HomeMy WebLinkAbout1.02 Application Volume 1_Part3ilHill IElll lillll llll llllll Hlll lllillll IEI!tllll [llbhi3t-oi,tlatzaas o4:o7P s1'447 P888 l'l RLSDoRF
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", including but not limited (a) to the imposition of reasonable and uniformly
applied fines and penalties, and (b) excluding violators from the Common Area or
from enjoyment of any Association functions, or otherwise."
i 2. Real Estate Transfer Assessment. Section I I .14 of Article XI "Real Estate Transfer
Assessments" of the instrument attached as Schedule I is hereby deleted in its entirety and a new
Section 1 1.14 is inserted in lieu thereof, reading as follows:
Section 11.14 Real Estate Transfer Assessment. Upon the occurrence of any transfer, as
defined below, of an improved or unimproved Lot within Ironbridge (excluding, however, gifts,
transfers for estate planning pu{poses, the second transfer in an IRC Section 1031 exchange
(provided that the transfer assessment has been paid with respect to the first transfer), transfers
by court order or by will or intestacy, transfers to the Association, transfers from Declarant to an
afFrlidte of Declarant for the pulpose of such affiliate developing, operating or holding for resale
the real property subject to such transfer and any other transfers subject to specific exclusions as
adopted by action of the Executive Board), the transferee under such transfer shall pay to the
Association a real estate transfer assessment (the "Transfer Assessment") equal to one-quarter of
one percent (0.25%) of the fair market value, as defined below, of the Lot subjected to transfer in
accordance with the terms and procedures set forth below and such other uniform and customary
procedures, limitations and exclusions as may be adopted by the Executive Board from time to
time.
A. Purpose and Use of Funds. All proceeds from the Transfer Assessments shall
be contributed to th" Irorbridg" Foundation to support philanthropic and charitable
organizations, activities, facilities, events or operations benefiting the general community or the
quality of life at Ironbridge, including, without limitation, public education, open space
preseivation, conservation and environmental measures and other educational, charitable or
ptit*ttropic endeavors. The Ironbridge Foundations is a nonprofit entity formed for the
p*rpor" oi overseeing and administering the proceeds of the Transfer Assessment in accordance
witir this Section und itr governing documents. Notwithstanding the foregoing, in the event the
Ironbridge Foundation hai not been organized and empowered to accept monies at the time that a
Transfer Assessment is collected, the Association shall hold all such proceeds in trust and remit
them to the Ironbridge Foundation upon formation.
B. Definitions.
(i) Transfer. For purposes of this Notice of Levy, "transfel" means and
includes, whether in one transaction or in a series of related transactionS, ffiY conveyance,
assignmelt, lease of 30 years or longer or other transfer of beneficial ownership of any Lot,
including but not limited to (i) the conveyance of fee simple title to any Lot (including any
"orrr.y*"" arising out of an installment land contract or a lease containing an option to
purchase), (ii) the iransfer of more than 50 percent of the outstanding shares of the voting stock
of u .orpo*tio, which, directly or indirectly, owns one or more Lots, and (iii) the transfer of
more than 50 percent of the interest in net profits or net losses of any partnership, limited liability
company, joint venture or other entity leatir referred to hereinafter as a "Business Association")
(other than Declarant) whicir, directly or indirectly, owns one or filore, but "transfer" shall not
5
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mean or include the transfers excluded from
Section.
(ii) Transferee.
and includes all parties to whom any
included in the term "transferee" shall
transferee under this Section.
the Transfer Assessment as described in this
For purposes of this Notice of Levy, "transferee" means
inteiesf in a Lot passes by a transfer, and each party
have joint and several liability for all obligations of the
(iii) Fair Market value. "Fair market value" of the Lot subjected to
transfer shall be the aggreg^t. ,dr. "f "ll **ideration paid or delivered to the transferor for the
transfer as. reasonabt!-aeI".mined by the Executive Board. A transferee may make written
objection to the Association's determination within fifteen (15) days after. th3 Association has
given notice of such determination, in which event the Association shall obtain an appraisal, at
the transferee's sole expense! from a real estate appraiser of good reputation who is qualified to
perform appraisals in ioloraio, who is familiar wiih real estaie values in the county of Garfield'
and who shall be selected by the Association. The appraisal so obtained shall be binding on both
the Association and the transferee. The transferee ihall be deemed to have waived all right of
objection concerning fair market value, and the Association's determination of such value shall
be binding, if no obj-ection is timely made to the Association as provided herein'
D. payment and Reports. The Transfer Assessment shall be due and payable by
the transferee to the Association at ihe time of the transfer giving rise to such Transfer
Assessment. With such payment, the transferee shall make a written report to the Association on
forms prescribed by the Association, fotty describing the transfer and setting forth the true'
complete and actual consideration for the transfer, the names of the parties thereto' the legal
description of the Lot transferred, and ,u"h other information as the Association may reasonably
require. The transferee rray also submit an application for request for exemption from the
Transfer Assessment on forms pr"r"rii"J ty trr.^Arrociation. If the Transfer Assessment is not
paid within thirty (30) days of when d*, tt" transferee shall be subject to all interest' fines and
other remedies applicable to Assessments in default as set forth under the Declaration' including'
without limitation, the right of the Association to lien and foreclose the transferee's Lot'
13. Mofteaeee Rishts Article Deleted. Article XIX "Mortgagee's Rights" of the
instrument attached utS"t
"O"te
I is hereby deleted in its entirety'
14. Dispute Resolution Provisions' A new Article XXII shall be added to the
instrument attached as Schedule I which shall read as follows:
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623133 03/78/20037of81 R406.0gD
O4zO1P 81447 P890 I'l RLSD0RF
O.OO GRRFIELD COUNTY CO
ARTICLE XXII
DISPUTE RESOLUTION
22.t A Resolut with
Declarant, the Association and its members, officers, directors, and committee
members, all persons subject to this Declaration, and any person not -otherwise
subject to thii Declaration who agrees to submit to this Article (collectively,
"B6und Parties"), agree that it ii in the best interests of all concerned to
encourage the amica[]e resolution of disputes involving the Project without the
emotional and financial costs of litigation. Accordingly, each Bound Party agrees
not to file suit i1 any court with reipect to a Claim described below, unless and
until it has first ,rbrrritt"d such Claim to the altemative dispute resolution
procedures set forth in Section 22.3 ina good faith effort to resolve such Claim'
A. Definition of Claim. As used in this article, the term "Claim" shall refer to
*y "luirrr,
gri"rrrr"", or airpute arising out of or relating to (i) the interpretation,
application- or enfor""*"rrt of the Association Documents, (ii) the rights,
obiigations, and duties of any Bound Party under the Association Documents' or
(iii)-the design or construction of improvements within the Project, other than
matters of aesthetic judgment under Section 19.3, which shall not be subject to
review.
Notwithstanding the foregoing, the following will not be considered "Claims"
unless all parties to the matter otherwi." ugr"" to submit the matter to the
procedures set forth in Section 22'3: (r) any suit by the Association to collect
assessments or other amounts due from any Owner, (ii) any suit -by the
Association to obtain a temporary restraining otd"t (or emergency equitable relief
and such ancillary relief u, th" court may deem necessaryin order to maintain the
status quo, (iii) any suit between owners, which does not include Declarant or the
Association as a party, if such suit asserts a Claim which would constitute a cause
of action independeni of the Association Documents, (iv) any suit in which an
indispensable party is not a Bound Party, and (v) any suit as to which any
applicable statute of li*itations would expiie within 180 days of giving the Notice
,"qrrir"d by Sectiol 22.3, unless the parties against who the Claim is made agree
to toll the statute of limitations as to such Claim for such period as may
reasonably be necessary to comply with this Article'
B,Dispute Resolution Procedures'
i. Notice. The Bound Party asserting a claim ("claimant") against
alother Bound Party l"Respondent") shaU give written notice to each Respondent
and to tlie Executive'Board stating plainly and concisely: (i) the nature.of the
Claim, including the persons involiei and the Respondent's role in the Claim' (ii)
the legal basis of tfre Claim (i.e., the specific auihority out of rvhich the Claim
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arises), (iii) the Claimant's proposed resolution or remedy, and (iv) the Claimants
desire to meet with the Respondent to discuss in good faith, ways to resolve the
Claim.
ii. Nesotiation. The Claimant and Respondent shall make every
reasonable effort to meet in person and confer for the purpose of resolving the
Claim by good faith negotiatitn. If requested in writing, accompanied by a copy
of the Notice, the Boa"rd may appoini u ,.p..rentative to assist the parties in
negotiating a resolution of the Claim.
iii. Mediation. If the parties have not resolved the claim through
negotiation *itt in f O auys of the date of the notice described in Section 223'1 (or
within such other period as the parties may aglee upon), the claimant shall have
30 additional days to submit the ctaim to mediation with an entity designated by
the Association (if the Association is not a party to the claim) or to an
independent agency providing dispute resolution services in Eagle County'
If the Claimant does not submit the Claim to mediation within such time' or does
not appear for the mediation when scheduled, the claimant shall be deemed to
have waived the Claim, and the Respondent shall be relieved of any and all
tiuUitity to the Claimant (Uut not third parties) on account of such Claim'
If the parties do not settle the Clairn within 30 days after submission of the matter
to mediation, or within such time as determined reasonable by the mediator.' the
mediator shall issue a notice of termination of the mediation proceedings
inaicating that the parties are at an impasse and.lh1 date that mediation was
terrninated. The Ciaimant shall thereafter be entitled to file suit or to initiate
administrative proceedings on the Claim, as appropriate'
iv.Settlement.Anysettlementoftheclaimthroughnegotiationor
mediation ,hull u"-d*u*ented in writing and signed by the parties. If any party
thereafter fails to abide by the terms of such agreement, then any other party may
file suit or initiate administrative proceedingslo enforce such agreement without
the need to again comply with the proceduies set forth in this Section' In such
event, the party taking action to enforce the ageement or award shall' upon
prevailing, be entitled io ,""or", from the non-complying party (or if more than
one non-co*prvirrg pu.ry, from all such parties in equal proportions).all costs
incurred in enforcing sucir agreement or award, including, without limitation'
attomeY's fees and coufi costs'
c. Initiation of Litieation bv Association. In addition to compliance with the
foregoinguIt",,,@dureS,ifapplicable,theAssociation
shall not initiate l"V:ra1ii"l or administrative proceeding unless first approved by
a vbte of Owners "rr,iU"a
to cast 75o/o ofthe total votes in the Association' except
that no ,u"t uppr*l shall be required for actions or proceedings: (i) initiated to
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enforce the provisions of this Declaration, including collection of assessments and
foreclosure of liens; (ii) initiated to challenge ad valorem taxation or
condemnation proceedings; (iii) initiated against any contractor, vendor, or
supplier of goods or serices arising out of a contract for services or supplies, or
(iv) to defend claims filed against the Association or to assert counterclaims in
proceedings instituted against it. This Section shall not be amended unless such
amendment is approved by the same percentage of votes necessary to institute
proceedings."
15. Conflicts Between Documents. This Resatement hereby revokes and supersedes
the Revoked Declaration. In case of conflict between the Declaration as restated hereby and the
Articles and the Bylaws of The Ironbridge Property Owners' Association, the Declaration, as
restated, shall control.
16. IN WITNESS WHEREOF, the undersigned, being the sole owner of the Property,
has executed this_Restated Declaration of Covenants, Conditions Restrictions and Easements for
Ironbridge on the day and year written below.
DECLARANT:
LB Rose Ranch LLC, a Delaware limited
liability company
By: PAMI LLC, aDelaware limited liability
company, its managing member
By: \"
Title: Authorized Signatory
srATE OF Neur Yort )
) SS,
COTINTY OF NCW YOrK )
The foregoing instrument was acknowledged before me this ;Ut't day of'@f;il,
by Marguerite M. Biogan, as Authorized Signatory of PAMi LLC, a Delaware limited liability
"o*puny,
managing member of LB Rose Ranch LLC, a Delaware limited liability company.-
Mv conrmissionexpires: HlsEALl .)) ^ ,,
t'o""ro*rlA
KANE
H[+lL?lr;iBf,sLt^ir#r
E:\Clients\LB Rose Ranch, LLC\1 stamend-declaration cln6doc
No
'OuatitieO
in New York GountY
rrllv Cimiliis-sidn rxpires June 1912006
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enforce the provisions of this Declaration, including collection of assessments and
foreclosure of liens; (ii) initiated to challenge ad valorem taxation or
condemnation proceedings; (iii) initiated against any contractor, vendor, or
supplier of goods or seruices arising out of a contract for services or supplies, or
(iv) to defend claims filed against the Association or to assert counterclaims in
proceedings instituted against it. This Section shall not be amended unless such
amendment is approved by the same percentage of votes necessary to institute
proceedings."
15. Conflicts Between Documents. This Resatement hereby revokes and supersedes
the Revoked Declaration. ln case of conflict between the Declaration as restated hereby and the
Articles and the Bylaws of The Ironbridge Property Owners' Association, the Declaration, as
restated, shall control.
16. IN WITNESS WHEREOF, the undersigned, being the sole ownff of the Property,
has executed this_Restated Declaration of Covenants, Conditions Restrictions and Easements for
Ironbridge on the day and year written below.
DECLARANT:
LB Rose Ranch LLC, a Delaware limited
liability company
By: PAMI LLC, a Delaware limited liability
company, its managing member
By: \'
Title: Authorized Signatory
srATE OF New Yoflt . )
) SS.
COUNTY OF New York )
The foregoing instrument was acknowledged before me this 3>s\ day of'1'-':Wd{;i!,
by Marguerite M. Blogan, as Authorized Signatory of PAMI LLC, a Delaware limited liability
"o*puny,
managing member of LB Rose Ranch LLC, a Delaware limited liability company.-
Mv conrmisiion expires: HISEAL] ... )
n'blt"ro*rlA
KANE*l[tll,?J[:itf,SttliJ'f
Ou"atitieO in New York CountY
r,av ciniririision rxpires June 19;2006
E:\Cliens\LB Rose Ranclt, LLC\l stamend-declaration cln6doc
No
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assigns, approves the revocation of the Revoked Declaration and the recording of the foregoing I
Restated Declaration of Covenants, Conditions Restrictions and Easements for Ironbridge I
fl:"J::f,*::1""1iltr""#ff:T*,r:#H3:."J;T#iff?1ffii1,:iffiiJ::]::ffi,1:yf Iotherwise affect the covenants, conditions, restrictions and easements established by that
Declaration
Lehman Brothers Holdings' Inc'' doing I
business as Lehman Capital, a division of a I
|JHffitH"thersHoldings'Inc''
aDelaware
@lffilO srArE oF New York
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CoUNTY oF New York ) . ,.t[
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SCHEDULE I
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ARTICLE I
DECLARATION AND SUBMISSION
Declarant hereby declares that the Property shall be held' sold and conveyed subject to the
covenants, restric,tions and easements which are for the purpose of protecting the value and
desirabiliry of the Property, and which shall ri-,n 't,,itf if'o f *a *i bt bit'ding on atl parties and heirs'
successors, and assigns of parries having ""y rigrrr, ii,r" ?: l"::1::: in all or any part of the Property'
Additionally, O*f**t t Jr"Uy *U*itr-tt "
p.Jp"rty to the provisions of the Act'
ARTICLE II
DEFINITIONS
section2.l Definitions. The following words when used in this Declaration orany
Supplementat uectaratffiSf ir,"onrirt"ni*iit rt " context of this Declaration, shall have-the
foliowine meanings:
A...AbairdonedandllooerableVehicle,'hasthemeaningsetforthinSection
17.lQ.
8...&!,,meanstheColoradoCommonlnterestownershipAct,C.R.S.$38-
33.3-101 et Stq.
C...ArmexableProPerty,,mearrStherealpropertywhichissubjecttotheP'U.D
for rhe Rose Ranch and which is not initiailv m"de subject to.trre terms and provisions of this
Declaration. The real pfoperty which .o*pioii'"t the AinexaU'e Properly is depicted and on the
ptar as ,.Furure Develtpment,, parcels *d'it ;;;; frticularly descritedlon Exhibit B' attached
hereto and incorporated hereirr by this reference'
D eclara ti o n o! P r otec tiv e Cove n an ls
Rose Ranch P.U.D., Phose I
I 3-Sep'99
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D. ..4{i!.88,' ltear.t the A:ticles of Inco4roratiou for The Rose Rarich Plopefly
Owners Associatiorl, Inc., on file wjth the Coiorado Secretary of State, and aly auiendtneDts which
nr.ay be made to those Ar-tjcles froni tinte to titrte.
.,Auu.al Assessnrent,, nleatls the Assessnrerit jevied anriuaily.
"Asss.Esulg4lg" nlea:rs the A'mual, Special, and DefaultAssessnlents levied
below. Assessme,ts are further defined as a Comnron Expense Liability as
H. "Association Documents" means tiris Decla:'ation, flte Articles of
Incorporation, andtire Bylaws ofthe Association, and anyprocedures, rules' regulatiorx' orpolicies
E.
F.
pursuant to y'':tjcle XI
defined under tire Act.
G.
Colorado nonprofi t corporation, and
K.
time to time.
D eclarat i on of Protective Cottetrcnls
Rose RancJt P.U.D., Phase J
I j-Sep-99
means The Rose Ranch Properly Owners Associatiorl' IDc'' a
its successors and assigns.
adopted under such documents by the Association'
the rneaning set forth in Section 13'1'"Association-Insured Properf.y" has
.'Association Rules" means the rules and regulations adopted by the
.,Bylaws,' means the Bylaws adopted by the Association, as arnended from
L. "Comrnon Atea'l*"urrs all oftherealproperty depicted and identified onthe
plat as "Corrrmon Area" and improvements thereon, if any,in wtrictr the Association owns or has
an interest for the coruron use a1d enjoyrnept of all of the Owners on a n'on-exclusive basis' Such
interest may include, without iimitation, estates in fee, for terms of years' or easenrents' "Common
Area" is fui-ther defined as a Coru:ron Element as defined under the Act'
M. "cornmon Expenses" means (i) all expenses expressly declared to be comrnon
expenses by this Deciaration or the nytr*, oi it " Associatioir; (ii) all othei' expenses of
adninistering, servici.g, conserving, *uiging, maintaining, repairinq, olreplacing the Cornuron
A"r-ea; (iii) insurance prerniums for the i.r*uii"" canied under A.rticle X; and (iv) all expenses
larvfully detenuined to be cornnon exPellses by the Executive Board of tire Association'
N. ..DeclaLant"nleans Roar-ing Fork lnvesttlent, L.L.C., a Coiorado iimited
liabilify compally, and its successors aud assigus'
O. .,Declaration" nieans and refers to tliis Declaration of Covenants, Conditiotls'
Restrictior-rs and Easements for Tire Rose Ranch'
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in and created pursuant to Article XVI below-
S. "Drainage Structures" has the meaning set forur in Section 9'6'
T. "Executive Board" means the goveming body of the Association elected to
perfor::: the obligatior6 ottn" e.sociation relative to the operation, maintenance, and management
of the Property and all improvernents ou the Property.
U.
V.
" has the meaning set forth in Section
15.5.
P. "Default Assessnrent"
irursuaut to Article Xi, Sectio:t 11.7 below.
a
and supplenrented
R.
"Design Guidelines" nleans tlie guidelines and r-r-rles llublished and atreuded
from ti:le to tinre by the Design Review Boald'
"D esi grr Revi ew B o ard" m ealls ard refers to th e D esi gn Review B o ard defi ned
mears tlre Assess:lrent levied by the Association
a person or entity engaged by the Association to
of m. Association, as tite Executive Board may
rrleans the real property located in Garfield County' Colorado'
more particularly described on the attached Exhibit C'
w'..FirstMortgage,,meansanyMortgagewhichisnotsubordinatetoahyiien
or e rcumbrance except liens for taxes, iiens for Assessrnents or other liens which are given priority
by statute.
X. "First Mortgagee" means any Pers'n named as a mortgagee or beneficiary in
any First Mortgage, or any successor to the interest of .ry such person under such First Mortgage'
1'. ..Lot" means a plot of land subject to this Deciaration and designated as a
.,Lot,,on any subdivision plat of the Property recordedby Declarant iir the office of the Clerk and
Recorder of Garfield County, Colorado, iogether with all appurtenalges^and imnlovements' now or
in the future, o1the Lot. "Lot" aiso has tte meaning ascrited to it in Section 15'3 hereof' Lot is
further defined as a Unit as defined under tile Act'
Z. "Manager" shail mean
perfomr certain duties, powers, or functions
authorize fi'om tinre to time.
Association.
D eclar al.io rt of P r o Lectfu e Cov enal'Lt s
RoseRan.ch P.U.D., Phase l
I j -Sep-9 9
AA. .,Mgubgl" shall mean every person or entity rvho irolds mernbership in the
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523133 03/ 1,8/2Oo3 @4 zOlP
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BB.
pledging any Lot or
Declaration
//-'eF.
Declaratiort of Prolective Cot'ett ants
RoseRanch P.U.D., Phase l
l i-Sep-99
8T447 P897 I'I RLSDORF
GRRFIELD COUNTY CO
"Mellgage" shall nleall ally tnottgage, deed of trust' or other docutrlent
irrterest tlierein as security for payntent of a debt ol obligation'
CC. ,,Moilgagee" lreans any llerson narned as atno'flga}ee or beneficiarry i:r any
Morlgage, or any successor to ttre interest of arry suclt persott u:rder sucJr Mortgage'
DD. "oversized" has the ilearings set forl} in Section 17' 1'Q'
EE. 1,e!gusr"'means the owner ofrecord, wliethel otle or more persons or entities'
of fee sirlple title to any Lot, and "Owner" also i,cludes the purchaser under a contract for deed
covering a Lot, but excludes those lraving such interest in- a Lot merely as security for the
perfoplance of an obligatio,, i,cludi,g a Mortgagee, unless a1d until such person has acquired fee
ilmpte title to the Lot pursuant to foreclosure or ot5er proceedings'
FF. .,PersQl:]" mearls a natUral person, acorporation, apartnership, a trustee or any
other Iegal entity.
GG. "Bld" lneans the subdivision plat depicting the Property subject to this
and recorded in the records of the Clerk ,ra n""oiaer of Garfield County' Colorado on
;2000 and ReceptionNo.s-nffi andall supplements and amendments thereto'
LL. "Repair and reconstructiou" ltas the nreaniug set foitir iii Section 13'2'
HH: .,private Amenities".means certain real property and any improvements and
facilities thereon located adjacent to, in the vicinity of, or within ihe Property, which are privately
owned and operated by persons other than the Associaiion for recreational, commercial and related
purposes, on amernbership basis or otherwise, and shall include, without limitation' the Golf Course'
iavat" Arnenities may be owned by Declarant or affiliates of Declarant'
[. ..prepgfl" means and refers to that certain real property described on
Exhibit A attached to this Declaration'
JJ. 'E IJ'D-M-ap" means the zone district map forthe Rose Ranch Plaruied Unit
Developr:rent recorded ilr the records of the Office of the Clerk and Recorder for Garfield County
ov/iq'.-, 2000 at Reception No' 5'6V/8q
KI{: .,p.U.D Resolutions ofApproval"meanthetenns andconditions oftheP'U'D
approval issued by the Board of Cou.ty Cornmisiiorrers.for Garfield County, Colorado for the Rose
Ranch pia.ned Unit Developmeut set forth in Commissioner Resolution No' 98-80, recorded in the
records of tire Clerk and Recorder for Garfield County, Colorado on Sep. 9, l998 at Book 1087' Page
862 and Reception No. 531935, as arnended by Corurnissioner Resolution No' 99-067 'recorded in
the records of the Clerk and R-ecordet for GarfiLta County, Colorado ou Jule 8' 1999' ai Book I 133'
Page 91 1 and Reception No. 546856'
e,
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15 of 81 R 406.O0 D 0.00 GRRFIELD COUNTY C0
MM. ((Roads') ll]ealls all roa.ds within the Properly as Sllou ll on the Plat'
NN. ,,The Rose Rarch" shall nrea:r the pianned conu:unity crealed by this
Deciai-ation, consisting of the Property, tlre Lots, and ary ot'her irrlptovetlents collstructed olr the
Property and as shown on the Plat.
OO. .,Sharjng Ratio" mearls the allocalion of Assesstrettts to wi1ich an Owner's
Lot js subject. The formula for sharing ratios is an equal allocation alnollg all of the Lots'
pp. ..Special Assessment" rrreans an assessrrent levied pursuant to Sectiorr 1 1'6
below on an iregular basis.
aa .,Special District" means a service and utility district which may be created
as a special purpose unit of local government in accordance witir Colorado law to provide certain
cornmunity services to some or all of the Property.
RR. ..Successor Declarant" means any party or entity to whom Declarant assigns
ary or all of its rigirts, obligations, or inGrests as Declarant, as evidenced by an assignment or deed
of record executed by both Declarant and the transferee or assignee and recorded in the office of the
Clerk and Recorder of Garfield County, Colorado, designating such pa{Y as a Successor Declarant'
Upon such recording, Declarant's rights and obiigation, ,id"t this Declaration shall cease and
terminate to the extent provided in such document.
SS. ..Supplemental Declaration" means an instrurnent which subjects any
additional properly to ttirb-""1aration, as more fuily provided in Article XV below'
TT. "supplemental Plat" rneans a subdivision plat which.depicts additional
property made part of tlril5""l"rationl-r the resubdivision of any Lot or the creation of any
condominiums, duplexes, town homes or other rnulti-far:rily units on any Lot, and may include one
or rnore "maps" as defined in the Act'
UU. "Western Parcel" h.as the rneaning set forth in Section 18'1'B'
W. ,.Wildlife lrnprovernents" has the meaning set fortir in Section 18'1'D'
Each capitalized tenl not othelwise defined iri this Declaration or in the Plat shall irave the
same lnearings specified ot used in the Act.
ARTICLE III
NA]V[E, DIYISION INTO LOTS
Decl aralio n of P r o tectit, e Coven att l s
Rose Ranch P.U D., Phase l
I j-Sep-99
ilHlll 1flil llllll llll llllll llffil llill lll llllll Hl llfl
523133 O3/78/?O@3 04: @7? 87447 P899 l'l RLSDORF
16 of E1 R 406.OO D 0.00 GRRFIELD COUNTY CO
Section 3.i Nat:re. TIie nattte of the project is The Rose Ranclr' The project is a Pla:ued
Community pursuatit to tlie Act.
Section3.2 Association. TlrenaneoftlreassociatiouisTheRoseRanchProperly Owns's
Associatjon, Inc. Declarart has caused to be incoqlorated under the laws of the State of Colorado
th eAssocjation as ariol-profit co4roration with the puqlose of exercising tlie functiolls as lterein set
tor1h.
Section 3.3 Number of Lots. The nraximunr number of Lots to be developed on the
property is eighty-two (82). Declarant reseryss the right for itself ar:d any Successor Declalant to
subdivide apy Lots o, "i"ui" condominiums, duplexes, towu houres and otlier multi-farnily units on
such Lots. Declarant also reserves the right to expand the property subject to this Declalation
pursuant to a the nr"ig "is"pplemental
Deilarationi and Plati toinclude up to additional 240 Lots
and to expand the Comrnon Area.
Section 3.4 Identification of Lots. The identification number of each initial Lot is shown
on the Plat.
Section 3.5 DescriPtion of Lots.
A. Each Lot shall be inseparable and may be deveioped exclusively for
residential purposes in accordance with the restrictions appiicabie to a particuiar Lot contained in
this Deciaration, the Plat, the P.U.D. Resolutions of Approval and the P'U'D Map' No Lot shall be
further subdivided, except that Declarant, its successors and assigns (which-assigns may be more
than one, including, without limitation, developers of certain portions of the Property) may further
subdivide Lots into condominiums, dupl"*"r, to*n homes and otir'er multi-family units' Once
subdivided, each Lot shall be deemed to be the nurnber of Lots into whicir it is subdivided' Once
a condominium, duplex, town home or multi-family dwelling unit is created pursuant to filing of
appropriate final plat(s;, ttren each such separate residence shali constitute a Lot'
B. Title to aLotmaybe held individually orin any fonn ofconcurrentownership
recognized i1 Colorado. L: case of any such concurrent ownership, each co-owner silail be j ointly
and severally liable for performance and observance of all the duties and responsibilities of an
Ow,er with respect to thl Lot in which he o'wns an interest. For all puqloses herein, there shall be
dee,red to be oliy one Owner for each Lot. The paflies, if more tharl one, having the ownership of
aLot sh.all agree betrveen themselves how to share tire rights and obligations of such ownership' b.ut
all such parties sfruff U. iointly and severally liable for:perfonnance and obsetvance of all of tire
duties ald obligations olan Ou,ner hereunder with respect to tire Lot in whicir they own an interest'
C. A1)r coltract of sale, deed, lease, Mortgage, will ol other instiument affecting
a Lot may describe it as Lot
-,
Rose Ranch P.U.D. , Phase No. 1, County of Garfield' State of
Color ado, according to the Plat thereof r ecorded in tlie records of the Cierk arid Recorder of Gar field
County, Colorado oI1--,
D eclaratio n o.[ P ro tectit'e Cov en at:,/s
Rose Ranch P.U.D., Phase l
I j-Sep-99
a 2000 at RecePtion No
ililIil llilI illllr llll !!illl !lll!! lllllllllllf]llll lill
biAitAI naiissg' si,oti-stql1 Peoo ll ALSDoRF
ii-ri-ei-R-4oE .o@ o 0.00 GRRFIELD couNTY c0
D. Eacli Lot s[al] beconsidered a separaleparcel of reaiptopefly arrd shall be
separately assessed ard taxed. Accordingly, the Conrnron A.r'ea shail not be assessed separalely but
shall be assessed with the Lot as plovided pursuant to Colorado Revised Statutes Subsectiotls 39- I -
I 03(10) ard 38-33.3-l 0s(2).
E. No Owper of a Lot shall be entitled to bring any actiott for parlitior: or
divisior: of the Comnron Atea.
F. Subject to Section 17.5 and as provided below, each Lot shall be used ard
occupied solely for resideltial use; provided thdt such use and occupancy shall be only as pemritted
by and subject to the appropriate and applicable govenmental zoning and use ordinances, rules and
regulations fi-om tirne to time i1 effect. NonriGtanding tlie foregoing, Declarart, for itself and jts
sut""rrorr, assigns, and./or designees (which designees rnay be more than one, including, without
Iirnitation, devJopers of certain portions of flre Property), hereby retains aright to maintain on any
Lot or Lots sales offices, ,rurrug"-"nt offices or *odtl residences at any time or frorn time to time
so long as Deciarant, or its ,r"""rrorc or assigns, continues to own an interest in a Lot. The use by
Declarant, or its successors, assigns or designees, of any Lot as a model residence, office or other
use shall not affect the Lot's designation on the Plat as a separate Lot.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION OPERATIONS
Section4.l TheAssociation. EveryOwnerofaLotshallbeaMemberoftheAssociation'
Membership shall be appurtenant to and may not be separated from ownership of any Lot.
Section 4.2 Transfer of Membership. An Owner shall not transfer, pledge, encumber or
alienate his membercfrip 11 tt " ,t.*ciation in any way, except upon the sale or encurnbrance of his
Lot and then.oniy to the purciraser or Mortgagee of his Lot.
Section 4.3 Membership. The Association shall have oire (1) class of membership
consisting of all Owners, including the Deciarant so loug as the Declarant continues to own an
interest iu a Lot. Except as oth"rwisl" provided for in iiris Declaratiou, each Member shall be entitled
to vote in Association matters pursuant to this Declaration on the basis of one vote for each Lot
owned. Whep more tiran one p"i-rorr holds an interest in any Lot, all such persons shall be Members'
Tire vote for such Lot sirall be exercised by one persoll or altemative persons (who may be a tenant
of the Owners) appoilted by proxy in accordanie witii the Bylaws. In the absence of a proxy, the
vote allocated to the Lot shail be suspended i1 the evenl more tha:r oue person or entity seeks to
exercise the rigirt to vote on a1ly one rnatter. Aly Owner or a Lot u,hicir is leased may assigrr his
votilg right to the tenant, provided that a copy of a rvritten proxy appointing the tenant is fuirrished
to the Secretary of the Association prior toany ileeting in whicir tire tenaut exercises tlr.e voting
right. ln no event sh.alI more than one vote be cast witir respect to any one Lot.
Decloral ion of Protective Covettan ts
Rose Ranch P.U.D , Phase l
I j -Sep-99
o
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b2etJa oi /tl/zoo3 @4zo7P 81447 P901 t'l RLSDoRF
18 of 81 R 406,00 O 0.00 GRRFIELD C0UNTY c0
Sectjon 4.4' Declafant Control. Notwithstanding ariything to tlie contlatl plovided for
hereilr or in tlie Bylaws, Declarant shall be entitled to appoint atd retliove the ntertrbers of the
Association's Executive Board ard officers of the Associalion to tire fullest extent cun'etrtly
pen:itted usder the Act. The specific restrictions and procedures goveniing the exercise of
Declarant's right to so appoint and remove Directors and officers shail be set out in the Bylaws of
the Association. Declalant nay voluntaniy relinquish such powet evidenced.by a notice executed
by Declarant ard recorded in the Office olthe Clerk and Recorder for Garfield County, Colorado,
but, irr such event, Declaralt trray atits option require that specified actions of tire Association or tire
Executive Board as described i1 the rectrded notice, during lhe period Declarant would otherwise
be entitled to appoilt and remove Directors and officers, be approved by Declaratt before tliey
become effective.
Section 4.5 Compliance wjth Association Documents. Each Ownet shall abide by and
be1efit from each provision, "or"rrurrt,
*rrditiorr, restriction and easertent contained in the
Association Documents. The obligations, burdens, and benefits of membertPp.in the Association
collcem the land and shall be covenants mruring with each Owner's Lot for the benefit of all other
Lots and for the benefit of Declarant's adjacent properties.
Section 4.6 Books and Records. The Association shall make available for inspection,
uponrequest, during normal business hours or under otherreasonable circumstances, to Owners and
to Mortgagees, current copies of the Association Documents and the books, records, and fi]lancial
statements of the Association prepared pursuant to the Bylaws. The Association may charge a
reasonable fee for copying such materials.
Section4.T Manaser. The Association may employ or contract.for the services of a
Manager to whom the Executive Board may delegate certain powers, fun-ctions, or duties of the
Association, * pro,.ia";il;h" Bylaws of the Association. The Manager shall not have the altholttY
to make expenditures except upon prior approval and direction by the Executive Board' ,The
Executive Board shall not be liable for any omission or improper exercise by a Manager of any duty,
power, or function so delegated by written instrument .*""ut"d by or on behalf of the Executive
Boald.
Section 4.g Implied Riehts arid Obligations. The Association may exercise any right or
privilege expressly grauted" to tire asso"iation in the Association Docurneuts, all powers granted to
an association pursuant to C.R.S. $ 38-33.3-302(1) (except as expressly otller-wise provided in this
Declaratiol), a1d every other right or privileg" r.uronubly imp[Ld fi'otn the existence of any right
or pr-ivilege given to the Association under tlie Association Documents or reasonably necessary to
effect a1y such right or privilege. The Association shall perfonn all of flre duties and obligations
expressly irnposed upon it by tire Association Documents, and eyely other duty or obligation in:plied
by the express provisions oitlr" Association Documents or necessary to reasonably satisfy any such
duty or obligation.
Decl arati on of Prot ective Coven.anis
Rose Ranch P.U.D., Phase I
1 j-Sep-99
o
tlllil Hill rilil llll illlll illlil lllll lil lfllll ill lill
623133 03/78/2@@3 O4:O7P 81447 ?9OZ n RLSDORF
19 of 81 R 406.0O O 0.00 GRRFIELD C0UNTY c0
Section 4.9 Assocjaliorr Meetings. Meetings ofthe Assocjatjon shall be held al least ottce
eacl'tyeat. Special meetings of the Association nlay be called by tlie Presjdent, by a majority of the
Executive Board or by Owners having ten pelcent (10%) of the votes in tlre Association. No1 less
thatr ten (10) nor nrore tha:l fifty (50) days in advance of any meeting, tlre Secretary of other officer
specified in the Bylarvs of the Association slrall cause notice to be liaud delivered or sent prepaid by
Unjted States rnail to the rnailing addless of each Owner or to any other nraiiing address desigrated
iri writirrg by the Owner. The notice of auy nreeting must state the time andplace of the nleeting and
the items on the agenda, including the general nature of ar:y proposed anrendnrent to this Declaratioti
or the Bylaws, any budget changes and any proposal to remove an officer or ntetnber of tlie
Executive Board.
Section 4.10 Association Standard of Care. The duty of care which the Association owes
to tlre Owners is tliat of a landowner to a licensee, notwithstanding tI:e interest which the Owners
hold in the Common Area tluough their membership in the Association.
Section 4.I 1 Security. The Association may, but shall not be obligated to, maintain or
support certain activities within the Property designed to make the Property safer than it otherwise
might be. NEiTHER THE ASSOCIATION, DECLA-RANT, NOR ANY SUCCESSOR
DECLARANT SH,{LL IN A}IY WAY BE CONSIDERED INSTIRERS OR GUARA}ITORS OF
SECURITY W]THIN THE PROPERTY. .NEITHER THE ASSOCIATION, THE DECLARANT,
NOR A}TY SUCCESSOR DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR
DAMAGE FOR FAILLIRE TO PROVIDE ADEQUATE SECUzuTY OR FOR THE
INEFFECTWENESS OF ANY SECURITY MEASURE UNDERTAKEN. ALL OWNERS AND
OCCUPANTS OF A}fY LOT, AND ALL TENANTS, GUESTS, AND iNVITEES OF ANY
OWNER, ACKNOWLEDGE TIIAT TIIE ASSOCIATION, AND ITS DGCUTTVE BOARD,
D ECLARANT AND ANY S UCCES S OR DECLARANT, D O NOT REPRE S ENT OR WARRANT
THAT ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM SYSTEM, OR OTHER
SECURITY SYSTEM DESIGNATED BY OR INSTALLED ACCORDING TO THE DESIGN
GUIDELINES ESTABLISHED BY THE DECLARANT MAY NOT BE COMPROMISED OR
CIRCTIMVENTED; NOR THAT ANY FIRE PROTECTION SYSTEM, BI,RGLAR ALARM
SYSTEM, OR OTHER SECURITY SYSTEM DESIGNATED BY OR INSTAILED
ACCORDING TO THE DESIGN GTIIDELiNES ESTABLISHED BY THE DECLARANT MAY
NOT BE COMPROMISED OR CIRCT]MVENTED; NOR THAT ANY FIRE PROTECTION OR
BURGLAR ALARM SYSTEMS OR OTHER SECTTRITY SYSTEMS WILL PREVENT LOSS BY
FIRE, SMOK.E, BURGLARY, THEFT, HOLD-IIP, OR OTHERWSE; NOR THAT FIRE
PROTECTION OR BIIRGLAR ALARM SYSTEMS OR OTHER SECIIRITY SYSTEMS \lrILL
IN ALL CASES PROVIDE THE DETECTiON OR PROTECTION FOR WHICH THE SYSTEM
IS DESIGNED OR INTENDED. ALL OWNERS AND OCCUPANTS OF ANY LOT AND ALL
TENANTS, GUESTS, AND IN\iITEES OF ANY OWNER, ASSTME AIL zuSKS FOR LOSS
OR DAMAGE TO PERSONS, TO LOTS, TO RESIDENTIAL DV/ELLINGS AND TO THE
CONTENTS OF RESIDENTIAL DWELLINGS AND FLIRTHER ACKNOWLEDGETHAT THE
ASSOCIATION, ITS EXECTJ'IIVE BOARD, COMMITTEES, DECLARANT OR ANY
SUCCESSOR DECLARANT HAVE N4ADE NO REPRESENTATIONS OR WARRANTIES, NOR
D ecl ar ati.o n o.f P r o tectit, e Cov enan.l s
RoseRanch P.U.D., Phase l
I j-Sep-99
a
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bfgiis m tlaiissg'oiz@lP 81447 Ps03 1'l ALSDoRF
zo-ri-a1-R-4o5.oo D o.0o GRRFIELD couNTY c0
HAS ANY OWNER, OCCLTPANT, OR ANY TENANT, GTIEST OR INVITEE OF ANY OWNER
RELIED UPON ANY R.EPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED,
INCLL]DiNG ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PIIRPOSE, RELATIVE TO ANY FIRE AND/OR BTIRGLAR ALARM SYSTEMS
OR OTHER SECTIR]TY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECLTRITY
MEASI"IRES LINDERTAKEN MTHIN THE PROPE]ITY.
Section 4.12 Power to Provide Serrrices to Subassociations. To tire fullest extet:t Pern:it1ed
by the Act, the Association may establish subassociations and to provide setvices to subassociatioDs'
Sucli services to arry subassociation shall be provided pursu.ant to an agreement in writing betweeu
the Association and such subassociations which shall provide for the payment by sucli
subassociation to the Association of the reasonably estinrated expersos wirich the Association will
incur in providing such ser",rices to the subassociation, iricluding a fair share of the overhead
expenses of the Association. hi lieu of collecting the expenses for such services from the
subassociation, the Associatiori shall have the right to collect them directly from flre Members of the
subassociation in monthly instalhnents as parl of the monthly colnmon assessments.
Section4.13 Power to Provide Special Services for Members. To the fullestextent
permitted by the Act, tire Aisociation may provide services to a Member or group ofMembers' Any
service or services to a Member or group of Members shall be provided pursuant to an agreement
in writing, or through one or more Supplernental Declarations, which shall provide for payment to
the Assoiiation by such Member or group of Members of a costs and expenses which the
Association estimates it will incur in providing such services, including a fair share of the overhead .
expenses ofthe Association, and shali contain provisions assuring that the obligation to pay for such
services shali be binding upon any heirs, personal representatives, successors and assigns of the
Member or group of UemULrs, and that the payment for such services shall be secured by a lien on
the Lot or Lots of the Member or group of Members and may be collected in the same manner as
assessments or oflrerwise.
Section 4.14 Domestic Water. Water shall be supplied to each Lot by a central watel
system which shali be owri"d, operated and maintained by thi Association. The water so supplied
sirall be used for dornestic in-house use only. Ali water use shall be metered by water meters or
other measuring devices approved by the Association. The Association shall be responsible for
setting ail rates, fees or ciraiges for iire provisiou tirrough the water sysiem of domastic water service
to the Lot, a1d each Owner shall pay to the Association the rates, fees or charges applicable to his
respective Lot. The obligation oi O*rr"., to pay the Association for sucir water service shall be a
peisonal obligation of tni Owner which tlre Associatiou shallhave the power and duty to enforce'
Additional rules a1d regulations conceming the use, operation, and limitation of tire water system
ald the water supply tliereby may be prornulgated by the Association and, if so promulgated, shall
be binding upon each Unit Ou,uer.
Sectiol 4.15 Irrigatiori Water. Nonpotable inigation urater sllall be suppiied to each Lot
by a central irrigation systern rvhich shall be owned, operated and maintained by the Association'
D eclaratio n of P ro l.ectiv e Cov enan l s
Rose Ranch P.U.D., Plwse l
lj-Sep-99
l,
l0
ilHlll Hilt ilil[ !ilr ilillt Hilil llill ill ilililt ] [Il
6231332l of
03/t8/2O@3 @4:@7P 87447 P904 t'l RLSDORF
81 R 406,OO O O.OO GRRFIELD COUNTY CO
The nonpotabie water so sullplied shall be used solely lor tire intgation of grass, sir:'ubs trees ard
other foiiage located upo, ilr. Properly as pen:iitted by the Association and lirnited under this
Declaration and the PIat. Tlre Association sliall be responsible for setting all rates, fees o:' cllarges
for the provision of irligation urater througlr the irrigation systenr a:rd such rates, fees or cl:a'ges
assessed by the Association against each Lot receiving i:rjgation watet shall be a personal obligation
of tlie Owner thereof whjcli the Association shall have the power and duty to enforce. Additional
n:les and regulations conceniing the use, operatio:'t aud lirnitatiori of the watet systenr ard the water
supply thereby r:ray be pi"onrulgited by the Association arid, if so protlulgated, shall be binding upon
eacir Lot Owner.
ARTICLE V
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION
Sectiol 5.1 Association Rules. From time to time and subject to tlie provisions of the
Associatiol Do"urr",rtrJ-," E*"*tiri goara may adopt, anteud, repeal, suspend and pubiish rules
and regulatiols, to be known as the "Association Rules,;'goveming, alnong other things and without
limitation:
(1) The use of the common Area, including any recreational facilities
which may be constmcted on such property, the personal conduct of the Members and their guests,
and the establishment of penalties, intluding, without limitation, the imposition of fines, for tire
infraction of such Association Rules;
(ii) The use of any private Roads; and
(iii) Therights ofaMember, including, butnotlimited to, the votingrights
of a Member during any period in which such Member is in defauit on payment of any Assessment
levied by the Association, as provided in Article XL Such rights also rnay be suspended after notice
ar:d heaiing for a period not to exceed ninety (90) days for an infraction of published Association
Rules, unless such infraction is ongoing, in which case the rights may be suspended during the
period of the infraction and for up to ninety (90) days tirereafter.
A copy of the AssociationRules in effect willbe distributed to eachMeulber and any change
in tire Association Ruies wiii be distributed to eacir Member within a rEasonable iiile following the
effective date of the change.
Section 5.2 Implied Rieirts, The Executive Board rnay exercise for tire Association all
powers, d,uties, and authority vested in or deiegated to the Association, and not reserved to the
Menibers or Declaiant by other provisions of tiris Declaration or the Arlicles or Bylaws of the
Association or as provided by law.
ARTICLB \/I
D eclara tiort of P ro l.ectiv e Coven an ls
RoseRanch P.U.D., Phase l
) 3-Sep-99 i1
ID
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z2'"r-a1-ir-qse,ss o'o'oo onnrrELD couNrY c0
PROPERTY RIGI]TS
Sectiol 6.1 Conrmon l,lea. Every Owner shall have angltl and uonexclusive easentent
of use, access, and enjoynrent iu atd to the Commott y'u'ea, subject to:
(i) This Declaratiot't, the Plal and any olhel applicable covenatrts;
(ii) A.Iy restrictions or linritations contained in any deed conveying such
properly to the Association;
(iii) The right of the ExecutiveBoard to adopt rules regulating the use and
enjoyme:rt of the Conrmon A.r'ea, including rules limiting the number of guests who may use tlre
Co:nmon Area;
(iv) The right of tlre Executive Board to suspend the nght of an owner to
use facilities within the Common Area (A) for aly period during which any charge or Assesstnent
against such Owner's Lot remains deliriquent, ura tg) lor a period not to.exceed ninety (90) days
for a single vioiatiol or for a longer perioi in the case of any continuing-violation of the Declaration'
any applicable Supplernental Declaration, the Bylaws or Association Rules;
(v) The right of the Executive Board to impose reasonable membership
requirements and charge reasonable membership, admission, use or other fees for the use of any
facility situated upon the Common Area;
(vi) The right of the Executive Board to permit the use of any facilities
situated on the'Comrnon Area by persons other than Owners, their families, lessees and guests;
(vii) The right and obligations ofthe Declarant and the Association, acting
tiuough its Executive Board, to restrict, ,"go[t" or limit Owners' and occupants' use 9f 11"
Cogunon Area for elviroruneltal preservatilon purposes, inciuding, witirout limitation, wildlife
corridors, winter wildiife ranges alb natural wildlife habitat; and
(viii) Any govemruental or quasi-governmental rules, regulations or statutes'
Any Owler nay exteud his or her right to use and enjoyment to the.members of his or her
farnily, lessees, a1d social invitees, as applicable, subject to reasonable regulation by the EXecutive
Board. An Owner wiro leases his or her i-esidential dwellurg sirall be deemed to assign all sucir rigirts
to the iessee of sucir dwelling.
Sectiol 6.2 Exparrsion. Frorn time to tinre, Declarattt rnay, but shall not be obiigated to,
expand tire Conlnon Area by written instrument recorded with the Clerk and Recorder of Garfield
county, colorado, all as more fully set forth in Article XV below.
D ecl ar ati.o n of P ro t ectit, e Co v en.a nt s
Rose Ranch P.U.D., Phase l
I 3-Sep-99 12
t[I I J t[Lltl [ il I !! lu,!r u! !.tr
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I
ii-"i-ai-h-406. so o s-'sis GRRFIELD couNrY c0
Section 6.3 Maintenarce. The Association shall niaintain ald 1<eep tlte Conulou fu'ea
i1good repair, and theist of suclt uaintenance shall befunded as provtded iri l':-ticle XI' subject
to any insura:rce then in effect. Tiris :rraintenance shali include, but shall lrot be lirlited to' upkeep'
repair and reltlace:ltent of all Roads, latrdscalling, walls, gates, signage, dotrlestic water systelns'
i:r'igation systerls, sjdewallcs, driveways and ir:rproventotts, if any(whicl: shall including' without
liniitation, snow removal ser,rices), located in the Cottrlon y'':'ea.
-hl
tl:e evetrt the Association does
not maintail or repair the Common Area, Declarant shall irave the liglit, but not the obligatiotl' to
do so at the expetlse of the Association
Sectio, 6.4 No Dedication to the Public. Nothing in this Declaration or tlie other
Association Documents will be "or1rt*"d ", a dedication to puUtic use' or a grant to anVlublic
municipal or quasi-mulicipal authority or utility, or an assumption of re-sponsibility for the
maintenalce of any Comnon Areaby srich authortiy or utility, absent all express written agreemeut
to that effect.
Section 6.5 private Amenities. Access to and use of tire Private Amenities is strictly
subject to the rules and procedures of the respective owners of the Private Amenities, and no Person
gains any right to enter or to use those facitities by virtue of membership in the Association or
ownership or occupancY of a Lot.
ALL PERSONS, INCLUDING AIL OWNERS, ARE HEREBY ADVISED THAT NO
REPRESENTATI ONS OR WARRANTIES, EITHER WRITTEN OR ORAL' HAVE BEEN MADE
. oR ARE MADE BY DECLARANT oR A]\IY orHER PERSoN wIrH REG4IllgfIP
NATURE OR SIZE OF IMPROVEMENTS TO, OR THE CONTINILIINiG OWNERSHIP OR
OPERATION OF, THE PRIVATE AMEMTIES. NO PURPORTED REPRESENTATION OR
\MARRANTY, WRTTTEN OR ORAL, IN REGARD TO THE PzuVATE AMENiTTES SHALL
EVER BE EFFECTIVE WITHOUT AN AMENDMENT HERETO EXECUTED OR JOiNED
INTO BY DECLARANT.
The ownership, usage of, or operational duties of and as to the Private Amenities may cirange
at any time and from time to time by virtue of, but without limitation, (i) the sale to or assumption
of operations by an independent entity, (ii) conversion of the membership structure to an "equity"
club or sirniiar arrangement whereby the nembers of a Private Arnenity or an entity owned or
controiled tirereby become tire owner(s) a,<Vor operaior(s) of the Private Amenity' (iii) the
conveyarce of a private funenity to one oi *or" affiliates, s#eholders, employees, or indepeudent
contractors of Declar-ant, or (iv) the change in use of any Private A'rnenity (inciuding' but not liurited
to, play rigirts with respect to any golf oiteruris club). No consent of tlie Association oI any Ou'neL
stratt tle required to effectuate such a transfer or convetsion.
Rights to use the pr-ivate A:Ienities will be granted only to such Persons, and ori such temrs
and conditions, as may be detennilred b)' their reipective o*"'""' Such owners of the Private
A:lenities shail irave tire riglit, fiom time to time in tireir sole aud absolute discretion and rvithout
Declarati.ort of Prolective Covenarils
Rose Ranch P.U.D-, Phase l
I 3-Sep-99
a
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bis133 oi tlatisos @4t@1P 81441 P907 I'l ALSDoRF
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notice, to a:letrd or waive tlre tenls and conditions of use of their res;tective Private A:renities and
to temrinate use riglrts altogether.
ARTICLE VTI
]\,ItrCI]ANIC'S LIENS
Section 7.I No Ljability. if any owner shali cause a.ny matedal to be fumished to his Lot
or any labor to U. p"rfor'rr"a U*rein ot' thereo:r, no Owtter oI any other Lot shall under any
circumstances be liable for the payment of any expense incurred or for tlie value of ariy worl< doue
or nraterial fumished. All sucli wor-k shall be at tlie expense of the owner causing it to be done, atrd
such Owner shall be solely responsible to contractors, laborers, materialtnen and other persons
furaislripg labor or materials to his or her Lot. Nothing herein contained shail autho:dzeany Owner
or aDy person dealing tlrou.gh, with or under any Owner to charge the Common Area or ariy Lot
otirerthan the Lot of such Owner witl-r any mrchanic's iien or other lier: or encumbrance whatsoever'
On the contrary (aud notice is hereby given) the right and power to chage any lien or encumbrance
of any kind against the Common Area or alailst luy Own"r or any Owner's Lot for work done or
materials furnished to any other Owner's Lot is hereby expressly denied'
Section 7.2 Indemnification. If, because of any act or omission of any Owner' any
mechanic's or other lien or order for the payrnent of money ti,utt Ut filed against the Common Area
oragainst any other Owner's Lot or ury b*rr", orthe Association (whether ornot such lien or order
is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or
order shall at his own cost and expense cause the same to be canceled and discharged of record or
bonded by a surety company reasolably acceptable to the Association, or to such other Owner or
Owners, within twenty 1iO1 aays afterthe date offiling thereof, and further shail indemniff and save
ali the other Own"r, urra it " isso"iation harmless from and against any and ail costs' expenses'
claims, losses or damages ilcluding, without limitation, reasonable attomeys' fees' resulting
flrerefrom.
Sectio, 7.3 Association Action. Laborperfonned or material fumished for the Cotnmon
A-lea, if duly authorized by the Association in accordance with the Deciaration or the Bylaws' shall
be deemed to be perforrr"d or furnished with the express conse*t of each Owner and shall be the
basis for the f,riilg of a lien pursuant to luw uguirrri the Commol A:'ea' Any such lien shall be
limited to tlie coinfiron Area an,l no lieir ilay be effected against an ind'ividual Lot or Lots'
ARTICLE \/III
PROPBRTY RIGHTS OF O\\/NERS
AND RESERVATIONS BY DECLARANT
Section 8.1 Orvner's Easement of Enioymeut. Every owner has
enjoyurent in and to the conlnon AIea, wirjch shall be appurtenaut to and
to-every Lot. Certain third persotls also may have access to the Conr:non
a right and easetlent of
sirall pass with tlie title
Ar-ea as set forth in tire
D eclaratiorr of P rotecti'e Cottettanls
RoseRan.ch P.U.D., Phese l
I 3-Sep-99 t4
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Association RuJes. Every Owne:'shall have a right of access to atd fi'onr his Lo1. No Owner shall
liinder nor Peur1it his guest to irinder reasonable access by an1' othet' owuer and his guest to tl:e Lots
and par-king areas.
Sectiol 8.2 Recorded Easenrents. TheProlterly shalJ be subject to ali easenients, licetises,
covenants, ard restrictio:rs as shown on7rry r ecorded plat affectitlg the Property and to a:ry other'
easements of record or of use as of the date of lecordatior: of this Declaratiort, including without
Iimitatjon those set forth witl:in Exhibit D hereto. In addition, the Property is subject to those
easernents set fofih iri this Anicle VIII.
Section 8.3 Declarant, for itself and its
successors and assigns, hereby reserves an easement for co:rstruction, utilities, drainage,ingress an-d
egless over, in, upon, ulder and across the Common Alea, together with the right to store materials
on tlie Corntnon Area, to build ald maintain temporary walls, and to make such other use of the
Comrnon Area as rnay be reasonably necessary or incident to any constnrction of improvements on
the Property, or otherieal properfy owned by )ieclarant, or other properties abutting and contiguous
to the Property; provided, however, that no such rights shall be exercised by Declarant in a way
which r*L"rorr"bly interferes with the occupan"y, *", enjoyment, or access to the Comrnon Area
by the Owners.
Section g.4 Utilitv Easements. There are hereby reserved unto Declarant (so long as the
Declarant owns "oy of tfr" Prop".ty;, the Golf Course, 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 "il of th" Lots, with the exception of the building envelope,
to the extent reasonably necessary for the purpose of installing, replacing, repairing, and maintaining
cable teievision systems, mastei televisitn antenna systemi, security and simiiar systems, roads,
walkways, bicycll pathways, iakes, ponds, wetlands, drainage Systems, irrigation systerns' street
liglits, ,ignug", and all utilities, including, but not limited to, water, sewers, meter boxes' telephone'
gas and Lt."trl"ity. The foregoing easements may traverse tire private properfy of any Owner;
frovided., however, all easement shall not entitle the holders to construct or install any of the
ioregoing systems, facilities, or utiiities over, under or through any existing dwelling on a Lot or
building elvelope as showl on the Piat, and any damage to a Lot resulting fi'orn the exercise of an
easernent shall be reasonably repaired by, and at the expense of, the Person exercising the easement'
The exercise of an easenent shail not ,ru"asonabiy inierfer e wiih the use of any Lot and, except iu
any emergency, entry onto any Lot siiall be made only after reasonable notice to tlie Owner or
occupant.
Declarant specifically reserves the rigiit to convey to tire local water supplier, sewer
authority, electric
"orrrp"rry,
natural gas supplier and cable television or corurullications systems
supplier ald aly oUrer utitity supplier hrr B&sgrllent across the Property for ingress, egless,
iristaliation, read.ing, replacing, r"puiring and maintaining utility meters aud boxes' However, tire
exercise of this easement shall lot extepl to pernitting enhy into the du'elling ou the Lot, nor shall
Declaratiort of P ro tectiltc Cot,ett.an ls
Rose Ranch P.U.D., Phase l
l3-SeA-99
,
15
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any utilities be irr.stalled or relocated on the Propetly, except as aPproved by tlre Executirre Board or
Declarart.
Slrould ariy entity fur:iisiring a servjce covered by tlie gettertl easentent herein provided
request a specific easerlent by separate recoldable document, the Executive Board or Declaralt shall
have the right to grant such sp."ifi", descriptive easen:ent over tlre Properly witlrout gonil;ctl1e.wlttl
tjre tenns hereof. TJre easeriler:ts pr-ovided for in this Anicle shall in l1o way adversely affect any
otlrer recorded easement on tire Properll'' The owner of aLot subject to such easemei:t shail
cooperate witir Declaralt and the Executive Board arid take alJ actions, including, without Iirlitatjon'
executing any documents evidencirig suci'r descriptive easetuent as reasonably requested by the
Executivl Boar:d or Declarant. In the event an Owner fails to cooperate in such matter the
Association or Declaraut may, pursuant to Sectiott 8.14 below, exercise its power to act as that
Owner's attomey-in-fact to'execute any necessary documeutation on behalf of such Owner'
The Executive Board shali have the power to dedicate portions of the Common Area to
Garfield County, Colorado, the Special District or to any otirer local, state or federal govenunent
or quasi- governmental entity.
SectionS.5 SupportEasement. EachLotissubjectto ablanheteasementforsupport and
a blanket easement for the maintenan"" of tfr" structures or improvernents presently situated, or to
be built in the future, on the Lots.
Section g.6 Road Easement. The Lots may have common Roads and/or driveways upon
certain Lots serving more than one Lot, and there is granted hereby a non-exclusive easement to the
Owners of Lots served by any such Road or driveway lor ingress and egre-ss purPoses over and
across tirose portions of such Lots which are used as a Road oi dti'"*"y' No Owner shall hinder
lor pennit his guest to hinder reasonable access by any.other.-Ow.:rer-andJris-guest to the Lots'
Section 8.7 Reservation for Expansion. Declarant irereby reserves for itself and the
Association and/o:: for Owners in uii futrrrfrh^r", of TheRose Ranch an easernent and right-of-way
over, uporl and across the Property for construction, utilities, drainage, and ingress and egress fi'om
tire Golf Course, ald other prtperties abutting and contiguous to the Property and the Goif Course'
and for use of the Conllon Area as rnay be reasoriably necessary or incident to-the construction of
improvernents on the Lots or other imirov"m"nts on the Property or tirg Golf Course; provided,
hou,ever, that no such rights shall be exercised by Declarant in a way which unleasonabiy interferes
with tire occupancy, use, enjoytnent, or access to the Conulon Areas by tiie Owners' The location
of these easements and rigtrts-of-way ruay be made ceilain by Deciarant or tire Association by
ilstruments recorded in the office of the C}er-k and Recorder, Garfield Couuty, Colorado'
Sectiol 8.8 Emergencv Access Easement. A general easetnent is hereby granted to all
poiice, sher-iff, hre protection, ambulance, and other sirnilar enlergency ageucies or persoDs to euter
upon the Properly in the proper perfotrnance of tireir duties'
Declaratiott of Pro lective Col)en.at1 ts
Rose Ranclz P.U.D., Phase l
) 3-Sep-99 16
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li- "i-a1- h-qoo .ss D 0.00 GRRFIELD couNTY c0
reserves for jtself ald its succesror., ,rrifr. ur',d d"rig,lee s tire nonexclusjve riglrt ard easetnetrt' but
,ot the obJigation, to enler upon the lake{ ponds, streatrs and wetiatlds located within the Conr:notl
A.:'ea to (i) install, keep, maintaitt, atrd ,"p1u""llul'l1ps in orde, to provide water fol the inigation of
any of the Colurron Area or the Golf Course; (ii) consttrct, ntaintait:, a:rd repair any bulldiead'^*-u]l:
da1 or otlier structure retaining water; and (iii) renrove trash and otlrer debris thelefi'onr and fulfill
their naintelapce respo:rsibiiitjes as provided in this Section. Declara:rt, the Association' and their
designee sirall have an access easentent over and across a11y ol'the Property abutting or containing
any porlion of a:iy of the lakes, ponds, Streams, or wetlands to t}e extent reasonably necessaty to
exercise their rights under this Section.
There is further reserved herein for the benefit of Declarant, the Association, and their
designees, a perpetual, nonexclusiVe right and easement of access and encroacllnent over the
Corunon Area a,d Lots (but not the a*Eiiirrg, tirereon)adjacent to or within one hur:dred feet of
lake beds, ponds and streams withil the Proplrty, in order to (i) temporarily-flo.od and back water
upon a:rd maintain water over such portions of the Properly; (il) nff, drain, dredge, deepen' clean'
fertlhze,dye and generally maintail the lakes, ponds, itr"".', and wetlands within the Cornmon
Area; (iii) maintain and iandscape the slopes, banks and surrounding areas pertaining to such lakes'
ponds, strearns, and wetlands; (iv) "orrrt*"t, maintain, operate, repair, and replacewater lines' water
storage tanks, water house facilities and other improvements necessary or convenient for the
installation and operation of the Association's water systern; and (v) entgr rlRon and across such
portions of the Properly for the purpose of exercising iS rights under this Section' All persons
entitled to exercise these easements shall use reasonable car"e in, and repair any damage resulting
from the intentional exercise of such easements. Nothing herein shall be construed to make
Declarant or any other Person liabie for damage resulting from flooding due to heavy rainfall' or
other natural disasters.
Section 8.10 Easements for Encroachments. To the .extelt that any improvement
constructed withi, the Commoo Ar"" ii*trrffiiithout limitation, any portion of the Roads)
encroaches on any Lot, eitirer curently existing or as a result of any addition or improvement
pursuant to this Declaration, a valid easement for such Lot, either cuirently existing or as a result of
any addition or improvement pursua.t toiiris Declaration, a valid easetnent for such encroachments
and for the maintenance of same, so long as they exist, sirail and does exist' ln the event any such
improvement is partiaily or totally aeltroyed, and tiie. rebuiit, the Owners agr.ee that minor
encroacSrnents of pafis of such rebuiit i*p.Lr"ioents shall be permitted *9 t\at a valid easement
for said encroaclunent and the maintenarlce thereof shall exisi so long as the improvetnents shali
stand.
S ection g. 1 1 General Maintenance Easenrent. An easetlent is hereby reserved to Declarant'
and gra,ted to the Association,
"r',d
urry.*rrT"rof tlre Executive Board or the Manager' and their
respective officers, agents, ernployees, and assigus, upoll, across, ou"'l]":1ll urder the Propefly
and a right to make ,*h or. offl1" Property ut *y be necessaty or appropriate to make elnelgellcy
Decl arati.ott of Prol ectit,e Covenartl s
Rose Ranch P.U.D., Ph.ase l
) 3-Sep-99
ft
t7
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r-epa.ils or to ilerfonrr the duties and functions which the Association is obligated or peruitted to
perform pursuant to the Association Documents or to protect the Association's property'
Section 8.12 Blanlcet Easerrent, Declarant hereby resor/os to itself, its successors and
assigns, alid grants to tlre Association, a blai-l<et easenlent upotl, across, over and under tire Propefiy'
wjth the exception of buildi:ig envelopes, for the installation, replacetlent, repair ard maitrte:raice
of drainage, dit"lr, utitity and other service lines arid systems, including but not lirlited to' water'
sewer, gas, telephone, television, cable or commullicalion and electric lines a:rd systenis and
drailage structures and, fuflher-, for the purpose of cuts and fills and/or retaining walls adjacerlt to
the Roads as are necessary or desirabl" foi Ur" proper consttuctiotl, use attd maiutenance of the
Roads. Declarant, its successors and assigns, furthei ressryes the right, but not the obligation' ald
grants to the Association the right, but rtt the obligation, to record a document specifyiDg the
boundaries of such easements uI uny time after such utility lines, roadway cuts and fills a:d/or
retainilg walls, pedestrian trails or other improvements described above have been co:rstnrcted'
Section g.13 Declarant's Rieht to Excess capacity. To tire maximum extent penlitted by
tfre,tct;Oeci"r^rrt,ar.lrrg tir" p".rod of Declarant coutrol and for a period of 20 years thereafter'
reserves the right to use "i."., tapacity of the water system, water rights, waterways' wells' ryl9t'
springs and ail putnps, pipelines, ditches, tanks, measuring devices, meters .or other facilities
associated therewith, irr"trai.rg any facilities necess.ry fo, the exercise of any existing or
subsequently decreed water rights or augmentation plan together with easements associated
thereWith for the constnrction, erection, maintenance, operation, use, expansion' repair and
replacement of the water rights and./or facilities, and to add tt such water system "t *:l:1.19111i:
amend or change any wateiourt decree, or to substitute the water source or amount of water m any
water right as may be subsequently decreed by appropriate action in the water court or with the State
Engineer's Office.
Section 8.14 Association as Attomey-in-Fact. Each Owner, by his acceptance of 1d1d
or other conveyance vesting in him
"r,
irrt"."rt irt^ l-ot, does irrevocably constitute and appoint tire
Association and/or Declarant with fuli power of substitution in the Owner's name, place and stead
to deal with Owner's interest in order to effectuate the rights reserved by Declarant or granted to the
Association, as applicable, with full power, rigirt and authorization to execute and deliver any
instrument affectrlg the interest of the Owner and to take any other action which the Association or
Declarant pray consider necessaiy or ad,visable to give effect to the provisions of this Section and
this Declaratiou geleraily. If requested to do so Uylne Association or Declarant, each Ou'ner sirall
execute ald deliver u *ritt"rr, aci<lowledged instrument confinning such appointment' No Owner
shall have any rights against the Associaiion or Declaranl or any oitheir officers or Directors witir
respect tirereto except in the case of fi'aud or gtoss negligence.
Section g.15 Delegation of Use. A.uy Owner may delegate his r-ight of enjoyilent to the
Conu,o. Ar-ea to tire melrbers of his fu*ity, his tenants, guests, Iiceusees, aild invitees, but o[ly in
accordauce u,ith and subject to the limitations of the Association Documents'
D ecl ar atio rt of P ro lective Coven an ts
Rose Ronch P.U.D., Phase l
I j-Sep-99 1B
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29 of 81 R 496.Oo D 0.00 GRRFIELD C0UNTY C0
Section 8.I 6 Declar-arrt's fught of Assignnient, Declarant reselres the right to asstgn any
or all of its riglrts, obligatiols ol interests as Declarait by recorditrg arl assign:rtetlt or deed of t ecord
executed by both Declarant and tl:e transferee or assig,r.. in the Office of lhe Clerk and Recorder
of Garfreld County, Colorado, designating such party as a Successor Declara:tt' Upon sucl:
recording, Declarant's rights and obiigationi under this Declaration sliall cea.se and tenlinate to the
extent provided in such document.
Section 8.17 Easements for Private Amenity Activjties. The Private Arnenities and tlreir
nrenbers (regardless of whetirer sucir members are Owners hereunder), their guests, invitees, and
the employeis, ag"nts, contractors, and desigrees of the Private Arnenities shall at all times have a
right and nor-r*ilurive easement of access ind use over all roadways located within the Property
reasolably 11ecessary to travel from/to the eutrance to the Property and frorr/to the Private
A.rlelity(ies). Without limiting the generality of the foregoing, men:bers of.tle Private A'menities
and pennitted menrbers of the public shall have the righl to park their vehicles on the roadways
located witirin the Property at ieasonable tirnes before, durirrg and after functions held bylat the
Private Arnenities, which may ilclude, without limitation, golf toumaments'
Section 8.i8 Declarant's Riqht to Conduct Business. Declarant, during the period of
Declarant control of the Executive eoura "na
for u period of i0 years thereafter, reserves the right
to conduct certain activities wh-ich, notwithstanding any provision contained in this Declaration to
the contrary, shall include the right to rnaintain " *t", offi"", management office and other such
facilities as in the sole opinion ofihe Declarant may be reasonably required, convenient or necessary
for the construction, sale and management of any Lots. Such facilities may include without
limitation a business office, storage area, construction yards, signs, model units, -sales
offices'
construction office, parking ur"r, ,id lighting and temporary parking structures for all prospecttve
purchasers ofLots.
Section 8.19 a Vacat Declarant, during the
period of Declarant rort ol oitL" E*"*tive Board and for aperiod of 20 years thereafter' reserves
,, ^^---^ +l--il;^;il;;;il;;; behalf of the Associatio, and each o*n"r, all actio.s necessary to cause the
roads, contained within the Property and dedicated to the public under the PIat, to be vacated and
re-dedicated to the Associatiol and Owners as private roadways for the exclusive use and enjoyment
of the Declarant, Owners and the Association. ln the event Declar-ant exercises its dghts under this
reservation, the Association a1d each Owner shail be deerned to conseut to:
i. tire fililg and prosecutionby Declarant of all petitions/applicatious required
to effect the vacation of such put ti. tloads pursuant to Colo. Rer'' $ 43-2-303; and
ii the acceptalce by Deciarant of title to such public roads uPou vacation upott
conditiop that Decla1a1t re-dedicate oriconvey sucli roads to tire Association atrd Owuers for use
consistent witli this Section 8.19;
Declarati.on of Protective Covenants
Rose Ranclt P.U.D , Plnse l
I 3-Sep-99 i9
LLIITUJ ru,lrll Hll rr ! uLtr u! lllllulllx [$H,[l
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5o-ii-ai-n'q 6.ss o s,ss GRRFIELD couNTY c0
iii. the fiiing a:rd prosecutiotr by Declaranl, under tlie Gar'field County
Subdivision and zot"tingRegulationr, of ull petitionslapplications for zoning or plat arlendnrent
wararted by tlre vacation ari re-dedication of such public roads l.o the Associalion and Owners'
pe,riitted by the Act, Declarant, durilrg til" p"rioa of Declarant control aild fol aperiod of 20 years
tlrereafter, reserves the right to create subassociations or make tlre Association subject to a trraster
association, or to nrerge o-r consolidate the Association witii another association of a similar uature
or same fom or owlership, whether such merger be into and witil an existing Associatiorl or a
subsequently fonned homeowners associ ati on.
ARTICLE IX
MAINTENANCE AND LANDSCAPING
A. Subject to Article XVI, each Owner shall be soiely responsibie.for all
laldscaping, mailtenalce and repair of his Lot and of the exterior and interior of his residence'
includilg all fixtures *J i*frouernents and ail utility lines and equipment located therein or in' on
or upon his Lot and is required to maintain the Loi and any improvem"nts located thereon in a
condition of good order and repair. No Owner shali unreasonably damage the value of other Lots
such as Uy snoaay upkeep of such Owner's Lot or any structures located on the Lot'
B. Owners shall be responsible for aII maintenance and rppairs of utility service
Iines, connections, facilities and related equipmeut providing service t9 suc\lwner's Lot and the
residence and other buildings and improv"*".rt, constructed ipon such Lot, with such responsibility
to begin at the poilt where a utility provider ceases responsibility for maintenance and repair for a
particular utility. The responsiUiiity of an Owner for repair and maintenance shall include those
porlions of said Owner's Lot, other Lots, unplatted tracts, platted open space, platted easements' and
streets and roads which are crossed ty ,u"i, a utility ,#i"" Iine or otrrer improvernent' AII such
expenses and liabilities shall be bome solely by the Owner of such Lot, who shall have a perpetual
easemelt i1 and to that part of t|,e Property iyilg outside of such.Owner's Lot for purposes of
rnaintenance, repair a1d ilspection. Eath Owner sha11 use the utiiity service easement provided
herei. in a reasonable rnanner and shall prornptly restore the surface overiyiug such easernents when
rnaintaining or repairiug a utility service line or other improvement'
C. No Orvner shall construct any structure or improvenrent or make or suffer any
structural or design cirange (inciuding a coior scheme change), either penlanent or temporaty alid
of a,y type oi nature whatsoerrer to the exterior of his resideuce or consttuct alry addition or
i.iprove.re*t on his Lot without first obtaining the prior rvritten consent thereto fi'om the Design
Review Board pursuant to Arlicle X\/I hereto'
Section 9.1
D ccl ar atio tt of P r o t ec tfu e Cov ett an t s
Rose Ranch P.U-D., Phase l
I j-Sep-99 20
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623133 o3/78/2@O3 O4:@7P 81447 P914 I'l RLSD0RF
31 of 81 R 406 'gg g g,O0 GRRFIELD cOuNrY c0
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a lnaruler as the Associatior: shall deten:rine.
Sectio:r 9.3 Roads.
A. Tjre Assocjaljon shall maintair: and keep the Roads in good repai:', and tire
cost of sucli majntetrance shall be funded as provided in Article XI. This nraintenance shall include,
but sl:all not be linrited to, upkeep, repair and repiacementoftheRoads (whicli shall ir:clude, without
Iinritation, snow retnoval services). Tire Associatiorr's responsibility for Road r:raintenattceunder
this Section applies whether or not such Roads lie on a Conlnon Area, or some other area of the
Propefiy' In the event tlre Association does not maintain or repair the Roads, Declarant shall have
the right, but not the obligation, to do so at the expense of thaAssociatiorr. The Association may
contract for these services with any public or private entity.
B' If tire Executive Board deems it advisable, the Association may, at any time,
enter into a written agreement to dedicate or convey the Roads to either a metropolitan district or to
Garfield County. In the event a dedication to Garfield County is made under this Section, the Road.s
must rneet all Garfield County road and trail plan standards applicable at the time of such ded.ication.
Garfield county SHALL HAVE No oBLIGATION To ACCEpT rHE owNERSHIp oF THE
ROADS OR THE RESPONSIBiLITY TO MAINTA]N T}IE ROADS.
O*,o"*'i"J';:3"i,""m*ffi r::j[inil:"J:[f,:Tf"Hr,:Txi:l:i
the Association to maintain the Common Area. The employed individual or maintenance company
shall have the authority to make expend.itures upon prior approval and direction of the Executive
Board. The Executive Board shall not be liable for any omission or improper exercise by the
ernployed third parly of any duty, power, or function so delegated by written instrument executed
by or on belialf of the Executive Board.
Section 9.5 Owner's Failure to Maintain or Repair. In the event that a Lol and the
improvements thereupon are not properly maintained and repaired by an Owner, or in the event that
the irnprovemeuts ou the Lot are darnaged or destroyed by an event of casualty and the Owner does
not take reasor:able trl.easures to diiigently pursue and repair tlie reconstruction of the damaged or
destroyed improvetneuts to substantialty if'," same condition in whicir they existed prior to the
damage or destmction, then the Association, after notice to the Owner and with the approval of tlie
Executive Board, sirall irave the right to enter upon the Lot to perform sucir work as is reasonably
. required to restore tire lot and the buildings and other irnprovements tirereon to a condition of good
order aud repair. AII costs incurred by tire Association fu connection with the restoration shall be
teimbursed to the Associatiou by the Orvner of the Lot, upon demand. Ali upeinbursed costs sSall
be a iien upou the Lot until reimbursement is made. TIie lien n:ay be enforced iir the same mamer
as a lien for a:r unpaid assessment levied in accordance witir Aticle XI of this Declaration.
D ecJaratio tt of P rot ec ti v e Cov en ants
Rose Ranch P.U.D., Phase l
/ ?_q.._00 21
a
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623133 03/18/2003 O4t@lP 87447 P915 ll RLSDORF
32 of 81 R 406.OO O 0.00 GRRFIELD COUNTY C0
Section 9.6 Drainase Stn:ctures. Ail drainage control structures located on the Prolte:1y
sl:allbe nraintajned by theAssociation jn confonnancewiflr tlreprovisions set foflh withirt tl:e repotl
dtaft;nd by High Couttry Engi:reerirrg, Inc., dated October 14,1998 and tjtled MAINTENANCE
PLAN FOR ROSE RANCI{'S BEST MANAGEMENT PRACTICE,S --BEST MANAGEMENT
PMCTICES -,WATER QUALITY & DRAINAGE STRUCTURES.
Section 9.7 Parkiand Maintenarrce. The Association shall, iri tlie uraintenance utd cat-e
o f ali parks and otirer lands contained within the Property as Common A.r-eas, be subject to aid abide
by the Best Management Plactices set forth in the reports prepared by Envirorulental & Turf
S CTViCES, ITTo. tit]ed THE ROSE RANCH INTEGRATED GOLF COLIRSE MANAGEMENT PLAN
(Dated August 31, 1998) and MANAGEMENT PLAN AND RISK ASSESSMENT FOR THE
ROSE RANCH GOLF COURSE (Dated July 10, 1998).
Section 9.8 Maintenance of Reports. The Association shall rnaintain within its offices
copies of the reports identified and referenced in Sections 9.6 and 9.7 above, wirich reports shall
remain available for inspection and review by all Members, the Declalant and the County of
Garfield.
ARTICLE X
INSURANCE AND FIDELITY BONDS
Section 10.1 General lnsurance Provisions. The Association shall maintain, to the extent
reasonably available:
(i) Property insurance on the Common Area for broad form covered
causes of loss; except that the total amount of insurance must be not less than the full insurable
replacement costs of the insured properly less reasonable deductibles at the time the insurance is
purchased and at each renewal date, exclusive of iand, excavations, foundations, paving areas,
Iar:dscaping and other items nonnaily excluded from property policies; and
(ii) Conunercial general liability insurance against claims and liabilities
arising in connection witli the ownersirip, existence, use, or managelllent of the Cornmon Area and
the Association, in an amount deeined sufficient in the judgurerit of tire Executive Board, insuring
the Executive Board, the Association, the Manager, and their respective ernployees, agettts, and all
percons acting as agents. Declarant shall be ilcluded as an additionai insured in Declarant's capacity
as an Owner and Executive Board rnember. Tire Owners shali be included as.additional iusureds but
o:ily for clairns and liabiiities arising in comection witir the ownership, existellce, use, or
rnallagement of the Con:mon A.r-ea. The insurance shall cover claims of one or more insured parties
against other insured parlies.
(iii) The Association may can) such other and further iusurance that the
Executive Board considers appropriate, including insurance on Lots, or insurance covering the acts
Declaratio n of P ro tective Coyen anl.s
Rose Ranch P.U.D., Phase l
I 3-Sep-99
o
22
Lltlll lflll ulll Illl llllll fiillt iltfl H ilfiI ilil tilt623133 03/78/2003 04fi7p arqqiF'e'1e H Al-iooff33 of 81 R 40G.@o D 9.00 GRRFIELD COUNTY CO
or onlissjous of oflcers, directors, ernployees or agents of rlie Association, or other insurance tlral
the Association is not obligaled to carry to protect the Association or the Ownels.
Section 10.2 Cancellation. If the insuraice descrjbed in Section 10. i is rrot reasona.bly
available, or if any policy of such insurarce is ca:rceled ornot rer:ewed without areltlacetnent policy
therefor having been obtained, the Association proniptly shall cause notice of tlrat fact to be hand
delivered or sent prepaid by United States rlail to all olners.
Section 10.3 Pohcy Provisions. Insurance policies carried pursuarrt to Section 10. I must,
to the extent available, provide that:
(i) Each Owner is an insured person under the poiicy with respecl to
liability arising out of such owner's membership in the Association;
(ij) TIie insurer waives its rights to subrogation under flre policy against
any Owner or mernber of his irousehold;
(iii) No act or omission by any Owner, unless acting within the scope of
such Owner's authority on behalf of the Association, will void the policy or be a condition to
recovery under the policy; and
(iv) Il at the time of a loss uuder the policy, there is other insurance in the
name of an Owner covering the same risk covered by the policy, the Association's policy provid.es
primary insurance.
Section 10.4 Insurance Proceeds. Arry loss covered by the property insurancepolicy
described in Section 10.I must be adjusted with the Association, but the insurance proceeds for that
loss shall be payable to any insurance hrrstee designated for that purpose, or otherwise to tire
Association, aud not to any holder of a security interest. The insurance trustee or the Association
shall hold any insurance proceeds in trust for the Owners and Mortgagees as their interests rnay
appear. Subject to the provisions of Section 10.7 below, the proceeds must be distributed first for
the repair or restoration of the damaged property, and the Association, Owners and Mortgagees are
not entitled to receive payment of any portion of the proceeds unless there is a surpius of proceeds
after the damaged property has been compieteiy repaired or restored or tire regime created by this
D eclaration is terrninated.
Section 10.5 Association Policies. The Association may adopt and establish written
nondiscriminatory policies and procedures relating to the subrnittal of claims, responsibility for
deductibles, attd auy other nratters of claims adjustment. To the extent tire Association settles ciaiins
for damages to real propefiy, it shall have the authority to assess ncgligent Owr:ers causing such loss
or benefitting from such repair or restoration all or an)/ equitable portion of the deductibles paid by
the Association.
Declarati.on of P rotective Coven ant.s
Rose Ranch P.U.D., Phose l
I3-Sep-99 23
I rffiilr lillt riltn ilil rilril rilrfi ttnr tlr ttilr ttlr rur
I 623133 @3/18/ZO@3 04:A1P 87447 P917 I'l RLSD0RF
I
34 of 81 R 406.00 D o.o@ GARFTELD couNTy co
I 4,,^,,,i!'il"illf,.i,""Hffi#ffi;:3;"":l:"#ff 3Jffil%; ffi111i;lill;i#
t tttelttorattda of i:rsura:rce to tlre Association aDd, ullon request, to any Owner or Morlgagee. Uirless
I otherwjseplovidedbyslatute,theinsurerissuingthepoJicymaynot cancelorrefi:setorenew jtuntjl
I thiily (30) days after notice of tlie proposed cancellation or noruenerval lias been ;riailed to the
I Associatioti and to eacli Ownel ard Morl gageeto whoni a cetlificate or nlenrorandunr of insurance
I
,ras been issued at their resPective last-lo:own addresses.
I Section 10.7 Repajr and Replacemerrt
I " erry poraion of the Common Areaforrvjricli insurance is required ur:der this
I fJ::le
which is darnaged or destroyed rnust be repaired or replaced pron:ptly by the Association
I
(i) The regime created by this Declaration is temrinated;
I (ii) Repair or replacement would be illegal under any state or local statuteI or ordinance governing health or safety;
I
I (iii) Sixty-seven percent of the Owners vote not to rebuiid, including the
I vote of every Owner of a Lot or assigned limited corrunon element that will not be rebuilt; or
lOtheMorrgageehordinrt'J}""u'"T"i**;,:ff ]#:",iiH"l-**HnT;IH:'3il3:"jffi:
I tightfully demands all or a substantial part of the insurance proceeds.
I
I B. The cost ofrepair or replacement in excess of insuranceproceeds and reserves
I is a Cornmon Exp'ense. If the entire Common Area is not repaired or replaced, the insurance
I proceeds attributable to the damaged Common Area must be used to restore the damaged area to a
I condition compatible with the remainder of The Rose Ranch, and except to the extent that other
J persolls will be distributees, the unused insurance proceeds must be distributed to all the Owners or
I Mortgagees, as their interests may appear in proportion to the Conrmon Expense liabilities of ali the
I I-ots.
| .^^.i-, in oI Section i0.8 Common Expenses. Premiums for insurance that the Association acquires
and other expenses conlected with acquiring such iusurance are Common Expenses.
Section 10.9 Fidelity Insurance. Fidelity bondsmust be maintained by tire Association to
protect against disironest acts on the part of its Directors, officers, tn-lstees, and employees and on
the part of all others who handle or are responsible for handling the funds belonging to or
administered by the Association in an amount not less than lwo months' cunent Assessments plus
reserves as calculated fi'om the cun-ent budget of the Associatioir. In additioir, if responsibiiity for
liandling funds is delegated to a Manager, such bond rua)/ be obtained for the Manager ar"rd jts
D eclaration of P ro tecti,e Coven ants
Rose Ranch P.U.D., Ph.ase l
I 3-Sep-99 24
f lH[LItrLlll[H
| ;l] ulf lI lilr tLH rll nun! r
35 0f 81 R 405.@o D o.oo onnFielo'couNTy co
officers, entployees, and aget'fls, as appljcabJe. Ary such fidelity coyet-age shall nanie the
Associatior: as an oblig ee antd such bonds shall contain rvaivers by t|e issuers of all defe:rses based
upon tlie exclusion of perso:is servirtg without conri:ensaliorr fi'oni tl:e definjtion of "enr1)loyeos,"
or sirnilar ten:rs or expr.essions.
Section i0.10 Worjrer's Cotnpensation I:rsurarce. The Executive Board sl:all obtain
woLl<er's cot:rpensatjon or sinrilar insuralce with respect to its enrployees, if applicable, in the
amounts and fomrs as nlay now or hereafter be required by law.
Section 10.1 1 Other Insurance. The Association shall also maintain insurance to the extent
reasonably available and iu such amounts as the Executive Board rnay deem appropriate on behalf
of Directors against any liability asserled against a Director or incun ed by hir:r in his capacity of or
arising out of his status as a Director. The Executive Board may obtain insurance againsi suclt other
risks of a similar or dissirlilar nah-rre as it shall deem appropriate with respect to the Association's
respoirsibilities and duties.
Section 10.12 Insurance Obtained by Owners. Each Owner shall obtain and at all times
maintain physical damage and liability insurance for such Owner's benefit, at such Owrler's expense,
covering the full replacement value of the Owuer's Lot and residence (except to the extent any such
Lot is encurnbered by an easerrent conveyed to the Association as Comrnon Area), personal property
and personal liability insurance in a limit of not less than Five Hundred Thousand Dollars
($500,000.00) in respect to bodily injury or death to any number of persons arising out of one
accident or disaster, or for damage to property, and if higher limits shail at any tirne be customary
to protect against tort liability such higher iirnits shall be carried. In addition, an Ownermay obtain
such other and additional insurance coverage on the Lot and residence as such Owner in the Owner's
sole discretion shall conclude to be desirable; provided, however, that none of such insurance
coverage obtained by the Owner shall operate 1o decrease the amount which the Executive Board,
on behalf of all Owners, rrray realize under any policy maintained by the Executive Board or
otherwise affect any insurance coverage obtained by the Association or cause the diminution or
tennination of that insurance coverage. Any insurance obtained by an Owner shall include a
provision waiving the particular insurance company's right of subrogation against the Association
and other Owners, including Declarant, should Declarantbe the Owner of any Lot. No Owner shall
obtain separate insurance policies on the Cormron Area.
AIl Owners are required to rnaintain on file copies of all such cunent policies with tire
Associatiou to evidence tireir obligations hereunder and to facilitate recovery of all appropriate
aurards or proceeds by the Association.
ARTICLE XI
ASSESSi\{ENTS
Sectiori11.1 Oblieation. EacliOwner,includingDeciarant,byacceptingadeedforaLot,
is deenied to covenant to pay to tlie Association (i) the A.rnual Assessrnents imposed by the
D eclarati o tt of Pro tecti,e Coyen an ts
Rose Ranch P.U.D., Ph.ase l
I 3-Sep-99 25
ilililt Hilt IItil ilil ililil tillil llilt lfl ilflt ilfl fft623X.33 O3/78/2OO3 O4tO1P 87447 p919 I'l RLSDORF
36 of 81 R 406.00 D 0.00 GRRFIELD C0UNTY C0
Executive Board as necessary to meet t]re Conlnorl Exl)enses of majr:tenance, operaliotl, and
rnallagerxelrt of the Corrmon lrea and to perforr:r the functions of tlie Associatjon; (ii) Special
Assessnrents for capital inrp:'orrenrents and other purl)oscs as stated in this Declaration, if perriiitted
under tlre Act; and (iii) Default Assessments which rnay be assessed agairrst aLot for the Ownet''s
failure to perforr:r an obligation u:rdel the Assocjation Docunients or because the Association has
iucun'ed an exl)ense on behalf of the Owner under the Association Docunrents.
Section 11.2 Pumose of Assessnrents. The Assessrlents shall be used exclusiveJyto
protnote the health, safety and welfare of the Owners and occupants of The Rose Rauch, for the
improvement and maintenance of the Commou Area and other areas of Association responsibility
refened to herein, as more fully set forth in this Article below and i:r Article XVI[.
Section 11.3 B-Udgg! Within thirty (30) days afterthe adoption of anyproposed budget
for tlieAssociation, the Executive Board shall rnail, by ordinary first-class mail, or otherwise deliver
.a summary of the budget to all the Owners and shail set a date for a rneetirrg of the Owners to
consider ratification of the budget not less than fourteen (14) normore than sixty (60) days after
rnailing or other delivery of the summary. Unless at that meeting sixty percent (60%) of all Owners,
whether or not present at the meeting, reject the budgel, the budget is ratified, whether or not a
quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified
by the Owners must be continued until such time as the Owners ratify a subsequent budgetproposed
by the Executive Board. The Executive Board shall adopt a budget and submit the budget to a vote
of the Owners as provided herein no less frequently than annually. The Executive Board shail levy
and assess the Anlual Assessments in accordance with the amual budget.
Section I 1.4 Annual Assessments. Arrnual Assessments for Common Expenses made shall
be based upon the estimated cash requirements as the Executive Board shall frorn time to time
determine to be paid by all of the Owners, subject to Section 1 1.3 above. Estirnated Common
Expenses shall include, but shall not be limited to, the cost ofroutine maintenance and operation of
the CommonArea; expenses ofmanagement, taxes and special govemmental assessments pertaining
to the Common Area and insurance premiurns for insurance coverage as deemed desirable or
necessary by the Association; landscapin g, care of grounds within tire Common Area; routine repairs
ald renovations within the Common Area; wages; cornrnon water and utility charges for the
Corurion Alea; legal and accounting fees, management fees; expenses and iiabilities incuned by the
Association under or by reasotl of this Deciaration; payment of any defaul^r rernaining froil a
previous assessrnent period, and the creation of a reasonable contingency or other reserve or suplus
fi:nd for general, routine maintenance, repaiLs, and replacement of improvements within the
Comlon Area on a periodic basis,'as needed. Notwithstanding the use of the tenn "Arnual"
Assessrnents, the Association may establish au A.mrual Assessrnent for less than 12 months (e.9., set
trro six month "A.nnual Assessments"). Untii the Association makes an A:nual Assessment, tlie
Declarant sirall pay all Common Expenses.
A:nual Assessments sirali be payable on a prorated basis each year iu advarce and shall be
due on the first day of each month, calendal quailer or year, as detemrined by the Executive Board.
