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HomeMy WebLinkAbout1.0 Applicationa Mark L Senior MLB/eh xc. Earl Rhodes, County Attorney oGARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 / ENVIRONMENTAL HEALTH: 945.2339 / BUtLDtNG 945-8241 April 8, 1983 Mr. Robert Coloroso 30412Highway6&24 Ri fl e, C0 81650 Dear Mr. Coloroso: Please be adv"ised that the Coloroso Subdivision Prelimjnary Plan approval is valid for a period not to exceed one (1) year from the date of Board approval or condjbjonal approval, unless an extensjon of time is granted by the Board. Your subdivision rece'ived condi- tional approval of the Preliminary Plan on August 9, 1982. In order to comp'ly with the above provision, jt will be necessary for you to submit a complete Final Plat application that meets the conditjons'identified in Resolution 82-20? by August 9, 1983 or request an extension of time If you have any questions regard'ing this letter's content, please call me Si ncerely, Bean Pl anner !fi{c,- ,,llea,{ El!nlE:2 anc, rno zo OSENDER: Comptste irems 1 Add yourqddress on rel/erse. ,2,3, and 4. in the "RETURN TO" space (coilsuLT FOSIIASTER FOR FEES) r. The following service is requested (check one). Q Stno* to whom and date delivered ! Str"* to whom, date, and address of delivery.. z. D nEsrnlcrED DELIvERy (The resticted delivery fee is charyed in addifion rothe return ruceipt fee.\ -0 -c -0 TOTAL S Mr. Robert Coloroso 304L2 Highwat 6&24Rifle, C0 81650 3. ARTICLE AOORESSED TO: ., WPE OF SEBVICE: REGTSTERED I rxsuneo cERnFED flcoo ARTICLE NUTEER P 208 186 320 ot addressee or ag"nt)obtaln described D agent the tr 83 ADDRESS (Only if requested)6. ADDf,€SSEE'S POSTIAAK 7. UI{ABLE TO DELIVEA BECAT'SE:7a. EXPLOVEE'S rr{tTtALs t'Ar,yV20I4 BLAKE AVENUE I eGARFIELD CDUNTY PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO Bl 5Ol or require additional information, contact me. PHtrNE 945-A2122rl14 BLAKE AVENUE November 4, 1982 M::. Robert Colonoso 30412Highway6t24 Rif1e, CO 81650 Dear Mr. Coloroso: Pursuant to our. conversation, f wish to inform you that the Board of County Commissioners alre not able to review the Final Plat of the Co.l-oroso Subdivision because the conditions of submittaf of the Final Plat outlined in Resolution No. 82-202 have not been met (copy enc]osed). The Boand referned the Pl-at to the Planning Commission based on the representation that all- of the conditions would be complied with prior to the P.l-anning commission review. Since this is not the case, the Board is not able to take action on the Final P1at. If you have any questions please do not hesitate to Sincerely, Dennis A. Stranger Dir"ector. of Development DAS: l-w EnclQsune I o THOMAS \^/. STUVER RUSSELL GEORGE STUVER & GEORGE ATTORNEYS AT LAW I2O \^/EST THIRD STREET RIFLE. COLORADO AI650 September 10, L9B2 *5*of\','ifm $TF i i irir,^r+e,f G4;:11.,,rsr.ennoNE 3o3 - 625' lasT cotrvry inCi,**. Earl G. Rhodes Garfield County AttorneY P.O. Box 640 Glenwood Springs, Co 8L6A2 Re: Garfielcl School District RE-2, Coloroso Subdivision S Dear Earl: It is my understanding that the subdivision improv-ements "gr".r";rt with the Cointy is generally guaranteed b-y secu- ilty in the form of a prbmissory note and a deed of trust in favor of the CountY. If this is the case, I would suggest that the subdivision improvements agreement and the piomissory note include the g7lOOO.OO "itimately due for scirool fees. Releases from the deed of trust coul<i'be permitted only upgn payment.of i466.67 p.i-t.i ior the release'of the first 15 lots or units - A lirnilrr mechanism was used in the Sun Rise Subdivision, trrUdi.ri*iott improvements agreement, which cal1ed for the $iOOO.OO ""f,ooi-fee paid iil its entirety upgn the subdivider's iirst request-iot reiea"e of any lots o? substitution of security for those lots. If it is not possible to include a provision covering this matter in the'subdivision improvements agreement, it may- be that Coloroso could give a sLparate promissgry-note to the ict-ro"r Districi tor 57 ,000. 00- secured by a deed of trust covering the subdivision with similar partial release provisions. 1 would be happy to discuss this matter further with you at your request. Very trulY Yours, STUVER & GEORGE, P.C. TWS: ddb W. Stuver t o P.O. Box 640 Septenber 7, L982 GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE Glenwood Springs, Colorado 8f 602-0640 sEP I 1982 Phone 945-9158 r I I rtrird Mr. Thonas W. Stuver I20 t{est Third St. Rifle, CO 81650 Dear Tom: This will acknowledge receipt of your .IuIy 15, 1982 letter to the Board of County Comnissloners as to the school fund payment from the @loroso Subdivision. Dennis Stranger, the Planning Director, has brought this matterto my attention and asked me what mechanism would be used in the subdivision improvements agreenent to guarantee that the payments would be made to the school fundr as agreed upon by the school board and Mr. Coloroso. f would appreciate any thoughts you have as to what guaranteed mechanisrn should be used. Very truly yourB, Earl G. Rhodes Garfield County Attorney EGR/tb xc3 Dennis Stranger tll o oGARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 / ENVIRONMENTAL HEALTH: 945-2339 / BUILDING: 945-824 I TO: Earl Rhodes, County AttorneY FROM: Dennis Stranger, Director of the Department of Development DAIE: January 17, 1983 RE: Coloroso Subdivision Pursuant to your request of January 12, 1983, you will find attached copies of the minutes of Planning Cormnission meetings on the Coloroso Subdivision. The subdivisj-on review process to date has culminated in approval of the Preliminary Plan (Resolution No - 82-2OZ) Subsequent to the approval of the Preliminary Plan, Mr. Coloroso submitted a Final Plat for review. It was the opinion of the Planning staff that the submittal \^,as not complete because conditions six and eight of Resolution No. B2-2OZ had not been complied with. Mr. Coloroso insisted on a meeting with the Plarrning Commission on September 8, 1982 purporting that a1I conditions would be complied with prior to the meeting. The Planling Comrnission recommended that the Board of County Commissioners not take any action until the conditions of approval of the Preliminary Plan had been complied with. Mr. Coloroso stated that a denlal of the Final Plat r+ould aid in a 1aw suit he \.ras contemplating against the Rifle South }detro District. The Board of County Commissioners reviewed this matter and determined that the conditions of approval of the Preliminary Plan had not been complied wit.h. The Board directed the staff to notify Mr. Coloroso of that fact (please refer to ury letter of November 4,1982 to I'Ir. Coloroso. ) I realize that this is a very cursory review of the status of the Coloroso Subdivision. If you have any questions or require additional information, do not hesitate to ca1l. MEr.l 9-B4NpUM 201 4 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 8I60I at JOHN W. SAVAGE, JR. ATTOBNEY AT l.AW 1301 ARABIAN AVENUE . P.O. BOX 1920 r RIFLE, COLORADO 8105G1920 r (3Gt) 02tt470,0i1''1305 June 22, I9B4 Mark Bean Garfield County Planning Office 20L4 Blake Avenue Glenwood Springs, CO 81601 Re:Coloroso Subdivision-Rif le Village South Dear Mr. Bean: Request is hereby made for an additionalone year extensionof Preliminary Plan Approval of the Coloroso Subdivision, aresubdivision of a parcel of land in Block 8, Rifle Villaqe South Subdivision. The Preliminary Plan was originally qranted, with conditions,on August B, L982, by Resolution 82-202. A one year extension was granted on August 8, 1983. The conditions requiring the 1983 extension request are still extant. Rifle Village South has not yet obtained ajudication of an augmentation plan andMr. Coloroso's litigation with the District is unresolved. Please schedule this request before the County Commissionersat your pleasure between now and August 9, 1984. I would apprecj-ate it if you would confirm the date with me pri-or to finalization. V y truly yours W. Sava t JIIIS:lw Steve Zwie.k Robert Coloroso 0 rtr*-*.-' '',!'':'! JFSc*rr*,.. ; ,\ra fi1 JUit ?: 5 7eij4 'I' tt , LJIG&rtila Ca"i'Jj\!'1fi 6;;! t JoHN w. sAVAGE, JR. O ATTORNEY AT LAW l30l ARABIAN AVENUE . P.O. BOX r026 r R|FLE, COLORAOO Bt650t926 . (303) 62$1a70.625.1395 'ti n ff'w Garficlcl Garficld Glcnwoocl IIAND I]'TJL I VIIP.[]D Coun t1' Conrmis s ioncr s; Countv Courthousc r\nnc>: Sirrin.;s, CO 8I601 Augus t 5, I9B 3 ilc : Dear Commissioners: Pursuant to )'our letter of April B,hereby' made on behalf of Bob Color:oso anci hisabove referenced subclivision for an cxtentio:tsion of final plat. For titc altovc reasons \.JC rcspectf ul lvextension of thc tirnc linrit for filing of finalColoroso subclivision to August 9, 1984. Col-ot-oso .Subrlivision Prclirrr- inarl' Plan, Ilcsolution 82-202 l9B 3, rc(luest ispartncrs in theof tine for submis- A combinatiott of factot:s makc tlris rc(rucst nc-ccssar\'.(1) Tire currcnt cconomic clinatc of Riflc;nal:ci this r;rojectdifficult; (2) ,\juilicraLion of P.iflc ViIlaqc South iletro Dis-trictrs watcr au(jmcntation i;1an has bccn clc1a.,,crl (it is schcclulcdfor Pre-Tria1 Confercitce on llove;.iiber 27, l-983); anC (3) .\1r.Coloroso's currcitt litiqation r.'ith RifIe ViIlagc South maI:.cs ncgo-tiation of water ancl sci{cr scrvicc riit}'r cithcr the Ci t.,' of Ilif Icor Rifle ViIlac;c Sor:th clifficult. rccrucst a l, lat for onc-)'ea r thc Pleasc call if arlditional informatio:t iswouIC al-so apprcciatc it if I'ou vroulcl adr",isc mc ifmatter rvill be i)rosentccl to the planning ancl Zolrinqor Boarc of Countl'Comnrissioncrs so that rri'clientithere to answer ani' qltestions that rna], bc raisccj. re.luircC. I ancl witcn this Comrni ss ion a r-irl I n:r 1' bc ll th ]rour. Itiy pcl. sona I apoloE)' f or Ioclg ing tltis rcclucs t a t thc Thank ),ou for your Ilind assist.anci in this matter. VenI'truly l yours, I{ \/I lA JWS:d1b Dcnnis Stran!,c'r Bob Coloroso CC: Jo I 6;Sa /\ffL-, vasc ,/6r. o Stuver Coloroso Clark, SuPerintendent S'i'UVi:R & G[OIIGE ATI(Jiii{EYS AT LAW .I 2O \\'LSI THI'iD STFtE.T Rlt.l-E. COLORADO Bt 650 July 15, l9BZ o THO''1AS W. STUVER FIUSSELL GEORGE TTLETHoNE 3O! - 625-laA7 Board of CountY Commissioners Garfield CountY if"r review by- the County Attorney) PO Box 640 Glenrvood SPrings , CO 81602 Re: Coloroso Subdivision Gentl emen: This office represents Garfield School District Re-2' At the Board of ii""ation's regular meeLing-on.l"l{ 13, L982,- Roberr Colorof;-;;;"ri.a r"[r.sting goaid consideration of J"i.rrrf of the Cbioroso Subdivision School Fees. After discussion, the Board agreed to reques!^!h:^county to require payment 6t rhe fees ,E the rate cif $200.00 Per unit for the 35 unit subdivision rn,ith payment to occur at the ;;;.