HomeMy WebLinkAbout1.0 ApplicationFINAL PLAN SUBMITTAL FOR:
LACY PARK SUBDIVISION
October 30, 1998
OWNER:
Lacy Park LLC.
2720 Railroad Avenue
Rifle, CO 81650
PREPARED BY:
High Country Engineering, Inc.
923 Cooper Avenue
Glenwood Springs, CO 81601
923 C00PER AVENUE • GLENW00D SPRINGS, COLORADO 81601
Telephone (970) 945-8676 • Fax (970) 945-2555
1
1
1
Sketch plan
Preliminary Plan
Final Plat x
SUBDIVISION APPLICATION FORM
1 SUBDIVISION NAME: Lacy Park Subdivision
1
OWNER: Lacy Park, LLC Represented by David Johnson ENGINEER/PL / ANNER SURVEYOR: High Country Engineering, Inc.
1 LOCATION: Sections 13, 14 & 24 Township 6S Range 94W
WATER SOURCE: Well on Lot 2
SEWAGE DISPOSAL METHOD: ISDS on each lot
1
IPUBLIC ACCESS VIA: I-70 frontage road
1 EXISTING ZONING: Resource Lands
1
1
1
1
1
1
1
1
1
1
EASEMENTS: Utility
Western Slope Gas Co. - see plat
Ditch
TOTAL DEVELOPMENT AREA:
(1) Residential
Single Famiy
Duplex
Multi -family
Mobile Home
(2) Commercial
(3) Industrial
(4) Public/Quasi-Public
(5) Open Space/Common Area
TOTAL:
PARKING SPACES:
Residential 0
Commercial 0
Industrial 0
Number Acres
5
17.96
Floor Area Acres
6182 sq. f t. 3.82 (Existing)
sq.ft.
TABLE OF CONTENTS
NARRATIVE
COST ESTIMATE
WATER INFORMATION
COVENANTS
BYLAWS OF LACY PARK OWNERS ASSOCIATION
ARTICLES OF ORGANIZATION
FINAL PLAN SUBMITTAL FOR:
LACY PARK SUBDIVISION
October 30, 1998
The owner of the proposed development is Lacy Park, LLC., represented by David Johnson. The
proposed subdivision is located to the south of the West Rifle I-70 interchange, in sections 13, 14
and 24, Township 6 South, Range 94 West, of the Sixth Principal Meridian. The existing zoning
of the parcel is Resource Lands. We are not proposing changing the current zoning. The parcel
is 21.777 acres, more or less, being subdivided into five commercial lots. Lot 2 contains the
existing building, well and septic field for Johnson Construction. Residential and agricultural
uses are the only uses by right per the current zoning. The existing construction yard was an
approved conditional use. This submittal is based on the uses by right. No off-street parking
spaces are being proposed with this submittal. It is anticipated that off-street parking spaces will
be provided at the time of the building permit review for the individual lots.
WATER SUPPLY
The source of the water supply will be a well located on Lot 2. According to the 4 hour well test
performed by Samuelson Pump Co, Inc., the production of the well is 15 gallons per minute. The
test results are included with this submittal. A pressurized distribution system is proposed to
supply water to the lots. A centralized location is provided on Lot 2 for the individual reverse
osmosis water treatment systems. The reverse osmosis units will be installed to treat the water
due to the radioactive particle contamination and other potential impurities. Upon the
improvement of each lot, an individual reverse osmosis water treatment unit shall be provided by
the Owner, Lacy Park LLC. The units will be designed, maintained and monitored by a certified
water treatment technician (hired by the Lacy Park Owner's Association). The water quality test
results are also included in this submittal. The Owner, Lacy Park LLC., shall also install an
individual storage tank with a minimum capacity of 300 gallons. This storage tank will be
provided at the individual lot to aid in fire protection.
The City of Rifle was unable to provide sufficient water pressure and fire flows to this site. A
fire flow test was performed at the end of the existing line in September, 1998. The results of
this test, based on 20 psi residual, the available fire flow is 830 gallons per minute at the existing
hydrant. The required fire flow is 1,500 gallons per minute.
SEWAGE DISPOSAL
All of the lots will be on individual sewage disposal systems (ISDS). Lot 2 has a county
approved ISDS. The percolation test results for Lot 2 was 22 minutes per inch. The Department
of Health will require a site application only if the sewage flow is 2,000 gallons per day average
or 3,000 gallons per day peak flow or greater. Based on the uses by right for this parcel, a site
application will not be necessary. The percolation rates varied substantially based on the
locations of the samples. Thus, all lots shall have a percolation test performed at the actual
location of the proposed septic field.
SOIL TYPES
According to the Soil Conservation Services Soils Map, the predominant soil type is Arvada
loam. The applicable portion of the SCS map and tables are included in this submittal.
IMPACTS OF THE SUBDIVISION
There are no lakes or streams present within this development. This parcel is separated from the
Colorado River by the Union Pacific Railroad right of way. Thus, impacts to major watercourses
should by negligible. A minor drainage way is present between Lots 3 & 4. Drainage best
management practices should be used to mitigate potential impacts. One of the best management
practices includes installing silt fences along the top of banks during construction activities.
Due to the gentle to moderate slopes present on the site, the impacts to the existing topography
should be reasonable.
RADIATION HAZARDS
According to the "Private Well / Spring Paper, Rifle, Colorado, Sites", prepared by the
Department of Energy (DOE) dated May 1995, the contamination flume from the New Rifle
Tailings Site does not reach the existing well located on this parcel. However, according to this
report, there are high levels of sulfates naturally occurring in this aquifer. DOE claims these high
concentrations of minerals are not due to contamination from their site. However, the water
quality results from Grand Junction Laboratories indicates gross alpha particles are present above
the Colorado Department of Health standards. We are recommending reverse osmosis on the
drinking water for all of the proposed lots. The water quality results are included in this
submittal.
ACCESS TO LOTS
The access to the lots will be off of the I-70 frontage road. CDOT access permits have been
obtained for three access points. Lot 1 has its own access. Lots 2 and 3 has a joint driveway.
Lots 4 and 5 also has a joint driveway. If there is a substantial change in traffic volumes
(compared to the access permit), a change in use will need to be done with CDOT.
SHALLOW UTILITIES
Electricity and natural gas are provided by Public Service, and are present along the northern
boundary of the subdivision. Telephone will be provided by US West. It is present
approximately one mile from the site. It is in the process of being extended for Johnson
Construction. Cable television is not in the vicinity.
1
1
1
COST ESTIMATE
i
1
1
/f/Gh'
OUNTiP
G/NEE7?/NG
4.•;
•1NtEI ,
a � t I0 '•d
CONSTRUCTION COST FOR PUB ` C I
IICE:JOB NO. 97104.01
., OCTOBER 22, 1998
ITEM
QUANTITY UNIT UNIT COST COST
Y:S .>uge'• x*Twin ori a
COMPLETION OF LINED FIRE PROTECTION POND
MOBILIZATION
1).
1-1/2" POLYETHYLENE WATER SERVICE
3HP PUMP & APPURTENANCES
6000 GALLON STORAGE TANK
ELECTRIC SERVICE TO PUMP HOUSE
20'x20' PUMP HOUSE
FIRE HYDRANT & APPURT.
6' CHAIN LINK FENCE
1 L.S. $5,000.00 $5.000.00
1 L.S. $5,000.00 55,000.00
2140 LF $18.00 538,520.00
1 L.S. 57,500.00 57,500.00
1 L.S. 57,300.00 57,300.00
1 L.S. 51,500.00 $1,500.00
1 L.S. $2,000.00 52,000.00
I EACH $2,000.00 52,000.00
463 LF 54.00 51,852.00
ELECTRIC EXTENSION TO LOTS 4 & 5 (PUBLIC SERVICE) 1 L.S. $9,538.00 59,538.00
TOTAL $80,210.00
This opinion of probable construction cost was prepared for estimating
purposes only. This estimate does not include engineering services,
construction staking, surveying, construction testing, construction
administration, or utility soft cost. High Country Engeering, Inc. cannot be held
responsible for variances from this estimate as actual costs may
vary due to bid and market fluctuations.
923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 81601
Telephone (970) 945-8676 • Fax (970) 945-2555
Oct.21 '98 2:15 SANYU FAX 9706252888
JOHNSON CONSTRUCTION INC.
Date:
2710 RAILROAD AVEENUB
RIFLE, COLORADO 81650
Office: (970) 625-2251
Facsimile: (970) 625-2888
10/21/1998 Proposal
SUBMITTED TO: Dave & Anna Johnson
2720 Railroad Ave
Rifle, CO 81650
P. 2
JOB NAME & ADRESS: Lacy Park LLC
22126 Hwy 6
Rifle, CO 81650
1.- Finish Fire protection pond -furnish & place betonite lining. and
sub drain installation along with dry hydrant.
L.S. $ 5,000.00
2.- Extend power line to Lots 4 & 5 per Public Service Estimate.
$ 9,538.00
3.- Construct Pump House.
L.S. $ 2,000.00
r`-.
' Oct.21 '98 2:16 SANYU FAX 9706252888 P. 3
1 0 Public Service Public SendaiCainp•ny of Colorado
October 13, 1998
' Dave Johnson.
2720 Railroad Avenue
Rifle, Colorado 81650
1 RE: Electric Extension Request 41 -ER -201
Extend primary distribution to serve 2 lots in industrial park at West Rifle Exit, Rifle,
' Colorado
Dear Dave,
1 The electric engineering design for the above referenced request is now complete. I am
enclosing a copy of our proposal for your approval.