Dcclarati.ort o.f Protect ive Coven on ts
Rose Ranch P.U.D., Plnse l
l 3-Sep-99 76
ilffilt !Illl illlll llll llllll llllll ll!Il lll lllil llll llil
623133 O3/L8/2O@3 @4:O7P 87441 P92O n RLSDORF
37 of 81 R 406.09 D 0.00 GRRFIELD COUNTY C0
The omissiort or failure of the Association to fix the A:l:ual Assessnrents for ar:y assessnter:t period
shall not be deetred a waiver, modification, or release o[tlre Owners fi'onr their obligation to pay
the satle. Tire Associaljon shall have the right, but not tlie obligation, to nralce prorated refunds of
ar:y y't:r:rual Assessnrents in excess of the actual exllenses incun-ed in any fiscal year'. In the
allemative, theExecutjveBoald lnay electto allocateanysuch excessAssessn:ents to ar Association
working capital fund or.to an Association reserve fund.
Sectiorl i 1.5 Appotlioturent of Ar::lual Assessments. Each Owner shal)belesponsible for
that Owner's share of the Com:non Expenses, which shall be divjded arrong tire Lots on the basis
of the Sharing Ratios in effect on the date of assessment, subject to the loliowing provisions. All
exPenses (including, but not lirnited to, costs of maintenance, repair, and replacement) relating to
fewer than all of the Lots to the extent not covered by insura:tce rnay be bome by tire Owners of
those affected Lots only at the reasonable discretion of tlie Executive Board. The forrnula used in
establishing Shar-ing Ratios is an equal allocation among all of the Lots.
Section 1i.6 Special Assessments. In addition to the Arurual Assessments authorized by
this Article, the Association rnay levy in any fiscal year one or more Special Assessments, if
permitted under the Act, payable over such a period as the Association may determine, for the
purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected
repair or replacement of irnprovements within the Cornmon Area or for any other expense incurred
or to be incurred as provided in this Declaration. This Section 1 i.6 shall not be construed as an
independent source of authority for the Association to incur expense, but shall be conskued to
prescribe the marurer of assessing expenses authorized by other sections of this Declaration, and in
acting under this Sectiotl fl:e Association shall make specific references to this Section. Any
arnounts assessed pursuant to this Section shall be assessed to Owners in the same proportion as
provided for Annual Assessments in Anicie XI, Section 11.4; subject to the requirements that any
extraordinary maintenance, repair or restoration work on fewer than all of the Lots shall be bonle
by the Owners of those affected Lots only; and any extraordinary insurance costs incurred as a result
of the value of a particular Owner's residence or the actions of a particular Owner (or his agents,
servants, guests, tenants, or invitees) shall be borne by that Owner. Notice in writing in the arnount
of sucir Special Assessments and the time for payrnent of the Special Assessments shall be given
promptly to the Owners, and r:o payment shali be due less than thirty (30) days after such notice
shall have been given.
Section 1 1.7 Defauit Assessrnents. All monetary fines assessed against an Owner pursuant
to the Association Documents, or any expense of the Association wirich is the obligation of an
Olner or which is incuned by the Association on behalf of the Owner pursuant to the Association
Documents, sirall be a Default Assessrnent and shall become a lien against such Orvner's Lot wirich
may be foreclosed or otherwise collected as provided in this Declaration. Notice of the arnount and
due date of such Default Assessment shall be sent to the Owner subj ect to such Assessment at least
thirfy (30) days pr-ior to the due date.
D ec Ia r atio n of P ro tec tiv e Cott e nan.ts
Rose Ranch P.U.D., Phase l
I j-Sep-99
ilHil IIlil rilffi lilt illlll illlll lffil lll llill illl llil
623133 @3/18/2OO3 @4:@1P 87447 P921 l'l RLSDORF
38 of 81 R 406.OO D 0.00 GRRFIELD C0UNTY C0
Section i 1.8 Effbct of Nonpaylnent: Assessrrrent Lien. Ary Assessnre:tt installn:ent,
wltether pertaining to ariy A:rnual, Special, o:: Defauit Assessment, which is nol paid within tilirly
(30) days aflel its due date shall be delinquent. If an Assessr:ent inslallnrent beconres delinquent,
tl're Associatio:r, itr its sole discretion, may tal<e any or all of the following actions:
(i)
deerns appropriate;
Assess alate charge for each delinquency in such alount as the Association
(ii) Assess ari intelest charge fi'om tlre date o{ delinquency at tlie yearly rate of
two points above the pr-in:e rate charged by the Associatior:'s bank, or sucl: other rate as tire
Executive Board rllay establish, not to exceed twenty-one percent (21%) per atxlum;
(iii) Suspend tlie voting rights of the Owner during arry period of delinquency;
(iv) Accelerate all remaining Assessment installments so that unpaid Assessn:ents
for the remainder of the fiscal year shall be due and payable at once;
(v) Bring an action at law against any Owner personally obligated to pay the
delinquent Assessments; and
(vi) Proceed with foreclosure as set forth in more detail below.
Assessments chargeable to any Lot shaii constitute a iien on such Lot. The Association may
institute foreclosure proceedings against the defaulting Owner's Lot in the manner for foreclosing
a mortgage on real property under the laws of the State of Colorado. ln the event of any such
foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and
interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the
notice of the ciaim and 1ien, and all reasonabie attomey's fees incurred in connection with the
enforcernent of the lien.
The Association shall have the power to bid on a Lot at foreclosure sale and to acquire and
hold, Iease, mortgage, and convey the same. The Association may bid for the Lot at the foreclosure
sale and acquire, hold, lease, mortgage and convey the Lot, Wrile a Lot is owned by the Association
following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) uo assessilent shall
be levied on it; and (c) each other Lot shall be charged, in addition to its usual Assessment, its equal
pro rata share of the Assessment tirat would have been charged such Lot had il not been acquired by
the Association. Tire Association may sue for unpaid Conlnou Expenses and costs without
foreclosing or waiving the lien securing the same.
To tir.e maximum extent pennitted by iaw, the lien of the Assessments will be superiot to and
prior to any homestead exernption provided now or in the fuhrre by the law of tire State of Colorado,
ard to all other lieus and encunrbrances except liens and encumbrances recorded before the date of
therecording oftltis Declaration, and liens for govemmental assessments or charges irnposed against
Decl.aration of Pro tective Covenan ts
Rose Rartch P.U.D., Phase l
) j-Sep-99 78
ilfiilt Hilt lilil lilt ililil lil[! illlt H lllll [il llll
623133 O3/78/2OO1 @4:O1P 81447 ?922 n RLSDORF
39 of 81 R 405,O9 D 0.00 GARFIELD C0UNTY C0
a Lotby a. Colorado govenxltei:tal or poiitical subdivision or specialtaxingdistrict or any other Jiens
r11ade superior by statute.
Section I L9 Pei'sonal Obliqation. TIte arrount of any Assessrrent chargeable agair:st aily
Lot shall be a persollal ard ildividual debt of the Ownerof same. No Owtter may exenlpt hinrself
from liability for tire Assessmelt by abandorurent of his Lot or by waiver of the use or enjoyrnent
of all or any parl of the Com:non A:-ea. Su jt to recover a nloney judglnent for unpaid Assessnre:rts,
any penaltles ard interest thereon, the cost and expenses of suc]i proceedings, and all reasonable
attonrey's fees in copection therewith shall be nraintainable without foreclosing or waiving the
Assessment lien provided in this Declaration.
Section11.10 Successor'sLjabilityforAssessments. TireprovisjonsoftheActshallgovem
and control: (a) tl:e obligations of successors to the fee simple title of a Lot on which Assessments
are delinquent and (b) the subordination by the iien of the Assessments provided for in this
Declaration. Notwithstanding the foregoing or any contrary provision herein, the lien of the
Assessrnents shall represent a prior and senior lien and shall enjoy priority over any First Mortgage
recorded subsequent to the recording of the Declaration.
Section 11.11 PaymentbvMorteasee. AayMortgageeholdingalienonaLotmayPay any
unpaid Assessrnent payable witir respect to such Lot, together witir any and all costs and expenses
incurred with respeci to the lien, and upon such payment that Mortgagee shall have a lien on the Lot
for the amounts paid with the same priority as the lien of the Mortgage.
S ection L 1 .1.2 Statement of Status of Assessment Pavment. Upon payment of a reasonable
fee set from time to time by the Executive Board and upon fourteen (14) days' written request to the
Manager or the Association's registered agent, any Owner, Mortgagee, prospective Mortgagee, or
prospective purchaser of a Lot shall be furnished with a written statement setting forth the amount
of the unpaid Assessments, if any, with respect to such Lot. Uniess such statement shall be issued
by personal delivery or by certified mail, first class postage prepaid, retum receipt requested, to the
ilquiring party (in which evelt the date of posting shail be deemed the date of delivery) within
fourleen(i4) days, the Association shall have no rightto assefi a iieu uponflre Lot overthe inquiring
pafiy's interest for urrpaid Assessments which were due as of the date of the request.
Section 1 1 .13 Capitalization of the Association. Upon acquisition of record title to a Loi
from Declarast or any seller after Declarant, each Owner shall contribute to the working capital and
reserues of tire Association an amount equal to fweuty-five pErcent (25%) of the Amrual Assessment
detennined by the Executive Board for tirat Lot for tire year in which the Owner acquired title. Sucll
paymentsshallnotbeconsideredadvancepalalentsoftheA.rurualAssesstuents. Theunusedportion
bf ti',. working capital deposit shail be retumed to each Owner, without interest, uporl the sale of iris
Lot, provided that the new pulchaser of the Lot has deposited the required rvorking capital deposit
u,ith the Association. The Executive Board shali be entitied to make use of tlie worting capital
resewes in its discretion foliowing a teir (10) day wdtten notice of its intentiou to so use the reseNes
and tire purposes therefor is maiied to ali of the Owners.
D ec larati.o n of P ro l ecti, e Co t, enants
Rose Ranch P.U.D., Phase l
l j-Sep-99 29
illlilt Hill Hilt! Ilil ililll rilHllfil Htmffillll
623133
4O of
I
O3/LA/20O3 O4;O1P 81447 P923 1'l RLSDORF
81 R 406.OO D O.OO GRRFIELD COUNTY CO
Section I I .14 Real Estate Transfer Assessnrent. If per:mitted by law, the Executive Board,jn its discretiou, may f "ry , rcrf *tutr t,'ansfcr assessnlent upon the trarsfer of real properly witirin
t)re Propefiy. l,:iy such real estate tra:rsfer assessment nrust be ntade pursuant to cettain unifonr
p:-ocedures, lirlitations aid exclusions as are cuneutly in effect for othel sirlilar real estate projects
inGarfiejdCounty,Colorado. Inaddition,theprocedures,liniita.tionsardexclusionsnrustbeplaced
ofrecord by the Association in tlie Office of tlre Clelk and Recorder for Garfield County, Colorado,
prior to the enactnrent of such levy. hr no event shall the real estate transfer assessn:ent rate exceed
two percent (2%) of the fair market value of the property being trarisferred.
ARTICLE XII
ASSO CIATION AS ATTORNEY-IN-FACT
Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful
attorney-in-fact for the purposes of dealing with any improvements covered by insurance written in
the name of the Association pursuant to Article X upon their damage or destruction as provided in
Anicle XIII, or a complete or partial taking as provided in A-rticle XIV below. Acceptance by a
grantee of a deed or other instmment of conveyance from Declarant or any other Owner conveying
any portion of the Property sirail constitute appointment ofthe Association as the grantee's attorney-
in-fact, and the Association shall have fuil authorization, right, and power to make, execute, and
deliver any contract, assignment, deed., waiver or other instrument with respect to the interest of any
Owner which may be necessary to exercise the powers granted to the Association as zittorney-in-fact.
ARTICLE XIII
DAMAGE OR DESTRUCTION
Section 13.1 The Role of the Executive Board, Except as provided in Section 13.6, in the
event of damage to or destruction of all or part of any Common Area irnprovement, or other Properl;l
covered by insurance written in the narne of the Association under Article X, the Executive Board
shall arrange for and supervise the prompt repair aud restoration of tire damaged Property (the
Property insured by the Association pursuant to Arlicle X is sornetimes referred to as the
1'Asso ci ation-Insured Prop ertlz").
Section 13.2 Estimate of Damages or Destructiou. As soon as pracricabie after an event
causing dautage to or destruction of any part of tire Association-Insured Property, the Executive
Board shall, unless such damage or destruction shail be minor, obtain an estimate or estimates that
it deems reliable and complete of the costs ofrepair and reconstruction. "Repail and reconstruction"
as used in Article XIII shall mearl restoring the danraged or destroyed improvernents to substantialiy
the same condition in u,hich tirey existed prior to the damage or destruction. Such costs may also
include professional fees and premiurns for'sucit bonds as the Executive Board or the Insurance
Trustee, if any, detenniires to be necessary.
Decl at'a.tion o.f Pro lective Coyenents
Rose Ranclt P U.D., Phase l
I 3-Sep-99 30
il!!ilt !ilil l!illt ilil ililil liltil ililt il ilil l]t lill
623133 O3/78/2o@3 @4:@1P 81447 P924 n RLSDORF
41 of 81 R 406.oA D 0,00 GRRFIELD C0UNTY C0
Section 13.3 Repair and Reconstructior:. As soon a.spTactjcal after thedantageoccurs ard
any required esti:lates have been obtained, the Association shall diliger:tly pursue to con:pletion tl:e
repairand reconstru.ction ofthe du'nagedordestroyed Association-Insured Property. As attonley-in-
fact for the Owners, tite Association may take any and all necessarJ or apllropfiate action to effect
repair and recor:stmction of any darnage to the Assocjalion-Insured Propetty, atd tio consent or otirer
actjon by any Owner shali be llecessall. A:ry r"epair and reconstructjon of danraged or destroyed
Roads shall, at a minimum, meet all standards approved by Garfieid County for The Rose Ranch
project. Assessrnents of the Association shall not be abated during the period of in.surauce
adjustments and repair and reconstruction.
Section 13.4 Funds for Repair and Reconstruction. The proceeds received bythe
Association fi'om zuty hazard insurance carried by the Association shall be used for tlre purpose of
repair, replacement, and reconstruction of tire Association-In"sured Properfy. If the proceeds of the
Associatjon's insurance are insufficient to pay the estimated or actual cost of such repair,
replacement, or reconstruction, or if upon completion of such work the insurance proceeds for the
paymeut of such work are insufficient, the Association rnay, pursuant to Article XI, Section 11.6.
but subject to applicable law, levy, assess, and eollect in advance frorn the Owners, without the
necessity of a special vote of the Owners, a Special Assessment sufficient to provide funds to pay
such estimated or actual costs of repair and reconstruction. Further levies may be made in like
manner if the arnounts collected prove insufficient to complete the repair, replacement or
reconstruction.
Section 13.5 Disbursement of Fund"s for Repair and Reconstruction. The insurance
proceeds held by the Association and the amounts received from the Special Assessments provided
for above constitute a fund for the payment of the costs of repair and reconstruction after casualty-
It shall be deemed that the first money disbursed in payment for the costs of repair and
reconstmction shall be made from insuran-oe proceeds, and the balance from the Special
Assessrnents. If there is a balance remaining after payment of ail costs of such repair and
reconstruction, such balance shall be distributed to the Owners in proportion to the contributions
each Owner rnade as Special Assessments, then in equal shares per Lot, lirst to the Mortgagees and
then to the Owners, as their interests appear ot, in the reasonable discretion of the Executive Board,
the balance lnay be paid. to any maintenance over worting capital reserves maintained by the
Executive Board.
Section 13.6 DecisionNottoRebuildCommonA:'ea. IfOwnersrepresentin gatleast6To/o
of tlre total ailocated votes in the Association (other than Declarant) and 5l% of the Mortgagees
liolding First Mortgages (based on 1.0 vote for each Morlgagewhich ettcumbers aLot) and all
d.irectiy adversely affected Orvners agree in writing not to repair and reconstruct improvements
within the Conunon Area and if no altemative improvenients are authorized, then and in that event
the dauraged propeity shall be restored to its natural state and nraintained as an utldeveloped portion
of tlie Common Area by the Association in a neat and attractive condition. In tire event such a
written agreement not to repair or recoustruct is made regarding any Road, sucli decision must
D ecl a.ration of Prolective Cot,enonls
Rose Ranch P.U.D., Phase l
I 3-Sep-99 J1
a
lllllll lllll illlll llll llllll lillllfill.l-!] l!.ll]llll tlll'ol{ile witlaiiosi @4fi1P 81447 Ps25 t'l RLSDoRF
q?- ot 81 R 406 .00 D 0'00 GRRFIELD OOUNTY C0
additionally receive the writteri consent of the Board of County Coltrntissioners' Garfield Couuty'
Colorado. Any remainiirg insurallce ploceeds siiall be distr-ibuted jn accordaice with the Act'
ARTICLE XI\/
CONDBMNATION
Section 14.1 Rights of Owners. Wrenever all or any part of the Com:non A:'ea shall be
taken by any authority having po*e, of cor.dennation or emineni d3niail o'*^I,"]l"yo,itl ti ''yl,il1
ofthe conunon A:-ea is conveyed in lieu of ataki.g u,der threat of condemnatio, by the Executtve
Board acting as attonrey-i,-fact for all Owners uirder instructions q?'". i"y authority having the
power of condemnationor eminent domain, each Owner slrall be entitled to notice of the taking or
conveying. The Association shall act as attomey-in-fbct for all Owners in the proceedings incident
to the condemnation proceeding, unless otherwise prohibited by law'
ion. The award
be disbursed as follows:
If the taking iuvolves a portion of the Common Area on which improvements have been
constructed, then, unless within sixty days after such taking Declarant and the Owners who represent
at least 670/o of thevotes of all of the Oirr"rs shall otherwise agree, the.Association shall restore or
replace such improvements so taken on the remaining iana lictuaed in the Common Area to the
extent rands are available for such restoration or replacement in accordance with plans approvedby
the Executive Board and the Design Review Board' If such improvementl 3e to be repaired or
restored, the frovisions in Article XIII "bor" regarding the disbursement of funds with respect to
casualty damage or destruction which is to be rfraireJshall apply' If the taking does not involve
arry improvements on the Common er"", ot i-f there is a decisiol made 11t11enair
or restore' or
if there are net funds reilaining "ft"r any such restoration or replacement is completed, the, such
award or net funds shall be d.istributed i1 equal shares per Lot arllong the Owners, first to the
Mortgagees and then to the Ownets, as their interests appear'
Section 14.3 Complete Condemnation. If aii ofthe Property is taken' condenrned' or sold'
orotlrerwisedisposedffii",,oro,i,,"*i-au,,"eofcorrdemnutio,,,ilr"ntheregimecreatedbyt1ris
Declaratio, shall ten,inate, and the portio, of the condenrnation award attributable to the Common
A.r-ea slr.all be distributed as provided in Arlicle XIII, Section 13'5' above'
madeforsuchtakirrgshallbepayabletoffieefortlr^ose"9T::,*:.:i".ii#;S1i:t3:ffi;T:?HX""o"J";#;:, unless otherwise required under the AcL the award shall
ARTICLE XV
EXPANSION, SUBDI\{SION AND WITHDRAWAI
Declarati.ort. of Prot.ective Covenuis
Rose Ranch P.U.D,, Plmse I
1i-Sep'99 3Z
ililllt ilril ilil[ llll llllll llllll lllil lfl llllil fl l.Lllbzirif getfinso3 o+zolP 87441 P926 I'l RLSDoRF
43 of 81 R 406.00 D 0.00 GRRFIELD COUNTY C0
A. Declarart reserves the riglit for itself and any Successor Declara:lt at any tirtre
ard fi'onr tirne to tirlre, to a.dd the A:r:rexable Propedy to the Properly. In accordatlce with the
foregoing, eaclr Owner of a Lot hereunder irereby grants to Decla-artt and any Successor Declaratrt,
the right to add the A.:urexable Properly to the Properly and to modify such Owner's rights in and
to tlre Com:non A:-ea and Association, as more particulally set foillr in Section 15-4.
Notwitlistanding the foregoirrg, Declarant is authorized to convey portions oftheArurexable Properly
prior to its addition, to sucir third party or parties as it may deem appropriate, whether for puqposes
consistent with this declaration or otherwise.
B. Declarant reserves the right to add additional, unspecified real estate to tiie
Property to the fullest exteut pennitted by the Act.
C. Declarant reserves the right to subdivide any Lot into two or more Lots, and
to create duplexes or rnulti-farnily facilities on any Lot either pursuant to re-subdivision, the
subjection oisuch duplexes or multi-family units to a common interest ownership regime or other
lawfulmeans.
D. To the maximum extent permitted by the Act, Declaraut reserves the right for
itself and any Successor Declarant any time and from tirne to time to withdraw from the provisions
of this Declaration any real property subject to this Declaration or subjected to this Declaration by
a duly recorded Suppiemenial Declaration, and, if necessary, Supplemented Plat prior to the time
of a sale of a Lot within that phase of the Properly as described in this Declaration or in said
Supplemental Declaration and, if necessary, Supplemental PIat.
E. The new Lots shall be subject to all of the terms and conditions of this
Declaration and of any Supplemental Declaration, upon placing the Supplemental Declaration and,
if necessary, the Supplemental Plat(s) ofpublic record in the real estate records of Garfield County,
Colorado.
Sectiou l5.2 Supplemental Declarations and Supplemental Piats. Such expansior: may be
accomplished by the filing for record by Declarant in the Office of the Clerk and Recorder for
Garfieid County, Colorado, of oge or more Suppletlental Declarations and, ifthe real property being
subject to this Declaration by such Supplemental Declaration has not been previously platted in a
piat recorded i1 the Office of the Clerk and Recorder for Garfield County, Colorado, of a
Supplemer:tal Plat depicting such real property recorded concurently with the applicable
Supplemeutal Declaration. Tite Supplernental Declaration shall set forth the Lots and other real
property, if any, to be included. in the expansion, togetirer with auy covenants, conditions,
restrictious and easernents particular to such property. The expansion may be accomplished in stages
by successive supplementi or in one suppiernental expausion. Declarant n:.ay exercise sucir rights
for expansion in whatever order of development Declarant in its soJe discretion detennines.
Deciarant sliall not be obligated to expand tire real propelq/ subject to this Deciaration'
D ec l aratio n of P r o tec ti.v e Co t, en an.ts
Rose Ranch P.U.D., Phase l
I 3-Sep-99 JJ
ilt!ilt !ilil ilil[ lill tililt lillil ilil til tffiil ilt [il623133 O3/18/2A@3 A4tO7P 8L447 P9Z7 n ALSDORF
44 of 81 R 406.OO D 0.00 GRRFIELD COUNTY CO
Section i 5.3 Expansjon of Definitions. In the evonl of such expaltsiot:, resubdivision or
creation of condominiunr, duplex, town home or other rnultj-family units, the defin jtio:'ls used in this
Declaratiorr sliall be expa::ded autornatically to encon.tllass ard refer to the Prolteity subject to this
Declaratio:r as so expanded, resubdivided ot'ct'eated in condorliniunrs, duplexes, torvn lion:es or
ruulti-farnily units. For examp)e, "Lot" shall nrean the Lots as shown on tlie Plat plus any additional
Lots added by a Supplemental Declaration and, if necessa:y, Supplemental Piat or Plats (but
avoidir:g duplication such that if three town homes were created fiom one Lot, therl ther-e wouJd be
a net two additjonal Lots), and relerence to this Declaratjon shall ntean this Declaration as
supplernented. All conveyances of Lots shall be effective to transfer rights in the Property as
expanded.
Section 15.4 Effect of Expansion.
A. Upon the inclusiop of additional Lots under this Declaration by the filing of
a Supplernental Declaration(s) and, if necessary Supplemental Plat(s) thereo{ the Sharing Ratio
applicable to a Lot shall automatically be reduced to a fraction, the numerator of whicir shall be one
(1) and the denominator of which sirall be equal to the aggregatenumber of Lots then subject to this
Declaration. Such reduction in the Sharing Ratio appurtenant to a Lot shall be reflected and set forth
in the Supplemental Declaration.
B. Notwithstanding any inclusion ofadditionai Lots underthis Declaration, each
Owner shall remain fuIly liable with respect to its obligation for the payrnent of the Common
Expenses of the Association, including the expenses forsuchnew Common Area, costs and fees, if
any. The recording of a Supplemental Declaration or Supplernental Plat shali not alter the amount
of the Common Expenses assessed to a Lot prior to such recording.
Section 15.5 Termination of Expansion and Development Rights. The rights reseryed to
the Declarant for itself, its successors and assigns for the expansion and development pursuant to
Section 15.1 ("Expansion and Development Risirts") shall expire twenty (20) years from the date
of recording this Declaration, unless terminated earlier pursuant to the terms and provisions of the
Act, or unless the Expansion and Development Rights are (i) extended as allowed by law or (ii)
reinstated or extended by the Association, subject to whatever tenns, conditions, and limitations the
Executive Board rnay impose on the subsequent exerciseofthe Expansion and DevelopmentRights
by Declarant.
ARTICLE XVI
DBSIGN GUIDELINES AND REVIE\\/ BOARD
Section 16. 1 Desi gn Revieu, Board and Guidelines. There is hereby established a Desigrr
Review Board (the "DesiEu Review Board"), rvhich will be responsible for the establishment ard
adnr.inistration of Design Guidelines to faciiitate the purpose and iutent of tliis Declaratiou.
D ec lar a tio n of P r o lecti.v e Co v en ant s
Rose Ranch P.U.D., Phase I
I 3-Sep-99 34
il!Itil ililt fiil[ llil Illilt llllil llHl lll lllil lil lil
623133 03/18/2@@3 04:O1P 87447 P928 1'l RLSDORF
45 of 81 R 4@6.O0 D 0.00 GRRFIELD COUNTY C0
Section 1 6.2 Pur?ose and General Authoritv. The Desigu Revjew Board will review, study
a:nd either allllrove or reject proposed improvements on the Property, all ir conrpliaice with tiris
Declaratjotr and as furlher set fofih in the Design Guidelines and such rules and regulations as tlre
Design Review Board may establish fi'om tirne to tinle to govenr il.s proceedings. No inrprovenlent
wil] be erected, lllaced, reconstructed, replaced, repaired or otherwise alter-ed, nor wi]l any
construction, repair or recorrstruction be o.onrrenced until ltlans for tlte itnprovements slrall have
beeri approved by the Deslgl Review Boar-d, provided, however, that inlp:'ovements that are
conrpletely withjn a dwelling structure may be underlakcn without such approvai.
Section 16.3 Board Discretjon. The Design Review Board will exercise its reasonable
judgment to see that all irnprovements confon:r and hannonize with any existing structures as to
extemal design, quality and iype ofconstruction, seals, materials, color,locatjon on tlrebuilding site,
height, grad,e and finisired ground elevation, landscaping, and the schemes and aesthetic
considerations set forth in the besigl Guidelines a:rd other Association Documents. The Design
Review Board, in its sole discretion, may excuse compliance with such requirements as are not
necessary or appropriate in specific situations and may permit compliance with different or
alternative requirements. The approval by the Desigl Review Board of irnprovements on the
Properly sliall carry no precedentiai weight when reviewing subsequent requests for approvals, and
the Deiign Review Board shall not bi required to approve requests for the same or similar
irnprovernents.
-1| Section16.4 DesjsnGuidelines. TheDesignGuidelinesmayinclude,amongotherflrings,
J at the sole discretion of the O"rign n"vi"* Board, ihe restrictions and limitations set forth below:
(D Procedures and necessary fees for making appiication to the Design
Review Board for design review approval, including the docurnents to be submitted and the time
lirrrits in which the.Design ReviewBoard must act to approve or disapprove any sulmission.
(ii) Time limitations for the completion, within specified periods after
approval, of the irnprovements for whicir approval is required under the Design Guidelines.
(iii) Desiglation of tlie building site on a Lot and establishing the
rnaxiurum developable areas of the Lot.
(iv) Milirnurn and maximuln square foot areas of living space that rnay
be developed on any Lot;
(v) Landscaping regulatiou.s, rvith limitations and restrictions prohibiting
the removal or requiring the replacement of existing trees, the type and use of plants, and other
practices benefitting tire protection of the envirorrrrrent, conser-vation of water, aesthetics aud
architeclural iranlony of The Rose Ranch.
Declarati.ort of P rot.ectite Coven anls
Rose Ranch P.U.D , Ph.ase l
I j-Sep-99 1rJJ
rHilr !ilil Illll! llll llllll llllll lffilll llilll lll lill
623133 O3/18/2OO3 O4z@7P 81447 P929 I'l ALSDORF
46 of 81 R 406.OO D 0.00 GRRFIELD COUNTY C0
(vj) General instructions fol the coltstluction, reconstructiott, refinishing
or alteration of any inrproveilrent, includin g any plan to excavaLe, fiil ol rual<e any other tettrporaty
or lletlnanetrt charge in the natural ol existir:g surface contour or drainage or any installation or
utility lines or coriduits on the Properly, addressing nratlets suci: as loadir:g areas, wa.sle storage,
ttash rertoval, equiprle:rt and materials storage, gtading,tratsfon::els and metet-s.
The Design Review Board nlay arlend, repeal and augnient the Design Guidelines fi'o:n tirle
to tinre, in tire Desig:i Review Board's sole discretion. The Design Guidelines will be binding on
all Ow::ers and other persolls govemed by this.Declaralion. Notwithstar:ding the foregoing, the
Design Review Board is empowered in its discretion to grant vadances from the requirements of the
Design Guidelines under unique or unusual circumstances.
Section 16.5 Design Review Board Membership. The Design Review Board will be
composed of not less than tluee (3) persons nor more than five (5) persons. Tire Desigrr Review
Board need not include any Member of tlre Association. All of the rnembers of the Design Review
Board will be appointed, removed and replaced by Declarant, in its sole discretion, until all the Lots
comprising the Property are sold unless required otherwise by the Act, or such earlier tirne as
Declarant may elect to voluntarily waive this right by notice to the Association, and at that time the
Executive Board will succeed to Declarant's right to appoint, remove or replace the members of the
Design Review Board.
Section 16.6 Orsanization and Operation of Design Review Board.
A. The term of office of each member of the Design Review Board, subject to
Section 16.5, will be one yeEr, commencing January I of each year, and continuing until his
successor shali have been appointed. Should a Design Review Board member die, retire or become
incapacitated, or in the event of a temporary absence of a mernber, a successor rnay be appointed as
provided below.
B. So long as Declarant appoints the Design Review Board, Declalant will
appoint the chairrnan. At such time as the Design Review Board is appointed by tire Executive
Board, the chairman will be elected annually frorn arnong tire members of the Design Review Board
by a majority vote of such members. In the absence of a chaiman, the party responsible for
appointing or electiirg the chairman may appoint ol eiect a successor, or if the absence is temporary,
an interim chairrnan.
C. The Design Review Board chainnan rvill take charge of and conduct all
meetings and will provide reasonable notice to each rnember of the Design Review Board prior to
any meeting. The notice will set forlh the time and place of the meeting, and notice may be waived
by auy mernber.
D. Tire affimative vote of inajority oftire meinbels of the Design Reviera, Board
will govem its actions and be tlte act of the Design Review Board.
D eclaratio tt of P rotectite Coyen.ants
Rose Ranch P.U.D., Ph.ose l
I 3-Sep-99 -10
ilillll llllllllffi llll llllll lllll! [ul lll llllH]ll lHl
ai{iis ei;tlaiiosC si,ste 81447 Ps30 l'l RLSDoRF
ii-.i-ei R 406 .oo D 0.00 GRRFIELD couNTY c0
E. TheDesign Review Board rnay availjtselfofotheltecllrical and pI-ofessional
advice and consultar:ts as its deems allpropriale, and flre Design Review Board nray delegate its plan
revierv responsibilities, except final r-errieu, a:rd apltroval, to one or ntore of its nrembers or to.
cot:sultatrtsretainedbytlieDesignReviewBoald. Uponthaldelegation,tlieapprovalordisapproval ,
of plans and specifications by such nrenrber or co:rsultant wjll be equivalent to approval ot'
disapproval by the entjre Desigrr Review Board.
Section 16.7 Expenses. Except as provided in this Section below, all expenses of the
Design Review Board will be paid by tl:e Association ard will constitute a Comrnon Expense. The
Desigri Review Board will have the right to chalge a fe for each application submitted to it for
review, in an arnount which may be establisired by the Design Review Board from time to time, and
sucir fees will be collected by the Design Review Board and remitted to the Association to help
defray the expenses of the Design Review Board's operation. Further, the Design Review Board
may retain the services of a tirird party consultant to assist the Design Review Board in reviewing
a particular application. In such event, the Design Review Board rnay charge the applicant for the
professional fees incurred in retaining such consultant.
Section 16.8 Other Requirements. Compliance with the Association's designreview
process is not a substitute for oompliance with County of Garfield building, zoning and subdivision
regulations, and each Owner is responsible for obtaining ail approvals, licenses, and permits as may
be required prior to conrmencing construction. Further, the establishment of the Design Review
Board and procedures for architectural review will not be construed as changing any rights or
restrictions upon Owners to maintain and repair their Lots and improvements as otherwise required
under the Association Docurnents.
Section 16.9 Limitation of Liabiiity. Neither theDesign Review Board nor any individual
Design Review Board member will be liable to any person for any official act of the Design Review
Board in connection with subrnitted plans and specifications, except to the extent the Design Review
Board or any individual Design Review Board mernber acted with maiice or wilful wrongful intent.
Approvai by the Design Review board does not necessarily assure approval by the appropriate
govemmental or cornmission for the County of Garfield, Notwithstanding that the Desigrr Review
Board has approved plans and specifications, neither the Design Review Board nor auy of its
tnembers will be responsible or liable to any Owner, developer or contractor with respect to any loss,
liability, claim or expense which may arise by reason or such apploval of the construction of the
improveurents. Neither the Executive Board, the Design Review Board, nor any agent theteof, nor
Declatant, nor any of its partners, empioyees, agents or consultants rvill be lesponsible in any way
for any defects in any plans or specifications subrnitted, revised or approved in accordance with the
provisions of the Association Documents, nor for any stmctural or other defects in any rvotk done
according to such pians and specifications. In ali events the Design Review Board wili be defended
and indeirurified by the Association in any suclt suit or proceeding which may adse by reason of tire
Desigrr Review Board's decisioiis. The Association, Ilowever, rvill not be obiigated to indenurify
each member of the Design Review Board to the extent that any such membel of the Desigl Revierv
D ecl aral.ion of Protectit,e Coven a nls
Rose Ranch P.U.D., Phase l
I 3-Sep-99 3l
ilHilr lIlll 1ilffi llll llllll illlil lllll lil llllll lIl ffil
623133 O3/L8/2@03 A4tO1P g13q7 P931 I'l RLSD0RF
48 of El R 406.00 O 0.00 GRRFIELD COUNTY C0
Board is adjudged to be liable for nralice or wilful wrongful intenl. in the pelfonrlarco of hjs duty as
a :rentber of the Design Review Board, u:rless and then only to the exterrt that tlie cout-t in wirich
such action or suit nray be brought detenlines upon applicaliorr tliat, despite the adjudication or
Iiability but in vierv of all circumstarces of the case, suclrperson is failly aud reasonably entitled to
indenrnification for such expense as such court shall deenr proper.
Section I 6. I 0 Enforcement.
A. Aly member or authorized consultant of the Design Review Board, or any
authorized officer, Director, ernployee or agent of the Associatio:r rnay entet upon any Lot at any
reasonable time after notice to the Owuer, without being deemed guilty of trespass, in order to
inspect improvements constructed or under construction on the Lot to detennine whether the
irnprovements have been or are being built in compliance with the Association Documents and the
plans and specifications approved by the Design Review Board.
B. Before any improvernents on a Lot may be occupied, the Owner of the Lot
will be reqirired to obtain a temporary certificate of compliance issued by the Design Review Board
indicating substantial completion of the improvements in accordance with the plans and
specifications approved by the Design Review Board, and imposing such conditions for issuance of
a final certificate of compliance issued by the Design Review Board as the Design Review Board
may determine appropriate in its reasonable discretion. Without limiting the generality of the
preceding sentence, the Design Review Board may require that the Owner deposit with the board
such sums as may be necessary to complete the construction and landscaping on the Lot by a
specified date. If the construction and landscaping is not completed as scheduled, the Design
Review Board may apply the deposit to cover the cost of completing the work and enforce such other
remedies as are available to the Association for the failure of the Owner to comply with these
covenants, including, without lirnitation, the remedies set forth in this Section.
C. Upon completion of constmction, the Design Review Board wili issue an
acknowledged certificate of compliance setting forth generaiiy whether, to the best of the Design
Review Board's knowledge, the improvements on a particular Lot are in compliance with the tenns
and conditions of the Design Guidelines
D, Every vioiation of these covenants is hereby declared to be and to constitute
a nuisarice, and every public or private rernedy allowed for such violation by law or equity against
a Member will be applicable. Without iirniting the generality of the foregoing, these covenants may
be enforced as provided below:
to abidebytireDesign,?*,,*#'"'"?0"IilHff3::ij,'aTJi,:LJJ;,"I:11["f,*l?:,1;'ix1]l:
obtain any required approval fi'onr the Design Revieu, Board.
D eclarati.ort of Protecti,e. Coyenan.ts
Rose Ranch P.U.D., Phase l
l3-Sep-99 ao
ilHilr Hlll illll! ilil illlll llltil lllll lll llltll lll lIIl
623133
49 of
O3/78/2OO3 OAtO7P 8L447 P932 l'1 ALSD0RF
81 R 406.OO O O.@O GRRFIELD COUNTY CO
(1i) The Association, upon request of the Design Review Board and after
reasonable notice to the offender and, if different, to the Owner, :may enl"er upon ally LoL al any
reasonable time after-notice to tlie Owr:eL, witlrout being deenred guilty of trespass, and renrove any
inrprovenrent co:rstmcted, reconstructed, refinished, altered or nrairrtajned in violation of these
covenarits. The Owner of the inrprovenrent will imnrediately reirlburse the Associ.atio:r for all
exllensesincuredincomectionwithsuchremoval. IftlreOwnerfailstoreir:rbursetheAssociation
wjthin thi:ty (30) days after tlie Association gives the Owner notice of the expenses, tlie sum owed
to the Association will bear interest at tire default rate fi'om the date of the advance by fte
Assocjation tluough the date of reirnburs.ement in full, and all such sunrs and interest will be a
Default Assessment enforceable as provided in Article Xi.
(iii) All improvements cotrunenced on the Property will be prosecuted
diiigently to cornpletion and willbe cornpleted within one (1) yex after colnmellcetnent, unless an
exception is granted in writir:g by the Design Review Board. If an irnprovemeut is comnrenced and
construction is therr abandoned for more than ninety (90) days, or if construction is not completed
within the required one (1) year period, then after notice and opporlunity for hearing as provided in
the Bylaws, the Association rnay impose a fine of $ 1,000 per day (or such other reasonable amount
as the Association may set) to be charged against the Owner ofthe Lot until construction is resumed,
or the irnprovement is completed, as appiicable, unless the Owner can prove to the satisfaction of
the Executive Board that such abandorunent is for circumstances beyond the Owner's control. Such
charges willbe a Default Assessment and lien as provided in Article XL
Section 16. 1 i Bindine Effect. The actions of the Design Review Board in the exercise of
its discretion by its approval or disapproval of plans and other information subrnitted to it or with
respect to any other rnatter before it will be conciusive and binding on all interested parties.
ARTICLE XVII
PROPERTY USE RESTRICTIONS
Section 17.1 General Restriction. Subject to Declarant's rights under this Declaration, the
Property will not be used for any purpose other than as set forth in these covenants, as permitted by
any applicable ordinances of the Couuty of Garfieid and the laws of the State of Colorado and the
United States, and as set forth in the Association Docunents or otirer specific recorded covenauts
affecting all or any part of the Property.
A. Use of Lots. Subject to Section 17.5, which peirnits cetlain business uses of
a Lot, and Section 3.5.F, whicir pemits rnodel residences and offices under cettain circuntstances,
eacli Lot may be used only for residential purposes iu accordauce with the restrictions applicable to
a particular Lot set forth in this Declaration, the Plat, P.U.D. Resolutions of Approval aud P U D
Map. No business or cornmercial building may be erected on any Lot and, except as noted above,
no business or comrercial enterprise or other non-residential use may be conducted on any parl of
a Lot.
D eclaration of Pro tectite Cot,en.ants
RoseRanch P.U.D., Phase l
I 3-Sep-99 39
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ozslJg sat,stzsg3 @4t@1P 8L447 P933 I'l RLSDoRF
50 of 61 R 406.@0 D 0.00 GRRFIELD C0UNTY C0
. B. Excavation. No excavatiol will be nrade except itt conlrection rvith
improve:nents approved as provided in these cove:larts. For pur'poses of this Section, "excavation"
u1"u,r, any disturbance of the surfa.ce of the land which results itt a reuroval of earth, rock, trees, or
otirer subst at)ce adeptli of nrore than eighteen ( 1 8) jnches below tire natural surface of the land'
C. Water and Sa:rjtation. Eac| structure designed for occuparcy shall corulect
wjth the sanitation facilities ma.de available by the Roaring Fork Water-and Sanitation District and
the donrestic and irrigation facilities made uruil"bl" by the Association and/or other approved utility
provider.
D. Wells/Drilling. Nowell fromwhichwater, oil orgas isproducedwillbedug,
por will storage tanJcs, rese1oirs, or alty installation of power, telephone or other utility lines (wire,
pipe or conduit) be made or operated anywhere on the Property except in connection with water
wells and works operated by public agerrcies or duly certifiid public utility cornpanies; provided,
however, that the foregoing-will not pievent the driiing of or installation of additional water wells
by Declarant or its urrignr. The drilling or excavation for minerals shall not be permitted on the
Property
E. Antennae. No exterior radio, television, microwave or other anterurae or
anterurae dish orcigrul *ptor" "rrd
distribution device will be permitted without the prior written
consent of the Design Review Board, and appropriate screening.
F. Siens. No signs of any kind will be displayed to the public view on or from
anyportion oftheProperty except signs ofDetlarantoritsaffiliates, assigns ordesignees established
ao.rng the period of Declarant control of the Executive Board (including, without limitation, certain
infoniatioiral, directional and multi-family project signs) or signs required by law or signs approved
by the Desigrr Review Board. No "For Sali" or "For Rent" sign may be posted on any Lot, except
for staldard "for Sale" or "for rent" sigrrs that do not eXceed four square feet'
G. furimals and Pets. No animals, livestock, or poultry of any kind will be kept,
raised., or bred on any portiop of the Property, except dogs (subject to the limitations in
Section XVIII herein), cats or other househoid pets (the kiu,C and nurnber ofwh'ich may be regulated,
pennitted or prohibited from time to tine by the Association Rules).
H Contaiument. Household pets, such as dogs and cats, malr not be perrnitted
to run at large at any time. Those pets which, in1h" sole discretion of the Executive Board, make
objectionabL nois", endanger the healtli or safety of, or- constitute a nuisance or inconvenience to
the occupants or other Lots or rvildlife shall be removed upon request of the Executive Board' if the
pet owner fails to honor such request, the Executive Board may retnove the pet.
I. Drairiage. No Orvner will do or penlit any wott, place any laridscaping or
install any other i npr'ov"*"iiG o, suffer tire existence of any condition rvhatsoever wirich rvill alter
Declarati.on of Pro tective Covenan ts
RoseRanch P.U.D., Plnse l
I 3-Sep-99
t,
40
lllillt !ilil ilil[ lilt ililil ililil illll til ilffi Iil Hl623133 03/18/2903 O4:@7P 8L447 p934 tt RLSDORF51 of 81 R 406.oo D 0,00 GRRFIELD COUNTY C0
or iriterfere witir the drainage patteli't fbr tiie Ploperly, excepilto the extent such alteralion and
drainage pattei:r is approved in writing by the Desig:r Review Board or tlte Executjve Board, a::d
except for rights reserued to Declarant lo alter or charge drainage paltems.
J. Constructjor: Regulations of the Desjgn Guideli:res. AII Owners and
contractors will cornply with tlie portioirs oftlie Design Gujdelines regulaling construction actjvities.
Suclr regulations 6ay affect,without limitatior-r, the following: trash and debris removal; sa::itary
faciiities; parkir:g areas; outside storage; restoration of damaged property, conduct ar:d beliavior of
bujlders, subconiractors alrd Owr:ers' representatives on the Properly at any tirne; the conservatiou
of landscape materials, and fire protection.
K. Blastine. If any blasting is to occur, the Design Review Board and Declarant
will be infonned far enough in advance to allow thenr to urake such investigation as they deem
necessary to confirm that appropriate protective measures irave.been taken prior to tire blasting. No
blastingshalloccurwithouiiuclipriorwrittenapproval. Notwithstaridingtheforegoing,noapproval
of any blasting by Declarant of the Design Review Board will in any way release the person
conducting the biasting frorn all liability in connection with the blasting, nor wili such approval in
any way bi deemed to make Declarant or the Design Review Board liable for any damage which
rnay occur from blasting, and the person doing the blasting will defend and hold harrnless and hereby
indemnifies Deciarant and the Design Review Board from any such expense or liability. Declaralt
or the Design Review Board may impose any reasonable conditions and restrictions, including time
and date restrictions, on all blasting.
L. Temporary Structures. No temporary strucfures will be pennitted except as
rnay be determined to be neiessary during construction and as specifically authorized by the Design
Review Board.
M. No Conversion. No Ownershall consffuctorconvert anycarport,garage,attic
or other unfinished space, other than a basernent, to finished space for use as an apartment or other
integral part of the living area on any residence without approval of the Desigu Review Board, the
Association and the Garfield County Building Department.
N. No Outside Clotheslines. No laundry or wash will be dried or hung outside
on the Property.
O. Motorized Vehicles. No tmcks, trail bikes, recreational vehicles, motor
homes, motor coaches, snownobiles, campers, trailer, boats orboat trailers or siuu'lar-+{cles, other
than passenger automobiles or pickup or utility trucks with a capacity o(one-iralf tou or IdFs, or any
other motorized vehicles will be palked, stored or in any marurer kept )rp.lacedorranf-portion of
tlie Property except in an enclosed garage. This restriction, however, wili noi be deenred to prohibit
conrnercial a1d colstructiol vehicles and constructiou lrobile offices, in the ordinary course of
business, fiom making deliveries or othenvise providing sewices to tire Property or for Declarant
or tlie other Owners.
Declaratiott of P ro tective Cot,enants
Rose Ranch P.U.D., Phase l
) 3-Sep-99
o
41
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623133 @3/t8/2O03 @4:@7P 87447 P935 11 ALSDORF
52 of 81 R 406.OO D 0.00 GRRFIELD COUNTY C0
P. Parlcinq arrd Auto Repair. No autonrobiles or other vehicles will be parked
ir any street or upon any porlion of the Propefly, excepL withitr Earages, carpofls or designated
parkingareas,exceptasprovidedherejn. Nowor-kona.utomobilesorother vehic)erepzir will be
perfor::red in ary visjble or exposed porlion of the Properly exceltt i:r emergencies.
a Abandoned. Inoperable. or Oversized Vehicles. No abandoned or inoperable
vehicJes of any kind will be stored or parked on any pofiion of the Properly, other than within
enclosed garages, except as provided below. "Abandoned or inoperable vehicle" is defined as any
vehicle which has not been driven under its own propulsion for a period of tlu'ee weeks or longer;
provided, however, this will not include vehicJes parked by Ownels while on vacation or residing
away froni the Property. A written notice describing the "abandoned or inoperable vehicle" a:rd
requesting its removal rnay be personally served upon the Owner or posted on the unused vehicie.
If such vehicle has not been removed within seventy-tw o (72) irours after notice iras been given, the
Association will have the right to rertove the vehicle without liability, and the expense of removal
will be a Default Assessment charged against the Owner as provided in Section XI. AII unsightly
or oversized vehicles, snow relnoval equipment, garden maintenance equipment, and all other
unsightly equipment and machinery may be required by Declarant or flre Executive Board to be
stored at a designated location or locations. "Oversized" vehicles, for purposes of this Section, will
be vehicles which are too high to clear the entrance to a residentral garage.
R. Outside Burning. There will be no exterior fires, except barbecues and
braziers and incinerator fires contained within facitities or receptacles and in areas designated and
approved by the Design Review Board. No Owner will permit any condition upon its portion of the
Property which creates afirehazard or is in violation of fire prevention regulations. No Owner shall
permit any fireworks, except as permitted by the rules of the Association and in compliance with
applicable law.
S. Noise. No exterior horns, whistles, bells or other sound devices except
security devices used exclusively to protect the security of the Property or improvements, will be
placed or used on any portion of the Properfy.
T. Liehtine. A11 extedor lighting of the improvements and grounds on the
Property, or interior lighting visibie outsi<ie of any buil<iirig, wiil be subject to reguiation by the
Desigr Review Board.
U. Obstmctions. There will be no obstruction of any walkways or bike paths or
interference with the free use of those walkways arrd paths except as may be reasonably required in
corurection with repairs. The Owners, tireir families, tenants, guests and invitees are granted
nou-exclusive easements to use the waikrvays and paths within the Property. That use will be
subject to the Association ruies adopled by tire Executive Board [r'om tirne to time.
D eclaratiort of Protective Coven ants
Rose Ranch P.U.D., Phase l
I 3-Sep-99 42
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l
;i-;;':z-a-gao.ss o-s'00 GRRFIELD couNrY c0
V. Trail Restrictions. Any trail easements shown on the Plat, as contrasted to
Roads, are restricted to hiking, cross-country skiing, snowshoeing and mountain biking. No
motorized vehicles are permittJ on the trail eaiements, provided, however, the right to use golfcarts
.rpon the trail easements depicted upon the Plat as "Golf Easements" shall be permitted so long as
de jorfcart is used fortransportation to or from the Golf Course or during the normal course ofplay
of golf upon the Golf Course.
W. Fence Restriction. No fence, wall, hedge or mass planting shall be
constructed or permittra *ittrout th" "*pr.s written approval of the Design Review Board'
X. Camping and Picnicking. No camping orpicnicking will be allowed within
the property except in tt os" areas designattd fot those purposes. The Executive Board, in its
discretion, may ban or permit public assemblies and rallies within the Property.
y. House Numbers. Each dwelling unit will have a house numberwith a design
and location established by the Design Review Board'
' Z. Nuisance. No obnoxious or offensive activity will be carried on within the
property, nor will *Vtfrirrg Ue aone or permitted which will constitute a public nuisance. No noise
or other nuisance wiit te f,ermitted to exist or operate upon the Property so as to be offensive or
detrimental to any otho part of the Property or its occupants.
AA. Hazardous Material. No hazardous or toxic materials (as defined under any
local, state or Fed"rul l"*, r"grtutio, o, -rdinance) will be stored, generated, emittgd from, released
from, transported to or 6ori, disposed of or used on the Property, except for normal household
purposes in such quantities as do not violate environmental laws.
BB. Water Use. Lawn and garden irrigation from the Association's domestic
water system shall be timitea per Lot to no more than ten thousand (10,000) square feet.
CC. Sewage Disposal. No sewage disposal system, sanitary system, cesspool or
septic tank shall be construited, ultered or allowed to remain or to be used on any.Lot elceft as
prfriarO frerein. All Lots within the Property shall be connected to a central sewage disposal systeq
iplrut"O and maintained by Roaring Fork Water and Sanitation District or such other water and
sanitation district or governmental or [uasi-govemmental agency providing sewage disposal senrices
to the property. Ariy ."*uge disposil rysi"* installed for Property within the Property shall be
subject to appiicauleiaws, rules and reguiations of any govemmental authority having jurisdiction.
DD. Wetlands. No improvement shall be constructed within 25 feet of any
Wetlands boundary * arpi.t.a upon thJPlat, and no residence shall be constnrcted outside the
boundaries of the building envelope existing upon certain Lots as depicted upon the Plat.
Declaration of Protective Covenants
Rose Ranch P.U.D., Phase l
I 3-Sep-99 43
Illlilt lllil lillll lllll llllll ill illlt il ilill il lllr
569194 Oglltlz$Oo OSttO? B[?OG P706 I'l RLSDORF
45 of 72 R 360.00 O 0.00 GRRFIELD COUNTY C0
EE.Tanks. No elevated tanks of any kind shall be erected, placed, or permitted
General Practices Prohibited. The following practices are prohibited at the
upon any Lot.
Propefty:
(D Allowing construction suppliers and contractors to clean their
equipment other than at a location designated for that purpose by the Design Review Board;
(ii)Removing any rock, plant material, top soil or similar items from any
property of others;
(iii) Carrying firearms on the Property;
(iv) Use of surface water for construction;
(v) Careless disposition of cigarettes and other flammable materials;
(vi) capturing, trapping or killing ofwildlife within the Property, except
in circumstances posing an imminent threat to the safety of persons using the Property; or
(viD Any activity which materially disturbs, threatens or destoys the
vegetation, wildlife, wetlands, or air or water quality within the Property or which use excessive
amounts of water or which result in unreasonable levels of sound or light pollution.
Section 17.2 Use of Propertv During Construction. It will be expressly permissible and
proper for any Owner acting with the prior written consent of the Design Review Board and for
beilarant, and their respective employees, agents, independent contractors, successors, and assigns
involved in the construction of improvements on, or the providing of utility service to, the Property,
the Golf Course, or other real property owned by Declarant, to perform such activities and to
maintain upon portions of the Common Area as they deem necessary such facilities as may be
reasonably required, convenient, necessary or incidental to such construction and development of
the Properfy. ihis permission specifically includes, without limiting the generality ofthe foregglng,
maintaining storage areas, construction yards, model residences, sales offices, management offic9s
and equipment and signs. However, no activity by any Owner will be performed and no facility will
be mJintained on any portion of the Property in such a way as to unreasonably interfere with the use,
enjoyment or access of such Owner or his tenants or guests of and to his Lot. If any Onner's use
unierthis provision is deemed objectionable by the Design Review Board, then the Design Review
Board, in its sole discretion, may withdraw this permission.
Section 17.3 Partition or Combination of Lots. No part of a Lot may be partitioned or
separated from any other part thereof. No Lots may be combined, but the Owner of two or more
contiguous Lots may build one single family dwelling unjt on the contiguous Lots, upon complyrng
Declaration of Protective Covenants
Rose Ranch P.U.D., Phase I
l3-Sep-99
FF.
44
illlillilil illil ]illlllll llll Lllll|-Illlllll lll rubsgr5l gsttttzsgo olzloP Blaoa ?7o7 lt RLSDoRF
45 of 72 R 360.00 D 0.00 GBRFIELD C0UNTY C0
with all applicable requirements ofthe County ofGarfield, and with all applicable Design guidelines,
including, without limitation, procedures for adjusting building sites otherwise drawn for the Lots
to accommodate a larger dwelling unit, minimum and maximum limitations of living area that may
be constructed on any given number of contiguous Lots, and measures necessary to preserve any
easements reserved with respect to the contiguous Lots.
The fact that two or more contiguous Lots may be owned by one person and developed with
one single family dwelling unit will not affectlthe number of votes or the amount of Assessments
allocated to the Lots. If the Owner is required by the County of Garfield or any other governmental
authority or by a Mortgagee to replat the Lots in order to construct improvements on the Lots, the
number of votes and the allocation of Assessments to the Lots after replatting will equal the sum of
the votes and Assessments allocated to the Lots before replatting. Each Lot will be conveyed,
transferred, gifted, devised, bequeathed, encumbered or otherwise disposed of, as the case may be,
withall appurtenantrights and interests createdbylaw orbythis Declaration, includingthe Owner's
membership in the Association and the right to use the Common Area, and with the appropriate
allocation of voting rights and liability for Assessments established for the Lot as provided in this
Declaration.
Section 17.4 Leasing. The Owner of a Lot will have the right to lease his Lot, subject to the
following conditions:
(viii) All leases will be in writing.
(ix) The lease shall be specifically subject to the Association Docume'nts,
and any failure of a tenant to comply with the Association Documents will be a default rurder the
lease, enforceable by the Association.
(x) The Owner shall be liable for any violation of the Associatior,r
Documents committed by the Owner's tenant, without prejudice to the Owner's right to collect any
sums by the Owner on behalf of the tenant
Section 17.5 Businesses. No Owner shall conduct anybusiness, trade, garagesale, moving
sale, rummage sale or similar activity on any Lot, except that an Owner or occupant residing on a
Lot may conduct business activities within the residence so long as: (a) the existence oroperation
of the business activity is undetectable to the senses of sight, sound or smell from outside the
residence; (b) the business activity conforms to all zoning requirements for the Property; (c) the
business activity may be carried out within the confines of the residence and is free from regular
visitation of the residence by clients, customers, suppliers or other business invitees or door-todoor
solicitation ofresidents ofthe Property; and (d) the business activity is consistent with the residential
character of the Property; or such business activity satisfies the definition of home-based day care
contained within the zone district text for the Rose Ranch P.U.D.
Declaration of Protective Covenants
Rose Ranch P.U.D., Phase I
l j-Sep-99 45
f ttTl|.qu[ |||]t,I{tl tu! [lL|ll|!LH [[H[l47 of 72 R 360.00 D 0,00 GRRFIET-O cOUnii-co"'
This subsection shall not apply to any activity conducted by the Declarant or a builder
approved by the Declarant with respect to the development and sale of the Property, or the
Declarant's use of any Lot.
Section 17.6 CompliancewithL s. Subjecttotherightsofreasonablecontest,eachOwner
will promptly complywith the provisions of all applicable laws, regulations, ordinances, and other
governmental or quasi-governmental regulations with respect to all or any portion of the Property.
Each owner will abide by any wildlife regulations imposed by the Association or any agency or
authority having jurisdiction over the Property.
Section 17.7 Enforcement. Notwithstanding anything in the foregoing to the contrary, the
Executive Board may prohibit any activity, business or otherwise, which, in the sole direction ofthe
Executive Board, constifutes a nuisance, or ahazardous or offensive use, or threatens the security,
safety, or quiet enjoyment of other residents of the Property. The Association may take such action
as it deems advisable to enforce these covenants as provided in this Declaration. In addition, the
Association will have a right of entry on any part of the Propgrty for purposes of enforcing these
Articles, and any costs incurred by the Association in connection with such enforcement which
remain unpaid thirty (30) days after the Association has given notice of the cost to the Owner and
otherwise complied with Act will be subject to interest at the default rate from the date of the
advance by the Association through the date ofpayment in full by the Owner, and will be freated as
a Default Assessment enforceable as provided in Article XI.
Section 17.8 Use of the Words "The Rose Ranch" or Logo. No Person shall use the words
"The Rose Ranch" or any derivative thereot or any other name given to the Property by the
Declarant, orthe logo ofthe developmentin anyprintedorpromotional materialwithoutDeclarant's
prior written consent. However, Owners may use the term "The Rose Ranch" in printed or
promotional matter where such term is used solely to speciff that particular property is located
within The Rose Ranch and the Association shall each be entitled to use the word "The Rose Ranch'
in its narne
Section 17.9 AEreements with Adjacent Property Owners. The owners of some or all of the
nonresidential properties adjacent to the Property may be obligated to share in certain costs
associatedwiththemaintenance, repair, replacement and insurance ofportionsofthe CommonArea,
if any, which are used by or benefit jointly the owners of such nonresidential properties and the
Owners within the Property, by agreement, contract or covenant to share costs. The owners of the
nonresidential properties shall not be subject to the resfrictions contained in this Declaration except
as otherwise specifically provided herein.
ARTICLE XYIII
ADDITIONAL RESTRICTIONS FOR WILDLIFE PROTECTION
Declaration of Protective Covenants
Rose Ranch P.U.D., Phase l
I 3-Sep-99 46
L Ltr,tr.' luf l ut# ulf I u! |!llu! ltl[ |lr ll.'.[[l!l
48 of z2 R 360.o0 o 0.00 GnRFrelo-cotinii-c6'
Section 18.1 WildlifeRestrictions. lnordertopreserve,protectandpromotethewell being
of The Rose Ranch's existing wildlife, the use of the Property, and each Lot thereon, and the rightJ
and easements ofenjoyment in and to the Common Areas created hereunder are restricted as follows:
A. - Access to, entry upon andlor use of that portion of Property identified anddepicted upon the Plat as the BIue Heron Conservation Easement is expressly sudect to and shall
be governed by all the terms, conditions and restrictions set forth in
-the
Giant of Conservation
Easement executed by Roaring Fork Investnlents, LLC and the Roaring Fork Conservancy onffi&trLy y^i'#,tx, *lT;',2::v ^a x* i;;
B. Access to or entry upon that orffffi"r*- -ng west of countyRoad 109 ("Western Parce!') shall be closed to the public and to VflmUers from December lithrough March 31'r each year; provided, however, Declarant reserves unto itself, its agents,
successors and assigns the right to use any portion of such property for the pu{pose of maintining
the Golf Course.
C. Access to or enty upon that portion of the Western Parcel
depicted upon the llat as the Golden Eagle Protection Zone shall be closed to
Members from March l5d'to July I't each year.
D. The Association shall be responsible for the continued maintenance and careofthe Wildlife Improvements constructed and installed on the Property by the Declarant iaeniiiJbelow:
(i) the educational signs installed at the Primary Overlook, identified and
(ii) the habitat improvement measures constructed and identified in the
TCPOTt titlEd, RECOMMENDATIONS FOR IMPROVING BIG GAME HABITAT oN THE RosERANCH DEVELOPMENT WEST OF COUNTY ROAD 109, prepared by Beattie N;tur;
Resources Consulting, Inc. on October 22,199.8,as the same may be-further amended or altered by
the Declarant with the approval of the colorado Division orwiiame;
(iiil the vegetative screening installed along the east boundaries ofLots 70-80 and 108-l l8 to screen home sites and backyard activities toclatea therein from the Blue
Heron rookery;
(iul the vegetative screening installed along the north boundary of theTeller Springs Buffer, identified and depicted on the plat; and
identified and
the public and
(v)
Conservation Easement.
Declaration of Protective Covenants
Rose Ranch P.U.D., Phase l
I 3-Sep-99
the artificial nesting platform(s) installed within the BIue Heron
47
O
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E. All areas identified and depicted upon the Plat as Riparian Areas shall be
preserved in their present natural character and condition to as great a degree as possible and no
activity shall be permitted thereon which shall modifr or alter their existing character and condition.
F. No tree or vegetation removal shall be permitted within the Riparian Areas
except as may be necessary, in the determination of the Associationo to remove a dangerous
condition or to control an invasive species.
G. The area identified and depicted on the Plat as the Teller Springs Buffer Zone
shall be maintained in sage brush or other natural vegetation
H. Access to or entry upon that area identified and depicted on the Plat as the
Blue Heron Protection Zone shall be closed to the general public and Members February 15m through
July 15e.
I. No more than two (2) domestic animals shall be permitted to be kept upon any
Lot. Lot 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 may be
promulgated by the Association:
(i) No more than one dog, including puppies, shall be kept by any Lot
Owner at any time upon any one (1) Lot.
(ii) Dogs shall be kept under the control of their Owners at all times and
shall not be permitted to run freq or to cause a nuisance in the Property. No dogs shall be allowed
beyond the boundaries ofthe Lot owned by the person(s) where the dog is housed unless leashed and
accompanied by a person in full control of such dog.
(iii) Dogs shall not be allowed to bark continuously, which shall be defined
as barking for a continuous fifteen (15) minute period, including successive barks or a series ofbarks
which repeat or resume following a brief or temporary cessation.
(iv) Whennot accompaniedbyaperson, all dogs shallbe leashed, chained,
"electric fenced," or kenneled. The location of kennels shall be subject to review of the Design
Review Board.
(v) All dogs shall be kept reasonably clean, and all Lots shall be free of
refuse and animal waste.
(vi) Should any dog chase ormolest deer, elk or any domestic animals or
persons, or deshoy or disturb property of another, the Association shall be authorized to prohibit the
Declaration of Protective Covenants
Rose Ranch P.U.D., Phose I
I 3-Sep-99 48
Illlilt Iililililt lililllliltflil ilt]ilil]lt ilt lllt569194 09/tt/2000
50 of 72 R 360.00
@5:lOP
o o.og
8t206 P71t it RLSDoRF
GRRFIELD COUNTY CO
Owner or any tenant, invitee, event, guest or other user of a Lot from continuing to maintain the
offending animal on his property and may dispose of that animal, ifnecessary, to protect wildlife or
other Owners, Persons or property. The offending dog owner shall be provided written notice of
such action at least two (2) days before disposal occurs. Within such two (2) day period, the
offending dog shall be kenneled at a licensed kennel. All charges associated with action taken by
the Association may be assessed against either the Owner and/or the dog owner, or both, at the
Association's sole option.
(vii) Notwithstanding the foregoing, no animal may be kept upon a Lot
which, in the sole discretion and judgment of the Executive Board results in any annoyance or is
obnoxious to Lot Owners within the Subdivision.
J. The Association and all Lot Owners are prohibited from chasing, scaring,
disturbing, hazing, or other using any other form ofharassment to coerce big game (deer and/or elk)
off of the Golf Course or Common Area.
K.The Association and all Lot Owners hereby waive and shall hold the Colorado
Division of Wildlife harmless from, any and all claims for damages to landscaping improvements
or omamental plants located on the Lots or Common Area resulting from the activities ofbig game
(deer and/or elk).
L. The Association and the Lot Owners shall be responsible for the removal and
proper disposal of all animal carcasses located upon the Common Area or Lots, as may be
appropriate
M. The Association shall assess and enforce penalties against Owners violating
any of the wildlife restrictions set forth in this Section l8.l as follows: One Hundred Dollars
($100.00) for the first violation committed by an Owner; Two Hundred Dollars ($200.00) for the
second violation; Three Hundred Dollars ($300.00) for the third violation; and for each succeeding
violation the fine increases in One Hundred Dollar ($ 100.00) increments. The dollar amounts ofthe
fines may be changed upon the approval of the Executive Board.
N. The restrictions of this Section l8.l shall be enforceable in perpetuity and
shall not be amended or terminated by action of the Association, Owners or Declarant nor by any
provision for termination of this Declaration. The restrictions of this Section 18.1 shall be
enforceable in any and all manner provided in this Declaration by the Association, Owners,
Declarant, Garfield County or any state or federal agency charged with the preservation ofwildlife
and wetlands areas. Any such enforcement action shall entitle the enforcing party to recovery of
darnages equal to the cost of restoration of the property, and such enforcing party shall be entitled
to an award of reasonable attorney fees and costs of enforcement, including but not limited to court
costs, expert witness fees, costs of depositions and exhibits.
Declaration of Protective Covenants
Rose Ranch P.U.D,, Phase I
I 3-Sep-99
t
49
Llllllll!il ililr lril tilill til ill] il ililfl !il lllt569194 O9/|1/2OOO oSrt0? B[?OG ?7t2 n RLSDORF51 of 72 R 360.00 O O.00 GRRFIELD C0UNTY CO
ARTICLE XIX
MORTGAGEE'S RIGHTS
The following provisions are for the benefit of holders, insurers, or guarantors of First
Mortgages on Lots. To the extent applicable, necessary, or proper, the provisions of this Article XIX
apply to this Declaration and also the Articles and Bylaws of the Association.
Section l9.l ApprovalRequirements. Unless atleast 5I%ooftheMortgageesholding First
Mortgages against any portion of the Property (based on one vote for each Mortgage owned), and
at least 67% of the Owners (other than Declarant) have given their prior written approval, the
Association shall not be entitled to:
(i) By act or omission seek to abandon, partition, subdivide, sell, or
transfer all orpart ofthe Common Area (provided, however, that the granting of easements orrights
of way for public utilities or for other public purposes consistent with the intended use of such
Common Area shall not be deemed a transfer within the meaning of this clause);
(ii) Subject to the expansion rights of Declarant set forth in Article XV,
change the method of determining the obligations, Assessments, dues, or other charges which may
be levied against an Owner;
(iii) Fail to maintain insurance required to be maintained under this
Declaration;
(iv) Use hazard insurance proceeds for losses to improvements in the
Common Area for other than the repair, replacement, or reconstruction of such propefty.
The failure of a Mortgagee to object in writing to an amendment within tlfrty (30) days afterreceipt
of request for approval shall be deemed an approval of such amendment.
Section 19.2 Title Taken by Mortgagee. Any Mortgagee holding a First Mortgage of
record against a Lot who obtains title to the Lot pursuant to remedies exercised in enforcing the
Mortgage, including foreclosure ofthe Mortgage or acceptance.of a deed in lieu of foreclosure, will
be liable for all Assessments assessed against such Lot, whether such Assessments were assessed
prioi to or after Mortgagee has taken title to such Lot.
Section 19.3 Distribution of Insurance or Condemnation Proceeds. In the event of a
disftibution by the Association of insurance proceeds or condemnation awards allocable among the
Lots for losses to, or taking of, all or part of the Common Area, neither the Owner nor any other
person shall take priority in receiving the distribution over the right of any Mortgagee who is a
beneficiary of a First Mortgage against the Lot.
D eclaration of Protective Covenants
Rose Ranch P-U.D., Phase I
I 3-Sep-99 50
O
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559194 Ogltl/zoA0 OS:LOP BI2OG P713 ll RLSDORF
52 of 72 R 360.OO O 0.00 GRRFIELD C0UNTY C0
Section 19.4 Right to Pay Taxes and Charges. Mortgagees may, jointly or singly, pay ta:res
or other charges which are in default and which may or have become a charge against any Common
Area, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance
coverage on the lapse of a policy for such Common Area.
ARTICLE x)(
DURATION OF COVENAI{TS AND AMENDMENT
Section 20.1 Term. The covenants and restrictions of this Declaration shall run with and
'bind the land in perpetuity, subject to the termination provisions of the Act.
Section 20.2 Amendment. This Declaration, or any provision ofit, may be amended at any
time by Owners holding not less than 67yo of the votes possible to be cast under this Declaration at
a meeting of the Owners called for that purpose, except as limited by Article XIX. Any amendment
must be executed by the President ofthe Association and recorded, and approval of such amendment
may be shown by attaching a certificate of the Secretary of the Association to the recorded
instrument certiffing the approval of a sufficient number of Owners of the amendment. No
amendment to the Declaration which affects the rights ofDeclarant reserved hereunder shall be valid
without the written consent of Declarant. Notwithstanding the foregoing, Declarant, acting alone,
reseryes to itself the right and power to modiS and amend this Declaration and/or the Plat to the
fullest extent permitted under the Act. Further, the Executive Board may, pursuant to the provisions
of the Act, petition the district court in which the Property is situated to amend this Declaration as
provided in the Act.
Section 20.3 Revocation. This Declaration shall not be revoked, except as provided in
Article XIV regarding total condemnation, without the consent of all of the Owners.evidenced by
awritten inshrment duly recorded.
ARTICLE XXI
SPECIAL DISTRICT
The Association shall have the power, and is hereby authorized, to contract with and to
cooperate with the Special District in order to ensure that their respective responsibilities are
discharged. The Association is further authorized to act on behalf of its Members to ensure that the
level of services provided by the Special District, if created, is consistelrt with the community-wide
standard.
Each Ovrner, by acceptance of his or her deed or recorded contract of sale, is deemed to
covenant and consent to the creation of the Special District and to executing a separate document
so consenting to the creation of the Special District, if requested to do so by the Declarant.
Declaration of Protective Covenants
Rose Ranch P.U.D., Phase I
I 3-Sep-99 5l
o
illlilt l]il tillll lilt Llill til ililt il il]til il llll
569194 09/ lll?OOO OSt IOP
53 of 72 R 360.00 O O.OO
91206 P714 II RLSDORF
GRRFIELD COUNTY CO
ARTICLE XXII
GENERAL PROVISIONS
Section 22.1 Declarant Powers.
A. Notwithstanding anything in this Declaration to the contrary, the Declarant
hereby reseryes the following special declarant rights to the fullest extent permitted by the Act: To
complete improvements indicated on plats and maps filed with this Declaration or Supplemental
Declaration; to exercise any development right (as defined in the Act); to maintain sales offices,
management offices, signs advertising the Property and models; to use easements through the
Common Areas for the purpose of making improvements within the Property or within real estate
which may be added to and made subject to this Declaration; to make the Property subject to a
master association; to merge or consolidate a common interest community of the same form of
ownership; and to appoint or remove any officer ofthe Association or any Executive Board member
during any period of Declarant control. All such special declarant rights shall, to the maximum
extent permitted by law, be exercisable by Declarant for a period of twenty (20) years after the
Declarant no longer controls the Executive Board.
B. Notwithstanding anythingto thecontraryherein, no rightsorpowersreserved
to Declarant hereunder shall exceed the time limitations or permissible extent of such rights or
powers as restricted under the Act. Any provision in this Declaration in conflict with the
requirements of the Act shall not be deemed to invalidate such provision as a whole but shall be
adjusted as is necessary to comply with the Act.
Section2}.2 Enforcement. Except as otherwise provided in this Declaration, the Executive
Board, Declarant, or any Owner (provided the Executive Board fails to take action afterreasonable
notice is given to the Executive Board by such Owner) shall have the right to enforce, by a
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges
now or hereafter imposed by the provisions of this Declaration. Failure by the Executive Board of
the Association, Declarant, or by any Owner to enforce any covenant or restriction contained in this
Declaration shall in no event be deemed a waiver of the right to do so thereafter. The prevailing
party in any legal action arising under this Declaration shall be entitled to reimbursement of all costs
of such action including, without limitation, reasonable attorneys' fees.
Section 22.3 Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full force
and effect.
Section 22.4 Conflicts Between Documents. In case of conflict between this Declaration
and the Articles and the Bylaws of the Association, this Declaration shall control. In case of conflict
between the Articles and the Bylaws, the Articles shall control.
D eclaration of Protective Covenants
Rose Ranch P.U.D., Phase I
13-Sep-99 52
rIIlilililllllll llllllllll llll llllll lll lllllll ll llll
s69194 09/ll/2000
54 of 72 R 360.00
OSzIOP 91206 P?15 1'l 0LSDORF
D O.OO GRRFIELD COUNTY CO
ROARING FORK INVESTMENT, L.L.C.,
a Colorado limited liability company
I
By:
STATE OF COLORADO
COLTNTY OF Garfield
)
) ss.
)
The foregoing instrument was acknowledged before me this
\t , by Ronald R. Heggemeier as Manager of Roaring Fork
818 Golorado Avenue
ON EXPIRES: Glenwood Sprinos. CO 81601
lry Gornfirbshn expires May 1,2fi)1
Ronald R. Heggemeier,
Declaration of Protective Covenants
Rose Ranch P.U.D.
I 3-Sep-99 54
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SegtSA OU|||?OOO O5ttOP gl2OA P716 ll RLSD0RF
55 of 72 R 360.00 D O.00 GRRFIELD C0UNTY C0
O EXHIBIT A
(Property Legal Description)
Declaration of Protective Covenants
Rose Ranch P.U.D.
I j-Sep-99 55
llllffiil|l rillll lllll llllll llll lllillll llllllllLlll
biisiga -oiztttzsss oirto? Btzoa P?17 l'l RLSDoRF
56 of 72 R 360.0g D 0.00 GRRFIELD COUNTY C0
O 1 LEGAL
PAGE 1
ROSE RANCH P.U.D. PIIASE 1
. PROPERTY DESCRIPTTON
A PARCEL OF I,AND SITUATED IN I,OTS 7 , 8, g , L2,, 1,3, 15 AI{D 16 OF
SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCTPALMERIDIAIiI, COUNTY OF GARFIEI,D, STATE OF COLORADO; SAID PARCEL BEING
MORE PARTICUI,ARLY DESCRIBED AS FOLLOWS:
CoMMENCTNG AT THE NORTHWEST CORNER OF SArD SECTTON 12, A BLM BRASS CApIN PLACE; T}IENCE S 39016'].5I' E 4369.77 FEET To THE soUTHwEsT coRNER oFTHE ROSE RANCH, SATD POINT BEING ON THE EASTERLY RIGHT-OF.WAY OFcoulil:rY RoAD NO. 109, A.REBAR At{D CAp L.S. #19598 rN PLACE, TI{E porNr
OF BEGINNING; THENCE THE FoLLowING THE sEvEN (7) coURsEs AIJoNG s.[ID
EASTERLY RTGHT.OF-WAY :
1. N 13015'Og,' E 3o.g4 FEET
2. N 13040 ' 41r' E g6'.97 FEET
3 . N' 14026 ' 341' E 9.3? FEET4. ALONG THE ARC OF A CURVE TO THE IJEFT HAVING A RADIUS OF
263.67 FEET A}TD A CENTRAL A}IGIJE OF 22O42IA3I , A DISTAIVCE OF104.48 FEET (CHORD BEARS N 03"05'28'' E 103.80 FEET)5. N 0goL5,3gu w 72L.97 FEET
6. N 09037'3ou w 2:-5.26 FEET
7. N 09o32'L1" w 374.52 FEET; THENCE LEAvrNc sArD EAsrERrJy
RIGHT-OF-WAY; N 80027'491! E 6:. .66 FEET; THENCE S 69000'OO" E 1.14.g7
FEET; THENCE N 54000'00" E 195.36 FEET; THENCE N 31oLg!55n E 343.31
FEET; THENCE N 29011'53'r E 207.s4 FEET; THENCE N 53ooo'oo" w 112.99FEET; TI{ENCE AIONG TI{E ARC OF A CURVE TO THE LEFT HAVING A RADIUs oF
80.OO FEET AI.ID A CENTRATJ A}IGIJE OF 59030'10", A DTSTAI{CE OF 83.08'FEET
(cHoRD BEARS N 50o44'48x E 79.40 FEET); THENCE ATJoNG TI{E ARc oF A
CI'RVE TO TI{E RIGI{T HAVTNG A RADIUS OF 35.00 FEET AIiID A CENTRATJ ATiIGI'E
oF 55034t57tt, A DTSTAIiICE OF 33.95 FEET (cgoRp BEARS N 4go47r11" E
32.64 FEET); THENCE N ?5O34I4OI! E 45.82 FEET; THENCE ALONG THE ARC OFA CI'RVE TO ?HE RTGHT HAVING A RADIUS OF 145. OO FEET AIVD A CENTRATJ
A}IGLE OF 07059'08" A DISTANCE OF 20.2I FEET (CHORD BEARS
N 80034!14'I E 20.19 FEET); THENCE N.84033'48" E 162.26 FEET; THENCE
ALONG TI{E ARC OF A CI'RVE TO THE RIGHT HAVING A RADIUS OF 145. OO FEBT
AI.ID A CENTRAL AI{GLE OF I2O4OIOIN, A DrsTAIvcE oF 32.06 FEET (CHoRD
BEARS S 89006108" E 32.00 FEET); THENCE S 82o46tl5n E gg.g7 FEET;
THENCE N 16002'33" E 7L.09 FEET; THENCE N 5go5o'09" E 32t.51 FEET;
tHENcE N 62.010'49rr E 340.58 FEET To A porNT oN THE wEsrERr,y BouNDARy
ililtil lllil il[il llLl llllll llll llllll il lllllll]l Ltllbsslgl ogllt/2ooo o3;toP Bl2og P718 ll RLSDoRF
57 of 72 R 360.00 D 0.00 GRRFIELD C0UNTY C0
f PHASE 1
OF THAT PROPERTY DESCRIBED IN BOOK 511 AT PAGE 103 OF THE GARFIELD
COUNTY CLERK AI\TD RECORDER'S OFFTCE; THENCE THE FOLLOWfNG FOUR (4)
COI]RSES AIONG THE WES?ERLY LINE OF SAfD PROPERTY:
1. S 47?!6t43n E 189.98 FEET
2. q 34028 ' 09]' E t23.72 FEEF
3. S 04045'39'' E 3gO.4L FEET4. s 08"01!51n w 130.2s FEEi To rHE sourHwEsr coRNER oF sArD
PROPERTY; THENCE N 57O25'O6N E ALONG THE SOUTHERLY LINE OF SAID
PROPERTY 211.00 FEET TO A POTNT ON THE EASTERIJY LTNE OF I-JOT 9 OF SAID
SECTION 12; THENCE S OOO22 I11'' E ALONG SAID EASTERIJY LTNE 606.90 FEET
TO THE SOUTHEAST CORNER OF SArD LOT 9, A REBAR At{D AI,UMTNUI{ CAp, LS
#22580, IN PI,ACE; THENCE S 03O11,58'' W ALONG THE EASTERIJY I,,INE oF IJoTL2 OF SAID SECTION L2 A DISTAIVCE OF 74L.O5 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 12, A REBAR AIID ALUI,IINIM CAP fN PLACE,- THENCE
S OO"O6'O2N 5 AT'QNG THE EASTERIJY LTNE OF IJOT 16 OF SAID SECTION 12 ADrsrANcE oF 555.52 FEET TO THE SOUTHEAST CORNER OF SArD LOT 16, A
REBAR AIID AIIJMINUM CAP TN PI,ACE, SAID POINT A],SO BEING THE NORTHEAST
CORNER OF TELLER SPRINGS SUBDIVISION; TI{ENCE S 89oS9'08'' w ALONG THE
NORTHERLY LINE OF SAID TELLER SPRINGS SI'BDIVISTON 220.51 PEET TO THE
SOUTHEAST CORNER OF PARCEL C OF RECEPTION NO. 4443LI OF THE GARFIEIJD
COIINTY CLERK AI{D RECORDERTS OFFICE; THENCE LEAVING SArD NORTHERLY LINE
N L2"57148N W ALONG THE EASTERLY LINE OE SAID RECEPTION NO. 444311
L69.L4 FEET; THENCE 5 97056 I25II W ALONG THE NoRTHERLY LTNE oF SAID
PARCEL C 324.74 FEET; THENCE AIONG THE WESTERLY LINE OF SAID PARCEIJ C
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 582.23 FEET
AIID A CENTRAL ANGLE oF 17052'51", A DrsrAIvcE oF LgL.z2 FEET (cHoRD
BEARS S L3"29'O5!' E 180.98 FEET) TO A POIMT ON THE NORTHERIJY I.TNE OF
SAID TELLER SPRINGS SUBDMSION; THENCE S 89"52,26,' W AIJONG SAID
NORTHERIJY IJINE 174.01 FEET TO THE NORTIfi{EST CORNER OF THE TEIJIJER
SPRINGS OPEN SPACE; THENCE LEAVTNG SAID NORTHERLY LINE S 21055'10'' W
ALONG THE WESTERLY LINE OF SAID OPEN SPACE 53.97 FEET TO THE NORTIIEAST
CORNER OF LOT 5 OF SAID TELLER SPRINGS SUBDMSION AS SHOWN ON THE
AMENDED PI.,AT THEREOF; THENCE S 89059'08'' W AI,ONG THE NORTHERIJY LINE OFSAID IJOT 5 165.35 FEE?; THENCE CONTINUING ALONG SAfD NORTHERLY LINE
N 45.001142'' W 28.27 FEET; THENCE CONTTNUING ATONG SAID NORTHERLY LINE
S 89059'08'I W 855.53 FEET TO THE POINT OF BEGINNING,. SAID PARCEL
CoNTAINING 89.288 ACRES, MORE OR LESS
TOGETHER WITH A PARCEI' OF LAND SITUATED IN LOTS 3 AI{D 4, SECTfON 12
A]iID LOTS 28 AIVD 29, SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THESIXTH PRINCIPAL MERIDIAII, COUNTY OF GARFIELD, STATE OF COLORADO; SAID
PARCEL BEING MORE PARTICTJLARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTTON 12, A BIJM BRASS CAP
FOUND IN PI,ACE; THENCE N 86059'45I' E 2478.86 FEET, TI{E POINT OF
BEGINNING; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
a
LEGAL
PAGE 2
D
illlill lllll illll lll llllll llll llllll lll lllllll I Lll
569194 O9/71/2OOO O5tlOP BI2OA P?19 I'l RLSDORF
5E of ?2 R 350.oO D g.OO GRRFIELD COUNTY C0
PHASE trH:t
RADIUS OF 170.00 FEET AI$D A CENTRAL AI{GLE oF G5os3,11,', A DISTAIiICE OF]-95.49 FEET (CHORD BEARS N 29055I34', E 184.89 FEET); THENCE
N 62052'09II E 50.72 FEET; THENCE ALONG THE ARC OF A CI'RVE rO THE
HAVING A RADIUS OF 23O.OO FEET AI{D A CENTRAL AI{GI,E OF 32051 '34'"DISTANCE OF 131.91 FEET (CHORD BEARS N 46026122'I E 130.11 rEET);
THENCE ALONG THE ARC OF A CUR\E TO THE RIGHT HAVING A ILADIUS OF
FEET AND A CEN?RAIJ ANGLE OF 91043 I08I" A DISTAIVCE OF 55.03 FEET
BEARS N 75o52'o9u E 50.23 PEET); THENCE ALoNG THE ARc oF A cuR\rETHE RIGHT I{AVTNG A RADIUS OF 1O5. OO FEET AI{D A CENTRAI, AIiIGLE OF
35043 t54't, A DTSTAI.ICE oF 6s.48 FEET (cHoRD BEARS s +oiz+t2on E 64.43
FEET); THENCE s 22o32'23't E 367.7a FEET; THENCE Ar,oNc rIrE ARc oF ACUR\IE TO TIIE LEFT HAVING A RADIUS OF 145. OO FBET AIiID A CENTRAL A}iIGLE
oF 39o2A',24", A DTSTAI{CE OF 99.90 FEET (CHORD BEARS S 42oL6'35'' E g7.g3
FEET) ,. TI{ENCE ALONG THE ARC OF A CURVE TO THE RIGHT i{AVTNG A RADIUS OF'1o5.oo FEET AIID A CENTRAL AI{GLE oF 59o42t05,r, A DrsTArvcE oF 109.41
FEET (CHORD BEARS S 32009'45,! E 104.53 FEET); THENCE S O2o1B t42n E155.70 FEET; THENCB ALONG TI{E ARC OF A CI,RVE To TI{E LEFT HAVING A
RADIUS OF 260.00 FEET AIID A CENTRAL AIVGI.,E OF 34"26118'I, A DISTAIiICE OF. L56.28 FEET (CHORD BEARS S L9o3L'5Lx E 153.93 FEET); THENCE
-.S 35O45'OO'' E 647.L5 FEET,. THENCE ALoNG rHE ARc oF A cT,R\rE To TI{E
JntGHT HAvTNG A RADrus oF 1s5. oo FEET ,AIvD A cENTRAL AIverJE oF 43o5grs5,,
A DIsTArvcE oF L18.98 FEET .(cHoRD BEARs s 14045'33!' E 116.08 FEp;T);
THENCE S 07013'55''.W 6.00 FEET; THENCE AToNG THE ARc oF A cI]RvE To THE
RIGHT HAVING A RADTUS OF 35.00 FEET AI{D A CENTRAL AIvGIJE oF goOoo'OOII,
A DISTAME OF 54.98 FEET (CHORD BEARS S 52013155" W A DfSTAME OF49.50 FEET); THENCE N 82046'05'' W 14.61 FEET; THENCE AIJONG TI{E ARC OFA CITRVE TI{E LEFT HAVfNG A RADIUS OF 205. OO FEET AND A CENTRAfJ A}IGIJE OF12"40'O7", A DISTAIVCE OF 45.33 FEET (CHORD BEARS N 89006,0g'r w 45.23
FEET); THENCE s 84o33r48rr w :.62.26 FEET,- THENCE Ar,oNG THE ARC oF ACT'R\IE TO THE LEFT I{AVING A RADTUS OF' 205. OO F'EET AI{D A CENTRAT AIVGIJE
oF 07o59rO8rr, A DfsTAIvcE oF 28.s7 FEE? (SHORD BEARS S ggo34'14" W
28.55 FEET); THENCE.S 75034'40'' W 45.82 FEET; THENCE ALONG THE ARC OFA CI'RVE TO THE RIGHT HAVING A RADIUS OF 35. OO FEET AIVD A CENTRAL AI{GLE
oF 55034'57", A DTSTAIiICE OF 33.95 FEET (CHORD BEARS N 75o37'5L" W32.64 FEET); THENCE AIoNc TI{E ARc oF A cURvE To rHE RIGHT r{AvING A
RADTUS oF 80.00 FEET AND A CENTRATJ AIIGIJE oF o7o2o,O4',, A DrsTAIvcE oF8.84 FEET (CHORD BEARS N 51oOO'24' W 8.84 FEET); THENCE N 41obo'OOn E94.7L FEET; THENCE N 47000'00" w 488.04 FBET; THENCE N soo4zrs4!, w40.59 FEET; THENCE N 25000'00'r w 3B4.oo FEET; THENCE N 25os2'ls' w41.58 FEET; THENCE N 05o3L107n w 2L1-.?3 FEET; THENCE N 22%2t23n w
2L4.58 FEET; THENCE N 74OOO'OO'' W 80.63 FEET, TO THE POINT OFEpcruivruc; sArD pARcErJ coNTATNTNG 13.18s ACR.ES, pi6TE-oR LESS.
LEFT
A
35.00
(CHORD
TO
O
ilililt tilil ililt lil] tilill ilt [m il ililill il ffi569194 09/17/2OoO 05t1OP E[?OA P72O n RLSDORF
59 of 72 R 3OO.OO D 0.00 GRRFIELD COUNTY C0
PHASE 1 LEGAL
PAGE 4
TOGETHER WITH A PARCEL OF LAND SITUATBD fN LOTS 5, 11, 12, 13, 15, L6,23, 24, AI{D 28 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THESIXTH PRINCIPAL MERIDIAIiI, COUNTY OF' GARFTEI,D, STATE OF COIJORADO; SAID
PARCEL BEING MORE PARTICUT,ARLY DESCRIBBD AS FOLLOWS:
COMMENCING AT THE SOUT}II^IEST CORNER OF SAID SECITON 1, A BI,M BRAss cAP
IN PLACE; THENCE N 82O31'27N W 2263.73 FEET, TO A POIMr ON THE
WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 109, THE POTNT OF BEGINNING;
THENCE THE FOLLOWING SIXTEEN (16) COURSES AIONG SAID EASTERI.,Y i:egr-
OF-WAY:1. ALONG THE ARC OF A CUR\IE TO :rHE RIGHT HAVING A RADIUS OF
187O.OO FEET A}ID A CENTRAL AIVGLE OF 05038 I5'III, A DrSTA}{ICE OF
81.70 FEET (CHORD BEARS N O5oOO'44n W 81.59 FEET)
2. N 03045'39'' W 70.62 FEET3. ALONG THE ARC OF A CURVE TO THE LEFT HAVTNG A RADTUS OF
1155.00 FEETAI{D A.CENTRAL AIiIGLE OF 08059'23N, A DISTANCE OF
L81".22 FEET (CHORD BEARS N 08015'19x W 181.03 FEET)4. N 12045'01x W 250.30 FEET5. ALONG TIIE ARC OF A CURVE TO THE LEFT HAVTNG A RADIUS OF
518.09 FEET AND A CENTRAT, ANGLE OF 35011 '37"., A DISTAIICE.OF
318-23 FEET (CHORD BEARS N 3oo2o'49" W 3r.3.26 FEET)
6. N 47056 ' 3g" W 239. gO FEET7. ALONG THE ARC OF A CURVE TO THE RfcHT HAVING A RADIUS OF
1520.OO FEET AND A CENTRAL AI{ctE OF 14oOS t:-7.u, A DISTAIiICE OF
373.74 FEET (CHORD BEARS N 40053'59'! W 372.80 FEET)
8. N 33051120l' W 495.97 FEET. 9.. ALONG THE ARC OF A CURVE TO THE I,EFT HAVING A RADIUS OF
620.00 FEET AIiID A CENTRAL AIvcLE Op 19038,05,,, A DISTAIICE OF
2L2.47 FEET (CHORD BEARS N 43040t23n W 211.43 FEET)
10. N 53029 ' 25x W 511. Og FEET11. Al'oNG THE ARc oF A CURVE To THE RIGHT HAVING A RADIUS oF
470.00 FEET AM A CENTRAL AI{IGLE OP 34o4S ,42,, , A DISTAIiTCE OF
285.15 FEET (CHORD BEARS N 36006'34r' W 280.80 FEET)
12. N 1go43'43" W ?73.g7 FEET13. ALONG TI{E ARC OF A CI'RVE TO THE RIGHT HAVING A RADIUS OF
620.00 FEET AI.ID A CENTRAL AI.IGLE OF 3OoO5'19,', A DISTANCE OF
325.59 FEET (CHORD BEARS N 03041'04'r W 321.85 FEET)
14. 11 11021r35'r E t7]-.27 FEET15. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OP
38O.OO FEET AI..ID A CENTRAL AI.IGLE OF O2OOO'48N, A DISTAIiICE OF
13.35 FEET (CHORD BEARS N 10o21'13x E 13.35 FEET)
ll|llllllullyllil\Jf f [Ir,|lr.r,Iu{|llrtiluu6O ol
PHASE 1 LEGAL
PAGE 5
16. N 19024'3orrE s2.L3 FEET; THENCE LEAVTNG sArD wEsrERLy RrcHT-
oF-wAY s 05009'02" E 1sB.L2 FEET; THENCE S 11021'3G', w L24.44 FEET,.
