HomeMy WebLinkAbout1.0 ApplicationBa.r,coMB & GREEN, P.C.
ATTORNEYS AT I,AW
P.O. Dnawrn 79O
B1B ColonaooAveNue
GleNwooo SpRINcs, Colonapo B 1602
OF CouNsEL:
KENNETH BALcoMB
JoHN A. THULSoN
EDWARD MULHALL, JR
Scorr BALcoMB
LAWRENCE R. GREEN
TrMorHY A. THULSoN
DAV|D C. HaLLFoRD
CHRISToPHER L. COYLE
THoMAS J. HARTERT
NS YORK ANO MIS5OURI
Telepnorue: 970.945.6546
FRCSTULe: 970.945.8902
CHRTSToPHER L. GETGER
ANNEMARIEMCPHEE @
DEBoRAH DAVIS*
SARA M. DUNN
April13,2005
RECEIYED
APR 1 3 2005
,",f,Hi:i%tr^ffi,il
Fred Jarman
Garfield County Building and Planning Department
108 8d'Street, Suite 201
Glenwood Springs, CO 81601
Re: Final Plat Documents for Monument Ridge Subdivision
Dear Fred:
I enclose for filing with your office the Final Plat documents for the Monument
Ridge Subdivision which, as noted below and discussed with you yesterday, incorporate
the final requested modifications requested by you, Don DeFord and Scott Aibner.
These documents are:
L. Final Plat, Monument Ridge Subdivision (Mylar form) - As indicated therein,
all required signatures but for the Chairman of the Board and Clerk have been obtained.
But for the surveying corrections - which heretofore have been approved by Scott
Aibner - this Final Plat differs from previous iterations only with respect to Plat Note 21
which, as discussed yesterday with you, has been amended to read verbatim to that
requested by you in your correspondence to me of March '1.0,2005. A full Paper copy of
the Mylar has been included together with the package containing the Construction
Documents noted below.
2. Stamped Construction Drawings - These documents have been amended only
to the extent required to include as an obligation of the developer construction of the
driveway culverts for Lots 13-1,6 in accordance with Michael Erion's comments of March
23,2005. Although I failed to note this modification above, the Final Plat was also
amended to remove the Plat Note which made construction of these driveway culverts
obligations of the future Lot owners of Lots 1,3-1,6. Because these documents are
incorporated by reference within the S.I.A. and the costs of said construction has been
included in the Estimated Costs contained within the S.I.A. as Exhibit A, this
BAr,coMB & GnnnN, P.C.
A'ITORNEYS A'I I:A-W
Mr. Fred Jarman Ap.iI 13,2005
Page2
construction obligation is now clearly an obligation of the developer. As you will note
from Mr. Erion's correspondence of March 23'd, this was the sole remaining modification
requested by him.
3. Executed Quitclaim Deed by and between Monument Ridge LLC as Grantor
and The Board of County Commissioners of Garfield County as Grantee conveying the
public streets, roads and public access ways identified within the Final Plat. This
document was PrePared pursuant to the request of Don DeFord who wanted a separate
conveyance in addition to the dedication language contained within the Final Plat.
4. Subdivision Improvements Agreement - This document has been amended to
incorporate verbatim the amendments requested by you in your correspondence to me
of March 10,2005, specifically:
a. Paragraphl}.A.2 of the S.I.A. was amended to require the developer to record
the Notice of Release required under that Paragraph; and
b. The Notice regarding building permits was amended to include as a condition
to the issuance of a Certificate of Occupancy that all appropriate water facilities be
conshucted and operational in accordance with the Subdivision Improvements
Agreements and have been conveyed to the Homeowners Association.
5. Amended and Restated Declaration of Covenants, Conditions and Restrictions
for Monument Ridge - This document remains unchanged for the previous iterations
thereof approved by Staff.
6. Homeowners Association Agreement - This document is merely an executed
version of that document incorporated within the S.I.A. as Exhibit B and will be
recorded at the time of the filing of the S.I.A. as a condition of the S.I.A..
Along with the above-referenced original documents I have also provided
herewith for your reference a copied full set of the same together with acheck made
payable to the Garfield County Treasurer to cover the latest invoice received from your
department under the Invoice dated March 29,2005, also provided herewith.
As previously discussed with you, it is the intent of Monument Ridge LLC to
have these documents approved by the Board of County Commissioners, executed by
the Chairman and then held by the County Clerk and Recorder pending the posting-by
Monument Ridge LLC of appropriate security. The regulations providein this r.g*a -
for a90 day period for filing. It is my understanding that becauJe of this request this
matter may not be scheduled on the consent agenda but rather must be taken up by the
Board in a public meeting, which it is also my understanding will occur this upcbming
BALCoMB & GREEI\I, p.C.
ATTORNEYS AT IJAIV
Mr. Fred Jarman Aprit 13,2005
Page 3
Monday, April 1'8,2005. I would appreciate if you could confirm with me this setting
before the Board of County Commissioners.
Should you have any questions or concerns regarding any of the above, please
feel free to contact me at your convenience.
TAT/pb
Enclosures
cc: Noel Richardson (with enclosures)
Very truly yours,
BALCOMB & G
By,
QUIT CLAIM DEED
THIS DEED, made this t.# day of .Zn 2OO5 between MONUMENT
RIDGE, LLC, a Colorado limited liability (,omparry, ("Grantor"), and THE BOARD OF
COLINTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, ("Grantee"):
WITNESSETH, That the Grantor, for and in consideration of the sum of Ten Dollars and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has remised, released, sold, conveyed and QUIT CLAMED, ffid by these
presents does remise, release, sell, convey and QUIT CLAM unto the Grantee, its successors
and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and
to the real property, together with improvements, if any, situate, lying and being in the County of
Garfield and State of Colorado more particularly described as follows:
All streets, roads and public access ways identified and described within the Final
Plat, Monument Ridge Subdivision heretofore recorded within the records of the
Clerk and Recorder for Garfield County, Colorado, on
,2005, as ReceptionNo.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use,
benefit and behalf of the Grantee, its successors and assigns forever; subject to all of the rights
reserved by Grantor to utilize the same set-forth within the Declaration of Protective Covenants
for Monument Ridge Subdivision recorded in the records of the Clerk and Recorder for Garfield
County, Colorado on 2005, in Book at Page and Reception No.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth
above.
STATE OF COLORADO
COLTNTY OF GARFIELD
Subscribed and sworn to before me this lJd a"y of ,zoo{by
Edward Noel Richardson, Manager of Monument Ridge,LLC, a blorado Limited Liability
)
) ss.
)
Edward Noel
flIm
i. ,nBHeu* io
S'rt'r,ri9
Company.
- S.t,* Gi,t* \1..K.,..,.-
Notary Pubfd
My Cbmmission expires:
-S\o-fl*doO
S
ri.
Upon recording retum to:
Monument Ridge LLC
c/o Noel Richardson, Manager
1586 County Road 300
Parachute, CO 81635
SUBDIVISION IMPROVEMENTS AGREEMENT
(Monument Ridge Subdivision)
THIS AGREEMENT is made and entered into this
-
day of 2005 by and
between MONUMENT RIDGE,LLC, a Colorado limited liability company ("Owner") and the
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF
COLORADO, ("County" or "Board").
WITNESSETH:
WHEREAS, Owner is the owner and developer of that certain real property located within
Garfield County, Colorado, heretofore known as Lots 4 and 5, Monument Ridge Exemption
("Subdivision Property") as is more particularly described within the Monument Ridge
Subdivision Exemption Plat recorded in the records of the Clerk and Recorder for Garfield
County, Colorado on June 19 2002, as Reception No. 605517;
WHEREAS, On December L0,2002, the Subdivision Property received from the County
Preliminary Plan subdivision approval ("Preliminary Plan Approval") pursuant to Resolution No.
2002-t06, a copy of which was recorded in the records of the Clerk and Recorder for Garfield
County, Colorado on December 10, 2002 in Book 1415, at Page 533 and Reception No. 616317;
WHEREAS, Owner has submitted to the County for its approval the Final Plat for the
Subdivision (hereinafter "Final Plat");
WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the
State of Colorado, Owner wishes to enter into this Subdivision Improvements Agreement with the
County; and
WHER-EAS, Owner has agreed to execute and deliver a letter of credit to the County to
secure and guarantee its performance under this Agreement and has agreed to certain restrictions
and conditions regarding the issuance of building permits, certificates of occupancy and the sale
of properties, all as more fully set forth herein below.
NOW, THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, the parties hereby agree as follows:
l. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final
Plat, subject to the terms and conditions of this Agreement, the Preliminary Plan Approval and the
requirements of the Garfield County Zoning and Subdivision Regulations.
2. OWNERTS PERFORMANCE. Owner has constructed and installed or shall
cause to be constructed and installed, at its own expense, those subdivision improvements
("lmprovements") related to the Final Plat which are required to be constructed under the
Preliminary Plan Approval, this Agreement, the Final Plat, and all Garfield County Zoning and
Subdivision Regulations. Regarding the above, the Owner shall comply with the following:
A. All plat documents, if any, submitted prior to or at the time of the Final Plat
approval, including the terms of the certification for Improvements completed prior to the
date hereof, which plat documents are incorporated herein by reference, and made a part of
this agreement;
B. All requirements of the Preliminary Plan Approval, including all requirements
of the Garfield County ZoningCode and Garfield County Subdivision Regulations, as they
relate to the Subdivision;
C. All laws, regulations, orders and resolutions of the County and all affected
special districts;
D. All designs, maps, specifications, sketches, and other materials submitted to and
approved by any of the above-stated governmental entities;
E. The Improvements to be constructed by the Owner shall include, but are not
limited to the following:
(l) Relocation of all fences and/or structures currently existing within the
60-foot right-of-way (30 feet from the respective center lines of CR 300 and CR
303) that abuts the Monument Ridge Subdivision.
(2) Roadway improvements, drainage features and utility structures, as
more particularly described within the following identified plans prepared by High
Country Engineering, Inc. and submitted-herewith as part of the Final Plat:
a. Monument Ridge Grading, Drainage and Erosion Control Plan (HCE
Sheet 4);
b. Monument fudge Subdivision Proposed Cul-de-sac Plan and Profile
(HCE Sheet 5);
e. Monument Ridge Subdivision Dry Creek Road Plan and Profile (HCE
Sheet 5A);
d. Monument Ridge Subdivision Monument Gulch Lane Plan and Profile
(HCE Sheet 5B); and
e. Monument Ridge Subdivision Master Utility Plan (HCE Sheet 6)
(3) Re-vegetation, Weed management and soil management plan set forth
in correspondence from Noel Richardson to Steve Anthony of May 5,2004.
(4) Water distribution systems and irrigation systems, as more particularly
described within the following identified plans prepared by Zancanella and
Associates,Inc. and submitted herewith as part of the Final Plat:
7);
2005.
a. Monument Ridge Subdivision Central Well System Details (HCE Sheet
b. Monument Ridge Subdivision lrigation Plan (HCE Sheet 8); and
c. Correspondence from Tom Zancanella to Michael Erion of January 20,
F. The Improvements shall be completed unless otherwise extended by the Board
within 180 days of the execution of this Subdivision Improvements Agreement.
The County agrees that if all required improvements are installed in accordance with this
Agreement, the Final Plat Documents, the as-built drawings to be submitted upon completion of
the Improvements and the requirements of the Garfield County Zoning Code, all other
requirements of this Agreement and the requirements of the Preliminary Plan Approval, then the
owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision
Regulations of Garfield County, Colorado with respect to the installation of the improvements.
3. SECURITY FOR IMPROYEMENTS.
a. Letter of Credit. On or before the date of the recording of the Final Plat
with the Garfield County Clerk and Recorder, the Owner shall deliver an irrevocable Letter of
Credit in a form acceptable to the County or such other form of security as may be deemed
acceptable to the County in the amount of $310,155.00, which is the estimated cost for
completion of the Improvements, less any amounts certified as complete on the date of filing
hereof, as set forth and certified by High Country Engineering, lnc on Exhibit A attached hereto.
The Letter of Credit required by this Agreement shall be issued by a state or national banking
institution acceptable to the County. If the institution issuing the Letter of Credit is not licensed in
the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall
be "confirmed" within the meaning of C.R.S . 4-5-107(a) by a bank that is licensed to do business
in the State of Colorado, that is transacting business in the State of Colorado, and that is
acceptable to the County. With the exception of that portion of the Letter of Credit to be retained
for re-vegetation of landscaping Improvements in accordance with Paragraph 3(c) herein below,
the Letter of Credit must be valid for a minimum of six (6) months beyond the completion date
for the Improvements. If the time for completion of Improvements is extended through the
execution of a written amendment to this Agreement, the time period for the validity of the Letter
of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or
unenforceable for any reason, including the bankruptcy of the owner or the financial institution
issuing or confirming the Letter of Credit, prior to acceptance of the [mprovements, this
Agreement shall become void and of no force and effect, and the Final Plat shall be vacated
pursuant to the terms of this Agreement.
b. Partial Releases of Letter of Credit. The County shall release portions of
the Letter of Credit as portions of the Improvements are completed to the satisfaction of the
County. Certification of completion adequate to authorize release of security must be submitted
by a licensed or registered engineer. Such certification authorizing release of security shall certiff
that the Improvements have been constructed in accordance with the requirements of this
Agreement, including all Final Plat plans, and shall be stamped upon as-built drawings by said
professional engineer where applicable. Owner may also obtain release for a portion of the
security upon proof (i) that Owner has a valid conffact with a public utility company regulated by
the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that
Owner has paid to such utility company the cost of installation of such utilities required to be paid
by Owner under such contract.
