HomeMy WebLinkAbout1.0 ApplicationSCHMUESER GORDON
118 W. 6th St. Suite 200
Glenwood Springs, CO 81601
(303) 945-1004
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GO3t 925-5727'
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REMARKS
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KERST & deWINTER, P.C.
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SCHENK,
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GLENWOOD SPRINGS, COLORADO 8i601
TELEPHONE: (970) 945-2447
TELECOPIER: (97 0) 945-297'7
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
February 6, 1996
Mark Bean HAND DELMRED
Garfield County Planner
Garfield County Courthouse
109 Eighth Street
Glenwood Springs, CO 81601
Don DeFord HAND DELMRED
Garfield County Attorney
Garfield County Courthouse
109 Eighth Street
Glenwood Springs, CO 81601
Re: Final Plat - Mountain Meadows at Prince Creek
Gentlemen:
Final Plat documents are submitted with this letter for the approval of Garfield County
of Mountain Meadows at Prince Creek Subdivision. The Final Plat, as well as engineering
drawing for the construction of subdivision improvements, will be submitted directly to you by
Schmueser Gordon Meyer, Inc. Documents enclosed for final approval are as follows:
. 1. Subdivision Improvements Agreement. Exhibit "C", which is certification from
Schmueser Gordon Meyer, Inc., will be submitted shortly.
\, 2. Declaration of Covenants, Conditions, Restrictions and Easements for Mountain
Meadows at Prince Creek Subdivision, marked to highlight all changes made from the
Preliminary Plan submittal.
'3. Articles of Incorporation for the Mountain Meadows at Prince Creek Homeowners
Association filed with the Colorado Secretary of State on February 27, 1995.
* 4. Bylaws of the Mountain Meadows at Prince Creek Homeowners Association.
..- 5. Quit Claim Deed for Water Rights, other Common Elements and transfer of the
Basalt Water Contract to the Association.
'6. Receipt for payment of RE-l School Impact Fees ($1,600.00).
r J. Receipt for payment to the Carbondale Rural Fire Protection District ($1,856.00).
February 6, 1996
Page -2-
8. [rtter from Pitkin County Surveyor dated October 2, lgg5, confirming the
location of the Pitkin County boundary line as determined by Schmueser Gordon Meyer, Inc.
9. Irtter from Garfield County Surveyor dated August 23, 1995, confirming the
location of the Garfield County boundary line as determined by Schmueser Gordon Meyer, Inc.
--L0. Title Insurance Commitment issued by Stewart Title as of December 26, 1995.
Specific responses to the conditions of approval by the Garfield County Commissioners,
using the section numbers of Resolution No. 95-078 as references, are as follows:
1. All representations of the applicant, either within the application or stated at the
public hearing with the Panning Commission, be considered conditions of approval.
RESPONSE: Agreed. No action required.
2. All proposed utilities shall be located underground.
RESPONSE: See CCR $3.8, third sentence.
All necessary appurtenances for individual service connection shall be provided by the
developer.
RESPONSE: See Subdivision Improvements Agreement, Exhibit "B".
Construction of utility facilities of, to and including the curb stop, valve, pedestal or
transformer serving each Lot are included in work to be performed under the Subdivision
Improvements Agreement.
RESPONSE: See Subdivision Improvements Agreement, Exhibit "B".
3. The applicants shall establish a Homeowners Association and shall be incorporated
in accordance with the requirements of Colorado Revised Statutes.
RESPONSE: See filed Articles of Incorporation.
The Homeowner's Association shall be responsible for the Basalt Water Conservation
District water contract, well maintenance, road maintenance and snow removal.
RESPONSE: See CCR 53.2, 3.5, 3.6 and 9.9.
The articles of incorporation and restrictive covenants shall be reviewed by County Staff
prior to the approval of a Final Plat.
RESPONSE: Submitted for review.
February 6, 1996
Page -3-
4. The water allocation contract shall be transferred from the developer to the
Homeowner's Association.
RESPONSE: Form of Quit Claim Deed is submitted.
The Homeowner's Association shall enforce individual compliance through covenants.
RESPONSE: See CCR, Articles IV, V, VI, IX and XII.
All Basalt Water Conservancy District contract rights and obligations, as approved by
the Water Court, shall be assigned to the Homeowner's Association.
RESPONSE: Form of Quit Claim Deed is submitted.
5. The applicants shall pay $200 per lot in school impact fees prior to approval of
the final plat.
RESPONSE: Payment has been made for the RE-1 School District School Impact Fees,
evidenced by the receipt enclosed.
6. The restrictive covenants shall provide that there will be no resubdivision of the
lots.
RESPONSE: See CCR $8.2.
7. Prior to the submittal of the Final Plat, the applicant shall provide adequate
written verification from the Division of Water Resources documenting approval of the domestic
water supply and comply with any recommendations made by the Division.
RESPONSE: Final verification will be submitted in the near future. A final decree for
Mountain Meadows Well #1 will be submitted later this week. The only objector has generally
assented to this Plan of Augmentation. The final decree may not be entered by the scheduled
closing date for the sale of Lot 8 (February 23, 1996), however, that Lot will not be served by
the new well. Lot 8 contains the existing home and appurtenances of the applicant and is to be
served by the Allen Well. The Allen Well has been deleted from the Plan of Augmentation
pursuant to the agreement of all parties. Thus, Lot 8 is not affected by this Plan. In the event
the decree is not entered by the closing date for the sale of Lot 8, a further agreement to be
recorded at Final Plat recordation should prohibit the sale of the remaining lots until the entry
of the decree for Mountain Meadows Well #1 and its Plan for Augmentation. This step will
protect all parties.
8. The applicant shall provide a 16,000 gallon water storage tank per the request of
the Carbondale and Rural Fire Protection District for fire protection as a part of the submittal
of a Final Plat and pay $232.00 per dwelling to the District prior to submittal of a Final Plat.
February 6, 1996
Page -4-
RESPONSE: The Subdivision Improvements Agreement includes construction of the tank,
Exhibit B, Item 9. Payment to the District has been made, evidenced by the receipt enclosed.
Further, that all residences shall be built in accordance with the Colorado Forest Service
urban interface wildfire guidelines.
RESPONSE: See CCR $7.7.
9. All roads including the proposed cul-de-sac shall be designed and constructed in
accordance with minimum County standards.
RESPONSE: See Engineering and Design Plans submitted by Schmueser Gordon Meyer.
10. The applicants shall submit improvement plans for all roads, bridges, utilities and
drainage structures prior to approval of a Final Plat.
RESPONSE: See Engineering and Design Plans submitted by Schmueser Gordon Meyer.
Further, that the water system lines be looped.
RESPONSE: See Engineering and Design Plans submitted by Schmueser Gordon Meyer.
11. The applicant shall demonstrate that procedures are established for the
maintenance of all bridges, roadways etc., including snow removal, through the Homeowner's
Association.
RESPONSE: See CCR $3.6, second and third sentences.
12. A11 outdoor lighting shall be directed downward and toward the interior of the
subdivision.
RESPONSE: See CCR $8.16.
13. That the final Plat for the subdivision include the following:
a. A legal description of the GarfieldiPitkin County boundary line that is
approved by the County Surveyor of both Garfield and Pitkin County, prior to Final Plat.
RESPONSE: The letters of the Pitkin County Surveyor and the Garfield County Surveyor have
been received by the Garfield County Planning Department.
b. That the following plat notes be included on the plat:
i. The approval of this subdivision action by Garfield County will,
in no way, obligate Pitkin County to approve any building permits without
compliance with the appropriate Pitkin/County Land Use Code requirements and
procedures.
February 6, 1996
Page -5-
RESPONSE: See Final Plat.
ii. The lots in this subdivision are in a predominantly agricultural area
and that certain agricultural practices may have a negative impact on the
residential use of property in this subdivision. The agricultural uses and practices
are superior to the residential uses.
RESPONSE: See Final Plat.
iii. No open hearth solid-fuel fireplaces willbe allowed; each dwelling
unit will be allowed one (1) new wood-burning stove as defined by C.R.S. 25-7-
407 , et. seq., and the regulations promulgated thereunder; and there will be no
restriction on the number of natural gas burning fireplaces or appliances.
RESPONSE: See Final Plat and CCR $7.6.
iv. One dog will be allowed in each residential dwelling unit in the
PUD. This requirement will be included in the protective covenants, and will be
enforced by the homeowners association.
RESPONSE: See Final Plat and CCR $8.8.
v. No building on lots l, 2, 3 and "7, shall exceed twenty (20) ft' in
height, at the highest point of the structure or be over one story in height.
RESPONSE: See Final Plat and CCR $7.5.
vi. Noxious weeds are the responsibility of the property owner.
RESPONSE: See Final Plat and CCR $8.5.
Alpine Bank & Trust is prepared to issued is irrevocable Letter of Credit to Garfield
County as soon as the Final Plat documents are accepted by Garfield County. Please call with
any questions, corrections or additions. Mrs. Allen is prepared to proceed as soon as possible.
A closing on the sale of her home, which is by the Allen Well, is scheduled for February
23, 1996. It would be great to complete these a\ions prior to that date. Thank you.
ery truly
JO NR.
JRS/clh
Enc.
cc: Dr. and Mrs. Allen
Nancy Emerson - Mason & Morse
Debbie Duley - Schmueser Gordon
Joe Scofield - Alpine Bank & Trust
SI]BDTVISION IMPROYEMEN{TS AGREEMEI{T
},IOTINTAIN MEADOWS AT PRINCE CREEK SUBDTWSION
THIS AGREEMENT is made and entered into this _ day of February , 1996, by and
benveen the Anneliese K. Allen (hereinafter referred to as "Owner/Subdivider") and the Board
of County Commissioners of Garfield County, Colorado (hereinafter referred to as
"Counq'").
WITNESSETH:
\\T{EREAS, Owner/Subdivider is the o*r.. and developer of certain real properry
located rvithin Garfield County, Colorado, to be known as the Mountain Meadows at Prince
Creek Subdivision; and
\ITIEREAS, 1fus prcliminary Plan for the Mountain Meadows at Prince Creek
Subdivision was approved purzuant to Resolution 95-078; and
\\TIEREAS, Owner/Subdivider has submitted to the Counry for its approval the Final
Plar tor Mountain Meadows at Prince Creek Subdivision ( the "Final Plat") more particularly
described in said Final Plat and on Exhibit A attached hereto. both of which are incorporated
herein b1' reference; and
\\'IIEREAS, as a condition of approval of the Final Plat and as required by the laws of
the State of Colorado, the Owner/Subdivider wishes to enter into this Subdivision Improvements
Agreement with the County; and
\\'[IEREAS, Owner/Subdivider has agreed to execute and deliver a lefier of credit to the
Countv lo secure and guarantee the perfornance of this agreement by Owner/Subdivider, and
has agreed to certain restrictions and conditions regarding the issuance of building permits and
certificates of occupancy, all as more fully set forth hereinafter.
NOW, TIIEREFORE, for and in consideration of the premises and the following murual
covenants and agreements, the parties hereby agree as follows:
1. FINAL PLAT APPROVAL. The Counfy hereby accepts and approves the Final
Plar for Mountain Meadows at Prince Cree( Subdivision (the "subdivision"), subject to the
terms and conditions of this agreement, as well as the terms and conditions of the Preliminary
Plan approval, Resolution No. 95-078, and the requirements of the Garfield County Zoning and
Subciivision Regulations.
2. OWNER/SIJBDwIDER'S PERFORMANCE. Orvner/Subdivider has
consrrucred and installed or shall cause to be constructed and installed, at Orvner/Subdivider's
o\\'n e\pense, those improvements set forth in Exhibit B attached hereto. and made a part hereof'
Those improvements shall be completed on or before September l, 1997. Additionally, the
On'ner Subdivider agrees that those improvements shall be constructed in compliance with the
foilori'ins:
,n.,r{,n= all Final Plat documents, and shall be stamped upon as-built drawings b1 said
professional engineer where applicable. The OwneriSubdivider may request reiease for the
portion of the security upon proof that:
(1) the Owner/Subdivider has a valid contract with a public utilit1"
company regulated by the Colorado P.U.C. or a municipality that obligates such
urility company to install certain utility lines and provide service; and
(2) the OwneriSubdivider has paid such utiliry company or
municipaliry the cost of installation of such utilities required to be paid b1
Orvner/Subdivider under such contract.
Upon submission of a certification of completion of improvements by the Owner/Subdivider. the
Counry may inspect and review the improvements certified as complete, to determine u'hether
or nor said improvements have been constructed in compliance with the relevant specifications.
If the Counry determines that all or a portion of the improvements certified as complete are not
in compliance with the relevant specifications, the Counry shall furnish a letter of potemial
deficiencies to the OwneriSubdivider within fifteen (15) days specifying which improvements
are potentially deficient.
If no letter of potential deficiencies is furnished within said fifteen (15) day period. all
improvements certified as complete shall be deemed accepted and the County shall reiease the
appropriate amount of security as it relates to the improvements which were cenified as
complete.
If a iener of potential deficiencies is issued which identifies a portion of the certified
improvements as potentially deficient, then all improvements not so identified in the lener of
poiential deficiencies shall be deemed accepted, and the County shall release the appropriate
i*ornt of securiry, as such relates to the certified improvements that are not identified as
potentialll' deficient in the letter.
With respect to any improvements certified as complete, but which are identified as potentially
deficieni in the letter of potential deficiencies as provided in this section, the Counq' shail have
thirty (30) days from the date of the letter of potential deficiencies to complete its investigation
and provide written confirmation of the deficiency to the OwneriSubdivider.
If upon further investigation the County finds that the improvements are acceptable. then
appropriate securiry shall be released to the Owner/Subdivider within ten (10) da1's after
completion of such investigation.
In the event the improvements are not accepted by the Counry, the Board of Commissioners shall
make a ivritten finding prior to requesting payment on the letter of credit. Additionallv, the
Countl' shall provide the Owner/Subdivider a reasonable period of time to cure an,v deficiency
prior to requesting payment on the letter of credit.
C. SECURITY FOR REVEGETATION. The cost of the landscaping
improvements has been set forttr in Exhibit B anached hereto, including an amount sufficient to
provide for full revegetation of the landscaping required by the Preliminary Plan. The letter of
credit set forth above must provide security for all costs of landscaping. The certificate of
completion for landscaping improvements shall set forth the costs of revegetation, and such
amount shall be retained as security for a period not to exceed one (1) year after such
completion. The initial completion of landscaping shall occur on or before September 1,1997.
At the conclusion of that one (1) year period from the date of certification of completion, the
amount of security retained for landscaping shall be released by the County upon receipt and
accepurnce of written certification from a landscape professional that such landscaping is
complerc and is no longer in need of revegetatioh, and that revegetation is established.
D. SIJBSTITUTION OF LETTER OF CREDIT. The County may, at its sole
option, permit the Owner/Subdivider to substitute collateral other than a letter of credit
acceptable to the County for the purpose of securing the completion of the improvements as
hereinabove provided.
E. RECORDING OF FINAL PLAT. No Final PIat shall be recOrdEd
pursuant to this agreement, until the leffer of credit described in this agreement, in a form
acceptable to the County, and in an amount acceptable to the County, has been received and
approved by the CountY.
F. ACKNOWLEDGEMENT OF SATISFACTION. Upon satisfactory
completion of all improvements required by this agreement, the receipt and acceptance of all
wrinen certifications required by this agreement and the expiration of the additional period of
time required under Section 3C above, the County shall execute and deliver a written
acknowledgement of the Owner/Subdivider's satisfaction of this agreement in a recordable form
and fully release all security given hereunder.
4. WATER SYSTEM AND UTILffIES. All easements and real property
constituting the sites of domestic water and other utility systems shall be indicated upon the Final
Plat, and dedicated to, and accepted by the homeowners association for the Subdivision.
Coincident with the recording of the Final Plat, the Owner/Subdivider shall transfer all water
rights to the homeowners association as zuch are necessary to provide water service to the
Subdivision. Additionally, the Owner/Subdivider shall deed all easements for water services and
utilities to the homeowners association coincrdent with the recording of the Final Plat.
5. PERMITS The parties agree that no building permit shall be issued until the
Orvner/Subdivider demonstrates to the satisfaction of the Fire District and the County that
adequate water is available for the Fire District's purposes at the site of construction. Further,
the parties agree that no certificate of occupancy shall be issued for any building or structure
within the Subdivision until all zubdivision improvements, including completion of the water
system have been completed and are operational, as required by this agreement. The
Ownerisubdivider herein agrees that prior to the conveyance of any lot within the Subdivision,
Orvner/Subdivider will provide to the purchaser of that lot a signed copy of Exhibit D attached
herero, notifying the owner of the foregoing restrictions upon issuance of building permits and
certificates of occupancy.
I r ^us'd\t.sl^
6. ROADS. All roads within the Subdivision shall be private and not deciicated to
the public and are not accepted by the Counry for purposes of maintenance, upkeep. or repair.
The homeowners association for the Subdivision shall bear the sole responsibilitl' for the
maintenance, repair, upkeep, snow removal and reconstruction of all roads u'ithin the
Subdivision.
7. II{DEN{NITY. To the extent allowed by law, the OwneriSubdivider agrees to
indemnifl' and hold the County harmless and defend the Counry from all claims which mav arise
as a result of the Owner/Subdivider's installation of the improvements required pursuant to ihis
agreement. However, the Owner/Subdivider does not indemnify the County for claims made
assening that the standards imposed by the Coirnry are improper or the cause of the injury
asserred. The County shall be required to notify the Owner/Subdivider of receipt of a notice of
claim, or a notice of intent to sue and shall afford the Owner/Subdivider the option of defending
any such claim or action. Failure to notify and provide such written option to the
Owner/Subdivider shall extinggish the County's rights under this section. Nothing hereinstated
shall be interpreted to require the Owner/Subdivider to indemnify the County from claims s'hich
ma1, arise from the negligent acts or omissions of the County or its employees.
8. SCHOOL IMPACT FEES. The parties recognize and agree that the approval
of the Final Plat constitutes approval of 8 single family lots. The parties agree that school
impact fees shall be determined to be $200.00 per du,elling unit. The Owner/Subdivider
specifically agrees that Owner/Subdivider is obligated to pay the same, herein accepts that
obligation. and waives any claim that Owner/Subdivider is not so obligated or required to pa1'
school impact fees. The Ownerisubdivider agrees that subsequent to recording of the Final Piat,
the Ownerisubdivider will not claim, nor is the OwneriSubdivider entitled to, a reimbursement
of the school impact fees paid in conjunction with this agreement.
9. ISSUANCE OF BLIILDING PERMITS. As one remedy for breach of this
agreement. the Counry may withhold issuance of buildin-e permits for any structure rvithin the
Subdivision until the breach is remedied.
10. SALE OF LOTS. No lots within the Subdivision shall be conveyed prior to
recording of the Final Plat.
11. APPROVAL OF FINAL PLAT. The County herein agrees to approve the Final
Plat of the Subdivision subject to the terms and conditions of this agreement, as u'ell as the
terrns and conditions of the Preliminary Plan'Approval.
12. CONSENT TO VACATE PLAT. In the event the Owner/Subdivider fails to
compll, rvith the tenns of this agreement, including the terms of the Preliminary Plan, the
Countl, shall have the ability to vacate the Final Plat as it pertains to lots which have not been
convel,ed for and at market value to bona fide purchasers, which purchasers are not related to
the Orvner/Subdivider. Any lots which have been so conveyed shall not be vacated and the plat
as to those lots shall remain valid. The Owner/Subdivider shall provide a survey and complete
legai description with a map showing the location of a portion of the plat so vacated.
ilns'l:i -'\a
13. ENT'ORCEMENT. In addition to any rights which may be provided by Colorado
statute, it is mutually agreed that the County or any purchaser of a lot within the Subdivision
shall have the authority to bring an action in the District Court of Garfield County, Colorado,
to compel enforcement of this agreement.
14. BINDING EFFECT. This agreement shall be a covenant running with the title
to each lot within the Subdivision, and the righs and obligations as contained herein shall be
binding upon and inure to the benefit of the Owner/Subdivider, Owner/Subdivider's successors
and assigns.
15. RECORDING. Upon executibtr and authorization by the County, the
Owner/Subdivider shall record this agreement with the Office of the Clerk & Recorder for
Garfield County, Colorado.
L6. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising
out of or related to this agreement shall lie in the District Court for Garfield Counry, Colorado,
and be construed pursuant to the laws of the State of Colorado.
17. AMEI{DMENT. The parties hereto mutually agree that this agreement may be
amended from time to time, provided such amendment is in writing and signed by the parties
hereto.
18. NOTICE. All notices required herein shall be tendered by personal service or
certified mail upon the following individuals or agents of the parties to this agreement:
Board of County Commissioners of Garfield County
c/o Mark Bean, Planning Director
109 8rh Srreet, Suite 303
Glenwood Springs, CO 81601
Anneliese K. Allen
437 E 1730 N
Orem, UT 86057
ENTERED INTO the day and year frst above written.
OWNER/SIJBDIVIDER:
Anneliese K. AIIen
BOARD OF COI.INTY COMMISSIONERS
ATTEST: OF GARI"IELD COLINTY, COLORADO
Clerk to the Board
I USAUNG)t,w.SlA
By:
Chairman
6
DGIIBIT A
SUBDTVISION IMPROYEMENTS AGREEMENT
N,IOI.]NTAIN MEADOWS AT PRINCE CREEK STJBDTVISION
A parcel of land situated in Lots 8 and 9 of Section 11 and in Lots 3 and 4 of
Section 14, all in Township 8 South, Range 88 West of the Sixth Principal
Meridian, more particularly described as follows:
Beginning at a point from which the brass cap witness corner set for the
southwest corner of Section 11 of said Township and Range bears S. 58"36'04"
W. 869.15 feet distant; thence along a fence line the following two (2) courses:
(1) N. 88"t2'03" E. 173.07 feet
(2) N. 89"35'12" E. 120.63 feet
to the intersectionwith a north south fence line; thence S. 01'45'40" E. 237.14
feet along said fence line to an intersection with an east west fence line; thence
N. 88'16'41.8.739,99 feet along said fence line: thence S. 02"41'45" E.
530.78 feet to a point on the county line between Garfield County and Pitkin
County; thence N. 90"00'00' W. 1434.55 feet along said county line to a point
on a north south fence line; thence along said fence line the following five (5)
courses:
(1) N. 19'44'01' E. 99.39 feet
(2) N. 06"09',31" E. 74.87 feet
(3) N. 09"29'08" E. 163.04 feet
(4) N. 38"25'59" E. 371.83 feet
(5) N. 30't7',23" E. t37.72 feet
to the point of beginning. Said parcel of land contains 17.893 acres, more or less.