THENCE ALONG THE ARC OF A CURVE TO THE LEFT I{AVING A RADIUS OF IOOO.OO
FEET AIVD A CENTRAL AI\TGLE OF 20055,55,', A DIsrAIvcE oF 365.34 FEET
(cI{oRD BEARS S 02o39'27n E 353.31 FEET); THENCE S 18043'43" E 446.82
FEET; THENCE N 71016'].?'I E 6?.02 FEET; TI{ENCE AToNG TI{E ARc oF A cURvETO THE LEFT ITAVING A RADIUS OF 292.00 FEET AND A CENTRAIJ AI\TGLE OF
37o24'0'1u, A DISTAI{CE OF Lgo.6L FEET (CHORD BEARS N S2o34,13,' E La7.2S
FEET); THENCE 1r1 33O52 I1oII E 231.99 FEET; THENCE ALoNG TIIE ARc oF A
CUR\IE TO.TIIE RIGHT HAVTNG A RADIUS OF 295. OO FEET AiVD A CENTRAIJ AIVGLE
OF L4o20t09", A DISTAI{CE OF 73.81 FEET (cHoRD BEARS N 41002'14'' E
73.60 FEET); THENCE S 1700oiOO, E 57.28 FEET; THENCE S 60027' 29n E
705.20 FEET; THENCE s 41000'00" E 297.L9 FEET; THENCE S s9o1o'31n E
528.72 FEET; THENCE s 55003,14" E 289.30 FEET; THENCE s ::2o42t2gn w
L93.82 FEET; THENCE s 6go26t3g.t w :-62.39 FEET; THENCE s 12006'13', E
354.63 FEET; THENCE s o3o3tt27't E 80.00 FEET; TIIENCE ALoNG TI{E ARc oFA CURVE TO THE LEFT HAVTNG A RADTUS OF 51O. OO FEET AND A CENTRAIJ AI{GIJE
oF 34o2L'58u, A DISTAI.ICE oF 3os.9o FEET (cHoRD BEARS s Ggo46'29" w
301.33 FEET); THENCE S 39038'44,' E 684.26; THENCE S 31003'39'r E .L:-2.70
aIFEET; TI{ENCE s 06o4s,49', w :.44.32 FEET; THENCE s 12o4s'01,! E 2og.2g
IPFEET. THENCE S 6OOOO'OOI' E LLO.74 FEET,. THENcE ALoNG THE ARe oF A
CURVE TO THE RTGHT I{A\IING A RADIUS OF ].70. OO FEET AIID A CENTRAT.,. AIVGIJE
oF 38053'55n, A DrsrAIvcE oF 11s.41 FEET (cHoRD BEARS s 43o2s'11r' w
113.21 r.EET); THENCE S 620521Ogn W 50.72 FEET; THENCE S goo35'25" W299.88 EEET, TO THE POINT OF BEGTNNING; SAID PARCEL CONTAINfNG 48.206
ACRES, MORE OR LESS.
TOGETHER WrrH A PARCEL OF r,AND STTUATED rN LOTS 2, 3 , Al[D 9 OF SECTTON12, AIVD IJoTs 10, 11, !2, L7, 22, 29, AI{D 30 oF sEcTIoN 1, TOWNSHIP 7SOUTH, RANGE 89 WES? OF TI{E SIXTH PRINCIPAL MERTDIAIiI, COI'NTY OF
GARFIEIJD, STATE OF COI.,ORADO; SAID PARCEIJ BETNG MORE PARTICT,IJARIJY
DESCRIBED AS FOI.IIIOWS :
CoMMENCTNG AT THE SOUTHWEST CORNER OF SArD SECTTON 1, A BIJM BRASS CAp
rN Pr,AcE; THENCE s 76017'40', E 3972.43 FEET To rHE porNT oF BEGTNNTIiIG;
THENCE N 44021'10" w t02.28 FEET; THENCE N 5gooo t42, w LgL.26 FEET;
THENCE N 31018'36u w 193.84 FEET; THENCE N 35"01'04,' w 19s.06 FEET;
THENCE N 50010r09n w L74.71 FEET; THENCE N s4o11 t4gt, w 43.11 FEET;
TI{ENCE.N.24o39t20n w L63.26 FEET; THENCE s 6g%4tzo, w 77.7s FEET;
THENCE N 02o18'42rr w 50.18 FEET; THENCE AI,oNe rI{E ARC oF A cIrRvE ToTHE LEFT HAVING A RADIUS OF' 145.00 FEET AI{D A CENTRAL AIVGIJE OF
-5go42tostt,
A DrsrANcE oF 1s1.09 FEET (cHoRD BEARs N 32009'45" w 144.3sJTEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT I{AVING A RADIUs oF
ttllllllul ulltfllll tilil ilt ilil il ililtil il tilt559194 09/tt/zoo0 O5ztop Bt2O6 p72Z i ALE6onF'61 of 72 R 360.00 D O.00 GRRFIELD COUNTY CO
PITASE 1 LEGAI,
PAGE 5
105.00 FEET AIVD A CENTRAIJ ANGLE oF 18041,42,t, A DrsTAivcE oF 34.26 FEET(cHoRD BEARS N 52039'55" W 34.11 FEET); THENCE N 55005!05" E 97.52
FEET,'THENCE N 12000'28" w 243.11 FEET; THENCE N L1o30.42'' w 105.63
FEET; THENCE N 07o],2'34n w 7s.18 FEET; THENCE N ogoo2'o4n w 130.43
FEET; THENCE N ooo42'38" w 148.55 r'hst; THENCE N g4ooo'oo" w 223.2s
FEET; THENCE N 05018'54" E 90.01 FEBT; THENCE s 84ooo'oo, B 22G.g2
FEET; THENCE N 03033'o5n E L62.ts FEET; THENCE N ooo42!3gn w L62.s6
FEET,'THENCE N 21000'oo'r E 332.51 FEET; THENCE N ooo42'3g" w 202.27
FEET; THENCE N 09000'oo" w 381.49 FEET; THENCE N ooo42r3g" w L76.32
FEET; THENCE N 86o49t23x w 193.89 FEET; THENCE AroNe rHE ARC oF ACTIRVE TO THE LEFT HAVING A RADTUS OF 580. OO FEET AI{D A CENTRAIJ ANGI'E
OF 10053'34", A DISTAI{CE oF t1-o.27 FEET (cHoRD BEARS N 21033r22,r w110.10 FEET); THENCE S 86049'23I' B 225.6L F,EET; THENCE N 25043,53,, W3o8.74 FEET; THENCE N 14033'44.t w 79.98 FEET; THENCE N 30042'43" w86.50 FEET; THENCE N 34003'44" W t97.29 FEET,- THENCE N 34o1g'54', W
3-49.23- FEET; THENCE N 49000'oox w 2oo.sG FEET; THENCE N 59oso'oo'' w206.65 PEET; THENCE N 69000'oo'r w 2o9.s8 FEET; THENCE N Gsooo'oo" w362.59 FEET; TIIENCE N 67051'09i'w 329.36 FEET,. THENSE N ?2ooo'oo,, wL28.25 FEET, TO A POINT ON THE EASTERLY LTNE OF TI{AT PROPERTY
]uscRrBED rN BooK s9o AT pAcE 955; THENCE N 32011'32" E AroNG sArD
-EASTERLY
LINE ].23.94 FEET
"O A POfNT ON THE CENTERLINE OF TI{E ROARINGFORK RIVER; THENCE THE FOLLOWING FIVE (5) COITRSES AIONG THE CENTERIJINEOF SAID RI\IER:
1. S 64020 ' 33" E 539.13 FEET
2. S 69024t54x E 523.30 FEET3. S 61041'54'' E L47.5L FEET4. S 340Lg'54' E 646.gO FEET
5. s 29"54'54" E s:-6.g7 FEET To A porNT oN TuE EASTERLY r,rNEOF LOT L7 OF SAID SECTION 1; THENCE LEAVING SArD CEIflrERrJINEs 00o42'38" E ALONG THE EASTERLY LrNE oF Lo"s L7, 22 A}tD 29, ADISTANCE OF' 2I4O.7O FEET,. THENCE LEAVING SAID EASTERLY I,INEN 89o15'45x E 43.14 FEET To rHE NoRTI{wEsr coRNER oF THAT pRopERTy
DESbRTBED rN BooK 511 AT pAGE 103 oF THE cARFTELD couNry cr,ERK AtlDRECORDER'S OFFICE; THENCE TI{E FOLLOWING THREB (3) COURSES AIONG THEWESTERLY LINE OF' SAID PROPERTY:
1. S 41007,10'' E 559.76 FEET
2. S 47055'39,' E 51g.gO FEET
3. s 47015'43!' E 276.72 FEET; THENCE LEAvrNc sArD wEsrERrJy r,rNES 62010'49r' W 340.58 FEET, TO THE POINT OF BEGINNING; SAID PARCEIJCoNTAINING 18.503 ACRES, MORE OR LESS.
C"?S"l5l3 f '9, o. lTl'ln ?"ifl|*,i iffi*li? i$,"8ffi 3*,Hi*i i n
o5,'3SEi?5.,'
ilIilil llill ililt llll llllll llll llllllllL mulllll
b6si5a 06zttlzooo 05:loP Bl2oo P123 it RLSDoRF
62 ol ?2 R 360.00 O O.00 GRRFIELD C0UNTY C0
L2, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL
COUNTY OF GARFTELD, STATE OF COL,ORADO; SAID PARCEL OF LANDPARTICUIJARLY AS DESCRIBED AS EOI,LOWS:
CoMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION L, A BLM BRASS CApIN PI,ACE, THE POINT OF BEGINNING,. THENCE S 88O08!24N E AIONG rIIE
NORTHERLY LINE oF THE Nwl/4Nw1/4 At{D LoT s oF sArD sEcTIoN 12 1925;15
FEET; THENCE LEAVING SAID NORTHERLY LINE s 01019'06" w 1oO.OO FEET;
THENCE s 88008'24" E 15o.oo FEET; THENCE N 69o93r3g, E 2oo.1o FEET;
THENCE N 88o08t24n w Loo.15 FEET To A porNT oN THE wEsrERIJy rJrNE oFLor 28 oF sArD sECTroN 1; THENCE 1,1 91o15t57,r w AroNG THE wEs?ERrJy rJrNEOF LOTS 28 AIVD 23 OF SAID SECTION 1 1051.50 FEET TO A POrNT ON THEWESTERLY RIGHT-OF-WAY OF COUNTY ROAD 109,. THENCE LEAVING THE WESTERLYLINE OF SAID LOT 23 THE FOLLOWING SEVEN (7) COURSES ALONG THE WESTERIJYRIGHT-OF.WAY OF SATD COi'NTY ROAD 109:1. AIONG THE ARC OF A C'IJRVE TO THE RTGHT HAVTNG
oF 36007'56r,
'59tr E 294.L2
RIGHT HAVING
oF 0go5g t 23n
PHASE 1 LEGAI,
PAGE 7
MERIDTAIiI,
BEING MORB
A RADTUS OF
A DISTAIVCE OF
FEET)
A RADTUS OF
, A DTSTAIVCE OF
FEET)
)
3.
458.09 FEET AI{D A CENTRAIJ AIVGLE
288.88.F88T (CHORD BEARS S 30048s 12045 r 01" E 247.L5 FEET
ALONG THE ARC OF A CI]RVE TO THE
1095. OO FEET AIVD A CEMTRAL A}IGLE
171.80 FEET (CHORD BEARS S 08"15'19" E L7L.634. S 03045'38n E 70.62 FEET5. AIONG T}IE ARC OF A CURVE TO THE LEFT IIA\/ING A RJADIUS-OF
1930.OO FEET A}TD A CENTRAL ATIGLE OF 05O38'.57N, A DISTATiICE OFL9O.29 FEE? (CI{ORD BEARS S 06035'O6n E LgO.2t FEET)6. S ggo24r35rr E L73g.96 FEET
7. S 09032'11" E 545.09 FEET (TO A pOfNT WHENCE AI{I ONE INCH
IRON PIPE BEARS S 8OO39I46X W 15.01 FEET); THENCE LEAVTNG SAID
WESTERIJY RIGHT-OF-WAY s 8oo3gt46'1 w A.LoNc THE NoRTHERTJY L,rNE EXTENDEDAIID THE NORTHERLY LINE OF RECEPTION NO. 402764 155.56 FEET TO AII ONBINCH IRON PIPE IN PLACE,. THENCE CONTINUING ALONG SAID NORTHERIJY IJTNEs 46"49t4'6t' w 319.59 FEET To rHE NoRTlIIf,Esr coRNER oF sArD REcEpTroN' NO. 402764, A REBAR AI{D CAP IN PITACE; THENCE S 08"30!L4,' E AL,ONG THEWESTERLY LINE OF SAID RECEPTION NO. 402764 AND RECEPTION NO. 418590,302.72 FEET TO TI{E SOUTI{WEST CORNER OF SAID RECEPTION NO. 418590;
THENCE s 8oo45r44rr. w ALONG THE NoRTI{ERrry LINE oF REcEprroN No. 3g7].a2,L77 .17 FEET TO THE NORTI{VIEST CORNER OF SArD RECEPTTON NO . 397L82 i
THENCE s 17o25r15rr w ALoNc rHE wEsrERLy LrNE oF RECEprroN No. 3g7tg2A}ID RECEPTION NO. 4]-1.767, 74L.9L FEET TO THE NORTI{WEST CORNER OF LOT2L OF SAID SECTION 12, ALSO BEING TI{E NORTHIilEST CORNER OF .TEIJLER
SPRINGS SIBDIVISIoN; TI{ENCE s 00:oo'34n w AroNG TFIE wEsTERLy LINE oFSAID TELLER SPRINGS SIJBDIVISION AIVD THE EASTERIJY LTNE OF I.,OT L4 OFSAID SECTION 12 768.25 FEET TO THE SOUTHEAST CORNER OF SArD LOT 14;.--THENCE iJEAVING THE WESTERLY LINE OF TELLER SPRINGS SUBDMSION
G Bgooorsg" w AJ,oNc rHE sourHERLy LrNE oF sArD Lor r.4 46a.gg FEET To
illlilr iltil ililt lillr l!!il llll ilil il ilil ilIt lllt
569194 O9/ll/2OOO O5tlOP BL?OA ?724 n RLSDORF
63 of 72 R 360.00 D O.OO GARFIELD COUNTY C0
TOGETI{ER WTTH A PARCEIJ OF
TOWNSHIP 7 SOtIrH, RANGE 89
COUNTY OF GARFIELD, S?ATE
PARTICUI*ARLY DESCR]BED AS
OF BEGINNTNG; SATD PARCEL coNTATNING-l:3oo AcREs, MoRE
PHASE 1
THE POIMT
LESS.
6
WEST,
OF
AS
LEGAIJ
PAGE 8
THE SOUTI{I{EST CORNER OF SAID LOT L4; THENCE N OOI22'L3I' E ALONG THEWESTERLY LINE OF SAID LOT 14 ].378.08 PBgr TO THE NORT}II{EST CORNER OFsArD Lor L4; THENCE N 89o07's3'r w ALoNc TI{E sourHERLy LrNE oF THEswL/4Nw1/4 oF sArD sEcrroN 12 L347.gt rggr ro rI{E wEsr 9uARTER coRNERgI^:*-3,,:"S:IgI-!?, -I!_ArgMrNUrvr cAp rN pr_,AcE; rrrENCE N ooo33'14' w*oIS"T$*,*:'.:*lI :H:_gF^:o.-p.,:;gtiil'_!i_;_+ ,a ;*d -isil, "io, iri* ,oi*-icnei,=lrfuffit
T.FCCLESS.
r'AND srruATED rN Lors 5 AIVD 13 oF sEcrroN 1,WEST OF TI{E SrXTH PRINCIPAT T,{gNrOrAI.I, -'
OF COLORADO; SAID PARCEI, BEING MOREFOLLOWS:
CoMMENCTNG AT THE NORTITWEST CORNER OF SECTTON 1, A BLM BRASS CAp rNPI,ACE: THENCE
?HEN.E s "'II
ifl'h,-? lii$i gffiiE";l i5i lilffiif,,"*-HEF"-tTHENCE S LI"2
THENCE N 19"2
THE POINT OP BEGIITIITTIC; SAID PAirCrr, CONTAINING O.Z}O ACRSS, MORE ORLESS.
,To"IH^FTILTITI 3^**""1_gI_qTr.-:IplIEg rN Lors 12 AND 13 oF sEcrroNHs"p"rFillii"ixil:?ili ii,ffi# ffi.iBir,l:GARFTELD, S?ATE OF COLORADO,. SAID PANCEi-iliiI.rE-UifiilPARTICUI.ARIJY DESCRIBED AS FOLIJOWS :
s:g:T"IIg^,1: I*3,TglTIryTs1 gglN!! oF sEcrroN 1, A BLM BRAss cAp rN*"S* :rTT:*^:^:*,"3:, l1l p 7?!:go rnei-io-iiis-polNi-ijr.iEEirniiicl
#"fl:fii-i*:,THENCE S 69"0 r:?_0.08 FEET; THENCE ALONG THE ARC OF A CunG-ib
P n',D'o- ci*-rfii""irtoi bI,ooEeanaaa r h+^ai--^-
? : ;t :l'g,",i .",?l^::Y:" j1,'-:: :9"8 IEII rtgigp-iifis-'i-si: n?irif wiiilii iiHil'#H$ffi',J*t"+#';H" ["'t ta+ra m*-i:;x,il;i#t w';;;", T",ii.r=rf,*"".1Er 2etr ai ErEtEtrIr /arr^hh9I l9l;lj_:IEr^_(glolp_!IlRq_N 02"zgizt* w 363.31 FEEr)
,
TO
OF
ToGETHER wrrll A TRACT oF r,AND srruATED rN srcrroN 35, TowNsIIrpsourH, RANGE 89 wEsr AI{D sEcrroN 2, tolvlrsurp 7 souri, RANGE 89ALL rN THE srxrH pRrNcrpAL MERTDTAI\i, corryrv oF GARFrir,o, srATECOLORADO; SAID TRACT OF LAND BETNG MORE PARTICUI,ARLY DESCRIBEDFOLLOWS:
S?HID[:yS"H IIr,*rygI_,go*"Is^Tg-gE.qIIgIs 1 ArvD 2, rowNsrrrp 7 soulur,ffi:",83^*::I-9L.IHP-s jIIH- pRrNcrpar,-r'rsRi;rAr'r,'iiip'coii.iili' iir6 ffiiEcoMMoN ro sEcrroNs 3s ArvD 3G, rowussrp a-soinlr,-'ffici";;Trffi'5""iiil
MERIDIAI{; THENCE N 75o04'29u W 4185.64 FEET TO THEG:x;H.#+.Eix*1.oF Lor 21, WESTBAIVK RANCH stBDrvrsroN, rrr,tuc r, ?HE
tlllil ililt l]lil ]il lllil ilt illlt il illt llt tilt
569194 09/ 1l/ 2OOO Oi : IOP
64 of 72 R 360.00 O O.OO
POTNT OF BEGTNNING;
ALONG THE NORTHERLY
FII-,TNG ].:
1. S 09000 | 22n w
2. S 59053 t 22n w
3 . S 06059 ,39,r E
4. S SSoZg r3gn E
S. S ZSo13 ,3g r E
6. N ggo5gt22t E
7. N 92055t22'tr Eg. s 20035!1gr E
9. N G9o24t47.t E
10. N 07o1g ,26n W
11. N 71015 ,22t E
L2 . N 41000 ,22.t E
13. S 55059'39" E
L4. S 19059'3gn E
15. S 50(,00 | 22x w
15. S 48015'51" W 235.20 FEET TO A NO.L7. S 50030 t22r w 2:-o.22 FEET TO A NO.18. S 69024t42n W 18o.OO FEET TO A NO.L9. N 20o35'18x w 260,00 FEET To A REBAR At{D cAp, L.s. No. igsge20. s 69024142.. W 230.2? FEET TO A NO. 5 REBAR2I. S 20035'18'' E 266.00 FEET TO A REBAR AI{D CAP (II,LEGIBLE)22. S 66009'07',. W 96.57 FEET TO A REBAR AIVD CAp, L.S. NO. 1g5g823. S 01023 I54'I W 109.50 FEET TO A REBAR AND CAP, L.S. NO. 7L6824. S 28OO5I38N E 25O.OO FEET TO A REBAR Ar{D CAP (ILI,EGIBLE)25- s 57o07t27't E ]4g.gg FEET To A REBAR AI{D cAp (rLr,EGrBLE), rHE.COMMON CORNER OF WESTtsAI{K RANCH SIJBDIVISION FTLING 1 AND WESTBAIVKRANCFI SUBDTVISION FTLTNG 2, SAID CORNER ALSO BEING THE NORTHWESTCORNER OF LOT 23 OF SAID FILING 2; THENCE THE FOLLOwING SEVENTEEN (1?)colrRsEs AroNe THE NORTHERTJY BOUNDARY oF sArD wEsrBAIvK RANCHSUBDIVISION FTLING 2:
1. S 59005'38'1 8 633.53 PEET ?O A NO. 5 REBAR2. N 78O3LI22II E 318.16 FEET TO A NO. 5 REBAR3. S 62019'08'' E 376.50 FEET TO A REBAR AND CAP (ILI,EGIBI,E)4. S 84058'08'' E Lg2.7O FEET TO A REBAR AIVD CAP (ILI,EGIBLB)5. A],ONG TIIE ARC OF A CI,RVE TO THE LEFT HAVING A RADIUS oF 585. ooFEET, A CENTRAL AI.IGLE OF 03055'13'' AI{D.A'DISTAI{CE OF 40.03 FEEr(CHORD BEARS N O3OO4 I17'' E 40.02 FEET) TO A NO. 5 REBARN 94058'08'' W 183.32 FEET TO A NO. 5 REBAR
N 52019'08'| W 133.53 FEET TO A NO. 5 REBAR
8t206 ?723 n RLSDoRF
GRRFIELD COUNTY CO
PTIASE 1 LEGAL
PAGE 9
THENCE THE FOLLOWING TWENTY FIVE (25) COURSESAr[D EASTERLY BOUNDARY oF sArD wEsrBAtIK RANCH,
226.00 FEET TO A REBAR AIVD CAP, L.S. NO. 1959882.00 FEET TO A REBAR AIVD CAp, L.S. NO. 1959879.00 FEET TO A REBAR AM CAp, L.S. NO. 19598
95.00 FEET TO A REBAR A}ID CAP (ILLEGIBLE)
2].5.00 FEET TO A NO. 5 REBAR
451.00 FEET TO A REBAR ATID CAP (ILLEGIBI,E)
24O.OO FEET TO A REBAR AND CAP (ILIJEGIBLE)
185.00 FEET TO A REBAR AI{D CAP (II,LEGIBLE)
21O.OO FEET TO A REBAR AIVD CAP, L.S. NO. 19598
25]-.'13 FEET TO A NO. 5 REBAR
272.00 FEET TO A REBAR AI{D CAP (II,LEGIBI,E)
372.54 FEET TO A NO. 5 REBAR
435.00 FEET TO A NO. 5 REBAR
21O.OO FEET ?O A NO. 5 REBAR
398.80 F'EET TO A NO. 5 REBAR
5
5
5
REBAR
REBAR
REBAR
o"
LHll ull| lillltilullru ffi rr] il ililt ilil []s6s1s4 os/tt/zaoo osttop Btz66 F?r6'r,t nl'a6b[i'65 of 72 R 360.00 O 0.00 GRRFIELD COUNTY CO
8.
9.
10.
11.
12.
13.
14.
r-5.
15.
N 10046t22u E 55.11 FEET TO
N 30036!39'' w 476.00 FEET TO
N 3go0g122n E 306.49 FEET TO
N 77024.22n E 264.99 FEET TOs 33046'38'E 544.01 FEEr
s tgo2g '39'' E 2t7.OO FEET
S 06O49 !38'' E 278.79 FEET TO A REBAR
N 84058'O8n W 259.29 FEET TO A NO. 5ALONG THE ARC OF A CURVE TO THE RTGHT
FEET, A CENTRAI,, AIIGLE oF 03o33'2on AIiID
(cHoRD BEARS S 03015'14" W 40.O2 PEET)(ILLEGIBLE)
]-7. s 84o58'ogrr E 334.4s FEET To A No. 5 REBAR, THE coMMoN coRNEROF WESTBAIVK RANCI{ SUBDIVISION FTLING 2 AIIID wEsTBAIvK RANcH sUBDIvIsToNFTLING 3, SATD CORNER ALSO BEING THE NORTHWEST CORNER OF LOT 14 OFSArD FfLTNG 3; TFIENCE THE FOLLOWING SIXTEEN (16) COITRSES AIJONG THEWESTERLY BOUNDARY OF SAID WESTBAISK RANCH SUBDTVTSION FILING 3:1. N 81o07'37n E 357.91 FEET To A REBAR At[D cAp, L.s. No. 91g42. N 89054 I22II E 2OO.OO FEET TO A REBAR AIVD CAP, I-I:S. NO. 195983. S '78\2'08l' E 2A6.49 FEET TO A NO. 5 REBAR4. S 74O29I38II B 173.39 FEET TO A REBAR AIVD CAP (ILLEGIBLE)5. ALONG TI{E ARC OF A CIJRVE TO THE LEFT I{AVING A RADIUS OF'3OO.OOPEET, A CEIVTRAIJ AIvcLE oF 09055'03'' AND A DrsrArlcE oF s2.oi FEET(cHoRD BEARS N 00036'54r''E s1.95 FEET) To A REBAR AriID ArtMrNtMcAP, L.S. NO. lL2O4
6- N 74029'38" w 319.84 FEET To A REBAR AIvD ALInITNUM cAp, L.s. No.t].z04
7. N 33034r39', w 232.OOg. N 2202?.39', W 3g2. OO
g . N 20022 ' 3g !' w 32g .1g
10. N 35"29'39'' w 11g.OO
11. N 52029'39l' w .175.00L2, N52029r3gxw 215.00
13. N L6019'38x w 321.00
t4. N 33056'22" E 229.go
15. S 69027 ' 3g !' E 475 . OO
15. S 50045'39" E .3g5.OO
SAID POINT ALSO BEING THE
PHASE 1 LEGAL
PAGE 10
1 INCH STEEIJ PIPE
REBAR Ar{D CAP, L.S. NO. 9184
NO. 5 REBAR
REBAR AI\TD CAP (TLLEGIBLE)
AITD CAP, L.S. NO. 19598
REBAR
IAVING A RADIUS OF 645. OO
A DTSTAIVCE OF 40.03 FEET
TO A REBAR AIVD CAP
FEET TO A REBAR AIVD CAP (ILI,EGTBI,E)
FEET TO A REBAR AI\TD cAP, L.S. No. 9184
FEET TO A NO. 5 REBAR
FEET TO A REBAR AM CAp, L.S. NO. 9184
FEBT TO A REBAR AIVD CAP, L.S. NO. 9184
FEET TO A REBAR AIVD CAP, L.S. NO. 9184
FEET TO A REBAR AIID CAP (II,LEGIBI,E)
FEET ?O A REBAR AI{D CAP, L.S. NO. 9184
FEET TO A REBAR AI.ID CAP, L.S. NO. 9184
FEET TO A REBAR AI{D CAp, L.S. NO. 9184,NORTI{EAST CORNER OF LOT 23 OF SAID WESTBAIVK
A
A
A
A
RANCH SUBDIVISTON FTLING 3; THENCE LEAVING SAID BOUIilDARY.N 42"04,22n E160-00 FEET rO A POrN? rN THE CENTER OF THE ROARTNG FORK Rr\rER; THENCETHE TwELvE (L2) FoLLowrNG couRsEs AroNc sArD GENTERL,TNE:. N 5194t7r36n w t24.LO FEET
tttllxllltl llllllllfllllf ttil tllllil[ ilil il] lllts6s1s4 os / tt / zooo os lti? Biioa' iiiT -m
h-r_'S-obh?-,66 or 72 R 360.00 o o.oo aniFielo counii-co"'
2.
3.
A
5.
N 45056r3B'r W
N 64032'3gn W
N 84051'3g'' W
N Z9o3Gi3g'' W
6. N 72034139'' W
7. S g7o46t22t W
8. S 85012 '22" W
g. s 65o57t22" W
10. s 480421 22n W
11. S 69044t22'I W
t2. N 8OoO2 ' 3du W
OP I,AND CONTAINING
PHASE 1 LEGAI,
PAGE 11
239.80 FEET
507.80 FEET
169.60 FEBT
2O3. OO FEET
879.00 FEET
342.00 FEET
231.00 FEET
517.00 FEET
332.00 FEET
363.00 FEET
181.97 FEET TO THE POINT OF BEGINNING; SAID TRACT93.850 ACRES, MORE OR ITESS.
TOGETHER WTTII A 3O.OO' WTDE ACCESS AND IITILITY EASEMEN" EXTENDING FROM
MEADOW LANE TO COUNTY ROAD NO. 109 AND BEING TI{E SOUTHERI,Y 3O.OO FBETOF LOT 15, WESTBA}TK SUBDIVISION, FTLING NO. 3, AS SHOWN ON TITE PI,AT
THEREOF RECORDED IN THE GARFIELD COUNTY CLERK AivD RECoRDER,S oFFTcE.
TOGET}IER WTTH A LTMITED ACCESS EASEMENT TI{ROUG}I WEST BA}IK OPEN SPACEBEING A 25.00 FOOT WIDE STRIP OF IJAIID SITUATED fN IJOT 24, SECTfON 1,
TOWNSHIP 7 SOUTH, RANGE 89 WEST OF T}IE SIXTH PRTNCIPAL MERIDTAIiI,
COUNTY OF GARFfELD, STATE OF COLORADO; SAID STRIP OF IJAND LYING 12.50
FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CEIiflTERLINE:
COMMENCING AT TITE SOUTHWEST CORNER OF SAID SBCTION ]., A BIJM BRJASS CEP
IN PLACE; THENCE N 61013'24r' E 2223.28 FEET TO A POINT ON THE PAGE
EASTERLY LINE oF SAID LoT 24, SAID PorNT ALSo BErNc oN SArD
CENTERI,INE, THE POINT OF BEGTNNING; THENCE LEAVTNG SAID EASTERIJY IJI}UE
N 48052'57" w ALoNG sArD CENTERLTNE 236.91 FEET; THENCE cotirrrNuiNc
ALONG SAID CENTERLTNE ALONG TIIE ARC OF A CURVE TO THE RIGIIT IIAVING A
RADfUS OF 1404 .75 FEET AIVD A CENTRAIJ AI.IGIJE OF l-0o55 | 42t , A DISTAIICE OF
267.94 FEET (CHORD BEARS N 43025'05'' W 267.53 FEET); T}IENCE CONTINUING
AIONG SAID CENTERLINE N 59015'39!! E 20.95 FEET To A PoINT oN THE
SOUTI{WESTERLY RIGHT-OF-WAY OF COUNTY ROAD NO.' 109; THENCE LEAVTNG SAID
RIGHT-OF-WAY AIVD CONTINUING ALONG SAID CENTERLINE S 69"L6I39I' W 30.81FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CT RVETO THE RIGHT HAVING A RADIUS OF 25. OO FEET AI{D A CENTRAL AIVGI,E OF
42043 '58u, A DrsrAI{cE oF 18.G5 FEET(cHoRD BEARS N 89021 t22.t w Lg.22
FEET); T}IENCE CONTINUING ALONG SAID CENTERIJINE N 67O59]23n w 56.79
---FEET; fl{ENCE CONTINUING ALONG SAID CENTERLINE ALONG TI{E ARC OF A CtRvE(lFo' THE LEFT HAvrNc A RADrus oF 2s. oo FEET AND A cENTRATJ Alrcr,E oF
I rililr
lflL|!rull1llf Uf tllll|lrut tiltilffi[ls69194
67 0f 72 R 360.00 D o.oo cnRiielo-iolinii co
PIIASE i^::tt
64o44t47n, A DfSTAME OF 2g.25 FEEr (CHORD BEARS S 79038,13,, W 26.77FEET); THENCE COIflIINUING AIONG SAID CENTERLINE S 4zoL5'50" W 58.23FEET; THENCE CONTINUING AIONG SATD CENTERLTNE ATONG THE ARC OF A CURVETO THE LEFT I{AVING A RADIUS OF 125O.OO-T'BEI AI{D A CENTRAL AI{GLE OF05028'45", A DISTANCE OF 119.54 FEE? (CHORD BEARS S 44o3lt27n I,V 119.49FEET),' THENCE coNTrNUrNc AroNc sArb CENTERLTNE s 41047,05" w 96.44FEET; THENCE CONTTNUING AIONG SAID CENTERLINE ALONG THE ARC OF A CUR\ETO TI{E RTGI{T I{AVING A RADIUS OF 1OO.OO FEET AI\ID A CENTRAT,, AIVGLE OF18048t32n,. A DISTAIICE OF 32.A3 FEET(CHORD BEARS S 51011,21,, W 32.68FEET); THENCE CONTTNUING ALONG SAID CENTERLfNE S G0o35,37!, W 46.99FEET; THENCE CONTTNUING AroNe sArD cENTERLrlvn ar,oltc iun ARc oF A cURvETO TI{E RIGHT HAVING A RADIUS OF 1OO.OO FEET AND A CENTRAL AIVGLE OP15049'45", A DISTAIICE oF 29.37 FEET(CHORD BEARS S G9.OO,29!, W 29.27FEET); THENCE CONTINUING ALONG SAID CENTERLTNE S 77o2;t22n w 39.3OFEET; THENCE CONTTM'ING AIONG SAID CENTERLTIIB-AT,OME THE ARC OF A C-I'R\18To rHE LEFT I{AvrNG A RADrus oF 2s. oo FEET ArvD t cENrRAt, ewcl,i op33o15'59", A DfSTAI{CE oF L4.s2 FEET (cHoRD BEARg S 60047.22n w 14.31PEET),. THENCE CONTINUTNG AIONG SAID CEN"ERLINE s 44oogl23n w 33.75FEET,' THENCE CONTINUTNG AIONG SAID CENTERLTNE ALONG THE ARC OF A CURVETo rHE LEFT HAvrNe A RADrus oF so. oo FEET ArirD A-ceNrRd iiicl,i or
-r9"3s'03,',
A DrsrANcE oF zs.B2 FEET(SH9RD BEARS s z9oz1ts2, w 25.53UZFEET) ; TI{ENCE CONTINUING ALONG SAID' CENTERLTNE S L4o34t2O, W 2L.g4FEET; THENCE. CONTINUING ALONG SATD CENTERLTNE ATONG THE ARC OF-A CUR\ZETO THE LEFT IIAVTNG A RADIUS OF 50 . OO FEET AM A CENTRAL AIitcLE OF25oL8'2O", A DfSTANCE OF 22.0A FEET (CHORD BEARS S O1oS5,1Ox W ZL.9OFEET) ; THENCE CONTINUING AIONG SAID CEINTERIJfNE S 10044 ' OO,, E L27.SOFEET; TIIENCE'CONTINUING ALONG sArD CENTERLINE ALoNc inE ARCoF A cuRtrnTO THE RIGHT HAVTNG A RADTUS OF 25. OO FEET A}ID A CENTRAL AIVGLE OF71009roOt', A DISTAIYCE oF 31.0s FEET(CHORD BEARS S 24o5O,3Ox W 29.09FEET); THENCE CONTIMTfNG ALONG SAID CENTERLINE S GOo25'OO" W 83.15FEET; THENCE CONTINUING ALONG SATD CENTERLINE AI,ONG THE ARC OF A CUR\IETO THE LEFT IIAVING A RADIUS OF 25 . OO FEET AIVD A CENTRATJ AIiIGIJE OF68029158r', A DISTAI{CE OF 29.A9 FEET (CI{ORD BEARS S 26010,01,, w 2g.14FEET); THENCE CONTINUING AIONG SAfD CENTERIJTNE S OB.O4'58" E 1o.GzFEET TO A POrNT ON THE SOIITHERLY LrNE OF LOT 24 OF SAID SECTTON 1, THETERMTNUS; WTIENCE THE SOUTI{WES? CORNER OF SATD SECTION 1 BEARSs 50030'32', W 1335.39 FEET
TOGETHER
FOOT WIDE7 SOIITH,
IEffif,',313;
WTTH A
STRTP
RANGE
STATE
LIMITBD ACCESS EASEMENT TI{ROUGH TROUT BETNG A 40.OOOF I,AND SITUATED TN LOT 26 AIiID.27, SECTTON 1, TOWNSHIP89 WEST OF THE SIXTH PRINCIPA], MBRiDIAI{; COUNTY OFoF coLoRADo; sArD srRrp oF LAND LyrNG 2o.oo FEET ToFOLLOWING DESCRIBED CENTERL]NE :OF THE
lrul|ru| iluillilllltl! lll ill]ilililil]lllts6s1s4 osltt/zsoo 0s:top Bizo6 Fz2E'ir hLiEbhf'68 of 72 R 360.00 D 0.00 GRRFTELD couNii-co
PIIASE 1 LEGAI .
peee rg $,
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTTON ]., A BLM BRASS CAP
IN PI,ACE; THENCE N 5OO3O'32N E 1335.39 FEET TO A POINT ON THE
NORTI{ERLY LINE OF SAID LOT 26, SATD POTNT ALSO BEING ON SAID
CENTERI,INE, THE POI}flT OF BEGINNING; THENCE I,EAVING SAID NORTHERLY LINE
s 08o04r58rr w AIoNG sArD CENTERLTNE 38.58 FEET; THENCE CONTTNUTNG
ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 25.00 FEET AI{D A CENTRAIJ AI.IGLE OF 79039 ,45,, , A DISTAIICE OF
34.76 FEET(CHORD BEARS S 31O44 I55'I W 32.03 FEET); THENCE CONTIIIUING
ALONG SATD CENTERIJINE S 7IO34147)I W 11.95 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE ATONG THE ARC OF A CIIRVE TO THE RIGHT HAVING A
RADIUS OF 50. OO FEET AND A CENTRATJ AIVGLE OF 2!O47I02" , A DISTAI{CE OF
].9.01 FEET(CI{ORD BEARS S 82028'18'! W 18.90 FEET); THENCE COMTINUING
ALoNG sAfD CENTERLINE N 8].o44t27n w 15.83 FEET; THENCE CoNTINUING
ALONG SAID CENTERLINE ATONG THE ARC OF A CURVE TO THE I,EFT HAVING A
RADIUS OF 25.00 FEET AIID A CENTRAL ANGLE OF 95"09'44", A DISTATiICE OF
4L.52 FEET (CI{ORD BEARS S SOO4OI4OII W 36.91 FBET); THENCE COIiITINUING
ALoNc sArD CEMTERLTNE s o1oo1r23,' w 29.69 FEET; THENCE coNTrNtirNc
ALONG SAID CENTERLINE ALONG THE ARC OF A CI'RVE TO THE RIGHT HAVTNG A
RADIUS OF 5O.OO FEET AI{D A CENTRAT, ANGLE OF 3iO4O'51,', A DISTAIICE oF
^---27.65 FEET(CHORD BEARS S 15051'49" W 27.30 FEET); THENCE CONTTNUTNG
llr,owc sArD cENTERLTNE s 32042,14'' w BB.3G FEET; THENcE coNTrNurNe
-. ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS oF 50.00 FEET AIID A CENTRAIJ ATVGIJE OF 25001, 54,, , A DISTAI\fCE OF
22.72 FEET (CHORD BEARS S I9O4L'!?" W 22.52 FEET),. THENCE CONTINUTNG
ALONG SArD CENTERLTNE S 05040'20l' W 19.05 FEET; THENCE CONTTNUING
ALONG SAID CENTERLINE ALONG TIIE ARC OF A CURVE TO THE I,EFT HAVING A
RADIUS OF 25.00 FEET AT{D A CENTRAL ANGLE OF 5OO3O!09'" A
DISTA}ICE OF 26 .40 FEET (CHORD BEARS S 23O34' 4411 B 25.Lg FEET) ,. THENCE
CONTINUING A],ONG SAID CENTERI,INE S 53O49I49X E 8.59 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE AI,ONG THE ARC OF A CT'RVB TO TIIE RIGHT
IAVING A RADIUS OF 25.00 FEET AND A CENTRAL AI\TGLE OF 28055152!', A
DfSTAI{CE OF 12.63 FEET(CHORD BEARS S 39o2lt22t' E 12.50 FEET); THENCE.
CONTINUING ALONG SAID CENTERLINE S 24052156II E 10.28 F'EET; THENCE
CONTINUING ALONG SAID CENTERLINE AIJONG THE ARC OF A CT'RVE TO THE RIGHT
HAVING A RADIUS OF 25.00 FEET AND A CdTTIINAN AI\TGIJE OF 42O02'11U, A
DTSTAI{CE OF 18.34 FEET(CHORD BEARS g.93O51'51I' E I7.93 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE S 17009'15'' W 45.43 FEET; THENCE
CONTINUING AIONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT
HAV]NG A RADIUS OF 1OO.OO FEET A}ID A CENTRAIJ AIIGLE oF 10032,50',, A
DISTAI{CE OF 18.41 FEET(CHORD BEARS S 22O25I4OII W 18.38 FEBT); THENCE
^ CONTINUING ALONG SAID CENTERLINE S 27o42t!Sn W 49.78 FEET; THENCE
f;OMTINUING ALONG SAID cENTERLINE ALoNG THE ARc oF A cI,RVE To THE I,EFT
-IilWING
A RADIUS OF 5O.OO FEET A}ID A CENTRAL ANGLE OF 46OO9IO3X, A
,
Ll[|l|lu fill]lililllllll llfl ililt ill ililt ]il tilt569194 09/ ltl^s^O O5 z tap 81266 FZS0'il CLs'60[r69 of 72 R 350.oo D 0.00 GRRFTELD cour{it ao
PEASE 1 LEGAI,
PAGE 14
DTSTAI{CE OF 40.27 FEET (CHORD BEARS S 04%7'33" W 39.19 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE S 18025'59x E 9.34 FEET; THENCE
CONTIMJING AIONG SAID CENTERLINE AIONG THE ARC OF A CI'RVE TO THE RTGHT
HAVING A RADIUS OF 5O.OO FEET AI{D A CENTRAL AIIGLE OF 41051'43" A
DISTAI.ICE OF 36.53 FEET(CHORD BEARS S O2O28I53N W 35.72 FEETI i THENCE
CoNTINUTNG ALONG SAID CENTERLINE g 23024144n W 52.26 FEET; THENCE
CONTINUTNG ALONG SAID CEMTERLINE AIONG THE ARC OF A CURVE TO TIIE I,EFT
HAVTNG A RADIUS OF 5O.OO FEET A].ID A CENTRAL AIVGIJE OF 39O55'48N, A
DISTAI.ICE OF 34.85 FEET (CHORD BEARS S 03026!50'' W 34.14 FEET); THENCE
CONTIMJING AIONG SAID CEMTERLINE S 15031!04'I E 8.35 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CI'RVE TO THE RIGHT
HAVING A RADIUS OF 5O.OO FEET AIID A CEIiilTRAIJ AIVGIJE OF 48053'14''
A DISTAIVCE OF 42.66 FEET (CHORD BEARS S 07"55'33'' W 41.38 FEET); ,
THENCE CONTTNUING AIONG SArD CENTERLTNE S 32o22'L!1 W 27..64 FEET;
THENCE CONTINUING ALONG SAID CEMTERI.INE ALONG THE ARC OF A CURVE TO
THE I,EFT I{AVING A RADTUS OF 50. OO FEET AND A CENTRAL AI{GIJE OF
26o24'43", A DISTAIICE OF 23.05 FEET (CHORD BEARS S 19oogt49n W 22.95
FEET); THENCE COMTINUING ALONG SAID CENTERLINE S 05057'2711 W 107.09
FEET; THENCE CONTINUTNG ALONG SAID CENTERLINE ALONG TITE ARC OF A CT,RVE
TO THE LEFT HAVING A RADIUS OF 100.00 FEET AM A CENTRArJ AMIJE OF
05031,35u, A DTSTAIiICE OF 9.55.FEET (CHORD BEARS S 03c,11'40'' W 9.64
FEET) ; THENCE CONTTNUING ALONG SAID CEMPERLINE S OOO25 I52II W 48.93
FEET; THENCE
CO$TTINUING ALONG SAID CENTERI,INE ALONG THE ARC OF A CUR\IE TO .TIIE RIGHT
HAVING A RADIUS OF.1OO.OO FEET AND A CENTRAI, A}IGIJE OF 09O55'OO'" A
DISTA}ICE OF 17.3I FEET(CHORD BEARS S 05O23'22N W 17.29 FEET) TO A
POINT ON TI{E SOI,THERLY LINE OF LOT 26 O" SAID SECTION J., THE TERMINUS;
WHENCE THE SOUTHWEST CORNER OF SAID SECTION ]. BEARS N 88OOB'24'I W
801.05 FEET. THE ABOVE DESCRIBED PROPERTY CONTAINING A TOTAI ACREAGE
oF 430.698 ACRES, MORE OR LESS
8/5/ee
ililil ililt ililt lillt tffiilt [mililil]il ffi569194 09/tt/2o0o O5ztOP BI2OA P73t L RLSDORF
7O ol 72 R 360.00 D O.00 GRRFIELD COUNTY CO
EXHIBIT B
(Annexable Property Legal Description)
Those parcels of property identified as Future Development, Phase 1, Future
Development, Phase 2, Future Development Phase 3 and Future Development, Phase 4
and more particularly described on the Final Plat of Rose Ranch Planned Unit
Development, Phase 1, recorded in the records of the Clerk and Recorder for Garfield
County, Colorado onl-sq,7099, at Reception No. tZlF
Declaralion of Protective Covenants
Rose Ranch P,U.D.
I 3-Sep-99 56
ilililt ililt lililt ilil [il[ ilt ililt il iltil lllt tilt569194 09/tt/20007l ol 72 R 360.00
OStlO?
D O.OO
81206 P732 r. RLSDORF
GRRFIELD COUNTY CO
EXHIBIT C
(Golf Course Parcel Legal Description)
Those parcels of property identified as Golf Course Parcel 1, Golf Course Parcel
2, Golf Course Parcel 3, Golf Course Parcel 4, Golf Course Parcel 5 and Golf Course
Parcel 6 and more particularly described on the Final Plat of Rose Ranch Planned Unit
Development, Phase 1, recorded in thg records of the Clerk and Recorder for Garfield
County, Colorado on t/-if , 7 0gg, a! Receptio n No. s6 7t€8
Declaration of Protective Covenants
Rose Ranch P.U.D.
t 3-Sep-99 57
ill]il ltil ltilr lill []L flt ililt ilt ill] ilt lllt
569194 O9/17/2OOO @5z7OP Bt2O6 P?33 1'l RLSDORF
72 oQ 72 R 360.00 O 0.00 GRRFIELD COUNTY C0
Declaration of Protective Covenants
Rose Ranch P.U.D.
I 3-Sep-99
1.
2.
3.
EXHIBIT D
(Recorded Easements, Licenses, Covenants and Restrictions)
Declaration of Golf Facilities Development, Construction and Operational
Easement, executed by Roaring Fork Investments, LLC on E-./qo ,1999, and
recorded in the records of the Clerk and Recorder for Garfield County, Colorado
ont4fg_,Zggg,atBoolu/,Page@rtandReceptionNo.,s-a72ff
Grant of Conservation Easement, conveyed by Roaring Fork Investnents, LLC
to the Roaring Fork Conservancy on tg.* ,1999, and recorded in the records of
the Clerk and Recorder for Garfield County, Colorado onz€? ,290e, at Book
/zoz ,Page*3 and Reception No. €67/%
Easement Agreement, between Roaring Fork Investments, LLC and the
Westbank Mesa Homeowner's Association, Inc., datedA-ar't,199, and
recorded in the records of the Clerk and Recorder for Garfield County, Colorado
on*as, ,1999, atBook4!!,Page5/ and Reception No. €*?4-
Roaring Fork Water & Sanitation District Roaring Fork fnvestments, LLC
Pre-inclusion Agreement, between Roaring Fork Investrnents, LLC, the Roaring
Fork Water & Sanitation District and the Board of County Commissioners for
Garfield County, Colorado, dateryL ,1999 and recorded in the records of the
Clerk and Recorderof Garfield County, Colorado on//* ,1999 atBooYJ4
PageSZ and Reception No. €d?/fr
58
iltllil Iilil t!ilt lilt tllill l]lll lllll|llullllllllll'sV{ids @irlaiiosi 6q,wp 87447 P884 l'l RLSDoRF
i:ii er R 406.@o D o.oo GRRFIELD couNTY c0
F&STATED
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS FOR IRONBRIDGE
This Restated Declaration of Covenants, Conditions Restrictions and Easements for
Ironbridgelttit;-n;ttatement")madethis'..hy" diyof Itito*t^,,i, 2OO3, revokes in its
entirety
-the Declaration of iovenants, GTitions, Restrictiond and Easements for The Rose
Ranch P.U.D., Phase 1, recorded September 11,2000 in Book 1206 atPage 662 in the real
property records of the dounty of Garfield, State of Colorado (the "R.evoked Declaration"). 'The
Revoked Declaration shall be replaced by this Restatement
WITNESSETH:
: WHEREAS, Roaring Fork Investment, L.L.C., the declarant uhder the Revoked
Declaration conveyed the Froperty to LB. Rose Ranch LLC, a Delaware limited liability
company. Pursuant to this Restatement, LB Rose Ranch LLC, as the sole owner of the Properly,
,"rot"s-*d terrninates the Revoked Declaration including all of the interest of Roaring Fork
Investmen! L.L.C. as Declarant under the Revoked Declaration.
WHEREAS, LB Rose Ranch LLC (the "Declarant") desires to create a Planned
Community pursuant to the Colorado Common Interest Ownership Act on the Property, the
name of which is "Ironbridge."
NOW, THEREFORE, Declarant hereby makes this DECLARATION OF C6WNaXTS,
CONDITIONS, RESTRTCTIONS AND EASEMENTS FOR IRONBRIDGE (thc "DECIATAIiON,)
as of the date of recording in the real estate records of the Clerk and Recorder of Eagle County,
Colorado:
l. The instrument attached hereto as Schedule I and incorporated herein by
reference, as amended by the fotlowing terms, shall constitute the Declaration and shall govem
the Property.
Z. Definition of Certain Defined Terms. Section 2.1 of Article II of the insbilment
attached * S.h"dul. I'ir h"r"by amendea by (a) revising the definitions of "Articles",
,'Association", "Declaration" and "The Rose Ranch" by deleting any reference in such definitions
to ,,The Rose Ranch" and substituting in its place "Ironbridge"; and (b) revising the definitiol of
,,Declarant" to delete the reference to "Roiring Fork lnvestments, L.L.C., a Colorado limited
liability company" and substituting in its place "LB Rose Ranch LLC, a Delaware limited
liability company."
3. Change of Name. Thq name of the Project is hereby changed to "Ironbridge".
Allreferen"",ffih''int1reDeclaration,including,without1imitation,thefirst
sentence of Section 3.1 and Section 3.2 of Article III of the instrument attached as Schedule I are
tlI!llt trilil illill lilt llillt ilfiil ililt ilt lru ilil lIil623133 93/L8/2@03 O4:O1P 8L447 P885 H RLSDORF2 of 8t R 4@6.oo D O.O0' GARFIELD cOUNTy CO
revised to read "Ironbridge" to reflect the change of the name of the Project.
4- Domestic Water. Section 4.14 of the instrument attached as Schedule I shall be
deleted in its entirety and the following text shall be substituted in its place.
"Water shall be supplied to each Lot by a water system which is owned, operated
and maintained by the Roaring Fork Water & Sanitation District. The water so
supplied shall be used for domestic in-house use only and for irrigation of not
more than 500 square feet of landscaped area.,,
5. . Easement for Private Amenities. The following sentence shall be added to the
end of Section 8.17 of Article VII of the instrument attached as Schedule I:
'lMembers and other permissible users of the Private Amenities shall have the
right to a perpetual, unrestricted non-exclusive easement across and thrcugh all
Comrnon Areas for purposes of pedestrian access to and from the Roaring Fork' River and for fishing and other pedestrian activities along and on the Roaring
Fork River."
5.Maintenance.
a. The first sentence of Section 9.1(B) and Section 9.5 of Article IX of the
instument attached as Schedule I, shall be amended by adding the Phrase "(including, without
limitation, landscaping )" after the word "improvements" in each sentence.
b. In addition, the following sentence shall be added at the end of Section 9.1@):
"In the event that the improvements on a Lot are damaged or destroyed by an
event of casualty, the Owner shall be obligated to take immediate and reasonable
measures to diligently pr.usue the repair and reconstruction of the damaged or
destroyed improvernents to substantially the same or better condition in which
they existed prior to the damage or destruction."
7. Desipn Review.
a. The last sentence of Section 16.6(E) of the instrument attached as Schedule I
is hereby deleted in its entirety.
b. The phrase "or deposit(s)"shall be added after the word "fee(s)" each time it
appears in the second sentence of Section 16.7 of the instrument attached as Schedule I. The
following sentence will be added after the second sentence of Section 16.7:
"The Design Review Board will also have the right to require a deposit for each
improvement subject to its review, in an amount which may be established by the
Design Review Board from time to time, and such deposits will be held as
security to ensure that the construction of the improvements comply with plans
and specifications approved by the Design Review Board and to act as a reserve
2
6231333of81
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against possible damage to common improvements which may occur during
construction. If the improvements fail to comply with such plans, the Design
Review Board may retain the deposit to pay for its enforcement rights set forth in
Section 16.10."
8.Use Restrictions.
a. Siens. The final sentence of Section 17.1(F) of the instrument attached as
Schedule I is hereby deleted and a new sentence is added in lieu thereof, reading as follows: "No
"For Sale'l or "For'Rent" sign may be posted on any Lot, except for those in strict conformance
with the Design Guidelines as published by the Design Review Board."
Recreational Equipmint. Section 17.1(N) of the instrument attached as Schedule I is hereby
deleted and a new secti,on is added in lieu thereof, reading as follows: "All unsightly structures,
facilities, equipmen! objects, and conditions, including sporting equipment (e.g. skis,
snowboards,-bikes, *orntuil bikes, kayaks, etc.), and snow removal, garden or maintenance
equipment except when in actual use, shall be kept in an enclosed structure or in a screened area
approved bV the Design Review Board. No laundry or wash shall be dried or hung outside any
r"rid"rr"".
-Equipment
intended for children's recreational use, such as basketball standards,
swing sets, ani rlid"r, must also be approved in advance by the Design Review Board. Such
equiiment need not be screened if itli constructed of nahral materials such as wood, stone,
*"tul, etc., and if it is painted olstained in earthen tones (natural woods, greens, browns, black,
etc.). If such equipment is constructed of non-natural materials such as plastic, or if the
equ'ipmept is other tiran earthen tone in color, it must be effectively screened from view from
oth.i tot. and from cornmon area and public parks and other public areas including streets, bike
paths, and the Golf Course."
c. Motorized Vehicles. The reference in the first sentence of Section l7.l(O) of
the instrrm.nt uttu"h"d * S"h.drl" I to "trucks with a capacity of one-half ton or less" shall be
changed to ..truckS with a capacity of three-quarter ton or less." In addition, the following
sentence will be added at the end of Section 17.1(0):
'T.tro more than two permitted vehicles per residence may be parked within the
Project outside an enclosed garage, and such vehicles must be parked on the
driveway of the residen"" or in a designated parking area on the adjoining public
street. Additional permitted vehicles not belonging to the Owner or occupant of
the Lot may be p*t"a in the driveway or in designated Plking_ areas on the
public streeis during special occasions, but only for the duration of the occasion.
i-to vehicles of any-kind may be parked in any location on a Lot except on the
driveway or within an enclosed structure."
d. llater Use. Section 1 7.1(BB) of the instrument attached as Schedule I is
hereby deleted in its entiretY."
e. occupancv Limits. The following text shall be added as a new subsection
3'
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623133 A3/$/2O93 O4:07P 8L441 P887 I'l RLSD0RF4 of 81 R 406.OO D 0.00 GRRFIELD COUNTY C0
17.1(GG) of the instrument atrached as Schedule I:
"Occupancy Limits. Each Lot shall be improved, occupied and used only for
single-family residential pu{poses, except that a iuplex, townhome or
condominium.may be built and occupied upon a Lot designated therefor, and an
accessory dwelling unit may be built and occupied upon or in a Lot designated
therefor. Occupancy of each dwelling unit on the Property shall be limiteJto (i)
no more than two (2) principal adults, (ii) the legal dependents of one or both of
said principal adults, (iii) no more than two (2) additional family members (adultsor legal dependents) who are related by blood to said principal adults, and
occasional guests. Employees who care for the residence or *iro care for the
legal dependents may also occupy the residence. For purposes hereof, "related by
blood" shall mean the following relationships, bui no others: grandparents,
parents, brothers and sisters, aunts and uncles, and nephews and nieces.
Accessory dwelling units are strictly limited to occupancy bt no more than two
(2) adults and the legal dependents of one or both of said adulis.,'
f. Garbage and Trash and Compost Containers. The following text shall be
added as a new subsection 17.1(HH) of the instrument attached as Schedule I:
"No refuse, garbage, trash, grass, sluub, or tree clippings, plant waste, scrap,
rubbish, or debris of any kind shall be kept, stored, maintained or allowed to
accumulate or remain on any Lot or on the Property except temporarily within an
enclosed structure within the building envelope approved by the Design Review
Bgard-, except that any approved container containing such materiais may be
placed next to the street on the designated moming of garbage collection and must
be rehrrned to its enclosed structure that same day. No garbage containers, trash
cans or receptacles shall be maintained in an unsanitary or unsightly condition,
and except when placed for pickup they shall not be visible from another Lot,
community park or common area."
g. Leasine. The following subsection shall be added to Section 17.4 of Article XVII
of the instrument attached as Schedule I:
"(xi) All leases must cover the entire residence being leased or, in the event the
lease relates to an accessory dwelling unit, it must cover the entire accessory
dwelling unit . No leases of portions of a residence or accessory dwelling unit
shall be permitted."
10. Tradename or Loqo. Section 17.8 of the instrurnent attached as Schedule t shall
be revised to aiE-lfr-e name "Ironbridge" as a protected name under this section.
I 1. Enforcement. Section l7 .7 of Article XVII of the instrument attached as
Schedule I shall be revised by adding the following phrase at the end of the second sentence:
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523133 @3/18/2OO3 O4zO7P 9t441 P888 I'l RLSDORF
5 of 81 R 406.OO D 0.00 GRRFIELD COUNTY C0
", including but not limited (a) to the imposition of reasonable and uniformly
applied fines and penalties, and (b) excluding violators from the Common Area or
from enjoyment of any Association functions, or otherwise."
12. Real Estate Transfer Assessment. Section I I .14 of Article XI "Real Estate Transfer
Assessments" of the instrument attached as Schedule I is hereby deleted in its entirety and a new
Section 11.14 is inserted in lieu flrereol reading as follows:
Section I I . 14 Real Estate Transfer Asse$sment. Upon the occurrence of any transfer, as
defined below, of an improved or.unimproved Lot within Ironbridge (excluding, however, gifts,
transfers for estate planning purposes, the second transfer in an IRC Section 1031 exchange
(provided that the transfer assessment has been paid with respect to the first transfer), transfers
by court order or by will or intestacy, transfers to the Association, transfers from Declarant to an
afFrlidte of Declarant for the purpose of such affiliate developing, operating or holding for resale
the real property subject to such transfer and any other transfers subject to specific exclusions as
adopted by action of the Executive Board), the transferee under such tansfer shall pay to the
Association a real estate transfer assessment (the "Transfer Assessment") equal to one-quarter of
one percent (0.25%) of the fair market value, as defined below, of the Lot subjected to transfer in
accordance with the terms and procedures set forth below and such other uniform and customary
procedures, Iimitations and exclusions as may be adopted by the Executive Board from time to
time.
A. Purpose and Use of Funds. All proceeds from the Transfer Assessments shall
be contributed to itre Ironbridge Foundation to support philanthropic and charitable
organizations, activities, facilities, events or operations benefiting the general community or the
quality of life at Ironbridge, including, without limitation, public education, open space
preservation, conseryation and environmental measures and other educational, charitable or
philanthropic endeavors. The Ironbridge Foundations is a nonprofit entity formed for the
purpose of overseeing and administering the proceeds of the Transfer Assessment in accordance
with this Section and its governing documents. Notrarithstanding the foregoing, in the event the
Ironbridge Foundation has not been organized and empowered to accept monies at the time that a
Transfer Assessment is collected, the Association shall hold all such proceeds in trust and remit
them to the Ironbridge Foundation upon formation.
B. Definitions.
(i) Transfer. For purposes of this Notice of Levy, "transfer" means and
includes, whether in one transaction or in a series of related transactionS, &Y conveyance,
assignment, lease of 30 years or longer or other tansfer of beneficial ownership of any Lof
including but not limited to (i) the conveyance of fee simple tifle to any Lot (including any
conveyance arising out of an installment land contract or a lease containing an option to
purchase), (ii) the transfer of more than 50 percent of the outstanding shares of the voting stock
of a coqporation which, directly or indirectly; owns one or more Lots, and (iii) the transfer of
more than 50 percent of the interest in net profits or net losses of any partnership,limited liability
company, joint venture or other entity (each referred to hereinafter as a "Business Association")
(other than Declarant) which, directly or indirectly, owns one or more, but "transfer" shall not
5
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mean or include the transfers excluded from the Transfer Assessment as described in this
Section.
(ii) Transferee. For purposes of this Notice of Levy, "transferee" means
and includes all parties to whom any interest in a Lot passes by a transfer, and each party
included in the term "transferee" shall have joint and several liability for all obligations of the
transferee under this Section.
(iii) Fair Market Value. "Fair market value" of the Lot subjected to
transfer shall be the aggregute ,Ar.re of all consideration paid or delivered to the transferor for the
transfer as. reasonabty aetermined by the Executive Board. A transferee may make wrilten
objection to the Association's determination within fifteen (15) days after the Association has
given notice of such determination, in which event the Association shall obtain an appraisal, at
the transferee's sole expense, from a real estate appraiser of good reputation who is qualified to
perform appraisals in iolorado, who is familiar with real estate values in the County of Garfield,
and who Jt "tt Ue selected by the Association. The appraisal so obtained shall be binding on both
the Association and the transferee. The transfer"" s[u[ be deemed to have waived all right of
objection concerning fair market value, and the Association's determination of such value shall
be binding, if no objection is timely made to the Association as provided herein.
D. Pavment and Reports. The Transfer Assessment shall be due and payable by
the hansferee to the Association at the time of the transfer giving rise to such Transfer
Assessment. With such payment, the transferee shall make a written report to the Association on
forms prescribed by the Association, fully describing the transfer and setting forth the true,
complete and actual consideration for the transfer, thi names of the parties thereto, the legal
des&ption of the Lot transferred, and such other inforrnation as the Association may reasonably
require. The transferee may also submit an application for request for -exemption from the
Transfer Assessment on forms prescribed by the-Association. If the Transfer Assessment is not
paid within thirfy (30) days of when due, the transferee shall be subject to all interest, fines and
oth"r r"*"dies applicable to Assessments in default as set forth under the Declaration, including,
without limitation, the right of the Association to lien and foreclose the transferee's Lot'
13. Morteaeee Rights Article Deleted. Article XIX "Mortgagee's Rights" of the
instrument attached as Schedrrle I is hereby deleted in its entirety.
14. Dispute Resolution Provisions. A new Anicle XXII shall be added to the
instrument attached as Schedule I which shall read as follows:
llIIilililt Hil[lilt ililil liltlt ililt ilt t]il ffilllt623133 O3/78/2OO3 @4zO7P 8t447 p890 t't RLSDORF7 of 81 R 406.0s D 0.00 ORRFIELD COUNTY C0
ARTICLE XXII
DISPUTE RESOLUTION
2Z.l Aereement to Encourage Resolution of Disputes Without Litisation.
Declarant, the Association and its members, offrcers, directors, and committee
members, all persons subject to this Declaration, and any person not otherwise
subject to this Declaration who agrees to submit to this Article (collectively,
"Bound Parties"), agree that it ii in the best interests of all concerned to
encourage the amicable resolution of disputes involving the Project without the
emotional and financial costs of litigation. Accordingly, each Bound Party agrees
not to file suit in any court with respect to a Claim described below, unless and
until it has first submitted such Claim to the alternative dispute resolution
procedures set forth in Section 22.3 in a good faith effort to resolve such Claim.
A. Definition of Claim. As used in this article, the term "Claim" shall refer to
any claim, grievance, or dispute arising out of or relating to (i) the interpretation,
application or enforcement of the Association Documents, (ii) the rights,
obligations, and dutips of any Bound Party under the Association Documents, or
(iii) the design or construction of improvements within the Project, other than
matters of aesthetic judgment under Section 19.3, which shall not be subject to
review.
Notwithstanding the foregoing, the following will not be considered "Claims"
unless all parties to the matter otherwise agree to submit the matter to the
procedures set forth in Section 22.3: (i) any suit by the Association to collect
assessments or other amounts due from any Owner, (ii) any suit by the
Association to obtain a temporary restraining order (or emergency equitable relief
and such ancillary relief as the court may deem necessary in order to maintain the
status quo, (iii) any suit between Owners, which does not include Declarant or the
Association as a party, if such suit asserts a Clairn which would constitute a cause
of action independent of the Association Documents, (iv) any suit in which an
indispensable party is not a Bound Pu.ty, and (v) any suit as to which any
applicable statute of limitations would expire within 180 days of giving the Notice
required by Section 22.3, unless the parties against who the C1aim is made agree
to toll the statute of limitations as to such Claim for such period as may
reasonably be necessary to comply with this Article.
B. Dispute Resolution Procedures.
i. Notice. The Bound Party asserting a Claim ("Claimant") against
another Bound Party ("Respondent") shall give written notice to each Respondent
and to the Executive Board stating plainly and concisely: (i) the nature of the
Claim, including the persons involved and the Respondent's role in the Claim, (ii)
the legal basis of the Claim (i.e., the specific authority out of which the Claim
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8 of 8l R 4@6.0O D 0.00 GRRFIELD COUNTY C0
arises), (iii) the Claimant's proposed resolution or remedy, and (iv) the Claimants
desire to meet with the Respondent to discuss in good faith, ways to resolve the
Claim.
ii. Neeotiation. The Claimant and Respondent shall make every
reasonable effort to meet in person and confer for the purpose of resolving the
Claim by good faith negotiation. If requested in writing, accompanied by a copy
of the Notice, the Board may appoint a representative to assist the parties in
negotiating a resolution of the Claim.
iii. Mediation. If the parties have not resolved the Claim through
negotiation within 30 days of the date of the notice described in Section 22.3.1 (or
within such other period as the parties may agree upon), the Claimant shall have
30 additional daysto submit the Claim to mediation with an entity designated by
the Association (if the Association is not a party to the Claim) or to an
independent agency providing dispute resolution services in Eagle County.
If the Claimant does not submit the Claim to mediation within such time, oi does
not appear for the mediation when scheduled, the Claimant shall be deemed to
have-waived the Claim, and the Respondent shall be relieved of any and all
liability to the Claimant (but not third parties) on account of such Claim.
If the parties do not seffle the Claim within 30 days after submission of the matter
to mediation, or within such time as determined reasonable by the mediator, the
mediator shall issue a notice of termination of the mediation proceedings
indicating that the parties are at an impasse and the date that mediation was
terminated. The Ciaimant shall thereafter be entitled to file suit or to initiate
administrative proceedings on the Claim, as appropriate.
iv. Settlement. Any settlement of the claim through negotiation or
mediation shall be documented in writing and signed by the parties. If any party
thereafter fails to abide by the terms of such agreement, then any other party may
file suit or initiate administrative proceedings to enforce such agreement without
the need to again comply with the procedures set forth in this Section. In such
event, the pany taking action to e-nforce the agreement or award shall, upon
pr.ruiilirrg, ie entitled io ,""or"t from the non-complying party (or if more than
orr" not--"omplying party, from all such parties in equal proportions).all costs
incurred in enforcing such agreement or award, including, without limitation,
attorney's fees and court costs.
C. Initiation of Litieation by Association. In addition to compliance with the
ro,'goi@eio1utionprocedures,ifapplicable,theAssociation
shall not initiate any judilial or administiative proceeding unless first approved by
a vbte of Owners *titt"a to cast 75% of the total votes in the Association, except
that no such approval shall be required for actions or proceedings: (i) initiated to
6231339ofEl
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O3/18/2@O3 @42@7P 81447 P892 l,l RLSDORF
R 406.0@ D O.OO GRRFIELD COUNTY CO
enforce the provisions of this Declaration, including collection of assessments and
foreclosure of liens; (ii) initiated to challenge ad valorem taxation or
condemnation proceedings; (iii) initiated against any contractor, vendor, or
supplier of goods or seruices arising out of a contract for services or supplies, or
(iv) to defend claims filed against the Association or to assert counterclaims in
proceedings instituted against it. This Section shall not be amended unless such
amendment is approved by the same percentage of votes necessary to instituteproceedings."
I
l15. Conflicts Between Documents. This Resatement hereby revokes and supersedes
the Revoked Declaration. In case of conflict between the Declaration as restated hereby and the
Articles and the Bylaws of The Ironbridge Property Owners' Association, the Declaration, as
restated, shall control.
16. IN WITNESS WHEREOF, the undersigned, being the sole owner of the Property,
has executed this-Restated Declaration of Covenants, Conditions Restictions and Easements for
Ironbridge on the day and year written below.
DECLARA]TIT:
LB Rose Ranch LLC, a Delaware limited
liabili$ company
By: PAMI LLC, a Delaware limited liability
company, its managing member
By:
Title: Autliorized Signatory
STATE OF Now Yort . I
) SS.
COUNTY oF New York )
The foregoing instrument was acknowledged before me this ;D$\ day of'fWildlr,
by Marguerite M. Brogan, as Authorized Signatory of PAMI LLC, a Delaware limited liability
company, managing member of LB Rose Ranch LLC, a Delaware limited liability company.
tsEALI
Public,
PAMELA KANE
r oarv pL u-i'iir,'siaii iii
-ru
ew vo*
Reo istration'+ 0 1 M6043526
0ultitied in New York County
My Commission Expires June 19,2008
E:\Clients\LB Rose Ranch, LLC\lstamend-declaration cln6doc
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tO o0 81 R 406.OO D 0.00 GRRFIELD COUNTY C0
corporation.
My commission expires:
ISEALI
JOINDER OF LIENOR
The undersigned, beneficiary under the Deeds of Trust dated July 29,lgg1,November
27,'lgg7 and April1g,7ggg, respectively, and recorded August 4,1997 in Book 1028 at Page
776, November 26,1997 in Book 1044 at Page 30, and April 30, 1999 in Book ll2? atPage364,
respectively, in the offrce of the Clerk and Recorder of Garfield County, Colorado, as amended
and supptemented from time to time (the "Deeds of Trust"), for itself and its successors and
assigni'approves the revocation of the Revoked Declaration and flre recording of the_foregoing
Restated Declaration of Covenants, Conditions Restrictions and Easements for Ironbridge
affecting the property encumbered by the Deeds of Trust, and agrees that no foreclosure or other
enforceirent irf *V iemedy purru*i to the Deeds of Trust shall impair, invalidate, supersede or
otherwise afflect the covlnants, conditions, restrictions and easements established by that
Declaration.
Lehman Brothers Holdings, lnc., doing
business as Lehman Capital, a division of
Lehman Brothers Holdings,Inc., a Delaware
corporation
By:
srATE oF NewYork )
Title: Authorized Signatory
) SS.
CoUNTY oF New York )
The foregoing instrument was acknowledged before me this ttg"l "r@4f{,by Marguerite M. eiogan as Authorized Signatory of Lehman Brothers Holdings, Inc., doing
business as Lehman bapital, a divisioh of L"h** Brothers Holdings, Inc., a Delaware
PAMELA KANE-sa?,r$?Jfif tffi'd[lHl'r
My clll,ll',.f$ll [fii'l3i'?? ff,rye*
Name: Marguerite M.
10
SCHEDULE I
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Declaration of PTitective Covenanls
Rose Ranch P.U.D.' Phose I
l3-Sep-99
I
I
ARTICLE I
DECLARATION AND' S UBMISSION
' Declarant hereby declares that the Property sJrdrje held, sold and convcyed subject to the
covenants, restriotions'and easements which arc for tlie purpose of protectiug'the vqlue and
desirabilityoftheproperty, andwhich tft"ff -n*i6,ifrof*A *dbetindingonallparties andheirs'
successors, and assilns ofparties having "ni agrrt, iitl"::i"':1::t in alt or irnypart of the Property'
ffi,H;.tfi;;#;, hJr*y tuumits-the propertv to the provisions of the Aot'
ARTICLE II
oprrNruoxs
Section2.l Definitions. The following words when used in this Declaration orany
Supplementar o..t.rutEffi inconsistent wiitr the context of this Decraration, shall have'the
r"riJ*ie
^aanings:
A. ,.Abandoned and Ipooo ' has the meaning set forth in Scction
17.lQ.
8."&!"meansthecoloradocommonlnterestou'nershipAct'c'RS'$38-
33.3-l0l et sgg.
C- "45nepb!.elrop@" means the real property which is subject to the P'U'D
for rhe Rose Ranch ,rriffifrlr Grrv-m"ae suulect ld.trre terms and provisions of this
Declaration. The real property which.o*pii;i"ut the Ainexable Property is depicted and on the
plat as ..Future Devellpment" parcels "rdj;;;;; puttituf*fy describe* on Exhibit B' attached
hereto and incorporated hereirr by this reference'
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D. "AtticJes" nteal1 the A:ticles of Incorporation for The Rose Ranch Ploperly
Owners Association, Inc., or: {ile wjth the Colora.do Secretary of State, at'td any amendments whiclr
may be r:rade to tlose Arlicles fi'onr time to tinre.
E. "A:l:u.al Assessn:ent" nteans tbe Assessnrent levied annually.
F. "ASSeSSmenIS" means the Arurual, Special, and Default Assessments levied
pursuant to A:ticle XI below. Assessments are further defined as a Comnron Expense Liability as
defined under the Act.
G. "Association" mears The Rose Ranch Property Owners Association, Inc., a
Colorado nonprofit corporation, and its successors and assigns
H. "@' mears flris Decluation, the Articles of
Incorporation, andfl:e Br";s;aflie Association, and anyprocedures, rules, regulations, orpolicies
adopted under such documents by the Association.
L "Association-Insu " has'the meaning set forth in Section 13.1.
J. "Association Rules" means the rules and regulations adopted by the
Association ". proria"aEffiTl
K 'Ey13;g5." means the Bylaws adopted by the Association, as aurended from
time to time.
L. "e ommo@' means all of the real property depicted and identified on the
PIat as "Common Area" and improvements thereon, if any, in which the Association owns or has
an interest for ttre coulmon use and enjoyment of all of tbe Owners on a non-exclusive basis. Such
interest may include, without limitation, estates in fee, for terms of years, or easements. "Common
Area" is fuilher defined as a Common Blement as defined under the Act.
M. "ComrnonExpenses"means (i)allexpensesexpresslydeclaredtobecornmon
expenses by this Declaratiou or the Bylaws of the Associatiou; (ii) ail other expenses of
adiuinistering, ser-r,icing, conserving, ulanaging, nraintaining, repairing, or replacing the Comnnon
Area; (iii) insurance prerniurus for the insurance carried under Ailicle X; and (iv) all exPeuses
lawftlly detennilred to be cornmon expenses by the Executive Board of the Association.
N. "Deciarant"l'neans Roaring Fork Lrvestment, L.L.C., a Colorado linrited
iiability compauy, and its successors and assigns.
O. "Declaration" means and refers to this Declaration of Covenants, Conditions,
Restrictions and Easen:ents for The Rose Ranch
D eclarulio tt of P ro tective Cottenants
Rose Ranch P.U.D., Phase l
I j-Sep-99
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ii-.i-ai-n 4,oo.o@ o s.os GRRFIELD couNTY c0
a
and suppler:rented
p. ..Default Assessnrent" msans tlre Assess:rrent levied by the Association
pursuant to Article XI, Sectiort 11.7 below.
"Desisr: Guidelines" nlealls the guidelines a:d rules publislred and amended
frorn titue to tinre by the Design Review Board'
m oarls a:id refers to th e D esi gn Review B oard defi ned
in ar:d created pursuant to Article XVI below.
S. "Drailage Structures" has the nreaning set forth in Section 9.6'
T. ..Execptive Board" means the governing body of the Association elected to
perfom: the obligatior6 of tlr rrociation relative to flre opera-tion, maintenance' and management
of the Property and all itnprovements on fl:e Property.
has the meaning set forth in Section
by the Association to
Executive Board maY
R. "DesignReviowBoard"
U.
.15.5.
V. .,@gW"meanstherealpropertylocatedinGarfieldCounty,Colorado,
more particularly described on the attached Exhibit C.
W. ..Eirst Mortgap" mears any Mortgage which is not subordinate to ahy lien
or elcumbrance except fi""r for to"r, fierrs for Assessments or other liens which are given priority
by statute.
X. ..EiEjlt4ortgaeee" means anypersonnamed as amortgageeorbeneficiaryin
any First Mortgage, gr ;t successor to ttre interesi of *y such person under such First Mortgage:
1.. ..Lg.t,, means a plot of lar:d subject to this Declaration and desiguated as 1
.'Lof'on any subdivision plat of the Property recordedby Declarant iir the office of the Clerk and
Recorder of Garfield County, Colorado, fogetherwith all appurtenances_and imp:ovements' now or
in the future, on the Lot. "Lot" also tras tle meaning ascrited to it in Section 15.3 hereof' Lot is
fuither defined as aUnit as defined under tire Act'
Z. "Iv[a1agg" shall mean a person or entity engaged
perfonn certain duties, powers, or functions of the Associatiou, as the
authorize fi'our time to tirne.
AA. "M.embel" shall nean everJ person or eltity who holds lreurbership iu the
Association.
Declaralio n of P rot.ective Cov ena.nts
RoseRan.ch P.U.D., Pluzse I
l3-Sep-99
iltllil !illt !ilffi lill l!ilil ililil l[il lll il|ru il ffil
623133 O3/t8/2@O3 O4:@7P 81447 P8g7 I'l ALSDORF
74 oJ 81 R 406.00 D O.AO GARFIELD COUNTY C0
D eclar atiott of P ro tectiv e Covenanls
RoseRatrch P.U.D.' Phase I
Ii-Sep-99
BB...M8.I1gag9,,sira]]nleanalymortgage,deedoft]ust,orotheld.ocunretrt
pledging any Lot or ilteresJ itr"i"i,l as security for payrent of a debt or obligation'
CC. "Moflgagee" nteans any,elson naned a.s anoflgageeo:beneficiary in any
Morlgage, or any successori t-lre interest of ar:y such persorl under such Mortgage'
DD...Mj.zed,,lrasthemeaningssetforllrinSectiorilT'1'Q.
EE.l.Mgl,,meanstireowDelofrecord,whetlreloneormorepersonsolentities,
of fee sinple title to aly Lot, and "Owner" also inc,ludes the purchaser under a conhact for deed
covering a Lot, but excludes tllose havilg such interest in a Lot merely a's security for the
perfomrance of an obligation, including a Mirtgagee, unless aud until such person has acquired fee
sirnpte title to flre Lot tursuant to foreclosure or other proceedings'
FF."PcrEQu"mea[sanaturalperson'acorporation'aparlnership'atrusteeorany
otlrer legal entitY.
GG. 3?lat', means the subdivision plat depicting }"-PPp^"frV subjegt to. this
Declaration and recorded in the records of the Clerk *a R""oia"t of Gt'fi"ld County' Colorado on
/-5e/. , iOOO and ReceptionNo.%.andall suPplements and amendments thereto'
HH: .,Private. Amenities". means certain real proqeQr and 1V unnrovements and
facilities thereon located adjacent to, inEe vicinity of, or wiflrin the iroperty, which are privately
owned and operatrd;t p"rJot, othei than the Associuiion foirecreatio"al, "ommercial
and related
purposes, onu*"*Leffib^sis orotherwise, andshailinclude, withoutlimitation' theGolfCourse'
brivat" An:enities may bi owned by Declarant or affiliates of Declarant'
[ ..89pg4,, means and refers to that certain real property described on
Exhibit A attached to this Declaratiou'
JJ..BU.D-.Map,,meansthezonedistrictnrapfor-tlreRoseRanclrPlaruredUnit
Developn:ent recorded i' tlr" ri"oids of the Office of the Clerk and Recorder for Garfield County
;rrrt;.-, , 2000 at Reception No. daV/A€ '
I(K: .,p.U.D Resolutions ofApproval"rneanthetenns andconditions oftheP'U'D
approval issuedby tire Board of co*.ty co**i;Geis.for Garfield county' Colorado for the Rose
Ranch pla,.ed unit Development set forth in comrnissioner Resolution No' 98-80, recorded in the
records oftire Clerk and Recorder for Garfield County, Colorado on Sep' 9, 1998 at Book 1087' Page
g62 .nd Reception No. 531g35, as amended by commissio""r n"rorotion No. 99-067 ,record'ed in
the records of the Clerk and R.ecorder for Garfield Couuty, Colorado on June 8' 1999' ai Book 1 133'
Page 911 arid Reception No. 546856'
LL. ..Repair and reconstructiou" has the nreaning set for{r iu Section l3'2'
ilHill illll lillll llll Hllll llllll lllll lll lillll lll llil
623133 O3/78/2OO3 O4zO1P 81'441 P898 I'l BLSDORF
15 of 8l R 406.00 D 0.00 GRRFIELD COUNTY C0
Decl oration of Protectit'e Coven'onts
Rose Ranch P.U.D., Ph.ase l
t3-Sep-99
MM...Roa.4s,,meansaliroa,dswit]rint}reProperlyaSSl]ownonthePlat.
NN. "The Rose Ra:tclr" shall meall the pla:rned conxnunity crealed by this
Declalation, cotlsisting of the Property, tJle Lots, and any oil]t' i']p'ovements constructed on the
Property ard as slrown on the Plat.
OO. "Sh.aring Ratio" means thg allocalion of Assessn:ents to which a:r Qwner's
Lotis subject. The formura for shar-ing ratios is 4* equar allocatiorr arxollg all of tire Lots'
. PP. "special Assessmd" msans an assessment levied pursuant to section 1l'5
below on an irregular basis.
Qa. ..Special-]Djstricl,, means a selvice and utility district which may be created
as a special purpose unit of local government in u""ora*r" *'iU' Colorado law to provide certain
cornmunity servicgs.to some or all of the Property
RR. "successor Declu,*f'means any Palfy or entity t3.whom Declarant assigns
any or all of its rights, obligations, or inllrests as Declarant, ,. "'ia"*ed
by an assigrrment or deed
of record executed by both Declarart and the tansferee or.r,ign"t and recorded in the office of the
Clerk and Recorder of Garfield County, Colorado, a"sig,,ati"#'q Pry T '-ll'"ttsor Declarant'
Upon such recording, Declarant's ,iglt anA oUiigation' "'ia"' tt'is D""ta'ation shall cease and
terminate to the extent provided in such documenl'
Ss...SupplementalDeclaration,mean:aninstrumentwhichsubjectsaoy
arlditional properfy to ttirS."trr^tiorr,?*Iffily provided in Article )O/ below'
TT. ..Supplemental Plat" means a sr:bdivision plat which depicts additional
property made part of tlri, D"el.*"tion-tr the resubdi"iti"" tf any fo1 or the creation of any
condorniniums, duplexes, town homes or other multi-farnity uuits orrany Lot' and may include one
or rnore "maps" as defined in the Act'
UU...WestemParcel,,lrasthemeanirrgsetforthinSectionlS.l.B.
\ryr. "Wildlife Improvemeuts" has the meaning set forth in Section 18'1'D'
Each capitalized ter-m not otherwise defined il this Declaration or in the Plat shall have the
same meanings specified or used in the Act'
ARTICLE III
NAME, DIVISION INTO LOTS
ID
llIIil| ffiil| l!llll llll llllll llllll llill lll illlll ill llfl
623133
15 of
Section.3.4
on the Plat.
Section 3.5
@3/18/2@93 04:07? 81447 P899 I'l RLSDORF
El R 406.OO D O.OO GRRFIELD COUNTY CO
Section 3.1 Narle. The nar:re of the project is Tlie Rose Ranclr. The project is a Plarured
Conu:urrity pursuant to the Act.
Section 3.2 Associatiori. The narne of tlre association is The Rose Rancli Property Ownq's
Associatior:, Inc. Declarant lr.as caused to be incorporatid under the laws of the State of Colorado
tlr.eAssociation as anon-profit corporatiou with the pu.rpose oi'exercisin.g the functions as herein set
forllr.
Section 3.3 Nurnber of Lots. TIre nraxinrum number of Lots to be developed on the
property is eighty,two tail. DeclarJreseryes the r-ight for itself and any Successor Declarant to
subdivide agy Lots o, "i"ui"
condorniniunrs, duplexes, town honres and other multi-family units on
such Lots. Declarant also reserves the right io expanrt the property subject to this Declaration
pursuant to au:r niinj oi, Srrppr"*ental De-clarationi andPlati toincludeup to addition^lz4ol-ots
and to expand the Comrnon Area.
Identification of Lots. The identification number of each initiat Lot is shown
Description of Lots.
A. Each Lot shall be inseparable and may be develop-ed exclusively for
residential purposes in accordance with the restrictions applicabie to a particular Lot contained in
this Declaration, the PIat, the P.U.D. Resolutions ofApprlvat and the P'U'D Map' No Lot-shall be
further subdivided, except that Declarant, its su"""rrom and assigns (which assigns may b9 m-ore
than one, including, without limitation, developers of certainportions of thePrope*y) m.av further
subdivide Lots into condominiums, dupl"*"rl to*o homes and other multi-family unitst Once
subdivided, each Lot shall be deemed to be ttre number of Lots into which it is subdivided' Once
a condornini"*, a"pf"",io*r, home or multi-family dwelting unit is created pursuant to filing of
appropriate final plat(s), ttren each such separate residence shall constitute a Lot'
B. Title to a Lot may be held individually or in any forrn of concurrent ownership
recognized i1 Colorado. In case of any such concur:ent ownership, each co--owner shall be jointly
and severally iiable for performance and observance of all the duties and responsibilities oI.*
Owler with respect to thl Lot in which he owns an interest. For all pwPoses l.rereiu, there shall be
deerned to be only ole Owner for each Lot. The parties, if nrore tiran oue, having the ownership of
a lot shall agr ee between themselves irow to shar i the rights and obligations of such own:rll}p1b.ut
all such parties rfr"ff $ ioirrrf, *U severally liable for performance and observance of all of the
duties ald obligations of an Owner hereundei with respect to the Lot in which they owu an interest'
C. Aly cogtr act of sale, deed, lease, Mortgage, will or otirer instrunreut affecting
a Lot rnay describe it as Lot
-,
Rose Rairch P.U.D. , PhaseNo. 1, County of Garfield, State of
Colorado, accordiug to tlie Plat tiiereof recorded in the records of the Clert arid Recorder of Garfield
County, Coiorado on
-,
2000- at Receptiou No'
Declaration of Protective Cottenantls
Rose Ranch P.U.D., Phase l
I 3-Sep-99
I, L[llUU ! IIIIIIII !!!U,!lu!!.lIt[LULIil[l,!ll,[!I'ois
r gs @3 / ts / 2@o3 Q+' o!r- 1l:: i -:- :'l"i i"Ti--eo' "
L1 0t 81 R 406 .ss 6- a-'sia snnrteuo couNTY C0
D Eac6 Lot sSall be considered a separale parcel of real properly and shall be
separately assessed aid taxed. Accordingly, the Corrrro,, Area shalJ no.t be assessed separately but
shall be assessed witli flre Lot as provided pursuant to coloruao Revised Statutes Subsections 39-1-
1 03(10) and 38-33.3-1 0s(2).
E. No Owner of a Lot slrallibe entitled to bring arry actio}r for paltition or
divisior: of the Conunon fu-ea.
F. Subject to section 17.5 and as provided below, each Lot shall be used and
occupied solely fbr residential use; provided thdt such use and occupancy-shall be ouly as permitted
by and subjectto the appropriate and applicable govenmre,tal zoning and use oidinances' rules and
regulations from timeil ti*" in effect. Nonriflitanding the foregoilng' ""-'ITt'
for itself and its
successors, assigns, and/or designees (which designees 11V be more than one' including' without
liinitation, developers of certain pottio* oitf* irlptt.tf), lereby retains a.nght to maintain on any
Lot or Lots sales offices, management offices or model residenJes at arty time or from time to time
so long as Declarant, or its successors o,
"rrigrrs,
contilues to own an interest in a LOt' The Use by
Declarant, or its successors, assigns o, a"rigi""s, of any Lot as a model residence' office or other
use shall not affect the Lot's designation on the Plat as a separate Lot'
ARTICLE IV
MEMBERSHIP AND VOTING RIGlliS; ASSSCIATI9N OPERATISNS
section4.l TheAssociation. EveryownerofalotshalibeaMemberoftheAssociation'
Membership shall be appurtenant to and may not be separated'from ownership'of any Lot'
section 4.2 Transfer of Menrbership. An owner shall not transfer, pledge' encu:rrber or
alienate his membership in the Association in ary way, excapt upol the saie oi sncumbrance of his
Lot and then oniy to the purchaser or Mortgagee of his Lot'
section 4.3 Mernbership. The Association shall have one (1) class of membership
colsisting of all O*nililtffig the Declara't so long as the Declarant continues to own an
interest i* aLot. Except as otherwiseprovided forintirisD""t*"iio", sachMembershallbeentitled
to vote in Associatiog matters pursuant to this Declaration on the basis of one vote for each Lot
ow'ed. When nore than one person holds an interest in any Lot, all such persons shall be Members'
The vote for such Lot shall be exerciseJUy on" p"tso* oi altemative persons-(who may be a tenant
of the Owners) appointed by proxy i1 accordalce with tle Bylaws' in the absence of a proxy' the
vote allocated to the Lot shall be suspended in tire event more than one person or entity seeks to
exercise the right to vote on any one matter. Any Owrier or a Lot whiciris leased may assign his
voting right to the tena*t, provided that a
"opy
of a written proxy appoir:ti1g the tenapt is funrished
to the Secretary of the Associatio, prio, to
^nV
n'reeting io *itiai ihe tenant exercises the votiug
;*;;. il; "vlnt shall more tha, one vote be tast with respect to any one Lol
Declarat ion ol Protutit'e Covenanl s
Rose Ranch P.U.D-, Phase l
I 3-Sep-99
ilHlll lllll Mlll llll llllll Htlll [ullll llllfllll llll'6itiitAiT:s'iiose si ste 81447 Pe01 I'l RLSDoRF
is-ri-si-n-Aso,so o o.oo GRRFIELD couNTY c0
Sectio.4.4' Declar,a.nt Confiol. Notwitirstanding ariything to tlie contrarl provided for
hereil or i1 tlie Bylaws, D".lurrr-t ,l*il be entitled to aploint urJ '"o'o'e
the nrenrbers of the
Associatiorr,s Executive Board and officers of the Arro.irtion to tire fullest extent cunently
per::ritted under the Act. Tlie sfecific restrictions aid ptocedures- governing the exercise of
Declarant,s right to so appoint urrd ,.rrore Directors arid oificers shall be set out irr flre Bylaws of
flre Association. Declarapt may voluntarily ,"n qrirt, ,uJ po*.t evidenced by a notice executed
by Declarant ard recorded in ur. Oifi"" offie cr"* *a Recorder for Garfield County' Colorado'
but, in such event, Declarantrnay at its option rrqrir.tt*tspecified -t'.o-* oftheAssociation orflre
Executive Board as described in the recorded r:otci Jurinj the period Declarant would othenvise
be entitled to appoipt and rernove Directors and ofii"ers,irc uppro'ed by Declarant before they
become effective.