-;f itr5,6.Ot ar rhe rime each bf- tn" f irst 15 units in the subdivision is sofd to third partigt-by the-developer. Thus the a"".i"per's requirements-would be met fot the entire subdivision by the ti.u the fifteenth 1ot was so1d, but the a"""i"p"i- r"ifd not be required to Pay the entire amount at the li*u of final plat approval' The district would request that the provision for gua-ran- i""i"g the pry-;;a oi'th.". fees in iccordance with the foregoing be made in the ii.,rt subdivision agreement entered into"betileen the developer and the County' I,fr. Coloroso indicated to the Board that he rvould accept this payment schedule- Very trulY Yours, STWER & GEORGE, P. C. Thomas W. Tl^lS: 111 cc t.(.obert Dariel Page 44 ot SUBDIVISION IMPROVEMENTS AGREEMENT In r:e: COLOROSO SUBDIVISION, Garf ield County, Colorado Intending to be 1ega11y bound, the undersigned subdivider hereby:tgrees to provide throughuut this Subdivision and as shown on theFinal Subdivision Plat and related plans thereof of the COLOROSOSUBIIIVISIoN, dated July 1, 1.982 as prepared by T.V. GAREL, Consul-ting Engineer and Land Surveyor, the following improvements to thestandards of the County" [)escf i nt ion of Tmnrnrramanf E cr i ma J-al lI--; +rl-+:-.^+-l C. GARFIELD CDUNTY PLANNING DEPARTMENT GLENWOOO SPRINES, trOLtrRADO Bl 6Ol PHtrN E 945-A2122OT4 BLAKE AVENUE September 2, L982 Robert Coloroso 3O4l2HighwaY6&24 Rifle, CO 81650 Dear Mr. Coloroso: This letter is to remind you that the Final Plat of Coloroso Subdivision will be reviewed by the Garfleld County Planning Couudssion on September B, 1982. The rneeting will begin at 6:30 P.II. although your item will be reviewed later ln the meeting. You will find enclosed a copy of the Subdivision Improvements Agreement prepared by the County Attorneyrs office for subdivisions. This is the approved format. Please revlew this Subdivislon Improvements Agreement. The form is set up to merely fill in the blanks- If you have any questions or require additional information, do not hesitate to call-. Sincerely, f/r,-;-, Dennls A. Stranger Director of Planning DAS :1w In re: C0LOROSO SUBDIVISION, Garfield County, Colorado ACCEPTANCE: Page Two resolution of the Board of County Commiss'ioners for unty, Colorado at the Meeting of ,L98Z as Resolution Number Chairman of the Board ?uurrrrsroN rMPRovEMENrs o#r*u*, Approved Garfield by Co o o COLOROSO SUBDIVISIONGarfield County, ColoradoJuly 2, 1982 ESTIMATED COST OF IMPROVEMENTS BASED ON FINAL PLANS AND CURRENT PRICES OF MATERIALS" Item Description of Improvement No" Unit Prices Mateiiel Ihstal lat ion Tota I Cost Estimated Quant i ty TOTAL ESTIMATED CONSTRUCTION COST OF SANITARY SEWERS: Sanitary Sewer Collection System 1" Size 8rf SDR35 PVC Pipe Z. Size 4rr PVC Pipe 3. Manho1es, 9 t -6tt depth 4. Extra depth 5. Service Sets 6. Ravine Crossings Water Distribution System 1. Size 8" PVC C1-160 Pipe 2. 3/ 4" Copper tubing 3. Fittings 8x8x8 Tees 8x6x8 Tees 6x6x6 Tees 8x6 reducer 6t' s leeve s8" end cap 4. Valves Size 8" Size 6" 5. Fire Hydrants 6. Meters and service sets 2,L80 L"F" 1,650 L.F" B ea. 4 ft. 46 €zt. 3,000 yds. L,700 L.F. 1,760 L"F" 2 ea. 6 ea" 4 ea. 46 eo. $ 2.60 $ 0.s5 525.00 30.00 45.00 6 " 65 3.00 125.00 20"00 2.00 $20,165.00 5,857" 5,200" 120. 2rgg0. 6,000. $40,352. 4.50 $13,345. 2"50 5,896. $ 3.3s $ o.8s I 4 2 Z 2 1 ea. ea. e0" ea. eau ea. 180.00 170.00 110.00 65.00 80.00 35.00 445.00 300.00 860.00 165.00 230. 880. 320. 130. 280. 35. s0.00 50.00 s0.00 0.00 60.00 60.00 60.00 125.00 40.00 1,010. 2,r60 " 3,940. 9,430. TOTAL ESTIMATED CONSTRUCTION COST OF WATER SYSTEM: Street Improvements 1" Excavation to Subgrade 6,100 yds. Z. Compaction into fill 61100 yds. 3" Base Course Material 3,890 tons $ Z.OO 4. 2" Bit" Mat 7,250 Sq.yd. 3.80 5" Tack coat 7,250 Sq.yd. 0.55 6. Curb $ sidewalks, 6r-5r' 3r660 L"F" 8.00 7 . Curb returns 6 each 700.00 8. Pans 3 each 330.00 9. 24't CMP Pipe 160 L.F. i4"00 10, Catch Basins 5 each" $37,656. $ 2.00 $tz,zoo. 3.00 r8,300" 3.00 38,900. 27 ,550 . 3,9BB. 29,280. 4 ,200 . 990. 6.00 3,200 " 4,500" TOTAL ESTIMATED CONSTRUCTION COST OF STREET IMPROVEMENTS: $]43,I08. o oDECLARATION OF COLOROSO SUBDIVISION HOMEOWNERS ASSOCIATION THIS DECLARATION, made on date hereinafter set forth the Ownersof record, hereinafter referred to as 'rDecarant". WITNESSETH: WHEREAS, Declarant are now the owners of certain lands in Garfield County, Colorado, more particularly described as follows: Lot A, Block One (1) of the Coloroso Subdivision. NOW, THEREFOR, Declarant hereby declares that all of the real property described above shall be conveyed to the County of Garfield for thepurpose of establishing a Public Park" ARTICLE I DEFINITIONS Section 1. rrAssociation" shall rean and refer to the Coloroso Subdivision Horpovrners Association, a Colorado Non-Profit Unincorporated Association, and its successors and assigns. ftBoard of Directorsrr or rBoard[ shall mean and refer to the duly elected and qualified membrs of the board'of directors of the Association, acting in an official capacity" Section 2. ilOt{nerrt shall mean and refer to the record title holder, whether one or more persons or entities, of a fee simple interest in any Lot which is a part of Coloroso SuMivision; provided, however, that upon entering into a purchase contract or option, such purchaseer and not the record title holder shall be deemed to be ttrc tfownertt for all purposes herein. The term rrOwnerrr sha1l also include the Declarant and its successors and assigns with respect to all Lots held in the nare of the Declarant and.which Declaran has not agreed to sell under contract or option. Section 3. 'rPtrblic Park" shall mean and refer to Lot A as indicated on the recorded Plat of the Coloroso SuMivision, Garfield Courty, Colorado, together with any personal property hereafter owned or controlled by the Association for the cormon use and benefit of the Owners and the conrm:nity, together with all inproverents thereon , if any. Every Ourner, and the successors and assigns thereof, sha1l be deerned to have consented to the use and control of the Public Park by the Association for the benefit and enjoynent of all Oumers in accordance with the provisions of this Declaration and the Bylaws and rules and regulations of the Association. Section 4.rrTot, shaI1 mean and refer to each nunbered lot of the coloroso sub- division, as shorun on the recorded plat as Doctrnent No.in the Office of the Clerk and Recorder of Garfield Cotnty, Colorado, excepting Lot A and Lot B. Section 5.I'lrbmber, shall mean and refer to any person or enity wtro is a member in the Association" ARTICLE II PROPERTY RIGITS Section 1.'rornmerts Rights". Every oumer shall have a right to use and to benefit from the Public Park intended for the use and enjoyment of a1l the members of the Association" Such right sha11 be appurtenant zo and shall pass with the title to every Lot, subject to the following provisions: ao the right of the Association to charge reasonable fees and assessment-s to each Oumer for the use and enjoyment of the Public Park facilities, for the acquisition, maintenance, repair, replacement, upkeep, operation, and I)ltgc 'l\^to COLOROSO SI.EDIVISION ASSOCIATION inprovement thereof and to establish reasonable reseryes for dellrcciation and contingencies; b. the right of the Association to adopt rules and regulations govcr- ning such use and enjoylrrent, ild to suspend the voting rights and right to use and benefit from the Park facilities by an Owner for any period during which any assesssrrcnt against his Lot remains unpaid, and for a period of time as determined by the Association for any infraction oF its published rr.les and regulations; c. the right of the Association to barrow money for the purprose o1' ruprovilg the Park and to take such steps as may be reasonably neccssary to protect such inprovenents; d. the right of the Association to close or limit the use of thc Park while maintaining or makiag replacenents thereon or thereto; and e. every Oumer of a lot shall have the right to use and enjoy the Park subject to the right of the Association to charge reasonable {'ees :rnd ass- essments to each Owner for the acquisition, mai.ntenance, repair, replacenent, upkeep, operation and improvenent thereof and to establish reasonablc rc-ser- ves for depreciation and contingencies. Section 2.DEI^EGATION OF USE" fury Owner may delegate hls right of usc and bcncfit. from the Park to the members of his family, his zenants or guest who occupy his Lot. Section 3.PERSOI{AL PROPERTY. The Association nury acquire and hold for thc u-sc and benefit of all members of the Association tangible and intangible personal prop- erty and may dispose of the same by sdle or otherwise; and the beneficial interest therein shal1 not be transferable except that the transfer of a l,ot shall transfer to the transferee all of the transferorts beneficial interest in such personal prop- erty without any referance thereto or execution of a bill of sale. Iiach Owner may use such personal property in accordance with the purpose for which it is intcnded, without hindering or encroaching upon the lawful rights of the other Owners, subject to the provisions hereof and the By-laws, rule and regulations of the Association. Sale of a Lot r:nder foreclosure or execution sha1l entitle the purchaser thereof to the beneficial interest in the personal property associated with the t,ot and to msnbership in the Association. ARTICLE III MEI\,tsERSI]IP A}ID VOTING RICJI_ITS Section 1. Every Olvner sha11 be a member of the Association. Membership sha11 be appurtenant to and rnay not be seperated from ownership of the Lot, I{hen more than one person holds a beneficial interest in any Lot as joint tenant, tenant in contrnon, partner, shareholder or otherwise, all such persons sliall be nrc-.mbcrs, but the vote or votes attributable to such Lot shall be cast as such persons among them- selves determine and no division of the vote or votes attributal>le to such Lot shall be permitted. A11 matters shall be decided by m;rjority vote, except rrs othcrwisc ex- pressly provided hereia or in the By-laws of the Association, The By-laws of the Association shall be adopted by ttre Association and shal1 govern procedures and requirements for notice of meetings, quoruns, voting and other matters of internal regulation. The Association sha1l adopt rules and regulations in the manner lrnd to the extent authorized by its By-laws. The business of the Association shall be conducted by a Board of lvlanagers of three Owners and as set forth herein and in the By-laws. The Board shall be ele-.ctcd an- nua1ly. ]oun'mns t COLOROSO STJBDIVISION f,UOvr.rgns ASSOCIATION o Page Thrce ARTICLE IV COVENANTS FOR ASSEMENTS Section 1" CREATION OF IllE LIEN AND PERSONAL OBLIGATION FOR ASSESSMENTS., The llecclarant, for each Lot within the Coloroso Subdivision, a1l of which arc