HomeMy WebLinkAbout1.02 Declaration of Covenants, Conditions & RestrictionsGOLUBA & GOLUBA P.C.
ATTORNEYS AT LAW
US BANK BUILDING
802 GRAND AVENUE, SUITE 301
P.O. BOX 931
GLENWOOD SPRINGS, COLORADO 81602
(970) 945-9141
Fax (970) 945-9143
NICHOLAS W. GOLUBA NEIL W. GOLUBA
July 6, 2000
Hand Delivered
Mark Bean
Planning Director
Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
Re: Lacy Park Subdivision
Dear Mark:
7/, 7 /fro
Enclosed is a copy of the recorded Declaration of Covenants, Conditions and Restrictions
for Lacy Park Subdivision and the original Amendment to that Declaration.
After the document was recorded, instead of installing individual osmosis treatment
components for each lot as that lot was developed, the Developer was required to install, up front,
a reverse osmosis water treatment system capable of providing potable water to all of the lots. After
installing that complete system, application for partial reimbursement was made to the Department
of Energy because the lands are within the plume of contamination west of Rifle covered by the
Uranium Mill Tailings Radiation Control Act. The DOE required a restriction on the drilling of any
new wells on the property and therefore Section 4.6 is added at the request of DOE.
The Declaration requires the Board of County Commissioners to approve Amendments to
the Declaration, and thus I am submitting the Amendment originally signed by all parties in interest
for County approval.
We request approval of the Amendment by the Board of County Commissioners and that
such approval be evidenced by the Consent to Amendment appearing on the last page of the
document to be executed by the Chairman and the County Clerk. We further ask that the final
executed document be delivered to the Clerk and Recorder for recording and that the original
document be returned to me after processing by the Recorder's office.
Mark Bean
Garfield County Planning Department
July 6, 2000
Page 2
Enclosed is my check in the sum of $20.00, payable to the Clerk and Recorder, to cover the
costs of recording the Amendment.
Thank you for your attention to this matter.
Very truly yours,
NICHOLASIVV. GOLUBA
NWG:gal
Enclosure
cc: Lacy Park, LLC
Cheri Bahrke, Deparfent of ner
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AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF LACY PARK SUBDIVISION
(Commercial - Garfield County)
KNOW ALL MEN BY THESE PRESENTS, that LACY PARK, LLC, a Colorado limited
liability company, 2720 Railroad Avenue, Rifle, Colorado 81650 and ROCKY MOUNTAIN
BAPTIST CHURCH OF RIFLE, COLORADO, 22026 Highway 6 & 24, P.O. Box 468, Rifle,
Colorado 81650, the owners of all the lots within the Lacy Park Subdivision, shown on the Plat
thereof recorded as Reception No. 537420 of the Garfield County, Colorado records, do hereby
amend the Declaration of Covenants, Conditions and Restrictions for Lacy Park Subdivision,
recorded as Reception No. 537422 of the Garfield County, Colorado records, as follows:
Amendment
Article IV - Common Well and Water Distribution is hereby amended as follows:
1. Section 4.5 is amended to read in its entirety as follows:
Section 4.5. Centralized Individual Water Treatment System.
So long as the water supply for this subdivision is provided by
groundwater, the potable water supply will be substandard and
require treatment by a reverse osmosis process to eliminate potential
radioactive and other impurities. A well, pump house, fire retention
pond, a reverse osmosis water treatment filtration system capable of
providing potable water per EPA standards and related water system
facilities, for the use and benefit of all the lots, have been
constructed and installed by the Declarant within the private access
and maintenance easement established for that purpose shown on the
Plat. All such improvements are hereby dedicated by the Declarant
to Lacy Park Owners Association. It shall be the responsibility of
the Association to monitor and maintain the water system and all
such improvements. The Association shall provide documented
inspection and maintenance of all reverse osmosis system
components as recommended by the system manufacturer in a
manner consistent with industry standards and keep and maintain the
same in good condition and repair at all times.
2. The following Section is added:
Section 4.6. Restrictions on Drilling Wells for Domestic Water
Purposes. No lot owner shall use ground water from the Property
for domestic purposes without adequate treatment meeting the State
of Colorado drinking water standards. No owner shall construct
any well or wells, or any means of exposing ground water to the
surface, unless prior written approval for such use is given by the
Association and the Colorado Department of Health and
Environment. Should the Association be required to take any
enforcement action under this Section of the Covenants, the U.S.
Department of Energy, as a third party beneficiary, and upon
request from the Association may provide any necessary assistance
as appropriate.
THE FOREGOING AMENDMENT IS APPROVED AND ADOPTED this _ day of
, 2000, by the undersigned owners, which owners collectively represent one
hundred percent (100%) of the lots within the Lacy Park Subdivision.
(Corporate Seal)
DECLARANT AND OWNER (Lots 1-5):
LACY PARK, LLC, a Colorado limited liability company
By Johnson Construction, Inc. (Manager)
BY/
Vice President
ATTEST:
OWNER (Lot 1):
Secretary
ROCKY MOUNTAIN BAPTIST CHURCH OF
RIFLE, COLORADO
By:
By:
Trustee - Don Charboneau
Trustee -
? n -l/ li�fifi�
yne Pol and
Trustee - Ted Monger
-2-
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this day of
2000, by Anna R. Johnson as Vice President and Christene Marie Overacker as Secretary of
Johnson Construction, Inc., a Colorado corporation, acting in its capacity as Manager on behalf
of Lacy Park, LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
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The foregoing instrument was acknowledged before me this day of
2000, by Don Charboneau, Wayne Pollard, and Ted Monger, acting in their capacity of Trustees
on behalf of Rocky Mountain Baptist Church of Rifle, Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
SS.