. Each Owner shall abide bY and
be,efir Ti#'ll;i pr and easement contained in the
^ r --^L:- .i- +La A oonniefinnffi##ffi;#'irr" "uiil"ri""s,
burdens, andbe,efits of membersl'ip.in the Association
- -^C.L ^f ^11 a+learlr.sttoulaLlull l.rueuursulD. rtrv vuu6ruv'^er-:-:r:::.1;:; ; ,enefit of all other
coucem the land and shall be covenants mnning with each Owner's Lot for the b
Declaratiott of Pro tective Covenants
Rose Rarrch P.U.D., Phase I
t j-Sep-99
Section 4.5
Lots and for the benefit of Declarant's adjacent properties.
section 4.6 Books and Records. The Association shall make available for inspection'
uponreques! during normal business hours or under otherreasonable Circumstances' to Owners and
to Mortgagees, current copies of the Association Documents and the books' records' and financial
statements of the Associatio, pr"p*Jpursuant to the Bylaws' The Association may charge a
reasonable fee for copying such materials'
Section4.T Manaser. The Association may employ or contract,lo-t *" services of a
Manager to whom the Executive Board may delegat" ttluin io*""' functions' or duties of the
Association, ", proviO"Ji' the Bylaws ofthe-Association. fU" Vt*"ger shall not have flre authority
to make expenditures except upon prior approval anA aireJon U! tne Executive Board' The
.ExecutiveBoard shallnotbe liable for any omission o, improp"r exerciseby aJvlanagerof anyduty'
power, or function so delegated by writien instmmeut executed by or on behalf of the Executive
Board.
Section 4.g Implied Rights and obiieations. The Association may exercise any right or
privilege expressly gra*ted. to the er*a"ti*E tt , e.rsociation Docurnents, all powers granted to
an association pursuant to c.R.S. $ 3s-33.3-302(1) (except as expressry otrrerwise provided in this
Declaratio,), and every oflrer right or rr*U*" tt"to""Uf, i*rpiila fi'oin the existence of any right
or privilege given to the Association under G Association Docur:rents or reasouably necessaty to
effect any sucrr right or privilege. Tire Association srrail perfon:r aII of the duties ad obligatio,s
expressly i*rposed upo, it by flre Association Docunrents, and every other duty or obligation iu:plied
by the express p-ri.iorm oitlr, Association Documeut, or rr"."""'y to reasonably satisfy any such
duty or obligation.
a
ilHill lilllillil llll llllll illlllxlll_lll lilll!il llll
biglJf oillaiissz sq,we 81447 Pe02 l'l RLSDoRF
is-"i ar R 4oG.os D 0.oo GRRFIELD couNTY c0
Section 4.9 Association Meetings. Meetings ofthe Association shali be held at least oDce
eachyeat. Special lreetings of th" Arrociation ,ray bZ called by the Presiderrt, by a majority of the
Executive Board or by Owlers liavir:g ten percent (lO%\ of the votes in the Association' Not ]ess
tha1 ten (10) nor more tha:r fif1y (50) days ir: advance of any meeting, the Secretary of other officer
specified in tlie Bylaws of the Association slrall cause notic. to be hand delivered or sent prepaid by
United States nrail to the mail.ing address of each Owner or to any other nrailir:g address designated
in writirrg by the Owner. Tlr, ,o"ti". of *y n:eetirig must state the tinre andplaceof the meeting a:rd
the items on flre agenda, ilcluding the general ,rut * of any proposed anrendment to this DeclaratioD
or the Bylaws, any budget changes and any proposal to rernove an officer or member of the
Executive Board.
Section 4.10 Association Standard of Care. The duty of care which the Association owes
to fl:e Owners is that of a landowner to a licensee, notwithstanding the interest which the Owners
liold in the Common Area through their membership in the Association'
Section 4.l l Security. The Association may, but shall not be obligated to, maintain or
,upport "ri"Iir, ""iiririffi the propertv a91_err"a io rnake the Property safer than it otherwise
might be. NEITHER TIIE ASSO'CtlrioN-, DECLARANT, NOR AI'ty succESSOR
DECLARANT SH.ALL IN A}IY WAY BE CONSIDERED INSURERS OR GUARA}ITORS OF
SECURITY WITHIN THE PROPBNTV. .NEITHER Ti{E ASSOCIATION' THEDECLARA}IT'
NoR All-y SUCCESSoR DECLARAI.IT SHALL BE IIELD LIABLB FoR llw-*!:Ss oR
DAMAGE FOR FAILURE TO PROVIDE eOpQuare sE-cfJRITY OR FOR THE
INEFFECTIVENESS oF A}IY SECURTTY MEASUREbI'DERTAI(EN. ALL OIVNERS AT.ID
OCCUPA].ITS OF A}N' LOT, A}'ID AT.T TBNANTS, GUESTS, 4]{D INVTTEES OF AI'TY
OWNER, ACKNoWLEDCBitrer TIIE ASSoCtarioN, .{1'{D ITS g><eCUfIVE BOARD'
DECLARA}IT AND ANY SUCCESSOR DECLARANI, DO NOT REPRBSENT OR WARRAI\M
THAT ANY FIRE PROTECTION SYSTEM, BURCLAN ALARM SYSTEM, OR OTTIER
SECURITY SYSTEM DESIGNATED BY OR INSTALLED ACCORDING TO TIM DJSIGN
GUIDELINES ESTABLISHED BY THE PPSIAR./{]\IT MAY NOT BE COMPROMISED OR
CIRCIJIvTvENTED; NoR THAT ANY FIRE pnoincrroN sYSTEM' BURGLAR ALARM
SYSTEM, OR OTHER SECURITY SYSTEM DESIGNATED BY OR INSTAILED
ACCORDING TO THE DESIGN GUIDELINES B TESLTSHED BY THE DECLARA}IT MAY
NOTBE COMPROMISED oR CiRCuMVeNrBp; NORTHAT ANv FIREP1OTSCTION OR
BuRGLARALARM sysrEMS oRorlIER sBcilturv SYSTEMS WTLLPREVENTLOSS BY
;ffi;Trraog, BURGLARY, THEFT, HoLD-uP, oR oTHERwrsE; NoR THAT Fg'E
PRoTECTION OR BURGLARAIARM SYSTEIVIS OR OTrmR 9PSIXITY SYSTBMS WILL
IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM
IS DESIGNED ORINTENDED. ALL OWNERS AND OCCUPANTS OF ANIT LOT A}ID ALL
TENANTS, GUESTS, AND iNVITEES OF ANY OWNER, ASSUME ALL zuSKS FOR LOSS
OR DA}{AGE TO PERSONS, TO LOTS, TO RESIDENTIAL DWELLINGS A}'ID TO TIIE
coNTENTS oF RESTDBNTTeL owELLINGs .qriD ruRrHER AcKNOWLEDGE THAT THE
ASS0CTATIoN, ITS EXECUTiVE BoARD, CouutrrEEs, -DECLARAIIT
oR A]lnr
succEs s oR DECLARANT HAVE MADE No nepnrsBr'nATloNs oR WARMNTIES' NoR
Declarati.on qf Protectit e Covenants
RoseRanch P.U.D-, Phase I
lj-Sep-99 9
LUJ U I t[l,l!!) !, !!
I il !U' [! llf
',r,uL|
ffi u'lll!
I
Z?,"ii'af i-iao-.o6
-o o-'ss GRRFIELD couNTY c0
HAS ANY OWNER, OCCUPANT, OR ANY TENANT, GUEST OR INVITEE OF ANY OWNER
RELIED UPoN ANy REPRESENTATIONS OR WAIiRANTIES, EXPRESSED OR IMPLIED,
INCLUDiNG ANY WARN,ANTV OT MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PIJRPOSE, RELATTVE TO ANY FIRE AND/OR BURGLAR ALARM^SYJTEMS
OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY
MEASURES I.INDERTAKEN WITHIN THE PROPERTY.
Section 4.12 power to provide Services to Subassociation.s. To the fuUest extent pem:itted
bytheAct, theAssociatiorrrryEblirl,.rburro"i"Tii*-M-topr&ide services to subassociatioru'
Such services to any su6associati-on shall be provided pursuant to ar: agteement iD writing between
the Association and such subassociations which shall provide for the payment. by such
subassociatiou to the Association of the reasonably estin:ated expenses wirich flre Association will
incur in providing such serrrices to the subassociation, including a jarr share of the overhead
expenses of the Lssociation. In lieu of collecting the expenses for such services from the
subassociation, the Association shall have the right to-collect them directly from the Members of the
subassociation in monthly installments as part of the monthly coulmon assessments'
permitted by the Act, the Associ"tioo *u@ember or grouP ofMembers' Any
service or seryices to a Mem.b", o, groui of Mernbers shall be provided q-"tuTt to an agreement
in writing, or through one or mor" Suppiernentall)eclarations, which shall provide for paYrnent to
the Associatiou by such Member or grouP of Members of a coSts and expenses which the
Association estimates it will incur in proiiding such services, including a flil.share of the overhead '
expenses of the Association, and shali containirovisions assuring that the obligation to pay for such
services shall be binding upon any heirs, personal represe'lrtatives, successors and assigns of the
Member or group of Members, and that the payment ti, t""ft seryices shall be Secured by a lien on
the Lot or Lots of the Member oI gloup of Members and may be collected il the same manner as
assessments or otherwise.
section 4.l4 Domestic water. water shall be supplied to. each ":t
o, a central *?l"l
system whieh shall be owned, operated and maintained by tt e Association. The water so supplied
shall be used for dornestic in-house use only. All water use shall be metered by water melers or
other measuring devices approved by flre ,{ssociatio+' The Association shall be.resp:::i-b-Yr11
setting ali rates, fees or cirarges for the provision through ihe water system of domestic water seruce
to the Lot, a,d each Owner shall pay to the Association the rates, f""' o' charges applicable-!9 hit
respective Lot. The obligation of Owlers to pay theAssociation for such water service shall be a
personal obligatio, of tUJ Owner which tlre Associatisrr shall have the power and duty to enforoe'
Additional rules ald regulations concerniug the use, operation, and limitatiou of the water system
a,d t5e water supply thereby nray be promrilgated by tie Association and, if so promulgated' shall
be binding uponeach Ur:it Owner
Sectio* 4.15 lrigation Water. Nonpotable inigation water sirail be supplied to each Lot
by a ce*tral irrigatiol systern which sirall be owned, operated and maintained by the Association'
D rclaration of Protective Covena nts
Rose Ranch P.U.D., Plnse I
1j-Sep-99 t0
lrHilt Hil ilil[ ilil illill illlll llffi lll lllllll ll llll
623133 O3/18/2OO3 O4:O7P 87447 P904 l'l RLSDORF
2t ol 81 R 406.OO D 0.00 GRRFIELD COUNTY C0
The nolpotable water so supplied shall be used solely for tire inigatio:i of grass, sh:'ubs trees and
oflrer foiiage located upon the Property as penlittei Uy tt,,t Associatiorl and lirnited ur:der this
Declaration apd flre PIat. The Association shall be respoisible for setting all rates, fees or charges
for the provisiol of in-igation water through the irrigation systent and. such rates, fees or clra-ges
assessed by the Association against eacli Lot receiviniinigatitn water-shall be apersonal obligation
of the Owner tliereof which tl:e Association shall fra:ve U[ l]ower and duty to enforce' Additional
rules and regulations concenringtlre use, operatio:r arid limiiation of tlie water system and the water
supply therJby n:ay be pronrulgir"Juv ui issociation and, if so promulgated, shall be binding upon
each Lot Owner.
ARTICLE V
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION
Section 5.1 Association Rules. From time to time and subject to the provisions of the
Association Do"urr",rtf,G E E"rrtir"Board may adopt, amend, repeal, suspend and publish rules
and regulatiotts, to be known as the "Association dules,;'goveming, among other things and wiflrout
limitation:
(i) The use of the common Area, including a1y lcreatign-al facilities
vhich may be constructed on such property, the personal conduct of the Members and their guests'
and the establishment of penalties, inctuiirrg, witnout limitation, the imposition of fines' for the
infraction of such Association Rules;
(ii)The use of any private Roads; and
(iiii) The rights of a Member, including, but not limited to, the voting rights
I *Ipi"i"ii"-*fii.-r, such Mernber is in deiault on payment of any Assessment
r : ^-f---^+:^o
levied by the Association, as provided in Articie )C. Such rights also d"y b: suspended after notice
:-L^J A ^-^^iatianil;"i#; f*;p"#;;i;;;;;"1;i""ry tqol days forLinfraction 3rnuttilfli1;:1"i:-:::fii,,"fi;f.; ;f,"#;J,r", rr'"rrg"*s, i" *r"Ln case the rights mav be suspended drrring the
period of the infraction and for up to ninety (90) days thereafter.
Acopy oftheAssociationRules ineffectwillbedistributedto eachMember and any change
in the Association Rules wili be distributed to each Member within a rqasonable time following the
effective date of the chauge.
. Section 5.2 Implied Riehts. The Executive Board rnay exercise for the Associatiou all
powers, duties, ar.a ",ffiriffirt.d iu o, delegated to the Association, and not reserved to the
Members or Deciarant by oiher provisions of Uris Declaration or the futicles or Bylaws of the
Association or as provided bY law.
ARTICLE \/I
D eclaratiott of P ro kctiv e Cor enanls
RoseRarch P.U.D., Phase l
l3-Sep-99 i1
I llilll lllll llllll llll llllll lIIl!!ulllll IIIIIII llll
623133 @31 t8/2OO3 O4 tOlP
22 of 81 R 406 .o@ D o 'so
siqtz P9o5 n ALSDoRF
GBRFIELD COUNTY CO
PROPERTY RIGI{TS
Section 6.1 Conunon A.r'ea. Every Owner shall have anghtald nonexclusive easenrent
of use, access, ald enjoynrent in and to the Conu:ron Area, subject to:
(i) This Declaration, tlie Plal and ar:y other applicable covenarts;
(ii) A:ry restriction.s or lin:italions contair:ed in any deed conveying such
property to the Associatiorr;
(iii) The right of the ExecutiveBoard to adopt rules regulating the use and
enjoyment of the Con:mon Area, including rules limiting the number of guests who may use the
Cornmon Area;
(iv) The right of tle Executive Board to suspend the right of an Owner to
use facilities within the Common Area (A) for any period during which any charge or Assessment
against such Owner's Lot remails delinquent, and (B) for a period not to exceed ninety (90) days
for a single violation or for a longer period ir, th" case of any continuing violation of the Declaration,
any applicable Supplemental Declaration, the Bylaws orAssociation Rules;
(v) The right of the Executive Board to impose reasonable mernbership
requirements and charge reasonable membership, admission, use or other fees for the use cif any
facility situated upon the Common Area;
situaredonthec"**"q'L""8"#:lx:ffi ft:T3ff",",:"i:i?ffii:ri':::;1fff;J[i"'
(vii) The right and obligations ofthe Declarant and the Association, acting
tluough its Executive Board, to restrict, regulate or limit Owners' and occupants' use of the
Cornrnon Area for enviror:mental preservation purposes, including, without limitation, wildlife
corridors, winter wildlife ranges and natural wildlife habitat; and
(viii) Aay gover:rmeutal or quasi-govenrmental mles, regulations or statrtes.
Any Owner may extend his or her right to use aud enjoyment to the members of his or her
fau;rily, Iessees, and social ilvitees, as applicable, subject to reasonable regulation by the Executive
Board. An Owner who leases iris or her resideptial dwellirig shall be deemed to assigu all such rights
to the lessee of such dwelling.
Section 6.2 Expansion. Frorn tigre to tinre, Declarant may, but slr.all not be obligated to,
expand the Cou:nron Area by written inshument rccorded witli flre Clerk and Recorder of Garfield
County, Colorado, all as more fully set forth in Article XV below.
Declarati.on of Protectitte Coven.a.nts
Rose Ronch P.U.D., Phase l
I i-Sep-99 t2
I llllll illll llllll llll lllu-ll!l!!utultllltll"[ll
623133 gl3/ 78 llooj' fi:ia;F-tl[=4f Fsos t'l RLSDoRF
i's""i-ai-i-isa-.ss 6'o'ss Lnnrrruo couNrY c0
Sectiori 6.3 Maintenarce. The Association slrall niaintain a:rd lceep tlre Conm:on AIea
in good repair, and the cost of such mai,tenance shall be funded as provided in l':1icle XI' subject
to any insurarce tlier: in effect. This nraintenalrce shall include, butihallnot be lirnited to' upkeep'
repair aid replacement of all Roads, la:r.dscq:ing, walls, gates, signage, donl-estic water systetns'
in'igation syste:ls, sidewallcs, driveways a'd improvements, if arrylwJ:ich shall includir:g' witltout
Iimitation, snow removal services), located in tlre Conuron A:'ea.
-In
the event tlre Association does
not maintair: or repair the Conrnron Area, Declarant slrall have the right, but not tlre obligation' to
do so at flre expense of the Association
I
Section 6.4 No Dedication to the Public. Nofliing in this Declaration or the otler
Association Docunents will b. "orr.rt*"d
," , dedication to p-}Utic use, 9r a grant.to-anypublic
rnulicipal or quasi-,ruricipal authority or utility, o, ,r, u"o*ption of responsibility for the
maintenance gf any Common Areaby srich autiroriiy or utility, absent aII exPress written agreenrent
to that effect.
Section 6.5 private Amenities. Access to antl use of the Private Amenities is strictly
subject to the rules and procedures of the respective owners of the Private Amenities' and no Person
gains any right to entei or to use those fr"itlti", by virtue of membership in the Association or
ownership or occupancY of a Lot.
ALL PERSONS, INCLUDING AIL O'WNERS, ARE IIEREBY_4PVISED IHAI^Ig
RIpRESENTATIoNS dR WARRAI.ITES, EITIIERwilTTeN oR oRAL, HAvE BEEN MADE
. OR ARE MADE BY DECLARA]'IT OR ANIY OTHER PERSON WITH REGARD TO TTIE
NATIIRE oR sIzE oF IMPRovEMENTS To, oR rHE coNrN'rnqc owNERSHIP oR
OPERATION OF, TIIE PRIVATE AMEMTIBS. NO PURPORTED REPRESENTATION OR
\ TARRAN:ry, wRITTEN oR oRAL, IN REGARD ro ing PRrvATE AI'IENITIES SHALL
EVER BE EFFECTIVE WITHOUT EN ETVTET'PMENT HERETO EXECUTBD OR JOINED
INTO BY DECLARA}iT
The ownership, usage of, or operational duties of and as to the Private Amenities may change
at any time and from time to time by virtue of, but without lirnitation, (i) the sale to or assumption
of operations by an independent entity, 1il1 "o.rr"rsionof
the membership sbucture to an "equity"
club or sirnilar arrangement whereby the members of a Private Amenity or an entity owned or
controiied thereby become the owner(s) and/or operator(s) of |re Private Amenity' (iii) the
couveyance of a private Arnenity to one o" *or" affiliate3, shaieholders, employees, or indepeudent
contractors of Declarant, or (iv) the change in use of any Private Amenity (including, but not linrited
to, play rights with respect to any golf or-teu[is club)' No consent of tire Association or auy Owner
stratt Ue required to effectuate such a tralsfer or cogversion'
Rights to use the Private Anrenities will be granted ouly to such-Persons' and on such tenus
and conditions, as rnay be detennilred by their respective o*rr",'' such owners of the Private
Anrenities shail have tire r-iglit, from tiureio time initieir sole and absolute discretion and without
Declaratiort of P rolective Covenants
Rose Ranclt P.U.D-, Phase l
li-Sep-99 13
a
ilIilil tEill tilililil Hllll illlulllilu!|[|ul Lllloriils wtlatisoz @4$7P 81441 P907 I'l ALSDoRF
zi-;i El R 406.o@ D 0.00 GRRFIELD couNTY c0
notice, to anrend or waive tlie tenrs and conditions of use of tlieir respective Private A:nenities arld
to tennitrate use rights altogetlrer.
ARTICLE VTI
IVIECHANIC'S LIENS
Section 7.1 No Liability. if any Owner shall cause any matedalJo b9 fumished to his Lot
or any labor to U, p.rforr*,a tt rrein or thereon, no Owner or ally o0rer Lot shall under any
circumstar:ces be liable for the payment of ar:y expense incurred or fbr the value of any work done
or n:aterial furnished. AII such work sliall Ue at ttre expense of the Ow:er causing it to be done, ard
such Owner shall be solely responsible to contractors, laborers, materialmen and other Persons
furnishing labor or materiais to his or her Lot. Nothing herein contained shall aufl:oiz'eany Ou}er
or any person dealirig through, witli or under any Owr:er to charge the Cornmon Area or auy Iot
oflier than the Lot of such Owner with any mechanic's lien or other lien or encumbrance whatsoever'
On flre contr'ary (and notice is hereby given) the right and power to charge any lien or encumbrance
of any kind against the Common Area or agailst iny Owuer or any Owner's Lot for work done or
materials furnished to any other Owner's Lot is hereby expressly denied'
Section 7.2 Indemnification. If, because of any act or omission of arry Owner, any
mechanic's or other iien or order for the payment of money tt 'tt Ut filed against the Common Area
or against any other Owner's Lot or *y i)*o", or the Association (whether or not such lien or order
is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or
order shall at his own cost and expense cause the same to be canceled and discharged of record or
bonded by a surety company reasolably acceptable to the Association, or to such other OWner or
Owners, within twenty (20) days after ttre aate offiling thereof, and further shalf indemniff and save
a1l the other Owners *a tfr" issociation harmless from and against any and all costs, expenses,
claims, losses or damages ilcluding, without limitation, reasonable attorneys' fees' resulting
therefrom.
Sectiol 7,3 Association Action. Labor performed or material f,rrnished for th9 Comlo-1
Alea, if duly authorized by the Association in accordance with the Declaration or ttre !fia1s', sftt
be deemed to be perfo*r"a or furnished with the express consent of each Owner and shall be the
basis for the fiIing of a lien pursuant to t"* "gArui th, Co,o''on Alea' Any such lien shall be
limited to the Coinmon Area agd no lien may be effected agailst an individual Lot or Lots'
ARTICLE \rlil
PROPERTY RIGHTS OF OWNERS
AND RESERVATIONS BY DECLARANT
section 8.1 owner's Easement of Eqjovnrent. Erery owner has a-right and e31e1en!,3f
enjoygrent i1 and to the Comrnon ar=r, Vfri"t ,h"it tr. appurtlnant to and shall pass with tiie title
to every Lot. Cerlain third persons also inay have access to the Conu::on Ar-ea as set forth in the
D eclaratiott of Protectit,e Cottenantts
Rose Rarrch P.U.D., Pltase l
)3-Sep-99 l4
ilHlll illll illll! illl illlll nilH illll lll lllllll ll llil
523133 O3/L8/2OO3 O4zolP 81441 P908 l'l RLSDORF
25 of El R 406.@o D 0.00 GHRFIELD COUNTY C0
Associatiorr Rules. Every Owner shall have a light of access to arrd fi'oni his Lot. No Owner shall
hinder nor per:lit liis gueit to hinder reasonable u.""r, by any otlrer Owuer and his guest to tlie Lots
and palking areas.
Sectiop 8.2 Recorded Easenrents. TheProperty shall be subjectto all easen:ents, licenses,
covenants, and restrictio:rs as s[own on *y recorded plat affecting the Property and to any othsr
easements of record or of use as of the date of ilecord-ation of this Declardtion, including without
Iinritatiorr fltose set fort} within Exhibit D herqto. In addition, flre Properly is subject to flrose
easernents set fortl2 in this A:ticle VIII. I
Section 8.3 Declarant' for itself and it1
srtccessors and assigns, hereby reserves an easeruent for constrrrction, utilities, drainage, ingress and
egress over, in, opon, ulder
"rrd
u"ror, flre Common Alea, together with the right to store materials
oo tt" Common Area, to build and rnaintain ternporarywalls, and to nrake such otl:er dse of the
Common Area as may be reasonably necessary or incident to any constnrction of improvements on
the?roperty, or otherreal properfy owned by ieclarant, or other properties |.b"{ng and contiguous
to flie iroperry; provided, however, that no such rights shall be exercised by Declgant in a way
which o*L"rorrrUly interferes with the occupan"y, *", enjoyment, or access to the Common fuea
by tire Owners.
Section 8.4 Utilitv Easements. There are hereby reseryed unto Declaraat (so long as the
Declarant ovyns *y of tfr"ffi"rtyl, t4" Golf Course, thi Association, and the designees of each
(which may incluie, without'timiiation, Garfield County, Colorado and anl utility company)
easements upon, across, over and under "il of tlr" Lots, with the exception of the building envelope,
to the extent reasonably necessary for the purpose of installing, replacirig, rep{ing, and maintaining
cable television syst#s, mastei teievisitn antenna systemi, security and similar systems, roads,
walkways, bicycll pathways, lakes, ponds, vuetlands, drainage systems, irrigation systems, street
1ig5ts, rignug", ana aUutitiiies, including, butnot limitedto, water, sewers, meterboxes, telephone,
gis and "t"&;"ity. . The foregoing easements may traverse the private Properly of any Own-er;
trovided., howevir, an easemlnt 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
Uuilding envelope as shown on the Plat, a1d any damage to aLot resulting fi'om the exercise of an
easernent shall be reasonably repaired by, and at the expense of, the Person exercising the easement'
The exercise of an easer:lent shall not unreasonably interfere with the use of any Lot and, except in
any emergency, entry outo any Lot shall be made only after reasonable notice to the Owner or
occupant.
Declaralt specifically reserves flre right to convey to tire local water supplier, sewer
authority, electric *rrrp.rry, iratural gas supplier and cable television or comrnur:'ications systems
supplier ald aly otUer uiitity supptier aL easement across the Property for ingress, egress,
ilstatlation, reading, replacing repairing and maintaining utility n:eters and boxes. However, the
exercise of this easement shall 11ot exteni to penlitting
"nt
y into the dwelling on the Lot, nor shall
Declaratiott of P ro tectfu e Cov en an.ls
Rose Ranch P.U.D., Phose l
li-Sep-99 15
llHlll lflll lillll llll llllll!l!!!! lIIl! lll ulllllll ffil
bisiil ?,5 fia'iioog' 6i;olP-81447 Feos n BLSDoRF
e6-ii-ai-h-+oo .ss o o-oo GRRFIELD couNTY c0
any utilities be installed or relocated or: tlie Ploperty, except as approved by the Executive Board or
Declarant.
Should aly er:tity fui:rishi:ig a service covered by the general easement herein provided
request aspecific easerler:tby separaterecordable docu:rent, the ExecutiveBoard or Declara:rt sJrall
have tlie right to grant such specii:c, descriptive easenrentover tlre Property witbout couflicyeliUr.
fte tenns hereof. Tl:e easen:ents provid"a tr in this Article shall in no way adversely a{fect uty
other recorded easernent on the Property. The Owler of a Lot subject to such easement shall
cooperate wiflr Declarant ald tlie Executive Board ar:d take all actions, including, without limitation'
executing any documents evidencing such descriptive easen:ent as reasonably requested bV t|:e
Executivi Board or Declarant. In flre event ,i O*ner fails to coopelate in such matter the
Association or Declarant may, pursuant to Section 8.14 below, exercise its power to act as that
Owner's attomey-in-fact to'execute any necessary docunrentation on behalf of such Owner'
The Executive Board shall have the power to dedicate
Garfield County, Colorado, the Special District or to any other
or quasi-governmental entity.
Sectiong.5 SupportEasement. Eachlotissubjectto ablanketeasementforsupport and
abtanket easement for Uilrirrt*e of the structures or improvernents presentiy situated, or to
be built in the future, on the Lots.
Section 8.6 Rqad Easement. The Lots may have common Roads and/or driveways upon
certain Lots serving **Jtt *O* Lot, and there is granted hereby a non-exclusive easement to the
Owners of Lots seiwea by any sqch Road or driveway for ingress and egre-ss purPoses "y-"I Td
across those portions of such Lots which are used as a Road oi dti'"*ty' No Owner shall hinder
nor permit hi-s guest to hinder reasonable access by any.other-Our:rer-and-his.guest to the Lots'
Section 8.7 Reservation for Expansion. Declarant hereby reserves for itself and the
Association and/or fo, O**r, in utf f"t*"ffir"*f TheRose Ranch an easement and right-of-way
over, upou and. across the Property for construction, utilities, drainage, and ingress and egress from
the Golf Course, and otherprtpelties abutting and contiguous to the.Property and the Golf Course'
and for use of the Common Area as may be rEasonabiy necessary or incident to the constrrction o-f
improvements on the Lots or other iruprovements on tlrt Property * tlr: Golf Course; provided'
however, that 1o such rights shall be exercised by Declarant in a way wirich unreasonably interferes
with the occupancy, use, enjoynent, or access to tUe Cornrnon Areas by the Owners' The location
of flrese easemeut-s ana rights-of-way may be made certain by Declarant or flre Association by
iustrunrents recorded in tfrl office of ilie Clerk and Recorder, Garfield Courty, Colorado'
Section g.g Enrersencv Access Easenrent. A general ed"sement is hereby granted to all
police, sheiiff, fo. prot".ti*, *rbrtrr*, "na
otirersirnilar emergency agencies orpersons to enter
upori the Properfy in the proper perfonnance of their duties.
portions of the Common Area to
local, state or federal govenrment
Declaration of Pro lective Covettan ts
Rose Ranch P.|J.D., Phase l
I j-Sep-99 16
rLrfl !J r[llt I [Iu r
,!I ! uLtr [!!]ll-l{IlL!ilil[[F! I
li-Zl-al- ir-q06. oo o o.00 GRRFIELD couNTY c0
or and P lood Waler. DeclaraltSection 8.9
designee sSall have an access easenrent over and jacross any of the Property abuttir:g or containing
any lortion of any of the lakes, ponds, streams, or wetlands to the extent reasonably necessary to
exercise their rights under this Section.
There is further reserved herein for fl:e benefit of Declarant, the Association' and their
designees, a perpeil;i; ;;;;-;ilive right and easement of access and encroachment over the
Common Area and Lots (but not the awftiings thereon)adjacent to or wiflrin one hundred feet of
lake beds, ponds and streams within the Prop-erty, in order 1o (i) temporarily-flood and back water
upon and-maintain water over such portions of th-e Property; 1ii1 nt1 dr1n, dredge, deepel' clean'
fertilize, dye and generally maintairi the lakes, ponds, ,h""*t, and wetlands lithin the Common
Area; (iii) maintain and landscape the slopes, bantcs andsurrounding areas pertaining to such lakes'
ponds, streams, and wetlands; (iv) construct, maintain, operate, repair, and replacewater lines' water
storage tanks, water house facilities and other improvements necessary or oonvenient for the
installation and operation of the Association's water system; and (v) enter upon and across such
portions of the P;d;rty i; rt , prrtpose of exercisingits rights under this Section' All Personq
entitled to exercise these easements shall use reasonable cari in, and repair any damage resulting
from the intentional exercise of such easements. Nothing herein shall be constnred to make
Declarant or any other Pprson liable for damage resulting from flooding due to heavy rainfall' or
other. natural disasters
Section 8.i0 Easements for Encroachments. To the exte[t that any improvenrent
consfiucted withi* the commoo Ar""Gffig *ithout limitation, auy portion of the Roads)
;;;r;h;r .;;t Lot, either cuuently existing or as a result of any addition or improvement
pursuant to this Declaratiol, a valid easJment for such Lot, either cui'rently existing or as a result of
any addition or improvementpursuantto flris Declaration, avalid easernent for such encroachme':rts
and for the rnaintegance of same, to forU ut ihey exist, shall and does exist' In the event any such
improvement is partially or totally deltroyed, and then rebuilt, the Owners agree that nrinor
elcroachrneuts of parts of such rebuiit imprtv"rnents shall be pemritted *9 t\at a valid easement
for said encroachment and the maintenance thereof shall exisi so long as the improverneuts shall
stand.
S ection 8. 1 I General Mailrtenance Easement. An easement is hereby reserved to Declarant,
a'd gragted to the Association,
"rrd ^nfiffi*f flre Executive Board or the Managgr, ar:d their
respective officers, agents, employees, a1d assigns, uPol1 across, over, in, and Under the PrOperty
and a right to rnake srich use ofUr" Property as rnay benecessary or appropriate to make ernergency
reserves for itself a:rd its successorr, "r.igrr*rla a"tiguees the rionexclusive right and easetnent, but
not the obligation, to enter upon the lakei ponds, strea:rrs and wetlarrds located wjthin tl:eConurotl
A:'ea to (i) install, keep, maintain, ard ,'"pl^", pumPs in order to provide watgr for ltre.lfealion ,o,f;;;;f ,l ;'C;;;;;;;ilr c;iiCo,,rr", (ii) corrst.ct, ntaintain, a,d repair arrvbulkhead,*{l:
r - - l .C..IfIl;;ir;;;;il;;;;;;;r,u;i% ano 6il) removetrash a,d other debris,the*l':* 'lo*ll,'];;ffi;ii;* * pr"uaea i, tuis Section. Declarant, the Association, and lJreir
-:-:-- ^
Declaratio tt of Protectitte Cot'en.a.nls
Rose Ranch P.U.D., Plwse l
l3-Sep-99 t7
iltilll Hlll Hll[ ]ll Hllll Hllil lllIl lll illlil ll llll
623133
28 oi
g3/18/2OO3 @4:O7P 87447 Pgtl I'l RLSD0RF
61 R 406.OO O 0.00 GRRFIELD C0UNW C0
repairs or to perfonl tlre duties and functions which the Association is obligated or pennitted to
perforn pursuarrt to tlie Association Documents or to protect tlie Association's property-
Section 8.lZ Blarrket Easerrent. Declarant her:eby reserves to itself, its successors and
assigns, and grants to tlr.,trr*irtior, u Utarrlcet easement upon, across, over and ur:der the Property,
witlr the exception of buildi:rg envelopes, for the instalJation, replacement, repair and maintena:ce
of drair:age, ditch, utility a::d other service lines and systems, ir:cluding but not limited to, water,
sewer, gas, telephone, televisiou, cable or comrunication and electric lir:es and systenrs and
drainage slructures and, further, for tlie purpose of cuts and fills and/or retaining walls adjacent to
the Roads as are necessary or desirable for the proper constructiorl use and maintenance of the
Roads. Declarant, its successors and assigns, fui{rer reserves ttre right, but not flre obligation, and
grants to the Association the right, but not the obligation, to record a document speciffing the
boundaries of sucl: easements at any time after such ufility lines, roadway cuts and fills and/or
retaining walls, ped.estrian trails or other inrprovements deslribed above have been constructed.
Section 8.i3 Declarant'sRiehtto Excess Capacity. To themaximurn extentpermitted by
the Act, Declarant, during the period of Declarant control and for a period of 20 years thereafter,
reseryes the right to use "*""rr tapacity of the water system, waterrights, waterways, wells, p9l9s,
springs and all pulnps, pipelines, diiches, tanks, measuring devices, meters or other facilities
associated therewith ipctuaing any facilities necessary for the exercise of any existing or
subsequently decreed water rights or augmentation plan together with easements associated
therewith for the constuction, erection, *"irrt"o*ce, operation, use, expansion, repair and
replacement of the water rights and/or facilities, and to add to such water system or water righ*, to
amend or change any water court decree, or to substitute the water source or amount of water in any
water right as may bL subsequently decreed by appropriate action in the water court or with the State
Engineer's Office.
Section 8.14 Association as Attorney-in-Fact. Each Owner, by his acceptance of a deed
or other conveyance vesting in him an interest in a Lot, does irrevocably constitute and appointthe
Association and-/or Declarant with full power of substitution in the Owner's narne, place and stead
to deal with Owner's interest in order to effectuate the righ* reierved by Declarant or granted to the
Association, as applicable, with full power, right and authorization to execute and deliver any
instnrment affecting the interest of the bwner and to take any other action which the Association or
Declarant m"y "or.iider
necessary or advisable to give effect to the provisions of this Section and
this Declaration generaily. If requested to do so by the Association or Declarant, each Owner shall
execute agd deliver a written, acknowledged inshurneut confirming sucir appointment. No Owner
shall irave any rights against tire Associa[ion or Deciaraut or any of their officers or Directors witll
respect thereto except in the case of fraud or gross negligence.
Sectiol 8.15 Deleeation of Use. Any Owner uray delegate his right of enjoyment to the
Conrmog Alea to the mernbers of his family, iris tenants, guests, Iicensees, aird invitees, but only in
accordance witir and subject to flre lirnitations of the Association Documents.
Declaration of Protective C,ovenan.ts
Rose Ranch P.U.D., Phase l
I j-Sep-99 18
ilililt tllil Mll! llll illlll llllil lllll lll lllllH ll lill
623133 O3/78/2@O3 04:O1P 87441 P912 t'l RLSDORF
29 of 81 R 406.@g D 9.00 GRRFIELD C0UNTY C0
Section 8.16 Declara:lt's fught of Assignnient. Declarant resen/es the riglrt to assign any
or all of its :'iglrts, obligations or interests as Declara:rt by recording ar: assigmtent or deed of record
executed by both Declarant aud the trarsferee or assignee in the Office of the Clerk and Recorder
of Garfield County, Colorado, designating such pa:ty as a Successor Declara:tt. Upon such
recording, Declarart's rights ar:d obligatior:s under this Declaratior: shall cease aid terminate to the
extent provided ir: such document.
Section 8.17 Easements forPrivateAmenitvActivities. ThePrivatefunenities and their
nrembers (regardless of wheflrer such members are Owners hereur:der), flreir guests, iuvitees, and
the employees, ageuts, contractors, and designees of the Private Arnenities shall at all times have a
riglrl and non-exclusive easement of access and use over all roadways located within the Property
reasor:ably necessary to travel fror:r/to the entrance to the Property and from/to the Private
Amenity(ies). Without limiting the generality of the foregoing, members of the Private Amenities
and permitted men:bers of the public shall have the right to park their vehicles on the roadways
located within the Property at ieasonable tirnes before, during aud after functions held bylat the
Private Amenities, which may include, without limitation, golf tounraments.
Section 8.18 Declarant's Risht to Conduct Business. Declarant, during the period of
Declarant control of the Executive Board and for a period of 20 years thereafter, reserves the right
to conduct certain activities which, notwithstanding any provision contained in this Declaration to '
the contrary, shall include the right to maintain " r"1", offi"", management office and other sudh
facilities as in the soie opinion of the Declarant may be reasonably required, convenient ornecessary
for the constnrctiorr, ,"1" and management of any Lots. Such facilities may inolude without
limitation a business office, storage area, conshrction yards, signs, model units, sales offices,
construction office, parking areas ,rra figfrtirg and.temporary parking structures for all prospective
purchasers ofLots.
Section 8.19 Declarant's Nght to Vacate and Re-Dedicate Roads. Declarant, during the
period of Declarant control of the Eiecutive Board and for aperiod of 20 years thereafter, reserv€s
ihe right to take on behalf of the Associatiou and each Owner, all actions necessary to cause the
roads, contained within flre Property and dedicated to the public under the Plat, to be vacated and
re-dedicated to the Association and Owners as private roadways for the exclusive use and e4joyment
of tlie Declarant, Owners and the Association. ln the event Declarant exercises its rights under this
resenration, the Association and each Owner shail be deemed to consent to:
the filing and prosecutionby Declarant of all petitions/applications required
to effect the vacation of such public roads pursuant to Colo. Rev. $ 43-2-303; and
ii the acceptance by Declarant of title to such public roads upon vacation upon
condition that Deciarant re-dedicate or convey such roads to tire Association and Owuers for use
coirsistent with this Section 8.19;
Declaration of Protective Covenants
Rose Ranclt P.U.D., Phase l
) 3-Sep-99 19
O
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56-ii-ai-a- qsa.ss o s'ss GRRFIELD couNTY c0
iii. the filing a:ld prosecution by Declarant, under tlie Garfield County
Subdivisiol a:rd Zol)lgRegulations, of all petitionslapplications for zonir:g or plat an:endtnent
wara::ted by tiie vacation a::d re-dedication of suclr putliic road.s to tlre Associalion aid Owuers'
pen:rjtted by the Act, Declarurrt, dGffip"riod of D..tr.',t control arid for aperiod of 20 years
thereafter, reserves the right to create iubasiociations or make the Associatiori subject to a master
association, or to merge or consolidate the Association with auother association of a similal nature
or same fonn or ownership, wheflrer such nrerger be into alrd with an existing Association or a
subsequeutly fonr:ed homeowners ass ociation'
ARTICLE IX
MAINTENANCE AND LANDSCAPING
Section 9.1 Maintenance and Landscaoing of Lots'
.
A. Subject to Article XVI, each'Owner shall be solely responsible.for all
landscaping; maintenance and repair of his Lot and of the exterior and interior of his residence'
iricluding all fixtures ;;;;*"ements and all utitity lines and equiprnent located therein or in' on
or upon his Lot and is required to maintain the loi and any imirovements located thereon in a
condition of good order and repair. No Owner shall unreasonably damage thc value of other Lots
such as by sh-oddy upkeep of such Owner's Lot or any sffuctures located on the Lot'
B. Owners shall be responsible for all maintenance and r,epairs of utility seryi-ce
lines, connections, facilities apd related' equipment providing service t9 suc\.pwner's Lot and the
residence and other buildings and improvements "orritr.o"t"d
ipon such Lot, with such responsibility
to begin at the point where a utility provider ceases responsibility for maintenance and repair for a
particular utility. The responsibility of an Owner for iepair ani maintenance shall include those
portions of said Owner's Lot, otherLots, unplattedtracts,platted open space, platted easements' and
streets and roads which are crossed Uy tu"i, a utility ,#i"" Iine or other improvement' All such
expenses and liabilities shall be bome solely by the owngr of such Lot, who shall have a perpetual
easement iu and to that part of the Property iying outside of such Owner's Lot for purpose.s-of
rnaintenance, repair ald inspectiol.. Each Owner shall use the utility sewice easement provided
herein in a reaso*abl" *"*r", *d shall prornptly restore the surface overlying such easements when
rnaintaining or repairing a utility service liue or other improvernent'
C. No Owner shall construct any structure or improventent or make or suffer any
structural or design "f.urrg" tirr"f"iilg a color scheme chalge), eitlier pennalent or temporary and
of any brpe or natrxe whatsoever to the exterior of his ti.id"o"" or constluct ariy addition or
inrprove*rent on his Lot without first obtaining flre prior written consent thereto fi'onr the Design
Review Board pursuant to Article XVI hereto'
Declaratiort of Prolectite Covenants
Rose Ranch P.U.D., Ph.ase l
I i-Sep-99 20
Section 9.2 Common l,.:'ea. The Association shall rriaintain tlie Comr::on fuea as set fot{l
in Section 6.3 above. Maintenarce of the Co::r:tron A:'eashall be perfontred at such tinte arid in such
a rnarurer as the Association sirall deten:rine.
Section 9.3 Roads.
The Association shall mailrtain ard keep tlre Roads in good repail, and theA.
costof such majntenauce shall be funded as provided in A:ticle XI. This n:aintenance shall include,
but shall notbe lirnited to, upkeep, repair arrd replacenreirtoftheRoads (which shall include, without
limitation, snow rernoval services). The Association's responsibility for Road rnaintenance under
this Section applies whether or not such Roads lie on aComrnon Atea, or some other area of the
Property. In the event tl:e Association does uot maintain or repair the Roads, Declaralrt shall have
the right, but not flre obligation, to do so at the expense of the Associatior:. The Association may
contract for these services with any public or private ertity.
B. If the Executive Board deems it advisable, the Associationmay, at any time,
'enter into a written agreement to dedicate or convey the Roads to either a metopolitan di.strict or to
Garfield County. In the event a dedication to Garfield County is made under this Section, the Roads
must meet all Garfield County road and trail plan standards applicable at the time of such dedication.
Garfield County SHALL HAVE NO OBLIGATION TO ACCEPT THE OWNERSHIP OF TI{E
ROADS OR THE RESPONSIBILITY TO MAINTAII{TI{E ROADS.
Section 9-4 Maintenance Contract. The Association or Executive Board may employ'or
contact for the services of a ttrira prrty to perform certain delegated Powers, functions, or duties of
the Association to maintain the Common Area. The employed individual or maintenance company
shaLl have the authority to make expenditures upon prior approval and direction of the Executive
Board. The Executive Board shall not be liable for any omission or improper exercise by the
employed third party of any duty, power, or function so delegated by written instnrment executed
by or on behalf of the Executive Board.
Section 9.5 Owner's Failure to Maintain or Repair. In the event that a Lot and the
improvernents thereupon are not properly maintained and repaired by an Owner, or in the event that
the irnprovements on the Lot are damaged or destroyed by an event of casualty and the Owner does
not take reasonable measures to diligently purcue and repair the reconstrrrction of the damaged or
d.estroyed improver:rents to substautialiy the sarue coudition in wiricir they existed prior to thi
damage or destruction, then the Association, after notice to flre Owner and with the approval of the
Executive Board., shall have the right to enter upon the Lot to perfonn such work as is reasonably
required to restore the lot and the buildings and other funprovements thereon to a condition of good
order and repair. All costs incurred by the Association in corinection with the restoration shall be
reimbursed to tire Association by the Owner of the Lot, upon dernand. All uru'eiurbursed costs shall
be a iien upon the Lot until reimbursement is made. The lien nray'be enforced in the same manner
as a lien for an unpaid assessment levied in accordance with Article XI of tlus Declaration.
Declaration of Pro tective Covenants
Rose Ranch P.U.D., Phase l
I 3-Sep-99 2t
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32 of El R 406.OO D 0.00 GRRFIELD COUNTY C0
Sectiol 9.6 Drainage Strtctules. All draitiage control structures located on tlle Propelty
sl:all be maintained by the Association in confonnance witll theprovisions set fonh witliirt tlie repott
drraf\ed by High Cour:uy Engineering, Inc., dated October t4,1gg} and tjtled MAINTENANCE
PLAN FOR ROSE RANCH,S BEST MA-I.IAGEMENT PMCTICES --BEST MANAGEMENT
PRACTICES -"WATER QUALITY & DRAINAGE STRUCTURES.
Sectiop 9.7 Parkland Maintenance. The Association shall, in the rnaintenance and care
o f all parks and other lands contained within the Property as Con:mon Areas, be subject to arld alide^
by the Best Management Practices set fbrth in ttie reports prepared by Envirorunental & Turf
SLTiCCS, ITTC. titlEd IHE ROSE RANCH INTEGRATED GOLF COURSE MANAGEMENT PLAN
@ated August 31, 1998) and MANAGEMENT PLAN AND RISK ASSESSMENT FOR THE
ROSE RANCH GOLF COIIRSE (Dated July 10, 1998).
Section 9.8 Maintenance of Reports. The Association shall maintain within its offices
copies of the reports identified agd ref"6c"d in Sections 9.6 and 9.7 above,which reports shall
remain available for inspection a:rd review by all Members, the Declarant and the County of
Garfield.
ARTICLE X
INSURANCE A}ID FIDELITY BONDS
Section 10. 1 General lnsurance Provisions. The Association shall maintain, to the extent
reasonably available:
(i) Property insurance on the Common Area for broad form covered
causes of loss; except ihat the toial amount of insurance must be not less than. the full insurable
replacement costs of the insured properfy less reasonable deductibles at the time the insurance is
purchased and at each renewal date, exclusive of land, excavations, foundations, paving areas,
landscaping and oflrer items nonnally excluded from property policies; and
(ii) Cor:glercial general liability insurance against claims and liabilities
arising in conlectio., *iU, the ownership, existence, use, or management of theComnron Area and
the Aisociatiol, in an afiroult deemed suffrcient in the judgment of the Executive Board, insuring
flre Executive Board, the Associatiol, the Manager, audtheii respective ernployees, agents, and all
persons acting as agents. Declarant shall be incluted as an additional insured in Declarant's capacity
as an Owner and Executive Board meurber. Tire Owners shall be included as additioual iusureds but
orily for clairns ald liabilities arisiug in corurection with the ownership, existence, use, or
management of the Conulon A,r'ea. Thelnsurance shall cover clairns of one or ulore insured parties
agaiust other iusured parties.
(iii) The Association may cal-ty such otiier and fuither insurance that the
Executive Board "onsiieis appropriate, including iusurance on Lots, or insurance covering the acts
Declarotio n of P ro tecti,e Covena nls
Rose Ranch P.U.D., Phase l
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33 of 81 R 406,00 D 0.00 CRRFIELD COUNTY C0
or oulissions of officers, directors, etnployees or agents of the Associatioti, or other insurattce that
the Associatio:t is not obligaled to carry to protect the Association or tlie Owtters'
Section 10.2 Ca:rcellatjon. if the insura:ce descrjbed in Sectior: 10.1 is not reasonably
available, or if any policy of sucli insurarce is canceled ornot renewed without a replacetnent policy
tl:erefor having been obtained, the Associbtion promptly shall cause notice of that fact to be ha:rd
delivered or sent prepaid by United States rnail tg all Owners.
I
.antto Section 10'1 n:ust,Section 10.3 Policy Pr:ovisions. Insurancepolicies carried pursu
to the extent available, provide that:
(i) Each Owner is ar: insured person under the policy with respect to
liability arising out of such Owner's membership in flreAssociation;
(ii) The insurer waives its rights to subrogation under flre policy against
any Owner or member of his household;
(iii) No act or omission by any Owner, unless acting within the scope of
such Owner's authoritlr on behalf of the Association, will void the policY or be a condition to
recovery under the policy; and
(lv) If, at the time of a loss under the policy, there is other insurance in the
name of an Own", "ouirirrg the same risk covered by the policy, the Association's policy provides
primary insurance.
Section 10.4 Insurance Proceeds. Any ioss covered by the property insurancepolicy
described in Section 10.1 must be adjusted with the Association, but the insurance proceeds for that
loss shall be payable to any insurance tmstee designated for that purposs? or otherwise to the
Associatiorr, ,nd not to any holder of a security interest. The insurance trustee or the Association
shall hold arry insurance proceeds in trust for the Owners and Mortgagees as their interests may
appear. Subjlct to the provisions of Section 10.7 below, the proceeds must be disfributed first for
Ur. repair or restoiation of the damaged property, and theAssociation, Owners and Mortgagees are
not erititled to receive payment of any portion of flre proceeds unless there is a surplus ofproceeds
after the dar:raged prop"rty has been compietely repiired or restored or the regime created by flris
D eclaration is terminated.
Section 10.5 Association Policies. Tire Association may adopt arrd establishwritten
nondiscrimilatory policies and procedures relating to the submittal of claims, respoNibility for
deductibles, and any other nratters of claims adjushneut. To the extent the Association setfles claitns
for darnages to real property, it sirall have flre auflrority to assess negligent Owners causing such loss
orbegefittilg froniiuitr repair or restoration all or any equitable portion of flre deductibles paid by
the Association.
D cclaration of P ro teclive Covenan.l.s
Rose Ranch P.U.D., Phase l
I j-Sep-99 23
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34 of 81 R 405.O0 D 0.00 GRRFIELD COUNTY C0
Section 10.6 Insurer Oblieatjon. To tlre extenl tl:e following is available, a:: it:sut'er that
has issued an insurance policy for the insura:rce described in Section 10.1 shall issue celtificates or
r:rernoranda of insurarce to the Association and, uport request, to ary Owner or Mortgagee. Utrless
odrerwiseprovided by statute, the insurer issuirigthe p'olicy may not cancel orrefuse to renew it uritil
tJrirly (30) days afler notice of the proposed cancellation or nomenewal has beert nrailed to flre
Association and to eaclr Ownel'ar:d Morlgagee to whom acetliftcate or memoraudun: of insurance
has been issued at their respective la.st-known a.ddresses.
Section 10.7 Repair and Replacement
A. A:ly portion of the Common Area for which insurar:ce is required under this
Article which is darnaged or destroyed must be repaired or replaced promptly by flre Association
unless:
(i) The regime created by thi.s Declaration
(ii) Repair or replacement would be illegal under any state or local statute
or ordinance governing health or safety;
(iii) Sixty-seven percent of theOwners vote not to rebuild, including the
vote of every Owner of a Lot or as'signed limited cornmon element that will not be rebuilt; or
(iv) Prior to the conveyance of any Lot to a person other than Declarant
the Mortgagee holding a deed of trust or mortgage on the damaged portion of the Common Area
rightfully demands all or a substantial part of the insurance proceeds.
B. The cost ofrepairorreplacement in excess ofinsuranceproceeds and reserwes
is a Cornmon Expense. If the entire Common Area is not repaired or replaced, the insurance
proceeds attributable to the dan:aged Common Area mustbe used to restore the damaged area to a
condition cornpatibie with the rernainder of The Rose Ranch, and except to the extent that other
persons will be distributees, the unused insurance proceeds mubt be diskibuted to all the Owners or
Mortgagees, as their iuterests may appear in proportiou to the Con:nron Expense liabilities of all the
Lots.
Section 10.8 Comn:on Expenses. Premiums for insurance that the Association acquires
ar:d oflrer expenses connected with acquiring such insurance are Conrmon Expenses.
Section 10.9 Fideiitv Insurance. Fidelity bondsrnust be maintained by tire Associatiou to
protect against dishonest acts on the parl of its Directors, officers, ttustees, and enrployees and on
the part of all others who handle or are respousible for handling tire fuirds belonging to or
adnrinistered by the Association ir: an amount not less thur two months' cunent Assessrnents plus
reserves as calculated fiour the cunent budget of the Association. Ilr addition, if responsibility for
irandling firnds is delegated to a Manager, such bond may be obtained for the Manager and its
D eclaration of P ro tectit e Coven.a.ttts
Rose Ranch P.U.D., Phase l
I 3-Sep-99 24
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oflrcers, enlployees, and agents, as appljcable. A:iy suclr fidelity coverage shall nalie the
Association as ar: obligee and such bonds slull contain waivers by the issuers of all defenses based
upon the exclusion of persons serving without compensation fi'onl the definition of "en1)loyees,"
or siruilar ten:rs or expressions.
Section 10.10 Worker's Cornpensation Insurance. Tlre Executive Board slrall obtain
worker's courpensation or simjlar insurance witl: respect to its en:ployees, if applicablg in the
amounts a:rd fonns as may now or hereafter be required by law.
Section 10.1 I Oflrer Insurance. The Associatiorr shall also maintain insurance to the extent
reasor:ably available and in such amounts as the Executive Board may.deem appropriate ou behalf
ofDirectors against any liability asserted against aDirector or incuned by him in his capacity of or
arising out ofhis status as a Director. The ExecutiveBoard may obtain insurance against such oflrer
risks of a similar or dissimilar nature as it shall deem appropiate with respect to flre Association's
responsibilities aud duties.
Section 70.1.2 Insurance Obtained by Owners. Each Owner shall obtain and at all times
maintain physical damage and liabiiity insurance for such Owner's benefit, at such Owner's expense,
covering the full replacement value ofthe Owner's Lot and residence (except to the extent any such
Lot is en-curnberedLy an easernent conveyed to theAssociationas CommonArea), personalproperfy
and personal liability insurance in a limit of not less than Five Hundred Thousand Dollars'
($500,000.00) in respect to bodily injury or death to any number of persons arising out of one
accident or disaster, or for damage to property, and if higher timits shali at any time be customary
to protect against tort liability such higher iirnits shall be carried. In addition, an Ownermay obtain
such other and additional insurance coverage on the Lot and residence as such Owner in the Owner's
sole discretion shall conclude to be desiiable; provided, however, that none of such insurance'
coverage obtained by the Owner shall operaleJo decrease the amount which the Executive Board,
on behalf of all Owners, may realize under any policy maintained by the Executive Board or
otherwise affect any insurance coverage obtained by the Association or cause the diminution or
termination of that insurance coverage. Any insurance obtained by an Owner shall include a
provision waiving the particular insurance company's right of subrogation against the Association
and other Owners, including Declarant, should Declarantbe the Owner of any Lot. No Owrler shall
obtain separate insurance policies on the Coinmon Area.
AII Owners are required to rnaintain on file copies of all such cunent policies with the
Association to evidence their obiigations.hereunder and to facilitate recovery of all appropriate
awards or proceeds by the Association.
ARTICLE XI
ASSESSMENTS
Section 1 1. i Oblieation. Each Owner, including Declarant, by accepting a deed for a Lot,
is deemed to covenant to pay to tire Association (i) the Arurual Assessmeuts inrposed by tire
D eclar alio tz of Pro tactive Covenan ts
Rose Ronch P.U.D., Phase l
l3-Sep-99 25
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Dedarati.ott of Protective Covenant ts
Rose Ranch P.U.D., Plnse I
I j-Sep-99
Executive Board as necessary to meet the Conlnon Experlses of majnte;naficq operation, ar-Id
rnapagerxept of the Common A.r'ea and to perfon:r the functions of the Associatjor:; (ii) Special
Assessments fbr capital improven'rents and othr. prrposes as stated in tliis Declaration, if per:nitted
under the Act; and (iii) Default Assessn:ents which rnay be assessed against aLot for the Owner's
faiJure to perfon:r an obligation u:rder the Association Docut:rents or because tlre AssociatioD has
incun.ed an expeD.se on behalf of the Owner under tlre Association Documents'
Sectiorr 11.2 purpose of Assessments. The Assessnrents shall.be used exclusively to
promote the lrealth, safety and welfar. of tt " Owners and occupants o-f The Rose Ranch' for flre
improvement and n:ainteira::ce of the Conrmon Area and other areas of Association responsibility
refened to lierein, as mole fully set forttr in this Article below and in Article XVI['
section 1 1.3 Budeet. within thirty (30) days after the adoption of-any proposed budget
for theAssociation, t5e Executive Board strati inaii, by ordinary first-ciass mail, or otherwise deliver
.a sunmary of the budget to all the Owners and shall set a date for a rneetir:g of the Owners to
consider ratification of the budget not less than fourteen (14) nor more ,t u+:ilty (60) days after
mailing or other delivery of tire sunmary. Unless at that meeting sixty percent (60%) of all Owners'
whether or not present at the nreeting, reject the budget, the budget is ratified' whether or not a
quorum is present. In the event that thi proposed budgJt is rej ected, ttre periodic budget last ratified
by the Owners nrust be contilued until such time as the Owners ratify a subsequent budgetproposed
by the Executive Board. The Executive Board shall adopt a budget and submit the budget to a vote
of the Owners as provided herein no less frequentiy tttat annuatly' The Executive Board shall lerlg
and assess the Artnual Assessments in accordance with the annual budget'
Sectionll.4 AmualAssessments. AnnualAssessmentsforCommonExpensesmadeshall
be based upon the estimated cash requirements as the Executive Board shall from time to time
determine to be paid by all of the Owners, subject to Section i 1.3 above' Estimated Common
;;;;;;rtrat inctuae, but shall not be limited to, the cost of routine maintenance and operation of
the Common Area; ,*p"rrr", ofmanagement, taxes and special governmental assessments pertaining
to the Colrmon Area and insurance premiurns for insuran"' "o'"'"ge as deemed desirable or
necessary by m" asslci"iio"l f *ar""pirrg, care of grounds within flre Conrmon Area; ioutine repairs
a,,d renovations witirin the Comrnon Area; wages; common water and utility charges l:t *"
Conrmon Area; Iegal and accouuting fees; managr*""t fees; expenses and liabilities incurred by the
Associatiou ulder or Uy reason of mir-Deciaration; payrnent of any default remaining from a
prt;; assessrnent period; and the creation of a reasonable contingency or other reserve or surplus
fuird for general, routine maintenance, repairs, and replacenrent of irnprovernents within the
Common Area on a periodic basis,'as ireeded. Notwithstauding the use of the tenu "Arnual"
Assessrnents, the Association may establish au Annual Assessment for less than 12 mouths (e€" set
t*,o six nronth "Annual Assessments"). Until the Association makes an fu:nual Assessment' the
Deciarant shail pay all Conunon Expenses
A,lual Assessr::ents shaii be payable on a prorated basis each year in adva:rce and shall be
d.ue on the first day of each month, calendar quarter or year, as detei-urined by the Executive Board'
76
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it-;a El R 40G.oo D 0.00 GRRFIELD couNTY c0
The onrjssior: or failure of the Association to fix t}e Aou:ual Assessnrents for ar:y assessnrent period
shall not be deerned a waiver, modification, or release of tlre Owtrers fi'onr their obligation to pay
the sanre. The Association shall have the right, but not the obligatiott, to n:a1ce prorated refunds of
any l,:urual Assessn:ents in excess of the actual exllenses incun'ed in a:ry fiscal year. In tl:e
alleilative, theExecutiveBoard rnay e)ect to allocate anysuch excess Assessments to an Associatiorr
working capital fund or.to arr Association reserve fund.
Sectionil.5 Apporlio:r::rer:tofA:r::ualAssessnrerrts. EacliOwnershallberesponsiblefbr
th.at Owner's sirare of tl:e Common Expenses, whiclr shall be divided among tlre Lots on the basis
of the Sharing Ratios in effect on the date of assessmenl subject to t}e fbllowing provisions. All
expenses (including, but r:ot lirnited to, costs of rnaintenance, repair, and replacenrent) relating to .
f:ewer than all of tire Lots to the extent not covered by insurancemay be bome by the Owners of
those affected Lots only at tlie reasonable discretion of flre Executive Board. The forrnula used in
establishing Sharing Ratios is an equal allocation among all of flre Lots.
Section 11.6 Special Assessments. hr addition to the Annual Assessments authorized by
this Article, the Association may lely in any fiscal year one or more Special Assessments, if
permitted under the Act, payable over such a period as the Association may determine, for the
irrpos" of defraying, in whoie or inpart, the cost of any construction orreconstntction, unexpected
iepair or replacem"nt of i*prov"ments within the Common Area or for any other exPense
or to be incurred as provided in this Declaration. This Section 1 1.6 shall not be constnred as an
independent source of authority for the Association to incur expense, but shall be constnred to
prrr"rib" the manner of assessing expenses authorized by other sections of this Declaration, and in
acting under this Sectiorl tire Assoliation shall make specific references to this Section. Any
arnounts assessed pursuant to this Section shall be assessed to Owners in the same ProPortion as
pmvided for Annual Assessments in Article X[, Section 11.4, subject to the requirements th{ any
Lxtraordinary maintenar:ce, repair or restoration work on fewer than all of the Lots shall be bome
by tire Owners ofthose affected Lots only; and any extraordinary insurance costs incurred as a result
of the value of a particular Owner's residence or the actions of a particular Owner (or his agents,
servants, guests, tenants, or invitees) shall be borne by that Owner. Notice in writing in the amount
of such Slecial Assessments and. the time for payment of the Special Assessments shall be grven
promptly io the Owners, and no payment shali be due less than thirty (30) days after such notice
shall have been given.
Section 1 1.? Default Assessments. All monetary fures assessed against an Owner pursuant
to the Association Docurneuts, or any expense of the Association wirich is the obligation of an
Owner or which is incuned by the Association on behalf of the Owner pursuant to the Association
Documents, shall be a Defauit Assessment and shall beconre a lieu against such Owner's Lot which
n:.ay be foreclosed or otirerwise coiiected as provided in this Declaration. Notice of the arnount and
due rJate of sucir Default Assessnent shall be sent to the Owner subject to such Assessment at least
thirty (30) days prior to the due d.ate.
D eclaratio tt of P ro tectiv e Covenan.ts
Rose Ranch P.U.D., Plnse l
I j-Sep-99 27
rffiilr Hlll il1ffi Illl llllll llllH lllIl lll llill llll llil
623133 O3/78/2OO3 O4;O1P 81441 P921 l'l RLSDORF
38 of 81 R 406.00 D 0.0@ GRRFIELD C0UNTY C0
(i)
deems appropdate;
(ii )
two poir:ts above tire
Executive Board may
(iii)
Sectiol 1 1.8 Effect of Nonpayrnent: Assessrrrent Lien. Lny Assessnrent installn:etlt,
wl:ether pertaini.ng to ,ry,t r1r^t, Spr"irt, o, Default Assessment, which is not paid withir: tirirty
(30) days after itslu e d.ateshall be delinquent. If an Assessment installnrent beconres delinquent,
the Association, in its sole discretion, nray take any or allof the following actions:
Assess alate cltuge for each delinquerrcy in such amount as the Association
Assess ar interest cirarge fron: the date of delinquency at the yearly rate of
prime rate charged Uy ttre Association's bank, or such other rate as the
establish, not to "x"""i twenty-one percent (21%) per arulum;
suspend the voting rights of the owner during any period of delinquency;
D ecl.aratiort of Pro tective Covenan.ts
Rose Ranch P.U.D., Ph.ase l
t j-Sep-99
(iv) Accelerate all remaining Assessment installments so that unpaid Assessments
for the remainder of the fiscal year shall be due and payable at once;
(v) Bring an action at law against any Owner personally obligated to pay the
delinquent Assessments; and
(vi) Proceed with foreclosure "r
rriforttr in more detail below.
Assessments chargeable to any Lot shall constihrte a lien on such LoL The Association may
institute foreclosure procledings against the defaulting Owner's Lot in the manner for foreclosing
a mortgage on real iroperty unaei the laws of the State of Colorado. In the event of any such
foreclosure, the OwneriU"ff be [able for the anrount of unpaid Assessments, any pena]ties and
interest thereon, the cost and expenses of such proceedingt, tU" cost and exPenses for filing the
notice of the claim and lien, and atl reasonabie attorney'i fees incurred in connection with the
enforcement of the lien.
The Association shali have the power to bid on a Lot at foreclosure sale and to acquire and
hold, lease, mortgage, and convey the sarne. The Association rnay bid for the Lot at the foreclosure
sale and hcquire, hold, lease, mortgage and convey the Lot, While a Lot is owned by the Association
following foreclosure: (a) no rigtrt to vote shall be exercised on its beiralf; (b) no assessinent shall
be levied on it; ald 1c; eacfr othei Lot shall be charged, in addition to its usual Assessurent, its equal
pro rata sSare of the Assessment that would have been chuged such Lot had it not been acquired by
the Association. T5e Association may sue for unpaid Conu::on Expenses and costs without
foreclosing or waiving the lien securing the same.
To the maximum extent pennitted by iaw, tire lien of flre Assessurents will be superior to and
prior to any homestead exemption providednow or in the future by tire law of the State of Colorado,
La to all other lie1s a1d encumbrances except lieris and encumbrances recorded before the date of
therecord.ilrg oftlris Declaration, and liens foigov"nlnental assessnrents or chaiges irnposed against
28
ltIIilt ililI l!il[ llil lillll lllll! ffill ll] lllllllll L[l's[sii: wtlatzse,s sqrstp 81447 ?e22 n RLSDoRF
is or Bt R 408.@o D 0.00 GRRFIELD couNTY c0
'
^Lotby
a colorado govenxr-lental or political subdivision or special taxittgdistr-ict or any other liens
'"tut t:';,01,]1"'it*r",,r,
o0,,.r..,",,. Trre a:,ou,rof any Assessmerlr c,argeableagainst a,v
L,ot shall be a persorral aDd individual debt of the OwDerof san:e' No Owner may exemPt hirnself
fi-onr liability for the Assessr:rent by abandoulent of tris Lot or by waiver of the use or enjoyrnent
of all or aly part of the Conunon Alea. Suit to recover a money judg:nentfor unpaid Assessn:ents'
any penaltiei arrd ilterest thereon, tire cost a:rd gxpenses of sucli proceedingt, .-d all reasonable
attomey,s fbes in coru:ection therewith shall be maintainable wiflrout foreclosing or waiving the
Assessment lien provided in this Declaration'
Sectior:11.10 Successor'sLiabilitvforAssessments.TheprovisionsoftheActshallgovem
und"oot,oI'.tulu."obli-gationsofsuccesso,,toilryletitltofaLotonwhichAssessnrents
are delinquent and (b) tlre subordination by the lien of the Assessments provided for in this
Declaratiol. Notwithsta,raing the foregoin!-.o, any contrary provision irerein, the lien of the
Assessments shall .eprererrt ai.i"r *a ,Jrrior-ti"r, ani shall "ojoy
priority over any First Mortgage
recorded subs"queito the recording of the Declaration
section 11.11 paymentbvMortsagee. AnyMortgageeholdingalienonal'olmaypay {Ly
unpaid Assessment p"y"ut" *i-m--rp""fto *"t ilt, togJth-er with any ana an costs and exPenses
incurred with respect to the lien, and upon such payment-rhat Mgrtgagee shali have a lie'lr on the Lot
. for the amounts iaid with the same priority as the lien of the Mortgage'
fee set from time to time by the Executir" Bo*Jilffiffifi (14) days' written request to the
Manager or the Association,s registered agent, any Owner, Mortgagee, prospectiv^e Mortgagee' or
prospective purchaser or a roisfr"u be furnished with a written statemeut sdtting forttr the amount
of the unpaid Assessments, if any, with respect to such lot. unles.s such statement shall be issued
by personal delivery or by certifr-ed mail, nirt a*r fostage prepaid-return receipt requested' to the
inquiring party (in which event the date orpostiG suatt be deerned the date of delivery) within
fourteeu (14) days, t5e Association shall ir"r.no rilitto assert alieu upontheLot overthe inquiring
party,s interest ior uupaid Assessr:rents which weie due as of the date of the request'
Section 11.13 ' Upon acquisition of record title to a Lot
fronr Declarant or any setteiafter Declar-ant, "*ilo*-rsha'll contribute to the working capital and
reserves of the Association a1amount equal to twenty-five percgnt (25%) of the furnual Assessnrent
d,etermi'ed by the Executive Board for tirat lnt for tlie yearin which the owner acquired title' Such
payments shall not be co*sidered advance payrneuts of itre A,rurual Assessments ' The unused portion
of theworki,g capital deposit shall be returnedto "..t o*o.t, witirout interest, upoqthe sale of his
Lot, provided that the new pur.chaser of the Lot has deposited the required working capital deposit
with the Association. The Executive Board shall be entitled to make use of the working capital
reselres in its discretion roitowing a ten (10) day written notice of its interitior: to so use the reserves
and the purposes therefor is rnailed to all of the owners.
Declaratiott of Protective Covenants
Rose Ranch P.U.D., Ph.ase l
I j-Sep-99 29
il!illl Hlll lllll! Iltl illllllillil lllll lll lllil llll llll
623133 03/18/2093 04zO1P 81447 P923 l'l RLSDORF
4o ol 81 R 406.OO D 0.00 GRRFIELD C0UNTY C0
Section 11 .t4 Real Estate Transfer Assessr:rent. If per:rnitted by law, the Executive Board,
jn its discretion, may levy a real estate transler assessnrent upon the transfer of real propelty within
flre Property. Any such real estate trarrsfer assessment must be nrade pursuant to celtain utrifonn
p:'ocedures, Iimitations ard exclusions as are cunently in effect for other sinrila:'real estate projects
inGarfieldCounty,Colorado. Inaddition.,0:eprocedures,lirnitationsandexclusiottstnustbeplaced
ofrecord by tlre Association in the Office of tlre Clerk arrd Recorder fbr Garfield County, Colorado,
prior to 0re enactment of such levy. Lr no event shall thereal estate tra:rsfer assessment rate exceed
two percent (2%) of the fair rnarket value of the property being transferred.
ARTICLE xII
ASS OCIATION AS ATTORNEY-IN.FACT
- herellr irzerrnnalrlw qnnnintc the Assor ''s trug and lawfulEach Owner hereby irrevocably appoints the Association as the Owner
attorney-in-fact for flre purposes of deaiing wi*, any improvenrents covered by insurance written in
the name of the association pursuant to Article X upon their damage or destruction as provided in
Article XIII, or a complete or partial taking as provided in Article )OV below. Acceptance by a
grantee of a deed or other instrumept of conveyance fronr Declarant or any other Owner conveying
any portion of the Property shalt constitute appointment ofthe Association as the grantee's attorney-
in-fact, and the Assoliation shall have full authorizatiou, right, and power to make, execute, and
deliver any conhact, assignment, deed, waiver or other iusbument with respect to the interest of any
Owner which may be necessary to exercise the powers granted to the Association as attomey-in-fact.
ARTICLE )(Itr
DAMAGE OR DESTRUCTION
Section 13.1 The Role of the Executive Board. Except as provided in Section 13.6, in the
eve,lrt of damage to or destuction of all or part of any Common Area improvement, or other Properlry
covered by insurance written in the name of the Association under Article X, the Executive Board
shall anange for and supervise the prompt repair aud restoration of the damaged Property (flre
Property insured by thi Association pursuant to Article X is sornetimes referred to as the
l'Association-Insured Propertv").
Section 13.2 Estimate of Damages or Destruction. As soon as practicable after an event
causilg damage to or destmction of any part of the Association-Insured Property, the Executive
Board ihall, unless such damage or destruction shall be minor, obtain an estimate or estirnates that
it deems reliable and cornplete ofthe costs ofrepair and reconstruction. "Repair and reconstructiot]"
as used in Article )OII shall rnean restoring flre damaged or destroyed improvements to substantially
the same condition in which tirey existed prior to the damage or destructiou. Such costs may also
include professional fees and premiurns for such bonds as tlle Executive Board or the Insurance
Trustee, if auy, determines to be uecessay.
D eclaratiotr of P r o lective C,ov enants
Rose Ranclz P.U.D., Phase l
I 3-Sep-99 30
ilr!il1 !llll illlll illl llllll llllll llill ll lllll lIll llxl
623133 03/L8/?OO3 @4$1P 81441 P924 I'l RLSDoRF
41 of 81 R 406,90 D 0.00 ORRFIELD COUNTY C0
Section 13.3 RepajrandReconstruction. As soon a.spractical afterthedunageoccurs ard
any required estinrates have been obtairied, tlie Association shall diligentlypursue to conrpletion tl:e
repair a:rd reconsbuction of the danraged or destroyed Association-Insured Propelty. As attomey-in-
fact J'or the Owners, the Association may take any and all necessaty or approptiate action to effect
repair a1d reconstruction of any damageiothe Association-Insured Property, and no consent or other
actjon by any Owner shall beire"rrro:ry. Aly repair a:rd reconstruction of danraged or destroyed
Roads stall, at a minimum, meet all standard, ,1qrror"d by Garfield Courity for The Rose Ranch
prqect. Assessrnents of the Associatior: shaliinot be abated during the period of insurauce
adjustments and repair and reconstruction.
Sectior: 13.4 Funds for Repair and Recon.struction. The proceeds received by the
Associatiou from aly hazard inrurar,.r "arried by Ur" .l,tt*i^tion shall be used for the purpose of
. repair, replacement, and reconstruction of the Association-Insured Properly. If the proceeds of the
Association's insurance are insufficient to pay the estimated or actual cost of such repair,
replacement, or reconstruction, or if upon complltion of such work the insurance proceeds for the
payment of such work are insufficient, the Association may, pursuant to Article )O, Section 1l'6'
tut subject to applicable law, levy, assess, and collect in aavance from the Owners, without the
necessiiy of a siicial vote ofihe 6*n"r., a Special Assessment sufficient to provide funds lo p"y
such Estimated or actual costs of repair and ieconstnrction. Further levies may be made in like
manner if the amounts collected pror" insufficient to complete the reP&, replacement or
reconstr:ction.
seotion 13.5 Disbursement of Funds for Repair and Reconshrqtion. The insruance
proceeds held by the Association and the amounts receivld to* tt " Special Assessments provided
for above constitute a fund for the payment of the costs of repair and reconstruction after casualty'
It shall be deemed that the first money disbursed iu payment for the costs of repair and
reconstnrction. shall be made from insurange proceeds, and the balance .from the Special
Assessments. If there is a balance remaining "ft"t payment of all costs of such repair and
reconstruction, such balalce shall be distributed to the bwrers in proportion to the contibutions
each Owner made as Special Assessments, then in equal shares per Lot, first to-the Mortgagees and
then to the Ownerr, ., ih"i, interests'appear or, in the reasonable discretion ofthe Executive Board,
the balance may be paid to any *"irrt"rr*ce over working capital reserves maintained by the
Executive Board.
Section 1 3.6 Decision Not to Rebuild Comrnon Area, If Owners represeutin g atleast 6T %o
of the total allocated votes in the Association (other than Deciarant) and 5l% of the Mortgagees
iroldilg First Mortgages (based on 1.0 vote for each Morlgage whicir encumbers a Lot) and all
dir"cf! adveisely affected Owners agree in writing not to repair and reconstnrct improvemeuts
witlin flre Con:rnon Area and if no alternative inrprovenients are autirorized, then and in that event
;il;"."gJr-0"r., shall be restored to its natur-al state and maintained as an undeveloped portion
of tlie Common Area by the Associatiou in a neat and attractive condition. In the event such a
writtel agreement not to repair or reconstruct is urade regarding any Road, sucli decision must
D ccl.aration of P r otective Cov enanls
Rose Ranch P.U.D., Phase I
I 3-Sep-99 31
ffiIlil lllll llllll llll llllll lltll! [lll||] llll]!fll llll'aTtiii e;;r1a'i[ssC siiste 81441 Pszs t't RLSDoRF
iz-ii-ai-n-lsa.oo D o.@a GRRFIELD couNTY c0
additiona,y receive trre writter: consent of trre Board of county comnrissioners, Garfield cout,ty'
Colorad.o. A:ry remai,iirg i,.surarr.. prol"a, .rruri rrt aistriuutea in accordarce with tlie Act'
ARTICLE XIY
CONDEMNATION
Sectiol 1 4. I Rights of Owners. Whenever all or a1y part of the Con:mon Area shall be
talcen by any authorify having po*", of iodenrnation o' '*intni donrain or wher:ever all or any pat
ofthe conunon Area is conveyea i* rieu oiataki,g under tirr; of condemnatio, by the Executive
Board acting as atlonrey-i,-fact for au owners und", instructio,s from any authority having the
power of condem"tio, o, eminent dom"irr, each owner rt',"tt ut entitled to notice of the taking or
conveying. The Associatio, shall act ,, Jio*t,-in-factfor all Owners in the proceedings incident
to the condemnation pro"""air:g, uuless otherwise prohibited by law'
The award
made for such taking shall be pavable t :':Ht*X1'ii#i
Hfi:t3:ffi;H?TilJo"rl"""i,i"J"'ru, o.,i"r, othe'wise '"qri"a under the Act, the award shall
be disbursed as follows:
ARTICLE XV
EXPANSION, SUBDNTISION AND WITHDRAWAL
If the taking involves a portion of the comrnon Area on which improvements have been
consbucted, then, unless within sixty dayS an* t*U t'ti"q Declarant and the Owners who represe'lrt
at least 67yo of thevotes of all of the d;;;r shall othenrlise agree, the.As-sociation shall restore or
replace such improvements so taken "; th;remaining mi iltt'aed in the Common Area to the
extent lands are available for such restoration or replacement in ao"o'd'n"e with plans approved by
the Executive Board and the Design Review Board. tiru"u improvements I" to be repaired or
restored, the frovisior$ i.rgtti"f" Xm
"Uove
regarding the disbursement of funds with respect to
casualty damage o, a"rt ,r"*ion which i;i; t" rJpaireishali"pprv' I{ft",tgg does not involve
any improvements on the Common nt*, "t ilthere is a decisioi *'d"-Tli:l,"n"it or restore' or
if there are net funds remaining "n., ,il "'"f""'to'ation
or replacement is completed' then such
award or net funds shall be distributed in equal shares p"t l'i' among the Ow'ers' first to the
Mortg"g""s and then to the Owners, as their interests aPPear'
section 14.3 conrplete condemnation. If all ofthe Property is takgn' condemned' or sold'
or oflrerwise disposed or ioi6 oro, i, *oif,-r"e of condemn^,iorr, irren the regime created by this
Declaration shall terminate, and the portion of the condemnation award attributable to the Common
fuea shall fre aistrif:uleJas provia"i in A,rlicle XIII, Sectiol 13'5' above'
Sectiou 15.i
Declaratiott o{ P rolectiv e Covenanls
Rose Ranch P.U.D., Phase l
I 3-Sep-99
37
ilililt tllt IIll[lilt ilillt llllll lllll|i]llllilllul
b[!r-is oSllaiiooz @4$7P 81447 Pe26 ]'l RLSDoRF
4g of E1 R 408.09 D 0.00 oRRFIELD couNTY c0
A. Decla:'a:rt reselves the rigirt for itself a:rd any Successor Declala:rt at any tir::e
a:rd fiom tin:e to tinre, to a.dd the A:urexable Property to the Properly. In accordarrce with the
firregoing, each Owner of a Lot Jrereunder hereby grarts to Declaratt and any Successor Declarart,
tlre right to add the Amexable Property to the Pr:operty and to niodify such Owner's rights in and
to flre Conuron As'ea and Associatiori, as n'lore particularly set foflh in Section 15'4.
Notwiflrstandingthe foregoing, Declarantis authodzed to conveypoilions oftheArurexableProperty
prior to its addition, to such third party or parties p it may deem appropriate, whether for purposes
consistent wiflr ftis declaration or otherwise. ',
B. Declarapt reserves the right to add additional, unspecified real estate to flre
Properly to the fullest extent pennitted by the Act.
C. Declarant reserves the right to subdivide any Lot into trpo or more Lots, and
to create duplexes or multi-family facilitier or, *y Lot either pursuant to re-subdivision, the
subjectiop oisuch duplexes or mulii-family units to a common interest owndrship regime or other
lawful means.
D. To the macimum extent permitted by ttre Ac! Declarant reserves the right for
itself and any Successor Declarant any time *h fro* tirne to time to withdraw from the provisions
of this Declaration any real property subject to this Declaration or subjected tgttris Declaration by
a duly recorded Suppi"*"ntal Deciaration, and, ifnecessary, Supplemented Plat prior to t" B:
of a sale of a Lot *iflrin that phase of the Property as describeA in tfris Declaration or in said
Supplemental Declaration and, if necessary, Supplemental PIat.
E. The new Lots shall be'subject to all of the terms and cond'itions of this
Declaration and of any Supplemental Declaration, uponplacing the Supplemental Dec]ar1tl']n ard,
ifnecessary, the SupplemiritU f t"t1r) ofpublic r""oid inthe real estate records of Garfield County,
'Colorado.
Section 15.2 Supplernental Declarations ar,rd Suppiemental Plats. Such expansionmay-be
acconrplished. by th" fi-ffi fo, r""ord by Declarant in the Offrce of the Clerk and Recorder for
Garfreia County, Colorado, of one or more Suppleureutal Declarations and, ifthe real property being
subject to tiris f,'eclaration by such suppler::intal Declaration has not been previously platted in a
plai recorded in the Office of flre Clerk and Recorder for Garfield Countlt, Colorado, of a
'supplemeltal PIat depictigg such real property recorded concurrently with the applicable
Supplemental Declaratior. ih" Supplemental Declaration shall set forth the Lots and other real
prop.rty, if any, to be included io tt " expansion, together with any covenants, conditions,
restrictions and easenelts particular to such property. The expansion may be accomplished iu stages
by successive supplernelti or in one supplemental expansion. Declarant nriy exercise such rights
for expalsioi: in'whatever order of development Declarant in its sole discretion detennines.
Declarant shall not be obligated to expand the real property subject to this Declaration.
Declaratiott. of Protective Covenants
Rose Ranch P.U.D., Phase l
I 3-Sep-99 33
lllilll !ilil ilillt ]lt iltilt ltilil ililt fl ililll ilt [il
523133 O3/78/2O@3 O4zO7P 81447 P9Z7 n RLSDORF
44 of 8l R 406.oO O 0.00 GARFIELD cOUNTy CO
Sectior: I5.3 Exparision of Definjtions. In the event of suclr exltansiot:, resubdivision or
creation ofcondo:uiniunr, d.uplex, town homeorothermulti-faniilyunits, thedefinitiolrsused intlijs
Declalatior: shall be expanded autornatically to encontpass ar:d refer to the Property subject to this
Declaratio:t as so expa:rded, resubdivided or created in condorniniunrs, duplexes, torvn lion:es or
nrulti-family units. For exaurple, "Lot" shall mea:: the Lots as shown on the Plat plus arly additjonal
Lots added by a Suppleniental Declaratio:: atd, if necessary, Supplemental Plat or Flats (but
avoiding duplication such that if three town homes were created fi'orn one Lot, tlren there would be
a net two additional Lots), and reference to this Declaration shall mean tbis Declaration as
supplerrented. All conveyances of Lots shall be effective to transfer rights irr flre Property as
expanded.
Sectior: 15.4 Effect of Expansion.
A. Upol the inclusiol of additional Lots under this Declaration by the filing of
a Supplemental Declaration(s) and, if necessary Supplemental Plat(s) thereof, the Sharing Ratio
applicable to a Lot shall automatically bereduced to a fraction, the numerator of which shall be one
(ij ana the denominator of which shall be equal to the aggregate number of Lots then subject to this
Declaration. Such reduction in the Sharing Ratio appurtenant to a Lot shall be reflected and set forth
in the Supplemental Declaration.
B. Notwithstanding any inclusion ofadditional Lots underthis Declaration, each
Owner shall remain fuIly liable with respect to its obligation for the payrnent of the Common
Expenses of the Association, including the expenses forsuchnew Common Are4 costs and fees, if
,rry. tt " recording of a Supplemental Declaration or Supplernental Plat shall not alter the amount
of the Common Expenses assessed to a Lot prior to such recording.
Section 15.5 Termination of Expansion and Development Rights, The rights reserved to
the Declarant for itself, its successors and assigns for the expansion and development pursuant to
Section 15.1 ("Expansion and Development RiehtS") shall expire twenty (20) years from the date
of recording tiris Declaration, unless tirminatedearlier pursuant to the terms and provisions of the
Ac! or unless the Expansion and Development fughdare (i) extended as allowed by law or (ii)
reinstated or extended by the Association, subject to whatever tenns, conditions, and limitations the
Executive Board may impose on the subsequent exercise of the Expansion and Development Rights
by Declarant
ARTICLE XVI
DESIGN GUIDELINES AI.ID REVIE\\, BOARD
Section 16.1 Design Review Board and Guidelines. There is hereby established a Design
Review Board (the "Desiprr Review Board"), which will be rcsponsible for the establishmeut aud
administration of Design Guidelines to facilitate the purpose and intent of tliis Deciaration.
Declaratiort of Protu,tive C.oven.anls
Rose Ran.ch P.U.D., Phase l
I 3-Sep-99 34
ilrllil llilt Hlilt ilt illllt llllll ililt ffi rrru ffi llll
623133 O3/18/2OO3 @42@7? 81447 P928 l'l ALSDORF
45 of 81 R 4@6.O0 D 0.@0 GRRFIELD COUNTY C0
Sectionl6.2 PurposeandGerieralAuthority. TheDesiglrReviewBoa:'dwillreview,study
and either approve or reject proposed improvements on tl're Properly, all irr conrplia:ce with tl:is
Declaration and as further set fortlr in tlre Design Guidelines and such rules a:rd regulations as the
Desjgn Review Board irray establish fi'or:i time to time to govenr its proceedings. No inlprovenrent
will be erected, placed, reronstructed, replaced, repaired or otherwise altered, nor will any
constnrction, repair or reconstruction be qornrrenced uutil plarrs for tlie improvements sl:all have
been approved by the Design Review Board; i:rovided, however, that irr:pfovqnents that are
corlpletely wiflrin a dwellir:g structure may be undertakcn without suclr approval.
Section 16.3 Board Discretion. The Design Review Board will exercise its reasonable
judgmeht to see that all improvements conform and harmonize witli any existing structures as to
extemal design, quality and iype ofconstruction, seals, materials, color, Iocation on thebuilding site,
heigh! grade and finished
- ground elevation, laridscaping, and the schemes and aesthetic
considerations set forth in the besigl Guidelines and other.A.ssociation Documents' The Design
Review Board, in its sole discretion, may excuse compliance with such requirernents as are not
necessary or appropriate in specific situations and may permit compliance with different or
alternative requirements. The approval by the Desigrr Review Board of improvernents on flre
Property shalltarry no precedential weight when reviewing subsequent requests for approvals, and
the Design Review Board shall not bi required to approve requests for the sarne or similar
irnprovements.
Section 16.4 DesisnGuidelines. TheDesignGuidelinesmayinclude, amongother thrngs,
at the sole discretion of the Design Review Board, tlie restrictions and limitations set forttr below:
(i) Procedures and necessary fees for making application to the Design
Review Board for design review approval, including the documents to be submitted and the time
lirnits in which the.Design ReviewBoard must act to approve or disapprove any submission.
(ii) Time limitations for the completion, within specifred periods after
approval, of the improvements for which approval is required under the Design Guidelines.
(iii) Designation of the building site on a Lot and establishing the
rnaximum developable areas of the Lot.
(iv)
be developed on any Lot;
Minimr:rn and ma:rimurn square foot areas of living space that may
(v) Landscaping regulations, with liuritations audrestrictionsprohibiting
the removal or requiring the replacement of existirig trees, the type and use of plants, and other
practices belefitting the protection of the envirorutlent, conservation of water, aesthetics and
architectural hanuony of The Rose Ranch.
D eclaration of P rotecti.tte Coven anls
Rose Ranch. P.U.D., Ph.ase l
I 3-Sep-99 35
tHlil !illl lilH llll llllll llllil lllil lil llilll lll ltIl
623133 O3/L8/2OO3 @4207P B1447 P929 n RLSD0RF
46 of 81 R 406.OO D 0.00 GRRFIELD C0UNTY C0
(vi) General instluctions for-the construction, reconstruction, refinishir:g
or alteration of any inrprovenrent, includin g ffiy plan to excavalte, fill or malce any otller teniporaty
or pentlanerrt change in the natural ol existing surfa.ce contour or drainage or any installation or
utility lines or conduits on the Propefly, addressing nratters such as loading areas, waste storage,
trash removal, equiprr:ent arrd materjals storage, g'ading, traisfonlers ard nreters.
TlreDesign Review Board uray aniend, repealandaugnrenttheDesigr: Guidelines fi'om tirne
to time, in the Design Review Board's sole discretion. The Design Guidelines will be binding on
all Owners and oflrer persons govemed by this.Declaration. Notwiflrstanding flre foregoing, flre
Design Review Board is empowered in its discretion to grant variances from the requirements ofthe
Design Guidelines under unique or unusual circumstances.
Section 16.5 Design Review Board Membership. The Design Review Board will be
composed of not less than tluee (3) persons nor more than five (5) persons. The Design Review
Board need not include any Member of tlre Association. All of the mer::bers of the Design Review
Board will be appointed, removed and replaced by Declarant, in its sole discretion, until all the Lots
comprisiug the Property are sold unless required otherwise by the Act, or such earlier tirne as
Declarant rnay elect to voluntarily waive flris right by notice to the Association, and at that time the
Executive Board will succeed to Declarant's right to appoint, remove or replace the members of the
Design Review Board.
Section 16.6 Oreanization and Operation of Design Review Board.
A.The tenn of office of each member of the Design Review Board, subi"ct to
Section 16.5, will be one year, commencing January I of each year, and continuing until his
successor shall have'been appointed. Should a Design Review Board member die, retire or become
incapacitated, or in the event of atemporary absence of amember, a successorrnaybe appointed as
provided"below.
B. So long as Deciarant appoints the Desigu Review Board, Declarant will
appoint the chairrnan. At such time as the Design Revie.*, Board is appointed by the Executive
Board, the chairman will be elected annually frorn arnong the members ofthe Design Review Board
by a majority vote of such members. hr the absence of a chairmarl flre party responsible for
appointing or electing the chainnan may appoint or elect a successor, or if the absence is temporary,
an interim chairrnan.
C. The Design Review Board chainnan will take charge of and conduct all
meetiugs and will provide reasonable notice to each rnember of the Design Review Board prior to
any meeting. The notice will set forflr the tirne and place of tire meeting, arrd notice may be waived
by any mernber.