owned by the Declarant on the date of recording of this Declaration, hereby covenants, and each subsequent Owner by acceptance of a contract or deed thereof, whether or not is so expressed in such a contract or deed, sha1l be deemed to covenant, that each of said Ipts sha1l be and hereby is nnde subject to the assessnents as provided herein for the use and benefit fo the Association and its members; and the Declarant and each subsequent O^mer do hereby covenamt and agree, subject to the tenns and condj-tions of this Declaration, to pay to the Association (1) annual assessments; (2) special assessrrents for capital i:rprovements. Such assessments shall become and constitlrte a lien on such lot as of January 1, following the date of such assessnents are established, as to anrrual assessments; or as of the first date of the fir-st month following the date such assessment is established as to special assessments. A11 assessrrents shall also be the personal obligation of each Ovrner of a Lot at the time the assessrrent becalre a lien. The personal obligation for deliquent assessments shall not lass to an Ownerts successors in title tmless expressly assurned by them. Section 2. PLJRPOSE OF ASSESS\,IENTS. The assessments levied by the Association shall be used for the purposes setforth in the preamble, including the improvement and maiaten€urce of the Park, utility charges and insurance premiuns appllcable to the Park as the Board of lr&.nagers of the Association shall decide from time to tirne. Section 3.AIINUAL ASSE$SIVIENTS" tlntil December 31, 198 , the annual assessrnent for all members and their respective Lots shall be established by the Board at the initi:al meeting thereof" (a) On and after January 1, 198 , the annual assessrnents mzry be incre:rsed or decreased each year by said Board, but shall not be increased by more than 15% of the previous yearts assessnent except upon approval oF such action by a majority vote of the voting membership of the Association with a condition that two-thirds of the voting membership must vote to be a duly constituted vote. (b) If the Board shall fail to establish an annual assessment for €my year conrnencing on or after January 1, 198 , the annual assessment for such year shal1 remain the same as for the year-i-nrnediately preceding; except that, upon approval of majority vote of the entire membership, such assessment may be increased or decreased as of the first day of any nnnth" Section 4, SPECIAL.&SSESSMENTS" A special assessment for the repair, reconstruc- tion or replacenent of capital improvements shall be madc only upon rcsolution o[ the Board, followed by a najority approval of not less than two-thirds of the cntire membership voting" Ovrners shall be assessed for capital expenditures upon resolution of the Board followed by'a najority approval of two-thirds of the membership voting. Section 5. PAYMENT" The annual assessments shall be due at the beginning oF c:tch l2-npnth period, corrnening .Ianuary 1, 198_. Special assessments shall be due on the date they become a lien and shal1 be paid:rnd collected in such inst;rllnrcnts with such dates of delinquency as may be provided in the resolution est:,rbl ishing safle. The anmral assessnpnts against each Lot shall be made by resolution of the Board at least thirty (30) days in advance of .Ianuary 1; provided, howcver, suc-lr assessments for the Association"s first fiscal ycar, ending l)ecember"31, l98 , shall oo COTOROSO SUBDIVISION HO\'IEOI^INERS ASSOCIATION Page Four be nade on the date of the initi:al meeting of the Board thereof. Written notice of all assessrrpnts sha1l be frunished to every ov*rner, The Associi.rtion shall' upon dernnd, furnish a certificate signed by an officer of the Association setting Forth whether the assessnents on a specified Lot have been paid, and such certific:rte shall be binding trpon the Association with respect to any purchaser or encumbrancer relying thereon" SCCIiON 6. EFFECT OF NO\IPAYMENT OF ASSESSVIENTS" ANY ASSCSSMCNT Of UNNthlY installment thereof not paid on oI before thirty (30) days from the darte due sfuill be delinquent and the Association may bring an action to collect all delinquent assessments against the Owner personally obligated to pay the same, or foreclose the assessnent lien against sr.rch Orrunerts Lot. No Oruner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Park or abandorurent of his Lot" Section 7. SUBORDINATIOI{ OF THE LIEN T0 I\4ORTGAGES. The lien of the assessments provided for herei:r shal1 be subordiante to the lien of any first purchase money nnrtgage. Sale or transfer of any Lot shall not release any such assessment lien. As used hereia, the term rtnortgage" shall mean and include only a bona fide purchase money mortgage, purchase ilDney deed of trust or a contract for deed and the vendorrs lien theretmder; but shall not include non-purchase money mortgages or deeds of trust or involtrrtary liens, such as mechanicrs liens and judgment liens. ARTICLE V INSTJRAIICE AND INDEIVIIIFICATION Section 1" INSIIRANICE. The Association sha1l maintain at all trmes lrsurance policies for casualty, liability and other coverages in such amounts zrs the Roard deems necessary. section 2. INDEMNIFICATIoN. Each officer and director of the Association shall be indenu1ified by the Association against all expenses and I iabitities, including attorneyrs fees, reasonably incurred by or imposed upon him in any proceeding to which he may be a party, or in which he may become involved by reason of his being or having been an officer or director of the Associtation, or any settlement thereof, whether or not he is an officer or director of the Association at the time such ex,penses are ilrcurred, except in such cases wherein the officer or director is adjud- ged guilty of gross negligence or wil1fu1 misconduct il the performanc-e of his duties. ARTICLE VI GENERAL PROVISIONS Section 1" EI.{FORCEMENT. The Association, or any Or,^iner, shal1 have the right to enforce by any proceeding at 1aw or in equity, all conditions, covenitnts, I icns or charges now or hereafter imposed by the provisions of this Lleclaration' Fallure by the Association or by an Owner to enforce any provision hcrcin cont:linccl :;lt:rl I in no event be deemed a waiver of the right to do so there{}fter. Section Z. SEVERABILITY. Invalidation of any one or nore of the conditi-ons of this Declaration by judgement or court order shall in no way affect any other provisions r^ltrich shal1 remain in full force and effect. Section 3. REGISTRATI0N BY OWNER oF MAILING ADDIIESS" Hach Owner shal I rCgiStCT COLOROSO ST'BDIVISICI{C****ASSOCIATION o Page [rive his nailing address with the Association, amd al1 notices, statements or denurnds intended to be seryed upon an onrner shall be deemed delivered when deposited in the Lhited States Postal Seryice nnil, postage prepaid, addressed in the name of the Owner to such registered mailing address. The above same proccedure shal I serve for the Owner to register his mailing address. Dated and signed this day of 198 . By: Dawn M. Holmes Robert D. Coloroso STATE OF COI,ORAM COI.]NTY OF C'ARFIELD ) ) ) SS. The above and foregoing was subscribed and sworn to before me this , 198 _, by l)awn M. Holnes and Robert D. Coloroso. My Comnission exPires: - - - WITNESS mY hand and official seal. Notary Publ ic Recorded at Go.t C"u PugcM. Reception No. , BY: DECLARATION OF PT"AN AI{D RESTRICTIVE COVENANTS FOR coloRoso SI.IBDIVISION, GARFTELD COUNTY, COLORADO rc{Olll ALL MEN By THESE PRESENTS, that Dalvn M. Holmes and Robert D. Coloroso, the Ouners of the following described real property, being desiror-rs of subdividlng said property into lotI to be used exclusively for residential purposcs and to proteit itre iryrchasers of said lots by appropriate restrictive covenzlnts, do hereby adopt this plan for the development thereof, to wit: A TRACT OF I-AllD situated in the Northeast One-quarter of the Northwest One-qgarter (NE1/4 NW1/4) of Section 20, Township 6 -Soyth (T.65.), Range 93 West (R. ti3 W.) of the Sixth Principal lvleridian (6th P.M.) being loc- cated within the i}ogndary Lines of the Rifle Village South Subdivision, First Filing, as filed in the Office of the Clerk and Recorder of Garfield County, Cotoiado, as reception nunber 2Z7ZZ0, described as follows: Beginniag at the southwest corner of said NE1/4 NWl/4, bgilg_ql f19n _pipewilfr grals Cap, properly marked curd in place; thence S. 30" 50r 50" W" 2"40 feet to -the-noitheasterly line of a 60 foot street; thence along the arc of a curye to the left 166.46 feet having a radius of 212.11 feet, the chord of which bears N. 67" 59r 36" W. 162 "24 feet; thence S" 89" 31r 19" W. 413.91 feet along the northerly line of said 60 foot street; thence N. 00o 3Zt Z}t, WI 6SO.OO feet to the Southerly Line of lot 21, Block 8 of said Subdivision; thence N. 89o 31' 19" E. 565.00 feet along the Southerly Line of lots 21 thru 51, inclusive, of said Block 8 to a point on the, Easterly Line of said Subdivision; thence S, 00o 32' 20" E. 710.00 feet along the Easterly Line of said Subdivision to the Poi.nt of Beginning. Also l"ots 22 thr; 31, inclusive, in Block 8 of the Rifle Village South Subdivision, First Filing, and all contain.ing 10.10 acres, more or less" AREA OF APPLICATION 1. FULLY PROTECTED RESIDENTIAL AREA. ThC TC.S idCNt i:T I RESIDENTIAL AREA COVENANTS 1. LAND USE AND BUILDING TYPE . NO lOt ShAII bE USCd area covenantS, hereinafter set forth 1n shal1 apply to all of the lots in the Col as more particularly hereinabove describe except tor resldentl.al purposes, excep ting Lot A B. No building shal1 be erected, altered, place permitted to remain on any residential lot other detaached single family dwelling structure, not ZS feet in height and arry private gilrage l imited more than two passenger type vehicles" their enti rety oroso Subdivision, d. and Lot dorbe than oneto exceedto not t-cmpor:t ry chtt r- equipernent or permi ttc'd. to obstruct the 2. DWELLING SIZE. The ground floor area of the main livin@ any dwelling, exclus ive of ollc-story open porches and garag€s, shall be not less than 1,000 s(uare feet for a one-story dwelling; and not less than 700 square feet for a dwelling of more than one story- 3. RESUBDIVISION. No lot or group of lots shall be resubtlivlded In any manner. 4. EASEMENTS" Easements for the installation and matn- tenaneE-oFTTfTities, drainage and drainage faci.1itics ale reserved as shown on the filed Plat' 5. TEMPORARY STRUCTURES . Structures of acter toring landscaPe recreational vehicles and apparatus wiil be Such structures shall not be placed so as view of the adjacent dwelling structures. o Pa gc '['wo 6. VEHICLES" A11 recreational vehicles, campers, boatslfrTiiGl'ance equipment, and non-licenced non- operati.ng motor vehicles or parts thereo_f, shall not be parked, stored, or worked on in the front street or front yard of a residence' nor in the side yard area where it projects into the the front yard ,ilrea of an adjacent residence. 