' The costto install the electric facilities as shown is $9,538.00. This cost must he paid in
advance of installation. This cost does not include the charges for the electric service
laterals. They will be billed to you separately. The construction payment may be
refundable in part or in its entirety during a ten (10) year period in accordance with the
terms and conditions of the enclosed agreement. All rates, rules and regulations on file
with the Colorado Public Utilities Commission which may pertain to this extension will
Iapply.
Enclosed, you will find a list of standard contingencies that are required in order for
Public Service Company to install these distribution facilities.
' This estimate is valid until December 13, 1998. If this proposal is acceptable, please sign
and return the enclosed "Electric Distribution Facilities Agreement" along with your
1 payment in the amount of $9,538.00.
If you have any questions, please do not hesitate to contact mc. 1 can be reached at 625-
6019. 1 will be happy to discuss them with you.
1 %neer
tP: 1 Jia oletti, Planner
( arf d County Operations Center
Rifle, Colorado
enc.
WATER INFORMATION
October 30, 1998
Garfield County Building & Planning Department
Mark Bean
109 8th Street
Glenwood Springs, CO 81601
RE: Water Service - Lacy Park Subdivision
HCE #97104.01
Dear Mark:
The purpose of this letter is to formally notify Garfield County of the reason for not extending the
City of Rifle's water system to Lacy Park Subdivision.
The City of Rifle performed a fire flow test on the existing fire hydrant on Highway 6. See the
enclosed letter from the Rifle Fire Protection District dated October 5, 1998. At this fire hydrant,
the static pressure was 134 pounds per square inch (psi). The residual pressure was 28 psi at a
flow of 798 gallons per minute (gpm). We calculated the flow rate at 20 psi residual pressure to
be 830 gpm. The required fire flow is 1,500 gpm at 20 psi residual. Thus, the existing water
system will not deliver adequate fire flows to the site at almost 1/2 a mile from the fire hydrant.
Our recommendation is to use the existing well on Lot 2 for potable water. The fire protection
for Lacy Park Subdivision will be provided by the proposed fire protection pond.
If you have any questions or comments, please give me a call, (970) 945-8676.
Sincerely,
HIGH COUNTRY ENGINEE
Leslie A. Hope, P.E.
Project Manager
32981
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: (970) 945-8676 • FAX: (970) 945-2555
tR7T771(l nrT i 1998
RIFLE FIRE PROTECTION DISTRICT ____________
October 27, 1998
High Country Engineering, Inc.
923 Cooper Avenue
Glenwood Springs, Colorado 81601
Attention: Leslie
Reference: Lacy Park
Leslie,
I have recently received the drawings of the proposed
master utility plan of the Lacy Park Subdivision. On
review of this plan you have proposed a dry hydrant within
a 27,280 cubic foot water reservoir. This reservoir would
make the available water supply be in excess of 200,000
gallons which is adequate for fire protection.
Thank you for your cooperation and feel free to
contact me if you have any additional questions.
Sincerely,
a
Mike Morgan
District Chief
Telephone (970) 625-1243 • Fax (970) 625-2963
1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650
Mar -31-98 06:56A
SAMUELSON PUMP CO. INC_
P.O. BOX 297 WATER SYSTEMS
GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION
COLORADO 81602 945-6309
� v� FvM/` go vs /�L.A /J
�U
1.171/-e.77\) CO xi S T
�UUO GAL, -11DY?4GE
qlt01-1, 01
P.01
7-Ar,//c. k `>< / 6 FIl(/eGcAs_s
'G A,JEL ALL SIMIN• /1--(j"
47771.17 RUrEr
/ )c q45-. z555
r -Z 0-98 12 :48P
1
11USTOMER INFORMATION
NAME 30H10 -5(1,N)
IDDRESS :7 20
SAMUELSON PUMP CO. INC.
P.O. ROX 297
GLENWOOD) SPRINGS
COLORADO 81602
WATER SYSTEMS
SALES, SERVICE & INSTALLATION
945 6309
Cn104,01
P.01
DATE
Ci►.1 ; ;
rI PIAL
v, g1650
/4/6 N Cur U!
PHONE NO. C.C.72.5 — 2.=-51
IYSTEM SPECIFICATIONS
111 ASING SIZE
ASING MATERIAL
WATER LEVEL
IUMP SETTING
ELL DEPTH
Submersible Pump
System Check List
ITEM
L/ hokx, 145
PUMP MODEL
ST. PRODUCTION
PUMP
I 3 Nt, Lc,t3, &JuifL'�
1
GPM
3g
PSI
GO PSI
IOOSTER PUMP / STORAGE SYSTEM
ITEM
FI rIve d,LAs5
ITORAGE TANK 6000 (AL
OOSTER PUMP 314 LC4
LH BW t (' VP 1.4.1iD4 014-1.6141
QTY
UNIT
PRICE
TOTAL
PRICE
�BW /1 6,301.11J
LECTRODE HOLDERS I.-7/OO
PUMP SENTRY
ELECTRODES
x 4'
'2760
IRE ADAPTERS
AGSTARTER 6Pw/N0A
FOOT OR CHECK VALVE RAJ VAN
ATE VALVES
ISC. FITTINGS
MISC. ELECTRIC
LARM LOW LEVEL
i_
34 3or, r- . -1- 1
z
z
I
TOTAL MATER ALS
TAX
30.E
130
/0,4/3--
4/b,5a.
LABOR (4Qy----
TOTAL PRICE ///40-6.7-..
/3/4 /�oE ,/C /NC/_vti & CAVAT/O/u/
' Iet/h7F Not/S" c 1 Ot //l/
/91x1/1 HOci
1
1
SUBSURANCE
SUBTROL
MAG STARTER
SPLICE BOx W/ACCES
DROP PIPE
DROP CABLE
SPLICE KIT
QTY.
TORQUE ARRESTOR
CHECK VALVE
WELL SEAL
PITLESS
MISC. FITTINGS
UNIT
PRICE
TOTAL
PRICE
SUBTOTAL MATERIALS
TAX
LABOR
SUBTOTAL PUMP
TANK / WATER LINE
WA' : ATC:
WELL-x-TROL c,(/r•;;S 5K3/4
TANK CROSS / %4 U /1O U
PRESSURE SWITCH 40
TANK DRAIN O/.(
PRESSURE GAUGE / (jam
"ice
RELIEF VALVE
WATER LINE
UF CABLE
MISC. FITTINGS
MISC. ELECTRIC
SUBTOTAL TANK MATERIALS
TAX
LABOR
SUBTOTAL TANK
TOTAL MATERIALS
TAX
LABOR
TOTAL BID
l 3fQ�.z u
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Mar -20-98 12:48P
P.02
Tough, long-lasting We1lMateT" residential
tanks are the value-added choice for
you and your customers
Value.
It's why WellMate water system
pressure tanks are the superior
choice over steel tanks for
homeowners. And it's why
WellMate offers a better profit
opportunity for you.
You see, no steel tank
offers the unique features that
WellMate does. Features like
composite construction and
NSF certification. Features that
translate into real benefits for
your customers, that set you
apart from the competition,
and give you the edge in
closing sales.
WellMate gives you
more to sell.
Here are the features and benefits
that will make the difference to
your customers;
• Corrosion -proof composite
construction - From the high
density polyethylene inner liner, to
the fiberglass -wound and epoxy resin -
sealed outer shell, WeliMate tanks
contain no steel. So they can't rust.
• Little or no maintenance -
Unlike steel, WeNNMate tanks won't
dent and have no paint to scratch
and touch up.
• Longer life, greater flexibility -
Our unique air cell offers longer life
than the bladders or diaphragms in
steel tanks. And WeilMate tanks can
be Installed with a wider range of
pressure settings, so you can select
the system pressure you want.
What's more, the bottom inlet/outlet
assembly is pre installed and comes
^4•. .. .•o... r^+tnections to save time
and money!
• ANSI/NSF certification -
WellMate tanks are the first tanks to
have it. The complete tank assembly
meets ANSI/NSF Standard 61
for water system components.
So you can assure your
customers that
WellMate tanks
are verified not to
introduce undesirable
chemicals or elements
into their water.
• The best warranty
in the business - WellMate's
factorybacked five year warranty gives
customers the confidence and peace of
mind that can turn them Into buyers.
•
WellMate offers you a
better profit opportunity.
Because WellMate tanks are only AK
sold through our network of certi•
fied dealers, you are assured of
selective distribution in your arca.
Easier installation.
WeliMate tanks are up to half the
weight of steel tanks. So they are
easier and faster to install. in fact,
most can be handled by a single
installer, keeping your pre -installa-
tion cost lower.
High quality.
We use the best materials and
innovative manufacturing processes
to produce a higher -value,
L:,Utile
1
1
Mar -20-98 12:49P
We tle
Ma
WATER SYSTEMS
1
1
1
1
1
1
1
1
world-class product. A product that
is worth more, that you can sell
for more.
Exceptional dealer support.
WellMate dealers enjoy the benefits
of complete sales training programs,
seminars and technical support.
We help you sell more WellMate
tanks, more pmfitahly. Plus, we
offer consumer literature, training
videos and ad slicks, in addition to
dealer incentive programs.
It adds up fast.
Total up the WellMate benefits
you can offer your customers,
with the profit opportunity
available as a WellMate dealer.
And you'll see why WellMate
should be your choice.
Call us and find out how
you can begin a value-added
partnership with WellMate.
1
Here are features that set us apart:
WellMate tanks are designed to
be the toughest, longest -lasting
Anna meat you can buy. Computer.
aided design means that WellMate
tanks are engineered to exacting
standards. Only high-grade raw
materials are used, while
proprietary manufacturing
techniques give the look - and
performance - that is unique
to WellMate. Extensive testing and
rigorous quality control ensure
that each WeUMate tank delivers
the long -life durability promised
by our best-ln-the-business warranty.