D. The affinlativevote ofrnajority ofthemer:rbers ofthe Design Review Board
will govem its actious and be tire act of the Design Review Board.
Dqlaratio tt of Protective Covenanls
Rosi Ranch P.U.D., Phase l
I j-SeP'PP 36
ilillll l]lt lilill ilil l!ilil illlll llllll lllllL|ll llll'sVgtC{ @itlr,tzoss sq,we 87447 P930 I'l RLSDoRF
fi-;i 81 R 406 .o@ D 0.00 GRRFIELD couNTY c0
E. TheDesign Review Board niay avai'l itselfof othertech:iical and profbssiorral
advice ar:d consultants as its deems appropriale, a:rd tlre Desigrr Review Boa:'d may delegate its plar
review responsibilities, except final revierv and approva.l, to one or nrore of jts nrembers or to
consultarrtsretair:edbytlreDesignRevjewBoard. Uponthatdelegation,tlieapprovalordisapproval ,of plarrs a:rd specifications by such nrember or consultant will be equivalent to apltroval oy'
disapproval by the entire Design Review Board.l
Section 16.7 Expenses. Except as provided in this Section below, all expenses of the
Design Review Board will be paid by the Association and will constitute a Common Expense. The
Design Review Board will have the right to charge a len for each application submitted to it for
review, in an arnount which may be established by the Design ReviewBoard from timeto time, and
such fees will be collected by the Design Review Board and rernitted to the Association to help
defray the expenses of the Design Review Board's operation. Further, the Design Review Board
may retain flre services of a third parfy consultant to assist the Design Review Board in reviewing
aparticular application. In such event, the Design Review Board may charge the applicant for the
professional fees incurred in retaining such consultant.
Section 16.8 Other Requirements. Compliance with the Association's designreview
Process is not a substitute for oompliance with County of Garfield building, zoning and subdivision
regulations, and each Owner is responsible for obtaining all approvals, licenses, and permits as may
be required prior to conrrnencing construction. Further, the establishment of the Design Review
Board and procedures for architectural review will not be constmed as changing any rights or
reskictions upon Owners to maintain and repair their Lots and improvements as otherwise required
under the Association Docurnents.
' Section 16.9 Limitation ofliability. NeithertheDesignReviewBoardnorany individual
Design Review Board member will be liable to any person for any official act of the Design Review
Board in connection with subrnitted plans and specifications, except to the extent the Design Review
Board or any individual Design Review Board member acted with malice or wilful wrongful intent.
Approval by the Desigr: Review board does not necessarily assure approval by the appropriate
govelrlmental or comrnission for the County of Garfield, Notwithstanding that the Design Review
Board has approved plans and specifications, neither the Design Review Board nor any of its
membbrs will be responsible or iiable to any Owner, developer or conh'actor with respect to any loss,
Iiability, claim or expense which may arise by reason or such approval of the construction of the
improvernents. Neither the Executive Board, the DesignReview Board, nor any agent thereof, nor
Declarant, nor any of its partners, employees, agents or consultants will be responsible in any way
for any defects in any plans or specifications submitted, revised or approved in accordance with the
provisions of flre Association Documents, nor for any strctural or other defects in any work done
according to such plans and specifications. In all events the Design Review Board will be defended
and indenurified by the Association in any such suit or proceeding which may arise by reason of the
Desigrr Review Board's decisions. The Association, however, will not be obligated to inden:ni$
each ntember of flre Desigi Review Board to the extent that any such member of the Design Review
D eclaration. of P ro tective Covena nts
Rose Ranch P.U.D., Plzase l
I 3-Sep-99 37
ltfilll lIlll Illlll lll llllll illlil lllil lil llllll lil lIll
623133 O3/t8/2O03 O4zO1P 81447 P931 1'l RLSDORF
48 of 81 R 406.00 D 0.00 GRRFIELD COUNTY C0
Board is adjudged to be liable for n:alice or wilful wrongful intent in the perfontlartce of hjs duty as
a :rember of the Design Review Board, unless ald tl:en only to the extent that the couil in which
such action or suit niay be brought detenlines upon application that, despite flre adjudication or
liability but in vjew of all circumstances of the case, such 1lerson is fairly and reasonably entitled to
indenrnification for such expense as such court shall deen: proper.
Section I6.I0 Erforcement.
A. A.ny member or auflrorized consultarit of flre Design Review Board, or any
authorized officer, Director, ernployee or agent of the Aiisociation may enter upon any Lot at any
reasonable time after notice to the Owner, wiflrout beir:g deemed guilty of trespass, in order to
inspect im:provements constructed or under construction on the Lot to determine whether the
improvements have been or are being built in compliancewith ttre Association Documents and flre
plans and specifications approved by the Design Review Board.
B. Before any irnproyernents on a Lot may be occupied, the Owner of the Lot
will be reqi.rired to obtain a temporary certificate of compliance issued by the Design Review Board
indioating substantial completion of the improvements in accordance wiflr the plans and
specifications approved by the Design Review Board, and imposing such conditions for issuance of
a frnal certificate of compliance issued by the Design Review Board as the Design Review Board
may detennine appropriate in its reasonable discretion. Without limiting the generalip of the
preceding sentence, the Design Review Board may require that the Owner deposit with the board
such sums as may be necessaqr to complete the construction and landscaPing on the Lot by a
specified date. If the constmction and landscaping is not completed as scheduled, the Design
Review Board may apply the deposit to cover the cost of completing the work and enforce such other
remedies as are available to the Association for the failure of the Owner to comply with these
covenants, including, without lirnitation, the remedies set forth in this Section.
C. Upon completion of consfirrction, the Design Review Board will issue an
acknowledged certificate of compliance setting forth generally whether, to the best of the Design
Review Board's knowledge, the irnprovements ori a particular Lot are in compliance with the terms
and conditions of the Design Guidelines
D. Every violation of tirese covenants is hereby declared to be and to constitute
a nuisance, and every public or private rernedy allowed for such violation by law or equity against
a Member will be appiicable. Without iimiting the geuerality ofthe foregoing, these covenants may
be enforced as provided below:
to abidebytrreDesig"g*,"#'i"?o'ilil-Yff3:,Tj,'ffiJi,?,lJJ;1[il['f,*:H,1;,t*Ji:
obtain ar:y required approval fron: the Design Review Board.
D eclaratiott of P rotective Co vena nts
Rose Ranch P.U.D., Phase l
l3-Sep-99 38
ilfilll Hill illlll illl illlll llllil lllll lil ll!Ill !ll lill
623133 O3/!8/2OO3 O4zO1P 87447 P932 1'l RLSDORF
49 of 81 R 406.0O D 0.00 GRRFIELD C0UNTY C0
(ii) Tl:e Association, upon request of tlie Design Review Board and after
reasonable notice to the offender and, if diffbrent, to the Owner, rnay enter upon al'ly Lot at any
reasonable tinle after notice to the Owner, witlrout being deenred guilty of trespass, ard renrove aty
inrprovenrent conshucted, reconshucted, refinished, allrred or n:aintajned in violation of these
covenants. The Owner of the i::rprovement will inmrediately reirnburse the Associ.atior: for all
expenses incured in connection with sucl: renroval. If the Owner faiis to reimburse the Association
wjfliin thi:ty (30) days after the Association gives [he Owner notice of the expenses, the sunr owed
to the Association wiil bear intbrest at tlie deflult rate fi'onr the date of .tlre advance by fte
Association tJuough the date of reimburs,ement ir: firll, and all such sums and interest will be a
Default Assessment enforceable as provided in Article XI.
(iii) All improvetnents commenced on the Property will be prosecuted
diligently to completion and will be cornpleted within one (1) year after corlrnencement, unless an
exception is granted in writir:g by flre Design Review Board. If an irnprovement is cornmenced and
construction is then abandoned for more than ninety (90) days, or if construction is not completed
within the required one (1) year period, then after notice and opportunity for hearing as provided in
the Bylaws, the Associatior: may impose a fine of $1,000 per day (or such otherreasonable amount
as the Association may set) to be charged against the Owner ofthe l-ot until constnrction is resumed,
or the improvement is completed, as applicable; unless the Owner can prove to the satisfaction of
the Executive Board that such abandonment is for circumstances beyond the Owner's contol. Such
charges will be a Default Assessment and lien as provided in Article XI.
Section 16.11 Bindine Effect. The actions of the Design Review Board in the exercise of
its discretion by its approval or disapproval of plarrs and other information submitted to it orwith
respect to any other matter before it wilt be conclusive and binding on all interested parties.
P Ro P E"'SIl?fi{H, crr o N s
Section 1?.1 General Restriction. Subject to Declarant's rights under this Declaration, the
Property will not be used for any purpose other than as set forth in these covenants, as permitted by
any applicable ordinances of flre County of Garfield and flre iaws of the State of Colorado and the
United States, and as set forth iu the Association Docunrents or otirer specific recorded covenauts
affecting all or any part of the Property.
A. Use of Lots. Subject to Section 17.5, which pennits certain business uses of
a Lot, and Section 3.5.F, whicir pennits rnodel residences and offices under cettailr circuntstances,
each Lot rnay be used only for residential purposes iu accordance with the restrictions applicable to
a particular Lot set forth in this Declaration, the PIat, P.U.D. Resolutions of Approval aud P.U.D
Map. No business or commercial building may be erected on any Lot and, except as noted above,
no business or comrercial enterprise or other non-residential use may be conducted on any parl of
a Lot.
D eclar atiott of Pro tectit'e Cov enants
RoseRanch P.IJ.D., Phase l
I j-Sep-99 39
ilfiilr ilil iltu llll llllll illlil llill lll llilll 1l ul
ezErsg o3/18/2@o3 o4:o1? 81447 P933 l'l RLSDoRF
50 of El R 406.O0 D 0.00 GRRFIELD COUNTY C0
. B. Excavation. No exeavation will be ma.de except iti con:rection with
inrprove:nents approved as provided in these covenants. For pu4roses of this Sectiott, "excavation"
neans any disturbance of the surface of tlie land which results itt a removal of eat1h, rock, trees, or
otlrer substu'rce adepth of more l.hal eighteen (18) inches below the natural surface of the lar:d'
C. Water and Sanjtation. Eac,[ structure designed for occupa:rcy shall connect
wjth the sanitation facilities made available by the Roaring Fork Water and Sanitation District and
the domestic and irrigatiol facilities made availableby the Association and/or other approved utility
provider.
D. WellslDrilline. No well fronr which water, oil or ga.s is produced will be dug,
r:or will storage tar:ks, ;"**"irr, * ar:y installation ofpower, telephone or other utility lines (wire,
pipe or conduit) be made or operated anywhere on the Properfy except in corulection with water
*"ttr and worki operated Uy puUtic agencies or duly certified public utility companies; provided,
however, that the foregoingwill not pievent the drilling of or installation of additional water wells
by Declarant or its *rigrrr. The driiling or excavation for minerals shall not be permitted on the
Property
E. Antennae. No exterior radio, television, microwave or other anterulae or
antennae dish or rign"t ""ptrr" *d distribution device will be permitted without the prior written
consent of the Design Review Board, and appropriate screening
F. Siens. No signs of any kind will be displayed to the public view on or from
anyportion ofthePropeflexcept signs ofDetlarantoritsaffiliates, assigns ordesignees established
during the period ofDeclarant control ofthe Executive Board (including, without limitation, certain
informational, directional and multi-family project signs) or signs required by law or signs approved
by the Design Review Board. No "For Sali".or'Tor Rent" sign may be posted on any Lot, except
for standard "for sale" or "for renf' signs that do not exceed four square feet.
G. Animals andPets. No alimals, livestoclg orpoultryofanykindwillbekept,
raised, or bred on any portion of the Property, except dogs (subjegt t9 -the linritations in
Sectiol XVIII herein), cats or oflrer household pets (the kiud and uumber ofwhich may be regulated,
pemritted or prohibited from time to time by the Association Rules).
H. Containment. Household pets, such as dogs and cats, may not be permitted
to nrn at large at any t *;. ihorse pets which, in the solediscretion of the Executive Board, urake
objectionabl" nois", endanger the healtli or safety of, or constitute a nuisance or ilrconvenience to
flrJ occupants or other Lots or wild.life shall be reuroved upon request of the Executive Board. If the
pet owner fails to honor such request, flre Executive Board may relnove the pet.
. I. Drairia.ee. No O.ivner will do or pennit any wort, place any landscaping or
instali any other improvenienis or suffer the existence of any condition rvhatsoever which will alter
Declaration of Pro tective Covenan ts
Rose'Ranch P.U.D., Phase l
I 3-Sep-99 40
ilrillt Hilt iltffi illt l]ilt ililil lllll lil l[ll! il m623133 O3/78/2OO3 @4tO7P 81447 p934 it RLSDORF51 of 81 R 406.sO D 0.00 GARFIELD COUNTY CO
or interfere with tlie drainage pattem for the Propefiy, exceflto tlie extent sucll alteration a.1:d
drainage pattehr is approved in writing by the Design Review Board or the Executive Board, and
except for rights reserred to Declarant to alter or change drainage paltems.
J. Construction Regulalions of the Design Guidelines. A11 Owners and
contractors will courply with the portions offlre Design Guidelines regulating constructiorr activities.
Such regulations nray affect, wiihout limitation, tihe following: traslr and debris removal; san.itary
facilitiei; parkir:g ,r"^r; outside storage; restoration of danraged property; conduct and behavior of
builders, iubconLactors a:rd Owners' representatives on the Properfy at any time; the conservation
of landscape nraterials; and fire protection.
K. Blastine. If any blasting is to occur, theDesign Review Board and Declarant
will be informed far enough in advance to allow fliem to rnake such investigation as they deem
necessary to confirm that appropri.ate protective measures have.beeu taken prior to flre blasting. No
blastingshalloccurwithouisuclipriorwrittenapproval. Notwithstandingtheforegoing,n!?PProval
of any blasting by Declarant of the Design Review Board will in any way release the person
conducting the blasting from all liabitity in-connectionwith the blasting, nor will such approval in
any way be deemed to make Declarant or the Design Review Board liable for any damage whictr
.nay ociur from blasting, and the person doing the blisting will defend and hold harrnless and hgreby
indemnifies Declarant *a tfr" Design Review Board from any suoh expense or liability. Declarant
or the Design Review Board may impose any reasonable conditions and restrictions, including time
and date restrictions, on all blasting.
L. Temporary Stnictures. No temporary stnrctures will be permitted except as
rnay be determined to U" rr.,"..r".y a*i"g constuction and as specifically authorized by the Design
Review Board.
M. No Conversion. No Owner shall constuctor convert any carport, girage, attic
or other unfinished rp""r, ott u than a basement, to finished space for use as an apartment or other
integrai part of the living area on any residence without approval of the Design Review Board, the
Associatiou and the Garfield County Building Department
N. No Outside Clotheslines. No laundry or wash witl be dried or hung outside
on flre Property.
O. Motorized Vehicles. No huclcs, trail.bikes, recreational vehicles, motor
homes, motor coaches, snowmobiles, campers, trailer, boats orboat trailers 9r sfnilanre\icles, other
than passenger autonrobiles or pickup or utility trucks with a capacity o(one-half tou or$s, ?t *{
other motorized vehicles will be parked, stored or in any.marurer kept d"plaee&on-an-y portton-ot
the Property except in an enclor"iig^rrgr. This restrictiou, however, will noibe deemed to prohibit
con:mercial and construction vehicles and conshuction mobile offices, in the ordinary course of
business, fronr r:raking deliveries or othenvise providing services to the Property or for Declarant
or tlie other Owners.
Declaratiotr of Prote.ctive Cot enants
Rose Ranch P.U.D., Phase l
I j-Sep-99 4l
l[fllt rilll llllll ]ll lllll llllil llil lll llillll ll llll
623133 @3/L8/2OO3 04:@7P 81447 P935 n RLSDORF
52 of 81 R 406.00 D 0.O0 GARFIELD COUNTY c0
P. Parlcing a:id Auto Repair. No autonrobiles ol other vehicles will be parked
in a:iy street or upol'l aly porlior: of the Properly, except within garages, carpofls or designated
parking areas, except as provided herein. No work on autonrobiles or other vehicle repair will be
perfonned in any visible or exposed porlion of the Property except in emelgencies.
a. Abandoned. Inoperable. or Oversized Vehicies. No abandoned or inoperable
vehicles of any kind will be stored or parked on any portion of the Property, other than within
enclosed garages, except as provided below. "Abandoned or irrop " is defined as ary
vehicle which has not been driven under its own propulsiolt for a period of tluee weeks or longer;
provided, however, this will not include vehicles parked by Owrers while on vacation or residing
away from the Property. A written uotice describiug the "abandoned or inoperable vehicle" and
requesting its removal may be personally served upon the Owner or posted on the unused vehicle.
If such vehicle has not been removed within seventy-tw o (72) hours after notice has been given, the
Association will have the right to remove flre vehicle without liability, and the exPeuse of removal
will be a Default Assessment charged against the Owner.as provided in Section XI. All unsightly
or oversized vehicles, snow removal equipment, garden maintenance equipment, and all other
unsightly equipment and machinery may be required by Declarant or the Executive Board to be
stored at a designated location or locations. "Ove[sized" vehicles, for purposes of this Section, will
be vehicles which are too high to clear the entrance to aresidential garage.
R. Outside Burnins. There will be no exterior fires, except barbecues and
braziers and incinerator fires contained within facilities or receptacles and in areas designated and
approved by the Design Review Board. No Owner will permit any condition upon its portion of the
Propelt5l which creates a fire hazard or is in violation of fire prevention regulations. No Owner shall
permit any fireworks, except as permitted by the ruIes of the Association and in compliance with
applicable law.
S. Noise. No exterior horns, whistles, bells or oflrer sound devices except
security devices used exclusively to protect the security of the Property or improvements, will be
placed or used on any portion of the Properfy.
T. Liehtine. All exterior lighting of the improvements aud grounds
Property, or interior lighting visible outside of aly building, wiii be subject to regulation
Design Review Board.
U. Obstmctions. There will be 1o obstruction of any walkways or bike paths or
interference with the free use of those waikways and paths except as may be reasonably required in
connection with repairs. The Owners, their farnilies, tenants, guests and invitees ae granted
nou-exclusive easements to use the waikways aud paths within the Properly. That use will be
subject to the Associatiou rules adopted by tire Executive Board fi'onr time to time.
D eclaratiort of Protective Co\,en.ants
Rose Ranch P.U.D., Phase l
I 3-Sep-99
on the
by the
42
rffiill rlllt illlll llll lulll llllil ffill lll lllllll !l LIII :
ozEa3 ggtfitzog3 @4to7P 8,447 P936 1'l RLSDoRF
53 of 81 R 406.OO O 0'00 GRRFIELD C0UNTY C0
V. Trail Restrictions. Ary trail easenrents shown on tlie Plat, as contrasted to
Roads, are restficted to hiking, cross-coutltry skiing, snowshoeir:g ar:d nrountaiu bikir:g. No
nt otorized vehicles are per::ritted on the trail easer:terrts, provided, lrowever, the right to use golfcarts
upon the trajl easerlents depicted upor: the Plat as "GoU'Easetnents" shall be per:nitted so long as
th.e golf cart is used fbr trar:sportation to or fron: the Golf Course or during the nonnal course ofplay
of golf upon flre Golf Course.
consrrucred",;Y;,,,nffi ".,Yragl,"i;r[1hl;ir#,]TJ',#'ili"'Jarrbe
X. Can:pir:e an.d Picnickins. No carnping or picnicking will be altowed within
the Property except in those areas designated for those purposes. The Executive Board, in its
discretion, may ban or permit public assemblies and rallies within the Property.
. Y. HouseNumbers. Each dwelling unit will have ahousenumberwith a design
and location established by the Design Review Board.
Z. Nuisance. No obnoxious or offensive activity will be carried on within the
Property, nor will anything be done or permitted which will constitute apublic nuisauce. No noise
or other nuisance will be permitted toLxist or operate upon the Properfy so as to be offensive or
detrimental to any other part of the Property or its occupants.
AA. Hazardous Material. No hazardous or toxic nraterials (as defined under bny
local, state or Federal law, regulation or ordinance) will be stored, generated, emitted from, released
Fo*, transported to or from, disposed of or used on the Property, except for normal household
purposes in such quantities as do not violate environm'ental laws.
BB. Water IJse. Lawn and garden irrigation from the Association's domestic
water system shall be limited per Lot to no morethan tenthousand (10,000) square feet.
CC. Sewage Disposal. No sewage disposal system, sanitary system, cesspool or
septic tank shall be constructed, altered or allowed to remain or to be used on any Lot except as
providedherein. All Lots wiflrin tire Property shall be connected to a central sewage disposdl system
operated and uraintained by Roaring Fork Water and Sanitation District or such other water and
sanitation district or govenlnental or quasi-governrnental agency providing sewage disposal services
to the Property. Any sewage disposal system installed for Property within the Property shall be
subject to applicable laws, rules and regulations of a:ry goveuurental authority having jurisdiction.
DD. Wetlands. No improvement sirall be constructed wiflrin 25 feet of any
Wetlands bour:dary as depicted upon the Plat, and no residence shall be constnrcted outside the
borurdaries of the building envelope existing upon certain Lots as depicted upon the Plat.
D eclaratiort of Protectiv e Covenants
Rose Ranch P.U.D., Plrcse l
I j-Sep-99 43
LlIIil ililt iltffi !ilt tililt ililll ilil1 til ltilill ll lIIt623133 O3/18/2OO3 O4t@7P 8L447 p937 tt PLSDORi
54 of 81 R 406.@O D 0.00 GARFIELD coUNTy CO
ulron any Lot.
EE. Tanks. No elevated tapks of any kind sha.ll be erected, placed, or penrlitted
FF. General Practices Prohibited. Tlre following practices are prohibited at tl:e
Property:
(,) Allowing construction suppliers a:.1d contractot's to clean their
equipnrent other thar ai a location designated for that purllose by the Design Review Board;
(ii) Removing any rock, plant material, top soil or sinrilar iterns from any
property of others;
(iii) Carrying firearms on the Property;
(iv) Use of surface water for construction;
(v) Careless disposition of cigarettes and other flamrnable materials;
(vi) Capruring, trapping or killing of wildlife within the Property, except
in circumstances posing an imminent threat to the safety of persons using the Property; or
(vii) Any activity which materially dishubs, threatens or destroys the
vegetation, wildlife, wLUanas, oiair or w;ter quality within the Property or which use excessive
aniounts of water or which result in unreasonable levels of sound or light pollution.'
Section 17.2 Use of Propertv Durine Construction. It will be expressly permissibte a1d
proper for any. O*"r
""tirrg
*ith tlr" prior. *rittrn consent of the Design Review Board and for
becnrant, and flreirrespectiie employeLs, ager:ts, independent contractors, successors, and assigns
involved in the constnrction of imirovementi on, or the providing of utility sewice to, the Properly,
the Golf Course, or other real pioperty owned by Detlarant, to perform such activities and to
maintain upon portions of the Common Area
"s
th"y deem necessary such facilities as may be
reasonably-required, couvenient, necessary or incidental to such construction and development of
the Property. 'it ir permission specifically includes, without lirniting the generality of the foregoing,
maintainilg storage areas, colstruction yards, model residences, sales offices, mauagement offices
and equipmeut and sigrrs. However, no activity by any Owner will be performed and no facility will
be maintairied on anylortior: of the Propefty in such a way as to urueasonably interfere with the use,
enjoynrelt or access of such Owner or iris tenants or guests of aud to his Lot' If any Owner's use
u"a"r this provision is deened objectionable by flre Design Review Board, theri the Design Review
Board, in its sole discretion, may withdraw this penlissiou.
Section 17.3 Partition or Combination of Lots. No part of a Lot may be pardtioued or
separated fi'om any other part tirereof. No Lots may be combined, but tire Owner of two or rnote
contiguous Lots ruay buiid ole single family dwelling unit on the contiguous Lots, upon complying
D eclar otion of Protecti'e Covena nls
Rose Ranch P.U.D., Phase l
t 3-Sep-99 44
rlIIil ilil| lffi llll illlil illlil lllll lil ffillll il llll
623133 O3/78/2O@3 O4:O7P 81447 P938 l'l ALSDORF
55 of 81 R 406.OO D 0.00 GRRFIELD C0UNTY C0
wjth all appiicable requirements of the County ofGar'field, and with all applicable Design guidelines,
iricluding, without linlitation, procedures for adjusting building sites otlienvise drawn for *re Lots
to acconrnrodate alat'gu dwellir:g unit, minimunr a:rd nraxin:unr linritations of living at'eath.almay
be constructed on any given nun:ber of con.tiguous Lots, ard n:easules necessary to preserve any
easenrents resered with respect to tJie contiguous Lots.
The fact that two or more contiguous Lots n::ay be owned by one person and develolred with
one single fanrily dwellir:g unit will r:ot affect thq nurnber of votes or the anrount of Assessments
allocated to the Lots. If the Owner is required by the County of Garfield or a"rly other governmental
authority or by a Mortgagee to replat the Lots in order to construct improvements on the Lots, the
number of votes and the allocation of Assessnrents to ftelots after replatting will equal the sunr of
the votes and Assessments allocated to the Lots before replatting. Each Lot will be conveyed,
transferred, gifted, devised, bequeathed, encumbered or otherwise disposed ol as tho case may be,
with all appurtenant rights and interests created by law or by this Declaration, including the Owner's
nrembership in the Aisociation and the right to use the Common Area, and with the appropriate
aliocation of voting rights and liability for Assessments established for flre Lot as provided in.this
Declaration.
Section 17.4 Leasine. The Owner of a Lot will have the rigirt to lease his Lot subject to the
following conditions:
(viii) All leases will be in writing.
(ix) The lease shall be specificalty subject to flre Association Documents,
and any failure of a tenarit to comply with the Association Documents will be a default under the
lease, enforceable by flre Association.
Docume,ts cornmitted$*" *","?{[TJl$,fi:"[:i5,ff"T',,#3*',i:1,."i;T*:T::",*]
sums by the Owner on behalf of the tenant.
Section 17.5 Businesses. No Owner shall conductanybusiness, trade, garage sale, moving
sale, rumnrage sale or similar activity on any Lot, except that an Owner or occupant residing on a
Lot rnay cond.uct business activities within the residence so long as: (a) tire existence or operation
of the busiuess activity is undetectable to the senses of sight, sound or srnell fronr outside the
residence; (b) the business activity confonns to all zoning requirements'for the Property; (c) the
business activity may be carried out withir: the confines of the residence and is free fronr regular
visitation of the residence by clients, customers, suppliers or other business invitees or door'-to-door
solicitation ofresidents of tire Property; and (d) the business activity is consistent with the residential
character of the Property; or such business activity satisiies the definition of home-based day care
contained within the zone district text for the Rose Ranch P.U.D.
Dcclaratipn of Protectitte Covenanls
Rose Ranch P.U.D., Phase I
I j-Sep-99 45
ltHilt Hilt ilillt ilr illlll illl!l lllll lll llllll ll ffil
623133 O3/L8/2@@3 @4:O7P 81447 P939 l'l CLSDORF
56 of 81 R 406.OO D 0.00 GRRFIELD COUNTY C0
This subsection shall not apply to any activity conducted by the Declarant or a builder
approved by the Declarant with respect to the developrnent and sale of the Property, or the
Declarart's use of any Lot.
Sectionl7.6 ConlpliancewithLaws. Subjecttoflierightsofreasonableconlest,eachOwner
willpror:rptly co:nply wjth tlre provisions of all applicable laws, regulations, ordinauces, atd other
govemrnental or quasi-govenurental regulations with respect to all or any porlion of tlie Propetty.
Eaclr ownq-will abide by any wildlife regulations irnposed by the Association or any agency or
authority having jurisdiction over the Property.
Section 17.7 Enl"orcen:ent. Notwithstanding anything in the foregoing to tlre contrary, the
Executive Board may prohibit any activity, business or otherwise, which, in the sole direction of the
Executive Board, conititutes a nuisance, or'ahazardous or offensive use, or threaten.s the security,
safety, or quiet enjoyn:ent of otirer residents of the Property. The Association may take such actign
as it deems advisable to enforce these covenants as piovided in this Declaration- In addition, the
Association will have a right of entry on any paxt of the Properly for purposes of enforcing these
Articles, and auy costs incurred by Ure Assoiiation in connection with such enforcement which
remain unpaid thirty (30) days after the Association has given notice of the cost to the Owner and
otherwise complied with Alt will be subject to interest at the default iate from the date of the
advance by the Association through the date ofpayment in fuII by the Owner, and will be teated as
a Default Assessment enforceable as provided in Article )C[.
Section 17.8 Use of the Words "The Rose Ranch" or Loso. No Person shall use the words
"The Rose Ranch" or "rry A-rivative thereof, or any other name given to the Properly by the
,Declarant, or the logo ofthe development in any printed orpromotional material without Declarant's
prior writte,n consent. HoweveL Owners muy *" thJterm "The Rose Ranch" in printed or
promotional rnatter where such term is used solely to qpeciff that particular properfy is looated
within The Rose Ranch ar:d the Association shall each be entitled to use the word "The Rose Ranch"
in its name
Section 1 7. 9 Agreernents with Adi acent Propertv Owners. The owners of some or all of the
louesidential propertGs adjacent to the Properfy rnay be obligated to share iu certain costs
associated wiflrihemaintenance, repair, replacementand insuranceofportions ofthe CommonArea,
if any, which are used by or benefit jointly the owners of such rromesideutial properties and-the
Owners within the Property, by agreement, contract or covenant to share costs. The owners of the
nonresidential properties shall not be subject to the reshictions contained in this Declaration except
as otherwise specifically provided herein.
ARTICLE XVIII .
A.DDITIONAL RE STRICTIO NS FOR VI'ILDLIFE PROTECTION
f'
Dectaratiott of Protecctive covet*nts
Rore Ranch P.U.D., Phase I
l3-Sep-99 46
il!!lll illll lIllll llll llllll llllil llill lil lllllil ll ll!l
623133 O3/78/2OO3 o|zllP 81.447 P940 I'l RLSD0RF
57 of El R 406.O0 O 0.00 GRRFIELD COUNTY c0
Section 18.1 WildlifeRestr-ictions. hrordertopreselve,protectar:dpromotethewell being
of Tlre Rose Ranch's existing wildlife, the use of the Properly, and eacli Lot tliereon, a::d the rights
and easerirer:ts of enjoynrent in and to flre Conr::lon A:'eas created hereunder arerestt-icted as follows:
A. Access to, entty upon and/or use of thal porliorr of Property identified aud
depicted upon flre Plat as tlre BIue Heron Conservation Easement is expressly subject to ar:d shall
be govemed by all the tern:s, conditions and reptrictions set forlh in the Grar:t of Conservatior:
Easement executed by Roaring Fork Investmerits, LLC and the Roaring Fork Conservancy/.v-iq^ ,W*and filed for record in the Office of the Clerk and Recorder
GarfieldCounty atBool@Pagez+eandReceptionNfogrr2n //-S?e,29,f.
on
for
B. Access to or entry upon that portion of flre Property lying west of County
Road 109 C Weslen: parcel") shall be closed to the public and to Members froui December l"'
tt}rough March 3l't each yea]'; provided, however, Declarant reserves unto itselfl its agents,
successors and assigns tlie right to use any portion of such property for the puryose of maintaining
the Golf Course.
C. Access to or entry upon that portion of the Westem Parcel identified and
depicted upon the Plat as the Golden Eagle Protection Zone shall be closed to the public and
Members from March l5th to July I't each year.
D. The Association shall be responsible for the continued maintenance and care
of the Witdlife Improvements constmcted and installed on the Properly by the Declarant identified
below: ) .
described on the pr"t, ,t)e"r*#::i;trt:Hfl'r'ffjH"t'edatthePrimaryoverlook'identifiedand
reporttitred,nBco#'ulNp"HJi,tJFt'f, HHiSiH[T',H"diHHEj,ffi l'sil$H$$;
RAI*ICH DEVELOPMENT WEST OF COUNTY ROAD 109, prepared by Beattie Natural
Resources Consulting, Inc. on October 22, LggS,as the same may be further amended or altered by
the Declarant with the approval of the Colorado Division of Wildlife;
LotsT0-80and108.1,$,i],",3::,ff lJ:l[:i,Ti?ff#'#iTi*1i]'"*t:tl,TH'ffitili
Heron rookery;
(iv) the vegetative screening installed along flre nofih boundary of the
Teller Springs Buffer, identified and depicted on the'Plat; anC
(v) the artificial nesting platform(s) installed witliin tlre Blue Heron
Coi:seration Easement.
D rclaratiort of Pro tectitte Covena nts
Rose Ranch P.U.D., Phase t
I 3-Sep-99 47
ilililr lllll illlll llll lillll lilH lllll lil lllllll I I-Illai{tC{ oittatzost @4 o1P 81447 Ps41 I'l RLSDoRF
58 of 81 R 405.O0 D 0.0CI GARFIELD C0UNTY C0
E. All a:'eas identified an{ depicted upon the Plat as Ripar-ia:t A.r'eas shall be
preiserved in flreirpresent natural character and conditjon to as greatadegree as possible and no
activity slrall bepen:ritted thereorr which shall nrodify oralter their existirtgcharactnt'and conditior:.
No tree or vegetation rernoval shall be per:nitted within the Ripariarr Areas
except as may be necessary, in tlre deternrination of flre Association, to remove a dargerous
condition or to conhol an invasive species.
G. Tlre area identified and depicted on the PIat as the Teller Springs Buffer Zone
shall be n:aintained in sage brush or other natural vegetation
. H. Access to or ent4r upon that area identified and depicted on the Plat as the
BlueHeronProtectiouZone shall be closed io thegeneralpublicandMembersFebruary 15s through
Juty 15'h.
I. No rnore flra.n t ,yo (2) domestic animals shall be permitted to be kept upon any
Lot. Lot Owners shall be entitled to keep dogs on their property pursuant to the following
restrictions and limitations and subject to any additional nrles and regulations which may be
prornulgated by the
";"'"t;"
more than one dog, incruding puppies, sha, u" t.et uv any Lot
Owner at any time upon any one (1) Lot.
(ii) Dogs shall be kept under the confrol of their Owners at all times and
shall not be permitted to run free or to cause a nuisance iu the Property. No dogs shall be allowed.
beyond the boundaries ofthe Loi owned by the person(s) where the dog is housed unless leashed and
accornpanied by a person in full control of such dog.
(iii) Dogs shallnotbe allowedtobarkcontinuously, whichshallbedefined
as barking for a continuous fifteeu (15) minute period, including successive barks or a series ofbarks
which repeat or resume following a brief or temporary cessation.
(iv) W1ren not accompanied by a person, all dogs shall be leashed, chained,
"electric fenced," or kenneled. The location of kenneis shall be subject to review of the Desigr
Review Board.
(v) All dogs shail be kept reasonably clean, and all Lots sirall be fi'ee of
refuse and auinral waste.
(vi) Should any dog chase or rnolest deer, elk or any domestic animals or
percons, ordestroy or distui'b property of anoflrer, flie Association shall be authorized to prohibit the
Deelaratiott of Prct ectfu e Cot'enan l.s
Rose Ranch P.U.D., Phase l
I j-Sep-99
F.
be
48
llillil illll ililll !ilt l]ilt lillll ililt H ilfi1[ illllt
62s133 @3/78/2@03 O4:O1P 87447 P942 I'l RLSDORF
59 of 81 R 406.OO D 0.0@ GRRFIELD COUNTY C0
Owner or any tenart, invitee, eyent, guest or otlter user of a Lot ii'or:r continuing to maintain the
offendir:g a:rinral on his property and nray dispose of thal arinral, if necessary, to protect wildlife or
otlrer Owners, Persons or property. The offending dog owr:er shall be provided written notice of
such actiot: at least t"wo (2) days be{bre disposa.l occurs. Wifl:in such two (2) day period, the
offending dog shall be kerueled at alicensed kemel. All charges associated with action taken by
theAssociation nray be assessed against eitirer the Owner andlor the dog owner,.orboth, at the
Association's sole option.
(vii) Notwithstanding the fbregoing, no animal nray be kept upon aLot
which, irl flre sole discretion and judgment of the Executive Board results in any aunoyance or is
obnoxious to Lot Owners wiflrir: the Subdivision.
J. The Association and all Lot Owners are prohibited from chasing, scaring,
disturbing, hazing,or otherusing any oflrer form ofharassment to coerce biggame(deerand/orelk)
off of the Golf Course or Common Area.
K- TheAssociationandallLotOwnersherebywaiveandshallholdtheColorado
Division of Wildlife harmless from, any and all claims for damages to landscaping improvements
or omamental plants located on the Lots or Common Area resulting from the activities of big game
(deer and/or elk).
L- The Association and the Lot Owners shall beresponsible fortheremoval and
Proper disposal of all animal carcasses located upon the Common Area or Lots, as may be
appropriate.
M. The Association shall assess and enforce penalties against Owners violating
any of the wildlife restrictions set forth in this Section 18.1 as follows: One Hundred Dollars
($100.00) for the first violation committed by an Owner; Two Hundred Dollars ($200.00) for the
second violation; Three Hundred Dollars ($300.00) for the third violation; and for each zucceeding
violation the fine increases in One Hundred Dollar ($ 100.00) increments. The dollar amounts of the
fines.may be changed upon the approval of the Executive Board.
N. The restrictions of this Section 18.1 shall be enforceable in perpetuity and
shall not be amended or terminated by action of flre Association, Owners or Declarant nor by any
provision for termination of this Declaration. The restrictions of tiris Section 18.1 shall be
enforceable in any and all maluter provided in this Declaration by the Association, Owners,
Declarant, Garfield County or any state or federal agency charged with the preservation ofwildlife
and wetlands ar-eas. A-ny such enforcernent action shall entitle the enforcing party to recovery of
dau:ages equal to the cost of restoration of tire property, and such enforcing party shall be entitled
to an award of reasonable attomcy fees and costs of enforcement, including but not.limited to court
costs, expert witness fees, costs of depositions and exhibits.
D eclaration of Pro lectitte Coyenan ls
Rose Ranch P.U.D., Phase l
I 3-Sep-99 49
t[ilil illl illlll llll Hill illlll lllll lil ll]lll ll llil
623133 @3/t8/2@O3 O4:@1P 81447 P943 11 ALSDORF
60 of 81 R 406.00 D 0'00 GRRFIELD COUNTY c0
ARTICLE XIX
MORTGAGEE'S RIGHTS
The following provisions are for the benefit of holders, insurers, or guara:rtors of First
Mofigages on Lots. To the extent applicable, necessary, orproper, theprovisions ofthis Article XIX
apply to this Declaration and also the A:ticles and Bylaws of tlre Associatipn.
Sectiorr 19.1 ApprovalRequjren:ents. Unlessatleast 51%ooftheMortgageesholding First
Mortgages against any portior: of the Property (based oD one vote fbr each Mortgage owned), and
at least 67% of the Owners (other than Declarant) liave given flreir prior written approval, the
ion shall not be entitled to:
(i) By act or omission seek trc abandon, partition, subdivide, sell, or
transfer all or part of the Conrmon Area (provided, however, that the granting of easements or rights
of way for public utilities or for other public purposes consistent with the intended use of such
Common Area shall not be deemed a transfer within themeaning of this clause);
(ii) Subject to the expansion rights of Declarant set forth in Article XV,
change the method of determining the obligations, Assessments, dues, or othei charges which may
be levied against an Owner;
Declaration, Ittr) Fail to. maintain insurance required to be maintained under this
(iv) Use hazard insurance proceeds for losses to im.fl6vsments in the' Common Area for other than the repair, replacement, or reconst:nction of such property.
The failure of a Mortgagee to obj ect in writing to an amendment within thirfy (3 0) days after receipt
of request for approval shall be deemed an approval of such amendment.
Section 19.2 Title Taken by Morteaeee Any Mortgagee holding a First Mortgage of
record against a Lot who obtains title to the Lot pursuant to remedies exercised in enforcing the
Mortgage, inciuding foreclosure of the Mortgage or acceptance.of a deed in lieu of foreclosure, will
be Iiable for all Assessrnents assessed against such Lot, whether such Assessrnents were assessed
prior to or after Mortgagee has taken title to such Lot.
Section 19.3 Dishibution of Insurance or Condenrnation Proceeds. In the event ofa
dishibution by the Association of iusurance proceeds or conderunation awards allocable among the
Lots for losses to, or taking of, all or part oltlr" Conunon Area, neither the Owner nor any other
persoil shall take priority in receiving the distribution over the right of any Mortgagee Who is a
beireficiary of a First Mortgage against the Lot.
Declaration of P ro tective Covenants
RoseRanch P.U.D., Phase l
I 3-Sep.99 50
llHilr Hlll llllll llll lillll llllll lllll lll lllllfi ll ruleigi3s @3/tl/2o@3 @4to1P 87447 P944 l'l fiLSDoRF
61 of 81 R 406.OO D 0.00 GRRFIELD COUNTY C0
Sectior: 19.4 Righl to Pay Taxes and Cha:'ges . Moflgagees niay, jointly or singly, pay taxes
or other charges which are in default ald wfiich may or have become a cl-targe against any Comnton
Area, and nra-y pay overdue prenriunrs onhazardinsurarce policies, or secure rtew hazard insurance
coverage on tlre lapse of a policy for such Com::ion Area.
ARTICLE XX
DUITATION OF COVENANTS AND AMDNDMENT
i
Section 20.1 Tenn. The covenants and reshictions of this Declaration shall n:n with and
bind flre land in perpetuity, subject to th9 termination provisious of the Act.
S ection 20.2 Arnendment. This Declaration, or any provision of it, may be amended at any
tinre by Owners t otOirg rrot t"rr Ur,at 67Yo of the votes possibl" to b" cast under this Declaration at
, *r"tirrg of the Owners called for that purpose, except as limited bY Article XIX. Any amendment
must be executed by flre President ofthe Asiociation and recorded, and approval of such amendment
may be shown by attachir:g a certificate of the Secretary of the Association to the recorded
insirument.certifying th" aiproval of a suffrcient numbei of Owners of the amendment' No
amendmentto the Dectarationwhich affects therights ofDeclarantreservedhereunder shall bevalid
without flre written consent of Declarant. Notwithstanding the foregoing, Declarant, acting alone,
reserves to itself the right and power to modify and a:nend this Declaration and"/or the Plat to the
fullest extent permitted under the Act. Further, the Executive Board may, prusuant to the provisions
of the Act, petition the district court in which ihe Property is situated to amend this Declaration as
provided in the Act.
Section 20.3 Revocation. This Declaration shall not be revoked, except as provided-in
Article XIV regaraing totat
"ouaemnation,
without the consent of all of the Owners evidenced by
a written instrument duly recorded.
ARTICLE )()tr
SPECIAL DISTRICT
The Association shall have the power, and is hereby autirorized, to contract with and to
"oop"r"i" with the Special Dishict in order to ensure thai their respective responsibilities 1e
discharged. The Association is furtirer authorized to act on behalf of its Mernbers to ensure that the
i"""i"ir"rrices provided by flre Special District, if created, is consistentwith the community-wide
standard.
Each Owner, by acceptauoe of his or her deed or recorded contract of sale, is deemed to
covenant and consent to the creation of the Speclal District and to executing a separate document
so conseutrng to the creation of the Special District, if requested to do so by the Declarant'
Declaratiott of Protective Covenants
Rose Ranch P.U.D., Phase l
I 3-Sep-99 51
'6;ti3t-@g /t8/?oo3 Hii*,i;to[*?i'83*'@4t@lP
e2-li-si-R 4oo .os e o'oo
ARTICLE XXII
GENERAL PROVISIONS
Sectiorl 22.I Declarart Powers
A. Notwithstar:ding a:ryLhing in this Declaration to the contrary, tlre Declarant
l:ereby reserves fte following special a."trr.rrt frghts to the fullest extent pennitted by the Act: To
conrplete inrprovements indicated on plats and nlaps filed witlr this Declaration or Supplernental
Declaration; to exercise any developnrent right (asdefir:ed in the Act); to nraintain sales offices'
;;;;;; offi""r, signs advertisirrg the Froperty and models; to use easetnents through the
Commop Ar-eas for the purpose of maki.g iurprovements within the Property or wiflrin real estate
which may be added to and made subjei to ttris Declaration; to make the Property subject to a
rnaster association; to merge or consolidate a common interest cornmunity of the sanre form of
ownership; and to appoint or relnove any officer of the Association ot anY Executive Board member
during any period oi Declarant controi. All such qpecial declarant rights shall, to the manimum
extent permitted by law, be exercisable by Declarant for a period of twenty (20) years after the
Declarant no longer controls the Executive Boird.
B. Notwithstanding anything to the contraqyherein' no rights 9'p:*"lt t":,:y:1
,a"r'rr.,"it'?-i.Tirr"i*" r'i*tutio* or iermissibie. extent of t:tl 1-g]Y;ffi'JT;"#;#;;;;',# A",;;_rffi;l,, tti' Decraration in connict with the
r -^r-i^- ^^ ^ ",L.^la l^rrt ahall heffiH##;?d Act shau not be a""m"d to invatidate such provision as a whole but shall be
I rl!ilt illll ululllt ilI1ILIJUI!.lIl[LtIl
rlf tuffi I
adjusted as is necessary to comply with the AcL
SecnonL?-.Z Enforcement. Except as otherwiseprovided in this Declaration' the Executive
Board, Declarant, or any Owner (provided the ExecutiveBoard fails to take action after reasonable
notice is given to the Executive Board by such Owner) shall have the right to enforce' by a
proceeding at law or in equity, all restrictions, conditions, covenants, reservations' liens' and charges
now orhereafter imposed by the provisions of this Declaration. Failure by the Executive Board of
theAssociation, Declarant, orby any Owner to enforce auy covenant orrestriction cbntained in this
Declaration shall in no event be deegreJ a waiver of the righi to do so thereafter' The prevailtng
party i' any legal action arising under this Declaration shall be entitled to reimbr:rsement of all costs
tf rurt aciiop inctudiug, without limitatiol, reasonable attotneys' fees'
Section 22.3 Severabilitv. Invalidation of any one of these covenants or restrictions by
judgrnent or court order strall iu uo way "tf""t any otheiprovisions which shall remain in full force
aud effect.
. Secti on2l.4 Conflicts Between Docunrents. In case of couflictbetween this Declaration
and the Articies and the Bylaws ofthe Ar*"i"ti".,r, tlris Declaration shall conh'ol' In case of conflict
between the futicles and flre Bylaws, tire Articles shall control'
Declarotion of Protectit'e C.ovena nls
RoseRanclz P.U-D., Phase I
I 3-Sep-99
o
52
r llilil il|il IIrllI ril ililil uilil ffi] til ilil il1il tilt
623133 @3/18/2OO3 @4zO7P 81447 P946 l'l RLSDORF
63 of 81 R 406.OO D 0.00 GARFIELD C0UNTY C0
STATE OF COLORADO
COUNTY OF Garfield
Declaration of Protective Covenants
Rose Ranch P.U.D.
I 3-Sep-99
ROARING FORI( INVESTMENT, L.L.C.,
a Colorado lirnited liability company
. 818 Colorado Avenue
ION EXPIRES: Glenwood Sprinss, CO 81601
$ Gornrnission e<pires May 1,2001
)
) ss.
)
Ronald R. Heggemeier,
53
ililril ilil lllll llll llllll llllll llill lll lllll lill Ll|l
e2arss @3/78/2@@3 @42o7? 81447 P94? l'l RLSDoRF
64 of El R 406.Og O CI.00 GRRFIELD C0UNTY C0
BXHIBIT A
(Property Legal Des cription)
D eclaration of P ro lective Covenants
Rose Ranch P.U.D.
I 3-Sep-99
llllill ulil lllill ilt llilil Hlllxu|l!lHlltl Llllel{iis eiitlEtissg sitoTP 81447 Ps48 I'l RLSDoRF
ss-it 81 R 4@6.0o D 0.oo GARFIELD couNTY c0
PHASE 1 LEGAI,
PAGE 1
ROSE RANCH P.U. D. PHASE ]-
PRoPERTy pCscnrPTroN
A PARCEL OF LAND STTUATED IN LOTS 7 , B, g , L2 , 13, l-5 AI{D L6 OF
SECTION l-2, TOVINSHIP 7 SOUTH, RANGE 89 WEST OF THE SrXTH PRTNCTPAJ,
MERIDIAII, COLINTY OF GARFIELD, STATE OF COI-,ORADO; SAID PARCEL BEfNG
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION ].2, A BI,M BRASS CAP
IN PLACE; THENCE S 3.9oL6'l-5" E 4369.77 FEET TO THE SOLITHI{EST CORNER OF
THE ROSE RANCH, .SAID POINT BEING ON THE EASTERI,Y RTGHT-OFJWAY OF
COUNTY ROAD NO. 109, A.REBAR AND'CAP L.S. #19598 IN P],ACE, THE POIMT
OF BEGfNNING; THENCE THE FOLLOWING THE SEVEN (7) COURSES ALONG SArD
EASTERLY RIGI{T-OF-WAY :
l-. N 13015'Og" E 30.g4 FEET
2. N t-3040'4Ln E 86'.97 FEBT
3. N'l-4"26'34" E g-37 FEET4. ALONG THE ARC OE A CURVE TO THE r,BFT IIAVTNG A RADTUS OF
263.6? FEET AITD A CENTRAL AIIGLE OF 22o42'13u, A DTSTATVCE OF
1-04.48 FEET (CHORD BEARS N 03o05'28" E 103.8.0 FEEr)
5. N ggol5r3grr w 72t.97 FEET
6. N 99037 r 39 rr w 2t5 .26 FEET
7, N 09O32'1.].II W 374.52 FEET; THENCE LEAVING SAID EASTERIJY
RIGHT-oF-WAY; N 80oi7t49, E 6]-.65 FEET; TIIENCE S 59ooo'ool E 1.14.87
EEET; THENCE N 54oOO'00l' E Lgs.35 FEET; THENCE N 31"1-8'55" E 343.31
FEET; THENCE N 29011'53" E 2O7 -54 FEET; THENCE N 53"00'OO'' W 117.98
FEET; THENCE AIONG THE ARC OF A CIIR\IE TO THE IJEFT HAVING A RADIUS OF
80.00 FEET AND A CENTRAL ANGLE OF 59"30'10", A DISTAI{CE OF 83.08'FEET
(CHORD BEARS N 50O44'48X E 79.40 FEET); THENCE AI{ONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET A}ID A CENTRAL A}IGLE
oF 55034',5'7t" A DTSTAI{CE OF 33.95 FEET (CHORD BEARS N 48047'11" E
32.64 FEET); THENCE N ?5O34'4OII E 45.82 FEET; THENCE AIONG THE ARC OF
A CI]RVE TO THE RIGHT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL
ANGLE OF O7O59IO8!" A DISTANCE OF 20.2I FEET (CHORD BEARS
N 80"341t4', E 20.L9 FEET) ; THENCE N 84o33,49,' E t62.25 FEET; THENCE
AIONG THE ARC OF A CI.IRVE TO THE RIGHT HAVING A RADIUS OF ]-45. OO FEET
AND A CENTRAL ANGLE OF :-2O4O'O?'', A DISTANCE OF 32.05 FEET (CHORD
BEARS S 89006'08" E 32-00 FEET); THENCE S 82046'05" E 88.97 FEET;
e:l:: il ::":;, l;:: : li;ll,'xxl; ;:'x':"lJ'"1' ;'J;' #;'"'.;',' ffi;,
llililt ililt ilffi ]il llilil lillll illil lll llil llil lill
623133 O3/78/2OO3 @4tO7P 81447 P949 l'l RLSDORF
66 of 81 R 406.OO D 0.00 GRRFIELD COUNTY C0
PHASE 1 LEGAL
PAGE 2
OF THAT PROPERTY DESCRIBED TN BOOK 51]. AT PAGE ].03 OE THE GARFIELD
COUNTY CLERK AND RECORDER'S OFFICE; THENCE THE FOLLOWING FOUR (4)
COURSES AIONG THE WESTER],Y LINE OF SAID PROPBRTY:
1. S 470!6t.43't E 189.98 FEET
2. q 34o29'09" E t23.72 FEET
3. S 04"45r3g" E 390.41 FEET
4. S O8OO1'51'' W 130.25 FEET TO THE SOUTHWEST CORNER OF SAID
PROPBRTY; THENCE N 6?"25'0611 6 AT,ONG THE SOUTHERLY LINE OF SAID
PROPERIY 2l-L. OO FEET TO A POINT ON THE EASTERIJY LINE OF LOT 9 OF SAID
sECTION l-2; THENCE S O0o22t:-:-" E AIJONG SAID EASTERLY IJINE 606.90 FEET
TO THE SOIITI{EAST CORNER OF SAID LOT 9, A RBBAR AIID AIUMINUM CAP, I,S
#22580, rN PLACE; THENCE S 03011156rr W ATONG THE EASTERIJY IJINE OF IJOT
L2 OF SAID SECTION 12 A DISTA}TCE OF 74]..05 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 1.2, A REBAR AND AIUMINUM CAP IN PI,ACE; THENCE
S'00O06'02II E AT.ONG THE EASTER],Y LINE OF t,OT ]-5 OF SAID SECTION ].2 A
DISTANCE OF 555.52 FEET To THE SOUTHEAST CoRNER OF SAID LoT L6, A
REBAR.AI\iD AIUMINUM CAP IN PLACE, SATD POINT AISO BEING TI{E NORTI{EAST
coRNER oF TELLER spRfNcs suBDrvrsroN,- THENCE s 89"59'oB, w ALONG THE
NORTHERI,Y LTNE OF SAID TELLER SPRINGS SUBDIVISION 220.6]. FEET TO THE
.SOUTBEAST EORNER OF PARCEL C OP RECEPTION NO. 4443IL OF THE GARFIELD
..EINTY CLERK AIID RECORDERIS OFFICE; THENCE TJEAVING SAID NORTHERLY I,INE
12"57'48N W A]-,ONG THE EASTERLY IJINE OE SAID RECEPTION NO' 4443IL
L69.14 FEET,- THENCE N 8?"58,25't W ALONG THE NORTHERLY I,INE OF SAID
PARCEL C 324.74 FEET; THENCE AIONG THE WESTERTJY LINE OF SAID PaRCEL C
ALONG THE ARC OF A CURVE TO THE RIGHT I{AVING A RADIUS OF 582.29 PEET
AND A CENTRAL AI$crrE oF L'7"52t51',, A DISTAIiICE OF t1]-.72 FEET (cHoRD
BEARS S 13"29'05'' E ]-80.98 FEET) TO A POINT ON THE NORTHERT,Y IJINE OP
SAID TELLER SPRINcS SUBDIvISION; THENCE S 89"52t261' W AIONG'SAfD
NORTHERLY LINE 1.74.OL PEET TO THE NORTHWEST CORNER OF THE TELLER
spRrNGS OeEN SeACE; THENCE LEAVING SAID NORTHERLY I,INE S 21055''10" W
AIJONG THE WESTERTJY LINE OF SAID OPEN SPACE 53 '97 FEET TO TI{E NORTHEAST
CORNER OF LOT 5 OF SA]D TELLER SPRINGS SI'BDIVISION.AS SHOWN ON THE
AIVIENDED PLAT THEREOF; THENCE S 89O59'O8t' W AI,ONG THE NORTHERI'Y I'INE OF
SAID LOT 5. 1-65.35 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE
N 45001'42I' W 28,2? FEET; THENCE CONTINUING A],ONG SAID NORTHERLY LINE
S 89"59'08" W 855.53 FEET TO TIIE POINT OF BEGINNING; SAID PARCEL
CONTAINING 89.288 ACRES, MORE OR LESS.
TOGETHER WITH A PARCEI, OF I,AND SITUATED IN LOTS 3 AND 4, SECTION 12
AND I,OTS 28 AND 29, SECTION 1, TOWNSHIP ? SOUTH, RANGE 89 WEST OF THE
STXTI{ PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COI,ORADO; SAID.
PARCEL BETNG MORE PARTICULARLY DESCRIBED AS FOL,LOWS:
OF SAID SECTION L2, A BLM BRASS CAP
E 2478.86 FEET,.THE POrNT OF
A CURVE TO THE RIGHT HAVING Ailx;Ti.:i:"T;,xi:;T" ::" ff ry'":
-BEG_IIUIING; THENCE ALONG THE ARC OF
illilr lilll lllH!lll llllll llllll lllll lll llill llll H
a2grss @3/tr/zoel3 94.@7P 81447 P950 I'l RLSDoRF
6? of El R 406.OO g 0.00 GRRFIELD C0UNTY C0
O PHASE 1 I]EGAI
PAGE 3
RADIUS OF I7O.OO FEET AIVD A CENTRAL AT{GLE OF 55O53 I11'" A DISTANCE OF
195.49 FEET (CHORD BEARS N 29"55,34" E l_84.89 FEET); THENCE
N 52o52'o9" E 50.72 FEET; THENCE AroNG THE ARc oF A ctRVE To rHE LBFT
HAVING A RADIUS OF 23O.OO FEET AND A CENTRALANGLE OF 32"5L134", A
DTSTANCE oF L31.9L FEET (cr{oRD BEARgI N 4Go2 6t221, E 130.11 FEET);
THENCE ALoNG THE ARC oF A cuRvE To rHE RrcHT HAVTNG A RADrus oF 3s.00
FEET AIVD A CBNTRAL ANGLE oF 9]-"43lggiI , A DISTANCE oF 55.03 FEET (cHoRD
BEARS N 75052'09" E 50.23 FEET); THENCE ALoNc rHE ARC oF A CURVE To
THE RIGi{T HAVING A RADIUS OF 105. OO FEET AIVD A CENTRAI., ANGLE OF
35043 t 54x , A DrsrAr{cE oF 6s .48 FEET (cHoRD BEARs s 40"24, zon E 64.43
FEET),' THENCE s 22o32t23".E 367.78 FEET; rHENCE AroNG utp anc oF A
SURVE TO THE LEFT HAVING A RADIUS OF'145.00 FEET AND A CENTRAL AI{GIJE
oF 39928124tt, A DrsrArvcE oF 99.90 FEET (eHORD BEARS S 42"7-6',35n E 97.93
FEET) ; THENCE AIONG THE ARC OF A CT]RVE TO THE RIGHT }IAVING A RADIUS OF
].O5.OO FEET AIID A CENTRAL A}.{GLE OF 59042'O5II, A DISTAIVCE OF ].09..41
FEET (CUORO.BEARS S 32009'45" E 104.53 FEET); THENCE S O2o:-8142', EL55.70 FEET; THENCE AIONG THE ARC OF A CIJRVE TO THE IrEFT HAVING A
RADTUS OF 260-00 FEET ArSD A CENTRAI, ANGTJE OF 34"26rL8", A DTSTAIICE OF
lE6.28 FEET (CHORD BEARS S l_9o3L 151_'' E 153.93 FEET) ; THENCE
;*-.6o4s'oort E 647.i-s FEET; THENCE ALoNe rHE ARc oF A cuR\rE To rHE
lEteHT HAVTNc A RADrus oF 15s. oo FEET Ar{D A cENTRAT, A}reLE oF 43o5B,Ssr',
A DISTANCE OF 1l-8.98 FEET .(CHORD BEARS S L4o45''33" E Ll-6.08 FEET);
THENCE s o7oL3,5s,r.w 6.00 FEET,- THENCE AroNG THE ARc oF A cItRvE To rHE. RTGHT HAVING A RADIUS OF 35.00 FEET AI\ID A CE}i1TRAL AI{GI,E OF 9OOOO'OO'"
A DTsTANCE oF 54.98 FEET (cHoRD BEARs s 52e.1_3'55r,w A DrsrAr[cE oF
49.50 FEET); THENCE N 82"45'05" W 14.51 FEET; THENCE ALONG THE ARC OFA CIIRVE THE LEFT HAVING A RADIUS OF 205.00 FEET AliD A CENTRAL AIIGIJE OF
f,2o4o I O? r' , A DISTATICE OF 45 .33 FEET (CHOPD BEARS N 89006 | 08 ''' W 45 .23
FEET); THBNCE S 84033'48'' W ]-62.26 FEET; THENCE AIONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 205.00 FEET AND A CENTRAIT AlitGLE
oF o'7o59'08", A DrsrAr{cE oF 28.s7 FEET (cgonp BEARS s 80034'14,' w
28.55 FEET); THENCE.S ?6034140'I W 45.82 FEET; T}IENCE AIONG THE ARC OFA CTIRVE TO THE RIGHT HAVING A RADIUS OF 35. OO FEET A}iD A CENTRAL AIVGI,E
oF 55o34157tt, A DISIA]\ICE OF 33.95 FEET (CHORD BEARS N 75"37'51-' W32.64 FEET) ; THENCE AIONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADrub oF 8o.oo FEET Ar{D A CENTRAL ANGLE oF 06020,04,,, A DrsrANcE oF
8.84 FEET (CHORD BEARS N 51000'24' w 8.84 FEET); THENCE N 4L"bo'OO" E
94-7L FEET; THENCE 5 47o36r96rr W 488.04 FEET; THENCE N 50047r54'1 W
40-59 FEET; THENCE N 25o00,00,' W 384.00 FEET; THENCE N 25052'L5'w
41.58 FEET,. THENCB N O5O3]-'O?'I W 2].]..?3 FEET; THENCE N 22"32123'I W
.58 FEET; THENCE 1i1 74oggrg6il W 80.63 FEET, TO THE POINT OF
INNING; SAID PARCEL CONTAINING 13.185 ACRES, MORE OR LESS.
ffi]ll lllll lllll ill llllll illl! [ullll lllllllll llll'a[srlCa wttatiood aizolP 87447 P9s1 t't RLSDoRF
os-.i-ai-R 406.oo o 0.00 GRRFTELD couNTY c0
TOGETHER wrTH A PARCEL oF LAITD srruATED IN Lors 5, 11, Lz, 13, 15, L6,23, 24, AIVD 28 OF'SECTION 7, TOI,N,ISHiP
'
SOUTI{, RANGE 89 WEST OF THESIXTH PRINCIPAI MERIDTAN, COITNTY OF GARFIELD, STATE OF COLORADO; SAIDPARCEL BETNG MORE PARTICi]LARLY OEiLNiidD AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION ]., A Bi,M BRASS CAP
!ry PI,ACE; THENCE N 82O3!127N W 2263.73 FEET, TO A POINT ON THEWESTERLY RTGHT-OF-WAY OF COUNTY ROAD 1O9, THE POTNT OF BEGTNNTNG;THENCE THE FOLLOWTNG SIXTEEN (].6) COUN.iES AIONG SArD EASTERLY RrGHT-OF-WAY:
PHASE 1 LEGAT
PAGE 4
AIONG THE ARC OF A CIJR\TE TO THE RTGHT HAVING A RADIUS OF].870.00 FEET AND A CENTRAL ANGI.,E OF 05038,5?N, A DISTAI{CE OF81- 70 PEBT (CHORD .BEARS }tr 950ggr 44 rr w 8L.69 FEET)N 03045r39'l w 70.62 FEET
AIJONG THE ARC OT A CIIRVE To THE LEFT HAVTNG A RADTUS oF1].55.00 FEETAIVD A. CENTRAL AT{GLE OP 08"59 '23" , A DTSTANCE OF18L.22 FEET (CHORD BEARS N OSot_5,19'r W 181.03 pEET)
N 12045101'' w 250.30 FEETer.,ome rHE ARc oF A guR\rE To rHE LEFT IavrNG A RADrus op518.09 FEET AI,ID A CEN:rRAL ANGIJE OF 350]-1 137]1 , A DTSTAI\TCE.OF318.23 FEET (CHORD BEARS N 3OO2O'49'' W 313.26 FEET) -N 47056'39" w 23g.go FEETAIONG THE ARC OF A CURVE TO THE RIGHT HAVTNG A .RADTUS OF].52O.00 FEET A}.[D A CENTRAL AI{GLE OF 1.4"05 13.'71" A DISTAIVCE OF3'73.74 FEET (CHORD BEARS N 4Oo53 r59U. W 372-8O FEET)N 33051'20" w 4g5.g7 FEETAIONG THE ARC OF A CURVE TO T}IE LEFT HAVING E NNOTUS OP52O.OO FEET AIVD A CENTRATJ A}IGIJE OP ]-9O3BIO5II , A DISTAIICE OF2t2.47 FEET (CHORD BEARS N 4304 OtZ3,t rN 211.43 FEET)N 53029 ' 25 " W 511_. Og FEET
ATONG THE ARC OF A CURVE TO THE RTGHT HAVING A RADIUS OF
47O.OO FEET AND A CENTRAL AIIGLE OF 34O45142N, A DISTAI{CE OF285 .l-5 FEET (CHORD BEARS N 3G"O 6,34', W 28O. BO FEET)N 19043r43" W 773.g7 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
52O.OO FEET AND A CENTRAL ANGLE OF 30"05'19", A DISTA}ICE OF325.59 FEET (CHORD BEARS N 03o41'04i' W 32L.86 FEET)5 11021 r 3 5 rr E J.7t .27 FEET
AIONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF38O.OO FEET AND A CENTRAL AIVGLE OF O2"OOI48,I , A DISTANCE OF13.35 FEET (CHORD BEARS 516o21r13rr E l_3.35 FEEr)
l--
4..
5-
6.
7.
B.
o
L0-
LL.
1,2.
,3.
L4.
15.
iltilil ililI ililI ilt ililil llllll lllll|lllruul llll'aZ{iii e;dt1ai[sa3 o4zolP 81441 Ps52 ]'l RLSDoRF
6e-;i 81 R 4oG,oo o o.oo GRRFIELD couNTY c0
PHASE 1 LEGAI
PAGE 5
15. N L9o24|30"E 52.1,3 FEET; THENCE LEAVTNc sArD wESTERLy RrcHT-
oF-wAY s 05o09r02'r E i-s8.r-2 FEET; THENCE s 1l-o21,36" w 124.44 FEET;THENCE ALONG THE ARC OF A CURVE TO THE I,EFT HAVING A RADIUS OF IOOO.OO
FEET AwD A CENTRAL AIIGLE OF 20055'55'l , A DrsrAtvcE oF 355-34 FEET(cHoRD BEARS S 02039 '2.7u E 353.31 FEdT); THENCE S 18043'4.3n E 446.82' FEET; THENCE N ?1oL6'l-7x E 67.02 FEEd; THENCE AJ,ON6 THE ARC OF A C1IRVETO THE LEFT HAVING A RADIUS OF 2g2.OO FEET AND A CENTRAIJ A}VGLE OF37o24to'7't, A DrsTAt{cE oF l_90.61 .FEET (eriono BEARS N 52034,13'' E tll.2s
FEET) ; THENCE N 33052'10,' E 23t,.gg FEET; THENCE ALoNG THE ARc oF ACUR\E TO'THE RIGHT HAj TNG A RADIUS OF 295.00 FEET AND A CENTRATJ AIiIGLEOF L4o20r09t', A DfSTAIICE OF 73.8t FEET (CHORD BEARS N 4]-oO2'L4n E
73 -60 FEET) ; THENCE s :-zooo ' 00,, E s7.28 FEET; THENCE s 6oo27t2l.t E .7O5-20 FEET; THENCE S 41oOO,Oo" E 29L.J-9 FEET; THENCE S 59010,3f', E52a.72 FEET; THENCE s 55003'14x E 2lg.3o FEET; THENCE S ],2o4zt2gn w
1"93.82 F.BET; THBNCE S 69"26139u W t62.-39 FEET; THENCE S 12oOGf 13', E354.63 FEET; THENCE s o3o3l-,27,' E Bo.o0 FEET; THENCE ALoNG THE ARC oFA CI]RVE TO THE LEFT HAVING A RADIUS OF 510. OO FEET A}ID A CENTRATJ AIVGI-,EoF 34o2L'58", A DrsTAr{cE oF 305.90 FEBT (cgono BEARS s 6go46tzg,t w-1.33 FEET); TIIENCE S 39038'44,' E 684.26i THENcE s 31003'39', E .Lt2..7o!T; THENCE s 06045'49t' w :.44.32 PEET; TIIENCE s 12045'o1n 8.2o9.29
.O;ET; THENCE S 60000'00,, E :LO.74 FEET; THENCE AIONG THE ARC OF ACIJRVE TO THE RIGHT HAVTNG A RADIUS.OF ]-7O.OO FEET AITD A CENTRAT.,..ANGIJEoF 38053t55rr, A DrsTArlcE oF l_l_s.41_ FEET (cHoRD BEARS s a3o25r11u w
113.21 FEET); THENCE S 62052109' W 5'0.?2 FEET; THENCB S goo35'25" W299.88 EEET, TO THE POINT OF BEGINNING; SAID PARCEL CONTAfNTNG 48:206ACRES, MORE OR LESS
TOGETHER WITH A PARCEL OF LAND STTUATED rN rJOTS 2, 3 , Ar{D 9 OF SECTION
1?:_lP_LOTg 10, 11, L2, L7,22,29, AI.rD 30 OF SECTION 1, TOWNSHIP 7SOIITH, RANGE 89 WEST OP THE SIXTH PRINCIPAI MERIDIAN, COT'MTY OFGARFTELD, STATE OF COLORADO; SAID PARCEI, BETNG }IORE PARTICUI,ARLYDESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUT}Ii^IEST CORNER OF SATD SECTTON L, A BLM BRASS CAPrN PLACE; THENCE s 76ol7t4on E 3972.43 FEET To rHE porNr oF BEGTNNTNG;
THENCE N 44021'lot' w to2.zB FEET; THENCE N 5gooot4zu w L9L.2E FEET;
THENCE 5 31o1gt35tt w l-93.84 FEET; THENCE N 35ooL'04" w 195.06 FEET;
THENCE 5 5golgtggtt w :-74.7L FEET; THENCE N 54011'49'r w 43.11- FEET;
THENCE.N.24"39t20,' w 1G3.2G FEET; THENCE s 69"34tzon vI 7't.7s FEET;
THENCE N 02"18'42t' w 5o.rg FEET; THENCE AroNG THE ARC oF A cuRvE To
TI{E LEFT HAVING A RADIUS OF 145. oo FEET AI\TD A CENTRAL AI{GIJE OF
2 r05" A DTSTANCE OF 151.09 FEET (CHORD BEARS N 32o09'45n W L44.35T; THENCE ALONG THE ARC OF A CURVE To THE RIGHT HAVING A RADIUS oF
iltilil ililt ilil[ lilt l]il[]lll lllllll! lII|l llLula[zils ozttatisos @4:o7? 81441 P953 l't RLSDoRF
70 of El R 4@6,00 D 9.00 GRRFIELD C0UNTY C0
PHASE 1 LEGAI
PAGB 5
1O5.OO FEET A}TD A CENTRAL ANGLE OF ].8"41'42", A DISTANCE OF 34.26 FEET
(cHoRD BEARS N s2o39'5G,, w 34.tI FEET); THENCE N GG"o6'05" E 97.s2
FEET; THENCE N L2oo0'2g' w 243.lL FEET; THENCE N 11030t42'l w l-os.63
FEET; THENCE N O7AL2'3411 W 75.]-B FEET; T}IENCE N O8OO2'O4I' W 130.43
FEET; THENCE N OOo42'39" W t-48-55 FEET; THENCE N 84000'O0t W 223.25
FEET; THENCE N O5o1g,54" E 90.01 FEET; THENCE S 84oOO'OOn E 226.92
FEET; THENCE N 03033'05" E :-62.t5 FEET; THENCE N OOo42'3g" W L62.56
FEET; THENCE N 2t-ooo'oou E 332.5r FEET; THENCE N OOo42t38)t W 202.27
FEET; THENCE N Ogoooroon w 38L.49 FEET; THENCE N 00"42'38'W L76.32
FEET,' THBNCE N 86049123rr W 193.89 FEET; THENCE AIONc THE ARC OF A
CURVE TO THE IJEFT HAVING A RADIUS OF 58O.Oo FEET AIID A CENTF'AL AIIGLE
oF 10053r34r, A DTSTAIVCE OF t:-o.2-7 FEET (CHORD BEARS N 2Lo33'22" W
11o.Lo FEET); THENCE s g6o4gt23n E 22s.61_ FEET; THENCE 11 25o43r53rr w
308..74 FEET; THENCE N 14"33.44n.W 79.98 FEET; THENCE N 30"42'43n W
86.50 FEET; THENCE N 34003r44" W L97.29 FEET; THENCE N 34"L9'54" W
149.21 FEET; THENCE N 4goOOrOOrr W 2O0.56 FEET; THENCE N 59"50r00n W
206-65 FEET; THENCE N 69000'OO'' W 209.5g FEET; THENCE N 65000rOO" W
3<2.59 FEET; THENCE N 57051_'09|l W 379.36 FEET; THENCE N 72000'00x W25 FEET, TO A POTNT ON THE EASTERLY LINE OF THAT PROPERTY
JRIBED IN BOOK 590 AT PAGE 955; TI{ENCE N 37"11'37r' E ALONG SAID
-ASTERLY LINE 123 .94 FEET TO A POINT ON TI{E CENTERLINE OF TIIE ROARfNG
FORK RTVER; THENCE THE FOLIJOWING FIVE (5) COI,RSES AJ.IONG THE CENTERLINE
OF SAID RTVER:
L. s 64"20 ' 33 r' E 539 . l_3 FEET
2. S 69"24t54'tr E 523.30 FEET
3. S 51041 ' 54il E r47.5L FEET
4. S 34"1-9'54" E 546.gO FEET
5. S 29054 I.54rI E 5].5.97 FEET To A PoINT oN THE.EASTERT,Y I,INE
OF IJOT 17 OF SAID SECTION L; THENCE LEAVTNG SAID CENTERLINE
S OOO42'38i! E AIONG THE BASTERLY LINE OF IOTS ]-7, 22 P}ID 29, A
Df STAI{CE OF 2t4O -70 FEET; THENCE LEAVING SAID EASTERLY LINE
N 89"].5'45N E 43.14 FEET TO THE NORTHWEST CORNER OF TI{AT PROPERTY
DESbRIBED TN BOOK 5].1 AT PAGE ].03 oF THE GARFIELD coUNTY CLERK A}ID
RECORDER'S OFFICE; THENCE THE FOLLOWING THREE (3) COURSES AIONG THE
WESTERLY IJINE OF SAID PROPERTY:
1. S 4l-"07 ' l_0" E 559 -76 F.'EBT
2. S 47"56'39" E 5l-g.80 FEET
3. S 47"L6'43" E 275-72 FEET; THENCE LEAVTNG SAID WESTERLY LrNE
S 62"10t49r' W 340.58 FEET, TO THE POfNT OF BEGINNfNG; SAID PARCEL
CONTAINING 18.503 ACRES, MORE OR LESS
elxffi r.I, ".lT'r*?',kflR iirffiTi?,Iil,"ffi 3*,ilR.?ino5,'E;:+?x,-'
llHil ililr Hlll lll llllll llllil llill lll lllil lll lill
623133 O3/18/2O@3 04zA1P 81447 P954 I't RLSDORF
7l of El R 406.00 D 0,00 GRRFIELD C0UNTY C0
PHASE 1 LEGAJ,
PAGE ?
T2, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAI{,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAI{D BEING MOREPARTICULARLY AS DESCRIBED AS F.OLLOWS:
COMMENCTNG AT TI{E sourut^iEsr coRNER oF sAID sECTroN l-, A BIJM BRAss cApIN PIJACE, THE.-POINT oF BEGINNING; tftilNCe S BBooS,24n E A-L9NG THENoRTHERLy LrNE oF rlts Nwr/aNWVa ANDtl,or s oF.sArD sECTroN L2 1925.L5
FEET; THENCE LEAVING SAID NORTHERLY LINE s 01019'05'] w 1oo.oo FEET;
THENCE S 88008.t24n E 150-OO FBET; ?HENCE N OO"O3'38'' E 2OO.1O FEET;
Ti{ENcE N 88o08r24rr w 1oo.r-5 FEET To A porNT oN THE wEsrERLy LrNE oFLoT 28 oF sAfD SECTION 1; THENCE N oloL6,Szrr w ar,oNc THE wEsTERIJy rJINEOF LOTS 28 AND 23 OF SAID SECTION ]. 1051.60 FEET TO A POrNr ON THEWESTERLY RIGHT-OF-WAY OF COUNTY ROAD 109; THENCE LEAVfNG THE WESTERIJYI,INE OF SAID LOT 23 THE FOLLOWTNG SE\EN (?) COT.]RSES ALONG THE UIESTERLYRIGHT-OF-WAY OF SAID COUNTY ROAD 109:1. ALONG THE ARC OF A CI'RVE TO THE RIGHT HAVING A RADIUS OF458.09 FEET AND A CEM'RAL AN.LE OF 36"07,5G,,, A DISTANCE OF
288 .88. FEET (CHORD BEARS S 3o"ag ' 59 rr B 284 .t2 FEET)
z-
3.
4.
5.
s l-2"45 'OI'r E 247.15 FEET
ALONG THE ARC OF A CT'RVE TO
].095.00 FEET AI{D A CENTRATJ
L7L.8o FEET (CHORD BEARS S
s 03"45'38x E 70.62 FEET
THE RIGHT EAVTNG A RADTUS OF
AIIGLE OF 08"59'23", A DISTATVCE OF
080l-5'l-9n E 171.53 FEET)
ALONG THE ARC OF A EURVE TO THE LEPT HAVING A RADIUS-OF.
193O.OO FEET ATqD A CENTRAL AIIGLE OF 05"38'57U, A DTSTAIVCE OF190.29 FEET (CriORO BEARS S g5o35r65rr E L9O.23- FEET)6. S O9"24'35r E 1739..96 FEET
7. s o9"32'11r' B 54s.09 FEET (ro a porNT wHENCE Ar[ oNE rNcH
rRoN PrPE BEARS S q0"39,46'' W 15.01_ FEE"); THENCE.LEAVTNe SArD
I^IESTERLY RTGHT-OF-WAY S 8oO3g)4611 w A],oNG. THE NoRTHERLY LINE EXTENDEDAND THE NORTHERIJY LINE oF RECEPTION NO. 402764 l-56,56 FEET TO AI{ ONE.INCH IRON PTPE IN PI,ACE; THENCE CONTINUING ALONG SATD NORTHERLY LINEs 46"49146'' w 319.s9 FEET To rHE NoRTHwEsr coRNER oF sArD RECEpTToN
NO. 402764, A REBAR AIID CAP IN PLACE; THENCE S OBo3Or14,' E ALONG THE
WESTERLY LINE OF SAID RECEPTION NO. 402764 At\iD RECEPTION NO. 418590,302.72 FEET TO THE SOIIIHWEST CORNBR OF SAID'RECEPTION NO. 418590;
THENCE s 80045r44" w A!oNG THE NoRTHERLy LINE oF RECEprroN No. 3g"tLB2,17'7.L7 FEET TO THE NORT}IVIIEST CORNER.OF SAID RECEPTION NO. 397L82;
THENCE s 17o25t15rr w ArcNe rHE wEsrERLy LrNE oF RECEprroN No. 3g7LB2AM RECBPTION NO. 4LL757, 741-.91 FEET TO THE NORTI{I^IEST CORNER OF LOT2]. OF SAID SECTTON ]-2, AISO BEING THE NORTHWEST CORNER OF TELLER
SPRINGS SUBDIVISION; THENCE s 69.99I34II W ALoNG THE WESTERLY LINE oFSAID TELLER S.PRINGS SUBDIVISION AIVD THE EASTERLY LINE OF LOT L4 OFSAID SECTION 12 768.25 FEET TO THE SOUTHEAST CORNER OF SAID LOT ].4;
e}ff. tlly'il"J5s"'ffi"51J,;Jff T,;;";;*,;i;'ff; ffi;X3iol,",,o
ililil! ililt ilffi lilt ililil ililfl ililI llt ilHt ilt lllt
623133 O3/18/2OO3 @4;O1P 81447 P955 l'l RLSD0RF
72 of El R 406.OO D 0.00 GRRFIELD COUNTY C0
TOGETHER WTTH A PARCEL OF LAND SITUATED
TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE
COUNTY OF GARFIELD, STATE OF COLORADO,.
PARTTCULARI,Y DESCRIBED AS FOLLOWS :
THE SOUTI{WEST CORNER OF SAID LOT t4; THENCE N o0o22,t3rr E AT,ONG THEWESTERLY LTNE OF SAID LOT 14 1378. OB FEET TO THE NORTHWEST COR.NER OF
SAID LOT f4; THENCE N B9"OZ'53,' W Af,ONc THE SOUTHERLY LINE OF THEswl-/4Nwr/4 oF sArD sECTroN 12 L347.g1. FEET To rHE i^rEsr euARTER coRNERoF SAID SECTIoN L2, AI{ ATUMINUM CAp IN PLACE; THENCE N 00o33114,' WAIONG THE WESTERLY LTNE OF SAID SECTION 12 2728.80 FEET TO THE POINTOF BEGINNTNG, SATD PARCEIJ OF LAND CONTAINING 156.038 ACRES, MORE OR
LESS
PHASE 1 LEGAI
PAGE 8
IN LOTS 5 AND 13 OF SECTION 1,
SIXTH PRTNCIPAI MBRIDIAI\T,
SAID PARCEI, BEING MORE
CoMMENCTNG AT THE NORTHWEST CORNER OF SECTTON L, A BLM BRASS CAp rNPI,ACE: ?HENCE S 5.6"22,41H E 5].8.o9.FEET To THE PoINT oF BEGINNING.
THENCE s 59"20'23* E :.Lri-.46 FEET; THENCE s 80."00,00S w l-2L.04 FEET;
THENCE s 1l-'' 21-'36# w 58 ..G7 FEET,- THENcE N 05.09' 02ft- w LsB .L2 FEET;
THENCE N 19'24r3off E 3l--12 FEET; THENCE. s 6s"2s'04fi E 2o.L6 FEET ToTHE POINT OF BEcrrlqrrc; sArD pARcEL coNTArNrNe o.z2o AcRgs, MoRE oRLESS.
L*-IJER wrrH A pARcEL oF
',AND
srruATED rN Lors 12 AI,TD 13 oF sEcrroN
G TOWNWHfP 7 SOIrrH, RANGE 89 WEST OF THE SrXTH pRrNCrpAr, MERTDTAN,
-OUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE
PARTICIII,ARIJY DESCRIBED AS FO],LOWS :
COMMENCING AT THE NORTHWEST CORNER OF SECTION ]-, A BIJM BRASS CAP INpr,Acu: THENCE s 34o3s,14' E 723.60 FEET To rHE porNT oF BEcrNNrNc.
THENCE s l-4'00'oo$ E 407.29 FEET,- THENCE s l-8"43'43H E L55.81 FEET;
THENCE s 69"00'oofr E l-go.oe FEET; THENcE AL9NG THE itRC oF A cuR\rE To
THE RrGHT HAVING A RADIUS OF 232.70 FEET AI{D A CENTRAL AI{GIJE OF38"55'15r' , A DTSTANCE OF 158.08 FEET-(CI{ORD BEARS S 51"47'llH W155.05 FEEr); THENCE S 7l_"L5'17H W 57.02 FEET; THENCE N L8'43i43* W
446 . 82 FEET; THENCE AIONG THE ARC OF A CUR\TE TO THE RIGHT HAVING Ji,
RADUIS OF 1000.00 FEET AI\TD A CENTRAL AIIGI,E OF 20"55156rr , A DISTAIiIeEoF 365.34 FEET (CHORD BEARS N 02"39'2?*. W 353.31 FEET) TO rI{E POrNI
OF BEGINNTNG; SAID PARCEL CONTAINING ]-:-3OO ACRES, MORE OF LESS
TOGETHER WITH A TRACT OF I,AND SITUATED IN SECTION 35, TOWNSHIP 6
SOUTH, RANGE 89 WEST AND SECTTON 2,,TOWNSHIP 7 SOiNH, RANGE 89 WEST,ALL IN THE.SIXTH PRINCIPAI MERTDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO; SAID TRACT OF I,AND BEING MORE PARTICIII,ARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE COMMON CORNER TO SECTIONS.I AND 2, TOWNSHIP ? SOUTH,
RANGE 89 WEST OF THE SIXTH PRINCIPAT MERIDIAN, SAID CORNER ALSO BEING
rXMON TO SECTIONS 35 AND 36, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE
-!}* pRrNCrpAL MERTDTATI; THENCE y 75os4 r29rr w 4]-B s.64 FEET To rHE
-MRTHEAST CORNER OF LOT 2!, WESTBANK RANCH SIIBDIVTSION, FILING !, THE
ilililt llilt ilil[ ilil llilil ililll illlt ilt ilil flt lllt623133 o3/18/2o@3 O4:@7P 81447 p956 il RLSDORF73 of 8l R 406.00 D 0.00 GRRFIELD COUNTY C0
PHASE 1 LEGAI
PAGE 9
PgIllT 9F BEGTIiNTNG; THENCE rHE FoLLowrNG rwENry FrvE (2s) corrRsEsAIONG THE NORTHERLY AIID EASTERLY BOTINDARY OF SAID WBSTBANK RANCH,FILING 1:
L. s 0gooot22't
2.
3.
4.
5.
6.
7.
8.
9.
10.
11 .
L2.
r-3 .
L4-
r5.
s 59053 | 22n
S 95o59 r 36 n
S S5oZg r 3! l
s 75013 '3g x
N gg"5gt22n
N 92055 ' 22,,
s 20035r19n
N 69o24.42n
N 07019,26r'
N 71015t 22n
N 41o0Ot22|
S 65"59r38rr
s Lgosg r 3g"
S G0o00 | 221
w 226.00 FEET
W 82.00 FEET
E 79.00 FEET
E 95. OO FEET
E 21.5.00 FEET
E 45]..00 FEET
E 24O.OO FEET
E 185.00 FEET
E 21O. OO FEET
w 25L -73 FEET
E 272.0O FEET
E 372.54 FEET
E 435.00 FEET
E 210. OO FEET
w 398.80 FEET
TO A REBAR
TO A IREBAR
To A hegAR
TO A REBAR
AND CAP,
AND CAP,
AIVD CAP,
AITD CAP
TOANO. 5REBAR
TO A REBAR AND CAP
TO A REBAR AIVD CAP
?O A REBER A}qD CAP'
TO A REBAR AT{D CAP,
TOANO. 5REBAR
TO A REBAR AND CAP
TOANO. 5REBAR
TOANO. 5REBAR
TOANO. 5REBAR
TO.A NO. 5 REBAR
L.S. NO. 19598
L.S. NO. 19598
L.S. NO. 19598
(II,I,EGIBLE)
( ILI,EGIBLE)
( II,I,EGIBI,E)
( II,I,EGIBI,E)
L. S. NO'. 19598
(IIJLEqIBLE)
NO. 19598
s 480L6 ! 5l-'' w 235.20 FEET TO A NO. 5 REBARs 50030,22n w 2LO.22 FEET TO A NO. 5 REBAR18. S 69024t42', W 18o.OO FEET TO A NO. 5 REBAR19. N 20O35'].8II W 25O.OO FEET TO A REBAR A}ID CAP,20. s 69o24t.42,tr W 230.2? FEET TO A NO. 5 REBAR2L. S 20O35'18" E 266.00 FEET TO A REBAR A}TD CAP (II,LEGIBI,E)
22' s 55oo9to7rr w 96.57 FEET To A REBAR AI,ID cAP, L.S. No. 1959823. S 01"23'54I' W 109.60 FEET TO A REBAR AND CAP, L.S. NO. 7]6824. s 28005'38r' E 25o.oo FEET To A REBAR Ar\iD cAp (TLLEGTBLE)
25- s 67oo7'27n B L4g-gg FEBT To A REBAR AND cAp (TLtEGTBLE) , THECOMMON CORNER OF WESTBAI,IK RANCH SUBDfVISION FTLTNG L AI\TD WESTBAIIKRANCH SUBDIVISION FILING 2, SATD CORNER AISO BEING THE NORTHWESTCORNER OF LOT 23 OF SAID FIT.,ING 2; THENCE THE FOLLOWINc SEVENTEEN l:-z)COI]RSES ALONG THE NORTHERLY BOUNDARY OF SAID WESTBANK RANCHSUBDIVISTON FTLING 2:
1. S 69o05 ' 39,' E 633.53 FEET TO A NO. 5 REBAR
2. N 78O3L'2211 E 318.].5 FEET TO A NO. 5 REBAR3. S 62019'08'' E 375.50 FEET TO A REBAR AND CAP (TLI,EGIBLE)
4. S 84058'08'' E Tg2.7O FEET TO A REBAR AI{D CAP (ILLEGIBLE)5. AIONG THF ARC OF A CURVE TO THE IJEFT HAVTNG A RADIUS OF 585. OO
FEET, A CENTRAL ANGLE oF 03o55'13', AI{D'A'DTSTANCE oF 40.03 FEET
(CHORD BEARS N O3OO4 ]L7II E 40.02 FEET) TO A NO. 5 REBAR
N 94058'09" w L93.32 FEET TO A NO. 5 REBAR. N 62019 ' OB '' W 133 .53 EEET TO A NO. 5 REBAR
il!ilil tilil lililllilt ililt illlll lllll ll! llfltllllul
aisiJs wttaiisss o4;o1? 81447 PssT Il nLsDoRF
1i it El R 406 .oo D 0.00 cRRFIELD couNTY c0
g. N 10"4 6t 22n E
9. N 3Oo3G,3g,1 W
N 3g"og 122n E 306.48 FEETN 7't"24t 2zt E 264.gg FEETs 33045 ' 39,, E 544. Ol_ FEETs 1"9"29'38, E 2t7.oo FEETS 05"49138'' E 2:-8.79 FEET TO A REBARN 84o58,o8n w zsg.zg FEET To A No. 5ALONG THE ARC OF A CT.IRVE TO THE RIGHTFEET, A CENTRAL AIVGLE OF 03"33,20,, AI{D(eHoRD BEARS S 03.15'14u W 40.o2 FEET)(ILLEGIBLE)
PHASE 1 LEGAI
PAGE ].0
]- INCH STEEI, PIPE
REBAR AND CAP, L.S. NO. 9184NO. 5 REBAR
REBAR AND CAP (ILLEGIBLE)
AND CAP,NO. L9598
REBAR
HAVING A RADTUS OP 645.00
A DISTAIVCE OF 40.03 FEET
TO A REBAR AI{D CAP
10.
11 .
t2.
r-3 .
L4.
r_5.
l_5 -
55.1]. FEET
476.00 FEET
TOA
TOA
TOA
?OA
FEET T9 A REBAR
FEET TO A NggAR
FEET TO A REBAR
FEET TO A NO. 5
17' s 84o58'08' E 334.45 FEET To A Ng. s REBAR, THE coMMot{ conNgnOF' WESTBA\IK RANCH ST]BDTVISION FILING 2 AND WESTBANK RANCH SUBDIVTSTONFTLTNG 3 ' sArD coRNER Ar,so BErNc tnB lvoh-t;dfi'ffiriNER oF rJor 14 oFSATD FILING 3,. THENCE THE FOLLOWTNG STXTEEN (16) COURSES AI,ONG THEI^IESTERLY BOLINDARY OF SAID wESTBATIK RANcH SUBDIvTSIoN FTLING 3:].. N 81'O7J37U E 357.91 FEET TO A REBAR A}TD CAP, L.S. NO. 9].84
O li#if'Li 3il#,1-*Til#:$; H#;11 ,,FEET, A CENTRAL ANcLE oF 09"s6'03" AI.rD A DrsrAt{cB oF sz-oi FEET(CHORD BEARS N OO'35I54,I'E 5J..95 FEET) TO A REBAR ATID AIT]MINT'I,IcAP, L. S. NO . 1,L2046. N74029'38''w 319.g4L1204
7. N 33034r3g" w 232.OOB. N 22"27 r39, w 3g2.oo9. N 20022r3gn w 328-L8l-0. N 35"29'39" W 119.00Ll_. N s2o29,39,r w .l_z5. oo12. N 52o29r39, w 215.00L3. N l_6oLgr3gx w 32L.oo14. N 33os6'22', E 22B.gol_5. s 69o2?r3g', E 4zs.ool-5. s 50045'38n E 395.00SAID POINT AISO BEING THE
RANCH ST]BDIVISION FILING160.00 FEET TO A POrNT INTHR TWEIJVE (].2) FOLLOWTNG
AIUMINUM CAP,NO.