COUNTY OF GARFIELD )
The oregoing instrument was acknowledged before me this t '
day of 'Y , 2000, by Wayne Pollard, acting in his capacity
as Trustee on e alf of Rocky Mountain Baptist Church of Rifle, Colorado.
Witness my,hand and official seal.
My commission expires:-a,C)-(1,R
-3-
CONSENT TO AMENDMENT
The Board of County Commissioners of Garfield County, Colorado, consents to the
foregoing Amendment this day of , 2000.
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By:
Chairman
WITNESS my hand and the seal for the County of Garfield
ATTEST:
Mildred Alsdorf
County Clerk
C:\Office Data \CLIENNohnson\Lacy \4-0-00 Amendment.wpd
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DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
LACY PARK SUBDIVISION
,1 IIIIII.1!111111111111111111111111111111 III 111111111 111
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TABLE OF CONTENTS
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
LACY PARK SUBDIVISION
ARTICLE I -
Section
Section
Section
Section
Section
Section
Recitals
1.1. The
1.2. The
1.3. The
1.4. The
1.5. The
1.6. The
ARTICLE II -
Section
Section
Section
Section
Section
Section
Section
ARTICLE III
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
1
Declarant 1
Property 1
Plat 2
Development 2
Name 2
Purpose 2
Definitions 2
2.1. Plat 2
2.2. Lot 2
2.3. Owner 2
2.4. Association 3
2.5. Mortgage 3
2.6. Mortgagee 3
2.7. Common Expenses 3
- The Association 3
3.1. The Name 3
3.2. Membership 3
3.3. Voting 3
3.4. Two Classes of Voting Membership 3
3.5. Borrowing 4
3.6. Rules and Regulations 4
3.7. Exercise of Powers 4
3.8. Assessments 4
3.9. Annual Assessments 5
3.10. Special Assessments 5
3.11. Establishment of Annual Assessment Period 5
3.12. Equality of Assessment and Exceptions. 5
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Section 3.13. Collection of Assessments 6
Section 3.14. Assessment Liens 6
Section 3.15. Non -User Exemption 6
Section 3.16. Payment of Assessments 7
Section 3.17. Budgets 7
ARTICLE IV - Common Well and Water Distribution System 7
Section 4.1. Well 7
Section 4.2. Allocation of Water 7
Section 4.3. Water Meters 7
Section 4.4. Maintenance 8
Section 4.5. Centralized Individual Water Treatment Systems 8
ARTICLE V -
Section
Section
Section
Section
Section
Section
Section
Section
ARTICLE VI
Use Regulations 8
5.1. Loading and Unloading 8
5.2. Parking 8
5.3. Lighting 8
5.4. Resubdivision 9
5.5. Maintain Appearance 9
5.6. Waste Water Treatment 9
5.7. Drainage 9
5.8 Dogs 9
-Insurance
Section 6.1.
Section 6.2.
Section 6.3.
Section 6.4.
Section 6.5.
Section 6.6.
Section 6.7.
Section 6.8.
Association to Maintain Insurance
Liability Coverage
Non -Availability
Fidelity Bonds and Insurance
Officers and Directors
Worker's Compensation and Employer's Liability Insurance
Other Insurance
Insurance Expense
9
9
9
10
10
10
10
10
11
ARTICLE VII - Assessment Certificates and Notices 11
Section 7.1. Assessment Certificates 11
Section 7.2. Notice of Assessment Liens 11
ARTICLE VIII - General Provisions 11
Section 8.1. Notices to Owners 11
Section 8.2. Covenants to Run with the Land 11
Section 8.3. Termination or Amendment of Declaration 11
Section 8.4. Enforcement 12
Section 8.5. Duration 12
Section 8.6. Severability 12
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LACY PARK SUBDIVISION
DECLARATION OF COVENANTS: CONDITIONS AND RESTRICTIONS
(Commercial - Garfield County, Colorado)
KNOW ALL MEN BY THESE PRESENTS that LACY PARK, LLC, a Colorado limited
liability company does hereby declare and adopt the following Declaration of Covenants,
Conditions and Restrictions (the "Declaration"), which shall run with the real property hereafter
described, and which shall be binding upon all parties acquiring any interest therein or thereto.
ARTICLE I - Recitals
Section 1.1. The Declarant. Lacy Park, LLC (the "Declarant") is a limited liability
company duly organized and existing under and by virtue of the laws of the State of Colorado.
Section 1.2. The Property. The real property submitted to this Declaration is located in
the County of Garfield, State of Colorado, and is more particularly described as follows:
A PARCEL OF LAND BEING ALL THAT DESCRIBED IN THAT CORRECTION
DEED FROM CATHEDRAL BLUFFS SHALE OIL COMPANY TO RIO GRANDE
LAND COMPANY, AS RECORDED IN BOOK 672, PAGE 679, JULY 22, 1985 IN THE
OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, SAID PARCEL
BEING ALL OF PARCEL "A" DESCRIBED IN THAT DEED FROM RIO GRANDE
LAND CO. TO SOUTHERN PACIFIC TRANSPORTATION COMPANY, AS
RECORDED IN BOOK 888, PAGE 25, DECEMBER 29, 1993 IN THE OFFICE OF SAID
GARFIELD COUNTY CLERK AND RECORDER, SAID PARCEL SITUATED IN
SECTIONS 13, 14 AND 24, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S.