7" REFUSE. No refuse of any nature, or thc recep- tacleF or-Eontainers for storing refuse, sha11 be stored or be allowed to accumulate in the front area of res id- ences, except during the times of refuse collection per iods . 8. FENCES" The rear of any lot up to the front line of an/:-7e-Eidence may be partially or completely fenced. No fence shall extend beyond the front line of an existing residence. All fences, including any foundations, retain- ing walls or other structure upon which a fence might be placed, shall not exceed a combined height of six (6) feet. Fences placed acIosS easements may be requested to be temporarily removed by the owner for the mainten- ance of utillities or drainage structure-s. 9. LANDSCAPING. Within one year from the date of occup- ancyr-fionT-a;ea yards and areas of potential erosion shali Ue landscaped and thereafter maintained for both asthetic purposes and to prevent and control erosion. ARCHITECTURAL CONTROL COMMITTEE 1. MEMBERSHIP. The architectural control committee Is conpoFe?[-anftiE-11y of the following two members: Dawn M" Holmes and Robert D. Coloroso. Upon the sale of the first three (3) lots in the Coloroso Subdivision, a third mem- ber shall be appointed from the Owner or Owners of said lots. Upon the sale of twenty-four (24) of the lots in the Coloroso Subdivision, the initi;rl two membcrs of thc committee sha1l be succeeded by two homeowners in the sub- division as shall be appointed by the initial two members. Thereafter, a majority of the commiztee shall have auth- ority to designate successors to the comtnittee from homc- ownerS in the Coloroso Subdivision. No compellsation sha1l be paid to members of the committee. Provided no group of three homeowners are willing to serve, then any one homeowner may assume the responsibility of the Committee, until such time as three homeowners are interested in assuming the Committeers responsibilites. Z. RESPONSIBILTY AND AUTHORITY. The Architecual Control Commi ibility fro enforcing the Covenants of the Subdivision" Prior to the constluction of any structure or fence in the Subdivision, the Owner shal1 obtari:n the written approval of the committee that such construction is in compliance with the restrictions contained in these covenants. o 3f d p b . PROCEDURES. rom a homeowner ayS, in writing roposed action. e given and fai Upon receiving a request for approval , the committee sha1l, within thirty (30) , indicate approval or disapproval of the Specific reasons for disayrproval shall lure to act within the thirty days by the Corunittee shall be deemed an approval by the Committce. Provided further, a failure of a majority of the Committee to disaprove a request shalt also be deemed :tnd approval. The covenants contained herein shall be the sole stitndard in approving or denying an request. o o Page Three by proceedings at persons violating Enforcement may damages, or both; the Subdivision or on of these coven- in no wise affect remain in full the ir day of this Robert D. ENFORCEABILITY Z. ENFORCEMENT. Enforcement shall be law or in equity aga inst any person or IN WITNESS WI{EREOF, the Partiesrespective signatures to the foregoing 1982. Dawn M. Holmes Robert D. Coloroso STATE OF COTORADO COUNTY OF GARIELD SS O 1. TERMS. These covenants are to run with the land and strraTf-Ee binding on all parties, including 1ot owners, developers and bui1d"rr, and-_a11 persons claiming under them fbr a period of twenty-five (25) years from the date these covenants are properly recorded in the Off i ce of the Clerk and Recorder fbr ^Garf ield County, Colorado, af ter Which time, said covenants shal1 continue to run unless an instrument signed by a majority of,the lot ownershlp, where the owner 5f eacf, lot ls counted as one ownership, elthough one or more pelSonS may hold.ownership- to more than oile lot, has been recorded agreeing to a change in said covenants, and where such chang_e and/or changes shall ef fect the whole or arly part thereof " or attempting to violate any covenant. be to restrain violation or to recover and nay be brought by the homeowner of the Architectural Control Committee. 3. SEVERABILITY. Invalidation of any ants 6ylu@ment or court orders shall any of the other provisions which shall force and effect. The foregoing instrument was day of Coloroso " My commission expires: hereto have affixed instrumetrt this duly acknowledged before me 1982, by Dawn M" Ilolmes and Notary Public ) ) ) , ,DECLARATION OF a COLOROSO SUBDIVISION HOMEOWNERS ASSOCIATION THIS DECLARATION, made on date hereinafter set forth the Owners of record, hereinafter referred to as 'rDecarantr'. WITNESSETH: WHEREAS, Declarant are now the owners of certain lands in Garfield County, Colorado, more particularly described as follows: Lot A, Block One (1) of the Coloroso Subdivision. NOW, THEREFOR, Declarant hereby declares that all of the real property described above shall be conveyed to the County of Garfield for the purpose of establishing a Public Park" ARTICLE I DEFINITIONS Section 1. "Association" shall rean and refer to the Coloroso Subdivision Flomeovrners Association, a Colorado Non-Profit LJnincorporated Association, and its successors and assigns. ttBoard of Directorsrr or 'BoardI shal1 mean and refer to the duly elected and qtralified members of the board'of directors of the Association, acting in an official capacity" Section 2" rrOtvllerrr shall mean and refer to the record title holder, whether oue or more persons or entities, of a fee simple interest in any Lot which is a part of Coloroso Subdivision; provided, however, that upon entering into a purchasc contract or option, such purchaseer and not the record title holder sha1l be deemed to be the tt0wnertr for all purposes herein. The term rrOwnertr shall also include the Declarant and its successors and assigns with respect to all Lots held in thc name of the Declarant and which Declaran has not agreed to se1l under contract or option. Section 3" "Rrblic Park" shall mean and refer to lot A as indicated on the recorded Plat of the Coloroso SuMivision, Garfield Cotnty, Colorado, together with any personal property hereafter owned or controlled by the Association for the cormon use and benefit of the Onrners and the colnntnity, together with all inprovenents thereon , if any" Every Onrner, and the successors and assigns thereof, shal1 be deenred to have consented to the use and control of the Public Park by the Association for the benefit and enjoynent of all Ourners in accordance with the provisions of this Ibclaration and the Bylaws and rules and regulations of the Association. Section 4. rrl.^trt shall mean and refer to each nunbered lot of the Coloroso Sub- division, as shown on the recorded Plat as Doctrnent No._ in the Office of the Clerk and Recorder of Garfield Cotrnty, Colorado, excepting Lot A and Lot B. Section 5.'Trbmber" shall mean and refer to any person or enity r,uho is a memher in the Association" ARIICLE II PROPERTY RIGHTS Section 1.rror^,nerts Rights". Every Ovrner shall have a right to use and to lrcnefit from the Public Park intended for the use and enjoyment of all the members of the Association" Such right shall be appurtenant zo and shall pass with the title to every Lot, subject to the following provisions: ao the right of the Association to charge reasonable fees and assessments to each Owner for the use and enjoyment of the Public Park facilit'ies, for the acquisition, maintenance, repair, replacement, upkeep, operation, and Page TWo COLOROSO SI.IBDI\TI SION D****ASSOCIATION o inprovement thereof and to establish reasonable reserves for dePreciation and contingencies; b. the right of the Association to adopl rules and regulations gover- ning such use and enjoyment,_*9 1o :y:pg;d the voting rights and right to use and benefit from tfte'patt facilities by;ln-Owner {or any pc-riod during which irny assesrrr,*r,t against.his Lot remains unpai{, and for a. period of-iine as determi*a Ui the Association for any infraction of its published rules and regulations; cr the right of the Association to barrow ilnney for the purpose of irp*r*g tfr""Frrf. and to take such steps as may be reasonably necessary to Protect strch inProveuents; d. the right of the Association to close or limit the use of the Park while n*i"t""i"irrg-o, making replacenents thereon or thereto; and €. every oumer of a lot shall have the right to use and enj-oy the -Park subject i"'tn" iighi of the Association to c[arge reasonalrle fees and ass- es$nents to each 5u*", for the acquisition, maintenance, repair, replacement, upkeep, op"trtio" and improvenent thereof and to establish reasorutble reseT- vis fbi depreciation and contingencies' section 2. DELEGATION OF USE" Any Owner rnay delegate his right of use and benefit from the Park to the members of his family, his zenants or guest who occupy his Lot. section 3. pERso\AL pRopERry. The Association may acquire and hold for the use and benefit of all members of the Association tangible and intangible personal prop- erty and may d.ispose of the same by sdle or otherwise; and the benericial interest therein shaIl not be transferable except that the transfer of a lot shall transfer to the transferee all of the transferorts beneficial interest in such personal prop- erty without any referance thereto or execution of a bill of sale. Each owner may use such personal property in accordance with the purpose for which it is intended, without hindering or encroaching upon the lawful rights of the other Owners, subject to the provisions hereof and the By-1aws, rule and regulations of the Association' Sale of a tot under foreclosure or execution shal1 entitle the purchaser thereof to the beneficial interest in the personal property associated with the Iot and to membership in ttre Association. ARTICLE III MEMBERSHIP AI{D VOTING RICJF{TS section 1. Every Owner shall be a member of the Association. Membership shall be appurtenant to and may not be seperated from ownership of the Lot' I{ihen more than one peTson holds a beneficial interest in any l,ot as joint tenant, tenant in conmon, partner, shareholder or otherwise, all such persons shall be members, but the vote or votes attributable to such Lot sha1l be cast as such persons :rmong, them- selves determine and no division of the vote or votes attributable to such Lot sha1l be permitted. A11 matters shall be decide<l by najority vote, except its otherwise ex- pressly provided herein or in the By-laws of the Association" 'Ihe By-laws of the Association sha1l be adopted by the Association and sha1l