P.03
Durable interior sir cell is
fully replaceable and con-
structed of heavy -gauge
polyetherurtthanc (PEU).
One piece, seamless inner
shell moiled of premium,
high-density polyethylene.
Outer shell Is a composite
of continuous fiberglass
strands sealed with high-
grade epoxy resin.
Seamless, full-size, blow -molded
air all is custom fitted for each
tank size.
Sturdy, molded polymeric
base is corrosion and
impact proof.
Bottom Inlet/outlet
assembly is custom molded
of high -impact PVC.
All WellMate materials are
NSF and/or FDA Ilged,
Jima
Ma•^ -20-98 12:49P
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Specifications
Table 01 - Residential Performance Data
Model
Number
Capacey
gal / mer
Maxims!! OoeretYo
Premium p& /kPa / gar
Height'
Inch / cm
OS:sneter'
Inch / cm
System
Connection
Assembh We1ph1.
Ib / kp
WM-4
14.6/55.1
100/890/8,9
26.1/=/87
16/41
l'maleNPT
14.1/6.8
WM•6
14.8/75.2
100/390/6.9
32.1/4/62
14141
1' male NPT
17/7.7
WM-8UQ
19.3 / 75.2
100/640/6.9
31./4 / 61
16 / 41
1' hose barb
17/ 7.7
WM-9
211/112.1
100/890/6.9
44/112
13/41
1'mei.NPT
26/11,4
WM-9UG
21.5 / 112.1
100/4123/ 3.9
43.1/3 / 110
11 / 41
1' hose barb .
27 / 11.0
WM.12
40.3 / 153.1
100/090/6.9
17 / 145
141 / 41
/' mate NPT
92 / 14.5
WM-1210
40.3 / 163.1
100/690/11.9
66-1/4 / 143
14 / 41
1' frons barb
32 / 14.6
WM-14W3
47,1 / 179.0
121 / 860 / 8.3
41 / 104
21-1/2 / 55
1-1N` male NPT
41.6 / 16.4
WM-20W8
40,0 / 228.0
125 / 960/ 8,8
41-1/2 / 105
24 / 61
1-1/4' male NPT
46 / 21.8 J
WM-25W6
66.7 / 329.5
126 / 860 / 8.6
56-1/; / 141
24-1/4 / 62
1.114' ma* NPT
61.5 / 31.1
WM-36W8
116.7 / 464.9
124/860/8.3
14-1/4 / 189
24-1/2 / 62
1.1/4' me* NPT
K / 43.1
Notes: All tanks may bs used Up to 100V (37.330) maximum internal water Imosrature and 120'F (48.tYC) sxumat tanlperaturs.
UG • underground. WI • wloaboQy,
'Wa4ghl, hs ghi and dimmer may vary aUghtly without notice.
Tank Sizing Information
Thee are three tactors tie 0004kNr wMn ssiectIng the proper ails
WeOMate for your water system:
• The pump delivery rale in gallons per minute (GPM).
• The necommendad minimum running dm oft the pump,
• The minimum (cut4n) and maximum (cut-out) system pressure
parameters.
Once these factors ars known, Me following tabulation will determine.
In most cases, IM correct modal 10 meet your specifications,'
CALCULATING ORAWDOWN
1) Pump delivery rate
2) Desired minimum pump
running tlnN In minute.
(1 minute. 45 Nom* . 1,75 minutes).
3) Multiply Uns 41 by UM 42. This
k IM minimum drawdown or
'mailable water volume rNulred.'
CALCULATING TANK SIZE
4) Minimum system pressure (cul-ln)
5) Maximum system pressure (cot -out)
Table #2 - Drawdown Factors
GPM
Mlnnutes
Gator*
6) Using table 42. end the drawdown
factor applIcable to tines 04 and 45.
7) Divide INN 03 b)/ line 06 a
dnertmina MN MMimwn tot
WaIMato volurne rewind.
8) Refer to the design data In tab* 01
and Wool One sltMa* model
w1Mt ole lowest lot capacity that
.a car
than or equal to In. 47.
Factor
Oa$ons
Model
EXAMPLE: An application using an 6 OPM pump with a minimum run
time of 1 minukt and a 30-50 PSKG system pressure rang;
6 GPM x !minute 26.7 gallon minimum
.30 (factor) tank capacity
Referring *0 table 41, the model WM-9 hes the lowest total cepeclry
that a gnsetlef then or equal to the minO num volume ruquMemsnt of
28.7 gallons.
•n 4 volume of water needed Is grsalar than the amount
calculated on One 63. order that &mourn on Ins 03 In puce
of Me calculated vduma.
MAXIMUM
SYSTEM
PRESSURE
641NIMU64 SYSTEM PRESSURE (CUT -N) - P8103 (kPa)
(CUT -Our)
20
25
30
35
40
46
50
55
00
ea
70
75
60
85
90
95
100
105
110
PsiG (spa)
(136)
(173)
(207)
(242)
(276)
(311)
(346)
(380)
(414)
(449)
(483)
(518)
(662)
(697)
(821)
(656)
(690)
(725)
(734)
L4 2
.2
.19
.17
45 311
.39
.32
.24
.16
50 345
.44
.37
.30
22
.15
55 360
60 414
47
:6473
.60
41
:i1-11
.44
.34
.36
36
.32
.21
.26
.14
19
.13
65 449
.63
.46
.42
.30
.90
.24
.16
.12
70 443
.56
.50
.46 ,
.40
.34
.29
.23
.17
.11
75 518
.53
,46
.43
.36
.32
.27
.22
.16
.11
80 552
.60
.46
.41
.36
.31
.26
.21
16
.10
65 5e
.46
.43
.39
.34
29
.24
.20
.15
.10
9900 32211
.46
.42
.37
.32
.26
.23
.19
.14
.06
100 (6
)
.42
.36
.34
.90
.26
.21
.17
.13
.00
105 5
.41
.37
.33
.29
.25
.20
.16
.06
110 59
10
36
.31
.27
.24
.20
.13
.16
.12
.01
116
...*
.54
.90
.24
23
.14
.15
.11
.06
120 828
125 863
.96
.33
.38
.29
.32
.26
.28
.22.18
.25
21
.16
.16
.11
.14
.07
.11
In keeping with cunont Industry standards. drawdorm actors are based on Boyis'a taw. Actual drawdowns will vary dopers:Ong upon the accuracy and
operation of the preawra switch and gauge, aaua4 precharge prwieurs, and operating temperature of the system.
We l
Ma
WATER SYSTEMS
Division of Structural North America
220 Park Drive • Chardon, Off 44024
0 lase wow. Pert t5►/ kss mt•uo1
P_ 04
IMar -20-98 12:49P
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
P.05
Dimensions and Weights, Dimensiooes y peso
TEfC CONDUIT 601(
CAA DE DERIVACiON TEFL
SUCTION,
SUCCION
I i
6.75
4,12 4.09
r1
DISCHARGE,
DESCARGA
e.ea
1,31
SINGLE PHASE
CAPACITOR (LOCATION
VARIES),
CAPACITOR
MONOFASICO (LA
UeICAC/ON VARA)
��.... O -
....._� _ .-
0
1.25
1
4 - SLOTS LENGTHWISE
.34 X .72 ON CENTER,
4 RANURAS
LONG/MORALES
.24 X .72 EN EL CENTRO
J
- 14 NPSM
CONDUIT
CONNECTION
OOP MOTORS,
CONEXION OE
CONDUCTOS
'•f-14NPSM
MOTORES ODP
NOTES:
1. Pumps wit( tie Shipped with
top vertical discharge as
standard. tor other orientations,
remove casing screws, rotate to
desired position, and lighten
8mm bolls to 10 lb. -11.
2. Dimensions in inches. weight
in pounds.
3 Not to be used for construction
purposes unless certified.
4 Motor dimensions may vary
with motor manutacturerS.
NOTAS
1. Las bombas se enlregan con
la desCarpa vertical superior
estandar: para una orienlacidn
ailerente. retire los tornillos de
la carcass, Aire haste la posicidn
deseada y ajuste los butanes de
8 mm a 101ibres/Die.
2. Dimensiones en pulgadas.
peso en fibres.
3. No utilizer para tines de
construccidn a mens que
eslen certiticadas.
4. Las dirnensianes del motor pueden
varier de ecuerdo al labricante.
L GOULDSWATEll `PUMPSAIINC.
SE ECA PALS NOW "CAC flus
4
Cl 997 Goulds Pumps. Inc.
13LC
Suction
Pump, (NPT).
eomba Succldn
(NPT1
Discharge
INPT).
Denary
(NPT)
HP
Single Phis., Monelisko
Torn Phase, Trllisko
ODP ! TER
ODP
TEPC
C
ABPeso
kw
Aa
wt.,
Pus
C
wt.,
Pao
C
Ae
Mn.,
Peso
LCAa 1 /
LC8_.
LCC 1'2;
1
2
14.50
4.62
45
13.12
4.97
54
13.62
48
12.88
5.38
S2
3
14.25
4.62
52
16.12
4.97
61
1425
50
15.88
5.38
59
5 15.88
550
60
-
-
-
15.88
57
-
-
-
NOTES:
1. Pumps wit( tie Shipped with
top vertical discharge as
standard. tor other orientations,
remove casing screws, rotate to
desired position, and lighten
8mm bolls to 10 lb. -11.
2. Dimensions in inches. weight
in pounds.
3 Not to be used for construction
purposes unless certified.
4 Motor dimensions may vary
with motor manutacturerS.
NOTAS
1. Las bombas se enlregan con
la desCarpa vertical superior
estandar: para una orienlacidn
ailerente. retire los tornillos de
la carcass, Aire haste la posicidn
deseada y ajuste los butanes de
8 mm a 101ibres/Die.
2. Dimensiones en pulgadas.
peso en fibres.
3. No utilizer para tines de
construccidn a mens que
eslen certiticadas.
4. Las dirnensianes del motor pueden
varier de ecuerdo al labricante.
L GOULDSWATEll `PUMPSAIINC.
SE ECA PALS NOW "CAC flus
4
Cl 997 Goulds Pumps. Inc.
13LC
IMar -20-98 12:49P
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
P.06
Performance Curves, Curves de rendlndente
METERS, FEET,
METROS PIES
70
▪ 80
e
50
8
g
zi
40
30
20
10
0
200
- 150
- 100
- 50
0 A. (ALL MOOELS)
.111106.
11111111111111ilibft-
1111
1
AP.
Ain
506111111111 simolooe=l1:460-=.......--...=-_•NEWININIE anz.--"`UmINSIINNIImli
vi 4P, 40 IMIIImimli MissilIPPI-ZiriallINIMIINIMIllillIM ...41111M1 .1111.6.11.--mallIP
MIMI ---.=1;.-1-1111•111101011111.11.UPAIMMIIMIIIIIIMIONINIIMINIENNEIMMIIINOW-
t 30 um
UJ Lij
•NI"dINAMIMrMIin
20 1I.mWo'r_0I.1gmMXwiIlI%.rNMI:1S_1.-1.-1.1Ia11.1EinmuNmrUsMIMIIi1M1n11•ImI1IIu1N11" NNmraIUi Pl•MNP•irINimloIl PnnraaarMMH=MmiINOIOMoM
!M10I:M-...P.IaPIn.i2-i•piMiiMi-llmj-,
Mmm
oImIIm.M--od_-IoIiMlrlM--IN-AIIMImIIM1IN.IIN
er,N
10.:mNMOnONiMMUM1.MMMII1
0 AMINOMIMUIMMOMMMMINMMIMMIBIEMNMMIUIMOMNMMIIIIIMMNIMMIMIMIOOMMINMMIIIIIIMIII
90 US GPM
10
20
0
5
Components, Componentes
7
30
40
50
60
10
CAPACITY, CAPACIDAD
15
70
80
20 m3/ hr
25
20
15
10
5
0
Nom No.,
him .
Descrionop, Ducripeldn
No
1
Casing, Cot=
2 Impel lei, opus°,
3
4
5
6
7
8
9
°Moser, Dilusor
Spacer, Espaciatior
Motorlol. Wrist
304 SS. VIM Ino* 304
304 SS. Accra inox. 304
304 SS, Aceto inat. 304
Suction cover, Cubierta de Akan
Mechanical mi. Sena mecana
0-(140. Ani en 0
Shah. Eie
Motor dam, Adaptador del max
304 SS Aaro inat 304
304 SS, AckiTnax 304
Caton/Ceramic, Cartiono/Cylmica
Won, InIOn
304 SS. Acero Ina 304
Cast Iron, Hieffofoff000
GOULDS PUMPS. INC.
WATER TICHNOLOGIES NORM AkieRICA
seNECA MI5 NEW KM 13110
..1•0=•=1L.
3
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Mar -20-98 12:50P
P _ 07
General Pump Description,
Oescrlpclan general de la bombe
Applications, Aplicaclones
Capacities to: 95 GPM (21.5 m'fir)
Heads to: 205 feet (62 meters)
Pipe Connections:
LCA 1 x t% NPT
LCB 1 1'/i NPT
LCC i x 1'/:NPT
Working pressure to:
125 PSI (8 bar)
Maximum temperature lo:
220° F (104° C)
Rotation: Right hand/clockwise as
viewed from driver's end
Motors:
• 2 HP single phase 230/115 V,
60 Hz, 00P
• 3 HP and 5 HP single phase 230 V,
60 Hz, ODP
• 2 HP and 3 HP single phase
208-230 V, 50/60 Hz, TEFC
• 2 HP, 3 HP and 5 HP three ptiaSe
208-230/460 V,
50/60 Hz, OOP (5 HP is 60 Hz only)
• 2HP, 3HP 208-230/460 V.
50/60 Hz. TEFC
• All motors are 56Y or 48Y frame
square flange.
NOTE: For three phase motors and
5 HP single phase. overload protection
must be provided in starter unit.
Starter and heaters must be ordered
separately
Capacldad:
hada 95 GPM (21.5 m'/71)
Carpe: haste 205 pies (62 metras)
Conexlonet 00 10169:
LCA 1 1'/a NPT
L C8 1 x 1 % NPT
LCC 1x1/1NPT
PresiOn de operacldn:
haste 125 libras/puigada' (8 barias)
Temperature maxima:
220° F(104° C)
Rotarian: hada !a derecha/en
seniido de las agujas del reloj,
Oslo desde el extremo del moron
*tore.:
• 2HP, monolasico, 230/115V, 60Hz
OOP (ab'erto a prueba de goleo)
• 3HP y5HP, mor:!^^'^^
60Hz ODP
• 2HP y 3 HP, monolesico, 208-
230V, 50/60Hz TEFC (Iofatmeal&
encerrado con enfriamienlo lorzado)
• 2HP, 3HP y 5HP, Iril$sico, 208-
230/460V, 50r80Hz OOP (el modelo
de 5 HP es de 60 Hz unicamerate)
• 2HP. 3HP, 209-230/460V,
50/60 Hz. TEFC
• Todos los molores son de baslidor
56V o 48Y con bride cuadrada,
NOTA: para las motores frilasicos y
el monolasico de 5 HP se debe
suminislrar proteccidn de sobrecarga
en la unidad de arranque. El
arrancador y los caleracrores se deben
solicilar par separado.
Product Features, Caracferisticas de la bombe
• Close coupled, space saving design
provides easy installation.
• Fabricated 304 stainless steel, end
suction top discharge. case drain
provided as standard
• Impeller is an enclosed design for
higher efficiencies, positively locked
on shaft wilt) a key and an impeller nut.
• Mechanical seal has carbon/cerarnic
faces. 316 series stainless steel
metal components and Viton
elastomer. Optional faces and
elastomers available.
• Acoplamiento cercano con distil°
que ahorra espacio, hacilila la
instalacidn.
• Acero inoxio0ble nus rdur r.uv.
suction en el extremo y descarga
superior, pia de drenaie estand8r.
• lmpulsor de disetfo encerrado pare
una mayor elicrerrcia. trabado
posilivamente sabre e/ eje con
chavela y tterca de lmpulsor.
• Sellos mec3nicos con superficies
de se/lado de carbonate r rnica.
componenles de metal de acer0
inoxidable 316 y elaslernetos de
Vildn. Tambien se encuenfran
disponibles superficies de sellado
y elastdrneros opcionales.
Specifically designed for the following
uses:
• Water circulation
• Booster services
• Liquid transfer
• Spraying systems
• General purpose pumping
• Jockey pump service
Especificamente diseilada para las
siguientes aplicaciones:
• Circulaci6n de ague
• Servicios reforzadores
• Transferencia de llquidos
• Sistemas de aspersidn
• Bombeo en general
• Servicio de compensation
de presidn
LC Numbering System,
Slstema de numeration de la linea LC
The various versions of the LC are
identified by a product code number
• � u pump label. This number is
also the catalog order number tor the
pump. The meaning of each digit in
the product code number is shown
below.
Las dilerentes versions de la linea
LC se idenlilican con un ndmero de
cddigo de producto en el rilulo de
la bombs. Este ndmero es lambkin
el nt3mero de catalogo de la bombs.
A conlinuacidn se exotica el
significado de cada d(glto.
Exanfp e Product Code. Ejemplo de cddlgo de producto
LCA1G3D0
Mechanical Seal Options,
Opclones de se1/o mecanlco
tar
C.M.Pw
MPGbMdo•rh
thin*
Ikarr
�•�•',
t
d•rr""",
llNdrnrkv
MMM
,
Fry
seduces
PM
M.,
Alm
w.
sitmer.
o
p
C,
s;iicm c10,011..
1ars�
I
Gro +akki
CM /MOON
VW
10147
S icv C1rd
�-
2
Csetwo!� JdRbM
Jr6 5S.
GAM,Sa
C•10 d
e
deNikiw
'"*we
fah
316 N.
rOR19
Salton Cuba.
creno ar sn
10K9p_
5
CiOon
C,0000
Gm*,
Gana
1001
Impeller Option, Opcldn de Impulsor
D • Standard impeller, 0 • Impulsor estlndar
Motor, Phase/Frame, Motor/Fese/Iaet/dor
1 - 1 PH, ODP 4 -1 PH, TEFC
2 • 3 PH. OOP 5 ■ 3 PH, TEFC
Motor NP Rating, Caballaje dol motor
G • 2 HP, LCA H = 3 HP, LCB J • 5 HP, LCC
Motor, Hz/Pole/RPM, Hz/Polo/RPM
1 = 60 Hz, 2 Pole, 3450 RPM
Pump Size, Tamano de la bombs
Axix1Y, B•txt%a C=1x14
Model LC, Modelo LC
GOULDS PUMPS. INC.
