HomeMy WebLinkAbout1.0 Application MaterialsGOLUBA & GOLUBA P.C.
ATTORNEYS AT LAW
US BANK BUILDING
802 GRAND AVENUE, SUITE 301
P.O. BoX 931
GLENWOOD SPRINGS, CO 81602
(970) 94s-914r
Fax (970) 945-9143
NICHOLAS W, GOLUBA
Fred Jarman
Garfi eld County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Fred:
following:
RECEIVED
APR 2 0 2004
GARF tEr-D COUf!$ti1 1 6, 2OO4
BUILDING & PLANNIT'{\,
NEILW. GOLUBA
Re: Amended Final Plat of Antlers Orchard Tracts
Pursuant to your request, enclosed for the County's review, in duplicate, please find the
1. Amended Final Plat of Antlers Orchard Tracts 7 , 8, 9 and 10;
2. Copy of the Quitclaim Deed that was recorded as Reception No' 649304'
conveying pur"Jl, 1,2 and3 of the Pollard Exemption Plat, thereby creating Parcel
4 so that the necessary boundary adjustment may be accomplished;
3. Proposed form of Affidavit (Re: Boundary Line Adjustment);
4. Copies of the Driveway Permits obtained from the Road and Bridge Dept.;
5 . Copy of Well permit No. 60666-F for the historical water rights associated with the
McPherson Well;
6. Copy of Well permit No. 60667-F for water rights in the McPherson Well
associated with the West Divide Water Conservancy District Contact serving the
Antlers Orchard Tracts;
7. Proposed form of well Agreement for the McPherson well;
C:\Documents and settings\Front Desk\Desktop\CLIENnGaui\Letterv-16-04 Jarman Ltr'wpd
Fred Jarman
Garfi eld County Planning Department
April 16,2004
Page2
8. Proposed form of Declaration of Covenants, Conditions and Restrictions (Antlers
Orchard Tracts 7,8,9 and 10);
g. Certificate of Good Standing for Lone Pinon Owners Association; and
10. A copy of the Bylaws for Lone Pinon Owners Association.
Please let me know once the County Attorney and Surveyor have completed their review
of the enclosed materials so that we may discuss any requested changes and submit a mylar of the
Plat for execution and recording.
Very truly yours,
GOL
NWG/srb
Enc.
C:\Documents and Settings\Front Desk\.Desktop\CltENncaui\Letter\4-16-04 Jar@n Ltr.wpd
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6493@4 03131/2004 @4:43P 81573 P344 tt RLSDORFI of 2 R 11.@O D O.00 GRRFIELD COUNTY CO
QUITCLAIM DEED
VICTOR F. GANZI, 106 Central Park South, Apt. 28 E, New York, New York 10019
("Grantor"), for Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, does
hereby sell and convey to WAYNE H. POLLARD ,6448 County Road 2333, Silt, Colorado 81652
("Grantee"), the following described real property situate in the County of Garfield, State of
Colorado, to-wit:
PARCEL 1, ACCORDING TO THE POLLARD EXEMPTION PLAT
also described as follows:
A parcel of land situate in the SW%NW% of Section 4, Township 6 South, Range 92 West of the
Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel of land being more
particularly described as follows:
Commencing at the west Yq comer of said Section 4, a brass cap LS No. 14060
found in place; thence N00"47'31"W 657.42 feet to a rebar and cap LS No. 13501
in place, the true point of beginning; thence N89'18'32"W 661.62 feet to a rebar
and cap LS No. 36572 set in place; thence S00'45'22"E 210.80 feet to a rebar and
cap LS No. 36572 set in place; thence S89" 18'32"W 661.49 feet to a rebar and cap
LS No. 36572 set in place; thence N00'47'31"W 210.80 feet to the true point of
beginning, said parcel of land containing 3.201 acres, more or less.
*****:t
PARCEL 2, ACCORDING TO TFIE POLLARD EXEMPTION PLAT
also described as:
A parcel of land situate in the SW%NW% of Section 4, Township 6 South, Range 92 West of the
Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel of land being more
particularly described as follows:
Commencing at the west '/q comq of said Section 4, a brass cap LS No. 14060
found in place; thence N00'47'31 "W 446.62 feet to the northwest comer of Parcel
Z,the true point of beginning; thence N89"18'32"8 661.49 feet to a rebar and cap
LS No. 36572 set in place; thence S00'45'22"E 210.80 feet to a rebar and cap LS
No. 36572 set in place; thence S89"18'32"W 661.36 feet; thence N00'47'31"W
210.80 feet to the true point of beginning, said parcel of land containing 3.201
acres, more or less.
AFTER RECORDING. RETURN TO:
Goluba & Goluba P.C.
P.O. Box 931
Glenwood Springs, CO 81602
rLil[]il llllll llllll lll llill lllll lll llll lll llll
649304 O3/31/2OO4 @4:43P 81573 P345 I'l RLSDORF
2 ol 2 R 11.@O D O.OO GARFIELD C0UNTY C0
BONNIE V. LEWIS
Notarv Public, State Of New York'No. 01LE6070036
Qualified ln New York CountY nL
Commission Expires February 19' 20 g
,t*rk:krrrt
PARCEL 3, ACCORDING TO THE POLLARD EXEMPTION PLAT
also described as:
A parcel of land situate in the SWy4NW% of Section 4, Township 6 South, Range 92 West of the
Sixth principal Meridian, County of Garfield, State of Colorado, said parcel of land being more
particularly described as follows:
Beginning at the west Y+ corner of said Section 4, a brass cap LS No. 14060 found
in place, the true point of beginning; thence N00"47'3l"W 235.82 feet to a rebar
urrd
"up
LS No. ZASIZ set in place; thence N89'18'32"E 661.36 feet to a rebar and
cap LS No. 36572 set in place; thence S00"45'22"E 236.99 feet (Whence a rebar
*d
"up
LS No. 36572witness corner set in place bears N00'45'22"W 25.00 feet);
thence Sgg'2437"W 66l.22feet to the true point of beginning, said parcel of land
containing 3.589 acres, more or less.
TO HAVE AND TO HOLD the same, together with all appurtenances and privileges thereto
belonging or in anywise thereto appertaining.
Dated this 26'r'day of March, 2004.
Victor F. Ganzi
STATE OF NEW YORK
COUNTY OF NEW YORK
The foregoing instrument was acknorvledged before me this -*^rofMarch, 20o4,bY
Victor F. Ganzi.
Witness my hand and official seal.
My commission expires
SS.
)
)
)
t/d
Notary Public
AFTER RECORDTNG, RETURN TO:
Goluba & Goluba P.C.
P.O. Box 931
Glenwood Springs, CO 81602
C:\Dmunrmb and Scnisgs\Front D6k\Dsltop\CLIENT\Ganzi\Dm\3-10'04 Quitclaim Dui \t?d 2
t
AFF'IDAVIT
(Re: Boundary Line Adjustment)
THE UNDERSIGNED Affiants being first duly swom upon their oath, depose and
state as follows:
1. We are the owners, in tenancy in common, of Parcel 4 according to the Pollard
Exemption Plat recorded March 11,2004, as Reception No 648136 in the Girfield County,
Colorado records.
2. We are also the owners, in tenancy in common, of Tracts 7,8, g and 10 as
shown on the Antlers Orchard Development Company Plat No. 1, recorded in the Garfield
County, Colorado records.
3. Said Parcel 4 is adjacent to and abuts said Antlers Orchard Tracts.
4. We are desirous of adjusting the boundary lines among the respective parcels so
that the property described in Exhibit A attached hereto is incorporaGd and merged into parcel
4 and sign this Affidavit in accordance with the Garfield County Subdivision Regulations of
1984.
5. We represent that no new lots will be created and therefore, Garfield Countywill not be required to issue any building permits other than what it would be required to issul
for the already existing parcels.
6. We hereby represent that Parcel 4 is not part of a previously platted subdivision
ofrecord.
7. We hereby represent that Tracts 7, 8, g and 10, Antlers Orchard Development,are part of a previously platted subdivision of record and that an Amended plat showing theadjusted boundaries of Tracts 7 , 8, 9 and l0 shall be recorded contemporaneously herewithl
8. Subsequent to the boundary adjustment, Parcel 4 will be described as follows:
See Exhibit ((B',, a copy of which is attached
hereto and incorporated herein by this reference.
9' We hereby represent that the boundary line adjustment made reference to hereinwill not cause the loss of access by road or to utiliti., to uny parcel of property involved.
l0' We hereby represent that the boundary line adjustment being made will notresult in any of the lots involved being less than the minimum lot size allowed as a result of theboundary line adjustment or create ary nor-conforming setbacks for any existing structures.
11' we hereby represent that a copy of this Affrdavit will be recorded with theGarfield County Clerk and Recorder.
FURTHER AFFIANTS SAYETH NOT
Done this _ day of 2004
OWNERS:
Wayne H. Pollard
Victor F. Ganzi
STATE OF COLORADO )
)
)
ss.
COUNTY OF GARFIELD
The foregoing instrument was subscribed and sworn to before me in the County of
Garfield, State of Colorado, this day of 2004, by Wayne
H. Pollard.
Witness my hand and official seal.
My commission expires:_
Notary Public
STATE OF NEW YORK )
)
)
ss
COTINTY OF NEW YORK
The foregoing instrument was subscribed and sworn to before me in the County of New
York, state of New York, this _ day of _,2oo4by victor F. Ganzi.
Witness my hand and official seal.
My commission expires:_
Notary Public
EXHIBIT A
SURVEY SERVICES, INC.
MORE OR LESS.
SAID PARCEL IS TO BE MERGED WITH PARCEL 4 OF THE POLLARD EXEMPTION
PLAT RECORDED AS RECEPTION NO. 648136 IN THE RECORDS OF THE GARFIELD
COT]NTY CLERK AND RECORDER.
136 E. TIIIRD STREET
RTFLE, CO 81650
PIIONE: (970) 625-830
E'AX: (97O) 625-T173
A PARCEL OF LANTD SITUATE IN GOVERNMENT LOT4, SECTION 4 TOWNSHIP6
SOUTT{, RANGE 92 WEST OF THE SD(TH PRINCIPAL MERIDIAN' COUNTY OF
GARFIELD, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER FOR SECTION 4'THENCE 1939"39'02'E
ALONG THE NORTHERLY LINE OF SAID SECTION 4, A DISTANCE OF 666'99 FETT TO
TTIE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTIIERLY LINE
s20o07'37 -E gz.62FEET; THENCE N54o57'21 -E G7 -lzFEET; TITENCE s23"01'01"E 398j7
FEET; TIIENCE 533"44'iZ-W uY.iIFEET; THENCE 564"47'37-W 356'69 FEET; THENCE
S64"OZ'ZI,,W I I8.39 FEET; THENCE N01"i2'48-E l4g-gg FEET; THENCE S86"53'08'W
330.49 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 4; THENCE
SOO"3O'08'W ALONG SAID WESTERLY LINE IOO3.24 FEET TO THE NORTH 1/16
CORNER BETWEEN SECTIONS 4 AND 5, A BRASS CAP LS NO' 14060 FOLIND IN PLACE;
THENCE DEPARTING SAID WESTERLY LINE N89"15'21-E ALONG THE NORTHERLY
LINE OF THE ANTONELLI EXEMPTION PLAT 662.05 FEET; THENCE DEPARTING SAID
NORTHERLY LINE N89" 15'OO"E ALONG THE SOUTHERLY LINE OF SAID
GOVERNMENT LOT 4, A DISTANCE OF 670.34 FEET; THENCE DEPARTING SAID
SOUTHERLY LINE NOO'20'28'W ALONG THE EASTERLY LINE OF SAID GOVERNMENT
LOT 4, A DISTANCE OF IIIIL.2OFEET TO A POINT ON T}IE NORT}IERLY LINE OF SAID
SECTION 4; THENCE S89"39'02'w er-oNc SAID NORTHERLY LINE 639.91 FEET TO TIIE
TRUE POINT OF BEGINNfNG, SAID PARCEL OF LAND CONTAINING 38'416 ACRES'
FT^u
J.
-ia
:!r
EXHIBIT B
SURVtr SERVICES, INC.