INTERSTATE HIGHWAY NO. 70, WHENCE THE NORTHWEST CORNER OF SAID
SECTION 23 BEARS S 87 DEGREES 47' 24" W, 3995.88 FEET;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING
EIGHT (8) COURSES:
1) N 67 DEGREES 34' 43" E, 373.33 FEET;
2) N 72 DEGREES 43' 30" E, 564.60 FEET;
3) S 82 DEGREES 13' 30" E, 405.90 FEET;
4) S 71 DEGREES 46' 00" E, 343.60 FEET;
5) ALONG A TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 32
DEGREES 00' 00", A RADIUS OF 627.50 FEET, AN ARC LENGTH OF 350.46 FEET AND OF
WHICH THE CHORD BEARS S 87 DEGREES 46' 00" E, 345.90 FEET;
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6) ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF
57 DEGREES 37' 50", A RADIUS OF 325.00 FEET, AN ARC LENGTH OF 326.90 FEET AND
OF WHICH THE CHORD BEARS N 47 DEGREES 19' 00" E, 313.20 FEET;
7) N 86 DEGREES 20' 00" E, 767.70 FEET;
8) S 89 DEGREES 35' 00" E, 301.50 FEET TO A POINT ON THE NORTHERLY RIGHT OF
WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD;
THENCE LEAVING SAID SOUTHERLY HIGHWAY R.O.W. LINE, S 51 DEGREES 44' 50"
W, 519.14 FEET ALONG SAID NORTHERLY RAILROAD R.O.W. LINE;
THENCE CONTINUING ALONG SAID RAILROAD R.O.W. LINE, ALONG A CURVE TO
THE RIGHT, HAVING A CENTRAL ANGLE OF 08 DEGREES 38' 47", A RADIUS OF 2815.00
FEET, AN ARC LENGTH OF 424.81 FEET AND OF WHICH THE CHORD BEARS S 56
DEGREES 04' 14" W, 424.41 FEET;
THENCE N 86 DEGREES 13' 14" W, 2501.87 FEET TO THE POINT OF BEGINNING.
Section 1.3. The Plat. The Property is subdivided into five (5) lots by virtue of the Final
Plat of Lacy Park Subdivision, Recorded as Reception No. 5,3`7 420 of the Garfield County,
Colorado records.
Section 1.4. The Development. The Property is to be developed for such uses as may
be permitted by the applicable zoning.
Section 1.5. The Name. The Development shall be known as "LACY PARK."
Section 1.6. The Purpose. The purpose of this Declaration is to protect the public health
and welfare, to enhance property values and to otherwise further the interests of the development.
Declarant intends to define the character, rights and obligations of lot ownership within the
Development, and for this purpose executes this Declaration.
ARTICLE II - Definitions
The terms set forth below shall have the following meanings when used herein unless the
context requires otherwise:
Section 2.1. Plat.
ARTICLE I, Section 3.
Section 2.2. Lot.
Park shown on the Plat.
Plat shall mean the Final Plat of Lacy Park Subdivision identified in
A Lot means and shall refer to any of the numbered lots within Lacy
Section 2.3. Owner. Owner (sometimes referred to as lot owner) means and refers to any
person or entity (including the Declarant) at any time owning a lot.
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Section 2.4. Association. Association means and refers to LACY PARK OWNERS
ASSOCIATION, a Colorado corporation, not for profit.
Section 2.5. Mortgage. Mortgage means and refers to any Mortgage, Deed of Trust or
other security instrument by which a Lot or any part thereof is encumbered.
Section 2.6. Mortgagee. Mortgagee means and refers to any person or entity named as
a mortgagee or beneficiary under any Deed of Trust or Mortgage encumbering any lot.
Section 2.7. Common Expenses. Common expenses means and refers to expenditures
made or liabilities incurred by or on behalf of the Association, together with any allocations to
reserves.
ARTICLE III - The Association
Section 3.1. The Name. The name of the Association is LACY PARK OWNERS
ASSOCIATION.
Section 3.2. Membership. Every owner shall be entitled and required to be a member
of the Association. An owner shall be entitled to one (1) membership for each lot owned. Each
such membership shall be appurtenant to and inseparable from the lot upon which it is based, and
shall be transferred automatically by the transfer, in whatsoever form, of that lot. Ownership of
a lot shall be the sole qualification for membership. No person or entity other than an owner may
be a member of the Association.
Section 3.3. Voting. Each lot shall be entitled to one (1) vote. Owners of more than one
(1) lot shall have the right to cast the aggregate number of votes that the lots which they own
represent. If any lot is owned by multiple parties, all such parties shall be members; provided,
however, that the vote to which such lot 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) lot. Cumulative voting shall not be permitted in the election of the Executive Board or for
any other purpose.
Section 3.4. Two Classes of Voting Membership. The Association shall have two
classes of voting membership. Class A members shall be all the owners of lots other than the
Declarant. The Declarant and any successor to Declarant's interests under the provisions of this
Section by virtue of express assignment of Declarant's voting rights, shall be the Class B member.
The Class B member shall be entitled to appoint and elect all members of the Executive Board of
the Association and to otherwise control the Association until such time as Declarant has transferred
eighty percent (80%) of the lots to owners other than the Class B member, whereupon the Class
B membership shall cease to exist and shall be automatically converted to a Class A membership.
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Section 3.5. Borrowing. The Association shall have the right to borrow money to
temporarily cover current operating expenses and for other purposes related to the exercise of its
powers and duties or the performance of its functions.