WATER TECHNOLOGIES NORTH AMERICA
SCNeCA wu5 hFw "c ,awe
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
COVENANTS
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
LACY PARK SUBDIVISION
TABLE OF CONTENTS
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
LACY PARK SUBDIVISION
ARTICLE I -
Section
Section
Section
Section
Section
Section
ARTICLE II -
Section
Section
Section
Section
Section
Section
Section
ARTICLE III
Recitals
1.1. The
1.2. The
1.3. The
1.4. The
1.5. The
1.6. The
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 3
2.4. Association 3
2.5. Mortgage 3
2.6. Mortgagee 3
2.7. Common Expenses 3
- The Association
Section 3.1. The Name
Section 3.2. Membership
Section 3.3. Voting
Section 3.4. Two Classes of Voting Membership
Section 3.5. Borrowing
Section 3.6. Rules and Regulations
Section 3.7. Exercise of Powers
Section 3.8. Assessments
Section 3.9.
Section 3.10. Special Assessments
Section 3.11. Establishment of Annual Assessment Period
Section 3.12. Equality of Assessment and Exceptions
Annual Assessments
3
3
3
3
3
4
4
4
4
5
5
5
5
i
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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 W - 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 - Use Regulations 8
Section 5.1. Loading and Unloading 8
Section 5.2. Parking 8
Section 5.3. Lighting 8
Section 5.4. Resubdivision 9
Section 5.5. Maintain Appearance 9
Section 5.6. Waste Water Treatment 9
Section 5.7. Drainage 9
Section 5.8 Dogs 9
ARTICLE VI - Insurance
Section 6.1. Association to Maintain Insurance
Section 6.2. Liability Coverage
Section 6.3. Non -Availability
Section 6.4.
Section 6.5.
Section 6.6.
Section 6.7.
Section 6.8.
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
Section 8.1. Notices to Owners
Section 8.2. Covenants to Run with the Land
Section 8.3.
Section 8.4.
Section 8.5.
Section 8.6.
Termination or Amendment of Declaration
Enforcement
Duration
Severability
ii
11
11
11
11
12
12
12
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;
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. 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. Plat shall mean the Final Plat of Lacy Park Subdivision identified in
ARTICLE I, Section 3.
Section 2.2. Lot. A Lot means and shall refer to any of the numbered lots within Lacy
Park shown on the Plat.
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.
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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.
3
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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;
(0 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;
4
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
(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
5
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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
6
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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.j. 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:
Lot1
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
7
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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
8
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,
9
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.
10
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
11
1
1
1
1
1
1
1
1
1
1
1
1
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 in 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 WHEREOF, this Declaration of Covenants, Conditions and Restrictions has
been executed this day of 1998.
1 STATE OF COLORADO )
) ss.
1 COUNTY OF GARFIELD )
1
1
1
1
1
DECLARANT:
LACY PARK, LLC, a limited liability company
By: Johnson Construction, Inc. (Manager)
By:
President
The foregoing instrument was acknowledged before me this day of
, 1998, by DAVID M. JOHNSON, as President of Johnson
Construction, Inc., the Manager of LACY PARK, LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires:
12
Notary Public
BYLAWS OF
LACY PARK OWNERS ASSOCIATION
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
I
TABLE OF CONTENTS
BYLAWS OF LACY PARK OWNERS ASSOCIATION
ARTICLE I - OFFICES
1
ARTICLE II - OBJECT 1
Section 1. Purpose 1
Section 2. Application 1
Section 3. Nonprofit Corporation 1
ARTICLE III
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
ARTICLE IV
Section
Section
Section
Section 4.
Section 5.
- MEMBERSHIP, VOTING, QUORUM, PROXIES 1
1. The Name 1
2. Membership 1
3. Vo__ti_ng 2
4. Two Classes of Voting Membership 2
5. Resolution of Voting Disputes 2
6. Cumulative Voting 2
7. Majority Vote 2
8. Quorum 2
9. Adjournment of Members' Meetings 3
10. Vote Required at Members' Meetings 3
11. Proxies 3
12. Required Proxies 3
- MEMBERSHIP MEETINGS 3
1. Association Responsibilities 3
2. Annual Meetings 3
3. Special Meeting 4
Notice of Meetings 4
Order of Business 4
ARTICLE V - EXECUTIVE BOARD 4
Section 1. Number and Qualifications 4
Section 2. Powers and Duties 4
Section 3. Management Agent 6
Section 4. Election and Term of Office 6
Section 5. Vacancies 6
Section 6. Removal of Members of the Executive Board 6
Section 7. Regular Meetings 6
Section 8. Special Meetings 7
Section 9. Waiver of Notice 7
i
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Section 10. Qum=
Section 11. Impunity7
Section 12. Pows Reertri to 7
7
ARTICLE VI - OPEN MEETINGS AND EXECUTIVE SESSIONS
Section 1. QM
ppn eeting 7
Section 2. sed 4essio s 7
Clo
Section 3. Topics ijmir 7
Section 4. Anniunonimasaliaci 8
Section 5. Qtjacalitnitatiima 8
Section 6. Min S 8
8
ARTICLE VII -
Section 1
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
OFFICERS
• Designation 8
Election of Offi prc 8
Bemoval of OM rs 8
9
Vicr sid nt 9
e-P
Secre ary 9
Tam= 9
9
ARTICLE VIII - INDEMNIFICATION OF BOARD MEMBERS AND OFFICERS 9
ARTICLE IX - BUDGETS
Section 1. 10
Section 2.10
10
ARTICLE X - ASSESSMENTS
Section 1. Asses. men*t
Section 2. &ma_Autism=
Section 3. Special Asses mems
Section 4. Establishment of Anneal ssessment
ysliw
Section 5. EQUall[V Of ASceCcmPnr �,,.i
Section 6. Ss21.1ection of A s s m n s
Section 7. Assessmentne is
Section 8. NOn-i Tser Exe.,,.,r:m
Section 9. Payment j2LA510.5mmt5
Section 10. AbiataMMISSZificatti
Section 11. Notice c,f Accnec..,v..« t
irm
Exe ive Board to Fronose uusig
tta
3-10
u
10
10
11
11
12
12
12
12
13
13
13
13
1
1
1
1
1
1
1
11
�I
1
ARTICLE XI - DECLARANT'S RIGHTS TO CONTROL THE ASSOCIATION AND
LIMITATIONS
Section 1. Thil_Article nntrnlc 13
Section 2. PeriodDecl
of aran snnrr..l 13
Section 3. Voluary .5,,,rP.,,�P, 14
n
Section 4. ASi4ciation's Rer nac 14
14
ARTICLE XII - R!JLES AND REGULATIONS
Section 1. Promulgation of Ru1Pc ani D?guiatio
Section 2. Members andiars„na„*s
losamay
ARTICLE XIII - INSURANCE
Section 1
Section 2
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
14
14
14
•
AaQciatioan_mainwiLi14nmua=
L�ab�lity �'overagP 14
NAvai_ •labilit<, 14
Eideli Bonds annIr
anr 15
Officers and Direc ors 15
15
.. i 15
ARTICLE XIV -
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Other nsurance
Inalrance xRcn g
16
16
MISCELLANEOUS
Amen n s 16
m -
Proof of Own *chin 16
Registration of Mail'n¢ Arinracc 16
3vlaws Shall (`mmpl., .�.;.b. - __ 16
Nonnmfit trnneP 16
Corpora__ to I 16
17
1
1
1
1
1
1
1
1
1
1
11
1
1
1
1
VI►
ART'ICTE I - OFFTC'Fc
The principal office of the corporation (the "Association") shall be located at 2720
Railroad Avenue, Rifle, Colorado 81650. The Association may have such other offices either
within the State of Colorado as the Executive Board may designate, or as the business of the
corporation may require.
ARTICLE n
Sect fig. The purpose of this nonprofit corporation is to govern the
commercial Community consisting of the real property more particularly described and shown on
the Final Plat of Lacy Park Subdivision, recorded as Reception No. of the Garfield
County, Colorado records (the "Plat") and to administer the Declaration of Covenants,
Conditions, and Restrictions for Lacy Park Subdivision recorded as Reception No.
of the Garfield County, Colorado records (the "Declaration").
&calm:a. Applkatio. All present and future owners, tenants and persons using land
or improvements within the Community, are subject to the provisions set forth in these Bylaws.
The mere acquisition or rental of any lot or improvements in the Community or the mere act of
occupancy of the same or any portion thereof shall signify that these Bylaws are accepted, ratified
and will be complied with.
Section . hamrofit Comoratin„. This corporation is organized in compliance with
the Colorado Nonprofit Corporation Act. To the extent any provision contained in these Bylaws
or in the Declaration conflicts with any mandate of the Act, the provisions of the Act shall be
deemed to control. The Declaration shall control the Bylaws to the extent any conflict should
exist between those documents.
Section 1. Tom. The naive of the Association is LACY PARK OWNERS
ASSOCIATION.
Section 2. Membership. Membership shall be limited to record owners of lots in the
Community. 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
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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. 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.
Section 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 a Class B member, whereupon the Class B
membership shall cease and be automatically converted to a Class A membership.
Section 5. Resolution of Voting Disputes. In the event of any dispute as to the
entitlement of any member to vote or as to the results of any vote of members, the Executive
Board of the Association shall act as arbitrators and the decision of the disinterested majority of
the Board shall, when rendered in writing, be final and binding.
Section 6. Cumulative Voting. Cumulative voting shall not be allowed in the election
of the Executive Board or for any other purpose.
Section 7. Majority Vote. As used in these Bylaws, the term "majority vote" means
more than fifty percent (50%) of the total number of votes authorized.
Section 8. Q. 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 sixty percent (60%) of the
votes of all members entitled to vote shall constitute a quorum at any meeting of such members.