COUNTY OF GAMIELD
STATE OF COLORADO
DilIIBTT B
STJBDIVISION IMPROYEMENTS AGREEMENT
MOI]NTAIN MEADOWS AT PRINCE CREEK SI,JBDTWSION
REQI.'IRED CONSTRUCTION
No.Quantity Item Unit Cost Total cost
1 1 Mobilization 2,000.00 $ 2,000.00
2 1 Acre Clearing and Grubbing of all organic
objects, trees, sfumps, roots and other
protnrding obstnrctions not designated
to remain.
4,950.00 4,950.00
5 3,700 c.Y.Unclassified Excavation. Excavation of
all material for road and road borrow
ditch and all appurtenant items, to the
lines and grades of the Drawings,
including topsoil removal (does not
include excavation for ditches)
3.45 12,765.00
4 1,400 L.F.Type A Ditch, including shaping,
excavation (blading), subgrade prep,
riprap and restoration work.
0.8s 1,190.00
5 1,600 L.F.Type B Ditch, including shaping
(blading), excavating, zubgrade prep,
riprap and restoration work.
0.75 1,200.00
6 1,523 L.F.3' PVC waterline to include all
materials, excavation baclfill, bedding
(Class 6), all appurterumces and testing.
14.40 21,931.20
7 3 3" Gate Valves to include all materials,
excavation, bacldill (Class 6), bedding,
valve box and all sppurtenansss.
370.00 1,110.00
8 8 Service Lines, to include all fittings,
couplings, tap, corp. saddle, 1, copper
pipe curb valve and box, all excavation,
bacldill, bedding (Class 6) and all
appurtenances.
850.00 6,800.00
9 1 16,000 gallon fiberglass tank to include
standpipe, gate valve, manway and air
vent.
24,635.00 24,635.00
Is\AlfftA.At
DGIIBIT B
No.Quantity Item Unit Cost Total Cost
10 1 Yard Hydrant to include all fittings,
excavation, backfill (Class 6) and all
appurtenances.
450.00 450.00
11 1 Well Pump installation to include
pump, piping pitless, electrical service,
and all appurtenances.
4,100.00 4.100.00
12 1 Hydroctrlorination system, pressure
tanks, water meter, all interior piping,
electrical, all appurtenances and testing.
6,300.00 6,300.00
13 30 L.F.3" Schedule 40 PVC from well to well
house, including all materials,
excavation, backfill, all appurtenances
and testing.
17.00 510.00
t4 1 132-foot, two-rail split rail fencing with
10' rail gate.
1,650.00 1,650.00
15 J Adjust Water and Range Valve Box to
finish grades.
75.00 22s.00
t6 2,980 S.Y.3/4" Chip-Seal Surface.2.40 7,152.00
I7 1,000 Ton Aggregate Base Course Class 6, for
pavement base, shoulders.
11.25 11,250.00
i8 2 Traffic Sign, including excavation,
concrete base, sign and post.
225.00 4s0.00
t9 9s0 L.F.48" utility trench to include all
excavation, bedding, bacldill,
compaction, installation of conduit for
power and telephone.
5.20 4,940.00
20 J Electric manholes, including
excavation, backfill, compaction, and
connection to conduit.
440.00 1,320.00
2l 1 Acre Soil Preparation for seeded areas,
including scarification, removal of
rubble and rocks over 4", placement of
topsoil, for all disturbed areas.
3,675.00 3,675.04
22 1 Acre Hydroseeding, Fertilizing with specified
rates of seed mix and fertilizer.
2,950.00 2,950.00
Xii. l\\'rlfF
DGIIBTT B
No.Quantity Item Unit Cost Total Cost
23 1 Well House - Structure 9,000.00
24 Telephone Service 3,000.00
25 Natural Gas Service 1,382.00
26 Trenching for Natural Gas Line 3,675.00
27 Electrical Service 20,000.00
28 Engineering/Surveying 2,000.00
TOTAL COST $ 159,610.20
trt
E)GIIBM D
SI]BDIVTSION IMPRO\IEMENTS AGREEMENT
MOLINTAIN MEADOWS AT PRINCE CREEK SUBDTWSION
NOTICE REGARDING BTJILDING PERMITS
TO: ALL PURCHASERS OF HOME SITES WTTHIN
TIIE MOI.INTAIN MEADOWS AT PRINCE CREEK SI]BDTVISION
YOU ARE IIEREBY NOTIFIED under applicable Garfield County Regulations, you
may not commence construction of a residence within unincorporated Garfield County, including
Mountain Meadows at Prince Creek Subdivision, prior to issuance of a building permit by
Garfield County. Under the terms of the Subdivision Improvements Agreement between
Garfield County and Anneliese K. Allen, you are hereby notified of the following:
1. Approval of the Final Plat by Garfield County does not assure that improvements
have been constructed, and are acnrally in place. While Garfield County has obtained sufficient
security to assure construction of those improvements, you have the responsibility to determine
whether or not those improvements will be in place in a timely manner relative to your request
for issuance of a building permit.
2. Prior to iszuance of a building permit, the lot owner must demonstrate to the
County that the Fire Protection District is satisfied that there is adequate fire fighting water
available on the constnrction site.
3. Garfield County shall not iszue a certificate of occupancy for any structures within
Mountain Meadows at Prince Creek Subdivision until all subdivision improvements, including
the water system and all other utilities have been completed and are operational in accordance
with the Subdivision Improvements Agreement.
OWNER/SUBDIVIDER: Anneliese K. Allen
437 E 1730 N
Orem, UT 86057
THE FOREGOING NOTICE WAS READ AND UNDERSTOOD BY THE
IJNDERSIGNED PURCHASER OF A HOME SITE WITHIN THE MOUNTAIN MEADOWS
AT PRINCE CREEK SI]BDTVISION THIS DAY OF , L99_.
PURCHASER:
Cfypc Nam)
flypc Addrcss )
DECLARATION OF COYENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
MOTINTAIN MEADOWS AT PRINCE CREEK SUBDIVISION
Anneliese K. Allen ("Declarant"), &s owner of certain real property in the County of
Garfield, State of Colorado, known as the Mountain Meadows at Prince Creek Subdivision
("Mountain Meadows at Prince Creek") depicted on the plat of same recorded on
, 1996, as Reception No. in the records of the Clerk and
Recorder of Garfield county, colorado, (the "Plat"), and described as follows:
A parcel of land situated in Lots 8 and 9 of Section 11 and in Lots 3 and 4 of
Section 14, all in Township 8 South, Range 88 West of the Sixth Principal
Meridian, more particularly described as follows:
Beginning at a point from which the brass cap witness corner set for the
southwest corner of Section 11 of said Township and Range bears S. 58o36'04"
W. 869.15 feet distant; thence along a fence line the following two (2) courses:
(1) N. 88"12'03" E. 173.07 feet
(2) N. 89'35'12" E. 120.63 feet
to the intersection with a north south fence line; thence S. 01"45'40' E. 237.44
feet along said fence line to an intersection with an east west fence line; thence
N. 88"16'4L'E.739.99 feet along said fence line; thence S. 02"41'45'E.
530.78 feet to a point on the county Iine between Garfield County and Pitkin
County; thence N. 90"00'00" W. 1434.55 feet along said county line to a point
on a north south fence line; thence along said fence line the following five (5)
courses:
(1)
(2)
(3)
(4)
(s)
N. 19044',01" E-
N. 06'09',31" E.
N. 09"29',09" E.
N. 38"25',59" E.
N. 30'17',23" F,.
99.39 feet
74.87 feet
163.04 feet
371.83 feet
137.72 feet
to the point of beginning. Said parcel of land contains 17.893 acres, more or less.
COUNTY OF GARFIELD
STATE OF COLORADO
(the "Property"). Declarant desires to create a Plarured Community Common Interest
Community, to be known as Mountain Meadows at Prince Creek Subdivision, in which certain
common property will be owned by the Mountain Meadows at Prince Creek Homeowners
Association, a Colorado nonprofit corporation, its successors and assigns (the "Association").
Declarant makes the following declarations:
ll:WS\AIU:N\DEURAT,CCR- 1/t4/s
ARTICLE I
STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS
1.1 Imposition of Covenants. Declarant hereby makes, declares, and establishes the
following covenants, conditions, restrictions, and easements ("Covenants") which shall affect all
of the Property. From this day forward, the Property shall be held, sold and conveyed subject
to these Covenants. These Covenants shall run with the land and shall be binding upon all
persons or entities having any right, title, or interest in all or any part of the Property, including
Declarant, and their heirs, successors, assigns, tenants, guests and invitees. These Covenants
shall inure to and are imposed for the benefit of all Lot Owners of parcels of land located within
the Property. These Covenants create specific rights and privileges which shall be shared and
enjoyed by all owners and occupants of any part of the Property. Declarant hereby submits the
Mountain Meadows at Prince Creek Subdivision to the provisions of the Colorado Common
Interest Ownership Act, Sections 38-33.3-101, et seq., Colorado Revised Statutes, as it may be
amended from time to time (the "Act"). In the event the Act is repealed, the Act, on the
effective date of this Declaration, shall remain applicable.
1.2 Declarant's Intent. Declarant desires to ensure the attractiveness of individual
Lots and improvements to be made within the Property, to prevent any future impairment of the
Property, and to preserve, protect, and enhance the values and amenities of the Property. It is
the intent of Declarant to guard against the construction on the Property of Improvements built
of improper or unsuitable materials or with improper quality or methods of construction.
Declarant intends to encourage the construction of attractive permanent Improvements of
advanced technological, architectural, and engineering design, appropriately located to preserve
the harmonious development of the Property.
1.3 Existing Covenants. The Property is currently subject to and bound by a
Declaration of Covenants and Restrictions dated February 7, 1980, and recordedFebruary 22,
1980, as Reception No. 301853 in Book 544 atPage I49. The within Declaration is intended
to supplement that existing declaration.
ARTICLE II
DEFINITIONS
Each capitahzed term not otherwise defined in this Declaration or on the Plat shall have
the meanings specified or used in the Act. The following terms, as used in this Declaration, are
defined as follows:
2.1 "Design Guidelines" shall mean the rules and regulations adopted by the
Association in conformance with and pursuant to this Declaration to maintain the quality and
architectural harmony of Improvements in the Mountain Meadows at Prince Creek Subdivision.
2.2 "Improvements" shall mean all buildings, parking areas, loading areas, fences,
walls, hedges, plants, poles, antennae, driveways, signs, changes in any exterior color or shape,
excavation and all other site work, including, without limitation, grading, roads, utility
improvements, removal of trees or plants. "Improvements" do include both original
improvements and all later changes and improvements. "Improvements" do not include turf,
2
shrub or tree repair or replacement of a magnitude which does not change exterior colors or
exterior appearances.
2.3 xl-otrr shall mean any lot shown on the Plat of Mountain Meadows at Prince Creek
Subdivision which may be conveyed in conformance with the laws of the State of Colorado. For
purposes of conforming the terms and provisions of this Declaration to the terms and conditions
of the Act, the term "Lot" shall be analogous to the term "Unit" as that term is defined in the
Act.
2.4 "Lot Owner" shall mean an owner of a Lot shown on the Plat of Mountain
Meadows at Prince Creek Subdivision. For purposes of conforming the terms and provisions
of this Declaration to the terms and provisions of the Act, the term "Lot Owner" shall be
analogous to the term "Unit Owner" as that term is defined in the Act.
ARTICLE III
DESCRIPTION OF COMMON INTEREST COMMUNITY
3.1 Units. The maximum number of Lots in Mountain Meadows at Prince Creek is
eight (8) single family Lots.
3.2 Common Elements. The Common Elements include:
(a) All underground water and water rights appurtenant to the Property, including all
well and well rights, all augmentation rights, a proportionate share of a contract with the Basalt
Water Conservancy District, all rights attributable to Declarant in respect to the Property as
decreed in Case No. 95 CW 081 in the District Court, Water Division No. 5, issued for the
Mountain Meadows Well No. 1, together with all well casing, screens, pumps, piping, storage
tank, valves, hydrants and other appliances for the domestic water system from any well to the
point of individual service for any lot in Mountain Meadows at Prince Creek;
(b) The surface water and water rights, ditch and ditch rights appurtenant to the
Property delivered from the East Mesa Water Company, which shall include, without limitation,
an undivided one-halt (Vz) of the amount allocated to Grantee in the Agreement dated May 15,
1975, and recorded May 20, 1975, in Book 474 at Page 116 as Reception No. 267669 of the
records of Garfield County, (hereafter the "Daly Agreement"), which should be equivalent to
16.5 shares of stock in the East Mesa Ditch Company, together with an undivided one-half (%)
interest in all underground irrigation piping and appurtenances within the Property and a
proportionate interest in the delivery system to the Property, subject always to the rights of the
holders of two (2) undivided 1/16th interests in the Daly Agreement as described in the
document recorded as Reception No. 301854 in Book 544 at Page 155 on February 11, 1980,
in the document recorded as Reception No. 306879 in Book 554 at Page 642 on August 26,
1980, in the Quit Claim Deed recorded as Reception No. in Book _at Page _on-,|996,andintheQuitClaimDeedrecordedasReceptionNo.-inBook
-
at Page _ on _, t996, and further subject to Declarant's reservation of an
undivided 3/8th interest in such water and water rights and in the Daly Agreement;
(c) All private roadways over and across the Property providing access to County
Road 111 including Allen Court; and
(d) All access and utility easements depicted on the Plat of Mountain Meadows at
Prince Creek and other easements depicted on said Plat or described below, all of which are
designated by this Declaration for the common use and enjoyment of Lot Owners and their
families, tenants, guests and invitees anLd not for the public. The Association, subject to the
rights and obligations of the Lot Owners set forth in this Declaration, shall be responsible for
the management and control of the ComLrnon Elements.
3.3 Allocated Interests. Th,e undivided interest in the Common Elements, the
Common Expense liability and votes in the Association allocated to each Lot Owner shall be
allocated to each Lot and calculated as fbllows:
(a)
each Lot;
the undivided interest in Clommon Elements, on the basis of an equal interest for
(b) the percentage of liability for Common Expenses, on the basis of equal liability
for each Lot, provided that, to the extent any Common Expense is attributable to the domestic
potable water system connected to the Mountain Well No. 1, the operation and maintenance of
the Allen Court access road or the gas main and telephone lines serving Lots 1 though 7, the
Owner of Lot 8 shall have no obligation for same (since such Lot will not be served by or
otherwise be benefited by such Commorr Elements); and
(c) the number of votes in the Association, on the basis of one vote per Lot.
3.4 Conveyance of Water Rights. By separate instruments, Declarant shall transfer
to the Association all water and water riglrts appurtenant to the Property described in Section 3.2
above, subject to the interests previously conveyed or reserved as described above. Such water
and water rights shall be held by the Association in trust for the use and benefit of the Lot
Owners and shall not be sold, leased, conveyed or encumbered by the Association.
3.5 Water Systems Operation. The domestic potable water system and the irrigation
system, including all pumps, main distritrution lines and facilities, will be owned, operated and
maintained by the Association in corruaron with the owners of the Exempt Lots and the
Declarant, provided that no action of any kind shall be taken by the Association or any Lot
Owner that may prevent, reduce or in any way interfere with the exercise of the rights of the
owners of the Exempt Lots and the Declarant as described in Section 3.2(b) above to receive all
irrigation water through said system to lvhich such persons are lawfully entitled. All charges
for operations (including all contracts) shall be paid by the Association and charged as a
Common Expense to the Lot Owners. Each Lot Owner and the Executive Board shall cooperate
with the applicable public health and other governmental officials to comply all laws and
regulations governing the use of such syr;tems and rights.
Without limiting the foregoing each Lot Owner will observe the following:
(a) Each Lot Owner shall adhere to the terms of any water rights decrees and permits
affecting water service on and to the Property and other water rights arising on or carried
through the Property, including carriage rights of other owners of interest in the East Mesa
Water Company, including, without lirnitation, the Agreement dated May 15, 1975, and,
recorded I[Iay 20, 1975, inBook 474at Page 116 as ReceptionNo. 267669, the Well, Water
and Road Agreement dated February 7, 1980, recorded February 22, 1980, in Book 544 atPage
55 as Reception No. 301857 and the Well Water and Road Agreement dated August 22, 1980,
and recorded August 26, 1980, in Book 554 atPage 642 as Reception No. 306879;
(b) Without limiting the foregoing, the utilization of irrigation water from the East
Mesa Water Company shall be coordinated with the other owners of interests in such water
rights which include access easements for pipelines and along ditch rights of way for repair,
cleaning and maintenance;
(c) The irrigation system shall be regulated and operated at all times in a manner so
as to balance the use of the irrigation water by all persons entitled to the benefit of such water
and shall not discriminate against or otherwise adl'ersely impact the owners of shares in such
water who are not members of the Association (to-wit: owners of the remaining one-half
interest);
(d) Each Lot Owner shall be responsible for the operation and maintenance of a curb
stop valve and, if reasonably necessary as determined by the Association to regulate the use of
irrigation water, a totalizing flow meter for the irrigation water lines servicing each such Lot;
(e) Any capital improvementsi or modifications required to the irrigation system due
to any change to residential use made on Lots 1 thlough 7 shall be paid exclusively by the Lot
Owner making such change and shall not be chargeable to the remaining owners of interests in
the irrigation system;
(0 Each Lot Owner will own and be responsible for all costs, expenses and liabilities
for service lines from such Lot Owner's point of connection to the Association's distribution
lines, whether to the irrigation or domestic systems;
(g) The Owner of Lot 8 will not be entitled to any portion of the water or water rights
from Mountain Meadows Well No. 1, arrd shall not be charged with any costs for operation or
maintenance but instead shall be entitlecl to a one-third interest in the Allen Well, Permit No
80997 in accordance with the Well, Water and Road Agreement dated February 7, 1980,
recorded February 22, 1980, in Book 544 at Page 155 as Reception No. 301857 and the Well
Water and Road Agreement dated Augusf 22, 1980, and recorded August 26, 1980, in Book 554
at Page 642 as Reception No. 306879;
(h) There will be no cross connection made between the Allen Well and the Mountain
Meadows Well No. 1;
(i) Each Lot Owner of Lots 1 through 7 shall be responsible for the operation and
maintenance of a curb stop valve and a totalizing flow meter for the water lines servicing each
such Lot from Mountain Meadows Well No. 1;
0) Each new dwelling will include a self-contained water storage and pumping system
for domestic potable water service using an in-house booster pump and hydroneumatic pressure
tank to provide sufficient water pressure as well as plumbing fixtures using current low water
use technology;
5
(k) Water from the Mountain Meadows Well No. 1 shall be used for in house
purposes only;
(1) The Association shall establish charges for water usage based on consumption
such that the water systems will be independently supported with adequate reserves for capital
replacements;
(m) The Association upon reasonable notice, through its agents, shall have full and
free access at all reasonable hours to read meters, examine water pipes and fixtures, determine
water usage and take other necessary actions to assure compliance with any decreed plan of
augmentation and the rules of the Association provided that in the event of emergency, based
on a good faith determination by the Association, reasonable notice shall not be required, if
impractical;
(n) The Association shall have the right upon reasonable notice to shut off or curtail
diversions for the purpose of administration and operation of any decreed plan of augmentation
or contract obligation.
3.6 Road Access. The primary roadway easement and right of way depicted on the
Plat for access to Mountain Meadows at Prince Creek to be known as Allen Court shall be
conveyed to the Association by Declarant. The Association shall be responsible for the
operation and maintenance of said road. Such maintenance will include periodic maintenance
of the surface and regular snow, ice, and trash removal. The Association will not be responsible
for maintenance of private drives located on any Lot. The Executive Board shall cooperate with
the applicable traffic and fire control officials, and shall post the road with required traffic
control, fire lane, and parking regulation signs. Costs of the operation and maintenance of the
roadway shall be borne equally by the Lot Owners of Lots 1 through 7 regardless of the length
of road serving a particular lot.
3.7 Recorded Easements. The Property, and all portions thereof, shall be subject to
all easements shown on the recorded Plat affecting the Property, or any portion thereof, and to
any other easements of record or of use as of the date of recordation of the Declaration.
3.8 Utility Easements. Declarant reserves to Declarant and hereby grants to the
Association (and to the owners of water rights as described in Sections 3.2 and 3.5 above as
pertains to the irrigation system only) a general non-exclusive easement upon, across, over, in,
and under the utility easements as depicted on the Plat for ingress and egress and for installation,
replacement, repair, and maintenance of all utilities, including but not limited to domestic and
irrigation water, sewer, gas, telephone and electrical systems. By virtue of this Easement, it
shall be expressly permissible and proper for the companies providing electrical, telephone and
other communication services to install and maintain necessary electrical, communications, and
telephone wires, circuits, and conduits in the easement. All water, sewer, gas, telephone,
electrical, or coflrmunications lines, systems, or facilities shall be installed or relocated below
the surface of the Property, except for necessary surface facilities. Such utilities temporarily
may be installed above ground during construction, if approved by the Declarant or the
Association. Any utility company using this general easement shall use its best efforts to install
and maintain the utilities provided for without disturbing the uses of the Lot Owners, the
Association, and Declarant; shall prosecute its installation and maintenance activities as promptly
and expeditiously as reasonably possible; and shall restore the surface to its original condition
as soon as possible after completion of its work. Should any utility company furnishing a
service covered by this general easement request a specific easement by separate recordable
document, either Declarant or the Association shall have, and are hereby given, the right and
authority to grant such easement upon, across, over, or under any part of all of the Property
without conflicting with the terms of this Declaratlon. This general easement shall in no way
affect, avoid, extinguish, or modify any other recorded Easement on the Property. All service
connections to primary utility lines (including water curb stops, gas shutoff valves, electrical
transformers and telephone pedestals) serving each Lot shall be the responsibility of the Lot
Owner.