Section 3.6. Rules and Regulations. The Association may, but is not required, to
promulgate, supplement and amend, from time to time, reasonable rules and regulations governing
the use of the lots, which rules and regulations shall be consistent with the rights and duties
established in this Declaration and the applicable zoning.
Section 3.7. Exercise of Powers. The Association shall have the responsibilities assigned
to it by this Declaration and the Bylaws. The Association may also undertake the performance of
such functions in the nature of community services that the Executive Board deems to be in the
interest or for the benefit of the owners and occupants of the Property or calculated to protect or
enhance property values or advance the interests of the owners. The Association shall have every
right, privilege or power given, permitted or reasonably to be implied from this Declaration, the
Bylaws and as otherwise permitted by law.
Section 3.8. Assessments. The Association shall have the right to levy and make
assessments, in accordance with its By -Laws and this Declaration, for the following purposes:
(a) To promote the health, safety, and welfare of the owners, tenants and occupants of
the Property;
(b)
To preserve or enhance property values;
(c) To pay taxes and special assessments levied against any of the property of the
Association, whether real or personal;
(d) To pay all costs and charges associated with the maintenance, operation and
administration of the common water well, pump house, storage tank, water
distribution system, including all centralized individual and/or collective reverse
osmosis water treatment/filtration system components, water storage tanks, trunk
lines and related facilities, including operational and maintenance costs and capital
improvements associated with the same;
(e) To pay all costs and charges associated with periodically monitoring, inspecting and
testing the individual reverse osmosis water treatment systems required for each lot;
To pay all costs and charges associated with the maintenance and operation of the
common water retention pond required for fire flows and the fire hydrants, trunk
lines, and related facilities, including operational and maintenance costs and capital
improvements associated with the same;
(0
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(g)
To pay all water allotment fees, contract fees and other charges of the West Divide
Water Conservancy District, in respect to the Water Allotment Contract for the well
and as otherwise related to the water supply for the Property;
(h) To pay all costs of supervising, inspecting and otherwise monitoring (a) water
allocations and water usage; and (b) the maintenance and upkeep of the individual
reverse osmosis water treatment systems required to be maintained for each lot by
the owner of that lot;
(i) To perform or provide other proper functions in the nature of community services
for the benefit of the Property;
(j) To pay wages for Association employees, Association management expenses, legal
and accounting fees;
(k) To pay any deficit remaining from any previous assessment period;
(1) To create a reasonable contingency reserve, surplus and/or sinking fund;
(m) To pay any other expenses or 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, or as otherwise permitted by law.
Section 3.9. Annual Assessments. Commencing with the year following the year in
which the Declaration is recorded, an Annual Assessment shall be made against each lot shown on
the Plat. Annual assessments shall be based upon the annual budget approved by the Executive
Board for the purpose of paying common expenses, including, reserves for any costs or
expenditures reasonably determined by the Executive Board to be properly the subject of an Annual
Assessment.
Section 3.10. Special Assessments. In addition to the Annual Assessment, the Association
may levy Special Assessments from time to time as and when the need arises.
Section 3.11. Establishment of Annual Assessment Period. After the initial Annual
Assessment has been made by the Association, Annual Assessments shall thereafter be based on
a budget adopted no less frequently than annually. The period for which the Annual Assessment
is to be levied (the "Assessment Period") shall be the calendar year, until and unless a more
suitable twelve (12) month fiscal period should be determined and adopted as the Assessment Period
by the Executive Board. The Executive Board shall fix the amount of the annual Assessment
against each lot at least sixty (60) days in advance of the end of the prior assessment period.
Section 3.12. Equality of Assessment and Exceptions. Each lot shall bear an equal
proportionate share of any assessment for common expenses other than expenses associated with
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the maintenance of the separate access roads which serve less than all the Property. Lot 1 is served
by a separate access road and shall bear all costs and expenses associated therewith, without any
involvement on the part of the Association. Lots 2 and 3 are served by a separate access road, and
Lots 4 and 5 are served by yet another separate access road, all as shown on the Plat. All costs and
expenses associated with each such access road shall be borne exclusively and shared equally by
the lots served thereby. The maintenance of such access roads may be handled by the owners
served thereby without any involvement of the Association; however, should such owners fail to
properly maintain any such access road or fail to agree as to the nature or extent of the maintenance
required or as to the sharing of costs, the Association may perform such maintenance as it deems
proper and assess the costs to the lots serviced thereby, equally.
Section 3.13. Collection of Assessments. Assessments shall be due and payable after the
date the same are levied within such reasonable time period as the Association may specify. If not
paid within that time, the same shall be considered delinquent. All delinquent assessments shall
bear interest at the rate established by the Association from time to time, but in no event less than
twelve percent (12 %) per annum. The Association may further assess a late charge for each month
the delinquency continues. The Association shall have the right to bring an action at law against
the owner personally obligated to pay any delinquent assessment. In addition, 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 lot, 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 lot by ordinary mail,
mailed to the address of the lot, or to such other address the Association may have in its records
for the owner of the lot. Upon 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 as a part of 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 attorneys' fees incurred.
Section 3.14. Assessment Liens. All sums assessed to any lot by the Association shall be
secured by a lien on such lot in favor of the Association. Such lien shall be subordinate to any
valid tax and special assessment lien on the lot in favor of any governmental assessing authority,
but shall be superior to all other liens and encumbrances on such lot. No owner may exempt
himself or his lot from liability for any assessment or assessment lien by waiving any benefits or
by abandonment of his lot. A transfer (by whatever method) of any lot shall not affect the
assessment lien. The sale or transfer of a lot shall not relieve any former owner of personal
liability therefore, and the party acquiring such lot, i.e., the new owner, shall be deemed to have
personally assumed such liability.