Members present in person or by proxy at a duly organized meeting may continue to transact
business until adjournment, notwithstanding the withdrawal of members so as to leave less than
a quorum. 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, and
the presence, in person or by proxy of members entitled to cast at least forty percent (40%) of the
votes of all member shall constitute a quorum at such meeting, except as may be otherwise
provided in the Declaration, these Bylaws, or the Colorado Nonprofit Corporation Act.
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Section 9. Adjournment of Members' Meetings. Members present in person or by
proxy at any meeting may adjourn the meeting from time to time, whether or not a quorum shall
be present in person or by proxy, without notice other than announcement at the meeting, for a
total period or periods of not to exceed (30) days after the
At any adjourned meeting which is held thirty
notice other than annoue set ncement ar the original meeting,
the quorum requirement shall not be reduced or changed, but if the originally requiredt the meeting,uom
is present in person org g Y quorum
by proxy, any business may be transacted which might have been
transacted at the meeting as originally called.
Section 10. Yote 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 11. Proxies. A member entitled to vote mayvote in
person or by proxy
executed in writing by the member or his duly authorized attorney-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 revocations 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 lot and the transfer of the membership on the
books of the Association.
Section 12. Required Proxies. If title to a lot is held by more than one1
by a firm, corporation, partnership, association or other legal entity,() nersoe or
g
such owners shall execute a proxyappointing or any combination thereof,
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.
ARTICLE IV - MEMBERSHIP MEETINGS
Section 1. Association Responsibilities. The Association shall have the responsibility
of administering the project and advancing the purposes of the Association as set forth in the
Declaration.
Section 2. Annual Meetings. Meetings of the Association shall be held at such place
as the Executive Board may determine. The annual meeting of the members shall be held at
seven o'clock (7:00) p.m. on the second Tuesday in the month of October in each year for
purposes of electing, from among the members, an Executive Board, and to transact such other
business of the Association as may properly come before the meeting.
3
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Section 3. Special Meetings. The President shall call a special meeting of the owners
when so directed by resolution of the Executive Board or upon presentation to the Secretary of
a petition signed by owners representing at least forty percent (40%) of the voting rights. No
business shall be transacted at a special meeting, except as stated in the notice.
Section 4. 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 identify 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 or member of the Executive Board. The notice of a special meeting shall state the purpose
or purposes 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.
Section 5. Order of Business. The order of business at all meetings of the members
shall be as follows:
(a) Roll call (to determine the votes represented at the meeting);
(b) Proof of notice of meeting or waiver of service;
(c) Reading of minutes of preceding meeting;
(d) Reports of officers (when applicable);
(e) Reports of committees (when applicable);
(f) Election of a Board of Managers (when proper and required under these Bylaws);
and
(g) New business.
ARTICLE V - EXECUTIVE BOARD
Section 1. Number and Qyalifications. The affairs of this Association shall be governed
by an Executive Board composed of not less than three, nor more than five, persons. The persons
named in the Articles of Incorporation shall act in such capacity, and shall manage the affairs of
the Association until the first annual meeting and until their successors are elected. The initial
Executive Board shall be composed of three (3) members.
Section 2. Powers and Duties. The Executive Board shall have the powers and duties
necessary for the administration of the affairs of the Association and to carry out the obligations
of the Association indicated in the Declaration. The Executive Board (the "Board") shall have the
3.9...YL
4
1
1
duty to manage the affairs of the Association and have all powers necessary to do so, including
all powers, rights and authority of the Association not reserved to the members, as provided in
the Declaration, the Articles of Incorporation, these Bylaws or the Colorado Nonprofit
Corporation Act, including without limitation, the following duties and powers:
(a) To administer and enforce the covenants, conditions, restrictions, obligations and
other provisions set forth in the Declaration;
(b) To establish, promulgate and enforce compliance with such reasonable rules and
' regulations as may be necessary for the use and occupancy of the Community, with
the right to amend the same from time to time;
' (c) To propose budgets for the Community;
(d) To insure and keep in force such insurance as is determined to be proper or in the
interest of its members;
1(e) To fix, determine, levy and collect the assessments for common expenses to be
paid by the owners;
(f) To levy and collect special assessments for the purposes specified in the
Declaration and for other purposes which, in the opinion of the Board, are
necessary or appropriate;
1 (g) To collect delinquent assessments by suit or otherwise and
to enjoin or seek
damages from an owner, as provided in the Declaration, these Bylaws and the Act;
' (h) To defend the Association from om loss or damage by suit or otherwise;
(i) To borrow funds to temporarily cover current operating expenses and for other
purposes related to its functions and duties, and to execute all such instruments
' evidencing such indebtedness as may be appropriate;
(j) To enter into contracts within the scope of their duties and powers;
(k) To establish one or more bank accounts for the common treasury and for all
separate funds which are required or may be deemed advisable;
1 (1) To keep and maintain full and accurate books and
records showing all of the
receipts, expenses of disbursement and to permit examination thereof at any time
1 by any of the owners and any mortgagee of a lot;
3.+,.,n 5
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
(m) To prepare and deliver annually to each owner a statement showing, in at least
summary form, all receipts, expenses or disbursements since the last such
statement;
(n) To meet at least annually and more often as needed;
(o) To carry on the administration of this Association and to generally do all things
necessary and reasonable in order to effectuate the functions of the Association as
addressed in the Declaration;
(p) To exercise any other powers conferred by the Declaration;
(q) To exercise all other powers that may be exercised in this state by legal entities of
the same type as the Association; and
(r) To exercise any other powers necessary and proper for the governance and
operation of the Association.
Section 3. Management Agent. The Executive Board may employ for the Association
a Management Agent, at a compensation established by the Board, to perform such duties and
services as the Board shall authorize, including, but not limited to, the duties listed above. Any
management agreement shall be subject to all restrictions set forth in the Declaration or the Act.
Section 4. Election and Term of Office. At each annual meeting, a Board shall be
elected for a term of one (1) year, and they shall serve until their successors have been elected and
hold their first meeting.
Section 5. Vacancies. Vacancies in the Board, by any reason other than the removal
by a vote of the members, shall be filled by vote of the majority of the remaining members of the
Board, even though they may constitute less than a quorum; and each person so elected shall be
a member of the Board until a successor is elected at the next annual meeting of the Association.
Section 6. Removal of Members of the Executive Board. At any regular meeting or
at any special meeting called for that purpose, any one or more members of the Board may be
removed with or without cause, by a majority vote of the total authorized votes of the
membership, and a successor then and there may be elected to fill the vacancy thus created. Any
member of the Board whose removal has been proposed by the owners, shall be given an
opportunity to be heard at the meeting.
Section 7. Regular Meetings. Regular meetings of the Board may be held at such time
and place as shall be determined from time to time by a majority of the members of the Board,
but at least one (1) meeting shall be held during each fiscal year. Notice of regular meetings of
6
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
the Board shall be given to each member of the Board, personally or by mail, telephone or fax,
at least three (3) days prior to the day named for such meeting.
Section 8. Special Meetings. Special meetings of the Board may be called by the
President on three (3) days' notice to each member of the Board, given personally, or by mail,
telephone or fax, which notice shall state the time, place and purpose of the meeting. Special
meetings of the Board shall be called by the President or Secretary in like manner and on like
notice on the written request of at least two (2) members of the Board.
Section 9. Waiver of Notice. Before, at or after any meeting of the Board, any
member of the Board may, in writing, waive notice of such meeting and such waiver shall be
deemed equivalent to the giving of such notice. Attendance by the members of the Board at any
meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the
members of the Board are present at any meeting of the Board, no notice shall be required and
any business may be transacted at such meeting.
Section 10. Qugnim. At all meetings of the Board, a majority thereof shall constitute
a quorum for the transaction of business, and the acts of the majority of the members of the Board
present at a meeting at which a quorum is present shall be the acts of the Board. If, at any
meeting of the Board there is less than a quorum present, the majority of those present may
adjourn the meeting from time to time. At any such adjourned meeting, any business which might
have been transacted at the meeting, as originally called, may be transacted without further notice.
Section 11. IBX. To the full extent permitted by law, no member of the Board
and no officer shall be liable for actions taken or omissions made in the performance of such
Board member's duties, except for wanton and willful acts or omissions.
Section 12. Bowers Restri ted. The Board may not act on behalf of the Association to
amend the Declaration, to change the number of members that shall constitute the Executive
Board, to elect members of the Executive Board or determine the qualifications, powers, duties,
or terms of office of Executive Board members, but the Board may fill vacancies in its
membership for the unexpired portion of any term.
ARTICLE YI - OPEN MEETINGS AND EXECUTIVE SESSIONS
Section 1. Open Meetingc. All regular and special meetings of the Association's
Executive Board, or any committee thereof, shall be open to attendance by all members of the
Association or their representatives.
Section Z. Closed Sessions. The members of the Executive Board or any committee
thereof may hold an executive or closed door session and may restrict attendance to Executive
Board members and such other persons requested by the Executive Board during a regular or
specially announced meeting or a part thereof.
7
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
are
Section 3.
limited to:
Topics Limited. Matters for discussion by an executive or closed session
(a) Matters pertaining to employees of the Association or involving the employment,
promotion, discipline or dismissal of an officer, agent, or employee of the
Association;
(b) Consultation with legal counsel concerning disputes that are the subject of pending
or imminent court proceedings or matters that are privileged or confidential
between attorney and client;
(c) Investigation proceedings concerning possible
(d) Matters subject to specific constitutional,
requirements protecting particular proceedings
and
or actual criminal misconduct;
statutory, or judicially imposed
or matters from public disclosure;
(e) Any matter the disclosure of which would constitute an unwarranted invasion of
individual privacy.
Section 4. Announcement Required. Prior to the time the members of the Executive
Board or any committee thereof convene in executive session, the chair of the body shall announce
the general matter of discussion as enumerated in Section 3, above.
