HomeMy WebLinkAbout2.02 Resolution 99-068l�
..1111
'546857 06/08/1999 03:47P 81133 P922 M ALSDORF
1 of 14 R 0.00 D 0.00 GARFIELD COUNTY CO
6-7-99 BCC
STA IE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on
Tuesday, the fourth day of May A.D. 1999there were present:
John Martin , Commissioner, Chairman
Larry McCown , Commissioner
Walt Stowe , Commissioner
Don Deford , County Attorney
Mildred Alsdorf , Clerk of the Board
Edward Orem , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 9 9- 0 6 8
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN
APPLICATION FOR THE ROSE RANCH SUBDIVISION AND LAND DEVELOPMENT.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from the Roaring Fork Investments for a subdivision and land development plan to
allow for approval of a preliminary plan; and
WHEREAS, the Garfield County Planning Commission held a public hearing on 10
February, 1999 and continued said hearing to 17 February, 1999, upon the question of whether the
above described preliminary plan should be granted or denied, at which hearing the public and
interested persons were given the opportunity to express their opinions concerning the approval or
the denial. of said preliminary plan; and
WHEREAS, the Board held a public hearing on 4 May, 1999, upon the question of whether
the above described preliminary plan should be granted or denied, at which hearing the public and
interested persons were given the opportunity to express their opinions regarding the approval or
the denial of said preliminary plan; and
WHEREAS, the Garfield County Planning Commission reviewed the application and
recommended conditional approval to the Board of County Commissioners; and
Page 1 of 12
I.U11!I 1111! it'll 111111 III 111111111111 III I 1111 1111 1111
546857 06/08/1999 03:41
WHEREAS, based on the material submitted by the applicant, the recommendation of the
Planning Commission, and the comments of the Garfield County Planning Department, the Board,
on the basis of substantial competent evidence produced at the aforementioned hearing, has made
the following determination of fact as listed below:
1. That proper publication and public notice was provided, as required by law, for the
hearing before the Planning Commission and the Board of County Commisioners.
below.
2. That the hearing before the Planning Commission and the Board of County
Commissioners was extensive and complete, that all pertinent facts, matters, and
issues were submitted, and that all interested parties were heard at that hearing.
3. That the Garfield County Planning Commission recommended conditional approval
of the Preliminary Plan.
4. That the proposed subdivision of land is in compliance with the recommendations
set forth in the Comprehensive Plan for the unincorporated area of the County.
5. That the application is in compliance with the Garfield County Zoning Resolution
of 1978, as amended.
6. That all data, surveys, analyses, studies, plans, and designs, as required by the State
of Colorado and by Garfield County, have been submitted, reviewed, and found that
said information will meet all sound planning and engineering requirements of the
Garfield County Subdivision Regulations ations u o
� upon full compliance with the conditions
contained herein.
7. For the above stated and other reasons, the proposed use, upon compliance with all
conditions of approval, pp oval, will be in the best interest of the health, safety,
morals, order, prosperity, and welfare of the citizens of GarGarfield
County.
And, WHEREAS the Board has made the following determination of findings as listed
1. The Applicant's application was filed with the Planning Department of Garfield
County and determined to be incomplete on the 24`h of November 1998, and later
accepted as complete on the 23`d of December 1998, and referred to the Planning
Commission on the 14' of December 1998.
2. The Garfield County Planning Commission reviewed the Application and
recommended conditional approval of the Application under certain conditions on
the 17" of February 1999.
Page 2 of 12
446&5-7-4657, 8 999 03 7p 81133 P924 M A ORF
3 of . 11
3. The Board of County Commissioners established a date for the public hearing on the
Application for the 20th of April 1999 and the vesting of the development rights per
§24-68-103, C.R.S., as amended, which commenced on the 4th of May 1999 at 1:30
4. Pursuant to evidence produced at the public hearing on this Application, the Board
finds:
a. that the property owners adjacent to the property that is the subject of this
Application received notification of the date, time, and location of the above -
referenced public hearing by certified mail, sent at least fifteen (15) days
prior to the commencement of the hearing;
b. that notification of the public hearing was published in a newspaper of
general circulation at least thirty (30) days prior to the commencement of the
hearing;
c. that the substance of the mailed and published notification substantially
informed interested parties of the subject matter and the location .of the
requested subdivision;
d. that the Board of County Commissioners has jurisdiction to conduct the
public hearing on the Application and to render a decision thereon; and
e. that the requested preliminary plan does not affect in a substantially adverse
manner either the enjoyment of land abutting upon, or across a street from,
the property that is the subject of this Application, or the public interest, and
is not granted solely to confer a special benefit upon any person.