136 E. TIIIRD STREET
RrrLE, co 816sO
PHONE: (970) 62s-1330
FAX: (970162s-2773
PARCEL 4
A PARCEL OF LAND SITUATE IN THE NWi/4 OF SECTION 4' TO'f,N{SIflF 6 SOUTIi'
RANGE 92 WEST OF THE SIXTH PRINCIPAL MEzuDIAN, COUNTY OF GARFIELD'
STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRTBED AS FOLLOWS:
COMMENCING AT THE NORTHWES T CORNER FOR SECTION 4,THENCE ,ri39"39'02"E
ALONG THE NORTHERLY LINE OF SAID SECTION 4, A DISTANCE OF 66 6.99 FEET TO
THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY LINT
s20"07' 3 7"8 92 -62 FEET;THENCE N54"57',21"8 67 -12 FEET;THENCE 523"01'OI"E 398.77
FEET; THENCE 533" 44' 52''W 2gl.2g FEET; THENCE 564"47 '37-W 356.69 FEET; THmiCE
s64"02'29"'W I I8.39 FEET;THENCE NOI O52'48"8 149.99 FEET;THENCE S86053'08"w
330.49 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 4; THENCE
SOO"3O'08"W ALONG SAID WES TERLY LINE 1003.24 FEET TO THE NORTH 1/16
CORNER BETWEEN SECTIONS 4 AND 5,A BRASS CAP LS NO 14060 FOLIND IN PLACE;
THENCE DEPARTING SAID WESTERLY LINE N89"I5'21"E ALONG THE NORTHERLY
LINE OF THE ANTONELLI EXEMPTION A DISTANCE oF 662-0s FEET; THENCE
DEPARTING SAID NORTHERLY LINE SOO'45'22"8 ALONG THE EASTERLY LINE OF
THE ANTONELLI EXEMPTION AND THE PO LLARD E)(EMPTI ON PLATS 1316.69 FEET
TO A POINT ON THE SOUTHERLY LINE OF NWl /4 SECTTON 4;THENCE DEPARTI}IG
SAID EASTERLY LINE N89"24'37"E ALONG SAID SOUTHERLY LINE 660.79 FEET TO
THEWEST CENTER 1/16 CORNER (WHEN CE A WTNESS CORNE& A REBAR AND
ALUMINUM CAP LS NO. 36572IN PLACE BEARS N00020'2 8"W 25.00 FEET;) THENCE
CONTINUING ALONG SAID SOUTHERLY LINEN8 g"24'37-E 1322.00 FEET TO THE
CENTER % CORNER OF SECTION 4, A REBAR AND ALUMINUM CAP LS NO. 27613 IN
PLACE; THENCE DEPARTING SAID SOUTHERLY LINE NOO"37'32"W ALONG NORTH
SOUTI{ CENTERLINE OF SAID SECTION 4 A DISTANCE OF 1322.23 FEET TO THE
NORTH CENTER 1/16 CORNER SECTION 4, A REBAR AND ALUMINUM CAP LS NO
36s72IN PLACE; THENCE CONTINUIN G ALONG SAID NORTH SOUTH CENTERLTNE
N0003?'32"w 1710.02 FEET TO THE N ORTH Y4 CO RNER OF SECTION 4,A SPIKE TN THE
ASPHALT FOUND IN PLACE; (WHEN CE A WTTNESS CORNER' A3 Yo- ALUMINUM CAP
LS NO. 36572IN PLACE BEARS SOO"3 't'32'830.00 FEET' THENCE DEP ARTING 56ID
NORTH SOUTH CENTERLINE 589'39 ,02"'W ALONG THE NORTH LINE OF THE NWl/4 OT
SAID SECTI ON 4 A DISTANCE OF 1306.92 FEET TO TTIE WEST 1/16 CORNER (WHENCE
A WITNESS CORNER"A REBARAND ALUMINUM CAP LS NO. 36572IN PLACE BEARS
s00"20'28"E 30.00 FEET'THENCE CONTINUING ALON G SAID NORTH LINE OF
SECTION 4 S89"39'02"w 639.91 FEET TO TI{E TRUE POINT OF BEGINNING.
PARCEL OF LAND CONTAININ G 150.130 ACRES, MORE OR LESS
R,ecrpor=o 4S lZec(Pluli Co' L)tlLl 5t)-l
a
Q,TT.LATMDEED
^a r \rar, vnrk *"*Aitt0019
vrcr oR F . GANZT, I 0 g S^:,,*ar
P ark S ogth' l'l#, :; I,.itI""jt'I"(in ilJ"t r:'*:::
(..crantor,)..'r""ffi$"'jffi ltmsinttff;n""92111':iibff::fl3f.lf 'J'
Hfi;;riilq:"lru,wing descr,o"o l#"nrlo.", situate in the countv ot
('Grantee"), th: t'
Colorado, to-wt:
PARCEL 1, ACCORDING TO THE POLLARD EXEMPTION PLAT
aho described as follows:
t*fr TH:lsl#}ililH j"I,fiy#:"il"Jll?J.1;3:ffi [:,."iJxlx.}Tf ;13ffi :"'l.x:
;ffi;;*.t, described as follows:
;"'#r,r;ff"il*":!i;.{'1i*"rorsaid-Se"*li**"TJ;x"'1ffi
li!8i
m.s***s}':iffffiftfff#p
#ru t#-TH; ttriil*ffi ,i,,i,* I'' o 1 acres' more or Ie s s'
?ta ?t( ,( *
'(
*
PARCEL 2, ACCORDING TO TT{E POLLARD EXEMPTION PLAT
also described as:
Aparcero.andsituateinteswT:TXJi:"tf 'J[:Ji;HHiXll3,,ff Xkffit-ffi H''l]:
ttffiilciP* vreriaian' Counry oI (
il;;ilit^described as follows:
2,theo""^ioi"iof beginning'
nce S00'45'"""iJ'io f;;i" a rebar and cap LS
LS No' lOilZ set in Place'; th
N. 3 6 sii ;; il ;,;'' 1"j";ib-.,;3#':T;*#:# **;;I:$'il' ii;H
itO'gO feet to the true Porn
acres, more or less'
ffi$"f,f,i*S:.REruRNro:'di"t*ooa sPti"et' CO 81602
AFFIDAVIT
(Re: Boundary Line Adjustment)
THE UNDERSIGNED Affiants being first duly sworn upon their oath, depose and
state as follows:
1. We are the owners, in tenancy in common, of Parcel 4 according to the Pollard
Exemption Plat recorded March 11,2004, as Reception No 648136 in the Garfield County,
Colorado records.
2. We are also the owners, in tenancy in common, of Tracts 7,8,9 and 10 as
shown on the Antlers Orchard Development Company Plat No. 1, recorded in the Garfield
County, Colorado records.
3. Said Parcel 4 is adjacent to and abuts said Antlers Orchard Tracts
4. We are desirous of adjusting the boundary lines among the respective parcels so
that the property described in Exhibit A attached hereto is incorporated and merged into Parcel
4 and sign this Affidavit in accordance with the Garfield County Subdivision Regulations of
t984.
5. We represent that no new lots will be created and therefore, Garfield County
will not be required to issue any building permits other than what it would be required to issue
for the already existing parcels.
6. We hereby represent that Parcel 4 is not part of a previously platted subdivision
of record.
7. We hereby represent that Tracts 7,8,9 and 10, Antlers Orchard Development,
are part of a previously platted subdivision of record and that an Amended Plat showing the
adjusted boundaries of Tracts 7 , 8,9 and 10 shall be recorded contemporaneously herewith.
8. Subsequent to the boundary adjustment, Parcel 4 will be described as follows
See Exhibit "B", a copy of which is attached
hereto and incorporated herein by this reference.
9. We hereby represent that the boundary line adjustment made reference to herein
will not cause the loss of access by road or to utilities to any parcel of property involved.
10. We hereby represent that the boundary line adjustment being made will not
result in any of the lots involved being less than the minimum lot size allowed as a result of the
boundary line adjustment or create any non-conforming setbacks for any existing structures.
I l. We hereby represent that a copy of this Affidavit will be recorded with the
Garfield County Clerk and Recorder.
FURTHER AFFIANTS SAYETH NOT
Done this _ day of 2004
OWNERS:
Wayne H. Pollard
Victor F. Ganzi
STATE OF COLORADO )
)
)
ss.
COUNTY OF GARFIELD
The foregoing instrument was subscribed and sworn to before me in the County of
Garfield,StateofColorado,this-dayof,2004,byWayne
H. Pollard.
Witness my hand and official seal.
My commission expires:_
Notary Public
STATE OFNEW YORK )
) ss.
coUNTYoFNEWYORK )
The foregoing instrument was subscribed and sworn to before me in the County of New
York, State of New York, this
-
day of
-,2004
by Victor F. Ganzi.
Witness my hand and official seal.
My commission expires
Notary Public
EXHIBIT A
SURVEY SERVICES, INC.
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a
A PARCEL OF LAND SITUATE IN GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 6
SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MEzuDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER FOR SECTION 4,THENCE N89"39'02"8
ALONG THE NORTHERLY LINE OF SAID SECTION 4, A DISTANCE OF 666.99 FEET TO
THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY LINE
52007'37"8 92.62 FEET; THENCE N54o57'21-E 67 .12 FEET; THENCE 523'01'0l"E 398'77
FEET; THENCE 533"44'52"W 291.29 FEET; THENCE 564"47'37"W 356.69 FEET; THENCE
564"02'2g"W 118.39 FEET; THENCE N01o52'48-E 149.99 FEET; THENCE 586o53'08"W
330.49 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 4; THENCE
SOOO3O'08''W ALONG SAID WESTERLY LINE IOO3.24 FEET TO THE NORTH 1/16
CORNER BETWEEN SECTIONS 4 AND 5, A BRASS CAP LS NO. 14060 FOUND IN PLACE;
THENCE DEPARTING SAID WESTERLY LINE N89"15'21''E ALONG THE NORTHERLY
LINE OF THE ANTONELLI EXEMPTION PLAT 662.05 FEET; THENCE DEPARTING SAID
NORTHERLY LINE N89"Is'OO"E ALONG THE SOUTHERLY LINE OF SAID
GOVERNMENT LOT 4, A DISTANCE OF 670.34 FEET; THENCE DEPARTING SAID
SOUTHERLY LINE NOOO2O'28"W ALONG THE EASTERLY LINE OF SAID GOVERNMENT
LOT 4, A DISTANCE OF I7I}.2O FEET TO A POINT ON THE NORTHERLY LINE OF SAID
SECTION 4; THENCE S89o39'02"W ALONG SAID NORTHERLY LINE 639.91FEET TO THE
TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 38.416 ACRES,
MORE OR LESS.
SAID PARCEL IS TO BE MERGED WITH PARCEL 4 OF
PLAT RECORDED AS RECEPTION NO. 648136 IN THE
COUNTY CLERK AND RECORDER.
136 E. THIRD STR.EET
RTFLE, CO 81650
PHONE: (970) 625-1330
FAX: (970) 62s-2773
THE POLLARD EXEMPTION
RECORDS OF THE GARFIELD
A
J
on
t il
EXHIBIT B
SURVEY SERVICES,INC.