govern procedures and requirements for notice of meetings, quoruns, votirg arrd other natters of interrtitl regulation. The Association shall aclopt rules zrnd regulations in thc mallncr ltnd to the extent authorized by its By-laws. The business of the Association shal} be conducted by a Board of Man:rgers o[ three Orvners and as set forth herein and in the By-l-aws. The Board shall lrc c:lt-'ctcd ltlt- nua1ly. COLOROSO STIBDI\ruSI o,.r],uconvEns ASSOCIATION o Page 'Ihrce ARTICLE IV CCVENANTS FOR ASSEMENTS Section 1" CREATION OF Tfm LIEN AI\ID PERSOI{AL OBLIC,ATION FOR ASSESSM'iN'IS" The Decclarant, for each Lot within the Coloroso Subdivision, all of which are owned by the Ibclarant on the date of r:ecording of this Declarntion, hereby covenants, and each Subsequent Ouiner by acceptance of a contract or deed thereof, whether or not is so expressed in such a contract or deed, shall be deemed to covenant, that' each of said lots shall be and hereby is nnde subject to the assessments as provided herein for the use and benefit fo the Association and its members; and the Declarant and each subsequent &vner do hereby covenant and agree, subject to the tenns and conditions of this Declaration, to pay to the Association (1) annual assessments; (Z) special assessrrnnts for capital inprovements. Such assessments shall become and constitute a lien on such lot as of January 1, following the date of such assessments are established, as to annual asses$rents; or as of the first date of the first month following the date such assessment is established as to special assessments. A11 assessments shall also be the personal obligation of each Ovrner of a Lot at the time the assessnent becane a lien. The personal obligation for deliquent assessments shal1 not bass to an Orrnerts successors in title unless expressly assurned by them. Section 2. PLRPOSE OF ASSESS\4ENTS. The assessments levied by the Association shall be used for the purposes setforth in the preamble, i-ncluding the improvement and maintensnce of the Park, utility charges and insurance premir.rns applicable to the Park as the Board of lrhnagers of the Association sha11 decide from time to tinte- Section 3. AI{NUAL ASSESSIVIENTS" t}ntil December 31, 198 , the annulrl ilssessrEnt for all members and their respective Lots shall be established by the Board at the initi.al meeting thereof . (a) On and after .Ianuary l, 198_, the annual assessments mily be increased or decreased each year by said Board, but shal1 not be increased by nnre than 15% of the previous-yearts assessnent except upon approval of such. action by a najoiity vote of the voting nembership of the Association with a condition thit t$ro-thirds of the voting membership must vote to be a duly constituted vote. (b) If the Board sha1l fail to establish an annual assessment for amy year ionunencing on or after January 1, 198_, the annual assessment for such year shall remlin the same as for the year inrnediately preceding; except that, upon approval of majority vote of the entire membership, such assessment may be :.ncleased or decreased as of the first day of any nonth" Section 4, SPECIAL ASSESSIVIENTS" A special assessment for the repair, reconstruc- tion or replacenent of capital improvements shall be nnde only upon resolution of the Board, followed by a majority approval of not less than two-thirds of the entire membership voting" Ourners shall be assessed for capitzrl expenditures upon resolution of the Board followed by'a majority approval of two-thirds of the membership voting. Section 5. PAYMENT" The annual assessnrents sha11 be due at the beginning of each l2-nronth period, corunenilg .January 1, 198_. Special assessments shzrll be due on the date they become a lien and sha1l be paid and collccted in strch installtncnts with such dates of delinquency as may be provided in the resolution establ ishing sa1rp. The annual assessments against each Lot shall be mitde by resolution of the Board at least thirty (30) days in advance of .Ianuary 1; provided, howcver, sucl-t assessnents for the Association"s first fiscal year, ending December' 31, l9B-, sh:rl I fo OIOROSO SLIBDIVISION HChEOIIII{EI{S ASSOCIATION Page Four be made on the date of the initiral meeting of the Board thereof. Written notice of all assessllents shall be frunished to every 0urner. The Association shall, l.rpoD demand, furnish a certificate signed by an officer of the Association setting forth utrether ttre asses$nents on a specified lot have been paid, and such certificate shall be binding upon the Association with respect to any purchaser or encunbrancer relying thereon" Section 6. EFFECT OF N0I{PAY},IENT OF ASSESSyIENTS"Any assessment of nnnthly installnrent thereof not paid on or before thirty (30) days from the date due shal1 be delinquent and the Association may bring an action to collect all delinquent assessllEnts against the Owner personally obligated to pay the same, or foreclose the assessrEnt lien against srrch Ownerts Lot. No Or,,iner may waive or otherwise escaPe liability for ttre assessrnents provided for herein by non-use of the Park or abandorurent of his Lot. Section 7. STBORDIMTIO{ OF THE LIEN T0 I\ORTGAGES"The lien of the assessments provided for herein shall be subordiante to the lien of any first purchase money IlDrtgage. SaIe or transfer of any Lot shall not release any such assessment lien. As used herein, the term rlnortgagetr sha1l mean and include only a bona fide purchase flpney nortgage, purchase ltpney deed of trust or a contract for deed and the vendorrs lien therer.urder; but shall not include non-purch;rse money mortgages or deecls of trust or involtntary liens, such as mechanicrs liens and judgment 1iens. ARTICLE V INST'RAI{G AND INDEM.IIFICATION Section 1" INSTRAI{ffi. The Association shall maintain at all times irsurance policies for casualty, liability and ottrer coverages in such amounts as the Board. deems necessary. Section 2.INDE/t{IFICATION. Each officer and director of the Association shall be indenrrified by the Association against all expenses emd liabilities, inclucling attorneyrs fees, reasonably iacurred by or imposed upon hfun in any proceeding to urtlich he may be a party, or in which he may become involved by reason of his being or having been an officer or director of the Associtation, or any settlement thereof, whether or not he is an officer or director of the Association at the time such e4Penses are ilcurred, except in such cases wherein the officer or director is adjud- ged guilty of gross negligence or wil1ful misconduct in the performance of his duties. ARTICLE VI GENERAT PROVISIONS Section 1"ENFORCEMENT. The Association, or any orainer, shalr have the right to enforce by any proceeding at 1aw or in equity, all conditions, covenants, I iens or charges now or hereafter imposed by the provisions of this Declarertion. Irailure by the Association or by an Oumer to enforce any provision herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2"SEI/ERABrLrTY. rnvalidation of any one or rrpre of the conditions of this Ibclaration by judgement or court order shall in no way affect any other provisions urhich sha1l remain in full force and effect. Section 3. REGISTRATIOI{ BY CMN.IER OF MAILING ADDRESS Each Owner shall register *Q****oCOLOROSO SIDDIVISI ASSOCIATION Page l:ive his mailing address r^rith the Association, and all notices, statements or demands intended to be senred upon an Owner shall be deemed delivered when deposited in the Lhited States Postal Service nrai1, postage prepaid, addressed in the name of the Owner to such registered mailing address. The above same proccedure shall serve for the Or,vner to register his nailing address. Dated and signed this day of 198_. By: Dar,rrr M. Holmes Robert D. Coloroso STATE OF COI,ORADO COIJNTY OF GARFIELD The above and foregoing was subscribed and sworn to before me this day of -, 198-, bY Dawn M. Holmes and Robert D. Coloroso. My Commission expires: WITNESS my hand and official seal. Notary Public ) ) ) SS Recorded at o.ro.t .M eoor, Reception No.,By ter set or Pagc in their entircty Coloroso Subdivlsion, ibed. DECI.ARATION OF PLAN A},ID RESTRITTIVE COVENANTS ITOR coloRoso SUBDIVISION, GARFIELD COUNTY, COLORADO KNOI{I AtL MEN BY T}IESE PRESENTS, that Dawn M. Holmes and Robert D. Coloroso, tlre Owners of the following described real property, being desirous of subdjviclingsaid property into lots to be used exclusively ior relidential purposes and toprotect lhe pu-rghasers of said lots by appropriate restrictive covenants, <1ohereby adopt this plan for the development thereof, to wit: A TRACI OF I-AI{D situated in the Northeast One-quarter of the Northwcst One-quarter (NE1/4 NW1/4) of SectionZ0, Township 6 South (T.65.), Itange 93 West (R. 95 W.) of the Sixth Principal lrbridi.an (6th P.M.) being loc-cated within the Boundary Lines of the Rifle Village South Subdiviiion,First Fililg, as filed in the Office of the Clerk Incl Recor<Ier of Carf ielcl County, Colorado, as reception ntrnber 227220, described as follows: Begjnning at the Southwest Corner of said NE1/4 NWl/4, being an iron pipewith Brass cap, properly marked and in place; thence 5. so"-50' s0r' l.J^ 2"40 feet to the northeasterly line of a OO foot street; thence along thearc of a curye to the left 166.46 feet having a radius of 212.11 feet, thechord of wtrich bears N. 670 59t 36'r W. 162,24 feet; thence S, 89" 31' 19" W.413.91 feet along the northerly line of saicl 60 Foot street; rhenccN' 00" 3Zt 20tt W. 650.00 feet to the Southerly Line of Iot 21, Btock B ofsaid Subdivision; thence N. 89o 31r 19" E. 565.00 feet along the- SoutherlyLine of Iots 21 thru 31, inclusive, of said Block B to a point on theEasterly Line of said Subdivision; thence S, 00o 32r 20" E. 710.00 feetalong the Easterly Line of said Subdivision to the Point of Beginning. Also lots 22 thru 31, inclusive, in Block 8 of the Rifle Village SouthSubdivision, First Filing, and all containing 10.10 acres, mor6 or 1ess. AREA OF APPLICATION 1. area shal1 FULLY PROTECTED RESIDENTIAL AREA. The residentialcovenants,ere lnaapply to all of the lots inas more particularly hereinabove RESIDENTIAL AREA COVENANTS 1" LAND USE AND BUILDING TYPE . No lot sh;rl1 be usccl the de scr except tor resrdential purposes, excepting Lot A and LotB. No building shall be erected, altered, placed or ltepermitted to remain on any residential 1ot bther than onedetaached single family dwelling structure, not to exceed25 feet in height and any privaie garage rimited to notmore than two passenger type vehicles,- Z. DWELLING SIZE. The ground floor area of the mainvlng structure of any dwe11ing, exclusive of one--storyen porches and garages, shal1 be not less than 1,000uare feet for a one-story dwelling; and not less than0 square feet for a dwelling of more than one story. 