HomeMy WebLinkAbout1.02 Declaration of Covenants, Conditions & Restrictions, Including Well Sharing & Irrigation Water Use Agreements• •
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR I.EO SUBDIVISION,
INCLUDING WELL SHARING AND
ER IGATION WATER USE AGREEMENT
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
LEO SUBDPTIS+ION, NCLUDING WELL SHARING AND IRRIGATION WATER USE
AGREEMENT (hereinafter the "Declaration") is made this day of _
200O3 by Gaye Leo (hereinafter collectively referred .o as "Declarant") owner of the property
described below, which property is located in C-arfield County, Colorado:
WINE S SE i H:
WHEREAS, Declarant is the sole owner of certain real propery located in Garfield
County:. Colorado, described a rhe property in the West 1/z of the Southwest :4 of Section 20 that
is located northerly of the northwesterly boundary line of the right of way for County Road 32C
in, To‘vtisi;ip 6 South, Ranee 9 West of the 6th P.M. (hereinafter referred to as the Property"),
and
\VHERE. S. a well known as "Leo Will ' is located Property at.,d apo. the P o;.e,.y 3t a pori_:.
approxi:_r.at,h' 1400 fee.+. from. :he South Section Line and -45OG f et fror_i the East Section Line
of said Section_ and
'WHEREAS, Declarant is -7e ;oro ow= of the Leo Weil; and
.WHET E_ k5, the joloraoc Of Water Re2ources has issued Well Permit Num .er
22143 For the Leo We:;. which pe:^init aiiows use cf water fon the well for =ire prctecc?n,
ordinary h usehoid purposes inside thr , 3) sirigie t nilly �`Hellirl� . the irrigation cif ;
.� � �at.on � not more
than one acre of noires, gardens and laws, and the watering of dc-restic animals; and
WI -I REAS, Dec.:want awns 0 52. c.f.s. of water decreed ;a the Taugenbaugh Ditch `tie
::rrrigatior. Water Rights') wrier, has been ased to irrigate the property and Declarant wishes tc
ensue that the three (3) lots e2.cl, have, access to a potion of the Irrigation Water Rights in the
manner set forth heIow and
WHEREAS, Declarant intends to subdivide the Property into three lots (to be known as
Lots x, 2 and ---the Lec Wei is on Lot 1), t Sing the Leo. Well as the source of potable water for
domestic ase or: such lots and thar all three lots will share some Irrigation Water 'Rights, in ti
properi uns and amounts set forth below;
NOW, THEREFORE iecialant hereby declares that the Weil, Irrigation Water Rights
and the Property shall be held, sold and conveyed 5uh ject to the following restrictions, cove; ants
and conditions, which are for the purpose of protecting thealue andiddenxr;bi desirability of the Property,
and which shall ;v : with the Well, the Irrigation Water Rights and the Propery arid be binding
upon all paries having any right, tie or interest in the Weil, the Irrigation Water Rights and. the
Lro Subdivision
Declaration of Caserants
Page 2
Property, or any part thereof, their heirs, succesacrs a:id assigns., and shall inure to the benefit of
each owner thereof.
1. Potable Water Supply. The potable ware+ Supply for each of the three lots within
the Property shall be the Weil (Leo Well ), as operated pursuant. to Weil Permit No. 221943
issued by the Colorado Division of Water Resources. All lot owners shall be jointly responsible
for meeting all obligations set forth in the Weil Permit.
2. Water System Lt a ment . All owners of lots within the Property shall have art
easement to access the Leo Wei' and ail pumphouses, storage tanks, pipelines, and other
workings associated with the delivery of potable water .o each lot (collectively referred to as the
"Potable Water System") located anywhere within the Property, for reasonable operation and
maintenance purpose's. Such easement includes a right tc free and unrestricted access for such
purposes and shall be twenty (ZO) feet in width surrcundin✓: all parts of the Potable Water
System. In the event that any Gates, '+hall •.:owes, :,r other pasts cf the Potable Water System are
locked for security jurposes all ? owners shall immrcia eitt ,e cvi , with and f
of a , fir ,.fiord �i _ a -na
not otherwise be restrieted from accessing the Potable `water System. The reciproctei easements
granted herein shall be for the benefit of ail lots within the ?roperty. The location, of all pars of
the Potable Water System shall be determined by cocrieati
a^ .r atl:est owners and ::: a rnareeer
which interferes the leas: with exist:r.g sir cter s inciudine but .tor _;ir.itcd t..o houses,