PARCEL 4
A PARCEL OF LAND SITUATE iN THE NWi/4 OF SECTION 4, TOWNSHIP 6 SOUTH,
RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COLTNTY OF GARFIELD,
STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER FOR SECTION 4,THENCE N89O39'02''E
ALONG THE NORTHERLY LINE OF SAID SECTION 4, A DISTANCE OF 666.99 FEET TO
THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY LINE
S20o07'37"892.62 FEET; THENCE N54o57'21-867.12 FEET;THENCE 323'01'01"E 398.77
FEET; THENCE 533"44'52"W 291.29 FEET; THENCE 564"47'37"W 356.69 FEET; THENCE
564"02'29"W 118.39 FEET; THENCE N0lo52'48"8149.99 FEET; THENCE 586o53'08"W
330.49 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 4; THENCE
SOOO3O'O8"W ALONG SAID WESTERLY LINE IOO3.24 FEET TO THE NORTH 1/16
CORNER BETWEEN SECTIONS 4 AND 5, A BRASS CAP LS NO. 14060 FOUND IN PLACE;
THENCE DEPARTING SAID WESTERLY LINE N89"15'21"8 ALONG THE NORTHERLY
LINE OF THE ANTONELLI EXEMPTION A DISTANCE OF 662.05 FEET; THENCE
DEPARTING SAID NORTHERLY LINE SOO"45'22"E ALONG THE EASTERLY LINE OF
THE ANTONELLI EXEMPTION AND THE POLLARD EXEMPTION PLATS 1316.69 FEET
TO A POINT ON THE SOUTHERLY LINE OF NW1/4 SECTION 4; THENCE DEPARTING
SAID EASTERLY LINE N89"24'37"E ALONG SAID SOUTHERLY LINE 660.79 FEET TO
THE WEST CENTER 1/16 CORNER (WHENCE A WITNESS CORNER, A REBAR AND
ALUMINUM CAP LS NO. 36572IN PLACE BEARS NOO'20'28''W 25.00 FEET;) THENCE
CONTINUING ALONG SAID SOUTHERLY LINE N89O24'37"8 I322.OO FEET TO THE
CENTER % CORNER OF SECTION 4, A REBAR AND ALUMINUM CAP LS NO. 27613 IN
PLACE; THENCE DEPARTING SAID SOUTHERLY LINE N00"37'32"W ALONG NORTH
SOUTH CENTERLINE OF SAID SECTION 4 A DISTANCE OF 1322.23 FEET TO THE
NORTH CENTER 1/16 CORNER SECTION 4, A REBAR AND ALUMINUM CAP LS NO.
36572IN PLACE; THENCE CONTINUING ALONG SAID NORTH SOUTH CENTERLINE
NOOO37'32"W 1710.02 FEET TO THE NORTH % CORNER OF SECTION 4, A SPIKE IN THE
ASPHALT FOTIND TN PLACE; (WHENCE A WITNESS CORNER, A 3 Y4,, ALUMINUM CAP
LS NO. 36572IN PLACE BEARS S00o37'32"E 30.00 FEET;) THENCE DEPARTING SAID
NORTH SOUTH CENTERLINE S89'39'02''W ALONG THE NORTH LINE OF THE NWI/4 OF
SAID SECTION 4 A DISTANCE OF T306.92 FEET TO THE WEST 1/16 CORNER (WHENCE
A WITNESS CORNER, A REBAR AND ALUMINUM CAP LS NO. 36572IN PLACE BEARS
s00"20'28"E 30.00 FEET;) THENCE CONTINUING ALONG SAID NORTH LINE OF
SECTION 4 S89"39'02"W 639.9I FEET TO THE TRUE POINT OF BEGINNING. S
PARCEL OF LAND CONTAINING I5O.13O ACRES, MORE OR LESS
136 E. THIRD STREET
Rrf,'LE, CO 81650
PHONE: (970) 62s-1330
FAX: (970) 62s-2773
I F.*":3#pr, 0, 2[il3! ]:J.$n[4lEEElslair Westlrrr lear EstitetD aND BRIDGE
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ft.t fu e. pcttac Sa a$?tfiol lLft rrt rqfristed b ffi 6cs rhr. rrh FqEilt (lfft).
1l . etl dttvoup md rppmrche Ebll bc !g octrcEd tlt tbey .l+U um Harfoo cfrh fte dntngo $ffi qf 6c
trtcd a eowry md. Ib Applicrc xdlt br rlqldr.d h pttddcr G hir om cpotq aflhrgp fiu{fiiu *cfrmd ilfq Effoh wlll bsffi. ra hnfnl gat of &e l*frffm trtrfl ryrcm. ftisar.d ofCardyCwrhrlmr c ilrtk rtpnecmsv!, Flf, h-billbfion, Nrt tpFsvo tb-Odrnrtr eud Sryc. sf d eilnrgo
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.F€rnft+Jo.
GWS-25
APPLICANT
OFFICE OF THE STAT'E ENGINEERqQLOBADO DtVtStON OF WATER RESOURCES818 Centennial Bldg., 1313 Sherman St., Denver,-ColoraOo AO2OS
(303) 86C3s81
WAYNE H POLLARD
6448 COUNTY ROAD 233
stLT, co 81652-
(e70) 37e-2506
PERMIT TO USE AN
APPROVED WELL LOCATION
GARFIELD COUNTYNE 114 NW 114 Section 4
Township 6 S Range 92 W Sixth P.M
DISTANCES FROM SECTION LINES
75 Ft. from North Section Line
1685 Ft. from West Section Line
UTI\/t INATES
Northing:Easting:
WELI- PERMIT NUMBER 60666 -F
MDDIV. 5 WD 39 DES. BASIN
1)
2)
3)
4)
s)
6)
7)
8)
e)
10)
11)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPRO
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action.
Construction details for this existing well have not been provided to this office; therefore, it is not known if the construction of this well is in
compliance with the Water Well Construction Rules, 2 CCR 402-2. The issuance of this permit does not relieve the well owner of responsibility
or liability in the event contamination of the groundwater source results from the construction or use of this well, nor does the State Engineer
assume any responsibility or liability should contamination occur.
Approved pursuant to CRS 37-90-137(2) and the decree granted for the McPherson Well in case no. W-905, Division 5 Water Court. The
operation of this well is subject to the terms and conditions of said decree.
Approved for the use of an existing well constructed without a permit to a depth of 102 feet and later permitted under permit no. 140888
(canceled) and proposed replacement under permit no. 14088&4 (expired). lssuance of this permit hereby cancels permit no. 140888.
The use of ground water from this well is limited to domestic, livestock water, lawn and garden inigation. Historic use identifiect by the
applicant as indicated herein, being a well used for ordinary household purposes inside two (2) single family dwelling(s), fire protection, the
watering of domestic animals (1 ,500 head of livestock), and the irrigation of not more than one (1) acre of home gardens and lawns.
The date of first beneficial use, as claimed by the applicant, is December 31 , .1932.
The pumping rate of this well shall not exceed S0 GpM (0.11 cfs).
The average annual amount of ground water to be withdrawn was not specified in decree, case no. W-905.
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
The owner shall mark the well in a conspicuous placc with well permit number(s), name of the aquifer, and court case number(s) as
appropriate. The owner shall tiake necessary means and precautions to preserve these markings.
This well shall be located not more than 200 feet from the localion specified on this permit and not more than 200 feet from the location
decreed for the McPherson Well in case no. W-905 (decreed location is 75 feet from the North section line and 1685 feet ftom the West seclion
line).
NOTE: At the date of the entry of decree (case no. W-905) the well owner(s) were: Milton W. and Leslie D. McPherson.
NOTE: Parcel ldentification Number (PtN): 23-2179-042-00-035 g-,-). z -NOTE: Assessor Tax Schedule Number: R2OO3B4 (totaling 173.71 acres) -r' ' 4
o/// r/2ao (
/'rzfr a. nztA-fuJ
01-1 01-15-2005
By
EXPIRATION DATE
State
E ISSUED
APPROVED
DMW
Form No
GWS-25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
LONE PINON OWNERS ASSOCIATION
6448 COUNTY ROAD 233
SILT, CO 81652-
(e70) 37e-2506
N OF USE OF AN EXISTING WELL
EXST
WELL PERMTT NUMBER 60667 -l_-_
DIV. 5 WD 39 DES. BASIN MD
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 114 NW 114 Section 4
Township 6 S Range 92 W Sixth P.M
DISTANCES FROM SECTION LINES
75 Ft. from North Section Line
1685 Ft. from West Section Line
UTM COORDINATES
Northing: Easting:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action.
2) Construction details for this existing well have not been provided to this office; therefore, it is not known if the cpnstruction of this well is in
compliance with the Water Well Construction Rules, 2 CCR 402-2. The issuance of this permit does not relieve the well owner of responsibility
or liability in the event contamination of the groundwater source results from the construction or use of this well, nor does the State Engineer
assume any responsibility or liability should contamination occur.
3) Approved pursuant to CRS 37-90-137(2) for the expansion in use of an existing well, identified as the McPherson Well (also operating under
permit no. 6066GF, case no. W-905), appropriating ground water tributary to the Colorado River, as an altemate point of diversion to the
Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's
substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and
the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or undei an approved plan
for augmentation. WDWCD contract #030821 LP(a).
4) The use of ground water from this well is limited to ordinary household purposes inside four (4) single family dwellings, the inigation of not
more than 30,000 square feet (0.69 of an acre) of home gardens and lawns, and the watering of eight (8) head of livestock. All use of this well
will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as the McPherson Well.
5) The pumping rate of this well shall not exceed 50 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed 3.323 acre-feet (1,082,800 gallons).
7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as
appropriate. The owner shall lake necessary means and precautions to preserve these markings.
8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
9) This well shall be located not more than 200 feet ftom the location specified on this permit and at least 600 feet from any existing well,
completed in the same aquifer, that is not owned by the applicant.
NOTE: Canceled permit no. 140888 and expired permit no. 140888-A were previously issued for this well.
NOTE: Parcel ldentification Number(PlN): 23-2179-042-00-035
NOTE: Assessor Tax Schedule Number: R200384 (totaling 173.71 acres)
a//r/t oo(
State Engineer
01-15-200501 -1 5-2004No1725
h-,
By
EXPIRATION
AAPPROVED
DMW
WELL AGREEMENT
(McPherson Well)
THIS AGREEMENT is made and entered into by and between WAYNE H. POLLARD,
6448 County Road 233, Silt, Colorado 81652 and VICTOR F. GANZI, 106 Central Park South,
Apt. 288, New York, New York 10019 ("Grantors") and LONE PINON OWNERS
ASSOCIATION, a Colorado not-for-profit corporation ("Grantee").
RECITALS
A. Grantors are the owners of certain real property located in Garfield County,
Colorado, more particularly described in Exhibit A, a copy of which is attached hereto and
incorporated herein by this reference (the "GanzilPollard Property").
B. Grantee is the owners association for Tracts 'l ,8,9, and 10 shown on the Amended
Plat of Tract T,Tract 8, Tract 9 and Tract 10, Antlers Orchard Development Company Plat No.
1, recorded in the Garfield County Colorado Records as Reception No
"Antlers Orchard Tracts").
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C. The McPherson Well described in Case No. W-905, Water Division No. 5, Garfield
County District Court (the "Well"), is located on the Ganzi/Pollard Property. The Well is
adjudicated for .1 1 cubic feet of water per second for domestic, livestock water and lawn and
garden irrigation pu{poses, with a priority date of December 31,1932 (the "Adjudicated Water
Rights").
D. Grantee has obtained a Water Allotment Contract to serve the Antlers Orchard
Tracts from the West Divide Water Conservancy District for 1.76 acre feet of water per year for
ordinary household use in up to four (4) single family dwellings, the irrigation of not more than
Thirfy Thousand (30,000) square feet of home gardens and lawns, the non-commercial animal
watering of eight (8) animals and for fire protection (the "Allotment Contract").
E. Contemporaneously with the execution hereof, Grantors are conveying to Grantee,
an undivided twenty-five percent (25%) interest in the Well, so that the Well may serve as the
vehicle for the withdrawal of Grantee's water under the Allotment Contract.
F. The parties desire to set fonh the terms and conditions which shall govern cost-
sharing and the use of the Well.
AGREEMENT
NOW THEREFORE, for and in consideration of the promises and agreements herein
contained, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Well Sharing. Grantor shall own one hundred percent (100%) of the Adjudicated
Water Rights and a seventy-five p ercent(1 5%o) ownership interest in the casing, pump, pumphouse
GaEi\Doc/Well Agrmt - McPherson Well wpd
power source and other physical components of the Well itself (the "Well Facilities"). Grantee
shall be the owner of an undivided twenty-five percent(25%) interest in the Well Facilities and
shall own one hundred percent (100%) of the water entitlements provided under the Allotment
Contract.
2. Use of the Well. Grantor's withdrawals of water from the Well shall be limited to
the uses and amounts permitted under the Adjudicated Water Rights, which shall, in no event,
exceed seventy-five percent (75%) of the water physically available from the Well. Grantee's
withdrawals of water from the Well shall be limited to the uses and amounts permiued under the
Allotment Contract, which shall, in no event, exceed twenty-five percent (25%) of the water
physically available from the Well.