5. The hearing before the Board of County Commissioners was extensive and
complete; all pertinent facts,'matters, and issues were submitted; and all interested
parties were heard at the hearing.
6. That all representations of the applicant, either within the application or stated at the
public hearings before the Planning Commission and the Board of County
Commissioners, shall be considered conditions of approval, unless stated otherwise
by the Planning Commission and the Board of County Commissioners.
7. The preliminary plan, as conditioned herein and in accordance with §4.00 of the
Subdivision Regulations of Garfield County of 1984, as amended, and §24-67-
105(1), C.R.S., as amended, will be in general conformity with the Garfield County
Comprehensive Plan.
Page 3 of 12
HIII 111111 111111 III IIIII1�11111_1
• 0..�'3 25 M ALSDORF
:47P B1133 P9•
8. Pursuant to §4.00 of the Subdivision Regulations of Garfield County of 1984, as
amended, the Board of County Commissioners herein find that, subject to strict
compliance with the conditions set forth herein, the preliminary plan will meet the
standards and the requirements of §4.00, e1 IQ. of that Regulation.
9. The preliminary plan, subject to the conditions set forth herein, will be designed
with the consideration of the natural environment of the site and the surrounding
area, and will not unreasonably destroy or displace wildlife, natural vegetation, or
unique features of the site.
10. Subject to the provisions of §4.08.06 of the Garfield County Zoning Resolution of
1978, as amended, the Board of County Commissioners find that no portion of the
preliminary plan, as applies to the Rose Ranch PUD, conditionally approved herein
may be occupied until appropriate final plats have been approved by this Board.
11. A Phasing Plan shall ameliorate the impacts upon the housing needs generated by the
project at the time that those impacts would arise [Section 4.50.B].
12. The PUD Amendment is in conformance, or is compatible, with the following:
Garfield County Subdivision Regulations; Garfield County Zoning Resolution;
Garfield County Comprehensive Plan; Garfield County road standards and policies;
Garfield County municipal comprehensive plans and municipal regulations, as
applicable; existing•land uses in the surrounding area; and other applicable local,
state, and federal regulations, resolutions, plans, and policies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Rose Ranch Preliminary Plan, for the following described
unincorporated area of Garfield County, is hereby approved subject to compliance with all of the
following specific conditions as listed below:
Located west of the Roaring Fork River, along the east and the west sides of County
Road 109, approximately 2:5 miles south of the City of Glenwood Springs, and
directly south of the West Bank subdivision. Section 1 and 12, Township 7S, Range
89W.
I. All re.rese
tations mad- by
the A.Dlican
at
the Public Hearin• and in the A. slication shall
be con idere• con tions ofa.•royal s •-cified oth-rwise
not limited to, the following items listed below.
the Boar
inclu. in
ut
A. Information contained within the application including those listed below:
Page 4 of 12
IlII!l I I11 dull 111111 111 11111 111111! 111 11111 1111 1111
54.: :. .: ;
5 0 1133 P926 M ALSDO•F
00 G
At the time of first final plat, the applicant shall make three (3) locations on
the north end of the West Bank Golf Course available for public access for
fishing while working with the Division of Wildlife on siting these locations.
As part of the first final plat, the applicant shall construct the proposed
improvement to CR 109 near River Ranch Drive to the same standards as the
existing roadway with a minimum of four (4") inches of asphalt.
At the time of first final plat, the applicant shall post security for tap fees or
proof of payment of the tap fees for the entire project.
