HomeMy WebLinkAboutDeclaration of Protective Covenants for Highline Ranch Subdivision1111 I'riPavvimuitimithriwie wthiLl l ilik 11111
Reception #: 843341
11119!2013 09:34:07 AM Jean Alberico
1 of 6 Rec Fee:$36.0O Doc Fee -0,00 GARFIELD COUNTY CO
DECLARATION OF PROTECTIVE COVENANTS FOR HIGHLINE
RANCH SUBDIVISION
THIS DECLARATION OF PROTECTIVE COVENANTS FOR HIGHLINE RANCH
SUBDIVISION ( "Declaration ") is made and granted this lg day of r, 2013,
by Ryan A. May ( "Declarant ").
RECITALS
Whereas, Declarant is the owner of Lot 6A, Grass Mesa Subdivision in located in
Garfield County, Colorado, which has been subdivided into the Highline Ranch Subdivision
according to the Final Plat thereof recorded in the Garfield County records on
MLR M> Z I , 2013, as Reception No. eq 3 Z r) ( "Highline Ranch "); and
Whereas, Highline Ranch is composed of three parcels of real property described as Lots
1, 2, and 3, Highline Ranch Subdivision; and
Whereas, Highline Ranch is subject to that certain Declaration of Covenants for Grass
Mesa Ranch, recorded June 7, 1983 in Book 628 at Page 503, First Amendment to Declaration of
Easements, Restrictions and Covenants for Grass Mesa Ranch recorded December 2, 1994 in
Book 924 at Page 292, Amendment to Declaration of Easements, Covenants and Restrictions for
Grass Mesa Ranch recorded September 1, 1995 in Book 951 at Page 883, Amendment to
Declaration of Easements, Restrictions and Covenants for Grass Mesa Ranch recorded
November 7, 1995 in Book 958 at Page 68 and Amendment to Declaration of Easements,
Covenants and Restrictions for Grass Mesa Ranch recorded February 26, 1996 in Book 968 at
Page 182 (collectively the "Grass Mesa Covenants "); and
Whereas, Article IV, Paragraph 15 of the Grass Mesa Covenants, recorded June 7, 1983
as Reception No. 342693 permitted the subdivision Lot 6A, Grass Mesa Subdivision; and
Whereas, there is an existing Well, known as the Colorado Division of Water Resources,
State Engineer's Office Permit Number 68458 -F located in the SE 1/4 of the SE1 /4 of Section
21, Township 6 South, Range 93 West of the Sixth P.M., (hereinafter the "Lot 1 Well ") and other
appurtenant well structures, which is located Lot 1, Highline Ranch Subdivision. The Lot 1 Well
is permitted to provide a domestic water supply for one single family dwelling, fire protection,
the watering of two head of livestock, and irrigation of not more than 12,000 square feet (0.28
acres) of home lawns and gardens on Lot 1, Highline Ranch Subdivision; and
Whereas, the depletions from the Lot 1 Well are replaced pursuant to those certain West
Divide Water Conservancy District Water Allotment Contract Nos. #090716RM #1(a); and
Whereas, there is another existing Well, known as the Colorado Division of Water
Resources, State Engineer's Office Permit Number 68457 -F located in the SE 1/4 of the SE1 /4 of
Section 21, Township 6 South, Range 93 West of the Sixth P.M., (hereinafter the "Lot 3 Well ")
and other appurtenant well structures, which is located on Lot 3, Highline Ranch Subdivision.
Lot 3 Well is permitted to provide a domestic water supply for two single family dwellings, fire
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protection, the watering of four head of livestock, and irrigation of not more than 24,000 square
feet (0.56 acres) of home lawns and gardens, which irrigation is to be proportioned evenly
Lots 2 and 3, Highline Ranch, Subdivision; and
Whereas, the depletions from the Lot 3 Well arc replaced pursuant to those certain West
Divide Water Conservancy District Water Allotment Contract Nos. #080828RM #2(a) and
#080828RM #3(a); and
Whereas, Declarant desires to set forth in writing the ownership of the Lot 3 Well and
Lot 1 Well (together the "Wells ") and related improvements, the use and maintenance of the
Wells, and the rights and obligations of the parties concerning the Wells and the use of water
therefrom; and
Whereas, the Final Plat depicts an "Offsite Drainage Flowline" (the "Drainage
Easement ") upon the Benefitted Lots; and
Whereas, Declarant desires that the owners of Benefitted Lots share the costs and
expenses of maintaining the Drainage Easement equally; and
Whereas, the purpose of this Declaration is to set forth the terms and conditions which
will govern the shared usage and maintenance of the Drainage Easement, the Wells, and to
address the relationship of the Highline Ranch Subdivision to the Grass Mesa Ranch and its
HOA.
