto, except signs, shall project beyond the property line of the building site, except as specified in this chapter. Structures or appendages regulated by this code shall be con- structed of materials as specified in Section 705. The projection of any structure or appendage shall be the dis- tance measured horizontally from the property line to the outer- most point of the projection. Nothing in this code shall prohibit the construction and use of a structure between buildings and over or under a public way, pro- vided the structure complies with all requirements of this code. No provisions of this chapter shall be construed to permit the violation of other laws or ordinances regulating the use and occu- pancy of public property. SECTION 3202 — PROJECTION INTO ALLEYS No part of any structure or any appendage thereto shall project into any alley. EXCEPTIONS: 1. A curb or buffer block may project not more than 9 inches (229 mm) and not exceed a height of 9 inches (229 mm) above grade. 2. Footings located at least 8 feet (2438 mm) below grade may proj- ect not more than 12 inches (305 mm). SECTION 3203 — SPACE BELOW SIDEWALK The space adjoining a building below a sidewalk on public prop- erty may be used and occupied in connection with the building for any purpose not inconsistent with this code or other laws or ordi- nances regulating the use and occupancy of such spaces on condi- tion that the right to so use and occupy may be revoked by the city at any time and that the owner of the building will construct the necessary walls and footings to separate such space from the building and pay all costs and expenses attendant therewith. Footings located at least 8 feet (2438 nun) below grade may project not more than 12 inches (305 mm). SECTION 3204 — BALCONIES, SUN -CONTROL DEVICES AND APPENDAGES Oriel windows, balconies, sun -control devices, unroofed porches, cornices, belt courses and appendages such as water tables, sills, capitals, bases and architectural projections may project over the public property of the building site a distance as determined by the clearance of the lowest point of the projection above the grade im- mediately below, as follows: Clearance above grade less than 8 feet (2438 mm) ---no projec- tion is permitted. Clearance above grade over 8 feet (2438 mm) -1 inch (25 mm) of projection is permitted for each additional inch of clearance, provided that no such projection shall exceed a distance of 4 feet (1219 mm). SECTION 3205 — MARQUEES 3205.1 General. For the purpose of this section, a marquee shall include any object or decoration attached to or a part of said mar- quee. 3205.2 Projection and Clearance. The horizontal clearance between a marquee and the curb line shall not be less than 2 feet (610 nim). A marquee projecting more than two thirds of the distance from the property line to the curb line shall not be less than 12 feet (3658 mm) above the ground or pavement below. A marquee projecting less than two thirds of the distance from the property line to the curb line shall not be less than 8 feet (2438 mm) above the ground or pavement below. 3205.3 Length. A marquee projecting more than two thirds of the distance from the property line to the curb line shall not exceed 25 feet (7620 mm) in length along the direction of the street. 3205.4 Thickness. The maximum height or thickness of a mac= quee measured vertically from its lowest to its highest point shat not exceed 3 feet (914 mm) when the marquee projects more than two thirds of the distance from the property line to the curb line and shall not exceed 9 feet (2743 mm) when the marquee is less than two thirds of the distance from the property line to the curb line. 3205.5 Construction. A marquee shall be supported entirely by the building and constructed of noncombustible material or, when supported by a building of Type V construction, may be of one- hour fire -resistive construction. 3205.6 Roof Construction. The roof or any part thereof may be a skylight, provided glass skylights are of laminated or wired glass complying with Section 2409. Plastic skylights shall comply with Section 2603.7. Every roof and skylight of a marquee shall be sloped to down- spouts that shall conduct any drainage from the marquee under the sidewalk to the curb. 3205.7 Location Prohibited. Every marquee shall be so located as not to interfere with the operation of any exterior standpipe or to obstruct the clear passage of a means of egress from the building or 1 the installation or maintenance of electroliers. SECTION 3206 — AWNINGS 3206.1 Definition. For the purpose of this section: AWNING is a shelter supported entirely from the exterior wall of a building. 3206.2 Construction. Awnings shall have noncombustible frames but may have combustible coverings. Awnings shall be either fixed, retractable, folding or collapsible. Awnings in any configuration shall not obstruct the use of a required means of egress. 32063 Projection. Awnings may extend over public property not more than 7 feet (2134 mm) from the face of a supporting building, but no portion shall extend nearer than 2 feet (610 mm) to the face of the nearest curb line measured horizontally. In no case shall the awning extend over public property greater than two thirds of the distance from the property line to the nearest curb in front of the building site. 1-295 1 CHAPTER 32 ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY SECTION 3201 GENERAL 3201.1 Scope. The provisions of this chapter shall govern the encroachment of structures into the public right-of-way. 3201.2 Measurement. The projection of any structure or ap- pendage shall be the distance measured horizontally from the lot line to the outermost point of the projection. 3201.3 Other laws. The provisions of this chapter shall not be construed to permit the violation of other laws or ordinances regulating the use and occupancy of public property. 3201.4 Drainage. Drainage water collected from a roof, awn- ing, canopy or marquee, and condensate from mechanical equipment shall not flow over a public walking surface. SECTION 3202 ENCROACHMENTS 3202.1 Encroachments below grade. Encroachments below grade shall comply with Sections 3202.1.1 through 3202.1.3. 3202.1.1 Structural support. A part of a building erected below grade that is necessary for structural support of the building or structure shall not project beyond the lot lines, except that the footings of street walls or their supports which are located at least 8 feet (2438 mm) below grade shall not project more than 12 inches (305 mm) beyond the street lot line. 3202.1.2 Vaults and other enclosed spaces. The construc- tion and utilization of vaults and other enclosed space below grade shall be subject to the terms and conditions of the au- thority or legislative body having jurisdiction. 