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HomeMy WebLinkAbout1.2 Supplemental App InfoDECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE CLINETOP RANCH SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS is made this the 22ND day of April, 1998 ("Covenants"), by THE R. D. & C.V. HUBBELL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, RALPH HUBBELL and CONNIE HUBBELL (hereinafter referred to as "Declarants"). ARTICLE I PURPOSE OF COVENANTS These Covenants are controlled by the provisions of the Colorado Common Interest Ownership Act and shall govern and be applicable to that certain planned community situated in Garfield County, Colorado, known as the Clinetop Ranch Subdivision, a subdivision consisting of two (2) lots (the "Subdivision"), as defined and described in the Final Plat (hereinafter "Final Plat") therefor recorded in Book at Reception in the Office of the Clerk and Recorder of Garfield County, Colorado. It is the intention of the Declarants, expressed by their execution of this instrument that the lands within the Subdivision described on Appendix A be developed and maintained as a highly desirable scenic residential area (hereinafter the "Lot" or "Lots"). It is the purpose ofthese Covenants to preserve the present natural beauty and character ofthe property along with the views and setting of the Subdivision to the greatest extent reasonably possible, and the Lots therein shall always be protected as much as possible with respect to uses, structures, landscaping, and general development as permitted by this instrument. These Covenants shall be a burden upon and run with all of the lands within the Subdivision. ARTICLE II OWNERS . HOMEOWNERS ASSOCIATION Membership. All persons or other entities who own or acquire the title in fee to any of the Lots in the Subdivision by whatever means acquired (the "Owners") shall automatically become members of Clinetop Ranch Subdivision Homeowners Association (hereinafter the "Associatiofl") , & Colorado non-profit corporation, in accordance with the Articles of Incorporation of Clinetop Ranch Homeowners Association, which shall be filed with the Colorado Secretary of State and recorded in the real estate records of the Garfield County, Colorado, Clerk and Recorder, and as the same may be duly amended from time to time and also filed with the Colorado Secretary of State and recorded with the Garfield County Clerk and Recorder. There shall be one (1) vote per lot in the Association. 1 2 Purpose. The Association shall be authorized and empowered to take each and every step necessary or convenient to the implementation and enforcement of these Covenants. The Association shall have the right and responsibility to maintain, preserve, repair, insure, and otherwise protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, and keep all roads and easements in good, safe, and usable condition to the extent that such may be reasonably necessary and desirable. The Association shall be authorized to enter into agreements with third parties for the maintenance, repair, and upkeep of roads, and irrigation ditch easements. A11 costs and expenses associated with preserving, maintaining, repairing, protecting, insuring, and otherwise dealing with roads, easements, or other Association property and interests shall be borne by the Owners and shall be assessed, all as more fully provided herein. ARTICLE III RESTRICTIONS AND PROTECTIVE COVENANTS Residential Use. All rights of Owners shall be subject to the Final Plat and the Garfield County Land Use Code. Only one (1) single-family dwelling and a single caretaker's quarters, together with structures appurtenant thereto, shall be constructed on any Lot in the Subdivision. Residential use shall be limited to the use and occupancy by not more than eight total full-time residents. In the absence of the written consent of 100% of the voting Owners, the maximum size of any residential, single-family dwelling shall be six thousand (6,000) square feet, with a maximum five thousand (5,000) square feet above-grade, exclusive of open porches, decks, and attached garages for not more than three (3) vehicles. No Mining" Drilling. or Ouarrying. Mining, quarrying, tunneling, excavating, or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock, and earth, shall not be permitted within the limits of the Subdivision except for use within the Subdivision. No Further Subdivision. No Lot described on the recorded Final Plat ofthe Subdivision shall ever be further subdivided into smaller Lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat of the Subdivision without the written consent of 100%o of the voting Owners. Notwithstanding the foregoin g, aLot line adjustment between two (2) Lots in the Subdivision shall be deemed a permitted subdivision, subject, however, to any reviews or approvals that may be required by the Garfield County Land Use Code and to the prior approval of the Architectural Committee. 4 Duplexes/Multi-Family Structures. Duplexes and multifamily structures are prohibited in the Subdivision. 