3.9 Emergency Access Easement. A general easement is hereby granted to all law
enforcement, fire protection, ambulance, and all other similar emergency agencies or persons
to enter upon the Property in the proper performance of their duties.
3. 10 Maintenance Easement. An easement is hereby reserved to Declarant, and granted
to the Association, its officers, agents and employees, successors and assigns, upon, across,
over, in and under the Property and a right to make such use of the Property as may be
necessary or appropriate to make emergency repairs or to perform the duties and functions which
the Association is obligated or permitted to perform, including without limitation, any actions
in respect to the water distribution systems and individual sewage disposal systems (ISDS).
3.11 Drainage Easement. An easement is hereby reserved to Declarant and granted
to the Association, its officers, agents, employees, successors and assigns to enter upon, across,
over, in and under any portion of the Property for the purpose of changing, correcting, or
otherwise modifying any existing drainage channels on the Property so as to protect the historic
drainage pattern of water. Reasonable efforts shall be made to use this easement so as not to
disturb the uses of the Lot Owners, the Association and Declarant, as applicable, to the extent
possible; to prosecute such drainage work promptly and expeditiously; to avoid interference with
existing structures; and to restore any areas affected by such work to the condition existing prior
to the work as soon as reasonably possible following such work. Declarant and Declarant's
agents, employees, successors and assigns must inform and obtain the written approval of the
Executive Board and any affected property owner (including owners of any Tract described in
the Exemption Resolution No. 79-144 recorded in Book 539 at Page 751 as Reception No.
299592 on November 19, 1979). Such approvals shall be obtained prior to undertaking such
drainage work, which approvals shall not be unreasonably withheld.
3.12 Easements Deemed Created. A11 conveyances of any part of the Property made
after the date of this Declaration, whether by Declarant or otherwise, shall be construed to grant
and reserve the easements contained in this Article XII even though no specific reference to such
easements or to this Declaration appears in the instrument for such conveyance.
ARTICLE IV
THE ASSOCI,{TION
4.1 Membership. Every person, by virtue of being a Lot Owner and while such
person is a Lot Owner, shall be a member of the Association. Membership shall be appurtenant
to and shall not be separated from Ownership of any Lot. No Lot Owner, whether one or more
persons, shall have more than one membership per Lot owned, but all of the persons owning
each Lot shall be entitled to rights of membership and use and enjoyment appurtenant to such
Ownership.
4.2 Authority. The business affairs of Mountain Meadows at Prince Creek shall be
managed by the Mountain Meadows at Prince Creek Homeowners Association, a Colorado
nonprofit corporation.
4.3 Powers. The Association shall have all of the powers and authority permitted
under the Act necessary and proper to manage the business and affairs of Mountain Meadows
at Prince Creek.
4.4 Declarant Control. The Declarant shall have all the powers reserved in Section
38-33.3-303(5) of the Act to appoint and remove officers and members of the Executive Board.
ARTICLE V
COVENANTS FOR COMMON EXPENSE ASSESSMENTS
5.1 Creation of Association Lien and Personal Obligation to Pay Common Expense
Assessments. Declarant, for each Lot, hereby covenants, and each Lot Owner of any Lot, by
acceptance of a deed therefor, whether or not it shall be so expressed in any such deed, are
deemed to covenant and agree to pay to the Association annual Common Expense Assessments.
Such assessments, including fees, charges, late charges, attorney fees, fines and interest charged
by the Association shall be the personal obligation of the Lot Owner at the time when the
assessment or other charges became or fell due. Two or more Lot Owners of a Lot shall be
jointly and severally liable for such obligations. The personal obligation to pay any past due
sums due the Association shall not pass to a successor in title unless expressly assumed by them.
The Common Expense Assessments of the Association shall be a continuing lien upon the Lot
against which each such assessment is made. A lien under this Section is prior to all other liens
and encumbrances on a Lot except: (a) liens and encumbrances recorded before the recordation
of the Declaration; (b) a first lien Security Interest on the Lot recorded before the date on which
the Common Expense Assessment sought to be enforced became delinquent; and (c) liens for
real estate taxes and other governmental assessments or charges against the Lot. This Section
does not prohibit an action to recover sums for which this Section creates a lien or prohibit the
Association from taking a deed in lieu of foreclosure. Sale or transfer of any Lot shall not affect
the Association's lien except that sale or transfer of any Lot pursuant to foreclosure of any first
lien Security Interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure,
or cancellation or forfeinrre shall only extinguish the Association's lien as provided in the Act.
No such sale, transfer, foreclosure, nor cancellation or forfeiture shall relieve any Lot Owner
from continuing liability for any Common Expense Assessments thereafter becoming due, nor
from the lien thereof.
5.2 Apportionment of Common Expenses. Common Expenses shall be allocated and
assessed against Lots based on a equal share for each Lot, except that to the extent that any
Common Expense is attributable to the domestic potable water system connected to the Mountain
Well No. 1, the operation and maintenance of the Allen Court access road or the gas main and
telephone lines serving Lots 1 though 7 , the Owner of Lot 8 shall have no obligation for same
(since such Lot will not be served by or otherwise be benefited by such Common Elements).
5.3 Purpose of Assessments. Assessments levied by the Association shall be used
exclusively to promote the health, safety and welfare of the residents of Mountain Meadows at
Prince Creek and for the improvement and maintenance of the Common Elements, including,
but not limited to: taxes and insurance on the Common Elements, reserve accounts, the cost of
labor, equipment, materials, management and supervision, the salary or fee of any manager,
utilities, transportation, professional fees and other customary charges.
5.4 Annual Assessment/Commencement of Common Expense Assessments. Common
Expense Assessments shall be made on an annual basis against all Lots and shall be based upon
the Association's advance budget of the cash requirements needed by it to provide for the
administration and performance of its duties during such assessment year. The Common
Expense Assessment made against Lot 8 shall be established at a lower value to reflect the non-
participation by that Lot in assessments for operations and maintenance of the Mountain
Meadows Well No. 1, the Allen Court access road and the gas main and telephone lines serving
Lots 1 though 7. Common Expense Assessments shall be payable in monthly installments and
shall begin on the first day of the month in which conveyance of the first Lot to a Lot Owner
other than the Declarant occurs.
5.5 Effect of Non-Payment of Assessments. Any assessment, charge or fee provided
for in this Declaration, or any monthly or other installment thereof, which is not fully paid
within ten (10) days after the due date thereof shall bear interest at the rate as determined by the
Executive Board. A late charge of up to five percent (5%) of each past due installment may also
be assessed thereon. Further, the Association may bring an action at law or in equity, or both,
against any Lot Owner personally obligated to pay such overdue assessments, charges or fees,
or monthly or other installments thereof, and may also proceed to foreclose its lien against such
Lot Owner's Lot. An action at law or in equity by the Association against a Lot Owner to
recover a money judgment for unpaid assessments, charges or fees, or monthly or other
installments thereof, may be commenced and pursued by the Association without foreclosing,
or in any way waiving, the Association's lien.
5.6 Working Fund. The Association or Declarant shall require the first Lot Owner
of each Lot (other than Declarant) to make a nonrefundable payment to the Association in an
amount equal to one-sixth of the annual Common Expense Assessment against that Lot in effect
at the closing thereof, which sum shall be held, without interest, by the Association as a
"working fund. " The payment for Lot 8 shall be proportionally lower for the reasons noted in
Sections 5.2 and 5.4 above. The working fund shall be collected and transferred to the
Association at the time of closing of each sale by Declarant of each Lot and shall be maintained
for the use and benefit of the Association. Such payment shall not relieve a Lot Owner from
making regular payments of the assessments when due. Upon the transfer of a Lot, a Lot
Owner of same shall be entitled to a credit from the transferee for any unused portion of the
working fund.
ARTICLE VI
DESIGN REVIEW
6.1 Design Guidelines. The Association shall adopt, establish and publish from time
to time Design Guidelines. The Design Guidelines shall not be inconsistent with this
Declaration, but shall more specifically define and describe the design standards for Mountain
Meadows at Prince Creek. The Association may also establish reasonable criteria, including,
without limitation, requirements relating to design, scale and color, as the Association may deem
appropriate in the interest of preserving the aesthetic standards of Mountain Meadows at Prince
Creek. The Design Guidelines may be modified or amended from time to time by the
Association. Further, the Association, in its sole discretion, may excuse compliance with the
Design Guidelines as are not necessary or appropriate in specific situations and may permit
compliance with different or alternate requirements. Compliance with the Association's Design
Review process shall not be a substitute for compliance with applicable governmental building,
zoning and subdivision regulations. Each Lot Owner shall be responsible for obtaining all
approvals, licenses and permits as may be required before commencing construction.
6.2 Design Review. The Association shall review, study and either approve or reject
proposed Improvements in Mountain Meadows at Prince Creek, in compliance with this
Declaration and the Design Guidelines. In any Design Review, the Association shall exercise
its best judgment to see that all Improvements conform and harmonize with any existing
structures as to external design, quality and type of construction, materials, color, location,
height, grade and finished ground elevation and all aesthetic considerations set forth in this
Declaration and in the Design Guidelines. The Association's exercise of discretion in approval
or disapproval of plans or with respect to any other matter before it, shall be conclusive and
binding on all parties.
6.3 Design Review Procedures. The President or other executive officer of the
Association shall preside over all meetings for Design Review and shall provide for reasonable
notice to each member of the Association before any such meeting. The notice shall set forth
the time and place of the meeting, and notice may be waived by any member. The affirmative
vote of the majority of the members of the Association shall govern its actions and be the act
of the Association. A quorum shall consist of a majority of the members. Any applicant
member seeking a Design Review nevertheless shall be entitled to vote on any action or
decision. The Association may avail itself of technical and professional advice and consultants
as it deems appropriate. The Association shall make such rules as it may deem appropriate to
govern its such proceedings.
6.4 Design Review Expenses. The Association shall have the right to charge a
reasonable fee for each application submitted to it for Design Review, in an amount which may
be established by the Association from time to time, and recover the reasonable costs and
expenses of any technical and professional advice and consultants required to properly consider
the application and to generally defray the expenses of the Association for this purpose.
6.5 Limitation of Liability. The Association shall use reasonable judgment in
accepting or rejecting plans and specifications submitted to it for Design Review. Neither the
Association, Declarant, nor any officer, Executive Board member or individual Association
member, shall be liable to any person for any act of the Association concerning submitted plans
and specifications, except for wanton and willful acts. Approval by the Association does not
necessarily assure approval by any governmental authority having jurisdiction. Notwithstanding
Association approval of plans and specification, neither the Association nor any of its members
shall be responsible or liable to any Lot Owner, developer or contractor with respect to any loss,
liability, claim or expenses which may arise because of approval of the construction of the
Improvements. Neither the Executive Board, the Association, nor Declarant, nor any of their
10
employees, agents or consultants shall be responsible in any way for any defects in any plans
or specifications submitted, revised or approved in accordance with the provisions of the
Declaration, nor for any structural or other defects in any work done according to such plans
and specifications.
ARTICLE VII
CONSTRUCTION AND ALTERATION OF IMPROVEMENTS
7.1 General. The Design Guidelines and the provisions set forth in these Covenants
shall govern the right of a Lot Owner to construct, reconstruct, refinish, alter or maintain any
Improvement upon, under or above any of Mountain Meadows at Prince Creek, and to make or
create any excavation or fill on Mountain Meadows at Prince Creek, or make any change in the
natural or existing surface contour or drainage, or install any utility line or conduit on or over
Mountain Meadows at Prince Creek.
7 .2 Approval Required. No Improvement in Mountain Meadows at Prince Creek shall
be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor shall any
construction, repair or reconstruction be commenced until plans for such Improvement shall have
been approved by the Association; provided, however, that Improvements and alterations which
are completely within a structure may be undertaken without such approval.
7.3 Specific Requirements for Buildings. Subject to governmental regulations, no
buildings shall be placed, erected, altered or permitted to remain on any Lot other than one (1)
single family dwelling, one (1) attached or detached garage and one (1) other non-residential
outbuilding other than a garage not exceeding one hundred (100) square feet. All buildings shall
be located wholly within the building envelope designated for a Lot as depicted on the Plat,
provided that no building envelope shall be designated for Lot 8. The building size of the
principal dwelling on any Lot shall not be less than 1,500 feet nor more than 6,000 square feet,
exclusive of all areas utilized for garages and open porches. New construction on each Lot witl
include plumbing fixtures using low water use technology. All Lots will utilize white or earth
tones for exterior surfaces and non-reflective roofing materials. All construction materials shall
be new, except for the limited use of antique treatments, fixtures and accessories. No building
or structure originally constructed at another location shall be moved onto any Lot.
7.4 Mt. Sopris View Corridor. No building shall be constructed as to significantly
interfere with the view of Mt. Sopris from any other Lot.
7.5 Building Height Limitation. On Lots 1 , 2, 3 and 7, no building shall exceed a
height of twenty feet (20') nor shall any building contain more than one (1) full story above the
natural grade. On Lots 4, 5, 6 and 8, no building shall exceed a height of twenty-five feet (25').
7.6 Fireplaces and Stoves. In order to protect against air quality degradation from
the utilization of solid fuel burning devices, no open hearth solid fuel fireplaces shall be allowed.
There shall be no restriction on the number of natural gas burning fireplaces or appliances.
Each dwelling unit will be allowed one (1) new wood-burning stove as defined by C.R.S. 25-7-
401, et. seq., and the regulations promulgated thereunder. This Section shall not apply to
fixtures now in place in the existing dwelling located on Lot 8.
11
7.7 Wildfire Prevention. The guidelines of the Colorado State Forester for wildfire
prevention as presently specified in the pamphlet titled "Wildfire Protection in the Wildland
Urban Interface" prepared by the Colorado State Forest Service (C.S.F.S. #143-691) or any
successor document shall be followed in the construction of all future Improvements.
7.8 Fences and Hedges. The type and location of all fences and hedges will be
subject to the approval of the Design Review Committee prior to installation. Only wooden
fences shall be permitted within the Property, with limited exceptions for small gardens, kennels,
play areas for small children or otherwise and only in circumstances where a wooden fence
would not serve the required purpose. Barbed wire fencing shall be prohibited. The Design
Review Committee shall consider the effect on wildlife activity prior to approving any requested
fencing. Wood fencing shall not exceed forty-two (42) inches in height, shall not have more
than two (2) horizontal poles with spacing of at least eighteen inches (18") between rails and
with the bottom rail at least twenty-four inches (24") above the ground. No fences or hedges
shall be constructed, grown or maintained on any Lot higher than six (6) feet above ground
level, but this restriction shall not apply to patio fences attached to dwellings.
7.9 Removal of Nonconforming Improvements. The Association after reasonable
notice to the offender and to the Lot Owner, may remove any Improvement constructed,
reconstructed, refinished, altered or maintained violating these Covenants, and the Lot Owner
of the Improvement shall immediately reimburse the Association for all expenses incurred in
such removal. This Section shall not apply to an existing dwelling and other structures located
on Lot 8.
ARTICLE VIII
PROPERTY USE RESTRICTIONS
8.1 General Restriction. The Property shall be used only for private residential
purposes as set forth in these Covenants as the same may be amended from time, as permitted
by the applicable regulations of the County of Garfield and the laws of the State of Colorado and
the United States, or other specific recorded covenants affecting all or any part of the Property.
Notwithstanding the foregoing, business activities associated with the sale of Lots or residences
constructed thereon shall be allowed. In addition and subject to any applicable governmental
regulation, in-home businesses or occupations not involving the provision of services for
customers or use of employees on site (other than the Lot Owners) shall be allowed, provided
such activities are conducted solely within an enclosed structure and do not create or result in
any nuisance or any unreasonable, unwarranted or unlawful use or interference with public or
private rights, including, but not limited to, unreasonable or unwarranted use or interference
with streets, excessive traffic, increased parking requirements, or any other offensive or noxious
activities. Bed and Breakfast operations shall not be permitted.
8.2 Subdivision of Lots. No Lot may be subdivided.
8.3 Vehicles. No trucks, trail bikes, recreational vehicles, motor homes, motor
coaches, snowmobiles, campers, trailers, boats or boat trailers, or similar vehicles (other than
passenger automobiles or pickup or utility trucks with a capacity of one ton or less) or any other
vehicles shall be parked, stored, or in any manner kept or placed on any portion of the Property
except in an enclosed garage or screened enclosure. This restriction, however, shall not be
t2
deemed to prohibit commercial and construction vehicles, in the ordinary course of business,
from making deliveries or otherwise providing service to the Property or for approved
construction by Declarant or Lot Owners.
8.4 Excavation or Fill. No excavation or fill shall be made except in connection with
Improvements approved as provided in these Covenants. For purposes of this Section,
"excavation" shall mean any disturbance of the surface of the land (except to the extent
reasonably necessary for approved landscape planting) which results in a removal of earth, rock
or other substance a depth of more than 18 inches below the natural surface of the land. For
the purposes of this Section, "fill" shall mean any importation and placement of earth, rock or
other substance a height of more than eighteen inches (18") above the natural surface of the
land.
8.5 Erosion and Vegetation Control. The surface of the Property, including all Lots,
shall be maintained in a condition which will minimize the risk of soil erosion and weed
infestation. All excavations, fills and other construction which disturb the existing vegetation
shall be revegetated with weed free seed and mulch. Any disturbed area on a Lot shall be fully
restored by the Lot Owner and each Lot shall be kept free of noxious weeds. If any Lot Owner
fails to comply with this Section, the Association may take such remedial actions as are
necessary to accomplish such restoration or removal and shall charge the cost of same to the
responsible Lot Owner as an Assessment under Section 5.1 above.
8.6 Wells and Utilities. No well from which water, oil, or gas is produced shall be
drilled, nor shall storage tanks, reservoirs, power, telephone, or other utility lines be constructed
or operated anywhere on the Property except in connection with the water well, storage tanks,
lines, pumps, fixtures and utilities installed by Declarant; provided, however, that the foregoing
shall not prevent the drilling of or installation of additional water wells or other facilities and
utilities by Declarant or the Association, the replacement of Allen Well (Permit No. 80997) or
the replacement of any existing fixture or facility on Lot 8.
8.7 Signs. No signs of any kind shall be displayed to the public view on or from any
portion of the Property except ordinary real estate sale signs, signs approved by the Association,
or signs required by law.
8.8 Animals and Pets. No animal, livestock, or poultry of any kind shall be kept,
raised, or bred on any Lot, except that not more than one (1) dog, two (2) cats and other typical
small household pets, such as birds and fish, shall be allowed. The following special
requirements apply to the single dog permitted on each Lot:
(a) Each dog shall be kept under the control of the Lot Owner at all times and shall
not be permitted to run free or to cause a nuisance on the Property.
(b) No dog shall be allowed to bark excessively, which is defined as barking more
or less continuously during any 15-minute period.
(c) Each dog shall be leashed or kept in a humane kennel or run at all times. Metal
chainlink fencing will be allowed for the purposes of kenneling a dog. The location and style
of each kennel shall be subject to review by the Design Review Committee. A kennel shall be
13
installed prior to issuance of a Certificate of Occupancy for any Lot if the Lot Owner possesses
a dog at such time and, in any event, prior to the introduction of a dog on any Lot.
(d) All Lot Owners shall keep dogs reasonably clean and free of disease and all Lots
shall be kept free of animal waste.
(e) Should any dog chase or molest deer, elk, poultry or any domestic animals or
persons, or destroy or disturb property of anottrer, the Association may prohibit the Lot Owner
from continuing to keep the offending dog on such Owner's Lot. If necessary, to protect
wildlife or other Owners' domestic animals, persons or property, the Association may take
additional steps, including the destruction of the offending dog. Except in an emergency or as
provided by law, the Owner of an offending dog shall be provided written notice of such action
at least five (5) days before disposal occurs. Such notice shall be posted on the front door of the
residence of the Owner of the offending dog. Within such five (5) day period, the offending dog
may be kenneled at a licensed kennel with all costs incurred by the Association assessed against
the Owner.
(0 The Association shall assess and enforce penalties against Owners violating the
restrictions applying to dogs as follows: One Hundred Dollars ($100.00) for the first violation.
The fine shall be increased by One Hundred Dollars ($100.00) for each succeeding violation.
8.9 Drainage. No Lot Owner shall do or permit any work, construct any
Improvements, place any landscaping or suffer the existence of any condition whatsoever which
shall alter or interfere with the drainage pattem for the Property, or cause any discharge onto
any adjacent property, except to the extent such alteration and drainage pattern is approved in
writing by the Association and any other affected property owner.
8.10 Sanitation. No trash, ashes, garbage, rubbish, debris or other refuse shall be
thtown, dumped or allowed to accumulate on the Property. There shall be no burning of refuse.
Each Lot Owner shall provide suitable receptacles for the temporary storage and collection of
refuse. All such receptacles shall be screened from the public view and protected from wind,
animals and other disturbances. Each Lot shall be kept in a reasonably sanitary condition, free
of and protected from rodent and insect infestations.
8.11 Temporary Structures. No temporary structures shall be permitted except as may
be determined to be necessary during construction and specifically authorized by the Association.
8.12 Towers and Antennae. No towers or exterior radio, television and
communications antennae shall be permitted without the prior written consent of the Association.
Dish receivers in excess of 24" in diameter shall be screened from view. Any towers or
antennae now in place on Lot 8 shall be excepted from this Section.
8.13 Outside Burning. There shall be no exterior fires, except barbecues, outside
fireplaces and braziers. No Lot Owner shall permit any condition upon such Lot Owner's Lot
which creates a fire hazard or is in violation of fire prevention regulations.
8.14 Noise. No exterior speakers, horns, whistles, bells or other sound devices, except
security devices shall be placed or used on any portion of the Property. Lot Owners shall not
l,+
permit any noise or disturbance on their respective Lots which is offensive, disturbing or
otherwise detrimental to any other person.