B. All re.r- ention m.d- b he A..li .n in rel.ti,nshi. o th wi1•life .Ian
including the following items listed below:
1. As part of the design and the development of the first final plat, the applicant
shall perform the following:
place educational signs at the primary overlook regarding golden
eagle nesting, and undertake the closure of the ridge south •of the
eagle's nest from 15 March through 1 July with fines imposed on
those found in violation;
b. place within the protective covenants the closure of the upper golf
course and ridge to human activity, excluding maintenance, from I
December through 31 March with a gate and a sign and fines
imposed for any violation thereof;
c. install habitat improvement measures on the upper bench west of CR
109, undertake the development of a site plan with the DOW, and
provide for the maintenance and the protection from disturbance of
the native vegetation outside of the golf course, and change Article
IV #12(d)(ii) page 16 in the covenants and remove any references to
converting the native vegetation to grasses in the 110 foot buffer
between Teller Springs and Rose Ranch;
d. forbid the construction of the water tank and the line west of CR 109
from 15 March through 1 July due to golden eagle nesting activities;
e. plant vegetation along the east boundary of proposed Lots 108
through 118, 70 through 80, and 76 through 77 in accordance with
the vegetative screen plan approved by the DOW;
Page 5 of 12
111111 11111 lillll 111
99 03:47P B1133 P927 M ALSDORF
f. modify the southernmost Roaring Fork River overlook and move the
trail and overlook back to Lot 96, and fence and sign the area during
the heron's critical nesting period;
create an educational brochure for distribution to all homeowners on
how to live with wildlife;
g.
h. ensure a 50 -foot setback from the wetlands to the home -site by
setting flags in the field and provide language in the covenants to
ensure this;
J•
maintain the 110 foot buffer between Rose Ranch and Teller Springs
in native vegetation, ensure such vegetation retention in the
covenants, and install vegetative screening along all of those lot
boundaries;
provide a public fishing easement along the West Bank property
downstream from the bridge;
k. include the language agreed to in the DOW letter of 5-4-98 on page
3 (attached as Figure 1) regarding the hazing of elk and deer from the
golf course in the covenants;
1. include the language contained in Figure 4 page 3 (attached as Figure
2) in the covenants;
m. note that the Division of Wildlife is not liable for damage caused to
landscaping, ornamental plants, or the golf course caused by deer and
elk or other wildlife;
n. note that homeowners and the golf course personnel will be
responsible for the proper disposal of carcass' struck by vehicles;
o. install an artificial nesting platform on the east side of the river by
the rookery to take place during the summer or early fall after the
herons have abandoned the rookery for the year; and
p. prohibit the construction of second story decks and/or balconies
facing the rookery for proposed Lots 108 through 118 unless a
screening plan subject to approval by the Division of Wildlife is
submitted;
Page 6 of 12
:3111rtiii 1111111111111111111111
54 "' '' ' 1133 P928 M ALSDORF
1pf 14 R 0.00 D
C. All representations made by the Applicant concerning the. Carbondale & Rural Fire
Protection District including the following items listed below:
1. As part of the/first final plat, the applicant shall:
a. ensure that water supplies from the Rose Ranch development are
made available for future extension to these areas for fire protection
purposes. Stub and size the lines appropriately so that they are
available for future tap -ins for fire flow; and
b. provide impact fees adopted by the Carbondale & Rural Fire
Protection District which are due prior to recording of a final plat.
D. All items indicated in the resolution of PUD conditional approval including the
following items listed below:
1. At the time of first final plat, the applicant shall provide the following:
a. finances to rebuild CR 109 should irrigated golf course holes 11 and
12 immediately above CR 109 result in a continuation of road
damage. The applicant shall provide the method by which the
owners of the golf course will secure performance of this obligation.
b. the method by which indemnification will be financially secured.
c. cash in -lieu -of the calculated dedicated land, to be paid at the time of
final plat approval, to compensate for the increase in school children
generated from this proposed development.
d. payment of the applicable road impact fee at the time of, final plat
approval less the amount credited towards improvements which the
developer makes to: CR 109.
2. The design of the first final plat shall conform with the following:
a. grading shall not be proposed or conducted on slopes greater than
thirty (30%) percent with the exception of the golf cart underpass
below CR 109, the water tank location, and limited areas of the golf
• cart board walk. These specified areas shall be subject to site
specific geotechnical analysis for County review.