Section 3.15. Non -User Exemption. Notwithstanding anything herein contained to the
contrary, no lot shall be subject to assessment until such time as the lot is improved with: (a) a
building or other structure; or (b) facilities which permit the use of water from the common well
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and water distribution system. Until either such event should occur, unimproved lots shall be
exempt from assessment and all common expenses shall be shared equally among the improved lots
only.
Section 3.16. Payment of Assessments. Each owner shall pay to the Association, in
accordance with its Bylaws, such assessments as may be periodically made by the Association,
without counterclaim, deduction or set off.
Section 3.17. Budgets. It shall be the duty of the Executive Board to formulate and
propose a budget of expenses, not less frequently than annually. Within thirty (30) days after
adoption of any proposed budget for the Property, the Executive Board shall mail, by ordinary first-
class mail, or otherwise deliver a summary of the budget to all the members and shall set a date for
a meeting of the members to consider ratification of the budget not less than fourteen (14) nor more
than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting
members representing a majority of all lots reject the budget, the budget is ratified, whether or not
a quorum is present. In the event that the proposed budget is rejected, the periodic budget last
ratified by the members shall be continued and deemed effective for the ensuing period until such
time as the members ratify a subsequent budget proposed by the Board.
ARTICLE IV - Common Well and Water Distribution System
Section 4.1. Well. Declarant hereby dedicates the water well existing on Lot 2, together
with the pump, pump house, storage tank and water distribution system to the Association for the
use and benefit of the owners.
Section 4.2. Allocation of Water. The annual water allotment for the well permitted
under the West Divide Conservancy District Water Allotment Contract shall be allocated among
the lots as follows:
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
1.6 acre feet, annually
1 acre foot, annually
1 acre foot, annually
1 acre foot, annually
1 acre foot, annually
No more than five thousand (5,000) square feet of lawn and landscape shall be irrigated on Lot 1
from the common water supply. No more than two hundred fifty (250) square feet of landscape
shall be irrigated on Lot 2 from the common water supply. No irrigation from the common water
supply shall be permitted on Lots 3, 4 or 5.
Section 4.3. Water Meters. The owner of each lot shall be responsible to install and
maintain a water meter approved by the Association upon connection to the common water supply.
The Association shall monitor the water usage to insure compliance with the allocation of water set
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forth above. The Association may promulgate such rules and regulations as deemed appropriate to
administer the water system and the allocation of water among the lots.
Section 4.4. Maintenance. The Association shall pay all fees and annual charges of the
West Divide Water Conservancy District in connection with the Water Allotment Contract and
maintain the well, storage tank and common water distribution system, including the trunk lines,
but not branch lines extending from the trunk lines to serve the improvements on any individual
lot. All such costs shall be assessed to the lots on an equal basis.
Section 4.5. Centralized Individual Water Treatment Systems. So long as the water
supply for this subdivision is provided by groundwater, the potable water supply will be
substandard and require treatment by a reverse osmosis process to eliminate potential radioactive
and other impurities. Therefore, upon the improvement of each lot, an individual reverse osmosis
water treatment/filtration system component capable of providing potable water for that lot, per
EPA standards, shall be provided by Declarant at a centralized location near the well. The reverse
osmosis system component for each lot shall be installed by Declarant and thereafter monitored and
maintained by the Lacy Park Owners Association. It shall be the responsibility of the Association
to provide documented inspection and maintenance of all reverse osmosis system components as
recommended by the system manufacturer and consistent with industry standards, and to keep and
maintain the same in good condition and repair at all times. Declarant shall also install, in
conjunction with each reverse osmosis system component, an individual storage tank with a
minimum storage capacity of 300 gallons, which tank shall also be monitored and maintained by
the Lacy Park Owners Association.
ARTICLE V - Use Regulations
Section 5.1. Loading and Unloading. All loading and unloading of vehicles shall be
conducted on private property. No loading or unloading of vehicles shall be conducted in a manner
to interfere with the use of any public or private access road.
Section 5.2. Parking. At the time of the erection of a new structure on any lot, off-street
parking adequate to serve the use intended shall be provided off-street and off any common access
easement. All parking requirements for a particular lot shall be satisfied by providing parking on
that lot or alternatively off -lot parking on neighboring lot(s) or other adjacent property through the
use of parking easements, reciprocal parking easements, leased parking spaces or otherwise.
Parking spaces shall be located in such a manner that their use will require no backing movements
or other maneuvering with any public street or common access right-of-way.
Section 5.3. Lighting. Artificial lighting provided in connection with any parking area
or otherwise shall be deflected so as, in the opinion of the Garfield County Building Department,
not to shine or create a glare on any public street or road. All lighting shall be designed in a
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manner so that no offensive glare shall be projected onto Interstate 70 or any other public road or
in a manner which would otherwise result in the projection of offensive glare beyond the lot itself.
Section 5.4. Resubdivision. No lot shall be further subdivided without the prior written
approval of the Association and the Declarant (so long as Declarant remains an owner of any lot).
Any such resubdivision of a lot shall further require the appropriate governmental approvals.
Section 5.5. Maintain Appearance. On-site storage of all materials, vehicles and
equipment shall be done in an orderly manner, no junk, refuge, inoperable vehicles/equipment, or
debris shall be allowed to accumulate. All noxious weeds shall be eradicated and controlled on
each lot. The only materials allowed to be stored on site are those that are to be actively used in
the day-to-day operation of any business or businesses located upon the Property.