8.15 Odor. No odor shall be emitted from any Lot which is noxious or umeasonably
offensive to others.
8.16 Lighting. All flood lighting, security lighting or other kinds of high intensity
lighting shall be directed downward and toward the interior of the Property and otherwise
shielded to prevent glare on adjacent Lots or outside the Property.
8.17 Obstructions. There shall be no obstruction or interference with the free use of
the roadway, water system or any easement, except as may be reasonably required for repairs.
The Association shall promptly take such action as may be necessary to abate or enjoin any
interference with or obstruction of any easement. The Association shall have a right of entry
on any part of the Property for the purposes of enforcing this Section. Any costs incurred by
the Association in connection with such enforcement shall be assessed to the persons responsible
for the interference.
8.18 Service Facilities. Except for existing Improvements on Lot 8, all clothes lines,
storage tanks, equipment, service yards, wood piles and similar service facilities shall be
screened by adequate plantings or fencing so as to conceal same from other Lots, adjoining
properties and streets and roads.
8.19 Maintenance of Landscaping. Each Lot Owner shall keep the landscaping situate
on such Owner's Lot in a neat and well maintained fashion, shall properly irrigate the lawns and
other planting on such Lot and shall otherwise maintain the appearance of such Lot in a first
class condition.
8.20 Continuit-v of Construction. All Improvements commenced on the Property shall
be prosecuted diligently to completion and shall be complete within 12 months of
corlmencement, unless an exception is granted in writing by the Association.
8.21 Minerals. No portion of the surface of the Property shall be used for the
exploration, extraction or storage of oil, gas, minerals, sand, gravel, rock, earth or other
materials.
8.22 Hunting and Firearms. Firearms shall not be discharged on the Property and no
hunting shall be allowed.
8.23 Nuisances. No obnoxious or offensive activity shall be carried on within the
Property so as to unreasonably interfere with or disturb the use, enjoyment and access of any
other occupant of the Property, nor shall anything be done, permitted or placed thereon which
is or may become a nuisance or cause an umeasonable offense, embarrassment, disturbance or
annoyance to others.
8.24 Compliance With Laws. Subject to the rights of reasonable contest, each Lot
Owner shall promptly comply with the provisions of all applicable laws, regulations and
15
ordinances with respect to Mountain Meadows at Prince Creek including, without limitation, all
applicable environmental laws and regulations.
ARTICLE IX
MAINTENANCE
9.1 Association's Maintenance Responsibility. The Association shall maintain and
keep the Common Elements in good condition and repair the cost of which shall be included
as part of the Common Expenses, subject to the Bylaws and Association Rules. If, due to the
act or neglect of a Lot Owner or a Lot Owner's invitee, guest or any other occupant of a Lot,
damage shall be caused to the Common Elements or to a Lot owned by another, then such Lot
Owner shall pay the costs of repairs and replacement as may be determined necessary or
appropriate by the Association. Such obligation shall be an assessment against such Lot Owner
secured by the lien provided for in Section 5.1 above.
9.2 Unit Owner's Maintenance Responsibility. Except as provided otherwise in the
Declaration or by written agreement with the Association, all maintenance of individual Lots
including without limitation, all Improvements, individual sewage disposal systems (ISDS),
utility systems and utility lines from the point of connection to the common system shall be the
sole responsibility of the respective Lot Owners. Each Lot shall be maintained in a good, clean
and attractive condition and repair consistent with the requirements of a first class residential
development. In the event a Lot Owner should fail to keep any utility system (including any
ISDS) in good repair, the Association, without limiting any other remedy available under this
Declaration or applicable law, may enter upon said Lot for the purpose of inspecting such utility
system and if the Lot Owner refuses to make necessary repairs, the Association may do so and
the costs of such repairs shall be charged to the Lot Owner and collected pursuant to Article V
of this Declaration. Not less than biennially, each Lot Owner shall provide the Association
evidence of an inspection and necessary pumping of such Lot owner's ISDS.
ARTICLE X
INSURANCE
10.1 Association's Insurance Responsibility. The Association shall maintain all
insurance coverage required by the provisions of C.R.S. 38-33.3-101, et. seq., as the same may
be amended from time to time, together with such other insurance as the Executive Board of the
Association shall deem advisable.
10.2 Unit Owner's Insurance Responsibility. Each Lot Owner shall maintain all
insurance coverage for such Owner's Lot as deemed appropriate by such Lot Owner. In
addition, each Lot Owner shall be responsible for insuring all personal property on the Lot, as
well as general liability insurance and any other insurance coverage deemed appropriate by such
Lot Owner.
t6
ARTICLE XI
DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS
11.1 . The Declarant reserves the
following Development
allowed by law:
Rights and other special Declarant Rights for the maximum time limit
(a)
(b)
The right to complete or make improvements indicated on the plat;
The right to maintain sales and management offices;
(c) The right to maintain signs on the Property to advertise the sale of Lots in
Mountain Meadows at Prince Creek;
(d) The right to use, and to permit others to use, easements on the Property as may
be reasonably necessary for the purpose of discharging Declarant's obligations under the Act and
this Declaration; and
(e) The right to appoint or remove any officer of the Association or any Director
during the Declarant control period consistent with the Act.
tL.2 . Unless sooner
terminated by a recorded instrument signed by Declarant, any Development Right or Special
Declarant Right may be exercised by the Declarant for the period of time specified in the Act.
ARTICLE XII
ENFORCEMENT OF COVENANTS
12.1 Violation Deemed a Nuisance. Every violation of this Declaration is deemed to
be a nuisance and is subject to all the remedies provided for the abatement of the violation. In
addition, all public and private remedies allowed at law or equity against anyone in violation of
these Covenants shall be available.
12.2 Compliance. Each Lot Owner and any other occupant of any part of the Property
shall comply with the provisions of these Covenants as the same may be amended from time to
time. Failure to comply with these Covenants shall be grounds for an action to recover damages
or for injunctive relief to cause any such violation to be remedied, or both.
12.3 Who May Enforce. Any action to enforce these Covenants may be brought by
the Declarant or the Executive Board in the name of the Association on behalf of the Lot Owners
or the owners of the exempt tracts generally described in Garfield County Exemption Resolution
No. 79-144 recorded in Book 539 atPageT5l as Reception No. 299592 on November 19, lg7g.If, after a written request from an aggrieved Lot Owner, neither of the foregoing entities
cofilmence an action to enforce these Covenants, then the aggrieved Lot Owner may bring such
an action.
1,2.4 Nonexclusive Remedies. All the remedies set forth herein are cumulative and not
exclusive.
t7
12.5 Nonliability. No member of the Executive Board, the Declarant, the Association
or any Lot Owner shall be liable to any other Lot Owner for the failure to enforce these
Covenants at any time.
12.6 Recovery of Costs. If legal assistance is obtained to enforce any provision c,f
these Covenants, or in any legal proceeding (whether or not suit is brought) for damages or fo,r
the enforcement of these Covenants or the restraint of violations of these Covenants, the
prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's
fees.
ARTICLE XIII
MISCELLANEOUS PROVISIONS
13.1 Severability. This Declaration, to the extent possible, shall be construed or
reformed to give validity to all of its provisions. Any provision of this Declaration found to b,e
prohibited by law or unenforceable shall not invalidate any other provision.
13.2 Construction. In interpreting words in the Declaration unless the context shall
otherwise provide or require, the singular shall include the plural, the plural shall include the
singular, and the use of any gender shall include all genders.
13.3 Headings. The headings are included only for reference and shall not affect the
meaning or interpretation of this Declaration.
13.4 Notice. All notices or requests required shall be in writing. Notice to any Lot
Owner shall be considered delivered and effective upon personal delivery, or three (3) days after
posting when sent by certified mail, return receipt requested, to the address of the Lot Owne;r
on file in the records of the Association at the time of the mailing. Notice to the Association
or the Executive Board shall be considered delivered and effective upon personal delivery, orr
three (3) days after posting when sent by certified mail, return receipt requested, to tht:
Association or the Executive Board at the address established by the Association from time tcr
time by notice to the Lot Owners. General notices to all Lot Owners need not be certified, but
may be sent by regular first class mail.
13.5 Waiver. No failure by the Association or the Executive Board to give notice ot:
default or any delay in exercising any right or remedy shall operate as a waiver, except as
specifically provided above. No waiver shall be effective unless it is in writing signed by thr:
President or Vice President of the Executive Board on behalf of the Association.
13-6 Amendment and Mortgagee Requirements. Except as otherwise provided by the;
Act, unless at least fifty-one percent (51%) of the First Mortgagees (based on one vote for eactL
First Mortgage owned) and at least sixty-seven percent (67 %) of the Lot Owners have giverL
their prior written approval, the Association shall not be entitled to amend provisions affecting;
the following: voting rights, assessments and assessment liens, reserves, maintenance and repair
responsibilities, reallocation of interests in common elements, redefinition of Lot boundaries,
convertibility of Lots into Common Elements, expansion or contraction of Mountain Meadows
at Prince Creek, insurance or fidelity bonds, leasing of Lots, restrictions on sales or transfers,
decisions to self-manage, restoration or repair of Mountain Meadows at Prince Creek,
18
termination after destruction or condemnation and benefits of mortgagees, insurers or guarantors.
Unless a First Mortgagee provides the Secretary of the Association with written notice of irts
objection, if any, to any proposed amendment of action outlined above within 30 days following
the First Mortgagee's receipt of notice of such proposed amendment or action, the First
Mortgagee will be deemed conclusive to have approved the proposed amendment or action. The
term "Mortgage" shall include a Deed of Trust and the term "Mortgagee" shall include a
beneficiary under a Deed of Trust. In addition to the foregoing, any amendment which
substantially affects any covenant, condition, restriction, or easement which runs to the benefit
of any owner of any Tract described in the Exemption Resolution No. 79-144 recorded in Book
539 at Page 751 as Reception No. 299592 on November 19, lg77 , shall also require the written
consent of such owner.
13.7 Term. This Declaration and any amendments or supplements hereto shall remain
in effect from the date of recordation until December 31 , 2026. Thereafter, these Covenants
shall be automatically extended for five (5) successive periods of ten (10) years each, unless
otherwise terminated or modified as provided herein or by the Act.
IN WITNESS WHEREOF, the Declarant has executed this Declaration this % luy
t-
W,(,wor- {,ll.bo,
Anneliese K. Allen
srArE or[[ae_
couNrY oF\46]\_
)
) ss.
)
The foregoing instrument was acknowledged before me tfris'.-] rl_ day of
fnAfl,= tt , 1996, by Anneliese K. Allen.
WITNESS my hand and official seal.
My Commission expires:
19
ARTICLES OF INCORPORATION
OF
MOUNTAIN MEADOWS AT PRINCE CREEK HOMEOWNEHS ASSOCIATION
(A NONPROFTT CORPORATTON)
The undersigned natural person, being more than twenty-one years of age, and
acting as incorporator, does hereby establish a nonprofit corporation under and by
virlue of the Colorado Nonprofit Corporation Act and adopts the following Articles of
lncorporation:i ,;5iil3413i i5I. [;j
ARTICLE 1 SEIHET*RY ,]F :T*TE
NAME n:-iI-?= i::5x
The name of the nonprofit corporation is: ltrlountain Meadows at Prince Creek
Homeowners Association ("the Association").
ARTICLE II
DUHATION
The Corporation shall have perpetual existence.
ARTICLE III
NONPROFIT
The Corporation shall be a nonprofit corporation, without shares of stock.
ARTICLE IV
PURPOSES
The purposes for which the Corporation is formed are as follows:
(a) To be and constitute the Association to which reference is made in the
Declaration of Covenants, Conditions, Restrictions and Easements (the "Declaration")
for the Mountain Meadows at Prince Creek Homeowners Association, iocated in
Carbondale, Colorado, which Declaration is to be recorded in the Office of the Clerk
and Recorder of Garfieid County, Colorado and to operate the Common lnterest
Community for same, in accordance with the requirements for an association of Unit
Owners charged with the administration' of property under the Colorado Common
lnterest Ownership Act, C.R.S.38-33.3-101, et seq., as amended from time to time
(the "Act"). Each capitalized term not otherwise defined in these Articles shall have
the meanings specified or used in the Act. Without limiting the generality of the
foregoing, the Association may perform the following acts and seruices on a
not-for-profit basis:
(i) To acquire, construct, manage, supervise, care for, operate,
maintain, renew and protect any buildings, structures, grounds, roadways and other
facilities, installations and appurtenances thereto relating to the property of the
Common lnterest Community; to enforce any and all covenants, restrictions and
r 5 .\l-a,\Bii_6 INC
agreements applicable to the Common lnterest Community; and, insofar as perrniiied
by law, to do any other thing that, in the opinion of the Executive Board, will prornote
the common benefit and enjoyment of the residents of the Common lnterest
Community.
(ii) To prepare estimates and budgets of the costs and expenses of
rendering these services and the per{ormance, or contracting or entering into
agreements for this pedormance, as provided for in or contemplated by this
subparagraph (ii); to apportion these estimated costs and expenses among the Unit
Owners; and to collect these costs and expenses from the Unit Owners obligated to
assume or bear the same; and to borrow. money for the Association's purposes,
pledging as security the income due from Unit Owners and from others, the propei"ty
of the Association.
(iii) To enforce, on behalf of the Unit Owners, rules made or
promulgated by the Executive Board with respect to the safe occupancy, reasonable
use and enjoyment of the buildings, structures, grounds and facilities of the Common
lnterest Community, and, to levy fines to enforce compliance with these rules.
(iv) To perform, or cause to be performed, all other and adcjitional
services and acts as are usually performed by managers or managing agents of real
estate developments, including without limitation, keeping or causing to be kept,
appropriate books and records, preparing and filing necessary reports and returns,
and making or causing to be made audits of books and accounts.
(b) To retain counsel, auditors, accountants, appraisers and other persons or
services that may be necessary lor or incidental to any of the activities describeo in
this document.
(c) To do and perform, or cause to be per{ormed, all other necessary acts
and services suitable or incidental to any of the foregoing purposes and objects to the
fullest extent permitted by law, and to acquire, sell, mortgage, lease or encumber any
real or personal property for these purposes.
(d) To promote the health, safety, welfare and common benefit of the
resicjents of the Common lnterest Community.
(e) To do any and all permitted acts, and to have and to exercise any and
all powers, rights and privileges which are granted to a Common lnterest Community
Association under the Act, the Declaration, the Bylaws, and the laws applicable to a
nonprofit corporation of the State of Colorado.
The foregoing statements of purpose shall be construed as a statement of both
purposes and powers. The purposes and powers stated in each clause shall not be
limited or restricted by reference to or inference from the terms or provisions oi any
other clause, but shall be broadly construed as independent purposes and porvers.
The Association shall not, except to an insubstantial degree, engage in any activities
or exercise any powers that are not in furtherance of the primary purposes of the
Association.
ARTICLE V
MEMBERS
Every person, by virtue of being a Unit Owner and while such person is a Unit
Owner, shall be a member of the Association. Membership shall be appurtenant to
and may not be separated from Ownership of any Unit. Membership shall be
automatically transferred upon the conveyance of a Unit. No Unit Owner, whether one
or more persons, shall have more than one membership per Unit owned, but all of the
persons owning each Unit shall be entitled to rights of membership and use and
enjoyment appurtenant to such Ownership. Voting shall be based on one vote per
Unit. The members shall be of one class as defined in the Declaraiion. Unit Owners
shall elect all members of the Executive Board and shall otherwise have all rights of a
Unit Owner as provided by the Act. Notwithstanding the foregoing, during thL period
of Declarant control as defined in the Act and in the Dectaration, the Declarant of the
Common lnterest Community shall have certain superseding rights and powers as
permitted under the Act and the Declaration, including the right to appoint members of
the Executive Board. Holders of Security lnterests in the Units may have, or be
granted, rights of approval or disapproval for certain actions of the Association or its
members.
ARTICLE VI
EXECUTIVE BOARD
The initial Executive Board shall consist of three (3) persons, and this number
may be changed by a duly adopted amendment to the Bytaws, except that in no event
may the number of directors be less than three (3). The names and addresses of the
persons who shall serve as directors until their successors shall be elected and
qualified are as follows:
Name
Wilmer C. Allen
Anneliese K. Allen
Sonya E. Allen
Address
1215 County Road 111
Carbondale, CO 81623
'1215 County Road 111
Carbondale, CO 8'1623
1215 County Road 111
Carbondale, CO 81623
a\n!.!W16rE
ARTICLE VII
LIMITATION OF LIABIL]TY
The Association shall indemnify its directors and officers to the fullest extent
permitted by Colorado law as the same now exists or may hereafter be amended.
The personal liability of a director or officer to the Association or its members for
monetary damages for breach of fiduciary duty as a director or officer is limited to the
fullest extent permitted by Colorado law as the same now exists or may hereafter be
amended. The foregoing provisions of this Article shall be deemed to be a contract
between the Association and each director and officer who serves in such capacity at
any time while this Article is in efiect, and any repeal or modification hereof shall not
affect the rights or obligations then or theretofore existing or any action, suit or
proceeding theretofore or thereafter brought based in whole or in part upon any such
stated facts. The foregoing right of indemnificaiion shali noi be cjeemed exclusive of
any other rights to which any director or officer may be entitled apart from the
provisions of this Article.
ARTICLE VIII
INITIAL REGISTERED OFFICE AND AGENT
The address of the initial registered office of the Association is Wilmer C. Allen.
The name of its initial registered agent at such address is 1215 County Road 111,
Carbondale, Colorado, 81623.
ARTICLE IX
INCOHPORATOR
The name of the incorporator is Wilmer C. Allen and the incorporator's address
is 1215 County Road 111, Carbondale, Colorado,81623.
ARTICLE X
AMENDMENT
Amendment of these Articles shall require the assent of at least 67 percent of
the Members.
lN WITNESS WHEHEOE, the undersigned
Articles of lncorporation 16;s ]I day of Febr-uary,
has subscribed his to these
Wilmer C. Allen, lncbrporator
The undersigned, Wilmer C. Allen, hereby consents to appointment as the initial
registered agent as provided above.
Wilmer C. Allen
e\trt\&lY^,.:*|rc
d
BY.LAWS
OF
MOUNTAIN MEADOWS AT PRINCE CREEK
HOMEOWNERS ASSOCIATION
INTRODUCTION
These Bylaws of Mountain Meadows at Prince Creek Homeowners Association,
(the "Association") are adopted for the regulation and management of the Association in
conformance with the Colorado Nonprofit Corporation Act, C.R.S. 7'20-101, et seq., as
amended from time to time (the "Nonprofit Corporation Act") and the Colorado Common
lnterest Ownership Act, C.R.S. 38-33.3-101, et seq., as amended f rom time to time (the
"Act"). The Association is referenced in the Declaration of Covenants, Conditions,
Restrictions and Easements (the "Declaration") for the Mountain Meadows Subdivision,
located in Carbondale, Colorado, which Declaration is to be recorded in the Office of the
Clerk and Recorder of Garfield County, Colorado. The Association is to operate the
Common lnterest Community for same, in accordance with the requirements for an
association of Unit Owners charged with the administration of property under the Act.
Each capitalized term not othenruise defined in these Articles shall have the meaning
specified or used in the Act or as defined in the Declaration. The term "Unit" shall mean
any lot shown on the Plat of Mountain Meadows at Prince Creek Subdivision which may
be conveyed in conformance with the laws of the State of Colorado. For purposes of
conforming the terms and provisions of these Bylaw to the terms and conditions of the
Act, the term "Lot" shall be analogous to the term "Unit" as that term is defined in the Act
and the term "Lot Owner" shall be analogous to the term "Unit Owner" as that term is
defined in the Act.
ARTICLE I
UNIT OWNEHS/MEMBERS
1.'l Unit Owners/Members. Every Unit Owner while such person is a Unit
Owner, shall be a Member of the Association. Membership shall be appurtenant to and
may not be separated from rip of any Unit. No Unit Owner, whether one or more
membership per Unit owned, but all of the persons
to rights of membership and use and enjoyment
persons, shall have more one
owning each Unit shall be entitled
appurtenant to such ip.
1.2 Annual . Annual meetings of Members shall be held in December
d time as set forlh in the notice. At the annual meetings,of each year on such date
the Directors of the Ex ive Board shall be elected by ballot of the Members, in
accordance with the provisi ns of Article ll of these Bylaws. The Members also shall set
a time (within '10 days of
meeting of the Executive
such annual meeting) and place for the first regular
rd. The Members may transact other business as may
properly come before thern at these annual meetings.
il r\. "'|1\l!),\\\lrr\
1.3 Special Meetings. Special meetings of the Association may be callec cy
the president, by a majority of the Directors of the Executive Board or by Mernoers
comprising 20 percent of the votes in the Association.
1.4 Place of Meetings. Meetings of the Members shall be held at the Propefiy
or at a suitable place convenient to the Members, as may be designated by the Executive
Board.
1.5 Notice of Meetings. The secretary or other officer specified in the Bylaws
shall cause notice to be hand delivered or sent prepaid by United States mail to the
mailing address of each Unit or to the mailing address designated in writing by the
Member, not less than ten (10) nor more than fifty (50) days in advance of a meeting.
Such notice shall state the time and place of the meeting and the items on the agenda,
including, if applicable, the general nature of any proposed amendment to the Declaration
or these bylaws, any budget changes, and any proposal to remove an officer or member
of the Executive Board. No action shall be adopted at a meeting except as stated in the
notice.
1.6 Waiver of Notice. Any Member may, at any time, waive notice of any
meeting of the Members in writing, and the waiver shall be deemed equivalent to the
receipt of notice.
1.7 Adjournment of Meeting. At any meeting of Members, a majority of the
Members who are present at that meeting, either in person or by proxy, may adjourn the
meeting to another time.