3202.13 Areaways. Areaways shall be protected by grates, guards or other approved means. 3202.2 Encroachments above grade and below 8 feet in height. Encroachments into the public right-of-way above grade and below 8 feet (2438 mm) in height shall be prohibited except as provided for in Sections 3202.2.1 through 3202.2.3. Doors and windows shall not open or project into the public right-of-way. 3202.2.1 Steps. Steps shall not project more than 12 inches (305 mm) and shall be guarded by approved devices not less than 3 feet (914 mm) high, or shall be located between col- umns or pilasters. 3202.2.2 Architectural features. Columns or pilasters, in- cluding bases and moldings shall not project more than 12 inches (305 mm). Belt courses, lintels, sills, architraves, pediments and similar architectural features shall not pro- ject more than 4 inches (102 mm). 3202.2.3 Awnings. The vertical clearance from the public right-of-way to the lowest part of any awning, including va- lances, shall be 7 feet (2134 mm) minimum. 2003 INTERNATIONAL BUILDING CODE® 32023 Encroachments 8 feet or more above grade. Fs- croachments 8 feet (2438 mm) or more above grade shall cerin ply with Sections 3202.3.1 through 3202.3.4. 3202.3.1 Awnings, canopies, marquees and sign. Awn- ings, canopies, marquees and signs shall be conte so as to support applicable loads as specified in Chapter 16. Awnings, canopies, marquees and signs with less than 15 feet (4572 mm) clearance above the sidewalk shall not ex- tend into ,or occupy more than two-thirds the width of die sidewalk measured from the building. Stanchions or col- umns that support awnings, canopies, marquees and sign shall be located not less than 2 feet (610 mm) in from the curb line. 3202.3.2 Windows, balconies, architectural features arm, mechanical equipment. Where the vertical clearan above grade to projecting windows, balconies, architectur features or mechanical dquipment is more than 8 feet (24 mm), 1 inch (25 mm) of encroachment is permitted for each additional 1 inch (25 mm) of clearance above 8 feet (2438 mm), but the maximum encroachment shall be 4 feet (1219 mm). 3202.3.3 Encroachments 15 feet or more above grade. Encroachments 15 feet (4572 mm) or more above grade shall not be limited. 32023.4 Pedestrian walkways. The installation of a pe- destrian walkway over a public right-of-way shall be subject to the approval of local authority having jurisdiction. The vertical clearance from the public right-of-way to the lowest part of a pedestrian walkway shall be 15 feet (4572 mm) minimum. 3202.4 Temporary encroachments. Where allowed by the lo- cal authority having jurisdiction, vestibules and storm enclo- sures shall not be erected for a period of time exceeding 7 months in any one year and shall not encroach more than 3 feet (914 mm) nor more than one-fourth of the width of the side- walk beyond the street lot line. Temporary entrance awnings shall be erected with a minimum clearance of 7 feet (2134 mm) to the lowest portion of the hood or awning where supported on removable steel or other approved noncombustible support. 561 GOOK, 539 Pf;9H: ' NOV 2. G 1079 Rc,c:r,hLir„,Un, Y.C�..._.- !.i;] i,•rdl.!: ,:,rf, li000,crr, I'ltO'1'ECTIV1': C'OV1:1!AH1”; 1'07 /,t1!711)I',1) RIVR1:Rl1iI t;UiiIIVISIOU i'I1,1Il;; i' ). '' Gidil 11:11, ('uU;i'Ii , COkONAUO C'r.innir ii.,)m Cf-,nsl' ur:l ion F: 1klw"1ojnent Co. , the Declarant herein and owner of Ri.vcrhend Subdivision, Garfield County, Colorado, as the same appears upon that plat filed for record on /Vooet-„bfF:2y..lf22 as Reception Go. r%Ci''_�._7l0 in the office of the Clerk and Recorder: of Garfield County, Colorado, does hereby covenant and agree that Lhc use thereof shall be restricted by lire Leans and conditions as herein- after set forth. It further covenants and agrees that said restrictions shall be covc:nanL:a running with the land an'd shall be binding upon itself, its successors and assigns, and shall be mutually binding and enforceable ley all purchasers of lots or property within said Subdivision. The protective covr nhinlr lo run with the land are as follows: A. No lots shall he u:,e.l foc other: than single --Emily residence purpose:.. '1'o this end, no building shall be ci:creed, altered, placed or permittee] to remain on any lot, other than one single-family dwelling. Appurtenant struc- tures such as detached garage, carport, storage structure, guest house or workshop, must approved in writing by the Architectural Control Committee. 2. No building or any part thereof shall be erected on any lot closer to the respective lot lines than as follow;: (a) P'ront lot line 25 feet (b) Rear lot line 25 feet (c) Side lot line ].0 feet or one-half (1/2) the Height_ of the pLi.ncipal building, whichever is greater. Eaves, steps and open porches shall not he considered part of a building in computing set -hacks'. BOOK 5') PlGE9HG 3. 110 building shall exceed 27 feet in vertical height measured from the finished c:lcvaLi.on of the intersection of the center of the fr.oiL street with a .line drawn from the ...:11L, uL c1 l..L pe,l._„�.i1 Cal_ t1. Li. t:,u L'iL .l!.:ie LIR!. 1:311, such total height to include the roof. 4. Easements fou the installation and maintenance of utilities and drainage facilities for the benefit of the public are reserved as shown on the recorded plat as to each and every lot. 5. Other than initially installed by Declarant, no gas lines, light, powerlines, telephone lines or television ca- bles shall be permitted unless said lines are buried under- ground and out of sight from their primary source at the lot line to the unit. Such installation shall be at the lot owner's expense. 6. The floor area of each single-family dwelling, exclusive of open porches and garages, shall not be less than 850 skluare feet of finished living area on the ground floor level. In aJJiLion, no dwe: tiny shall be built or sold which does not have off-street parking space for at least two auto- mobiles. 7. No noxious or offensive activity shall be carried on upon any lot, not shall anything be clone thereon which may be or become an annoyance or nuisance to the neighboring lots. No light `lh.111 be emitted from any lot within the Subdivision which i.:: unreasonably bright or c,hu:;e:: unreasonable glare; no sound shall be emitted on any lot which is unreasonably loud or annoying; and no odor shall be emitted on any lot which is unreasonably noxious or offensive to others. All lots within the Subdivision, .including all improvements on any lot, shall be kept and maintained by the owner thereof: in a clean, safe, attractive and sightly condition and in good repair. -2- • • BIM 539 PI.C:E9S'? 