Upon submission of a certification of completion of Improvements by the Owner, the
County may inspect and review the Improvements certified as complete to determine whether or
not said Improvements have been constructed in compliance with the relevant specifications. If
the County determines that all or a portion of the Improvements certified as complete are not in
compliance with the relevant specifications, the County shall furnish a letter of potential
deficiencies to the Owner within fifteen (15) days of such submission of a certification of
completion speciffing which Improvements are potentially deficient. If no letter of potential
deficiency is furnished within said fifteen (15) day period, all Improvements certified as complete
shall be deemed accepted and the County shall release the appropriate amount of security as it
relates to the Improvements that were certified as complete. If a letter of potential deficiencies is
issued which identifies a portion of the lmprovements certified as complete as potentially
deficient, then all Improvements not so identified in the letter of potential deficiencies shall be
deemed accepted, and the County shall release the amount of security that relates to the
Improvements certified as complete and not identified as potentially deficient in the letter.
With respect to any Improvements certified as complete by the Owner that are identified as
potentially deficient in a letter of potential deficiencies as provided in this Paragraph, the County
shall have thirty (30) days from the date of the letter of potential deficiencies to complete its
investigation and provide written confirmation of the deficiency to the Owner. If upon further
investigation the County finds that the Improvements are acceptable, then appropriate security
shall be released to Owner within ten (10) days after completion of such investigation. In the
event the Improvements are not accepted by the County, the Board of Commissioners shall make
a written finding, and the County shall provide Owner a reasonable period of time to cure any
deficiency prior to requesting payment from the Letter of Credit.
c. Security for Re-veeetation. The cost of Iandscaping Improvements is set
forth in Exhibit A and includes an amount sufficient to provide for full re-vegetation as required
under the Preliminary Plan Approval. The Letter of Credit required hereby shall provide security
for all costs of re-vegetation. The Certificate of Completion for landscaping Improvements shall
set forth the costs of re-vegetation, and such amount shall be retained as security flor a period of
two (2) years following completion. At the conclusion of that two (2) year period the amount of
security retained for re-vegetation shall be released by the County upon receipt and acceptance of
a certified letter from the Garfield County Weed Management Director that such re-vegetation is
complete and that the re-vegetation is established.
d. Substitution of Letter of Credit. The County may, at its sole option, permit
the Owner to substitute collateral other than a Letter of Credit in such form as may be acceptable
to the County for the purpose of securing the completion of the Improvements as herein above
provided.
e. Recordine of Final Plat. No Final Plat shall be recorded pursuant to this
Agreement until the Letter of Credit described in this Agreement has been received and approved
by the County.
4.
of Occupancy
WATER SYSTEMS
Domestic Water System. Prior to the issuance by the County of Certificates
any homes located and constructed within the Subdivision, owner shall
a.
for
construct and convey, pursuant to the HOMEOWNERS ASSOCIATION AGREEMENT attached
hereto as Exhibit B, to the Monument Ridge Homeowners Association, Inc, a Colorado non-profit
corporation ("HOA") all appurtenant improvements to the domestic water system located within
the Subdivision, including the water wells and permits therefore, all water lines, all applicable
water rights, and all easements and rights of way necessary to properly operate and maintain the
domestic water system improvements as they shall be constructed and located and in place.
of Occupancy
lrrisation Water System. Prior to the issuance by the County of Certificates
any homes located and constructed within the Subdivision, owner shall
construct and convey, pursuant to the HOMEOWNERS ASSOCIATION AGREEMENT attached
hereto as Exhibit B, to the HOA, all appurtenant improvements to the irrigation water system
located within the Subdivision, including the headgates and measuring devices therefore, all water
lines, all applicable water rights, and all easements and rights of way necessary to properly operate
and maintain the irrigation water system improvements as they shall be constructed and located
and in place.
5' ROADS. All roads within the Final Plat shall be dedicated to the public as public
rights-of-way. The HOA shall be solely responsible for the maintenance, repair and upkeep of
said roads. The County shall not be obligated to maintain any roads within the subdivision.
6. INDEMNITY. To the extent allowed by law, Owner agrees to indemniff and hold
the County harmless and defend the County from all claims that may arise as a result of Owner's
installation of the Improvements required pursuant to this Agreement. However, Owner does not
indemniff the County for claims made asserting that the standards imposed by the County are
improper or the cause of the injury asserted.
The County shall be required to notify Owner of receipt of a notice of claim, or a
notice of intent to sue and shall afford Owner the option of defending any such claim or action.
Failure to notiff and provide such written option to Owner shall extingulsh the County's rights
b.
for
under this paragraph. Nothing herein stated shall be interpreted to require Owner to indemniff the
County from claims which may arise from the negligent acts or omissions of the County or its
employees.
7. TRAFFIC IMPACT FEES. The Subdivision is located in Garfield County
Traffic Study Area 1. Owner shall pay a traffic impact fee to Garfield County of $625.09 or such
other amount as may be established by Garfield County regulations in effect at the time of
approval of the Final Plat. Owner shall calculate the appropriate amount of traffic impact fees.
Owner shall pay one half this amount at the time the Final Plat is approved and the owner or as
applicable, subsequent lot owners shall pay the other half in 17 equal payments, one payment
(lll7) due at the time a building permit is issued for each of the 17 lots in the Subdivision.
8. SCHOOL IMPACT FEES. The approval of the Final Plat constitutes approval
of 17 single-family lots and an equal number of dwelling units. The School Land Dedication
Impact Fee shall be $200.00 per dwelling unit or such other amount as may be established by
regulations in effect at the time of approval of the Final Plat. Owner is obligated to pay these
school impact fees at the time the Final Plat is recorded in the records of the Clerk and Recorder
for Garfield County, Colorado and waives any claim that it is not obligated to pay said fees.
Subsequent to recording of the Final Plat, Owner will not claim, nor is Owner entitled to, a
reimbursement of the school impact fees paid in conjunction with this Agreement.
9.
recording of
Colorado.
10.RESTRICTIONS ON SALE - SUBDIVISION LOTS 11 AI\D 12.
A. Prior to the execution of any contract for sale of those Subdivision Lots identified
within the Final Plat as Lot 11 and Lot 12, Owner shall:
l. Present for execution to the Grantee thereof the Notice and Release attached
hereto as Exhibit C and incorporated herein by this reference; and
2. Record the Notice and Release in the records of the Clerk and Recorder for
Garfield County, Colorado within ten (10) days of execution of said contract for sale or prior to
recording any deed transferring any interest in Lot 1l and 12, whichever time period is less.
B. The provisions contained within the immediately preceding paragraph hereinabove shall
be deemed to be of no application in the event:
1. Ownerobtains a final and non-appealable order in Case # 04 CV 03, Garfield
County District Court, Colorado, confirming that no portion of the public road at issue therein
traverses or lies across said lot or lots. In such event, the Owner and the County shall execute an
addendum to this agreement acknowledging the satisfaction of this provision and shall cause said
SALE OF LOTS. No lots within the Subdivision shall be conveyed prior to
the Final Plat in the records of the Clerk and Recorder for Garfield County,
addendum to be recorded in the records of the Clerk and Recorder for Garfield County, Colorado;
or
2. Owner obtains a final and non-appealable order in Case # 04 CV 03, Garfield
County District Court, Colorado, confirming the location of the public road at issue therein as it
traverses or lies across said lot or lots. In such event, Owner shall present to the County pursuant
to the procedures set forth within Section 6:00 the Subdivision Regulations of Garfield County of
1984 (March 2003) and amended Plat incorporating within and dedicating to the County as a
public road all portions of the public road, all portions of the at issue public road as adjudicated
under said Court order. The amended Plat shall incorporate a Plat Note acknowledging that its
filing satisfies all requirements of this provision.
11. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this
Agreement, the County may withhold issuance of building permits for any structure within the
Subdivision. No building permit shall be issued until the Owner demonstrates to the satisfaction
of the Grand Valley Fire Protection District (the "Fire District") that adequate water is available
for the Fire District's purposes at the site of construction. Further, no certificate of occupancy shall
be issued for any building or structure within the Subdivision until all Improvements relating to
the domestic water system have been completed and are operational, as required by this
Agreement. Finally, prior to the conveyance of any lot within the Subdivision, Owner will
provide to the purchaser of that lot a signed copy of Exhibit D attached hereto, notiffing the
owner of the foregoing restrictions upon issuance of building permits and certificates of
occupancy.
12. ENFORCEMENT. In addition to any rights which may be provided by Colorado
statute, it is mutually agreed that the County or any purchaser of a lot within the Subdivision shall
have the authority to bring an action in the District Court of Garfield County, Colorado, to compel
enforcement of this Agreement.
13. CONSENT TO YACATE PLAT. [n the event the Owner fails to comply with
the terms of this Agreement, including the terms of the Preliminary Plan, the County shall have
the ability to vacate the Final Plat as it pertains to lots for which no building permits have been
issued. Any existing lots for which building permits have been issued, shall not be vacated and
the plat as to those lots shall remain valid. The Owner shall provide a survey and complete legal
description with a map showing the location of a portion of the plat so vacated.
14. BINDING EFFECT, This Agreement shall be a covenant running with the title to
each lot within the Final Plat, and the rights and obligations as contained herein shall be binding
upon and inure to the benefit of the Owner, its successors and assigns.
15. RECORDING. Upon execution and authorization by the County, the Owner shall
record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado.
16. VENUE AI\D JURISDICTION. Venue and jurisdiction for any cause arising out
of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be
construed pursuant to the laws of the State of Colorado.
17. AMENDMENT. The parties hereto mutually agree that this agreement may be
amended from time to time, provided such amendment is in writing and signed by the parties
hereto.
18. NOTICE. All notices required herein shall be tendered by personal service or
certified mail upon the following individuals or agents of the parties to this agreement:
Board of County Commissioners of Garfield County
c/o Mark Bean, Planning Director
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Monument Ridge, LLC,
c/o Edward Noel Richardson, Manager
1586 County Road 300
Parachute, CO 81635
with copy to:
Timothy Allen Thulson
Balcomb & Green, P.C.
818 Colorado Ave.
Glenwood Springs CO 81601
ENTERED INTO the date first above written.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COI.INTY, COLORADO
By:
Chairman
ATTEST.
Clerk to the Board
By:
STATE OF COLORADO )
)ss.
cor-INTY OF GARFIELD )
Subscribed and sworn to before me this lJ& auv of
Edward Noel Richardson, Manager of Monument Ridge, LLC, a
Company.
MONUMENT RIDGE, LLC
A COLORADO LMITED LIABILITY COMPA}IY
8r)t', by
olorado Limited Liability
Notary PublIcJ
My Commission expires: rl'rtc-a \ , aoOS
Edward Noel Richardson, Manager
fl:l''U: -cete i?. vAGltEuR .;
%*
Exhibit A of S.I.A.
(Certified Costs)
April6,2fi)5 HCE JOB NO: 2000060.01
QUANTITY I.JNIT I.JMTCOST ESTIMATED COST
Vlobilization L.S.500.00 1,000.m
Earthwort 0ntemal Roads)I L.S.20,000.00 20,000.00
t" Class 6 ABC (Internal Roads)540 Y.23.0t t2,420.00
" Pitrutr 1080 Y.20.0c 2r,600.00
Earihwork (Cormtv Road 3fi)) (inc. culvert olacment)L.S.2.000.0c 2,000.00
['Class 6 ABC (Countv Road 300)80 Y.23.U r,840.00
l'Pitnm (Counw Road 300)160 Y.20.0c 3,200.00
t'Class 6 (Access Drives)80 Y.23.N I,840.00
24" Dira- CMP Culvert 30 L.F.30.0(900.00
l0" Dia. CMP Culvert 80 F.36.0C 2,880.00
ltr/ater Scrrrice Line 4n Sch. 40 (inc. trenchine.210 L.F.18.00 3.780.00
bacldll. and conrpaction)
WaterWells 8 Each 3.187.50 25.500.00
Curt Stops IJ Each 200.00 3,000.00
Meter Pits Each 700.00 4,200.00
Installation of Meter Pits Each 150.00 900.00
hrstallation of Well Punos Each 4.000.00 32,000.00
Punp Test Each 500.00 4,000.m
Blectrical lnstallation for punps and equipment Each 1.000.00 8,000.00
frenchinc. Backfi ll. and Conrpaction 520C L.F.5.00 26,000.00
feleohone / Cable (Owest)I L.S.8,700.0c 8,700.00
Electric (Holy Cross)I L.S.40.000.0(40,000.00
6'PIP (E0 lbs)3944 L.F.8.00 31.520.00
6' Scree,n Boxes Each 125.00 250.00
1.5" HDP Pipe (inc. installation)944 L.F.3.00 2,820.0(
1.5" Ball Valve I L.S.25.00 25.U
6" Ball Valve 7 L.S.I10.00 770.N
8" PVC Pipe 20 L.F.9.00 180.0c
Slide Gate I L.S.300.00 300.0c
Rwccetate/Landscape (0.79 acre)I L.S.2.000.0c 2.000.m
Erosion and Sediment Conrol I L.S.2.000.0c 2,000.00
Class I Ground Sim (Srea.Stoo. Soeed. Etc.)Each 250.m r,250.00
Fence Relocation -<<;ss\200(L.F.3.m 6,000.00
-fla,6 RFnB\,
_#/er$f.i:.::. :1..;.:u 4OXl SUBTOTAL $270,t75.00\gl4oTf' ryc'.{fc^\i
-fY/tl . .ffi- V ENGIITIEERING / INSPECTION sl0,trc0.00T// K.IVATER ENGINEERING sr0.000.00)y //c..rvla .t ATTORNEY FEES s2.000.00
4-V r t ,t.lo-!.'