outbuildings, and roads. ~
3. Ownership of the Leo WdIL The Leo Subdivision Propel Owners Association.
(described heir w-) shall own and operate the Leo Weil, the Weil Permit, pumps 5l, and any
appurtenant parts oft .e Potable Water System used in common by ail lots. No interest in the Leo
Well and Water System may ,not be transferred apart from the lots within the subdivision The
Property Owners Association and all members thereof (the lot owners) sell be inuuaily
responsible for the Well and to operate, maintain, repair, replace and improve the Leo Weil,
pumps and any other appurtenant facilities for their joint benefit. The Well Permit shall be put in
the name of the Property Owners ssociation. The owner of the lot upon which the Leo Well is
located or the _Manager of the Property Owners Association shail be designated as the lot owner
to receive ail mail and documentation relating to the Leo Well and Water System. Copies of all
such mail and documentation shall be promptly provided to other lot owners, or made available
for review at the convenience of other lot owners,
4. rises of the Leo Well: water treatment obligations.
The use of the Leo well is limited to not more than 3000 sq. ft of water per lot for lawns.
Use of water for domestic animals is aalowacie however such use shall be aecorplished in
a conservationist manner (e.g water shall not be allowed to run continuously). If any stock tanks
or watering roughs art used, such troughs shall be filled no more than one (1) lime per day and
snail be heated if used in the wintertime. During the irrigation season, and when water is
available in priority, all lot owners shall_ use the Irrigation Water Rights for lieesteck. watering
purposes. However, the Leo Wall may be used for supplemental watering of domestic animals,
when ditch water is not available. Each los ^wrier shall install a flow-restrictor valve on their
water supply line from the Leo Weil to ensure that the ::raximu.in draw is not more than two (2)
LEEO.Deciarati'. of C:;veiac!s
iQ`'_i %cJ.7.!4:16F,' _-1 x
Lco Sttixtivrs:on
Declaration of Covenants
Page 3
P
gallons per minute. The restrictor should be placed on t e.iine running into each lot owner's
storage tank (described below iri Paragraph 7) Lot owners shall be aware that weil water is not
subject to state water treatment regulations, and therefore use of water is at each lot owner'; risk.
Any treatment shall be at the option of each individual iot owner If the Property Owners
Association should elect to construct any joint treatment faciiity, the costs of such faci'it and
operation and .maintenance thereof shall be assessed as ,:om.-non expenses of the tot owners ay
the Property Owners Association in the same manner as other common expenses described in
this Declaration.
5. Emergency Repair of Water System. In the event that the lot owners are unable
to agree upon any maintenance, repair replacement or improvement necessary to continue
potable or irrigation water service, any of the lot owners shall be entitled to undertake any
maintenance, repair, replacement or improvement necessary and essential to allow continued
water service. In the evert that any lot owner(s) decide to undertake any such work absent the
consent of any other tot owner(s), he or she shall notify the other c: owners in writing. The lei
owner(s) undertaking the work shall, apor, completion, provide the other owner(s) wi:h a written
statement of the work performed and air allocation oI each lot owners share of t:le costs, in -,:he
event that 9.mergercy' ra aire are required. eefcre, undertakingac•. loll
•�. _,.� required, �� ,._ any such work e� ;U� W.:?S ..
attempt to contact the other lot cull:''(s) by ;hone ;trier to incurring any expenses =Jr such
repairsBills for emergency repairs 3tlali ,r alecated among the three lot owner_: in the ma:ir__r
set forth below iri Para zrapis 9 and 1.0 for payment of joint expenses associate" with :he Potable
Nater System and the Irrigation Writer Rights associate;: with the Property
��
6. In-house uses preferred; no waste. In-house use of water from the Lee Weil
shall cake precedence over .zse of water For domestic animals. in the event of a ?hortage, ail tot
owners shall cooperate and shall reduce their uses accord ng y to conserve. water. No lot owner
shall be entitled to waste wafer, and each owner shall exercise prudence and conservation in the
use of water in order to allow for the e'ricient and beneficial use of the Leo Well.