0 Ho structure of a temporary character, e.g. trailer, basement, Lent, shack, garage, or other outbuilding, shall be used on any lot at any time as a residence, either temporar- ily or peimanently. 9. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred OF maintained for any commercial purposes. Such pets must be kept on their owner's property at all Limes. 10. No sign of any kind shall be displayed to the public view of any lot, except one professional sign of not more than 6 sguare feet advertising the property for sale or rent, or used by a builder to advertise the property during the initial construction and sale. 11. No lot shall be used or maintained as a dumping ground for rubbish and no vehicle shall be allowed on any lot which does not have a current license plate recognzied as valid by the Stale of Colorad. and a cuirent safety inspec- tion sticker issued by authority of the State of Colorado. All recreational vehicles, campers, trailers, mobile homes, boats, and eguipment shall be stored out of view, or in a garage or attached storage 1:00111 OF auea. 12. Trash, garbage and other waste shall be kept only in covered sanitary containers. 11. Ho structure shall be placed Or located in any manner that will obstruct, divert or otherwise alter the natural water drainage courses and patterns, and no land- scaping or chanes Lo the existing terrain shall be made which shall obstruct, divert or alter such drainage. 11. No building shall be occupied nor shall any of the lots within the Subdivision be sold or conveyed to any party -3- cuiQx 5:3) NG `3 `s or par. -ties until such limo .as the Board of County Comnri.s- ::loner:: c,l I hi County of („ar l ic:ld tete :satisfied that the public improvements required Lo be furnished and installed by Decl.tront lo A, between Declarant and the Board of County Commissioners of the County of Garfield) have been properly installed. The approval of said Board of County Commissioners shall be evidenced by the written approval. of the Building Official of- Garfield County. Upon the recording of such written approval in the records of the Office of the Clerk and Recorder of Garfield County, the occupant and sale ' occupancy restrictions above se L forth shall become null and void and of no further 'force or effect. 15. Except to the extent necessary for construction purposes, living trees, the trunk of which is two (2) inches or more in diameter.- and which naturally exist upon a lot shall not be rut, trimmed, or :droved from ;such lot except as may be approves] by the Architectura]. Control Committee. 16. The area of irrigated lawn tor each lot shall not. exceed 3500 square feet. The balance of the lot shall be seeded in native grasses not requiring] irrigation (e.cj. Crested Wheat.) Indigenous trees, bushes, and shrubs may also be planted. Vegetable and flower gardens not exceeding 500 square feet in area may be irrigated. 17. Neither external television nor radio antennas shall be allowed, except such antennas as may be approved in writing by the Architectural Control Committee. 18. An Architectural Control Committee, ("the Committee"), is hereby created to function as follows: (a) The Architectural Control Committee shall consist of three members: Wm. James Cunningham, P.O. Box 418, Vail, Colorado, telephone 476-5237, Carolyn Bernhardt, P.O. Box 105], Glenwood Springs, Colorado, telephone 5.15-8601, and Robert Meer, 720 Equitable Building, Denver, Colorado, telephone 534-7178. -4- BOQX 5T..) P. E98'.3 majority of the Committee may designate a' representative to ;wt. for it.. :should a member resign, or become unable to act, the other members shall appoint a successor. Upon the sale and conveyance I,y Irc:cI: r;lnl of all Lots in the •`;ul,d i v i ; i.nn, n ,! i L. ,. i r, wi; of t,ubdivision shill elect the members of the `I Committee . A written designation of members shall be recorded in the records of Garfield County showing approval by a majority of the subdivision lot owners. (b) Before any person may continence the construction, remodeling, addition to, or alteration of any building, wall, fence, or other structure whatsoever, within the Subdivision, there shall be submitted Lo the architectural Control Committee, two complete sets of the plans and specifications for said work. No such structure or improvements of any kind shall be erected, altered, placed or maintained upon arty lot unless and until the final plans, elevation:; and specifications therefore have been approved in writing by Lhe Architectural Control Committee. Such plans and specifications shall be submitted in writing over the signature of the owner of the site or his authorized agent. Approval shall be based, among other things, on quality of proposed construction; adequacy of site planning; conformity and harmony of exterior design with neighboring .structures; effect of location and use of improvements, landscaping, relation of topography, c In:'. rade .,,.!:ic:l _ ' j,1;%it r.:: elevation of the site being improved to that of neighboring ;iter; relation of the improvem.,11L to nearby streets; and conformity of the plans and specifications Lo the purpu:,c, and genet:al plan and intent of. these restrictions. The Committee shall not arbitrarily or unreasonably withhold approval of such plan; and specifications. (c) The architeC`.Lural Control Committee shall approve or disapprove, in writing, said plans and specifications within thirty clays from the receipt thereof. One set of said plans and specifications' with a copy of: the written approval or disapproval shall be retained by the Committee. In the event no action is taken to approve or disapprove such plans and specifications within said thirty day period, the provision requiring approval of said plans and specifications shall be deemed to have been waived. (d) '1'hc Committee may grant variance's from the strict application of these protective covenants, subject to the following conditions: 1. n detailed written application for variance shall be submitted to the Committee supported by plat or drawings and with a processing fee of 25.00, plus any costs or fees the Committee may incur in having the request evaluated or reviewed. -5- (e) "UK 589 P/,GE 99Q 2. Proof accepldhle to the Committee of iiL least (10) day:: .ulv;ince written notice to all Subdivision property owners within 200 feet from the exterior: boundaries of the site. code and other ordinances of the County of Garfield, or an appropriate variance shall have been approved by the County of Garfield. 