'%
CONTINGENCY FEE $t3,500.00
t".+^\,.-V I I a | -q1.+" tl
\tB.sil'.'::'."'?$v7 SUBTOTAL f}06J75.00
\:rYtrr--=:/
THIS SUMMARY OF PROBABLE CONSTRUCTION COST WAS PREPARED FOR ESTMATING PURPOSES ONLY.
HIGH COI.JNTRY ENGINEERING IS NOT RESPONSIBLE FOR VARIANCES FROM THIS ESTIMATE AS ACTUAL
COSTS MAY VARY DUE TO BID AND MARKET FLUCTUATIONS. THIS PRICE ALSO DOES NOT INCLUDE
TI{E SHALLOW UTILIry COMPANIES SOFTCOSTS,
I
ri
[:
T
,;,- t.;;;:1.r,!.-i,1.ii.,i,:':'1::.' .,, ' .: . !:\: '.r: ', .. ' .' ,r.I
2
5
I
Exhibit B of S.I.A.
(Homeowner Association Agreement)
t2
HOMEOWNERS ASSOCIATION AGREEMENT
This Agreement is made and entered into this _day of 200-, by and
between Monument Ridge, LLC, a Colorado limited liability company ("Owner") and Monument
Ridge Homeowners Association, a Colorado non-profit corporation ("Association");
WHEREAS, Owner is
Garfield County, Colorado,
particularly described on the
Garfield County, Colorado on
the owner and developer of certain real property located within
also known as the Monument Ridge Subdivision and more
Final Plat recorded in the Office of the Clerk and Recorder for
as Reception No.("Subdivision");
WHEREAS, the rights and obligations of the Owner and the Association instant to the
Subdivision's water supply facilities, intemal road system, utilities, corrmon areas, landscaping
and other facilities of the Subdivision are set forth within the Declaration of Protective Covenants
for Monument Ridge Subdivision recorded in the Office of the Clerk and Recorder for Garfield
County, Colorado on
("Declaration");
in Book _, at Page and Reception No.
WHEREAS, a Subdivision Improvements Agreement ("SIA") between Owner and the Board of
County Commissioners for Garfield County recorded in the Office of the Clerk and Recorder for
Garfield County, Colorado on .in Book _, at Page and Reception No.
-,setsforththeobligationsoftheownerinstanttotheconstructionoftheSubdivision's
water supply facilities, internal road system, utilities, corrunon areas, landscaping and other
facilities with the subdivision; and
WHEREAS the parties hereto wish to enter into an Agreement between themselves in order
to reflect each others duties and responsibilities instant to the control and regulation of the
Subdivision components above described pursuant to the Declaration and SIA above described.
NOW THEREFORE, for consideration of the mutual promises contained herein the parties
agree as follows:
1. Simultaneously with the execution of this Agreement, Owner shall execute a Quit Claim
Deed transferring to the Association the following:
A. Colorado Division of Water Resources Well Permit Nos. 057705-F , 0577 4-F,
05770-F , 57 520-F , 057703-F, 056572-F, 057702-F, 057701-F, 57700-F ("Well Permits");
B. All access, drainage and utility easements within the Subdivision as more
particularly described within the Final Plat for the Monument Ridge Subdivision recorded in the
records of the Clerk and Recorder for Garfield County, Colorado on
at Page and Reception No. ('Final Plat"); and
in Book _,
C. Any and all water rights appurtenant to the RF Ditch and the Musconetcong Ditch.
l3
2. Upon completion of construction thereof in
provisions of the SlA, Owner shall execute and
Association the following:
accordance with the terms, conditions and
deliver a Bill of Sale transferring to the
A. The domestic water facilities ("Domestic System") and all appurtenances to the
Domestic System, including without limitation, wells, pumps, pipelines and appurtenant facilities;
and
B. The irrigation water facilities ("Irrigation System") and all appurtenances to the
Irrigation System, including without limitation, ditches, head gate, and measuring devices.
3. The Association agrees to accept such conveyance as set forth in Paragraphs I and 2
above, and agrees to own, operate, maintain, repair and replace the water facilities, internal road
system, utilities and other facilities of the Subdivision for the benefit of the lot owners of the
Subdivision in strict compliance with the terms and conditions of the following:
All conditions of approval for the Subdivision as set forth by the Board of County
Commissioners for Garfield County, Colorado in Resolution No. 2002-106, recorded
within the Office of the Clerk and Recorder for Garfield County, Colorado on December
10,2002 in Book 1415, at Page 533 and Reception No. 616317;
The terms, conditions and provisions contained within the Declaration;
The terms, conditions, provisions rules and regulations set forth within or
otherwise appertaining to domestic wells under the well permits;
C' West Divide Water Conservancy District Water allotment contract No.
0l0s3lMRHA(A).
4. The Owner agrees to complete the obligations set forth in the SIA and to install those
improvements within the Subdivision in accordance with said agreement.
A.
B.
5. The Owner hereby assigns to the Association any and
associated with the facilities and improvements conveyed to the
received or shall receive.
all guarantees and warranties
Association that the Owner has
6. Except as expressly provided herein, the Association herein agrees to indemnify and hold
harmless the Owner and its agents for any claims associated with the conveyance, use, operation,
maintenance, repair and replacement of the property and facilities described in paragraph l,
above. The Association agrees to comply with the terms and conditions of, and hereby assumes
the Owners' obligations under the agreements and instruments set forth in paragraphs I and 2
above.
7. Subject to the Owners obligation in paragraph 3, by accepting the herein described
property, easements, facilities, and all related obligations, responsibilities, duties and
t4
requirements, the Association herein releases the Owner, its agent and assigns, from all future
responsibility, liability or obligation accompanylng or associated with the subdivision property
and facilities conveyed as described in paragraphs 1 and 2, above, and releases the Owner from
any and all claims that may hereafter be made with respect to such items. The Association
accepts such property "as is" without guarantee or warranty from the Owner of any kind.
Nothing in this paragraph is intended to waive the Owners' obligation set forth in paragraph 3
above.
8. The warranties and obligations of the parties set forth herein that require performance after
the conveyance of the deed(s) that are the subject of this Agreement, shall survive the conveyance
of said deed(s) and shall not merge therewith.
9. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and
assigns of the parties hereto.
10. Upon execution and coincident with the filing of the Final Plat, this Agreement shall be
recorded with the Clerk and Recorder for Garlield County, Colorado.
IN WITNESS WHEREOF, this Agreement is executed on the day and year set forth above.
Monument Ridge, LLC, a Colorado
Limited Liability Company
By
Edward Noel Richardson, Manager
Monument Ridge Homeowners Association
Edward Noel Richardson, Manager
By
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me this day of
-,bY
Edward Noel Richardson, Manager of Monument Ridge,LLC, a Colorado Limited Liability
Company.
Notary Public
Mv commission exoires:
srATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Subscribedandsworntobeforemethis-dayof-,200_,byEdwardNoel
Richardson, Manager of MONUMENT RIDGE HOMEOWNERS ASSOCIATION.
Notary Public
My commission expires:
-
Q(nT CLAIM DEED
THIS DEED, made this _ day of 2OO_, between MONUMENT
RIDGE, LLC, a Colorado limited liability company, ("Grantor"), and THE MONUMENT RIDGE
HOMEOWNERS ASSOCIATION,INC., a Colorado nonprofit corporation, ("Grantee"):
WITNESSETH, That the Grantor, for and in consideration of the sum of Ten Dollars and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents
does remise, release, sell, convey and QTIIT CLAIM unto the Grantee, its successors and assigns
forever, all the right, title, interest, claim and demand which the Grantor has in and to the rial
property, together with improvements, if any, situate, lying and being in the County of Garfield
and State of Colorado described as follows:
See Exhibit A attached hereto and incorporated herein by this reference.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the Grantor, either in law or.quity, to the only proper rrr,
benefit and behalf of the Grantee, its successors and assigns forever; suUiect to all oi the rights
reserved by Grantor to utilize the same set-forth within the Declaration of Protective Covenantsfor Monument Ridge Subdivision recorded in the records of the Clerk and Recorder for Garfield
County, Colorado on in Book at page and Reception No.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
Monument Ridge, LLC
Edward Noel Richardson, Manager
STATE OF COLORADO
COLTNTY OF GARFIELD
)
) ss.
)
Subscribed and sworn to before me this _day of--, _, by
Edward Noel Richardson, Manager of Monument Ridge, LLC, u Colo.udo Lir"iteA fiaUitity
Company.
Notary Public
My Commission expires:
Exhibit A of Homeowners Association Agreement
t7
EXHIBIT A
A. Colorado Division of Water Resources Well Permit Nos. 057705-F,05774-F,05770-F,
O57 7 03 -F, 05 657 2-F, 057 7 02-F, 05 770 1 -F, and 05 7700-F;
B. All access, water well drainage and utility easements within the Monument Ridge
Subdivision as more particularly described within the Final Plat for the Monument Ridge
Subdivision heretofore recorded in the records of the Clerk and Recorder for Garfield County,
Colorado on inBook-atPage_andReceptionNo.-(''FinalPlat'');
C. The domestic water facilities ("Domestic System), including without limitation, all wells,
pipelines, pumps and appurtenant facilities; and
D. The irrigation water facilities ("krigation System") and all appurtenances to the same.
E. Any and all water rights appurtenant to the subdivision property deriving from the RF
Ditch and the Musconetcong Ditch relating to the Quitclaim Deed that is also contained within
Tab H behind the Homeowners Association Agreement.
Exhibit A of Quitclaim to Hommwners Association Agreement
l8
Exhibit C
(Notice and Release)
19
NOTICE AND RELEASE
THIS NOTICE AND RELEASE is entered by and between Monument Ridge, LLC ("Monument
Ridge"),Colorado limited liability company and
("Purchaser")
oard of CountY
Commissioners of Garfield County, Colorado ("Board").
Recitals
WHEREAS, Monument fudge is the Owner and Developer of Lot I I and I-at 12,
Monument Ridge Subdivision, Garfield County, Colorado, according to the Plat thereof filed of
record in the office of the Clerk and Recorder for Garfield County, Colorado on
as Reception #
WHEREAS, Purchaser wishes to purchase from Monument Ridge
tr Lot 1l tr Lot 12;
WHEREAS, said Lots 11 and 12 arepresently subject to claims pertaining to the existence
of a public road which may or may not traverse over and across portions of said Lots;
WHEREAS, the claims hereinabove identified are more fully set forth within the
pleadings to that civil action filed in Garfield County District Court, Colorado under Case # 04
-CV
Of, *hich pleadings are available for inspection in the office of the District Court Clerk
located at 109 8th Street, Glenwood Springs, Colorado,8160l; and
WHEREAS, Monument Ridge has made no representations or warranties to Purchaser
regarding the existence or non-existence of a public road within (El Lot I 1 tr Lot 12) and has
made no representations or warranties to Purchaser relative to the adequacy or inadequacy of the
allegations related thereto as contained within Case # 04 CV 03.
NOW, THEREFORE, for and in consideration of the premises in the following mutual
covenants and agreements, the parties hereby agree as follows:
1. That the Recitals hereinabove set forth are true and accurate and are hereby ratified and
confirmed.
2. That Purchaser shall and does hereby release and forever discharge Monument Ridge
and the County, their agents, employees, personal representatives, successors and assigns from
any and all claims, rights and causes of action of any kind or nature, known or unknown which
thin or later pertain to or arise from the existence of an unplatted public road or right-of-way
which traverses or otherwise impacts (tr Lot I I E Lot 12) to be purchased by purchaser.
20
3. Immediately following execution hereof, the parties agree that this Notice and Release
shall be recorded in the records of the Clerk and Recorder for Garfield County, Colorado and the
terms hereof shall constitute a covenant run in with Title 2 (E Lot I I tr Lot l2).
MoNuvTpNTRIDGE, LLC
A CoLoRADo LMITED LrnstrtrY CoupeNv
By:
Edward Noel Richardson, Manager
srATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me this day of
-,
bY
Edward Noel Richardson, Manager of Monument Ridge, LLC, a Colorado Limited Liability
Company.
Notary Public
My Commission expires:
PuRcHesrR
By:
STATE OF COLORADO )
)ss.
CoI-INTY OF GARFIELD )
Subscribed and sworn to before me this ,byday of
Purchaser.
