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Home My WebLink AboutThird AMD to Declaration of Protective Covenants for Westbank Ranch PUD, Filing #41111'1 t11 '/k141kii1tillSAWIC 111i01 11111 Reeeptian#. 73822; 1lisef2907 11116:33 Ali Jan Alberico 1 or 4 Rea Fsa:52i.00 D Ft414.40 GARFIELD COUNTY CO THIRD AMENDMENT TO DECLARATION OP PROTECTIVE COVENANTS FOR WESTBANK RANCH P.U.D. FILING NO, 4 A Common Interest Planned Comrnnr►ity By written ballot, and by a vote of 3 o to t , the membership of the Westbank Mesa Homeowners Association, hie. has authorized amendments and additions to the restrictive covenants forWestbank Ranch P.U.D. Filing No. 4. WHEREFORE, the Declaration of Protective Covenants for Westbank Ranch P.U,D. Filing No. 4, a Common Interest Planned Community, recorded in the office of the Clerk and Recorder of Garfield County, Colorado, en May 12, 1994, as Reception No. 463060 in Book 902 at Page 263, the First Amendment to Declaration of Protective Covenants for Westbank Ranch P.D.D. Filing No. 4, a Common Interest Planned Community, recorded in the office of the Clerk and Recorder of Garfield County, Colorado on May 31, 1994, as Reception No. 463958 in Book 904 at Page 296 and the Second Amendment to Declaration of Protective Covenants for Westbank Ranch P.U,D. Filing No. 4, a Common Interest Planned Community, recorded in the office of the Clerk and Recorder of Garfield County, Colorado on July 22, 2005, as Reception No. 678767 in Book 1709 at Page 349 are hereby amended by amending and adding to Articles IV and VI (new Language is underlined): ARTICLE TV B. METHOD OF APPROVAL. The Board shah approve or disapprove the plans and specifications in writing within thirty (30) days from the receipt thereof One (1) set of said plans and specifications, with the approval or disapproval, shall be retained by the Board for a period of three (3) years. In the event no action is taken to approve or disapprove such plans and specifications within said thirty (30) day period, the provision requiring approval of said plans and specifications shall be deemed to have been waived. e precedi 0 day peri�ad shall_ tot applyjn_t_tm_sdatilq construction, addition to, enlargement or alteration of any commercial stru,Ures, including but not limit oan ► ae_ I[ularJjsmissions tower or similar communications device algid on Lot 63, 4 11111KElliiihiliNt1411.141111011gliiiihiai B111 Rcpt inntl : 736222 41/30(2607 11:f6:33 An a441 Riix3rico 2 of 4 Rea Fes : S2' . D6 I7aa Fea:O. e® CANF I£LC COUNTY CO D. NO WAIVER Or AUTHORITY. The Board's authority to wove additions to. enlargements of,. and alteration to any structure befor.e.such additions. enlargements rr�a terations are undertaken shal i _ eacte d tn any and all structures built within the subdivision, including to _any tower or other ceinmercial structure of any kind that may be built von Lot 63. No Agreement between the Heard and the owner of any Lot to suspend the requirements of this Article for any one spesifie prejct. or series of projects (e.g.. for initial construction). shall constitute a waiver of the Board's authority to APProve or disprove subsequent additions, enlargements,. or alterations of any structure(s) (yr on any lots, in the subdivision, ARTICLE VL B. BUSINESS COMMERCIAL OR TRADE USES, No lands in the Subdivision shall ever be occupied or used for any commercial, business or trade purpose and nothing shall be done on any of said lands which is a nuisance or might become a nuisance to the owner or owners of said lands, with the exception, however, that the use of a portion of the lands for sale of lots by the Declarant shall be permitted. Use of a residence for a business purpose shall be authorized provided such use is non -observable from other lots, does not generate any vehicular traffic or noise and does not alter the premises in any fashion. The construction and operation of a cellular transmission tower on Lot 0 shall not constitute a business. carnmegelal or tr sub' o r i his provision of the Declaration so long as that tower is used for only one_ entity's transmissions and communication services. However if the owtterfoperatpr of sus;h tombola...ever lease, rent or allow more than one entity to use the tower or its related transmission facilities for profit or gain, or if any lessee. renter, or raper of such tower should ever enter into any agreement with anv ether entity to sub -lease or othery ' g alloys the other entity to also use the tower its or relate_d transmission facilities for profit or Rain. such:, use would_then be considered a prohihited_Ingincle 'the meaning of these Covenants, unless the Board in its discretion were.#ofiIlow the same under whatever conditions it should deterrninc_,;�.irJits sole discretion. J. TOWERS AND ANTENNAS. No towers or radio and television antennas shall be erected or permitted to remain on any residential lot within the Subdivision, except that normal radio and television antennas attached to a dwelling house may project up to six (6) feet above the highest point of the roof of the structure. Satellite dishes shall be permitted as approved by the Board. This prohibition shall no apply to Lot 63. Except as amended hereby, all other terms and conditions of the Declaration of protective Covenants , First Amendment, and Second Amendment thereto shall remain in full force and effect. NM 11%11 iktiitEIlikk1 ' MC14fh %I41l 1i 1111 Receptianti: 738222 1t(30!2!07 11;16,33 P' lean Riborico 3 of 4 Rec Feo: 24.20 qno Feo.0.e8 GARFIELD COUNTY CO Dated this 21 day ofNuvember, 2007. WESTEANK MESA HOMEOWNERS ASSOCIATION, INC. a Colorado non-profit corporation, Randy Crenshaw, President ATTEST: 32. Terry Collip. Treasurer lth 'eiliAlltt lit Reaepfion#: 733224 11/20/2047 11:14:33 RI'! Jean Ribrrico 4 or 4 Roc Fee:121.0D Ooa Fee:@.R0 GARFIELD CiuNTY CO STATE OF COLORADO ) 3 COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this —day of November, 2007, by Randy Crenshaw as President ofWestbank Mesa Homeowners Association, Inc. Witness my hand and official seal. My commission expires: • Notary Public STATE OF COLORADO ) 3 COUNTY OF GARFIELD ) -tom• The foregoing instrument was acknowledged before me this -/7. -'day of November, 2007, by Terry Collins as Treasurer of Westbank Mesa Homeowners Association, Inc. Witness my hand and official seal. My commission expires: MY commission expires Aug. 31, 2010 377341O LDDC Notary Public 1 1 PETRONELLA STR{JBOS-ARTHUR d Notary Pifblic State of Colorado