1.8 Order of Business. The order of business at all meetings of the Members
shall be as follows:
(a) Roll call or equivalent check-in procedure of Members present and entitled
to vote:
(b) lnspection and verification of proxies
(c) Proof of notice of meeting;
(d) Reading of minutes of preceding meeting;
(g)
and noticed);
(h)
Repofts of officers;
Committee reports;
Establish nrrJ., and terms of Directors of the Executive Board (if required
Election of insf,ectors of election (when required);
2
(e)
(f)
il fF\ \tlt\B\'l-\ui ltrA
Election of Di rs of the Executive Board (when required);
Establish a ti (within 10 days of the annual meeting) and place for the
first regular meeting of the utive Board;
(i)
(i)
Ratification of
Unfinished
(m) New business
1.9 Voting. Voti
be of one class as defined
(k)
(t)
(if required and noticed);
and
shall be based on one vote per Unit. The Members shall
the Declaration.
(a) lf only one of co-owners of a Unit is present at a meeting of the
Association, the owner t is entitled to cast the vote allocated to the Unit. lndividual
co-owners may not cast fr votes. lf more than one of the co-owners are present,
the vote allocated to the
majority in interest of the
may be cast only in accordance with the agreement of a
There is majority agreement if any one of the co-
owners casts the vote al to the Unit without protest being made promptly to the
person presiding over the ing by another co-owner of the Unit, in which case such
Member's vote shall not be
the Declaration.
unted. The Members shall be of one class as defined in
(b) Votes a to a Unit may be cast under a proxy duly executed by a
Member, provided that any
least 24 hours prior to the
shall be filed with the Secretary of the Association at
of any meeting. lf a Unit is owned by more than one
person, each owner of the
other owners of the Unit th
may vote or register protest to the casting of votes by the
a duly executed proxy. A Member may revoke a proxy
given under this section on by actual notice of revocation to the person presiding over
A proxy is void if it is not dated or purporls to be revocablea meeting of the A
without notice. A proxy
term.
one year after its date, unless it specifies a shofier
(c) The vote of a rporation or business trust may be cast by any officer of
that corporation or busines
a specific person by the
trust in the absence of express notice of the designation of
of directors or bylaws of the owning corporation or
business trust. The vote a paftnership may be cast by any general partner of such
entity in the absence of
owning paftnership. The
notice of the designation of a specific person by the
of a limited liability company may be cast by any manager
of such entity in the of express notice of the designation of a specific person by
company. The moderator of the meeting may requirethe owning limited liability
reasonable evidence that a n voting on behalf of a corporation, parlnership, limited
liability company or bus trust owner is qualified to vote.
I 't, ",\,\\\ll'
1 .1 0 Quorum.present in person or by proxy at any meetrnE of
Members but no less than percent of the Members, shall constitute a quorum at that
meeting.
1.11 Majority Vote.The vote of a majority of the Members present in person or
by proxy at a meeting at a quorum is present shall be binding upon all Members
a higher percentage vote is required in the Declaration,for all purposes except
these Bylaws or by law.
ARTICLE I
EXECUTIVE BOARD
2.1 Number and fication. The affairs of the Common lnterest Community
and the Association shall be
(3) persons to be known as
med by an Executive Board which shall consist of three
"Directors", who, excepting the Directors appointed by the
Declarant, shall be Unit rs. lf any Unit is owned by a partnership or corporation,
any officer, paftner or empl of that Unit Owner shall be eligible to serve as a Director
Declarant. Directors shall rue until their successors are duly elected and qualified.
Powers and Duties. The Executive Board may act in all instances
and shall be deemed to be
Directors shall be elected
Association to be held as h
on
of
2.2
of the Association, except as provided in the Declaration, the Articles
on of the Association (the "Articles"). these Bvlaws or the Act. The Execul
Unit Owner for the purposes of the preceding sentence.
the Unit Owners, except for those appointed by the
'erm of Office. At annual meetings of the Members of the
:rein provided, the terms of office of the Directors may be
will be a carryover of old Directors at each annual meeting,
be designated thereafter, provided that nothing herein
behalf
lncorporation of the Association (the "Articles"), these Bylaws or the Act. The Executive
Board shall have, subject to the limitations contained in the Declaration, the Articles and
the Act, the powers and necessary for the administration of the affairs of the
Association and of the C on lnterest Community, which shall include the powers and
duties set forth in the D
2.3 Election and
fixed for such period of as the Members entitled to vote may determine, and such
terms may be staggered,is to say, various Directors may be elected for terms of
different lengths so that the
and only new Directors w
contained shall prevent the of a Director whose term has expired to a new term
as such Director. At any ting at which Directors are to be elected, the Members may,
by resolution, adopt specific
the Corporation Laws of the
rocedures which are not inconsistent with these Bylaws or
State of Colorado for conducting the elections.
2.4 Vacancies. V es in the Executive Board, caused by any reason other
than the removal of a r by a vote of the Members, may be filed at a special
meeting of the Executive B held for that purpose at any time after the occurrence of
the vacancy, even though Directors present at that meeting may constitute less than
filled in the following manner:a quorum. Vacancies shall
ri m A6 c\l-\*s ll)1 4
(a) As to es of Directors whom Members other than the Declarant
transfer of such Director's of a Unit.
2.5 Removal of Members, by a majority vote of all persons present
and entitled to vote, at any ng of the Members at which a quorum is present, may
remove any Director of Executive Board, other than a Director appointed by the
Declarant, with or without
2.6 Regular
following each annual
The first regular meeting of the Executive Board
of the Members shall be held within 10 days after the
annual meeting at a time
elected, by a majority of the
and
(b) As to
by the Declarant.
Each person so
term of the Director so
vacant when such Director
Executive Board shall
elected Directors in order
of the Directors shall
ining elected Directors constituting the Executive Board,
of Directors whom the Declarant has the right to appoint,
or appointed shall be a Director for the remainder of the
The term of office of any Director shall be declared
to be a Member of the Association by reason of the
place to be set by the Members at the meeting at which the
been elected. No notice shall be necessary to the newly
legally constitute such meeting, provided a majority of the
:ors. At all meetings of the Executive Board, a majority
a quorum for the transaction of business, and the votes
Directors are present. The Executive Board may set a schedule of additional regular
no further notice is necessary to constitute regular meetings.meetings by resolution,
2.7 Special Special meetings of the Executive Board may be called
by the President or by a of the Directors on at least three (3) business days'
notice to each Director.notice shall be hand delivered or mailed and shall state the
time, place and purpose of meeting.
2.8 Location of ngs. All meetings of the Executive Board shall be held
within the County of unless all Directors consent in writing to another location.
2.9 Waiver of
Director may, in writing,
equivalent to giving of
Before or at any meeting of the Board of Directors, any
notice of such meeting, and such waiver shall be deemed
notice. Attendance by a Director at any meeting of the
Executive Board shall a waiver of notice. lf all the Directors are present at any
meeting, no notice shall
meeting.
required, and any business may be transacted at such
2.10 Quorum of
of a majority of the Directo
constitute a decision of the
present at a meeting at which a quorum is present shall
Board. lf, at any meeting, there shall be less than
a quorum present, a maj of those present may adjourn the meeting. At any
adjourned meeting at whi a quorum is present, any business which might have been
ly called may be transacted without further notice.
5
transacted at the meeting
ilJf,\ \ill\;rl\r\li,1
2.11 Comp . A Director shall not receive a fee from the Associaitci^, ;or
y be set by resolution of the Members, but may recei'le
expenses actually incurred in connection with the Direcior's
acting as a Director, as
reimbu rsement for necessa
duties. Directors acting as shall not be compensated for those duties,
2.12 Consent to C Action. lf all the Directors or all Directors oi a
committee established for s purposes, as the case may be, severally or collectively
taken or to be taken by the Association, and the numcerconsent in writing to any
of the Directors constitutes quorum, that action shall be a valid corporate action as
though it had been authori at a meeting of the Executive Board or the committee, as
2.13 Telephone Co
a meeting of the Executive
method whereby the Di
on any matter properly brought before the Executive
all be counted and the presence noted as if that Director
were present in person on at pafticular matter.
2.14. Manager or Agent. The Executive Board may engage the
seruices of a manager or ing agent for the purpose of administering and carrytng
out the purposes and of the Declaration; provided, however, the manager or
managing agent shall not h authority to levy assessments or to take action which
in and to such owner's Unit, or his interest in the common
the case may be. The
meetings of the Executive
deliberations of the other Di
Board. The Director's vote
affects the title of a Membe
elements, which rights shall
the Members of the
Declaration or the Act.
2.15 Indemnilicati
to the Members of the Ass
negligence, or othenruise, e,
Association shall indemnify
Board against all contractu
Executive Board on behalf
any act pedormed pu
adjudged guilty of wanton
as Directors. Without limi
ry shall file'these consents with the minutes of the
munication in Lieu of Attendance. A Director may attend
oard by using an electronic or telephonic communication
may be heard by the other Directors and may hear the
reserued to the Board of Directors, subject to the vote of
on as provided in the Articles or these By-Laws, the
. The Directors of the Executive Board shall not be liable
iation or to any other person for any mistake of judgment,
in the event of wanton and willful acts or omissions, The
hold harmless each of the Directors of the Executive
liabilities of others arising out of contracts made by the
the Association and its Members, and in connection with
to the Declaration, unless such Director or Directors are
willful acts dr omissions in the pedormance of their duties
the forgoing, the Directors of the Executive Board of the
Association shall have the ilities, and be entitled to indemnification, as provided in
Colorado's nonprofit corpo laws.
ARTICLE III
OFFICERS
3.'1 Designation.principal officers of the Association shall be the president,
the vice president, the and the treasurer, all of whom shall be elected by the
Executive Board. The Ex
ll m \r rr\ lYllu\ llr^
tive Board may appoint an assistant treasurer, an assistant
secretary and other as it finds necessary. The president and vice president, but
Directors. Any two offices may be held by the same person,no other officers, need to
except the offices of and secretary. The office of vice president may be vacant.
3.2 Election of
annually by the Executive
Board. They shall hold offi
3.3 Removal of
The officers of the Association shall be elected
at the organizational meeting of each new Executive
at the pleasure of the Executive Board.
Upon the affirmative vote of a majority of the
Directors, any officer may removed, either with or without cause. A successor may be
elected at any regular ng of the Executlve Board or at any special meeting of the
Executive Board called for at purpose.
3.4 President.e president shall be the chief executive officer of
Association. The shall preside at all meetings of the Members and of
Executive Board. The shall have all of the general powers and duties which are
incident to the office of
the State of Colorado,
of a non-stock corporation organized under the laws of
the
the
among the Members from
assist in the conduct of the
of treasurer in the absence
and may execute, certity,
Declaration and these
all receipts and disbu
treasurer shall be
approval of the pafticular as applicable.
3.5 Vice The vice president shall take the place of the president and
perform the president's d
neither the president nor
whenever the president is absent or unable to act. lf
appoint some other
e vice president is able to act, the Executive Board shall
to act in the place of the president on an interim basis. The
vice president shall also pe
president.
other duties required by the Executive Board or by the
3.6 Secretary.secretary shall keep the minutes of all meetings of the
Members and the Exec Board. The secretary shall have charge of the Association's
books and papers as the tive Board may direct and shall perform all the duties
incident to the office of
the State of Colorado.
ry of a non-stock corporation organized under the laws of
amendments to the and the Bylaws on behalf of the Association, following
particular amendment as applicable.authorization or approval of
3.7 Treasurer.treasurer shall be responsible for Association funds and
securities, for keeping full
but not limited to the power to appoint committees from
to time as the president may decide is appropriate to
affairs of the Association. The president may fulfill the role
of the treasurer. The president may cause to be prepared
record amendments, attested by the secretary, to the
on behalf of the Association, following authorization or
secretary may attest to the execution by the president of
accurate financial records and books of account showing
and for the preparation of all required financial data. The
for the deposit of all monies and other valuable effects in
depositories designated by Executive Board and shall perform all the duties incident
to the office of treasurer of non-stock corporation organized under the laws of the State
of Colorado. The treasurer
il fs \iijI [t t_\$s Bri
endorse on behalf of the Association, for collection only,
checks, notes and other igations and shall deposit the same and all monies in lne
name of and to the credit of the Association in banks designated by the Executive Bcard.
Except for reserye funds d below, the treasurer may have custody of and shall
have the power to endorse
other investment instrumen
transfer, on behalf of the Association, stock, securities or
owned or controlled by the Association or as fiduciary fcr
others. Reserve funds of
in prudent investments, as
from these reseryes for the
e Association shall be deposited in segregated accounts or
he Executive Board determines. Funds may be withdrawn
the Members, for acting as an officer. An officer may also
necessary expenses actually incurred in connection with
purposes for which they were deposited, by check or order,
authorized by the trea and executed by two Directors, one of whom may be the
treasurer if the treasurer is a Director.
3.8 Agreements,ntracts, Deeds, Checks and Other lnstruments. Except
Bylaws, all agreements, contracts, deeds, leases, checksas otherwise provided in
and other instruments of Association may be executed by any officer of the
Association or by any oth person or persons designated by the Executive Board.
3.9 Gompensati . An officer may receive a fee from the Association, in an
amount set by resolution
receive reimbursement for
Association duties.
3.10. lndem . Officers of the Association shall be indemnified for any
act they may pedorm upon ehalf of the Association in the same manner herein provided
for indemnification of the rd of Directors. Without limiting the forgoing, the officers of
the Association shall have liabilities, and be entitled to indemnification, as provided
in Colorado's nonprofit on laws.
3.11 Statements Unpaid Assessments. The treasurer, assistant treasurer,
Association or, in their absence, any officer having accessa manager employed by
to the books and records of t
of unpaid assessments, in
Association may charge
assessments. The amount
Association may prepare, certify, and execute statements
this fee and the time of payment shall be established by
accordance with Section 38-39.9-316 of the Act. The
reasonable fee for preparing statements of unpaid
rd. The Association may refuse to furnish statements of
fee is paid. Any unpaid fees may be assessed as a
resolution of the Executive
unpaid assessments until
Common Expense against t Unit for which the statement is furnished.
ARTICLE IV
ENFORCEMENT
4.1 Abatement Enjoinment of Violations by Members. The violation of
any of the Rules and Regu adopted by the Executive Board or the breach of any
provision of the Declaration
hearing, except in case of
Bylaws:
shall give the Executive Board the right after notice and
emergency, in addition to any other rights set forth in these
il a. {llrxt\r \*1lk)A 8
defaulting Member, any thing or condition (except for additions or alterations
(a) To enter the
violation or breach exists
of a permanent nature that
to the Common Elements
Declaration. The
(b) To enjoin,
or in equity, the
4.2 Fine for
Executive Board may levy
Declaration or Rules and
5.1 Records.
they are applicable:
(a) An account
each Member, the name
Association that it holds a
assessment, the dates on
account and the balance
(b)
Member;
or Limited Common Element in which, or as to which, the
to summarily abate and remove, at the expense of the
may exist in that Unit) that is existing and creating a danger
to the intent and meaning of the provisions of the
Board shall not be deemed liable for trespass by this action;
r or remedy by appropriate legal proceedings, either at law
of any breach.
ttion. By resolution, following notice and hearing, the
fine of up to $25 per day for each day that a violation of the
lations persists after notice and hearing.
ARTICLE VI
RECOBDS
Association shall keep the following records to the extent
each Unit, which shall designate the name and address of
address of each morlgagee who has given notice to the
on the Unit, the amount of each Common Expense
each assessment comes due, the amounts paid on the
An account each Member showing any other fees payable by the
(c) A record of
Executive Board for the
(d) A record of amount and an accurate account of the current balance ofany reserues for capital
(e) The most
The current
A record of the
capital expenditures in excess of $1,000 approved by the
nt and next two succeeding fiscal years;
Iitures, replacement and emergency repairs, together with
of reserves designated by the Association foi a specific
regularly prepared balance sheet and income and expense
budget;
cost, irrespective of discounts and allowances, of the
the amount of those
project;
statement of the
(f)
(g)
maintenance
ll JRs \lu-sttt-\ws tx)A
of the Co Elements;
(h) All insurance
Association, or its Directors
(i) The original
the Association's Adicles
policies then in force, in which the Unit Owners, tne
named as insured persons;r officers are
a certified copy of the recorded Declaration, as amended,
' lncorporation, Bylaws, Minute Books, other books and
plans and specifications used in the construction of
n elements in the common interest community;
it Owners have any obligation to pay a fee to the persons
records and any Rules and lations which may have been promulgated;
(j)An inventory of the Association's tangible personal property;
(k) Copies
improvements in the
of
com
(l) Employment racts in which the Association is a contracting parly;
(m) Any service ract in which the Association is a contracting parly or in
which the Association or the
performing the seruices;
(n) A record of alterations or improvementsi to Units or Limited Common
of which the Executive BoardElements which violate any
has actual knowledge;
isions of the Declaration
(o) A record of a violations, with respect to any poftion of the Common
lnterest Community, of
regulations of which the
(p) A record of
existence of any pending su
5.2 Records Ava
manager employed by the
any Member, any holder of
any of their duly authorized
the records, during normal
, safety, fire or building codes or laws, ordinances, or
ve Board has actual knowledge; and
unsatisfied judgments against the Association and the
in which the Association is a defendant.
ity. All records maintained by the Association or a
riation shall be available for examination and copying by
Security lnterest in a Unit or its insurer or guarantor, or by
or attorneys, at the expense of the person examining
siness hours and after reasonable notice.
to all Members and to all holders of Security lnterests in
Association that they hold a Security lnterest in a Unit.
ARTICLE VII
GENERAL
6.1 Notices. All tices for the Association or the Executive Board shall be
delivered to the office of the iation, or to such other address as the Executive Board
may designate by written
the Units who have notified
Except as othenrvise prov all notices to any Member shall be sent to the Member's
address as it appears in the
lnterests in the Units shall
of the Association. All notices to holders of Security
sent by registered or certified mail to their respective
addresses, as designated them in writing to the Association. All notices shall be
10
deemed to have been
shall be deemed to have
6.2 Waiver. No
Bylaws shall be deemed to
enforce the same, i
6.3 Amendment.
67 percent of the
would affect or impair the
or which would otherwise
security interests of record.
ATTEST:
Cedified to be the Bylaws
PRINCE CREEK HOME
when mailed, except notices of changes of address, which
given when received.
condition, obligation or provision contained in these
been abrogated or waived by reason of any failure to
of the number of violations or breaches which may occur.
Bylaws may be amended only by the assent of at least
No amendment of these Bylaws shall be adopted which
or priority of any security interest encumbering any Unit
the proviSions of the Bylaws with respect to such
adopted by the Directors of MOUNTAIN MEADOWS AT
ERS ASSOCIATION, dated January _, 1996.
President - Wilmer C. Allen
1t
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2n7
March 14, 1996
r 'i t'i' )1 ;
* f I t I t --
."w
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
Mark Bean, Garfield County Planner
Garfield County Courthouse
109 Eighth Street
Glenwood Springs, CO 81601
Don DeFord, Garfield County Attorney
Garfield County Courthouse
109 Eighth Street
Glenwood Springs, CO 81601
Robert B. Emerson, Esq.
86 South Third Street
Carbondale, CO 81623
HAND DELIVERED
HAND DELIYERED
Transmitted Via Telecopier Only
Telecopier No. (970) 963-0985
Re:
Gentlemen:
Following this letter are copies of changes made in five (5) sections of the Covenants for
Mountain Meadows at Prince Creek Subdivision. The changes appear in Sections 3.2(b),3.5,
3.5(b), 7.3 and 8.18. The balance of the Covenants remain as specified on February 3,1996,
under the prior "marked" copy provided. Also enclosed is a revised Quit Claim Deed to the
Association addressing the surface irrigation rights. If you have any questions, additions or
corrections, please advise at y,our first opportunity.
Mountain Meadows at Prince Creek
JRS/clh
Enc.
cc: Dr. and Mrs. Wilmer C.
II:UlS\Al-UIN\CROtlP.2
Allen
o
P.C.
o
not
6e analogous to the term 'Unit" as that term is defined in the
2.4 "I-otowne!"meatr an owner of a [.ot shown on the Plat of Mountain
ision. For purposes of conforming the terms and provisions
O) n The surface water and water rights, ditch and ditch rights appurteDant to the
Properry defifubred*from the East Mesa Water Company, which shall include, without limitation,
^an undivided one-fihtf (th) of the amount allocated to Grantee in the Agreement dated May 15,
'\975, and recorded May 20, !975, in Book 474 at Page 116 as Reception No. 267669 of the
records of Garfield County, (hereafter the "Daly Agreement'), which@
16.5 shares of stock in the East Mesa Ditch Co.p*i,Iogttnti *irU *'@
shrub or tree repair or
exterior appearances.
of a maguitude which does change exterior colors or
any lot shown on the Plat of Mountain Meadows at Prince Creek
inconformance with the laws of the State of Colorado. For
purposes of conforming the
of the Act, the term "Lot"
Act.
and provisions of this Declaration to the terms and conditions
Meadows at Prince Creek
of this Declaration to the and provisions of the Act, the term "Lot Owner' shall be
analogous to the term 'Unit n as that term is defined in the Act.
DESCRIPTI
ARTICIE M
OF COMMON INTEREST COMMI.JMTY
3.1 Units. The number of Lots in Mountain Meadows at Prince Creek is
eight (8) single family Ints.
The Common Elements include:
(a) All water and water rights appurtenant to the Property, including all
well and well rights, all rights, a proportionate share of a contract with the Basalt
2.3 'f.o1'shall
Subdivision which may be
Water Conservancy District,
decreed in Case No. 95 CW
Mountain Meadows Well No.
(c) All private
Road 111 including Allen
3.2
rights attributable to Declarant in respect to the Property as
I in the District Court, Water Division No. 5, issued for the
l, together with all well casing, scrcens, pumps, piping, storage
tank, valves, hydrants and
point of individual service
appliances for the domestic water system from any well to the
any lot in Mountain Meadows at Prince Creek;
1980,^itr the Quit Claim Deed recorded as No.in Book _ at Page _
, L996, and in Quit Claim Deed recorded as
s reservatron
interest in watei-and water rights and in the Daly Agreement;
over and across the Property providing access to County
interest in all underground irrigation piping ana afi
proportionate interest in the delivery system to the Property, zubject always to the rights of the
holders of trro (2) undivided 1/16th interests in the Daly Agreement as described in the
document recorded as Reception No. 301854 in Book 544 at Page 155 on Febnrary 11, 1980,
in the document recorded as Reception No. 306879 in Book 554 atPage 642 on August 26,
and
o
access and(d) All utility easements depicted on the Plat of Mountain Meadows at
Prince Creek and other nts depicted on said Plat or described below, all of which are
for the common use and enjoyment of Lot Owners and theirdesignated by this
families, tenants, guests and
rights and obligations of the
the management and control
itees and not for the public. The Association, zubject to the
Owners set forth in this Declaration, shall be responsible for
The undivided interest in the Common Elements, the
the Common Elements.