Section 5.6. Waste Water Treatment. Waste water shall be treated on each lot by
individual sewage disposal systems, provided always, that any regional sewer system that should
become available in the future may be used. Individual sewage disposal systems shall meet all
requirements and specifications of applicable state and local regulations. No individual sewage
disposal system shall be located within one hundred (100) feet of the common well.
Section 5.7. Drainage. Drainage demands resulting from roofs, roads, parking areas,
hardscape and otherwise resulting from the improvements made to any lot shall be retained on that
lot. At the time of building permit application, the owner of each lot shall be required to provide
an engineered drainage study acceptable to the Garfield County Building Department to determine
and provide for required detention volumes.
Section 5.8 Dogs. Per the applicable subdivision approvals, no more than one (1) dog per
residential dwelling unit shall be permitted. Any such pet shall at all times be under the control
of its owner, well mannered and behaved. The Association shall have the power and authority to,
from time to time, promulgate rules and regulations concerning the keeping of dogs on the
property. By way of example, and not by way of limitation, the Association shall have the right
to absolutely prohibit the keeping of dogs in the subdivision.
ARTICLE VI - Insurance
Section 6.1. Association to Maintain Insurance. Commencing not later than the time
of the first conveyance of a lot to a person other than the Declarant, the Association shall maintain,
to the extent reasonably available, the kinds and types of insurance specified in this Article.
Section 6.2. Liability Coverage. 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 Executive Board, but in no event,
less than one million dollars per occurrence and two million dollars aggregate, insuring the
Executive Board, the Association, the management agent, if any, and their respective employees,
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agents, and all persons acting as agents. Declarant shall be included as an additional insured in
Declarant's capacity as an owner. The owners shall be included as additional insureds only for
claims and liabilities arising in connection with the operation and management of the business and
affairs of the Association. The insurance shall cover claims of one (1) or more insured parties
against other insured parties. The policy carried pursuant to this Section shall provide that:
(a) Each owner is an insured person under the policy with respect to liability arising out
of such owner's membership in the Association;
(b) The insurer waives its rights to subrogation under the policy against any owner or
member of his household;
(c) No act or omission by the owner, unless acting within the scope of such owner's
authority on behalf of the Association, will void the policy or be a condition to
recovery under the policy;
(d) If, at the time of a loss under the policy, there is other insurance in the name of an
owner covering the same risk covered by the policy, the Association's policy
provides primary insurance.
Section 6.3. Non -Availability. If the insurance described in Section 6.2 of this Article
is not reasonably available, or if any policy of such insurance is canceled or not renewed, without
a replacement policy therefore having been obtained, the Association promptly shall cause notice
of that fact to be hand delivered, or sent prepaid, U.S. mail, to all owners.
Section 6.4. Fidelity Bonds and Insurance. The Association may require all Executive
Board members, officers, employees and managers of the Association handling or responsible for
Association funds, to furnish (at the expense of the Association) adequate fidelity bonds or
insurance to protect against dishonest acts, with such coverage limits as the Association deems
appropriate.
Section 6.5. Officers and Directors. The Association shall keep and maintain Officers
and Directors errors and omissions and personal liability coverage, with limits not less than
$1,000,000 per occurrence and $2,000,000 aggregate, to protect the officers and directors from
personal liability in relation to or arising out of their duties on behalf of the Association.
Section 6.6. Worker's Compensation and Employer's Liability Insurance. The
Association shall obtain worker's compensation and employer's liability insurance and all other
similar insurance with respect to its employees in such amounts and form as may now or hereafter
be required by law.
Section 6.7. Other Insurance. The Association may also obtain insurance coverage
against any such other risks of a similar or dissimilar nature, as deemed appropriate.
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Section 6.8. Insurance Expense. The cost of all insurance which the Association is
required or permitted to maintain, shall be assessed to the lot owners as a common expense.
ARTICLE VII - Assessment Certificates and Notices
Section 7.1. Assessment Certificates. Upon request, the Association shall provide any
owner, prospective purchaser, mortgagee or prospective mortgagee, of any lot in the Community
a certificate in writing signed by an officer of the Association setting forth the amount of any
assessments, interest or late charges due in connection with any specified lot. A reasonable charge
may be made by the Association for the issuance of such certificates.
Section 7.2. Notice of Assessment Liens. The Association shall furnish to a lot owner
or his designee, or to a holder of any 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 lot. This statement shall be furnished
within fourteen (14) days after receipt of the request and is binding on the Association, the
Executive Board and every owner. Any such statement provided by the Association shall be
deemed delivered upon (a) mailing, ordinary mail, postage prepaid; or (b) sending by fax; or (c)
personal delivery. If no statement is furnished to the inquiring party within said fourteen (14) day
period, then the Association shall have no right to assert a lien upon the lot for unpaid assessments
which were due as of the date of the request.
ARTICLE VIII - General Provisions
Section 8.1. Notices to Owners. Notice to an owner of matters effecting the Property by
the Association or by another owner, shall be sufficiently given if such notice is in writing and is
delivered personally, by courier or private service delivery, or by deposit in the U.S. mail, postage
prepaid, addressed to such owner at the registered mailing address furnished by the owner to the
Association in accordance with the Bylaws. Such mailing shall be deemed adequate, whether
mailed ordinary mail, certified mail or registered mail.
Section 8.2. Covenants to Run with the Land. This Declaration shall run with the land
and be a burden on and benefit to the lots within Lacy Park Subdivision.
