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Home My WebLink About4.0 Articles of IncorporationI"IFY 13 '93 14:25 I,ICFLY]1]'I ( PICI(ETT FC P.5/14 I .'.$ aDmy^t FGt AE -rltrrarnttt arDf,m?atltf(\' ABTfCITES OS IIICORPOEAtrION .,ot' oF i:'":i tt: I : .6. GOO$E-CREEK SUBDTVXSION OIyNERST ASSOCTATrON, rNC.*L" The undersisned naturar person of eighteen (tt)i y."I-'Jiot age or more acting as incorporator of a corporation fo5-'fi{t+p.95'p9,se oi forrning a corp6ration pursuant to the provisions o#:l}ha;Sp_1og$o Nonproflt Corporation Act (hereinafter referred to as the nActrr) ado-pts the fotlowing Articles of Incorporation. ARTItrLE, I f"gane The name of the Association Is Goose Creek Subdivision Ownersl Association, Inc. (hereinafter referred to as the ttAseoclationtt) r ARTISIJE IT n_uratioB. The Association shal1 have perpetual existence. ARTICLE ITT EgEPgE." The purposes for which the Association j-s organized are as follows: A. To be and to constitute the homeownerst association for the Goose Creel< Subdivision, consisting of Lots 2,3, 4 and 5r BE described on t,}.e Final Plat of Goose Creek Subdivision, recorded in Garf ield County (,'Lotg,t ) and as ref erred to in the Protective Covenants for e-ooee Creelc Subdivision (ttCovenants'r) to be recorded by the Association, B- To perform the obligations and duties and to exercise the rights and powers of the Assoclation as set forth in the Covenants. C. To manage, maintain, restore or improVe any roads, road easements, weIIs, water Iines, water pumps, uater StOfage tanks or other improverrents or related easements which are used in common by the orilners of t,he Lots within the Subdivision and to admi-nisber water contracts as necessarY' ARTTCI,E IV Potrers In furtherance of its purposes, the Associat.ion shall have the following powerst A. A1l those powers conferred under the Aot. B. AII those Powers necessary duties and to exercise the rights and upon nonprofit corporatj.ons to perform obligations and powers of the Association as T,IHY 13 '9? T4:A5 I.ICFLYIIII & PiCI(ETT PC P.5/t4 set forth in the covenants. c. To do everything necessary, sultable or Praper for the accompiishrnent of "-ny of its nonprof,it corpor-ation purposes, iilluaing uut without limitation thereto, the foL1ot^ring: l. To malce and collect assessments whether annual, special or otherwise against menlcers fof the purpose.of.defraying the costs, "*p*"iE=-u"6 losses, if Ef,Yr of, the Assoclation' 2.Tomanage,contro},operate,maintain,repairand improve any foads, road-eisements, wel1s, water 1inee, water pumps, water storage tani<s or other improvements or related easements used in common by tt" i"naiviEion LoL owners and to administer any watser contracts as necessary. 3. TO enforce covenants, restrictionE or conditions affecting any fi"p."ty or operation of the Assoiiation to the extent trre aE'soti.tiorimay ud authorized under the covenants' 4. To make and enforce rules and regulations with respect to the use of the property in the Subdivision. 5. To engage ln activities and endeavors which may now or hereafter be allowed or permitted by law to actively foster, promote and ad,vance tlre "otni,on lnteresEs of property t"rithin the subdivi5l0n. ARt_rgrJE v MenherEhiPs A. The Association shalL be a membership corporation without certlficates or shares of stock. There shall be one membership in irri-a"u"ci.ation for each of the four Lots wi.thin the Subdivision. No person or L"tity other than an owner as defined in the Covenants may- ue a memher of the Association. Each Lot owner shall have ""ti"g rights, &s set forth in the Covenants on aII matters on which members are entitled to vote. B. The owner or ewners of a Lot shall hold and share a *"o.tc.iitrip-in ttre Assocj-ation in the same proporti"lal interest and by the Eame typ" of tenancy aE the title to ttrat Lot so owned is held. C. The Association nay suspend any owner's votilg rights.l' the Association during any pLriod or pefi,rcls r,rhen the owner fail-s to comply with any rules o-r *regulatl9"-: of the Assocj.ation or with any ouLe-r "fiigiton of the odner of the Lot- under the