3. Return Flow. Return flow from household uses of water from the Well shall be
through individual waste water disposal systems of the non-evaporative type, where the water is
returned to the same stream system in which the Well is located.
4. Sharing of Maintenance and Renair Costs. The costs of repair, maintenance and
capital improvements in respect to the Well attributable to periods from and after the date hereof,
shall be shared as follows:
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(a) All costs to improve, repair, maintain, or replace the Well, pump, pump
house, power source for the Well, and any other equipment or facilities necessary
for the common use of the Well shall be shared in proportion to the parties'
respective ownership interests in the Well Facilities.
(b) All costs to install, extend, repair, maintain or replace any equipment,
facilities, pipeline or portions thereof which serve only the GanzilPollard Property
shall be the exclusive obligation of the owner of the Adjudicated Water Rights.
(c) All costs to install, extend, repair, maintain or replace any equipment,
facilities, pipeline or portions thereof which serve only the Antlers Orchard Tracts,
together with all costs, charges and fees associated with the Allotment Contract
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q shall be the exclusive obligation of Grantee.
5. Equipment. Meters and Operating Expenses. The Well shall be equipped with
a pump and other equipment necessary to utilize water from the Well for the uses mentioned
above. The owners of the Well shall each install and maintain a flow meter with remote readout
sufficient to continuously and accurately measure at all times the water diverted pursuant to their
respective water rights and interests in the Well. The electric service provided to the Well shall
be metered and the pumping costs shall be apportioned between the owners of the Well in
accordance with the actual usage of each as measured by the flow meters referenced above.
6. Maintenance. The owners of the Well shall cooperate and consult with each other
prior to making any expenditures or performing any repairs, maintenance or improvements on the
2GaMi\Doc/Well Agrmt - McPherson Well.wpd
Well Facilities. Notrwithstanding the foregoing, each owner shall have the right to make such
repairs, improvements, replacements and perform such maintenance as may be required to fully
enjoy such owner's water rights in the Well and to recover from the other, the other owner's share
of the costs of any improvements, maintenance or repairs to the common Well Facilities required
for that purpose.
7. Suspension of Use. No owner shall have the right to use the Well or any water
produced from the Well while in default under any of the terms and conditions of this Agreement
8. Enforcement. The failure of any owner of an interest in the Well to comply with
the provisions of this Agreement shall give rise to a cause of action in favor of the aggrieved party
for the recovery of damages, injunctive relief or both. Failure of an aggrieved owner to enforce
any such rights shall in no event be deemed a waiver of the right to do so in the future.
9. Amendments. This Agreement may be amended only upon the agreement of all
owners of an interest in the Well, signed and acknowledged in the manner of a deed and recorded
in the records of the Clerk and Recorder of Garfield County.
10. Binding Effect. This Agreement shall run with the land and be binding upon and
inure to the benefit of the parties and their respective successors and assigns.
Dated this _ day of 2004
GRANTORS GRANTEE:
Victor F. Ganzi
LONE PINON OWNERS ASSOCIATION,
a Colorado not-for-profit corporation
By:
Wayne H. Pollard President
STATE OF NEW YORK
COLTNTY OF NEW YORK
Theforegoinginstrumentwasacknowledgedbeforemethis-dayof-,
2004, by Victor F. Ganzi.
Witness my hand and official seal
My commission expres:
SS.
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.,C:Front Desk/Clienrcaui,DocAilell Agrmt - McPherson Well wpd
Notary Public
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me this _ day of
2004, by Wayne H. Pollard.
Witness my hand and official seal.
My commission expires
Notary Public
STATE OF COLORADO
COLINTY OF GARFIELD
The foregoing instrument was acknowledged before me this _ day of
2004, by
-,
as President of Lone Pinon Owners Association.
Witness my hand and official seal.
My commission expires
Notary Public
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)
SS.
4C:Froot Desldclient/Gaui/DocAilell Agrmt - McPherson Well.wpd
EXHIBIT A
SURVEY SERVICES, ING.
136 E. THIRD STREET
RIFLE, CO 81650
PHONE: (970) 62s-1330
FAX: (970) 62s-2773
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PARCEL 4
A PARCEL OF LAND SITUATE IN THE NW1/4 OF SECTION 4, TOWNSHIP 6 SOUTH,
RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER FOR SECTION 4,THENCE N89O39'02"E
ALONG THE NORTHERLY LINE OF SATD SECTION 4, A DISTANCE OF 666.99 FEET TO
THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY LINE
52007'37"8 92.62 FEET; THENCE N54'57'2l"E 67 .12 FEET; THENCE 523"01 '01"E 398.71
FEET; THENCE 533"44'52"W 291.29 FEET; THENCE 564"47'37"W 356.69 FEET; THENCE
564"02'29"W 118.39 FEET; THENCE N0lo52'48"E 149.99 FEET; THENCE 586"53'08"W
330.49 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 4; THENCE
SOO"3O'08''W ALONG SAID WESTERLY LINE IOO3.24 FEET TO THE NORTH 1/16
CORNER BETWEEN SECTIONS 4 AND 5, A BRASS CAP LS NO. 14060 FOUND IN PLACE;
THENCE DEPARTING SAID WESTERLY LINE N89"I 5'2\"8 ALONG THE NORTHERLY
LINE OF THE ANTONELLI EXEMPTION A DISTANCE OF 662.05 FEET; THENCE
DEPARTING SAID NORTHERLY LINE SOO"45'22"E ALONG THE EASTERLY LINE OF
THE ANTONELLI EXEMPTION AND THE POLLARD EXEMPTION PLATS 1316.69 FEET
TO A POINT ON THE SOUTHERLY LINE OF NWl/4 SECTION 4; THENCE DEPARTING
SAID EASTERLY LINE N89"24'37''E ALONG SAID SOUTHERLY LINE 660.79 FEET TO
THE WEST CENTER 1/16 CORNER (WHENCE A WITNESS CORNER, A REBAR AND
ALUMINUM CAP LS NO. 36572IN PLACE BEARS N00"20'28"W 25.00 FEET;) THENCE
CONTINUING ALONG SAID SOUTHERLY LINE N89'24'37"8I322.OO FEET TO THE
CENTER % CORNER OF SECTION 4, A REBAR AND ALUMINUM CAP LS NO. 27613 IN
PLACE; THENCE DEPARTING SAID SOUTHERLY LINE N00o37'32"W ALONG NORTH
SOUTH CENTERLINE OF SAID SECTION 4 A DISTANCE OF 1322,23 FEET TO THE
NORTH CENTER Ii 16 CORNER SECTION 4, A REBAR AND ALUMINUM CAP LS NO.
36572IN PLACE; THENCE CONTINUING ALONG SAID NORTH SOUTH CENTERLTNE
NOO"37'32"W 17IO.O2 FEET TO THE NORTH % CORNER OF SECTION 4, A SPIKE IN THE
ASPHALT FOLIND IN PLACE; (WHENCE A WITNESS CORNER, A 3 Yo,, ALUMINUM CAP
LS NO. 36572IN PLACE BEARS S00o37'32"E 30.00 FEET;) THENCE DEPARTING SAID
NORTH SOUTH CENTERLINE S89'39'02"W ALONG THE NORTH LINE OF THE NWl/4 OF
SAID SECTTON 4 A DISTANCE OF 1306.92 FEET TO THE WEST 1/16 CORNER (WHENCE
A WITNESS CORNER, A REBAR AND ALUMINUM CAP LS NO. 36572IN PLACE BEARS
S00"20'28"E 30.00 FEET;) THENCE CONTINUING ALONG SAID NORTH LINE OF
SECTION 4 S89"39'02"W 639.9I FEET TO THE TRUE POINT OF BEGINNING
PARCEL OF LAND CONTAINING I5O.I3O ACRES. MORE OR LESS
DECLARATION
oF'
COVENANTS. CONDITIONS AND RESTRICTIONS
(Antlers Orchard Tracts 7r8r9, and 10)
KNOW ALL MEN BY THESE PRESENTS that the undersigned do hereby declare and
adopt the following Declaration of Covenants, Conditions and Restrictions (the "Declaration")
which shall run with the property hereinafter described and shall be binding upon all parties
acquiring any interests therein or thereto.
RECITALS
A. The property submitted to this Declaration consists of Tracts J,8,9 and 10 as
shown on the Amended Final Plat of Tract T,Tract 8, Tract 9 and Tract 10, Antlers Orchard
Development Company's Plat No. 1.
B. Said Tracts are submitted to this Declaration in order to preserve, protect, promote,
enhance and maintain the property values and the desirability and attractiveness of the Parcels.
ARTICLE I.
DEFINITIONS
The following terms shall have the following meanings when used herein unless the
context otherwise requires:
1.1. The Propertv. The Property subject to this Declaration is described as follows:
Tracts 7, 8, 9 and 10 according to the Amended Final Plat of Tract
T,Tract 8, Tract 9 and Tract 10, Antlers Orchard Development
Company's Plat No. 1, recorded in the Garfield County, Colorado
records as Reception No.
1.2. The Plat. The "Plat" means the Amended Final Plat of TractT ,Tract 8, Tract 9 and
Tract 10, Antlers Orchard Development Company's Plat No. 1, recorded as Reception No.
of the Garfield County, Colorado records.
1.3. The Development. Any reference herein to the "Development" means Tracts 7,
8, 9 and 10 as depicted on the Plat.
1.4. The Declarant. Any reference herein to the "Declarant" means Victor F. Ganzi and
Wayne H. Pollard, collectively.
1.5. Tract. "Tract" means any of the Tracts designated as such on the Plat.
1.6. Owner. "Owner" means and refers to any person or entity including the Declarant,
at any time owning an interest in a Tract.
1.7. Association. "Association" means and refers to Lone Pinon Owners Association,
a Colorado Corporation, not for profit.
1.8. The Purpose. The purpose of this Declaration is preserve, protect, promote and
maintain the values, desirability and attractiveness of the Development.
ARTICLE II.
ASSOCIATION
2.1. Name. The name of the Association is Lone Pinon Owners Association.
2.2. Membership. Every Owner shall be entitled and required to be a member of the
Association. An Owner shall be entitled to one membership for each Tract owned. Each such
membership shall be appurtenant to and inseparable from the Tract upon which it is based and
shall be transferred automatically by the transfer, in whatsoever form, of that Tract. Ownership
of a Tract shall be the sole qualification for membership. No person or entity other than an Owner
may be a member of the Association.
2.3. Voting. Each Tract shall be entitled to one vote. Owners of more than one Tract
shall have the right to cast the aggregate number of votes that the Tracts which they own represent.
If any Tract is owned by multiple parties, all such parties shall be members; provided however,
that the vote to which such Tract is entitled shall be exercised as the several Owners among
themselves shall determine and that in no event shall more than one vote be cast with respect to
any one Tract. Cumulative voting shall not be permitted.
2.4. Assessments. The Association shall have the right to levy and make assessments
in accordance with its Bylaws, for the following purposes:
(a) To promote the health, safety and welfare of the Owners and residents of
the Property;
(b) To pay expenses incurred by the Association in connection with the
installation, maintenance, repair, replacement and operation ofthe common
domestic water and raw water irrigation systems;
(c) To pay expenses incurred by the Association in connection with the upkeep,
maintenance (including snow removal), repair and improvement of Lone
Pinon Lane depicted on the Plat;
(d) To pay any deficit remaining from any previous assessment;
C:FRONT DESK,/CIi entlGami/Doc/3-26-04 Declaration-Antlers Orchard Tracts wpd 2
(e)To create a reasonable contingency, reserye, surplus and/or sinking fund;
and
(f)To pay any other expenses and liabilities which may be incurred by the
Association for the benefit of the Owners, under or by reason of this
Declaration, its Articles of Incorporation or Bylaws.
2.5. Payment of Assessments. Each Owner shall pay the Association, in accordance
with its Bylaws, such assessments as may be periodically made by the Association.
2.6. Periodic Assessments. After any assessment has been made by the Association,
assessments shall thereafter be made no less frequently than annually and shall be based on a
budget adopted by the Association no less frequently than annually.
2.7 , Special Assessments. In the event costs associated with the maintenance or repair
of the common domestic or raw water irrigation facilities or Lone Pinon Lane are incurred by the
Association as a result of excessive wear or abuse, or the negligent or intentional act of one or
several Owners, the Association may levy a Special Assessment against such Owner or Owners
to cover the costs associated with such maintenance and repairs.
2.8. Added Charges. The Association may impose charges for late payment of
assessments, recoverreasonable attorney's fees and othercosts of collection and levy fines for
violation of this Declaration or the Bylaws of the Association. All such charges shall be
enforceable as assessments. Any past-due assessment shall bear interest at the rate of eight percent
(8%) per annum or at such greater rate as may be established by the Association.
2.9. Collection of Assessments. The Association shall have the right to bring an action
at law against the Owner personally obligated to pay any delinquent assessment or charges.
2.10. Assessment Liens. All sums assessed to any Tract by the Association shall be
secured by a lien on such Tract in favor of the Association. Such lien shall be subordinate to any
valid tax and special assessment lien on the Tract in favor of any governmental assessing authority,
but shall be superior to all other liens and encumbrances on such Tract. The Association may
record in the office of the Clerk and Recorder of Garfield County, Colorado, a Statement of Lien
setting forth the name of the owner, the legal description of the Tract, the name of the Association
and the amount of the delinquent assessment, which Statement shall be signed and acknowledged
by an executive officer of the Association, and served upon the Owner of the Tract by ordinary
mail, mailed to the address of the Tract, or to such other address the Association may have in its
records for the Owner of the Tract. On the expiration of not less than ten ( 1 0) days after the
mailing of such notice, the Association may proceed to foreclose the Statement of Lien in the same
manner as provided for the foreclosure of mortgages on real property. The Association shall be
entitled to recover in any action (whether a foreclosure action or a personal action) the full amount
of all delinquent assessments, together with interest, late charges, costs and expenses of suit,
including without limitation, its reasonable attorney's fees incurred.
C:FRONT DESlVClient/Gaui/Doc/3-26-04 Declaration-Antlers Orchard Tracts.wpd 3
No owner may exempt himself or his Tract from liability for any assessment or assessment
lien by waiving any benefits or by abandonment of his Tract. A transfer (by whatever method)
of any Tract shall not affect the assessment lien. The sale or transfer of a Tract shall not relieve
the owner from personal liability for any assessment made prior to such transfer, and the party
acquiring any Tract for which any assessment remains unpaid shall be deemed to have personally
assumed such liability.
ARTICLE III.
DESIGN REVIEW GUIDELINES
3. 1 . Design Review. No improvement shall be constructed, erected, placed, maintained,
changed or altered (including any change ofexterior appearance, color or texture) nor any fence,
utility facility or other structure be built, extended, installed or any work undertaken on any Tract
until plans and specifications with respect thereto have been submitted to and approved, in writing,
by the Design Review Authority. The plans and specifications submitted shall show all exterior
elevations, floor plans and specifications and include samples of materials and colors and such
other information as the Design Review Authority may reasonably request. In addition to building
design, the Application shall include a site plan. All plans and specifications shall conform to the
Uniform Building Code and other applicable state and local codes and be submitted, in writing
over the signature of the Owner of the Tract or the Owner's authorized representative. All
improvements shall conform with the design guidelines set forth in this Article.
3.2. Design Review Authoritv. Declarant hereby appoints Wayne H. Pollard to serve
as the initial Design Review Authority. The initial address of the Design Review Authority is:
6448CountyRoad233,Silt,CO81652. Declarantsreservetherighttochangetheparryorparties
designated to serve as the Design Review Authority from time to time by notice referencing this
Declaration, executed and acknowledged by the Declarants in the manner of a deed and recorded
in the Garfield County, Colorado records. Notwithstanding the foregoing, commencing January
l,20lO, and at all times thereafter, the Association shall serve as the Design Review Authority.
The Declarant may voluntarily appoint the Association as the Design Review Authority at an
earlier date by the execution and recordation of the appropriate instrument confirming such
appointment.
3.3. Design Review Guidelines. The following design review guidelines shall apply to
all improvements or structures constructed on any Tract:
(a) The principal residential structure located on any Tract must contain at least
2,000 square feet of living space on the main floor.
(b) All housing structures must comply with the standards and specifications
of the Uniform Building Code.
(c) Varied roof lines are required. No home will be allowed to have a single
straight ridgeline for the full length of the home. Hip roofs, partial hip
C:FRONT DESIVCIi enttcatui/Docl3-26-04 Declaration-Antlers Orchard Tracts.wpd 4
roofs, garageroofs that intersect perpendicular to the main roof are three (3)
types of construction that can be used to help satisfy this requirement.
(d) All homes must have a minimum roof pitch of 4112, with preference given
to 5ll2 and steeper roofs.
(e) Every home must be placed on a pennanent foundation.
(0 Roof eaves must be a minimum of twelve (12) inches. The majority of the
roof overhangs must be greater than twelve (12) inches. No home will be
allowed to have a single straight soffit line for the full length of the home.
Dormers, covered porches and covered decks are three (3) types of
construction that can be used to help satisff this requirement.
(g) All outbuildings must be of the same architectural style as the residence and
must have the same roofing and exterior finishes as the residence.
(h) The Design Review Authority must approve all fence designs and shall
have the authority to require fences sufficient to contain livestock in
locations where the Tracts border agricultural lands.
ARTICLE IV.
USE RESTRICTIONS
4.1. No Resubdivision. No further subdivision of any Tract shall be permitted.
4.2. No Mobile Homes or Manufactured Housing. No Mobile Homes specifically
designed to be relocated from place to place or manufactured housing shall be permitted within
the development. For purposes of this section, "manufactured housing" means any structure,
wholly or substantially constructed off-site and thereafter situated upon a Tract.
4.3. Animals. No animals of any kind shall be raised, bred or kept on the Property for
commercial purposes. Dogs and cats may be kept, provided that such pets are at all times under
the control of their Owner, well-mannered and behaved. Notwithstanding the foregoing, the
Association may promulgate rules and regulations concerning the keeping of dogs and cats within
the Development, which are more restrictive than those limitations set forth above. Horses and
mules are permitted, provided that not more than two (2) such animals, in any combination, shall
be kept on any one Tract.
4.4. Alterations. No fences, walls, decks, balconies or additions to any building or other
structure shall be constructed or installed without the approval of the Association, except to replace
or repair the initial construction previously approved by the Association.
C:FRONT DESIVCIi entlcawt/Doc/3-26-04 Declaration-Antlers Orchard Tracts.wpd 5
4.5. Signs. No advertising signs shall be placed or erected upon any portion of the
Property nor shall any such signs be displayed from any window or doorway of any dwelling unit,
provided that the prohibitions of this Section shall not apply to Declarant or to "For Sale" or "For
Rent" signs advertising Tracts in the Development.
4.6. Antennas. No television or radio antennas and no satellite dishes, except roof
mounted antennas not extending more than ten (10) feet above the highest point of the roof line
and satellite dishes mounted on an approved structure, shall be permiued on any Tract.
4.7. Garbage and Trash. No refuse, garbage, trash, lumber, grass, shrub or tree
clippings, plant waste, compost, metal, bulk materials, scrap or debris of any kind shall be kept,
stored or allowed to accumulate on the Properfy, except in prescribed trash collection areas or
dumpsters approved by the Association.
4.8. Fences. No fence shall be maintained or shall be erected on the Property without
the prior approval ofthe Design Review Authority, which shall have the authority to require fences
sufficient to contain livestock in locations where the Tracts border agricultural lands.
4.9. Maintain Appearance. No improvements constructed upon any Tract shall be
permitted to fall into disrepair and each and every such improvement shall at all times be kept in
good condition and repair and adequately painted, stained or otherwise finished and maintained.
4.I0. Vehicle Repairs. No maintenanqe, servicing, repair, dismantling or repainting of
any type of vehicle, boat, machine or equipment may be carried on on any Tract outside the
confines ofa garage or other enclosure.
4.1I. No Unlicensed or Inoperable Vehicles: Equipment. No motor vehicles, recreational
vehicles, campers, boats or towed trailers, which are inoperable or not currently licensed, shall be
parked or stored on any Tract. No tractors, commercial vehicles or other types of equipment shall
be kept, stored or parked on any Tract, except within a garage.
4.I2. No Temporary Structures. No tent or shack or other temporary building,
improvement or structure shall be placed upon the Property, except for such temporary structures
necessary for the storage of tools and equipment and for office space for architects, builders and
foremen, during actual construction.
4.I3. Building Materials and Other Materials. No building materials shall be stored or
allowed to accumulate on any Tract, except building materials used in the course of construction
and only for such reasonable periods of time as may be necessary to accommodate construction
of improvements permitted upon the Tract. Any lumber, posts, rails and other materials stored on
any Tract shall be kept in garages or otherwise screened from view.
4.14. Drainage. No Owner shall do anything that shall impair or adversely affect the
natural drainage. No Owner shall divert drainage water onto the property of another or deprive
CTFRONT DESMIi eotlcaat/Docl3-26-04 Declaration-Antlers Orchard Tracts.wpd 6
any other Tract ofits natural drainage course
4.15. No Mining. No mining, quarrying, tunneling, excavating or drilling for any
substance within the earth including oil, gas, minerals, gravel, sand, rock, earth or dirt shall be
permitted on any Tract by any Owner.
4.16. Prohibitions. NofirearmsshallbedischargedwithintheboundariesoftheProperfy.
No noxious or offensive activity of any type shall be carried on upon the Property nor shall
any'thing be done or permitted which may be or become a nuisance or danger to the Owners or
occupants of the Properfy. Without limiting the generality of any of the foregoing provisions, no
exterior speakers, horns, whistles, bells or other sound devices (other than security devices used
exclusively for security purposes) shall be located, used or placed upon the Property.
4.17. No Hazardous Activities. No activities shall be conducted on the Properly which
are unsafe or hazardous or constitute a potential danger to any person or property.
4. 18. Underground Utilities. All extensions from the common trunk lines of all electrical,
telephone, cable tv and other utility lines shall be accomplished utilizing underground construction
and installation technique and shall not be carried on overhead poles nor above the surface of the
ground.
ARTICLE V.
WATER SYSTEMS
5.1. Domestic Water System. Domestic water shall be provided to each Tract from the
McPherson Well, the location of which is depicted on the Plat (the "Well"). The Association has
acquired an undivided twenty-five percent (25%) interest in the physical components of the Well
in order to accommodate the withdrawal of water from the Well under a Water Allotment
Contract between the Association and the West Divide Water Conservancy District for 1.76 acre
feet ofwater per year (the "Allotment Contract"). The water supply for the Tracts is limited to the
uses and to the amount permitted under the Allotment Contract, which shall in no event exceed
twenty-five percent (25%) of the water physically available from the Well and each Tract shall be
entitled to an equal one-fourth (1/4) share thereof. The use of the water supply by each Tract is
limited to the following permitted uses: (1) ordinary household purposes inside one (l) single
family dwelling; (2) fire protection; (3) the non-commercial watering of up to two (2) animals; and
(4) the irrigation of up to 7,500 square feet of gardens and lawns. Additional irrigated areas on
any Tract shall be served only through the raw water irrigation system described below. The Well
Agreement between the Association and the owner of the Adjudicated Water Rights is recorded
as ReceptionNo.
reference.
of the Garfield County records and is incorporated herein by this
5.2. Easements. Easements necessary for the construction, maintenance, repair,
replacement and operation of facilities necessary to deliver water from the McPherson Well to the
Tracts have been granted to the Association.
C:FRONT DESMli entlcaz:LlDocl3-26-04 Declaration-Antlers Orchard Tracts.wpd 7
5.3. Well Operating Costs. The Association shall be responsible for all operating costs
incurred by the Association in connection with the Well. In the absence of water meters, any and
all operating costs including, but not limited to, electrical service charges incurred by the
Association, shall be assessed equally among the Tracts which have connected to or are otherwise
using water from the Well. In the event the Association installs water meters to measure each
Tract's water consumption, the operating costs shall be assessed among the Tracts in proportion
to the metered usage.
5.4. No Obligation Prior to Connection to the Well. No Tract shall incur any obligation
or be responsible for any costs with respect to the Well or water facilities associated therewith for
improvements, maintenance, repairs or operating expenses, except during periods when such Tract
is physically connected to the Well by a water line or is otherwise using water from the Well.
5.5. Water Tanks Required. Each Tract shall be required to have an underground water
storage tank, having a capacity of not less than 1,000 gallons for storage of domestic water from
the McPherson Well. The Owner of each Tract shall be responsible for the installation and
maintenance of the storage tank serving such Owner's Tract and shall be responsible for the
payment of all costs associated therewith. No Owner shall be allowed to connect to the domestic
water system unless and until a water storage tank is installed as required hereunder.
5.6. Raw Water Irrigation S),stem. The Association owns eight (8) shares in the
Farmers Irrigation Company and the Owner of each Tract shall be entitled to use an equal one-
fourth (Il4th) share of the water attributable to said shares for the irrigation of such Owner's Tract.
The Association may hereafter construct common facilities for the delivery of such water to the
Tracts, the cost of which shall be assessed and shared equally among the Tracts. Any and all costs
incurred by the Association in connection with the operation ofthe raw water irrigation system and
all costs incidental to the Association's ownership of shares in the Farmers Irrigation Company
including, but not limited to, any and all assessments, fees or charges levied by the Farmers
Irrigation Company shall be assessed and shared equally among the Tracts, regardless of usage.
5.7. Maintenance and Repair Costs. The Association shall be responsible for the
upkeep, maintenance, repair and improvement of any shared domestic water or raw water
irrigation facilities used in common by two (2) or more Tracts. Any and all costs incurred by the
Association in connection therewith, shall be assessed equally among the Tracts sharing the use
of such facilities. The upkeep, maintenance, repair and improvement of any water facilities
serving only one Tract, and any costs associated therewith, shall be the exclusive obligation of the
Owner of the particular Tract served thereby.
5.8. Suspension of Use. In the event an Owner fails to pay the Association any sums
assessed against such Owner's Tract pursuant to this Article V, such Owner shall not be entitled
to use the water system for which such assessment was levied, until payment, in full, of the
delinquent assessment and all additional charges imposed in accordance with the provisions ofthis
Declaration. Any such suspension of use shall be in addition to all of the remedies available to
the Association pursuant to this Declaration.
C:FRONT DESK/CIi ent/canz{Docl3-26-04 Declaration-Af,tlers Orchard Tracts.wpd 8
ARTICLE VI.
LONE PINON LANE
The upkeep, maintenance (including snow removal) repair and improvement oflone Pinon
Lane as depicted on the Plat, shall be the obligation and responsibility of the Association and any
and all costs associated therewith, shall be assessed equally among the Owners ofthe Tracts served
or benefitted thereby. Lone Pinon Lane shall be maintained to a minimum standard that will
accommodate convenient travel over a reasonably smooth surface by an ordinary two-wheel drive
automobile. The upkeep, maintenance, repair, improvement of Lone Pinon Lane shall be
conducted in such manner that such times deemed necessary by Owners representing a majority
of the Tracts served or benefitted thereby.
ARTICLE VII.
GENERAL PROVISIONS
7.1. Covenants Run With Land. This Declaration shall run with the land and be a
burden on and a benefit to the Tracts and shall be binding upon all Owners of any interest in any
Tract and any occupant of any Tract within the Development.
7.2. Amendment and Revocation. This Declaration may be amended or revoked only
by the written agreement of all the Owners of said Tracts 7, 8,9 and 10 and each of the
undersigned Declarants then having an ownership interest in all or any partof that certain property
described in Exhibit A attached hereto, executed, acknowledged and recorded in the records of the
Clerk and Recorder of Garfield County, Colorado.
7 .3. Duration. This Declaration shall continue in effect until revoked or terminated in
the manner provided above.
7.4. Enforcement. Failure of any Owner to comply with the provisions of this
Declaration or with the Articles of Incorporation, or Bylaws of the Association, shall give rise to
a cause of action in the Association, as well as any aggrieved Owner for the recovery of damages,
injunctive relief or both. The failure of the Association or any Owner to enforce any such rights,
shall in no event, be deemed a waiver of the right to do so in the future.
7.5. Severability. If any clause or provision of this Declaration is determined to be
illegal, invalid or unenforceable under present or future laws, all other terms and provisions hereof
shall nevertheless remain in full force and effect.
[Signatures to follow on next page]
C:FRONT DESkTClientlGtrui/Docl3-26-O4 Declararion-Antlers Orchard Tracts.wpd 9
IN WITNESS WIIEREOF, this Declaration of Covenants, Conditions and Restrictions has
been executed this day of_,2004.
DECLARANTS
Victor F. Ganzi
Wayne H. Pollard
STATE OF NEW YORK
COLINTY OF NEW YORK
Theforegoinginstrumentwasacknowledgedbeforemethis-dayof-,
2004, by Victor F. Ganzi.
Witness my hand and official seal.
My commission expires
Notary Public
STATE OF COLORADO
COUNTY OF GARFIELD
Theforegoinginstrumentwasacknowledgedbeforemethis-dayof-,
2004, by Wayne H. Pollard.
Witness my hand and official seal
My commission expires
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C:kumflb md Settingssrotrl ksk!>skbp\ClEmc@ik\j-26{4 hltrarih-tur* *"n*, ,*o *", 1 0
Notary Public
EXHIBIT A
SURVEY SERVICES,INC.
PARCEL 4
A PARCEL OF LAND SITUATE IN THE NW1/4 OF SECTION 4, TOWNSHIP 6 SOUTII,
RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COLINTY OF GARFIELD,
STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER FOR SECTION 4,THENCE N89O39'02''E
ALONG THE NORTHERLY LINE OF SAID SECTION 4, A DISTANCE OF 666.99 FEET TO
THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY LINE
S20'07'37-E}2.62FEET; THENCEN54o57'2|"E67.12 FEET; THENCE 523"01'01"E 398.77
FEET; THENCE 533"44'52"W 291.29 FEET; THENCE 564"47'37"W 356.69 FEET; THENCE
564"02'29"W 118.39 FEET; THENCE N0l'52'48"8149.99 FEET; THENCE 586"53'08"W
330.49 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 4; THENCE
SOO'30'08"W ALONG SAID WESTERLY LINE IOO3.24 FEET TO THE NORTH 1/16
CORNER BETWEEN SECTIONS 4 AND 5, A BRASS CAP LS NO. 14060 FOLIND IN PLACE;
THENCE DEPARTING SAID WESTERLY LINE N89"I5'2I''E ALONG THE NORTHERLY
LINE OF THE ANTONELLI EXEMPTION A DTSTANCE OF 662.05 FEET; THENCE
DEPARTING SAID NORTHERLY LINE SOO"45'22"E ALONG THE EASTERLY LINE OF
THE ANTONELLI EXEMPTION AND THE POLLARD EXEMPTION PLATS 1316.69 FEET
TO A POINT ON THE SOUTHERLY LINE OF NW1/4 SECTION 4; THENCE DEPARTING
SAID EASTERLY LINE N89"24'37''E ALONG SAID SOUTHERLY LINE 660.79 FEET TO
THE WEST CENTER I/16 CORNER (WHENCE A WITNESS CORNER, A REBAR AND
ALUMINUM CAP LS NO. 36572IN PLACE BEARS NOOO2O,28',W 25.00 FEET;) THENCE
CONTINUING ALONG SAID SOUTHERLY LINE N89'24'37"8I322.OO FEET TO THE
CENTER % CORNER OF SECTION 4, A REBAR AND ALUMINUM CAP LS NO. 27613 IN
PLACE; THENCE DEPARTING SAID SOUTHERLY LINE N00"37'32"W ALONG NORTH
SOUTH CENTERLINE OF SAID SECTION 4 A DISTANCE OF 1322.23 FEET TO THE
NORTH CENTER 1/16 CORNER SECTION 4, A REBAR AND ALUMINUM CAP LS NO.
36572IN PLACE; THENCE CONTINUING ALONG SAID NORTH SOUTH CENTERLINE
NOO'37'32"W 1710.02 FEET TO THE NORTH % CORNER OF SECTION 4, A SPIKE IN THE
ASPHALT FOLIND IN PLACE; (WHENCE A WITNESS CORNER, A 3 %,, ALIJMINUM CAP
LS NO. 36572IN PLACE BEARS S00'37'32"E 30.00 FEET;) THENCE DEPARTING SAID
NORTH SOUTH CENTERLINE S89'39'O?''W ALONG THE NORTH LINE OF THE NWl/4 OF
SAID SECTTON 4 A DISTANCE OF 1306.92 FEET TO THE WEST 1/16 CORNER (WHENCE
A WITNESS CORNER, A REBAR AND ALUMINUM CAP LS NO. 36572IN PLACE BEARS
s00"20'28"E 30.00 FEET;) THENCE CONTINUING ALONG SAID NORTH LINE OF
SECTION 4 S89"39'02*W 639.91 FEET TO THE TRUE POTNT OF BEGINNING.
PARCEL OF LAND CONTAINING 15O.I3O ACRES, MORE OR LESS
136 E. THIRD STREET
RTFLE, CO 81650
PHONB: (970) 62s-1s30
FAX: (970162s-2773
t
I
Sra.rE RADO
DrcpanrMENT oF
Srarn
CnnuFrcATE
I, DONETTA DAVIDSON, Secretary of State of the State of Colorado,
hereby certifu that, according to the records ofthis office,
LONE PINON OWNERS ASSOCIATION
(Colorado NONPROFIT CORPORATION)
File # 200312640s6
was filed in this office on August 15,2003 and has complied with the applicable provisions
of the laws of the State of Colorado and on this date is in good standing and authori zed and
competent to transact business or to conduct its affairs within this state.
Dated: March 18,2004
For Validation:
Certificate lD: 779688
To validate this certificate, visit the following
web site, enter this certificate lD, then follow the
instructions displayed.
www.sos. state.co. u s/Val i dateCe rtif i cate
F STATE
I
BYLAWS
LONE PINON
OWNERS ASSOCIATION
ARTICLE I - OFFICES
The principal office ofthe corporation shall be located at6448 County Road
233, Silt, Colorado 81652. The corporation may have such other offices either
within the State of Colorado as the Executive Board may desi gnate, or as the
business of the corporation may require.
EII .
Section 2.1 Purpose. The purpose of this non-profit corporation is to
administer the Declaration of Covenants, Conditions and Restrictions recorded as
ReceptionNo.in the records ofthe Clerk and Recorder of Garfield
County, Colorado (the "Declaration"), which Declaration governs Tracts 7,8,9 and
10 according to the Amended Final Plat of Tract T,Tract 8, Tract 9 and Tract 10,
Antlers Orchard Development Company's Plat No. 1, recorded as Reception No.
of the Garfield County, Colorado records (the "Plat").
Section 2.2 Application. All present and future owners, tenants and persons
using land, Tracts or improvements within the Development, are subject to the
provisions set forth in these Bylaws. The mere acquisition or rental of any Tract in
the Development or the mere act of occupancy of the same or any portion thereof
shall signif, that these Bylaws are accepted, ratified and will be complied with.
Section 2.3 The Declaration. This nonprofit corporation is organized to carry
out the purposes and directives of the Declaration and to the extent any provision
contained in these Bylaws conflicts with the Declaration, the provisions of the
Declaration shall be deemed to control.
OF
TI
Section 3.1 Association. "Association" means and refers to LONE PINON
OWNERS ASSOCIATION, a Colorado corporation, not for profit.
Section 3.2 Owner. "Owner" means and refers to any person or entity,
including the Declarant, at any time owning a Tract.
Section 3.3 Tract. "Tract" means any of the Tracts designated as such on the
Plat.
Section 3.4 Mortgage. "Mortgage" means and refers to any mortgage, deed
of trust or other security instrument by which a Tract or any part thereof is
encumbered.
Section 3.5 Mortgagee. "Mortgagee" means and refers to any person or
entity named as a mortgagee or beneficiary under any deed of trust or mortgage
under which the interest of any Owner is encumbered.
XI
Section 4.1 Membership. Every owner shall be entitled and required to be
a member ofthe Association. An owner shall be entitled to one (1) membership for
each Tract owned. Each such membership shall be appurtenant to and inseparable
from the Tract upon which it is based, and shall be transferred automatically by the
transfer, in whatsoever form, of that Tract. Ownership of a Tract shall be the sole
qualification for membership. No person or entity other than an owner may be a
member of the Association.
Section 4.2 Voting. Each Tract shall be entitled to one (t) vote. Owners of
more than one (1) Tract shall have the right to cast the aggregate number of votes
that the Tracts which they own represent. If any Tract is owned by multiple parties,
all such parties shall be members; provided, however, that the vote to which such
Tract is entitled shall be exercised as the several owners among themselves shall
determine, but in no event shall more than one (1) vote be cast with respect to any
one (1) Tract. Cumulative voting shall not be permiued.
2C:OmICE DATA/CLIEM/CaMi,D6Aylaws-Lone Pinon .{pd
Section 4.3 Majoriqv Vote. As used in these Bylaws, the term "majority
vote" means more than seventy-five percent (75%) of the total number of votes
authorized.
Section 4.4 Ouorum. Except as may be otherwise provided in the
Declaration or these Bylaws, and except as hereinafter provided with respect to the
calling of another meeting, the presence, in person or by proxy of members entitled
to cast at least seventy-five percent (7 5%) of the votes of all members entitled to
vote shall constitute a quorum at any meeting of such members and if the required
quorum is not present, in person or by proxy, at any such meeting of Members,
another meeting may be called, subject to the notice requirements herein specified.
Section 4.5 Adjournment of Members' Meetings. Members present in
person or by proxy at any meeting may adjourn the meeting from time to time,
without notice other than announcement at the meeting, for a total period or periods
of not to exceed thirty (30) days after the date set for the original meeting. At any
adjourned meeting which is held without notice other than announcement at the
meeting, any business may be transacted which might have been transacted with the
meeting as originally called as long as a quorum is present.
Section 4.6 Vote Required at Members' Meetings. At any meeting, if a
quorum is present, a majority of the votes present, in person or by proxy and
entitled to be cast on a matter, shall be necessary for the adoption of the matter,
unless a greater proportion is required by law, the Declaration, the Articles of
Incorporation or these Bylaws.
Section 4.7 Proxies. A member entitled to vote may vote in person or by
proxy executed in writing by the member or his duly authorizedattorney-in-fact and
filed with the Secretary of the meeting prior to the time the proxy is exercised. Any
proxy may be revoked by attendance of the member in person at a meeting or by
revocation in writing filed with the Secretary of the meeting prior to the time the
proxy is exercised. A proxy shall automatically cease upon the conveyance by a
member of the Tract and the transfer of the membership on the books of the
Association.
tJC:OFICE DATA/CLIEM/Canzi,Doc/Bylails-Lone pinon .rpd
Section 4.8 Required Proxies. If title to a Tract is held by more than one (1)
person or by a firm, corporation, partnership, association or other legal entity, or
any combination thereof, such owners shall execute a proxy appointing and
authorizing one (1) person or alternate persons to attend all annual and special
meetings of members and thereat to cast whatever vote the owner himself might cast
if he were personally present. Such proxy shall be effective and remain in force
unless voluntarily revoked, amended, or sooner terminated by operation of law;
provided, however, that within thirty (30) days after such revocation, amendment
or termination, the owner shall reappoint and authorize one (1) person or alternate
persons to attend all annual and special meetings as is provided by this paragraph.
Section 5.1 Domestic Water System. Domestic water shall be provided to
each Tract from the McPherson Well, the location of which is depicted on the Plat
(the "We11"). The Association has acquired an undivided twenty-five percent (25%)
interest in the physical components of the Well in order to accommodate the
withdrawal of water from the Well under a Water Allotment Contract between the
Association and the West Divide Water Conservancy District for 1.76 acre feet of
water per year (the "Allotment Contract"). The water supply for the Tracts is
limited to the uses and to the amount permitted under the Allotment Contract, which
shall in no event exceed twenty-five percent (25%) of the water physically available
from the Well and each Tract shall be entitled to an equal one-fourth (ll4) share
thereof. The use of the water supply by each Tract is limited to the following
permiued uses: (1) ordinary household purposes inside one (l) single family
dwelling; (2) fire protection; (3) the non-commercial watering of up to two (2)
animals; and (4) the irrigation of up to 7,500 square feet of gardens and lawns.
Additional irrigated areas on any Tract shall be served only through the raw water
irrigation system described below. The Wetl Agreement between the Association
and the owner of the Adjudicated Water Rights is recorded as Reception No.
of the Garfield County records and is incorporated herein by this
reference.
5.2. Easements. Easements necessary for the construction, maintenance,
repair, replacement and operation of facilities necessary to deliver water from the
McPherson Well to the Tracts have been granted to the Association.
C:OtrICE DATilCLIENT/Cmzme/Bylaws-Lone pinotr.\pd 4
5.3. Well Operating Costs. The Association shall be responsible for all
operating costs incurred by the Association in connection with the Well. In the
absence of water meters, any and all operating costs including, but not limited to,
electrical service charges incurred by the Association, shall be assessed equally
among the Tracts which have connected to or are otherwise using water from the
Well. In the event the Association installs water meters to measure each Tract's
water consumption, the operating costs shall be assessed among the Tracts in
proportion to the metered usage.
11. No Tract shall incur
any obligation or be responsible for any costs with respect to the Well or water
facilities associated therewith for improvements, maintenance, repairs or operating
expenses, except during periods when such Tract is physically connected to the
Well by a water line or is otherwise using water from the Well.
5.5. Water Tanks Required. Each Tract shall be required to have an
underground water storage tank, having acapacity of not less than 1,000 gallons for
storage of domestic water from the McPherson Well. The Owner of each Tract
shall be responsible for the installation and maintenance of the storage tank serving
such Owner's Tract and shall be responsible for the payment of all costs associated
therewith. No Owner shall be allowed to connect to the domestic water system
unless and until a water storage tank is installed as required hereunder.
5.6. Raw Water Irrigation System. The Association owns eight (8) shares
in the Farmers Irrigation Company and the Owner of each Tract shall be entitled to
use an equal one-fourth (1/4th) share of the water attributable to said shares for the
irrigation of such Owner's Tract. The Association may hereafter construct common
facilities for the delivery of such water to the Tracts, the cost of which shall be
assessed and shared equally among the Tracts. Any and all costs incurred by the
Association in connection with the operation ofthe raw water irrigation system and
all costs incidental to the Association's ownership of shares in the Farmers
Irrigation Company including, but not limited to, any and all assessments, fees or
charges levied by the Farmers Irrigation Company shall be assessed and shared
equally among the Tracts, regardless of usage.
5.7. Maintenance and Repair Costs. The Association shall be responsible
forthe upkeep, maintenance, repair and improvement of any shared domestic water
or raw water irrigation facilities used in common by two (2) or more Tracts. Any
5.4.b
5C:OFFICE DATUCLIENT/canzi/DeBylaws-Lone Pinon .wpd
and all costs incurred by the Association in connection therewith, shall be assessed
equally among the Tracts sharing the use of such facilities. The upkeep,
maintenance, repair and improvement of any water facilities serving only one Tract,
and any costs associated therewith, shall be the exclusive obtigation of the Owner
of the particular Tract served thereby.
5.8. Suspension of Use. In the event an Owner fails to pay the Association
any sums assessed against such Owner's Tract pursuant to this Article V, such
Owner shall not be entitled to use the water system for which such assessment was
levied, until payment, in fuIl, of the delinquent assessment and all additional
charges imposed in accordance with the provisions of this Declaration. Any such
suspension of use shall be in addition to all of the remedies available to the
Association pursuant to this Declaration.
AR
The upkeep, maintenance (including snowremoval) repair and improvement
of Lone Pinon Lane as depicted on the Plat, shatl be the obligation and
responsibility of the Association and any and all costs associated therewith, shall be
assessed equally among the Owners of the Tracts served or benefitted thereby.
Lone Pinon Lane shall be maintained to a minimum standard that will accommodate
convenient travel over a reasonably smooth surface by an ordinary two-wheel drive
automobile. The upkeep, maintenance, repair, improvement of Lone Pinon Lane
shall be conducted in such manner that such times deemed necessary by Owners
representing a majority of the Tracts served or benefitted thereby.
ARTICLE VII - ASSESSMENTS
Section 7.1 Assessments. The Association shall have the right to levy and
make assessments in accordance with its Bylaws, for the following purposes:
(u) To promote the health, safety and welfare of the Owners and
residents of the Tracts;
(b) To pay expenses incurred by the Association in connection with
the installation, maintenance, repair, replacement, operation and
management of the common domestic water and raw water
irrigation systems;
6C:OFFICE DATA/CLIEM/GanzilD@tsytaws-hne pinon .*?d
(c) To pay expenses incurred by the Association in connection with
the upkeep, maintenance (including snow removal), repair and
improvement of Lone Pinon Lane depicted on the Plat;
(d) To pay any deficit remaining from any previous assessment;
(e) To create a reasonable contingency, reserve, surplus and/or
sinking fund;
(f) To pay any other expenses and liabilities which may be incurred
by the Association for the benefit of the Owners, under or by
reason of this Declaration, its Articles of Incorporation or
Bylaws.
Section 7.2 Payment ofAssessments. Each Owner shall pay the Association
such assessments as may be periodically made by the Association, within fifteen
(15) days after the date the assessment is levied. Each Owner shall be personally
liable for any assessment levied against the Owner's Tract.
Section 7.3 Periodic Assessments. After any assessment has been made by
the Association, assessments shall thereafter be made no less frequently than
annually and shall be based on a budget adopted by the Association no less
frequently than annually.
Section 7.4 Special Assessments. In the event costs associated with the
maintenance or repair of the common domestic water or raw water irrigation
facilities or Lone Pinon Lane are incurred by the Association as a result of excessive
wear or abuse, or the negligent or intentional act of one or several Owners, the
Association may levy a Special Assessment against such Owner or Owners to cover
the costs associated with such maintenance and repairs.
Section 7.5 Added Charges. The Association may impose charges for
late payment of assessments, recover reasonable attorney's fees and other costs of
collection and levy fines for violation of this Declaration or the Bylaws of the
Association. All such charges shall be enforceable as assessments. Any past-due
assessment shall bear interest at the rate of eight percent (8%) per annum or at such
greater rate as may be established by the Association.
7C:OFFICE DATA"/CLIENT/canr,D@tsylaws-Lone Pinon.rpd
Section 7.6 Collection of Assessments. The Association shall have the right
to bring an action at law against the Owner personally obligated to pay any
delinquent assessment or charges.
Section 7.7 Assessment Liens. All sums assessed to any Tract by the
Association shall be secured by a lien on such Tract in favor of the Association.
Such lien shall be subordinate to any valid tax and special assessment lien on the
Tract in favor of any governmental assessing authority, but shall be superior to all
other liens and encumbrances on such Tract. The Association may record in the
office ofthe Clerk and Recorder of Garfield County, Colorado, a Statement of Lien
setting forth the name of the owner, the legal description of the Tract, the name of
the Association andthe amount ofthe delinquent assessment, which Statement shall
be signed and acknowledged by an executive officer ofthe Association, and served
upon the Owner of the Tract by ordinary mail, mailed to the address of the Tract,
or to such other address the Association may have in its records for the Owner of
the Tract. On the expiration of not less than ten (10) days after the mailing of such
notice, the Association may proceed to foreclose the Statement of Lien in the same
manner as provided for the foreclosure of mortgages on real property. The
Association shall be entitled to recover in any action (whether a foreclosure action
or a personal action) the fulI amount of all delinquent assessments, together with
interest, late charges, costs and expenses of suit, including without limitation, its
reasonable attorney' s fees incurred.
No owner may exempt himself or his Tract from liability for any assessment
or assessment lien by waiving any benefits or by abandonment of his Tract. A
transfer (by whatever method) of any Tract shall not affect the assessment lien. The
sale or transfer of a Tract shall not relieve the owner from personal liability for any
assessment made prior to such transfer, and the party acquiring any Tract for which
any assessment remains unpaid shall be deemed to have personally assumed such
liability.