3.3
the Allen Court access road
Owner of Lot 8 shall have
Owners and shall not be
3.5
Common Expense liability votes in the Association allocated to each Lot Owner shall be
allocated to each Lot and as follows:
(a)
each Lot;
the undivided i in Commort Elements, on the basis of an equal interest for
O) the percentage liability for Common Expenses, on the basis of equal liabitity
for each Lot, Provi6gd that,the extent any Common Expense is attributable to the domestic
to the Mountain Welt No. 1, the operation and maintenance of
the gas main and telephone lines serving Lots 1 though 7, the
obligation for same (since zuch Lot will not be served by or
Qemmon Elements); and
potable water system
otherwise be benefited by
(c) the number of in the Association, on the basis of one vote per [ot.
3.4 Water Rights. By separate instrumeils, Declarant shall transfer
to the Association all water water rights appurtenant to the Property described in Section 3.2
above, zubject to the interests iously conveyed or reserved as described above. Such water
and water rights shall be he by the Association in trust for the use and benefit of the Lot
leased, conveyed or encumbered by the Association.
. The domestic potable water system and the irrigation
system, including all pumps,distribution lines and facilities, will be owned, operated and
maintained by the common with the owners of the Lots and the
ided that no shall be taken by the Association or
Owner that or in any way interfere with the exercise of the ri of the
the Declarant as described in Section above to receive ail
said svstem to which such entitled.
161 tlperations lircl charged as a
Common Expense to the lpt Owners. Each [.ot Owner and the Executive Board shall cooperate
with the applicable public health and other governmentai officials to comply all laws and
regulations governing the use of such systems and rights.
Wittrout limiting the foregoing each Lot Owner will observe the following:
(a) Each Lot Owner shall adhere to the tenns of any water rights decrees and perrnits
affecting water service on and to the Property and other water rights arising on or carried
through the Property, including carriage rights of other owners of interest in the East Mesa
Water Company, including, without limitation, the Agreement dated May 15, 1975, and
recorded May 20, L975, inBook 474at Page 116 as ReceptionNo. 267669, the Well, Water
and Road Agreement dated February 7, 1980, recorded February 22,1980, in Book 544 atPage
55 as Reception No. 301857 and the Well Water and Road Agreement dated August 22, 1980,
andrecordedAugust26,l980,inBook554atPage642asReceptionNo.306879;
(b) Without limiting the foregoing, the utilization of irrigation water from the East
Mesa Water Company shall be coordinated with the other owners of interests in zuch water :
rights which include access easementsrl@plpg[ines anclalong ditch rights of way for repair,
ctianing and maintenance; 'r---
(c) The irrigation system shall be regulated and operated at all times in a manner so
as to balance the use of the irrigation water by all persons entitled to the benefit of zuch water
and shall not discriminate against or othenrise ldversely impact the owners of shares in such
water who are not members of the Association (to-wit: owners of the remaining one-half
interest);
(d) Each Lot Owner shall be responsible for the operation and maintenarce of a curb
stop valve and, if reasonably necessary as determined by the Association to regulate the use of
irrigation water, a totalizing flow meter for the irrigation water lines servicing each zuch Lot;
(e) Any capital improvements or modifications reErired to the irrigation system due
to any change to residential use made on L,ots 1 through 7 shall be paid exclusively by the Lot
Owner making such change and shall not be chargeable to the rc66ining owners of interests in
the irrigation system;
(0 Each Lot Owner will own and be responsible for all costs, expenses and liabilities
for service lines from zuch [,ot Owner's point of connection to the Association's distribution
lines, whether to the irrigation or domestic systems;
(g) The Owner of Int 8 will not be entitled to any portion of the water or water righ6
from Mountain Meadows Well No. l, and shall not be charged with any costs for oPeration or
maintenance but instead shall be entitled to a one-third interest in the Allen Well, Permit No
80997 in accordance with the Well, Water and Road Agrcement dated February 7, 1980,
recorded February 22, lg8}, in Book 544 at Page 155 as Reception No. 301857 and the Well
Water and Road Agreement dated August 22, 1980, and recorded August 26, L980, in Book 554
at Page 642 as Reception No. 306879;
(h) There will be no cross connection made between the Allen Well and the Mountain
Meadows Well No. 1;
(i) Each Lot Owner of l"ots 1 through 7 shall be responsible for the operation and
maintenance of a curb stop valve and a toulizing flow meter for the water lines servicing each
such Lot from Mountain Meadows Well No. 1;
0) Each new dwelling will include a self-contained water storage and pumping system
for domestic potable water service using an in-house booster pump and hydroneumatic pressure
tank to provide zufficient water pres$ue as well as plumbing fixtures using current low water
use technology;
o
o
employees, agents or consultatrts shall be responsible in any way for any defects in any plans
or specifications zubmitted, revised or approved in accordance with the provisions of the
Declaration, nor for any structural or other defects in any work done according to zuch plans
and specifications.
ARTICLE VII
CONSTRUCTION AND ALTERATION OF IMPROVEMENTS
7.L General. The Design Guidelines and the provisions set forth in these Covenants
shall govern the right of a Lot Owner to construct, reconstruct, refinish, alter or maintain any
Improvement upon, under or above any of Mountain Meadows at Prince Creek, and to make or
create atry excavation or fill on Mountain Meadows at Prince Creek, or make any change in the
natural or existing surface contour or drainage, or install any utility line or conduit on or over
Mountain Meadows at Prince Creek.
7 .2 Approval Required. No Improvement in Mountain Meadows at Prince Creek shall
be erected, placed, reconstructd, replaced, repaired or otherwise altered, nor shall any
construction, repair or reconstruction be commenced until plans for zuch Improvement shall have
been approved by the Association; provided, however, that Improvements and alterations which
are completely within a stnrcture may be undertaken without zuch approval.
7.3 Specific Requiremens for Buildines. Subject to governmental regulations, no
buildings shall be placed, erected, altered or permitted to remain on any Lot other than one (1)
single family dwelling, one (1) attrched or detached garage@_one (1) other non-residential
ouiblrildiog other than a garage trot exceeding one hundred (10b) square feet. All buildings shall
be located wholly within the building envelope designated for a Lot as depicted on the Plat,
provided that no building envelope shall be designated for lnt 8. The building size of the
prin ipat dwelling on any Irt shal not be less than 1,500 feet nor more than 6,000 square feet,
ixclusive of all areas utilized for garages and open porches. New construction on each [,ot will
include plumbing fixtures using low water use technology. All Lots will utilize white or earth
tones for exterior surfaces and non-reflective roofing materials. All constnrction materials shall
be new, except for the limited use of antique treatments, fixtures and accessories. No building
or structure originally constructed at another location shall be moved onto any [nt.
7.4 Mt. Sopris View Corridor. No building shall be constructed as to significantly
interfere with the view of Mt. Sopris from any other Lot.
7.5 Buildine Height Limitation. On [ots 1, 2, 3 atd 7, to building shall exceed a
height of rwenty feet (20') nor shail any building contain more than one (1) fulI story above the
natural grade. On Lots 4, 5 , 6 and 8, no building shall exceed a height of trvenry-five feet (25') .
7.6 Fireplaces and Stoves. [n order to protect against air quality degradation from
the utilization of solid fuel burning devices, no open hearth solid fuel freplaces shall be allowed.
There shall be no restriction on the number of natural gas burning fireplaces or appliances.
Each dwelling unit will be allowed one (1) new wood-burning stove as defined by C.R.S. 25-7-
401, et. seq., and the regulations promulgated thereunder. This Section shall not apply to
fixtures now in place in the existing dwelling located on Int 8.
11
o
which isperrrit any noise or disnubance on their respective los
otherwise detrimental to any other person.
8.19 Maintenance of Landscaping. Each Lot Owner shall keep the landscaping situate
on such Owner's Lot in a neat and well maintained fashion, shall properly irrigate the lawns aud
other planting on zuch I-ot and shall otherwise maintain the appearance of zuch Lot in a first
class condition.
offensive, disturbing or
the strface of the Property shall be used
gas, minerals, sand, gravel, rock, earth
shielded to prevent glare on adjacent Los or oltside the Property.
8.17 Obstnrctions. There shall be no obstnrctiotr or interference with the free use of
the roadway, water system or any easement, except as may be reasonably reErired for repairs.
The Association shall promptly take zuch action as may be necessary to abate or enjoin any
interference with or obstnrction of any easement. The Association shall have a right of entry
on any part of the Property for the purposes of enforcing this Section. Any costs incurred by
the Aisociation in conuection with zuch enforcement shall be assessed to the persons responsible
for the interference.
8.15 Odor.
offensive to others.
No odor shalt be emitted from any Lot which is noxious or unreasonably'
8.16 Lighting. All flood lighting, security lighting or other kinds of high intensity
lighting shall be directed downward and toward the interior of the Property and othenrise
8.20 . All Improvements corlmenced on the Property shall
be prosecuted diligently
commencement, unless an
8.2L Minerals.
exploration, extraction or
materials.
completion and shall be complete within 12 months of
ion is granted in writing by the Association.
No portion of
storage of oil,
for the
or other
hunting shall be allowed.
8.23 Nuisances. No obnoxious or offensive activity shall be carried on within the
Property so as to unreasonably interfere with or disnrrb the use, enjoyment and access of any
other oicupant of the Properly, nor shall anything be done, permitted or placed thereon which
is or may become a nuisance or cause an unreasonable offense, embarrassment, disnubance or
annoyatrce to others.
8.24 Compliance With Laws. Subject to the rights of reasonable contest, each [.ot
Owner shall promptly comply with the provisions of all applicable laws, regulations and
15
o
SC I[NK, KERST & deWINTER, P.C.
ATTORNEYS AT LAW
SUITE 310,302 EIGHTH STREET
GLENWOOD SPRINCS, COLORADO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2440
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
April 8, 1996
Mark Bean
Garfield County Planner
Garfield County Courthouse
109 Eighth Street
Glenwood Springs, CO 81601
Re: Mountain Meadows at Prince Creek
Dear Mark:
Following this letter is a replacement pages 4 and 18 for the Covenants. There was a
minor change in the Covenants to clarify the amendment provision and clearer provisions when
an unanimous consent will be required on major itemE If you have any questions, please advise.
truly
JRS/clh
Enc.
cc: Dr. and Mrs. Allen
HAND DELIYERED
Il:VN\At-lmMN.2
(d) All access and utility easenients depictecl on the Plat of Mountain Meadows at
Prince Creek and other easements depicted on saicl Plat or described below, all of which are
designated by this Declaration for the common use and enjoyment of l-ot Owners and their
families, tenants, guests and invitees and not fbr the public. The Association, subject to tlie
rights and obligations ol'the Lot Owners set lbrth in this Declaration, sltall be responsible for
the nranagernent and control of the Comruon Elements.
3.3 Allocatecl Interests. The undivicled interest in the Common lllements, the
Cornrnon Expense liability and votes in the Association allocated to each I-ot Owner shall tre
allocated to each Lot and calcr"rlated as fbllows:
(a)
each I-ot;
the undividecl interest in Common Elernents, on tlie basis of an equal interest fbr
(b) the percentage of liability fbr Commcln Expenses, on the basis of equal liability
for each Lot, provided that, to the extent any Common Expense is attributable to tlte domestic
potable water system connected to the Mountain Well No. 1, the operation and maintenance tlf
the Allen Court access road or the gas nrain and telephone lines serving Lots 1 though 7 , tlrc
Owner ol' Lot 8 shall have no obligation fbr same (since such Lot will not be served by or
otherwise be benefited by such Cornmort Elenrents); and
(c) lhc nuurber ol' vcltes in the Association, on tlte basis of one vote per Lot.
3.4 Conveyance of Water llights. By separate instruments, f)eclarant shall transfer
to the Association all water and water rights appurtenant to the Property described in Section 3.2
above, subject to the interests previously conveyed or reserved as described above. Such water
and water rights shall be hel<I by the Association in trust for the use and benefit of the Lot
Owners and shall not be sold, leasecl, conveyed or encumbered by the Association.
3.5 Water Systems Operation. The dornestic potable water systern and the irrigation
systeru, including all pumps, rtrain clistribution lines and ltrcilities, will be owned, operated and
ruraintained by the Association (with the irrigation svstem owned in common with tlte owners of
the f]xempt Lots and the Declarant) and provided that no action of any kind shall be taken by
the Association or any Lot Owner that may prcvent, reduse or in any way interf'ere with tlte
exercise of the lights of the owners of the Exenrpt Lots and the Declarant as described in Section
3.2(b) above to receive all irrigation water tlirough said system to whictr such persons are
lawfully entitled and liave historically received. All charges fbr operations (including all
contracts) shall be paid by the Association and charged as a Common Expense to the Lot
Owners. Each l-ot Owner and the Executive Board shall cooperate with the applicable public
health and other governmetrtal officials to cornply with all laws and regulations governing tlie
use o1'such systerns and rights.
Without linriting the lbregoing each Lot Owner will observe the fbllowing:
(a) Each Lot Owner shall adhere to the terms of any water rights decrees and pennits
affecting water service on ancl to the Property and other welter rights arising oI) or carried
tlrrorrgh the Property, including carriage rights ol' other owners of interest in the East Mesa
Water Contpany, including, without lirnitation, tlie Agreernent dated May 15, 1975, and
ll u(s\ l I l,N\lnrl^x^l (ctr r/l{Iri
o
12.5 Nonliabilitv. No member of the Executive Board, the Declarant, the Association
or any Lot Owner shall be liable to any other [,ot Owner for the failure to enforce these
Covenants at any time.
12.6 Recovery of Costs. If legal assistance is obtained to enforce any provision of
these Covenants, or in any legal proceeding (whether or not suit is brought) for damages or for
the enforcement of these Covenants or the restraint of violations of these Covenants, the
prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's
fees.
ARTICLE XIII
MISCELLANEOIR PROVISIONS
l3.l Severabilitv. This Declaration, to the extent possible, shall be construed or
reformed to give validity to all of its provisions. Any provision of this Declaration found to be
prohibited by law or unenforceable shall not invalidate any other provision.
13.2 Construction. In interpreting words in the Declaration unless the context shall
otherwise provide or require, the singular shall include the plural, the plural shall include the
singular, and the use of any gender shall include all genders.
L3.3 Headines. The headings are included only for reference and shall not affect the
meaning or interpretation of this Declaration.
13.4 Notice. All notices or requests required shall be in writing. Notice to any Lot
Owner shall be considered delivered and effective upon personal delivery, or three (3) days after
posting when sent by certified mail, return receipt requested, to the address of the Lot Owner
on file in the records of the Association at the time of the mailing. Notice to the Association
or the Executive Board shall be considered delivered and effecti!'e upon personal delivery, or
three (3) days after posting when sent by certified mail, return receipt requested, to the
Association or the Executive Board at the address established by the Association from time to
time by notice to the Lot Owners. General notices to all Lot Owners need not be certified, but
may be sent by regular first class mail.
13.5 Waiver. No failure by the Association or the Executive Board to give notice of
default or any delay in exercising any right or remedy shall operate as a waiver, except as
specifically provided above. No waiver shall be effective unless it is in writing signed by the
President or Vice President of the Executive Board on behalf of the Association.
13.6 Amendment and Mortgagee Requirements. Except as otherwise provided by the
Act, unless at least fifty-one percent (51%) of the First Mortgagees (based on one vote for each
First Mortgage owned) and at least sixty-seven percent (67 %) o1' the [-ot Owners have given
their prior written approval, the Association shall not be entitled tcr amend this Declaration, and
further provided unanimous consent of the Lot Owners shall be iredffi
reserve allocations for
conversion of Lots into Common Elements, expansion or contraction of the
create or increase special Declarant rights, change the uses to which any Lot is restricted,
and repair responsibilities. allocated interests of a Lot, change of the boundaries of a [,ot,
18
o
P.C.
JOHN R. SCHENK
DAN KERST
WILLIAM J, deWINTER, III
Mark Bean
Garfield County Planner
Garfield County Courthouse
109 Eighth Street
Glenwood Springs, CO 8160
Don DeFord
Garfield County Attorney
Garfield County Courthouse
109 Eighth Street
Glenwood Springs, CO 8160
Re:
Gentlemen:
, KERST & deWINTER,
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (9'tO) 945-2447
TELECOPIER: (970) 945-2977
htly 22, 1996
Mountain at Prince Creek
Please find enclosed a of the Well Permit issued for Mountain Meadows Well #1
issued by the Office of the is aspect for the subdivision.
JRS/ts
Enc.
cc: Dr. and Mrs. Allen
JUf a,5,lffi
GAFFELD COL${ry
the file
truly
15r
Form No.
GWS-25 ,,
APPLICANT
OFFICE OF THE STATE ENGINEER
.coLoRADO DMON OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St, Derwer, Colorado 80203
(3O3) 86e3s81
Block: Filing:
f,il/rutH,S tOpy
109s
Lot:SuMiv: MOUNTAIN MEADOWS @ PRINCE CR
APPROVED WELL LOCATION
GARF]ELD COUNTY
NW 114 NW 1/4
Twp 8 S MNGE
Seaion 14
88 W 6th P.M.
ANNEUESE K ALLEN
437 E 1730 N
OREM UT 86057.
(801)27-7176
DISTANCES FROM SECTION LINES
29O Ft. from North Section Une
1125 Ft. ficm West Section Line
WELL PERMTT NUMBER
DIV. 5 CNTY. N
046698 --F -_
MDWD 38 DES. BASIN
This wellshallbe used in such
permit does not assure the
owner of a vested water right
The construction of this well
approval of a variance has
lnstallation Contraaors in
The denial, file no. AD-13834,
condition thd the well be
Division 5 Water Court in case
decree, it will be subjeA to
Approved for the use of an
25627.
The use of ground water from
dwellings and shall not be
The maximum pumping rate
The annual arnount of ground
The retum flow from the use of
where the water is returned to
A totalizing flow meter must be
of all diversions must be
Engineer upon request.
This well shall be constructed
600 feet from any existing well.
) The owner shall mark the well
case number(s) as
markinOs.TD b_//-? (,
THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
as to cause no material iniury to existing water rights. The issuance of the
that no injury will occur to another vested water right or preclude another
relief in a civil court action.
in compliance with the Water Well Construction Rules 2 CCR 402-2, unless
by the State Board of Examiners of Water Well Construction and Pump
with Rule 18.
and the permit is approved pursuant to cRS 37-90-137(2) on the
accordance with the Anneliese K Allen Augmentation Plan approved by the
1. lf the well is not operated in accordance with the terms of said
including orders to cease diverting water.
constructed as a monitoring anrd obseruation hole under lile no. MH-
is limited to ordinary household purposes inside seven (7) single family
the homes for any purpose.
exceed 10 GPM.
be withdrawn shall not exceed 2.63< acre-feet
must be through waste water disposal sysems of the non-evaporative type
stream system in which the well ,is located.
on this well and maintained in good working order. Permanent records
the well owner (recorded at least ernnually) and submifted to the DMision
than 200 feet from the location specified on this permit, and not less than
place with well permit number(s), name of the aquifer, and court
owner shall take necessary means and precautions to preserve these
-- State Engins
No. 0396396A EXPIRATION DATEISSUEDJUN 121996
srEP.M[rTQ USE _S ry:,i]]]io'l
DIVISION 5, STAT
AND DECREE OF
ATION FOR WA
approval of Undergrou Rights and for a ofa
Anneliese K. Allen.
repoft of the Division
determine whether the
fully advised in the
enters his ruling as fol
DISTRICT COURT, W
Case No. 95 CW 081
RULING OT TiTB NI,
CONCERNING THE
ANNELIESE K. ALLEN
IN GARFIELD COU
This matter havi
1. Nameur 860s7.
2.The Appli was filed on AprrlZT ,
by the Town of Carbo the Colorado Water
for filing Statements of ition has expired.
by law. This Court has
persons affected thereby r they have appea
6. The sta
for Approval of Plan for
Stipulation is incorpo
on before the W Referee an amended Application for
having considered verifi
lan for Augmentation filed by
pleadings, the stipulations, the
r and having made i ions as were necessary to
in the amended A lication true and otherwise being
kes the following ings of fi ts and conclusions of law and
of the applicant is 437 8 1730 N, Orern,
withdrew its Statement ition on October 12,t995.
3. An ame lication for Underg Water
for Augmentation was fi nt to an Order Fe
4. A Stipul
Carbondale.
5. Timely
executed by the A icant and sole Objector, the Town of
notice of the A given in the manner required
ion over the subject
. Sta
nserv
Colo
matter of
or not.
of Opposition were filed
n Board. The statutory time
Water Conservation Board
ights and for Approval of Plan
27, L996.
proceedings and over all
the Amended Appl ion for nderground Water Rights and
ion as revised
II:\RS\AI-llN\WAm.DE
in by this reference.
changed the Stipulation are true. The
located in
Meridian, at
to the Section
North'76"55'
9.
Findings of
10.
tributary of
11.