Page 7 of 12
4
''•aum aim 11111111
.00 D 0.00 GARFIELD COUNTY CO
b. a minimum setback shall be established for buildings lots at one
hundred feet (100') from the mean high water mark of the Roaring
Fork River at the time of the preliminary plan submittal for all lots
with the exception of the following seven (7) lot: Lots 28, 63, 82, 83,
84, 85, and 86.
c. construct a controlled intersection upon approval of the first final plat
unless the Colorado Department of Transportation (CDOT) requires
a grade separated intersection. In which case, the applicant shall
contribute its fair share of the total cost to construct a grade separated
access at the intersection of SR 82 with CR 154 at the time of final
plat; and
d. utilize the existing CMC turnoff intersection for left-hand turns to
serve this project. Unless a signalized intersection is approved by
CDOT at this location, left-hand turns shall be eliminated for safety
reasons.
e. a maximum building shall be set at a height of up to thirty-five (35')
feet in all areas except the following nine (9) Lots 23, 24, 25, 34, 35,
61, 62, 65, and 66 which shall have a building height restriction of
twenty-five (25'). feet..
3. The first Subdivision Improvement Agreement shall provide a preliminary
plan for ten- pereenf (10%) of the total housing units proposed as attainable
housing units to be located on the project site. The housing shall be created
to accommodate individuals who earn within 80% of the median income in
this valley with no more than 1/3 rd of their income spent on total housing
costs. Price restricted lots do not conform with this condition of approval
which clearly states "housing units" which are "to be located on the project
site." The first ten (10) affordable housing units shall be built on site and
during the first plan phase. Ten affordable housing (10) units shall be built
per subsequent phases until. all thirty (30) such units are built. Off-site
mitigation or cash -in -lieu may be a possibility for the 20 units, with a
corresponding reduction of the overall density of the PUD, should the
regulations be amended for affordable housing. No further agreements shall
be executed until such time as the affordable housing units are constructed
as required.
4. ._;The design of the golf course shall abide by the recommendationsof the
consultant's golf course management report.
Page 8 of 12
1 111111 111111111111 1111 111111111111111.111111111
546857 06/0' ••• -
9 ° IELD COUNTY CO
5. The Subdivision Improvement Agreement for the first final plat shall require
that the developer operated the golf course by the recommendations of the
consultant's golf course management report.
11.
PO
6. The coyenant and the plat notes shall require xeriscape landscaping measures
for all proposed homes located on the unirrigated alluvial fan and collapsible
soils within the development as part of the covenants.
n . f on. i i. n of com.liance as containewithin el - tter fr. m Wri . ht
Ineers .ated 28 Aril 1999 as i -mized bel.w Sections 4.91 C 4.80.D 4.94
4.92.C, 9.51, and 9.41].
All r-commen
Water
En
A.
Cart Path
1. At the time of first final plat, the applicant shall provide the following:
a. final documentation on the Section 404 permitting as required by the
United States Army Corps of Engineers (USACE).
b. redesigned plans if the structural design of the wood boardwalk
requires minor modifications for the cart path at approximately
Stations 7+80 and 9+40.
B. Wetlands 404 And Permitting
1. At the time 'of°first final plat, the applicant shall provide the following:
a. a letter from the USACE which will include a permit as required for
the debris flow structures, County Road 109 underpass, and road
crossings of the drainage. After USACE receives the requested
agency comments for a pre -construction notification review process,
provide the USACE determination regarding authorization of the
project under a Nationwide 26 Permit.
b. correspondence in the submittal regarding the proposed enlargement
of the existing ponds on the Westbank golf course which may require
404 permitting.
C. Water Supply - Westbank Wells
1. The design of the first - final plat shall conform with a minimum 100 foot
(100') separationbuffer maintained between any new golf course area and
the three (3) existing Westbank wells.
Page 9 of 12
LII. All items recommended by the Planning Commission and listed , he Board of County
Commissioner at the public hearing as itemized below Section 9 12
3
10
a
._
1/1 1.11 11 . n. . .....■ n mini 111 1
•. %= 99 03:47P B1133 P931 M ALSDORF
t.
A.
Independent geotechnical engineering review and monitoring:
1. The--.Subdi-vison-Improvement Agreement at the time of the first final plat
shall compensate the County for retention of an independent geotechnical
engineer to review and to monitor all of the mitigation measures that were
proposed in the applicant's submission for both the preliminary plan and the
final plat.
IV. All recommendations of conditions of compliance as contained within the letter from the
ol•rad• t. e Geolo• c urve •at- : 4 December 1998 as it-mized bel
A.
All final plat designs shall conform to the recommendations of the geotechnical
consultant including, but not limited to, the following:
1. Follow the designs shown on the PUD construction documents.
Require site specific foundation ' investigations and drainage
recommendations.
All items indicated in the staff re sort includin • the followin items listed below.
A. Preliminary Plan D ficiencjec•
1. At the time of the first final plat, the design shall include the layout of the
internal parking~lot°far"the clubhouse and the golf course showing the
placement of stop signs at the internal intersections to ensure safe traffic
flow within the parking area [Section 4.60.D].
2. At the time of the ,'first final_ _.pig, the design ,shall incorporate the
recommendations for-4ni-On of settlement and distress to buildings,
roadways, and utilities as contained within the Hepworth-Pawlak report of
10 September 1998 which shall be adhered to during site construction
[Sections 4.60.E and 4.70:A1
3. At the time of the first final plat, the design shall include a vicinity map from
the U.S.G.S. quadrangle on the final plat map which shows the entire area of
the proposed subdivision [Section 4.50.E].
Page 10 of 12
""n k
i Du1 Hail ii1111 111 11111 1111111 ill 111111 111 1111
ORF
i
VI. PI_....... _....... n•i ion..rove. b the B..r..t
C.mmi si.n-r
VII.
4.
At the time of the, first final plat, the applicant shall conduct an evaluation
of potential radiation -hazards shall be prepared for the subdivision [Section
4.60.F].
5. At the time of the second final plat, 'the site plan shall locate the proposed
duplex structures On the plan sheet and the associated internal travel
circulation pattern [Section 9.20].
A. A
relimi
-n..findin
follow
1 • At the time, of final plat, include in the purchasers letter of notification for
the signing'of the purchase agreement the structure for the collection of
$750.00 per unit to be issued to the Roaring Fork Transit Authority for public
transit facilities and services.
2 Attheisi I time
of,
f `final plat,,. include a form of notification letter in the
Suprovements Agreement the structure for the collection of
$750.00 per unit to be issued to the Roaring Fork Transit Authority for public
transit facilities and services.
3. At the time of final plat, include as a plat note the structure for the collection
of $750.00 per unit to be issued to the Roaring Fork Transit Authority for
public transit facilities and services.
A. A
1
i ion
1 r limin
nfin
fellow
d
applicant shall perform the following:
subsequent final plat submissions, the
At the time of the second_,.and
P
owing
a. provide an analysis of the need and the requirement for a grade
separated railroad crossing between CR 154 and SH 82, which
includes the positions of the State Highway Department and the
RFRHA.
b. provide a pro -rata share to Garfield County on the potential railroad
crossing grade separation cost if a grade separated crossing is
required.
Page 11 of 12
air
1111111NMI 11111111111
52:16474-7-0frt08TOR 03:47P B1133 P933 11 ALSDORF
12 of I '..00 GARFIELD COUNTY CO
Dated this 7th day of June A.D. 19 99
AT 1BST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLO••--
CO 01,,
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER WALTER A. STOWE
lerk of the Board':
Chaff
Upon motion • riy made and seconded the fore
following vbte;. ...
STATE OF COLORADO
County of Garfield )
)ss
Res
s adopted by the
I' , County Clerk and ex -officio Clerk of the Board of County
Commissioners in and for the County and State aforesaid do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceeding of the Board of Coun
Commissioners for said Garfield County, now in my office. ty
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this dayof
, A.D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners
Page 12 of 12
£ Qy D
Figure 1
5-4-98
with vegetative sockets planted aloe
homesit
ective. tivity an • ma e this movement tOorridor more
Prelim. Re
d to provide a public fishing easement along the
orti.n o e proper y, •own ream from e
C19_athanXioridae. This wi
maintaining the integrity ofathewfor wetlandslic s upstreamnfromite
bridge and minimizing disturbance to the rookery. he
The PUD/Sketch Plan states that the golf course provides
opportunity for wildlife migration. Mule deer and elk will use
the golf course and I discussed this with Mr.