Section 7.8 Notice of Assessment Liens. The Association shall furnish to
a Tract owner or his designee, or to a holder of security interest, mortgage or deed
of trust or its designees, upon written request delivered personally or by certified
mail, first-class postage prepaid, return receipt requested, to the Association's
registered agent, a written statement setting forth the amount of unpaid assessments
currently levied against such owner's Tract. This statement shall be furnished
within fourteen (1a) days after receipt of the request and is binding on the
C:OFFICE DATA,/CLIEI.IT/canzi/D@/Bylaws-Lone pinon.$?d 8
Association and every owner. If no statement is furnished to the Tract owner or
holder of the security interest, mortgage or deed of trust, or to his designee,
delivered personally or by certified mail, first-class postage prepaid, return receipt
requested, to the inquiring party, then the Association shall have no right to assert
a lien upon the Tract for unpaid assessments which were due as of the date of the
request.
Section 8.1 Annual Meetings. Meetings ofthe Members shall be held at the
principal office of the Association or such other place as the Members may
determine. The annual meeting of the members shall be held at 7 o'clock p.m. on
the second Tuesday in the month of October in each year for purposes of electing,
from among the members, the officers of the Association, and to transact such other
business of the Association as may properly come before the meeting.
Section 8.2 Special Meetings. The President shall call aspecial meeting of
the Owners when so directed by resolution of the Members or upon presentation to
the Secretary of a petition signed by Members representing at least fifty percent
(50%) of the voting rights. No business shall be transacted at a special meeting,
except as stated in the notice.
Section 8.3 Notice of Meetings. Written notice stating the place, day and
hour of any meeting shall be delivered not less than ten ( 10) nor more than fifty (50)
days before the date of the meeting, either personally or by mail, by or at the
direction of the President or the Secretary of the Association or the officers or
persons calling the meeting, to each member entitled to vote at such meeting. The
notice of an annual meeting shall identiff any matter which it is known may come
before the meeting including, but not limited to, the general nature of any proposed
amendment to the Declaration or Bylaws, any budget changes, and any proposal to
remove an officer. The notice of a special meeting shall state the purpose or
pu{poses for which the meeting is called. If mailed, such notice shall be deemed to
be delivered when deposited in the United States mail addressed to the member at
his address as it appears on the records of the Association, with postage thereon
prepaid. Waiver of notice, either in person or by proxy, and signed either before,
at or after any meeting, shall be a valid substitute for service. The certificate of the
President or Secretary that notice was duly given shall be prima facie evidence
thereof.
9C:OmlCE DATA,/CLIENT/Ganzi/D@/Bylaws-t4ne pinon .*pd
Section 8.4 Order of Business. The order of business at all meetings of the
members shall be as follows:
(u)
(b)
(c)
(d)
(e)
(0
(e)
Roll call (to determine the votes represented at the meeting);
Proof of notice of meeting or waiver of service;
Reading of minutes of preceding meeting;
Reports of officers (when applicable);
Reports of committees (when applicable);
Election of Officers; and
New business.
ARTICLE IX - OFFICERS
Section 9.1 Designation. The officers of the Association shall be a
President, a Vice-President, a Secretary and a Treasurer, all of whom shall be
elected by the Members; provided that, the office of Vice-President may remain
vacant at the discretion of the Members. Any officer ffi&y, but need not be a
Member of the Association.
Section 9.2 Election of Officers. The officers of the Association shall be
elected annually by the Members. The officers shall hold office at the pleasure of
the Members. One person may hold concurrently any two (2) offices, except that
the person holding the office of President shall not concurrently hold the office of
Secretary.
Section 9.3 Removal of Officers. Upon an affirmative vote of a majority of
the Members, any officer may be removed, with or without cause, and his successor
elected at any regular meeting of the Members, or at any special meeting of the
Members called for such purpose.
Section 9.4 President. The President shall be the chief executive officer of
the Association. He shall act as chairman and preside at all meetings of the
Association and the Members. He shall have all of the general powers and duties
which are usually vested in the office of President of an Association, including, but
not limited to the power to appoint committees from among the owners to assist in
the conduct of the affairs of the Association.
CiOFFICE DATA.iCLIEM/Ganzi,/DnEylaws-L.ne Pinon.u?d 10
Section 9.5 Vice President. The Vice-President shall have all the powers
and authority and perform all of the functions and duties of the President, in the
absence ofthe President or upon the President's inability, for any reason, to exercise
such powers and functions or perform such duties.
Section 9.6 Secretary. The Secretary shall keep the minutes of meetings of
the Members, have charge of such books and papers as the Members may direct,
and shall, in general, perform all the duties incident to the office of the Secretary.
The Secretary shall compile and keep current and maintain at the principal office
of the Association, a complete list of members and their registered mailing
addresses. Such list shall also show, opposite each member's name, the appropriate
designation of the Tract owned by such member. Such list shall be open to
inspection by members and other persons lawfully entitled to inspect the same at
reasonable times during regular business hours.
Section 9.7 Treasurer. The Treasurer shall have responsibility for
Association funds and shall be responsible for keeping full and accurate accounts
of all receipts and disbursements in books belonging to the Association. The
Treasurer shall be responsible for the deposit of all monies and other valuable
effects in the name and to the credit of the Association in such depositories as may
from time to time be designated by the Members.
ARTICLEX-NODIRECTORS
As provided in the Articles of Incorporation and as permitted by statute, this
nonprofit Corporation shall not have a Board of Directors or Executive Board.
FFI
The Association shall indemni$, every officer of the Association, against all
loss, costs and expenses, including counsel fees reasonably incurred by him in
connection with any action, suit or proceeding to which he may be made apafi by
reason of his being or having been an officer ofthe Association, except as to matters
to which he shall be finally adjudged in such action, suit or proceeding to be liable
for gross negligence or willful misconduct. In the event of a settlement,
indemnification shall be provided only for those matters determined by the
Members not to be the product of gross negligence or willful misconduct on the part
of the officer to be indemnified. The officer or officers to be indemnified shall not
C:OFFICE DATA/CLIEM/Canzi,Dc/Bylaws-Lonc Pinon .wpd 11
take part in the decision to indemni0r. All liability, loss, damage, costs and expense
incurred or suffered by the Association by reason or arising out of or in connection
with the foregoing indemnification provisions shall be treated and handled by the
Association as a common expense. The Association shall maintain insurance for
purposes ofthis paragraph, as more particularly provided below. Nothing contained
in this paragraph shall be deemed to obligate the Association to indemnifu any
member or owner of a Tract, who is or has been an officer of the Association, with
respect to any duties or obligations assumed or liabilities incurred by him under and
by virtue of the Declaration as an owner of a Tract.
LE
Section 12.1 Officers to Propose Budget. It shall be the duty ofthe President
and Secretary to formulate and propose a budget of expenses, not less often than
annually.
Section 12.2 Ownership Approval. Within thirty (30) days after adoption of
any proposed budget, the Secretary shall mail, by ordinary first-class mail, or
otherwise deliver a summary of the budget to all Owners and shall set a date for a
meeting of the Owners to consider ratification of the budget. Unless at that
meeting, a majority of all Owners reject the budget, the budget is ratified, whether
or not a quorum is present. In the event that a proposed budget is rejected, the
period budget last ratified by the Owners shall be continued until such time as the
Owners ratifu a subsequent budget proposed by the Officers.
ARTICLE XIII -INSURANCE
Section 13. 1 Association to Maintain Insurance. Commencing not later than
the time of the first conveyance of a Tract to a person other than the Declarant of
the Declaration, the Association shall maintain, to the extent reasonably available,
the kinds and types of insurance specified in this Article.
Section 13.2 Liability Coverage. The Association shall keep and maintain
commercial general liability insurance against claims and liabilities arising in
connection with the operation and management of the business and affairs of the
Association, as deemed sufficient in the judgment of the Members, but in no event,
less than $500,000 per occuffence and $1,000,000 aggregate, insuring the
Association, its officers, employees and agents and the Members.
C:OFFICE DATA,/CLIEM/Ganzi,DGmyhws-Lonc prnon.wpd 12
Section 13.3 Fidelitv Bonds and Insurance. The Association shall obtain
adequate fidelity bonds or insurance coverage to protect against dishonest acts of
all Members, officers, employees and managers of the Association handling or
responsible for Association funds. Fidelity insurance coverage shall not be less than
the aggregate amount of one (1) year's current assessments, plus reseryes as
calculated from the current budget of the Association, or $50,000, whichever is
greater. The Association may carry fidelity insurance in a greater amount.
Section 13.4 Officers. The Association shall keep and maintain Officers
errors and omissions and personal liability coverage, with limits not less than
$500,000 per occurrence and $1,000,000 aggregate, to protect the officers from
personal liability in relation to or arising out of their duties on behalf of the
Association.
Section 13.5 Other Insurance. The Association may also obtain insurance
coverage against any such other risks of a similar or dissimilar nature, as deemed
appropriate and approved by the Members.
Section 13.6 Insurance Expense. The cost of all insurance which the
Association is required or permitted to maintain, shall be assessed to the Tracts,
equally.
These Bylaws may be amended by the Association members at a duly
constituted meeting for such purpose. No amendment shall take effect unless
approved by owners representing amajority ofthe total votes present orrepresented
by proxy at such meeting, or such greater number as may be required by the
Declaration, in respect to any specific matter. The notice of such meeting shall
contain a summary of the proposed changes or a copy of such proposed changes.
ARTICLE XV - MISCELLANEOUS
Section 15.1 Proof of Ownership. Any person, on becoming an owner of
a Tract, shall furnish to the Association a photocopy of the recorded instrument
vesting that person with an interest or ownership, which instrument shall remain in
the files of the Association. A member shall not be deemed to be in good standing
C:OFICE DATA/CLIEM/catrziDocBylaws-hnc pinon wpd 13
nor shall he be entitled to vote at any annual or special meeting of members unless
this requirement is first met.
Section 15.2 Registration of Mailing Address. The owners of each Tract
shall have one registered mailing address to be used by the Association for mailing
of monthly statements, notices, demands, and all other communications, and such
registered address shall be the only mailing address used by the Association. Such
registered address of a Tract owner or owners shall be furnished by owners to the
Secretary within five (5) days after transfer of title. Such registration shall be in
written form and signed by all of the owners of the Tract or by such persons as are
authorized by law to represent the interests of such owners. If no such address is
registered or if all of the owners cannot agree,then the address of the Tract shall be
the registered address until another registered address is furnished as permitted
under this Article. Registered addresses may be changed from time to time by
similar designation.
Section 15.3 Bylaws Shall Comply With Law. These Bylaws are intended
to comply with the requirements of the Colorado Non-Profit Corporation Act. If
any of these Bylaws should, at any time, conflict with the provisions of such Act in
any manner not permitted, the provisions of the Act shall control.
Section 15.4 Non-Profit Purpose. This Association is not organized for
profit. No member or officer of the Association shall receive or shall be lawfully
entitled to receive any pecuniary profit from the operation thereof, and in no event
shall any part of the funds or assets of the Association be paid as salary or
compensation to, or inure to the benefit of any member; provided, however: (1)
reasonable compensation may be paid to any officer or member while acting as an
agent or employee ofthe Association, for services rendered in effecting one or more
of the purposes of the Association; and (2) any officer or member may, from time
to time, be reimbursed for his actual and reasonable expenses incurred in connection
with the administration of the affairs of the Association.
Section 15.5 Corporate Seal. The Corporate Seal of this non-profit
corporation shall be circular in form and shall contain the name of the corporation
and the words "Seal, Colorado."
C:OFFICE DATA,iCLIENT/GaMi,/D6tsytaws-Lonc pinon.s?d t4
THE UNDERSIGNED Secretary of Lone Pinon Owners Association, a
Colorado corporation not for profit, does hereby certifu that the above and
foregoing Bylaws were duly adopted by the Members as the Bylaws of the
corporation on the _ day of 2004, and that the same do now
constitute the Bylaws of the corporation.
Secretary
C:OFFICE DATA,/CLIENT/cffiilD@/Bylaw-lrrc Pinon .*pd 15