3, resub RESUBDIVISION. No lot or group of lots shal I be 1V1 e n any manner. 4. EASEMENTS"Easements for the instal lation and m.t in- 1i op sq 70 enance of util eserved as sho 5. TEMPORARY STRUCTURES . tr acter for the purposErecreational vehicles Such structures shalview of the adjacent ities, drainage and drainage fac il it ies wn on the filed Plat.ilre of stor and appI not be dwe 1 I ing Structures of temporaTy char-itg landscape eqtripement oraratus wi I I bc pcrmit1.r,tl.placed so as to obstruct thestructures. operating motor vehicles or Partsbe parked, stored, or worked on in or front yard of a residence, nor O O r,agc .r,wo 6. VEHICLES" All recreational vehicles, campers, b oats, ffiaintenance equtPmen t, and non-licenced non- thereof, shall not the front street in the side yard area where it projects into the the front yard area of an adjacent residence. 7" REFUSE. No refuse of any nature, or the recep- tacleE-oTTontainers for storing refuse, shal1 be stored or be allowed to accumulate in the front area of resid- ences, except during the times of refuse collection periods. 8. FENCES" The rear of any lot up to the front line of any resldence may be partially or completely fenced. No fence shall extend beyond the front line o f an existing residence. A11 fences, including any foundations, retain- ing wa1ls or other structure upon which a fence might be placed, shall not exceed a combined height of six (6) feet. Fences placed across easements may be requested to be temporarily removed by the owner for the nainten- ance of utillities or drainage structures. 9. ancy, shal 1 asthe LANDSCAPING.ront area y be landscape tic purposes Within one year from the date of occup- ards and areas of potential erosion d and thereafter maintained for both and to prevent and control erosion. ARCHITECTURAL CONTROL COMMITTEE 1. MEMBERSHIP. The architectural control committee is compose?f-iiii-Ei7-11y of the following two members: Dawn M. Holmes and Robert D. Coloroso. Upon the sale of the first three (3) lots in the Coloroso Subdivision, a third mem- ber sha1l be appointed from the Owner or Owners of sarid lots. Upon the sale of twenty-four (24) of the lots in the Coloroso Subdivision, the initial two members of the committee shall be succeeded by two homeowners in the sub- division as shall be appointed by the initierl two members. Thereafter, a majority of the commiztee shall have auth- ority to designate successors to the committee from home- owners in the Coloroso Subdivision. No compensation shall be paid to members of the committee. Provided no group of three homeowners are willing to serve, then any one homeowner may assume the responsibility of the Comnittee, until such time as three homeowners are interested in assuming the Conrnittee rs responsibilites Z. RESPONSIBILTY AND AUTHORITY. The Architecual Control Commi ibility fro enforcing the covenants of the Subdivision" Prior to the construction of any structure or fence in the Subdivision, the Owner sha1l obtain the written approval of the committee that such construction is in compliance with the restrictions contained in these covenants. . PROCEDURES. Upon receiving a request for approval3f d p b rom a homeowner , the committee sha11, within thirty (30) &ysr in writing, indicate approval or disapproval of the roposed action. Specific reasons for disapproval shal1 e given and failure to act within the thirty days by the Committee shall be deemed an approval by the Committee. Provided further, a failure of a majority of the Committee to disaprove a request shal1 also be deemed and approval. The covenants contained herein shalt be the sole standarrd in approving or denying an request. ENFORCEABILITY ?. ENFORCEMENT. Enforcement shall be o Page Three by proceedings at persons vio lating Enforcement maY damages, or both; the Subdivision or a 1. TERMS. These covenants are to run with the land and s[aTfl-e binding on all parties, including lot owners, developers and builders, and,a11 persons claiming under thern fbr a period of tw6nty-five (25) years from the date these covenants are properly recorded in the Office of the Clerk and Recorder fbr Garfield County, Colorado, after which time, said covenants shall continue to run unless an instrurn6nt signed by a majority of the Iot ownership, where the owner 5f each lot is counted as one ownership, dlthough one or more persons may hold-ownership- to more than oie lot, has been recorded agreeing to a change in said covenants, and where such change and/or changes shal1 effect the whole or any part thereof. law or in equity ag or attempting to vi ants by judgment or court o any of the other provisions force and effect. IN WITNESS WHEREOF, the Parties respective signatures to the foregoing , L982. ainst any person or olate any covenant. be to restrain violation or to recover and may be brought by the homeowner of the Architectural Control Committee. 3. SEVERABILITY. Invalidation of any rders sha11 which sha1l hereto have affixed instrument this Dawn M. Ilolmes Robert D. Coloroso duly acknowledged before me 1982, by Dawn M" Holmes and on of these coven- in no wise aft'ect remain in ful 1 the ir day of STATE OF COLORADO COUNTY OF GARIELD ) ) ) SSO The foregoing instrument was day of Coloroso " My commission expires: this Robert D. Notary Publ ic oo SUBDIVISION IMPROVEMENTS AGREEMENT In re: COLOROSO SUBDIVISION, Garfield County, Colorado lrttcrrcl ing to bc lcgally tround, thc undersigned subdivider herebyagrecs to pr:ovide throughout this Subdivision and as shown on thefinal Subdivision Plat and related plans thereof of the COLOROSOsuBDIVrSI0N, dated July 1, 1.982 as prepared by T.V. GAREL, consul-ting Engineer and Land Surveyor, the following improvements to the -standards of the County" Description of Improvement Estimated Unit Quantity Estimated Unit Cost F,s t imate d Cons truct ion Cost Street Grading and Compact-cd F i11 Street Base Course Material t{ot Mix Bituminous Mat, 2,, 'Iack Coat Storm sewer facilities Curb and sidewalks, 6t-3r' Curb returns and pans Sani.tary Sewer Collection Sys tem: S i ze 8't ma ins Size 4" laterals Manho 1 e s Service sets Ravine Crossings Water Distribution System: S i ze 8 r' water ma insSize 3/4" service line F i tt ings ValvesFire hydrants Meter sets Strcct Lights Street Name Signs Monuments Seed ing Total Construction cons truc t ion : 46 each 6 each 3 each Z each 7, 500 sq "yds. (i,100 3,890 7 ,250 7 ,250 160 3,660 9 2,190 1,650 8 46 2 1,700 1,760 11 8 4 1in.ft.l-in.ft. each each each 1in.ft. 1 in. ft. each each each cu.yds. $ tons sq"yds. sq.yds" 1in.ft" 1in.ft. each 5.00/yd. $ 10.00/t 3 .80 / yd. 0 . 5 S/yd. lump sum 8 .00/ ft. lump sum 50,500. 38 r 900. 27 ,550. 3,999. 7 ,700. 29 ,280. 5,190. 20,165. 5r857. 5,320. 2,990. 6,000. 13r345. 5,896. 1r875.3,I70. 3r940. 9,4 30. 9,000. 600. 600. 6 000. $ zsl ,296. 11,965. 9.25/ft. 3"55/ft. 665.00 ea 65 .00 ea. lump sum 7 .85/ f t. 3.35 / f t. lump sum lump sum 985.00 ea. 205.00 ea. 1500.00 200.00 300.00 0.80/ €3. 9O. €3" d. Estimated Cost of Construction: staking and supervision of TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUpERVISION $ z+9,161. Note: See attached sheet for break down on cost of improvements I'he above improvements shall be constructed in accordance with allCounty requirements, specifications, and final plans as submitted;and conformance with this provision sha11 be deternined sole1y bythe below named county or its duly authorized representative. Tl," lmprovements shal1 be constructed within one calendar year fromthe date of acceptance shown below, provided further that irntil suchimprovements shall be conpleted and accepted the County shall not issuean occupancy permit for any single family resident placed or constructedon any 1ot within the Subdivision. Dawn M. Holmes Da ted:Robert I). Coloroso P:rge Two resolution of the Board of County Commissioners for unty, Colorado at the Meeting of L98Z as Ilesolution Nurnber o o GRESUBDIVISION IMPROVEMENTS A EMENT In re: C0LOROSO SUBDIVISION, Garfield County, Colorado ACCEPTANCE: ApprovedGarfield by Co , Chairman of the Board o o COLOROSO SUBDIVISIONGarfield County, ColoradoJuly 2, 1982 ESTIMATED COST OF IMPROVEMENTS BASED ON FINAL PLANS AND CI]RRENT PRICES OF MATERIALS" Item Description of Improvement No" Unit Prices Mateiial Installation Total Cost Estimated Quanti ty Sanitary Sewer Collection Systen 1. Size 8r' SDR35 PVC Pipe 2. Size 4" PVC Pipe 3. Manholes, 9 r -6rr depth 4. Extra depth 5. Service Sets 6. Ravine Crossings Water Distribution System 1. Size 8rr PVC C1-160 Pipe 2. 3/4" Copper tubing 3. Fittings 8x8x8 Tees 8x6x8 Tees 6x6x6 Tees 8x6 reducer 6t'sleeves8" end cap 4. Valves Size 8'lSize 6" 5. Fire Hydrants 6. Meters and service sets 2,180 1r650 8 4 46 3,000 L. F. L.FU ea. ft. ea. yds. $ 2.60 0.55 s25.00 30.00 45.00 $ 6 " 6s 3.00 125.00 $20,165.00 5,857" 5,200,, L20. 2 ,990. 6,000. 20"00 2.00 TOTAL ESTIMATED CONSTRUCTION COST OF SANITARY SEWERS: 1,700 L.F. L,760 L"F" 2 ea.6 ea" 4 ea. 46 czr. $ 3.3s $ o.8s $40,332. 4.50 $13,345. 2"50 5,896. 1 4 ? Z z I 180 L70 110 65 80 35 ea. e3. eao ea. ea" ea. .00 .00 .00 .00 .00 .00 44s.00 300.00 860.00 165.00 60.00 60.00 125.00 40.00 1,010. 2,160 " 3,940. I ,430. 50.00 50.00 50.00 0.00 60.00 230. 880. 320. 130. 280. 35. TOTAL Street l" 2. 5" 4. 5. 6o 7. g. 9o 10. $ 2.oo 3.00 3.00 $37,656. $tz,zoo. 18,300" 38,900. 27 ,550. 3rggg. 29,290 . 4 ,200 . 990. 3,200 " 4,500" ESTIMATED CONSTRUCTION COST OF WATER SYSTEM: Improvements Excavation to Subgrade 6,100 yds. Compaction into fill 6,100 yds. Base Course Material 3,890 tons $ 7.00 2't Bit" Mat 7,250 Sq.yd. 3.80 Tack coat 7 1250 Sq.yd. 0.55 Curb I sidewalks, 6 r -5r' 3 1660 L" F" 8.00 Curb returns 6 each 700.00 Pans 3 each 330.00 Z4't CMP Pipe 160 L.F. 14.00 Catch Basins 5 each. 6.00 TOTAL ESTIMATED CONSTRUCTION COST OF STREET IMP}TOVI]MENTS: $ I4 3, IO8 . oo DECLARATION OF COLOROSO SUBDIVISION HOMEOWNERS ASSOCIATION TIIIS DECLARATION, madeof record, hereinafter WITNESSETH: WHEREAS, Declarant are County, Colorado, more Lot A,Block One NOW, THEREFOR, Declarant hereby declares that a1I of the reuI propcrty described above shal1 be conveyed to the County of Garfield for thepurpose of establishing a Public Park" ARTICLE I DEFINITIONS Section 1. 