1 2 aJ CL]NETOP R4NCH SUBDIYISION COI/ENANTS 1L- 5 6. Number and Location of Buildings. No buildings or uses shall be placed, erected, altered, or permitted to remain on any Lots except as may be compatible with other improvements in the Subdivision and as approved by the written consent of l00Yo of the voting Owners. Underground Utility Lines. With respect to the new construction or extension of any utilities, all water, sewer, gas electrical, telephone, cable television, and other utility pipes or lines within the limits of the Subdivision shall be buried underground and not be carried on overhead poles or above the surface ofthe ground. Any areas ofnatural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner or Owners causing the installation of the utilities no later than the next growing season following installation. Service Yards and Trash. Equipment, service yards, or storage piles on any Lots may be permitted during construction if they receive the written consent of 100% of the voting Owners. All rubbish and trash shall be removed from all Lots in the Subdivision and shall not be allowed to accumulate. Trees. No Owner shall remove any trees without first having obtained the approval the written consent of 100% of the voting Owners. All construction, landscaping, and development on any Lot shall seek to minimize the removal of trees and to preserve the natural trees and vegetation to the greatest extent possible while bearing in mind wildfire considerations. Planting of natural and indigenous species is recommended. The planting of ornamental gardens and non-native species that attract unwanted attention from wildlife is to be discouraged. Noxious or Offensive Activitv or Sounds. No noxious or offensive activity or sounds shall be carried on upon any portion of the Subdivision at any time nor shall anything be done or permitted which may be or become a nuisance to the Subdivision property or to the Owners thereof by sight or sound. The safe discharge of firearms is an allowed activity within the Subdivision, in accordance with applicable laws and regulations. Domestic Animals. One (l) dog will be allowed for each residential unit within the subdivision and the dog shall be required to be confined within the owner's property boundaries. This provision will only apply to subsequent property owners, as the applicants will be allowed to have a maximum of three (3) dogs, confined to the owner's property boundaries. Dogs must be kept under the direct control of Owners at all times and shall not be permitted to run free and cause nuisance in the Subdivision. No domestic animals shall be allowed beyond the boundaries of the Lot owned by the Owners where the domestic animal is housed unless accompanied by a person in full control of such animal. Dogs must be kenneled when the Owner of the dog is not present on the Subdivision property. Metal fencing will be allowed for the purpose of kenneling animals. 7 8. 10 9 CL]NETOP RANCH SUBDIVISION CO'/ENANTS -3- Should any domestic animal caught chasing or molesting deer, elk, poultry, or any other domestic animal, the Owners shall be authorized to prohibit the property Owner from continuing to maintain the offending animal on that Owner's property and may dispose of that animal, if necessary to protect his or other Owners' domestic animals. In any event, pit Bull Teniers, Staffordshire Terriers, Rottweilers, Chow Chows or any dog containing 50yo of the above-mentioned breeds, will not be allowed on the Subdivision property. No animal(s) may be kept on a lot or in the residences which result(s) in an annoyance or is obnoxious to residents in the vicinity or to the Owners within the Subdivision, and aggressive or vicious animals are to be excluded from the Subdivision. Should an animal be deemed offensive, obnoxious, aggressive, or vicious, original Owners may exercise priority right of removing any offensive animals with a single vote. Livestock. The keeping of large livestock shall be limited by the carrying capacity of the agricultural lands of the property as determined by the local offices ofthe Natural Resources Conservation Service. Pastures and paddocks must be kept clean, sanitary and in a fashion in accordance with sound agricultural and animal husbandry practices. Overgrazing will not be permitted and if the opinion is given by the Natural Resources Conservation Service ("NRCS") that the property is overgrazed, animals must be immediately removed from the property as recommended by the NRCS. Noxious Weeds. Infestation ofthe property by noxious weeds such as death camas, burdock, hound's tongue, dandelions and other such undesirable and/or noxious weeds will not be tolerated. Spraying and eradication shall be performed as needed in accordance with standard safety practices by a certified weed control specialist on a schedule determined by the NRCS. Costs will be equally shared by the Owners. Maintenance of Lots. The maintenance of good wildlife habitats will be encouraged, and the planting of native species is to be encouraged. Tall grass, especially in designated wildlife habitat areas, is not to be considered to be an unsanitary or unattractive condition. Fireplaces. No open hearth solid-fuel fireplaces will be allowed anyrvhere within an exemption. One (1) new solid-fuel burning stove as defined by C.R.S. 25-7-401, et seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All awiUing units will be allowed an unrestricted number of natural gas burning stoves and appliances. Commercial Activities. No commercial automotive or construction-related commercial vehicles, including storage of automotive or construction equipment or vehicles shall be permitted on any Lot within the Subdivision. Exterior Lightins. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 11. t2 13 14. 