4. An affirmative finding by the Committee that the variance wi11 not create substantial adverse effects on other_ Subdivision lot owners, and is conformity with the quality, objectives and general standards of the Subdivision. Neither. the Declarant, the Committee members, nor their successor:; or assigns shall be liable to anyone submitting plans Lo them for approval, or to any owner of any land affected by this Declaration, by reason of mistake in judgment, negligence,. or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any such plans. Every person who submits plans for approval agrees, by submission of such plans, and every owner of any land in the Subdivision agrees, by acquiring title thereto, that he will not bring any action or suit against Declarant to recover such damages,. 19. No elevated tanks of any kind shall be permitted on any i.ot for storage of gas, fuel, water, oil or other Substances. Any storage tanks shall he buried below ground level. 20. During the course of construction of any permitted structures, roads, or other i.mproveniepe., the provisions contained in these Covenants shall be deemed waived to the extent necessary to permit such construction, provided that, curing Lhe course of such construction, nothing shall be done which will result in a violation of any provision upon completion o1 construction. 21. These protective•covenants shall run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, provided that such protective covenants shall be automatically extended for successive periods of ten (10) years unless on or before the B(OX 5:1;,) end of any such successive period c)r or:iginal. period the owners of a majority of the lots in the subdivision shall by written instrument duly recorded declare a termination of same. 22. These covenants may be amended at any time by an affirmative vote of owners of: taro -thirds (2/3) of the Subdivision lots. Such election shall be held by secret ballot following at .least 30 days written notice by certified Lo al] loL owners. Such amendment shall be r:.corded in Garfield County Clerk and Recorder's office. 23. Notwithstanding anything to the contrary contained herein, after the expiration of one year from the date ,of issuance of a building permit for any improvement by a gover:nment.l authority having such jurisdiction, said improvement shall be deemed to be in compliance with all provisions (>f these covenants, unlenn actual notice of such noncompliance, executed by the Declarant or its successors and assigns, shall appear: of record i the office of the Clerk and. Recorder of Garfield County, Colorado, or unless legal proceedings shall have been initiated to enforce compliance. 24. Enforcement of these protective covenants by pro- ceedings at law or in equity by any owner or owners, or association thereof, of the land hereby restricted and may be enforced against any person or persons violating or attempt- ing to violate any provision, either Lo restrain violation or to recover damages,. If suit in brought for the enforcement of these covenants, then the prevailing party shall be entitled to recover the costs of: suit including a reasonable attorney's fee. For the purposes of this section, the Declarant, or it successors shall be deemed an owner so long as any lots in the Subdivision remain unsold. -7- bunx 539 rr.cE 992 25. Invniida5ion of any one of these covenants by • judgment or court order shall in no way affec5 any of the other pr.ovisions which shnl1 remain in tu.11. force and 26. 'These covenants are subject Co applicable laws and to ordinances of the County of Garfield, and violation of said laws or ordinances are violations of these covenants , — — subject to cnforcumenh(!reincthovc• ; rOvided. Dated and signed this ;-Il, day of \i- 1979. • ,SCI] f: V'rj o "t: • I 's. CO l p C.XT:1�[iST• 1 49 AssisLant Scoret.try (CORPORATE SEAL) STATE OF COLORADO ) ) ss. COUNTY OP GARFIELD ) CUNNINGHAM CONSTRUCTION & DEVELOPMENT CO. �/ By:/ 1 t4,1 /.J 1ILcr C:y�'ningha)n, P dent,, • :c'.. ".:. The foregoing instrument was acknowledged before me this ZlrK. day of rJ 1979, by WN. JAMES 5SON INGl1AM, President, a nd ROBERT !1:1:;12, as Assistant re Lary of Cunningham Construction & Development Co., a 'U B\\CL)lcirado corpora tion . My commission expires , 0 I It 10 n r c.<' Witness my hand and official seal. Notary Pohl i.c • LOT 2 BLOCK 3 AMENDED RIVERBEND SUBDIVISION, FILING NO. 2 ACCORDING TO THE PLAT, RECORDED AS RECEPTION NO. 299710. COUNTY OF GARFIELD STATE OF COLORADO 00 AFTER RECORDING MAIL TO: BANKER'S MORTGAGE CORPORATION AND/OR ASSIGNS P. 0. BOX 2096 BRECKENRIDGE, CO 80424 LOAN NO. leintz [Space Above This Line For Recording Data] DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on J u l y 1 6 , 1 9 9 8 , among the grantor, KIRK LEINTZ and MELISSA J. LEINTZ ("Borrower"), the Public Trustee of WPPPc GARFIELD County ("Trustee"), and the beneficiary, BANKER'S MORTGAGE CORPORATION AND/OR ASSIGNS which is organized and existing under the laws of COLORADO , and whose address is P. 0. BOX 2096, BRECKENRIDGE, CO 80424 ("Lender"). Borrower owes Lender the principal sum of One Hundred Forty Four Thousand Dollars and no/100 Dollars (U.S. $ 1 4 4, 000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 1, 2 0 2 8 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in GARFIELD County, Colorado: which has the address of Colorado 8 1 6 4 7 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 263 RIVERBEND DRIVE [Street] ("Property Address"); NEW CASTLE [City] COLORADO -SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 1/91 ISC/CMDTCO//1291 /3006(1-91)-L PAGE 1 OF 6 LOAN NO. leintz THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. §2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and COLORADO --SINGLE FAMILY--FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 1/91 ISC/CMDTCO//1291/3006(1-91)-L PAGE 2 OF 6 LOAN NO. leintz for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by COLORADO --SINGLE FAMILY--FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 1/91 ISC/CMDTCO//1291/3006(1-91)-L PAGE 3 OF 6 LOAN NO.1e1ntz an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. COLORADO --SINGLE FAMILY--FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 1/91 ISC/CMDTCO//1291/3006(1-91)-L PAGE 4 OF 6 LOAN NO.1e1ntz 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not Tess than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. COLORADO --SINGLE FAMILY--FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 1/91 ISC/CMDTCO//1291/3006(1-91)-L PAGE 5 OF 6 C N Cl) _ a) s3 0 >, Ov0 >s L o > Ola Nof NiN N -0N Caste' i R d� cam d CO C p C-0 (o a) a)� ° C� > O""t L. i V Na O4O i- U OL „= c� .o E a) ` N • �:c� 3t aW a d d Com' (n o N O n� a) C . 3 'o O _ �a -a N '3 ° 00 _E. 