AND CAP ( ILI,EGIBI,E)
AIID CAP, L.S. NO. 9184
REBAR
AIVD
FEET TO A REBAR AI{D CAp, L.S. NO. 9l_84
FEET TO A REBAR AND CAP, L.S. NO. 918+
FEET TO A REBAR A}ID CAP, L.S. NO. 9].84
FEET TO A REBAR AI{D CAP (ILLEGIBLE)
FEET TO A REBAR AND CAp, L.S. NO. gL84
FEET TO A REBAR AI,ID CAP, L.S. NO. 9].84
FEET TO A REBAR AI,ID CAP, L.S., NO. 9]-84,NORTHEAST CORNER OF LOT 23 OF SAID WESTBAAIK3; THENCE LEAVING
THE CENTER OF THE
SAID BoUNDARY. N 42"04,22" E
COT.IRSES AJ,ONG SAID
ROARING FORK RTVER; THENCE
CENTERLTNE:N 51o47 r 38 'r w !24 .to FEET
lHlLllllt ililtr lJilllllllililrr iltil il ililil il tilt623133 03/ tl/2o@a oqistp-tiliif F'sta r RLsDoRF75 of El R 406.@o D o.oo cnniirli-counrv co
PHASE 1 LEGAI
PAGE 11
Z- 11 45o55r36rr W
3. N 54o32r36rr W
4 . N g4o51r 3g,r w
5. N 7.9035'39,, w
6- N 72034!3gx w
7. S g'1"46t22n wg. s 95"L2;22n Wg. s 55057t22n w
l_O. S go4?t Z2l W
1l-. S 6go44tZzn W
12- N 3gog2r3[rr WOF LAND CONTAINING
239. BO FEET
507.80 FEET
169.50 FEET
2O3. OO FEET
879.00 FEET
342.00 FEET
231. OO FEET
5L7.00 FEET
332.00 FEET
363. OO FEET
181.97 FEET
93.860 ACRES,
TO THE POINT OF BEGINNTNG; SATD
MORE OR LESS.
TOGETHER WITH A 30. OO ' WrDE ACCESS AIqDMEADOW LANE TO COIJNTY ROAD NO. 109 AIVDOE' LO? 15, WESTBANK SUBDTVISTON, FTLING
THEREOF RECORDED IN TI{E GARFIELD COUNTY
UTII,ITY EASEMENT EXTENDTNG FROM
BEING THE SOUTHERLY 3O.OO FEET
NO. 3 , AS SHOWN ON THE PLAT
CLERK AND RECORDER,S OFFICE.
TOGETHER WITH A LIMITED ACCESS EASEMEMT THROUGH WEST .BAIIK OPEN SPACEBETNG A 25.00 FOOT WIDE STRIP OF I,AND SITUATED rN I,OT 24, SEETTON 1,TOWNSHIP 7 SOUTH, RANGE 8.9 WEST OF THE SIXTH PRINCIPAI MERIDIA}T fCoUNTY oF GARPIELD, STATE OF COLORADo; SAID STRIe or mlvo LvINC 12.50FEET TO BACH SIDE OF THE FOIJIJOWTNG DESCRIBED CEMIERI,INE:
CoMMENCTNG AT rHE SOITTHWEST CORNER OF SArD SEgrroN 1, A Br,M BRASS CApIN PI,ACE; THENCE N 610].3 I24N E 2223.28 FEET To A PoINT oN TFIE PAGEEASTERLY LINE OF SAID LOT 24, SAID POINT AISO BETNG ON SAIDCENTERLINE, THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY.IJINEN 48052'57t' w Af,oNG sArD cENTERLTNE 236.91- FEEr; THENCE coNTTNUiNGAIJONG SAID CENTERLINE AI,ONG THE ARC OF A CI]RVE TO THE RIGHT HAVING A
RADIUS OF ].404.75 FEET A]qD A CENTRAL ANGLE OF ]-0"55 142N', A DISTAIVCE OF267 -94 FEET (cHoRD BEARs N 43025'05" w 262.53 FEET) ,- THENCE coNTrNUrNc
AIONG sArD CENIERLTNE N G9o16'39" E 20.95 FEET To A porur oN THESoIITHWESTERLY RIGHT-OF-WAY OF COTINTY RoAD NO.' 1-09; THENCE LEAVING SAID
RIGHT-OF-WAY AND CONTINUING ALONG SAID CENTERLINE s 69O16'3911 w 30.8].FEBT; THENCE CONTINUING AIONG SAID CENTERLTNE AIONG THE ARC OF A CT,RVETO THE RTGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGIJE OF
42043 '58 " , A DISTANCE OF l-g . 65 FEET (CH9RD BEARS N 89o2I ' 22 'r Vt LB .22FEET); THENCE CONTINUING AIONG SAID CENTERLINE N 67059123II W 56.79
lII; THENCE CONTINUING AIONG SATD CENTERLTNE A],ONG THE ARC OF A CI'RVE_-7THE LEFT HAVING A RADIUS OF 25 . OO FEET AND A CENTRAL A}IGLE OF
I tililt lllilililL ilil llilll lllll llllllll llllll.tl^Ell
623133 @3/18/200s @4$7p B144f 'P'sil5 'il nlso-onr
i6-ir-ar-ir-4oo.so D o,oo GRRFIELD couNTY c0
PHASE 1 LEGAL
PAGE 12
64o44t 47n, A DrsrANcE oF 2g.25 FEET (cHoRD BEARS s 29o3g,13,, w 26.7jrEer) '' THENCE CONTTMJTNG AroNG sArD cENTERLTNE s 4?or.5'50, w 58.23FEET; THENCE CONTINUING A],ONG SAID CENTERLTNE AIONG THE ARC OF A CUR\ruTO THE LEFT I{AVING A RADIUS OF 1250. OO FEET AIID A CENTRAL AiVGLE OF05"28r45,,, A DISTAIICE op 1l-9.s4 FEET (cHoRD BEARS s 4403 ltz.t, w 119.49Frur) '' THENCE coNTrNurNG AroNc sArD CENTERLTNE s 4to47,ost, w 96.44FEET; THENCE CONTINUING AIONG sAID CENTERLTNE AI,oNG THE ARC oF A CUR\ETO THE RIGHT HAVING A RADIUS OF 1OO. OO FEET AI,ID A CENTRATJ A}IGLE OFtgq48'32",. A DrsrArIcE oF 32..83 FEBT(CH9RD BEARS s stor1,2Lu w 32.GgFgnt) ; TI{ENCE coNTrNurre ar,<iNc sArD cENTERLTNE s 60035,3?" w 46.99FEET; THENCE CONTTNUTNG AroNe sArD cENTERLTNE AroNG ?HE ARC oF A cuRr*TO THE RTGHT HAVING A RADTUS OF ]-OO.OO FEET AIVD A CENTRAL AI{GIJE OF3-5"49'45", A DrsTAt{cE oF 29.37 FEET(C11SRD BEARS s 69o00,zgu w 29.27FEET); THENCE CONTINUTNG AT,ONG SAID
",*,,*i,*" "-
,,O,,,,,N W 39.30FEET; THENCE colurllruiluC ar,oNc sArD cENTERLTNE Ar,oNG THE ARC oF A cuR\/ETO THE LEFT I{AVTNG A RADIUS OF 25. OO FEET AIVD A CENTRAL AIVGIJE OF33"1-5 t 59", A DrsrAtqcE oF L4 .s2 FEET (cHoRD BEARS s 60o4z | 22n w L4.31FEET); THENCE CONTTNUTNG AroNG sArD CENTERTTNE s 44oog,23u w 33.75FEET;'THENCE coNTrNurNG AroNc sArD cENTERLTNE AroNG THE ARc oF A cuRvE
#;i-,i;iiffift H'fi *:t+i,'*g.ffi3j"#H#'"H,"i;*(v!;FEET; THENCE. CON?INUING AIJONC SATP CENTERTINE ATONG THE ARC OF A CTIR\TETO THE LEFT HAVTNG A RADIUS OF 50. OO- FEET A}ID A CEMTRAL ANCT,S OF'25"1-8'20",'A DrsTAIveE oF 22.o8 FEET (cHoRD BEARS s 01o5s,10,, w 21.90Fger); THENCE CONTINUING AIoNc SAID eENTERT,TNE s l-0o44,00" E t2v.soFEET; THENCE.CONTTNUTNG AIONG sAID CENTERLTNE AI,oNG THE ARc oF A eI,R\TE.TO THE RTGHT HAVING A RADTUS OF 25.OO FEET A}TD A CENTRAL ANGLE OF71"qs ' 00" A DrsrAlrcE oF 3r.. os FEET(CHORD ""c, ; ;";;;ro, * le. oeFEET); THENCE COMIINUING AIONG SAID eEIiTTERLINE S 5oo25Ioo, w 83.15FEET; THENCE CONTINUING ALONG SAID- cnIuTnruTNE AIONG THB ARc oF A cuRl,ETO THE LEFT HAVING A RADTUS OF 25.00_FEET AND A CENTRAL AI{GIJE OF68o29r58rr, A DrsrAr,IcB op 29.89 FEE? (eHoRD BEARS s 26oLo,o1u w 28.14FEET); THENCE coNTrNurNe ALoNc sArD cENTERLT* t or"un,uru B 10.EzFEET TO A Porlir oN THE SOUTHERLY LrNE OF LOT 24 OF SAID SECTTON 1, THETERMTNUS; WHENCE THE sourl{I,rEsr coRNER oF sArD sECTroN r. BEARS.s 5o"30'32', I^I 133s-39 FEET
TOGETHER WTTH A LIMITED ACCESS BASEMENT THROUGH TROUT BEING A 40.OOFOOT WIDE STRIP OF LAND SITUATED IN LOT 26 AIVD 27, SECTTON 1, TOWNSHIP7 SOUTH, RANGE 89 WEST OF THE.SIXTH PRINCIPAL MERIDIAN, COUNTY OF
5'313; 3l"lfi""lo;:3fitffi";";t*l,fui;;Sili?il',"i.ii*" 20 oo FEE' ro
illllll ull lllll llll llllll llllll lllillllllllll lilllll
623133 O3/18/2OO3 O4zOlP 81447 P960 l'l RLSDORF
77 ol 81 R 406.@O D 0.00 GRRFIELD C0UNTY C0
PHASE 1 LEGAI
PAGE ].3
-JMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAPrN PLACE; THENCE N 5OO3O'32'' E 1335.39 FEET TO A POINT ON TI{ENORTHERLY LrNE OP SAID LOT 25, SArD PbrNt A';; 'EgiNC
ON SAIDcENTERLINE,;THENCELEAvINGsAIDNoRTHERLYLINE
S 08004'58'1 W AIONG SAID CENTERLINE 3r8.58 FEET; THENCE CONTINUINGALONG SAID CENTERLINE AIONG THE ARC qF' A CT]RVE TO THE RIGHT HAVING ARADTUS OF 25.00 FEET AI.ID A CENTRAIJ AI{GLE OF 7g"3g'45", A DiSTAI{CE OF34.76 FEET(CHoRD BEARS s 31044 I55II w 32.03 FEET); THENCE CoNTINUTNGAroNG sArD CENTERLTNE s 7lo34tA'ttt w i.1.95 FEET; THENCE coNTrNUrNcALONG sArD CENTERLTNB AroNG THE anc bp A crrRvE To rHE RrcHT HAvTNG ARADrus oF 50 ' oo FEET AND. A CENTRAL ANGLE oF 2 Lo4'r,o2,, , A DrsrAIiIcE oF19.01 FEET(CHORD BEARS S 82.28'18'' W 18.90 FEET); THENCE CONTINUTNGAroNG sArD CENTERLTNE N 8Lo44 r27n w 1G.g3 FEET; .THENCE coNTrNUrNeAroNG sArD CENTBRLTNE AroNG THE anc br A cuRVE To rHE LEFT r{AvrNG ARADTUS OF 25.00 FEET A}iD A CENTRAL A}IGLE OF 95OO,I44II , A DISTAIVCE OF4L.52 FEET (CHORD BEARS'S 5OO4OI4O,I W 36.91 FEET); THENCE CONTINUING' AroNG sArD CENTERLTNE s olooL t z31t w 2s. GB FEET; THENCE coNTrMirNGATONG SAID CENTERLTNE A],ONG THE AR.C OF A CURVE TO THE RIGHT HAVTNG A. RADTUS OF 5O.OO FEET AND A CENTRAL ANGLb OF 31O40151", A DISTAI{CE OF
-)r, FEET (cHoRD BEARs s r.Gosr t 49, w 27 .30 FEET) ; THENCE coNTrNUrNeGil8 :iIB EEffiE*IIilE il33". ilr ;#'"?,^' .H#, #Htr ;?"#"#i-T,: ^RADIUS OP 5O.OO FEET AND A CBNTRATJ AI{GLE OF'2600]-154'I, A DISTAI\rCE OF22.72 FEET (EI{ORD BEARS S ].9O4]-'L,N W 22.52 FEET); THENCE CO}]:TINUINGALONG sArD CENTERIJTNE s o5o4or20, w l-9.05 FEET; THENCE eoNTTNUTNGALONG sArD CENTERLTNT ar,olrc- irie- anc ip A cuRvE To rHE LEFT HAvrNc ARADIUS OF 25.00 FEET AND A CENTRAL A}IGLE OF 60030'O9rI,.ADISTAI{CE.OF 26-40 FEET (cgoep BEARS S 23o34)44n E zS.Lg FEET); THENCECONTTNUTNG AroNG'sArD CENTERLTNE s s3o49,49', E g.59 FEET; THENCECONTTNUTNG AroNG sArD CENTERLTNE ALoNG THE ARi bF a cunve ro rHE RrcHTHAVTNG A RADIUS OF '25. OO FEET A}TD A CENTRAL ATIGLE OF 28"55 '52U , ADTSTANeB OF L2.63. FEET(CHORD BEARS S 39o21'22n E 12.5O,FEET); THENCECONT]NUING A.IJONG SATD CENTERLTNE S iN;i''i"-, iOI'8 FEET; THENCECONTINUING ALONG SAfD CENTERLTNE AJ,ONG THE ARC OF A CURVE TO THE RrcHTHAVING A RADIUS OF 25. OO FEET AND A CE'NTRAL ANGLE OF 42O02'11II , ADISTANCE OF 1-8.34 FEET(CHORD BEARS S.O3o51'51" E L7.g3 FEET); THENCE
CONTTNUTNG ALONG sArD CENTERLTNE .s 12009,15,, w 46.43 FEET; THENCECONTTNUING AIONG SAID CENTERLINE ALONG THE ARC OF A CTIRVE TO THE RIGHTHAVTNG A RADrus oF 100.00 FEET AND A CENTRAL ANGLE oF l-oo3z,so,, ADTSTANCE OF 18.41 FEET(CHORD BEARS S 22oZ5,4Ou W 18.38 FEET); THENCE
CONTTNUING AIONG SAID CENTERLINE S 27"42'05'I W 49.78 FEET; THENCE
ex,'L#i:"":{ : t:u;::t tlH,T':mn*# t;*tr, ii j:i LEF,
lFl$:iu'*N,#4'il\{l|t[lliii{!Jl[|],[|H'
PHASE 1 LEGAJ,
PAGE 14
DrsrANcE oF 40'27 FEET (cHoRD BEAR. s o4o3z'33n w 39.19 FEE"); THENCECONTT}ruING A.LONG SAID C!Y!ry,*'
'-,.8O26'59U E g.34 FEET; THENCEeoNTrNurNG ALoNc ieio deureruri*e A,6NG rHE ARc oF A cuRVE To rHE RreHT}IAVING A RADIUS OF 50. OO FEE? AND A CENTRAL ANGLE OF 41051' 43" , ADTSTANCE oP 36 ' 53 FEE' (cHoRD BEAR' s 02028 ' 53 'r w 3s .72 FEET) ; THENGECONTTNUING ALONG SAID CENTERLINE S 23O24'44U W 52.25 FEET; THENCEcoNTrNurNG AL.NG
'Ai;
ds*ren',rme AroNG THE enc or A cuRvE To THE LEFTHAVING A RADIUS OF 50. OO FEET A}TD A CENTRAL A.NGLE OF 39O55' 48" , ADTS?A.IICE OF 34.85 FEET (CI{ORD BEARS S 03025'50,, W 34.L4 FEET); THENCECONTT}ilUING AIONG SATD CENTERIJINE S 15O3].,04' E 8.35 FEET; THENCEcoNTrNurNG AroNc ieio iilvtBnr,ri'rn ar,oilc rur anc or. A cuR\rE To TI{E RreHTI{AvrNc A RADrus oF so.oo FEEI ^.,D;-;;r;*r;nl" t" 48os3 ,a4,,,A DTSTANCE oF .42.G6 FEET (cHoRD BEARS s 07055,33,! W 4L.38 FEET); .THENCE CONTTNUTNG elrolve sArD CENTERLTNE s 32o2l r-1,, . w 27 - 64 FEET;THENCE coNTrNurxc al'oiid sarp csI,TiERLirss A,,orilc rHE ARc oF A cuRvg ToTHE LEFr HAvrNc a iaaius-br-so'ltio"ir"i, *, A .ENTRAL ANGTJE oFi6"zE'43,, A DTSTANCE oF 23.os FEET (cHoRD BEARS s 19og9r49rr w 22.BsFEET); THENGE coli:rrNurNc AroNG sArD cENTERLTNE s osos7,27u w 102.09'FEET; THENCE- cortrluuiitlii'arcve salo-ciNTERLTNE ATJoNG rHE ARC oF, A cuRu.E' TIrE LEFT HAVTNG a-naorus oF roo. oo' rum aro A cENTRAL ANeLE oF'31'35'r, A DrsrAr{cE oF 9.G5.FEET (eHoRD BEAR5 s 03o1r.,40,, w g.64
;'EEf,] 'rffif;I$" eoN?rNUrNG ArJoNc sArD .EN"ERTJTNE s ooo2s , s2 x w 48. e3
CONTTNUTNG AroNG sArD CENTERTJTNE ALoNe THE ARc oF A "** ,o *"r RrcHTIavrNG A RADrus oF 1oo-oo FEE? AITD A ;"ffi;ti"Ii"-o" oeoss,0o,!, ADrsrA}rcE oF ,1J:_3_1 FEET (cHoRD BEARs s ;;r:;;;r,.*-?. r, FEEr) ro APorNT oN THE soutHsRii'iirvs op r,oi zs-o'sArD sEcrroN r-, THE TERMTNUS;WHENCE TIIE SOUTHWEST CORNER OF SAID-"",,O* l BEARS N 88008,24,, W801" 05 FEET'-TsE asove-irescRrBED -pnopinry
coNTArNrNG.A TorAr ACREAGEor. 43o.GsB AcREs, rqone oi. lnss.
e/s/ee
LlInil flilt Iilill flt llilil ililil illlt H Iilil ilt llll623133 @3/t8/2OO3 @4:@7P 8t447 p962 il nLSDOiF79 of 81 R 406.OO D 0.0@ GRRFIELD COUNTY CO
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Rose Ran.ch P.U.D.
I 3-Sep-99
EXHIBIT B
(An rr exabl e pr.op erty Legal Description)
- Those ;rarcels of properly identified as Future Developrnent, Plase l, FutureDevelopn:ent, Phase 2, Future Developrnent Phase 3 and Future Development, phase 4aud more particularly described on the Final Plat of Rose Ranch plaru:ed UnitDevelopment, Phase 1, recotded in the rebords of th; ai; and Recorder for Garfield
ilfiilt lilll Hllll llll llllll illll llHlll llllll lilllll
523133 O3/18/2O@3 04:O1P 81447 P963 l'l RLSDORF
80 of 81 R 406.00 D @.00 GRRFIELD COUNTY C0
EXHIBIT C
(Gol{' Cou rse Parcel Legal Description)
Those parcels of property identified as Golf Course Parcel l, Golf Course Parcel
2, Golf Coulse Parcel 3, Golf Course Parcel 4, Golf Course Parcel 5 and Golf Course
Parcel 6 and more parlicularly described on the Final Plat of Rose Ralch Plarued Unit
Development, Phase 1, recorded in the records of the Clerk and Recorder for Garfield
County, Co I orado on t/-if., 2 g g g, at Recepti o o ytr o . c:e ? /8. I
),
"claratiotr
of protective co,enants
Rose Ranch P.U.D.
I 3-Sep-99
LFIU J t[LlII HI I il ! U' U! lJIru ]l'llL!lr-r$
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ti-ii-ai'i- qso,ss 6 s-'ss oRnrteu couNTY c0
EXHIBIT D
(Recorded Easenrents, Licenses, Covenants and Restrictions)
1. Declaration of Golf Facilities Development, Construction and Operational
Easenrent, executed by Roaring Fork Investnlents, LLC on ,g-u? ,1999, and
recorded in the records of the Clerk and Recorder for Garfield County, Colorado
on / B?_, Z W, at B o okt!_, P aqe Zg! and Recep ti o n No. %d
2. Graut of Conservation EasemeDt, conveyed by Roaring Fork Invesbnents, LLC
to the Roaring Fork Conservancy on rs-,* ,llgg, and recorded in the records of
the Clerk and Recorder for Garfield County, Colorado ont/.f{c ,ZgW, at Book
/z*z ,Pageztg and Reception No. s6?ei
,3. Easement Agreement, between Roaring Fork Investments, LLC and the
Westbank Mesa Homeowirer's Association, Inc., datedtr-a/,1999, and
recorded in the records of the Clerk and Recorder for Garfield County, Colorado
on/-@ ,1999, atBooVBll,Pagez/ and Reception No. 522?€
4. Roaring Fork Water & Sanitation District Roaring Fork Investments, LLC
Pre-inclusion Agreement, between Roaring Fork investments, LLC, the.Roaring
Fork Water & Sanitation District and the Board of County Commissioners for
Garfield County, Colorado, dategtgd_, i999 and recorded iu the reeords of the
Clerk and Recorder of Garfield County, Colorado ont/fu-,1999 atBook@
PageaZz and Reception No. safi?9
,{1 It,i1*':, .;,' 1't'f is..*.rI s}i,.,.1-r*.,:i:':"1 "}I ::..i.1,r'
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t*ii t ;:{ *i"'*rr,:1,;.},lil:fDeclaration of Prolective Covenants
Rose Ranch P.U.D.
I 3-Sep-99
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THIS GR-{\-r ol co\sER.vAno.\ E.{sL\,t-*T fc; c-;:c;p.-rur,i consci:ir:cs csscnc:iin g:oss is crece *: ++ ?i.of &._, t\9zbv RO.\r$.c FoL< r.\n:sTlrElrs,LLC, a colorado l'njicrl lir:iiilt.crl*, ,-'*;ng ;. uc&ss at 19561 E. )6.rn s-ct, puksr,cciorco 80138 ("Gurtcr"). i: ftvcr or u,. RoARi\*c FoRJi;NSEir,r*1;, e ccrcr:conoc'.crcEi.coqronticn c.rxiii;sc to co busir:ess ia coioraan, ir-rlng an acc:tss gt p.o. Bo.r j3j,BasCg Cclordo 8162! (,,G:rlee,,).
RiT\ESSETii:
[viERE {s, G:zccr is tbe solc owae: lc fee sii!.oie of c:r,ain rxJ p:opcr.r lccsted co i5eP'ca;:cg Fork River i! q+: cou:rry, cotoJo-, .o;+*=,y ccscriixd ia Er\ibir A er€cbihereto aad incqonkd by tL! :rfer:nce (tbc ,,ft0p. . ;;d "'
sE*'rw' Lr r-\'i'u't
glr ,t llr-al!Ii:: j-.":-*9*-:R. *." values as ccfi"J i. E:iG.'s':s.:o.s-ror et sec.. (couccuvciy-r. vEg J.& yqtsss AE C,CUnCg !.Iihqninafcl rcfercc b as ,,Coucl.v.atioo Vrtu.s,)oiggrrat impo:"ance to Gantor, the pcoplc ofGarficld Cousty, a.:C thc pcoplc of thc Statc of C;bred;;
BTiEREAs,
+9 nc^a:rg ForkRiver is a:r Lzpcrturt pa:t of thc lccel ecosystcs ed ar suchprolifes,ltfoHr, habitat icr a widc varicty of birds, nsU aia Uotl msrirc eei ta:esu:sl trr.Elds
f,Tjf:l$.on the hcpcrtv, including a populatioa of gmar bluc hcron ufrcsc rcokcqy bebitarts localtd m &3 elvuool]cc"ally ssnsitive Ta ol the Property and whosc prcse*adoa ana piocctionis.consicerd a prige conseryatibn varue by rr," p*,i.i; .ii"
' TTHEREAS, th€ic is a reesonable possibilitv that Crrartee may acquire ouhcr valrublc'propcrty rights ia orhq necby properties t" .ryr"d ,rrr c"*.rr"ti"i varlr pr.s"r,roa by tigsConscrvation Eascncnt; erd . '
wl{EREAs,!,efi.ological il.tcg"tty of the hopeqr.and orher la:d in tbc viciiir)- hes bccn' modifed by intgnsc urbeniadou in tbe arcs, *i til iliiLlp..t.a b continue; an<i
wHEREAs,.@i aad Grantc: dcsirc to prcscrve gnd coossv'e rlne Conscrretioo Veluesof &c *cpety for th: public tcueit; ead ' -' vv*!' ' E
lvi{EREAS'Fftifit conservationYalues ofthehopcrty are documeotac inao inwatcryofrslemnt fcailEs of the.hopr.ty, dated, . 199_, on 6le at &e officcs sf e13s36 srdattacbcd beteto es Exhibii B and ii-corp-oratcd by this rcfeence @ereinaftcr ,tsascllqc
Doctrmeanrioo"), which Baseline Dccumeaatigf ;*ir[ ol,ipo*, maps, phorograpbs, anri otbcdocumeoutiou tbat the panics a$ee p,rovide, collectively;;;Ltc ivgrcsentcooof rbc propcrry
at the timc of this grant ud wfuch'is inteoded, to scrvc ." * ouj."tive infornation besclinc formonitoring seglp[iane3 wirh rle E:ns of this gnnt; aod
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WI{ERE.r.S, ro cr.s.:-c L\:: t!.c Ct:r.:xnr:ioo \,.Luc:i cithc koccny a.c crcsc;-;:J s:Jnintainecl by t'hc ccntltr:ejcc cf le;c uic palrcns t\ar co r-ot sigjtic:.rrly inrpair or inrcic;: rr.l..\
t'hosc valucs, the Srar:t cf this cocscrvction Ea:cmc::r b";l;; --1,:art.,l
as a conciion or pLD rglsucdivision cpprcval by Gu..'rclc Cotnp in connccion *iu: Graror's proposcd rJcv:lopmc;t oiirsl
cstetc adjae:rt to Lhelrcp.€*-, por*"ito cJ"ia c.** *.*iu:ioo lio. 9s-g0, filcd tbr R.ccc*h thc oEicc of the Clerk e':c Rrcordcr otGarficlc Co,nqi, cotor.ao in Book I0S7 at ;;: iH.;
Rcccpdou No. 531195, Czrd Scprcnbcr 9, l99g; a.,rC
WTiER'EAS, accodi:g.lv, Grattor-ccsiirs ro cctrvcy tc Crrarirec tb,c right ro Frcsrde a:lccroiect the 'Droperry and .he Ccuscn aCon Valucs asscciaied [.r*o in pcryeruigv, end to bnd itseli,
a,.s '*ell as aay end aI fun:c s.ressois or assigirs of Grar:'or, Uy,:. obliguiocs ser forir hern; ecc .
WHEREAST,Ft= T:pullicly supporicd, io(-exenor ron-proEr crgaoizrtloo, qu:liiec
u:rcer Sectioo 501(c)(3) ni 170ft) of rhc fn'terc.rl Rev.r*.i:;lr. whosc primary pumose is tle
preserl'aCon, proEctico' or c*tanccmsnt of land io its naturei, scenic, historical, egncuiuel,forcstcd, a-od./or, ooea space condltioo; lrd.
' WHEREAS, C-rractee agrees by accecting tlris gant ro hor:or rle intentions of Gantor sered
helein and to presene.and protEt in peryetuity t. roni.rrurion.*lu., of the prcperry for &c Lccc6t
of this gcncredon and thc gcicatibru to come; and
!/liqRE4s, thc Staic of Colorado bas rccognizcd thc irnportance of priraic cfrors to
prcscrvc netural'ecosystcEs of thc StEre.by eaactnocniof c.R.s. ! rg-ro.s-tot, ct s.q.
'NOW,
TIIEREFORE, i! considcratiou of the above and the mutual coveracts, tcni!,
conditions, and reskictious lutainec hcrern, ard otler god aud valuablc coosioentiotr, thc reipt
and nrfficicncy of which is hcreby acknowrcdgl, dr*es agree as follows:
1. Cirart ofFasemml. .hrsuant to the la; of Colorado asd in penicular, C.RS. $ 3E-30.5-
1.01, et siq' , Grantorhertoy voluntarily gra[ts, assigss; sells asd Goaveys to t1e Grantee and irs
succcssors ar.d.3ssigns in pcrpetuity i conservatioo-easeueut i"sroir,'of-,b" *** ;;,;
extetrt bcrcinafler ' sst forrtr" oo, over, across 'ard in rcspst to the properry (hereinafteroEasement). '
2' hirpose',The.pyrpose of this grant is to assure that the'conservatioo velrEs of tllchoperty, subjcct to the existing uses of tbe kopcrty, if *y;J;ribed berein, are retaincd forcveraad to Prcvent 8r1y usc of '+. Properfl hat'wili'signihlanit impair or interilre wirh such9::::l-"*:-It:' Gurtoi inreads tiar trre s*..il;[;;"dL;;,h" r,"pqry toacivities that are consistcct nith the purpos€s saforth heiC *d prmuagt to the tcnu of c.Rs.
$ 38'30.5-101, et r.9.:, &! Property prcselred haeby ;;;d Iand may not bc.coaven€c orCirected to aoy uses othcr than tboss piovided hereia.
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3' &tgh!J-a-Lf.dsk. 'i'o accompli.sh uc Furpos€s scr fcrr.\ hcrci:r for t-hc Euicncit. L:c
follo*'ing ;ghq uc h:r:ci.cccve,veC to Grrue b7 G*loc
(a) To idc,ci$' Fr:sstvc a::d pfotcct ir: pcryeuiry tnc Con.senetion values of thc
Propcriy, alC ir, thc cveat cf thir dcg:aCatioa or Ccsn:cioc, to resrore thc signincuri
ecological feuu:r.s a;C va.lucs of thc prcpcrtv;
(b) To etrtc: uDcc ee Fropcrty at rcasourble timcs in orCer to goojtor Gnrtor's
compliencc sith and ctrr*isc enforce the tcrnis of this grant of Eascn:eat; proriC:ri' that such. eaET sn:ll ocr urueesooably inrrfcrs *'iG Gsgroi's usc aod cuier
e.r.joyaicnt cf thc Propcry; i '
(c) To enbancc tle Ccnsenatioa Values along rhe Roaring Fork pivcr by cccCuctlg
giading, plsniiq, L;gatioc, r'rd othcr ac'.ivitis as m3y i. n...rrrry to ortor. *C
cnlrancc tbe edge of u:u r:,ver and tbc surror:nding habitat; howcvcrinorhing hesi:r
5hall 16 dceacC to ccnYcy to C.nantcc eny.righs is aEA to &e otber propenies orrred
by Grantor sinut: er:d lying outside of ttre properq.;(d) To enier thc hopcrty for.the prrrposi oi study acd to make scieatific
obscrvations;
(e) To allow, at sucr tines ss the Grante sheil dggm reesonsble aod appropriatc, tbc
. visiting of thc hopcrtl by members of the public and by public educational
institutions (uudcr such circumstanccs end accoiding b such rulcs as thc Grante. shall from timc ro timc cstablish ud rnodify);(0 To cofotce a.ganst and prevent any activity on or use of the Property rher i3
incousistent wi.ththe Purposc of this gurt of Easctncnt, including but not Limitcd to
frs-D86s ripon $c,Property by *,y *tity, asd to rcquirvthe rcstoration of srch areas
or fesilres of the hopctty that may 6gdam;ged bi *y inconsistcnt activity or uic,
pursuaot h Paragraph 6, below; and
(g) To place signs on thcProperty which idcatig the land as beiog protected by the
conservation essemeat graatcd hereia, the nr:nrter aad location of. Ue signs teirfg
subjecl to Graotor,s ayproval; . :
$)to rcquiru n'srct.don of thc areas or features of tbe Property wtich are Aito,r^ged .' ,
by activity inconsisreatwith his conseryatiou Eascncnt; .'(g) To irnmCiacly cntcr upotr thc Progerty without notice if such entry is necessaiy j
to prcveut dsmage to or the destnrction or degradatioo of tbc Conscrratiou lalucsidentiEid in &is-E:scmcnt; aud
(h) To pet'orn.such activities od thc Propcrty ai the Greotee de€m6 reasonably
necessary in order,ro carr)4 our any and il;gnir Erauted by this Eaiemenr
' 4.' Hohibited Uses. Any activity on or use of the Propcrty incousistent with the purpoee of
this grant of Eascrncnt is. proiribitcd. Without tiniting the gencrality of the foregoing, Uc foUowiagactivitics aad uscs ac cxprcssly prohibitcd;
(a) Subdivisiou of any narure;
(b) Any rssi&utid or inductial dcvclopmot or usc;
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(c) A-ey rccrc.aicsrl.sctivitics iru.npadblc wir-t. rhc purposc o[ tr Eascncnt:(d) ,\ny activi:jcs wUch prcducc loui toiscs;(c) itr':ry vchiculr.l (c.a.i, ti'r.lck, norcrcycre, s::o*trobilc, crc.) usc, cxep( as rmy
E T.:r:rry to lrcsc rc, c:ihaccc o, prot*t. thc Eascr,e:q(f) P_srlcingt s.roi3gc, cr Cunrping of any kina;
(g) col'cngc of lu'r b; asphalt, concr.t, or orhcr oatcris.i that coes not consi:utc
a nahuel cover fcr tlc'la":C;
ft) Location 9f any !:l9gr,f*ctures, roacs, hails or ott,, iruproverecls, ercecithe coosinrctioa and, lccaion by ctanior of a-ti.6ciat ir". rr*oi nesting prero*'prxsuant to ti:c cevclcpu:cet uca,utai"isicn epprovals lbr the RcscRanca pLD;
(i) Alteration of rhe lcd s'-rfacc througr guaog, soil au.ping or ucnching, cxcEpt
as tnry be ncccssar;r icr ectivitics r"latcjto tbe puri.osc cf ,ii, gr*t "f EeseErect
s,ch as iri g sti oa im crovcrcents, habi tat rcstorati oo/prcscrvs ti onlir. ;O F-rploration or aintng for aoy Eilsral, coal oiorbrr tyar"*-uons, or othcr
rnaterials or mbsarss, or excavariotr oi quarrylqg f9r gr.wl, soil, rock, sacc oi' gimil4' materials;
(k) Plscemeot of a:ry edvcrtisilg sigls or biltboards;(l) cuttitrg or rinorzl of uecs, ,hn bs, or other vegetatioq cxccpr as ueccssary for
fire prctectioa, eliminndoq of diseased growth, ia ,i*ii", prot:.tir" ra***.,
relsred to habiut p'rescvaCon/cnhancement i '
(ru) Iatrodtrctiou of uoa:utive plaou and aoirnal sFeies'flirhh ripadan area that nuy
colopetc with anC rcsult is Lhc.decllne or.l.i.i*tion of nsturaisp..ics. Aoy ncw
plantings sball bc rcn6eeC to native pleats charactsristic of tbc riiuian rcgloc;
(n) No uvcstock airall be brought upon rhe hqcry, ard rbe parties oat iopcraE .'to reEove aoy livcstcck wirich cDteE.ooto tu. naserncnr;(o)Exept as. expressly allcwec by paragraph 3(e), acress by tire gcccral public
shall be.prohibitcC;T (p) .Any use that would
emsiou; .
(q) Usc of any chemical ageots such as wecd conkol agcnts or other berbicides or
pesticidcs; urd
G) Drnpiug or other dispoul of toxic and/or hazardous natuiali or of other forms
5' Rercrved Bigbrq. Crnstor rc.s€(ves r:ato itself, and to iu persoual rcprcscntativcs, hciri,
succ€ssots, and assitds,'a[.rieh.1s sr{ruilg toor their.;;htp ;the propcrry, including the dghtto cngage in or penuit or invitc othqs tJ eugege in all ues oio. rrop.rty tl'"t r* ooi.ryLilprohibited herein and uc not inconsistcnt *itf tt.;"tp";;f ,hts Fanr of Eascmcar. Wirhoutlirnilillg thc gencraliry of the forrgorlg, the rouowin! riihs arc irprlssry or.*=ai -
(a) Use of thenopeliv 8s aedii against any requireoents by Garfield County that
may b9 reouestcd as part of a la.nd-use permit for tt. piot."tion of.oper spacc or. patural resourccs;
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(b) Th. rig:t to ;:s'.cre crna6c to the ltopcny or Er.sc=:nr L\sr nav bc causcd, b;-
fuc, flocd' slcl:l. q.b n:ove=rcnB, or.acrs bcyond rhc Grnror,s conrcr;
(c) Thc right tc r:u:dn all exining privrtc .'"d,r, bridgcs, treils, ard sn:cr.ircs, i:
sny, Isrvf,rlly ercejd enC msinr!.incd upoo thc proper.ryl
(d) All wercr rig.rs '*i'.hir tb,e Eascmcnl Warer righu-rescned, incluCc but grc not
limited to riparic, gro,ndwatcr, and appropriatcd watcr.ghts; '
(e) The rightm mun:rily,'*ir.rr Cnantce, eeforcc qgairut anC prtvc,t trcsp&ss upon tLc
Property by anrv c:iii'; and
60 Rights of *.r$ oq over ald up'on thc Propcrty in a mgsci, consistcat rvi'Jr tlc' nailtrn,4,cc arC pnscn'a:ion of thc Eascal.r, *a ti Ccr*qvedonVa.!u:s set for.:
thcrcir.
5.1 - Ilqyqlrnns,rt of Rosc Rnnch P[8, Thc pa.rties hereby eckaorr.ledge t\et
Grantor sball cor:cly r+'ith asd conforra to, and may ect prunrant to, that spcciirc
Planncd Unit Dc;elogrceet plan and relared Gsrfield County land, txe and nrbdivision
aprprovals associerC wirh tbe Rose Ranch PUD (hcreinafrer "Rose Raoch Approval. Docum.nts"), whichPL|D is locateC adjo.o, to the prop.rty. Thcrcforc, storta roy
terms ud provisiogs q6ntains( herein conflict virh aay tcrms and provisions
containcd *ithin t!,c Rosc R.ench Approval Documcnts, tatcrrrs and provisious of- the Rose Ranch Acpmval Documcuts shall control aad govern a.od oo activities
dlo''red purilsnt to thc Rosc Ranch Aprpror,zl Documeuls st tt Uc deemed activitics
in violation of or incoosistrnt with this Eascmcnl
. 6. Notice oilr'tenitn Undpr?qLe Certain pFritrcd ' cf onq. Grantor sbsll notiryiGriaee
prior to undcrtaking aay permitted activities within the'Eascmcnt in order tp gve Granre ao
opi:ortunity to sustus tbat tbe activities in question arc deiigncd and carricd out in a tnflulr
consistmt with the Fqpose of this Eascmenl Whoncvs notici is required, Crralton sball noti$ .
Grantec in writing not lese thatrthirty (30) days prior tothc datc Grauton inteod to uodErtake the
activity in qtrestiou. The notce shgll delcribe the natr:rc; scopc, dcsign, locetiou, tirnctable, aod aoy "
o'r}rcr material aspcct of ti:e proposed activity in sr:ficieni deteil to penuit Crrantcc to make an
infrrmed judgmint es toits consistenc€ withihe purpose ofthis Easencnt. . . . r. . .,.,
::''?., Cranteets A@ro,ral. Whcre notice is provided 16 Grantce by Grantor as requircd in
Sectioo.6 alow or othenvisc F:rsuat to this Easernen!.Grantee sball grant or witbhold its approral' subjcct to objections and/or conditions in witing withi! thkty (30)-days of rcccipt of Cnsntors'
writtcn regr:cst tbcrsfor. Gaatec's approval may bi witttreta oiy opou a rcasouablc dctcrurinatioa
by Grrantlc Y *. action u pmposcd would bc incoruistcnt with the.Frpose ofthis pcacot
q. Arbibetioa. If a disputc arises bctwcca thc partics conccraing the consistcncy of any
proposed uf-ol activity with the puposc of this Eascmcutl aud Ciraator agrees not to procccd wiui
tle we or activity peading resolutioo of the disputc, citbcr party may refcr thc dispute to ubitation
by reqrrest T4.. e *titing ugon the othcr. Within thirry (:O) aays of the reccipt of such a reqgest,
rhe partics shsll sclea e silgle arbitraror to hegr tire rn"tter. Ii tUc prrti", ,=. *"b1. to agcc oo ttt
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sclc:icn oIr si:elc u;itruct, L:sl :rch puty sh.:Jl rd].!T,c ol:i:.::i;::or u.:C L-.c (rvc a;bi-;rrrs L':u:j
sclcct'l sh:Il scl,-ti a tlii scicri:r; poviticd, horvcvei, it- ci:cr pa-r..1. i:rils to 3cl!.:i .r, u:irrtor,
or iithc rrl'o uci:lors scicc'*t by the parics fail tc sclcct i:c *.::C u;:iu:rtct rrirhi:: fou-.cc:l (lr)
&i's a*:r hc appcin*clt cf thc secontl ubiusror, thca i: cgch suct:, i;,st:ccc s progcr ccui, oo
pcdrica of e pc.ry, shall apcoi:l: Lrc seconC c( thjrc uoiE:tc: or boi\, rs Ae crsc rirf,]' b,c. A
juclgncot on thc ubi-:tion a',rard r:ray be cntcrcd il er . cc,s. hr.,.i:g juisccticc tbe*ci. Toc
pn',ailing pav- si=l!'bc s:Eilci, ia adCiioo ro such other reiicf as oyil g;L:i:d, ro c, rc3soceblc
rirc as a:rd for ell ils ccsi: ai'ld ertcnses rclsrcC b srrh arbiuadc::, iiclCi:g, ni'.trcri: tlilccor, the
fees and cxFeEses of r.c arbiratcr(s) and afioraeys' fccs, whjcn shail bc Ccielr.itC by tle
aibin=(s) enC ac;" cou.-. ciccn:etnt jr:risdicico urai may bc ail6 r.Fcn i,o e:fc:re o; =r'iew Ec
awcri.
9. .Gra:tsgls Rcmuqiis. If Grut:c iacra.iocs tbat Gral:or cr any oih- paqr is il
violaion of tbe tsms of i$s Easeiaeat or that a violation is tbrcstctcd, Gr-rrcc siull gii'e winee
ect.t tc Grarrcr or such cther pary of zuch viclaticn god Cc!,:nand corecdvc ecCon su.Ecieat to crn
&e violation acC, whce tbe violation involves injuy to tlrc Piopcn.r* rcsulting frco a:y usc or
activiry inccnsisteot with tL,e purpos€ of this Eascment, to restore thi pcrdoo "f U. hoger.v sc.
injrreC. tf Grantoc cr otber paiy iails !o cue tbe violadon wi'iin thirty (30) Cays afir r:ccigt of
noticc tberccf from Cr:!:rEe, or u:cCer circumstcces ufrcrc tbc violsticn carmotrcssonably bc c.rrcd'
\,rrithin s thirry pO)-Cay perio( tails tc begin curing srch violation *ithin thc thirty (3O)day psloq
cr fails to coutiur:e Ciligently to cure srh violuion'until Fnrlly curC, Crrsrtcc oay bring a.: ection
at law or in cquity i.a a corfio. of competcat jurisdictirin to.eefcrce tb,c terurs of this Easacni o
cajoin thc violuioo, ex parte es neccssary, by tcraporery or pcroraucnt iajuactiorL to r€covc any
d".ages to which it may be endtlcd for violdtion of the tero.s of this Easemeat oi injr4r to a.ry
Conservaticu'Values ptotecteC by tbis Easemcng incluCing danages for thc loss of ccologicai,
. riparir+ wildlifc or environmetal valpcs, and to requue the resoraiioo cf tbe Propcriy to thc
condition that existcd pnor to aiy such iajrrry.
'Without limidog Gan'ois' or 8ry other parties' Iiability thc::for, Grast:e, in ie solc
discretion, may apply aay dau:ages recovcrcd to thicost of undsteking agy coriEctive acCon oo the
Property. If Gantcc, in is lole discrction, determincs that circumstanies requirc imrocdiste action
to prcveat or mitigate significant dauTage to.the Couservstion Values.olthe Propcrty, Grect* may
punue its rcmcdics under this paragraph without prior noticc to Grantor or other party or witbout
vi'r:*g ibr th,c peicC r:ovideC for cr:rc to acpire, Crrau'.:-.'g nghts urder uis iaragraph apfty
equally io the cvent of cithcr actual of tlucatened violations of the tcrrns of Lhis Fxscment, acd
Grantor 8gF.s that Graate't r..sdies at law for aay violation of the tersrs of this Eassrnent ui
inadequrte a.rd tbat Granlee sball bc eotitled to thc injuoctive relicf describcC in this paragrryh, both
proiribidve a.sd mandaiorT, in acdition to such other reii.f to which Grartee Euy bc srtitlcC,
including specific pcrforaance of thc tcrros of this Easrmeo! nithout thc n*essity ofproving eitha
ecgual dimages or tbe i.na,Cequacy of otherwisc avsilsble legal remeCies. Crrantee'i reoeCies
describcd is this paragaph shell be cr.rmulative iud shall bc in ad"dir:on to all rcrredlcs Eow cr
hcreaftcr ecisting gt lsw or ia equiry.
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9.1 costs of Erfgslq:c:,t- r\-l/ co.,rs L:curcc b,v Gurc: in cafcrcir:g rhc rcrm.r oI
this Eascrlcxl sgrrr:qt Cnator, incluCing *iticut tiniution costs of suit'anc
stiomcysr frcs' ecC any cssts of rcsrcratior: ccessilgtcd bv Grstor's violgrion of $.c
tcr:ns of this Es:er.rert, shrll bc bomc by Ga-:tor. If Ca.otor prevails in a:ry scion
to cuforcc tle tcm:s of uris Ettenaen! Gcantor's cosis of suit, includ,ing without
limitetion ancmeys' fccs, shallbc bornc by Grastce.
9.2 Ctrantee'rDkcrstion. Enforccmcut of ttre teros of uris Ease:,ncnt shall be at tbe
Ciscrctioa of Grar,tcc, a::d any forbcan=cc by Granrec to cxercise iu righ6 uCcr this
Eassr:,ent in tlc *'*t of aay breech of ab,y tern of &iyiasesent by Crantor or otlel
perty sball not bc CesseC or coosEued to be a waiver bv C-rnnrcc oisuch tera or of
slly of Grantc's dglts l:rdsr !}js Eascrmot" No cclay oi omissioa by Crraotee io rhc
excrcise of T{ rigrt or rencdy upon aoy brcach b Qrentor or .th., paf/ sbrll
impair such rigbt or renedy or be cocstrucd as a waivcr.
' 9.3 . Grantor hcrcby waivis aoy defensc of lacbcs,
cstoppel, or prcsciption.
9.4 AstrBeyood Gantor'd Conr.ol. Nsrhing conraincd is this E,,ocmcat siull bc
@nstnrcd to entitle Grurtee to briag aoy actio-n agairst Graotor for any injury to or
ghang€ in tirc Property TIIting from causcs bcyood.Graotor's couhol, inciuding
without lioitalioo acu of third parties not ageots or representativcs of Grantor, fire,
floo4 stonu, and eerth movement, or Eom aay pnrdcofacdon takeu by Crrantor r.n&r
e$crgcacy coudiiimrs to prwenq abatc, ormitigarc significant iojroy to.thc P-p.rty
. rcsulting from such ca$cs.
9.5 Granto/s Ahsence. If Gantee determines thst this Corucrvation Eascrncnt is,' or is eccpccted to be, violatcd, Grantec will roake good-faith efiorts to noEff thc
Graatbr. I{, through reesouabli efrorts, Grattor cannot bc notified, and if C-yrantee. determincs that circumstances jrrti$ Fompt action to rritigqtc or preyent.
rmpairmcut of thc ConscrvationValucs,.then Grantce nay prrsub is l"*firl ,"rAo' witbout prior noticc to and without arruaiting Graator's opporn iry lo cure. Grantor
ag.cs to rcimbr:rse all costs associatcd such actioos. "
?'6 . Gantor acloowledgis that acilal or
tbreatcued qslts of aon-compliance rurdcr this Conscrvafiou Easement constitute .
irnroedi-ac and incparable harm and that Gantcc is intitlcd to invoke the equiublcjurisdiaion of the court to enforcc this Cons€ryation Easemcrt iu such .*"..
10. Access. Excqt as otherwise sct forth hlrcir, no right of acccss by urre g<reral public
to any portioa of the hw_ertl is convrycd by this EascmcnL Gmalr shall be responsiilc for poiting
its sdjscent Rosc Rand PUD propcrty with sigru iCcntifying thc hopcrry as being prototcd by uhc
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cooscrvsnon css(:'::c:i g:an:cd hcrcin, urd for crccl;rg fcrccs or o,],cr bsiric:-s cn tic r,Jjrcsnt F.csc'Rr.ch PUD prcpc{,'to ciscorsSc any fom, cf rcsfass upon u\c l}ropeny.
I 1. Costs anC Lirhilitkn. Gantor rctaics all rcsponsibiliry onC shcll ,ces s,ll costs ud
liabilidcs cf any lcn'l n!atd to t,\c owncrshlp, opcration, rpk..p, and moint.::rncc cf tbe kcpe:r/,
includlng tbc mainrcrne cf aCcquatc'comprchczsivc gencrai liabiJiry insu.rgce cove3qe r.r':th thc
C,rantce nemed Es al eCCiuoC innrcd thcrcu.nCer. Gantor shail k:ei the propeq'Ec: oieny lica:
arising out of eay work pcformed, for, matciats furnisbcd to, or obligaioos irc.rsd by Gector.
1 1.1 Tgxes. Gutr:r siuJl pay all Lrxeb, assessmeuts, fccs,'and chnrges of wlercvcr
Ccscriptioc levied on ot *r.rscci agai::st thc Propcrtv'by ccmpleet er..tonqr
(collcctively "Taxss"), incluCing ary Tares imposeC rpor, oiio.,:;1.d "t
a rcsult oi',
rhis Eesemcn! enC shzll fumisfi Crantcc nith sldsfactor,v evideue of paymc:lt upon
request.
' 1 1.2 StavsidshiF Fec. C-rrantoi, its successors aad assigns, shall pay b Grs.oce a
. ' . fee (hreinaftcr "Ste*zidship Fee') fcr those durics aid obligatioos of Grastcc
related to unCercking etrd overseeing thosc Conscnratron Valuis sct forth hersin,' whicb duties and obligatioru shell consist of tbo following tluee cooponcots:
a. Monitoring ruks: at au hburly ratc of 520.00 pcr horg for each hoqr
cxpeaded by Gmrree.
b. Edrrcetional P.'ograns: al an hourly ntc of $20.00 pcr hou for . crablrr
cxpcndcd by &antce.
c. : at a yedrly rdte of 5950.00. .
The respective riglrb, duties and obligations of Grantor and Graotee rclatcd to thc
stewardship Fee sball be goveraed r:nder the following.provisions: .
i. niiting. Bcginning upon thc date of extrution of this Grast of
Easalent, Graote !h|ll proriae Graator with qrurterly Stcwardsbip :' ,. Fe: iovoices itcmizing thc .Mouitorine Taslc'nctrorroc and/or
Educatiooal hograms complaec dr'ing iu. pr.ri.,t fuw'(3) nonlb
ti:nc pcriod and the houi cxpcndcd by Gaatee ui:der iach said
c.tcgory. AEy and all costs sct forth in the stewardship Fee iavoiccs .
submitred to 0rantor shalr bc rcraled to or for thc tencfit of tLc
Properry and/or the conscrvation values aet forth in this Eascrncot..
!..trfy*[y invoice sball arso irclude th. pro rats Emount cbargcd
for.Mairnena'ce Rescrvc costs insrrred for the time pcriod, cnantor
shall p.y Granre all cbargcs sct forth withis thc invoice within sixty
(60) days of Cnaitu's ieceipt of the saoc.
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Sis*rC.iin Fm Aqnurrt. Upon rcccipt of thc qrrrcrly Stc*:rCship
Fec payricnt, Gantcc shsll immcdistcly dcposi: thc suc into a
scpafiIte, intmsr-bcaring account establishcC solcly tor thc
msilrnsnce. of sr"rch fuods.
IaeJgl:r f.bary$. Thgt portion of the Stcq'adsirip Fcc arributablc
to lv(baitorag Cbargcs and Educgtion hograros shail uot excecC thc
following limits:
lv(onitoring Tuks
A. Durag the fivc ($ monthpaiod cxtcnding in acy givee'ycsr froa
Fcbrr:.rr1' l5 to July 15, thc.numbq ofLours to'bc cbarged Gra.nbr by
CrraEtE fcrMonitoriag Tasks shall uot excecd six (O horl: per weck.
B. Du-cag thc seven (7) mooth period extcnd.ing in any given ycar
from July l6 to Jaauary 14 of thc foUowing ycsr, rhc total nu.orbcr of '
houn to be charged Gantor by Gantce for Mooioring Tasks shall
not cxccd six (6) hours pcr mooih.
C. In thc west thit tbe blue hcroa: which nest oo Ut f.p*y strould
abandoa tcir ncsts, the numbcr of houn to bc cbarged.Grantor by
Grantee forMoaioring Tasks sh.sll uot eccccd twclve (12) horus per
ycar.
Edpcationnl Programs
Mninterrpnce Ras'n, . The lvlaintensncc Reservo constitutcs thgt
portioo of the Stcwardship Fec reserved an{ naintabed within the
Stewardship Fec accotrot forthc purposc of firnding hsrd costi related
to the Propcrty including, but uot tinited to, the following: '
rcplacenent of vegetation in thc crrcat of floo'ding, coostnrction of'
nests, fcocing addition of vegetatiog rcplacenrent of sigrs, repair of
vutdalizcd property, and 'othcr forgsccable or unforesccable
contingmcies br weots relatcd to th.e hoperty. In the cvcot the
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8'$ount r,unuir:cc in thc stcwardship F * acccunt for rvraintm,a::cc
Rcsclvc, plts a;p[cablc intcrcst, trrccs or cxecCs thc totc] o[ tjucc(3) ycarly Mainrcnancc Rcscrvc p.yrot (,,3 yatr Total'), thc
quancrly chargcs uscsscc by Gantc-for ]v{al'rrcoance Rcscrvc shall
be stspcncd ,otil zuch timc as funds uc expcoccd for the abovc
statcd purposcs aod thc accor:nt is drawn bclow thc 3 ycr Totrl.
slewarcshin Fee A(fustment. tn the scre discrstion of Gurtee, the
gbyses .asscsscd by Grantce for Mouitoring Tasks, Educariona!koga:u uta[ [yrrin(gnancc Rese:ve may !" adjuted ennully
pursuint o al"eul coruumc.r Price Index increzscs bLa on tbc most
recent Degver8oulder All lrcms Icdcx, publishcd by the u.s.
Depertmelt of Laboq B.reau of Lsbor sudslcs. Ftutlcrmorc, upoo
mutul a€Fernent by Cnantor sld Gra.ctre, such chargcs rlai be
othenrisc increased to cimport with hisorical costs incurrcd, cosu
expected to be incurred, or actual cpsts incr:rred by Grantcc in
fulfillrneat of its duties herer:ndcr. :
t2'1 sls:ss. 'llhis &srocnt
constihrtes a real propcrry intcrcrt i.-.ai"t ty ,in.a io or-t"s, whictq for thc
purPoscs of paragr4h 12, the parties stipuJac tobave a fair oarket value dctc:miiid
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by nul:plling rJr [::r nr'ukcr va]ue of thc propctty uncrc,mbcrcc b,v u:c Erscnc:
(ninru any inc:ssc Lr vrluc eficr tlc datc of this g::nt atr.but.rbic tr: impcovcricnu)
by thc ratio of the vsJue oI tlc F,qq1sssl at rhc tircc of ttis gjeni io thc va.luc of tic
Pcopcrry, without ccCucon for thc valuc of thc Eqser:cnr, at thc tlnc of th.is grr.rt.
Thc valucs at thc dre of this grert shall c.k Lhosc vgl.;es uscd to elcula'.c .tl:c
Csiuciou for fcdcml inconc ta\ purpssca allowable by ccsson of this grs,t, prrsn3.!:i
to Scction l70G) of the Lrtcrc.o! Pc'retuc Codc of 195{, u uncnCed. For uc
PurPoscs of this pcagnpL ttrc raiio of tbc veir.E of thc Eascmc;r to'fic veluc of i,hc
Pioperiy unencuE:cci by thc Eascncnt shall rerrain consrent.
122 Coniemraticn. If thc Euement is trken, in wb,olc orL-r part, by cx<ise of t}c
powcr of clnincct &Eein, Gantce sball bc entitleC !o coEpeosation in ercordcc
*'ith apliceblc law.
13. CharBe of ConCitiohs. Thc fact tbat atry use of rhc Propcry tiut is'cxprcssly
prohibitcd by tbis Eascc'lr.l, or aly other rrsc dctcrmined to bc inccasjsrEnt wiih thc purposc of this
Easecent,.rnsy become rncr, economically valuable thatr pemdttd uses,.or th.at neigbioring
propenics oay in the futu= bc put entirely or partly to u.:]cs tL"t *r not per:nined bere'.nCc, hrs
bir:n coruidered by Grenlor in granting this Eascment. it is Ganror's belicf that eny srch cbsoges
wilt inciese thc bencfit to rle public of thc coutinuatiou of thie Eascoenr, eod it is thc ineot of both
Grantor and Crrastec th.at e.uy t*! chnngcs should not bc dcqlcd to bo circumcaaccs justifying the
tcroipation or eninguishnart of this Eascment pusuant to Puagnpb 12, abovo. ln sdditioni tbc
unproftability to Gnstor of allowing Gantcc to carrT oa the pcmitrcd uses idcotiEcd hcrcin siull
uot impair thc invalidity of this Eassmat or bc considcicd gounds for iu extinguishmcat pr:rsrrant
to Paragraph 12, above.
14. AsqiFnent bv Crtantic. Tbis Eascment is tansferablc by Grantce upon not lesr thea
forty-fivc (45) dayspqgrwitca uoticc to Grantor; Fvidc4 bowcva,' G'rantcs nay only assigits
rights q"d obligatioru urCer this Eeserna.rc (1) to an orgaoization that is a qrralified orgnniz'tis11'r3
the timc of tansfer rmdT Seaiou 170(h) of thc Intrroal R.eryenr:c Code of 1954, as amcndcd (or aay
succcssorProvision thci applicable), and the applicable rcgul*ioos prdmulgatcd thereuads, end
authorized to aoquire and bold conservation easemcnts undcr'ColoraCo law aud; (2) upon uriren
conscnt of Gantor as to the assignee. fu'a coudition of such umrfer, Grantcc sball rcquirc tLA ttre
conscrvatior pulposes ard Conservatioo Values of this gmnt continuc to cxist aad bc carried out
Such assignBcot shsll bc subcriz.e{ eed approved by Cnantqr, its iuccessors, or xsigns.
15. A"signmsrt or Suhscqlent Tra',qfer hy Grantor. . Gronbr aigccs to ingor?oratc thc
teros of this Eascmeat in eny d*d assignment or othcr legat inskdnent by which it divees isclf
of any irtercst in all or a portiorn of he Propcdy, including, witbopt limitation, a lcsschold intcrcsl
C:antor fuitircr sgess to give writteo notice to C:rantee of thc trgrsfa of any ofCnartor'e intcesl
in tbe Propcrty at least twcrt, (20) days prior to the dato of zuch rransfer. Thc failrxe oi Graator to
perform PI ot re4uind by this pamgrapb shsll not impsir the validity of this Eascmcat e1 lir:ri1 i15
eaforceabiliry in any way. Subscquent successors or assigns of Crrantor, L'rcluding but coi linitcC
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tc a t'.cnco$:ic;'s lra.i.i::, s:3r bc requircd to provicc ur::cn :cr:orvi:,.lgr.e:.: ro cr:rrcc oi
its ir:ccnt to bc bourc src ebidc by alltems and pnovi:ici:s c; cis Eescr.e:.( sr.c p;-ibm, dlcu,ucs
l6' e'ncldaGj. If circu=sianccs arisc unCsr wiilc;: 3.::, m,c:c-ceri to cr ncCt'icetioncI this Easemcnt *1u-19 !c l.crrolriatc, thc pari,ies roy joiluy s!ic::d th,e Ecscaect i.e, *riii:rg
Pursus-ot to C'R'S' $38'30.i'10?; prcvicc{ howevci, ifru, i. o,.;dac=t shall bc a.!lowcC rhct
3'ffscts &e q,e lif;qadoc of ec Eucnccnt undcr thc IRS Codc fi C.R.S. , 3g-30.5- l o I c: scc.., a:l-
such anrmdmcnt siull be ccrsistcri '*irh 0rc pupors of rhc Eass:c:-t s\rll not aEcc iu pcrpcual
Cuiaccrt sball r.ot pcE:it ecciuonal developmcri or biprov*.r*ls to bc uccelrakel on uhc kcpeq
otber tharr dcvclopmcnt o; iscrovcneot pciairc<i ru:C* tl. ios*.rt, cid shall uot i:npa:r eay of
the CoEselvation Valucs of the.Eascment. A-uy such ag,endrs,r <hrlr bc recorcci ir tlc cff,cirl
rccorCs of Garficid Cculr, Coiorado.
l'i ' . Inte?retatipo. Toe provisions of this Eascrncut shslt bc liberally co:rsr*:cd to
effecruatc u'reir purpose of presennng and protectiag thc hopcry's wildlifc habitat, unigue rudvc
sniEsls, end related tiPT*, community. No r.oed/o..!.cdtugircu by any provision hirein shall
bc Ccerned exclr:sive unlcss so iriicgte4 but it sball, whc"r., poiribl*, be cum,'rrdve *ith elt othcmedies et law or in cquiqv. Tbe parues achowlcCgc rhat cacl p:ry urd its counsct havc rcvie,rcd
aud rerised this Esscmcnt and tbat uo rule of consrr.i:tion tbat *tijriti.r are to bc rcsolveri agsinst
thc draftiag parcy sh,all h eoployed in the inrcrprctation of this'Ealene:nt. If any provision io ttit
iruguracot is for.rnd to bc anbiguolJs, an interpretation consistecr r*ith the pulpo; of tfri, Easeoent
that would render the provisioo valid shall bi favorec oyer ary inicrprcrarion that would reader it
invalid. In the event of any conllict between the provisions of ihis Eo.=*, and, tbe provisioos of
any usc and zoning rcstrictioru or directives of tli Starr of Colorsdo, Garfeld Counry, or ury otbcr
govemmcatal cntity with jurisdictiou, thc ruore resticive provisious sbail apply.
l8' Estopq€l CedFcat€s. Upoa rcqucst by Crrautor, Gantre shall within tweaqt C2oFayscxecute and deliver to Graotor any document, including * .rroppel cenificarc, which .ertifi.s
Gmator's compliass. with a:y obligation coutained tiltnii this Ecsement asd otlisrvise evidences
the stat,s. of this Easement as ,oay be rsqucsted by Grantor.
' ' 19' bb!ill+, y'Jly notice, demaaC, rcquest, coEse'iq approval, or coanus.icEtion that
ei{rerParty desires or is.reqqired to glve to the-othcr si:all be i1 ":iiig arr"ithq'sqvid p";.*1,
' 'To Grastor Roaring Fork lovestoents, LLC
Parka, Colorado EOl3g
Phone: (303) 84I-8072
With CopyTo: 'Balcoob & Grccn
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To Grantcc:
c/o Tim Thulsoq
818 Cotorado Avcluc
Olcnwood Sp,rings, Colorado 8 l60l
Roaring Fork Couscwancy
P.O. Box 323
Basalt, ColonCo 8162l
Phone: (970)927-l2go
With Copy To: Freilictr, Myler, i.cimcr & Cartislc
c.ro Shauc Harvey
106 S. Mill Sreet, Suit! 202.
tup.q Colondo El6ll
20. Recordation. Grastx shsll record this insfirment in Cmely feshicrs in tle official
records of GErfeld &*ty, Colorado, and may re.record it u aty tinre as may be requircd to
prescrvc is rights in &is Eascmcut.
Zl. Gsneralprovisions.
(a) gmfiollinLlaw. Tbc iutcrpretatioa andperforaance of this Essemcot qhatl !q
goveroed by thc laws of thc Stats of Colorado, t .
C) Sevc"abiliU. Ifany provision of this Eascmeot, or thc application tbercof o
a.oy Parson or circumstance, is found to bc inrnlid, the rcmai"dcr of the provisioas
of this &.icmen. g or thc ipplicatiqn of auch provision to pqrsons or circnmstasces
other tbaa thosc ss to vfuich it is found to be invali4 as the c€se r,ay bc, shall not be .
a.ffectcd tbercby:
(c) Entirc aEremem.
(Q No rprfcitrue. Notbing contaircd herein'ili[ reiutt io. forfeiturJ orrcvinion
of Cvrantor's titlc in aay rebpect. .
(c) Srrcccssorq. Thc covcuints, temrs, cnuditions, and restictioru of this Easerneut
shall bc bindiag upou, and inure to the bcuefii o{, the pertics hecetq and.thcir
respcctive personal regreseotatives, heirs, succc$oni, and assigns and shall cootioue
as a scrvihrCc nrnniag perpc@ly with the property.
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(gTermination.ofRightsandQbligation!..Aparty,srightsandobligatioosunder
ttris Eascmcnt terminatc ,poo t *rlffif tue partyt inerest in lhc Easemcnt or
Property, except that liability for asts or opissibns oocuning prior to uansfEr sh.ll
survive transfer'
(dgaptions.ThecaptionsinthisinsftmenthsvebeEninsestcdsolelyfor
convenience of rufern* *a ,ru oJ u pttt of6i. instnrnent aud shallhavo no effect
upon constnrotio.n or intorpretation'
(h) Counteua$. ThE -F$"t. may cxocrile.mit.i'***t in two os EotG
cowrter?arrs,Gi.u-rUJf, i" th;';gstgtt"' Ut signed by bogr partiesl caoh
oountcrpart srsll be ammiA an origiiit iistn'*unt * ae"imt any PaQ u/to hsg
signed it. fo tfr, **t Jt -y dffi*tty;"Gcn tlre co,nterparts producc4 the
rc-corded countsrpart shall be contolling
IN WITNES S WIIEREOF Grantor aad Graube haw excoutcd this grant of Easemcot sr tbe
a"V *o vL* nt* *itrco above'
GRATITOR:
CRAI\TffiE:
ROARII{G FORK CONSERVA}.ICY, a colorado non-profit corporadon
SEF 13 '99 L?'34PN FREILICH, NYLER, LEITNER & CRRLI
By:
By:
RoARINoFoRKINVESTMENTS,LLC'acoloradolimit€dliabilrtyoom?arv
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A PT\RCF.I. Ot" I,AND SITI'ATF.D IN I,OTS 9, t2 A}iD :6 OF SEC:TION 12, TO$A{SiiiP 7
19Y II"YIIIJJ: wEs'r, oI rHE srxl'H pRrNcrpn L MR.rDr,L\, cou.\ry oF:": 1., !-ly *t \ri. o:, ry.c.r r, ul. l.r_t ts slx l H tKlNCIpnL MR.[DIrL\, cou
GARFIELD, srATE 0F cot,oRAi)o; SAID pARCEi, oF LAND BEING lvl oR[
Pn RTiCULARLY DESCRIBED r\S FOI.I.OWS:
colvfLfl:NCIN*G AT TI lE EAST QUARIER CORNER OF SECTION 12, AN ALUlvlNLrVtcr\P LS No- 22580 FotN'D IN pLACE; TIIEIiCE,N s9o07's:,,w A DISTANCE oF g6g.t3
FE} T TO THE NORTFIEAST CORNF.R OF I,OT I6, THE POhIT OF BF.GINNhIG;.I'HINCIJS
OQOO6'02" I ALONG TI{E E STERLY LINE OI'SNID LOT t6 N DISTANCE OF
555'52 I'F'ETT0 TIIE SOtlTIltiA,Sl'COlL,\ER OI: LO'f l6 SUC'fION 12, A ItEt]AItA,\-t)cnP F0UND IN PLACE;THEI'ICE s 89o59,0g" w nLolic rHE sourHERLy Lr.\iE oF
I.OT l6 SECTION l2 A DISTAI\ICL: OF 56.00 r.IIlT TO A pOINT ON TIrE, nASTERI.y
BANK OF'fHE ROAR[I{G FORK RIVER;THENCE LEAvtNc SAID SOUTHAnIy UXE. TIIE FOI,I,OW]NG SF,VEI.I (7) COUI{SI]S ALONG TIIE EASTERLY DA.NK OF SAIT)
RIVER:1. N 13010,47,.W 190.96 FEET2. N23055'27" W 153.52I?EEl.3. N 12016,49,,w3n.67 FEET4. N 00000,00,' w 250.21 FEET5; N 10o28'59', E 196.5Z FEUI..6. N l9o0g,44j,E 420.08 FEET7. ' N 09o51'42 0.369.?4 tjtuT;'rlttNcD LEAVING sArD EAst'ERLy IIANK
N 67o25'06' E 41.81 FF.ET To A poINT oN TIIF. F.AsrF.RI,y I.TNE oF l.or 9; rrncn
S 00"22'I I' ]i ALONG THE EASTERLY LTNF. OF SAID T.OT 9 A DISTANCE OF 606.90rlJll'l"ro THU sou1HEn s]'coRNER OF Satr: I.oT 9;THENCE S 03.1l'58, w ALONGl'I'(E ]]^SlI1RLY LIND Olr LOT I2 A DISTANCE OF. Z4l.0s FF.ET TO Tr{E potNT oFBIlclNMNc; sAID PARCEL coN'InrNtNc 7.1I I
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MORE oR LEss.
NOVEMnERSC. tr9s
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IIERON.EAS'
923 CO0PEH AIENUE. GLEN\ /OOD SPH|NGS, COLOFADO B1EO1
Telephone (S701 S45-8676 . Far (gTOlg4SASSs
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Location: Gar{ield Cotrnqv. Between Glenwood Springs and Carbondale along rhe Roaring
Fork River. Drive south from Glenwood Springs on Highway 82 for approximately t milesro
the conflueace with Canle Crcclc
!:q{ !.:"ription: U.S.C.S 7.5 minure Cattle Creek quadrangle. T7S RE9W Sl. 12, 13. T7S
R8SW S 7, 18.
Genersl Description: This site includes approximately a one mile strctch (approsimately 200
acres) ofthe Roaring Fork River at about 6000 feer. There is a nanowleat'conon*ood/willow
(Popuhc angtstifolia/Salm sp.) riparian communiry along borh sides of the river. .{ sagebnsh
(Arremisia tridenratQ dominated shrubland is adjacent to tt. riparian zore on the easr sidc of rhe
fiver.
Biodiversity Rank Justitication: A grcat blue heron (Ardea herodias) rookery. oae of
approxinrarely 100 in Colorado. is located in rhis site. This colonial biid species appels rc be
increasingly cotrrmon y !1 state but is quickly being thrcatened by habitai altsradon (pague a
al- 1997)- The Colorado River cu$hrout ttout(oncitrynchus.ctaiki pleur:iticrs). also
documented inrhis site, is a Forest Service Scnsidvc and. a State Specia Concern species. The
inuoducrion of non-natite trout specics. dating to tSii:i2in Coloradl. is considered iprimary
cause for the decline in numbers and genetic ptyiry of Colorado Riyer cutthroat uogl The'
populatiorrs of Colorado River cunhroat that are siill genetically inect are now a priority for
conscrvation. Since this location has not been samplJd sin." tbgz anaihe generic purity of this
occurreuce is unknown. the occuttence is considerid historical rurdl funfrerr.searcL is
-
completed.
The mountain whitefish (Prosopium v'illlamsonr) is also known ro occur in Roaring Fork River
from Glenwood Springs to near woody Creek and unverified occurences have been reported
bet$ten Woody Creek and Aspen. There are few rivers in Colorado known to contain this fish
species. It is mostly rcstricted to the northwestern ponion of the stare.
Biodiversiry Rank 85 General or srare-wide 6ioai"ersity inreresr
A rookery of a state-rare great blue heron. the mountain whirefish. and a historical occurrcnce of
the globally-rare subspecies of the Colorado River cutthroat rrout are documented within this
sire.
Prorection Urgency Rank Pl
This site is immediately threarened by residenrial and recreadonal development.
Management Urgency Ranlc IVII
Restricted access to the rookery is essential to prevent loss of this element occurrence.
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Cattle Creek
Location: Garfield Count-v. Between Gtenwood Springs and Carbondale along rhe Roaring
Fork River. Drive south from Glenwood Springs on frig},*.y 82 forapprosmitely E mihslo
the confluencc with Canle Creelc ' '-'
Legal Description: U.S.G.S 7.5 minure Cattle Creek quadrangle. T7S REgw Sl. 12, 13. TZS
R88W S 7. lg.
General Descriptiou: This site includcs approximatcly a one mile sterch (approximately 200
acres)of the Roaring Fork River at about 6000 feer. There is a nanowleal'conon.roodArillow(Populw angtstitolialSalix sp.) riparian comrnuniry along borh sides of the river. A sagebnsh(Artemisia tridentato) dominated shrubland is adjacent to1h. ;p*ian zonc on the east side of rheriver.
Biodiversity Rank Juttificatiol: .A ercat blue herou (Ardea herodias)rookery. one ofapproxinrately 100 in Colorado, is located in tris sfue. ihis colonial biid speci& appears to beincreasingly cotnmon y !! state but is quickly being threatened by habitat altsradon (paguc aal- 1997)- The colorado River curthrout-trout-(onc;fuci; cbi*t pteuriticns). alsodoctrmented inthis site, is a Forest Service Scnsirivc and a State speciat Coucera species. Thsinroduction of non-nati'e trout specics. a"ti"g,o iitt" c;l"*do. is considered aprimary
cause for the decline in numbers and genetic puriry of Colorado River cutthroat rout Thepopulations of Colorado River cutthroat that are stitt g"netically intact are now a priority forconservation' Since this location has not been samplir ri".r ig92 and the genetic purity of this
occrureuce is unknoum, the occurrerrce is considered historicat until further r.ra*n i,completed-
The mountain whitcfish (Prosopium v'illiamsonr) is atso known ro occur in Roaring Fork Riverfrom Glcnwood springs to near woody Creek and unverifi.d ";;;;;;il;Enreportedbet$een woody creek and Aspen. There are fcw rir* ir ciiorado known ro contain this fish
Biodiversiry Rank 85 General or sr"t"-*i@
A rookery of a stale'rare great blue heron. the mountain whirefish. and a historical occurrenct of
the globally-rare subspecies of the Colorado River cutthroat rrout are documented within this
site.
Prorection Urgency Rank Pl
This site is immediately threatened by residentialand recrearional devclopment.
Management Urgency Rsnk Ml
Resricted access to the rookery is essential to Ioss of this element occurrencc.
species. It is mostly resuicted to the nortbwestern portion of the stare,
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Narural Heritage element occurences at the Cartle Creek site.
Elenrcnt Common Name Global
Rank
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Rank
Federal
Status
State
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Dleuriicus
Colorado River
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* EO=Elernenl Occurrence
Boundary Jurtification: The site includes the rooker-y and a short buffer up and downsueam on
the river ro protect frorn direcr distrubances.
Protection Rank Justification: This site occurs on private land. Residential developmcnt is
currently.occurring on the east side of the river and the nest sidc is scheduled for housiug. This
may partially or complerely destroy thc rookery.
Managemcnt RankJustification: A managemenr plan forthe long-tcrm survival ofthc grear
blue heron (Ardea herodias) rookery should be developed with the privare land ouner. Diring
nesriug season activities should be restricted (devclopment. grazing, rccreatiorq etc.) within rtr-
area on both sides of the River sunounding thc rookiq'. Til river quality, timing and flow
should be kept intact as it is important forthe viabilig' of great blue heron and mountaia
whitefish. Hydrologic considerations must exrcnd bet'ond the sire boundaries to rhe entire
waterShed.
Grcat blue herons (Ardea herodias)are known to abaldon nests and colouies wi1r increased
visits by hr:mans arr! with road building and logging activity. The responses of birds to
disaubance grcatly depends on the time of breeaingseason. A buffcr off OO meters minimum
wherc no human activity should take place during iounship and rresting seasons is rccomnrended
@utler 1992).
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GR,\.\l' O I' CO}S ER\',rTT O.\ E.\SE.\I.E.\T
THis GR-'llr oF- co\sER.vAno.\ E.c,sL\,r*T fo; a-pcpcruai cu.ns*^:c!, cgscnc:iin g:o::s is r:.rce'o,s _d_a! or ie ,1lg,Zti io.*gnc FoR( ni1,=sTl*lrs,LLC, a color:Ijo.l:njicd lil:iii1v G"n, rrring
":. oaoss et 1956j E. )rr:n s_cr, puksr,cciorco 8cr3s ("G:r'rtcr"), i: frvor ot ,i. Roiiil.;;ott coNSER.VTL\clr, a ccrcr:concc'prcf;': coporatico c.ur'!:!:c to co busine* i. coio*.nlt,.*ng an accrcss gt p.o. Bo.r jjj,Bualg Ccloraco E[6?! ("Gr:res,'). rs"'r5 'I' t:us:LJ) i:r i
RTTNESSETii:
\-eiiEREqs, G:zr:cr is the sole owa'e: is iee su:eple of c:ra,in r.rsJ p:a;cqr lcccted co ueP.ca;ing Fork Riveru q*.]g Counr)r, Cofo.:q ii;+;iy Ccscrik.J ia Erlibir A srccbihereto aad incorporatcC by tlr.;rfer:nce (thc ,,fr[;*;;;;
wERElts'^F hptry Fcsscsscs ca:ua!, ecologlcal, ripariaq q,,6tl:n,ls bebim; wilcjfcbabiat' scenic agd' othq opcs wElc valucs as ccfinec i" c.ns. s 3g.30.5-l0l et sec. (couccivci;rhcnina-f,er r:fcrci ro er "coucnaiion varu.si ii;;;;.a"rce to Ganior, the pcoprc ofGarficld cousty, a:d, thc pcoplc of thc statc orcotoniol r''*vw w v'srur' u
vTIEREAS' thc Rct'r:rg ForkRivcr is ae Lrpcrtant pa- of thc lccal ecosystes end as suchprovides impor.ant habitat fcr awiCc varicty of birds, nsl eia Uotl mariae esi tcrrsHal rr-enr=alsand' plents loceted on thc hcpcrf, including a populatioa of gnat blue hcron ufr.r. ,ookgry.brbio,is locatsd in a: ev:roooceully scnsitivc ryr ol trr. p.p.r.y?i ohosc presesedoa ar:d protcctionis.consiCercC a pn+c Conseryatibn Value ty tf," prni.i; ,ia-'-
' wHEREAS,tcc is-a reasoruble possibi.litv th.at Graetee may acquire ouher valuableproperly riehts ia othc aecby propenies t" .qo*d ,r,"'i"*.rr"ti* na.t pi"."*a by tnisConscrvation Eascmcut;erd. . '
WHEREAS, tbetiologic{ ilrrglty of {e.koner-U.aad orher land in thc viciiritl.has bcen' modified by intgnsc rsoeniedon in tbe are.g aod the tead is eigectcd to continue; ao<i
WHEREAS'@i aod Crraah: dcsirc to prcscrve and conserv.u,h. co*."ration Veluesof thc kcpcrti for ths public Leuefti g3d sv vvrv,s
Wi{EREAS' fus-xcific ConservationYalues ofthe-hopcry are documeotec inauiuveatcryof rclcrent fixnrres of thiPropaty' dated, ' . r 99_, on fire at &e offices of G,ante o.d,atuchsd herao as Exhibit B end iicoryoratcd by this *l;;-(u1;il.li:; ,tsa'crhc
Doc'mcourionr'), which Baselire Dccuoeaatigl **iri .f ,;G;;, fi;;;il, uui orhedocumeatatiou tbat the pnics .g* F.rid", collectively,* *l *a iryresentaEoo cf tbe hoF.r?at the tinc of this grant and wfuch'is inteoaea to ssrve * *-ouiotive infora:ation basclinc foi :ocnitoring compliaocs wi& tbe te:urs of this grrrrrl*d
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WI{ERE..\.S, to ci.slr L\:: rlc Cr:nxn.r:ioo Vluc:i ci r.,\c i\occriy as ci.usaT;;d g-.gni:rt.necj bv r'hc ccr:tlrurjcc cf tcc urc parcns $r. co -, ,i;;.;ffi;* ,TrFi.r.J-. *.,ttlosc vilucs' the Sract cf tiris cocsc:ryation Easc-mc;t b";il; La.t.d ar a conciion oipLD.:gjsu'udivi:ion cpproval by kiclc counv ia connccion *i* Granrcr's pri:co:x:l dcv:ropr:rcrr oiitslcs(atc adjaccnr to uhcrrcp.<:rr, pursruai,l i;;il;;;;,u..ioo |io. 9s-s0, firetr fo; Rccc*ir thc offie of rhe cre;k a":c Rscordcr or-ci1!c]a cn*li, c.ilrrro in Book l0E? ar pagc 862 aiRcccpdon }io. 53 I I 95, &rd Septcabcr 9, l99g; ,C -'-, ' -" "
wriEREAs' accodi:gJy, Gra-rtor,ccsiius to ccovcy rc Gcriree the riglt ro Frcsc.:-de sr!c'oroiect the 'Drope47 and tle ccnsq-,atioo values *..i.t a [.]*o io pcryetuitv. znd io bud itsc[as *ill as aay and ar ftrr:n succssors or assigirs oic*il;,;;Lu obliguiocs ser forjr h$su:; elc .
WHEREASi,Ft=
?:pu:licty sqopo'tcc, to<-exen:lDt;:on-proEt crganizrtloo, qu:Ii:iec,'cder sestioo 501(c)(3) *.<i Ii0ft) of rh" f"i.J R.;."*id.o* whosc primary pumose is ticpresen'acon' 'protection' or elhaa...ot of lurd in ir natrii, scenic, historical, egncuJa,al,forestcd, andlor,opeo space condjtioo; and
' VHEREAS' Gtactee agrees by acceptiag this grurt to honor rhe inrcadons of Gaaior statcchoein and to presewe,:od.crotEi in piryetuity u.."*.**i.n.tu., oitbe kopery for thc bcsc6tof this gcncradon urd thc gcccitibns to come; and
: WI{EREAS' tbc siaic of colorado has rccognizcd thc inportance of privaic cfibrs ropreserve netural'ccosyst(ns of thc sr"te.by caactrrocnt of c.R.s. $ 3E-30.5-101, ct scq.
Now-' THEREF0RE, in considcratiou of the above and the mut,al covenr'ts, tsms,conditioru, and reskictioos containcd hcrei4 ad oorr gooa-.oa;ffi;;;r;il;.i * rccciptagd rufficicncy of which is hcreby acknowrcdg"d;rd;;;.gr..., foilows:
1' Grant ofFasemm!. 'Punuarrt to the laws of Colorado and in penicular, c.Rs. $ 3t-30.5-101' Et seq' ' Grantor hereuy voluntarily grafis, assigrs; s"tt, ,oa coqveys to the Graatee and issucctssors and assigns in ptrpetuity i conservatioirueuent i, grorr, ; il** ad o rbccxleBt bcreinadcr set foi'!' oo, 1r..,-,J.ffiiffiilt to the propertv ([ereinrftcrnEasement). ' '
Propcrty' subject to ttre existin! uses of tbe'Propcrty, if any, described hecein, are retaiued forcverard to PrcYent eBy use of +. rroperry tryt will sipificantly impair or interfere with suc.hcouservatiou values' Gantoi inteais ,iu, tt. r*r.ilt *iu .'oon " the use of the pro.oe*y toastivities trst ah *n.]n:.o, .'*irh the prry";;; frffi;;#; pur:,uqnr to the temcs of c.Rs.$ 38-30'5'101' et ttq:, th! Property pres.rved haeby;;il laud may not be.coaveniec orcirected to aoy uses other tban thosc pioriaeJie-ril.-,
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3' Rtghx-of Cffi 'l'o accompli.sh t:c Furposcs scr fcn\ hc;ci:r fo: uhc E:risnc:.r1. L:cfollow{.r'ig nghu arc h:r:c;; cccve,veC to i.rrurtrr b7 Gu::lcr:
(a) To idc'ci'fr,Fr:sclvc a:'ld pfotcct ir: priperuity tnc Con.scnerion valucs of t1cPropcry, alc ic the cvent cf ri:cir dcgacarico or cesti-,:ctjoc, to rcstore the signinceniecolog:cal fcarurc.s atC valucs of thc prcpcrrrv;
(b) To eEtc: upcc tlc.Fropcrty at rcasourblc tiioes in orCel to noqjtor Graltor,scompliance qiu acd c',rrwisc enforcs rhe unris of this grant of Easeneat; proviC:rithat such. eaf,y sr:ll nct unreasooably inurfere siri G:croi,s usc aod cuicre::joymcnt cf thc prcpery; I -
(c) fs gnhaa6g &c Ccr:se.riatioa Vaiues along the Roaring Fork Riva by coccucrnggrading, plsliing, L;gatioq and other uiviies ,. riy Ir necessary to rcsrore arccnhancc the cdge of L':.e c,ver and, thc surounding habitat; bowcvcr, nsrhing hes:.:,5hall !6 ccgrcc to ccnvey to C:rantcc any.rights ia aoa m the otberpiopenieJow:cedby Grantor sirrratc e::d lying oulside of Ure nopemi.;(d) .To eoter the hopcrty for.Lhe p,rpor. of ,tuay acd to make scieatific
obscnrations;
(e) To dlow, 8t sucl tines ss the Grantcc shall dggm reesonebls and ap.orogriatc, tbc
- visiting of ti:c .hopc0 by member of tbe publ.ic and by public eiucationalinsdtutiorx (trndcr sucb circumstanccs snd according !o such nrJcs as thc Gtanrce. shall from timc o timc csEblish and rnodify);(0 To cufore a.eenst and prevent any activity on or rrse of the property thnr ig
inconsisieot wi',h the purposc of *,is gmnt of Easctnca! including b,ut not Ulgit;;frs!86s tiponthcfrop.tv !y *y *ity, and to r.qGtb; rcso""tion of such areasor feshffes of the hopczty that may 66 jr-oged bi *y ir"onsistcnt activity or uie,
pursuaot b Par.agraph d, below; and -
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(e) To place signs sn the Propcrty which idcntify the land as being protected by tbeconseration eeselneat graatcd hereiq the nuortcr and locatioa JgU. signs UeingsubjecltoGantor,sapproval; .: - .-
(h) To require re'stomtion of the are.rs or featurcs of the properry whict ,re ttarnagcd, .' :
.by activity inconsistcnt with his consqvatioo r.r.-.ioq'(g) To irnmeciacly cntqupotr hc Properly wirhout notice if such cntry is n**r*y , '
!:I::it,9T.gr r,o orthi destmction oi a.grrd",i* oi,u. conscnationlarrrcsidentified in this Eescmcnt; and
(it) To perform.such activitics oi thc hopcrty ai thc Graatee dee@s reasonablynec.'sary in ordarc carry out any and il;ehi, g*i.A Uy tf,i; E;;*;
' 4' Frrhihit'd Uses,
.1.-il.y 1c$U oD or rue of thi Propcrty incoasistent with the purpoee ofthis graat of Eascmcd is. proiribitcd. wiuout tirdting tt. goilJiry of the foregoin!, the followiegactivitics and uscs ac cxprrssly prohibited; . 'u --
(a)
(b)
Subdivisiou of any narure;
Any rssi&atid or indusEial dcvclopmcnt or we;
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(c) ncy rccraicurl.activirics iru,r::padble wirh drc purposr oitl.r Eescncnr;(d) .\ny activi,Jcs wUch prcducc loui coiscs;(c) A":y vchiculu (ea'i, tiilck' no,orcycre, sno*taobirc, ctc.) usc, cxcp( as rnr.v
* T.:rjrry trc lrcsc rc, cnhaccc o, prot*t. thc Eascc,e:.q(fl P_srlcing, sioi3gc, cr Cucrping of any tcina;(g) Covcngc of larc b," a.ohalfco.o.t , or othcr matcriai rhat dces not consirrrc
a orttual covcr for uc.laaC;
ft) Location 9f any i:teo,:*!furcs, ron.rs, tails or otba improvqtects, elcepi
L::.o.]f:l:t,*i lccaion bv Gantor of adficial btue heron nesting pleaor=s' plusuaot to ti:c cevelcpu:cet u:d subdivisicn approvels lbr tbe Rcsc nancir rio;(i) Alteration of te led sr.riacc u'ougrrgaG, *il d;pid ir c.a.li".g, cxcrr
a's Inty be^ncccssaqr fcr ectivitics rcla-tcito thc purposc cf this grart of Eesenccr
s nch as iri g rti oo im-crovcnents, beb i tst rcstoreti oo/prcscrve ti onler. ;o Exptorarion or a.inrng for aoy Ei..srar, coal or'orrri iiarJ"*it*, o, oth.,materials gJ 5g!grrc!s, or excavarion qi quarryrry for grarrat, soil, toc.k, sa.EC orsinilar maerials;
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S) !l*.".eot of ury advc,rtising sigu or billboards;(l) cuttiag or rirrolzl of trecs, rt*ts, or other ,.g.'*ioo, exccpr as necessary forfire prctcctio., eliminodoo of diseased g6r14q ia riorii* prlt.ctir. ,o*i,*.,
relercd to babiur presr,,adon/cahan.*it.
(m) lntodrrctiou of coonative plaotsana *mrf sFxies wirhiuripadan a3es ttutrceycoopetc with anc rcs-lt i,o rhc.decline or rLi-ir,rtion or*t*iisp".ics. Any'oewplantings shall bc *n6r* b native plsnts characteristic of thc ripuiao regioc;(n) No livestock M !. ho.usht upou the nopcrry, ara ,b";;;, suu 6operarc .to remove any livcstcck wirich cutenr.onto t}c. faierrcar;(o)Excrpt as. expressly allcwec b,v paragiaph 3(e), idss by the gcccral publicstull be.prohibitcC;
(P) 'Any use that would cltrrse, increasc or sdbstaatially add to ths risk of soilerosiou; .(O 9t of aay chemicai ageats such as wecd conkol agcuis or othcr herbicides or
G) qmPiug or otlrer disposal of toxic and/or hazardors nateriali or of other formsofrefirscqbash. '-----.----
5' Resc*ed Hghll. Crastor rcserves r::rto itsetf, and to its persoual rcprcse,:rtstivcs, heiri, .
successors, and assigfrs,'8ll.d+ts sr-{ruiry toa their.'r*.rrhtp ;the properry, including tbe rightto cngage in or-permit or invitc olhas to'engege in all ues of tb. rropoty tbat are not or,prcsslyprohibited hercin and erc not inco'siste"t *itl tl.;*p.;;'f tlris graot of Eascmcot. Mthoutlir':riiisg thc generarity of thc forcgoing, the rouoGi.iffi;;.*prorty rcserv.cd:
(a) Use of theProPsriv 8s credii against aoy requirerneDts by Garfield county thatnay b9 reouestcd as part of a land-use pernrit f;r th; piot."tion of.opes spacc or. natural rcsourccs;
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(b) Tht ri6:t to i:scre dr:::ra6e !o the Propeny or Euc=:nt r-hai mrv bc cau-sed, bvI:**$:l.* 1$. r::9vc:ncnu, or.act!;;;,io. e;;; ;;"J,Iuc, ll.cdi sl.,cr:). csJ. r::9vc:ncnis, or...rs b,cyonrl drc G:nror,s cor:rc[;(c) Thc rig-ht tc nu:-lir.all exining privetc s3naq, bridgcs, tnils, a-ed rucr.rcs, ii.