15 t6. CLINETOP RANCH SUBDIVISION CO'/ENANTS -4- 1 ARTICLE IV WATER SUPPLY AND WATER RESTRICTIONS Water Rishts. The water rights for the Subdivision are as set forth in the Water Rights Application pending in Case 97 CW 259, Division V, and include the Hubbell Wells Nos. L,2 utd 3, the Hubbell Ditch and Pipeline, the Hubbell Pond, and the Clinetop Ditch priorities 49 A and 220 B. Use of the water rights shall be subject to such guidelines and procedures as may be adopted by the Board of Directors of the Association. Each Lot within the Subdivision shall be served by separate engineered septic/leechfield wastewater treatment systems subject to compliance with the Garfield County Land Use Code. Each Owner shall be responsible for the maintenance and repair of respective wastewater treatment system in accordance with guidelines adopted by the Board of Directors of the Association. Domestic Water. Each Owner shall have the right to drill one well for domestic water. Each Owner is to bear the cost for maintenance and repair of their individual domestic water systems. Waste Water Disposal. All sewage and disposal facilities shall be installed and constructed according to the standards of Garfield County and the State of Colorado. Each Owner shall install and maintain their own individual septic system hereby agrees to have their individual septic tanks professionally cleaned and pumped at least once very three (3) years. Hubbell Pond. The Owners of the Lot where the Hubbell Pond (the "Pond") is located shall have the exclusive right to use the Pond for recreational purposes, including fishing, swimming and boating. The Association shall have the right and obligation to construct, operate and maintain the Pond, including all intake and outlet structures, to the extent necessary to comply with the Decree entered in Case No. 97 CW 259. ARTICLE V COLLECTION OF ASSESSMENTS . ENFORCEMENT Assessments. All Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors of the Association. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: the costs associated with the maintenance and operation of the shared water rights and structures; expenses and costs of maintaining, repairing, and plowing of Clinetop Lane within and accessing the Subdivision and adjacent properties; expenses for maintaining, improving, and preserving the Association's common property; expenses and 2. aJ 4 1 CLINETOP RANCH SUBDIVISION COI/ENANTS -5- 2 costs of insurance, taxes, accounting, and legal functions of the Association. The Board of Directors may establish contingency and reserve funds for the maintenance and improvement of the Association's common property and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay one-half (%) of these funds. The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such pu{pose or purposes, in accordance with these Covenants, or the Articles or By-Laws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the Owners obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. Lien for Nonpayment of Assessments. All sums assessed by the Board of Directors, including without limitation the share of common expense assessments chargeable to any Owner, any ltnes which may be levied on an Owner, and unpaid utility fees, including Basalt Water Conservancy District fees, and assessments charged to an Owner shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: Tax and special assessment liens on the Lots in favor of any governmental assessing unit; and All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. Each Owner hereby agrees that the Association's lien on a Lot for assessments as hereinabove described shall be superior to the Homestead Exemption provided by C.R.S. $38-41-201 et seq. , and each Owner hereby agrees that the acceptance of the right to use any easement or right of way on or through the Subdivision, or the acceptance of a deed or other instrument of conveyance in regard to any Lot within the Subdivision shall signif,, such grantee's agreement to pay all assessments and a waiver of the homestead right granted in said section of the Colorado statutes. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment andlor collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Lot chargeable with the lien, and its legal description. Such a notice shall be signed by one a. b CLINETOP RANCH SUBDI14SION COI/ENANTS -6- 1-l ( 1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof or in any other manner provided under Colorado law. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the Lot at foreclosure sale and acquire and hold, lease, mortgage, and convey same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. Enforcement Actions. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of these Covenants by injunctive relief, on behalf of itself and all or part of the Owners of the lands within the Subdivision. In addition, Owners of land within the Subdivision, upon thirty (30) days written notice to the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Directors but not to exceed 1.5 percent per month. After thirty (30) days' written notice to any Owner of a violation of these Covenants, and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of $50.00 per day for every day the violation exists or continues after the expiration of said thirty (30) day period. Lirnitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in the Subdivision in violation of these Covenants and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrreved. This one (l) year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. ARTTCLE VI EASEMENTS AND OPEN SPACE Easements Shown on Final Plat. The Association is entitled to regulate the use of all easements, including Clinetop Lane, as are reflected on the Final Plat for the Subdivision. Except by agreement with a property Owner, the Association shall have no obligation to pay 4 1 CLINETOP RANCH SUBDIVISION CO'/ENANTS -7- 2 any amount for the use and enjoyment of such easement. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. Easements for Access and Repairs. The Association shall be entitled to an easement across any of the Lots within the Subdivision for the purposes of accessing any of the Association's property or easements, protecting any of the Association's property or easements, or for necessary repairs or emergency circumstances. The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of these Covenants. Clinetop Lane. The right to travel on Clinetop Lane by any person may be regulated or prohibited in the event of violation of safety regulations adopted by the Association, or the non-payment of assessments, in the sole discretion of the Board of Directors. Travel shall be limited to a speed appropriate to minimize the creation of dust and to maximize the safety of all persons and property. The Association may install signage, gates, speed bumps, or other items deemed appropriate in the discretion of the Board of Directors for the safe use of Clinetop Lane. Owners of Lots within the Subdivision may only gain egress from or ingress to their Lots by way of Clinetop Lane. Property owners must maintain all landscaping on their Lots adjacent to Clinetop Lane or adjacent to any driveway serving their Lots. Overgrowth on anJ Lot may be trimmed by Association and the Association's costs assessed to the responsible Owner. ARTICLE VII INSURANCE Types of Insurance. Upon the written consent of 100% of the voting Owners, the Association may obtain and keep in full force and effect the following insurance coverage: a.The Board of Directors, at its discretion, may elect to secure fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. Coverage for members of the Board and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, and errors and omissions, and other forms of liability generally covered in officers and directors liability policies. c.Coverage against such other risks of a similar or dissimilar nature as the Board deems appropriate. J b C LINETO P RANC H S U B DI V] SION C O TE NA NTS -8- 2 ARTICLE VII GENERAL PROVISIONS Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the lands in the Subdivision, and the benefits thereof shall inure to the Owners of the lands in the Subdivision and the benefits, and burdens of all said Covenants shall run with the title to all of the lands in the Subdivision. Termination of Covenants. In the event these Covenants have not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, these Covenants may be terminated on January 1 of the year 2035 by a vote of one hundred percent (100%) of the votes entitled to be cast by the members of the Association. If these Covenants are not so terminated, then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, the Covenants are terminated by a vote of one hundred percent (100%) of the votes entitled to be cast by the members of the Association at a meeting of the members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. Amendment of Covenants. These Covenants may be amended by a vote of one hundred percent (100%) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. Severabilit)r. Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. Paragraph Headings and Underlining. The paragraph headings and underlining within this instrument are for convenience only and shall not be construed to be a specific part of the Covenants contained herein. Limited Liabiliqv. The Association and the Board shall not be liable to any part tor any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemni$ the Association and the Board against loss resulting from such action or failure to act if the Association and the Board acted or failed to act in good faith and without malice. aJ 4. 5 6. CLINETOP RANCH SUBDI14SION COYEN,4NTS -9- 7 Resolution of Disputes. Any dispute arising from the implementation of the Covenants shall be resolved by binding arbitration and thereafter enforced by the Association in accordance with the provisions herein. IN WITNESS WHEREOF, this Declaration of Protective Covenants for the Subdivision has been executed as of the day and year first above written. DECLARANTS: R.D. & C.V. HUBBELL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP By Hubbell, General Partner Ralph Hubbell, Individually By: ConnieHubbell,GeneralPartner ConnieHubbell,Individually STATE OF'COLORADO COUNTY OF GARFIELD SUBSCRIBED AND SWORN TO before me the undersigned authority on this the /'"y'-^day of f--,2--tte( ,1999 , by Ralph Hubbell in his capacity as General Partner of R.D. & C.V. Hubbell Family Limited Liability Limited Partnership and Individually. WITNESS MY HAND AND SEAL.f.^ tL'(;, Carla Ramsey ISEAL] My Commission Expires: 1010912002 ) ) ) CLINETOP R4NCH SUBD]VISION COYENANTS -1 0- STATE OF COLORADO COUNTY OF'GARFIELD SUBSCRIBED AND SWO RN TO before me the undersi gned authority on this the,/ '/?- day of 199 ii , by Connie Hub bell in her capacity as GeneralPartner of R.D. & C.V. Hubbell Family Limited Liabi lity Limited partnership andIndividually ) ) ) /).<'c>,rl> , WITNESS MY HAND AND SEAL.(-21<'L-(/e-', / Carla Ramsey ISEAL] My Commission Expires: 10/0912002 ".? 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