Notary Public
My Commission expires:
2l
Exhibit D
(Homeowners Notice Regarding Building Permits)
NOTICE REGARDING BUILDING PERMITS
TO: All purchasers of lots within the Monument Ridge Subdivision.
YOU ARE HEREBY NOTIFIED, that under applicable Garfield County regulations you
may not corlmence construction of a building within unincorporated Garfield County, including
the Monument Ridge Subdivision ("Property"), prior to issuance of a building permit by Garfield
County. Under the terms of the Subdivision Improvements Agreement between Garfield County
and Monument Ridge, LLC and the subdivision approvals issued for the Property, Garfield
County will not issue building permits for the Property unless it can be demonskated to the
satisfaction of the Grand Valley Fire Protection District that there is adequate water available to
the construction site for the Fire District's purposes and all applicable Fire District fees have been
paid to the District. Furthermore, no certificate of occupancy for any building located within the
Property will be issued by Garfield County unless it can be demonstrated to the satisfaction of the
Garfield County Department of Building and Planning that all subdivision improvements,
including all appropriate water facilities, have been completed and are operational in accordance
with this Subdivision Improvements Agreement and have been conveyed to the Homeowners
Association.
Monument Ridge, LLC, a Colorado
Limited Liability Company
By:
The foregoing was read
Monument Ridge Subdivision.
Edward Noel Richardson, Manager
and understood by the undersigned Purchaser of Lot
Purchaser
Notice Regarding Building Permits
By:
23
( .lt
AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR
MONUMENT RIDGE
TABLE OF CONTENTS
WTINESSETH. .......1
ARTICLE I.
APPLICABILITYOFRESTATEMENT ....,2
ARTICLE II.
OWNERS-HOMEOWNERSASSOCIATION .......2A. Membership ......2B. AssociationMeetings.... .....3C. DeclarantControl .......4D. Purpose ......4
ARTICLE III.
PERMITTEDUSES .......4A. PrimaryDwellingunits ......4B. Outbuildings. .....4C. AgriculturalUses .......5D. OtherUses ........5
ARTICLE IV.ARCHITECTURALCOMMITTEE.. .......5A. ArchitecturalCommittee. .....5B. ApprovalbyArchitecturalCommittee ... ......GC. Improvements-Sitelocation.. ........6D. BuildingPermit ....GE. Variances ....7F. GeneralRequirements. .......71. Matrials ........22. Sitelocation.... ......7
PreliminaryApprovals ... ....7
Architechrral and SiteDevelopmentPlans .....8ArchitecturalCommitteeNotliable ......8I{rittenRecords ........8
Authority to Promulgate Rules and Regulations . . . . . . . . . . 8
ARTICLE V.
ISDSDESIGNANDPERFORMANCESTANDARDS ......8
G.
H.
I.
t.
K.
ARTICLE VI.
ISDSMANAGEMENTPTAN .......10
ARTICLE VII.
RESTRICTIONS AND PROTECTIVE COVENANTS .. . . . . 11A. NoFurttrerSubdivision.. ....I1B. Duplexes/lVlulti-FamilyStructures ... ...1.2C. Fencing .....12D. Lighting ....12E. DomesticAnimals .....12F. Horses ......14G. Ranch and Farm Animals . . . .14H. Underground Utility Lines . . .14SenriceYardsandTrash .....14
NoMining Drilling orQuarryir,g.. .....14K. DomesticWaterl4rells .......1.4L. WastewaterTreatment.. .....15M. Hunting ....15N. TrashContainers .......15O. DamageWaiver ...15P. RemovalofCarcasses... .....16
O. Penaltieq/WildlifeRestrictions ....1G
ARTICLE VIII.
RESTRICTIONSONLOTS ....16A. Number and Location of Buildings . . . . . .1,6B. FireProtectionProvisions.... .....1GC. CompletionofConstmction .......17D. Used or Temporary Stnrcfures . . . . .17E. Enclosure of UnsightlyFacilities andEquipment ... .....12F. Noxious or Offensive Activity or Sounds . . . . .17G. AirQualityRestrictions .....19H. Fireanns .. .. 1gCommercialActivities... ....18l. GeneralRestriction ....18
ARTICLE IX.
ASSESSMENTS-COLLECTION AND ENFORCEMENT .18A. Budget
I.
L
B. Assessments .....n
ll
SpecialAssessments ...20
LienforNonpaymentofAssessments. .......20
EnforcementAction ....2L
LimitationsonActions ......?2
ARTICLE X.
RESERVEDEASEMENTS .....2?,
A. Easements Shown on Final Plat . . ..?2
B. Easements forUtilities, Access and Repairs .. ..,...22
ARTICLE XI.
INSURANCE .. .....23
A. Typesoflnsurance... .......23
ARTICLE XII.
GENERATPROVISIONS ......?A
A. RestatementtoRun ....?/l
B. Enforcement.. ....V1
C. TernrinationofRestatement... ....2/l
D. AmendmentofRestatement... ....?/L
E. Severability.. ....?lL
F. ParagraphHeadings ....2/L
G. Limited Liability .......?.5
C.
D.
E.
F.
iii
AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR MONUMENT RIDGE
THIS AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR MONUMENT RIDGE (hereinafter this
"Restatement'') made and entered into this -rl day of / ' , Z0OS,
revokes in its entirety the DECLARATION OF COVENANTffiaONDITIONS AND
RESTRICTIONS FOR MONUMENT RIDGE heretofore recorded in the records of the
Clerk and Recorder for Garfield County, Colorado onluly 'l,2,2}O2in Book l3S9 atpage 103
and Reception No. 606907 (hereinafter the "Revoked Declaration"). The Revoked
Declaration shall be replaced by this Restatement.
WITNESSETH:
WHEREAS, David Wasserman (hereinafter "Wasserman") is the present owner of
Parcels l,Zand3of theMonumentRidge Exemption (hereinafterthe"Exemption parcels"),
according to the subdivision exemption plat heretofore recorded in the records of the Cterk
and Recorder forGarfield County, Colorado on fune lg,2frOZ as Reception No. 605517
(hereinafter the "Exemption Pla();
WHEREAS, Monument Ridge LLC, a Colorado limited liability company
(hereinafter "Monument Ridge") is the owner of Monument Ridge Exemption parcels 4 and
5 as more particularly described within the Exemption plat;
WHEREAS, Monument Ridge has re-subdivided the Monument Ridge Exemption
Parcels 4 and 5 into 17 separate and individuat lots (hereinafter the "subdrivision iots")
according to the plat heretofore recorded in the records of the Clerk and Recorder for
Garfield Countyon 2005 as Reception No.(hereinafter
the "Subdivision Plat");
WHEREAS, the Exemption Parcels and Subdivision Lots constitute %100 of the real
property subjected to and burdened by the Revoked Declaration;
WHEREAS, in approving the Subdivision Plat, the Board of County Commissioners
for Garfield County, Colorado (hereinafter the "Board") imposed numerous restrictions and
obligations uPon the Subdivision Lots additional to those imposed by the Board under its
approval of the Exemption Plat and thus applicable to the Eiemption Lots; and
Amended and Restated Restatement of Protective Covenants
Monument Ridge Subdivision
Page I of26
April 12,2005
WHEREAS, by this Restatement, Wasserman and Monument Ridge desire to create
rules and a decision making process to govern the development of the Exemption Parcels
and Subdivision Lots which, while offering the advantages of certain commonly managed
amenities ,recogruzeand allow for the differences appertaining to said properties under the
Board's approvals above stated.
NOW THEREFORE, Wassennan and Monument Ridge, together as joint Dedarants
and as the ownersof.l$l% of the propertytherebyimpacted herebymake this Restatement
as of the date of its recording in the records of the Clerk and Recorder for Garfield County,
Colorado
ARTICLE I.
APPLICABILITY OF RESTATEMENT
This Restatement shall burden and run with the title to the real property
hereinbelow identified as follows:
A. Allof the Subdivision Lots contained and more particularlydescribed within
the Subdivision Pla! and
B. All of Exemption Parcels contained and more particularly described within
the Exemption Pla0 provided however, that as against said property the provisions
set forth within Artides VIII. B. and X. B. of this Restatement shall have no
applicability.
ARTICLE II.
OWNERS - HOMEOWNERS ASSOCIATION
A. Membership. The Association shall consist of the following three (3) dasses
of membership
1. All persons or other entities (induding without limitation
Dedarants) who own or acquire all or part of the fee simple title to any of
Subdivision Lots by whatever means acquired shall be referred to herein as
'Subdivision Lot Owners". Each such Subdivision Lot Owner, or if more than one,
all persons and entities collectively who are the owners of a respective Subdivision
Lot shall automatically be considered to have, for each such Subdivison Lot owned,
one membership interest in the Monument Ridge Homeowners Association
("fusociatio."), a Colorado non-profit corporation, in accordance with the Articles
Amended and Restated Restatement of Protective Covenants
Monument Ridge S ubdivision
Page 2 of26
March 3,2005
the
the
of Incorporation of the Association, which have been filed with the Colorado
Secretary of State, as the same may be duly amended from time to time.
All persons or other entities (induding without limitation the
Declarants) who own or acquire all or part of the fee simple title to any of the
Exemption Parcels by whatever means acquired shall be referred to herein as
"Exemption Parcel Owners". Each such Exemption Parcel Owner, or if more than
one, all persons and entities collectively who are the owners of a respective
Subdivision Lot shall automaticallybe considered to have, for each such Exemption
Parcel owned, one membership interest in the association subject to the limitations
hereinbelow set forth.
3. All persons or other entities (including without limitation the
Declarants) who own or acquire all or part of the fee simple title to Subdivision Lots
1-8 by whatever means acquired shall be referred to herein as "bigated Lot
Owners". Each Inrigated Lot Owner shall have all the rights, duties and obligations
as those appertaining to a Subdivision Lot Owner as herein set forth together with
those rights, duties and obligations appertaining to and arising from the operation,
maintenance, repair and replacement of the piped irrigation system serving
Subdivision Lots 1-8.
Except as otherwise provided herein, each member shall be entitled to vote in
Association matters pursuant to this Dedaration on the basis of one vote for eactr Lot
owned. When more than one person holds an interest in any Lot, all such persons shall be
Members. The vote for such Lot shall be exercised by one person or alternative Person
(who maybe a tenant of the Owner) appointed by proxy in accordance with the Bylaws.
In no event shall more than one vote be cast with respect to any one Lot
B. AssociationMeetings. Meetingsof theAssociationforthepurposeof electing
Execrrtive Board Members and affairs shallbe held at least once each year. Special meetings
of the Association may be called by the President, by a majority of the Executive Board of
the Association ("Executive Board") orby Owners having ten percent(LD%) of the votes in
the Association. Not less than ten (10) nor more than ffi (50) days in advance of any
meeting, the Secretaryor other officer specifiedin the Bylaws of the Association shall cause
notice to be hand delivered or sent prepaid by United States mail to the mailing address of
each Owner or to any other mailing address designated in wdting by the Owner. The
notice of any meeting must state the time and place of the meeting and the items on the
agenda, induding the general nature of any proposed amendment to this Dedaration or
Amended and Restated Restatement of Protective Covenants
Monument Ridge S ubdivision
Page 3 of26
March 3, 2N5
the Bylaws, ffiy budget change or any proposal to remove an officer or member of the
Board of Directors.
C. Declarant Control. So long as Dedarant Monument Ridge retains fee tifle
ownership to any Lot, Dedarant Monument Ridge shall be entifled to appoint and remove
the members of the Association's Exectrtive Board and officers of the Association pursuant
to all applicable procedures contained within the Association's Bylaws.
D. Purpose. The Association actingby and through its Executive Board shallbe
authorized and empowered to take each and every step necessary or convenient to the
implementation and enforcement of this Restatement. The Association shall have the right
and responsibility to maintain, preserve, repair, and otherwise protect and promote the
interesti of the Owners with respect to all common properties, facilities and interests of the
Owners and the Association. The Association shall maintain, repair, regulate and keep all
roads and easements within the Subdivision including any such roads dedicated to the
Countyof Garfield,Coloradoin good, safeandusablecondition totheextentthat suchmay
be reasonably necessary, feasible and desirable. The Association shall also maintain, repair,
regulate and keep all domestic water wells and facilities located within the Subdivision Lots
and Exemption Parcels and all of the individual sewage disposal systems ("ISDS's")
installed and located within the Subdivision Lots in good operating order in accordance
with the tersrs and provisions of this Restatement. The Association may enter into
agreements with thfud parties for the performance of the responsibilities of the Association
above described. All costs and expenses incurred by the Association in connection with any
of the foregoing shall be borne by the Members and shall be assessed, all as more fully
provided herein.
ARTICLE III.
PERMITTED USES
A. Primary Dwelling Units. Or,ly one (1) single-farnily dwelling unit shallbe
permitted to be constructed on each Lot. The minimum size of a single-family dwelling
shallbe 2000 square feet, exdusive of basements, open porches, decks, carports and garages.
Guest houses shall be allowed pursuant to and upon application and approval of
appropriate special use pennit(s) by the Board of County Commissioners for Garfield
County, Colorado.
B. Outbuildings. Outbuildings induding but not timited to, greenhouses, tool
sheds, work Eueas, detached garages and the like, are perrnitted on all Lots within the
Restatement of P rotective Covenants
M o nument Rid ge S ubdiv is ion
Page 4 of 26
Subdivision. The gross floor area of any single Outbuilding shall not exceed 2,000 square
feet.
C. Agricultural Uses. The raising and hawesting of crops, gardening,
greenhouse, nursery and orchard uses and activities shall be pernritted within the
Subdivision; provided however, that any and all such agricultural uses and activities shall
remain subiect to all other applicable provisions and restrictions of this Restatement,
including but not limited to those contained within Article VI, Sections F and G governing
the stabling, boarding and keeping of animals and Artide VI Section H governing
commercial uses.
D. Other Uses. The following idenffied Other Uses shall be permitted within
the Subdivision only upon the approval of the same by the Board of County
Commissioners for Garfield County, Colorado pursuant to Section 9.02 of. the Garfield
County Zontng Re gulation s :
1. Arts and crafts studio
2. Home occupation
ARTICLE IV.
ARCHITECTURAT COMMITTEE
A. Architectural Committee. The fuchitectural Committee shall be composed
of three (3) natural persons. Monument Ridge, may from time to time appoint and remove
the members of thsArctritectural Committee in Monument Ridge's sole discretion, and the
Executive Board of the Association shall have no authority to remove .rny member so
appointed. Upon the sale of the last Lot, any new members of the Architectural Committee
ri.utt be appointed by the Executive Board of the Association. The Persons serwing on the
Architectural Committee shall serve at the pleasure of the Executive Board who may
remove a member of the Architectural Committee, except a member appointed by
Monument Ridge, and appoint a new member at any time, provided there shall at all times
be ttuee (3) persons serving on the fuchitectural Committee. The members of the
Architectural Committee may also be directors of the Executive Board and need not be
Owners. The fuchitectural Committee shall have and exercise all the powers, duties and
responsibilities set out in this instrument. The Architectural Committee shall not be
obligated to have regtrlar meetings, but shall meet as necessary to conduct the business of
the Commiftee. All members of the Committee shall be provided at least ten (10) days
advance notice of all Committee meetings.
Restatement of P rotective Covenants
Monunent Ridge Subdiv ision
Page 5 of26
B. Approval by Architectural Committee. No improvements of any kind,
including, but not limited to, dwelling units, greenhouses, garages, tool sheds, work ateas,
fences, walls, driveways, towers, antennae, satellite dishes, kennels, exterior lighting,
corrals, flagpoles, curbs and walks shall be constructed, erected, altered or perrtitted to
remain within the Subdivision unless the complete architectural and site development
plans and specifications (and suchotheritems as areindudedin the"Plans" definedbelow)
for such construction or alteration are approved by the fuchitectural Committee prior to
the commencement of such work, except as Monument Ridge maybe specifically pennitted
to do by this Restatement or required to do by any subdivision improvements agreement
between the Monument Ridge and Garfield County. Re-vegetation of all infills and cuts
willbe required.
Atleastthree (3) complete setsof thearchitecturaland site developmentplans
and specifications (collectively "Plans") shall be submitted to the fuchitectural Committee.
All copies of the Plans shall be signed and dated for identification by the Owner or his
architect. The Architectural Committee shall have the right to request whatever additional
specification inforrnation, plans, specifications, reports and the like it deems necessary to
evaluate the development proposal throughout the approval and construction process. In
addition, thefuchitecturalCommitteemayadoptrules and regulationswhich shall specify
additional information, reports, plans, specifications and the like required to be submitted
to the Architectural Committee and to be deemed part of the Plans for all PurPoses
hereunder. In the event the Architectural Committee fails to take any action within tttfuty
(30) days after three (3) copies of the Plans have been submitted to it and the submittal has
been certified in writing by the fuchitectural Committee as complete, then all of such
submitted architectural plans shall be deemed to be approved. The Architectural
Committee shall not unreasonably disapprove any Plans . The majority vote of the full
number of members of the Architectural Committee then in office shall be required for any
approvals described herein.
C. Improvements - Site Location. All structures or improvements shall be
constructed within the approved building envelopes depicted on the Final Plat.
D. Building Permit. An Owner may apply for a building permit from the
Garfietd County Building Departnent at any time; provided, however, that the Plans
approved by the Building Department shall not differ in any substantial way from the Plans
approved by the Architectural Committee. If the plans approved by the Building
Deparhent differ in any substantial way as determined by the fuchitectural Committee,
then all approvals of the fuchitectural Committee shall be deemed automatically revoked
Restatement of Protective Covenonts
Monument Rid g e S ubdiv is io n
Page 6 of26
and Owner shallbe required to re-apply to the fuchitectural Committee in accordance with
the procedures herein above set forth.
E. Variances. Unless specifically prohibited by a provision of this Restatement,
the Architectural Committee may, by * affirmative vote of a majority of the full numbers
of members of the Architectural Committee then in office, allow reasonable variances as to
any of the covenants and restrictions goveming architecfural control contained in this
Restatement and/or policies or rules promulgated by the Architectural Committee, on such
tenms and conditions as it shall require. No variance shall be granted which contravenes
any provision of this Restatement which was required by an approval obtained by
Monument Ridge from Garfield County for the Subdivision or which violates the Garfield
County Land Use and Building Codes. No variance shall be granted without written notice
of the request for such variance provided ten (10) days prior to the hearing for said variance
to all Owners. Notice to such Owners shallbe deemed effective when placed in the United
States Dd, first-class postage prepaid, certified with retum receipt requested, ild
addressed to the last known address for each Owner as provided to the Association.
F. General Requiremente. The fuchitectural Committee shall exercise its best
judgment to see that all improvements and alterations within the Subdivision hamonize
(to the greatest extent possible) with the natural suroundings within the Subdivision and
with other strucfirres and improvements within the Subdivision as to design, materials,
color, siting, height, grade, finished ground elevation of neighboring lots, established
drainage and other design features.
1. Materials. The Architectural Committee shall evaluate, among other
things, the materials and colors to be used on the outside of buildings or structures,
and the har:nony of finished grade and floor elevation with the natural contained
within the Subdivision.
2. Site Incatioa. The Architectural Committee shall exercise its iudgment
to preserve the natural characteristics of each Lot induding trees, vegetation, and the
natural setting of each building site. The fuchitectural Committee shall evaluate the
relationship of any proposed structure or improvement to topography, the view
sheds of and relationships to other existing or potential structures and
improvements in the Subdivision.
G. Preliminary Approvds. Owners who anticipate constructing or modifying
structures or improvements on a Lot may submit preliminary sketches or plans thereof to
the fuchitectural Committee for informal and preliminary approval or disapproval. All
Restatement of P rotective Covenants
M onument Rid g e S ubdivisio n
Page 7 of26
preliminary sketches should be submitted in at least three (3) sets and should contain
sufficient general inforrration on those matters required to be in the complete Plans to
allow the Architectural Committee to act intelligently in Fving an inforrred preliminary
approval or disapproval. The fuchitectural Committee shall never be committed or bound
by any preliminary or informal approval or disapproval. The preliminary approval process
is offered as anaccommodation only, and thefuchitectural Committee may setfees forthis
service.
H. Architectural and Site Development Plans. The Architectural Committee
shall disapprove any Plans submitted to it which do not contain sufficient inforrration for
it to exercise the judgment required of itby this Restatement.
I. Architectural Committee Not Liable. Neither the Architectural Committee
nor any member thereof shall be liable for damages to any person or entity submitting any
Plans for approval, or to any Owner or Owners, by reason of any action, failure to act,
approval disapproval or failure to approve or disapprove with regard to such Plans.
Neither the Architectural Committee nor any member thereof shall have any liabilig or
responsibility for any representations made to any Owner or prospective Owner by any
third parties. The decisions of the Architectural Committee shall be governed by this
Restatement and any rules or regulations duly adopted by the fuchitectural Committee
pursuant to this Restatement.
l. Written Records. The Architectural Committee shall keep and safeguard for
at least five (5) years complete pennanent written records of all approved applications,
induding one (L) set of the finally approved Plans, and of all actions of approval or
disapproval and all other formal actions taken by it under the provisions of this
Restatement.
K. Authority to Promulgate Rules and Regulations. The Architectural
Committee may promr lgate and adopt rules and regulations necessary to implement this
Restatement. These rules and regulations may indude submission requirements
concerning the tlpe of information, reports, plans and specifications, and other information
necessary to make an informed decision regarding requests for development, alterations
and the like.
Restatement of Protective Covenants
M onununt R id g e S ubdivis ion
Page 8 of 26
ARTICLE V.
ISDS DESIGN AND PERFORMANCE STANDARDS
Each ISDS installed within the Subdivision shall comply with the following
requirements:
A. each system shall be designed by a professional engineer registered in the
State of Colorado pursuant to Colo. Rev. Stat. SIL%-177 (1999');
B. each system design shall adequately address the soil percolation conditions
present at the Lot site, whichpercolationrates shallbe verified throughappropriate on-site
testing
C. each system shall be designed to adequately service at least (4) bedrooms;
D. the tops of all tanks or risers extending therefrom shall be surface accessible
to facilitate system testing and maintenance; and
E. all absorption fields shallbe sized to adequately seruice (4) bedrooms. Trench
segments with at least (6) feet of separation shall be used whenever practically feasible. A
minimum of (3) similarly sized trench segments should be installed with alternating values
or a distribution box that allows isolation of each segment. Monitoring pipes shall be
installed at the far end of each trench segment to allow inspection of field condition. If a
bed must be utilized, single dosed zones shall be acceptable. If mounding is required to
establish (4) feet of suitable soil, a single pressure dosed zone shall be acceptable. If a bed
or mound is used, a minimum of. (2) monitoring pipes shall be installed at the far end of the
bed or mound.
Following ISDS installation, each Owner shall provide the Association with as-built
drawings depicting, in relation to the other improvements on the Lot, the location and
dimensions of the ISDS facilities induding the absorption field and monitoring pipes, all
applicable desigR, operation and maintenance specifications of the system's manufacttrrer
and written certification from the designing engineer that the ISDS was installed in
conformance with the requirements above stated and all applicable design specifications
of the manufacfurer.
In the event the Association fails to properly implement and enforce the design and
performance standards setforth in this paragraph, the Board of County Commissioners for
Garfield County, Colorado and its duly authorized representatives and agents, shall have
Restatement of P rotective Covenants
Monument Ridge S ubdivision
Page 9 of26
all the right to enter upon the Property and implement and enforce such standards at the
u"p..r."of the Association or exerciie any other right or Power afforded under this
Restatement including, but not limited to, the initiation of appropriate proceedings in the
Dstrict Court for Garfield County, Colorado, to compel enforcement of the same.
The provisions of this paragraph shall not be amended or repealed by Monument
Ridge, the Association or Lot OwnLrcwithout the written consent of the Board of County
Commissioners for Garfield County, Colorado.
ARTICLE VI.
ISDS MANAGEMENT PLAN
A. In order to ensure that each ISDS installed within the Subdivision is inspected
on a regular basis and properly maintained, the responsibility and authority for slch
inspecti"on and maintenance rLutl b" vested exclusively within the Association. This
*r1r"g"*ent plan is not intended to provide for common ownership of the ISDS's or to
proviJe .ooroior, funding for the cor,Jtt r"tion, repair or replacement thereof. Ownership
^*d r"rponsibility for constrrction, repair and maintenEutrce to remain with the Owner.
1. In accordance with the above, the Association shall:
' a. retain as needed the services of qualified personnel to inspect
the ISDS's and to perform all maintenance and repairs necessary to ensure
that same are instatled properly, remain in good operating condition and
comply with the performance requirements set forth within Artide V.
b. inspecttheoperatingcomponentsofeachlsDSwittrin(30)days
of being placed into operation; thereafter, each ISDS shallbe inspected; the
BOD *a fSS contenl of the effiuent being discharged by each ISDS tested
every two years; and
c. maintain at all times written or other Permanent records
documenting the date each ISDS was inspected or tested, the results of such
inspections or tests and the extent of all maintenance and/or repairs
perforrred. All documents maintained by the Association Pursuant to this
provision shall at all times be available for inspection by Lot O*:T and/or
authorized representatives Garfield County Deparhnent of Building and
Planning.
Restatement of P rotective Covenants
Monwnent Ridge Subdivision
Page I0of26
2. The following provisions shall apply in the event the estimated
maintenance or repair costs required of any ISDS exceed in total during any one
calender y €N, $1000.00:
3. the Association shall give the Lot Owner written notice of the nature
and extent of the work necessary, to return the ISDS to good operating condition
and/orbring the ISDS System within theperfornrancerequirements setforthwithin
Article V; and
a. within (30) days of receipt of such notice, Owner shall at his or
her own expense cause to be completed, the repairs set forth within the
notice. In the event Owner fails to complete such repairs within this time
period to the satisfaction of the Association, the Association shall have the
authority, in addition to any other remedy provided within this Restatement,
to take any of the following actions:
(1) to impose against Owner, a fine not to exceed $200.00 for each
dayin whidr the ISDS System remains unrepaired;
(2) to complete on behalf of the Owner the required repairs to the
ISDS. All costs incurred by the Association in connection with
the restoration shall be reimbursed to the Association by the
Owner of the Lot, upon demand. All un-reimbursed costs shall
be a lien upon the Lot until reimbursement is made which may
be enforced in accordance with the provisions of this
RestatemenU and/or
4. In the event the Association fails to properly implement and enforce
the provisions of this management plan set forth in this Artide, the Board of County
Commissioners for Garfield County, Colorado and its drly authorized
representatives and agents, shall have all the right to enter the Subdivision and
implement and enforce such provisions at the expense of the Association or exercise
any other right or power afforded under this Restatement including, but not limited
to, the initiation of appropriate proceedings in the Dstrict Court for Garfield
County, Colorado, to compel enforcement of the provisions of this management
plan.