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(.d) .A1l wnmr rigsr *irhin tLe'Eascmcnr. v/arc righu-rucned, includc bur grc not
!,Tll.d to ripanc, gro*ndwater, and approprir*Jil"r;*il; t
G) Tne right m aculrily,'*'iuh crrantc., *rfoo. ageirur arc ir=vc,t trcsps.ss upon rLc
Property b:r an,v *ir-r-; and
(0 Rights of access oq over a.rd upbn thc propcrty in s 6rn!6 consiytcat rvi{r thcnairtcna,cc arc pnscra:ion of rhi E*.*.arlod ,h. i.;;;on va.!r:cs set forurtbcrcir.
5.1 Thc partics hereby eckaowledge thei
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Planncd.Unit De, elopnreet plan and relared Gsrfield co*ty land, rxc and, nrbdivision
approva-ls assccierec wirh tbe Rose Rasch puD (hcreinaltsr..Rose Raoch ApprovalDocu,cats), whicePLD is locetec adjaeat o tbe propcrty. Thacforc, sboia aryterms and provisiog5 6ssteing( hereL coaflict witr *y terms and provisions
cotrtained *ithin tlc Rosc Ranch Approval Documcnts, thc tcrtrls -JprJririo* ol
9.. Rof Ranch Appmval Documsr.s shall control aod govern aod no activities
allowed pursus,nrro thc Rosc rLnch Appro,al Documeuts shall bc J;; ;;r#;;
in violation of or incoasistcot with this-Eesemcnt.
opi:ortuaity tl cusurc that tbe activities in question arc deiipcd and caricd iut in a ru!.o6consistcnt with the pu{pose of rhis EascmenL Whsneycr noticl is required, crr.o,o"luu aotifiGraotec.in rvtiting not.lese thsa tlfut/ (30) &ys prrior to thc datc Grantor: inteod to usdErtaki the
activity in qr-restiou. Tlie nocce qhcll (6iti6. th. *t r*; scopt, dcsign, tocs6o!, tiroetable, aad any
other matcrial aspcct of d:e proposed activity in sumcienf d.ut L';*r,iiil"Gi. make an
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Crrantor sbsll notiry'Grdnteeprior to rmdertaking aly permitted activities *irlrjn th.Tr..-."t ia ordcr " g; Granree al
r$ormed judgment es to.its consisteuc€ with ttre lurpose oitr,i, ar*,ent. ,..
'7: - (irantee's l!l 'ntr-at. Whcrc notice is pmllided !o Grantee by Grantor as requircd iusTPi,^6-"!:r:lo,hr*iss F'r"rsururr to this r"rm.irt .c"rol. ror[ errqt;r;tbild ir approrar
subject to objections and/or couditions in wdting within rhirtJ/ Go)-d8ys of rcccipt of Gantors'written rcqucst thcrufor. Gastee's approval may bi withhcB;iy
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. r.*routt.'iii,,r-i*tioobr crrantS Y *. action x proposcd wourd bc incoruist.ir#ur-[,;.prrp;;;G, i;r;;-
' q' &S*;..lfa disputc arises bcturcra thc partics conccrning the consiccocy of aoy
proposed wc.or ac-tivi? *ith the qurpose of &is E*"*.utiana darotor agrces not to procced wiuhthc use or activity parding resolution of the dispuh, .tth*;"rry iuy *r."-tle disputeio ubitzrionby reqrrcst made in *rifrn:B tryonrhe other. Within',hlrq, 60) dryr of the receipt of su& r rcqu.n,lhe perucs shall scleci e siagle arbira:cr to hcer the rnatter. ti tnc perti"s dc ussblc to agcc on thc
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sclcctgj sh:ll scluxi c tlii ucicrcr'; povidcC, ho,,vevc;, it-cl:cr par-.;.. iuils to sclc*::.u s:itr-rior,
or iitLc rw'o uoisuors scicc:,-t by the parics tait tc sclcct tc ..L.LC ::::iu:rtcr rridr:n fou::ctn (l.l)
&1's a:'tr hc acgcinnc:i cf the sccond ubiclror, thca i: cgch sucn i;,st:ccc s prop€r ccrsl, on
pcitico of e pa.l, shall apcoi:l: thc secouC cr thjrc uoiErrc: or boi\, gs the *, r":;- bc. A
judg.rncct on thc arbitsion a'.rerd nay be cntcrcd in anf.cc,s. hr,,.i:g ir::.:sc:cicg tberof. Toc
cievaiLing pery'sizi!'bc siu:!cc, ir adCiioo to such otlel'reiief as r.yi; g:e:rd, to g.rcsoceblc
ei'cl as and for all is ccsis aiic s(pcnses rclercC to srh arbira:c::, irclCEg.. niucu: l;micioq tle
fces and c.\peises of tl:c ubir:ucr(s) and ittoracys' fccs, wbjcn shajl bc Ccte:r.i:C by tle
albic==(s) e-cC ac;v cotL'. cf ccn.:er:nt jr:risdicico thai may bc crle, upon io e:fcre oi =,,:cw Es
ewsrd.
9. -Crra:tee's Rc::ncies. If Gant:c ccte:Ei.ocs tbat Gralior cr *,), o..nr peqr is.il
viols'don of the tcms of rlis Eascraect or that a violation is t!.^rcctq:cd, Cra-rtcc siCl gir.e wrinee
ccc". to cmr,tor or sr.rcb cthcr patr7 of zuch vicletico God dcrnn,d corectve action su.Ecienr to crE
tbe violation 9C, whce tbe violation iavolves inju'y to'thc Propc;!- rcsu[ing frco e:y usc or
ectiviqy inccusisteot witir tLe purFos€ of this Easement, to resrorc thi pcnioo If rh. hop"q, r".
injrreC. If Cta-rtoc cr other pa;itr' iails to crue the violarios wirbin thirty (30) Cays a.ftr riccigt of
noticc ttrerecf from Gant*, or urCer circumstcces urtc= tbe violsticn .*noi re.rsorubly Le crgcd'witin a thirry $0){..ayperiod, tails tc begin cuing nrch violatioe*ithin rhc tirirry (jo)dry pcroq
cr fails to continue Ciligently to ctue n:ch violsrjon',rntit nnrlty cured, Crrgrtec maf brins aa actioa
at law or in cquity in a cour. oi'competcixt jruisdiction to eafcrce thc tercls of tiris Easccot, to
cnjoin tbc violatio0: ex Pare es Deccssary. by tcmporar.v or pcmlatrc!:t icjunction, to rccovc aoy
&.mages to which it may be endtlcd for vtoidrion of thl t#as of this Easerrmt oi injr4r to ori
Coaservaticu'Values protected by t[is Easemcng including damages for thc loss of ccolo$.rl,
d.p*ir+ wildlifc or envuon-eltal valucs, and to requlre ihe r.storatioo cf the Property ti thc
couditiou tbat existcd.prior to aay nrch injury.
'Without limitiog Ga::tois' or Ely other parties' liebitity thc:tfor, Gra-lec, in iu solc
discretioo,-Eoay applyaoy danages recovacd to the cost of r'',dstaiisg .gy .or,*tive acCon oa the
Propcrty. If Gantcc, i1is.1ote discrction, determincs th.at circumsu;cs require immcdists astion
to prcveaa ormitiEatc si-flficant danage to'tbe Conservsrion Values.of.the itop"rty, Grentes may
pursue its rcmcdics.under this paragraph without prior noticc to Grantor or other poty or lvitboutv;r::g for tl.c peicd,5ovided foi .u* io ;rpirc, oraer:+: nga.6 *a*, -ni; furgFrgh appty
equslly in tbe cvent of ciths acttul or tlucatened violatiors of the tcrms of fhii *s",m."t';Ei
Grantor sgre.s that _Graste
ts remedi.es at law for any violation of t6e terfis of this Eassroent ui
inadeo-uste a.rd that Grantre shall bc eatitled to thc injr:rctive relicf describcC in this paragrryh, both
proiribidve ald- mandatory, in acdition to such otf,er relief to which Grantee *y 6. LiiU.a,
inclu'ling specific pcrforaalce of tlc tcrms of this Easccaen! *itbout the necessity of pmving eitha
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dfl"g:l c &e iofe.quacy of otherwis" .rO"Ufu lctal remeCics. C-yrantec'i reocCies
describcd is this Faragaph sh^all be cumulative iud, shali Uc L eAeiton to all rcnedics Eow or
heresffcr o.isting st lsw or ia equity,
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9'l Cnsts of Ei-fqsrnc:,f rLrT co.sts ircr-rcd b,'- Gurcc in ccfcrcing Lhc rcrn.r oIthis Eascnrqt f,geinql Crentor, inclucing *'iricut lin.iutir:n cosis of suir'ancstiotacys' fecs, ecC a:ly cost_s of rcsrcratioa uce:sitgtcd by Grnror,s violsrion of $.c
tcr:ns of this E^sscmelt' shull bc bornc by Geetor. If Grraror prevails in a:r;- scionto caforcc the tcrcrs of this Etrcrren! Ccanror's cosis of suit, inchd,ing \rithout
limitetion aitoneys, fccs, sLall bc bomc by C.rra*ce.
9'2 Cjrrntee's Disciction. Enforccmcut of the terms of tiis Eescirent shall be at thc
Ciscrctioa of Crrartct, a::d any forbcaru,e by Grantec to cxercise its righrs uCcr this
Easc'alent in tLc *'stt of any breech of ahy tem of this Ei-.", by Gantor or otlcl
party shall not bc &encc or constuec to be e *ri;;. G"rrrcc of such terao or of
a'ry of crante's rights r:ndsr this Eascocot. lio cclay or on irrion tiC"*i.. ir, at.
excrcise of any rig-ei or rsncdy upo! aoy breach by Grantor o, .t1,., parr/ sbrllimoair s.cb right or renedy or be cosstrucd as a naiver.
9.3 . Grantor hcrtby waivis aoy defensc of lachcs,
cstoppel, or prcsciption.
9.4 AsB Feyoqd.Gantor's Coni,ol. Nothing containcd in this Eascmmt siull bc
consurrcd to entitle Gralrtcc to briag any action agairst Gtaotor for aoy injrry to or
change in thc Property resulting fron causes bcyond.Grantor's conbol, iociuding
without limiudo.u acts of third parties aot agcnts or representativcs of Cnantor, finl
fl oo4 stonu, *1.:r*h ror..*g or Eom r"y p^a*tLd,oo takeu by Gantor trn&r
elncrgcacy cooditicns to prwea! abate, or mitigatc siqrifica.ot injqrto thc P-p.rry
rcsulting from such causcs.
9.5 Granto/s Ahqence. If Gantee deterurines thst this Corueivation Easeuant is, .
or is cc<pccted to be, violatcd, Gmntee will make good-faith e6orts to noiff the
Grantbr. If, ttrough rc$ouabli efforts, Grantor .rinot bc uotified, and if G,rantce. determincs that circurus+'nces justiS Fompt action to rdtigat€ or prevurt.
imp.airmcni of tbc ConsqnationValucs,.then Crrantre may prlrsu'c itslarrfirl reoeCies .' without pticr noticc to and without awaiting Grantor's opporority to c,ue. Crraltoragccs to reimbusc all costs associated *lh r"tioo.. -'
9.6' A,bfual or T.hreatened Non-gomrti"n.". Gantor actoowledgds tbat actual or
tlreatcned wcnts of aon-compliance uudcr thiq Conservatiou Easemcnt constitutc .
irurediae and inepuabre barm *d th"t cn*t."1;ffi,fi,;;;rk, th; *rr"ur.jurisdiaioo of the cou* to enforce &is conscrv.d;" i;;.;G ;;h ;;:-
10' Acccss' Exept as otherwise sct forth hsrEi4 no right of acccss by the gencral public
to any portioa of thc hopcty is convrycd by this Esscmcot C*r:to, shall bc responsiih f"r e"aQiu adjacenr Rosc Ranch PLjD properly withsigru icartifying tl. noe."ry as being protcctcd by uhc
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cooscrverion ejq:1c:i ganrd hcrcin, uncl for uccttg fcsccs or odrcr bsiricrs cri t:ic adj:csnt F.csc'R.:rch PUD prcpc{" to ciscoungc any fom, cf Ecsp-ass upon r.\c Fropeny.
I 1' Costs anc lirhilitkut- Grantor rctai.cs all rcs.consibility enc shelt 'cer all costs udliabilidcs cf any hnd re!a'*d to the owncrship, opcraruoi, upt--.p, arid mo]nrcnrir:cc cf tbc.tcpcr/,includlng tbc roeinrr'ane cf eccqurtc connprchcesivc gcneral liabiliry irLyr:ra.cce coverqe r,l.:th thc
Gant'ce n'e'caed es al ecciuoC innrcd thcrcu^ecc. Gintor shall ksep the pro.cery- &c of c.oy licasarising out of e'uy work pc;fornred, for, matcia.ls furnishcd to, or ouligeioos iccu:ed by Grctor.
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Ge,cr siull pay all tete!, asscssmeuts, fccs,'egd cbrrges of wlrrc',.erCcscriptioc levicc on or 8.:rscsscci against thc rropcrry'by comp-acrt err,horigr(collectively "Tates'),in:rding ary Tkes imposec upoo, o, incr:r:d es a rcsurt oi',
this E^eseacnt, erd shzli fiunistl Grantcc rlith sadsfacto.,r.ria.o* of paFrmt upon
request.
' I 1'2 Stavsi.dshi.LFer. Grantor, its sr:ccessors and assisns, shall pay to Cn311iec a
. ' ' fec Coseinascr "scwardshio Fee') fcr those dutics ai-d obligations of Gtaorc:'
related to unccnaking end overs.eiog tlos. cons"r*tiln va1ues sct forth hcr:in,' which duties and obligations shall coosirt of tbo following tluec componcors:
Monitoring fuks: at an hbr:rly ratc of 520.00 pcr how for
cxpcadcd by Grarree.
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F'frrcption?l Programs: al En hourly rate of 520,00 pcr hou for
c*pcndcd by Gantce.
Thc respcctive righb, duties and obligations of Grantor and Grantee relatcd to thc
stewerdship Fee siull be governed ,nder the following pioririo*, .
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Ejrire. Bcginning upon thc date of exbcution of his Grant of
Easernrng Granre shall provide Graotor with quarterly stcwardshipFee hvoices ircmizing th9 Mgggring fasla,p"#r.a -alo,Educational Progams completed druing iU" ir.ri.,L .thrcc'(3) ro"ttimc pcriod and the horui expadcdiy inaotce under each saidcat8lu. Ary and all costs sct forth i! the ste.ivardship Fee invoices .subnitted to Gmntor shar bc reraled, to or for the beucfit of trc
ltopory and/or the conscrvation values eet forth io this Eascrocot..
Eachqr:ar.aly invoicc sbal arso incrude th. pro rat' a.ount chargcc
for Mairnenencc Rescrvc costs incuned for ttrc time pcriod. Gras-torshall pay crra're all chargcs sst forth wittri! the invoicc within sixfi(60) days of Gaitsr's itccipt of the samc.
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Stcrlud"iip Fe Aqqourrt. Upon rcccipt of thc qr::rcrly Stc*:rdship
Fec payr,cnl Gantcc shsll Lnmcdistcly dcposi: t-hi src,c into a
scpafiIle, intcsr-bcaring account csrablishcd solcly t'or thc
msrnlcmnc4. of such fuDds.
ld&I,b,tls^Clagil. Thst portion of the Slrr.ardship Fcc rributsblc
to lv{oaitorag cbargcs and Eduetion hogralcs shall cot excesc thc
following limits:
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Pe. !r: (5) month paidd cxtcndirg itr stry givee'year fiom
lcbn:sqr 15 to July 15, thc.nusxbq ofhor:rs ro'Ur.iri.a irraator by
cr"a't* fcr Monitoring Teqks ghall not excccd six (o houn per weck.
B. Druing thc seven (D moath period exteud.ing is any given ycar
from Jull' I6 to January t4 of the fo[owing ycsr,-rhe total numbir of '
ho,n to be charged Gantor by Gantce ioi uooitori"g Tasls shsu
not cxscC six (6) houra pcr mooth.
c. In tbe weut rhit the bltu hcroos which nest ou thc pro'pcrty should
abacdon thcir ncsB, the numbcr of hor:n to bc charged.Grantor by
Gmnrec for Moaioring Tasks shall not caccccd nrclvJ(lz) borus per
lv(omtoring t.rk,
ycal.
Fducaional Programs
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tv.Maintrn:ncc Raserve. The lvlaintenancc Reeervo constitutes thrt
portion of thc stewardship Fec resen'ed an{ maintaiuid within the
stewardship Fec account forthc yurposc of firoding hsrd costi rclated
to .tho Propcrty including, but not li,ited to, the following:
replacanant of vegetation in thc orcnt of floo'ding, constnrcdon 6'i'
ncsts, fcocing ddition of vegetaiiorl rcplacement;f signs, repair of
vutd.alizcd propertyr and 'othcr foresccable or unforeslcable
contingcncies br wents relatcd to thc hoperty. In the cvcril the
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Rcscrvc,. phs acplicebic intcrcst, Bc.ls or cxecCs tbc rom,] of u\rcc(3) yearly Meintcnsncc Rcscrvc paylrcn'ts (,,3 yatr Total,). thcqua"taly chrrga usesscc by Gante for lvfalrtcoance Rcscrvc. sharl
be suspecdd until zuch timc as funds $c ,*p*aJioi,t. .ior.
statcd puryoscs aod thc accourr is drawn bclow thc 3 )'eu iorrt.
s,tewar&h;n F..- r ,tr*.n,. tn thc sole discrction of ctantee, rhe
gbarses .uscssed by Gcantce for Monitoring Tasks, Educarionalkogan-s a.td lvrain(srlancs Rssc:ne may !. adjrsted ennuiry
punudnt to aonrul coru,mcr price hdex i*.."ro bascd on tbc most
recent DesvslBoulder All Irems Index, pubrishcd by thc u.s.
Depertnrert of Labor, B.reau of Lsbor staristcs. Fr'tb.rmore, upoo.lt*l sgrernenr by Gautor aed Graetce, such chargcs .ai b"
otherrrise increased to cimport with histori..l'*rs incincd, cosri
expecrcd to bc hcu.ed, or actul costs incured by Gantcc in
fulfilLoeat of its duties hereunder.
lL.L . Ttis &sc@atconstitutes a real propcrty iut"rcrt im-Et ly vestcd in Grantcc, whic\ for thcpllryoscs of paragr4h 12, the parties stipulac tobavc a fair market rar. d.t n iij
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by mul:plling tfu it nr'lrkc value of thc propcitr unc:.c,.:nbcrcC b,v u-.c Erscnc.:
(r'nintls any inctesc L'r valuc sftcr ri:c tlatc of thi.s g:a.ct ar.butrcic tr: irrpcovcr:icas)
by thc rado of thc vslue of thc F,qc;rocot U thc tigxC of ttjs giani io rlc valuc of ti:c
Propcrry, without ccCucon for thc valuc of thc Essenxcnr, at thc tlnc of t}I.is gcc.rt.
Thc valucs at thc dce of this grant shall be thosc values uscd to calculstc .tl:c
Cqiueion for fcdcnl imonre t&\ puryrcsca allowable by r*son of rhi: g*.t, prrsrJ.si- to scction l70G) of the Lrtsrc.rl R:,relue code oi 195.1, u .o."d.d,. For t:c
purposcs cf this p'cagnpL thc raiio of ths velrc of thc ias.:nc::r to,$c veluc of ihe
Piopertv urs1c.trr':cci by bc Eascngnt sharl remain cossrrnt.
122 Conieagreticn. If tlc Easernent i3 taken, in wtole or Lr pari, by cx*ise of thc
Fowe! of ca:irct &Ea:r, Gantce sball bc entitleC !o coaapeosation in eccorder,cc
with agoiicablc law.
13. ChruBe of ConCition.q. Thc fact tbat any use of rhc propc4y tirat is.cxpr:ssly
prohibitcd by thit escnr.4 or aly othsr rrsc dctcrmined to bc inccnsisrrnt wiilL&c purposc of this
Easeaent,.msy become mcrc economicqily valuable thatr ps!1itted ures,.or th.at neigb6oring
propefrics may in the futu= be put cntirely or partly to uscs thet are not per:nincd bere'.riCc, hrs
bien ccrnsidercd by Gentor in grantiag this Eascmenl It.is Gaaror's belicf tbat sny s.rch cb.rogcs
will iac.-esse thc bencfit to tle public of thc coutinuatiou of this Esscarent, aod it is thc intest of both
Grantor and Crradet that e.uy t*6 chqngcs should uot be dcqlcd to bo circumnanccs justifying the
tcrmination.or exiinguish.:rqrt of this Easement pusuant to Puagnpb 12, abovc. ln Edditioni thc
unprofita.bilityto Gralltor of ailowing Gantce to cany oa the pcmitrcd uses ideorified hcrcin siull
uot impair thc invalidity of this Eascmqrt or bc coosi&icd grounds for iu extinguisirmeat ptusuant
to Paragraph 12, above.
.:
. 14. Arqigrnent bv Crrantie. Tlis Easeoent is tauferablc by Grantce tipon not less tbao
forty-fivc (i5) d.aysptlgrurritea aoticc to Grantor; Froyidc4 howcvcr,' Grantcc msy only assign its
rigkts and obligaiioru urCer this F:serna.rc (1) to an organization thatis a qr:aliied organization c
the tims of tansfer un&r Seaiou 170(h) of thc krternat R er** Code of 1954, as amcndcd (or asy
succcsso! Provision thca applicable), and the applicable regulatioos promulgatcd thereuadcr, and
authorizpd to acquire aud bold coniervation eascrueuu ,,parr'ColoraCo law and; (2) upou writrn .
conscatofCvrantorastotbeassipce. As'aconditionofsuchtmsfer,Gurtceshallrcquircthattre
conscrvation purposes end Conservation Values of this grant coutinuc to cxist and bc carried oul
Such essigrrment shall bc autbcrizr{ and approved by dantqr, its iucccssors, or xsigns
15: . . Grantor algccs ro inporporate tbc
teros of tliis Eascueat in ury ded assignment o, oin* f.gJ instninent by which it divests itsctf
of any iuterest in all or a portion of the Propcdy, including, fotbout limitation, a lcsschold intqtst
Czantor fuithcr sgr€s to give rvrittea uotice to Crrantee olthc trg,sf"r of any of'Cnastor's intcesl
in tbe Propcrty at lcast tweuty (20) days pnor to the date of zuch transfer. Thc fail^rc oiGrantor to
perform uy act requind by q-s paragnph shsll nst impsir the valid.ity of this Eascmcnt or limit ia
enforceabiliry in aoy way. Subscquent succssors or assigns of Ganior, i:rcluding but col [EtriEd
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::.,1t1:i::::I orc ebidc by atl crrcs und provi:ici:s c; cis Eesc;,c:.( sr.c p;:bm, dlCu.ucsund obllgaEons o[fra.rtor u idccdijed her:in.
. ^, . t' Actdaqr' Ilcircu=sianccs arisc rr:lcr whjc;: s. u:r,clc.Eccai to cr ncciicerionci ti'ls E'asemcot :t-{9 !c apgropcalc, thc partics moy ioinuy $:ic;d tle Eescaect ir *riihg
Ptusu3rli to C'R'S' $3s'30'i'10?; prcvicc{'tlo*.r*,-riroin-. *."are=t siall bc ajlowec rh:teffecB &e qr:arif;cadou of ec Eascncnt u.ndcr thc IRS c;.;, c.R.s. s jg-jo.s-r0l c: scq., E,
::"1,,TT.9:::shalt be ccruisr'-i wich thc p,rrpo*..f ;;;*erl sheu nor aE."i iu pe4cual
:f:.t*-t:if:rct eccitrornl developmcat or h,provc:rc:rs ro be uacereker on uhaprcperyottser than dcvclopment oi iacrovcnent peia.idcri ur:cq uhe Eesc.nt, erd shall not i:ipei *y ofthe Coeservatioo valucs of ti:e.Eascnent. Any ,u.h .-er.a**t shail bc recorcci ia tj:c cEcial'
recorcs of Crarfieid Ccunfr, Coiorado.
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l'v ' Inhretetipn. Th,c provisions of this Eassrncot stull bc liberally co:rstn:cc to
:..{:Y:j11'1jf1* of prese:rnag and protecti.ag th. P.p;,s wildlifc habitar, unique rurvc
rr=s:.:l:y 'ipr*r comm.nirv. lio r.oea/o' .r..u'oo gi*;;y *y;r;,Eon birein shau
E'c cccE'ec exclusive unlcss so incicrred, but it sball, whc.r., poiribl., be cumuJativc with all othtrrcredies dt law or in cquiqv. Tbe parues achowli" ,tr"i;[;. and i,, counsct havc rcvie.rcdand revised this Eascment urd tbai uo rule of cons"fo;thr, dbtg*tlr;;;;;;;;-ril;
thc draftiug parry slullbc eoployeC in the inrcrprctauon of tuis Easemenr. If aoy provisioo in thisinstr:rucot is fo.ndto bc ",6ig"o*, an interprctation *osirti;i,fi;;u,po;Jitht, &scoentthat would render the grovision vatid shall b. f.rorcJor.ir"i ir-.rpr.urion that would recder itinvalid' In tbe event of aay conllict htween the provisions ;'rur Easercent and, tbc grovisions ofaoy u'llc ard zoning resuistions or direstives ofthe starc oroto,"ao, Garfeld Couaty, or ury o&ergovenrmcatal cutity with j,risdictioo, thc'more resricive pioririo* shall apply.
" I8' E<orr?cl Ccrt5carss. Upoa request by Crrautor, Grantee she.ll within rt reaty (ZOFayscxecute and delivcr to Granhr any docr:merir in.i,gr[-;.:;;;-.*ri,*," *u.u certifiesc-rraator's scmpliinsg with a-:y obligation coutaincd nithio this Eesement and othcinyise evicencesthe stahrs. of this Easement as Eay be rcqucstcd by Graator.
-;"-- -]1., rlos*' y'ny notice, derraad, rcqucst, cocsqrl approval, or couur:nicatioo thareiiherpa4)' cresires or isrquirec to grve to the othcrui,ar ue in r*tticg a:ricith* ;;;;;;*ll,or sbnt by first class mail,. postslc prepaid, .ddr;;;e;;U;;;,
Parkcr, Colorado t0l3g
Phone: (303) E4I-8072
With Co$y To: Balcomb & Grccn
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To Granter:
c/o Tim Thulsoo
818 Colorado Avcluc
Olcnwood Sgrings, Cotoraao g l60t
Roaring Fork Cousorancy
P.O. Box 323
Basal! Cotorado 81621
Phone: (970)gll"tzso
With Copy To: Frei[ct5 Myler, ileiucr & Ca.rlislc
illtH,Iffisuite2o2
fup.o. Colondo El6l I
20. Recnrdntion. Grautx sbsll record thir instr'unrent in tioely fasUioa in ibe official
records of G-*deld tu{y, Colorado, aod may re.record it u aoy tinc as may be requircd to
ptes€rvc its rights in this Easemcut.
21. Gmeral Pmvisionr.
(a) S,rmtrnll;q&l aw. Thc interpretatioo ar:d pcrformanre of this Essemeat shall be. govemed by thc lavrs of tbc Statc of Coloradt. . t
(b) seve.abil;?: If any povision of this Eascmen! or thc apptication tbcreof b
ally peryou or circumstance, is fouud to be inrrlid, thi rc-"inda of tbc provisioos
of this Ea!rcmegq or $rcipplicatiou of arrch proviiion to pcrsops or circumstaoces
other tbsa lhose as to vdich it is found to bc invali4 as the-case rozy bc,shslt noi Ueafiectcdtbereby: ..r.. . ;. ;..,,
,
(d) No Fprfeitrue. Notbing coutained berdn'wiu ,.iutt in
"
forfeiture or rr""rrsios
(c) S$sslgtr. Tte covcnirot, tem$r couditions, and restrictioru ofthis p"r*r"oi
shall bo binding upon, 8,rl iuuie to the beuefii oq tA" parties heceto and thcir
respcctive persorulsgrescntatives, heirs, succcssors, and r"rigrr and shall'continue
as a scrvihrCe nrnniug perpcMly with thc property.
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SEP 13 '99 L?'34PN FREILICH, MYLER, LEITNER & CRRLI
(f;Termination.ofRightsandobligptions.APry:sTght'andobligationsuudef
this Easemunt tffi of tUe p.tty't intsest in thc Easement or
property, except tU* fi*ifiV for asts or opissions ooc,ning prior to uansfer sh'll
suwive tra$fer.
(g) captiang. The captions in tbis instnrnent have been inseftcd solely for
convenience orrurrr.o* aoa *u oot aptttortri. instrtmentand sballhavenoeffcst
upoD constructio.tr or intorpretation'
(h)co'IqtglDsgtr.r$.P+"l.mayexcorselhis.iugtruDGDtintwoorEoto
cormtorparrs,ffiiru-rhuti, i' or'lggr!"t , ur si*ed by both partieg cach
countcrpafl shsll be do€med an orig'i;l iittn'to'nt * aguinct any patq u'ho has
sigaed it. fu tfru un.ot of *y d;d;tty;t*; ilre copotcrparts producc4 th3
isioraea coutrtorpart Ehall be contolling'
IN WITNESS TyHEREOF Grantor and Grdtee have'executed this grant ofEsscm€ot mtbe
a"y ^Jyert
first wdtteu above'
GRAI.ITOR:
GRATTEE:
ROARII{G FORK CONSERVA}'ICY, a cotorado nou-profit corporadon
By:
By:
RoARINGFoRKIIWBSII\{ENTS,LLc,aColoradolimitedliabilttyoomPary,
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A P,\RCEI' ot" I'AND struATF,D IN l.ors 9, r2 AND i6 oF SEC:TIoN 12, To$8(siiip ?s^oI l{ t^Ncr se wEs'r, ol; THE srx'rH pRrNCipnL .ve ruor,rv, couNTy oFGARFIEI.D, STATE OF COI,ORADO; SAID PARCEi, OT LAND BEING }YIORLPARTICULARLYDE.SCRIBED r\S FO[.I.OW.S: ve"rv "rvr\
colvrlvrEl'iclNc tlI-rIIA.sr QUAR'IER col-q\*ER oF SECTIoN rz. AN ALriIlNUvrCr\p L.S NO. 22580 FOtrl\iD IN PLACE; TIIENCE, N S9o07,5J,, W A DISTANCE OF 86g.13FN} T'TO THE NORTFIEAST CORNER OF I,OT 16, ffi:
lHl,Nqtj-!00'06'02'r I ALONG THg'ensrERLy LrNE O!'SnrD Lor t6 A DrsrnNcE oFs55'52 I.EET T0 TIIE SOL,TIltlAs'l'COI{.NER Ol: LO'f re S[CirON p, e'frfurut eXUcAP FOUND IN pLAcE;THENGE s 89o59,08" w nloNc rHE sourt{ERlyin'E;iI.OT 16 SECTION I2 A DISTANCi.| OF 56.00 IIEET TO A POINT ON TIIE, NASTERI,YB^NK orrHE Ro^Rll\iG FoRK RIvER; THENCE LEAvtie iffi iiiifi;Rly LrNE' TIIE Foi'LowlNG snvlr.}i (a CoUIisllS ALoNc TIIE EASTERLY BA.NK oF SAIDRIVER:
1. N I3010'47,.W lg0.96 tEET2. N23055'27" W l5J.52IrElj'I.3. N 12016,49" .w 3n.67 FEET4. N 00000'00" w 250.21 FEET5; N 10o28'59', E lg6.57 FEtil..6. N t9!08'44j' E 420.it8 FEET7. ' N 09o51'42' 8369.?4rrEli1'; IlttNCD LEAVING sAID EAsl.ERLy IIANKN 67o25'06' E 4l.Bl FF.ET To A poINT oN TIIE, F.ASTERI.Y LINE oF r,or g; Trm{cnS 00"22'] I' E ALONG THE EASTERLY LINE OF SAID I.OT 9 A DTSTANCE OF 606.90I;UE]"fO THU SOUI'HEASTCORNER Or SAIO I.OT 9;THENCE S 03"I I'5E,, W AI,ONG].I.IE INS'IURLY LINU OI: LOT I2 A DI.STANCE OF.7+I.05 FF,ETTO THE POINT OFBNCINININC; SA]D PARCEL CONIhINING 7.I I I ACrrUi, MORE OR LESS.
NOVr!M0ER 3C, 1998
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923 COOPEH AIENUE. GLEN\I/OOO SPBINGS, COLOHADO g1€O1
Telephone (S7Ol 94S.EG76 . Far (9701 g4SeESS
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qpecies' It is mostly rcstricted to the northwestfil portion of the state.
Location: Garfreld Cowrqv. Between Glenwood Springs and Carbondate along rhe RoaringFork River. Drive south from Glenwood Sprin-ss "" rriin*.v ttfb;d;;;ipry g miles rothe confluence with Canle Crcek
Legal Description: U-S.G.S 7.5 minute Cattte Creek quadrangle. T7S REgw Sl. 12, 13. TzSRtSW S 7. tg.
Generel Descriptiou; This sire includes approximately a one mile stretch (approsimately 200acres)of the Roaring Fork River at about oob0 feet. There ii a narrowleat'conon**ood/willow(Popuhts angtsrifolia/sah tP.) riparian communiry along borh sides ofthe river. .{ sagebnrsh(Arremisio tridenrata) dominated shrubland is adjacent t"itr. riparian zore on the east sidc of rheriver.
Biodiversity Rank Justi{icatiol: A grclt-blue heron (ardea herodias) rookery- one ofapproximately 100 in colorado, is located in rtris ri .. mir .olonial bird species appears rc beincreasingly corlmon
1n Sg state but is quickly ueing trreat.*a uy habitat alterarion (paguc aaL.1,997). Thc Colorado fuver curthrour trour (Oncitynchi clarki pleuritiats), alsodoctn:ented in this site. is a Forest service Sensidvc aia, ii"ru Special concera species. Theintroduction of non-natire trout specics. dating ro raziin co[rado. is considered aprimarycause for rhe decline in n-umbers and genritic p*i,y orcoro*it River cutthroat uoul Thepopulations of colorado River cutthroar tlat are riirr g"".,i."lly inact arc nowa priority for
:::a11..:',T^"d"s location has not been samplJJri"c" ig92 arrd the generic purity ofthisocculreBce ls unlsrou,tr, the occurence is considered historical untit fiurher research iscompleted.
The mountain whitefish (Prosopium u'illiamsonr) is also known t9 occur in Roaring Fork Rivcrfrom Glcnwood springs to neai woody Creek ana unverifi.d o.aro"nces have been reported
I::t::t Y,:"lt 9l*k and Aspen. Thtre are few rivers in colorado known to conrain this fish
Biodiversiry Rank 85 Geniiat
A rookery of a state-rare great blue heron. the mountain wliirefish. and a historical occuncnce ofthe globally-rare subspecies of the Colorado River cutthroat rrout are documented within this
site.
Prorcction Urgency Rauk pl
This site is immediately threarened by residential and recreadonal development.
gement Urgency Ranlc IVII
Resricted access to the rookery is essential to prevent loss of this element occurrence.
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Location: Garlield Countv. Between Glenwood Springs and Carbondale along the RoaringFork River. Drive south from Glenwood Springs on rriir,*.y 82 for "pgros*i,.ly t miles ro
rhe confluence with Canle Creek
Legal Description: U-S.G.S 7.5 minurc Cattle Creek quadrangle. T7S REgw Sl. 12, 13. TzS
RE8W S 7, lg.
General Description: This site includes approximately a one mile sterch (approximately 200acres) of the Roaring Fork River at about obbo reel There is a nanowleat'cononnood/wiilow(Populus angstifolia/Salit sp.) riparian comrnuniry along borh sides of rhe river. -{ sagebnrsh(Artemisio tridentatQ dominated shrubland is adjalnt toit . tpJ* -r;;; ,il easr sidc of rheriver.
Biodivercity Raak.Justirication: A grcat-blue herou (Ardea herodias)rooker1,. one ofapproxirnately 100 in Colorado- is located in ilris .it - t ir
"olonial bird species appears to beincreasingly colnmon in rhe state but is quickly ueing *ue"rened by habitat alterarion (pague etaL L99n' Thc colorado Rivercurthrout trour'(or";rfu;i; cbrki pleuriticns). alsodocilmented il rhis site, is a Forest service s"nsiriu" uiJ" s,",. Special coocern species. Theinrroductiort of non-native trout species. dating to rtziiniJorado. is coRsidered aprimarycause for the decline in numbers and gcnetic p*i,y of Cotorado fuver cutthroat roul Thepopulatiorts of colorado River cutthroat rlat are riiI g.nr,i;dly inuct arc now a priority forconscrvation' Since this location has not been samplJo ri"." rggl and the gencric purity of thisoccuTeuT is unknorrm. the occurrerrce is considered historical until fi.rnher research iscomPrereg.
*:1t:::whircfish (Prosopium vtlliamsoni)is also known rc occur in Roaring Fork Rivcrrrom ulcnwooo sPnngs to near woody Creek and unverified occurrences bave beein rcported
r::t:-:t Y:"dr9,t*k and Aspen. rhere *u r..n.ir.o'i"L.t"ao known to contain this fish
Biodiversiry Rank 85 General *
A rookery of a state-rare great blue heron. the mountain *hir"fish. and a historical occurrcnce of
the globally-rare subspecies of the Colorado River cutthroat trout are documented within this
site.
Prorection Urgmry Rank PI
This site is immediately threatened by residential and recrearional development.
Managemcnt Urgency Rauk MI
Reslricted access to the roof<ery is essential to prevent loss of rhis element occrurencc.
species. It is mostly restricted to the nortbwestern portion of the srae.
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Narural H elementenEl occurences at Cartle Creck sire.
Ulcnrenl Common Name Globat
Rank
State
Rank
Federal
Status
State
Status
Fcdenl
Scns.
Eo*
Rank
Oncorlrynchus clarki
Dleuriicus
Colorado River
cunhroat trour
G4T3 SJ H
Prosopium
williamsoni
mountsin whilefish Lrf s3 unranked
Adea hetodias grcsl blue hcron G5 sJB,
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rEO-Elemcnt Occurrence
the
Boundary Justification: The sirc includes the rookery and a short buffer up and downstream on
the river to protect from direct distrrbances
Protection Rank Justification: This site occrus on privare lanrl. Residerrtial dcvelopmcnt iscurrently.occurring on rbe east side of the river and the rtest side is scheduled for housing. This
may partially or complerely destroy thc rookery.
Management Rank Justifications A martagemenr plan for the long-term survival ofthc great
blue heron (Ardea herodias)rookery should be deveioped with the i;*," tand o*ner. Duringnesting season activities should be restricted (development. grazing, recreatioq erc.) within the
arBa on both sides of the River surroundirrgthc rookiq'. rnJri"er!r"[ty, tifinj and flow
should be kept intact' as it is important for the viabiliql of great blue heron and mountainwhitefish. Hydrologic considerations musr extend bej-ond-the sirc boundaries to the entirewaterShed.
Greatblue herons (A1dea herodias)are known to abandon nests and colonies with increasedvisits by hr:mans an! wirh road building and logging activity.- The responses of birds to
l'S"b*:t greatly depends on the timeof breeding-r.*oo. A buffer of 300 metcrs minimqmwherc no human activity should take ptace duing iounship and nesdng seasons is rccomrnended(Butler 1992).
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II.S.G.S. 7.5 rnin- Cattle. frpalr rtrrcim--t-
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Upon recording relurn lo:
Roaring Fork Investments, LLC
c/o Timothy A. Thulson
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DECLARATION OF GOLF FACILITIES DEVELOPMENT
CONSTRUCTION AND OPERATIONAL AGREEMENT
srATE OF COLORADO )
) KNOW ALL MEN BY TITESE PRESENTS
COUNTY OF GARFIELD )
THIS DECLARATION OF GOLF FACILITIES DEVELOPMENT,
CONSTRUCTION AND OPERATIONAL EASEMENT, ("Declaration') is made this 1,3'+t1
day ol*p{.rlre_1999,by Roaring Fork Investments, LLC,aColorado Limited Liability
Company.
WHEREAS, Declarant is the owner of those certain tracts of land ("Golf Course
Property") located in Garfield County, Colorado, described on Exhibit A attached hereto and
made a part hereof for all purposes: and
WHEREAS, Declarant is also the owner of those certain tracts of land ("subdivision
Property") located in Garfield County, Colorado, described on Exhibit B attached hereto and
made a part hereof for all purposes; and
WHEREAS, Declarant desires to develop and construct a housing development, together
with common are:ts, streets, roads and other incidental uses on the Subdivision Property: and
WHEREAS, Declarant, without obligating itself to do so, desires to develop and
construct, or cause to be developed and consfucted, a golf course containing eighteen (18) holes
of golf, clubhouse, employee housing apartments, driving range, tennis courts, swimming pool,
and other recreational improvements related thereto on the Golf Course Property (collectively
"Golf Course Facilities'); and
WHEREAS, in order to facilitate the construction and future operation of the Golf i4'
Course Facilities, Declarant desires to create certain easements and to place certain restrictions )
and encumbrances on the Subdivision Property for the benefit of the Golf Course Property: and i
WHEREAS, in order to facilitate the constnrction and future operation of the houses and
Go lf Cours e D ecl aration
Rose Ranch P.U.D.
l3-Sep-99
Page I
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other improvements to be located on the Subdivision Property, Declarant desires to create certain
easernents and to place certain encumbrances on the Golf Course Property for the benefit of the
Subdivision Property; and
WHERIAS, Declarant does hereby create and reserve, for the mutual benefit of the Golf
Course Property and the Subdivision Property, the following easements, restrictions and
obligations:
I.
CONSTRUCTION EASEMENTS
Declarant hereby encumbers the Subdivision Property for the benefit of the Golf Course
Property with a temporary easement and right of entry onto portions of the Subdivision Properly
for the construction of improvements as follows:
l. Construction of Golf Cart Paths, Utilities and Drainage Features. A
temporary construction easement is hereby created and reserved for the construction of water
supply lines, drainage features, irrigation lines, sanitary and storm sewer lines, electric and gas
supply lines, telephone lines, other utility senrice lines, golf cart paths, and other improvements
related to and reasonably necessary for the operation of the Golf Course Facilities (collectively
"Facilities') over portions of the Subdivision Property designated "Common Ared'and'tltility
or Drainage Easements" on the Plat or Plats thereof (collectively "Temporary Easements').
.2. Construction of Golf CIub Facilities. A temporary consfruction easement is
hereby created and resenred for the construction of the Golf Course Facilities, and all other
related improvements over and across portions of the Subdivision Property adjacent to and
abutting the Golf Course Property ("Golf Course Construction Easement'). The Golf Course
Construction Easement shall extend for twenty feet (20') onto the Subdivision Property along the
mutual property line ("Mutual Boundary Line") between the Subdivision Property and the Golf
Course Property (the Golf Course Construction Easement and Temporary Easement are
collectively hereinafter referred to as the "Construction Easement').
3. Privileges and Obligations. The easement rights created and reseryed herein
shall include (i) the right to cut, trim or remove any trees or other obstructions which may
interfere with the constmction, reconstruction, or operation of the Facilities or the Golf Course
Facilities, pile dirt and materials, and to operate equipment on the surface of the land, within the
Consbnrction Easement tracts only, during periods of construction of the Golf Course Facilities
and Facilities, and (ii) the right of ingress and egress onto said Construction Easement tracts for
the purpose of exercising the rights herein granted. All such work in connection with the
Construction Easement granted herein shall be conducted in such a manner as to prevent injury
to person or property. The Golf Course owner and/or all persons or entities under contact with it
G o lf Cours e D ecl ar ation
Rose Ranch P.U.D.
l3-Sep-99
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559195 09/ll/2OO0 05:12? BI2OB
3 of 14 R ?0.OO D O.00 GRRFIELD
shall exercise all necessary precautions to prevent injury as a result ofany open trench and/or
construction, maintenance and/or repair of the Golf Course Facilities and Facilities, including,
but not limited to, barricades.
4. Nonexclusive Rights. The easement rights created and reserved herein shall be
nonexclusive and Declarant and subsequent owners of lots within the Subdivision Property shall
have the right to use the land within said Construction Easement tracts for any purpose not
inconsistent with the rights herein conveyed.
5. Underground Facilities. All utility services comprising the Facilities are to be
maintained and kept urdrrground and shall be buried at least twenty-four inches (24") below the
surface grade.
6. Restoration. Within a reasonable time after completion of any portion of the
Golf Course Facilities and Facilities, the surface of the Construction Easement tracts shall be
restored as near as practicable to the condition found prior to the construction of such portion of
the Golf Course Facilities or Facilities, including, without limitation, ground covers, plantings,
roads, sidewalks, and other improvements.
7. Termination of Temporary Easement. The foregoing right to e,lrter onto the
Subdivision Property for the initial construction of the Facilities shall be deemed to commence
upon the recording of this Easement Declaration and shall be terminated thirty (30) days
following the completion and placement into service of the last of the Facilities.
8. Termination of Golf Course Construction Easement. The right to enter onto
the Subdivision Property for the initial construction of the Golf Course Facilities shall be deemed
to commence upon the iecording of this Easement Declaration and shall terminate thirty (30)
days following the completion and placement into service of the last of the improvements
comprising the Golf Course Facilities.
g. Liability During Construction. Should any damage or destruction to
improvements result during the construction, replacement or repair of the Facilities, the person or
puny r.rponsible for such damage or destruction shall, following written notice from the owner
if rllct improvements, effect the repair or replacement of such damaged improvements within a
reasonable time.
rr.
PERMANENT EASEMENTS
Declarant hereby creates and reserves for the mutual benefit of the Golf Cotrse Property
and the Subdivision Property, the following permanent easements:
Golf Cours e Declaration
Rose Ranch P.U.D.
l3-Sep-99
P736 11 RLSDORF
COUNTY CO
Page 3
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l. Utility Easements. Upon the completion of the Facilities, a permanent
nonexclusive utility iasement shall be deemed created and reserved over each utility service line
constructed for thsbenefit of the Golf Course Property ("Utility Easements") for the perpetual
. maintenance, repair, replacement and reconstruction of the Facilities. It is expressly agreed and
understood that such Utifity Easements are non-exclusive and that Declarant shall have the right
to dedicate such Utility Easements to the appropriate public utility companies.
2. Easements for Water, Irrigation and Drainage Features. Certain lakes, ponds,
other nonpotable water impoundment structures, streams, creeks, irrigation ditches, ditch laterals,
drainage iasements and other water delivery and drainage features ("Water Features') shall be
constnlcted, operated and maintained upon the Golf Course Property and the Subdivision
property. The Declarant, in order to more orderly provide for the development, operation and
-*"irt.rr*"e of the residential community to be constructed upon the Subdivision Properly and
the development, operation and maintenance of the Golf Club Facilities, hereby creates and
reserves a permanent, nonexclusive easement for all Water Features in the locations designated
as drainagi and irrigation easements on the final plat or plats or the Golf Course Properly and
Subdivisi,on Property. The easements hereby created and resenred for the Water Features shall
be for the mutual benefit of both the Golf Course Property and the Subdivision Property and
shall allow the perpetual existence of all such Water Features and the maintenance, repair, and
replacement of alliuch Water Features in accordance with the provisions of Article III. hereof.
3. Ingress/Egress Easement. A nonexclusive easement is hereby created and
reserved for ingress and egress over, across and through (i) any security gates or other enty-way
facilities, and (ii) those streets, roads, and right-of-way, now or hereinafter existing on the
Subdivision Property, necessary to allow access to the Golf Course Facilities to and from
adjacent public righis-of-way to the Subdivision Property for the benefit of the owner of the Golf
Course Pioperty, and its employees, tenants independent contractors, agents and all menrbers,
guests and inviiees of the Golf Course Facilities ("Club Users'). The Club Users shall have the
rigtrt to proceed through any security gate or similar security device without interference or
reitriction and in no event shall the Club Users or Golf Course Property owner be required to pay
any fee or charge for ingress or egress over and across the Subdivision Property.
4. Golf Cart Paths. A nonexclusive easement is hereby created and reserved for
the purpose of construction, maintenance, repair and replacement of golf cart paths over and
u.ro5 (i) ponions of the Subdivision Property designated as Common Areas on the Plat or Plats
of the Subdivision Property, and (ii) or the Golf Course Corridor Easements designated on any
plat or plats of the Subdivision Property, to provide ingress and egress by and between portions
of tfrr Golf Course Property ("Golf Cart Path Easements"). The owner of the Golf Course
property shall maintain the Golf Cart Path Easements in a safe and orderly manner. Inclusive
within the foregoing grant of Golf Cart Path Easements shall be the right to the owner of the Golf
Course Property to install, replace, maintain and repair directional and safety signage within the
Golf Course D eclaration
Rose Ranch P.U.D.
l3-Sep-99
Page 4
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569195 O9/11/2OOO OSzlzP BI?OG P73E It RLSDORF
5 of 14 R 70.00 O O.00 GRRFIELD c0Ut{TY CO
Golf Cart Path Easements, as deemed reasonably necessary. Such signage shall be made of
materials and of the type as to be reasonably consistent with materials and type of signage
utilized for similar purpor. on the Subdivision Property and Golf Course Facilities.
5. Signage. An easement is hereby created and reserved for the construction, repair,
maintenance and r"pii""*rnt of directional and informational signage within the Subdivision
property along the ioads, streets and right-of-way located therein, for the purpose of directing
CtuU Users to the Golf Club Facilities and theiGolf Course Property, Such signage shall be.
.
constructed of materials and of a type of signage utilized for similar purposes on the Subdivision
Property and Golf Course Property.
6. GoIf Cart and Maintenance Vehicle Easement. A nonexclusive easeme,lrt is
hereby created and reserved to the owner of the Golf Course Property and to the Club Users to
op"r.i" golf carts, operate machinery, equipment and maintenance vehicles over and across all
dolf Cart Path Easernents, roads, streets and rights-of-way within the Subdivision Property.
7. Golf Course Corridor Easement. A permanent, exclusive easement is hereby
created and reserved in, on, upon, over and through all areas designated as Golf Course or Golf
Course Corridor Easements on th" final plat or plats of Golf Course Property and Subdivision
property. The Golf Course Corridor Easement shall be for the following purposes:
7.1 The planting, replacement, maintenance, irrigation, repair and removal or
trimming of vegetaiion, the spiaying of herbicides, fungicides, pesticides, insecticides-
and fertiliz.rr *d all other aitivities necessary for the mainlenance and operation of the
Golf Course Facilities, including the creation of noise related to the normal maintenance
and operation of the Golf Course Facilities
7.2 The right to utilize the Golf Course Corridor Easement for tlpical golf
course play, including every act necessary and proper to the playlng of golf. Thesg acts
shall include, but notlimited to, the placement and maintenance of "out-of-bounds" signs
or markers, play of golf balls, retrieval of golf balls, the flight of golfballs over and upon
the easement, tire use of necessary and usual equipment to maintain and operate the golf
course, the usual and common noise level created by the playing of the game of golf and
the operation of equipment incident thereto, and all other common and usual activity
assoCiated with playing the game of golf and operating and maintaining a golf course.
7.3 The right to utilize the Golf Course Corridor Easement as an area for observation
by tournament galleries, and the fuither right to utilized the Golf Coluse Corridor Easernent for
the installation of temporary above-ground utility lines for use solely in conjunction with
tournaments and special events on the Golf Course Facilities. Any installations made in
connection with this grant of easement set forth in this subparagraph shall be removed by the
Golf Cours e D eclaratian
Rose Ranch P.U.D.
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6 of 14 R 70.00 O O.00 GRRFIELD COUNTY C0
owner of the Golf Course Property and all damage repaired promptly upon conclusion of each
such tournament or special event.
7.4 The right to landscape and make use of the Golf Course Corridor Easement as set
forth in this paragraph shall be exclusive to the owner of the Golf Course Property and the Club
Users. Owners of lots burdened by the Golf Course Corridor Easement shall make no
improvements of any kind, including landscaping of any kind in, upon or over the Golf Course
Corriaor Easement without the prior written consent of the Golf Course Property. The owner of
the Golf Course Property shall erect no pernanent stnrcfures or other permanent improvements
in or upon the Golf Course Corridor Easement except for landscaping as provided herein and
except for construction and maintenance of "out-of-bounds" markers or other signs or markers
normally associated with the playing of the game of golf.
Golf Course Play Easement. There is hereby created and reserved to the Golf
Course Property owner, and the Club Users, a nonexclusive easement over and across the
Subdivision Property for the following purposes:
8.1 Retrieval of golf balls, including the right to enter on the Subdivision
Property and any lot created thereon, for that purpose, provided the right to retrieve golf
balls shall only extend to non-enclosed portions of the Subdivision Property or lots, and
the person retrieving the golf ball shall do so in a reasonable manner and will repair any
damage caused by entry onto the Subdivision Property or lot to retrieve the golfball:
8.2 Flight of golf balls over, across and upon the Subdivision Property:
8.3 Doing of every act necessary and incident to the playlng of golf and other
recreational activities on the Golf Course Property, including but not limited to, the
operation and lighting off facilities for operation of tennis, swimming, driving range, and
golf practice facilities during hours of darkness and the creation of usual and common
noise levels associated with such recreational activities;
8.4 Creation of noise related to the normal maintenance and operation of the
Golf Course Facilities, including but not limited to, the operation of mowing and
spraying equipment, which may occur from early moming until late evening; and
8.5 An easement for the over-spray of herbicides, fungicides, pesticides,
fertilizers, and water over portions of the Subdivision Property located adjacent to the
Golf Course Property.
9. Damage by Errant Golf Balls. Declarant, for itself and each and every
subsequent owner of portions of the Subdivision Property, hereby acknowledges and agrees that
G olf Cours e D ecl aration
Rose Ranch P.U.D.
l3-Sep-99
Illlilt l]il lllil lil]lllililllulllllullllll llll'#dCStAaThlibso-sitt2? Btzoa P74o n RLSDoRF
1 oJ 14 R ?0.0O D O.o0 GRRFIELD COUNTY C0
the existence of a golf course on the Golf Course Property is beneficial and highly desirable;
however, each owner acknowledges and agrees that portions of the Subdivision Property located
adjacent to the Golf Course Property are subject to the risk of damage or injury due to errant golf
balls. Owners of portions of the Subdivision Property, their successors and assigns, hereby
assume the risk of damage and injury and hereby release the Declarant and the Owner of the Golf
Course Property, its successors and assigns, from any and all liability for damage or injury
caused by errant golf balls in, or around the Subdivision Property and agrees to indemniff and
hold the Declarant and the Owner of the Golf Course Property, its successors and assigns,
harmless from any and all claims, actions, costs or liability arising from any damage or tnjury
caused, directly or indirectly, by golf balls flying, landing, hitting or resting in or around the
Subdivision Property. The obligation to indemniff, defend, and hold harmless shall pass with
title to each portion of the Subdivision Property, and once any owner of land within the
Subdivision Property has conveyed title to his, her, or its portion of the Subdivision Property, the
obligation ceases as to that owner for all subsequent occulrences and that the obligation passes to
the new owner. Nothing contained herein shall be deemed to limit liability of the individual
golfer who has struck the errant golf ball for any damages he or she has caused.
III.
WATER FEATURBS
l. Water Features. Declarant, in order to more orderly provide for the
development, operation, and maintenance of the residential community to be constnrcted upon
the Subdivision Property and the development, operation and rnaintenance of the Golf Course
Facilities, and acknowledging the Water Features as defined under Article tr hereof, should be
managed, maintained and operated as a whole whether located on the Golf Course Property or
the Subdivision Property, hereby creates and reserves a burden on the Golf Course Properly for
the benefit of the Subdivision Property such that the party who owns the Golf Course Property
shall be obligated to maintain all the Water Features as provided below.
2. Maintenance Standard. The Water Features shall be repaired and maintained in
such a manner as to allow each Water Feature to reasonably function in the manner it was
intended. Generally, water shall flow through the Water Features in a reasonable manner and
debris and other foreign materials shall not be allowed to dam or obstruct, in a substantial
manner, the flow of water. Ponds or lakes comprising a part of the Water Features shall be
maintained such that vegetation shall not be allowed to completely cover the surface of such
body of water.
3. Maintenance and Repair. All costs and expenses, including salaries and other
compensation for workers employed (to the extent actually performing repair and maintenance
duties), in the repair and maintenance of the Water Features shall be shared such that seventy
percent (70%) of such costs shall be allocated to the Golf Course Property and the owner thereof
Golf Course Declaration
Rose Ranch P.U.D.
l3-Sep-99
LHUJ tUH|ItlU u l|ll rLl],ulr [uil'.w t
E-;;-iq a n.so D o.o0 GRRFIELD couNTY c0
and thirty percent (30%) shall be allocated to the master homeowners association composed of
the owneri of lots within the Subdivision Property ("HOA'). The owner of the Golf Course
Property shall submit an invoice showing the actual costs and expenses, including employee
.o.ir, oith" performance of the repair and maintenance obligations provided herein to the HOA,
whereupon the HOA shall promptly pay its portion of such invoice. In the event any of the
Water ieatures shall requiie dredging or cleaning to remove sediment or soil arising from runoff
or erosion, or damage due to the construction activities on the Subdivision Property, the person
-
responsible for the accumulation of such sediment or damage, shall pay all costs of such removal
or repair.
4. Liability. Notwithstanding anything contained herein to the contrary, the ovner
. of the Golf Course Property, its successors and assigns, shall not be liable to the owners of lots
within the Subdivision Property, for any damage, loss, injury, costs or expenses, arising fiom or
in any way connected to any damage or injury caused by flooding, rising water, or standing water
in conneciion with the Water Features, unless such damage, loss or injury is directly caused by
the wilful misconduct or gross negligence of the owner of the Golf Course Property, its
successors or assigns, in Connection with its repair and maintenance obligations contained herein.
Notrvithstanding anything contained herein to the contrary, the owner of the Golf Course
Property shall n-ot be required and shall have no duty to install or maintain any b,pe of safety
device, railings, waming signs or any type of facility to prevent access to or from the Water
Features.
5. Transfer of Gotf Course Property. Upon the transfer by Declarant of the Golf
Course Property to a third party, Declarant shall no longer have any duty, obligation or liability,
as owner of the Golf Course Property, for the maintenance and repair of the Water Features.
6. Drainage PIan. All drainage control structures located on either the Golf Course
Property or the Subdivision Property shall be maintained in accordance with the Maintenance
Plan for Rose Ranch's Best Management Practices - Water Quality & Drainage Stnrctures, dated
Oct. 15, 1998, as contained within the Preliminary Plan for the Rose Ranch P.U.D, filed with
Garfield County. Declarant shall have the right to (i) creatg ponds and dams, (ii) redirect streams
or creeks, and (iii) restrict the natural flow of surface water on both the Subdivision Property and
Golf Course Properfy in accordance with the above identified Drainage Plan.
7. Western Drainage Structures. All drainage and debris flow stnrctures contained
within either the Golf Course Property or Subdivision Property and located west of County Road
109, shall be maintained by the owner of the Golf Course Property, at its sole cost and expense.
8. Failure to Maintain. In the event the owner of the Golf Course Property shall
fail to maintain the Water Features, in accordance with the standards and provisions contained
herein, or as otherwise provide in the Drainage Plan, the HOA shall have the right, afterwritten
Go lf Cours e D ecl aration
Rose Ranch P.U.D'
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notice to the Golf Course Property owner and its failure to cure such default within ninety (90)
days, in addition to any other rights provided to it herein, to perform any repal or maintenance
n"L.r.oy to maintain the Water Features in accordance with the provisions of this Article Itr.
The rights of the HOA to perform such maintenance and repair activities shall include entrance
onto and through the Golf Course Property as reasonably necessary to perform such acts. The
owner of the Golf Course Property shall fully reimburse the HOA for its pro rata share of such
repair or maintenance activities performed on the Water Features.
IV.
SUBDIVISION AREA MAINTENANCE
l. Maintenance of Common Area Improvements. The HOA shall be solely
responsible for the maintenance, repair and replacement of all streets, roads, rights-of-way,
entiance gates and improvements, landscaping and all other improvements located on the
,or*onireas of the Subdivision Property, except as provided in Article III, where the owner of
the Golf Course Property has assumed the obligation of maintaining the Vfater Features.
2. Domestic Water System. In the event ownership of the domestic water system
for the Rose Ranch P.U.D. is transferred to the HOA, the HOA shall be obligated upon request of
the owner of the Golf Course Property, to provide domestic water seruice to all stuctures located
within the Golf Course Property, iaia aornestic water service to be provided upon the same
conditions, restrictions, "orts
and charges imposed for the provision of domestic water service to
the lots contained with the Subdivision Property
V.
MISCELLANEOUS
l. Fencing Restriction. No owner of land within the Subdivision Property shall
construct a fence or enclosure located along or next to the boundary lines between the Golf
Course Property and the Subdivision Property, without the prior written consent of Declarant,
and its sucC"ssors in interest to the Golf Course Property, which shall be given or withheld at its
sole discretion. Declarant shall develop criteria and specifications for the t1pe, size and materials
it deems acceptable for fences located upon the Golf Course Property ("Fence Criterion') and the
Fence Criterion shall be available to all owners orprospective owners of land within the
Subdivision Property. The Fence Criterion shall be subject to change, provided such changes
shall not affect any fences existing at the time the changes become effective, and such changes
shall not be effective until forty-five (45) days following publication of the same by Declarant as
owner of the Golf Course Property, its successors and assigns.
Z. Liability for Damages. The owner of the Golf Course Property, its successors
and assigns, agrees to repair or replaced any improvements located on the Golf Course Propefy
Go lf Cours e D eclar ation
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damaged or destroyed due to the repair or maintenance of the Facilities. Should any damage or
destru'ction to the improvements reiult during the repair or maintenance of the Facilities, the
owner of such improvements, shall notiff the owner of the Golf Course Property in writing of
_
such event and aliow a reasonable time, not to exceed ninety (90) days, to repair or replace such
damaged improvements.
3. Transfer of Golf Course Property. Upon the transfer of the Golf Course
property by Declarant to a third party,all of Declarant's rights, duties and obligations arising
under this beclaration as owner bf tt r Golf Course Property shall be deemed hansferred and
u*ign"o to such third party, whereupon, Declarant shall no longer have any further liability,
oblilations or duties arising under this Declaration as owner of the Golf Course Property.
4. Duration and Enforceability. The easements and restrictions set forth in this
Declaration shall constitute covenants running with the land in perpetuity, burdening the
Subdivision property and Golf Course Property and benefitting the Subdivision Properly and
e;iic";re froperty, and shall be binding upon the Declarant, its successors and assigns, and all
poron, or partiei ctaiming through, by, oiunder Declarant, its successors and assigns, including,
but not limited to, any property or lot owners.
5. persons Entitled to Enforce Declaration. The owner of the Golf Course
property and the HOA shall have the right to enforce any_or all of the provisions, covenants,
.onditior,., restrictions and equitable servitudes contained within this Declaration. The right of
enforcement shall include tharight to bring an action for actual damages suffered, as well as an
acti6n to enjoin any violation of any provision of this Declaration.
6. Violations Constitute a Nuisance. Any violation of any provision, cov€,nant,
condition, restriction, and equitable servitude contained in this Declaration, whether by act or
omission, is hereby declared to be a nuisance and may be enjoined or abated, whether ornot
relief sought is foinegative or affirmative action, by any person or party entitled to enforce the
provisions of this Declaration
7. Enforcement of Self-Help. Declarant, its successors and assigns, or any
authorized agent of either of them, may enforce, by self-help, any of the provisions, covenants,
conditions, r-estrictions and equitable servitudes contained in this Declaration, provided such self-
help is preceded by a written notice delivered to the defaulting party, at least thirty (30) days
prior to the exercise of such self-help remedy.
8. Remedies Cumulative. Each remedy provided under this Declaration is
cumulative and not exclusive.
g. Costs and Attorney Fees. If there is any action or proceeding under this
Golf Cours e Decl ar ation
Rose Ranch P.U.D.
13-Sep-99
Page I0
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Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection
therewith, including reasonable attorney' s fees.
10. Liberal Interpretations. The provisions of this Declaration shall be liberally
construed as a whole to effectuate the purpose of this Declaration
I l. Governing Law. This Declaration shall be construed and governed under the
laws of the State of Colorado. i
12. Severability. Each of the provisions of this Declarations shall be deemed
independent and severable, and the invalidity or un-enforceability or partial validity or partial
enforceability of the provisions or portion thereof shall not affect the validity or enforceability of
any other provision.
17. Notice to Property Owners Within the Subdivision Property. NO OWIYER
OF PROPERTY OR LOT WITHIN THE SUBDIVISION PROPERTY SHALL HAVE
ANY RIGHTS IN OR TO THE GOLF COURSE PROPERTY, THE GOLF COURSE
FACILITIES OR AII'Y RECRBATIONAL ACTIVITIES OCCURRING TIIEREON,
INCLUDING BUT NOT LIMITED TO, A VISUAL OR SIGHT EASEMENT OYER OR
ACROSS AIYY PORTION OF THE COUNTRY CLUB PROPERTY, RIGHTS OF
MEMBERSHIP IN OR TO THE GOLF COURSE PROPERTIES OR RIGHT OF
ACCESS TO OR ACROSS THE SAME, UNLESS SUCH RIGHT OR RIGHTS HAVE
BEEN GRANTED OR COIWEYED IN WRITING BY THE OWNER OF THE GOLF'
COURSE PROPERTY, ITS SUCCESSORS OR ASSIGNS
GoIf Cours e Declaration
Rose Ranch P.U.D.
l3-Sep-99
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)
)ss.
)
The foregoing instrumgnt was acknowledged before me, in the County of Garfield, State
of Colorado, this l3e day of fu pt "* Lre., 1999, by Ronald R. Heggemeier, as Manager for the
Declarant, Roaring Fork Investm'ents, LLC, a Colorado Limited Liability Company.
WITNESS my hand and official seal.
IN WITNESS wHEREOF, this Declaration is executed rfrir,rf. t[l 3q,r**Ld9ll.
Declarant
ROARING FORK INVESTMENTS, LLC, a Colorado
Limited Liability Company
STATE OF COLORADO
COUNTY OF GARflELI)
G olf Cours e D eclar ation
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l3-Sep-99
Page l2
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EXHIBIT A
(Golf Course Legal Description)
Those parcels of property identified and more particularly described as Golf
Course Parcel l, Golf Course Parcel2, Golf Course Parcel 3, Golf Course Parcel4, Golf
Course Parcel 5 and Golf Course Parcel 6 on the Final Plat of Rose Ranch Planned Unit
Development Phase 1, recorded in the records of the Clerk and Recorder for Garfield
County, Colorado on/*&r ,Z&19, at Reception No@
Go lf Cours e D eclaration
Rose Ranch P.U.D.
l3-Sep99
Page I3
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BXHIBIT B
(Subdivision Property Legal Description)
Those parcels of property identified and more particularly described as Lots 90
through 171 and Common Areas on the Final Plat of Rose Ranch Planned Unit
Development Phase l, recorded in the records of the Clerk and Recorder for Garfield
County, Colorado ont?:y',2499 at Reception No. €6?/@
Golf Course Declaration
Rose Ranch P.U.D.
l3-Sep-99
Page 14
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1 of 4 R 2l.OO D O.OO GRRFIELD
P88O II RLSDORF
couNTY co
FIRST AMENDMENT
TO
DECLARATION OF GOLT' FACILITIES DEVELOPMENT CONSTRUCTION A}ID
OPEI{ATTONAL AG REEMENT
This First Amendment to Declaration of Golf Faqilities DeveloPment Constnrction and
Operational Agreement (this "Amendmcnt") is made this.;Siflay of .?'i:4i u'" Lj. zWL and
constitutes an amendment to the Declaratiotr of Golf Ficilities Deveiopnrent Cbnstruction md
operational Agreement, recorded September 11, 2000 inBook 1206 at?age734 under Reoeption
No. 569195 inthe real property records of the County of Garfield, State of Colorado, as amended
and zupplenrented from time to tirne (the "Declaration").
WITNESSBTH:
WIIEREAS, the Declaration crealed and defined certain covenants' conditions,
restrictions and easements for the Golf Cor:rse Property and the Subdivision Property as each ar9
a.r.J rr, trr" Declaration. All terms not otherwiie defined in this Amendment shall have their
ureanings set fomtr in the Declaration;
WHEREAS, Roaring Fork Investnent, L.L.C., tre initial Declarant r:nder the Declaration
has assigned, pursuant to-an Assignmeirt of Subdivision Riglts and Approvals rccorded
DecembJr tz,ioooin Book lzzl aiFae746 under Reception 573466 in the records of Garfield
County, all of its rights under the Dcctaration to LB Rose Ranch LLC, a Delaware linited
liabitity company which is uow tbe Declarant rmder this Declaration;
WHEREAS, the Declaraat is the sole owner of the Golf Course ProPorty ar4
Subdivision Propelty subject to the Declaration and can therefore unilalerdly arnend
Declaration; an{
NOW, TIIEBEFORE, the Declaration is hereby amended as follows:
the
the
.tr
l. Golf CotEse Coni4or Easement. The first sentence of Section 7 of Article II of the
Dr"laratio and the following text shall be substituted in its place:
*For all purposes as tlescribed in this Declaration, a pe,l:nanen!-non-orclusivc
*Golf Coursl Conidor Easement" is hereby created and reserved in, oq upo&
over and ttgougto a ten foot wide area ortendiqg outside of all bouudary lines of
the Golf Course Property into the SubdivisionProperty."
Z. Easement for Golf Colrrse Play. Section Z.Ztof ertiheII ofthe Declaration is hcreby
deleted in its entirety ana tte following text shall be substituted in its place:
."The right to utilize the Golf Cor:rse Conidor Easement for tpical "out-of-
bognds';golf course operations and play. These acts shalt include, but not be
limited tothe flight of golf batls over and upon, and the retieval (but not the play)
of golf balls wiitrin *rI Cof Course Conidor Easement, the use of necessary and
.t !t:
}'Ji'
1l
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usual equipulent to maintain and operate the golf course, the usual and common
noise level created by the playing of the game of golf and the operation of
equipment incident thereto, and all other conrmon and usual activity associated
with playing the game of golf and operating ard maintaining a golf couse."
3. Golf Cortrse Play Easement. Secdon 8.1 of Article tr shall be delcted in its entirety.
4. Maintenalrce of Common Area ImppJements. The following text shall be addod to
the end of Section 1 of Article [V ofthe Declaration:
"In the event that the need for maintenance, repair, or replacement of all or my
portion of the Subdivision Property or the Golf Couse Property is eaused through
or by the negligent or willful act or omission of any person, then the o(penses
incurred for such maintenance, repalr, or replacement shall be the obligation of
suchperson.n
5. Governine Law. This Amendment will be governed by and interpreted in accordance
withthe laws ofthe State of Colorado.
6. Countemarts. This Amendment may be executed in counterpart copics whiclL when
takeu together, will evidence the entire agreement of ttre parties.
7. Conflicts Bitween Documents. This Amendment hereby supersedos and contols
over any contrary provision contained in the Declaration
8. Declaration. E:<cept as specifioally set fortb in this Amendment, the Declaration
remgfns unchr*rged and in full force and effect This Aruendment to Declaration shal hercaftsr
be interpraed for all purposes as part of the Declaration.
IN WTINESS WHEREOF, the undersigned sole owner of the Golf Couse Propcrty rrd
the Subdivision Propedy has executed this Amendment on the day and year first set forth above.
DECI-ARAIT{T:
LB ROSE RANCH Lrc, a Delaware
limited liability company
By: PAMI LLC, aDelaware lirmited liabi[ty
company, its managing mernber
By:r--#
Name: Marguerite M. Brogan
2
Title: Authorized Signatory
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srATEoF NewYofi )
) SS.
CoLrNTY OF NewYorlr )
Ttre foregoing instrument was acknowledged before m9 thi! 4 auy or #*4d: ,
by Marguerite li. niog*, as Authorized Signatory of PAMI LLC, a Delaware lirnited liability
co*p"ny, managing member of L! Rose Banch LLC, aDelaware limited liability company-' My***iJ'ioi;-d;;-'*[G-[A i; '
=tsEAtl ' \ in
RLSDORF
c0
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4 of 4 R 2l.Og D O.O0 GRRFIELD C0UNTY C0
rhe undersigned, r*.r"tJ"#,TTT:T* dated ,ury zs, tss.,November
2?,1997 and April 29,1999, respectively, and recorded August 4,1997 in Book 1028 at Page
776, November 26,1997 in Book l}M atPage 30, and April 30, 1999 in Book ll27 atPage364,
respectively, in the office of the Clcrk and Recorder of Garfield Counf, Colorado, as amended
and supplemented from time to tirne (the "Deeds of Trust'), for itself and its sueresson alld
assigns, approv€s the foregoiug First Amendment to Declaration of Golf Facilities Development
Construction and Oprational Agreement affecting the property encumbered by the Deeds of
Tnrst, and agrees that no foreclosure or othcr enforcement of any remedy pusuant to the Deeds
of Trust shall impair, invalidate, srpersede or otlrerwise affect the covenants, conditions,
restrictions and easements established by that Amendment
Lebman Brothers Holdings, Inc., doing
brsiness as Lehman Capital a divigiou of
L€hmanBrothers Holdings, [nc., a Delaware
corporation
Titlq Authoized Si gnatory
srArE oF Newyo* '
] rr.
"'T"";-:: :il*. was acknowredged berore me this M*, "r@,by Marguerite M. Brogan as Authorized Signatory of Lehman Brothers Holdings, Inc., doiqg
business as Lehrnan Capital, a division of Lebman Brothers Holdings, Inc., a Delaware
corporation-
My commission expires:
tsEALl
ElClicnE[-B Rotc Rardt, Llfllstamendgolfdcc2cln.doc
p.5
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1 of 75 R 375.09 D 9.00 GRRFIELD COUNTY C0
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
WHEREAS, on January 17,2OOO and pursuant to the provisions set forth at Colo. Rev'
Stat. $$ 24-68-1}1et. seq., Roaring Fork lnvestnent:, llc ("|garing r9$] and the Board of
Affi; commissioners foi Garfield County, Colorado (tsoard') entered into an agreement
tp.r.iop*ent Agreement") which aaoptea a site specific development plan for that parcel of real
I**, ;ut"a iuitf,i, Garfield County, Colorado and commonly known as the Rose Ranch
i,i;J Unit Development. A copy oftir" Development Agreement is attached hereto and
incorporated herein as Exhibit A.
WIIEREAS, the vesting of property rights under the DevelgpmTt 4g""ment was
expressly made contlngent opoi *rt nfing Uy noaring Fgrk of the final plat for the Rose Ranch
pr-innea unit Developirent, it *" I within six (6) months of execution of the Development
Agreemelrt - JulY 17,2000.
WHEREAS, subsequent to execution of the Development Agreernent, the time period
for filing of the finaf plat roi trre Rose Ranch Planned Unit Development, Phase I was extended
by the Board to SePtember 11, 2000.
WHEREAS, the Board and Roaring Fork wish to amend those provisions of the
Development Agreement governing the tim-e period for filing of the final plat for the Rose Ranch
if*""i Unit DJvelopmerit, Phase I to comport with the extension of the same granted by the
Board above described.
NOW TI{EREFORE, BE IT AGREED BY AND BETWEEN ROARING FORK
INVESTMENTS, LLC AND THE BOARD OF COT]NTY COMMISSIONERS FOR
GARFIELD COIATTY, COLORADO, AS FOLLOWS:
l. paragraph 4 of the Development Agreement is hereby amended in its entirety to
read as follows:
4. This Development Agreement shall not become effective until
such time as the Final Plat ii recordJd in the Office of the Clerk and Recorder for
Garfield County, Colorado. In the event that the Final Plat is not recorded by
S.etr*ter ll, ZOOO,this Development Agreement shall be null and void.
Z. All remaining terms, provisions and conditions of the Development Agreemen] -- .r,4
not amended or otherwise affected under this First Amendment to Development Agreement shall ''iJ
remain in full force and effect.
Firct Amenhnent to Development Agreement
Rose Ranch PUD
Page I
LL'IUI rUH lulI [r I u! ] ! u
''LuLlilu',]H
I
i-Ii-is-i'l1s.ss o o.oo cRRFIELD couNrY c0
DONB AI{D AGREED TO this 10s day of July,2000
BOARD OF COUNTY COMMISSIONERS
FOR GARFIELD COUNTY, COLORADO
ROARING FORK I}WESTMENTS, LLC
Firct Amendment to Darclopment Agreement
Rose Ranch PUD
Page 2
J
Illlilt llilr il]l lllll llllll illl lllll illllllllllllll
SegZgO O9/ll/2OOg O5tfi? gl2OG P854 l'l RLSDORF
3 of ?5 R 375.OO D 0.00 GRRFIELD COUNTY C0
DEVE LOPNTENT AGRE E}IE NT
WHEREAS, Roaring Fo.rk lnvestments, LLC ("Roaring Fork") is the orvner of thatcertain parceI of real propeftt located within Garfield Countv, Colorado (..Rose Ranch,,) morepanicularly described on Exhibit A attached here,,vith and incorporated herein by this reference.
}VHEREAS, pursuant to Resolution {o. 98-80, entered by the Board of CounryCommissioners for Garheld County, C_olorado 1,,noord,jon 09_Sep_99 and recorded in therecords of the clerk and Recorder for Garfield County, iolorado on 09-Sep-99 at Book 10g7,Page 876 and Reception No. 53 1935, Roaring port rnrestments,'LLC (,,Roaring Fork,) receivedplanned unit developmelt approval ("P[rD PIan') for the Rose Ranch. A cop;r of Resolution Nb.98-80 is attached herewith and incorporated herein as Exhibit B.
\VIIEREAS, the PUD Plan for the Rose Ranch was subsequently amended by the Boardon 07-Jun-99 under Resolution No.99-067, which Resolution rvas recorded in the records of rheclerk and RecordT Pj Garfield Counry, Colorado on 08-Jun-99, at Book I 133, page 9l I andReception No' 546856. A copy of Restlution No. 99-067 is attached herew.ith ;;Ji;G*.,"aherein as Exhibit C.
}VHEREAS, the PUD Plan for the Rose Ranch given its size, incorporates a phasingschedule ("Phasing Schedule') for the subsequent plattiig and build-out of the Rose Ranchproperty.
Exhibit D.
A copy of the Phasing Schedule is attached herervith ana incorpo;;il;;;;
lvHEREAs, on 13-Sep-99, Roaring Fork received from the Board, Final plat
surbdivision approval ("Final Plat') for thatlortion of the Rose Ranch identified on the final platfor the sarne iN "Rose Ranch Planned Unit Development, pt
"r" I,'. As part of the Fjnal plat
approval above referenced, Roaring Fork executedwith ir. go*a, a Subdivision ImprovementsAgreement ("sIA') securing the construction of public improvements within the Rose Ranch andother obligations of Roaring under the PIJD planand Finaiplat Approval. A copy of thesubdivision Improvements Agreement is attach.d h;;rriti and incorporared ilI"il;;;hibir F.
IVHEREAS, under the Final Plat and the SIA, Roaring Fork is required to construct,extensive public improvements including but not rimii.Jio, a rvater tank and domestic rvatertreatment plant, county Road 109 improvements, cournty Road 154 and Highway g2 intersectiontryf 9 light and turn lanes and rvaste ivuter treatrnent plant expansion, rvhich have been designecland sized to accomnlodate the Rose Rancli property .i rrii build-out under the pUD plan.
IyHEREAS, pursuant to Resolution No. 99-068 entered by the Board on 04-May-99 andrecorded in the records of the Clerk and Recorder for Garfield Counry, Colorado on 0E-Jun-99 atBgok 1 133, Page 922-and Reception No. 546857,Roaring Fork received preliminary plan,.g.qJ
^ tqlsubdivision approval for the Rose Ranch. A copy of ResJtution No. 99-06g is attached herewithand incorporated herein as Exhibit E.
D ev c lo p t nen t .1 gree n e n t
Rost Rurch PUD
Ptrye !
EXHIBIT
lo
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369200 Ogllt/zo$O O5:tgP Btz0d P855 ll RLSD0RF
4 of 75 R 375.O9 O 0.00 GRRFIELD cOul{TY C0
NO\,V THEREFORE, BE IT AGREED BY AND BET*EEN RO.q.RING FORKINVESTIVTENTS, LLC AIVD THE BOARD oF CoLJ-NiTY CoiT,tivTISStoNERS FoRGARFIELD COLINTY, COLORADO, AS FOLLOWS:
4' This r)evelopment Agreement shall not become effective until such time as the FinalPlat is recorded in the office of the clerk and Recorde. ro. c"inetd county, colorado. In the event thatthe Final Plat is not recorded within (6) months of execution oii.r.of, this Development Agreementshall be null and void.
l.The PIJD Plan, as conditionally approved by rhe Board under the resolutions above
Ill.:,.,1.i1.i:I1,r],1_.id 1!: rerms and p.."iJil", "r;; il-,;jio.'0i..!T;H::H,1,::i"specific developmenr plan entitlin-s Roaring Fork to certaiin vested rights as set tbnh under Colo. Rev.Stat. $$ 24-68-l0l et. seq., as amended.
2.C"Tt:,"._}, :r:l-ltiP p]an a1d in rec.ognition of rhe size of this project and projected
:::l3Tl:i{::i;i:"T:*:::::i:1':': instant thereto, th;:;';;;;:*.iailil".I, J;;;il:f,:,?:;
:,:1:*1.::,1-_':i_rll,Tr""d the,time period 1".,;'ti,g;rffii;ffi;ffi; li,;;b;,"","i";,il1;j.this Developmenr Agreemenr untess eitended i, ;ti;; ;i'd.a;;;;iffi;i;
J.The approval of this Development Agreement together rvith the extended period for
; iffi ffi ;'il ;il,;il;H::,::'T,snecificallv nnfino thai etrinr n^--r,i^-^^ :- --^r- r ..r
i:::,,::?:r,":*r_llTl*,."_1ply:_..is neededwt.ffiil;ffi;,;;iililffi;i:#ff;J;iJ,
*::::.oJT:i,*.:,1tre 3urrg.at!9n of Roaring Fork o.;ilt;;il;ffi.;#rffiJ:fiffiJ::lH{;
y:,H}::-y.r^ lllt:l:rinar prator the Ii.A. rh. p;;l;;,;'il;;;.il;,.:ffi;:.,i,"ji",i1,rffi
",i:lll-*:.",11]3.i":f:Y::th anyof the terms
"na conaition;ffi;iuil;i;;,;;'ffi;l;iil; #ir;,t.rl .rral uf uItr olf\
;i::'r:i;irYect to a forfeiture of the vested rights agreeJ,o rr"r.in, as set forttrwithin colo. Rev. srat. g24-68-103(1).
5.Nothing contained herein-sha-I1 in any manner relieve Roaring Fork of the requirement to
::Iy]I_fg 11 1pp
tT..b 13 grovis
i
o11 o I th9 c arn" r a co unty s;; ;;r;; ffi ,ffi # ffi ffi; ;l:subdivision of properties lying outside the Final plat.
6.Roaring Fork shall, within (14) days of the execuiion of this Agreement, cause to be
r-'::-.1'j1_?-1yr!^"p3r of genera.r circuraiion, . "",i.. "li;il il; J."lr.irirur,ffiil ffi ;;specitic development plan approvar and creation orr.st.a prop-.'rry rights.
DONE AND AGREED TO this l_{hay of Jhvq n el , :2OOO.
BOARD OF COUNTY COMMISSIONERS
FOR GARFIELD
Dcvelopment ,1
s of 25 R 3?s.oo D o.o0 GniFiEr-i-bounTy co
.i.l I tsS1
RO.{RDiG FORK tr\i}EST},TENTS, LLC
I
,,
Nfanager
D e.; e loa rnel.r A gr eem er::
,?osa Raxc.i PCD
Pcge 3 .
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569200 Ogllll2OOO o5:lEP BI2OA PE57 lt RLSD0RF
6 of 75 R 375.OO D 0.00 GRRFIELD COUNTY C0
ATTEST
Development Agreonent
Rose Rarch PUD
Pagei.
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569200 og/tl/zo00 OSzlEP 81206 P858 Il RLSDORF
? of ?5 R 375.oO O 0.00 GRRFIELD COUNTY C0
EXHIBIT A
ROSE R{NCH PROPERTY DESCRIPTION
Development .4 greement
Rose Ranch PUD
Poge I
Lllllllllll illiltillflill ilil lltilt ilt !]t ilt tilt569200 o9/7t/20o0 01:t8p 81206 pass n nLEDbFi'8 of 75 R 375.00 D 0.00 GRRFTELD coUNTy co
ROSE RANCH P.U.D. PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATED IN LOTS 4, 5, 10, II, 12,13, 15, 16, 77 ,22,23,24,
28, ?9,30 AND 34 0F SECTION I AND LOTS 2,3, 4,.7, g, g, 12, 13,15, 16 0F
SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL
TvIERIDIAN, COUNTY oF GARFIELD, STATE oF coLoRADo; SAID nARCEL oF
LAND BEING MORE PARTICIIARLY AS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTITWEST CORNER OF SAID SECTION 1, A 1958 BLM
BRASS CAP IN PLACE; THENCE S 56"22'41' E 518.09 FEET To A poINT oN THE
SOUTHERLY LINE OF THAT PROPERTY DESCREED IN BOOK 590 AT PAGE 955 OF
THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, THE TRUE POINT OF
BEGINNING; THENCE s 59"20'23' E ALONG THE sourHERLy uxp oTTffim
590 AT PAGE 955, A DISTANCE oF zoS.zt FEET; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE S 63"47' 19' E 60.78 FEET TO A REBAR AND CAP L.S.
#T7488IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE
s 63"47'23' E 334.00 FEET To A REBAR AND cAp L.s. #17488 IN PLACE; THENCE
CONTINUING ALONG SAID SOUTHERLY LINE S 63947'20" E 334.00 FEET TO THE
SOUTHEAST CORNER OF SAID BOOi< 590 AT PAGE 955, A REBAR AND cAP L.s.
#L7488IN PLACE; THENCE N 37"11,37" E ALONG THE EASTERLY LINE OF SAID
BOOK 590 AT PAGE 955,298.51 FEET TO A POINT ON THE CENTERLINE OF THE
ROARING FORK RIVER; THENCE THE FOLLOWING FIVE (s) COITRSES ALONc Tlm
CENTERLINE OF SAID RIVER:
s 64"20j33', E 539.13 FEET
s 69"24',54" E 523.30 FEET
s 61"41'54" E 147.5L FEET
s 34"19'54" E 646.90 FEET
S 29'54'54" E 516.97 FEET TO A POINT ON THE EASTERLY LINE
OF LOT 17 OF SAID SECTION 1; THENCE LEAVING SAID CENTERLINE
S OOO42'38" E ALONG THE EASTERLY LINE OF LOTS 17,22 AND 29, A DISTANCE
oF 2140.70 FEET; THENCE LEAVING SAID EASTERLy LINE N 89"15,45, E 43.14
FEET TO THE NORTHWEST CORNER OF THAT PROPERTY DESCRIBED IN BOOK
511 AT PAGE 103 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE;
THENCE THE FOLLOWING SIX (6) COURSES ALONG THE WESTERLY LINE OF
SAID PROPERTY:
1. S 41007'10'E 559.76 FEET2. S 47'56'39' E 519.90 FEET3. S 47" t6'43" E 466.70 FEET
1.
2.
3.
4.
5.
Lllllllluflllulil|ililtilr tililt ilt il[ilt t!]
3':3'%':'l+!,:32'o'3:13'.313?E.B'33,[;9T3'hF
PAGE NO. 2
ROSE RANCH P.U.D. PROPERTY DESCzuPTION
4. S 34"29',09" E 123.72 FEET5. S 04'45'39' E 390.41 FEET6. s 08"01'51' w 130.25 FEET lro rur sourHwEsr coRNER oF SAID
PROPERTY; THENCE N 67"25'06" E ALqNG THE SOUTHERLY LINE OF SAID
PROPERTY 21L.OO FEET TO A POINT ON THE EASTERLY LINE OF LOT 9 OF SAID
SECTION 12; THENCE S 00"22'tL'E ALONG SAID EASTERLY LINE 606.90 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 9, A REBAR AND ALUMINIJM CAP, LS
#22580,IN PLACE; THENCE s 03"11'58' w ALoNc THE EASTERLY LINE oF LoT t2
OF SAID SECTION 12 741.05 FEET TO THE SOUTHEAST CORNER OF SAID LOT 12,
A REBAR AND ALIMINUTvI CAP IN PLACE; THENCE s 00"06'02' E ALONG THE
EASTERLY LINE OF LOT 16 OF SAID SECTION 12 555.52 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 16, A REBAR AND ALUMINUM CAP IN PLACE, SAID POINT
ALSO BEING THE NORTHEAST CORNER OF TELLER SPRINGS SUBDTVISION;
THENCE S 89'59'08' W ALONG THE NORTHERLY LINE OF SAID TELLER SPRINGS
SUBDTVISION 220.61 F,EET TO THE SOUTHEAST CORNER OF PARCEL C OF
RECEPTION NO. 444311 OF THE GARFIELD COUNTY CLERK AND RECORDER'S
OFFICE; THENCE LEAVING SAID NORTHERLY LINE N 12"57'48' W ALONG THE
EASTERLY LINE oF SAID RECEPTIoN No. 444311 169.14 FEET; THENCE
N 87"58'25" W ALONG THE NORTHERLY LINE OF SAID PARCEL C 324.74 FEET;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL C ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 582.29 FEET AND A CENTRAL
ANGLE OF 17"52'.5f i A DISTANCE OF 181.72 FEET (CHORD BEARS
S 13"29'05' E 18b.98 FEET) TO A POINT ON THE NORTHERLY LINE OF SAID
TELLER SPRINGS STIBDIVISION; THENCE S 89o52'26" W ALONG SAID NORTHERLY
LINE L74.OI FEET TO THE NORTHWEST CORNER OF THE TELLER SPRINGS OPEN
SPACE; THENCE LEAVING SAID NORTHERLY LINE S 2io55'10" w ALONG THE
WESTERLY LINE OF SAID OPEN SPACE 53.97 FEET TO T}IE NORTHEAST CORNER
OF LOT 5 OF SAID TELLER SPRINGS SUBDIVISION AS SHOWN ON THE AMENDED
PLAT THEREOF; THENCE s 89o59'08' w ALONG THE NORTHERLY LINE oF SAID -
Lor 5 165.35 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE
N 45O0I,42" W 28.27 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE
N 89O59'08" W 855.53 FEET TO THE NORTHWEST CORNER OF SAID LOT 5, SAID
POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY OF COI.JNTY ROAD NO. IO9;
THENCE THE FOLLOWING TWENTY-THREE (23) COURSES ALONG SAID EASTERLY
RIGHT-OF-WAY:
l. N 13015'09" E 30.94 FEET
2. N 13040',41" E 96.97 FEET
3. N 14026'34" E 9.37 FEET
4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
Llllltllu ililr ril lilL ilil !]ilt ilt ililt il tilt
13'3?',3'{i+3?233';:ZZBliFi,lB.l,U,l}TBri
PAGE NO. 3
ROSE RANCH P.U.D. PROPERTY DESCRIPTION
263.67 FEET AND A CENTRAL ANGLE OF 22"42' 13", A DISTANCE OF
104.48 FEET (CHORD BEARS N 03"05'28' E 103.80 FEET)
N 08"15'39',W 721.97 FEET
N 09'37'30', W 215.26 FE87
N 09"32',11',W 716.14 FEET
N 09"24',35',W l73g.g3 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADruS OF
187O.OO FEET AND A CENTRAL ANGLE OF 05"38'57" , A DISTANCE OF
184.38 FEET (CHORD BEARS N 06"35'06' W 184.30 FEET)
N 03'45'3g',W 70.62 FEET
ALONG THE ARC OF A CI'RVE TO THE LEFT HAVING A RADIUS OF
1155.00 FEET AND A CENTRAL AN.GLE OF 08'59'23" A DISTANCE OF
t81.22 FEET (CHORD BEARS N 09"15't9'W 181.03 FEET)
N 12"45',01'* W 250.30 FEET
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
518.09 FEET AND A CENTRAL ANGLE OF 35'11'37" , A DISTANCE OF
3t8.23 FEET (CHORD BEARS N 30.20'49'W 3t3.26 FEET)
N 47'56'39', W 239.90 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAYING A RADruS OF
152O.OO FEET AND A CENTRAL ANGLE OF 14'05'17' , A DISTANCE OF
373.74 FEET (CHORD BEARS N 40"53'59' W 372.80 FEET)
N 33"51',2o',W 485.97 FEET
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADruS OF
620.00 FEET AND A CENTRAL ANGLE OF 19"38'05" A DISTANCE OF
2t2.47 EEET (CHORD BEARS N 43"40'23' 'W 211.43 FEET)
N 53'29'25" W 511.09 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAYING A RADruS OF
47O.OO FEET AND A CENTRAL ANGLE OF 34O45'42" , A DISTANCE OF
285.15 FEET (CHORD BEARS N 36.06'34' W 2g0.go FEET)
N 18"43'43" W 773.97 FEET
ALONG THE ARC OF A CIJRVE TO THE RIGHT HAVING A RADIUS OF
620.00 FEET AND A CENTRAL ANGLE OF 30"05'19" A DISTANCE OF
325 .59 FEET (CHORD BEARS N 03 "41 '04' W 32t.86 FEET)
N 11"21',36', E t7L.27 FEET
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
38O.OO FEET, A CENTRAL ANGLE OF 02"00'46' AND A DISTANCE OF
13.35 FEET (CHORD BEARS N 10.21'13" E 13.35 FEET) TO A POINT
5.