Section 5. Other Limitations. No rule or regulation shall be adopted during an
executive session. A rule or regulation may be validly adopted only during a regular or special
meeting or after the body goes back into regular session following an executive session.
Section 6. Minutes. The minutes of all meetings at which an executive session was
held shall indicate that an executive session was held, and the general subject matter of the
executive session.
ARTICLE VII - OFFICERS
Section 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 and from the Executive
Board.
Section 2. Election of Officers. The officers of the Association shall be elected
annually by the Executive Board at the initial meeting of each new Board. The officers shall hold
office at the pleasure of the Board. 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.
8
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Section . Removal of nffirera. Upon an affirmative vote of a majority of the
members of the Executive Board, any officer may be removed, with or without cause, and his
successor elected at any regular meeting of the Board, or at any special meeting of the Board
called for such purpose.
Section 4. President. The President shall be the chief executive officer of the
Association. He shall act as chairman and preside (or appoint another Board member to preside)
at all meetings of the Association and the Board. 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 as he may, in his discretion,
decide is appropriate to assist in the conduct of the affairs of the Association.
Section S. 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 of the President or
upon the President's inability, for any reason, to exercise such powers and functions or perform
such duties.
Section 6. Secretary. The Secretary shall keep the minutes of meetings of the
Executive Board and minutes of the meetings of the Association. He shall have charge of such
books and papers as the Board may direct. He shall, in general, perform all the duties incident
to the office of the Secretary. The Secretary shall compile and keep current, 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 lot 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 7. Tr --e a. 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. He 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 Board.
ARTICLE VIII - INDEMNFICATION OF BOARD MEMBERS AND OFFICERS
The Association shall indemnify every member of the Executive Board or officer, 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 a party by reason of his being or having
been a member of the Board or officer of the 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 Board not to be the product of gross negligence or willful misconduct on the
part of the Board member or officer to be indemnified. The Board member or members to be
indemnified shall not take part in the decision to indemnify. All liability, loss, damage, costs and
9
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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
common expenses. The Association shall maintain insurance for purposes of this paragraph, as
more particularly provided below. Nothing contained in this paragraph shall be deemed to
obligate the Association to indemnify any member or owner of a lot, who is or has been a Board
member or 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 lot covered
thereby.
ARTICLE IX - BUDGETS
Section 1. Executive Board to Propose Budgets. It shall be the duty of the Executive
Board to formulate and propose a budget of expenses, not less than annually.
Section 2. Membership Approval. Within thirty (30) days after adoption of any
proposed budget for the Community, the Executive Board shall mail, by ordinary first-class mail,
or otherwise deliver a summary of the budget to all the lot owners (members) and shall set a date
for a meeting of the lot owners 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 X - ASSESSMENTS
Section 1. Assessments. The Association shall have the right to levy and make
assessments, in accordance with its Declaration and these Bylaws 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 and operation 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;
c:1cLIEw1 Jo,a soN Doc\to 29 9 .an.
10
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
(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;
(f) 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;
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;
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;
(g)
(h)
(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 these Bylaws, its Articles of
Incorporation or its Declarations or as otherwise permitted by law.
Section 2. 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. Special Assessments. In addition to the Annual Assessment, the Association
may levy Special Assessments from time to time as and when the need arises.
11
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Section 4. 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 5. Equality of Ass ssment and Exce Each lot shall bear an equal
proportionate share of any assessment for common expenses other than expenses associated with
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 6. 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. • he 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 7. 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
c- 3-s1.m
12
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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 mayexempt
p
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.
Sect Non:llacuicznisiQn. Notwithstanding an
contrary, no lot shall be subject to assessment until such time as thelologis eimpro erein contained with:h(a) a
building or other structure; or (b) facilities which
and water distribution system. Until either such event should ofcur water
o�on wellbe
exempt from assessment and all common expenses shall be shared equally among the imts shall
oved
lots only.
Section_Q. P meat of As esSm n s. 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.
Sect --inn �_4. Asammtiatsgzificato. Upon request, the Association shall provide any
owner, prospective purchaser, mortgagee orro
a certificate in writin si P spective mortgagee, of any lot in the Community
g gned 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.
Sect_. LIotice of Ass c ment kna. 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
) day
period, then the Association shall have no right to asserlien upon thel lot wisthin
lunpaiid assessmentsd
which were due as of the date of the request.
Section 1. This_Anicle ontrcii. Notwithstandin
Declaration or the Bylaws to the contrary,g anything contained in the
the provisions of this Article shall control all
inconsistent and conflicting provisions.
13
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Section 2. Period of cdara.,rs.....__,I
The Executive Board, and all members
thereof, shall be appointees and subject to removal, at any time and from time to time by the
Declarant, in its sole and absolute discretion, until sixty (60) days after conveyance of eighty
percent (80%) of the lots to owners other than a Class B member.
Section 3. Yolumary_ataundu. The Declarant may voluntarily surrender the right
to appoint and remove officers and members of the Executive Board before termination of the
period of Declarant control set forth above. In that event, the Declarant may require for the
duration of the period of Declarant control, that specified actions of the Association or Executive
Board, as described in a recorded instrument executed by the Declarant, be approved by the
Declarant before becoming effective.
Section 4. Association's Records. Within sixty (60) days after termination of
Declarant's control and the election of a new Executive Board by the members, the Declarant shall
deliver to the Association all records and property of the Association held or controlled by the
Declarant as prescribed by the Act.
ARTICLE XII - RULES AND REGULATIONS
Section 1. Promulgation of Rules nd Regulations. The Association, through its
Executive Board, shall have the power and authority to adopt and promulgate such rules and
regulations as it may from time to time deem necessary or desirable to regulate the use of the lots
and activities within the Community, in a manner consistent with the purposes of the Declaration.
Section 2. Members and Occupants to Comply. Each owner and every person
occupying or in possession of any lot, improvement or portion thereof, shall comply strictly with
the provisions of the Declaration and any Rules and Regulations promulgated by the Association.
Each owner shall always endeavor to observe and promote the cooperative purposes for which the
Association was established. Each owner shall see that any tenant or other person occupying his
lot, building or portion thereof upon his lot, is supplied with a copy of the Rules and Regulations
and a copy of the Declaration and require that such tenant comply therewith. Every lease or
rental agreement in respect to any lot within the Community shall require the tenant to comply
with the Rules and Regulations of the Association and the Declaration.
ARTICLE XIII - INSURANCE
Section 1. Association o Maintain fns raa
ce. Commencing not later than e time of
the first conveyance of a lot to a person other than the Declarant, the Association shall hmaintain,
to the extent reasonably available, the kinds and types of insurance specified in this Article.
Section 2.
and liabilities arising in connection with the operation and
as deemed sufficient in the judgment of the Executive Board, but in no event,
Liahili =ra P
. Commercial general liability insurance against claims
management of the business and affairs
of the Association,
CBOEC SOMDOCil9l/Yl.
14
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,
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 3. Non -Availability. If the insurance described in Section 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 4. Fidelity Bonds and Insurance. The Association may re
Board members, officers, employees and managers of the Association handlingor r allire p rEesponsible
Association funds, to furnish (at the expense of the Association) adequate fidelity for
bonds or
insurance to protect against dishonest acts, with such coverage limits as the Association deems
appropriate.
Section 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. 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.
3-+11..m
15
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Section 7. QSher jawancg. The Association may also obtain insurance coverage
against any such other risks of a similar or dissimilar nature, as deemed appropriate.
Section 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 XIV - MISCELLANEOUS
Section 1. Amendments. These Bylaws may be amended by the Association members
at a duly constituted meeting for such purposes, and no amendment shall take effect unless
approved by owners representing a majority (or such greater number as may be required by the
Declaration in respect to any specific matter) of the total votes present or represented by pro
at such meeting. The notice of such meeting shall contain a summary of the proxy,
copy proposed changes.
a co of suchproposed changes
Section 2. Proof of Ownership. Any person, on becoming an owner of a lot, shall
furnish to the Executive Board 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 nor shall he be entitled to vote at any annual or at a
special meeting of members unless this requirement is first met.
Section 3. Registration of Mailing Address. The owners of each lot 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 of a person or persons, firm, corporation, partnership, association or other legal
entity, or any combination thereof, to be used by the Association. Such registered address of a
lot 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
lot or by such persons as are authorized by law to represent the interests of the owners thereof.
If no such address is registered or if all of the owners cannot agree, then the address of the lot
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 4. 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 the Act in any manner not permitted, the provisions of
the Act will apply.
Section 5. Nonprofit Purpose. This Association is not organized for profit. No
member, member of the Executive Board, 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 of the Executive Board; provided, however; (1) reasonable
16
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
compensation may be paid to any director, officer or member while acting as an agent or
employee of the Association, for services rendered in effecting one or more of the purposes of the
Association; and (2) any director, 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; and (3) any member of the Executive Board may be compensated for
attendance at regular or special meetings of the Executive Board.
Section 6. Corporate Sgal. The Association hereby adopts as the Co
Seal
non-profit corporation, the seal making the imprint shown on the side of this Corpora
� of this
DATED this day of
, 1998.
THE UNDERSIGNED Secretary of Lacy Park Owners Association a Colorado
corporation, not for profit, does hereby certify that the above and foregoing Bylaws were duly
adopted by the Executive Board as the Bylaws of the corporation on the
of
, 1998, and that the same do now constitute ythe
Bylaws of the corporation.