'Association" sha1l mean and refer to the Coloroso Subdivision Homeowners Association, a Colorado Non-Profit Uni.ncorporated Association, and its successors and assigns. rrBoard of Directors" or 'Boardil shall mean and refer to the duly elected and qualified members of the board'of directors of the Associ:rtiorr, acting in rrn official capacity" Section 2.rrOwnerrr sha1l mean and refer to the record title holder, whethcr one or more persons or entities, of a fee simple interest in any Lot which is a part of Coloroso Subdivision; provided, however, that upon entering into a purchasc contract or option, such purchaseer and not the record title holder shall bc deemed to bc the "Ourner" for all purposes herein. The term rrOwnert' shall also include the Declarant and its successors and assigns with respect to all Lots held in the name of the Declarant and which Declaran has not agreed to sel I under contract or option. Section 5. "Public Park" shall mean and refer to Lot A as indicated on the recorded Plat of the Coloroso Subdivision, Garfield Cou-rty, Colorado, togcthcr with any personal property hereafter owned or controlled by the Association for tlre cormon use and benefit of the Oruners and the conrnunity, together with al I furproverents thereon , if any" Every Ourner, and the successors and assigns thereof, sha1l be deened to have consented to the use and control of the Public Park by the Association for the benefit and enjoynent of all Owners in accord:rncc with the provisions of this Declaration and the Bylaws and rules and regulations of the Association. Section 4. ttTottr sha11 mean and refer to each numberecl lot of the Coloroso Suh- division, as shovrn on the recorded Plat as Docunent No.in the Office of the Clerk and Recorder of Garfield County, Colorado, excepting Lot A and Lot B. Section 5. ttMembertt shall mean and refer to any person or enity who i.s a member in the Association. ARTICLE II PROPERTY RIG{TS Section 1.'rohmerrs Rights". Every Owner sha11 have a right to use and to benefit from the Public Park intended for the use and enjoyment of all the members of the Association" Such right sha1l be appurtenant zo and shal1 pass with the titte to every lot, subject to the following provisions: ao the right of the Association to charge reasonable fees and irssessment-s to each Oumer for the use and enjoyment of the Public Park facilities, for the acquisition, maintenance, repair, replacement, upkeep, opcration, :rnd on date hereinafter set forth the Owners ref erred to as ttDecaranttt. now the owners of certain lands in Garfieldparticularly described as follows: (1) of the Coloroso Subdivision. l}**o Pagc 'l\vo COLOROSO SIIBDIVISION ASSOCIATION inprovement thereof and to establish reasonable reserves for depreciation and contingencies; b. the right of the Association to adopt rules and regulations gover- ning such use and enjoynent, md to suspend the voting rights and right to use and benefit from the Park facilities by an oltrner for any period during which any assesssnrcnt against his Lot remains tmpaid, and for a period of time as determined by the Association for any infraction of its published rules and regulations; c. the right of the Association to barrow money for the purpose of ruproving the Park and to take such steps as may be reasonably necessary to protect such inp::ovenents; d. the right of the Association to close or l imit the use of the Park while maintaining or makiag replacenrents thereon or thereto; and e. every Or,rner of a lot shal1 have the right to use and enjoy the Park subject to the right of the Association to charge reasonable fees and ass- essnents to each Owner for the acquisition, maintenance, repair, replacement, upkeep, operation and inprovement thereof and to establish reason rble reser- ves for depreciation and contingencies. Section 2.DELEGATION OF USE. Any Owner may delegate hi"s right of use and benefit from the Park to the members of his farnily, his zenants or guest who occupy his Lot. Section 3. PERSO{AL PROPERTY. The Association nny acquire and hold for the use and benefit of all nrembers of the Association tangible and intangible personal prop- erty and may dispose of the same by sale or otherwise; and the beneficial interest thereia shall not be transferable except that the transfer of a lot shall transfer to the transferee all of the transferorrs beneficial interest in such personal prop- erty wittrout any referance thereto or execution of a bill of szrle. Ijach Owner may use such personal property in accordance with the purpose for which it is intended, without hindering or encroaching upon the lawful rights of the other Owners, subject to the provisions hereof and the By-laws, rule and regulations of the Association. Sale of a lot under foreclosure or execution sha1l entitle the purchaser thereof to the beneficial interest in the personal property associated with the Lot and to rembership in the Association. ARTICLE III MEI\AERSHIP AI{D VOTING RIC+{TS Section 1, Every Owner shall be a member of the Assoclation. Membership shall be appurtenant to and may not be seperated from ownership of the Lot, l,rlhen more than one person holds a beneficial interest in any lot as joint tenant, tenant in common, partner, shareholder or otherwise, all such persons shall be members, but the vote or votes attributable to such Lot sha11 be cast as such persons :mong them- selves determine and no division of the vote or votes attributable to such Lot shail be permitted. A11 matters shall be decided by majority vote, except as otherwise ex- pressly provided herein or in the By-1aws of the Association, The By*laws of the Association sha1l be adopted by the Association and shall govern procedures and requirements for notice of meetings, quorums, voting and other mtters ol- interrurl regulation. The Association shall adopt rules and regulations in tlre manner rrnd to the extent authorized by its By-laws. The business of the Association shall be conducted by a Board of Managers of three Ovuners amd as set forth herein and in the By-laws. The lloard shal I be clcctcd an- rura11y. COLOROSO STIBDIVISIO{iu"u**t A^SSOCIATION Page Thrce ARTICLE IV CCI/E},IANTS FOR ASSEMENTS Section 1. CREATIOII OF Tlm LIEN ANID PERSONAL OBLIGATION FOR ASSESSMENTS" Ttre Decclarant, for each Lot within the Coloroso Subdivision, all of which are owned by the Declarant on the date of r:ecording of this Declaration, hereby covenants, and each subsequent Orvner by acceptance of a contract or deed thereof, whether or not is so expressed in such a contract or deed, shalI be deenrecl to covenant, that each oF said Lots shall be and hereby is made subject to the assessnents as provided herein for the use and benefit fo the Association and its nrembers; and the Declarant and each subsequent O$mer do hereby covenAnt and agree, subject to the terms and conditions of this Declaration, to pay to the Association (1) annual assessments; (Z) special assessrlents for capital inprovements. Such assessments shal1 become and constitute a lien on such lot as of January 1, following the date of such assessments are established, as to annual assessrents; or as of the first date of the first month following the date such assessnent is established as to special assessments. A11 assessllrcnts sha1l also be the personal obligation of each On*ner of a Lot at the time the assessm-'nt becalre a lien. The personal obligation for deliquent assessments shall not.,pass to an Ownerts successors in title rmless expressly assurpd by them. Section 2. PIRPO.SE OF ASSESSvIENTS. The assessnents levied by the Association shall be used for the purposes setforth in the preamble, including the improvement and maintenance of the Park, utility charges and insurance premiuns applicable to the Park as the Board of I'vtranagers of the Association shall decide from tinre to time. Section 3.AIINLIAL ASSE$SIIENTS" tlntil December 31, 198 , the annual assessnrent for all nembers and their respective Lots shall be established by the Board at the initi.at meeting thereof . (a) On and after Jantrary 1, 198 , the annual assessrnents may be increasedor decreased each year by said Board, but shall not be increased by nnre than 15% of the previous yearrs assessrrrcnt except upon approval of such action by a majority vote of the votirrg rembership of the Association with a condition that tr.rc-thirds of the voting membership must vote to be a duly constituted vote. (b) If the Board sha1l fail to establish an armual assessilrent for emy year conrnenciag on or after January 1, 198 , the annual assessment for such yearshall remain the same as for the year-inrnediately preceding; except that, ypon approval of majority vote of the entire membership, such assessrrrcnt may be increased or decreased as of the first day of any mrnth" Section 4,SPECIAL .A,ssESsvlENTS" A special assessment for the repair, reconstruc- tion or replacerent of capital improvements sha11 be made only upon resolution of t}re Board, followed by a majority approval of not less than two-thirds of the entire membership voting" Owners shall be assessed for capital expenditures upon resolution of the Board followed by'a majority approval of two-thirds of the membership voting. Section 5. PAYIvIENT" The annual assessnents shall be due at the beginning of each lZ-upnth period, cormeniag January 1, 198_. Special assessments shall be due on the date they becorre a lien and shall be paid and collected in such installrnents with such dates of delinquency as may be provided in the resolution establishing sElIIE. Ttre arrnual assessments against each Lot shall be made by resolution of the Board at least thirty (30) days in advance of January l; provided, however, such assessllrcnts for the Association"s first fiscal year, ending December 31, 198 , sha1l o o COL0ROSO SUBDIVISION H0vIEOIIJNERS ASSOCIATION Page Four be made on ttre date of the initial meeting of the Board thereof. Writtcn notice of all assessilEnts shal1 be frrurished to every G^rner. The Association shall, upon dernnd, furnish a certificate signed by an officer of the Association setting forth rdrether the assessnents on a specified lot have been paid, and such certificate shall be binding upon the Association with respect to any purchaser or encurnbrancer relying ttrereon" Section 6. EFFECT OF NOI{PAYI\,IENT OF .