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E H O U > G FORM 3006 1/91 CD LL O • W w 0 O a ccf- N z cc 0 LL 0 U J 2 LL Q Zur J O) Q 0 J ,- (.7 Z N 0 Q o O 0 u) Account Page 1 of 1 Account: R017038 Location Owner Name BLACKFORD, PAUL MICHAEL Parcel Number 2123-344-05-003 Tax Area 017 - 2D -SF - 017 Situs Address 000370 GLENEAGLE CIR Sibling Account No Legal Summary Section: 34 Township: 5 Range: 90 Subdivision; RIVERBEND SUB. 2ND. Block: 3 Lot: 3 Transfers Sale Price Tax liistory Tax Year Taxes 2009 $1,233.60 2008 $906.88 Owner Information Owner Name BLACKFORD, PAUL MICHAEL Owner Address 370 GLEN EAGLE CIR NEW CASTLE, CO 81647-9412 Sale Date 05/14/2008 05/14/2008 05/14/2008 06/19/1998 Images • Sketch • GIS Doc Type NOT NOT NOT Deeds Assessment History Actual (2009) Primary Taxable Tax Area: 017 Type Actual Improvement $246,390 $19,610 Land $150,000 $11,940 $396,390 $3L550 Mill Levy: 39.1000 Assessed SQFT Units 1.000 35719.000 Book Page 11: 1073 P: 0792 u https://act.garfield-county.com/assessor/taxweb/account. j sp?accountNum=R01703 8 3rd. it3 4/21/2010 Property Address 000220 Street Direction N/A Street RIVERBEND Street Suffix DR Vicinity NEW CASTLE Business Name N/A Subdivision Name RIVERBEND SUB. 2ND. Block 2 Lot 3 Condo Name N/A Condo Unit N/A Dwelling Units 1 Acres 0 Land Sq Ft 26572 Owner Owner GAITHER, MARTIN N. & LYNETTE G. Care of 1 GAITHER, MARTIN N. & LYNETTE G. Care of 2 N/A Owner Address 220 RIVERBEND DRIVE Owner City NEW CASTLE Owner State CO Owner ZIP 81647 Assessor Parcel Number 212334404003 Tax District 017 Tax Exempt Entity PRIVATE OWNERSHIP City or County Unincorporated Garfield County Zoning Description Planned Unit Development Land Use 1 SINGLE FAM.RES.-LAND Land Use 2 SINGLE FAM.RES-IMPROVEMTS Land Use 3 N/A Land Use 4 N/A Land Use 5 N/A Reception No 751600 Book N/A Page N/A Legal Description SECT,TWN,RNG:34-5-90 SUB:RIVERBEND SUB. 2ND. BLK:2 LOT:3 RECPT:751600 BK:1922 PG:0875 RECPT:722646 BK:1871 PG:0899 RECPT:712734 BK:1851 PG:0440 RECPT:708594 BK:0818 PG:0344 BK:0783 PG:0503 BK:0777 PG:0741 BK:0772 PG:0732 BK:0772 PG:0729 Section 34 Township 5 Range 90 Property Address 009681 Street Direction N/A Street 335 COUNTY Street Suffix RD Vicinity NEW CASTLE Business Name N/A Subdivision Name CEDAR RIDGE SUBDIVISION Block N/A Lot 2 Condo Name N/A Condo Unit N/A Dwelling Units 1 Acres 5 Land Sq Ft N/A Owner Owner ALEXANDER, J MARK & SUSAN M Care of 1 ALEXANDER, J MARK & SUSAN M Care of 2 N/A Owner Address 9681 COUNTY ROAD 335 Owner City NEW CASTLE Owner State CO Owner ZIP 81647-9655 Assessor Parcel Number 212334407002 Tax District 017 Tax Exempt Entity PRIVATE OWNERSHIP City or County Unincorporated Garfield County Zoning Description Planned Unit Development Land Use 1 SINGLE FAM.RES.-LAND Land Use 2 SINGLE FAM.RES-IMPROVEMTS Land Use 3 N/A Land Use 4 N/A Land Use 5 N/A Reception No 655092 Book 1601 Page 63 Legal Description SECT,TWN,RNG:34-5-90 SUB:CEDAR RIDGE SUBDIVISION LOT:2 PRE:R017056 BK:0883 PG:0132 BK:0459 PG:0535 BK:0453 PG:0036 BK:1601 PG:63 RECPT:655092 BK:1585 PG:364 RECPT:651638 BK:1204 PG:970 RECPT:568673 BK:1177 PG:108-112 RECPT:560584 BK:0987 PG:0102 BK:0949 PG:0828 BK:0863 PG:0424 BK:0755 PG:0270 BK:0751 PG:0155 BK:0751 PG:0154 BK:0750 PG:0296 Section 34 Township 5 Range 90 Feb. 18. 2010 1:47PM Account: R170347 Liggeit2Li Owner Name SACRED MOUNTAIN TRUST Parcel Number 2123-344-07-003 Tax Area 017 - 2D -S1 - 017 Shue Address Sibling Account No Legal Summary Section: 34 'Township: 5 Range: 90 Subdivision: CEDAR RIDGE SUBDIVISION Lot: 3 AMENDED Tranaferr Sale Price 5125.000 $89.80Q $4.00Q Tax History Tax Year Taxes *2010 2009 * Estimated Sole Date 12/14/2004 a, Z/10/2004 /03/ 19(.$) 10/14/1999 5606.84 5606.84 Owner Information Owner Name SACRED MOUNTAIN TRUST Owner Address 550 REDCLIPP CIRCLE UNIT 202 RIDGEWAY, CO 81432 hasps Doc Type SA WD WI) I)ccds No. 2429 "P. 2 t" Assesstaentiliatori Actual (2009) 5195,000 Primary Taxable 515,520 Tax Area: 017 Mill Levy: 39.1000 Type Actual Asserted Acres Land 5195,000 515,520 4.026 Book Page D: 1648. P: 907 13: 1648 P, 906 B: 1)63 P: 44Q B: 1155 p: 355-356 haps://atct.garfield-county.com/assessor/taxweb/account.] sp7accountNum=Rl 70347 r 1 1n n111n f . An_111__ 2/8/2010 Property Address 000291 Street Direction N/A Street RIVER BEND Street Suffix DR Vicinity NEW CASTLE Business Name N/A Subdivision Name RIVERBEND SUB. 2ND. Block 3 Lot 1 Condo Name N/A Condo Unit N/A Dwelling Units 1 Acres 0 Land Sq Ft 39857 Owner Owner VAN ROEKEL, DAVID J. & CATHLEEN C. Care of 1 VAN ROEKEL, DAVID J. & CATHLEEN C. Care of 2 N/A Owner Address 291 RIVER BEND DR Owner City NEW CASTLE Owner State CO Owner ZIP 81647-9777 Assessor Parcel Number 212334405001 Tax District 017 Tax Exempt Entity PRIVATE OWNERSHIP City or County Unincorporated Garfield County Zoning Description Planned Unit Development Land Use 1 SINGLE FAM.RES.-LAND Land Use 2 SINGLE FAM.RES-IMPROVEMTS Land Use 3 N/A Land Use 4 N/A Land Use 5 N/A Reception No 553681 Book 1155 Page 355-356 Legal Description SECT,TWN,RNG:34-5-90 SUB:RIVERBEND SUB. 2ND. BLK:3 LOT:1 DESC: AMENDED BK:0554 PG:0313 BK:1155 PG:355-356 RECPT:553681 BK:0948 PG:0927 BK:0813 PG:0267 BK:0792 PG:0924 BK:0772 PG:0732 BK:0772 PG:0729 Section 34 Township 5 Range 90 Property Address 000370 Street Direction N/A Street GLENEAGLE Street Suffix CIR Vicinity NEW CASTLE Business Name N/A Subdivision Name RIVERBEND SUB. 2ND. Block 3 Lot 3 Condo Name N/A Condo Unit N/A Dwelling Units 1 Acres 0 Land Sq Ft 35719 Owner Owner BLACKFORD, PAUL MICHAEL Care of 1 BLACKFORD, PAUL MICHAEL Care of 2 N/A Owner Address 370 GLEN EAGLE CIR Owner City NEW CASTLE Owner State CO Owner ZIP 81647-9412 Assessor Parcel Number 212334405003 Tax District 017 Tax Exempt Entity PRIVATE OWNERSHIP City or County Unincorporated Garfield County Zoning Description Planned Unit Development Land Use 1 SINGLE FAM.RES.-LAND Land Use 2 SINGLE FAM.RES-IMPROVEMTS Land Use 3 N/A Land Use 4 N/A Land Use 5 N/A Reception No 754274 Book N/A Page N/A Legal Description SECT,TWN,RNG:34-5-90 SUB:RIVERBEND SUB. 2ND. BLK:3 LOT:3 BK:0554 PG:0313 RECPT:754274 RECPT:748961 BK:1073 PG:0792 BK:0933 PG:0205 BK:0813 PG:0267 BK:0792 PG:0924 BK:0772 PG:0732 BK:0772 PG:0729 Section 34 Township 5 Range 90 (/ _ Property Address N/A Street Direction N/A Street N/A Street Suffix N/A Vicinity NEW CASTLE Business Name N/A Subdivision Name N/A Block N/A Lot N/A Condo Name N/A Condo Unit N/A Dwelling Units 0 Acres 237 Land Sq Ft N/A Owner Owner NCIG FINANCIAL, INC. Care of 1 NCIG FINANCIAL, INC. Care of 2 ATTN:MR. RUSHTON O. BACKER Owner Address PO BOX 5460 Owner City PLAYA DEL REY Owner State CA Owner ZIP 90296 Assessor Parcel Number 212335300081 Tax District 017 Tax Exempt Entity PRIVATE OWNERSHIP City or County Unincorporated Garfield County Zoning Description Planned Unit Development Land Use 1 IRRIGATED LAND-AGRICLTRL. Land Use 2 WASTE LAND Land Use 3 OTHER BLDGS: AGRICULTURAL Land Use 4 N/A Land Use 5 N/A Reception