DECLARATION
KNOW ALL MEN BY THESE PRESENTS, the undersigned Declarant does hereby
publish and declare the following covenant that shall run with the title to Lots 1, 2, and 3 of the
Highline Ranch (the " Benefitted Lots ") which shall be a burden and a benefit upon the said
Benefitted Lots.
1) RATIFICATION OF GRASS MESA COVENANTS. Declarant hereby ratifies the Grass Mesa
Covenants, which continue to be a burden and benefit upon the Benefitted Lots. The Benefitted
Lots shall remain part of the Grass Mesa Homeowners Association, as defined in the Grass Mesa
Covenants. The owners of Lots 1, 2, and 3 shall collectively have a single membership in the
Grass Mesa Homeowners Association. Within their single membership, the owners of Lots 1, 2,
and 3 shall each have a one -third (1/3) vote. The owners of Lots 1, 2, and 3 shall each have such
voting rights in the election of Directors and on other matters requiring the vote of the members
as provided in the Articles of lncorporation and Bylaws of the Association.
2) ACKNOWLEDGEMENT OF UTILITY EASEMENTS. The Benefitted Lots are burdened by
certain easements and encumbrances of record, some of which are shown on the Plat.
3) USE AND MAINTENANCE OF DRAINAGE EASEMENT. The Benefitted Lots shall share the
costs and expenses of maintaining the Drainage Easement in good repair. Within five feet of the
centerline of the Drainage Easement, no structure, planting, or other material shall be placed or
permitted to remain that may damage, interfere with, or change the direction of flow of drainage
facilities in the easements. Each Lot owner shall continuously maintain the portion of the
Easement that exists that owner's Lot. The Lot Owners may jointly undertake repairs or
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maintenance to the Drainage Easement upon with the prior, express, and written consent of each
the parties and an assumption by each of the parties in writing of their proportionate share of
financial liability for the cost of such additional repairs or maintenance.
4) WATER SUPPLY FOR LOT 1. The owner of Lot 1 shall be the sole owner and beneficiary
of the Lot I Well. The Lot 1 Well shall serve only Lot 1 and is not intended for joint use with
any other property, including Lots 2 or 3.
5) WELL SHARING ARRANGEMENT FOR LOTS 2 AND 3.
a) Right, Title and Interest. Declarant hereby dedicates the Lot 3 Well jointly to
the owners of Lots 2 and 3. Each owner of Lot 2 and 3 shall own an undivided
one -half (1/2) interest in the Lot 3 Well. The intent of the foregoing conveyance is
to be that the owner of Lot 2 shall own one -half (1/2) of the Lot 3 Well and the
owner of Lot 3 shall own one -half (1/2) of the Well, including the water produced
thereby.
b) Utilization of Well. Presently, the Lot 3 Well is located upon Lot 3, Highline
Ranch Subdivision. The owners of Lots 2 and 3, their heirs, devisees, personal
representatives, assigns, successors, occupants, and subsequent owners of the
subject properties shall be entitled to continue usage of the water produced by the
Lot 3 Well upon the terms and conditions contained herein. Unless legally
changed or modified, the collective use of the Lot 3 Well shall be limited to two
single family dwellings, fire protection, the watering of four domestic animals,
and irrigation of not more than 24,000 square feet (0.56 acres) of home lawns and
gardens, which irrigation is to be proportioned evenly between Lots 2 and 3.
Provided each lot owner is actually applying water from the Lot 3 Well to
beneficial use on its respective lot, each lot shall equally divide the expenses of
operating, maintaining, repairing, improving and replacing said Well, including
the costs of maintaining a current well permit, associated filings with the State
Engineer's Office, and maintaining the West Divide Water Conservancy District
Allotment Contract for the Lot 3 Well. If one Lot Owner is not actually applying
water to beneficial use, the other Lot owner making use of the water shall be
solely responsible for the above- mentioned expenses. The cost of installing,
repairing and/or replacing any delivery pipelines shall be borne by the owners of
the Lot for whose benefit the delivery pipeline exists. All operation, maintenance,
repairs, replacements, and improvements shall be made by mutual agreement. In
the event the parties cannot mutually decide upon what improvement, operation,
maintenance, repair or replacement activities are necessary and proper, either
party may provide notice in writing of a list of repairs, improvements or
replacements it believes need to be undertaken, together with a budget therefore.