B. The provisions of this Artide M. shall not be amended or repealed by
Monument Ridge,the Association or Lot Owners without the written consent of the Board
of County Commissioners for Garfield County, Colorado.
Restatement of P rotective Covenants
Mo nument Rid g e Subdivis io n
Page II of26
ARTICTE VII.
RESTRICTIONS AND PROTECTIVE COVENANTS
A. No Further Subdivision. No Lot shall everbe further subdivided into smaller
lots or conveyed or encumbered in less than the full dimensions as shown on the recorded
Final Plaf provided however, that conveyances or dedications of easements, if approved
by the fuchitectural Committee, may be made for less than the fuIl dimensions of a Lot.
Notwithstanding the foregoing, a lot line adjushent between two (2) Lots shall be allowed,
subject, howevet, to any reviews or approvals that may be required by the Garfield County
Land use Code and the prior approval of the Architectural Committee.
B. Duplexes/Vlulti-Family Shrrctures. Duplexes and multi-family structures are
prohibited in the Subdivision.
C. Fencing. Fencing shall be restricted throughout the Subdivision to facilitate
wildlife movetrlents, optimize habitat availability, and reduce wildlife mortality. If
peripheral fencing of the Subdivision is required to restrict domestic livestock grazing on
adjacent properties, fencing shall employ a three sEand barbed wire fence, with strands at
eighteen (18), thirty (30) and forty-two (42) inches above the main ground level.
1. If wood rail fencing is used it shall not exceed forty-two (rg) indres in
height and twelv e (12) inches in width (top view), and an opening in the lower one-
half (%\ of at least sixteen (16) inches to allow passage of deer fawns and elk calves.
Other fence materials such as wood slats, electric wires, or other synthetic materials
may be used but shall not exceed forty-two (CI) inches in height.
2. Owners shall be perrritted a privacy fence, exceeding for:ty-two (A)
inches in height with no openings, to enclose up to two thousand five hundred
(2,500) square feet.
3. If security fencing is required such fencing shall not be more than
seven (7) feet in height and must be so constructed that wildlife movement between
and through the Subdivision and the Lots is not lost or impaired. Such security
fencing shall not enclose more than 2000 square feet.
D. Lighting. All exterior lighting shall be directed downward and towards the
applicanfs property. The Architectural Committee will also recommend that all Owners
make every effort possible to limit the use of exterior lighting at night and shall encourage
Owners to build in such a fashion that all light sources not be directly visible from outside
of the Owners'respective Lot. The intent behind these considerations is to preserve the
Restatement of Protective Covenants
Monument Rid ge S ubdivision
Page 12 of 26
rural character of the Subdivision by limiting exterior lighting as much as possible while
maintaining a safe atnrosphere.
E. Domestic Animds. Except as expressly limited herein, domestic animals such
as dogs, cats, rabbits, caged birds and fish shall be permitted subject to any rules and
regulations which may be promr lgated by the Association.
Owners shall be entitled to keep dogs on their property pursuant to the
following restrictions and limitations and subject to any additional rules and regulations
which maybe promulgated by the Association:
1. no more than one dog, exduding puppies under the age of fifteen (15)
weeks, shall be kept by any Owner at any time upon any one (1) Lot.
2. dogs shall be kept under the control of their Owners at all times and
shall not be permitted to run free or to cause a nuisance in the Property. No dogs
shall be allowed beyond the boundaries of the Lot owned by the person(s) where
the dog is housed unless leashed and accompanied by a person in full control of
such dog.
3. dogsshallnotbeallowedtobarkcontinuously,whichshallbedefined
as barking for a continuous fifteen (15) minute period, induding successive barks or
a series of barks which repeat or resume following a brief or temporary cessation.
4. whennotaccompaniedbyaperson,alldogsshallbeleashed,chained,
"electric fenced," or kenneled. The location of kennels shall be subject to review of
the Architectural Committee.
5. all dogs shall be kept reasonably clean, and all Lots shall be free of
refuse and animal waste.
6. should any dog chase or molest deer, elk or any domestic animals or
Persons, or deskoy or disturb property of another, the Association shall be
authorized to prohibit the Owner or any tenant, invitee, event, guest or other user
of a Lotfrom continuingto maintain the offending animal onhis property and may
take any action necessary to remove the offending animal from the Subdivision.
The offendingdogowner shallbeprovided written notice of such action atleasttwo
(2) days before removal occurs. Within such two (21 day period, the offending dog
shall be kenneled at a licensed kennel. All charges associated with action taken by
Restatement oJ P roteaive Covenants
Monume nt Rid g e S ubdivis ion
Page 13 of26
the Association may be assessed against either the Owner and/or the dog owner, or
both, at the Association's sole option.
which, in the sole discretion and judgment of the Association results in any
7.
in
notwithstanding the foregoin& no animal may be kept upon a Lot
annoyance or is obnoxious to other Owners within the Subdivision.
F. Horses. The open pasturing of horses shall be permitted within the
Subdivision; however, no more than (2) horses maybe kept on any (1) Lot
G. Ranch and Farm Animals. Ranch or farm animals including but not limited
to, cattle, llamas, goats, pigs, and sheep shall be permitted within the Subdivision for the
PurPose of allowing the participation by Lot Owners and the members of their families in
&H, Future Fanners of America or such other similar programs only. AII such randr or fann
animals shallbe atalltimesproperlypenned orcorralledwithin therespective Lot Owney's
Lot and shall not in any event be allowed to remain within the Subdivision for a time
period greater than one (1) year.
H. Underground Utility Lines. All water, sewer, gas, electical, telephone, cable
television and other utility pipes or lines within the limits of Subdivision shall be buried
underground and not be caried on overhead poles or above the surface of the ground.
Any areas of natural vegetation or terain in the Subdivision disturbed by the burying of
utility lines shall be re-vegetated by and at the expense of the respective
-O*r,"rc ."rrir,g
the installation of the utilities no later than the next growing season following installation.
senrice Yards and rrash. Equipment, service yards or storage piles on any
Lots shall be permitted during the time periods during which construction activities are
ongoing. Otherwise, no lumber, metals, equipment or bulk materials shall be kept, stored
or allowed to accumulate outside on any Lot unless the same are entirely contained within
an outbuilding. All scraps, refuse and trash shall be removed from all Lots, shall not be
allowed to accumulate and shall notbe bumed thereon.
No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating
or drilling for any other substances within the earth, including oil, gas, minerals, gravel,
sand, rock and earth, shall not be perrritted within the limits of the Subdivision.
K. DomesticWaterWells. Domestic water service for the Subdivision Lots shall
be provided by individual water wells properly perntitted under Well Permit Nos.0570!F,
0577+F, 05nUF,575?fr-F,05n03-F, 05657LF,05770LF,01701-F, and 57700-F. Domestic
water service to the Exemption Parcels shall be provided by individual water wells to be
Restatemcnt of P rotective Coventnts
Monument Rid ge Subdiv ision
Page 14 of26
properly permitted by the owners thereof. At all times the Owners and the Association
shall comply with all conditions of said Well Permits. Simultaneous with the recording of
this Restatement, Monument Ridge and Wasserman shall assign the aforesaid Well Permits
to the Association. From and after the date of such assignment, the Association shall be
responsible for all charges due the West Divide Water Conservancy District under the
Allohnent Contract as provided therein. The Association is hereby granted the authority
and obligation to accept such assignment of the Well Perrnits and the Alloturent Contract.
The Association shall have the exdusive authority and responsibilities for all
costs associated with ddlling, operating, maintaining, repairing, and replacing each well
which provides service to Subdivision Lots and Exemption Parcels.
L. I4lastewater Treatment. Wastewater treatment shallbe supplied to each Lot
by individual sewage treahent system ('ISDS") installed by each Owner in accordance
with the ISDS Design and Performance Standards set forth within Article V, and
maintained by the Association in accordance with the provisions of the ISDS Maintenance
Plan set forth in Artide VI. The Association shall be responsible for setting all rates, fees or
charges for inspecting, maintaining and repairing each individual system and such rates,
fees or charges assessed by the Association against each Lot for such inspection,
maintenance and repair shall be a personal obligation of the Owner thereof which the
Association shall have the power and duty to enforce.
M. Hunting. Hunting shall be prohibited within the Subdivision. In the event
of conflict with wildlife on a Lot, the Owner shall contact the Colorado Division of Wildlife
to determine appropriate measures to mitigate the conflict. Wildlife which constitutes a
nuisance may onlybe removed or destroyed upon the approval of the Association and only
in a manner approved by the Colorado Dvision of Wildlife.
N. Trash Containers. No trash or garbage shall be accumulated or stored outside
of a dwelling structure unless such trash or garbage is contained within a container certified
as bear-proof by the North American Bear Society, the National Park Service or the
Colorado Division of Wildlife; provided however, that a Lot Owners may use trash or
garbage containers which do not meet the certifications above described so long as:
1. said container(s) is placed outside no earlier than the moming of the
scheduled day of for trash collection by the Owney's waste service provider; and
2. said container(s) is returned to the dwelling stmcture on the same day
of collection by the Owney's waste service provider.
Restatement of P rotective Covenants
Monument Ridge Subdivision
Page I5 of26
O. Damage l{aiver. The Association and the Lot Owners herebywaive and shall
hold the Colorado Division of Wildlife harmless from any and all daims for damages to
landscaping improvements or ornamental plants located within the subdivision resulting
from the activities of big game (deer and/or elk).
P. Removal of Carcasses. The Association and Owners shall be responsible for
the removal and proper disposal of all animal carcasses located within the Subdivision.
a. PenaltiesAArildlife Restrictions. The Association shall assess and enforce
penalties against Lot Owners violating any of the wildlife reshictions set forth in this
Artide VII., as follows: One Hundred Dollars ($100.00) for the first violation committed by
the Lot Owner; Two Hundred Dollars ($200.00) for the second violation: Three Hundred
Dollars ($300.00) for the thfud violation: and for each succeeding violation the fine shall
increase in One Hundred Dollar ($100.00) increments. The dollar amounts of the fines may
be changed upon the approval of the Association.
ARTICTE VIII.
RESTRICTIONS ON LOTS
A. Number and Location of Buildings. No buildings or improvements of any
kind shall be placed, erected, altered or permitted to remain on any Lots except as
approved by the Architectural Committee.
B. Fire Protection Provisions.
L. Each residence of. a size equaling 3,500 square feet or less shall be
equipped with a storage tank of at least 3,000 gallons in size.
2. Each residence of a size exceeding 3,500 squEue feet shall be
equipped with a sprinkler system satisfying the requirements of NFPA13D together
with a storage tank the size sufficient to allow a flow of ?.6 gpmfor a duration of 10
minutes.
3. Each storage tank shall be located within L50 feet of the applicable
residence, shall be open to use by fire department personnel for off site fire
protection use and shall be inspected and maintained by the applicable homeowner.
4. Each residence shall be subject to NFPM99 governing access/egress
requirements and defensible space.
Restatement of Protective Covenants
M onument Rid g e S ubdiv is ion
Page 16 of26
5. Fire deparhent personnel will respond to activation of automatic
fire alarms only when,
a. A flow switch on the fire sprinkler system is activated; or
b. A responsible person for the residence or a runner for the fire alarm
company has confirmed an emergency.
C. Completion of Constmction. Any construction activity on any Lot shall be
completed and fully deaned up within eighteen (18) months from the issuance of a
building permit, unless the Owner of the Lot shall first obtain a variance from the
Architectural Committee to allow for a longer period of consbrrction upon proof of due
rliligence. In the event a variance is not secured and eighteen (18) months from issuance
of a building pennit has passed, the Association may assess penalties in the amount of
$100.00 per day. Owners shall obtain all required certification of acceptance for residential
dwelling within eighteen (18) months of the issuance of building permits unless a variance
extending such time period is issued by the Architectural Control Committee.
D. Used or Temporary Stmctures. Except within an endosed garage, no used
or previously erected or temporary house, structure, mobile home, manufactured home,
or trailer shall be located within the Subdivision. The foregoing prohibition shall not apply
to construction trailers which shall be perrritted for eighteen (18) months from the date of
commencement of construction or until the issuance of a Certificate of Occupancy,
whichever first occurs; provided, however, construction trailers may only be used for
construction, office and storage purposes and shall notbe occtrpied as a residence for any
period of time.
E. Enclosure of Unsightly Facilities and Equipment. AII unsightly sbrrctures,
facilities, equipment and other items, induding, but not limited to, those specified below,
shall be endosed within a solid structure sufficient to screen such things from view from
the common roads and neighboring homes. Any motor home, trailer, camper, recreational
vehide, boat, truck, tractor, motorcycl€, oll terrain vehide, snow removal or garden
equipment and any similar items shall be kept at all times, except when in actual use, in an
enclosed garage. Fuel storage tanks shall be appropriately installed, in accordance with all
applicable governmental rules and regulations. Any storage piles, refuse or trash
containers, utility meters or other facilities, shall be enclosed within a structure or
appropriately screened from view by plantings or fencing approved by the Architectural
Committee and adequate to conceal the same from neighbors, streets and private roads.
Restatement of P rotective Covenants
Monwnent Ridge Subdivision
Page 17 of26
F. Noxious or Offensive Activity or Sounds. No noxious or offensive activity
or sounds shall be carried on upon any portion of the Subdivision at any time, nor shall
anything be done or permitted which may be or become a nuisance to other property or
to the Owners thereby by sight , sound or smell, provided that the Association may
authorize the use of sound and sound devices to control or mange wildlife, livestock or
domestic animals.
G. Air Quality Reshictions. In order to protect against the degradation which
occurs to air quality as a result of the ufiliz2lisn of wood-burning devices, the following
restrictions apply:
1. No open hearth solid fuel fireplaces will be allowed anywhere within
the Subdivision.
All dwelling units within the Subdivision will be allowed an
unrestricted number of natural gas burning fireplaces or appliances.
All dwelling units within the Subdivision willbe allowed one (1) new
wood-buming stove as defined by Colorado Revised Statutes 2,5-74f1et seq., and
the regulations promulgated thereunder.
H. Firearms. The discharge or shooting of firearms is prohibited in the
Subdivision except as may be permitted by rules and regulations adopted by the
fusociation.
I. CommercialActivities. Neithertheconductof anycommercialactivitiesnor
the storage of materials, goods, equipment and other items used or associated with
commercial activities shall be permitted on any Lo! provided, however, that personal
vehicles with a business narne placed thereon shall not be prohibited and Owners shall be
permitted to maintain an office on theirrespective Lots solong as services arenotprovided
which result in the public coming to such Lot on a regular basis.
J. General Restriction. AII Lots shall comply with restrictions contained in any
other section of this Restatement. The Association may adopt, promulgate and enforce
rules, regulations necessary or advisable to implement or interpret the provisions of this
Restatement.
Restatemcnt of Protective Covenants
M onunu nt R id g e S ubdiv is ion
Page 18of26
ARTICLE IX.
ASSESSMENTS_COLLECTION AND ENFORCEMENT
A. Budget. Within thirly (30) days after the adoption of any proposed budget
for the Association, the Association shall mail, by ordinary first-dass mail or otherwise
deliver a summary of the budget to all of the Subdivision Lot Owners, Exemption Parcel
Owners and Irrigated Lot Owners. The budget shall consist of the following three (3)
separate components:
l. The estimated costs and expenses necessary to operate, maintain,
repair and/or replace the water wells and facilities appurtenant thereto serving the
Subdivision Lots and Exemption Parcels. These estimated costs and expenses shall
indude, but not be limited to, those necessary to pay all charges under the
Association' contract with the West Divide Water Consenrancy Dstrict, wages,
utility charges, legal and accounting fees, management fees and the creation of a
reasonable contingency or other reserve or surplus fund for said operation,
maintenance, repair and/or replacement.
2. The estimated costs and expenses necessary to operate, maintain,
repair and/or replace the roadways located within the Subdivision Plat and except
as limited in subparagraph 3. hereinbelow, any and all remaining facilities or
elements owned by the Association. These estimated costs and expenses shall
indude any and all liabilities incurred by the Association under or by reason of this
Restatement.
3. The estimated costs and expenses necessary to operate, maintain,
repair and/or replace the piped irrigation system serving Subdivision Lots 1-8.
Within not less than ten (10) nor more than fifty (50) days from such mailing
or delivery, the Association shall set a date for a meeting of the Subdivision Lot Owners and
Exemption Parcel Owners for consideration of the adoption of the budget. At this meeting,
each of the components of the budget above described shall be considered and adopted
separately. The Exemption Parcel Owners shall be allowed to cast votes counting only as
to the adoption of that portion of the budget idenffied within Section A.1 of this Artide,
herein above. The Subdivision Lot Owners shall be allowed to cast votes counting as to
both those portions of the budget identified within Sections A.1. and A.2. of this Article,
herein above. The Irigated Lot Owners shall be allowed to cast votes counting as to those
portions of the budget identified within Section A.1., A.2. and A.3.
Restatement of Protective Covetwnts
Monument Ridge Subdivision
Page 19 of26
Subject to the above limitations, unless at the meeting sixty percent(60%\ of
the Owners, whether or not present at the meeting, reject the budget, the budget shall be
ratified, whether or not a quomm is present. In the event the proposed budget is rejected,
the periodic budgetlast ratified shallbe continued until such time as a subsequent budget
is proposed by the Association and adopted as herein above provided. The Association
shall adopt a budget and submit the budget to a vote of the Owners no less frequently than
annually. The Association shall levy and assess the Annual Assessments in accordance with
annual budget.
B. Assessments The Subdivision Lot Owners and Exemption Parcel Owners
shall be obligated to pay any assessments lawfully imposed by the Association; provided
however that:
1. Exemption Parcel Owners shall be assessed only for the costs and
expenses budgeted pursuant to Section A.1., herein above. Said assessments shall
be prorated to each Exemption Parcel Owner in accordance with the sharing ratio
which shall be determined by dividing the total number of Exemption Parcels
owned by the total number of Exemption Parcels and Subdivision Lots; and
2. Subdivision Lot Owners shallbe assessed for the combined costs and
expenses budgeted pursuant to Sections A.1. and A.2., herein above. Said
assessments shallbeprorated toeach SubdivisionLotOwnerin accordancewiththe
sharingratiowhich shallbe determined bydividingthe totalnumberof Subdivision
Lots owned by the total number of Exemption Parcels and Subdivision Lots.
3. Irrigated Lot Owners, additionally shall be assessed for the combined
costs and expenses budgeted pursuant to Section A.2., herein above. Said additional
assessments shall be prorated to each hrigated Lot Owner in accordance with the
sharing ratio which shall be determined by dividing the total number of Irrigated
Lots owned by 8 (the total number of Irrigated Lots).
C. Special Assessments. Subject to the above limitations, the Association shall
have the right during any calendar year to levy and assess against all of the Subdivision Lot
Owners/Exemption Parcel Ownersflrrigated Lot Owners, as appropriate, a special
assessment forsuchpurpose orpurposes, in accordancewith this Restatement, theArtides
or the Bylaws of the Association, as may be necessary or advisable. Such special assessment
shall be paid for by the Owner(s) obligated to pay such assessment and shall be due and
payable as determined by the Association.
Restatemcnt of P rotective Covenants
Monument Rid ge Subdivision
Page 20 of26
D. LienforNonpaymentofAssessments. AllsumsassessedbytheAssociation,
any fines which may be levied on an Owner, and unpaid utility fees and assessments
charged to an Owner, shall constitute a lien against such Lot superior (prior) to all other
liens and encumbrances, excePting only:
1. tax and special assessment liens on the Lots in favor of any
goverrlmental assessing uni! and
2. all sums unpaid on a first mortgage of record, induding any unpaid
obligatory sums as maybe provided by encumbrance.
Each Owner hereby agrees that the Association's lien on a Lot for assessments
as herein above described shall be superior to the homestead exemption provided by
Colorado Revised Statutes S3M10-207, et seq., and each Owner hereby agrees that the
acceptance of the deed orotherinstrumentof conveyancein regard to any Lot shall signify
rrr.h grantee's waiver of the homestead right granted in said section of the Colorado
statutes.
Any recorded lien for non-payment of the common expenses may be released
by recording a release of lien executed by the Chairman of the Executive Board.
If any assessment shall remain unpaid after thirty (30) days after the due date
thereof, such unpaid sums shall bear interest from and after the due date thereof at the
macimum rate of interest permitted by law, or at such rate as is determined by the
Executive Board, and the Executive Board may impose a late charge on such defaulting
Owner as may be established by the Executive Board. In addition, the Executive Board
shall be entitled to collect reasonable attorneys' fees incurred in connection with any
demands for payment and/or collection of delinquent assessments. To evidence such lien,
the Executive Board shall prepare a written notice setting forth the amount of such unpaid
indebtedness, the naune of the of the Lot and its legal description. Such a notice shall be
signed by one (1) member of the Executive Board and shall be recorded in the Office of the
Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by
foreclosure of the defaulting Owney's Lot by the Association in like mzutner as a mortgage
on real property upon the recording of a notice of daim thereof. In any such foreclosure,
the Owner shall be required to pay the costs and expenses of such proceedings, the costs
and expenses for filing the notice or daim of lien, and all reasonable attomeys' fees. The
Owner shall also be required to pay to the Association any additional assessments against
the Lot during the period of foreclosure, and the Association shall be entitled to the
appointment of a receiver to collect the same. The Executive Board for the Association shall
have the power tobid on the Lotata foredosure sale and acquire and hold,lease, mortgage
and convey the same. The Association, at its election, and in addition to any other remedies
Restatement of P rotective Covenants
Monument Ridge Subdivision
Page2l of26
it may have at law or in equi$, may also sue an Owner personally to collect any monies
owed the Association.
E. Enforcement Action. The Association, acting by and through its F,><ecutive
Board, shall have the right to prosecute any action to enforce the provisions of all of this
Restatement by injunctive relief, on behalf of itself and all or part of the Owners. In
addition, each Owner and the Association shall have the right to prosecute any action for
injunctive relief and for damages by reason of any violation of this Restatement. The
prevailing pilty in any enforcement action shall be entitled to an award of its reasonable
costs and attorneys' fees. The Executive Board shall be entitled to assess penalties for late
payment of assessments due the Association and to collect interest thereon at rates to be
determined from time to time by the Executive Board but not to exceed one and one-half
percent (l%%\ per month. After ttrirty (30) days written notice to any Owner of a violation
of this Restatement and the Owney's failure to eliminate or cure said violation, the
Association may levy, in addition to the other remedies set forth herein, a pendty of up to
One Hundred Dollars ($100.00) per day for every day the violation exists or continues after
the expiration of said thirty (30) day period.
F. Limitations on Actions. In the event any constmction, alteration or
landscaping work is commenced upon any of the Lots in violation of this Restatement and
no action is commenced within one (1) year thereafter to restrain such violation, then
injunctive or equitable relief shall be denied, but an action for damages shall still be
available to any party aggrieved. This one (1) year limitation shall not apply to iniunctive
or equitable relief against other violations of this Restatement.
ARTICLE X.
RESERVED EASEMENTS
A. Easements Shown on Final Plat. The Association is entifled to use such
easements as are reflected on the Final Plat and the Exemption Plat for the Subdivision.
The Association shall have no obligation to pay any amount for the use and enjoyment of
such easements. The Association shall pay fot the cost of maintaining and repairing any
improvements which it places on any easements.
B. Easements for Utilities, Access and Repairs. There are hereby reserved unto
Monument Ridge, so long as Monument Ridge owns a Lot within the Subdivision, the
Association, and the designees of each (which may include, without limitation, Garfield
County, Colorado and any utility company) easements upon, across, over and under all of
the Lots, with the exception of the building envelope, to the extent reasonably necessary
for the purpose of installing, replacing, repairing, and maintaining cable television systems,
Restatement of P rolective Covenants
M onume nt Rid ge S ubdiv is ion
Page 22 of26
master television antenna systems, security and similar systems, drainage systems,
irrigation systems, streetlights, signage, and allutilities,induding,butnotlimited to, meter
boxes, telephone, gas and elechicity. The foregoing easements may traverse the private
property of any Owner; provided, however, an easement shall not entitle the holders to
construct or install any of the foregoing systems, facilities, or utilities over, under or through
any existing dwelling on a Lot or building envelope as shown on the Plat, and any damage
to a Lot resulting from the exercise of an easement shallbe reasonably repaired by, and at
the expense of, the Person exercising the easement. The exercise of an easement shall not
unreasonably interfere with the use of any Lot and, except in any emergency, entry onto
any Lot shall be made only after reasonable notice to the Owner or occupant.
Monument Ridge specifically reserves the right to convey to the electric
company, natural gas supplier and cable television or communications systems supplier
and any other utility supplier an easement across Erny portion of the Subdivision for ingress,
egress, installation, reading, replacing, repairing and maintaining utility meters andboxes.
However, the exercise of this easement shall not extend to perrritting enty into the
dwelling on the Lot, nor shall any utilities be installed or relocated on any Lot, except as
approved by the Association or Monument Ridge.
Should any entity furnishing a service covered by the general easement
herein provided request a specific easement by separate recordable document, the
Association or Monument Ridge shall have the right to grant such specific, descriptive
easement over the Subdivision Property without conflicting with the terms hereof. The
easements provided for in this Artide shall in no way adversely affect any other recorded
easement on the Property. The Owner of a Lot subject to such easement shall cooperate
with Monument Ridge and the Association and take all actions, induding, without
limitation, executing any documents evidencing such descriptive easement as reasonably
requested by the Association or Monument Ridge.
ARTICLE XI.
INSURANCE
A. Types of Insurance. The Association rnay obtain and keep in full force and
effect the following insurance coverage:
1. Fidelity coverage against the dishonesty of employees, destruction or
disappearance of money or securities, and forgery. This policy shall also cover
persons who senre the Association without cornpensation.
Restalemcnt of P rotective Cov enants
M onument Rid g e S ub div i s ion
Page 23 of26
Coverage for members of the Execrrtive Board and officers of the
Association, induding committee members, against libel, slander, false arest,
invasion of privacy, errors and omissions, and other forsrs of liability generally
covered in officers and directors liability policies.
General liability and property insurance.
Coverage against such other risks of a similar or dissimilar nature as
the Association deems appropriate.
ARTICTE XII.
GENERAL PROVISIONS
A. Restatement to Run. All of the covenants, conditions and restrictions
contained in this Restatement shall be a burden on the title to all of the real property
contained within the Subdivision Plat and the Exemption Pla$ provided however that as
against the Exemption Parcels said covenants, conditions and restrictions shall so burden
the title thereof only to the extent expressly set forth within Artide I.
B. Enforcement. The Association or any Subdivision Lot Owner or Fxemption
Parcel Owner (provided the Association fails to take action after the receipt of reasonable
notice) shall have the right, as herein below limited, to enforce,by aproceeding at law or
in equity, all restrictions, conditions, covenants, resenrations, Iiens and charges now or
hereafter imposed by the provisions of this Restatement.
C. Termination of Restatement. In the event this Restatement has not been
sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and
Garfield County, Colorado, and the provisions herein contained, this Restatement maybe
terminated on ]anuary l, ?fr%, by a majority vote of the votes entifled to be cast by the
Members of the Association at a meeting of the Members duly held. If this Restatement is
not so terminated, then it shall continue to be in full force and effect for successive twenty-
five (25) year periods unless, at the close of a twenty-five (25) year period, this Restatement
is terminated by a maiority vote of the votes entitled to be cast by the Members of the
fusociation at a meeting of the Members duly held. In the event of any such tennination
by the members, a properly certified copy of the resolution of tennination shall be placed
on record in Garfield County, Colorado, not more than six (5) months after the meeting at
which such vote is cast.
D. Amendment of Restatement. This Restatement may be amended by a
majority vote of the votes entitled to be cast by the Members of the Association, said vote
Restatement of P rotective Coveruntts
Monwne nt Rid ge S ubdiv is io n
Page 24 of26
to be cast at a meeting of the Members duly held, provided a properly certified copy of the
resolution of amendment be placed on record in Garfield County, Colorado, no more than
six (6) months after said meeting.
E. Severability. Should any part or parts of this Restatement be dedared invalid
or unenforceable by any court of competent jurisdiction, such decision shall not affect the
validity of the remaining provisions of this Restatement.
F. Paragraph Headings. The paragraph headings within this Restatement are
for convenience only and shall not be construed to be a specific part of the terms hereof.
G. Limited Liability. The Association and the Executive Board shall notbe liable
to any part for any action or for any failure to act with respect to any matter if the action
taken or failure to act was in good faith without malice. The Owners severally agree to
indemnify the Association and the Executive Board against loss resulting from such action
orfailure to actif theAssociationand the Executive Board actedorfailed to actingood faith
and without malice.
IN MTNESS WHEREOF, this Restatement has been executed as of the day and year
first above written.
Restatemenl of P rotective Covenants
M onument R id g e S ubdiv ision
Page 25 of26
Monument Ridge, LLC
| ,t:\
STATE OF COLOMDO
COUNTY OF GARFIELD
)
)ss.
)
Subscribed and swornrn to before me this ta-.-t ,O"y rf 0
X..'
d, 0 . ?.rxJl,by
Manager for Monument Ridge, LLC.
G.,
My commission expires:
/fo^r* %@lil,2p6s,by
Edward Noel Rich
,1SP"",
STATE OF /L
COUNTYW
)
)ss.
)
Subscribed and sworn to before me this
David Wasserrnan.
IIIH,'l'yvz /er/A'Z
My commission expires:ps ^2/- oF
Restatement of Protective Covenanls
Mo numcnt Rid ge S ubdiv is ion
Page 26 of26
6Fr.toe)i sALLY ii oete :i. VAGNEUR j
l\t-g_raly ru8Ltc, STATE OF [luvorsMY COMMtSStoU ;XprnrS, o SrZ t iOi
ywwwl%
3 OFF|C|AL SEAL $
Notary
HOMEOWNERS ASSOCIATION AGREEMENT
This Agreement is made and entered into this l4 day of AtuZ-_2OOa., by and
between Monument Ridge, LLC, aColorado limited liabitity.offiy 1 Ow*r 1 and Monument
Ridge Homeowners Association, a Colorado non-profit corporation ("Association");
WHEREAS, Owner is
Garfield County, Colorado,
particularly described on the
Garfield County, Colorado on
the owner and developer of certain real property located within
also known as the Monument Ridge Subdivision and more
Final Plat recorded in the Office of the Clerk and Recorder for
as Reception No.("Subdivision");
WHEREAS, the rights and obligations of the Owner and the Association instant to the
Subdivision's water supply facilities, intemal road system, utilities, corlmon areas, landscaping
and other facilities of the Subdivision are set forth within the Declaration of Protective Covenants
for Monument Ridge Subdivision recorded in the Office of the Clerk and Recorder for Garfield
County, Colorado on
("Declaration");
.in Book _, at Page and Reception No.
WHEREAS, a Subdivision Improvements Agreement ("SLA") between Owner and the Board of
County Commissioners for Garfield County recorded in the Office of the Clerk and Recorder for
Garfield County, Colorado on in Book _, at Page and Reception No.
-,setsforththeobligationsoftheownerinstanttotheconstructionoftheSubdivision's
water supply facilities, internal road system, utilities, corrrmon areas, landscaping and other
facilities with the subdivision; and
WHEREAS the parties hereto wish to enter into an Agreement between themselves in order
to reflect each others duties and responsibilities instant to the control and regulation of the
Subdivision components above described pursuant to the Declaration and SIA above described.
NOW THEREFORE, for consideration of the mutual promises contained herein the parties
agree as follows:
l. Simultaneously with the execution of this Agreement, Owner shall execute a Quit Claim
Deed transferring to the Association the following:
A. Colorado Division of Water Resources Well Permit Nos. 057705-F, 05774-F,
05770-F,57520-F,057703-F,056572-F,057702-F,057701-F,57700-F ("well permits,');
B. All access, drainage and utility easements within the Subdivision as more
particularly described within the Final Plat for the Monument Ridge Subdivision recorded in the
records of the clerk and Recorder for Garfield county, cororado on
at Page and Reception No. ('Final plat"); and
in Book _,
C. Any and all water rights appurtenant to the RF Ditch and the Musconetcong Ditch.
l4
2. Upon completion of construction thereof in accordance with the terms, conditions and
provisions of the SIA, Owner shall execute and deliver a Bill of Sale transferring to the
Association the following:
A. The domestic water facilities ("Domestic System") and all appurtenances to the
Domestic System, including without limitation, wells, pumps, pipelines and appurtenant facilities;
and
B. The irrigation water facilities ("lrigation System") and all appurtenances to the
Irrigation System, including without limitation, ditches, head gate, and measuring devices.
3. The Association agrees to accept such conveyance as set forth in Paragraphs I and 2
above, and agrees to own, operate, maintain, repair and replace the water facilities, intemal road
system, utilities and other facilities of the Subdivision for the benefit of the lot owners of the
Subdivision in strict compliance with the terms and conditions of the following:
All conditions of approval for the Subdivision as set forth by the Board of County
Commissioners for Garfield County, Colorado in Resolution No. 2002-106, recorded
within the Office of the Clerk and Recorder for Garfield County, Colorado on December
10,2002 in Book 1415, atPage 533 and Reception No. 616317;
A. The terms, conditions and provisions contained with in the Declaration;
B. The terms, conditions, provisions rules and regulations set forth within or
otherwise appertaining to domestic wells under the well permits;
C. West Divide Water Conservancy District Water allotment contract No.
0l0531MRHA(A).
4. The Owner agrees to complete the obligations set forth in the SIA and to install those
improvements within the Subdivision in accordance with said agreement.
5. The Owner hereby assigns to the Association any and
associated with the facilities and improvements conveyed to the
received or shall receive.
all guarantees and warranties
Association that the Owner has
6. Except as expressly provided herein, the Association herein agrees to indemniff and hold
harmless the Owner and its agents for any claims associated with the conveyance, use, operation,
maintenance, repair and replacement of the property and facilities described in paragraph l,
above. The Association agrees to comply with the terms and conditions of, and hereby assumes
the Owners' obligations under the agreements and instruments set forth in paragraphs I and 2
above.
7. Subject to the Owners obligation in paragraph 3, by accepting the herein described
property, easements, facilities, and all related obligations, responsibilities, duties and
l5
requirements, the Association herein releases the Owner, its agent and assigns, from all future
responsibility, liability or obligation accompanyrng or associated with the subdivision property
and facilities conveyed as described in paragraphs 1 and 2, above, and releases the Owner from
any and all claims that may hereafter be made with respect to such items. The Association
accepts such property I'as is" without guarantee or warranty from the Owner of any kind.
Nothing in this paragraph is intended to waive the Owners' obligation set forth in paragraph 3
above.
8. The warranties and obligations of the parties set forth herein that require performance after
the conveyance of the deed(s) that are the subject of this Agreement, shall survive the conveyance
of said deed(s) and shall not merge therewith.
9. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and
assigns of the parties hereto.
10. Upon execution and coincident with the filing of the Final Plat, this Agreement shall be
recorded with the Clerk and Recorder for Garfield County, Colorado.
IN WITNESS WHEREOF, this Agreement is executed on the day and year set forth above.
Monument Ridge, LLC, a Colorado
Limited Liability Company
Monument Ridge Homeowners Association
Noel Richardson, Manager
l6
STATE OF COLORADO
COUNTY OF GARFIELD
Subscribed and swom to before me this l* aay of
Edward Noel Richardson, M
Company.
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD )
Subscribed and swom to before me this fruy of
Richardson, Manager of MONUMENT RIDGE HOMEO
, ?0L5 , by
Ridge, LLC, a Colorado Limited Liability
)
)ss.
)
exnires: t\^* \, acDt. T
&o ;0 , zoo{by Edward Noelffi-ssocnuoN.
Notary hUlic
My commission expires: \o..F0cos
Notary Pub
ffor.rQ\ .t t.'C)j sALLy i: GE,B 2i VAGNEUR .tS'.^ -.'hfu'
t7
QUIT CLAIM DEED
THIS DEED, made this
-
daY of 200_, between MONUMENT
RIDGE, LLC, aColorado limited liability company, ("Grantor"), and THE MONUMENT RIDGE
HOMEOWNERS ASSOCIATION, NC., a Colorado nonprofit corporation, ("Grantee"):
WITNESSETH, That the Grantor, for and in consideration of the sum of Ten Dollars and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents
does remise, release, sell, convey and QIJIT CLAIM unto the Grantee, its successors and assigns
forever, all the right, title, interest, claim and demand which the Grantor has in and to the real
property, together with improvements, if any, situate, lying and being in the County of Garfield
and State of Colorado described as follows:
See Exhibit A attached hereto and incorporated herein by this reference.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use,
benefit and behalf of the Grantee, its successors and assigns forever; subject to all of the rights
reserved by Grantor to utilize the same set-forth within the Declaration of Protective Covenants
for Monument Ridge Subdivision recorded in the records of the Clerk and Recorder for Garfield
County, Colorado on in Book at Page and Reception No.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
Monument Ridge, LLC
Edward Noel Richardson, Manager
STATE OF COLORADO
COI.]NTY OF GARFIELD
Subscribed and swom to before me this _day of ,-rbY
Edward Noel Richardson, Manager of Monument Ridge, LLC, a Colorado Limited Liability
Company.
Notary Public
My Commission expires:
)
) ss.
)
Exhibit A of Hommwners Association Agreement
r8
EXHIBIT A
A. Colorado Division of Water Resources Well Permit Nos. 057705-F, 05774-F,05770'F,
057 7 03 -F, 05 657 2-F, 057 7 02-F, 05 770 I -F, and 05 7700-F;
B. All access, water well drainage and utility easements within the Monument Ridge
Subdivision as more particularly described within the Final Plat for the Monument Ridge
Subdivision heretofore recorded in the records of the Clerk and Recorder for Garfield County,
Colorado on in Book
-
at Page - and Reception No. ("Final Plat");
C. The dornestic water facilities ("Domestic System), including without limitation, all wells,
pipelines, pumps and appurtenant facilities; and
D. The irrigation water facilities ("Irrigation System") and all appurtenances to the same.
E. Any and all water rights appurtenant to the subdivision property deriving from the RF
Ditch and the Musconetcong Ditch relating to the Quitclaim Deed that is also contained within
Tab H behind the Homeowners Association Agreement.
Exhibit A of Quitclaim to Homeowners Association Agreement
l9