Section 8.3. Termination or Amendment of Declaration. This Declaration shall not be
terminated or amended except upon the written agreement of owners representing a majority of the
lots located within Lacy Park Subdivision, acknowledged in the same manner as a deed. Any such
agreement shall be recorded in the records of the Clerk and Recorder of Garfield County,
Colorado, and shall be effective only upon recordation. Notwithstanding the provisions hereof, this
Declaration shall not be terminated or amended without the prior written consent of the Garfield
County Board of County Commissioners. Further, so long as Declarant retains any ownership
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interest in any lot, this Declaration shall not be amended without prior written consent of the
Declarant.
Section 8.4. Enforcement. The 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 lot owner for the recovery of
damages or 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.
Section 8.5. Duration. This Declaration shall continue m effect until revoked or
terminated in the manner provided above.
Section 8.6. 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.
IN WITNESS EREO', is Declarat n of Covenants, Conditions and Restrictions has
been executed this 9 day of , 1998.
DECLARANT:
LACY PARK, LLC, a Colorado limited liability company
By: Johnson Construction, Inc. (Manager)
By:
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Vice-Pres.de
The foregoing instrument was acknowledged before me this 7/t day of December, 1998,
by Anna R. Johnson, as Vice -President of Johnson Construction, Inc., a Colorado corporation,
acting in its capacity as Manager of Lacy Park LLC, a Colorado limited liability company.
Witness my hand and official seal.
M _ uLssion expires:
My Commission Expires
June 17. 2000
12
tary Public
1
GOLUBA & GOLUBA P.C.
ATTORNEYS AT LAW
US BANK BUILDING
802 GRAND AVENUE, SUITE 301
P.O. BOX 931
GLENWOOD SPRINGS, CO 81602
(970) 945-9141
Fax (970) 945-9143
NICHOLAS W. GOLUBA
January 23, 2003
Mark Bean, Director
Garfield County Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Lacy Park Subdivision
Dear Mark:
RECEIVED
JAN 2 4 1003
GA FIELD COUNTY
BUILDING & PLANNING
NEIL W. GOLUBA
Enclosed is a Second Amendment to Declaration of Covenant, Conditions and Restrictions
of Lacy Park Subdivision. Also enclosed for your reference is a copy of the original Declaration
and the first Amendment.
As you will recall, this Subdivision is within the plume of contamination from the uranium
mill tailing sites west of Rifle. The developer was required to install a reverse osmosis system and
establish an Association to operate and maintain the same to EPA standards so long as the ground
water is used for domestic water supply. Subsequently, the DOE funded the extension of a City
water main to serve the properties west of town, including this Subdivision.
The Second Amendment is designed to accommodate the transition from the Well to the
municipal water supply. It requires Lots 4 and 5 to utilize the municipal water supply and
provides a mechanism for the other Lots to convert as well. The Church will probably be
converting to the municipal supply this coming summer.
The Declaration requires that the County Commissioners approve any Amendment to the
Declaration. The Second Amendment has been executed by the Declarant, the Association and
the owners of all Lots within the Subdivision. I am enclosing the original for the signature and
consent of the Board of County Commissioners and request that the same be presented to the
C:OFFICE DATA/Johnson/Lacy/Letter/1-23-03 Bean Ltx.wpd
Mark Bean, Planning Director
January 23, 2003
Page 2
Board for its consideration at the next opportunity.
Assuming approval is forthcoming, please have Mildred record and return the same to me
after processing. Enclosed is my check in the sum of $26.00 payable to the Clerk and Recorder
to cover the recording costs.
NWG/srb
Enc.
cc: David M. Johnson
C:OFFICE DATA/Johnson/Lacy/Letter/1.23-03 Bean Ltr. wpd
Very truly yours,
NICHOLAS" W. GO BA
SECOND AMENDMENT
TO
THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OF
LACY PARK SUBDIVISION
(Commercial -Garfield County)
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, the Final Plat for Lacy Park Subdivision (the "Plat") is recorded as Reception
No. 537420 of the Garfield County, Colorado, records; and
WHEREAS, Lacy Park, LLC, a Colorado limited liability company, P. 0. Box 1640,
Rifle, CO, 81650 ("Lacy Park") and the Rocky Mountain Baptist Church of Rifle, Colorado, P.
0. Box 468, Rifle, CO 81650 (the "Church") constitute the owners of all the lots within Lacy
Park Subdivision. Lacy Park owns Lots 2, 3, 4, and 5 and the Church owns Lot 1; and
WHEREAS, Lacy Park is the Declarant under the Declaration of Covenants, Conditions
and Restrictions for Lacy Park Subdivision, recorded in the records of Garfield County as
Reception No. 537422 (the "Declaration") and the Amendment thereto recorded in said records
as Reception No. 566575 (the First Amendment); and
WHEREAS, Lacy Park Owners Association (the "Association") is the property owners
association established to administer the Declaration; and
WHEREAS, the Well existing on Lot 2, together with the Well Systems hereinafter defined
have been dedicated to the Association; and
WHEREAS, ground water from the Well was the only water supply for the Subdivision
when the Subdivision was first established; and
WHEREAS, by reason of ground water contamination attributable to the former uranium
ore -processing sites near Rifle, Colorado, the United States Department of Energy participated in
funding an extension of the City of Rifle's municipal water service under the Uranium Mill
Tailings Radiation Control Act of 1978 for the benefit of the areas beyond the Rifle City limits;
and
WHEREAS, a municipal water line now extends along the frontage of the Subdivision and
municipal water taps for domestic water service from the City of Rifle are now available to every
Lot in the Subdivision; and
WHEREAS, the Declaration is subject to amendment, with the consent of the Declarant
and the Garfield County Board of County Commissioners, upon the written agreement of the
owners representing a majority of the Lots within the Subdivision; and
WHEREAS, the undersigned have determined to further amend the Declaration as
hereinafter set forth.