7 Storage. At the time that a residence is constructed b3' each lot owner, the
c% ner(s) of such shall install a water storage tank not less than 500 `ai1ors in size at sur^ lot
owner(s)' sole cost and expense. Such storage tank shall also be buried at such lot owners'
expense where it can intercept all water for the lot from the well and be plumbed into the
residence to ensure that there is an adequate supply of water for the residence the event that
the instantaneous pumping rate of the well is ir.adecuate to meet demand. Ea.;h lot owner shell
also install a booster pump from each storage tank to help meet peak water demands.
8. No Other Wells. No other exempt wells :may be drilled upon my lar within :he
Property unless the drilling of any such well does not _jeopardize the status of the Well Permit for
the Well which is exempt from administration under the prior appropriation system pursuant to
Colo. Rev, Stat. Section 37-9-5O2(3)(b)(1I)(A). No other wens may be drilled within the
proper absent the unanimous written cot sent of all lot owner(s) and a valid well permit issued
by the Colorado Division of Water Resources. In the event that any lot owner(s) discontinue use
of the Leo Well with the consent of the other lot owner(s) pursuant to this Paragraph 8, such
LEU-Dtxisrricr. c: C ,ver T:ltt 3
; • i O 0,;; y .Fr. _ �_ = T H:WF'T. _ .
Leo 3ubdivision
Dec.Luatioa of Covcnants
Fags 4
discontinuing lot owner(s) interest in the Leo Weil snail revert. to the owner of Lot 1, upon which
the Leo Well is located.
9. Operation and Maintenance Expenses. The owner* of each lot shall be
entitled to use an undivided one-third (1/3) of the water produced bv the Leo Well. The
withdrawal of water from the Leo Well shall be for domestic and limited domestic watering of animals
permitted by the State of Colorado. The owner:,si of each lot served by the Leo Well shall pay
one-third (113) of the costs of maintenance., operation, electricity, repair, and replacemem of the
Leo Well, puinp(s) and appurtenant facilities, and the coats of common water lines or other
common water facilities To the extent practicable, the use of electricity shall be monitored via
an "hour meter" to be attached to the electrical line to the weii pump. Such meter will allay
records to be kept of electrical consumption each year. if any lot is not hooked onto the Leo
Well, the owner(s) of sucE iOt shall not be obligated to contribute toward operation and
maintenance expenses. If any 1ct is hooked :'9:3 but has nOT yet comrnenc d service, no tic tric.t'
costs shall be assessed against the owner(s) of such lot. In addition, the owne:(s)) of enc:
individual lot shall be exciusiieeiy responsible *Cr the eons et installation, o eratic i, repair or
replacement of any facilities used solely by that lot. '_neludiilg individual ser, t,;e _:"lis and any
indivvidt:al storage tanks. Otherwise, the lot owners shall eooa ;rate to operate and maintain :he
Potable Water System and :0 pay any • ssociated :o, es for maintenance, operation. repair,
replacement, cr ire-prove=tlent oI cor'rc',on tcci1ities. Non-essential maintenance, operation, :e air,
replacement or improvement of :env pari of zi e Water System shall only. be performed niter
censere of all lot owners, The Declarant ;rani establish tht Leo Subdivision . Properr; Owners
Association (the "A.ssociration") pursuant to the Uthfo..on Unincorporated. Nonprofit Association,
Act. Colo. Rev. Stat Sections 7-30-1.01 to 1i3. Each ior owner shah be a member of said
:: ssoeiatior and such Association shell :4 empowered powered to enf',rce all ter ills and conditions set
forth in his Declaratien• The Association shall meet . zice each .tear in June to appoint one 0wL.:r
as the manager of the Association. The owrer(i) of each lot snail contribute S100 per lot (total of
5300.00 each year) into an account tc be held y the manager of the Aseceiation. These
contributions Shall be used first to pay monthly eiectrical expenses associated with operaticn of
the well pump Any surplus funds each year shall be held over in the account and desi cared for
use in the vent that the pump needs repair or replacement If these fiends are fully used in any
given yea:, the owr�er(s) of each lot shall make additional proportional controu:ions (1/3, 1/3,