No 569558 Book 1208 Page 96 Legal Description SECT,TWN,RNG:35-5-90 DESC: W1/2SW ALL THAT LAND LYING S OF THE C/L OF THE CO. DESC: RIV IN THE SWNW(5.80A), NESW(28.53A) & THE N1/2SE DESC: (51.37AC). SEC.34 ALL THAT PT OF S1/2S1/2NE LYING DESC: DESC IN 549/172, ELY OF RIVERBEND SUB -DIV &NELY OF DESC: OF A TR DESC IN 576/534 (80.24AC) EXCEPT (5.85AC) DESC: INCLUDED IN RIVERBEND 6-90 ALL THAT PT OF LOT 4 DESC: LYING ELY OF ATR DESC IN 576/534(7.27AC). DESC: OF C/L OF COLO RIV & ALL THE SE LYING EASTERLY OF A TR BK:0576 PG:0534 BK:0453 PG:0036 BK:1208 PG:96 RECPT:569558 BK:1173 PG:180-185 RECPT:559397 BK:0863 PG:0427 BK:0814 PG:0737 BK:0802 PG:0579 BK:0772 PG:0137 BK:0759 PG:0820 BK:0714 PG:0015 BK:0626 PG:0563 Section N/A Township N/A Range N/A (/ _ Property Address N/A Street Direction N/A Street N/A Street Suffix N/A Vicinity N/A Business Name N/A Subdivision Name N/A Block N/A Lot N/A Condo Name N/A Condo Unit N/A Dwelling Units N/A Acres N/A Land Sq Ft N/A Owner Owner N/A Care of 1 N/A Care of 2 N/A Owner Address N/A Owner City N/A Owner State N/A Owner ZIP N/A Assessor Parcel Number 99999999999 Tax District N/A Tax Exempt Entity ROW STREET City or County Unincorporated Garfield County Zoning Description Planned Unit Development Land Use 1 N/A Land Use 2 N/A Land Use 3 N/A Land Use 4 N/A Land Use 5 N/A Reception No N/A Book N/A Page N/A Legal Description N/A Section N/A Township N/A Range N/A ALTA OWNER'S POLICY - 10-17-92 �(a) POLICY OF TITLE INSURANCE STEWART SUBJECT TO THE EXCLUSIONS IN SCHEDULE B AND THE Texas corporation, herein called not exceeding the Amount of 1. Title to the estate or interest 2. Any defect in or lien or 3. Unmarketability of the 4. Lack of a right of access The Company will also pay to the extent provided in the IN WITNESS WHEREOF, duly authorized officers as of MVP,�+r�, ISSUED BY TITLE GUARANTY COMPANY FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage Insurance stated in Schedule A, sustained or incurred by the insured by reason of: , described in Schedule A being vested other than as stated therein; encumbrance on the title; title; to and from the land. the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only Conditions and Stipulations. Stewart Title Guaranty Company has caused this policy to be signed and sealed by its the Date of Policy shown in Schedule A. STEWART TITLE GUARANTY COMPANY �, �• %.1 * li/ , / Z // dl Chairman of the Boa . 3rd.—*--,�l0AP:?- ". 1908;;0^ Countersigned: k••, SFXAi 010 President Company will not pay loss or damage, costs, and zoning laws, ordinances, or regulations) land; (ii) the character, dimensions or location change in the dimensions or area of the land or of any violation of these laws, ordinances or notice of a defect, lien or encumbrance resulting at Date of Policy. a notice of the exercise thereof or a notice of a has been recorded in the public records at Date the public records at Date of Policy, but not binding on the rights of a purchaser for value to the insured claimant and not disclosed in an insured under this policy; had paid value for the estate or interest insured by this policy, by reason of the operation conveyance or fraudulent transfer; or transfer except where the preferential recordation to impart notice to a purchaser for Authorized Co ntersig STEWART TITLE OF GL •`• ���:OD SPRINGS, INC. Agent ID #06051A EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a any parcel of which the land is or was a part; or (iv) environmental protection, or the effect governmental reguiations, except to the extent that a notice of the enforcement thereof or a from a violation or alleged violation affecting the land has been recorded in the public records (b) Any governmental police power not excluded by (a) above, except to the extent that defect, lien or encumbrance resulting from a violation or alleged violation affecting the land of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in excluding from coverage any taking which has occurred prior to Date of Policy which would be without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known writing to the Company by the insured claimant prior to the date the insured claimant became (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in Loss or damage which would not have been sustained if the insured claimant by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured of federal bankruptcy, state insolvency, or similar creditors' rights laws; that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such value or a 'ud • ment or lien creditor. Serial No. 0-9701-4963 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take,any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to fmal determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. ALTA OWNER'S POLICY SCHEDULE A Order Number: 95024767 Date of Policy: January 10, 1996 at 3:02 P.M. Amount of Insurance: $ 153, 000.00 1. Name of Insured: KIRK LEINTZ AND MELISSA J. OUELLETTE Policy No.: 0-9701-4963 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: KIRK LEINTZ AND MELISSA J. OUELLETTE 4. The land referred to in this policy is described as follows: LOT 2 BLOCK 3 AMENDED RIVERBEND SUBDIVISION, FILING NO. 2 ACCORDING TO THE PLAT, RECORDED AS RECEPTION NO. 299710. COUNTY OF GARFIELD STATE OF COLORADO ALTA OWNER'S POLICY SCHEDULE B Order Number: 95024767 Policy No.: 0-9701-4963 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. S. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 1996, a lien not yet due and payable. 7. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 20, 1892 in Book 12 at Page 156 as Reception No. 13992. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded April 5, 1923 in Book 73 at Page 154 as Reception No. 82344. (SE¥SE¥ Section 34) 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 20, 1892 in Book 12 at Page 155 as Reception No. 13991. (NE¥SE¥ Section 34 and W§SW¥ Section 35) 11. Easement and right of way for electric transmission lines, as granted to the Public Service Company of Colorado by C. W. Darrow and C. C. Parks in the instrument recorded, February 13, 1967 in Book 382 at Page 170 as Reception No. 237076, affecting the S§ Section 34. 12. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 5, 1923 in Book 73 at Page 154 as Reception No. 82344. (SEVSEY Section 34) Continued on next page Continuation of Schedule B - ALTA Owner's Policy Policy Number: 0-9701-4963 13. Reservation in Patent recorded April 5, 1923 in Book 73 at Page 154 as Reception No. 82344, stated as follows: "Reserving, however, to the United States all coal in the lands so entered, and to it or persons authorized by it, the right to prospect for, mine and remove coal from the same upon compliance with the conditions of and subject to the limitations of the Act of March 3, 1909 (35 Stat. 844). (SE¥SE¥ Section 34) 14. Easement and right of way for cattle drive, as granted to Frank Delaney by Daryl G. Richardson and Winifred Richardson in the instrument recorded February 24, 1966 in Book 374 at Page 269 as Reception No. 233606. 