17
Secretary
ARTICLES OF ORGANIZATION
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
ARTICLES OF ORGANIZATION
LACY PARK, LLC
David M. Johnson and Anna R. Johnson, the undersigned natural persons, each being
more than eighteen (18) years of age, acting as organizers of a limited liability company under the
Colorado Limited Liability Company Act, adopt the following Articles of Organization:
FIRST: The name of the limited liability company is:
LACY PARK, LLC
40C -71 :7L.1770
.,
50.00
SECRETARY
n� STATE SECiREti1! Y V? _TATE
SECOND: The principal place of business of the limited liabiityl8vmpantiis;lf°}�r' 09
2720 Railroad Avenue
Rifle, Colorado 81650
THIRD: (a) The street address of the initial registered office of the limited liability
company is:
2720 Railroad Avenue
Rifle, Colorado 81650
(b) The mailing address of the initial registered office of the limited liability
company is:
2720 Railroad Avenue
Rifle, Colorado 81650
FOURTH: The name and business address of the limited liability company's initial
registered agent for service process is:
Name Address
David M. Johnson 2720 Railroad Avenue
Rifle, Colorado 81650
The consent of the registered agent is designated by the signature of the
registered agent on these Articles of Organization.
FIFTH: The management of this limited liability company is vested in managers
rather than members. The name and business address of the initial manager
1111111111111111111111111111111111111111111111111111111
508113 05/12/1997 11:33A B1018 P289 A17
1 of 3 R 16.00 D 0.00 N 0.00 GARFIELD COUNTY CLER
' vtla'-n*. Nicholas 6o1 , . 0 . Sox 6131, [enrvooCt % rvls Co
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
SIXTH:
of the limited liability company is:
Nan
Johnson Construction, Inc.,
a Colorado corporation
Address
2720 Railroad Avenue
Rifle, Colorado 81650
The name and address of each organizer is:
Name
David M. Johnson
Anna R. Johnson
Address
2720 Railroad Avenue
Rifle, Colorado 81650
2720 Railroad Avenue
Rifle, Colorado 81650
�INWHEREOF, the organizers have signed these Articles of Organization this
Organizers:
CONSENT OF REGISTERED AGENT
I hereby consent to my appointment as initial Registered Agent of the limited liability
company in the foregoing Articles of Organization.
2
David
on, Registered Agent
1 111111 11111 111111 11111 1111 111111 111111 111 11111 1111 1111
508113 05/12/1997 11:33A B1018 P290 A17
2 of 3 R 16.00 D 0.00 N 0.00 GARFIELD COUNTY CLER
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
VERIFICATION
STATE OF COLORADO )
COUNTY OF GARFIELD ) ss.
The foregoing Articles of Organization were signed and sworn to before me thi6
day of March, 1997, by David M. Johnson and Anna R. Johnson, as Organizers; and the
foregoing Consent of Registered A ent as signed and sworn to before me by David M. Johnson,
as initial Registered Agent, this tL day of March, 1997.
Witness my hand and official seal.
My Commission Expires ` 7 Z pa c7
3
1 1111111111111111111111111111111111111111111111111111111508113 /
0S
12/1997 11:33A 81018 P291 A17
3 of 3 R 16.00 D 0.00 N 0.00 GARFIELD COUNTY CLER
Roy Romer, Governor
Patti Shwayder, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION
http://www.cdphe.state.co.us/hm/
4300 Cherry Creek Dr. S. 222 S. 6th Street, Room 232
Denver, Colorado 80246-1530 Grand Junction, Colorado 81501-2768 r
Phone (303) 692-3300 Phone (970) 248-7164
Fax (303) 759-5355 Fax (970) 248-7198
November 1, 1998 I NO
STATE OF COLORADO
Mr. Mark Bean
Garfield County Planning
109 8th St. Suite 303
Glenwood Springs, CO 81601
Re: Lacy Park Subdivision, Rifle, Colorado
Dear Mr. Bean:
9 1998
Colorado Department
of Public Health
and Environment
As you requested, the Colorado Department of Public Health and Environment (CDPHE) has reviewed
the various options available for the disposal of the backwash from the reverse osmosis units to be
installed to provide a potable water supply for the planned Lacy Park Subdivision west of Rifle,
Colorado. Of the options discussed, CDPHE favors using a lined retention pond to contain the
backwash. It is our understanding that this pond will serve the dual purpose of also providing water for
fire protection. In the future, due to evaporation within the pond, sludge will begin to accumulate.
Over time it may be necessary to remove sludge from the pond to maintain pond capacity. When
sludge disposal is necessary, we recommend that the sludge be tested for its uranium (total) and radium -
226 content. These test results would then be used to determine if disposal at a landfill is appropriate.
Otherwise, the sludge can be disposed of at the Cheney Reservoir site, east of Grand Junction. Please
contact Jim Hams in our Grand Junction office regarding sludge handling and disposal procedures at
(970) 248-7170. You can also contact me at (303) 692-3394 if you have any other questions.
Sincerely,
Wendy K. Naugle, P.E.
Uranium and Special Projects Unit
cc: Joe Hope, High Country Engineering
David Hawker, Rifle City Manager
Don Metzler, DOE -GJ
Jim Hams, CDPHE-GJ
JUL-r(-1YJd 15:49
CITY OF RIFLE 970 625 3210 P.01
CITY of RIFLE (-u
202 RAILROAD AVENUE • P.O. BOX 1908 • RIFLE, COLORADO 81650 • (970) 625-2121 • FAX (970) 625-3210
July 6, 1998
Mr; Mark Bean
Garfield' County Planning Department
109 8th Street
Glenwood Springs, CO 81601
RE: Garfield County Land Use Applications - Rifle Area
Dear Mr. Bean:
Thank you for the opportunity to comment on several of Garfield County's land use applications within
Rifle's 3 mile area. Rifle Planning Commission and City Council have now reviewed the applications
and have the following comments:
Self Storage Park Conditional Use Permit
This proposal is adjacent to the City limits and adjacent to City water and sewer services. Additionally, it
is adjacent to the City's Business Park. For these reasons, this application was reviewed by both City
Council and Planning Commission and generated many questions and comments from both boards. The
applicant was present for both board meetings and responded to many of the concerns. Because of the
close proximity to the City and its services, City Council and Planning Commission unanimously urge
the Garfield County Planning Commission to require this development to occur within the City
limits, constructed to City standards. Our City Planner, Pat Hopkins will be available at your meeting
to elaborate on thc City's concerns and rational for this recommendation.
Lacy Park Subdivision
Rifle recognizes that interchange properties have the potential to generate significant revenues via sales
taxes and are therefore very important to the City. The proposed subdivision contemplates large lots
(ranging roughly from 3 to 6 acres each) which could be developed or redeveloped to serve the traveling
public if the market should dictate. Additionally, because no City utilities are in the area, future
development uses will be limited until utilities are extended to the area. For these reasons, Rifle
Planning Commission supports the subdivision as proposed.
Custom Crushing, Inc.
Rifle understands that the expansion proposed is to the east of the existing mined area. Because Rifle's
raw water intake is directly to the west of the property, it will be important to retain the integrity of the
river channel adjacent to thc existing and proposed pit area. Rifle supports the proposed expansion
provided that it in no way interferes with the existing raw water intake.
Sincerely,
Tim Moore
City of Rifle
TOTAL P.01
GARFIELD COUNTY SURVEYOR'S OFFICE
DEC. 03, 1998
GARFIELD COUNTY PLANNING DEPT.
109 EIGHTH STREET
GLENWOOD SPRINGS, CO.
81601
ATTN: MR. MARK BEAN, DIRECTOR
RE: LACY PARK SUBDIVISION FINAL PLAT
DEAR MARK;
I HAVE REVIEWED THE ABOVE REFERENCED PLAT AND NOTE THE FOLLOWING:
STANDARD COMMENTS:
1) ANY PLAT NOTES AS REOUIRED BY THE PLANNING DEPT. SHOULD BE SHOWN ON THE PLAT.
2) A COMPUTER DISK OF THE SUBDIVISION SHALL BE SUBMITTED FOR THE USE OF THE COUNTY
ASSESSOR'S OFFICE.
3) ANY LIEN/MORTGAGE HOLDERS INTEREST SHOULD BE NOTED ON THE PLAT AND A MORTGAGEE
CONSENT CERTIFICATE BE PLACED ON THE PLAT IF REQUIRED.
PLAT SPECIFIC COMMENTS:
1) ALL BOUNDARY MONUMENTATION FOUND OR SET NEEDS TO BE INDICATED ON THE FINAL PLAT.
2) THE LEGAL DESCRIPTION IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP HAS SEVERAL
DISCREPANCIES WITH WHAT IS SHOWN ON THE PLAT. CURVES 5 AND 6 IN THIS DESCRIPTION
SHOULD BE CHECKED AND THE CURVE TABLE REVISED AS NEEDED. ALSO THE CALL ALONG THE
RAILROAD RIGHT OF WAY OF S.51°44'50"W. 519.14 FEET DOES NOT APPEAR IN THE WRITTEN
LEGAL DESCRIPTION.
SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FR :E -0 GIVE ME A CALL.
SI>'ERELY;
SAMUEL PHELPS
AS GARFIELD COUNTY SURVEYOR
CC:
FRANK HARRINGTON. P.L.S.
HIGH COUNTRY ENGINEERING, INC.
923 COOPER AVE.
GLENWOOD SPRINGS, CO.
81601
SENT VIA FAX: 945-2555
COUNTY FILES
County Courthouse Bldg.
109 Eighth Street
Glenwood Springs, CO 81601
(970) 945-9158
Samuel Phelps
Garfield County Surveyor
Private Office
1001 Grand Avenue, Ste. 205
Glenwood Springs, CO 81601
PH: (970) 928-8233 FAX: (970) 945-8565