Unless the other party objects in writing within fourteen (14) days of receipt of
said Notice, consent to such shall be deemed conclusively given. In the event
objection is timely made, the parties agree to mutually select one qualified
professional engineer, pump installer, or well driller to make recommendations
and a budget and to be bound by such recommendations and budget.
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c) Reasonable Use. The parties agree that their respective usage of the Lot 3 Well
shall always be reasonable, and that they will endeavor to limit their usage thereof
to reasonably necessary usage for each of their respective lots. In no event,
however, shall the annual collective diversions of Lots 2 and 3 exceed 2.34 acre -
feet.
d) Replacement Well. In the event that the Lot 3 Well, for whatever reason, is
required to be re- drilled at a location other than within the well easement
described below, the owner of Lot 3 agrees to select a replacement well site on the
basis of the best information available to him or her for the locating of an
adequate well water source. In the event the parties relocate the Lot 3 Well
outside of the well easement described in below, each party agrees to grant
appropriate reciprocal easements for the new well site and delivery lines and to
vacate the old easement described herein to the extent no longer necessary for the
withdrawal and delivery of water. To the extent both parties are receiving water
from the Lot 3 Well, all costs of drilling, well and pump installations and
equipment shall be borne equally by the parties. All costs of connection and
running of new delivery lines from the relocated well site to the parties'
individual residence and business, respectively, shall be borne separately by the
parties. If only one party is receiving water from the Lot 3 Well, such party shall
bear such costs for the Well relocation/re - drilling,
e) Payment for repairs. In the event that reasonable expenses of any nature which
are incurred in connection with the operation, repair, maintenance, replacement,
improvement or insurance are not timely paid by any party responsible therefore,
any other party affected by this Agreement may, but shall not be required to, pay
such expenses, and the party so paying such expenses shall be entitled to
reimbursement therefore.
f) Well Easement. Declarant hereby separately conveys and grants to the owners of
Lots 2 and 3 nonexclusive easements fifteen feet (15') around the Lot 3 Well (15'
radius) and seven and one -half feet (7 & 1/2') in width on each side of a centerline
which commences at the Well and proceeds in a course along the delivery line
across the property of Lot 3 terminating at the shared boundary of Lot 2 and 3,
which easement shall vest upon construction of said delivery line to Lot 2 which
shall be located in the shortest feasible route through Lot 3 to the boundary of Lot
2. Said easement shall be for the purpose of access to, replacement of, and
operation, maintenance and improvement of, the Lot 3 Well for the benefit of the
owners of Lots 2 and 3.
g) End Uses, Each party shall be solely responsible for all operation, maintenance,
and capital costs associated with the delivery of water from the Lot 3 Well to the
end uses located on their respective Lots.
h) Legal Description. In the event either party desires to clarify and confirm. the
description of the easement conveyed herein and reduce said conveyance and
description to writing, said party may, at its sole option, have a legal description
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said easement prepared by a registered surveyor and prepare the appropriate
conveyance document, which the other Lot owner shall execute.
6) INDEMNITY. Each of the parties agree to indemnify and to hold the other harmless from
and against any and all liability for personal injury or property damage when such injury or
damage shall result from, arise out of, or be attributable to any maintenance or repair undertaken
under or pursuant to this agreement.
7) MODIFICATION OF COVENANTS. These Covenants may be extinguished or modified
upon a unanimous vote of the owners of Lots 1, 2, and 3.
8) ATTORNEY FEES. In the event of any action for breach of this Declaration, to enforce the
provisions of this Declaration, or otherwise arising out of or involving this Declaration, the court
in such action shall award a reasonable sum as attorneys fees to the party who, in Tight of the
issues litigated and the court's decision on those issues, is the prevailing party in such action.
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Covenants, Highline Ranch Subdivision
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Reoeption4: 843341
11!19!2013 09 34.07 OM Jean Fllberico
6 of 6 Rac Fee $36.00 Doc Fee 0 00 GARFIELD COUNTY CO
IN WITNESS WHEREOF, this Declaration has been executed and declared to be a
and a benefit running with the lots described herein as of this f3 day of ../frie, r/' , 2013.
STATE OF COLORADO
COUNTY OF GARFIELD
DECLARANT
) ss.
}
Subscribed, sworn to, and acknowledged before me this \V day off oaor teC , 2013, by
Ryan May, individually.
Witness my hand and official seal.
REBECCA I. WHEELERSBURG
Notary Public
State of Colorado
y commtssio e p e .
Covenants, Highline Ranch Subdivision
U,RrA•fik Vklq,La.442.
Notary Public
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