15. Easement and right of way for electrical transmission line, as granted to The Public Service Company of Colorado by Daryl G. Richardson and Winifred C. Richardson, in the instrument recorded August 18, 1972 in Book 434 at Page 342 as Reception No. 254937, affecting property in the SE¥ of Section 34 and SWY of Section 35. 16. Terms, conditions, obligations and restrictions as contained in Protective Covenants recorded November 26, 1979 in Book 539 at Page 985 as Reception No. 299714. 17. Restriction and Easements as shown on the Record Plat of Amended Riverbend Subdivision Filing No. 2, recorded November 26, 1979 as Reception No. 299710. 18. Restrictions as contained in instrument recorded October 20, 1977 in Book 501 at Page 858 as Reception No. 281327. 19. Terms and conditions of Utility Easement, recorded April 27, 1990 in Book 777 at Page 822 as Reception No. 412038, as granted to Public Service Company of Colorado and The Mountain States Telephone and Telegraph Company, the easement is described as follows: A ten (10) foot easement adjacent to the front lot lines of Lots 3 through 8, Block 2 and the front lot lines of all of Block 3 of the amended Riverbend Subdivision, Filing #2. Said easement parallels and is immediately adjacent to Riverbend Drive, Gleneagle Circle and Storm King Road. 20. Terms, conditions and effects of the stipulation Case No. 81CV239, Riverbend Homeowners Association (Plaintiff) and Cunningham Construction and Development Co. (Defendents) recorded January 12, 1990 in Book 771 at Page 46 as Reception No. 409097. 21. Lack of Ownership of Property from the lot to the fenceline along the Westerly boundary of subject property, as evidenced by Improvement Location Certificate by Richard L. Holsan, dated December 26, 1995 as Project No. 95200. 22. Deed of Trust from Kirk Leintz and Melissa J. Ouellette to the Public Trustee of Garfield County, for the use of America's Wholesale Lender to secure Continued on next page Continuation of Schedule B - ALTA Owner's Policy Policy Number: 0-9701-4963 $145,350.00, dated January 5, 1996, recorded January 10, 1996, in Book 963 at Page 750 as Reception No. 487492. CONDITIONS AND STIPULATIONS Continued `ROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encum- brance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the Loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy ach separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. (continued and concluded on last page of this policy) (ALTA Owner's Policy) 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any Loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for Loss or damage uh. there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to , only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all of provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029. 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( J/ (( ---'7,r--7-----,--//0:'/)C r , 1' ; ,A f/1 ,-7665 /age , /1 6y , Oun ain !'' ��\ _�A 1 \` r 18 —t =L_ it — GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www. garfield-co unto. com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2123-344-05-002 APPLICANTS PLANNER: Tom Velijic PROJECT: Leintz Setback Variance OWNER: Kirk Leintz - 970/309-3200 - alpinecoustructioninc@yahoo.com REPRESENTATIVE: NA PRACTICAL LOCATION: 0263 Riverbend Drive, New Castle, CO 81647 TYPE OF APPLICATION: Variance request for garage within 25 ft. setback DATE: February 11, 2010 I. GENERAL PROJECT DESCRIPTION The property owner began construction of a garage addition in 1998 and the permit lapsed with the garage not completed. The owner attempted to restart the building permit for the garage recently and the building inspector discovered discrepancy in the old permit. The addition appears to be 24 feet 4 inches (approximately) and 8 inches within the setback area. Also, the roof overhang exceeds the zoning code permitted 18 inch encroachment into the setback by extending 24 inches into the front yard setback. The property is located within the Riverbend development, 2nd Addition which is a PUD. There are specific building setbacks assigned to the PUD development. Discussion with the owner included site specific constraints that may have affected placement of the garage addition. II. PROCESS In summary, the process will be the following; 1. Pre -application Meeting (held 2/11/2010) 2. Submittal of complete Variance Application 3. Review by staff for Technically Complete (TC) Status 4. Notice of TC to applicant with schedule; Applicant submits copies for referral to reviewing agencies 5. Applicant prepares public notice for posting, mailing, and posting of site 6. Hearing scheduled for Board of Adjustment and referral copies sent to referring agencies and departments 7. Staff report preparation 8. Public hearing before Board of Adjustment and decision by the Board III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS: • Garfield County Comprehensive Plan of 2000, as amended • Garfield County Unified Land Use Resolution of 2008, as amended o Article III, Zoning ■ PUD o Article IV, Application and Review Procedures • Section 4-103, Common Review Procedures • 4-103 (F), Notice of Public Hearing • Section 4-301, Review Process for Request for Variances • Section 4-501(1), Variances (Application Materials) • Section 4-502, Description of Submittal Requirements a Article VII, Standards ■ Divisions 7-1, General Approval Standards • Division 7-2, General Resource Protection Standards a Article XVI, Definitions IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review Referral Agencies: b. Public Hearing: Town of New Castle Garfield County Road and Bridge Fire Department Planning Commission Board of County Commissioners X Board of Adjustment V. APPLICATION REVIEW FEES Planning Review Fees: $ 250.00 Referral Agency Fees: $ Total Deposit: $ (additional hours are billed at an hourly rate ) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: -62 Thomas Veljic, AICP // Date Senior Planner Attachments: No attachments A digital version of the Variance Application is available on-line at; http://www.garfield- county.com/Index.aspx?page=1113 Please refer to the sections of the Unified Land Use Resolution of 2008 noted above which is located at; http://www.garfield-county.com/Index.aspx?page-578 (D. Melissa & Kirk Leintz 263 Riverbend Drive New Castle, CO 81647 April 26, 2010 Molly Orkild-Larson, AICP, RLA Senior Planner 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: VARA -02-10-6322 - Variance Dear Garfield County Building & Planning Department: Thank you for reviewing our application for a variance. This submission is to try to complete the application in regards to the four incomplete areas referenced in your letter. 