1/3) as may be necessary to cover expenses for that year. All lot owners shall be entitled to an
accounting of use of community funds upon reasonable request to the manager, who shall_ keep
records of contributions and expenses for operation: and maintenance of the Potable Water
System,
10. Irrigation Water Rights. At the cere.rit time the Declarant believes diet she
owns 0.32 e..s. of the Taugenbaugh Ditch i:water rights for which were decreed in Civil Action
Nos. 89, 934, 955 (Garfield County District Court) a;.c in Case No W-2180 (District Court in
and for Water Division No. 5). These warer rights aieert from Beaver Crux. No title opinion .as
been rendered confirming this amount, and Declarant makes no representations or warranties that
she owns any zertain amount of this water or lav eertaln priority. Declarant intends that Lot 1
shall retain ownership and use t1f ninety pe cent (90%) of ;he itrigatioIi water assoc:teci with the
property (90% of 0.32 c.f.s. is .46S c.f.$.). and that :his 'eater may be used to irrigate as :ouch of
LEO.D4::1ar tion of Covesa.itr 4
Lzo Subdivision
Declaration of Covenants •
Page
•
The five acre lote are hereby limited to five percent each of the 0.52 c.f.s. of the Tagenbaugh Ditch
water. No sale or transfer of these rights is permitted. except if the lot or home is sold. Then the -water
accompanies the land sale.
When irrigation water is available, the two five acre lot owners may combine their respective shares
and irrigate together in order to promote best use of the water available and allow for a more
effIcient irrigation of Lots 2, ane :l. The owner(s) of each lot shall be responsible for a pro rata
sham of all expenses associated with the Irrigation Water Rights as those expenses may be
incurred for the operation maintenance and repair of the main ditch and its workings or that may
be incurred for that portion of the ditch or the laterals which serve these three (3) lets. Said
expenses shall be levied and collected from each lot owner by the Leo Subdivision Property
Owners Association No owner .shall be liable for expenses Fur any portion of the ditch or lateral
that it does not benefit from. The divielon of expenses shall be as follows: Lot l-90%. Lot 2-
5%; Lot 3--5%. The lot owners shall not expand the historical use of the TauQ. ncaugh Ditch
without a legal right to do e.o
11 Easement for Irrigation Ditch (Pipeline). Irrigation water is deli verec to all
three lots via a buried lateral pipeline along the southern edge of the lois All owners ct lots
wiVr,:n the Property shall hsc.e an easement to the Tagenbaugh Ditch itseif and this latent
plDe'1LL' (ailoia the ditch), including headgates, measuring devises. tend other workings on the
main pipeline along the southern edge of she Property (collectively referred to as the `Irrigation
System"), for reasonable operation and maintenance and repair purposes. Such easement
incudes a right to free and unrestricted acctes for such; purposes and shall be twenty (20) feet in
width :x -tending twenty (20) feet north of the southern edge of the three (3) lots within the
Property In the even::hat any parts of the Irrigation System are locked for security purposes, aJl
lot cwrr. rs shall immediately he provided with a key ant shall not otherwise be restricted from
accessing the Inigaticn System. The reciprocal case:netts ;ranted herein shall be for the benefit
of 111 lots within the .Property. The location of all parts of the Irrigation System shall be
determined by cooper .tion of ail lot owners and in a mane which allows for the gravity flow of
water to all of the lots. Structures including but not limited to houses, outbuildings; and
driveways shalt be planed is a location on each lot that does not interfere with the use of the
ditch and accounts for any drainage patterns that may exist. Although each rot may receive water
from. the stain distribution pipeline viaseparate lateral pipelines which extend onto each lot, the
eas rnents and maintenance obligations provided for in this paragraph ar.d in the following
Paragraph I I shall not ex -tend to the separate lateral pipelines which extend onto each lot, which
lines shall remain under the sole control ani responsibility of the owner(s) of each lot served by
each such separate lateral line.