The name
val of Pl
The legal
4of
point
rco
A well pe
State
The sou
Crystal
The legal
(1)
(2)
of land
14, all
n, more
Begi ata
cornersouth
w..15 feet
N.88'12
N. 89"35
to the
feet said
N. 88 16'41"
530.7 feet to a
; thence
south
:
N. 19"44
N. 06'09
N. 09'29
N. 38"25
N. 30'17
OFG
(1)
(2)
(3)
(4)
(s)
to the
cot
STA
re for
mentation
nof
, Townshi
brass cap
Sections 1
of 1157.1
lication submi
in File No.D-1
ater for the
in Lots 8
nship 8 h, Ra
y desc
iom which the b
tion 11 of sa T,
thence al
t73.07
120.63 fee
a north sou
to an inte
feet
the cou line
'00" w. 1
line; thence
99.39 feet
74.87 feet
t63.04
37t.83
t37.72
OF
93 acres, more or less.
ich an Underground Water Rights
in Meadows Well No. 1.is sought
We . 1 is as follows: A well
8 South Range est of the Sixth Principal
itness beari
, ll, 14 15 of
feet.
to the S ineer and was denied by
on 1996.
No. 1 is Prince Creek, a
ntain Meadows Well No.
9of ion 11 in Lots 3 and 4 of
the Sixth Principal
as fol
88 West
's:
. 00'08'29' w. 27.18 feet
Township and Range bears
corner set for the
bears S. 58o36'04"
fence line; thence
s. 02'41',45' E.
cap wit
ip and R
fence I
the fol two (2) courses:
; thence 1"45',40', E. 237.44
tion w .h an east
said fe line;
County and Pitkin
.55 along sa nty line to a point
following five (5)long sa fence li
" West
of the
Said contains
to be
a fence
portion
se use
ntation
) pertin
.40 with
It Water
South,
stock w
ntofw
ntoft
tofAu
Cong.
Project
ring all
Applica
t (8) si
Lot 8
known
Sub
app
init
ntc
,r.rr.., l
lvtslon,
rriation
onofr
Conservancy
's Contract
to 3.3 acre-
oir is
nt of water
rvoir is an
Section 18,
trly 29, 195
ivision No.
.3 acre-
rvolr ls
construc
October 27,
substantial
ouse Doc.
the Frying
for aug
(2) and 37
intends to
eight (8)
ly connec
nce Creek
property
the Mou
Mounta
District,
o.3.3.
ated by t
on-cha
'ownship
iginally
, for
,thea
to 102
by the
1974 (88
-30s(
subdivi
for e
ountain
will be
J
rigl
ilate
plica
[or u
:di R
allot
14o
ater
t40,
zed fc
\ct of
)Z) in
dbv
les fo
iess.
1)a
inM
lusi
13.
conditional,
dwellings.
The land to be
Meadows at Prince
12. The date
1995, which occurred
water.
The
and the p
14. The wate
Applicant and the Basalt
a.
District provides
b.
contracted for an
c.R
of the Northeast
d.R
appropriation
municipal,
No. W-789-76,
was reduced fi
originally author
amended by the
1978 (92 Stat.
Sess., as modifi
Operating Princi
87th Cong., lst
15. Statement
37 -92-103(9), 37 -92-
a.
paragraph 11 a
known as Mou
Creek will be
80997) and will
inclusion in the Mountain
known as Lot 8.
Well No. 1 was April 20,
of intent to appropriate
ell No. 1 is 10 g.p.m.,
for seven (7) residential
from a contract between
of which are as follow's:
Basalt Water Conservancy
of Reclamation which has
rvancy District.
in the Northwest 1/4
84 West of the 6th P.M.
40,697.3 acre-feet with an
r generation, irrigation,
. Subsequently, in Case
to Ruedi Reservoir
ingpan-Arkansas Project,
16, 1962 (76 Stat. 389) as
the Act of November 3,
. No. 187 83d Cong., lst
., and is subject to the
forth in House Doc. 130,
le matters under C.R.S.
property as described in
amily dwelling units to be
ntain Meadows at Prince
Allen Well (Permit No.
I No. 1. Lots 1 through 7,
Mountain ly by Mountain Meadows
Well No. 1 and
between the two
b.
the equivalent of
the landscaping,
such parcel. The
the benefit of
Association, a
from Mountain
c.
Mountain
1 which will be
parcels will have
at 80 gallons per
treatment and di
consumptive use
diversions are est
per year.
d.
depletion are est
requirements.
Roaring Fork Ri
water rights
augmented water
maximum
downstream ves
pursuant to its
the out-of-priori
as directed by
16. The plan
exchange of water relea
Conservancy District up
Prince Creek, a tri
constructed in the alluv
17. The
appropriation and priorit
rights decreed based on
limitation, the in-stream
andW-2721 and app
18. The rate
of 2.635 acre-feet with
ill bec
lls .
hof eight
to the
in ntain
East Water
meeting her outs
in the Mesa
Mountai Mead
lon No
Well
the
o.
)
n
a
ir
len Well.will be no connections
8
ir
at Prince Creek will have
for use in irrigating
'ater requirements on each
Company will be held for
Prince Creek Homeowners
irrigation will be permitted
) sha
,ga
r
bei
out
tract
St
Div
for
heC
of
mof Prince
r
April
tions fi
ater
rights
t Water onserv
needs each dwe unit on Lots 1 through 7,
ill be se by ntain Meadows Well No.
. Each of the seven (7)r from i
single-unit wi an assu nd of 4 people per unit
per da ). Appli anticipates that wastewater
will ptic leach ystems with an estimated
pe 5%) in t in-versions. The total annual
tobe2 feet aco ive use of 0.395 acre-feet
the ou of the Reservoir and the point of
rcent (5 ) of the ial annual augmentation
Mounta Mead ell No. 1 will affect the
mily
(in-
by
:nt (
635
onl
sses be
tobel
ns fror
ughout
Rued
ions r
:r rig.
rith th
.Al gh the
of theng portio
voir to c
the di ions of
one lred percent (l0O%) of the
well to adequately protect
ill be from the Ruedi Reservoir
istrict, in amounts equal to
stered as junior to all water
ntain Meadows Well No. 1
Applicant plans to provide
iated ith dive under said water rights or
lnv an appropriative right of
voir pu nttoa with the Basalt Water
lRi er its confl nce with Roaring Fork River and up
Crysta R , to the ountain ows Well No. 1, which is
hange decreed
hall be ad
shall have a cofirmon
995, and
any prev r, including, but without
reed the C iver in Case Nos. W-2720
nge . 88-CW-421.
herein is .0223 c.
in
mptive 0.395 -feet
p to total annual diversions
t9. The
reduce the water avai
and the Crystal River,
of Carbondale.
20.
conditions:
The e
a.
physically ava
b.
No. 1 may l
Fork and C
Applicant's
than the amou
attributable to
Objector, the
determination
d.
e.
by the Divis
f.
representative
ob'
the Division
decree. S
or on a more
shall
nior dive
,butw limitatio
only operation thereof does not
ng below confluence of Prince Creek
, senior rights owned by the Town
shall al
be lly avail e for
divers ntain
nt of attribu
be ter t amount f water at
Rive att to rel from
w h the ater C vancy
r legall
be subi the following additional
from Ruedi Reservoir and
I No. 1.
to use Mountain Meadows Well
confluence of the Roaring
Reservoir pursuant to the
.rict, or may not be greater
the exchanged water rightsavail
c.
confluence wi
herein, must isfi
another source
Engineer and
In the event t
Applicant shal
prior to, or at
Engineer's a
nservanc ict Contract.
ith the
sou
to
ify the rjector,
App
plan
ppl
ant's
and i
ica
a divers on the I River upstream of its
ver, w h are to the exchange decreed
either the rema ng bject to their call, or from
suppli the A icant wh is satisfactory to the State
sions of C.R.S. 37-80-120.
water as described above,
a copy substi pply plan to the Objector
same it is pro tate Engineer for the State
physical
Water C
the
proposed y pla
Objector with f the ap substi
substitute su by the SIS
,jec may
nyq n
supply
.te Engi
ined ju:
pproved y the
in one (1) week, after such
ngineer, by providing the
.. In the event that such a
over the objection of the
tion of this Court for a
exchange.
may be lawfully assessed
ineer or his designated
pursuant to this Decree.
nvol
f inj
eiist bet the poi
icant r such ream
rorhi ted resentati
icant notify t Divis
peration any
ntlng
S
h rec
is if
ng brmation
ll be y on a form acceptable to
aluate compliance with this
ll be
II1frS\ II EN\WA'M DIT
of
uires.
leted
ly to the Division Engineer
h.
structures as
l.
in the manner
Meadows Wel
Engineer.
21. The
Plan for Augmentatio
under a vested w
Underground Water
pursuant to C.R.S. 3
22. Any of
incorporated herein
23. This C
all who may be affect
24. Timely
provided by law.
25. The A
confirm their Plan for
26. The
to the vested rights o
vested water rights or
27. The
accounting records
The Water Re
A.
herein.
The fo
B. The P
C. The
proper application,
modi
icant
ired b'
icat
byr
I
to ex
int amou uired
o. 1 will be to ad
vision
augme tion or
Underg
ion will
conditi
pp lofPl
which
the su
have
ect
forth in is
owners
iti ter rig
the Di
and C
ghr a
for
-305 )
re
has j isdicti
he ,y, Whet
nditi
includi
.gmenta
shall
the pe
tulfi led
as
tl
Lal
ll legal i
lon in thi
0r
l,
it shall th this
maintai
lneer ln
this dec
inistrati
.l water
nforA
its for M
ndW hts and for Approval of
injure rsons entitled to use water
h measuring devices or
to administer this decree.
nt water is not provided
iversions of the Mountain
I curtailment by the State
t and the Application for
ntation should be granted
approved and decreed.
n Meadows Well #1 upon
The State Engineer shall
in who part conclusions of law are
these proceedings and over
nto or not.
y of this was given in the manner
rv for the Court to
Ruling.
adequate to prevent injury
:ot"
to use water under
ision Eng r or his representative the
lusions Law are fully incorporated
not curtail diversions
with this Decree and
D. The
E. This
effective upon such
F. This
Engineer for Water D
DONE at the
No protest
filing such protest
approved and is
DATED this
Meadows Well #
Augmentation dec
jurisdiction in this
Decree shall be filed
and Decree shall be filed
.5.
Springs, Co
filed to the foregoing
expired, the
,judgment and
of
diversions are consistent
ied with.
by law.
Clerk and shall become
Engineer and the Division
ofG
been
now
lde tl
Referee and the time for
Referee is confirmed and
2o^rof April, 1996.
$[sBi8#H\rn,
and correct copy ofthe/722
as long
herein
ith the
ith the
, this
peeutv
ruling of
of this C,
A(}OIiD. GER'TIFIG
PRODUCER
Glenwood Inaurance Agency
P O Box 1270
Glenwood Springs CO 81502-1
Nanetste R Avery
F INSURAN
AS A MATTER OF INFORMATION
RIGHTS UPON THE CERTIFICATE
,TE DOES NOT AMEND, EXTEND OR
BY THE POLICIES BELOW.
Mountain Meadowe at Pr
Creek Homeownera AEEoe
437 East 1730 North
orem IXI 84057 -22L9
NAMED ABOVE FOR THE POLICY PERIOD
MENT WITH RESPECT TO WHICH THIS
IS SUBJECT TO ALL THE TERMS,
LISTED BELOW HAVE BEEN
OR CONDITION OF ANY
AFFORDED BY THE
SHOWN MAY HAVE BEEN R
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES
INDICATED, NOTWITHSTANDING ANY I
CERTIFICATE MAY BE ISSUED OR MAY
EXCLUSIONS AND CONDITIONS OF SUCH
s 2000000
COMMERCIAL GENERAL LIABILITY
cLArMs MADE I xl o""rt
OWNER'S & CONTRACTOR'S PROT
$ 2000000
$ 1000000
s 1000000
FIRE DAMAGE (Any one fire)
MEO EXP (Any one person)
COMBINED SINGLE LIMITAUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIREO AUTOS
NON.OWNED AUTOS
AUTO ONLY . EA ACCIDENT
OTHER THAN AUTO ONLY:
WORKEBS COMPENSATION AND
EMPLOYERS' LIABILITY
THEPROPRTETOR/ I lrr.rcr-
oFFICERSARE: I lexcl
POLICIES 8E CANCELLED BEFORE THE
ISSUING COMPANY WILL ENDEAVOR TO MAIL
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
SHALL IMPOSE NO OBLIGATION OR LIABILITY
, rrs AGENTs odnepReseltrarlvrs.
CERTIFICATE HOLDER
David W. Hicks and
Hicks
1041 County Road 11
Carbondale Co 81523
ACORD 25-S (3/93)
( (*\tfti r I\ rv ohcoRo edRPoRATloN 1993
Order Number: 95024845
1. Effective date: Decentber
2. Policy or Policies to be
(a) A.L.T.A. Otvner's
Proposed Ircured:
(c) Leasehold
Proposed Insured:
The estate or interest in the
fee eimple
Title to the f ee s!.mple
ANNET,TESE K. ALLEN
5.The land referred to in this
SEE ATTACHED LEGAI.
Purported Addrese:
SCHEDALE A
aE 8:OO A.Iil
or referred to in
interest in said land is
is described os
3.
4.
BooKcopy
Amount of lrcurance
.s
and covered herein is
the date hereof vested in:
These
Poliq
OF CHARGES
are due and payable before a
issued.
&ATE
Premiutt
cate
I
,:)
.t
.t
Order Number: 95024845
SCHEDULE A
LEGAL DESCRIPTION
lowi deaerlbed propcrBy 7
orado.
' La Lots 8 aad 9 of Scctl
p 8 aouEh, Raagc 88 WesE
cul '7y descrlbed as folTovs:
wl,tnees polrt bcarlng N.
cornet cormic.n Eo Scctloas
869.09 feet Eo Ebe
293.74 feeE;
240.00 fcat;
736.00 fect;
672.57 feeE;
7572.64 Ecet;
34.54 feeE;
22.29 feet;
87.39 fecE;
262.42 feeB;
764.77 faeBi
74.87 fcati
763.04 fcet;
377.83 feeE;
737.72 fact Eo Eba
A portLon of the
of Garftcld, SEa
A parceT of laad
Sectlon 74 a77 ta
Ileridlan, more
Beglnnlng aE the
27.78 feet Eo Ehc
said Townshlp and
thence .U. 58 degr'
thence lt. 88
ther2ce .9. 02
tbence lf. 88
E&ence S. 02
thence S. 73
thence lf. 00
thence S. 89
Ehence N. 70
thence If. 07
theaca .[tI. 79
thcnce lV. 06
theace .ltl. 09
tleace I\I. 38
tbence N. 30
COANTY OF GEAFI
STATE OF COLONEOO
TO BE ITMO,TTJV AS
LOT 3
fiOUMTAflV MEADOWS
ACCORDING TO THE
AS AEC.EPrrOrf lro.
COANTY OF GARFI
STATE OF COLOAEPO
CREEK SABDIWSZON
tt
49'
29'
28'
29'
28'
33'
09,
39'
27'
03,
57'
22'
42'
39'
30,
0r E.
7i E.
9a B.
7n E.
9. B,
7; W.
8; lI.
6r E.
7; W.
tE.
4r E.
4n E.
7r E.rE.
,8.
T
'I,AT
betag la Ebe Coua,ty
aad Ja I'ots 3 al:d 4 of
e Slxth Pr!.aclpal
degteea
77, 74,
08, 29' W.
aad 75 of
PolnE of BegLaalag;
PolaE of Begtad,tag.
95 024845
The followirtg are the
hem (a) Payment to or for account
interest to be insured.
Item (b) Proper iwtrument(s)'reating
record, to wit:
7. Execut!,on of at
office.
2.A Part,ial ReJ,eage
from WiLmer C. All
i50,000.00 dated
925 as Receptloa
Record in the Garf,
Meadowa at Prtace
certified by 7oea7
IVOTE: Stewart Tlt
Exceptloae Eo this
5. Deed from vested
6. Proof of Palmrent o
ln tlre Deelarattoa
Meadows aE PrLnce
Meadows at Prtnce
been rece!.ved.
NOTE: For an add!
provide any copLes
Aft,
Ehe
and
the
72,
4785
thor.
ona.Lt
llestern STope Eo
76, 7994, !.n Book 5at
NOTE: The benefie lnt
record to Fleet
899 at Page 253 aa
A Par9ial ReJ,eaae
trom juraeTlese K.
i.
Td4.
aDy
fC,
SCHEDALE B
Section I
REQUIREMENTS
complied with:
ofthe grantors or mortgagors of full consideration for the estate or
estate or interest to be insured
vtt as to Debts ar.d I'leaa and ltg returia to Ehte
!.c Trustee of Carfleld
lLese .K. Al.Iea for the
be executed and duly filedfor
ty of the Deed of TrusE
of Bank of CoTorado
uaEy of the Deed of Truat
rboadale, eo aecure
95, la Book 947 at Page
PlaE of ltottgtala
approved aad
Sprlaga, Iac. v1,77
,750.00 daEed l,Iarch 77, 7 94, aad reeorded ldarch
767 as ReceptJ,oa ffo. 47 94.
t under said Deed of t was asalgned of
78, 7994, ta Book. by inatrulre.Dt recorded AprtZ
oa lfo. 467924.
!c
Ehe
Truatee of Garfleld
use of Alp!.ae Bank,
tlee and slgned by ovaer.
the rlght to make furth RequJ,rezreaEa and/or
after rev!.ewlag sald Plat.
er(s).
994,and recorded May 25, 7
ty Clerk and .Recorders Of Ce, e
tvLston Ehat hae been acc ad,
tlng fee slmple tLtle la
oI:a
all [lomeownera AsEeBsmeD and expeares aa requtred
cE!.ons of l,Iouatalata, CoadttLoas and Reg
AasocLaEloa aad a flcate froa ldouatala
rs AseoclatLon, verlf'.ag Ehat aueb payment hae
arge t Stewart
as showD
TttJ.e of
oa Schedul,e B - Seetloa 2.
Order Number:
satisfaction
The poliq or policies to be
satisfaction of the Company.
I. Rights or claims of parties
2. Easements, or claims of
3. Discrepancies, conflicts in
_ lu*ry and inspection of
4. Any lien, or right to a lien,
and not shown by the
5. Defects, liens,
records or attaching
of recordfor value the
6.Unpatented mining claims ;
water rights, claims or
7. I.:ty and a77 unpald
8. The effecE
protecELon,
servlce or
A77 extotiag roade,
powerTlaee, Eelephoa
Ehcrefore cstabT
RighE of the proprie
Eherefrom, ghouTd th
hereby graated, aa
!,a Book 12 aE Page 4
at Page 776 ae
77. RlghE of way for dl
States, aa regerwed
72 at Page 498 ae
776 as .Receptioa .l\Io.
.EasemeJ:t and rl,ghE
to lloly Ctoss Electr,
lagEru.&enE recorded
249207 of Ehe Garfle,
easemeaC lo not deft
73. R!,ght of way for the
9.
70.
72.
74. RestrLctlons as coD
Coatiaucd
9 502484s
of !,acl
solT
sEreet,
'ion, not shown by the public
ements,shown by the public records.
lines, shortage in area,
would disclose and which are not
SCHEDALE B
Section 2
EXCEPNONS
exceptions to the following the same are disposed of to the.
and any faas which a_correct
by the public records.
for
or
, labor o, *onno, heretofore hereafier {urnished, imposed by law
claims or other matters, if created, first appeaing in the public
to
int
ffictive date hereof, but prior to date the proposed ircured acquires
or mortgage thereon covered by commitment.
or exceptions in patents, or an authorizing the issuance thereof;
aaaeasmeate aad aay Eax salee.
aay geaeral
t area.
, dttchee, utlTlttes, cana,
vatcr Tlre'ea aa'd rtghts ot
conacflancy, ftre
ta aay rater
, pf,pclLaea,
tnd aase-eats
or other
or apcclftc va
dletrlct or tac
gh
7!,nce
d Coun
ed.
aad ex!.atlag aa arl,c mry aubJect propercy.
af ve:la or Tode to exEracE rremove blg ore
aaEe fouad Eo peaetraEe or tn E tlre promlaea
Dcc rher 74, 7898la AaLEed .gtatcs PataaE
8as on !Io. 27375, aad Oc 70, 7923 tz Book 73
on .l\Io 84774 of the Garf!.eld Rccords.
cg or caaals coagtrucBed by &c thoriEy of thc Uaited
ar,t Statcs PateaE racordcd 14, 1898 ta Book
Elon No. 27375, aad OcEober 70,923 la Book 7i aE Page
94774 *e Garfteld, Couaty
Yay ,tnderground elactrtcal '7lae purpoacs gzaaEed
latLoo, Ill,c.. by Daly Coaa
, 7977 ta Book 477 at Paga 47 aa Ecccptl,oa I{o.
TocaElon of Ehe:y Records, ta vhlch spcetf .
Soad aloag ehe Easterly
lastrument recorded t{ay
of subJect property.
!975 ta Book 474 aE
laa.xt pagc
will
Ir'c., by
ContLauatlon of
75.
76.
Order llunber.' 950248
Page 722 as Recep
Well, ,tater and Road
and Screna f.
Receptloa No. 307854
Easelaenc fot Roadvay
thc Deed Eo Louls il.
ln Book 544 at Page
Declaratloa of
544 aE Page 749 as
Tellaa and cond!.Eloae
recorded Novqrber 79
Eagereats aad rlgbts
Creek Subdlvlaloa,
!. 20' Acceas
b. 20'Irr!.gattoa
c. Aclltty .Easeneat
d. 20' tuergeacy
c. 30'x40' Wc77
NOTE: Sald Plat to
Tel;r,s ar,d condltloas
approval of a prcl,
October 4, 7995 ta
NOTE:
Pursuaat to Seaate
ts hereby glvea that
a) The aubJcct
epeclal
b) A eertlflca
JurtsdlcEloa
Treagurer ot
ageaE;
I,nfolu,aEtoa
.boundaricg ,
77.
78.
79.