1. The request for a topographical area map of the property to show any constrains that may exist: Two maps are provided, a topo map with boundary lines and a topo map with elevation numbers. 2. Elevation drawings showing the existing grade, finished grade and height of the proposed structure above existing grade: Please see enclosed photographs showing the property when we purchased it for the existing grade and the present time photo showing the finished grade. The drawings provided shows the height of the structure above existing grade. 3. Map of property owners within 200 feet of the subject parcel: I have labeled the map with parcel numbers to clarify the referenced owners. I have included the missing parcel owners to complete all property with in 200 feet. In regards to the mislabeled property, what I submitted is correct. The property I labeled 212334407003 belongs to David Malin the owner being Sacred Mountain Trust. On the assessors site, the property is labeled 212334405003 as Paul Michael Blackford. This property is duplicated inaccurately on the assessors site. Please see enclosed platt. Mike Blackford owns the property on the other side of the road at 370 Gleneagle circle. The assessors site shows this exact parcel number owner and address in both places on their site. Please see the e-mail and attachments from Cheryl Heiberger from Sherman & Howard LLC to prove that what I submitted for Lot 3 Cedar Ridge is correct. 4. Narrative for Article VII Divisions 1 & 2: DIVISION 1 Section 7-101 Compliance with Zone District use Restrictions: The structure is in compliance with the Zone District Use Regulations. We did not change the zoning use. It is still a single family residential and the structure did not add any living space. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements: The land use was not changed. It remains residential as it was originally zoned. Section 7-103 Compatibility: The land used has not changed, the structure is compatible with adjacent land uses and does not alter how the land is used. Section 7-104 Sufficient Legal and Physical Source of Water: The water supply is existing. The structure built does not require any additional water usage. There isn't any plumbing in the garage. Section 7-105 Adequate Water Supply: The water supply is existing Section 7-106 Adequate Central Water Distribution and Wastewater Systems: The water distribution and the wastewater system is existing Section 7-107 Adequate Public Utilities: The public utilities is existing Section 7-108 Access and Roadways: The roads are existing Section 7-109 No Significant Risk from Natural Hazards: The property is not subject to significant risk due to natural hazards DIVISION 2 Section 7-201 Protection of Agricultural Lands: There is no adverse affect to Agricultural operations. We do not own domestic animals that would interfere with livestock. No fences have been constructed by us. The roads are preexisting. We do not have any irrigation ditch. Section 7-202 Protection of Wildlife Habitat Areas: No wildlife habitat was disturbed. Section 7-203 Protection of Wetlands and Water bodies: We are not located in a wetland or water body location. Section 7-204 Protection of Water Quality from Pollutants: There were no hazardous materials stored or used for the construction of the structure. There are no water bodies within 100 feet of the structure. Section 7-205 Erosion and Sedimentation: We did not disturb more than '/2 acre of land to build the garage. Section 7-206 Drainage: All drainage is away from the building Section 7-207 Storm water Run -Off: We are not within 100 feet of a water body Section 7-208 Air Quality: We have not changed or altered the air quality Section 7-209 Areas Subject of Wildfire Hazards: The development is not located within a severe wildfire area. The structure does not increase the potential of a wildfire, we do not have a wood burning stove and the roof is made of metal. The property around the structure is mowed to reduce fuel to a wildfire. The safety area in Residential development i / Cul-de-sac / Hammerhead / and Road grade are all not applicable to this situation of building a garage addition. Section 7-210 Areas Subject to natural Hazards and Geologic hazards: the structure did not impose any hazardous site conditions it is not subject to natural hazards and geologic hazards. It is not located in a red zone hazard area. It is not in a blue zone hazard area. The utilities are existing. It is not located in an avalanche area. There is no hazard of a landslide. The structure is attached to a preexisting house and garage. It is not in an alluvial fan hazard area. It is not build on a 20% slope area. The tests for corrosive or expansive soil was done when the house was originally built. All drainage is away from the structure and runoff is converted to any natural drainage areas. The structure is not in a mudflow area. And nor is it built on a fault. Section 7-211 Areas with Archeological, Paleontological or Historical Importance: There is not archeological, Paleontological or historical importance to where the structure was built. Section 7-212 Reclamation: We have reclaimed the soil with the same natural grasses, added trees, rock retaining wall and if you look hard you may find a flower or two. Thank you for your time in this matter. Sincerely Kirk & Melissa Leintz ENC: NQ • PUBLIC NOTICE TAKE NOTICE that Kirk and Melissa Leintz have applied to the Board of Adjustments, Garfield County, State of Colorado, to request aVariance for a garage within the 25' front setback as required by 3-503 of the Garfield County Unified Land Use Code of 2008, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Lot of 2 Block 3 Riverbend Filing #2 Practical Description: 263 Riverbend Drive, New Castle, CO. Request Description: Request a variance to allow a garage addition and roof eave to encroach into the 25' front setback by 8" and 10", respectively. All persons affected by the proposed Variances are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, as the Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the variances. This application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for Monday, July 26th, 2010, at 6:30 P.M., in the County Commissioners Chambers, Garfield County Plaza Building, Suite 100, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County - - Of MANIC FIN Se - 0 0 C)c)o U N4 HAMM !4� 1 hini