12. Collection of Joint Expenses, As set forth above, a homeowners association to
be known as the Leo Subdivision Property Owners Association shall be established by the
Declarant pursuant to the Uniform Unincorporated Nonprofit Association Act, Colo. Rev Stat.
Sections 7-30-101 5C 119. This Property Owners Association shall levy and collect from each
lot owner his cr her share of common expenses for the Leo Wen, electricity, irrigation ditch
crCcvmurrt, 5
e—•
Leo Subdivision
Declaration of Covenans
Page 6
•
maintenance ana repair expenses, or other common expenses within fifteen (15) days from .he
time at which a written statement of expenses is presented for payment by the manager of the
Propery Owners Association or the owner(&) of any ether lot. %n the event that the owner(s) ;f
any lot fails to pay his or her share of common expenses within thirty (30) days of 2resentment
of a statement, interest on the unpaid amount shall accrue at the rate of eighteen percent (1 °';)
per annum, beginning thirty (30) days atter presentment. In the event that any lot owner fails to
pay any amount due, including any accrued interest., within six months from the date of
presentment for payment, water service to the delinquent lot may be discontinued. However,
notice shall int be given to the non-compliant lot owner by certified mail sent no less than thirty
(30) days prior to termination of service to the last known address of the delinquent owner. Any
lot owner(s) that have paid the delinquent owner's share of costs and expenses shall be entitled -o
pursue any remedy available at law or in equity for a breach of this Agreement. Reasonable
attorneys' fees and costs incurred by the owner(s) of any lot(s) or the Property Owners
Association in the process of collecting any amount due from any other lc: owner(s) pursuant to
the terms of this Declaration shall be paid by the delinquent lot owner(:).
13 Prohibition of Manufactured Housing or Mobile homes: Construction
Titnefrarne for New Homes. Mamafacrered'lousing and/or mobile homes are prchibited on ac}
part of any lot within. the Properly, except that temporary housing or office space may tie used
During the period of constrection of 1 perm?:m residence on 31:n not. which corcrr:ct_^
r
period shai. act exc d two (2) years fn nn the date of pnr;hase cfthe lot.
14. Maintenance. Each :et o Nrter sr.:il :<eee his or her iot clear and free of trash,
junk, litter and debris. and snail keep the irrprovzmt.nts hereon in good repair.
15. Shared Drive«nray, As shown on the plat snap for the subdivision ;onterrpiated
herein, Lots 2 and 3 will be served ov a single point ef access from County Road 320 meeting
the pnmitive residencia.l standards called for in Stiction 9.00 of the Garfieid County Subdivisicn
Regulations. Such point of access will ':ie 1/2 on L.ot 2 and y on Lot 3. A reciprocal easement
shall exist for shared portions of the driveway access and the owner(s) of Lots 2 and 3 &hail
communicate with each other and cooperate with regard to decision-making regarding insofar as
construction, opera*,ion, maintenance, repair and replacement of shared portions of the driveeay,
and shall each contribute fitly percent (5C%) of associated expenses. The access from the County
Road shall be constructed in a manner which complies with all applicable Garfield County
standards, including but not limited to Section 9.00 of the Subdivision Regulations whish also
requires thirty-foot wide accesses with a single lane at least twelve (12) feet in width v, -i: a
native surface; and a "hammerhead" turnaround .
16. Pets. One dog shall be allowed for each residential unit and the dog shall be
required to be cot:tined within the boundaries of the lot upon which the dog's owner resides.
17. Foundations, Each lot owner shall *tie obligated to collect site specific scil
samples for each building foctprint prior to aorstr.cti ig any permanent residence on Lot 2 or 3
Such sail samples shad be examined by a qualified professional {eotechnical engineer and an
LO -n 3dar-i yt of Cevcnmta
G 3
Leo Subdivision
Declaration ei Cox enaais
Pagc
engineered foundation plan shall be prepared and submitted to Garfield County Buiding and
Planning prior to issuance c•i a building permit for rot 2 or Lot 3.