20.
c)
oeE - SccLlon 2
No. 267677 of tbe Garttgld Coua
Agrcemeat beEweea Aaac.ltesc f. 4.1
rceorded ?ebruary 22, 7980 la
of Ehe Garftcld covnty Records.
ead utlIJEy purposcl ea raacwed
Nazzaro aad Screaa I. Nazzaro
67 ae ReccpEloa No. 307855 of the
a aled Rcatrlct,loae recorded
Eloa llo. 307853.
of Couaty Subdlvlsloa Exurpttoa
7979 la Book 539 aE Pagc 757 ae
of vay ua shova oa PIat of ltoul,
Tudlag, but not TlmlEed Eo:
E
gement
aad AEtltEy EasacaE
(as to LoE 8)
rccorded.
ae sct forth La ReeolutJon llo. 95
plaa for tdouataln ldcadova at
954 aE Pagc 863 as Rcceptloa
97-74 (C.a.s. 70-77-722) Nott
.7 property ray be Toeatcd la a
dlstrtct;
of Eaxcs due Tlstlr.g cach taxl.ag
bc obEalned from thc CouaEy
thc Couaty Treaeurer' a aufh,ortzed
ag apeel,al dtsErtcts aad
such dlstrlctg may be obEataed
from Ehe ty ABaeaaor or the County
Records.
alrd LouLs ;1. Nazzaro
544 aE Page 755 aa
Aaacllesc .K. Allea .{a
FebruaxT 22, 7980 .fleld Couaty Records.
22, 7980 Ln Book
lutloa #79-744
tJoa IrIo. 299592.
Itleadova at Prlace
'8 coaceracd vitb Eha
Creek, recorded
483883.
QUIT CLAIM DEED
THIS DEED
ALLEN, whose add
, between ANNELIESE K'
Grantor, and MOUNTAIN
MEADOWS AT CREEK HOMEOWNERS ASSOCI ON, whose address is c/o
Anneliese K. Allen, 43 E 1730 N, Orem, Utah, 86057,
WITNESSETH That Grantor, for and in consideration o the sum of Ten Dollars and
other good and va
acknowledged, has
consideration, the receiPt and iency of which is herebY
ised, released, sold, conveYed and CLAIMED, and bY these
presents does remise,
successors and assigns
, sell, convey and QUIT CLAIM runto the Grantee, Grantee's
forever, all the right, title, interest, clai and demand which Grantor
has in and to certain to held as cofilmon elements and in the Mountain Meadows
at Prince Creek Subdi ision, which subdivision is depicted on plat of same recorded in the
the County of Garfield andGarfield County
State of Colorado,
, and otherwise situate, lying and being
particularly described as follows:
ights", including, without limitation:
The domestic pumping, delivery and storage for the Mountain
Meadows at Creek Subdivision, including without 1 ion all wells, well
casings,screens, pumps, well houses, pipes, val and storage tanks.
All well and I rights appurtenant to the Subdivision,llectively referred to
Mountain Meadows
for augmentation decreed in Case N . 95 CW 081, Water
ights described thereinState of Colorado, and any and all water
and all of 's right, title and interest in and to that in water allotment
contract with
augmentation
Subdivision.
Basalt Water Conservancy District ibed in said plan for
to service the Mountain at Prince Creek
as the "water
Well #1.
shares of stock
That certain p.
Division No. 5
The surface w and water rights, ditch and ditch
Subdivision vered from the East Mesa Water
Grantee in the
Book 474 at
County,r the "Daly Agreement"), which shou
the East Mesa Ditch Company, togethe
without limi , an undivided one-halt (Vz) of the allocated to the
dated May 15, L975, and May 20, 1975, in
115 as Reception No. 267669 of records of Garfield
be equivalent to 16.5
.ts appurtenant to the
, which shall include,
'with an undivided one-
half (72) i in all underground irrigation piping appurtenances within
the PropertY a proportionate interest in the delivery to the PropertY,
subject always to the rights of the holders of two (2)ivided I I l6th interests
in the Daly as described in the document as Reception No.
301854 in 544 atPage 155 on February 11, L980,the document recorded
as Reception o. 306879 in Book 554 atPage 642 on 26, 1980, in the
Quit Claim recorded as Reception No.in Book _ at Page
IIiWs\UN@D-IIOA
, t996, and in the Quit Claim Deed as Reception No.
this _ day of
437 E 1730 N, Orem, Utah,
rights and in Daly Agreement;
All common depicted on the plat of the Mountain
Subdivision, i ine without limitation all easeme
roadways, signs fences and other improvements thereon.
TO HAVE A TO HOLD the same, together with all
and privileges the belonging or in anywise thereunto apperta
title, interest and claim 'hatsoever, of Grantor, either in law or
benefit and behoof of Grantee's successors and assigns
IN WITNESS EREOF, Grantor has executed this
in
D"cl*art's ,
STATE OF UTAH
COUNTY OF UTAH
at Page _ on
ation of an undivided
)
) ss.
)
The foregoing ment was acknowledged before me
1996, by Anneliese K.Allen.
WITNESS my and official seal.
My comm
,1996,
3/8th interest in
nd further subject to
rh water and water
llen
ws at Prince Creek
and rights of waY,
singular the aPPurtenances
, and all the estate, right,
ity, to the only proper use,
on the date set forth above.
Anneliese K.
day of
-,
QUIT CLAIM DEED
THIS DEED this day of , between ANNELIESE K.
ALLEN, whose address 437 E 1730 N, Orem, Utah, 86057,
CREEK HOMEOWNERS ASSOCIA
1730 N, Orem, Utah, 86057, Grantee
, and MOUNTAIN
MEADOWS AT PRIN , whose address is c/o
Anneliese K. Allen, 437
WITNESSETH,Grantor, for and in consideration of sum of Ten Dollars and
other good and consideration, the receipt and of which is hereby
acknowledged, has , released, sold, conveyed and Q CLAIMED, and by these
presents does remise, ,
successors and assigns,
, sell, convey and QUIT CLAIM the Grantee, Grantee's
demand which Grantor, all the right, title, interest, claim
has in and to certain to held as common elements and in the Mountain Meadows
at Prince Creek Subdivi , which subdivision is depicted on a of same recorded in the
Garfield County Records,otherwise situate, lying and being i the County of Garfield and
State of Colorado, more described as follows:
The domestic r pumping, delivery and storage for the Mountain
Meadows at Pri Subdivision, including without li tation all wells, well
and storage tanks.casings, intakes,, pumps, well houses, pipes, val
All well and well ights appurtenant to the Subdivision,lectively referred to
as the "water ri ", including, without lirnitation:ountain Meadows
Well #1.
Tlrat certain plan augmentation decreed in Case No.5 CW 081, Water
Division No. 5,of Colorado, and any and all water ri described therein
and all of Grantor'right, title and interest in and to that in water allotment
contract with the t Water Conservancy District in said plan for
augmentation
Subdivision.
to service the Mountain Mead at Prince Creek
All common areas icted on the plat of tlre Mountain at Prince CreekSubdivision, i ing without limitation all easements nd rights of way,
roadways, signs,and other improvements thereon.
CONSENT
FINLEY PROPERTIES AND NANCY B. EMERSON, AS OWNERS OF THE TWO
(2) TRACTS GENERALLY DESCRIBED IN EXEMPTION RESOLUTION NO. 79-144 AS
RECORDED IN BOOK 539 AT PAGE 751 AS RECEPTION NO. 299592 ON NOVEMBER
19, 1977 , HEREBY CONSENT TO THE ABOVE AND FOREGOING DECLARATION AND
AGREE TO THE BENEFIT OF THE PROVISIONS WHICH AFFECT THEIR RESPECTIVE
TRACTS SUBJECT TO THE CONDITIONS SET FORTH IN THIS DECLARATION.
FINLEY PROPERTIES
STATE OF COLORADO )) ss.
COUNTY OF GARFIELD )
The foregoing was acknowledsed
1996,, by
WITNESS my hand and official seal.
My commission expires: // // q 7
STATE OF COLORADO )
)
COUNTY OF GARFIELD )
The foregoing was acknowledged before me this
1996, by Nancy B. Emerson.
WITNESS my hand and official seal.
My commission expires: /t 7 t1 f 7
SS.
i/
before me this I day of Ja,,l' ,as Ofi<ffU,l of Finley Properties./
/./
day of //il/ ,----------7---
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Fl bLY cRosfELECTRtc ASsEctATtoN, rNc.
.i79() I ll(;l l\,VAY t|.1
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CLENW(X)U SPRINC;S, C()L()RAD() tJ trr02
February 29, I 996
Mrs. Anneliese Allen
C/O Debbie Duley
Schmueser Gordon Meyer
I l8 West Sixth Street, Suite 200
Glenwood Springs, Colorado gl60l
RE: Mountain Meadows At prince Creek
Dear Mrs. Allen:
We have completed a design and cost estlmate for providing electric service to the abovementioned project. our facilities will be installed ai shownin the attached sketch.
Holy Cross Electric estimates that the cost of construction will be as follows:
The above figures are only estlmates. After the job has been completed, the actual cost ofconstruction will be determined. Your contribution and deposit will Ue adjusted to reflect theactua! cost by making a refund or further assessment. Exeiution of this dlcument constitutes
agre.ement to pay any further assessment in a timely manner. AdJusted construction deposits areavailable for refund over a ten year period as specified by Holy Cross Electric's Line ExtensionPolicy.
The followlng conditions are hereby noted:
I . Lot corners or other locations will be provided by the developer as needed to ensure thatour facilities are installed as shown on the attached sketch.
2. Holy Cross Electric has implemented a policy which requires that project owners provide all
excavatlon' backfill, compaction and cleanup needed for installation of the underground
power system extension to serve their new development. The owner must also set all
vaults and install all conduits as specified by Holy Cross Electric's deslgn for the proJect and
the enclosed construction specifications. Holy Cross Electric tryill supply all mateiial which
can be picked up by the owner at the appropriate storage yard. The cost of this material is
included in the job cost estimate. The attached Trench Agreement must be properly
executed and returned prior to the start of excavation.
3. All water and sewer llpes, includlng stubs to all lots, must be tn place and ctearly marked,
and all other excavatirins in conflict with our proposed facilities must be backfilled before
power line construction is started. Telephone and cable tetevision facilities will not be
installed until power line construction has been compteted.
4. The above estamate is for Holy Cross Electric facilities and does not include the installation
of telephone or television facilities. lt will be the developer's responsibility to coordinate
construction and make contractual agreements with the other utilities.
5' There is no provision in our estimate for revegetation. Revegetation, if required, must be
provided by parties other than Holy Cross Electric.
6, Secondary voltage available will be lZ0/240, single-phase.
(970) 9.15-5.t9 I
(FAX) (){5-J()t}
I
Total estimated cost of underground
construction
Construction deposit consisting of
equivalentoverhead credits (refundable) $l2,OOO.OO
$20,000.00
Contribution in ald of construction
(nonrecoverable)
Total payment requlred before
starting work on the project
8.000.00
t20,000.00
secondary voltage will be made available at a pad-mounted transformer located within areasonable distance of each lot. lt will be the iot o*n"i{ r"rponsibility to extendunderground secondary entrance .ondr.torc from the point of power usage to thedesignated transformer. when reaching the designated transformer involves a roadcrossing, a conduit will be installed dur'ing const;uction oiirt" primary voltage system. ltwill be the lot owner's responsibility to malntain the conduit(s) associated with his lot.
we attempt to complete atl projects ln a timely manner. However, highest priority is givento maintaining service.to our existing consumers. This fact, along with inevitableconstruction delays, will not allow uito guarantee a project completion date.
All Holy cross Erectric rures and regutations wiil be fofiowed.
when Holy cross Electric is in receipt of your check in the amount of $20,000.00, all necessaryexecuted easements, other permits, if required, a compl.i"J "R"qrest Foi r-L"J inror.ation,, form,the executed trench agreement' and the signed original of this letter agreement (below), the jobcan be scheduled for construction.
lf you have any questions, please contact me.
Sincerely,
Mrs. Anneliese Allen
C/O Debbie Duley
Schmueser Gordon Meyer
February 29, I 996
Page Two
HOLY CROSS ELECTRIC ASSOCIATION,
JAF:rjm
Enclosure
Title:
Date:
VO#96-l 4972:69-14:Mountain Meadows At prince Creek
frrnkc\rlhn. lcr
The above terms and conditions
are hereby agreed to and accepted
9.
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TRENCH,CONDUIT, AND VAULT
o
AGREEMENT
This agreement is m?-de anC entered into thls --..-- 4"y 9f
-,
l9 _, between ANNELIE'EK.ALLEN,whosemailingaddressiil2iico,ntvmaJl,ri,@8l623,hereinaftercalled,,owner,,,
and Holy cross ElectriiAssociation,-lni., whose riili,ig "alr.r, is p. b. D;;;;2tso, Glenwood springs, colorado8I602, a Cotorado Corporation, t "i"ili"r';;ii; ;ii;il'Er;;".
WHEREAS' Holy cross has been requested by.1he owner to provide. underground electric service within an easementtraversing certain real property desiribed as rbltows:; p;il'oi una being Mountain Meadows at prince creek situatedin Sections I I and 14., Township a-adth, q*g qr riJ"'ii'.[L atfi F.i,,::;;;oil'iurry de_sc.ribed in book e0l at pase42e and book e54 at paee 86i of ttre carrieiJ c;r;ty'c;ilh"*;; C&;"*i s;rinss, Cotorado; and
WHEREAS, installation of suctr underground electric service will require trench and other excavations both within andoutside of the above described pioi.o property; and -- -"
WHEREAS' the owner is, required to prov.ide all excavation, conduit and vault installation, backfill, compaction andcleanup needed to construci ttre reqfried u;Jer;;;rna-L=i"ltri. facirities.
Now THEREFORE, the owner and Hory cross agree as foilows:
l' The owner shall provide all excavation, conduit and.vault instatlation, backfi[, compaction and cleanupnecessary for installation of undergrounJ eleciiic service to the "uorinientioned project. such excavationshall be located as shown on the construction drawing ana perroimed-ai'speciried by Holy cross.a' All excavation, both within and outside trre iuov-e a;ilid; ;r"pii property, will be within easementsdedicated.for utilitv use. The route of eicivitton to u. pior'id;ep;rsu;nt i" irrisili..runt is shownon Exhibit A, attached hereto.and.qa.de." pli lrere.iu/..r.r[n... rhe top Liiit-po*", facilities,excluding va.u.rts, wiil be instailed a8" berouJiinai griae.b' Holy crois will sripply the necessary conauit ana ,"ilti for lnstallation by the owner upon completionof contractual arranqiments. owner "riu."iiur^lronsiuility ioiii'G"teri"l lost or dam-aged after suchmaterial has been iisued to
"na ,ign;d i;;i; owner.c' ln the €vent that conduits or any 5ther instailalion frovlded by owner are found to be unusable orimnr3n;51v,:"lt_,jl:l:9,-ir-respeciive of whethii t*[ ii;;;il ti ,"a. i;;ire';r-;ft.r instauation,orner will be responsible for iorrecti!9 sa.id frour"rritli;;;p;;re as specified by Hoty cross andowner shall reimburse Holy cross fo-r all a'dditional .orit lu'rriting lrJr-iiiJ i6narits or otherinstallation being unusabre or improperry ionstructed.
2' Despite th. f"f jl:,Io,lyfl":sres€ryes the right to specify acceptable excavation, the owner shall performwork hereunder as..an independent.contractorlinctuding, 6ui ;;iii;iL; to, ihthlri;;
"nJ'iiring of its ownemployees, providing its 6wn tool.s.ana eqtjipm.lrt, fiiyr"nt oi iii-*ages, taxes, insurance, emptoyeewithholdings, and fees connected with its wo'r[iin ite iroj..t.
3' The onvner shall obtain all necessary digging permits and utility locations prior to excavation. The owner shallre.p.air all damage c.aus.ed. during exca-vltlJn promptly ila ;i id;iil;;e. No excavation will be undertakenwithin five (5) feet of existing unJerground porier iirfui .*c.pt under th" on site supervision of a qr;iif!;; H;ltCross Electric employee.
4' The owner :,Bll il-d,:lnifo, save, and hold harmless Holy Cross, its employees and agents, against any andall loss, liability,_clar1s, eipepse, suits, causes of action,-oriudjment; F;railtg";i; p-;;rty or injury ordeath to persons th.at may'arise out olwork performed'her6unler. itre o*nei irriripi.ni-ptii a.ri,i'Jri"lvcross whenever legal proceedings of any kind ai'e broughi "giinrili"riiing ori of ;;;li p;;;Imed hereunder.ln the event owner shall failto plomptly defend Holy closs, it shall be liabii to Holy crosiinJ'shall reimburseit, for all costs, expenses and atiorney. fies incurred in aefenai"g iri ircfr i.g"l prdc;ii;g. itr. own.i ;gr;a;to satisry, pay, and discharge any and alljudgments and fines-render"J "liinit Hoiv Ci6is iiising ort oi invsuch proceedings.
5. The owner shall repalr any excavation settlement and damage to asphatt pavlng or other surfaceimprovements caused by such settlement resutting from work perfoimed heriunaerlEottiwiitrin and outsidethe above described project property, for a peri-od of two (2i years from the date'baCkfiit inJ ;ii;;;-;;;completed.
6. ln the event the Oruner shall not promptly complete all of the obligations hereinabove agreed to be performedby owner, Holy Cross .may give'writt'en'notic! by registered or iertified m"it Jurn"nJi;, o*;.t id;ilpi;i;the work and obligatio_ni undertaken by ownei heiein, and if sr.h is not "omfl"tea fiittrin jo -uiir'"ii.i
receipt by oruner, Holy Cross may complete the.work and obligations hereof. lf noly-crosi st aliUJi;qri;;to cornplete the work, all costs of tomplition shall be chargeablE and collectible from'the Owner. ln the eventthat litigation is.necessary to collect stich obligation, Holy iross shall be entitled to its reasonjUie attoineyfeeiand costs of suit.
7. As set forth ln paragraph I a above, Owner covenants that the trench, and all facilities within the trench shallbe located within dedicated utility easements and at the proper depth below iiniin.a giiJi.- rt shal! be i6iobligation of the 9yr.!.t to pro.perly.locate and construct the ficilitiei withiin the easemelt. Afteriomfitil;of construction, if it shouid later-be discovered that such facitities have noi Ueen properiy located'withindedicated utility e.asements, it shall be the obligation of the owner to provide new eise'minls for the actuallocation of the lacilities, or to relocate the facilities within the easemeni, all of wniin striii U" it the sole costand expense of the owner. .The promises, agreements and representations miae by the owner hirein shalibecovenantsthat run with the land and shall-be binding upon the suci"ssors in interest, and assijni,.iit.property hereinabove described.
HOLY CROSS ELECTRIC ASSOCIATION, INC.
By:-
W/O#96-l 4972:69-14:Mt. Meadows lt prince Creek:2-29-96
ANNELIESE K. ALLEN
fnnk.\rlhn.ht Revised 8-18-95
STATE OF
COUNTY OF
WITNESS
My commi
The foregoing lnst
19 _, by AN
) ss.
hand and official seal.
ion expires:
t was acknowledoed before me this day ofE K. ALLEN.
Notary Public
Address:
STATE OF
COUNW OF
The foregoing instrrl9 _, by KENT
WITNESS hand and official seal.My commisi expires:
) ss.
rt was acknowledoed before me this day ofHAM, cENEnel uiruactn
"r iibr"V cEOSrr-rcrircffi
Notary Public
Address:
VO#96-l 4972:69-14
frenkc\lllcn.lct
at Prince Creek:2-29-96 Revised 8-18-95
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HOLY CROSS ELECTRIC ASSOCTATION, INC
UN DERGROUND RIGHT.OF-WAY EASEM ENT
KNOW ALL MEN BY THESE , that the undersigned,
ANNELIESE K. ALLEN
(hereinafter called "G rantor),
hereby grant unto HOLY CR6
lr a good and valuable consideration, the receipt whereof ls hereby acknowledged, does; ELECTRIC AssoclATlory, ll-'lc., a .coop,erative corporation wtrose post office address isSprings, Colorado (hereinafter called "Grantee") and to its successors and assigns, theoss lands of Grantor, situate in the county of carfield, siite or cotoraJo, aesciiuea as
Mountain Meadows at Prince Creek situated in Sections I I and 14, Township g South,
Ilj*:: more futty described-in boo.k 90t at pase 429 anJ book'gs+ "ipJg" eor or
feet in width, the centertine for said easement being an underground power line asrximate location of which upon the above described-property ii shown'on Exhibit A
P.O. Drawer 2l S0, Gle
right of ingress and egress
follows:
A parcel of land bei
Range 88 West of the
the Garfield County , Clenwood Springs, Colorado
And, to construct,repair, change, enlarge, re-phase, operate, and maintain an underground electrictransmission or distribution or both, with the underg-iound'vaults, conduit, fixtures ""J ;;;i;;;;;;;;;useable in connection t th, together with associated equipment required above ground, wiihiin the abovementioned lands, upon an described as follows:
An easement ten (l
constructed, the app
attached hereto and r
The rights herein granted s
within the easement descri
Together with the right to rr
right to pile spoils outside
e any and all trees, brush, vegetation and obstructions within said easement and the
:i::T.:llduring construction and_maintenance, when such is reasonably necessaryfor the implementation and
improvements made on
improvements by Grantee
at her expense.
Grantor agrees that all facil installed by Grantee on the above described lands, shalt remain the property ofat the option of Grantee.Grantee, and shall be
a part hereof by reference.
ifically allow Grantee to install additional underground and/or pad-mounted facilitiesby the attached exhibit.
."i,;il;il;l'h;;;;;.;easement will be minimized and that any damage caused to'said tandscaping andexercise of any of its rights granted by this easemint shall be repaired by thi Giantor
the owner of the above described lands and that the said lands are free and clear of
character, except those held by the following:
rlght-of-way and easement, together wlth all and slngular, the rlghts and privlleges
rtee, its successors and assigns, forever.
has caused these presents to be duly executed on this day of
, t9_.
Grantor covenants that she i
encumbrances and liens of wl
TO HAVE AND TO HOLD, I
appertaining thereto, unto
lN WITNESS WHEREOF, Gran
ANNELIESE K. ALLEN
STATE OF
COUNTY OF
The foregoing instrument acknowledged before me this dav of19--, byA ALLEN.
WITNESS my hand
My commission ex
W/o#96- I 4972 :69- I 4: Mt.
fnn kG\.llGn.l.t
official seal.
at Prince Creek:2-29-96
Address:
Notary Public
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