NOW THEREFORE, in consideration of the premises, the undersigned do hereby amend
the Declaration and First Amendment as follows:
1. Definitions. The terms set forth below shall have the following meanings when
used herein:
(a) Well. "Well" means the Well located on Lot 2 which was dedicated to the
Association and previously designated to serve the Subdivision.
(b) Well Systems. "Well Systems" means and includes the pump house and all
common facilities and equipment, water treatment and distribution systems, pumps, pipelines,
storage tanks, fire retention ponds, water lines and other common facilities associated with the
Well.
(c) Water Assessment. "Water Assessment" means and includes any
assessments made by the Association for any expense or cost to operate or maintain the Well,
the Well Systems or to cover the charges for the Water Allotment Contract for the Well with the
West Divide Water Conservancy District.
(d) Private Access and Maintenance Easements. "Private Access and
Maintenance Easements" means and includes all those private easements shown and dedicated on
the Plat for the use and benefit of Lots 1 - 5, which burden Lots 2 and 3.
2. Municipal Water Service. Lots 4 and 5 shall not be permitted to use the Well,
water from the Well or the Well Systems for any purpose. The allocations of water from the Well
for the benefit of Lots 4 and 5 (one -acre foot annually to each) are hereby cancelled. At the time
each such Lot is developed or improved, the owner of such Lot shall be required to purchase a
water tap from the City of Rifle and utilize the municipal water supply, only. The Water
Allotment Contract with the West Divide Water Conservancy District shall be amended in
accordance with the rules and regulations of the District in order to reduce the annual allotment
by the amount of water previously allocated to Lots 4 and 5. If and when any of the other Lots
connect to municipal water supply, the water allocation with respect to such Lot shall also be
cancelled and the Allotment Contract shall be further reduced accordingly.
C:\Office Data \ CLIENT\Johnson\Lacy\1-21-03 Second Amendment.wpd 2
3. Termination of Interest. All rights and interests appurtenant to Lots 4 and 5 in the
Well and associated water rights, the Water Systems and Private Access and Maintenance
Easements are hereby terminated, cancelled and released. The corresponding rights and interests
of any other Lot shall likewise be terminated, cancelled and released automatically upon that Lot's
connection to the municipal water supply, except that a private non-exclusive easement for access
and utility purposes shall remain in effect for the common use and benefit of Lots 2 and 3,
extending along and lying and being twenty (20) feet on either side of the common boundary
between those Lots.
4. Termination of Obligation. Lots 4 and 5 and any other Lot which subsequently
connects to the municipal water supply shall thereafter be exempt from any Water Assessment
made by the Association.
5. Miscellaneous. At such time as all the Lots in the Subdivision have converted to
the municipal water supply, all usage of the Well shall terminate, the owner of Lot 2 shall plug
the well, all obligations and rights of the Association with respect to the Well and the Water
Systems shall terminate and the Association shall cancel the Water Allotment Contract with the
West Divide Water Conservancy District. Nothing herein contained shall require the owners of
Lots 1, 2 and 3 to convert to the municipal water supply.
THE FOREGOING AMENDMENTS ARE APPROVED AND ADOPTED this R2 day
of JRNw++ty , 2003, by the undersigned owners, which owners collectively represent one
hundred percent (100%) of the lots within the Lacy Park Subdivision.
DECLARANT AND OWNER (Lots 2-5):
LACY PARK, LLC, a Colorado limited liability company
By Johnson Construction, Inc. ager)
�I
i
OVF
OWNER (Lot 1):
C:\Office Data\ CLIENT \Johnson\Lacy\1-21-03 Second Amendment.wpd
Pre
ROCKY MOUNTAIN BAPTIST CHURCH OF
RIFLE, COLORADO
Bv:
B
AteA„),/„.
Trustee
LACY PARK OWNERS ASSOCIATION
B
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
.1411111.
Mi
Dav
Johnson, President
The foregoing instrument was acknowledged before me this 2 day of �anuatrr ,
2003, by David M. Johnson, as President of Johnson Construction, Inc., a Colorado corporation,
acting in its capacity as Manager on behalf of Lacy Park, LLC, a Colorado limited liability
company and by David M. Johnson, as President of Lacy Park Owners Association.
Witness my hand and official seal.
My coi si ihrir@s:
y��s''''''''.--i..;';',iii �. S.: i "/ of
om.`.
R
F
j
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD )
09.Oa. 0.$
Notary Public
The foregoing instrument was acknowledged before me this c27 day of ,
2003, by ISaenld .A. Cbarda» eau and Willla»t L. 5 coilins , cting in their
respective capacities as Trustees on behalf of Rocky Mountain Baptisi Church of Rifle, Colorado.
Witness my hand and official seal.
My commission expires: 09.002.0 y. 9
C:\Office Data \CLIENT\Jolnson\Lacy\1-21-03 Second Amendment.wpd
4
Nota,Phlic
CONSENT TO AMENDMENT
The Board of County Commissioners of Garfield County, Colorado, consents to the
foregoing Amendment this day of , 2003.
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By:
Chairman
WITNESS my hand and the seal for the County of Garfield
ATTEST:
Mildred Alsdorf
County Clerk
C:\Office Data \CLIENT\Johnson\Iacy\1-21-03 Second Amendment.wpd
5