&SSESSNIENTS" Any assessment of monthly installnent tJrereof not paid on or before thirty (30) days from the date due shall be delinquent ard the Association rny bring €In action to collect all delinquent assessnents against the Owner personally obligated to pay the same, or foreclose the assessment lien against such Omerts Lot. No Or,.rner may waive or otherwise escape liability for the assessnents provided for herein by non-use of the Park or abandonnent of his Lot" Sectioq-Z. SUBORDII{ATIG{ OF THE LIEN T0 I\'ORTGAGES" The lien of the assesslTlents provided for herein sha11 be subordiante to the lien of any first purchase money rlDrtgage. Sale or transfer of any Lot shall not release any such assessment lien. As used hereia, the term rtnortgagerf shal1 mean and include only a bona fide purchase fipney mortgage, purchase noney deed of trust or a contract for deed and the vendorrs lien thereunder; but shall not include non-purchase money mortgages or deeds of trust or involuttary liens, such as mechanicrs liens and judgment liens. ARTICLE V INSIJRAI{CE AND INDEI\T.IIFICATION Section 1" INSLJRAI\ICE" The Association sha1l maintain at all times insurance policies for casualty, liability and other coverages in such anounts as the Board deems necessary. Section 2. IMETIIFICATION. Each officer and director of the Association shall be indemtified by the Association against all expenses and liabilities, including attorneyrs fees, reasonably iacurred by or imposed upon him in any proceeding to utrich he may be a party, or in which he may become involved by reason of his being or having been an officer or director of the Associtation, or any settlement thereof, whether or not he is an officer or director of the Association at the time such expenses are iacurred, except in such cases whereil the officer or director is adjud- ged guilty of gross negligence or willful misconduct in the performance of his duties. ARTICLE VI GNERAL PRO\ISIONS Section 1. ENFORCEMENT " The Association, or any Owner, sha11 have the right to enforce by any proceeding at law or in equity, all conditions, covenants, liens or charges now or hereafter imposed by the provisions of this Declaration, Failure by the Association or by an Oramer to enforce any provision herein contained shall in no event be deemed a uraiver of the right to do so thereafter. Section 2.SEVERABILITY. Invalidation of any one or nore of the conditions of this Declaration by judgerent or court order shall in no way affect any other provisions wtrich sha1l remaia in full force and effect. Section 3. REGISIRATION BY OhINER OF MAILING ADDRESS" Each Owner shal1 register o COLORmO SI.IBDIVISICI{t*r**,ASSOCIATION o Page Five his mailing address with the Association, and all notices, staterents or denands intended to be senred upon an Owner shall be deemed delivered when deposited in the Lhited States Postal Seryice mai1, postage prepaid, addressed in the name of the Ovnerrto such registered mailing address. The above same proccedure sha1l serve for the Oruner to register his mailing address" Dated and signed this day of 198 . By Dawn M. Holmes Robert D. Coloroso STATE OF @I,ORAM COI'NTY OF GARFIELD SS. The above and foregoing was subscribed and sworn to before me this day of , 198-, bY Dawn M. Holmes and Robert D. Coloroso. My Commission expires: WITNESS my hand and official seal. Notary Publ ic ) ) ) Recorded at Lro.r.Q"u.M.Page Reception No.By DECLARATION OF PI."AN ANID RESTRICIIVE COVENANTS FOR coLoROSO SUBDIVISION, C,ARFIELD COUNTY, COIORADO KN0[1] Att MEN BY THESE PRESENTS, that Dawn M. Holmes and Robert D. Coloroso, the Or,wters of the following described real property, being desirous of subdividing said property into lots to be used exclusively for residential purposes and to protect the purchasers of said lots by appropriate restrictive covenants, do hereby adopt this plan for the development thereof, to wit: A TRACT OF LAI{D situated in the Northeast One-quarter of the Northwest One-quarter (NE1/4 NW1/4) of Section 20, Township 6 South (T.65.), Range 93 West (R. 93 W.) of the Sixth Principal lvleridian (6th P.M.) being loc- cated within the Boundary Lines of the Rifle Village South Subdivision, First Filing, as filed in the Office of the Clerk and Recorder of Garfield Cotrnty, Colorado, as reception ntunber 227220, described as follows: Begiuring at the Southwest Corner of said NE1/4 Nt{I/4, being an iron pipe with Brass Cap, properly marked and in place; thence S. 30o 50t 50" W, 2.40 feet to the northeasterly line of a 60 foot street; thence along the arc of a curye to the left 166.46 feet having a radius af 2L2.11 feet, the chord of utrich bears N. 670 59r 36" W. L62,24 feet; thence S" 89o 31t 19" W. 413.91 feet along the northerly line of said 60 foot street; thence N. 00" szt Z\tt W. 650.00 feet to the Southerly Line of Lot 21, Block 8 of said Subdivision; thence N. 89o 31t 19" E. 565"00 feet along the Southerly Line of Iots 21 thru 31, inclusive, of said Block B to a point on the Easterly Line of said Subdivision; thence S" 00" 32t 20" E. 710.00 feet along the Easterly Line of said Subdivision to the Point of Beginning. Also lots 22 thru 31, inclusive, in Block 8 of the Rifle Village South Subdivision, First Filing, and all containing 10.10 acres, more or less" AREA OF APPLICATION 1. FULLY PROTECTED RESIDENTIAL AREA. The residentialarea covenants, hereinafter set forth in their entiretyshall apply to all of the lots in the Coloroso Subdivision,as more particularLy hereinabove described. RESIDENTIAL AREA COVENANTS 1" LAND USE AND BUILDING TYPE . No lot shall be usedexcept for residential purposes, except ing Lot A and LotB. No building shall be erected, altered, placed or bepermitted to remain on any residential lot other than one detaached single family dwelling structure, not to exceed 25 feet in height and any private garage limited to not more than tlro passenger type vehicles" Z. DWELLING SIZE. Th e ground floor area of l ivin g structure of an y dwelling open porches and garages, shal1 , b square feet for a one-story dwelling; and not less thlrn 700 square feet for a dwelling of more than one story. 3. RESUBDIVISION.No lot or group of lots sha1l be resub drvrded ln any manner. 4. EASEMENTS" Easements for the installation and main- tenance of util ities, drainage and drainage facilities arereserved as shown on the filed Plat. 5. TEMPORARY STRUCTURESacterore purpose o s torrecreational vehicles and apparatus will be permitted. Such structures shall not be placed so as to obstruct theview of the adjacent dwelling structures. exclusive o e not less t the main f one-story han 1 ,000 Structures of temporary char-ing landscape equipement or o I)agc 'l'wo 6. VEHICLES" A11 recreational vehicles, campers' boatsl-TEffitenance equipment, and non-Iicenced non- operating rnotor vehicles or parts thereof, shall not be parked, stored, or worked on in the front strcct or front yard of a residence, nor in the side yard area where it projects into the the front yard arell of an adjacent residence. 7" REFUSE. No refuse of any nature, or tacles-l5ETontainers for storing refuse, or be allowed to accumulate in the front ences, except during the times of refuse per iods . 8. FENCES" The rear of any lot up to the front line of anfTEffilence may be partially or comptetely fenced. No fence sha1l extend beyond the front line of an existing residence. A11 fences, including any foundations, retain- ing walls or other structure upon which a fence might be-placed, shal1 not exceed a combined height of six (6) feet. Fences placed acrosS easementS may be requested to be temporarily removed by the owner for the mainten- ance of utillities or drainage structures. 9. LANDSCAPING. Within one year from the date of occup- o the reccp- shal1 be stored area of rcsid- col -I ec t ion ancyr-fiont area sha11 be landscapasthetic purposes yards and areas of potential erosion ed and therearf ter ma i nta incd f or bo tlt and to prevent and control erosion. ARCHITECTURAL CONTROL COMMITTEE 1. MEMBERSHIP. The architectural control cotrmittec I s composed lnltlal Ly of the following two members: l)ltwn M., Holmes and Robert D. Coloroso.Upon the sale of the first three (3) lots in the Coloroso Subdivision, a third nem- ber sha1l be appointed from the Owner or Owners of sa id lots. Upon the sale of twenty-four (24) of the lots in the Coloroso Subdivision, the initial two members of the committee sha1l be succeeded by two homeowners in the sub- division as shall be appointed by the initial two menbers. Thereafter, a majority of the commiztee shall hzrve auth- ority to designate successors to the committee from home- owners in the Coloroso Subdivision. No compensation sha11 be paid to members of the committee. Provided no group of three homeowners are willing to serve, then any orlc homeowner may assume the responsibility of the Committeet until such time as three homeowners are interested irt assuming the Committee rs responsibifites. 2. RESPONSIBILTY AND AUTFIORITY. The Architecuai Control Commi ibility fro enforcing the covenants of the Subdivision. Prior to the constluction of any structure or fence in the Subdivision, the Owner shal1 obtain the written approval of the committce that such construction is in compliance with the restrictiotts contained in these covenants. 3. PROCEDURES. Upon receiving a request for approval from f-Eomeoilner, the committee sha11, within thirty (30) days, in writing, indicate approval or disapproval oF the proposed action. Specific reasons for disapproval shall be given and failure to act within the thi.rty days by the Committee shall be deerned an approval by the Committce. Provided further, a failure of a n:rjority of the Comtnittee to disaprove a request sha11 also be deemed and approval. The covenants contained herein shall be the sole stanclard in approving or denying an requcst. o o Pa ge 'l'hrcc ENFORCEABILITY 1. TERMS. These covenants are to run with the land and sEalITTe binding on all parties, including lot owners, developers and builders, and all persons claiming under thern fbr a period of twenty-five (25) years from the date these covenants are properly recorded in the Officc of the Clerk and Recorder fbr Garfield County, Colorado, after which time, said covenants shal1 continue to run unless an instrument signed by a majority of the lot ownership, where the owner of each lot is counted as one ownership, Slthough one or more persons may ho1d. ownership- to more than oie lot, has been recorded agreeing to a change in said covenants, and where such change and/or changes shal1 effect the whole or any part thereof, Z. ENFORCEMENT. Enforcement sha11 be by proceedings at r 1n equ].yag ainst any person or persons violating tempting to vI olate any covenant.Enforcement may restrain violation or to recover damages, or both; and may be brought by the homeowner of the Subdivision or the Architectural Control Committee. 1aw oor at be to day of Coloroso. My commission expires: on of these coven- in no wise affcct remain in ful t thcir day ofhereto h:tve aff ixed instrumelrt thi s Dawn M. Holmes Robert D. Coloroso duly acknowledged before me 1982, by Dawn M" Ilo I utcs and Notary Publ ic 3. SEVERABILITY. Invalidation of any ants 6-f-Judgrnent or court orders shal1 any of the other provisions which shall force and effect. IN WITNESS WHEREOF, the Partiesrespective signatures to the foregoi-ng ,1982. STATE OF COLoRADO )) ss " COUNTY OF GARIELD ) The foregoing instrument was this Itobcrt I). QuorrrrsroN rMpRovEMENrs oturu^, ,:rge 'l'wcr In re: COLOROSO SUBDIVISION, Garfield County, Colorado ACCEPTANCE: Approved Garfie 1d by Co resolution of the Bonrd of County Commi ss ioners for unty, Colorado at the Meeting of L98Z as Resolution Number, Chairman of the Board