18. Fireplaces. NG open hearth solid -fuel fireplaces will be allowed anywhere within
the Leo Subdivision. One (1) solid-tuei burning stove as defined by Colo. Rev. Stat. Section 25-
7-401, et. seq., and the regulations promulgated :hereunder, will be allowed in any dwelling
unit. .til dwe:l_ng'units shall be allowed an unlimited number of natural gas or propane burning
stoves and appliances.
19. Septic systems. A management pian for the operation and .maintenance of or. -site
individual sewage disposal systems (1SDS) must be provided to Garfield County Building and
Planning prior to the construction of any such system as required by Section 1 92E of the
Uarlicld Counry Subdivision Regulations. Such plan shall provide for the prrpe: care and
.tnonitorlrig of all se tic si'3tetns located anywhere within the Lao Subdivison by the Leo
SubdTV::ice Property Owners Association.
20. Fire tprof:to:ion. in order to minimize fire.:.anger : ltl::n the Teo Stubdi' i iorl, ail
lot owners shall be required to' (1) rero a 'ieRetat:ten within a reasonable distance from all
tri..tortue.s in order to provide a safe zone '__^.:? a event of a will~. land :ire' (2) consider the weights
of lire apparatus :and acC:;;Sssibi!itt% requirements ^e sz ting access driveW *.
2'_ q - •ry..�..: L'4.% ,.�'uC a dvSli7t� •118 lots;
and i 3 j nose addresses at ^oirts whe, . driveways inn ors a the C bunt Roade '
.. �� `J and on ac:�
residence if ,;:aced driveways are used !Jeffers +or addr esrs
� ,,_gns :rust ce no cess than four ;..,lines
.n !' i :t. ant -half inch in :'t!'ititi, and contrast "A.i;th back .ir`unc colors':
21 Mineral rights. The mineral rights have been severed from the. ownership of :he
surfa.ce of property within the Lea ;Subdivision. The owner of such rights (currently known to be
T. . l• cClt::,tock) may have the rig:. to Inter upon !cts within the Leo Subdivision .:or the
�r Vl
purpose protpectiDg. mining and removing minerals. 1' right of entry is governed by
3. �iltii' :bL. _
applicable federal, state and local laws and regulations.
22. Fencing. Any fencing constructed tvi riin the Leo Subdivision shall use smooth
Wire and be limited it height and wire spacing so as to in'_nirn ae. and adverse effect upon the
movement of wildlife, including deer and elk.
23. Covenants to Run. These covenants and restrictions shall. run with all lots within
the PrDperty and shall bir.d the owners :h,ere<,, , their successors and assi ns.
24. Enforcement. This document may be .n=orced by any lot owner(s) or any
governmental agency havina jurisdiction over the zatter, by a uCt:L:: for t
amages or for
injunctive "L.ie to restrain or rnardate any action required by this document. The interpretation
of this document shall be governed by Colorado law. Unless the panie:s to any dispute arising
with regard to this document agree to an alternate form of disputa resolution, venue for any
dispute :arising with regard to this document shall be in the courts of Garfield County. Colorado.
The prevailin` parry in any legal action to enforce this document shall be entitled. to reasonable
attorneys' ferns grid costs
i.EC>•D.ciansicn 01-c v.'.ri:.`sS 7
RC).../ =3 'CO _OF' _LP
Leo Subdivision •
Declaration of Covenants
Page &
9.10
25. Amendments. This document shall be recorded in the real estate records of
Garfield County, Coiora.do. This document may only be amended by the unanimous written
consent of ail lot owners within the property. No azttendwent shall be effective until an
instrurnent setting forth such amendment, signed by all lot owners, is recorded in the real estate
records of Garfield County, Colorado.
26. Severability. Should any provision of this document be declared invalid or
unenforceable by a Court of competent jurisdiction, such decision shall not affect that validity of
any other provisions, which shall remain in full force and effect_
DATED: , 2000.
STATE OF COLORADO
COUNTY . NTY OF GARFIELD
DECLARANT:
Gaye Lee
l 3s.
}
The foregoing Declarations was subscribed and sworr. to cefore tat this _ ,day of
2003. by Gave Leo,
VwrIT`ESS i y hand and official seal.
My commission expirns.
Notary Public
LEO•Dcc1arat i ofCov. srtr 3