as the potential for damage to Heg9emeier as well
hslts, g the course, especially the upper 4
When golf courses are built within big
areas, there will be damage. game winter range
for deer or elk to be hazed frometheacourSe. it is not lawfulth
following on 4-30-98• Rose Ranch, includingHel agreed to the
maintenance personnel, shall be golf course
disturbing, hazing,Prohibited from chasing, scaring
coerce big or other forms of harassment in an attempt to
game (deer/elk) off of the golf course and open space
areas. Rose Ranch has the right to locally restrict big game
fencing or other passive means,
from the golf course greens, tees, landscaping by using temporary
Distances to the building envelopes from the heron rookery
made and mapped for Lots 108-118. were
from the rookery, distances varied from 628' toose ots 752'.dirThe across
largest distance was 955' for Lot 109. The
with rear yard setbacks, the river inbetweenethe srookery tances cand
lots, and vegetative screen to be
disturbance to the rooke planted should help to minimize
- 820terature recommendations vary
between 200m - 250m (656'
following to help minimize impacts to the errookery: gemeagreed to the
1. Planting a vegetative screen along east boundary of Lots
_Ina -
o scree- omesites an. •a yar
2. Ve.eta e screen will be in p ace
construction begins, -
3. No construction of
Feb. 15 May"'"s on Lots 94-96, 108-118 from
31. (will be a coni io
4. No human ac 1 1
elow se o the ripa- .n
. s •4-118 across rom e rooker
Jav 15 This will be accomp is e
fencing, if needed.
5. Installation of artificial nesting
of river •y e roo erye Platform on east side
i
sin le nes in: re s wi e
probably be abandoned.
c
i
a
etland
from Feb. 15 -
rough signing an
e river whic
will
In addition, I have recommended that there be 1.22„4229222_y_ stor
•- s balconies facing the rooke
still being nego la e. for . �:-This is
and may depend upon the design and
3 effectiveness of the vegetative screen which is still being
designed.
.r..w,v..+..o,.r�
�•.e�•cxau.-xarJascr -.:.^s -
-nent`
Figure 2 Prelim, Res.
Figure 4 of staff report
The restrictions of this Section 12 shall constitute covenants running with all of the
Property and shall binding upon Declarant and the Unit Owners and all other persons
and parties claiming through the Declarant or Unit Owners and hall be for the benefit of
and provide limitations upon all future owners of the property. Notwithstanding any
other provision of this Declaration, this Section 12 shall be enforceable in perpetuity and
shall not be amended or terminated by action of the Unit Owners or Declarant nor by any
provision for termination of this Declaration The restrictions of this Section 12 shall be
enforceablte in any and all manners provided in this Declaration by any Unit Owner, by
Declarant; or by any county, state or federal agency charged with preservation of wildlife
and wetland areas. Any such enforcement action shall entitle the enforcing party to
recovery of damages equal to the cost of restoration of the property, and such enforcing
party shall be entitled to an award of its attorneys fees and costs of enforcencent, including
17ut not limited to court costs, expert witness fees, costs of depositions and exhibits.
ARTICLE V
COVENANT FOR ASSESSMENTS
1. Personal Obligation for Assessment. Each Unit Owner, by acceptance of a deed
therefore, whether or not it shall be so expressed in such deed, covenants and agrees and shall be
personally obligated to pay to the Association monthly assessments or charges for each Unit
owned, together with special assessments, and other charges, fines, fees, interest, late charges,
and other amounts, all as provided in this Declaration; with such assessments and other amounts
to be established and collected as hereinafter provided. The obligation for such payments by each
Unit Owner to the Association is an independent covenant with all amounts due, from time to
time, payable in full when due without notice or demand (except as otherwise expressly provided
in this Declaration), and without set-off or deduction. All owners of each Unit shall be jointly
and severally liable to the Association for the payment of all assessments, fees, charges and other
amounts attributable to their Unit. Each assessment, together with interest, late charges, costs,
and reasonable attorney's fees, shall also be the personal obligation of the Person who was the
Unit Owner of such Unit at the time when the assessment became due. The personal obligation
for delinquent assessments shall not pass to such Unit Owner's successors in title unless expressly
assumed by them. The Association's lien on a Unit for assessment shall be superior to any
homestead exemption now or hereafter provided by the laws of the State of Colorado or any
exemption now or hereafter provided by the laws of the United States. The acceptance of a deed
to land subject to this Declaration shall constitute a waiver of the homestead and any other
exemption as against said assessment lien.
2. Purpose of Assessments. The assessments levied by the Association shall be used
in addition to such other purposes as allowed under Colorado law for the purpose of promoting
the health, safety, and welfare of the owners of the Units and, in particular, for the enforcement
of this Declaration, for the improvement and maintenance of properties, services, and facilities