6.
7.
8.
9.
10.
11.
L2.
13.
18.
19.
L4.
15.
16.
L7.
20.
11
22.
ON THE SOUTHERLY LINE OF RIVER RIDGE P.U.D.; THENCE LEAVING SAID
t["lljlltl f llfllll[]llllf llll ftilt ilt ilil] il []
??'3?u,3',('i4?",333';lj,JlBifr gi;ft .3;il?i'Ehh'r'
PAGE NO. 4
ROSE RANCH P.U.D. PROPERTY DESCzuPTION
EASTERLY RIGHT-oF-wAy N l9'24'30'l E ALoNG sAID sourHERLy LINE 83.2s
FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 65.25,04, E 20.16
FEET ro rur rnur pomr op nrcwNiNc; SAID pARcEL coNTAINtNG zlt.zgt
ACRES, MORE OR LESS.
TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 23 AND 28 OF SECTION
1 AND LOTS 4, 5, 6, 7 , 14, THE NW1/4NWI/4 AND THE SW1/4NW1/4 OF SECTION
12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING
IVIORE PARTICULARLY AS DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BMSS
CAP IN PLACE, THE TRUE POINT oF BEGINNING; THENCE s 88.08'24, E ALQNG
THE NORTHERLY LINE OF THE N}V1/4NW1/4 AND LOT 5 OF SAID SECTION 12
1925.15 FEET; THENCE LEAVING SAID NORTHERLY LINE S 01"19'06, w lOO.oO
FEET; TTTENCE s 88'08'24' E 150.00 FEET; THENCE N 00"03'38" E 200.10 FEET;
THENCE N 88O08'24' W 100.15 FEET TO A POINT ON THE WESTERLY LINE OF LOT
28 oF SAID SECTION 1; THENCE N 01"16'57' w ALONG THE WESTERLY LINE oF
LOTS 28 AND 23 OF SAID SECTION 1 1061.60 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY oF CoUNTy ROAD 109; THENCE LEAVING THE
WESTERLY LINE OF SAID LOT 23 THE FOLLOWTNG SEVEN (7) COURSES ALONG
THE WESTERLY RIGHT.OF-WAY OF SAID COUNTY ROAD 109:1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADruS OF
458.09 FEET AND A CENTRAL ANGLE OF 36'07'56" A DISTANCE OF
288.88 FEET (CHORD BEARS S 30"48'59'E294.12 FEET)2. S 12'45'01' 8 247.15 FEET
3. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
1O95.OO FEET AND A CENTRAL ANGLE OF 08"59'?3" , A DISTANCE OF
171.80 FEET (CHORD BEARS S 08o15'19" E 17t.63 FEET). 4. S 03"45'39" E.70.62 FEET5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
193O.OO FEET AND A CENTRAL ANGLE OF 05'38'57" A DI.Sf41g6E OF
190.29 FEET (CHORD BEARS S 06.35'06' E 1g}.2t FEET)6. S 09o24'35' E t73g.96 FEET
7 . S 09"32'11" E 545.09 FEET (TO A POINT WHENCE AN ONE INCH
IRON PIPE BEARS S 80"39'46' W 15.01 FEET); THENCE LEAVING SAID WESTERLY
ilililt ililr rilllr lllll lllil llll lllll lll illll lll lll
569200 O9/71/2OOO O3tlBP B[2OA PE63 1'l RLSD0RF
12 oJ 75 R 375.OO D 0.00 GRRFIELD COUNTY C0
PAGE NO. 5
ROSE RANCH P.U.D. PROPERTY DESCRIPTION
RIGHT.OF-WAY S 80"39'46" W ALONG THE NORTHERLY LINE EXTENDED AND
THE NORTHERLY LINE OF RECEPTION NO. 402764 156.56 FEET TO AN ONE INCH
IRON PIPE IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY LINE
S 46'49'46' W 319.59 FEET TO THE NORTHWEST CORNER OF SAID RECEPTION
No. 402764, A REBAR AND cAP IN PLACE; THENCE s 08'30'14" E ALONG THE
WESTERLY LINE OF SAID RECEPTION NO. 4027& AND RECEPTION NO. 418590,
302.72 FEET TO THE SOUTHWEST CORNER OF SAID RECEPTION NO. 418590;
THENCE S 80"45'44' W ALONG THE NORTHERLY LINE OF RECEPTION NO.
39"1182, T77.17 FEET TO THE NORTHWEST CORNER OF SAID RECEPTION NO.
397182; THENCE S 17"25'15' W ALONG THE WESTERLY LINE OF RECEPTION NO.
397182 AND RECEPTION NO. 411767 , 741.91FEET TO THE NORTHWEST CORNER
OF LOT 21 OF SAID SECTION 12, ALSO BEING THE NORTHWEST CORNER OF
TELLER SPRINGS SUBDTVISION; THENCE S 00o00'34' w ALONG THE WESTERLY
LINE OF SAID TELLER SPRINGS SIIBDIVISION AND THE EASTERLY IINE OF LOT
14 OF SAID SECTION 12 768.25 FEET TO THE SOUTHEAST CORNER OF SAID LOT
14; THENCE LEAVING THE WESTERLY LINE OF TELLER SPRINGS SUBDTVISION
S 89"00'59' W ALONG THE SOUTHERLY LINE OF SAID LOT 14 468.99 FEET TO THE
SOUTI{WEST CORNER OF SAID LOT L4; THENCE N 00"22'13' E ALONG THE
WESTERLY LINE OF SAID LOT 14 1378.08 FEET TO THE NORTHWEST CORNER OF
SAID LoT 14; THENCE N 89'07'53' w ALONG THE SOUTHERLY LINE oF TI{E
swl/4N"Wll4 OF SAID SECTION 12 t347 .9LFEET TO THE WEST QUARTER CORNER
oF SAID SECTION 12, AN ALUMINUM CAP IN PLACE; THENCE N 00'33'14' w
ALONG THE WESTERLY LINE OF SAID SECTTON L? 2728.80 FEET TO THE TRI,E
LOINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 166.038 ACRES,
MORE OR LESS.
TOGETHER WITH A TRACT OF LAND SITUATED IN SECTION 35, TOWNSHIP 6
SOUTH, RANGE 89 WEST AND SECTION 2, TOWNSHIP 7 SOUTH, RANGE 89 WEST,
ALL IN THE SIXTH PRINCIPAL MERIDIAN, COI]'NTY OF GART'IEI,D, STATE OF
COLORADO; SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE COMVION CORNER TO SECTIONS I AND 2, TOWNSHIP 7
SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID CORNER
ALSO BEING COMMON TO SECTIONS 35 AND 36. TOWNSHIP 6 SOUTH, RANGE 89
WEST OF THE SIXTH PzuNCIPAL MERIDIAN; THENCE N 76"04'29" W 4185.64 FEET
PAGE NO. 6
1.
2.
J.
4.
5.
ililll iltil flilt ]il[ffiilil lill]il!]ilI fllllt569200 O9/17/2OOO 05:1EP Bt20G P864 tt RLSD0RF
13 of 75 R 375.OO O 0.00 GRRFIELD cOUNTy C0
ROSE RANCH P.U.D. PROPERTY DESCzuPTION
TO THE NORTHEAST CORNER OF LOT 2I, WESTBANK RANCH SUBDIVISION,
FILING I, THE TRUE POTNT OF BEGT.\INT,NG; THENCE THE FOLLOWING TV/ENTY
FIVE (25) COURSES ALONG THE NORTHERLY AND EASTERLY BOUNDARY OF SAID
S O9"OO'22'W 226.00 FEET TO A REBAR AND CAP, L.S. NO. I9598
S 69"53'22" W 82.00 FEET TO A REBAR AI.ID CAP, L.S. NO. 19598
S 06"59'38" E 79.00 FEET TO A REBAR AND CAP, L.S. NO. 19598
s 55o29'38', E 95.00 FEET TO A REBAR AND CAp (ILLEGIBLE)
S 75"13'38' E 2I5.OO FEET TO A NO. 5 REBAR6. N 88o58'22" E 451.00 FEET TO A REBAR ANID CAp (ILLEGIBLE)
7 . N 82"55'22" E 240.00 FEET TO A REBAR AND CAp (ILLEGIBLE)
8. S 20"35'18'*E 185.00 FEET TO A REBAR AND CAp (ILLEGIBLE)
9. N 69O24'42" E 2IO.OO FEET TO A REBAR AND CAP, L.S. NO. 19598
I 0. N 07" I 8'26u W 251 .73 FEET TO A NO. 5 REBAR11. N 71"15'22" E 272.00 FEET TO A REBAR AND CAp (ILLEGIBLE)
I?,. N 4I"OO'22'E 372.54 FEET TO A NO. 5 REBAR13. s 65"5938',E 435.00 FEET TO A NO. 5 REBAR14. S 19"59',38" E 210.00 FEET TO ANOr. 5 REBAR15. s 60"00'22" w 398.80 FEET TO A NO. 5 REBAR16. S 48"16'51. W 235.20FEETTOANO. 5 REBARt7. s 50"30'22" W 2t0.22 FEET TO A NO. 5 REBAR18. s 69"24'.42' W 180.00 FEET TO A NO. 5 REBAR19. N 20"35'18" W 260.00 FEET TO A REBAR ANID CAP, L.S. NO. 1959820. s 69"24'.42', W 230.27 FEET TO A NO. 5 REBAR2t. s 20o35'18" E 266.00 FEET TO A REBAR AND CAp (ILLEGIBLE)22. S 66009'07', W 96.57 FEET TO A REBAR AND CAp, L.S. NO. lg5gg23. S 01"23'54'' W 109.60 FEET TO A REBAR AND CAP, L.S. NO. 716824. S 28o05'38' E 250.00 FEET TO A REBAR ANID CAp (ILLEGIBLE)25. S 67"07'27" E 149.99 FEET TO A REBAR ANID CAp oLLEGIBLE), THE COMMON
CORNER OF WESTBA}IK RA}iCH SUBDIVISION FILING I A}TD WESTBANK RAI{CH
SUBDIVISION FILING 2, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF
LOT 23 OF SAID FILING 2; THENCE THE FOLLOMNG SEVENTEEN (17) COURSES
ALONG THE NORTHERLY BOUNDARY OF SAID WESTBANK RANCH SUBDIVISION
FILING 2:
1. S 69O05'38' E 633.53 FEET TO A NO. 5 REBAR2. N 78O31'22" E 3I8.I6 FEET TO A NO. 5 REBAR3. S 62o19'08" E 376.50 FEET TO A REBAR AND CAp (ILLEGIBLE)4. S 84.58',08" E t92.70 FEET TO A REBAR AND CAp (ILLEGIBLE)
PAGE NO. 7
ill]il ililt lililt lil]lllillilll llllllllu]!-|l|[ll
?it3?i3i'tJl;:z',loalz,8lfr Fi'13'30iln?f '83"
ROSE RANCH P.U.D. PROPERTY DESCzuPTION
5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5E5.OO
FEET, A CENTRAL ANGLE OF 03O55'I3" AND A DISTANCE OF 40.03 FEET
(cHoRD BEARS N 03o04'17" E 40.02 FEET) TO A NO. 5 REBAR
N 84058'08" W 193.32 FEET TO A NO. 5 REBAR
N 62'I9'08'V/ 133.53 FEETTOANO. 5 REBAR
N 10"46'22' E 65.I I FEET TO A I INCH STEEL PIPE
N 30O36'38" W 476.00 FEET TO A REBAR AND CAP, L.S. NO. 9184
N 39O08'22" E 306.48 FEET TO A NO. 5 REBAR
N 77"24'.22', E 264.88 FEET TO A REBAR AND CAp (ILLEGIBLE)
s 33046'38'*E 544.01 FEET
s 18029'39' E 2l7.}0FEET
S 06"49'38U E 218.79 FEET TO A REBAR AND CAP, L.S. NO. 19598
N 84"58'08" W 259.29 FEET TO A NO. 5 REBAR
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 645.00
FEET, A CENTRAL A}IGLE OF 03O33'20' AND A DISTANCE OF 40.03 FEET
(CHORD BEARS S 03O15'I4'' W 40.02 FEET) TO A REBAR AND CAP OLLEGIBLE)
17 . S 84O58'08' E 334.45 FEET TO A NO. 5 REBAR, THE COMMON CORMR OF
\\TESTBA}IK RANCH SUBDIVISION FILING 2 AND WESTBA}IK RANCH SUBDTVISION
FILING 3, SAID CORNER ALSO BEING UTT NONTHWEST CORNER OF LOT 14 OF
SAID FILING 3; THENCE THE FOLLOWING SIXTEEN (16) COURSES ALONG TI{E
WESTERLY BOUNDARY OF SAID WESTBA}IK RANCH SUBDIVISION FILING 3:1. N 81O07'37" E357.gI FEETTO A REBARAND CAP, L.S.NO. 9I842. N 89O54'22" E 2OO.OO FEET TO A REBAR AND CAP, L.S.NO. 195983. S 79o32'08" E 2t6.49 FEET TO A NO. 5 REBAR4. S 74o29'.38 8 t73.39 FEET TO A REBAR AI{D CAp (ILLEGIBLE)5. ALONG THE ARC OF A CURVE TO T}IE LEFT HAVING A RADruS OF 3OO.OO
FEET, A CENTRAL A.I\GLE oF 09o56'03" AND A DISTAIICE oF s2.ozFEET
(cHoRD BEARS N 00o36'54" E 51.95 FEET) TO A REBAR AND ALUMINUM CAp,' L.S.NO. 11204
6. N 74O29'38' W 3I9.84 FEET TO A REBAR AND ALUMINUM CAP, L.S. NO. II2O47. N 33'34'38' W 232.OO FEET TO A REBAR AND CAP (ILLEGIBLE)8. N 22"27'38'' W 382.00 FEET TO A REBAR AND CAP, L.S. NO. 9I84g. N 20022'38', W 329.18 FEET TO A NO. 5 REBAR10. N 35O29'38'' W I I9.OO FEET TO A REBAR AND CAP, L.S. NO. 9184I1. N 52"29'38'' W I75.OO FEET TO A REBAR AND CAP, L.S. NO. 918412. N 52O29'38' W 2I5.O.O FEET TO A REBAR AND CAP, L.S. NO. 918413. N 16o18'38', W 321.00 FEET TO A REBAR AND CAp (ILLEGIBLE)14. N 33O56'22" E 228,90 FEET TO A REBAR AND CAP, L.S. NO. 9184
PAGE NO. 8
ililril ililr !ilil lrLr IIlililil ilililt ltilll ilt lllt
569200 Ogllt/2OOO O5:18P 81206 P856 l.l fiLSDORF
15 of 75 R 375.OO D 0.00 GRRFIELD C0UNTY C0
ROSE RANCH P.U.D. PROPERTY DESCRIPTION
15. S 69O27'38' E 475.00 FEET TO A REBAR AND CAP, L.S. NO. 9184
16. S 50O45'38" E 395.00 FEET TO A REBAR AND CAP, L.S. NO. 9184, SAID POINT
ALSO BErNG THE NORTHEAST CORNERiOF LOT 23 OF SAID WESTBAI{K RAI{CH
SUBDMSION FILING 3; THENCE LEAVING SAID BOTINDARY N 42"04'22" E 160.00
FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE THE
TWELVE (12) FOLLOWING COURSES ALONG SAID CENTERLINE:
1. N 51047',38" W 124.10 FEET
2. N 45056'38" W 239.80 FEET I
3. N 64'32!38" W 507.80 FEET
4. N 84051'38" W 169.60 FEET
5. N 79036'38" W 203.00 FEET
6. N 72'34',38" W 879.00 FEET
7. s 87"46',22',W 342.00 FEETg. s 85"12'.22', W 231.00 FEETg. s 65"57'.22',W 517.00 FEET
10. s 48"42',22',W 332.00 FEET
11. s 69"44',22', W 363.00 FEET
12. N 80"02:30,' W I 81.97 FEET TO THE TRIJE POINT OF BEGINNING; SAID TRACT
OF LAND CONTAINING 93.860 ACRES, MORE OR LESS.
TOGETHER WITH A 3O.OO' WIDE ACCESS AND UTILITY EASEMENT EXTENDING
FROM MEADOW LANE TO COUNTY ROAD NO. 109 AND BEING TIIE SOUTIIERLY
3O.OO FEET OF LOT 15, V/ESTBANK SIJBDTVISION, FILING NO. 3,.AS SHOWN ON
THE PLAT THEREOF RECORDED IN THE GARFIELD COUNTY CLERK AND
RECORDER'S OFFICE
TOGETHER WITH A LIMITED ACCESS EASEMENT THROUGH WEST BANK OPEN
SPACE BEING A 25.00 FOOT WIDE STRIP OF LAND SITUATED IN LOT 24, SECTION
1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND LYING
12.50 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION I, A BLM BRASS
CAP IN PLACE; THENCE N 61o13'24" E2223.28 FEET TO A POINT ON THE PAGE
NO. 9
ilililt ililt illlll lllll llllll ilil ill] lil llllll lll llll
569200 O9/ll/2OOO O5;1EP 81206 PE67 1'l RLSDORF
16 of ?5 R 3?5.OO D 0.00 GRRFIELD COUNTY C0
ROSE RANCH P.U.D. PROPERTY DESCRIPTION
EASTERLY LINE OF SAID LOT 24, SAID POINT ALSO BEING ON SAID
CENTERLINE, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
EASTERLY LINE N 48o52'57' w ALoNc SAID CENTERLINE 236.91 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 1404.75 FEET AND A CENTRAL ANGLE OF
10o55'42", A DISTANCE OF 267.94 FEET (CHORD BEARS N 43"25'05' W 267.53
FEET); THENCE CONTINUING ALONG SAID CENTERLINE N 69"16'39" F 20.95
FEET TO A POINT ON THE SOUTHWESTERLY RIGHT.OF.WAY OF COUNTY ROAD
NO. 109; THENCE LEAVING SAID RIGHT-OF-WAY AND CONTINIIING ALONG SAID
CENTERLINE s 69'16'39" w 30.81 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS
OF 25.00 FEET AND A CENTRAL ANGLE OF 42"43'58" A DISTANCE OF 18.65
FEET(CHORD BEARS N 89"21'22' W 18.22 FEET); THENCE CONTINITING ALONG
SAID CENTERUNE N 67"59'23" W 56.79 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
25.00 FEET AND A CENTRAL ANGLE OF 64"44'47" , A DISTANCE OF 28.25 FEET
(CHORD BEARS S 79o38'13' w 26.77 FEET); THENCE CONTINLIING ALONG SAID '
CENTERLINE S 47o15'50' W 58.23 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A CI'RVE TO THE LEFT HAVING A RADruS OF
125O.OO FEET AND A CENTRAL ANGLE OF 05O28'45', A DISTANCE OF 119.54 FEET
(CHORD BEARS S 44'31'27" w 119.49 FEET); THENCE CONTINIIING ALONG SAID
CENTERLINE S 4t"47'05u W 96.44 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A CIJRVE TO THE RIGHT HAVING A RADIUS
OF 1OO.OO FEET AND A CENTRAL ANGLE OF 18'48'32", A DISTANCE OF 32.83
FEET(CHORD BEARS S 51"11'21'W 32.68 FEET); THENCE CONTINTIING ALONG
SAID CENTERLINE S 60"35'37'W 46.99 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A CIJRVE TO THE RIGHT HAYING A RADruS
OF IOO.OO FEET AND A CENTRAL ANGLE OF 16'49'45" A DISTANCE OF 29.37
FEET(CHORD BEARS S 69"00'29" W 29.27 FEET); THENCE CONTINUING ALONG
SAID CENTERLINE S 77o25'22'W 39.30 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
25 .OO FEET AND A CENTRAL ANGLE OF 3 3 O 15 '59' , A DISTANCE OF 14 .52 FEET
(CHORD BEARS S 60"47'22' W 14.31 FEET); THENCE CONTINIIING ALONG SAID
CENTERLINE S 44"09'23' w 33.76 FEET; THENCE CONTINIIING ALONG SAID
CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
5O.OO FEET AND A CENTRAL ANGLE OF 29"35'03', A DISTANCE OF 25.82
FEET(CHORD BEARS s 29"21'52'w 25.53 FEET); THENCE CONTINUING ALONG
SAID CENTERLINE S 14o34'20" W 21.94 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
5O.OO FEET AND A CENTRAL ANGLE OF 25"18'20', A DISTANCE OF 22.08 FEET
PAGE NO. 10
tlllilililt ilIil ]il[ffiilil llmilil]t ]t lllt
569200 O9/71/2OOO Oizl8P 81206 P86E l'l RLSDORF
l7 ol 75 R 375.00 D 0.00 GRRFIELD COUNTY C0
ROSE RANCH P.U.D. PROPERTY DESCRIPTION
(CHORD BEARS s 01'55'10' w 21.90 FEET); THENCE CONTINUING ALoNc sND
CENTERLINE s 10o44'00' E 127.50' FEEI; THENCE CONTINUING ALoNc SAID
CENTERLINE ALONG THE ARC OF A CURVE To THE RIGHT HAVING A RADIUS
OF 25.00 FEET AND A CENTRAL ANGLE OF 71O09'OO" A DISTANCE OF 31.05
FEET(CHORD BEARS s 24"50'30' w 29.09 FEET); THENCE CONTINUING ALONG
SAID CENTERLINE S 60"25'00' W 83.15 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A CI'RVE TO THE LEFT HAVING A RADIUS OF
25.00 FEET AND A CENTRAL ANGLE OF 68"29'58" A DISTANCE OF 29.89 FEET
(CHORD BEARS S 26" 10'01 ' W 28.1a FEET); THENCE CONTINIIING ALONG SAID
CENTERLINE S O8OO4'58' E 10.67 FEET TO A POINT ON THE SOUTHERLY LINE OF
LOT 24 OF SAID SECTION 1, THE TERMINUS; WHENCE THE SOUTITWEST CORNER
OF SAID SECTION 1 BEARS S 50"30'32" W 1335,39 FEET.
TOGETHER WITH A LIMITED ACCESS EASEMENT THROUGH TROUT BEING A
4O.OO FOOT WIDE STRIP OF LAND SITUATED IN LOT 26 AND 27, SECTION 1,
TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND LYING
2O.OO FEET TO EACH SIDE OF THE FOLLOWING DESCRTBED CENTERLINE:
COMMENCING AT THE SOUTIIWEST CORNER OF SAID SECTION 1, A BLM BRASS
cAP IN PL,ACE; THENCE N 50'30'32' E t33s.39 FEET To A poINT oN THE
NORTHERLY LINE OF SAID LOT 26, SAID POINT ALSO BEING ON SAID
CENTERLINE, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHERLY LINE S 08"04'58' W ALONG SAID CENTERLINE 38.58 FEET; THENCE. CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO TTIE
RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 79"39'45",
A DISTANCE oF 34.76 FEET(CHORD BEARS s 31'44'55" w 32.03 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE s 71 "34'47u w 1t .95 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 5O.OO FEET AND A CENTRAL ANGLE OF 21 O4'I'02",
A DISTANCE oF 19.01 FEET(CHORD BEARS S 82o28'18" w 18.90 FEET); THENQE
CONTINUING AL0NG SAID CENTERLINE N Bto44'27" w 16.83 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 95'09'44", A
DISTANCE oF 41.52 FEET (cHoRD BEARS s 50"40'40'w 36.91 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE s 01.01 '23" w 29.68 FEET; THENCE
PAGE NO, 11
rLlilr ililt ililr lil Lil[ illl il[] lll llllll lll llll
569200 O9/ll/2OOO O5z18P 81246 P869 l'l RLSDORF
1E of 75 R 375.OO D 0.00 GRRFIELD C0UNTY C0
ROSE RANCH P.U.D. PROPERTY DESCRIPTION
t
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CIJRVE TO THE
RIGHT HAVING A RADIUS OF 5O.OO FEET AND A CENTRAL ANGLE OF 3IO4O'51"
A DISTANCE OF 27.65 FEET(CHORD BEARS S 16'51'49' W 27.30 FEET): THENCE
CONTINLING ALONG SAID CENTERLINE S 32"42' 14' W 88.36 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CIIRVE TO THE
LEFT HAVING A RADIUS OF 5O.OO FEET AND A CENTRAL ANGLE OF 26'01'54U, A
DISTANCE OF 22.72 FEET (CHORD BEARS S 19"41'17' w 22.52 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE S 06o40'20' W 19.05 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 60O30'09'; A
DISTANCE OF 26.40 FEET (CHORD BEARS 523"34'M" 825.19 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE S 53"49'49'E 8.59 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE
RIGI{T HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 28O56'52",
A DISTANCE OF 12.63 FEET(CHORD BEARS S 39"21'22" E 12.50 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE S 24"52'56. E 10.28 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CIJRVE TO THE
RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 42"02'11",
A DISTANCE OF 18.34 FEET(CHORD BEARS S 03"51'51" E 17.93 FEET); THENCE
CONTINIIING ALONG SAID CENTERLINE S 17o09'15' W 46.43 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE.TO TIIE
RTGHT HAVING A RADIUS OF 1OO.OO FEET AND A CENTRAL ANGLE OF 10O32'50',
A DISTANCE OF 18.41 FEET(CHORD BEARS 522"25'40' W 18.38 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE S 27"42'05' W 49.78 FEET; THENCE
CONTINUING ALONG SAID CENTERUNE ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 5O.OO FEET AND A CENTRAL ANGLE OF 46"09'03" A
DISTANCE OF 40.27 FEET (CHORD BEARS S 04o37'33' W 39.19 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE S 18"26'59' 89.34 FEET; TIIENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CI]RVE TO THE
RIGHT HAVING A RADruS OF 5O.OO FEET AND A CEN';IGL ANGLE OF 41O51'43N,
A DISTANCE OF 36.53 FEET(CHORD BEARS S 02o28'53' W 35.72 FEET); THENCE
CONTINUING ALONG SAID :ENTERLINE S 23"24'44" W 52.26 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 5O.OO FEET AND A CENTRAL ANGLE OF 39O55'48*, A
DISTANCE OF 34.85 FEET (CHORD BEARS S 03'26'50'W 34.14 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE S 16'31'04' E 8.35 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CI'RVE TO THE
RIGHT HAVING A RADIUS OF 5O.OO FEET AND A CENTRAL ANGLE OF 48O53'14"
illlilr ilil llllll illll lillll ilil llllll lll lllllllllllll
:tT?',#(',i+3?23 3'; i 3E 31fr Pi.l8',8oln?f '33"
PAGE NO. 12
ROSE RANCH P.U.D. PROPERTY DESCRIPTION
A DISTANCE OF 42.66 FEET (CHORD ndens S 07"55'33', W 41.38 FEET); THENCE
CoNTINUING ALoNG SAID CENTERLINE s 32"22,11, w 27.64 FEET; THENCE
CONTINIJING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 5O.OO FEET AND A CENTRAL ANGLE OF 26"24'43", A
DISTANCE OF 23.05 FEET (CHORD BEARS S 19o09'49' W 22.85 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE S 05"57'27'W 107.09 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF IOO.OO FEET AND A CENTRAL ANGLE OF O5'3I'35N, A
DISTANCE OF 9.65 FEET (CHORD BEARS S 03"11'40" W 9.64 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE S 00"25'52" W 48.93 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE
zuGHT HAVING A RADIUS OF IOO.OO FEET AND A CENTRAL ANGLE OF 09"55'OO"
A DISTAiYCE OF L7 .31FEET(CHORD BEARS S 05 o23'22" \y L7 .29 FEET) TO A POINT
ON THE SOUTHERLY LINE OF LOT 26 OF SAID SECTION 1, THE TERMINUS;
WHENCE THE SOUTHWEST CORNER OF SAID SECTION 1 BEARS N 88"08'24'W
801.05 FEET.
LFJUI
l,[[
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zo-.i-zs n s75.OO O O.Og GRRFIELD CoUNTY C0
EXHIBTT B
RESOLUTION 98.80
D e,-elo p me nt A g'e e nrent
Rose Rdnch PUD
Page 5
illllt lllil llill lllll lllll llll llmililill! !l lll
569200 O9/lt/zOOO 05zlE? 81206 PE72 n RLSDORF
2t ot ?5 R 375.OO O O.00 GRRFIELD COUNTY C0
9-8-9s
STATE OF COLORqDO
Counqr of Garfield
At a regular meFng of the Bcard of County Commissioners lor Crarf;etd County, Colorado,
held in the Commissioners' lv(eeting Roorq Garfield County Counhouse, in Glenwcod Springs on
N{o,nday and Tuesda:r, the Zgaand 21"- days of .lu[ A.D. l9 98 . there rvere present:
Marian Smith Commissioner Chairman
ComrnissionerLarrv McCown
lohn Manin . Commissioner
Don Deford , County Attorney
N{ildred Alsdorf
)
)ss
)
Edward Green
Clerk of the Board
County Administrator
rvhen the follorving proceedings, among others were had and done, to-wit:
RESOLIITIONNO.' oR-ao
A RESOLT]TION CONCERNED WITH THE APPROVAL OF A PLfu\}IED I.IMT
DE\TELOPMENT (P{JD) APPLICATTON FOR THE ROSE RANCE pIrD.
WHEREAS, theBoard of County Commissioners of &rfield County, Colorado, has received
application from the Radng Fork lrwestments L L. C. for a PW to allow.for approval of a Planned
Unit Development; and
Y/I{ERS.LS, Cradeld CountyPlanning Commission held a public hearing on WednesdaylhE2f oflvtay, 19S and continued said hearing to Monday the 1" of ]une, 199E, upon the question of
rvhether the above described PID should be granted or denied, at rvhich hearing the public and
interested persons were given the opportunity to express their opinions concerning the approval of
said P[/D; and
\YIIEREAS, the Boaid heid a public hearing on M@, l99E and
continued said hearing to Tuesday the 21' day o[July, 1999, upon the question Qf whether the above
described P(D should be ganted or denied, at rvhich hearing the public aod interested persons were
given the opporlunity to express their opinions regarding the issuance of said PUD; and
u141
{
,/
Page I of t5
ill t;il lliir lliiit llii rlll;l ii, l.il:lI i:i ll,rl irl, ill
-c:3 C-q,'a9,'ISSB Ci:3Sp 3:egt FgSi ; ;!-SJCRSf 2= R e.C0 0 0.CC G;ia::LO C3Uii;y C-.
\\TIERE.{S. the Boa.rd on tl.ie basis ot-
atbren:entioned hea"'ine, has made the followrng
subsi:rntill cor:lceten( eridence produced at (re
deternlinriion oIt3ci 3s lisieC belorv.
NU-NP_oSErrO:
-,o-o-e!=.s=
GI PIdi-
oorooa:
soE!ll-6;-I.- rrIoo:(9!r
ooEDt-,Nrr'rto-E:=
c' ar-C)Ic3r
3eAE
8E=c,-tar
l ' Thal proper publicaiion and public notice ,,r'as providei as requii'ed by law for the
hearing before tne Bcard of county comnission:r-s.
2. That the hearing befure the Board o[ Counrv Conunissioners rvas ertensive u:d
complete, that all peninent facis, matter, *d issues were submined and that all
interested panies were heard at thct hegrine.
Tirat the application is in complience with the Garfiel,J County ZorungResolution of
I978, as amendeC
For the above stated and other reasons, the prcposed use, upon compliance rvith all
conditions of approval, will be in the besi inieresr of rhe-heal*r, i"f.t , morals,
convenience, order, prosoeriry and wplfare of the citizens of Garfield county.
and; \WIERE.AS the Board has made the following determination of findings as listed below.
J.
4.
I.
3.
with the Planning Department of Garfield
the Planning Commission on 6 April 1998.
2' The Garfield County Planning Commission reviewed the Application urd
recommended approval of the'Application under cerrain conditions on I June 199S.
The Applicant's application .was filed
County on 3 lvlarch 1998, aad referred to
a.that-the property owners adjacent to the properry that is the subject of this
Application received notification of the dati, tirne,-and location of the above-
.referenced public hearing by certified mail, sent at least fifteen (15) days prior
to the comrnencement of the hearing;
that notification of the public hearing wzu published in a newspaper ofgeneral
circulation at least thirry (30) days p-rior to the cornmencement of the hearing;
that the substance of the mailed and published notification substantially
informed. interested parties of the subject matter and the location of the
requested modification ro the existing =toing;
The Board of County Commissioners established a date for public hearing on the
Application for the PUD and the vesting of the development rights per gz+-tg- t 0s,c.R.sr as amended, which commenced on 20 July 199g .i z,jo p.m. and rvas
4:
thereafter properly continued to 2l J,uly 1998 at 8:00 o'clock a.m.
|:1zuant to evidence produced at the public hearing on this Application, the Board
nnos:
b.
c.
Page 2 of 15
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d.rhat the Bo;rrd of county Commissioners has junsciction ro concucr rhe
public hecrinq on the Appticarion and render a decision thereon; and
e. that the requested PLrD does not affect in a substantia.ll,r- adverse manner
either the eijoyment of IanC abutting upon or across a srreer hom rhe PLID,
or the pubtic interest, and is not granriC iolely to confer a speciei benefir upon
anr/ person.
I
The heering betbre the Board of Counry Comrnissicners lvas extensive anC ccriplere;
all peninent fac6, matters, and issues rl,ere subrnitteC; and all interested parries weie
heard at'the hearing.
The PUD, as condidoneC herein and in accordance *ith ,s4.g4 of the Garfield Counr.v
Zoning Resolution of 1978, as amende( and $24-67-10-r(l), c.R.s., as arnended, will
be in general conformiry with the carfield County comprehensive plan.
F.[s.rant to $4.07.01 of the Garfield CountyZoning Resolution of 1978, as amenCeC,
the Board.of Counry Commissioners herein nna that, subject to strict compliurce wirh
the conditions set forth herein, the PUD will meet the siandards and requirements of
$4.00, et scq. of that Zoning Resolution
The overail density of the development, under the terms and the conditions set fonh
herein and pursuanr to the provisions of $a.07.06 of the Garfield county zonng
Resolution of 1978, as arnended, will be no grbater than an average density of o.sa
dwelling units per aCre.
Subjea to the conditions set forth below, all uses by right, conditional uses, minimum
lot are:s, minimum lot coverage, minimum set-backs, madmum height oibrildiogr,and all other use and occupancy restrictions applicable to this P-UD are here-by
approved by the Board. of County Comrnissioo.rr .r set forth in the ztlni text
attached hereto and incorporated herein as Exhibit A.
The PUD, subject to the conditions set forth herei4 rvill be designed with the
coruideration of the naMal environment ofthe site and the surrounaing-area anJ wilI
notunreasonably d6stroy or displace wildlife, natural vegetation, o, iniqr. featuresof the site.
Subject to the provisions of $a.08.06 of the Garfield Counry Zoning Resolution of
1918, as amended, the Board of counry comm.issioners 6nd that nJ poftion of the
PUD conditionally approved herein m^y b. o..upied until appropriate final plats have
been approved by this Board.
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NO\\" TIf;,R.EFORE, BE IT RESOL\ED
olCarield Counqr, Colorrco, thar the Rosc Rlnch ptiD is
rviih all cf rhe tbllowing specific condirions:
[:'; (hr' Bcar,:l ci Ccur:tv Conrntissicners
hereb.,- approvetl subject to comaliu:ce
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A..{.11 representations made b1' the Applicant ar rhe public Hcenng and in the Application sha!!
be considered conditiors cf approval, unless speciEei othennsi by rhe Board including, bur
nor limited ro, the following items lister,j belorv.
l. The applica:t shaC make three (3) Iocations on the nofth end of the lVest Bank Golf
Course available for public access ibr f;shine rvhiie w'oi'kjne ,,vith the Division of
WilCiife on siting these locations. At the tinn'e of prelimin{ plan subrnissiorq the
applicant slra.U propose the tlree (3) locarions.
2, The appticant shall restore the building locared on rhe propeny rvhich is believed to
have been built in the 1800's, and shal'i relocate ttris UuitAing wirhin thi site. Ar the
time of preliminary plan submissiorq the applicant shall propor. a rnethod for
restorarioo of the structure.
3. The permit applicant shall donate 5750.00 per housing unit to the Roaring Fork
Traruit Agency at the tirne of building permit. The tcral contribution shall arnount to
S219,000.00 and shatl be used for the ionsruaion of uhe park and ride faciliry located
at the CMC intersection. The applicant shall propose a merhod of'enforcement as
4. The applicant shall present the mitigation techniques to be used to control the debrisflow channel to the Board of -ounty Comrnissioners at the preliminary plan
submission.
5. The applicant.shall straighten out the curved road alon,e County Road 109 berween
HardwickBridge and West Bank subdivision. The applicant shall fund the cost of the
improvement with the amount credited toward the ttri road impact fee applied to this
project. The appticant shail sdbmit a design which illustrates ih. cr*. iiraightening
rvithin the preliminary plan subminal. '
The golf course operations shall have an aEordable play component for Garfield
counry residents and a discounted green fee. The .ppli.*t shali propose a methodof establshing the operations as pirt of the preriminaqv pran subminal.
The applicant, or zubsequent golf course olvner, shall maintain and clean the concrete
structures protecting the golf path rvith each debris flo,,v event. Such language shall
be wrinen into the Homeorvners fusociation. The aoplicant will propose a irethodof enforcement as part of the prelirninary plaa subminal.
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The applicant shaiI restrict the consrnrcrion oIbrscments to rhosc siies whe:'e
consulling -qeotechnical en-qinetrs determine baselnents will be sat'e to locete.
The applicant shall proride the Colorado Stete Geclcgist rvirh acceptable designs to
control the debris florv on the site and shall obrain the Srate Geologist's .pproi.l ar
the time of preliminary plan submission.
The' applicant shall commit to no clommercial activities outside of those associated
with the golf course and the day caie facilit;- proposeC.
The applicant shall submit the preliminary plan at one time and not in phases.
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The applicant shall provide a laudrl source of warer at the submission of the
preiiminary plan to ensure that adequare EeR.s are committed to this project.
The applicant shall p^rovide a 6nal plat form of the srrucilre of securiry for waste
water at zubmission of the preliminary plan to ensure the physical construction of the
plant.
ue footage of 25,000
for all of the comrnercial buildings on the site.
The applicant sirall install a vegetative icreen to block the effects ofincreased tra.Ec
through the development of a screening plan for the Richard Weinber-e property as a
part of the preliminary plan subminal.:
All representations T1d! by the Applicant in relationship to the *'ildLife plan including the
following items listed below.
t.119 lppti.ant shall create a miti-sation plan which describes conformance with the
Division ofWildlife's conditions, as part-of the pretiminary plan submittal" including
the following:
B.
place within the protective covenants, as a condition of approval, the
placement of educational sigrs at the primary overlook regarding gttoen eagte
nesting and the closure of rhe ridge iouth ortn. eagle'ihest irom l5 March
through i July with fines imposed on those found ii violation;
p.lacervithin the protective covenants the closure of the upper golf course urd
ridge to human activiry, excluding maintenance, from t Decemier through 3l
iVlarch with a gate and a sign *d 6n.r imposec for any violation there6f;
Page 5 of 15
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e' creste a vegeiadve screen plan approved by the Dov,', and plant vegetadon
along the e3si boundary of proposed Lots I og tkough l r g; 70 through g0,
and 75 tiuough 77;
install habitct imorovcmcnr mcf,sures on rhc uppcr bcnch \\.esi oIcR l0g,
uncenakethedev'elopmenr oia siie pta.r wirh rhe Do\\', anc pro."ice tbr rhe
malntenance and rhe proteciion frorn disturbrnce oI the narive veqet]rion
outside oI rhe golf course
fcr-hid the coruiruction of rhe u'ater re.nk and the line rvest of cR 109 from I 5
lvtarch tlrough I Jul;- due to golden eagle nesting activities;
forbid the removal of rrees alon_s the river and the rverland areas except for
exotic and invading species;
create an ecucational brochure for distribution to all homeorvners on how to
five with wildlife;
provide a S0-foot setback from the werlands to the home-site;.
r,"intry the I l0 foot buffer betwen Rose Ranch and reller springs in native
vegetatioq urd installvegetative screening .lqng all.of thoseiot boundaries;
qrovidg a public fishing qrsement along the west Bank lroperry downstream
forbid the construction of the primary overlook from l5 March throu-eh l
July;
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plant vegetative screening along the
through .i 18 to screen homesiteiand
place vegetative screening before any coostruction activiry;
forbid the construction of homes from 15 February tkough 3r May onproposedLots 94 through 96 and l0g througlr I lg;
P,tbjo
hTal l1riry in the riparian and wetrands areas berorv proposed Lots94 tt,ough I 18 and across from the rookery from 15 February ihrough t5July by the use of fencing and signage as we[ as fines imptsed foi uryviolation thereof;
east boundary of proposed Lots 108
backyard activity from the rookery;'
Page 6 of 15
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p irutall an anriciai ncsiing ciartbr:rr on rhe ersr side oithe river b,;
and
-) q.prohibit the construcrion of second story decks and/or balconies facing the
rookery lor proposed Lors 108 through I Ig unJess a screening plan ru61..t
to approval by the Division of Wildlitt is submirted.
All representatioru made b1r the Appticant con[ernine the Carbon4ale & Rura] Fire protection
Dislrict including rhe follorving items listed $elorv.
I ' Ltformation to be submitted lvith the preliminary plan including the fouorring:
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a.enflrre that water supplies from the Rose R.e.nch development are made
available for funrre ercension to thes€ areas for fire protection purposes. Srub
3a lize the lines appropriarely so that they are available for fururL tap-ins for
fire flow;
require a minimum flow of 1,500 gallons per rninute (gpm);b.
d.
c' prgvide impact fees adopted by the Carbondale & Rural Fke Protection
District which are due prior to recording of a fioarprat;
(30%) percent.
D.
complete plurs in accordance with the uniform Fire code CLIFC) AppendlxIII-A: Fire Requirements for Buildings; and '
,
locate fire hydrants in accordancg with the uFC Appendlx III-B: Fire Hydrant
Locations and Spacing
en it.t, indicated in the staffreport including the following items listed betow.
l ' The applicurl shall submit a preliminary plan that adheres to all recommendations
contained within the reports of their consuiting geotechnical engineers including butnot lirnited to, the foUo*ing:
a. estabtish a minimum setback &om sinkhores of twenty (20,) feet;.and
protect against aosion through revegetation and rock rip-rap. Furthermore,grading shall not be proposed or inducted on sropes si.t., ih* iht .y
b.
Page 7 of 15
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Lccate pcnds Lq thc L'cr oileast -r.cicgic innpacl arC line tlie pcrr:,.Js rvirh a;r ilrcusri':r,l
grace liner h accordslce rvirh the geoiechnicrl recoaimenciriions wirh rhe excepiionof those ponds rvhich are existini. The apolicurr shalt submit designs oIponds in
areas cf least geological impacr aipreliminary pran submission.
Rebuild the road or provide the Enances to Co such should imgateC golf course hoies
I I and 12 L'amediateiy above Counrv Road 109 result in a continuarion of road
da'rn'age' The preliminary ptan shall provide the method by rvhich rhe owners of thegolf course r''ill secure performance of rhis obri-eatioa.
Forany propeny ultimately approved at final plat, the developer and his ccnsultants
shall Lrdemnify the coun[v from any craims by a homeowner, or tirird pany, associarcd
rvith the following:
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honres which *ill be subject to breaks in their foundations Cue to collapsible
under$ing geology and highly permeable soils and the effects of irrigating the
-qolf course holes and the lawns;
liners which may break when a pond is at ir's full water capaciqv if diFerential
settlement of several inches occurs beneath them;
t.r..t: hydrocompactive soil properties which are probrematic for roadways
and slab on grade;iavements;
potential ground subsidence'in the majority of the alluvial fans *'here
development is proposed resulting in grolnd zubsidence, sinkholes, ground
fissuring and piping soil dissolution; ana
e' potential ground settlement 'and subsidence in the .residential areas
surrounding the proposed ponds within the alluvial fan areas due to severe'wetting of these hydrocompacivl soils by the ponds.
Al F: time of prel'imina!.Rlu subminal,. the developer shall provide the method bywhich indemnification will be financially secured.
Provide nl.at rytes regarding the need for specialized engineered foundations on areas
composed of hydrocompactive soils at the time of preiiminary plan subminal.
7. Provide'detailed plans on the mitigation of the coilapsible soils for
foundations,
.road constructior\ and utiliry construction proposed atpreliminary plan submitral.
b.
c.
d.
5.
6.
all building
the tirne of
Page I of 15
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Provice Cel:ile'i olcns on thc proposcd founcrrion si:ciii:riion Cesi_rns oI rhc
proposed pu.nils at the time oIprelirninaqv ptan submicia].
iv(ake use of nati',,'e veaetation rvhich requires less rvater ccnsumprion by requiring the
planting of native gtasses on all hinvays and lerv;s on the sire. The plan shall abide
by the recomrnendations oI the consulirnt's goli ccurse menage:Trenr repon at the
time of preliminaly plan subnrittal.
IEnsure that an adequate physical, potable water supp[;- wiil be aveilable to alluniis
at the tirne oirhe preliminar.v- plan submittal.
Secure a firm commitment of adequate sewase trestrnent, as rvell as an agreed method
of financial securiry, from the Roaring Fork Water and Sanitation Distria ttrough
conrnined number of taps for rhe projecr to be guaranteed at preliminar,v plan.
Provide cash in-lieu-of the calculated dedicated land, to be paid at the time of final
plat approval, to compensate for the Lqcrease in school children -eenerated from this
proposed development. The cash amount shallbe ser ar the time of final plat.
Establish a minimum setback for buildings lots at one hundred feet.(lOO) from the
river bank at the tinre of the pretiminary ilur submittal.
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Establish a lYildlifeA'egetative easemenUbuft'er alon.e the
preliminary plans for staffreview.
Ensure that the trail is'a continuous link; and bonstruct the trair
Glenrvood Spring's Rivertrails specifications at the time of.the
zubmittal.
Develop a program for monitcring surface water qualiqv; and restrict the use of
pesticides and fenilizers at the time of the preliminary plan submittal.
Create a six (6) acre conservation easement along the nverfront of the projea to
protect the Crreat Blue Heron rookery upon submission of the preliminary plan.
Eliminate the potential for river contarnination through runoft'from the golf course
and zupport water qrraliqr monitoring efforts and monitoring of the riparian health as
a part of the preliminary plan submiital.
Provide a preliminary plan for ten percent (1096) of the total housing units proposed
as anainable housing units to be located on the project site. The .ppli.*t sirall-work
with the Carbondale A-ffordable Housing Corporation, the Gar6eid County Housing
Authority, the Housing for Tomonow Commission, and the Glenlvood Board of
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along CR 109 to
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Page 9 of 15
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Rerliors' The housinu shalt bc cre:lted ro Accornnru\Crre inCil-idurls rvho errn ,,lirlrin
30o'6 oIthe meCian income in this vrJle:r wiiil no nlore than lij rd oithcir incoii-.c
spent on tota.l housine costs.
Provide plans and a ccnstruction scheCule ai rhe tirne ot'preliminary plan submission
re garding the io llo,,vine:
a.
c.
d.
corLstruc a controlled intersection upon aporoval of rhe first final plat unlessthe Colo.rado Depanmenr oi Transoonation (CDOT) requirei a -cradeseparaled intersecion. In rvhich .ur., ,h. ap.olicant shall contribute its hir
share of the totalcost to construc a -rade separateci access at the intersection
of SR 82 rvith CR l5a;
i*uil si-enalizauon in addition to acceudecel lanes to upgrade Highway gz toLevel c at the time of approvar of the 6rst final plat ana consistent wirh
approval from CDOT;
obtain a clari5cation from cDoT regardhg the Access permit which reservesthe right to stop left-hand turis on-to Highrvay gz to indicate the
crrcumstances under which this could happen; urd
utilize the existing civlC turnoffintersection for left-hand rurns to serve thisproject. unless a signalized intersection is approved by cDor at thislocatioq left-hand tums shan be erirninated for safery ,..ronr.
Provide payment of the applicable road impact fbe at the.tirne of final plat approval.
Consruct improvemeats to CR 109 between Hardwick Bridge and the first entranceto the zubdivision at fust final plat. Provide the plan desigrs at-the time bf preliminaryplan submission. The applicant shatl fund the
"ost of the improvement with theamount credited toward ihe road impact fee appried to this project.
The applicurt w.ill be allowed to use a maximum building height of up to thirty-five(35) feet !ase( upon the application of prelimirury plans, iurri.i will be evaluated for '
potential impaas rezulting tom an intrease in builaiirg height on the site specificlocations.'
Save and repair Building #8 at the time of the fust final plat. Evaluate the potential
to-save and repair the cold storage cellar as a part of this proposed pUD at the timeof preliminary plan submittal. t ---- r- -r
F-TY: tlft the { nattr proposed rvithin the drainage chanr:el of the canyon will norincrease the rate of runoEand debris flolv and that iiitigation structures are installedto manage these factors at the time of pretinrinary pran-submission.
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Page 10 of 15
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Provide a design oI rhe can,/on golican paih ,.vhich,
flow model rvithin the can!,on area, rvill be satb tbr
located dorvn eradient ar the time of prelininary.plan
2i ' Require xeroscape landscaping messures fcr all prcposed hornes located on rhe
unirri-eated aUuvial fan and'collapsible soils rvithin the developmcnt as pan o[ rhe
covenants at the time of prelirninary !lan submission.
I28' identiir a plur for a tiact of land resenv'ec for conmunjqr gardens at a size sufficientfor each unit to rnanage a plot for home use ar the submission oia prelinrinary plan.
E' Ail recommendatiors of condirions of compliance as contained within the lener from Wriehtwarer Engineers dated 2l lvray l99g as itemized berow.
!:!d' a preliminary plan that buries the srorage tanlg shorvn rvest of Counry Road
109 on the south end of the property alon*e an existing access road, to minimizi visualimpaas. Conduct a geotechniiat inafysls of the sif,.
Provide fire flow reguirements from 1,500 to 2,000 gprn for rwo hours (1g,000 to
240,000 gallons) and increase the storage tanli requirJments accordingJy.t ti,. tirn.of preliminary plan submission. Tank iverflow rirutt b" piped across-Counry Road
109 to a suitable location to avoid erosion and wening oihydrocompactive ioils.
obtain the final couft decree or a state'lpproved substirute water supply plan before
approval of the prelirninary plan.
P.lold.t3 preliminary gectechnical plan which addresses the minor debris flows on the
alluvial fans in areas not historically irrigated. .AIso, provide preliminary plans whichconsider the eft'ect.of water on th. ioits ana the
-subsurface
conditiors. provide
additional geotechnical analysis of the smaller depression *.* u",l-ior. a.t"il;; ;.specific studies are conducted.. 5 ------
Submit an Individual 404 Permit, including an alternatives analysis ar the rirne ofpreliminary plan submission if such permit ii needed for any work proposed for thisproject. -- --' --J "
Provide a copy of a formal agreement, at the submission of the
benveen the development and other ditch users (i.e., Westbaruk) onbe operated and maintained in the future.
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15.
16.
Provide a preiiiilna-ry pt:rn design rvhich renrovcs rhc use oIthe Robenson Dirch to
collect some of the storm wate!'uphill ot'the dirch on rhc drrinage plan on Sheers 2
and 3 of the Sketch Drrrvings. Thi preliminary phn sha.ll shorv. J.rign rvith a buftbr
zone maintr'ineC along the Robenson Dirch anC wirh surface rveter runoFdirecreC
arvayr from the ditcn itselt.
It:i* a.design at prelir.rinar,v plan for stream baruk restoration oithe Nonheast Dqv
Park Drainage Ditch for debris florv mitiqarion. Tiris restoration shalt be evaluared
in conjunction *irh the debris flow mitigation anarysis
Reevaluate the debns flow mitigation plan, prior to submission of rhe prelinrinary
plan, since it'diEers slig"htly from r*ommindatioru Lr the October 29, Lggi report by
Iiepwofth-Pawla-k.
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Provide a prelirninary plan desi*en to address the crossing of the Nonheast Dry park
Draina*se and Robertson Ditch intersection as to its adJquacy and/or irnprovement
since it appea$ to have been reworkeC several tirnes in ttre past.
Provide a preliminary plan which uses a minimum culvert size of l B inches in diameter
and which shallbe consructed with head walls and pnd sections. The drainage report
recommends the use of culverts sized to accomrnodate 25-yeu storm uralin some
cases, the 1OO-year stonn.
Use lypes of BllPs with consideration of the geotechnical issues discussed hereinupon submission of the preLiminary plan. The Jrainage report recomrnends the useof rapid sand filters and other'infiitriting BlvIPs to treat surface water *nof to*parking lots.
|r;vatyate the precipitation depths used in the drainage report, upon submission of
the.preliminary plan, which .pp.- to be lorv rvhen compared to the NOAA Atlas II,Volume III for Colorado whicir indicates that the zs-year, 24-hour storm has a2.Z-
inch depth and the 1O0-year, 24-hour storm a 2.7-inch depth (verzus a2.0,, and 2.4,.).
Provide a preliminary plan design which shows adequate setback buffers, for alldevelopment on the plan, from rivers, wetlands, and ciiiches (potable water iupply).
Identifi the method of maintenance of all dralnage structures, including the debrisflow struchrg with an appropriate enforcement mechanism at the submission of thepreliminary plan.
Dwelop.a snow storage plar\ including any area that rviU be used for storage of snorvthat has been pioweci and removeo, ti u. submitted at the time oipieii",ilrry pr.".
Page 12 of 15
iill;il lliti llilil ll I
:l l3l: l.Q,'eSl 1SS3,
1.3 ci 25 R 0.ea C
illl,l lii l,ll:llr lii lli:ii il, illi
C.i:l9P e:e3? Fg;.i n F'-S;CSi
C . 2C CiRF i EI-C COUNTY C'
yt: 1!. Best Management Practice (Blrp) listed in the drainage report
including the use of settling ponds or wletland ponds for water quality of oo-
site storm water. Pond desien shar consider the impacts on soils and on slope
stabiliry;
swales for the golf course;
l7 ' Provide an enensive erosion controI prelimin:rqv plr.n, nor only, tbr ccnsiructicn, but
also underdeveloped conditions, and on the seciion oithe gclttcourse locateC on the
wesiern ponion of the site rvhich is on very stcr,p te!-rain.
Provide appropriate signage, at the time of rhe preliminary plan subnrission, to rvarn
of rhe danger at the Nonheast Dry Park Drainage rvhich I iuUjecr ro t]ash flooding.
'A'djust Golf course Hote l0 fairwa/, rvhich is cunently laid out over the Northe,st
Dry Park Drainage, at the time of tie preliminary plan submission.
Include a. drainage.plaq in the preliminary plan subminal, for the
reconfigurin-e of nine holes into sevin holes at the westbanlc Golf courseIt appears tfrat wetland ueas are impacted by the proposal.
The appticant will submit evidence of abiding by the following Best lv{anagement
Practices within the preliminary plan:
18.
19.
20.
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a.
:i, b.
)1
extend BrIIP practices to indiliduar rawns and parks, especially those aress
that are
_in close proximity to water courses. ThL project submittal discusses '
se.vgral BMP practices that stiall be used for the goFcourse which iacludes
ru1m21ng watering, optimizing fertilizer usage, uie of sand firters and grass
c' develop a water qualrty sampling and monitoring plan to identify existing
lvater quality. for surfaci and for groundwater r.silrrces and to ronitor *y
changes during to coostruction and after developme.nt. The subminal
proPoses to improve water quality tkough the use of tire noted BMPs; and
d. develop a maintenance plan for all BMps.
T.he applicant shall inctude the following design recornmendations in the pretiminary
plan golf course design:
direct runoE'away from sensitive areas s-rch as streams, shallow groundrvateq
wetlands, etc. into areas rvhere ponding and infiltration can occur;
include buffers for Robertson Ditch and the Northeast Dry park Drainage
where they transverse the golf course,
a.
b.
Page 13 of 15
.!r. .a:...:..:: la rf c 1 ,! cc.:
!i ci 25 R e.e,l 0 c. c0 c;sF::_t c:uliiY C:
ll!!il ililt ililt ilil lllil fiililm il il]l illilll
569200 O9/ll/2OOO Oit lEP 81206 P8E5 ll RLSD0RF
34 of 75 R 375.00 D 0.00 GRRFIELD C0UNTY C0
d.
c.seiect scrd mi:(iui'cs for turt'a.rci tor nlii,,'c srrss thri arc cornprtrbte;
presen'e and reuse exisring topsoil;
e. consider under drains at tees and at greens fcr storage and for psssive
treetment of coniaminated Ieaihate to protect -srouncwater;
provide acequate setback buffers for all development from strearTls, rivers,
lakes, anci rverlands;
stricly lirnit rhe use of pesticides and f.r,ili..rr, aad use appropriate r)?es for
site conditionlng on a manaqement unit basis;
develop an Integrated Pest lvlanagement plan, including use of Biological
Treatments (i.e., use of pest resistant turf grass, establishing populations of
natual enemies, maintaining balance turf grass ecosystems, and use of
mecburical'seeding, etc.);
develop source controls, spill pre'rention, and spillway emergency plans for
stora-qe and for handling of pesticides, fertilizers, and fuel; and
develop record keeping systems.
o
h.
J.
Final irrigation issues must be addressed for the golf course including efi'ects on
subsurface soils urd stability and water.source for the upper (western) golf course.
AII items recommended by the Planning Commission and listed by the Board of County
Comrnissioners at the public hearing as itemized below.
Provide coveoants that will minimize outdoor lighting and will forbid butdoor tighting
from shining off of the property, but rather Jorur" that outdoor lighting will shine
down and in towards the struchrre, at the time of preliminary ptan suUmilsion. '
Provide c.ovenants, at the time of preliminary.plan submittal, that will institute a limit'of two (2) wood burning firepiaces in th; clubhouse. AII other structures and
residences on the Rose Ranch development are prohibited from having wood burning
fireplaces or stoves.
The develooer shall compensate the. County for retention of an independent
geotechnical engineerto review and to monitor all of the mitigation measures that
\vere proposed in the applicant's submission for both the prelinrin..y pl* and the 6nal
plat.
F.
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c.
q3
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Page 14 of I5
DareC this o rtr Cr:i oi Cs-Lsqhc--\ n lr)'.'.:
G..LRFIELD COTJ}TY BO.-\RD OF
CONL\USSIO}IERS, G.{RFTELD
COU}{TY, COLOR.I.DO
'v? .. .,.. "
. - Upbn motion duly made and secondeC uhe foregoing Resclution was adopted by the followin-e
vote:
COI'!}IISSTONER LARRY L. MCCOWN
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Aye
Aye
Nay
Chairman
STATE OF COLORADO
.County of Garfield )
f, , , County Clerk and ex-officio Clerk of the Board of
Courrtycon,'isonffiUudStateaforesaiddoherebycertifythattheannexed
and foregoing Rgsolution is ruly copied from the Records of the Proceedin! of the Board of County
Commissioners for said Garfdd County, now in my office.
IN WITNESS WHEREOF,I have hereunto set my hand and afExed the seal of said County,
at Gle$ilood Springs, this _ day of A.D. 19
County clerk and ex-officio clerk of the Board of county commissioners
)
)ss
LH U J'.[l,'Ju[,tlI trt
rt
!L lulll^llJLll I l!$tH
I
ii'li-zi-ir-o.so D 0'00 GRRFIELD couNrY c0
Page 15 of 15
ia,.-:ni : lo Illlilr llilt !ilil il] lllilt ililillllillililillt []
569200 09/ ll/2OO0 05 : 18P
35 of 75 R 3?5 .OO D O.OO
81206 P887 il RLSDoRF
GRRFIELD COUNIY CO
?. oF TOT.{I
Land Use Summ ary
SKETCH PL\N
I. RESIDENTL\I
i,zcr Rcs. I
Ri're: Rcs. 2
::.:c0 Sq.Fc ()t!n.)
l!,cc0 Sq.F:. (iltia.)
9,::c 5q.3:. (l,lic.)
Duplcx Lscr
Club lioac:
SUtsTOTN.:
ROADS
)o')tci.ti
.\cRgs
19.80,6
o.n OF TOT.\L
5TJtsTOT,4T:
3. OPEN SP.{CE
26.27
ACRES
4.9!o
% OFTOTA!
Conauniqr Puk/GarCc.r
Golf Cousrc'
Cotasutlinr Ooca
SWTOTAL:
TOT,IL ACKil,GE
GROSS DN\SITY
2.76
?til,:
175.i2
0.7Yo
tt.6%
43.7%
401.66 7t3%
533,t 100.0%
0.54 DU/AC
LL|IIT IUtt! I|IUIJI U I rt lJlt tL[ lI I rHttr,ry I
16 of 2s R 0.0O.0 0.00 GRRFIELD cOUNTy co
illlrt ll it ll,iti llii illlliii liililli lil llrili liill.
=3iSi-: ?,9/29/ lSSd Ci:33P 3:137 Pg73 il nLSScR:tl of 23 R O.ea 0 e.e; cf,RFiEL0 CCUNiY C0
A.Ap plic:rb ilirv
To cary cut ihe purposes and provisions oIthe Garf,eld CounrvZorjng Regulrticns, as
ar:rendei, the Rose Ranch PlanneC Unir De.relLlornenr (PtjD) Zone District is Ci,,iC:C into
the follo',iing zone Cistrict classifrcations:
River Residentirl I Zone District(PA's3&8) ,
I
I
River Residential 2lZone Disiricr
(PA e)
20,000 Square Foot (lv{inimum) Residential Zone Oistrict
(PA's2,4&15)
15,000. Square Foot (N,{inimum) Residentiat Zone District
(PA's l, 5, 10, 12, 13, 16, 17 & lS)
9,000 Square Foot (Minimum) ResiCential Zone District
(PA's 6,7,11, 14 & 2l)
Duplex Residential Z.one District
(PA le)
Club Homes Resideritial Zooe District
(PA 20)
Common Open Spac e ZoneDistrict
Golf Course
' Communiry Park ., Common Open Space (General)
The PUD plan identifies twenty-one (21) distinct planning fueas (pA's) in which
residential development may occur. Totaling 113.91 acres, the residential development
witl be confined to approximately 2 | .4Yo of the site. The remainder of the site is
designated for roadways (a.9%) and Common Open Space (73.7%). Within the Cornmoo .-
Open SpaceZone District, the Golf Course comprises 4.l.gyo,the CommunityPark - \/%
comprises 0.4o/o and the Common Open Space (General) cornprises 31.5% of the total/ dr.I?l
PUD Common Open SpaCe acreage. The land use summary on the PUD and within this
document delineates the overall land use and density proposed for the Rose Ranch PLJD
by Planning .Area.
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@ Zoning Districts
l. Riyer Residcntirl I Zooc District
Iatent:
lvlinimum lor size:
lvfarinurn building heighr:
ivtini murir lot rv-idrh:
lvlinimum lot depth:
lvtinimum primary building setbacks:
Intjitidual lot orvnersh:p .,riih single frniiy cencned
res iJe n ti ai s ii1.:c iur:s
S ingie- fan:i i;r res iden rial uni rs ; non- hab i nb le accesso r;r
buiidings and sirucrures; liome oliices; sales/crarketiag
center; public and privare roais; P;i'ia:e. Ope; Space
Easernents; oDen saace; uriiiqr a.nd i:ainag: essemeas
0.70 acres
35'
175', except for lots rvhicn are nariolver due to addeC Ccpth
175', except for lots rvhjch are more shallorv due to
available deprh bet',veen road, and wetlard/toundary 30,
form ordinary high rvater mar.k
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Front
Rear
Side
Parking:
Other:
40'for l6ts that are a minirnum of 200, deep; 30,for los
less than 200, deep
50'for lots that are a minimum of 200, deep; 25'for lots' less than200,deep
30'for lots 200,minimum width; 25' for lots lcss thur 200,
in width
R minimum of 4 offstreet parking spaces musr be providec for each
primary residential stru*.,'e; this iequirement may be satisfiec by the' garage.and/or driveway. :
Building envelopes shall be established that are generally more restrictive
than those established by standard serbacks. These may be the result of
natural constraints on a lot. Alr building envelopes shall be finalized attime of subdivision.
O RiverResideutial2Zone.District
Individual lot o,.vrership wirh single
eAfiFt€t-o couf1TY
Intent:
iii
:::::: cs.'as.':s:i i.::3!,: ::ls;
i-a o f 2-: R a. Ce C C. C"' Cii:-ii'-l
Pennineci Uses:
lv[ininunr lct siz::
lv(erirnum building hei ghi:
lvtinimum lot rvicith:
Ntinimum lot depth:
lvfinimum prinra.,ry building serbacks:
i3:;: f,r-sccs,=
C:UNiY CC
r:srJcn::rI s:-:c :uirs
S i r. 1: I e - t'un i [ ;; re s ide r t i a I u", i ls ; r:c n - ha b i ilb I e rcc :s s c r;
builCings ar.d st;r.rcLges; horne o iilces; sales/mukctirg
csnter; pu'ctic and privrte roaCs; Pnvaie Open Space
Eesenents; oFex s.co,ce; utiiiqr u,c Creinage essenexs
O.S0 acres
1
1i, I
t'
r g0'
l7.i', exceDt for lots rvhich are rnore shallorvCue to
available depth berween road and wetland/tou-ndaqv 30'
from ordin4qv high rvater mark
Individual lot orvnership with single family detacheC
residential structues
Single-family residential r:nits; non-habitable accessorT
buildings and stnr*rues; home offices; sales/maketing
center; public and privat: :cads; open s.oace; and utiliry and
drainage eesements
.APR 0 2 1990
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'H=Front
. Rear
sid,e
Parking:
Othdr:
Intent:
Permirted Uses:
35' for lots that are a minirnum of 175' deep; 25' for lors
less than 175' in Cepth
50'for los 175' minimum depth;25' for los less than 175'
deep
30'for los 150'
in width
minimum raidth;20'for los less tban I50'
A minimum of 4 offstreet parking spaces must be provided for each
primary residential strructure; this requiremeot may be satisfied by the
garage and/or driveway.
Building envelopes shall be established that are generally more restrictive
than those established by standard setbacks. These may be the result'of
natural constraints on a lot. All building envelopes shall be finalized at
time of subdivision.
20,000 Square Foot Residential ZoneDistrict
GAFFIcL0 CUut.r i'Y
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Nlininum lcl si:::
lv(ar imurn bui lding hei gnt:
iv [inirnum lo t.',vid'Jr :
lv[ir.imum Iot deprh:
lv[!ni nurn primary building
Frcnt
Rear
Side
Side/comer
Parking:
Other:
Intent:
Permined Uses:
Ivfinimum lot size:
lvlinirnum lor rvidth:
lvlinimum lot depth:
lvlarimum building height:
2t'1,t]00 scuse
_15'
S0', mersinsd at front buildine line
I 50'
setbecks:
30' :
20,
l9' o, % herghr of principal builciing, rvhichever is grearer
20,
A minimum of 4 offstreet oarking spaces must be provided for egch
primary residential struccrie; this requirenent may be satisfiec by rhe
garage andor driveway.
Building envelopes may be established'that are rnore restrictive rhan those
established by standarci serbacks. These may be t^he result of natural
constraints on a lot. All building envelopes shall be finalized at time of
subdivision
15,000 Square Foot Zoue District
Individrral, lot' o rlne rshi.D with single family detached
residential structutes
S ing le-family residential units ; non-habitable accessory
buildings and stnrctrrres; home ofiices; saleJmarketin!
center; public and private roads; open space; and utility and
drainage easements
l5,OO0 square feet
80', measured ar front building line
120'
35'.
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GE
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Lrilllr ilril lilil ilil [ilililt ilm il ililt ilt lllt369200 09/tt/2000 03:1Ep 81206 pEg' I,t nLSDORi4l of ?5 R 375.O0 D 0.00 GRRFIELD COUNTY CO
Fror:t
Rear
S iCe
SiCe/ccrner
Parking:
Other:
PermitteC Uses:
Minimurn lot size:
lvlinimum iot wrdth:
Minimum lot depth:
lvfa.ximum building height: 35,
lvlinimum primary building serbacks:
Front
Rear
Side
Side/corner
Individual lot orvnership wirh single family ditached
residential structlxes
S ingle-fami ly res idential units; non-habitable accessory
buildings and stmctnres; home office; sales/marke.ung
c.enter; public and private roads; open space; and utility and
9,000 square feet
75', measr:red at front building line
9o'
l0'
20'
t0'
20'
or % heignt of principdi builcing, rvhichever is grearer
-.
A mininum of 4 ofisireet paxing soaces rnust be prcviced
for each prirnar,v siructtJre; this requirement raay be
satisiied by the gamge andcr driveway.
Building envelopes rnay be esiablisheC that are ritore
resirictive than those established by standard serbacks.
These may be uhe resuir of nar.ral consiraints on a lot. All
building'envelopes shall be finalized ar rime of subciivision.
9,000'Square Foo t Resideotir I ZoneDistricto
Intent:
2s',
20,
10,
i5,
A minimum of 4 offstreet parking s-Daces nust be provided for
each primary strucrure; this requirem€nt may be saiisfied by the
gamge and"/or drive',vav.
0 2 t996
Parking:
vi
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:.
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-ts
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e
SEsuEr(norrr .. o
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-8
r(liElro c{
:.ft.s;Eor orE o.r
-lo
o{
Othe r:
int:nt:
Pe:rilineC Uses:
lvlinimum lot size:
Duplex
Single Family
. Derached
Minimum (double) lot width:
Minimum lot depth: 90,
fuIa'cimum building heighu 35,
Minimum serbacks:
Front
Rear
Sidi/non-adjoining
Siddcomer
Parking:
Other:
lot anci unit orvaership rvirh nvo-family anached
sir.lctures
Bultding enr.elopes r:.r;; be esl:ciisnec L-.ai us more rssf.c:i,;ethr'n those esirbrished by s;endarc serbacks. These nr;i be tre-result of narrrrc'l consirints on a lor. All building enveiurpes shrllt,e finalized ar rime of subCivision.
Duple.r Residentirt Zon. Oisiri.t
indivldual
residenrial
s i n gle -r'anri I y res ide nti ar uni rs ; rwc- fanri l,v residential units :non-habitable accessory buildings and struc,*.r; r,ir.-"'-'office; sdes/markering cenier; time-share or fractiooal
ormership r.rnits; pubtic and private roacis; cpen space; andudliry and drainage easenenrs
8,000 square feet (2 units/double lot)
8,000
--..
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CI
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o
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=HE=EEIO.O:O aSI€
-
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-L-oa=8s=QiIilarrIra_\G:oroIl
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-P
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-E!
o!!Bor
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rt
75', measured at front building line
20'. 15'
l0'
15'
A minirnum of 4 offstreet parking spaces must bc providedfor.elc! primary stnrcrure; rhis ,.[uiremenr may besa:isfied by the garage and/or driviway. .
. '
Building enveropes may be estabrished that are morerestrictive than those established by standard setbacks.These may be the result of narr.'al constraints on. toi. elbuilding envelopes shalr be finalized at rime orrrualririon.
GAFir-idLO Uuul..r, y
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Ar
V-/Club Hoores Residcnti:rl Zooe District
Intent:
Pemrined Uses:
lvlinimunn [ot siz::
r"f axirnum Gross Dens i tv. :
lvlinimum Gross Densiry:
lvf arimum buiiding hei ght:
lvlinirnum lot width:
lvlinimum lot'depth:
InCivicurl lor anC unir orvnership Murr singie family
anached oc dencheC resiCenrial sirucrures
s i ngie'fami I y res idc rria! uri rs ; no n-hac i iab re accesso r;
buildings aqd slrucrures; home ofrices; sateVnarteiins
center; tirne.share or fracrional owlership r.r::,irs; pubiiiand
pri'iare roads; ogen soace; trails; anci uriliry and &aingee
easemeats; comrnuniry gard:ns
5,c00 iquare feer ior cetached units; no minimunr lots sizefor anached unis -- common orvnership oiopen a.reas
----
wit-hin this zone district is permined
6 dwelling units/acre
4.5 dwelling units/acre
35'
45' for detached .nis; no minirnum rot width for attached
units
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Minimurn prirnary building setbacks:
Front
Rear
Side
Side/corner
80'for detached units; no
units
15'from steer or ciriveway
l5'
lot depth for attacheci
0 2 t9s0
0' wi-th l5'minirnum between primary str,ctures, excluding
attached trnitst5' :
Parking: A minimum of 4 off street parking spaces must be provided for eachprimary residential detached .tn,.t*" or 2 off steet parking spaces for. anlched residentiar smrctures; this requirement may be satisfied by thegarage and/or driveway.
Common Open Spa.c e ZoaeDistrict
To provide a hierarchy of privately orvned open
s.oace, both developed and undeveloped.
Intent:
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Intent:
Colf Course
lvlaximum struc rure he i ght:
lvlaximun stnrcNre height (utilities) :
lvlinimum building setbacks :
To Counry Road 109
To any adjacent residential tse
l.
Other:
To provide an occonunit,v for reciextional golf.
--.Recrearional solf course; golf clubhouse faci!irles
including bur not linrireC to oro shop, restaure.nr,
lounge; driving ianse; golf rilateC o.,iui,i.r; goifi shelters; communiqy grienhouse; golf course "
i la11t1nanc s and accessoq/ facil itls ; coriLrn,rni ry
- faciiities; hornec',rieis' associarion iacitities; '' urilities; utiliries access
35', restricted to *eolf course clu.bhouse; other
sirucrures limired to maxirnurn height of 25,
35', restricted to water storage tan-k;
oiher strucrures liraired to ma\imum
height of 25'
_9:l{.o*...a.r.uge will be finalized during
platting; golf corrse may be parcelized /planed foi
Communify park
Intent:
Permined Uses:
ivlacimum strucrure height: 25,
To.provide an oppornrnil, for active recreationalactivities for residens of Rose Ranch.
Active recrlation including but not limited to
l.Tirj swimrning pool; volleyball; daycare
ractllttes; homeoryners, association facilities; tot lot;horseshoes; trails; open space; picnic facilities;utilities
o*ner.ship purposes
Orvnership and maintenance
control of the HOA
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GAli#iiLD COUrvTy
Other:
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Coooroo Op,.,n Splcc (Geoeml)
lntent:
PemrineC Uses:
rVfaxinnum sirdc r,Jre he i ghc (util i ties) :
To proviCe o.cen erers for recrertion, visuel relie:,buffering arC wildlife habirac
Useablc occri s.oace; ljmited open spacs; cor::nunirv
g a.rc e :rs ; c o c^r-n un i ry* g ree nh o us. ; p * t i n
-e ; i ;; i i ;:"'',pecesirian lin-kages; gttf .* po,irr; poncs;
overlooks; Crainage and utility ..r.*.n,r; utiliries;utiliries eccess
35', restricred to rvater storage raak;
other strucrures lirnited to *.ri**i
height of 25'
Orher:it is anticipated that one corTrmuniry water sysi.nsrorage faciliry will be buik in the upper;lt,r;
.
ff :: :."i."H I t:il i,i; # i i n:Hlltu
means of a maintenance access path.
APR 0 2 t99e,
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!t[]tt uII| !illt|lfl]ililt ilil lillll lll illlll lllllll56s200 09/tt/2000 05:1Ep 81205 pssi I,t nt--stibhi'46 of 75 R 3?5.O0 O 0.00 GRRFIELD cOUNTy CO
EXHIBIT C
RESOLUTION 99.067
Dcvelopnrcnt Agrcement
Rose Ranch PUD
Page 6
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I of lt R O.OO 0 0.C0 GRRFiELO ccUNTY CC
STATE OF COLORADO
Count-v of Garfield
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FN.{L 6-7-99 BCC
At a re-qular meeting of the Board of c-ounty comrnissioners for Garfield county, colorado,held in the commissionerJ-lvft"in! noom, Garfierd co*rv courthouse, in Gi.nruood springs onTuesday, uhe fourth day of lvtay A.b. ld;' li.ffi#o'r.l.",,
when the fo[owing proceedings, among others were had and done, to-wit:
RESOLUTIONNo. qq.O67
A RESOLUTION CONCERNED-WITH THE APPROVAL OF A PLANNED Un,TDE\'ELOPIVIENT (PIID) ATVTBTVOTVTENT APP;tErrON FOR THE ROSE RANCHSTIBDTWSION A}ID LAIID NEVCTOP'**-
.
WHEREAS,thl Board olco,nty commissioners of Garfierd co*nty, colorado, has received:fi:[T,][ffH:?f ';#'^3,::#i,;;"i;i'" ',iJr,,, on and tind devetopment ptan to
*HEREAS, tlrc Board of countv commis_sioners, on @, the 20 6 and 2 r ,rdays of Jtrlv A'D' 1998' approved o ptokra urtt D;;i;;;'ent forthe Rose aain subdivision ant!Land Development per Resolution gg-iO; ana
WHEREAS ' Roaring Fork Invest\:nts is requesting an series of amendments to the r?aseRanch planned (Jnit Deverip^rn, irro,tttioni and ;an senes ot amend
WHEREAS' to the enent that the original Prannecr.(Jnit Deveropmeil, tsapproved byffiffi'jfi:fi:fl,:#t modified o.u[Lr.a bv the terms orthis Resorution, the original resotution
Commissioner, Chairman
Commissioner
Comrnissioner
Counry Anorney
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Page I ofl 8
: !a::i iaI of :l R 3 : #';i; :; j r:i;F i:i;' *:ili, j.i !L[f i
lllllll lllll illlil il] lllil ilillililil!ilililillllt36s200 0e/tt/20so o5ztilp 8t206 Fssg n ALEDbilF-4E of 75 R 375.OO D 0.OO GRRFTELD COUNTY CO
1ffiff;H;::fi'.'#;iyij'ffi1*i3;:,i:r n.lg a pubric hcaringon r0 Febnrary,1999 and continued said h.*;; ;
uoruurrs uommrssron held a public hcaring on l0 Fennrary,
aesiribea p6)1^r,ra4rnr should h" **S:_+99, upon the iu.r,rn-of rvhether rhe above;::T:ff,':r:*ffi:::*:+1,:*;;ffi .ffi ;JIitJff .H',1'
PUD Amendmeru; and
Y;;X;',)*'":H#i,.,,o*=*p'*it.li'Ll;,1'.1':::l.:fili;::il:j,;i::il:T'"',:lof said approval or the denial
I
!W{EREAS,. The .Garfi eld Counqvrecommended conditionel approrri to tl.
Planning Commission reviewed the application andBoaqd of County Commission.rr, *J '
WHEREAS' the Board held a'illi:]:*rt g on i-Idav, J-g.-gg, upon the question of wherherthe above described rw e^"i^'r_"ri.,"ua k grril;;eniedJi *r.i.r, t.ing the public andil:i:: i,j ff :::llHili:ilj:lfff , ;,; ilil'ti. i, o p i n i o *,. go,a n g the app rova, o r
WHEREAS' the Board' on the.basis of substantiar comp-etent evidence produced at theaforementioned hearing, h;;;;',i. r.rr"*il;;#;.lion of fact as risted berow.
That proper pubrication and pubric notice was provided, as required by raw, for thehearing before the Planninf ililii.on and the Board'oicounry comrnissioners.
UilJl:,l;ilT before the pranning comrnission and the Board of co,ntyi,,,;;;;;;;;ffi .j;:ffi
fii,;:#,f;,,*,."itt5ltl1ii,;}"],;:T#r_.
}il.S,BT: : 3"#,it annin g c omrni s s i o n rec o mme na, a, o n a i,, *,*, r)) r,,
he recomryreadations setforth in the compr.r,.nrir. n* ;;;;: r.'rincorporar"a .r." of the co,nty.
}?l*:ff:[:T:::.is in compriance with the Garfierd co,,iry zorungResorution
That all dat4 survevS- irrnlvcac .h.J:-- r -.ffil il{fi;$,tf:',1'i:*'iffcontained herein. --- -:vss'srrL
For the above stated 19 o,l.:, ,easons, the proposed use, upon compriance with a,conditions of approvar, wiu u. ," ,r,L'fest interest or tr,Ji"orth, safery, morars,convenience, order, prosperiry, ano rveriar. "i;;;;;r, "rc"merd county.
l.
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3.
4.
5.
6.
7.
Page 2 of g
,rrr!i r-liri lr:rrr rrrr, Ii rrrli Irllli iil llill illi llli:.16e:6 C6,'C8,' lSS-a 03 : .i3P B I 133 Fg i 3 I RLSOORF3 oi :,: R 0.e0 0 0.00 GARFIELO CCUNTY Co
belorv.
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569200 O9llL/zoOO oSrlEP 81206 P900 lt RLSD0RF
49 of 7s R 375.00 O 0.00 GRRFIELD COUNTY C0
And, WHERE.{.S the Board has mcde rhe tbllorving dctermination of findings as listed
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J.
b.
c.
and published notification substantially
subject matter and the location ;i;;
e.
5.
],T"[:H? ^?lT': ]he Board or counry commissironers was eldensive andull
:: T,l,^. ::l 1l
l, p e rt i n e n t r.., r,
-*
o]r.-^, i, a iparties were heard r,,fr. f.,.o"ng.
The Applicant's aopriiation rvas fired Mrh the pranning Department of GarfierdCounry and determ,.l.! ;;.^,f,;.ril,. on the @, and tarere'"'#l*:iffii:::lT* pi*"i"g
The Garfield aouly pranning commission revierved the Apprication andfi:",Tr:i$:ffi:Yffil approiar oiir,. Appricatioi *J., certain conditions on
4.
Iil'.*"'to evidence produced at the pubric hearing on this Apprication, tt. Board
The Board of county comrnissioners esablished a date for the public hearing on thcl,$-firor the ,0;;fi;1ffi, ",i".n ,,* ;;;1i"uJ to ti,. 46 o*vray reee
that the properry oyners adjacent to the properry that is the subject of thisApplication received notin.utioi.r,i.'L;.,,*., *a ilil" of the above-referenced pubric tr.aring bt;;;;il;ail, sent .t r.*i nneen (15) daysprior to the commencement of the hearing;
that notification of the pubric hearins was pubrished in a newspaper of
f;:fit#:"tulation at leasi ur"y p,t;;s prioi to the .o,nrin."ment orthe
that the substance of the mailedinformed interested parties of therequested subdivision;
that the Board of county commissioners has jurisdiction to conduct thepublic hearing on rhe epiri.otion;il;; render a decision thireon; and
that the requesteci p(JD Amendmenr does not affect in a substantiaily adversemanner either the enjoyment oflana;;;rg upon oi*ro* u ro.., from theproperly that is the iubject.iil opp'[.u,ion, or the pubric intereit, and isnot granted solely to confer u ,p..irii.nefit upon any person.
Page 3 of g
rssues were submined; and all interested
i'
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That all representations of the applicant, eirher rvirhjn the application or stated at thepublic hearings.blfore ,rr. Fr."rrng .o,nri*ion'*a tr,. board oi co*.r-commission.n, rhott u-..rr-ia..ld conaitio* or.pproyar, unress stateJothenuis.by the pran,ing co**i*i."';il;. Board of counry commission.
The PUD Amendmenr, as condirigned^herein and in accordance with $4.04 0f theGarnerd cou'tr, Zoryd il;ffi J.::I,.: ;:fi ,,t and 92 4{ 7_ r os1 r 1, c.R. s.,as amended, wilr be in generar.o"+"ity rvith the Garfi-erd counry comprehensivePlan. rrrrry \urn the Garfi(
Pun-runt to g4'07'01 of t'e Garfierd
?:-r:.llq.nesorution of 1978, as amended,the Board of county c"q,,,,"Joi,.",rr.1,.d;",h;;, ilbject to strict compriancewith the condirions s-et fonh rr.r.i", ,r,. pw )i'riir,r wi, meet the stindardsand requirements of $+.00, EI'*,.'of *.t Zoning Resolution.
The overall **'Yille developmenl under the terms and the conditions ser forth
l:"'"',l,il::,-,T#ii*:ilU1tr,T jjf;1:,",H.o*n.raEi*,rio",,*
dwelling units per acre. I oe no Ereater than an average density ofOj
subject to the cond'itions set forth i:,:r1,. uses by .,rgrt, con,Jitionar uses,minimum rot areas, mi"ir*nloi.lr.r"g., minimum slt_backs, marimum heightof buildings, and .1 .,r"r ,.;';;;'..rpancy restrictions appricabre to this puDAmendment * n':!,, "ip;;;;,il {*alra;d;lmmissioners as set forthin the zone teLt anacired i,.r."
"iiiocorporated herein as Figure 1.
The PW Amendmenr crrhio^+ +^ .L -
at':1:1ffi.:1fl::.i!titii,Hi;"iiiffi #:i:ri:J:l.,Tt,Llilff :trnique features
"tHtltLably
destroy or displac. *iliii., naturar vegetarion, or
Subject to the prov',^r.?g;:;;I::H:H.,::rg:,'S"r*$+:TiT;:l::H?i:l,lSI.;ij;,:,i#
itr,fr:,?{#:ffi'JilH:l',i##,"'".';:'#;:fi :;:upiedun,i,upp,opiu,.
Tn"!.:y.O Amendmenr is in conformar
Fffi 5.:Hy";;v,v,,;;"-tililffi:i,i=u:r3:',f f ;:ffi ".3'ii,x,Tf;
g:*;ryffiil_{ff .tr,J::l:,:_!imf#;t#m_*",t[:X
applicable; exisring rand-uses;'il'rr""unding .;, .;J.ther appricabre rocar,state, and federal regulations, ,;;"1;;;r, plans, and policies.
6.
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8.
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13.
Page 4 of g
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5r or zs R 3zs,oo D o.ob oniFieli courrv coNO!V, TICREFORE, Bi IT RESOLT=?,l, the Board of Counry Commissioners of..Tfr j :f : ilil .! I l,T*m*Xfjr*i ? :!TJ ll { ;;, j,l i,.
o, a p p ro ved s u bj e c,, o
I.
A.
B.
ff ;fJt#:; iil:$Tilil: n"' the verbar represen tatio ns or the appr icant as approved
I' The design of the first finar prat sha, conform with the forowing:a' grading shail not.be orooosed or conducted on sropes greater thanthirry (30%) percent'witi tte .*..p-,-i-oi-o.,*,ie gotf cart underpassbetow cR rob, ,r," *.i.i.,ar* rocaiio;: ;il; Iimited *.* oith.gorfcart board u-m, ttr. *ater tank..0"., ,oua, una specified areaswithin the gorf cours.:'i;;r. specified .r"r, ,r,at bc subject to sitespecific geotechnicot .nory.i, i"; c;;;;1.*
b' a minimum setback sha, be estabrished for bu,dings tots at onehundred feet (rooi h"r'trre mean high water mark of the RoarinpFork River foi ", r"rr *iii tt ._ "*..fil ;ffi" .mlowins ,.r.n (ijl:[fJ' 28' 6i,82,1i:';;, as, ."1!i*ii.r,rr,.u have minim*m
,"0,*,;l',T$Jr',.u;nveen seventv (zo) r.eloia ninety (e0) feet as
C. a ma,timum hrril.l;-- ^L-r, r
fee,n1,T:'f iltilii,,ili,y,,jEilli:Tfi ,y{;{,,T.:i1l,'J:,fi:fi; ?l$f[:ll-i ,i.,, r,"* .'L,iii,,"Ji.,rn, restriction oi
The first suuaivil3l.lmprovement Agreement shal provide a pretiminarvplan-for ten percent ttoi"j.i,i,il.,"r
t-oyinsl,urits jroposed as anainabrlnousrng unis to be r.ocated'on ,1. or"i.* site. The housing sha, be createdto acconmodate individ*rr'*i" 5.1, *,n," sogioiril median income inthis va,ev with no rnore rhan rz: ,J or,n.ii-i".;;;#n, on torar housing
Page 5 of g
.c;:c a6,
oi ll R
cer' isss e3 :.i3p B1 t3i-i!ii'n''n'li3,oh:J
o. eo o o. oo cf,RFiELo ccul;l do--'![lul|,ul lu[,llr{lf tI! |It ilt !u [f ilLrJ!,]52 ot zs R 3zs.oo o o.oo Guegielo'couniy-co.-
J.
costs' Price restricted rots do nor conibrm with rrris con(ritio, of cpprovattvhich clevlvsrare.r "rausing ,^ir,: irir,rh are ,,rc be rocatetr on the project'tlle"' The tirst ten (10) aft:ordable iouring units shall u. uuitt on site andduring the first pran phaie. Ten afrordabre housing (r0) units sha, be buirt
1tllulr.quenr phases ,ntil ail thirqy (30) such i-i,r'r. uuit,. ot?-sitemrtrgation or cash-in;rieu may u. u'plriiuffi #;;Jro *,o, wirh acorresponding reduction of ,h. or.roir densiry of the p[JD, shourd theregulations be amended fccordingry'io. affordabre housing. No furtheragreements shall be executpd ,ntit s]ucrr time as the afforda-bre housing unirare construcred as required.
The covenranr *o *.^lli ":,:. sharr require xeriscape randscaping measuresfor all proposed homei rocated on tt. *--ioigated ar;;iur iin *a corapsibre .soils within the developr.n, * pon #in. covenants.
tr.
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At the time of the.f$1.fl1nal prat, the ptJD zone district text shail define"home offices" and sha, i".i,fr.i"..-u.*J.i,,i;;; a permitted usewithin higher densiry ron. airt i.;. '...- vqJvlr r"trrrq sare a:
At the time of the first finar prat, the provision that unused garden prot area::j]9 br landscaped shail be r;;;;;i'""d instead language shail arrow the
Iilr,;T:: of native rawn'seed for these areas consideied io be tempor.,ir),
At the time of the first final prat, the rand.tse brearcdown, incruding 1e161area' number of lots, number oia*.uirrg units, area of non_residentiar floorsPace, dwelling units, off-street nurtini, and density shall be.transferred tothe final plan sheet [SectioncJd]j:-'.u
At the time of each finar prat submission, the site prur shail show theIocation of the appropriate pr"*J"i
"i,r,. "noraJi. r[*i"g r:nits per thenumber of free market *itr .onuinJ *itt in each phase [sections 4.50.Gand 9.201.
Ih:',JtH!"fl',H:;t#ffi:[j;:: 0.." grcnted to the appricant by the
J.
4.
m.
A.
Page 6 of 8