Covenants. D. A membership In the Assoclation shal} not be assigned, encurubered or transf6rred in any manner except appurtenant to transfer of title to a Lot to which the membership pertalns' l'lriY 13 '9? L4tZ6 l'lCFLYl'll'l & FICKETT PC P.?ttq 3. @. The Association shall have one tothree directors. ARtrTCIIE X rndIeU-[L-fjcation In addltion to and ln no way limlting the powers of auLhority now or hereafter conferred on the Association by these Articles of Incorporation, the bylaws of the Association or by the laws of the State of Colorado, the Associatlon shall possess and may exercise aII powers of indemnlflcation of dtrectors, officers, employees, agents and other Fersons and all powers and authority incidental thereto (lncluding without ]imitation the power and authority to advance expenseE and to purchase and nraintain insurance with respect fherepgl without regard to whether such poqers and authority are provided for by the Act or Bylaws. The board of directors of the Association is hereby authorlaea and empowered on behalf of the Association and without mem.ber actlon to exercise all of the Associationrs authority and po$/ers of indemnification. AREICIJE ET f nco. r. porator The name and address of the incorporator shall be: Martha C. Pickett 320 llest Main Street, Sulte 1 Aspen. C0 81611 .L ExEcuTED this 7 lt'day of April t :,ssz. rtD tor STATE OF COUNTY OE coLoRADO )) ss. PITKIN ) Acknowledged,of Apri}, L992. I{itness my hand and official My commission expires-Augn+et "-)n-*-ucA- hi te\artlates. lnc seal. 26, L994., t .,/ ,lt-Jl t ol7x i7a= ),'L----\'' Noti{ry Publid' -./ v Mar subscribed and Eworn to before me this 3l Y a^ -tr- I'1HY 13 '9? L4:25 l'ICFL'i'l'11'l & PICKETT PC P .4/L4 STIffE RADO CERTIFICATE I, NATALLE MEYER, Saeratary of State of the State of CoTorado hotoby catttty that the ptez,equLsltes for the lssuanoe of thLe cortifl,oate have beea tultLTTed ln oompll- a,nco wtth. taw and ata tound to ooatorm to law. AooordlngTy, tha uaderslgned , by vlrtue of the authorJ.ty vestad ta ua by }av, hateby Jssuas A CERTITICATE O? INCORPOBATION TO CIOOfiE CREEK ffttBDIVISIoN ot{NERS' A$5OC.IA- TTON, T}!IC., .d I{OTf,PRO?TT CORPORAIION. DEPARTMENT oF Datad: M,AY 7, rc?A * \-+,\! ((A\,:I) ) htt/ * SECRETARY OF STA I,1FiY 13 ',92 t4tz4 I'lCFLYilft &PICKETT PC McFLYNN &. PICKETT LAWYERS A PROFESSIONAL CORPORATION 1 HE st/ll't'H.ELisHA t-lo(JsE 32O WEST MAIN sTFiEil'. EUITE I P.O. eoy.'.t ASPEN, COLOR^{DO AI6II TIMOTHY McFLYNN* MARTHA C. PICKETT TELEFT.TONE (503) 925.?Zlt TELECOPIER (,1103) e?5.e44: ' A,N r!M,,r!!,a C^!trdHBh May 13, 1992 Don Deford, Esq.carfleld Courrty Attorney l.O9 8th Street Glenwood Springs, CO BL60L RX ; coog6 creek_Lr+-Eglyl_s lqn vrF Fax (e45-237e) Dear Doni As we discussed on the telephone yesterday, the Artlcles ofIncorporation were accepted and filed by the Secretary of State onIIay L, L992, which f received in my office yesterday. A copy ofthe Certificate of Incorporation and the Articles ard following foryour revlew. We have not yet drafted the Assoclatlon By-Laws,however, they wilr be of standard form and r can provide a copy toyou f,or your comnents if you wish, The By-Laws wiII not berecorded. I bell,eve a}l of the requlreruents whlch you havereguested are set forth in the Articles and t,he PiotectiveCovenants with regards to required membership in the Associationand a procedure for enforcing aEisessments for urater contracts androad uaintenance. As lre spoke yesterday, the only outstanding issue that I amaware of is the pending application to the State Engineerrs Officefor the welr permit whj-ch was submitted on May 6. rt is dur hopethat the Board of County comrnissj-oners can re',riew and approve thefinal plat subJect only to receipt of the welt permit. P.Z/t I'IflY 13 '9? L4IE4 TrcFLYIIII & PICI€TT PC P.3/L4 Don Deford, Esq. May 13, 1992 Page 2 ff I can be of any further assistance or lf you need any additional infotmation, please let, me know. Thank you for your continuing cooperation. Sincerely, McELYNN 6. PICKETT, P.C. McP/k1m Enclosures cc ! Henry llite Gary A. I{right, Esq,Jerry Hartert, Esg. hite\deford.ttr By: